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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/15/19944z),%72�� City of Kent City Council Meeting Agenda Mayor Jim White Council Members Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr March 15, 1994 Office of the City Clerk CITY OF L LL�2 V SUMMARY AGENDA KENT CITY COUNCIL MEETING March 15, 1994 Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. In "s Appointees B. Regional Justice Center Upaare 2. PUBLIC HEARINGS None 3. CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Walnut Ridge Preliminary Subdivision (SU -90-5) - One Year Extension D. 1995 CDBG Local Program Policies and Funding Levels - Set Hearing Date E. 116th Avenue Road Improvements (264th -266th) - Accept as Complete F. Downtown Partnership - Letter of Agreement 'a. Investigative Buy Account - Ordinance Amendment- 3/s9 H. 5th Avenue Sewer Replacement - Accept as Complete I. Cambridge Short Plat - Bill of Sale J. James Court Townhouses - Bill of Sale K. LID 342 - Smith Street Sidewalks - Set Hearing Date L. LID 344 - 108th SE & SE 240th Traffic Signal - Set Hearing Date M, Council Absence N Kent Saturday Market Advisory Board Appointment O. Planning Commission Dismissal - Set Hearing Date-/� �y �J 4. OTHER BUSINESS A. Top of the Hill Rezone (RZ-93-4) B. Sharp Annexation (AN -94-2) - 10% Petition C. Economic Development Corporation - Resolution -/386 5. BIDS A. LID 344 - 108th Avenue SE & SE 240th Traffic Signal B. LID 342 - Smith Street Sidewalks, Washington Avenue to 64th Avenue 6. CONTINUED COMMUNICATIONS 7. REPORTS 8. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council make known the subject of interest, so heard. A) Introduction of Mayor's Appointees B) Regional Justice Center Update will, at this time, all may be properly CONSENT CALENDAR 3. City Council Action: Councilmembermoves, Councilmember seconds that that Consent Calendar Items A through/B be ap roved 3A. Discussi Act i11) D, ,t� AAI&O U-YX ev`E cid ley, 01}4 . 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. 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 91 1994. Approval of checks issued for vouchers: Date Check Numbers Approval of checks issued for payroll: Date Check Numbers Amount Amount Council Agenda Item No. 3 A -B Kent, Washington March 1, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann, Orr and Woods, Operations Director/ Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Acting Parks Director Thorell, Finance Division Manager Miller and Public Information & Government Affairs Division Manager Martin. Approximately 40 people were at the meeting. PUBLIC Employee of the Month. Mayor White announced COMMUNICATION that Police Detective Sergeant Mike Painter has been selected as March's Employee of the Month. He noted that Painter's dedication and commit- ment to his job and the community is outstand- ing. He added that Mike helped establish the K-9 unit of the Police Department. Captain Jim Miller also commended Painter. Les and Liz McCloskey Day. Mayor White read a proclamation declaring March 4, 1994, as Les and Liz McCloskey Day in the City of Kent, and noting that they were "Volunteers of the Year" in 1993 for their outstanding volunteer service. White noted that the McCloskeys volunteer at the Kent Activity Center, Neely - O'Brien Elementary School, Kent Elementary, Totem Girl Scouts and Boy Scouts, PTA and the Chamber of Commerce, as well as church activities and square dance activities. Introduction of Mayor's Appointees. Mayor White introduced Ellen Gimenez, his appointee to the Library Board. Regional Justice Center Update. The Mayor announced that Wendy Keller, who normally pre- sents the Regional Justice Center Update, is unable to attend this meeting and will give an update on March 15, 1994. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through L be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of February 15, 1994. 1 March 1, 1994 HEALTH & (CONSENT CALENDAR - ITEM 3D) SANITATION Kent North Corporate Park AUTHORIZATION to accept the bill of sale and warranty agreement submitted by Kent North Corporate Park, a Washington Corporation for continuous operation and maintenance of 4,205 feet of watermain, 1,332 feet of sanitary sewer mains, 254 feet of storm sewers and 1,423 feet of street improve- ments and release of bonds after expiration of the maintenance period, as recommended by the Public Works Director. The project is located east and west of 80th Avenue between 80th Place S. and S. 180th Street. (CONSENT CALENDAR - ITEM 3L) Lindental Meadows - Amendment to Bill of Sale. AUTHORIZATION to delete acceptance of that portion of the bill of sale denoting 2,336 feet of storm sewers and 740 feet of street improve- ments, as recommended by the Public Works Director. The location of these improvements lie within King County jurisdiction. STREETS (OTHER BUSINESS - ITEM 4A) LID 343 - 111th Avenue SE street Improvements Kent-Kanglev to Sequoia Junior High On February 15th, the Council held a public hearing on the formation of LID 343, 111th Ave. S.E. Street Improvements project. Upon closing the public hearing, action was tabled and staff was directed to bring back a cost estimate to construct just a concrete sidewalk on 111th Avenue. Wickstrom noted that staff looked at an alter- native to just a sidewalk. He explained that the estimated cost to construct a concrete sidewalk on the east side is $18,000, and that widening the road to provide two 6' asphalt paved shoulders would cost approximately $31,000. He recommended the widened shoulder alternative because it fits in with the ultimate improvement of the road design and provides a walking path on both sides. BENNETT complimented Wickstrom on the alternate plan and MOVED not to form LID 343 and to direct staff to proceed with the installation of shoulder widening as outlined in the Public Works Director's memo. Houser seconded. Clark March 1, 1994 STREETS stated that the original request was from school children regarding safety, and that he feels this is a good proposal. The motion then carried. STREET (CONSENT CALENDAR - ITEM 3G) VACATION St Anthony's Church Alley Vacation. ADOPTION of Resolution No. 1385 setting April 5th as the hearing date on the alley vacation petition behind St. Anthony's Church at 310 Third Avenue South, as recommended by the Public Works Director. REZONE (CONSENT CALENDAR - ITEM 3E) To of The Hill Rezone RZ-93-4. AUTHORIZATION to set March 15, 1994, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval for a rezone appli- cation (RZ-93-4) by Baima & Holmberg, Inc. The property is located at 10050 S.E. 244th Street. ANNEXATION (CONSENT CALENDAR - ITEM 3F) Sharp Annexation AN -94-2. AUTHORIZATION to set March 15, 1994, as the date to meet with the initiators of the Sharp Annexation, an ap- proximately 80 -acre area with the following boundaries: 116th Ave. S.E. to the west, 120th Ave. S.E. to the east, S.E. 240th St. to the north and S.E. 248th St. to the south. SATURDAY (CONSENT CALENDAR - ITEM 3C) MARKET Downtown Partnership Contract - Saturday Market. ACCEPTANCE of a one year contract with Kent Downtown Partnership to manage the Kent Saturday Market, as recommended by the Parks Committee. The contract shall be in a form substantially similar to the contract as approved by the City Attorney and Mayor. FIRE (CONSENT CALENDAR - ITEM 3K) DEPARTMENT Kin Count Emergency Medical Services Funds. AUTHORIZATION for the Mayor to sign the con- tract amendment with King County Emergency Medical Services. The City of Kent entered into a six-year contract with King County Emergency Medical Services to provide EMS services to our citizens in 1992. Annually a contract amendment is reached to adjust the payment amount that the City of Kent will 3 March 1, 1994 FIRE receive. This amendment changes the amount of DEPARTMENT $604,719 in 1993 to $636,405 in 1994. PARKS & (CONSENT CALENDAR - ITEM 3H) RECREATION Evening Closure of City Parks_ ADOPTION of Ordinance No. 3158, relating to the evening closure of City parks, as recommended by the Parks Committee. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills._ APPROVAL of payment of the bills received through February 4, after auditing by the Operations Committee at its meeting on February 23, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 2/1-2/15 139769-140283 $1,205,622.57 Approval of Checks issued for payroll: Date Check Numbers Amount 2/18 Checks 192610-192958 $ 261,589.01 Advice 13058-13395 409.102.19 $ 670,691.20 (CONSENT CALENDAR - ITEM 3I) Annual Accounts Receivable Write -offs - AUTHORIZATION to write-off $24,079.83 in uncollected miscellaneous accounts receivables, as recommended by the Operations Committee on February 23. Each year approximately 4.5 million dollars worth of receivables are billed by the City. This amount includes miscellane- ous accounts receivable, parking citations and the current portion due on local improvement districts. Thanks to the Customer Service staff and our collection procedures, most accounts are collected. This year the request is to write-off only .5% of the total annual amount billed. The State Auditor recommends that uncollectible accounts be removed annually. 4 March 1, 1994 APPOINTMENTS (CONSENT CALENDAR - ITEM 3J) Library Board Appointment. CONFIRMATION of the Mayor's appointment of Ellen Gimenez to the Kent Library Board of Trustees. Ms. Gimenez is a Kent resident and she and her husband own a business in downtown Kent. She is very inter- ested in the Kent Library and will make a valuable addition to the Board of Trustees. Ms. Gimenez will replace Raul Ramos, who resigned, and her term will continue to 3/31/95. REPORTS Council President. Woods announced that the Suburban Cities Association will meet on March 9th in Federal Way, and the speaker on growth management will be Mary McCumber from the Puget Sound Regional Council. operations Committee. Johnson noted that the committee will meet at 9:30 a.m. on Wednesday, March 9th. Public Works Committee. Mann announced that the Public Works Committee meetings will be held on the 2nd and 4th Monday of each month at 4:30 p.m., and that the next meeting is March 14th. Administrative Reports. McFall noted that the development of information for the Capital Facilities Plan is not complete and asked that the workshop scheduled for March 8th be cancelled and rescheduled at a later date. There was no objection from Council. ADJOURNMENT The meeting adjourned at 8:15 p.m. Brenda Jaca er, CMC City Cler 5 Kent City Council Meeting Date March 15,_ 1994 Category Consent Calendar 1. SUBJECT: WALNUT RIDGE PRELIMINARY SUBDIVISION (SU -90-5) ONE YEAR EXTENSION I�/ � p 2. SUMRY STATEMENT: Authorization of March 5, 1995, as the 7a -e- a one-year extension for Walnut Ridge Preliminary ion #SU -90-5 as requested by Mr. Douglas W. Graef to hat this plat be completed. 3. EXHIBITS: Letter from Mr. Douglas W. Graef 2/22/94 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended _---'f7 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember DISCUSSION: ACTION: oves, Councilmember seconds Council Agenda Item No. 3C February 22, 1994 MANN, C;;iV OFAP;j iii' �, Mr. James P. Harris, Planning Director City of Kent Dear Mr. Harris: I am responding to a letter of February 18, 1994 from Mr. Fred N. Satterstrom, Planning Manager, City of Kent. Mr. Satterstrom stated in the letter that I needed to request, in writing, that the plat applicaticn for Walnut Ridge #Su -90-5 be extended past the deadline for filing the final long subdivision. I am requesting such an extension in this letter. Since this application was first filed, the subdivision of Walnut Ridge has been taken over by Mr. John Ferguson. I have informed Mr. Ferguson of the above mentioned letter and he may be in contact with you also. I thank all of you for all of your assistance in this project. Sin c r�l� Do•� Griaef 1565.1 N.E. 116tp. Street Redmond, Washington 98052 (206) 883-1150 Kent City Council Meeting Date March 15_, 1994 Category Consent Calendar 1. SUBJECT: 1995 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM POLICIES AND FUNDING LEVELS 2. SUMMARY STATEMENT: Authorization to set April the date for a public hearing to consider the 1995 Development Block Grant (CDBG) program policies ar levels. 3. EXHIBITS: None (CDBG) 19, 1994, as Community d funding 4. RECOMMENDED BY: Planning Committee (to be voted on 3/15/94) (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: ACTION: econds Council Agenda Item No. 3D Kent City Council Meeting Date March 15, 1994 Category Consent Calendar 1. SUBJECT: 116TH AVENUE ROAD IMPROVEMENTS (264TH -266TH) 2. SUMMARY STA recommended b t Public Works ommittee uthorization to accept as complete the contrac wi L oyd Enterprises, Inc. for the 116th Avenue SE Road Improvements from SE 264th St. to SE 266th St. project, and release of retainage after receipt of State releases;,,C:__. 3. EXHIBITS: Public Works Director memorandum, Public Works Minutes and vicinity map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ 3 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E DEPARTMENT OF PUBLIC WORKS FEBRUARY 24, 1994 TO: Mayor & City Council FROM: Don Wickstromili RE: 116th Avenue SE Road Improvements from SE 264th St. to SE 266th St. This project consisted of constructing a new road along 116th Avenue SE between SE 264th Street & SE 266th Street. The improvements included excavating and placing fill for subgrade, retaining walls, asphalt concrete pavement, storm drainage and utility adjustments. The project was awarded to Lloyd Enterprises, Inc. for the bid amount of $339,273.44. The final construction cost is $370,959.79. y The difference in cost is due to miscellaneous change orders attributed to field conditions. It is the recommendation of the Public Works Director to accept ect and release of retainage after receipt of State this prod , releases. to f4STH ST �---� a SE 251 ST BE 00T" °T K 2w rL ° / SE 252ND ., tAST.HILL = = SE 253R[ FE ST Watt R CENTER �• % W °' _ '3 SE 262ND Sig < SE 264TH r- N .� N — • yc f f~ fZ �( s . .WOOL SE 256Tf1 ST .. _ '+ •• 29 28, • a 671► KENT SCHOOL TRI258THST q ADMINISTRATION DG. SE eoTl ST W 1 n ry[ 1T r r ST � tE 261ST ST SEQUOIA Q , < (PW JR HI. SCHOOL Athfehc C O p ,� field SE 264TH ST �26�SE 264TH ST SE 264TH sr s a 516 a w STH * SE 267TH PROJECT LOCATION ti i r4 ST z yW� V W N H � > sE 26srH a SE 268TH pL zti ST o t:- SE 269TH ST il' 7H�it > SE 270TH SE 2ST 70TH .ST 270TH PLSE' 271ST = " • < \ i 'f ST w • SE 272ND ST 29 28 If 2 SE 72ND' a SE 2rXW PL 2 .274TH ST XcWT 274TH k itxro « �� r SNTAMV 177TH LID 342 Smith Street Sidewalks Wickstrom stated we received 10 bids; the low bid was $83,731 and the engineer's estimate was $87,798. He said that although it all looks good, the budget was not nearly that amount. He said there was no relationship between the engineer's estimate and the budget, which resulted in a lack of about $451000. He explained that our engineering was incorrect however we have taken steps to correct this, so we are capping out at $18,000 for the total project. He explained that after we formulated the project and put it together, we found there were additional things to do in order to comply with ADA at a cost of about $12,000. He said in order to keep the LID cost as close as possible to the original amount, we would want to pick that up out of our sidewalk fund. Wickstrom said that if the Committee agreed, we would like to go ahead with the low bidder, Mer -Con, Inc. Committee unanimously recommended awarding LID 342 Smith Street Sidewalks contract to Mer -Con, Inc. in the amount of $83,731.00. 116th Avenue SE Road Improvements Wickstrom said this is an acceptance of a contract awarded to Lloyd Enterprises, Inc. for the amount of $339,273. and $370,959 was the actual construction cost. Wickstrom explained he brought it forward to the Committee because it is over the bid price. He explained that this is 116th and Kent Kangley just south of some plats that had commitments to participate but when they had County approvals, it became a mixture of various road designs that did not fit. Wickstrom said that this fits in with our 277th corridor project so we offered to build the road and let them pay us the difference. Wickstrom said that the overage is a result of the County Road Division wanting to add some fencing; clay lined ditches; and a retaining wall, after we had BALD plan approval. Committee unanimously recommended accepting the 116th Avenue Road Improvements as complete. Left Turn Lane - Willis & Bridges White said that accidents at this location during the last three years occurred between 10:00 a.m. and 8:00 p.m. and no other accidents occurred any other time of the day during the three year period. He said in answer to the question of individuals having a difficult time getting to Willis via Central Avenue, the accident history does not show a significant a.m. problem. He said the problems are occurring primarily between 2:00 p.m. and 6:00 P.M. White said we could install left turn restriction signs. Kent City Council Meeting Date March 15, 1994 Category Consent Calendar 1. SUBJECT: DOWNTOWN PARTNERSHIP- LETTER OF AGREEMENT // R 2. SUMMARY STATEMENT: Authorization iisv, requested for the Mayor to sign a letter of agreement between the City of Kent and the Downtown Partnership for 1994. This represents the continuing effort to revitalize the downtown area in the City of Kent with matching revenue from the citizens and businesses. $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. 