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City Council Meeting - Council - Agenda - 12/10/1996
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F .i.:... :. ..jfi'si.-+t. .t,,. i �,,y 3? �v it "t. , a w etatfaallSaMNnw ����ASlaal�a CITY OF MBIT 9 SUMMARY AGENDA Mayor Jim white KENT CITY COUNCIL MEETING December 10, 1996 Council Chambers 7: 00 p.m. MAYOR: Jim White COUNCILMEMBERS: Christi Houser, President Jim Bennett Tim Clark Connie Epperly Jon Johnson Leona Orr Judy Woods CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS „A. Introduction of Mayors Appointees _-a. Employee of the Month -C. Regional Justice Center Update 2. PUBLIC HEARINGS None 3 . CONSENT CALENDAR rA Approval of Minutes B: Approval of Bills 1996 Budget Adjustment Ordinance and CDBG Line of Credit - Approval -D. Single Family Residential Zoning District Regulations ZCA-96-6 - Ordinance -M: Public Defenders Contract - Approval -F. Stillwater Shadows Final Plat FSU-96-23 - Set Meeting Date -G-. Human Services Commission - Appointments and Reappointment -IV. Council Absences - Houser and Clark -1. 1997 Safety Awards Program - Renewal J. Workers' Compensation Claims Handling - Approval ,Y- Accounts Receivable Write-Off - Approval 1996-97 "Working Together" Drug Elimination Grant Contract - Approval D4: Amendment to Jail Services Contract with the City of Normandy Park - Approval Tattooing of Minors - Approval of Code Amendment - Ordinance -0- Adopt-A-Park Revenue - Accept and Establish Budget -P Sale of Surplus House - Accept and Establish Budget for Revenue Plan Sales - Accept and Establish Budget for Revenue �. Russell Road Pump Project - Accept as Complete S: Skate Park Construction - Accept as Complete Tudor Square/Slaughter House Demolition Project - Accept as Complete it". Skate Park Fence Project - Accept as Complete _ Russell Road Fence Project - Accept as Complete W: Soos Creek Water and Sewer District Proposed Annexation P-341 Petition - Authorization to Sign ,X: Parking Ordinance - Adoption .Y. Lease Agreement - City and South Valley Associates - Authorization CITY OFJ J�f 11 SUMMARY AGENDA layor Jim White CONTINUED 4 . OTHER BUSINESS ,iA. LID 345 - S. 218th Street Improvements - Bond Sale - ordinance and Purchase Agreement --B. Canyon Crest Estates Final Plat FSU-94-6 -e- 12 f 5 . BIDS A. Centennial Center Custodial Services -B. Centennial Center Tenant Improvements I6. CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSIONS- Labor Negotiations 8 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587 . PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Introduction of Mayor' s Appointees B) Employee of the Month C) Regional Justice Center Update CONSENT CALENDAR 3 . City Council Action: Councilmember Pni\ moves Councilmember Councilmember—i L� seconds that Consent Calendar Items A through X be approved. Discussion 1 Action 3A. Approval of Minutes. Approval of the minutes of the special Council meeting of November 261. 1996. 3B. AQproval of Bills. Approval of payment of the bills received through November 27 and paid on November 15 and November 27, after auditing by the Operations Committee on December 4 , 1996. Approval of checks issued for vouchers: Date Check Numbers Amount 11/15/96 176256-176801 $2 , 697 ,259. 62 11/27/96 176802-177274 $2 , 335, 455. 14 Approval of checks issued for payroll for November 1 through November 15 and paid on November 20, 1996: Date Check Numbers Amount 11/20/96 Checks 215709-216019 $ 251, 062 . 29 11/20/96 Advices 39565-40027 611, 653 .47 $ 862 ,715.76 Council Agenda Item No. 3 A-B Kent, Washington November 26, 1996 A Special meeting of the Kent City Council (rescheduled after cancellation of the November 19th meeting due to weather conditions) was called to order at 7: 00 p.m. by Mayor White. Present: Councilmembers Bennett, Epperly, Houser, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, Assistant City Attorney Brubaker, Police Chief Crawford, Fire Chief Angelo, Planning Director Harris, Parks Director Hodgson, Finance Director Miller, and Human Resources Director Viseth. Councilmember Clark was not present. Approximately 25 people were at the meeting. PUBLIC Introduction of Mayor's Appointees. Mayor White COMMUNICATIONS introduced his appointees Paul Hammerschmidt to the Transit Advisory Board, Mary Jene Heineman to the Library Board, and Rev. Ray Morrison to the Human Services Commission. Education Day. Mayor White read a proclamation declaring November 21, 1996, as Education Day in the City of Kent. He noted that a quality public education system is vitally important to the well-being of a city--to its quality of life, its economic vitality, the safety and security of its neighborhoods, and the future of its children. He encouraged citizens to recognize and appre- ciate the importance of a quality public education system and to continue to make every effort to support the public schools. Ms. Gwen Dupree, Assistant Superintendent for Secondary Education, was present to accept the proclama- tion. She noted that the School Board and Superintendent Hager applaud the City for its support because without it the schools wouldn't be as good as they are currently. Regional Justice Center Update. Mayor White explained that the staff from the King County Regional Justice Center couldn't be present tonight to give their update. He then dis- tributed the monthly updates to the Council. Task Force Report on School Impact Fees. Mayor White introduced Tom Wood, Rodger Anderson, and Gary Young, who served as members on the Task Force studying school impact fees and their effect on housing costs. Wood noted that Kathy Larson from Puget Power, who chaired the Task Force, was unable to attend tonight' s meeting. He then distributed to the Council the Task Force Report dated October, 1996. 1 November 26, 1996 PUBLIC Tom Wood, from the Kent Chamber of Commerce, COMMUNICATIONS explained that the Task Force Committee met throughout the summer and arrived at the con- clusion that school impact fees are a factor in increasing housing costs. He noted that a consensus was obtained from a diverse group of people who feel, as the Task Force, that school impact fees should be eliminated or significantly reduced through reduction of school construction costs and/or implementation of alternative funding sources. He noted, however, that the Task Force feels more strongly that school funding levels must be maintained until reduc- tions in cost and/or alternative funding sources can be found. He further noted that the Task Force Report identifies different ways for reducing school construction costs and in making housing more affordable. Rodger Anderson, from the Seattle-King County Association of Realtors, explained the Task Force recommendations to the Council. He reiterated that the Task Force's general recommendation is to eliminate or significantly reduce school impact fees through a reduction in school construction costs and/or implementation of alternative funding sources. He noted that recommendations have been forwarded on to the State Legislature and to the City of Kent. Anderson explained that the five important recommendations which were forwarded on to the State Legislature are as follows: 1) School codes and inspections should be standardized; 2) The control of school construction should be shifted to local school boards for more flexi- bility; 3) The State Board of Education should be encouraged to allow flexibility in student funding ratios to allow partnering between school districts and other entities, such as the City and the County, when building facilities; 4) Exempt school districts from paying sales tax on capital construction; 5) Redistribute state funds collected for school construction so that cities which educate proportionately more students, i.e. Kent, receive their fair share. Anderson noted that the Task Force also urged the City to: 1) develop a process to collect impact fees upon completion of construction before 2 November 26, 1996 PUBLIC allowing occupancy; 2) modify its parking re- COMMUNICATIONS quirements for schools based on use, with a recent example from the Neely-O'Brien Elementary School which is included in the report submitted by the Task Force to the Council; and 3) modify code requirements for schools to reduce costs. Anderson explained that there are no easy answers to the school impact issue but that, in order for all this to happen, the Chamber of Commerce needs to take the lead in reaching out and partnering with other groups. He noted that the following are the Task Force's action recommendations to the State Legislature and to the City: 1) partner with other groups, e.g. cities, education associations, chambers, etc. , when working on the issues identified in the Task Force's report; 2) conduct a legislative brief- ing for the State delegation regarding these issues; 3) a new task force will be given the charge to explore alternative funding sources to reduce impact fees on new construction and con- sider exemptions from the fees. The new task force would also consider the recommendations of the current Task Force. He urged the City Council to seriously consider the Task Force' s recommendations and that the City can be assured the Chamber of Commerce will be working very closely with the City to make these things happen. He thanked Barbara Ivanov, Chamber of Commerce, and Kathy Larson, Puget Power, for putting the recommendations together. Gary Young, from Polygon Northwest, noted that the school impact fee issue was a very difficult one to deal with but that there were many posi- tive things which came to bear and are reflected in the Task Force report. He noted that the most significant step is the action and implementa- tion, and that a copy of the report has been forwarded to Gary Locke because the State issues are a critical part of the solution to this issue. He expressed that the Task Force recom- mendation, when addressed on a State level, will probably bring some very positive things because a healthy housing economy and a housing situation is very much needed with impact fees causing a real problem. He encouraged and asked for the Council's support to the State Legislators so that this report can be carried forward with 3 November 26, 1996 PUBLIC implementation and hopefully positive results for COMMUNICATIONS everyone. Mayor White thanked everyone involved in bringing this report to the City and for participating in the process. He directed Mr. Harris and staff to take a look at these recommendations, come back to Council to see how the City can work through these recommendations and possibly alleviate some of the regulations. Special Presentation. Mayor White noted that Mr. McFall has been honored by the Executive Board of the International City/County Management Association for twenty years of service in local government. He noted that J. Brent McFall is recognized for significant contributions and achievements in the advancement of local govern- ment administration. The Mayor then presented Mr. McFall with the certificate and congratulated him for this accomplishment. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through R be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 5, 1996. LEASE (CONSENT CALENDAR - ITEM 3F) POLICY Centennial Center Lease Policy. ADOPTION of Resolution No. 1486 setting out policy regarding authority to enter into leases with tenants at the Centennial Center. BUDGET (PUBLIC HEARINGS - ITEM 2A) 1997 Budget. The public hearing on the 1997 Budget has been continued to this date. The 1997 Budget totals approximately $91, 233 , 825 and the Budget is in balance with no rate increase. Finance Director Miller explained that the budget process includes an open process, and that three public hearings have been held (including tonight's meeting) , two Council workshops, and meetings with the Operations Committee. She noted that the Operations Committee met on November 13th to review the budget and that they unanimously recommended the budget be forwarded to the full Council for adoption tonight. 4 November 26, 1996 BUDGET Miller noted that the budget is a hold-the-line one with no rate increases except the drainage rate increase which was approved in 1995, and that this is the second year of a three year rate increase for drainage. She also explained that the budget was out-of-balance in the general fund by $1, 000, 000 this year due to the manufactur- ing sales tax exemption, but that a plan was developed which would defer some of the capital and put an optional budget in place so that if the sales tax loss doesn't come to what was projected the City would have some capital. Miller noted that the budget includes money to increase the City's reserve account adding another $603 , 000. 00 to bring it up to an all time high of $3 . 1 million. She explained that an effort was made to keep down the on-going costs, hold the line, keep the staffing level very tight, and add to the capital costs for computers and other automation things to aid the staff in being as efficient as possible. She noted that the budget plans for a Councilmanic Bond Issue in late Spring or early Summer for a telephone upgrade and some computers but that it will be coming back to the Council at a later date with the amounts and request for approval. Miller explained that the City hasn't received any new information on the tax levy which is up for adoption by the Council tonight, but that the Council just needs to adopt a dollar amount for now and if there are any changes it can be brought to the next Operations Committee meeting or adjusted in December with an emergency. adjustment. Mayor White opened the public hearing. There were no comments from the audience. HOUSER MOVED to close the public hearing. Orr seconded and the motion carried. JOHNSON MOVED to adopt Ordinance No. 3322 adopting the final 1997 Budget. Woods seconded and the motion carried. TAX LEVY (CONSENT CALENDAR - ITEM 3G) 1997 Tax Levy. ADOPTION of Ordinance No. 3323 establishing the tax levy for 1997 . At their November 61 1996 meeting, the Operations 5 November 26, 1996 TAX LEVY Committee recommended adoption of the ordinance establishing the tax levy for 1997 in the amount of $14,489, 025 for the general fund and $1, 850,707 for the debt service fund. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through October 31 and paid on October 31, 1996, after auditing by the Operations Committee on November 6, 1996. Approval of checks issued for vouchers: Date Check Numbers Amount 10/31/96 175609-176255 $2 ,274, 598 . 05 Approval of checks issued for payroll for October 1 through October 15, 1996 and paid on October 18, 1996: Date Check Numbers Amount 11/5/96 Checks 215392-215708 $ 250, 463 .71 11/5/96 Advices 39565-40027 584 , 444.46 $ 834 , 908 . 17 (CONSENT CALENDAR - ITEM 3E) LID Underwriter Contract and LID 345 Bond Sale. AUTHORIZATION for the Mayor to sign a three-year underwriter contract, with two one-year exten- sions, with Dain Bosworth Inc. , and AUTHORIZATION to proceed with Dain Bosworth Inc. ' s sale of approximately $781, 625 in LID bonds for LID 345. PARKING CODE (CONSENT CALENDAR - ITEM 3H) Parking Code Amendment. ADOPTION of Ordinance No. 3324 amending Chapter 9 . 38 of the Kent City Code relating to no parking zones, establishing new two-hour and thirty-minute parking zones and further authorizing the City's Facilities Manager to issue parking permits, as recommended by the Public Works Committee. TRAFFIC CONTROL (BIDS - ITEM 5A) SE 274th Way Hillclimb Section (Green River Road to 108th Avenue SE) Ground Improvements. Bid opening for this project was held on November 14th with 4 bids received. The low bid was submitted by Hayward Baker, Inc. of Santa Paula, California, in the amount of $117 , 500. The Engineer's estimate was $120, 000. 6 November 26, 1996 TRAFFIC CONTROL The project consists of ground improvements on approximately 1/2 acre of land by the alternate method of either Alternate I deep dynamic compaction, or Alternate II stone columns, for the preparation of the roadway bridge over the Green River. It is the recommendation of the Public Works Director that the SE 274th Way Hillclimb Section (Green River Road to 108th Ave. SE) Ground Improvements, Alternate II Stone Columns contract be awarded to Hayward Baker, Inc. for the bid amount of $117 , 500. HOUSER MOVED that the SE 274th Way Hillclimb Section (Green River Road to 108th Avenue SE) Ground Improvements, Alternate II Stone Columns contract be awarded to Hayward Baker, Inc. for the bid amount of $117 , 500. Woods seconded and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3I) Public Improvements Standard Specifications Code Amendment. ADOPTION of Ordinance No. 3325 revising Sections 6. 02 .010 and 6. 02 . 020 of the Kent City Code to incorporate the latest revision of the Washington State Specifications for Public Works projects, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3J) Meridian Asphalt Overlays. ACCEPT as complete the Meridian Asphalt Overlay contract with Lakeside Industries and release of retainage after State releases, as recommended by the Public Works Director. The original contract amount was $197 , 727 . The final construction cost was $179, 087 .99 . HEALTH & (CONSENT CALENDAR - ITEM 3K) SANITATION Green River Court Apartments. ACCEPTANCE of the bill of sale for the Green River Court Apartments submitted by Green River Court Apartments Limited Partnership for continuous operation and main- tenance of 92 feet of water main improvements, 301 feet of sanitary sewer and 195 feet of storm sewer improvements and release of bonds after the expiration period, as recommended by the Public Works Director. This project is located at 1401 West Meeker Street. 7 November 26, 1996 HEALTH & (CONSENT CALENDAR - ITEM 3L) SANITATION Park Court Apartments. ACCEPTANCE of the bill of sale for the Park Court Apartments submitted by Park Court Apartments Limited Partnership for continuous operation and maintenance of 192 feet of water main and 155 feet of storm sewer improvements and release of bonds after the expiration period, as recommended by the Public Works Director. This project is located at 24510 64th Avenue South. WATER (CONSENT CALENDAR - ITEM 3M) 98th Avenue Treatment Pond. ACCEPT as complete the 98th Avenue Regional Treatment/Detention Pond contract with Scoccolo Construction and release of retainage after State releases, as recommended by the Public Works Director. The original contract amount was $1, 487 ,750.27 . The final construction cost was $1, 502 , 435. 29 . WALKWAYS (CONSENT CALENDAR - ITEM 3N) Saar Street Vacation Fund STV-96-4. AUTHORIZATION for staff to receipt funds from the Saar St. Street Vacation into the School Pedestrian Walkway Fund (R36) to address school pedestrian facilities issues, as recommended by the Public Works Committee. HUMAN SERVICES (OTHER BUSINESS - ITEM 4A) Human Services Mitigation Consultant Contract. On October 1, 1996, the City Council authorized establishment of a budget of $200, 000 for RJC Human Services mitigation and approved expending these funds, which were received from King County. Staff sent out a Request for Proposal to study the human services impacts of the Regional Justice Center. Staff has interviewed and selected a consultant, All For A Good Cause, to do this phase of the project in the amount of $74 , 380. Orr explained that the Planning Committee meeting scheduled for last week to discuss this issue was cancelled due to weather, and that the Committee did not meet today so the item is coming to Council without a recommendation from the Planning Committee. Lin Houston, Housing and Human Services Manager, explained that in March, 1995, the City of Kent 8 November 26, 1996 HUMAN SERVICES and King County entered into a mitigation agree- ment to mitigate impacts of the Regional Justice Center (RJC) , and that Appendix C of that agree- ment pertained to the human services impact mitigation. She noted that the proposed con- sultant contract will study the impacts of the RJC on the non-profit human services delivery system, and will develop a methodology and data collection system for the agencies to measure the impact. She also noted that the study will enable the agencies to ask for compensation for services from funds that King County has set aside out of their inmate benefit fund to help mitigate the impacts shown which pertain to the RJC. She explained that Phase I will begin in early December with the conducting of an analysis, developing a methodology, and then will conclude in April; Phase II will be set up at the end of year one and year three to do a further analysis of the impacts and to identify any gaps in services to assess how the non-profit human services delivery system is serving the recipients of the RJC whether it be the inmates, staff, families, or any one that may have a relationship to the RJC. She reiterated that King County has provided money to the City for studying the impacts and that this money will be used for the consultant study. Ms. Houston agreed that the Planning Committee did not have an opportunity to vote on this issue last week, but that it was included in their agenda packet in October as an information only item, and that the Committee is aware of and has had a chance to review the proposed study. ORR MOVED that the Mayor be authorized to sign a contract with All For A Good Cause consultants in the amount of $74 , 380 . 