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Home My WebLink AboutCity Council Meeting - Council - Agenda - 05/17/1994Agenda CITY OF Z11144T Mayor Jim White Council Members Judy Woods, President Jim Bennett Jon Johnson Tim Clark Paul Mann Christi Houser Leona Orr May 17, 1994 I' Office of the City Clerk CITY OF LDSLD :V SUMMARY AGENDA KENT CITY COUNCIL MEETING May 17, 1994 Council Chambers �rtswuurc�� 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS -A. Proclamation - Kent Downtown Sweep Day „R- Proclamation - Square Dance Week .R. Introduction of Mayor's Appointees �p. Chamber Report on China Trip _,E-. Presentation of Gifts from Kaibara, Japan 2. PUBLIC HEARINGS None 3. CONSENT CALENDAR ,-A. Approval of Minutes Approval of Bills �. LID 342 - Smith Street Sidewalks, Washington Avenue to 64th Avenue - Ordinance 311D(P ,H LID 344 - Traffic Signal at SE 240th and 108th Avenue SE - Ordinance -j510 �. Appointment - Civil Service Commission Street Overlays - S. 212th St. & James Street - Authorize and Establish Budget Permit & Plan Review Fees - Resolution 1395 hF: Full Time Admin. Asst. I - Authorization & Jones/Hobbs Annexation - Accept Petition d: A�pointmeTt,- City Transit Advisory Board 4. 46±HER USINESS Sale and Discharge of Fireworks - Ordinance -431" Hearing Examiner - Ordinance 31&' -e. Lake Fenwick Cabin Removal - Resolution 13 5. BIDS moi'. Derbyshire Water Main Replacement 6. CONTINUED COMMUNICATIONS 7. REPORTS *** EXECUTIVE SESSION - I. Pending Litigation 2. Property Acquisition 8. ADJOURNMENT Budget Change 31',g NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Proclamation - Kent Downtown Sweep Day B) Proclamation - Square Dance Week E) Presentation of Gifts from Kaibara, Japan C) Introduction of Mayor's Appointees D) Chamber Report on China Trip E) Presentation of Gifts from Kaibara, Japan CONSENT CALENDAR 3. City Council Action; yiv 7 7� Councilmember `,'�� moves, Councilmemb t� seconds that Consent Calendar Items A through be approved. Discussion 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of May 3, 1994. 3B. Approval of Bills. Approval of payment of the bills received through April 20, 1994 and paid on April 29, 1994 after auditing by the Operations Committee on May 11, 1994. Approval of checks issued for vouchers: Date 4/16/94-4/29/94 Check Numbers 142239-142774 Approval of checks issued for payroll: Date 5/5/94 Checks Advice Check Numbers 194329-194696 14789-15144 Amount $1,756,949.93 Amount $ 253,294.66 397,017.43 $ 650,312.09 Council Agenda Item No. 3 A -B Kent, Washington May 3, 1994 Regular meeting of the Kent City Council was called to order at 7.00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann, Orr and Woods, Operations Director/ Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Government Affairs Division Manager Martin, Parks Director Hodgson, and Human Resources Division Manager Viseth. Approximately 75 people were at the meeting. PUBLIC Drinking Driver Task Force Design Contest. COMMUNICATIONS Lt. Rufener, Kent Police Department, noted that some of the challenges facing today's youth are suicides, car accidents, drug use, and violence in the communities. She explained that once a year the Drinking Driver Task Force tries to bring children together to design contest posters with themes to help prevent these pro- blems and to reinforce safety messages. She noted that there were over s00 participants in this year's contest and explained that the information gathered is put together in mean- ingful themes and sent out to all the schools to reinforce the message. Lt. Rufener intro- duced the winners in each category, and certificates were presented to them by Mayor White, Councilmember Houser, and Chief Crawford. Pediatric Interim Care Center Day. Mayor White read a proclamation declaring May 7, 1994 as "Barbara Drennen and Barbara Richards Pediatric Interim Care Center Day" in the City of Kent. He urged citizens to recognize the accomplish- ments of these two determined women and the success of the Pediatric Interim Care Center in providing crucial care for medically fragile infants. The Mayor presented the proclamation to Barbara Drennen. Correctional officer Week. Mayor White read a proclamation declaring the week of May 1-71 1994 as "Correctional Officer Week" in the City of Kent, and encouraged all citizens to acknowledge the professional service the Corrections Staff provides to the community. He noted that the Kent Corrections Facility is also celebrating their eighth anniversary 1 May 31 1994 PUBLIC during the month of May and that the City of COMMUNICATIONS Kent dedication sOfoits nCorrections or the rofficers. and Mayor presented the proclamation to Officer Michael Armstrong and Chief Crawford. Greater Puget sound Safe Boating Week. Mayor White read a proclamation declaring the week of May 1-7, 1994 as "Greater Puget Sound Safe Boating Week" in the City of Kent, and urged all those who enjoy the pleasure of boating to become aware of the potential hazards of boating, especially during the spring months. He noted that their theme, "Boat Safe, Boat Sober", is very appropriate for tonight as it ties in with the Drinking Driver Task Force's to theme. The Mayor presented the proclamation Flotilla Commander Patricia Helmer of the U.S. Coast Guard. National Public Works Week. Mayor White read a proclamation declaring the week of May 15-21, 1994 as "National Public Works Week" in the City of Kent. He invited all citizens and civic organizations to acquaint themselves esw with the problems involved in providing public rks services, and to recognize the contributions that public works officials make comforevery ofday the toward the health, Y and citizens. The proclamation was presented to Public Works Director Wickstrom. Letter Carrier's Food Drive Day. Mayor White read I. a proclamation declaring May 14, 1994 as "Letter Carrier's Food Drive Day" in the City of Kent, and called upon all citizens to join the National Association of Letter Carriers (NALC) Branch 2038 in working to aid those in need in the community by participating in the annual food drive. Bill mwithrthe proclama- tion. Service was presented tion. TMYgRfe Month. The Mayor announced rell ofthe Parks Department mployee of the Month for Maye of her primary goals is courteous helpful service to the Kent May 31 1994 PUBLIC community. Operations Director McFall noted COMMUNICATIONS that Patrice is a wonderful ambassador for the City in the business community as well as the recreation field, and that she is regarded by fellow employees not only as an extremely competent professional but also a good friend. Introduction of Mayor's Appointees. Mayor White introduced Ron Banister as his appointee to the Civil Service Commission, and Roger Broer as his appointee to the Arts Commission. Regional Justice Center Update._ Wendy Keller, Project Manager, distributed to the Council a copy of the Key Project Schedule Items and Timeframes, and noted that the project is right on schedule with completion of the schematic design in October, the design development in March, and the cost estimate reconciliation in April. She also noted that final papers were signed last Friday, and that the two properties are now owned by King County. Keller informed the Council that NW Metals has already vacated their property, that Howard Manufacturing will be off their property in about 2 weeks, and that the Kent Fire Depart- ment will be using the NW Metals building for training. She noted that the RFP for asbestos removal is now out, the RFP for remediation of the pentachlorophenol tank will be out shortly, and that an RFP for demolition of site build- ings and foundations will then be sent out. She explained that throughout the summer the preloading and preparation of the site will be taking place with two oil tanks underneath the NW Metals building which still have to be removed, and that there will be at least three contractors on-site. Keller noted that the Construction/EIS Mitiga- tion Package will also be done within the next couple of months with the operational mitiga- tion process completed by January, 1995. She explained that the building design process will be completed by November with a review process following, the documents will be done in December, and that the project will be ready to 3 May 31 1994 PUBLIC go out for bid by January, 1995. She noted, COMMUNICATIONS however, that the Metropolitan King County Council needs proof that they can afford to operate the building and make any judgments as to how much of the building may not be opera- tional at the time of opening. She stated that construction is scheduled to begin in March, 1995 with completion by December, 1996, and effective occupation by January, 1997. Keller noted that the Community and Business Advisory Group (CBAG) has been given 15 opera- tional questions to address with three issues being discussed at each meeting, so they are on a very stringent schedule. She explained that a building at the SW corner of the site, which is owned by the railroad, is being addressed as requested by the City in the EIS. She noted that negotiations are currently underway with the railroad for possible purchase of this property but that it would be an additional cost to the project, and even though it would benefit the exit out of that corner as well as the general look of the area, it may not be necessary to purchase it. She stated that the City will be kept posted on this issue. Keller noted that the King County Council has appropriated 1% of the money for the arts plan to select and hire artists to work with the design architects on the integrated pieces toward the front of the building and the 4th Street side of which are well underway. Russ Stringham, 1411 W. Smith, stated his support of this project from the beginning but said that if some issues, such as traffic and parking, are not properly mitigated it will have a negative effect on the area. Upon Stringham's question, Keller explained that $600,000 has been provided by the levy to deal with traffic and parking issues, and that none of it has been allocated as of yet. She noted that 200 extra parking spaces are being pro- vided, but no final decisions have been made whether to have paid parking or not. Upon Steve Dowell's question, she noted that proper removal of the tanks and the ground around them 4 May 31 1994 PUBLIC is part of the environmental checklist. She COMMUNICATIONS explained that the County will do a self - cleanup of the area rather than wait two years for the DOE to approve because it is not con- sidered a high level contaminated site. She explained that the DOE doesn't give an official approval until the site is completely cleaned up. Keller also noted for Dowell that all buildings will be opened at the same time even though some of the courtrooms and some of the jail may not be operational at the time of opening. Keller further noted that the Department of Ecology has met with them on all sub surface investigations, worked out a plan on how to remediate, and has reviewed it. She explained that this was a courtesy DOE extended them as another government agency under an emergency clause. Teen Center Task Force Report. Mark Moder, Youth Pastor for Kent Christian Center and representative from the Teen Center Task Force, introduced the committee members, and gave some background on the establishment and mission of the task force. He noted that the recommenda- tions from the task force to the Council are as follows: (1) that the Mayor and City Council authorize placement of a $7.6 million bond issue on the November, 1994 ballot to fund land acquisition and construction of a 29,000 sq. ft. youth teen center; (2) that the 13.2 acre Morrill homestead property on SE 248th Street be acquired for building a youth teen center; (3) that two satellite programs be offered twice a week at school sites - Totem Junior High School on West Hill that would be operational in 1994, and one on a school site in downtown Kent; (4) that the youth teen center use the in- novative Project Lighthouse concept of combining teen recreation, law enforce- ment, Kent Ministerial Association, and 5 May 3, 1994 PUBLIC social services into the daily operations COMMUNICATIONS at the teen center and satellite programs, and that professionals and volunteers from the many Kent based agencies and community groups be involved in operating a multi- faceted youth teen program; (5) that coordinated efforts be continued with the Kent Transit Advisory Board with the ultimate goal of bus services to and from the youth teen center and other locations within the Kent city limits; and (6) that the Task Force remain in strong partnership with the Kent School District which has shown interest, cooperation and support for the youth teen center program. Moder noted that there is almost no availa- bility at any school within the Kent School District on a consistent basis and that consistency is a necessity. He distributed to the Council a copy of a letter signed by ap- proximately 120 youth showing support for a teen center. He explained the building site concept design, but noted that this isn't the final design and again stressed the real need for a youth teen center with all the issues facing youth today. Mayor White thanked all members of the Task Force. MANN MOVED to accept the Youth Teen Center Task Force report. Orr seconded. Christie Peterson, 13118 SE 234th, expressed hope that if the Council is not quite ready to make a decision, they would postpone action and give individuals a chance to go to the community for more support for this center. She said she just found out about this project and is sure others are not aware of it as well. The motion to accept the report then carried. Mann dis- tributed to the Council a three-page copy of "Youth Statistics" from the 1993 Human Services Needs Assessment book, and urged them to read and investigate the report thoroughly. MANN THEN MOVED that the Council refer this matter 0 May 3, 1994 PUBLIC to the Parks Committee which will then hold COMMUNICATIONS public hearings, and that Council direct Admin- istration to analyze the report and forward their findings to the Parks Committee and the Council, and that the Council discuss the feasibility of the current Youth Teen Center proposal as developed by the City's Youth Teen Center Task Force, and that the Council make a final decision on the future of this project no later than the Council's June 21 regular meet- ing. Orr seconded. Mayor White expressed concern about the short time frame, but stated that Administration will be as responsive as possible. The motion then carried. Mayor White suggested that the petition con- taining 120 signatures be made a part of the record. BENNETT SO MOVED. Orr seconded and the motion carried. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through J, with exception of Item F which was removed by Councilmember Houser, be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of April 19, 1994. WATER (CONSENT CALENDAR - ITEM 3G U."AClh7ti n=co - rhArrto in T. AUTHORIZATION for the Finance Manager to execute the necessary documents allowing Mr. Richard A. Kerkel of 26405 122nd Place S.E. to make monthly payments against a $632.50 Charge in Lieu of Assessment fee for water service, as recommended by the Public Works Committee, and in accordance with Resolution No. 975. Mr. Kerkel has claimed that paying the full amount at this time would create a hardship. SIDEWALKS (PUBLIC HEARINGS - ITEM 2A) LID 342 - Smith Street Sidewalks, Washington Avenue to 64th Avenue. This date has been set for the public hearing on the final assessment roll of LID 342. Public Works Director 7 May 3, 1994 SIDEWALKS Wickstrom pointed out the location and explained that the LID was formed a year ago, after an inquiry by Catholic Community Services. He noted that construction is not complete, but that the final project cost is estimated to be $113,265. He explained that the project is a mix of LID and City funds, and that closing the LID ahead of time would keep costs down. He added that the City's share of the project is approximately $38,000 which will come out of the sidewalk fund. Wickstrom noted that a protest was received from Bally's Health & Tennis Corporation, asking that their assessment be reduced by $1,000 but that no supporting evidence was provided. He therefore recommended that the assessment not be adjusted. Mayor White declared the public hearing open. There were no comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. MANN MOVED to direct the City Attorney to prepare an ordi- nance adopting LID 342, Smith Street Sidewalks from Washington Avenue to 64th Avenue. Bennett seconded. Lubovich clarified that the motion to accept the material in the Council agenda packet as part of the record should be made first. Mann and Bennett withdrew the motion and the second. MANN THEN MOVED to make the material contained in the Council agenda packet on this item part of the record. Houser seconded and the motion carried. MANN MOVED to direct the City Attorney to prepare an ordi- nance adopting LID 342, Smith Street Sidewalks from Washington Avenue to 64th Avenue. Bennett seconded and the motion carried. TRAFFIC (PUBLIC HEARINGS - ITEM 2B) CONTROL LID 344 - Traffic Signal at S E 240th Street and 108th Avenue S.E. This date has been set for the public hearing on the final assessment roll for LID 344. Public Works Director Wickstrom noted that inquiries regarding a signal were received after an accident at the intersection, and that a review determined that certain criteria were met. He added that there 8 May 3, 1994 TRAFFIC were some covenants from various developments CONTROL in the area to support the installation of a signal. He noted that informal meetings were held with property owners who would be affected by an LID, that it appeared that there was support to proceed, and that a public hearing was held on January 4, 1994. He pointed out that the project is under construction and should be completed in the latter part of the summer, and noted that closing the LID out would reduce costs. He noted that the total cost of the project is estimated to be $150,197.21, and that City funds will cover part of the project. Wickstrom noted receipt of protests from Mary Behrendsen (Assessment No. 4) and Sam Behar (Assessment No. 9). He noted that property owners must supply credible evidence that shows that their property is not benefitted to the amount of the assessment. He said the information supplied regarding Assessment No. 4 was not credible, and noted that the property is vacant. He added that if they were to develop, a covenant would have to be executed to participate. He concluded that no reduction in Assessment No. 4 is warranted. He noted that Mr. Behar did not provide any supporting evidence that would justify a re- duction in Assessment No. 9. Mayor White declared the public hearing open. Mary Behrendsen, owner of Assessment No. 4, disagreed with Wickstrom that the material she provided with her protest is not satisfactory. She said the price paid for the property is adequate proof of the value at that time, and