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Home My WebLink AboutCity Council Meeting - Council - Agenda - 08/02/1994City of. Kent City Council Meeting Agenda Mayor Jim White Council Members Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr August 2, 1994 Office of the City Clerk . KENT MAYOR: Jim White Jim Bennett Jon Johnson SUMMARY AGENDA KENT CITY COUNCIL MEETING August 2, 1994 Council Chambers 7:00 P.M. COUNCILMEMBERS Tim Clark Paul Mann Judy ds, President CWohristi Houser Leona Orr tr V CALL TO ORDER ROLL CA P COMMUNICATIONS A. 444 A. Employee of the Month B. Introduction of Mayor's Appointees C. Regional Justice Center Update 2. PUBLIC HEARINGS A. 45th Place South Street Vacation STV -94-3 B. Everson Annexation Zoning AZ -94-1 C. Proposed Uses - 1995 Budget D. Six Year Transportation Improvement Program - Resolution t 3. CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Uniform Code for the Abatement of Dangerous Buildings - Ordinance 3! 7 D. Enforcement of Building Codes - Ordinance %- E. Enforcement of Fire Code - Ordinance F. Pawnbrokers - Ordinance G. Library Board - Appointment H. High Speed Passenger Rail Service - Resolution I. Utility Billing Procedures - Ordinance ?."! 4. OTHER BUSINESS None 5. BIDS A. Utility Vehicles for Golf Course Use B. Seal Coating and Paint Striping - Fire Station Parking Lots 6. CONTINUED COMMUNICATIONS 7. REPORTS EXECUTIVE SESSION - Property Acquisition 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. r^ 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) Employee of the Month B) Introduction of Mayor's Appointees C) Regional Justice Center Update Kent City Council Meeting "4 Date August 2 1994 i Category Public Hearings i 1. SUBJECT: 45TH PLACE SOUTH STREET VACATION STV -94-3 2. SUMMARY STATEMENT: This date has been set for a public hearing to consider an application by Marvin Laukala (/o Robert D. Sandwick) to vacate a portion of 45th Place South as referenced in Resolution No. 1391, and as shown on the accompanying map and discussed in the staff report. 3. EXHIBITS: staff report, map and application 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 9 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember 14 d/J seconds to approve/ the Planning Department's recom- mendation of approval (with three conditions as mentioned in the staff report) of an application to vacate a portion of 45th Place South (STV -94-3) and to direct the City Attorney to prepare the necessary ordinance upon receipt of compensation, and when the conditions have been met. DISCUSSION: ACTION: l/W ivvr vl CA Council Agenda Item No. 2A CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM July 28, 1994 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR RE: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF 45TH PLACE SOUTH -(STV -94-3) RECOMMENDATION: APPROVAL WITH CONDITIONS I. Name of Applicant Marvin Laukala C/O Robert D. Sandwick 404 West Titus Street Kent WA 98032 II. Reason for Requesting Vacation The applicant states, "This application is supplemental to street vacation application STV -93-2, the approval of which has lapsed. That application was paced with concurrent variances and has lapsed. Reapproval is being sought." When STV -93-2 was applied for, the applicant stated the reason for requesting the street vacation was that, "determination has been made by the City of Kent LID street improvements that the portion of 45th Place South for which vacation is sought, is no longer necessary for public right-of-way." III. Staff Recommendation After reviewing comments from agencies: Public Works Fire Police Washington Natural Gas the following departments and and conducting our own review, the Planning Department recommends that the request to vacate a portion of 45th Place Mayor White July 28, 1994 Page 2 South as mentioned in Resolution. 1391 and shown on the accompanying map, be APPROVED with the following conditions: 1. The petitioner shall provide to the City for review and approval, a field topographical survey of the proposed area wherein a hammerhead turnaround could be built. Said survey shall be stamped by a Washington State Licensed Land Surveyor. Denoted on the survey map along with the topographical features of the land, shall be existing curbs, pavement, catch basin(s), power poles, driveways, building foundations, property lines and right-of-way lines. 2. The petitioner shall deed to the City that portion of his property as determined by the Public Works Director as necessary for the construction of the hammerhead turnaround. 3. The petitioner shall pay the City one-half the fair market value of the remaining balance of the vacated property. The remaining balance is the original square footage of right-of-way being vacated, less the square footage of petitioner's property deeded to the City per Condition #2• NOTE: On October 5, 1993, the City Council approved the original 45th Place Street Vacation application (STV -93-2) with the same conditions as listed above. The reason for this new application is that vacation STV -93-2 was not recorded in the time frame allotted for street vacations and thus the approval lapsed. JPH/cw:a:stv94.3 Enclosure r I it) VE W Ul I END CURS - ui – 3i I— . 2 5.17 ci uj ;u cc 2 ul )4� U 2,; 5. 01 < J n rq 4-1 Lo c: PROPOSED STREET VACATION PORTION OF 45TH PLACE S. RESOLUTION #1391 (#STV -94-3) [s 89,10,291" E —10' S' RM DR INA( BLD 9ff-CBA6K LIN �S 88'44'16" E 1 8 2 5.17 ci 30,00' F BLD 9ff-CBA6K LIN �S 88'44'16" E Gerald B. McCaughan Nmue: PLz�RVIN LKT CITY OF TIENT — A- 220 220 So. 4th Ave. Address:( -/n f1- 4anc9wir`k Kent, WA 98032 404 West Titus St., Kent, iv -1. 98032 -Phone: (206) 354-8118 STREET AIID/OR ALLEY VACATION APPLICATION AND PETITION EX HIBIT Dear Mayor and Kent City Council: 3 6,�JWe, the undersigned abutting property dwners, hereby respectfully request that certain right of way hereby.be vacated. (General Location) -Legal Description That portion of 45th Plece South right-of-way lying east of a line camencing at the Northwest corner of Lot 6, Block 1, Pierce's First Addition according to the plat thereof recorded in Volume 65 o Plats, page 75, Records of King County, Washington and descrived as follows: Beginning at said Northwest corner of said Lot 6; thence a distance of 110.79 feet, more or less, to the Southwest corner of said Lot 6 and -Erle terr.rinus'of said described line; ccaprising an area of 1703.25 square feet. BRIEF STATEMENT WIIY VACATION IS BEING SOUGHT This application is supplemental to street vacation application STV -93-2,. the approval of which has lapsed. That application was paced with concurrent variances and has lapsed. Reapproval is being sought. Sufficient proof, copy of deed contract etc. supported by King County Tax Polls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being sioned for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS _ TAX LOT SIGNATURES AND ADDRESSES LOT, BLOCK, b PLAT/SEC. TW11. RG MA.FiI LAUKALA , PRES . - M=EL IWESTMENT CCMPA.NTY �`LLL�i��y 5150.00 Fee Paid T��7t- Treasurer's Receipt IJo. Appraisal Fee Paid Treasurer's Receipt Ilo. Land Value Paid Treasurer's Receipt llo. Deed Accepted Date Trade Accepted Date 5224-33A Kent City Council Meeting Date August 2, 1994 Category Public Hearings 1. SUBJECT: EVERSON ANNEXATION INITIAL ZONING AZ -94-1 2. SUMMARY STATEMENT: This date has been set for the first of two public hearings to be held by the City Council on the pro- posed initial zoning of the Everson annexation area. Following deliberations on July 12, 1994, the Planning Commission recom- mended approval of zoning Alternative #3 as presented in the Planning Department's staff report (dated 6/27/94). A second public hearing will be held on September 6, 1994. 3. EXHIBITS: memo, staff report of 6/27/94 and Planning Commission minutes of 7/12/94 4. RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: NO X YES Councilmember moves, Councilmember seconds (7 DISCUSSION: ACTION: Council Agenda Item No. 2B CITY Of d�T�IICC°[ia 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 (A z - 9 4 -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 zoninZD g. 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 Backeround: 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 unit 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 Zoniniz 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 Zonin¢ 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 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 southwestem 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 0 z • ALTERNATIVE 1 - ON ZONING M�)J� /,fD "I'Mn uO, ANNEXATION -4REA im J�l r7l 77 r P W\ CYcFi It L? 03 ALTS RNATra 2 VE E'RSON ZONING (TV�. ARF k Al 777 � v "TERNATr" 3 EVERSON ZONING \\\\ ��\�\ l \\\�� ( of -(r �, / I \\\ \�\\\�\ It1',. l (J �. �� %. ANNEXATION AREA Fes' � � � � \\ � � � � 1id,i�.•5: (�r� / �- • ( -- . =,ono J � — `• �, \ \ . J �-..\ tt�`.�\(`\ t,\�\�" ` ^�� i � N X11, \\\� 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, jec es P. Harris, ording Secretary 4 i, Kent City Council Meeting Date August 2 1994 Category Public Hearings 1. SUBJECT: PROPOSED USES - 1995 BUDGET 2. SUMMARY STATEMENT: This date has been established to receive public input for the 1995 City of Kent Budget. Following the receipt of the public input, the Mayor will finalize the preliminary budget for presentation to Council on October 18, 1994. The final budget is scheduled for adoption on December 6, after another public hearing which will be held November 8. The Mayor and Council encourage the public to bring their ideas to this public hearing, so these ideas may be incorporated into the 1995 Budget. 3. EXHIBITS: 1995 budget calendar 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. 9 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 2C 1995 BUDGET PROCESS/CALENDAR TARGET & GOAL MEETING 3/3 COUNCIL OPERATIONS COMMITTEE 4/27 Financial report - 1st Quarter Preliminary 1995 baseline forecast for Administration BUDGET CALL 6/1 Mayor provides budget instructions to departments Finance updates preliminary baseline budgets FINANCE MEETS WITH DEPARTMENTS 711-7/31 Review and adjust baseline budgets to reflect changing cost trends, mandates and known contractual changes COUNCIL OPERATIONS COMMITTEE 7/27 Financial report - 2nd Quarter Updated 1995 baseline forecast DEPARTMENT PRESENTATIONS TO ADMINISTRATION 8/1-8/30 Departmental presentations of issues COUNCIL REGULAR 8/2 Proposed Use Public Hearing on 1995 Budget COUNCIL WORKSHOP 5:30 - 6:45 8/16 July financial report Preliminary 1995 baseline budgets and financial forecast update COUNCIL OPERATIONS COMMITTEE 8/24 July financial report Preliminary 1995 baseline budgets and financial forecast update BUDGET BALANCING 9/1-9/30 Administrative adjustments - adds/cuts COUNCIL WORKSHOP 4:00 - 6:30 10/18 Financial report - 3rd Quarter Overview of 1995 Preliminary Budget Document Departments Present Programs and Services for 1995 COUNCIL OPERATIONS COMMITTEE 10/26 Financial report - 3rd Quarter Budget Review COUNCIL REGULAR 11/8 Public Hearing on 1995 Budget COUNCIL OPERATIONS COMMITTEE 11/9 1995 Budget Review COUNCIL REGULAR 11/22 Adoption of Final Adjustments for 1994 COUNCIL OPERATIONS COMMITTEE 11/23 Financial Report - October Budget Review COUNCIL REGULAR 12/6 Adoption of Budget and Tax Levy Ordinance 95budcal Kent City Council Meeting Date August 2 1994 Category Public Hearings SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM - RESOLUTION 2. SUMMARY STATEMENT: This date has been set for the public hearing and adoption of a resolution establishing the Six Year Transportation Improvement Program. The Transportation Engineer will give a brief overview of the program. 3. EXHIBITS: Resolution and Public Works Director memorandum 4. RECOMMENDED BY: Council Action 7/19/94 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: /n�__ Councilmember _�C_nai '") moves, Councilmember �J seconds that Resolution No.13I be adopted authorizing the Six Year Transportation Improvement Program. DISCUSSION• n ACTION: V of Y Council Agenda Item No. 2D DEPARTMENT OF PUBLIC WORKS AUGUST 2, 1994 TO: Mayor & City Council FROM: Don Wickstrom RE: Six Year Transportation Improvement Program The Public Works Department has prepared the attached Six Year Transportation Improvement Program for adoption by Resolution #_ The Transportation Engineer will be at the August 2nd Public Hearing to give a brief summary of the projects. Included in your packets are descriptions and cost summaries for each project. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting the 1995- 2000 Six Year Transportation Improvement Plan. WHEREAS, after proper notice, the City Council of the City of Kent held a public hearing at the regular meeting of the City Council held at 7:00 p.m. on August 2, 1994, to consider public testimony on the proposed Transportation Improvement Plan for the City and having considered public testimony to the Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The 1995 through 2000 Six Year Transportation Improvement Plan, as set forth in the exhibit attached hereto and herewith filed with the City Clerk, is hereby adopted. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1 1994. Concurred in by the Mayor of the City of Kent, this day of , 1994. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, the day of , 1994. sixyear.res BRENDA JACOBER, CITY CLERK 2 (SEAL) City of Kent, Washington Six -Year Transportation Improvement Plan 1995 Through 2000 Project Listing First Year: 1995 Project Number Proiect Name 1 South 272nd/ 277th Street Corridor Project -- , , Page 10 Auburn Way to Kent-Kangley Road 2 South 196th/ 200th Street Corridor Project _' , Page 11 Orilla Road to West Valley Highway ( SR 181 ) 3 South 196th/ 200th Street Corridor Project Page 12 West Valley Highway ( SR 181 ) to East Valley Highway 4 Canyon Drive Pedestrian and Bicycle Facility. .. . . Page 13 Alvord Avenue to 94th Avenue SE 5 Reith Road/ West Meeker St. at Kent-Kangley Intersection Improv. Page 14 Reith Road/Meeker St. at Kent -Des Moines Road ( SR 516 ) 6 South 212th Street High Occupancy Vehicle Lanes . . . . . , . . Page 15 West Valley Highway ( SR 181) to SR 167 7 Commute Trip Reduction Page 16 CITY-WIDE 8 Green River Valley Signal Coordination Project Page 17 West Valley Highway -- SR 516 to South 180th Street South 180th Street -- West Valley Highway to Benson Highway 9 James Street Safety Improvements _ Page 18 Central Avenue to 98th Avenue Southeast 10 Neighborhood Traffic Control Program . . Page 19 CITY-WIDE 11 ADA Complience Program -- Sidewalk Repair and Rehabilitation . Page 20 CITY-WIDE 12 West Meeker Street Widening -- Phase One . Page 21 Kent -Des Moines Road to Green River Bridge 13 City -Wide Bicycle and Pedestrian Facilities Program . Page 22 CITY-WIDE 14 METRO Park and Ride Lot Bicycle Lockers Page 23 Downtown Kent Park and Ride 15 Pacific Highway South ( SR 99 ) High Occupancy Vehicle Lanes Phase One . . . . . . . . . . . . . . . , . . . . . , Page 24 Kent -Des Moines Road ( SR 516 ) to South 240th Street 16 Washington Avenue ( SR 181) Widening Project -- Phase One Page 25 Harrison Street to Green River Bridge 17 Russell Road at West Meeker Street Traffic Signal Project Page 26 Russell Road at West Meeker Street Page 7 City of Kent, Washington Six -Year Transportation Improvement Plan 1995 Through 2000 Project Listing SECOND/ THIRD YEAR: 1996 - 1997 18 East Valley Highway Pavement Rehabilitation Page 27 South 192nd Street to South 212th Street 19 Military Road Improvements Page 28 28 Kent -Des Moines Road ( SR 516 ) to Reith Road Page 37 20 Burlington Northern Railroad Grade Separations Page 29 29 South 212th Street, South 228th Street Page 38 James Street, Smith Street, V"illis Street 21 72nd Avenue Extension Page 30 30 South 194th Street to South 196th Street Page 39 22 Southeast 256th Street Widening Page 31 31 Kent-Kangley Road to 116th Avenue Southeast Page 40 23 64th Avenue South Extension .. Page 32 32 South 216th Street to South _26th Street Page 41 24 Lincoln Avenue at Smith Street Traffic Signal Project . Page 33 33 Lincoln Avenue at Smith Streit Page 42 25 Willis Street ( SR 516 ) at 4th Avenue South 34 Intersection Improvements ( 1997 ) . . . . _ . . . . . . . Page 34 Willis Street ( SR 516) at 4th Avenue North 26 Central Avenue Pavement Rehablitation Page 35 Willis Street ( SR 516 ) to Green River Bridge Fourth/ Fifth/ Sixth Years: 1998, 1999, 2000 27 South 224th/ 228th Street Corridor Project Page 36 South 228th Street -- Military Road to 54th Ave So. Military Road -- So. 228th St. to Kent -Des Moines Road 28 West Meeker Street Widening -- Phase Two . Page 37 Green River Bridge to West Valley Highway 29 Pacific Highway South High Occupancy Vehicle Lanes -- . Page 38 Phase Two South 240th Street to South 252nd Street 30 Central Avenue at Smith Street Intersection Improvements . Page 39 Central Avenue at Smith Street 31 James Street at Central Avenue Intersection Improvements . Page 40 James Street at Central Avemme 32 Smith Street at 4th Avenue North Intersection Improvements. Page 41 Smith Street at 4th Avenue North 33 94th Avenue South Widening . Page 42 James Street ( South 240th Sueet ) to Canyon Drive 34 Southeast 248th Street Widening Page 43 94th Avenue South to 116th Avenue Southeast Page o CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION EvIPROVEMENT PROGRAM PROJECT NAME: South 272nd/ 277th Street Corridor Project Auburn Way to Kent-Kangley Road ( State Route 516 ) DESCRIPTION: Construct a new five -lane roadway from Auburn Way to the Kent-Kangley Road ( State Route 516 ), including a new bridge across the Green River, and traffic signals at the intersections of South 272nd/ Auburn Way and 116th Avenue SE/ Kent-Kangley