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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/05/1994city of_Kent city Council meetm Agenda CITY OF M04T M CITY OF ZQ��:IV I =17TJ"-3' MAYOR: Jim White Jim Bennett Jon Johnson SUMMARY AGENDA KENT CITY COUNCIL MEETING April 5, 1994 Council Chambers 7:00 p.m. COUNCILMEMBERS: Tim Clark Paul Mann Judy Woods, President Christi Houser Leona Orr ROLL CALL 1. PUBLIC COMMUNICATIONS A. State Representative Julia Patterson B. Proclamation - Earthquake Awareness Week C. Proclamation - Drug Free Washington Month D. Introduction of Mayor's Appointees E. Employee of the Month F. Regional Justice Center Update 2. PUBLIC HEARINGS A. St. Anthony's Alley Vacation (STV -94-1) B. The Woods Short Plat (SP -94-3) - Appeal of Administrative Decision 3. 4 5. 6. 7. CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills - Ordinance C. Top of the Hill Rezone (RZ-93-4) D. Appointment - Planning Commission E. Left Turn Lane Improvements - 104th and 256th - complete F. Acheson Sewer Extension - Bill of Sale G. Hardship Case - Charge in Lieu of Assessment H. Watershed Fencing Project - Accept as Complete I. Van Doren's Landing Way - Street Vacation Funds J. Metro Shoreline Improvement Grant - Kent Lagoon Riverview Park K. Capital Facilities Plan - Budget Change L. Out of State Trip - Approval M. Green River Trail - Acceptance N. Garrison Creek Condemnation - Ordinance O. Council Chamber Remodel - Budget Change P. Appointment - Arts Commission NESS Accept as and OTHER BUSI - Requests for Proposals A. Recycling/Yard Waste B. Convenience Stores/Gasoline Sales Sign Code Amendment (ZCA-94-1) - Ordinance C. Manganese Treatment Plant - Budget Change D. Suburban Cities Association Appointments to King County Regional Committees - Resolution BIDS A. Downtown Sidewalk Rehabilitation, Phase I CONTINUED COMMUNICATIONS REPORTS *** EXECUTIVE SESSION *** A. Labor Negotiations B. Litigation 8. ADJOURNMENT ilable for perusal in the City Clerk's Office and the Kent Library. NOTE: A copy of the full agenda packet is ava 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) State Representative Julia Patterson B) Proclamation - Earthquake Awareness Week E) Employee of the Month F) Regional Justice Center Update C) Proclamation - Drug Free Washington Month D) Introduction of Mayor's Appointees E) Employee of the Month F) Regional Justice Center Update Kent City Council Meeting Date April 5, 1994 Category Public Hearings 1. SUBJECT: ST. ANTHONY'S CHURCH ALLEY VACATION (STV -94-2) 2. SUMMARY STATEMENT: This public hearing has been set to consider an application by the Corporation of the Catholic Archbishop of Seattle to vacate a portion of an alley extending northward from Saar Street at St. Anthony's Church (STV -94-2), as referenced in Resolution No. 1385, and as shown on the map and discussed in the staff report. Woods declared the public hearing open. 4MF:L=6 Crowley, 1301 5th Avenue, Suite Patrick 3500 , Seattle, attorney representing the Corporation of the Catholic Archbishop of Seattle, acknowledged that they accept the conditions set forth in the staff report. There were no further comments and ORR MOVED that the public hearing be closed. Johnson seconded and the motion carried., SOURCE OF OPEN HEARING: PUBLIC INPUT: CLOSE HEARING 7. CITY COUN Councilmember _ &L( l move, Councilmember seconds to approve the Planning Depa tment's recom- mendation of approval, with conditions, of an application to vacate a portion of an alley extending northward from Saar Street at St. Anthony's Church, as referenced in Resolution No. 1385, and to direct the City Attorney to prepare the necessary ordinance upon receipt of compensation and retainment of the utility easement. DISCUSSION: ACTION• V v v" ` clic Council Agenda Item No. 2A . KENT MEMO TO: FROM: SUBJECT: CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM April 5, 1994 MAYOR JIM WHITE AND CITY COUNCIL MEMBERS JAMES P. HARRIS, PLANNING DIRECTOR REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF AN ALLEY EXTENDING NORTHWARD FROM SAAR STREET AT ST. ANTHONY CHURCH - #STV -94-2 RECOMMENDATION: APPROVAL WITH CONDITIONS I. Name of Applicant Corporation of the Catholic Archbishop of Seattle 910 Marion Street Seattle, WA. 98104 II. Reason for Requesting Vacation The applicant states, "In order to complete King County recording showing removal of lot lines in block 9 of Yesler's First Addition to the City of Kent, in connection with proposed new church building, the Corporation of the Catholic Archbishop of Seattle petitions the City of Kent to vacate the strip of land described above and in return the corporation will put on record the formal conveyance of a ten foot wide easement for sanitary sewer as outlined in the attached site plan (survey). III. Staff Recommendation After reviewing comments from the following departments and agencies: Public Works The Public Works Department states that, "This is an unimproved right-of-way which would be designated as a class C right-of-way under City code. Class C rights-of-way may require compensation therefore. The City does have a sanitary sewer line which lies within this right- of-way. Said sewer runs from Saar Street to Titus #STV -94-2 April 51 1994 Page 2 Street for which no easement other than prescriptive rights exists for same." Fire Parks Washington Natural Gas and conducting our own review, the Planning Department recommends that the request to vacate a portion of an unopened alley south of Saar Street between Second and Third Avenues as mentioned in Resolution 1385 and shown on the accompanying map, be APPROVED with the following conditions: . 1. Retain a utility easement over, upon, and under the proposed vacated right-of-way. 2. Require, as compensation for the right-of-way, that the Church grant to.the City a 15 foot wide sewer easement centered, as reasonably as practical, along the existing sewer alignment for that portion thereof, lying within the Church property for which no City easement exits. JPH/mp:a:STV94.2 J i J � ST ANTHONY CHURCH VACATION L STV -94-2 96257er 1_I �Tus t —J s7- 7777 ; -fin 5721375 �I 7 ea7 6 T A W T H I Or-! `( CHURCH 6257 7 c5 Q L J ___---- ?6257P�75E� Z I ;25730?.55 I Q U w Un 257egrsa I i :zs7ea745 ,- 186257;0 I > �98257aaa2 Cc � 96257ezlO-'5 ES; 62 73e 5i!` s62s7e.�sE � .. j 9s?-=-? 45' 3T. 3625 I 96257H�65 562574 c I 68257P.07!5 � I i 96zs7aeo6s - I9zz572as72 96257e0Eo5 W I LL 15 _:5,_A IQ ST. 96257�2a 75 1962S7E0?25 � �95257a2iE�! S 196257a2a3C 96257EP.e'5 '�6257ea0as i� 96257E0a4a X422 2 2204BE; 4 o 5 7 422 6 6e26 zze49 K422e�4SOS I 1 1 !2422 49a2� I �422Q4922s Eo900e3$ Zee-, 2 0660 �BazzS tae ' 5 . o0e0' 1 W 6 00660aLJ?F 206 �39E�'22E . aOOGSe3e5S ' d eeossa0a 0 Z eeesS�334 ..r:. �a06 D e02YI G. D 0206632211 u 6Eae I '9P�1z 10 W 308o900H32 co 4220-43P-2 4221D:9:2 422j-5 I I _._ 2<22E 422dSSa2' 51E: 6 62a� 926E 3828E Ld y,..:: } CC 2 0 RESOLUTION N0. A onregrding the acationof the City f oferian Washington, , g,a unopened alley south of SaarStreet ween e Second and Third Avenues, as petitioned f or by Corporation of the Catholic Archbishop of Seattle, the owner of at least two-thirds of the property abutting the portion of the unopened alley sought to be vacated, oan setting the public hearing on the proposed street vacation for April 5, 1994. WHEREAS, a proper petition has been filed by the Corporation of the Catholic Archbishop of Seattle, owner of at least two-thirds of the property abutting an unopened alley south of Saar Street between Second and Third Avenues in the City of Ye Kent, King County, Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, PiASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A public hearing on the street vacation petition submitted by the Corporation of the Catholic Archbishop of Seattle (attached hereto as Exhibit A and incorporated herein by this reference) shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, April 5, 1994 in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. Section 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by law. Section 3. The Planning director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on April 5, 1994. Passed at a regular meeting of the City Council of the City of Kent, Washington this _� day of 1994. Concur ed in by the Mayor of the City of Kent, this day of , 1994. ATTEST: BRENDA jACOBER, CI CLERK APPROVED AS TO FORM: C ROC`,FR A. LUB VICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. 13f-5 , passed by the City Council of the City of Kent, Washington, the / day cf 1,4a/ -LGA 1994_ strtvac3.crd 2 �� (SEAL) BRENDA JA L�E , CITY CLERK 14AIL TO: Gerald D. McCaughan CITY OF KENT 220 So. 4th Ave. K,Vt, WA 99032 APPLICANT: Corporation o` the CcthO"c Archbishop as Seattle Naine: ,7TIJ-776rion qtr. 3eutllev Wa. 98104 Address: , Phone: 382-4370 Ci1Y OF KEt�i STREET MINOR ALLGY VACATION APPLICATION A1iD PETITION 1= E f3 9 139 } NUINEEI lNca UEP i o and Kent City Council: a. Dear Hay r pectfully request Ne, the undersigned abutting prce vac owners hereby res, certain R'x1�0 �trjp- - hereby he vacated. lGeneral Location) Legal Doscription o the The East eight feet of lot 12� Volume 5 oblock 9 OF f s t Plats,page 64j King County. town of Kent, as recorded Note : See attached copy of Deed. G SCUGIIT R(ttF.F STAlE14ENT idNY VACATION 1, pEIN In order to complete King County recording showing removin c= lot lines in block 9 of Yesler's First Addit1Othe°Copperatione city ofof the Cathc iceArchbishopt proposed new church building, he corporation will put on record the fc�r-d1 conveyance °{ Seattle petitions the Citypof Kent to vacate the strip of lar.:: described above and in return of a ten foot wide easement for sanitary sewer as outlined inr're attache site plan (survey). of deed contract etc• suDCcrted by King County for verification of signatures. Lithcut Sufficient proof, copy required blhen Corporatier.s, Tax Rnll, �hnll he suhnitteort shall be F .individual's these a "CURRENT" title report red for, then proo 0 Partnerships etc. are being 9 me shall also be submitted• authority to sign for sa p " = 200' of t`er^ra:-- _ --- -- _ Attach a Color coded mlii(TF1ald�nam8iaafrnerrPfnnnit less t4ith11nnn1. lncrri.n_. snnnht_`nr_vratinn. ST. ANTHONY CHURCH, 310 Third Avenue South, Kent, Wa. 98032 TEL. 859-0444 by:_Lj VPastcr Rev. Peter Duggan, EXHIBIT Kent City Council Meeting Date April 5. 1994 Category Public Hearings 1. SUBJECT: THE WOODS SHORT PLAT (SP -94-3) - APPEAL OF ADMINISTRATIVE DECISION 2. SUMMARY STATEMENT: This public hearing has been set to consider an appeal by the applicant, Thomas N. Sharp of S.D.M. Properties, of the Woods Short Plat (SP -94-3) Findings issued on March 18, 1994, by the Short Subdivision Committee. 3. EXHIBITS• Appeal letter by applicant, Findings, staff report, letter to applicant 3/23/94, Letter from Department of Fish and Wildlife dated 3/18/941 and verbatim transcription of Short Plat meetings held on March 10 and 17, 1994 4. RECOMMENDED BY: Appeal of Short Subdivision Committee Findings (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to concur with the Short Subdivision Committee's approval, Findings and Conditions. DISCUSSION: ACTION: Council Agenda Item No. 2B 3 �,, jel�3 gogogwolo 1984 C, Ty OF KENT CITY CLERK F02 SP 9G1-3 (Tl/�cuoups) 7-lorllz- TD 7 CITY OF L"L122 Mr PLANNING DEPARTMENT (206) 859-3390 SHORT SUBDIVISION APPROVAL March 18, 1994 MEMO TO: SDM PROPERTIES NAME OF SHORT PLAT: THE WOOD APPLICATION NO: #SP -94-3 ACTION OF SHORT PLAT COMMITTEE: ACTION DATE: EXPIRATION DATE: CONDITIONS OF APPROVAL: APPROVAL WITH CONDITIONS March 16, 1994 September 16, 1994 A. Prior to recordation of the short plat: 1. The existing drainage culvert system which crosses the property was constructed without City approval. It enclosed a perennial creek, which is designated in the Zoning Code as being significant. As such, the subdivider shall remove the culvert system and reconstruct the stream system. Said reconstructed stream system shall be designed and constructed in accordance with all appropriate requirements of the City's construction standards. The alignment shall be such as to fit with the development needs of this short plat and that portion within the access easement shall be culverted. Provide a drainage utility easement to the City for the stream system. The exact width and extent of the easement shall be subject to the approval of the Public Works Department. The subdivider shall submit a detailed stream restoration plan for the tributary of Big Soos Creek to the Planning Department and Department of Public Works for review and approval. Restoration of the stream, stream bed, and banks shall be completed in accordance with Zoning Code Section 15.08.224. Excavation, reconstruction of the creek, and stream bank plantings must be complete, inspected on site, and approved before the plat mylar may be signed by the Planning Director. The above condition is subject to recommendation and approval by the Washington State Department of Fish and Wildlife. 1 Short Subdivision Approval The Wood #SP -94-3 2. The subdivider shall comply with the solar access setback and view requirements of Zoning code section 15.08.230. 3. The subdivider shall install a fire hydrant close to the proposed access road on 116th Avenue SE to meet the 600 foot maximum distance to a single family residence, or install a residential sprinkler system. 4. The subdivider shall execute an environmental mitigation agreement to participate in and pay a fair share of the construction costs of the City's South 272nd/277th Street Corridor Project. The minimum benefit to the subdivider is estimated at $3204, based upon 3 new PM peak hour trips entering and exiting the site, and the capacity of the South 272nd/277th Street Corridor. 5. The subdivider shall execute a "no protest" LID covenant for the future improvement of 116th Avenue SE to City standards for a Minor Arterial (augmented with bicycle lanes) roadway. 6. The subdivider shall provide engineering drawings for review and approval by the City, for the common access private roadway and all storm drainage facilities which will serve all lots in this plat; including a 20 foot wide paved roadway across the entire distance between 116th Avenue SE and Lot 1. 7. The improvements to this private roadway shall incorporate 20 feet of asphaltic concrete paving, including a 25 foot radius at the edge of pavement at the intersection with 116th Avenue SE; and all-weather crossing of the open drainage course which crosses the subject property; and a turnaround, if required by the Fire Marshal, at a location, and designed, to the satisfaction of the Fire Marshal. 8. The required engineered drawings shall show clearly how stormwater runoff will be controlled from all properties in a manner that will not adversely impact off-site properties, and will convey stormwater to the drainage course which crosses the subject property. 9. The subdivider shall provide the necessary easements for all utilities -sanitary sewer, water, and storm drainage, public and private, and for the entire plat street 2 Short Subdivision Approval The Wood #SP -94-3 itself, including the turnaround referenced in Condition #7, if required. 10. The subdivider shall deed all necessary right-of-way required for the full construction of 116th Avenue SE to City standards for a Minor Arterial roadway, augmented with an additional 5 feet of right-of-way for a bike lane (116th Avenue is a designated bicycle facility) across the entire property frontage (both on 116th Avenue SE), to the City of Kent. The total "half -street" -right-of- way for this construction is 44 feet. In addition, the subdivider shall acquire and deed to the City of Kent, any and all right of way necessary to construct a curb return and sidewalk, curb radius 35 feet, at the subdivision street intersection with 116th Avenue SE. 11. The subdivider shall acquire and grant an easement, for walkway/pedestrian access, along the entire length of the subdivision street. This easement shall be a minimum of 8 feet wide. 12. The subdivider shall grant to the City a 20 foot wide easement for street purposes over, upon and under the full 305± feet length of the "panhandle" portion of "The Wood" plat. The language of the easement document shall denote that said easement shall remain a private access easement for the benefit of the parcels within this short plat until such time as the City asserts otherwise. The exact language of the document shall be subject to the City's Public Works Department review and approval. 13. The subdivider shall grant sufficient property, at the westerly terminus of the subdivision street, for the construction of a turnaround. This turnaround shall be designed to the satisfaction of the City Fire Marshal and Director of Public Works. 14. The subdivider shall provide the necessary easements for all utilities -public and private. 15. The subdivider shall provide a public gravity sanitary sewer system capable of serving all lots. If the existing private system serving the Colonial Square Apartment complex to the north is to be used to serve the proposed development the following will need to be completed. As -built engineering plans shall be prepared and submitted for review and approval in accordance with 3 Short Subdivision Approval The wood #SP -94-3 City construction standard requirements. The system shall be inspected and tested in accordance with City requirements and a Bill of Sale as well as necessary public easements shall be provided to the City. 16. The existing residence located on proposed lot #2 shall be connected to the above sanitary sewer system. The existing septic system shall be abandoned in accordance with City of Kent and State and local Health Department requirements. 17. Public water shall be available to provide domestic service as well as fire protection for all proposed lots. The Fire Marshal will determine whether a fire line extension is required from the existing water main in 116th Avenue SE. B. Prior to or in conjunction with any application for a buildinq permits on any lot created by this plat: 1. The applicant shall submit a detailed tree plan to the Planning Department for review and approval. The plan must identify all trees with a caliper of 6 -inch or greater, marked to show which trees are proposed to be preserved. Tree protection measures set forth in Zoning Code section 15.08.240 must be observed during excavation and construction. 2. Each lot shall be serviced by sanitary sewers as required in Conditions #15 and #16, above. 3. The applicant shall construct the improvements noted in Condition #6 and #7 above, for the plat street and 116th Avenue SE; including the temporary turnaround at the easterly terminus of the plat street. 4. The applicant shall construct the storm drainage system denoted in condition #6 and #8 above. RECORDING: The above conditions must be met before the short plat can be finalized and recorded. The short plat does not become effective until such time it is recorded with the King County Auditor's Office. You have six months in which to do this. If the short plat is not recorded within six months of the above date of approval, it shall become null and void. At the written request of 4 Short Subdivision Approval The Wood #SP -94-3 the applicant, the Planning Department may grant one extension of not more than six months. When the final map is complete and all conditions have been complied with, bring the map to the Planning Department and we will send it through King County for recording (the applicant must pay the recording fee to the Planning Department). The Planning Department must receive the map in its office at least two weeks prior to the six-month expiration date in order to allow time for proper checking. APPEAL OF SHORT SUBDIVISION COMMITTEE DECISION (KCC 12.04.250) The decision of the short subdivision committee shall be final, unless an appeal by any aggrieved party is made to the City Council within fourteen (14) days after the short subdivision committee's decision. The appeal shall be in writing to the City Council and filed with the City Clerk and the Planning Department. The City Council shall act on the appeal within twenty-one (21) days unless an extension is agreed to, in writing, by the applicant. Copies mailed to: Jerry McCaughan, Property Management Carol Storm, Property Management Development Services Fire Prevention Seattle -King County Health Department 5 CITY OF �r2q Jim White, Mayor March 23, 1994 Mr. Paul Morford SDM Properties 11126 SE 256th Street Kent, WA 98031 RE: CULVERT REMOVAL THE WOOD SHORT PLAT #SP -94-3 Dear Mr. Morford: The Planning Department received the enclosed letter from the Washington Department of Fish and Wildlife. The letter supports the daylighting of streams and specifically daylighting of streams in the Soos Creek system. Approval of The Wood Short Plat is contingent upon completion of the requirements stated in condition A.1 as well as all other conditions stated in the notice of approval. Restoration and revegetation of the stream on the subject property, as noted in condition A.1 must be completed as recommended by the Department of Fish and 'wildlife prior to recordation of the short plat. JPH/cw:A:SDM321.LET Enclosure Sincerely, Ja s P. Harris anning Director o a m CURT SMITCH Y° 3y p � ieey Director STATE OF WASHINGTON DEPARTMENT OF WILDLIFE 16018 Mill Creek Blvd.. Mill Creek. WA 98012 Tel. (206) 775-1311 March 18, 1994 Ms. Linda Phillips =� City of Kent Planning Department 220 Fourth Avenue South Kent, Washington 98032 RE: COMMENTS FOR CULVERT REMOVAL ON TRIBUTARIES TO SOOSETTE CREEK IN SECTION 28, TOWNSHIP 22 NORTH, RANGE 5 EAST Dear Ms. Phillips: The Department of Fish and Wildlife support and encourage the daylighting of streams that have been placed in culverts. Soosette Creek, which is a tributary to Soos Creek, supports coho salmon and cutthroat trout. The Department of Fisheries catalog of streams with salmon utilization show no blockages to salmon migration throughout this stream system and fish may get up as far as Kent-Kangley Road. Although fish may not get up to the headwater streams that have been culverted, they are still considered to be environmentally sensitive and can contribute to the overall health of the lower basin where fish reside. Streams that have been culverted will still function to convey water; however, they will remain devoid of any life (insects, algae, amphibians) and will not contribute to downstream areas. In addition, culverts generally do not have the capacity of open channels to provide for water storage and energy dissipation during high flows, thereby increasing the risks of erosion to downstream areas. Besides impacting fish, the tightlining of streams will negate the benefits riparian corridors have for ;,ildlife. The diversity of vegetation within the riparian corridor will provide food, nesting, and cover opportunities for many wildlife species. A Hydraulics Project Approval will be required to remove the culvert. When the culvert is removed and the channel restored, native trees and shrubs should be planted along the stream to re-establish riparian corridors. If you have any questions, please call me at 206-775-1311, ext. 107. Sincerely, Philip Schneider Habitat Biologist CITY OF ��ZSV� CITY OF KENT PLANNING DEPARTMENT REVISED STAFF REPORT FOR CITY OF KENT SHORT SUBDIVISION COMMITTEE V&TT7EC'Tk- MEETING OF MARCH 10, 1994 (10:00 AM) FILE NO: THE WOOD, #SP -94-3 APPLICANT: SDM Properties REQUEST: A request to create four (4) lots from a 1.46 acre parcel located directly south of 25843 116th Avenue SE PLANNER: Linda Phillips FINDINGS OF FACT I. General Information A. Description of the Proposal The proposal is to subdivide a 1.46 acre parcel into four (4) lots. The proposed area of Lot 1 is 14,355 square feet, Lot 2 is 11,550 square feet, Lot 3 is 11,550 square feet, and Lot 4 is 21,445 square feet. B. Location The subject property is located in the East Hill neighborhood, west of 116th Avenue SE. The access road proposed for the short plat is an existing private driveway which intersects with 116th Avenue SE. C. zoning The current zoning of the subject property is R1-7.2, Single Family Residential, with a seventy-two hundred (7,200) square foot minimum lot size. Property directly south is also zoned R1=7.2 and properties located east and directly north are zoned MRM, Medium Density Multifamily Residential, and further north, MRG, Garden Density Multifamily Residential. n - -1 leeated Property east of 116th Ave SE is in King County, and is zoned S -R (7200) P. 1 Staff Report The Wood #SP -94-3 D. Land Use The property is presently undeveloped with one residence located on proposed Lot 2. It is accessed by a private gravel driveway. E. Site HistorY m-� �ssite history ` - -rre n-�y relevant to this application may be found in Planning Department Filea 25801 116th Avenue, SDM Properties. In December 19,3-Y, letter was written to Mr. Tom Sharp of SDM Properties regarding the culverting of a tributary to SOOS Creek. A portion of the undergrounding occurred on the Colonial Square multifamily housing property which is located directly north of the subject property at 25001 116th Avenue SE. The letter states that at that time, the creek was also undergrounded where it crosses the subject property. A copy of the letter is attached to this report (Attachment 1). Photographs found in the above file and City of Kent Building Department file #89-049, 116th SE, taken of the subject property from the Colonial Square property show the fill and grading of the subject property. (See Attachment 2) F. Environmental Concerns 1. Topography and Vegetation The access road to the subject property slopes from 116th Avenue SE west to the east property line of proposed Lot 4. The property west of the access road is flat. The vegetation on the site consists of grass, meadow plants and small trees. G. Departments and Agencies advised in review of this short plat application include Code Enforcement, Fire, Parks and Recreation, Public Works, and Seattle -King County Health Department. H. Utilities Services and Public Improvements 1. Water and Sewer A twelve -inch (12") water main is available to the site on 116th Avenue SE. There is no sanitary sewer available to serve the lot. VO Staff Report The Wood #SP -94-3 2. Streets/Roads/Public Ways The subject property has existing access to. the site from 116th Avenue SE via a 35 foot wide right-of-way which extends west from 116th Avenue. One Hundred Sixteenth Avenue SE is classified as a minor arterial. The street has a public right-of- way width of 60 feet. The existing paving width is 30 feet. The street is improved with 2 lanes of asphalt paving, with street lighting. A widening strip will be required to be deeded to the City. New left turn lanes will not be required. The average daily traffic count on the street is 7,500 vehicle trips per day. 3. Stormwater System M 5. C: There is no stormwater property. As required by owner should construct a which would collect and from all lots within stormwater system. Transit Stops system presently on the the City, the applicant/ private drainage system convey stormwater runoff the short plat to the METRO transit service is provided north of the subject property on SE 256th Street. Available bus routes are 159 and 168 to East Hill commercial areas, downtown Kent, and Seattle. Fire Prevention The proposed short plat is required to comply with current fire protection standards. A fire hydrant must be installed close to the driveway on 116th Avenue SE to meet the 600 foot maximum distance to a single family residence or .install residential sprinkler systems. Street Addresses Any driveway having three (3) or more lots accessing off that driveway will be designated a private street. Upon any improvements to the lots a street number will be assigned and the owner must 3 Staff Report The Wood #SP -94-3 place a sign at the point designated by the addressing specialist. This would mean that any present address would change. The street name assigned to the private street proposed as access to The Wood short plat is SE 259th Street. 7. Parks and Open Space The proposed short plat is served by Seven Oaks Park, located south of the Kent-Kangley Road and a neighborhood tot lot east of 116th Avenue SE on SE 258th Street. II. Subdivision Ordinance A. The purpose of the City.of Kent Subdivision regulations, which includes the requirement for short subdivision approval, is to: ... Provide rules, regulations, requirements, and standards for subdividing land in the city of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that proper provisions for all public facilities ... shall be made; that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. B. Principles of Acceptability Section 12.04.160, of the City of Kent Subdivision code, provides the following relevant principles of acceptability: 1. Create legal building sites which comply with all provisions of title 15, zoning, and health regulations; 2. Establish access to a public road for each segregated parcel; 3. Have suitable physical characteristics; a proposed short plat may be denied because of flood, inundation or swamp conditions or construction of 4 Staff Report The Wood #SP -94-3 protective improvements may be required as a condition of approval; 4. Make adequate provision for drainageways, streets, alleys, other public ways, water supplies and sanitary wastes, as deemed necessary. III. Zoning Code Requirements A. Section 15.04.180 states that the minimum lot size for the R1-7.2, Single Family Residential District, is 7,200 square feet. B. Section 15.02.092 states that the West Branch of Big Soos Creek and tributaries are major creeks identified by the city. They are shown on the map entitled "Hazard Area Development Limitations" (see Attachment 3). This tributary of Big Soos Creek appears to be a minor tributary because of its seasonal nature. Section 15.08.224.0.1 states that all major and minor creeks in the city where they flow on or across undeveloped land shall be retained in their natural state and location. Section 15.08.224.C.2 addresses the guidelines which must be followed when a creekbed is altered and restored, or moved. A site specific plan, referred to as a stream plan, is required, subject to review and approval by the Planning Department and the Department of Public Works. This section also sets forth the setbacks from a relocated creek as twenty-five (25) feet from a minor creek, and fifty (50) feet from a major creek. C. Section 15.08.240, Preservation of Trees, states that retention of significant trees is necessary to maintain and protect property values, enhance the visual character of the City, preserve the natural wooded character of the area, promote utilization of natural systems and reduce the impacts of development on the storm drainage system. Sections 15.08.240.B.2., 3., 4., and 5. state that where it is not feasible to retain all trees on the site due to proposed development, a site specific tree plan, drawn to scale shall be submitted, subject to review by the Planning Department. Section 15.08.240.B.2. sets forth requirements for protection of trees to be retained. Section 15.08.240.0 provides regulations for replacement of damaged or destroyed trees. There are significant trees on site. 5 Staff Report The Wood #SP -94-3 D. Section 15.08.230 sets forth solar access setback and view requirements of Zoning code section 15.08.230. Iv. Comprehensive Plan Recommendations A. The East Hill Plan Comprehensive Plan land use designation for the subject property is single family residential, four to six units per acre. B. The East Hill Plan contains goals, policies, and objectives to assure safe, orderly housing development patterns. Goals promote diverse housing opportunities, and protection of the natural qualities present in the area. v. Correspondence A letter was received by the Planning Department on February 18, 1994 from Dudley, Laura, and Tom Myers, and Catherine P. and Charles H. Gatter, neighbors of the subject property, regarding dust and mud caused by construction activity. They requested that the Planning Department monitor the construction to see that dust and mud control measures are implemented. CONCLUSIONS The proposed lots exceed the minimum lot size requirement of seventy two hundred (7,200) square feet for the R1-7.2, Single Family Residential, zoning district. The location, zoning, present land use, and surrounding land use of the subject property do not present constraints to the proposed short plat. The development history places constraints regarding the culverted tributary of Big Soos Creek discussed in section III.B of this report. The stream should be restored and the creekbank should be planted with appropriate native plant species. A stream plan should be submitted for the purpose of review and approval by the City. Since the stream appears to be a minor tributary, a twenty-five (25) foot setback should be required in accordance with the requirements of Zoning Code section 15.08.224. The requirements of the Departments of Public Works, Fire, and Code Enforcement should be followed to provide the necessary safety, utilities, services, and public improvements. ri Staff Report The Wood #SP -94-3 With recommended conditions of approval, the proposed short plat is generally consistent with the requirements of the Subdivision Ordinance, the Zoning Code, and with the recommendations of the Comprehensive Plan. RECOMMENDATIONS Based on the findings and conclusions discussed above, and recommendations of City Departments, Staff recommends conditional approval of The Wood Short Plat, #SP -94-3, subject to the following recommended conditions: A. Prior to recordation of the short plat: 1. The existing drainage culvert system which crosses the property was constructed without City approval. It enclosed a perennial creek, which is designated in the Zoning Code as being significant. As such, the subdivider shall remove the culvert system and reconstruct the stream system. Said reconstructed stream system shall be designed and constructed in accordance with all appropriate requirements of the City's construction standards. The alignment shall be such as to fit with the development needs of this short plat and that portion within the access easement shall be culverted. Provide a drainage utility easement to the City for the stream system. The exact width and extent of the easement shall be subject to the approval of the Public Works Department. The subdivider shall submit a detailed stream restoration plan for the tributary of Big Soos Creek to the Planning Department and Department of Public Works for review and approval. Restoration of the stream, stream bed, and banks shall be completed in accordance with Zoning Code Section 15.08.224. Excavation, reconstruction of the creek, and stream bank plantings must be complete, inspected on site, and approved before the plat mylar may be signed by the Planning Director. The above condition is subject to recommendation and approval by the Washington State Department of Fish and Wildlife. 2. The subdivider shall comply with the solar access setback and view requirements of Zoning code section 15.08.230. 7 Staff Report The Wood #SP -94-3 3. The subdivider shall install a fire hydrant close to the proposed access road on 116th Avenue SE to meet the 600 foot maximum distance to a single family residence, or install a residential sprinkler system. 4. The subdivider shall execute an environmental mitigation agreement to participate in and pay a fair share of the construction costs of the City's South 272nd/277th Street Corridor Project. The minimum benefit to the subdivider is estimated at $3204, based upon 3 new PM peak hour trips entering and exiting the site, and the capacity of the South 272nd/277th Street Corridor. 5. The subdivider shall execute a "no protest" LID covenant for the future improvement of 116th Avenue SE to City standards for a Minor Arterial (augmented with bicycle lanes) roadway. 6. The subdivider shall provide engineering drawings for review and approval by the City, for the common access private roadway and all storm drainage facilities which will serve all lots in this plat; including a 20 foot wide paved roadway across the entire distance between 116th Avenue SE and Lot 1. 7. The improvements to this private roadway shall incorporate 20 feet of asphaltic concrete paving, including a 25 foot radius at the edge of pavement at the intersection with 116th Avenue SE; and all-weather crossing of the open drainage course which crosses the subject property; and a turnaround, if required by the Fire Marshal, at a location, and designed, to the satisfaction of the Fire Marshal. 8. The required engineered drawings shall show clearly how stormwater runoff will be controlled from all properties in a manner that will not adversely impact off-site properties, and will convey stormwater to the drainage course which crosses the subject property. 9. The subdivider shall provide the necessary easements for all utilities -sanitary sewer, water, and storm drainage, public and private, and for the entire plat street itself, including the turnaround referenced in Condition #7, if required. 9 Staff Report The Wood #SP -94-3 1o. The subdivider shall deed all necessary right-of-way required for the full construction of 116th Avenue SE to City standards for a Minor Arterial roadway, augmented with an additional 5 feet of right-of-way for a bike lane (116th Avenue is a designated bicycle facility) across the entire property frontage (both on 116th Avenue SE), to the City of Kent. The total "half -street" right-of- way for this construction is 44 feet. In addition, the subdivider shall acquire and deed to the City of Kent, any and all right of way necessary to construct a curb return and sidewalk, curb radius 35 feet, at the subdivision street intersection with 116th Avenue SE. 11. The subdivider shall acquire and grant an easement, for walkway/pedestrian access, along the entire length of the subdivision street. This easement shall be a minimum of 8 feet wide. 12. The subdivider shall grant to the City a 20 foot wide easement for street purposes over, upon and under the full 305± feet length of the "panhandle" portion of "The Wood" plat. The language of the easement document shall denote that said easement shall remain a private access easement for the benefit of the parcels within this short plat until such time as the City asserts otherwise. The exact language of the document shall be subject to the City's Public Works Department review and approval. 13. The subdivider shall grant sufficient property, at the westerly terminus of the subdivision street, for the construction of a turnaround. This turnaround shall be designed to the satisfaction of the City Fire Marshal and Director of Public Works. 14. The subdivider shall provide the necessary easements for all utilities -public and private. 15. The subdivider shall provide a public gravity sanitary sewer system capable of serving all lots. If the existing private system serving the Colonial Square Apartment complex to the north is to be used to serve the proposed development the following will need to be completed. As -built engineering plans shall be prepared and submitted for review and approval in accordance with City construction standard requirements. The system shall be inspected and tested in accordance with City E Staff Report The Wood #SP -94-3 requirements and a Bill of Sale as well as necessary public easements shall be provided to the City. 16. The existing residence located on proposed lot #2 shall be connected to the above sanitary sewer system. The existing septic system shall be abandoned in accordance with City of Kent and State and local Health Department requirements. 17. Public water shall be available to provide domestic service as well as fire protection for all proposed lots. The Fire Marshal will determine whether a fire line extension is required from the existing water main in 116th Avenue SE. B. Prior to or in conjunction with any application for a building permits on any lot created by this plat: 1. The applicant shall submit a detailed tree plan to the Planning Department for review and approval. The plan must identify all trees with a caliper of 6 -inch or greater, marked to show which trees are proposed to be preserved. Tree protection measures set forth in Zoning Code section 15.08.240 must be observed during excavation and construction. 2. Each lot shall be serviced by sanitary sewers as required in Conditions #15 and #16, above. 3. The applicant shall construct the improvements noted in Condition #6 and #7 above, for the plat street and 116th Avenue SE; including the temporary turnaround at the easterly terminus of the plat street. 