that tax information should be considered adequate. She noted that she has been unable to sell this property, and said that she should not have to pay for a traffic signal because her property does not generate any traffic. She said the traffic is coming from the apart- ments and that they should have been required to pay for a traffic signal when they were built. She also asked why the post office is not required to pay a portion of the cost. Wickstrom responded that the post office is exempt from all local authorities including LID assessments. He pointed out that the issue is 9 May 3, 1994 TRAFFIC the value of the property immediately before CONTROL the LID and immediately after the improvement, not the value at the time of purchase. He said that the assessor's value is not considered credible evidence, and noted that many dispute the assessor's value of their property. He added that the apartments are paying their share of the costs as distributed through this LID. There were no further comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. MANN MOVED to make the material contained in the Council agenda packet on this item a part of the record. Houser seconded and the motion carried. MANN THEN MOVED to direct the City Attorney to prepare an ordinance adopting LID 344, traffic signal at S.E. 240th Street and 108th Avenue SE. Woods seconded. Bennett asked that the signals between 104th Avenue S.E. and 116th Avenue S.E. be synchronized to avoid gridlock. The motion then carried. Later in the meeting Ms. Behrendsen expressed dismay that the Council did not comment on her concerns, and simply accepted Wickstrom's recommendation. Mayor White suggested that she meet with Wickstrom after the meeting, and offered to discuss the matter with her at that time. LEVEE (BIDS - ITEM 5A) IMPROVEMENTS Green River Levee Improvements. Bid opening for this project was held April 26th with nine bids received. The low bid was submitted by Lloyd Enterprises, Inc. in the amount of $272,010.31. The engineer's estimate was $326,034.55. The project consists of con- structing a section of new levee and raising portions of the existing levee along the northerly bank of the Green River from approximately the Meeker Street Bridge to the West Valley Highway bridge. Also included is the installation of a paved pedestrian/bicycle trail along the top of same. 10 May 3, 1994 LEVEE The Public Works Director has recommended that IMPROVEMENTS this bid be accepted and the contract awarded to Lloyd Enterprises, Inc. MANN MOVED that the Green River Levee Improvement contract be awarded to Lloyd Enterprises, Inc. for the bid amount of $272,010.31. Bennett seconded and the motion carried. ANNEXATION (OTHER BUSINESS - ITEM 4D) (ADDED BY OPERATIONS DIRECTOR MCFALL) Auburn Agreement - Ramstead Annexation McFall explained that the proposed agreement has to do with the Ramstead Annexation. Public Works Director Wickstrom pointed out the location of the area and noted that the Ramstead Annexation is presently before the Boundary Review Board. He stated that the area contains 594 acres, including an 18 -acre finger which is owned by Mrs. Ramstead and is of concern to the City of Auburn. He noted that the sphere of interest for both cities overlaps, and both have con- cerns. He explained that under the law, pro- perties can be exchanged by passing resolutions between each jurisdiction, and noted that this has been done with the City of SeaTac regarding a Park -N -Ride lot. He added that it would be subject to a referendum by the people if they object. He stated that the City of Auburn is receptive to this, and asked the Council to authorize the Mayor to sign an agreement relat- ing to the Ramstead Annexation with a possible future modification of the boundaries. BENNETT SO MOVED. Woods seconded and the motion carried. PUBLIC SAFETY (OTHER BUSINESS - ITEM 4A) Hours of operation for Licensed Premises The proposed ordinance would amend Chapter 9.32 of the Kent City Code entitled "Conduct in Alcoholic Beverage Premises", by adding a new section regulating entertainment conducted on premises licensed to serve alcoholic beverages. Under the proposed ordinance, no music, dancing, or entertainment could be conducted between the hours of 2 a.m. and 6 a.m. on any 11 May 3, 1994 PUBLIC SAFETY premises licensed under the authority of the State Liquor Control Board which is open to the public and which operates for profit, directly or indirectly, or requires a monetary payment or contribution from persons admitted. The City Attorney distributed corrected copies of the proposed ordinance containing references to the statutory authority and adding a sen- tence stating that "music" and "entertainment" shall not apply to radios or mechanical musical devices such as tape decks or similar equip- ment. He explained that the ordinance basical- ly prohibits live entertainment, often referred to as after hours entertainment, in night clubs between the hours of 2:00 a.m. and 6:00 a.m. He explained that this would not regulate all entertainment since the use of radios and other mechanical devices cannot be prohibited. WOODS MOVED for the adoption of Ordinance No. 3163 regulating entertainment conducted on premises licensed to serve alcoholic beverages. Houser seconded and the motion carried with Bennett opposed. FIRE DEPARTMENT (OTHER BUSINESS - ITEM 4B) sale and Discharge of Fireworks The sale and use of fireworks has been the subject of much public debate over recent years. In the interest of preserving both the tradition of fireworks and public safety, and pursuant to RCW 70.77.395, the City of Kent has prepared an ordinance restricting the time fireworks may be sold and limiting the time fireworks may be discharged. The Fire Prevention Bureau has notified all 1993 firework permit holders of the proposed fireworks ordinance as requested by the Public Safety Committee. Fire Chief Angelo noted that four alternatives were presented to the Public Safety Committee as follows: 1. Follow State Law. Dates of sale: June 28 noon to July 6 noon. No limit of days they may be discharged. 12 FIRE DEPARTMENT May 3, 1994 2. Limit Sales. Dates of sale: June 28 noon to July 4, 11:00 p.m. Discharge: July 4th only 9:00 a.m. - midnight. 3. Limit Sales. Date of sale: July 4 only. Discharge: July 4th only, 9:00 a.m. - midnight. 4. Limit Sales 1994, Ban 1995. Dates of sale: June 28, 1994, noon - July 4, 1994, 11:00 p.m. Discharge: July 4, 1994 only, 9:00 a.m. - midnight. Sale and discharge banned in 1995. He noted that the Fire Department recommends Option 4, limited sales and discharge in 1994 and a ban in 1995. He explained that one year notice must be given to people who sell fire- works before a ban can take place. Mayor White commended the Council for their efforts to address this issue. He spoke in favor of a ban in 1995, due to safety issues, the noise factor, and the potential costs associated with fireworks, and urged the Council to consider a ban. Angelo noted that Option 4 is the same as Option 2 with the addition of a ban in 1995. Bennett suggested adopting Option 2 and con- sidering a ban at the Council meeting of May 17th. Lubovich noted that an alternate ordinance banning fireworks sales and discharge in 1995 has been prepared and could be adopted at tonight's meeting if the Council so desires. BENNETT MOVED to adopt Ordinance No. 3164 restricting the time for sale of fireworks and limiting the time for discharge of fireworks. Houser seconded. Woods offered a friendly amendment adding an outright ban in 1995. Bennett agreed to the amendment. Houser noted that the Public Safety Committee had planned to discuss the ban at their next meeting, and did not agree to the amendment. Woods withdrew the amendment. Lubovich noted for Orr that there is still time to discuss the ban at the Public Safety Committee meeting and then pass an ordinance enacting a ban in 1995. Mayor White asked the City Attorney to prepare such an 13 May 3, 1994 FIRE DEPARTMENT ordinance for consideration by the Public Safety Committee. John Hvrv, 10602 Fawn Drive NW, Gig Harbor, noted that he works with several families and clubs who retail fireworks in Kent. He said he has no disagreement with restrictions on the dates of sale, but is opposed to a total ban. He noted that youth organizations would be im- pacted, and provided a copy of safety material which is distributed to retailers. He stated that injuries and property damage due to fire- works has gone down significantly for the second year in a row, due to safety education. He added that the worst injury statistics are in the ten states that ban all fireworks. He stressed that his company works to create a safe 4th of July celebration and they do not believe bans are effective, noting that people can obtain illegal fireworks. Clark reiterated that public safety is the issue. The motion to adopt Ordinance No. 3164 then carried. PARKS & (CONSENT CALENDAR - ITEM 3E) RECREATION Riverbend Proposed 1994 Buyout Fund Proiects and Improvements. APPROVAL of an $81,204 expenditure and budget change for projects and improvements at Riverbend Golf Complex, as recommended by the Golf Advisory Board, Parks Department Staff, and Parks Committee at its April 5, 1994 meeting (3-0). (CONSENT CALENDAR - ITEM 3F) (REMOVED BY COUNCILMEMBER HOUSER) Riverbend Proposed 1994 Greens Fee Schedule. Approval of a proposed 1994 Riverbend Greens Fee Schedule was recommended by the Parks Committee (3-0) at its April 5, 1994 meeting. This proposal follows the staff recommended fee increase schedule with the addition of a spe- cial discount for City residents. The discount is $.50 below 1993 greens fee rates. Houser asked that this item be removed from the Consent Calendar and be referred to the next Parks Committee meeting so that the new Parks Director would have a chance to meet with the contractors at the golf course before it goes through. 14 May 3, 1994 PARKS & (CONSENT CALENDAR - ITEM 3J) RECREATION Open Space - Budget Change AUTHORIZATION to adjust the Parkside Wetlands project budget from $230,000 to $235,721 incorporating interest income to this project per the open space agreement with King County. HUMAN RESOURCES (CONSENT CALENDAR - ITEM 3H) Police Office Technician II. AUTHORIZATION for a Police Office Technician II position. This position is needed to assist in the accredi- tation process the Kent Police Department is currently working on. The position will be moved from temporary part-time to regular part- time so that hours of work can be increased to meet project timelines of completion by December 1995. APPOINTMENTS (CONSENT CALENDAR - ITEM 3C) Appointment - Civil Service Commission CONFIRMATION of the Mayor's appointment of Ron Banister to the Kent Civil Service Commission. The Mayor has recently appointed Ron Banister to serve as a member of the Kent Civil Service Commission. Mr. Banister is associated with Windemere Real Estate Agency, is a member of the Kent Economic Development Corporation, and has served as a member of the Kent Board of Adjustment. He will replace Carl Hart, whose appointment was nullified because of residency requirements. Mr. Banister's appointment will be in effect until 4/30/2000. (CONSENT CALENDAR - ITEM 3D) Appointment - Arts Commission CONFIRMATION of the Mayor's appointment of Roger Broer to the Kent Arts Commission. The Mayor has recently appointed Roger Broer to serve as a member of the Kent Arts Commission. Mr. Broer is a career artist and is the author of our "We Are All Related" mural on the east wall of the First Interstate Bank at First and Meeker. He has done many public art projects including a project at the Department of Interior headquarters in Washington, D.C., and 15 May 3, 1994 APPOINTMENTS most recently a large mural for the new Denver airport. Mr. Broer will replace Midge Sweley, who resigned, and his appointment will be in effect until 10/31/97. COUNCIL (OTHER BUSINESS - ITEM 4C) Compensation of Councilmembers. The proposed ordinance would amend Kent City Code Section 2.01.010, Compensation of Councilmembers, by increasing Councilmember salaries, providing for cost of living increases, and providing for medical benefits. Operations Director McFall explained that under the proposed ordinance, Councilmembers would be covered under the City's medical insurance plan at the City's expense, and that dependents could be covered at their own expense. He explained that the salary cannot be adjusted to apply to Councilmembers in their current term, so the increase would not be effective until after the expiration of the current terms of seated Councilmembers. He noted that this could result in staggered salary increases, but that the Operations Committee recommended that the salaries for all seven Councilmembers be adjusted on January 1, 1998. He stated that the base salary would change from $500 per month to $550 per month, and that the salary would be adjusted by 75% of the CPIW for Seattle each year. Upon Woods' question, McFall explained that the cost to cover a Councilmember and all dependents would be approximately $600 a month. Human Resources Division Manager Viseth noted that the City would pay approximately $200 of that amount. JOHNSON MOVED to adopt Ordinance No. 3165 increasing Councilmember salaries, providing for cost of living increases, and providing for medical benefits. Houser seconded. Steve Dowell said that the cost for seven council - members would be $24,480 per year, or $97,920 for their four-year terms. He noted that Councilmembers most likely have insurance coverage, and would cancel any they are currently paying for if the City provided 16 May 3, 1994 COUNCIL insurance. He said that councilmembers are not employees, and passage of this ordinance would be insensitive to current economic conditions. He suggested increasing the salary by $50 a month, but limiting the COLA to 3% and elimi- nating the medical benefits. He also suggested that the Mayor veto the entire plan. Clark noted for Dowell that the proposed ordinance is of no value to him, since he is not eligible for it because of State insurance plan changes. Upon Houser's question, McFall noted that 75% of the CPIW would be approximately $11.00 for this year. Russ Stringham spoke in favor of the increase in salary, noting the complexity of the issues and the amount of time that goes into the job. He said that in order to attract people to run for City Council, they must be adequately compensated. He suggested imple- menting the program on a staggered basis, during election years, so that the extra in- crease would begin sooner and candidates would know the salary. He noted that an increase of $50 is currently a 10% increase, but in January 1998 it won't be as much. He agreed that there should be a limit on the COLA. Stringham then questioned why medical benefits would be offered to part-time employees, noting that Councilmembers presumably have full time jobs which pay benefits. He recommended not offering the full time benefits. Upon Woods' question, Viseth noted that employees who work at least 21 hours a week receive the equivalent of full time benefits. Stringham pointed out that City employees work regular hours, but that there is no way to verify how many hours a Councilmember works. Johnson noted that he instigated this issue, and that the Operations Committee has recommended the compensation brought forward tonight. He added that other cities were contacted as to compensation for Councilmembers and this plan is comparable. The motion to adopt Ordinance No. 3165 then carried, with Bennett opposed. 17 FINANCE May 3, 1994 (CONSENT CALENDAR - ITEM 3I) Regarding Midway Crossing. AUTHORIZATION for the Mayor to sign an interlocal agreement with the City of Des Moines regarding Midway Crossing. This interlocal agreement is related to the Midway Crossing Neighborhood Shopping Center which is divided by the boundary of Kent and Des Moines with the majority of Midway Crossing residing in Kent. This agreement out- lines the understanding between the two cities on sales and utility taxes and surface water management charges, maintenance and capital issues and amends the original interlocal entered into in 1987. Mann later commented that he is unhappy with the exit from the mall to Kent -Des Moines Way. He said the exit was a compromise conditioned for by the anchor store, and the resulting traffic is dangerous. He opined that such a compromise is outrageous, and that citizens are in jeopardy. White explained that the left -turn lane out of the mall was required by the City of Des Moines, and Mann expressed his disapproval. (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through April 5, 1994 and paid on April 15, 1994, after auditing by the Operations Committee on April 27, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 3/16/94-3/31/94 141188-141780 $2,204,758.63 4/1/94-4/15/94 141781-142238 11286,568.03 Approval of checks issued for payroll for March 16 through March 31, 1994 and paid on April 5, 1994 and for April 1 through April 15, 1994 and paid on April 20, 1994: Date Check Numbers Amount 4/5/94 Checks 193653-193984 $ 251,133.35 4/5/94 Advices 14081-14434 397,685.19 18 May 3, 1994 Date Check Numbers Amount 4/20/94 Checks 193985-194328 256,686.20 4/20/94 Advices 14435-14788 424.632.68 $1,330,137.42 REPORTS Council President. Woods noted that the Suburban Cities Association meeting will be in Kirkland on May 11th, and that elections will be held for the coming year. Woods noted that in regard to recent discus- sions regarding changing the Mayor's salary, at no time did the current Mayor request such a change. She suggested that it would be appro- priate to consider making such changes at the same time that the City Council salary changes take place. Operations Committee. Johnson noted that the next meeting will be at 9:30 a.m. on May 11. Planning Committee. Orr explained that a special meeting was held this week and that the minutes are forthcoming. Administrative Reports. Government Affairs Manager Martin reported on cable tv in response to concerns regarding audio and video taping during executive sessions. He explained that the policy is to have the outside door locked and the inside door open, and all staff out of the room. He added that a red light will be on during taping. He reminded Councilmembers that audio is picked up through their microphones. He also noted that materials regarding light- ing, clothing, etc. will be available soon. Martin also noted that discussions regarding production and other interests are being held with representatives from Green River Community College and Highline Community College. EXECUTIVE At 9:30 p.m., Mayor White announced an execu- SESSION tive session of approximately 15 minutes. The meeting reconvened at 9:55. k&81 May 31 1994 Bartelt V. Rent. WOODS MOVED to submit for the record the proposed settlement agreement regarding Bartelt v. Kent and that it be approved subject to approval and execution of settlement documents including a full release which would include all claims, attorneys fees, costs and all appropriate City officials. Houser seconded and the motion carried with Bennett opposed. Nelson v. Rent and Wilson. WOODS MOVED to accept into the record the proposed settlement agreement regarding the Nelson v. Kent matter and that it be approved subject to approval and execution of settlement documents including a full release which would include all claims, attorneys fees, costs and the appropriate City officials. Houser seconded and the motion carried with Bennett opposed. ADJOURNMENT The meeting adjourned at 10:00 p.m. �` a GEJ-Z-C"� .. Brenda Jac, CMC City Cler 20 Kent City Council Meeting Date May 17 1994 Category Consent Calendar 1. SUBJECT: LID 342 - SMITH STREET SIDEWALKS, WASHINGTON AVENUE TO 64TH AVENUE 2. SUMMARY STATEMENT: Adoption of Ordinance No.