Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/07/1995 i I " ------ CityK" ent ColtCouncil ' ,II Agenda i a. r 1 ' Nl a yo .. ,..I I (' ..r 'w,!r'al h i to J Lid y ' Wc) v Ic:,; F" rc,sldent Jinn Bennett ,..1on Johnson Tim (.'..lark ::caul Mann Christi cY,.aser, i....inona Orr February '7,, *1995 �3ffece c)f the CduI C:Ierk cirr or M�ffl`T SUMMARY AGENDA KENT CITY COUNCIL MEETING February 7, 1995 Council Chambers 7:00 p.m. V 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. 1995 Community Arts Grant Awards B. Introduction of Mayor's Appointees C. Employee of the Month D. Regional Justice Center Update 2. PUBLIC HEARINGS A. Street Vacation-Russell Road Between S.228th Street and James Street-STV-95-1 B. Beck Annexation AN-94-4-Hearing and Ordinance 3. CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Green River Valley International Trade Program-Service Agreement D. Salaried Judge Position-Budget Change E. Inspection Agreement with King County F. City Council Excused Absence G. West Titus Street Vacation-Set Hearing Date-Resolution H. Drainage Utility Rates-Set Hearing Date I. Charge in Lieu of Assessment- 116th Avenue Water Main J. Frager Road Guardrail-Agreement K. Julie's Addition Final Plat FSU-94-7-Set Meeting Date L. Planning Commission Appointments M. Arts Commission Appointments N. LID 346-S.212th Street-Set Hearing Date O. Lindental, Phase II-Bill of Sale P. Wheelchair Ramps, Phase II-Accept as Complete Q. James Street/212th Street Water Main Replacements and 212th Street Storm Sewer Replacement-Accept as Complete R. S.212th Street Rebuild-Accept as Complete S. Downtown Sidewalk Rehabilitation Phase I-Accept as Complete T. Draft Comprehensive Plan CPA-94-1 -Referral U. Interlocal Agreement for Proposed Annexation Areas 4. OTHER BUSINESS A. MCI Metro Franchise-Introduction and First Reading B. Initiative Petition 101 -Juvenile Safety and Family Reconciliation Ordinance (Curfew) I 5. BIDS None 6. CONTINUED COMMUNICATIONS EXECUTIVE SESSION -a) Labor Negotiations b) Property Acquisition 7. REPORTS 8. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent(206)854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) 1995 Community Arts Grant Awards B) Introduction of Mayor's Appointees C) Employee of the Month E) Regional Justice Center Update Kent City Council Meeting Date February 7 , 1995 Category Public Hearings 1. SUBJECT: STREET VACATION - RUSSELL ROAD BETWEEN S. 228TH STREET AND JAMES STREET (STV-95-1) 2 . SUMMARY STATEMENT: This public hearing has been set to consider an application by the University Savings Bank to vacate a portion of Russell Road between S. 228th Street and James Street, as referenced in Resolution No. 1414 and as shown on the accompanying map and discussed in the staff report. 3 . EXHIBITS: Staff report, maps, application and resolution 4. RECOMMENDED BY: Planning Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO y YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS* OPEN HEARING: e PUBLIC INPUT• LIE CLOSE HEARING: If 7. CITY COUNCIL ACTION: Councilmember &1/1/ moves, Councilmember seconds to approve/ the Planning Department's recom- mendation of approval with conditions of an application to vacate a portion of Russell Road between S. 228th Street and James Street (STV-95-1) 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 J r%\ LS CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM February 1 , 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 RUSSELL ROAD BETWEEN S. 228TH STREET AND JAMES STREET - #STV-95-1 RECOMMENDATION: Approval with Conditions I. Name of Applicant University Savings Bank 6400 Roosevelt Way NE Seattle WA 98115 II. Reason for Requesting Vacation The applicant states that the, "Vacation is being sought pursuant to Condition B.2 of City of Kent Short Plat Resolution SPC-93-14 The Lakes Division 3 recorded in King County Number 9405041000." The short plat condition states that, "No Building Permits shall be granted for lot 3 until Russell Road is vacated for the entire lot frontage thereon and Lot 3 is incorporated into a development involving the property lying westerly of Russell Road." The applicant also states that, "This portion of road was deeded to the City of Kent in the short plat process with the intent that it be conveyed back to the Grantor upon completion of the alternate access which is now complete." III. Staff Recommendation After reviewing comments from the following departments and agencies: . Public Works . Fire . Police . Puget Power . METRO #STV-95-1 February 1 , 1995 Page 2 and conducting our own review, the Planning Department recommends that the request to vacate a portion of Russell Road Lying between South 228th Street and James Street, as mentioned in Resolution 1414 and shown on the accompanying map, be APPROVED with the following conditions: 1 . The City shall retain utility easements over, upon and under the property to be vacated along with rights to grant such utility easements to other public and/or private utility companies. 2. The City shall be compensated in accordance with City ordinance for said vacated property based on current fair market value thereof. The Public Works Department recommends that the funds received for the vacated right-of-way be deposited in the City's Sidewalk Construction Fund rather than in the Street operating Fund. JPH/mp:c:STV95.1 NORTH W SCALE: 1"=300' d co PROPERTY LINE ITTP.) , POND ; %� PQ i VACATION �1 (BUILDING NED BY CITY OF NENT)iJk i i, _ :, `•. r-- :• CREEW -- ..._-' --- R d DESIGNATED FOR PEDESTRIAN AND f' RECREATIONAL USE _t R U S S E LL ROAD VACATION #STV-95-1 f _ i4 GcralA 0. NcCauughan O Name: Universi_Lv Savings Dank CITY OF MIT 220 So. 4th Ave. I' �'� 1'.i.!`1 Address: G400 Roosevelt way NE: Kent, WA 90032 Seattle, WA 9811 Phone: 526-7570 F itOV 1 19UU94 D STREET AND/011 ALLEY VACATION APPLICATION AIM PETITION . Dear Mayor and Kent City Council : CC'TTyCCLERKr We, the undersigned abuttinlj property ormers, hereby respectfully request that certain Russell Road hereby be vacated. (General Location) Legal Description - ,See Attached Exhibit "All Vacation is being sought pursuant to Condition B.2 of City of Kent Short Plat Resolution SPC-93-14 The Lakes Division 3 recorded in Kirlg County Recording Number 9405041000. "No Building Permits shall be granted for Lot 3 until Russell Road is vacated for the entire lot frontage thereon and Lot 3 is incorporated into a development involving the property lying westerly of Russell Road. Note. This portion of road was deeded to the City of Kent in .the short plat process with the intent that it be conveyed back to the Grantor upon .completion of the alternate access which is now complete. 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. (IJOTE) Hap must correspond wiith legal description. ABUTTING PROPERTY OWIIERS TAX LOT 9 SIGNATURES AND ADDRESSES LOT, DLOCK 8 PLAT/SEC. TWIT. RG Abutting property owner is same as applicant. i Si.anrfd v University S vings Bank Date 5150.00 Fee Paid 11•easurer's Receipt No. Appraisal fee Paid Treasurer's Receipt Ilo. Land Value Paid Treasurer' s Receipt No. - Deed Accepted Date Trade Accepted Oate 5224-JJA TOTAL P.031 D XIgl1. 11- 11-7- N 0 V [ 1 199LI CITY OF KENT DODDS ENGINEERS, INC. CITY CLERK BELLEVUE, WA Project No. 94133I78139 November 15, 1994 PROPOSED ROAD VACATION All that portion of 53rd Avenue South (a.k.a. Russell Road) in the David A. Neely Donation Land Claim No. 37, King County, Washington, described as follows: BEGINNING at the most southerly corner of Lot 3, City of Kent Short Plat No. SPC 93- 14, as recorded under King County Recording No. 9405041000: thence NO2°03'30"E, along the west line of said Lot 3, a distance of 239.31 feel to a point on the southwest right of way line of Lakeside Boulevard West, said point being on a 330.00 foot radius, circular curve to the right, from which point, the center of said curve bears N56°57'41"E; thence northwesterly, along said curve, through a central angle of 35°05'49", an arc distance of 202.14 feet to a point of tangency with the west right of way line of 53rd Avenue South; thence S02°03'30"W, along said right of way line, 437.78 feet to the beginning of a 210.37 foot radius, circular curve to the left, from which point, the center of said curve bears NO2°03'30"E, thence easterly, along said curve, through a central angle of 16034'17", an arc distance of 60.84 feet to the most southerly corner of aforesaid Lot 3 and the POINT OF BEGINNING of the herein described tract. Containing approximately 18354 square feet or 0.4214 acres, more or less. VIAS ss•c r 3 T`:`��'SJQ`' filllull WES 7P13042•1 DOC. t IIIG/94. P390 i N 87.•°500 23. 1230 a N14°3o w t�o y ,ssti 46 46 CITY OF KENT . . ~,� y CITY CLEgrc, N8 20 EAST 70-, = 60.0 - - i � .-• 'nor- '� #STV-95-1 Lo \ PORTION OF RUSSELL ROAD BETWEEN �.� S . 228TH AND JAMES STREET L o n�. ' -��:•�''�' '•• ' o'er �o� ,_... VN Q• / ^1h4; fir ` V l I ` �t17 422 SgFt. �� `(0.40A c-) �, �� L = 4: 7 3 , 2 o � , . QlA. o DE 5� 1 RESOLUTION NO. l q j A RESOLUTION of the City of Kent, Washington, regarding the vacation of a portion of Russell Road between S. 228th St. and James St. in the City of Kent, and setting the public hearing on the proposed street vacation for February 7, 1995. WHEREAS, a petition has been filed by University Savings Bank to vacate a portion of Russell Road between S. 228th St. and James St. in the City of Kent, King County, Washington; and WHEREAS, University Savings Bank is the owner of at least two-thirds of the property abutting that portion of Russell Road 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 submitted by University Savings Bank shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, Febniary 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. ._. 1 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 February 7, 1995. assed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1994. "' � Concurred in by the Mayor of the City of Kent, this day of /aC-- , 1994. WHITE, MAYOR ATTEST: �8 c: BRENDA JACOBER, CIT CLERK APPROVED AS TO FORM: ROGER A. LUI30 ICI-I, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. Z L passed by the City Council of the City of Kent, Washington, the l3 day of Z�CC— , 1994. �C�vLQ!�J STVACNn7.res BRENDA JAC BE , CITY CLERK 2 ;`11 Kent City Council Meeting Date February 7 , 1995 Category Public Hearings 1. SUBJECT: BECK ANNEXATION(AN-94-4) - HEARING AND ORDINANCE 2. SUMMARY STATEMENT: This date has been set for the public hearing on the final Council action necessary for completion of the Beck Annexation (AN-94-4) . The City Council accepted the 60% petition on October 4, 1994 and filed the Notice of Intent document for review and approval by the Washington State Boundary Review Board (BRB) for King County. The BRB notified the City that the notice is approved as of January 13 , 1995. This annexation is approximately 200 acres and is located north of James Street and lies astride of 95th Avenue South (approxi- mately 1250 feet east of 94th and 600 feet west of 94th) extending northerly to approximately South 222nd Street. The proposed ordinance would annex this area. 3 . EXHIBITS: Staff report, vicinity map, Notice of Intention to Commence 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__Z_ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember n1_moves, Councilmember seconds 2 to adopt Ordinance No. 2�1 () annexing certain contiguous lands commonly known as the Beck Annexation (AN-94-4) . DISCUSSION: �Y ti, ACTION• C Council Agenda Item No. 2B CITY OF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 dApII�4A MEMORANDUM February 1 , 1995 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: BECK ANNEXATION AN-94-4. PUBLIC HEARING TO CONSIDER ANNEXING THE BECK AREA TO KENT. MEETING DATE: TUESDAY, FEBRUARY 7, 1995 IN COUNCIL CHAMBERS WEST AT KENT CITY HALL, 220 S. FOURTH STREET, KENT, WA I. Background On September 6, 1994 the City Council accepted the 10 percent annexation petition for the Beck area and authorized the circulation of the 60 percent petition. On October 4, 1994 the Council noted that the City was in possession of signed "no-protest" annexation agreements equaling more than 60 percent of the assessed valuation of the proposed Beck annexation area. The Council found, that because these no-protest agreements are equivalent to actual signatures on an annexation petition, it was appropriate for the Council to accept the no-protest agreements as the equivalent of a valid petition and to direct the staff to file a Notice of Intent with the King County Boundary Review Board. The staff did file the Notice of Intent on November 29, 1994. Having not received a request for review, the Boundary Review Board sent the City a closing letter stating that, "this notice is hereby deemed approved as of January 13, 1995." II. Location The proposed annexation is located north of James Street and lies astride of 94th Avenue South ( approximately 1250 feet east of 94th and 600 feet west of 94th) extending northerly to approximately South 222nd Street. BECK ANNEXATION #AN-94-4 February 1 , 1995 Page 2 III. Size of Proposed Annexation The proposed annexation is approximately 200 acres. IV. Background Information This proposed annexation lies southerly of the recently annexed Jones/Hobbs and Everson areas. There are approximately 173 dwellings and approximately 187 lots in the annexation area. The estimated population for the Beck annexation is 487 persons (Washington State estimates that there are 2.8175 persons per single family dwelling in Kent; the Beck dwellings are all single family)• V. County Comprehensive Plan and Zoning The County's recently adopted Growth Management Plan designates the Beck Annexation area as Urban Residential with 4 to 12 dwelling units per acre. The County's zoning for the annexation area is R-6, Residential with 6 dwelling units per acre. VI. Kent's East Hill Plan and Zoning Kent's East Hill Plan covers this area and anticipates development of 4 to 6 dwelling units per acre. The Planning Commission's recommendation to the City Council for Kent's Growth Management Plan designates this area as SF 1- 8, 1 to 8 dwelling units per acre. Kent's zoning for the area easterly and southerly of the proposed annexation is R-1-9.6 (one dwelling unit per 9,600 square feet) and R-1-7.2 (one dwelling unit per 7,200 square feet). The Beck annexation will have an interim zoning of R1-20 (one dwelling unit per 20,000 square feet) upon annexation; final zoning will be applied within 6 months of annexation. BECK ANNEXATION #AN-94-4 February 1 , 1995 Page 3 VII. Impacts to City Operations All City departments were contacted concerning this proposed annexation. The Fire Department states that, "Currently the area is served by King County Fire District #37 through the Kent Fire Department. Overall the department continues to experience a significant number of calls for service. While smaller annexations may not bring immediately noticeable changes, a more dense development of these areas will most certainly place added demands on the emergency service system. The immediate impact of this annexation is on the shifting of the related revenue and the responsibility for funding this areas current level of service from the Fire District to the City. As the land becomes more developed, the effects of small annexations, such as this, along with other increased development throughout the City will necessitate adding staff to maintain current service levels." The Public Works Department makes the following comments: Sanitary Sewer Service The area is presently within the City's sewer franchise area. The City's sewer system services only a portion of the entire area. Much of the area is on septic tank systems. Because the City already serves the area, the Beck annexation will have no impact on the City's sewer system. Water Service The bulk of the area is presently served by the City's water system. Only the area in the northeast corner of the annexation which abuts 222nd Street and 100th Avenue SE (approximately 20 acres) is served by the Soos Creek Sewer and Water District. Because the bulk of the area is already served by the City and the District will continue to serve the area mentioned above, there will be no impact on the City's water system. However, upon annexing the City's inside water rate will apply, and since this rate is 22% less than the outside rate, a slight revenue loss will occur. BECK ANNEXATION #AN-94-4 February 1 , 1995 Page 4 Drainage Service Once annexed, the area will be subject to the City's drainage utility service charges. This will result in additional City drainage revenue. Much of the drainage system consists of roadside ditches. Some of it is in fair condition and some of it does not drain to any visual outlet. There are also two new detention systems which are in good shape and over a mile of pipe system which, while not to our standards, is acceptable. Overall, it is anticipated that the ongoing maintenance and operation costs will be approximately $2,500 per year. The annexation will bring the South Fork and the Benson Fork of Upper Garrison Creek into the City's jurisdiction. While this will enable the City to better manage these assets, there will most likely be some associated costs and liabilities. Garbage Service The area is served by Meridian Disposal which is a Rebanco company. Under state law, Meridian will continue to service the area for 5 years. The City's spring and fall cleanup services will be available and since there has been no additional costs for the same service in other areas annexed to the City, it is expected that there will be no additional costs here. Recycling and yard waste is subject to the same 5 year provision as is garbage service. Therefore, there should be no immediate cost to the City. Street and Traffic Pedestrian Service Annexing the area means accepting one mile of 2 lane asphalt paved street and approximately 0.64 miles of fully improved street. Although all streets are in good shape, there is about $5,600 of immediate needs related to shoulder work, vegetation control and pavement marking/traffic signs. Annual street maintenance costs, including street sweeping, are estimated to be $6,900 with overlay costs in 7 to 10 years estimated to be $103,000. Other areas of possible financial impacts relate to the City's neighborhood traffic control program, street lighting requests and road widening of 94th Avenue for pedestrian (school children) travel. BECK ANNEXATION #AN-94-4 February 1 , 1995 Page 5 The Police Department estimates that their costs in the Beck Annexation area will be in the range of $127,019. The Department also states that they do not anticipate above average calls for service and that they can absorb this particular annexation into their existing beat plans. VIII.Financial Information The assessed valuation in the Beck annexation area is $32,885,149 (1994 valuation). The total estimated revenue from the annexation area is estimated to be $150,017. The total estimated expenditures for all City services in the annexation area is $195,536. The net impact of service costs versus revenue is a loss of $45,519. IX. Estimated Property Taxes Home Value Kent Property Tax King County Property Tax $200,000 $2,998.55 $3,037.78 $350,000 $5,247.46 $5,316.12 X. City Annexation Policies In 1987 the City Council adopted policies that deal with annexations (Resolution 1150). A review of those policies indicates that the Beck annexation satisfies their intent. a:an94.41 A�IL TO: City of Kent Property Management 220 4th Avenue S is Kent, WA 98032 Attn: Carol Storm - r NOTICE OF INTENTION TO COMMENR " D ANNEXATION PROCEEDINGS LLLLLLJJJJJJ LLLLLL111III JUL 1 9 1994 CITY OF KENT CITY CLERK NAME OF PETITIONER: KENNETH L. BECK TO: THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON We, the undersigned, constituting the owners of not less than 10% in value, according to the assessed valuation for general taxation of the property contiguous to the City of Kent for which annexation is to be petitioned do hereby notify you of our intention to commence annexation proceedings seeking the annexation of the following described property to the City of Kent, by circulating a petition therefore among the property owners of said area. The territory proposed to be annexed is within King County, Washington, and described as follows: Those portions of the East half of Section 18, Township 22 North, Range 5 East, W.M. , in King County, Washington, lying Easterly of Kent City Limits as established under Ordinances 1282 and 1000 and lying Westerly of 98th Avenue South and lying Westerly of Kent City Limits as established under Ordinances 3127, 2703 and 1375 and lying Northerly of Kent City Limits established under Ordinances 2627, 2149 and 1003; Including all public roads therein and/or adjacent thereto; AND ALSO the Northeast quarter of the Northeast quarter of the Northeast quarter of said Section 18, EXCEPT the South 198 feet thereof; TOGETHER WITH 100th Avenue Southeast lying adjacent thereto; AND ALSO the East 13 feet of Tract 37 and all of Tracts 3B, 39 and 40, Uneedan Orchard Tracts unrecorded lying within a portion of the Southeast quarter of the Southeast quarter of Section 7, Township 22 North, Range 5 East, W.M. , in King County, Washington, lying South of South 222nd Street; TOGETHER W m Avenue Southeast lying adjacent thereto. WHOR - -,If; C PCA(IN IFrG DCC RP."` I ABOVE OR ATTACHED DESCRIPTION CIip G[rr r.r NOT TO BE USED FOR LEGAL OR ORDINANCE PURPOSES WHEREFORE, these initiating parties respectfully request the Honorable Council to set a date for a meeting with these initiating parties within 60 days from the date of filing this notice to determine whether the City of Kent will accept the proposed annexation, and whether it shall require the assumption of existing City indebtedness by the area to be annexed. M592-KLB J. f: v I r I f•: • ECK AN r q f "• J ! !� , ?{ ^t e err ft r A t / i rS sr r � •♦ / /:x ii s ; li5 Ff• i 7 :w / � � 3 _ 1 BECK ANNEXATION 3 FL l y / 1 .r ff / r +�" it it �i ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, annexing to the ' City certain contiguous lands, comprising approximately 200 acres generally located north of James Street, lying astride of 94th Avenue South (approximately 1250 feet lying east of 94th and 600 feet lying west of 94th) extending northerly to approximately South 222nd Street, and commonly known as the Beck Annexation. -. WHEREAS, in accordance with Chapter 35A. 14 RCW, the owners of not less than 60 percent of the assessed valuation for general taxation of certain real property, the "Beck Annexation" area, which is more particularly described in Exhibit A to this ordinance, have petitioned the Kent City Council to annex the Beck Annexation Area to the City of Kent, which annexation area is indicated on the map marked Exhibit B, which is attached and incorporated herein by this reference; and WHEREAS, the City has determined the Beck Annexation area annexation petition to be sufficient in all respects; and WHEREAS, in accordance with Chapter 35A. 14 RCW various proceedings were had; and it j ii j WHEREAS, the City filed a Notice of Intention document '! with the Washington State Boundary Review Board for King County !I i ( "BRB" ) ; and WHEREAS, jurisdiction was not invoked for review by the BRB, and the BRB has deemed the proposed Beck Annexation approved as of January 13 , 1995 ; and WHEREAS, the City has published and posted notice of a ;! public hearing on the proposed Beck Annexation in accordance with RCW 35A. 14 . 130 so that interested persons could voice their approval or disapproval of the annexation; and WHEREAS, the City Council of the City of Kent held the public hearing on the Beck Annexation in the City Council Chambers at a regularly scheduled meeting of the Kent City Council at 7 : 00 p.m. on February 7, 1995 ; and WHEREAS, it appears to the City of Kent that the Beck Annexation meets all requirements specified by law, to and including consideration of the passage of this ordinance, and that the land to be annexed is contiguous to the City of Kent and has not heretofore been incorporated in or as a city or town; NOW, THEREFORE, is i 2 i i' I. i' !' THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES I I i' j HEREBY ORDAIN AS FOLLOWS : 'i Section 1 . The foregoing recitals are incorporated by this reference and made a part hereof . Section 2 . There shall be annexed to the City of Kent, ' Washington certain property situated in King County, Washington, which property is legally described in Exhibit A attached hereto and incorporated by this reference, and having the boundaries indicated in the map attached hereto as Exhibit B and incorporated by this reference . Section 3 . That, in accordance with the Beck Annexation property owner' s petition, the property hereby annexed ;: shall be assessed and taxed at the same rate and on the same basis as other property within the City of Kent is assessed and taxed to pay for any outstanding general indebtedness of the City to which the area was annexed and which indebtedness has been ,. approved by the voters, contracted for, or incurred prior to, or existing at the effective date of this annexation. Section 4 . That this annexation will become effective :, upon the effective date of this Ordinance, and the annexation larea shall become a part of the City of Kent, subject to all the I! 3 i III , l it II laws and ordinances of the City except as otherwise provided by r law. I, , Section 5 . Within thirty (30) days from the effective date of this Ordinance as provided by law, the City Clerk of the 3' City of Kent shall, under the direction of the Mayor of the City of Kent, determine the resident population of the annexed territory, which population determination shall consist of an actual enumeration of the population that shall be made in accordance with the practices and policies and subject to approval of the State of Washington' s Office of Financial Management and which population shall be determined as of the effective date of this annexation as specified in this ordinance .' Section 6 . Within thirty (30) days after the effective date of the annexation referred to in this Ordinance, the City Clerk of the City of Kent , pursuant to RCW 35A. 14 . 700 , shall prepare a certificate signed by the Mayor and attested by the City Clerk in such form and containing such information as shall be prescribed by the State Office of Financial Management, and the City Clerk shall thereafter submit said certificate in triplicate to the Office of Financial Management together with the population determination of the annexed territory. 4 _. i� �I Section 7 . Upon passage of this annexation ordinance, !, the City Clerk of the City of Kent, pursuant to RCW 35A. 14 . 140 , I shall send to the Office of the Clerk of the County Council a certified copy of this ordinance together with a copy of a letter from the BRB ' s Executive Secretary of the King County Boundary Review Board that declares the BRB ' s decision relating to this annexation (Exhibit C) . Section 8 . Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance . Section 9 . Effective Date . This ordinance shall take effect and be in force commencing 11 : 59 p .m. , February 28, 1995, 1: which date is more than five (5) days from and after the date of , passage of this ordinance . JIM WHITE, MAYOR ATTEST: i !i i BRENDA JACOBER, CITY CLERK i I i' I i' i! ii I i IAPPROVED AS TO FORM: i �i .'' ROGER A. LUBOVICH, CITY ATTORNEY l i �IPASSED day of 1995 . ! APPROVED day of 1995 . i '.. 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. i! (SEAL) BRENDA JACOBER, CITY CLERK I I i beck.ord j 6 i' i i i Those portions of the East half of Section 18 , Township 22 North, Range 5 East, W.M. , in King County, Washington, lying Easterly of Kent City Limits as e-stablished under Ordinances 1282 and 1000 and lying Westerly of 98t_ Avenue South and lying Westerly of Kent City Limits as established under Ordinances 3127, 2703 , and 1375 and lying Northerly of Fent City Limits established under Ordinances 2627 , 2149 and 1003 ; including all public roads therein and/or adjacent thereto; AND ALSO the Northeast quarter of the Northeast quarter of the Northeast quarter of said Section 18 , EXCEPT the South 198 feet thereof; together with 100th Avenue Southeast lying adjacent thereto; AND ALSO that portion of the West 30 feet of the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 17 , Town-ship 22 North, Range 5 East, W.M. , in King County, Washington, lying Northerly of Kent City Limits established under Ordinance 2703 ; AND ALSO the East 13 feet of Tract 37 and all of Tracts 38 , 39 and 40, Uneedan Orchard Tracts unrecorded lying within a portion of t-e Southeast quarter of the Southeast quarter of Section 7 , Township 22 North, Range 5 East, W.M. , in King County, Washington, lying South of the Southerly margin of South 222nd Street; together with 100th Avenue Southeast lying adjacent thereto; AND ALSO that portion of the West 30 feet of the Southwest quarter of the Southwest quarter of the Southwest quarter of Section 8 , Township 22 North, Range 5 East, W.M. , in King County, Washington, lying South of the Southerly margin of S. E. 222nd Street. EXHIBIT= �;ity of Kent - Planning Departmer,L n s rM t V 8 0 W SE ;ET11 7T n BE ZI8TH ST W ST Ja TVT — _ r --- SC 22MM ST S Be lvw u — r� W 6 a x J g W 26IST ST gift Y y C 6 J 6_ f ' SMITH ST by BE A gn ST O�Oi j e 2�,PPLICATI+DN NAME: Beck :UMBER: #AN-94-4 DATE: September 6, 1994 EQUEST: Annexation LEGEND J Application site icinity Map EXHIBIT i i i Railroad tracks Kent City Limits U, A.<IL6 ` vLAILLY NRIEW Central Building, Suite 608, 810 3rd Avenue. Seattle, WA 98104-1693 (206) 296-6800 January 17, 1995 The Honorable City Council / '! j r; 1995 .City of Kent ci`;�uvrtni;v�; Ut p1. 220 - 4th Avenue South Kent, WA 98032-5895 RE: CLOSING LETTER FILE NO. 1898 - CITY OF KENT - BECK ANNEXATION Dear Madam of Sir: You have been advised that the above file was filed effective: November 29, 1994. The Board has received no request for review as specified in RCW 36.93. Therefore, the 45-day filing period having elapsed, this notice is hereby deemed approved as of January 13, 1995. Sewer and water district proposals and some other actions are also subject to approval by the Metropolitan King County Council. If there are changes by the Council, the Board may be required to hold-a public hearing at that time. In order for the proposed action to be finalized, it is necessary that you complete the other statutory requirements or procedures specified in your Notice of Intention. Where required, please file one certified copy of your final resolution or ordinance accomplishing this action with the Council Administration, Room 402 King County Courthouse, Seattle, Washington 98104, ATTN: Ms. Kathy Nelson, together with a copy of this letter. ,�&Z/ 1 � Alda H. Wilkinson Executive Secretary CC: King County Division of Records and Elections ATTN: Bob Bruce, Elections Superintendent King County Council Administration, ATTN: Kathy Nelson King County Council Administration, ATTN: John Lombard (W or S only) King County Department of Assessement, ATTN: Diane Murdock King County Parks, Planning & Resources Department, ATTN: Jim Reid, Manager, Planning Division King County Department of Public Works, ATTN: William Vlcek King County "911" Program EXHIBIT CONSENT CALENDAR 3 . city council Action: Councilmember moves, Councilmember err seconds that Cons t Calendar Items A through U be approved. Discussion Action OYw 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 17, 1995. 3B. Approval of Bills. Approval of payment of the bills received through January 3, 1995 for 1995, January 12, 1995 for 1994 and January 13 , 1995 for 1995 and paid on January 12 , 1995 for 1994 and January 13 , 1995 for 1995 after auditing by the Operations Committee on January 25, 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 1/1-1/12/95 150851-151217 $1,266,868 .44 1/1-1/13/95 151218-151266 601,471.78 $1, 868, 340.22 Approval of checks issued for payroll for January 1 through January 15, 1995 and paid on January 20, 1995. Date Check Numbers Amount 1/20/95 Checks 200485-200817 $ 292,592 . 20 Advices 21149-21530 488 ,859. 57 $ 781,451. 77 Council Agenda Item No. 3 A-B Kent, Washington January 17, 1995 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, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson, and Finance Division Director Miller. Approximately 30 people were at the meeting. PUBLIC Daughters of the American Revolution American COMMUNICATIONS History Month. Mayor White read a proclamation declaring the month of February, 1995, as Daughters of the American Revolution American History Month in the City of Kent. He noted that our ability to respond intelligently to the issues we face today depends greatly on our understanding of history, and encouraged citizens to join in this observance. He then presented the proclamation to Lola Kimmel. State of the City Address. Mayor White noted that his first year as Mayor has been one of excitement, accomplishment, and rebuilding. He pointed out that damaged relationships have been healed, that fiscal soundness was restored to the City's treasury, and that reserve funds have been rebuilt. He noted that the budget does not call for tax increases or increases in service fees, and does not decrease the level of ser- vices provided to citizens. He noted that 18 unsightly or unsafe sites have been brought into compliance, that two new parks were opened and property was acquired for future parks. He noted that the City opened their own Municipal Court, and that the 1200-acre Ramstead Annexation was completed paving the way for development of the 272nd/277th Corridor project. Mayor White announced that he will be working with Council to adopt a new comprehensive land use plan which will guide the City's growth through the year 2010. He said he intends to expand international trade relationships which will result in more jobs, new businesses, economic diversification and stability. He noted that in April a building permit will be issued for the King County Regional Justice Center and that the City has received a notice of intent to annex an area of 5.9 square miles and 18, 000 people. He stated that the City will meet these challenges with creativity and innovation. 1 January 17, 1995 CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through T be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of January 3 , 1995 . HEALTH & (CONSENT CALENDAR - ITEM 3P) SANITATION Willow Way. AUTHORIZATION to accept the Bill of Sale for Willow Way submitted by Litowitz Construction, Inc. , for continuous operation and maintenance of 780 feet of sanitary sewer improvements, and release of bonds after expiration period. This project is located at S. 222nd Street & 100th Avenue S.E. , as recom- mended by the Public Works Director. (CONSENT CALENDAR - ITEM 3Q) Costello Apartments. AUTHORIZATION to accept the Bill of Sale for Costello Apartments submitted by the King County Housing Authority, for continuous operation and maintenance of 20 feet of water main extension, 565 feet of sanitary sewers, 900 feet of street improvements and 865 feet of storm sewers, and release of bonds after expiration period, as recommended by the Public Works Director. This project is located at 6610 South 238th Street. WATER (CONSENT CALENDAR - ITEM 3M) Derbyshire Water Main Replacement. AUTHORIZATION to accept as complete the con- tract with Archer Construction, Inc. for the Derbyshire Water Main Replacement project and release of retainage after receipt of State releases, as recommended by the Public Works Committee. The original contract was $258, 340. 