3. EXHIBITS: Letter of Agreement 4. RECOMMENDED BY: Operations Committee March 9 1994 (2-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ No 7 EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F CITY OF �L 2 L] March 1, 1994 Kent Downtown Partnership Attention: Dee Moschel, Treasurer P.O. Box 537 Kent, WA 98035-0557 Dear Ms. Moschel: Jim White, Mayor This Letter of Agreement is entered into between the City of Kent (City) and Kent Downtown Partnership (KDP) for the year of 1994. In an effort to coordinate efforts to revitalize the downtown area of the City of Kent, the City agrees to pay KDP $32,000.00 as approved in the 1994 budget for the purpose of KDP promoting and marketing programs for downtown Kent that will positively impact the local economy including business recruitment and retention, downtown seasonal events, and capital and infrastructure development. KDP agrees to provide proof of matching funds and/or in-kind services amounting to approximately $32,000 from citizens and businesses in support of their program. This will be provided as a progress report on matching revenues, activities and programs to the City on a quarterly basis. KDP will indemnify, defend and hold the City of Kent harmless for any and all claims arising as a result of KDP's use of the funds herein or its performance under this agreement. Funds will be distributed as follows: TOTAL CITY OF KENT - KENT DOWNTOWN PARTNERSHIP BUDGET 1994 LESS PAYMENT #1 FOR JANUARY 1994 Payment Number #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 Due Date 2/1/94 3/1/94 4/1/94 5/1/94 6/1/94 7/1/94 8/1/94 9/1/94 10/1/94 11/1/94 12/1/94 Amount Due $2,666.66 $2,666.66 $2,666.66 $2,666.66 $2,666.66 $2,666.66 $2,666.66 $2,666.66 $2,666.66 $2,666.66 $2,666.74 Check Issue Date 2/15/94 3/15/94 4/15/94 5/15/94 6/15/94 7/15/94 8/15/94 9/15/94 10/15/94 11/15/94 12/15/94 In recognition of the foregoing, the parties affix their signatures to this letter. CITY OF KENT, WASHINGTON Jim White, Mayor Date $32,000.00 2.666.66 $29,333.34 Balance. $26,666.68 $24,000.02 $21,333.36 $18,666.70 $16,000.04 $13,333.38 $10,666.72 $8,000.06 $5,333.40 $2,666.74 -0- KENT DOWNTOWN PARTNERSHIP Treasurer Date Nf , 1. SUBJECT: Kent City Council Meeting Date March 15 1994 Category Consent Calendar INVESTIGATIVE BUY ACCOUNT - ORDINANCE AMENDMENT 2. SUMMARY STATEMENT: an investigative buy Department. k1l au Adoption oordinance No.3L5j creating account for the City of Kent Police Authorization is requested to amend to add an investigative buy account Department. This account shall not used for investigative enforcement drugs or gambling which are already part of this ordinance. Kent City Code Section 3.41 for the Kent Police exceed $10,000 and will be of activities not related to authorized in the original 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. 3. EXHIBITS: Ordinance and memo 4. RECOMMENDED BY: Operations Committee March 9 1994 (2-0) (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 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 3.41 of the Kent City Code, creating new Kent City Code Sections 3.41.700, 3.41.710, and 3.41.720, creating an investigative buy account for the City of Kent Police Department, establishing the amount thereof and authorizing the finance manager to transfer monies to the fund and other amendments. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 3.41 of the Kent City Code is hereby amended as follows: CHAPTER 3.41. GENERAL ACCOUNTS PART 1. GENERALLY Sec. 3.41.010. Personal cash advances prohibited. In no event shall any fund or account be used for personal cash advances secured by check or other I.O.U. Investigative Account PART 2. CHANGE ACCOUNT Sec. 3.41.200. Created. There is hereby established in the office of the finance manager a special account to be known as the change account. Sec. 3.41.210. Amount and authorization. The amount of the change account shall be five thousand dollars ($5,000.00). The finance manager is hereby authorized to issue a check from the general account to the change account in an amount necessary to raise the change account to the currently authorized amount. PART 3. PETTY CASH ACCOUNT ... Sec. 3.41.300. Created. There is here established a special account to be known as the petty cash account. Sec. 3.41.310. Amount. The amount of the petty cash account shall not exceed one thousand five hundred dollars ($1,500.00) and the finance manager is hereby authorized to establish the account. Sec. 3.41.320. Reimbursement. The finance manager is authorized to issue checks by way of reimbursement to the petty cash fund whenever necessary to keep the account solvent, but in no event less often than once per month. A reimbursement voucher shall accompany each payment 2 to the account with receipts substantiating the expenditures attached thereto. PART 4. GAMBLING BUY ACCOUNT Sec. 3.41.400. Created. There is hereby established in the office of the finance manager a special account to be known as the gambling buy account. Sec. 3.41.410. Amount and authorization. The amount of the gambling buy account shall not exceed two thousand dollars ($2,000.00). The finance manager is hereby authorized to issue a check for up to that amount transferring funds from the general account to the gambling buy account. The police chief and the finance manager agree that the actual amount or cash in the account on a regular basis will be kept at a minimum, as good business practices would suggest. Sec. 3.41.420. Application for use. The funds of the gambling buy account shall be for the use of the police department gambling enforcement activities. Application for the use of such funds shall be approved by the chief of police and submitted to the finance manager. PART 5. CONTROLLED SUBSTANCE BUY ACCOUNT Sec. 3.41.500. Created. There is hereby established in the office of the finance manager a special account to be known as the controlled substance buy account. 3 Sec. 3.41.510. Amount and authorization. A. The amount of the controlled substance buy account shall not exceed twenty thousand dollars ($20,000.00). The finance manager is hereby authorized to issue a check for up to that amount transferring funds from the general account to the controlled substance buy account, consistent with the amount included in annual budget. The police chief and the finance manager agree that the actual amount of cash in the account will be kept at a minimum, as good business practices would suggest. B. In the event of an emergency situation, as determined by the chief of police, and upon joint approval of the chief of police and the finance manager, the amount of the fund may be temporarily increased up to twenty thousand dollars ($20,000.00) for the duration of the emergency period. The finance manager is authorized to deposit such funds to the controlled substance buy account as is necessary to raise the account to the approved amount. Sec. 3.41.520. Application and use. The funds of the controlled substance buy account shall be for the use of the police department controlled substance law enforcement activities. Application for the use of such funds shall be approved by the chief of police and submitted to the finance manager. PART G. FLASH MONEY ACCOUNT Sec. 3.41.600. Created. There is hereby established in the office of the finance manager a special account to be known as the flash money account. Sec. 3.41.610. Amount and authorization. The amount of the flash money account shall be one hundred thousand dollars ($100,000.00). The finance manager is hereby authorized to issue a check in that amount transferring funds from the general account to the flash money account. Sec. 3.41.620. Application and use. The funds of the flash money account shall be for the use of the police department law enforcement activities. Application for the use of such funds shall be approved by the chief of police and submitted to the finance manager. PART 7. INVESTIGATIVE BUY ACCOUNT. Section 3.41.700. Created. There is hereby established in the office of the finance manager a special account to be known as the Investigative Buy Account, Section 3.41.710. Amount and Authorization. A. The amount of the account shall not exceed ten thousand dollars ($10 000 00) The finance manager is hereby authorized to issue a check for up to that amount transferring funds from the general account to the investigative buy account. The police chief and the finance manager aaree that the actual amount of cash in the account on a regular basis wi11 be kept at a minimum as good business practices would suggest. B. In the event of an emergency situation, as determined bv the chief of olice and upon joint approval of the chief of police and the finance manager, the amount of the fund may be temiporarily increased up to twenty thousand dollars 61 --- finance mana er is authorized to de osit such funds to the the approved amount. Section 3.41.720. Application for Use. The funds of the investigative buy fund account shall be for the use of Kent police De artment's investigative ti r =rr nt i cs or the cramblin related the furtherance of which requi-- manager. Section 2. Any act consistent with the authority and - prior to the effective date of this ordinance is hereby ratified and confirmed. Section 3. 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 4. 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 11 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of APPROVED day of PUBLISHED day of 1994. 1994. 1994. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. buyaccnt.ord BRENDA JACOBER, CITY CLERK 7 (SEAL) MILLER,MAYENE / KENT70/FN - HPDesk print. ----------------------------------------- <_ ject: INVESTIGATIVE BUY ACCOUNT Creator: Mayene MILLER / KENT70/FN Dated: 03/08/94 at 1733. AUTHORIZATION IS REQUESTED TO AMEND CITY ORDINANCE 3.41 TO ADD AN INVESTIGATIVE BUY ACCOUNT FOR THE CITY POLICE DEPARTMENT. THIS ACCOUNT SHALL NOT EXCEED $10,000 AND WILL BE USED FOR INVESTIGATIVE ENFORCEMENT OF ACTIVITIES NOT RELATED TO DRUGS OR GAMBLING WHICH ARE ALREADY AUTHORIZED IN THE ORDINANCE. THE ADDITIONAL SECTION CREATES THE INVESTIGATIVE BUY ACCOUNT, ALLOWS TRANSFER OF FUNDS AND 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 THE SPENDING. THE INTENT IS TO KEEP THE ACTUAL AMOUNT OF CASH AT A MINIMUM AS GOOD BUSINESS PRACTICE. THIS AMENDMENT WILL INCREASE THE POLICE DEPARTMENT'S ABILITY TO CONDUCT TRANSITIONAL INVESTIGATION. 1. SUBJECT: 5TH AVENUE SANITARY Kent City Council Meeting Date March 15, 1994 Category Consent Calendar SEWER REPLACEMENT 2. SUMMARY STATEMENT: (�As recommended by the Public Works Direc or uthorization to accept as complete the contract w1 . L. Alia Company for the 5th Avenue Sanitary Sewer Replacement project, and release of retainage after receipt of State releases 3. EXHIBITS: Public Works Director memorandum and vicinity map 4. F7 3 7. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL[PERSONNEL IMPACT: NO r✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H DEPARTMENT OF PUBLIC WORKS MARCH 15, 1994 TO: Mayor & City Coun it FROM: Don Wickstrom W RE: 5th Avenue Sanitary Sewer Replacement - Accept as Complete This project consisted of a 12" diameter sanitary sewer replacement from Saar Street to Gowe Street. The project was awarded to R. L. Alia Company for the bid amount of $86,554.20. The final construction cost is $84,887.49. It is the recommendation of the public Works Director to accept this project, and release of retainage after receipt of State releases. 1 4W 67 POP L -A'nO POP ATIATI 0 t" ATH z w VcC., I'Allk Z& A CLOUDY $7 w x WAY 5 239TH 41.- 1 1 V w CLOU V ST �ryzx <= ST 14113 z x z 1 .1 IT z z 23;24a L24 &AM IST JAthl4 I Fid R IT P P" "EFIt S r z z TWI EXAIN PROJECT LOCATION j z z am, RE ST "T � W SMITH SUFFTH 4 m 3 W HA*R WARD MCI K)l IiARRISON IT a V LZR 246TH ST E MIE KUI' ST fol 0 2—q —4 4— ml Fm% 01 Z Pbower V JSub c GOWE IT f m swr cz WILU3 T&TT Sta tlM -f � c 4,000 TACOMA 37 * 181 INTC" * 6 nLrE ll� I I u 60 W TITU sT11 E a 24 25 �Q, r, I R4 � Ili, VT A LDER LN. 262ND ST at 261 'Sr 9 262ND ST IT IT -c ST =R QuIlli a ~ ST ALPIHE WILUS ST WAY U w > > = SIV T W L: s T 071 R E SEAT7 00,000' RU Kt w w z V x 1N114 Fire > ,-VT co -c E> A stabon cc z CHK 6QO ST 30 al IT WE x 0 19 ST MARION ST Kr 24 24 '9 z 2 5iO 259TH IT 3 259TH IT �Q, r, I R4 � Ili, VT A LDER LN. 262ND ST at 261 'Sr 9 262ND ST Kent City Council Meeting Date March 15, 1994 Category Consent Calendar 1. SUBJECT: CAMBRIDGE SHORT PLAT - BILL OF SALE 2•Meemeontisubmitted TEMENT: As recommended b the Public Wo Duthori ation to accep a bill of sale and warranty a 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/!,,-- The project is in the vicinity of S. 270th Street and 43rd Place South. 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_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I DEPARTMENT OF PUBLIC WORKS MARCH 15, 1994 TO: Mayor & City Council FROM: Don Wickstrom RE: Cambridge Place Short Plat - Bill of Sale Altier Acquisition & Development, the developer of Cambridge Place Short Plat has completed .the water, storm sewer and street improvements for this plat. The project improvements are in the vicinity of S. 270th St. & 43rd Place South. It is the recommendation of the Public Works Director that the bill of sale be accepted and bonds released after the one year maintenance period. G Mw S% A SUN WWIM LlNIIA 11►11.11 71 = 1'Mth ST 145TH 51 , nn I �� 249TH 't ST Ij • ! 260TH ST i ,. ,,. ; . J•W+ c ! o � zdt o 0 � "'�fj 5 i R w " ST Iw IST s ! 252 ! ND ; ! 242ND ! ebb ST ��� f 52ND r PL a w a Z b = ! filth rO w = 23 q 53R PL L b' 34�•f w g w wi 7. s ST x � b w x ® �S d2SZT11 !7 E 26STH 6 w 5255TH PL .� e f Z w 3256 s cr ' 5 r1 y PL RD t Pawl s S 260TH. 1161ST C i 261ST, L �PARK C -7 1f61fT 262ND ST ! 6s 263M ST B�K t w IS � f nw � w ♦ Launch Kehr < �t LM cr +. SQtref 2Orr cr Water �+ S" J HAYP7pH CT Reservoir c 11�'T 4lr hASlpf01/ WAY ��•.• ,5:: :fi AVE N!1JUN� R% G TOTEM WAJSCMOOL i 51 Park Gott C Gott Course 22 27 26 .� PPA....+ 2 ! LAKE ELEM 2 A i fiCMOOL ST sT 5 i . 27 ST: w i 270TH ,�. ST < w 26 2$ 27 272ND 5 ` 34 vi JECT PROLOCATION w � � s z74fl1 t TM< ZD epi Kent City Council Meeting Date March 15 1994 Category Consent Calendar 1. SUBJECT: JAMES COURT TOWNHOUSES - BILL OF SALE �� • As recommended by the Public Works 2. S warranty Directory uthorization o accept e i o 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, The e project is in the vicinity of 23829 102nd Avenue SE. !�\_ 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 6. EXPENDITURE RE9UIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3J DEPARTMENT OF PUBLIC WORKS MARCH 15, 1994 TO: Mayor & City Council FROM: Don Wickstrom 10 RE: James Court Townhouses - Bill of Sale March Development, the developer of James Court Townhouses has completed the storm sewer and street improvements for this project. The James Court Townhouses improvements are in the vicinity of 23829 102nd Avenue SE. It is the recommendation of the Public Works Director that the bill of sale be accepted and bonds released after the one year maintenance period. GENTPAL AVE - �,' S ten- ISM ST 4 STAB`.:: STATE A AK i T AK f t< HTN f r N0 11 ih. N MOODD A.� M Co1 7NN7�i n SiTN , !� N CLAW AVE 12fm SiTN K S = _ ' f A' tr N JASON AVE AV[ f N -4AO �c AK AVE j MTH AVE S AVE J " z ALVORD AVE <. N SUN#*r HILLTOP AVE AVE N 92ND PL e u� N O =>" Iii 94TH AVE S " 1 $3 i ' = a 94Tµ AVE 8 - 94TH AVE S " .4 N 4w = Z 59T7, PL f3 a 96TH AVE S S 96T4 4A ^C J Til AVE f �� �. " s 5 8j. P P �'a rF --11 i i . S 9STH AVE S O p TY a N C�1 (►v0 _ _ a� aW M N N O 99Tµ AVE S A y N y� H V Go 100TH AVE SE 2 V 00 11114 r G N i XOR "Y A 1 31 (" �� �. rZ102ND. code r _T- m -I- 103RD "' N lr AVE SE Or.' c nVE SE 103R WN w AVE = '-)4n 104TH AVE SE 1047 M AVE 103 W N ~J %b SE / Ks gNtE �y C J�{Ty a7 M p p AVE q r • N A � 1� � � M v M, N C iO A _C AK M }N N ^ " .4C ti C 4!' STH SA S = 4 y4Q N MM rii IOfTH N IOSTN AVE ML "� N^ 2 -M1 N L O 0-4 Y -i N M `t f, t110Tµ m it 01' AA 1 109TH A sy IN I IOrM iiGTAVE fHE SE ro 3APL SE 1pftbL llOTr MA K 11TH (� 112TH AVE SE 11 "112P lie -1 y Rs t N 1 1 113TH PL M 1 TN 1 TI 114TH K fE 1t A 1. SUBJECT: LID 342 - Kent City Council Meeting Date March 15, 1994 Category Consent Calendar SMITH STREET SIDEWALKS 2. SUMMARY STATEMENT: Authorization to set May 3, 1994, public hearing date on the Final Assessment Roll for LID Smith Street Sidewalks. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) as the 342 - 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO r✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ M 7 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3K `r£R >a 2 N a.• w A LLL ROAD (63RD AYE 8) 54 TH AVE.S 58 TH AVE. S .y lzb �c Z e �(� p�C V v D� I 64 TH A% µTM AVE �D o V1 �' • N /6ON AV[ m N N • G 71ST m A {{77 Z 64TH , AVE s NADEN AVC a 1 N LINCOLP .�—] ` ._ m N I � K • r K WW. A LLL ROAD (63RD AYE 8) 54 TH AVE.S 6 58 TH AVE. S .y lzb �c Z e �(� p�C V v D� I 64 TH A% µTM AVE �D o V1 6 wAs�iuw IN A�VE OO L. Z I ' o V1 �' N /6ON AV[ G 71ST m k72N {{77 NADEN AVC N LINCOLP .�—] ` m AVE r D • r K Tc N M m AVE w VE ., IE •VE > i M AVE N 6TH AVE �4 T 6 '+ aTH " too 4TH AVE 4— LID 342 - SMITH STREET SIDEWALKS N � �• r I f`� -= AIM' A pelt o 1 Kent City Council Meeting Date March 15, 1994 Category Consent Calendar 1. SUBJECT: LID 344 - 108TH SE & SE 240TH TRAFFIC SIGNAL CGU e674 c_ 2. SUMMARY STATEMENT: 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. 