(� confirming the Final Assessment Roll for LID 342 Smith Street Sidewalks, Washington Ave. to 64th Ave. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: City Council 5/3/94 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO r/ YES RE 7 EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3C ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving and confirming the assessments and the assessment roll of Local Improvement District 342, which has been created and established for the purpose of installing 5 foot to 6.5 foot wide cement concrete sidewalks on both sides of Smith Street from N. Washington Avenue to 64th Avenue South, all as provided in Ordinance 3115; and levying and assessing the amount thereof against several lots, tracts, parcels of land, and all other properties shown on the roll. WHEREAS, the assessment roll levying the special assessments against the properties located in Local Improvement District No. 342 has been filed with the Clerk of the City of Kent, as provided by law; and WHEREAS, notice of the time and place of hearing thereon and of making objections and protests as to the roll was duly published at and for the time and in the manner provided by law, fixing a time and place of hearing therefor for the 3rd day of May, 1994 at the hour of 7 o'clock p.m. in the Council Chambers of the City Hall in the City of Kent, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, the Council held such public hearings and considered all written and verbal testimony before it; and WHEREAS, the Council finds that the lots, tracts, parcels of land, and other properties within LID 342 are specially benefitted by the improvements against the same; NOW, THEREFORE, in at least the amount charged THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Confirmation. The assessments and the assessment roll of Local Improvement District No. 342 which has been created and established for the purpose of installing 5 foot to 6.5 foot wide cement concrete sidewalks on both sides of Smith Street from N. Washington Avenue to 64th Avenue South, be and the same is hereby in all things and respects approved and confirmed in the total amount of $74,926.50. A copy of the assessment roll is attached as Exhibit A and incorporated herein by this reference. City funding contribution to this project amounts to the difference of the final total project cost less the final assessment amount. The total cost of the entire project is approximately $113,625.00. Section 2. Findings. Each of the lots, tracts, parcels of land, and other properties shown upon the roll is hereby determined and declared to be specifically benefitted by the improvements in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing on the roll. There is hereby levied and assessed against each lot, tract, parcel of land, and other property appearing on the roll the amount finally charged against the same thereon. Section 3. Notice Payment and Bonding. The assessment roll as approved and confirmed shall be filed with the Supervisor of Treasury Accounting of the City of Kent for collection, and the K Supervisor of Treasury Accounting is hereby authorized and directed to publish notice as required by law stating that the roll is in his/her hands for collection and payment of any assessment thereof or any portion of that assessment can be made at any time within thirty (30) days from the date of the first publication of the notice without penalty, interest or cost, and that thereafter the sum remaining unpaid shall be paid in ten (10) equal installments with interest at an estimated rate of 9% per annum with the exact interest rate to be fixed in the ordinance authorizing issuance and sale of the LID bonds for LID 342. The first installments of assessments on the assessment roll shall become due and payable during the thirty (30) days succeeding the date one (1) year after the date of the first publication by the Supervisor of Treasury Accounting of notice that the assessment roll is in his/her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the whole unpaid balance, shall be collected. Any installment not paid prior to the expiration of the thirty (30) day period during which sum installment is due and payable shall thereupon become delinquent. All delinquent installments shall be subject to a charge of interest at the rate as determined above and for an additional charge of 9% percent penalty levied upon both principal and interest due upon such installment or installments. The collection of such delinquent installments will be enforced in the manner provided by law. 3 Section 5. Severability. If any section, subsection, , clause or phrase of this ordinance is declared paragraph, sentence unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This ordinance shall take effect and be in force five days after its passage, approval and publication. ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the JIM WHITE, MAYOR day of , 1994. APPROVED the day of 1994. PUBLISHED the day of 1994. I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the City of 4 Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. LID342.ord (SEAL) BRENDA JACOBER, CITY CLERK 5 EXHIBIT A LID 342 3/1/94 SMITH STREET SIDEWALKS (WASHINGTON AVENUE TO 64TH AVENUE) FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 1. Bruce Thayer Willow Brook Ltd. Ptn. Multicorp, Inc. 500 108 Ave NE Ste 340 Bellevue WA 98004 $8,145.64 THOSE PORTIONS OF BLOCKS 9 & 29 DEFINED AS FOLLOWS: MEEKER SUPL PLAT 1ST ADD TO KENT LOT 4 OF KENT SHORT PLAT SP 75-15 REC AF #7601220366 SD PLAT DAF POR BLKS 9 & 29 MEEKERS SUPL PLAT OF 1ST ADD TO KENT DAF BEG AT NE COR SD BLK 9 TH S 00-42-13 W ALG E LN SLK 9 73 FT TO TPOB TH S 00-42-13 W ALG E LN SD BLKS 9 & 29 745.85 FT TO PT WCH BEARS S 89-11-47 E 24.50 FT FR NE COR TR CONV AF #7107210071 TH N 89-17-47 W 404.45 FT TH N 00-42-13 E 43.52 FT TH N 89-17-47 W 156 FT TO NW COR SD TR TH S 00-42-13 W 242.75 FT TH S 89-37-13 W 99.37 FT TH S 00-42-13 W 102 FT TH S 24-17-46 W 177.23 FT TH S 69-37-13 W 90 FT TH S 00-42-13 W 72.29 FT TO SW COR SD TR BEGIN N LN OF SMITH ST TH S 89-37-13 W ALG SD LN 324.62 FT TO POC TO RGT RAD OF 15 FT TH NWLY ALG ARC OF SD CRV C/A 91-40-58 ARC DIST 24 FT TO E LN OF 64TH AVE S TH N 01-18-11 E ALG SD LN 1049.03 FT TO ANGLE PT TH CONTG ALG E LN SD 64TH AVE S N 00-47-27 E 258.93 FT TO POC TO RGT RAD OF 15 FT TH NWLY ALG ARC OF SD CRV C/A 90-13-17 ARC DIST 23.62 FT TO S LN JAMES ST TH S 88-59-16 E ALG S LN 915.29 FT TH N 00-42-13 W 3 FT TH S 88-59-16 E 40 FT TH S 00-42-13 W 40 FT TH S 88-59-16 E 33 FT TO TPOB AKA POR SPC 75-15 543620-0165 2. Oak Hill Terrace Assoc. Harold Schneir PO Box 3619 San Rafael, CA 94912-3619 PORTION OF BLOCK 29 DEFINED AS FOLLOWS: MEEKERS SUPL PLAT IST ADD TO KENT POR BEG INTSN NLY MGN SHINN ST PROD W & 24.5 FT W OF E LN BLK 29 TH S 89- 39-43 W 650.50 FT TH N 00-42-13 E 72 FT TH N 89-39- 43 E 90 FT TH N 24-17-46 W 177.23 FT TH N 00-42-13 E 102 FT TH N 89-39-43 E 99037 FT TH N 00-42-13 E 242.75 FT TH S 89-17-47 E 156 FT TH S 00-42-13 W 43.52 FT TH S 89-17-47 E 379.95 FT TO W LN OF E 24.5 FT OF SD BLK TH S 00-42-13 W 525.43 FT TO BEG 543620-0559 3. Lola A Bode Weight Watchers 9700 Lake City Way NE Seattle, WA 98115-2399 $16,322.91 $ 614.78 PORTIONS OF BLOCKS 27 & 29 MEEKERS SUPL PLAT 1ST ADD TO KENT TR 'X' CITY OF KENT SP 60-4 REC AF #8007010620 SD SP DAF - PARCEL 'A' - TR 27 SD SUBD LESS E 240 FT THOF LESS ANY PORS LY S OF N MGN OF SMITH ST TGW - PARCEL !B' - POR OF TR 29 SD SUBD DAF - BEG AT NE COR OF TR 9 SD SUBD TH S 00-42-38 W ALG E LN OF SD TRS 9 & 29 A DIST OF 818.85 FT TAP WCH BRS S 69-17-22 E 24.50 FT FR NE COR OF A TR TO PROFESSIONAL MANIFEST INC UNDER AF # 7101200071 & TPOB THN 89-17-22 W 24.50 FT TH S 00-42-38 W 525.43 FT TO N LN OF W SMITH ST TH N 89-37-35 E ALG SD N LN 24.50 FT TO E LN OF SD TR 29 TH N 00-42-38 E ALG SD E LN TO TPOB -- AKA POR SPC 80-4 543620-0525 1 LID 342 SMITH STREET SIDEWALKS (WASHINGTON AVENUE TO 64TH AVENUE) FINAL ASSESSMENT ROLL ASSESSMENT NO. DESCRIPTION 4 Paul D. Purcell Cathy Peters Catholic Community Svcs. Catholic Comm. 100 23rd Ave S PO Box 398 Seattle WA 98144 Kent WA 98035 3/1/94 ASSESSMENT AMOUNT $ 3,312.25 Svcs PORTIONS OF BLKS 27 & 29 DEFINED AS FOLLOWS: MEEKERS SUPL PLAT 1ST ADD TO KENT LOT 2 CITY OF KENT SP 80-4 REC AF # 8007010620 SD SP DAF - PARCEL 'A' - TR 27 SD SUBD LESS E 240 FT, THOF LESS ANY PORS LY S OF N MGN OF SMITH ST TGW -PARCEL 'B' - POR OF TR 29 SD SUBD DAF - BEG AT NE COR OF TR 9 SD SUBD TH S 00-42-38 W ALG E LN OF SO TRS 9 & 29 A DIST OF 818.85 FT TAP WCH BRS S 89-17-22 E 24.50 FT FR NE COR OF A TR TO PROFESSIONAL MANIFEST INC UNDER AF # 7101200071 & TPOB TH N 89-17-22 W 24.50 FT TH S 00-42-38 W 525.43 FT TO N LN OF W SMITH ST TH N 89-37-35 E ALG SD N LN 24.50 FT TO E LN OF SD TR 29 TH N 00-42-38 E ALG SD E LN TO TPOB -- AKA POR SPC 80-4 AND ALSO BLOCKS 27 & 29 DEFINED AS FOLLOWS: MEEKERS SUPL PLAT 1ST ADD TO KENT LOT 1 CITY OF KENT SP 80-4 REC AF #8007010620 SD SP DAF - PARCEL 'A' - TR 27 SD SUBD LESS E 240 FT THOF LESS ANY PORS LY S OF N MGN OF SMITH ST TGW - PARCEL 'B' - POR OF TR 29 SD SUBD DAF - BEG AT NE COR OF TR 9 SD SUBD TH S 00- 42-38 W ALG E LN OF SD TRS 9 & 29 A DIST OF 818.85 FT TAP WCH BRS S 89-17-22 E 24.50 FT FR NE COR OF A TR TO PROFESSIONAL MANIFEST INC UNDER AF # 7101200071 & TPOB TH N 89-17-22 W 24.50 FT TH S 00- 42-38 W 525.43 FT TO N LN OF W SMITH ST TH N 89-37- 35 E ALG SD N LN 24.50 FT TO E LN OF SD TR 29 TH N 00-42-38 E ALG SD E LN TO TPOB -- AKA POR SPC 80-4 543620-0523 AND 543620-0522 5. J. Bowen Scarff $ 2,881.66 Jabow Inc 24405 142nd Ave SE Kent WA 98042 PORTIONS OF BLOCKS 27 & 29 DEFINED AS FOLLOWS: MEEKERS SUPL PLAT 1ST ADD TO KENT LOT 3 CITY .OF KENT SP 80-4 REC AF # 8007010620 SD SP DAF - PARCEL 'A' - TR 27 SD SUBD LESS E 240 FT THOF LESS ANY PORS LY S OF N MGN OF SMITH ST TGW - PARCEL 'B' - POR OF TR 29 SD SUBD DAF - BEG AT NE COR OF TR 9 SD SUBD TH S 00-42-38 W ALG E LN OF SD TRS 9 & 29 A DIST OF 818.85 FT TAP WCH BRS S 89-17-22 E 24.50 FT FR NE COR OF A TR TO PROFESSIONAL MANIFEST INC UNDER AF # 7101200071 & TPOB TH N 89-17-22 W 24.50 FT TH S 00-42-38 W 525.43 FT TO N LN OF W SMITH ST TH N 89-37-35 E ALG SD N LN 24.50 FT TO E LN OF SD TR 29 TH N 00-42-38 E ALG SD E LN TO TPOB -- AKA POR SPC 80-4 543620-0520 6. J. Bowen Scarff $ 6,022.28 Jabow Inc. 24405 142 Ave SE Kent WA 98042 PORTION OF BLOCK 27 DEFINED AS FOLLOWS: MEEKERS SUPL PLAT IST ADD TO KENT POR OF E 240 FT OF 27 N OF N LN OF SHINN ST EXTND WLY 543620-0521 LID 342 3/1/94 SMITH STREET SIDEWALKS (WASHINGTON AVENUE TO 64TH AVENUE) FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 7. Lyle D. Schneider Assoc $ 8,954.13 39210 State St Suite 211 Freemont CA 94538 PORTION OF BLOCK 29 DEFINED AS FOLLOWS: MEEKERS SUPL PLAT 1ST ADD TO KENT LOT 4 LESS ELY 58.50 FT THOF CITY OF KENT SHOR PLAT NO SP -74-12 (SPC 74-11) RECORDING NO 7501100471 -- PER UNNUMBERED CITY OF KENT LOT LINE ADJUSTMENTS APPROVED 23 AUG 1982 RECORDING NO 8208310374 & APPROVED O1 AUG 1984 RECORDING NO 8408090668 -- SD SHORT PLAT BEING A POR BLK 29 SUPL PLAT MEEKER'S IST ADD TO KENT DAF: BEG SW COR SLK 28 SD PLAT TH S 89-39-43 W ALG N MGN KENT -DES MOINES RD 819.17 FT TO TPOB TH N 00-20-17 W 540.64 FT TO NXN WITH WLY PROLONGATION OF S MGN OF SHINN ST (W SMITH ST) TH S 89-39-43 W ALG SD PROLONGATED LN TO WLY LN SD BLK 29 TH SLY ALG SD WLY LN TO SW COR SD BLK 29 & N MGN KENT -DES MOINES RD TH ELY ALG SD N MGN TO TPOB LESS W 30 FT FOR PUBLIC R/W 543620-0563 8. Health & Tennis Corp $ 7,364.75. One Century Plaza 2029 Century Park East Suite 2819 Los Angeles CA 90067 PORTION OF BLOCK 29 DEFINED AS FOLLOWS: MEEKERS SUPL PLAT IST ADD TO KENT LOT 1 LESS E 30 FT & LESS S 270 FT TGW E 58.50 FT LOT 4 CITY OF KENT SHORT PLAT NO SP -74-12 (SPC 74-11) RECORDING NO 7501100471 -- PER UNNUMBERED CITY OF KENT LOT LINE ADJUSTMENTS APPROVED 23 AUG 1982 RECORDING NO 8208310374 & APPROVED O1 AUG 1984 RECORDING NO 8408090668 -- SD SHORT PLAT BEING A POR BLK 29 SUPL PLAT MEEKER'S IST ADD TO KENT DAF: BEG SE COR BLK 28 SD PLAT TH S 89-39-43 W ALG N MGN KENT -DES MOINES RD 819.17 FT TO TPOB TH N 00-20-17 W 540.64 FT TO NXN WITH WLY PROLONGATION OF S MGN OF SHINN ST (W SMITH ST) TH S 89-39-43 W ALG SD PROLONGATED IN TO WLY LN SD BLK 29 TH SLY ALG SD WLY LN TO SW COR SD BLK 29 & N MGN KENT -DES MOINES RD THE ELY SD N MGN TO TPOB LESS W 30 FT FOR PUBLIC R/W 543620-0564 LID 342 3/1/94 SMITH STREET SIDEWALKS (WASHINGTON AVENUE TO 64TH AVENUE) FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 9. Lyle Schneider Assoc $ 752.79 39210 State St Suite 211 Freemont CA 94538 PORTION OF BLOCK 29 DEFINED AS FOLLOWS: MEEKERS SUPL PLAT 1ST ADD TO KENT LOT 2 TGW E 30 FT & S 270 FT OF LOT 1 & TGW E 35 FT & N 146.07 FT OF LOT 3 CITY OF KENT SHORT PLAT NO SP -74-12 (SPC 74-11) RECORDING NO 7501100471 -- PER UNNUMBERED CITY OF KENT LOT LINE ADJUSTMENT APPROVED 23 AUG 1982 RECORDING NO 8208310374 & LOT LINE ADJUSTMENT NO LL -86-8 APPROVED O1 JULY 1986 RECORDING NO 8607100973 -- SD SHORT PLAT BEING A POR BLK 29 SUPL PLAT MEEKER'S 1ST ADD TO KENT DAF: BEG SE COR BLK 28 SD PLAT TH S 89-39-43 W ALG N MGN KENT -DES MOINES RD 819.17 FT TO TPOB TH N 00-20-17 W 540.64 FT TO NXN WITH WLY PROLONGATION OF S MGN OF SHINN ST (W SMITH ST) TH S 89-39-43 W ALG SD PROLONGATED LN TO WLY LN SD BLK 29 TH SLY ALG SD WLY LN TO SW COR SD BLK 29 & N MGN KENT -DES MOINES RD TH ELY ALG SD N MGN TO TPOB LESS W 30 FT FOR PUBLIC R/W 543620-0565 10. Sandy McNamar G-21 Peggy Kunkel $20,555.31 Principal Mutual Life Ins. Doug Bonner 711 High Street (REO 442) Vyzis Company Des Moines IA 50392 3605 132nd Ave SE ._ Suite 300 Bellevue WA 98006-1323 PORTION OF BLOCKS 27-28-29 DEFINED AS FOLLOWS: MEEKERS SUPL PLAT 1ST ADD TO KENT 28 LESS S 150 FT OF E 150 FT & POR OF 27 & 29 LY S OF WLY PROD OF S MGN OF SHINN ST LESS POR OF 29 LY W OF LN BEG ON S LN 819.17 FT W OF SE COR TR 28 TH N 00-20-17 W TO N LN THOF 543620-0524 D:\old\T1612 4 Total $74,926.50 1. SUBJECT• Kent City Council Meeting Date May 17 1994 Category Consent Calendar LID 344 - TRAFFIC SIGNAL AT SE 240TH AND 108TH AVENUE SE 2. SUMMARY STATEMENT: Adoption of Ordinance No. 1 0 confirming the Final Assessment Roll for LID 344 Traffic Signal at SE 240th & 108th Avenue SE. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: City Council 5/3/94 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3D ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving and confirming the assessments and the assessment roll of Local Improvement District 344, which has been created and established for the purposes of installing a fully actuated 8 - phase traffic signal with pedestrian detection and crossing indications at the intersection of S.E. 240th St. and 108th Ave. S.E.; all as provided in Ordinance 3152; and levying and assessing the amount thereof against several lots, tracts, parcels of land, and the properties shown on the roll. WHEREAS, the assessment roll levying the special assessments against the properties located in Local Improvement District No. 344 has been filed with the Clerk of the City of Kent, as provided by law; and WHEREAS, notice of the time and place of hearing thereon and of making objections and protests as to the roll was duly published at and for the time and in the manner provided by law, fixing a time and place of hearing therefor for the 4th day of January, 1994 at the hour of 7 o'clock p.m. in the Council Chambers of the City Hall in the City of Kent, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, the Council held such public hearings and considered all written and verbal testimony before it; and WHEREAS, the Council finds that the lots, tracts, parcels of land, and other properties within LID 344 are specially benefitted by the improvements in at least the amount charged against the same; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The assessments and the assessment roll of Local Improvement District No. 344 which has been created and established for the purpose of installing a fully actuated 8 -phase traffic signal with pedestrian detection and crossing indications at the intersection of S.E. 240th St. and 108th Ave. S.E., be and the same is hereby in all things and respects approved and confirmed in the total amount of $71,702.75. The approximate cost of the total project is $150,197.21. A copy of the assessment roll is attached as Exhibit A and incorporated herein by this reference. City funding contribution to this project shall amount to the difference of the final total project cost less the total assessment amount. Section 2. Findings. Each of the lots, tracts, parcels of land, and other properties shown upon the roll is hereby determined and declared to be specifically benefitted by the improvements in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing on the roll. There is hereby levied and assessed against each lot, tract, parcel of land, and other property appearing on the roll the amount finally charged against the same thereon. Section 3. The assessment roll as approved and confirmed shall be filed with the Supervisor of Treasury Accounting of the E City of Kent for collection, and the Supervisor of Treasury Accounting is hereby authorized and directed to publish notice as required by law stating that the roll is in his/her hands for collection and payment of any assessment thereof or any portion of that assessment can be made at any time within thirty (30) days from the date of the first publication of the notice without penalty, interest or cost, and that thereafter the sum remaining unpaid shall be paid in ten (10) equal installments with interest at an estimated rate of 9% per annum with the exact interest rate to be fixed in the ordinance authorizing issuance and sale of the LID bonds for LID 344. The first installments of assessments on the assessment roll shall become due and payable during the thirty (30) days succeeding the date one (1) year after the date of the first publication by the Supervisor of Treasury Accounting of notice that the assessment roll is in his/her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the whole unpaid balance, shall be collected. Any installment not paid prior to the expiration of the thirty (30) day period during which sum installment is due and payable shall thereupon become delinquent. All delinquent installments shall be subject to a charge of interest at the rate as determined above and for an additional charge of 996 percent penalty levied upon both principal and interest due upon such installment or installments. The collection of such delinquent installments will be enforced in the manner provided by law. 3 Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This ordinance shall take effect and be in force thirty days after its passage, approval and publication. ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of JIM WHITE, MAYOR 1994. APPROVED the day of , 1994. PUBLISHED the day of , 1994. I hereby certify that this is a true and correct copy of Ordinance No. , passed by the City Council of the City of 4 Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. BRENDA JACOBER, CITY CLERK LID344.ord (SEAL) EXHIBIT A FINAL ASSESSMENT ROLL LID #344 TRAFFIC SIGNAL AT 108TH AVENUE SE & SE 240TH STREET ASSESSMENT AMOUNT NO. DESCRIPTION 1. Ten West Kings L.P. $11,660.04 1821 Wilshire Blvd Santa Monica, CA 90403 Lot 1 Kings Place Tax Lot #387240-0010 2. Ten West Kings L.P. $17,213.41 1821 Wilshire Blvd Santa Monica, CA 90403 Lot 2 Kings Place Tax Lot #387240-0020 3. CHJ Associates $ 2,053.99 300 120th NE Bldg 3 Number 227 Bellevue, WA 98005 17-22-05 Tax Lot #9037 Lot 1 of Kent SPC 78-34 Recording No. 7812200838 Said Plat described as follows: East 1/2 of SE 1/4 of SE 1/4 of SW 1/4 less N 200 ft thereof; less County roads. Tax Lot #172205-9037 4. Behrendsen Gunterf $ 2,124.83 22802 132nd SE Kent, WA 98031 17-22-05 Tax Lot 19290 Lot 3 of Kent SPC 78-34 Recording No. 7812200838 of said plat; thence S 89°11'36" W 123.72 feet; thence N 89°44'30" W 71.87 feet; thence S 00°01'03" E along prolongation of W line E 1/2 SW 1/4 SE 1/4 SE 1/4 of said Sec 17 distance 1.00 foot to S line of S 1/2 NW 1/4 SE 1/4 SE 1/4 of said Section 17; thence S 89°44130" E along said S line 319.37 feet to Point of Beginning. Also known as Parcel "C" as delineated per City of Kent Lot Line Adjustment No LL -90-18 Recording No. 9006050223 and less W 10 feet of remainder conveyed to City of Kent by Deed under Recording No. 9106131354. Tax Lot #172205-9290 5. Robert D & Vicki L Campbell $ 2,593.52 2120 NW 98th Seattle, WA 98117 Beginning at NE corner of SE 1/4 of SW 1/4 of 17-22-5; thence S along the E line thereof 615.00 feet; thence N 89°37'08" W 324.09 feet; 1 6 7 8 10. 11 12 13. thence S 00°04158" E 243.94 feet; thence S 89°42'53" E to a point on said E line; thence N along said E line to Point of Beginning EXCEPT Public Right of Way. Tax Lot #172205-9212 Big 8 Properties 3047 32nd Ave W Seattle, WA 98199 Lot 9 Benson Crest #3 Tax Lot #073820-0090 John J. Walsh 200 S. 333rd St #250 Federal Way, WA 98003 Lot 8 Benson Crest #3 Tax Lot #073820-0080 Michael J. Fisch 22211 Cliff Ave So #204 Des Moines, WA 98198 Lot 1 City of Kent SP 79-5 Recorded under Auditors File #7905090852. Tax Lot 9073820-0070 Sam D & Raye Behar Isaac D & Eleanor Behar 5838 Seward Park Ave S Seattle, WA 98118 Lots 5 & 6 Benson Crest #3 Tax Lot #073820-0050 Randy & Linda Hawley 10714 SE 238th St Kent, WA 98031 Lot 4 Benson Crest #3 Tax Lot #073820-0040 Riviera South 10716 SE 238th Kent, WA 98031 Lot 3 Benson Crest #3 Tax Lot 073820-0030 Riviera South 10716 238th SE Kent, WA 98031 Lot 2 Benson Crest #3 Tax Lot #073820-0020 William C. Brush 24721 132nd Ct SE Kent, WA 98031 Lot 1 Benson Crest #3 Tax Lot #073820-0010 2 $ 1,062.81 $ 1,245.85 $ 803.75 $ 431.20 $ 233.94 $ 230.98 $ 252.40 $ 241.17 14. Lobruch Inc. $ 9,454.06 P.O. Box 5956 Kent, WA 98064 Tract 8 Smiths R. O. Orchard Tracts to Kent less road. Tax Lot #783080-0070 15. Holly Property Holding, Inc. $22,100.80 Highland Creste 101 E. 26th St. Suite 301 Tacoma, WA 98421 STR 20-22-05 Tax Lot #9034 NW 1/4 of NW 1/4 of NE 1/4 STR 20-22-05 Less portion within SE 240th St & 108th Ave SE. Tax Lot #202205-9034 trsignal LID TOTAL $71,702.75 3 Kent City Council Meeting Date May 17 1.994 Category Consent Calendar 1. SUBJECT: APPOINTMENT - CIVIL SERVICE COMMISSION 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Mike Pattison to the Kent Civil Service Commission. N1Y- Pattison will replace Ron Forest, who's term expired. mr- Pat Hcy^'G appointment will be in effect until 4/30/98. ` 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES n 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR' I\ DATE: MAY 11, 1994 SUBJECT: APPOINTMENT TO KENT CIVIL SERVICE COMMISSION I have recently appointed Mike Pattison to serve as a member of the Kent Civil Service Commission. Mr. Pattison is employed by the Committee to Limit Taxes and has worked as a legal assistant on EEOC cases for Bogle and Gates law firm. He will replace Ron Forest, who's term expired, and his new appointment will be in effect until 4/30/98. To be in compliance with RCW 41.12.030, Mr. Pattison will serve a four year term, but future appointments will be for six year terms. I submit this for your confirmation. JW:jb cc: Catherine Guiguet, Civil Service Secretary/Chief Examiner 1. SUBJECT: 01 Kent City Council Meeting Date May 17 1994 Category Consent Calendar STREET OVERLAYS - S. 212TH ST. & JAMES STREET - AUTHORIZE & ESTABLISH BUDGET 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, uthorization for the Mayor to sign the City/Count agreements for the S. 212th Street and the James Street overl projects and establish the budget in the amount of $263,628 (ISTEA Grant Funds) for same. ` 3. EXHIBITS: Public Works Director Memorandum and Public Works Minutes 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓/11L YES a 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F DEPARTMENT OF PUBLIC WORKS April 25, 1994 TO: Public Works C tittee FROM: Don Wickstrom, Public Works Director SUBJECT: Street Overlays: S. 212th St. - between the Green River & 42nd Ave. S. James St. - between West Valley Highway & Clark St. The City of Kent has received ISTEA funds to reconstruct the above referenced streets. Total funds available will be $263,628. Funds are to be distributed as follows: S. 212th St. - $186,628 (combination ISTEA overlay & preservation funds) James St. - $77,000 (ISTEA overlay funds) The Public Works Department is requesting that the Kent City Council authorize Mayor to sign City/County agreement and establish budgets for the above referenced projects. ACTION: Authorize Mayor to sign agreement and establish budget for same. PUBLIC WORKS COMMITTEE MAY 911994 PRESENT: JIM BENNETT TOM BRUBAKER TIM CLARK MR & MRS RUST DON WICKSTROM ABSENT: PAUL MANN Street Overlays - S. 212th Street Wickstrom stated that we have ISTEA funds to offset the cost of improvements on S 212th Street from Orillia Road to the Green River and, for James Street from West Valley Highway to East Valley Highway. He said we are requesting authorization for the Mayor to sign the agreements; the funds are about $263,000. In response to Bennett, Wickstrom said we are matching the funds with our annual overlay money so we have all that we need. Committee unanimously recommended authorizing the Mayor to sign the agreements and establish the budget for same. Proposed LID - S. 212th Street Wickstrom explained that we have a project to put HOV lanes on S. 212th from West Valley Highway to SR167. In conjunction with that project, we want to put in sidewalks, and street lights from the Green River to the valley freeway. Wickstrom said we have held an informal public meeting with the participants and received some opposition from KOA. He said that since we have this project going, we want to finish off this valley industrial corridor. In response to Mrs. Rust, Wickstrom said that we are building the street in such a way that we can add two separate bike paths behind the sidewalk. Tim Clark expressed concerns regarding the driveway exiting out of the O'Brien Elementary School site onto S. 212th. He asked if a traffic light could possibly be installed for that purpose, at that location. Wickstrom said we could only do that if the site were designated for heavily used traffic flow, i.e., a Fred Meyer store or another major development wherein the developer could participate in the cost of installing a light. Committee unanimously recommended that Council proceed with the formation of the LID. (continued m mvene sidc) P� 0 Kent City Council Meeting Date May 17, 1994 Category Consent Calendar 1. SUBJECT: PERMIT & PLAN REVIEW FEES - RESOLUTION 2. SUMMARY STATEMENT: Adoption of Resolution No. 1,3 88 establishing permit and plan review fees as recommended by the Planning Committee on May 3, 1994. 3. EXHIBITS: Resolution, Planning Committee minutes of 5/3/94 4. RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALf PERSONNEL IMPACT• NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3G RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, establishing building permit fees and building permit plan review fees. WHEREAS, the 1991 edition of the Uniform Building Code as adopted pursuant to Ordinance 3052, and as codified in Chapter 14.02 of the Kent City Code, allows for building permit fees to be established by Table 3-A of the code or by a fee schedule adopted by the City; and WHEREAS, the City Council, pursuant to Resolution 1371, adopted building permit fees established under Table 3-A of the code and established fees relating to basic plans; and WHEREAS, in adopting Resolution 1371, the Council intended basic plans to apply to detached single family residential buildings; and WHEREAS, the Council desires to clarify the language set forth in Resolution 1371 with regard to the application of basic plans to detached single family residential buildings and to clarify other matters relating to basic plans; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Fees Established. Pursuant to Section 14.02.020 of the Kent City Code, Table 3-A of the 1991 edition of the Uniform Building Code establishing building permit fees (attached hereto as Exhibit A) is hereby adopted as the City of Kent's building permit fee schedule, with the following modification: Basic Man review fees: The basic plan review fee, after, and in addition to, payment of the initial plan review fee set forth in Section 304(c) of the 1991 edition of the Uniform Building Code, shall be a fee of $50.00 for each permit issued upon a certified basic plan. Additional plan review fees shall also be assessed at an hourly rate as set forth in Table 3-A for additional plan review required for changes, additions, or revisions to approved plans. Section 2. Basic Plans. Basic plans shall be administered as follows: A. "Basic plans" are defined as complete plans for an entire detached single family residential building, approved as such by the building official, which: 1. Are clearly marked as being approved and certified as basics by the building official; 2. Bear the author's (including but not limited to architect, engineer, or others) acknowledgement and approval of the plans submitted for use in the construction of a number of buildings, without any limitation of quantity or location. If any portion is designed by a licensed architect or engineer, this acknowledgement shall bear the author's stamp and signature. 3. Basic plan review fees shall apply only to detached single family residential buildings and shall apply only to the originating owner or applicant. 4. Changes to basic plans which alter the exterior dimensions or structure of the building shall be treated as a new permit application. Ka B. The process for administering basic plans shall be as follows: 1. Any person may apply for plan review and certification of a basic by filing with the building official a written request for such plan review and certification, along with two or more complete sets of plans and the normal plan review fee. 2. Upon completion and approval of plan review, the applicant shall provide reproducible copies of complete approved plans to the building official. C. The City building official is authorized and empowered to interpret and determine the applicability and administration of the provisions of this resolution. Section 3. The fees established by this resolution shall become effective upon the date of adoption of this resolution. Section 4. This resolution supersedes Resolution No. 1371 passed by the City Council of the City of Kent, Washington on October 19, 1993. 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 3 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. bldtees.res (SEAL) BRENDA JACOBER, CITY CLERK 4 1991 UNIFORM BUILDING CODE 3-A TABLE NO.3-A—BUILDING PERMIT FEES FEE TOTAL VALUATION $1 .00 to $500.00 $15.00 $501.00 to 52,000.00 tion 1$100 00 Oror the sfraction0tthereof' to and includinlus S2.00 for each ddi- $2,000.00 lus .00 for each addi 32,001.00 to $25,000.00 $45.00 on l$1,000e00t or fracctrst tiiionOthereof,to and includ na $25,000.00 S252.0us $25,001.00 to $50,000.00 additional oS 11,000.00 or e first race o0 pthereof 5to and each $50,000.00 ch for the first for a 550,001.00 to 5100,000.00 conal'$1.000.00 or350fraacOtionOtthereof,Plus..to0andincludiidntg $100,000.00 $100,001.00 to 3500,000.00 5639-50 1rthe ft1 plesf t50 nl500000orrationtood includo 5500,000.00 5500,001.00 to 52,039.50 for the first $500,000.00 plus 53.00 for each S 1,000,000.00 additional $1,000.00 or fraction thereof, to and including $1,000,000.00 S 1,000,001.00 and up 53,539.50 for the first $1,000,000.00 plus $2.00 for each additional 51,000.00 or fraction thereof Other Inspections and Fees: $30.00 per hour* 1. Inspections outside of normal business hours ........ (minimum charge—two hours) 2. Reinspection fees assessed under provisions of $30.00 per hour* Section 305 (�) . • —s " —i • " • ' n d . 530.00 per hour* 3. Inspections for which no fee is specifical}y indicated ...... (minimum charge --one-half hour) 4. Additional plan review required by changes, additions $30.00 per hour* or revisions to approved pians ... • . • (minimum charge--ane-half hour) iction, whichever is the areThis sshall *Or the total o the ein- quipment, hourly wa es and frin e benefits of theeployee supervisinclude volved. EXHIBITA CITY COUNCIL PLANNING COMMITTEE MINUTES MAY 31 1994 PAGE 2 TOM SHARP DISCUSSION OF SHARP ANNEXATION (L. Orr Planning Director Jim Harris briefly went over the March 221 1994 memo to the Mayor and Council on the Status of Pre -zoning for Annexations. The memo stated there is a Council policy specifically stating that the City shall not initiate zoning hearings for an land until the annexation ordinance has been adopted by the Council. Also, the Zoning Code pecifies that upon annexation of shalls scommence all necessary steps to zone ePlanning Director such property. There was much discussion of the current policy. Councilmember Clark MOVED and Councilmember Johnson SECONDED a motion to not change the current annexation policy. Motion carried. PERMIT AND PLAN REVIEW FEES RESOLUTION (B. Hutchinson) This item was continued from the April 29, 1994 Committee meeting. The memorandum included in the agenda packet clearly indicates the original intent was to offer a service of providing a basico form of plan review for single family buildings only. Hutchinson recommended that the Committee adopt the C rtesollution t Roger hat was brought to the meeting on April 19, 1994 by Y Lubovich that basic plan review is for detached single family dwellings only. This resolution was passed out again at this meeting and briefly gone over by the Committee members. Councilmember Clark MOVED and Councilmember Johnson SECONDED a motion to adopt the resolution as it was presented at the Committee meeting with the highlighted changes and to forward this resolution for adoption to the Council at the May 17, 1994 Council meeting. Motion carried. ADDED ITEMS ADJOURNMENT The meeting adjourned at 5:00 p.m. PC0503.MIN Kent City Council Meeting Date Mav 17 1994_ Category Consent Calendar ADMINISTRA jV j' Vl\ a SUBJECT: ASSISTANT I - OPERATIONS DEPARTMENT SUMMARY STA EMENT: ermanent full uthorization to increase artrtimeAtolplstrative Assistant I position from permanent p rA r^(}{ -C e - time CLS reCny1A,�neVndecd 10y .fie � e/cc+ion5 Co 3. EXHIBI_Ts- Memorandum to Operations Committee Chair (Revised) 4. RECOMMENDED BY: Ove ations Committeession, etc.) (Committee, Staff, Examiner, o UNBUDGETED FISCAL PERSONNEL IMPACT: NOS_ YES 6. xYVFNDITURE REQUIRED: $9,898 SOURCE OF FUNDS.. General Fund 7. CITY COUNCIL ACTION: Councilmember moves, DISCUSSION: ACTION: Councilmember seconds Council Agenda Item No. 3H MEMORANDUM DATE: May 6, 1994 TO: Jon Johnson, Operations Committee Chair Christi Houser, Operations Committeemember Leona Orr, Operations Committeemember FROM: J. Brent McFall, Director of Operations �/� SUBJECT: Authorization for Full Time Administrative Assistant I (Revised) The Mayor's Office and Operations would like to request that the current part time Administrative Assistant I position be authorized to a full time position. This position is currently budgeted at 62.5% of full time. Increasing this position to full time would represent an increase of approximately $18,274.00 annually. $12,651.60 in base wages and $5,622.40 in benefits. (Permanent part time positions currently receive full medical benefits.) This additional expenditure is needed to help support a full time Mayor as well as the Operations Department. Thank you for your consideration of this request. //0 Kent City Council Meeting Date May 17, 1994 Category Consent Calendar 1. SUBJECT: JONES/HOBBS ANNEXATION (AN-94-1) 2. SUMMARY STATEMENT: Acceptance of the 60% petition and direction to staff to file the Notice of Intent document for review and approval by the Boundary Review Board (BRB). This annexation is approximately 25 acres and is located at the northwest corner of 100th Avenue S.E. and S. 222nd Street. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL(PERSONNEL IMPACT• NO_yl*� YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I JONES/HOBBS ANNEXATION (RN -G4-01 1 � I C` �Lt • r � j Site of Annexation � 9r,�-, 0( 140 1MANI, County / City Boundary» O N 1. E SUBJECT: Kent City Council Meeting Date May 17, 1994 Category Consent Calendar APPOINTMENT - CITY TRANSIT ADVISORY BOARD SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Mike Etzell to the City Transit Advisory Board. ft)C. Etzell f P �''} -- --` "a.•;s nr "_ will replace Richard Loran, whose term expiK.red.=W14 appointment will be in effect until 4/30/96. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 31 MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEM ERS FROM: JIM WHITE, MAYO \ DATE: MAY 12, 1993 SUBJECT: APPOINTMENT TO CITY TRANSIT ADVISORY BOARD I have recently appointed Mike Etzell to serve as a member of the City Transit Advisory Board. Mr. Etzell has an interest in Kent's future and especially in transit plans. Mr. Etzell will replace Richard Loran, whose term expired, and his new term will continue to 4/30/96. I submit this for your confirmation. JW:jb Kent City Council Meeting Date May 17. 1994 Category Other Business 1. SUBJECT: SALE AND DISCHARGE OF FIREWORKS _.. 2. SUMMARY STATEMENT: On May 3, the City Council passed Ordinance 3164 restricting the sale and discharge of fireworks within the City of Kent. The Council also moved to further consider a ban on the sale and discharge of fireworks for 1995. Following adoption of Ordinance 3164, it was realized that there was an error in the time period when fireworks may be discharged. Pursuant to RCW 70.77.395, fireworks may only be sold or discharged between the hours of 9 a.m. and 11 p.m. on the days they are authorized for sale or discharge. The ordinance allows the discharge of fireworks to midnight on the 4th of July, which is one hour past the time allowed by state statute. 