4. The applicant shall construct the storm drainage system denoted in condition #6 and #8 above. KENT PLANNING DEPARTMENT March 18, 1994 c:sp943rpc. rev 10 CITY OF L�LSV� PLANNING DEPARTMENT a� (206) 859-3390 SHORT SUBDIVISION COMMITTEE ®acaA THE WOODS #SP -94-3 Meetings: 3/10/94 and 3/16/94 Approved: 3/16/94 Applicant Appealed Verbatim Minutes of the 3/16/94 Meeting: Harris: This is continuation of The Woods Short Plat SP -94-3 continued from last week which was March 10, 1994 at the request of the applicant. At that meeting we had gone through the proposed conditions of the plat and the applicant conferred on certain numbers of the conditions and also had indicated an o.k. for other conditions. So, by opening this up I am going to ask the applicant or applicants to continue on from last week and just open on what conditions you would like to discuss and maybe just for the record we could go over quickly and my records show that we had an o.k. on number 4, and an o.k. on number 9 and number 10 and 12, 13, 14, 15, 17, and an o.k. on B., 1-4, where we have check marks on all the others. And on number three I don't have anything. I don't know what we did on number three. It says here we discussed number 3, but we had discussed that condition 4 was o.k. and 12, 13, 14, 15, 16, 17, everything from 12 to the end of A and everything under B and then we have check marks by all the other conditions meaning there may be some questions about them. And 3 is ... I'd say I think we've talked about number three. Phillips: Someone made a comment that there was already an existing hydrant. Sharp: I did. Harris: O.k., So maybe that was just a question... maybe I can put an O.k. on that. O.k. so, applicants, you're on. Sharp: O.k., lets start with item number one which has to do with the drainage ditch. I'd like to have made part of the record the official map, the City's adopted hazard ordinance 2451, City code 12.08.224, well, 224 is the item that we talked about. And then also, we have a drawing from the Engineering Department... this was approved 1980, and has to do with the routing of the storm system in that area at the corner of 116th and Kent Kangley Road. This was in 1980. Since then the State has widened Kent-Kangley Road and extended the underground system even farther east and we think it's in a 36 inch pipe but, I see Don has a drawing here ... is that? 1 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Phil ps: That's from the Planning Department. It came from Public Works. _ m: That's the system that exists there, plotted on our GIS Wick system. Shah • Oh, O.k. Morford: I guess the main point that, that drawing that we got extended farther to the east. is that as near as we could tell from you, Don, is a change, or Sharp: But, we walked that system, and following it from where we can determine where it outflows and it is undergrounded 500 feet upstream from that point until where it comes out into a grate on 116th Avenue SE, which I think is right here. Harris: Five hundred (500) feet upstream. Sharp: Upstream, right. And that's catch basin 29 or something, trash rack 29 or something. It has some kind of a rack over it and then it is open for about 300 feet along which is a road ditch and then it is covered again in a 12 inch pipe about another 500 feet. Morford: Approximately. Sharp: And then it goes open, some kindof an opena Sea right behind the property to the south of the subj? propertytroperty , orassed in contending that according to that ordinance that was permit with 1984, that section 15.08.224. B. paragraph 1 and 2 p additional information, updated information, to the map for the Planning Director and the Public Works Department to update the map tion and I can read this into the based on the more recent informa record which I think I should do. This is part B., this is on page 5 of the ordinance that I have (reads referenced e gin of ordinance). And our position is that this map, as ly adopted was not accurate and since then has become less accurate because of what's gone on, on Highway 18 and the neighbors tothe south of the subject property undergrounding things and us, yeah and Ken are. I'm talking about all the areas downstream from where we are. So, we're saying that this map should be corrected to reflect change, to reflect such information and in d be deleted. Then and also the that light that item A.1 shoul requirement for 25 foot each side set back requirement and according to this finding the Planning and the Public Works Department can do that. Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Phillips: May I answer the claim that the map is in error? Harris: Let's let them go through first and finish and then we can go back and pick up on these items. O.k., do you have anything more on that condition? Shar : No. Harris: O.k. Do you want to discuss any of the other conditions? Sharp: Yes. I guess I can't comment on the solar access setback, because that is an issue that was dealt with. Morford: On that one, Tom, the trees back there, there isn't any sun back there. Sharp: How do we resolve that? I guess that's an issue. Lot number 1? With the large trees, first of all we have a tree ordinance that you can't cut down the trees, then we have an ordinance that says we have to have solar access. Harris: Solar access has nothing to do with the trees. We took trees out of solar access, the Council did. You'll still have to provide solar access, and do whatever you need to do with trees also. Morford: So, in other words we need to cut down the trees to provide solar access? Harris: No, doesn't say that ... you have to make sure that a house over here doesn't block another house to a certain height that is part of the formula, it doesn't say anything about trees. Sharp: O.k. Item number 5 says that we will execute a no -protest LID covenant for the improvement of 116th Avenue and I said that we would do that, based on the formulas that the Engineering Department had and that it was for the 20 foot access to the subject proposed short plat. Harris: O.k., is that o.k. on that one? Sharp: Well, except that it's not the entire area, it's just that 20 foot access area that we are providing the No Protest LID covenant and I think Don said that the engineers had some formulas. Don Wickstrom: Essentially it would be that once the project is formed and an LID is put together, no matter how the LID costs are F3 Verbatim Minutes of the 3/16/94 Meeting The ,Woods #SP -94-3 distributed, it may be subject to whether your property would benefit. You have the right to protest out of there if there aren't any benefits to your property. other than that I can't tell you anything different. There are apartments. You've got apartments to the north that go all the way back to the property depth. They will probably involve all the way back, they will be using that road, they have different frontage requirements. Sharp: So, is there a formula that sets them... Wickstrom: The normal formula is the zone termini or the 100 foot zone and each zone is weighted. Based on, it goes all the way back to the property's depth that fronts on the road and it is generally weighted... the first zone is weighted... there are seven zones, the first zone is weighted seven times higher than the last zone. And that's typical ... that assessment method's actually spelled out by the State law, the whole zone termini method... Sharp: So we may... Wickstrom: All I am saying is that your whole property may still be involved! Sharp: Right. Wickstrom: And it's a question of whether the property is being benefitted or not with the assessment. You still have the right to do that, to protest the amount of the assessment. You guys will probably sell and it won't be a problem anyway by the time that LID is done. Sharp: Maybe not ... we'll be dead. Wickstrom: Pardon. Sharp: Maybe we'll be dead. Harris: Remember this stuff is being recorded you guys, so... Wickstrom: I don't foresee that in the near term, in the five year picture. Sharp: Well, why don't you just hold that. I guess we can't agree to that since we don't what we are agreeing to. Paul Morford: Number ten is in the same category. n Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Sharp: Is ten in the same category? I though that we were taking ten as just this little strip here. Morford: Yeah, but I ... we're only talking 20 foot on that also. Sharp: Right, yeah, right, o.k., and then six, "...subdivider shall provide engineering drawings for review and approval... common access private roadway and all storm drainage facilities which will serve all lots in the plat; including a 20 foot wide paved roadway..." access. Since these are engineering things we have to do we really don't have any choice. And agreements, "...private roadway shall incorporate a 20...", item number seven, "...concrete...", I am going to start again. "The improvements to this private roadway shall incorporate 20 feet of asphaltic concrete paving, including a 25 foot radius at the edge of pavement at the intersection with 116th Avenue SE; and all weather crossing of the open drainage course which crosses the subject property..." I take it we are talking about the open ditch at 116th? Wickstrom: I think they are referring to the Reeves, is that now closed? It goes all through your property where you have tighten it? Sharp: Yeah, but we're talking about here, I believe, in item seven, the ... up here in 116th... we're... come out to 116th, because we have to... Morford: The 25 foot radius. Sharp: ...then we have to go 25 foot radius up there. And then we have to put a pipe, we have to extend that pipe to this open ditch... this open ditch that runs along the edge of the road, and we're not talking about the other open ditch. Wickstrom: This is closed now. Sharp: Oh, o.k., so that we understand that this is 116th. Morford: It goes into the same... Sharp: Right, this runs down this way, it runs down that hill. 5 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Phillips: I guess we'll need some clarification on this. There's a requirement, requirement number having to do with the stream restoration. And so, with a culvert over that open stream, so I think that was what, I don't know if that... Sharp: No, I am referring to 116th, I believe item number seven has to do with the access to the property from 116th. And the undergrounded ditch is the thing that is a separate issue. Wickstrom: If that original condition stands, all we're saying is they'll have to culvert, to culvert that... Sharp: Yeah, that's reasonable. Wickstrom: That's all we're saying. Harris: O.k., is there anything more on seven? Sharp: Oh, yeah, in the Fire Marshal... Dinsdale: Before we leave that item. What happens up there right now at 116th, remember ... we started improving that area to the north, and including the culverts and so forth and everything was in a temporary condition because there really isn't any ditch there. The water basically runs off onto the property. And then it finds it's way and basically runs ... and so we're going to try to put a culvert in to meet the potential Engineering requirements later. That could be pretty tough to do... Wickstrom: I don't think we are talking about those. I think if there is a ditch there you have to culvert it, culvert it now it will remain, because a road is crossing it... that's all we're talking about. Morford: There is no ditch. Dinsdale: At 116th there is no ditch there, there is no culvert there. Wickstrom: We are talking about... Sharp: That's not going to be... yeah, there's no question this has to stay. Wickstrom: Down here in order to get a road, a paved road. Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Sharp: Then, the other issue is the Fire Department's requirement for a turnaround. Paul obtained drawings from the Fire Department and we think we can make the shunt work on the back lot or lot number two here. Morford: Well, I guess we can, I think it will be better... Sharp: Here? Morford: Yeah. Larry Webb: What's going to happen to the property to the south? Sharp: Here? Webb• Yeah. VOICES ALL TALKING AT ONCE. Webb: O.k. This hydrant you said was 625 feet from the lot line to 116th? Voice: Over to the north. Webb: Opposite side of the street, right? Dinsdale: It's from... to the street that comes back into Colonial Square from the north. Webb: O.k. To far away to make 600 foot. Dinsdale: I know some... Morford: Could it be left to 600 foot right to the property? Webb: That says 625 feet here ... end to end, right? Sharp: Right. Webb: So the house is on lot one it's going to be 580 or something. Sharp: Paul will have to answer where the hydrant is. Morford: This is a field measure, but, this 320 feet to the back of the property. The fire hydrant is probably right here. 7 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Webb: Aren't you out here on 116th? Morford: Pardon. Webb: What do you mean over here? VOICES ALL TALKING AT ONCE. Webb: can a fire engine... to that? Morford: Yes, the road is right here. Webb: The fire... if I get this address here, is the fire engine going to get this hydrant or is it going to want one from out here? Morford: All I know is there is a fire hydrant here. Webb: O.k., that is not as the fire engine would lay hose. There's going to be cyclone fences here isn't there and trees, brush and neighbors yards. Morford• Yeah. Webb: The fire hydrant has to be usable by the fire hydrant... by the Fire Department which will be out at 116th. Probably right at that driveway across the street because I think the main is... Morford: There is a fire hydrant out there also. Webb: I think it's more than a little ways. I think it is too far. Its got to be right there. Morford: It wouldn't be within the 600 feet. Webb: O.k., the hydrant has to be on 116th, probably right at that driveway. Morford: And that would work then? Webb: That will work. The Fire Code says whenever you go 150 foot you got to supply a turnaround. We're interpreting a private residence is then everybody should have a cul-de-sac. So we, if you have a fire hydrant at this driveway, we'll let you go 600 foot with no turnaround. That means 600 foot because the hose bed is empty. We won't go 605 feet or anything else. If we can pull up to lot number one, engine in front of the house, and the hydrant's Verbatim Minutes of the 3/16/94 Meeting The Woods r#'SP-94-3 out here, that's good. If it is more than 600 feet, you're going to sprinkler. If I can place 625 feet right here, I think you're going to make it. Morford: Yeah, that's... Webb: The hydrant's got to be... Morford: Right there. Webb: ...right there. Might have to be on the wrong side of the street. Because I think the main is right over here. Morford: Yeah, the main is on that side... is there's anyway to determine right now if we can have it on that side of the street? Webb: I don't know with these drawings. Harris: I would say no, this meeting is not set up to do that, we've got a condition here; you need to work with the Fire Department to consummate the condition and we need to move on. Webb: And we'll say a hydrant in the neighbor's yard is no good for our use. Sharp: Yes. We understand the 600 feet. Hope we never have to use it. Harris: Number eight. Sharp: O. K., number eight..., "Required engineered drawings shall show clearly how stormwater runoff will not adversely impact off site properties, and will convey stormwater to the drainage course which crosses the subject property." That's something we can work with. We understand we are not going to dump water on the neighbors property. O. K., the next one was eleven. "The subdivider shall acquire and grant an easement, for walkway/pedestrian access, along entire length of the subdivision street. This easement shall be a minimum of eight feet..." We don't understand what that is. 9 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Wickstrom: Did we resolve ... you resolve whether they had thirty feet, thirty five or twenty foot? Sharp: Twenty foot. It'g going to be twenty. VOICES ALL TALKING AT ONCE Wickstrom: Is there a lot line adjustment... Sharp: We'll do a lot lime adjustment there. I didn't know that at the a lot line adjustment. So th i will�now be, instead of135 feetng to , 20 feet. Wickstrom: That's when ''7e were... ere..25to ause walk, of that long panhandle, to get a place for pedestrians Shar • Does that mean itis paved. A car only takes up a ten foot lane. Wickstrom: You can delete eleven. Sharp: O. K., so then the next one is B? Harris: I thought we got, done all that. Sharp: Yea. So I guess the unresolved issue is one. Harris: We need to come back to A-1. Morford: General information, item 1, C, zoning there is some... Harris: Let's finish the conditions and go back to that later, otherwise we are going to be flitting all over the place. O. K., we're back to A-1. Linda you had a problem. Phillips: Yeah. In support of the City's keeping this as a stream, you were saying that there was some authority of the departments to be able to revise the map. But I spoke at length with the Fisheries Department and they still require a hydraulics permit on this tributary and their map that classifies this stream is, their definition does not include the fact that it is culverted or not. Fisheries doesn't care ... it's potential apparently that they judge on. And so their map matches the City's stream map as far as where those tributaries are. It's a classified stream and the fact that it has been heavily culverted makes no difference to the State. Fu Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 So that's where we stand in support of ... I mean, probably we don't have any choice that it's a stream. Morford: We have had the same dealings... The Fisheries people came out and said it's not a stream. We've got a letter to that effect. Phillips: Well at this point this is a stream. And so our Code applies. Dinsdale: Is this the Fisheries map? Phillips: This is the Fisheries classification map, right. Dinsdale: You're saying that map is the same... Phillips: Yeah. It matches the map that we have here in the report. Morford: It's not a... Phillips: No, they didn't use the city map at all. Sharp: Yes, that is the same map that we have here, right? Phillips: Yeah. Then there is another map, he sent me the wrong, he sent me 29, he didn't send me 28 and there also is another that Fisheries uses that shows... Dinsdale: Well, apparently this isn't an up-to-date Fisheries map, because... Phillips: Well, you're talking about it's not correct because it's been culverted. Dinsdale: No, it's not correct because the stream does not follow the... in there... the channel is not shown. Phillips: So how are you establishing that? That would have to be established by the Fisheries Department. Dinsdale: When the widening of Kent-Kangley was done and the Fisheries permit was given to, and when the City did the storm system in 1980 and later, when it was revised again, apparently a stake was found in there ... where is the current information from the Fisheries Department? 11 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Phillips: Yeah, the issue is that even though the stream's been diverted or culverted or changed in various ways, impacted by development, it's still a stream. The fact, the definition of it being a stream is true, maybe the course has changed slightly, but it's still, you're not going to be at issue at all with the fact that the stream crosses the subject property and Fisheries and the City still have a definition that makes it a stream. Morford: What is that definition? Phillips: Fisheries... the only time when Fisheries would say that a stream is not a stream, well the City definition is in the ordinance. It's in the very front of the ordinance. Harris: I think that the issue before us is, do we leave this condition in or do we take this condition out. That is evidently what the applicants are wanting. Then the applicants position is that it is not a stream, it's not a tributary of anything, it's a ditch. The staff at this time... position is that it is a tributary to a stream. That it was covered over a number of years ago and we sent a letter saying that wasn't... shouldn't have been done, and it was done. Maybe some other things have been done to that creek or stream. And I guess the way we are going to determine this is when we vote on this ... how we as a committee vote, whether this to stay in or not. Sharp: Jim, if we thought we could make this thing a stream we'd do it. I don't think that it makes one bit of difference, I am not a Fisheries biologist, but from what I can see, it makes not one bit of difference opening this thing up. Right down the street it's covered; there's not going to be ever any fish coming up this thing. You know I went through it today, again, and it runs along the ditch here, there's culverting. I mean it's a matter of reasonableness I think. Dinsdale: The fish are not going to jump out of a culvert, through a grate up into the ditch. Harris: It's not necessarily a matter of fish being in there. It's the head waters of a creek and stream that has fisheries. Dinsdale: I would say from that standpoint one of the most important things the Fisheries Department is concerned about is the warming of the water here. To open the ditch up would actually be negative from that standpoint from the Fisheries Department. 12 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Phillips: Fisheries is not the only issue. There is water quality, habitat of other kinds and so, in backing up the definition of a stream, for instance, the Fisheries Department still calls it a stream, but there are other issues besides Fisheries, there are other habitats and the department of wildlife and other... Morford: Have any of you walked this? Phillips: I walked part of it, I didn't get to the... Morford: If we vote on it, hopefully the people that vote on it would walk it before you vote. You may need to continue it again. But the other thing is, I think Don knows this, if you walk part of this, you're talking about habitat, I think there are all kinds of issues here, but before the last section for about 3 or 400 feet, or maybe longer, it is the shoulder of the road where the grease from the road runs off which... we tried to demonstrate that it's a ditch not a stream. But in fact the City has made it a ditch shoulder of the road, and there is no way that the City, if they had environmental concerns would have ever done that. I know the engineering office... from 116th, from Kent-Kangley north, it is the shoulder of the road. I have never ever seen any stream or tributary that's got the oil from the strip coming off it. Phillips: Well, those issues are issues that may remain to be corrected as far as water quality concerns. Morford: But anyway, Tom read the, your ordinance and, I've been following these things too, and that was basically our ordinance look's at that hearing. You've done a map from aerials, and whatever. The map now there is no where near the same as what is actually out there. And so, therefore, it really needs to be addressed by the City and we're pointing out, give me the—their data to make their correction. Or maybe you go out there and do your survey separate from us and include something different. But until the Engineering Department and the ... whoever needs to physically, I guess verify what we are saying. Phillips: Of course the issue is on this subject property... Harris: I think that we got to move this on. We've heard you and you have heard us. We've got the condition in here. Is there ... is 13 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 there anyone on the committee got any discussion they would like to have on this. Wickstrom: I do have some concerns about that being classified as an open stream based on physical characteristics of it now. I know if it is on Fisheries' designation then they usurp all of our designation and even our drainage requirements. They have taken over our authority to do anything in that area, so I guess we have a problem in terms of ... I can see the applicants' point that it is not really what you call a stream. Doesn't have the characteristics of a stream at this point. I also want known that Fisheries can overrule us. In requiring, if you need a Fisheries permit, if they say you need a Fisheries permit, they can, will require you to retrofit your site. If it's water quality facilities and detention facilities we get into a whole other concern. Morford: And we don't have a concern with Fisheries Department because they have been out there before. They were out there years ago. Today there's a different individual. When we did Colonial Square and they said, "hey, you know..." Wickstrom: I know in the last... Morford: And we don't have any problem dealing with them on this issue... Wickstrom: ...over the last two years, they have taken total jurisdiction control, they claim total jurisdictional control over drainage facilities within our jurisdiction. An theoretically they say we should be getting approvals on all drainage plans... As for a Fisheries permit they are going to, and Fisheries phase, they're going ... you're going to be faced with some pretty stringent requirements. Harris: One thing that might be in this condition is to have it contingent upon Fisheries. And you getting a Fisheries permit, contacting them, having them contact us and work out what you may have to do with this. Morford: I guess I don't, I personally don't have any problem with that. Harris: But with leaving this here and with a caveat that this hinges on, as much as anything, Fisheries. 14 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Dinsdale: Approval of Fisheries... Harris: And if they, now, if they renege on this and say that no, they have changed their mind, they don't care, then we have to come back and Don and I and staff have to sit down and figure out what the status of that creek or stream is as per ordinance. Wickstrom: If Fisheries doesn't care, then, as Jim said, and it remains culverted, then we have other conditions relating to asbuilt plans, design capacity of the system, easement requirements, that would have to be complied with. Harris: Let's put that, add that on there and we'll leave this as it is contingent upon Fisheries; whatever Fisheries gives. Wickstrom: That would be a permit contingent upon Fisheries approving an existing system or continuation of your existing system. If Fisheries says no... Harris: Then, if they say no, they may make you restore or do whatever. We would work together on that. If they say ... I mean if they say, no you can't continue on like you are. If they say go ahead, we don't care, we're not going to give you a permit or anything, then we have to come back and reclassify the creek someway. Wickstrom: I guess it would be subject to them getting the necessary approval from Fisheries for the existing systems that is there. If you can't secure that, then we've got to go back to this condition and if you can secure that then you have to come back to the committee for a modification of this condition. Morford: I think it will benefit everybody because they say that probably want you to culvert the shoulder of the road and stuff. Harris: Well, see, here's what's going to happen and it is coming very soon. The whole basin here is in a big muddle about water quality and what's happened to creeks and streams and even the tiniest little tributaries that only flow six months out of the year. If things continue as they are, the Federal Government will step in here and take over the whole scheme. Everything in Pierce County that flows into the Green, everything in the Enumclaw Plateau that flows into the Green and everything in King County that flows into the Green. If we can work these problems out ahead of time and the Corps of Engineers and the Feds, and I am not sure which Federal Department 15 Verbatim Minutes of the 3/16/94 Meeting The Woods #sP-94-3 would be in charge, could see that we are making some progress. Because the Muckleshoot Indian Tribe is involved in this. Their fisheries have been diminished to almost nothing which is part of their livelihood and they can chronicle that and make a statement on that. I think what we've got to do is work diligently up front to protect, where we can, and, however we do it, every little trickle that starts upstream that becomes a thickercl ekhat becomes a true stream, becomes then part of the Big Soos Creek and on into the Green. And so, in a statement, does everyone kind of understand the modification of the condition. Morford: We fully, I mean ... you know we like streams. Harris: Let's... Phillips: I have one question and that is if, if the applicant asks for approval of the stream as presently culverted, I don't know, what the Fisheries process for doing that is. If they ask for Fisheries determination of whether this strathat's ma different should be daylighted as required by the City of Kent, process. So I am a little concerned about the fact that, from...I discussed with the Fisheries Department, the culverting was illegal in 1989 when it was culverted because they would have required a hydraulics permit at that time to do it. There have been permits from the City or from the State. And so, therefore, I just wanted a little bit more discussion about, is that the best way to proceed, is that still... Harris: Well, we've got to tie in with Fisheries someplace, someway, there's an actor in this. Phillips: Were ... the City, in any case, wants this stream restored because of our City Code... Harris: Well, I think we need guidance on that from others, so... Phillips: Well, the City's asking the applicant to ask for approval for a culverted stream is counter to the City Codes saying that the stream should be restored. is one you ere hat Wickstrom: I t as has the re are twoissuerighth to prove tupdated the a have to have, pp 16 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 information and when it is supposedly classified as a stream in the first place. That's the one issue. The second issue is whether or not the Fisheries would approve or allow to continue the culverted system (unclear) if they don't approve that, it's practically a ditch, to allow it to continue as presently a ditch (unclear) they say well ... then it's an issue of whether there is enough information to provide (unclear) it may not be classified as a stream. Phillips: The City has told them it should be daylighted. We really are contesting our Code to this application, but that would mean that if they do ask them to unculvert it, then does that mean, I mean that they will not approve it in culvert. Morford: Well, Linda, the whole issue here is that Code says if we show, if anybody shows that the map's wrong, not correct, there's Code allowance for that and that's the issue we're raising, we're discussing. Phillips: The issue we're discussing is whether it's o.k. for you leave the stream in the culvert, and I think that's what a different issue. That's ... if that's the way we want to approach it. Harris: I think we need a ... to tie in with the Fisheries Department now and find out what's going on in that area. Are there any other... Webb: Maybe what you should write... what's... what are your requirements for the request. And have Fisheries answer it. And, then, maybe you should agree what you think it is. Phillips: Well, I... Webb: Sounds like we are going after two separate things. Harris: Well what I want to make sure is that ... yeah, I want to make sure that Fisheries isn't ask the question, can I do this culvert here and yeah, we don't care. That isn't what the question is. The question is there a creek or stream or a tributary to one and how do you feel about what's going on there. That's the question that has to be asked of Fisheries. Phillips: Actually answered that... 17 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Harris: And, I think we need to get a letter from them then, and some correspondence and then you also need to talk with them so that both parties are talking to them. But, if you are talking to them about this culvert here and I want to continue culverting this and you talk to somebody other than to who we talked to, you may get cross answers. Morford: Well, it's obvious that Linda's bent on having the thing opened up. MANY VOICES ALL TOGETHER. Harris: If that's what it is, we'll close this meeting right now and you can appeal this to... this City Council... Morford: I can't speak candidly here. Harris: You can't speak by putting someone down. Morford: I didn't think I put her down. Harris: You certainly did. Morford: That's your opinion. (end of side A) The real point here, I think we're getting off of ... I think Don's made some good points there, that the Code very specifically acknowledges when you do these maps ... that there are ... they even say in the preamble there ... that they are the maps with best data that they have and you know they probably didn't walk every inch of the stream or what not. And so, I think the Code is well written, its read there that says if there is other data that leads... Harris: But, Paul, that's a catch 22. You guys filled up part of this. When we did that map that creek was open on your property and you filled it up. Morford: O.k., that's the same stream that the City filled in ... the neighbor's filled in ... the State filled in... the County filled in. Harris: But, you filled it in. Morford: That's correct. Harris: Without a permit. "U. Verbatim Minutes of the 3/16/94 Meeting - The Woods #SP -94-3 Morford: That's correct. Harris: And wrecked part of the creek. Wickstrom: The issue is whether he can go back and get a ... go back and get a ... have Fisheries essentially approve a hydraulic permit as if it were received in 189. Phillips: Well, I would like to propose a counter to that and that is, if Fisheries... if they closure... Fisheries permit that opens the stream as required by the City of Kent Zoning Code, and Fisheries says no, you don't need a hydraulics permit, that's not a stream we're concerned about, then the City would say you need not open it. Because that would be ... I mean, our first recommendation ... since our Code says it is a stream, and we have every indication that it is a stream, then if they don't require a hydraulics permit, for the work that the City is requiring, then the City would accept that as proof that, that it is no longer a stream; Fisheries doesn't care about it, Wildlife doesn't care about it, and that it, the (unclear) State would apply, the way it is now... Harris: That's something that we have to find out. Phillips: That's right, so, I would like to see it based on opening the stream rather than on leaving it closed. That's where my concern is. Because Fisheries may have other, other policies that say, in five years we're not going to preserve this (unclear) opening of the stream which is a different thing than saying working in this stream requires a hydraulics permit. Harris: Well, that's what we will have to find out from Fisheries. We will ... this Department will propose that question to them. Morford: We don't need to talk to them? Harris: You can talk to them. But we're going to find out and get a letter from them about how ... what they think about this system here. Sharp: Who ... who have you been talking to in Fisheries, Linda? Wickstrom: Do we have a modification for this condition? (an aside) Harris: Well, I think they will ... they'll have to find out from Fisheries. (an aside) 19 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Shar • Are we going to continue this? Harris: No, we can't continue this any longer. Morford: Again, I urge the members of this Committee to walk that thing before you vote. Wickstrom: I think we are looking for a modification of the condition that would... Harris: And I would suggest... Wickstrom: ....that would address the Fisheries permit and the need for the condition. Harris: I would suggest that that modification is on the record here and we will do diligently contact Fisheries and get back to you on what the status of that is. Morford: You're not going to vote on it. Harris: We're going to vote on it and with that change to condition one. Morford: O.k., now, there's a couple of things coming back on the history is that appropriate to address now? Harris: Yes. Morford: One is C zoning ... is an error. Harris: What page is that on. Morford: It is on the first page. Harris: Page one, I.C. Morford: The fourth line down. It says ... the third line down... the last... first sentence on the third line down; it says: "Property directly south...", should be scratched. Also, south is perties located"... strike east and zoned RM ... MRM and 7200, "and pro put west ... "and north are zoned MRM, Medium Dens G rdenity Density Residential" and after its comma, and MRG, Multifamily Residential," all should be struck. There is no multifamily there... it's higher density adjacent. 20 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 And then we read on through, "property located directly north is zoned R1-12." And it's MRM. That's directly north of the Colonial Square property. And I thought ... had I been writing this, I would have made those corrections and I would have said property adjacent on three sides is zoned MRM, north, west and south. Harris: Do you have any other comments on the staff report? Morford: Yes, I have. On the history ... oh...and on land use D. "The property is presently undeveloped". And it's not correct. It should be said developed with one house. Phillips: One house, that's right. Morford: And under Site History. The whole Site History only deals with the violation and there is more to the site history than that. It seems ... it doesn't seem right only to relate the site history to the violation. Such as that site was MRM until the East Hill or the downzone here about three years ago and then it was downzoned. Those types of things which we want to be in the history, we ... the history should consist of something other than one letter that was already addressed. History should be property was zoned MRM say 20 years ago... taxed... you don't want to deal with that ... but due to unknown circumstances, even though the site is surrounded on three sides by MRM, was downzoned to single family. But, anyway, I think we need some history on that it was MRM. Phillips: We can put that in. We usually put in what is relevant and I wasn't there when it was downzoned and I didn't have any files. Harris: Did you have any other comments. ll O.k. , it's time to dmodify orsome otdenyhere on the shortss. plat 'for entertain Woods, motion to app #SP -94-3. Wickstrom• I recommend approval with the conditions as modified and recognize that modification to Condition A-1 as part of it is recorded. The intent there is on the tape. Harris: Recommended approval with changes as noted. 21 Verbatim Minutes of the 3/16/94 Meeting The Woods #SP -94-3 Thorell: Second. Harris: O.k. Is there any discussion? All in favor? AYES. O.k., the motion carries. so your plat is approved with these caveats, specially on I -A, and I'll try to get some of this stuff off the tape here so we can get it written up for you. O.k., that concludes the meeting on The Woods #SP -94-3. Kent Planning Department c:sp943min.326 22 HTCITY OF ) MW2 d1�7S4IICC9[A� PLANNING DEPARTMENT (206) 859-3390 SHORT SUBDIVISION COMMITTEE THE WOODS #SP -94-3 Meetings: 3/10/94 and 3/16/94 Approved: 3/16/94 Applicant appealed Verbatim Minutes of the 3/10/94 Meeting: Jim Harris: Short Subdivision Meeting for March 10, 1994. The first short plat on the agenda today is The Woods, #SP -94-03, and before we get into that short plat what I would like to do is go around the room and introduce ourselves and I'll start with myself. I am Jim Harris, Planning Director and Chairman of the Short Subdivision Committee. Don Wickstrom: Don Wickstrom, Public Works Director and member of the Short Plat Committee. Shupe Holmberg: Shupe Holmberg, Baima & Holmberg. Keith Benson: Keith Benson, Benson Short Plat. Nick Bucaheit: I am interested in this short plat for Mr. Benson here. Fran Nelson: Fran Nelson. Bob Nelson: Bob Nelson. Gary Wagner: Gary Wagner, real estate broker. Noelle Rogerson: Noelle Rogerson. Bill Dinsdale: Bill Dinsdale. Tom Sharp: Tom Sharp, SDM Properties. Linda Phillips: Linda Phillips with the Planning Department. Fred Satterstrom: Fred Satterstrom with the Planning Department. Patrice Thorell: Patrice Thorell, Parks Department. 