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. 3L Lai � 8 vl[w r.. M surwr MLLTOP Avco 3 1LL1tti 1, y • AV[ M K ('C� ,� « f1N0 Ll RgTvttl M S MA►LaWOM AVF i.t'y ',t� �= 1� Nw z > �., .jD v' C i z 94TH AVE f 1 KIMKR 711, 4 .1 16.94TH AVE 3 • � D a ^� 9e AVE M -1 ♦ �'� (�• �� i 44 •� t� A 95" Rwrm M O � z 99TN E AVE i M 3 00 AYE .)AY �" ♦ ate! • 7r M N N+ -+ N E;;' '41 A ffTH AVE E C E o 99TH AVE 3 s �*. EE / W100711 AVE �[ I O n_ y 100TH AVE n7 ORR A V S PH or wx ? ..Barricade wE SE _ rZ_ 102ND. �A a AVE SE Om _i a X2 ^+ 1030to86 p N � W N N rZ iO AYE C 2 104TH 104TH AVE 3E rri 4 t tr r1 D PL if l r1l Lei Is � •�+ Y N N fuAl 7 Y •� O S N a y i i4�Ot A 108TH AYE SE x 106711 AVE >K Z H M 109TH to 2 AVE = • 0 109TH <" PL ME H1A ►L • �` ' 110TH 111TH AVE SE PL EE (pt) 112TH AVE SEI .IMI H 113TH AVE EE O H3 Au® 113TH`: ;p 114TH BE 9 0 m N 14TH PL' T �^ q O 11 T 11fTN $ N PL EE 3 N f O V Ip O 114Tw AVE EE N 4 = C CIO 17T m LID 344 - TRAFFIC SIGNAL N PW SE IISTM NW 108th & 240th _ f� Mm 'f AM ro U U 0 i -119 AVE SE / N ~ 119 / •' 120TH IVE N `z 1l�i�ll �• 121ST AVE./1 i /// 7 (r� a n ? A r 122M a O . PL SE I 12107 AVE /.E. ' S-' ..� 123R0 x i Z�� Kent City Council Meeting Date March 15. 1994 Category Consent Calendar 1. SUBJECT: COUNCIL ABSENCE � pO 0Q 61 2. SUMMARY STATEMENT: 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. 3. EXHIBITS: Memorandum from Councilmember Houser 4 1.0 21 rA RECOMMENDED BY: Councilmember Houser (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3M MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS FROM: CHRISTI HOUSER, CITY COUNCIL MEMBER DATE: MARCH 15, 1994 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the March 15th, 1994, City Council meeting since I will be unable to attend. Thank you for your consideration. CH.jb 1. SUBJECT: Kent City Council Meeting Date March 15, 1994 Category Consent Calendar KENT SATURDAY MARKET ADVISORY BOARD 2. SUMMARY STATEMENT: Confir ation of the Mayor's appoint- ment 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. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended .1 7. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3N MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL ME BERS FROM: JIM WHITE, MAY R DATE: MARCH 9, 1994 SUBJECT: APPOINTMENT TO KENT SATURDAY MARKET ADVISORY BOARD I have recently appointed 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 has been a Kent resident for more than 20 years. He will serve as an At Large/Citizen Representative on the Board and will replace Linda Johnson who resigned. His appointment will continue to 10/95. I submit this for your confirmation. JW.jb 0 Kent City Council Meeting Date March 15, 1994 Category Consent Calendar 1. SUBJECT: PLANNING COMMISSION - DISMISSAL OF MEMBER 2. SUMMARY STATEMENT: Authorization to set April 5, 1994, as C the date for a public hearing on the dismissal of a Planning Commission member for unexcused absences. 3. EXHIBITS: Memo to Mayor, Kent City Code Chapter 2.56 4. RECOMMENDED BY: Planning Commission (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. 30 CITY OF February 28, 1994 Jim White, Mavor MEMO TO: MAYOR JIM WHITE FROM: ED H INEMAN, JR., PLANNING COMMISSION CHAIR �]E7 SUBJECT: PLANNING COMMISSION MEMBER'S ABSENCE The Planning Commission bylaws state: When any member of the Planning Commission is absent without excuse from two consecutive Planning Commission public hearings, the Mayor shall be notified, with the Planning Commission's recommendation for dismissal of said member. A member may be excused from a Planning Commission public hearing if the Commission Chair, Vice Chair, or the Planning Director is notified prior to a meeting. Chris Grant has missed six unexcused absences from public hearings since July, 1993. The Planning Commission respectfully requests that you dismiss Mr. Grant as per the Planning Commission bylaws. Thank you for your attention to this request. § 2.56.010 w c 0 U Sec. 2.56.010. Creation. KENT CITY CODE CHAPTER 2.56. PLANNING COi♦MISSION" There is hereby created the city planning com- mission. (Code 1986, § 2.32.020) Cross references—Boards and cammissions, ch. 2.51 et y seq.; release of surety bands authorized by board of adjustment s and planning commission, § 3.43.010. a` State law reference—Planning commission, F.CW 35.63.010 et seq. v Sec. 2.56.020. Membership, terms, residence requirements, compensation. N A. The planning commission shall consi=_t of nine (9) members, each of whom shall be appointed by the mayor and confirmed by the city council. Ex -officio members of the planning commission shall consist of the city engineer and city attorney, which members shall not have a vote. E < B. The term of office of the commissioners shall be six (6) years. 'When a vacancy occurs on the 1 . planning commission, appointment for that posi- tion shall be for sir (6'5. years, or for the remainder of the unexpired term, whichever is the shorter period of time. C. Members of the planning commission may be dismissed by the mayor, with approval of the city council, following a public hearing for the reasons of neglect of duty or for missing t,.venty- five (25) percent of the regular lv scheduled meet- ings in a twelve-month period or for inefficiency or malfeasance in office. D. At least five (55. persons appointed to serve on the planning commission shall reside within the corporate limits of the city, and the other men..- bers shall reside at least within an area desig- nated by the city council as being within the sphere of interest of the city. E. The appointed members of the planning com- mission shall serve without compensation except that reimbursement for authorized travel expenses may be made. Reimbursement pens_es shall come from the bu ignated planning commission, v be part of the annual plannin, thorized budget. (Code 1956, § 2.32.030) State law reference—`Iember=_hip. Sec. 2.56.030. Organization. records. A. Theplanningcommissior person and vice -chairperson fre members. Such officers shall h year. The secretary of the plc. shall be the planning director. prepare the planning commis pare minutes and keep such re sa.-v for the proper operation o: mission, all of which will be record. B. The planningcommissior once each month and shall ape bvlaw's, which bylaws shall pr procedure and dates of meetir. commission. (Code 1986, § 2.32.040) Sec. 2.56.0.10. Duties and pi A. The planning commiss public hearings_ relating to the c and the implementation ther commission shall review propc the zoning and subdivision or, within the planning function. tor: ordinances which designat mission as having responsibi nance. B. The planning commissi seated by the planning directc representative on any citizen or body appointed by the cit} 'Cross references—Planning commission, ch. 2.56; hearing examiner, ch. 2.3-2; indemniflc a'—, ch. subtitle IV; subdivisions; ch. 12.04; mobile home parks, ch. 12.05; recreation vehicle parks, ch. 1: ind. of certain lands for condominiums, ch. 12.07; administration of the zoning provisions, ch. 15.09; ent-L;rceme: 15.10. State law references—Planning and zoning, FCW 35.x.63.010 et seq.; creation of planning as^-ncy, 54 1. SUBJECT: Kent City Council Meeting Date March 15, 1994 Category Other Business TOP OF THE HILL REZONE (RZ-93-4) 2. SUMMARY STATEMENT: This date has been set Hearing Examiner's recommendation of approval tion by Baima & Holmberg, Inc. to rezone 7.25 R1-7.2, Single Family Residential, to R1-5.01 Residential. The property is located at 10050 Street. to consider the of an applica- acres from Single Family S.E. 244th 3. EXHIBITS: Staff report; Findings and Recommendations 4 5 29 IFA RECOMMENDED BY: Hearina Examiner 2/16/94 (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT• NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember43�2/7. moved, Councilmember &,,.+_,,,_& seconder toce reject/modify the findings of the Hearing Examiner, andco op reject/modify the Hearing Examiner's recommenda- tion of approval of the Top of the Hill Rezone (RZ-93-4), and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: ACTION: Council Agenda Item No. 4A CITY OF ���� FILE NO: APPLICANT: CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION TOP OF THE HILL #RZ-93-4 BAIMA & HOLMBERG, INC. REQUEST: A request 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. LOCATION: The subject property is located at 10050 SE 244th Street. APPLICATION FILED: December 3, 1993 DETERMINATION OF NONSIGNIFICANCE ISSUED: September 2, 1993 MEETING DATE: February 2, 1994 RECOMMENDATION ISSUED: February 16, 1994 RECOMMENDATION: APPROVE STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Matthews Jackson, Planning Department PUBLIC TESTIMONY: Shupe Holmberg, representing applicant Martin Durkin, Jr., representing applicant WRITTEN TESTIMONY: None EXHIBITS: 1 . Hearing Examiner file 2. Copy of Mr. Holmberg's presentation 3. Copy of Construction Alternative 4. Map showing proposed site plan 5. Map showing proposed site plan under King County regulations Findings and Recommendation Top of the Hill #RZ-93-4 INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. FINDINGS 1. The property proposed for a rezone is located at 10050 SE 244th Street. 2. The property is approximately 7.25 acres in size. The applicant proposes to rezone the property from R1-7.2, Single Family Residential with a 7,200 square foot minimum lot size, to R1-5.0, Single Family Residential with a 5,000 square foot minimum lot size. 3. Property to the north and east of the site is zoned CC, Community Commercial. Property to the south and west of the site are zoned R1-7.2. A small parcel located directly northeast of the site is zoned MRM, Medium Density Multifamily Residential. 4. The City-wide Comprehensive Plan Map designates the site as MF, Multifamily. The East Hill Comprehensive Plan Map designates the site as MF 12, Multifamily with 7-12 units per acre. The site is within the Single Family Designated Overlay adopted by the City Council in 1989. 5. Three single family residences are located on the site. If the rezone application is approved, the applicant plans to submit a preliminary plat proposal wherein the lot lines would be drawn to include these single family residences on lots that exceed the 7,200 square foot minimum lot size now required under the existing zoning. The proposed rezone is for the property surrounding the planned lots for the existing single family residences. 6. A final Mitigated Determination of Nonsignificance was issued for this proposal on September 17, 1993. Fifteen conditions were attached to the MDNS. The conditions address potential environmental impacts including street improvements, walkways, mass transit and stormwater treatment. The MDNS was not appealed. N Findings and Recommendation Top of the Hill #RZ-93-4 7. A public hearing was held on this application on February 2, 1994. Notice of the public hearing was posted on the site, published in the newspaper and mailed to persons living near the site. The public hearing was attended by representatives of the City and the applicant and approximately 20 interested persons from the community. The City presented a recommendation to approve the rezone request. The applicant's representatives presented testimony in support of the rezone request. Everyone present at the public hearing was given a full opportunity to speak and submit written evidence. No one testified or submitted evidence against the rezone request nor did anyone present raise any concerns or questions about the rezone request at the public hearing. All testimony and evidence presented prior to and during the public hearing supported approval of the rezone request. CONCLUSIONS Jurisdiction and Authority The Hearing Examiner has jurisdiction to hold a public hearing on this quasi-judicial rezone, and to issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and Chapters 2.32 and 15.09 of the Kent City Code. Section 15.09.050 (A)(3) of the Kent Zoning Code sets forth the standards and criteria the Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: A. The proposed rezone is consistent with the Comprehensive Plan. B. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. D. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. E. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. 3 Findings and Recommendation Top of the Hill #RZ-93-4 Based on the Findings specified above, the Examiner makes the following conclusions: Consistency with Comprehensive Plan CONCLUSION 1: The proposed rezone is consistent with both the City-wide Comprehensive Plan and the East Hill Subarea Comprehensive Plan (as amended by the Single Family Designated Overlay) including the housing objectives of those plans. 1.1. At one time the site proposed for a rezone was designated for multifamily development in the comprehensive plans of the City. The proposed rezone would not be consistent with the plan map designation. However, the City-wide and East Hill Comprehensive Plans were amended in 1980 with a Single Family Designated Area Overlay. This overlay was created to conserve existing single family neighborhoods from incompatible uses and to promote new single family development. The proposed rezone is from one single family designation to another. This is consistent with the intent of the Single Family Designated Area Overlay. 1.2 The Examiner must also consider the policies of the comprehensive plans as well as the map designations. The City of Kent Council ago. See, Chcided aps develop 35 63 comprehensive plan as authorized by State law many year9 and 35A.63 RCW. According to State law, a comprehensive he mplan nner means, et "the policies and proposals approved by the legislative body " ininclude a map or maps, charts, diagrams, State law. RCW 35A.63.010. This may reports and explanatory text as well as "other devices and materials" to "express, explain or depict" the elements of the plan. RCW 35A.63.061. The policies of the East Hill Plan include an overall housing goal to "assure present and future East Hill resident housing that is safe, offers a desirable living environment, and is supported by adequate community facilities and services." The City-wide Comprehensive Plan contains a specific policy to "encourage development of new single family housing, by creating neighborhood environments attractive to single family builders and homeowners." Exhibit 1, Planning Department report, pages 5-7: East Hill Plan Housing Element Overall Goal; City-wide Housing Element, Goal 1, Objective 2, Policy 3. Compatibility with Development in the Vicinity CONCLUSION 2: The potential development associated with the rezone proposal would be compatible with the existing development in the vicinity of the proposed rezone. The proposed rezone is in an area of mixed use including residential, commercial and professional office development. Unlike other rezone proposals that would have M Findings and Recommendation Top of the Hill #RZ-93-4 resulted in increased single family density (e.g. Applewoude Estates), there is no opposition to this rezone proposal. Although several citizens appeared at the public hearing, no one presented any testimony. The Hearing Examiner also did not receive any letters in opposition to the proposed rezone. The rezone proposal appears compatible with surrounding development on its face, and no one presented any evidence to the contrary. Unlike other rezone proposals that would have resulted in increased density for residential development, there is no evidence to support a denial of this rezone request. Apparently, the owners of property surrounding the rezone proposal support the rezone request. Burden on Transportation System CONCLUSION 3: The proposed rezone would not unduly burden the transportation system. 