HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/18/1996 City of Kent
Cit Council Meeting
Agenda
CITY OF
Mayor Jim White
Council Members
Christi Houser, President
Jim Bennett Jon Johnson
Tim Clark Leona Orr
Connie Epperly Judy Woods
June 18, 1996
Office of the City Clerk
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
June 18 , 1996
Council Chambers
7 : 00 p.m.
MAYOR: Jim White COUNCILMEMBERS: Christi Houser, President
k Connie Epperly
Tim Clark Jim Bennett Jon Johnson Leona Orr Judy Woods
CALL TO ORDER
ROLL CALL
1. PUBLIC COMMUNICATIONS
A. Regional Justice Center Update
B. Natural Medicine Update - Merrily Manthey
2 . PUBLIC HEARINGS
None
3 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. Councilmember Absences
D. Hillside Manor Rezone RZ-96-1 - Set Meeting Date
E. Glen Kara Replat SU-96-13 - Set Meeting Date
F. Natural Medicine Clinic - Resolution 14-710
G. Meadow Ridge Elementary Sewer Extension - Latecomer
Agreement - Authorization
H. Special Recycling Events and Business Recycling
Program - King County Grant Agreement - Authorization
I. Kiwanis Club Donation - Kiwanis Tot Lot #3
J. Kent Lions Club Donation - Yangzhou Park
K. Meridian Community Public Participation Art Project
L. MacIsaac Sanitary Sewer Extension - Bill of Sale.
M. West Valley Highway Properties - Condemnation 'Ordinance32`1�
N. South King County Housing Forum - Set Workshop Date
O. Meridian Stream Buffers Interim Zoning Controls
Extension - Ordinanc 3 30L
Xc
4 . OTHER BUSINESS
A. Councilmanic Bond Issue - Ordinance and Purchase
Contract
B. Cherrywood Preliminary Plat SU-95-9
C. Comprehensive plan Amendment - MC-1 Zoning District
(CPA-96-2) Or finance -� t;,�,
5 . BIDS
A. Emergency Electrical Generation Systems for Fire
Stations 73 and 76
6. CONTINUED COMMUNICATIONS
7 . REPORTS
8 . ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay
service call 1-800-635-9993 or the City of Kent(206)854-6587.
PUBLIC COMMUNICATIONS
citizens wishing to address the Council will, at this time,
make known the subject of interest, so all may be properly
heard.
A) Regional Justice Center Update
B) Natural Medicine Update - Merrily Manthey
CONSENT CALENDAR
3 . City Council Action: � ^ ^ /
Councilmember " moves, Councilmember I�VV
seconds that Consent Calendar Items A through be approved.
Discussion
Action i1 l
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
June 4 , 1996, with the following correction to Item 3A: June 7 .
1996 should say May 21, 1996.
Approval of the following addition to the minutes of May 21,
1996, Item 4B, No Parking Zone - Lake Meridian: Woods seconded
and the motion carried.
3B. Approval of Bills.
Approval of payment of the bills received through May 15 and
May 31 paid on May 15 and May 31, 1996, after auditing by the
Operations Committee on June 5 , 1996 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
5/15/96 168730-169366 $2 , 097 , 118 .98
5/31/96 169367-169993 1 989 ,598 . 99
$4, 086, 717 .97
Approval of checks issued for payroll for May 16 through
May 31, 1996, and paid on June 5, 1996:
Date Check Numbers Amount
6/5/96 Checks 211843-212240 $ 271, 205 . 87
6/5/96 Advices 34958-35397 551 787 . 02
$ 822 , 992 . 89
Council Agenda
Item No. 3 A-B
Kent, Washington
June 4, 1996
Regular meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor White. Present: Councilmembers Clark,
Epperly, Johnson, Orr and Woods, Operations Director/ Chief of
Staff McFall, City Attorney Lubovich, Planning Manager
Satterstrom, Public Works Director Wickstrom, Police Chief
Crawford, Fire Chief Angelo, Parks Director Hodgson, Finance
Director Miller, and Human Resources Director Viseth.
Approximately 40 people were at the meeting. Councilmember
Houser was excused from the meeting.
PUBLIC Employee of the Month. Mayor White announced
COMMUNICATIONS that Alex Ackley of the Facilities Division of
the Finance Department has been named Employee of
the Month for June. He noted that Ackley is
respected for his vast knowledge of electrical,
heating, ventilation, air conditioning, plumbing,
woodworking, and horticulture. He pointed out
that Ackley is known as "Mr. Fix-It" and always
goes the extra mile to ensure that City employees
are comfortable in their work environment.
Ackley was also commended for his sense of humor,
which he displays in abundance.
Kent Performing Arts Center Update. Parks
Director Hodgson noted that a plan has been
developed regarding operating such a facility.
He pointed out that one option is to enter into
some form of a private non-profit public partner-
ship. He said that recently they have applied
for and received the beginnings of a non-profit
status and are now in the process of formulating
a Board. He added that Mr. Williams, a loaned
executive from the Boeing Company, will be work-
ing with them for the next two years, on issues
such as Board formation, developing a plan to
build the facilities and take it to the voters,
and then putting the management structure into
place. Pat Curran thanked Boeing for their
support. Councilmember Woods pointed out that
the goal of the committee is to work very
actively in the community to ensure that there is
a 50-50 match, so that half the money had been
committed prior to Council being asked to go to
the voters with the proposal. She said there is
now a greater possibility of this reaching
fruition.
Introduction of Mayor's Appointees. Mayor White
introduced Mike Etzell and Don Walkup, his
appointees to the Transit Advisory Board.
1
June 4 , 1996
PUBLIC Flag Day. Mayor White read a proclamation de-
COMMUNICATIONS claring June 14, 1996 as Flag Day in the City of
Kent, and urged all citizens of Kent to pause at
7 : 00 p.m. EDT for the 14th Annual PAUSE FOR THE
PLEDGE OF ALLEGIANCE TO THE FLAG, and join all
Americans in reciting the Pledge of Allegiance.
He noted that Flag Day celebrates the nation' s
symbol of unity, a democracy in a republic, and
stands for our country' s devotion to freedom, to
the rule of all, and to equal rights for all.
Dr. Lawrence Dona Day. Mayor White noted that
Dr. Lawrence Dona has been a Kent physician for
many years, and for many of those years he served
as Unofficial City Physician On Call. " He noted
that Dr. Dona' s willingness to help when needed
developed into a long and very close relationship
with the Kent Police Department. He then de-
clared June 5, 1996, as Dr. Lawrence Dona Day in
the City of Kent, and urged all Kent citizens to
recognize and appreciate the years of volunteer
service that Dr. Dona provided to this community
and its residents. Dr. Dona expressed his sur-
prise and appreciation, and said it is nice to be
remembered.
CONSENT JOHNSON MOVED that Consent Calendar Items A
CALENDAR through T be approved. Woods seconded and the
motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
APPROVAL of the minutes of the regular Council
meeting of June 7 , 1996 .
HEALTH & (CONSENT CALENDAR - ITEM 3S)
SANITATION Dover Park - Bill of Sale. AUTHORIZATION to
accept the Bill of Sale for Dover Park submitted
by Dover Park Investors for continuous operation
and maintenance of 1 , 073 feet of sanitary sewer
improvements and release of bonds after expira-
tion period, as recommended by the Public Works
Director. This project is located in the vi-
cinity of S.E. 263rd Place and 124th Avenue S.E.
PUBLIC WORKS (BIDS - ITEM 5A)
Meridian Asphalt Overlays 1996. Bid opening was
held on Wednesday, May 29th with 2 bids received.
The low bid was submitted by Lakeside Industries,
Kent, in the amount of $197 , 727 . 00. The
Engineer' s estimate was $219 , 736 . 00.
2
June 4 , 1996
PUBLIC WORKS The project consists of asphalt overlay work
within a portion of the Meridian Annexation area.
It is the recommendation of the Public Works
Director that this contract be awarded to
Lakeside Industries for the bid amount of
$197 , 727 . 00 . CLARK MOVED that the Meridian
Asphalt Overlay 1996 contract be awarded to
Lakeside Industries for the bid amount of
$197 , 727 . 00. Epperly seconded and the motion
carried.
RAILROAD (CONSENT CALENDAR - ITEM 3R)
Burlington Northern Santa Fe Railroad Intermodal
Hub Facility - Reopening of Stampede Pass.
ADOPTION of Resolution No. 1475 which affirms the
City' s support of Auburn' s efforts to require the
Burlington Northern Santa Fe Railroad to mitigate
the impacts of its proposed reopening of the
Stampede Pass rail route and its proposed
Intermodal Rail Hub to be constructed in Auburn.
SURPLUS (CONSENT CALENDAR - ITEM 3I)
EQUIPMENT Surplus Vehicles 6 Equipment. AUTHORIZATION to
declare certain Equipment Rental vehicles and
equipment no longer needed by the City, as
surplus and authorize the sale thereof, as
recommended by the Public Works Committee.
ANNEXATION (OTHER BUSINESS - ITEM 4A)
Meridian Valley Annexation AN-96-1. This date
has been set to meet with the initiators of the
Meridian Valley Annexation, an area of approxi-
mately 891 acres located on the eastern edge of
the City, east of 132nd Avenue S.E. to 148th
Avenue S.E. , and between S.E. 235th and S.E.
256th. Staff recommends that Council accept the
10% annexation petition and authorize circulation
of the 60% petition, subject to the City' s
existing indebtedness.
Planning Manager Satterstrom pointed out the area
on a map and noted that the population is esti-
mated to be 3 , 500-4 , 000 . He said that the area
is primarily single-family residential, with a
commercial area at the intersection of 240th S. E.
and S. E. 132nd. He pointed out that total
assessed value is approximately $270, 000, 000, and
that the revenue estimate is approximately
$1, 300, 000. He added that a staffing and capital
equipment needs study is underway. Satterstrom
noted that this annexation is consistent with the
3
June 4 , 1996
ANNEXATION policy intent in Resolution 1150 and recommended
acceptance of the 10% petition and authorization
circulation of the 60% petition subject to City
indebtedness.
ORR MOVED that the proposed Meridian Valley
Annexation Area boundaries be established as
presented by staff, that the 60% petition for
annexation as set forth in RCW 35.A. 14 . 120 be
authorized for circulation in the Meridian Valley
Annexation area, that the area, upon annexation,
be subject to its proportionate share of the
existing indebtedness of the City of Kent, and
that the area be subject to the interim zoning
requirements for newly annexed areas set forth in
the Kent City Code. Woods seconded and the
motion carried.
PLATS (CONSENT CALENDAR - ITEM 3P)
Cherrywood Preliminary Plat SU-95-9. AUTHORI-
ZATION to set June 18 , 1996, as the date for a
public meeting to consider the Hearing Examiner' s
recommendation of conditional approval for a
preliminary plat application (SU-95-9) by W.E.
Ruth and Jerry Prouty. The property is located
at 26235 114th Avenue S.E.
(OTHER BUSINESS - ITEM 4B)
Stonegate Knolls Preliminary Plat SU-96-18. The
Stonegate Knolls Preliminary Plat is located
south of S. 240th Street between 116th Avenue
S.E. and 120th Avenue S.E. The plat is 18 . 58
acres in size. The preliminary plat was approved
with conditions by the Office of the Hearing
Examiner of King County (File No. L95P0002) and,
upon annexation to the City, the preliminary plat
came under Kent' s jurisdiction.
Planning Manager Satterstrom pointed out the
location on a map and noted that there are 79
lots proposed. He explained that the applicant
for the plat is Centex Homes in Bellevue, who
applied for the preliminary plat in January,
1995, while it was under the jurisdiction of King
County. He noted that King County DDES conducted
an environmental review in October of 1995, the
King County Hearing Examiner held a hearing in
November of 1995 and rendered a decision early in
December of 1995 . He explained that adjacent
property owners appealed that recommendation. He
noted that there was no interlocal agreement with
4
June 4 , 1996
PLATS the County until March 20, 1996. He said that
there were discussions between the city, the
appellants and the applicants primarily regarding
emergency access and drainage. He noted that on
March 22 , 1996, the Hearing Examiner for King
County administratively reopened the hearing,
entered some additional information, held a
public hearing and then reissued a decision on
April 23rd and forwarded his recommendation to
the Kent City Council. He explained that accord-
ing to the interlocal agreement, any application
that was in process would continue to be pro-
cessed by a Hearing Examiner, but any decision
would be made by the Kent legislative authority.
Satterstrom noted that there is one road leading
into the plat off of 120th, which meets the
County standards for access. He said that the
city raised the issue of emergency access after
the Hearing Examiner had rendered his first
decision in December 1995. As a result of those
concerns, the developer assured that there would
be a connection between 117th Street and 116th
Street, and because of those assurances the city
withdrew its request to reopen the public
hearing.
Satterstrom noted that Planning staff brings
Council the recommendation of the Kent Hearing
Examiner and the recommendation of the King
County Hearing Examiner, and suggested that in
this case, the Council consider a condition which
would obligate the developer to provide what he
has promised in a letter to the City.
The City Attorney pointed out that this is not a
hearing and it is not an appeal of the Hearing
Examiner' s recommendation, but is a decision on
the recommendation. He said that it is a quasi-
judicial matter and as such ex-parte communica-
tions with interested parties is inappropriate
and any such communication should be disclosed
identifying both the parties and the substance of
the communications, if any. He added that the
Council may allow public testimony and may
restrict it. He said that Council' s role is to
consider the Hearing Examiner' s recommendation
and to either adopt or reject it based on the
record. He added that if Council determines that
it is appropriate to make a change to that
recommendation pursuant to Kent's City Code, a
5
June 4 , 1996
PLATS public hearing would be required by the Council
with findings and establishment of a basis for
that change, such as new information or an error
in the proceedings or testimony. He said the
Council must make findings, and may either adopt
the Hearing Examiner' s findings and conclusions,
create it' s own, or make modifications depending
on whether there is a subsequent hearing. Upon
the Mayor' s question, Lubovich explained that
people could make comments to the Council
tonight, but it would not technically be part of
the public record. He stated that the King
County Hearing Examiner has conducted all the
hearings and the record currently is closed. He
reiterated that in order to have an impact, there
would have to be a basis for a change, such as
new information.
Lubovich noted that the proposed modification
mentioned by Mr. Satterstrom regarding the
January 22nd letter would not require a public
hearing, because it is a commitment made by
letter by the applicant.
Satterstrom noted that two letters have been
received by the Planning Department and, upon the
City Attorney' s advice, provided the communica-
tion from Mr. Marvin Eckfeldt and the letter from
the Banisters and the Martins to the City Clerk.
Lubovich noted that most of the materials are
already included in the record.
Woods stated for the record that she had had no
contact with any side of the issue until last
Friday, May 31st, when she returned Marvin
Eckfeldt' s phone call. She said that she
informed him at that time that, given previous
experience with Hearing Examiner reports and so
forth, it would be appropriate for him to call
the City Attorney to determine what course of
action was appropriate or inappropriate for his
group to take. Orr stated for the record that in
December she met with a group of approximately a
dozen persons who were interested in this issue,
not to discuss the merits of the plat or the
issue, but to find out how the process would work
when and if the annexation took place. She noted
that there was some concern about whose juris-
diction this would fall under and she informed
the group as best she could about the process of
adopting the interlocal agreement with King
6
June 4, 1996
PLATS County and how they might get more information as
to how that process works and copies- of that
agreement and meetings when and if that might be
adopted. She said she has since had two or three
phone calls from interested parties, all of which
were process-oriented to find out meeting times
and so forth, nothing other than informing
members of the public how to access the system,
work through the process and where they should
or should not appear to present their case.
She mentioned that the cover letter and stack
of materials from Marvin Eckfeldt which was
submitted to the City Clerk tonight by
Mr. Satterstrom was given to all Councilmembers.
Marvin Eckfeldt, Minister, First Christian
Church, 11717 S.E. 240th Street, said their con-
cern is that originally the large L area known as
Tract X, which is owned by First Christian
Church, was shown as a private road. He noted
that it was short platted in 1979 and when Lot 1
which is the church, Lot 2 which is in the
center, and Lot 3 which is now a part of
Stonegate Knolls, was subdivided, the road was
purchased so that the church could have access
and ingress from 116th Street as a second access
to their parking lot. He added that that is
particularly important now that 240th is being
widened to five lanes and the traffic is so
intense. He noted that Lot 2 is two acres and
Lot 3 is five acres, and when the short plat was
filed, the owners of Lots 2 and 3 were granted
easements for use of the private road, and it was
understood that legal access was for their lots
only. He said their legal counsel advises that
access for Lot 3 would be for five acres only,
which is 18 home sites on approximately 4 . 5
acres. He said that access to the road would not
be extended to the additional fourteen acres that
make up the rest of the Stonegate Knolls develop-
ment. He noted that at the original public
hearing, the plat called for 117th S. E. to dead-
end, and that they raised objections to the use
of their road as a secondary access, so the
Hearing Examiner asked that a permanent dead-end
turn-around bulb be placed there and that it be
redesigned. He said that in the final agreement
there is the suggestion that there would be a
break-away gate there so that emergency vehicles
could have ingress and egress from Stonegate
Knolls. He said they have opposed that plan
7
June 4, 1996
PLATS because the road was not constructed to handle
heavy fire and emergency vehicles, and the road
was designed for use by the church parking lot
and by the two other pieces of property, not for
a development of 79 homes. He noted that they
have made it clear that for safety reasons they
were opposed to any use of the road by the resi-
dents of the development. He also noted that
they have stated several times that they do not
object to Stonegate Knolls being a neighbor and
their concerns are about safety and others,
possible use of their private road.
Brad Martin, 23628 116th Avenue S.E. , stated that
he and his wife are co-owners with Ron and Jan
Banister of the property located at 24228 116th
Avenue S.E. He noted that the property is
directly adjacent to the western boundary of the
proposed development, and said they are not
opposed to the Stonegate Knolls development. He
voiced concern about public safety, development
drainage, streets and roads, and the potential of
diminished value of their property. He said this
is due to the lack of specific direction or de-
tail to be required of the developer with regard
to those issues. He said that they endorse the
suggestion to add a condition to the preliminary
plat to ensure that the developer follows through
with the promise to construct a connection from
117th Avenue to 116th Avenue, but asked that more
specific detail be required as to exactly by what
means emergency access and drainage release from
Tract C detention pond will be accommodated
before any approval or permit is granted. He
said they feel that the extension of 244th from
the westerly boundary of the development into
116th Avenue would be the most reasonable and
cost effective solution to the problems identi-
fied, noting that it would provide the most
direct access for emergency vehicles, would allow
students a direct walking route to Kent Meridian
High School, and would give the developer a way
to move service and detention water over his own
property across 116th Avenue and into the natural
downstream flow without adversely impacting the
adjacent property owners. Due to the natural
topography of the development parcel and the
location of the Tract C detention pond and to the
relationship and lower elevation of their own
parcel, he asked for specific detail as to the
location, means, and rate of detention pond
8
June 4, 1996
PLATS release before any permit was granted. He said
the existing culvert as it crosses 116th Avenue
to the west is marginal at best and may be
severely overtaxed if additional concentration
were added by the development.
Martin said they have offered to sell the neces-
sary right-of-way to Centex at approximately the
same cost per square foot as they have apparently
agreed to purchase the balance of the parcels
for. He said they take exception to the slander-
ous statements made by Centex attorney Larry
Smith found in the conclusion portion of the
Hearing Examiner's report recommendation to
Council, that "the neighbors who own the property
abutting the right of way are simply looking for
a way to get this street put in at anothers'
expense" . He said the endorsement of this
statement by the King County Hearing Examiner
that "This is difficult to rebut. It cannot be
ignored that such a street extension would
provide immense windfall benefit to the future
development interests of the appellants" is
reprehensible. Martin stated that they have been
renting the property and have no development
plans, and that they do not need the extension to
access their property from 244th. He stated that
the plat plan as designed by Centex simply dic-
tates the inevitable completion of 244th. He
said the solution they have proposed resolves all
the issues and concerns expressed by City
Engineer Gill, Fire Chief Angelo and Hearing
Examiner Titus. He said they are unified in
their concerns not to allow this development to
diminish the value of their property or to create
a safety, drainage or street and road problem for
the City or it' s citizens.
Lawrence Noland, 24436 116th Avenue S. E. , re-
quested as a condition of Stonegate Knolls plat
approval, that the Council require Centex
Corporation to complete S. E. 244th Street west-
ward from the proposed plat to 116th Avenue S. E.
Larry Smith, representing Centex Homes, pointed
out 244th on the map, and noted that it is a
local collector for the plat, and that some day
the City may determine that they want it to go
all the way through. He said that at the origi-
nal hearing the Hearing Examiner concluded that a
turn-around bulb should be put in. He said that
9
June 4 , 1996
PLATS they and the church were agreeable, but that the
Fire Department preferred a second access. He
said that after discussions, the Fire Department
agreed on a breakaway gate, noting that they
don't need the second access except in an emer-
gency. He noted that the church would rather not
have anything there at all. Smith pointed out
that when this tract of land was created, a
covenant was created containing the following
language: "Tract X. designated upon the plat as
a private road and thoroughfare, is described in
the King County Comp Plan as a local access
street or road and in accordance with the stand-
ards therein may be required for future county
street, road or thoroughfare. " He said the
reason it was reserved was in case there needed
to be a connection. He noted that Centex has
said they will provide the second access one way
or another, and if necessary, will go through the
processes to determine whether they have that
right or not. He explained that the difficulty
with 244th is that they don't own the land or
have the power of condemnation, but that the city
does. He said that if they do not put it in and
some day it is put in as a result of development,
the two adjacent property owners will probably
have to put the improvements in. He said that if
they are given the alternative to provide a
second access, they will get it done.
Linda Bushaw, representing Lawrence Noland who
lives at 24436 116th Avenue S.E. , said that
Centex Corporation has been calling those who
would be the owners if 244th were put through,
and has left messages many times saying they want
to talk. She said there isn't an issue there
that the property owners do not want to cooperate
with Centex Corporation. She noted that, she has
attended all the meetings and said that there
were notes going back and forth between Centex
and the Planning Commission at the King County
Hearing Examiners meeting, and many things going
on that the Council is not aware of.
ORR MOVED to accept the Findings and Conclusions
of the "Report and Recommendation" of the King
County Hearing Examiner regarding the Proposed
Plat of Stonegate Knolls, King County Department
of Development and Environmental Services File
No. L95P0002 , dated April 23 , 1996; to modify
Recommendation "C" of the Examiner' s "Report and
10
June 4, 1996
PLATS Recommendation" to require the developer, Centex
Real Estate Corporation, to construct a connec-
tion to 116th Avenue S.E. , either through the
First Christian Church property adjoining the
western terminus of proposed 117th Avenue S.E. or
by the extension of South 244th Street, in
accordance with the representations made to the
City by Mr. Kevin C. Simmons of Centex Homes in
his letter dated January 22 , 1996, which letter
-is part of the record in this matter; to accept
the Recommendation of the Examiner' s "Report and
Recommendation" as modified by this motion; and
to approve the Stonegate Knolls Preliminary Plat
#SU-96-18 , a seventy-nine single family residen-
tial preliminary subdivision, subject to the
conditions of final plat approval stated on
pages 8 through 12 of the King County Department
of Development and Environmental Services
Preliminary Report to the King County Hearing
Examiner, dated November 28 , 1995 (Exhibit No. 2
of the Council records) and as further modified
by the "Report and Recommendation" of the King
County Hearing Examiner and by this motion
tonight. Woods seconded.
Orr said that citizens have raised serious
concerns regarding drainage and safety issues
relating to emergency vehicle access and children
getting to and from school. She said an access
to 116th is essential. She noted that there is a
further drainage study required which should
solve the drainage problems, and that that issue
will be determined at the time of the final plat.
She said that the City does not have the authori-
ty to require the extension of 244th, which she
feels is the most logical way to go. She said
the Hearing Examiner has required an access as
stated in the report: 11117th Avenue S.E. shall be
improved to urban minor access street standards.
The applicant will construct a permanent turn-
around bulb. In addition the applicant will
install a crash gate. " She said that is con-
tingent upon accessing through property that she
has been unable to determine, and she is unsure
whether anyone knows if that is a legal access
through Tract X. She voiced concern about
whether or not Centex has the authority, now that
this is in the city, to use that road, and said
that will have to be determined outside the
Council' s scope. She explained that is why her
motion contains wording saying that if that
11
June 4 , 1996
PLATS access is not available, then an access still
will be provided to 116th Avenue.
Woods noted that the Attorney had informed
Councilmembers late in the day that they have
rather severe limitations as to what actions are
available to them, and that, based on their
recommendations, this seems to be the extent to
which they are able to go.
Orr noted that the City of Kent would probably
not allow that many homes without better access,
but King County has different standards. She
explained that this project was processed through
the County and was far enough along in the pro-
cess that they have vested their right to that
lack of requirement of a second access. She said
she would feel more comfortable with a second
access and that the motion she made addresses
that issue, and based on the letter, hopefully
that can be resolved in the best possible way for
the safety of the residents.
Woods noted that the City will receive more
requests which were partially processed in King
County, and asked citizens to understand that it
is a somewhat different process when dealing with
two jurisdictions that have different kinds of
requirements. She explained that they will be
caught in the bind of trying to do what they can
to meet what they consider to be a higher level
of service for the residential areas, but do con-
front some limitations.
Johnson asked whether a detailed drainage plan
must be submitted and approved by staff before
final plat approval is granted; Wickstrom said
yes. Upon Johnson' s request, Satterstrom ex-
plained that if the Council grants preliminary
approval at this time, the applicant has up to
five years to either bond or build all of the
improvements and satisfy the conditions that are
specified in the preliminary plat approval. He
said that the applicant would then make an
application for final plat approval, and once
that had been taken care of, it would come back
to the City Council for final approval.
-There was no further discussion and Orr' s motion
then carried.
12
June 4, 1996
PLATS (OTHER BUSINESS - ITEM 4C)
Briarmount Preliminary Plat SU-96-11. The
Hearing Examiner has recommended conditional
approval of an application by Baima and Holmberg,
Inc. for Vicky A. Moen for a 16-lot single family
residential preliminary subdivision. The pro-
perty is located between S. 200th Street and S.
202nd Street, west of 96th Avenue South.
ORR MOVED to accept the findings of the Hearing
Examiner and to adopt the Hearing Examiner' s
recommendation of approval with twenty-one (21)
conditions of the Briarmount single family
residential preliminary subdivision. Woods
seconded and the motion carried.
Larry Kiel, 9621 S. 200th, did not object to the
development, but voiced concerns regarding
parking on S. 200th Street, the hours that work
can take place, the dust factor and what can be
done to cut down on it, how a pathway between
200th and 202nd fits into the plat, and how it is
determined which trees are to be cut.
Satterstrom said that watering is required if the
site gets dusty, and that the City works with
the developer on a tree plan at two stages of
constriction. Public Works Director Wickstrom
explained that parking is restricted to the
frontage of the plat, and that the path is in-
ternal between the two cul-de-sacs and does not
abut the property lines. Upon Orr' s question,
Wickstrom noted that there is a noise ordinance,
and McFall confirmed that work hours are from
7 : 00 a.m. to 8 : 00 p.m. Monday through Sunday.
COMMUNITY (CONSENT CALENDAR - ITEM 3K)
DEVELOPMENT 1997 CDBG Program Funding Levels. APPROVAL to
BLOCK GRANT allocate the city' s maximum available of 1997
CDBG funds for Public (Human) Services ($72 , 925) ,
and to allocate the city' s maximum available of
1997 CDBG funds for Planning and Administration
($63 , 933) .
on May 21, 1996, the Planning Committee recom-
mended approval of these two action items for the
1997 Local Community Development Block Grant
Funding Levels.
13
June 4 , 1996
COMMUNITY (CONSENT CALENDAR - ITEM 3Q)
DEVELOPMENT Disposition of Community Development Block Grant
BLOCK GRANT (CDBG) Audit Condition APPROVAL of four (4)
action items regarding the disposition of CDBG
Audit Condition, as follows:
1. Authorize taking $984 of general fund dollars
from the 1996 Community Health Center' s
Health Services Program, and cut a check for
this amount to the King County CDBG fund.
2 . Specify that this $984 check should be ear-
marked to Kent' s 1996 CDBG pass-through
allocation.
3 . Specify that this $984 of additional 1996
pass-through dollars should be allocated back
to the Community Health Center's CDBG
Community Health Services Program.
4 . Forward this recommendation to the full City
Council for consideration at its June 4,
1996, meeting.
PARKING CODE (CONSENT CALENDAR - ITEM 3J)
No Parking Code Amendment ADOPTION of Ordinance
No. 3298 relating to no parking zones within the
City. Within the recent annexation area and the
previous City limits, there are several streets
requiring No Parking zones. The Public Works
Committee has recommended amending the City Code
to reflect said No Parking zones.
POLICE (CONSENT CALENDAR - ITEM 3F)
DEPARTMENT Salarv/Benefits Budget Change - Public Education
Specialist. AUTHORIZATION that $4 , 000 in salary
and benefits not spent in criminal justice funds,
due to the Accreditation Office Technician posi-
tion being vacant, be used to increase hours of
the Public Education Specialist from 25 hours per
week to 35 hours per week.
The Kent Police Department Community Education
Unit will fulfill a goal of recruiting, inter-
viewing and training a formal group of volunteers
this fall. The Public Education Specialist will
provide for the training of these volunteers, and
this action will help to offset the added hours
necessary to accomplish the training.
14
June 4, 1996
POLICE (CONSENT CALENDAR - ITEM 3G)
DEPARTMENT Application for Valli Kee/Springwood - King
County Housing Authority Grant Renewal for 1997 .
AUTHORIZATION for the Mayor to sign the necessary
documentation to complete the grant application
process for Valli Kee/Springwood.
It is the Police Department's intent, in coopera-
tion with King County Housing Authority, to
pursue renewal of the HUD grant to provide police
services to the Valli Kee and Springwood com-
plexes. The grant application is being processed
through King County Housing, however,. signatures
may be required from the Police Chief and/or the
Mayor in order to complete the application pro-
cess. Once the grant has actually been awarded,
this issue will be brought back to Council for
formal acceptance.
(CONSENT CALENDAR - ITEM 3H)
Weapons Code Amendment. ADOPTION of Ordinance
No. 3297 amending Chapter 9 . 02 of the Kent City
Code relating to weapons to be in compliance with
state legislation which has pre-empted munici-
palities from establishing certain regulations
regarding firearms and by making other related
amendments.
