Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/07/1995 cit of Kent y cml Meeti nCtvCoung Agenda CITY OF d�7IIO�I� Mayor Jim White Council Members Judy Woods, President Jim Bennett Jon Johnson Tim Clark Paul Mann Christi Houser Leona Orr March 7, 1995 A 3" Office of the City Clerk a 'oE 4 "F CITY OF MILU2 SUMMARY AGENDA KENT CITY COUNCIL MEETING March 7, 1995 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-.- Introduction of Visiting Dignitary B: Blue Ribbon Committee Update on Performing Arts Center C. Employee of the Month Peron 1 Justice Center Update 2 . PUBLIC HEARINGS fir: West Titus Street Vacation STV-95-2 _B". Adult Entertainment Business Licenses - Ordinance 3 . CONSENT CALENDAR -�k Approval of Minutes --B: Approval of Bills _jE. Disposal of Forfeited Firearms - Ordinance --D� Renton Intertie Water Agreement --R: Speed Humps on SE 236 Place - Authorization -': Metro East Kent Park & Ride Lot - Bill of Sale Jones/Hobbs Annexation Zoning (AZ-95-1) - Set Hearing Dates ,Y. 1993 Open Space Bond Interest - Acceptance 4 . OTHER BUSINESS Initiative Petition 101 Juvenile Safety and Family Reconciliation (Curfew) - Committee Appointments . �. SeaTac Sewer Extension Request - Resolution /4- 2 --e" Riverbend Miniature Golf Course Contract 4 PaSS--thf o f'�nd �nc� , r e�a�c I�nc� �� en+� �»t r"I ccal a ry� 5. BIDS None 6. CONTINUED COMMUNICATIONS 7. REPORTS EXECUTIVE SESSION - Labor Negotiations 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 will, at this time, make known the subject of interest, so all may be properly heard. A) Introduction of Visiting Dignitary B) Blue Ribbon Committee Update on Performing Arts Center C) Employee of the Month D) Regional Justice Center Update Kent City Council Meeting Date March 7 , 1995 Category Public Hearings 1. SUBJECT: WEST TITUS STREET VACATION STV-95-2 2 . SUMMARY STATEMENT: This public hearing has been set to con- sider an application by the Webster Court Apartments Limited Partnership and Titus Court Apartment Limited Partnership to vacate a portion of West Titus Street located just west of 5th Avenue S. 3 . EXHIBITS: Staff report, map, application and resolution 4 . RECOMMENDED BY: Planning Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_L-_ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember C-1A, moves, Councilmember YILO seconds to approve/ y the Planning Department's recom- mendation of approval with conditions of an application to vacate a portion of West Titus Street located just west of 5th Avenue South (STV-95-2) as referenced in Resolution No. 1421, and to direct the City Attorney to prepare the necessary ordinance upon receipt of compensation and retainment of the utility easement. DISCUSSION• ACTION:— Council Agenda Item No. 2A CITY OF ILELP2� ZS CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM March 2, 1995 MEMO TO: Mayor Jim White and City Council Members FROM: James P. Harris, Planning Director SUBJECT: Report and Recommendation on an application to vacate a portion of West Titus Street west of 5th Avenue South (#STV-95-2) . RECOMMENDATION: APPROVE with conditions I . Name of Applicant Webster Court Apartments Limited Partnership and Titus Court Apartments Limited Partnership 8746 South 113th Street Seattle WA 98178 II . Reason for Recruesting Vacation The applicant states that the vacation is being sought for "parking spaces for low-income seniors and disabled in the apartment complex" . III . Staff Recommendation After reviewing comments from the following departments and agencies : Public Works Fire Police Puget Power Washington Natural Gas and conducting our own review, the Planning Department recommends that the request to vacate a portion of Titus Street west of 5th Avenue South as mentioned in Resolution 1421 and shown on the accompanying map, be APPROVED with the following conditions : 1 . The City of Kent shall be compensated for this street vacation in accordance with State Law and Kent Codes . Staff Report Portion of W. Titus Street #STV-95-2 Page 2 2 . The City shall retain utility easements over, under and upon the proposed vacated right-of-way along with the right to grant similar rights to other public/private utility providers . 3 . The applicant shall provide proof, to the satisfaction of the Public Works Director, that all property fronting on this proposed vacated right-of-way shall have ingress and egress access rights within this proposed vacated right-of-way to 5th Avenue and that said width thereof shall be at least 26 feet . 4 . Included in any redevelopment of the vacated right-of-way, shall be a 26-foot-wide paved access road to service the adjacent properties . Said access road shall lie solely within the access easement and shall not be encroached upon by parked vehicles . 5 . In conjunction with the issuance of a building permit on any adjacent property, said permittee shall reconstruct Titus Street access onto 5th Avenue to conform to City driveway standards for a private driveway. Said reconstruction shall include extending 5th Avenue curb, gutter and concrete sidewalk across same and reworking the drainage system and street pavement to accommodate same . b:stv95 . 2 WAIL, TO: APPLICANT: Webster Court Apartments Limited Partnership fcrald Il. 41cCaughair litus Court Apartments Limited Partnership CITY OF KENT ' - 220 So. 4th Ave. Address: 8746 South 113th Street Kent, WA 98032 1)I C 2 S 1!J4 - Seattle. WA 98178 1, 1"ia fl F'clotl. i r;FPiCH1 Phone: _(.?n6) 772-6666 STREET AIID/OR ALLEY VACATION APPLICATION AND PETITIOII Dear Mayor and Kent City Council : We, the undersigned abutting property owners, hereby respectfully request that certain property hereby be vacated. (General Location) Legal Description That portion -of Titus Street lying west of 5th A �geN portion of Titus on the West. y p �', U� I1 l5 JA'rl - 5 iQ05 CF KENT ITy C CITY BRIEF STATEMENT 1411Y VACATION IS DEIIIG SOUGHT Parking spaces for low-income seniors and disabled in apartment complex. Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (110TE) I•iap must correspond with legal description. ADUTTIIIG PROPERTY OWNERS, TAX LOT 11 SIGNATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC. TWIT. RG 1`s 1 62_ 11 , ��6 j, � ate/ �cr I vP r/�{��••✓ �O ./S�nc f� $150.00 Fee Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. Deed Accepted Date Trade Accepted Date MAIL TO: All VLI CAN I': Gerald D. McCaughan flame: Webster Court Apartments Limited Partnership CITY OF MIT a Partnership 220 So. 4th Ave. Address: 8746 South 113th Street Kent, WA 90032 :6 t T .ii 'r,i-rD I i;i•,ii F rf Seattle, WA 98178 ri j33 0 Phone: (206) 772-6666 STREET AND/OR ALLEY VACATION APPLICATION AND PETITIOU Dear Mayor and Kent City Council : We,- the undersigned abutting' Property owners, hereby respectfully request that certain property hereby be vacated. (General Location) /J Legal Description /y,/A l✓-iJ VF Xt'�or U fr VTiaO r/ail/Al✓ 0/-Titus Street 13ear�ed by 5th Avenue oa the-E n—t e Pacated portion BRIEF STATEMENT WHY VACATION 1S UEING SOUGHT Parking spaces for low-income seniors and disabled in .apartment complex. Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations , Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. AOUTTIIIG PROPERTY OWNERS TAX LOT N SIGNATURES AND ADDRESSES LOT, BLOCK b PLAT/SEC. TWIT. RG 1 � a 0 VSy .$150.00 Fee Paid lreasurer's Receipt Ila. Appraisal Fee Paid Treasurer's Receipt 110. Land Value Paid Treasurer's Receipt 110. Deed Accepted Date Trade Accepted Date HAIL 10: All Ill.I CAN I': j 11 Webster Court Apartments Limited Partnershi Gerald D. Mccaughan (lame: and Titus Court Apartments Limited Part. CITY OF KEIIT 220 So. 4th Ave. Ii / hi!II Address: 8746 South 113th Ctrppt Kent, WA 90032 % I) Seattle WA g8178 Phone: (206) 772-6666 STREET AND/011 ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council : We, the undersigned abuttinj property owners. hereby respectfully request that " certain property hereby be vacated. (General Location) Legal Desrr•iption /.J/frN n/ Titus Street laea ded q 5th Avenue .ea-Lha.4a, vacated portion ., 0 ir-the West. BRIEF STATEMENT WHY VACATION IS BEING SOUGHT Parking spaces for low-income seniors and disabled in apartment complex. Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. . When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for, vacation. (MOTE) Map giust correspond with legal description. ABUTTIIIG PROPERTY 01411ERS TAX LOT N SIGIIATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC. TIM. RG ty $150.00 Fee Paid Treasurer's Receipt Ile. - Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid 'Treasurer's Receipt 110. Deed Accepted Date Trade Accepted Date raon v9e IIAIL To; ; nI rl.icr.rrr; Webster Court Apartments Limited Partnership Gerald U. I•IcCntghan Ilanic: and Titus Court Apartments Limited Partnership CITY OF KENT 220 So. 4th •Ave, A(idress: 8746 South 113th Street Kent, IJA 90032 -- i ila ,c'i ,:=,;i; I Seattle, WA 98178 Phono; (206) 772-6666 STREET AND/Olt ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council : We, the undersigned aoutt nj property owners,. hereby respectf .ly rel,;,esc that certain property hereby be vt.cated. iGeneral Locatio Legai Description jlrf�C Titus Street bearded--b/ 5th Avenue o- F-;V qmd "" vacated portion,. V f fittI5 en %he BRIEF STATEME11T WHY VACATION J3 BEING SOUGHT Parking spaces for low-income seniors and disabled in . apartment complex. Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. IN thout these a "CURRENT" tine report shall be required. When Corporations , Partnerships etc. are.- being signed for, then proof of individual':, authority to sign fcr same shall also be submitted. Attach a color coded reap of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) I•iap must correspond With legal description. ABUTTING PROPERTY OWNERS TAX LOT 9 ,SIGIIATURE� All ADD�E S LOT, BLOCK & PLAT/SEC. TWN. RG $150.00 Fee Pain Treasurer's ft,!ceipt Ile. Appraisal Fee Paid T-eaSUI-Cr'S Receipt b'0. Land Value Paid reasurer's P.ecei,,t IIo. Deed Accepted Bate. —_ Trade Accepted Date RESOLUTION 11;0. N021 A RESOLUTION of the City of Kent, Washington,regarding the vacation of a portion of Titus Street lying west of 5th Avenue in the City of Kent, and setting the public hearing on the proposed street vacation for March 7, 1995. WHEREAS,a petition has been filed by various property owners to vacate a portion of Titus Street lying west of 5th Avenue in the City of Kent, King County, Washington; and WHEREAS, these property owners own at least two-thirds of the property abutting that portion of Titus Street that is now being sought to be vacated; and WHEREAS,the petition is in all respects proper. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A public hearing on the street vacation petition requesting the vacation of a portion of West Titus Streeet shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, March 7, 1995, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. Section 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by law. Section 3. The Planning director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on March 7, 1995. Passed at a regular meeting of the City Council of the City of Kent, Washington this Z day of Eck, 1995. Concurred in by the Mayor of the City of Kent, this-day of 1995. WHITE, MAYOR ATTEST: BRENDA JACOB , C Y CLERK APPROVED AS TO FORM: R ER A. LUBOVICH, CITY ATTO I hereby certify that this is a true and correct copy of Resolution No. 142-1 passed by the City Council of the City of Kent, Washington, the -7 day of 1995. STVACN#8.res BRENDA JAC ER, ITY CLERK t — I i G22Q i D U&- 7'��. Jill o`] w GOW E — =r. I J I � I I I t I I 6 •.,. A PORTION OF W . TITUS STREET f I I I I LOCATED BETWEEN FIFTH AVENUE S . AND THE RAILROAD TRACKS . 1 I I t} f1033 r 1� I ##STV-95-2 2/3 L Ej 1 1 — too N 1 7 i I � � 01 l J c C r 5= � jr.11l5 ItI.Z N. , cJ C. Q I >) WLd v 1 2 Ol �c. CL �o7 \ i ti , ci t 1 1 t D ` ' —7 7 V 1 / 5t b .5 39 SS3 tto. _ _ J Imo- C I VA `,y — S AA R ST s / AAF 3 I Z TcD I-ICCESS40 Q a {-- S.- T � LiNNTED 4CCcS5 - I Ip] — I 1c.:0 III -2 60.t} o to — " f RJSSELL D- Lij Gw — b6 1� is _ � ❑ — _ - - - vim, Kent City Council Meeting Date March 7 , 1995 Category Public Hearings 1. SUBJECT: ADULT ENTERTAINMENT BUSINESS LICENSES - ORDINANCE 2 . SUMMARY STATEMENT: The Operations Committee has recommended adoption of an ordinance adding a new chapter, Chapter 5. 10, to the Kent City Code establishing new adult entertainment business license regulations. The ordinance repeals our cur- rent licensing regulations for adult entertainment as codified in Chapter 5. 11 of the Kent City Code. 3 . EXHIBITS: Memo and proposed ordinance 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7 . CITY COUNCIL ACTION: } Councilmember t-IV moves, Councilmember U -seconds to a opt Ordinance No. �lq adding Chapter 5. 10, to t e Kent City Code e a is' new a entertainme usiness license regu tion and epealing *_irren licensi regions as codified 'n Chapt r 5. 11-:` -- " DISCUSSION• Y� , ACTION. Council Agenda Item No. 2B F. Inspection of licenses. The manager shall, upon request by any law enforcement officer or business license inspector, make available for inspection the entertainer licenses required to be on the premises as described herein. Sec. 5.10.110. Specifications - exotic dance studios. A. Separation of Adult Entertainment Performance Area. The portion of the exotic dance studio premises in which dancing and ether adult entertainment by an entertainer is performed shall be a stage or platform at least twenty-four(24) inches in elevation above the level of the patron seating areas. The stage(s) must be visible from the common areas of the premises and at least one manager's station. B. Lighting. Sufficient lighting shall be provided and equally distributed in and about the parts of the premises which are open to and used by patrons so that all objects are plainly visible at all times, and shall be illuminated so that patrons, on any part of the premises open to the public, shall be able to read a program, menu, or list printed in eight(8) point type. C. Visibility. Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying nudity may be visible outside the premises of the adult entertainment business. D. Submittal of Plans. Building plans showing conformance with the requirements of this Section shall be included with any application for an exotic dance studio business license. E. Sims. Signs of sufficient size to be readable at twenty (20) feet shall be conspicuously displayed in the public area of the establishment stating the following: THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF KENT. ENTERTAINERS ARE: (A) Not permitted to engage in any type of sexual conduct; (B) Not permitted to appear nude, except on stage; (C) Not permitted to solicit or demand or to directly accept, or receive any gratuity or other payment from a patron. Sec. 5.10.120. Standards of conduct and operation applicable to exotic dance studios. A. Standards for Patrons. Employees and Entertainers. The following standards of conduct must be adhered to by patrons, entertainers and/or employees of exotic dance studios at all times adult entertainment is performed. 1. Admission to exotic dance studios under this section shall be restricted to persons of the age of eighteen(18) years or more. 15 2. All dancing and ether adult entertainment by an entertainer shall occur on the entertainment performance areas intended for that purpose described in Section 5.10.110(A). 3. No dancing or ether adult entertainment by an entertainer shall occur closer than ten(10)feet to any patron. 4. No patron or customer shall go into or upon the adult entertainment performance area described in Section 5.10.110(A) above while adult entertainment is being performed. 5. No employee or entertainer shall be eeelethed nude or shall entertain while nude or in _ state of except on the entertainment performance area described in subsection 5.10.110(A). 6. No member of the public or employee or entertainer shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of any other person. 7. No member of the public or employee or entertainer shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public, which contact is intended to arouse or excite sexual desires. 8. No employee or entertainer shall perform acts in a lewd or obscene fashion or perform acts of or acts which simulate: a. Specified sexual activities as defined in this chapter; or b. The touching, caressing or fondling of the breasts, buttocks or genitals; or itals 9. No entertainer employed or otherwise working at an exotic dance studio shall solicit any gratuity or other payment from a patron or customer. 10. No customer or patron of an adult entertainment business shall directly pay or give any gratuity or other payment to any entertainer. 11. It is unlawful for any entertainer, manager, employee, or waitperson to perform more than one such function at an exotic dance studios on the same business day. 12. It is unlawful for any entertainer to use any stage name or nickname not listed in the application for entertainers license. 13. No exotic dance studio licensee shall employ as an entertainer a person under the age of eighteen years or a person not licensed pursuant to this chapter. 14. No exotic dance studio licensee shall service, sell, distribute, or suffer the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the licensee. 16 B. Standards of Conduct. 1. No patron shall be unclothed or in such attire, costume or clothing so as to be in a state of nudity or engage in any specified sexual activity and no owner or manager shall knowingly allow such conduct. 2. No more than one patron at a time shall be present in a booth, cubicle, room, or stall wherein adult entertainment is provided is visible. 3. Violatior>penalty. Any violation of the provisions of this subsection by a patron, owner, operator, manager, or any employee is a misdemeanor as set forth in this chapter. Sec. 5.10.140. Regulations applicable to book stores,video stores and other businesses not qualifying as adult entertainment businesses. A. Book stores, video stores and other businesses that sell or otherwise distribute books magazines, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of nudity or specified sexual activities, and less than 20% of their stock-in-trade or revenues comes from the rental or sale of such items shall be subject to the following regulations: 1. All such items as are described above shall be physically segregated and closed off from other portions of the store such that these items are not visible and/or accessible from other portions of the store. 2. No advertising for such items shall be posted or otherwise visible, except where such items are authorized for display. 3. Signs readable at a distance of 20 feet shall be posted at the entrance to the area where such items are displayed stating that persons under the age of eighteen (18) are not allowed access to the area where such items are displayed. 4. The manager or attendant shall take responsible steps to monitor the area where such items are displayed to insure that persons under eighteen (18) years of age do not access the age-restricted area. 5. Employees of such video stores businesses shall check identification of persons appearing to be eighteen (18) or under to insure that such items are not rented or sold to persons under the age of eighteen (18). B. Violation/penalty. Rental or sale of obscene material (as defined by state law) or material harmful to minors (as defined by state law) to persons under eighteen (18) years of age is prohibited. Any violation of the provisions of this subsection by an owner, operator or manager of an adult entertainment business is a misdemeanor as set forth in this chapter. See. 5.10.150. Exemptions. A. This chapter shall not be construed to prohibit: 18 CITY ATTORNEY' S OFFICE DATE : March 2 , 1995 TO: Mayor Jim White Kent City Council FROM: Roger Lubovich RE : ADULT ENTERTAINMENT BUSINESS LICENSING ORDINANCE The attached ordinance establishes a new chapter regarding adult. entertainment licensing replacing Chapter 5 . 11 of the Kent City Code . The proposed ordinance was drafted following a thorough review of our current licensing code to provide for a more comprehensive licensing system for adult entertainment businesses within the City. The key features of the proposed ordinance are as follows : 1 . Whereas, Chapter 5 . 11 only dealt with licensing of exotic dance studios, the proposed ordinance expands licensing regulations to include adult arcades, adult book stores, novelty stores or video stores, and adult motion picture theaters in addition to exotic dance studios . Our current zoning code zones adult book stores and theaters in addition to dance studios, therefore, it was deemed appropriate to extend licensing regulations to cover these facilities . 2 . For exotic dance studios, adult entertainment (dancing) is to be performed on a performance stage or platform designated for that purpose, and that no entertainment or dancing shall occur closer than 10 feet to any patron. 3 . The proposed ordinance provides that no entertainer employed at an exotic dance studio shall solicit any gratuity or payment from a patron, and that no customer or patron shall directly pay or give any gratuity or other payment to an entertainer. 4 . The proposed ordinance provides for two types of licenses : A. An owner' s or operator ' s business license (see Section 5 . 10 . 060 (A) on page 8 for licensing criteria) ; and B. A manager ' s or entertainer' s license for managers of adult entertainment businesses or entertainers (dancers) for the same (see Section 5 . 10 . 060 (C) on page 10 for licensing criteria) . 5 . The proposed ordinance also establishes standards of conduct applicable to exotic dance studios . (See Section 5 . 10 . 120 on page 15 . ) G . The license application processing fee for adult entertainment business licenses is $150 . 00 and the application processing fee for a manager' s or entertainer ' s license is $100 . 00 . The annual license fee for an exotic dance studio business is $500 . 00, and all other entertainment businesses is $150 . 00 . The annual fee for a manager' s or entertainer' s license is also $150 . 00 . These amounts are in additional to the application processing fees . 7 . All licensing decisions can be appealed to the hearing examiner, and from the hearing examiner to the Superior Court . buslic.mem 2 i ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the regulation of adult entertainment businesses as defined herein, providing for the licensing of such businesses, further providing standards of conduct and operation, including the regulation of certain physical features of exotic dance studios, repealing Ordinance No. 2778, and establishing misdemeanor offenses and penalties for the violation of such regulations. WHEREAS, cities have the right to enact laws for the protection of the public health, safety and general welfare; and WHEREAS, various Washington State municipalities have found it is necessary for the public health, safety, and welfare to regulate businesses, managers, and employees that provide adult entertainment as well as the patrons of adult entertainment businesses; and WHEREAS, the City conducted a study of the impacts of adult entertainment places and adult uses in its city in a report entitled "City of Kent - Adult Use Zoning Study" issued by the Kent Planning Department in November, 1982, which is incorporated herein by this reference; and WHEREAS, thereafter, in order to protect and preserve the health, safety, and welfare of the City, the Kent City Council established land use and licensing regulations for adult entertainment businesses; and WHEREAS, by its adoption of Ordinance No. 3185, the City Council imposed a moratorium on adult entertainment businesses within the City of Kent so that land use regulations governing the location of such establishments could be formulated to comply with the ruling of the U.S. District Court for the Western District of Washington in Cause No. C94- 256Z on the City's land use regulations for such businesses; and WHEREAS, the City Council has determined that adult entertainment, including nude and semi-nude dancing, in public establishments is frequently linked to patron, employee, and owner participation in criminal activity including controlled substance violations, liquor law violations, prostitution, and, generally, increased criminal activity; and WHEREAS, the City takes notice of the experiences of other cities and counties in combating the specific adverse impacts of businesses providing adult entertainment including nude and semi-nude dancing; and WHEREAS, adult entertainment businesses require special supervision in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the communities where they locate and that it is appropriate, at this time, to review licensing regulations of adult entertainment businesses; and WHEREAS, a hearing has been held by the City Council to hear public testimony concerning the adverse secondary impacts of businesses providing adult entertainment;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. There is hereby created a new section of the Kent City Code, Section 5.10, entitled "Adult Entertainment", as follows: CHAPTER 5.10. ADULT ENTERTAINMENT Sec. 5.10.010. Findings of fact. Based on public testimony and other evidence and information before it, the city council makes the following findings of fact: I. The activities defined and regulated in this chapter are detrimental to the public health, safety and general welfare of the citizens of the city and, therefore, such activities must be regulated as provided in this chapter. 