6r wo ordinancesnfor Council consideration. The first one repeals Ordinance 3164 and makes the necessary changes to conform with state statute. The second ordinance does the same thing, but also adds a ban on the sale and discharge of fireworks for 1995. Since th ._..Public Safety Committee meeting was held yesterday, both ordinances -as considered by the committee are included in the Council packet. Tae-zommi.ttee's recommendation on these ordinances will be presented at time-of_Council consideration. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ None SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember U tnv moves, Councilmember seconds that Ordinance No. b regarding the sale and discharge of fireworks be adopted. DISCUSSION: ACTION: Council Agenda Item No. 4A OFFICE OF THE CITY ATTORNEY DATE: May 11, 1994 TO: Mayor Jim White Kent City Council FROM: Roger Lubovich , RE: FIREWORKS ORDIN E On May 3, the City Council passed Ordinance 3164 restricting the sale and discharge of fireworks within the City of Kent. The Council also moved to further consider a ban on the sale and discharge of fireworks for 1995. Following adoption of Ordinance 3164, it was realized that there was an error in the time period when fireworks may be discharged. Pursuant to RCW 70.77.395, fireworks may only be sold or discharged between the hours of 9 a.m and 11 p.m. on the days they are authorized for sale or discharge. The ordinance allows the discharge of fireworks to midnight on the 4th of July, which is one hour past the time allowed by state statute. Enclosed are two ordinances one repeals Ordinance 3164 conform with state statute. thing, but also adds a ban for 1995. for Council consideration. The first and makes the necessary changes to The second ordinance does the same on the sale and discharge of fireworks Since the Public Safety Committee meeting is to be held the day before the Council meeting, both ordinances will be included in the Council packet. fireuks.mem ORDINANCE NO. __--- AN ORDINANCE of the City of Kent, Washington, restricting the time for sale of fireworks, limiting the time for discharge of fireworks and repealing Ordinance No. 3164. WHEREAS, pursuant to RCW 70.77.395 and pursuant to the Washington Supreme Court decision, Brown v.Yakima, 116 Wn.2d. 556 (1991), the City has the authority to restrict the sale and discharge of fireworks; and WHEREAS, the Kent City Council adopted Ordinance No. 3164 restricting the sale and discharge of fireworks within the City of Kent; and WHEREAS, pursuant to RCW 70.77.395, common fireworks may only be sold or discharged between the hours of 9:00 a.m. and 11:00 p.m. on the days authorized for sale or discharge, and Ordinance No. 3164 allows the discharge of fireworks until 12:00 midnight, which inconsistency in hours should be corrected and clarified; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals Incorporated. The foregoing recitals are by this reference incorporated herein and made a part hereof. Section 2. Repealed. Ordinance No. 3164 restricting the sale and discharge of fireworks, adopted by the Kent City Council on May 3, 1994, is hereby repealed in its entirety. Section 3. New Section. The following new section 13.05.005 shall be added to the Kent City Code: Sec. 13.05.005. Sale and discharge of fireworks. Except as may be provided in Section 70.77.311 of the Revised Code of Washington, no common fireworks shall be sold within the municipal limits of the City of Kent except from 12:00 noon on the twenty-eighth day of June to 11:00 p.m. on the fourth day of July between the hours of 9:00 a.m. and 11:00 p.m. No common fireworks may be discharged at any time except between the hours of 9:00 a.m. and 11:00 p.m. on the fourth day of July. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR V4 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 19— APPROVED the day of 19— PUBLISHED the day of 19— I hereby certify that this is a true and correct copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent hereon indicated. FiREWRK5.ord BRENDA JACOBER, CITY CLERK 3 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, restricting the time for sale of fireworks, limiting the time for discharge of fireworks, banning the sale and discharge of fireworks beginning in 1995 and repealing Ordinance No. 3164. WHEREAS, pursuant to RCW 70.77.395 and pursuant to the Washington Supreme Court decision, Brown v.Yakima, 116 Wn.2d. 556 (1991), the City has the authority to restrict the sale and discharge of fireworks; and WHEREAS, the Kent City Council adopted Ordinance No. 3164 restricting the sale and discharge of fireworks within the City of Kent for 1994, deferring discussion of a total ban for 1995 to a later date; and WHEREAS, pursuant to RCW 70.77.395, fireworks may only be sold or discharged between the hours of 9:00 a.m. and 11:00 P.M. on the days authorized for sale or discharge, and Ordinance No. 3164 allows the discharge of fireworks until 12:00 midnight, which inconsistency in hours should be corrected and clarified; and WHEREAS, after consideration, the City Council has determined that it is in the City's best interest to ban the sale and discharge of fireworks within the City of Kent beginning in 1995 in order to protect the health, safety and general welfare of its residents due to the injuries to person and property experienced each year and the impact on the City responding to emergency calls resulting from the discharge of fireworks; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals Incorporated. The foregoing recitals are by this reference incorporated herein and made a part hereof. Section 2. Repealed. Ordinance No. 3164 restricting the sale and discharge of fireworks, adopted by the Kent City Council on May 3, 1994, is hereby repealed in its entirety. Section 3. New Section. The following new section 13.05.005 shall be added to the Kent City Code: Sec 13.05.005. Sale and discharge of fireworks. A. Restrictions Except as may be provided in Section 70 77 311 of the Revised Code of Washington, no common fireworks shall be sold within the municipal limits of the citV of Kent except from 12:00 noon on the twenty-eighth day of June to 11.00 12-m- on the fourth day of July between the hours of 9.00 a.m. and 11:00 P.m. No common fireworks may be discharged at any time exce t between the hours of 9.00 a.m. and 11:00 p.m. on the fourth day of July. The provisions of this subsection shall remain in effect until and including June 20, 1995. B. Ban Except as may be provided in Section 70.77.3 11 of the Revised Code of Washington. no common fireworks shall be sold or discharged at any time or 2 place within the municipal limits of the City of Kent after June 20 1995 at which time the provisions of subsection 13.05-005(A) shall have no force or effect. Section 4. Severability• The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of APPROVED the day of PUBLISHED the day of 91 JIM WHITE, MAYOR 19_ 19_ 19_ I hereby certify that this is a true and correct copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent hereon indicated. FIREWRK4.ord BRENDA JACOBER, CITY CLERK 4 OA P Kent City Council Meeting Date May 17 1994 Category Other Business 1. SUBJECT: HEARING EXAMINER QPQI 1TN4 2. SUMMARY STATEMENT: 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. This ordinance also amends code Section 12.04.250 by establishing that appeals of decisions of the Short Subdivision Committee be heard by the Hearing Examiner rather than the City Council. The purpose of these amendments is to establish a single, efficient, integrated system for interpreting, review- ing, and hearing and conducting appeals with regard to land use decisions, administrative decisions, and other matters. This ordinance '' ' ' ger. eens e ,�€ommittee meet-i-ng--o-f--May -17, 3994. Wa-5 cl r 5CUSSeel 3. EXHIBITS: Ordinance �(ct n o ih 5 4-od0y. 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5 Fn 7. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds adoption of Ordinance No.31LA amending Chapter 2.32 relating to the Hearing Examiner, repealing Chapter 12.01 relating to the Board of Adjustment, and making other related amendments. DISCUSSION: ACTION: Council Agenda Item No. 4B ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending Chapter 2.32 entitled "Office of the Hearing Examiner", amending KCC 12.04.250 relating to appeals of decisions of the short subdivision committee; and repealing Chapter 12.01 KCC relating to the Board of Adjustment. WHEREAS, it is in the City's best interest to establish a single, efficient, integrated system for interpreting, reviewing, and hearing and conducting appeals with regard to land use decisions, administrative decisions, and other matters; and WHEREAS, in order to establish such a system, the City Council has determined it appropriate to consolidate functions by eliminating the Board of Adjustment and by providing that all matters previously heard by the Board of Adjustment be heard by the City's hearing examiner and by consolidating the hearing of other matters; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code (KCC) Chapter 2.32 is hereby amended as follows: CHAPTER 2.32. OFFICE OF HEARING EXAMINER Sec. 2.32.010. Purpose. It is the purpose of this chapter te: A. With regard to land use matters to: 1. Provide a single, efficient, integrated land use regulatory hearing system; 2. Render land use regulatory decisions and recommendations to the city council; 3. Provide a greater degree of due process in land use regulatory hearings; 4. Separate the land use policy formulation and the land use policy administration processes. B. With regard to other matters to: 1. Provide a single efficient integrated system for hearing_ appeals of administrative decisions. 2. Provide a forum to hear other matters as established by City code. Sec. 2.32.020. Creation. The office of the hearing examiner is created. The hearing examiner shall interpret, review, and implement land use regulations, hear appeals from orders recommendations permits, decisions or determinations made by a city official as set forth_ in this chapter; and review and hear other matters as provided for in this Code and other ordinances. The term "hearing examiner" shall likewise include the examiner pro -tem. Sec. 2.32.030. Appointment and terms. The hearing examiner and examiner pro -tem shall be appointed by the e'_`_1 and shall serve at the pleasure of the __ty _dfni-etYater mayor. K Sec. 2.32.040. Compensation. The hearing examiner and examiner pro -tem may, at the discretion of the city council, be classified as permanent part- time employees, or the city may contract with the hearing examiner and examiner pro -tem for the performance of duties described in the Code. The compensation paid the hearing examiner and examiner pro -tem shall be that established in the city annual budget. Sec. 2.32.050. Qualifications. The hearing examiner and examiner pro -tem shall be appointed solely with regard to their qualifications for the duties of the office which shall include, but not be limited to, persons with appropriate educational experience, such as an urban planner or public administrator, with at least five (5) years' experience, persons who have extensive experience in planning work in a responsible capacity, and persons with legal experience, particularly where the experience is in the area of land use management of administrative law. Sec. 2.32.060. Hearing examiner pro -tem; qualifications and duties. In the event of the absence or the inability of the hearing examiner to act, the examiner pro -tem shall have all the duties and powers of the hearing examiner. Sec. 2.32.070. Conflict of interest. The hearing examiner shall not conduct or participate in any hearing or decision in which the hearing examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his decision-making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. Participants in the land use regulatory process have the right, insofar as possible, to have a hearing examiner free from personal interest or prehearing contacts on land use regulatory matters considered by him. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or prehearing interest contact impairs the hearing examiner's ability to act on the matter, such person shall so state and shall abstain therefrom to the end that the proceeding is fair 3 and has the appearance of fairness, unless all parties agree in writing to have the matter heard by that hearing examiner. Sec. 2.32.080. Freedom from improper influence. No city council member, city official or any other person shall attempt to interfere with, or improperly influence the hearing examiner in the performance of his designated duties. Sec. 2.32.090. Duties. The hearing examiner shall have the following duties with respect to applications of matters submitted before him or her. A. Types of applications_ 1. Decisions of the Hearing Examiner. The hearing examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact and conclusions based upon these facts, which conclusions shall represent the final action on the application, unless appealed, as specified in this section for the following a. Conditional use permits; b. Shoreline permits; C. Sign variances; d. Planned unit developments; e. Multifamily design review; and f. Business license denials, revocations. g_ Code violations pursuant to Chapter 1.04. h. Appeals of a decision of the short subdivision committee. 4 i. Appeals from orders, recommendations Permits, decisions or determinations made by a city official in the administration or enforcement of the Provisions of the zoning code or any ordinance adopted pursuant to it j_ Applications for variances from the terms of the zoning code provided however, that no application for a variance shall be granted unless the hearing examiner finds• i. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the Property on behalf of which the application was filed is located• ii. That such variance is necessar because of special circumstances relating to the size shape topography, location or surroundings of the subject Property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located• and iii. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subiect property is situated k. Such other matters as may be designated by ordinance. 2. Recommendations of the Hearing Examiner. The hearing examiner shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the city council, for the following p, at a. Rezones; b. Preliminary plats; C. Special use combining districts, including mobile home park combining districts; d. Initial zoning designations for annexed areas or zoning designations for proposed annexations to become effective upon annexation. e. Such other matters as may be designated by ordinance. 3. The hearing examiner shall conduct public hearings when required under the provisions of the state environmental policy act; conduct public hearings relative to possible revocation of any conditional use permit; conduct such other hearings as the city council may for time to time deem appropriate. 4. References. All references in the city code and elsewhere to the Board of Adjustment shall be construed as referring to the hearing examiner. B. Recommendation or decision. 1. The hearing examiner's recommendation or decision may be to grant or deny the application, or the hearing examiner may recommend or require of the applicant such conditions, modifications and restrictions as the hearing examiner finds necessary to make the application compatible with its environment; with applicable state laws; and to carry out the objectives and goals of the comprehensive plan, the zoning code, the subdivision code, and other codes and N. ordinances of the city. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of additional road rights-of-way. Performance bonds or other financial assurances may be required to insure compliance with conditions, modifications and restrictions. 2. In regard to applications for rezones, preliminary and final plat approval and special use combining districts, the hearing examiner's findings and conclusions shall be submitted to the city council, which shall have the final authority to act on such applications. The hearing by the hearing examiner shall constitute the hearing by the city council. Sec. 2.32.100. Applications. Applications for all matters to be heard by the hearing examiner shall be presented to the planning department. When it is found an application meets the filing requirements of the planning department, it shall be accepted. The planning department shall be responsible for assigning a date for the public hearing for each application. The date shall not be more than one hundred (100) days after the applicant has complied with all requirements and furnished all necessary data for the planning department. Sec. 2.32.110. Report by planning department. The planning department shall coordinate and assemble the comments and recommendations of other city departments and governmental agencies having an interest in the application and shall prepare a report summarizing the factors involved and the planning department findings and supportive recommendations. At least seven (7) calendar days prior to the scheduled hearing, the report shall be filed with the hearing examiner and copies shall be mailed to the applicant and shall be made available for use by any interested party for the cost of reproduction. 