Road. Project will include the construction of full - width paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; bike paths; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 1,900,000 SUMMARY: Right of Way Acquisition $ 3,200,000 Construction $ 21,400,000 TOTAL: $ 26,500,000 FUNDING SOURCE(S): TIA, CITY, LID Page 10 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: South 196th/ 200th Street Corridor Project Orillia Road to West Valley Highway ( State Route 181 ) DESCRIPTION: Construct a new five -lane roadway from Orillia Road to Russell Road, and widen Russell Road/ South 196th Street to West Valley Highway ( State Route 181 ), including a new bridge across the Green River, and traffic signals at the intersections of Orillia Road/ South 200th Street and Russell Road at South 200th Street. Project will include the construction of full -width paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; bike paths; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 781,000 SUMMARY: Right of Way Acquisition $ 2,323,000 Construction $ 9,396,000 TOTAL: ( City share) $ 12,500,000 FUNDING SOURCE(S): TIA, COUNTY, CITY, LID Page 11 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: South 196th/ 200th Street Corridor Project West Valley Highway ( State Route 181 ) to East Valley Highway DESCRIPTION: Construct a new four and five -lane roadway from West Valley Highway ( State Route 181 ) to East Valley Highway, including a new bridge across the Union Pacific Railroad and Burlington Northern Railroad main lines; widen South 196th Street between West Valley Highway ( State Route 181 ) and 72nd Avenue South, and from 80th Avenue South to East Valley Highway; and a traffic signal at the intersections of South 196th Street at East Valley Highway. Project will include the construction of full -width paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; bike paths; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 1,500,000 SUMMARY: Right of Way Acquisition $ 4,700,000 Construction $ 15,800,000 TOTAL: $ 22,000,000 FUNDING SOURCE(S): TIA, CITY, LID Page 12 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Canyon Drive Pedestrian and Bicycle Facility Alvord Avenue to 94th Avenue South DESCRIPTION: Extend the existing concrete sidewalks along the northerly side of Canyon Drive ( State Route 516 ), and construct new concrete sidewalks along the southerly side of Canyon Drive, between Alvord Avenue and 94th Avenue South; and widen the pavement to provide a bicycle lane along the southerly side of the roadway. Project will include the construction of paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; bike paths; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 43,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 -Construction $ 642,000 TOTAL: $ 685,000 FUNDING SOURCE(S): STP (U), CITY Page 13 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Reith Road/ West Meeker Street at Kent -Des Moines Road Intersection Improvements Reith Road/ West Meeker Street at Kent -Des Moines Road DESCRIPTION: Widen Reith Road and West Meeker Street from a point 500 feet westerly of the Kent -Des Moines Road ( State Route 516 ) to Frager Road. Project will include the construction of paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 3,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 - Construction $ 54,000 TOTAL: $ 57,000 FUNDING SOURCE(S): STP (U), CITY Page 14 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION RAPROVEMENT PROGRAM PROJECT NAME: South 212th Street High Occupancy Vehicle Lanes West Valley Highway ( State Route 181 ) to State Route 167 DESCRIPTION: Widen South 212th Street to provide one pair of High Occupancy Vehicle lanes , one lane each direction, from West Valley Highway ( State Route 181 ) to State Route 167, reconstruct any existing concrete sidewalks, and complete the missing segments of sidewalk; and construct a five-foot wide concrete bicycle path alongside sidewalks. Project will include the construction of paving; concrete curbs, gutters, sidewalks, and bicycle paths; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 380,000 SUMMARY: Right of Way Acquisition $ 250,000 Construction $ 3,270,000 TOTAL: $ 3,900,000 FUNDING SOURCE(S): UATA, CITY, LID Page 15 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Commute Trip Reduction CITY-WIDE DESCRIPTION: Prepare the parking review policy per the Washington State Commute Trip Reduction law; including a review of the City's parking inventory, parking costs, parking design guidelines, zoning codes, and forecast demand; and implement policies among the City's major employers to encourage the reduction of peak hour commute trips . PROJECT COST Administration SUMMARY: TOTAL: FUNDING SOURCE(S): STP (U), CITY Page 16 $ 25,000 $ -0- $ -0- $ 25,000 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Green River Valley Traffic Signal Coordination Project West Valley Highway -- Kent -Des Moines Road to South 180th Street South 180th Street -- West Valley Highway to Benson Highway DESCRIPTION: Complete the design report for the Intra -agency signal coordination project between the Cities of Renton, Tukwila, and Kent; King County; and the Washington State Department of Transportation. Signal coordination recommendations to be made for West Valley Highway between the Kent -Des Moines Road and South 180th Street; and South 180th Street between West Valley Highway and Benson Highway ( SR 515 ); implement the recommendations, therein; and monitor the net level -of -service improvements. PROJECT COST Administration and Analysis $ 5,000 SUMMARY: $ -0- $ -0- TOTAL: $ 5,000 FUNDING SOURCE(S): CITY Page 17 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: James Street Safety Improvements Central Avenue to 98th Avenue South DESCRIPTION: Construct pedestrian safety improvements along James Street ( South 240th Street ), between Central Avenue and 98th Avenue South. Project will include signalization system modifications at the intersections of South 240th Street/ 94th Avenue South, South 240th Street/ 98th Avenue Southeast; concrete sidewalk reconstruction at various locations; signage; and street lighting. PROJECT COST Preliminary Engineering $ 62,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 - Construction $ 288,000 TOTAL: $ 350,000 FUNDING SOURCE(S): CITY Page 18 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Neighborhood Traffic Control Program CITY-WIDE DESCRIPTION: Modify residential streets within various neighborhoods of the City to promote pedestrian safety, and encourage driver compliance with the existing traffic laws. PROJECT COST Preliminary Engineering $ 6,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 - Construction $ 54,000 TOTAL: $ 60,000 FUNDING SOURCE(S): STP (U), CITY Page 19 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: ADA ( Americans With Disabilities Act) Compliance Program Sidewalk Repair and Rehabilitation Program CITY-WIDE DESCRIPTION: Reconstruct and repair existing sidewalks and wheelchair ramps; and install new sidewalks to implement the accessibility requirements of the Federal Government's ADA ( Americans With Disabilities Act ); including a review of the City's sidewalk inventory, and reconstruction of existing deficiencies. Project will include the construction of concrete curbs, gutters and sidewalks; and street lighting. PROJECT COST Preliminary Engineering $ 180,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 -Construction $ 1,620,000 TOTAL: $ 1,800,000 FUNDING SOURCE(S): STP (U), CITY Page 20 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: West Meeker Street Widening -- Phase One Kent -Des Moines Road ( State Route 516 ) to Green River Bridge DESCRIPTION: Widen West Meeker Street to provide a five lane roadway, with bike lanes , from the Kent -Des Moines Road ( State Route 516 ) to Green River Bridge, reconstruct any existing concrete sidewalks, and complete the missing segments of sidewalk. Project will include the construction of paving; concrete curbs, gutters, sidewalks; bicycle paths; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 376,000 SUMMARY: Right of Way Acquisition $ 60,000 Construction $ 2,130,000 TOTAL: $ 2,566,000 FUNDING SOURCE(S): STP (BR), UATA/ TIA, CITY Page 21 CITY OF KENT, WASHINGTON 11 PROJECT NAME: City -Wide Bicycle and Pedestrian Facilities Program CITY-WIDE ing DESCRIPTION: Provideimprovements of dewalk; wide pedestrian shoulders to provide de bicpycle completing seg provide for cyclist and pedestrian safety improvements. Locations of projects to be determined as the need is identified . PROJECT COST Preliminary Engineering $ 25,000 SUMMARY: $ -0- Right of Way Acquisition Construction $ 225,000 TOTAL: $ 250,000 FUNDING SOURCE(S): STP (U), CITY Page 22 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION R"ROVEMENT PROGRAM PROJECT NAME: METRO Park and Ride Lot Bicycle Lockers METRO Downtown Kent Park and Ride Lot DESCRIPTION: Provide secure bicycle storage at the METRO Park and Ride Lot in Downtown Kent. PROJECT COST Preliminary Engineering $ 7,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 -Construction $ 63,000 TOTAL: $ 70,000 FUNDING SOURCE(S): STP (E), CITY Page 23 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Pacific Highway South ( State Route 99) High Occupancy Vehicle Lanes Kent -Des Moines Road ( State Route 516) to South 240th Street DESCRIPTION: Widen Pacific Highway South ( State Route 99 ) to provide one pair of High Occupancy Vehicle lanes, one lane each direction, from the Kent -Des Moines Road ( State Route 516 ) to South 240th Street, reconstruct any existing concrete sidewalks, and complete the missing segments of sidewalk. Project will include the construction of paving; concrete curbs, gutters, sidewalks, and bicycle paths; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 150,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 - Construction TOTAL: FUNDING SOURCE(S): TIA, CITY Page 24 $ 1,500,000 $ 1,650,000 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Russell Road at West Meeker Street Traffic Signal System Russell Road at West Meeker Street DESCRIPTION: Install a multi -phase traffic signal system at the intersection of Russell Road and West Meeker Street. Project will include the minor widening of the pavement, and reconstruction of the curb returns on the northerly side of West Meeker Street. PROJECT COST Preliminary Engineering $ 10,000 SUMMARY: Right of Way Acquisition $ 10,000 Construction $ 180,000 TOTAL: $ 200,000 FUNDING SOURCE(S): CITY Page 26 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: East Valley Highway Pavement Rehabilitation South 192nd Street to South 212th Street DESCRIPTION: Reconstruct the existing roadway pavement to add additional life to the roadway, between South 192nd Street and South 212th Street. Project will include the removal and replacement of the existing pavement in the curb (#2) travel lanes in each direction, and an asphalt overlay of the entire roadway. Project will also include the replacement of selected catch basin inlets and aprons, and curbs, gutters and driveways. PROJECT COST Preliminary Engineering $ 5,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 -Construction $ 505,000 TOTAL: $ 510,000 FUNDING SOURCE(S): STP (U), CITY Page 27 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Military Road Improvements Kent -Des Moines Road ( State Route 516 ) to Reith Road DESCRIPTION: Widen Military Road to provide left turn lanes and paved shoulders at selected locations between the Kent -Des Moines Road ( State Route 516 ) and Reith Road. Project will include the construction of paving; concrete curbs, gutters, sidewalks; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 39,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 -Construction $ 111,000 TOTAL: $ 150,000 FUNDING SOURCE(S): UATA, CITY Page 28 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Burlington Northern Railroad Grade [ Crossing ] Separations South 212th Street South 228th Street James Street Smith Street Willis Street ( State Route 516 ) DESCRIPTION: Construct grade separations of the Burlington Northern Railroad's main line at South 212th Street, South 228th Street, James Street, Smith Street, and Willis Street ( State Route 516 ); in order to enhance motor vehicle safety, and the operations of the RTA commuter rail service and proposed Everett to Portland high-speed rail line. Project will include the construction of full -width paving; bridges and retaining walls; curbs, gutter and sidewalks; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 1,000,000 SUMMARY: Right of Way Acquisition $ 1,000,000 Construction $ 16)000,000 TOTAL: $ 18,000,000 FUNDING SOURCE(S): STP (RRP ), RTA, CITY Page 29 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: 72nd Avenue South Extension South 194th Street to South 196th Street DESCRIPTION: Construct a new three -lane roadway from South 194th Street to South 196th Street. Project will include the construction of full -width paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 80,000 SUMMARY: Right of Way Acquisition $ 216,000 Construction $ 244,000 TOTAL: $ 540,000 FUNDING SOURCE(S): CITY Page 30 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION ROPROVBMENT PROGRAM PROJECT NAME: Southeast 256th Street Widening Kent-Kangley Road ( State Route 516 ) to 116th Avenue Southeast DESCRIPTION: Widen Southeast 256th Street to a provide a five -lane roadway, including four general purpose travel lanes, a center left -turn lane, and bicycle lanes; and modify the existing traffic signal systems at the intersections of Southeast 256th Street/ Kent-Kangley Road ( State Route 516 ) and Southeast 256th Street/ 116th Avenue South. Project will include the construction of paving; concrete curbs, gutters, sidewalks; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 434,000 SUMMARY: Right of Way Acquisition $ 928,000 Construction $ 1,538,000 TOTAL: $ 2,900,000 FUNDING SOURCE(S): DATA, CITY, LID Page 31 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: 64th Avenue South Extension South 216th Street to South 226th Street DESCRIPTION: Construct a new four/five-lane roadway from South 216th Street to South 226th Street. Project will include the construction of full -width paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 104,000 SUMMARY: Right of Way Acquisition $ 148,000 Construction $ 1,948,000 TOTAL: $ 2,200,000 FUNDING SOURCE(S): CITY, LID Page 32 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION DAPROVEMENT PROGRAM PROJECT NAME: Lincoln Avenue at Smith Street Traffic Signal System Lincoln Avenue at West Smith Street DESCRIPTION: Install a multi -phase traffic signal system at the intersection of Lincoln Avenue at West Smith Street. Project will include interconnection with the adjacent pedestrian/ bicycle signal at the Interurban Trail crossing on Smith Street, and the railroad grade -crossing protection system for the Union Pacific Railroad tracks. Project will also include an upgrading of the aforementioned pedestrian/ bicycle signal at the Interurban Trail . PROJECT COST Preliminary Engineering $ 19,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 - Construction $ 111,000 TOTAL: $ 130,000 FUNDING SOURCE(S): METRO/ KING COUNTY Page 33 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Willis Street ( State Route 516 ) at 4th Avenue South Intersection Improvements Willis Street ( State Route 516 ) at 4th Avenue South DESCRIPTION: Reconstruct the existing traffic signal system at the intersection of Willis Street ( State Route 516 ) at 4th Avenue South. Project will include the reconstruction of the existing signal mast arm for westbound traffic, installing protected/ permissive signal phasing, and reconstructing the wheelchair ramps at the southeast curbed island. PROJECT COST Preliminary Engineering $ 5,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 - Construction $ 25,000 TOTAL: $ 30,000 - FUNDING SOURCE(S): STP (U), CITY Page 34 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IlVIPROVEMENT PROGRAM PROJECT NAME: Central Avenue Pavement Rehabilitation Willis Street ( State Route 516 ) to Green River Bridge DESCRIPTION: Reconstruct the existing roadway pavement to add additional life to the roadway, between Willis Street ( State Route 516 ) and the Green River Bridge. Project will include the removal of the upper 2" of the existing pavement and replacement in the curb ( #2 ) travel lanes ,in each direction, and an asphalt overlay of the entire roadway. Project will also include the replacement of selected catch basin inlets and aprons, and curbs, gutters and driveways. PROJECT COST Preliminary Engineering $ 5,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 -Construction $ 420,000 TOTAL: $ 425,000 FUNDING SOURCE(S): STP (U), CITY Page 35 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: South 224th/ 228th Street Corridor Project South 228th Street -- Military Road to 54th Avenue South Military Road -- South 228th Street to Kent -Des Moines Road ( SR 516) DESCRIPTION: Construct a new five -lane roadway from South 228th Street -- Military Road to 54th Avenue South, on South 228th Street; and from South 228th Street to Kent -Des Moines Road ( State Route 516 ) on Military Road; including a new bridge across the Green River, and traffic signals at the intersection of South 228th Street/Military Road. Project will include the construction of full -width paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; bike paths; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 1,021,000 SUMMARY: Right of Way Acquisition $ 833,000 Construction $ 7,704,000 TOTAL: $ 9,558,000 FUNDING SOURCE(S): TIA, CITY, LID Page 36 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: West Meeker