2. Regulation of the adult entertainment industry is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult entertainment industry has included prostitution, narcotics and liquor law violations, breaches of the peace and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants. 3. Contact between entertainers and patrons of adult entertainment businesses facilitates prostitution and other related crimes and the concern over unlawful sexual activities 2 and related crimes is a legitimate health concern of the City which demands reasonable regulation of adult entertainment businesses in order to protect the health and well-being of the citizens; and 4. Licensing is a legitimate and reasonable means of accountability to ensure that operators of adult entertainment businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; and 5. In the absence of regulation, the activities described in this section occur regardless of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages. 6. It is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors, to ensure that each such entertainer is an adult, to ensure that such entertainers have not assumed a false name which would make regulation of the entertainer difficult or impossible and to ensure that such entertainers are not involved in criminal activity. 7. It is necessary to have a licensed manager on the premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment so that there will, at all necessary times, be an individual responsible for the overall operation of the establishment, including the actions of patrons, entertainers and other employees. 8. The license fees required in this chapter are nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the city in regulating the adult entertainment industry. 9. Hidden ownership interests for the purposes of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment industry in the absence of regulation. These hidden ownership interests have historically been held by organized and white collar crime elements. In order for the city to effectively protect the public health, safety and general welfare of its citizenry, it is important that the city be fully apprised of the actual ownership of adult entertainment establishments. 10. The City Council desires to prevent these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life, preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and 11. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment or Article I, Section 5 of the Washington State Constitution, but to enact content neutral regulations which address the secondary effects of adult entertainment businesses, as well as the health problems associated with such businesses. Sec. 5.10.020. Purpose and intent. It is the purpose of this chapter to regulate adult entertainment businesses and related activities to promote health, safety, morals, and general welfare of the citizens of the City of Kent, and to establish reasonable and uniform regulations to prevent the establishment of adult entertainment businesses in locations within the City which would have a harmful effect on the residents of the City. The purpose of this chapter is to alleviate undesirable social problems that accompany adult entertainment businesses, and to enact content neutral regulations which address the secondary effects of adult entertainment businesses as well as health problems associated with such business, not to curtail the First Amendment expression;namely dancing or entertainment. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the State or Federal Constitutions, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimate the distribution of obscene materials. See. -5.10.030. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. ADULT ENTERTAINMENT: "Adult Entertainment" means any dance, amusement, show, display, exhibition, pantomime, modeling or any other like performance of any type where such is characterized by the performer's "nudity", as defined herein, or the exhibition of"specified sexual activities", also defined herein, which emphasizes and seeks to arouse or excite the patron's sexual desires for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public. 2. ADULY ENTERTAINMENT BUSINESS: "Adult Entertainment Business" shall mean an Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult Video Store. Adult Motion Picture Theater, and Exotic Dance Studio, more specifically defined as follows: A. Adult Arcade: "Adult Arcade" shall mean an establishment where, for anv form of consideration, one or more still or motion picture projectors, slide projectors, computer generated or enhanced pornography, panoram, peep show, or similar machines, or other image producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of"nudity" or "specified sexual activities". B. Adult Bookstore. Adult Novelty Store or Adult Video Store: "Adult Bookstore", "Adult Novelty Store", or "Adult Video Store" shall mean a commercial 4 establishment which has as a significant or substantial portion of its stock-in-trade or revenues, substantial meaning twenty (20) percent or more, for any form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of"nudity" or "specified sexual activities". 1. An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing "nudity" or "specified sexual activities", and still be categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store, Such other business purposes will not serve to exempt such establishments from being categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video Store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "nudity" or "specified sexual activities." 2. Video stores that sell and/or rent only video tapes or other photographic reproductions and associated equipment shall come within this definition. It shall be a rebuttable presumption that twenty (20) percent of a business' stock-in-trade or revenues is considered substantial. C. Adult Motion Picture Theater: "Adult Motion Picture Theater" shall mean a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of"nudity" or "specified sexual activities" are regularly shown for any form of consideration. D. Exotic Dance Studio: "Exotic Dance Studio", also known as "topless bar" and "adult cabaret", shall mean a nightclub, bar, restaurant, or similar commercial establishment to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment performances to any member of the public. 3. CITY: "City" means the City of Kent, Washington. 4. CLERK: "Clerk" shall mean such city employees or agents as the mayor shall designate to administer this chapter, or any designee thereof. 5. CONVICTION: "Conviction" means an adjudication of conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-fact finding motions, and appeals. Conviction also means a bail forfeiture. 6. EMPLOYEE: "Employee" means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment business offering adult entertainment, whether or not such person is paid compensation by the operator of said business. .... 5 7. ENTERTAINER: "Entertainer" means any person who provides live adult entertainment in an adult entertainment business whether or not an employee of the operator and whether or not a fee is charged or accepted for such entertainment. 8. ESTABLISH: "Establish" shall mean and include any of the following: A. To open or commence any adult entertainment business as a new business; or B. To convert an existing business, whether or not an adult entertainment business, to any adult entertainment businesses defined herein. C. To'add any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or D. To relocate any such adult entertainment business. 9. LICENSE: "License" shall mean a license to operate, manage or entertain at any premises that is classified as an adult entertainment business. 10. LICENSED PREMISES: "Licensed Premises" shall mean any premises that requires a license and that is classified as an adult entertainment business. 11. LICENSEE: "Licensee" shall mean a person in whose name a license to operate, manage or entertain at an adult entertainment business has been issued, as well as the individual listed as an applicant on the application for a license. 12. MANAGER: "Manager" means any person appointed by an owner or operator of an adult entertainment business who manages, directs, administers or is in charge of the affairs and/or the conduct or operation of an adult entertainment business and includes assistant managers. 11. MATERIALLY FALSE REPRESENTATION: "Materially false representation" means any false representation or statement, oral or written, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the license application process. 14. NUDE: "Nude" shall mean: A. Less than completely and opaquely covered or in such attire, costume or clothing as to expose to view male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below a point immediately above the top of areolae; or B. Wearing any device or covering exposed to view which simulates the appearance of male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below a point immediately above the top of areolae. 15. OPERATOR: "Operator" shall mean and include the owner, permit holder, custodian, manager, operator, or person in charge of, conducting or maintaining an adult entertainment business. 16. PANORAM or PEEP SHOW: "Panoram" or "peep show" means any device which, upon insertion of a coin or by any other means, exhibits or displays a picture or view by film, video, or by any other means. 6 17. PERSON: "Person" shall mean any individual, firm,joint venture, copartnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receive or any other group or combination acting as a unit. 18. SPECIFIED SEXUAL ACTIVITIES: "Specified Sexual Activities" shall mean and include any of the following: A. The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts; or B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law; or C. Masturbation, actual or simulated; or D. Human genitals in a state of sexual stimulation, arousal or tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and opaquely covered; or E. Excretory functions as part of or in connection with any of the activities set forth in subdivisions A through D of this subsection. See. 5.10.040. Administration of licensing. The clerk is responsible for granting, denying, revoking, renewing, suspending, and cancelling adult entertainment business licenses. The Planning Director and the Building Official or their designee are responsible for ascertaining whether a proposed adult entertainment business for which a license is being applied for complies with all building code and land use requirements enumerated herein and all other applicable building code and zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter. Sec. 5.10.050. License required; fee. A. Adult entertainment business license required. 1. No person or entity shall use any property or premises for an adult entertainment business within the City of Kent except within those areas authorized for location of said businesses as set forth in Kent City Code 15.08.270, and no adult entertainment business shall be established, operated or maintained in the city unless the owner or operator thereof has obtained an adult entertainment business license from the clerk. It is unlawful for any entertainer, employee or operator to knowingly work in or about or to knowingly perform any sen-ice directly related to the operation of an unlicensed public adult entertainment business. Violation/penalty. Any violation of the provisions of this subsection shall constitute a misdemeanor as set forth in this chapter. 7 2. The annual fee for an exotic dance studio business license shall be five hundred dollars ($500.00). This amount shall be used for the cost of administration of this chapter. 3. The annual license fee for all other adult entertainment businesses subject to this chapter shall be one hundred fifty dollars ($150.00). This amount shall be used for the cost of administration of this ordinance. 4. The above-referenced licenses expire annually on December 31 and must be renewed by January 1. 5. The applicant must be 18 years of age or older. B. License for managers and entertainers required. 1. No person shall work as a manager, assistant manager, or entertainer at an adult entertainment business without having first obtained a manager's or an entertainer's license from the clerk. Violation/penalty. It shall be unlawful and a person commits a misdemeanor as set forth in this chapter if he or she acts or performs as a manager or entertainer in an adult entertainment business without said valid and current license. 2. The annual fee for such a license shall be one hundred fifty dollars ($150.00). This amount shall be used for the cost of administration of this ordinance. 3. This license expires annually on December 31 and must be renewed by January 1. 4. The applicant must be 18 years of age or older. Sec. 5.10.060. License applications. A. Adult entertainment business. All applications for an adult entertainment business license for places which offer adult entertainment shall be submitted in the name of the person or entity proposing to conduct such adult entertainment on the business premises. All applications for an adult entertainment business license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city, along with a non-refundable application processing fee of one hundred fifty dollars ($150.00), which shall contain the following information: 1. Names, any aliases or previous names, driver's license number, if any, business, mailing, and residential address, telephone number, and social security numbers for each individual, partner, corporate officer, director, and other persons holding a significant interest or responsibility for management of the business, specifying the interest or management responsibility of each such individual, partner, corporate officer and/or director for each applicant. For purposes of this section, significant interest shall mean those persons who own ten percent (10%) or greater interest in the adult entertainment business. 2. If a partnership, whether general or limited; and if a corporation. date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process. 8 3. Addresses of the applicant for the five (5) years immediately prior to the date of application. 4. Any and all criminal misdemeanor or felony convictions or forfeitures, other than parking offenses or minor traffic violations, including dates of conviction, nature of the crime, name and location of court and disposition for each individual, partner, corporate officer and/or director identified in subparagraph 1 above. 5. A description of the business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. 6. Whether the applicant or any individual, partner, corporate officer, or director identified in subparagraph 1 above has had a previous license under this chapter or other similar ordinances from another city or county denied, suspended, or revoked, including the name and location of the adult entertainment business for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 7. Whether the applicant or any individual, partner, corporate officer, or director identified in subparagraph 1 above holds any other licenses under this chapter, or other similar adult entertainment business ordinance from another city or county and, if so, the names and locations of such other permitted businesses. 8. The single classification of license for which the applicant is filing. 9. The location of the proposed adult entertainment business, including a legal description of the property, street address, and telephone number(s), if any, together with the name and address of each owner and lessee of the property. 10. Two (2) two-inch by two-inch color photographs of each applicant, taken within six (6) months of the date of the application, showing only the full face of the applicant. The photographs shall be provided at the applicant's expense. Alternatively, the applicant may be required to submit to a photograph taken at the direction of the clerk. 11. Complete sets of fingerprints of each individual, partner, corporate officer, and director on forms prescribed by the Chief of Police. 12. In the case of an exotic dance studio, a scale drawing or diagram showing the configuration of the premises for the proposed exotic dance studio, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager's office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an exotic dance studio shall include building plans which demonstrate conformance with Kent's Building and Zoning Codes. 13. Authorization for the city, its agents and employees to investigate and seek information to confirm any statements set forth in the application. 14. Supplemental identification and/or information, as requested by the clerk, deemed necessary to confirm statements set forth in the application or determine compliance with this chapter. 9 B. Processing adult entertainment business license applications. 1. Upon receipt of the complete application and fee, the clerk shall provide copies to the police, planning and other applicable departments for their investigation and review to determine compliance of the proposed adult entertainment business with the laws and regulations which each department administers. Each department shall, within thirty (30) days, report to the clerk whether such application and premises complies with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. A department shall recommend denial of a license under this subsection if it finds that the proposed adult entertainment business is not in conformance with the requirements of any provision of any applicable statute, code, ordinance, regulation or other law in effect in the city. A recommendation for denial shall be in writing and cite the specific reason therefor, including applicable laws. 2. An adult entertainment business license shall be issued by the clerk within thirty (30) days of the date of filing a complete license application and fee, unless the clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection, or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license, or in any report or records required to be filed with the clerk. In the event the clerk determines or learns at any time that the applicant has improperly completed the application for a proposed adult entertainment business license, he/she may grant an extension of time in which to supply the required information. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.) If the clerk finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment license, the clerk shall deny the application in writing, and shall cite, in writing, the specific reasons therefor, including applicable laws. If the clerk fails to issue or deny the application within thirty (30) days of the date of filing of a complete application and fee, the applicant may, subject to all other applicable laws, operate the business for which the license was sought until notified by the clerk that the license has been denied. C. Manaer or entertainer license. A separate license shall be obtained for each and every establishment at which the manager applicant will manage or the entertainer applicant will entertain. All applications for a manager's or entertainer's license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city, along with a non-refundable application processing fee of one hundred dollars ($100.00), which shall contain the following information: I. The applicant's name, home address, home telephone number, date and place of birth, driver's license number, if any, social security number and, for entertainers, any stage names or nicknames used in entertaining. 2. The name and address of each business at which the applicant intends to work. 10 3. Documentation that the applicant has attained the age of eighteen (18) years. Any of the following shall be accepted as documentation of age: a. A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; or b. A state issued identification card bearing the applicant's photograph and date of birth. C. An official passport issued by the United States of America. d. An immigration card issued by the United States of America. e. Any other picture identification that the city determines to be acceptable. 4. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county or state, except parking violations or minor traffic infractions. 5. A description of the applicant's principal activities or service to be rendered. 6. Resident addresses and telephone numbers for five (5) years immediately prior to the date of application specifying the period of residence at each address. 7. The names and addresses of employers or individuals or businesses for whom the applicant was an employee or independent contractor for the three-year period immediately prior to the date of application, including the period of employment. 8. Two (2)two-inch by two-inch color photographs of each applicant, taken within six (6) months of the date of the application, showing only the full face of the applicant. The photographs shall be provided at the applicant's expense. Alternatively, the applicant may be required to submit to a photograph taken at the direction of the clerk. 9. Complete sets of fingerprints of each manager and entertainer on forms prescribed by the Chief of Police. 10. Authorization for the city, its agents and employees to investigate and seek information to confirm any statements set forth in the application. 11. Supplemental identification and/or information, as requested by the clerk, deemed necessary to confirm any information set forth in the application or to determine compliance with this chapter. D. Processing managers or entertainers license applications. A copy of the application shall be provided to the police and other applicable departments for its review, investigation and recommendation. An adult entertainment business manager's or an adult entertainer's license shall be issued by the clerk within fourteen(14) days from the date the complete application and fee were received unless the clerk determines that the applicant has failed to provide any information required to be supplied according to this chapter, or that the 11 applicant has made any false, misleading or fraudulent statement of material fact in the application for a license. In the event the clerk determines or learns at any time that the applicant has improperly completed the application for issuance of a managers or entertainers license, he/she may grant an extension of time in which to supply the required information. (The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the applicant.) If the clerk determines that the applicant has failed to meet any of the requirements for issuance of a managers or entertainers license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If a request for extension of time is not made, and the clerk has failed to approve or deny the license within fourteen (14) days of filing of a complete application for an adult entertainment business manager's license, the applicant may, subject to all other applicable laws, commence work as an adult entertainment business manager in a duly licensed adult entertainment business until notified by the clerk that the license has been denied. An applicant for an adult entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license will automatically expire on the fourteenth (14th) day (or on such day established pursuant to any extension granted herein.) following the filing of a complete application and fee, unless the clerk has failed to approve or deny the license application, in which case the temporary license shall be valid until the clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. Sec. 5.10.070. Issuance of licenses. Upon completion of the investigation and review by the departments, a review of the recommendations and verifications, and a determination that all matters contained in the application are true and correct and that this chapter has been complied with, the clerk shall issue such license applied for in accordance with the provisions of this chapter. The applicable license fee, together with any delinquent fees that may then be due shall first be paid to the city. See. 5.10.080. Denial of Application for Licenses. The clerk shall deny the application to: a. An applicant who is under eighteen (18) years of age. b. An applicant who is overdue on his/her payment to the City of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to an adult entertainment business. C. An applicant whose place of business is conducted by an agent, unless such agent possesses the same qualifications required of the licensee, or in the case of a manager of an adult entertainment business, the manager has obtained a manager's license. d. A partnership, unless all the members thereof are qualified to obtain a license as provided in this chapter. Such license shall be issued to the manager or agent of said partnership. 