00. Houser seconded. Johnson stated that he will not be supporting the motion because $74, 000 to conduct a study on what the potential impacts will be is excessive given the scope of work. He explained that the study will not give the city nor the providers the information needed to assess what the true impacts will be, and that the information will not be available until the RJC is up and running for a period of time. He expressed that he believes when the City entered into an agreement with King County and King County agreed to help 9 November 26, 1996 HUMAN SERVICES pay for mitigation regarding human services impacts that it was going to be specific dollars used to help off-set some of the additional costs the various providers would incur with the opening of the RJC. Orr noted that the proposal will begin very shortly but it continues through April, 2000; and even though it begins with some very preliminary identifying information and services needed, it continues on after the impacts develop so the City and agencies can see exactly what the impacts are and what agencies will be most impacted. She expressed that beginning ahead of time would be best because it would be very difficult to wait a full year to pass and then try to go back to pick up the pieces of those things that may or may not have happened. Woods informed the Council that the impact upon the non-profit providers of human services was one of the most contentious issues in the entire RJC process. She noted that King County didn't believe there would be any impact and that the service agencies were absolutely distraught with the prospect that online would come this enormous facility with the providing of a variety of much needed services and not consider what the impacts would be over time. She noted that the amount of money that King County has committed to do the study and provide some degree of support for the non-profit agencies is to some extent a token gesture. She noted that this was a horrendous issue and that there will be an analyzing at the end of one and three years in order to determine if there is a way to measure what kind of impact there will be, short term and long term. She urged the Council to proceed and vote in favor of this motion because without the study and with the reduction in Federal spending on human service provisions the City could be in deeper distress than could ever be imagined. Johnson again noted that it' s important to remember that there is no way of knowing what the impacts are going to be and that there is no way to measure them at this point in time. He stated that it would reduce the cost of the study to wait until the impacts are known after the RJC is opened. He also noted that it would be hard to 10 November 26, 1996 HUMAN SERVICES find and use data from other regional justice centers because there aren't any that he's aware of that have located in a suburban community, and that it would be hard to find a regional justice center across the country that has recently opened with the same exact or close defined circumstances which have occurred in this community. Orr reiterated that she firmly believes to be proactive is much better than to be reactive after a problem has occurred or an impact has happened. She noted that it is very important to begin the study now in order to obtain some idea of what agencies will be affected and how to help them in the best way possible, but to wait for the opening of the RJC and suddenly have tremen- dous impacts would create great trouble for the City. Houston stressed the necessity to start the study now and the importance of having a system already set up when the RJC opens so the agencies can begin to measure the impacts immediately. She noted that the consultant will work very closely with the agencies, will identify the agencies, the geographical boundaries of where the impacts will actually extend, and make sure that no agencies are missed that will have impacts. She explained that all agencies will be on the same sheet, collecting information in the same way, and that the system is set up so that it can be accurately identified. She noted that the study will lay the ground work for the information to be gathered, it will set the framework, and the consultants will be giving the agencies training to make sure that they are all online and have the same information on their intake forms so they are prepared to deal with clients on a daily basis. She noted that to wait to obtain needed information could cause such problems as getting all kinds of different information measured in different ways, it would be unclear, and unable to be used in a useful way to help analyze the impacts. She clarified that King County and the mitigation agreement had two pots of money to, first, help establish a framework and do the study; and, secondly, to reimburse the agencies for the impacts. 11 November 26, 1996 HUMAN SERVICES Bennett stated that it would make more sense to take the $75, 000 at the time that the impacts are in effect and use it toward the impacts rather than to study the impacts before knowing what they would be. Upon a roll call vote on Orr's motion that the Mayor be authorized to sign a contract with All For A Good Cause, Houser, Orr, and Woods voted aye; Bennett, Epperly, and Johnson voted nay. The tie was broken when the Mayor voted in favor, and the motion carried. ZONING CODE (OTHER BUSINESS - ITEM 4B) AMENDMENT Single Family Residential Zoning District Regulations ZCA-96-6. The proposed Zoning Code amendment was recommended by the Land Use and Planning Board to revise the current single family residential development standards. Fred Satterstrom, Planning Manager, noted that this is a housekeeping item. He explained that the City Council has made a couple of changes in the past year to the single-family development standards, and that the changes were made to make it easier to develop single-family homes in response to the plan that was passed in April, 1995 which called for more flexible development in single-family areas so that Kent' s future development could be single-family. He noted that Ordinance No. 3268 was adopted last year to modify some of the development standards for single-family such as reducing the lot size, etc, and that Ordinance No. 3290 was passed in April, 1996 which changed the names of the zoning districts and also specified a maximum permitted density. He stated that somewhere in the round- ing off process of 3 units per acre, converting the previous zoning to the new zoning, the maximum permitted density adversely affected smaller lots from subdividing and having the same development rights that they had prior to the zoning changes. He noted that the Plan calls for trying to infill in those situations and that the Planning Board made a recommendation the maximum permitted density be adjusted very slightly. He explained that the maximum permitted density in the SR-2 zone is simply 2 units to the acre but that the Land Use and Planning Board is proposing to carry it out two more digits past the decimal point to 2 . 18 . He noted that it gets to be a 12 November 26, 1996 ZONE CODE fine science calculating smaller lots and trying AMENDMENT to create one additional lot. Satterstrom explained that this change will probably not affect the rules for major developments because getting the maximum permitted density is a problem anyway, but the ordinance really comes in to play where the person is adversely affected. He clarified that this action will restore development rights which were previously enjoyed. ORR MOVED to approve the Kent Zoning Code Amendment (ZCA-96-6) to revise the current single family residential development standards as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. Epperly seconded and the motion carried. PLATS (CONSENT CALENDAR - ITEM 30) Canyon Crest Estates Final Plat FSU-96-6. Set December 10, 1996, as the date for a public meeting to consider a final plat application by Leroy Surveyors and Engineers. The preliminary subdivision was approved by King County and upon the Jones Hobbs annexation the final plat came under Kent' s jurisdiction. This plat is 9 . 44 acres in size, consists of 19 lots, and is located at 9612 S. 222nd Street. PARKS & (CONSENT CALENDAR - ITEM 3C) RECREATION Salt Air Hills Vista Park Master Plan. APPROVAL and ADOPTION of the master plan for Salt Air Hills Vista Park, as presented by Colie Hough of Hough, Beck & Baird Landscape Architects, and as approved at the Parks Committee meeting on November 5 , 1996. Several years ago the City purchased two acres from a King County Conservation Futures Grant to develop the Salt Air Hills site. Colie Hough- Beck of Hough, Beck & Baird was hired to develop a master plan of the park. Prior to master planning, a citizen advisory committee met twice and a public meeting was held to collect a list of the needs and wants of the community. A group of 30-35 neighbors participated. (CONSENT CALENDAR - ITEM 3D) 1997 city Art Plan Budget and 1997-2001 Five Year Art Plan. APPROVAL and ADOPTION of the annual budget for all City Art Program projects and the 13 November 26, 1996 PARKS & Five-Year Art Plan, as approved at the Parks RECREATION Committee meeting on November 5, 1996, and in compliance with the general procedures of the City Art Program (Ordinance No. 2552) . APPOINTMENTS (CONSENT CALENDAR - ITEM 3P) Transit Advisory Board. CONFIRMATION of the Mayor' s appointment of Paul Hammerschmidt to serve as a member of the Kent Transit Advisory Board. Mr. Hammerschmidt has been a resident of Kent for almost 10 years and is employed in Seattle. He also serves as an out of district volunteer with the Black Diamond Fire Department. Mr. Hammerschmidt will replace Jason Cooper. His term will become effective immediately and will continue to 4/30/98 . (CONSENT CALENDAR - ITEM 3Q) Library Board. CONFIRMATION of the Mayor' s appointment of Mary Jene Heineman to serve as a member of the Kent Library Board. Ms. Heineman is a resident of Kent and is a member of the Friends of the Library. She was a volunteer at the Kent Food Bank for a time and is a frequent user of the Kent Library. Ms. Heineman will replace Karen Jordan, who resigned. Her time will become effective immediately and will continue to 1/1/2000. (CONSENT CALENDAR - ITEM 3R) Human Services Commission. CONFIRMATION of the Mayor' s appointment of Rev. Ray Morrison to serve as a member of the Kent Human Services Commission. Rev. Morrison has served as Pastor at the Church of the Nazarene in Kent for the past two years. Before coming to Kent he served as the Pastor of the Nazarene Church in Olympia for 16 years. In his spare time, he enjoys outdoor activities such as camping and fishing and he and his wife have a small antique business in Kent. Rev. Morrison will replace Mac D. Culver, who resigned. His term will become effective immediately and will continue to 1/1/99 . REPORTS Council President. Houser reminded the Council about Suburban Cities on December llth and asked the Council to respond to Administration as soon as possible when faxes are sent to them. 14 November 26, 1996 REPORTS Operations Committee._ Johnson noted that the next Operations Committee meeting will be held next Wednesday at 4 : 30 p.m. Public Works Committee. Woods noted that the next meeting of the Public Works Committee will be held the 1st full week in January. Planning Committee. Orr noted that the next Mee will be held on December loth at 4 : 00 p.m. and that any items that were scheduled for the 11/19/96 meeting will be carried over to this meeting. Parks Committee. Woods noted that the next meeting of the Parks Committee will be held on 12/4/96 at 4 : 30 p.m. EXECUTIVE McFall informed the Council that an executive SESSION session had been scheduled for this meeting but that it is unnecessary because there is no action to report tonight. ADJOURNMENT The meeting was adjourned at 7 : 50 p.m. Donna Swaw Deputy City Clerk 15 Kent City Council Meeting Date December 10 1996 Category Consent Calendar 1. SUBJECT: 1996 BUDGET ADJUSTMENT ORDINANCE AND CDBG LINE OF CREDIT - APPROVAL 2 . SUMMARY STATEMENT: As recommended by the Operations Committee at their December 4 meeting, adoption of Ordinance No. , the technical budget adjustment ordinance for adjustments made between June 1, 1996 and December 31, 1996, totaling $43 , 761, 146; and approval of a line of credit in an amount not to exceed $150, 000 to cover Community Development Block Grant (CDBG) costs at year-end until they are reimbursed by King County. 3 . EXHIBITS: Memo from May Miller, Director of Finance, and draft ordinance 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Various - see ordinance 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3C Date: November'_'6. 1996 To: Operations Committee From: Mayene Miller, Finance Division Director Subj: Budget Adjustment Ordinance for Adjustments Made After June 1, 1996 H&CD Line of Credit Authorization is requested to approve the gross budget adjustment ordinance totaling $43,761,146 for budget adjustments made after June 1, 1996. This ordinance is primarily a housekeeping adjustment consolidating individual budget items into one adjusting ordinance. In past years this has been a single adjustment, but was split into two adjustments this year to better update department budgets and move away from such a complex adjustment at year end. Please note that $43,374,596 has been previously approved by Council. The sale of General Obligation bonds and the associated debt service for 1996 accounts for 535,033,166 of this amount. The bonds were used to purchase the Centennial Building and additional park land. as well as finance improvements on 240th Street and construction of the Valley Detention Basin. The remaining $8.341,430 is primarily for capital projects and to budget for the Centennial Building and Municipal Court in the new Facilities Fund. An additional $74.971 is expected to be approved by Council during the December 10th meeting. This includes a Bureau of Justice Block Grant received by the Police Department and several small donations and miscellaneous revenues for park projects. The balance of$311.579 has not been previously approved by Council. but must be approved to be in compliance with the State auditor's requirements. This amount includes $877.057 for budget corrections. primarily to adjust internal service budgets to more closely represent actual expenditures and reinstate Community Development Block Grant programs administered by King County. The budget corrections are offset by a reduction of$565.478 for miscellaneous other changes primarily due to elimination of the Before and After School program. reversal of the temporary budget established for the escrow deposit on the Centennial Building and a reduction in street capital projects. The attached pages show a detailed listing of these changes by fund, including council authorization dates for the amounts previously approved. In addition to the budget adjustments, a line of credit in an amount not to exceed 5150.000 is needed for housing and community development funds to cover the year-end expenditures until they are reimbursed by King County. Council Action: Approve the budget adjustment ordinance for adjustments made after June 1, 1996 totaling $43,761,146. Approve a line of credit in an amount not to exceed$150,000 to cover housing and community development costs at year-end until they are reimbursed by King County. ij ORDINANCE NO. i AN ORDINANCE of the City of Kent, Washington, amending the 1996 Budget for adjustments made since June 1, 1996 and authorizing an additional line of credit from the General Fund to the Housing and Community Development Fund (CDBG) to cover expenditures. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: I Section 1. The 1996 City budget is hereby amended to include budget fund i adjustments as follows: FUND BUD ET General Fund 217,246 Street Fund 41,295 Youth/Teen Fund 32,300 Capital Improvements (20-651) Criminal Justice 90.944 Environmental 57.973 Housing& Community Development 93.692 Other Operating Projects 290,866 Councilmanic Debt Service 744,140 Street Capital Project 3.580,964 Park Capital Project 6,169,637 Other Capital Project 267.099 Water 26.584 Sewerage 18.717.145 Equipment Rental 145.150 Central Services (1.815.785) 1996 Budget �i 1 Facilities Fund 14.857 172 265.075 Insurance Total Gross Budget $ 43,761,146 I Less: Internal Service Funds (208,587) Other Transfers (870,585) Internal Transfers (9,309,781) $10,388,953) TOTAL BUDGET $ 33.372.193 SECTION 2. Authorization of a line of credit from the General Fund to the Housing and Community Development Fund (CD13G) in an amount not to exceed $150,000.00. The funds will only be used as needed. SECTION 3. Sever ability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, j such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 9. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 2 1996 Budget APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I 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. i (SEAL) BRENDA JACOBER, CITY CLERK p:I nrdinanc l budg e&6.nrd 3 City of Kent 1996 Budget Adjustment Ordinance Adjustments After June 1, 1996 Additional Appropriations Adjustment Carryover Ordinance Ordinance Adjustment Total Fund Budget #3265 #3303 Ordinance Budget General Fund 41,618,451 189,303 217,246 42,025,000 Street Fund 41441,918 (300,067) 41,295 4,183,146 Youth/Teen Programs 484,123 1,071 32,300 517,494 Capital Improvement 4,565,000 250,000 (20,651) 4,794,349 Criminal Justice 499,890 1,426,595 90,560 90,944 2,107,989 Environmental Mitigation 397,935 486,910 72,838 57,973 1,015,656 Housing &Community Development 789,417 436,550 (109,208) 93,692 1,210,451 Other Operating Projects 1,069,059 142,694 475,005 290,866 1,977,624 Voted Debt Service 1,835,373 1,835,373 Councilmanic Debt Service 2,138,175 (42,328) 744,140 3,275,477 Special Assessment 3,275,477 3,026,995 Street Capital Projects 36,534,697 3,105,793 (194,459) 3,580,964 43,022,506 Park Capital Projects 4,931,054 1,263,658 848,157 6,169,637 13,212,506 Other Capital Projects 1,129,000 1,128,518 741,093 267,099 3,265,710 Water 35,988,491 11,154,117 3,144 26,584 47,172,336 Sewerage 30P230,890 17,379,715 130,028 18,717,145 66,457,778 Golf Course 7,758,394 3,051,605 30,176 10,840,175 Equipment Rental 77,000 1,791,119 88,131 145,150 2,101,400 Central Services 1,077,935 4,754,904 212,452 (1,815,785) 4,229,506 Fire Equipment Fund 1,447.584 1,447,584 Facilities Fund 250,000 14,857,472 15,107,472 Insurance 5,380.464 265,075 5,645,539 199,396 Firemen's Relief& Pension 199,396 Economic Development Corp 36,995 36,995 Total Gross Budget 120,483,762 111,545,134 2,735,896 43,761,146 278,525,938 Less: Internal Service 6,503,712 (252) 208,587 6,797,456 Other Transfers 203,000 10,149,700 174,171 870,585 11,397, 56 Internal Transfers 9,865,768 6,424,146 792,328 9,309,781 26,392,023 Total Budget 110,414,994 88,467,576 1,769,649 33,372,193 234,024,412 CITY OF KENT,WASHINGTON 1996 COMBINED OPERATING STATEMENT BUDGET CHANGES SINCE JUNE 1, 1996 Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance 41,709,064 41,807,754 (98,690) 3,795,228 3,696,538 GENERAL FUND 222 176 264,546 (42,370) (42,370) Previously Approved by Council 6,103 (6,103) (6,103) Expect Council Approval 12/10196 2,436 2,436 2,436 Budget Corrections (53,403) (53.403) Other Changes 41,880,273 42,025,000 (144,727) 3,795,228 3,650,501 SPECIAL REVENUE FUNDS Street 3,912,538 4,141,851 (229,313) 651,869 (41,295) Previously Approved by Council 41.295 (41,295) 381,261 3,912,538 4,183,146 (270,608) 651,869 Youth!Teen Programs 430,151 485,194 (55,043) 309,744 254,701 Previously Approved by Council 32,300 32,300 462,451 517,494 (55,043) 309,744 254,701 4,163,166 4,815,000 (651,834) 979.874 328,040 Capital Improvement (213,017) Previously Approved by Council 16,332 250.000 (250.000 250,000 Other Changes (250.000) 614,850 4,179,498 4,794,349 (614,851) 979.874 365,023 Criminal Justice 1,325,067 1,515,155 (190,088) 538,090 348,002 Previously Approved by Council 35,914 35,914 Expect Council Approval 12/10/96 61,030 61,030 3 g77 Budget Correction (9,977) (6,000) (3,977) 542,067 348,002 1,412.034 1,6()6,099 (194.065) Environmental Mitigation 495,362 559,748 (64,386) 206,024 141,638 Previously Approved by Council 36,491 36,491 Budget Correction 21,482 21,482 553,335 617,721 (64,386) 206,024 141,638 Community Block Grant 327,342 327,342 Previously Approved by Council 984 984 Budget Correction 92.708 92,708 421,034 421,034 Other Operating Projects 652,991 617,699 35,292 82.851 118,143 2) Previously Approved by Council 182,142 255,574 (73,432) ((73,4373,432) Budget Correction 35.292 (35.292) 82.851 9,419 835,133 908,565 (73,432) DEBT SERVICE FUNDS 195,854 29,196 Voted 1,668,715 1,835,373 (166,658) Councilmanic 2,095,847 2,095,847 Previously Approved by Council 744,140 744,140 2,839, 887 2,839,987 Special Assessment 2,485,423 3,195,477 (710.054) 2,839,418 2,129.364 s CITY OF KENT,WASHINGTON 1996 COMBINED OPERATING STATEMENT BUDGET CHANGES SINCE JUNE 1, 1996 Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance CAPITAL PROJECTS FUNDS Street Projects 2,911,334 2,911,334 Previously Approved by Council 3,780.233 3,780,233 Budget Correction (203,619) (203,619) Other Changes (28.741) (28,741) 6,459207 6,459,207 Parks Projects 2,072,876 2,072.901 (25) 201,738 201,713 Previously Approved by Council 5,540,098 5,540,098 Expect Council Approval 12110/96 7,838 7,838 Budget Correction 25.000 25 - 7,645,812 7,645,8 37 (25) 201,738 201,713 Other Projects 1,346,197 1,346,197 Previously Approved by Council 229,639 229,639 1,575,836 1,575,836 ENTERPRISE FUNDS 2,863.949 2,479,354 Water 7,241,037 7,625,632 (384.595) (364) Previously Approved by Council 26,220 26.584 (364) 7,267,257 7,652,216 (384,959) 2,863,949 2,478,990 Sewerage 16,236,402 15,156,439 1,079,963 4,877,484 5,9557,447 7,404) Previously Approved by Council 9,909,800 10,107,204 (197,404) Budget Correction 291.000 291,000 Other Changes 16,666 16,666 26,453.868 25,571,309 882,559 4,877,484 5,760.043 Golf Complex 3,108,122 2,764,568 343,554 34,033 377,587 INTERNAL SERVICE FUNDS Equipment Rental 1,869,849 1,879,250 (9(150) 2,185.677 2,176(150) Previously Approved by Council 000 (150) (145.000) Budget Correction 145.000 (145.000) 1,869,849 2,024,400 (154,551) 2'185,677 2,031,125 Central Services 4,827,791 4,797,356 30,435 (59,792) (29,357) Previously Approved by Council (548,261) (548,261) Budget Correction 195,000 195,000 Other Changes (1,3912411 f1,462.524) 71,283 3,083,289 2,981,571 101,718 (59,792) (29,357) Fire Equipment 458,693 1,447,584 (988,891) 1,171,431 182,540 Facilities Fund 250,000 250,000 20,693 Previously Approved by Council 13,325,387 13,304,694 20,693 (71283) Other Changes 1,141,241 1,212,524 (71,283) (50,590) 14,716,628 14,767,218 (50,590) Insurance 4,879,167 5,380,464 (501,297) 3,605,689 3,105,392 Previously Approved by Council 7,075 7,075 Budget Correction 258.000 (258,000) (847.392 4,886.242 5,645,539 (759,297) 3,606,689 2. 