21. The final construction cost was $283, 517 . 70, the overage being due to poor quality of the existing asphalt pavement and the necessity to use more select backfill material. Adequate funds within the project fund exist to cover the overage. (CONSENT CALENDAR - ITEM 3S) 116th Avenue Water Main. AUTHORIZATION to accept as complete the contract with Fournier Construction, Inc. for the 116th Avenue Water Main project and release of retainage after 2 January 17, 1995 WATER State releases, as recommended by the Public Works Director. The original contract was $89,937 . 22 . The final construction cost was $95, 490. 80. STREET (CONSENT CALENDAR - ITEM 3N) IMPROVEMENTS LID 342 - Smith Street Sidewalks. AUTHORIZATION to accept as complete the contract with Mer-Con, Inc. for the LID 342 Smith Street Sidewalks project and release of retainage after receipt of State releases, as recommended by the Public Works Committee. The original contract was $83 ,731.70. The final construction cost was $102, 963 .72, the overage being due to the neces- sity of constructing a retaining wall on the south side of Smith Street in order to maintain the landscaped areas. Adequate funds exist within the project fund to cover this overage. STORM WATER (CONSENT CALENDAR - ITEM 30) DRAINAGE Storm Water Drainage Code Revision. ADOPTION of Ordinance No. 3208 amending Section 7 . 07 . 090 and Sections 7 . 07 . 100 in Chapter 7 . 07 Surface Water and Drainage Code of the Kent City Code, as recommended by the Public Works Committee. The maintenance bonds required for stormwater pro- jects is presently set at two years while all other maintenance bonds held on projects are for one year. This ordinance would establish a one year maintenance bond for stormwater drainage projects and revise Chapter 7 . 07 of the Kent City Code to reflect same. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3K) Asphalt Overlay Inter-Agency Agreement with King County. AUTHORIZATION for the Mayor to sign the Asphalt Overlay Inter-Agency Agreement with King County, as recommended by the Public Works Committee upon the City Attorney's review and approval. The City has an opportunity to include City overlay work in the County's 1995 Countywide Overlay Program. The County has prepared an agreement to include the portion of Kent Kangley Road within the Clark Springs watershed pro- perty. This portion of the road has been annexed to the City and is approximately 1 mile long. King County estimated the total cost to the City at $71, 800. $65, 000 has been budgeted 3 January 17, 1995 PUBLIC WORKS therefor. The County will be funding the overlay work on both ends of this particular segment. The actual cost is anticipated to be within the $65, 000 budgeted. (CONSENT CALENDAR - ITEM 3L) Carnaby Street Sidewalks. AUTHORIZATION to accept as complete the contract with Mer-Con Inc. for the Carnaby Street Sidewalks project, and release of retainage after receipt of State releases, as recommended by the Public Works Committee. The original contract was $36, 290. 00. The final construction cost was $43, 740.92, the overage being due to additional landscaping required. Adequate funds within the sidewalk fund exist to cover this overage. . (CONSENT CALENDAR - ITEM 3R) Reiten Road Landslide. AUTHORIZATION to accept as complete the contract with Pile Contractors, Inc. for the Reiten Road Landslide project and release of retainage after State releases, as recommended by the Public Works Director. The original contract was $24,400. 00. The final construction cost was $24, 740. 00. PLAT (CONSENT CALENDAR - ITEM 3F) South Bend Preliminary Plat #SU-94-8. AUTHORIZATION to set March 9, 1996 as the date for a one-year extension for South Bend Preliminary Subdivision No. SU-94-8 as requested by Robert A. Bennett to insure that this plat is completed. REZONE (OTHER BUSINESS - ITEM 4B) Ladum Rezone #RZ-94-2 . The Hearing Examiner has recommended approval of an application by Larry and Jacqueline Ladum to rezone four acres from MA, Industrial Agricultural, to MRG, Garden Density Multifamily Residential. The property is located at approximately 6300 S. 236th Street. ORR MOVED to remand the Ladum Rezone RZ-94-2 back to the Hearing Examiner to address two issues. Houser seconded. Orr explained that Kent Zoning Code Section 15. 04. 160 states that rezoning of RA and MA lands to more intensive use shall be predicated 4 January 17, 1995 REZONE upon the documentation of the need for addi- tional residential, commercial or industrial land in Kent and that this documentation shall consist of a fiscal impact analysis showing the other lands already zoned and accessible to municipal services are not sufficient and/or suitable to accommodate demand for the proposed uses and that the market demand for the proposed development is sufficient to generate the re- venues necessary to provide municipal services including but not limited to police, fire, streets, water, drainage and sewer required by the project. She said she does not feel this issue has been addressed. Orr said the second issue relates to Section 15. 09. 050, A.3 .e. , which states that the pro- posed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. She noted that this rezone directly abuts an elementary school which is at or over capacity and she would like this issue addressed. There were no further comments and Orr' s motion carried. ANNEXATIONS (CONSENT CALENDAR - ITEM 3T) (ADDED BY OPERATIONS DIRECTOR MCFALL) Beck Annexation. AUTHORIZATION to set February 7 , 1995, as the date for a public hearing on the Beck Annexation, to consider adoption of an annexation ordinance at that time, and to publish the appropriate notice. (OTHER BUSINESS — ITEM 4C) Meridian Annexation. The proposed resolution establishes a policy to preserve and encourage single-family residential use as the predominant land use within the proposed Meridian Annexation area. Additionally, the resolution directs staff to implement this policy as part of the City' s draft Comprehensive Plan. Orr noted that a revised copy of the resolution has been provided to Councilmembers, and that it was approved by the Planning Committee today. SHE THEN MOVED to adopt Resolution No. 1420 establishing a policy to preserve and encourage 5 January 17, 1995 ANNEXATIONS single family use within the Meridian Annexation area. Bennett seconded and the motion carried. ANNEXATION (CONSENT CALENDAR - ITEM 3C) ZONING Ramstead/East Hill Annexation Zoning. ADOPTION of Ordinance No. 3207 designating zoning for the Ramstead/East Hill Annexation, as determined and approved by the Council at its meeting on January 3 , 1995. DOWNTOWN (CONSENT CALENDAR - ITEM 3G) PARTNERSHIP Rent Downtown Partnership. AUTHORIZATION for the Mayor to sign a Letter of Agreement with Kent Downtown Partnership for the promotion and marketing of Kent' s downtown. Funds have been allocated for this purpose in the 1995 Kent City Budget. COUNCIL (CONSENT CALENDAR - ITEM 3E) City Council Retreat and City Tour. AUTHORIZATION to set January 21, 1995, at 8 : 30 a.m. for a tour of areas in the City and in the urban growth area that are under considera- tion in the proposed Comprehensive Plan, and AUTHORIZATION to set February 3 and 4, 1995, as the date for the Council retreat. HUMAN RESOURCES (CONSENT CALENDAR - ITEM 3H) Federal Drug and Alcohol Testing Compliance. APPROVAL of Valley Occupational Health Services to serve as the collector for drug screens, the alcohol testing source, the random sample source for testing names, the provider of mandatory training for supervisors, and the provider of the independent Substance Abuse Professional (medical doctor), all to be provided on a fee basis. (CONSENT CALENDAR - ITEM 3I) Worker's Compensation claim Handling Contract. APPROVAL of renewal of the third party claims administration contract with Scott-Wetzel for 1/1/95 to l/l/96. Quarterly deposits for 1995 are down because claims are down, medical-only handling claims cost are increasing from $85 to $90 per claim, loss time handling costs are increasing from $395 to $435 per claim, all within reason. The claim reduction trend can be contributed to safety awards and improving employee attitudes. 6 January 17 , 1995 HUMAN RESOURCES (CONSENT CALENDAR - ITEM 3J) Safety Awards Program Expansion. APPROVAL to increase the currently approved and active safety awards program from 200 employees to 600 (all benefitted employees) . The pilot program has produced and can take credit for part of the reduced workers compensation claims, it has substantially increased employee interest in safety, it is time to expand same City-wide, and it has and. should continue paying its own way in claim cost reduction. PARKS & (CONSENT CALENDAR - ITEM 3D) RECREATION East Hill Park Expansion Project. AUTHORIZA- TION to accept as complete the East Hill Park Expansion Project for demolition of houses on the Morrill Property and to release retainage to City Transfer, Inc. upon receipt of State releases, as recommended by Parks and Recreation Department staff. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through December 30, and paid on December 30, 1994 after auditing by the Operations Committee on January 11, 1995. Approval of checks issued for vouchers: Date Check Numbers ' Amount 12/16-12/30/94 150348-150850 $996, 441.81 Approval of checks issued for payroll for December 16 through December 31, 1994 and paid on January 5, 1995 . Date Check Numbers Amount 1/5/95 Checks 200215-200484 $249 , 241. 66 Advices 20778-21148 437 ,499 . 31 $686,740. 97 (OTHER BUSINESS - ITEM 4A) Golf Course Debt Refunding. At their January llth meeting, the Operations Committee recommended adoption of an ordinance for the refunding of 1988 Golf Complex Bonds with Councilmanic Bonds and authorizing the Mayor to sign the Refunding Trust Agreement and Refunding Bond Purchase Agreement with Lehman Brothers. 7 January 17 , 1995 FINANCE May Miller explained that refunding these bonds will reduce the debt service cost and will generate a significant amount of cash in 1996, 1997 , and 1998 . She said it also eliminates the need to maintain the $560, 000 debt service reserve account. She noted that the funds will be used to refurbish the driving range, to construct a new mini-putt, and to upgrade the existing golf course. Dick King of Lehman Brothers distributed copies of the Final Pricing Information and explained the sources and uses of funds. He pointed out that approximately $11000, 000 will be available for capital projects. He also outlined the amount of savings each year through 2008 . JOHNSON MOVED to adopt Ordinance No. 3209 relat- ing to the 1995 Limited Tax General Obligation and Refunding Bonds and authorizing the Mayor to sign the Refunding Trust Agreement and the 1985 Golf Course Refunding Bond Purchase Agreement with Lehman Brothers. Houser seconded and the motion carried. REPORTS Operations Committee. Johnson noted that the Committee will meet next Wednesday at 9 : 30 a.m. Administrative Reports. Mayor White stated that Kent's Sister City, Kaibara, is located 75 miles north of the site of last night's earthquake in Japan. He reported that an exchange student in Kaibara from Kent is safe, and that when damages have been determined, an effort to assist will begin. ADJOURNMENT The meeting adjourned at 7 : 40 p.m. 4 Brenda Jaco er CMC City Clerk 8 Kent City Council Meeting Date_ February 7. 1995 Category Consent Calendar 1. SUBJECT: GREEN RIVER VALLEY INTERNATIONAL TRADE PROGRAM f 2 . SUMMARY STATEMENT: Authorization to enter into a service agreement for the Green River Valley International Trade Program. Funds have been allocated in the City of Kent 1995 budget. 3 . EXHIBITS: Memorandum to City of Kent Operations Committee, 1995 Evaluation Report and the 1995 timeline 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $25, 000 SOURCE OF FUNDS: General Fund Allocation 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda .Item No. 3C MEMORANDUM DATE: January 20, 1995 TO: Jon Johnson, Operations Committee Chair Christi Houser, Operations Committee Member Leona Orr, Operations Committee Member FROM: Arthur Martin, Governmental Affairs Manaser SUBJECT: Service Agreement for the Green River Valley International Trade Program Please find attached the referenced agreement as well as the 1994 Evaluation Report and the 1995 timeline. Funds have been allocated in the 1995 City of Kent budget. I will be glad to answer any questions you may have at your January 25th meeting. I would request that the Operations Committee recommend to the City Council that the Mayor be authorized to enter into an agreement for the Green River Valley International Trade Program. SERVICE AGREEMENT FOR THE GREEN RIVER VALLEY INTERNATIONAL TRADE PROGRAM This service agreement is entered into by and between the City of Kent (hereinafter "City" ) and the Kent Chamber of Commerce (hereinafter "KCC" ) as follows : WHEREAS, pursuant to RCW 35 . 21 . 703 it is in the public interest for cities to engage in economic development programs and cities may contract with non-profit corporations in furtherance of acts relating to economic development . WHEREAS, the City seeks to enhance tourism and economic development within its boundaries , including an increase of commercial , industrial, and other business activity; such enhanced economic development will aid in improving the quality of life for City residents by providing a more diversified economic base, employment opportunities, and greater prosperity; and WHEREAS, KCC and its subcontractor employ staff that possesses expertise in community economic development , and has resources, facilities, and services available to assist the City in enhancing its tourism and economic development; and WHEREAS, KCC has proposed to produce an international trade program that is scheduled for November, 1995 , and the benefits of this trade program to the City include, but are not limited to, the following : 1 . Potential for expansion of wholesale trade services ; 2 . Potential for increasing the competitiveness of existing local industries; 3 . Increased retail sales ; 4 . Opportunities for air freight to international destinations; 5 . Development of Kent as a destination point for other international conferences and trade events; 6 . Increasing opportunities for warehouse distribution throughout the country and world; 7 . Development of an entry point foreign trade zone within the Kent city limits; and WHEREAS, the City wishes to memorialize the terms of its program sponsorship with KCC, NOW THEREFORE, in consideration of the mutual promises contained herein, and the mutual benefits resulting from the performance of this Agreement , and for other good and valuable consideration including the payment to the KCC by the City the sum of $25 , 000, as set forth in paragraph 5 below, the parties agree as follows : 1 . The KCC shall plan, produce, and hold an international trade program to be known as the Asia Pacific Trade Exchange at a location within the greater Kent area on . or about November 1, 1995 as set forth in Exhibit A, attached hereto and incorporated by reference. Additionally, KCC will continue the process to establish a foreign trade zone, to develop a resource guide, develop, promote, and maintain sister city relationships and promote the greater Kent area as a destination point for distribution and warehousing services . 2 . The City shall be entitled to and shall receive all benefits given to other sponsors of the international trade program including, but not limited to : a. The Mayor of Kent, or his designated representative shall be a voting member of the Advisory Committee . b. The name "City of Kent" , and/or a logo approved in advance by the City shall appear on any signage and advertising literature used to promote the international program. The City shall be given the opportunity to review and approve all such signs and and advertising prior to publication, distribution, or dissemination. C . The City of Kent shall be given the option to host special events for program participants and inter- national delegations, including tours of the City and businesses throughout the region. d. The City of Kent will be given the opportunity to introduce program participants and international delegations to City Council Members and city staff . e . The City of Kent shall be given the option for City Council Members and city staff to participate in all special events scheduled in conjunction with the international program, including participation in the actual Asia Pacific Trade Exchange . f . The Mayor of Kent, or his designated representative shall be involved in, or consulted about each phase of the planning, production, promotion, and actual event activities of the international program. g. The Mayor of Kent , or his designated representative shall be given the option to participate in all recruiting activities undertaken to bring partici- pants from throughout the Pacific Rim to Kent for the Asia Pacific Trade Exchange . 3 . The City of Kent Economic Development Corporation shall be entitled to appoint a voting member to the Advisory Committee . 4 . The KCC shall submit to the City a written report within two months after the conclusion of the Asia Pacific Trade Exchange on the impacts of the international program on the promotion of economic development in Kent, with a detailed description of the following items related to the trade exchange : a. Identify all foreign delegations attending the trade exchange; b. Identify all domestic participants attending the trade .exchange; C . Identify and describe all sales leads made during. the trade exchange; d. Identify and describe economic development impact on Kent in terms of high value markets represented at the trade exchange; e . Identify and describe the potential increase, if any of industry development in Kent as a result of the trade exchange; f . Identify the number of lodging rooms utilized in Kent, and the greater Kent area during the trade exchange; g. Identify the potential impact of freight transporta- tion to and through Kent as a result of the trade exchange; h. Describe the progress of the effort to establish a foreign trade zone in Kent . 5 . The payment of funds to KCC as established in this Agreement shall be made pursuant to the work schedule set forth in Exhibit B attached hereto and incorporated by reference as follows : a . Upon completion of this agreement (on/or about January 3 , 1995) , $15 , 000 for completion of Phase I as outlined in Exhibit B . b. Upon completion of Phase II as described in Exhibit B (on/or about June 30 , 1995) , $8 , 000 . C . Upon completion of Phase III as set forth in Exhibit B (on/or about December 29 , 1995) , $2, 000 . Payment of funds herein is subject to satisfactory docu- mentation of the completion of the work schedules set forth in Exhibit B corresponding to the payments to be made by the City. Additionally, payment of funds by the City is subject to the receipt of matching funds for distribution to KCC. No payment of any additional funds beyond the $25, 000 is contemplated, and no additional . payment will be made unless prior written approval has been obtained by KCC from the Mayor. Disbursement of funds will be made on a timely basis to all parties to assure the progress of the program. 6 . The records and documents with respect to all matters covered by this Agreement are subject at all reasonable times to inspection, review, and audits by the City and/or federal/state officials, including, but not limited to the City of Kent and the Washington State Auditor. 7 . During the term of this Agreement , the KCC shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, age, or handicap in employment, or application for employment or in the administration or delivery of services or other benefits under this agreement . 8 . The KCC shall defend, indemnify, and hold harmless the City, and its officers, employees, and agents from any and all liability, injury or damage arising out of, or in any way related to its performance of this Agreement . 9 . The KCC shall not assign any of its duties under this Agreement without the prior written consent of the City, except as set forth under its current contract with Tradec . 10 . This Agreement may be amended by written consent of both parties hereto. 11 . The jurisdiction and venue under this Agreement shall be King County, Washington. 12 . This agreement is executed in duplicate originals . CITY OF KENT KENT CHAMBER 'OF COMMERCE By: By: Date : Date : ATTEST: BRENDA JACOBER, CITY CLERK WITNESS _ r r " sxc Is iw NO - ASIA—JL, ACIFIC TRADE - c V p pla ± t PROGRAM 1994 Evaluation Report I I13November 1994 / 1 • amAdfninistmtor. Kent Chamber of Commerce 524 West Meeker Street Kent, ► 98035 Program Coordinator- DEC, Inc. iy 600 v- 80 / • 98101 • J � r ,!! 1 t [.. t ASIA-PACIFIC TRADE PROGRAM Evaluation Report November, 1994 INTRODUCTION: LINKAGES TO TRADE The 1994 Asia-Pacific Trade Exchange, October 3 and 4, resulted in successfully forming new trade partnerships with Asia-Pacific nations and new economic development strategies for South King County and Washington State. Beyond helping the region become known as the destination for warehousing/distribution services through the state and among our Asian trading partners, the program has contributed to the retention and creation of small business opportunities. For the first time, businesses can market themselves and implement new strategies in a comprehensive, long-term manner which will continue to benefit them in future years. Washington State, the Federal Government, and most importantly, the City of Kent, have joined the program in an effort to include international trade as a major component in economic development. With the partnerships the program has formed, it is destined to be one of the major events this state has to offer. This report is designed to evaluate the results of the 1994 Asia Pacific Trade Exchange and other components of the International Trade Program. After the program's second year, its success shall direct the course of action for future years and define the components which are most beneficial to the community. The Kent Chamber of Commerce, as administrator of the program., would like to thank all of the supporters and sponsors who made this event possible. I. PROGRAM ORIGItiS In 1993, the Kent Chamber of Commerce, in conjunction with the City of Kent, launched the first annual Asia-Pacific Trade Exchange. The goal was to create an event conducive to increasing the import and export potential - of small and medium sized businesses in the Kent Valley. The Trade Exchange succeeded in the formation of 38 new business relationships and S2.5 million in immediate sales/distributor contracts with more that were realized throughout the year. Another significant event in 1993 was the APEC-Customs Trade Symposium held in Seattle in November, which took place again in Indonesia in 1994. As the trade component to the Asia Pacific Economic Cooperation (APEC) Summit, the Symposium is a yearly event held in conjunction with each ministerial Summit around the world.. The Asia- Pacific Trade Exchange was featured at the 1993 APEC-Customs Trade Symposium and has since taken on the role of continuing the legacy of commercial cooperation between Washington State and the Asia Pacific regions. In this capacity, U.S. Customs and U.S. Department of Commerce have dedicated their resources to the success of the program. More importantly, the Exchange has become a statewide event that will continue to be administered locally from the Kent Chamber of Commerce. The 1994 Asia-Pacific Trade Exchange continued to expand and resulted in Maher sales for participating companies. Initial figures show that twice the number of exhibitors, three times the number of international participants, and $10 million more in immediate sales figures reported. More than 60 companies from Washington State were featured and formed more than 35 new distributor and sales relationships Asia Pacific countries. With more than 200 international delegates in attendance, it was the largest international gathering to occur in the Puget Sound area, with the main objective to form new business partnerships. The 1995 Trade Exchange will feature additional countries, a larger venue, and an increased number of exhibitors. Other components of the overall Asia-Pacific Trade Program have also been evaluated and they include: Foreign Trade Zone feasibility; Sister City Program; and the educational program. In planning for the 1995 Asia Pacific Trade Exchange, the successes and constructive evaluations will be incorporated into a much larger, more successful event. Contained in this report is the following information: I. Program Origin H. Goals of 1994 Asia-Pacific Trade Program III. Successes of 1994 program IV. Exhibitor evaluation results V. Recommendations for future programming H. GOALS As in 1993, the primary goal this year was to fully implement a program which is widely supported locally by the Kent Valley community and at the state and federal levels. Therefore, the objectives of 1993 were retained: Asia-Pacific Trade Exchange • Promote Washington State as a premier destination for shipping and distribution services • Create a venue for shipping and distribution companies to build international trade relationships • Increase the level of participation on the international level • Increase the level of participation on the local and statewide level • Create partnerships with the surrounding communities • Create partnerships with the private sector leaders in trade • Engage the support of the local, state and federal governments • Create opportunities for the Kent Chamber of Commerce to serve the needs of its members Foreign Trade Zone • Work with the Port of Seattle to distribute a survey to local businesses for the establishment of a foreign trade zone in the Valley • Work with the Port of Seattle to meet with individual companies for the establishment of a zone • Educate companies on the value of foreign trade zone operations Sister City Program • Work with the City of Kent in enhancing and establishing new Sister City relationships Education Program • Work with Green River Community College in designing seminars and activities preparing companies for the realities of doing business overseas III. SUCCESSES OF 1994 PROGRAM Asia Pacific Trade Exchange The major component of the International Trade Program is the Asia-Pacific Trade Exchange. This annual event created a commercial legacy to the APEC Summit which occurred in Seattle November, 1993. At the Ministerial Summit, the opportunities for international trade cooperation between the U.S. and Asia Pacific countries, were presented and widely supported by Washington State business and government leaders. Hence, the Asia-Pacific Trade Exchange expanded its focus to build on the successes of APEC and made these opportunities available on the commercial level. The following highlights illustrated this achievement: International and Domestic Participation More than 200 representatives of international business and government organizations participated in the 1994 Trade Exchange from China, Taiwan, Singapore, and Vietnam. More than 60 domestic companies participated as exhibitors, and the Leadership Symposium on October 3 attracted an additional 200 business and government leaders statewide. Exhibitors and their international counterparts met with each other one- on-one and the meeting results are as followed based on a 25% return ratio of written surveys: • At least three immediate contracts were signed • $11,150,000 in immediate sales agreements were reached • Thirty-one pending agent distributor relationships worth approximately $5.5 million were made Leadership Symposium More than 450 people attended the Asia-Pacific Trade Exchange Leadership Symposium on October 3. The event's success was based on its ability to attract high-level participation from public and private sectors including: • Governor Mike Lowry, State of Washington • Mike Fitzgerald, Director, Washington State Department of Community, Trade and Economic Development • Jim White, Mayor, City of Kent • Sun Zhenyu, Vice Minister, Ministry of Foreign and Economic Relations, China • Zhong Hong Biao, Vice President, China Aeronautics Industry • Ko-Hsi Fang, Chairman, Kaohsiung Importers and Exporters Association, Taiwan • Deborah Bevier, Chief Executive Officer, Kev Bank of Washington • Russ Hinkley, Regional Vice President, Northwest Airlines • Starr Tavenner, China Program Manager, The Boeing Company • Elmira Forner, Representative, Washington State Legislature • Ravmond Waldmann, Corporate Director, Federal Affairs, The Boeing Company Impact on the Community The Asia-Pacific Trade Exchange succeeded not only in creating business opportunities for local companies, but was also instrumental in bringing together various stakeholders of the community, both on a public and private sector level. The following Funding Partners and Sponsors made a commitment to the event based on its ability to assist small and medium sized companies in increasing their export/import volumes with Asia Pacific countries and for the benefits it brought to the community for promotion and economic development: Funding Partners: City of Kent The Boeing Company Key Bank of Washington Northwest Airlines Port of Seattle Sponsors: Auburn Chamber of Commerce King County Sea-first Bank Asia-Pacific Chamber of Commerce Documents International Fritz Companies Hillis, Clark, Martin and Peterson U.S. Customs Service U.S. Department of Commerce The Kent Chamber of Commerce, as a result of the program, has succeeded in achieving the following objectives: • Formation of a partnership with the Auburn Chamber of Commerce • Increase in membership • Commitments by Trade Development Alliance of Greater Seattle and World Trade Center-Tacoma, as well as other organizations, to support each other and coordinate efforts for international trade programming • Formation of a strategic partnership with the City of Kent • Full support by private companies involved in the Trade Exchange • Formation of partnerships overseas for the benefit of Kent Chamber of Commerce members Foreign Trade Zone The Kent Chamber of Commerce has continued to explore the feasibility of establishing a zone in the Kent Valley. Throughout the year, it became apparent that individual companies were able to establish a zone on their own property and the best way to utilize the Kent Chamber of Commerce was to provide the resources to these companies and make them aware of the advantages and methods of zone utilization. Therefore, on behalf of the program, the Kent Chamber of Commerce facilitated the following activities: • Executed a survey mailing to 200 companies evaluating their need for a zone • Held a meeting for companies interested in the formation of a foreign trade zone, at which a representative from the Port of Seattle was the facilitator Sister City The City of Kent, dedicated to the cultural, business, and educational values derived from international government-to-government partnerships, completed the signing of a Sister City agreement with a city in China. This relationship began in 1993 at the first Asia-Pacific Trade Exchange and culminated in a signing ceremony between Mayor Jim White and the Mayor of Yangzhou, China. Since then, the City has continued the relationship for the benefit of both regions. The following activities have occurred in conjunction with the program in 1994: • Signing of a Sister City agreement between the City of Kent and the City of Yangzhou, China • Coordination of one return trip by government officials of Yangzhou • Coordination of a second return trip during the Trade Exchange Education In order to inform businesses of the resources available to them and methods to insure a successful business transaction, the program added an education component to achieve these objectives. The Kent Chamber has partnered with Green River Community College-Education Training Center to facilitate seminars open to the public. • Assisted Green River Community College with the marketing and execution of 6 seminars focuses on specific regions of the world. These seminars provided experience and technical resources necessary for companies who wish to do business overseas. W. EXHIBITOR EVALUATION RESULTS Goals of exhibitors The goals of the exhibitors were evaluated and most exhibitors had similar goals to be achieved. Based on survey results, exhibitors achieved these objectives during the Trade Exchange and most exhibitors exceeded their expectations: • Increase exposure • Target prospects • Develop long-term relationships • Immediate revenue • Introduce products into Asia • Promote friendship in business • Increase export volume Most beneficial Aspects of the Trade Exchange The common responses for the most beneficial aspects are as follows: • Matchmaking meetings • Interpreters • Well-organized • Professional • Good price for value received • Good exhibit space Considerations for 1995 Companies were also asked to provide feedback for planning for next year. The results are as follows: • More domestic companies outside of Washington • Categorize companies based on business type . • More focus on meetings and increase time for each meeting • Reduce Symposium time or format differently Evaluation Form Company Reports American Building Supply Agent/Distributor Relationships 2 Sales Pending $100-500K American Cultural Exchange Sales Made $50K Sales Pending $50K Architectural Resources Agent/Distributor Relationships 7-8 Sales Pending $100-500K Associates International Agent/Distributor Relationships '6-7 Joint Venture/License 6-7 Sales Pending $lM or more Duren Controls Sales Pending $50-100K Expeditors International Sales Pending $500KAM Food Plant Engineering, Inc. Sales Pending $50-100K Fritz Companies Agent/Distributor Relationships 2 Sales Made $50K Sales Pending $50K Golden Bridge International Agent/Distributor Relationships 6 Sales Pending $100-500K K Line Sales Made $50K Phoenix Global Agent/Distributor Relationships 7 Joint Venture/License 3 Sales Made $4M + Sales Pending $4M Pinon International Aeent/Distributor Relationships 7 Joint Venture/License 3 Sales Made $5M + Sales Pending S4M Turn-Key Exporters - Agent/Distributor Relationships 4 Joint Venture/License 2 Sales Pending S50-100K Statistical Summary Number of Companies Exhibiting 68 Number of Companies Completing Evaluation 20 Percent of Exhibitors Completing Evaluation 295-, Of those completing the Evaluation: Percent expecting immediate sales 35cl-c Percent planning follow-up contact 871,7c Exporters 56 io Importers and Exporters 44% Self-Stated Goals by Type Relationship Building 50% Increase Exposure 24% Information Gathering 12% Sales 12%O L.eaming/self-education 3% Success at Reaching Goals High Medium Low/No No Answer Relationship Building 53% 35% 12% Increase Exposure 50% 50% Information Gathering 100% Sales 50% 50% Learning/self-education 100% Relative Importance of Specific Results for Judging the Trade Exchange a Success (rated on a scale of 1-5 with 5 being highest) Immediate Sales 2.3 Potential Sales 3.2 New Leads 3.3 Additional Domestic Exposure 2.8 Additional International Exposure 3.6 Distribution Relationships 2.6 Participation in 1995 Importance of Success of 1994 Exchange on decision to participate in 1994 Very Important 44% Somewhat Important 6% Important 25% Somewhat Unimportant 19% Unimportant 6% When firms will decide to participate assuming an October Trade Exchange June 40% July 10% AuLrust 30% September 20% V. RECOMMENDATIONS FOR FUTURE PROGRAMMING Asia Pacific Trade Exchange • Larger facility • Increase level of sponsorship