12 'i e. A corporation, unless all the officers and directors thereof are qualified to obtain a license as provided herein. Such license shall be issued to the manager or agent of said corporation. f. An applicant who has failed to provide information required on a license application for the issuance of the license or has made, with the intent to mislead, a materially false representation in the application for a license under this chapter which the applicant knows to be false. g. The applicant has failed to comply with any provision or !' requirement of this chapter. h. An applicant having an interest in any license granted under this chapter revoked within six months from the date of application. Sec. 5.10.090. License term - renewals. A. There shall be no prorating of the license fees for licenses required pursuant to this chapter, and all such licenses shall expire on the thirty-first day of December of each year, except that in the event that the original application is made subsequent to June 30, then one-half of the annual fee may be accepted for the remainder of said year. B. Application for renewal of licenses issued hereunder shall be made to the clerk no later than thirty days prior to the expiration of adult entertainment business licenses and managers and entertainers business licenses. The renewal license shall be issued in the same manner and on payment of the same fees as for an original application under his chapter. All applicants for a license renewal shall present their current license for verification of identity, and upon issuance of a renewed license, shall surrender the expiring license to the clerk. There shall be assessed and collected by the clerk, an additional charge of twenty-five percent (25%) of the license fee, on applications not made on or before said date. C. The clerk shall renew a license upon application unless the clerk is aware of facts that would disqualify the applicant from being issued the license for which he or she seeks renewal, and further provided that the application complies with all provisions of this chapter as now enacted or as the same may hereafter be amended. Sec. 5.10.100. Other license requirements. A. Duty to Supplement. 1. Applicants for a license under this chapter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. If any person or entity acquires, subsequent to the issuance of an adult entertainment business license for places offering adult entertainment, an interest in the licensed premises or the licensed business, immediate notice of such acquisition shall be provided in writing to the clerk. The notice shall include the information required to be provided for the original adult entertainment business. The failure to .. 13 supplement the application on file with the clerk regarding such change in ownership or interest, within thirty (30) days from the date of such change, shall be grounds for suspension or revocation of a license. 2. The applicant must be qualified according to the provisions of this Section and the premises must be inspected and found to be in compliance with health, fire, and building codes of the City. 3. The fact that a person possesses other types of State or City permits and/or licenses does not exempt him/her from the requirement of obtaining an adult 'entertainment business. B. Manager on Premises. A licensed manager shall be on duty on the premises of an adult business at all times that adult entertainment is being provided. C. License Nontransferable. No license or permit issued pursuant to this chapter shall be assignable or transferable. For purposes of this chapter, "assignable" or "transferable" shall mean and include any of the following: 1. The sale, lease or sublease of the business; or 2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or 3. The establishment of a trust, gift or other similar legal devise which transfers the ownership or control of the business, except for transfer by bequest or other operation of law. D. Name of Business and Place of Business. No person granted a license pursuant to this chapter shall operate the adult entertainment business under a name not specified in the license, nor shall he or she conduct business under any designation or location not specified in the license. E. License - Posting and Display. 1. The adult entertainment business license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, and the address of the licensed adult entertainment business. The license shall be posted in a conspicuous place at or near the entrance to the licensed premises so that it can be easily.read at any time the business is open. 2. The license of the manager on duty shall be prominently posted during business hours. 3. Entertainer licenses need not be posted, but must be available on the premises when the entertainer is on the premises, for imediate inspection by any city m official or law enforcement agency having jurisdiction. 4. Violation/penalty. Any violation of the provisions of this subsection is a misdemeanor as set forth in this chapter. 14 F. Inspection of licenses. The manager shall, upon request by any law enforcement officer or business license inspector, make available for inspection the entertainer licenses required to be on the premises as described herein. Sec. 5.10.110. Specifications - exotic dance studios. A. Separation of Adult Entertainment Performance Area. The portion of the exotic dance studio premises in which dancing and other adult entertainment is performed shall be a stage or platform at least twenty-four (24) inches in elevation above the level of the patron seating areas. The stage(s) must be visible from the common areas of the premises and at least one manager's station. B. Lighting,. Sufficient lighting shall be provided and equally distributed in and about the parts of the premises which are open to and used by patrons so that all objects are plainly visible at all times, and shall be illuminated so that patrons, on any part of the premises open to the public, shall be able to read a program, menu, or list printed in eight (8) point type. C. Visibility. Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying nudity may be visible outside the premises of the adult entertainment business. D. Submittal of Plans. Building plans showing conformance with the requirements of this Section shall be included with any application for an exotic dance studio business license. E. Signs. Signs of sufficient size to be readable at twenty (20) feet shall be conspicuously displayed in the public area of the establishment stating the following: THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF KENT. ENTERTAINERS ARE: (A) Not permitted to engage in any type of sexual conduct; (B) Not permitted to appear nude, except on stage; (C) Not permitted to solicit or demand or to directly accept, or receive any gratuity or other payment from a patron. Sec. 5.10.120. Standards of conduct and operation applicable to exotic dance studios. A. Standards for Patrons Employees and Entertainers. The following standards of conduct must be adhered to by patrons, entertainers and/or employees of exotic dance studios at all times adult entertainment is performed. 1. Admission to exotic dance studios under this section shall be restricted to persons of the age of eighteen (18) years or more. 15 I 2. All dancing and other adult entertainment shall occur on the entertainment performance areas intended for that purpose described in Section 5.10.110(A). 3. No dancing or other adult entertainment shall occur closer than ten (10) feet to any patron. 4. No patron or customer shall go into or upon the adult entertainment performance area described in Section 5.10.110(A) above while adult entertainment is being performed. 5. No employee or entertainer mingling with the patrons shall be i! unclothed or in a state of nudity. 6. No member of the public or employee or entertainer shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of any other person. 7. No member of the public or employee or entertainer shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public, which contact is intended to arouse or excite sexual desires. 8. No employee or entertainer shall perform acts in a lewd or obscene fashion or perform acts of or acts which simulate: a. Specified sexual activities as defined in this chapter; b. The touching, caressing or fondling of the breasts, buttocks or genitals; or C. The displaying of the pubic region, anus, vulva or genitals except as provided for in subsection 5.10.110(A). 9. No entertainer employed or otherwise working at an exotic dance studio shall solicit any gratuity or other payment from a patron or customer. 10. No customer or patron of an adult entertainment business shall directly pay or give any gratuity or other payment to any entertainer. 11. It is unlawful for any entertainer, manager, employee, or waitperson to perform more than one such function at an exotic dance studios on the same business day. 12. It is unlawful for any entertainer to use any stage name or nickname not listed in the application for entertainers license. 13. No exotic dance studio licensee shall employ as an entertainer a person under the age of eighteen years or a person not licensed pursuant to this chapter. 14. No exotic dance studio licensee shall service, sell, distribute, or suffer the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the licensee. B. The responsibilities of the manager of an exotic dance studio shall include but are not limited to: 16 1. A licensed manager shall be on duty at an exotic dance studio at all times adult entertainment is being provided or members of the public are present on the premises. The name and license of the manager shall be prominently posted during business hours. Managers shall be required to verify and ensure that entertainers possess a current and valid entertainer license available for immediate inspection on the premises. 2. The licensed manager on duty shall not be an entertainer. 3. The manager licensed under this Chapter shall maintain visual observation of each member of the public at all times any entertainer is present in the public or performance area of the exotic dance studio. Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manager is unable to visually observe, at all times, each adult entertainer, each employee, and each member of the public, a manager or assistant manager licensed under this Chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the exotic dance studio. 4. The manager shall be responsible for and shall assure that the actions of members of the public, the adult entertainers and all other employees shall comply with the dress code and conduct set forth in Section 5.10.120 and all other requirements of this chapter. C. Violation/penalty. Any violation of the provisions of this section by a patron, owner, operator, manager, or any employee is a misdemeanor as set forth in this chapter. Sec. 5.10.130. Regulations applicable to adult arcades. All adult arcades shall comply with the following additional regulations: A. Construction/Maintenance. 1. The interior of the show premises shall be arranged in such a manner as to insure that customers are fully visible from the waist down, and all persons viewing such panoram pictures shall be visible from the common areas of such premises. 2. The licensee shall not permit any doors to public areas on the premises to be locked during business hours. 3. Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or license inspector. 4. The licensee shall maintain, at a minimum, illumination as required in this chapter for exotic dance studios generally distributed in all parts of the premises at all times when the facility is open or when the public is permitted to enter or remain therein. B. Standards of Conduct. 1. No patron shall be unclothed or in such attire, costume or clothing so as to be in a state of nudity or engage in any specified sexual activity and no owner or manager shall knowingly allow such conduct. 17 2. No more than one patron at a time shall be present in a booth, cubicle, room, or stall wherein adult entertainment is provided is visible. 3. Violation/ ep nalty. Any violation of the provisions of this subsection by a patron, owner, operator, manager, or any employee is a misdemeanor as set forth in this chapter. Sec. 5.10.140. Regulations applicable to video stores not qualifying as adult entertainment businesses. A. Video stores that sell or otherwise distribute films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of nudity or specified sexual activities, and less than 20% of their stock-in-trade or revenues comes from the rental or sale of such items shall be subject to the following regulations: 1. All such items as are described above shall be physically segregated and closed off from other portions of the store such that these items are not visible and/or accessible from other portions of the store. 2. No advertising for such items shall be posted or otherwise visible, except where such items are authorized for display. 3. Signs readable at a distance of 20 feet shall be posted at the entrance to the area where such items are displayed stating that persons under the age of eighteen (18) are not allowed access to the area where such items are displayed. 4. The manager or attendant shall take responsible steps to monitor the area where such items are displayed to insure that persons under eighteen (18) years of age do not access the age-restricted area. 5. Employees of such video stores shall check identification of persons appearing to be eighteen (18) or under to insure that such items are not rented or sold to persons under the age of eighteen (18). B. Violation/penalty. Rental or sale of obscene material (as defined by state law) or material harmful to minors (as defined by state law) to persons under eighteen (18) years of age is prohibited. Any violation of the provisions of this subsection by an owner, operator or manager of an adult entertainment business is a misdemeanor as set forth in this chapter. See. 5.10.150. Exemptions. A. This chapter shall not be construed to prohibit: 1. Plays, operas, musicals, or other dramatic works which are not obscene; 2. Classes, seminars and lectures held for serious scientific or educational purposes; or 3. Exhibitions or dances which are not obscene. B. For purposes of this chapter, an activity is obscene if: 18 i 1. Taken as a whole by an average person applying contemporary community standards the activity appeals to a prurient interest in sex; 2. The activity depicts patently offensive representations according to city community standards of: a. Ultimate sexual acts, normal or perverted, actual or simulated; or b. Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; and 3. The activity taken as a whole lacks serious literary, artistic, political, or scientific value. C. For purposes of this chapter, an activity is dramatic if the activity is of, related to, devoted to, or concerned specifically or professionally with current drama or the contemporary theater. Sec. 5.10.160. Record keeping requirements. A. All licenses, papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk during the hours when the licensed premises are open for business, upon two days' written notice. The purpose of such inspections shall be to determine whether the licenses, papers, records, and things meet the requirements of this chapter. B. Each adult entertainment business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an adult entertainer, including independent contractors and employees. This information shall be open to inspection by the clerk during hours of operation of the business upon twenty-four hours notice to the licensee. C. No later than March 1 of each year an erotic dance studio licensee shall file a verified report with the clerk showing the licensee's gross receipts and amounts paid to entertainers for the preceding calendar year. Sec. 5.10.170. Inspections. . In order to insure compliance with this chapter, all areas of licensed adult entertainment businesses which are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed premises are operated in accordance with the requirements of this ordinance. It is hereby expressly declared that unannounced inspections are necessary to insure compliance with this ordinance. 19 Sec. 5.10.180. Hours of operation. It is unlawful for any adult entertainment business premises, to be conducted, operated, or otherwise open to the public between the hours of two a.m. (2:00 a.m.) and ten a.m. (10:00 a.m.). Violation/nenalty. Any violation of the provisions of this section by the owner, operator or manager of an adult entertainment business is a misdemeanor as set forth in this chapter. Sec. 5.10.190. Appeal of license denial- hearing. A. Notice. Any person aggrieved by the action of the clerk in refusing to issue or renew any license issued under this chapter shall have the right to appeal such action to the hearing examiner by filing a notice of appeal with the clerk within ten (10) days of notice of the refusal to issue or renew. Such appeal shall be processed pursuant to the hearing procedures set forth in Chapter 2.32 of the Kent City Code. The hearing examiner shall set a date for hearing such appeal, to take place within forty-five (45) days of the date of receipt of the notice of appeal unless such time is extended by mutual consent. At such hearing the appellant and other interested persons may appear and be heard, subject to rules and regulations of the hearing examiner. B. Final Administrative Review. Appeal to the hearing examiner shall constitute final administrative review. C. Appeal to Superior Court. An appeal of the decision of the hearing examiner must be filed with Superior court within thirty (30) calendar days from the date the hearing examiner's decision was personally served upon or was mailed to the person to whom the notice of civil violation was directed, or is thereafter barred. Sec. 5.10.200. License suspension and revocation - hearing. A. Grounds. The clerk, upon the recommendation of the chief of police or other city official responsible for administering laws and regulations pertaining to any license issue under this chapter, or his/her designee, may suspend or revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or through a materially false representation of fact; or for the violation of, or failure to comply with, the provisions of this chapter or any other similar local or state law by the licensee or any of his/her servants, agents or employees; or the conviction of the licensee, or any of his or her servants, agents, or employees, of any crime or offense involving prostitution, promoting prostitution, sexual crimes against children, sexual abuse, rape, distribution of obscenity or material harmful to minors, or transactions involving controlled substances (as that term is defined in RCW Chapter 69.50) committed on the premises of the adult entertainment business. B. Suspension and Revocation. A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for a period of thirty 20 (30) days upon the first such violation, ninety (90) days upon the second violation within a 24 month period, and revoked for third and subsequent violations within a 24 month period, not including periods of suspension; EXCEPT that where the city building official or fire marshall or their designees or the King County Health Department find that any condition exists upon the premises of an adult entertainment business which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with Section 5.10.190 above. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property. C. Notice. The clerk shall provide at least ten (10) days prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension. Such appeal shall be processed pursuant to the hearing procedures set forth in Chapter 2.32 of the Kent City Code. The hearing examiner shall set a date for hearing such appeal, to take place within forty- five (45) days of the date of receipt of the notice of appeal unless such time is extended by mutual consent. At such hearing the appellant and other interested persons may appear and be heard, subject to rules and regulations of the hearing examiner. The decision of the clerk shall be stayed during the pendency of any appeal except as provided in subsection E below. D. Final Administrative Review. Appeal to the hearing examiner shall constitute final administrative review. E. Appeal to Superior Court. An appeal of the decision of the hearing examiner must be filed with the Superior Court within thirty (30) calendar days from the date the hearing examiner's decision was personally served upon or was mailed to the person to whom the notice of suspension or revocation was directed, or is thereafter barred. Sec. 5.10.210. Nuisance declared. A. Public nuisance. Any adult entertainment business operated, conducted, or maintained in violation of this chapter or any law of the City of Kent or the State of Washington shall be, and the same is, declared to be unlawful and a public nuisance. The City Attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining an adult entertainment business contrary to the provisions of this chapter. B. Moral nuisance. Any adult entertainment business operated, conducted or maintained contrary to the provisions of RCW Chapter 7.48A, Moral Nuisance, shall be, and the same is declared to be, unlawful and a public and moral nuisance and the City Attorney may, in 21 addition to or in lieu of any other remedies set forth herein, commence an action or actions, to abate, remove and enjoin such public and moral nuisance, or impose a civil penalty, in the manner provided by RCW Chapter 7.48A. Sec. 5.10.220. Limitation of liability. None of the provisions of this ordinance are intended to create a cause of action or provide the basis for a claim against the City, its officials, or employees for the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. Sec. 5.10.230. Violation; penalty - misdemeanor. In addition to other remedies provided for in this chapter, any person violating any of the provisions of this chapter constituting a misdemeanor shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment, and each and every day during which any violation is committed, continued or permitted shall be deemed a separate offense; provided, no person shall be deemed guilty of any violation of this ordinance if acting in an investigative capacity pursuant to the request or order of the police chief or prosecuting attorney or duly-appointed agent thereof. Sec. 5.10.240. Additional enforcement. The remedies found in this chapter are not exclusive, and, the City may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. Sec. 5.10.250. 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. Any ordinance or regulation in conflict with this ordinance is hereby repealed. SECTION 2. REPEALER. That Ordinance No. 2778 as codified in Chapter 5.11 of the Kent City Code is hereby repealed. 22 SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1995. APPROVED day of , 1995. PUBLISHED day of 1995. 23 I hereby certify- that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK adUbms.ord 24 CONSENT CALENDAR 3 . City Council Action: /I Councilmember �� L 4a movesc, Councilmember secondedthat Consent Calendar Items A through H� e approved. Discussion � _L Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 21, 1995. 3B. Approval of Bills. Approval of payment of the bills received through February 28 , 1995 and paid on February 15 and February 28, 1995 after auditing by the Operations Committee on March 7 , 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/95 151838-152389 $1,716, 025.85 2/28/95 152390-152842 $1, 568,715. 59 Approval of checks issued for payroll for February 1 through February 15, 1995 and paid on February 17, 1995: Date Check Numbers Amount 2/17/95 Checks 201177-201497 $ 263 , 177 .75 Advices 22011-22385 481, 459 . 05 $ 744 , 636. 80 Council Agenda Item No. 3 A-B Kent, Washington February 21, 1995 w Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann, Orr and Woods, Operations Director/ Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Parks Director Hodgson, Finance Division Director Miller. Approximately 30 people were at the meeting. The flag salute was led by Boy Scout Troup 517. PUBLIC Youth Arts Month. Mayor White read a proclama- COMMUNICATIONS tion noting that creative expression by youth is constructive and is a positive social force that should be nurtured and recognized. He pro- claimed the month of March 1995 as National Youth Arts Month in the City of Kent. The proclamation was presented to the Chair of the Arts Commission, Robb Dreblow. King-county Council Issues. The Mayor intro- duced King County Councilmember Chris Vance, who noted that last year the update to the County- wide Planning Policies was adopted and ratified, the Comprehensive Plan was adopted, arrangements were made for the Regional Transit proposal to be on the ballot, and discussions were begun on regional finance and services in terms of Senate T Bill 5038 . He noted that 1995 is the year for implementation of these issues. He spoke about growth management in the fourteen urban centers, one of which is in the City of Kent. He ex- plained that within the next sixteen years, the entire urban growth area will be either annexed or incorporated, and cities will provide high intensity urban levels of service and the County will handle regional issues. He said that under the vision, Kent is virtually compelled to annex all the way out to Covington simply because there is no other alternative. He clarified that the County cannot force the City to do so, but that the area would be small and the County would not be able to provide Police and other urban services. Vance urged the City to contact him if there is a need that the regional government can help satisfy. Upon his question, the Mayor noted that negotiations on the Regional Justice Center are going well and that he anticipates the building permit will be issued by April 15th. 1 February 21, 1995 PUBLIC Regional Transit Authority Proposal Update. COMMUNICATIONS Chuck Kirschner, RTA Planning Manager, noted that the commuter rail demonstration project has been very successful, with 143 people boarding the train in Kent for Seattle this morning. He added that the demonstration train which ran yesterday from Tacoma to Everett carried 2700 people. He then showed a 7-minute video on the RTA. Kent Transit Advisory Board Commendation. Mayor White announced that there is new bus service serving Green River Community College and said the group that made that happen was the Kent Transit Advisory Board. He introduced Board members Bob Whalen, Janette Nuss, Jason Cooper, Mike Etzell, Linda Johnson, Claudia Otey, Russ Stringham, Mike •Skehan, Frank Wiemes and Jay Bakst. He thanked them for their efforts and presented them City of Kent invictas. Mike Skehan said they have enjoyed their duties and that it has been rewarding. He noted that they have worked on the transit element of the Com- prehensive Plan, commuter rail station siting, multi-center transit options, and the Kent Shuttle Task Force. He stated that many people attended their workshops and that the result was more bus service for more people. He thanked the Mayor and members of the Board. Mayor White also thanked City Councilmember Bennett and County Councilmember Vance for their efforts and presented them with City of Kent invictas. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through N be approved. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of February 71 1995 . HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION Kent Elementary School No. 26 (Meadow Ridge Elementary) . AUTHORIZATION to accept the bill of sale for Kent Elementary School #26 (Meadow Ridge Elementary) submitted by Kent School District No. 415 for continuous operation and maintenance of 2 , 880 feet of water main and 1, 92Q feet of sanitary sewer improvements and 2 February 21, 1995 HEALTH & release of bonds after expiration period, as SANITATION recommended by the Public Works Director. The project is located at 27710 108th Avenue SE. WATER (CONSENT CALENDAR - ITEM 3J) Tacoma's Second Supply Pipeline. AUTHORIZATION for the Mayor to execute a Memorandum of Understanding with Tacoma relating to funding Kent's share of the design work associated with Tacoma's Second Supply Pipeline Project upon concurrence of the Public Works Director and the City Attorney, as recommended by the Public Works Committee. Tacoma has requested that Kent assist with the funding of the design of the Tacoma Second Supply Pipeline Project, our share of which would be $791, 000. This project has long been anticipated to be a future water supply source. Due to the Department of Ecology's present moratorium on new water right certificates, future sources are presently limited to either Tacoma's project or the development of the City's Impoundment Project. (CONSENT CALENDAR - ITEM 3K) King County Regional Water Association Joint Operating Agreement. AUTHORIZATION for the Mayor to execute the South King County Regional Water Association Joint Operating Agreement, as recommended by the Public Works Committee. This Agreement establishes a cooperative framework for the development of future water supply sources. SEWER (CONSENT CALENDAR - ITEM 3L) Latecomer Agreement - Stillwater Greens. AUTHORIZATION for staff to prepare and for the Public Works Director to sign a Latecomer Agree- ment for the sanitary sewer improvements of Stillwater Greens, as recommended by the Public Works Committee. The owner/developer of Stillwater Greens sub- division has completed a sewer extension along 128th Ave. SE between SE 272nd St. & SE 264th St. , and has requested that the City implement a Latecomer Agreement for future connections onto. the sewer main in order to recover a portion of 3 February 21, 1995 SEWER the costs incurred which directly benefit other properties. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3F) Upper Garrison Creek Conveyance Improvements. AUTHORIZATION to accept as complete the contract with Gary Merlino Construction for the Upper Garrison Creek Conveyance Improvements project and release of retainage after State releases, as recommended by the Public Works Committee. The original contract was $752 ,922 . 20 . The final construction cost was $787, 237 . 63 . (CONSENT CALENDAR - ITEM 3G) 98th Avenue Drainage Repair/111th-112th Avenue Walkways/5th Avenue Pavement ReplacementJ110th Avenue Sewer Extension. AUTHORIZATION to accept as complete the contract with Mer-Con, Inc. for the 98th Avenue Drainage Repair/111th-112th Avenue Walkways/5th Avenue Pavement Replacement and 110th Avenue Sewer Extension project and release of retainage after State releases, as recommended by the Public Works Committee. The original contract was $130, 426. 48 . The final construction cost was $124 , 238 . 27 . (CONSENT CALENDAR - ITEM 3M) Green River Levee Improvements. AUTHORIZATION to accept as complete the contract with Lloyd Enterprises, Inc. for the Green River Levee Improvements project and release of retainage after State releases, as recommended by the Public Works Committee. The original contract was $272 , 010.31, and the final construction cost was $316 , 427 .89 . The overage is due to the necessity of over excavating unsuitable material at the Signature Pointe Apartments and replacing it with upgraded material. Adequate funds exist within the project fund to cover this overage. (OTHER BUSINESS - ITEM 4B) Surplus vehicles. Certain Equipment Rental vehicles are no longer needed by the City and the Public Works Committee has recommended that they be declared surplus and be sold at the State auction on March 11, 1995 . MANN MOVED that the recommended list of Equipment Rental vehicles be declared as surplus and that they be sold at the State auction on March 11, 1995. Houser seconded. 4 February 21, 1995 PUBLIC WORKS Bennett commented that some of the vehicles have low miles, but have body damage or are not in good condition. He suggested trying to get more use out of the vehicles in the future by main- taining them and not abusing them. Clark noted- that mileage is not a true reflection of how long the engine has been running. Bennett agreed and suggested using two types of measure- ments, such as miles and hours. Orr voiced concern about the length of time vehicles are kept, noting that it is very expensive to replace them every five or six years. She urged staff to take better care of the vehicles. Mann' s motion then carried. DRAINAGE (PUBLIC HEARINGS - ITEM 2A) UTILITY Drainage Utility Financial Plan and Revenue Program. This date has been set for the public hearing on the Drainage Utility' s proposed Six Year Capital Improvement Program and subsequent 1995 and 1996 rate increases. The Public Works Committee has reviewed this issue and recommends adoption if no new information is presented warranting modification of the proposal. Public Works Director Wickstrom noted that the Six Year Program was developed in 1992 , after the floods which took place in 1990, and that this would implement the improve- ments. Wickstrom noted that the total cost is $25,455, 000 of which $12, 283 , 000 is for the Valley Detention project. He noted that the time frame for implementing that project is critical. He added that the first three years of the program (1995, 1996 and 1997) relate to improvements which will solve the flooding problem, and that 1998 , 1999 and 2000 relate to water quality problems. He explained that a two-year increase is being requested in order to fund the Valley Detention project over a longer period of time, and said that the project cannot be done in phases. He explained that if this is not adopted within a month, the project will have to be delayed. Wickstrom then displayed photos of the flood which occurred in 1990 . Wickstrom explained the rate system, noting that each basin has a different rate. He noted that 5 February 21, 1995 DRAINAGE the increase for west and south of the river UTILITY would be 49 cents per month for a single-family residence, and that the increase would range from 49 cents to $2 .70 per month per single- family residence east of the river. He added that in 1996 the rate would go up again between 41 cents and 82 cents. He reiterated that time is critical. The Mayor opened the public hearing. Barbara Ivanov, Executive Director of the Chamber of Commerce, distributed copies of a memorandum expressing their views. She explained that she has not had time to convey to the Chamber members the issues and impacts on their businesses, and requested that the hearing be extended to allow input from them. Paul Seeley, 7735 East Marginal Way, noted that the Boeing Company has already prepared their budget for this year, and said that the impact to them would be up to $490, 000 a year. He said they would like to work out a way to spread these costs out, and asked the Council and the Committee to take that into consideration. Dean Poor, representing Heath Tecna, said their increase would be between $27 , 000 and $30, 000 in the next year, which is a 42% increase, and that this concerns them a great deal. He also said they would like to have the opportunity to dis- cuss some issues further. Glen Anderson, Kent School District, noted that they are concerned about the impact to their budget, and said they would like to determine the impacts to existing schools as well as any that are annexed. He also questioned how long this would run, and noted that the monthly amount for Kent-Meridian High School would double. He asked for time to respond before moving ahead. There were no further comments from the audience and WOODS MOVED to continue the public hearing and return this item to the Public Works Committee. Johnson seconded. Motion carried. It was clarified that the hearing would be continued at a Council meeting after the Public Works Committee has reviewed this issue. METRO (CONSENT CALENDAR - ITEM 3I) Metro 6-Year service Program. APPROVAL of Metro's Multi-Center Alternative per its Six Year Service Program, as recommended by the Public 6 February 21, 1995 METRO Works Committee. This program has been pre- sented to the Kent Transit Advisory Board and they have supported the Multi-Center's approach to new service in the south end of King County. FRANCHISE (CONSENT CALENDAR - ITEM 3N) MCI Metro Franchise Ordinance. AUTHORIZATION to defer action on the MCI Metro franchise ordi- nance, as approved the Public Works Committee on February 13, 1995. The City Attorney's office . was unable to finalize negotiations on the agreement and it would be appropriate to defer action until the City Attorney's Office and the Public Works Committee agree to final language. PLAT (OTHER BUSINESS - ITEM 4A) Julie's Addition Final Plat FSU-94-7. Julie's Addition Final Plat is located between 114th Avenue S.E. and 116th Avenue S.E. on S.E. 264th Place in the recently annexed Ramstead/East Hill annexation area. The plat is 4 . 561 acres in size. The preliminary plat was approved by King County (File No. S89PO110) and upon annexation to the City, the final plat came under Kent's jurisdiction. ORR MOVED to approve Julie's Addition Final Plat No. FSU-94-7 with conditions according to King County Ordinance No. 9950 and File No. S89PO1101 and to authorize the Mayor to sign the final plat mylar. Woods seconded and the motion carried. CURFEW (CONSENT CALENDAR - ITEM 3C) Special Election on Curfew. ADOPTION of Resolution No. 1422 calling for a special election on Initiative Petition 101 establish- ing a curfew for juveniles within the City of Kent, as directed by the City Council at its regularly scheduled meeting of February 7, 1995 . (OTHER BUSINESS - ITEM 4C) Voter's Pamphlet on Initiative Petition 101 - Curfew. Pursuant to RCW 29.81A. 010, the City Council may authorize publication and distri- bution of a voter' s pamphlet, however such authorization must be at least 45 days before the special election held on the matter. A special election on Initiative Petition 101 is scheduled for April 25, 1995. Authorization for the voter' s pamphlet must be granted before 7 February 21, 1995 CURFEW March 10, 1995. Due to the deadlines involved, this matter is scheduled for full Council con- sideration without committee review or action. WOODS MOVED to adopt Ordinance No. 3213 authorizing publication and distribution of a voter's pamphlet pursuant to RCW 29 .81A. 010. Johnson seconded. Woods stated that it is important for the electorate to have an oppor- tunity for education, and noted that the County had no plan to do a voter's pamphlet on this issue. The City Attorney noted a typographical error in the ordinance in the packet and indi- cated that the final copy will be corrected. The motion then carried. McFall explained that the ballot title and the ordinance calling for the special election must be forwarded to the King County Elections Department by March loth, along with an explana- tory statement of 250 words or less prepared by the City explaining what the measure is. He added that two committees are to be appointed to prepare statements for and against the ballot measure, and that the statements must be sub- mitted by March 15th. He noted that the City Council appoints the committees who prepare the pro and con statements, that they are limited to three members each and that these committees must be appointed by March loth. He noted that the City shall announce that committees for and against the ballot are being sought and inter- ested citizens should contact the City Clerk indicating their desire to participate. He also said that the pro and con statements are avail- able for review by the opposing committees and rebuttal statements of 75 words or less must be submitted by March 17th. The Mayor noted that the statement made by McFall is indeed notice that the City is soliciting names for the two committees. It was noted that the committees will be accepted at the first Council meeting in March. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 31, 1995 and paid on January 30 and January 31, 1995 after audit- ing by the Operations Committee on February 8 , 1995 . 8 February 21, 1995 FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 1/30/95 151267-151607 $ 810, 897 . 50 1/31/95 151608-151837 $1, 061 , 143 .49 $1, 872, 040. 99 Approval of checks issued for payroll for January 16 through January 31, 1995 and paid on January 26 and February 3 , 1995: Date Check Numbers Amount Fire Retro 1/26/95 Checks 200818-200842 $ 46, 900.91 Advices 21531-21634 208 , 009 .42 $ 254,910. 33 Regular P/R 2/3/95 Checks 200843-201176 $ 258, 886. 93 Advices 21635-22010 456 , 941. 98 $ 715,828 . 91 (CONSENT CALENDAR - ITEM 3D) Appointment of Auditing Officer. ADOPTION of Ordinance No. 3212 appointing the Operations Committee or its authorized designee as the City's auditing officer, as authorized by the Operations Committee at their February 8th meeting. This technical ordinance, as required by RCW 42 . 24, 080, has been prepared by the City Attorney and reviewed by the State Auditor. (CONSENT CALENDAR - ITEM 3E) Regional Justice Center - Budget Change. Approval that a budget be established for the Regional Justice Center in the amount of $190, 000 to be funded by permit fees paid by King County for the construction of the Regional Justice Center, and that one building inspector position be authorized in the project budget, as recommended by the Operations Committee. This position will terminate upon conclusion of the RJC project. Any remaining funds in the project budget upon conclusion of the project shall be transferred to the General Fund of the City. Quarterly reports will be provided to the Operations Committee. 9 February 21, 1995 REPORTS Council President. Woods announced that the Suburban Cities Association will meet on March 8th in Bothell, and that Councilmembers should contact Ms. Banister. operations Committee. Johnson noted that the Committee will meet at 9 : 30 a.m. on February 22nd. Planning Committee. Orr stated that the Planning Committee will hold a special meeting on March '7, 1994 , from 4 : 00 to 6: 00 p.m. in Chambers West to discuss the Comprehensive Plan, and invited all interested persons to attend. Public Works Committee. Mann noted that the Committee will meet on Monday, February 27th at 4 : 30 p.m. and that the Drainage Utility will be discussed. ADJOURNMENT The meeting adjourned at 8 : 05 p.m. 4itndaJaco er CMC y Clerk 10 �0111 Kent City Council Meeting Date March 7 , 1995 Category Consent Calendar 1. SUBJECT: DISPOSAL OF FORFEITED FIREARMS 2 . SUMMARY STATEMENT: Ado ti(�o-nJ0'o Ordinance No. _ ay5 relating to the disposal of forfeited firearms. The Revised Code of Washington (RCW) 9 .41. 098 Forfeiture of Firearms - Disposition was revised to allow municipalities to determine how they will dispose of forfeited firearms. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Staff and Public Safety Committee (3-0) 2/21/95 (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new chapter to the Kent City Code, Chapter 9 . 05, relating to the disposal of forfeited firearms . WHEREAS, the state legislature passed legislation amending RCW Chapter 9 . 41 relating to the disposal of forfeited firearms; and WHEREAS, said legislation, as codified in RCW 9 . 41 . 098 (2) , provides that firearms coming into the possession of the police department after June 30, 1993 that are judicially forfeited and no longer needed for evidence, or that are forfeited due to a failure to make a claim, may be disposed of in a manner determined by the local legislature; and WHEREAS, subject to certain restrictions, forfeited firearms may be retained for police department use or auctioned or traded with the proceeds being retained by the City of Kent ; and i. ii WHEREAS, the City Council desires to provide for disposal of forfeited firearms pursuant to RCW Chapter 9 . 41; NOW, I THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . There is hereby created a new chapter of the Kent City Code, Chapter 9 . 05, entitled "Disposal of Forfeited Firearms" , as follows : CHAPTER 9 . 05 . DISPOSAL OF FORFEITED FIREARMS Sec. 9 . 05 . 010 . Except as provided in Sections 9 . 05 . 020 and 9 . 05 . 030 of this chapter, all firearms that come into the possession of the Kent Police Department after June 30 , 1993 that are either judicially forfeited under RCW 9 . 41 . 098 and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63 . 32 . 010 or RCW 63 .40 . 010 , may be disposed of by the Kent Police Department, in its discretion, as follows : 1 . Retained for agency use; 2 . Traded to commercial sellers; 3 . Auctioned to commercial sellers; 4 . Destroyed. 2 Sec . 9 . 05 . 020 . All firearms that are "antiques" as defined by RCW 9 .41 . 150, or recognized as curios, relics, and firearms of historical significance b the Bureau of Alcohol, lar Kist Y particular g Tobacco and Firearms shall not be retained for agency use or destroyed. Sec. 9 . 05 . 030 . All firearms that are illegal to possess , as defined in Section 9 . 05 . 040 below, shall be destroyed, and shall not be retained, traded or auctioned. If firearms otherwise illegal to possess may be rendered legal to possess by removal or alteration of component parts, the Kent Police Department may, in its discretion, effect such removal or alteration, and may thereafter dispose of the firearm under Section 9 . 05 . 010 above . Sec . 9 . 05 . 040 . "Firearms that are illegal to possess" means firearms that are illegal to possess as a private citizen under state or federal law. Sec. 9 . 05 . 050 . Any proceeds from the trade or auction of firearms shall be deposited in the City' s General Fund and dedicated for law enforcement . 3 SECTION 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance . Any ordinance or regulation in conflict with this ordinance is hereby repealed. SECTION 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK i . APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 4 i i i PASSED day of 1995 . APPROVED day of 1995 . PUBLISHED day of 1995 . I hereby certify that this is a true copy of Ordinance No . , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the' City of Kent as hereon indicated. �.. (SEAL) BRENDA JACOBER, CITY CLERK firearms.ord 5 //0 Kent City Council Meeting Date March 7 , 1995 Category Consent Calendar 1. SUBJECT: RENTON INTERTIE WATER AGREEMENT 2 . SUMMARY STATEMENT: It h been recommen Public Works Committee that, upon con a of the Public Works Director and the Ci orney, the be authorized to execute eement with Renton for the Emer a of W The City has had an agreement with Renton since the early '80s for the use of emergency water which has now expired. It is therefore necessary at this time for both cities to sign a new agreement. Al �i�?�0p f c cC�YI Q�2EErn�� lV�Z7c/ ce ry �"` Q 3 . EXHIBITS: Public Works Director Memorandum, agreement and Public Works minutes 4 . `RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED_: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3D DEPARTMENT OF PUBLIC WORKS FEBRUARY 27, 1995 TO: Public Works Committee FROM: Don Wickstro� RE: Renton Emergency Water Agreement Attached is a copy of an Agreement for the Emergency Sale of Water between Renton and Kent. We had an agreement with Renton in the early '80's for emergency water useage which expired. At this time, a new agreement signed by both cities is required to allow us to use Renton's water and they can in turn, get water from us. ACTION: Upon concurrence therewith of the Public Works Director and the City Attorney, authorize the Mayor to execute an agreement with Renton for the Emergency Sale of Water. AGREEMENT FOR THE EMERGENCY SALE OF WATER BETWEEN THE CITY OF RENTON AND THE CITY OF ItENI' TWs AGREEMENT made and entered into this day of 1995, by and between the CITY OF RENTON, a municipal corporation of the State of Washington, hereirta.icr eallai "RENTON" and the CITY OF KENT, a municipal corporation of the State of Washington, acting through its Water Department, hereinafter called "KENT". WHEREAS, RENTON and KENT may experience periodic water supply shortfall; WBEREAS, RENTON and KENT recogaize the public benefits of cooperation and collaborative problem solving; WHEREAS, RENTON and KENT are willing to sell water in an emergency at the existing system interties; WIMR.EAS, the panics desire to enter into an AGREEMENT providing for the emergency sale of water. NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1) Term of AGREEMENT The effective date of this AGREEMENT shall be 1995. The AGREEMENT shall be for a minimum of one (1) year and shall continue in full force and effect in its present form or as amended until terminated by either party in accordance with Section 13 of this AGREEMENT. The rates and quantities ofkater sold are set forth in Sections (2), and (7). 2) hate, For 1995 KENT shall pay to RENTON for all water delivered at the rate of$1.73 per 100 cubic feet, which is Renton's retail rate for commercial customers for 1995. For 1995 RENTON shall pay to KENT for all water delivered at the rate of$1.64 per 100 cubic feet during the period to which is Kent's summer retail rate for commercial customers for 1995 and at the rate of$1.24 per 100 cubic during the period to which is Kent's winter retail rate for commercial customers for 1995, The rates charged by the SELLER shall be adjusted each year on January Ist and shall be the retail rates for the coming year for commercial customers. 3) Metering. RENTON and KENT shall each provide, and own and maintain, an appropriate metering device to measure the water flowing through the intertie. An interlocal agreement may be prepared to allow one party.to operate and maintain the intertie and distribute the costs equally between the both parties. Before allowing any water to flow through the intertie, the party requesting the water shall provide a description and documentation of the emergency condition to the other party. 4) Priority and Continuity of Service The determination of whether water is available for emcrgcrrcy sale shall be at the sole discretion of the party.delivering (selling) the water. In the event of a condition requiring restrictions on the delivery of water, the party delivering the water shall' have the right to restrict or interrupt service. The party providing water may voluntarily interrupt or reduce deliveries of water if it determines that such interruption or reduction is necessary or reasonable. Except in cases of emergency and in order that operations will not be unreasonably interfered with, the party providing n-ater shall give the party buying water, reasonable notice of any such huerruption or reduction, the reason therefor, and the probable duration thereof The party buying water shall discontinue or Agreement for the Emergency Sale of Water by the City of Renton to the City of Kent Page 2 reduce service from the interne upon reasonable notice. Service shall be reactivated or increased again subject to the aforementioned conditions. 