47. CITY OF KENT, WASHINGTON 1996 COMBINED OPERATING STATEMENT BUDGET CHANGES SINCE JUNE 1, 1996 Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance TRUST AND AGENCY FUNDS Firemen's Pension 246,000 199,396 46,604 2,288,709 2,335,313 Economic Development Corp 19,496 36,995 (17,499) 31,021 13,522 BEGINNING GROSS BUDGET 104,732,630 107,264,556 (2,531,926) 26,799,891 24,267,965 Previously Approved by Council 33,540,670 34,088,009 (547,339) (547,339) Expect Council Approval 12110/96 68,868 74,971 (6,103) (6,103) Budget Correction 414,030 853,863 (439,833) 3,977 (435,856) Other Changes (315,478) (565,478) 250,000 178.717 NEW GROSS BUDGET 138,440,720 141,715,921 (3,275,201) 26,803,868 23,457,384 LESS: Internal Service Funds 6,712,047 6,712,047 Other Transfers 11,194,456 11,194,456 TOTAL BUDGET 120,534,217 123,809,418 (3,275,201) 26,803.868 23,457,384 City Of Kent General Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3265 41,618,451 Budget Adjustment Ordinance No. 3303 189,303 41,807,754 Budget Adjustment Expenditures Previously Approved with Council Date Transfer Out to Shops Fiber Optics Project (1) 26,666 Shops Fiber Optics (1) (26,666) Increase Hours of Police Public Education Specialist 06104 4,000 Councilmember Cell Phone Equipment,Telephone Expenses 04/16 5,934 Natural Medicine Clinic 05/07 30,000 Transfer Out to Live Bum Simulators 07102 105,000 Centennial Building and Municipal Court Facilities Allocation 07/02 6,436 Boeing Employees Recycling Donation-Resource Center 08/20 3,354 Fire Facilities Mtc Worker I Position 08/06 8,750 Disaster Funds Reimbursements 08106, 10/01 25,499 Discovery Trust Grant-Resource Center 09117 5.000 Mobile Recreation Computer Program Grant-Parks 09/17 38,000 Summer Trails Program Grant-Parks 09/17 12,978 Youth Facilitated Pea Patch Program Grant- Parks 09/17 19,595 Expect Council Approval Transfer Out to Criminal Justice for Grant Matching 12/10 6,103 Not Previously Approved for the Budget Amount Eliminate Before and After School Program (53,403) Total Budget Adjustment Expenditures 217,246 Total Expenditures 4 2.025,000 Sources of Funding Budget Ordinance No. 3265 41,511.899 Budget Adjustment Ordinance No. 3303 189,303 Beginning Fund Balance 2,629,053 Ending Fund Balance (2.522.501) 41,807,754 Budget Adjustment Sources 52 Federal Disaster Relief Revenues 15,747 7 State Disaster Relief Revenues 0,573 King County Grants 5,000 11 State Grant- Division of Developmental Disabilities 3.75 3 Fire District#37 Revenues ,34 Contributions-Boeing Employees Recycling Program Transfer In from Criminal Justice 4,000 00 Child Care Services (53,403) Ending Fund Balance 48.473 Total Budget Adjustment Sources 217,246 Total Sources of Funding 42.025.000 — (1) Transfer amount budgeted in operating fund to project account. BE 96110ET.WB1 26-Nov-96 r City Of Kent Street Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3265 4,441,918 Budget Adjustment Ordinance No. 3303 (300,067) 4,141,851 Budget Adjustment Expenditures Previously Approved with Council Date 09/03 41.295 Transfer Out to Debt Service for 1996 GO Bonds 41,295 Total Budget Adjustment Expenditures 4.183,146 Total Expenditures Sources of Funding No. 3265 4,212,605 Budget Ordinance No. 3303 (300,067) Budget Adjustment Ordinance 499,461 Beginning Fund Balance (270,148) Ending Fund Balance 4.141, 551 Budget Adjustment Sources 41,295 Ending Fund Balance 41,295 Total Budget Adjustment Sources 4,183.146 Total Sources of Funding BE 9611DET.WB1 26-Nov-96 I City Of Kent Youth / Teen Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures No. 3265 484,123 Budget Ordinance No. 3303 1,071 Budget Adjustment Ordinance 485,194 Budget Adjustment Expenditures Previously Approved with Council Date 08/06 32,300 Transfer Out to Skate Park Project- Donation 32,300 Total Budget Adjustment Expenditures 517,494 Total Expenditures Sources of Funding No. 3265 429,080 Budget Ordinance No. 3303 1,071 Budget Adjustment Ordinance 128,260 Beginning Fund Balance (73,217„,. Ending Fund Balance 485,194 Budget Adjustment Sources 32,300 Lions Club Donation 32,300 Total Budget Adjustment Sources 517,494 Total Sources of Funding BE 9611DET.WB1 26-Nov-96 ^r City Of Kent Capital Improvement Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures No. 3265 4,565,000 Budget Ordinance No. 3303 250,000 Budget Adjustment Ordinance 4,8157000 Budget Adjustment Expenditures Previously Approved with Council Date 05/21 22,000 Transfer Out to Kent Commons Parking Lot Repairs 06/18 16,332 Transfer Out to Emergency Generators- Fire 09l03 91,017 Transfer Out to Debt Service for 1996 GO Bond Sales 11105 100,000 Transfer Out to Fire Station#75 Not Previously Approved for the Budget Amount 1 (250,000) Transfer Out to Centennial Building Fund - Reverse ( ) (20,651) Total Budget Adjustment Expenditures 4,794,349 Total Expenditures Sources of Funding No. 3265 4,157,721 Budget Ordinance No. 3303 250,000 Budget Adjustment Ordinance 938,682 Beginning Fund Balance (531,403) Ending Fund Balance 4,815,000 Budget Adjustment Sources 16,332 Sales Tax Revenue (36.983) Ending Fund Balance (20,651) Total Budget Adjustment Sources 4,794.349 Total Sources of Funding (1) Reverse amount utilized for escrow deposit on the Centennial Building prior to the bond issue. BE 9611DET.WB1 26-Nov-96 City Of Kent Criminal Justice Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3265 1,424,595 Budget Adjustment Ordinance No. 3303 90,560 499,890 Carryover Budget 2,000 Internal Transfers 2,017,045 Budget Adjustment Expenditures Previously Approved with Council Date 4,000) Delete Balance of Accreditation Office Techinician Position ( Transfer Out to General Fund-Accreditation Office Tech Balance 08l06 4,000 000 K-9 Memorial Fund Donations 13,633 08 Drinking Driver Task Force Grant 08106 06 21 964 Law Enforcement Education Partnership Program ,317 Expect Council Approval Computer Equipment, Software and Training-Grant 12/10 61,030 Not Previously Approved for the Budget Amount Police Explorers 90(1) (6, ) 000 000 Total Budget Adjustment Expenditures ,944 Total Expenditures 2,107,989 Total Sources of Funding Budget Ordinance No. 3265 1,395,633 ,5633 Budget Adjustment Ordinance No. 3303 Carryover Budget 560 492,000 Internal Transfers 2,316 Beginning Fund Balance 271,356 Ending Fund Balance ,01 ,045 2,017,045 Budget Adjustment Sources Miscellaneous Donations 13, Drinking Driver Task Force Grant 21,964) 4 Law Enforcement Education Partnership Program Grant ,927 7 Bureau of Justice Block Grant 54,103 3 Transfer In from General Fund , Beginning Fund Balance ,977 77 Internal Transfer 000) Criminal Justice , 44 Total Budget Adjustment Sources 90,944 Total Sources of Funding 2 ,107,989 BE 9611DET.WB1 26-Nov-96 r.r City Of Kent Environmental Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3265 486,910 Budget Adjustment Ordinance No. 3303 72,838 Carryover Budget 397,935 957,683 Budget Adjustment Expenditures Previously Approved with Council Date Special Recycling and Business Recycling -Grant 06/18 36,491 Not Previously Approved for the Budget Amount Western Processing (1) 21,482 Total Budget Adjustment Expenditures 57,973 Total Expenditures 1,015,656 Total Sources of Funding Budget Ordinance No. 3265 421,893 Budget Adjustment Ordinance No. 3303 72,838 Carryover Budget 397,935 Beginning Fund Balance 259,318 Ending Fund Balance (194,301) 957,683 Budget Adjustment Sources Transfer In from Liability Insurance Fund 21,482 King County Grant 36,491 Total Budget Adjustment Sources 57,973 Total Sources of Funding 1,015,656 (1) Mitigation insufficient to cover damages and the amount is uncollectible, transfer from Liability Insurance to cover. BE 9611DET.WB1 26-Nov-96 ,l City Of Kent Housing & Community Development Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3265 436,550No. 3303 (109,208) Budget Adjustment Ordinance 789,417 Carryover Budget 1,116,759 Budget Adjustment Expenditures Previously Approved with Council Date 06/04 984 Community Health Center Service Program Not Previously Approved for the Budget Amount (1) 39,373 Children's Home Society Acquisition 23335 Highline Comm College Child Care Center- kitchen (1) 30,000 MHCP - Paradise Mobile Home Park Rehab (1) 93,692 Total Budget Adjustment Expenditures Total Expenditures 1,210,451 Sources of Funding Budget Ordinance No. 3265 436,550 Budget Adjustment Ordinance No. 3303 (789.417 1,116,759 Carryover Budget 78759 Budget Adjustment Sources 93.692 CDBG Federal Grant (St) 93,692 Total Budget Adjustment Sources Total Sources of Funding 1,210.451 (1) Reinstate budgets for CDBG programs administered by King County. BE 9611DET.WB1 26-Nov-96 �(O City Of Kent Other Operating Projects Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3265 142,694 Budget Adjustment Ordinance No. 3303 475,005 Carryover Budget 1,069,059 1,686,758 Budget Adjustment Expenditures Previously Approved with Council Date Community & Business Outreach Program (1) 20,000 Kent Commons Parking Lot Repairs 05/21 22,000 Regional Justice Center Building Inspector 08/06 13.574 Regional Justice Center Human Services Mitigation 10/01 200,000 Not Previously Approved for the Budget Amount Growth Management(salaries & benefits) (2) 35,292 Total Budget Adjustment Expenditures 290,866 Total Expenditures 1,977,624 Sources of Funding Budget Ordinance No. 3265 133,858 Budget Adjustment Ordinance No. 3303 475,005 Carryover Budget 1,069,059 Beginning Fund Balance 8.836 1,686,758 Budget Adjustment Sources Transfer In from Capital Improvement Fund 22,000 Transfer In from General Fund 20,000 King County Mitigation 200,000 Building Permits (59,858) Ending Working Capital 108,724 Total Budget Adjustment Sources 290,866 Total Sources of Funding 1,977.624 (1) Community & Business Outreach program approved in 1996 Finance Budget. Move to operating project for carryover into 1997. (2) Correct previous budget change that reduced by 3/4 position in error. BE 9611DET.WB1 26-Nov-96 City Of Kent Councilmanic Debt Service Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures No. 3265 2,138,175 Budget Ordinance No. 3303 (42.328) Budget Adjustment Ordinance 2,595,847 Budget Adjustment Expenditures Previously Approved with Council Date 09/03 143,084 Debt Service for 1996 GO Bonds 08/20 601,056 Morrill Property Purchase 744,140 Total Budget Adjustment Expenditures 2.839.987 Total Expenditures Sources of Funding No. 3265 2,138,175 Budget Ordinance No. 3303 (42,328) Budget Adjustment Ordinance 2,095,84- Budget Adjustment Sources 91,017 Transfer in from Capital Improvement Fund 41,295 Transfer In from Street Fund 601,056 Transfer In from Parks Capital Projects 10,772 Interest Income 744,1 00 Total Budget Adjustment Sources 2.839.987 Total Sources of Funding BE 9611DET.WB1 26-Nav-96 City Of Kent Street Capital Projects Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3265 3,105,793 Budget Adjustment Ordinance No. 3303 (194,459) Carryover Budget 36,534,697 39.446,031 Budget Adjustment Expenditures Previously Approved with Council Date LID 345-218th Street Improvements-Grant 05/07 (119,128) East Valley Highway Pavement Improvements-Grant 04/16 663,022 LID 347-Meeker/Russell Signal 05/21 100,000 240th Street Improvements-GO Bonds 06/18, 09/03 1,745,000 Pedestrian Walkways-Street Vacation 08/20 20,000 LID 336-East Valley Highway 08/20 (33,091) Bike Paths-Grant 11/05 84,702 Pacific Highway South HOV Lanes-Grant 11/05 1,247,838 224th-228th Corridor-SEPA#2494 (1) 10,480 272nd Corridor-SEPA#2494 (1) 61,410 Not Previously Approved for the Budget Amount Corridor Improvement-General (2) (84,369) LID 341 -196th Corridor (3) (119,250) Commute Trip Reduction (3) (28,741) Internal Transfers West Valley Highway Improvements 08/20 3,319 LID 331-SE 240th Street 08/20 23,058 SR 516/Willis Improvements 08/20 6.714 Total Budget Adjustment Expenditures 3,580,964 Total Expenditures 43.026,995 Sources of Funding Budget Ordinance No. 3265 3.105,793 Budget Adjustment Ordinance No. 3303 (194.459) Carryover Budget 36,534.697 39,446,031 Budget Adjustment Sources State Grant-General Street 510.681 ISTEA Grant 1,332.540 King County Grant (28,741) Proceeds from LID Bonds (19,128) Proceeds from GO Bonds 1,745,000 Sale of Land-Street Vacation 20,000 Contributions-SEPA 71,890 Transfer in from Street Utility (84,369) Internal Transfer LID 336-East Valley Highway 33.091 Total Budget Adjustment Sources 3,580.964 Total Sources of Funding 43,026,995 (1) Per State Environmental Policy Act Ordinance#2494. (2) Reduce transfer in from Street Fund to correspond with reduction in street utility revenues. (3) Reduce grant to amount received. BE 9611DET.WB1 26-Nov-96 r � City Of Kent Park Capital Projects Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3265 1,263,658 Budget Adjustment Ordinance No. 3303 848,157 Carryover Budget 4,931,054 7,042,869 Budget Adjustment Expenditures Previously Approved with Council Date First Avenue Plaza-Carryover from 1995 95 Budget 25.000 Yangzhou Park-Donation 06/18 500 Kiwanis Tot Lot#3-Donation 06/18 814 Transfer Out to Other Long Term Debt-Morrill Property 08/20 601.056 Morrill Property Acquisition 08120 (157,556) Dow Property Acquisition 06/18,09103 13,901 Park Land Acquisition-GO Bonds 06/18,09103 3,253,299 Park Land Acquisition-Sale of Land 04116 1,557,258 Park Land Acquisition-KC Conservation Futures Grant 08/20 200,000 Park Land Acquisition 08/06 (165.441) 1996 Park Improvements-Senior Center Parking 08/06 165,441 Adopt A Park Program-Donations 10/15 5,500 Skate Park-Donation, Parking Fees 08/06,08/20 59,950 Parking Improvements-Disaster Relief 08/06 1,057 Lake Fenwick Trail-Disaster Relief 08/06 4,319 Expect Council Approval Adopt A Park Program-Donations 12110 1,208 1996 Park improvements-Misc Revenues 12110 6,630 Internal Transfers Dow Property Purchase 06/18,09/03 596.701 Total Budget Adjustment Expenditures 6,169,637 Total Expenditures 13.212.506 Sources of Funding Budget Ordinance No. 3265 1,258.410 Budget Adjustment Ordinance No. 3303 848,157 Carryover Budget 4,931,054 7.037,621 Budget Adjustment Sources State Grant-IAC (139,300) King County Grants 200,000 Contributions 8,022 Transfer In from Youth/Teen Fund 32,300 Transfer In from Capital Improvement 25,000 Proceeds from GO Bonds 3,850,000 Sale of Land 1,557,258 Regional Justice Center Parking Fees 27,650 Federal Disaster Relief 4,145 State Disaster Relief 1,231 Gain on Sale of Assets-Surplus House 5,510 Sales of Plans-Public 120 Ending Working Capital 5.248 Internal Transfer Park Land Acquisition 596.701 Total Budget Adjustment Sources 6,174,885 Total Sources of Funding 13.212.506 BE 9611DET.W81 26-Nov-96 City Of Kent Other Capital Projects Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3265 1,128,518 Budget Adjustment Ordinance No. 3303 741.093 Carryover Budget 1,129,000 2,998,611 Budget Adjustment Expenditures Previously Approved with Council Date Power Generators 06/18 16,332 Training Center Bum Props 07/02 135,932 Fire Station#75 11/05 100,000 Defibrillator Equipment 07/02 6,528 Fire MDT Sale 07/02 (7,016) Internal Transfers Defibrillator Equipment- Fire MDT Sale 07102 6,528 Training Center Bum Props-Fire MDT Sale 07/02 30,932 Fire Hearing/Apparatus 07/02 (22,137) Total Budget Adjustment Expenditures 267,099 Total Expenditures 3,265,710 Sources of Funding Budget Ordinance- No. 3265 953,735 Budget Adjustment Ordinance No. 3303 741,093 Carryover Budget 1,129,000 Beginning Fund Balance 207,783 Ending Fund Balance (33,000) 2,998,611 Budget Adjustment Sources Gain on Assets-Police/Fire 800 Mhz Sale 540 Charges in Lieu of Assessments 7,767 Transfer In from Capital Improvement 116,332 Transfer In from General Fund 105.000 Internal Transfers Fire MDT Sale 37,460 Total Budget Adjustment Sources 257,099 Total Sources of Funding 3.265,710 BE 96110ET.WB1 26-Nov-96 i City Of Kent Water Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3265 7,622,488 Budget Adjustment Ordinance No. 3303 3,144 Carryover Budget 35,988,491 Internal Transfers 3,531,629 47,145,752 Budget Adjustment Expenditures Previously Approved with Council Date Transfer Out to Shops Fiber Optics Project (1) 13,335 Shops Fiber Optics (1) (13,335) Disaster Relief 08/06 1,070 LID 345-218th Street Improvements 05107 25,150 Centennial Building and Municipal Court Facilities Allocation 07102 364 Total Budget Adjustment Expenditures 26,584 Total Expenditures 47,172,336 Sources of Funding Budget Ordinance No. 3265 7,241,037 Budget Adjustment Ordinance No. 3303 3,144 Carryover Budget 35,988,491 Internal Transfers 3,531,629 Beginning Fund Balance 3,345,284 Ending Fund Balance (2.963.833) 47,145,752 Budget Adjustment Sources Federal Disaster Relief 917 State Disaster Relief 153 Proceeds from LID Bonds 25,150 Ending Working Capital 364 Total Budget Adjustment Sources 26,584 Total Sources of Funding 47,172.336 (1) Transfer amount budgeted in operating fund to project account. BE 9611DET.WB1 26-Nov-96 City Of Kent Sewerage Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures No. 3265 15,056,411 Budget Ordinance No. 3303 130,028 Budget Adjustment Ordinance 30,230,890 Carryover Budget 2,323,304 Internal Transfers 47,740,533 Budget Adjustment Expenditures Previously Approved with Council Date (1) 26,666 Transfer Out to Shops Fiber Optics Project (1) (26,666) Shops Fiber Optics 05/07 (68,452) LID 345-218th Street Improvements 08106, 10/01 66,215 Disaster Relief 06/18, 09103 8,340,000 GO Bonds Allocation 06/18, 09/03 197,203 Debt Service for 96 GO Bonds 02/06 1.572,646 Lower Garrison Creek Detention 07102 201 Centennial Building and Municipal Court Facilities Allocation 06/18, 10/01 16,057 96 Bond Debt Service Not Previously Approved for the Budget Amount (2) 291,000 Metro Sewer Service Intemal Transfer 06118, 10/01 8,088,406 Transfer Out to