funds raised • Recruit representatives from additional countries • Incorporate break-out sessions in place of the Symposium • Define industry groupings for organization of individual meetings • Further define individual meeting process • Increase international fee to include exhibit space • Design an area for international exhibits • Focus more on the distribution sector • Dedicate a warehouse, with the assistance of a freight forwarder, to create a permanent display for international products *' Change the date of the event to November • Continue to work with the Port of Seattle to promote the region as a Gateway for trade with the Pacific Rim Foreign Trade Zone • Provide informational support to those companies interested • Identify a segment of the city to locate the zone Sister City • Continue to support the City of Kent • Create a process for the coordination of inbound missions by Sister City organizations • Separate the Sister City activities and budget requirements from the overall Trade Exchange budget and goals Education • Continue to work with the community college in defining the education program • Work with other educational institutions in addition to Green River Community College 1995 ASIA-PACIFIC TRADE PROGRAM City of gent Timeline Phase I: November, 1994 - December, 1995 $15,000 due January 3, 1995 $12onsorshiD • Renew all 1994 Funding Partners,plus one additional Funding Patmer • Secure cash and in-kind public and private sector sponsorships • Grantwriting to the Department of Commerce • Secure ocher Chamber commitments Promouort_Otare=ch and Material Develop�n; -Draft fact sbeet Exhibitor ReMd •Identify prospect exhibitors •Updam database • Identify priority markets ,Foreign Trades -Pursue foreign trade zone site location Logistics • Secure daces, sites,countries Phase II: January, 1995 - June, 1995 $8,000 due June 30, 1995 Snorrsorship •Provide follow up to sponsorship committee recruitment calls • Secure one additional Funding Partner • Collect cash from sponsorship Promotion Outreach and Material Develo= •Write,design and produce marketing/registration brochure and advance promotional materials •Develop a press list • Send three press releases •Identify a public relations representative from Funding Farmers or Chamber volun nms •Organize industry sector meetings with the Freight Forwarders Association,Shippers, and the Trade Development Alliance of Greater Searle Exhibitor Recruitment •Follow up calls and presentations to prospect exhibitors • Coordinate recruitment symposiums with Key Bank • Con-espond with all confirmed exhibitors for logistical suppm LE_ O : 1L'FM TFFCE= J •Develop criteria for the selection of participants based on preliminary in=-M of exiribitors and marisct research -Coordinate and execute up to three international recruitment missions - Identify travel agent through bidding process • Coordinate travel arrangemc:tts and in-cmmay assistance Cr _r .,.wmia n an • Organize two Steering Comtmttee meetings with sponsors, exhibitors, and supporting organizations Frir= aan7 QUQQ= Hare on behalf of the -Define deliverables with GRVCC,who will execute se***+ PrO€�� -Establish guidelines for Green River Valley Community College seminar planning Foreign Trade 7n _catblisfvnertt • Coordinate meetings with foreign trade zone task force chair • Coordinate one preliminary informational ir=ting at the Pon of Seattle •Provide resource assistance to companies writing a developtnent plan ,meter CirYQrganizg^ Develoa=nr and Recruirasertt • Meet with up to two potential and existing sister eery government representatives on recruitment j missions • Coordinate with Sister City Task Force Chair for on-going development of relationships i i Phase III: July, 1995 - October, 1995 $2,000 due October 15, 1"5 I Imnlemenrarzoa�fTrade Ehanee •Produce:international and domestic packets -Produce final event program •Final workplan F v Reporr • Compile and analyze exhibitor and buyer evaluation forms •Complete a follow-up report on the value of the Trade Exchange and recommendations for subsequent years if applicable i I ;4f Kent City Council Meeting Date February 7 , 1995 Category Consent Calendar 1. SUBJECT: SALARIED JUDGE POSITION 2. SUMMARY STATEMENT: the creation of the position of Municipal Court Judge as a salaried position in Department Head Salary Range 2; that the judge's position be budgeted and paid at the rate of 85% of full time; and that the budget be amended to reflect the creation of the position of Municipal Court Judge as a salaried position and the necessary funds to pay for the position be transferred to salaries and benefits from professional services, 6s meow Winded 3 . EXHIBITS: Memorandum to City of Kent Operations Committee 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $7, 850 per month SOURCE OF FUNDS: Transfer of funds from Professional Services line item 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3D MEMORANDUM TO: OPERATIONS COMMITTEE FROM: BRENT MCFALL SUBJECT: SALARIED JUDGES POSITION DATE: JANUARY 19, 1995 At the time of creation of the City's municipal court, the judge's position was contracted on an hourly basis at the rate of$55.00 per hour. The judge acted as an independent contractor, and covered the costs of any payroll taxes, social security, etc. himself from his hourly fees. However, the case load of the court has now grown to the point where the independent contractor status of the judge is not as cost effective as if he were an employee of the city. For example, in the final quarter of 1994, we averaged judicial and magistrate time of 154 hours per month. at a cost of approximately $8,470. By converting to a salaried position at 85% time in Dept. Head salary range 2, the monthly cost including benefits for judicial and magistrate services will be approximately $7,850, a monthly savings of$620. The 85% level is consistent with the current work load, and maintains the position at 34 hours weekly which is below the 35 hours weekly that triggers the election requirement for the judge's position under state law. Both Judge McSeveny and I recommend conversion of the judges position to a salaried position in Department Head salary range 2 to be compensated at 85% time. RECOMMENDATION: The Operations Committee recommend to Council creation of the position of Municipal Court Judge as a salaried position in Department Head Salary Range 2; that the judge's position be budgeted and paid at the rate of 85% of full time; and that the budget be amended to reflect the creation of the position of Municipal Court Judge as a salaried position and the necessary funds to pay for the position be transferred to salaries and benefits from professional services. ;�J,41 Kent City Council Meeting Date February 7 , 1995 Category Consent Calendar 1. SUBJECT: INSPECTION AGREEMENT WITH KING COUNTY 2 . SUMMARY STATEMENT: Authorization qthWvZe* for the Mayor to sign the Interlocal Agreement with King County, which covers the inspecting of all occupancies in Fire District 37, with the exception of single family residences and miscellaneous struc- tures. This agreement is in a series of continuing agreements that have been signed for the last several years. This agree- ment provides a tool used by the Fire Department to alleviate serious fire hazards in the District's commercial buildings. It is for the first inspection and one re-inspection only. Any follow up work after the first re-inspection is the responsi- bility of the King County Fire Marshal. 3 . EXHIBITS: Interlocal Agreement 4. RECOMMENDED BY: Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALJPERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT WHEREAS, •RCW 19 . 27 . 030 provides that on and after January 11 1975, there shall be in effect in all cities, towns, and counties of the state a state building code; and WHEREAS, RCW 19 .27 . 030 (3) provides that a portion of the aforementioned code shall consist of the Uniform Fire Code and the Uniform Fire Code Standards, published by the International Conference of Building Officials and the Western Fire Chiefs Association; and WHEREAS, RCW 19 . 27 . 040 authorizes counties to amend any component of the state building code as it applies within its jurisdiction in all such respects as shall not be less than the minimum performance standards and objectives enumerated in RCW 19 . 27 . 020; and WHEREAS, KCC 17 . 04 . 020 provides that the terms "fire chief" and "fire department" as used in the Uniform Fire Code shall men fire marshal and fire marshal ' s office of King County, respectively; and WHEREAS, Section 2 . 103 (a) of the King County Modifications to the Uniform Fire Code, as adopted by K.C. Ordinance 8184 provides the King County Fire Marshal ' s Office shall have responsibility for inspections and the enforcement of the fire prevention provisions of the code; and WHEREAS, Section 2 . 103 (c) of the King County Modifications to the Uniform Fire Code, as adopted by K.C. Ordinance 8184 provides the King County Fire Marshal ' s may, by written contract, delegate to the chiefs of the fire districts and fire departments authority for inspections and/or the enforcement of the fire prevention provisions of the code within their respective jurisdictions. WHEREAS, the King County Council approved this agreement per Ordinance WHEREAS, the City of Kent, hereafter "The City" desires to provide by agreement for effective inspection pursuant to the Uniform Fire Code within the jurisdictional boundaries of King County Fire District #37 and effective administration and inspection of the Hazardous Materials Inspections/Permit program: IT IS THEREFORE AGREED AS FOLLOWS: 1. OBLIGATIONS: In consideration of the promises of the City, King County agrees to continue to assume the enforcement powers for the Uniform Fire Code: as provided for by King County Title 23 , to be responsible for the issuance of all required permits or certificates, to collect all required permit fees, to transmit and disburse to the City of Kent monetary sum as defined below in Paragraph 9 ; and to pay for additional insurance premium charges to the City of Kent that are incurred as a result of the City's participation in the activities described in this contract, as provided herein. B. In consideration of the promises of King County herein before set forth, the City agrees to perform inspections in accordance with the terms and provisions of the Uniform Fire Code of King County, and the guidelines established by the King County Fire Marshal. The City agrees to inspect occupancies, as defined in Table 5A of the Uniform Building Code, other than single-family dwellings and those occupancies classified a "M" on an annual basis. The City further agrees to make one reinspection when required. Additional reinspections or other actions required for code compliance may become the responsibility of the King County Fire Marshal ' s Office. The City further agrees to inspect occupancies within its jurisdiction for conditions requiring permits under the Uniform Fire Code. Such inspections shall take place as part of the routine annual maintenance inspection. When a condition requiring permit is identified, the City shall provide the occupant with a permit application, verify code provisions for the permitted use or material being met, initiate corrective action when needed, and notify the Fire Marshal's office of any expired or missing permits. If for any reason the City cannot meet the above objective, the City will seek additional assistance from the King County Fire Marshal' s Office. The promise of the City to inspect occupancies is not intended for the benefit of any third party solely to provide assistance to the King County Fire Marshal ' s Office. 2 . TIME OF PERFORMANCE; This agreement shall be effective on the 1st day of January, 1995, and terminate .on the 31st day of December, 1995 . 3 . AUDITS AND INSPECTION: All records and documents with respect to this Agreement shall be subject to mutual inspection and review by both parties during the performance of this Agreement and seven (7) years after termination. 4 . NONDISCRIMINATION: During the performance of this Contract, neither the City nor any party subcontracting under the authority of this Contract 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 services or any other benefits under this contract. The City shall be in compliance with all applicable requirements of Section 504 of the Rehabilitation Act of 1973 as amended and the Americans with Disabilities Act of 1990. 5 . MODIFICATION: This Agreement is the complete expression of terms agreed upon and any oral representation or understanding not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing, signed by both parties, and made a part of this agreement. 6. TERMINATION: This agreement shall be terminated only upon thirty (30) days written notice received by on signatory, given by the other. Failure to comply with any of the provisions stated herein shall constitute material breach and be cause for immediate termination. Any termination of this Agreement shall not terminate those obligations of either party matured prior to such termination. 7 . EMPLOYEE COMPENSATION AND CONTROL: King County shall be responsible for the payment of all salaries, wages, other benefits, and compensation to all county employees performing services under this Agreement. Further, King County shall be solely responsible for control of personnel, standards of performance, discipline, and all other aspects of performance of all county employees performing services under this Agreement. The City shall be responsible for the payment of all salaries, wages, other benefits, and compensation to all City employees performing services under this Agreement. Further, the City shall be solely responsible for control of personnel, standards of performance, discipline and all other aspects of performance. of all district employees performing services under this Agreement. 8 . LIABILITY: The City agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this contract by its employees only and to save and hold King County and King County employees and officials harmless from all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any acts or omissions of City employees relating to the performance of this contract. The City also agrees to carry at all times during the effective period of this contract liability insurance coverage in the amount of $2 , 000, 000. 00 covering the county for all activities of the Citys ' employees related to the performance of this contract. King County agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this contract by its employees only and shall save and hold the City and City employees and officials harmless from all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any acts or omissions of King County employees relating to the performance of this contract. 9 . PAYMENT: King County agrees to pay the City an amount equal to the amount required to pay for any additional insurance premium attributable to the City's performance of obligations under this contract, not to exceed $1150 . 00 during the terms of this agreement. The payment shall coincide with the City' s normal insurance billing date of July 1. King County further agrees to pay the City a sum for all permits issued to occupants within the District's jurisdictional boundaries as calculated under the following formula: x = y x . 5 This formula is meant to represent fifty percent of all permit fee revenues of the Hazardous Materials/Public Assembly Inspection Program funds. In the event of early termination of the contract, the -- City shall pay to King County an amount equal to any funds returned to the City by the insurance company as a result of such termination of contract. 10 . ORDINANCES: King County agrees that it shall notify the City prior to the adoption of any ordinance that affects or requires inspections to be made under the Uniform Fire Code or in any way affects the duties of the City under the terms of this contract. 11. FORMS: In the event the county shall specify or require any forms or written reports which are required to be used under the terms of this Agreement, King County agrees to provide such forms to the City at the expense of the county. 12 . RECORDS: All records compiled by the City under the provisions of this Agreement shall constitute records of the City but shall be available for inspection by appropriate county officials. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed. COUNTY COUNCIL CITY OF KENT ------------------------ ---------------------------- Signature Signature (Mayor) ------------------------ ---------------------------- Name Name ------------------------ ---------------------------- County Executive Commissioner ---------------------------- ------------------------ Dated Commissioner Approved as to form ---------------------- Commissioner ---------------------------- ------------------------ Deputy Prosecuting Attorney Dated 10/18/94 contract/gj �Iw Kent City Council Meeting Date February 7 , 1995 Category Consent Calendar 1. SUBJECT: CITY COUNCIL EXCUSED ABSENCE �,,� qa� o 2 . SUMMARY STATEMENT: �� rGCouncil President Judy Woods' request�aan excused absence from the February 7, 1995 City Council meeting, °°° ,She will be unable to attend. 3 . EXHIBITS: Memorandum from Council President Woods 4. RECOMMENDED BY: Council President Woods (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 MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS FROM: JUDY WOODS, COUNCIL PRESIDENT � DATE: FEBRUARY 3, 1995 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the February 7, 1995 City Council meeting. I will be unable to attend. Thank you for your consideration. JW:jb 1141? Kent City Council Meeting Date February 7 , 1995 Category Consent Calendar 1. SUBJECT: WEST TITUS STREET VACATION - SET HEARING DATE 2 . SUMMARY STATEMENT: Adoption of Resolution No. tq;,_( setting March 7, 1995, as the date for a public hearing on the West Titus Street Vacation. The Public Works Department has received a request for street vacation for a portion of Titus St. , from Webster Court Apartments & Titus Court Apartments. It has been recommended by the Public Works Committee that a hearing date be set for March 7th for the Titus St. Street Vacation. 3 . EXHIBITS: Public Works Minutes, Public Works Director Memorandum and vicinity map 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. 3G DEPARTMENT OF PUBLIC WORKS January 23, 1995 TO: Public Works Committee FROM: Don Wickstrom Vj RE: West Titus St. - Street Vacation We have received a petition for street vacation for a portion of Titus Street, from Webster Court Apartments Limited Partnership and Titus Court Apartments Limited Partnership. As such Council must pass a resolution fixing the time when the petition shall be heard and determined by them. Said time can be no longer than 60 days nor less than 20 days after the date of passage of the resolution. ACTION: Recommend adoption of resolution to set the hearing date for Titus St., Street Vacation. V.v in � z y ;z Z Z H t ` M < 13 _ ES z R 2 4 4 1 ■ t ' I;�Jltl ,r ``� JR H. 24 N ` ` KENT t'1 .�� 1 t ► t.11 --� � .� w SCHOOL cOMNIONSh < IAth' lc ST < PI EER S. O M ILLA ddCC W lFvtl s tr ILWA 'F:t:k. + .......... -� ST J 1'LAYF'11:1.11 r lT STD �4 W SMITH ST 4 �KE 3NIITH = ME Z .`� Z a I z at WARD ISO W HARRISON ST N W LIBRAR ST W HA ST Z z < M KEe ST z ti W ' MEEKER 4 2 ST „i W W E < ST �•�2 4 W Power W < GONE St h < ub Sta > ILLIS z z W KENT aT'f HALL � o I 516 STREET > ELEM o ' It4TCHG * POLICE _ .-a TIru STD 181 Z a �r > _ 'r SAAR < ST n < PROJECT LOCATION1y1t�4 y SS►R A WAY 0 4 WILUs ST W ' Z 516 ` of W RO ST • 1 RU t 1'.\1t K = Fire y < < : :• �� _ Station Q M CGQ < y y + � M M W I > < 24 '1 24 W 251 25 c M U I a S 250'" * WEST TITUS ST - STREET VACATION automatically go into affect January 1 st. That would enable us to award this one mega project, out of one contract. He said that otherwise we would need to break it up into a $3 Million contract; and a $9 Million contract because the way the project all fits together, it doesn't break that simply. He explained that the big bulk of the work is excavating. It doesn't lend itself to separate out $3 Million worth of the work and have a separate contract in 1996. Clark said that in essence we are asking to fund two projects in one. Wickstrom said that approving a rate in '95 and approving a '96 rate will allow us to award the Lagoon project as one big project. Wickstrom stated that if we don't have that second year rate increase, we can't guarantee that we would have any money; the plans and specs would have to be cut back in such a manner to get one contract under $8 Million and than another worth $3 - $4 Million the following year, which would be much more difficult to get good bids. Wickstrom explained that the ULID related to a specific basin; the balance was to be financed by the balance of the same basin. We merely separated out a little portion of this bigger basin to finance its share by the ULID vs. a rate increase. In response to Bennett, Wickstrom said that everybody in Mill Creek basin is paying for this particular project because it is benefitted and impacted by everybody within that basin. Bennett opened discussion on the manner in which the "Action" requested on this item was worded and took exception with a portion of it. He said he would not vote at this time, to accept rates.until he hears from the people that are affected by these rates. Clark stated that this was the purpose of the hearing. Committee voted 2-1, to authorize setting a Public Hearing before the full Council on the Drainage Utility Financial Plan & Revenue Program. Further, should no significant testimony be offered requiring modification thereto, Committee recommends adopting same including implementation of the first and second years' rates. West Titus Street - Street Vacation Wickstrom explained that this is a portion of Titus Street, west of 5th Avenue wherein we have received a petition for vacation and this is a request to set a public hearing date for that vacation request. Committee unanimously recommended setting a hearing date for the Titus St. street vacation. Charge in Lieu of Assessment - 116th Ave Watermain Wickstrom stated that this portion of 116th Ave is a part of the 277th Corridor; the developer will be regrading that area associated with the development of Kingstone Plat 3 RESOLUTION NO. 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 Russell Road 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 _day of , 1995. Concurred in by the Mayor of the City of Kent, this_day of , 1995. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the_day of 1995. (SEAL) STVACN#8.res BRENDA JACOBER, CITY CLERK 2 //,W Kent City Council Meeting Date February 7 , 1995 Category Consent Calendar 1. SUBJECT: DRAINAGE UTILITY RATES - SET HEARING DATE 2 . sumMARY ST EMENT: //As recommended by the Public Works Committee, uthoriza ion to set a Public -Hearing for February 21st on t Drainage Utility Financial Plan & Revenue Program. i' 3 . EXHIBITS: Public Works Minutes and Public Works Director Memorandum 4. RECOMMENDED BY: Public Works Committee (2-1) (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 DEPARTMENT OF PUBLIC WORKS " JANUARY 23, 1995 TO: Public Works Commi tee FROM: Don Wickstrom (a RE: Drainage Utility Rate Increase Attached is a Six Year Financial Plan & Revenue Program for the Drainage Utility. This Financial Plan & Revenue Program correlates to the drainage utility element of the Capital Facility Plan presented in the City's GMA Comprehensive Plan. For this six year period, the Capital Improvement Program, as reflected in the attached Table, is estimated to cost $25,455,000 and it is a follow-on of the last adopted programs wherein the 1992 rate increase was the first years' implementation thereof. It targets through 1997 the same three projects (Garrison Creek Flood and Erosion Control Facility, Valley Detention and Mill Creek Flood and Erosion Control) as a means of resolving major flooding problems. After '97 the emphasis shifts to water quality improvements. " As you are aware, the flooding conditions being addressed relates to the Mill Creek and garrison drainage basins. The enclosed photos are a reminder of the extent of said flooding. The focus of the '95 program is both completion of the Upper Garrison Creek Trunk and Detention system and the construction of the Valley Detention project. Due to the financial magnitude of the Valley Detention project, it is carried over into 1996 for which it is the sole focus of that year. The 1997 focus is on completing the reconstruction of the balance of the restrictive culverts along Mill Creek from the Senior Center northerly to 76th Avenue. With the completion of the above improvements the flooding denoted in the photos should be a thing of the past. To finance these improvements, yearly increases are required. The attached Table denotes what the proposed rates are. Because the rates vary from basin to basin, depending on the improvements required therein, for '95 the proposed rate increase ranges from $0.49 to $2.70 per month per equivalent service unit. (An equivalent service unit equates to a single family residence). For '96 the proposed rate increase ranges from $0.41 to $0.82 per month per equivalent service unit. The attached Table 1-1 denotes the net increase for various class of customers per the proposed '95 rate increase. Unlike previous years whereupon presenting the program we requested just implementing the first years' rate proposal, our request here is for the first and second year rates. We do so because of the Valley Detention project. As noted earlier, due to the magnitude of this project, it is proposed to be funded over a two year period. The project however, doesn't lend itself to be readily divided efficiently into segments that correlate to the available funding. As such, and in the hope of securing better bids, we're leaning towards one major contract with a restrictive work requirement aligning to our cash flow scenario. In anticipation of this in developing the Financial Plan & Revenue Program, we used an interest rate for the sale of the bonds of 8% except for the '96 issue wherein we used 9%. We took this conservative approach in the hopes that the proposed '96 rate, if approved here, would not have to change should the bond interest rate fluctuate significantly. In addition to the two year rate proposal, the total funding of the Valley Detention project has long been perceived to be via both a utility rate increase and a U.L.I.D. within the immediate area. We are now proposing to finance it all via a utility rate increase. We do so because it's more cost effective and it would also enable the project to be built in '95. All U.L.I.D.'s or L.I.D.'s have some fixed basic cost associated with the process. Due to the size of the proposed U.L.I.D., that cost totalled over several hundred thousands of dollars. Also, the time associated with the formation and finalizing of the U.L.I.D. with all the hearings, protests, and etc., is extremely lengthy; particularly so when dealing with 300 to 400 property owners. Because the success of the construction of the Valley Detention project is predicated upon the groundwater conditions, the construction work must start on or before May 1st. Formation of a U.L.I.D. would not lend itself to this schedule. Incorporating the U.L.I.D. funding into the utility rate does increase the rate within the Mill Creek basin. It adds about $1.47 per month per equivalent service unit thereto. Except for the basin which would have had the U.L.I.D., it adds $2.30 per month per equivalent service unit. This increase of $2.30 is slight considering the financial impacts the U.L.I.D. would have had. It is the Public Works Department's recommendation that the Committee set a Public Hearing date before the full Council on this Financial Plan & Revenue Program. Further that should no significant input be received at the Hearing requiring modification of the proposal, that the Committee recommends adopting same. ACTION: Authorize setting a Public Hearing before the full Council on the Drainage Utility Financial Plan & Revenue Program. Further, should no significant testimony be offered requiring modification thereto, Committee recommends adopting same including implementation of the first and second years' rates. UTRATES The resultant charges by basin which includes adjustments for LID and potential LID debt service are as follows: $/ESU/MONTH* Existing Basin Rate 1995 1996 1997 1998 1999 2000 Westside: Basin 0 1.75 2.24 2.66 2.76 2.89 3.03 3.10 Mill Creek (Auburn) , Johnson Creek, Midway Creek & Mullen Slough (K,L,M,D,E,F,P & N) 1.76 2.27 2.70 2.82 2.95 3.09 3.16 Eastside: Mill Creek Upper (G) 4.38 7.01 7.81 8.15 8.23 8.31 8.35 Lower (A) 4.51 7.17 7.99 8.49 8.89 9.36 9.39 ULID 306 (Q) 2.23 4.93 5.75 5.84 5.95 6.05 6.10 Garrison Creek Lower (B) 2.98 4.23 4.65 4.75 4.87 4.99 5.05 Upper (J&I) 2.84 4.07 4.48 4.56 4.69 4.80 4.87 Direct (C) 2.11 3.36 3.79 4.47 4.92 5.44 5.49 Soos Creek (H) 1.75 2.24 2.66 2.76 2.89 3.03 3.10 * Includes 3.8% City utility tax plus LID debt service. The net financial impact of the proposed rate increase is summarized in Table 1-1. -7- n f't O^ r t , rOo fD 6 d Pn? O �G co co O W O O O O O O fly lT m d V O co W �. V m W A a V 7 N O V W Ol O m 0 0 0 0 O O Ln Un fD r � J S V C z O C C� N fD V to w F+ V V O R1 v N N N m O� W (T H h+ W V A O (..1 M m o w v 00 o o v� cn m 0 0 0 0 z O O fD lD m W O N W N A m m IV ry N O tz m C. A O 1p F+ 0 0 0 0 0 0 lT lT 3 v � d V tT W �--' V h V w A w a m V tT W N A N CT Omi N Q N W A N V1 Ol O � n O O O O O O O O m O m N N [D C F d V Ln W V W N �•+ V V1 W N O fD (T A Un m V V V a cn O �•+ �D m 0 a, A Ln m V v WO O O O O O O O O O O O O m m d W N r V N m A IT [T Ol m {wn cn m m m �'' W - 0 0 V1 Vl O O N V O O N V 00 A a CL f~71 m V N V a W N L-T V ._. A O� tp Q� N W a0 W A A m i--� v N fD O O O O O O (T O_ W N r V N m A W N I--' "f O O N coV [T tT f-` W Ln Ln m m m !-' v 11 O O N V O N rt C� N V 1 O w co w rn a w r� �I m w W A m rn w w V m W a a F lD 0 0 0 0 O O Vt Cll Table 3-1 1995 - 2000 Capital Improvement Program Storm Capital Projects Description 1995 1996 1997 1998 1999 2000 Total Mill Creek (Auburn) & 100 120 120 340 Mullen Slough Flood Control Improvement Valley Detention 9,288 2,995 12,283 Mill Creek Flood & 1,500 1,500 Erosion Control Garrison Creek Flood 1,140 1,140 & Erosion Facilities Horseshoe Acre Storm 280 280 Pump Station Miscellaneous Drainage 150 378 393 409 425 442 2,197 Improvement Drainage Improvements in 265 865 500 418 507 2,555 ,oncert with Road Improvements 3rd Avenue Storm Trunk 280 280 Stream Restoration & 42 5 47 Streamside Tree Planting Storm Drainage Outfall 720 1,884 2,229 4,833 Treatment Facilities Total 11,265 4,363 3,013 2,793 3,072 949 25,455 -17- PUBLIC WORKS COMMITTEE JANUARY 23, 1995 PRESENT: Paul Mann Tom Brubaker Tim Clark May Miller Jim Bennett Robert Taylor, MCI Metro Don Wickstrom Brian Lauler, MCI Metro Gary Gill MCI Metro Franchise Agreement Brubaker stated that pursuant to the previous Committee, he had made some changes to the draft franchise ordinance. He said that there were two basic changes; the description of the facilities from the telecommunication system to a fibre optic cable together with necessary appurtenances - the idea being to clarify the purpose for which this system is being used at this time and more importantly, clarification that the system is going to be installed for the sole purpose of conducting a telephone business as defined by the applicable RCW. Any use outside that will require an addendum to this franchise or an entirely different franchise agreement. Brubaker further explained that the other major change is that this has been drafted as a 5 year franchise rather than a 10 year franchise although it is automatically renewable at the end of the 5 year period. This draft includes some restrictive language which requires MCI Metro to provide the City with written notice of the automatic renewal date 6 months prior to the renewal date. Brian Lauler noted they (MCI) preferred that the language"telecommunication" rather than "fibre optic cable" remain in the agreement because MCI cannot assure that 100% of the installation will be fibre optic. Committee concurred that "telecommunication" would remain in the agreement Committee unanimously recommended authorization to set February 7th as the first reading (review) of the MCI Metro Franchise Agreement followed by the second reading on February 21 st with the appropriate language as set forth. Drainage Utility Rates Wickstrom explained that we are proposing a 6 year Capital Improvement Program which totals $25,455,00 over that six year program. He stated that the first three years '95, '96 and '97 address our flooding concerns. Wickstrom said that previously we were looking at just financing the first year rate however we have a major project, which is the Valley 1 Detention, and that could take two years to fund because of its size. We are proposing to look at '95 and '96 rates - the '96 rates would not go into affect until January 1, 1996 but it would be part of our recommendation to include those two year rates increase. Wickstrom said that the '95 program is primarily concentrating on the Valley Detention project (a $9 Million project) and the flooding up on Garrison Creek. He said that we have constructed the trunk system up thru the Benson Shopping Center however, all that does is push the water down into the valley. He explained that a big part of resolving the flooding issue is constructing a detention system at the top of 98th Ave. Wickstrom further said that '96 is strictly financing the Lagoon project and '97 is to finish financing of reconstruction of the culverts along Mill Creek. With said reconstruction the flooding problems along Mill Creek from Bowen Scarff to the Senior Center would be resolved. To do so will require that we replace all the existing culverts that cross the various roads and some of the driveways. In order to do that, we will be spending about $800,000; in '97 we will have the balance of the money to complete it. Wickstrom said that by the end of'97 we should have all the flooding issues addressed that were originally brought forward. In '98 thru the year 2000, we will be primarily addressing water quality problems. Wickstrom stated that the '95 rate increase is a basin by basin rate; it varies with the basin. It has a basic charge that everyone pays and if a resident is in a basin that has alot of capital improvements than that basin specifically pays for those types of improvements. Wickstrom said that our proposed rate increase varies from a low of $0.49 per month/per single family residence to as high as $2.70 per month. The '96 rate will add another $0.41 per month to as high as $0.82 per month/per single family residence. Wickstrom referenced a Table which shows the net impact for various class of customers. Wickstrom explained that the other issue in this rate increase proposal is that instead of forming the ULID which we were originally looking at to help finance the Valley Detention project, we want to put those costs into the rate structure. He stated that the only reason we looked at a ULID in the past is because when we started the project, we didn't have a Drainage Utility. He said if we were to do a ULID, we would not be able to construct the project this year and in order to implement it we need to get the project under contract by May. We will be moving 600,000 yds of material and groundwater is a key factor. In order to move that amount of yardage in one year we have to begin now; we couldn't get a ULID formed with all the preliminary meetings, hearings and protests. Wickstrom said that in retrospect, we feel it is easier to implement; we just fold it into the rate; we can do the project this year and start to show some proof of the money that we will be spending. Wickstrom said that if the Committee concurs, we suggest that a public hearing be held and take testimony. In response to Clark's question on funding of the Lagoon project, Wickstrom stated that the rate increase for same is to be born by the customers within that basin. He said the primary reason we are asking for a two year rate increase; one now and one which would 2 automatically go into affect January 1st is, that would enable us to award the Lagoon project as one contract. He said that otherwise we would need to break it up into a $9 Million contract; and a $3 Million contract but because the way the project all fits together, it doesn't break up that simply. He explained that the big bulk of the work is excavating. It doesn't lend itself to separate out $3 Million worth of the work and have a separate contract in 1996. Clark said that in essence we are asking to fund two projects in one. Wickstrom said that approving a rate in '95 and approving a'96 rate will allow us to award the Lagoon project as one big project. Wickstrom stated that if we don't have approval of the second year rate increase, we can't guarantee that we would have the money; the plans and specs would then have to be cut back in such a manner to get one contract under$8 Million and than another worth $3 - $4 Million the following year, which would be much more difficult to get good bids. Wickstrom explained that the ULID related to a specific basin; the balance was to be financed by the remaining portion of that same basin. We merely separated out a little portion of this bigger basin to finance its share by the ULID vs. a rate increase. In response to Bennett, Wickstrom said that everybody in Mill Creek basin is paying for this particular project because it is benefitted and impacted by everybody within that basin. Bennett opened discussion on the manner in which the "Action" requested on this item was worded and took exception with a portion of it. He said he would not vote at this time, to accept rates until he hears from the people that are affected by these rates. Clark stated that this was the purpose of the hearing. Committee voted 2-1, to authorize setting a Public Hearing before the full Council on the Drainage Utility Financial Plan & Revenue Program. Further, should no significant testimony be offered requiring modification thereto, Committee recommends adopting same including implementation of the first and second years' rates. West Titus Street - Street Vacation Wickstrom explained that this is a portion of Titus Street, west of 5th Avenue wherein we have received a petition for vacation and this is a request to set a public hearing date for that vacation request. Committee unanimously recommended setting a hearing date for the Titus St. street vacation. Charge in Lieu of Assessment - 116th Ave Watermain Wickstrom stated that this portion of 116th Ave is a part of the 277th Corridor; the developer will be regrading that area associated with the development of Kingstone Plat 3 Kent City Council Meeting Date February 7. 