Street Widening -- Phase Two Green River Bridge to West Valley Highway ( State Route 181 ) DESCRIPTION: Widen West Meeker Street to provide a five lane roadway, with bike lanes, from the Green River Bridge to West Valley Highway ( State Route 181 ), reconstruct any existing concrete sidewalks, and complete the missing segments of sidewalk. Project will include the construction of paving; concrete curbs, gutters, sidewalks; bicycle paths; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 1,234,000 SUMMARY: Right of Way Acquisition $ 950,000 Construction $ 3,375)700 TOTAL: $ 5,559,700 FUNDING SOURCE(S): UATA/ TIA, CITY Page 37 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Pacific Highway South ( State Route 99 ) High Occupancy Vehicle Lanes South 240th Street to South 252nd Street DESCRIPTION: Widen Pacific Highway South ( State Route 99 ) to provide one pair of High Occupancy Vehicle lanes, one lane each direction, from the South 240th Street to South 252nd Street, reconstruct any existing concrete sidewalks, and complete the missing segments of sidewalk. Project will include the construction of paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 250,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 - Construction $ 2,250,000 TOTAL: $ 2,500,000 FUNDING SOURCE(S): UATA/ TIA, CITY Page 38 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION RvIPROVEMENT PROGRAM PROJECT NAME: Central Avenue at Smith Street Intersection Improvements Central Avenue at East Smith Street DESCRIPTION: Widen Central Avenue to construct a second exclusive left -tum lane for southbound traffic; and modify the existing traffic signalization system. Project will include the construction of paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 100,000 SUMMARY: Right of Way Acquisition $ 310,000 Construction $ 400,000 TOTAL: $ 800,000 FUNDING SOURCE(S): UATA, CITY Page 39 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION Ry PROVEMENT PROGRAM PROJECT NAME: James Street at Central Avenue Intersection Improvements James Street ( South 240th Street ) at Central Avenue DESCRIPTION: Widen James Street, easterly of Central Avenue, to construct an exclusive right -tum lane for westbound traffic; and modify the existing traffic signalization system. Project will include the construction of paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 25,000 SUMMARY: Right of Way Acquisition $ 100,000 Construction $ 225,000 TOTAL: $ 350,000 .. FUNDING SOURCE(S): UATA, CITY Page 40 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT NAME: Smith Street at 4th Avenue North Intersection Improvements West Smith Street at 4th Avenue North DESCRIPTION: Widen 4th Avenue North at West Smith Street to construct an exclusive left - turn lane for northbound and southbound traffic; modify the existing traffic signalization system to provide exclusive left -turn phasing; and reconstruct the curb returns on the northwest and northeast corners to improve right - turning vehicle movements and provide ADA compliant wheelchair ramps. Project will include the construction of paving; concrete curbs, gutters, and sidewalks; street lighting; drainage; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 20,000 SUMMARY: Right of Way Acquisition $ 200,000 Construction $ 400,000 TOTAL: $ 620,000 FUNDING SOURCE(S): DATA, CITY Page 41 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IlVIPROVEMENT PROGRAM PROJECT NAME: 94th Avenue South Widening James Street ( South 240th Street ) to Canyon Drive ( State Route 516 ) DESCRIPTION: Widen 94th Avenue South, between James Street ( South 240th Street ) and Canyon Drive ( State Route 516 ) to a provide a three -lane roadway, including two general purpose travel lanes, a center left -tum lane, and sidewalks. Project will include the construction of paving; concrete curbs, gutters, sidewalks; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 120,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 -Construction $ 680,000 TOTAL: $ 800,000 FUNDING SOURCE(S):: DATA, CITY Page 42 CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION Rv1PROVE1VENT PROGRAM PROJECT NAME: Southeast 248th Street Widening 94th Avenue South to 116th Avenue Southeast DESCRIPTION: Widen Southeast 248th Street, between 94th Avenue South and 116th Avenue Southeast to a provide a three -lane roadway, including two general purpose travel lanes, a center left -turn lane, and sidewalks. Project will include the construction of paving; concrete curbs, gutters, sidewalks; street lighting; drainage; landscaping; utilities and appurtenances. PROJECT COST Preliminary Engineering $ 300,000 SUMMARY: Right of Way Acquisition $ -0- Construction 0 -Construction $ 1,700,000 TOTAL: $ 2,000,000 FUNDING SOURCE(S): UATA, CITY Page 43 CONSENT CALENDAR 3. City Council Action: (n�__ moves Councilmember &A--- Councilmember W (X/� seconds that Consent Calendar Items A through I be approved. Discuss Act 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 19, 1994, with a correction to Item 3K as follows: "...to paint this mural on the nerth south side of the building at Titus Railroad Park." 3B. Approval of Bills. Approval of payment of the bills received through July 15, 1994 and paid on July 15, 1994 after auditing by the Operations Committee on July 27, 1994. Approval of checks issued for vouchers: Date 7/1/94-7/15/94 Check Numbers 144755-144859 Amount $1,780,439.00 Approval of checks issued for payroll for July 1, 1994 through July 15, 1994 and paid on July 20, 1994: Date 7/20/94 Checks Advice Check Numbers 196326-196720 16618-16970 Amount $ 284,898.35 431.378.09 $ 716,276.44 Council Agenda Item No. 3 A -B Kent, Washington July 19, 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, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson, Finance Division Manager Miller and Human Resource Division Manager Viseth. Councilmember Bennett was excused from the meeting. Approximately 25 people were in attendance. PUBLIC Curran, Kleweno & Johnson Appreciation Day. COMMUNICATIONS The Mayor read a proclamation declaring July 20, 1994 as Curran, Kleweno & Johnson Appreciation Day in the City of Kent. He encouraged citizens to recognize and appreciate this law firm for its community service to those needing legal assistance. Pete Curran accepted the pro- clamation and thanked the City for recognizing their firm. He noted that Jim Curran started the law firm in 1948 and found the Clark Springs Water source without which the City could not survive today. He expressed appreciation to Jim Curran for the values brought into the law firm and the principles of delivering service to the community and noted that the principle recognition belongs to him. Introduction of Mayor's Appointees. Mayor White introduced Monica Saalfeld who is his appointee to the Kent Saturday Market Board, and Mark Moder who was appointed to the Human Services Commission. Washington State Department of Transportation High Speed Rail Program. Jeff Schultz from the Department of Transportation, Rail Branch, showed a 15 -minute video highlighting the short and long term goals of the rail passenger program. He clarified that this program is an intercity rail passenger program which is different from the RTA proposed commuter rail program because it puts emphasis on passengers traveling through various cities. Upon Woods' question, he noted that the current agreement with Burlington -Northern does not cover Kent, but that they would be glad to assist in begin- ning a dialog between the City of Kent and Burlington -Northern. He also clarified for Woods that there are 140 air flights a day between Seattle and Portland. Schultz informed 1 July 19, 1994 PUBLIC the Council that Jan Banister has been provided COMMUNICATIONS with a generic resolution of support for this program and expressed hope that the City would adopt such a resolution. He also presented the Mayor with a limited edition of the high speed rail poster, "Futures on Track". Regional Justice Center Update. Wendy Keller, Project Manager, noted that asbestos removal is almost complete and that demolition will begin by August 12th. She explained that the court- house will have pilings driven, but the rest of the site parking structure, as well as most of detention, will be pre -loaded. She noted that in order to keep down on the total number of trucks going in and out of the site loading and unloading, they have decided to go with a three- phase pre -load. In the demolition plan, the contractor will do some excavation of the center area where the parking garage is going to be, and that as concrete is crushed and asphalt is broken up, it will be used rather than hauled off. She noted that they will then move to the north end of the site and a lot of what was preloaded in the first location can be simply rolled over onto the second location, which will help keep the costs under control. Keller noted that they are getting ready to apply for a building construction permit with the City, but first will write a letter to the SEPA Official asking for a final review and determination about their environmental docu- ments. She explained that traffic and roads are one type of mitigation, and the other type of mitigation concerns operational and social service issues. She noted that their plan was to settle these issues before a construction permit was issued. She noted that there is a meeting tomorrow night at City Hall to review the Ad -Hoc Committee report providing input on 9 different areas with regard to social service agency impacts. She noted that depending on how the City's SEPA official decides to proceed with the RJC documents, one of the processes could be to fill out a checklist, but at the end of this process the building permit still needs to be conditioned with both traffic construction and social services. She noted another way would be E July 19, 1994 PUBLIC to accept the County's environmental review COMMUNICATIONS documents and still condition the building permit. If this option were chosen, it would mean that there would be notice to people that the environmental documents have been reviewed and are being accepted. She explained that she didn't want people to think that if this option were chosen that the social service or con- struction traffic issues weren't going to be dealt with, because those conditions would be added to the permit. She noted that by August 1, they will have 65% drawings done on the RJC and much of the interior and exterior work has been done. She noted that artists have been selected to do the lighting fixtures on the north end of the building, along the parking structure and main drive into the RJC, and that they are in the process of selecting an artist to work with the security screen. She noted that they are currently working on the site selection for the East Side, Phase II and are having public hearings on the site selection process. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through R be approved, with the exception of Item Q, which was removed by the City Attorney. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 5, 1994. HEALTH & (CONSENT CALENDAR - ITEM 3P) SANITATION Dalisky Short Plat. AUTHORIZATION to accept the bill of sale and warranty agreement submitted by Barry E. Fisher for continuous maintenance and operation of 15 feet of sanitary sewer improve- ments and release of bonds after expiration of the maintenance period, as recommended by the Public Works Director. The project is located at 102nd Avenue SE between SE 208th Street and SE 212th Street. SEWER (OTHER BUSINESS - ITEM 4C) Soos Creek Franchise Ordinance - Second Reading. This date has been set for the second reading and final Council action on the Soos Creek Water & Sewer Franchise Ordinance No. 3173. City 3 July 19, 1994 SEWER Attorney Lubovich explained that this is the second reading of a franchise ordinance and that it has some different provisions from the first reading. Assistant City Attorney Brubaker explained that there have been two amendments to the Soos Creek Franchise since the first reading on July 5, 1994. He noted that the first amendment clarifies that upon completion of construction of Soos Creek's new sewer line, the City will have the exclusive use and ownership of the currently shared main. He noted that the second provision added to the ordinance provides that if Soos Creek's final design requires continued shared use of any portion of the existing sewer trunk line, Soos Creek must enter into an interlocal agreement with the City that addresses the joint -use operation maintenance of that shared portion of the line before they will be allowed to connect to it. MANN MOVED to adopt the Soos Creek Water and Sewer Franchise Ordinance No. 3173. Houser seconded and the motion carried. PUBLIC WORKS (BIDS - ITEM 5A) Lake Fenwick Hypolimnetic Aeration system. Bid opening for this project was held on June 30th with six bids received. The low bid was sub- mitted by McClure and Sons, Inc. in the amount of $169,527.76 including sales tax. The engineer's estimate was $160,265.84 including sales tax. The project consists of a hypolimnetic aeration system which involves the installation of an aerator that oxygenates the lake's deeper waters. The project will improve the fish habitat of the lake by increasing oxygen levels during the summer, which is one of the main objectives of the Lake Fenwick Restoration project. The Public Works Committee has recommended that this bid be accepted and the contract awarded to McClure and Sons. MANN MOVED that the Lake Fenwick Hypolimnetic Aeration System contract be awarded to McClure and Sons, Inc. for the bid amount of $169,527.76. Houser seconded and the motion carried. F51 July 19, 1994 PUBLIC WORKS (BIDS - ITEM 5B) upper Garrison Creek Conveyance Improvements 112th Avenue Southeast to 98th Avenue South - Phase I. Bid opening for this project was held on July 14 with five bids received. The low bid was submitted by Gary Merlino Construction in the amount of $752,922.20. The Engineer's estimate was $788,176.43. This project includes channel and drainage improvements in the Garrison Creek Basin in the vicinity of the Benson Shopping Center (104th Avenue SE & SE 240th Street). The project will relieve the flooding problem that occurs in this area during significant rainfall events. MANN MOVED that the contract for Upper Garrison Creek Conveyance Improvements Phase I be awarded to Gary Merlino Construction in the amount of $752,922.20. Houser seconded and the motion carried. STREETS (CONSENT CALENDAR - ITEM 3E) Segregation Request - Lid 320. ADOPTION of Resolution No. 1.398 authorizing the segregation of Assessment #19 in LID 320, as recommended by the Public Works Committee. The property is being subdivided into four parcels for which the assessment is to be distributed accordingly. (CONSENT CALENDAR - ITEM 3F) Segregation Request - Lid 335. ADOPTION of Resolution No. 1396 authorizing the segregation of Assessment #6 in LID 335, as recommended by the Public Works Committee. The property is being divided into two parcels for which the assessment is to be distributed accordingly. (OTHER BUSINESS - ITEM 4A) Lid 346 S 212th Street Improvements. The proposed resolution repeals Resolution No. 1393, calls for the formation of LID 346 for the installation of sidewalks, street lights and sanitary sewers along S. 212th Street from the Green River to SR 167, and sets a public hearing date for August 16, 1994. MANN MOVED to adopt Resolution No. 1395 calling for the formation of LID 346, setting a public hearing date for August 16, 1994, and repealing Resolution No. 1393. Woods seconded and the motion carried. 5 July 19, 1994 STREETS (CONSENT CALENDAR - ITEM,3Q) REMOVED FROM CONSENT CALENDAR AND PLACED UNDER OTHER BUSINESS (4D) BY CITY ATTORNEY LUBOVICH Kingsport condemnation Ordinance. An ordinance has been prepared repealing the original Kingsport Condemnation ordinance and re- establishing condemnation authority over the Kingsport Truck Distribution Center in order to obtain right-of-way for the proposed 196th St. corridor. Assistant City Attorney Brubaker explained that a previous condemnation ordinance was passed and that the ordinance before the Council tonight repeals the original condemnation ordinance, re- authorizes condemnation authority in the City over that Center, and clarifies that the value of the easement taken plus the damages to the remaining property shall be off -set by the special benefits generated by the City's pro- posed S. 196th Street Corridor project. Lubovich pointed out that the Council is being asked to adopt the substitute ordinance pre- sented to them tonight, rather than the one in the agenda packet. MANN MOVED to adopt Ordinance No. 3176. Woods seconded and the motion carried. TRANSPORTATION (CONSENT CALENDAR - ITEM 3H) Six Year Transportation Improvement Program. AUTHORIZATION to set August 2 as the public hearing date for the review and adoption of the Six Year Transportation Improvement Program, as recommended by the Public Works Committee. SURPLUS (PUBLIC HEARINGS - ITEM 2A) EQUIPMENT Surplus Water Meters and Materials. A resolu- tion has been prepared declaring water meters and materials used in the water distribution system as surplus, as recommended by the Public Works Committee, and in accordance with State law. These items have been replaced and are no longer usable within the water system. Proper legal notice of the hearing has been given. The City Attorney noted that the law requires a public hearing before disposal of surplus equipment such as this. 2 July 19, 1994 SURPLUS Mayor White opened the public hearing. There EQUIPMENT were no comments from the audience and WOODS MOVED that the hearing be closed. Johnson seconded and the motion carried. MANN MOVED to adopt Resolution No. 1394 declaring the water meters and materials used in the water distribution system as surplus. Houser seconded and the motion carried. ANNEXATION (CONSENT CALENDAR - ITEM 3D) ZONING Everson Annexation Zoning (AZ -94-1-). AUTHORIZATION to set August 2, 1994 and September 6, 1994 as public hearing dates to consider the initial zoning for the Everson Annexation area. ZONING CODE (OTHER BUSINESS - ITEM 4B) AMENDMENT Zoning Code Amendment - Bulk Retail Uses - ZCA-94-2. The proposed ordinance would amend Chapter 15.02 to provide a definition of Bulk Retail uses, add a new subsection to Chapter 15.04.170(A)(13) establishing bulk retail as a principally permitted use in the M1 zone, and add a new subsection to Chapter 15.05.040(B) regarding parking standards for commercial activities. ORR MOVED to adopt Ordinance No. 3175 amending the Zoning Code relating to Bulk Retail Use. Woods seconded and the motion carried. MUNICIPAL (CONSENT CALENDAR - ITEM 3M) COURT Probation Services Contract and Part -Time Probation Clerk. AUTHORIZATION for the Kent Municipal Court to contract with King County Probation Services, and approval of the addition of a temporary part-time probation clerk position and a budget change to provide for these costs (II. Alternate Proposal). The Kent Municipal Court requires probation services that emphasize the responsibility of the probationers to fulfill their responsi- bilities to pay fines, fees & restitution and to complete any community service or treatment requirements. 