Valley Detention Basin Project Transfer Out to Sewer BI &R Account-96 Bond Debt Service 06118, 10101 197,203 ,666 Transfer Out to Miscejlaneous Sewer Projects 18,717,145 16666 Total Budget Adjustment Expenditures 66,457,778 Total Expenditures Sources of Funding No. 3265 16,136,502 Budget Ordinance No. 3303 130,028 Budget Adjustment Ordinance 30,230,890 Carryover Budget 2,323,304 Internal Transfers 5.439,832 Beginning Fund Balance (6,519,923) Ending Fund Balance 47,740,533 Budget Adjustment Sources 291,000 Sewer Sales 4&,662 Federal Disaster Relief 16,553 State Disaster Relief (68,452) Proceeds from LID Bonds 8,340.000 Proceeds from 96 GO Bonds 16,057 Interest Income 1,572,646 Trust Fund Loan 197,404 Ending Working Capital Internal Transfer 8,088,406 Transfer In from 96 Drainage Bond Project 213,869 Transfer In from Operating Fund 18,717,145 Total Budget Adjustment Sources 66.457,778 Total Sources of Funding (1) Transfer amount budgeted in operating fund to project account. (2) Increase sewer Metro charge budget to cover actuals, sufficient revenues coming in to cover expense. BE 96110ET.W81 26-Nov-96 City Of Kent Equipment Rental Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures No. 3265 1,791,119 Budget Ordinance No. 3303 88,131 Budget Adjustment Ordinance 77,000 Carryover Budget 1,956,250 Budget Adjustment Expenditures Previously Approved with Council Date (1) 13,333 Transfer Out to Shops Fiber Optics Project (1) (13,333) Shops Fiber Optics 150 Centennial Building and Municipal Court Facilities Allocation 07/02 Not Previously Approved for the Budget Amount 145,000 Additional Repair Supplies and Outside Repair Services 145,150 Total Budget Adjustment Expenditures Total Expenditures 2.101,400 Sources of Funding Budget Ordinance No. 3265 1,869,846 No. 3303 ,131 Budget Adjustment Ordinance 77 77,000 Carryover Budget 1,983,076 Beginning Fund Balance (2,061,806) Ending Fund Balance 1,956,250 Budget Adjustment Sources 145.150 Ending Working Capital 145,150 Total Budget Adjustment Sources 2,101,400 Total Sources of Funding (1) Transfer amount budgeted in operating fund to project account. BE 9611DET.WB1 26-Nov-96 City Of Kent Central Services Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures No. 3265 4,584,904 Budget Ordinance No. 3303 212,452 Budget Adjustment Ordinance 1,077,935 Carryover Budget 170,000 Internal Transfers 6,045,291 Budget Adjustment Expenditures Previously Approved with Council Date 80,000 Shops Fiber Optics Project Centennial Building and Municipal Court Facilities Allocation 07/02 (628.261) Not Previously Approved for the Budget Amount 55,000 Additional Supplies Ordered and Billed to City Departments 70,000 Additional Postage Billed to City Departments 70,000 Additional Telephone Costs Billed to City Departments (1,462,524) Transfer Facility Budget to Facilities Fund (1,815,785) Total Budget Adjustment Expenditures 4,229,506 Total Expenditures Sources of Funding 4,605,318 Budget Ordinance No. 3303 212,452 Budget Adjustment Ordinance 1,077,935 Carryover Budget 170,000 Internal Transfers 25,540 Beginning Fund Balance (45,954) Ending Fund Balance 6,045,291 Budget Adjustment Sources 55,000 Central Stores Revenue 70,000 Postage Revenue 70,000 Telephone Revenue (2,019,502) Public Office Building Revenue 13,335 Transfer In from Water Fund 26,666 Transfer In from General Fund 26,666 Transfer In from Sewerage Fund 13,333 Transfer In from Equipment Rental Fund (71,283) Ending Working Capital (1,815, 885) Total Budget Adjustment Sources 4,229,506 Total Sources of Funding BE 9611DET.W81 26-Nov-96 City Of Kent Facilities Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures No. 3265 0 Budget Ordinance No. 3303 250,000 Budget Adjustment Ordinance 250,000 Budget Adjustment Expenditures Previously Approved with Council Date 06/18, 09/03 12,310,000 Centennial Building Purchase-GO Bonds 07/02 635,515 Centennial Building and Municipal Court Facilities Allocation 07102 365,615 Debt Service for 96 80 Bonds Not Previously Approved for the Budget Amount (1) (6,436) Assistant Facilities Manager 1,462,524 Transfer Facility Budget to Facilities Fund (250,000) Reverse Budget for Escrow Deposit on Centennial Center Internal Transfers 07/02 340,254 Transfer to Facilities BI 8 R Account-96 Debt Service 14,857,472 Total Budget Adjustment Expenditures 15,107,472 Total Expenditures Sources of Funding No. 3265 0 Budget Ordinance No. 3303 250.000 Budget Adjustment Ordinance 250,000 Budget Adjustment Sources 12.310.000 Proceeds from GO Bonds 25.361 Interest Income 348,178 Long Term Leases 2,033.089 Public Office Building Revenue (250,000) Transfer In from Capital Improvement Fund 50,590 Ending Fund Balance Internal Transfers 340.254 Transfer In from Operating Fund 14,857,472 Total Budget Adjustment Sources 15,107,472 Total Sources of Funding BE 9611DET.WB1 26-Nov-96 " City Of Kent Insurance Fund Budget Adjustments After June 1, 1996 Source of Authorization Expenditures Funding Expenditures No. 3265 5,380,464 Budget Ordinance Budget Adjustment Expenditures Previously Approved with Council Date 07102 4,888 Centennial Building and Municipal Court Facilities Allocation 10/01 2,187 Disaster Relief Not Previously Approved for the Budget Amount (1) 21,482 Transfer Out to Western Processing Project (2) 220,518 Additional Liability Charges 16,000 Increase Property Account Budget to Cover Additional Claims (2) 265, 775 Total Budget Adjustment Expenditures 5,645,539 Total Expenditures Sources of Funding No. 3265 4,879.167 Budget Ordinance 3,606,689 Beginning Fund Balance (3.105,392) Ending Fund Balance 5,380,464 Budget Adjustment Sources 1,641 Federal Disaster Relief 546 State Disaster Relief 4,888 Insurance Revenue 258,000 Ending Fund Balance 265,075 Total Budget Adjustment Sources 5.645,539 Total Sources of Funding (1) Mitigation insufficient to cover damages, use ending fund balance. (2) Increase to more closely represent actual expenditures. BE 9611DET.WB1 26-Nov-96 Kent City Council Meeting Date December 10, 1996 Category Consent Calendar 1. SUBJECT: SINGLE FAMILY RESIDENTIAL ZONING DISTRICT REGULATIONS ZCA-96-6 - ORDINANCE �1 2 . SUMMARY STATEMENT: Adoption of Ordinance No. 3� amending the Zoning Code regarding single family residential development standards. This was approved by the City Council on November 26, 1996. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: city Council (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. 3D ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 15.04 of the zoning code, as recently amended by Ordinance No. 3268 and Ordinance No. 3290, making further clarification to previously established density standards. WHEREAS, the Citv of Kent Comprehensive Plan contains goals and policies that support a variety of housing types and densities throughout the City, l including more flexibility and innovation in terms of building and site design in single- family residential areas; and WIMREAS the City of Kent Comprehensive Plan contains goals and policies which recommend expansion of home ownership opportunities for all income groups; and WHEREAS, the City Council, on December 19, 1995, adopted Ordinance No. 3268 revising the Kent Zoning Code provisions for single-family residential development standards, consistent with the above goals and policies, and WHEREAS, the City Council, on April 16, 1996, adopted Ordinance No. 3290 clarifying previously established density standards, and l i I WHEREAS, implementation of Ordinance No. 3290 had an unanticipated effect on potential subdivision of"in-fill" lots; specifically lots which could have been subdivided under the former R1-12.0 zoning were now prohibited from subdividing under the new SR-3 zoning; and WHEREAS, the staff determined that the unintended effect on such "in- fill" lots was the result of"rounding off' maximum permitted density for each of the single-family residential zones amended by Ordinance No. 3290; and WHEREAS, the Land Use & Planning Board considered alternatives to address the unintended effect on "in-till" lots and determined that the maximum permitted densities be amended for all single-family residential zones to coincide with density factors that existed prior to adoption of Ordinance No. 3268; and i { WHEREAS, the Land Use & Planning Board held a public hearing to i discuss the proposed maximum permitted density standards for single family residential i zoning on October 28, 1996; and i WHEREAS, the Land Use & Planning Board voted unanimously to accept the City Staffs recommendation to amend the maximum permitted density standards for single-family residential zoning districts to be based on mathematically precise calculations as opposed to the mere rounding of numbers in order to address the unintended impacts on "in-fill" lots; and WHEREAS, the Kent City Council considered the recommendation of the Land Use & Planning Board at a regularly scheduled meeting on November 26, 1996, and approved the proposed Kent zoning code amendment (ZCA-96-6) to revise the current single family residential development standards as recommended by the Land Use & Planning Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.04.020 of the Kent City Code is hereby amended to read as follows: Sec. 15.04.020. Single-family residential districts. mily residential districts to stabilize and preserve It is the purpose of the single-fa low density, single-family residential neighborhoods. It is further the purpose to provide a range of minimum lot sizes in order to promote diversity and recognize a variety of residential environments. A. Districts established by maximum permitted density. The following single- family residential districts and their densities are established: (1) Two (2) SR-2: 2.18 single-family dwelling units per acre. (2) Three (3) SR-3: 3.63 single-family dwelling units per acre. (3) Foui and une-haif(4.5) SR-4.5: 4.53 single-family dwelling units per acre. (4) Six-(6) SR-6: 6.05 single-family dwelling units per acre. (5) £ig1rt(3) SR-8: 8.71 single-family dwelling units per acre. B. Minimum zoning area. Minimum zoning area for the SR-8 district is fifteen thousand (15,000) square feet (three (3) lots). C. Maximum zoning area. Maximum zoning area for the SR-8 district is eight (8) acres. D. Principally permitted apses. Principally permitted uses are as follows: l. One (1) single-family dwelling per lot. 2. Crop and tree farming. 3. Group homes class I-A. E. Special permit uses. The following uses are permitted provided they conform to the development standards listed in section 15.08.020: 1. Churches. i 2. Nursery schools and day care centers. F. Accessory uses. Permitted accessory uses are as follows: 1. Accessory uses and buildings customarily appurtenant to a use, such as garages, carports and minor structures for permitted storage of personal property. 2. Rooming and boarding of not more than three (3) persons. ;. Customary incidental home occupations subject to the provisions of section 15.08.040. 4. Accessory dwelling units. For purpose of this section, section 15.04,020, accessory dwelling units shall not be included in 'I calculating the maximum permitted density. G. Conditional uses. Conditional uses are as follows: General conditional uses as listed in section 15.08.030. H. Development standards. 1. Minimum lot. Minimum lot area is as follows: i a. SR-2: Sixteen thousand (16,000) square feet. b. SR-3: Ninety-six hundred (9,600) square feet. c. SR-4.5� Seventy-six hundred (7,600) square feet_ d. SR-6: Fifty-seven hundred (5,700) square feet. e. SR-& Four thousand (4,000) square feet. 2. NDnimum lo! width. Minimum lot width is as follows: a. SR-2: Fifty (50) feet. 4 b. SR-3: Fifty (50) feet. C. SR-4.5: Fifty (50) feet. d. SR-6: Fifty (50) feet. e. SR-8: Forty (40) feet. f To determine minimum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot, provided that an access easement to another lot is not included within the circle. ;. Maximum site coverage. Maximum site coverage is as follows: a. SR-2: Thirty (30) percent. b. SR-3: Forty-five (45) percent. C. SR-4.5: Forty-five (45) percent. d. SR-6: Fifty (50) percent. e. SR-8: Fifty-five (55) percent. 4. Minimum yard requirements. a. Front yard. Minimum front yard is ten (10) feet. (1) At least twenty (20) linear feet of driveway shall be provided between any garage, carport or other primary parking area and the street property line with the exception of an alley property line. (2) Porches and private and shared courtyard features may be built within the front building setback line. (;) Proposed front yards less than twenty (20) feet in depth are subject to approval by the planning director, based on review and recommendation from the public works department relative to the existing and future traffic volumes and right-of-way 5 I requirements as specified in the city comprehensive transportation plan and city construction standards. i b. Side yard/ Minimum side yard is five (5) feet. C. Rear yard. Minimum rear yard is eight (8) feet. i d. Side yard on flanking street of corner lot. Minimum side yard on the flanking street of a corner lot is fifteen (15) feet. 5. Height limitation. Height limitations are as follows: a. SR-2: Two and one-half(2 1/2) stories, not exceeding thirty-five (35) feet. b. SR-'): Two and one-half(2 1/2) stories, not exceeding thirty-five (35) feet. C. SR-4.5: Two and one-half(2 1/2) stories, not exceeding thirty-five (35) feet. d. SR-6: Two and one-half(2 1/2) stories, not exceeding thirty-five (35) feet. e. SR-8: Two and one-half(2 1/2) stories, not exceeding thirty 00) feet. 6. Interior yards. Interior yards shall not be computed as part of the site coverage. 7. Additional standards. See chapter 15.08, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards, provided that solar access setback requirements of sections 15.08.230 through 15.08.234 shall not apply to the R1-5.0 zone. 8. Maximum impervious surface coverage. Maximum impervious surface coverages are as follows a. SR-2: Forty (40) percent. b. SR-3: Fifty (50) percent. 6 C. SR-4.5. Sixty (60) percent. d. SR-6: Seventy (70) percent. I e. SR-8: Seventy-five (75) percent. f. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10,000) square feet. i 9. Zero lot lime and clustering. Minimum lot width, building setbacks, and minimum lot size regulations may be modified consistent with provisions for zero lot line and clustering housing development. I. Signs. The sign regulations of chapter 15.06 shall apply. i J. Offstreet prn king. The offstreet parking regulations of chapter 15.05 shall apply. I�. Development plan review. Development plan review is required when the property to be developed is classified as view property. (Ord. No. 2904, § 2, 2-20-90; Ord. No. 2958, § 5, 1-2-91; Ord. No. 3251, § 4, 11-21-95; Ord. No. 3268, §§ 11--17, t2-19-95; Ord. No. 3290, § 6, 4-18-95) SECTION Z. If any one or more sections, subsections, 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 five (5) days from and after its passage, approval, and publication as provided by law. 7 JEvl WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORMi ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11996. APPROVED: day of 11996. PUBLISHED: day of 11996. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the Citv of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK p:'ordtnanc�l>04020.ord 8 Kent City Council Meeting Date December 10. 1996 Category Consent Calendar 1. SUBJECT: PUBLIC DEFENDERS CONTRACT - APPROVAL 2. SUMMARY STATEMENT: Authorization for the Mayor to sign an agreement in substantially the same form as attached between the City of Kent and the law firm, Stewart & Goss, P.S. , for public defense services for indigent criminal defendants charged with criminal violations of City of Kent ordinances through 1998 . 3 . EXHIBITS: Contract 4 . RECOMMENDED BY: Operations Committee (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. 3E MEMORANDUM To: Council Operations Committee From: Brent McFall4J Subject: Indigent Defense Counsel Contract Date: November 25, 1996 Attached you will find a copy of the contract negotiated with Stewart and Goss, P.S. for indigent defense counsel. Stewart and Goss is the current contractor. The contract calls for a monthly fee of$16,500 for all indigent defense counsel services regardless of number including appeals. We have been very satisfied with the services of Stewart and Goss and recommend approval of the contract. RECOMMENDATION Recommend approval and authorize the Mayor to sign a contract with Stewart and Goss, P.S. for 1997 indigent defense counsel services. AGREEMENT FOR PUBLIC DEFENSE SERVICES THIS AGREEMENT is entered into by and between the CITY OF KENT, Washington, a municipal corporation, hereinafter referred to as "City", and STEWART and GOSS, P.S., hereinafter referred to as "Attorney". In consideration of the mutual agreements and covenants set forth herein, the parties agree as follows: 1. Scope of Services. The Attorney agrees to provide public defender services for indigent criminal defendants charged with criminal violations of Kent City ordinances (KCC Titles 8 and 9), as set forth in this Agreement. All indigent criminal defendants charged under ordinances of the City who qualify for appointed counsel or are appointed from the bench shall be referred to the Attorney. The Attorney shall enter a notice of appearance and provide legal representation for each of these defendants from the time of receiving notice or order of appointment through arraignment, if appropriate, pretrial hearings, trial and sentencing, review hearings as required by the judge, revocation hearings, and appeals. The Attorney shall ensure that a minimum of two (2) defense counsel are present at routine pre-trial calendars,jury status calendars, and bench trial calendars, whenever the court's caseload necessitates two (2) attorneys to effectively and efficiently manage the calendar, unless otherwise agreed by the parties hereto. The parties agree that this staffing requirement shall not apply during such times that the Kent Municipal Court operates more than one courtroom simultaneously, in which case, staff shall be allocated to the courts to provide the most efficient management of court calendars Attorney will provide the required services during the transition from Aukeen District Court to Kent's municipal court and provide defense counsel necessary to cover double set court calendars as they arise in the respective courts. 1 2. Defendant's Access to Attorney. The parties agree that client access to Attorney prior to appearance in court is paramount. Qualifying criminal defendants shall be provided access to the Attorney by means of a toll-free local from Kent telephone number made available by the Attorney. Attorney currently maintains offices at 15 South Grady Way, Renton, Washington, and will, at all times during the term of this agreement, maintain an office at such location or in South King County at such location as to facilitate client access for purposes of providing services required herein. Additionally, Attorney agrees to provide conference space within the City of Kent, and be available to said defendants at that location as necessary to consult with client. The Attorney shall see all in-custody clients at the Kent Corrections facilities within 48 hours of notification of appointment, excluding weekends and holidays, and will.return to said facilities to consult with client as necessary. The Attorney shall see all in-custody clients at the King County Jail within a reasonable period of time following notice of appointment and further shall see such clients in follow-up meetings as is necessary. 3. Applicant Screening. Determinations of indigency for purposes of eligibility for appointed counsel under this contract shall be determined by an independent screening process established by the City, and by direct appointments from the bench. Such appointment shall be in accordance with State law. Should the Attorney determine a defendant is not eligible for assigned counsel prior to the establishment of the attorney/client relationship, the Attorney shall promptly advise the City to reconsider the eligibility of that defendant. The City's determination of indigency shall be final and binding upon Attorney. 4. 