7 Sec. 2.32.120. Public hearing. A. Before rendering a decision or recommendation on any application, the hearing examiner shall hold at least one (1) public hearing thereon.. B. Notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given at least ten (10) days prior to such hearing. C. The hearing examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter and also to administer oaths, and preserve order. Sec. 2.32.130. Decision and recommendation. A. When the hearing examiner renders a decision or recommendation, the hearing examiner shall make and enter written findings from the record and conclusions therefrom which support such decision. The decision shall be rendered within ten (10) working days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner. The copy of such decision, including findings and conclusions, shall be transmitted by first class mail, to the applicant and other parties of record in the case requesting the same. There shall be kept in the planning department a signed affidavit which shall attest that each mailing was sent in compliance with this provision. B. In the case of applications requiring city council approval, the hearing examiner shall file a decision with the city council at the expiration of the period provided for a rehearing, if one is conducted or within ten (10) working days following conclusion of all testimony and rehearings on the matter. Sec. 2.32.140. Reconsideration. Any aggrieved person feeling that the decision or recommendation of the hearing examiner is based on erroneous procedures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing, may make a written request for reconsideration by the hearing examiner within fourteen (14) days of the date the decision or recommendation is rendered. This request shall set forth the specific errors or new information I. relied upon by such appellant, and the hearing examiner may, after review of the record, take further action as he deems proper. Sec. 2.32.150. Appeal of decision. A. Any party who feels aggrieved by the hearing examiner's decision may submit an appeal in writing to the city council within fourteen (14) calendar days from the date the final decision of the hearing examiner is rendered, requesting a review of such decision unless such appeal to the city council is specifically precluded by ordinance. WO(j fog OjJej k erer B. The appeal shall be upon the record established and made at the hearing held by the hearing examiner, provided that new evidence which was not available at the time of the hearing held by the hearing examiner may be included in such appeal. The term "new evidence" shall mean only evidence discovered after the hearing held by the hearing examiner and shall not include evidence which was available or which could reasonably have been available and was simply not presented at the hearing for whatever reason. C. The written appeal shall allege specific errors of fact, specific procedural errors, omissions from the record, errors in the interpretation of the comprehensive plan or new evidence which was not available at the time of the hearing held by the hearing examiner. D. Upon such written appeal being filed within the time period allotted and upon payment of fees as required, a hearing shall be held by the city council. Such hearing shall be held in accordance with appeal procedures adopted by city council by resolution. if the lti'rea---ing e3Eam±nes—has i-eeefnfRend , c NNY eaidneil at thesame times —as the eensrdeicat}en of the ajapeal. No appeal may be made from a recommendation of the hearing examiner._ Sec. 2.32.160. City council action. A. Any application requiring action by the city council shall be taken by the adoption of a motion, resolution or ordinance by the city council. When taking any such final action, the city council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The city council may adopt all or portions of the hearing examiner's findings and conclusions. W1 B. In the case of an ordinance for rezone of property, the ordinance shall not be placed on the city council's agenda until all conditions, restrictions or modifications which may have been stipulated by the city council have been accomplished or provisions for compliance made to the satisfaction of the legal department. C. The action of the city council approving, modifying, or rejecting a recommendation or decision of the hearing examiner, shall be final and conclusive, unless within twenty (20) calendar days from the date of the city council action, an aggrieved party or person applies for a writ of certiorari to the superior court for the purpose of review of the action taken. Sec. 2.32.170. City administrative staff to be considered a person or party. For the purpose of sections 2.32.140 and 2.32.150, the city's administrative staff shall be considered a "person" and/or "party" and shall have the same rights as any other person or party to make requests for reconsideration by the hearing examiner or to appeal decisions of the hearing examiner to the city council. Section 2. Kent City Code Section 12.04.250 is hereby amended as follows: Sec. 12.04.250. Appeal of short subdivision committee decision. The decision of the short subdivision committee shall be final, unless an appeal by any aggrieved party is made to the ;ty eeuneil hearing examiner within fourteen (14) days after the short subdivision committee's decision. The appeal shall be in writing to -the eity eeuneil ., filed .,-k ht lerk�r�a gl-an�ra•g--de}aa�t�ment . �'�e—e•i-t�-e�e�n�e-i, shall _t e ...� the crreaq� within -twenty ene -„ ) da unless an mtensien Is _-ee t writing,by the pa ei t and shall be processed pursuant to Chapter 2.32 of the Kent City Code. Section 3. Repeal. Chapter 12.01 of the Kent City Code entitled "Board of Adjustment" is hereby repealed in its entirety effective ninety (90) days after the effective date of this ordinance to allow for the processing of matters pending 10 before the Board of Adjustment, as set forth in Section 4 below. Section 4. Matters Pending Before the Board of Adjustment and the Filing of New Applications. All matters filed and pending before the Board of Adjustment, prior to the effective date of this ordinance, shall be heard by the Board of Adjustment unless the applicant agrees to transfer the matter to the hearing examiner. All applications filed beginning on the effective date of this ordinance shall be heard by the hearing examiner. Section 5. References to Board of Adjustment. Notwithstanding Kent City Code provision 2.32.090(A)(4), as set forth in Section 1 above, all references in the city code and elsewhere to the Board of Adjustment shall be construed as referring to the hearing examiner except when applied to those matters filed and pending before the Board of Adjustment prior to the effective date of this ordinance and subsequently heard by the Board of Adjustment. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of its application to other persons or circumstances. 11 Section 7. Effective Date. This ordinance shall take effect and be in force (30) days from the time of its final passage as provided by law. ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of APPROVED the PUBLISHED the day of day of JIM WHITE, MAYOR 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. hearexam.ord 12 (SEAL) BRENDA JACOBER, CITY CLERK Kent City Council Meeting d Date MaV 17 1994 Category Other Business 1. SUBJECT: LAKE FENNICK CABIN REMOVAL 2. SUMMARY STATEMENT: The recent purchase of additional property at Lake Fenwick park included 13 cabins which have since been vacated through a relocation program. The vacant buildings have created a hazardous situation and all attempts to control intruder hav been unsuccessful thereby creating an emergency situation~'�requested that a resolution be adopted finding that an emergency exists and requiring the immediate demolition of the structures. 3. EXHIBITS: Site map 4. RECOMMENDED BY: ParKs uepz. ., (Committee, Staff, Examiner, 3 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: ssion, etc.) NO YES X Funds are available thr ugh the two park acquisition grant sources: Interagency mmittee for Outdoor Recreation and King VP 90,4 County Bond monies. n {' �flb rQ.� 1 r V � y t eml 7. CITY COUNCIL ACTION: ��' Dani aPQ�uc� Kc 0Q__� move, o ncilmeQx-- econds Councilmember 4aci -- to approve Resolution NoJSj declaring that an emergency existsland requiring the immediate removal of all vacant structures., DISCUSSION: ACTION• Council Agenda Item No. 4C RESOLUTION NO A RESOLUTION of the City Council of the City of Kent, Washington, relating to thirteen (13) City -owned cabins and appurtenant facilities located on Lake Fenwick Park property, finding that an emergency exists, and requiring the immediate demolition of the cabin structures. WHEREAS, the City recently purchased additional property adjacent to Lake Fenwick Park (a map indicating this property is attached as Exhibit A, attached hereto and incorporated herein by this reference); and WHEREAS, as part of this property purchase, the City also became owner of thirteen (13) cabins, in various states of disrepair (the approximate location of these cabins is indicated on Exhibit A); and WHEREAS, as a part of purchasing this property and these cabins, the City was required by state law to relocate the persons then living in these cabins; and WHEREAS, the City's final plan for Lake Fenwick Park improvements showed an intent to demolish and remove the cabins and their appurtenant facilities from the park property; and WHEREAS, after completing all required relocation, the cabins became vacant and untenanted; and 1 WHEREAS, since becoming vacant, the City has taken all reasonable steps to safeguard the cabins by posting "No Trespassing" signs, by boarding up windows and doors and by implementing all other reasonable measures to protect the property and park users; and WHEREAS, in spite of City efforts, the cabins have been repeatedly vandalized, forced open, and otherwise damaged; and WHEREAS, the City believes that this vandalism and damage is unavoidable and that it will increase in the summer months after the close of the 1993-1994 school year; and WHEREAS, the continued vandalization of the cabins poses an immediate threat to the health, safety and welfare of Lake Fenwick Park users and a liability to the City of Kent; and WHEREAS, because of the immediate threats to public health and safety and to public property, an emergency exists that requires the immediate removal of the thirteen Lake Fenwick cabins and their appurtenant facilities without the benefit of any State Environmental Policy Act ("SEPA") review, if SEPA review would be applicable to this demolition project, or of the City's public bidding requirements for public works projects. NOW, THEREFORE, The City Council of the City of Kent, Washington, -does hereby resolve as follows: Section I. The above -listed findings and recitals are found to be true and correct in all respects. Section 2. The City Council finds that the thirteen existing cabins indicated on the map attached as Exhibit A on the City's Lake Fenwick Park property are now in a hazardous and dangerous 2 condition that constitutes both a threat to public health and - safety as well as an imminent danger to public property. Section 3. The City Council finds that an emergency condition exists necessitating the immediate demolition of these thirteen cabins and their appurtenant facilities on the City's Lake Fenwick Park property. Section 4. Because the.City must take immediate action due to this emergency, the City Council finds that, if SEPA were to apply to the demolition of these cabins, the City's action would be categorically exempt from SEPA requirements because of this emergency situation pursuant to WAC 197-11-880, and the City Council also finds that this action shall also be exempt from the City's public bidding requirements for public works projects. Section S. As a result of this emergency condition, the City's Director of Parks and Recreation is authorized to implement and proceed with the prompt demolition of these thirteen cabins and their appurtenant facilities on the City's Lake Fenwick Park property under such terms and conditions as he deems appropriate to alleviate the emergency condition. Section 6. The City's Director of Parks and Recreation also shall, to the extent reasonably possible, comply with the substance of both state and local SEPA laws and all applicable public bidding requirements. 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. IM WHITE, MAYOR 3 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, on the day of , 1994. LKFENDEM.prk CITY CLERK 4 (SEAL) Lai renWicl- Parr property 1NDARY -eation Jton Park Lundary 1�pical 9 Cabins 7 Park Acquisition Site EXHIBIT Trail Acquisition ' Site �L otj P� ?r Kent City Council Meeting Date May 17, 1994 Category Bids 1. SUBJECT: DERBYSHIRE WATER MAIN REPLACEMENT 2. SUMMARY STATEMENT: T�-e Kid opening for this project was held -Tr,- May rnMay 10th with six bids received. The low bid was submitted by cher Construction, Inc. in the amount of $258,340.21. The ngineer's estimate was $304,724.20. The project consists of the installation of a water main with various related appurtenances. The Public Works Director has recommended that this bid be accepted and the contract awarded to Archer Construction, Inc. JMAdd So MOJE�D. �e+�net( Scrvnded a 'Me Yv�o i i i C a,(, e ci 3. EXHIBITS: Public Works Director Memorandum 4. 7 N 7. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember, econds that the Derbyshire Water Main Replacement contract be awarded to Archer Construction, Inc. for the bid amount of $258,340.21. DISCUSSION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS MAY 17, 1994 TO: Mayor & City Council FROM: Don Wickstrom V� RE: Derbyshire Watermain Replacement Bid opening was May 10th with six bids received. The low bid was submitted by Archer Construction, Inc. in the amount of $258,340.21. It is recommended by the Public Works Director that this bid be accepted and the contract awarded to Archer Construction, Inc. BID SUMMARY Archer Construction, Inc. $258,340.21 Gary Merlino Construction $270,363.51 Pape & Sons Construction $272,170.61 Paramount Pacific Corp. $279,499.54 King Construction Company $284,653.48 Pivetta Bros. Construction $326,550.41 Engineer's Estimate $304,724.20 CONTINUED COMMUNICATIONS R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTE C. PUBLIC WORKS COMMITTE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMI F. PARKS COMMI G. ADMINISTRATIVE REPOR OPERATIONS COMMITTEE MINUTES March 9, 1994 COMMITTEE MEMBERS PRESENT: Christi Houser, Leona Orr STAFF PRESENT: Ed Allen, Charlie Lindsey, Roger Lubovich, Brent McFall, May Miller, Rose Nelson, Kelli O'Donnell, Mike Sweeney MEMBERS OF THE PUBLIC: Pat Curran, Dee Moschel, Jean Parietti The meeting was called to order at 9:35 a.m. by Acting Chairperson Houser. Approval of Vouchers All claims for the period ending February 28, 1994, in the amount of $1,400,407.42 were approved for payment. Kent Downtown Partnership Letter of Agreement Director of Operations Brent McFall informed the Committee that the letter of agreement with the Kent Downtown Partnership is simply to formalize the funds the city appropriates for the downtown promotion provided by K.D.P. McFall noted that this is just a formality and that staff would recommend that Council approve authorization for the signing of the agreement. Orr so moved, Houser seconded and the motion passed 2-0. Savings from Reorganization McFall noted that the Committee had asked to have this item come back to the Committee. McFall reported that he had not put together a written report and that currently any reorganization was at a break even point. McFall noted that he had not been on board when this had occurred but no changes had been implemented which would result in a savings. The reorganization of Operations were replacements of previous positions which did not result in any savings. Houser questioned the savings of not hiring a Public Safety Director. McFall responded that no reorganization impacting that area had occurred. Houser asked if the Parks Director salary was included in this report. McFall asked for clarification of the question. Houser questioned whether the new Parks Director would be an increase over the current acting Director. McFall responded that the salary range remained the same for the Parks Director position but the package would have to be negotiated with whomever was selected. Report Saiary Ranke for Parks Director and Public Information/Governmental Affairs Manager Orr questioned whether the salary range in the agenda package was the same one used in the past. McFall replied that it was the same other than the 2 %% COLA which all non -represented employees received. McFall noted that in the comparable figures some larger cities were included due to the fact that the parks department serves a large amount of unincorporated King County. McFall pointed out that in comparison the city range seems to be right in the ball park. He added that the ranges are rather wide from a low bottom to a high top which still holds in comparison to other cities and allows for competitiveness in the market place. McFall noted that the Public Information/Governmental Affairs Manager position was more tricky because there is not another position to compare it to. By combining public information, governmental affairs, economic development and ombudsman functions it is essentially not comparable due to the fact that each city handles these functions differently. After further discussion, Houser asked what the range was. McFall replied he did not have the figures in front of him but Mr. Martin was at the mid -point which would be about $68,000. 1 OPERATIONS COMMITTEE MINUTES, CONT. Council Chamber Remodel Lindsey stated that the current plan proposes moving the dais out, adding the handicap ramps, resurfacing the top and doing some finish work. Houser stated that she would like to propose that only two staff seats remain least open their agenda books. McFall noted that this on the dais to provide more width so that Council can at may increase the price due to changing the cabinets. Orr added that this would also be helpful to the Planning Commission which has nine members as well as other committees. Miller noted that the Capital Improvement Fund had $88,000 in unappropriated funds. McFall asked if $12,000 was comfortable to the Committee. Orr and Houser stated that it was. Report S 1a!'