7 July 19, 1994 HUMAN RESOURCES (CONSENT CALENDAR - ITEM.3L) Unemployment Claims Contract. AUTHORIZATION for the Mayor to sign the contract with Human Resources Northwest to handle all appeals, appearances and responses to the Washington Employment Security Division resulting from unemployment claim filings. (CONSENT CALENDAR - ITEM 3N) Utility Billing - Regular Part -Time Position. AUTHORIZATION to approve a budget change for $27,331 to add a regular part-time position to the Utility Billing Division of the Finance Department, as recommended by the Operations Committee at their July 13 meeting. The cost will be allocated to the Water, Sewer, Drainage and Street Utility Funds. Two positions were lost in this section during 1992-1993; one due to elimination of a vacant position and the other due to a transfer when the Kent Municipal Court was established in January. This would add back only a regular part-time to maintain customer service. (CONSENT CALENDAR - ITEM 30) Reclassification - Administrative Assistant II. AUTHORIZATION to proceed with reclassification of the Administrative Secretary II position to an Administrative Assistant II by Civil Service, as recommended by the Operations Committee. Human Resources concurs with this request. COUNCIL (CONSENT CALENDAR - ITEM 3R) (ADDED ITEM) Council Absence. APPROVAL of an excused absence from tonight's meeting for Councilmember Bennett. PARKS & (CONSENT CALENDAR - ITEM 3G) RECREATION IAC Application. ADOPTION of Resolution No. 1397 authorizing funding assistance for wetland and upland habitat enhancement at the Green River Natural Resources Enhancement Area site, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3I) Scenic Hill Park Project Acceptance. AUTHORIZATION to accept as complete the Scenic Hill Park project and to release retainage to Golf Landscaping, Inc. upon receipt of State releases, as recommended by the Parks Committee. 1.1 July 19, 1994 PARKS & (CONSENT CALENDAR - ITEM 3J) RECREATION East Hill Park Project Acceptance. AUTHORIZATION to accept as complete the East Hill Park project and to release retainage to Golf Landscaping, Inc. upon receipt of State releases, as recommended by the Parks Committee. (CONSENT CALENDAR - ITEM 3K) Titus Railroad Park. AUTHORIZATION to accept the mural "Northbound," by Paul Cislo and to commission the artist, Paul Cislo, to paint this mural on the north side of the building at Titus Railroad Park. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through June 30, 1994 and paid on June 30, 1994 after auditing by the Operations Committee on July 13, 1994. Anuroval of checks issued for vouchers: Date Check Numbers Amount 6/16/94-6/30/94 144264-144754 $2,232,054.48 Approval of checks issued for payroll: Date Check Numbers Amount 7/5/94 Checks 195931-196325 $ 273,463.76 Advice 16248-16617 408,002.94 $ 681,466.70 APPOINTMENTS (CONSENT CALENDAR - ITEM 3C) Kent Saturday Market Advisory Board. CONFIRMATION of the Mayor's appointment of Monica Saalfeld to the Kent Saturday Market Board. Ms. Saalfeld is a Kent resident and is employed by Puget Power. She currently serves as Secretary of the Board of Directors of Puget Power Credit Union, is a member of the Board of Directors of the Kent Community Supper, and is a member of Kent Kiwanis. She will serve as an At Large/Citizen Representative on the Board and will replace Midge Sweley, who resigned. Her appointment will continue to 10/95. E July 19, 1994 REPORTS operations Committee.Johnson noted that the Operations Committee will meet next Wednesday at 9:30 a.m. EXECUTIVE At 7:45 p.m., McFall announced an executive SESSION session of approximately 30 minutes regarding pending litigation, potential litigation, and labor negotiations. ADJOURNMENT The meeting reconvened and adjourned at 8:20 p.m. Brenda Jac e , CMC City Cler 10 LKent City Council Meeting Date August 2. 1994 Category Consent Calendar 1. SUBJECT: UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS - ORDINANCE 2. SUMMARY STATEMENT: As recommended by the Planning Committee, adoption of Ordinance No. This ordinance amends Kent City Code Chapter 14.06 which currently prescribes criminal penalties and establishes procedures for appeals and abatement of violations and refers to Kent City Code Chapter 14.08 for enforcement of violations primarily through civil penalties. 3. 4 5. No 7. EXHIBITS: copy of 6/29/94 memo to the Planning Committee, ordinance and Planning Committee minutes of 7/19/94 RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember DISCUSSION: ACTION: s, Councilmember seconds Council Agenda Item No. 3C CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM June 29, 1994 MEMO TO: LEONA ORR, CHAIR, AND COUNCIL PLANNING COMMITTEE MEMBERS: TIM CLARK AND JON JOHNSON FROM: BOB HUTCHINSON, BUILDING OFFICIAL SUBJECT: DANGEROUS BUILDINGS CODE AMENDMENTS Included in your agenda are two ordinances to amend the Kent City Code Chapters 14.06 Dangerous Buildings and 14.08 Enforcement of the Buildincg Housing Mechanical and Plumbing Codes. These are proposed in order to provide the same degree of code enforcement effectiveness in dealing with dangerous buildings as currently exists with the building, housing, plumbing, mechanical and zoning codes. Kent City Code Chapter 14.06 adopts the Uniform Code for the Abatement of Dangerous Buildings by reference. The proposed ordinance removes provisions of this code which prescribe criminal penalties and which establish procedures for appeals and abatement of violations. To replace these procedures, the proposed ordinance refers to Kent City Code Chapter 1.04 for abatement of violations and enforcement primarily through civil penalties. Kent City Code Chapter 14.08 establishes a consistent mechanism and authority for enforcement of the building, housing, plumbing and mechanical codes which refers to and supplements Chapter 1.04. The proposed ordinance extends this mechanism and authority to include the Uniform Code for the Abatement of Dangerous Buildings. As a matter of housekeeping, it also extends this process to specifically include the Washington State Energy and Air Quality Codes. This standardizes processes and procedures for enforcement of this group of related codes. It is anticipated that the proposed changes will strengthen, streamline and improve the City's ability to deal effectively with dangerous buildings through a uniform process consistent with our overall code enforcement program. Staff recommends that both ordinances be adopted. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 14.06 of the Kent City Code entitled "Dangerous Buildings" relating to enforcement and abatement. WHEREAS, the Kent City Council has adopted Chapter 1.04 of the Kent City Code relating to enforcement and abatement of violations of certain City codes; and WHEREAS, the purpose of enacting the provisions of Chapter 1.04 were to establish a uniform system of code enforcement; and WHEREAS, amending the Uniform Code for the Abatement of Dangerous Buildings as adopted pursuant to Chapter 14.06 of the Kent City Code to allow for enforcement of said code under Chapter 1.04 will assist in the furtherance of this objective; NOW, THEREFORE, .gam aw"wr THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 14.06.010 of the Kent City Code is hereby amended to read as follows: Sec. 14.06.010. Uniform Code for the abatement of dangerous buildings adopted. - There is hereby adopted by reference, the Uniform Code for the abatement of Dangerous Buildings 1991 Edition, as published by the International Conference of Building Officials except as amended pursuant to this Chanter, 14.06. One (1) copy is on file in the city clerk's office. fRisdefaeaner fi'reree fshallLi9e r L... b l l fine F F hundred a l lars 4hSG n n n\ e -r ley p -- nt— or Section 2. There is hereby added a new section, 14.06.020 to Chapter 14.06 of the Kent City Code as follows: Sec. 14.06.020. Amendments. The following amendments to the Uniform Code for the Abatement of Dangerous Buildings adopted in section 14.06.010 are hereby adopted. 0 A. Section 202 of this code is hereby amended to read as follows: Sec. 202. All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the preee4ttro�in Seetien 4G! �:�: eE this eerie provisions of Section 14.06.030(A) below. B. Section 205 of chapter 2 and chapters 4, 5, 6, 7, 8, and 9 of the Uniform Code for the Abatement of Dangerous Buildings 1991 Edition are hereby repealed. C. Section 301 of this code is hereby amended to read as follows: Sec. 301. For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. 3 BUILDING CODE is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. ENDANGERED as used in Section 302 means negatively affected to any degree by any and all conditions actions or omissions which singularly or together, reduce or are -likely to reduce or negatively impact the life or limb health, property or safety of the public including but not limited to economy in the provision of public services general welfare, economic viability, or security in the enjoyment of the community. HEALTH OFFICER as used in the Uniform Code for the Abatement of Dangerous Buildings shall mean the building official or his or her designee. HOUSING CODE is the Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. Section 3. There is hereby added a new section, 14.06.030, to Chapter 14.06 of the Kent City Code as follows: Sec 14.06.030. Violation• enforcement. A. Any violation of any provision of this chapter shall be enforced pursuant to Kent City Code Chapter 14.08. 4 Section 4. 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 5. 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 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY A 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. BRENDA JACOBER, CITY CLERK dangbld.ord (SEAL) CITY OF �� ZS J CITY COUNCIL PLANNING COMMITTEE July 19, 1994 4:00 PM Committee Members Present Leona Orr, Chair Jon Johnson Tim Clark Planning Staff Jim Harris Margaret Porter Bob Hutchinson City Attorney'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, 1994 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 14.06 which prescribes criminal penalties and establishes procedures for appeals and abatement of violations and replaces these procedures and refers to Kent City Code Chapter 1.04 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, 1994. 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 Kent City Council Meeting Date August 2 1994 Category Consent Calendar 1. SUBJECT: ENFORCEMENT OF BUILDING CODES - ORDINANCE 2. SUMMARY STATEMENT: As recommended by the Planning Committee, adoption of Ordinance No. , amending Chapter 14.08 of Kent City Code. This ordinance 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. This ordinance standardizes procedures for this group of related codes and provides for enforcement and abatement pursuant to Chapter 1.04. 3. EXHIBITS: COPY of 6/29/94 memo to the Planning Committee, ordinance, and Planning Committee minutes of 7/19/94 4. RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc.) 5 MR 7 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember, DISCUSSION: ACTION: econds Council Agenda Item No. 3D CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM June 29, 1994 MEMO TO: LEONA ORR, CHAIR, AND COUNCIL PLANNING COMMITTEE MEMBERS: TIM CLARK AND JON JOHNSON FROM: BOB HUTCHINSON, BUILDING OFFICIAL SUBJECT: DANGEROUS BUILDINGS CODE AMENDMENTS Included in your agenda are two ordinances to amend the Kent City Code Chapters 14.06 Dangerous Buildings and 14.08 Enforcement of the Building Housing Mechanical and Plumbing Codes. These are proposed in order to provide the same degree of code enforcement effectiveness in dealing with dangerous buildings as currently exists with the building, housing, plumbing, mechanical and zoning codes. Kent City Code Chapter 14.06 adopts the Uniform Code for the Abatement of Dangerous Buildings by reference. The proposed ordinance removes provisions of this code which prescribe criminal penalties and which establish procedures for appeals and abatement of violations. To replace these procedures, the proposed ordinance refers to Kent City Code Chapter 1.04 for abatement of violations and enforcement primarily through civil penalties. Kent City Code Chapter 14.08 establishes a consistent mechanism and authority for enforcement of the building, housing, plumbing and mechanical codes which refers to and supplements Chapter 1.04. The proposed ordinance extends this mechanism and authority to include the Uniform Code for the Abatement of Dangerous Buildings. As a matter of housekeeping, it also extends this process to specifically include the Washington State Energy and Air Quality Codes. This standardizes processes and procedures for enforcement of this group of related codes. It is anticipated that the proposed changes will strengthen, streamline and improve the City's ability to deal effectively with dangerous buildings through a uniform process consistent with our overall code enforcement program. Staff recommends that both ordinances be adopted. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 14.08 relating to Enforcement of the Building, Housing, Mechanical and Plumbing Codes by adding the Uniform Code for the Abatement of Dangerous Buildings, the Washington State Energy Code, and the Washington State Ventilation and Indoor Air Quality Code to the enforcement provisions of this chapter. WHEREAS, Chapter 14.08 of the Kent City Code relates to the enforcement of the building, housing, mechanical and plumbing codes as adopted pursuant to Title 14; and WHEREAS, pursuant to Chapter 14.08, enforcement of these codes is through the procedures outlined in Chapter 1.04 of the Kent City Code relating to enforcement and abatement of certain City codes; and WHEREAS, amending Chapter 14.08 to add the Uniform Code for the Abatement of Dangerous Buildings, the Washington State Energy Code, and the Washington State Ventilation and Indoor Air Quality Code to the other related building codes enforced pursuant to Chapter 1.04 will further the objective of having a uniform procedure for the enforcement of City codes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Kent City Code Chapter 14.08 entitled "Enforcement of the Building, Housing, Mechanical and Plumbing Codes " is hereby amended to read as follows: CHAPTER 14.08. ENFORCEMENT OF THE BUILDING, r ^ STNG, TRn nTTT TTT^RL CODES Sec. 14.08.44020. 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: A. Building codes as used in this chapter shall mean and include the Uniform Building Code the Uniform Mechanical Code, PA the Uniform Plumbing Code the Uniform Housing Code the Uniform Code for the Abatement of Dangerous Buildings the Washington State Energy Code and the Washington State Ventilation and Indoor Air Quality Code• as now or hereinafter adopted amended and/or supplemented pursuant to Title 14 of the Kent City Code (KCC) the Revised Code of Washington and/or the Washington Administrative Code . B. Building official means the building official of the city and/or the building official's duly authorized representative. C. Premises means a plot of ground, whether occupied by a structure or not. Sec. 14.08.040. Administration and enforcement. A. It shall be the duty of the building official to enforce the building, codes in the manner generally described in each of the respective building codes, and as more particularly described in this chapter. The building official may call upon the police, fire or other appropriate city department to assist in enforcement. B. It is the intent of this chapter to place the obligation of complying with the api'__eah_e cede requirements of the building codes upon the owner, occupier or other person responsible for the condition of the buildings, structures, 9 dwelling units or premises within the scope of the building appjjeab-fie codes. C. In case of conflict between the provisions of the building codes and of this chapter, the provisions of this chapter shall be controlling. Sec. 14.08.060. Investigation and notice of violation. A. The building official or his representative shall investigate any building, structure, dwelling unit or premises which the building official reasonably believes does not comply with the standards and requirements of the building—,-heti=z �� ffleehianieal er--pj--,�s codes. B. If, after investigation, the building official determines that the standards or requirements of the building codes have been violated, the building official may seek compliance and serve a notice of violation on the owner, tenant, or other person responsible for the condition and/or otherwise enforce pursuant to this chapter and section 14.08.240 below. If a notice of violation is directed to a tenant or other person responsible for the violation, a copy of the notice shall be sent to the owner of the property. Sec. 14.08.080. Reserved. 