1995 Category Consent Calendar 1. SUBJECT: CHARGE IN LIEU OF ASSESSMENT - 116TH AVENUE WATER MAIN '^` 2 . SUMMARY STATEMENT: In conjunction with the 272nd/277th Corridor project, a portion of 116th Ave. SE near SE 270th St. is to be lowered, exposing the watermain. As such, the City has relocated the watermain to accommodate the new road construction. A portion of the main was also relocated to a new alignment to accommodate the layout of the new plat of Kingstone. A Charge in Lieu of Assessment originally existed on the main and the Public Works Dept. requests that this Charge in Lieu of Assessment be relocated to the new fronting properties, as recommended by the Public Works Committee. 3 . EXHIBITS: Public Works Minutes, Public Works Director Memorandum and vicinity maps 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. 3I DEPARTMENT OF PUBLIC WORKS JANUARY 23, 1995 TO: Public Works Committee FROM: Don Wickstromu RE: Charge-in-Lieu of Assessment - 116th Avenue SE Watermain In conjunction with the 272nd/277th Street Corridor project, a portion of 116th Avenue SE near SE 270th Street is to be lowered, exposing the watermain. Therefore, the watermain has been relocated to accommodate the new road construction. A portion of the main was also relocated to a new alignment to accommodate the layout of the new plat of Kingstone. (Refer to attached map) The original main is encumbered with a Charge-in-lieu of Assessment. In order for the City to collect these charges for the realigned portion of the main, a new Charge-in- lieu-of Assessment on the now serviceable properties must be approved by Council and recorded. The original collectable amount was $13,223.05. The affected property includes 11 lots in the plat of Kingstone and a larger unplatted parcel with the potential of 6 new lots. For the 17 total lots, the cost is $777.83 per lot. For the unplatted area a potential six lot charge ($4,666.98), converts to $0.10269 per square foot. ACTION: Authorization to record the Charge-in-Lieu of Assessment and collect the specified fees at the time of permit application. 10 5� 3S 3A V HI 9ZI 3.9 3A d H16Z/ 3S O 3A V Od£Z! 3s 3S 3n V ONZZI 2 3n d 1 SIZ/ 3S ry 34 7'1 S!Zl A >>> h (Z 1 \ � 35 3A d v H10Z/ 35 3A 7 H10Z/ Q) O �` 3S S 3n V F� z h 7d H18/1 H18// h � . _ O z C1 n 353A V to W �• H H19/l 3S Sit V a � W � 3'S 3AV HI b/l \1 . z P N h W h y I r— —Lldl ; Z � •7d H1Lll W i �i N —YNM ..Zl 1113N y ------ =.` W M `JN/1 SIX — «--3'S 3A V H191/ O3SOdO y y W � I IfB-Lt-Bd 3S NOCU ; I O Q a Z 37VOS Ol ION \I � W � I Co rl� \ Lu Q1 2 o � � Lo \ \ \ t� J I ' ' Q \ Q v ~ W \ Q N co CAI) w � \ ow N ' Q ool \ \ I H10LZ 3S automatically go into affect January 1 st. That would enable us to award this one mega project, out of one contract. He said that otherwise we would need to break it up into a $3 Million contract; and a $9 Million contract because the way the project all fits together, it doesn't break that simply. He explained that the big bulk of the work is excavating. It doesn't lend itself to separate out $3 Million worth of the work and have a separate contract in 1996. Clark said that in essence we are asking to fund two projects in one. Wickstrom said that approving a rate in '95 and approving a'96 rate will allow us to award the Lagoon project as one big project. Wickstrom stated that if we don't have that second year rate increase, we can't guarantee that we would have any money; the plans and specs would have to be cut back in such a manner to get one contract under$8 Million and than another worth $3 - $4 Million the following year, which would be much more difficult to get good bids. Wickstrom explained that the ULID related to a specific basin; the balance was to be financed by the balance of the same basin. We merely separated out a little portion of this bigger basin to finance its share by the ULID vs. a rate increase. In response to Bennett, Wickstrom said that everybody in Mill Creek basin is paying for this particular project because it is benefitted and impacted by everybody within that basin. Bennett opened discussion on the manner in which the "Action" requested on this item was worded and took exception with a portion of it. He said he would not vote at this time, to accept rates until he hears from the people that are affected by these rates. Clark stated that this was the purpose of the hearing. Committee voted 2-1, to authorize setting a Public Hearing before the full Council on the Drainage Utility Financial Plan & Revenue Program. Further, should no significant testimony be offered requiring modification thereto, Committee recommends adopting same including implementation of the first and second years' rates. West Titus Street - Street Vacation Wickstrom explained that this is a portion of Titus Street, west of 5th Avenue wherein we have received a petition for vacation and this is a request to set a public hearing date for that vacation request. Committee unanimously recommended setting a hearing date for the Titus St. street vacation. Charge in Lieu of Assessment - 116th Ave Watermain Wickstrom stated that this portion of 116th Ave is a part of the 277th Corridor; the developer will be regrading that area associated with the development of Kingstone Plat 3 which will expose the existing 12 waterline. Wickstrom explained that we relocated the main to the west and put it along 117th PI and tied it back down into the watermain on the south end. He said that there was a Charge in Lieu of Assessment on the main to begin with and in its relocated area, we are requesting the relocation of that Charge in Lieu of Assessment to the new fronting properties. Wickstrom noted that these properties will only be paying the 1975 dollar amounts that we originally established. Committee unanimously recommended recording the Charge in Lieu of Assessment and collect the specified fees at the time of permit application. Frager Road Guardrail Installation Wickstrom explained that this is a guardrail for the balance of Frager Rd.; it is an ISTEA grant for$72,222 and we are asking that the Mayor be authorized to sign the agreement. Committee unanimously recommended authorization for the Mayor to sign the agreement and establish the budget for same. St Improvements/No Protest LID Covenants Wickstrom explained that this was an issue that came forward when we formed the Rust's LID about whether or not we should start requiring improvements up-front vs. grant LID covenants. Wickstrom referred to three Ordinances which allows us to require up front improvements and also Ordinance#2224 which allows us to require certain improvements with a building permit. That particular ordinance authorizes the use of No Protest LID covenants as a means to do so, particularly when the adjoining or abutting properties are substandard. He noted that this is the direction we have been following over the years and we have formed a lot of LTD's. Wickstrom referred to a list of LIDs in the Committee packets. The covenants also had a part to play in these and that totaled up to about $32 Million worth of improvements; the LID paid almost $25 Million. Wickstrom noted that he strongly felt that we wouldn't have these projects if we took a parcel by parcel approach. We would end up with a hodge podge of misaligned and mismatched pieces of improvements because these developments don't occur adjacent to each other; nor simultaneously. Over time, there are different engineers doing the design of a particular road section; the engineer's design needs to not only address the existing conditions but it also must meet an ultimate plan which in some cases, we don't know what that ultimate plan is for that particular road section. He also went on to say that different inspectors and different plan reviewers would be involved on the City's behalf; so when trying to combine all these together for a well finished product, it's difficult to do when talking about a parcel by parcel approach. 4 Kent City Council Meeting Date February 7 . 1995 Category Consent Calendar 1. SUBJECT: FRAGER ROAD GUARDRAIL --AGREIIKENT- - 2 . SUMMARY STATEMENT: Commjt-t a uthorization for the Mayor to sign the Local _Agency A reement for the Frager Road Guardrail Installation Grant funding from Is or t�iis prolect_.%_avai abler an establishment of the budget for same o­3 L Lk ram..k, c_c_ 3 . EXHIBITS: Public Works Minutes and Public Works Director Memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3J DEPARTMENT OF PUBLIC WORKS January 9, 1995 TO: Public Works Comm ttee FROM: Don Wickstrom, Pu lic Works Director SUBJECT: Frager Road Guardrail Installation The Public Works Department is requesting that Council authorize the Mayor to sign the Local Agency Agreement for the above referenced project. The primary purpose of this project is to install missing sections of guardrail between Frager Road and the Green River on Frager Road between Meeker St. and S. 212th St.. Grant funding from ISTEA (Intermodal Surface Transportation Efficiency Act) for this project is available in the amount of $72,222 dollars. The mayor has previously signed this agreement therefore, this action is only to establish the budget. ACTION: Authorize the signing of the agreement and the establishment of the budget for same. which will expose the existing 12towaterline. Wickstrom explained that we relocated the main to the west and put it along 117th PI and tied it back down into the watermain on the south end. He said that there was a Charge in Lieu of Assessment on the main to begin with and in its relocated area, we are requesting the relocation of that Charge in Lieu of Assessment to the new fronting properties. Wickstrom noted that these properties will only be paying the 1975 dollar amounts that we originally established. Committee unanimously recommended recording the Charge in Lieu of Assessment and collect the specified fees at the time of permit application. Frager Road Guardrail Installation Wickstrom explained that this is a guardrail for the balance of Frager Rd.; it is an ISTEA grant for$72,222 and we are asking that the Mayor be authorized to sign the agreement. Committee unanimously recommended authorization for the Mayor to sign the agreement and establish the budget for same. St Improvements/No Protest LID Covenants Wickstrom explained that this was an issue that came forward when we formed the Rust's LID about whether or not we should start requiring improvements up-front vs. grant LID covenants. Wickstrom referred to three Ordinances which allows us to require up front improvements and also Ordinance#2224 which allows us to require certain improvements with a building permit. That particular ordinance authorizes the use of No Protest LID covenants as a means to do so, particularly when the adjoining or abutting properties are substandard. He noted that this is the direction we have been following over the years and we have formed a lot of LTD's. Wickstrom referred to a list of LIDs in the Committee packets. The covenants also had a part to play in these and that totaled up to about $32 Million worth of improvements; the LID paid almost $25 Million. Wickstrom noted that he strongly felt that we wouldn't have these projects if we took a parcel by parcel approach. We would end up with a hodge podge of misaligned and mismatched pieces of improvements because these developments don't occur adjacent to each other; nor simultaneously. Over time, there are different engineers doing the design of a particular road section; the engineer's design needs to not only address the existing conditions but it also must meet an ultimate plan which in some cases, we don't know what that ultimate plan is for that particular road section. He also went on to say that different inspectors and different plan reviewers would be involved on the City's behalf; so when trying to combine all these together for a well finished product, it's difficult to do when talking about a parcel by parcel approach. 4 Kent City Council Meeting Date February 7, 1995 Category Consent Calendar 1. SUBJECT: JULIE'S ADDITION FINAL PLAT FSU-94-7 ET-MEEiTRri., _DA4rE- 2 . SUMMARY STATEMENT: Authorization to set February 21, 1995 as the date for a public meeting to consider a final plat application made by Bargausen Consulting Engineers, Inc. This subdivision was originally approved in King County as a pre- liminary plat. Appropriate City departments met to consider this plat on December 21, 1994 and concurred that the plat meets City requirements. The plat is 4 .561 acres in size, consists of 17 lots, and is located between 114th Avenue S.E. and 116th Avenue S.E. on S.E. 264th Place. 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. 3K Kent City Council Meeting Date February 7. 1995 Category Consent Calendar 1. SUBJECT: PLANNING COMMISSION APPOINTMENTS 2. SUMMARY STATEMENT: Confirmation of the Mayor's reappoint- ment of Janette Nuss to continue serving as a member of the Kent Planning Commission. Ms. Nuss' new term will continue to 12/31/2000. Confirmation of the Mayor's appointment of Mike Pattison to serve as a member of the Kent Planning Commission. Mr. Pattison will replace Raymond Ward, whose term expired. His new term will continue to 12/31/2000. 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda .Item No. 3L MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAY Oab DATE: JANUARY 31, 1995 SUBJECT: APPOINTMENT AND REAPPOINTMENT TO KENT PLANNING COMMISSION I have recently reappointed Janette Nuss to continue serving as a member of the Kent Planning Commission. Ms.Nuss' new appointment will continue to 12/31/2000. I have recently appointed Mike Pattison to serve as a member of the Kent Planning Commission. Mr. Pattison is a Kent resident who is very interested in Kenfs future growth and development. He will replace Raymond Ward,who's term expired, and his appointment will continue to 12/31/2000. I submit this for your confirmation. JW.jb cc: Jim Harris, Planning Director Ill Kent City Council Meeting Date February 7 . 1995 Category Consent Calendar 1. SUBJECT: ARTS COMMISSION APPOINTMENTS 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Sherri Ourada and Shannon McMurry to serve as members of the Kent Arts Commission. Ms. Ourada will replace JoAnn Brady, who resigned, and her term will continue to 10/31/97. Ms. McMurry will replace Keiko Cullen, who resigned, and her appointment will continue to 10/31/95. 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3M MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE,MA DATE: JANUARY 31, 1995 SUBJECT: APPOINTMENTS TO KENT ARTS COMMISSION I have recently appointed Sherri Ourada and Shannon McMurry to serve as members of the Kent Arts Commission Ms. Ourada is a Kent resident and has been involved in numerous arts-related community activities. She has had a long-time interest in the arts and has volunteered her time at many functions sponsored by the Kent Cultural Arts Division. Ms.Ourada will replace JoAnn Brady,who resigned, and her appointment will continue to 10/31/97. I have also appointed Shannon McMurry to serve as an Arts Commission member. Ms. McMurry is also an advocate of the arts and has served on many boards and committees connected with the arts here in the Pacific Northwest. Ms. McMurry will replace Keiko Cullen, who resigned and her appointment will continue to 10/31/95. 1 submit this for your confirmation. JW:jb ;?/-Jll r Kent City Council Meeting Date February 7 , 1995 Category Consent Calendar 1. SUBJECT: LID 346 - S. 212TH STREET 2 . SUMMARY STATEMENT: Authorization to set March 21st as the public hearing date on the Final Assessment Roll for LID 3 6-S 212th Street Sidewalks & Street Lighting. 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. 3N N 1fII � � N T __If r co II J I:f — II�: "c. t'alLE ro Y :r -�! "'----� - ___—'. 9/_% Kent City Council Meeting Date February 7 . 1995 Category Consent Calendar 1. SUBJECT: LINDENTAL, PHASE II - BILL OF SALE 2 . SUMMARY ST TEMENT: s recommended by the Public Works Director, uthorization o accept the Bill of Sale for Lindental, Phase II submi ed by Ralph D. Guthrie & Gertrude 0. Guthrie for continuous opera ion and maintenance of 370 feet of watermain extension, 500 feet sanitary sewers, 375 feet of street improvements and 210 fee of storm sewers, and release of bonds after expiration periods The project is located at SE 265th P1. & 116th Ave. SE. 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. 30 SE 251 ST Se 2eo7H ST. W ![ 2QMT N 1 W R BE ND ST ` < > / SE 252N0' PL° s[ 7 EAST HILL < w x wa: CENTER F > 93 Re OD — c Z N S SE D $_ W - W W — F N ........ 515 W < .W BE 254TH N H a 9� < ` x W eft H ry `Pn IENIDIAN x = x ~ W r` \ SCHOOL. SE BE 256TH 3T 29 28 25 0 4 $ < sy—gsrm SFZs>T 1 S S� HKENT SCHOOL STRICT \ ST ~ ADMINISTRATION LDG. sEISTH N 1 72 k W � SE 59TH u N 260TH ST 260THp 5T Z 4~a ST <E� qa 6pTli PL r RO.Ip \g i BE 2613T ST < (PK) SEQUOIA SCHOOL y N fn -SE J� > \ B Atnietic P < Field SE 264TH \ ST SE 264TM S7 Z�26'�RO SE 26ATH ST xx► PROJECT LOCATION s z 6 > O `� \ S Q W SE 2 TH AL y Water BE 2 TH PL u < He ST = _ SE 267TH N Y :i : w - -H W ST W qq > z63TH Our c �♦ q N SE 268TH PL ST xr J�O.c. SE 269TH sr r S R ` 0.(�r ♦ SE 270TH Ty 'rT < BE 270TH n ♦ a BE 270TH `+►` ♦ ST mt, x x PL �; 2U, t SE 2715T ST= �' H �• p h i \ H W U � w � ~ BE 272nD sr > 29 28 BE E 272NO ST _ -- 2N 32 W W t- q. O b 0 a a a a M toz w W SE 27an Pl - H a 274 m SE .274TH ST ST < < < ,y BE 27411 """-Be D 274TH STbi k W > x ST y aN I! ed > BE .. 27STH ST _ = F t r a SE 276 PL 2 N[T711[[ [ M BE 277TH S W K SE Z ,L .. Q SE 280 TH ST ^ 280 SE 281ST ST LINDENTAL PHASE II Z, y �. //!/f Kent City Council Meeting Date February 7 , 1995 Category Consent Calendar 1. SUBJECT: WHEELCHAIR RAMPS, PHASE II - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, uthorization to ept as complete the contract with Gary Merlino Construction for t Wheelchair Ramp Improvements Phase II project and release of re inage after State releases. The original contract was $51, 100. 00 The final construction was $53 ,400. 00. 3 . EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NOV_ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3P Kent City Council Meeting Date February 7. 1995 Category Consent Calendar 1. SUBJECT: JAMES STREET/212TH STREET WATER MAIN REPLACEMENTS AND 212TH STREET STORM SEWER REPLACEMENT --ACCFJx.El-- 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, Authorization to acc complete the contract with Lloyd Enterprises, Inc. for the James reet/212th Street Water Main Replacements; 212th Street Storm Se Replacement project and release of retainage after State releas The original contract was $466, 663 .75. The final construction cost was $498,754. 03 . 3 . EXHIBITS: Vicinity maps 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. 3Q S. 200 f 3 > 1 3 i 212TH S ate'"' 212TH ST T . All. w GREEN s RIVER BRIDGE 216TH t �� PROJECT LOCATIONSio - �.� •+I� 5 226TH 5T .4I3 '. •l3 S 228T Sf'•, r.DUSTrb4..., I 3 \ • r LANDING WAY W + \W W J Z t� ll f KRNT 1 +1 •� o S 2387 4T f i y 4 14 JAMES ST 13 23 ■ :..,. 23 II rAAR JAMES ST/212TH ST WATERMAIN TM 212TH STREET STORM SEWER REPLACEMENT lkl�' Kent City Council Meeting Date February 7. 1995 Category Consent Calendar 1. SUBJECT: S. 212TH STREET REBUILD PT AS CO 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, authorization to accept as mplete the contract with Lloyd Enterprises, Inc. for the S. 212th reet Rebuild project and release of retainage after State released The original contract was $103 ,423 . 00. The final construction cost was $99, 622 . 60. 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. 3R 47 N (°V A3TTVA 1L3W .04-. 3AV HIM ,... � < J a W T n•oa p"np�i a a �- � N a � X Z ( S 3AV H169 — Q q <E' 3sES»'s:;:;:xis::;a;::i'if>:r:;>:, S'3AV Hl 09 v.o d i� P w a d 7 x m N 7 pul g VI Y aba rw.nvuia it = Y vrG S'3AV Hl E S'3AV z 0 cv a rn o W \ Q r a30Yri � a N N l r W Y z 2 g< I ar V s 3AV Mir JjrLU K I '��..-•t f.l "B ia� h °" x ,- Hl�f 4 S 212TH REBUILD a a^' tyY1/71IV a. n 3A Y Kent City Council Meeting Date February 7. 1995 Category Consent Calendar 1. SUBJECT: DOWNTOWN SIDEWALK REHABILITATION PHASE I ---AeetT1TL- 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorizaton to accept as complete the contract with R. E. Bailey Construction for the Downtown Sidewalk Rehabilitation Phase I project and release of retainage after State releases. L The original contract was $157, 632 .90. The final construction cost is $186,863 .96, the overage being due to unforeseen conditions encountered in the field, i.e. , sidewalks built on top of older sidewalks. Adequate funds within the sidewalk fund exist to cover this overage. 3 . EXHIBITS: Public Works Committee Minutes and Public Works Director Memorandum 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. 3S DEPARTMENT OF PUBLIC WORKS JANUARY 9, 1995 TO: Public Works Committee FROM: Don Wickstromb"..1 RE: Downtown Sidewalk Rehabilitation Phase I Accept as Complete This project consisted of replacing existing cement concrete sidewalks damaged by tree roots with new cement concrete sidewalk. The project also included filling Railroad Park at the northeast corner of Titus Street & First Avenue and, providing new storm drainage. The project was awarded to R.E. Bailey Construction for bid amount of $157,632.90. The final construction cost is $186,863.96. This contract exceeded the bid amount due to unforeseen conditions encountered in the field such as sidewalks built on top of older sidewalks, drainage problems at the curb on some streets and additions to the project deemed necessary to maintain the overall appearance of the area. Adequate funds within the sidewalk fund exist to cover this overage. ACTION: Recommend project be accepted as complete. Committee unanimously recommended that the Carnaby Street Sidewalks project be accepted as complete. (� Downtown Sidewalk Rehabilitation Phase I- Accept as Complete '—Y Wickstrom noted that this project has similar conditions - in this case it was a rehab project. In this project an old sidewalk was found under the existing sidewalk which became a cost item to the contractor. He said the downtown area is old and it was difficult to anticipate many conditions. This lead to a higher cost for the project than was anticipated. Committee unanimously recommended that the Downtown Sidewalk Rehabilitation Phase I project be accepted as complete. Derbyshire Watermain Replacement - Accept as Complete Wickstrom explained that on this project, the material was extemely poor and we ended up using more asphalt. The County wanted us to overlay the entire road and to avoid that, they restricted us to 3' of the shoulder and more imported material was required. As a result, this increased the cost of the project. Committee unanimously recommended that the Derbyshire Watermain Replacement project be accepted as complete. LID 342 - Smith Street Sidewalks - Accept as Complete Wickstrom stated that this project exceeded the bid amount primarily due to landscaping problems which we felt we could remold the landscape area. However, there were significant trees involved and the end result was that it was necessary to build a retaining wall which we felt would preserve the landscaping as well as keep the public relations with the neighbors. Committee unanimously recommended that the LID 342 Smith Street Sidewalks project be accepted as complete. Added items: 4 Kent City Council Meeting Date February 7 . 1995 Category Consent Calendar 1. SUBJECT: DRAFT COMPREHENSIVE PLAN CPA-94-1 �1 2 . SUMMARY STATEMENT: Authorization togrefer the Draft Kent Comprehensive Plan (CPA-94-1) to the City Council Planning Committee to conduct such meetings and/or hearings it deems necessary in order to develop a recommendation for consideration by the full City Council. The Draft Kent Comprehensive Plan was forwarded to the City Council by the Mayor on January 5, 1995 following a year-long review process by the Planning Commission. The City Council held a workshop on the draft plan on January 17, 1995 and also conducted a tour of the planning area on January 21, 1995. 3 . EXHIBITS: Memo 4. RECOMMENDED BY: Planning Commission (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. 3T CITY OF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM February 2, 1995 TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: DRAFT COMPREHENSIVE PLAN On February 7 the City Council formally begins deliberation of the Draft Kent Comprehensive Plan. Last month, you received a memorandum from Mayor White which included four addenda made by the Planning Commission to the Draft Comprehensive Plan, dated July 18, 1994. These addenda, together with the July 18 draft plan, constitute the complete recommendation of the Planning Commission. In addition to the addenda recommended by the Planning Commission, the Commission also asked during their deliberations that staff work together with the Kent Chamber of Commerce, the Transit Advisory Board, and the Bicycle Advisory Board to consider changes to the nonmotorized goals and policies in the Transportation Element. The Commission requested that these changes be made as part of the Council's deliberation on the draft plan. Staff from the Public Works Department has been working with these groups, and revised policies are being drafted and reviewed by these organizations. Revised policies will then be forwarded to you, and should be added to the other items you previously received. Planning Department staff is also working on some modifications to the Land Use Plan Map for the Meridian Annexation Area, pursuant to Resolution#1420 which was adopted at your January 17 meeting. These modifications are being made based on new parcel data which has been added to the City's Geographic Information System, and new information on existing King County zoning designations in this area. The amendments to the land use plan map based on these modifications will also be forwarded to you as part of your review of the Draft Comprehensive Plan. If you have any questions prior to the February 7 meeting, please contact Kevin O'Neill at 850- 4799. cc: Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner Kent City Council Meeting Date February 7 , 1995 Category Consent Calendar 1. SUBJECT: INTERLOCAL AGREEMENT FOR PROPOSED ANNEXATION AREAS BETWEEN KING COUNTY, FEDERAL WAY AND KENT 2. SUMMARY STATEMENT: Approval of and authorization for the Mayor to sign the Interlocal Agreement for proposed annexation areas between King County, Federal Way and Kent, as approved by the City Council Planning Committee. 3 . EXHIBITS: Agreement and City Council Planning Committee minutes of 1/17/95 4 . RECOMMENDED BY: Planning 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. 3U AN AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF FEDERAL WAY AND KENT RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION THIS IS AN AGREEMENT between King County, a home rule charter county, a political subdivision of the State of Washington, hereinafter referred to as the "County" and the Cities of Federal Way, a non-charter code city ( "Federal Way" ) , and Kent, a municipal corporation of the State of Washington ( "Kent" ) , hereinafter collectively referred to as the "Cities . " . RECITALS : A. Pursuant to RCW 36 . 70A. 110 (2) , the Washington State Growth Management Act of 1990 as amended requires each City within the County to propose the location of an urban growth area, and B . The Countywide Planning Policies adopted and approved by Ordinance 10450 on July 6 by the County Council and ratified by Cities within the County, establishes rules for designating City potential annexation areas within the countywide urban growth boundary, and C. Countywide Planning Policy LU-19 states that in collaboration with adjacent counties and cities and King County, and in consultation with residential groups in affected areas, each City shall designate a Potential Annexation Area (PAA) , and D. It is in the public interest that the jurisdictions cooperate to designate logical and achievable PAA boundaries; NOW THEREFORE, the County and the Cities hereby agree : 1 . PURPOSE. The purpose of this Agreement is to confirm the decision made between the Cities and the County for the identification of PAA boundaries . 2 . DEFINITIONS Potential Annexation Area (PAA) The unincorporated urban area adjacent to a City, within which urban growth shall be encouraged and phased, and which is expected to annex to the city. Annexation is expected to occur sometime during the next 20 years at which time the city will provide services and utilities . Potential Annexation Area is another term for a Cities' Urban Growth Area. Page 1 of 6 AN AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF FEDERAL WAY AND KENT RELATING TO PAA Urban Growth Areas: Areas proposed by the Cities and designated by the County within which urban growth shall be encouraged and phased and outside of which growth can occur only if it is not urban in nature . An Urban Growth Area is another term for Potential Annexation Area . Urban Growth Boundary: The boundary marking the limit between the urban growth areas and other areas such as rural and resource area where urban growth is not permitted. The boundary shall be designated by the County in consultation with the appropriate Cities, under the requirement of the Growth Management Act, as amended. 3 . PUBLIC PROCESS. The designation of PAAs in Exhibit A (map and written description) and the corresponding obligations of the County and Cities are of interest to a variety of affected parties, including property owners, area residents, the general public, special service districts and the municipalities . 4 . RELATIONSHIP TO EXISTING LAWS AND STATUTES. This Agreement in no way modifies nor supersedes existing laws and statutes and is consistent with existing laws and statutes . In meeting the commitments encompassed in this Agreement, all parties will comply with the requirements of the Annexation Statutes, Open Meetings Act, State Environmental Policy Act, Growth Management Act and Countywide Planning Policies for King County. 5 . RESPONSIBILITIES : The County and Cities that are parties to this Agreement shall cooperate in the administration of the following actions related to unincorporated lands within this Agreement as follows : A. This Agreement shall establish the responsibility for designation of potential annexation areas . (i) The County shall attempt to reach agreement with the Cities on the location of an urban growth area [potential annexation area) . If such an agreement is not reached, the County shall justify in writing Page 2 of 6 AN AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF FEDERAL WAY AND KENT RELATING TO PAA why it so designated the area an urban growth area [potential annexation area) . [RCW 36 . 70A. 110 (2) ) (ii) The County and Cities acknowledge the PAA boundary described in Exhibit A (map and written description) . (iii) The Cities will annex territory only within their designated PAAs . (iv) The Cities and the County shall conduct a public involvement process that includes workshops, survey, hearings, or other methods in areas within the PAA, prior to inclusion of any additional areas within the PAA. 6 . FUTURE RESPONSIBILITIES Within one year of the effective date of this Agreement, the County and Cities shall create an addendum to this Agreement which shall establish the responsibility for the County and Cities to address lands within the PAA which are not practical to annex at the time of development . The addendum shall specifically address : (i) Definition of appropriate land uses and applicable zoning. (ii) Adoption of minimum development standards . (iii) Establishment of service providers and service standards . (iv) Impact mitigation. (v) The timing of annexations within the potential annexation area . 