1 Verbatim Minutes 3/10/94 Meeting The W000ds #SP -94-3 Harris: And Patrice is a member of the Short Subdivision committee. I' 11 read a little bit out of the Kent Subdivision Code, get it into the record. A little bit on how we operate. We do generally make a decision at this meeting. I'll read a little bit out of the Code. It says the Decision of the Short Subdivision Committee shall be made at the Short Subdivision Committee meeting. An additional meeting may be called if no decision is reached at the first meeting. The second shall be no later than seven (7) days after the first meeting. An applicant may request that an application, on which the Short Subdivision Committee has taken affirmative action, be reopened by the Committee if it is found by the Planning Director and the applicant that new information has come to light that might affect the action taken by the Short Subdivision Committee. In case of a denial by the Short Subdivision Committee, any appeal shall be made to the City Council as per Section 12.04.250 of this Subdivision Code. Let me turn the page and then read about the appeal. Titled, Appeal of Short Subdivision Committee Decision and this is Section 12.04.250 of the Subdivision Code. The decision of the Short Subdivision Committee shall be final unless an appeal by any aggrieved party is made to the City Council within fourteen (14) days after the Short Subdivision Committee's decision. The appeal shall be in writing to the City Council and filed with the City Clerk and Planning Department. The City Council shall act on the appeal within twenty-one (21) days unless an extension is agreed to, in writing, by the applicant. So, I'll open up the meeting for The Woods Short Plat #SP -94-03. Linda Phillips, from the Planning Department, will give us an overview of what the applicant is intending to do here. Linda? Linda Phillips: The Woods short plat #SP -94-03 is a proposal by SDM Properties to subdivide approximately an acre and a half parcel into four lots. They are large lots; they range from around 11,000 square feet to 21,000 square feet. So they all comply with the zoning of R1-7.2. The property is located just south of 25843 116th Avenue. It is reached by a panhandle type access road and which is on steep grande and then the lots are all fairly flat. 2 Verbatim Minutes 3/10/94 Meeting - The W000ds #SP -94-3 There were a couple of issues in the review of this short plat that were probably a little beyond the average one. The site history shows that there was, in the past, a letter written by the Planning Department regarding the filling and culverting of a stream that ran across the property. And this was in conjunction with culverting a stream on a property that is just north. And so, at this time as a condition of the short plat, the City is asking that the stream will be opened and restored with stream banks and stream beds that are subject to approval by both Public Works Department and Planning Department. Another issue was the panhandle road and the possibility of property developing to the east of this property that might also use that roadway. So there is an easement asked for over what now will be proposed to be a private road, so that, at some time, that may become a public road which serves more lots. So, generally, the conditions reflect the issues that were reviewed. And all of the departments, reviewed this short plat and presented the Planning Department their conditions of approval with the problems that are now found in the conditions. Harris: O.k. Thank you, Linda. The way we operate here is that we ... Linda has given an overview and talked a little bit about some things that are in the staff report. What we would like to do now is turn to page 7 of the staff report and have the applicant turn to 7, and the Committee members and where it talks about recommendations and potential conditions and have the applicant review with us those conditions, starting with A-11 2, 3 and going right down the list, page by page. So that we are open for discussion. The applicant can ask questions about a condition, ask that a condition be modified or ask why the condition is there or whatever you wish to do. So the ball is in your court. Tom Sharp: O.k., my name is Tom Sharp, I am one of the partners with SDM Properties and I can start with, first of all I will go through our concerns and questions and then I will ask for a continuance of this hearing, meeting. 3 Verbatim Minutes 3/10/94 Meeting The W000ds #SP -94-3 Harris: O.k., so you want to start with A-1, then. Sharp: Yeah, that's.... that's fine. Harris: If it's o.k. just say it's o.k., but if it's got some wording you don't like... Sharp: For one thing we have, we see this as a program stopper, and in 19.... Harris: Is that condition 1 you are talking about? Sharp: Right. Harris• O.k. Sharp: The entire condition 1. Harris• O.k. Sharp: In 1989, when we culverted this area, we were faced with some lawsuits concerning this open ditch, that bred mosquitos, that had mud in it. Kids had gotten stuck 'in it. And it was just -- prior to our buying the property, this property was kind of a horse farm, so this whole thing kind of got made into a big cess pool from horses, and we didn't see any real alternative but to culvert it. It was never, we, as far as we could tell there never was any fish or anything in this thing since it had been dead because of the horse... the horses were all padding around there. And the State has undergrounded the ditch downstream. The neighbors have undergrounded the ditch downstream too with a 12 inch culvert. It runs along the road as a drainage ditch and we think the designation of a significant stream is a ... probably a wrong one to make ... a culvert section to this requirement and it's beyond our comprehension how this can be considered a significant stream. Harris: Mr. Sharp, would you own up to have received a letter in 1989 talking about this and not doing anything about it, responding back. Sharp: We had a meeting with, first of all, we think this, let's go back a little bit. concerning history, to place the whole history of this site on one letter we think ... that the history should be expanded from the staff report. 4 Verbatim Minutes 3/10/94 Meeting The W000ds #SP -94-3 We had a meeting, which I didn't attend, but Paul Morford and Gary Gill and Randy Blake, who is no longer with the City, had a meeting out there concerning this in 189 after our receiving the letter. And, we showed them where this thing had been undergrounded prior to our doing anything with it. And we thought that the whole issue was resolved five years ago and then here it crops up again. And, you know, it's beyond us why this thing keeps rearing its head. Harris: O.k., so your saying you don't like the condition A-1? Sharp: Right. I am hoping there is a way around this. Harris: o.k. Did you have any comment on any of the other conditions? Sharp: Yeah. Harris: O.k. Sharp: We think there could be a conflict with the tree ordinance and the solar ordinance. Harris: We're on.... Sharp: Item 2. Harris: Two, o.k. Phillips: The tree ordinance and solar ordinance are standard conditions and solar states that whether or not compliance is required and is established by the applicant at the time of an application. Sharp: What does that mean? Phillips: That means that ... there's a test in the Zoning Code, and, so, measurements, so the applicant uses that formula to tell the City whether or not building plans have to be revised or built in accordance.... Sharp: So, you're talking about the application for a building permit. Phillips: That's right. k, Verbatim Minutes 3/10/94 Meeting The W000ds #SP -94-3 Sharb• o.k. Phillips: The condition is standard. Sharp: O.k.... all right ... so we have a (unclear) that we think could be a condition because there are significant trees there and it could be a condition. There could be a problem for future growth. Harris: O.k. I don't see trees on number 2, would you... Sharp: No, but I am saying there are some things here that are in the tree ordinance. Harris: O.k., continuing on then sequentially here. Sharp: There is an existing hydrant within 600 feet of this property and I would confirm this with the Engineering Department. Harris: O.k. Sharp: O.k., number 5 is... Harris: How about 4? Sharp: I don't have any comments. Harris: Four is o.k.? Sharp: It probably has to do with paying money. Harris: O.k. - 5. Sharp: The subdivide shall execute a no protest LID covenant for the future improvement of 116th. We think that we should execute such LID covenant for a width of 20 feet alone. What we're talking about is, since this property abuts 116th for 20 feet that we should, we'll become a party to that no protest LID for the 20 feet to the applied lot and not from the entire 160... Don Wickstrom: Let me read this. The issue would be how the property would be assessed and whether or not there would be benefits construed. That would be part of the LID probably. This just says you would participate in the LID. 9 Verbatim Minutes 3/10/94 Meeting The W000ds #SP -94-3 Sharp: And we say that's fine ... I know, Don, there are some things we go back... that's pretty much standard written down language isn't it? Wickstrom: Right. Harris: Six, then. Sharp: O.k., six, we say that we will provide engineering drawings for review for any stormwater to run to a ditch and in general draw all this probably for residential structures that could be built in the area. Bill Dinsdale: Is that what you were getting at there, Don? Wickstrom: No, we're just looking... Dinsdale: We're not talking about a water retention and storm drainage system for the short plat? Wickstrom: No. We're talking about how you are going to handle the run off ... the roads ... not to cause problems... Dinsdale: Right. Harris: O.k. Anything more on six? Sharp: No. Harris: O.k., seven then. Sharp: On seven we don't understand why a turnaround is a requirement for the Fire Department. There are instances all over the... Harris: The Fire Department back bind; you can come, actually come to the table if you want because... we have and their meeting...we'll be back for the next... Phillips: I think we had a discussion with you after the conditions were already in the report and you said that there was some variations on turnarounds because of the distance of the driveway. Sharp: We don't have any problem with doing something with the Fire Department. We want to know what it is before we say we'll agree to it. 7 Verbatim Minutes 3/10/94 Meeting The W000ds #SP -94-3 Mike Evans: What are you proposing. Shar • We don't have any proposal. We don't ... what the requirements are. Wickstrom: Why don't you give him a copy of that. Evans: ..45 feet outside, 23.2 inside, minimum 20 foot wide; surface approved per all weather to support apparatus of current size... Sharp: O.k., why don't we get back to you... and we can take a look...a look at it and see where we are. Evans: You can go ahead and propose something for me to look at and I can say whether it's adequate or not. Dinsdale: Our proposal is that we do not provide a turnaround; trucks can back out that short distance. Sharp: It's only 305 feet to this first lot here. Dinsdale: And there are short plats all around that area that have been done that way, so I am sure it's something that could be acceptable for the Fire Department. Sharp: Maybe we have a widened driveway or something for you to pull into or something, this lot right here; on lot number 2. Evans: Because there are existing lots not necessarily the criteria for all future. Because those don't conform doesn't mean that we eliminate them altogether. Dinsdale: There was one just done over here by the City just a short time ago I am familiar with because I bought one of the lots. Evans: Where was this at? Dinsdale: Over on 100th Avenue, just about a mile north of 240th on 100th Avenue. It was one of those... it was a drug seizure property that was short platted by the City... Harris: Let me tell you the way the committee is probably going to deal with a condition like that, like this. This condition will probably stay as it is stated, and, you, the Fire Department and the applicants will have to work it out, work the details out, because we can't sit here and work the details out. You don't have E. Verbatim Minutes 3/10/94 Meeting The W000ds #SP -94-3 a proposal for them to see and that is what they're going to have to have. So what we have in here is, "and a turnaround at a location, and designed, to the satisfaction of the Fire Marshal." That means getting to the middle of the table and talking about your needs and their needs and coming to some agreement. And we do this consistently, and if you found one some place where one wasn't done it may have been that something was worked out with the Fire Marshal where they came to an agreement that something didn't need to be done there. So could we move on then to the next one then. Sharp: O.k., eight, before we could do any engineering drawings for storm run off, concerning this property, someone has to tell us how we're going to handle the restrictions downstream with 12 foot culverts and so forth, 12 inch culverts, that have been installed. So I think that is an engineering thing that we have to work out. We want to bring up the issue, in that there are some significant restrictions downstream. When we put in this culvert, we put in 24 -inch culverts where eighteens, two eighteens that were required, and designed based on that previous design of colonial Square. O.k., number nine, I don't have any problems there. Number ten, we don!t have any problems with deeding the property along the 20 foot section of the flag lot to the City for the eventual; probably widening of 116th. Harris• Eleven. Shar : On number eleven, the issue of bike access, we take it that this bike access would be within the 20 foot, and not an additional right of way. Wickstrom: What is the width of that panhandle? Our Assessor Map shows 35. Is it 35 or... Sharp: It's 20. Wickstrom: What we reserve there is that there is the provisions within that 20 foot ... what we are talking about is a long panhandle that—did you do a lot line adjustment? Sharp: I don't think so. I think our deed says 20 feet. I'll have to check that out. We were always under the impression because our deed said 20. Maybe we had 35. E Verbatim Minutes 3/10/94 Meeting The W000ds #SP -94-3 That's it. All of the rest of these are minor questions. Harris: O.k., then you earlier, at the beginning of the meeting said that you were requesting a continuance? Sharp: Yeah, one week. Harris: O.k., so I would then move that we continue The Woods short subdivision #SP -94-3 until 10:00 next Thursday, which is the 17th, I think, yes seven days from today and here in this room. Wickstrom: So move. Harris: It has been so moved. Is there a second. Patrice Thorell: Second. Harris: All in favor. Wickstrom, Thorell, Harris: Aye. c:sp943.min 10 J CONSENT CALENDAR rV1J^r 3. City Council Action: CCouncilmember moves, Councilmember seconds that Con t Calendar Items A through P be approved. Discussion/} Action Approval of Minutes. Approval of the minutes of the regular Council meeting of March 15, 1994. Approval of Bills. Approval of payment of the bills received through March 4, 1994 and paid on March 15, 1994, after auditing by the Operations Committee on March 23, 1994. Approval of checks issued for vouchers: Date 3-1-94/3-15-94 Check Numbers 140719-141187 Approval of checks issued for payroll: Date Check Numbers 3-18-94 Checks 193318-193652 Advice 13736-14080 Amount $1,089,281.94 Amount $ 412,257.60 261.106.71 $ 673,364.31 Council Agenda Item No. 3 A -B Kent, Washington March 15, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Pro Tem Woods. Present: Councilmembers Bennett, Clark, Johnson, Mann and Orr, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Acting Parks Director Thorell, Finance Division Manager Miller and Public Information & Government Affairs Division Manager Martin. Mayor White arrived at the meeting at 7:20 p.m. Approximately 45 people were at the meeting. PUBLIC Introduction of Mayor's Appointees. Mayor COMMUNICATION Pro Tem Woods introduced Bob Beavers who is the Mayor's appointee to serve as a member of the Saturday Market Advisory Board. Regional Justice Center Update. Wendy Keller, Project Manager, noted that the demolition plan has been completed, the SEPA checklist was turned in to the City on March 4th for review, the RFP's are now being developed for the demolition and asbestos removal to go along with the plan, and that the demolition and asbestos removal is scheduled for May. She explained that the first phase of the remedia- tion to remove tanks outside of the building will occur on March 24th, and that they are working on developing the removal of the Penta tank on the Howard site which is Phase II. Keller noted that the Community and Business Advisory Group (CBAG) along with the 1% Committee will be touring the site tomorrow to see where the tanks are located, where Penta is, and what happens after the building is demolished, and get a general idea of how the site is laid out. She also informed the Council that CBAG will meet again on April 20th at 7:00 p.m. in the City Council Chambers to discuss mitigation issues. Keller explained that all the issues have been divided into two large groups in which each issue is being worked through during the design and submission of the demolition and remedia- tion plans. She noted that the first group consists of design, technical and environmental issues related to the permit and building process with careful attention given from the 1 March 15, 1994 PUBLIC buildings orientation to landscaping, lighting, COMMUNICATION and meeting with the neighbors surrounding the site. she explained that concentration on the traffic and transportation issues will continue for the next couple of months, and that they are testing out various alternatives and costing them. She noted that the second large category consists of operational issues or future potential issues, and that they are proposing a process to resolve these issues by creating a memorandum of understanding. She explained how the process will work, and that they hope to have all the memorandum of under- standing issues resolved before applying for a construction permit with technical and environ- mental issues completed before the construction documents are completed. She noted that the design development documents are completed, and that they have met with the technical and permit departments to thoroughly review all of the issues. Upon Clark's question, Keller noted that a special presentation could be done either at a Council meeting or in small sessions to discuss such things as each type or group of people who would be on the site at what hour, and on what basis they would be on for the number of hours they would stay or leave. Keller explained for Clark that the staffing will go through five different stages of review, and that the number of employees given to the Council at this point are at the second stage of review with three more to go. She noted that at full build out, approximately 8-10 years after the opening, the staff will be slightly over 700 total, but that not all of them would be on site because some would be fill-ins or relief staff. She explained that the number of new jobs will be between 480 and 520 with some being transfers. Upon Clark's question, she noted that they would be interested in perhaps conducting tours, letting the press through, and/or arranging events to allow people to see how it operates before the official opening date. Keller stated that she would be back the first meeting in April to give another update. 2 March 15, 1994 CONSENT ORR MOVED that Consent Calendar Items A through CALENDAR N, excluding Item O, be approved. Mann seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 1, 1994, and correcting the date at the top of pages 2-10 in the February 15, 1994, minutes from February 15, 1993, to February 15, 1994. HEALTH & (CONSENT CALENDAR - ITEM 3I) SANITATION Cambridge Short Plat. AUTHORIZATION to accept the bill of sale and warranty agreement sub- mitted by Altier Acquisition & Development for continuous operation and maintenance of 384 feet of watermain, 192 feet of storm sewer and 740 feet of street improvements and release of bonds after expiration of the maintenance period, as recommended by the Public Works Director. The project is in the vicinity of S. 270th Street and 43rd Place South. (CONSENT CALENDAR - ITEM 3J) James Court Townhouses. AUTHORIZATION to accept the bill of sale and warranty agreement submitted by March Development for continuous operation and maintenance of 56 feet of storm sewer and 190 feet of street improvements and release of bonds after expiration of the maintenance period, as recommended by the Public Works Director. The project is in the vicinity of 23829 102nd Avenue SE. SEWERS (CONSENT CALENDAR - ITEM 3H) 5th Avenue Sanitary Sewer Replacement. AUTHORIZATION to accept as complete the contract with R. L. Alia Company for the 5th Avenue Sanitary Sewer Replacement project, and release of retainage after receipt of State releases, as recommended by the Public Works Director. STREETS (CONSENT CALENDAR - ITEM 3E) 116th Avenue Road Improvements (264th -266th). AUTHORIZATION to accept as complete the con- tract with Lloyd Enterprises, Inc. for the 116th Avenue SE Road Improvements from SE 264th 3 March 15, 1994 STREETS St. to SE 266th St. project, and release of, retainage after receipt of State releases, as recommended by the Public Works Committee. SIDEWALKS (CONSENT CALENDAR - ITEM 3K) LID 342 - Smith Street Sidewalks. AUTHORIZATION to set May 3, 1994, as the public hearing date on the Final Assessment Roll for LID 342 - Smith Street Sidewalks. (BIDS - ITEM 5B) L_ID 342 Smith Street Sidewalks, Washington Avenue to 64th Avenue. The bid opening for this project was held on February 15th with 10 bids received. The low bid was submitted by Mer -Con, Inc. in the amount of $83,731.70. The engineer's estimate was $87,798.50. The pro- ject consists of installing concrete sidewalks on the north and south sides of West Smith Street from Washington Avenue to 64th Avenue South. The Public Works Committee has recom- mended that this bid be accepted. Public Works Director Wickstrom noted that there is an amendment to the award for LID 342 in that the low bid of $83,731.10 should be changed to $82,931.70. He explained that the difference of $800 is the cost for removing a sign in City right-of-way, and that the owner feels this is too costly so he will remove the sign himself. MANN MOVED that the contract for LID 342 - Smith Street Sidewalks, Schedule I, be awarded to Mer -Con, Inc. in the amount of $82,931.70. Bennett seconded and the motion carried. TRAFFIC (CONSENT CALENDAR - ITEM 3L) CONTROL LID 344 - 108th SE & SE 240th Traffic Signal. AUTHORIZATION to set May 3, 1994, as the public hearing date on the Final Assessment Roll for LID 344 - Traffic Signal at 108th Ave. SE & SE 240th St. (BIDS - ITEM 5A) LID 344 - 108th Avenue SE & SE 240th Traffic Signal. The bid opening for this project was held on March 2nd with 6 bids received. The low bid was submitted by Breaker Construction, 4 March 15, 1994 TRAFFIC Inc. in the amount of $84,724.00. The engi- CONTROL neer's estimate was $100,000. The project consists of installing a new traffic signal and modifications to the existing street lighting at the intersection of 108th Avenue SE & SE 240th Street. It is the recommendation of the Public Works Director that this bid be accepted. MANN MOVED that the contract for LID 344, Traffic Signal at 108th Avenue SE & SE 240th Street, be awarded to Breaker Construction, Inc. for the bid amount of $84,724.00. Bennett seconded and the motion carried. ANNEXATION (OTHER BUSINESS - 4B) Sharp Annexation (AN -94-2). This date has been set for a meeting with the initiators of the Sharp Annexation (AN -94-2), an area of approxi- mately 80 acres located adjacent to Kent's easterly boundary, lying easterly and adjacent to 116th Avenue, south of S.E. 240th Street, westerly of 120th Avenue S.E., and north of S.E. 248th Street. Staff recommends that the Council accept the 10% annexation petition and geographically modify the proposed boundaries by extending them to include all of the rights- of-way for 120th Avenue S.E. and S.E. 248th Street where they are adjacent to the proposed annexation. In addition, staff recommends that the Council authorize circulation of the 60% petition subject to the City's existing indebtedness. Planning Director Harris briefed the Council on the State Statutes regarding the type of meeting being conducted tonight. He emphasized that the meeting tonight is really with the initiating parties, but that others may want to speak on the issue. He went over the location of the Sharp Annexation for the Council, and explained that the size of the annexation is approximately 80 acres, 24 parcels with approx- imately 12 residential units, and a population of about 28. 5 March 15, 1994 ANNEXATION Harris explained that the County's recently adopted Soos Creek Plan designates the Sharp Annexation area as single-family residential with 1-8 dwelling units per acre, and that the Soos Creek Implementing zoning designates this area as GR -5 (Growth Reserve) with a minimum of 1 dwelling unit per five acres. He noted that the zoning is temporary and will automatically revert to two different zoning districts on December 31, 1994. He stated that the area adjacent to SE 240th Street will become RN2400P which is a medium density multi -family dwelling district with 1 unit per 2,400 sq. ft., and that the East Hill Plan covers this area with anticipation for development of 4-6 dwelling units per acre. Harris stated that the Sharp Annexation will have an interim zoning of R1-20 which is 1 dwelling unit per 20,000 sq. ft. upon annexa- tion with the final zoning applied within six months of the annexation. He explained the impacts the annexation will have on City operations with the immediate impact on the shifting of related revenues and responsibility for funding the area's current level of service in the Fire District. He noted that the Sharp Annexation satisfies the City's policies which were adopted in 1987 by Resolution No. 1150. He clarified for Woods that approximately 10 acres of this land will be designated multi- family by December 31, 1994, if not annexed to the City. Tom Sharp, 11126 SE 256th, Kent, representing SDM Properties, stated that Kent City Code Section 15.09.055 allows for the Hearing Examiner to rule on the initial zoning since the City currently has a comprehensive plan in place for this area. He noted that then the ordinance adopting the initial zoning may become effective upon annexation of the area, according to the law, and not after annexation. He noted that since the proposed annexation area is a part of the comprehensive plan, the zoning should be in effect prior to the final annexation adoption by the City. Bob Richardson, representing the First Christian E March 15, 1994 DOWNTOWN revenue from the citizens and businesses. PARTNERSHP $32,000 is already included in the 1994 Budget. The letter of agreement details the agreement with the City and the KDP, which includes progress reports on the matching revenue, activities and programs and the payment schedule. APPOINTMENT (CONSENTCALENDAR NMarketl TEM 3N) KentAdvisory Board. CONFIRMATION of the Mayor's appointment of Bob Beavers to serve as a member of the Saturday Market Advisory Board. Mr. Beavers is a Kent business owner, is active in the Kent Downtown Partnership, and is a long-time Kent resident. He will replace Linda Johnson, who resigned, and his term will continue to 10/95. PLANNING (CONSENT CALENDAR - ITEM 30) COMMISSION REMOVED BY COUNCILMEMBER ORR Planning Commission - Dismissal of Member. Authorization to set April 5, 1994, as the date for a public hearing on the dismissal of a Planning Commission member for unexcused absences. Councilmember Orr explained that the Planning Commission member has resigned and that no further action is needed. REZONE (OTHER BUSINESS - ITEM 4A) Top of the Hill Rezone (RZ-93-4). (Mayor White arrived at the meeting just prior to discussion of this item.) This date has been set to consider the Hearing Examiner's recommendation of approval of an application by Baima & Holmberg, Inc. to rezone 7.25 acres from R1-7.21 Single Family Residen- tial, to R1-5.01 Single Family Residential. The property is located at 10050 S.E. 244th Street. Woods expressed concern regarding an article in today's newspaper suggesting that the rezone might have been discussed out -of -order at the recent Council retreat. She stated for the public record that during the discussion on Growth Management and Affordable Housing, this 9 March 15, 1994 REZONE item did come up in passing, but certainly wasn't the focus of the Council's discussion at that time. She noted that it would not have been appropriate to do so, and that if there has been some misunderstanding, the Council would like to extend its apology and assure all participating parties that that was not the case. Matt Jackson from the Planning Department gave a brief overview, and noted that the rezone was requested in order to build a 42 -lot sub- division on four existing lots. He explained that the site was annexed to the City in 1987 as part of the East Hill Well Annexation with land uses varied as is the zoning. He noted that the site is generally flat with slopes of less than 5%, and City services available. He stated that a designation of non -significance was issued on September 17, 1993 (NV -93-36) with 15 conditions, and that on February 1, 1994, the Hearing Examiner recommended approval of the rezone. ORR MOVED to accept the find- ings of the.Hearing Examiner, and to adopt the Hearing Examiner's recommendation of approval to of the Top of the Hill Rezone (RZ-93-4), and direct the City Attorney to prepare the neces- sary ordinance. Bennett seconded. Orr stated that the comments made at the retreat may have been taken out of context and misinterpreted because this particular piece of property was not the topic of their discussion. She noted that in the past she has not favored this type of rezoning, but that the site is unusual based upon its location and surrounding uses, so this is probably an appropriate use which she supports. She opined that this type of zoning should be used sparingly and not as an opportunity for single-family zoning land to be suddenly turned into 5,000 square foot lots because it may not be appropriate in every location. The motion then carried. Paul Morford noted that some people in the audience would like to speak to this issue. Mayor White explained that since the motion was made and passed nothing would change, but that 10 March 15, 1994 REZONE they would be happy to hear from those in the audience. Operations Director McFall commented that the Hearing Examiner conducts the public hearing on rezones, and that this hearing has already been held. There were no further comments from the audience. ECONOMIC (OTHER BUSINESS - ITEM 4C) DEVELOPMENT Cascade Development Company - Resolution CORPORATION Approving Second Supplemental Indenture. In 1985, the City of Kent Economic Development Corporation issued bonds on behalf of Cascade Development Company, the obligors on the bonds. (City of Kent Economic Development Corporation Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985.) Cascade Develop- ment Company now wishes to refinance these bonds. In the process of doing so, Cascade Development Company is asking the Economic Development Corporation and City Council to approve a second supplemental indenture to amend notice requirements for the refinancing. The Economic Development Corporation is ex- pected to consider this request prior to the Council meeting. JOHNSON MOVED to adopt Resolution No. 1386 approving a second supplemental indenture for Cascade Development Company as obligor on bonds issued through the City of Kent Economic Development Corporation. Woods seconded. Lubovich noted that the Economic Development Corporation did hear the matter at 4:45 p.m. this afternoon and passed a resolution sup- porting the amendment to the indenture. The motion then carried. COUNCIL (CONSENT CALENDAR - ITEM 3M) Council Absence. APPROVAL of a request for an excused absence from the March 15, 1994, City Council meeting from Councilmember Christi Houser. She will be unable to attend. POLICE (CONSENT CALENDAR - ITEM 3G) DEPARTMENT Investigative Buy Account - Ordinance Amendment. ADOPTION of Ordinance No. 3159 creating an investigative buy account for the City of Kent Police Department. 11 March 15, 1994 POLICE Authorization is requested to amend Kent City DEPARTMENT Code Section 3.41 to add an investigative buy account for the Kent Police Department. This account shall not exceed $10,000 and will be used for investigative enforcement of acti- vities not related to drugs or gambling which are already authorized in the original part of this ordinance. The additional sections of the ordinance: 1) create the investigative buy account; 2) allow transfer of funds; and 3) allow the lawful spending for investigation related to such items as stolen property or prostitution. Funds are already included in the 1994 Budget, however, the ordinance needs to be approved to allow lawful investigative spending. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through February 16, 1994 and paid on February 28, after auditing by the Operations Committee on March 9, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 2/16-2/28 140284-140718 $1,4001407.42 Approval of checks issued for payroll: Date Check Numbers Amount 3/4/94 Checks 192959-193317 $ 254,315.82 Advice 13396-13735 387,992.48 $ 642,308.30 REPORTS Council President. Woods noted that Kent will be hosting the April meeting of the Suburban Cities Association, and that more details will be forthcoming. She also noted that the Suburban Cities Board will hold a special meeting, with representatives of all 32 cities in the County, on March 23rd to consider Growth Management proposals including affordable housing. She explained that the issues will be 12 March 15, 1994 REPORTS acted upon in early April so it may be neces- sary to call a special meeting of the City Council and/or a workshop to give direction to our representative, the Mayor, as to how our Growth Management representatives from Suburban Cities should vote at those upcoming meetings. Operations Committee. Johnson noted that the next Operations Committee meeting will be at 9:30 a.m., Wednesday, March 23, 1994. Planning Committee. Orr announced that a briefing on the Growth Management Act was given today at the Planning Committee meeting, and that she requested Council be kept apprised of the proposals coming from staff regarding the EIS and Comprehensive Plan. She explained that information only packets will be coming to the Council simultaneously as they are submitted to the Planning Commission, but stressed that the packets are not for input into the Planning Commission process. - Public Safety. Bennett noted that an issue regarding parental responsibility/curfew ordinance was discussed today at 5:00 p.m. by the Public Safety Committee. He explained that a special meeting has been proposed for the last week in March, but that he needs to con- firm it with Committeemember Houser, who was unable to attend the meeting, before notifi- cation is sent out. ADJOURNMENT ADJOURNED at 8:02 p.m. Donna Swaw Deputy City Clerk 13 Kent City Council Meeting Date April 5 1994 Category Consent Calendar 1. SUBJECT: TOP OF THE HILL REZONE w^Dnrrra�r^� - 2. SUMMARY STATEMENT: Adoption of Ordinance No. 3l�tO for the Top of the Hill Rezone (RZ-93-4)� as approved by the City Council on March 15, 1994. 3. EXHIBITS: Ordinance and City Council minutes of 3/15/94 4. RECOMMENDED BY: Cit Council (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended W EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. 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, to rezone approximately 7.25 acres of property from R1- 7.2, Single Family Residential (minimum lot size of 7,200 square feet) to R1-5.0, Single Family Residential (minimum lot size of 5,000 square feet). WHEREAS, on December 3, 1993, an application for a rezone was filed by Baima & Holmberg, Inc., seeking to rezone approximately 7.25 acres of property from R1-7.2, Single Family Residential (minimum lot size of 7,200 square feet) to R1-5.0, Single Family Residential (minimum lot size of 5,000 square feet); and WHEREAS, on September 17, 1993, an environmental Mitigated Determination of Nonsignificance (MDNS), with fifteen conditions, was issued by the Kent Planning Department; and WHEREAS, a public hearing on the rezone request was held before the Hearing Examiner on February 2, 1993; and WHEREAS, the Hearing Examiner issued findings that the proposed rezone is consistent with the comprehensive plan, that the proposed rezone and subsequent development of the site would be compatible with development in the vicinity, that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated, that circumstances have substantially changed since the establishment of the current zoning district to warrant the proposed rezone, and that the proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent; and WHEREAS, these findings are consistent with the standards for a rezone set forth in Section 15.09.050(A)(3) of the Kent City Code; and WHEREAS, on March 15, 1994, the Kent City Council held a public meeting to consider the Hearing Examiner's recommendation that the application to rezone approximately 7.25 acres of property from R1-7.2 (attached as Exhibit A), Single Family Residential (minimum lot size of 7,200 square feet) to R1- ... 5.0, Single Family Residential (minimum lot size of 5,000 square feet) be approved; and WHEREAS, the City Council moved to accept the findings of the Hearing Examiner and to adopt the Hearing Examiner's recommendation for approval of rezone RZ-93-4, also known as the Top of the Hill rezone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The subject property located at 10050 SE 244th Street and depicted in Exhibit A, attached, consisting of approximately 7.25 acres of property which is presently zoned Rl- 7.2, Single Family Residential (minimum lot size of 7,200 square 2 feet) be rezoned to R1-5.0, Single Family Residential (minimum lot size of 5,000 square feet). Section 2. Severability• If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 y PASSED da of 1994. day y of 1994. day y of 1994. I hereby certify that this is a true copy of Ordinance No. Passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. topohl.ord BRENDA JACOBER, CITY CLERK 4 (SEAL) City of Kent - Planning Department EXHIBIT A tit APPLICATION NAME: Top of the Hill NUMBER: #RZ-93-4 REQUEST: Rezone Zoning / Topography DATE: February 2, 1994 LEGEND s, Application site ® Zoning boundary Kent City Limits March 15, 1994 DOWNTOWN revenue from the citizens and businesses. PARTNERSHP $32,000 is already included in the 1994 Budget. The letter of agreement details the agreement with the City and the KDP, which includes progress reports on the matching revenue, activities and programs and the payment schedule. APPOINTMENT (CONSENT CALENDAR - ITEM 3N) Kent Saturday Market Advisory Board CONFIRMATION of the Mayor's appointment of Bob Beavers to serve as a member of the Saturday Market Advisory Board. Mr. Beavers is a Kent business owner, is active in the Kent Downtown Partnership, and is a long-time Kent resident. He will replace Linda Johnson, who resigned, and his term will continue to 10/95. PLANNING (CONSENT CALENDAR - ITEM 30) COMMISSION REMOVED BY COUNCILMEMBER ORR Planning Commission - Dismissal of Member. Authorization to set April 5, 1994, as the date for a public hearing on the dismissal of a Planning Commission member for unexcused absences. Councilmember Orr explained that the Planning Commission member has resigned and that no further action is needed. REZONE (OTHER BUSINESS - ITEM 4A) Top of the Hill Rezone (RZ-93-4) (Mayor White arrived at the meeting just prior to discussion of this item.) This date has been set to consider the Hearing Examiner's recommendation of approval of an application by Baima & Holmberg, Inc. to rezone 7.25 acres from R1-7.2, Single Family Residen- tial, to R1-5.0, Single Family Residential. The property is located at 10050 S.E. 244th Street. Woods expressed concern regarding an article in today's newspaper suggesting that the rezone might have been discussed out -of -order at the recent Council retreat. She stated for the public record that during the discussion on Growth Management and Affordable Housing, this N March 15, 1994 REZONE item did come up in passing, but certainly wasn't the focus of the Council's discussion at that time. She noted that it would not have been appropriate to do so, and that if there has been some misunderstanding, the Council would like to extend its apology and assure all participating parties that that was not the case. Matt Jackson from the Planning Department gave a brief overview, and noted that the rezone was requested in order to build a 42 -lot sub- division on four existing lots. He explained that the site was annexed to the City in 1987 as part of the East Hill Well Annexation with land uses varied as is the zoning. He noted that the site is generally flat with slopes of less than 5%, and City services available. He stated that -a designation of non -significance was issued on September 171 1993 (NV -93-36) with 15 conditions, and that on February 11 1994, the Hearing Examiner recommended approval of the rezone. ORR MOVED to accept the find- ings of the, -Hearing Examiner, and to adopt the Hearing Examiner's recommendation of approval to of the Top of the Hill Rezone (RZ-93-4), and direct the City Attorney to prepare the neces- sary ordinance. Bennett seconded. Orr stated that the comments made at the retreat may have been taken out of context and misinterpreted because this particular piece of property was not the topic of their discussion. She noted that in the past she has not favored this type of rezoning, but that the site is unusual based upon its location and surrounding uses, so this is probably an appropriate use which she supports. She opined that this type of zoning should be used sparingly and not as an opportunity for single-family zoning land to be suddenly turned into 51000 square foot lots because it may not be appropriate in every location. The motion then carried. Paul Morford noted that some people in the audience would like to speak to this issue. Mayor White explained that since the motion was made and passed nothing would change, but that 10 March 15, 1994 REZONE they would be happy to hear from those in the audience. Operations Director McFall commented that the Hearing Examiner conducts the public hearing on rezones, and that this hearing has already been held. There were no further comments from the audience. ECONOMIC (OTHER BUSINESS - ITEM 4C) DEVELOPMENT Cascade Development Company - Resolution CORPORATION Approving Second Supplemental Indenture. In 1985, the City of Kent Economic Development Corporation issued bonds on behalf of Cascade Development Company, the obligors on the bonds. (City of Kent Economic Development Corporation Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985.) Cascade Develop- ment Company now wishes to refinance these bonds. In the process of doing so, Cascade Development Company is asking the Economic Development Corporation and City Council to approve a second supplemental indenture to amend notice requirements for the refinancing. The Economic Development Corporation is ex- pected to consider this request prior to the Council meeting. JOHNSON MOVED to adopt Resolution No. 1386 approving a second supplemental indenture for Cascade Development Company as obligor on bonds issued through the City of Kent Economic Development Corporation. Woods seconded. Lubovich noted that the Economic Development Corporation did hear the matter at 4:45 p.m. this afternoon and passed a resolution sup- porting the amendment to the indenture. The motion then carried. COUNCIL (CONSENT CALENDAR - ITEM 3M) Council Absence. APPROVAL of a request for an excused absence from the March 15, 1994, City Council meeting from Councilmember Christi Houser. She will be unable to attend. POLICE (CONSENT CALENDAR - ITEM 3G) DEPARTMENT Investigative Buy Account - Ordinance Amendment. ADOPTION of Ordinance No. 3159 creating an investigative buy account for the City of Kent Police Department. 