24-Hour Telephone Access. The Attorney shall provide to the City Police Department the telephone number or numbers at which an attorney can be reached twenty-four hours each day for "critical stage" advice to defendants during the course of police investigations and/or arrest. Such telephone numbers shall be serviced by a telephone paging device or other similar monitoring method so that direct contact can be made with an attorney at any time of the day or night, seven days a week. 5. Associated Counsel. Any counsel associated with or employed by the Attorney shall have the authority to perform the services called for herein, and the Attorney may employ and/or associate counsel to assist him at the Attorney's expense. The Attorney and all counsel 2 employed or associated pursuant to this section shall be admitted to the practice of law in the State of Washington and be in good standing as such, pursuant to the rules of the Supreme Court of the State of Washington. The Attorney shall be responsible for performance of this Agreement, notwithstanding that other counsel may be employed or associated by the Attorney to perform services hereunder. The Attorney shall actively supervise associated and employed counsel throughout the term of this Agreement, and any renewals hereof, to ensure that all cases are promptly and effectively handled from the time of appointment until conclusion of the Attorney's representation of the client. The Attorney shall notify the City of any proposed association or employment of counsel for purposes of performing the services called for herein, and shall include in such notification information regarding the background, education, training, experience and qualifications of such counsel and any additional training and supervision that is proposed to be provided to such associated or employed counsel for purposes of performing the services called for herein. The Attorney shall be responsible for providing all such training and/or supervision at the Attorney's sole cost and expense. No legal intern shall perform the services called for herein without the prior approval of the City. Sufficient counsel shall be provided to represent defendants during vacation, illnesses and settings in more than one courtroom. 6. Term of this Agreement. This agreement shall commence on the 1 st day of January, 1997 and shall be in force and effect through December 31, 1998, unless terminated earlier pursuant to the provisions hereof. 7. Proof of Professional Liability Insurance. During the term of this agreement and any extension thereof, the Attorney shall secure and maintain a policy of comprehensive professional liability insurance with an insurance company licensed to do business in the State of Washington. Said policy shall (a) provide protection and indemnification against any and all claims arising out of the Attorney's representation pursuant to this agreement, and (b) have policy limits not less than One Million Dollars ($1,000,000.00). 3 S. Indemnification. The Attorney shall indemnify, defend, and hold the City, its elected officials, officers and employees harmless from any and all claims whatsoever arising out of performance of the Attorney's obligations pursuant to the Agreement, including but not limited to claims arising out of errors or omissions of the Attorney and/or by reason of accident, injury or death caused to persons or property of any kind occurring, except to the extent they are caused by the fault or neglect of the City. 9. Compensation. a. Payment for Services: The City shall pay the Attorney for services rendered under this Agreement as follows: The City of Kent shall provide to Attorney for services rendered under this contract the sum of One Hundred Ninety-Eight Thousand and 00/100 Dollars ($198,000.00) for the period from January 1, 1997 through December 31, 1997 to be paid at the rate of Sixteen Thousand Five Hundred and 00/100 ($16,500.00) per month. Attorney shall bill the City each month for services rendered herein. In the event this agreement is terminated pursuant to the provisions set forth in this Agreement, the Attorney's compensation hereunder shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b. Anneals: The Attorney shall handle appeals taken by indigent defendants, regardless of whether Attorney represented said defendant at trial. This service is to be included within the "scope of services" described in Section 1 of this contract and the "compensation" provided for in paragraph 9(a) above. C. Miscellaneous Costs: The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. d. Billin : The Attorney shall bill the City, in care of the City Attorney's Office, on the first day of the month, or the first work day thereafter: i. for the monthly installment set forth in subsection 9.a. above; ii. for all costs incurred by the Attorney under subparagraph 9.c., above; for the previous month or months. 4 The City shall make payments on or before the 20th day of the month following the month for which services were rendered with the first payment due February 20, 1997; r vide , that any billing not received by the City Attorney's Office on or before the first working day of the month shall not be due and payable until the next City billing period. At the end of every third month during the term of this agreement, Attorney shall provide the City a full accounting of all cases assigned and all in-court appointments made during that three month period, segregated for each month. 10. Discover- Provided. The City shall provide Attorney one (1) copy of all discoverable material concerning each assigned case. Such materials shall include, where relevant and requested, a copy of the abstract of the defendants driving record. 11. No Assignments or Subcontracts. No assignment or transfer of this Agreement nor of any interest in this Agreement shall be made by either of the parties, without prior written consent. 12. Attorney Conflict. In the event the representation of a defendant hereunder raises a conflict of interest such that the Attorney cannot represent the defendant, said defendant shall be promptly referred back to the City for further assignment. 13. Termination. a. For Cause: City or Attorney may terminate this Agreement immediately in the event the other party fails to perform its obligations as described in this Agreement and such failure has not been corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. b. For Reasons Beyond Control of Parties: Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's reasonable control such as but not limited to acts of nature; war or warlike operations; civil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage; or superior governmental regulation or control. Notice of termination pursuant to this subparagraph b. shall be given by the party terminating this Agreement to the other not less than thirty (30) days prior to the effective date of termination. 5 C. Without Cause: Either party for necessary budgetary reasons may terminate this Agreement without cause by giving written notice to the other party at least ninety (90) days prior to the end of any calendar year during the term of the Agreement. 14. Amendments. No modification or amendment of the provisions of this Agreement shall be effective unless in writing and signed by the authorized representatives of the parties hereto. 15. General Administration and Management - Reports. The City Attorney of the City of Kent shall have primary responsibility for the City under this Agreement, and shall carry out all functions in connection with this Agreement. All requests for compensation to the City under this Agreement shall be reviewed for final approval by the City Attorney. The Attorney shall submit quarterly reports to the City of the number of separate cases handled by the Attorney, and other related information on the cases handled as requested by the City. Such reports shall be submitted to the City within ten (10) calendar days from the end of the quarter. 16. Status of Attorney. This agreement calls for the performance of the services of the Attorney as an independent contractor and Attorney will not be considered an employee of the City for any purpose. The Attorney and/or its subcontractor(s) shall secure at its own expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, worker's compensation, and all other payroll deductions for the Attorney and its officers, agents, and employees and the costs of all business licenses, if any, in connection with the services to be performed hereunder. 17. Case Load Limits. The Attorney shall establish case load limits for attorneys assigned to perform services under this Agreement that ensure effective representation of each and every client. 18. Compliance with Laws. The Attorney shall be in compliance with applicable state, federal and city laws and regulations. 19. Additional Services. The Attorney may be requested to perform additional services beyond the original Scope of Services as defined in Section 1 of this Agreement. Such work will be undertaken only upon written authorization of the City based upon an agreed amount of compensation. 6 20. 1 Notices. All notices and other written documentation shall be sent to the parties at the following addresses unless otherwise requested in writing: City of Kent Attorney Mayor Stewart and Goss, P.S. City of Kent 15 South Grady Way, #600 220 4th Avenue South Renton, Washington 98055 Kent, Washington 98032 21. Entire Agreement. This instrument contains the entire Agreement between the parties and may not be enlarged, modified or altered except in writings signed by the parties and endorsed herein. 22. Duplicate Originals. This agreement is executed in duplicate originals. CITY OF KENT ATTORNEY Jim White, Mayor N. Scott Stewart Dated: Dated: C. Chip Goss Dated: ATTEST: Brenda Jacober, City Clerk Approved As to Form: Roger A. Lubovich, City Attorney QjXky Kent City Council Meeting Date December 10 1996 Category Consent Calendar 1. SUBJECT: STILLWATER SHADOWS FINAL PLAT FSU-96-23 - SET MEETING DATE 2 . SUMMARY STATEMENT: Setting January 7, 1997, as the date for a public meeting to consider the Stillwater Shadows Final Plat (FSU-96-23) . The preliminary subdivision was approved by King County and upon annexation of the Meridian area, the final plat came under Kent's jurisdiction. This plat is 4 .89 acres in size, consists of 21 lots, and is located at 132nd Avenue SE and SE 261st Street. 3 . EXHIBITS• None 4 . RECOMMENDED BY: Staff (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 Kent City Council Meeting Date December 10. 1996 Category Consent Calendar 1. SUBJECT: HUMAN SERVICES COMMISSION - APPOINTMENTS AND REAPPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor's reappoint- ment of Judie Sarff to continue serving as a member of the Kent Human Services Commission. Ms. Sarff's new appointment will continue until 1/1/2000. Confirmation of the Mayor' s appointment of Rose E. Galaz to serve as a member of the Human Services Commission. Ms. Galaz will represent the "User of Services" category and will replace Lucyle Wooden. She is a Kent resident and is currently attend- ing school to further her education. She is bilingual and as she seeks a career change, she is hoping to find a position where she can utilize her proficiency with the Spanish language. Ms. Galaz' appointment will become effective 1/1/97 and continue to 1/1/2000. Confirmation of Council President Christi Houser' s appointment of herself to serve as the non-voting City Council representative to the Kent Human Services Commission. This is a one-year term and will continue to 1/1/98 . 3 . EXHIBITS: Memos from Mayor White and Council President Houser 4 . RECOMMENDED BY: Ma or White and Council President Houser (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. 3G MEMORANDUM TO: CHRISTI HOUSER, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE: DECEMBER 3, 1996 SUBJECT: REAPPOINTMENT AND APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have reappointed Judie Sarff to continue serving as a member of the Kent Human Services Commission. Ms. Sarffs new appointment will continue until 1/l/2000. I have also appointed Rose E. Galaz to serve as a member of the Human Services Commission. Ms. Galaz will represent the"User of Services" category and will replace Lucyle Wooden. She is a Kent resident and is currently attending school to further her education. She is bilingual and as she seeks a career change, she is hoping to find a position where she can utilize her proficiency with the Spanish language. Ms. Galaz' appointment will become effective 1/1/97 and continue to l/1/2000. I submit this for your confirmation. JW:jb MEMORANDUM TO. MAYOR JIM WHITE CITY COUNCIL MEMBERS FROM: CHRISTI HOUSER, CITY COUNCIL PRESIDENT DATE: DECEMBER 3, 1996 SUBJECT: APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have recently appointed myself to serve as the non-voting City Council representative to the Kent Human Services Commission. This is a one year term and will continue to 1/1/98. I submit this for your confirmation. CH:jb v, f H Kent City Council Meeting Date December 10 . 1996 Category Consent Calendar 1. SUBJECT: COUNCIL ABSENCES - HOUSER AND CLARK� 2 . SUMMARY STATEMENT: Approval of an excuses/ absence for Councilmember Tim Clark from the November J , 1996, City Council meeting, as he was unable to attend, and approval of an excused absence for Council President Houser from the December 10, 1996, City Council meeting, as she is unable to attend. 3 . EXHIBITS: Memorandum from Councilmember Clark and Council President Houser 4 . RECOMMENDED BY:Councilmember Clark and Council President Houser (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. 3H MEMORANDUM TO: MAYOR JIM WHITE CITY COUNCIL MEMBERS FROM: TIM CLARK, COUNCILMEMBER DATE: DECEMBER 3, 1996 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the November 19, 1996 City Council meeting. I was unable to attend. Thank you for your consideration. TC:jb MEMORANDUM TO: MAYOR JIM WHITE CITY COUNCIL MEMBERS FROM: CHRISTI HOUSER, CITY COUNCIL PRESIDENT DATE: DECEMBER 3, 1996 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the December 10, 1996 City Council meeting. I will be unable to attend. Thank you for your consideration. CH:jb //J I Kent City Council Meeting Date December 10. 1996 Category Consent Calendar 1. SUBJECT: 1997 SAFETY AWARDS PROGRAM - RENEWAL 2 . SUMMARY STATEMENT: Approval of the 1997 Safety Award Program utilizing revised safety awareness publications and local vendors for safety incentives. 3 . EXHIBITS: Memorandum to Operations Committee with attachments 4 . RECOMMENDED BY: O erations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: General Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3I CHATWIN, KEN / KENT70/PR - HPDesk print . ---------------------------------- NTessage . Dated: 11/14/96 at 1207 . Subject : Safety Awards Program Renewal - 1997 Sender: Ken CHATWIN / KENT70/PR Contents : 2 . Part 1 . FROM: Ken CHATWIN / KENT70/PR TO: Kelli O' DONNELL / KENT70/OD CC: Sue VISETH / KENT70/PR Part 2 . Kelli : The following is a summery for submission to the Operations Committee for 1997 program and contracts renewal . Operations Committee Review Summary This presentation is for authority to renew this program effective 1-1-97, based on the cost estimates below as a comparison with 1996 costs and to secure the Council' s concurrence with proposed changes from the Safety Committee to amend our type of incentive awards . The changes to involve purchasing future awards from local business interests in the form of Gift Certificates . :ached is a copy of last years list of Safety Awareness posters and materials plus the Catalog Award Certificates which all together cost $29 , 271 . On December 31, 1996 we will have completed 2 & 1/2 years under this program, it really is time now to alter the type and amount of Safety Awareness materials and our approach. With the attached memorandum of understanding dated October 24 , 1996 I propose to stay within a budget increase of 5% for 1997 at $30 , 684 and still be able to physically reach more individual employees with specific Safety, Health, and awarness material all bearing a City of Kent logo . To accomplish the above I have reduced the type of materials and services we Publications from $29 , 271 down to $17, 511 . I were purchasing from Victor House then propose to go to Rodale Press with $3 , 648 and buy 400 copies each of two publications monthly with our logo, one publication for "body health & physical protection awareness articles" and the other "safety awareness checklist articles" . Thus employees I have not been individually reaching with the monthly pocket calendar, note pad, and safety message booklets, I will reach with these two new publications with sufficient copies left over to blanket all lunch rooms, all fire and police training stations and/or operation locations . These last two publications should work better and more effective for the administrations type operations of nearly all our departmental operations . The Safety Committee felt it was time to change our award system and their recommendation is that we move to a system of Gift Certificates purchased from local merchants . This will "share the rewards" with our employees as well as Kcal business concerns . We would propose to allocate the same monetary amount rn 1997 as we did in 1996 , $9 , 525 . We propose the same number of awards through the same three groups of award participants as last year; however, the Safety Committee has not received sufficient input nor decided how the award dollar amounts should be structured, requests range from one level amount to the same varieations as in the past . The total cost of next years awareness and awards program as proposed will be $30 , 684 as compared with this years at $29, 271, a 4 . 8% increase . We will be involving local business, we will reach more individual employees with M awareness material , all of which I view as a win/win for everybody. Thanks, Ken Chatwin e6/28/1991 03:49 2063372615 victor House Publications George V, CroN Vie President_ 14730 60M Ave.S.E., TyOO*r&(2p6)337 2615 Everett.WA 98206 Fcx(W6)337 9297 July 20, 1995 Mr. Ken Chatwin City of Keitt Safety System for 1996 The following will be provided by Genrge 17. Crory to the City of Kent for the period beginning January 1996 and continuing thru December 1996: 1. '14 Posters for twelve months each 2. 24 Table top mini ,posters for twelve months each 1. 24A Safety Postings for twelve months each 4. 12 Monthly meeting outlines 5. 400 Pocket CalPndara fro twelve months each 6. 250 additional perforated "D do I" cards for twelve months each 7. 12 videos, titles to he confirmed by you shortly. S. 200 scratch rards for twelve months each °fix 9, 20 Safety Briefs for twelve months each 10, 276 Awards as follows: 120 ® $18.75 level 77 0 $2.s.00 level 1 , 48 400.00 Wvul 0' 24 W $75 lewl 12 © $100.00 level Also,75 awards catalogs Total price $29,271, plus shipping and handling and applicable taxes. Thank you once more for your business. Gaurbe P. Crory . 3 'd SZ:ET SB/02iL0 :OZ La80L916iSi MOH 40101fl :WO13 October 24, 1996 RECEIVED Mr. Ken Chatwin 0 C T 2 9 1996 Risk Manager, City of Kent 220 4th Avenue South HUMAN RESOURCES Kent, WA 98032-5895 "1TM OF KENT Dear Ken: Once again thank you for your continued business. Below I have listed what we agreed on for your 1997 Safety Program. All will be with Victor House Publications except the Body Bulletin and Safety Check List which is through Rodale Press. Victor House Publications Code Service WS 14 Posters x 12 AS 24 Table Tents x 12 SB Safety Bulletins (Postings) x 12 SMO 1 Meeting Outline x 12 SV 20 Safety Vision (formerly Safety Leadership) x 12 CS 100 Scratch Cards x 12 SPC 400 Pocket Calendars x 12 GI 650 Incentives x 12 r Total investment for Victor House is $17,511. The PO Number is 1372/5,16�ISs JIl Rodale Press 400 Body Bulletins x 12 400 Safety Check Lists x 12 Total Investment for Rodale Press is $3,648. The total for your 1997 Safety Program is $21, .0. If you have any questions, please call me at (2W, 337-2615. ':lianlu again. Best Regards, I � r j; George P. Crory crcrauc Kent City Council Meeting Date December 10. 1996 Category Consent Calendar 1. SUBJECT: WORKERS' COMPENSATION CLAIMS HANDLING - APPROVAL 2 . SUMMARY STATEMENT: Approval of the contract with Scott Wetzel for Workers' Compensation Claim Administration with the fee schedule outlined. 3 . EXHIBITS: Memorandum from Operations Committee with attachment 4 . RECOMMENDED BY: O erations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: General Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3J MEMORANDUM Date: November 26, 1996 To: Kelli O'Donnell, Administration From: Ken Chatwin, Risk Manage Subject: Workers Compensation Claims Handling The actual renewal contract has not arrived form Scott Wetzel's Corporate headquarters, but I did have the local office summarize the fee schedule renewal terms so that I could present the renewal contract terms to the Operations Committee prior to January 1, 1997 renewal date. Very simply, I recommend to the committee that we renew the contract. The comparison to the expiring contract is as follows: 1. Administrative fee of$2,300 -No change 2. 