7 . AMENDMENTS. Any party' s failure to participate in the creation of this annexation shall be deemed as that party' s approval of the addendum and waiver of protest as to its content . A. A city which desires to modify the Potential Annexation Area shall contact all other parties to this Agreement to Page 3 of 6 AN AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF FEDERAL WAY AND KENT RELATING TO PAA begin discussions regarding potential annexation area boundary amendments . The County and the Cities agree to participate in such discussions when called by another city. Either Party is authorized to call a meeting upon 30 days written notice . B . The proposed modifications shall be supported by written evidence of a significant change in one of the criteria listed in paragraph 6D. below. The Cities and the County shall concur that the substantial change warrants an amendment to the original designated potential annexation area . C. A public process shall be conducted regarding an amendment to a potential annexation area. D. Criteria for Designation of Potential Annexation Areas o Recognition of resident community identification. e Financial and technical ability to provide municipal services . • Creation of logical service areas (vehicular accessibility and utility construction) . • Recognition of physical boundaries . Bodies of water Topographical features Watersheds Freeways • Protection of critical/resource areas significant to a particular jurisdiction. Protection of critical areas Opportunities for urban separators • Logical boundaries . Elimination of unincorporated islands No overlapping potential annexation areas E. The proposed amended PAA agreement shall be submitted to the respective legislative authorities for approval . 8 . DURATION AND TERMINATION. This Agreement is effective upon signature of both parties and shall continue in effect from year to year unless terminated by a six month written notice by one party to the others . Page 4 of 6 AN AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF FEDERAL WAY AND KENT RELATING TO PAA 9 . SEVERABILITY CLAUSE Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect . 10 . INDEMNIFICATION Each party shall indemnify and hold harmless the other parties and their officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of that' s party, its officers, agents and employees, or any of them, in the performance of this Agreement . 11 . ADMINISTRATION This Agreement shall be administered by: A. The County Manager of Planning and Community Development Division, or the Manager' s designee, and, B . The Federal Way City Manager or the City Manager' s designee, and C. The Mayor of Kent or the Mayor' s designee . IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 1995 . KING COUNTY CITY OF FEDERAL WAY King County Executive Kenneth E. Nyberg, City Manager Date Date Page 5 of 6 AN AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF FEDERAL WAY AND KENT RELATING TO PAA Approved as to Form: Approved as to Form: King County Prosecuting Attorney City Attorney CITY OF KENT BY Mayor Jim White Date Approved as to Form: City Attorney a :annex.doc Page 6 of 6 4 v \ \ `� h� t ) I\ L � � CITY COUNCIL PLANNING COMMITTEE MINUTES January 17, 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 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. 6, 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. 1 111A Kent City Council Meeting Date February 7 . 1995 Category Other Business 1. SUBJECT: MCI METRO FRANCHISE - INTRODUCTION AND FIRST READING 2 . SUMMARY STATEMENT: This franchise, when authorized, will allow MCI Metro Access Transmission Services, Inc. to install a portion of its regional fiber optic telecommunications system in the City of Kent. The franchise is being introduced only tonight. State law prohibits enactment of street franchises on the same day of their introduction. 3 . EXHIBITS: Franchise ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X MCI will pay the City $7,500 for filing fees and administrative costs. 6. EXPENDITURE REQUIRED: $ -0- SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the MCI Metro Franchise ordinance be placed on the February 21 Council agenda for consideration and passage. DISCUSSION• ACTION• Council Agenda Item No. 4A ORDINANCE NO . .I AN ORDINANCE of the City of Kent, Washington, granting unto MCI Metro Access Transmission Services, Inc . , ( "METRO" ) , a Delaware corporation, its successors and assigns, the right, privilege, authority and franchise for five years, to construct, maintain, operate, replace and repair a telecommunications system, in, across, under, through, above and below certain designated public rights-of-way and public properties of the City of Kent, Washington for the sole purpose of conducting a telephone business as defined in RCW 82 . 04 . 065 as now enacted or hereafter amended. THE CITY COUNCIL OF THE"CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : Section 1 . Franchise Granted. Pursuant to RCW 35A. 47 . 040 , the City of Kent, Washington (hereinafter the "City" ) hereby grants to MCI Metro Access Transmission Services, Inc . , a Delaware corporation (hereinafter "METRO" ) , its heirs, successors, administrators, legal representatives and assigns, subject to the terms and conditions set forth herein, a franchise for a period of five years, commencing on the effective date of this ordinance . MCI METRO FRANCHISE--Page 1 of 21 fni: 02/02/95 This franchise shall grant METRO the right , privilege and authority to construct, operate, maintain, replace, and use all .. necessary equipment and facilities thereto for a telecommunications system, in, under, on, across, through or below the public right-of-ways and public places located in the City of Kent . Subject to the provisions of RCW 35A. 14 . 900 , these franchise privileges shall extend automatically to all additional territory annexed by the City during the term of this franchise, subject to the rights, privileges and limitations established in this franchise . This franchise shall automatically renew for one (1) additional five year term only upon the occurrence of the following conditions : (a) METRO provides the City written notice, delivered by certified mail to the City' s Public Works Director and to the City Clerk, at least 240 but not less than 180 days prior to the termination of the original five-year term, of the pending expiration of this franchise; (b) The notice must specifically refer to this franchise by its City Ordinance Number, must inform the City of the franchise ' s expiration date, must specifically reference this franchise provision, and further must inform the City that this franchise will automatically renew for one additional five-year term, unless the City provides, within ninety (90) days of receipt of METRO ' s notice, written notice MCI METRO FRANCHISE--Page 2 of 21 fnl: 02/02/95 to METRO of its decision not to renew or to re-open negotiations of this franchise . METRO' s failure to comply with any part of these franchise renewal conditions shall cause this franchise to fully terminate , at the end of the initial five-year term. The rights and privileges granted under this franchise shall not convey any right to METRO for the use of City-owned, leased or operated properties outside of the franchise area described above . This franchise does not convey warranty or title or any interest in City rights-of-way. Nor does this franchise convey any interest in any particular location in City rights-of-way. Section 2 . Non Exclusive Franchise Grant . This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises in, along, over, through, under, below or across any of said right-of-ways, streets, avenues or all other public lands and properties of every type and description. This franchise shall in no way prevent or prohibit the City from using any of its roads, streets or other public properties or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, and dedication of same as the City may deem fit , including the dedication, establishment, maintenance, and improvement of all new MCI METRO FRANCHISE--Page 3 of 21 fnl: 02/02/95 rights-of-ways, thoroughfares and other public properties of . every type and description. Section 3 . Relocation of Telecommunications System Facilities . METRO agrees and covenants at its sole cost and expense, to protect, support, temporarily disconnect , relocate or remove from any street any of its installations when so required by the City by reason of traffic conditions or public safety, dedications of new right-of-ways and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that METRO shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of cable required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of METRO ' s then existing facilities, the City shall : a) At least sixty (60) days prior to the commencement of such improvement project, provide METRO with written notice requiring such relocation; and b) Provide METRO with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for METRO' s facilities so that METRO may relocate its facilities in other City right-of-way in order to accommodate such improvement project . MCI METRO FRANCHISE--Page 4 of 21 fnl: 02/02/95 c) After receipt of such notice and such plans and specifications, METRO shall complete relocation of its facilities at no charge or expense to the City so as to accommodate the improvement project at least ten (10) days prior to commencement of the project . METRO may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise METRO in writing if one or more of the alternatives is suitable to accommodate the work which would otherwise necessitate relocation of the facilities . If so requested by the City, METRO shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by METRO full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, METRO shall relocate its facilities as otherwise provided in this Section. The provisions of this Section shall in no manner preclude or restrict METRO from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City-owned, operated or maintained facilities , provided that such arrangements do not unduly delay a City construction project . MCI METRO FRANCHISE--Page 5 of 21 fnl: 02/02/95 Section 4 . METRO' s Maps and Records . As a condition of this franchise, METRO shall provide to the City at no cost, a copy of its current as built plans, maps and records of its ( telecommunication system and facilities as they exist on the date ,: of this franchise agreement in the City. All such as built plans, maps and records will be available to the City upon request . Section 5 . No Obstruction. Except during an emergency as provided for in Section 9, METRO will not obstruct, hinder, damage, or otherwise interfere with any City facility or installation, including City utility fixtures or other authorized uses of the public right-of-way, unless the City has first provided its written authorization to do so. The City shall not unreasonably withhold this authorization. METRO shall be responsible for anticipating and reasonably avoiding conflicts with other right-of-way occupants or users, other utilities, franchisees, or permittees . The City assumes no responsibility for these conflicts or errors . Section 6 . Excavations . During any period of relocation or maintenance, all surface structures, if any, shall be erected and used in such places and positions within said public right-of- ways and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property, and METRO shall at all times post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the MCI METRO FRANCHISE--Page 6 of 21 fnl: 02/02/95 State of Washington, including RCW 39 . 04 . 180 for the construction of trench safety systems . Whenever METRO shall excavate in any public right-of-way or other public property for the purpose of installation, con- construction, repair, maintenance or relocation of its cable or equipment, it shall apply to the City for a permit to do so and shall give the City at least three (3) working days notice thereof . In no case shall any work commence within any public right-of-way or other public property without a permit, except as otherwise provided in this franchise ordinance . During the progress of the work, METRO shall not unnecessarily obstruct the passage or proper use of the right-of-way, and shall file as built plans or maps with the City showing the proposed and final location of the cable . If either the City or METRO shall at any time plan to make excavations in any area covered by this franchise and as described in this section, the party planning such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT : (1) such joint use shall not unreasonably delay the work of the party causing the excavation to be made; (2) such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties ; and (3 ) either party may deny such request for safety reasons . Section 7 . Undergroundina. METRO shall comply with the City' s underground construction and installation requirements in MCI METRO FRANCHISE--Page 7 of 21 fnl: 02/02/95 accordance with Kent City Code Chapter 7 . 10 , provided that those ; requirements apply and are legally enforceable against all other occupants of the same right of way or against any individual or ! entity with a franchise or other right to occupy the same right of way. Section 8 . Restoration after Construction. METRO shall, after abandonment approved under Section 11 herein, or installation, construction, relocation, maintenance, or repair of cable/facilities within the franchise area, restore the surface of the right-of-way or public property to a comparable condition in accordance with applicable City standards . All concrete encased monuments which have been disturbed or displaced by such work shall be restored pursuant to all federal, state and local standards and specifications . METRO agrees to promptly complete all restoration work and to promptly repair any damage caused by such work to the franchise area or other affected area at its sole cost and expense . Section 9 . Emercrency Work -- Permit Waiver. In the event any of METRO' s facilities in any way create an immediate danger to the property, life, health or safety of the public or any individual, METRO shall immediately take the proper emergency measures to repair its facilities and to cure or remedy the dangerous conditions for the protection of property, life, health or safety without first applying for and obtaining a permit as required by this franchise . However, this shall not relieve METRO from the requirement of obtaining any permits necessary for MCI METRO FRANCHISE--Page 8 of 21 fnl: 02/02/9S , this purpose, and METRO shall apply for these permits within two working days . Section I.Q . Danaerous Conditions Authority for City to Abate . Whenever construction, installation or excavation of facilities authorized by this franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street utilities 'or City . property, the Public Works Director may direct METRO, at METRO' s own expense, to take actions to protect the public, adjacent public places, City property or street utilities ; and such action may include compliance within a prescribed time . In the event that METRO fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the lateral support thereof, or actions regarded as necessary safety precautions; and METRO shall be liable to the City for the costs thereof . Section 11 . Recovery of Costs . METRO shall pay a filing fee for the City' s administrative costs in drafting and processing this franchise agreement in the amount of Five Thousand Dollars ($5000 . 00) together with an additional Two Thousand Five Hundred Dollars ($2500 . 00) charge for all work fnl: 02/02/95 MCI METRO FRANCHISE--Page 9 of 21 related thereto. METRO shall further be subject to all permit fees associated with activities undertaken through the authority granted in this franchise ordinance or under the laws of the City. Where the City incurs costs and expenses for review, inspection or supervision of activities undertaken through the authority granted in this franchise or any ordinances relating to the subject for which a permit fee is not established, METRO shall pay such costs and expenses directly to the City. In addition to the above, METRO shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving METRO ' s cable and facilities . Section 12 . City' s Reservation of Rights . Pursuant to Section 35 . 21 . 860 of the Revised Code of Washington (RCW) , the City is precluded from imposing a franchise fee on a telephone business as defined in RCW 82 . 04 . 065 , except for administrative expenses or any tax authorized by RCW 35 . 21 . 865 . METRO hereby warrants that its operations as authorized under this franchise are exclusively those of a telephone business as defined in RCW 82 . 04 . 065 . As a result, the City will not impose a franchise fee under the terms of this ordinance, other than as described herein. However, the City hereby reserves its right to impose a franchise fee on METRO for purposes other than to recover its administrative expenses or taxing, if METRO ' s operations as authorized by this franchise change so that not all uses of the franchise are exclusively those of a "telephone business" as defined in RCW 82 . 04 . 065 ; or, if statutory prohibitions on the MCI METRO FRANCHISE--Page 10 of 21 fn1: 02/02/95 imposition of such fees are removed. In the former instance, the City reserves its right to require that METRO obtain a separate franchise for its change in use, which franchise may include provisions intended to regulate METRO ' s operations, as allowed ; under applicable law. Section 13 . Indemnification. METRO shall defend, indemnify and hold the City, its officers, officials, employees and agents harmless from any and all claims, actions, injuries , damages, losses or suits, including all legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of METRO ' s rights or obligations granted by this franchise ordinance, but only to the extent of the negligence or comparative fault of METRO, its employees , agents, contractors, subcontractors or assigns . METRO shall defend, indemnify and hold the City, its officers, officials, employees and agents harmless from any and all claims, actions, injuries, damages, losses or suits, including all legal costs, witness fees and attorney fees , arising out of or in connection with the City' s ownership or control of the right-of-ways or other public properties if that claim, action, injury damage loss or suit also arises from or is connected to METRO' s exercise of the rights granted in this franchise ordinance or by virtue of the City' s permitting METRO' s use of the City' s rights-of-way or other public property, but only to the extent of the negligence or comparative fault of METRO, its employees, agents, contractors, subcontractors or assigns . MCI METRO FRANCHISE--Page 11 of 21 fnl: 02/02/95 The City' s inspection or acceptance of any of METRO ' s iwork when completed shall not be grounds to avoid any of these ' covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES METRO' S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the City receives notice of a claim, the City shall provide prompt written notice to METRO thereof . METRO shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand, provided that in the event any suit or action is begun against the City based upon that claim or demand, the City shall likewise promptly notify METRO thereof, and METRO shall have the right , at its election and at its sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election. In the event a proposed settlement or compromise of such a claim or demand involves any allocation of liability to the City or responsibility for the payment of damages for such liability by the City, the City shall also have a right to prior approval of the settlement or compromise . The City shall not unreasonably withhold its approval . If the City desires to have a separate, independent lawyer of its own selection opine as to the fairness of the proposed settlement, METRO agrees to pay for the reasonable and actual costs of such legal counsel , limited MCI METRO FRANCHISE--Page 12 of 21 fnl: 02/02/95 specifically to the fairness of the proposed settlement . For purposes of a proposed settlement only, if both the City and METRO cannot agree to a proposed settlement due to a dispute as to the allocation of liability, the City and METRO agree to submit the issue of allocation of liability to an arbitrator acceptable to both parties . In the event that METRO refuses to tender defense in any claim, action or suit pursuant to this Section 13 and if METRO' s refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal, then METRO shall pay all the City' s costs for defense of the action, including all legal costs, witness fees and attorneys ' fees and also including the City' s costs, including all legal costs, witness fees and attorneys ' fees, for recovery under this indemnification clause . The provisions of this section shall survive the expiration or termination of this franchise ordinance . Section 14 . Insurance . METRO shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to METRO, its agents, representatives or employees . METRO shall provide a copy of such insurance policy to the City for its inspection prior to the adoption of this franchise ordinance, and such insurance shall evidence : MCI METRO FRANCHISE--Page 13 of 21 fnl: 02/02/95 1 . Automobile Liability insurance with limits no less than $1, 000 , 000 Combined Single Limit per accident for bodily injury and property damage; and 2 . Commercial General Liability insurance policy written on an occurrence basis with limits no less than $2 , 000 , 000 Combined Single Limit per occurrence and $5 , 000 , 000 aggregate for personal injury, bodily injury and property damage . Coverage shall include but not be limited to: blanket contractual ; products/completed operations; broad form property; explosion, collapse and underground (XCU) ; and Employer' s Liability. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductible or self-insured retention shall be the sole responsibility of METRO. The insurance obtained by METRO shall name the City, its officers, employees and volunteers as insureds with regard to activities performed by or on behalf of METRO. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers . In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability. METRO' s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers . Any insurance MCI METRO FRANCHISE--Page 14 of 21 fnl: 02/02/95 . maintained by the City, its officers, officials , employees or volunteers shall be excess of METRO ' s insurance and shall not contribute with it . The insurance policy or polices required by ; this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage I' j or in limits except after thirty (30) days ' prior written notice 1by certified mail , return receipt requested, has been given to :, the City. i Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers . Section 15 . Abandonment of METRO' s Telecommunication System Facilities . No cable, section of cable or other telecommunication system facility installed in the City' s right of way by METRO may be abandoned by METRO without the express written consent of the City. Any plan for abandonment or removal of METRO ' s telecommunication system facilities must be first approved by the Public Works Director, and all necessary permits must be obtained prior to such work . Section 16 . Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, METRO shall, upon the request of the City, furnish a bond executed by METRO and a corporate surety authorized to do a surety business in the State of Washington, in a sum to be set and approved by the Director of Public Works as sufficient to ensure performance of METRO ' s MCI METRO FRANCHISE--Page 15 of 21 fnl: 02/02/95 i. ' obligations under this franchise . The bond shall be conditioned so that METRO shall observe all the covenants , terms and conditions and faithfully perform all of the obligations of this franchise, and to erect or replace any defective work or materials discovered in the replacement of the City' s streets or property within a period of two years from the date of the replacement and acceptance of such repaired streets by the City. Section 17 . Modification. The City and METRO hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 18 . Termination. If METRO willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given METRO by the City under the provisions of this franchise and after providing notice and an opportunity to cure as provided below, then the Kent City Council may terminate this franchise after a hearing held upon reasonable notice to METRO. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling METRO to comply with the provisions of this Ordinance and to recover damages and costs incurred by the City by reason of METRO' s failure to comply. If METRO shall fail to comply with the provisions of this Franchise, the City may serve upon METRO a written order to so comply within sixty (60) days from the date such order is received by METRO. If METRO is MCI METRO FRANCHISE--Page 16 of 21 fnl: 02/02/95 not in compliance with this Franchise after expiration of said sixty (60) day period, the City may, by ordinance, declare an immediate termination of this Franchise, provided however, if any failure to comply with this Franchise by METRO cannot be , corrected with due diligence within said sixty (60) day period (METRO' s obligation to comply and to proceed with due diligence being subject to unavoidable delays and events beyond its control) , then the time within which METRO may so comply shall be extended for such time as may be reasonably necessary and so long as METRO commences promptly and diligently to effect such compliance . This franchise creates no obligation to make any payment or award in condemnation to METRO, except to the extent any state or federal laws may independently require . Section 19 . Remedies to Enforce Compliance . In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force METRO and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 20 . City Ordinances and Regulations . Nothing herein shall be deemed to direct or restrict the City' s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinance made in the exercise of its MCI METRO FRANCHISE--Page 17 of 21 fni: 02/02/95 police powers in the interest of public safety and for the welfare of the public . The City shall have the authority at all times to control by appropriate regulations and permits the location, elevation, and manner of construction and maintenance of any telecommunications system facilities by METRO, and METRO shall promptly conform with all such regulations or permits, unless compliance would cause METRO to violate other requirements of law. Section 21 . Cost of Publication. The cost of the publication of this ordinance shall be borne by METRO. Section 22 . Acceptance . After the passage and approval of this ordinance and within sixty days after such approval , this franchise shall be accepted by METRO by its filing with the City Clerk an unconditional written acceptance thereof . Failure of - METRO to so accept this franchise within said period of time shall be deemed a rejection thereof by METRO, and the rights and privileges herein granted shall, after the expiration of the sixty day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose . Section 23 . Survival . All of the provisions, conditions and requirements of Sections 9 , 10 , 11 , and -1-� 13 of this franchise shall be in addition to any and all other obligations and liabilities METRO may have to the City at common law, by statute, or by contract, and shall survive the City' s franchise to METRO for the use of the areas mentioned in Section 1 herein, and any renewals or extensions thereof . All of the MCI METRO FRANCHISE--Page 18 of 21 fnl: 02/02/95 ,, provisions, conditions, regulations and requirements contained in this franchise ordinance shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of METRO and all privileges, as well as all obligations and liabilities of METRO shall inure to its heirs , successors and assigns equally as if they were specifically mentioned wherever ' METRO is named herein. Section 24 . 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 franchise ordinance . Section 25 . Assignment . This agreement may not be assigned or transferred without the written approval of the City, except METRO may freely assign this Agreement in whole or in part to a parent, subsidiary, or affiliated corporation or as part of any corporate reorganization or refinancing. METRO shall provide written notice to the City of any such assignment . Section 26 . Notice . Any notice or information required or permitted to be given to the parties under this franchise agreement may be sent to the following addresses unless otherwise specified: MCI METRO FRANCHISE--Page 19 of 21 fnl: 02/02/95 City of Kent Director of Public Works 300 West Gowe Kent, WA 98032 Metro Access Transmission Services, Inc . 2250 Lakeside Boulevard Richardson, Texas 75082 MCI Metro Access Transmission Services, Inc . Office of General Counsel 2400 N. Glenville Drive Richardson, Texas 75082 Section 27 . Effective Date . This Ordinance shall take effect thirty (30) days after its passage after first being submitted to the Kent City Attorney, and after being granted by the approving vote of at least a majority of the City Council at a regular meeting and after introduction on February 7, 1995 , an,' after being published at least once in a newspaper of general circulation in the City of Kent , and shall remain in force and effect for five years thereafter; PROVIDED, THAT it shall not be effective unless and until the written acceptance of this ordinance by METRO signed by its appropriate officers, shall be filed with the City Clerk within sixty (60) days of its passage by the Kent City Council . JIM WHITE, MAYOR MCI METRO FRANCHISE--Page 20 of 21 fnl: 02/02/95 i ATTEST: ii i BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: i ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1995 . APPROVED the day of 1995 . PUBLISHED the 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 metro2.ord MCI METRO FRANCHISE--Page 21 of 21 fnl: 02/02/95 ATTEST: � DRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1995 . APPROVED the day of 1995 . PUBLISHED the 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 metro2.ord MCI METRO FRANCHISE--Page 21 of 21 fnl: 02/02/95 Kent City Council Meeting Date_ February 7 . 1995 Category Other Business 1. SUBJECT: INITIATIVE PETITION 101 - JUVENILE SAFETY AND FAMILY RECONCILIATION ORDINANCE (CURFEW) 2 . SUMMARY STATEMENT: Submitted for consideration is an ordinance adopting Initiative Petition 101 entitled "Juvenile Safety and Family Reconciliation", establishing a curfew for juveniles within the City of Kent. Pursuant to RCW` 35. 17, the City Council shall, within 20 days after certification of signatures on an initiative petition, either adopt the proposed ordinance without alteration or submit it to the people for a vote. The next available election for this measure would be April 25, 1995. 3 . EXHIBITS: Proposed ordinance, Initiative Petition Certification and Staff reports 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO YES ✓ 6. EXPENDITURE REQUIRED: $ Lt��no✓. SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, C ncilmember seconds to adopt Ordinance No. adopting and enacting Initiative Petition 101 adding a new hapter to the Kent City Code entitled "Juvenile Safe and Family Reconciliation" p}-i0-0, - or - to call for a special election to be held April 25, 1995 by mail ballot in accordance with RCW 29. 36. 120 on Initiative Petition 101. DISCUSSION• ACTION• Council Agenda Item No. 4B JAN King County CITY OF KENT Records and Elections Division CITY CLERK .. 553 King County Administration Bldg. 500 Fourth Avenue Seattle, Washington 98104 (206)296-1540 (206)296-0109 VJ7DD PETITION CERTIFICATION THIS IS TO CERTIFY that the petition filed in support of City of Kent Initiative No. 101 - Juvenile Safety and Family Reconciliation Ordinance has been examined, the signatures thereon carefully compared with the registration records of the Records and Elections Division, and as a result of such examination, found to be sufficient under provisions of RCW 35A.11 .100. Dated this 23rd day of January 1995. John Charles, Manager Records and Elections Division CFAT E-a8 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adopting and enacting Initiative Petition 101, adding a new Chapter 9 . 07 to Title 9 of the Kent City Code entitled "Juvenile Safety and Family Reconciliation" , defining duties and responsibilities of parents/guardians as well as juveniles; and providing for penalties for violations thereof . WHEREAS, a Citizens ' Initiative Petition NuVber 101 was filed with the City Clerk on January 23 , 1995, and has been certified as sufficient pursuant to RCW 35A. 11 . 100 ; and WHEREAS, pursuant to RCW 35 . 17 . 260 and KCC 1 . 03 . 170, following certification of the petition, the City Council shall pass the proposed ordinance without alteration within twenty (20) days or cause to be called a special election on the proposed ordinance; NOW, THEREFORE, Mxle a THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . Sections 1 and 2 of Initiative Petition 101 as set forth in Exhibit A attached hereto and incorporated by reference, adding a new chapter, Chapter 9 . 07 to Title 9 of the Kent City Code, entitled "Juvenile Safety and Family Reconciliation" , is hereby adopted and enacted as an ordinance of the City of Kent . SECTION 2 . Pursuant to the limitations established by RCW 35 . 17 . 340 pertaining to the adoption of ordinances initiated by petition, this ordinance cannot be repealed except by a vote of the people . SECTION 3 . Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance . 2 SECTION 4 . Effective Date . This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR 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 . 