FIRE (CONSENT CALENDAR - ITEM 3D)
DEPARTMENT Contract for Services with King County Fire
Protection District No. 37. AUTHORIZATION for
the Mayor to sign a contract with King County
Fire Protection District #37 for fire and life
safety services. For over 23 years the City of
Kent and King County Fire Protection District #37
have mutually benefitted their citizens through
joint operations of fire and life safety protec-
tion services. The updated contract captures the
present and future intent of the relationship.
Key areas of change include updating insurance
coverage, clarifying language related to capital
versus operational costs, terms of contract,
dealing with potential effects of annexations by
the City and guidelines for negotiation for the
transfer of assets. The final contract drafts
have been reviewed by City Administration, City
Risk Manager, City Attorney, Fire Commissioners
and the Fire District' s Attorney. The contract
aims at a long-term cooperative relationship to
continue the quality of fire and life safety
services both jurisdictions have enjoyed in the
15
June 4, 1996
FIRE past. Upon approval and signing of the contract,
DEPARTMENT formal negotiations will begin for the transfer
of assets related to the last annexation.
(CONSENT CALENDAR - ITEM 3E)
Equipment and Apparatus Replacement Fund.
APPROVAL to grant authority under the sole vendor
provision for the Mayor to sign the purchase
order for $165, 984 . 21 with SeaWestern for self-
contained breathing apparatus harnesses, mask
mounted regulator systems with Quick Fill
adapters.
The Council approved the equipment and apparatus
replacement fund. Battalion Chief John Willits
and the Breathing Apparatus Committee, under the
leadership of Lieutenant Bob Schneider, have
demonstrated that many of our breathing apparatus
have gone past or are near their life expectancy.
Repair frequency has increased and Personal Alert
Safety System (PASS) devices no longer meet
safety requirements or have parts available.
Experience with MSA Breathing Apparatus has been
very good and dependable. After evaluating
several alternatives, it was found that to
minimize cost of replacement, meet safety re-
quirements and performance requirements, it is in
the best interest of the City to continue the use
of MSA Breathing Apparatus. The City is able to
continue to use several parts of the system and
can replace some system elements over the next
couple of years. The only authorized MSA vendor
in our region is the SeaWestern Company.
HUMAN SERVICES (CONSENT CALENDAR - ITEM 3C)
Human Services Roundtable Workshop.
AUTHORIZATION to set June 18th at 6: 00 p.m. as
the date and time for a Council Workshop for a
presentation by the Human Services Roundtable.
The Roundtable will present a video titled
"Preparing for the Future. " The video was
created to help inform local councils about
possible changes in the future because of the
significant changes which are on the horizon in
federal and state funding of human services.
COUNCIL (CONSENT CALENDAR - ITEM 3T)
Excused Absence for Council President. APPROVAL
of an excused absence from the June 4 , 1996,
Council meeting for Council President Houser.
She will be out of town and unable to attend.
16
June 4, 1996
PARKS & (CONSENT CALENDAR - ITEM 3L)
RECREATION Lake Fenwick Trail. AUTHORIZATION to accept as
complete the Lake Fenwick Trail Project and
release retainage to VTS, Inc. , upon receipt of
state releases, as requested by Parks Planning
and Development.
(CONSENT CALENDAR - ITEM 3M)
Kent Memorial Park Lighting Pole Replacement
Contract. AUTHORIZATION to accept as complete
the Pole Replacement Project at Kent Memorial
Park and release retainage to Signal Electric
upon receipt of state releases, as requested by
the Parks Department.
(CONSENT CALENDAR - ITEM 3N)
Riverbend Golf Course Tree Removal Contract.
AUTHORIZATION to accept as complete the Tree
Removal Project at the Riverbend Golf Complex and
release retainage to Summit Tree Service upon
receipt of state releases, as recommended by the
Parks Department.
APPOINTMENTS (CONSENT CALENDAR - ITEM 30)
Transit Advisory Board CONFIRMATION of the
Mayor' s reappointment of Mike Etzell and the
appointment of Don Walkup to serve as members of
the City Transit Advisory Board.
Mr. Etzell' s new appointment will continue until
4/30/98 .
Mr. Walkup is Supervisor of Transportation for
the Kent School District and can offer his
knowledge and expertise as a member of the City
Transit Advisory Board. Mr. Walkup will replace
Rafael Garcia, whose term expired. His appoint-
ment will continue until 4/30/98 .
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. No vouchers were approved
because of schedule changes.
Approval of checks issued for payroll for May 1
through May 15, and paid on May 20, 1996 :
Date Check Numbers Amount
5/20/96 Checks 211455-211842 $276, 039 . 58
5/20/96 Advices 34516-34957 573 , 344 . 60
$849, 384 . 18
17
June 4 , 1996
REPORTS Council President. Woods noted that the Suburban
Cities meeting will be held on June 19th in
Normandy Park, and asked that Councilmembers who
plan to attend contact Ms. Banister.
Operations. Johnson noted that the Committee
will meet at 4 : 30 p.m. on June 5th.
Public Works. Clark noted that the Committee
will meet at 3 : 30 p.m. on June 5th.
Planning. Orr noted that the Committee will meet
at 4 : 00 p.m. on June 18th.
Administrative Reports. McFall reported that
Finance Director Miller, Public Works Director
Wickstrom and he had made presentations to the
bond rating agencies of Standard & Poor' s and
Moody' s in anticipation of the bond issue for the
Centennial Center, the lagoon project, the 240th
Street project, and the park acquisition. He
said the meeting went very well and word should
be received soon as to whether any rating upgrade
is received. He commended May Miller and her
staff for their efforts.
EXECUTIVE At 8 : 10 p.m. , McFall announced an executive of
SESSION approximately ten minutes to discuss labor
(Labor negotiations.
Negotiations)
The meeting reconvened at 8 : 22 p.m.
JOHNSON MOVED to authorize the Mayor to sign a
two-year labor agreement with AFSCME Local 21K
Police Support Unit, effective January 11 1996
through December 31, 1997 ; additionally, to
authorize the Mayor to sign a Memorandum of
Understanding with AFSCME Local 21K recognizing
the Administrative and Accounting staff in the
Engineering Division of the Public Works
Department as members of the bargaining unit
effective March 20, 1996 . Orr seconded and the
motion carried.
The meeting adjourned at 8 : 25 p.m.
Brenda Jac be , CMC
City Cler
18
;01
Kent City Council Meeting
Date June 18 , 1996
Category Consent Calendar
1. SUBJECT: COUNCILMEMBER ABSENCES
2 . SUMMARY STATEMENT: Councilmember Jim Bennett has requested
an excused absence from the June 4, 1996, City Council meeting.
He was sick and unable to attend.
Councilmember Judy Woods has requested an excused absence from
the June 18 1996, City Council meeting. She will be out of
town and unable to attend.
3 . EXHIBITS: Memos
4 . RECOMMENDED BY: Councilmember Bennett and Councilmember 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. 3C
MEMORANDUM
TO: MAYOR JIM WHITE
CITY COUNCIL MEMBERS
FROM: JIM BENNETT, COUNCILMEMBER
DATE: DUNE 5, 1996
SUBJECT: CITY COUNCIL EXCUSED ABSENCE
I would like to request an excused absence from the June 4 1996 City Council meeting . I was sick
and unable to attend.
Thank you for your consideration.
JB:jb
MEMORANDUM
TO: MAYOR JIM WHITE
CITY COUNCIL MEMBERS
FROM: JUDY WOODS, COUNCILMEMBER
DATE: JUNE 12, 1996
SUBJECT: CITY COUNCIL EXCUSED ABSENCE
I would like to request an excused absence from the June 18, 1996 City Council meeting . I will be
out of town and unable to attend.
Thank you for your consideration.
JW:jb
)10
Kent City Council Meeting
Date June 18 , 1996
Category Consent Calendar
1. SUBJECT: HILLSIDE MANOR REZONE RZ-96-1 - SET MEETING DATE
2 . SUMMARY STATEMENT: Authorization to set July 2 , 1996, as
the date for a public meeting to consider the Hearing
Examiner' s recommendation of approval with conditions for a
rezone application by Land Enterprises. The property is
located at 24411 98th Avenue S.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO t' YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3D
Kent City Council Meeting
Date June 18 , 1996
Category Consent Calendar
1. SUBJECT: GLEN KARA REPLAT SU-96-13 - SET MEETING DATE
2 . SUMMARY STATEMENT: Authorization to set July 2 , 1996, as
the date for a public meeting to consider the Hearing
Examiner' s recommendation of approval with conditions for a
preliminary plat application by Lakeridge Development, Inc.
The property is located at 9800 S. 222nd in Kent.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3E
�w
Kent City Council Meeting
Date June 18 , 1996
Category Consent Calendar
1. SUBJECT: NATURAL MEDICINE CLINIC - RESOLUTION
2 . SUMMARY STATEMENT: Adoption of Resolution No.
relating to a proposal being submitted to operate the King
County Natural Medicine Public Health Clinic site in Kent.
3 . EXHIBITS: Resolution
4 . RECOMMENDED BY: Operations Committee (Councilmember Jim Bennett
concurred via hone
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3F
RESOLUTION NO.
A RESOLUTION of the Kent City
Council expressing its support for the
proposed Natural Medicine Public Health
Clinic to be located in Kent
WHEREAS, the Metropolitan King County Council has
determined that establishing a Natural Medicine Public
Health Clinic is in the best interest of the citizens of
King County; and
WHEREAS, the Kent City Council is on record as
supporting the concept of expanding health services to
include alternatives to conventional medicine which are
often found to be more effective and less costly; and
WHEREAS, the City of Kent is actively working to
recruit and establish natural and alternative medicine
practices in the City; and
WHEREAS, there is significant interest in the City
of Kent to have the King County Natural Medicine Clinic
located in the City; and
1
WHEREAS , a proposal is being submitted which
provides for the clinic to be located in Kent ; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS :
SECTION I : That the City Council endorses the
selection of Kent as the site for the King County Natural
Medicine Public Health Clinic, and encourages the King
County Public Health Department and the Metropolitan King
County Council to select Kent as the home for this clinic .
Passed at a regular meeting of the City Council of the
City of Kent , Washington this day of
1996 .
Concurred in by the Mayor of the City of Kent , this
day of , 1996
JIM WHITE, MAYOR
ATTEST :
BRENDA JACOBER, CITY CLERK
2
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
1996 .
(SEAL)
BRENDA JACOBER, CITY CLERK
NATHEALTH. res
3
;`11
Kent City Council Meeting
Date June 18 . 1996
Category Consent Calendar
1. SUBJECT: MEADOW RIDGE ELEMENTARY SEWER EXTENSION - LATECOMER
AGREEMENT - AUTHORIZATION
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Public Works Department to
prepare, and the Public Works Director to sign a Sewer
Extension Latecomer Agreement with the Kent School District,
noting that the Agreement is to be modified to reflect that for
those specific subdividable properties contained therein, the
cost is $7 , 102 . 18 per connection not to exceed a total amount
of $21, 306 . 52 from the entire described parcel.
3 . EXHIBITS: Latecomer Agreement, Public Works Director
memorandum and Public Works minutes
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3G
DEPARTMENT OF PUBLIC WORKS
June S, 1996
TO: Public Works Commi'tee
FROM: Don Wickstrom `
RE: Meadow Ridge Elementary School
Latecomer Agreement
The Kent School District has constructed a sewer extension in the vicinity of
Meadow Ridge Elementary School on 108th Avenue SE and has requested that the
City implement a latecomer agreement to recover some of the costs incurred. Any
party connecting to or, benefitting from this line, would then reimburse the School
District at a cost determined by their frontage of property. The total cost for this
sewer extension is $106,S32.63.
ACTION: Recommend that staff be authorized to prepare a Latecomer Agreement
with the Kent School District and, authorize the Public Works Director
to sign same.
M824.96
����7.
MEADOW R�D4L ELEMENTARY
OFFsr'rC LATEcomggS
K"T SCNaoL 5irE it 2
CITY OF KENT
PROPERTY MANAGEMENT DIV.
220 S 4TH AVE .
KENT, WA 98032
ATTN: Jerry McCaughan LATE COMER AGREEMENT
THIS AGREEMENT MADE THIS DAY OF , 19_,
BETWEEN THE CITY OF KENT, A MUNICIPAL CORPORATION, HEREAFTER CALLED
THE "CITY, " AND 5-C/4GOL 0/S7-10cl— HEREAFTER
CALLED THE "OWNER" .
WHEREAS OWNER HAS CONSTRUCTED AT ITS EXPENSE A Saote a uj Sez-ae,--
LINE, HEREAFTER CALLED "IMPROVEMENTS" , AND
WHEREAS THE PARTIES DESIRE TO PROVIDE THAT ANY PARTY THEREAFTER
TAPPING, CONNECTING, OR BENEFITING FROM SAID IMPROVEMENTS WILL PAY
A PRORATA COST OF SAID LINE IN ACCORDANCE WITH CHAPTER 35. 91 OF THE
REVISED CODE OF WASHINGTON AND THE TERMS THEREOF,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN
CONTAINED, THE PARTIES AGREE AS FOLLOWS :
1. THE OWNER
OWNER HAS CONSTRUCTED _TOLL L. F. Of IO"PVC $ S 98 L.F
0r 8" PVC 2r7d r D 1' S2nilau Se-cwe Likie- a-pid -Aw 5a.h44,. -q
Secyg.- Mau toles L d u I ng 001-.FF o; 6," Srde Seca ,. Qi,�v
FOR A TOTAL COST OF IOCc. S3Z.
2 . THE OWNER DOES GRANT AND CONVEY THE ABOVE DESCRIBED
IMPROVEMENTS TO THE CITY FREE OF ANY LIENS OR
ENCUMBRANCES AND THE CITY HEREBY APPROVES AND ACCEPTS
SAID IMPROVEMENTS WHICH APPROVAL AND ACCEPTANCE WAS
AUTHORIZED BY MOTION DULY SECONDED AND PASSED AT A
REGULAR CITY COUNCIL MEETING ON THE Z1_DAY OF &jo
19_q_5 .
3 . THE ABOVE REFERENCED IMPROVEMENTS CONSTRUCTED BY THE
OWNER IS A SPECIAL BENEFIT TO THE FOLLOWING DESCRIBED
PROPERTY IN KING COUNTY, WA.
- BOUNDARY MAP ATTACHED? YES NO L--�
4 . THE OWNER CONSTRUCTED THE ABOVE REFERENCED IMPROVEMENTS
FOR A TOTAL COST OF LOCO, OF WHICH
A PORTION OF THIS COST SHA L BE DISTRIBUTED TO THE ABOVE
DESCRIBED PROPERTIES .
5. IN ACCORDANCE WITH CHAPTER 35. 91 OF THE REVISED CODE OF
WASHINGTON, ANY PARTY OTHER THAN THE OWNER TAPPING OR
CONNECTING TO SAID IMPROVEMENTS WILL BE REQUIRED TO PAY
THE OWNER ON THE FOLLOWING BASIS :
� z Q
6. TH CITY AGREES TO BEAR ALL FURTHER COSTS OF MAINTAINING
AND OPERATING THE ABOVE REFERENCED IMPROVEMENTS .
7. AFTER ACCEPTANCE OF SAID IMPROVEMENTS BY THE CITY AND
AFTER THE EXPIRATION OF ANY PERIOD DURING WHICH SAID
IMPROVEMENTS ARE WARRANTED AS TO WORKMANSHIP BY THE
OWNER, THE CITY SHALL THEREAFTER BE RESPONSIBLE FOR ANY
AND ALL MAINTENANCE AND OPERATION COSTS OF SAID
IMPROVEMENTS . SAID IMPROVEMENTS SHALL BE ADOPTED AS A
FACILITY OF THE CITY AND THE CITY MAY CHARGE SUCH RATES
AS IT MAY BE AUTHORIZED BY LAW TO ESTABLISH.
8 . THE CONTRACT WILL BE EFFECTIVE FOR FIFTEEN YEARS FROM THE
DATE HEREOF, AND IF ANY OWNERS OF ANY PROPERTIES
DESCRIBED IN PARAGRAPH 3 ABOVE DESIRE TO TAP INTO THE
IMPROVEMENTS , THE CITY WILL REQUIRE THAT PAYMENT ON
BEHALF OF THE OWNER BE MADE IN ACCORDANCE WITH SECTION
5 ABOVE, PRIOR TO ANY SUCH TAP BEING MADE.
9 . AUTHORIZATION FOR THIS AGREEMENT APPROVED BY CITY COUNCIL
ON THE DAY OF 19
IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE
EXECUTED ON THE DAY AND YEAR FIRST ABOVE WRITTEN.
WITNESS OWNER(S)
----------------------------------------------------------
MAKE CHECK PAYABLE TO:
MAIL CHECK TO:
----------------------------------------------------------------
WITNESS CITY OF KENT
BY: BY:
GERALD B. MC CAUGHAN DON E WICKSTROM, P.E.
PROPERTY MANAGER DIRECTOR OF PUBLIC WORKS
M526
9/7/89
EXHIBIT 'A'
Portion of northwest quarter of northeast quarter in Section 32,
Township 22 North, Range 5 East.
Lot 4 King County Short Plat No. 785069 Recording No. 8710010795
Charge is $7,102.18. NO CHARGE FOR THE FIRST SIDE SEWER
CONNECTION ONLY.
Lot 3 IGng County Short Plat No. 785070 Recording No. 8710010796
Charge is $7,102.18 per connection and not to exceed a total of
$21,306.52. NO FREE HOOKUP.
Lot 4 King County Short Plat No. 785070 Recording No. 8710010796
Charge is $7,102.18 per connection and not to exceed a total
of $21,306.52. NO CHARGE FOR FIRST SIDE SEWER
CONNECTION ONLY.
East half of the southwest quarter of the northwest quarter of the
northeast quarter of Section 32, Township 22 North, Range 5 East,
W.M., in King County, Washington; EXCEPT the south 287.00 feet;
AND EXCEPT any portion lying within Southeast 274th Street (AI(A)
Tax Lot 12 Charge is $7,102.18. NO FREE HOOK UP.
M816.96
PUBLIC WORKS COMMITTEE
June 5, 1996
PRESENT: Tim Clark Don Wickstrom
Connie Epperly Tom Brubaker
Leona Orr Dan Kiefer
Gary Gill John Kiefer
ABSENT: Judy Woods Mr& Mrs Rust
Meadow Ridge Elementary School Latecomer Agreement
Wickstrom explained that when the Kent School District built the Meadow Ridge Elementary School
on 108th Ave and SE 274th, they extended the sewer to the school site. As part of that, the School
District has requested a latecomer charge on the sewer extension for which the total costs of said
extension was$106,000. He said even with the latecomer charge, the School District will not recoup
the entire amount. Wickstrom requested authorization to sign the latecomer agreement which will
allow them to collect latecomer charges on portions of that sewer. In response to Clark, Wickstrom
noted that this is typical of any new development. They have the right to make the request and the
City has the option to say yes or no. Wickstrom explained there are several existing properties that
will have free connections from this extension. As such, this agreement relates to connections over
and above those.
Dan Kiefer, a property owner fronting the sewer extension stated that his property was designed for
a septic system. He noted that from a property owner's point of view, they do not need that sewer
he and feel no advantage can be taken from it. Kiefer said that in talking with the School District,
the property owners were not informed of any charges. He feels that it is unfair for property owners
to pay a charge in lieu of assessment for the upsizing of the sewer line which is a result of the sewer
extension for the school. Kiefer feels it is also unfair to expect a few property owners to help the
School District recoup $106,000.00. Wickstrom stated that the School District is not recouping all
of the costs. The cost per new connection is $7,000 and an existing lot will have no charge. He said
the school district will only be recouping about $56,000. He said that the City looked at what would
be a reasonable number of lots without having to go thru alot of expense and that is, the subdivision
of 4 lots or less. Wickstrom said the charge in lieu of assessment is based on an analysis of the
number of lots that could be created and take direct service of the sewer extension.
Wickstrom noted that a clarification needs to be made in the Agreement with reference to costs per
lot for those properties that are subdividable. It should read, "$7,102.18 per connection up to the
$21,306.52' .
Committee unanimously recommended that the Public Works Director be authorized to sign a
Sanitary Sewer Latecomer Agreement with the Kent School District and also, clarify that Exhibit'A'
of the agreement should read, "$7,102.18 per connection not to exceed $21,306.52 for those
appropriate subdividable parcels.".
I
,i
Kent City Council Meeting
Date June 18. 1996
Category Consent Calendar
1. SUBJECT: SPECIAL RECYCLING EVENTS AND BUSINESS RECYCLING
PROGRAM - KING COUNTY GRANT AGREEMENT -
AUTHORIZATION
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to sign the King County
Grant Agreement for Special Recycling Events and Business
Recycling Program, and direct staff to accept the grant and
establish a budget in the amount of $36, 491. 00.
3 . EXHIBITS: Interlocal Grant Agreement - Contract #D22242D,
Public Works Director memorandum, and Public Works minutes
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES
6 . EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3H
DEPARTMENT OF PUBLIC WORKS
June 5, 1996
TO: Public Works Committ' e
FROM: Don Wicicstrom
RE: King County Grant Agreement - Recycling
King County and the City of Kent have adopted the King County Comprehensive
Solid Waste Management Plan which includes waste reduction goals. In order to
help meet these goals, the King County Solid Waste Division has established the City
Optional Program. (COP) This Program funds projects that enable citizens to
recycle materials not included in curbside collection programs and provides funds for
cities to establish and maintain Business Recycling Programs and services.
We have received an Agreement for funding from King County for the Special
Recycling Events held twice yearly and, for Business Recycling Programs. The total
budgeted funding under this Agreement is $36,491.
ACTION: Authorize the Mayor to sign the grant agreement and direct staff to
accept the grant and establish a budget for $36,491.
M822.96
CONTRACT # D22242D
INTERLOCAL AGREEMENT
Between
KING COUNTY and the CITY OF KENT
This Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a political
subdivision of the State of Washington, and the City of Kent, a municipal corporation of the State of Washington,
hereinafter referred to as "County" and "City" respectively.
This Agreement has been authorized by the legislative body of each party as designated below:
King County Motion No. 8857
City
PREAMBLE
King County and the City of Kent have adopted the King County Comprehensive Solid Waste Management Plan
which includes waste reduction goals. In order to help meet these goals, the King County Solid Waste Division
has established the City Optional Program. The City Optional Program funds projects that enable citizens to
recycle materials not included in curbside collection programs and provides funds for cities to establish and
maintain Business Recycling Programs and services.
L PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Kent
from the County for the operation of Special Recycling Event(s) and for the operation of a Business Recycling
Program.
IL RESPONSIBILITIES OF THE PARTIES
The responsibilities of the parties to this Agreement shall be as follows:
A. The City
General Provisions
l. The City shall comply with the Minority and Women's Business utilization provisions of King County Code
Chapter 4.18, and amendments thereto, attached to the City's copy of the Agreement as Exhibit A and
incorporated herein by reference to the other two copies of this Agreement.
2. During the performance of this Agreement, neither the City nor any party subcontracting under the
authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the
employment or application for employment or in the administration or delivery of or access to services or
any other benefits under this Agreement as defined by King County Code, Chapter 12.16.
3. During the performance of this Agreement, neither the City nor any party subcontracting under the
authority of this Agreement shall engage in unfair employment practices as defined by King County Code,
Chapter 12.18.
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4. The City shall use recycled paper for the production of all printed and photocopied documents related to
the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and
shall use recycled/recyclable products wherever practical.
5. The City shall maintain accounts of the direct and indirect costs of the programs covered by this
Agreement for a period of at least six years. These accounts shall be subject to inspection, review or audit
by the County and/or by federal or state officials so authorized by law.
6. The City agrees to credit King County on all printed materials provided by the County which the City is
duplicating for distribution. Either King County's name and logo must appear on King County materials
(including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or
text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division"
and/or"text provided courtesy of King County Solid Waste Division".
7. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates
for the Special Recycling Event and the Business Recycling Program which have been funded through the
City Optional Program. Upon request, the City agrees to provide the County with a reproducible copy of
any such written materials and authorizes the County to duplicate and distribute any written materials so
produced, provided that the County credits the City for the piece.
Special Re cling Event Provisions
& Funds provided to the City by the County pursuant to this Agreement shall be used to sponsor two special
events for collection from City residents of recyclable materials not included in household collection
programs and consistent with the scope of work and budget attached hereto as Exhibit B.
9. Cities applying for City Optional Program funds must agree to organize a minimum of one Special
Recycling Event where at least four items, from the following list of eleven, must be collected:
• Polycoated Paperboard • PET &HDPE Plastic Containers • #3-7 Plastics
• Ferrous Metals • Clean Wood (untreated) • Non-ferrous metals
• Textiles • Bulky Wood Waste (>3" diameter) • Tires
• Reusable Household Goods • Appliances
10 The City will submit to the County reimbursement requests no later than ninety (90) days following the
event in a format specified by the County. The City shall be required to maintain records of where
collected materials are sold or processed to guarantee that all the collected materials are either reused or
recycled and to verify the amounts collected. The reimbursement request shall be accompanied by an event
report which shall include information on the amount of each material collected, the number of vehicles
attending, the total cost for each budget item and the amount of that cost for which reimbursement is
requested. The reimbursement request shall be accompanied by receipts for verification of expenses.
1 1. The City will provide the King County Recycling Information Line and the King County Project Manager
with the date and location of each event, as well as copies of any printed material used to publicize the
event, as soon as they are available, but no later than thirty (30) days prior to the event. In the event there
is any change in the date or the location of the event, the City will notify the County a minimum of thirty
(30) days prior to the event. The City agrees that the event(s)will be open to all King County residents
and that the County has the right to publicize the event(s) for the benefit of all County residents.
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12, The Special Recycling Event(s) shall be administered by Robyn Bartelt, Conservation Specialist with the
.City of Kent at 220 Fourth Avenue South, Kent, WA 98132, or designee.
Business Recycling Program Provisions
13. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste
reduction and recycling programs and/or services to the City's businesses as outlined in the scope of
work and budget attached hereto as Exhibit C.
14. The City will submit to the County quarterly reports which include: a) a description of each activity
accomplished in the previous quarter related to the scope of work; and b) reimbursement requests with
copies of invoices and statements for each expenditure for which reimbursement is requested. These
reports shall be submitted to the County on the following schedule: (1)the first quarter report is due by
May 1, 1996; (2) the second quarter report is due by August 1, 1996; (3) the third quarter report is due by
November 1, 1996; and (4) the fourth quarter report is due by February 1, 1997.
Final reports which evaluate the effectiveness of the City's Business Recycling Program according to the
evaluation methods specified in the scope of work are due within six months of completion of the program
activity but no later than June 30, 1997.
15. The City agrees: a) to promote business recycling services; b)to provide assistance to businesses within its
City limits to establish and expand their recycling, waste prevention, and buy recycled programs as
described in Exhibit C; and c) to work towards minimum service levels for urban areas as defined in the
1992 King County Comprehensive Solid Waste Management Plan on pages 11141 and 42.
16. The City will cooperate with the County to coordinate its efforts with County programs. To facilitate
cooperation, meetings may be scheduled between the County, the City, and other cities which are
participating in the Business Recycling City Optional Program. The County will coordinate any meetings
and cities participating in the Business Recycling City Optional Program will be given an opportunity to
assist in the coordination of such meetings. The meetings will be held to share information about Business
Recycling Programs, to coordinate assistance and programs, and to plan for 1997.
17. The Business Recycling Program shall be administered by Robyn Bartelt, Conservation Specialist with the
City of Kent at 220 Fourth Avenue South, Kent, WA 98132, or designee.
B. County: The responsibilities of the County pursuant to this Agreement are as follows:
General Provisions
1. Within thirty (30) days of receiving a request for reimbursement from the City, the County shall either
notify the City of any exceptions to the request which have been identified or shall process the request for
_ payment. If any exceptions to the request are made, this shall be done by written notification to the City
providing the reason for such exception. The County will not authorize payment(s) for activities and/or
expenditures which were not included in the scope(s) of work and budget(s) attached as Exhibits B and C,
unless the scopes have been amended according to Section V of this Agreement. King County retains the
right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete
(i.e., do not include proper documentation of expenditures and/or adequate description of each activity
described in the scope of work for which reimbursement is being requested), and/or are not consistent with
the.scopes of work and budgets attached as Exhibits B and C.
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2. The County agrees to credit the City on all printed materials provided by the City to the County which the
County duplicates for distribution. Either the City's name and logo will appear on such materials(including
fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text
provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or"text provides,
courtesy of the City of Kent".
3. The County retains the right to share the written material(s) produced by the City which have been funded
through this program with other King County cities for them to duplicate and distribute. In so doing, the
County will encourage other cities to credit the City on any pieces which were produced by the City.
Special Recycling,Event Provisions
4. The Special Recycling Events shall be administered by Bill Smith, Project Manager, or designee, specified
by the King County Solid Waste Division.
5. The County will not provide Special Recycling Events within the corporate limits of the City. The County
will coordinate the timing and locations of its Special Recycling Events with those of the City to avoid
overlap whenever possible.
6. Funding for Special Recycling Events is allocated on the basis of a$4,000 base amount plus a per capita
distribution. The City of Kent's budgeted allocation for Special Recycling Events in 1996 is $10,477.
Business Recycling Prow—ram Provisions
7. The Business Recycling Program shall be administered by Dale Alekel, Project Manager, or designee
specified by the King County Solid Waste Division.
8. The County will not provide technical assistance services to individual businesses within the corporate
limits of the City unless such assistance is an integral part of the County's targeted industry program and
unless such assistance is undertaken in cooperation with the City. If the City wishes to participate in a
County sponsored technical assistance program, the City shall pay the County for participation according
to its proportional share of the cost of the program based on the City's employment levels. The City shall
be eligible for any regional business services offered by the County that are outside the category of
technical assistance. Such regional services are identified in Exhibit D.
9. The County will share the results of previous business audits and/or follow up surveys conducted within
the City limits (and any printed materials such as case studies that the City wishes to use in its own
programs). The County will provide information about existing Green Works members located within the
City limits and will assist the City in signing up new members. The County will also provide its quarterly
newsletter production schedule to the City in the event that the City wishes to publish a quarterly insert for
distribution to the businesses in the City.
10. Funding for Business Recycling Programs is allocated based on the number of employees within each
city. The City ofKent's budgeted allocation for a Business Recycling Program in 1996 is $26,014. Total
budgeted funding under this Agreement is $36,491.
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III. DURATION OF AGREEMENT
This Agreement shall become effective on January 1, 1996 and shall terminate on December 31, 1996.