90 hours of loss control services at$90 per hour-No change 3. Medical only workers compensation claims at $95 each-No change 4. Medical and Indemnity claims at$475 each- an increase of$15 each claim 5. Total contract deposit, subject to audit at 18 months after year end$25,850 payable quarterly. Last years deposit was the same $25,850 payable quarterly. Through ten months, we have had 70 total claims, if extended at the same average, we would have 84 total claims . In 1995, we had 90 claims. Awareness works, and we are still below the 103 claims we had in 1993 when we started the awareness and safety awards in 1994 cc: Sue Viseth, Director of Employee Services SERVICES , INC. Risk Management Planning and Support November 19,1996 Ken Chatwin Risk Manager City of Kent 220 South 4th Avenue Kent, Washington 98032 Re: City of Kent, Workers' Compensation Claim Administration Renewal 1/1/97-12/31/97 Dear Ken, Thank you for your choice of SWS to service the above Workers' Compensation program. We look forward to working with you and supporting your operations throughout the program term. Pending production of the formal contract, please allow us to confirm the agreed program fees as per the attached overview. We anticipate production of the Agreement shortly to be distributed from Scott Wetzel Services, Inc. Corporate office. Should you have any questions, please contact Anne Milam SWS/Federal Way or this office. Thank you. cerely, Judy Williams Account Representative cc: Peter Greenland, SWS-Tampa COR Jeff Aguiar, SWS-Tampa COR Anne Milam, SWS-Federal Way P.O. Box 172950 •Tampa, Florida 33672-2950 101 E. Kennedy Blvd., Suite 2980 •Tampa, Florida 33602 Phone: 813-229-RISK (7475) • 800-426-5990 • Fax:813-229-9922 FEE AGREEMENT BETWEEN SCOTT WETZEL SERVICES, INC., and City of Kent For the Service Term Effective 1/l/97-12/31/97. A service term ADMINISTRATIVE FEE of Two thousand three hundred Dollars ($2,300), plus newly reported per claimant fees per line as follows. The above fees will be subject to a service term MINIMUM and DEPOSIT FEE of Twenty-five thousand eight hundred fifty Dollars ($25,850), payable in equal quarterly installments in advance. Four hundred seventy-five dollars ($475) for each workers' compensation indemnity. Ninety-five dollars ($95) for each workers' compensation medical only. For purposes of fee calculation newly reported claims will include dates of loss during the service term reported to SWS for service, subject to the fee adjustment provisions below. Included in the administrative fee is up to 90 hours of Loss Control Services at an hourly rate of Ninety-five dollars ($95). Loss Control Services in excess of 90 hours at an hourly rate of One hundred five dollars ($105). The above fees will be adjusted on the basis of SWS database records valued at service term expiration and quarterly thereafter with a final fee adjustment calculation performed on the basis of SWS data base records valued Eighteen, 18 months following service term end. Claims with dates of loss during the service term initially reported after 18 months following term end, would be the subject of additional fees as then agreed. - Loss adjustment expense including: Independent investigation and adjustment costs, which are payable from the involved claim files. In the event of termination or non-renewal of any major operation or exposure, or program overall, SWS would be available to provide continuing claims administration services for pending claims associated with the terminated or non-renewed exposure(s), for fees to be determined at that time. All other provisions remain as per the expiring program. -END- Kent City Council Meeting Date December 10, 1996 Category Consent Calendar 1. SUBJECT: ACCOUNTS RECEIVABLE WRITE-OFF - APPROVAL 2 . SUMMARY STATEMENT: As recommended by the Operations Committee at their December 4 meeting, authorization to write- off $5, 084. 06 of miscellaneous accounts receivable (primarily uncollectible 1995 traffic accident accounts involving City property) and $10, 563 for parking violations (uncollected amounts for 1992 and 1993) . Per the State auditor, accounts deemed uncollectible should be removed from the books annually. 3 . EXHIBITS: Memos from May Miller, Director of Finance; Patty Roseto, Accounts Receivable; and Margaret Yetter, Court Administrator 4 . RECOMMENDED -BY: Operations Committee (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. 3K Memo Date: November 26, 1996 To: Kent City Council From: May Miller, Director of Finance Subject: Accounts Receivable Write-Off Per the State auditor, we should remove accounts deemed uncollectible from our books annually. A removed account can still be collected even though it is unlikely. Based on this, I am requesting authorization to write-off$5,084.06 in miscellaneous accounts receivable. These are primarily traffic accident accounts involving damage to City property. We collect on accidents where insurance is involved, but these are 1995 accounts that are deemed uncollectible. In addition, we are asking to write-off$10,563 for parking violations. These are uncollected amounts for 1992 and 1993 involving 475 cases. These cases were turned over to Puget Sound Collection and are the ones that are unlikely to be collected because they are three to four years old. The court has changed to Renton Collection agency. The court recommends keeping their other outstanding accounts on the books at this time. Margaret Yetter, Court Administrator, will review the court collection process and status. Council Action: Authorize write-off of$5,084.06 of miscellaneous accounts receivable and $10,563.00 in parking citations. To: Tom Vetscli i From: Patty Roseto Date: Friday, November 22, 1996 Subject: Council Approved Write-offs This year the Council approved write-off request for miscellaneous accounts receivable has taken a slight jump. Tlus increase is due to an increase in the uncollectible receivables associated with traffic accidents within the city limits of Kent. If the individual responsible for the accident carries insurance, collection is easy. Unfortunately not everyone who drives carries insurance and in a lot of cases individuals who do not carry insurance on their vehicles are ill prepared to pay for costs associated with an accident. Payment arrangements are always an option, however in most cases these individuals lack follow through and we end up spending substantially more than what we collect. I have had numerous agreements with both Allstot and McKenney and neither has followed through with even one payment. The following is a summary of the write-off requests for the last five (5) years: 1992 $53,351.59 1993 17,574.83 1994 8,520.11 1995 1,846.25 1996 5,084.06 The attached bar chart provides you with a visual breakdown of the last five (5) years. I have also attached a copy of our current collection procedures as well as a detailed list of the accounts to be written off along with a brief description of the service rendered by the City. If you need any additional information please let me lznow. Thank you. The City's Collection Process (Miscellaneous Invoices) 1. Invoices are mailed throughout the month. Invoices are all due on the 15th (fifteenth) of the following month. 2. Each month on or about the 15th (fifteenth) of the month a collection letter is sent out on each delinquent account. The letters vary in intensity based on the level of delinquency. If a phone number is available then the customer may be called. 3. If after several attempts we have still not received payment from the customer the department that issued the invoice is notified. At this point the issuing department may choose to write a letter or call the customer directly. 4. The Attorney's Office is notified of delinquent invoices of significant amounts. If the Attorney's Office deems the invoice collectable, they may talze the individual or company to court to recoup the invoiced amount. attitude I Accounts Receivable Write-offs (by year) 55000 ---------------------------------- 50000 -- r -- ------- 45000 --- 35000. 1-- -------------------------------- o30000 ------------------------------------------------------ --- 25000 +-- ------------------------ --------------------------------- 20000 ?-- -------- ------- --------------- ----------- 15000 '--- ------ ------------- ----------------------------- - i - -------- 10000 -- 5000 0 1992 1993 1994 1995 1996 Year Write-offs 1996 Fun Org Date Customer Amount Service Invoice 001 5528 20-Jun-95 Allstot, Keith E 1,217.60 Accident 15068 001 5530 03-Jul-95 Ballard, Donald 128.87 Accident 15203 001 5530 03-Jul-95 Allstot, Keith E 171.40 Accident 15207 001 5530 07-Aug-95 Hornsby, Bobby Gene 100.75 Accident 15372 001 5528 17-Apr-96 McKenney, J 3,314.96 Accident 16032 Accidents: 4,933.58 001 6722 16-Oct-95 Stinson, William 24.00 N S F Charge 15478 N S F: 24.00 001 5530 17-Nov-93 Robison Construction 126.48 Replace Steel Plate 13479 Misc Services: 126.48 Total 1996 Write-off: $5,084.06 The City's Collection Process (Miscellaneous Invoices) 1. Invoices are mailed throughout the month. Invoices are all due on the 15th (fifteenth) of the following month. 2. Each month on or about the 15t1i (fifteenth) of the month a collection letter is sent out on each delinquent account. The letters vary in intensity based on the level of delinquency. If a phone number is available then the customer may be called. 3. If after several attempts we have still not received payment from the customer the department that issued the invoice is notified. At this point the issuing department may choose to write a letter or call the customer directly. 4. The Attorney's Office is notified of delinquent invoices of significant amounts. If the Attorney's Office deems the invoice collectable, they may talze the individual or company to court to recoup the invoiced amount. i 1996 Write -offs By Category 5000 4500 --------------------- --- ------- ---- - - ----- 4000 T---- ----------------------------------------------- i ----------- ---- - ------------------------------ C: 3000 7---- I 2500 ---- -------------------------------------------------1 2000 - - --C ------------------------------------------------ -- ------- ---- - ----------- --- ` -------- 1000 ----- -- -- - -- - - ---- - - - - - - - - --------- ------------------ 500 - ----- 0 I ` Accidents NSF I � Misc Services Reason -QJGo„rt ar,Y�'N Kent Municipal Court r Robert B. C. McSeveney,Judge 302 W. Gowe Phone 813-2070 a04�° �• Kent, WA 98032 Fax 813.2069 Glenn M. Phillips, Commissioner Margaret M. Yetter, Administrator TO: May Miller FROM: Margaret Yetter DATE: November 25, 1996 RE: Write-offs for Kent Municipal Court I am recommending we write-off all 1992 and 1993 parking tickets. This is 475 cases totaling $10,563.00. The parking tickets were entered into the Traffic Violations Bureau and were not converted to either CITE or DISCIS. A print out of these cases is attached. At this time, I do not recommend writing off any cases that are in our current system (DISCIS) for the following reasons: - They are all currently in collections. - For all traffic related offenses,the court has issued ftas, which suspended an individuals drivers license. The court can re-issue ftas after 5 years allowing a greater chance of collection when individuals are due to renew their drivers license. - Parking tickets have been sent to collections as of October 1996. The number of cases and dollar amounts currently with Puget Sound Collections are: Total 1915 cases $1,142,151.11 Effective June 20, 1996, Kent Municipal Court switched to Renton Collections and their current number of cases and dollar amounts are: parkine 362 cases $9,193.00 Infractions 4431 cases $1,838,377.48 Criminal 1224 cases $312,825.85 TOTAL 6017 $2,160,396.33 KENT MUNICIPAL COURT COLLECTION PROCESS (Traffic Infractions) 1. An individual will receive a traffic ticket from an officer or After an investigation, an officer will write a ticket for an individual and forward the ticket to the court. The court will then mail the defendant their copy of the ticket. 2. The defendant has thirty (30) days to pay the ticket or request a hearing. 3. If payment or request for hearing is not received within thirty (30) days of filing,the court orders an FTA (Failure to Appear). An FTA adds an additional penalty of$47.00 and notifies Department of Licensing to suspend the drivers license. 4. The ticket is then marked for collections and a notice is mailed. The defendant has thirty (30) days to pay the original penalty plus the $47.00 FTA fee to the court. 5. If payment in full is not received within thirty (30) days the case is referred to Renton Collections and all payments must be made to their agency. 6. All unpaid tickets (FTA) must be paid prior to renewing or reinstating the drivers license. (Parking Tickets) 1. The driver of an illegally parked vehicle will receive a ticket, usually attached to the windshield of the vehicle. 2. The registered owner or the individual that was driving the vehicle has twenty (20) days to pay the ticket or request a hearing. 3, If payment or request for hearing is not received within thirty (30) days of filing, the ticket is marked for collections and a notice is sent to the registered owner. 4. The individual has thirty (30) days to pay the ticket at the court or the case is then referred to Renton Collections and all payments must be made to their agency. 5. If two (2) or more parking tickets are assessed to the same vehicle, a tag is put on the vehicle license renewal. These tickets must be paid before their vehicle may be relicensed. KENT MUNICIPAL COURT COLLECTION PROCESS (Criminal) 1. When a defendant is 30 days delinquent on their time pay account the court schedules a review hearing. Notice of the hearing is mailed to the defendant. 2. If the defendant does not appear for the hearing the judge will either: * Issue a bench warrant for failure to appear for the review or * Send to amount owing on the fine to collections. In either situation, if the case is criminal traffic,the court will issue an fta and notify Department of Licensing to suspend the drivers license. 3. When the fine is sent to collections a notice is mailed to the defendant. 4. The defendant has 30 days to pay the fine at the court or the case is then referred to Renton Collections and all payments must be made to their agency. Kent City Council Meeting Date December 10. 1996 Category Consent Calendar 1. SUBJECT: 1996-97 "WORKING TOGETHER" DRUG ELIMINATION GRANT CONTRACT - APPROVAL 2 . SUMMARY STATEMENT: Approval for the Mayor to sign the 1996- 97 "Working Together" Drug Elimination Grant contract to furnish services to the residents of the King County Housing Authority communities of Valli Kee Homes and Springwood Apartments. The contract has been approved and signed by the City Attorney, and was approved by the Public Safety Committee on 12/3/96 (3-0) . 3 . EXHIBITS: Contract 4 . RECOMMENDED BY:Staff and Public Safety Committee 12/3/96 (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. 3L f2l KING COUNTYHOUSING AUTHORITY AUTHORITY Nov 1 1996 SOUTHEAST AREA 27360 - 129TH PLACE SE • KENT, WASHINGTON 98031-8922 Kent City Attorney PHONE(206)631.3520 FAX(206) 630-0787 November 5, 1996 �ubl � S�fy rc�r�e C e Kent Police Department !lI j� _ Chief Ed Crawford 1 z13 r J IC 220 Fourth Avenue South Kent, WA 98032-5895 Dear Chief Crawford, Enclosed are two original copies of the 1996-1997 "Working Together"Drug Elimination Grant contracts for your signature. Please sign both copies and return to me, Deanna Briese, at 27360 - 129th Place SE;Kent, Washington 98031. They will then be signed by our Executive Director and an original signed copy will be returned to you f or your files. I apologize for the delay in submitting contracts to you, but this year due to a request from our Kent Resident Councils the agency scopes of work needed to be submitted to them for approval. They had several language changes that they wanted incorporated into the contract scopes of work which took some time to negotiate. The result is our Council agreed upon language. Thank you for your patience. Our new 1996-1997 grant begins on December 1, 1996. Hopefully, you will be able to sign and return your contracts before that date. Work will continue regardless. We cannot reimburse for invoices, however, until we have a signed contract. So, they definitely must be in my hands by January 1 to be paid for December. If you have any questions do not hesitate to call me at 639 3439. I am very pleased to again be working with your agency and staff and look forward to another productive year. Sincerely, ig Deanna L. Briese Drug Elimination Grant Coordinator Contract Number D-17 CONTRACT FOR SOCIAL SERVICES Kent Police Department This Agreement is entered into by and between the Housing Authority of the County of he "Housing Authority", and the City of Kent, hereinafter King, hereinafter referred to as t referred to as "the Agency", whose principal office is located at 220 Fourth Avenue South Kent. WA 98032-5895. WHEREAS, the Housing Authority has determined the need to have certain social services performed for its residents but does not have the manpower or expertise to perform such services, and WHEREAS, the Housing Authority desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agency_ The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply with all Federal, State and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection herewith. 2. Compensation and Method of Payment. The Housing Authority shall pay the Agency for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $152 481.00. 3. The Asencv Budset. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget itemized on Exhibit B. The Agency shall request prior approval from unds amonhe mgub honey whenever the Agency desires to amend its budget by transferring gthe dget categories. 4. Duration of Agreement. The Agreement shall be in full force and effect for a period commencing December 1, 1996, and ending November 30, 1997, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. The Agency and Housing Authority agree the Agency is an independent Contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create a relationship of employer and employee between the parties hereto. Neither the Agency nor any employee of the Agency shall be entitled to any benefits accorded Housing Authority employees by virtue of the services provided under this Agreement. The Housing Authority shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Agency, or any employees of the Agency. 6. Section 3 Clause A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 as amended 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the area of the Section 3 covered project and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the Section 3 covered project. 7. Indemnification. The Agency shall indemnify, defend and hold the Housing Authority, its officers, officials, and employees, from any and all claims, injuries, damages, losses. or suits including attorney's fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the negligence of the Housing Authority. 8. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of this Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occupance/aggregate for personal injury and property damage. Said policy shall name the Housing Authority of the County of King as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days' prior written notice to the Housing Authority. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/ aggregate. For the purpose of this paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. Housing Authority of the County of King Enforcement Contract Page 2 of 4 C. Certification of coverage as required by Paragraphs A and B above shall be delivered to the Housing Authority within fifteen (15) days of execution of this Agreement. D. The Housing Authority acknowledges, accepts and agrees that the City of Kent is a member of the Washington Cities Insurance Authority (WCIA), a self-funded pool that provides liability protection for a number of municipalities in the State of Washington and that Kent's continued membership in WCIA shall constitute full satisfaction of the insurance requirements of subparagraphs 7 A,B,C above. A synopsis of Kent's coverage with WCIA is attached hereto as Exhibit D. 9. Record Keeping and Reporting. A. The Agency shall maintain accounts and records, including personal. property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the Housing Authority to ensure proper accounting for all funds contributed by the Housing Authority to the performance of this Agreement and compliance with this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the Housing Authority. C. The Agency shall submit monthly program accomplishment reports (Exhibit C) which compare actual vs. projected accomplishments and expenditure rates. Projected performance measures and expenditure are listed on Exhibit C. This report shall be submitted monthly, along with the Agency's request for reimbursement which shall be submitted on The Agency's letterhead. 