3 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 n�zo.d 4 INITIATIVE 101 Let's give our law enforcement personnel a tool in their battle against youth violent crime. OFFICIAL BALLOT TITLE: Shall an ordinance be adopted establishing a curfew which provides that no juvenile shall remain, nor shall any parent, guardian or custodian allow or permit a juvenile to remain, in or upon any public place within the City of Kent during curfew hours, and which further establishes certain exemptions and provides for civil penalties? INITIATIVE PETITION FOR SUBMISSION TOTHE CITY COUNCIL OF KENT,WASHINGTON To the City Clerk of the City of Kent, Washington: We, the undersigned registered voters of the City of Kent, Washington,respectfully direct that this petition and the proposed ordinance known as Initiative Measure Number 101 and entitled "Juvenile Safety and Family Reconciliation Ordinance,"a full,true,and correct copy of which is attached to this petition,be transmitted to the City Council of the City of Kent,Washington,and we respectfully petition the City Council to enact said proposed ordinance into law;furthermore,if the City Council fails to enact this ordinance that it be submitted to a vote of the people at a regular or special election to be held on a date and in the manner required by the Revised Code of Washington;and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the City of Kent,Washington,my residence address is correctly stated,and I have knowingly signed this petition only once. MAIL COMPLETED PETITIONS TO: WARNING: Any person who signs this petition with any other than his or her true name,or who knowingly signs more C.L.A.M.P. than one of these petitions, or signs a petition seeking an Citizens Lobby Against More Politics election when he or she is not a legal voter,or signs a petition when he or she is otherwise not qualified to sign, or who 524 W. Meeker, Suite 6 • Kent, WA 98032 makes herein any false statement, shall be guilty of a (206) 852-5007 or (206) 859-2847 misdemeanor. C17Y OF KENT INITIATIVE TO THE PEOPLE. CITY OF KENT VOTERS SIGN BELOW: Petitioner's Petitioner's Petitioner's Residence Address Signature Printed Name (must reside within City limits of Kent) Date 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) ENTIRE TEXT OF THIS INITIATIVE APPEARS ON THE BACK OF THIS PETITION LYM B I 1 a, INITIATIVE 101 AN ORDINANCE of the City of Kent. Washington, adding a new activity,including,but not limited to,dances,theater presentations,and Chapter 9L7 to Title 9 of the Kenl City Cale entitled'Juvenile Safety sporting events, provided such activity is supervised by adults and and Family Reconciliation; defining duties and responsibilities of sponsored by the City of Kent,a school district,a civic organization or parenWguardiana as well as jwenilu;and providing for penalties for other ear 'lity for the juvenile; C.The entity is on an errand or legitimate business pursuant to violations thereof. - the written instructions of his or her parent, guardian or custodian, BE IT [NACI'ED DY TIE PEOPLE OF 771E CITY OF KENT, travelr stop" ing The lw juvenile is engaged i D. n lawful employment or traveling to or WASHINGTON: from such place of employment,or to or from his or her residence from out our or stop; SEC.1. FINDINGS AND INTENT. The people of the City of Keno sad place The juvenile is in directlya motortvehicle rand engaged in interstate Washington,find and declare that: travel with the written consent of said juveniles Arent, guardian or 1) The City of Kent is facing a mounting crisis caused by juvenile custodian; F. The juvenile is on the sidewalk abutting the juvenile's cesid(ncc crime and delinquency which threatens peaceful citizens, residents, or abutting the residence of door neighbor,providing the neighbor visitors and juveniles themselves; 2) While preventative measures such as intervention,counseling has not complained to thea police department about the juvenile's and rehabilitation are important,they are only one facet or what must presence; become a multi-faceted approach to crime reduction;we must also locus G. The juvenile is involved in an emergency. on punitive measures; 3) Due to their lack of maturity, experience and knowledge, SECTION 9.07.060. ENFORCEMENT. juveniles are frequently unable to make critical decisions and exercise Cityenfor May par a good judgment,and therefore should not be afforded the full spectrum question La- of a write wspected ment f ofrviolafng the provisionsof l�is ahnpta rights and constitutional guarantees as afforded to adults; q 1 4) In recognition of 3)above,both the Slate of Washington and to obtain his or her name,address and age as well as the name and the federal government have enacted legislation limiting numerous and address of Saida mid leisparent or rail to guardian. cooperate,^r refuse[o provide aye specific rights,prior to the attainment of the age or consent; juvenile 5) Juveniles are particularly vulnerable and therefore any juvenile information requested by the law enforcement officer,said juvenile may who,without legitimate purpoie or adult supervision,is found to be in be taken into custody pursuant to the provisions of RCW 13.32A.050.An any public or semi-public place during established curfew hours,is hereby officer for such fficer taking a laenilestody into nto custody sh hall hell in or range the ju rile of the The deemed and assumed to be in danger of physical him. juvenile either in: SEC.2.There is hereby added to Title 9 of the Kent City Code,Chapter 1. The juvenile's parent,guardian,or custodian. 9.07 entitled"Juvenile Safety and Family Reconciliation'as followS: 2. The police department. 3. An appropriate facility of the Department of Social and SECTION 9.07. JUVENILE SAFETY AND FAMILY Health SC.`rrscn demrminatinn that aviolalion of the provisinre of Section RECONC1LIAllON. 9.07.040 of this chapter has occurred and that no defense under Section hnill rile., rt SECTION 9th the .07.010.S110RTTlTLG This ordinance shall be known and 9.017`OeSa is present,at which taw ime a notice of infrment officer action shall be sent to the May b cited as the "Juvenile Safety and Family Reconciliation Parent or guardian of the juvenile. Ordinance." SECIION 9.07.020. PURPOSE. The purpose of this chapter is: SECTION 9.07.070. VIOLATIONS-PENALTY. A. To protect juveniles and other citizens,residents or visitors of A. A violation of the provisions of Section 9.07.040 is designated the City of Kent from the dangers of crimes which occur during the laic met 111civ Il infmclions issued under Kent Municipal chapter.sCivil infractio have ns shall night and early morning hours B. To decrease the amount of criminal activity engaged in by be issued and processed in accordance with Chapter 7.80 RCW,which is juveniles. incorporated herein by reference. C. To provide law enforcement personnel a procedure through B. Any person who receives a notice of infraction shall respond which they may take preventative action prior to the occurrence of a within fifteen(15)days of the notice in the annex preScrib issuedca notice d in W criminal act and the creation of a victim. 7.80.090. Pursuant to RCW 7.80.080(5), any Pe of D. To promote and enhance parental control over jwenilu. infraction requested,)the ails tcou court shallond)enter ano the cappropriate orde,or falls to er hearing assessing the SECTION 9.07.0J0. DEP[NfTIONS. monetary penalty,prescribed for the civil infraction. C. A person found to have committed an infraction shall be A. "Custodian'mans any person at least 18 years or age and assessed a 1 of`t'y penalty nal not cording to es fed theS50 following scale: authorized by a parent or guardian to have the care and custody of a 2 Second offense,n not to exceed$150.00. Jwemlc 3. Third,and subsequent offenses,not to exceed 5500.00. B. 'Curlew ay or means 1unti p.m.a. any Sunday, Monday, Tuesday,Wednesdry,or Thursday until G:W a.m.of the following day; D. In lieu of payment of the monetary penalty assessed herein,any and 12:01 a.m.until 6:00 a.m.on any Saturday or Sunday. person receiving a notice of infraction may elect to perform community C.'Emergencyy"means an unforeseen combination of circumstances Service at ram of one hour for each$5.00 of assesses penalty. Said or the resulting state that ads for immediate action. The term includes, communityService may be performed b the juvenile,p. guardian but is not limited to,a fire,a natural disaster,an automobile accident,of or any combination thereof. Community Service shall consist of those any situation requiring immediate action to prevent serious bodily injury the City ects not Kent Parks anmented and dRecreationtiy the Departmentt. In such case,the irector of Parks,through or loss of life. D."Gordian"means an individual,other than a parent,who,under payment of the penalty shall be deferred pending completion oft e court order,is the guardian of the person of a juvenile. community Service. who E. "Juvenile means any unemancipaicd person,male or female, to sigF- Pursuant tonotice or the provition sions wilfully W 7800.160ates his or person war 1 en tails under the age of IS years F. Trent"means the mother,father,or both(both being referred signed promise to respond to a notice of civil infraction is guilty of a to in the singular as'parent"),being a natural parent,adoptive parent,or misdemeanor punishable by a fine not to exceed One Thousand Dollars step-parent ($1,000.t10)and/or imprisonment not exceeding ninety(90)days. G. 'Public Place" means any place to which the public or a F. All proceedings under this ordinance,except for Subsection G substantial group of the public has access and includes,but is by no above,shall be civil in nature. means limited to,streets,highways,sidewalks and the common areas of schools,hospitals,apartment houses,office buildings,transport facilitiet, SECTION 9.07.080. REPORTING TO POLICE DEPAR'ITdGM. commercial establishments,and shops. R 'Remain' means to linger or stay, or to fail to lave the Any parent or guardian unable to control the whereabouts an premises or area when requested to do so by a police officer or the activities of a juvenile in their are,custody or cnnsol shall contact the property mart,operator or other person responsible far a public place. Kcal Police Department and report such juvenile as ptstibly appcating in locations and at times that would violate this chapter. In such case,the GENERAL PROIIIBMON. parent or guardian shall not be responsible for the actions of the juvenile SECTION 9.07.040. [or the purposes or this chapter. In such case,the police department may No parent,guardian or custodian Shall allow or permit,by insufficient consider reporting said juvenile to the Department of Social and health control,any juvenile for whom he or she is responsible to remain in or Services as a dependent or runaway child, upon a public place within the City of Kent during curfew hours;and no juvenile shall remain in or upon any public place within the City of Kent SEC.3. SEVERA6ILI"fY. if any section,sentence,clause or phrase o[ during curfew hours. this ordinance should be held to be invalid or unconstitutional by a court w of competent jurisdiction,such invalidity or unconstitutionality shall not SECTION 9.07.050. EXEMPTIONS. affect the validity or constitutionality of any other section,Sentence, clause or phrase or this ordinance. It shall not be deemed an offense under this chapter it any of the following conditions are found to apply. SEC.4. EFFECTIVE DAM- Pursuant to Chnptcr 1.03.230 of the Kent A.The juvenile is accompanied bya parent,guardian,or custodian; City Code, this ordinance shall become effective immediately upon B. The juvenile is attending or going to or returning home from, passage by.,majority of votes cast by the electors of the City of Kent. . directly without any detour,ran official school,religious,or a recreational EXHIBIT L OFFICE OF THE CITY ATTORNEY DATE : February 2 , 1994 TO : Mayor Jim White Kent City Council FROM: Roger Lubovich RE: INITIATIVE PETITION CURFEW ORDINANCE SUMMARY LEGAL SYNOPSIS In 1973 , the Washington State Supreme Court in Seattle v. Pullman, 82 Wn. 2d 794, ruled the Seattle Juvenile Curfew Ordinance unconstitutional, however, the court did not totally eliminate the possibility of a curfew ordinance . The court stated in part : "Minor curfew ordinances may be permissible where they are specific in their prohibitions and necessary in curing a demonstrated social evil . " The court held the ordinance unconstitutionally vague and that it violated the due process rights of the defendant because the words "to loiter, idle, wander or play" did not clearly distinguish between innocent and unlawful conduct . A curfew ordinance would, therefore, require a constitutionally precise statement of both the activity and the conduct calculated to do harm from which the City seeks to protect itself . The court also held that the ordinance was unconstitutional because it exceeded the scope of police power authority. It did not bear any substantial relationship to the proclaimed governmental interest, "the protection of minors" . The court basically held that loafing, wandering and loitering are fundamental constitutionally protected rights of children. This court , therefore, recognized that children have fundamental constitutional rights . Another concern for the court was an ordinance interfering with the parental responsibility of parents for their children. Regarding fundamental rights, a 5th Circuit U. S . Court of Appeals case, in an opinion dated November 19, 1993 , upheld the City of Dallas ' curfew ordinance . The court, in upholding the ordinance, and in addressing this argument, stated that the ordinance presented only a minimal intrusion into the parents ' rights and, therefore, the ordinance did not violate their fundamental right of privacy. The Washington State Supreme Court, however, could reach a different conclusion under its review of a local curfew ordinance . There has been no State Supreme Court review of curfew ordinances since the 1973 Pullman case . Since the Pullman case recognized fundamental constitutional rights of children, the court will probably apply strict scrutiny review of any curfew ordinance . Likely constitutional challenges would be First Amendment challenges based on freedom of speech, religion, assembly or association, and the Fourteenth Amendment, equal protection with respect to parents ' rights to raise their own children without intrusion. The initiative petition is similar to the ordinance considered by Council last summer but contains more enforcement tools which raises more legal concerns . The earlier ordinance was drafted with an attempt to minimize potential challenges . Since there has been no recent Washington State case law with respect to curfew ordinances, it is uncertain how the initiative petition ordinance would withstand State Supreme court scrutiny. My main concern with the ordinance is it provides that the City may take a juvenile into custody for violation of a civil infraction (violating the curfew ordinance) . Even though the state legislature, in legislation passed last year, authorized municipalities to take juveniles into custody for violating curfews, which legislation also required violations to be civil infractions and not misdemeanors, there are constitutional concerns raised in doing such. It is unclear in the ordinance whether the juvenile is taken into custody for violating the curfew or for "obstructing" by failing to cooperate or refusing to provide information. (See Section 9 . 07 . 060 (b) of the ordinance . ) My other concern is more of a police department concern and that is the actual administration of the ordinance, such as what to do with the juveniles when taken into custody. Pursuant to RCW 35 . 17 . 260 , the City Council, upon receipt of the certified initiative petition, shall either pass the proposed ordinance without alteration within 20 days after the City Clerk ' s certificate that the number of signatures are sufficient or cause to be called a special election for submission of the ordinance without alteration to a vote of the people . (emphasis added) Pursuant to RCW 35 . 17 . 340, initiative petition ordinances cannot be repealed or amended except by a vote of the people . The City Council must either adopt the ordinance or submit it to a vote of the people . The next available election to which the matter can be submitted is April 25 , 1995 . For your information, attached is a comparison of the earlier considered ordinance and the initiative petition ordinance . curfew2.mem OUTLINE OF CURFEW ORDINANCES Ordinance Considered by Council Initiative Petition Ordinance curfew and parental responsibility same juveniles under 16 yrs . juveniles under 18 yrs . curfew hours - 12 midnight through 6 curfew hours - 10 p .m. -6 a .m. each day a.m. , Sun. -Thurs . ; 12 : 01 a .m. -6 a.m. , Sat . or Sun. exemptions • exemptions • * juvenile is accompanied by a parent, same guardian or adult person having custody * juvenile is traveling to or same from an official school, political , religious or recreational activity * juvenile is on an errand at the same direction of a parent, guardian or other adult person having custody * juvenile is involved in emergency same situation * juvenile is exercising First same Amendment rights * in a motor vehicle engaged in same interstate travel with consent * on the sidewalk of home or neighbor same f—finance Considered by Council Initiative Petition Ordinance may stop and question juvenile - officer may stop and question may direct juvenile to proceed home or juvenile - if fails to offer to transport juvenile home cooperate or provide information, may be taken into custody - officer delivers juvenile home, police dept . or DSHS if juvenile is in danger, pursuant to same RCW 13 . 32A, may take juvenile into custody and deliver or arrange to deliver juvenile home or other violations are civil not criminal same warning upon first violation notice of infraction issued citation may be issued upon second or subsequent violation �etary penalty - $150 . 00 ist offense - not to exceed oT take class or participate or $50 volunteer in program or perform 2nd offense - not to exceed community service as may be pre-approved $150 by the Human Services Commission at his 3rd offense - no to exceed or her cost . $500 or community service through Parks Department @ 1 hr. per $5 of penalty performed by juvenile, parent or guardian expires 240 days from effective date no expiration unless extended by City Council MEMORANDUM TO: KENT CITY COUNCIL FROM: BRENT MCFALL, DIRECTOR OF OPERATIONS �J SUBJECT: INITIATIVE 101 (CURFEW) / DATE: JANUARY 31, 1995 Attached you will find memoranda from various staff members commenting on Initiative 101, the proposed curfew initiative. This information may be helpful to you in your consideration of the initiative. As you can see, in addition to the concerns expressed by the Police Department as to how the curfew would impact their operations, concerns are expressed about the impact on the city overall. For example, the responsibilities placed upon the Parks Department to administer a community service program could result in significant staff time, and cost. Furthermore, there are liability issues associated with community service workers. What if someone is injured? Have we trained them? Were they supervised? Those are the kinds of questions that will arise in determining whether or not the City has any financial responsibility for such a situation. Finally, there will be impacts on the Municipal Court, Information Services, Finances and the other "support services" operations of the City. Also attached you will find the material that was in your packet at the time of your previous discussion of a curfew. You might find this helpful as you consider your decision. Please let me know if I can be of further assistance. K NT POLICE DEPARTMENT MEMORANDUM TO: Brent McFall, Director of Operations FROM: Ed Crawford, Chief of Police DATE: January 27, 1995 RE: Curfew Initiative 101 Comments 1. My comments regarding the initiative: The initiative indicates the juvenile may be taken into custody and turned over to either parents or custodians. a. Should we transport outside of the city or county to deliver the juvenile? b. Should the juvenile be taken to the police department? Without the requirement of having an officer monitor the juvenile, we do not have facilities to hold juveniles. The police facility would require an upgrade. c. Should the juvenile be delivered to the Department of Social and Health Services? To this date, DSHS does not have the facilities to take juveniles under the current statute. Violations and penalty. a. Do we have the staff available to direct, control, and monitor community service functions? b. Reporting by parent of uncontrolled juveniles to the police department will require more mechanisms to take information from reporting people regarding juveniles. That will equate to the requirement of more staff. 2. Some questions that have been posed by members of the police department: Do we want kids returned to hostile environments? This may be the reason they were on the streets. People with data in this area contend that quite a few juvenile runaways are running from a hostile environment. Do we want police officers babysitting juveniles while waiting for parents to come and pick them up instead of patrolling the streets and being available for criminal activity. (An example of our commitment to have beat response and beat integrity was illustrated this past Tuesday. We were able to respond within 20 seconds to an emergency call at a local commercial retail outlet. Three hours later we were able to apprehend two carjackers because a police car was 10 seconds from the origin of the call.) Babysitting curfew TO: Brent McFall, Director of Operations January 27, 1995 Page 2 of 2 violators will take away from beat integrity. How is written permission to be authenticated? The following paragraph written by one officer regarding enforcement says it all: "Enforcement will require a significant amount of manpower. I suspect an overburden. We have no local juvenile facilities. If we have to take them home, it takes an officer out of the city. If we have to take them to DSHS, it means a trip to Seattle. If we have to take them to the station, it means that an officer must stay with them here until they are disposed of." 3. Some suggestions: Is it too late to suggest to the Council that they enact a curfew ordinance that would have less requirements, such as a simple several paragraph ordinance: A law enforcement officer may approach, detain and question a juvenile suspected of being in a public place between midnight and 6:00 a.m. with the following exceptions: (include 1st amendment exceptions), and the parent or guardian can be issued an infraction not to exceed $50. Other items could be included such as the need for a curfew and the effective date, and definitions. This way the Council would be developing a more workable curfew and we would write an operational policy that would go something like this: The curfew ordinance will be enforced in this manner: parents or guardians are subject to a non-criminal infraction if juveniles are in a public place without permission and without adhering to one of the constitutional exemptions. Police officers have the authority to question, and even detain, a juvenile suspected of violating this section. However, if the juvenile refuses to respond to our requests for information, runs, or resists in any way the apprehension for curfew violation, you are directed to not pursue or confront beyond that point unless you have probable cause to believe that the suspected juvenile could be engaged in other criminal activity that gives you probable cause to apprehend. And, using the force dependent on that particular type of criminal violation. 4. If we cannot enact our own ordinance: If we are past the time that we can enact our own ordinance and the Council enacts this initiative instead of going to a vote, we will support the Council's position. We will reiterate the things I said previously about force as a policy to the department, we would monitor the need for staffing in the areas of reporting requirements, and we would be very selective in transport issues. Bottomline, our people will be very cognizant of the balancing requirements in performing beat coverage, juvenile transport, and babysitting. CITY OF KENT PARKS AND RECREATION DEPARTMENT MEMORANDUM TO: Brent McFall FROM: John Hodgson DATE: January 24, 1995 RE: Initiative 101 - Curfew As I read over the curfew initiative there are a couple of areas that may impact the Parks and Recreation Department. These are: 1) Section 9.07.050. Exemptions (Item B). The concern I have with this issue is to what extent staff may be called upon to substantiate that a sponsored City of Kent event took place on a particular night. The other aspect is any additional responsibility the City of Kent may have to take to substantiate that the child was at a City sponsored event; in particular, a "drop-in" activity, such as a dance, where a sign-in process is not taking place. 2) Section 9.07.070. Violations - Penalty (Item D). have concerns as to the administration of this proposal. Does the majority of the administration happen through the court system, as with the current community service penalties? Who defines specifically the types of work that can be done by the offender? What level of supervision is required and at what cost; especially when this community service will happen after school and weekends and at many times when our daily work shift is over? The true impact of this curfew on the Parks and Recreation Department will be based on the number of cases. It is very difficult to know how many youth may be involved; obviously, the greater the number, the greater the impact, or inability of the Parks and Recreation Department to administer. MEMORANDUM JANUARY 20, 1995 TO: BRENT McFALL, DIRECTOR OF OPERATIONS FROM: NORM ANGELO, FIRE CHIEF C?Z9>Q ' 41; ' ' iqq� SUBJECT: CURFEW INITIATIVE ---------------------------------------------------------------------------------------------------------------------- While we will not be directly impacted as the initiative is written, I do have some observations and some previous experience we have had with community service options: 1. Section 9.07.030 Definitions: It appears that Friday is not covered, however, Sunday is mentioned twice, the ordinance would be difficult to interpret for Sunday, Friday. 2. The effective date appears to make the ordinance effective immediately upon a vote of the public. It would seem that the police are going to have a major logistical task. Without some time to develop administrative procedures, it may be a significant amount of time before the City could even say we were somewhat implementing the ordinance. On the other hand, the public will have immediate expectations. 3. In the area of community service people, it has been our experience that one encounters a whole range of personal approaches by the person doing the service. There is no doubt that these folks would require constant supervision in a majority of the cases. The number of areas they could be utilized in would be limited by the training and safety equipment required. Some scenarios might require the consideration of security. If there is productive tasks, supervision, a willing and positive attitude on the part of the person doing the service and sufficient blocks of time to produce meaningful results - the system might have some potential. It is likely that absent any of the key elements, the program could become more of a babysitting exercise with significant costs to the City and result in limited or loss of productivity. If we go ahead with the program, it will be important to provide adequate coordination and supervisory resources for the program. Thank you for the opportunity to comment. tcn MCFALL,BRENT / KENT70/OD - HPDesk print. ---------------------------------------- Me=sage. Dated: 01/27/95 at 1632 . 5 `_�ect: Initiative 101 Reply Sender: Ron SPANG / KENT70/IS Contents: 2 . TO: Brent MCFALL / KENT70/OD Part 1. FROM: Ron SPANG / KENT70/IS TO: Brent MCFALL / KENT70/OD Part 2 . Brent, The comments on Initiative 101 from Information Services are that this is a well-intended idea for which there are several unanswered questions. For example, where are the funds for enforcement? Since the city currently has patrol officers working extensive overtime and a pending major annex- ation, how are they going to find the time to escort juveniles all over town? The Law Department might have to defend the initiative in court, which could be costly and time-consuming. Record-keeping and administrative duties for Police and Parks are going to increase. These items will impact operations in the muni court and/or information services, both of which are already pretty busy. L- t, but far from least, when the city oversees the workers within the P,,..,Ks program, who will provide necessary food, clothing and insurance including possible injuries and/or other liability? The city will be "exposed" to these and other risks, resulting in an under-funded program. June 7 , 1994 SEWER better prepared to discuss this after the executive session, where more information will be made available. SOLID WASTE (OTHER BUSINESS - ITEM 4A) Addendum to Garbage Contract. staff has nego- tiated with representatives of Kent Disposal on the addendum to the garbage contract necessary to implement the garbage rate increase approved by Council. McFall noted that the rate increase is re- troactive to January 11 1994, and that the difference for January through June would be spread over a 24-month period and would not be built into the base rate. MANN MOVED that the Addendum to the Solid Waste Collection and Disposal Contract between the City of Kent and Kent Meridian Disposal be approved and that the Mayor be authorized to sign said addendum. Houser seconded and the motion carried. ANNEXATION (CONSENT CALENDAR - ITEM 3F) Ramstead/East Hill Annexation. AUTHORIZATION to set June 21st as the public hearing date on the Ramstead/East Hill Annexation. The City has received Boundary Review Board approval to proceed with the annexation. CURFEW (PUBLIC HEARING - ITEM 2A) Curfew/Parental Responsibility Ordinance. This date has been set for a public hearing on an ordinance which would prohibit juveniles 15 years of age or younger in public places in the City of Kent between the hours of 12 midnight through 6 a.m. each day. City Attorney Lubovich noted that in 1973 the Washington State Supreme Court ruled that the Seattle juvenile curfew ordinance was uncon- stitutional but that did not eliminate the possibility of a curfew ordinance. He ex- plained the Court' s ruling, and noted that the 5th Circuit Court of Appeals recently upheld the City of Dallas ' curfew ordinance. He added that on June 1, the U. S. Supreme Court denied review of the Dallas case. He pointed out that the Washington Supreme Court could reach a dif- ferent conclusion under its review of a similar local ordinance. 5 June 7, 1994 CURFEW Lubovich stated that the proposed ordinance was drafted with a conservative approach in an attempt to minimize potential constitutional challenges and, as a result, it lacks some of the teeth that would be desired in a curfew ordinance. He recommended that the ordinance attempt to define problem areas in the City and apply only to those areas. He noted that the proposed ordinance is modeled after Bellingham' s recently adopted ordinance and that Bellingham' s ordinance was recently found unconstitutional by a juvenile court commis- sioner. He added that that decision has been appealed by the County and the City of Bellingham. Lubovich outlined the proposed ordinance as follows: • The ordinance is a curfew and parental responsibility ordinance. • It applies to juveniles 15 years of age or younger. • The curfew hours are 12 o'clock midnight through 6 a.m. each day. • It is not in violation for a juvenile to be in a public place between the hours of 12 and 6 a.m. if a: 1. juvenile is accompanied by a parent, guardian or adult person having custody; 2 . juvenile is traveling to or from an official school, political, religious or recreational activity; 3 . juvenile is on an errand at the direc- tion of a parent, guardian or other adult person having custody; 4 . juvenile is engaged in lawful employ- ment or traveling to or from such place of employment; 6 June 7 , 1994 CURFEW 5. juvenile is in a motor vehicle engaged in interstate travel; 6. juvenile is on the sidewalk of his or her legal residence or next door neighbor; 7 . juvenile is involved in emergency situation; 8 . juvenile is exercising First Amendment rights. • An officer may stop and question a juvenile for his or her name, address, parents ' name, and nature of his or her business in a public place. Upon a violation, the officer may direct the juvenile to proceed home or offer to transport the juvenile home. • If the officer believes that the juvenile is in danger, pursuant to RCW 13 . 32A, the officer may take the juvenile into custody and deliver or arrange to deliver the juvenile to his or her home or, if not to his or her home, to an extended family member, to a residential crisis center, or to another responsible adult under certain circumstances. • Upon a first violation by the juvenile, a warning shall be sent to the parent, guardian or adult person having custody. Upon a second or subsequent violation, a citation may be issued to the parent, guardian or other adult person. • A citation may also be issued to a juvenile for a second or subsequent violation. • A monetary penalty for a violation is $150. 00 . • Upon receipt of a citation, a person may either pay the assessment, contest the matter in municipal court, or take a class or participate or volunteer in a program or 7 June 7, 1994 CURFEW perform community service as may be pre- approved by the Human Services Commission at his or her cost and established for this purpose. • It shall be a defense to a parent, guardian or other adult person having care, custody and control of a juvenile that he or she had no reasonable control over the juvenile ' s actions which provide for the violation. • Pursuant to RCW Chapter 7 . 80, failure to respond to a citation is a misdemeanor. • This ordinance expires 240 days from the effective date unless extended by City Council. Upon Woods ' question, Lubovich responded that he is not aware that the Human Services Commis- sion had been contacted about this ordinance. Woods stated that she feels it may not be appropriate for the Human Services Commission to perform that activity, and urged Council- members to take that into consideration. The Mayor opened the public hearing. Mandy Silverman, 25329 121st Place SE, said that violence is a problem but that a curfew is not the way to solve it. She said there should be a place for kids to hang out, and expressed concern for homeless children. Reverend Bill Carleton, 10201 SE 270th Place, said there is a need for adults and kids to work together on this problem and said there are things adults could do in the way of programs. James Cobb, 226 Titusville Alley, said the curfew is censorship and he is against it. He suggested that the young people be introduced to music, video, art and so forth. Jennifer Stokesberry, 6329 S. 251st Street, noted that although she is 17, she looks much younger, and expressed fear that the curfew could cause harassment to people who may be stopped by an officer because they appear to be under 15 . Tim Hees, 731 5th Avenue South, noted that when he was young there was a curfew which did not stop kids from being out. He said a curfew would tie up 8 June 7, 1994 CURFEW Police time which could be spent dealing with other things. He noted that there are many homeless children under 16 living in the woods in Kent, who will have to hide from the Police if there is a curfew. Jack Cosby, 525 Van de Vanter, noted that the City and the Kent School District have long worked together to benefit the citizens. He agreed that the curfew is not the answer and that the things volunteers from the City, the School District and the Parks Department can bring to the community, such as music and sports, will make Kent a great city. There were no further comments from the audience and WOODS MOVED to close the public hearing. Houser seconded and the motion carried. Bennett asked that this item be placed on the Council agenda for June 21, 1994 , for action. Mayor White also urged the Council to take action at that time. COUNCIL (CONSENT CALENDAR - ITEM 3K) (ADDED BY COUNCIL PRESIDENT WOODS) Council Absence. APPROVAL of an excused absence for Councilmember Johnson who was unable to attend tonight's meeting. PARKS (CONSENT CALENDAR - ITEM 3C) (REMOVED BY COUNCILMEMBER HOUSER) R_iverbend Proposed 1994 Greens Fee Schedule. Approval of the proposed Green Fee Schedule, effective July 15, 1994 , was recommended by the Parks Committee at its April 5, 1994 meeting. This proposal follows the staff recommended fee increase schedule, but the Parks Committee added a special discount for City residents. The discount is $. 50 below 1993 greens fee rates. Houser noted that this was discussed again by the Parks Committee today who recommended that the fees be increased effective July 15th, but that the reduced fee for residents of the City be delayed until January 1st. She explained that the increase will provide funding for capital improvements such as mowers. SHE THEN MOVED to adopt the proposed rate increase effective July 15, 1994, and delay a reduced 9 June 21, 1994 CITY CODE (OTHER BUSINESS - ITEM 4A) Penal Code. The proposed emergency ordinance would amend the Penal Code, Chapter 9 . 