IV. TERMINATION
A. This Agreement may be terminated by either party, in wh6le or in part, prior to the termination date specified
in Section III, upon either party providing the other thirty (30) days advance written notice of the
termination. Reasons for termination by the County may include, but are not limited to, nonperformance or
misuse of funds.
B. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in
accordance with the terms of this Agreement for services rendered prior to the effective date of termination;
and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement.
C. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that
either party may have in the event that the obligations, terms and conditions set forth in this Agreement are
breached by the other party.
V. AMENDMENTS
This Agreement may be amended only by written agreement of both parties. Funds may be moved between tasks
in the scopes of work, attached as Exhibits B and C, only upon written or verbal request and written or verbal
approval by King County. Such requests will only be approved if the proposed change(s) is(are) consistent with
-rid/or achieves the goals stated in the scope(s) and falls within the activities described in the scope.
VI. HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and
against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its
subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands,
suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims")brought against the County
arising out of or incident to its execution of, performance of or failure to perform this Agreement. Claims shall
include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape,
or sound reproduction or material or any kind, delivered hereunder, constitutes an infringement of any copyright,
patent, trademark, trade name, and/or otherwise results in unfair trade practice.
VII. INSURANCE
A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with performance of work pursuant to this Agreement by the City, its agents,
representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000
general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property
damage. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance
shall cover the County, its officers, officials, employees, and agents as additional insureds against liability
arising out of activities performed by or on behalf of the City pursuant to this Agreement.
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B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any
of the above insurance requirements, a certification of self-insurance shall be attached hereto and be
incorporated by reference and shall constitute compliance with this section.
VIII. NOTICE
IN WITNESS WBEREOF this Agreement has been executed by each party on the date set forth below:
Ci Kine County
Accepted for King County Executive
BYtiy/
(Title Director ofNatural Resources
Date Date
Pursuant to Pursuant to Motion No. 8857
Approved as to form: Approved as to form:
City Attorney King County Wosecuting Attorney
s I gb
Date Date
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Exhibit B
CITY OF KENT
1996 4P .CIA , COTLECTION EVENT
SCOPE OF WORK AND BUDGET
1. PROJECT TITLE AND SCHEDULE:
A)Event Name: Kent Special Collection Event
B) Projected Event Date: Spring and Fall, 1996
C) Event Hours: 9 am to 3 pm
D)Event Location: Russell Road Park
2. PROJECT MANAGERS:
A) City Contact: Robyn Bartelt
Conservation Specialist
City of Kent
220 Fourth Avenue South
Kent, WA 98032
TEL- 859-6573
FAX - 859-3559
B) Outside Consultant Paul Devine
Pacific Energy Institute
101 Yesler Way, Suite 606
Seattle, WA.98116
TEL - 628-0460
FAX- 628-0953
3. PROJECT ACTIVITIES
A)Number of Events: Two
B)Materials to be collected:
1)Bulky Yard Waste 7)Used Motor Oil
2) Clean Scrap Wood 8) Used Motor Oil Filters
3) Appliances 9) Used Petroleum Based Products
4) Ferrous Metals 10) Used Lead Acid Batteries
5)Non-ferrous Metals 11)Used Tires
6) Textiles 12) Reusable Household Goods
C) Education Programs:
The following educational materials will be distributed:
1) Information on City Recycling Programs.
2) Local Hazardous Waste Management Plan Educational Materials produced by
METRO.
3) Other educational materials.
D) Event Promotion:
Event promotion will be accomplished by one or more of the following ways:
1) By distributing a promotional flyer through direct mailings or City utility bills.
2) By notices in City/community newsletters.
3) By distributing a promotional flyer to City Centers.
4) By posting a notice at City Hall and on the City cable channel (if available).
5) By publicizing the event through the King County Solid Waste Division
Promotional Activities and the local newspapers.
E) Event Staffing:
Key personnel will include the Conservation Specialist, City staff, consultant staff, and
volunteers. The event greeter, education personnel, and traffic control personnel positions will
be filled by experienced qualified individuals.
4. PROJECT BUDGET
A) Solid Waste Division Budget: $10,477.00
Budget Catagory Estimated COP LHWMP Total
Quantity Funds Funds Costs
City Staff $900.00 $900.00 $1,800.00
Consultant Staff I $4,377.00 $6,688.00 $11,065.00
Collection/Hauling Costs
Wood Waste 30 tons $1,800.00 $0.00 $1,800.00
Scrap Metal/Appliance 40 tons $1,100.00 $0.00 $1,100.00
Tires 13 tons $0.00 $2,000.00 $2,000.00
Used Oil/Filterletc. 10 tons $0.00 $1,200.00 $1,200.00
Batteries 12 tons $0.00 $250.00 $250.00
Garbage 2 tons $200.00 $200.00 $400.00
Printing/Mailing Printing/Mailing $600.00 $600.00 $1,200.00
Event Supplies $100.00 $100.00 $200.00
Other Expenses $800.00 $1,000.00 $1,800.00
Temp Helpers $600.00, $600.00 $1,200.00
TOTALS 1$10,477.00 $13,538.00 $24,015.00
S. PROJECT EVALUATION
Kent will provide the following information to the County for project evaluation:
A) The number of participating vehicles.
B) The volume of each material collected.
C) Event cost by budget category.
D) Event comments.
E) Comparison of 1996 volumes and vehicles with prior years events.
EXHIBIT C
CITY OF KFNT
CITY OPTIONAL PROGRAM
1996 BUSINESS RECYCLING PROGRAM
SCOPE OF WORK AND BUDGET
A. PROGRAM INFORMATION:
1) City Name: Kent
2) Program Title: Kent Business Recycling Program
3) Program Manager: Robyn Bartelt
Conservation Specialist
City of Kent
220 Fourth Avenue South
Kent, WA 98032
TEL - 859-6573
FAX- 859-3559
Outside Consultant: Pacific Energy Institute
101 Yesler Way, Suite 606
Seattle, WA 98116
TEL - 628-0460
FAX- 628-0953
4) Program total: $26,014.00
B. PROGRAM SCOPE OF WORK:
1) Kent business recycling program history:
The two City of Kent garbage haulers, Tri-Star and Kent Disposal, along with private
recycling services provide the collection of recyclables and yard waste from the City
commercial sector. Recycling services available include collection of plastic, glass,
aluminum, tin, mixed paper, cardboard, newspaper, yard debris, wood waste, and
construction, demolition, and land clearing (CDL) materials. Based on information
provided by the Kent garbage haulers, the current recycling rate in the commercial sector
is estimated at 25 percent. Through this program the City will expand promotion and
participation in waste reduction, recycling, and recycled product procurement programs in
the commercial sector. We will do this through the use of King County Solid Waste
Division and City of Kent informational materials, educational brochures, and with on-site
waste consultations to City businesses.
2) Kent business recycling program goals:
The program goal is to help the City reach its waste reduction and recycling goals of 65
percent of the waste stream by the year 2000. To do this Kent must increase the diversion
of recyclables from the commercial sector. The Kent Planning Department, through the
issuing of business licenses, estimates that 2,489 businesses operate in Kent. Of these,
2,053 have less than 20 employees, 288 have 20-50 employees, and 148 have more than
50 employees.
Through this program the City will promote participation in waste reduction, recycling,
and recycled product procurement programs and increase the knowledge of recycling
alternatives in the commercial sector. The City will provide general outreach to all types
and sizes of businesses.
3) Program Activities and Schedule:
A) General Waste Reduction and Recycling Assistance to Businesses: Promotion of this
component of the business outreach will be provided through the Kent Recycling Report
Newsletter sent to all Kent businesses in coordination with the King County Recycling
Works newsletter. The City of Kent will coordinate its technical assistance activities with
the County's Business Recycling Program by providing information and assistance to any
Kent business which requests information or assistance with their waste reduction and
recycling program, including Kent businesses which have been referred to the City by the
County, and by using the Green Works recognition program to motivate and reward
businesses. Technical assistance for waste reduction, recycling and buying recycled will be
provided to businesses over the phone and on-site as needed or requested. General
assistance will include, but not be limited to, waste assessments, presentations to
businesses, and help in determining waste reduction techniques and recycled product uses.
Follow-up assistance will be provided as needed and tracked in a format consistent with
the County. Robyn Bartelt and consultant staff will be responsible for general technical
assistance. This activity will begin in the first quarter of 1996 and continue throughout the
year.
Deliverables:
Assistance provided over the phone to an estimated:
-60 medium to large sized businesses, or businesses with 20-50 employees
-45 small sized businesses, or businesses with fewer than 20 employees
B) Targeted Waste Reduction and Recycling Assistance to Businesses: During 1996, the
program will provide targeted in-depth technical assistance to Kent businesses that
generate large amounts of waste. Large waste generators are those City businesses that
pay over $100,000 a year in garbage bills. This may include, but not be limited to,
selecting participants based on amount of garbage generated, from an industry such as
manufacturing, office, or retail. This may include, but not be limited to, selecting
participants based on amount of garbage generated, from a specific industry, or from a
range of industries. Each participant will be encouraged to become a model in the
community and to provide their assistance to other businesses implementing similar
programs. This task will be performed by consultant staff.
Deliverables:
Assistance provided on-site to an estimated:
-50 businesses (any combination of large and medium sized businesses, Green Works
candidates, and targeted industries).
C) Program Promotion/Community Outreach: Consultant staff will prepare three 8-1/2" x
I V inserts for the quarterly King County Business Recycling Newsletter beginning in the
second quarter of 1996. Newsletter inserts will focus on success stories and educational
messages about waste reduction and buying recycled products, and promote Kent's
Business Recycling Program. Staff will coordinate mailing of the newsletter inserts with
King County staff. Consultant staff will prepare press releases, or articles for community
newsletters, promoting the Program throughout the year when appropriate. Consultant
staff will be available for special presentations to community and business organizations in
Kent when needed. Other promotional activities may be added as deemed necessary.
In addition, the City of Kent will use part of this grant for purchase and distribution of
recycling containers for the City in-house recycling programs. The containers will be used
for the collection of office paper, glass, cans, etc. The City plans to purchase:
-Public Square Recycling Collectors containers for City buildings
4 sets of 4 (various sizes)
- Paper pitch recycling collectors containers
72 (10X11X6)
- Common collection containers
5 sets of 3 (various sizes)
Kent Disposal currently handles the City's in-house recycling program. The in-house
recycling rate is 23%. The City goal is to reach 50% by the end of 1996. The City will
monitor tonnages and changes for recycling and garbage. The City will conduct a waste
audit on what is currently being disposed of as garbage, and what isn't being recycled, and
monitor changes.
Deliverables:
-Prepare, print, and coordinate distribution with King County Business Recycling
Program a Kent Recycling Report Newsletter which will be sent to all Kent businesses
who receive the County's Recycling Works business newsletter.
-Promote commercial recycling in coordination with existing waste
prevention/recycling events (e.g. Earth Day, Recycle Week, Get in the Loop)
-Other general promotional activities will include development of two press releases to
the Valley Daily News, one article for the Kent Newsletter, and one feature story on a
Kent business recycling success story in either the Valley Daily News or Recycling
Report Newsletter.
-Purchase and distribute recycling containers for the City in-house recycling programs.
4) Program Evaluation:
A) Program Evaluation: To provide assessment of the effectiveness of Kent's commercial
outreach program, City and consultant staff will develop and implement a program
evaluation component.
Deliverables:
-Summary program evaluation will include: the number of contacts made to businesses
and their response rates to the offer of technical assistance; the number of businesses
receiving information; the number of businesses beginning or expanding recycling
activities; and the number of Green Works candidates and members in the City of
Kent.
B) Program Management: Robyn Bartelt will monitor consultant staff activities, provide
quarterly reports to King County identifying the activities implemented that quarter and
the costs incurred, and coordinate other program activities with the County's program as
needed.
The City of Kent will submit quarterly reports to King County Solid Waste Division.
These reports will include:
1) a narrative progress report which includes an update on each program or project
approved in the scope of work;
2) a computer generated chart which lists each business assisted along with
information about the business and the assistance as requested in the template
provided by the County; and,
3) a reimbursement request detailing and documenting the expenses incurred each
quarter in a format provided by the County
The City will submit a comprehensive annual report of the 1996 Business Recycling
Program to the County on or before June 30, 1997. The annual report will identify project
goals and determine the effectiveness of each.
C) Timeline: Work will commence in the first quarter of 1996 and continue through
December 31, 1996.
6) Program Budget: $26,014.00
Bud et Category COP consultant)Consultants Total
Funds Cost Hours -$501 Costs
-
City Staff-salary and benefits $4,500.00 $4,500.00
Recvclinci Container Purchase
- 16 Public Square Recycling Container $2,683.36 $2,683.36
-72 Paper pitch recycling collectors $233.71 $233.71
-15 Common collection containers $676.25 $676.25
consultant Staff-to include: $17,920.68 $17,920.68 342.4 $17,920.68
On-site consultations $10,010.68 200.2
Business consultations report $2,000.00 40
Project promotional inserts $600.00 12
Printing costs $800.00
Follow-up calls to businesses $2,010.00 40.2
Project romotion and news articles $600.00 12
Educational resentations to business rou s $700.00 14
Project Re orts $1,200.00 24
TOTALS $26,014.00 I$26,014.00
d
Kent will transfer funds unexpended in one category to another category to complete the
project tasks.
S
EXHIBIT D
REGIONAL SERVICES PROVIDED BY KING COUNTY'S GREEN WORKS
BUSINESS RECYCLING PROGRAM
I. Green Works Program:
A) Green Works Promotion and Telephone Referral Service -- County-wide promotional efforts,
including print and radio advertisements, intended to inform businesses throughout King County
(County) that their waste reduction and recycling programs are important, and that they can
receive free assistance to establish or expand these programs and public recognition if they meet
program standards (see I.C. below). One Green Works telephone number is included in the
promotions, and County staff refer business callers to the appropriate agency for assistance. The
Green Works telephone line is staffed from 8:30 a.m. - 4:30 p.m. Monday through Friday.
B) Green Works Business Recycling Assistance Program -- A network of technical assistance
providers (including King County staff, and recycling coordinators and their consultants who are
participating in the City Optional Program) who assist businesses with their waste reduction,
recycling, and buy-recycled programs. King County staff refers businesses from cities
participating in the City Optional Program to the appropriate city recycling coordinator/consultant
staff. Assistance includes telephone assistance, instructional and educational materials, on-site
waste consultations, and employee education.
C) Green Works Recognition Program -- A recognition program for businesses which recycle at
least 40% of their solid waste, implement at least three waste prevention measures, and purchase
at least three recycled content products; businesses which meet higher standards become
"Distinguished" Green Works members or"Partners". The Green Works recognition program
can be used to encourage businesses to start or enhance their recycling programs.
II. Corporate-wide/Targeted Industry Assistance - Identification of industries and companies
with facilities located throughout the County which could benefit from waste reduction and
recycling education. County-wide coordination of assistance to such corporations and targeted
industries. Development and coordination of any joint programs with umbrella organizations
(trade associations, etc.) to educate industry members and to expand recycling and waste
prevention programs.
III. Recycling Works quarterly newsletter - A newsletter which provides case studies and
information about current waste reduction, recycling, and recycled product procurement practices
relevant to businesses. Any King County city may produce newsletter inserts which will be mailed
with Recycling Works to the businesses in that city.
IV. Dollars for Data Program - A program which provides technical and financial assistance to
selected businesses which design and implement innovative waste prevention strategies and which
submit to the County the waste prevention data gathered during project implementation.
V. Printed Materials - See the attached lists of available materials.
GAbrp\cop\exhd.ila
King County Solid Waste Division - Business Recycling Program
MATERIALS AVAILABLE TO CITIES PARTICIPATING IN
THE CITY OPTIONAL PROGRAM
A) Multiple Copies Available (no charge)
1) King County's Business Waste Reduction and Recycling handbook (35 page book). {Copies
available until supply is depleted.)
2) Green Works promotional materials: a) brochure describing the Green Works Business
Recycling Program; b) flier (one page, double sided) promoting the Green Works recognition
program; c) Green Works recognition program booklet with application form; and d) Green
Works application form (one page, double sided).
3) Back issues of the County's Recycling Works newsletter, produced quarterly. {Copies
available until supply is depleted.)
4) Guide: "Recipes to Prevent Waste in the Restaurant" (8 pages). {The number of copies
available to each city is limited to the number of restaurants in that city.)
B) One"White" Copy Available for Duplication (no charge
1) Guides to "Waste Reduction and Recycling Services in King County" (includes city-specific
and regional information).
2) General waste reduction fact sheet for offices (one page, double sided).
3) Waste reduction fact sheet specific to the real estate industry (one page, double sided).
4) .Waste reduction strategy report: Vermicomposting (16 pages).
5) Waste reduction strategy report: Bulk Dispensing (7 pages).
6) Waste reduction strategy report: Returnable/Reusable Dry Cleaning Bags (6 pages).
7) Waste reduction fact sheet: Reusable Trolley Bags (one page, double sided).
8) Waste reduction fact sheet: Materials Exchange (one page, double sided).
9) Camera ready art for use in local Green Works member promotions.
10) Camera ready poster art: "It's In Your Hands" poster.
11) Camera ready art for graphics used on postcard, brochure, fliers.
C)Materials Available for Purchase
Video: "It All Adds Up" (I I minutes). {$10 per copy.)
D) Materials Planned for 1996 (subject to change, charge to be determined)
Green Works Employee Education Kit
*We ask that you credit King County when using materials produced by the County: "artwork
provided courtesy of King County Solid Waste Division" and/or "text provided courtesy of King
County Solid Waste Division".
February 1996
G:\brp\cop\copmat.lis
King County Solid Waste Division
Construction, Demolition, and Landclearing (CDL) Program
MATERIALS AVAILABLE TO CITIES PARTICIPATING IN
THE CITY OPTIONAL PROGRAM "
1) Contractors' Guide To Handling Waste (16 page booklet with listings of area
recyclers). Multiple copies are regularly distributed to city permit centers.
2) Construction Site Recycling Case Study #1 - Circuit City
3) Wood Recycling Fliers - One page of"how-to's" targeting wood recycling
4) CDL Disposal Facilities Fliers - One page information sheet
5) CDL Recycling Fact Sheets:
a) Preventing Waste In The First Place
b) Setting Up A Jobsite Recycling Program
c) Using Recycled-Content Building Materials
d) Making Your Program Work
e) Are There Dollars In Your Dumpster?
f) Recycling Economics Worksheet
g) Designing Waste Management Plans and Specifications
6) Green Works/Construction Works Applications
Multiple copies are available of all materials upon request.
February 1996
g:1b rp1 c o p 1cd I mat.I is
King County Grant Ai1reement -Recycling
��wvv Wickstrom said we have received a grant for $36,491.00 for special recycling events that are held
twice yearly. We are requesting authorization for the Mayor to sign the agreement and establish a
budget for this grant.
Committee unanimously recommended authorization for the Mayor to sign the grant agreement and
direct staff to accept the grant and establish a budget for $36,491.00.
Don't Drink and Drive Signs
Wickstrom said the Public Works Dept has received a request from the Drinking Driving Task Force
to install "Please Don't Drink & Drive" signs. We will be going ahead with their request and we
wanted the Committee to be aware of this. In response to Leona Orr, Wickstrom said that because
of our maintenance responsibility, these signs will remain up for one year only.
Added item:
Condemnation two parcels on West Valley Highway (West side of W V Highway and North of
272nd
Wickstrom explained that along West Valley Highway there is an old 18" drainage pipe constructed
a number of years ago by the farmers, which is not working. At any heavy rainfall, the west side of
the road becomes a "lake" and overtops the road and that's why West Valley has been closed so much
over the past year. Wickstrom said we are proposing to replace the old 18" pipe, no upsizing,just
get it back into operation. He said we have approached the two property owners involved and they
are not willing to grant us any easement. The problem is, if we don't do anything we will loose the
road which could potentially cost hundreds of thousands of dollars to fix. We are continuing to
negotiate with the property owners but we need authorization to proceed with condemnation.
Wickstrom stated this side of the road is in the County and is connected to Mill Creek, which is fish
bearing. As such, we will be involved with the County and Fisheries for permits.
Committee unanimously recommended that the City Attorney be directed to prepare a Condemnation
Ordinance and authorize condemnation on these two properties.
As an information item Wickstrom mentioned the Burlington Northern/Sante Fe merger and the
Stampede Pass issue. He noted there was an article in the newspaper about the Union
Pacific/Southern Pacific merger which would create the largest railroad in the nation; 35,000 miles
of track. There would be a substantial savings to the user in terms of cutting their user fee. He said
we can anticipate more use of the Union Pacific routes with this merger in the future. As such, we
may be coming directly to Council for some action which acknowledges our concern about the
potential for increased rail traffic and resulting blockage of our at-grade road crossing.
Meeting adjourned: 4:30 P.M.
2
�O
Kent City Council Meeting
Date June 18 , 1996
Category Consent Calendar
1. SUBJECT: KIWANIS CLUB DONATION - KIWANIS TOT LOT #3
2 . SUMMARY STATEMENT: Staff requests authorization to accept
and make necessary budget changes for the $814 . 00 cash donation
from the Kiwanis Club of Kent. This is a donation for Kiwanis
Tot Lot #3 , and is associated with the King County Cultural
Resources Youth Sports Facilities Grant (YSFG) that was
accepted by the Council on February 20, 1996.
3 . EXHIBITS• None
4 . RECOMMENDED BY: Staff and Parks Committee, 6/4/96
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3I
11101'1'41
Kent City Council Meeting
Date June 18 . 19_96
Category Consent Calendar
1. SUBJECT: KENT LIONS CLUB DONATION - YANGZHOU PARK
2 . SUMMARY STATEMENT: Staff requests authorization to accept
and make necessary budget changes for the $500. 00 cash donation
from the Kent Lions Club of Kent. This is a donation used
during the construction of Yangzhou Park.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Staff and Parks Committee 6/4/96
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3J
;01
Kent City Council Meeting
Date June 18 , 1996
Category Consent Calendar
1. SUBJECT: MERIDIAN COMMUNITY PUBLIC PARTICIPATION ART PROJECT
2 . SUMMARY STATEMENT: Staff requests authorization to accept
the Meridian Community Public Art proposal by artist Tina
Hoggatt for amount of $27, 500. The Meridian Community Public
Participation Art Project is a community art project that will
include hands-on workshops with the completed art work being
placed in Lake Meridian Park and Meridian Glenn Park. Artist
Tina Hoggatt has proposed to coordinate the project for
$27 , 500. The artwork is budgeted in the 1996 City Art Plan.
Proposal acceptance is recommended by the Kent Arts Commission
and the Public Art Jury.
3 . EXHIBITS: Artist' s proposal
4 . RECOMMENDED BY: Staff and Parks Committee 6/4/96
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3K
Meridian Community Arts Project Proposal
Tina Hoggatt, Artist
May 1996
PROPOSED ARTWORKS
Whirligig sculptures (four), Lake Meridian Park
Terrazo or tile and mosaic benches (six), various sites
Treatment of existing. foot bridge or other
improvements in Meridian Glen Park
Lake Meridian Park
Artwork: Whirligig sculptures
Site: above retaining walls on hill overlooking the lake.
Located between the covered picnic area and restroom
facilities, artwork will be visible from water, children's
play area and "bowl".
x Four whirligig sculptures reflecting park activities,
(watersports, outdoor play, concerts, wildlife), will be cut from
steel plate, ground and painted. Whirligigs will be mounted on
top of steel poles which will also be painted. The poles will be
secured in fittings cast into concrete footings. Welding classes
at Kent Meridian Ilighschool, under the direction of instructor
Dan Aragon, will assist in fabrication.
Artwork: Terrazo or tile and mosaic benches
Site:_ Children!s Play area. Parents currently have no place
to sit while they watch their children. play. Two benches
will. be situated in a shaded_ area outside the curb
surrounding the play structures, affording a view of the-
lake.
Two, possibly three of six proposed benches will be installed.at
this site. Whether tiled or terrazo, benches will be cast from
concrete and secured by means of a bolting system into
concrete footings.
�-I
* For tile: community members will paint and glaze tiles and
assist in adhering to cast concrete benches. These will then be
grouted.
* For terrazo. community members will use unglazed tile, stone,
glass,metal to lay out designs which will then be cast into
benches- Surfaces willbe-ground and polished to-expose
enclosures_
Meridian Glen Perk
Artwork: Terrazo or tile and mosaic benches_ There is no
seating in this, park which is located in a residential
neighborhood and heavily used.
Site: Undetermined
* Seating will be sited once status of bridge improvements is
determined. See below.
Artwork: Treatment of existing foot bridgeIncorporationanathway, to
include structural changes, pavers.
of
written work.
Site: Foot bridge crosses small stream and wetland to the
rear of the park- Trails follow the creekside, one leading
through housing_ to an adjacent cul de sac.
This part of the project is loosely defined at this point. Any
treatment to the area around the bridge is dependent on what will
wetland classification is_ This information is pending.
definitely be installed in the park. I intend to work closely with the
neighborhood on placement and treatment of artworks. There will
be some seating element, the benches described above. Siting of
benches will be decided by the neighboring community in relation to
improvements to the bridge area. There has been interest in
building an openwork wooden structure on top of the existing bridge,
incorporating cast glass, metal enamel and written material. There
has also been interest in simpler treatments, cast glass relights under
the railings, perhaps tiled railings. Tom Brush's creative writing
students at Kent Meridian Highschool have been generating some
writing which would be appropriate for this site. Sandblasted stone
pavers, to be placed on short rampways leading to and from the
bridge, are a possibility for using this writing. Again, the wetland
status will define.what happens here. Since the structure is already
in place.it is.possible that simple, straightforward modifications may
be made without too much trouble_
Also possible is apartnership with the City of Kent's Adopt-A-Park
program. and the public works and environmental engineering arms
of the City, in improving the trails. The trails are currently in use
and are somewhat boggy (at least during our long season of rain). If
this proves to be a sensitive wetland designated area,.raised wooden
walkways could serve to protect trails already in use along the creek.
Such improvements would have the additional benefit of improving
park access. Several homes have back yards bordering the trail. One
of the community members has canvassed homeowners regarding
trail improvement and has received positive support.
SCHEDULE
June
* Work with KMEIS students in 2-dimensional arts class to create
whirligig templates from community members' drawings.
Whirligigs will be cut from these.
* Procure whirligig steel. Oversee design refinements and
whirligig fabrication.
* Paint whirligigs and seal. (May extend into July)
Procure poles, paint.
* Meet with writers, edit and choose writing for application in
artworks in Meridian Glen Park (sandblasted pavers, enamel
metal).
* Finalize design for benches. Have forms built.
Tune coat.
* Procure unglazed the and glazes for tiled benches.
* Settle status of wetland in Meridian Glen_ Obtain permits as
needed_ Interface with Adopt-A P ark, environmental
engineers.
* Meet with Meridian-Glen neighborhood members on placement
of seating. Finalize plans for bridge.
* Schedule-glass casting-session.for August. Orientation in hot
shop @ Pratt Fine Arts Center.
Tuiy
* Set up studio in nursery on13 2nd Ave. Newly acquired by the
City of Kent, this win serve as a base of operations, storage and
staging area. Build work benches, shelving etc. as needed_
* Establish studio hours, three days per week, one day being a
weekend day.
* Notify community of scheduled hours, workshops, scope of
project through Kent Arts Commission newsletter and mailings
to past participants.
* July 11 test for access card, hot ZD
glass studio @ Pratt. (Helpful
should glass be a part of final design).
* Begin work on benches, tile and terrazo during studio hours.
Explore possibility of placing one bench in Springwood Park.
Set up workshop day for Springwood.
* July 18 and 25 evening workshops prior to concerts in Lake
Meridian Park. Tile painting or terrazo work.
* Workshop for Meridian Glen, terrazo or tile bench work, clay
work for molds to be used in glass casting if needed.
* Obtain sandstone pavers as needed, create stencils.
Alternatively, design metal enamel pieces.
August.
* 1st and 8th evening.workshops before concerts in Lake
Meridian.Park_
* Install whirligigs_
* Fire ceramic tile as needed..
* Finish bench layout, have benches cast. Install tile, grout,
seal. Install benches.
* Cast glass for bridge.
* Sandblast pavers or have enamel pieces fabricated as needed
for Meridian Glen Park.
* Trail work, Meridian Glen.
x Co=lete Meridian Glen Park work.
All work will be installed by the end of the month, with two weeks
grace in September. Dedication in September with lots of good food
and moving speeches.
I would like to note that these decisions were reached after three
open meetings with the community at large, numerous school
workshops and presentations and several presentations to private
groups_ There were more sites and ideas than could be used and
practical concerns caused some to be-rejected. The two sites chosen
reflect the majority of community interest. There were some good
suggestions that merit further consideration by the City as future
public art projects, notably much interest in a water sculpture for the
lake, and an easement area along 240th near 13 2nd Ave., currently
outside the City of Kent bounderies. This site affords good exposure
to foot and vehicle traffic and has neighborhood support for an arts
project. There are plans to incorporate this site into the City of Kent
in the near future.
BUDGET
Community
Outreach $ 1,700.00
S7 hours @ $30
Proposal Development 1 2_ 00-Q-O
40 hours @ $30 To be billed $ 27900.00 $2,900.00
Benches (6) labor and materials $ 4,000•00
installation 17000.00 5,000.00
Whirligigs (4) labor and materials 47000.00
installation 17000.00 52000.00
Meridian Glen project 5000.00 5,000.00
Subtotal S157000.00
Contingency @ 100/0
S 1,500.00 17500.00
500.00 S 00.00
Insurance
77100.00 7,100.00
Artist Fee
Assistant
17000.00 1.000.00
Workshop/Installation Subtotal $257100.00
Sales Tax .000.00
Workshop/Installation Total $277100.00
Outreach / Proposal 2,900.00
Project Budget Total $30,000.00
Kent City Council Meeting
Date June 18 , 1996
Category Consent Calendar
1. SUBJECT: MACISAAC SANITARY SEWER EXTENSION - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the bill of sale for MacIsaac
Sanitary Sewer Extension submitted by Robert C. MacIsaac for
continuous operation and maintenance of 685 feet of sanitary
sewer improvements, and release of bonds after expiration
period. This project is located in the vicinity of 114th
Avenue S.E. and S.E. 251st Street.
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
.ACTION•
Council Agenda
Item No. 3L
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/01
Kent City Council Meeting
Date June 18 . 1996
Category Consent Calendar
1. SUBJECT: WEST VALLEY HIGHWAY PROPERTIES - CONDEMNATION
ORDINANCE
2 . SUMMARY STATEMENT: During the heavy rainy seasons, West
Valley Highway at S. 272nd has consistently flooded making it
necessary for the Public Works Department to close the road.