.Y �ange for Parks DirectQr Directanct ru- McFall noted he had the information requested for the previous item. The range for the Public Information/ Governmental Affairs Manager was $56,712-$80,772 and Mr. Martin is at the mid -point at $68,748. Police Buy Fund Or mance Miller asked for authorization to amend City Ordinance 3.41 to add an investigative buy account for the Police Department. This account would not exceed $10,000 and will be used for investigative enforcement activities not related to drugs or gambling which are already authorized. Miller noted that an additional section was added for investigation of such crimes as stolen items or prostitution. Funds are in the 1994 budget but this ordinance needs to be passed to allowtheir expenditure. Miller introduced Mike Sweeney who thanked Ed Allen and May Miller for their work. Sweeney noted that no funds could be used lawfully for stings, etc. there are no lawful means except for drugs and gambling. Sweeney asked that this account be added for investigation of crimes such as fire arms or other investigations. Lubovich noted that the section on page 5 part 7 is not highlighted which is the new section. The ordinance to Council would underline this section. Orr moved to recommend approval, Houser seconded and the motion passed 2-0. Other Business McFall noted that the representative from Harrison House could not make this meeting but will hopefully report to the next meeting of the Operations Committee Houser adjourned the meeting at 9:57 a.m. ra OPERATIONS COMMITTEE MINUTES March 23, 1994 COMMITTEE MEMBERS PRESENT: Jon Johnson, Leona Orr STAFF PRESENT: Jim Huntington, Bob Hutchinson, Charlie Lindsey, Roger Lubovich, Brent McFall, May Miller, Kelli O'Donnelll, Sue Viseth MEMBERS OF THE PUBLIC: Judy Jones, Jean Parietti The meeting was called to order at 9:30 a.m. by Chairperson Johnson. Approval of Vouchers All claims for the period ending March 15, 1994, in the amount of $1,089,281.94 were approved for payment. Harrison House Report - King County Housing Authority (K C H A ) Judy Jones of the K.C.H.A. distributed to the Committee a report of Harrison House residents/applicants. She noted that currently there are 46 City residents, 18 from unincorporated King County, and 30 from other areas. She noted the list also outlines current applicants. Ms. Jones informed the Committee that the Housing Authority is currently working on filling the subsidy program units and is working with one resident that was previously denied. She noted that potential residents for this program have a concern with how long funding will last and what will happen if they are left without funding once in Harrison House. Jones stated that the second unit is filled with a current resident who no longer has funds from savings for rent. She added three other tenants have asked to be on the waiting list for the subsidy program. Ms. Jones noted that no rent increases or food service increases are currently planned. When asked for questions Chairperson Johnson asked if the projections have been in line for expenses. Ms. Jones responded that some had been high and others low which evened out. February Financial Report Finance Manager Miller reviewed with the Committee the February Financial Report distributed with the agenda. Miller noted that under capital projects, water and sewer appear high due to the nine million dollars reserved for the Tacoma Intertie. On page four Miller pointed out that the high and low on the general fund revenue is reflective of when property tax is collected noting that currently the 4.2% gain is due to unsettled contracts and vacancies. On page nine Miller noted the growth in retail and services through December with Target and Starbucks reporting the highest sales. The budget forecast an page 19 reflects a prediction of ending the year $151,000 over the predicted budget. Miller cautioned that this is a minor amount in a $1.3 million budget this early in the year. Resolution Establishing_ Permit & Plan Review Fees City Attorney Lubovich stated that a basic plan review fee had been established a few months ago for residential single family homes. He stated that some clarification of the process for basic plans is needed. Other permit fees will remain the same. The proposed resolution would establish the basic plan fee at $50 per permit issued from the approved basic plan with an hourly rate for any changes made. Lubovich added that the developer and architect must both sign off on the basic plan. The above would 7 Operations Committee Minutes, Cont. March 23, 1994 only apply to single family residences and only upon written request with reproducible plans provided. Lubovich noted that this resolution would clearly define and establish the application process. Building Official Hutchinson noted that the concept can only be applied to single family due to logistics of the code requirement which vary on size, use, etc. The basic plan review process would only apply to single family units; one on a single parcel. Committeemember Orr moved to accept the recommended resolution and recommend approval to the Council. Johnson seconded and the motion passed 2-0. Report on Permit Process Organization Director of Operations McFall informed the Committee that he and the Mayor have been meeting with Don Wickstrom, Jim Harris, Norm Angelo and Bob Hutchinson to fine tune the Council's desire for a one-stop permit situation. McFall stated that a number of models with the goal of retaining flexibility while being responsive were considered. It was determined that the focus will be on a customer service system that works on problem solving versus a regulatory response. McFall explained that under this system staff would help the applicant identify alternatives. If a permit cannot be issued, in the worse case, the person would feel that the City had tried to help them through the process. McFall outlined the organization plan for permitting; the Office of Development Services will report to Planning as a division of Planning. Staff would be assigned from Public Works, Fire and Planning as key contacts for their department to O.D.S. During heavy workloads more staff could be assigned from departments. McFall stated that the staff that perform the work will help to work out the details of how the relationships and procedures will be set up to make this approach work. McFall added that hundreds or thousands of permits make it through the system but you always hear of the ten or so that don't even if the fault is with the applicant. O.D.S. now has the ability to track how many permits are issued. McFall noted that O.D.S. will also have the Code Enforcement function to work on nuisance codes such as junk, unsafe structures and that a Code Enforcement Officer is currently being recruited. McFall stated that this design for the placement of O.D.S. does not require Council action since it is within the Mayor's authority. Report on Council Wages and Benefits McFall noted that all elected positions were looked at. McFall reported that the Mayor's compensation must be authorized by Council and may be adjusted by ordinance during the term of office. These adjustments could include management benefits, car allowances and/or a cost of living adjustment. This may be done year -by -year or Council may establish a standard to measure against which is set in ordinance form. McFall continued that Council compensation is more tricky. Since the Council adjusts their own level of compensation, it must be adjusted after the expiration of current terms. There is one exception, the legislature has determined that medical coverage is not compensation and can be added immediately. A C.O.L.A could be done against an index which would automatically adjust wages each January based on an outside index such as 80% of C.P.I.-W, Seattle. Other possible benefits could be membership in the state P.E.R.C. retirement system, car allowances, etc. McFall noted that attachment B gave comparisons of other %. Operations Committee Minutes, Cont. March 23, 1994 council benefits in neighboring cities. McFall stated that he would be glad to pursue any of the above if the committee wished. Council Chamber Remodel Update Lindsey distributed a revised memo on the council chamber dais remodel and reviewed the changes with those present stating that there would be ten positions at the same level which would be curved. The front of the dais would be plastic laminate with slots for name plates for other committees. Lindsey stated that the final estimate of $15,000420,000 complete with the backdrop. Miller asked if the Committee would like to authorize that the remodel go ahead with a budget limit of $20,000. Orr moved to authorize the establishment of a budget not to exceed $20,000 including change orders, hopefully less. Johnson seconded and the motion passed 2-0. Lubovich noted that he would soon be able to bring abatement of dangerous buildings to Committee. Johnson adjourned the meeting at 10:35 a.m. 3 . KENT CITY COUNCIL PLANNING COMMITTEE April 19, 1994 4:00 PM Committee Members Present Leona Orr, Chair Jon Johnson Tim Clark Planning Staff Jim Harris Margaret Porter Bob Hutchinson Rachel Johnston GROWTH MANAGEMENT UPDATE (J. Harris) City Attorney's Office Roger Lubovich Other City Staff Other Ouests Bob McIssac Paul Morford Planning Director Jim Harris reported that the video is done and is very well done. Jim Thissell is the same narrator as the first video. If individuals want to view the video who are not in a group, people can do so on Thursday, April 21, 1994 at 2:00 p.m. and 7:00 P.M. in Council Chambers. Jim reported the Puget Sound Growth Management Planning Council is scheduled to make a decision on urban centers in late May. Jim last heard they are likely to nominate all 14 of the urban centers who have been nominated. On the Capital Facilities Plan, Jim mentioned this might come to a Council Workshop on May 10, 1994. Mayor Jim White is coming up with his proposal on the level of service, and is working with Brent on this. Hopefully the Council Workshop date will be confirmed at the April 19, 1994 Council meeting. The Planning Commission is meeting about every Monday night in workshops on the elements of the Comprehensive Plan. SEATTLE RING COUNTY HEALTH CONTRACT MONITORING REPORT FOR 1991-1992 Planner Rachel Johnston gave a report on the above mentioned report. She said the purpose of the analysis is to identify those Public Health CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 19, 1994 PAGE 2 Services provided to Kent in 1991-92 and explain the cost of the services. The Health Department provides two types of health services to Kent residents - Personal and Environmental services. Both Personal and Environmental Health Services are categorized as either Basic or Optional Services. The City is charged for basic services only. Optional services are paid by King County and "other" funds contributed (generated by fees, contracts and grants). Rachel reported Kent only pays a portion of the Basic services. The balance is paid by "OTHER" funds. There are two Public Health sites in Kent - Personal Health Services site is located at 615 West Gowe and Environmental Health Services is located 1401 Central Avenue South. The City's assessment for any given year is based on the cost of services provided two years prior. The City's 1993 Assessment for Health Services was approximately $530,000 (this amount was determined by the cost of services provided to Kent residents in 1991). Rachel stated the 1994 Assessment was approximately $636,000 and this amount was based on the services in 1992. In 1992, the City contributed approximately $117,C00 (24%) more for the same Personal Health services provided in 1991. This increase can be attributed to the increase in the cost of delivering health services and in some cases the decrease of amount of available other funds. She also reported in 1992 8% more Kent residents received Personal Health Services than in 1991. Also, 13% more service units were provided in 1992 than in 1991. Although the City paid a greater amount for Basic Personal Health Services in 1992, The City paid less per unit in some areas: WIC (13% decrease), Family Health (18%), and Refugee Health (7%). These decreases were attributed to the increase in other funds contributed. Regarding Environmental Health Services, the City received 4% more service units in 1992 than in 1991 but paid approximately $11,000 (31%) less in 1992 for the same services provided in 1991. The Health Department projects that the City's contribution to Basic Environmental Health Services will continue to decrease because the fees for these services will continue to increase; therefore, passing the savings to the City. CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 19, 1994 PAGE 3 Rachel concluded that in the future, the City will no longer contract with the County Public Health Services. When Washington State's new Health Care Reform Act is implemented, the State will take approximately 2.95% of the City's motor vehicle excise tax and give directly to the Public Health Department to provide health services to local residents. This shift is scheduled to occur in July of 1995 but is anticipated that the shift will not actually occur until January 1996. Preliminary review of the new system indicates that cities will pay less for health care through the Motor Vehicle Excise Tax System. Although we are expected to save money, there are concerns that there may be a reduction in services because the County will receive less dollars under the new system. But the new managed Health Care Program may free up some of the dollars currently spent through public health. This may narrow the gap in services. These concerns are currently being examined in order to prepare for the shift. PERMIT AND PLAN REVIEW FEES - RESOLUTION (R Lubovich) City Attorney Roger Lubovich briefly gave a history report on Resolution 1371 that passed last year by the Operations Committee and the Council. There is a desire now to clarify the language set forth in this resolution with regard to the application of basic plans to single family dwellings and to clarify other matters relating to basic plans. There were some questions as to the specific facts on the background of this resolution. Much discussion occurred between the Committee members and Paul Morford. This item was deferred to the next meeting, May 3, 1994, for further discussion and hopefully for the Council members to make a decision on what the new language would be if the n a revised resolution. ADDED ITEMS Chair Orr announced that the Planning Committee unscheduled meeting the first Tuesday, May 3, 1994 at Planning Department's Centennial Building Conference ADJOURNMENT The meeting adjourned at 5:00 p.m. PC0419.MIN will hold an 4:00 P.M. in the room. . KENT CITY COUNCIL PLANNING COMMITTEE May 3, 1994 4:00 PM Committee Members Present Leona Orr, Chair Jon Johnson Tim Clark Planning Staff Jim Harris Margaret Porter Bob Hutchinson Fred Satterstrom City Attorney's Office Roger Lubovich Tom Brubaker Laurie Evezich Other City Staff Other Quests Bob McIssac Tom Sharp Pete Curran GROWTH MANAGEMENT UPDATE (F. Satterstrom) Planning Manager Fred Satterstrom reported the Planning Commission went on a City tour as part of the Workshop on April 25, 1994 looking at residential density issues. They looked at multifamily development ranging in density from 9-10 units per acre versus the kind .of development that occurs when there is 20 units or more per acre. They also looked at certain Single Family areas to get a feel for low residential densities, such as small lots on East Hill in the Dover Place PUD and the 5,000 square feet lots in North Park. Fred reported he has finished up with the Economic Development Committee as of May 3, 1994. This document will be ready to go to the Planning Commission soon. Fred also mentioned that the Planning Department is shooting for a release date of June 6, 1994 for the Environmental Impact Statement as well as the draft Comprehensive Plan. On the Capital Facilities Plan that is moving forward at the same time, the Mayor is presently working on the recommended levels of service for the different capital facilities. A Council Workshop is to be set up soon. On the Land Use Video, there are no preliminary results at this time. The GMA Planning Council is meeting on May 4, 1994 to being to make a decision on the urban centers designation. CITY COUNCIL PLANNING COMMITTEE MINUTES MAY 31 1994 PAGE 2 TOM SHARP DISCUSSION OF SHARP ANNEXATION (L. Orr) Planning Director Jim Harris briefly went over the March 22, 1994 memo to the Mayor and Council on the Status of Pre -zoning for Annexations. The memo stated there is a Council policy specifically stating that the City shall not initiate zoning hearings for annexed land until the annexation ordinance has been adopted by the Council. Also, the Zoning Code specifies that upon annexation of property, the Planning Director shall commence all necessary steps to zone such property. There was much discussion of the current policy. Councilmember Clark MOVED and Councilmember Johnson SECONDED a motion to not change the current annexation policy. Motion carried. PERMIT AND PLAN REVIEW FEES - RESOLUTION (B Hutchinson) This item was continued from the April 29, 1994 Committee meeting. The memorandum included in the agenda packet clearly indicates the original intent was to offer a service of providing a basics form of plan review for single family buildings only. Therefore, Mr. Hutchinson recommended that the Committee adopt the resolution that was brought to the meeting on April 19, 1994 by City Attorney Roger Lubovich that basic plan review is for detached single family dwellings only. This resolution was passed out again at this meeting and briefly gone over by the Committee members. Councilmember Clark MOVED and Councilmember Johnson SECONDED a motion to adopt the resolution as it was presented at the Committee meeting with the highlighted changes and to forward this resolution for adoption to the Council at the May 17, 1994 Council meeting. Motion carried. ADDED ITEMS ADJOURNMENT The meeting adjourned at 5:00 p.m. PC0503.MIN PRESENT: MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING Jim Bennett, Chair Tim Clark Judy Woods Arthur Martin Jon Johnson Roger Lubovich Chief Norm Angelo Chief Ed Crawford MARCH 15, 1994 Meeting called to order by Chairman Bennett at 5:10 p.m. Captain Chuck Miller Russ Stringham Connie Epperly Bob Peterson Jane Peterson Jean Parietti Several unidentified citizens ORDINANCE AMENDING CHAPTER 9.36 OF THE KENT CITY CODE RELATING TO THE TRAFFIC CODE (08 Drinking Driver Ordinance) I and I ORDINANCE AMENDING CHAPTER 9.38 RELATING TO PARKING RESERVED FOR THE PHYSICALLY DISABLED (Monetary Penalty ncrease) City Attorney Roger Lubovich indicated that item one, ordinance amending chapter 9.36 of the Kent City Code relating to the traffic code (.08 drinking driver ordinance) and item three, the ordinance amending Chapter 9.38 relating to parking reserved for the physically disabled (monetary penalty increase) go together, and is recommending that no action be taken on these issues at this time. Lubovich explained that the State Legislature has passed new provisions related to the model traffic code, putting it in the WAC's instead of the RCW's, which will take effect July 1, 1994. Since we will need to adopt the new WAC's and the model traffic code, Lubovich suggested that they be combined into the same ordinance. However, at this time the new model traffic code with all it's provisions are not totally printed in the model traffic ordinance form that needs to be attached to the ordinance. Lubovich further explained that there are currently some lawsuits on the .08 ordinances. The ordinances are being attacked on DWI prosecutions for not properly having them published and attached. So, we want to make sure we do it right and have the whole package together. And, if we choose not to go with the .08 ordinance, we still need to adopt the new model traffic code. In addition, the city has a code dealing with disabled parking with a 24-hour penalty provision. The model traffic code also includes the same language, however, with the recent updates the penalty has been changed to a flat $50. The old model traffic code had a penalty provision that said the penalty was between $15 and $50, and the City of Kent, by adopting the ordinance, established the penalty at $25. Therefore, it is also necessary to amend this section. Clark moved to table both issues until the completion of the model traffic code. Motion seconded by Woods. Clark requested, however, that when they are brought back, that the .08 be brought back as a separate issue. Lubovich indicated that he would draft them separately, one will include the .08 and one will be adoption of the model traffic code without the .08. Woods indicated that the one without the .08 should be taken forward first, because if there is controversy, it will be on the .08. Then if necessary, it can always be amended. Motion to table passed