5) Water Quality. The quality of water delivered under this AGREEMENT shall be subject to applicable provisions of State and Federal law and rules and regulations of the appropriate Statc agency governing watcr quality, and subject also to applicable provisions of City ordinances relating thereto and not inconsistent herewith. Each party agrees to deliver water which shall be of no less quality than is delivered to its other retail customers throughout the sen7cs area. 6) Ouantity of Water. Depending upon demand conditions, water availability (including conservation impacts), as well as aquifer behavior, in the RENTON system, RENTON may make available, for purchase by KENT, up to the approximate amount of three and a half million (3,500,000) gallons per day or more from the existing emergency interne located at SW 43rd and Lind Avenue South. Depending upon demand conditions and water availability (including conservation impacts), KENT may make available, for purchase by RENTON, up to Mo million (2,000,000) gallons per day from the existing emergency intertie located at SW 43rd and Lind Avenue South, 7) Coordination and Project Mananaement. A) Oocrations: For the purpose of operating the water system interne between RENTON and KENT, coordination shall occur between representatives of the systems,who are: Water Maintenance Manager, City of RENTON and Water Superintendent, City of KENT (or their designated representatives). The coordination shall consist of exchanging operational information such as when the intertie is used, the respective flow rates, pumping capacities, back-pressure sustaining valve setpoints, system pressure effects, water quality characteristics, and other operational information as necessary to accomplish the purposes of this AGREEMENT while maintaining safe operation of both systems. E. Engineering; For the purposes of coordinating engineering issues regarding the RENTON and KENT interne, the followring personnel shall be the designated representatives: Water Utility Supervisor, City of RENTON and City Engineer, City of KENT _ (or their designated representatives) Tne engneering issues addressed shall include operational criteria as well as hydraulic behavior, w'atcr quality considerations, and other appropriate engineering issues. Agreement for the Emergency Sale of Water by the City of Renton to the City of Kent Page 3 C. Administration: For the purposes of AGREEMENT administration and AGREEMENT modifications or interpretations, the following personnel shall be the designated representatives: Planning/Building/Public Works Administrator, City of RENTON and Public Works Director, City of KENT (or their designated representatives) S) Payment. The City providing the water shall .read the meter once each month at approximately thirty (30) day intervals (when the intertie is being used). Payment shall be made by the City receiving water as soon as possible a$er receipt of statement and in any event, not aater than the tenth (10) of the second month following the presentation of the bill. In the event a meter shall fail to register or obviously register incorrectly, the amount of water considered delivered through said meter shall be the amount delivered the previous day or the last day that the meter was previously known to be properly functioning and the total amount registered shall be pro-rated based on the number of days multiplied times the reading used. 9) Penalties For Late Payment. The City selling water may assess a late charge on the City buying water for failure to comply with the provisions in Section (10). This charge shall be at the rate of twelve percent (121/'Q) per year. In the event that the City buying water should fail to make any payment for a period of sixty (60) days after the same becomes due, The City selling water shall have the right to terminate further water service until such delinquency is cured. 10) Procedure for Amending the Contract. Either party can request the other to consider an amendment of the AGREEMENT. Any proposed amendments shall be made in writing. Amendments may be made if they are mutually acc-ptable to RENTON and KENT and signed by both parties. Minor or operational amendments may be made by .the Administrators. 11) Access to Facilities and Records. Each party shall be entitled to inspect the intertie facilities of the other at any reasonable time. Both parties agree to make mutually available such information or records regarding the intertie as are at their disposal and as may be reasonably necessary to properly implement any section of this AGREEMENT. 12) Non-Assignability. Neither this AGREEMENT nor any interest therein shall be transferred or assigned by either City without prior written consent of both Cities. 13) Termination. This AGREEMENT may be terminated in whole or in pan by either party any time after one year front date of this AGREEMENT, upon ten (10) days written notice sent by ccrtifird in;ul to the other party. Agreement for the Emergency Sale of Water by the City of Renton to the City of Kent Page 4 IN WrMSS WHEREOF, the parties have hereunto set their hands this day and year above written. CITY OF RENTON CITY OF KENT By: By: Earl Clymcr, Mayor Jim White, Mayor ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: Marilyn J. Petersen, City Clerk XXXX X. XXXXXXI City Clerk- APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: Larry Warren, City Attorney 3DCM)DCXXXX, City Attorney H:D0Cs:94.1053a:JDW:ps Michel Gadbois of Flow International stated that Flow has a concern with the speed with which this proposal came forth and having to put the rates in their budget for this coming year and the second concern is, this seems like a large, aggressive move and they feel that Kent is a city with modest needs. They feel we would be almost doubling the operating expense for utilities. They feel we should be able to tailor our expenditures to meet our needs. Wickstrom explained that the program is both a cash flow program and a bonding program. He said that under the 6 year proposal we were looking at $25 million with about$7 million actual cash - cash is generated from that additional revenue to cover the bond coverage debt and is filed back into the capital improvement program. He said that under the councilmanic issue, the total revenue stream would not go up to the $5.5 million per year - in the first year we would only go up to approximately $500,000 - $600,000. Therefore, the councilmanic issue has a significant reduction in the rates. Paul Seely of Boeing, complimented staff on their efforts in trying to find other ways to figure out this increase. He requested an updated packet on figures, when it is available. Dean Porter of Heath Techna asked if this particular funding option has any downside to it. Wickstrom said it does cut into councilmanic capacity; other than that, utility projects are funded strictly thru revenue bonds. There would be a change here and we can justify that because of the rate impact. He said there really isn't a downside. Committee concurred that this item will be brough back at the next Public Works meeting on March 13th. 0 Renton Emergency Water Agreement �� Wickstrom explained that last summer, because of the dry spell, we had some concerns about the ability of our system to supply our needs -we had some wells dropping so we used everyone else's water before we used ours. He said we have an intertie that we built with Renton in the 70s. Renton had a concern with this and therefore established an agreement with us. This sets up a means which recognizes that intertie and allows us, if they have water available, to buy from them. We can in turn, sell water to them if we have it available. This agreement sets the rate which is our standard consumer rate. Committee unanimously recommended that upon concurrence of the Public Works Director and the City attorney, authorize the Mayor to execute an agreement with Renton for the emergency sale of water. Speed Humps along SE 236th PI Wickstrom stated that after studies were taken by staff and various attempts were made to try to reduce the speed thru this area, the neighborhood got together and signed a petition with enough signatures to meet the guidelines of the next step, that being installing 6 speed humps. We are asking for concurrence of that and authorization to install the speed humps. Committee unanimously recommended that speed humps be installed along SE 236th PI between 104th Ave SE & 108th Ave SE. 7 ._ Kent City Council Meeting Date March 7 , 1995 Category Consent Calendar 1. SUBJECT: SPEED HUMPS ON SE 236TH PLACE d �° Mmer 2 . SUMMARY STATEMENT; feco L ^ate' he Public Works Committee install speed humps on S.E. 236th Place between 104th Avenue S.E. and 108th Avenue S.E. to alleviate the speeding problem thereon. After an extensive study by Public Works staff and the posting of speed signs, a speeding problem still exists along S.E. 236th Place. ,SEE 7T�Cf/ED 3 . EXHIBITS: Public Works Director Memorandum, vicinity map, petition and Public Works minutes 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E DEPARTMENT OF PUBLIC WORKS JANUARY 27, 1995 TO: Public Works Committee FROM: Don Wickstrom RE: Speed Humps along SE 236th PI Between 104th Ave & 108th Ave. At the September 12, 1994 Committee meeting, the issue was raised regarding neighborhood traffic problems on SE 236th Place between 104th Ave & 108th Ave. The Neighborhood Traffic Control Program (NTCP) began on this street in 1988 at which time, the residents asked that the speeding problem on 236th PI. be addressed; vehicles were traveling between 30 - 41 mph. The City installed larger speed signs; painted a double yellow centerline and posted No Parking signs on the south side of 236th. Two more studies were taken in 1994 which showed that 85% of the motorists were still traveling at 35 mph. Residents have requested that speed humps be installed along SE 236th PI. ACTION: Recommend that speed humps be installed along SE 236th PI between 104th Ave SE & 108th Ave SE z L�w HIM LaJ. 0 a(1100, Ni S cr W �- O 3 39 d z� z39 3V ® H1911 w4 mist 'eS 53 l9it m T 9 AV v" b 3Stt` „ Hltti 39 ld Hltij N m o o� NH1 1 N 1�ta Zd HL£II ©� 7d W r1Yn6 W 32 2 vN N �ZJ N N� tad N lfitt lfiit a 3S3 S1/hV/7 �3S 3nv HiZ11 pnd) Hlti / [Jg N 'A y 3S "W N y N IE W H10SI Id %OTH w OS� ,E ~ wN 3S 3AV= F3H it AV h"I It SE•S•r 12'�^ H160T r� oHall N F nr't D N a >- a,N q O z JP� 'ri �� ► 3S 'Id CH190t W WN Ono e N Wm G h AV M1901 OWIN tYv V S S S 2 V S Hl 1�i4' �' �iA, J t ti N. q 1p) y a ,�� r' N w fN IL NN NY 'AS 3AV 4 / �d w a h S 190t yJ��{. » n tp6tH o0 m V N W VE d0 W y / 3S 3AV - N p {['.e p y'�SOr N n H ~ H1S0I� yQV ry N N O Nd N *'I`•��IY , 1�JA't N N me 1y1� W J U H1tOt rat °' •" .._..7c- n 35 _F 3AV HltOt = mN 3S 3AV F N N N at N N .S W ,; aaeot uc N m � - a 35 3AY � W N ♦.' .. ? apooi��og-• •ONZOt J=J v7 F )' =WO Owl 3s 3AV 3AV ^ Co H1001 v_ I.. _ Q 3S 3AV H100t 00 L / ei S 3AV H166 v a (Yd) ) J N H a� a l Aa MV S C S 3AV H186 V 3AV H196 ! �,A O c I W .' z / N LL / a i.o a >u V N19 S c S S 3AV Hl% O t$ N p H a A-0 a I p a 9 3" S 3AV HI" S 3AV HI" q � m N � ♦ N z V S ^« N of .91 ' S ,dar+zs s N ]LAWdO1TIH lJAwrtS N 1�A S.E. 236TH PLACE �I (104th - 108th) SPEED NEIGHBORHOOD TRAFFIC -� LIMIT CONTROL PROGRAM 2d CITIZEN PETITION FORM Neighborhood Contact Person: SEE BELOW ** Date: FEBRUARY 1995 Address: SEE BELOW ** Phone: SEE BELOW ** Location(s): SE 236TH Place between 104th SE and 108th SE Speeding Vehicles, Traffic Violations, and Volume of Traffic Concerns: See attached Memorandum, Photo, etc. THE RESIDENCE OF SE 236TH Place between 104th SE and 108th SE REQUEST THE INSTALLATION OF SPEED BUMPS AS REQUIRED . . . Check box if you are willing to participate in the neighborhood traffic control program. I Name - Address - Phone Number Comments q 2 3 GG�L �e 61• o� j= t3 'r T i �1 E'- 7-T ❑ �J VIA 1 ��- ,Gc.�•7 ICSiz S� Z3(-"LA PL rt.krl ❑ n � � X-x-•1'--eP � �� 1 c���S����i-u'�� CY SPEED NEIGHBORHOOD TRAFFIC , LIMIT CONTROL PROGRAM 25 CITIZEN PETITION FORMr`� � yp� SEE BELOW ** FEBRUARY 1995 Neighborhood Contact Person: Date: — — Address: SEE BELOW ** Phone: SEE BELOW ** Location(s): SE 236TH Place between 104th SE and 108th SE Speeding Vehicles, Traffic Violations, and Volume of Traffic Concerns: See attached Memorandum, Photo, etc. THE RESIDENCE OF SE 236TH Place between 104th SE and 108th SE REQUEST THE INSTALLATION OF SPEED BUMPS AS REQUIRED . . . Check box if you are willing to participate in the neighborhood traffic control program. Name - Address - Phone Number Comments /o6 2 3 SE A _ . 7— 14 �t � .� 8so -3,7Z3 L� - Yb IoroII s k- Z3�TeIA`i 2- fin! (�f P�ycl� sa o 8 ❑- �a w,r eP 51%�SY� 913—,9 ' ❑ /D4+35 SE 231�yC El ❑ �- ❑ E i AFFICD NEIGHBORHOOD TR T CONTROL PROGRAM err •� CITIZEN PETITION FORM SEE BELOW ** FEBRUARY 1995 Neighborhood Contact Person: Date: Address: SEE BELOW ** Phone: SEE BELOW ** Location(s): SE 236TH Place between 104th SE and 108th SE Speeding Vehicles, Traffic Violations, and Volume of Traffic Concerns: See attached Memorandum, Photo, etc. THE RESIDENCE OF SE 236TH Place between 104th SE and 108th SE REQUEST THE INSTALLATION OF SPEED BUMPS AS REQUIRED . . . a Check box if you are willing to participate in the neighborhood traffic control program.(l Name - Address - Phone Number Comments Cl ❑El ❑ .. �ocLs;-, 1�::-� ; o Ic"it ` •a �3� - 7-I��. Iw<<- i Ww� � g.yt_I . . i'n•y My 7Gi: 7 S "Wcc.:> lAiY' ING S 1 ,� 6•;-� JzN IW5 I c -1 c,4 c t' ofna T10N LD j 1 R+5 YRM RTT RROTFCIFO ab`1- t,tgq `s Sq - I-7 3 .r�c .ss,, IGl'1Ie 1''vrri CiiJ lClt'Z'3 SSq -3z1S �SE'-•37z� C(.;': I CTT[G IZ rj G irk JIB - 2ct ICCA J N^�,nc n 4CLr1 fsya- '2 J ,AL L7AU•Z i!� ti f"LLtg-V iC �GL� 1CL•C'y 1�i $5`fi„4•c�c 5 N i� 1-�A uQ 1�53�1 I� � t�v0 1"t-'�'�� l�l `6 5�f•- `'172 � i2v 1 �3'1 SZ r l�lrtzr� t c%;�Lm J` 2-3Lc6 2-3Lj R -Hu S isilk l 0 -•t)5-1 l f'Z � ---c u>_ r 1 4 _ S�-4a%;>- II 7=1.1i';. e G z 1 GA ` 2 i 0,'S- �c�I�b � ► l >'y•-4 iB t7 e" �y T�.� � i:T:�+aL• .� Michel Gadbois of Flow International stated that Flow has a concern with the speed with which this proposal came forth and having to put the rates in their budget for this coming year and the second concern is, this seems like a large, aggressive move and they feel that Kent is a city with modest needs. They feel we would be almost doubling the operating expense for utilities. They feel we should be able to tailor our expenditures to meet our needs. Wickstrom explained that the program is both a cash flow program and a bonding program. He said that under the 6 year proposal we were looking at $25 million with about $7 million actual cash -cash is generated from that additional revenue to cover the bond coverage debt and is filed back into the capital improvement program. He said that under the councilmanic issue, the total revenue stream would not go up to the $5.5 million per year - in the first year we would only go up to approximately $500,000 - $600,000. Therefore, the councilmanic issue has a significant reduction in the rates. Paul Seely of Boeing, complimented staff on their efforts in trying to find other ways to figure out this increase. He requested an updated packet on figures, when it is available. Dean Porter of Heath Techna asked if this particular funding option has any downside to it. Wickstrom said it does cut into councilmanic capacity; other than that, utility projects are funded strictly thru revenue bonds. There would be a change here and we can justify that because of the rate impact. He said there really isn't a downside. Committee concurred that this item will be brough back at the next Public Works meeting on March 13th. Renton Emergency Water Agreement Wickstrom explained that last summer, because of the dry spell, we had some concerns about the ability of our system to supply our needs -we had some wells dropping so we used everyone else's water before we used ours. He said we have an intertie that we built with Renton in the 70s. Renton had a concern with this and therefore established an agreement with us. This sets up a means which recognizes that intertie and allows us, if they have water available, to buy from them. We can in turn, sell water to them if we have it available. This agreement sets the rate which is our standard consumer rate. Committee unanimously recommended that upon concurrence of the Public Works Director and the City attorney, authorize the Mayor to execute an agreement with Renton for the emergency sale of water. Speed Humps along SE 236th PI Wickstrom stated that after studies were taken by staff and various attempts were made to try to reduce the speed thru this area, the neighborhood got together and signed a petition with enough signatures to meet the guidelines of the next step, that being installing 6 speed humps. We are asking for concurrence of that and authorization to install the speed humps. Committee unanimously recommended that speed humps be installed along SE 236th PI between 104th Ave SE & 108th Ave SE. Kent City Council Meeting Date March 7 , 1995 Category Consent Calendar 1. SUBJECT: METRO EASTp�KFNT PARK & RIDE LOT U" fWwf�- 2 . S As recommended =County lic Works irector authorization o accep a le for Metro East Kent Par 1 e of submitted byy Departmentof Metropolitan Services for continuoun and main- tenance of 465 feet of sanitary sewer ts, and releaseof bonds after expiration period Thes located at132nd Avenue S.E. & Kent Kangley Highw 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• .ACTION• Council Agenda Item No. 3F mr e SE zurH T Z -�— LA H), ��� 24 D �r ST (Ph) T ~O LAhk 5 245TH v N sr u Golf COUrse = 245 fi o Y 2467 d� P.d 246TH rr sr SE 21)7TH gt ST :r Meridian Valleyy SE 247TH P p W W `�e�y Golf b Country CIUb SE 248TH ST �� �� ' �Pewd. � c m MARTIN „ « O ClUbllOUSe N SORTUN H 9tN p� w w p ELEM. L r� C ?S SF'2� S O S E 1 ct T 5 ZS SE 251 ST SE 2513T SW Q 1ST SE 250" ST. SE 25AT o ST(Pv(I n� p SE 251ST `pT 'rt \ W PL H .A. ~ W \ < fh SE 252ND� PLN SE xs SE 252ND ST ® W W VIdSLr W p p a 253 ui Reservoir p n _ CL > �,, W SE - �i > ^, J = H n a 2 9L < 6y 2 W h75` N b p \ h In 21 , 22 SE 256TH ST 28 SE 257ne3 'F 28 27 < 257TH ST °..' >MERIDIAN >i �BTH -S ea7 h SE 257TH CT"-' m a ELEM. s W KENT SCHOOL STRICTsE zSeTH ST w SE zs6TH L0 '' y ADMINISTRATION LOG. SE z5eTH ST w w ,N6A > 256 CT n � 74 m 59THV `F a SE 259TH 1 \ ST S�' 91H �{ Pl C SE 260TH \ w a SE 26MT ST \ gt SE 261ST \ ST \` 7 N w l G � ` ? m SE �:Ct 0 p NO3 SE SE 264TH ST •SE 26.5p0 SE 26ATH S7 } LAKE sF zs 515 < PROJECT LOCATION MERIDIAN SE 265TH .o< W h SE 26 e'4 -H PL Q W > S F n 2L ? V � m lV � 268TH SE 26BTH ST ST W ' \SE 270TT1 ST a W v Q 2 p A p J W a „ d p Z F 9 a SE if 272NO ST 272NO SE 272M Q r .2 W Q p 0 p p O P p Z G SE 274 W h W N W SE 2T]RD PL > ST ^ ' ` ^ ` METRO EAST KENT PARK & RIDE LOT < < SE 276 sE O 274TH ST W W Sr Z Z 3T i Kent City Council Meeting Date March 7 , 1995 Category Consent Calendar 1. SUBJECT: JONES/HOBBS ANNEXATION ZONING (AZ-95-1) .- 2 . SUMMARY STATEMENT: uthorizat� to set March 21, 1995 and May 2, 1995 as public hearing dates to consider the initial zoning for the Jones/Hobbs Annexation area (AZ-95-1) . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• .ACTION• Council Agenda Item No. 3G )P( Kent City Council Meeting Date March 7 , 1995 Category Consent Calendar 1. SUBJECT: 1993 OPEN SPACE BOND I�N�T�EoREST 2 . SUMMARY STATEMENT: Acceptance from King County of $117,874 in 1993 Open Space Bond in eres to be added to the Interurban Trail Project. 3 . EXHIBITS: Letter from King County 4 . RECOMMENDED BY: Parks Committee on June 2 1994 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: .ACTION• Council Agenda Item No. 3H King County Office of Open Space Parks Division Parks, Planning,and Resources Department 1621 Smith Tower 506 Second Avenue Seattle. Washington 98104 (206)296-7800 February 14, 1995 Ms. Helen Wickstrom Superintendent of Parks Administration City of Kent 220 Fourth Avenue South Kent, WA 98032 RE: Allocation of 1993 Open Space Bond Interest Earnings Dear Ms. Wickstrom: On January 17, 1995, King County Council passed Ordinance 11658 allocating 1993 interest earnings on the 1989 Open Space Bond. As a result of this ordinance, your accessible funds are increased by $117,874 for Interurban Trail. Please update your records to reflect this increase in the project budget. If you have reimbursable funds for this project, please submit appropriate documentation for reimbursement. If you have any questions relating to this matter, please call me at 296-7778. Thank you for your patience in this matter. Sincerely, Robert F. H. Kniestedt Program Analyst RFHK:elm P/1 Kent City Council Meeting Date March 7 . 1995 Category Other Business 1. SUBJECT: INITIATIVE PETITION 101 JUVENILE SAFETY AND FAMILY RECONCILIATION (CURFEW) - COMMITTEE APPOINTMENTS 2 . SUMMARY STATEMENT: Participation in the King County Voter Pamphlet for Initiative 101 requires Council appointment of two committees of three members each, to prepare for and against statements on the initiative for the pamphlet. Council President Woods will recommend appointments for Council action. 3 . EXHIBITS: None 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds for the appointments of to the Voter Pamphlet "For" Committee, and of to the Voter Pamphlet "Against" Committee. DISCUSSION: .ACTION• Council Agenda Item No. 4A Kent City Council Meeting Date March 7 , 1995 Category Other Business 1. SUBJECT: SEATAC SEWER EXTENSION REQUEST - RESOLUTION 2 . SUMMARY STATEMENT: The City of SeaTac has requested a Land Use Certification for a proposed Sanitary Sewer connection to METRO's ULID 250 Trunk Sewer. This sewer line is located on S. 212th Street and currently ends at the Green River. In the past, the Mayor, City Council and staff have consistent- ly opposed this sewer extension. Accordingly, this resolution opposes and does not certify SeaTac's proposed sewer extension. 3 . EXHIBITS: Exhibits are attached to resolution; two letters from METRO with the following dates: December 12 , 1994 with attachments and February 15, 1995, copy of Section 5 C of King County Ordinance No. 11034 4 . RECOMMENDED BY: Planning Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember VV V moves, Councilmember seconds to adopt Resolution No. l __ •.J ,%, which states that the proposed extension to METRO's ULID 250 Trunk Sewer is not consistent with the City's land use policies and zoning. DISCUSSION• ACTION: \i Council Agenda Item No. 4B RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, stating that the City will not certify the City of SeaTac ' s request for a sanitary sewer connection to METRO' s ULID 250 Trunk Sewer on South 212th Street . WHEREAS, a portion of Metropolitan King County' s ( "METRO" ) ULID 250 Trunk Sewer Line is located within the City of Kent in the right-of-way of South 212th Street and ends on the east side of the Green River at South 212th Street ; and WHEREAS, in the past, the City of SeaTac has repeatedly sought permission from the City of Kent to develop a sanitary sewer system that would extend into the City of Kent and eventually connect to METRO' s ULID 250 Trunk Sewer Line; and WHEREAS, the City has consistently opposed and stated its reasons for opposition to the construction of any such sewer system within that portion of the City of Kent ; and WHEREAS, on August 2 , 1994 , the City of SeaTac once again sought to extend this proposed sewer system into the City of Kent (see Exhibit A) and the City, in turn, clearly responded with its reasons for opposing this extension (see Exhibit B) , which reasons centered on the City of Kent ' s concerns regarding direct stormwater and traffic impacts to the City of Kent and increased pressure to develop this agriculturally designated area; and WHEREAS, the City of SeaTac has most recently applied directly to METRO, without prior notice to the City of Kent, to develop this sewer system and extend it through the City of Kent to connect to METRO' s ULID 250 Trunk Sewer Line in order to provide sanitary sewer service to approximately 333 acres, part of which lies within the existing city limits of SeaTac and part of which lies within an area that is proposed--but not approved-- for annexation to SeaTac; and WHEREAS, pursuant to Section 5 (C) of King County Ordinance No. 11034, before METRO can authorize extension and connection of this sewer line, METRO' s Executive Director must first obtain certification from the legislative body of concerned or affected jurisdictions that the proposed connections or extensions are consistent with local land use policies ; and WHEREAS, because the proposed sewer extension crosses through and seriously affects a portion of the City of Kent, the City of Ken- is an affected jurisdiction under King County Ordinance No. 11034 ; and WHEREAS, the City of Kent has designated the areas lying north and south of South 212th Street west of the Green River as Ag—riculture in its current Comprehensive Plan; and WHEREAS, the City of Kent has zoned the area on both sides of Scuth 212th Street as A-1, Agriculture; and 2 WHEREAS, the City Council of the City of Kent continues to oppose the City of SeaTac ' s proposed sewer system extension for the reasons indicated above, which are more clearly addressed in the City of Kent Mayor Jim White ' s letter dated August 16 , 1994 , which is attached as Exhibit B; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section 1 . The foregoing Recitals are by this reference incorporated herein and made a part hereof . Section 2 . The City of Kent finds that the proposed extension of METRO' S ULID 250 Trunk Line is not consistent with Kent ' s land use policies, Comprehensive Plan and Zoning in the area through which the proposed sewer line will pass in Kent . Section 3 . The City of Kent does not certify the City of SeaTac ' s request for this proposed sewer extension. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1995 . Concurred in by the Mayor of the City of Kent, this day of 1995 . JIM WHITE, MAYOR 3 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No . passed by the City Council of the City of Kent, Washington, the day of 1995 . (SEAL) BRENDA JACOBER, CITY CLERK ULID250.res 4 CITY OP Mayor City Manager Joe Brennan D.Scott Rchlfs Deputy Mayor Assistant Terry Anderson (� City Manager Councilmernbers v�'��7^�� Thomas J.Fus Roger Anderson 1 City Attorney Shirley Thompson Daniel B.Heid Frank Hansen Kathy Gehring City of SeaTac Don DeHan 17900 International Blvd., Suite 401 • SeaTac, Washington 98188-4236 City Hall: (206)241-9100 • Fax: (206)241-3999 TDD: (206)241-0091 August 2, 1994 R c C E i V ; Mayor and City Council �� i 199,d City of Kent 220 4th Avenue S. OFFICE 0-THE= (AAYOP Kent, WA 98032 Dear Mayor and Councilmembers: I am writing this letter on behalf of the entire City of SeaTac City Council. As you may or may not be aware, the City of SeaTac, over the last four years, has endeavored to service one of its property owners with sewer by way of a trunk extension from an existing Metro line located in the City of Kent. Unfortunately, our efforts to do so have been hindered by the apparent unwillingness by the City of Kent to reasonably allow such an extension. The effect of this action (inaction) by.the City of Kent has materially impacted the subject property owner within the City of SeaTac by removing his opportunity to develop his property. Although it remains somewhat unclear to our City why this relatively straightforward situation has been effectively blocked by the City of Kent, we are now at the end of our patience in trying to work out an amendable understanding with Kent at the staff level. The property owner, Victor Scalzo, has recently approached the City Council and suggested that legal action may be his remaining remedy to break the apparent bottleneck in securing this basic service to allow development of his property. The intent of this letter is to assure our City Council that this matter has come to your attention, as fellow elected officials, so that we can determine if the lack of consensus from the Ciiy of Kent has been.before you. At this point in time, and to protect the interest of one of our citizens, it is imperative that we are reach an understanding with the City of Kent or that we explore alternative forums to assure that this situation does not continue. We are hopeful that by calling this directly to your attention, the matter can be quickly resolved. However, after four years of effort, it is imperative that we receive a response as to your position on this issue within the next ten (10) working days. It would be our intention to provide an opportunity for comment by the City of Kent for any future development that may occur on the property that Kent believes may, in some manner, have an impact within Kent's territorial limits. However, the appropriate time and venue for that input is already provided for under State law and this letter may also serve as our assurance that any comments you choose to make will be treated with the regard they're due during the process of development. August 2, 1994 Page 2 Also, please be assured that the City of SeaTac desires to facilitate communication and cooperation between our cities on this and any other issue of mutual interest, but cannot allow itself to be the victim of any kind of arbitrary or unwarranted action that materially and negatively affects any of our citizenry. Thank you in advance for your consideration of this matter and we look forward to hearing from you in the time prescribed above so that this matter can be dispensed within a cooperative and positive manner. Sincerely, Joe Brennan, Mayor cc: SeaTac City Council Mayor and all Councilmembers of Kent King Couniy Council Gary Locke, King County Executive D. Scott Rohlfs, SeaTac City Manager Dan Heid, SeaTac City Attorney Victor Scalzo, Property owner 0152.94 CITY OF i Jim White, Mayor August 16, 1994 Mayor and City Council City of SeaTac 17900 International Blvd., Suite 401 SeaTac, Washington 98188-4236 RE: Sewer Trunk Extension--Victor Scalzo Property Dear Mayor Brennan and Councilmembers, Thank you for your August 2, 1994, letter regarding the above-referenced sewer trunk line extension. I offer this response both for myself and for the Kent City Council. As you indicated, the City of Kent and the City of SeaTac have been discussing this proposed sewer extension for some time. During these discussions, various SeaTac representatives have come forward with differing information and differing proposals affecting Mr. Scalzo's development. In response to the information your representatives provided, Kent has alternately been nonsupportive and supportive of this proposed extension. However, based on the latest information provided us, we remain unwilling to allow this proposed sewer extension. In your letter, you asserted that Kent's refusal to provide this extension was unreasonable. We have tried repeatedly to explain our position (and its reasonable basis)to your City Manager(s), Public Works Director and City Attorney. Because Mr. Scalzo's property lies on the east flank of the "west hill" ridge and is oriented to the Green River Valley and, specifically, the City of Kent, it should be exceedinjly clear to all of you that this proposed development will have a direct impact on Kent's systems and services. Among the various potential impacts of Mr. Scalzo's proposed multi-family development, the City of Kent has expressed its concerns in two significant areas. First, all stormwater run-off from this development will flow into Kent's storm drainage system. As a result, this proposed development will increase volumes flowing into Kent's Ejkk-NUIT Mayor and City Council City of SeaTac August 16, 1994 Page 2 system and could also adversely affect water quality. The City of Kent has designated the property lying directly to the east of Mr. Scalzo's property as agricultural. Run-off from the development could oversaturate these properties and degrade their agricultural effectiveness. Further, an unintended spill or poorly designed or'constructed filtration or detention systems could degrade water.quality in the Kent's storm drainage system. These water quality issues become even more crucial as they affect Kent's outfall into the Green River. I am sure you can appreciate the regulatory quagmire Kent would face with DOE,the Army Corps of Engineers,various Indian tribes and others should our storm drainage system negatively impact the Green River. Second, a substantial amount of traffic from the development will also flow "downhill" to the Kent industrial center on the valley floor--for employment, for commercial and retail services and for access to SR 167. The additional traffic trips generated will significantly impact the City's street system, in particular the intersection of 212th Street and the West Valley Highway. The City of Kent must seriously consider the proposed development's traffic impacts. For example, these impacts may impede the City's ability to achieve its stated Level of Service goals under the Growth Management Act. Accordingly, these traffic impacts must be mitigated or the development must be denied. Because Mr. Scalzo's multifamily development proposal impacts Kent in so many ways, we discussed entering into an interlocal agreement with SeaTac that would insure that Kent and SeaTac would share decisionmaking authority on SEPA issues. That way, the City of Kent could independently determine the development's environmental impacts to the City and could require the developer to mitigate those impacts as a condition of development. You deternuned not to enter into such an agreement. Instead, you have asked Kent to rely on the SEPA process and our opportunity to comment" to identify and mitigate impacts to the City. However, the City of Kent will not yield its authority. In the past, we have repeatedly commented on the impacts of development in King County on the City of Kent, and we do not feel our concerns were adequately addressed. Although we would not expect the same treatment from a sister jurisdiction, we nevertheless cannot abdicate our authority over these matters of great concern both to us and to the citizens of Kent. Perhaps most importantly, construction of this sewer trunk line, even if by a force main system, will tend to increase development pressure on the very same agricultural lands previously mentioned in this letter. The Kent City Council has repeatedly affirmei its intent to preserve these historic lands as a remnant of the valley's agricultural past. As a result, even if we can structure an agreement that satisfactorily addresses mitigation of environmental impacts, I still cannot guarantee the support of the City Council, as they simply may not be willing to escalate development pressure on these historic properties. Mayor and City Council City of SeaTac August 16, 1994 Page 3 Hopefully,this letter clearly explains our position on this matter. I trust you now recognize that you are not the "victim of any kind of arbitrary or unwarranted action" as you stated in your letter. Also, I too want to assure you that Kent desires to facilitate communication and cooperation between our cities. However, on this matter, we will not yield our right to insure that the City of Kent is protected from the impacts of the proposed development. Sincerely, im White, Mayor cc: Kent City Council SeaTac City Council Gary Locke, King County Executive D. Scott Rohlfs, SeaTac City Manager Dan Heid, SeaTac City Attorney Brent McFall, Kent Director of Operations Roger Lubovich, Kent City Attorney Don Wickstrom, Kent Public Works Director METRO Municiprllty of Metropolitan Beattie TFEB 2 Ac Exchange Building • 821 Second Ave. 4 Seattle, WA 98104-13 8 PLANNING-DEFART�iENi ITY OF KENT Post-It'Fax Note 7671 oar -2 pa ee December 12 , 1994 7o From cocoa co. �, Phone" Phone R M Planning Department Fax" S _ 3 Fax" City of Kent 220 4th Ave. S. Kent, WA 98032-5895 Attention: Mr. James Harris Land Use Certification--Sanitary Sewer Connection to Metro's ULID 250 Trunk Sewer-City of Sea - S . 212th St. , City of Kent,. The subject project entails a direct connection to the metropolitan sewage system and is therefore under the purview of King County ordinance No. 11034 , Section 5 .C. A portion of the project would be constructed in the City of Kent and therefore requires certification of consistency with adopted land use plans and policies by the Kent City council or its designated representative. Please direci the required certification or other statement to Metro's Executive Director to the attention of the undersigned. If you have any questions about the project or certification process, please contact me at 684-1266. ve truly yours Ro(art N. Hirsch Local Agency Affairs Administrator Enclosures cc w/o enclosures: City of SeaTac 02 FORM OF CERTIFICATION OF CONSISTENCY %= LAID USE PLAINS AND POLICIES MUNICFALI"!Y OF METROPOL`TAN SEATTLE (METR(}) ( � IT IS HEREBY CERTIFM*D BY 4h P (': �., Seu�To f that the public sewerage facilities proposed to be constructed by or oa behalf of 7 as an extension or connecrion to an existing Metro Interceptor or Tnmlk, generally as described on the attached Exhibit A, are consistent with the adopted land use plans and policies of this jurisdiction. ( ] ACucu on the application" ,cw.i-n =St be defar d pen�"emy receipt by-this _ jurisdiction of the followin; information:, (specify information which may be reasonably required) ( ] It has been determined that the proposed service and construction is inconsistent with the adopted land use plans and policies of this jurisdiction and therefore certification is not provided. The following reasons are submitted: Dated this . day of 9�. By Title (� `VQRDS.CERTFOR.D.DOC 9/w it<i�J�15. j 1' : 4" 06-5!"4-1741 FAETPFI i;FCT, PI=CIE 03 EXHIBIT A APPLICATION FOR REQUESTING SEWAGE DISPOSAL SERVICE FROM -= MUNICIPALITY OF METROPOLITAN SEATTLE (METRO) (KING COUNTY) PROVMV1' S D PRO !CT The proposed sewer extensions would provide sewer service to properties within the City of SeaTac and properties within it's "Urban Growth Boundaries" on the eastern border of SeaTac. This includes an area requesting annexation to the City of SeaTac encompassing approximately 53 acres (Please See Attachment 1). The Proposed land use for this area is as follows: A. Approximately 103 acres would be multifamily residential (Area highlighted in dot pattern). B. Approximately 167 acres would be single-family (Area with no pattern). C. Approximately 53 acres would be business park (Area highlighted in hatched pattern). D. Approximately four (4) acres are commercial (At the S. 200 Street northbound on-ramp to 1-5). E. Approximately six (6) acres of park (At the south end of the study area) The total area to be serve would be approximately 333 acres. The study area boundary is highlighted in orange. 2• THE T ATION OF THE T n►�c The main lines would be 12 to 18 inch lines with a 27 inch line connecting to the stub-in on the east side of the Careen River at S. 212th St. on the north side of S. 212th. Attachment 1 illustrates the approximate location and size of the proposed sewer lines. 3• ��YG OF EX �NSION OR CO�CTIQN Construction of the lines and the connection with the existing stub on the east side of the river would be developer financed. The lines would be constructed with the development of the property in areas A and C described above. A:A EMO."r/n T Attachment 1 I�RC� P'C)SEC� SEWER EXTENSIONS _ 'K A ngle Lacke y' Proposed Q Annexation / Area w � > 0 Business g Per S 198 S T �i.� i In t ' 200 ST � w Single- Family • X T Boundary. ;.;.; EME R� commerc alp w :Multi- ;4 ►. :,:Fa if i i i i i i•. :+►�w• : ` ::;::.:`:. $. 212th St. : .: . •�������� Proposed Sewer Line Ingle- «� ■■••• Study Area Boundary ry �■■ Corporate Boundary 0 Sewer Stub-in Park rp O 1.000 2.000 3.000 4.000 6AOo / e FEET Y METRO King County Department of Metropolitan Services Exchange Building • 821 Second Ave.. Seattle,WA 98104-1598 a���od�o February 15, 1995 �EFARSMENZ PLAN CISY Of Y, F The Honorable Jim White, Mayor City of Kent 220 4th Ave. S. Kent, Washington 98032-5895 Land Use Certification Request 60 Day Notification -- Proposed Sanitary Sewer Connection to Metro's ULID 250 Trunk Sewer: City of SeaTac: S. 212th St., City of Kent Dear Mayor White: King County Ordinance No. 11034, Section S.C. requires that the legislative bodies of concerned or affected jurisdictions certify to Metro's Executive Director that proposed connections or extensions to the metropolitan sewage system are consistent with local land use policies before Metro can approve or permit such projects. Jurisdictions affected by connections or extensions proposed by others have 90 days in which to certify or otherwise respond before Metro must automatically deem the project certified. The ordinance also requires that, if said certification or other statement has not been received within 60 days from its request, Metro's Executive Director shall notify the chief executive and chairman of the legislative body of such jurisdictions of the certifications deadline. Therefore, pursuant to Section 5.C.3 of King County Ordinance No. 11034, I hereby notify you that land use certification for the subject project is due at Metro by the close of business on March 14, 1995. If said certification or other statement is not received by that time, Metro must deem the project certified. The Honorable Jim White February 15, 1995 Page Two Certification was requested by letter dated December 12, 1994 Very truly yours, Carolyn J. Purnell Executive Director By: �l V Daryl R. 'gsby Director of Water Pollution Control CJP:dg cc: The Honorable Judy Woods, Chair Kent City Council Mr. James Harris . Planning Director City of Kent City of SeaTac �..� Did. �✓o l! (( eefve JAr. ii,031 1. The rules and regulations heroine 2 shal be applicable to water pollution abatement activities, 3 includin he disposal of sewage into the m 4 system, wheth delivered from within or fr ou a 5 county. f� 2 8199: 6 B. The director � hereby authorized ?MRI I�Ed ENr TYOf KENT 7 implement such procedures d to take any other actions may B be necessary to insure that loe public sewers and private 9 sewers discharging or proposing to seharge into the l0 metropolitan sewer system are construct and developed in 11 accordance with applicable laws, regulation and plan• and with 12 the provisions of federal grant egraaments whic may be 13 applicable thereto. 14 C. The procedures for certification for extensions and 15 connections shall be as follows: 16 1. A request by a local public agency, person, state or 17 federal agency for an extension to an existing department 18 interceptor or trunk shall not be considered by the department 19 for funding of planning, design or construction, and agreements 20 therefor shall not be considered for' approval by the council 21 unless the director has received written certification from the 22 legislative bodies of all cities and counties which have zoning 23 jurisdiction over: a. any portion of the area proposed by the 24 requesting party to be served, or determined by the director as 25 being capable of being served by such extension; and b. any 26 other area in or through which the facility is proposed to be 27 constructed; which certification shall state that such service 2e and construction are consistent with the adopted land use plans 29 and policies of such local governments. If a city or county 30 • cannot so certify, it shall Aseue a writtaq 'gtatement to the 31 director that the service or construction is not consistent 32 with said adopted plansland policies, or that action on the 33 application for certification must be deferred pending receipt 34 by the city or county of such additional, specified information V1RSU2.g1D(IM:clt)09/16/97 20 U � ` data as may be reasonably required for the consideration of aid application. ii Requests by a local public agency, person, state or . fadaral agency for approval of a local public sewar facility connection to an existing interceptor or trunk shall be 6 considered by the department only if the director has received 7 a written certification- as described herein, pr ovided, that a E ' a connection involving service by a local public sewer facility 9 which is located wholly within the boundaries of a city and has 10 a potential service area contained wholly within such 11 boundaries shall require only the written certification of that 12 city. 13 3. The certification may be made by either the 14 legislative body of the city or county or by such department or 15 division thereof as the legislative body may designate. The 16 issuance of the certification may be preceded by a reasonable 17 analysis and consideration, by a city or county having zoning is authority, of alternatives to the proposed connection or 19 extension. Y0 ' a. if the director has not received a certification 21 or other statement from a city or county as described herein 22 within ninety (9o) days of receipt by a city or county of a 23 written application for certification, said city or county 24 shall be deemed; for purposes of this section only, to have 25 certified the proposal as consistent with adopted land use 26 plans and policies; provided, that if such certification has 27 not been received by the director within sixty (60) days of 2e receipt by a city or county of a written application for 29 certification, the director shall notify the chief executive 30 and chair of the legislative body of said city. or county of the 31 certification deadline. 32 b. The director is authorized to develop such 33 additional rules, procedures and forms as may be required to 34 implement this section, to notify local public agencies, 35 cities, counties and interested persons of the certification ` vrR�ul.aocNu,ett�avneiv3 21 1103 1 process, and to assist such local public agencies, cities, 2 counties and persons in compliance with this section. 3 c. Any questions concerning the applicability or 4 scope of certification requirements shall be referred to the 5 director for final resolution. Nothing contained.harein shall 6 preclude the department from providing staff assistance to a 7 local public agency, city, county or state or federal agency 8 concerning waterborne pollutant removal, water quality 9 improvements or sewage dispoeal alternatives. 10 4. The certification provisions of this section shall 11 not apply'where an extension of or connection to a interceptor 12 or trunk is required by formal order or directive of a state or '13 federal agency with regulatory powers over said extension, 14 connection or the metropolitan sewer system, or to the 15 following Interceptor extensions: a. That portion of the Phase 16 1 May Creek Interceptor System, an defined in the Environmental 17 Protection Agency Project No. C-530749 Negative Declaration 18 dated November 29, 1977, which includes the Honeydew 19 Interceptor and a section of the May Creek Interceptor between 20 existing Metro Manhole B and the confluence of May and Honey 21 Creeks; b. SLw 14 in the Comprehensive Plan, also known as the 22 Madsen Creak Trunk; and c. GR 25 and GR 26 of the Comprehensive 23 Plan, extending from llth'Avenue in Algona to Main Street in 24 the City of Auburn. Copios of any formal orders or directives 25 as referred to herein shall be immediately forwarded to every 26 city, county, and other local public agencies within the 27 county. 28 The following local public agency regulations and 29 standard hall apply: 30 1. Loc public agency design and construction 31 standards and stands specifications and local public agency 32 ordinances and resolution irectly relating to the planning or 33 construction of local public se rs or regulating the use of 34 local public sewers or side sewers a 1 be consistent with 35 this section. VTDNlI.OpD(M4C11709/Ib/9] 22 Ilk Kent City Council Meeting Date March 7 , 1995 Category Other Business 1. SUBJECT: RIVERBEND MINIATURE GOLF COURSE CONTRACT 2 . SUMMARY STATEMENT: Two proposals were received for the renovation of the Miniature Golf Course at Riverbend Golf Complex. The two companies were asked to make a presentation relating to the design and construction of this renovation project. Harris Golf was selected by the interview panel to provide the renovation. 3 . EXHIBITS: to be distributed at Council meeting 4 . RECOMMENDED BY: Staff and Evaluation Panel (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: total project cost is $225, 000, includ- ing landscaping to be provided by City of Kent SOURCE OF FUNDS: Riverbend Golf Complex Capital Improvement Funds 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds approve and award the ontt act''\to Harris Gol or the renova- tion of the Miniatureo] Course a '1ver nd Golf Complex. DISCUSSION• ACTION• Council Agenda Item No. 4C EXHIBIT A r� Contract # D20821D INTERLOCAL AGREEMENT Between KING COUNTY and the CITY OF KENT This agreement is executed between King County, a political subdivision of the State of Washington, and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This agreement has been authorized by the legislative body of each party as designated below: King County Motion No. 8857 City PREAMBLE _. King County and the City of Kent have adopted the Comprehensive Solid Waste Management Plan which includes a 50 percent waste stream reduction goal by the year 1995. In order to help meet this goal, the King County Solid Waste Division has established the City Optional Program. The program funds projects that enable citizens to recycle materials not included in curbside collection programs. Cities applying for city optional funds must agree to organize a minimum of one special recycling event where at least four items from the following list of eleven must be collected: ■ Polycoated Paperboard ■ PET & HDPE Plastic Containers ■ #3-7 Plastics ■ Bulky Wood Waste (>3" diameter) ■ Clean Wood (untreated) ■ Appliances ■ Ferrous Metals ■ Non-ferrous metals ■ Textiles ■ Reusable Household Goods ■ Tires I. PURPOSE The purpose of this agreement is to define the terms and conditions for funding to be rrcvidf d tv the City of Kent from the County for the operation of two special recycling Events. 60 H. RFSPONSIBII.ITIES OF THE ''.":2TIES The responsibilities of the parties to this agreement shai as follows: A. The City 1. Funds provided to the City by the County pursuw,t to this agreement shall be used to sponsor two special events for the collection from City residents of recyclable materials not included in household collection programs and consistent with the scope of work and budget attached hereto as Exhibit A. 2. The City will submit to the County reimbursement requests for the costs of the collection event within thirty days of each event in a format specified by the County. The report shall include information on the amount of material collected, the number of vehicles attending, the total cost for each budget item and the amount of that cost for which reimbursement is requested. The report shall be accompanied by receipts for verification of expenses. The City shall be required to maintain records of where collected materials are sold or processed to guarantee that all the collected materials are either reused or recycled and to verify the amounts collected. 3. If the City requests reimbursement by the County for activities performed by a subcontractor, the City shall require that the subcontractor comply with the minority and women's business utilization provisions of King County Code Chapter 4.18, attached hereto as Exhibit B. 4. During the performance of this interlocal agreement, neither the City nor any party subcontracting under the authority of this interlocal agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this interlocal agreement as defined by King County Code, Chapter 12.16. 