3.1 The traffic impacts associated with the potential development of the proposed rezone were reviewed by the City as part of the environmental review of the rezone proposal. Conditions were applied to the Mitigated Determination of Nonsignificance issued in September 1993. If those conditions are adhered to, there would be no significant impact on the existing transportation system associated with this rezone and potential subsequent development. Change of Circumstances CONCLUSION 4: Circumstances have changed substantially since the establishment of the existing single family zone to warrant the proposed rezone. The subject property was annexed to the City in 1987. The property was designated for multifamily development in the Comprehensive Plans. However, in February 1990, the City Council adopted amendments to the East Hill Comprehensive Plan that were intended to limit opportunities for multifamily development and provide for increased single-family residential densities. See: Ordinance No. 2903. The Single Family Designated Overlay policies were applied to the subject property. The vicinity of the subject property is one of the few areas in the City where urban services are available and there are relatively few environmental constraints to development. Several final plats for single-family residential developments have been recorded in the area including the Eastwood Plat, Hemlock Acres No. 19 and the Canterbury Place Plat. This single family development has occurred since the property was annexed to the City. The area is clearly one of primary interest for single family development. The increased density associated with the rezone proposal is consistent with Council policies adopted since the subject property was first zoned for residential development. The changes of circumstances that justify the rezone are in the single 5 Findings and Recommendation Top of the Hill #RZ-93-4 family plats that have been recorded in the vicinity of the subject property and the Council policies adopted in 1990 that apply directly to the subject property. Health Safety and Welfare of the Citizens of Kent CONCLUSION 5: The proposed rezone would not adversely affect the general welfare of the citizens of Kent in the area surrounding the proposed rezone. No one presented any evidence of any nature against this rezone proposal. The Hearing Examiner must conclude that the proposed rezone would not have any adverse affect on anyone in the area surrounding the rezone. RECOMMENDATION Based on the above Findings and Conclusions, the Examiner recommends the City Council APPROVE this request for a rezone. It is the Examiner's opinion that the rezone request, as proposed, meets the criteria for approval established by the City Council. Dated this 16th day of February, 1994 r�k � jRLA 4-J- . THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS. Reauest of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S., Kent, WA 98032. Reconsiderations are answered in writing by the Hearing Examiner. Findings and Recommendation Top of the Hill #RZ-93-4 Notice of Right to Aooeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council. A recommendation by the Hearing Examiner to the City Council can also be appealed. A recommendation is sent to the City Council for a final decision; however, a public hearing is not held unless an appeal is filed. c: rz934.fin 7 CITY OF ��01T CITY OF KENT KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF FEBRUARY 2, 1994 FILE NO: TOP OF THE HILL #RZ-93-4 APPLICANT: Baima & Holmberg, Inc. REQUEST: A request to rezone approximately 7.25 acres of property from R1-7.21 Single Family Residential (minimum lot size of 7,200 square feet) to R1-5.01 Single Family Residential (minimum lot size of 5,000 square feet). STAFF REPRESENTATIVE: Matthews Jackson, Planner STAFF RECOMMENDATION: APPROVAL I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone approximately 7.25 acres from the current zoning of R1-7.2, Single Family Residential (7,200 square foot minimum lot size), to R1-5.0, Single Family Residential (5,000 square foot minimum lot size). This rezone is requested in order to create a 42 lot residential subdivision from 4 existing lots. B. Location The subject property is located at 10050 SE 244th Street. C. Size of Property The rezone proposal is approximately 7.25 acres. D. Zoning Property to the north and east of the subject site is zoned CC, Community Commercial. Properties to the south and west of the site are zoned R1-7.2, Single Family Residential (7,200 square foot minimum lot size). A small area located directly northeast of the subject 1 Staff Report Top of the Hill Rezone #RZ-93-4 property is zoned MRM, Medium Density Multifamily Residential. E. Land Use Three single family residences are located on the existing four lots. The proposed preliminary plat will reconfigure lot lines to preserve these residences. The entire preliminary plat proposal covers approximately 8.74 acres, however, the new lots with the existing residences will exceed the 7,200 square foot minimum lot size of the R1-7.2 zoning, and therefore are not a part of this rezone request. There are a few other single family residences located near the subject property along SE 244th Street. A Fred Meyer store with associated parking abuts the subject property to the north. A small commercial center and professional offices abut the northeastern side of the site. F. History The subject property was annexed to the City of Kent as part of the approximately 400 acre East Hill Well Annexation Area 2 on April 22, 1987 (Ordinance 2727). The annexation occurred as a result of the city taking over and improving the water system for customers of the East Hill Well Company. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Determination of Nonsignificance (MDNS) September36) for 17, 1993 subject one to 15roposal waoconditi nss issued on B. Significant Physical Features Topography and Vegetation The topography of the site is fairly flat with slopes generally less than five percent (5%). There are several mature and significant deciduous and evergreen trees located on the site. The developer will have to submit a tree plan for Planning Department approval prior to development on any lot. Staff Report Top of the Hill Rezone #RZ-93-4 C. Significant Social Features 1. Street System The subject property is located on SE 244th Street which is an unimproved matt finished street. This street is classified as a Residential Collector. The right-of-way is 60 feet in width of which approximately 18 feet is paved. A widening strip will be required to be deeded to the City. The average daily traffic count on SE 244th Street is less than 1000 vehicle trips per day. 2. Water System The site is served by a 16 -inch water main located within SE 244th Street. 3. Sanitary Sewer System An existing eight -inch sanitary sewer is available to serve the subject property. The sewer is situated at the southwest corner of the proposed plat. 4. Stormwater System A stormwater system is necessary to accommodate new development. The developer is required to construct an aboveground stormwater treatment system in accordance with Kent Construction Standards as a condition of the MDNS. 5. LIDs No Local Improvement Districts exist at this time. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: City Administrator City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official city Clerk In addition to the above, all persons owning property which lies within 200 feet of the site were notified of the application and of the public hearing. 3 Staff Report - Top of the Hill Rezone #RZ-93-4 Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. Comprehensive Plan The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969. The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and spending decisions. Residents, land developers, business representatives and others may refer to the plan as a statement of the City's intentions concerning future development. The City of Kent has also adopted a number of subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. The proposed rezone area is served by the East Hill Subarea Plan. The East Hill Subarea Plan Map designates the area as MF 12, Multifamily (7-12 units per acre). The following is a review of both plans as they relate to the subject property. CITY-WIDE COMPREHENSIVE PLAN The City-wide Comprehensive Plan is made up of two entities, the Comprehensive Plan Map and the written goals, objectives and policies. The Comprehensive Plan Map designates the project site as MF, Multifamily Residential. CIRCULATION ELEMENT OVERALL GOAL: ESTABLISH A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM FOR ALL MODES OF TRAVEL. Goal 1: Assure the provision of safe and efficient routes and terminal facilities for vehicular traffic moving within and through Kent. ays for Objective 1: Probothlocaladequate andthrough cwtraffic, 4 Staff Report Top of the Hill Rezone #RZ-93-4 separating the systems when possible. Planning Department Comment: The Public Works Department estimates that the proposed rezone and subsequent development will generate 39 PM peak hour trips. SEPA conditions require that the street be brought up to current City standards for a residential collector street. When the street is brought up to its intended standard it will be able handle the expected increase in traffic. The new street extension which is a part of the proposed preliminary plat will also have to meet current City standards for a residential collector street. 196 &lips4Zu"M206rV0:8ak OVERALL GOAL: ASSURE A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT. Goal 2: Guide new residential development into areas where the needed services and facilities are available, and in a manner which is compatible with existing residential neighborhoods. Obiective 2: Permit new residential development on the East and West Hills as the necessary facilities and services are available. Policy 2: Designate suitable areas for future residential development. Policy 3: Encourage development of new single family housing, by creating neighborhood environments attractive to single family builders and homeowners. Policy 4: Utilize regulatory measures, such as zoning, to restrict and discourage development which contributes to urban sprawl. Policy 6: Limit expansion of multifamily development in rural residential areas. A Staff Report Top of the Hill Rezone #RZ-93-4 _Planning Department Comment In 1988 the City Council requested an update of the Comprehensive Plan Housing Element. Resolution 1172 directed the a Pro proposed ning Department of theonduct a two Comprehensive hPlan ased study: 1) P P area analysis of Housing Element; and 2) an area by multifamily residential densities for the West Hill, East Hill, and Valley Floor Planning Areas. Amendments ing ment comprehensive o Plan were the smade B n 1989. Of These amendments emphasized: 1. Retention of existing residential areas as livable and attractive neighborhoods. 2. Promotion of a community and neighborhood spirit, including a renewed emphasis on single-family housing. 3. Recognition of the relationships between housing density and circulation, public facilities and services. 4. Emphasis on the importance of preserving the natural features of the land. 5. Recognition of the need to provide housing opportunities for all persons in the community. Planning Department Comment The amended Housing Element of the Comprehensive Plan places a strong emphasis on single family neighborhoods and development of opportunities for new single family construction. Resolution #1235 created a Single Family Designated Area Overlay to: a) conserve existing single family neighborhoods, b) to protect single family neighborhoods from incompatible uses, and c) to promote new single family development. The subject property is within the Single Family Designated Area. The City of Kent Zoning Code Section 15.04.020 states, ,it is the purpose of the single family residential districts to stabilize and preserve low density, single family residential neighborhoods. It is further the purpose to provide a range of minimum lot sizes in order to promote diversity and recognize a variety of residential environments." 11 Staff Report Top of the Hill Rezone #RZ-93-4 EAST HILL PLAN The East Hill Plan Map designates the project site as MF 12, Multifamily (7-12 units per acre). HOUSING ELEMENT OVERALL GOAL: ASSURE PRESENT AND FUTURE EAST HILL RESIDENT HOUSING THAT IS SAFE, OFFERS A DESIRABLE LIVING ENVIRONMENT, AND IS SUPPORTED BY ADEQUATE COMMUNITY FACILITIES AND SERVICES. GOAL 2: Development patterns that promote residential quality and provide diverse housing opportunity. Obiective 1: Promote flexible residential development approaches... Objective 2: Decisions concerning land use designations and development proposals shall consider surrounding residential land uses and mitigation measures necessary to minimize potential conflicts. Planning Department Comment The proposed rezone is requested to provide for 39 new single family residential housing units. The Mitigated Determination of Nonsignificance issued for the Top of the Hill proposal (#ENV -93-36), includes 15 conditions which are intended to mitigate the anticipated impacts of this development. Most of the conditions relate to street construction and traffic mitigation, as well as stormwater treatment and detention. The site is already served by both City sewer and water facilities. B. Growth Management Act House Bill No. 2929, The Growth Management Act of 1990, made it mandatory that jurisdictions in the region plan for future growth thzough the adoption of new Comprehensive Plans. The Growth Management Act states thirteen separate planning goals which are to be adopted to guide the development and adoption of comprehensive plans and development regulations. Those goals which are of particular importance to this application include: FA Staff Report Top of the Hill Rezone #RZ-93-4 1. Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. 2. Reduce Sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low density development. 4. Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. 12. Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. Planning Department Comment The City is in the process of drafting a new Comprehensive Plan in compliance with the Growth Management Act. The City is required to plan for expected growth through new zoning and development regulations. The City Council has adopted targets for expected new households and employment over the next twenty years within City boundaries. An additional 7,520 households are targeted in Kent between 1992 and 2010. This target is based on the vacant and redevelopable capacity available under existing zoning. However, only about 25 percent of this capacity is single family residential. C. Standards and Criteria for a Rezone Request The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. 1. The proposed rezone Comprehensive Plan. 8 is consistent with the Staff Report Top of the Hill Rezone #RZ-93-4 Planning Department Comment The Comprehensive Plan and East Hill Plan map designations call for multifamily development at a density of 7-12 units per acre. However, the site is located in the Single Family Designated Area Overlay, in which no new multifamily development is to be allowed. The Single Family Area Overlay makes no reference to housing densities, although all single family development is fairly low in density. Therefore, the Comprehensive Plan and East Hill Plan Map density is still applicable. At the proposed density of 5,000 square foot minimum lot sizes, the site could potentially yield a maximum of 8 units per acre without subtracting for infrastructure improvements. At a maximum density of 5,000 square feet per lot on the proposed 7.25 acre rezone site, there is the potential for 63 building lots. Subtracting approximately 75,000 square feet, or 1.72 acres of land for the proposed road, the site could still potentially yield 48 building sites at a density of 6.6 units per acre. Under the existing R1-7.2 zoning, the site could potentially provide 43 building sites at a density of 5.9 units per acre. Discounting 75,000 square feet for the proposed road, the site could ultimately produce 33 building sites at a density of 4.6 units per acre. The proposed Top of the Hill preliminary plat would produce 39 new building sites at a 5.4 unit per acre density on the 7.25 acre property. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Department Comment The proposed rezone would not have a negative impact on existing development in the vicinity. The area has a mix of residential, commercial, and professional office development. Both the Eastwood and Canterbury plats are currently under development to the south and west of the proposed rezone site. Tracts A and B of the proposed plat have been designated as open space by the applicant. The Kent Parks Department has asked that the area shown as Tract A be developed as a Tot Lot which meets ADA, American Disabilities Act, and playground safety standards. These open areas will compliment the emerging neighborhood. P� Staff Report Top of the Hill Rezone #RZ-93-4 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Department Comment Traffic impacts at proposed levels were addressed through the SEPA process in #ENV -93-36. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Comment When this property was annexed to the City in 1987, it was during a time of tremendous growth in multifamily development. As a result of this explosive growth, there was a subsequent downzone in the amount of potential multifamily units allowed on East Hill. At the same time, the City asserted'its renewed effort in promoting single family housing and establishing new single family neighborhoods. The City Council has adopted a target for the number of new households the City must plan for by the year 2010. Smaller single family lot sizes are one way to continue Kent's commitment to single family neighborhoods while accommodating a portion of the City's expected growth. Although Kent's Single Family zoning districts are low density by definition, the subject property is in an area where medium or high density housing would probably not be compatible. A substantial portion of the undeveloped residential land in the City has some type of significant environmental constraints attached to it. The vicinity of the subject property is one of the few areas where there are few development constraints involved, and urban services and facilities are readily available. For this reason, there have been several Final Plats recorded in the vicinity since this area was annexed to the City. The Eastwood Plat, located on 4.36 acres at 100th Avenue SE and SE 244th Street, created 21 single family lots. The Hemlock Acres No. 19 Plat, located on 3.66 acres along the east side of 112th Avenue SE, and 650 feet north SE 240th Street, created 14 single family lots. The Canterbury Place Plat, located on 4.51 acres north of 10 Staff Report Top of the Hill Rezone #RZ-93-4 SE 248th Street between 98th Avenue S. and 100th Avenue S., created 15 single family lots. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Department Comment The proposed rezone is consistent with the intent of the City-wide Comprehensive Plan, the East Hill Plan and meets the standards of other City Codes and Ordinances. As a result the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Subsequent action on the site will have to meet applicable codes, regulations, and processes. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL of the Top of the Hill Rezone request. KENT PLANNING DEPARTMENT January 24, 1994 c:rz934.rpt 11 City of Kent - Planning Department APPLICATION NAME: Top of the Hill NUMBER: #RZ-93-4 REQUEST: Rezone Zoning / Topography DATE: February 2, 1994 LEGEND Application site ® Zoning boundary Kent City Limits city of Kent - Planning Department APPLICATION NAME: Top of the Hill NUMBER: #RZ-93-4 REQUEST: Rezone Vicinity Map DATE: February 2, 1994 A . LEGEND Application site 1--i i Railroad tracks ' ' ' ' Kent City Limits APPLICATION NUMBER: REQUEST: Site Plan NAME: # RZ-93-4 Rezone Top of the Hill DATE: February 2, 1994 �. LEGEND Application site Railroad tracks 1. SUBJECT: SHARP ANNEXATION (AN -94-2) 2./ SUMMARY STATEMENT r with the initiato of approximately boundary, lying e S.E. 240th Street S.E. 248th Street the 10% annexatio proposed boundari rights-of-way for they are adjacent staff recommends 60% petition subj Kent City Council Meeting Date March 15. 1994 Category Other Business This date has been set for a meeting N rs of the Sharp Annexation (AN -94-2), an area 80 acres located adjacent to Kent's easterly asterly and adjacent to 116th Avenue, south of westerly of 120th Avenue S.E., and north of Staff recommends that the Council accept n petition and geographically modify the es by extending them to include all of the 120th Avenue S.E. and S.E. 248th Street where to the proposed annexation. In addition, that the Council authorize circulation of the ect to the City's existing indebtedness., 3. EXHIBITS: Staff report, vicinity maps, and notice of intention to commence 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ----' YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended go WA EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember�/1/7 moves, Council member �O/1,0 seconds accept the 10% annexation petition and geographically modify the proposed boundaries by extending them to include all the rights-of-way for 120th Avenue S.E. and S.E. 248th Street where they are adjacent to the proposed annexation, and to authorize circulation of the 60% petition subject to the City's existing indebtedness. � /i , ✓moo 1--� '-7 2 --( 02 v �/ l 4V y 1 DISCUSSION: ACTION: council Agenda Item No. 4B CITY OF J_Q�Ljn4T PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM March 8, 1994 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: SHARP ANNEXATION: NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS FROM OWNERS OF NOT LESS THAN 10 PERCENT IN VALUE OF PROPERTY ADJACENT TO KENT (#AN -94-2) MEETING DATE: TUESDAY, MARCH 15, 1994, 7:00 P.M. AT RENT CITY HALL IN CHAMBERS WEST RECOMMENDATION: Staff recommends that the Council accept the 10 percent annexation petition and geographically modify the proposed boundaries by extending them to include all of the rights-of-way for 120th Avenue SE and SE 248th Street where they are adjacent to the proposed annexation. In addition the staff recommends that the Council authorize circulation of the 60 percent petition subject to the City's existing indebtedness. I. Names of Applicant Thomas N. Sharp 11126 SE 256th Street Kent, WA 98032 II. Location The proposed annexation is located adjacent to Kent's eastern boundary and lies easterly and adjacent to 116th Avenue, south of SE 240th Street, westerly of 120th Avenue SE and north of SE 248th Street (see attached map). III. Size of Proposed Annexation 80 Acres; 24 parcels; 12 residential units; population is 28. IV. Background Information This proposed annexation extends approximately 1,300 feet easterly of the existing City boundary on 116th Avenue SE. The areas north of 240th Street and south of SE 248th Street will remain under King County jurisdiction. There are approximately 12 dwellings, one church and 22 lots in the annexation area. 1 Memo To: Mayor Jim White and City Council Members Subject: Sharp Annexation #A N-94-2 V. County Comnrehensive Plan and Zoning The County's recently adopted Soos Creek Plan designates the Sharp Annexation area as single family residential, 1 to s dwelling units per acre. The Soos Creek implementing zoning designates this area as GR -5, Growth Reserve with a minimum of 1 dwelling unit per 5 acres. This zoning designation is temporary and will automatically revert to two different zoning districts on December 31, 1994. The area adjacent to SE 240th Street will become RM 2400-P, medium density multiple dwelling, 1 unit per 2.400 square feet. The rest of the area will become RS -7200-P, Single Family, 1 unit per 71200 Square Feet. VI. Kent's East Hill Plan and Zonincr Kent's East Hill Plan covers this area and anticipates development of 4 to 6 dwelling units per acre. Kent's zoning for the area westerly of the proposed annexation is R1-12, Single Family Residential, 12,000 square feet minimum lot area. The Sharp annexation will have an interim zoning of R1-20 upon annexation; final zoning will be applied within 6 months of annexation. VII. Impacts to City Operations All City departments were contacted concerning this proposed annexation. The Kent Fire Department states that: Currently the area is served by King County Fire District #37 through the Kent Fire Department. Overall the department continues to experience a significant number of calls for service. While similar annexations may not bring immediately noticeable changes, a more dense development of these areas will most certainly place added demands on the emergency service system. The immediate impact of this annexation is on the shifting of the related revenue and the responsibility for funding this areas current level of service from the Fire District to the City. As the land becomes more developed, the effects of small annexations, such as this, along with other increased development throughout the City will 2 Memo To: Mayor Jim White and City Council Members Subject: Sharp Annexation #AN -94-2 necessitate adding staff to maintain current service levels. The Public Works Department states that based upon field inspection, we would expect an annual cost of $3,228 in regular maintenance. Field inspection also indicated the area would need an overlay in approximately 7 years at a cost of $40,355 with $5,765 reserved each year to cover these costs." Ultimate Police Department costs would exceed $45,000 and would require one full time equivalent officer, if the annexation area develops in a residential manner similar to other residential areas. It is not known at what time the annexation area might become fully developed. VIII. Financial Information The assessed valuation for the Sharp annexation is $4,366,854. Estimated total annual revenue is $32,097, while estimated total annual expenditures are $19,362. IX. City Annexation Policies In 1987 the City Council adopted policies that deal with annexations (Resolution 1150). A review of those policies indicates that the Sharp annexation satisfies their intent. One of the conditions is that annexations have square boundaries. ch:an942.mem 3 City of Kent - Planning Department L•' r- o`J M � S STYZE� ag � ;Irk I�llll�� i a iMMOpOj�! ► �� aq''I Alu 0111 a U..% ^Qy�9`J� �7 ppna Q 'a • e###0043 e d " nw N4 a gyp 7'j O000 pyo^oo 0 Q�� To7 090 0 Vp> °ese 233wbs� 0�-o a foo v 7 d o °•O=3� YSS�R X53 9 0 o Jo^ Qon coon -000 o °_° ° 0 o °P r . °9Zq "7 °E 4H �T A? a Q O �°RY wm0 J� W ° �c E°2<eTH a7 e• g'9 w vi c L a a m • �^ r � asaeas:eo s� e i ea 3 'ea •-i v g •�° •� �� oma � � •v vpd % IS Fav: 0 C r' ooeed pp,, �•I 3,•y vl a ,y - I �'+S� •mwao a •N� � �nl 6 � •i anvo's+o •'�` APPLICATION NAME: Sharp Annexation NUMBER: #AN -94-2 REQUEST: ANNEXATION Vicinity Map LEGEND Application site Kent City Limits A R i -: 2 1994 U �NN1i:G DEPRRTPdENi CITY OF KENT RECEIVED PROPEI?Ty MANAGEMENT DAT C/ - MAIL T0: "''""---- City of Kent Property Management 220 4th Avenue South Kent, WA 98032 Attn: Jerry McCaughan NOTICE OF INTENTION TO COMMENCE Be E (I M � D . ANNEXATION PROCEEDINGS l_5 elf FEB- 1 x`'44 NAME OF PETITIONER: /X/tim�: /e/ JiY 4110 Cj-Ty CF K 11" TO: THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON We, the undersigned, constituting the owners of not less than 10% in value, according to the assessed valuation for general taxation of the property contiguous to the City of Kent for which annexation is to be petitioned do hereby notify you of our intention to commence annexation proceedings seeking the annexation of the following described property to the City Of Kent, by circulating a petition therefore among the property owners Of said area. The territory proposed to be annexed is within King County, Washington, and described as follows: ZZ fid, 5_��. 76 GJ %f/_ % 1-26e deal J f ,� i G 711 R11411A.' Cr SrrG'.if cj �d �'rdis'iGvJ ABOVE OR ATTACHED DESCRIPTION NOT TO BE USED FOR LEGAL OR ORDINANCE PURPOSES WHEREFORE, these initiating parties respectfully request the Honorable Council to set a date for a meeting with these initiating Parties within 60 days from the date of filing this notice to determine whether the City Of Kent will accept the proposed annexation, and whether it shall require the assumption of existing City indebtedness by the area to be annexed. M592 IA RECEIVED PROPERTY MANAGEMENT DATE S h X /F ZX City of Kent - Planning Department APPLICATION NAME: Sharp Annexation NUMBER: #AN -94-2 REQUEST: ANNEXATION Topography Map LEGENDAL Application site Kent City Limits 0 ICA) . Kent City Council Meeting Date March 15, 1994 Category Other Business 1. SUBJECT: CASCADE DEVELOPMENT COMPANY - RESOLUTION APPROVING SECOND SUPPLEMENTAL INDENTURE 2. SUMMARY STATEMENT: 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 Development 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 expected to consider this request prior to the Council meeting.> 3. EXHIBITS: Proposed resolution, Economic Development Corporation resolution, Second Supplemental Indenture 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_41ty moves, Councilmember seconds adopt Resolution No. Lj%Q approving a second supplemental indenture for Cascade Development Company as obligor on bonds issued through the City of Kent Economic Development Corporation. DISCUSSION: ACTION: Council Agenda Item No. 4C RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENT, WASEINGTON, APPROVING EXECUTION AND DELIVERY BY THE CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION OF A SECOND SUPPLEMENTAL INDENTURE OF TRUST PREPARED IN CONNECTION WITH ITS FLOATING/FIXED RATE INDUSIMAL DEVELOPMENT REVENUE BONDS, SERIES 1935 (CASCADE DEVELOPMENT COMPANY PROJECT) CITY OF KENT, WASENGTON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: WHEREAS, the City of Kent Economic Development Corporation (the "Issuer") is a public corporation created by the City of Kem, Washington (the "City"), pursuant to chapter 39.84 RCW, as amended (the "Act"); WHEREAS, the Issuer is authorized pursuant to the Act to issue its nonrecourse revenue bonds for the purpose, among others, of financing the cost of acgmring, constructing, equipping and installing "industrial development facilities," as defined in the Act; WHEREAS, on April 22, 1985, the Board of Directors of the Issuer adopted Resolution No. 1985-22 authorizing the financing of the acquisition, construction, equipping and installing of certain industrial development facilities and the issuance of $30750,000 principal amount of the Issuer's nonrecourse revenue bonds designated as Floatinl;Tmed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project) (the "Bonds") and the loan of the proceeds of the Bonds to Cascade Development Company (the "Company") pursuant to a Loan Agreement dated as of April 1, 1985, by and between the Issuer and the Company (the "Loan Agreement"); WHEREAS, the Issuer, Union Ba* formerly, California First Bank, as Trustee (the "Trustee") and J. Henry Schroeder Bank & Trust Company, as the Paying Agent/Registrar (the "Paying Agent/Registrar") entered into an Indenture of Trust (the "Indenture") dated as of April 1, 1985, providing for the issuance by the Issuer of the Bonds and the security for payment by the Issuer of the principal of, premium, if any, and interest on the Bonds; WHEREAS, on April 21, 1986, the Board of Directors of the Issuer adopted Resolution No. 1986-43 authorizing the execution and delivery of a First Supplemental Indenture of Trust dated as of April 1, 1986 (the "Supplemental Indenture"); WHEREAS, the Company and the Issuer (at the request of the Company) desire to effect certain amendments to the Supplemental Indenture to reduce the notice period in Section 4.07(C) of the Supplemental Indenture born 45 days to 30 days; WHEREAS, the Issuer, the Trustee and the Paying Agent/Registrar have caused a Second Sutmlemental Indenture of Trust (the "Second Supplemental Indenture") dated as of March 1, 1994, to be prepared to accomplish the amendments to the Supplemental Indenture desired by the Company, WHEREAS, the Trustee, as Trusteo for the Bonds, the Credit Bank as issuer of the Letter of Credit and the Company have each consented in writing to the execution and delivery of the Second Supplemental Indenture and the Lessee of the Project has been given notice thereof, WHEREAS, Bond Counsel have delivered to the Issuer, Trustee, the Company, and the Credit Bank their opinion that the Second Supplemental Indenture is authorized and permitted by the Indenture and the Act and comply with the respective terms thereof, will, upon execution and delivery hereof; be valid and binding upon the Issuer in accordance with its terms, and will not adversely affect the exemption from federal income taxation of interest on the Bonds; and WHEREAS, the Act requires the City to approve by resolution any agreement by the Issuer to issue bonds. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: Section 1. The City hereby approves the form of and the execution and delivery by the Issuer of the Second Supplemental Indenture of Trust dated as of March 1, 1994, among the Issuer, the Trustee and the Paying Agent/Registrar. The foregoing resolution was adopted by the City Council of the City of Kent, Washington, and approved by the Mayor, at a regular open public meeting this 15th day of March, 1994. CITY OF KENT, King County, Washington Jim White, Mayor ATTEST: Brenda Jacober, City Clerk FORM APPROVED: Roger Lubovieh, City Attorney 8593340;«10 CERTIFICATE I, Brenda Jacober, duly appointed and acting Clerk of the City of Kent, Washington (the "City"), do hereby certify that the foregoing resolution is a full, true and correct copy Of Resolution No. , duty adopted at a regular open meeting of the City duly noticed and held at the regular meeting place thereof held on Manch 5 1994, of which meeting all 1 members of said City Council had due notice and at which a n4orlty thereof was present; and that at said meeting said resolution was adopted by the following vote. AYES, and in favor thereof, NOES, ABSENT, ABSTAIN, I further certify that I have carefully compared the same with the original resolution on file and of record in my office; that said resolution is a full, true and correct copy of the original resolution adopted at said meeting; and that said resolution has not been amended, modified or rescinded since the date of its adoption, and is now in full Evros and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this 15th day of March, 1994. Clerk of the City (SEAL) btIYI bY.