unanimously (3-0). PARENTAL RESPONSIBILITY FOR JUVENILES ORDINANCE Bennett explained that initially the request for a curfew ordinance was brought before the committee at the February 7, 1994, meeting. The City Attorney felt that a curfew ordinance was not constitutionally possible, and therefore, the parental responsibility ordinance was drafted. Bennett stated that he had personally talked to policemen on the street on up to the police chief, to human services people, to parents of kids with no problems, and to parents of kids with problems regarding this issue. Everybody wants to do something, but nobody wants to take the steps to do it, and the answer always comes back to enforcement. How do you implement it? How do you enforce it? Bennett indicated he had some ideas, but would like to let the other committee members speak to the issue, and then open it up for discussion. Lubovich explained that the issue was tabled at the last meeting was because he thought it would be easier if we had some authority from the state to enact a curfew and he wanted to wait to see what the state was going to do on the issue. He indicated that he had some constitutional and legal concerns with the curfew ordinance, and that's why we now have the parental responsibility ordinance. He further explained that Bellingham just amended their curfew ordinance to add the parental responsibility faction to it, and he had just received a copy today. In reading the ordinance, however, he's not sure how they are enforcing the curfew against the juvenile, and he has not be able to get more information because Bellingham's attorney has been in court all day. Stringham indicated that according to newspaper reports, it was his understanding there will be no state-wide curfew. However, they did insert a provision in the bill that gives municipalities the authority to pass a curfew on an individual basis provided they have the housing available for those homeless that may be picked up during a sweep of the curfew. Stringham clarified that the constitutional provisions are nearly identical in the parental responsibility ordinance as they are in the teen curfew ordinance -- the problem was the statute because of a provision in the Revised Code of Washington in the Juvenile Justice Act. Lubovich indicated that was correct. Mr. and Mrs. Peterson stated that Saturday night somebody decided to pitch a rock through their front plate glass window. They don't know who it was or why they might have done it, other than just kids out on the loose at 2:15 on a Saturday night. When they found out the committee was talking about this type of issue, they decided to come to the meeting because they want to do something. Mrs. Peterson stated that there's nothing wrong with Kent being the leader in this sort of thing, especially if it makes Kent a safer place to live. She further stated that she knows where her children are every minute of the day, and can't imagine why any parent would allow any child to be out at 2:00 in the morning. Stringham stated that what happened to the Petersons is a perfect example. If a curfew ordinance had been in place and a police officer had encountered those juveniles, the problem could have been prevented. But, right now we have to first have a victim before anything can be done. Mrs. Peterson also stated that a day before this happened, she had been at Easthill Elementary where her daughter attends school. The night before, graffiti had been sprayed all over the walls of the play area. The kids must have been there for at least an hour for the amount of graffiti that was on the wall, and they weren't there at 4:00 in the afternoon, it was during the middle of the night. ra Epperly stated that anyone who gets into the car at 3:00 in the morning can encounter kids on the streets. When she used to deliver papers, every morning without fail, there were kids out. When she worked graveyard for 7 -Eleven, they would come in at all hours of the night on school nights, and maybe these parents need to be made aware and made to be responsible. Kids do have constitutional rights -- they have the constitutional right to be safe and to be taken care of, but they don't have the constitutional right to be heathens. Stringham asked Lubovich for clarification on the Bellingham issue, and whether he is recommending that a combination parental responsibility and curfew as the way to go. Lubovich stated that he is for a curfew ordinance. He doesn't see any reason why children should be out in the middle of the night unless they've got some good reason. But, to insure that it was passable, he went to the parental responsibility, which is what Bellingham did. However, he's interested to see how they deal with it. It's clear that they're going to cite as a civil infraction the parent, but what are they going to do with the juvenile. Under the curfew, the juvenile is violating the ordinance, but under parental responsibility ordinance, it's the parent who is violating it. Lubovich stated to have more effective enforcement, he would have preferred the curfew ordinance. Again, the problem with the parental responsibility ordinance is that if the juvenile is not violating the ordinance, you really can't detain that person unless he or she is doing something else or is in danger. But on the other side, what do you do with the juvenile once you detain them. Stringham asked if it's necessary have to write an ordinance requiring the officer to pick them up and domicile them. Lubovich indicated that right now they don't pick them up, they can stop and ask questions, but they can't do any more than that, and if the kid wants to run away, they can. Stringham indicated that in most circumstances, the parents are ultimately accountable anyway, so if fines are to be levied, they should be levied against the parents. Bennett indicated that one solution he came up with in talking to several people, including the ministerial association, was that a proviso be included that states the first time they're picked up, their parents are issued a letter telling of various programs that are available, whether it be parental counseling, drug counseling, or whatever. The second time they're picked up, if would be mandatory that the parents attend those programs and they pay their own fees. And, the third time would be the fine that is being proposed. Bennett stated doing nothing is sending the wrong message. If they can't parent, then somebody needs to kick them in the butt and get them to learn how to. Woods asked when Bellingham acted on this issue, and Lubovich advised that apparently they had just done it, and he had just gotten of their ordinance today. Woods asked if it was timed to coincide with what was happening in the Legislature. Lubovich advised that they had some problems with it, and they were in a hurry to redo the ordinance, so they didn't necessarily wait for the Legislature to act. There was apparently some pressure to get the ordinance done quickly, so they drafted it and added the parental responsibility portion. Lubovich explained that under the family reconciliation act, there are provisions that if the juvenile is in clear danger, you can take them down to the station, or if they are committing s me other crime, you've got reason to hold them. With a parental responsibility ordinance, y p and ask questions of juveniles just walking down the street, but you don't take them in. Under the curfew, the juvenile is in violation and they are the one that is responsibile, and you can take them down to juvenile detention or wherever. DISCUSSION ON VARIOUS ASPECTS OF DIFFERENT ORDINANCES, THE WAY THEY WERE AND HOW THEY ARE NOW IN VARIOUS AREAS. 3 s th ive side the city Chuck Miller asked how do you deal with actually kids from otuts de tlhe citytlimits. Lubovichtadvised that portion, if not the majority, it could be subject to a good challenge. Where does the violation occur? Is it occurring in Kent, in unincorporated ots deour borders andwe ca We uCounty `r parent n't cite oTacoma, r violations Seattle, withoutor wherever. interlocal don't have controll agreements. Lubovich stated that it's really complicated to get through all these little hoops to try to make something work, and it can be very frustrating. Epperly indicated that if one city would put something like this forward, then maybe the others would do the samething. ountyeis tthatted they' et she had waiting forsked the tm muris nicipalities pale eseto dohe said som hinge the consensus else to do Stringham expressed his concern that everybody is waiting for somebodykids ae dying in the streets, Meanwhile, teen violent crime has doubled in the last 10 years, women can't feel co rtale walking in the sits and waits forsomebody and else oare getting ti something. thrown through rock their windows,everybody Lubovich stated that it's his recommendation that he be allowed another couple weeks to look at the issue. He would like see the state bill and would also like to talk to the attorney in Bellingham. Woods stated that there is no question that there is support from the council to do something, and asked this be done as quickly possible. Bennett indicated that he'd like to see the issue come back to a special meeting, and after some discussion it was decided that all the appropriate people would be notified of the meeting once the specifics were established. From the police department's standpoint, Chief Crawford asked that consideration be given to the paperwork, the people power, and other factors that will be required toenforce no teeth t Crawford stated that it's very easy for us to put ordinances on the books, yeg the police officer to try to enforce it. Everyone probably remembers what curfews were in 50's and 60's, how we had the authority to enforce it. Today the laws are much different and the kids themselves are a little bit more manipulative -- more willing to challenge the authority of society. Crawford stated that if we're going to have something, then it should be the law and we should be able to enforce it -- we can't tiptoe around it. Martin indicated that in his sense of the legislative process on this issue, the biggest tto concern that they had was if this was put on the books and the officers arrest children, there's gotme safe, accountable system for taking care of them. That's why they threw it back to the cities. Stringham indicated that earlier the idea of some kind of mandate for seeking counsel came up and asked if there was some way that this type of thing could be incorporated as one of the steps in the process to offer the family/parents the opportunity to avail themselves of services that may solve the problem without punitive measures. Bennett thanked everybody for their input, and again advised that there would be notification sent out as soon as a meeting date and time had been set. AND CLOSING HOURS FOR1ALCOHOL SERVICE ESTABLISHMENTS Bennett indicated that this issue was before Public Safety last year, it got passed on to Planning, and now they're handing it back. Crawford commented that it may no longer be an issue. The issue came up because of a temporary after-hours permit given to the Cafe Avanti by the Liquor rd Control Board, and the Choice Lodge and other residential areas were impacted. The temporary permit has been rescinded, so the establishment now falls under the same rules as other establishments with Class H licenses. Lubovich advised that this might be the time to consider it since it would not impact any existing facility. Lubovich stated that he had drafted both the teen club closure at midnight and the after- hours ordinance that was turned down by the committee last year. The issue then turned to whether or not it should be zoned for distance, etc. The Planning Commission determined it was more a of regulatory matter than a land -use or zoning issue, and it didn't belong in the zoning code, so that's why it's back here. Lubovich further stated that he also feels it's a regulatory matter, and whether or not the committee wants to do anything with it is the question. To provide a little history on the issue, Crawford advised that the liquor board asks the city for their recommendation before they will authorize the temporary permit. In this case, the Mayor stated that he would allow it as long as the laws were adhered to. It is a decision that was made by the city that can be made or rescinded at any time depending on who the mayor and council are, so it may not be necessary to have an ordinance. Bennett asked that the information be brought to the next regular meeting. UPDATE ON REPORT FROM NATIONAL INSTITUTE OF CORRECTIONS Captain Chuck Miller advised that the police department had asked the National Institute of Corrections (NIC) to provide a technical systems review of the Kent Corrections Facility. This would provide a review, according to American Corrections Association (ACA) standards, of the physical plant security, how the corrections officers conduct business, and policies and procedures. NIC helped when the plans for the existing facility were first formed in 1985, and did an on-site review prior to it's opening. In addition, the consultant that was selected had been involved in those processes, so they already had some familiarity with the facility. The review process was provided at no cost to the City by NIC. The consultant met with staff, she reviewed upgrades that had been made to the facility itself, and internal operational procedures. She gave staff and their attitude towards doing their job a very high rating. She felt they displayed the "Kent Cares" motto. She looked at things like the alarms, voice activated alarms, camera alarms, etc., and found them to be very modern, but not user friendly. Some of the recommendations she made will be implemented, however some were very pricey and will probably not be pursued for some time. The area she spent the most time on was the review of operations. She advised that operations -wise, Corrections was doing a good job. They are probably 90% there as far as ACA standards are concerned. The problem, however, is with the documentation, which they are meeting by only about 50% according to ACA standards. Captain Miller advised that they have some very good procedures, and they have implemented some changes since he has been there. However, the procedures manual has not been updated to include some of the changes, and they are not documenting some of the work they are doing. Captain Miller advised that he recognized that they were behind in their policy and procedures manual, and has assigned Corrections Lieutenant George Burke to that project. Captain Miller explained that the consultant made recommendations with an eye towards reducing liability. That's why they will be putting a lot of weight in what she said and will try to implement as many of the non -cost items that they can. Captain Miller further advised that the consultant indicated that she has reviewed a lot of facilities throughout the United States, and 5 the City of Kent's facility, procedural -wise and operational -wise, is head and shoulders above the vast majority of those facilities. Captain Miller invitedthecommittee to stop by any time, and if they would like a co of the report, he would be happrovide rovide it. Bennett advised that it is his understanding that with the new Regional Justice Center there will be no allocation for either a juvenile court or holding facility, and he would like to see the police department, in concert with administration, address this issue during mitigation. Epperly advised that about a year and a half ago she had talked with Art Wallestein about these issues, and they basically said that King County was not interested in our juvenile problem. Epperly also advised the community center is coming up for a vote in the next few months, and maybe that would be a facility we might be able to work with. Crawford clarified that due to the Juvenile Justice Act, it's an impossibility to house juveniles within adult correctional facilities, and it would be like going up against a brick wall. NO ACTION TAKEN/NO DIRECTION GIVEN MEETING ADJOURNED AT 6:15 P.M. A PUBLIC WORKS COMMITTEE MAY 9, 1994 PRESENT: JIM BENNETT TOM BRUBAKER TIM CLARK MR & MRS RUST DON WICKSTROM ABSENT: PAUL MANN Street Overlays - S 212th Street Wickstrom stated that we have ISTEA funds to offset the cost of improvements on S 212th Street from Orillia Road to the Green River and, for James Street from West Valley Highway to East Valley Highway. He said we are requesting authorization for the Mayor to sign the agreements; the funds are about $263,000. In response to Bennett, Wickstrom said we are matching the funds with our annual overlay money so we have all that -we need. Committee unanimously recommended authorizing the Mayor to sign the agreements and establish the budget for same. Proposed LID - S. 212th Street Wickstrom explained that we have a project to put HOV lanes on S. 212th from West Valley Highway to SR167. In conjunction with that project, we want to put in sidewalks, and street lights from the Green River to the valley freeway. Wickstrom said we have held an informal public meeting with the participants and received some opposition from KOA. He said that since we have this project going, we want to finish off this valley industrial corridor. In response to Mrs. Rust, Wickstrom said that we are building the street in such a way that we can add two separate bike paths behind the sidewalk. Tim Clark expressed concerns regarding the driveway exiting out of the O'Brien Elementary School site onto S. 212th. He asked if a traffic light could possibly be installed for that purpose, at that location. Wickstrom said we could only do that if the site were designated for heavily used traffic flow, i.e., a Fred Meyer store or another major development wherein the developer could participate in the cost of installing a light. Committee unanimously recommended that Council proceed with the formation of the LID. (commued on reverse side) Kingsport Condemnation/196th Street Corridor Brubaker stated that we have an ordinance for 196th Street to condemn a large trucking industrial warehouse center, namely Kingsport. This is part of the 196th Street corridor project which runs along the 196th street alignment between East Valley Highway and Orillia Road. Brubaker said that we have retained counsel to assist the City in this condemnation and he has advised that we amend the existing ordinance. Brubaker asked Committee's permission to submit the amended ordinance at the next Council meeting because it will then become effective five days later and we could begin legal action if necessary. Committee unanimously agreed that the amended ordinance be submitted at the next Council meeting. Recycling/Yard Waste Contract - Ordinance Brubaker stated that we need to amend the City ordinance making the disposal of yard waste into the garbage prohibitive because King County will not accept this in the landfills. Committee unanimously agreed that the amended ordinance be submitted at the next Council meeting. Meeting adjourned: 4:55 P.M.