11 Kent City Council Meeting Date_ April 5, 1994 Category Consent Calendar 1. SUBJECT: 1ARROIN,TMENm - PLANNING COMMISSION 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Connie Epperly to serve as member of the Kent Planning Commission. Ms. Epperly is a long-time Kent resident and has been active in community affairs. She is involved in PTA, is co-founder of Citizens Lobby Against More Politics (CLAMP), serves on the Teen Youth Center Board, and the Downtown Design Committee. Ms. Epperly will replace Chris Grant, who resigned, and her appointment will be in effect until 12/31/94. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO / YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3D MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEM ERS FROM: JIM WHITE, MAYOR DATE: APRIL 5, 1994 SUBJECT: APPOINTMENT TO KENT PLANNING COMMISSION I have recently appointed Connie Epperly to serve as a member of the Kent Planning Commission. Ms. Epperly is a long-time Kent resident and has been active in community affairs. She is involved in PTA, is co-founder of Citizens Lobby Against More Politics (CLAMP), serves on the Teen Youth Center Board, and the Downtown Design Committee. Ms. Epperly will replace Chris Grant, who resigned, and her appointment will be in effect until 12/31/94. I submit this for your confirmation. JW:jb 1. SUBJECT: Kent City Council Meeting Date April 5. 1994 Category Consent Calendar LEFT TURN LANE IMPROVEMENTS - 104TH & 256TH 2. SUMMARY ST TEMENT: As recommended by the Public Works Director, fAuthorization to accept as complete the contract with Gaston Bros. Excavating, Inc. for the 104th Avenue SE & SE 256th Street Left Turn Lane Improvements, and release of retainage after receipt of State releases 3. EXHIBITS: Public Works Director Memorandum and vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended RM 7. EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3E DEPARTMENT OF PUBLIC WORKS APRIL 5, 1994 TO: Mayor & City Co upcil FROM: Don Wickstrom� \/1 RE: 104th & 256th Left Turn Lane Improvement Accept as Complete This project consisted of furnishing and placing asphalt concrete pavement, concrete curb and gutter, sidewalk, signal system relocation, storm sewer pipe and various related appurtenances. The project was awarded to Gaston Bros Excavating, Inc. for the bid amount of $398,951.44. The final construction cost is $414,054.88. The difference in cost is due to the removal of contaminated material and the addition of a rock retaining wall along with other miscellaneous changes in the field. It is the recommendation of the Public Works Director to accept this project, and release of retainage after receipt of State releases. 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SUMMARY ST TEMENT: As recommended by the Public Works Director, uthorization to accept the bill of sale and warranty agreement submitted by David Acheson for continuous operation and maintenance of 277 feet of sanitary sewer line and release of bonds after expiration of the maintenance period The project is in the vicinity of 112th Avenue SE & SE 232n Street. 3. EXHIBITS: vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO / YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F S SE 21 TH SI S 210TH PL rril N > SE !10 PL. 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SUBJECT: f CHARGE IN LIEU OF ASSESSMENT 2.VUMMEARY STATEMENT:As recommended by the Public Works and in a a ce with Resolution 975 orization for the Finance Manager to execute a necessary documents allowing Mr. & Mrs. David Temby ;cute 20 Kent Kangley Road to make monthly payments against a $2, 6.21 Charge in Lieu of Assessment fee for water service Mr. & Mrs. Temby have claimed that paying the full amount at this time would create a hardship. 3. EXHIBITS: Public Works Minutes, Public Works Director Memorandum, Resolution #975, and Mr. & Mrs. Temby letter 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO�_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3G PUBLIC WORKS COMMITTEE PRESENT: PAUL MANN JIM BENNETT TIM CLARK DON WICKSTROM GARY GILL MARCH 14, 1994 TIM HEYDON LAURIE EVEZICH ARTHUR MARTIN MR & MRS DAVID TEMBY MR & MRS RUST Hardshi Case Mr & Mrs David Temb Char e in Lieu of Assessment Wickstrom explained that we installed a watermain in Kent Kangley Road many years ago and the City financed the project and as a result, anyone connecting to that main reimburses the City for a portion of expenses we incurred; this is called Charge in Lieu of Assessment. Wickstrom said that under Resolution #975, Council can authorize a deferred payment on the Charge in Lieu of Assessment. He said that we have received a request for water service connection and the owners have indicated that this additional charge would incur a hardship on them. He said they are asking for deferred payment, which takes full Council approval. In response to Bennett, Wickstrom confirmed that this has been done in the past. Committee unanimously recommended authorization for deferred payment on the Charge in Lieu of Assessment, in accordance with Resolution #975. Watershed Fencing Project - Accept as Complete Mann expressed his appreciation that this project is now complete. Wickstrom stated that East Hill Well and Soos Creek Well were included in the fencing project, and that was the reason for the additional cost. He explained that the bid was a good one and we took advantage of it and added the last two sources on. He said that Clark Springs is not 100% fenced but everything that is accessible is fenced. Committee unanimously recommended that the project be accepted as complete. 1 DEPARTMENT OF PUBLIC WORKS MARCH 14, 1994 TO: Public Works Committee FROM: Don WickstromN RE: Hardship Case - Charge in Lieu of Assessment Fee The Public Works Department has received a request from Mr. & Mrs. David Temby of 12220 Kent Kangley Road, to make monthly payments against a Charge in Lieu of Assessment fee for .water connection. The fee is $2,456.21 and as explained in the attached letter, the Temby's has claimed this would create a hardship for them in connecting to City water. By Resolution #975, Council can authorize deferred payment in lieu of assessments. Attached for your convenience is a copy of the resolution denoting the steps to be taken for installment payments. ACTION: Recommend that in accordance with Resolution #975, Council authorize that installment payments be made to the City of Kent by Mr. & Mrs. David Temby for the $2,456.21 Charge in Lieu of Assessment fee. Resolution NO. �_ A RESOLUTION of the City of Kent, authorizing deferred payment in lieu of assessment. WHEREAS, the City of Kent has a number of water mains and sewer lines which were constructed with financing which did not include adjacent property participation; and I WHEREAS, when such property applies for service, the applicant is required to pay the proportionate share for the property to be served; and WHEREAS, when the payment is for a line installed at a developer's expense, it is called a "latecomers payment' and is refunded to the developer; and WHEREAS, when the financing was with City of Kent funds, it is called a "payment in lieu of assessment" and the payment goes into the appropriate City fund; and WHEREAS, Chapter 35.91 RCW sets forth the authority and standards which allow a payment in lieu of assessment to be spread over time rather than paid in its entirety at the time of application; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DO HEREBY RESOLVE AS FOLLOWS: 1. Installment payments must be authorized by the City Council. 2. A promissory note providing for such payments are to be executed and recorded with King County. 3. $10.00 is added to the amount of the charge in lieu of assessment to cover the cost of the note filing, the filing of the release, and other costs. 4. The note shall not include permit charges or water service charges. 5. The note shall be for not less than S300- 6. The note shall be for a period of five years, or less. 7. The interest rate shall be 75 percent of Peoples ate, but not to exceed the maximum amount of National Bank prime r interest to be charged by a governmental agency according statute. g. Installment payments are only applicable to are zoned for single family or duplex use and properties which properties ed are not included iyearsaprecedingrtheminary such sery plat or in a final plat filed within two y application. This requirements isintended to restrict the installment payment program to non-commercial and non -developer use. 9. Eligible property must be located within a ten (10) mile radius of the corporate limits of the City of Kent. PASSED by the City Council of the City of Kent, Washington, at its regular meeting this lz� day of �— 19�. /k`�GAN r , AYOR ATTEST: ISABEL MARIE JENSENr U111 CLERK APPROVED AS TO FORM: -9-.STEPHEN DiJULIOr ITY ATTORNEY 3219-94A 2 - February 28, 1994 12220 Kent Kangley Rd. Kent, Wa. 98031 Don Wickstrom Department of Public Works 220 4th Ave. So. Kent, Wa 98032 Deas Sir: On February 26, 1994 when applying for a water permit for Tax Lot number 282205-9079-04, we we were informed that there was a late comer fee in the amount of $2456.21. Since this was in addition to the fees and costs we had expected, we are requesting to have a monthly payment plan. These fees payable now would create a hardship on us hooking up to city water. If you need any additional financial information to be supplied please inform us. sincerely, In 71 David & Anitra Temby Kent City Council Meeting Date April 5. 1994 Category Consent Calendar 1. SUBJECT: WATERSHED FENCING PROJECT 2. SUMMARY STA EMENT: As recommended by the Public Works Committee, uthorization to accept as complete the contract with Guyline Construction, Inc. for the Watershed Fencing Project, and release of retainage after receipt of State releases. 3. EXHIBITS: Public Works Minutes and Public Works Director Memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3H PUBLIC WORKS COMMITTEE MARCH 14, 1994 PRESENT: PAUL MANN TIM HEYDON JIM BENNETT LAURIE EVEZICH TIM CLARK ARTHUR MARTIN DON WICKSTROM MR & MRS DAVID TEMBY GARY GILL MR & MRS RUST Hardship Case (Mr & Mrs David Temby) Charge in Lieu of Assessment Wickstrom explained that we.installed a watermain in Kent Kangley Road many years ago and the City financed the project and as a result, anyone connecting to that main reimburses the City for a portion of expenses we incurred; this is called Charge in Lieu of Assessment. Wickstrom said that under Resolution #975, Council can authorize a deferred payment on the Charge in Lieu of Assessment. He said that we have received a request for water service connection and the owners have indicated that this additional charge would incur a hardship on them. He said they are asking for deferred payment, which takes full Council approval. In response to Bennett, Wickstrom confirmed that this has been done in the past. Committee unanimously recommended authorization for deferred payment on the Charge in Lieu of Assessment, in accordance with Resolution #975. Watershed Fencing Project - Accept as Complete Mann expressed his appreciation that this project is now complete. Wickstrom stated that East Hill Well and Soos Creek Well were included in the fencing project, and that was the reason for the additional cost. He explained that the bid was a good one and we took advantage of it and added the last two sources on. He said that Clark Springs is not 100% fenced but everything that is accessible is fenced. Committee unanimously recommended that the project be accepted as complete. 1 DEPARTMENT OF PUBLIC WORKS MARCH 14, 1994 TO: Public Works Committee FROM: Don Wickstrom c.J RE: Watershed Fencing Project - Accept as Complete This project consisted of the construction of a chain fence of approximately 17,051 feet around City water supply sites at Clark Springs, Kent Springs & Armstrong Springs. The project was awarded to Guyline Construction, Inc. on July 6, 1993 for the bid amount of $148,268.22 for which the Engineer's estimate was $302,092.23. The final construction cost is $183,670.85. The difference relates to adding two other sites (East Hill Well and Soos Creek Well) to the fencing contract. We did both because of the good bid and the need to fence all of our active water supply sites. Thus, they are now all fenced. ACTION: Recommend project be accepted as complete and release of retainage after receipt of State releases. Kent City Council Meeting Date April 5 1994 Category Consent Calendar 1. SUBJECT: VAN DOREN'S LANDING WAY +=8Ts�N'r'.X.A.QaT FHND51 2. SUMMARY STA EMENT: As recommended by the Public Works Committee uthorization to establish a new fund for the receipt o vacation and tha the monies associated with the Van Doren's Landing Way Stree t the monies therein be utilized for pedestria walkway improvements related to school travel patterns Monies received from a street vacation are generally deposited in the Street Division's operating budget as revenue. The City anticipates receiving approximately $148,738 for the Van Doren's Landing Way street vacation. 3. EXHIBITS: Public Works Minutes and Public Works Director Memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/ PERSONNEL IMPACT: NO YES � FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I which we are still trying to address. Wickstrom said the rest of it should have been covered under his contract and our attorneys do not want to use the retainage or the funds that we still have because they want to reserve that money to resolve liens the subs will have and also, to resolve any other legal issues which may arise. Wickstrom said the things that we are trying to accomplish is, to get the plant back operational and get the project to a point where we can accept it so these subs can file their claims and liens. Bennett asked if the 6.8% change orders were the ones authorized or the ones the contractor requested. Heydon said the contractor requested many more than we authorized. Bennett agreed that in terms of the contract, 6.8% is small and is hardly worth spending time worrying about. Bennett said because of the need to finish the project, he is willing to support it however, he stated that it should not go under Council Consent calendar. Bennett said this shows the need for a Capital Facilities Manager or Projects Manager that works for the City to do the contracts. Wickstrom stated that in his 25 years with the City, this is the first contractor that we actually told to get off the job, essentially because he didn't complete his work. Wickstrom said that we have spent millions and millions of dollars over those 25 years. He said this is a complicated project to begin with and we followed the correct steps as far as having qualified engineers who were involved in the design however, we had a contractor that was apparently short on money. Committee unanimously recommended authorizing the transfer of $154,000 from the unencumbered water funds to the 212th/SR167-Water Supply & Treatment Facility Project Budget (W48) and that this item not be placed on Council Consent Calendar. Van Doren's Landing Way Street Vacation Funds Wickstrom said that in conjunction with the approval of the street vacation for Van Doren's Landing Way, we should receive about $148,000. He said we have several sidewalk problems and recently with an accident on 112th, pedestrian issues came up, therefore we are proposing to widen the east half of the street to 18 feet. He explained that this would create a 6' paved -walking path from the school at 232nd to 240th. Wickstrom said the Mayor met with the principal, PTA members and neighborhood representatives and they were all receptive to the proposal. He said there is enough money in the sidewalk fund to do this. We have a project out to bid for approximately $200,000 with the commitment on 111th and over on Smith Street; this leaves us about $160,000 however, we have at least $300,000 - 400,000 of needs in the downtown area. .He said if we had this money for sidewalks, specifically for sidewalk pedestrian improvements in the travelled areas towards schools, we could do both. He said the project on 112th is about $65,000 but this would give us more money to spend on other sidewalks. ii shed Committee recei toofl the ntoniedeassociatednew withn the Van aDoren's for the Pes Landing Way Street vacation and erelated ttore school utilized for pedestrian walkway improvements patterns. In response toaBnnofttheWickstrom said Transportation thatthethe Heesaidrian thatComP the Plan will be p p ve tree plan is being worked on by a subcommittee and tree selected a landscape architect to help select the appropriate for planting. Wickstrom said that in the first phase of the Downtown Sidewalk Rehabilitation eed this Project lanthere are e issue reral trees in that plan which is why Metro Shoreline Im rovement Grant (Kent Laaoons) the acquisition of Union $1 million dollar grant; n King County Conservation ; grant is our agreement to requesting authorization to Wickstrom said when we were pursuing Pacific Property, we were to get a $500,000 from Metro and $500,000 fro, Futures Funds. He explained that thi: $500 000 from Metro and we are get the , execute the agreement. Committee unanimously recommended approval of Council to execute the agreement. id that we actually purchased 282 In response to Clark, Wickstrom sa acres and about 65 acres was not encumbered by the grant which allows other optional uses thereof. I Wickstrom said we hope to have design of In response to Bennet 1994 and be under construction in 1995 this project complete in with a one year construction time. Meeting adjourned at 5:00 P.m - 4 DEPARTMENT OF PUBLIC WORKS MARCH 14, 1994 TO: Public WorksCo�ittee FROM: Don Wickstroz RE: Van Doren's Landing Way Street Vacation Funds When funds are received from a street vacation they are deposited in the Street Division's operating budget as revenue. With respect to the Van Doren's Landing Way Street vacation, we anticipate receiving about $148,738.50. Instead of accepting these funds into the Street Division's operating budget, we propose that this windfall, so to speak, be set aside specifically for pedestrian walkway improvements around schools. What raised this issue is the recent car/child accident on 112th Avenue, north of 240th Street. While we have a solution therefore, and are proceeding ahead with it (widening existing pavement on east side of 112th Avenue from 240th Street to 232nd Street to create a 6 foot wide walk area), the rehab of our existing downtown sidewalks is equally significant in terms of safety and liability to the City. As such, by using this windfall in this manner, we can address both. ACTION; Recommend that a new fund be established for the receipt of the monies associated with the Van Doren's Landing Way Street vacation and that the monies therein be utilized for pedestrian walkway improvements related to school travel patterns. Kent City Council Meeting Date April 5 1994 Category Consent Calendar 1. SUBJECT: METRO. GRANTS NENT BAS S ^'r 2. SUMMARY STA EMENT: As recommended by the Public Works Committeeo horization to execute an agreement with Metro, to receive a $500, rant from the Metro Shoreline Improvement Program for the Lagoon nversi roject and to adjust said project budget accordingl , Authorization to receive a $210,000 grant from said Metro program for the Riverview Park project, as recommended by the Parks Committee on December 14, 1993 and to adjust its project fund accordingly, if necessary. 3. EXHIBITS: Public Works Minutes, Public Works Director Memorandum, Parks Committee Minutes (12/14/93) and Grant Agreement (draft) 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES—Z FISCAL/PERSONNEL NOTE: Recommended Not Recommended --' rim 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3J DEPARTMENT OF PUBLIC WORKS MARCH 14, 1994 TO: Public Works Committee FROM: Don Wickstrom ►`,I ) RE: Metro Shoreline Improvement Grant The City of Kent has been selected to receive a grant of $500,000 from the Metro Shoreline Improvement Program. The funds will be applied to the purchase price of the property recently obtained for the Lagoon project. ACTION: Recommend approval of Council to execute the agreement. Committee unanimously recommended that a new fund be established for the receipt of the monies associated with the Van Doren's monies Landing estrianeewalkwayloimprovements n and that erelated therein utilized Way Strt school trave for p patterns. In response to Bennett, Wickstrom said that the Pedestrian Comp Plan will be part of the Transportation Plan. He said that the tree plan is being worked on by a subcommittee and they have selected a landscape architect to help select the appropriate tree for planting. Wickstrom said that in the first phase of the Downtown Sidewalk Rehabilitation Project there are several trees in that plan which is why we need this landscape issue resolved. Metro Shoreline Improvement Grant(Kent Laaoonsl Wickstrom said when we were pursuing the acquisition of Union Pacific Property, we were to get a $1 million dollar grant; $500,000 from Metro and $500,000 from King County Conservation Futures Funds. He explained that this grant is our agreement to get the $500,000 from Metro and we are requesting authorization to execute the agreement. Committee unanimously recommended approval of Council to execute the agreement. In response to Clark, Wickstrom said that we actually purchased 282 acres and about 65 acres was not encumbered by the grant which allows other optional uses thereof. In response to Bennett, Wickstrom this project complete in 1994 and with a one year construction time. Meeting adjourned at 5:00 p.m - 4 said we hope to have design of be under construction in 1995 ROUGH DRAFT 1/24/94 lase Pm AGREEMENT BETWEEN KING COUNTY DEPARTMENT OF METROPOLITAN SERVICES AND CITY OF KENT FOR PROJECT GRANT FROM SHORELINE IMPROVEMENT ACCOUNT Project Title REGIONAL SHORELINE IMPROVEMENT FUND: Kent Lagoons Project Number THIS AGREEMENT is entered into this day of 1994, between King County Department of Metropolitan Services and the City of Kent, a governmental entity eligible to receive funding as described below ("Public Agency"), collectively referred to as the "parties." 1. RECITALS 1..1 The Municipality of Metropolitan Seattle ("Metro") was a municipal metropolitan corporation of the State of Washington duly created pursuant to RCW 35.58, and was authorized by public vote to perform the function of metropolitan water pollution abatement pursuant to RCW 35.58.050(1); and 1..2 Effective January 1, 1994, by operation of law Metro was consolidated into King County, a home rule charter county of the State of Washington. Thereafter, the functions formerly performed by the Municipality of Metropolitan Seattle shall be performed by King County, through the Department of Metropolitan Services ("KCDMS"). 1..3 The Public Agency is a municipal corporation of the state of Washington; and 1..4 By Resolution No. 4780, adopted July 17, 1986, the Metro Council established a Shoreline Improvement Fund to provide alternative recreational resources as mitigation for impacts resulting from the upgrade of its Puget Sound facilities to secondary treatment; and 1..5 By Resolution No. 5449, adopted July 21, 1988, the Metro Council determined that the provision of $30 million of Shoreline Improvement Funds was reasonable to provide replacement recreation resources for sewerage facilities located within shorelines of the City of Seattle and the region that would otherwise be used for recreation and that such level of funding constitutes proportional mitigation; and -1- ry 1..6 The Shoreline Improvement Fund ghat ent. datelion w Ilanuaav 28, 1991 between the City of Seattle and Metro specifies e forarea dof the regional projects in the Metroopolita be vicemadat suchthme expenditures pd ndlnsu h m neeforosuch regional projects subprogram purposes as the Municipality shall determine; and incorporates ons 1.7 The Shore In emepeund g reemen set forth in items 10.Aad0 ctively, in the documententitled M t gation plan mits est Conditions: West Point and Alki, with respect to theCouncil ell per 11 f r the 1 Item10 A and Alki projects, as adopted by the oint Seattle City provides t part that the Sof the West Point Plant by replacing, nhannc enhall be used for ancing, providing ne improvement Fund sh compensate for the impact . substitute resources or environments. 1..8 The Metro Water Quality Committee by motion on January 28, 1993, approved a process and criteria, based on recommendations of the Technical Evaluation Committee ("TEC'), for deciding shoreline improvement project funding. Of primary importance to the TEC, projects should provide controlled public access and/or dedicated undisturbed habitat for wildlife; and 1..9 The Metro Water Quality Committee, by motion on April 8, 1993, approved a list of projects eligible to apply for regional shoreline improvement funds, based on recommendations of the TEC; and 1..10 By Resolution No. 6624, adopted on October 7, 1993 the Metro Council adopted a list of projects with specified funding levels and thereby authorized the Executive Director or his designee to negotiate contracts with project sponsors, including ons under the Public Agency idbetified herein, setting out made from the RegionaltShorrel Shoreline Improhe terms and v ement ent Fund in aid 'cof monetary grants will the identified projects. 2. DEFINITIONS 3. GENERAL PROVISIONS 3.1 Purpose of Agreement. The purpose of this Agreement is to set out the terms and conditions under which the monetary grant described below is made from the Regional Shoreline Improvement Fund in aid of the project of the Public Agency. -2- 3..2 Term of Agreement. This Agreement shall be effective upon execution by both parties and shall terminate only upon mutual agreement of the parties, except as may be otherwise provided elsewhere in this Agreement. 3..3 Performance by Public Agency 3..3.1 The Public Agency shall develop and complete the project as it is described in section 4 below, in the Public Agency's application, and in accordance with the Public Agency's proposed goals and objectives described in documents submitted pursuant to the solicitation for project proposals process and required deliverables (collectively referred to as Project Documents"), all as finally approved by KCDMS. The Project Documents are incorporated herein by this reference as if fully set forth for the purposes of determining the project description and project goals and objectives. 3..3.2 No expenditure made, or obligation incurred, by the Public Agency prior to the effective date of this Agreement shall be eligible for grant funds, in whole or in part, unless specifically approved by KCDMS. The amounts set out in section 5 below shall be reduced as necessary to exclude any such expenditure from participation. 3.3.3 KCDMS shall determine eligible costs, consistent with guidelines established by the TEC. KCDMS shall not be responsible for project cost increases. 3.3.4 The project, if it consists of acquisition only, shall be completed no later than December 1995. If the project includes development and/or construction in addition to acquisition, the project shall be completed no later than December 1996. KCDMS may, in its sole discretion, extend these completion dates if the acquisition and/or completion is delayed by circumstances beyond the control of the public agency and said circumstances could not, in KCDMS's judgement, have reasonably been foreseen at the time this Agreement was executed. 3..3.5 No expenditure made, or obligation incurred, following the applicable completion date shall be eligible, in whole or in part, for grant funds hereunder unless specifically approved by KCDMS. In addition to any remedy KCDMS may have under this Agreement, the amounts set out in section 5 below shall be reduced to exclude any such expenditure from participation. 3..3.6 Time of project performance by the Public Agency is of the essence of this Agreement. Failure to timely complete the project as set out in subsection 3.3.4 above is a material breach of the Agreement. The Public Agency shall submit proper billing documentation to KCDMS within ninety (90) days of the applicable date stated in subsection 3.3.4, or any extension thereof approved by KCDMS. 3..4 Performance Necessary to Receiving Payment. The Public Agency shall accomplish the following in order to receive payment, which will be made on a reimbursable basis. The Public Agency proceeds with incurring project costs at its own risk. KCDMS will reimburse for no expenditures until: -3- 3..4.1 The Agency has complied with all information required, including those in the "Project Documents." These include, but are not limited to: title reports, hazardous substances certification, and documentation of type of ownership interest. (See Exhibit A). 3..4.2 This Agreement is signed by both parties; and 3..4.3 A written notice to proceed has been given by KCDMS; and 3..4.4 With respect to acquisition projects, KCDMS has received an executed Purchase and Sale Agreement and has approved the title policy, boundary map, and appraisals. 3..5 With respect to restoration and improvement projects, the Agency has demonstrated that plans, specification and construction are completed in a manner that meets the project's goals and objectives. 3..6 Final payment may be retained until all contract requirements are met. KCDMS may conduct inspections of the project site to confirm compliance. 3..7 Installment Payments. Financial assistance provided by this Agreement for development may be remitted to the Public Agency in installments, after receipt of billings, and upon satisfactory evidence of completion of each stage of construction, development, or acquisition. Installment payments shall in no event be made more frequently than monthly. 4. DESCRIPTION OF PROJECT The project of the Public Agency which is the subject of this Agreement is described in summary as follows: Acquisition of a 214.5 acre site located in Kent, to be used as a nature preserve, as described in Exhibits B and C attached hereto. The project is part of a 214 acre site along the Green River in Kent to be used as high- quality wildlife habitat, including uplands and wetlands wildlife habitat. The site will be used for passive public recreation including wildlife viewing and nature interpretation. SPECIAL CONDITION The Public Agency will submit a site and preservation plan for approval by KCDMS. -4- 5. PROJECT FUNDING 5..1 The total cost of the project for the purposes of this Agreement is One Million Seven Hundred Fifty Thousand & no/100($1,750,000.00_j; PROVIDED, that if the total cost of the project when completed, or when this Agreement is terminated, is actually different, that actual cost shall be substituted herein. The Public Agency shall provide written documentation of such actual total cost within ninety (90) days of project completion or Agreement termination. 5..2 The Public Agency shall provide matching funds in the amount of Five Hundred Thousand & no/100 ($ 500,000.00 ). The total amount of the KCDMS grant shall in no event exceed Five Hundred Thousand and no/100 Dollars ($500,000.00), PROVIDED that if the total cost of the project when completed, or when this Agreement is terminated, is actually different, that actual cost shall be substituted herein. The Public Agency shall provide written documentation of such actual total cost within ninety (90) days of project completion or Agreement termination. - 5..3 KCDMS shall not be obligated to pay any amount beyond the amounts set out in subsection 5.2. 5..4 Disbursement of grant monies by KCDMS to the Public Agency under this Agreement shall be made in accordance with all conditions upon proof of compliance with the terms of this Agreement by the Public Agency. KCDMS reserves the right to withhold the disbursement of the final ten percent (10%) of the total amount of the grant to the Public Agency, until the project has been timely completed and approved by the Executive Director. 5..5 The obligation of KCDMS to pay any amount(s) .under this Agreement is expressly conditioned upon strict compliance wift the terms of this Agreement by the Public Agency. 6. TERMINATION AND OTHER REMEDIES 6..1 KCDMS may require strict compliance by the Public Agency with the terms of this Agreement including, but not limited to, the requirements of applicable statutes, regulations, rules, KCDMS policies, or other applicable governing documents, incorporated in this Agreement, and with the representations of the Public Agency in its application for a grant as finally approved by KCDMS. 6..2 KCDMS may suspend, or may terminate, its obligation to provide funding to the Public Agency under this Agreement: 6..2.1 In the event of any breach by the Public Agency of any of the Public Agency's obligations under this Agreement; or -5- 6.22 If the Public Agency fails to make progress satisfactory to KCDMS toward completion of the project by the completion date set out in subsection 3.3.4 above. 6..3 In the event this Agreement is terminated by KCDMS, under o t'he Pubion lic or any other section after any portion of the grant amount has been p Agency under this Agreement, KCDMS may require that any amount paid be repaid to KCDMS for redeposit into the Regional Shoreline Improvement Account. 6..4 The Public Agency understands and agrees that KCDMS may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the project as described in section 4 above. However, the remedy of specific shall not be the sole or exclusive remedy available to KCDMS. No remedy performance available KCDMS shall be deemed exclusive. KCDMS may elect to exercise any edies available to it under this Agreement, or under any combination, or all of the rem provision of law, common law, or equity. 7. NO WAIVER BY KCDMSIREMEDIES Waiver by KCDMS of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach and should not be construed to be a modification of the terms of the Agreement unless stated to be such in writing by the Executive Director of KCDMS, or his or her designee. KCDMS does not waive any of its rights or remedies under this Agreement should it: (a) fail to insist on strict performance of any of the terms of this Agreement, or (b) fail to exercise any right based upon a breach of this Agreement. 8. PUBLIC AGENCY REPRESENTATIONS -- MISREPRESENTATION OR INACCURACY A BREACH KCDMS relies upon the Public Agency's Project Documents in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the Project Documents shall be deemed a breach of this Agreement. 9. COMPLIANCE WITH APPLICABLE STATUTES, RULES AND KCDMS POLICIES 9..1 The subject grant shall be governed by, and the Public Agency shall comply with, KCDMS policies and guidelines, which are incorporated herein by this reference as if fully set forth. it is the responsibility of the Public Agency to comply with, and KCDMS is not responsible for determining compliance with, all applicable laws, regulations, and policies, including, but not limited to: SEPA (under which the Public Agency shall serve as lead agency); Americans with Disabilities Act; Architectural Barriers Act (Restoration -6- and Improvement projects only); Uniform Relocation Assistance and Real Property Acquisition Policies Act (PL91-646, RCW 8.26.010); Uniform Standards of Professional Appraisal Practices; permits (shoreline, HPA, demolition); land use regulations (comprehensive plans, zoning, sensitive areas ordinances); and federal and state safety and health regulations (OSHA/WISHA). 10. USE AND MAINTENANCE OF ASSISTED PROJECTS The Public Agency shall operate and maintain, or cause to be operated and maintained, the property or facilities which are the subject matter of this Agreement as follows: 10..1 The property or facilities shall be maintained so as to appear attractive and inviting to the public. 10..2 All facilities shall be built and maintained in accordance with applicable state and local public health standards and building codes. 10..3 The property or facilities shall be kept reasonably safe for public use. 10..4 Buildings, roads, trails, and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime, so as to prevent undue deterioration that would discourage or prevent public use. 10..5 The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility. 10..6 The property or facility shall be open to everyone without restriction because of race, creed, color, sex, religion, national origin, handicap or residence of the user. 10.7 The Public Agency agrees to operate and maintain the facility in accordance with all applicable federal, state, and local laws and regulations. 10..8 The Public Agency agrees to take all reasonable measures to maintain the natural character of the project site for passive public use and habitat protection, consistent with criteria established by the TEC, and project use and stewardship plans as described in the Project Documents. 11. RESTRICTION ON CONVERSION OF LAND AND FACILITIES TO OTHER USES. Any project acquired, developed, constructed, or improved by the Public Agency in whole or in part from disbursements made pursuant to this Agreement shall not be transferred or conveyed except by agreement providing that such lands and facilities shall continue to be used for the purposes contemplated by this Agreement. Said project -7- fferent use ess lands ties, of as y as shall not be converted to ae Is a d location, shalltberreceived and dn exchange therefor. The feasible equivalent usefulness licable to such project shall be used for the proceeds of any award in condemnation app acquisition or provision of other grant easements or fds dranchi es or�the making tof joint use Agreement shall prevent the g ect for the purposes of this agreements not incompatible with the use of the prof of Agreement. The Public Agency ursuannt to Section 5 above, a restrictive record lcovenant onthe reimbursement from KCDMS p property acquired under this Agreement in the form attached hereto as Exhibit D an ion fuse of the lands and facilities incorporated herein restricting the convers of the recordedrestri restrictive covenant must be executed manner provided above. A copy the Public Agency prior to prior to reimbursement and shall be forwarded to KCDMS by receipt of reimbursement from KCDMS pursuant to Section 5 above. 