10. Audits and Inspection. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the Housing Authority or any other government agency so authorized by law during the performance of this Agreement. The Housing Authority shall have the right to an annual audit of the Agency's financial statement and condition. 11. Termination. This agreement may at any time be terminated by either party by giving the other party thirty (30) days written notice of intention to terminate the same. 12. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, mental status or the presence of any sensory, mental or physical handicap. Housing Authority County of King Enforcement Contract Page 3 of 4 13. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the service contemplated by this Agreement without the written consent of the Housing Authority. 14. Entire Agreement. This agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of the parties hereto. Either party may request changes in the Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 15. Notices. Notices to the Housing Authority of the County of King shall be sent to the following address: Housing Authority of the County of King 15455 - 65th Avenue South Seattle, WA 98188 Notices to the Agency shall be sent to the address provided by the Agency upon signature line below. DATED this day of , 1996. HOUSING AUTHORITY OF THE THE CITY OF KENT COUNTY OF KING BY: NAME: Jim White EXECUTIVE DIRECTOR, JIM WILEY TITLE: Mayor ADDRESS: 220 Fourth Avenue South ATTEST/AUTHENTICATED: Kent, WA 98032-5895 ATTEST: APPROVED AS TO FORM: OFFICE OF THE HOUSING AUTHORITY ATTORNEY z4z TO FORM: BY: Housing Authority of the County of King Enforcement Contract Page 4 of 4 EXHIBIT A -- SCOPE OF WORK KENT POLICE DEPARTMENT •Scope of Services to be Provided by Agency: The Agency shall furnish the residents of the Housing Authority of the County of King communities of Valli Kee Homes and Springwood Apartments, drug elimination services, employing the community policing concept, including, but not limited to, the following: The Kent Police Department will operate a police substation on site in Springwood Apartments staffed by two full time police officers providing security and protective services. The substation will serve residents of both Springwood Apartments and Valli Kee Homes. The officers will be responsible for on-site law enforcement by foot, bicycle and car patrol and will collect data on crime activities. The officers will intervene in problem-solving efforts with individuals and the resident councils to prevent crimes from occurring. The officers will attend all "Working Together" Team meetings and coordinate efforts with other members of the Team. The Officers will communicate regularly with the housing management staff to assist residents in need of services. In addition, the officers will do other community outreach efforts with special attention to youth activities. The Kent Police Department agrees that it will not reduce its current level of police services to the public housing developments, particularly in the areas of community policing, patrol, criminal investigations, records, dispatch and special operations. The Kent Police Department will cooperate with King County Housing Authority to eliminate drug- related crime in Housing communities based upon the Drug Elimination Grant written proposal as the Plan of Operations to establish the manner and method of performance for community police services to be provided. The Kent Police Department will participate in semi annual program evaluation which will include review and evaluation by resident council or resident review committees based on program goals as stated in the Drug Elimination Grant written proposal. Either party to the contract may amend the scope of the plan of operations through written request for an amendment. The Executive Director of the Housing Authority and the Kent Police Chief shall provide final determinations regarding the establishment of an amendment to the plan of operations. Activity/Service to be Provided by the Kent Police Department A. Police Substation Per Site Activity/Service to be Provided Number served per month 1. Resident Contact (Walk-in's &Telephone) 20-100 Residents 2. Walking/ Bicycle Patrols Number of Patrols per each site 3. Community Policing Contacts Springwood Apartments 100 people Valli Kee Homes 25-35 people 4. On-view Contacts / investigations 10-20 EXHIBIT A -- SCOPE OF WORK KENT POLICE DEPARTMENT . Page 2 5. Self-initiated field Activities (prevention/ 10-20 per substation mediation/ intervention) 6. Enforcement Contacts/ Patrol Assists/Traffic / As they occur Reports/Follow Ups etc. B. Crime Prevention Education & Services Number programs per month Activity/Service to be Provided Coordinated with KEEP & 1. Block-watch Community Resident Councils Springwood 1 per Quarter per site Valli Kee 1 per Quarter per site 2. Home Security Surveys targeted 1-; per Quarter Springwood 1-3 per Quarter Valli Kee Coordinated with KEEP & ;. Childhood Safety Program Community Resident Councils Springwood 2 per Year per site Valli Kee 2 per Year per site Coordinated with KEEP & 4. Youth Prevention Activities Community Resident Councils Springwood 2 per Quarter per site Valli Kee 2 per Quarter per site 5. Coordinate Community Policing Prevention On-going activities with and support the activities of on site recreation, social services programs and KEEP & Community Resident Councils 1 per Semester per site 6. Housing Staff Crime Prevention, Security P & Safety Education Programs 7. Provide advice in the planing and implementation As requested of other grant-funded security programs with Housing Authority safetyion and 1 per quarter g. Notices for crime prevent will be placed in [a] The Voice South King County page, [b] the KEEP newsletter, and [c] on the recreation center bulletin board EXHIBIT A — SCOPE OF WORK KENT POLICE DEPARTMENT Page 3 C. Community Services Number served per month Activity/Service to be Provided er site or as requested 1. Attend Resident Council and/or KEEP Meetings 1 per month p and maintain communication lines with resident leaders 2. Attend Housing Management Staff 1 per month as necessary meeting As needed 3. New Program Development As needed 4. Resident Consultations - 1 on 1 5. Interface with other public agencies providing As needed services to residents To be com leted by June 1997 6. Work with on-site Drug Elimination and P agency staff, and resident council representatives to develop and maintain a grievance process for resolution of conflicts from DEG activities to be reported in monthly 7. Encourage resident interest and recruit resident On reports) P volunteers, where appropriate, for employment progress and training opportunities in police occupations D. Reporting to Housing Authority Type and Frequency of Reporting Activity/Service to be Provided yp Submitted with invoices to DEG 1. Prepare monthly progress reports Coordinator 2. Maintain a calendar of officer's schedules On-going in the Housing Office 3. Report to Housing management concerns and As needed incidents of drugs and drug related crime occurrences and non-emergency criminal activities in the communities. Coordinate crime reduction efforts 4. Provide requested public information which deals As requested with criminal activity in the Housing Authorities communities. As needed 5. Respond to written requests for services or information 6. Provide quarterly reports and semi annual crime As requested by DEG Coordinator data for Semi Annual and End of Year Reports including success stories and suggestions for improving the program EXHIBIT A — SCOPE OF WORK KENT POLICE DEPARTMENT Page 4 In addition, Kent Police Department agrees to attend meetings of the Drug Elimination Project TEAM as called by the Housing Authority each month. Kent Police Department further agrees to be part of the information and referral network established in the Drug Elimination Project. EXHIBIT B -PROJECT BUDGET AND PAYMENT SCHEDULE 1996-1997 Kent Police Department Project Budget: Amount Allocated Services Provided: Enforcement: 2 - Step A Police Officers $148,531.00 Police Bicycle repair S 800.00 Telephone $ 1,500.00 Printing/ Mailing S 1,000.00 S 500.00 Supplies S 150.00 Camera Total not to exceed: S152,481.00 Pavment Schedule Amount: Date: December 31, 1996 S12,706.75 January 31, 1997 S12,706.75 February 28, 1997 812,706.75 March 31, 1997 S12,706.75 April 30, 1997 812,706.75 May 31, 1997 812,706.75 June 30, 1997 812,706.75 July 31, 1997 $12,706.75 August 31, 1997 812,706.75 September 30, 1997 S12,706.75 October 31, 1997 812,706.75 November 30, 1997 S12,706.75 Total 8152,481.00 EXHIBIT C -- REPORTING REQUIREMENTS Housing Authority ten days after the Invoice: The Agency shall submit an invoice to the close of each month. The invoice format is attached and labeled in Exhibit C-1. s defined in this Agreement, the Agency Client Data Report: For each service category a shall submit a "Client Data Report: within 10 working days after the end of each calendar month. The Client Data format is attached as Exhibit C-2. Monthiv Narrative Report: The Agency shall submit a "Monthly Narrative Report" a days after the end of each calendar month. The Monthly Narrative within 10 working Report is attached and labeled Exhibit C-3. Semi Annual and Annual Evaluation ReQorts: The Agency sh after June submit, 1997 and a Semi Annual and Annual Evaluation Report within ten working Y November 30, 1997. The Semi Annual and Annual Evaluation Repof port or jt will be provided by the Housing Authority and will include a summary ect expenditures per the attached report. Monies g: The Housing Authority will request a scheduled visit to the Agency from time to time to monitor contract progress. member of the "Working Coordi n: The Agency will be expected to work-as a team t" -- attend Team Meetings monthly," do appropriate information and Together Projec referral for clients with other team members, and coordinate efforts with Housing Authority on-site management. EXHIBIT C-1 INVOICE, WORKING TOGETHER PROJECT Name and Address of Contractor Kent Police Department 220 Fourth Avenue South Kent, WA. 98032-5895 Contract Number: D-17 Amount Requested: for services provided during the month of 1996-1997. Total Amount of Contract Budget: $152 481.00 Reimbursement to date: Requested this month: Balance: . Name: Title: SIGNATURE: Date: AGENCY # 175-4230-0-105-080 EXHIBIT C-2 CLIENT DATA AGENCY NAME MONTH OF SERVICE: SERVICE: SUMMARY: Describe the number of people assisted by the project. ADULTS: MALE FEMALE YOUTH: MALE FEMALE ETHNICITY: Caucasian Asian/Pacific Black Native American Hispanic Other East European Unknown LOCATION: SPRINGWOOD GREEN RIVER HOMES CASCADE FIRWOOD CIRCLE VALLI KEE BURNDALE HOMES PARK LAKE I PARK LAKE II COLLEGE PLACE EASTSIDE TERRACE EXHIBIT C-3 NARRATIVE REPORT AGENCY: MONTH: 1. Describe highlights of program activities: (Use additional paper if necessary.) 2. Performance standard (s) not on target and explanation. 3. Major problems identified and solutions / corrective actions. 4. Other comments. Kent City council Meeting Date December 10, 1996 Category Consent Calendar 1. SUBJECT: O ENDDMEENNT TO P - JAIL SERVICES CONTRACT WITH THE CITY NORMAN 2. SUMMARY STATEMENT: Approval for the Mayor to sign an amendment to the jail services contract with the City Of Normandy Park to expand jail services to include Electronic Home Detention and Work Release Programs for those individuals who would qualify for the programs. 3 . EXHIBITS: Contract amendment 4 . RECOMMENDED BY:Staff and Public Safety Committee 12/3/96 (3-0) (Committee, Staff, Examiner, commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. ESPENDITIIRE REQUIRED: $ SOURCE OF. FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3M A G E N D A B I L L BUSINESS OF THE CITY COUNCIL CITY OF NORMANDY PARK SUBJECT: Authorization for FOR AGENDA OF: City Manager to sign the amended contract for Jail DEPT OF ORIGIN: Public Safety Services to include Home Detention, and Work Release. DATE SUBMITTED: CLEARANCES: [X] LEGAL ATTACHMENTS: Contract for [ l CLERK/TREASURER Jail Services. [ ] PUBLIC WORKS Flyer on questions most [X] PUBLIC SAFETY commonly asked about Home APPROVED FOR SUBMITTAL Detention, & Work Release BY THE CITY MANAGER EXPENDITURE AMOUNT ( ] BUDGETED REQUIRED: 0 REQUIRED: 0 [ ] NON-BUDGETED crnnlRy STATEMENT The City of Kent has provided jail services for the City of Normandy Park. The City of Kent has offered to expand this service to include Home Detention, and Work Release Programs for those incarcerated persons that qualify for these programs. The cost of involvement into Work Release, and Home Detention programs is the responsibility of the person being incarcerated. In the event of an indigent person being sentenced to jail time the City of Normandy Park may choose to pay for that person to enter into this program in lieu of the standard 158.00 per day cost. The cost of these programs is outlined in the attached brochure. There is a one time fee of $25.00 to enter into either of the Work Release or Home Detention Programs. There is a daily fee of $17.00 for involvement in the Electronic Home Detention Program, and $22.00 for the Work Release Program. The proposed contract follows the prior contract with the additional information dealing with Home Detention, and Work Release. The City Attorney has reviewed this proposed contract and has approved the contract as to form. Staff recommends the signing of the proposed contract, and entering into this amended agreement with the City of Kent to provide Work Release and Home Detention Services to Normandy Park prisoners. RECOMMENDED ACTION I move to authorize the City Manager enter into a signed contract with the City of Kent to provide jail services, including Home Detention and Work Release Programs, to the City of Normandy Park.^ CONTRACT FOR JAIL SERVICES In accordance with the Interlocal Cooperation Act (RCW Chapter 39 . 34) and the City and County Jails Act (RCW Chapter 70 .48 , as amended) , the City of Kent, Washington, a municipal corporation, hereinafter referred to as "City of Kent" , and the City of Normandy Park a municipal corporation of the State of Washington, hereinafter referred to as "Purchaser" , hereby agree to enter into this service contract as follows : I . DEFINITIONS Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this contract . A. "Kent Corrections Facility" means a place, owned and operated by the City of Kent primarily designed, staffed, and used for the housing of adults charged with a criminal offense; for the punishment and correction of offenders after conviction of a criminal offense ; or for confinement and/or holding during a criminal investigation of a civil detention to enforce a court order . As of the date of the execution of this agreement , "Facility" includes the City of Kent Corrections Facility, at 1230 Central Ave . So . , Kent, Washington, operated by the City of Kent pursuant to this contract . B . "Prisoner" means a person held when a charge of Purchaser municipal corporation is the principal basis for confining that person (e .g. , the person is confined by reason of an ordinance violation - pre-trial or post-trial) . It includes, but is not limited to, (a) a prisoner arrested by and booked on behalf of a police officer of Purchaser by reason of an "open charge" or investigation of a felony; or a prisoner detained for Purchaser after a City of Kent "hold" has been released; (b) it includes an individual arrested by a police officer of Purchaser and booked and housed in the Kent Corrections Facility. C. "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school . Participation in work release shall be condition upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility. As defined by the Sentencing Reform Act of 1981 (RCW Chapter 9 . 94A, as amended) . D. "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance . As defined by the Sentencing Reform Act of 1981 (RCW Chapter 9 . 94A, as amended) . II . JAIL AND HEALTH SERVICES The City of Kent shall accept for confinement and/or holdinc in the Facility those persons who are prisoners as defined in Article I and shall furnish Purchaser with the Facility, booking, and custodial services , and personnel for the confinement of Page 1 of 4 Purchaser' s prisoners at least equal to those provided by the City of Kent for confinement of its own prisoners . The services provided herein shall include basic medical care, as defined by Washington State Custodial Care Standards (W.A.C. #289-20) except hospitalization, prescriptions, surgical and dental care which Purchaser agrees to bear. The City of Kent shall furnish to the Purchaser all Facility medical and health care services required to be provided pursuant to Federal or State law and regulations promulgated thereto . III . COMPENSATION Purchaser will pay the City of Kent a maintenance charge as follows : A. The City of Kent hereby authorizes the use to the Purchaser for the confinement and/or holding of persons booked and held by the Kent Corrections Facility (KCF) , subject to available space and facilities as may be determined solely by the City of Kent . It is acknowledged and agreed that access to the KCF is on a nonexclusive space available basis and further that the City of Kent is contracting with and retains the right to contract with other cities for similar access to KCF during the term of this contract . B . The Purchaser agrees to pay to the City of Kent the sum of $58 per day per prisoner per 24-hour period calculated from initial booking time, (or any portion of a 24-hour period) . If any of the Purchaser' s inmates are being held for other jurisdictions then the cost to house them will be shared equally. C. The Purchaser agrees to pay to the City of Kent the sum of $17 . 00 per day for Electronic Home Detention and $22 . 00 per day for Work Release if the prisoner is unable to pay. In addition the Purchaser agrees to pay to the City of Kent the sum of $25 . 