The City has been unsuccessful thus far in negotiations with
the property owners on the west side, to grant an easement to
reconstruct an existing 181, drainage pipe which will take care
of this problem. As such, it has been recommended by the
Public Works Committee to adopt Condemnation Ordinance
No. authorizing condemnation on these two properties,
should negotiations continue to fail.
3 . EXHIBITS: Ordinance and Public Works Committee minutes
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3M
King County Grant AgreemQnt - Recycline
Wickstrom said we have received a grant for $36,491.00 for special recycling events that are held
.twice yearly. We are requesting authorization for the Mayor to sign the agreement and establish a
budget for this grant.
Committee unanimously recommended authorization for the Mayor to sign the grant agreement and
direct staff to accept the grant and establish a budget for $36,491.00.
Don't Drink and Drive Signs
Wickstrom said the Public Works Dept has received a request from the Drinking Driving Task Force
to install "Please Don't Drink & Drive" signs. We will be going ahead with their request and we
wanted the Committee to be aware of this. In response to Leona Orr, Wickstrom said that because
of our maintenance responsibility, these signs will remain up for one year only.
Added item:
Condemnation two parcels on West Valley Highway(West side of W V Highwav and North of
272nd
Wickstrom explained that along West Valley Highway there is an old 18" drainage pipe constructed
a number of years ago by the farmers, which is not working. At any heavy rainfall, the west side of
the road becomes a "lake" and overtops the road and that's why West Valley has been closed so much
over the past year. Wickstrom said we are proposing to replace the old 18" pipe, no upsizing,just
get it back into operation. He said we have approached the two property owners involved and they
are not willing to grant us any easement. The problem is, if we don't do anything we will loose the
road which could potentially cost hundreds of thousands of dollars to fix. We are continuing to
negotiate with the property owners but we need authorization to proceed with condemnation.
Wickstrom stated this side of the road is in the County and is connected to Mill Creek, which is fish
bearing. As such, we will be involved with the County and Fisheries for permits.
Committee unanimously recommended that the City Attorney be directed to prepare a Condemnation
Ordinance and authorize condemnation on these two properties.
As an information item Wickstrom mentioned the Burlington Northern/Sante Fe merger and the
Stampede Pass issue. He noted there was an article in the newspaper about the Union
Pacific/Southern Pacific merger which would create the largest railroad in the nation; 35,000 miles
of track. There would be a substantial savings to the user in terms of cutting their user fee. He said
we can anticipate more use of the Union Pacific routes with this merger in the future. As such, we
may be coming directly to Council for some action which acknowledges our concern about the
potential for increased rail traffic and resulting blockage of our at-grade road crossing.
Meeting adjourned: 4:30 P.M.
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington, providing for
the acquisition of a permanent easement for storm drainage utility purposes
over certain property in order to improve, alter, install, construct,
reconstruct, operate and maintain a portion of the City's storm drainage
utility system, which property is generally located on the west side of West
Valley Highway (SR 181) south of SE 262nd Street; providing for the
payment thereof from the City's Drainage Utility Fund; and providing for
the condemnation of such property rights as necessary therefor; all of said
properties located within King County, Washington.
THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of all or
a portion of two parcels of real property located in King County, Washington, for the City's storm
drainage utility system. The properties designated for condemnation are located generally on the
west side of West Valley Highway (SR 181) south of SE 262nd Street and are legally described
in Exhibits A and B, which are attached hereto and incorporated herein by this reference
(hereinafter, the "Properties").
1
Section 2. The public convenience, use and necessity demand that the City condemn the
Properties in order to acquire an easement for storm drainage utility system purposes, which
purposes shall include all acts necessary or that may, from time to time, become necessary to
complete the improvement, alteration, construction, reconstruction, installation, operation and
maintenance of said storm drainage utility system.
Section 3. The City shall condemn the Properties only after just compensation has first
been made or paid into court for the owner or owners in the manner prescribed by law.
Section 4. The City shall pay for the entire cost of the acquisition by condemnation
provided for in this ordinance through the City's Drainage Utility Fund, or from any of the City's
general funds, if necessary, as may be provided by law.
Section 5. The City authorizes and directs the City Attorney to commence those
proceedings provided by law that are necessary to condemn the Properties. In conducting tl
condemnation proceedings, the City authorizes the City Attorney to enter into agreements or
stipulations in order to minimize damages, which agreements or stipulations may include, but not
be limited to, size and dimensions of the Property condemned, construction easements and other
property interests.
Section 6. Any acts consistent with the authority and prior to the effective date of this
ordinance are ratified and confirmed.
Section 7. The provisions of this ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance,
or the invalidity of the application thereof to any person or circumstances shall not affect the
validity of the remainder of this ordinance, or the validity of its application to other persons or
circumstances.
2
Section 8. This ordinance shall take effect and be in force thirty (30) days from and after
its passage, approval and publication as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED the day of 19
APPROVED the day of , 19
PUBLISHED the _ day of 19
I hereby certify that this is a true and correct copy of Ordinance No. passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of
Kent hereon indicated.
BRENDA JACOBER, CITY CLERK
CONDEM IS.pwk
3
The land referred to in this is situated in the county of
King, state of Washington, and described as follows :
That portion of the Moses Kirkland Donation Land Claim No . 40 ,
described as follows :
Beginning at the intersection of the west margin of the right-of-way
of State Aid Road No . 69 (State Highway 5-M) with the south boundary
line of said Donation Land Claim;
the westerly along said south boundary 2 , 181 . 5 feet , more or
less, to the southwest corner of said Donation Land Claim;
thence north 0051 ' 10" west along the west boundary line of said
Donation Land Claim 1, 141 . 02 feet ;
thence north 88037 , 201, east to an intersection with said road, said
latter line being the south line of Irvine T. Alvord Tracts ,
according to the unrecorded plat thereof ;
thence southerly along the westerly margin of said road to the point
of beginning.
EXHIBIT
The land referred to in this EXtkl�l+ is situated in the county of
King, state of Washington, and described as follows :
Beginning at the northwest corner of Moses Kirkland Donation Land
Claim in Section 26 , Township 22 North, Rance 4 East , W.M. , in Kinc
County, Washington;
thence along the west line of said claim, south 0151 ' 10" east
1579 . 87 feet to the northwest corner of the M.M. Morrill Tract ,
recorded under Recording Number 329119 ;
thence north 88037120" east 939 . 29 feet , along the north line of
said tract, to THE TRUE POINT OF BEGINNING;
thence along said line, north 88037120" east 1232 . 67 feet to the
westerly margin of State Aid Road No . 69 ;
thence along said margin, north 6050 ' west 344 . 71 feet to a point
hereinafter referred as to Point "A" ;
thence south 89021115" west 309 . 04 feet ;
thence north 66041120" west 50 feet to the center line of the slouch;
thence along said line, north 66041120" west 81 . 53 feet ;
thence north 32017100" west 137 . 80 feet ;
thence north 56054140" west 255 . 98 feet ;
thence north 67020140" west 145 . 09 feet ;
thence south 16042140" west 94 . 26 feet ;
thence south 49055100" west 125 . 78 feet-- ,-
thence south 47037140" east 187 . 29 feet ;
thence south 22022120" west 11 .46 feet ;
thence south 71052110" west 95 . 27 feet ;
thence south 35036150" west 82 . 71 feet ;
thence south 40049150" west 127 . 64 feet ;
thence south 19039110" west 160 . 04 feet ;
thence south 42042130" west 109 . 30 feet to the TRUE POINT OF
BEGINNING;
(ALSO BEING KNOWN AS Tract 4 of Irving T . Alvord Tracts , according
to the unrecorded plat thereof) ;
EXCEPT roads ;
AND EXCEPT the southerly 90 feet of the easterly 130 feet thereof ;
AND EXCEPT that portion thereof described as follows :
Beginning at said Point "A" ;
thence south 89021115" west 269 . 00 feet ;
thence south 00038145" east 111 . 00 feet ;
thence north 89021115" east 281 . 03 feet to said westerly margin of
State Aid Road No . 69 ;
thence north 06050100" west alone said westerly margin 111 . 65 feet
to the point of beginning of this excepticn.
EXHIBIT. L.
Kent City Council Meeting
Date June 18 . 1996
Category Consent Calendar
1 . SUBJECT: SOUTH KING COUNTY HOUSING FORUM - SET WORKSHOP DATE
2 . SUMMARY STATEMENT: Authorization to set July 2 , 1996, at
6: 00 p.m. as the date and time for a workshop concerning
housing needs and issues in South King County, as requested by
the Planning Committee on May 21, 1996. The staff of the South
King County Housing Forum will present a slide show and a model
for addressing the need for a coordinated approach to fund
affordable housing. A draft resolution will be presented for
consideration, authorizing the City to work with other South
King County cities to develop a draft interlocal agreement for
a regional entity to address housing in South King County.
3 . EXHIBITS: Planning Committee minutes of 5/21/96
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. 3N
CITY COUNCIL PLANNING COMMITTEE MINUTES
MAY 21, 1996
PAGE 3
is better to be handled at the Public Works Committee, we will get this item to the proper
Committee to be dealt with.
ADDED ITEMS:
SOUTH KING COUNTY HOUSING FORUM - PRESENTATION BY MICHAEL
ROSSOTTO
Lin Houston introduced, Mr. Michael Rossotto, the South King County Housing Forum
Coordinator, 107 Pine Street, Seattle, WA 98101, who came to give an update to the
Committee about affordable housing. In April of last year, the Kent City Council made a
motion for the City to participate with other south county cities in exploring a mechanism for
addressing affordable housing and explore some options for affordable housing.
Since the last presentation, Mr. Rossotto said they have been working on putting together a
package that could be presented to communities to show options on how communities can work
together on affordable housing throughout the south county. In this process, there have been
ongoing meetings and a Regional Cooperation group have been addressing what kinds of issues
are really pertinent to the local communities such as resources, time, and staffing.
He presented an up-to-date slide show with current statistics about housing. Mr. Rossotto passed
out a briefing packet which included a draft resolution; a question and answer sheet called A
Regional Housing Entitv for South King County, which states the overall Goal; a summary sheet
providing the following information: Mission statement, a list of Task Forces, a Focus on
Housing that Works for South King County, History and Activities, and Funding; a reported
called Housing that Works in South King Countv from the SKCHF dated August 1995; and a
booklet entitled Housing Affordability in South King County A Fact Book prepared by the
Seattle - King County Housing Consortium for the South King County Housing Forum dated
October 1, 1994.
Mr. Rossotto briefly went over the goal which is to "Obtain agreement from at least three South
King County cities to sign an interlocal agreement forming a regional entity for low and
moderate income housing in South King County by the end of 1996". The Forum is at a point
in drafting language for a resolution for consideration by the Kent City Council for approval,
which would basically authorize the City of Kent to work with other south King County cities
to develop a draft interlocal agreement creating a regional mechanism to address South County
housing needs and issues.
Chair Orr stated that perhaps a City Council Workshop be set up in the next month or so to get
the entire Council up to speed on this issue and move forward in finding a way to participate
and getting this into the City's budget process. The Committee agreed that a Council Workshop
needs to be set up (possibly July 2nd) and specifically Tim Clark requested that the history and
background on this issue be presented at this Workshop. They would like Mike Rossotto to give
a presentation to the full Council on this issue. Chair Orr stated she anticipates that after the
CITY COUNCIL PLANNING COMMITTEE MINUTES
MAY 21, 1996
PAGE 4
Workshop the Council could take action in about month after at a Council meeting. Chair Orr
thanked Mr. Rossotto for coming to the meeting and for his presentation.
ADJOURNMENT
The meeting adjourned at 4:58 p.m.
c:mp:pco52196.min
;M
Kent City Council Meeting
Date_ June 18 , 1996
Category Consent Calendar
1. SUBJECT: MERIDIAN STREAM BUFFERS INTERIM ZONING CONTROLS
EXTENSION - ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No. which
extends the interim zoning controls now in effect in the
Meridian Annexation area relating to stream setbacks and
buffers in order to conduct SEPA review and to develop an
implementing ordinance, all as directed by the Interim Land Use
and Planning Board following a public meeting on May 29 , 1996.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Interim Land Use and Planning Board (3-0)
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 30
j,
ORDINANCE NO.
AN ORDINANCE of the City of
Kent, Washington, extending interim
zoning controls established by City
Ordinance No . 3259 , relating to
stream development standards in the
Meridian Annexation Area .
WHEREAS, on January 1, 1996 , the City annexed a 5 . 2
square mile area of unincorporated King County lying east of the
existing City limits, commonly known as the Meridian Annexation
Area; and
WHEREAS, three major tributaries to the Soos Creek
drainage system, Soos Creek, Big Soos Creek, and Little Soos Creek
lie within the City' s annexation area; and
WHEREAS, these three tributaries constitute a significant
part of a unique regional drainage system, providing valuable
habitat for salmon and other plant and wildlife. species; and
WHEREAS, Metropolitan King County' s development setbacks
along these tributaries, known as "buffers , " establish more
1
, effective protection for these tributaries ' systems than would be
established under Kent City Code development standards ; and
WHEREAS, various parties who deem themselves affected by
this potential change in setback requirements have notified the
City of their concerns for the continued preservation of this
important habitat area; and
WHEREAS, on December 19, 1995, after a public hearing on
the matter, the Kent City Council , by its Ordinance No. 3259 ,
established interim zoning controls relating to preservation of
these stream buffers so that City staff could conduct further study
on the matter; and
WHEREAS, the City staff has studied this matter, and o-
May 29 , 1996 , the City' s Interim Land Use and Planning Board held
a public hearing on a proposed zoning map and text amendment that
will permanently preserve these established stream development
standards on these tributaries in the Meridian Annexation Area; and
WHEREAS, the Interim Land Use and Planning Board
determined, in principle, to implement these setbacks and buffers ,
subject to review under the State Environmental Policy Act ( "SEPA" )
and also subject to final review and approval of the implementing
ordinance; and
WHEREAS, it is appropriate to extend the established
interim zoning controls created by Ordinance No . 3259 in order to
preserve these stream development standards in the Meridian
Annexation Area in order to conduct SEPA review and to develop
regulations pursuant to the direction of the Interim Land Use and
Planning Board. NOW THEREFORE :
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS :
Section I . Recitals and Findin s Incorporated. The
foregoing recitals and findings are by this reference incorporated
and made a part hereof .
Section 2. Findings and Conclusions The Kent
City Council finds as follows :
A. Soos Creek, Big Soos Creek, and Little Soos Creek
lying within the City' s Meridian Annexation Area, as described in
the City' s Ordinance No . 3259 , are part of a significant regional
drainage network;
B . This drainage network provides valuable and unique
habitat for fish life, plant life, and wildlife within the Meridian
Annexation Area and throughout the region;
C. Existing City zoning that would apply to the
Meridian Annexation Area would not provide the same level of stream
protection as currently provided by Metropolitan King County ' s
development standards;
D . The City wishes to preserve the County' s development
standards, including, without limitation, the County' s 25 and 10C
foot buffer requirements, for an interim period while the City
conducts SEPA review of the impacts of permanently implementing
these zoning controls and while City staff develop and propose
3
development standards specifically designed to implement these
. zoning controls .
Section 3 . Interim Zoning Control . The Interim
Zoning Controls established by City Ordinance No. 3259 on December
19, 1995, which established the County' s development standards and
provisions for Soos Creek, Little Soos Creek and Big Socs Creek
, within the City' s Meridian Annexation Area as enacted in chapter
. 21 . 54 of the Metropolitan King County Code shall be extended. Kent
City Code Sections 15 . 08 . 220-15 . 08 . 224 and the City' s "Hazard Area
Development Limitations" Map are hereby modified during this
interim zoning control period to the extent that they are
inconsistent with this ordinance .
Section 4. Expiration. These interim zonin--
controls shall be in effect as of July 1, 1996, and shall remain in
effect for three (3) months unless extended or shortened by action
of the Kent City Council .
Section 5. Severability. The provisions of this
ordinance are declared to be separate and severable . The
invalidity of any clause, sentence, paragraph, subdivision, section
or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstances shall not affect the
validity of the remainder of this ordinance, or the validity of its
application to other persons or circumstances .
4
Section 6. Effective Date . This ordinance shall take
effect and be in force five (5) days from the time of its
publication as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED the day of 19_
APPROVED the day of 19_.
PUBLISHED the day of 19 .
I hereby certify that this is a true and correct copy of
Ordinance No . passed by the City Council of the City of
Kent , Washington, and approved by the Mayor of the City of Kent
hereon indicated .
BRENDA JACOBER, CITY CLERK
STREAM2.ord
5
Si.......ad
�O
Kent City Council Meeting
Date June 18 , 1996
Category Other Business
1. SUBJECT: COUNCILMANIC BOND ISSUE - ORDINANCE AND PURCHASE
CONTRACT
2 . SUMMARY STATEMENT: At their June 5, 1996 meeting, the
Operations Committee recommended proceeding with a bond issue
to finance several projects for the City. This is a
Councilmanic Taxable and Nontaxable General Obligation Bond
for four specific projects:
1. Purchase of general government building, known as the
Centennial Building.
2 . Purchase of Parks land and facilities.
3 . Street Project in cooperation with King County for 240th
Street.
4 . A drainage project for Valley Detention System.
May Miller, Finance Division Director and the City' s Bond
Underwriter Dick King of Lehman Brothers will make a brief
presentation and be will available to answer any questions.
3 . EXHIBITS: Memos, letters, ordinance, and bond purchase
agreement
4 . RECOMMENDED BY: Operations Committee (3-0) 6 5/96
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6 . EXPENDITURE REQUIRED: Approximately $26 , 115 , 000
SOURCE OF FUNDS: Taxable and Nontaxable General Obligation
Bonds
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember_ seconds
to adopt Ordi ce No. -3 3 01 related to the 1996 Councilmanic
Bond Issue and authorizing the Mayor to sign the Bond Purchase
Contract.
DISCUSSION: V
ACTION. P
Council Agenda
Item No. 4A
LEHMAN BROTHERS
MEMORANDUM
To: May Miller
FROM: Richard B. King 0t%-
DATE: June 13, 1996
SUBJECT: Series 1996 Limited Tax General Obligation Bonds
Attached are three schedules describing the Series 1996 LTGO Bonds. Page I describes the
annual debt service requirements for the three non-Centennial Building Projects: Street in the
principal amount of$1,745,000; Parks in the principal amount of $3,855,000; and Drainage in
the principal amount of $8,345,000. The average annual debt service requirements for these
components are $149,000 for Street; $332,000 for Parks; and $718,000 for Drainage.
Page 2 describes the debt service requirements for the Centennial Building project. As noted in
the columns on the left entitled "Centennial Building (Adjusted)", average annual debt service
for the S12.17 million issue is approximately $908,000, which includes a tax-exempt and a
taxable component. The balance of this page describes the savings we have been able to achieve
by structuring the taxable component to mature in the early years. In contrast to the Preliminary
Official Statement, we have been able to retire all of the taxable bonds by the end of 2003, which
will reduce overall costs.
Page 3 describes the Sources and Uses of Funds for the tax-exempt 1996 Series A and taxable
1996 Series B issues. Since the City will continue to lease a portion of the Centennial Building
to private parties, the City is required to finance a portion of this project with taxable bonds.
Although interest rates have risen since the City executed a purchase agreement with the current
owner of the Centennial Building, we have been able to reduce the annual debt service expenses
associated with this portion of the financing by structuring the taxable portion to mature as
quickly as possible. On a combined basis,the estimated all-in true interest cost is 6.34%.
Moody's Investors Service and Standard& Poor's have confirmed the City's outstanding general
obligation ratings of Al/A+, respectively. We anticipate the use of bond insurance, which will
provide ratings of Aaa/AAA, will be cost effective. I look forward to answering any questions
you may have.
c00d b_e ON ti7SE use 90E F 4_114dSS Sd3H10J8 NUWH3-1 ZZ:SL 96/STi90
CITY OF KENT MEMO
TO: Mayor Jim White
Councilmembers
FROM: Mayene Miller, Finance Division Director»
DATE: June 13, 1996
SUBJECT: Councilmanic Taxable and Non Taxable General Obligation Bonds
Authorization is requested to enter into a bond purchase agreement with Lehman
Brothers , Inc. , and to adopt bond ordinance relating to the issuance of
taxable and non taxable councilmanic general obligation bonds to fund the
purchase, and construction of the following approved projects (the amounts
include estimated debt issuance and bond insurance costs) :
General government building known as the Centennial Building $12, 170 , 000
Portion of which is taxable
Council approved on April 2, 1996
Parks land and facilities 3,855,000
Council approved on May 7, 1996
Street project-Improvements to SE 240th Street from 116th Ave.
SE to 138th Ave. SE 1 ,745.000
Council approved on February 6, 1996
Drainage project-Valley detention system improvements 8,345,000
Council approved on May 2, 1995
Total $26,115,000
Although the Bonds require the pledge of the full faith and credit of the
General Government to make debt service payments , it is planned that the
Street Utility tax will pay the street portion, Drainage revenue will pay the
Drainage portion , and the private and City lease revenue will pay the
Centennial portion. Finally, the Parks piece will be paid from Sales Tax
collected in the CIP fund previously budgeted for capital expenditures . No
additional tax burden will be required. The Mayor and Council should feel
proud of taking this proactive approach to funding future parks , a facility,
and street as well as developing a dual purpose park wildlife habitat/
stormwater drainage lagoon.
Finance Director May Miller and Mr. Richard King of Lehman Brothers , Inc. will
be available for a brief presentation and to answer any questions.
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DRAFT DATED MAY 23, 1996
CITY OF KENT, WASHINGTON
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington,
relating to contracting indebtedness; providing for the
issuance of $ par value of Limited Tax General
Obligation Bonds, 1996, Series A (Tax-Exempt) , and
$ par value of Limited Tax General Obligation
Bonds, 1996, Series B (Taxable) , of the City for general
City purposes to provide funds with which to pay a part
of the cost of acquiring the Centennial Building,
acquiring land for City parks, improving certain streets,
improving the City's Drainage utility and paying the
costs of issuance and sale of the bonds; fixing the date,
form, maturities, interest rates, terms and covenants of
the bonds; establishing certain funds; providing for bond
insurance; and approving the sale and providing for the
delivery of the bonds to Lehman Brothers Inc. of Seattle,
Washington.
PASSED June _, 1996
This document prepared by:
Foster Pepper & Shefelman
1111 Third Avenue, Suite 3400
Seattle, Washington 98101
(206) 447-4400
0239430.02
r006 ZBT 'ON TVSZ 0SB 90E E- �Hi4d3S SNEHi0Z�S NCWH3-1 02:OT 96/2Ti90
CITY OF KENT, WASHINGTON
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington,
relating to contracting indebtedness; providing for the
issuance of $ par value of Limited Tax General
Obligation Bonds, 1996, Series A (Tax-Exempt) , and
$ par value of Limited Tax General Obligation
Bonds, 1996, Series B (Taxable) , of the City for general
City purposes to provide funds with which to pay a part
of the cost of acquiring the Centennial Building,
acquiring land for City parks, improving certain streets,
improving the City's Drainage Utility and paying the
costs of issuance and sale of the bonds; fixing the date,
form, maturities, interest rates, terms and covenants of
the bonds;establishing certain funds; providing for bond
insurance; and approving the sale and providing for the
delivery of the bonds to Lehman Brothers Inc. of Seattle,
Washington.
WHEREAS, the City of Kent, Washington (the "City") , is in need
Of (1) acquiring the Centennial Building; (2) acquiring land for
parks; (3) improving certain streets; and (4) making capital
improvements to the City's Drainage Utility (collectively, the
"Project") , the estimated cost of which is $23 ,800,000, and the
City does not have available sufficient funds to pay the cost; and
WHEREAS, the City Council deems it to be in the best interests
of the City to issue and sell $ par value of limited tax
general obligation bonds (the "Bonds") to pay part of the cost of
the Project and to pay the costs of issuance and sale of the Bonds;
and
WHEREAS, ("Bond Insurer") has
made a commitment to issue an insurance policy (the "Municipal Bond
Insurance Policy") insuring the payment when due of the principal
of and interest on the Bonds as provided therein, and the City
0239430.02
200d Z8� 'ON ibSZ 093 90E F 1�14ddS SH3H10b9 NHWH37 OP:Ri 9F/s'T/qa
Council deems that the purchase of the Municipal Bond Insurance
Policy is in the best interest of the City; and
WHEREAS, Lehman Brothers Inc. of Seattle, Washington, has
offered to purchase the Bonds authorized herein under the terms and
conditions hereinafter set forth in the form of a purchase
contract; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO ORDAIN as
follows:
Section 1. Debt Capacity. The assessed valuation of the
taxable property within the City as ascertained by the last
preceding assessment for City purposes for the calendar year 1996
is $4, 128, 403 ,430 , and the City has outstanding general
indebtedness evidenced by limited tax general obligation bonds[ ,
leases] [and conditional sales contracts3 in the principal amount
of $19, 466, 327 incurred within the limit of up to 1-1/2% of the
value of the taxable property within the City permitted for general
municipal purposes without a vote of the qualified voters therein,
unlimited tax general obligation bonds [or notes] in the principal
amount of $15,780, 000 incurred within the limit of up to 2-1/2% of
the value of the taxable property within the City for capital
purposes only, issued pursuant to a vote of the qualified voters of
the City, and the amount of indebtedness for which bonds are
authorized herein to be issued is $
Section 2 . Authorization of Bonds. The City shall borrow
money on the credit of the City and issue negotiable limited tax
general obligation bonds evidencing that indebtedness in the amount
of $ for general City purposes to provide the funds to
0239430.02
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tr00d Z8T 'ON ThSZ Ocg 907 SH3HlOdH NdWH37 02.0T 96/2T/90
pay part of the cost of (1) acquiring the Centennial Building; (2)
acquiring land for parks; (3) improving certain streets; and (4)
making capital improvements to the City's Drainage Utility
(collectively, the "Project") and to pay the costs of issuance and
sale of the bonds (the "costs of issuance") . The general
indebtedness to be incurred shall be within the limit of up to
1-1/2% of the value of the taxable property within the City
permitted for general municipal purposes without a vote of the
qualified voters therein.
Section 3 . Description of Bonds. The bonds shall be in the
aggregate principal amount of $ ; shall be designated
Limited Tax General obligation Bonds, 1996, Series A (Tax-Exempt)
(the "Series A Bonds") , and Limited Tax General Obligation Bonds,
1996, Series B (Taxable) (the "Series B Bonds") , (collectively, the
"Bonds") , of whjch $ shall be Series A Bonds and
$ shall be Series B Bonds; shall be dated June 15 , 1996;
shall be in the denomination of $5, 000 or any integral multiple
thereof within a single maturity; shall be numbered separately in
the manner and with any additional designation as the Bond
Registrar (collectively, the fiscal agencies of the State of
Washington located in Seattle, Washington, and New York, New York)
deems necessary for purposes of identification; and shall bear
interest (computed on the basis of a 360-day year of twelve 30-day
months) payable semiannually on each June 1 and December 1,
commencing December 1, 1996, to the maturity or earlier redemption
of the Bonds.
M39430.M
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The Series A Bonds shall mature on December 1 in years and
amounts and bear interest at the rates per annum as follows:
Maturity Interest
Years Amounts Rates
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2016
2026
The Series B Bonds shall mature on December 1 in years and
amounts and bear interest at the rates per annum as follows:
Maturity Interest
Years Amounts Rates
1999
2004
2009
It is the intention of the City that the interest on the Series B
Bonds shall be included in gross income for federal income tax
purposes.
The life of the Projects to be acquired or constructed with
the proceeds of the Bonds exceeds the term of the Bonds.
Section 4 . Registration and Transfer of Bonds. The Bonds
shall be issued only in registered form as to both principal and
0239430.02
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900d EST'ON TbSZ OGO SOE F 4-1i4d3S Sd3Hi0ZIH NHWH37 T£:aT 96i£Ti90
interest and shall be recorded on books or records maintained by
the Bond Registrar (the "Bond Register") . The Bond Register shall
contain the name and mailing address of the owner of each Bond and
the principal amount and number of each of the Bonds held by each
owner.
Bonds surrendered to the Bond Registrar may be exchanged for
Bonds in any authorized denomination of an equal aggregate
principal amount and of the same interest rate and maturity. Bonds
may be transferred only if endorsed in the manner provided thereon
and surrendered to the Bond Registrar. Any exchange or transfer
shall be without cost to the owner or transferee. The Bond
Registrar shall not be obligated to exchange or transfer any Bond
during the 15 days preceding any principal payment or redemption
date.
Section 5 . Payment of Bonds. Both principal of and interest
on the Bonds shall be payable in lawful money of the United States
of America. Interest on the Bonds shall be paid by checks or
drafts of the Bond Registrar mailed on the interest payment date to
the registered owners at the addresses appearing on the Bond
Register on the 15th day of the month preceding the interest
payment date. Principal of the Bonds shall be payable upon
presentation and surrender of the Bonds by the registered owners at
either of the principal offices of the Bond Registrar at the option
of the owners.
0234430.02
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Section 6 . Redemption Provisions and open Market Purchase of
Bonds.
Optional Redemption. Series A Bonds maturing in the
years 1997 through inclusive, shall be issued without the
right or option of the city to redeem those Series A Bonds prior to
their stated maturity dates. The city reserves the right and
option to redeem Series A Bonds maturing on or after December 1,
`, prior to their stated maturity dates at any time on or after
December 1, , as a whole or in part within one or more
maturities selected by the City (and by lot within a maturity in
such manner as the Bond Registrar shall determine) , at the
following prices (expressed as a percentage of par) plus accrued
interest to the date fixed for redemption:
Redemption Dates, Redemption Prices
December 1, , through November 30,
December 1, and thereafter
The Series B Bonds shall be issued without the right or option
of the City to redeem the Series B Bonds prior to their stated
maturity dates.