9 Sec. 14.08.100. Stop work order. The building official may issue a stop work order pursuant to the provisions of as a L-ibe i -n the Uniform Building Code or any applicable building code or may issue such order whenever a continuing violation of any of the building codes the Bede will materially impair the building official's ability to secure compliance, or when a continuing violation threatens the health or safety of the public. Sec. 14.08.120. Emergency order. A. Whenever any building, dwelling unit and/or premises which violates the building }-reable codes threatens the health and safety of the occupants of the building, dwelling unit, premises or any member of the public, the building official may issue an emergency order requiring that the building, dwelling unit and/or premises be restored to a condition of safety, and specify the time set for compliance. In the alternative, the order may require that the building, dwelling unit and/or premises be immediately vacated and closed to entry. B. The emergency order shall be posted on the building, dwelling unit and/or premises and shall be mailed by regular, first class mail to the last known address of the owners, and if applicable, to the occupants. C. Any building, dwelling unit and/or premises subject to an emergency order which is not repaired within the time 5 specified in the order is hereby found and declared to be a public nuisance, which the building official is authorized to abate by such means and with such assistance as may be available to him, and the costs thereof shall be recovered by the building official in the manner provided by law. Sec. 14.08.140. Reserved. Sec. 14.08.160. Extension of compliance date. A. The building official may grant an extension of time for compliance with any notice or order whether pending or final, upon finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. B. An extension of time may be revoked by the building official if it is shown that the conditions at the time the extension was granted have changed, if the building official determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date. Sec. 14.08.180. Reserved. 0 Sec. 14.08.200. Violations. A. It shall be unlawful to fail to comply with a notice of violation, final order or stop work order issued pursuant to this chapter or the applicable code. B. It shall be unlawful to remove or deface any sign, notice, complaint or order required by or posted by the building official in accordance with his enforcement duties under the applicable code and this chapter. c. It shall be unlawful for any person to obstruct, impede or interfere with any lawful attempt to correct a violation or comply with any notice of violation, final order, emergency order or stop work order. D. It shall be unlawful for any person to fail to comply with an emergency order issued by the building official requiring that the building, dwelling unit and/or premises be restored to a condition of safety by a specified time. E. It shall be unlawful for any person to use or occupy, or to cause or permit any person to use or occupy the building, dwelling unit and/or premises after the date provided in an emergency order requiring the building, dwelling unit and/or premises to be vacated and closed, until the building official certifies that the conditions described in the emergency order have been corrected and the building, dwelling unit and/or premises have been restored to a safe condition. 7 Sec. 14.08.140. Reserved. Sec. 14.08.240. Violation; penalty. A. Civil. Any violation of any provision of a building code enforced under this chapter constitutes a civil violation under Kent City Code chapter 1.04 for which a monetary penalty may be assessed and abatement may be required and/or otherwise enforced as provided therein. B. Criminal. In addition or as an alternative to any other penalty provided in this chapter or by law, any person violating the following provisions shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with the provisions of section 1.01.140 relating to criminal penalties for misdemeanors- for: 1. Violations of section 14.08.200 B.; 2. Violations of section 14.08.200 D. and E., where the person has had a civil judgment under section 14.08.220 [subsection A. of this section] or any of its predecessors rendered against him during the last five (5) years; 3. Fer Aany pattern of wilful, intentional, or bad faith or refusal to comply with the standards or requirements of the building codes ; 4. Fer Aany other violation of the building,—heu—s codes for which corrective action is not possible. M. C. Each day that anyone shall continue to violate or fail to comply with any of the foregoing provisions shall be considered a separate offense. Sec. 14.08.260. Additional relief. The building official may seek legal or equitable relief to enjoin any acts and practices and abate any condition which constitutes or will constitute a violation of the building, heus4mng, ffleehan ca e" p' umb y codes when civil or criminal penalties are inadequate to effect compliance. Nothing in this chapter shall be deemed to limit or preclude any other action or proceeding relating to the enforcement of the building codes 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. FJ 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 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of APPROVED day of PUBLISHED day of 10 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. bldgcode.ord BRENDA JACOBER, CITY CLERK 11 (SEAL) 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 CITY OF) 0,1 IT CITY COUNCIL PLANNING COMMITTEE July 19, 1994 4:00 PM Committee Members Present Leona Orr, Chair Jon Johnson Tim Clark Planning Staff Jim Harris Margaret Porter Bob Hutchinson City Attorney'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, 1994 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 14.06 which prescribes criminal penalties and establishes procedures for appeals and abatement of violations and replaces these procedures and refers to Kent City Code Chapter 1.04 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, 1994. Motion carried. i Kent City Council Meeting Date August 2, 1994 Category Consent Calendar 1. SUBJECT: ENFORCEMENT OF FIRE CODE - ORDINANCE 2. SUMMARY STATEMENT: As recommended by the Public Safety Committee, adoption of Ordinance No. amending Chapter 13.14 of the Kent City Code to provide for enforce- ment of violations of the fire code through Chapter 1.04 which provides for enforcement and abatement of code violations. 3. EXHIBITS: proposed ordinance 4. RECOMMENDED BY: Public Safety Committee — (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: seconds Council Agenda Item No. 3E ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 13.14 relating to enforcement of the fire code, providing civil penalties and abatement procedures. WHEREAS, the Kent City Council has adopted Chapter 1.04 of the Kent City Code relating to enforcement and abatement of violations of certain City codes; and WHEREAS, the purpose of enacting the provisions of Chapter 1.04 was to establish a uniform system of code enforcement; and WHEREAS, amending Chapter 13.14 of the Kent City,Code to provide for enforcement of violations of the fire code through Chapter 1.04 will assist in the furtherance of this objective; NOW, THEREFORE, cvll/� MA�� THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Kent City Code Chapter 13.14 entitled "Enforcement" is hereby amended to read as follows: CHAPTER 13.14. ENFORCEMENT Sec. 13.14.4-2-8 010. Scope. This chapter shall govern enforcement actions conducted by the fire chief pursuant to this title wlaa :eh ineli des of the fire codes adopted in seen Title 139 --tea as defined in Section 13.14.020 below. Sec. 13.14.020. Definitions. A. "Fire chief" as used in this chapter shall mean the fire chief of the City of Kent or his or her designee. B. "Fire codes" as used in this chapter shall mean and include the Uniform Fire Code as set forth in section 13.02.010 of the Kent City Code (KCC). Chapter 13.03 KCC entitled "Fire Suppression Systems" and Chapter 13.04 KCC entitled "Fire Hydrants": as now or hereinafter adopted, amended and/or su-pplemented Y)ursuant to Title 13 of the Kent City Code, the Revised Code of Washington, and/or the Washincrton Administrative Code. Fa Sec. 13.14.040. Administration and enforcement. A. It shall be the duty of the fire chief to enforce the fire codes tl=iis title in the manner generally described in each of the respective fire codes, _en i3.G2.G!9 and as more particularly described in this chapter. All enforcement of the fire codes shall only be performed by the fire chief or with his/her concurrence. The fire chief may call upon the police or other appropriate city department to assist in enforcement. B. It is the intent of this chapter to place the obligation of complying with the requirements of the fire codes upon the owner, occupier or other person responsible for the condition of the buildings, structures, dwelling units or premises within the scope of this title. C. In case of conflict between the provisions of enfereement preee4ures in the fire codes and of this chapter, the provisions of this chapter shall be controlling. Sec. 13.14.060. Investigation and notice of violation. A. The fire chief or his representative shall investigate any building, structure, dwelling unit or premises which the fire chief reasonably believes does not comply with the standards and requirements of the fire codes mottle. B. If, after investigation, the fire chief determines that the ee6e standards or requirements of the fire codes have been violated, the fire chief i may seek compliance and serve a 191 notice of violation on the owner, tenant, or other person responsible for the condition and/or otherwise enforce pursuant to this chapter and Section 13 14 240 below. If a notice of violation is directed to a tenant or other person responsible for the violation, a copy of the notice shall also be sent to the owner of the property. E., b mt. +- �—v�-^J �-a tr5i3 9�aiz—"moi-c'rc N z ien, 4:fany,N r atanaa -d s 9�El 9 ria l! set , btifneF Fe r—cixrs--c--t-i -c-�r�rr�Te�-t3-� in ,a ,a B. mle netiee nt shall � he served apviTtheether persen r ems' 9'754:ble fer tl:�eeenelit�-anof t1ae l �o rrsr-serviee, regI tsterea --�--c1-ze l r3t-kxzovon aeld 'ess e -Stf�e5`:sen After --a---rcu senalele lgle ef=erts are maele Cel I if tl=ie whe-raeaiaeuts efw tlzte pe 9ent�ewr et t - r' ' r U o Y i,. e e h s. to v rL ti F F , twe (2) eenseeidtive weeks 4:n tae 1 z F ti 3ti-eeinvelveelr Baca a in t,,e — -lae netice is net in accte n 2. 2GS L. T wferRi r N ti ae r reaFfft n r the —TSgcate-Rent of _ _ n,. l ai 7 a ,7 r in t . ,, afesidential ai nenL;a +-i , , the L, ' L,y Ferms alL-ee p i 1.. t ti4- -e mat= i e 33 3 La. a t y j _ ii. A netice ;may be zamei-4ed at any t -Re in 2. k•_� wm W , , ting - F l -. t.. 2 +- r r l -. L.: , F a a i- rt t f,, ..c mi..ype Q�'eE' e.:a _ v. v.1 9� a netiee 2 Y funds k•_� wm r l -. L.: , F r l Preef Y funds i L lending y L L rem fdnds an estalq!�-slaed te eeffiplete L rr L' - - fer ^,i eefflL , L veer-reetive.., .� 4 . preregatives L at e dan t final_r eE eleebiens, exeepL titat a is a a l. t=--a r.. i L.. 4E�-r Sec. 13.14.100. Stop use order. The fire chief may issue a stop use order pursuant to the provisions of as a L-` d =' section 2.205 of the Uniform Fire Code, or may issue such order whenever a continuing violation of any of the fire codes e will materially impair the fire chief's ability to secure compliance or when a continuing violation threatens the health or safety of the public. Sec. 13.14.120. Emergency order. A. Whenever any building, use, dwelling unit and/or premises which violates the fire codes title -13 threatens the health and safety of the occupants of the building, dwelling unit, premises or any member of the public, the fire chief may issue an emergency order requiring that the building, dwelling 7 unit and/or premises be restored to a condition of safety, and specify the time set for compliance. In the alternative, the order may require that the building, dwelling unit and/or premises be immediately vacated and closed to entry. B. The emergency order shall be posted on the building, dwelling unit and/or premises and shall be mailed by regular, first class mail to the last known address of the owners, and if applicable, to the occupants. C. Any building, dwelling unit and/or premises subject to an emergency order which is not repaired within the time specified in the order is hereby found and declared to be a public nuisance, which the fire chief is authorized to abate by such means and with such assistance as may be available to him, and the costs thereof shall be recovered by the fire chief in the manner provided by law. M. irrsrceen�r F l j9y regttes-t�ng sueh� ifevv4too last vv c d F i. aSe a€ of the netiee. When the r 1 i"�--drecrii� .r.. �,a . F L request, � �- L camte �ttest er�3rr-5 r�:aae-ems i e F L� hnetj:eee F M. b elatien and the cempainant, pia e set ze2c cherebxewv wh4:eh shams he net less ` a€teLc the regidest e--eeeive6. Thie L � e ease—e�seee e� review, _ ` L wi-ytten to _ ' t _ 4: r L 1 tl eensist eE at, _. _ t'� e eniLei-eement 4visiene flees A--r-epresents�-:zFr of the L__ L L L -�� , _ _r .� r:,a 'fieri aL : e __easens -e�f the L ire 44:ef I s issuance of the i n• f e rm a k -i ren p a by `-i^ie5feview, the fire - . _ 2. rtite net=iee ef 3. Gent -:nue " ..r L L an extefis4men L .... G L 4ee�se=en with4:n eeloran---` War3�nq days e€ the elate of cue Sec. 13.14.160. Extension of compliance date. A. The fire chief may grant an extension of time for compliance with any notice or order whether pending or final, upon finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. B. An extension of time may be revoked by the fire chief if it is shown that the conditions at the time the extension was granted have changed, if the fire chief determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date. Se , G Tppee 19"erier T l F F _ eourt. -. , ... a `. 1.. t. L' :ssueela , tit, ----- t„e first - J ' r elass to � , a t, Y t, e ,,.1_ '- Nn a i h l �� v`z- ��-eii Fr _ lz fiiae elaief-is the deeisien t .. . L Sec. 13.14.160. Extension of compliance date. A. The fire chief may grant an extension of time for compliance with any notice or order whether pending or final, upon finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. B. An extension of time may be revoked by the fire chief if it is shown that the conditions at the time the extension was granted have changed, if the fire chief determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date. Se , G Tppee 19"erier T l F F _ eourt. -. , ... a `. 1.. t. L' :ssueela _' ef here eeuir- w4:�zhr'n (39) days e€ -ssttanee stieh--eider 10 w�i��vi;�iais��i�� s��ia�a.�aa�s �.�•�v�a _as.v�e�.�:it i�a�� .�.��.�� Sec. 13.14.200. Violations. A. It shall be unlawful to fail to comply with a notice of violation, final order, stop use order or condemnation tag issued pursuant to this title. B. It shall be unlawful to remove or deface any sign, notice, complaint or order required by or posted by the fire chief in accordance with his enforcement duties under this title. C. It shall be unlawful for any person to obstruct, impede or interfere with any lawful attempt to correct a violation or comply with any notice of violation, final order, stop use order or condemnation tag. D. It shall be unlawful for any person to fail to comply with an emergency order issued by the fire chief requiring that the building, dwelling unit and/or premises be restored to a condition of safety by a specified time. E. It shall be unlawful for any person to use or occupy, or to cause or permit any person to use or occupy the building, dwelling unit and/or premises after the date provided in an emergency order requiring the building, dwelling unit and/or premises to be vacated and closed, until the fire chief certifies that the conditions described in the emergency order have been 11 corrected and the building, dwelling unit and/or premises have been restored to a safe condition. See. 13.14.220. Givil penalty— �:n the hundred eumulati:,o e—penalt—y ($39G.GG)—pejfl day few ameunt —each of three f!rlemzho derlare idntis—tire v�elatien elate set€er eemplianee e -rd .._ oma— eeweetsegs a2ce Riade as EleseriIsco—in the _. G The fire shall Belleet t_ The 1. That- the -4 caused Jva-€ulaet, v�elaatien g4:ving L -se te the atetion was 2. e That er negl et, ei- abuse er—anether, er t l ee�eet4:en 4-ie—ne of i tire v4:elatr Fz-19ttt mem y ripen re ee�pt e€ t ee t he L-ee thaer te tweeesnary-4Rater�als laberieeab er 14:ty to gain aeeess 12 Sec. 13.14.240. Violation-penaltv. A. civil. Any violation of any provis on of this chapter constitutes a civil violation under Kent Citv Code Chapter 1.04 for which a monetary penalty may be assessed and abatement may be required and/or otherwise enforced as provided therein_ B. Criminal. In addition or as an alternative to anv other penalty provided in this chapter or by law, Aany person violating the following provisions shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of section 1.01.140 relating to criminal penalties for misdemeanors- for: 1. Violations of section 13.14.200 B.; 2. violations of section 13.14.200 D. and E. where the person has had a civil judgment under section 13.14.220 or any of its predecessors rendered against him during the last five (5) years; 3. Few Aany pattern or wilful, intentional, or bad faith or refusal to comply with the standards or requirements of the fire codes th-- chapter; 4. Feer Aany other violation of the fire codes for which corrective action is not possible. 