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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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PARKS COMMITTEE MEETING
March 11 1994
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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.