11..1 Nondiscrimination Clause. As a condition of receipt of funds from KCDMS, the Public Agency shall award and administer any contracts fCounty O di ancprojectn the Coue No. under this Agreement consistent with the provisions of King tY rprise 11032, Section 19, or withtwel Public Aency's achieve substant substantially the�ame paomen rusinessasewould programs, if such programs have been achieved under Section 19 of Ordinance No. 11032. If this project includes construction, the Public Agency shall insert the following nondiscrimination clause in each contract for construction: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sexual orientation, sex, nationality or the presence of any sensory, mental, or physical disability (provided that such disability does not hinder the performance of the job). The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to put in a conspicuous place, available to employees and applicants for employment, notices to be provided by the contracting isions of this nondiscrimination clause. officer, setting forth the prov (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sexual orientation, sex, -8- nationality or the presence of any sensory, mental, or physical disability (provided that such disability does not hinder the performance of the job). (3) The contractor will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will include the provisions of the foregoing paragraphs in every subcontract exceeding $10,000, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as KCDMS may direct as a means of enforcing such provisions, including sanctions for noncompliance; PROVIDED, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Washington to enter into such litigation to protect its interests. 12. RESPONSIBILITY FOR PROJECT 12..1 While KCDMS undertakes to assist the Public Agency with the project by providing a grant pursuant to this Agreement, the project itself remains the sole responsibility of the Public Agency. KCDMS undertakes no responsibilities to the Public Agency, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as those phases are applicable to this project, is solely that of the Public Agency, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. 12..2 The Public Agency shall defend at its own cost any and all claims or suits at law or in equity which may be brought against the Public Agency in connection with the project. The Public Agency shall not look to KCDMS, or to any of KCDMS's employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related in any way to the project, including but not limited to, its design, development, construction, implementation, operation and/or maintenance. -9- 13. HAZARDOUS SUBSTANCES 13..1 The Public Agency shall conduct, or retain an environmental consulting firm to conduct, a thorough environmental assessment of the property to be acquired prior to its acquisition and provide to KCDMS a copy of the resulting environmental assessment report(s). The environmental assessment shall involve the systematic review of the environmental conditions at the property, including the presence on-site of any hazardous substances, and shall be conducted in accordance with prevailing industry standards for such assessments. 13..2 No disbursements made pursuant to this Agreement may be used for the remediation or cleanup of any hazardous substances that may be present on the property acquired under this Agreement. Prior to receiving any disbursements for property acquisition, the Public Agency agrees to execute and deliver to KCDMS an instrument certifying that: (1) it has fully disclosed to KCDMS the results of its environmental assessment and all other knowledge the Public Agency has to the presence of any hazardous substances on the property being acquired; (2) it will use no disbursement made pursuant to this Agreement for the remediation or cleanup of any hazardous substances that may be present on the property being acquired; and (3) it will defend, protect and hold harmless KCDMS and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property being acquired. 13.:3 "Hazardous Substances" shall be interpreted broadly to include, but not be limited to, any hazardous, toxic or.dangerous waste, substance, material, pollutant or contaminant, as defined in or regulated now or in the future by the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Resource Conservation Recovery Act ("RCR"), 42 U.S.C. §§ 6901 et seg., the Clean Water Act, 33 U.S.C. §§ 1252 et seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300(f) et seg., the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et sec.., the Washington State Model Toxics Control Act, RCW Ch. 70.105D, the Washington State Hazardous Waste Management Act, RCW Ch. 70.105, any so-called "superfund" or itsuperlien" law, and any other federal, state, or local law, regulation, ordinance, or order or common law decision, including without limitation, asbestos, polycholorinated biphenyls (PCB's), petroleum and petroleum-based derivatives, and urea formaldehyde. 14. INDEMNITY The Public Agency agrees to, and shall defend, protect and hold harmless KCDMS and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all cost of defense and attorneys' fees) and any and all loss of any nature from any and all claims or demands or suits at law or equity, arising from the project, including but not limited to, those arising from the Public Agency's acts, or failures to act, which result in any loss of any kind to any third party. Such claims or suits include, but are not limited to: 14..1 Claims or suits by any person or firm furnishing services in connection with the Public Agency's performance under this Agreement; or 14..2 Claims or suits by any person or firm who or which may allege injury by the Public Agency or its agents arising from the Public Agency's performance of this Agreement or arising from or related to the project to which a grant is furnished hereunder; or 14..3 Any claim or suit resulting from the failure of the Public Agency to comply with any applicable law, regulation, or policy; or. 14..4 Any claim or suit resulting from the use of any facilities and/or programs assisted by a grant under this Agreement; or 14..5 Any claim or suit resulting from the presence of, or the release or threatened release of Hazardous Substances brought by any federal, state or local agency or any individual. 15. RECORDS AND REPORTS 15..1 The Public Agency agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Public Agency's contracts, contract administration, and payments, including all direct and indirect charges, and expenditures in the development and implementation of the project. 15..2 The Public Agency's records related to this Agreement and the project receiving grant funds hereunder may be inspected by KCDMS or by designees of the State Auditor or by federal officials authorized by law, for the purposes of determining compliance by the Public Agency with the terms of this Agreement, and to determine the appropriate level of funding to be paid under the subject gant. 15..3 The records shall be made available by the Public Agency together with suitable space for such inspection at any and all times during the Public Agency's normal working day. 15..4 The Public Agency shall retain all records related to this Agreement and the project funded hereunder for a period of at least six (6) years following completion of payment of the grant-in-aid under this Agreement. 15..5 The Public Agency shall promptly submit to the Executive Director any report or reports required by the Executive Director, including, but not limited to progress reports where required by KCDMS. -il- 15..6 The Public Agency shall submit progress reports and a final report when the project is completed, prematurely terminated, or project assistance is terminated. The report shall include a final accounting of all expenditures and a description of the work accomplished. If the project is not completed, the report shall contain an estimate of the percentage of completion, and shall indicate the degree of usefulness of the completed project. The report shall account for all expenditures not previously reported and shall include a summary for the entire project. 16. ACKNOWLEDGEMENT. The Public Agency shall include language which acknowledges the funding contribution of KCDMS to this project in any release or other publication developed or modified for, or referring to, the project. The Public Agency also shall post signs or other appropriate media at project entrances and other locations on the project which acknowledge KCDMS's funding contribution. The Public Agency shall consult with KCDMS as to the form, content, and location of such signs or other appropriate media. 17. INDEPENDENT CONTRACTOR STATUS OF PUBLIC AGENCY The Public Agency and the Public Agency's officers, employees and agents shall perform all obligations under this Agreement as an independent contractor and not in any manner as officers or employees or agents of KCDMS. Herein all references to the Public Agency shall include its officers, employees and agents. KCDMS shall not withhold or pay taxes or insurance deductions of any kind. 18. RESTRICTION ON ASSIGNMENT The Public Agency shall not assign this Agreement, or the performance of any obligations to KCDMS under this Agreement, or any claim against KCDMS it may have under this Agreement, without the express written consent of the Executive Director of KCDMS. 19. CONFLICT OF INTEREST 19..1 The Public Agency shall not participate in the performance of any duty in whole or in part pursuant to this Agreement to the extent participation is prohibited by chapter 42.18 RCW, the Executive Conflict of Interest Act, or any other federal, state or local similar conflict act which may apply to the Public Agency. KCDMS may, by written notice to the Public Agency, terminate this Agreement if it is found after due notice and examination by KCDMS that there is a violation of the Executive Conflict of Interest Act, chapter 42.18 RCW; Code of Ethics for Public Officers and Employees, chapter 42.22 RCW; or any similar statute or ordinance involving the Public Agency in the procurement of, or performance under, this Agreement. 19..2 The existence of facts upon which KCDMS, or the Executive Director of KCDMS, makes any determination under this section may be an issue under, and may -12- be reviewed as is provided in, the disputes section of this Agreement, section 20 below, upon agreement of the parties. 20. DISPUTES 20..1 When a bona fide dispute arises between KCDMS and the Public Agency which cannot be resolved between those parties, the parties may agree that the disputes process set out in this section shall be used prior to any action being brought in court. Either party may request a disputes hearing hereunder. The request for a disputes hearing must be in writing and clearly state: (a) the disputed issues; (b) the relative positions of the parties regarding those issues as then understood by the requesting party; (c) the Public Agency's name, address, project title, and KCDMS's project number. In order for this section to apply to the resolution of any specific dispute, or disputes the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. 20..2 The dispute shall be heard by a panel of three persons consisting of one person chosen by the Public Agency, one person chosen by the Executive Director of KCDMS (WPCD) and a third person chosen by the two persons initially appointed. 20..3 Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based upon written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. 20..4 The parties shall be bound by the decision of the disputes panel, unless the remedy directed by the panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. 20..5 Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party at the address set out in section 28 below. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. 20..6 All costs associated with the implementation of this process shall be shared equally by the parties. 21. GOVERNING LAWNENUE This Agreement shall be governed by the laws of the state of Washington. In the event of a lawsuit involving this Agreement, venue shall be proper only in the Superior Court in and for King County. -13- 22. SEVERABILITY If any provision of this Agreement or any provision of any law, rule or document incorporated by reference into this Agreement, shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which legally can be given effect without the invalid provision. To this end the provisions of this Agreement are declared to be severable. 23. HEADINGS NOT CONTROLLING Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. 24. NOTICES 24..1 All written communications which are to be given to the Public Agency under this Agreement will be addressed and delivered to: Name: William Wolinski, P.E. Title: Environmental Engineering Supervisor Mailing Address: City of Kent, 220 4th Avenue S, Kent, WA 98032 24..2 All written communications which are to be given to KCDMS under this Agreement will be address and delivered to Judy Bevington, or her designated successor, King County Department of Metropolitan Services, 821 Second Avenue, MS 81, Seattle, Washington 98104-1598. 24..3 The above shall be effective until receipt by one party from the other of a written notice of any change. 24..4 The date of notice shall be the date notice is delivered in person or by facsimile copy or three days after notice is mailed, whichever is earlier. 25. AMENDMENT This Agreement may not be amended except by written agreement signed by the parties. 26. STATUS OF THE PARTIES Nothing in this agreement is intended to create a partnership or constitute a joint venture between the Public Agency or KCDMS. 27. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the respective successors, permitted assignees, administrators, and trustees of KCDMS and the Public Agency. 28. EXECUTION OF DOCUMENTS This Agreement shall be executed in any number of duplicate originals, any of which shall be regarded for all purposes as an original and all of which shall constitute but one and the same instrument. 29. NO THIRD PARTY BENEFICIARIES In promising performance to one another under this Agreement the parties intend to create binding legal obligations to and rights of enforcement in (a) one another; and (b) one another's permitted assignees or successors in interest. The parties expressly do not intend to create any obligation or liability, or promise any performance to, any third party. The parties have not created for any third party any right to enforce this Agreement. 30. ENTIRE AGREEMENT This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, in this Agreement or written amendment hereto shall not be binding on either party. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this Agreement will be effective without the written consent of both parties. KING COUNTY DEPARTMENT OF METROPOLITAN SERVICES By: Date: CITY OF KENT By: Date: -15- APPROVED AS TO FORM: Date: By: Chief Counsel APPROVED AS TO FORM: Date: By: City Attorney EXHIBIT A PROJECT DOCUMENTS (Due Before Reimbursement) All Projects • Invoice Voucher • Progress reports • Final report, including Documentation of signage Amount of matching funds used to complete the project Total Project Cost • Phase I Hazardous Substance Information • Hazardous Substance Certification (See Section 13.2) • Documentation that special conditions are met • Recorded Restrictive Covenant for Public Recreation and Habitat Conservation Acquisition Projects • Appraisal with appraiser certification (review appraisal desirable) or substitite report with market data and comparable sale documentation • Boundary map that accurately shows boundary, acreage, easements, exclusion, structures, adjoining ownership (boundary survey desirable) • Hazardous Substances Certification • Title policy/legal description • Escrow closing statement • Purchase and Sales Agreement • Statement of Difference (if appraisal is substantially different than sale price) • Relocation eligibility information (if relocation is required) • Recorded Statutory Warranty Deed Restoration/Improvement Projects • Title or documentation of adequate control and tenure; list outstanding rights/interests, include legal description • Support documentation for expenditures For Contracts • Final construction plans and specifications (A&E) (Due at least 2 weeks prior to seeking bids) • Signed contract and bid tab sheet • Any Contract Change Orders • Contractor Invoices For Force Accounts • Construction plans and specifications (A&E) (Due 1 month before construction) • Sponsor salary/equipment rates 0 As-Builts (Due before final payment) EXHIBIT B B2c) Site Plan description: (see also attached map.) The METRO grant acquisition area encompasses approximately 71.5 acres of land. Based on a recent _wetland delineation (Raedeke; March, 1993), this area is comprised of mostly upland with a small amount of palustrine, scrub -shrub wetland. Because the wetland enhancement plan for the Kent Lagoon Project and the area to the west has not yet been developed, the location of trails and habitat components is not known at this time. B2d) Project Description. The goal of creating the Green River Natural Resources Enhancement Area will be met through several project objectives, including the following: 1. Design and construct the combined stcrmwater detention/ enhanced wetland facility at the Kent Lagoon site as a multi-purpose facility, incorporating "state of the art" techniaues of wetland creation and enhancement, urban wildlife management and stormwater treatment, as well as innovative ideas for limited, but effective public access and education. 2. Enhance habitat to provide food, cover and nesting areas for wildlife, specifically waterfowl. 3. Design public access to minimize adverse impacts on wildlife. 4. Improve water auality in the system. 5. Incorporate input from involved nart1es (Kent Environmental Task Force, Ci tv of Kent Planning and Parks and Recreation; METRO, Washington State Departments of Eccicgy, Fisheries, and Wildlife, U.S. Fish and Wildlife Service, U.S. Army Corp cz Engineers, etc). if these objectives are achieved, the project will be a success and provide numerous benefits, including: 1. Greater visitor access to natural shoreline and wetland areas for passive recreational opportunities. 2. Increased appreciation and understanding of the natural resources. of the Green River Valley. 3. Habitat creation and preservation for a diverse array of birds and animals. 4. Improved water quality. Specifically, this project will have several attributes that will make it unique to the region and a positive addition to the existing Green River corridor. 1, At least two viewing towers will be constructedprovide better opportunities for bird watching, public educat on and appreciation of the natural surroundings. They will also serve a function in the maintenance, evaluation and wildlife management aspects of the project. 2. Interpretive trails shall be designed as part of the Kent Lagoons Project that allow interested groups and citizens to take an informative "nature walk" through various habitats. an vironm ntally- 3. Future plans ding th t woulduction house a1 Green River eNatural .correct building Resources Center, which would be a focal point for citizen involvement and education on environmental issues, such as the Green River fishery, stormwater management and urban wildlife management. 4. Design of created and enhanced we habitat at the new Kent Lagoon site and the area to the west will incorporate as snags, nest boxes, structures, and components, such buffers, and selected, sizeable plantings to enhance the viability of hundreds of species of birds and mammals. In terms of project liabilities, we do not envision this project having any outstanding deficiencies in terms of the environment, health and safety, transportation, permitting or displacement or current uses. B.1c) implementation Plan: t will be managed by Mr. Bill Wolinski, P.E. , Staffing: This pro] ec, rs. The - prime consultant for the with assistance from two enginee Kent Lagoons Project and associated lands is CH2M-Hill. Budget: The total budget for this project is approximately 9.4 million dollars. Tasks and Schedule: (see also attached implementation schedule.) The City is currently negotiating for the 1. Land acquisition- the west of the existing purchase of the entire 290 acres to lagoon site (summer -fall, 1993). 2. Permitting/ Pro i ect meetings. Permitting will start in.August, and run until September, 1994. Meetings with agencies 19193 hout the and the public shall take place periodically throug ts completion in 1996. project until iu 3. Pre -design. A pre -design report shall be completed and city and anpropriate agencies prior to reviewed by the (1093-1994) initiating final design drawings. I 4. Final design- Final design of all including enhancement of the METRO grant acquisition area, shall occur in 1994- 5. Bid/Award/Cont--acts. 1994-1995. Anticipated time of mobilization and 6. Construction. ments is February, 1995- The construction of improve ment of the METRO grant accuisition restoration and enhanceT area may not take place until 1996. Bid) Long term stewardshilo Plan: The Environmental Engineering section of the Public Works � and fund the adminisZration, operation and Department will staff tly done with similar maintenance of this project as curren projects. City Departments will work together to coordinate activities. Also, the City is current. ly developing a Wetlands and component of the program Shoreline Preservation Program. A ma]or dship activity to involve will be the development of strong stewar citizens, groups -and neighborhoods in the maintenance and protection of natural resource areas. EXHIBIT C AFTER RECORDING, RETURN TO: Attn: EXHIBIT D RESTRICTIVE COVENANT Notice is hereby given that the property legally described in Exhibit A hereto (the Property) is subject to use restrictions and other obligations. These use restrictions and other obligations are described in the Project Contract entered into between the King County Department of Metropolitan Services (KCDMS) and Agency on the of file with the Pu (the Public Agency) entitled Project Number signed by the Public _ day of and by KCDMS on the day and the application and supporting materials which are on lic Agency and KCDMS in connection with the Project Contract. Pursuant to the Project Contract, the owner of the Property shall not make or permit to be made any use of the Property, or any part of it, which is inconsistent with the shoreline public use and recreation purposes and habitat conservation as described in the Project Contract, unless KCDMS, or its successor, consents to the inconsistent use, which consent shall be granted only upon conditions which will ensure that other lands and facilities of at least equal fair market value at the time of change of use and of as nearly as feasible equivalent usefulness and location for the shoreline public use and recreation purposes for which KCDMS assistance from the Shoreline Improvement Fund was originally granted will be substituted in the manner provided for in the Project Contract. The restrictions and obligations described above shall run with the land and shall be binding on any and all persons who acquire an interest in the Property. DATED this day of By: Its: Public Agency 199 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 199_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of the the- public agency that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Public Agency, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the said instrument and that the seal affixed (if any) is the seal of said Public Agency. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Parks Committee Minutes December 14, 1993 Councilmembers Present: Jim Bennett, Chair; and Christi Houser. Jack Ball, Tom Brubaker, Cheryl Fraser, Lori Hogan, Alana McIalwain, Pam Rumer, and Helen Wickstrom. Bill Doolittle, 412 N Washington, #31; Connie Ep eQrly, 639 5th Ave. IS; Keith Sanden, Riverbend Golf Director; and Dou Schwab, Golf Advisory Board. Staff Present: Others Present: —� ACCEPTANCE OF METRO AND KING COUNTY PARK and ACCEPTANCE OF KING COUNTY PROPERTY IN UPPER MILL CREEK CANYON CONSERVATION FUTURES GRANTS FOR RIVERVIEW CONSERVATION FUTURES GRANT FOR PURCHASE OF Staff has received notice that the City will receive Metro and Conservation Futures grant to purchase River few Park, ll Creek Canyon. Conservation Futures grants to purchase Upper County and Metro will be sending interlocal agreements which will taken to Council for action. matching King grant for the reserve those King County King County Both King need to be The funding source for Riverview Park is 100% grants, as Metro is County's funds. Public Works will match the $71,000 King County acquisition of Upper Mill Creek Canyon. Public Works would like to properties for drainage. Councilmember Houser moved to accept the Metro and King County Conservation Futures grants. Councilmember seconded. The motion passed 2-0. Staff will contact Councilmember Johnson by phone to obtain a unanimous vote for the consent calendar. (Johnson later agreed.) SEATTLE WATER DEPARTMENT MIDWAY RESERVOIR PROPERTY Staff received a letter from the Seattle Water Department which needs to be returned by December 23 indicating e Parkser the Commiitteeyof Kent has an interest in has indicated an interest in the Midway Reservoir property. Th the past, and Helen Wickstrom requested direction from the Committee. Wickstrom explained that the assessed value ref the prop time ,rty l $20 ,800. property The city of Seattle is having the property appi will be for sale at the first of the year for the appraised value. Seattle is willing to accept 20% down, with 7% interest for a ten year -term, with one payment per year. The National Guard is also interested in a portion of the property. Wickstrom pointed out that returning the letter does not obligate the City of Kent to purchase the property. The Parks Committee directed staff to return the letter to the Seattle Water 1. SUBJECT: CAPITAL FACILITIES PLAN Kent City Council Meeting Date April 5, 1994 Category Consent Calendar 2. SUMMARY STATEMENT: Authorization of a budget change of $21,500 to the Capital Facilities Plan based on changes to the Scope of Work for consultant services. The additional services will allow a wider range of alternatives to be considered during the deliberations on the Capital Facilities Plan. See - 3. EXHIBITS: Memo, GMA Work Plan, Scope of Work 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES / FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $21,500 SOURCE OF FUNDS: 1994 CIP Fund 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3K CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM April 5, 1994 MEMO TO: MAYOR DAN KELLEHER AND MEMBERS OF THE CITY COUNCIL FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: CAPITAL FACILITIES PLAN - BUDGET CHANGE AND CONTRACT ADDENDUM FOR SCOPE OF WORK FOR CONSULTANT SERVICES In August 1993, the City contracted with Henderson, Young & Company, capital facilities planning consultants, for professional services to assist the City's implementation of the Growth Management Act. The consultant's work program is specifically related to the capital facilities element of the City's Comprehensive Plan and the Environmental Impact Statement. The original scope of work was drafted under the direction of the former City Administration. It included professional and staff services to identify the present levels of facility services (LOS) in Kent, an initial Alternative LOS, and a Council Preferred LOS. After reviewing the "Capital Facility Requirements" and "Revenue Sources for Capital Facilities" reports and other products of the capital facilities planning process, the present administration identified a need to analyze a wider range of LOS options and present five LOS/Revenue scenarios to Council members for your consideration rather than two, as provided by the original contract. The fee to expand the original Henderson, Young & Company contract is $21,500. A copy of the scope of work and work plan is attached to this memo for your review. Your concurrence on this proposed expanded contract will permit the City to meet internal time lines for completing the Capital Facilities element of the Growth Management Plan. JPH/mp:lp:c:CFPADD.MEM cc: Linda Phillips, Planner Fred Satterstrom, Planning Manager DRAFT For Discussion Purposes Only ADDENDUM TO EXHIBIT A SCOPE OF WORK CONSULTANT SERVICES CONTRACT Henderson, Young & Company (HYCO) will perform the following services to assist the City of Kent develop additional scenario information for the Capital Facilities Plan (CFP) of the City's comprehensive plan. The phrases in italics at the end of each task description indicate the primary participants in the task: Planning, Finance, and or "providers" (the departments, agencies and districts that provide public facilities). At the end of each subtask is a line that summarizes HYCO's role and the estimated number of hours of consulting services. The cost of this Addendum is based on the average of all estimates. This Addendum involves 5 tasks, listed below. The cost of each task is also shown. Following the task list are detailed descriptions of each task and subtask. TASK COST (S) 1. Develop Additional Scenario Alternatives $ 5,500 2. Develop maintenance & Operating Costs 41000 3. Analyze Revenue that is Currently Available 31000 4. Prepare Report to Council and Mayor's Recommendation 2,000 000 5. Present Report to Council TOTAL $21,500 The range of hours and costs estimated for each task and subtask are for contract estimating purposes only. HYCO may spend less or more time/costs on individual tasks and subtasks without prior notification to or approval by the City, but in no instance may the total amount of all payments to HYCO for all services pursuant to this Addendum exceed $21,500. TASK 1: DEVELOP ADDITIONAL SCENARIO ALTERNATIVES 1.1 Develop "no additional capacity" scenario by reviewing and refining the "non -capacity" projects proposed in the "Capital Facilities Requirements" prepared by HYCO. HYCO: No services 0 hours City to prepare priorities 1.2 Revise the Current LOS scenario in the "Capital Facilities Requirements" report by consolidating the "actual" and "transition" lines. HYCO: Make changes 1-2 hours 1.3 Revise the "Department Recommended" LOS scenario in the "Capital Facilities Requirements" report by (1) ADDENDUM TO EXHIBIT A SCOPE OF WORK CONSULTANT CONTRACT consolidating the "actual" and "transition" lines and (2) changing the "recommendation" to the "Initial Alternative LOS" HYCO: Make changes 2-4 hours 1.4 Develop an alternative scenario based on national or regional standards for levels of service. HYCO: Assist departments to select national or regional standard: Hyco prepares scenarios. 14-18 hours 1.5 Develop an alternative scenario which represents the provider's estimate of the "minimum level of service that would be acceptable for the City. HYCO: City departments will identify "minimum" LOS; HYCO prepares 20-28 hours scenarios. TASK 2: DEVELOP MAINTENANCE & OPERATING COSTS 2.1 Develop estimates of "average" maintenance and operating costs per unit of facility capacity. HYCO: Advise City on which costs to 6-10 hours include 2.2 Apply the results of task 2.1 to each scenario's required facility capacity and forecast future maintenance and operating costs of new capital facilities HYCO: Prepare forecasts 20-28 hours TASK 3: ANALYZE REVENUE THAT IS CURRENTLY AVAILABLE 3.1 Forecast the amounts of revenue that will be available from sources of revenue that are currently used by the City for capital improvements. HYCO: No services --City to prepare 0 hours forecasts. 3.2 Forecast the maximum amount of revenue that the City could obtain for capital improvements. HYCO: Completed during earlier work 0 hours ADDENDUM TO EXHIBIT A SCOPE OF WORK CONSULTANT CONTRACT 3.3 Assign or allocate the forecasts from 3.1 and 3.2 to each type of public facility. HYCO: Assign or allocate revenues among types of facilities 20-28 hours TASK 4: PREPARE REPORT TO COUNCIL AND MAYOR'S RECOMMENDATION 4.1 Prepare draft compilation of summary format for each type of public facility HYCO: Prepare draft report 20-28 hours 4.2 Mayor prepares recommendations HYCO: Assist and advise Mayor and staff 14-18 hours TASK 5: PRESENT REPORT TO COUNCIL 5.1 Present report to City Council HYCO: Assist Mayor and staff 14-18 hours IN WITNESS WHEREOF, the parties have executed this Agreement o the day and year first above written. HENDERSON, YOUNG & COMPANY, INC. BY: Randall L. Young President Notices to be sent to: Mr. Randall L. Young President Henderson, Young & Company 17202 N.E. 85th P1., N228 Redmond, Washington 98052 3 BY: BY: THE CITY OF KENT James P. Harris Planning Director Jim White, Mayor Mr. James P. Harris Planning Director The City of Kent 220 Fourth Avenue Kent, Washington 98032 ADDENDUM TO EXHIBIT A SCOPE OF WORK CONSULTANT CONTRACT LP:a:hycocont.add 4 APPROVED AS TO FORM Roger A. Lubovich Kent City Attorney ATTEST: Brenda Jacober Kent City Clerk Kent City Council Meeting n A ril 5 1994 1 Date Category Consent Calendar 1. SUBJECT: OUT OF STATE Jai DR f 2. SUMMARY STATEMENT: " Mayor White5w�ii=c- t request t�ity Council approval of his trip to China and Taiwan. His travel, hotels and meal expenses will be paid by the Mayor and through the Kent Chamber of Commerce but he is requesting approval of unbudgeted incidental expenses that may arise such as the use of his City Telephone calling card. He expects to telephone the City periodically while he is traveling. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES_. FISCAL/PERSONNEL NOTE: Recommended Not Recommended % 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, DISCUSSION: ACTION: Councilmember seconds Council Agenda Item No. 3L M E M O R A N D U M TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCILMEMBERS FROM: JIM WHITE, MAYOR aeovn DATE: MARCH 28, 1994 SUBJECT: COUNCIL APPROVAL OF OUT-OF-STATE TRIP I would like to request City Council approval of my trip to China and Taiwan. While my travel, hotels and meal expenses will be paid by myself and through the Chamber of Commerce, I am requesting Council approval of unbudgeted incidental expenses that may arise such as the use of my telephone calling card. I expect to telephone the City periodically while I am traveling. Thank you for your consideration. JW: jb al C/ Kent City Council Meeting Date April 5 1994 Category Consent Calendar 1. SUBJECT: GREEN RIVER TRAIL -rr eE+TANeL 2. UMMARY STATEMENT: s recommended by the Parks Committee, uthorization to accept the Green River Trail project as complete, and to release etainage to Merlino Construction upon receipt of State releases The project was completed within budget. 3. EXHIBITS: None 4. RECOMMENDED BY: Hough Beck & Baird Landscape Architect Parks_ Department Parks Committee (2/8/94) (Committee, Staff, Examiner, Commission, etc.) 5. RP 7. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended i EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember, DISCUSSION: ACTION: econds Council Agenda Item No. 3M 1. SUBJECT: Kent City Council Meeting Date April 5, 1994 Category Consent Calendar UPPER GARRISON CREEK CONDEMNATION 2. SUMMARY STATEMENT: As recommended by the Public WorDand Committee, option of Ordinance No. I ( authorizing condemnation for easements for the Upper Garrison Creek Stormwater Conveyance project which services the area i around the Benson Center (104th Ave. SE & SE 240th St). Negotiations will be on-going to secure all easements, ?� in the interest of reducing proiect_ilementation time, pt -- par-�asle-laction is requested 3. EXHIBITS: Public Works Minutes, Public Works Director Memorandum, ordinance and vicinity maps 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCALJPERSONNEL NOTE: Recommended Not Recommended_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3N PUBLIC WORKS COMMITTEE MARCH 28, 1994 PRESENT: TIM CLARK ARTHUR MARTIN JIM BENNETT JIM HUNTINGTON DON WICKSTROM MAY MILLER ROGER LUBOVICH STEVE CAPUTO GARY GILL MR & MRS RUST ABSENT: PAUL MANN - CHAIR Garrison Creek Stormwater Control Project Wickstrom stated there are two sections of this project where we will need to proceed with condemnation while simultaneously proceeding with negotiations. He said the shopping center and apartment complexes in and around the S.240th and 104th Ave SE intersection flood out during heavy storms. He noted that this was one of the projects in our Capital Improvement Program which is to relieve that area of flooding problems. Wickstrom said that our goal is to provide a new conveyance system and a major detention system at the headworks of Garrison Creek. He said we have all the easements for the conveyance system within the shopping center; we have two pieces one on the north end of the system and one on the southerly end of the system which are part of the open channel portion that we still need to negotiate easements for. He explained that the normal process has been sequential where we negotiate and then condemn; we want to do both (negotiate and condemn) simultaneously which speeds up the process and shaves months off the schedule. Wickstrom said we would like to build it all at once rather than having two contracts. In response to Clark, Wickstrom stated that the properties in question are easements only. He also stated that everyone has been, or will be, contacted prior to any condemnation. Committee unanimously recommended proceeding with the necessary steps for condemnation, while continuing negotiations. Residential Garbage Service Rate Issue Because of the absence of Paul Mann at this meeting, the committee recommended postponing this issue until the next Public Works meeting, April 11th. (continued) DEPARTMENT OF PUBLIC WORKS MARCH 28, 1994 TO: Public Works committee FROM: Don WickstromVAU RE: Garrison Creek Stormwater Control Project As part of the solution to resolve the flooding in and around apartment complexes in the vicinity of 108th Ave SE and SE 240th st., at the Benson Shopping.Center (northeast corner of 104th Ave SE & SE 240th St.) and adjacent to the Upper Garrison Creek tributary between 104th Ave SE and 98th Ave SE, construction of a new drainage trunk line and widening and improving the open drainage courses is required. To date we have secured all easements necessary to construct the trunk system with only those related to the open channel portion yet to be acquired. The attached maps denote the areas and the specific parcels yet to be acquired and it should be noted that we have just started the appraisal negotiation process thereon. However in order to expedite the acquisition process, we are requesting authorization to proceed with condemnation. This simultaneous approach (negotiation and condemnation) will literally save months versus the sequential approach of negotiation then condemnation. It is highly likely that most of these easements will be acquired through negotiation with only a limited few ending up involved in condemnation. While we will continue to negotiate, we are requesting authorization to proceed with condemnation. ACTION: Authorization to proceed with condemnation. NORTH LEGEND cnnJECT LOCATION UPPER GARRISON CREEK CONVEYANCE IMPROVEMENTS EASEMENT ACQUISITION VICINITY MAP I r I m I n I m I I z m a h R .a A � i F � m z y n -] r O N -i Z 1 � I — a 1� — Ir 1 1; I: I I; I. r, I� I` 1; 1 1 I � I 1 I I � � IJ-, I l �I I Sym L — I I — I I E-A i E_ I riC I — — L) I 7JTH Av_E_SE NORTH LEGEND -. PROJECT LOCATION EASEMENT ACq UISITION AREA ;v p MENTS UPPER GARRISON CREEK CONVEYANCE IMPROVE EASEMENT ACQUISITION MAP 2 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of a permanent easement for storm drainage purposes over certain property in order to improve, alter, install, operate and maintain a storm drainage system for e Upper Garrison Creek, which property is generally located along Upper Garrison Creek in the area northwest of the intersection of South 236th Street and 100th Avenue SE and also along Upper Garrison Creek between 112th Avenue SE and 104th Avenue SE; providing for the payment thereof from the City's Safeway Storm Drainage Fund (Project # 91-3018/D- 37); and providing for the condemnation of such property rights as necessary therefor; all of said properties located within King County, Washington. THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of all or a portion of several parcels of real property, all located in King County, Washington for the City's Upper Garrison Creek storm drainage system. The properties designated for condemnation are located generally along Upper Garrison Creek in the area northwest of the intersection of South 236th Street and 100th Avenue SE and also along Upper Garrison Creek between 112th Avenue SE and 104th Avenue SE and are legally described in Exhibit A, which is attached hereto and incorporated herein by this reference (hereinafter, the "Properties"). 