13 3. Each day that anyone shall continue to violate or fail to comply with any of the foregoing provisions shall be considered a separate offense. Sec. 13.14.260. Additional relief. The fire chief may seek legal or equitable relief to enjoin any acts and practices and abate any condition which constitutes or will constitute a violation of the fire codes when civil or criminal penalties are inadequate to effect compliance. Nothing in this chapter shall be deemed to limit or preclude any other action or proceeding relating to the enforcement of the fire codes - t-- _. _ . 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. 14 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 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED APPROVED day of day of PUBLISHED day of 15 1994. =WD= 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. enforce.ord BRENDA JACOBER, CITY CLERK 16 (SEAL) 1. SUBJECT: PAWNBROKERS - ORDINANCE ?/1 Kent City Council Meeting Date August 2, 1994 Category Consent Calendar 2. SUMMARY STATEMENT: As recommended by the Public Safety Committee, adoption of Ordinance No. amending Chapter 5.05 entitled "Pawnbrokers" to bring its provisions into compliance with state law. 3. EXHIBITS: proposed ordinance 4. RECOMMENDED BY: Public SafetV Committee (Committee, Staff, Examiner, Commission, etc.) Fop M W UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 5.05 entitled "Pawnbrokers" to bring the provisions of said chapter into compliance with state law. WHEREAS, Chapter 46.90 of the Revised Code of Washington (RCW) regulates the operation of pawnbrokers within the state of Washington; and WHEREAS, Chapter 5.05 of the Kent City Code (KCC) was enacted to regulate the operation of pawnbrokers within the City of Kent; and WHEREAS, Chapter 46.90 RCW was amended by Laws 1991, Chapter 323 and Chapter 355, resulting in inconsistencies with Chapter 5.05 KCC; and WHEREAS, Chapter 5.05 KCC should be amended to bring its provisions into compliance with those of state law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Kent city Code Chapter 5.05 entitled "Pawnbrokers" is hereby amended to read as follows: CHAPTER 5.05. PAWNBROKERS Sec. 5.05.010. 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: A. Melted metals means metals derived from junk metal or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been processed. B. Metal junk means any metal that has previously been milled, shaped, stamped, or forged and that is no longer useful in its original form, except precious metals. C. Nonmetal junk means any nonmetal, commonly discarded item that is worn out, or has outlasted its usefulness as intended in its original form except nonmetal junk does not 2 include an item made in a former period which has enhanced value because of its age. D. Pawnbroker means every person engaged, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property. E. Precious metals means gold, silver, and platinum. F. Secondhand dealer means every person engaged, in whole or in part, in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, secondhand property including metal junk, melted metals, precious metals, whether or not the person maintains a fixed place of business within the state. Second-hand dealer also includes persons or entities conducting business at flea markets or swap meets more than three times per year. G.. Secondhand property means any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used books. and clothing of a resale value of seventy-five dollars ($75.00) or less,, except furs. 3 H. Term of the loan as defined in this chapter shall property by be set for a period of thirty (30) days to include the date of the loan. I. Transaction means a pledge, or the purchase of, or consignment of or the trade of any item of personal property by a pawnbroker or second-hand seeendhan4 dealer from a member of the general public. Sec. 5.05.020. Fixed place of business. No person may operate as a pawnbroker unless the person maintains a fixed place of business within the city. Sec. 5.05.030. Records of transactions. A. Every pawnbroker and second-han seeen4han dealer doing business in the city shall maintain wherever that business is conducted a record in which shall be legibly written in the English language, at the time of each transaction the following information: 1. The signature of the person with whom the transaction is made; 2. The date of the transaction; 3. The name of the person or employee or the identification number of the person or employee conducting the transaction as required by the chief of police; 4 4. The name, date of birth, sex, height, weight, race and address and telephone number of the person with whom the transaction is made; S. A complete description of the property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engravings, size, patterns, and color or stone or stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle or shotgun; 6. The price paid or the amount loaned; 7. The type and identifying number of identification used by the person with whom the transaction was -ia made, which shall consist of a valid driver's license or identification card issued by any state or two -f2+ pieces of identification issued by a governmental agency, one 4-1+ of which shall be descriptive of the person identified At all times onepiece of current government issued picture identification will be r auired; and 8. The nature of the transaction, a number identifying the transaction, the store identification as designated by the applicable law enforcement agency or the name and address of the business and the name of the person or emrlovee conducting the transaction, and the location of the property. B. This record shall at all times, during the ordinary hours of business or at reasonable times if ordinary hours of 6 business are not kept, be open to the inspection of any commissioned law enforcement officer of the city, state or any of its political subdivisions, and shall be maintained wherever that business is conducted for three (3) years following the date of the transaction. Sec. 5.05.040. Report to chief of police. A. Upon request, every pawnbroker and second-hand seeendha dealer doing business in the city shall furnish or mail within twenty-four (24) hours to the chief of police en sue� F as are i7 �� : F, a full, true and correct 1 transcript of the record of all transactions conducted on the preceding day within the city. These transactions shall be recorded on such forms as may be provided and in such format as may be reQuired by the chief of police This information may be transmitted electronically by facsimile transmission or by modem or similar device or by delivery of computer disk subject to the requirements of and approval by the chief of police. B. If a pawnbroker or second-hand dealer has good cause to believe that any property in his possession has been previously lost or stolen, the pawnbroker or second-hand seeendh dealer shall promptly report that fact to the chief of police together with the name of the owner, if known, and the date when, and the name of the person from whom7 it was received. 0 Sec. 5.05.050. Notification of stolen property. Following notification from a law enforcement agency that an item of property has been reported as stolen, the pawnbroker or second-hand seeendhan4 dealer shall hold that property intact and safe from alteration, damage or commingling. The pawnbroker or second-handseeendiian dealer shall place an identifying tag or other suitable identification on property so held. Property held shall not be released for one hundred twenty (120) days from the date of police notification unless released by written consent of the applicable law enforcement agency or by order of a court of competent jurisdiction. In cases where the applicable law enforcement agency has placed a verbal hold on an item that agency must then give written notice within ten (10) business days If such written notice is not received within that period of time then the hold order will cease. The pawnbroker or second-hand seeen4hand dealer shall give a twenty (20) da X to (19)-dates-'- written notice before the expiration of the one hundred twenty (120) day hundred a t•vent • holding Period to the applicable law enforcement agency about the stolen property. If notice is not given within the required twenty en day period, then the hold on the property shall continue for an additional one hundred twenty (120) days. The applicable law enforcement agency may renew the holding period for additional one hundred twenty-(120) dayene iiidndred `went" "'ay Periods as necessary. After the receipt of notification from a pawnbroker or second - 7 hand dealer if an additional holding period is reauired, the ap licable law enforcement aaencv shall give the pawnbroker or second-hand dealer written notice prior to the expiration of the existing hold order. A law enforcement agencv shall not place on hold any item of Personal property unless that aaencv reasonably suspects that the item of personal property is a lost or stolen item. Any hold that is placed on an item will be removed as soon s nracticable after the item on hold is determined not to be stolen or lost. Sec. 5.05.060. Retention of pawned property; inspection. Property bought or received in pledge by any pawnbroker shall not be removed from that place of business, except when redeemed by or returned to the owner within thirty (30L ` fbeen (1:5) days after receipt of the property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the city, state or any of its political subdivisions. Sec. 5.05.070. Retention of consigned property; inspection. A. Property bought or received on consignment by a second- hand dealer with a permanent place of business in the city state shall not be removed from that place of business, except consigned property returned to the owner within thirty 30 fifteen "S` days after the receipt of the property. 0 Property shall, at all times during the ordinary hours of business, be open to inspection to any commissioned law enforcement officer of the city, state or any of its political subdivisions. B. Property bought or received on consignment by a second- hand seenava dealer without a permanent place of business in the city, shall be held within the city, except consigned property returned to the owner, for thirty (30)Fifteen (iS) days after receipt of the property. The property shall be available for inspection at reasonable times by any commissioned law enforcement officer of the city, state or any of its political subdivisions. Sec. 5.05.080. Rates of interest and other fees. A. All pawnbrokers are authorized to charge and receive interest and other fees at the rates in this section for money loaned on the security of personal property actually received in pledge. The interest shall not exceed: 1. For an amount loaned up to 59-2-9 - interest at $1.00 for each thirty day period to include the loan date. 2. For an amount loaned from $10.00 to $12-99 - interest at the rate of $1.25 for each thirty -day period to include the loan date. 9 3. For an amount loaned from $20.00 to 824.99 - interest at the rate of $1.50 for each thirty -day period to include the loan date. 4. For an amount loaned from $25.00 to 834.92 - interest at the rate of $1.75 for each thirty -day period_to include the loan date. 5. For an amount loaned from $35-00 to 539.99 - interest at the rate of $2.00 for each thirty -day period to include the loan date. 6. For an amount loaned from $40.00 to $49.99 - interest at the rate of $2.25 for each thirty -day period to include the loan date. 7. For an amount loaned from $50.00 to $59.99 - interest at the rate of $2.50 or each thirty -day period to include the loan date. 8. For an amount loaned from $60.00 to S69.29 - interest at the rate of $2.75 or each thirty -day period to include the loan date. 9. For an amount loaned from S70.00 to S79.99 - interest at the rate of $3.00 or each thirty -day period t4 include the loan date. 10. For the amount loaned from $80.00 to $82.99 - interest at the rate of $3.25 for each thirty -day period to include the loan date. 10 ii. For the amount loaned from $90.00 to $99.99 - interest at the rate of $3.50 for each thirty -day period to include the loan date. 12. For the amount loaned from $100-00 or more - interest at the rate of three percent for each thirty -day period to include the loan date. 11 nG ) €er an affieunt , eel I. Gne dellar i mer mentla rfRenth r - r J Y ejel 1 .7 ninety nine_eents m ($39-99) _ L t nG) _,_r ReI enbh fe Te m� -we elellars (Y', r nine eents • J i l lars r ftoents ($' rn) fnenthEleF v 4 l l ars and n-ine-ly e anEja nine _eents mhree L$, n n n n\ _ n n \ _ L. f } S . dellars a \Y l 1ars /F, n1 nn\ U __.. ,aa reffi leaned, ene J mLiree / 7 \pereent fer anaffieunt leaneel 6 t.. a��a a t el oar==t-sr�z per Faenth le�,�a \ / r Y n n \ - faere. 11 B. The fee for preparation of documents, pledges, or reports required under the laws of the United States, the state, King County or the city shall not exceed: 1. For the amount loaned up to $4 99 - the sum Off S.50. 2. For the amount loaned from $5 .00 to $9-00 - the sum of $2.00; 3. For the amount loaned from $10..00 to $14.j2__:- the sum of $3.00; 4. For the amount loaned from L5-00 to 519-92 - the sum of $3.50; 5. For the amount loaned from $20.00 to $24.99 - the sum of $4.00: 6. For the amount loaned from $25-00 to $22.99 - the sum of $4.50; 7. For the amount loaned from 530,00 to $34.99 - the sum of $5.00; 8. For the amount loaned from $35.00 to S39-99 - the sum of $5.50; 9. For the amount loaned from 840,00 to $44-99 - the sum of $6.00; 10. For the amount loaned from 845,00 to $42.99 - the sum of S6.50; 11. For the amount loaned from $50.00 to 854 99 - the sum of 57.00; 12 12. For the amount loaned from $55.00 to $59.29-- the slim of 57.50; 13. For the amount loaned from $6Q.00 to $64.99 - the sum of S8.00; 14. For the amount loaned from $65.00 to 569 99 - the sum of 58.50; 15. For the amount loaned from $70.00 to 874.29 - the sum of $9.00; 16. For the amount loaned from $75.00 to $79.99 - the sum of 59.50; 17. For the amount loaned from $80.00 to $84.29 -.the sum of 510.00; 18. For the amount loaned from $85.00 to $89-29 - the sum of $10.50; 19. For the amount loaned from 590.00 to $94.99 - the sum of $11.00; 20. For the amount loaned from $95.00 to $29.99 - the sum of 511.50; 21. For the amount loaned from 5100.00 to 5104.99 - the Giem of $12-00; 22. For the amount loaned from 5105.00 to $102-22-- the 109.99- rhe sum of $12.25; 23. For the amount loaned from $110.00 to 8114.29 - the sum of S12.75; 13 24. For the amount loaned from $115.00 to $119.99 - the sum of $13.25; 25. For the amount loaned from $12.0.00 to $124.99 - the sum of $13.50; 26. For the amount loaned from $125-00 to $129.99 - the sum of $13.75; 27. For the amount loaned from $130.00 to $149.99 - the sum of $14.50; 28. For the amount loaned from $150.00 to $174.99 - the sum of $14.75; 29. For the amount loaned from $175.00 to $199.99 - the sum of $15.00; 30. For the amount loaned from $200.00 to $224.99 - the sum of $16.00; 31. For the amount loaned from $225.00 to $249.99 - the sum of $17.00; 32. For the amount loaned from S250.00 to $274.99 the sum of $18.00; 33. For the amount loaned from $275.00 to $299.99 - the sum of $19.00; 34. For the amount loaned from 8300.00 to $324.99 - the sum of $20.00; 35. For the amount loaned from $325-00 to $349.99 - the sum of $21.00; 14 36. For the amount loaned from $350.00 to 5374.99 - the sum of S22.00; 37. For the amount loaned from 8375.00 to $399.99 - the sum of $23.00; 38. For the amount loaned from $400.00 to S424.99 - the sum of $24.00; 39. For the amount loaned from 8425.00 to $449.99 - the sum of $25.00; 40. For the amount loaned from $450.00 to $474.99 - the sum of $26.00; 41. For the amount loaned from $475.00 to $499.99 - the sum of $27.00; 42. For the amount loaned from $500.00 to $524.99 - the sum of $28.00; 43. For the amount loaned from $525.00 to $549.99 - the sum of $29.00; 44. For the amount loaned from $550.00 to 5599.99- the 599 99 - the sum of 530.00; 45. For the amount loaned from $600.00 to $699-99- the 699.99- the sum of $35.00; 46. For the amount loaned from 8700.00 to $799.99 - the sum of 540.00; 47. For the amount loaned from $800.00 to S899.99- the 899.99- the sum of 540.00; 15 48. For the amount loaned from $90Q.00 to $992-99 - the sum of $50-00; 49. For the amount loaned from $1000.0 to 51499.99 - the sum of $55.00; 50. For the amount loaned from $1500.0 to $1999.99 - the sum of 560.00; 51. For the amount loaned from $2000-00 to 52499.99 - the sum of S65.00; 52. For the amount loaned from $2500.00 to $2999.99 - the sum of $70.00; 53. For the amount loaned from $3000.00 to $3499.99 - the sum of $75.00; 54. For the amount loaned from $3500-00 to $3999.99 - the sum of $80.00; 55. For the amount loaned from $4000-00 to $4499.99 - the sum of $85.00; 56. For the amount loaned from $4500.00 or more - the sum of 590.00. ift e eats ( $ 9 s 9)f er—the—amount =aN -z,odL^ele l l ai`'.9(Y L e G) fey ameid t l .7 f e m five l l ($S.99) ta nine dellars .7 nts Y 16 /$ n l lars a .., F ten l lars Y (S39 . 