�B K: S LJ:. J n ZnY r -E., S `"Q;e' :0r, 4.C+ 859334041 2 CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION to UNION BANK Formerly, California First Bank, as Trustee and J. HENRY SCHRODER BANK & TRUST COMPANY, as Paying Agent/Registrar SECOND SUPPLEMENTAL INDENTURE OF TRUST DATED AS OF MARCH 1, 1994 $3,750,000 City of Kent Economic Development Corporation Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project) SECOND SUPPLEMENTAL INDENTURE OF TRUST This Second Supplemental Indenture of Trust, made and dated as of the fust day of March, 1994, by and among the City of Kent Economic Development Corporation (the "Issuer"), a public corporation of the State of Washington (the "State"), acting by and through its board of directors, having its principal office at 220 Fourth Avenue South, Kent, Washington 98032-5895; Union Bank, formerly, California Fant Bank, a banking corporation, organized and existing under the laws of the State of California, with its principal corporate trust office at San Diego, California, as trustee (the "Trustee"), and J. Henry Schroder Bank & Trust Company, a bank and trust company organized and existing under the laws of the State of New York, with itsgrin i al offices in New York, New York (the "Paying Agent/Registrar"). WITNESSETH THAT: WHEREAS, an Indenture of Trust (the "Indenture") was previously entered into between the Issuer, the Trustee and the Paying Agent/Registrar dated as of April 1, 1985, pursuant to which the Issuer authorized the issuance of its Three Million Seven Hundred Fifty Thousand Dollars principal amount nonrecourse revenue bonds designated as Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project) (the "Bonds"), and WHEREAS, the Indenture permits the adoption of supplemental indentures to amend the Indenture so long as the provisions of Section 12.03 are complied with; and WHEREAS, the Indenture was supplemented in accordance with Section 12.03 pursuant to the terms of a First Supplemental Indenture of Trust dated as of April 1, 1986 (the "Supplemental Indenture") by and among the Issuer, the Trustee and the Paying Agent/Registrar, and WHEREAS, the Issuer has requested the Trustee to enter into a second supplemental indenture for one of the purposes set forth in Section 12.03, namely to reduce the notice requirement relating to the optional redemption of the Bonds from 45 days to 30 days; and WHEREAS, the conditions precedent to the adoption of a supplemental indenture of trust have been met; NOW, THEREFORE, THIS SECOND SUPPLEMENTAL INDENTURE OF TRUST WITNESSETH: Sectionj. Section 4.01(C) of the Supplemental Indenture is hereby amended to read as follows: 5ENT BY;Perkins Core 5EA' 3-11-94 ; 8:10AM ;Perkins Reception 44, 8593340;4 4 (C) eauent Fixed Rate Periods. Dung any Fixed Rate Period beginning on or after May 1, 1991, the Bonds shall be subject to redemption in whole or in part on any interest Payment Date occurring during such Fixed Rate Period by the Issuer, at the option of the Company, at redemption prices (expressed as percentages of between one hundred percent (1000%) and one hundred and three percent (10301c) of the principal amount to be redeemed as determined by the Remarketing Agent in connection with the remarketing of the Bonds) plus accrued interest to the redemption date solely from Available Moneys, upon receipt by the Trustee no fewer than thirty (30) -lam (43) days before such redemption date of a written direction from the Company stating that it intends to exercise its option to prepay the payments due under the Loan Agreement in whole or in part and thereby effect redemption of such Bonds. Section 2. Countemarts. This Second Supplemental Indenture may be simultaneously executed in several counterparts, each of which shall be an original and au of which shall constitute but one and the same instrument. Section 3• Aanlicab'inv of the Second SrggIemental Indenture. Except as hereby modified, the terms and conditions of the Second Supplemental Indenture shall remain in fiill force and effect. Section 4. Controlling Provisions. Any conflicting provisions between the Indenture, the Supplemental Indenture and this Second Supplemental Indenture shall be resolved in accordance with the Second Supplemental Indenture. IN WITNESS WHEREOF, the City of Kent Economic Development Corporation has caused this First Supplemental Indenture of Trust to be signed in its name and behalf by the Chairman of its Board of Directors and attested by the Secretary of its Board of Directors, and to evidence their acceptance of the trusts hereby created, Union Bank, formerly, California First Bank has caused these presents to be signed in its name and behalf by its duly authorized officer, and J. Henry Schroder Bank & Trust Company has caused these presents to be signed in its name and behalf by its duly authorized officer, as of the date first above written. CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION By: ATTEST: Secretary Chairman SLNI J. HENRY SCHRODER BANK & TRUST COMPANY 0 UNION BANK By: SENT BY:Perkins Coie SEATTLE STATE OF WASHINGTON ) } COUNTY OF KING ) On this _ day of , 1994, before me, the undersigned Notary Public in and for the State of Washington, personally appy and to me known to be the Chairman and Secretary, respectively, of the City of Kent Economic Development Corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the fret and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: STATE OF NEW YORK ) COUNTY OF NEW YORK ) On this _ day of , 1994, before me, the undersigned Notary Public in and for the State of New York, personally appeared , to me known to be the , of J. Henry Schroder Bank & Trust Company, the corporation that executed the foregoing instrument, and acknowledged the aid instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of New York, residing at My appointment expires: SENT BY:"Wernsns G�ie SEr.' �.e�ep'.-on 44.- 8593340'9 7 STATE OF CALIFORNIA ) COUNTY OF ) On this ` day of 1994, before me, the undersigned Notary Public in and for the State of California, personally appeared known to be theto me of Union Bank, the banking association that executed the foregoing instrument, and --acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. written. WITNESS my hand and official seal hereto affixed the day and year first above NOTARY PUBLIC in and for the State of California, residing at My appointment expires: SENT BY�Pe-kirs �:y -- 8593340.411 RESOLUTION No. 1994- A RESOLUTION OF THE CTTY OF KENT ECONOMIC DEVELOPMENT CORPORATION APPROVING A SECOND SUPPLEMENTAL INDENTURE OF TRUST DATED AS OF MARCH 1, 19941 RELATING TO TTS 539750,000 FLOATING/FWD RATE INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (CASCADE DEVELOPMENT COMPANY PROJECT), AND AUTHORIZING TBE EXECUTION AND DELIVERY OF THE SECOND SUPPLEMENTAL INDENTURE OF TRUST BY THE CHAIRMAN AND SECRETARY OF THE CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION, as follows: WHEREAS, the City of Kent Economic Development Corporation (the "Issuer") is a public corporation created by the City of Kent, Washington (the "City"), pursuant to chapter 39.84 RCW, as amended (the "Act"); WHEREAS, the Issuer is authorized pursuant to the Act to issue its nonrecourse revenue bonds for the purpose, among others, of financing the coat of acquiring, constructing, equipping and installing "industrial development facilities," as defined in the Act; WHEREAS, on April 22, 1985, the Board of Directors of the Issuer adopted Resolution No. 1985-22 authorising the financing of the acquisition, construction, equipping and installing of certain industrial development facilities and the issuance of 53,750,000 principal amount of the Issuees nonrecourse revenue bonds designated as Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project) (the "Bonds") and the loan of the proceeds of the Bonds to Cascade Development Company (the "Company") pursuant to a Loan Agreement dated as of April 1, 1985, by and between the Issuer and the Company (the "Loan Agreement"); WHEREAS, the Issuer, Union Bank, formerly, California First Bank, as Trustee (the "Trustee") and 1. Henry Schroeder Bank & Trust Company, as Paying Agent/Registrar (the "Paying Agent/Registrar") entered into an Indenture of Trust (the "Indenture") dated as of April 1, 1985, providing for the issuance by the Issuer of the Bonds and the security for payment by the Issuer of the principal of, premium, if any, and interest on the Bonds; WHEREAS, on April 21, 1986, the Board of Directors of the Issuer adopted Resolution No. 198643 authorizing the execution and delivery of a First Supplemental Indenture of Trust dated as of April 1, 1986 (the "Supplemental Indenture"); JCiYI Di�e-Klf'.a WHEREAS, the Company and the Issuer (at the request of the Company) desire to effect certain amendments to the Supplemental Indenture to reduce the notice period in Section 4.07(C) of the Supplemental Indenture from 45 days to 30 days; WHEREAS, the Issuer and the Trustee have caused a Second Supplemental Indenture of Trust (the "Second Supplemental Indenture") dated as of March 1, 1994, to be prepared to accomplish the amendment to the Supplemental Indenture desired by the Company; and WHEREAS, the Trustee, as Trustee for the Bonds, the Credit Bank as issuer of the Letter of Credit and the Company have each consented in writing to the execution and delivery of the Second Supplemental Indenture and the Lessee of the Project has been given written notice thereof; and WHEREAS, Bond Counsel have delivered to the Issuer, the Trustee, the Company, and the Credit Bank their opinion that the Second Supplemental Indenture is authorized and permitted by the Indenture and the Act and comply with the respective terms thereof; will, upon execution and delivery hereoA be valid and binding upon the Issuer in accordance with its terms, and will not adversely affect the exemption from federal income taxation of interest on the Bonds. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: Section 1. The Issuer hereby approves the amendment to the Supplemental Indenture relating to its Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1995 (Cascade Development Company Project) in the form of a Second Supplemental Indenture of Trust dated as of March 1, 1994, among the Issuer, the Trustee and Paying Agent/Registrar, a COPY of which has been presented to and reviewed by the Board of Directors of the Issuer and is attached hereto. Section 2. The Chairman and Secretary of the Issuer are hereby authorized and directed to execute, for and on behalf of the Issuer, and deliver to the parties entitled to executed copies of the same, the Second Supplemental Indenture with such additions, deletions and modifications, if any, as are deemed by the Chairman or the Secretary to be in the best interest of the Issuer, and consistent with the purposes thereof. ADOPTED by the Board of Directors of the City of Kent Economic Development Corporation, at a special meeting this 1Sth day ofMarch I994. ATTEST: Brenda Jacober, Secretary CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION By Jon Johnson, Chairman CERTIFICATE I, Brenda Jacober, duly appointed and acting Secretary of the Board of Directors (the "Board") of the City of Kent Economic Development Corporation (the 'Issuer"), do hereby certify that the foregoing resolution is a full, true and correct copy of Resolution No. 94-` duly adopted at a special meeting of the Board duly noticed and held at the regular meeting place thereof held on March 15, 1994, of which meeting all members of said Board had due notice and at which a majority thereof was present; and that at said meeting said resolution was adopted by the following vote: AYES, and in favor thereof, Directors: NOES, Directors: ABSENT, Directors: ABSTAIN, Directors: I further certify that I have carefully compared the same with the original resolution on file and of record in my office; that said resolution is a full, true and correct copy of the original resolution adopted at said meeting; and that said resolution has not been amended, modified or rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Issuer this 15th day of March, 1994. -V (SEAL) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, APPROVING EXECUTION AND DELIVERY BY THE CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION OF A SECOND SUPPLEMENTAL INDENTURE OF TRUST PREPARED IN CONNECTION WITH ITS FLOATING/FIXED RATE INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (CASCADE DEVELOPMENT COMPANY PROJECT) CITY OF KENT, WASHINGTON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: WHEREAS, the City of Kent Economic Development Corporation (the "Issuer") is a public corporation created by the City of Kent, Washington (the "City"), pursuant to chapter 39.84 RCW, as amended (the "Act"); WHEREAS, the Issuer is authorized pursuant to the Act to issue its nonrecourse revenue bonds for the purpose, among others, of financing the cost of acquiring, constructing, equipping and installing "industrial development facilities," as defined in the Act; WHEREAS, on April 22, 1985, the Board of Directors of the Issuer adopted Resolution No. 1985-22 authorizing the financing of the acquisition, construction, equipping and installing of certain industrial development facilities and the issuance of $3,750,000 principal amount of the Issuer's nonrecourse revenue bonds designated as Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project) (the "Bonds") and the loan of the proceeds of the Bonds to Cascade Development Company (the "Company") pursuant to a Loan Agreement dated as of April 1, 1985, by and between the Issuer and the Company (the "Loan Agreement"),- WHEREAS, greement");WHEREAS, the Issuer, Union Bank, formerly, California First Bank, as Trustee (the "Trustee") and IBJ Schroder Bank and Trust Company, formerly, J. Henry Schroder Bank and Trust Company, as the Paying Agent/Registrar (the "Paying Agent/Registrar") entered into an Indenture of Trust (the "Indenture") dated as of April I, 1985, providing for the issuance by the Issuer of the Bonds and the security for payment by the Issuer of the principal of, premium, if any, and interest on the Bonds; WHEREAS, on April 21, 1986, the Board of Directors of the Issuer adopted Resolution No. 1986-43 authorizing the execution and delivery of a First Supplemental Indenture of Trust dated as of April 1, 1986 (the "Supplemental Indenture"); WHEREAS, the Company and the Issuer (at the request of the Company) desire to effect certain amendments to the Supplemental Indenture namely to reduce the notice period in Section 4.07(C) of the Supplemental Indenture from 45 days to 30 days; 01579-0014/SB940680.255 WHEREAS, the Issuer, the Trustee and the Paying Agent/Registrar have caused a Second Supplemental Indenture of Trust (the "Second Supplemental Indenture") dated as of March 1, 1994, to be prepared to accomplish the amendments to the Supplemental Indenture desired by the Company; WHEREAS, the Trustee, as Trustee for the Bonds, the Credit Bank as issuer of the Letter of Credit and the Company have each consented in writing to the execution and delivery of the Second Supplemental Indenture and the Lessee of the Project has been given notice thereof, WHEREAS, Bond Counsel have delivered to the Issuer, Trustee, the Company, and the Credit Bank their opinion that the Second Supplemental Indenture is authorized and permitted by the Indenture and the Act and comply with the respective terms thereof, will, upon execution and delivery hereof, be valid and binding upon the Issuer in accordance with its terms, and will not adversely affect the exemption from federal income taxation of interest on the Bonds; and WHEREAS, the Act requires the City to approve by resolution any agreement by the Issuer to issue bonds. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: Section 1. The City hereby approves the form of and the execution and delivery by the Issuer of the Second Supplemental Indenture of Trust dated as of March 1, 1994, among the Issuer, the Trustee and the Paying Agent/Registrar. The foregoing resolution was adopted by the City Council of the City of Kent, Washington, and approved by the Mayor, at a regular open public meeting this 15th day of March, 1994. CITY OF KENT, King County, Washington Jim White, Mayor ATTEST: Brenda Jacober, City Clerk 01579-0014/SB940680.255 -2- FORM APPROVED: Roger Lubovich, City Attorney 01579-0014/SB940680?55 -3- RESOLUTION NO. 1994 -tea _`j� A RESOLUTION OF THE CITY OF KENT ECON01V1 DEVELOPMENT CORPORATION APPROVING A SECO SUPPLEMENTAL INDENTURE OF TRUST DATED AS OF MARCH 19 1994, RELATING TO ITS $39750,000 FLOATING/FIXED RATE INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (CASCADE DEVELOPMENT COMPANY PROJECT), AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SECOND SUPPLEMENTAL INDENTURE OF TRUST BY THE CHAIRMAN AND SECRETARY OF THE CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION, as follows! WHEREAS, the City of Kent Economic Development Corporation (the "Issuer") is a public corporation created by the City of Kent, Washington (the "City"), pursuant to chapter 39.84 RCW, as amended (the "Act"),- WHEREAS, Act"); WHEREAS, the Issuer is authorized pursuant to the Act to issue its nonrecourse revenue bonds for the purpose, among others, of financing the cost of acquiring, constructing, equipping and installing "industrial development facilities," as defined in the Act; WHEREAS, on April 22, 1985, the Board of Directors of the Issuer adopted Resolution No. 1985-22 authorizing the financing of the acquisition, construction, equipping and installing of certain industrial development facilities and the issuance of $3,750,000 principal amount of the Issuer's nonrecourse revenue bonds designated as Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project) (the "Bonds") and the loan of the proceeds of the Bonds to Cascade Development Company (the "Company") pursuant to a Loan Agreement dated as of April 1, 1985, by and between the Issuer and the Company (the "Loan Agreement"); WHEREAS, the Issuer, Union Bank, formerly, California First Bank, as Trustee (the "Trustee") and IBJ Schroder Bank and Trust Company, formerly, J. Henry Schroder Bank and Trust Company, as Paying Agent/Registrar (the "Paying Agent/Registrar") entered into an Indenture of Trust (the "Indenture") dated as of April 1, 1985, providing for the issuance by the Issuer of the Bonds and the security for payment by the Issuer of the principal of, premium, if any, and interest on the Bonds; WHEREAS, on April 21, 1986, the Board of Directors of the Issuer adopted Resolution No. 1986-43 authorizing the execution and delivery of a First Supplemental Indenture of Trust dated as of April 1, 1986 (the "Supplemental Indenture"); 01579-0014158940680.253 WHEREAS, the Company and the Issuer (at the request of the Company) desire to effect certain amendments to the Supplemental Indenture namely to reduce the notice period in Section 4.07(C) of the Supplemental Indenture from 45 days to 30 days; WHEREAS, the Issuer and the Trustee have caused a Second Supplemental Indenture of Trust (the "Second Supplemental Indenture") dated as of March 1, 1994, to be prepared to accomplish the amendment to the Supplemental Indenture desired by the Company; and WHEREAS, the Trustee, as Trustee for the Bonds, the Credit Bank as issuer of the Letter of Credit and the Company have each consented in writing to the execution and delivery of the Second Supplemental Indenture and the Lessee of the Project has been given written notice thereof; and WHEREAS, Bond Counsel have delivered to the Issuer, the Trustee, the Company, and the Credit Bank their opinion that the Second Supplemental Indenture is authorized and permitted by the Indenture and the Act and comply with the respective terms thereof, will, upon execution and delivery hereof, be valid and binding upon the Issuer in accordance with its terms, and will not adversely affect the exemption from federal income taxation of interest on the Bonds. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: Section 1. The Issuer hereby approves the amendment to the Supplemental Indenture relating to its Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project) in the form of a Second Supplemental Indenture of Trust dated as of March 1, 1994, among the Issuer, the Trustee and Paying Agent/Registrar, a copy of which has been presented to and reviewed by the Board of Directors of the Issuer and is attached hereto. Section 2. The Chairman and Secretary of the Issuer are hereby authorized and directed to execute, for and on behalf of the Issuer, and deliver to the parties entitled to executed copies of the same, the Second Supplemental Indenture with such additions, deletions and modifications, if any, as are deemed by the Chairman or the Secretary to be in the best interest of the Issuer, and consistent with the purposes thereof. ADOPTED by the Board of Directors of the City of Kent Economic Development Corporation, at a special meeting this 15th day of March 1994. CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION By ✓C Jon son, Chairma X ATTEST: ��� Secretary &criNG) 01579-0014/SB940680.253 -2- CERTIFICATE I, Brenda Jacober, duly appointed and acting Secretary of the Board of Directors (the "Board") of the City of Kent Economic Development Corporation (the "Issuer"), do hereby certify that the foregoing resolution is a full, true and correct copy of Resolution No. 94- duly adopted at a special meeting of the Board duly noticed and held at the regular meeting place thereof held on March 15, 1994, of which meeting all members of said Board had due notice and at which a majority thereof was present; and that at said meeting said resolution was adopted by the following vote: AYES, and in favor thereof, Directors: NOES, Directors: ABSENT, Directors: ABSTAIN, Directors: I further certify that I have carefully compared the same with the original resolution on file and of record in my office; that said resolution is a full, true and correct copy of the original resolution adopted at said meeting; and that said resolution has not been amended, modified or rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Issuer this 15th day of March, 1994. RcriuG Secretary, Board of Directors (SEAL) 0 1 579-00141S B940680.25 3 -3- CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION to UNION BANK Formerly, California First Bank, as Trustee SECOND SUPPLEMENTAL INDENTURE OF TRUST DATED AS OF MARCH 1, 1994 $3,750,000 City of Kent Economic Development Corporation Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project) 01226-0006/SB940690.106 SECOND SUPPLEMENTAL INDENTURE OF TRUST This Second Supplemental Indenture of Trust, made and dated as of the first day of March, 1994, by and between the City of Kent Economic Development Corporation (the "Issuer"), a public corporation of the State of Washington (the "State"), acting by and through its board of directors, having its principal office at 220 Fourth Avenue South, Kent, Washington 98032-5895 and Union Bank, formerly, California First Bank, a banking corporation, organized and existing under the laws of the State of California, with its principal corporate trust office at San Francisco, California, as trustee (the "Trustee"). WITNESSETH THAT: WHEREAS, an Indenture of Trust (the "Indenture") was previously entered into among the Issuer, the Trustee and the Paying Agent/Registrar dated as of April 1, 1985, pursuant to which the Issuer authorized the issuance of its Three Million Seven Hundred Fifty Thousand Dollars principal amount nonrecourse revenue bonds designated as Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985 (Cascade Development Company Project) (the 'Bonds"); and WHEREAS, the Indenture permits the adoption of supplemental indentures to amend the Indenture so long as the provisions of Section 12.03 are complied with; and WHEREAS, the Indenture was supplemented in accordance with Section 12.03 pursuant to the terms of a First Supplemental Indenture of Trust dated as of April 1, 1986 (the "Supplemental Indenture") by and among the Issuer, the Trustee and the Paying Agent/Registrar; and WHEREAS, the Issuer has requested the Trustee to enter into a second supplemental indenture for one of the purposes set forth in Section 12.03, namely to reduce the notice requirement relating to the optional redemption of the Bonds from 45 days to 30 days; and WHEREAS, the conditions precedent to the adoption of a supplemental indenture of trust have been met; NOW, THEREFORE, THIS SECOND SUPPLEMENTAL INDENTURE OF TRUST WITNESSETH: Section 1. Section 4.07(C) of the Supplemental Indenture is hereby amended to read as follows: (C) Optional Redemption During Subsequent Fixed Rate Periods. During any Fixed Rate Period beginning on or after May 1, 1991, the Bonds shall be subject to redemption in whole or in part on any Interest Payment Date occurring during such Fixed Rate Period by the Issuer, at the option of the Company, at redemption prices (expressed as percentages of between one hundred percent (100%) and one hundred and three percent (103%) of the principal amount to be redeemed as determined by the Remarketing Agent in 0 1 226-0006/SB940690.106 connection with the remarketing of the Bonds) plus accrued interest to the redemption date solely from Available Moneys, upon receipt by the Trustee no fewer than thirty30 eve (45) days before such redemption date of a written direction from the Company stating that it intends to exercise its option to prepay the payments due under the Loan Agreement in whole or in part and thereby effect redemption of such Bonds. Upon receipt of such written direction the Trustee shall immediately transmit notice of redemption to the Owners of the Bonds by facsimile in accordance with Section 4.13 of the Indenture. Section 2. Counterparts. This Second Supplemental Indenture may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 3. Applicability of the Second Supplemental Indenture. Except as hereby modified, the terms and conditions of the Second Supplemental Indenture shall remain in full force and effect. Section 4. Controlling Provisions. Any conflicting provisions between the Indenture, the Supplemental Indenture and this Second Supplemental Indenture shall be resolved in accordance with the Second Supplemental Indenture. IN WITNESS WHEREOF, the City of Kent Economic Development Corporation has caused this Second Supplemental Indenture of Trust to be signed in its name and behalf by the Chairman of its Board of Directors and attested by the Secretary of its Board of Directors, and to evidence their acceptance of the trusts hereby created, Union Bank, formerly, California First Bank has caused these presents to be signed in its name and behalf by its duly authorized officer, as of the date first above written. ATTEST: CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION By: Chai 'n UNION BANK ma 01226-00061SB940690.106 -2— Kent City Council Meeting Date March 15 1994 Category Bids i 1. SUBJECT: LID 344 - 108TH AVENUE SE & SE 240TH TRAFFIC SIGNAL 2. SUMMARY STATEMENT: The bid opening for this project was held on March 2nd with 6 bids received. The low bid was submitted by Breaker Construction, Inc. in the amount of $84,724.00. The engineer'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 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 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember folgan6n moved, Councilmember secondeJ 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. DISCUSSION: ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS MARCH 15, 1994 TO: Mayor & City Coun it FROM: Don Wickstrom,lic Works Director RE: LID 344 - Traffic Signal @ 108th Ave SE & SE 240th St Bid opening was March 2nd with six bids received. The low bid was submitted by Breaker Construction, Inc. in the amount of $84,724.00. It is recommended by the Public Works Director that this bid be accepted and the contract awarded to Breaker Construction, Inc. BID SUMMARY Breaker Construction, Inc. Service Electric Co. Primer Electric The V Company Signal Electric, Inc. Totem Electric of Tacoma Engineer's Estimate $84,724.00 $86,660.00 $88,193.00 $89,000.00 $89,000.00 $94,000.00 $100,000.00 I X ]AV H1tLi M x JAY I pylZi s . / z '3'9 3AY lCI 2( 35 ld d VuVv O Nzat # t 1_ Z IC ■a�N d{ t/i 3nv lsizl i 3s 3A of HI �.• o �rWl 3S 3AV 611" cr N FO Q �h / N N a %n w w W �s — w h h N tSAAi N1I1 t w g (nuc LO O 31 3" Hirt OT� N NCY a 3AY t- rA Mlsii ~ 1ST a (s ld HlrTj m a s, H1rIT �d Hl£II ®yw Q �2rr � Z 3$ 3AY Hifitl 111/17 3S 3AV H1Z11 QAd) tx 3S U 3s 3AV H1ITT '� L \0TH ~lot t 1 SE'C 0 , !f = H1601 i M Z f�• '�1 1 �, ~ 3AV H C - H ~ 3s 3AV KLMI N Y \� N 3S 3AV HIM a •• O A M N [16*111 « n 106 a c � =W¢ „� a = HZ a 14 M1rOT S 31 3AV HlrOI TF 3AV N a 4( J . N og N ' roT q W Irx -_ M 31 MY JIc b i� ZYZIO 3S 3A% GG lei! go w« t ua 44 31 3AV H10OT CO oe ■ - -- 3s 3Ar Hloa -- i I O M SiAY a r' JN) n r s 3Ham v S ,TA r s O T 3AV H1M •» .� .3;j:.• r N a • f � N • . • ,� AVE, :13AV t 3AY- -. y�{V� H19! 3AY Nlfi�p x�},�•!�id Hiss0il: . a 3AY Hlri lK j �tr� �aa�"Ts I ~'vSAV 00OM3'WVW% I Q IOlIZiI L1Y, r'i:� I M11A - iii KrM /. 7 114_�( Kent City Council Meeting Date March 15, 1994 Category Bids 1. SUBJECT: LID 342 - SMITH STREET SIDEWALKS, WASHINGTON AVENUE TO 64TH AVENUE 2. SUMMARY STATEMENT: The bid opening for this project was held on February 15th with 10 bids received. id was submitted by Mer -Con, Inc. in the amount of The engineer's estimate was $87,798.50. The project 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 recommended that this bid be accepted. 3. EXHIBITS: Public Works Director memorandum, Public Works Minutes and vicinity map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ Ci fl] EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember-Wkdn � moved, CouncilmemberiCJFMme secondtd AA"" x, that the contract for LID 342 Smith Street Sidewalksfbe awarded to Mer -Con, Inc. #� the laid amount of :�8z '� 8.21 93/.'70 DISCUSSION: ACTION: Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS FEBRUARY 282 1994 TO: PUBLIC WORK COMMITTEE FROM: DON WICKSTROMQ RE: LID 342 - SMITH STREET SIDEWALKS On 2/15/94 bids were opened on the above referenced project for which 10 bids were received. The low bid of $83,731.70 was submitted by Mer -Con, Inc. While the low bid is below the engineer's estimate of $87,798.50 the estimate did not correlate to the original estimated project budget. Said original was $96,926.50 with the final cost now being some $45,000 more or approximately $142,000. Of the $96,926.50, $30,000 was to be financed from the City's sidewalk fund with the balance funded via the LID. To fund the difference it is recommended that; 1) the Engineering estimated expenses be capped at $18,000 (saves $25,000); 2) $ , 00 be added to the project fund from the sidewalk to cover additional ADA cost requirements which were not anticipated when the project was formulated and, 3) finalize the LID at $81000 more than originally presented. With these funding changes, which do not require any formal Council action but are here for your understanding, the Public Works Department recommends awarding the contract to the low bidder. ACTION: Acknowledge the proposed funding scenario and recommend awarding LID ,#242 Smith Street Sidewalks to Mer -Con Inc., in the amount of $83,731.00 BID SUMMARY 1. Mer -Con, Inc. $83,731.10 2. Gary Merlino Const. 86,426.00 3. Rodarte Const. 89,695.50 4. Monarch Development 95,997.10 5. Klokstad Const. 99,752.75 6. Robinson Trucking 102,489.00 7. GMT, Inc. 114,686.00 S. CA Carey Corp 1261784.00 9. Zuluaga Const. 140,273.00 10. Westwater Const. 145,026.00 Engineer's Estimate 87,798.50 3IM Q am N r� 3AY • Q W K a � J � 4 5 3AY GNu K H V1 ' ? '1 0 \v H1 b9 S-3AV H1 99 S'3AV Hl vm 3AY ONE 7AV .... 1F - `I fAv NIH V.N ON[ N s ILLI f ��.. > 3AY j t 7Ak 3AY ILLI f 3Av N1I Hlf M �1 S Id lu-r s Q Q N HlI W ao o = a o - • O _ oDKio Z IAS J CDM/� r T ° �Y m 3Av N3QrM t 5 aNOf%1M1 �j u 3Av OyfO wo�T� Hl" sr� N HlI W N ten. 7 i = 3AY 3Av N3QrM �C aNOf%1M1 Nl N 1 M a [27 3AY /101��v M f S a cn`"d a� r. N �M N i r y a , Hl" sr� N W Hl" sr� LID 342 Smith Street Sidewalks Wickstrom stated we received 10 bids; the low bid was $83,731 and the engineer's estimate was $87,798. He said that although it all looks good, the budget was not nearly that amount. He said there was no relationship between the engineer's estimate and the budget, which resulted in a lack of about $45,000. He explained that our engineering was incorrect however we have taken steps to correct this, so we are capping out at $181000 for the total project. He explained that after we formulated the project and put it together, we found there were additional things to do in order to comply with ADA at a cost of about $12,000. He said in order to keep the LID cost as close as possible to the original amount, we would want to pick that up out of our sidewalk fund. Wickstrom said that if the Committee agreed, we would like to go ahead with the low bidder, Mer -Con, Inc. Committee unanimously recommended awarding LID 342 Smith Street Sidewalks contract to Mer -Con, Inc. in the amount of $83,731.00. 116th Avenue SE Road Improvements Wickstrom said this is an acceptance of a contract awarded to Lloyd Enterprises, Inc. for the amount of $339,273. and $370,959 was the actual construction cost. Wickstrom explained he brought it forward to the Committee because it is over the bid price. He explained that this is 116th and Kent Kangley just south of some plats that had commitments to participate but when they had County approvals, it became a mixture of various road designs that did not fit. Wickstrom said that this fits in with our 277th corridor project so we offered to build the road and let them pay us the difference. Wickstrom said that the overage is a result of the County Road Division wanting to add some fencing; clay lined ditches; and a retaining wall, after we had BALD plan approval. Committee unanimously recommended accepting the 116th Avenue Road Improvements as complete. Left Turn Lane - Willis & Bridges White said that accidents at this location during the last three years occurred between 10:00 a.m. and 8:00 p.m. and no other accidents occurred any other time of the day during the three year period. He said in answer to the question of individuals having a difficult time getting to Willis via Central Avenue, the accident history does not show a significant a.m. problem. He said the problems are occurring primarily between 2:00 p.m. and 6:00 p.m. White said we could install left turn restriction signs. DEPARTMENT OF PUBLIC WORKS MARCH 15 1994 TO: MAYOR & CITY C((OU� IL FROM: DON WICKSTROM 4J RE: LID 342 - SMITH STREET SIDEWALKS This is an amendment to the award of LID 342 Smith Street Sidewalks in that the low bid of $83,731.10 should be changed to $82,931.70. The difference of $800 is the cost for removing a sign in City right of way. As such, the property owner feels this is too costly and is removing the sign himself. ACTION: Recommend awarding LID 342, Smith Street Sidewalks, Schedule I, to Mer -Con, Inc. in the amount of $82,931.70. Counc1li�ember `��,'v move Councilmember second; that the contract for LID 342 Smith Street Sidewalks, Schedule I, be awarded to Mer -con, Inc. in the amount of $82,931.70. CONTINUED COMMUNICATIONS A. R E P O R T S COUNCIL PRESIDENT OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE (E.) PUBLIC SAFETY COMMITTEE F. PARKS G. ADMINISTRATIVE g; oaf, ,"vi Parks Committee Minutes March 1, 1994 Councilmembers Present: Christi Houser, Chair; Jim Bennett and Paul Mann. Staff Present: Others Present: See attached list. See attached list. DISTRIBUTION OF LONGEVITY PINS AND CERTIFICATES Mayor White congratulated those employees who received longevity awards for the year 1993. He also distributed pins and certificates to three employees whose 10 -year anniversary with the City was January 1994: Cheryl Fraser, Alex Jones, and Norm Reger. Mayor White said that many good things are happening in the City of Kent because of the employees and thanked the employees for their service. YOUTH/TEEN CENTER UPDATE Cheryl Fraser reported that the formal Youth/Teen Center report will be completed in a month. The Youth/Teen Center Task Force is revisiting two issues: 1) the concern that West Hill residents may not feel a part of the youth/teen center if the facility is built on the East Hill; and 2) the use of schools and whether this is a viable option. Ms. Fraser presented a drawing of the proposed 29,000 square