Mandatory Redemption. Series A Bonds maturing in 2016
and 2026 are Term Bonds and, if not redeemed under the optional
redemption provisions set forth above or purchased in the open
market under the provisions set forth below, shall be called for
redemption by lot (in such manner as the Bond Registrar shall
determine) at par plus accrued interest on December 1 in years and
amounts as follows:
0239430.02
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2016 Series A Term Bonds
Mandatory Mandatory
Redemption Redemption
Years Amounts
2012
2013
2014
2015
2016 (maturity)
2026 Series A Term Bonds
Mandatory Mandatory
Redemption Redemption
Years Amounts
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026 (maturity)
The Series B Bonds are Term Bonds and, if not purchased in the
open market under the provisions set forth below, shall be called
for redemption by lot (in such manner as the Bond Registrar shall
determine) at par plus accrued interest on December 1 in years and
amounts as follows:
1999 Series B Term Bonds
Mandatory Mandatory
Redemption Redemption
Years Amounts
1997
1998
1999 (maturity)
0239630.02
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2004 Series B Term Bonds
Mandatory Mandatory
Redemption Redemption
Years Amounts
2000
2001
2002
2003
2004 (maturity)
2009 series B Term Bonds
Mandatory Mandatory
Redemption Redemption
Years Amounts
2005
2006
2007
2008
2009 (maturity)
If the City shall redeem Term Bonds under the optional
redemption provisions set forth above or purchase Term Bonds in the
open market as set forth below, the par amount of the Term Bonds so
redeemed or purchased (irrespective of their actual redemption or
purchase prices) shall be credited against one or more scheduled
mandatory redemption amounts for those Term Bonds (as allocated by
the City) beginning not earlier than 60 days after the date of the
optional redemption or purchase, and the City shall promptly notify
the Bond Registrar in writing of the manner in which the credit for
the Term Bonds so redeemed or purchased has been allocated.
Partial Redemption. Portions of the principal amount of
any Bond, in installments of $5, 000 or any integral multiple
thereof, may be redeemed. If less than all of the principal amount
of any Bond is redeemed, upon surrender of that Bond at either of
the principal offices of the Bond Registrar, there shall be issued
M39430.02
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to the registered owner, without charge therefor, a new Bond (or
Bonds, at the option of the registered owner) of the same series,
maturity and interest rate in any of the denominations authorized
by this ordinance in the aggregate principal amount remaining
unredeemed.
Open Market Purchase. The City further reserves the
right and option to purchase any or all of the Bonds in the open
market at any time at any price plus accrued interest to the date
of purchase.
Cancellation of Bonds. All Bonds purchased or redeemed
under this section shall be cancelled.
Section 7. Notice of Redemption. The City shall cause notice
of any intended redemption of Bonds to be given not less than
30 nor more than 60 days prior to the date fixed for redemption by
first-class mail, postage prepaid, to the registered owner of any
Bond to be redeemed at the address appearing on the Bond Register
at the time the Bond Registrar prepares the notice, and the
requirements of this sentence shall be deemed to have been
fulfilled when notice has been mailed as so provided, whether or
not it is actually received by the owner of any Bond. Interest on
Bonds called for redemption shall cease to accrue on the date fixed
for redemption unless the Bond or Bonds called are not redeemed
when presented pursuant to the call. In addition, the redemption
notice shall be mailed within the same period, postage prepaid, to
Moody's Investors Service, Inc. , and Standard & Poor's at their
offices in New York, New York, or their successors, to Lehman
Brothers Inc. at its principal office in Seattle, Washington, or
0239430,02
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its successor, to the Bond Insurer at its principal office in
New York, or its successor, and to such other persons and
with such additional information as the Finance Division Manager of
the City shall determine, but these additional mailings shall not
be a condition precedent to the redemption of Bonds.
Section 8. Failure to Redeem Bonds. If any Bond is not
redeemed when properly presented at its maturity or call date, the
City shall be obligated to pay interest on that Bond at the same
rate provided in the Bond from and after its maturity or call date
until that Bond, both principal and interest, is paid in full or
until sufficient money for its payment in full is on deposit in the
bond redemption fund hereinafter created and the Bond has been
called for payment by giving notice of that call to the registered
owner of each of those unpaid Bonds.
Section 9 . Pledge of Taxes. For as long as any of the Bonds
are outstanding, the City irrevocably pledges to include in its
budget and levy taxes annually within the constitutional and
statutory tax limitations provided by law without a vote of the
electors of the City on all of the taxable property within the City
in an amount sufficient, together with other money legally
available and to be used therefor, to pay when due the principal of
and interest on the Bonds, and the full faith, credit and resources
of the City are pledged irrevocably for the annual levy and
collection of those taxes and the prompt payment of -that principal
and interest.
Section 10. Form and Execution of Bonds. The Bonds shall be
printed or lithographed on good bond paper in a form consistent
0239430.02
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with the provisions of this ordinance and state law and shall be
signed by the Mayor and City Clerk, either or both of whose
signatures may be manual or in facsimile, and the seal of the City
or a facsimile reproduction thereof shall be impressed or printed
thereon.
Only Bonds bearing a Certificate of Authentication in the
following form, manually signed by the Bond Registrar, shall be
valid or obligatory for any purpose or entitled to the benefits of
this ordinance:
CERTIFICATE OF AUTHENTICATION
This Bond is one of the fully registered City of
Kent, Washington, Limited Tax General Obligation Bonds,
1996, (Series A (Tax-Exempt) /Series B (Taxable) ) ,
described in the Bond Ordinance.
WASHINGTON STATE FISCAL AGENCY
Bond Registrar
By
Authorized Signer
The authorized signing of a Certificate of Authentication shall be
conclusive evidence that the Bonds so authenticated have been duly
executed, authenticated and delivered and are entitled to the
benefits of this ordinance.
If any officer whose facsimile signature appears on the Bonds
ceases to be an officer of the City authorized to sign bonds before
the Bonds bearing his or her facsimile signature are authenticated
or delivered by the Bond Registrar or issued by the City, those
Bonds nevertheless may be authenticated, issued and delivered and,
when authenticated, issued and delivered, shall be as binding on
the City as though that person had continued to be an officer of
0239430.02
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ETed E8T'ON TVSE 093 90E F SN3HiMg NUWH3S E2:0T 96/ET/90
the City authorized to sign bonds. Any Bond also may be signed on
behalf of the City by any person who, on the actual date of signing
of the Bond, is an officer of the City authorized to sign bonds,
although he or she did not hold the required office on the date of
issuance of the Bonds.
Section 11. Bond Registrar. The Bond Registrar shall keep,
or cause to be kept, at its principal corporate trust office,
sufficient books for the registration and transfer of the Bonds,
which shall be open to inspection by the City at all times. The
Bond Registrar is authorized, on behalf of the City, to
authenticate and deliver Bonds transferred or exchanged in
accordance with the provisions of the Bonds and this ordinance, to
serve as the City's paying agent for the Bonds and to carry out all
of the Bond Registrar's powers and duties under this ordinance and
City Ordinance No. 2418 establishing a system of registration for
the City's bonds and obligations.
The Bond Registrar shall be responsible for its
representations contained in the Bond Registrar's Certificate of
Authentication on the Bonds. The Bond Registrar may become the
owner of Bonds with the same rights it would have if it were not
the Bond Registrar and, to the extent permitted by law, may act as
depository for and permit any of its officers or directors to act
as members of, or in any other capacity with respect to, any
committee formed to protect the rights of Bond owners.
Section 12 . Preservation of Tax Exemption for Interest on
Series A Bonds. The City covenants that it will take all actions
necessary to prevent interest on the Series A Bonds from being
0234430.02
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included in gross income for federal income tax purposes, and it
will neither take any action nor make or permit any use of proceeds
of the Series A Bonds or other funds of the City treated as
proceeds of the Series A Bonds at any time during the term of the
Series A Bonds which will cause interest on the Series A Bonds to
be included in gross income for federal income tax purposes. The
City also covenants that it will, to the extent the arbitrage
rebate requirement of Section 148 of the Internal Revenue Code of
1986, as amended (the "Code") , is applicable to the Series A Bonds,
take all actions necessary to comply (or to be treated as having
complied) with that requirement in connection with the Series A
Bonds, including the calculation and payment of any penalties that
the City has elected to pay as an alternative to calculating
rebatable arbitrage, and the payment of any other penalties if
required under Section 148 of the Code to prevent interest on the
Series A Bonds from being included in gross income for federal
income tax purposes. The City certifies that it has not been
notified of any listing or proposed listing by the Internal Revenue
Service to the effect that it is a bond issuer whose arbitrage
certifications may not be relied upon.
Section 13 . Bonds Negotiable. The Bonds shall be negotiable
instruments to the extent provided by RCW 62A. 8-102 and 62A.8-105.
Section 14. Refunding or Defeasance of the Bonds. The City
may issue refunding bonds pursuant to the laws of. the State of
Washington or use money available from any other lawful source to
pay when due the principal of and interest on the Bonds, or any
portion thereof included in a refunding or defeasance plan, and to
0239430.02
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redeem and retire, refund or defease all such then-outstanding
Bonds (hereinafter collectively called the "defeased Bonds") and to
pay the costs of the refunding or defeasance. If money and/or
direct obligations of the United States of America maturing at a
time or times and bearing interest in amounts (together with money,
if necessary) sufficient to redeem and retire, refund or defease
the defeased Bonds in accordance with their terms are set aside in
a special trust fund or escrow account irrevocably pledged to that
redemption, retirement or defeasance of defeased Bonds (hereinafter
called the "trust account") , then all right and interest of the
owners of the defeased Bonds in the covenants of this ordinance and
in the funds and accounts obligated to the payment of the defeased
Bonds (other than the trust account) shall cease and become void.
The owners of defeased Bonds shall have the right to receive
payment of the principal of and interest on the defeased Bonds from
the trust account. The City shall include in the refunding or
defeasance plan such provisions as the City deems necessary for the
random selection of any defeased Bonds that constitute less than
all of a particular maturity of the Bonds, for notice of the
defeasance to be given to the owners of the defeased Bonds and to
such other persons as the City shall determine, and for any
required replacement of Bond certificates for defeased Bonds. The
defeased Bonds shall be deemed no longer outstanding, and the City
may apply any money in any other fund or account established for
the payment or redemption of the defeased Bonds to any lawful
purposes as it shall determine.
0239430.02
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Notwithstanding anything in this section to the contrary, if
the principal of and/or interest due on the Bonds is paid by the
Bond Insurer pursuant to the Municipal Bond Insurance Policy, the
Bonds shall be treated as remaining outstanding for all purposes
and shall not be considered paid the City, and the covenants,
agreements and other obligations of the City to the registered
owners of the Bonds shall continue to exist, and the Bond Insurer
shall be subrogated to the rights of the registered owners.
Section 15. Bond Fund: [Project Fundsl ; and Deposit of Bond
Proceeds. There is created and established in the office of the
Finance Division Director a special fund designated as the Limited
Tax General Obligation Bond Fund, 1996 (the "Bond Fund") . Accrued
interest on the Bonds, if any, received from the sale and delivery
of the Bonds shall be paid into the Bond Fund. All taxes
collected for and allocated to the payment of the principal of and
premium, if any, and interest on the Bonds shall be deposited in
the Bond Fund.
(There also are created and established or have been created
and established in the office of the Finance Division Director the
following special funds designated:
(insert name of funds]
(collectively, the "Project Funds") . The principal proceeds
received from the sale and delivery of the Bonds shall be paid into
the applicable Project Funds and used for the purposes specified in
Section 2 of this ordinance. Until needed to pay the costs of the
Projects and costs of issuance of the Bonds, the City may invest
principal proceeds temporarily in any legal investment, and the
0239d30.02
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LtiOd Z8I 'ON ZbSZ OSS 90z F 47iad3S ROHi0d9 NHWH37 22:2T 9S/ZT/90
investment earnings may be retained in the applicable Project Fund
and be spent for the purposes of that fund except that earnings
subject to a federal tax or rebate requirement may be withdrawn
from a Project Fund and used for those tax or rebate purposes.
Section 16. Approval of Bond Purchase Contract. Lehman
Brothers Inc. of Seattle, Washington (the "Purchaser") , has
presented a purchase contract (the "Bond Purchase Contract") to the
City offering to purchase the Bonds under the terms and conditions
provided in the Bond Purchase Contract, which written Bond Purchase
Contract is on file with the City Clerk and is incorporated herein
by this reference. The City Council finds that entering into the
Bond Purchase Contract is in the City's best interest and therefore
accepts the offer contained therein and authorizes its execution by
City officials.
The Bonds will be printed at City expense and will be
delivered to the Purchaser in accordance with the Bond Purchase
Contract, with the approving legal opinion of Foster Pepper &
shefelman, municipal bond counsel of Seattle, Washington, regarding
the Bonds printed on each definitive Bond. Bond counsel shall not
be required to review and shall express no opinion concerning the
completeness or accuracy of any official statement, offering
circular or other sales or disclosure material issued or used in
connection with the Bonds, and bond counsel's opinion shall so
state.
The proper City officials are authorized and directed to do
everything necessary for the prompt delivery of the Bonds to the
0234430.02
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8TBd Z8T 'ON TVSZ 098 902 F 4-UdUIS Sb3Hi0b9 NHWH3_1 ££:aT 96i£Ti93
Purchaser and for the proper application and use of the proceeds of
the sale thereof.
Section v. Preliminary Official Statement Deem-ad. Final. The
City Council has been provided with copies of a preliminary
official statement dated June _, 1996 (the "Preliminary Official
Statement") , prepared in connection with the sale of the Bonds.
For the sole purpose of the Bond Purchaser's compliance with the
United States Securities and Exchange Commission ("SEC") Rule 15c2-
12 (b) (1) , the City "deems final" that Preliminary Official
Statement as of its date, except for the omission of information as
to offering prices, interest rates, selling compensation, aggregate
principal amount, principal amount per maturity, maturity dates,
options of redemption, delivery dates, ratings and other terms of
the Bonds dependent on such matters.
Section 18 . Undertaking to Provide Continuing Disclosure. To
meet the requirements of SEC Rule 15c2-12 (b) (5) (the "Rule") , as
applicable to a participating underwriter for the Bonds, the City
makes the following written undertaking (the "Undertaking") for the
benefit of holders of the Bonds:
(a) Undertaking to Provide Annual Financial
Information and Notice of Material Events. The City
undertakes to provide or cause to be provided, either
directly or through a designated agent:
(i) To each nationally recognized municipal
securities information repository designated by the
SEC in accordance with the Rule (I'NRMSIR") and to
a state information depository, if any, established
in the state of Washington (the "SID") annual
financial information and operating data of the
type included in -the final official statement for
the Bonds and described in Section 18 (b) ("annual
financial information,,) ;
0239430.02
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(ii) To each NRMSIR or the Municipal
Securities Rulemaking Board ("MSRB") , and to the
SID, timely notice of the occurrence of any of the
following events with respect to the Bonds, if
material: (1) principal and interest payment
delinquencies; (2) non-payment related defaults;
(3) unscheduled draws on debt service reserves
reflecting financial difficulties; (4) unscheduled
draws on credit enhancements reflecting financial
difficulties; (5) substitution of credit or
liquidity providers, or their failure to perform;
(6) adverse tax opinions or events affecting the
tax-exempt status of the Bonds; (7) modifications
to rights of holders of the Bonds; (8) Bond calls
(other than scheduled mandatory redemptions of Term
Bonds) ; (9) defeasances; (10) release,
substitution, or sale of property securing
repayment of the Bonds; and (11) rating changes;
and
(iii) To each NRMSIR or to the MSRB, and to
the SID, timely notice of a failure by the City to
provide required annual financial information on or
before the date specified in Section 18 (b) .
(b) T e of Annual Financial information Undertaken
to be Provided. The annual financial information that
the City undertakes to provide in Section 18 (a) :
(i) Shall consist of
Shall be prepared in accordance with
applicable generally accepted accounting principles
promulgated by the Government Accounting Standards
Board ("GASB") , as such principles may be changed
from time to time by GASB or its successor;
(iii) Shall not be audited, except, however,
that if and when audited financial statements are
otherwise prepared and available to the City they
will be provided;
(iv) Shall be provided to each NRMSIR and
the SID, not later than the last day of the
month after the end of each fiscal year of the City
(currently, a fiscal year ending December 31) , as
such fiscal year may be changed as required or
permitted by State law, commencing with the City's
fiscal year ending December 31, 1996; and
0239430.02
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(v) May be provided in a single or multiple
documents, and may be incorporated by reference to
other documents that have been filed with each
NRMSIR and the SID, or, if the document
incorporated by reference is a "final official
statement" with respect to other obligations of the
City, that has been filed with the MSRB.
(c) Amendment of Undertaking. The Undertaking is
subject to amendment after the primary offering of the
Bonds without the consent of any holder of any Bond, or
of any broker, dealer, municipal securities dealer,
participating underwriter, rating agency, NRMSIR, the SID
or the MSRB, under the circumstances and in the manner
permitted by the Rule.
The City will give notice to each NRMSIR or the
MSRB, and the SID, of the substance (or provide a copy)
of any amendment to the Undertaking and a brief statement
of the reasons for the amendment. If the amendment
changes the type of annual financial information to be
provided, the notice also will include a narrative
explanation of the effect of that change on the type of
information to be provided.
(d) Beneficiaries. The Undertaking evidenced by
this Section IS shall inure to the benefit of the City
and any holder of Bonds, and shall not inure to the
benefit of or create any rights in any other person.
(e) Termination of Undertaking. The City's
obligations under this Undertaking shall terminate upon
the legal defeasance of all of the Bonds. In addition,
the City's obligations under this Undertaking shall
terminate if those provisions of the Rule which require
the City to comply with this Undertaking become legally
inapplicable in respect of the Bonds for any reason, as
confirmed by an opinion of nationally recognized bond
counsel or other counsel familiar with federal securities
laws delivered to the City, and the City provides timely
notice of such termination to each NRMSIR or the MSRB and
the SID.
(f) Remedy for Failure to Comply with Undertaking.
As soon as practicable after the City learns of any
failure to comply with the Undertaking, the City will
proceed with due diligence to cause such noncompliance to
be corrected. No failure by the City or other obligated
person to comply with the Undertaking shall constitute a
default in respect of the Bonds. The sole remedy of any
holder of a Bond shall be to take such actions as that
holder deems necessary, including seeking an order of
specific performance from an appropriate court, to compel
0234430.02
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the City or other obligated person to comply with the
Undertaking.
(g) Designation of Official Responsible to
Administer Undertaking. The [Finance Division Director]
of the City or his or her designee (or such other officer
of the City who may in the future perform the duties of
the [Finance Division Director] ) is authorized and
directed in his or her discretion to take such further
actions as may be necessary, appropriate or convenient to
carry out the Undertaking of the City in respect of the
Bonds set forth in this Section 18 and in accordance with
the Rule, including, without limitation, the following
actions:
(i) Preparing and filing the annual
financial information undertaken to be provided;
(ii) Determining whether any event specified
in Section 18 (a) has occurred, assessing its
materiality with respect to the Bonds, and, if
material, preparing and disseminating notice of its
occurrence;
(iii) Determining whether any person other
than the City is an "obligated person" within the
meaning of the Rule with respect to the Bonds, and
obtaining from such person an undertaking to
provide any annual financial information and notice
of material events for that person in accordance
with the Rule;
(iv) Selecting, engaging and compensating
designated agents and consultants, including but
not limited to financial advisors and legal
counsel, to assist and advise the City in carrying
out the Undertaking; and
(v) Effecting any necessary amendment of
the Undertaking.
Section 19. Bond Insurance.
[insert applicable language]
Section 20. Temporary Bonds. Pending the printing, execution
and delivery to the Purchaser of definitive Bonds, the City may
cause to be executed and delivered to the Purchaser a single
temporary Bond of each series in the total principal amount of the
0239430.02
—20—
EEOd Z8t'ON TVSZ OS8 90E F 1-i14d3S Sa3HiOag NHWH37 VS:OZ 96/21/92
Bonds. The temporary Bonds shall bear the same date of issuance,
interest rates, principal payment dates and terms and covenants as
the definitive Bonds, shall be issued as fully registered Bonds in
the name of the Purchaser, and otherwise shall be in a form
acceptable to the Purchaser. The temporary Bonds shall be
exchanged for definitive Bonds as soon as they are printed,
executed and available for delivery.
Section 21. This ordinance shall take effect and be in force
five (5) days from and after its passage and five (5) days
following its publication as required by law.
By
JIM WHITE, Mayor
ATTEST:
BRENDA JACOBER, City Clerk
APPROVED AS TO FORM:
Special Counsel and Bond
Counsel for the City
Passed the day of June, 1996.
Approved the day of June, 1996.
Published the day of June, 1996.
I 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 JACCBER, City Clerk
0239430.02
-21-
£Zod ZSS'ON TtGSE ass 90E F 4114U3S Sb3H10�2a NHWH37 sz:0T 96/£1/90
CITY OF KENT, WASHINGTON
LIMITED TAX GENERAL OBLIGATION BONDS, 1996
$ 1996 Series A $ 1996 Series B
(Tax-Exempt) (Taxable)
BOND PURCHASE AGREEMENT
June 1996
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Ladies and Gentlemen:
The undersigned (the "Underwriter") hereby offers to enter into this Bond
Purchase Agreement (the "Bond Purchase Agreement") with City of Kent, Washington
(the "City"), which upon the City's acceptance hereof will be binding upon the City
and the Underwriter. This offer is made subject to the City's acceptance by execution
of this Bond Purchase Agreement and its delivery to the Underwriter on or before
11:59 P.M., Pacific Daylight Time, June , 1996, and, if not so accepted, will be
subject to withdrawal by the Underwriter upon notice delivered by the Underwriter to
the City at any time prior to the acceptance hereof by the City. All capitalized terms
not otherwise defined herein shall be as defined in Ordinance No. , adopted by
the City Council on June _, 1996 (the "Ordinance") and the Official Statement (as
hereafter defined).
1. Purchase and Sale. Subject to the terms and conditions and upon the
basis of the representations, warranties and agreements hereinafter set forth, the
Underwriter hereby agrees to purchase from the City for offering to the public, and the
City hereby agrees to sell to the Underwriter for such purpose, all (but not less than all)
of the City's $ Limited Tax General Obligation Bonds, 1996 Series A (the
"1996 Series A Bonds") and $ Limited Tax General Obligation Bonds,
1996 Series B (the "1996 Series B Bonds", and collectively with the 1996 Series A
Bonds, the "Bonds"). The Bonds shall be dated June 15, 1996, shall have the
maturities, shall bear interest at the rates and shall be subject to redemption as set forth
in Exhibit A attached hereto, such interest being payable commencing December 1,
1996, and semiannually thereafter on each June 1 and December 1 to the date such
Bonds mature or are redeemed. The aggregate purchase price of the Bonds shall be the
purchase price set forth in Exhibit A hereto, plus interest accrued (as described in
Exhibit A) on the Bonds from their date to the Closing Date (as hereinafter defined).
RBKTA961500.016
2. The Official Statement and Authorizing Instruments. The Bonds shall
be otherwise as described in the Official Statement of the City, dated the date hereof,
relating to the Bonds, which, together with all appendices thereto, and with such
changes therein and supplements thereto that are consented to in writing by the
Underwriter, is herein called the "Official Statement," and shall be issued and secured
under the Ordinance. The City authorizes the use of the Official Statement in
connection with the public offering and sale of the Bonds. The City also approves the
use by the Underwriter, before the date hereof, of the preliminary Official Statement,
dated June 1996, relating to the Bonds, which together with the appendices
attached thereto, is herein referred to as the "Preliminary Official Statement," in
connection with the public offering of the Bonds.
Promptly after the acceptance hereof by the City, the City shall cause to be
delivered to the Underwriter copies of the final Official Statement (together with the
appendices attached thereto) dated the date hereof.
The City hereby authorizes the Underwriter, and the Underwriter agrees at its
own expense, to file one copy of the Official Statement, together with any supplement
or amendment thereto, with at least one of the nationally recognized municipal
securities information repositories designated by the Securities and Exchange
Commission (the "SEC") and two copies of the Official Statement (with any required
forms) to the Municipal Securities Rulemaking Board ("MSRB") or its designee
pursuant to MSRB Rule G-36 no later than ten business days following the date
hereof.
3. Public Offering. The Underwriter agrees to make a bona fide public
offering of all the Bonds initially at the public offering prices (or yields) set forth on
the inside cover page of the Official Statement, provided that the initial public offering
prices (or yields) may be changed, from time to time, by the Underwriter as if deems
necessary in connection with the marketing of the Bonds.
4. Representations, Covenants and Warranties. The City represents,
covenants and warrants to the Underwriter that:
(a) The Ordinance and this Bond Purchase Agreement are legal, valid
and binding obligations of the City enforceable against the City in accordance
with their terms except as enforceability may be limited by bankruptcy,
insolvency, reorganization, moratorium and other similar laws affecting
creditors' rights or contractual obligations generally and by the exercise of
judicial discretion in appropriate cases and no authorization or.approval is
required for the execution and delivery of the Ordinance or this Bond Purchase
Agreement by the City, except such authorizations or approvals as shall have
been obtained at or prior to the Closing, copies of which shall be delivered to
the Underwriter at the Closing.
2
(b) Except for the omission of such information that is dependent
upon the final pricing of the Bonds for completion, all as permitted to be
excluded by SEC Rule 15c2-12 ("Rule 15c2-12"), the Preliminary Official
Statement was, as of its date, true and correct in all material respects and did not
contain any untrue statement of a material fact or omit to state any material fact
necessary to make the statements and information therein contained, in light of
the circumstances under which they were made, not misleading.
(c) The Official Statement is and at all times subsequent hereto up to
and including the Closing Date will be, true and correct in all material respects
and does not and will not contain any untrue statement of a material fact or omit
to state any material fact necessary to make the statements and information
therein contained, in light of the circumstances under which they were made,
not misleading.
(d) The City has duly authorized and approved the execution of the
Official Statement by the Mayor or his designee, including any amendments
thereto under the terms of this Bond Purchase Agreement.
(e) The City covenants and agrees to cause sufficient quantities of the
Official Statement to be delivered to the Underwriter to enable the Underwriter
to comply with the requirements of Rule 15c2-12 and of MSRB Rule G-32,
without charge, within seven business days of the date hereof and, if the Closing
Date is less than seven business days after the date hereof, upon request of the
Underwriter, in sufficient time to accompany any confirmation requesting
payment from any customers of the Underwriter.
(f) The City further covenants and agrees that if, after the date hereof
and until 25 days after the "end of the underwriting period" (as described
below), any event shall occur as a result of which it is necessary to amend or
supplement the Official Statement to make the statements therein, in the light of
the circumstances under which they were made when the Official Statement is
delivered to a purchaser, not misleading, or if it is necessary to amend or
supplement the Official Statement to comply with law, the City shall notify the
Underwriter and provide the Underwriter with such information as it may from
time to time request, and to forthwith prepare and furnish, at its own expense (in
a form and manner approved by the Underwriter), a reasonable number of
copies of either amendments or supplements to the Official Statement so that the
statements in the Official Statement as so amended and supplemented will not,
in light of the circumstances under which they were made when the Official
Statement is delivered to a purchaser, be misleading or so that the Official
Statement will comply with applicable law. Unless otherwise notified in writing
by the Underwriter, the City can assume that the "end of the underwriting
period" for purposes of Rule 15c2-12 shall be the Closing Date. If such notice is
3
so given in writing by the Underwriter, the Underwriter agrees to notify the City
in writing following the occurrence of the "end of the underwriting period" as
defined in Rule 15c2-12.
(g) The City will advise the Underwriter promptly of the institution of
any proceedings known to it by any governmental agency prohibiting or
otherwise affecting the use of the Official Statement in connection with the
offering, sale or distribution of the Bonds.
(h) When delivered to The Depository Trust Company ("DTC") for
the account of the Underwriter and paid for in full in accordance with the terms
of this Bond Purchase Agreement, the Bonds (i) will have been duly authorized,
executed, issued and delivered by the City, and (ii) will constitute valid, legally
binding obligations of the City except as enforceability may be limited by
bankruptcy, insolvency, reorganization, moratorium and other similar laws
affecting creditors' rights or contractual obligations generally to the extent
constitutionally applicable and by the exercise of judicial discretion in
appropriate cases.
(i) As of the time of acceptance hereof and as of the Closing, and
except as disclosed in the Official Statement, to the knowledge of the City, no
litigation is pending or is threatened in any court that (i) seeks to restrain or
enjoin the issuance, sale or delivery of any of the Bonds, (ii) contests or affects
the validity of the Bonds, the Ordinance, this Bond Purchase Agreement or the
pledge of the City's full faith and credit to the payment of the Bonds, (iii)
contests in any way, the completeness, accuracy or fairness of the Official
Statement, or (iv) in any material respect might affect adversely the transactions
contemplated herein, in the Ordinance or in the Official Statement.
(j) The City will furnish such information, execute such instruments
and take such other action in cooperation with the Underwriter as they may
reasonably request to qualify the Bonds for offer and sale under the Blue Sky or
other securities laws and regulations of such states and other jurisdictions of the
United States as the Underwriter may designate, except the City shall not be
required in connection therewith or as a condition thereof to execute a general
consent to service of process or to qualify to do business as a foreign
corporation in any state.
5. The Closing. At 8:00 A.M., Pacific Daylight Time, on June 1996, or
at such other time or on such earlier or later business day as shall have been mutually
agreed upon by the City and the Underwriter (the "Closing Date"), the City will deliver
to the.Underwriter the Bonds, duly executed and authenticated, through the facilities of
DTC in New York, New York or such other place to be mutually agreed upon by the
City and the Underwriter, and shall deliver to the Underwriter the documents
4
mentioned in Section 6 hereof, at such place in Seattle, Washington, as may be
mutually agreed upon by the City and the Underwriter. The Underwriter will accept
such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof
by certified check or by wire in immediately available federal funds. The payment and
delivery of the Bonds, together with the delivery of the aforementioned documents, is
herein called the "Closing". The Bonds shall be made available to the Underwriter at
the offices of DTC at least one business day before the Closing for purposes of
inspection, and are to be left with DTC for safekeeping until release at Closing. The
Underwriter acknowledges that the City is to have no responsibility for such
safekeeping of the Bonds.
6. Closing Conditions. The Underwriter has entered into this Bond
Purchase Agreement in reliance upon the representations and warranties herein and the
performance by the City of its obligations hereunder, both as of the date hereof and as
of the Closing Date. The Underwriter's obligations under this Bond Purchase
Agreement are and shall be subject to the performance by the City of its obligations to
be performed hereunder and under the documents mentioned in this Section 6, at or
prior to the Closing, and also shall be subject to the following conditions:
(a) The representations and warranties of the City contained herein
shall be true, complete and correct in all material respects at the date hereof and
on the Closing Date, as if made on and as of the Closing Date.
(b) At or prior to the Closing, the Underwriter shall receive three
copies of the final Official Statement manually executed on behalf of the City
by the Mayor; provided, that as promptly as practicable after the Closing Date,
such reasonable number of certified or conformed copies of the foregoing as the
Underwriter may request.