1 Sect 2. The public convenience, use and necessity deman that the City condemn the Properties in order to acquire an easement for storm drainage purposes, which purposes shall include all acts necessary or that may, from time to time, become necessary to complete the improvement, alteration, installation, operation and maintenance of said storm drainage system. Sect_ 3• The City shall condemn the Properties only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. Section 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this Ordinance through the City's Safeway Storm Drainage Fund (Project No. 91-3018/D-37), or from any of the City's general funds, if necessary, as may be provided by law. Section 5. The City authorizes and directs the City Attorne, to commence those proceedings provided by law that are necessary to condemn the Properties. In conducting the condemnation proceedings, the City authorizes the City Attorney to enter into stipulations in order to minimize damages, which stipulations may include, but not be limited to, size and dimensions of the Property condemned, construction easements and other property interests. Section 6. Any acts consistent with the authority and prior to the effective date of this Ordinance are ratified and confirmed. Section 7. 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. 2 Section 8. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of APPROVED the day of PUBLISHED the day of 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. CONDEMN9.pwk BRENDA JACOBER, CITY CLERK 3 V 111 / 7" I The north 40.00 feet of the east 208.21 feet of the following described property: The south half of the southeast quarter of the northeast quarter of the southeast quarter of Section 18, Township 22 North, Range 5 East, W.M., in King County, Washington; C1 EXCEPT the east 121 feet of the west 436 feet of the south 130 feet thereof; (� AND EXCEPT the west 315 feet thereof; vV AND EXCEPT the south 30 feet as conveyed to King County for road purposes by deed recorded under Recording Number 6085509; AND EXCEPT the west 10 feet of the east 30 feet as conveyed to King County for road purposes by deed recorded under Recording Number 5036381; AND EXCEPT any portion thereof lying within 100th Avenue Southeast. TEMPORARYTOGETHER WITH A CONSTRUCTION EASEMENT adjacent to the west and south lines of the above described property RNP A strip of land 30.00 feet in width lying within a portion of the following described property. The east half of the north half of the north half of the southeast quarter of the northwest quarter of the southeast quarter of section 18, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion deeded to King County under c� Recording Number 5036366 for 100th Avenue S.E. which centerline of �J said strip is described as follows: Beginning at the southwest corner of the above described parcel; thence east along the south line thereof a distance of 105.00 feet to the True Point of Beginning of centerline herein described; thence North 36017112" West a distance of 74.12 feet; thence North 21043108" West a distance of 113.33 feet to a point on the north line of said parcel and the terminus of centerline herein described. FIND Al- SO That portion of the east half of the south half of the south half of the north half of the southeast quarter of the northwest quarter of the southeast quarter of Section 18, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the east 30 feet for road described as follows: Beginning at the southwest corner of the above described property; thence east along the south line thereof a distance of 90.00 feet to the True Point of Beginning of property herein described; thence North 08°04102" East a distance of 82.76 feet to a point on the north line thereof; thence east along said north line a distance of 30.00 feet; thence South 01004102" West a distance of 72.75 feet; thence South 44039120" East a distance of 13.98 feet to a point on the south line thereof; thence west along said south line a distance of 40 feet to the True Point of Beginning. AND P\L SO The east 30.00 feet of the west 120 feet of the following described property. The east half of the north half of the south half of the north half \� of the southeast quarter of the northeast quarter of the southeast quarter of Section 18, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the West 15 feet; AND EXCEPT the west 10 feet of the east 30 feet thereof conveyed to King County for road purposes by deed recorded under Recording Number 5036365; AND EXCEPT any portion thereof lying within 100th Avenue Southeast. R� D HL S 0 ( corer.) 1/4 Beginning at the southwest corner of the following described property being the True Point of Beginning of property herein described. The south half of the south 6 acres of the southeast quarter of the northwest quarter of the southwest quarter of Section 17, Township * 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the `\ east 30 feet thereof conveyed to King County by deed recorded under Recording Number 1136226 for 104th Avenue Southeast; EXCEPT that portion conveyed to the City of Kent by deed recorded under Recording Number 79121030503 (re-recording of 7806140119) for Southeast 236th Place. Thence north along the west line thereof a \ distance of 40.00 feet; thence North 81022116" East a distance of y, 172.45 feet; thence east parallel with the south line of above }� described property a distance of 388.06 feet to a point on the west line of 104th Avenue Southeast; thence south along said west line a distance of 70.00 feet to a point on the north line of Southeast 236th Street; thence west along the north line thereof a distance of 558.09 feet to the True Point of Beginning. AND AL S0 l The north 20.00 feet of Tract 9 R.O. Smiths Orchard Tracts to Kent Vol. 12 page 27 King County, WA. RNQ ALSO The north 20.00 feet of Tract 10 R.O. Smiths Orchard Tracts to Kent hVol. 12 page 27 King County, WA EXCEPT the west 186.00 feet thereof. F0 ALSO The north 20.00 feet of the west 66.00 feet of Tract 10 R.O. Smiths l� Orchard Tracts to Kent Vol. 12 page 27 King County, WA. RN D ALSO The north 20.00 feet of the east 120.00 feet of the west 186.00 feet of Tract 10 R.O. Smiths Orchard Tracts to Kent Vol. 12 page 27 King County, WA. N l4N D /\L50 CCVNT 2-14 2� Kin Countyt WA. The north 20.00 feet of the east 2 feet of Trac11 R'O' Smiths Orchard Tracts to Kent Vol. 12 pageq RU ALSO The north 5.00 feet of the west half of the west half of the \ southwest quarter of the northwest quarter of the northeast quarter of Section 20 Township 22 North Range 4 E, W.M. King County WA. i Rip ALSO The north 5.00 feet of the southeast quarter quarter of Section 20, County WA. RN q AL SO the west 128.00 feet of the west 2 acres of of the northwest quarter of the northeast Township 22 N, Range 5 East, W.M., King The north 5.00 feet of the southeast quarter of the northwest quarter of the northeast quarter of Section 20, Township 22 N, Range 5 East, W.M., King County WA; EXCEPT the west 128.00 feet; AND EXCEPT the east 384 feet thereof. pKIU AL S 0 The north 5.00 feet of Lot 2 King County Short Plat No. 881086 recorded under Auditors File No. 8112110601 being a portion of the southeast quarter of northwest quarter of northeast quarter in Section 20, Township 22 North, Range 5 East, W.M. King County, WA. AND ALSO The north 5.00 feet of of the following: The east 128 feet of the southeast quarter of the northwest quarter of the northeast quarter of Section 20, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the west 98 feet of the east 128 feet of the south 215 feet of the southeast quarter of the northwest quarter of the northeast quarter .of Section 20, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 30 feet conveyed to King County for road by deed `v recorded under Recording Number 2569132; (ALSO KNOWN AS a portion of Kent Lot Line Adjustment No. LL -89-32 recorded under Recording Number 8912010532). RNA ALSO( 3�4 The north 20.00 feet of the east 25.00 feet of Tract 11 R.O. Smiths Orchard Tracts to Kent Vol. 12 page 27 King County, WA. TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT over the west 20.00 \ feet of the east 45.00 feet of the north 45.00 feet and over the south 25.00 feet of the north 45.00 feet of the east 25.00 feet of said Tract 11. Said TEMPORARY EASEMENT shall remain in full force and affect until the storm drainage system is constructed and accepted by the Kent City Council. Any construction shall be accomplished in such a manner that the existing improvements and N land contours existing in the easements shall not be disturbed or destroyed, or in the event that they are disturbed or destroyed, Y\!r they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. 4/1, 1. SUBJECT: COUNCIL CHAMBER REMODEL Kent City Council Meeting Date April 5 1994 Category Consent Calendar 2. SUMMARY STATEMEN/ish s recommended by the Operations Committee at the23, 1994 meeting# Authorization inw -rte to estbudget not to exceed $20,000 to replace the Counand provide improved background for Council filming.chitect estimates the costs will not exceed $20,000. The plan anticipates building a new dais to allow Council more room and a wheelchair ramp. Authorization i-9-reqVes-te4 to establish the budget and si.gnrm*- +erf the change order. 3. EXHIBITS: 4. RECOMMENDED BY: O erations Committee 3-23-94 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT:_ NO YES � FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: seconds ACTION: Council Agenda Item No. 30 MEMO DATE: March 16, 1994 TO: Brent McFall, Director of Operations FROM: Charlie Lindsey, Support Services Ma ge SUBJECT :COUNCIL CHAMBER DIAZ REMODEL UPDATE The architect has provided us a rough sketch of the Council diaz based on our discussions at the last Operations Committee meeting. I do not have updated costs yet but all indications are that they may be as much as before or more. Also the last time I neglected to include the cost for the architects time to do the design work. The cost for the architect up through the first design presented at the last meeting were $2,819 plus the construction costs of $11,871 and the estimate for the covering behind the council for filming of $2,500 for a total estimate now of $17,190 plus additional architect fees and whatever the additional construction costs might be. MPR is '94 ss: r,E: P. 2 J - +k 2, �a��7�i1 chatr,�P.r- -r�ro. �` 1-o 15 Mar Kent City Council Meeting Date April 5 1994 Category Consent Calendar 1. SUBJECT: KENT ARTS COMMISSION 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Bill Erb to serve as a member of the Kent Arts Commission. Mr. Erb has owned and operated a bookstore in Kent for several years and has a long-standing interest in the arts. He volunteers his time and talent to help with Canterbury Faire each year and is involved with other arts -related projects as well. He will replace Jim Land, who resigned, and his appointment will be in effect until 10/31/95. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Ma or White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3P MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE: MARCH 31, 1994 SUBJECT: APPOINTMENT TO KENT ARTS COMMISSION I have recently appointed Bill Erb to serve as a member of the Kent Arts Commission. Mr. Erb has owned and operated a bookstore in Kent for several years and has a long-standing interest in the arts. He volunteers his time and talent to help with Canterbury Faire each year and is involved with other arts -related projects as well. He will replace Jim Land, who resigned, and his appointment will continue to 10/31/95. I submit this for your confirmation. JW.jb cc: Patrice Thorell, Acting Parks and Recreation Director Robb Dreblow, Arts Commission Chair Kent City Council Meeting Date April 5, 1994 Category other Business 1. SUBJECT: RECYCLING/YARD WASTE REQUESTS FOR PROPOSALS 2. SUMMARY STATEMENT: This issue was discussed at the March 8th Council Workshop. At the meeting, the three pro- posals for curbside recycling and yard waste collection were reviewed along with staff's recommendation thereon. Copies of the materials presented are included in the packet herein. The Public Works Director will give a brief review of this matter for Council. 3. EXHIBITS: Public Works Minutes (2/14/94) and memorandum from Public Works Director 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember rnayy"�/ seconds to authorize and direct staff to pursue contract negotiations f r cur side recycling and yard waste collection with �- D , and that if said negotiations are unsuc- cessful, t at the matter be referr.e back to Council for further direction., V�1 Cwt Councilmember _moves Councilmembery seconds to fund implemental o�n of curbside rreecycling��Y waste collection » Ao,k Q na � DISCUSSION •y t 3-f-� nog re�en ups • u ACTION: �/y17f n C� CY Council Agenda Item No. 4A PUBLIC WORKS COMMITTEE FEBRUARY 14, 1994 SPECIAL MEETING 4:30 P.M. PRESENT: PAUL MANN TOM BRUBAKER LEONA ORR BRENT McFALL JIM BENNETT ARTHUR MARTIN DON WICKSTROM MAY MILLER GARY GILL ROBYN BARTELT Recycling Yard Waste - Proposals Wickstrom stated that in answer to our Request for Proposal, we received three yard waste proposals. He presented the Committee with a summary of the comparison of services between Kent Disposal, Tri-Star and Waste Management. Wickstrom said that our present recycling contract with Kent Disposal, actually expired in October of 1993 and has been given several extensions with the last extension expiring at the end of March. Wickstrom said we are in the yard waste program because we need to reach our 50% goal of reducing our garbage waste stream and a yardwaste program would accomplish that, by eliminating yardwaste from our garbage waste stream and also, King County is planning to eliminate yardwaste from entering the landfill. Wickstrom further explained the differences in service and dollars between the three proposals submitted. He said that our plan is to continue with subsidizing the recycling program and also institute the yard waste program, on a fee basis by the user. Wickstrom requested authorization to renegotiate with Waste Management. In response to Orr, Wickstrom said that because this is a Request for Proposal, there is no law stating that we are required to accept the lowest bidder. Committee unanimously recommended moving this item to Council Workshop. Meeting adjourned at 4:50 P.M. DEPARTMENT OF PUBLIC WORKS APRIL 5, 1994 TO: Mayor & City Council FROM: Don Wickstromt�lA1 RE: Curbside Recycling & Yard Waste Collection Contract As you will recall this issue was discussed at the March 8th Workshop. Copies of the material presented thereat are attached. Basically we have three proposals; one from Kent Disposal, one from Tri Star Disposal and one from Waste Management -Rainier. The proposals were requested on the basis of one contractor doing all. As such, Council selection needs to follow accordingly. A detailed comparison of the respective proposals is attached to the enclosed February 24th memo. With respect to recycling, Kent Disposal submitted a commingle system using toters while Tri Star and Waste Management submitted a source separation system using bins. Waste Management is offering weekly service while the others are offering every other week service. With respect to the yard waste program, all are offering 90 - 96 gallon toters with weekly service except Kent Disposal which is offering every other week service. As noted in the following Table (For more detail, see Table of Cost attached to February 24th memo) with respect to total cost, Waste Management is the least costly. K.D. (Recy.Cust.Base) K.D. (Garbage Cust.Base) Tri Star (32 gal) (90 gal) (32 gal) (90 gal) Wst.Mgmt. Rcyl. $527,339 $576,631 $533,500 $594,851 $524,875 $505,777 Yard - waste With respect to financing the entire package, the options range from full subsidy to full user service charge. As Council is aware, presently we are fully subsidizing our existing curbside recycling program. It is thus staff recoommendatiotl vel we continue nto do so in order to maintain the high participating have. With respect to the yard waste program, we are recommending that the customer be charged for the service. Additionally I want to remind the Council that we are not requiring mandatory service, only that there be a ban on disposing of yard waste into the garbage. Since the March 8 Council Workshop, Tri Star submitted a revised proposal which they say deletes the costs they originally included per providing neighborhood recycling collection sites. Under this revised proposal, their total cost would be $496,783 thus making them the least cost provider. It should be noted that this re- submittal should not be considered due to the legal ambiguities it would instill into the whole process. It is only noted herein because it was included in the financial comparison analysis incorporated in Brent McFall's memo of March 29th, which is also part of the packet herein. Since one contract will provide all, a critical distinction relates to the recycling program per toter versus bin service. As Council is aware, we are recommending that the Waste Management program provides the best overall service for the combined recycling/yard waste programs at the least cost to the City and residents. If however, toter recycling service is paramount, then Kent Disposal should be selected. Were they selected, then financially we would recommend that the City fully subsidize the 32 gallon and 90 gallon toter program with the exception that the customer pick up the toter rental rate ($1.o0/month) for the 90 gallon toter service. By re doing so, the existing revenues within the environmenbta lfund adequate and no increase in the utility tax on g g would be required. Per the yard waste collection program we still recommend that it be a customer service charge. In summary, the contractor selected per Council motion, should either be Waste Management or Kent Disposal, depending on what type of recycling service Council perceives as important. Per Council motion on funding, it should be to fully subsidize the Recycling Program up to the cost of 32 gallon toter system with the balance of the costs for the entire Recycling/Yard Waste Program via customer service charges. DEPARTMENT OF PUBLIC WORKS FEBRUARY 24, 1994 TO: Mayor White &Cit Council FROM: Don Wickstrom RE: Curbside Recycling and Yard Waste Collection Contract The -City of Kent's residential curbside recycling contract expires March 31, 1994 (this includes two extensions with Kent Disposal). The Public Works Department asked for RFP's for residential curbside collection of recyclables and a yard waste collection program. On February 11th three proposals were received; one from Kent Disposal Company, current contractor for residential curbside recycling, one from Tri Star Disposal and one from Waste Management -Rainier. Detailed comparison of the proposals is given in the attached table. Also included on a separate table is a financial comparison. Council will recall in order to meet the 50% reduction in our waste stream by 1995 as stipulated in our adopted Comprehensive Solid Waste Plan, continuing on with our recycling program and implementing a yard waste program is crucial thereto. Also, as added incentive it is our understanding the County plans to ban the acceptance of yard waste at Cedar Hills by 1995, so implementation of the yard waste program needs to go forward. To maintain the high participating level in our recycling program we are recommending that we continue on with subsidizing it. As for the yard waste program, we recommend that the customer be charged for the service. The service however would not be mandatory but there would be a ban on disposal of yard waste into the garbage, thus hopefully encouraging backyard composting. Based on the proposals submitted, the Waste Management program provides the best overall service level per the combined recycling/yard waste programs at the least cost to the City (no utility tax increase required) and residents. As such, our recommendation is to pursue a negotiated contract with Waste Management for the City's residential curbside recycling and yard waste collection program. RESIDENTIAL CURBSIDE RECYCLING & YARD WASTE COLLECTION PROGRAM - PROPOSALS if company provides Implementation Schedule Within 30 days 90 days from 55 days from from signing signing contract signing contract contract Additional Services Develop several neighborhood recycling collection sites Recycling Customer Base - 4,107 Garbage Customer Base - 5,113 RECYC Kent Disposal Tri Star Waste Mcrmt Curbside Recycling Type of Container 90 gal toter/ 3 basket system 3-14 gal bins one lid 20 gal glass with (or) 32 gal toter/ 18 gal glass Level of Service Every other week Every other week Every week Type of Service co -mingled Source separated Source separated Cost of Service 90 gal - $3.95*/mo $3.78 each $2.55 each 32 gal - $2.95/mo Eligible house- Eligible house - per participating hold; no rental hold; no rental customer (or) on bins on bins 90 gal - $3.47*/mo 32 gal - $2.47/mo per garbage base customer Includes $1.00/mo rental on toter Yard Waste Collection Type of Container own or company 96 gal toter 96 gal toter provided 90 gal provided by provided by toter company company Level of Service Every other week Weekly Mar -Nov Weekly Mar -Nov Once/mo Dec -Feb Mar -Nov Once/mo Dec -Feb Once/mo Dec -Feb Cost of Service $7.75/mo Mar -Nov $6.87/mo $9.55/mo Mar -Nov $220 mo Dec -Feb $1.00 $3.75 mo Dec -Feb No toter rental No toter rental if company provides Implementation Schedule Within 30 days 90 days from 55 days from from signing signing contract signing contract contract Additional Services Develop several neighborhood recycling collection sites Recycling Customer Base - 4,107 Garbage Customer Base - 5,113 RECYC -IV z() c zo d x� N U o O\ O ON cr\ �c w w O O VNi C A o r* w 7� w o -C, C„ O n fin" w r7 O �s 0 <D w y G `< C c� n m CCD ° °�' o.. `C A. 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WNA O W - O m A V l 0Co V N✓ O n.� W L7 W fD N w N n T co LO0 7C W Ut V �O w w V O J w O � N A W W co O Vl W N CO O CO CO O N A V lD N V N✓ O 0 CO to A W Oi N O N C N N ,f* O N N 'f W lD N tG T N A V 0 w � W A W O W O N v w w W W N V O W co l0 19 W L7 N w T 0 V O J w O � N N A A W lJ� CO O N v (p trt W N A 0 CO to A W Oi N O N � N N 'f — 0 O O omw l)1 N l0 O N V 1p w W y V A W l D C O O N v N V W N O O CO E -' N T N _ N 03 N N A m V w w _ A W N COON T m WNL O W �-- E w N m � N N W �n V lD 3 to A W Oi N O N � M E M O R A N D U M TO: JUDY WOODS, CITY COUNCIL PRESIDENT COUNCILMEMBERS FROM: BRENT McFALL, DIRECTOR OF OPERATIONS, DATE: MARCH 29, 1994 SUBJECT: RECYCLING CONTRACT AND RATES Councilmember Christi Houser requested that I do some research in providing Council with options as to how to fund the City's contract for recycling services. Attached to this memorandum are spreadsheets which show the status of the Environmental Fund taking into account the various proposals submitted by potential contractors. The difference between the two spreadsheets is that Attachment B includes the cost of the yard waste program in the City's cost. For purposes of this memorandum, I am recommending for all options that the yard waste program be paid from fees levied by the contractor against the yard waste customers, and not paid for by the City of Kent. With respect to options as to how the increased cost of the recycling contract can be paid for, I recommend that Council consider the following: Option 1 Increase the utility tax rate on garbage collection sufficient to cover the added costs of the recycling option chosen. Option 2 Absorb the increased costs in the Environmental Fund. The Environmental Fund has a balance of over $300,000 which could be partially utilized to pay the increased costs of recycling. However, this should be viewed as only a short term solution. Increasing garbage rates would result in increased income into the Environmental Fund in future years which would help offset some of the impacts on the Environmental Fund. Option 3 Reallocate the split between the General Fund and the Environmental Fund. Fewer dollars from utility taxes would be available to the General Fund. Rather, they would be retained in the Environmental Fund for purposes of paying the recycling contract. The amount diverted from the General Fund would depend upon the recycling option selected. In that we continue to struggle to rebuild the General Fund, this option has a direct impact on our ability to restore the General Fund's health. Option 4 Reallocate a portion of the budget from seasonal clean-up to recycling. From 1991 to 1993 only about $3,500 per year has been expended on seasonal clean-up. However our budget for this program is approximately $31,000. Therefore, it would appear that fairly significant dollars are available in the Environmental Fund from this source. The four options listed above provide you with some opportunities to enter into a new recycling contract with the type of service desired by Council. Depending upon the recycling contract option selected, staff can "mix and match" among the various options to come up with a funding solution if Council chooses not to increase the utility tax to pay for the recycling contract. We will await your direction as to how you wish to proceed. JBM:jb CC: Don Wickstrom, Public Works Director Robyn Bartelt, Conservation Specialist May Miller, Finance Manager ENVIRONMENTAL FUND ANALYSIS (Recycling Only) 1994 Budget Adjusted Kent Disposal Recycling Base (32 Gal) (90 Gal) Kent Disposal Tristar Waste Mgmt Garbage Base (32 Gal) (90 Gal) Tristar Resubmit Revenues : Garbage Utility Tax Oil Collection Grant C.P.G. King County Grant Interest income 203,932 14,868 36,026 11,106 10,000 203,932 14,868 36,026 11,106 10,000 203,932 14,868 36,026 11,106 10,000 203,932 14,868 36,026 11,106 10,000 203,932 14,868 36,026 11,106 10,000 203,932 14,868 36,026 11,106 10,000 203,932 14,868 36,026 11,106 10,000 203,932 14,868 36,026 11,106 10,000 Total Revenue 275,932 275,932 275,932 275,932 275,932 275,932 275,932 275,932 Expenditures by Program Recycling Salaries Benefits Operating Supplies Recycling Contract Training Liability Insurance 29,211 7,082 807 143,148 329 437 29,211 7,082 807 145,388 329 437 29,211 7,082 807 194,672 329 437 29,211 7,082 807 151,549 329 437 29,211 7,082 807 212,905 329 437 29,211 7,082 807 186,294 329 437 29,211 7,082 807 125,674 329 437 29,211 7,082 807 158,202 329 437 181,014 183,254 232,538 189,415 250,771 224,160 163,540 196,068 Seas Cleanup Sara wtle # Used Oil Collection 31,020 49,658 14,868 31,020 49,658 14,868 31,020 49,658 14,868 31,020 49,658 14,868 31,020 49,658 14,868 31,020 49,658 14,868 31,020 49,658 14,868 31,020 49,658 14,868 Total Expenditures 276,560 278,800 328,084 284,961 346,317 319,706 259,086 291,614 'et Change in Fund Balance (628) (2,868) (52,152) (9,029) (70,385) (43,774) 16,846 (15,682) ieginning Fund Balance 325,104 325,104 325,104 325,104 325,104 325,104 325,104 325,104 "_nding fund Balance 324,476 322,236 272,952 316,075 254,719 281,330 341,950 309,422 Required Additional Funding 628 2,868 52,152 9,029 70,385 43,774 (16,846) 15,682 utility Tax Increase 0.01% 0.047 0.77'/. 0.13% 1.04% 0.64% -0.25% 0.23% "'otal Utility Tax Rate 6.51%. 6.54% 7.27% 6.63% 7.54% 7.14% 6.25% 6.73% :ustomer Base Rate per Month 4,107 2.95 4,107 3.95 5,113 2.47 5,113 3.47 4,107 3.78 4,107 2.55 4,107 3.21 ENVIRONMENTAL FUND ANALYSIS (Recycling and Yard Waste) 1994 Budget Kent Disposal Adjusted Recycling Base (32 Gal) (90 Gal) Kent Disposal Tristar Waste Mgmt Tristar Garbage Base Resubmit (32 Gal) (90 Gal) Revenues : Garbage Utility Tax 203,932 203,932 203,932 203,932 203,932 203,932 203,932 203,932 Oil Collection Grant 14,868 14,868 14,868 14,868 14,868 14,868 14,868 14,868 C.P.G. 36,026 36,026 36,026 36,026 36,026 36,026 36,026 36,026 King County Grant 11,106 11,106 11,106 11,106 11,106 11,106 11,106 11,106 Interest Income 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Total Revenue 275,932 275,932 275,932 275,932 275,932 275,932 275,932 275,932 Expenditures by Program Recycling : Salaries 29,211 29,211 29,211 29,211 29;211 29,211 29,211 29,211 Benefits 7,082 7,082 7,082 7,082 7,082 7,082 7,082 7,082 Operating Supplies 807 807 807 807 807 807 807 807 Recycling Contract 143,148 145,388 194,672 151,549 212,905 186,294 125,674 158,202 Yard Waste 381,951 381,951 381,951 381,951 338,581 380,103 338,581 Training 329 329 329 329 329 329 329 329 Liability insurance 437 437 437 437 437 437 437 437 181,014 565,205 614,489 571,366 632,722 562,741 543,643 534,649 Seasonal Cleanup 31,020 31,020 31,020 31,020 31,020 31,020 31,020 31,020 Sara Title # 49,658 49,658 49,658 49,658 49,658 49,658 49,658 49,658 Used Oil Collection 14,868 14,868 14,868 14,868 14,868 14,868 14,868 14,868 Total Expenditures 276,560 660,751 710,035 666,912 728,268 658,287 639,189 630,195 Net Change in Fund Balance (628) (384,819) (434,103) (390,980) (452,336)(382,355) (363,257) (354,263) Beginning Fund Balance 325,104 325,104 325,104 325,104 325,104 325,104 325,104 325,104 Ending fund Balance 324,476 (59,715) (108,999) (65,876) (127,232) (57,251) (38,153) (29,159) Required Additional Funding 628 384,819 434,103 390,980 452,336 382,355 363,257 354,263 .;tility Tax Increase 0.01% 5.66% 6.39%. 5.75% 6.65% 5.62% 5.34% 5.21% 6.51% 12.16% 12.89% 12.25% 13.15% 12.12% 11.84% 11.71% ustomer Base 4,107 4,107 5,113 5,113 4,107 4,107 4,107 Recycling Rate per Month 2.95 3.95 2.47 3.47 3.78 2.55 3.21 Yard Waste Rates Mar - Nov 7.75 7.75 7.75 7.75 6.87 9.55 6.87 Dec - Feb 3.75 3.75 3.75 3.75 6.87 2.20 6.87 Tater Rental 1.00 1.00 1.00 1.00 0.00 0.00 0.00 1. SUBJECT: Kent City Council Meeting Date April 5 1994 Category Other Business CONVENIENCE STORES/GASOLINE SALES SIGN CODE AMENDMENT (ZCA-94-1)• 2. SUMMARY STATEMENT: The Planning Commission has recommended adoption of an ordinance which clarifies sign code requirements related to automobile service station signs in Section 15.06.050(B) of the Kent Zoning Code. This amendment allows service stations the same rights to signage as other businesses in commercial zoning districts, differentiates between interior and corner lots, and includes fuel price signs in the aggregate sign area. 3. EXHIBITS: Ordi�ance and minutes of Planning Commission 2/28/94 4. RECOMMENDED BY: Planning Commission (Committee, Staf , Examiner, Commission, etc.) 5. UNBUDGETED FISCAL P SONNEL IMPACT: NO YES FISCAL PERSONNEL NOT Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember_ _moved/ Councilmember seconds to adopt Ordinance No. 3110 amending the City's sign regula- tions pertaining to convenience stores with gasoline sales. DISCUSSION• //W ACTION • nt*n C/� Council Agenda Item No. 4B ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, amending Section 15.06.050(B) of the Kent City Code to allow greater sign area for convenience stores with gasoline sales; and to eliminate the thirty square foot restriction on fuel price signs. WHEREAS, the City of Kent maintains a regulatory review process wherein citizens may petition, and the City Council may endorse, amendments to the City's Zoning Code; and WHEREAS, a regulatory review request was filed by an applicant in 1993 which proposed certain amendments to the City's sign regulations pertaining to convenience stores with gasoline sales; and WHEREAS, the Planning Commission reviewed the regulatory change and found that the proposed sign code changes were consistent with the regulations applicable to other commercial businesses; and WHEREAS, in September of 1993, the Planning Commission held a public hearing and made a recommendation to the City Council on the proposed sign code changes; and WHEREAS, in November of 1993, the City Council endorsed the recommendation of the Planning Commission and passed Ordinance No. 3142 to implement the amendments; and WHEREAS, on January 6, 1994, it came to the attention of the Planning Department that the ordinance did not conform to the recommendation of the Planning Commission; and WHEREAS, any change to the ordinance, as approved, required an additional public hearing and recommendation to the City Council; and WHEREAS, on February 28, 1994, the Planning Commission held an additional public hearing to request an amendment to Section 15.06.050(B) in the Kent Zoning Code regarding convenience stores and gasoline sales; and WHEREAS, the Planning Commission again reviewed the proposed regulatory change and clarified their recommendation to - be consistent with the applicant's proposed amendment and the recommendation of the planning staff; and WHEREAS, the City Council considered the Planning Commission's recommendation on April 5, 1994 and concurred with the proposed modifications to the City's sign regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code Section 15.06.050 (as previously amended by Ord. No. 3142; Ord. No. 2810 §1; Ord. No. 3050 §§ 6, 7), is hereby amended as follows: V, Sec. 15.06.050. Regulations for specific districts. In all districts the planning director shall have the option to waive sign type requirements in unique and special cases where due to building design or other special circumstance the development is unable to conform to stated standards. A. Signs permitted in residential districts. 1. Identification signs for single-family dwellings and duplexes. One (1) identification sign shall be permitted for each occupancy. The sign shall not exceed an area of three (3) square feet, shall not exceed a height of six (6) feet above the surface of the street, shall be attached directly to a building, fence, standard or mailbox, and shall be unlighted or provided with indirect illumination. Home occupations shall not be allowed additional sign area. 2. Identification signs for multifamily dwellings. One (1) identification sign shall be permitted for each development, except that multiple -family dwellings with more than one (1) street frontage may be allowed an additional sign for each street frontage of such lot. Each sign shall not exceed an area of twenty-five (25) square feet, may be a wall or freestanding sign, shall be unlighted or indirectly lighted, and shall not exceed a height of six (6) feet above the ground if freestanding. 3. Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. B. Signs permitted in neighborhood convenience commercial, community commercial, general commercial and commercial manufacturing districts. The aggregate sign area for 3 any lot shall not exceed one and one-half (1 1/2) feet for each foot of street frontage. Aggregate sign area for corner lots shall not exceed one square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for occupancies. Each business establishment may have one (1) freestanding sign for each street frontage if not located in a shopping center, and three (3) additional signs. a. Freestanding sign. The freestanding sign shall not exceed a height of thirty (30) feet. The maximum sign area permitted is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. The sign may be illuminated. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: (1) The total area of all signs, graphics or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. (2) On properties where a pole sign cannot be erected due to setback requirements or building placement, a projecting sign may be allowed in lieu of the permitted freestanding sign. The projecting sign may not exceed fifteen (15) square feet in outside dimension. 2. Identification signs for shopping centers. One (1) freestanding identification sign, which may list the names of the occupants of the shopping center, shall be permitted for each street frontage of each shopping center. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall M exceed one hundred (100) square feet. A freestanding sign shall not exceed a height of thirty (30) feet, and may be illuminated. 3. Automobile service station signs. The aggregate sign area for any corner lot shall not exceed one a-nd ene—half— r3±1�jT (1) square feet foot for each foot of lot frontage, and the aggrectate sign area for any interior lot shall not exceed one and one-half square feet for each foot of lot frontage; and the permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Freestanding signs. One (1) freestanding lighted double-faced identification sign, not exceeding two hundred square feet for the total of all faces, with no such face exceeding one hundred (100) square feet, is permitted. Such sign shall not exceed a height of thirty (30) feet. If on a corner lot, two (2) monument signs not exceeding one hundred (100) square feet per sign for the total of all faces are permitted. Such monument signs shall not exceed a height of fifteen (15) feet. Freestanding signs shall be lighted during business hours only. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: the total area of all signs, graphics or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. C. Fuel price signs. Fuel price signs shall be included in the aggregate sign area, and shall he lifRited to thin-tyHG) square feet tetaz. 4. Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. 5 C. Signs permitted in downtown commercial and downtown commercial enterprise districts. The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) square feet for each foot of street frontage. The aggregate sign area for corner lots shall not exceed one (1) foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for multitenant buildings. a. wall sign. Each multitenant building may have one (1) identification wall sign for the building's identification for each street frontage. The sign shall not exceed a total of five (5) percent of the facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsection a. or the identification sign described in subsection c.i.b. of this section. b. Freestanding sign. Each building may have one (1) freestanding sign on each street frontage. The sign may not exceed fifteen (15) feet in height. The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet. multitenant freestanding signs shall not name or advertise the individual tenants of the building. 2. Identification signs for occupancies. Each occupant of a multitenant building shall be permitted two (2) wall signs. Such signs shall not exceed ten (10) percent of the facade of the individual business unit. Aggregate sign area shall not apply. 11 3. Identification signs for single -tenant building. a. Each building may have one (1) freestanding sign for each street frontage. The sign may not exceed a height of thirty (30) feet. The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet. b. Three (3) additional signs shall be permitted. All signs are subject to the aggregate sign area allowed. The total area of all signs, graphics or other types of signs shall not exceed ten (10) percent of the facade to which they are attached or on which they are displayed. D. Signs permitted in office district. 1. Generally. One (1) freestanding double-faced identification sign shall be permitted for each lot. The sign shall not exceed a maximum area of fifty (50) square feet for the total of all faces. No one (1) face shall exceed twenty-five (25) square feet. A freestanding sign shall not exceed a height of fifteen (15) feet and shall be unlighted or provided with indirect illumination. 2. Identification signs for buildings. One (1) identification sign shall be permitted for each principal building. The sign shall not exceed an area of five (5) percent of the facade to which it is attached, shall be attached flat against the building, shall not project above the eave of the roof or the top of the parapet, and shall be unlighted or iillumination. Such signs shall not provided with indirect advertise or name individual tenants of the building. 7 3. Identification signs for occupancies. Signs not exceeding a total of five (5) percent of the facade of the business unit to which they are attached shall be permitted for each occupancy in a multitenant building when the occupancy has outside frontage. E. Signs permitted in industrial districts. 1. Aggregate sign area. The aggregate sign area for lots in the MA and M1 districts shall not exceed one-half square foot for each foot of street frontage. The aggregate sign area for lots in the M2 and DLM districts shall not exceed three-fourths square foot for each foot of street frontage. The aggregate sign area for lots in the M3 district shall not exceed one (1) square foot for each foot of street frontage. In no case shall the aggregate sign area exceed one-half square foot for _. each foot of street frontage on a corner lot. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Identification signs for buildings. One (1) identification sign shall be permitted for each lot on each street frontage, which may be a freestanding sign or a wall sign. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. If the sign is a wall sign its size shall not exceed twenty (20) percent of the building facade. A freestanding sign shall not exceed a height of twenty (20) feet. The sign may be illuminated. b. Identification signs for occupancies. One (1) identification sign shall be permitted for each occupancy on each street frontage and shall be a wall sign. The maximum size of the sign shall be ten (10) percent of the building facade. This sign may be illuminated. If the identification sign permitted under subsection E.1.a. of this section is a wall sign, an additional wall sign may be permitted on a building facade not facing a street frontage. 2. Farm product identification signs. No permit is required, but the sign may not be located in the public right-of-way. F. Signs permitted in planned unit developments, special use combining districts and mobile home park districts and for conditional uses. All signs in planned unit developments, special use combining districts and mobile home parks and for conditional uses shall be incorporated as part of the developmental plan and approved with the developmental plan. Subsequent changes which conform to the adopted signing program may be granted by the planning director. G. Signs permitted in shopping centers. The aggregate sign area for each occupant of a shopping center shall not exceed twenty (20) percent of the front facade of the unit. Wall signs are permitted on each exterior wall of the individual business unit. A minimum of thirty (30) square feet shall be permitted for any occupancy. No combination of signs shall exceed ten (10) percent of the facade to which they are attached. If there is an attached canopy or overhang, a ten -square -foot sign may be attached to the canopy or overhang in addition to the other permitted signs. Such sign shall be at least eight (8) feet above any pedestrian walkway. 0 Section 2. 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. Section 3. Effective Date. This ordinance shall take effect and be in force thirty (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 day of PUBLISHED the day of 10 JIM WHITE, MAYOR I 61*xv 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. comsi gn. ord 11 (SEAL) BRENDA JACOBER, CITY CLERK KENT PLANNING COMMISSION MINUTES February 28, 1994 The meeting of the Kent Planning Commission was called to order by Chair Heineman at 7:00 PM on February 28, 1994 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Edward Heineman, Jr. Gwen Dahle Bob MacIssac Janette Nuss Russ Stringham PLANNING COMMISSION MEMBER ABSENT: Kenneth Dozier, excused (vacation) Christopher Grant Kent Morrill Raymond Ward PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Chris Holden, Recording Secretary APPROVAL OF NOVEMBER 8. 1993 MINUTES The MOTION and SECONDED was made to accept the November 8, 1993 minutes as presented. Motion CARRIED. OTHER COMMUNICATIONS Mr. Harris submitted two letters to Chair Heineman. The elections for Planning Commission Chair and Vice -Chair will be held after the public hearing. Mr. Harris informed the Commissioners that there is a City Council retreat planned for March 5 and March 6. Commissioner Dahle asked if a Commissioner's retreat will be held. Mr. Harris commented one could be planned. He asked if the Commissioners would like to have a representative from the Law Department come to a workshop and talk about quasi-judicial hearings and the conducting of meetings. The Commissioners requested Mr. Harris to arrange to have the Law Department come to a workshop. 1 Planning Commission Minutes February 28, 1994 PUBLIC HEARING: #ZCA-94-1 CONVENIENCE STORES/GASOLINE SALES SIGN CODE AMENDMENT (SECTION 15 06 050 B) Mr. Satterstrom, Planning Department, presented the staff report. He briefly reiterated the requested amendment. The Planning Commission previously heard this item in September 1993, and the sign code amendment was approved by the City Council under Ordinance #3142. Subsequently, the applicant, Barghausen Consulting Engineers, in a letter to the Planning Department, pointed out that the ordinance did not conform to their understanding of the Planning Commission's recommendation. The Law Department determined that the record is unclear and stated the sign code amendment would need to go back to the Planning Commission for action and recommendation to the City Council. The proposed changes to the sign code were attached as Exhibit A to the staff report. In addition a copy of Ordinance #3142 was attached to the staff report as Exhibit B. Staff recommends that the Planning Commission approve the requested sign code amendments as shown in Exhibit A. Mr. Satterstrom read into the record the two requested changes: 1. Section 15.06.050(B)(3) The aggregate sign area for any corner lot shall not exceed one (1) square foot for each foot of lot frontage and the aggregate sign area for any interior lot shall not exceed one and one-half square feet for each foot of lot frontage; and the permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 2. Section 15.06.050(B)(3)(c) Fuel price signs. Fuel price signs shall be included in the aggregate sign area. No public testimony was given. Chair Heineman closed the public hearing. It was MOVED and SECONDED to accept the recommended changes as shown in Exhibit A of the staff report. MOTION passed. OTHER BUSINESS Chair Heineman presented the Certificate Russ Stringham. 2 of Appointment to Planning Commission Minutes February 28, 1994 Chair Heineman read into the record the two memos regarding: A) Alcoholic Establishments B) Request to remove Commissioner Grant from Planning Commission ELECTIONS Chair Heineman stated that the election for Planning Commission Chair is now open. Commissioner Stringham felt elections should wait until more commissioners were present. However, Chair Heineman stated that he did not want to serve as Chair any longer and he wanted to have the elections held immediately. Chair Heineman called for nominations. There were two nominations: Gwen Dahle and Russ Stringham. A roll call vote was taken and Gwen Dahle was elected as Chair. Elections for Vice -Chair were called. Janette Nuss was nominated. There were no other nominations made. Janette Nuss was elected as Vice -Chair. Elections were closed. It was MOVED and SECONDED to adjourn the public hearing at 7:35 PM. MOTION CARRIED. Respectfully submitted, es r. Barris, ording secretary 3 C a:pcmin3.28 Kent City Council Meeting Date April 5 1994 Category Other Business 1. SUBJECT: MANGANESE TREATMENT PLANT 2. SUMMARY STATEMENT: It is the recommendation of the Public Works Committee that $154,000 be transferred from the Unencumbered Water Funds to the 212th/SR167 Water Supply & Treatment Facility Project Budget (W48). The need for this transfer is to complete the project so that the facility can be made operational., 3. EXHIBITS: Public Woks Minutes (3/14/94), excerpt from Public Works Minutes (6/2/9 ) and Public Works Director Memorandums 4. RECOMMENDED BY: Publ worxs t,Uiuu.L�1 == (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL PE ONNEL IMPACT: NO YES � vrclra T./p F.RRONNEL NOTE• Recommended Not Recommended RE EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: V Councilmember Q,yVh% move, Councilmemberseconds that $154,000 be transferred from the Unencumbered Water Funds to the 212th/SR167 Water Supply & Treatment Facility Project Budget (W48) for the completion of the project. AAX wo�Ao DISCUSSION: yr A ACTION: Council Agenda Item No. 4C Manganese Treatment Plant Wickstrom said there was a budget change in July of 1993 on this project because of our difficulties with the contractor. He -said we had the plant up and operating; the contractor still had punchlist items to complete and in so doing, the pump facilities is not operational at the moment, which we are trying to get operational for this summer. Wickstrom said that back in November we gave the contractor an ultimatum to finish it or get off the project, and finally it got to the point where we just had to get him off the job. Wickstrom said there are potential claims and liens from the subcontractors. He said in order to be in a position where they can file a claim and it can actually be addressed, we have to accept the project as complete. He said to do that, we have to finish off about $150,000 worth of work. He said we still have $114,000 in cash unincumbered funds but our attorneys are concerned that they will need that money for litigation in resolving the issues with the subcontractors. Wickstrom said the general contractor has said he is going to file a claim; he filed one and now he has new attorneys and we haven't seen anything happening yet. Wickstrom said at this point we just want to get the facility totally operational so we can get these claims from the subcontractors resolved. _Bennett said, going back to last July, his position at the time was that he felt it was too easy to take $300,000 out of an unincumbered fund to pay for something that should have been dealt with previous to that. Bennett wanted to know where we are today in terms of dollars. Wickstrom said we have $114,000 left of that $300,000 and we are holding $167,000 in retainage. Bennett said he has some concerns, one being that there was a flaw in either the specs or'selection of the contractor. Bennett said he is not one that believes just -because we have money somewhere, it should be used. He said he understands that most of the contracts come in within or below the engineers budget so. as a general rule of thumb, Public Works does a good job in managing contracts, however this one was probably a little more sophisticated than usual. Heydon discussed the change orders that have been approved on this project and stated they amount to 6.8% of the contract amount. He said from a change order standpoint, we are still less than 10% and the problem we have is with the contractor being very slow in completing the work. Bennett said the other issue is, because the general contractor has a problem, the subs are getting raked over the coals. Wickstrom said that in order for them to file their claim and take their legal action, we have to have the contract complete and take it to Council for acceptance. Wickstrom said there is $154,000 estimated work not completed and the bulk of that should have been covered under the contract, with the exception of about $54,000 related to the one well where we have the seal problem and sandy problem, 2 which we are still trying to address. Wickstrom said the rest of it should have been covered under his contract and our attorneys do not want to use the retainage or the funds that we still have because they want to reserve that money to resolve liens the subs will have and also, to resolve any other legal issues which may arise. Wickstrom said the things that we are trying to accomplish to a is, ttiona anet the roject pointo owhere wee cannt acceptkitpsoatheselsubs can file P their claims and liens. Bennett asked if the 6.8% change orders were the ones authorized or the ones the contractor requested. Heydon said the contractor requested many more than we authorized. Bennett agreed that in terms of the contract, 6.8% is small and is hardly worth spending time worrying about. Bennett said because of the need to finish the project, he is willing to support it however, he stated that it should not go under Council Consent calendar. Bennett said this shows the need for a Capital Facilities Manager or Projects Manager that works for the City to do the contracts. Wickstrom stated that in his 25 years with the City, this is the first contractor that we actually told to get off the job, essentially because he didn't complete his work. Wickstrom said that we have spent millions and millions of dollars over those 25 years. He said this is a complicated project to begin with and we followed the correct steps as far as having qualified engineers who were involved in the design however, we had a contractor that was apparently short on money. Committee unanimously recommended authorizing the transfer of $154,000 from the unencumbered water funds to the 212th/SR167 Water Supply & Treatment Facility Project Budget (W48) and that this item not be placed on Council Consent Calendar. Van Doren's Landing Way Street Vacation Funds Wickstrom said that in conjunction with the approval of the street vacation for Van Doren's Landing Way, we should receive about ly $148,000. He said we have several pedestrian sidewalk issues camel ups and thereforetwe with an accident on 112th, p He are proposing to widen the east half of the street to athffrom the explained that this would create a 6 paved"walking p school at 232nd to 240th. Wickstrom said the Mayor met with the principal, PTA members and neighborhood representatives and they were all receptive to the proposal. He said there is enough money in the sidewalk fund to do this. We have a project out to bid for approximately $200,000 with the commitment on 111th and over on Smith Street; this leaves us about $160,000 however, we have at least $300,000 - 400,000 of needs in the downtown area. He said if we had this money for sidewalks, specifically for sidewalk pedestrian improvements in the travelled areas towards schools, we could do both. He said the project on 112th is about $651Ooo but this would give us more money to spend on other sidewalks. 3 Excerpt from June 2 1993 Public Works Minutes Wickstrom said that this property is owned by the City in conjunction with developing Upper Garrison Creek Detention facility and lies adjacent to the City limits in the area of Valley Communication, north of James St. Wickstrom said this property lies outside the city limits and we want to annex it for municipal purposes to speed up the permit process. Committee unanimously agreed to recommend annexation of the 2.56 acres at 98th Ave & S. 231st. Street, upon completion of the SEPA process and with the assumption that a DNS would be issued. Barrier at James St & 94th Ave S. Jim White stated that per Wickstrom's memorandum advising that staff received a detailed presentation from the barrier company representative, he has no problem with the installation of the Dragnet Vehicle Arresting System, as requested. Committee unanimously recommended installation of the Dragnet Vehicle Arresting System at James St & 94th St. 212th St /SR 167 Wells & Treatment Facilit Wickstrom stated that this is our new wells and treatment facility and the project is anticipated to overrun its budget by approximately $300,000. Wickstrom said this is a $5,400,000 project; we went into it with only a 4% contingency when we started the project and up to this last couple of months we thought we would be within budget, but we are finding that there are three primary problems contributing to the overrun. First, we had to redevelop the wells; we developed them back in the early '80s. They were ready to go into operation but when the contractor installed the pumps and motors we started pumping a lot of sand and we had to pull the pumps and motors out and redevelop the wells. This involved a lot of down-time on the contract which meant more engineering time, plus more contractor work. Wickstrom stated that another reason is that the contractor has been very slow in completing this job; spending over a year since it was originally has resulted in more engineering scheduled for completion. This expense per overseeing the work. The third issue is that we are in litigation with the contractor. Wickstrom said that this could be a result of some financial problems that he is experiencing; we have received several Change Orders in the last couple of months and he has brought his lawyers into the project. As a result, we had to hire an outside lawyer which involves more money than we anticipated. Wickstrom said we have outside engineers on this job and now an outside -attorney. He noted we need to keep them aboard to insure that what we end up with is a good product and not spend Wickstrom stated that the next move is Uto mthan we ore ve as to to. he wants to pursue littion. tion. We do thecontractor 3 have punchlist items that the contractor is completing but we have had to use our attorney to get him to respond to get the plant in operation. Wickstrom stated that these dollar amounts do not indicate what the contractor is willing to settle for. Bennett said that he is uncomfortable with this. Wickstrom said that if we don't get into litigation, then this is probably what it would cost us were we to settle on equitable terms. In litigation, we would have expert witnesses and our attorney would have to go thru all the documents to bring himself up to speed on all the issues. Bennett again said he is uncomfortable with this because we have the $300,000 there. Bennett noted that from a citizens point of view it might be better served to reduce the water rates or allocate the money back to the citizens. Wickstrom explained that this money would cover some of the expenses that are yet to be incurred and we still have one well left to develop and we are looking at hiring another contractor to finish developing that well. This would cover those expenses, plus some money for contingency funds. Wickstrom explained that this would really just cover the ongoing costs until the contractor decides whether he is going to push full litigation. Brubaker stated that this is a very sophisticated and complicated project; we had a real problem with the sand in these wells and the biggest problem with the sand is that it was not a fault of the contractor. That gave the contractor a right to make a claim that every delay and every problem he had was due to the sand. Brubaker stated that he feels we will be sued and end up paying additional money. In response to Jim White's question, Wickstrom stated that the original contract for this project was $3.4 million. The $5 million is the total project cost which includes the engineering and prior development costs of the system. After further discussion, Wickstrom stated that we are trying to close this job and protect our investment. Committee voted 2-1 to authorize the transfer to $300,400.00 from the Uncumbered Water Funds to the 212th/SR167 Water supply and Treatment Facility Project Budget (W48). Interlocal Agreement - Flood Control Plan Wickstrom stated that one year ago we executed an agreement with Auburn and King County to develop a Flood Control Plan for the Auburn Mill Creek Basin. This agreement expires the end of this month and there is anticipated work yet to be done. This agreement is an addendum to the original agreement, essentially extending it for 18 months, and includes work associated with the 194 work plan. The cost to complete the existing work plus the 194 work program is approximately $140,000. All the money is presently available within that particular project fund which means there is no budget change. Wickstrom explained that the interest here is that we need 4 DEPARTMENT OF PUBLIC WORKS MARCH 14, 1994 TO: Public Works Committee FROM: Don Wickstrom Obi RE: Manganese Treatment Plant As requested by the Committee on February 28th, this item is being brought forward for further discussion and review. The issue here is the need to complete the project and have the facility operational. To do so will cost approximately $154,000 and our attorney's recommend that we not use remaining fund balance ($114,000) for same as that will be necessary to cover legal, engineering and contingencies costs associated with subcontractors and suppliers claims. Funding thereof would come from the unencumbered funds of the water fund. It should be noted that this is the second increase in the budget. Public Works Committee minutes and the supporting memo therefore are attached. ACTION: Authorize the transfer of $154,000 from the unencumbered water funds to the 212th/SR167 Water Supply & Treatment Facility Project Budget (W48) MEMORANDUM 1 DATE: February 25th, 1994 / TO: Public Works Committee FROM: Tim Heydon, Operations Manager ✓%�` THRU: Don Wickstrom, Public Works Director SUBJECT: Status of the Kent Manganese Treatment Plant While the Water Treatment Plant construction project is not complete, the plant did successfully operate last summer using two of the three wells. Water utility personnel are working diligently on trying to complete the project before this summer, especially given how dry this winter has been. The City of Kent is the first water utility in Western Washington to build a Manganese Treatment Plant on this scale. This plant enables us to meet new Federal requirements and even more important, to continue to provide our customers with high quality water while adding new wells to the system to keep up with the expanding demand: The design is a conservative one which is similar to what has been used successfully in other parts of the country. There are a number of other utilities in this region that also have problems with Manganese in their water, so there has been a great deal of interest in our plant, and, in fact, there are a number of other plants now in design or construction. The City of Kent can truly be proud of the lead we have taken in water quality. While the plant has been a success from an operational standpoint, it has not been a success from a construction contract point of view. The project started off with the contractor, Will Construction, asking to install equipment which we felt was inferior to the item specified. This was followed by the contractor asking for very high lling behindh markups on change orders, refusal to submit the specified bonding, and work faschedule. The project got more complex when it was found that the three existing wells that we assumed were fully developed turned out to have a lot of sand in the water. This slowed down portions of the project to some degree as well redevelopment took place. Even with this unexpected addition, change orders are still only 6.8% of the original contract amount of $3,132,961.94. Even before the construction was significantly complete,'the contractor was asking for large sures of money to cover 'office overhead" costs due to the fact that the project was not completed on time. Due to the fact that the City felt that most of the delays were due to the contractor's actions, we did not agree to the amount requested. The contractor then brought in an attorney. As a result, the City has had to hire an attorney who specializes in construction litigation in order to represent us. After much legal debate, the contractor finally completed the required plant operation test in mid- May of 1993. The City provided the contractor with a lengthy final punch list in early June (earlier deficiency lists to help reduce the size of the final punch list were largely ignored). As the work continued to slowly drag on, the City gave the contractor until November 5th, 1993 to complete all work. There were still over one hundred punch list items remaining after this date. Even though the City has paid the contractor for almost all the work, with the exception of the five percent retainage, I have gotten calls from six of the contractor's subs and suppliers indicating that they are due money, in some cases significant amounts. While I have a great deal of sympathy for their plight, the City is not legally in a position to help them until the project is closed out. DATE: February 25th, 1994 TO: Public Works Committee FROM: Tim Heydon, Operations Manager THRU: Don Wickstrom, Public Works Director SUBJECT: Status of the Kent Manganese Treatment Plant Page 2 of 2 Two hurdles remain to completing the project The first is that the punch list items and repairs to the 212th -1 well need to be completed. City Water employees have gotten quotes from contractors to complete the work. The amounts are approximately $50,000 for pump and well repairs (about one-half of this amount is non -contract City cost) and $92,000 for the remainder of the punch list items (most of this work is instrumentation, electrical, and painting). With tax, this adds up to approximately $154,000 which is very close to the $167,000 amount which the City is holding in retainage. The legal staff is working on the best approach for getting this work done as soon as possible so that the plant will be fully operational before the summer peak demand period. The second item which we are waiting for is the claim that the contractor has told us that he is going to submit. Without this claim, we have no way of knowing how much he feels he is due nor the reason for his damage request. Given the fact that the project has been significantly complete since May and the contractor has been off the project since early November, we had expected to hear from them on this claim long ago. The fact that the contractor changed attorneys in December of 1993 will undoubtedly slow this process down. We have no idea as to why they would change attorneys so late in the process. All we can do, at this point, is to wait for their claim. The total amount budgeted to the Manganese Plant Project to date is $5,357,521 of which there is a remaining unencumbered balance of $114,241. This amount is expected to be needed for legal and engineering costs associated with the expected Contractor's legal action, and for contingency funding. The City Attorney's office is recommending that the $154,000 of close out work be funded separately at this time, rather than out of the contingency account. This is due to the large number of existing and expected liens on the project from subcontractors and suppliers. It is expected that most of the close out work cost will eventually come out of retainage. Even with all the construction problems, I feel that the City will end up with an excellent facility that we can be proud of and which will provide many years of high quality water to the customers on the valley floor. TH/map A:ADM063 212TH STREET TREATMENT PLANT PUNCH LIST QUOTES INSTRUMENTATION: systems Interface Inc. Casne Engineering Inc - ELECTRICAL: Peak Electrical Services Omega Contractors INTRAC TRAINING• Ratelco Communication Services, Inc. MECHANICAL• Omega Contractors Pacific Crest construction Inc. Pilchuck Mechanical Inc. PAINTING• $ 53,646.44 $ 28,003.00* $ 20,300.00 $ 19,800.00* $ 450.00* $ 11,743.00 $ 18,855.00 $ 8,097.00* $ 26,267.00* Dunkin & Bush Inc. 35,730.00 Cascade Industries Northwest, Inc. $ 43,370.00 Atlas Applicators Co. LANDSCAPE:. West Coast Landscape & Development, Inc. $ 7,852.56* Rainbow's End Landscape Design & Maintenance $ 15,360.93 The Highridge Corporation 24,125.93 or Washington Grounds Management, Inc. $ 17,356.00 FENCING• Porter Fence & Automated Gates Bailey Fencing Quality Fence Builders *Recommended Contractor DC/clv/map A:WTR086 2/25/94 $ 1,490.00* $ 1,509.39 $ 1,950.00 $ 91,959.56 Tax 7,540.68 Total $ 99,500.24 212th Street Treatment Plant Repairs to the Pump and Well Redevelopment for 212th -1 Well Redevelopment $10,000 (100% City cost as this work was not part of the contract) Repair and Replace Pump and Motor $40,000 (Approximately 50% City cost for work not a part of the contract) S50,000 Tax 4,100 Total $54,100 TH/map A:ADM067 2/25/94 TO: FROM: RE: DEPARTMENT OF PUBLIC WORKS JUNE 21 1993 PUBLIC WORKS COMMITTEE DON WICKSTROM lU V 212TH/SR167 WELLS & TREATMENT FACILITY The City's new water treatment plant is now in service and will be providing high quality water during the peak summer months. However, the facility is not at a stage where the contract can be formally accepted as complete and there have been a number of unexpected problems which have added to the cost thereof. The final costs are estimated to be $5,357,521.12 or about $300,400.12 over the existing budget. While a budget change was approved when the contract was awarded, the contingency funds therein was only 4%. There are three primary reasons for the overrun. The first reason is that the three existing wells that feed this plant needed to be redeveloped due to a high amount of sand production. As a result, the pumps had to be pulled and the wells jetted. This process has been successful on two of the wells. The third well has a little additional work before it is ready for production. While the wells were developed at the time of their initial drilling (early 1980's) deterioration apparently occurred between then and now. As a result additional costs were incurred for work done by the contractor, additional Engineering and for project delay. The second reason is that the contractor has been slow in completing the project. This has resulted in higher Construction Engineering costs in order to watch after the work. The third reason is that the contractor has threatened legal action in order to get additional payment for the project. Since we do not feel that these requests are justified, we have retained outside legal counsel in order to help resolve this issue. At this point in time, the projected expense is only an estimate. The final cost will depend on actions taken by the contractor. 1 The additional $300,400.12 which is requested is projected to be spent as follows (rounded to the nearest $10,000): $100,000 Contractor services to redevelop the wells to minimize sand. $100,000 Engineering services for well redevelopment, over contract time, and legal support. $40,000 Outside legal counsel. $60,000 Contingency for remaining unknowns. I want to reiderate should litigation be the only means to close this project, than our final costs will be substantially higher than estimated herein. ACTION: Authorize the transfer of $300,400.00 from the Uncumbered Water Funds to the 212th/SR167 Water Supply and Treatment Facility Project Budget (W48). 2 Kent City Council Meeting Date April 5, 1994 Category Other Business 1. SUBJECT: SUBURBAN CITIES SSOCIATION APPOINTMENTS TO KING COUNTY ONAL OMMITTEES 2. SUMMARY STATEMENT: The Suburban Cities Association Board recommends adoption of a resolution relating to committee appointments by the Suburban Cities Association to the Regional Committees of the Metropolitan King County Council. I t'(len U) o s e �P (a� n e d �a.t Cow�*c Cew� „-64X4100'"" dao O b -4o"L f �-10 a,d� a -P P Swbu{ba.n C��t c S (des V� Qai 3Z i -k -k Q.w� 5�uc OL fC$O Wim'o�' C0MCA v1ne-5 la . hog VVIR -t L""-� 3. EXHIBITS: Resolution and attachments, letter and ma al from Suburban Cities Association 4. 5. RE RECOMMENDED By: — (Committee, Staff, Examiner, Commission, 5�ec.) FISCAL/PERSONNEL NOTE: EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: NO YES__ Not Recommended / 7. CITY COUNCIL ACTION: V0' rr Councilmember seconds Councilmember n5 move 9f, �-adoption of Reso tion No./ig-11 relating to Suburban Cities Association appointments to Regional Committees of the Metropolitan King County Council. DISCUSSION: ACTION: Council Agenda Item No. 4D RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to Suburban Cities Association appointments to the Regional Committees of the Metropolitan King County Council. WHEREAS, the City of Kent (the "City") is a member of the Suburban Cities Association ("SCA"), and has fully paid dues owing thereto for the year 1994; and WHEREAS, the SCA is a separate nonprofit corporation formed under the laws of the State of Washington, and is governed by its Articles of Incorporation and bylaws; and WHEREAS, all the cities and towns within King County, excluding Seattle and the newly incorporated city known as "Newport Hills" are currently members of SCA; and WHEREAS, one of the primary goals of the SCA, as set forth in the bylaws of the SCA, is to assist suburban cities by coordinating their activities in King County, including making appointments to intergovernmental committees on behalf of the SCA members; and WHEREAS, the Metropolitan King County Charter calls for the creation of three "regional committees," on which shall sit representatives of the suburban cities, the City of Seattle and the King County Council; and WHEREAS, these three regional committees are an integral part of the new regional government formed by the merger of King County and the Municipality of Metropolitan Seattle; and WHEREAS, representatives of the suburban cities, designated by the SCA, worked for over one year to negotiate the form of the new regional government that was ultimately submitted to, and approved by, the voters of King County; and WHEREAS, Section 270.20 of the Metropolitan King County Charter states that the membership on these three regional committees from suburban cities "shall be appointed in a manner agreed to by and among those cities and towns representing a majority of the population of such cities and towns"; and WHEREAS, the SCA Board, in a manner described by, and consistent with the bylaws of the SCA, has heretofore appointed the suburban cities representative to sit on the regional policy committees; and WHEREAS, the City is committed to the success of a truly regional government following the merger of King County and METRO; and WHEREAS, it is in the best interests of the City that the regional committees meet to address the policy issues before Metropolitan King County as envisioned by the voters of King County, that a truly regional government begin to operate within King County, that the SCA appointees to the regional committees be accepted without question, and that further delay in E conducting the business of the regional committees be avoided; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Ratification of Appointments to Regional Committees. The City hereby ratifies and affirms the appointments to the regional committees set forth in Attachment "A" hereto and incorporated herein by reference. Section 2. Ratification of Appointment Method. The City hereby ratifies and affirms the manner by which these appointments were previously made, specifically, by nomination of the SCA Board President and confirmation of the SCA Board, as prescribed in ARTICLE VII, Section 4 of the SCA Bylaws, all as confirmed by the correspondence from SCA set forth as Attachment B hereto and incorporated herein by reference. By this resolution, the City means and intends to agree to the manner of appointment of the suburban city representatives to the regional committees. The City further agrees that the representatives can be later changed by the SCA Board in a manner consistent with the Bylaws, as they may be amended. The City does not by this ratification suggest that any SCA appointments need be ratified by individual city resolution. Section 3. Ratification of SCA Bylaws. The City hereby ratifies and affirms the SCA Bylaws, previously approved by a vote of the general membership of the SCA, a copy of which Bylaws are attached to this resolution as Attachment C and incorporated herein by reference. 3 Passed at a regular meeting of the City Council Ofthed City of Kent, Washington this Y of Concurred in by the Mayor of the City of Kent, this day of , 1994. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, the day of , 1994. SCA. res (SEAL) BRENDA JACOBER, CITY CLERK 4 ATTACHMENT A SCA Appointments to the Metropolitan King County Regional Committees Regional Transit Committee Margot Blacker (Bellevue) Nona Ganz (Kirkland) Mary Gates (Federal Way) Rowan Hinds (Issaquah) Arun Jhaveri (Burien) Wally Rants (Tukwila) Clair Drosdick (Alternate, Normandy Park) Jon Johnson (Alternate, Kent) Regional Water Quality Committee Lucy DeYoung (Woodinville) Elliot Newman (Mercer Island) Tim Schlitzer (Renton) Shirley Thompson (SeaTac) Bob Davis (Alternate, Bothell) Georgia Zumdieck (Alternate, Bellevue) Regional Policy Committee Betty Aman (Algona) Pat Burns (Auburn) Chris Heaton (Bellevue) Rosemarie Ives (Redmond) Fred Jarrett (Mercer Island) Bob Stead (Federal Way) Earl Clymer (Alternate, Renton) Alan Kiest (Alternate, Lake Forest Park) ATTACHMENT B MEMORANDUM TO: All Mayors, Suburban Cities Association FM: Lynda Ring, Executive Director RE: SCA Board Approval of Regional Committee Appointments DATE: March 25, 1994 Attached to this memorandum is a true and correct copy of the approved minutes of the November 17, 1993 SCA Board Meeting at which SCA Board President Judy Woods moved approval of the slate of appointees.to represent the suburban cities on the three Metropolitan King County Regional Committees. This appointment and approval was made in the manner described by the SCA Bylaws, Article VII, Section 4. The Bylaws were approved at a meeting of the general membership of the SCA held September 11, 1991. The Bylaws, in the form attached hereto, are on file with the Secretary of State, as required by state law. Suburban Cities Association Board of Directors I'vlinures, November 17, 1993 Members Attending: Member Absent: Bob Koegner Dennis Scholl Fred Jarrett Rosemaries Ives Erselle Fade Betty Aman Judy Woods Earl Clymer Terry Lukens Elliot Newman Chris Heaton Bob Stead I. Tile meetng was called to order by President Judy Woods at 5:15 pm, Tree ruin jtes of the previous meeting were approved as written. 2. The Sub -Committee to review appointment to the Metropolitan King County CQtxnCil Regional Committces presented its report. Alternates will be considered tixll members of our caucL:s. The only difference is that the alternate will not vote unless asked to reri,A another- „qtr by z caucus chair. Gender, city si7r anri city loca-6-on Aram Cv� d-�-td -n yy EPr0:= ilii 1:i VKSs. Discussion followed. T- p---s;b y appointments:sera tin lOo,aj at in the '.--CCA- wniCn`t Of appoinfi..n""S to the PERC, RTA, and d; e ti1:I^C. it wi' OC nL,�ces5 rJ ++ LV SGIne members LO wi':C �1 �wV2ic l po'i-it0rl 5v t`..8.. "-Lh-':C is flow of ialiOa�aiiOA, A Morion was made and seconded to confirmed the appointments made by President Woods, The Motion passed unanimously, 3. League of Women Voters le ter was discussed. The Board decided to draft a letter expressing our understanding of the League's concern: the changing: the chanrping 1-01. of the .ern; Lhe SCA's desire to be responsive: and a chance in Board policy which will author« the Bo? u to anprove to post the agenda gq that interested ri'�' i J ':.te officials before the meeting date. _ 4. Toe Legislative Priorities were approved. They will be preserved to ldeaslators at our December 8, 193 meeting. Next Board Meeting 5:00 pm, December 3, 1993 Meydenbauer Center Jarmary Meeting January 19, 1993 i_ocation to be announced Attachment 'C' SUBURBAN CITIES ASSOCL-.TION BY-LAi�'S The SUBURBA-N C iir.S ?.SSOCLATION OF '"1N `G COUN 7', as constituted by is articles OI incorpora ion and by-laws, exists Ior Lie benefit of all rntmoer cities and towns. Accordingiy, the .Association will endeavor to achieve its or2Lriiza ia::ai eoals, as outlined iiri Section II OI its by-laws, by a"der' n° the fOilowLZg acLicrs. The- •'SSociaiion will: work t0 acnieVe I S goals L}iroUQll COnS'nSL•S DLilding empliaSiZe t"1' S::__,:tg of Iesearcn a:id !.n.IOiiva.on be'-r'een member Cares ar:C towns to Lnprove u:e qualiry OI decision-:uakimg Ior IS esC d: 0II1C121S eP.COLrage ur0ader pc cioa:lon In �e deveiGo ent OI SSCC22C On ISS OS. SolllCOns, and u__0!O IlenL"-T_OII E e lsu_re u1aC L`ie A_ssociation'S decision-m?hing auLho--.v is vestp-Q with i .e Ori=ni7-,,ic.n as a whole ensu [h Lne Associa_on's Board OI Directory s IeDreC' '?tive OI Lie Qilere::L Sized cites and to,- S wit C 1 COM iDP.se AssociaUOn rues ?rSiiD provide Liar Lhe .=SSCCiaiiOn's Boa -rd OI DD rectors C? comb=.S,'Q OI b0 1 mayors c_ Q councEmam..0-ars provide t :aL L -ie Board OI DirecLcr's cotnpositOn reC!eCt a 2e0=rat)ric?i oL,ance for iLs men%e.- Cites 2-nd [Owns arid, to Lie exi nC rossioie, —at zfe repreSen_'i0n from a s;: -isle city or :own to one DL-ec:or. it is antBcipaCed L of aL me.:_czr cites and tow -is wL receive nC^__cadon oI ASso•C:atOn mee(11_�S; however, only Cies and towns which have paid their Association dues will be a- owed to vote. Orily officials Isom memxr Cities and towns which have paid L.nie`.- Association dues wit be apoointed to serve as Suburban CtLeS Assc{ia'ion represenLantives Lo duasi-government and inter-gove=ent committees. ARTICLE I - N.LME Tne name of the orsarnizaion shall be the SU -3i- L-19,3AN C1iIES ASSOCLAiION OF KR G COUN-7f. The re C1 off ce of the association sha i b� the 2dc ess of file individual who annually is eleced President of Che Association or, if Lhe Association proves the stiff proposal, the registered office of C -ie Association shall be Line s=.ffice. ARTICLE H - PURPOSE Secdcn 1. The purposv of the SUBL)-R.BA.,N CF—HES ASSOCLAiION OF KDG COUN-TY shall be: to discuss common problems and conc--:7s among member cines and towns and related jurisdictions; to cbca;n Lyreater underst_:di,-ig and coordination o efforts among Cities and towns; to inc eisz i` e knowledge of rnu iicipal, county, and ASsOCiaLOn OL Washin°(or, C'ties a_'I SLS prggla Ta :q COrC'L'ic'.