99) rr s Zp2 CT'G A een} /$29.99.7__ /$ l e eT tel�Tcffl dnt leaned faFen S.Five elellars eents ($39.99); e) L L. .-. 1- _ -Sim, ,Qe l i a r s ($ E B eents $ n n 9 9)_ • 7 r .� a l l cee l-ieafftet�nt l a F_ Seven ($7.9)) tients- ($S9.99); r i eents ($69.99); eents ($ 1 9.99)i l ' f -mea= j�� s—($19 a9) a 17 .] Eleven I h, , n Q 1— z Fof— the th leaned fre hnn nn\ _ eents l a ll r 8) fer L. ... t leaned fre ,2 m _— 1D (y'� _ __ ($1-24-.-9-94— netl l lars /h 7 nn\ F' twenty the F a l l -. afneunt leane 3 Thirteena a l l - and ninety n±ne eents l l ($149.99); the ametint lea __($14.G9)fer 14. Feida�teene Cn l lars F'Fty ", � L a ee �•- Y (h, hundred e 1 laaFs anela t nine cents n Fteen a l las jS—G ($174.99); e`-TfTse l e �ffieunt ,S. ($ a F dellars I h, ^i y ,a seventy l 1 !h, �-�J—L Y n \ Fer � the t lea 1E Sixteene � ,r l laaFs al - ($249-99),- hnn9.99lr a l 1 a xs cT-C e8Tfe'the ix�ci r l a 17. Seventeen ($17 l dnelreela a fifty a l lars nine dejlaa�s anel ninety nine eents ($299-99); i a.,., a ` 1 hnnnn) Elo1 1 a - ($399.99) 1 Y _ m 9 Nineteen( h i n n n) _fer the afRetint lea n m dellars ( t n� q) f e i.- the atnetint jeaned-f-Trnn five hundred dellars I C. Fees under subsection B. of this section may be charged one (1) time only during the term of a pledge. D. A copy of this section set in twelve -point type or larger aad shall be posted prominently in each premises subject to this chapter. Sec. 5.05.090. Sale of pledged property limited. A. A pawnbroker shall not sell any property received in pledge until both the term of the loan and a grace period of a minimum of sixty (60) days has expired w�Rine -Y c= 7 r after the terfft ef the lean exfp-. However, if a pledged article is not redeemed within the ninety 90 -day day period of both the term of the loan and the grace period, the pawnbroker shall have has all rights, title and interest of that item of personal property The pawnbroker shall not be required to account to the pledgor for the proceeds received from the disposition of that item Any provision of law relating to the foreclosures and the subsequent sale of forfeited pledged items shall not be applicable to any pledge as defined under this chapter, the title to which is transferred in accordance with this section. B. Every transaction entered into by a pawnbroker shall be evidenced by a written document, a copy of which shall be furnished to the pledgor. The document shall set forth the term of the loan peed, the date of which the loan is due and payable, and shall inform the pledgor of the pledgor's right to redeem the pledge within sixty (60) days after the expiration of the loan term. Sec. 5.05.100. Violations, penalty. A. It is unlawful for: 1. Aany person to remove, alter or obliterate any manufacturer's make, model or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned or received in pledge. In addition an item shall not be accepted for pledce or a second-hand purchase where the manufacturer's make model or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal -property has been removed altered or obliterated: Z.E— it is tjnjaw�,d! sEeY Aany person to knowingly make, cause or allow to be made any false entry or misstatement of any material matter in a book, record, or writing required to be kept under this chapter. F04i] awnor A_eny pawnbroker broker person 3 •� property from any receive any P under the hand dealer to or any person econd- 18) years, e of eighteen under the age liquor or drugs- n d -hand influence of intoxicating seco For any pawnbroker or person known 4• T property from any P ve any P as having been dealer to receive dealer second-hand � of or to the pawnbroker or �— theft or possession convicted of burglary, robbery, ten (10) years whether iin the past of receiving property as the agent stolen Prop w,hin own behalf or his or -- the person is acting in ker to en a e in he business of another. An awnbro or other 6 r�� move ord rs �_— with the rovisions to violate ;om lies Any person �- 6 of this chapter. knowingly any ocher P rovisions this chapter is a B Violation of any of the sections of than imprisonment for not more � punishable by five thousand dollars grDs anor P misdemenot more than one (1) year or a fine of ($5,000.00) or both. 21 Sec. 5.05.110. Resale agreement to avoid interest and fee restrictions prohibited. A purchase of personal property shall not be made on the condition of selling it back at a stipulated time and price greater than the purchase price for the purpose of avoiding the interest and fee restrictions of this chapter. Sec. 5.05.12034. Transactions excluded. The provisions of this chapter do not apply to transactions conducted by the following: 1. Motor vehicle dealers licensed under Chapter ^^'. 46.70 RCW; 2. Motor vehicle wreckers or hulk haulers licensed under Chapter 46.79 RCW or Chapter 46.80 RCW R^" h. A6.'79 er 46.80; 3. Persons giving an allowance for the trade-in or exchange of secondhand property on the purchase of other merchandise of the same kind of e -r greater value; and 4. Persons in the business of buying or selling empty food and beverage containers or metal or nonmetal junk. 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 ON 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 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 23 PASSED day of , 1994. APPROVED PUBLISHED day of day of I hereby certify that this is a No. passed by the City Council of Washington, and approved by the Mayor of hereon indicated. pawnbrk.ord , 1994. 1994. true copy of Ordinance the City of Kent, the City of Kent as BRENDA JACOBER, CITY CLERK 24 (SEAL) Kent City Council Meeting Date August 2 1994 Category Consent Calendar 1. SUBJECT: LIBRARY BOARD OF TRUSTEES - APPOINTMENT 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Mickie Foster to serve as a member of the Kent Library Board. Ms. Foster is a 15 year Kent resident and she and her children are active users of the Kent Library facilities. She will replace Les Thomas, who resigned, and her appointment will continue to 1/96. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. C ro UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3G MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS �n wGC. FROM: JIM WHITE, MAYOR DATE: JULY 27, 1994 SUBJECT: APPOINTMENT TO KENT LIBRARY BOARD OF TRUSTEES I have recently appointed Mickie Foster to serve as a member of the Kent Library Board.. Ms. Foster is a 15 year Kent resident and is employed at Foster Office equipment in Burien. She has had a long-time interest in the library, feels that it is an important part of the community and she and her children use the library facilities frequently. Ms. Foster will replace Les Thomas, who resigned, Her appointment will continue to 1/1/96. I submit this for your confirmation. JW:jb cc: Ted Ripley, Library Board President Kent City Council Meeting Date August 2, 1994 Category Consent Calendar 1. SUBJECT: HIGH SPEED PASSENGER RAIL SERVICE - RESOLUTION 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Resolution No. in support of the Pacific Northwest Rail Corridor Passenger Service Objectives. 3. EXHIBITS: Resolution and Public Works minutes 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: seconds Council Agenda Item No. 3H RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, expressing support for the Pacific Northwest Rail Corridor passenger service objectives. WHEREAS; Washington State Department of Transportation is committed to re-establishing rail passenger service from Seattle to Vancouver, B.C. and adding additional rail passenger service between Seattle and Portland, Oregon; and WHEREAS, the Washington State Legislature has provided Washington State Department of Transportation funding to upgrade the rail infrastructure to allow passenger rail service to be re- established and safely operated; and WHEREAS, Washington State Department of Transportation has established rail passenger service objectives for the Seattle to Vancouver, B.C. route, restoring service with one round-trip per day, increasing to three round -trips per day by the year 1999; and WHEREAS, Washington State Department of Transportation has established rail passenger service objectives for the Seattle to Portland, Oregon route, increasing service to six round -trips per day by the year 1999; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section I. The Kent City Council expresses its support for the Pacific Northwest Rail Corridor passenger service objectives. Section 2. The Kent City Council also expresses interest in the public use of the Burlington Northern railroad station located at Railroad Avenue and Meeker Street in Kent and requests the assistance of the Washington Department of Transportation in working with the City of Kent and Burlington Northern to achieve this goal. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1994. Concurred in by the Mayor of the City of Kent, this day of , 1994. JIM WHITE, MAYOR 2 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1994. (SEAL) BRENDA JACOBER, CITY CLERK raiI.res 3 with the curves in the road and the fact that we will not allow development east of the curves because the road is not wide enough to accommodate the traffic. Bennett stated that he felt the north side of the road has more built-in space, even allowing for the number of utility poles which would need to be removed. He felt it would be more functional to do the LID on the north side of the road. Wickstrom responded saying that the issue on the north side of the road was that if we move those power poles, we would have to go underground per our ordinance, and that would get costly. He said because of that, we took advantage of moving it to the south side and using that area for the swale; we wouldn't need to relocate the power and that saves the entire LID money. Committee voted 2-1 to proceed with the adoption of LID 345 as presently designed. Resolution Rail Corridor Passenger Service Objectives Mann stated that this was discussed between Councilmembers with regard to incorporating language into the Resolution that would insure the use of the building owned by Burlington Northern. Brubaker said his interpretation of this was that Council wanted the Operations Director to contact Burlington Northern and look into the possibility of using the building. Mann suggested that some language be included in the Resolution stating that Burlington make a stop in Kent. Committee unanimously recommended adoption of the Resolution as amended. Meeting adjourned: 5:05 P.M. Kent City Council Meeting Date August 2 1994 Category Consent Calendar 1. SUBJECT: UTILITY BILLING PROCEDURES - ORDINANCE 2. SUMMARY STATEMENT: As recommended by the Operations Committee at their July 26th meeting, authorization is requested to make an ordinance change to our utility billing ordinance. The modification adds flexibility by having the option of using a mailer notice or door hanger for utility delinquent notices. This will provide better customer service to our utility customers and streamline the operation. 3. EXHIBITS: Memos, ordinance 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) A G 7. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I MILLER,MAYENE / KENT70/FN - HPDesk print. ----------------------------------------- Su``ect: UTILITY BILLING - DELINQUENT MAILER - ORDINANCE CHANGE Cr. .cor: Mayene MILLER / KENT70/FN Dated: 07/22/94 at 1001. TO: MAYOR, COUNCILMEMBERS FROM: MAYENE MILLER, FINANCE MANAGER SUBJECT: UTILITY BILLING- DELINQUENT MAILER- ORDINANCE CHANGE IN A CONTINUING EFFORT TO STREAMLINE AND PROVIDE THE BEST CUSTOMER SERVICE, WE ARE REQUESTING A MODIFICATION TO OUR UTILITY BILLING ORDINANCE. THIS CHANGE WILL ADD NEW LANGUAGE "PROVIDES WRITTEN NOTICE" IN PLACE OF THE CURRENT LANGUAGE WHICH STATES "POSTS A DOOR -HANGER NOTICE." THIS LANGUAGE CHANGE WILL MEET THE INTENT OF THE ORDINANCE TO PROVIDE "WRITTEN NOTICE" BEFORE A UTILITY CAN BE SHUT OFF, BUT ALSO ADDS FLEXIBILITY BY HAVING THE OPTION OF USING A lvfAILER-NOTICE OR DOOR HANGER IF THE MAIL IS RETURNED. )URING THE PAST YEAR SEVERAL UTILITY CUSTOMERS HAVE REQUESTED THAT WE DISCON- TINUE PLACING A "DOOR HANGER" WHEN AN ACCOUNT BECOMES DELINQUENT, AND INSTEAD NOTIFY THEM EITHER BY A MAILER OR PHONE. IN CHECKING WITH 12 OTHER CITIES, WE FOUND THAT 7 HAVE ALREADY CHANGED TO THIS PROCESS. PUGET POWER ALSO USED THE ,'AILER-NOTICE PROCESS. AN ADDITIONAL ADVANTAGE TO THIS IS THE SAVING OF STAFF TIME. DURING JULY, 21 STAFF HOURS WERE USED TO PLACE 402 DOOR HANGERS. THIS STAFF TIME CAN BE RE:DTRECTED TO COLLECTION EFFORTS OR IMPROVED CUSTOMER SERVICE FOR START AND STOP AC TNTS. THE ADDITIONAL PROGRAMMING AND POSTAGE COSTS ARE ESTIMATED TO BE LESS THAN THE CURRENT DOOR HANGER COST. WE URGE YOU TO APPROVE THIS CHANGE. June 26, 1994 PROPOSAL: Change Utility Billing Ordinance, section 7.01.050. To notify delinquent customers by either door hanger or mailer. Recommend that we begin mailing delinquent notices to utility customers and only use a "door hanger" when US mail is returned. CHANGE RECOMMENDED: Section 7.01.050 Utility bills, due date, collections. Current Ordinance: When the city "posts a door -hanger notice" regarding a delinquent utility account which advises the occupant a shut off of services. Change Ordinance: The City will "provides written notice" regarding a delinquent utility account which advises the occupant of a shut off of services. CURRENT SITUATION: Utility customers complain that they do not appreciate "door hangers" placed on their house. Listed below are a few of the reasons. 1. Embarrassment from neighbors and friends seeing the door hanger placed on their homes. 2. Door hangers left on the house creates a security issue for the householders. 3. They would prefer the notice be given by either US mail or telephone. 4. At times customers complain they did not receive the door hanger and/or it was placed on a door they do not use on a regular basis. Page 2 ADVANTAGES: 1. By using "mailers" the city would demonstrate a pro -active image and sensitivity in dealing with customers. 2. Mailers would greatly improve delivery times involved in the overall delinquent process. 3. Staff resources in distributing the door hangers would be redirected to other activities involved in the collection process. 4. Improve safety for both staff and citizens by use of US mail rather than current method. Example: Driving through residential neighborhood looking for address, at times can be difficult, especially when children are playing, etc. Also staff at times unable to distribute a door hanger to a residence, because of potential dog bites. 5. Distribution of door hangers are at times is hindered by the accessibility to the property due to fences, gates and other obstacles. 6. Other local utilities have gone to mailers during the past two years, for many of the same reasons listed above. DISADVANTAGES: 1. Postage expense will be approximately $50.00 to $75.00 a month depending on the number of mailers to be processed. This cost will be more than offset by savings in staff hours spent distributing door hangers, which is currently about $300 to $500.00 dollars monthly depending on volume of door hangers to be distributed. 2. One time programming cost will be $100.00 and could be covered under our current operating expenses and/or agreement with ICS programming contract. 3. Form design and printing expense. Actual cost of the new form will be less than current door hanger form expenses. Page 3 IMPLEMENTATION PROCESS: 1. Request for programming to be completed. 2. Form design and printing. 3. Testing of program and operating procedures. 4. Develop a insert to notify customers of the change. 5. Develop target date and being use new mailer. 6. Follow up and make appropriate changes. 7. Tract customer input on new change and make adjustments. 8. Report to management results of change. RECOMMEND BY: APPROVAL BY: stomer Service Manager Finan Department Manager ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 7.01 relating to notice of delinquent accounts and other amendments. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Kent City Code Chapter 3.60 entitled "Application for, and Billing of, Utility Services" is hereby amended to read as follows: CHAPTER 7.01. UTILITY SERVICE BILLING T T ! C -AT -!GN F- r *TTS Sec. 7.01.010. Administration of Utility billing. The e''- e`e" e finance manager shall be responsible for billing for utilitX47ea services and the administration and enforcement of utility accounts. Sec. 7.01.020. Utility service applications. All applications for utility service on established accounts shall be made to the finance division of the operations department. The written application shall be made by the owner or authorized agent of the property where service is requested. For new utility service the application shall be made to the department of public works for approval and then to the finance division to be processed in the normal manner. Whenever an application for utility service is made by an agent, the agent shall submit written authority from the owner authorizing such agent to receive the utility service requested. An acknowledgment that the owner is legally liable for all service shall be included in this written authority. Sec. 7.01.030. Utility accounts. All accounts for utility service shall be kept in the name of the owner. The owner may by written stipulation direct that the account shall be billed to a renter, tenant or lessee. No change of ownership or occupancy shall affect the application of this chapter. Sec. 7.01.040. Payments received. All money for the payment of utility bills shall be received by the finance manager cunei- or authorized agent. 