02 KCC, to bring penalty and related provisions into uniformity with state law. As an emergency ordinance, passage requires the affirmative vote of one plus a majority (5) councilmembers. Woods noted that this item was discussed at the Public Safety Committee this date. City Attorney Lubovich explained that the Municipal Court recently dismissed a charge filed under the penal code because the penalty provision of the code defines what constitutes a gross misdemeanor under state statutes and in that particular case the state has differing penal- ties for the same comparable state charge. He noted that this ruling may impact other charges filed in municipal court. He explained that recently enacted state legislation will require that a municipality's penalties provisions be in conformance with those of similar crimes under the state, and that the proposed emergency ordinance would bring the City's penal code penalty provisions in compliance with state law. Lubovich recited the WHEREAS sections of the proposed ordinance, and noted that a slight technical change has been made to page 20 of the ordinance, which is the striking out of the last three words (under state law) rather than the last two words (state law) . WOODS MOVED to adopt Ordinance No. 3172 with the correction made to Section 9 . 02 . 96 as recommended by the City Attorney, and in so doing, adopt the findings established therein and declare an emergency as to the matter it addresses. Orr seconded and the motion carried unanimously. CURFEW (OTHER BUSINESS - ITEM 4B) Curfew/Parental Responsibility Ordinance. The proposed ordinance would establish a curfew for juveniles 15 years of age or younger between 12 midnight and 6 a.m. each day. Under this ordinance, it shall also be unlawful for any parent, guardian or other adult person to permit or allow such a juvenile to be in violation of the curfew. The monetary penalty for each 4 June 21, 1994 CURFEW violation is $150. In lieu of the monetary penalty, any person may perform community ser- vice as approved by the court (not the Human Services Commission as discussed at the last Council meeting) . This ordinance as proposed shall expire March 20, 1995 unless extended by the City Council. The City Attorney noted that since the discus- sion at the last Council meeting, Section D on page 11 of the proposed ordinance was changed to indicate that community service would be pre- scribed by the court, not the Human Services Commission. WOODS MOVED to make a letter from Carole A. Anderson a part of the record. Orr seconded and the motion carried. Woods then noted that Councilmember Bennett is not in attendance and she is unaware of what motion he would have made. SHE THEN MOVED to reject the ordinance establishing a curfew and providing for parental responsibility for juveniles. Houser seconded. Woods noted that she is comfortable with a curfew, but that state law puts a bind on any city law and limits what the Police force can do on the street. She stated that the proposed ordinance is very weak and that the only honest thing to do was to vote against the ordinance. Mann agreed that the ordinance is weak, and noted that it would not be in violation for a juvenile to be in a public place between the hours of 12 and 6 a.m. if the juvenile was exercising First Amendment Rights . He said that if a juvenile so states, a Police officer can do nothing. He said the ordinance is unenforceable and that it is unacceptable to the Police Chief, Police officers and himself. Clark pointed out that this proposal has eight exceptions, one of which is literally to encourage young people to defy the law, as noted by Councilmember Mann. He stated that the ordinance will not reduce graffiti, it won't reduce violence among teenagers and he will vote to reject it. Orr noted that in theory she supports a curfew/ parental responsibility ordinance, but that this ordinance will not solve the problems. She agreed that this ordinance is unenforceable and encouraged citizens to contact state legislators 5 June 21, 1994 CURFEW and urge them to pass legislation that would enable cities to adopt curfew ordinances which would be enforceable. She expressed reluctance to support any ordinance that the Police Chief and Police officers are not comfortable enforc- ing, and suggested providing alternatives for young people. Johnson spoke in favor of the ordinance even though it is weak, since it is a step in the right direction. He said he trusts police officers, judgement, and agreed that state legislators should be encouraged to adopt laws that will allow cities to adopt a more strict curfew. Houser noted that Police officers can already stop anyone who is com- mitting a crime or is in danger. She said that youth programs will bring kids in off the streets and will solve the problems. Mandy Silverman, 25329 121st Place SE, opposed the curfew, noting that it would divert citizens, attention to matters less important than youth, which would in turn allow youth to continue in a downward spiral. Russ Stringham, 1411 W. Smith, said he felt the decision on this issue has already been made. He agreed that the proposed ordinance is weak, and suggested writing one with some teeth. He said that perhaps by going to court, state laws could be changed. He expressed concern that potential solutions are not being tried out of fear. Louella Evelyn White, 10005 S.E. 235th, said she has never seen a curfew law solve social pro- blems. She said that youth need support from the community in the form of small centers of concern such as churches and schools . Jennifer Stokeberry, 6329 S. 251st, spoke against the curfew, noting that laws are already in place and they are not always obeyed. She said youth should be asked what they would like, and should be included in the decisions. There were no further comments and the motion to reject the ordinance establishing a curfew and providing for parental responsibility for juveniles then carried with Johnson opposed. Mayor White expressed hope that if this issue comes back in the future, that a strong, workable ordinance be written and that the courts be challenged if necessary. 6 CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE , F. PARKS COMMITTEE %I G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES JANUARY 28, 1995 COMMITTEE MEMBERS PRESENT: Jon Johnson - Chair, Leona Orr, Christi Houser STAFF PRESENT: Tom Brubaker, Becky Fowler, Arthur Martin, Brent McFall, May Miller, Kelli O'Donnell MEMBERS OF THE PUBLIC: Barbara Ivanoff The meeting was called to order at 9:33 a.m. by Chairperson Johnson. A1212roval of Vouchers All claims for the period ending January 12, 1995, in the amount of $1,266,868.44 (1994 expenses) and the period ending January 13, 1995-, in the amount of $601,471.78 (1995 expenses) were approved for payment. Authorization to Enter Into Service Agreement for the Green River International Trade Program Governmental Affairs Manager Arthur Martin explained that the proposed agreement broadened last years agreement in order to assure a greater participation of City staff in activities with Tradec and the Kent Chamber of Commerce so that as the program grows everyone is kept informed. Martin noted that it is somewhat difficult to anticipate everything since overseas participants frequently make last minute schedule changes. Arthur noted that the Trade Exchange has become the centerpiece of exchanges with Green River Community College, the City, and high school exchanges as well as business relations. He noted the first cultural exchange with Yangzhou will occur next month with a puppet troupe visit. Martin stated that the Chamber of Commerce is in agreement with this service agreement and encouraged the Committee to authorize the agreement. He noted that the funds have been budgeted and a time table and a report of last years exchange were included in the agenda package. After further discussion of the benefits, Houser asked what was meant by the "greater Kent area". Martin responded the SeaTac Airport vicinity would be used this year. Kent Chamber of Commerce Executive Director Barbara Ivanoff added that the Red Lion at SeaTac would be used since it is the only facility large enough to handle 450 people on opening day for meals, etc. Ivanoff noted the importance of keeping the exchange in the South King County area. Houser asked if a list was available of who is donating to the exchange including funding amounts. Ivanoff responded that 1995 will include Keybank,Northwest Airlines, Boeing and possibly the Port of Seattle as well as exhibitors from service firms. She explained that sponsors contribute $5,000 to $10,000 and funders are higher. Houser asked how much Auburn Chamber of Commerce was contributing. Barbara explained that their contribution consists of recruiting private sponsors within their community such as Keybank and a travel company. Martin added that they have been working with an investment group and are also considering Maanshan as a sister city to Auburn. Renton is also looking for a sister city in China. Arthur noted that Bellevue also has a considerable interest in the program and he noted the importance of keeping the program under Kent's control. Christi agreed and Ivanoff added that the City of Kent has grown a nationally recognized program. She related to the Committee an inquiry she had from the Asia Pacific Institute in Washington DC as well as coverage in national publications and recognition by the State. Barbara emphasized the struggle to hold onto the program while trying to find roles for other entities so that a competitive relationship doesn't develop with other cities. Martin stated that tentative approval has been received from the President of the Philippines to speak as the keynote for the conference and two or three new countries will be visited. OPERATIONS COMMITTEE MINUTES, Cont JANUARY zs Arthur requested that the Committee recommend to the City Council that the Mayor be authorized to enter into an agreement for the Green River Valley International Trade Program. Houser so moved, Orr seconded and the motion passed 3-0. Budget Change - Salaried. judges Position Director of Operations Brent McFall stated that the Municipal Court has continued to grow to the point where it is no longer efficient to pay the judge an hourly rate. McFall proposed that the judges position be paid at 85% of full time at Department Head Level 2. He noted that this would result in a $600 a month.savings over the hourly rate. Brent explained that as a contractor the judge currently is responsible for his own taxes, social security and health care, etc. McFall recommended the creation of the position of Municipal Court Judge as a salaried position in Department Head Salary Range 2; that the judge's position be budgeted and paid at the rate of 85% of full time; and that the budget be amended to reflect the creation of the position of Municipal Court Judge as a salaried position and the necessary funds to pay for the position be transferred to salaries and benefits from professional services. Orr asked at what point an election must occur. McFall replied that 35 hours a week is the breaking point although magistrate time does not all count as judicial hours. After further discussion, Houser suggested that municipal court facilities and staff be looked at in the next budget. Orr Moved to approve the creation of the position of Municipal Court Judge as a salaried position in Department Head Salary Range 2 to be budgeted and paid at the rate of 85% of full time and the appropriate budget changes be authorized. Houser seconded and the motion passed 3-0. December Prehminary Financial Report Finance Division Director May Miller reviewed the December Preliminary Financial Report with the Committee. She noted on page one that cash reflects bills being paid through January 20th and the Police retroactive pay for 1993 and 1994. On page two May reviewed the investments of the City and noted the charts showing the percentage by type and added that the funds kept in the State Investment Pool are liquid. In reviewing the expenses on page 7, May noted that in November projects were transferred which is a month earlier than in previous years and that the preliminary closing indicates expenses will end $200,000 under budget. On page 9, sales tax is estimated to finish at 7% over budget for the total year and after backing out one time revenue on page 10 sales tax ends at 5% over budget. Miller added that sales tax is up primarily in retail sales with significant increases in auto dealerships, building supplies, general merchandise and furniture with 3,508 businesses reporting for the month. May reviewed page 12 noting utility tax revenue ended up 4.8%. In reviewing the building permits it was noted that the number of permits was up and the total valuation was down, with RJC not expected until April. May explained that there are still some signs of growth in tenant improvement and alterations and significant activity in the industrial base. During further review, a discussion of the mini-putt marketing followed the review of the golf course revenue. May noted that the teen positions will be added in January. The Street Fund is estimated to end at$279,000 over budget which May suggested could be used for asphalt overlay. On page 30 Page 2 OPERATIONS COMMITTEE MINUTES, Cont JANUARYA 199"C'5 1 -5 May indicated that the Teen Project has accumulated$95,600 in 1994 which will be added into 1995. Page 31 shows that the Capital Improvements Funds received $345,408 over budget primarily from sales tax and real estate excise tax. May estimated that Capital Improvements will end $124,000 over budget in addition to the $486,000 reserve. After review of the remaining report, Johnson noted that he would like to see the general fund have more funds carried forward. Miller noted that 1% has been added and that 100% of salaries is always budgeted although positions are not filled immediately and turnover allows vacancies to be filled at entry level rates. There being no further business, Johnson adjourned the meeting at 10:17 a.m. Page 3 OPERATIONS COMMITTEE MINUTES JANUARY 119 1995 COMMITTEE MEMBERS PRESENT: Jon Johnson - Chair, Leona Orr, Christi Houser STAFF PRESENT: Ken Chatwin,John Hodgson,Brent McFall,May Miller,Kelli O'Donnell, Sue Viseth MEMBERS OF THE PUBLIC: None. The meeting was called to order at 9:31 a.m. by Chairperson Johnson. Approval of Vouchers All claims for the period ending December 31, 1994, in the amount of $966,441.81 were approved for payment. Kent Downtown Partnership Letter of Agreement Director of Operations Brent McFall stated that this is a proposed letter of agreement between Kent Downtown Partnership and the City of Kent. This is a continuation of the City's relationship with Kent Downtown Partnership. The City will provide $32,000 to support their revitalization efforts and promotion of downtown in twelve installments. The Partnership also has the responsibility to develop matching funds. He noted that these funds were provided for in the budget. McFall asked for the Committee to recommend to the full Council authorization for the Mayor to enter into an agreement with the Kent Downtown Partnership. Committeemember Houser so moved, Committeemember Orr seconded and the motion passed 3-0. Federal Drug and Alcohol Testing Compliance -. Risk Manager Ken Chatwin informed the Committee that the new federal drug and alcohol testing requirements are applicable to employees with commercial vehicle licenses except for police and fire who are exempt. He noted that over fifty employees are subject to testing currently under random testing and pre-employment testing would be conducted in the future. Chatwin stated that at present the only facility offering this type of testing convenient to the City would be Valley Occupational Clinic. He noted the proposal was on a fee basis and training of supervisors would also be conducted. Chatwin recommended that the first year an independent contractor should be used to comply with the law. Orr asked if the new law had been explained to employees. Chatwin responded that Sue Viseth has sent a memo out to those employees. Orr moved to approve the recommended contract with Valley Occupational Clinic. Houser seconded and the motion passed 3-0. Kent Downtown Partnership Executive Director of the Kent Downtown Partnership Linda Johnson distributed a copy of the report from the State. Johnson noted that since October of 1993, 52 new businesses had opened in the Downtown and four had expanded or relocated into the district. She explained that statistics only apply to the district but her office helps other businesses such as Ernst moving into the area. In concluding her review she noted that overall the City of Kent downtown is doing well in comparison to other cities. Worker's Compensation Claim Handling Contract Ken Chatwin explained that this is a renewal of the contract with Scott Wetzel for one year. He noted that the previous contract had been 18 months in order to move to a January 1 renewal date. The claim frequency is estimated to go down for 1995 and there has been a slight increase in prices. Currently the City pays$395 for each indemnity claim which would increase to $435 for 1995 and medical claims would be increased from$85 to $90 each. The administrative fee OPERATIONS COMMITTEE MINUTES, Cont JANUARY 11, 199,4 5 would remain the same. Ken stated that he has been pleased with the past performance of Scott Wetzel and that he feels that it would not be cost effective to do the function in-house. He noted that funds were paid out of the Worker's Compensation Trust Fund. Orr moved to recommend the Committee approve the renewal of the Third Party Claims Administrator contract with Scott-Wetzel Services Inc. Houser seconded and the motion passed 3-0. Safetv Awards Program Expansion Ken Chatwin stated that the current program was started in 1994 in response to the high claims in 1993. The result has been a reduction in claims. Chatwin noted that other factors have contributed to the reduced claims such as a change in employee attitude brought about by the new administrations settlement of labor contracts and the elimination of the fear of layoffs. He explained that there is still a need for safety awards since they help keep employees interested in looking after each other. He stated that the proposal would expand the program to all City employees. The cost per person would be lower he added. Chatwin stated the cost per month would be $2,768 which is up from $1,650. This expense would be paid out of the Worker's Comprehensive Trust Fund as a preventative measure. Orr asked how many employees would be covered. Chatwin responded that 600 would be included which should be enough to include 10 month employees but not summer help. Orr moved to approve the expansion of the safety awards program. Houser seconded and the motion passed 3-0. Golf Course Refunding Ordinance May Miller informed the Committee that this item had been approved in May to be brought forward to Council but it had been held up due to the Orange County situation. She stated that the average interest in today's market is estimated at 6.18% which is up from the beginning of the process. 4.9% of the principal amount savings is projected. The savings will accomplish two goals; reducing the debt cost and lowering the payments for three years to do golf course improvements. Miller noted that John Hodgson has put together a list of improvements and she explained that even though these are councilmanic bonds which are pledged by the City they will be paid from golf course revenue. May informed the Committee that the City is currently being rated by Moody's. She added that she had attended the Economic Development Forecast lunch where it was predicted that the region will have steady continual growth and that even though Boeing has laid off 19,000 people 30,000 new jobs have been added in other businesses. After further explanation of the area economy, May recommended that authorization be given to proceed with the bond refund. Houser asked if since we cannot do anything at the driving range because of the weather would the funds go into savings? Miller responded that it would be placed in an interest bearing account. Parks and Recreation Director John Hodgson stated that an RFP for the mini-putt will be going out on Tuesday for the design and construction of a turnkey mini-putt excluding landscaping plants which would be done in-house. He estimated that the project would be complete by June. Hodgson informed the Committee that a soil survey of the range had been done with the results showing the soil is not good and it looked like soil would have to be Page 2 OPERATIONS COMMITTEE MINUTES, Cont JANUARY 11, 199f4 S imported. It was recommended that any work on the range be done at the driest time of the year which is August. He noted that SEPA is in the process for the range, netting and synthetic turf now and it is hoped that by purchasing ads and promoting the mini-putt it will help carry revenue through construction on the range. Houser asked if any expansion of the clubhouse for youth was being considered? John responded that S.S.M.D. was proposing some type of picnic area and possibly a concession trailer if enough revenue is generated to expand the project. Miller stated that February is the projected date for sale of bonds. Orr moved to proceed with the Golf Course refinance, Houser seconded. Miller asked that authorization be given for the Mayor to sign the Refunding Trust Agreement, Orr agreed. McFall asked if the item should be placed under Other Business on the Council Agenda, Johnson stated it should be. Johnson called for a vote; the motion passed 3-0. Refunding Bona. Purchase Contract May Miller asked for authorization for the Mayor to sign the Refunding Bond Purchase Agreement. Houser so moved, Orr seconded and the motion passed 3-0. Council Rules and Procedures Committee Chair Johnson stated that he was bringing this item forward for any comments or questions and there was no timeline. Orr stated that it was her understanding that she would be working with Johnson and Bennett. Johnson replied that this was a draft and as a committee it could be worked on. Houser stated that she had a few questions. Johnson stated that he would like to ask everyone to give suggestions and work on it as a committee with Orr and Bennett. Houser asked if section 21 from resolution 1094 was included which states that a Council committee shall submit all business to the Council with or without a recommendation. Houser noted her concern that another Council member sit in on a committee and vote in Section 25 which is difficult when they may not have all the information from previous meetings. Christi questioned the need for Section 26 which seemed cumbersome. Jon replied that things have been brought to Council before without prior knowledge of department heads or even the City Attorney for review. She agreed that the provision in Section 16 for the City Attorney's review made sense but questioned the examination and approval by department heads. After further discussion Houser asked that it also be considered that sections 17 and 21 from the old resolution be incorporated into any new resolution. November Financial Report Miller reviewed the November financial report with the Committee. On page one she explained that the cash view compared from last November to this November is lower due to earlier transfers of project funds so that the books can be closed sooner. In reviewing investments, May explained on page 3 that the types of investments are distributed as indicated in secure investments. On page 7 it was noted that the general fund revenue is up 4.8% for November and 2.4% for the year. Page 8 reflects the transfers early as well as retroactive payments of Page 3 OPERATIONS COMMITTEE MINUTES, Cont JANUARY 119 1995Y5 contract salaries. During further review May indicated that the December sales tax figure had been received and sales tax will end the year at 7%over budget. She noted that page 11 shows sales tax with one time revenue backed out which indicates that there has been 5.5%real growth over what was budgeted. May distributed and reviewed a handout outlining the percentages of sales tax received by reporting category. Miller noted that utility tax is up by 5% and that building permits are up by 1%although values of building permits as shown on page 14 are way down. During May's review of the recreation fees on page 15, Christi Houser noted that the Parks Committee needs to look at fees being charged for programs. On page 16,May stated that fines and forfeitures may go up from the 2.8% increase as more accounts are turned over to collection. May explained that golf revenue was down 1.9% and that she had met with John Hodgson, Finance staff and Jim Stone to target areas to enhance revenue next year. She noted that the budget had been adjusted last month on the expense side. After May concluded her review of the remaining financial report, a discussion followed of the compensation levels of vacant positions. There being no further business, the meeting was adjourned at 10:33 a.m. by Chairperson Johnson. Page 4 KENT PLANNING COMMISSION MINUTES December 12, 1994 The meeting of the Kent Planning Commission was called to order by Chair Kent Morrill at 7:00 p.m. on December 12, 1994 in Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Kent Morrill, Chair Janette Nuss, Vice Chair Gwen Dahle Kenneth Dozier Connie Epperly Edward Heineman, Jr. Robert MacIsaac Russ Stringham Raymond Ward PLANNING COMMISSION MEMBERS ABSENT: None PLANNING STAFF MEMBERS PRESENT: James Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner Linda Phillips, Planner Matthews Jackson, Planner Betsy Czark, Planner Christine Holden, Recording Secretary OTHER CITY STAFF MEMBERS PRESENT: Roger Lubovich, City Attorney Tom Brubaker, Assistant City Attorney Gary Gill, City Engineer Ed White, Transportation Engineer APPROVAL OF NOVEMBER 28, 1994 MINUTES Commissioner Nuss stated on page six under John Kastein's comments regarding Chestnut Ridge, the minutes should read: Commissioner Nuss pointed out there was no comment, rebuttal, or even one word made in support of SF-3 by the commissioners. The only comments made were in support of SF-1 zoning with an immediate vote for SF-3 and no discussion. She offered proof of this from the tape recording of the meeting. Draft Kent Comprehensive Plan #CPA-94-1 1 Planning Commission Minutes December 12, 1994 Commissioner Heineman said on page nine, the minutes should indicate a unanimous vote to elect Commissioner Morrill as Chair of the Planning Commission for a second term. Discussions followed concerning the amount of detail that should be recorded in the Planning Commission minutes, taking particular precaution to include both sides of the issues. Director Harris said due to the quantity of material discussed at the Planning Commission meetings, verbatim minutes would be impossible, and asked that the commissioners assist by adding inadvertently overlooked important comments. It was MOVED and SECONDED to accept the minutes of the November 28, 1994 Planning Commission meeting as corrected. The motion CARRIED. ADDED AGENDA ITEMS None COMMUNICATIONS Commissioner Nuss distributed a copy of a speech given by Tonya Gilden at a Regional Housing Justice Campaign, regarding a housing situation she once faced. Commissioner Nuss said it was another opinion other than by staff and personal input. NOTICE OF UPCOMING MEETINGS Director Harris announced the City Council will meet tomorrow evening, December 13, 1994 at 7:00 p.m. in Chambers West. This will be the last meeting of the City Council for 1994. The first meeting of the new year will be on January 3, 1995. CONTINUED DELIBERATIONS #CPA-94-1 - Draft Kent Comprehensive Plan Chair Morrill opened continued deliberations of the Draft Kent Comprehensive Plan. He said responses to the issues presented at the November 28, 1994 public hearing will be heard, and the commissioners may ask questions and deliberate each issue. Upon conclusion of the issues, he said the entire plan will be open for review. PRESENTATION BY STAFF Chair Morrill introduced Fred Satterstrom, Planning Manager. Mr. Satterstrom gave a brief overview of the process involved in reviewing the remaining issues, and proposed the Planning Commission review each issue one by one. He explained the process of developing the Draft Kent Comprehensive Plan has taken one full year, and public hearings and deliberations have been conducted from July, 1994. Draft Kent Comprehensive Plan 2 #CPA-94-I Planning Commission Minutes December 12, 1994 Issue # 1 - Association of Realtors Kevin O'Neill, Senior Planner spoke concerning issues raised by the Seattle-King County Association of Realtors regarding Kent's development capacity. Mr. O'Neill described the challenges in meeting Kent's housing target without upzoning single family lands to multifamily. He said the Board of Realtors used Kent's existing zoning capacity, rather than considering Mixed Use areas, accessory units, smaller lot sizes, and flexible development standards for their determinations. He said the draft plan has already been reviewed by the Washington State Department of Community Trade and Economic Development, as well as other State agencies, who did not express any concerns about the adequacy of the land use plan. Mr. O'Neill responded to questions from the commissioners. Commissioner Stringham asked what the impact to the housing target would be if no one wanted to build mixed use developments. He said the public indicated mixed use was acceptable for the downtown area, but not on East or West Hill. Mr. O'Neill said it would be difficult to meet the targeted housing capacity without mixed use, but said mixed use would be different on the hills than from the mixed use requirements for the valley and downtown. Commissioner Nuss proposed a land use alternative which would blend Mixed Use and Urban development. She recommended allowance of higher story buildings in the downtown area, and limited mixed use on the hills. Mr. O'Neill confirmed Commissioner Stringham's statement that the DCE area of downtown has already eliminated the building height restriction. Commissioner Stringham asked Mr. O'Neill what impact on the housing capacity a zoning designation of commercial rather than mixed use would have on Pacific Highway on the West Hill. Mr. O'Neill responded the Commercial designation would have very little impact on Kent's ability to accommodate housing capacity. Commissioner MacIsaac asked whether the public strongly supported mixed use prior to the comp plan hearings. Mr. O'Neill said the idea of mixed use was universally supported throughout the variety of community involvements which included forums, the visual preference survey, and environmental impact studies. It was MOVED and SECONDED to accept the staff report regarding Issue #1. Vote: Yea - Commissioners Dahle, Ward, Heineman, MacIsaac, Chair Morrill - Nay: Commissioner Stringham, Epperly, Dozier. Abstained: Commissioner Nuss. The motion CARRIED. Mr. Satterstrom informed the Commission Issue #1 did not contain a staff recommendation as it was only an outline of the methodology used to create the housing capacities for the report. Commissioner Stringham was assured that land use changes could be made at a later time, should the commission accept the staff report. It was MOVED and SECONDED to accept the staff's report concerning Issue #1. The motion CARRIED unanimously. Draft Kent Comprehensive Plan #CPA-94-1 3 Planning Commission Minutes December 12, 1994 After discussions concerning voting on incomplete items, the commission tabled the motion on item #5. Item #6 - Commissioner Stringham Mr. O'Neill commented on Commissioner Stringham's exhibit which recommends additions to the Land Use element regarding property rights. He stated three of the goals were already included in Chapter Three of the Comprehensive Plan. Mr. O'Neill introduced Mr. Tom Brubaker, Assistant City Attorney, to further respond to Commissioner Stringham's proposal. Mr. Brubaker said, after discussions with Mr. Lubovich, Kent's City Attorney, the basic zoning issue is the problem of balancing public welfare against private needs. He said the amendments are an attempt to favor the private interest in rezoning and annexation matters. He said to favor the private interest over the desires of the surrounding neighbors would cost the City as a tax burden. Mr. Brubaker stated that an example of extreme cost to the City would be compensation for owners of down-zoned property. Mr. Brubaker responded to questions and comments on the constitutional rights of individual property owners relative to the welfare of the surrounding neighborhood. He said according to Kent's existing the zoning code, the needs of the area would prevail over the needs of the property owner. He said the Planning Commission would need to change the zoning code, should they elect to adopt the proposed amendments. Commissioner Stringham responded to Mr. Brubaker's comments. He said costs to the City would only be incurred when the property owner is denied use of their property as they wish; to favor protection of the general welfare over the rights of the individual is against the State and United States constitutions; ambiguity is imminent until the comprehensive plan and revision of the zoning code is completed and implemented; a "win-win" situation is ideal, but sometimes it is not possible; and that the term "rezone" is incorrect, as these people have owned their property for an extended period of time, and have used it as they wished and have expectations to continue use of the property. It was MOVED and SECONDED to adopt the language as originally presented by Commissioner Stringham. The motion was tabled so further considerations could be made. Commissioner Stringham MOVED to continue the issue until later this evening. Commissioner Dozier SECONDED the motion. The motion CARRIED unanimously. Transportation Issues Mr. Ed White, Transportation Engineer, responded to concerns raised by Mr. Jay Bakst at the November 28, 1994 Planning Commission meeting, as outlined in Public Works memo dated December 6, 1994. The specific issues were: 1) The policy language to support more stringent Commute Trip Reduction measures than the State requires. 2) Developing a design criteria for bicycle and other nonmotorized vehicle parking requirements, including recommending one bicycle/nonmotorized vehicle space be created for every ten vehicle spaces. 3) Encouraging incorporation of bicycle facilities in new commercial and residential development. 4) Draft Kent Comprehensive Plan 5 #CPA-94-1 Planning Commission Minutes December 12, 1994 Reenforcement of the City's construction standards for nonmotorized transportation on public streets. 5) Support of projects which promote HOV facilities. 