^.C' Of a l )0' Oi V (ie ,Tierncl'-r C:I'1es cr10 tc%vnS, �C: =S S '0\�S'=1 iGi L:'_ Suburban Ci -_Cs SSOC:=i1C(1 :Il re�:Onal Lfta_-S and 01'C ; �:5 SS:O^S _1 { C g County and/or other zffecied regional agencies. Secilnn 2. The Suburban Cites ASSOCiaCion Still 'Ce cons-:cted as a n0n-D70:7 corporation In accordance wiLn Chapter 2"--..03 RCW (`vaSnLngtOn �'On PrOi:t CorporationAct). ARTICLE M - v1EN BERSHIP SZCt;nn I - Mernher.s. Men bership in the Suburb`s Citizs A sSCti:aC'On Si:a!1 Oe Open i all circles and towns in King County having a populaLOn less l �O,u00. tie-_be:S Shat be those qual;r=ed ciEiEs and towns `:ii'Ch have paid' a-c:u?1 U—S a_:d SpeCi ' assessments. tiiembersiiip shail be in the na : e Of isle c:r-f Oi Sen -inn 2 -Other Parici :` _`. 0i116a1S from other-207EMi 7�e-'ts Or aHencitS nav Ge invii.ed to anend meeCin4S, but dnese goVtrLT:enC_l a2?nCies saV1 nio: be CLa ; fed fCi membersii p and shz not havz a vote. .'RTICLE IV - DT-=, ne `n^ICai dues Oi dne Suburban CiLeS .A SSOC:- I Siiail def_'. ='Lied vv tie Oaf Oi or• Dir :ors w'it1 approval of l.t n-1 the enri-e.ship. T r I'n 'It ;'? The d_ s wL _ a �rj n �' b � o:. !e o:_:c:-i poouiauco figure Or eaCh CTEV and EOWrl c5 viOVi�td pV Che J_' C' C2 GC -:an -:a1 'ianastr enc (0F.-lyi). c'Or pL' Dc-sZS 0: Lie dues, Lr,-- o0pi1a-10r_ _tints"^il"v 'RTICLE V - NfEETLNGS Seciion I - Re°ula- McLi0U- ine SUbLRBati C=S .A.SSOCI.=. LON OP COU i1Y shat meet monthly at a time and location with -L i�ng.Cou-nry as desisnaEzd by the President of the Associa-lon. Sectinn o - S,necial Vteetinc . Special meetings of the Assoc -,tion may to held on tine tali of the President, or byrequests from three (3) member cites. W ir?n notice of a special meeting shall '-N-provided to member cities at least (3) days pnpr o sly SUCK meet ne. However, in an extraordinary or emergent•: sit, -alien. Ile Presideni snail have d -re option of notifying cities of a special meeting by tzleohor,e ant/or facsimile L=srlliision. Section 3 - Rules of (Iden. Robert's Rules of Order shall apply at any rneedng of dne 'ssociation where parii mentaq rules or prC•ceciures a -:e involved. ARTICLE VI - VOTIr`iG/QUORUiIS Stctinn 1 - Vntimi. Only elected officials from member cities or towns whose dues a-nd assess menLs have beta paid may vote on issues. :v City or elected oitici t °hL'd representing a cualii,eq r%ember city' Or [own. may rell quest a roCall OC V.'ei VO 'S. CiiV%C'i iG',;'ii _I is C'�':. C i.... ,'G:_'. C. fC .•��n :� J__sCj r C;:S chan 1,000 p0oUl2LO1 "v:11e2C1 n2','e one vct'--. voi2s Croimi 2 im,ernp2r C:iV � e iS-•ta ::rust be �•e caSi On ane s�:. sie: Gd Seciinn 2 - nunrum. To constitute a quorum, .or une C=2.^.S�'.L Cort Qi business aC -s2 u C: or regular meeting Ot trle ASSOC?anon, it s%moi be nzCzSSaly to have a vote cast by f- r Ieast forty (°0) percznL of the ?.SSoc ali i'S CU' it ed elecL.d repre�.ntadvzs from a. . member cities and towns. ARTICLE VII - OFFICERS AND TERMS S'^rinn I Off cere and `lectin%C. Tine ff.cefs of Cne Suburt -1 Ciuil-s ?SS. ::'_r'G': Shell CORSisi Cf Lne PreSidenC, Vice President,^.d S'C: `?�}'/ lie s Ier. Teri'':s or ofi±ce Sh211 be 1--r Give (l) Vea_. lfie O..iczrs S-;.il be elzC"-ed 2t i.ine VIaV meerins Gi C':z ?SS0C1aC Oi: d will CG='menCz S irip..2 Lhe'_ ?r S or OLi'_Ce elieCL Ve 1UP.e 1. O v elec d ofi=ciais or oualif!ed member titles and towns of the ?ssccaagn s :. �l be eligible CO hold Cfiice, and Lnere Shall b? not :=Ora L -i t.-1 One OiL'Ce: irCC cry Ocie C:ry Cr Sec lOn LniT:'nai OnS for nf.1Cz. Not IzSS urian Oae nOn Lri prior to Cine May i=ezLL.,2, :e 1 eSldenC Si: Li aooOli:L 2 0 vL'2CLZ4 Co=�liC?e or CR ez (3) Cali presidents L O- Member Cities or Co-t;nS. !nz NOmiriau-12 COr In!C_'e Si:Z Dreend D12Cz L: nomination aC Lnz �IaY l,:eei n=, 2 512-? OI c :C!CaL---s .Or o%ice i01' A d.itiCnall r:G:_SiaCiOnS may C ;_,2Cz iiQ= c:z C!OOr 2t Ci'ie IVSaY C='ezur:g. S'Ct1On - V"cC=�C1eS- VcC nCiZS t.1 Lh- DOSi''-.On S OI OiliCerS Q LZ ? SSOC'?LOIl may filled by 2 vote OI Lhe 3Garo of DuecCOrs. .-. Con-=-a'_On v0iz 'r'L r2D'?'uz0 at L:z IOLOwu-1Q SLI* -i Ci-- ?SSC =a'_C❑ CLOeC':=. _ MCC. :i1:zS2uC:D" ies Ciues OI Lne 0 Snail �: Pre.sideni - ! ne PizS:dznC, 20nQ wiLn ice Board of DL, czors, wL1 enst_-e Lnz imolement. tion of DOi!Ches adODL. d Dy the Suburban Cities Association; w'!i preside at regular c_nid Sp?Ci21 mezLngS Of Ifie A so-ciaC•on and Cyte Bo—aid Ci Directors; will detnrraLne L`:e location and agenda for each meztL-ig; will Cre2(' sDecia1 CommiC.eeS as neCes&ax-y; will appoint represent -eves t0 S[�nCing, CL2Si- gove=ental and ince-rgoveciiriierltal comraicteeS and special comminees, with aooroval of the Board of DLnLctors; will approve and sign resoiuLions passed by the Asscriation; will L_re such actions on behalf of the ?sscciatlon as may t? dSec'tzd by a Vote OI LRB mEmDershiD at regLiar or special meztLngs. Ln the event OI a tie, Lne PreSident may Cast the deChdLrlg voUr. Up'Gn corn C'le" — 0f llis 0r her terra 0f 0-.: , he President will automatically s.�rve a second year on the Board of Direczm as Past -President. In the event of the President's resignation, the Vice -President will fail Llne. balance of the President's t`Fn. Vice-Fre.sident - The Vice-Fresident will act L -i the absence of the President., pe!for-nLng the dudes of fiat office, grid will serve as the chair of the Legislarive Committee. D'iiC'JS is :i: _-_hcs regular a^d S^2CiLi ^.2 _S a _ V e rt• D, a L•nelV nLni',2r i'J ,;:..rS, 2rt�: ii:?i rc: 4::-�'cL'0':_ _tai S:'Cil 2��C ...__ 2Cei.�'ed; '.gill overS'e genen. s t•',': Cine ":Osi c:.... _Ji suc r:2eL'n�S: overs -2e annl al b.iili .a for dues artd a.':y Speci2l a-SSz.Ss -2niS to Lie M=.D2rs Lne .A.ssocia(IOn; +ill D2 reSDOnsible for use deposi[ Of Mcii 2s into a C':eCi account establis ,ed for tie Suburban CL2s SSCC12LOn; wl c f Sc2 disbursements for -Assocl LiOtl eXpend;[ures; ar c will n :e ani an, nLt2 r20Oi 2-S iD the st2tus of Lhe treasury of the Associnion at Ch.- Ma :ileeLncy. 1 I- rinanc duces of the Secretary/—Ireasurer shat be subiecl [o audi[ annu2lly by C ..n!•n •i i�.'.2 WnOC', aUdi[ Si:'!1 De at�Cned [0 Corer :.. _ _1 l annual r --Don to r:e AssOChar!On- c S-Ltl sz.-,' q'Ct'nn > Connenc2[ICn. Officers CLL: S_OCia_='1 -:C'-: en _C•r:. CO:�D S2 ARTICLE = - BOARD OF DUU-7CT0RS s"'rion 1 - Nfe-TDers%:n. Tne B02 d Or D_2CiOIS sn`il be CC-'DiiS2d Gf Lne rOLOw_ L•ir'?en recres2ntariveS. �r �' "reSiCeni, V1Ce-PreSiC2rh I, li_2.. OffiC...S: 2. Lranedia�' Psi-Presid2n[ - T nree P:zsidz. -i a000_,Les selec:zd nor D TILe2 C2arzc n a_ve(s) _rO A a sn aii Clij aIId [Own, Se!eC d Dy C2uCl S OI .2 snail cites a:- d towns for a Dae y22r ie �. FOL r2DreS�nt LV2S T"O l ZeClu n C:_'_S S2iec:2d �v CauCL'S irOrII _,e -eG'L' si=ed Ci-:eS for or:2-ye2r L:-=-- s _. l tree 20.20 n a veS iib large C:�2S S21eC"'d Dy ca-CIIS iCG:_ lire iL T'e Of-cerS .''C1id;rl� :2 P° [ P.2Sld2r-I[ Cf SLSl1tZZ5.-� Cii=S .=.SSCCL�1!O\ �'_ �''G COlJ' lY w'� 'ue COun zC 11 e pODul° _.On C'r .2'r Ciiy' =^•C Ce:C:2 L:2 CallCL'S S'12CS 1'. "2n=i^- ° reorzs2 =i ! ne L r22 �.SSCC:aLOri s Dr2SiCe -- aDDoLnEees Snail not be conn[ -d L CC e r pODu12L0n ca'?g0i r. ?: SnaJl C: -,.v Or (own Si: ll be a Ci[y or tOw'ii with a DOpulaLic. undzr 0,000 c:ri GS- •� nediura city shall be a city with a pooulaticn of 20,000 to ^9,999 chdzens. A i`ge c: ; shL-Ll be a City wltl a pODulaiion OI 50,000 Or more Cidzns. PODu!aUor, figures i0r, each CTCV u d (Own w'll �e derived a unuaTly f:o �'3'? O==:Ce of FL1arCi21 '_anaQPMen[ (01 M) cz^sus da''- S'ctlnn 2 _ Caucns yrnnincmenLS. Srilall, nediun, and large Cii_'2s shall Se1eCC Own representatives to die-Boa_d of DuectOrs. Sucil SelecdOnS S.^.a'i be' comnplet--d D"', 2--ld becorue effectve, lune i. Each Board nenbership s"11 be for a ane -year .». Vacancies which occur during a Board ne.uber's tern Of OF c. shall b-2 tilled br e caucus Lon which the Board nenber was originally seleC'_'..d. T LI CPree Officers and L?2 Iffinedia�? Pasf-Pneslden.( Si1?11 be llncluded Lrl rhelr respacLVe p00ular on C2t'gC �. Tile President's apeointees are not included in -the population: catzgories. C�rti�n - Cnnnencat�n. �fe Lbers of tine Bo2.rd of Directors of Lhe �scciaion s`:� i ,�zr'i e w1 ROL'C COnp?nS_LOn. ARTICLE IZ �IEETL�GS OF Ti E 5O Or D CTO RS n, c d C one 'c[ cr B ,cines. Tne BC`d of Directors, 1U µjijl tf:e �reSidenC, �+'lli ensure t -1e iC%plemenLtiOn C'i D011C1eS auODteG DV i:,e Sl'.OurO:=: CIC eS rSSCCi2fi0n. Tne Board Oi' Directors wtil CO":iu , all a�pOL]L :enS recommended by the President. The L�uee Presidential appointees shall be cont} : ed by the balance of [he Board of DLrectors. To the extent possible, all matters of business Co be considered by the Association shal fine be brought to LRe Board of Directors for discussion and recommendation to the=ssoc:ztion. Board of Directcr 's meetings w;-], be held on a :::ontrlly Cr- as -needed basis. 'Ci+n1 CV0. -r 2CC1 , emo-er Ot [ne Board of DSemrs s:i2!i have one vo[2. T:ie P SldenC shy YO[e Oitly LR Cam' Oi a tie. - l i1 cl acr_ions t: -k n Dy trna Boa O Ci ][=eCCOrS '1 C 1 Gua [0 Lie COnSuau-!LS C?f1110C be DrOuSnC CZ:Ore [P.0 .'SSOC,2'_''On IC: ILSi✓ 210%iy VC e OI BOa o. LCO�2 S�Ct on i - n ,0 C 1. OrCz-r i0r 'u`!e BOaSd OC D�2CtOrs t0 I_'- aCLCEl O 1 :SSue, S 1211 be neCeSS�y IO h2ve 2 OLor-Lrn Of Che Board oI Directors. A quoru n OI t1e BOL: Oi DLreCiOrS S .� Ge a majo-: Oi L e tOi a) BO"u0 ,uempersnlp. ARTICLE X - EXECti ITV E CO�L`fI i I`E I t e E.;eCuwe CDmm! to Sha it CpnSISC oI Lie c'u:_erii Subaban C:[';ASSCCia :011 Oi:ic°fs 2:d wi l De e11p0'wered, LR re e:'enC OI �R e,uergency, CO [Zt"e aC[.ion G'iL1.oL the apprOVL Ofi �:e BOad oI DliecCors Or t^e fu+� :tee DerS""�' emergency action 1_s detLRed as a- �.�[_"^ ice .here, beC2L'Se Of t ne COnS '—I 1-, Lie BOa=d Or D'u`eCCOrS C1:11 -101C? CO'!v'-neoe cagy OC DLeCiOrS -:d use ASSOCia10n s-nil'Ce n0['-I'_�'n— ZS Scor). as pC SiDIe OI Cn L :_-..C'' arnOP.. RTICLE XI - APPROVAL AtiD NEN�D-NIEN`*T OF BY-LAiYS Tne By-laws of i,e SUBL---�BAN CITIES ASSOCLkiION OF :CSG COU-,+iY may c'e a --ended uooa a ajority vote ei the r,em�r c:,_+es end towns whose a -'ua1 dyes ant S eCi?1 oe nnderiC Sia o. y pop aSL'Ss�nCS navebLie Asso-ciai_11 �e maiied to Cie member cities Re [owns at least twency ('_'0) days piLr:cr to e F–' e, at whlc:: [;:e vote on such oroposzd arnendment(s) is to be ta'sen. In [he 'nstar'ce or aay c DUfor a �e giber city or town, or an elec ed Official from a member city or cow:., w'e:ahted voce s out ned LR r. icle Vi, Section 1 of tide By-laws. ARTICLE XII - DISSOLUTION Tae SLT3LR3AN C IItS ASSOCLkT!ON OF kLN-G COU -IY tmay dissolve and conciude its affain in the Ioliowi.ng m -::'ler: L, a regular or special meeting, the Board of Directors shall adopt a resolution in accord-Rce With. Chapter 2Y.03 RCW (Washington Mon-proflt Corporation Ac') recommending that the ssociation be dissolved and directing Chat the euestion of dissolution be put to a vote of dze en+ire votLRg membership. Advance written no of such a mee'�R° shz�l be provided for all memoer cit es and towns. A resolution t0 disscive the Asscci2Eon sn.._:_ b,, adoeL-d upon rZCC;vLr12 at leasi nvc-L`LLr OI LRe �'OC Rg r7e(lC r C1C eS nd i0 µ'RS. Snould OSSOIULc•i: CCc I'.i, L`:e 'SSeS cf the SRL'1 be d;S-:jLL2d CO f]e Ti DCr C;LeS zrd COw'f S L1 2 07"21a ;Ge ! c21 f0 if ci !R �'I 1C:1 .SSS :aC C ^U?S a:, ?SSZSS C. r 1:91. P:.SSED ? N -D . pPROVED ti:is day Ot SUbUP,F�N CITIES �SSOCLATION OF IMNTG COUNTY Preside l Secret-y�re:surer 10 .�rbail Q�-es. `4sso is a W'�' Suburban Cities Association of King County, Washington Dr. Lynda Ring Executive Director To: All Mayors City Clerks ALGONA Intergovernmental Managers AUBURN From: Linda Ring BEAUX ARTS suburban Cities Association Executive BELLEVUE Director BLACK DIAMOND Subject: King County Councilmember Kent Pullen's BOTHELL Letter on Suburban Cities Association Appointments BL'RIEN CARNATION Date: March 24, 1994 CLYDE HILL By now your City should have received a copy DES MOINES of Suburban Cities Association President Judy Woods letter to Council Chairman Kent Pullen which DU.%ALL describes the Association's response. ENUMCLAW In this packet is information we hope will be 9FDERALAGAY helpful to your City in preparing its response. HUNTS POINT Included is (a) SCA Press Release (b) Sample ISSAQUAH Resolution for your City to adopt (c) Sample cover letter (d) Copy of By-laws (e) Copy of newspaper EENT coverage. KIRKLAND It would be helpful if cities could adopt the LAKE FOREST PARI; resolution as soon as possible so that the MEDINA Regional Committees can schedule their meetings. If you would like an SCA representative at your MERCER ISLAND council meeting please call the office at 236-7676 MILTON and we will make the necessary arrangements. NORMANDY PARK NORTH BEND PACIFIC REDMOND RENTON SEA TAC SKYKO�IISH SNOQCALMIE TUKW1LA )ODINVILLE YARROW POINT 9611 S.E. 36t1i Street • Mercer Island. NVA q8()40-3-32 1-800-266-1418 • (206) 236-766 • FAX (206) 236-3588 • SCAN 4-0--6-6 �btrbanCues Suburban Cities Association of king Counn-, \Washington `1Ssocia iolti Dr. Lynda Ring Exccutice Dirccwr ALGO`A March 24, 1994 AUBURN ISFAUX ARTS BEi.LE%TE n1_aCK DI.01OND Kent Pullen, Chair BOTHELL Metropolitan King County Council Room 1200, King County Courthouse BI:RIEN 516 Third Avenue `AR.'� TIION Seattle, WA 98104-3272 CLYDE HILL Re: Regional Committees of Metropolitan King County Council DFS WINES Ul.'VALL Dear Chair Pullen: E\L?ICLAW FEDER+L \NAY Thank you for your letter of March 18, 1994 that raises two "technical housekeeping" issues with regard to the implementation of the regional HINT, POINT ISSAQLAH Committees. KENT to ensure that the regional committees are fully operational as KIRKL .ND We too are eager soon as possible; however, we do not understand the substantive basis for the have raised regarding the Suburban Cities Association's appointment L\KE FOREST PARI: concerns you of its committee members. We trust that the following explanation of the MEDINA Association's authority to make appointments and the manner in which those MERCER IM\.\U were made will provide a satisfactory response tothose concerns. appointments MILTON PARK 1. Alternate members. The use of alternate members is a generally recognized and NORMANDY time-honored necessity to government committees, whether those committees be NORTH BUND policy-making or purely advisory. The concern you raise is that alternates are not P:�c.11 ". specifically authorized in the charter. We believe that the absence of specific REDNIOND authorization does not act as a prohibition to the use of alternates. We would impliedly authorizes the use of contend that the authorization for the committees RENTON that unless specifically prohibited, alternates are, through general se\ Tac. alternates and custom and usage, permissible. SKYKI NW,1I SN001 AI.?IIE - The charter provisions dictate who may make appointments to the Council but do not dictate the manner in which those appointments must be TI:K%%IL\ committees made. The Suburban Cities Association has chosen to provide for alternates to the \v()oDI\%II, E Y:\IIPOINT 9611 S.E. 36th Street • Mercer Island. AWA 95010-;-3-' 1-300-266-1-i15 • (2o6) 2;&-6-6 • F. -LC (2O6) 236-3555 • SCAN -i-o--6-6 Kent Pullen, Chair March 24, 1994 Page 2 committees in order to facilitate to the greatest extent that the committees will truly engage in participatory government. This is particularly important to facilitate full participation by part-time elected officials who hold other full-time jobs. The absence of the Association's primary appointment should not act to defeat the regional representation approved and required by the electorate in creating the Metropolitan King County Council. Suburban Cities Association would have no objection to the County also appointing alternate members to these committees. We believe that the manner of making committee appointments is solely within the discretion of the Association and that the use of alternates is the best way of assuring that the committees are viable forums for discussing and resolving regional issues. 2. Appointments by Suburban Cities Association. Suburban Cities Association is a separate non- profit corporation. All cities and towns within King County, except Seattle, are members of the Association. All members of the Association are current in their dues and are eligible to vote on all matters of general concern to the Association. The Association is governed through its articles of incorporation and by-laws. The Association's by-laws were approved by the general membership at a meeting held on September 11, 1991, pursuant to proper notice to all members. Section 4 of Article VII of the Association's by-laws authorizes the President of the Association to "appoint representatives to standing, quasi -governmental and intergovernmental committees and special committees, with approval of the Board of Directors." Consistent with this authority, the President of the Association made the Association's appointments to the Council committees and those appointments were approved by the Association's Board of Directors at a board meeting held November 17, 1993. We believe that the procedure followed by the Association in making its appointments fully complies with the letter and intent of the applicable County charter provision and with the County's implementing ordinance. Ratification by the general membership or individually by members representing fifty percent (50%) of the membership by population is neither required nor necessary to validate the appointments. We can find nothing in your letter which dissuades us from this view. Further, we question the County's authority to unilaterally cancel meetings of any of the three (3) regional committees. We believe meetings should be cancelled only after consultation with and agreement by the Suburban Cities Association and City of Seattle representatives. Although we disagree with your conclusions concerning the propriety of the Association's committee appointments, we do not believe the interests of our members or the interests of the general public will be best served by taking an adversarial position on this issue. The Kent Pullen, Chair March 24, 1994 Page 3 Association's only objective at this point is to get the committees up and operating in the manner envisioned by all participants in the Metro/King County governance summit process. We trust that is also the Council's objective. In furtherance of this goal, subject to approval of the Association's Board of Directors, we are preparing model resolutions ratifying the Association's committee appointments for suburban cities and towns to adopt. Suburban Cities Association accepts your invitation to discuss these issues with you further and will be contacting your office to set up a meeting date. If you have any questions, please contact our Executive Director, Lynda Ring, at 236-7676. Very truly yours, -Q , udy Woods, President Board of Directors Suburban Cities Association cc: Honorable Norm Rice, Mayor, City of Seattle Seattle City Councilmembers S.C.A. Mayors and Councilmembers S.C.A. Officers and Boardmembers SAMPLE COVER LETTER The Honorable Kent Pullen Chair, King County Council King County Courthouse Seattle, WA Dear Councilman Pullen: The pupose of this correspondence is to transmit resolution from the City of , relating to appointments of the Suburban Cities Association. However, we would like to express our concern that this process was even necessary. We are also disappointed that Regional Policy Committee meetings were canceled and ask that they be rescheduled immediately. Sincerely, Mayor City i Suburban, O 1CialS Fickle W( com lain of p bemg keptoff olip cybody Seattle �� Times East STEPHEN East bureau CLUTTER - "Anything we do, and we're "Anything some fairly sensitive stuff, "In 'a move that has irked subur- could be legally challenged in the bap leaders from Bellevue to Kent,,courts," Hague said. "It may sound Jo the Metropolitan ng County supercautious, but we have to take { .Council has blocked suburban offi this step." j j.:.rials from sitting on three commit- . Lukens, an attorney, doesn't tees designed to give them a voice think so. in regional issues. "All we do is'make recommen- "It's a question of power," corn- dations to the council: They take plairred Bellevue City `Council the votes, Lukens said. "To sug- ,:._member Terry Lukens yesterday. ' .gest somehow that the. a :7'o have the process derailed like ments to the regional comm tttt es this is a disservice to the people and are invalid boggles the mind." to good government." Jim Brewer, the council's attor- The cornu ttees, which include ney, sees it differently. The region- representatives- named by the city al committees, Brewer contends, ......Of Seattle and the suburban cities, are not merely advisory panels but were a majorfactorin an agreement are "part of the legislative process j( that led to.the voter -approved King . for adopting ordinances and region County -Metro merger. The three panels — transit� Policies and plans.„ It takes a vote ; of eight of the 13 County Council water -quality . and other regional members to reject or amend poli - issues —were to give city leaders a cies recommended by the panels. measure of clout. So far, though, the committees ,� •,� But Kent Pullen, who chairs the have had little to do with policy or j :,,County Council, recently chal- lenged the members' eligibility as The new government has been representatives. There's no proof;in place nearly four months, and so Pullen said, the committee mem- far the regional -policy committee bers are acting on behalf of their: has met only twice. The water - "The cities. quality committee canceled both of "The cities do not; appear to its scheduled meetings. The tran- have formally ratified. the appoint- sit -committee has held two meet- ments,” he noted in a letter to the ings but has not been allowed in on The Seattle slQ+line, v. suturban association. discussions about the controversy the area iiiamatterof Pullen suggested : the cities over revisiting the oid Metro Coun- . :could resolve the issue quickly by. cil's.. decision to buy a fleet of passing resolutions ratifying and natural-gas buses. confirming the appointments: "That's horse ' � Lynda �8, executive director .v„ _Fred Jarrett, a Merc& Islynd tea. said the -Suburban Cities Association, Turf thinks the county is trying Oman named to the rekional-is- to stall the regional committees so es sues committee. "I leaves delaying it's. a, it can exert its own control. Ying tactic, he said, adding that "If they can find some way to ' the method of .a Ppointment had keep us away from the table, they been y� m been "clear for three years" and will act in our absence," Ring said. u 11160 that the county, had never raised Jarrett said the 1 - concerns before. :Jane Hague, who chairs the su urbanassoc>- ation's executives would meet soon Juanita: aI re.- ^gional-issues committee, canceled "Al;,a meeting set for .. to discuss the matter. It's likely they'll do what Pullen suggested tomorrow. Hague, a former Bellevue City and have each'city officially ratify its committee Errr Seams ;Council member elected to the County Council last representatives. "We'll go through the process est bureau Year, defended the county's stance. Unless the appointment issue just so we can get off the dime," Jarrett said. "But this is just JUANITA — Turning lakefront of t Prop is resolved, she ,said, policy is vulnerable to legal challenges. an- other classic example about how the county likes to loVeded andpossd hangout wasn't what d play these sill Y games." Denny family had in mind ......., _ , , Kent City Council Meeting Date April 5. 1994 Category Bids 1. SUBJECT: DOWNTOWN SIDEWALK REHABILITATION, PHASE I 2. SUMMARY STATEMENT: Bid opening for this project was held on March 24th with four bids received. The low bid was submitted by R. E. Bailey Construction in the amount of $157,632.90. The engineer's estimate was $202,306.11. The project consists of replacing existing cement concrete sidewalks, which have been damaged by tree roots, with new cement concrete sidewalks The project also includes filling Railroad Park at the northeast corner of Titus Street and First Avenue and providing new storm drainage. The Public Works Director has recommended that this bid be accepted and the contract awarded to R. E. Bailey Construction. 3. EXHIBITS: Public Works Director Memorandum 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, 5. FISCAL/PERSONNEL NOTE: Recommend 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: NO YES Not Recommended 1� 7. CITY COUNCIL ACI-IUN move, Councilmember seconds Counc i lmember that the Downtown Rehabilitation Phase I contract be awarded to R. E. Bailey Construction for the bid amount of $157,632.90. DISCUSSION: ACTION: Yw Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS APRIL 5, 1994 TO: Mayor & City Council FROM: Don WickstromD) RE: Downtown Sidewalk Rehabilitation Phase I Bid opening was March 24th with four bids received. The low bid was submitted by R. E. Bailey Construction in the amount of $157,632.90. It is recommended that this bid be accepted and the contract awarded to R. E. Bailey Construction. BID SUMMARY R. E. Bailey Construction $157,632.90 Merlino Construction Co. $188,008.00 R. W. Scott Construction Co. $203,530.00 West Coast Construction Co. $226,755.00 Engineer's Estimate $202,306.11 CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESID B. OPERATIONS C. PUBLIC WORKS COMMITTEE D. PLANNING COMMI E. PUBLIC SAFETY COMMITTEE F. PARKS COMMI G. ADMINISTRATIVE REPORTS PUBLIC WORKS COMMITTEE MARCH 14, 1994 PRESENT: PAUL MANN TIM HEYDON JIM BENNETT LAURIE EVEZICH TIM CLARK ARTHUR MARTIN DON WICKSTROM MR & MRS DAVID TEMBY GARY GILL MR & MRS RUST Hardship Case (Mr & Mrs David Temby) Charge in Lieu of Assessment Wickstrom explained that we installed a watermain in Kent Kangley Road many years ago and the City financed the project and as a result, anyone connecting to that main reimburses the City for a portion of expenses we incurred; this is called Charge in Lieu of Assessment. Wickstrom said that under Resolution #975, Council can authorize a deferred payment on the Charge in Lieu of Assessment. He said that we have received a request for water service connection and the owners have indicated that this additional charge would incur a hardship on them. He said they are asking for deferred payment, which takes full Council approval. In response to Bennett, Wickstrom confirmed that this has been done in the past. Committee unanimously recommended authorization for deferred payment on the Charge in Lieu of Assessment, in accordance with Resolution #975. Watershed Fencing Project - Accept as Complete Mann expressed his appreciation that this project is now complete. Wickstrom stated that East Hill Well and Soos Creek Well were included in the fencing project, and that was the reason for the additional cost. He explained that the bid was a good one and we took advantage of it and added the last two sources on. He said that Clark Springs is not 100% fenced but everything that is accessible is fenced. Committee unanimously recommended that the project be accepted as complete. 1 Manganese Treatment Plant Wickstrom said there was a budget change in July of 1993 on this project because of our difficulties with tlthe contractorcontractor. still said had we had the plant up and operating; punchlist items to complete and in so doing, the pump facilities is not operational at the moment, which we are to get trying oveber operational for this summer. Wickstrom said that back et Noff mthe we gave the contractor an ultimatum to finish it or g project, and finally it got to the point where we just had to get him off the job. Wickstrom said there are potential claims and liens from the subcontractors. He said in order to be in a position where they can file a claim and it can actually be addressed, we have to accept the project as complete. He said to do that, we have to finish off about $150,000 worth of work. He said we still have $114,000 in cash unincumbered funds but our attorneys are concerned that they will need that money for litigation in resolving the issues with the subcontractors. Wickstrom said the general contractor has said he is going to file a claim; he filed one and now he has new attorneys and we haven't seen anything happening yet. Wickstrom said at this point wetjust want to get the facility totally operational so we can g claims from the subcontractors resolved. Bennett said, going back to last July, his position at the time was that he felt it was too easy to take $300,000 out of an ' hould have been dealt "unincumbered fund to pay for something that s with previous to that. Bennett wanted to know where we are today in terms of dollars. Wickstrom said we have $114,000 left of that $300,000 and we are holding $167,000 in retainage. Bennett said he has some concerns, one being that there was a flaw in either the specs or selection of the contractor. Bennett said he is not one that believes just because we have money somewhere, it should be used. He said he understands that most of the contracts come in within or below the engineers budget so as a general rule of thumb, Public Works does a good job in managing contracts, however this one was probably a little more sophisticated than usual. Heydon discussed the change orders that have been approved on this project and stated they amount to 6.8% of the contract amount. He said from a change order standpoint, we are still less than 10% and the problem we have is with the contractor being very slow in completing the work. Bennett said the other issue is, because the general contractor has a problem, the subs are getting raked over the coals. Wickstrom said that in order for them to file their claim and take their legal action, we have to have the contract complete and take it to council for acceptance. Wickstrom said there is $154,000 estimated work not completed and the bulk of that should have been covered under the contract, with the exception of about $54,000 related to the one well where we have the seal problem and sandy problem, 2 which we are still trying to address. Wickstrom said the rest of it should have been covered under his contract and our attorneys do not want to use the retainage or the funds that we still have because they want to reserve that money to resolve liens the subs will have and also, to resolve any other legal issues which may arise. Wickstrom said the things that we are trying to accomplish is, to get the plant back operational and get the project to a point where we can accept it so these subs can file their claims and liens. Bennett asked if the 6.8% change orders were the ones authorized or the ones the contractor requested. Heydon said the contractor requested many more than we authorized. Bennett agreed that in terms of the contract, 6.8% is small and is hardly worth spending time worrying about. Bennett said because of the need to finish the project, he is willing to support it however, he stated that it should not go under Council Consent calendar. Bennett said this shows the need for a Capital Facilities Manager or Projects Manager that works for the City to do the contracts. Wickstrom stated that in his 25 years with the City, this is the first contractor that we actually told to get off the job, essentially because he didn't complete his work. Wickstrom said that we have spent millions and millions of dollars over those 25 years. He said this is a complicated project to begin with and we followed the correct steps as far as having qualified engineers who were involved in the design however, we had a contractor that was apparently short on money. Committee unanimously recommended authorizing the transfer of $154,000 from the unencumbered water funds to the 212th/SR167 Water Supply & Treatment Facility Project Budget (W48) and that this item not be placed on Council Consent Calendar. Van Doren's Landing Way Street Vacation Funds Wickstrom said that in conjunction with the approval of the street vacation for Van Doren's Landing Way, we should receive about $148,000. He said we have several sidewalk problems and recently with an accident on 112th, pedestrian issues came up, therefore we are proposing to widen the east half of the street to 18 feet. He explained that this would create a 6' paved walking path from the school at 232nd to 240th. Wickstrom said the Mayor met with the principal, PTA members and neighborhood representatives and they were all receptive to the proposal. He said there is enough money in the sidewalk fund to do this. We have a project out to bid for approximately $200,000 with the commitment on 111th and over on Smith Street; this leaves us about $160,000 however, we have at least $300,000 - 400,000 of needs in the downtown area. He said if we had this money for sidewalks, specifically for sidewalk pedestrian improvements in the travelled areas towards schools, we could do both. He said the project on 112th is about $65,000 but this would give us more money to spend on other sidewalks. Committee unanimously recommended that a new fund be established; for the receipt of the monies associated with the Van Doren's Landing Way Street vacation and that the monies therein be utilized for pedestrian walkway improvements related to school travel patterns. In response to Bennett, Wickstrom said that the Pedestrian Comp - Plan will be part of the Transportation Plan. He said that the tree plan is being worked on by a subcommittee and they have selected a landscape architect to help select the appropriate tree - for planting. Wickstrom said that in the first phase of the Downtown Sidewalk Rehabilitation Project there are several trees in that plan which is why we need this landscape issue resolved. Metro Shoreline Improvement Grant (Kent Lagoons) Wickstrom said when we were pursuing Pacific Property, we were to get a $500,000 from Metro and $500,000 froi Futures Funds. He explained that thi: get the $500,000 from Metro and we are execute the agreement. the acquisition of Union $1 million dollar grant; n King County Conservation ; grant is our agreement to requesting authorization to Committee unanimously recommended approval of Council to execute the agreement. In response to Clark, Wickstrom said that we actually purchased 282 acres and about 65 acres was not encumbered by the grant which allows other optional uses thereof. In response to Bennett, Wickstrom said we hope to have design of this project complete in 1994 and be under construction in 1995 with a one year construction time. Meeting adjourned at 5:00 p.m - 4 PUBLIC WORKS COMMITTEE MARCH 28, 1994 PRESENT: TIM CLARK ARTHUR MARTIN JIM BENNETT JIM HUNTINGTON DON WICKSTROM MAY MILLER ROGER LUBOVICH STEVE CAPUTO GARY GILL MR & MRS RUST ABSENT: PAUL MANN - CHAIR Garrison Creek Stormwater Control Proiect Wickstrom stated there are two sections of this project where we will need to proceed with condemnation while simultaneously proceeding with negotiations. He said the shopping center and apartment complexes in and around the S.240th and 104th Ave SE intersection flood out during heavy storms. He noted that this was one of the projects in our Capital Improvement Program which is to relieve that area of flooding problems. Wickstrom said that our goal is to provide a new conveyance system and a major detention system at the headworks of Garrison Creek. He said we have all the easements for the conveyance system within the shopping center; we have two pieces one on the north end of the system and one on the southerly end of the system which are part of the open channel portion that we still need to negotiate easements for. He explained that the normal process has been sequential where we negotiate and then condemn; we want to do both (negotiate and condemn) simultaneously which speeds up the process and shaves months off the schedule. Wickstrom said we would like to build it all at once rather than having two contracts. In response to Clark, Wickstrom stated that the properties in question are easements only. He also stated that everyone has been, or will be, contacted prior to any condemnation. Committee unanimously recommended proceeding with the necessary steps for condemnation, while continuing negotiations. Residential Garbage Service Rate Issue Because of the absence of Paul Mann at this meeting, the committee recommended postponing this issue until the next Public Works meeting, April 11th. (continued) Added Item: Transit AdvisorV Board Issue Wickstrom circulated copies as aHenews said the Transit Advisory Board Locke's decision on liquid g would like the City to consider going on record as :supporting Locke's decisions. Arthur Martin said that ou and at a tinRTAg scheduled for March 31st with the Transit Advisorygroup a resolution in support be discussing whether the City will propose riupp al of Mr. Locke's decision. Clark pointed out that his principal concern on this issue is air quality. Added Item• Intra City Transit Bennett stated that the Transit Advisory Board had received a bid on Intra City Transit. Wickstrom said that he had met with Bob Whelan and told him to submit a proposal to Public olWorkstOf hat would show the routes and what we could expect to get Added Item: Tree Removal Process e was In response to Clark, Wickstrom said the Street Tree Commiererees looking for a landscape architect to help select the prop to be planted. Clark said, when we tear up sidewalks downtown, he would like some form of conduitnc dedWickstrom said this uringu f l the sidewalks to allow for laying of a memo to be very costly. Wickstrom said he will forward a copy which covers Clark, he had written to Raul Ramos some months ago, this issue (copy attached). Meeting adjourned at 4:50 p.m.- PUBLIC WORKS COMMITTEE MARCH 28, 1994 PRESENT: TIM CLARK ARTHUR MARTIN JIM BENNETT JIM HUNTINGTON DON WICKSTROM MAY MILLER ROGER LUBOVICH STEVE CAPUTO GARY GILL MR & MRS RUST ABSENT: PAUL MANN - CHAIR Garrison Creek Stormwater Control Project Wickstrom stated there are two sections of this project where we will need to proceed with condemnation while simultaneously proceeding with negotiations. He said the shopping center and apartment complexes in and around the S.240th and 104th Ave SE intersection flood out during heavy storms. He noted that this was one of the projects in our Capital Improvement Program which is to relieve that area of flooding problems. Wickstrom said that our goal is to provide a new conveyance system and a major detention system at the headworks of Garrison Creek. He said we have all the easements for the conveyance system within the shopping center; we have two pieces one on the north end of the system and one on the southerly end of the system which are part of the open channel portion that we still need to negotiate easements for. He explained that the normal process has been sequential where we negotiate and then condemn; we want to do both (negotiate and condemn) simultaneously which speeds up the process and shaves months off the schedule. Wickstrom said we would like to build it all at once rather than having two contracts. In response to Clark, Wickstrom stated that the properties in question are easements only. He also stated that everyone has been, or will be, contacted prior to any condemnation. Committee unanimously recommended proceeding with the necessary steps for condemnation, while continuing negotiations. Residential Garbage Service Rate Issue Because of the absence of Paul Mann at this meeting, the committee recommended postponing this issue until the next Public Works meeting, April 11th. (continued) Added Item• Transit Advisory Board Issue Wickstrom circulated copies of a news release regarding Executive Locke's decision on liquid gas. He said the Transit Advisory Board would like the City to consider going on record as supporting Locke's decisions. Arthur Martin said that at a meeting scheduled for March 31st with the Transit Advisory group and RTA, they will be discussing whether the City will propose a resolution in support of Mr. Locke's decision. Clark pointed out that his principal concern on this issue is air quality. Added Item• Intra City Transit Bennett stated that the Transit Advisory Board had received a bid on Intra City Transit. Wickstrom said that he had met with Bob Whelan and told him to submit a proposal to Public Works that would show the routes and what we could expect to get out of it. Added Item: Tree Removal Process In response to Clark, Wickstrom said the Street Tree Committee was looking for a landscape architect to help select the proper trees to be planted. Clark said, when we tear up sidewalks downtown, he would like some form of conduit included in the restructuring of the sidewalks to allow for laying cable. Wickstrom said this could be very costly. Wickstrom said he will forward a copy of a memo to Clark, he had written to Raul Ramos some months ago, which covers this issue (copy attached). Meeting adjourned at 4:50 p.m.