2 Sec. 7.01.050. Utility bills --Due date; collection. A. All utility bills are due and payable in the office of the finance manager 64:i�:eete= within fifteen ter} 15 (10) days after the billing date appearing on the bill. Bills not paid within twenty-one (21) days of the billing date shall be considered delinquent. If the twenty-first day falls on a legal holiday, Saturday or Sunday, the first business day thereafter shall be considered the twenty-first day. When an account is delinquent in payment the City will provide written notice of said delinquency to the occupant by mail door hanger or other form. The notice shall advisees the occupant of shut off of utility service,— and the assessment of a late pavment or related feed added to such delinquent utility account. wi4el�t A schedule of such fees is on file in the city clerk's office shat! be added—te . B. When a charge for water service is delinquent, the service shall be subject to shutoff upon notice to the customer. Regulations governing issuance of notice, consistent with this chapter, shall be promulgated by the finance manager elireete_. The service shall not be restored until full payment of the delinquent account is received, together with a water turnoff/on charge of which is on file in the city clerk's office. C. Whenever a water service is in the name of a renter, tenant or lessee, and is subject to turnoff for L1 delinquency, the finance division rtert will send a duplicate notice of delinquency to the owner of record shown on the application for service. D. Delinquent bills. 1. System of sewerage. Pursuant to RCW 35.67.331 and section 7.06.010 of this Code, the combined sanitary sewage collection and disposal system (sewage) and the storm and surface water utility (drainage), are all combined as the system of sewerage. Delinquent and unpaid rates and charges for sewage and drainage service shall be subject to RCW ch. 35.67 and shall be deemed delinquent and unpaid rates and charges for sewer service subject to subsection 2. below. 2. Delinquent sewer service rates and charges; interest; water service cut off. a. When a charge for sewerage service is delinquent, the city shall have a lien for delinquent and unpaid charges, plus penalties, which lien shall be effected in accordance with RCW 35.67.210. Liens for sewerage service shall be effective for a period not to exceed six (6) months of delinquent charges without the necessity of any writing or recording. In order to make such a lien effective for more than six (6) months, the finance manager dir-eT-teL- shall file for recording in the office of the King County auditor a notice setting forth the amount of the delinquency, the name of the owner or reputed owner who owes the bill and the description of 4 the lot, tract or parcel to which such lien shall attach. This lien may be foreclosed in action in superior court pursuant to RCW 35.67.220 et seq. b. Interest shall be added to any delinquent and unpaid charge for sewer service in the maximum amount allowed by RCW 35.67.200. Sec. 7.01.060. Same --Alternate collection procedure. As an additional method of collective the delinquent charges and concurrent method of enforcing the lien authorized by RCW 35.67.200 et seq. and section 7.01.050 of this Code the city may cut off water service from the premises to which such sewerage service was furnished after the charges become delinquent and unpaid, until the charges and delinquent account are paid. The right to enforce the lien by cutting off and refusing water service shall not be exercised after two (2) years from the date of the recording of sewerage lien notice except to enforce payment of six (6) months of charges for which no lien notice is required to be recorded. Sec. 7.01.070. Additional remedy. The remedies set forth in sections 7.01.050 and 7.01.060 are not meant to be exclusive and that the city may use any alternate method of collecting delinquent charges that is available under common law or the laws of the state. 5 SECTION 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. ATTEST: BRENDA JACOBER, CITY CLERK JIM WHITE, MAYOR 31 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of , 1994. APPROVED day of 1994. PUBLISHED day of 1994. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK utilsys.ord 7 Kent City Council Meeting Date August 2 1994 Category Bids 1. SUBJECT: UTILITY VEHICLES FOR GOLF COURSE USE 2. SUMMARY STATEMENT: Bid opening was held on July 6th with three bids received. The low bid was submitted by Washington Lift Truck, Inc. in the amount of $11,656.00 (plus sales tax). It is the recommendation of the Public Works Director that this bid be accepted. 3. EXHIBITS: Public Works Director memorandum 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5 [in UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X EXPENDITURE REQUIRED: $l/. /-3 G. De scl.r T°a' SOURCE OF FUNDS: YES 7. CITY COUNCIL ACTION: L I WP -1. TI'V Councilmember �`AV moves, Councilmember' " U✓ seconds that Washington Lift Truck, Inc., be awarded the bid for Utility Vehicles for Golf Course Use, in the amount of $11,656.00 plus sales tax. DISCUSSION: ACTION: Council Agenda Item No. 5A MEMORANDUM DATE: July 11th, 1994 TO: Don Wickstrom, Public Works Director FROM: Jack Spencer, Fleet Mana,�� THRU: Tim Heydon, Operations M��a``nag f SUBJECT: Purchase of Utility Vehicles for Golf Cou se Equipment Rental has advertised for bids for utility vehicles for the Golf Course. Three bids were received and opened on July 6th, 1994 Bids received are as follows: Western Equipment Distributors, Inc. Kent, Washington Cushman Turf Tr ckster No Option #1 or Option #2 Superior Turf Equipment Auburn, Washington 833-2060 Daihatsu HiJet No Option #1 Option #2 Scissor lift box $1,699.00 plus tax $13,942.00 plus sales tax $11,691.00 plus sales tax Washington Lift Trick, Inc. Seattle, Washington 762-2040 $11,656.00 plus sales tax Includes variations B-4 safety switch, $100.00, D-8 bed liner $275.00 steel + tax Option #1 4 wheel drive including tax -$1,082.00 Option #2 Scissor lift box including tax - $1,282.17 I recommend we award the bid to Washington Lift Truck, Inc., the lowest bidder. JS/map A:ER051 Kent City Council Meeting Date August 2, 1994 Category Bids 1. SUBJECT: SEAL COATING AND PAINT STRIPING - FIRE STATION PARKING LOTS 2. SUMMARY STATEMENT: One bid was received for the applica- tion of seal coating of the asphalt surfaces of the Fire Station site, and restriping of existing parking stalls and lanes. The bid was within budget. This project is part of the 1994 CIP, with a budget of $30,000. Council acceptance of this bid will allow the project to proceed, authorize payment upon completion of the contracted work, and authorize the Mayor to sign the contract subject to review and approval by the City Attorney. It is anticipated that the project will be completed within three weeks of the start date. 3. EXHIBITS: Executive Summary 4. RECOMMENDED BY: Fire Administration (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES W EXPENDITURE REQUIRED: $24,638 plus tax SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember ��j moves, Councilmember d'a" seconds that the bid for seal coating and paint striping of four fire station parking lots be awarded to Statewide Parking Lot Service in the amount of $24,638 plus tax, and that the Mayor be authorized to sign the contract. DISCUSSION: ACTION: RL Council Agenda Item No. 5B EXECUTIVE SUMMARY AUGUST 1, 1994 TO: MAYOR WHITE, COUNCIL PRESIDENT WOODS, COUNCIL MEMBERS JOHNSON, HOUSER, ORR, MANN, BENNETT, CLARK FROM: NORM ANGELO, FIRE CHIEF �- SUBJECT: ACCEPTANCE OF BID FOR SEALCOATING AND PAINT STRIPING PARKING AREAS OF THREE FIRE STATIONS. INTRODUCTION/BACKGROUND This project is intended to provide protection for the asphalt parking surfaces at three fire stations, Stations 973, 74, and 76. It is a pre-emptive effort to prolong the life of the existing asphalt surfaces. Total budget for this project is $24,638.00. The project will begin upon the receipt of a "Notification to Proceed" and should be completed within 30 days. The Fire Department is recommending processing the paperwork to enter into contract with "Statewide Parking Lot Service" of Kent. Retainage in the amount of 5% will be held until the project is successfully completed. RECOMMENDED ACTION The Fire Department is recommending that the City Council approve the awarding of this bid to "Statewide Parking Lot Service" of Kent and that the City enter into a contract for the application of sealcoating and paint striping of the three (3) City Fire Stations. SIGNIFICANCE This program is a pre-emptive measure to slow the deterioration of the existing parking surfaces, as well as to provide marking that is compliant with the Americans With Disability Act. BUDGET/ECONOMIC IMPACT This project has been budgeted through the CIP process ($30,000.00) with no impact on the general operating budget of the Fire Department. ALTERNATIVES/CONSEQUENCES None tcn CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTE D. PLANNING COMMI E. PUBLIC SAFETY COMMITTEE F. PARKS G. ADMINISTRATIVE REPORT 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. E Planning Commission Minutes July 12, 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 CITY COUNCIL PLANNING COMMITTEE May 17, 1994 4:00 PM Committee Members Present Leona Orr, Chair Judy Woods, Council President Tim Clark Planning Staff Jim Harris Margaret Porter Fred Satterstrom Citv Attorney's Office Roger Lubovich Tom Brubaker Laurie Evezich Other Citv Staff Mayor Jim White Arthur Martin Other Quests Richard Baum Bernie Hughes GROWTH MANAGEMENT UPDATE (F. Satterstrom) Planning Manager Fred Satterstrom gave an update about the amendments to the County -Wide Planning Policies. There is a conflicting issue among Cities on the urban growth line on two different time lines. One opinion is for the urban growth linetobe pe manent a dit thnd esvisited once every ten years. The other opinion is _ line every six or seven years. The GMPC is planning to give all of the nominated centers a "center designation status". This would include Kent's urban center nomination as well as the manufacturing center nomination. Mr. Satterstrom passed out the final Growth Target Ranges for population and employment. Fred explained that Kent's new Net Household Population is the same but there has been ranges added to the attachment. These ranges are between 10 or 15 percent less than the target figure and 15 percent larger than the target figure. The Net New Household Range for Kent is 6,800 to about 8,100 units. The Net New Employment is 11,500 with a range of also a plus or minus. The GMPC will be holding a couple of public hearings or meetings on this subject the week of May 23, 1994. On May 25, 1994, a meeting is scheduled to draw -closure on these above mentioned issues. Fred said he will report the final decisions on these issues at the next meeting. Fred updated the Committee on the results of the video regarding the three landuse alternatives. There were about 300 total responses to _the video which comprised of 20 or 30 groups. Fred reported there was CITY COUNCIL PLANNING COMMITTEE MINUTES MAY 17, 1994 PAGE 2 a good balance of male and female participants, a good balance of all ages (from high school to retired people), and a good balance of residents versus people who work in the City of Kent. He passed out a graph which showed the mixed used alternative as the favored overall alternative. The Planning Department is discussing with the Mayor and Administration to come up with a preferred landuse alternative. This will consist of bits and pieces from all of the other alternatives. The preferred land use alternative will go to the Planning Commission and the City Council. This will also be the subject of the Environmental Impact Statement. ENERGY ASSISTANCE LETTER OF SUPPORT (L. ORR) Council Chair Orr introduced Richard Baum and Bernie Hughes from the South King County Multi -Service Center who came to the Committee requesting support of the Low Income Home Energy Assistance Program. Councilchair Woods MOVED and Councilmember Clark SECONDED a motion to support the Low Income Home Energy Assistance Program and to forward this item to the Council meeting the same evening of May 17, 1994. Motion carried. HEARING EXAMINER ORDINANCE - (R. Lubovich) City Attorney Roger Lubovich explained the ordinance that was provided in the agenda packet and passed out copies of amendments he was proposing to make which are found on pages 9 and 10. The proposed ordinance repeals Chapter 12.01 of the Kent City Code relating to the Board of Adjustment and amending Chapter 2.32 relating to the Hearing Examiner. This ordinance consolidates functions by eliminating the Board of Adjustment by providing that all matters previously heard by the Board of Adjustment be heard by the City's Hearing Examiner. Councilchair Woods MOVED and Councilmember Clark SECONDED a motion to approve the revised ordinance that was in the packet including the amendments and to forward this ordinance for adoption to the Council at the May 17, 1994 City Council meeting. Motion carried. ADDED ITEMS ADJOURNMENT The meeting adjourned at 5:05 p.m. PC0517.MIN CITY OF �� CITY COUNCIL PLANNING COMMITTEE July 19, 1994 4:00 PM Committee Members Present Leona Orr, Chair Jon Johnson Tim Clark Planning Staff Jim Harris Margaret Porter Bob Hutchinson City Attorney'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, 1994 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 14.06 which prescribes criminal penalties and establishes procedures for appeals and abatement of violations and replaces these procedures and refers to Kent City Code Chapter 1.04 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, 1994. 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 initems #3 and #4 from the word For to the word Any s 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 PRESENT: PUBLIC WORKS COMMITTEE PAUL MANN JIM BENNETT TIM CLARK DON WICKSTROM JULY 251 1994 TOM BRUBAKER ROD BAILEY MR & MRS RUST LID 345 - South 218th Street Improvements Wickstrom stated that at the previous Committee meeting, there was a discussion regarding the deletion of sidewalks and the implication that would have. He said sidewalks on the south side of the street amount to about $18,000 however, because of the way the properties lie, the properties do not have much depth on the south side versus the north side. He said the bulk of that $18,000, if reduced, would be Trammell Crow's. He further said that on the Rust's property their savings would amount to $229.00, noting that a sidewalk could not be built for that amount of money. He said the large parcels on the north side, will be picking up the major portion of the assessments. Wickstrom noted that deleting the sidewalk would result in a reduction, however not significant; if sidewalks ever had to be built the best way is to have them included in the LID because of the cost, in terms of the smaller properties on the south side of the road. Wickstrom said that we also looked at reducing the right of way take along the south side by two feet, the results being that the properties on the south side would be getting paid for that right of way. By taking that (right of way) away, they get less money in return, which in this scenario, would result in a higher assessment. He said the right of way amounts to about $38,000. Wickstrom explained that the issue was, by deleting the sidewalk and deleting some of the right of way on the south side, the results are that some of the assessments on the south side would increase because they have less right of way credit (less money in return for their right of way) and some of the cost for sidewalks would be absorbed by Kent Corporate Park which is a parcel with big depth on the north side. In response to Clark's question regarding eliminating sidewalks in the curve area possibly making it more feasible for vehicles to pass at that point, Wickstrom stated that the sidewalk has no bearing on where the curves go noting it would be a 32' wide road. Wickstrom further explained the structure of the road by reviewing the plans with the Committee. In response to Mrs. Rust's question on what value this LID has to the City, Wickstrom said that the issue here is the safety concern with the curves in the road and the fact that we will not allow development east of the curves because the road is not wide enough to accommodate the traffic. Bennett stated that he felt the north side of the road has more built-in space, even allowing for the number of utility poles which would need to be removed. He felt it would be more functional to do the LID on the north side of the road. Wickstrom responded saying that the issue on the north side of the road was that if we move those power poles, we would have to go underground per our ordinance, and that would get costly. He said because of that, we took advantage of moving it to the south side and using that area for the swale; we wouldn't need to relocate the power and that saves the entire LID money. Committee voted 2-1 to proceed with the adoption of LID 345 as presently designed. Resolution - Rail Corridor Passenger service Objectives Mann stated that this was discussed between Councilmembers with regard to incorporating language into the Resolution that would insure the use of the building owned by Burlington Northern. Brubaker said his interpretation of this was that Council wanted the Operations Director to contact Burlington Northern and look into the possibility of using the building. Mann suggested that some language be included in the Resolution stating that Burlington make a stop in Kent. Committee unanimously recommended adoption of the Resolution as amended. Meeting adjourned: 5:05 P.M.