(c) At or prior to the Closing, the Underwriter shall receive the
approving opinions of Foster Pepper& Shefelman, Bond Counsel to the City, as
to each series of the Bonds, dated the Closing Date and substantially in the
forms included in the Official Statement as Appendix A, and an opinion, dated
the Closing Date and addressed to the Underwriter, of Perkins Coie, counsel to
the Underwriter, in a form acceptable to the Underwriter.
(d) At or prior to the Closing, the Underwriter shall receive a
municipal bond insurance policy issued by insuring the
payment of the principal of and interest on the Bonds, together with an opinion
of counsel to regarding (i) the enforceability of the
municipal bond insurance policy and (ii) the adequacy of the information
regarding and the municipal bond insurance policy set
forth in the Official Statement.
5
(e) At or prior to the Closing, the Underwriter shall receive evidence,
satisfactory to the Underwriter, that the Bonds are rated "_" by Moody's
Investors Service, Inc. and "_" by Standard & Poor's Ratings Group.
(f) At or prior to the Closing, the Underwriter shall receive such
additional certificates, instruments and other documents as the Underwriter may
reasonably deem necessary to evidence the truth and accuracy as of the time of
the Closing of the representations of the City and the due performance or
satisfaction by the City at or prior to such time of all agreements then to be
performed and all conditions then to be satisfied by the City.
7. Termination of Contract. In recognition of the desire of the City and the
Underwriter to effect a successful public offering of the Bonds, the Underwriter shall
have the absolute right to terminate this Bond Purchase Agreement by notification to
the City if at any time at or prior to the Closing an event occurs that, in the reasonable
judgment of the Underwriter, materially and adversely affects (i) the market price or
marketability of the Bonds or (ii) the ability of the Underwriter to enforce contracts for
sale of the Bonds. If the City is unable to satisfy the conditions contained in this Bond
Purchase Agreement or if the obligations of the Underwriter shall be terminated for
any reason permitted by this Bond Purchase Agreement, this Bond Purchase
Agreement shall terminate and neither the Underwriter nor the City shall be under a
further obligation hereunder, except as set forth in Section 8 hereof.
8. Expenses. The City shall pay or cause to be paid from the proceeds of
the Bonds or other funds of the City available to it, the expenses incident to the
performance of its obligations hereunder, including, but not limited to: (a) the fees and
disbursements of the Bond Registrar in connection with the issuance of the Bonds; (b)
the fees and disbursements of Bond Counsel and any other experts or consultants
retained by the City in connection with the transactions contemplated hereby;'(c) the
cost of obtaining ratings on the Bonds; and (d) the cost of printing the Preliminary
Official Statement and the final Official Statement.
The Underwriter shall pay the cost of delivering the purchase price of the Bonds
in immediately available federal funds and all other expenses it incurs in connection
with their public offering and distribution of the Bonds, including the fees and
disbursements of its counsel.
9. Notice. Any notice or other communication to be given to the City under
this Bond Purchase Agreement may be given by delivering the same in writing to City
of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Finance
Division Director with a copy to the City Attorney, and any notice or other
communication to be given to the Underwriter under this Bond Purchase Agreement
may be given by delivering the same in writing to Richard B. King, Senior Vice
6
President, Lehman Brothers, 701 Fifth Avenue, Suite 7101, Seattle, Washington
98104.
10. Entire Agreement. This Bond Purchase Agreement shall constitute the
entire agreement between the City and the Underwriter and is made solely for the
benefit of the City and the Underwriter (including the successors or assigns of the
Underwriter). This Bond Purchase Agreement shall become effective when accepted
by the City in writing as heretofore specified, shall constitute the entire agreement
between the City and the Underwriter and may not be amended or modified except in
writing. No other person shall acquire or have any right hereunder by virtue hereof. All
the City's representations, warranties and agreements in this Bond Purchase Agreement
shall remain operative and in full force and effect, regardless of (a) any investigation
made by or on behalf of the Underwriter, (b) delivery of and payment for the Bonds
hereunder, and (c) any termination of this Bond Purchase Agreement.
LEHMAN BROTHERS INC.
Richard B. King
Senior Vice President
Accepted and agreed to as of the date first above written:
CITY OF KENT
King County, Washington
Jim White, Mayor
ATTEST:
Brenda Jacober, Clerk
( SEAL )
7
Exhibit A
DESCRIPTION OF CERTAIN TERMS
OF THE BONDS
Aggregate Principal Amount: S
less aggregate original issue discount: ( )
less aggregate underwriter's discount: ( )
Aggregate Purchase Price:
*plus accrued interest from June 15, 1996 to the Closing Date.
The Series 1996 A Bonds
Principal Amount: $
less original issue discount: ( )
less underwriter's discount: ( )
Purchase Price:
*plus accrued interest from June 15, 1996 to the Closing Date.
Maturity Dates and Interest Rates:
Interest
Due Dec. 1 Principal Amount Rate Yield Price
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2016
2026
A-1
Redemption Provisions:
Optional Redemption. The 1996 Series A Bonds maturing in the years 1997
through are not subject to redemption prior to their stated dates of maturity. 1996
Series A Bonds maturing on and after December 1, are subject to optional
redemption prior to their stated maturities at the option of the City, on December 1,
, or thereafter, in whole or in part (maturities to be selected by the City and by lot
within a maturity as the Bond Registrar shall determine) at any time, at the following
prices (expressed as a percentage of the principal amount of the 1996 Series A Bonds
to be redeemed), plus accrued interest to the date of redemption:
Redemption Dates Redemption Prices
December 1, through November 30,
December 1, and thereafter
Mandatory Sinking Fund Redemption. The 1996 Series A Bonds maturing on
December 1, 2016, are Term Bonds and are subject to mandatory sinking fund
redemption prior to maturity, in part, by lot in such manner as the Bond Registrar shall
determine, at 100 percent of the principal amount thereof plus accrued interest to the
date of redemption, from mandatory sinking fund deposits into the Bond Fund in the
years and principal amounts set forth below:
Mandatory Sinking Fund Mandatory Sinking Fund
Redemption Dates Redemption Amounts
December 1, 2012
December 1, 2013
December 1, 2014
December 1, 2015
December 1, 2016 (Maturity)
The 1996 Series A Bonds maturing on December 1, 2026, are Term Bonds and
are subject to mandatory sinking fund redemption prior to maturity, in part, by lot in
such manner as the Bond Registrar shall determine, at 100 percent of the principal
amount thereof plus accrued interest to the date of redemption, from mandatory sinking
fund deposits into the Bond Fund in the years and principal amounts set forth below:
A-2
Mandatory Sinking Fund Mandatory Sinking Fund
Redemption Dates Redemption Amounts
December 1, 2018
December 1, 2019
December 1, 2020
December 1, 2021
December 1, 2022
December 1, 2023
December 1, 2024
December 1, 2025
December 1, 2026 (Maturity)
The Series 1996 B Bonds
Principal Amount: S
less original issue discount: ( )
less underwriter's discount: ( )
Purchase Price:
*plus accrued interest from June 15, 1996 to the Closing Date.
Maturity Dates and Interest Rates:
Interest
Due Dec. 1 Principal Amount Rate Yield Price
1999
2004
2009
Redemption Provisions:
No Optional Redemption. The 1996 Series B Bonds are not subject to optional
redemption prior to their stated dates of maturity. The 1996 Series B Bonds are subject
to mandatory redemption prior to their stated dates of maturity, as described below.
Mandatory Sinking Fund Redemption. The 1996 Series B Bonds maturing on
December 1, 1999, are Term Bonds and are subject to mandatory sinking fund
redemption prior to maturity, in part, by lot in such manner as the Bond Registrar shall
determine, at 100 percent of the principal amount thereof plus accrued interest to the
date of redemption, from mandatory sinking fund deposits into the Bond Fund in the
years and principal amounts set forth below:
A-3
Mandatory Sinking Fund Mandatory Sinking Fund
Redemption Dates Redemption Amounts
December 1, 1997
December 1, 1998
December 1, 1999 (Maturity)
The 1996 Series B Bonds maturing on December 1, 2004, are Term Bonds and
are subject to mandatory sinking fund redemption prior to maturity, in part, by lot in
such manner as the Bond Registrar shall determine, at 100 percent of the principal
amount thereof plus accrued interest to the date of redemption, from mandatory sinking
fund deposits into the Bond Fund in the years and principal amounts set forth below:
Mandatory Sinking Fund Mandatory Sinking Fund
Redemption Dates Redemption Amounts
December 1, 2000
December 1, 2001
December 1, 2002
December 1, 2003
December 1, 2004 (Maturity)
The 1996 Series B Bonds maturing on December 1, 2009, are Term Bonds and
are subject to mandatory sinking fund redemption prior to maturity, in part, by lot in
such manner as the Bond Registrar shall determine, at 100 percent of the principal
amount thereof plus accrued interest to the date of redemption, from mandatory sinking
fund deposits into the Bond Fund in the years and principal amounts set forth below:
Mandatory Sinking Fund Mandatory Sinking Fund
Redemption Dates Redemption Amounts
December 1, 2005
December 1, 2006
December 1, 2007
December 1, 2008
December 1, 2009 (Maturity)
A-4
//111r
Kent City Council Meeting
Date June 18, 1996
Category other Business
1. SUBJECT: CHERRYWOOD PRELIMINARY PLAT SU-95-9
2 . SIIMMARY STATEMENT: This date has been set to consider the
Hearing Examiner' s recommendation for conditional approval of
an application by W.E. Ruth, Jerry Prouty, and W.E. Ruth Real
Estate for a 18-lot single family residential preliminary sub-
division. The property is located at 26235 114th Avenue S.E.
3 . EXHIBITS: Staff memo, Findings and Recommendations,
Clarification of Recommendation, staff report, and preliminary
plat map
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember O/ moves, Councilmember seconds
to accept/ the findings of the Hearing Examiner
and to adopt/,fted f., ---ems the Hearing Examiner' s recom-
mendation of approval with 25 conditions of the Cherrywood
No. SU-95-9 18-lot single family residential preliminary
subdivision.
DISCUSSION:
ACTION:
Council Agenda
Item No. 4B
CITY OF )r',LP2LU L
. 1
! PLANNING DEPARTMENT -
(206) 859-3390 Jim White, Mayor
MEMORANDUM
June 18, 1996
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: CHERRYWOOD PRELIMINARY PLAT 4SU-95-9
On April 3, 1996 (record held open until April 20, 1996), the Kent Hearing Examiner held a
public hearing to consider a request by W.E. Ruth, Jerry Prouty, and W.E. Ruth Real Estate for a
18-lot single family residential preliminary subdivision. The property is approximately 4.73
acres in size, and is located at 26235 114th Avenue S. On April 24, 1996 (revised condition May
10, 1996), the Hearing Examiner recommended approval of this preliminary subdivision with the
following conditions:
A. CONDITIONS OF APPROVAL:
1. The owner/subdivider shall comply with all applicable conditions of the mitigated
Determination of Nonsignificance for the Cherrywood Subdivision (formerly
known as Bisceglia Estates) 9ENV-95-74.
B. PRIOR TO RECORDATION OF THE SUBDIVISION:
1. The subdivider shall dedicate sufficient right of way to construct the plat street to
City Standards for a Residential Street, minimum right of way 49 feet, including a
minimum 50.5-foot radius (at right-of-wav line -- 45 feet curb line) in a cul-de-sac
turnaround at the terminus of the plat street and in the 'knuckle', and 35-foot
radius curb returns at the intersection of the plat street at 114th Avenue Southeast.
2. The subdivider shall revise the configuration of Lots 9, 10, 11 and 12 to
consolidate access via a 26-foot-wide private access tract, per City Standards.
This access tract shall include a hammerhead turnaround meeting the
requirements of the Kent Fire Department. As an alternative, the homes
constructed on lots 10 and 11 will be required to install an approved fire
suppression system (sprinklering) in lieu of the turnaround.
3. To clarify SEPA condition 45 for the MDNS for#ENV 95-74, the subdivider
shall grant a 10-foot-wide pedestrian access tract along the entire southerly
boundary of Lot 1.
220 4th AVF SO 1 KGNT WASHINGTON 1W1!'-5X9i/TUFNIONIS I1_0bl459-13011 l FAX#459-3. 4
Cherrywood Preliminary Plat #SU-95-9
June 18, 1996
4. The subdivider shall revise the subdivision map to eliminate Tract 'C' as a
separate tract, and include it in the dedication of the right of way for Road W.
5. The subdivider shall waive abutter's access rights across the entire frontage of the
wetland and stormwater detention areas (Tracts A and B) plus across the
southerly 50 feet of Lot 17 (ensuring a minimum of 100 feet of access restriction
northerly from the Point of Tangency of the northwesterly curb return at 114th
Avenue Southeast and the plat street). Said access restriction, or as modified by
Condition #6, shall be stated clearly upon the face of the subdivision map.
6. The subdivider shall grant a 24-foot-wide joint/reciprocal access easement
centered upon the common property line between Lots 17
and 1 to number of driveways onto 114th Avenue Southeast. The easement shall inclu ee
adequate area on Lots 17 and 18 to provide a hammerhead turnaround
accommodating a full-sized passenger vehicle/pick-up truck to prevent vehicles
backing out onto 114th Avenue Southeast.
If the stormwater detention and conveyance requirements for this subdivision
result in the deletion of proposed Lots)7 and 18, then the subdivider shall waive
abutter's access rights across the entire frontage of the subdivision on 114th
Avenue Southeast.
7• The subdivider shall grant a 24-foot-wide joint access easement centered upon the
common property line of proposed Lots 4 and 5, and shall provide therein a
minimum 16-foot wide joint driveway.
8. The subdivider shall provide engineering drawings
City, and shall either construct or bond for the following view and approval by the
a) A gravity sanitary sewer system to serve all lots.
b) A water system meeting domestic and fire flow requirements for all lots.
c) A storm drainage system meeting the Kent Standards for conveyance,
detention, water quality treatment, etc. The minimum detention standard
to be met for this project shall be that for Hillside development. (See
SEPA conditions for more details). It has been dete
ned that an infiltration system is not feasible for the subject prop�e City
2
Cherrywood Preliminary Plat 9SU-95-9
June 18, 1996
A Conceptual Drainage Plan must be submitted to determine the adequacy
Of Tract 'A' to meet the stormwater management requirements for this
development. Lots 10, 11, 16, 17, and 18 could need to be revised to
accommodate this requirement.
A minimum width of five feet within the approved wetland area on the
north side of, and adjacent to the plat street right of way shall be included
in the calculation of the "Wetland to be Removed" to account for all of the
impacts due to roadway and sidewalk construction.
Provisions to maintain the wetland hydrology shall be included in the
stormwater management system.
d) Improvement of 114th Avenue Southeast as described in the mitigation
conditions of SEPA#ENV-95-74.
e) A 32-foot-wide paved roadway; concrete curbs, gutters on both sides of
the street; five (5)-foot-wide concrete sidewalks along both sides of both
plat streets; street lighting; storm drainage; street channelization; utilities
and appurtenances, and a cul-de-sac turnaround (or as approved by the
Fire Marshal)per City Standards for a Residential Street. This shall
include 35-foot radius curb returns at the interior intersections of the plat
street at the 'knuckle' and at the plat street intersection with 114th Avenue
Southeast.
f) A hard-surfaced, fenced, pedestrian and bicycle access route, with
acceptable nighttime illumination along the access tract required of
Condition #3, above. A catch basin shall be provided along the walkway
for drainage; a pedestrian maze gate shall be installed at the west end of
the walkway; and a bollard shall be placed at the east end of the walkway.
9• The subdivider shall dedicate all necessary public right of way for the
improvements listed in Condition B.8 above, and shall provide all public and
private easements necessary for the construction, operation, and maintenance of
the required improvements identified in Section B, above.
10. The owner/developer shall submit for review and approval by the Planning and
Public Works Departments a tree plan for the general site, for the roadway, and
3
Cherrywood Preliminary Plat #SU-95-9
June 18, 1996
for all individual lots showing all trees six inches in diameter or greater, and their
relationship to any proposed structure; approval and construction of the final
roadway design and issuance of a development permit for any lot may not occur
prior to approval of the tree plan by the Kent Planning Department.
11. The owner/developer shall dedicate five percent(5%) of the total plat area for
open space park land or pay a fee in lieu of a donation per the requirements of
KCC Section 12.04.490.
12. The existing house shall be removed or shall be connected to a public sewer.
Existing septic tanks must be abandoned by a licensed septic system installer.
Any wells must be abandoned according to Department of Ecology (DOE)
standards.
13. The owner/subdivider shall provide mailbox stands as approved by the U.S.
Postmaster, i.e., at approximately the center of proposed lot 17 on the 114th
Avenue SE street side, at approximately the centers of proposed lots 13 and 2 on
RAoad "B", and at approximately the eastern one-third of proposed lot 15 on Road
14. The owner/subdivider shall provide fire hydrants according to the requirements of
the Kent Fire Department.
C. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF ANY BUILDING
PERMIT ON ANY LOT Ii`I THE CHERRYWOOD SUBDIVISION 0SU-95-9 :
1. The subdivider shall construct the improvements noted in Sections "A" and "B",
above.
2. The owner/subdivider/developer shall provide to residents of each lot information
about the safe use and disposal of household hazardous waste, including motor
oil, in order to minimize surface water pollution. The Kent Planning Department
shall provide the property owner with sample information brochures that may be
distributed or made available to residents to satisfy this condition.
3. Dust generated during construction activities on all lots shall be controlled by
wetting dust sources such as areas of exposed soils, washing truck wheels before
they leave the site, and installing and maintaining gravel construction entrances.
4
Cherrywood Preliminary Plat 9SU-95-9
June 18, 1996
Construction vehicle track-out on public rights of way are violations subject to
fines from the Department of Ecology, the City of Kent, and/or the Puget Sound
Air Pollution Control Authority.
JPA/mp:c:su959.cc
cc: Fred N. Satterstrom, Planning Manager
5
City of Kent - Planning Department
PRELIMINARY PLAT
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APPLICATION NAME: Cherrywood
NUMBER: #SU-95-9 DATE: April 3, 1996,
REQUEST: Preliminary Plat
A AA
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GEND
Site Plan Application site
CITY OF
Jim White, Mayor
Planning Department (206) 859-3390/FAX(206) 850-25dd
James P.Harris,Planning Director
OFFICE OF THE LAND USE HEARING EXAMINER
(206) 859-3390 Theodore P.Hunter
Hearing Examiner
CLARIFICATION OF RECOMMENDATION
FILE NO: CHERRYWOOD #SU-95-9
APPLICANT: W. E. Ruth and Jerry Prouty
W.E. Ruth Real Estate
REQUEST: A request to subdivide 4.73 acres into eighteen residential lots.
LOCATION: The subject property is located at 26235 114th Avenue SE.
APPLICATION FILED: January 31, 1996
DETERMINATION OF
NONSIGNIFICANCE ISSUED: December 18, 1996
MEETING DATE: April 3, 1996 (record held open until April 10, 1996)
RECOMMENDATION ISSUED: April 24, 1996
REVISED CONDITION MAY 107 1996
RECOMMENDATION: APPROVAL WITH CONDITIONS
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
Charlene, Anderson, Planning Department
Kristin Langley, Public Works Department
Bill Wolinski, Public Works Department
Mike Evans, Fire Prevention
PUBLIC TESTIMONY: Hal Grubb for applicant
Jeff Potter for applicant
WRITTEN TESTIMONY: None
EXHIBITS: 1) Hearing Examiner file
2) Plat map revised 4/3/96
1
L'u aih NVE.So. /KENT. \SHI\GTOS 9sa?' 9K9�/TELEPFIO\'E ,;utl/FAX 4
Hearing Examiner Findings
Cherrywood
#S U-95-9
3) Letter from Hal Grubb, P.E., Barghausen Engineers,
dated 4/9/96 with notation of acceptance by
William Wolinski, P.E., Environmental Engineering,
City of Kent.
41 Letter from J. Jeffery Potter requesting clarification of
Condition B.2.
5) Letter from Lt. M. Evans. Assistant Fire Marshal
re arding Condition B.2.
The applicant filed a Request for Clarification on May 2, 1996, with reference to the sprinkler
requirements on proposed lots 9 and 12. The applicant states in the request that the City Fire
Department agrees the two lots need not be sprinklered as required in Condition B.2. listed on the
recommendation issued April 24, 1996. The applicant asks that the requirement be removed.
Concern related to fire protection was heard at the public hearing on this application. The discussion
was between the Fire Department and the applicant only. No others who testified presented any
concerns about fire protection.
Because the City Fire Department agrees with the applicant's request to remove lot 9 and 12 from
sprinkler requirements, and because no others presented any concerns about fire protection at the
public hearing, the Hearings Examiner finds that the request for clarification is consistent with the
intent of the City and the applicant to provide fire protection as discussed at the public hearing on
this application. `
NOW,THEREFORE,the Hearings Examiner concludes that lots 9 and 12 should be eliminated from
the last sentence of B.2. in the recommendation issued by the Hearings Examiner on April 24, 1996.
That recommended condition is modified to read as follows:
2. The subdivider shall revise the configuration of Lots 9, 10, 11 and 12 to consolidate access
via a 26-foot-wide private access tract, per City Standards. This access tract shall include a
hammerhead turnaround meeting the requirements of the Kent Fire Department. As an
As an alternative. the homes constructed on lots 10 and 11
will be required to install an approved fire suppression system (sprinklering) in lieu of the
turnaround.
Dated this 1 Oth day of Mav_ 1966 1
THEODORE PAUL HUNTER
Hearing Examiner
c:su959.rev
2
CITY OF L&LLL�120�
Jim White, Mayor
dip@7I2�A
Planning Department (206) 859-3390/FAX(206) 850-2544
James P.Harris,Planning Director
OFFICE OF THE LAND USE HEARING EXAMINER
(206) 859-3390 Theodore P. Hunter
Hearing Examiner
FNDNGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: CHERRYWOOD #SU-95-9
APPLICANT: W. E. Ruth and Jerry Prouty
W.E. Ruth Real Estate
REQUEST: A request to subdivide 4.73 acres into eighteen residential lots.
LOCATION: The subject property is located at 26235 114th Avenue SE.
APPLICATION FILED: January 31, 1996
DETERMINATION OF
NONSIGNIFICANCE ISSUED: December 18, 1996
MEETING DATE: April 3, 1996 (record held open until April 10, 1996)
RECOMMENDATION ISSUED: April 24, 1996
RECOMMENDATION: APPROVAL WITH CONDITIONS
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
Charlene, Anderson, Planning Department
Kristin Langley, Public Works Department
Bill Wolinski, Public Works Department
Mike Evans, Fire Prevention
PUBLIC TESTIMONY: Hal Grubb for applicant
Jeff Potter for applicant
WRITTEN TESTIMONY: None
EXHIBITS: 1) Hearing Examiner file
2) Plat map revised 4/3/96
1
110-lih AVE.SO.. I KEVT.WASIAPIOIOV 9xul'-.489'/TELEPHONE 4051859--'300/FAX s 859-3_�.:
Hearing Examiner Findings
Cherrywood
#SU-95-9
3) Letter from Hal Grubb, P.E., Barghausen Engineers,
dated 4/9/96 with notation of acceptance by
William Wolinslci, P.E., Environmental Engineering,
City of Kent.
INTRODUCTION
After due consideration of all the evidence presented at public hearing on the date indicated above,
and following an unaccompanied personal inspection of the subject property and surrounding area
by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions
and recommendation are entered by the Hearing Examiner on this application.
SUMMARY OF PROCEDURE
A public hearing was held on April 3, 1996, in the City of Kent Council Chambers. All present were
given an opportunity to testify and present evidence. During the public hearing, it became clear to
the Hearing Examiner that additional information was necessary before a decision could be made
on the application. The applicant agreed to present the additional information on drainage issues
prior to April l0`l so that the Hearing Examiner could issue a decision by April 24`h. The
information was provided with the city's acceptance on April 9`h.
FINDINGS
1 The owner of the property proposed for subdivision is Ethel Bisceglia of Tacoma, Washington.
The applicants for the subdivision are W.E.Ruth and Jerry Prouty of W.E. Ruth Real Estate.
Exhibit 1, Application. The applicants were represented at the public hearing by Mr. Jeff Potter
and Mr. Hal Grubb of Barghausen Engineers. Testimony of Mr. Potter and Mr. Grubb.
2. The property proposed for subdivision is located at 26235 1141 Avenue SE. Exhibit 1, Staff
Report.
3. The size of the property is 4.73 acres. The applicant proposes eighteen single family lots with
the smallest lot of 5,000 square feet. The applicant submitted a revised site plan dated received
on April 3, 1996, that shows all lots in conformance with minimum lot size requirements.
Exhibit 2, Site Plan.
4. The property is zoned both R1-5.0, Single Family Residential with a 5,000 square foot minimum
lot. The Comprehensive Plan Land Use Map designates the property as SF 8, Single Family
Residential with eight dwelling units per acre. Exhibit 1, Staff Report.
5. Land use around the property proposed for subdivision is single family residential to the south.
multifamily to the east and north and a Junior High School to the west. Exhibit 1, Staff Report.
2
Hearing Examiner Findings
Cherrywood
#SU-95-9
6. There are several significant trees of 6-inch caliper or greater on the property. Many of these
trees can be preserved to enhance the aesthetic value of the area as well as help control
stormwater runoff and water quality. Exhibit 1, Staff Report.
7. The site would be accessed off of 1141h Avenue SE. The street is classified as a Residential
Collector and has an average daily traffic count of less than 5,000 vehicle trips per day. The
traffic impacts from the proposed development would affect intersections on Kent-Kangley Road
at 114`h Avenue SE, 108`h Avenue SE and 104`'Avenue SE. Exhibit 1, MDNS. This increase
in number of vehicles will contribute to congestion of surrounding streets if no improvements
are made. Improvements should include street widening, lighting and walkways. Access to
mass transit is also important to help reduce the number of motor vehicles associated with
development of the subject property. The applicant has agreed to mitigate traffic impacts
associated with the proposed development. Testimony ofAfr. Jeff Potter; Exhibit 1, mitigated
Determination of Nonsignificance (MDNS).
8. The City of Kent water system and sanitary sewer system can be extended to each lot.
Stormwater drainage improvements are also necessary. The city and applicant agree that an
infiltration facility will not be feasible for the development. Exhibit 3. A stormwater drainage
plan that ensures no net increase in the rate of off-site drainage flow must be submitted to and
approved by the city to make certain stormwater impacts are mitigated. Testimony of
Ms. Charlene Anderson; Exhibit 1, 111DIUS.
9. The environmental review for this application resulted in a conclusion by the City's Responsible
Official that the project has no probable significant adverse impacts on the environment that
cannot be mitigated. A final Mitigated Determination of Nonsignificance (MDNS) was issued
for the proposed subdivision on December 18, 1995,pursuant to the State Environmental Policy
Act. It was not appealed by the applicant or any citizen. The conditions of mitigation address
several areas of environmental concern including traffic impacts, stormwater detention facilities,
and dedication of land for parks, utilities and streets. Exhibit 1, 11DNS.
10. The MDNS also required the applicant to prepare a wetland delineation report. This report was
submitted on February 2, 1996. Exhibit 1, Terra Associates Report. The report notes that the
wetland on the site is a Class 3 wetland that would be protected with a 25 foot buffer. Exhibit 1,
Terra Associates Report.
11. Public notice of this application was given by posting, publication and mailing. Exhibit 1,
Affidavits of Harris and Holden.
12. At the public hearing on April 3" , the applicant's representative testified that all conditions of
approval were acceptable and that the developer would comply with them, with one exception.
The applicant's representatives expressed concern about a proposed requirement of an infiltration
facility for mitigation of stormwater drainage impacts. Upon further analysis by the applicant
and the City, it was determined that infiltration is not feasible on the site. With that one
3
Hearing Examiner Findings
Cherrywood
#SU-95-9
exception,it was acknowledged by the applicant's representatives that the conditions of approval
recommended by the City would mitigate impacts associated with the development of this plat
proposal. Testimony of Mr. Jeff Potter; Letter from Mr. Hal Grubb.
CONCLUSIONS
1. The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider
all evidence presented at the public hearing; and, based on that evidence, to present a
recommendation to the City Council to approve, disapprove or approve with conditions the
preliminary plat application. KCC 12.04.360, KCC 2.32.090.
2. Notice of the public hearing on this application was properly given in accordance with applicable
state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. Finding
of Fact No. 11.
3. The recommendation of the Hearing Examiner must be supported by the evidence presented, as
stated in the Findings of Fact of this recommendation, and must be consistent with the standards
and criteria for review specified in state statutes and city ordinances. The standards and criteria
for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code
(KCC) and Chapter 58.17 of the Revised Code of Washington (RC`). These review criteria
include:
(a)KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to:
provide rules, regulations, requirements, and standards for subdividing land in the
City of Kent, ensuring that the highest feasible quality, in subdivision will be attained;
that the public health, safety, general welfare, and aesthetics of the City of Kent shall
be promoted and protected; that orderly growth, development, and the conservation,
protection and proper use of land shall be ensured; that proper provisions for all
public facilities (including circulation, utilities, and services) shall be made; that
maximum advantage of site characteristics shall be taken into consideration; and that
conformance with provisions set forth in the City of Kent Zoning Code and Kent
Comprehensive Plans shall be ensured.
(b) KCC 12.04.330 which specifies eight requirements that must be shown on the
preliminary plat map including appropriate names and dates, proposed platted
property lines, contours and elevations,proposed public service areas, square footage
calculations for developed and open space, dimensions of each lot, statements of soil
type and drainage conditions, a description of existing land cover, and a description
of wildlife present.
4
Hearing Examiner Findings
Cherrywood
#SU-95-9
(c) KCC 12.04.370 which requires a written statement from the Seattle-King County
health department as to the general adequacy of the proposed means of sewage
disposal and water supply.
(d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable
environmental amenities so that urban development may be as compatible as possible
with the ecological balance of the area including preservation of drainage patterns,
protection of ground water supply, prevention of erosion and preservation of trees
and natural vegetation.
(e) KCC 12.04.440 which specifies requirements for utilities including sanitary
sewers, a proper drainage plan and a proper water distribution system.
(f) KCC 12.04.450 which requires due consideration to the allocation of public
service usage areas and due regard for all natural features including large trees, water
courses, historical spots and other community assets that would add attractiveness
and value to the property.
(g) KCC 12.04.490 which provides for mitigation of any adverse effects of
development upon the existing park and recreational facilities in the City of Kent.