6) Clarification of previously discussed and unresolved issues. Mr. White said changes to the land use map would affect the modeling analysis previous prepared for the comprehensive plan. Specifically, an example would be from designating the 7ankelson/Soushek property along the South 277th Street Corridor from residential to accommodate a neighborhood convenience store. He said this would create an increase in peak hour trips from five to one hundred twenty. Gary Gill, City Engineer, said the issues concerning the corridor project were originally heard during the public hearing process. He said the area affected by the corridor is inside the City limits due to the recent Ramstead annexation. He stated the intent of the corridor was to be a City bypass. Mr. Gill stated the residents did not want to see the City of Kent make wholesale land use changes along the corridor which would promote strip commercial or other major land use changes which would jeopardize their neighborhoods. He also discussed the conversion table which indicates the various zoning designations and the number of anticipated trips per acre. The commissioners asked Mr. White questions on the transportation element. Commissioner Nuss asked if the Bicycle Advisory Board had been made aware of the Chamber's comments and Mr. White said the board was aware the Chamber's comments, but due to time constraints, they had not been involved in the response. Commissioner Nuss said she felt due to fairness and respect to the Bicycle and Transit Advisory Boards, both boards should be consulted before accepting the transportation element. Discussions continued regarding the redundancy and quantity of policies contained in the nonmotorized area of the transportation element. It was MOVED and SECONDED to defer acceptance of transportation's response to the recommendations presented by the Chamber of Commerce until evaluated by the Transit Advisory Board, Bicycle Advisory Board. The motion CARRIED unanimously. Mr. Harris stated finalization of the Transportation element could take a year to complete. It was MOVED and SECONDED to accept staff's report in total. Commissioner Stringham asked when the concerns of the Transportation element would be addressed. The motion was DEFEATED. Vote: Yea - Chair Morrill, Commissioners Ward, Heineman. Nay - Commissioners Dozier, Epperly, Dahle, Nuss, Stringham, MacIsaac. Mapping Issues Linda Phillips, Planner discussed staffs recommendations for the mapping issues raised at the November 28, 1994 public hearing. Area 1 - Property on 248th adjacent to Morrill property. (Romolete, Wurster, Acheson, McLerran, Van Eynde) Draft Kent Comprehensive Plan 6 #CPA-94-1 Planning Commission Minutes December 12, 1994 Ms. Phillips said staff's recommendation remains the same as previously recommended in the staff memo dated September 6, 1994. She said, however, staff has proposed a higher density designation of SF-8 to allow increased development opportunities. Ms. Phillips said this designation would be compatible with the adjacent multifamily complexes. Commissioner MacIsaac said he felt this area should be recommended for multifamily development, and said it would also be a buffer to the parks, churches and other amenities in the area. Commissioner Stringham asked what the maximum allowed density for the comp plan designation LDMF (Low Density Multifamily). Ms. Phillips said it was 16 units per acre, which equates to Garden Density in the zoning code. It was MOVED and SECONDED to adopt Low Density Multi Family as requested by the owners of the property located at 248th, adjacent to the Morrill property. The motion CARRIED unanimously. Area 2 - Plan Map Adjustment for Terrace Olympus Apartments (Zube) Matthews Jackson, Planner, reviewed the current split zoning of the apartment complex and said staff's recommendation is to designate the entire property MDMF, Medium Density Multifamily Residential. It was MOVED and SECONDED to accept staff's recommendation to change the plan map designation of the Zube property to MDMF. The motion CARRIED unanimously. Area 3 - Request for Medium Density Multifamily for two parcels located south of 259th Street and North of Central Avenue. (Ahmad) Ms. Phillips said staff's recommendation for comprehensive plan designation for this property is to retain MDMF (Medium Density Multifamily). It was MOVED and SECONDED to accept staff's recommendation. The motion CARRIED unanimously. Area 4 - Request to redesignate property located between Frager Road and Kent Des Moines Highway from Agricultural to Industrial. (Matelich) ZP Mr. Jackson reviewed the request from Mr. Matelich which asked to allow a designation that would allow construction of an outside storage facility. Mr. Jackson said due to a variety of environmental constraints and potential increased traffic, staff's recommendation is to retain the Agricultural designation. When asked if Mr. Matelich could pursue his request as a non- conforming use, Mr. Jackson said it would not be approved as the intended use is unrelated to agricultural use. Discussions followed concerning zoning that would allow the requested commercial operation. Draft Kent Comprehensive Plan 7 #CPA-94-1 Planning Commission Minutes December 12, 1994 Mr. Harris said the City should not change the plan for just one parcel of property and that the entire Agricultural area on the west side of the Green River surrounding Mr. Matelich's property should be considered. Discussions continued regarding surrounding property owners and the existing uses of the land. Regarding soil quality, Mr. Harris said Agricultural land has a variety of uses other than for planting corn. Commissioner Stringham asked Mr. Brubaker for a clarification regarding the legal concerns of minimum lot size spot zoning as it relates to comprehensive plan designations. Mr. Brubaker said he was not aware that a law exists that states spot zoning was illegal during the comp plan process. The commissioners discussed the increasing loss of agricultural lands, and the economics of using the land for agricultural purposes. Mr. Satterstrom added that although this property was in the area classified by King County as a designated agricultural district, with a program for King County to purchase development rights, the Matelich's did not apply to sell the development rights. It was MOVED and SECONDED to accept staff's recommendation to retain the AG designation for the Matelich property. The motion FAILED. Vote: Yea - Chair Morrill, Commissioners Dahle, Nuss, Heineman. Nay - Commissioners Dozier, Epperly, Ward, Stringham, MacIsaac. It was MOVED and SECONDED to accept a Commercial comprehensive plan designation as requested by Mr. Matelich. The motion CARRIED. Vote: Yea - Commissioners Dozier, Epperly, Ward, Stringham, MacIsaac. Nay - Commissioners Heineman, Dahle, Nuss, Chair Morrill. Area 5 - Request to designate a 25 acre parcel from Agricultural to Industrial, adjacent to South 277th Street. (Nelson) Mr. Satterstrom indicated the area on the map and said King County's designation is also as Agricultural. It was MOVED and SECONDED to accept the Industrial designation as requested by Mr. Nelson. The motion CARRIED. Vote: Yea - Chair Morrill, Commissioners Dozier, Epperly, Ward, Stringham, Maclsaac. Nay - Commissioners Heineman, Dahle, Nuss. Commissioner Nuss asked Commissioner Stringham if he had considered Mr. Tidball's letter urging this area remain as agricultural farmland. Commissioner Stringham said he wished to go on record as being sympathetic to Mr. Tidball's needs, but supported Mr. Nelson request because the property had been in the Nelson family for over one hundred years, while Mr. Tidball purchased his property in 1976. Commissioner Stringham said there were ways to mitigate the impact on Mr. Tidball's property if and when industrial development occurs. Area 6 - Request for comprehensive plan designation appropriate for vehicle-oriented convenience store at 116th Avenue and Kent Kangley Road. (Jankelson, Soushek) Draft Kent Comprehensive Plan 8 #CPA-94-1 Planning Commission Minutes December 12, 1994 Ms. Phillips said staff's recommendation remains single family for this parcel. Comments from commissioners followed concerning whether future transportation improvements would allow for the requested development, and the existing traffic congestion in this area. Mr. White said not only should the through traffic be a factor in the traffic congestion and safety, but also the impact turn lanes and the traffic signal would create. He said he thought completion of this project would occur within two years. It was MOVED and SECONDED to accept staff's recommendation of single family. The motion CARRIED. Vote: Yea - Commissioners Epperly, Dahle, Heineman, Ward, Stringham, MacIsaac and Chair Morrill. Nay - Commissioners Nuss, Dozier. Mr. Satterstrom asked the commission to bring forward any unresolved issues for discussion and resolution. Tabled Issue #5 - In regards to LU-22.5 which links grade and fill permits to building permits, Mr. Satterstrom suggested the second sentence of the policy say, "Grade and fill permits which do not include site development plans may be issued by the City where such activities do not disturb sensitive areas such as wetlands." Commissioner Nuss asked if it was possible for individuals to fill agricultural lands in an attempt to use the land for commercial purposes. Mr. Satterstrom said a zoning requirement presently exists for agriculturally-zoned parcels that prevents landfilling except for farming activities or structures. It was MOVED and SECONDED to accept Mr. Satterstrom's change of wording for LU 22.5. The motion CARRIED unanimously. Tabled Issue #6 - Regarding proposed LU-28.1, Commissioner Stringham stated a recommended change from the City Attorney which changes the wording, "all annexation zoning discussions" to "consider all area-wide rezoning decisions." It was MOVED and SECONDED to adopt Commissioner Stringham's policy proposals as originally written, except for the amendment to LU-28.1 made by the City Attorney which states, "All area-wide rezoning decisions should consider continuation of existing uses and developments." Commissioner Stringham answered questions from the commissioners. He said his proposal meant a property could not be down-zoned unless the owner was properly compensated. The issues was raised about how this change would affect the existing form of city government as it relates to protecting the public welfare over the wishes of the individual property owner. Discussions followed regarding the intent of the law, the constitutional rights of property owners and that previously, compensation had been neglected for owners during the wetlands issue. Mr. Draft Kent Comprehensive Plan #CPA-94-1 9 Planning Commission Minutes December 12, 1994 Brubaker said the City could possibly go bankrupt should it be responsible to pay each time property is rezoned for the benefit of health, safety, and welfare. The motion CARRIED. Vote: Yea - Commissioners Dozier, Epperly, Ward, Stringham, MacIsaac, Chair Morrill. Nay - Commissioners Dahle, Heineman. Abstained - Commissioner Nuss. Tabled Transportation Issue - Mr. Satterstrom informed the commission the Transportation Element was accepted on November 21, 1994, as well as other issues including revenues, housing targets and bike paths. Discussion followed pertaining to the prior vote to accept the ve transportation element, and the time-frame needed for staff to complete the areas to be revisited by the Bicycle and Transportation Advisory Boards. Mr. White said the BAB and the KTAB should have a response to the Chambers comments by February, when the City Council reviews the plan. Commissioner MacIsaac raised several safety concerns and the City's possible liability in case of injury accidents, should bicycle paths be approved. It was MOVED and SECONDED to accept the Transportation element as it was previously accepted on November 21, 1994, with the recommendation made by Mr. Satterstrom for the coordination of the Kent Transit Advisory Board, Bicycle Advisory Board and the Chamber of Commerce. The motion CARRIED. Vote: Yea - Chair Morrill, Commissioners Nuss, Dahle, Epperly, Ward. Nay - Commissioners Stringham, Dozier, MacIsaac. Chair Morrill asked the commission to identify any other items they felt needed to be discussed. Commissioner Heineman asked to revisit items which appeared in previous minutes which were not unanimously accepted, by vote or by non-attendance of a commissioner. Commissioner Nuss requested a commercial designation for an area on West Hill located across the street from Fred Meyer on Highway 99 which has been designated mixed use. She shared a personal violent experience, as well as murders and shootings to emphasize increased crime in this area. She said the decisions of the Planning Commission affect people's lives. It was MOVED and SECONDED to accept a commercial zoning designation, as it appears on the existing plan for the area on Highway 99, across the street from the Fred Meyer Shopping Center. The motion CARRIED unanimously. As a point of clarification, Commissioner Nuss stated the property is on the west side of Highway 99. Commissioner Dozier requested further consideration of the property located at 116th and Kent Kangley Road, (Short Stop Grocery, previously the Totem Pole) currently designated as single family. He said the owner of the property, Karen Rehkop had requested a change to a commercial designation. It was MOVED and SECONDED to change the comprehensive plan designation from residential to commercial for the Reykop property located at 116th and Kent Kangley Road. The motion CARRIED unanimously. Draft Kent Comprehensive Plan 10 #CPA-94-1 Planning Commission Minutes December 12, 1994 Commissioner Heineman asked to revisit several areas of the comprehensive plan. These areas included Horseshoe Acres, property located at 248th adjacent to the Morrill property, proposed commercial designation for area on West Hill, Dr. Ranniger's property and Michael Skehan's level of service recommendations. He also wished to revisit the Chestnut Ridge recommendation of SF-3. Commissioner Dahle said the Planning Commission recommended an SF-1 designation for the Chestnut Ridge (Ross site) area to the City Council just one year ago, when this area annexed into the City. She said she did not think the Council would accept the recommendation to change the designation to SF-3. It was MOVED and SECONDED to accept the original ordinance the City Council passed which designates this area as SF-1. Discussions followed regarding the need for high density housing, including the use of Planned Unit Developments and Cluster housing in single family areas to meet the requirements of the Growth Management Act. It was stated that with an SF-3 designation, this area could possibly add 84 houses, creating major negative impacts to the entire area. Also discussed were the steps necessary to implement the Planning Commission and City Council decisions. Commissioner Epperly said she had visited Dover Court, Kent's only PUD, and asked the residents of Dover Court and surrounding neighborhood what, if any, negative impacts this type of housing development has created. Commissioner Epperly said their comments were positive. The motion was restated. The motion FAILED. Vote: Yea - Commissioners Dahle, Nuss, Ward, Heineman. Nay - Chair Morrill, Commissioners Dozier, Epperly, Stringham, Maclsaac. Commissioner Dozier requested a confirmation that the comprehensive plan designation for the Ranniger property was changed to commercial. Mr. Satterstrom said the recommended plan designation was changed to Neighborhood Services. Commissioner Dahle asked when specific zoning for each of the properties represented by the letters would be addressed. She was told all of the submitted exhibits had been deliberated by the commission. Commissioner Nuss presented "Alternative 4" to the commission. She read: "After several months of research, testimonies, and deliberations, it is with great pleasure that I present Alternative 4, the Mixed/Urban density for your approval. This alternative is a blending of both alternatives depicted in the land use videos presented last spring. Instead of 4-6 story buildings from the mixed use alternative or 8-10 story buildings found in the urban use alternative, alternative 4 creates buildings in the downtown core resulting in 6-8 story buildings. This mixed/urban alternative makes downtown the central focal point for businesses, commuter rail, and a general hub for activity. Draft Kent Comprehensive Plan 11 #CPA-94-1 Planning Commission Minutes December 12, 1994 It recognizes our agricultural farmland as significant and maintains the idea that although the mixed use concept is desired out on the east and west hills, it does so in a limited fashion. Although many citizens chose mixed use as the preferred alternative in the land use survey, it became blatantly apparent during the hearings that when they were faced with the reality of a mixed use concept, support was lost. By limiting the amount of mixed use on the east and west hills, needed services will still be available but not at the risk of distracting the overall character of the areas. Alternative 4 maintains a variety of affordable housing, creates vitality in the downtown core, while at the same time balances the interests of the residents out on the two hills. Because it is not as severe as the urban density concept, it satisfies the concerns raised by the planning department over whether or not the valley floor could withstand the urban density. Most importantly, alternative 4 allows for more flexibility respecting not only the citizens desires, but the networking between city departments and supports organizations such as the Kent Downtown Partnership. Commissioner Nuss MOVED to accept Alternative 4, and Commissioner Epperly SECONDED the motion for discussion purposes. Commissioner Stringham asked if Alternative 4 would affect the other elements. Mr. O'Neill answered it would, as the comprehensive plan is a package with the other elements and the land use plan map. The motion FAILED. Vote: Yea - Commissioner Nuss. Nay - Chair Morrill, Commissioners Dozier, Dahle, Epperly, Ward, Heineman, Stringham, MacIsaac. Commissioner Ward MOVED to recommend adoption of the Executive Proposed Comprehensive Plan dated July 18, 1994 with the following changes: 1) Incorporation of addendums A, B, C & D as described in staffs memorandum to the Planning Commission dated November 21, 1994. 2) Incorporation of plan text and/or map modifications presented to the planning commission at tonight's meeting. Chair Morrill SECONDED the motion. Discussions followed with Commissioner Dahle expressing her objection to the large amount of money allocated for Parks and Capital Improvement programs. She said she understood each element would be revisited after the straw vote was taken. The motion FAILED. Vote: Yea - Chair Morrill, Commissioner Ward. Nay - Commissioners Dozier, Dahle, Nuss, Stringham, Heineman, MacIsaac. Chair Morrill asked the commissioners to address specific issues so the comp plan recommendation can be completed. Commissioner MacIsaac agreed with Commissioner Dahle's concerns, saying he felt too much money was delegated to Parks while public safety issues are ignored. He also said no funding Y appeared to be allocated to repair older streets and sidewalks, to meet City standards. Draft Kent Comprehensive Plan 12 #CPA-94-1 Planning Commission Minutes December 12, 1994 Director Harris read from the November 21, 1994 minutes affirming the commission had voted and approved the Transportation and Capital Facilities elements, per staff's recommendation. He explained the Planning Commissions' role in adopting the comprehensive plan is to set the policies, and the City Council's responsibility is to make decisions on money allocations. He stated the public safety financing in questions was included in the General Fund, as previously explained by May Miller. Commissioner Nuss said after being unable to attend the November 21, 1994 meeting, she met with department heads who answered and explained many of her financial questions. Commissioner MacIsaac stated several areas of the plan he felt needed further deliberation. Commissioner Nuss said it would be very difficult to have all nine commissioners in agreement, and they should be flexible and move forward, and recommend the plan to the City Council. She wished to go on record saying she was comfortable with the plan, including staff's responses. Commissioner Ward said the City Council were the elected officials of the City, and therefore should be responsible for allocating the money. He said the Planning Commission should make a recommendation of a viable plan, for the citizenry and for ourselves. Mr. Satterstrom said Planning's workload is stacking up, and recapped several upcoming projects such as annexation zoning, the adult use business moratorium issue, and writing zoning implementation. He said certain grants would be ineligible until the comprehensive plan is adopted. Commissioner Stringham said he thought the plan could go forward with a "Nay" recommendation. Commissioner Nuss asked Commissioner Ward to repeat his prior motion to adopt the Plan. Commissioner Ward MOVED to recommend adoption of the Executive Proposed Comprehensive Plan dated July 18, 1994 with the following changes: 1) Incorporation of addendums A, B, C & D as described in staff's memorandum to the Planning Commission dated November 21, 1994. 2) Incorporation of plan text and or/map modifications presented to the planning commission at tonight's meeting. Commissioner Nuss SECONDED the motion. Mr. Satterstrom stated for the record, the topics of the aforementioned addendums. They are: A - Comprehensive Plan mapping revisions, B - Policy and Text revisions, C - Revised Capital Facilities Element, D - Transportation Financing and Implementation revisions. The motion CARRIED. Vote: Yea - Chair Morrill, Commissioners Dozier, Nuss, Ward, Heineman. Nay - Commissioners Dahle, Stringham, Epperly, MacIsaac. Draft Kent Comprehensive Plan 13 #CPA-94-] Planning Commission Minutes December 12, 1994 GOOD OF THE ORDER Commissioner Dahle said she hoped the City Council would receive a copy of the minutes of tonight's meeting to see how the members of the Planning Commission feel about the expenditures and the way the City spends money. Chair Morrill thanked the commission and staff for the amount of time spent on the comprehensive plan. He said everyone can attend the City Council meetings to express individual feelings, and that the Council should know that recommendation of the comprehensive plan was by a very close vote. Director Harris congratulated the Planning Commission for their focus, amount of time spent and good work performed on the plan. He said their efforts will be recognized by the public and by the City Council. Commissioner Stringham thanked staff for their extraordinary patience in dealing with the commission. Several Commissioners voiced their gratitude in unison. It was MOVED and SECONDED to adjourn the meeting. The motion CARRIED. The meeting closed at 10:50 p.m. Respectfully submitted, je es P. Harris ording Secretary Draft Kent Comprehensive Plan 14 #CPA-94-1 PUBLIC WORKS COMMITTEE JANUARY 23, 1995 PRESENT: Paul Mann Tom Brubaker Tim Clark May Miller Jim Bennett Robert Taylor, MCI Metro Don Wickstrom Brian Lauler, MCI Metro Gary Gill MCI Metro Franchise Agreement Brubaker stated that pursuant to the previous Committee, he had made some changes to the draft franchise ordinance. He said that there were two basic changes; the description of the facilities from the telecommunication system to a fibre optic cable together with necessary appurtenances - the idea being to clarify the purpose for which this system is being used at this time and more importantly, clarification that the system is going to be installed for the sole purpose of conducting a telephone business as defined by the applicable RCW. Any use outside that will require an addendum to this franchise or an entirely different franchise agreement. Brubaker further explained that the other major change is that this has been drafted as a 5 year franchise rather than a 10 year franchise although it is automatically renewable at the end of the 5 year period. This draft includes some restrictive language which requires MCI Metro to provide the City with written notice of the automatic renewal date 6 months prior to the renewal date. Brian Lauler noted they (MCI) preferred that the language "telecommunication" rather than "Fibre optic cable" remain in the agreement because MCI cannot assure that 100% of the installation will be fibre optic. Committee concurred that "telecommunication" would remain in the agreement Committee unanimously recommended authorization to set February 7th as the first reading (review) of the MCI Metro Franchise Agreement followed by the second reading on February 21 st with the appropriate language as set forth. Drainage Utility Rates Wickstrom explained that we are proposing a 6 year Capital Improvement Program which totals $25,455,00 over that six year program. He stated that the first three years '95, '96 and '97 address our flooding concerns. Wickstrom said that previously we were looking at just financing the first year rate however we have a major project, which is the Valley 1 Detention, and that could take two years to fund because of its size. We are proposing to look at '95 and '96 rates - the '96 rates would not go into affect until January 1, 1996 but it would be part of our recommendation to include those two year rates increase. Wickstrom said that the '95 program is primarily concentrating on the Valley Detention project (a $9 Million project) and the flooding up on Garrison Creek. He said that we have constructed the trunk system up thru the Benson Shopping Center however, all that does is push the water down into the valley. He explained that a big part of resolving the flooding issue is constructing a detention system at the top of 98th Ave. Wickstrom further said that '96 is strictly financing the Lagoon project and '97 is to finish financing of reconstruction of the culverts along Mill Creek. With said reconstruction the flooding problems along Mill Creek from Bowen Scarff to the Senior Center would be resolved. To do so will require that we replace all the existing culverts that cross the various roads and some of the driveways. In order to do that, we will be spending about $800,000; in '97 we will have the balance of the money to complete it. Wickstrom said that by the end of'97 we should have all the flooding issues addressed that were originally brought forward. In '98 thru the year 2000, we will be primarily addressing water quality problems. Wickstrom stated that the '95 rate increase is a basin by basin rate; it varies with the basin. It has a basic charge that everyone pays and if a resident is in a basin that has alot of capital improvements than that basin specifically pays for those types of improvements. Wickstrom said that our proposed rate increase varies from a low of $0.49 per month/per single family residence to as high as $2.70 per month. The '96 rate will add another $0.41 per month to as high as $0.82 per month/per single family residence. Wickstrom referenced a Table which shows the net impact for various class of customers. Wickstrom explained that the other issue in this rate increase proposal is that instead of forming the ULID which we were originally looking at to help finance the Valley Detention project, we want to put those costs into the rate structure. He stated that the only reason we looked at a ULID in the past is because when we started the project, we didn't have a Drainage Utility. He said if we were to do a ULID, we would not be able to construct the project this year and in order to implement it we need to get the project under contract by May. We will be moving 600,000 yds of material and groundwater is a key factor. In order to move that amount of yardage in one year we have to begin now; we couldn't get a ULID formed with all the preliminary meetings, hearings and protests. Wickstrom said that in retrospect, we feel it is easier to implement; we just fold it into the rate; we can do the project this year and start to show some proof of the money that we will be spending. Wickstrom said that if the Committee concurs, we suggest that a public hearing be held and take testimony. In response to Clark's question on funding of the Lagoon project, Wickstrom stated that the rate increase for same is to be born by the customers within that basin. He said the primary reason we are asking for a two year rate increase; one now and one which would 2 automatically go into affect January 1st is, that would enable us to award the Lagoon project as one contract. He said that otherwise we would need to break it up into a $9 Million contract; and a $3 Million contract but because the way the project all fits together, it doesn't break up that simply. He explained that the big bulk of the work is excavating. It doesn't lend itself to separate out $3 Million worth of the work and have a separate contract in 1996. Clark said that in essence we are asking to fund two projects in one. Wickstrom said that approving a rate in '95 and approving a '96 rate will allow us to award the Lagoon project as one big project. Wickstrom stated that if we don't have approval of the second year rate increase, we can't guarantee that we would have the money; the plans and specs would then have to be cut back in such a manner to get one contract under $8 Million and than another worth $3 - $4 Million the following year, which would be much more difficult to get good bids. Wickstrom explained that the ULID related to a specific basin; the balance was to be financed by the remaining portion of that same basin. We merely separated out a little portion of this bigger basin to finance its share by the ULID vs. a rate increase. In response to Bennett, Wickstrom said that everybody in Mill Creek basin is paying for this particular project because it is benefitted and impacted by everybody within that basin. Bennett opened discussion on the manner in which the Action requested on this item was worded and took exception with a portion of it. He said he would not vote at this time, to accept rates until he hears from the people that are affected by these rates. Clark stated that this was the purpose of the hearing. Committee voted 2-1, to authorize setting a Public Hearing before the full Council on the Drainage Utility Financial Plan & Revenue Program. Further, should no significant testimony be offered requiring modification thereto, Committee recommends adopting same including implementation of the first and second years' rates. West Titus Street - Street Vacation Wickstrom explained that this is a portion of Titus Street, west of 5th Avenue wherein we have received a petition for vacation and this is a request to set a public hearing date for that vacation request. Committee unanimously recommended setting a hearing date for the Titus St. street vacation. Charge in Lieu of Assessment - 116th Ave Watermain W`L kstrom stated that this portion of 116th Ave is a part of the 277th Corridor; the de,.eloper will be regrading that area associated with the development of Kingstone Plat which will expose the existing 12" waterline. Wickstrom explained that we relocated the main to the west and put it along 117th PI and tied it back down into the watermain on the south end. He said that there was a Charge in Lieu of Assessment on the main to begin with and in its relocated area, we are requesting the relocation of that Charge in Lieu of Assessment to the new fronting properties. Wickstrom noted that these properties will only be paying the 1975 dollar amounts that we originally established. Committee unanimously recommended recording the Charge in Lieu of Assessment and collect the specified fees at the time of permit application. Fracter Road Guardrail Installation Wickstrom explained that this is a guardrail for the balance of Frager Rd.; it is an ISTEA grant for $72,222 and we are asking that the Mayor be authorized to sign the agreement. Committee unanimously recommended authorization for the Mayor to sign the agreement and establish the budget for same. St Improvements/No Protest LID Covenants Wickstrom explained that this was an issue that came forward when we formed the Rust's LID about whether or not we should start requiring improvements up-front vs. grant LID covenants. Wickstrom referred to three Ordinances which allows us to require up front improvements and specifically Ordinance #2224 which allows us to require certain improvements with a building permit. That particular ordinance authorizes the use of No Protest LID covenants as a means to do so, particularly when the adjoining or abutting properties are substandard. He noted that this is the direction we have been following over the years and we have formed a lot of LID's. Wickstrom referred to a list of LIDs in the Committee packets. The covenants also had a part to play in these and that totaled up to about $32 Million worth of improvements; the LID paid almost $25 Million. Wickstrom noted that he strongly felt that we wouldn't have these projects if we took a parcel by parcel approach. We would end up with a hodge podge of misaligned and mismatched pieces of improvements because these developments don't occur adjacent to each other; nor simultaneously. Over time, there are different engineers doing the design of a particular road section; the engineer's design needs to not only address the existing conditions but it also must meet an ultimate plan which in some cases, we don't know what that ultimate plan is for that particular road section. He also went on to say that different inspectors and different plan reviewers would be involved on the City's behalf; so when trying to combine all these together for a well finished product, it's difficult to do when talking about a parcel by parcel approach. Wickstrom again noted that we have alot of LID covenants and we implemented alot of improvements ($32 Million); we would not be able to come up with the $24 Million. Not 4 only did we implement alot of LID's, there have been a number of developments which required improvements where they have abutted up to existing improvements and it was a matter of simply telling them to carry on the typical improvement. Wickstrom said it has been a combination of a case by case analysis on each individual project. In the long term, LID's are a critical factor for us implementing our infrastructure; they have been in the past and will be in future. They are part of our Six Year Street Plan to finance those improvements that are needed to meet the Growth Management Act. He noted that LID's have also provided the financing in terms of economic development. Wickstrom further stated that this has been a successful program; the City has benefitted significantly. He suggested that perhaps the Committee would want to hold a public hearing and invite the development community in to hear what they have to say about which way they want to go. Committee unanimously concurred that this item should be brought to the Council retreat of February 3rd for discussion. Holding a public hearing would be decided upon after Council has discussed it further. Added items: Restrooms at the Golf Course Bennett stated that a permanent restroom should be installed in the golf course. He requested that Wickstrom look into this. Contractor Funds on City Projects Mann asked if there is a way to monitor where the money comes from for backing contractors on City projects. He referred to a situation in New York where 'mob' money was used to back some of the projects going on at this time. Brubaker said that we do not have any mechanism at this time to monitor any criminal activity however, there may be some way to determine who the financial backers are on a project. Earthquake Preparedness Mann asked what steps we could take to determine if our utility infrastructures are earthquake safe. Wickstrom stated that we have the funding to determine the weak points in our infrastructure however we do not have the staff to follow thru at this time. Committee concurred unanimously that they support the need to resolve this issue. Meeting adjourned: 5:45 P.M. 5