5. During the performance of this interlocal agreement, neither the City nor any party subcontracting under the authority of this interlocal agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. 6. The City will provide the King County recycling information line and the King County Project Manager with the date, location and copies of a«y printed material used to publicize the event as soon as they are available, but no later than 14 days prior to the event. In the event there is any change in the date or the location of the recycling event, the City will notify the County a minimum of thirty days Y-ior to the event. The City agrees that the event will be open to all King County re:ideius and the County has the right to publicize the event for the benefit of all County ic-Sldents. 2 7. This project shall be administered by Robin Bartelt, Conservation Specialist for the City of Kent, or designee. 8. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 9. The City shall maintain accounts of the direct and indirect costs of these events and of the data used for evaluation of the events pursuant to Section H.A.2 of this agreement for a period of at least six years. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials so authorized by law. B. unt :The responsibilities of the County pursuant to this agreement are as follows: 1. Within 30 days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. 2. This project shall be administered by Bill Smith, Project Manager or designee specified by the King County Solid Waste Division. 3. The County will not provide special recycling events within the corporate limits of the City. The County will coordinate the timing and locations of its special recycling events with those of the City to avoid overlap whenever possible. 4. Funding is based on the total amount of King County funds budgeted for special recycling events and is allocated on the basis of a $4,000 base amount plus a per capita distribution. The level of funding is determined annually through the King County Budget, as determined by the King County Council. The City of Kent's budgeted allocation for 1995 is $11,080. In the event that the amount of funds budgeted for Special Recycling Events is reduced or not approved, the allocation will be reduced or eliminated. M. TERM OF AGREEMENT 1. This agreement shall become effective on January 1, 1995 and shall terminate on December 31, 1995. 2. This contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Paragraph 1, upon providing the City ten (10) days advance written notice of the termination. 3 3. If expected or actual funding is withdrawn, reduced or limited in any way prior to the termination date set forth above in paragraph 1 or in any amendment hereto, the County may, upon written notice to the City, terminate this contract in whole or in part. If the contract is terminated as provided in this subsection: (1) the County will be liable only for payment in accordance with the terms of this contract for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this contract. 4. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this contract or law that either party may have in the event that the obligations, terms and conditions set forth in this contract are breached by the other party. IV. AMENDMENTS This agreement may be amended only by written agreement of both parties. Funds may be moved between tasks upon written request and approval by King County. V. HOLD HARMLESS AND INDENINIFICATION 1. The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the County arising out of or incident to its execution of, performance of or failure to perform this agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material or any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. 2. The City, at its own cost, shall procure by the date of execution of this agreement and maintain for the duration of the agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal LnJ%ry; and property damage. Any deductible or self-insured retention shall be the sale respo ,,rbility of the City. Self insurance shall cover the County, its officers, officials, employees, and agents as additional insures against liability arising out of activities performed by or on behalf of the City pursuant to this agreement. 4 VII. NOTICE IN WITNESS WHEREOF this agreement has been executed by each party on the date set forth below: CitV King County (Title) King County Executive Date Date Pursuant to Pursuant to Motion No. 8857 Clerk-Attest Director Department of Public Works-Attest Approved as to form and legality Approved as to form City Attorney King County Prosecuting Attorney Date Date CITY OF KENT 1995 SPECIAL COLLECTION EVENTS SCOPE OF WORK AND BUDGET 1) Project Title Kent Special Collection Events 2) Project Schedule Event Date: Spring and Fall, 1995 Hours: 9 AM to 3 PM Event Location: Russell Road Park The City will notify King County immediately of changes in events schedule or location. 3) Project Managers The City of Kent Conservation Specialist will provide event management for two Special Collection Events in addition to the professional management staff the City will hire. Robyn Bartelt, the Conservation Specialist for the City of Kent will be the Project Administrator Robyn Bartelt Conservation Specialist City of Kent 220 4th Avenue South Kent, WA 98040 TEL. 859-6573 FAX 859-3559 4) Project Activities A) The City of Kent will organize two City-wide Special Collection Events in 1995. At these events the following materials will be collected and recycled, included also is the anticipated volume of materials: Type of Material Anticinated Volumes • Bulky Yard Waste 25 - 40 tons • Clean Scrap Wood 20 - 30 tons • Appliances 15 tons • Ferrous metals 25 tons • Nonferrous metals 5 tons • Reusable or Recyclable Household Goods 8 - 10 tons B) The events will be staffed by City staff, material collectors, consultant staff, and volunteers. No flatbeds or dump trucks will be allowed. The City reserves the right to refuse oversized, commercial, or contaminated loads. C) When requested by event participants, the following educational materials will be distributed: 1) Information on City Recycling Programs; 2) "Hazards on the Home front" produced by METRO; 3) Other educational materials. D) Event promotion will be accomplished in the following ways: 1) Developing and distributing a promotional flyer to all City residents. It will be sent bulk mail to "postal patron" or addressed to "current resident." The flyer will be printed on recycled paper, using soy based inks, if available. A copy of the flyer will be provided to the King County Solid Waste Division as soon as it is available. 2) Posting notices at City Hall and other public locations. 3) Publicizing the events in the City newsletter, if scheduling and space permits, by press releases to local papers, and by King County Solid Waste Division Promotional Activities. 4) Expected attendance: 1,000 carloads. E) Key personnel will include the City Public Works Staff, the consultant staff, independent contractors, and available volunteers. Each event greeter; education personnel, and traffic control personnel positions will be filled by experienced qualified individuals. 5) Project Costs A) Total cost - $119080 B) Budget Estimate COST BUDGET ESTIMATE City Personnel Costs $900.00 Consultant Costs $4,705.00 Temporary Helpers $600.00 Collection/Disposal Fees $39275.00 Scrap Metal and Appliances $1 200.00 Bulky Yard Waste and Scrap $1,900.00 Wood Garbage* $175.00 Operating Supplies* $1600.00 TOTAL BUDGET $11,080.00 ESTIMATED TOTAL BUDGET+ $239000.00 + Includes estimated Health Department grant funds. The Health Department funds will cover the collection used tires, used lead acid batteries, used anti-freeze, used petroleum-based products, used oil filters, and used motor oil. Items marked with an * are also funded by a King County Health Department Local Hazardous Waste Management Program 1995 Local Grant. The Health Department will provide 50% of the funding for these items. City Optional funds will be used as 50% matching funds for these items. 6) Project Evaluation The City will provide the following information to the County within thirty days of the events: A) Tallying the number of participating vehicles at the entrance to the events; B) Measuring the volume of each material collected and diverted from the waste stream in the appropriate unit; C) Actual event cost by budget category; and, D) Event comments. CONTINUED COMMUNICATIONS A. R E P 0 R T S A. COUNCIL PRESID�NT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE ck- IvJrl c -l7}yc fv E. PUBLIC SAFETY COMMITTEE 17)T F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS it C4, BRENDA JACOBER (please put in CITY OF Council agenda packet) CITY COUNCIL PLANNING COMMITTEE MINUTES January 17, 1995 4 : 00 PM pl7�cC'�A Committee Members Present City Attorney' s Office Leona Orr, Chair Roger Lubovich Jon Johnson Tim Clark Planning Staff Other City Staff Margaret Porter May Miller Fred Satterstrom Jim Harris Other Guests INTERLOCAL AGREEMENT BETWEEN KENT AND FEDERAL WAY - (J. Harris) Planning Director Jim Harris reviewed the final draft of the Interlocal Agreement between Kent and Federal Way that was included in the agenda packet . This interlocal agreement will officially establish the Potential Annexation Area (PAA) boundary between the two cities and will fulfill the intent of the City Council and the County-wide Planning Policies . Mr. Harris addressed a few minor changes : 1) On page 3 , No. G, the addendum was not currently available so the City' s Law Department changed the wording to be able to create an addendum within one year of the effective date; 2) Page 5 , No . 10, relating to indemnification, the City' s Law Department recommended this shorter version and stated this is all that is needed. Jim reported Federal Way' s City Council has approved this agreement . Also, a better map was prepared. Councilmember Johnson MOVED and Councilmember Clark SECONDED a motion to approve the Interlocal Agreement between Kent and Federal Way and for this item to put on the consent calendar on February 7, 1995 . Motion carried. GROWTH MANAGEMENT UPDATE - (F. Satterstrom) Planning Manager Fred Satterstrom reminded the Committee that a City Council Workshop will be held later this day on the 1 CITY COUNCIL PLANNING COMMITTEE MINUTES JANUARY 17, 1995 Comprehensive Plan. All departments will be attending and participating in the presentation. Mr. Satterstrom reported the Planning Department has received two letters from the State in the first two weeks of 1995 . He briefly reported the first letter was about the three consequences for failure to adopt a comprehensive plan on time, which is April 21, 1995 : 1 . Loss of authority to collect impact fees . 2 . The ineligibility to apply for grant funding under the Public Works Trust Fund. 3 . The ineligibility to apply for grant funding under the Centennial Clean Water Fund. Fred stated that out of 300 jurisdictions that have to plan under GMA, the City of Kent is one of 100 jurisdictions that have submitted their Plan to DCTED (Department of Community, Trade sand Economic Development) . The second letter enclosed a 17-page matrix document that needs to be filled out by the Planning Department as to how the City of Kent plans to implement their Plan. Fred reported that on February 7, 1995 the City Council will be receiving the Comprehensive Plan. He had heard the Council plans on making a motion to refer the Comprehensive Plan to the Council Planning Committee . The Planning Committee can hold a public meeting for additional public comments followed by deliberations and then present a recommendation to the full Council . 1995 PLANNING SERVICES DIVISION WORK PROGRAM - (F. Satterstrom) Mr. Satterstrom presented the work program for current planning and long-range planning for the Planning Services Division. He explained that one full-time equivalent (FTE) employee is equal to 1, 824 hours . There are 3 . 6 FTE' s in current planning and 3 . 2 FTE' s in long-range planning, a total of 6 . 8 FTE' s . The biggest number of hours in current planning is 2, 032 hours for public information/counter coverage, which is covered by one planner each day on a rotating basis . There is also development plan review, subdivision administration, land use permits, environmental review or SEPA, and time set aside for special projects, including the Regional Justice Center. Development plan review consists of plan review of minor development, major development and design review. Subdivision administration consists of lot line adjustments, short plats, and preliminary/final plats . Fred stated a lot of preliminary and final plats have come in from King County because of the number of annexations over the last year that has impacted the workload. 2 CITY COUNCIL PLANNING COMMITTEE. MINUTES JANUARY 17, 1995 Long-range planning includes a number of items : the Comprehensive Plan, Comprehensive Plan Implementation, Annexation Planning and Zoning, Special projects, Geographic Information System (GIS) , Downtown Vitalization, and the Transit Area Planning/Commuter Rail Project . In long-range planning, the number of hours put on each item is dependent upon the order of priority. He stated that the annexation planning/zoning projects will not be able to be fully done by existing staff . They will have to involve additional professional services provided through either grant funds, budgeted consulting services , or other funding mechanisms . Mr. Jim Harris, Planning Director, mentioned new projects do affect the current planning work program, which is driven by customers . For example, the RJC is expecting a permit on April 15th, the Kent School District wants a permit on April 15th for a new elementary school, and Dan Ivanoff and Birtcher Frank tells Jim that by the end of 1995 they would have built out their whole project . Jim said there can be some flexibility in long-range planning but not in current planning when customers want their permits . MERIDIAN ANNEXATION RESOLUTION - (J. Harris) Mr. Harris reported this is a resolution to let the citizens in the Meridian Annexation area that it will be a policy to retain predominately single family residential character upon annexation _ into the City of Kent . Mr. Satterstrom stated that a more specific plan will be brought to the Planning Committee sometime during deliberations of some updated recommendations because no one knew a year ago that this area would be potentially annexed to the City. Councilmember Johnson MOVED and Clark SECONDED a motion to approve the Meridian Annexation Resolution. Motion carried. ADDED ITEMS : Chair Orr received a letter dated January 4 , 1995 from Hugh Leiper. The Committee concurred they do not have the available time to deal with this issue right now and Chair Orr stated she would call Mr. Leiper. Also, Chair Orr asked Roger Lubovich if he had received anything from the Kent School District yet on impact fees . He stated he had received a packet last Friday, January 13 , 1995 . ADJOURNMENT The meeting adjourned at 4 : 55 p .m. mp : c :pcoll7 .min 3 CITY OF L222�� CITY COUNCIL PLANNING COMMITTEE MINUTES February 21, 1995 4 : 00 PM Committee Members Present City Attorney' s Office Leona Orr, Chair Roger Lubovich Jon Johnson Tim Clark Planning Staff Other City Staff Lin Ball Mayor Jim White Betsy Czark Jim Harris Margaret Porter Other Guests James Cobb REGIONAL MECHANISM FOR ADDRESSING SOUTH KING COUNTY HOUSING ISSUES (B. Czark) Planner Betsy Czark made a presentation to inform the Planning Committee of the efforts of a group of South County community members, called the South King County Housing Forum. The Forum has been trying to address South King County housing needs over the last year and a half . The Forum consists of church and civic groups, staff from local jurisdictions, social service agencies, nonprofit developers, rental property owners and other interested in South King County Housing issues . In many ways it is a grass roots organization that arose over concern for South King County Housing needs . She said initially its goal was to investigate South County housing needs and to educate the community and elected officials about those needs . It has evolved into attempting .to build an alliance among South County communities to help create affordable and appropriate housing opportunities for everyone . While the Forum addresses housing issues for all income groups, its focus is on housing affordability for low- and moderate-income households . (For Kent, this is about 40% of our households) . The reason for this focus is that the lower a household' s income the less likely that, unaided, the private market will meet its housing need. 1 CITY COUNCIL PLANNING COMMITTEE MINUTES FEBRUARY 21, 1995 To help fulfill its goal of education, the Forum published A Fact Book: Housing Affordability in South King County which explores the housing needs and resources in South King County. This booklet was handed out at the meeting. In its research the Forum found that there are many misconceptions regarding housing in South King County. For instance, while the "myth" is that South King County has no housing affordability. problem, research shows that the affordability gap here is similar to other parts of the County. Although housing costs may be a little lower, incomes are also lower. For example, the average rent in South County, as well as Kent, is unaffordable to those making less than 50 percent of median income or $22 , 700 for a three person household. The affordability of home ownership is even worse . To purchase an average priced house in South County a household must earn at least $50, 400 . The Fact Book was presented at the Community Housing Conference on October 1 . The City of Kent was one of the many sponsors of that important event . The Conference gave momentum and direction to the groups efforts to address South King County Housing issues . At the conference a number of workshops, presentations and opportunities for dialogue were provided. A significant result of the conference was an unanimous motion by the conference participates to initiate a conversation with South King County cities to work toward an ARCH-type organization for housing education, networking, and action. The ARCH motion mentioned stands for, A Regional Coalition for Housing. It is a two-and-a-half year old Eastside organization dedicated to increasing the supply of affordable housing on the Eastside . The Eastside ARCH model consists entirely of Cities : Bellevue, Kirkland, Redmond, Issaquah, Mercer Island, Woodinville, and King County are ARCH members . Betsy reported that out of an investigation of housing needs, resources, and issues exploring the possibility of an ARCH-type entity is what came out of the conference . ARCH was formed because it was seen as a more cost-effective and efficient use of Eastside resources to address housing needs and issues . While South County has different housing issues than the Eastside, it still has pressing housing needs and the same GMA-mandates to meet the housing needs of its low- and moderate-income households . She mentioned again the lower a household' s income the less likely that, unaided, the private market will meet its housing need. 2 CITY COUNCIL PLANNING COMMITTEE MINUTES FEBRUARY 21, 1995 She stated having a regional mechanism such as an ARCH could help meet those needs more efficiently and in a more fair share manner. For instance, ARCH helps both for-profit and non-profit developers by providing a one-stop-information center and funding resource, as well as by helping cities by pooling resources to help develop common programs , regulations, and ordinances . Betsy said this item is for information only so the Committee knows what the Forum is exploring and how to create a regional mechanism as a way to effectively help meet Kent ' s and South County' s housing needs . At the March 21st meeting., she hopes to return with some more information and to begin a conversation regarding this idea and perhaps bring a speaker from ARCH. Per the Growth Management Act and the areas that may be potentially annexed, Councilmember Tim Clark asked what is the impact of increasing the City' s area in terms of meeting the goal of affordable housing. Betsy responded by saying that in the Comprehensive Plan the higher densities will not be coming out of the annexation areas . They will be in the urban centers and mixed use centers or the inner area of the City. This is a broad area of ten-square miles west of 104th Avenue S .E . CONFIRMATION OF MARCH 7 1995 MEETING - -L. Orr) The Committee pretty much confirmed that the Planning Committee will be held on March 7, 1995 at 4 : 00 - 6 : 00 p.m. to deliberate on the Comprehensive Plan. Tim Clark is going to let Jim Harris know after tonight' s Council meeting whether or not this time will be okay. Tim Clark did confirm with Jim at the Council meeting that night that March 7th is an okay date and time for deliberate on the Comprehensive Plan. ADJOURNMENT The meeting adjourned at 4 : 30 p .m. mp :c :pco221 .min 3 MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING OF FEBRUARY 21, 1995 PRESENT: Jim Bennett, Chair Ed Crawford Tim Clark Dave Everett Christi Houser Dina Paganucci Leona Orr Norm Angelo Roger Lubovich May Miller Meeting called to order at 5:02 p.m. by Chairman Bennett. REPORT BACK TO COMMITTEE ON POSTING PARKS REGARDING LEASH LAW Roger Lubovich advised that he had spoke with Parks Director Hodgson, and Russell Road and West Fenwick parks had been posted with a new sign that actually states that pets must be on a leash and includes the code number (copy of sign was distributed for committee review). Lubovich further explained that they do have a supply of signs available so if there are any other areas of concern, they can also be posted. ANTI-PURSUIT DEVICES/STINGER STRIPS Captain Dave Everett advised that over the years, many attempts have been made at trying to figure out how to stop a pursuit with anything short of anti-tank devices, and somebody finally thought up the Stinger Strip devices. Everett explained that it comes in a nice little kit and the device is very easily deployed (then demonstrated how they work). The puncture devices enter the tires at 90 degrees and then pull themselves out. They will then cause a controlled deflation -- they do not cause a blowout. Everett described a recent situation in which the device was successfully used to slow a runaway vehicle enough for someone to safely enter the vehicle and stop it. Everett explained that the original intent was to channel traffic down to one lane during a pursuit, roll out the device and have the bad guy go through, jerk it out of the way and let the police keep on going without having flat tires. Bennett stated he wished they would have had something like this during a recent pursuit situation he saw that went through the City of Kent. GRANT FOR LAW ENFORCEMENT SERVICES AT SPRINGWOOD Captain Dave Everett explained that with the pending annexation, they have learned there are two police officers at the Springwood Housing Project that are funded under a grant through King County HUD, and it is the Kent Police Department's intent to pursue the HUD funding for 1996 in order to continue to dedicate two police officers to that complex. Everett advised they should know sometime in September whether or not the request is accepted, and he would bring the issue back to committee at that time for acceptance. Tim Clark questioned if this was federal money. Everett advised that it is federal money and it comes through King County HUD. Clark further expressed his concern with funding of HUD under current declining conditions. Chief Crawford advised that they have been told that this program is a go -- the Housing Authority has said that it is not in distress. ORDINANCE FOR DISPOSAL OF FORFEITED FIREARMS Lubovich explained that the state statute was recently changed to allow for more flexible disposal of MINUTES FROM PUBLIC SAFETY COMMITTEE Meeting of February 21, 1995 Page 2of3 forfeited firearms, and the retention of funds from such. If there is an ordinance in place which establishes a procedure, the agency may keep funds from forfeited firearms that are either traded or auctioned, or even retained for agency use. Previously, the agency only received a percentage of the funds, and there were more restrictions on the disposal of the firearms. Houser expressed her concern that the firearms might possibly be sold. Crawford explained that with the previous state statute, Kent was one of the few agencies that did sell them at state auction. A lot of agencies kept the firearms, however, they had to pay a fine per weapon because they were not complying with the law: Kent did comply with the law and has not had to pay any fines. The law has now been changed, and it basically says that you can do what you need to do depending on the policy of your city. Crawford further explained that its very hard if you do sell the guns to track them back to criminals, and he is sensing that public policy dictates that the guns be destroyed. Crawford stated that he may be being presumptuous because the council has not directed him to do one thing or another other than to comply with the laws as written, but he is assuming that council would probably want forfeited firearms that are not specifically used by the police department to be destroyed. Committee unanimously agreed that was their position, and Leona Orr