(h) RCW 58.17.110 which requires an inquiry into the public use and interest
proposed to be served by the subdivision and a determination "that appropriate
provisions are made for public health, safety and general welfare and for such open
spaces, drainage ways, streets or roads, alleys, other public ways, transit stops,
potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools
and schoolgrounds and all other relevant facts, including sidewalks and other
planning features that assure safe walking conditions for students who only walk to
and from school."
5. Based on the Findings of Fact specified above, and with the specific conditions recommended
below, the Examiner concludes that this preliminary plat application as revised on Exhibit 2 is
consistent with the standards and criteria of applicable state statutes and city ordinances and
should be approved. Findings of Fact No. 3,4,5,6,7,8,9,10 &12.
RECOMMENDATION
The Hearing Examiner recommends that this preliminary plat application be APPROVED subject
to the following conditions:
5
Hearing Examiner Findings
Cherrywood
#SU-95-9
A. CONDITIONS OF APPROVAL:
1. The owner/subdivider shall comply with all applicable conditions of the mitigated
Determination of Nonsignificance for the Cherrywood Subdivision (formerly known as
Bisceglia Estates) 4ENV-95-74.
B. PRIOR TO RECORDATION OF THE SUBDIVISION:
1. The subdivider shall dedicate sufficient right of way to construct the plat street to City
Standards for a Residential Street,minimum right of way 49 feet, including a minimum 50.5-
foot radius (at right-of-way line -- 45 feet curb line) in a cul-de-sac turnaround at the
'knuckle', and 35-foot radius curb returns at the
terminus of the plat street and in the
intersection of the plat street at 114th Avenue Southeast.
2. The subdivider shall revise the configuration of Lots 9, 10, 11 and 12 to consolidate access
via a 26-foot-wide private access tract, per City Standards. This access tract shall include a
hammerhead turnaround meeting the requirements of the Kent Fire Department. As an
alternative, the homes constructed on lots 9, 10, 11 and 12 may be sprinklered to provide
equivalent protection from fire.
J. To clarify SEPA conditions for the MDNS for#ENV 95-74, the subdivider shall grant a
10-foot-wide pedestrian access tract along the entire southerly boundary of Lot 1.
4. The subdivider shall revise the subdivision map to eliminate Tract'C' as a separate tract, and
include it in the dedication of the right of way for Road 'A'.
5. The subdivider shall waive abutter's access rights across the entire frontage of the wetland
and stormwater detention areas (Tracts A and B), plus across the southerly 50 feet of Lot 17
(ensuring a minimum of 100 feet of access restriction northerly from the Point of Tangency
of the northwesterly curb return at 114th Avenue Southeast and the plat street). Said access
restriction, or as modified by Condition 46, shall be stated clearly upon the face of the
subdivision map.
6. The subdivider shall grant a 24-foot-wide joint/ reciprocal access easement centered upon
the common property line between Lots 17 and 1 S to minimize the number of driveways
onto 114th Avenue Southeast. The easement shall include adequate area on Lots 17 and 13
to provide a hammerhead turnaround accommodating a full-sized passenger vehicle/pick-up
truck to prevent vehicles 'backing' out onto 114th Avenue Southeast.
If the stormwater detention and conveyance requirements for this subdivision result in the
deletion of proposed Lots 17 and IS, then the subdivider shall waive abutter's access rights
across the entire frontage of the subdivision on 114th Avenue Southeast.
6
Hearing Examiner Findings
Cherrywood
#SU-95-9
7. The subdivider shall grant a 24-foot-wide joint access easement centered upon the common
property line of proposed Lots 4 and 5, and shall provide therein a minimum 16-foot wide
joint driveway.
8. The subdivider shall provide engineering drawings for review and approval by the City, and
shall either construct or bond for the following:
a) A gravity sanitary sewer system to serve all lots.
b) A water system meeting domestic and fire flow requirements for all lots.
C) A storm drainage system meeting the Kent Standards for conveyance, detention,
water quality treatment, etc. The minimum detention standard to be met for this
project shall be that for Hillside development. (See SEPA conditions for more
details). It has been determined by the City that an infiltration system is not feasible
for the subject property.
A Conceptual Drainage Plan must be submitted to determine the adequacy of Tract
'A' to meet the stormwater management requirements for this development. Lots 10,
11, 16, 17, and 18 could need to be revised to accommodate this requirement.
A minimum width of five feet within the approved wetland area on the north side of,
and adjacent to the plat street right of way shall be included in the calculation of the
"Wetland to be Removed" to account for all of the impacts due to roadway and
sidewalk construction.
Provisions to maintain the wetland hydrology shall be included in the stormwater
management system.
d) Improvement of 114th Avenue Southeast as described in the mitigation conditions
of SEPA#EivV-95-74.
e) A 32-foot-wide paved roadway; concrete curbs, gutters on both sides of the street;
five (5)-foot-wide concrete sidewalks along both sides of both plat streets; street
lighting; storm drainage; street channelization; utilities and appurtenances, and a cul-
de-sac turnaround (or as approved by the Fire Marshal) per City Standards for a
Residential Street. This shall include 35-foot radius curb returns at the interior
intersections of the plat street at the 'knuckle' and at the plat street intersection with
114th Avenue Southeast.
f) A hard-surfaced, fenced, pedestrian and bicycle access route, with acceptable
nighttime illumination along the access tract required of Condition 43, above. A
catch basin shall be provided along the walkway for drainage; a pedestrian maze gate
7
Hearing Examiner Findings
Cherrywood
#S U-95-9
shall be installed at the west end of the walkway; and a bollard shall be placed at the
east end of the walkway.
9. The subdivider shall dedicate all necessary public right of way for the improvements listed
in Condition B.8 above, and shall provide all public and private easements necessary for the
construction, operation, and maintenance of the required improvements identified in Section
B, above.
10. The owner/developer shall submit for review and approval by the Planning and Public Works
Departments a tree plan for the general site, for the roadway, and for all individual lots
showing all trees six inches in diameter or greater, and their relationship to any proposed
structure; approval and construction of the final roadway design and issuance of a
development permit for any lot may not occur prior to approval of the tree plan by the Kent
Planning Department.
11. The owner/developer shall dedicate five percent (5%) of the total plat area for open space
park land or pay a fee in lieu of a donation per the requirements of KCC Section 12.04.490.
12. The existing house shall be removed or shall be connected to a public sewer. Existing septic
tanks must be abandoned by a licensed septic system installer. Any wells must be abandoned
according to Department of Ecology (DOE) standards.
13. The owner/subdivider shall provide mailbox stands as approved by the U.S. Postmaster, i.e..
at approximately the center of proposed lot 17 on the 114th Avenue SE street side, at
approximately the centers of proposed lots 13 and 2 on Road "B", and at approximately the
eastern one-third of proposed lot 15 on Road "A".
14. The owner/subdivider shall provide fire hydrants according to the requirements of the Kent
Fire Department.
C. PRIOR TO OR IN CONJUNCTION W I TTH THE ISSUANCE OF ANY BUILDING PERMIT
ON ANY LOT IN THE CHERRYWOOD SI BDIVISION (4SU-95-9):
1. The subdivider shall construct the improvements noted in Sections "A" and "B", above.
2. The owner/subdivider/developer shall provide to residents of each lot information about the
safe use and disposal of household hazardous waste, including motor oil, in order to
minimize surface water pollution. The Kent Planning Department shall provide the property
owner with sample information brochures that may be distributed or made available to
residents to satisfy this condition.
3. Dust generated during construction activities on all lots shall be controlled by wetting dust
sources such as areas of exposed soils, washing truck wheels before they leave the site. and
8
Hearing Examiner Findings
Cherrywood
#SU-95-9
installing and maintaining gravel construction entrances. Construction vehicle track-out on
public rights of way are violations subject to fines from the Department of Ecology, the City
of Kent, and/or the Puget Sound Air Pollution Control Authority.
Dated this 24th day of April, 1996.
THEODORE PAUL HUNTER
Hearing Examiner
APPEALS FROM HEARING EXAMINER DECISIONS.
Request of Reconsideration
Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either
(a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which
was not available at the time of the hearing. Reconsideration requests should be addressed to:
Hearing Examiner, 220 Fourth Avenue S., Kent, WA 98032. Reconsiderations are answered in
writing by the Hearing Examiner.
Notice of Right to Appeal
The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a
party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new
information cannot be raised on appeal. All relevant information and arguments should be presented
at the public hearing before the City Council.
There is no appeal of the Hearing Examiner's recommendation to the City Council. The City
Council shall consider the rezone recommendation at a regularly scheduled public meeting within
30 days.
c:su959.fin
9
CITY OF
i
j Jim White, Mayor
Planning Department (206) 859-3390/FAX(206) 850-2544
James P. Harris, Planning Director
KENT PLANNING DEPARTMENT
(206) 859-3390
STAFF REPORT FOR
HEARING EXAMINER MEETING OF
APRIL 3, 1996 3:00 PM
FILE NO: CHERRYWOOD 9SU-95-9
APPLICANT: W. E. Ruth and Jerry Prouty
W. E. Ruth Real Estate
REQUEST: A request to subdivide 4.73 acres into eighteen residential
lots.
STAFF
REPRESENTATIVE: Charlene Anderson, Planner
STAFF
RECOMMENDATION: APPROVAL with Conditions
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to subdivide 4.73 acres of property into eighteen residential
lots.
B. Location
The subject property is located at 26235 114th Avenue SE.
C. Size of Property
The subject property contains 4.73 acres.
D. Zonin2
1
2204ih AVE SO IKENT W'ASHINGTON 98032-5895/TELEPHONE i2061859-3300/FAX 1859-3334
Staff Report
Cherrywood
9SU-95-9
D. Zoning
The subject property is zoned R1-5.0, Single Family Residential. Adjacent
properties to the north and east are zoned MR-G, Garden Density Multifamily
Residential. Properties south and southeast of the property are zoned R1-7.2, Single
Family Residential. Properties to the west and northwest are zoned O, Professional
and Office. Property to the southwest is zoned MR-D, Duplex Multifamily
Residential.
E. Land Use
Properties in the vicinity of the proposed preliminary plat consist of multifamily
residential development to the north and east, single family development to the south,
and Sequoia Junior High School to the west.
F. History
The subject property was part of 594 acres annexed to the City of Kent on Julv_ 1,
1994 through Ordinance No. 3171 (Ramstead/East Hill Annexation Area).
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A final Mitigated Determination of Nonsignificance (MDNS 4ENV-95-74) for the
preliminary plat was issued on December 18, 1995, with conditions. The MDNS is
part of the record for the preliminary plat.
B. Significant Phvsical Features
1. Topography and Vegetation
The site slopes to the east,with significant evergreen and deciduous trees and
other vegetation.
2
Staff Report
Cherrywood
TSU-95-9
2. Drainage
Conditions related to mitigation of drainage impacts are part of the MDNS
issued for this project.
C. Significant Social Features
1. Street Svstem
Upon reviewing the development plan/subdivision map for the Cherrywood
subdivision, it has been determined that the proposed development will cause
incremental but cumulatively significant additional impacts to the regional
and local transportation systems, demonstrated in part as additional traffic
congestion at the following intersections: 114th Avenue SE at Kent-Kangley
Road(SR 516), 108th Avenue SE at Kent-Kangley Road(SR 516), and 104th
Avenue SE at Canyon Drive/Kent-Kangley Road (SR 516). The proposed
plat is located off 114th Avenue SE, which is classified as a Residential
Collector, augmented with bicycle lanes. The street has a public right-of-way
width of 50 feet, while the actual width of paving is 28 feet. The street is
improved with asphalt paving, curb and gutter(off-site). The current average
dailv traffic count on this street is less than 5,000 vehicle trips per day.
Mitigation of traffic impacts is a condition of the mitigated Determination of
Nonsignificance for this project.
The Public Works Department is recommending as a condition of approval
of this subdivision that the plat street shall be fully improved.
2. Water and Sanitary Sewer Svstems
Existing 8-inch and 10-inch water mains are available to serve the subject
property, and an 8-inch sanitary sewer is available to serve the subject
property. Construction of a public water system and gravity sanitary sewer
is recommended as a condition of approval of this subdivision.
3
Staff Report
Cherrywood
9SU-95-9
3. Stormwater SVstem
An on-site detention system and storm water treatment system are
recommended as conditions of approval of this subdivision.
4. LIDs
None.
6. Parks
The Tudor Square and Pine Tree neighborhood parks are in the vicinity of the
proposed subdivision. The subdivider shall dedicate 5 percent of the total
property being developed as open space or pay a fee in lieu of dedication per
KCC Section 12.04.490.
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of this application:
Department of Operations King County Parks, Planning & Resource
City Attorney Department
Fire Chief Puget Sound Power& Light
Citv Clerk Seattle-King County Health Department
Chief of Police U.S. West Communications
Development Services/ U.S. Postmaster
Fire Prevention Washington Natural Gas Company
Director of Public Works Washington State Department of
Parks and Recreation Director Transportation
Kent School District
In addition to the above, all persons owning property which lies within 300 feet of the site
were notified of the application and of the public hearing.
Staff comments have been incorporated into the staff report where applicable.
A
Staff Report
Cherrywood
4SU-95-9
IV. PLANNING DEPARTMENT REVIEW
A. Comprehensive Plan
In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which
represented a complete revision of the City's 1977 comprehensive plan. The 1995
plan was prepared under the provisions of the Washington State Growth
Management Act. The Comprehensive Plan. through its goals and policies, presents
a clear expression of the City's vision of growth for citizens, the development
community, and other public agencies. The plan is used by the Mayor, City Council,
Land Use and Planning Hearings Board, Hearing Examiner, and City departments
to guide decisions on amendments to the City's zoning code and other development
regulations, which must be consistent with the plan, and also to guide decisions
regarding the funding and location of capital improvement projects. The Land Use
Element of the plan contains a Land Use Plan Map which designates the type and
intensity of land uses throughout the city, as well as in the entire potential annexation
area.
Kent's GMA Comprehensive Plan designates the site Single Family Residential.
eight units per acre maximum. The proposed project directly supports Goals LU-9.
H-1, and H-2 which encourage a variety of housing types, options, and densities, that
are accessible to transportation and sensitive to the environment.
Additional incremental, but cumulatively significant impacts will be created to water
quality, storm water detention and conveyance facilities, utility transmission
facilities, sanitary sewerage and domestics water conveyance systems. Compliance
with the City of Kent's "Public Works Ordinance" and the State of Washinilton's
Growth Management Act will require concurrent improvement -- or the execution
of binding agreements by the subdivider with the City of Kent for participation in
future improvement projects -- of roadway, intersection and intersection
signalization, storm water detention, treatment, and conveyance. utility, sanitary
sewerage, and domestic water systems.
B. STANDARDS FOR GRANTING A SUBDIVISION
The purpose of the City of Kent Subdivision Code is to provide rules, regulations,
requirements, and standards for subdividing land in the City of Kent, insuring that
the highest feasible quality in subdivision will be attained; that the public health,
5
Staff Report
Cherrywood
JSU-95-9
safety, general welfare and aesthetics of the City of Kent shall be promoted and
protected; that orderly growth, development, and the conservation. protection and
proper use of land shall be insured; that proper provisions for all public facilities
(including circulation,utilities,and services) shall be made;that maximum advantage
of site characteristics shall be taken into consideration; that conformance With
provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan
shall be insured.
Planning Department Comment
With the recommended conditions of approval of this subdivision and the conditions
of the mitigated Determination of Nonsignificance, the proposed plat is in general
conformance with the regulations of the Subdivision Code.
A dedication or fee-in-lieu of dedication is required for open space in accordance
with KCC Section 12.04.490.
C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS
The subject property is zoned R1-5.0. Single Family Residential.
Planning Department Comment
The proposed lots comply with the lot size and width requirements of the RI-5.0
zoning district. Future development of the lots shall comply with the development
standards of this district.
Development on this property is subject to compliance with the City's tree
preservation ordinance (KCC Section 15.08.240).
6
Staff Report
Cherrywood
#SU-95-9
D. PROPOSED FINDINGS
The Planning Department has reviewed this application in relation to the
Comprehensive Plan,proposed zoning, land use, street system, wetland regulations.
storm drainage issues and comments from other departments and finds that:
1. The GMA Kent Comprehensive Plan designates the site Single Family
Residential, eight units/acre maximum.
2. The site currently is zoned R1-5.0, Single Family Residential.
3. Land uses in the immediate area of the site are a mixture of multifamily and
single-family residential, with a junior high school to the west of the site.
4. The site has access to 114th Avenue SE.
5. All proposed lots meet or exceed the required 5,000 square foot lot size.
6. The proposed plat will be served by City of Kent sewer and water.
7. A Mitigated Determination of Nonsignificance was issued for the plat on
December 18, 1995 (4ENV-95-74).
V. CITY STAFF RECOMMENDATION
Upon review of the merits of this request and the Code criteria for granting approval of a
preliminary subdivision.the staff recommends APPROVAL of the proposed preliminary plat
of Cherrywood subject to the following conditions:
A. CONDITIONS OF APPROVAL:
1. The owner/subdivider shall comply with all applicable conditions of the
mitigated Determination ofNonsignificance for the Cherrywood Subdivision
(formerly known as Bisceglia Estates) #ENV-95-74.
7
Staff Report
Cherrywood
#SU-95-9
B. PRIOR TO RECORDATION OF THE SUBDIVISION:
1. The subdivider shall dedicate sufficient right of way to construct the plat
street to Citv Standards for a Residential Street, minimum right of wavy 49
feet, including a minimum 50.5-foot radius (at right-of-way line -- 45 feet
curb line) in a cul-de-sac turnaround at the terminus of the plat street and in
the 'knuckle', and 35-foot radius curb returns at the intersection of the plat
street at 114th Avenue Southeast.
2. The subdivider shall revise the configuration of Lots 9, 10, 11 and 12 to
consolidate access via a 26-foot-wide private access tract,per City Standards.
This access tract shall include a hammerhead turnaround meeting the
requirements of the Kent Fire Department.
3. To clarify SEPA condition 445 for the NIDNS for'"ENV 95-74, the subdivider
shall grant a 10-foot-wide pedestrian access tract along the entire southerly
boundary of Lot 1.
4. The subdivider shall revise the subdivision map to eliminate Tract 'C' as a
separate tract, and include it in the dedication of the right of way for Road'A'.
5. The subdivider shall waive abutter's access rights across the entire frontage
of the wetland and stormwater detention areas (Tracts A and B), plus across
the southerly 50 feet of Lot 17 (ensuring a minimum of 100 feet of access
restriction northerly from the Point of Tangency of the northwesterly curb
return at 114th Avenue Southeast and the plat street). Said access restriction_
or as modified by Condition #6, shall be stated clearly upon the face of the
subdivision map.
6. The subdivider shall grant a 24-foot-wide joint/reciprocal access easement
centered upon the common property line between Lots 17 and 18 to minimize
the number of driveways onto 114th Avenue Southeast. The easement shall
include adequate area on Lots 17 and 18 to provide a hammerhead turnaround
accommodating a full-sized passenger vehicle/pick-up truck to prevent
vehicles 'backing' out onto 114th Avenue Southeast.
If the stormwater detention and conveyance requirements for this subdivision
result in the deletion of proposed Lots 17 and 18, then the subdivider shall
8
Staff Report
Cherrywood
9SU-95-9
waive abutter's access rights across the entire frontage of the subdivision on
114th Avenue Southeast.
7. The subdivider shall grant a 24-foot-wide joint access easement centered
upon the common property line of proposed Lots 4 and 5, and shall provide
therein a minimum 16-foot wide joint driveway.
8. The subdivider shall provide engineering drawings for review and approval
by the City, and shall either constrict or bond for the following:
a) A gravity sanitary sewer system to serve all lots.
b) A water system meeting domestic and fire flow requirements for all
lots.
c) A storm drainage system meeting the Kent Standards for conveyance.
detention, water quality treatment, etc. The minimum detention
standard to be met for this project shall be that for Hillside
development. (See SEPA conditions for more details).
A Conceptual Drainage Plan must be submitted to determine the
adequacy of Tract 'A' to meet the stormwater management
requirements for this development. Lots 10, 11, 16, 17, and 18 could
need to be revised to accommodate this requirement.
A minimum width of five feet within the approved wetland area on
the north side of, and adjacent to the plat street right of way shall be
included in the calculation of the "Wetland to be Removed" to
account for all of the impacts due to roadway and sidewalk
construction.
Provisions to maintain the wetland hydrology shall be included in the
stormwater management system.
d) Improvement of 114th Avenue Southeast as described in the
mitigation conditions of SEPA 4ENV-95-74.
9
Staff Report
Cherrywood
4SU-95-9
e) A 32-foot-wide paved roadway; concrete curbs, gutters on both sides
of the street; five (5)-foot-wide concrete sidewalks along both sides
of both plat streets; street lighting; storm drainage; street
channelization; utilities and appurtenances, and a cul-de-sac
turnaround (or as approved by the Fire Marshal) per City Standards
for a Residential Street. This shall include 35-foot radius curb returns
at the interior intersections of the plat street at the 'knuckle' and at the
plat street intersection with 114th Avenue Southeast.
f) A hard-surfaced, fenced, pedestrian and bicycle access route, with
acceptable nighttime illumination along the access tract required of
Condition 93, above. A catch basin shall be provided along the
walkway for drainage; a pedestrian maze gate shall be installed at the
west end of the walkway; and a bollard shall be placed at the east end
of the walkway.
9. The subdivider shall dedicate all necessary public right of way for the
improvements listed in Condition B.8 above, and shall provide all public and
private easements necessary for the construction, operation. and maintenance
of the required improvements identified in Section B, above.
10. The owner/developer shall submit for review and approval by the Planning
and Public Works Departments a tree plan for the general site, for the
roadway, and for all individual lots showing all trees six inches in diameter
or greater, and their relationship to any proposed structure; approval and
construction of the final roadway design and issuance of a development
permit for any lot may not occur prior to approval of the tree plan by the Kent
Planning Department.
11. The owner/developer shall dedicate five percent(5%) of the total plat area for
open space park land or pay a fee in lieu of a donation per the requirements
of KCC Section 12.04.490.
12. The existing house shall be removed or shall be connected to a public sewer.
Existing septic tanks must be abandoned by a licensed septic system installer.
Any wells must be abandoned according to Department of Ecology (DOE)
standards.
10
Staff Report
Cherrywood
#SU-95-9
13. The owner/subdivider shall provide mailbox stands as approved by the U.S.
Postmaster, i.e., at approximately the center of proposed lot 17 on the 1 l4th
Avenue SE street side, at approximately the centers of proposed lots 13 and
2 on Road "B", and at approximately the eastern one-third of proposed lot 15
on Road "A".
14. The owner/subdivider shall provide fire hydrants according to the
requirements of the Kent Fire Department.
C. PRIOR TO OR 11N CONJLNCTION WITH THE ISSUANCE OF ANY BUILDING
PERMIT ON ANY LOT IN THE CHERRYWOOD SUBDIVISION (#SU-9L91:
1. The subdivider shall construct the improvements noted in Sections "A" and
"B", above.
2. The owner/subdivider/developer shall provide to residents of each lot
information about the safe use and disposal of household hazardous waste.
including motor oil, in order to minimize surface water pollution. The Kent
Planning Department shall provide the property owner with sample
information brochures that may be distributed or made available to residents
to satisfy this condition.
3. Dust generated during construction activities on all lots shall be controlled by
wetting dust sources such as areas of exposed soils, washing truck wheels
before they leave the site, and installing and maintaining gravel construction
entrances. Construction vehicle track-out on public rights of way are
violations subject to fines from the Department of Ecology. the City of Kent,
and/or the Puget Sound Air Pollution Control Authority.
KENT PLANNING DEPARTMENT
March 26, 1996
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APPLICATION NAME: Cherrywood
NUMBER: #SU-95-9 DATE: April 3, 1996
REQUEST: Preliminary Plat
LEGEND
Application site
Vicinity Map Railroad tracks
City Limits
�10
Kent City Council Meeting
Date June 18 1996
Category Other Business
1 . SUBJECT: COMPREHENSIVE PLAN AMENDMENT - MC-1 ZONING DISTRICT
(CPA-96-2) - ORDINANCE
2 . SUMMARY STATEMENT: The Interim Land Use and Planning Board
has recommended adding Policy LU-16.4 regarding the M1-C zone
to the Kent Comprehensive Plan. This policy was inadvertently
left out of the Comprehensive Plan when originally adopted in
April 1995.
3 . EXHIBITS: Staff memo, Interim Land Use and Planning Board
minutes of 5/29/96 and ordinance
4 . RECOMMENDED BY: Land Use and Planning Board
(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
to adopt Ordinance No. 33c), adding Policy LU-16. 4 regarding
the M1-C zone to the Kent Comprehensive Plan, as recommended by
the Interim Land Use and Planning Board.
DISCUSSION•
ACTION:
Council Agenda
Item No. 4C
CITY OF )Wr MM
PLANNING DEPARTMENT
(206) 859-3390
Jim White, Mayor
MEMORANDUM
June 18, 1996
TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: KEVIN O'NEILL, SENIOR PLANNER
SUBJECT: COMPREHENSIVE PLAN AMENDMENT #CPA-96-2 - MI-C POLICY
AMENDMENT
Attached is an ordinance which would amend the Comprehensive Plan by adding a policy to
the Land Use Element. This proposed policy was discussed during the Planning Committee's
consideration of the Draft Comprehensive Plan in the spring of 1995, and the Committee voted
to include this policy in their recommendation to the full Council. However, the policy was
not included in the exhibits presented to the Council when the plan was adopted on April 18,
1995, and was therefore not included as part of the plan.
The policy, LU-16.4, relates to retail uses in the M1 zoning district. The policy states:
Policy LU-16.4 - To expand retail opportunities to provide necessary personal and
business services for the general industrial area, implement the recommendations of the
West Valley Industrial Study regarding potential areas for expanded retail opportunities
for properties within the MI Industrial Park district.
The City Council adopted a resolution on May 7, 1996 to declare an emergency to prepare a
comprehensive plan amendment to consider adding this policy to the plan. The Interim Land
Use Board conducted a public hearing on the proposed amendment on May 29, 1996, and
made their recommendation at the Mav 29 meeting (see attached minutes and staff report).
Planning Department staff will be available at the June 18 meeting to answer questions about
the proposed plan amendment.
KON/mp:a:cpa962cc.mem
cc: James P. Harris, Planning Director
Fred Satterstrom, Planning Manager
2204M ACE.SO.. /KENT.W:\SHINGTON Q80.!1-ig09/TELEPHONE (20h M59-3300/FAX N 354-3334
Land Use and Planning Board Minutes
May 29, 1996
9CPA-96-2 Ml-C DISTRICT POLICY AMENDMENT (Kevin O'Neill)
Senior Planner Kevin ONeill explained that a policy regarding permitted uses in the MI-C zone was
presented to the Planning Committee on April 4, 1995, during the Committtee's hearing on the draft
Comprehensive Plan, and was forwarded to the full City Council to be included in the
Comprehensive Plan. The policy was inadvertently left out of the Comprehensive Plan adopted in
April of 1995 by the full City Council. The Planning Department recently received a rezone
application that depends on the amendment to the Comprehensive Plan regarding the M1-C zone.
On May 7, 1996, the City Council adopted a resolution declaring an emergency to prepare a
comprehensive plan amendment to add this policy to the plan. It is the staffs recommendation to
add policy LU-16.4 regarding the M1-C zone to the Kent Comprehensive Plan.
Chair Orr opened the public hearing. There was no public testimony on this matter.
Board member Tim Clark MOVED that the public hearing be closed. Board member Jon Johnson
SECONDED. Motion carried.
Jon Johnson MOVED to approve #CPA-96-2 M1-C District Policy Amendment and forward to the
full City Council for adoption. Board member Tim Clark SECONDED. Motion carried.
The meeting was adjourned at 9:25 p.m.
I
i
I,
ORDINANCE NO.
AN ORDINANCE of the City Council of
the City of Kent, Washington, amending
the City of Kent Comprehensive Plan
pursuant to Resolution No . 1470 and
Chapter 12 . 02 Kent City Code .
WHEREAS, the City of Kent began hearings with its
Planning Commission on the proposed Kent Comprehensive Plan
from July to December of 1994 in which a draft plan was
considered by the Planning Commission; and
WHEREAS, the Planning Commission' s recommendations
were referred to the City Council who in turn referred the
Commission' s recommendations to the council ' s Planning
Committee; and
WHEREAS, the Council Planning Committee conducted
hearings from March through April of 1995 on the draft Kent
Comprehensive Plan; and
WHEREAS, at a March 7 , 1995 , hearing, a member of
the public testified, and requested that the City allow more
flexibility for retail uses in the M-I (C) Zoning District ;
and
COMPAMEND.ORD
WHEREAS, on March 28, 1995 , after reviewing the
request for more flexibility in the M-1 (C) Zoning District,
and in preparation for the Planning Committee ' s April 4 ,
1995 , meeting, the planning department staff prepared a
; memorandum recommending the addition of a land use policy
(LU-16 . 4) which would allow more flexibility for retail uses
in the M-I (C) Zoning District; and
WHEREAS, on April 4 , 1995 , the Council Planning
Committee considered this recommendation and unanimously
voted to add policy LU-16 . 4 to the Land Use Element of the
Kent Comprehensive Plan; and
WHEREAS, on April 4 , 1995 , the Planning Committee
voted to forward the draft Comprehensive Plan, as amended,
onto the full City Council ; and
WHEREAS, the Exhibit including LU-16 . 4 was
inadvertently omitted from the ordinance actually adopted by
the Kent City Council ; and
WHEREAS, the expectations of the public who
attended the public hearings before the Planning Committee
and the City Council were that the Kent Comprehensive Plan
would include the added Land Use Policy LU-16 . 4 ; and
2
WHEREAS, the intent of the Planning Committee was
to include LU-16 .4 as an added Land Use Policy to the Land
Use Element of the Kent Comprehensive Plan; and
WHEREAS, the public participated in public
hearings and expressed its desire that the City adopt this
additional Land Use Element into the Kent Comprehensive Plan
thereby allowing greater flexibility in the M-1 (C) Zoning
District ; and
WHEREAS, an omitted policy from the Land Use
Element of the Kent Comprehensive Plan defeats the
expectations of the participants in the public hearings and
the recommendations of the Kent Planning Committee; and
WHEREAS, amending the Kent Comprehensive Plan to
include Land Use Element Policy LU-16 . 4 as recommended by
the Planning Committee and as reviewed by the Kent Council
as a part of their Council packet on April 18 , 1995 , but
inadvertently omitted from the Exhibits attached to the
Comprehensive Plan Ordinance is consistent with the
expectations of the public during public hearings at which
the matter was discussed and serves the general welfare of
the public; and
WHEREAS, the Washington State Growth
Management Act and Chapter 12 . 02 of the Kent City Code
authorize the City of Kent to amend its Comprehensive Plan
3
only once per calendar year except in the case of an
emergency; and
WHEREAS, under Section 12 . 02 . 035 of the Kent City
Code an emergency is defined as an issue of community-wide
, significance that promotes the public health, safety and
general welfare ; and
WHEREAS, by Resolution No . 1470 , the City Council
of the City of Kent found that the inadvertent omission of
Land Use Element Policy LU-16 . 4 is an issue of community-
wide significance as it affects the expectations of the
public who participated in the public hearings and its
omission from the Kent Comprehensive Plan is not consistent
with the recommendation of the Kent Planning Committee, or
the intent of the Kent City Council ; and
WHEREAS, on May 7 , 1996 , the City Council of the
City of Kent declared an emergency pursuant to Chapter 12 . 02
KCC and authorized an amendment to the City of Kent
Comprehensive Plan; and
WHEREAS , on May 29 , 1996 , the City' s Land Use and
Planning Board conducted a public hearing on the proposed
adoption of LU-16 .4 and unanimously recommended City Council
approval ; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS :
A
SECTION 1 . The City Council of the City of Kent
amends the Land Use Element of the City of Kent
Comprehensive Plan by adding Policy LU-16 . 4 a copy of which
is attached as Exhibit A and incorporated herein by this
reference .