foot Youth/Teen Center. A preliminary budget for operation of the Center is being reviewed by the Finance Department. Councilmember Bennett suggested that perhaps a youth/teen program could be offered at Sequoia Junior High two nights a week; at the Kent Commons two nights a week; and at Totem Junior High two nights a week. Ms. Fraser said that Project Lighthouse will address this idea at its next meeting. Councilmember Bennett commented that he spoke with Chief Crawford and Chief Angelo regarding possible use of the space adjacent to the fire training center on 248th and 116th for basketball hoops or a soccer field. Their concern is that the land was originally dedicated for future expansion for the fire department or for a police precinct. Councilmember Bennett felt that until such time as the Fire and Police Departments determine the use for the property, the site could be used for recreational purposes. ADDED ITEM: COMPLIMENTARY LETTER Councilmember Bennett shared a letter he received from the Windblower Good Sam Club, acknowledging Parks Department staff for the fine job being done clearing and cleaning up Lake Fenwick Park. The group felt the work is very professional and commended the maintenance crews involved in the cleanup. SATURDAY MARKET CONTRACT WITH KENT DOWNTOWN PARTNERSHIP Jerry Prouty explained that the Kent Downtown Partnership is proposing to co - manage the Saturday Market with the City of Kent and the existing Saturday Market Board. Both Mr. Prouty and Linda Johnson stressed that the Kent Downtown 2 Partnership does not intend to change the way the Saturday Market is being run. Both agreed the KDP's goal is downtown revitalization. The Kent Downtown Partnership will manage the day to day operation of the Saturday Market and will provide a monthly report to the City of Kent and consult with the City as needed. The KDP is working with Patrice Thorell to finalize a contract. Councilmember Bennett moved to have the Mayor sign a one year contract with Kent Downtown Partnership to run the Saturday Market. Councilmember Mann seconded. The motion passed unanimously. Councilmember Houser requested a monthly or bi-monthly report from the Saturday Market Advisory Board regarding how this is working. ORDINANCE REGARDING THE EVENING CLOSURE OF CITY PARKS Patrice Thorell explained that there has been considerable vandalism, assault, and more recently, arsons, in some of the parks. She said the purpose of the ordinance is to provide the Parks Department with maximum flexibility to state in the City's code that the regular park hours are from sunlight to sundown, and that parks are closed from dusk until dawn, or during those hours as otherwise posted by the City, except for activities authorized by the parks and recreation department. Ms. Thorell said that staff wants to have the ability to enforce the dusk to dawn park closure at those parks where there have been problems. She said the purpose of the ordinance is not to keep the users out of the parks but for safety reasons. Councilmember Bennett expressed concern that due to budget constraints, Parks Security was cut from the Parks Department budget and said this has put a strain on the Police Department. He recommended that staff revisit the security issue and look at a more effective security program. Patrice explained that the ordinance is on the March 1 Council agenda because there is a feeling of urgency to give the Police Department the authority to move in and take care of problems. Under the current ordinance, the Police Department cannot ask someone to leave a park until after 11:00 PM. Councilmember Mann moved to adopt Resolution No. 3158 regarding evening closure of City parks. Councilmember Bennett seconded. Councilmember Mann amended the motion to include the directive for staff to provide information to the Committee regarding security in the parks. The motion passed unanimously. PARKS COMMITTEE MEETING March 1, 1994 Attendance 12.1114, 13. 14 15 x 16 ��/1l ✓jam S '' �' �5 Z - � )i%�� 17. 19 20 DEE MoSCHEL 21.MmiCA MASSE'( 22. LEA SIS 1 -i -CP 23. JEA Irl PACU ETT SEn1(C)(2, CENTE2 SEN 10(z CE IN TE R, ,,A -LLE`( C)A I L� KEVE JS Name Address/Department Phone No. � ,ems PAe� In7r- 1. SC"�� 3 c, 7 9 Cry ✓4�N /JT l�0 Lk 7-6�(� Af 4. 5. '`��r E2 ��(rF ('pc.-r5� (C 3 1T]$ 6. gs �2 o tL �{M k R j -,41 P- � .CJ 7. / / I 8. Jawcs IPI*gk /;) 33 !yam 9.1�R1/SCR/NC BA//6iT000 c1cC RLN -j -4/A, Lj 7Z�—�j60Z 10 . �✓ U(L j�tCvw�- �S " �/t LP 11. �R�� /Ll�� / /� �nv4 A�`�/CS/P�?cic �✓� 12.1114, 13. 14 15 x 16 ��/1l ✓jam S '' �' �5 Z - � )i%�� 17. 19 20 DEE MoSCHEL 21.MmiCA MASSE'( 22. LEA SIS 1 -i -CP 23. JEA Irl PACU ETT SEn1(C)(2, CENTE2 SEN 10(z CE IN TE R, ,,A -LLE`( C)A I L� KEVE JS PARKS COMMITTEE MEETING March 11 1994 Attendance Name Address/Department Phone No. 1. 'P,4UL MoPZFCr2.D 2. HEL_Eft( " I N 3 . p�---r 2.i CE i 1012 Elm 2P4ICS --F cm m BiQU8A K(E2 Ai Too -(To 5. M,4 MiLLe2 FIN CC 6. (PAM Ru►nom P.42KS /4DMt►�I 7. 8.- 9.- lo.. .9.10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. BRENDA JACOBER (please put in Council agenda CITY COUNCIL PLANNING COMMITTEE February 15, 1994 4:00 PM Committee Members Present Leona Orr, Chair Jon Johnson Tim Clark Planning Staff Jim Harris Margaret Porter Fred Satterstrom Kevin O'Neill City Attorney's Office Laurie Evezich Other City Staff GROWTH MANAGEMENT UPDATE (F Satterstrom) REGIONAL UPDATE packet) County -Wide Planning Policies - Draft Environmental Impact Statement DEIS Planning Manager Fred Satterstrom is currently reviewing the Supplemental Draft Environmental Impact Statement (DEIS) for the County -Wide Planning Policies that was issued on January 12, 1994. Urban Centers as part of DEIS• In September 1992, the Council adopted and nominated the City of Kent for consideration by the county as an "urban center". The urban center designation was also adopted as planning goals. This draft EIS evaluates a couple of regional alternatives that examine how development would be if it occurred under an Eight (8) -Centers Alternative, which does not include Kent, or a Fourteen(14)-Centers Alternative, which does include Kent. The Cities that nominated themselves have been meeting on a committee called "Urban Centers Committee". This was a way for the County to work with cities to set up population targets. Every County in the state that are planning under GMA must accommodate 20 years of population growth out to the year 2010. The State Office of Financial Management provided all King County Jurisdictions the growth targets projections out to the year 2010. Fred passed out a copy of this Proposed 20 -Year Growth Targets report. It encompasses the King County Jurisdictions which includes 25 suburban cities, seven(7) rural cities, the City of Seattle, and unincorporated King County. CITY COUNCIL PLANNING COMMITTEE MINUTES FEBRUARY 15, 1994 PAGE 2 On this report, the net new households for King County Jurisdictions are estimated to be 216,237 and the net new employment targets are 349,650. The City of Kent's net new households target figure is 7,500; the net new employment target is 11,500. LOCAL UPDATE Environmental Impact Statement for the City Of Kent's Comprehensive Plan Senior Planner Kevin O'Neill informed the Committee that the Council approved funding to do an Environmental Impact Statement for the Comprehensive Plan last November. The consultants for this project began work on this project in December 1993. Last fall the Planning Department held a series of open houses to gather information on several conceptual land use alternatives for the Comprehensive Plan. Since that time, the Planning Department has been working with the consultant looking at these three conceptual alternatives for growth for the entire planning area not just the City limits. Staff refined the process by creating actual land use maps and getting down to specific concepts and specific locations. Kevid said when completing an EIS, SEPA requires that a no action .... alternative be included in the EIS. The Planning staff is anticipating a draft EIS to come out the middle of March. This will give everyone an opportunity to review it in conjunction with the draft Comprehensive Plan. Three Alternatives to the City of Kent's Comprehensive Plan EIS 1. Existing Comprehensive 2. Urban Centers 3. Mixed Use or multiple Plan (no action alternative) centers The existing Comprehensive Plan is considered the no action alternative as required by SEPA. The second alternative is Urban Centers which is where the City channels very high percentages of new residential and employment growth into the downtown areas or areas adjacent to downtown. The Mixed Use Alternative or multiple centers assumes that growth would focused into several activity centers. Follow-up Video Relating to the EIS and the three Alternatives, a follow-up video will be done very similar to the first video done two years ago. This will be an education process for Growth Management. The Planning Department will hold a series of community forums and ask citizens questions to generate interest and public participation before the Planning staff begins the Planning Commission hearings. CITY COUNCIL PLANNING COMMITTEE MINUTES FEBRUARY 15, 1994 PAGE 3 This video will allow the public an opportunity to discuss the critical components of the alternatives such as how to accommodate these future households and jobs. Now that the Council has Council meetings on cable, Chair Orr said this will give more citizens an opportunity to see the video. Survey Questionnaire As part of the follow-up video and and as what we did two years ago, the survey questions will be related specifically back to the questions raised by the video. This questionnaire will generate another source of information on the land use alternatives such as different housing and affordable housing issues. capital Facilities Kevin reminded the Council of the scheduled March 8th Workshop on Capital Facilities. Various departments are working with the mayor's office and Administration in defining the recommended level of service. Urban Growth Boundaries Chair Orr asked Jim Harris if the interim urban growth boundaries were finalized yet. Jim stated he was planning on attending a meeting on February 16th on this subject and hopes to find out. STREET TREE PROGRAM UPDATE (F. SATTERSTROM) Fred Satterstrom presented a preliminary Scope of Services Street Tree Management Program. He said the Council held a Workshop on this subject in December 1993. The Public Works Department made a presentation on Phase I of their sidewalk program for the downtown area proposing to remove about 20 trees. The Public Works Department has hired a consultant to develop, facilitate, and coordinate this program with Tim LaPorte as the person in charge of the project. The Planning Department will have an opportunity to be involved as well in the development of the program. The purpose of the program is to develop a consensus on how the City is going to treat each and every street in the downtown area in terms of some long term objectives regarding sidewalks, trees, and post - project activities. This program will identify some areas in the downtown as to which trees will be entirely removed, replaced by another specie, or areas will be identified in the downtown area where existing trees will remain. Public participation is one of most important elements of the program and Chair Orr suggested working with the Downtown Partnership to get citizens informed. Perhaps a flyer could be distributed to merchants. CITY COUNCIL PLANNING COMMITTEE MINUTES FEBRUARY 15, 1994 PAGE 4 ADDED ITEMS Chair Orr asked the Committee members how often they would prefer to meet. It was agreed that the third Tuesday of each month would be the regular Planning Committee meeting time. If a special meeting is needed, it would held the first Tuesday of the month. The meeting adjourned at 5:00 p.m. PCO215.MIN PRESENT: PUBLIC WORKS COMMITTEE FEBRUARY 28, 1994 PAUL MANN TIM CLARK JIM BENNETT DON WICKSTROM GARY GILL Status on Signals on James Street TOM BRUBAKER ED WHITE JOHN BOND MR & MRS RUST Ed White stated that the transportation staff has taken another look at the traffic and in staff's opinion the installation of two more signals, one at Jason and one at Alvord could put the City into a severe hazard and liability situation. White said that the residents do not want a signal in those locations; heavy truck traffic at both Jason and Alvord would have difficulty in getting from a dead stop up to a reasonable speed. White stated that having two additional signals would do nothing to improve safety or slow traffic down. Further discussion followed regarding the heavy flow of traffic on James St and what other options existed. Wickstrom stated that we had looked at the possibility of a pedestrian overpass however, the cost was about $300,000 at the time of the study. Wickstrom said that part of our Transportation Plan is a non -motorized element which includes sidewalks and sidewalk facilities and that could go into the millions of dollars. Clark asked about the possibility of a tunnel and Wickstrom stated this could lead to a personal safety problem. Wickstrom said that as a safety factor, an overhead facility would be best. Brubaker stated that relative to the overpass, another issue that needs to be addressed is the ADA. Brubaker said it is arguably impossible to construct an overpass in compliance with ADA's current standards. Further discussion followed about possibly locating an overpass at the lower portion of James St near Kent Jr. High. Wickstrom explained that we are now working on the third phase of the Downtown Infrastructure and will be bringing a watermain down James from Kennebeck so if we do something, now would be the ideal time. Discussion concluded with Committee requesting staff to look into the possibility of a pedestrian overpass. LID 342 Smith Street Sidewalks Wickstrom stated we received 10 bids; the low bid was $83,731 and the engineer's estimate was $87,798. He said that although it all looks good, the budget was not nearly that amount. He said there was no relationship between the engineer's estimate and the budget, which resulted in a lack of about $45,000. He explained that our engineering was incorrect however at $i8 000 for the total steps project. He this, so we are capping ro ect and put it together, explained that after we formulated the p j we found there were additional things to do in order to comply with ADA at a cost of about $12,000. He said in order to keep the LID cost as close as possible to the original amount, we would want to if the pick that up out of our sidewalk fund. Wickstrom said ahead with the low thatbidder, Committee agreed, we would like to g Mer -Con, Inc. Committee unanimously recommended awarding LID 342 Smith Street mount of $83,731.00. Sidewalks contract to Mer -Con, Inc. in the a 116th Avenue SE Road Improvements Wickstrom said this is an acceptance of a contract awarded to Lloyd Enterprises, Inc. for the amount of $339,273. and $370,959 was the actual construction cost. Wickstrom explained i brought He forward to the Committee because it is over the bid price. h of some explained that this is 116th and Kent Kangle j P that had commitments to participate but when they had County approvals, it became a mixture of various road designs that did not or fit. Wickstrom said that this fits in with our 277th cousithe project so we offered to build the road and let them pay difference. Wickstrom said that the overage is a result cla o the lined County Road Division wanting to add some fencing; clay ditches; and a retaining wall, after we had BALD plan app Committee unanimously recommended accepting the 116th Avenue Road Improvements as complete. Left Turn Lane - Willis & Bridges White said that accidents at this location during •the l st three other years occurred between 10:00 a.m. and 8:00 p- accidents occurred any other time of the day during the three year period. He said in answer to the question of individ the accident difficult time getting to Willis via Central Avenue, history does not show a significant a.m. Problem. and 6sai ptme problems are occurring primarily between 2:00 p. m.White said we could install left turn restriction signs. Signal Synchronization White said that there are three locations in the city where we have achieved significant improvement in traffic flow. He said one is on 212th between East Valley and the freeway; one on East Valley between 180th and 212th and third is in conjunction with a multiple jurisdiction study, "Green River Valley Signal Interconnect" which includes traffic flows on West Valley from 180th to SR516. White said that in addition to the projects that we have, we also are in the process of acquiring a new signal system which in itself, should achieve a more efficient operation of signals because of the flexibility it offers. Kent Manganese Treatment Plant Wickstrom circulated a memorandum to the Committee, on the status of the treatment plant. He said the item will be discussed at the next Committee meeting however he wanted to brief the Committee on the project. Wickstrom said the contractor has been off the job; the plant is not complete; we have had a claim filed once by one group of attorneys for the contractor and he now has another group of attorneys, so we are now on hold. Wickstrom said we need to finish the plant and get it operating for this summer. Meeting adjourned at 5:10 p.m.