advised she was glad to see the committee was in agreement with her position on this issue. Houser moved to place on consent calendar for approval; seconded by Clark. Passed 3-0. UPDATE ON BLOCK WATCH PROGRAM Bennett advised that due to a recent discussion with a citizen, he had asked the police department to provide an update as to the status of the block watch program. Officer Dina Paganucci advised that the police department does have an ongoing apartment complextblock watch program, and anybody can call up and ask for assistance whether they are having some problems in their neighborhood or they just want to get to know each other a little better (several handouts related to the program distributed for committee review). Paganucci explained the program is designed to encourage and help people in taking some responsibility in trying to diminish crime, etc. that may be occurring their neighborhoods by being the eyes and ears of their community, and understanding that police officers cannot be on every corner. The program requires involvement from people within the community. If nobody is willing to get involved, the likelihood of seeing a continuing problem is probably going to be there. Paganucci further explained that she will pass information on to patrol or whatever she needs to do to try and help them out, but it comes down to them needing to help themselves as well. Once contact is made, Paganucci schedules a presentation in which they talk about burglary, personal safety, vehicle theft, thefts from vehicles, and how they can diminish the chances of these things occurring. They talk about how they need to organize, what they need to do, why they need to call 911, when they need to call 911, etc. Along with the program, the Community Education Unit provides a quarterly newsletter that gives a synopsis of things that are going on, and things that people might want to get involved with in the community. They also do a yearly block watch survey where they take information and comments from block watch members, and try to figure out how they can better serve the members of the community. Clark asked what efforts are being made on a larger scale, such as at the county level, for MINUTES FROM PUBLIC SAFETY COMMITTEE Meeting of February 21, 1995 Page 3 of 3 identification of stolen property, i.e. his laptop computer is stolen and he has inscribed it, however it is taken out of the City of Kent. Paganucci explained that the serial number on the item can be ran via a nation-wide computer and if that serial number has been reported as a stolen piece of property, it will then show up in the computer as stolen. The key to this, however, is having the serial number initially recorded and reported to the police department. If the item is inscribed with a driver's license number, an officer may still be able to trace it back to the rightful owner with that information. Paganucci further explained that another portion of the apartment complex/block watch program is Operation Identification, which basically is the inscribing of a driver's license number or other owner identification number on property. If an individual is not doing these types of things, and the police get there to take a burglary or theft report and the person has got CD players, VCRs, tape decks, etc., unless there is something really unique about the item, the likelihood of the police ever getting the property back to the rightful owner is real slim. Bennett described a recent situation in which his son's very expensive camera was recovered and returned using this system. Bennett advised that at a recent council meeting a couple people spoke about.the block watch program in their neighborhood and the apparent dwindling interest, and they were concerned because they had not seen any increased police activity in the area. Paganucci explained that its important for people to contact her if they have some changes in their neighborhood and/or they are no longer getting together, otherwise she is not aware. She can then send out a letter to find out what they want to do to make the block watch active, but it is still up to the block watch members to move forward on it. OTHER ► Crawford advised that the radar trailer, which they have on loan for the next week, is available if anyone would like to stop by and take a look at it. Crawford further advised that eventually he would like to develop a volunteer force that would take this type of trailer to various enforcement zones throughout the city on a regular basis to remind people of the speed limit in those areas. Meeting adjourned at 5:28 p.m. PUBLIC WORKS COMMITTEE FEBRUARY 27, 1995 PRESENT: Paul Mann Roger Lubovich Tim Clark Gary Gill Jim Bennett Bill Wolinski Don Wickstrom Mr. & Mrs. Rust Drainage Utility Rate Increase Wickstrom said that since our public hearing we have been reviewing the rate proposal. We have looked at a proposal to even-out the rate over a two year period. We also looked at using a councilmanic bond issue versus a revenue bond issue. By doing so, we could reduce our coverage factor. This in turn means the revenue that the rates need to generate to cover our debt is less and as such the rates can be lower. Wickstrom stated that by averaging, we would be averaging the improvements over that two year period, and the rate would then have a less immediate impact in the first year. He said the Chamber has expressed some concerns in that no one has budgeted anything for this in '95 so some of the businesses have a budget constraint; they would like to see the impact stretched out over a longer period of time so that it wouldn't be such a significant impact to start with. Wickstrom explained that since meeting with th eChamber on the 24th, we have looked at a three year option; essentially looking at the '95, '96 and '97 Capital Improvement Program which is about an $18 million dollar program and averaging it out to about $6.5 million per year over that three year period. That resulted in a significant reduction in the first and second year's rate. He explained that he is still working on the third year's rate; he said that he still wants to review the cash flow scenario because of the way the projects have to be constructed, making sure there wasn't a problem with actual implementation of the projects. He stated that the Lagoon project is the major cost factor and once it starts, you have to go all the way to completion. There may be some adjustment back in order to make the rate effective January 1, 1996 and then allow us to start construction in 1996. Wickstrom said he looked at starting construction in 1995 with a councilmanic debt schedule that corresponded with the rate but the impact in the second year was more than our original two year averaging. As such, we are looking at a three year proposal with affective implementation date of January 1, 1996_ He explained that he needed a little more time and asked that this be delayed to the next Committee meeting, and not passed out of Committee until we could have some actual rates. Wickstrom said that we are asking that Council adopt a six year plan; look at using councilmanic bonds for at least the three years; '95, '96 and '97 program and then, have the rates implemented effective January 1, 1996 which would give everybody fair notice 1 of these rates. He said that our concern is, we have been working on this Lagoon project for some time and the Corps permit we will secure typically has a three year window we have to complete the project. If we get the permit next month, we will have used up one year of waiting before we actually start and we have to complete the project in the latter two years. Wickstrom noted that we are trying to appease the business community and still meet our flood protection requirements. At this time, Wickstrom went over the 'no action' scenario. He said we have a lot of issues that are not particularly related to flood control. The control of our drainage is predicated upon these regional projects that are identified in this Capital Improvement Program (control our existing flooding and our future flooding problems) plus on-site detention measures which we have already implemented; we have a stricter standard for on-site detention for new developments. Those two combinations together was to resolve both our existing problems and our long term problems. If we do nothing on these regional projects, we will have more frequency of flooding and a higher magnitude of flooding primarily thru the lower valley area. Renton will become our storage pond because our drainage, at least for that property east and north of the river all drains north to Renton. The fact that our FEMA maps outline the 100 year floodplain for the valley is really based on some engineering done in '79 and at that time and today, the Feds only look at the existing level of development. They don't plan for future development in establishing their flood plain. Since '79 we have had alot of additional development which has meant more impervious surface, more runoff; that means those flood plain elevations can very well be low. The County has done some evaluation of floodplain elevation on the Soos Creek area and found it to be 5' low in particular areas. If we do nothing, all buildings being built to those lower floodplain elevations could be inundated in the future which has impacts on their financing. Wickstrom noted we are building a detention project, on Garrison which is relatively small 50-60 acre feet of storage (1 foot of water stored per acre); and the valley project is about 425 - together it is about 500 acre feet of storage. If we do nothing,that water would be moving down the valley. Kent has businesses that store hazardous material on site and if that flood moves down, it could impact those hazardous storage sites. He said an environmental problem could be associated with that. If we take the'do nothing' approach, it would mean we are not going to proceed with our capital improvement program therefore, in certain areas like the Lagoon; all the property to the south has always anticipated there would be the regional detention basin so they haven't had to construct on-site storage. If we do not go ahead with the capital improvement program, we would be requiring them to build on-set detention on their site which means they would be using the 'precious, available, usable land' in creating on-site detention, instead of building more buildings -similarly with biofiltration; the downtown core is a perfect example. We haven't required biofiltration because in the capital improvement program; there's a regional facility; we want to put a treatment facility at the north end of the outlet that services the downtown area off of 4th Avenue about S 222nd. Now, under our regulations, we would 2 require biofiltration - that would mean useable property would have to be set aside for development in the downtown area to accommodate biofiltration. Existing developments - were they to come in for a permit they would be required to retrofit their storm drainage system to meet our standards. That would be extremely expensive. Wickstrom explained that our standards cannot be arbitrarily changed because they have to comply with the D.O.E. standards for drainage and State Fisheries has taken jurisdiction within this drainage basin because of all the concerns about the endangered species act and the salmon population. They are telling us that our standards have to meet theirs, which ours do now and we are getting them to certify that. If they don't, then they will take permit review responsibility over all drainage. Wickstrom explained that the Lagoon is going to give us excellent rapport with EPA and the Corps - all the agencies have been very excited about this project and very willing to work with us to get it implemented. Wickstrom stated that he is concerned that if we just drop the project at this point, they may not be favorable towards us the next time we apply for a permit - 64th Ave needs a 404 permit to finish it off. It is also impacted by our regulations on unique and fragile areas. Wickstrom stated that 64th cannot be built without the Lagoon project being built. That shifts the unique and fragile area away from 64th and the Lagoon project gives us the 404 permit to build 64th - 64th is important because it is part of our Transportation Plan; it is part of the element that we need to implement to meet our concurrency requirement. Under growth management, if concurrency is not met, building permits cannot be issued. We have a similar issue with the 272nd corridor - we need that project for concurrency on growth management. There are 8 acres of wetland we need to mitigate and work with the Corps. We would like to show what we did on the lagoon project - build the rapport so we can get that necessary permit to build that project within that six year period. Similarly with our water source project; right now we only have two future sources to meet our long terms needs; one is Tacoma Pipeline #5 which has been in the works for 20 years and the Impoundment Project, which is our other only source. It has 37 acres of wetland that needs to be mitigated and we need a rapport with these agencies so we can get that permit. Wickstrom said that regarding the Water Rights issue - there is such a backlog on issuing water right certificates there is a moratorium on new permits. They have just completed a Green/Duwamish Watershed Study which one of its two recommendations is that no more surface water rights and no more shallow groundwater rights will be issued. Wickstrom stated that there are many implications tied to this project and that is why he is trying to come up with various financing scenarios to help ease the financial burden on the business community. He asked for a little more time to look at this three year scenario and correlate that to our cash flow needs and see what that would do in satisfying their needs in terms of trying to stretch it out. This is as far as we could go and keep a valid 404 permit on the lagoon. If we implemented the rate effective January 1st, that would guarantee that we could implement that project, which would hopefully satisfy the Corps. It would also allow people time to budget and plan for the rate increase. 3 In response to Paul Mann, Wickstrom stated that we have been forecasting this all thru 1994; we didn't know the magnitude of it until the latter part of December when our Consultant started to firm up the costs of these projects. He said that just prior to bringing it to the first Public Works Committee, we started to see what the numbers would actually be. Wickstrom noted that he felt it was important that Council should be informed first before we went public with that information. Tim Clark asked for clarification on the permit for the lagoon project and how long we have to complete this project. Wickstrom stated that typically you have three years to complete a project once a permit is issued. He said that's why he was looking at a three year window to levy these rates on - it will take us two years, for sure, to construct the project. If we implement the rate in '96 we lose one year-there would only be two remaining years to finish the project. In response again to Clark, Wickstrom stated that this is all part of the capital improvement program. The lagoon project is one of the bigger projects driving the rate increase. Wickstrom said that particular project amounts to about $12 million which is the bulk of the capital improvement program for the three year period. The problem is, in the three year period, the three projects that we're really doing is the Lagoon Conversion project, Upper Garrison Creek Detention project and the reconstruction of the culverts along Mill Creek from Earthworks Park past Bowen Scarff, under the freeway and north to 4th Avenue. All those are undersized and they need to be upgraded now because it is causing our immediate flooding and they need to be upgraded for future conditions. To remove the flooding problem along Central Ave from the Senior Center downstream, we need to redo all the culverts. We can't do that without the Lagoon project -we would just be pushing the water down and flooding somebody else. We need the storage facility so we can push the water down; divert it into the storage facility and control it from there. Last summer we constructed a trunk system at Garrison Creek to relieve the flooding we had at the Benson Shopping Center and at the apartments to the south of S.240th St. We need the detention basin to control that relief down the canyon otherwise, there will be flooding in the valley. He stated that those are the three projects which are driving the rate increase. Clark noted that he did not recall the figures on the councilmanic bonds. Wickstrom explained that this was something we came up with based on how can we can cut the rate impact down - one of the problems is that if we sell strictly revenue bonds, we need a significant coverage factor over and above what is necessary to retire that debt and by selling councilmanic bonds, we don't need that significant coverage factor. Therefore, we can reduce the rate down. That is the premise of the councilmanic bond issue - to allow us to reduce the coverage factor, thereby reducing the rate and easing the financial burden. We are still paying the debt off in a 20 year period Clark asked what this does to our indebtedness in the councilmanic bonds. Wickstrom explained that there would be $54 million at the end of this year - over a three year period there is about $16 million in councilmanic bonds that we would be seeking to sell. That 4 would have no affect because we are financing that with rates. Councilmanic pledges the entire City's revenue source to pay them off. Instead, we are paying it off out of rate increases in utilities. In response to Bennett, Wickstrom stated that we were including SR167 in increasing the culvert sizes. Wickstrom also stated that these projects are not new -we started with the SCS project which was constructing major drainage channels from Renton, north of 405 to where it presently outlets, all the way thru the valley. When it got down to who pays and how to implement it, everyone disappeared. In 1985 we came up with the option of utilizing the existing system we have and where the channels don't have the capacity, we built storage. At that point in time, all we did was preserve those projects by buying the right of way necessary. Wickstrom noted that in '92 we implemented a rate increase which was to do the design study on Mill Creek, to find out what's the least cost approach to solve the flooding problem along Mill Creek Kent Memorial Park area; complete the design on Garrison Creek; complete the design and implement the Lagoon project. Those are done and now we are at the point of wanting to proceed in the construction stage. In '92 we were going to implement a rate every year. We didn't implement a '93 or 94 rate increase. Paul Mann expressed appreciation for everything that is being done on this problem. Carol Stoner complimented staff on being so creative in finding money from other sources to add to this project. She noted that this project has a lot of advantages for several people in the valley and encouraged the Committee to move forward with this. In response to Mrs. Rust, Wickstrom stated that there is a general rate increase plus an additional rate increase for those areas that need specific improvements. The primary basins that are getting impacted with the most significant rate increase are those east and north of the river. Gary Young of Polygon stated that Polygon is in full support of staff on this issue and is in support of these rate increases. Young stated that Polygon is building homes at the Lakes Development and their focus is to build affordable homes for people. He noted that they proceeded on the basis that this project would go ahead. Young complimented staff on their creativity in coming up with a solution. Paul Mann stated that while the proposal is not final at this point, we will come back with a final proposal at the next Committee meeting. Josh Hatley of the State Dept of Licensing stated that the agency does not have any way to increase their rates without legislation. He asked where the money will go while we are waiting for the projects to get underway. Wickstrom stated that all revenues from utilities are kept separate and can only be spent on utility needs. He noted that were Council to 5 approve this, we will also have them establish the budget for these projects. Michel Gadbois of Flow International stated that Flow has a concern with the speed with - which this proposal came forth and having to put the rates in their budget for this coming year and the second concern is, this seems like a large, aggressive move and they feel that Kent is a city with modest needs. They feel we would be almost doubling the operating expense for utilities. They feel we should be able to tailor our expenditures to meet our needs. Wickstrom explained that the program is both a cash flow program and a bonding program. He said that under the 6 year proposal we were looking at $25 million with about $7 million actual cash -cash is generated from that additional revenue to cover the bond coverage debt and is fed back into the capital improvement program. He said that under the councilmanic issue, the total revenue stream would not go up to the $5.5 million per year - in the first year we would only go up to approximately $500,000 - $700,000. Therefore, the councilmanic issue has a significant reduction in the rates. Paul Seely of Boeing, complimented staff on their efforts in trying to find other ways to figure out this increase. He requested an updated packet on figures, when it is available. Dean Porter of Heath Techna asked if this particular funding option has any downside to it. Wickstrom said it does cut into councilmanic capacity; other than that, utility projects are funded strictly thru revenue bonds. There would be a change here and we can justify that because of the rate impact. He said there really isn't a downside. Committee concurred that this item will be brough back at the next Public Works meeting on March 13th. Renton Emeroengy Water Agreement Wickstrom explained that last summer, because of the dry spell, we had some concerns about the ability of our system to supply our needs -we had some wells dropping so we used everyone else's water before we used ours. He said we have an intertie that we built with Renton in the '70s. Renton had a concern with this and therefore established an agreement with us. This sets up a means which recognizes that intertie and allows us, if they have water available, to buy from them. We can in turn, sell water to them if we have it available. This agreement sets the rate which is our standard consumer rate. Committee unanimously recommended that upon concurrence of the Public Works Director and the City attorney, authorize the Mayor to execute an agreement with Renton for the emergency sale of water. Speed Humps along SE 236th PI Wickstrom stated that after studies were taken by staff and various attempts were made 6 to try to reduce the speed thru this area, the neighborhood got together and signed a petition with enough signatures to meet the guidelines of the next step, that being installing speed humps. We are asking for concurrence of that and authorization to install the speed humps. Committee unanimously recommended that speed humps be installed along SE 236th PI between 104th Ave SE & 108th Ave SE. Added Item: Quality of Kent's Water Mann stated that he has received concerns from citizens regarding possible parasites (cryptosporidium) in Kent's water. He asked what we can do with regard to addressing that issue and asked how well our filtration system is working. Wickstrom stated that he will have the Water Superintendent look into this. He suggested sending out a flyer stating that Kent does not have a problem of this kind. Mann requested that his water be tested at his home. Added Item: Bennett noted that motorists are using the Lakes Condo area near Russell Road as a new by-pass (228th to Russell Rd) Wickstrom said that he would have the traffic staff look into this. Discussion: Regarding the Capital Improvement Fund, Tim Clark said there are times obviously when old bonds simply"go away" so the potential indebtedness is increased at other points. But there is that collision point where things are layered which can cause a significant jump up. He asked where we are in that whole process and asked Wickstrom if this could be addressed at the next Committee meeting. In response to Clark, Wickstrom stated that there has not been a utility increase within the past 12 months. Clark noted that there was a utility rate that went up in terms of the expansion of the Lighthouse Project. Wickstrom stated that all our city utilities, water, sewer drainage pays the City's utility tax directly. It's paid as an expense. Anytime the utility tax is raised this becomes an expense to the utility and it is paid out of the existing revenue. It is not automatically passed on. Wickstrom explained that the utility tax used to be an 'add on . When we implemented the street utility, the utility tax was switched to be paid soley out of the utility. In order for the City utilities to pass an increase in the utility tax a rate increase is necessary. So when Council increased that utility tax last time, it came out of the existing revenue of the utilities. Meeting adjourned: 5:45 P.M. 7