SECTION 2. If any one or more sections, sub-
sections, or sentences of this Ordinance are held to be
unconstitutional or invalid, such decision shall not affect
the validity of the remaining portion of this Ordinance and
the same shall remain in full force and effect .
SECTION 3 . 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
5
APPROVED AS TO FORM:
' ROGER A. LUBOVICH, CITY ATTORNEY
PASSED day of 1996 .
APPROVED day of 1996 .
PUBLISHED day of 1996 .
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
COMPAME^ID.ORD
6
EXHIBIT A
Policv LU-16 . 4 - To expand retail opportunities to provide
necessary personal and business services for the aeneral
industrial area implement the recommendations of the West Vallev
Industrial study regarding potential areas for expanded retail
opportunities for properties within the M1 Industrial Park
district .
;01
Kent City Council Meeting
Date June 18 1996
Category Bids
1. SUBJECT: EMERGENCY ELECTRICAL GENERATION SYSTEMS FOR FIRE
STATIONS 73 AND 76
2 . SUMMARY STATEMENT: The 1996 CIP contained a request for
emergency generators for the West Hill Fire Station and for the
North Industrial Station. These fire stations have experienced
repeated power outages that have impacted emergency response
and repairs to apparatus in the past. The Fire Department
considers these items to be essential to our emergency and
disaster response capability.
Due to fiscal constraints only $120, 000 was allocated in the
original request. This item has been discussed with City
Administration. It is felt that to re-bid one of the
generators at a later date would result in significantly higher
cost.
Three (3) bids were received:
Action Plus $173 , 943 . 00 (including tax)
Bauch Electric $150, 529 . 01 (including tax)
CTS Northwest $136, 332 . 00 (including tax)
3 . EXHIBITS: None
4 . RECOMMENDED BY: Fire Administration and Public Safety
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
City Administration supports utilizing unanticipated CIP
revenue from sales tax to cover the cost of the low bid.
6 . EXPENDITURE REOUIRED: $136 , 332 . 00
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember C'Vu) moves, Councilmember seconds
that the bid for the emergency generators for the West Hill
Fire Station and for the North Industrial Station be awarded to
CTS Northwest in the amount of $136, 332 ; further, that the
unanticipated revenue from sales tax in the CIP be utilized to
allow for the completion of the project and that the Mayor be
authorized to sign the contract for the projects.
DISCUSSION•
ACTION: W'L('
Council Agenda
Item No. 5A
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE d r'1 � 4:3 D
C. PUBLIC WORKS COMMITTEE
vo AU4
D. PLANNING COMMITTEE
titi 7-� p n
E. PUBLIC SAFETY COMMITTEE
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS
W a o,
0-n � � '
OPERATIONS COMMITTEE
MINUTES MAY 1511996
COMMITTEE MEMBERS PRESENT: Jon Johnson - Chair, Jim Bennett, Leona Orr
OTHER COUNCIL MEMBERS PRESENT: Christi Houser
STAFF PRESENT: John Hodgson, Charlie Lindsey,Roger Lubovich,Brent McFall,May Miller,
Kelli O'Donnell
MEMBERS OF THE PUBLIC: Purcell Johnson, Marcia McCreight, Jim Stone
Committee Chair Johnson called the meeting to order at 4:36 P.M.
Al2proval of Vouchers: Due to meeting schedule, no vouchers were audited/approved for this
meeting.
Kent Commons Parleind Lot Budget Chan4e
Finance Director May Miller stated that this project was originally planned as minor repairs to the
parking lot. Damage has been found to the asphalt from the street trees which to properly repair will
require asphalt work and restriping of the parking lot. Miller requested the allocation of$22,000
from the CIP fund balance to complete the asphalt patching and repair as well as adding wheelchair
markings and cleaning up the sidewalks, etc. She noted that the parking lot is fifteen years old and
this will be the first maintenance project.
Committeemember Orr moved to approve the $22,000 Budget Change for the Kent Commons
parking lot repair to be funded from the CIP fund balance. Committeemember Bennett seconded
the motion which passed 3-0.
Resolution Supporting Natural Medicine Clinic
Director of Operations Brent McFall stated that the draft resolution, if approved, would be put in
final form to support the proposal of Bastyre and King County Community Health Centers to King
County's Natural Medicine Health Clinic. He stated that the proposal is the only response to the RFP
for the first Natural Medicine Clinic in King County that proposes a Kent location. He noted that
the two agencies will also coordinate with other agencies such as Valley Medical for in-hospital
stays and Highline Community College for training programs. McFall concluded that the City's
Task Force on Natural Medicine requested that the resolution be passed by Council to show support
of this proposal.
Council President Houser asked if the Council should support a proposal which has not been seen
yet. She explained that she does support a health center in Kent but questioned supporting a
proposal that has not been seen by Council. McFall responded that the city is not putting together
the proposal. Bennett asked if the item should be tabled until the proposal is complete. Orr stated
that she was not as concerned about the specific proposal that the memo requested that the Council
give their support of the Kent location. She stated it was a good project and she was supportive of
a proposal siting in Kent. Roger suggested that the resolution be amended to support the location
of the clinic in Kent. McFall stated that he would redraft the proposal to address the concerns raised
to bring back to the Committee.
Briefing on Committee Responsibilities
Council Chair Jon Johnson stated that since this was the first Operations Committee to be broadcast
OPERATIONS COMMITTEE
MTNI JTP SSM_AY_
on the cable channel he would like to give a brief outline of the responsibilities of the Committee.
Johnson explained that the Committee reviews the financial operations of the City of Kent including
any budget changes; reviews personnel policies and makes recommendations to Council; and deals
with any other items referred by Council for the Operations Committee review. Johnson introduced
the Committee Members and staff.
March Financial Report
May Miller reviewed the March Financial Report with the Committee during which she noted that
the general fund revenues are up 4.5% for the year and expenses are running under budget. After
May completed her review, Committeemember Bennett asked for a report on the percentage of parks
and recreation costs paid from fees. Miller explained that costs of maintaining parks, etc. are not
covered by fees. McFall responded that the information will be provided to Committeemember
Bennett. Bennett asked for a clarification of the capital improvements at the golf course and how
much of the fee increase revenue was available after the refinancing of the bonds, etc. Miller noted
that the bad winter, discount for city residents, and closure of the driving range all impacted revenue.
She stated that as the fee increase began in April, this year will be easier to track. During further
discussion, Brent McFall noted that after the bad spring, etc., it is necessary to be careful not to
commit to major projects without the supporting revenue stream although it is still important to
properly maintain the facility. He said that the information will be brought back to the Committee.
Accounting of the golf course expenses was discussed with Miller recommending a report breaking
out the contracting expense from general expenses of the golf course.
Added Item: S.S.M.D. Contract Renewal
Jim Bennett asked to add an item related to the golf course contract extension or denial. Bennett
read a statement requesting the City to move forward on a contract with S.S.M.D. at Riverbend Golf
Course and outlining the need for stability at the golf course and Mr. Stone's willingness to work any
problems out with the city, and asked the Operations Committee to consider this issue since it has
been bottled up in the Parks Committee. After reading his statement, Bennett commented that he
has been tracking other management companies for golf courses in the area. He noted that this group
puts in a lot of hours and asked to turn over the floor to S.S.M.D. Chair Johnson stated that he was
familiar with the issue of whether or not the contract should be continued but questioned whether
it was more appropriate to be discussed at the Parks Committee. He added that he would also like
to have it as a scheduled item rather than an added item. Orr stated that she didn't have a problem
with discussing it at this Committee as she is very interested in what happens and getting it resolved
as soon possible. She noted that the contract has another year and a half and she felt it was important
the issue be addressed before the final weeks of the contract. Orr stated that she didn't think any
action was being requested at this meeting and that she wasn't sure where the item was procedurally
in the Parks Committee. Johnson suggested that the item be scheduled for the next Operations
Committee meeting with the Parks staff and contractor present. Bennett suggested that if the
Committee would like to hear anything Mr. Stone had to share with the Committee that could be
reviewed between now and the next meeting. Chair Johnson agreed to this.
Mr. Stone introduced two members of his staff who have played an integral part: Marcia McCreight,
one of his longest employees of almost three years in operations and Purcell Johnson his special
assistant who acts primarily as the marketing manager who handled the Lenny Wilkens Tournament
Paae 2
OPERATIONS COMMITTEE
MIND ES MAY 1 S,F 19961 CONT
last year which was quite successful. Stone gave a brief review of his previous business perspective
of working to help develop small businesses. He noted that there have been a number of problems
but has been dedicated to looking for solutions and that he and his investors have managed to do
slightly better than break even. During further comments Stone stated that he would like to have a
chance to get a return on their investment and that no public golf course is equal to Kent's. He
stressed the importance of making the course better to keep the patronage of the public.
Mr. Stone shared architectural sketches with the Committee proposing the addition of a multi-service
center at the driving range to address the equipment needs of the driving range users and provide
services to the driving range, and mini-putt. The plan would also provide additional parking and
utilize the existing Par 3 facility as an interim banquet facility. He stated he would like to work with
John Hodgson and Pete Peterson on this and that preliminary estimates look as though S.S.M.D.
would be able to provide the financing and work with the city for cost recovery. Stone explained
that the next plan would be to work on the existing 18 hole building piggyback a restaurant with an
outside balcony over viewing the golf course. The bottom floor would be used as a permanent
ballroom to replace the space leased previously for tournaments that it is no longer available. Mr.
Stone distributed letters of support and voiced his gratefulness for Jim Bennett's concern. After
stating his enjoyment working with the city,he handed out a list of accomplishments to give an idea
of the number of things that needed to be done. Stone reviewed the history of the current contract
and asked Marcia McCreight and Purcell Johnson to make a few comments. Ms. McCreight noted
the improvements in merchandising throughout the facilities and the recent affiliation with EWG a
national women's golfing association. Mr. Purcell Johnson stated that Riverbend is an excellent golf
course that people didn't know about. After noting the various high qualities, Mr. Johnson stated
that the next step should be an outreach program and the addition of banquet facilities. Mr. Stone
thanked the Committee for the opportunity. Committee Chair Johnson stated that he would confer
with the Parks Committee Chair on this item.
Committee Chair Johnson asked if there was any further business to be heard, there being none he
adjourned the meeting at 5:46 p.m.
Page 3
OPERATIONS COMMITTEE
MINUTES JUNE 511996
COMMITTEE MEMBERS PRESENT: Jon Johnson - Chair, Leona Orr
STAFF PRE SENT: Tom Brubaker,Jim Huntington, Brent McFall,May Miller, Kelli O'Donnell,
Sue Viseth
MEMBERS OF THE PUBLIC: Dick King
Committee Chair Johnson called the meeting to order at 4:35 P.M.
Approval of Vouchers: All claims for the periods ending May 15, 1996, and May 31, 1996, in the
amounts of$2,097,118.98 and $1,989,598.99 respectively were approved for payment.
Resolution Supporting Natural Medicine Clinic
Director of Operations Brent McFall noted that this item had been discussed at the previous
Operations Committee meeting and had been revised to support the location of the facility in Kent
as discussed. McFall recommended that the resolution be recommended to Council.
Committeemember Orr moved to recommend the adoption of the proposed resolution supporting
the selection of Kent as the site for the Natural Medicine Public Health Clinic proposal. Jon Johnson
seconded the motion which passed unanimously.
Councilmanic Bond. Issue: Draft Ordinance & Authorization to Sign the Bond Purchase
Contract
Director of Finance May Miller stated her excitement in bringing the bond proposal to the
Committee. She explained that staff has been working on proposing the most cost effective bond
proposal possible. Miller explained that this bond issue would support four projects: the Centennial
Building purchase with a portion issued as taxable; park land and facilities purchase as identified in
the Comprehensive Plan -- primarily in the East Hill to address the annexation park needs for land
acquisition and the purchase of a historic home on Scenic Hill; a piece of the street project on 240th
Street, also a result of the annexation, King County has agreed to do the project if the City will pay
our portion; and, $8.2 million of the $12 million drainage lagoon project. Dick King of Lehman
Brothers distributed a summary of the exact figures for each portion. King explained the need for
issuing tax exempt and taxable bonds on the Centennial building as a portion will be leased for non-
Qovernment use. He noted that the issuance cost is estimated at this time and expected to be lower
when issued. May Miller explained that no new funds or taxes will be needed to pay the debt service
and reviewed the funding of each portion. Dick King pointed out that the last page of the handout
was a summary of the A-non-taxable bonds and B-taxable bonds with the prior pages showing the
individual debt service. Brent McFall stated that the bonds will be priced on June 17 to go to the
June 18 Council meeting for final approval.
Dick King reported that he had went to San Francisco last week to meet with Moody's and Standard
& Poor's to make a presentation on improving the City of Kent's bond rating. Brent McFall, Don
Wickstrom, and May Miller helped make the presentation and questions are still being responded
to. Mr. King complimented staff on the presentation. May Miller stated that she would like to share
the information with the committee in the future. May explained that revenue bonds are normally
purchased for drainage issues but the requirements would have cost more and this approach will save
interest costs for the rate payers. Leona Orr expressed her appreciation for the hard work and efforts
to make these improvements for the future of Kent. Jon Johnson asked if this was the biggest bond
OPERATIONS COMMITTEE
MI 7TF__ TT TNF. S, 11�XA)NZ
issue. Miller responded that it was the largest since she has been here and was pleased it would be
tax neutral. Jon Johnson thanked Dick King for their assistance. Orr moved to recommend the City
Council adoption of the Bond Ordinance as presented, and further recommend that the Mayor be
authorized to sign the Bond Purchase Contract. Jon Johnson seconded the motion which passed
unanimously.
Miller noted that she would be bringing the budget, etc. for operating the Centennial Building to the
next Committee meeting. McFall clarified that the normal routine would be to contact
Committeemember Bennett and with his concurrence put the item on the Consent Calendar. McFall
recommended that the item be put on the agenda under Other Business as the numbers will be
finalized that night. Johnson agreed with his recommendation.
Voucher Aucliting/Aygroval:
Committee Secretary Kelli O'Donnell noted that the vouchers are printed on or about the 15th of the
month and the last business day of the month. Since the Committee has changed meeting dates to
the first and third Wednesday, more flexibility has been needed to audit and approve the vouchers.
She asked the Committeemembers to continue to watch their agendas for audit/approval information.
Committee Chair Johnson asked if the meeting schedule was working for the Committee Members
Orr replied it was working for her. Johnson asked Kelli to check with Bennett.
April Financial Report
May Miller distributed the April Financial Report and reviewed it with the Committee. During her
report Miller noted that the General Fund Revenues are 8.8% over budget but expected to go back
to around 4% in May. Sales tax was reported to be up 3.6% through May including the RJC and
5.4%without the RJC. May reported that retail and wholesale have accounted for over half of sales
tax received. In reviewing the utility tares on page 13, May noted that telephone is the major growth
area due to all the new services offered. In reviewing the recreation fees, McFall noted that the
impacts of the bad weather are being felt. Regular team games were rescheduled, but tournaments
were cancelled and revenue lost. During further review, May noted that the golf operating revenues
are way down due to April and May being so wet. The Sonics have also had a negative impact.
With revenue being down $189,000 there is a possibility of recovery if the weather holds in
September and October. May finished her review of the April Financial Report.
Mav distributed a handout answering the questions asked at the last Operations Committee meeting.
She explained that for all parks and recreation expenses, revenue covers 32.5% but when the
maintenance of all the city's parks is taken out over 45% of expenses are recovered. McFall added
that most cities shoot for 30% coverage of programs, we are pretty healthy at 45%. In responding
to the green fees increase and what did we do with the money from the increase, May referred to the
second page of the handout and noted that $46,000 was collected in 1994 and $26,000 was collected
in 1995. She explained the decline has been the result of offering resident discounts compounded
by a significant loss of rounds played. Minor capital projects have been done but $76,000 does not
go very far. The third question May responded to was the use of the golf buy out funds. May
explained that$160,000 had been earmarked and all of it was spent except for$3,500 which was put
back into the golf operating funds to purchase some more trees and buy more cushioning. May
explained that the final question asked was the expenditures for management fees versus general
Page 2
OPERATIONS COMMITTEE
MINI_LTE_S T T TNTP 5 - Q�6-, C0NT
expenses. May shared a report reviewed with the Golf Advisory Board every month which breaks
out the management fees. She explained that the fee is a set amount added to a percentage of
specific types of revenues. If the revenue is up the fee is up, when revenue goes down the fee
decreases. She noted that revenue is down mostly in the 18 hole and 19 hole because rounds of golf
are down as outlined in the report. Competition is up due to new driving ranges and new courses.
The driving range is significantly down and if the trend continues is projected to be down $133,000
for the year. A discussion followed of the new driving ranges in the area. Miller noted our course
is beautiful and well maintained. A promotional highlighting the courses 30th anniversary is
planned. She stated that revenues at the golf course will be watched carefully.
Jon Johnson asked if the new debt projections will have a positive cash position. May noted that the
Centennial has been projected out for the full 30 years and drainage and sewer have been projected
out for 20 years separately. McFall showed a graph of the Centennial Center income which
demonstrated that income received in the second and third year will meet the expenses and than
move up to a healthy cash flow which will be reduced slightly by maintenance expenses. Miller
reviewed a graph showing all of the city's debt projected for the future. McFall pointed out that the
voted debt issues will be distributed to the annexations which will dramatically reduce the rates per
property owner. Miller noted that the voted bonds provide for senior housing and public safety
which are available to all city residents.
Committee Chair Johnson asked if there was any other business to be heard. There being none the
meeting was adjourned at 5:30 p.m.
Page 3
CITY OF 1\LrD ,
CITY COUNCIL PLANNING COMMITTEE MINUTJAm White, Mayor
May 21, 1 4:00 PM
Committee Members Present Other City Staff
Leona Orr, Chair Other Guests
Jon Johnson
Tim Clark Rodger Anderson
Dave Daniels
Planning Staff Kavia Jordan
Elsy Rust
Jim Harris Jim Rust
Fred Satterstrom Kathy Larson
Margaret Porter Sam Paffile
Carolyn Sundvall Mike Rossotto
Lin Houston
Citv Attomev's Office
Laurie Evezich
1997 COMNUJNITY DEVELOPNIENT BLOCK GRANT (CDBG) FUNDING LEVELS - (C
Sundvall
Planner Carolyn Sundvall explained the 1997 CDBG Funding Levels as indicated in the agenda packet.
On April 2, 1996, the City Council elected to remain part of the King County Consortium and to
receive pass-through funds. The 1997 estimate of $450,256 is approximately S13,706 more than the
City received for its 1996 program. The estimate at this time is based on the U.S. Department of
Housing and Urban Development's (HUD) proposed 1997 budget. The estimated amount may increase
or decrease due to changes in the entitlement, program income and recaptured funds.
Also, Carolyn stated that Local CDBG Program Strategies for 1996 - 1999, that form the basis for
decisions pertaining to the allocation of CDBG funds in the City of Kent, were adopted by
Council in 1995. There are no amendments to the strategies at this time. Staff requested that
the following actions be approved:
1. Allocate the City's maximum available of 1997 CDBG funds for Public (Human)
Services ($72,925).
2. Allocate the City's maximum available of 1997 CDBG funds for Planning and
Administration ($63,933).
3. Forward this recommendation to the full City Council for consideration at its June 4,
1996 meeting.
Council member Jon Johnson MOVED and Council member Tim Clark SECONDED a motion
to approve the aforementioned three(3) actions. Motion carried.
220 Jih AVG.SO., /KEST.W:\SIIINGTUN 9N111?-599S/TELEPHONE ('_06,,N59-1100/PAX k 459-1134
CITY COUNCIL PLANNING COMMITTEE MINUTES
MAY 21, 1996
PAGE 2
DISPOSITION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AUDIT
CONDITION - (L. Houston)
Human Services Manager Lin Houston explained the situation as indicated in the memo in the
agenda packet. During the recent audit of the 1995 CDBG Program, the state auditor
determined that we had an unallowable cost of$984 in our equipment rental costs for the home
repair program. Through the 1995 Home Repair Program, the Planning Department used the
1995 CDBG funds to pay for the rental of a van which is used in the CDBG's home repair
program. The portion of the monthly equipment rental charges which the auditor determined
cannot be paid for with CDBG funds is the inflation component. The remainder of the costs are
allowable charges to CDBG. Since King County is our grantor of these funds, the disposition
of these unallowable charges is between King County and the City of Kent. We have been in
communication with King County staff, and they have informed us that the $984 does have to
be reimbursed to the CDBG fund. King County and staff have agreed this is the best method
to resolve the situation and this will not financially impact the City. Staff has reviewed the
programs funded with 1996 general fund human services dollars and has identified a project
which is also CDBG-eligible. This is the Community Health Center's Health Services program.
Staff requested that the following actions be approved:
1. Authorize taking $984 of general fund dollars from the 1996 Community Health Center's
Health Services Program, and cut a check for this amount to the King County CDBG
fund.
2. Specify that this $984 check should be earmarked to Kent's 1996 CDBG pass-through
allocation.
3. Specify that this $984 of additional 1996 pass-through dollars should be allocated back
to the Community Health Center's CDBG Community Health Services Program.
4. Forward this recommendation to the full City Council for consideration at its June 4,
1996 meeting.
Council member Tim Clark 1✓IOVED and Council member Jon Johnson SECONDED a motion
to approve the aforementioned four(4) actions. Motion carried.
ISSUE REGARDING A REQUIRED FENCE - (L Orr.)
Mr. Jim Rust, 8619 S. 218th Street, Kent, WA, stated he has a new neighbor who built a new
warehouse. It was Mr. Rust's understanding that a fence was to be put up along their property
lines. The fence has not been put up yet and he would like to know why. Mr. Rust stated the
warehouse is on 288th Place and Mr. Rust's pasture abuts the warehouse. Jim Harris, the
Planning Director, said the Planning Department would research the record and determine what
is suppose to happen there. The Committee and staff will report back to Mr. Rust. If this item
CITY COUNCIL PLANNING COMMITTEE MINUTES
MAY 21, 1996
PAGE 3
is better to be handled at the Public Works Committee, we will get this item to the proper
Committee to be dealt with.
ADDED ITEMS:
SOUTH KING COUNTY HOUSING FORUM - PRESENTATION BY MICHAEL
ROSSOTTO
Lin Houston introduced, Mr. Michael Rossotto, the South King County Housing Forum
Coordinator, 107 Pine Street, Seattle, WA 98101, who came to give an update to the
Committee about affordable housing. In April of last year, the Kent City Council made a
motion for the City to participate with other south county cities in exploring a mechanism for
addressing affordable housing and explore some options for affordable housing.
Since the last presentation, Mr. Rossotto said they have been working on putting together a
package that could be presented to communities to show options on how communities can work
together on affordable housing throughout the south county. In this process, there have been
ongoing meetings and a Regional Cooperation group have been addressing what kinds of issues
are really pertinent to the local communities such as resources, time, and staffing.
He presented an up-to-date slide show with current statistics about housing. Mr. Rossotto passed
out a briefing packet which included a draft resolution; a question and answer sheet called A
Regional Housing Entitv for South King County, which states the overall Goal; a summary sheet
providing the following information: Mission statement, a list of Task Forces, a Focus on
Housing that Works for South King County, History and Activities, and Funding; a reported
called Housina that Works in South King Countv from the SKCHF dated August 1995; and a
booklet entitled Housing Affordabilitv in South King County, A Fact Book prepared by the
Seattle - King County Housing Consortium for the South King County Housing Forum dated
October 1, 1994.
Mr. Rossotto briefly went over the goal which is to "Obtain agreement from at least three South
King County cities to sign an interlocal agreement forming a regional entity for low and
moderate income housing in South King County by the end of 1996". The Forum is at a point
in drafting language for a resolution for consideration by the Kent City Council for approval,
which would basically authorize the City of Kent to work with other south King County cities
to develop a draft interlocal agreement creating a regional mechanism to address South County
housing needs and issues.
Chair Orr stated that perhaps a City Council Workshop be set up in the next month or so to get
the entire Council up to speed on this issue and move forward in finding a way to participate
and getting this into the City's budget process. The Committee agreed that a Council Workshop
needs to be set up (possibly July 2nd) and specifically Tim Clark requested that the history and
background on this issue be presented at this Workshop. They would like Mike Rossotto to give
a presentation to the full Council on this issue. Chair Orr stated she anticipates that after the
CITY COUNCIL PLANNING COMMITTEE MINUTES
MAY 21, 1996
PAGE 4
Workshop the Council could take action in about month after at a Council meeting. Chair Orr
thanked Mr. Rossotto for coming to the meeting and for his presentation.
ADJOURNMENT
The meeting adjourned at 4:58 p.m.
c:mp:pco52196.min
PUBLIC WORKS COMMITTEE
June 5, 1996
PRESENT: Tim Clark Don Wickstrom
Connie Epperly Tom Brubaker
Leona Orr Dan Kiefer
Gary Gill John Kiefer
Mr & Mrs Rust
ABSENT: Judy Woods
Meadow Ri dize Elementary School Latecomer Agreement
Wickstrom explained that when the Kent School District built the Meadow Ridge Elementary School
on 108th Ave and SE 274th, they extended the sewer to the school site. As part of that, the School
District has requested a latecomer charge on the sewer extension for which the total costs of said
extension was $106,000. He said even with the latecomer charge, the School District will not recoup
the entire amount. Wickstrom requested authorization to sign the latecomer agreement which will
allow them to collect latecomer charges on portions of that sewer. In response to Clark, Wickstrom
noted that this is typical of any new development. They have the right to make the request and the
City has the option to say yes or no. Wickstrom explained there are several existing properties that
will have free connections from this extension. As such, this agreement relates to connections over
and above those.
Dan Kiefer, a property owner fronting the sewer extension stated that his property was designed for
a septic system. He noted that from a property owner's point of view, they do not need that sewer
line and feel no advantage can be taken from it. Kiefer said that in talking with the School District,
the property owners were not informed of any charges. He feels that it is unfair for property owners
to pay a charge in lieu of assessment for the upsizing of the sewer line which is a result of the sewer
extension for the school. Kiefer feels it is also unfair to expect a few property owners to help the
School District recoup $106,000.00. Wickstrom stated that the School District is not recouping all
of the costs. The cost per new connection is $7,000 and an existing lot will have no charge. He said
the school district will only be recouping about $56,000. He said that the City looked at what would
be a reasonable number of lots without having to go thru alot of expense and that is, the subdivision
of 4 lots or less. Wickstrom said the charge in lieu of assessment is based on an analysis of the
number of lots that could be created and take direct service of the sewer extension.
Wickstrom noted that a clarification needs to be made in the Agreement with reference to costs per
lot for those properties that are subdividable. It should read, "$7,102.IS per connection up to the
$21,306.52".
Committee unanimously recommended that the Public Works Director be authorized to sign a
Sanitary Sewer Latecomer Agreement with the Kent School District and also, clarify that Exhibit 'A'
of the agreement should read, "$7,102.18 per connection not to exceed $21,306.52 for those
appropriate subdividable parcels.
1
King_Coun1y Grant Agreement - Recvclin
Wickstrom said we have received a grant for $36,491.00 for special recycling events that are held
twice yearly. We are requesting authorization for the Mayor to sign the agreement and establish a
budget for this grant.
Committee unanimously recommended authorization for the Mayor to sign the grant agreement and
direct staff to accept the grant and establish a budget for $36,491.00.
Don't Drink and Drive Siens
Wickstrom said the Public Works Dept has received a request from the Drinking Driving Task Force
to install "Please Don't Drink & Drive" signs. We will be going ahead with their request and we
wanted the Committee to be aware of this. In response to Leona Orr, Wickstrom said that because
of our maintenance responsibility, these signs will remain up for one year only.
Added item:
Condemnation two parcels on West Valley Highway (West side of W V.Highway and North of
272nd
Wickstrom explained that along West Valley Highway there is an old 18" drainage pipe constructed
a number of years ago by the farmers, which is not working. At any heavy rainfall, the west side of
the road becomes a "lake" and overtops the road and that's why West Valley has been closed so much
over the past year. Wickstrom said we are proposing to replace the old 18" pipe, no upsizing,just
get it back into operation. He said we have approached the two property owners involved and they
are not willing to grant us any easement. The problem is, if we don't do anything we will loose the
road which could potentially cost hundreds of thousands of dollars to fix. We are continuing to
negotiate with the property owners but we need authorization to proceed with condemnation.
Wickstrom stated this side of the road is in the County and is connected to Mill Creek, which is fish
bearing. As such, we will be involved with the County and Fisheries for permits.
Committee unanimously recommended that the City Attorney be directed to prepare a Condemnation
Ordinance and authorize condemnation on these two properties.
As an information item Wickstrom mentioned the Burlington Northern/Sante Fe merger and the
Stampede Pass issue. He noted there was an article in the newspaper about the Union
Pacific/Southern Pacific merger which would create the largest railroad in the nation; 35,000 miles
of track. There would be a substantial savings to the user in terms of cutting their user fee. He said
we can anticipate more use of the Union Pacific routes with this merger in the future. As such, we
may be coming directly to Council for some action which acknowledges our concern about the
potential for increased rail traffic and resulting blockage of our at-grade road crossing. ,
Meeting adjourned: 4:30 P.M.
2