00 for the application .fee if the prisoner is unable to pay- D . Payment of these cost will be made promptly and to the City of Kent within 30 days after the monthly statement is received. E , Each party may examine the other' s books and records to verify charges . If an examination reveals an improper charge, the amount shall be applied on the next month' s and subsequent month' s statements until the credit has been exhausted. This is provided that any unused credit which exists at the time of the termination of this contract shall be refunded within 20 days of the date of termination . IV. TERM This contract shall take effect and shall supersede and terminate any other Facility use agreement or contract existing between the City of Kent and Purchaser . This contract shall be in effect through 1997 and then automatically renew from year to year unless otherwise modified or terminated Page 2 of 6 2 as provided herein. This contract may be terminated by either party upon 60 days written notice from the party desiring termination. V. MODIFICATION This amendment shall be modified only upon mutual consent of the parties, in writing, signed by both parties . VI . INDEMNIFICATION, LITI_GATION A. Purchaser agrees to defend, indemnify and hold harmless the City of Kent and its officers , agents, and employees, or. any of them from any and all claims, actions, suits , liability, loss , cost, expenses , and damages of any nature whatsoever by reason of or arising out of any act or omission of Purchaser, its officers , agents, and employees , or any of them in arresting, detaining, charging or transporting persons . In the event that any suit based upon such a claim, action, loss, or damage is brought against the City of Kent, Purchaser shall defend the same at its sole cost and expense ; provided that the City of Kent retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City of Kent, and its officers, agents, and employees, or any of them, or jointly against the City of Kent and the Purchaser and their respective officers, agents , and employees , or any of them, Purchaser shall satisfy the same . B . The City of Kent shall defend, indemnify and hold harmless Purchaser and its officers , agents, and employees, or any of them from any and all claims, actions, suits , liability, loss, cost, expenses, and damages of any nature whatsoever by reason of or arising out of any act or omission of the City of Kent, its officers , agents, and employees , or any of them in confining persons who have been presented to and accepted by the Facility by Purchaser, its officers , agents, and employees while said persons are in the Facility or in the custody of the City of Kent outside the Facility except to the extent said claim, action, loss or damage is the result of the negligence of Purchaser. In the event that any suit based upon such a claim, action, loss, or damage is brought against Purchaser, the City cf Kent shall defend the same at its s ie cost and expense provided that Purchaser retains the right to participate in said suit i`_ any principle governmental or public law is involved, and if final judgment be rendered against Purchaser, its officers , agents, and employees , or any of them, or jointly against Purchaser and the City of Kent and their respective officers , agents, and employees , or any of them, the City of Kent shall satisfy the same . VII . NON-DISCRIMINATION/EQUALITY OF EMPLOYMENT OPPORTUNITY The City of Kent will provide equal employment opportunity in administering this contract, in implementing this contract , and in administering the Facility, and prohibit discriminatory treatment . Page 3 of 4 VIII . WAIVER No waiver of any right under this contract shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any one or several occasions does not constitute consent to or waiver of any later nonperformance, nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto . IX. INSURANCE Purchaser and the City of Kent shall each obtain and maintain general liability insurance with limits of one million dollars ($1 , 000 , 000) per occurrence, two million dollars ($2 , 000 , 000) aggregate . This general liability insurance shall provide protection against the general liability, police professional liability, and error and omission of each entity. Each entity to the contract shall provide certificates of insurance demonstrating coverage by the required insurance . Purchaser shall name the City of Kent as an additional named insured on its liability policy (in regard to arrest , detention, charging or transporting of prisoners) , and a copy of the additional insured endorsement shall be attached to the certificate . The City of Kent reserves the right to request a certified copy of the policy that evidences the above coverages . X. SEVERABILITY If any provisions of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties . XI . ENTIRE CONTRACT This contract consists of four pages . This contract represents the entire understanding of the parties . It supersedes any oral representations that are inconsistent with or modify its terms and conditions . IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the day written below. CITY OFOY ARK CITY OF KENT y . By. o s Date Jim White Date City Manager Mayor APPROVED AS TO FORM- APPROVED AS To FORM: Wilton S . Viall, III Date Roger Lubovich Date City Attorney City Attorney Page 4 of 4 Kent City Council Meeting { Date Decemh� 1996 CCC Category Consent Ca endar 1. BUBJECT: TATTOOING OF MINORS - APPROVAL OF CODE AMENDMENT - ORDINANCE 2. SUMMARY STATEMENT: As approved by the Public Safety Committee, adoption of Ordinance No. amending Chapter 9.02 of the Kent City Code by adding a new section prohibiting the tattooing of minors and establishing penalties for violations. 3 . EXHIBITS: Ordinance 4 . RZC0j wjWZ BY: Public Safet Co ttee (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 i 1 I ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of the Kent City Code by adding a new section relating to the tattooing of minors and establishing penalties for violations thereof. WHEREAS, RCW 26.28.085 provides that any person who applies a tattoo to a minor is guilty of a misdemeanor, and WHEREAS; the City Council finds that adding a similar provision to its Penal Code would assist the City in protecting the health, safety, and general welfare of its citizens; NOW THEREFORE, i THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION L There is hereby added to Chapter 9.02 of the Kent City Code a new section, 9.02.96, entitled "Applying Tattoo to a Minor -- Penalty" to read as follows: Sec. 9.02.96. Applying tattoo to a minor -- Penalty. Every person who applies a tattoo to any minor under the age of eighteen is guilty of a misdemeanor. It is not a defense to a violation of this section that the person applying attoo establishes the tattoo did not know the minor's age unless the person applying the t 1 erance of the evidence that he or she made a reasonable, bona fide attempt to by a prepond ascertain the true age of the minor by requiring production of a driver's license or other picture identification card or paper and did not rely solely on the oral allegations or apparent age of the minor. For purposes of this section, "tattoo" includes any permanent marking or coloring of the skin with any pigment, ink, or dye, or any procedure that leaves a visible scar on the skin. Medical procedures performed by a licenses physician are exempted from this section. SECTION 2. If any one or more sections, subsections, 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 the time of its final approval and passage as provided by law. i JIM WHITE, MAYOR i ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY i PASSED: day of 1996. APPROVED: day of 1996. PUBLISHED: day of 1996. j 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 p:\ordinan6tattoo.min Kent City Council Meeting Date December 10. 1996 Category Consent Calendar 1. SUBJECT: ADOPT-A-PARK REVENUE - ACCEPT AND ESTABLISH BUDGET 2 . suMMUY STATEMENT: Accept and establish a budget for Adopt-A-Park Revenue. From September 1995 to date, Parks Development Division has received small service club donations totaling $1,208 (see itemized list below) . The revenue will be expended on various Adopt-A-Park projects. DONOR TOTAL Kent Lions Club $100. 00 S. KC RE Roundup $100.00 Sun Sportswear $100. 00 Kent Downtown partnership $325. 00 Kiwanis $100. 00 Friends of the Library $100. 00 Soroptomist $200. 00 Kent Rotary $158. 00 $1,208. 00 3 . EXHIBITS: None 4 . RECOMMENDED- BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $1. 208 SOURCE OF FUNDS: Misc. service club donations 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 30 Kent City Council Meeting Date December 10. 1996 Category Consent Calendar 1. SUBJECT: SALE OF SURPLUS HOUSE - ACCEPT AND ESTABLISH BUDGET FOR REVENUE 2. SUMMARY STATEMENT: Accept and establish a budget for $6,510 for revenue from the sale of the surplus house located at 14608 S. 288th Street, Kent. On October 4, 1996.1 the Parks Department sold the surplus house located at 14608 S. 288th Street, Kent, (Armstrong Residence) to the highest bidder. Mr. Jerry Hanson purchased the house for $6, 510. The revenue will be used for future park improvements. 3 . EXHIBITS: Copy of bid from Jerry Hanson 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO YES X 6. EXPENDITURE REQUIRED: $6. 510 SOURCE OF FUNDS: Misc. service club donations 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3P CITY OF KENT PARKS AND RECREATION DEPARTMENT rlozn 54ffP_1. /V 1556, BID FOR PURCHASE OF SURPLUS HOUSES LJJT h +c. h,q tic sr The City of Kent, Parks and Recreation Department will be selecting theme bidder for the purchase and removal of city-owned surplus houses. Terms and conditions for bidding are supplied in the attached "draft" contract - Pase read it carefully prior to bid submittal. 441� k All submittals will be reviewed and the leibidder will be determined. Please call for results after the bid opening to be notified of your status. Each house shall be bid for and awarded separately. Bidders are not required to bid on both houses. Name of Bidder Address L City, State, ip ,�?L3-- / 1? S9 Phone/Fax No. 1. House located at: No. 2. House located at: 14608 So. 288th St. 26521 132nd SE Kent, Washington Kent, Washington 5)0;`� $ ,5'1(kil a cn �\rt hJA {z e— c�o'�locS (written bid) (written bid) IF YOU WISH TO BE CONSIDERED FOR THIS BID, PLEASE SUBMIT BY 10:00 A.M. , SEPTEMBER 20, 1996 City of Kent Parks and Recreation Department Attention: Planning & Development 220 4th Avenue south Kent, wa 98032 (206) 859-3992 - THE CITY OF KENT RESERVES THE RIGHT TO REFUSE ANY OR ALL BIDS Kent City Council Meeting Date December 10 1996 Category Consent Calendar 1. SUBJECT: PLAN SALES - ACCEPT AND ESTABLISH BUDGET FOR REVENUE 2 . SUMMARY STATEMENT: Accept and establish a budget for the sale of plans from the Kiwanis Tot Lot #4 bid in the amount of $120. In September 1996 the Parks Department bid the Kiwanis Tot Lot #4 Park Improvements Project. Each set of plans distributed had a non-refundable fee of $25. The total sale of plans was $120. The revenue will be used for miscellaneous park improvements. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $120 SOURCE OF FUNDS: Sale of Plans 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION:— ACTION:— Council Agenda Item No. 3Q Kent City Council Meeting Date December 10, 1996 Category Consent Calendar 1. SUBJECT: RUSSELL ROAD PUMP PROJECT - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: Accept as complete the Russell Road Pump Project and release retainage to contractor NW Industrial, upon standard releases from the state. 3 . EXHIBITS• None 4 . RECOMMENDED BY: Staff and Parks Committee (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. 3R Kent City Council Meeting Date December 10, 1996 Category Consent Calendar 1. SUBJECT: SKATE PARK CONSTRUCTION - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: Accept as complete the Skate Park Project and release retainage to contractor T.F. Sahli Construction, upon standard releases from the state. 3 . EXHIBITS: None 4 . RECOMMENDED. BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALLPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3S Kent City Council Meeting Date December 10. 1996 Category Consent Calendar 1. SUBJECT: TUDOR SQUARE/SLAUGHTER HOUSE DEMOLITION PROJECT ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: Accept as complete the Tudor Square/ Slaughter House Demolition project and release retainage to contractor Shear Transport, upon standard release from the state. 3 . EXHIBITS• None 4 . RECOMMENDED BY: Staff and Parks Committee (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. 3T Kent City Council Meeting Date December 10, 1996 Category Consent Calendar 1. SUBJECT: SKATE PARK FENCE PROJECT - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept as complete the Skate Park Fence Project and release retainage to contractor All Around Fence, upon standard releases from the state. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff and Parks Committee (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. 3U Kent City Council Meeting Date December 10. 1996 Category Consent Calendar 1. SUBJECT: RUSSELL ROAD FENCE PROJECT - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: Accept as complete the Russell Road Fence Project and release retainage to contractor Bailey Fence (dba Rite-Way Inc. ) , upon standard releases from the state. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff and Parks Committee (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. 3V %)/7 Kent City Council Meeting Date December 10, 1996 Category Consent Calendar 1. SUBJECT: SOOS CREEK WATER AND SEWER DISTRICT PROPOSED ANNEXATION P-341 PETITION - AUTHORIZATION TO SIGN 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the Soos Creek Water and Sewer District Proposed Annexation P-341 Petition. The City of Kent owns approximately 30 acres of park property in the proposed annexation area. When the park property is developed in the future, sewer availability may be desired. This petition only places the property within the sewer boundary areas and will not create a tax or other financial impact until the property is developed. 3 . EXHIBITS: Soos Creek Water & Sewer District Proposed Annexation Petition 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 .- CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3W pp . Y r tit. 26 2 9 a � IYT:GI.YY . it".s.• 0 G Y 'rfN ^a e a • r Rp KANGL 1 a 272NO ' .. 37 an $ r, ANNEXATION +' IInx P-342 _ i 9 133 . •' ■ r e. : .1■ • PROPOSED NEI millANNEXATION, —341 � a ^ 2i ANNEXATION a ■M° ~� ' P-343 � q� ■■ ��� M ■ ? a ? J. go■■■■inn M € ■ e r It3 - f -n-- 1 1 BEI `UAL 1 -ra E a � � ■ y � I I•. Ii ! I ��1 Y � •I Tx A yT �_ ; ■ J e, n x wa' I Y All, e if k i 3 x 11 r �41M . 9 mmt � x ou_ 10 n , 11 sf izM rroMrw.0 Mmnr i i 2 n �lj L PROPOSED ANNEXATION P-341 (SEWER SERVICE AREA) SOOS CREEK WATER & SEWER DISTRICT (SEWER SERVICE AREA) -- URBAN GROWTH BOUNDARY WATER DISTRICT NO. 111 ■■■■■■■■■■■■■ COVINGTON WATER DISTRICT • • • n • n • • • KENT SEWER SERVICE BOUNDARY ALL IN FIRE DISTRICT NO. 37 ALL IN SCHOOL DISTRICT NO. 415 ALL MAP WITHIN UNINCORPORATED KING COUNTY PETITION FOR ANNEXATION NO. P-341 (SEWER SERVICE AREA) KING COUNTY, WASHINGTON TO: SODS CREEK WATER AND SEWER DISTRICT KING COUNTY, WASHINGTON A MUNICIPAL CORPORATION AND THE BOARD OF COMMISSIONERS SOOS CREEK WATER AND SEWER DISTRICT We, the undersigned owners, according to the records of the King County Auditor, of not less than 60% of the area of land within the territory hereinafter described contiguous to Soos Creek Water and Sewer District, a municipal corporation in King County, Washington, that the territory hereinafter described be annexed to and become a part of said Soos Creek Water and Sewer District, and that all legal requirements be carried out to effectuate such annexation. A description of the area sought to be annexed is as follows: Beginning at the Southwest comer of the Northwest quarter of the Northwest quarter of Section 34,Township 22 North, Range 5 East,W.M.,in King County,Washington,said point also being on the centerline of 132nd Avenue S.E.; Thence Easterly along the South line of said Northwest quarter of the Northwest quarter of Section 34 to the East boundary line of the Plat of Bolt Addition, as recorded in Volume 101 of Plats, pages 18 through 19, records of King County, Washington, said point also being the Northwest corner of Lot 18, Block 1, Pine Tree Farms Addition, as recorded in Volume 43 of Plats, page 30, records of King County, Washington, said point being on the existing corporate boundary of Soos Creek Water & Sewer District and the True Point of Beginning; Thence continuing Easterly along said South line to the Southwest comer of the Northeast quarter of said Northwest quarter of Section 34, said point also being the Southwest corner of Tract "A" of the Plat of Meridian Glen Division No. 3, as recorded in Volume 125 of Plats, pages 47 through 49, records of King County, Washington; Thence Southerly along the West line of the Southeast quarter of said Northwest quarter of Section 34 to the Southwest corner thereof; Thence Easterly along the South line of said Southeast quarter of the Northwest quarter of Section 34 to the Southeast corner thereof, also being the West line of the Southwest quarter of the Northeast quarter of said Section 34; Thence Northerly along said West line to the South line of the North 697 feet of said Southwest quarter of the Northeast quarter of Section 34; Thence Easterly along said South line to the East line of the West 460 feet of said Northeast quarter of Section 34; Thence Southeasterly to a point on the South line of said Northeast quarter of Section 34, said point lies 576 feet East of the West line of said Northeast quarter; Thence Easterly along said South line to the West line of Lot 2 of King County Short Plat No. 474053 as recorded under Auditor's File No. 7410180434, records of King County, Washington; Thence Southerly along said West line to the South line of the North half of the North half of the Southeast quarter of said Section 34; Thence Easterly along said South line to the Southeast corner thereof, also being the Southwest corner of the North half of the Northwest quarter of the Southwest quarter of Section 35, Township 22 North, Range 5 East, W.M.; Legal Description - continued Thence continuing Easterly along the South line of the said North half to the Southeast corner thereof, also being a point on the centerline of 152nd Avenue S.E., said point also being on the existing corporate boundary of Soos Creek Water and Sewer District; Thence Southerly along said centerline to the centerline of Primary State Highway No. 2 (S.R. 18); Thence Southwesterly along said centerline of Primary State Highway No. 2 to its intersection with the West line of the Southwest quarter of the Southwest quarter of said Section 35; Thence continuing Southwesterly along said centerline to the South line of Section 34, Township 22 North, Range 5 East, W.M., in King County, Washington, also being the centerline of S.E. 288th Street; Thence Westerly along said South line of Section 34 to the Southwest corner thereof; Thence Northerly along the West line of said Section 34, also being the centerline of 132nd Avenue SE to the North line of the Southwest quarter thereof, also being the South line of Lot 1 of King County Short Plat No. 678162, recorded under Auditor's File No. 7904260841, records of King County, Washington; Thence Easterly along said South line to the intersection of the Southerly extension of the West line of Lot 4, Block 3, Pine Tree Farms Addition, as recorded in Volume 43 of Plats, page 30, records of King County, Washington; Thence Northerly along said extension and West line of said Lot 4 to the Northwest corner thereof; Thence continuing Northerly to the Southwest corner of Lot 24, Block I of said Plat of Pine Tree Farms Addition; Thence continuing Northerly along the West line of said Lot 24 and the West line of Lot 19, Block I of said Plat to the Northwest corner thereof, also being the Southwest corner of Lot 9, Bolt Addition, as recorded in Volume 101 of Plats, pages 18 through 19, records of King County, Washington; Thence Easterly along the South line of said Plat of Bolt Addition to the Southeast corner thereof, also being the Southwest corner of Lot 18, Block 1, of said Plat of Pine Tree Farms Addition; Thence Northerly along the West line of said Lot 18, Block 1, also being the East line of said Plat of Bolt Addition to the Northwest corner of said Lot 18, Block 1, also being the South line of the Northwest quarter of the Northwest quarter of Section 34, Township 22 North, Range 5 East, W.M., in King County, Washington, and the True Point of Beginning. The following will be of interest to all property owners within the area requesting annexation to the SOOS CREEK WATER AND SEWER DISTRICT for sewer service. I. WHO MAY SIGN THE PETITION? Only the owners of property within the described boundaries of the petition as follows: 1. The owner of record according to the records of the County Auditor. 2. In case of mortgaged property, the mortgagor may sign. 3. In case of a recorded purchase contract, the purchaser, as shown by County Auditor, may sign. 4. Any officer of a corporation, provided that a certified authorization of the corporation be attached 5. In case of an estate, the executor, administrator or guardian may sign. II. GENERAL FACTS CONCERNING U.L.I.D. 1. This is a request only for annexation for sewer service. Should annexation be completed, Soos Creek Water and Sewer District will extend its comprehensive plan to program sewer for the area to avoid excessive costs of duplication and piece meal construction. Water service for this area is not provided by Soos Creek Water and Sewer District. 2. There are no taxes levied by Sons Creek Water and Sewer District and none are provided for in the District's plan. 3. No charges will be made to any property until sewers are made available for service to that property. 4. Sewers may only be installed by the formation of a Utility Local Improvement District,a developer extension, or a specific District Improvement. 5. Should a developer install a sewer by your property, you will not be required to connect to that line or be assessed or charged in any manner until that sewer is acquired by the District, and You express your desire to connect Your property. 6. A Utility Local Improvement District may be formed by the submission of another petition requesting sewers, signed by the owners of more than 51% of the land area within a specific boundary. 7. In the event of a petition requesting a Utility Local Improvement District, two(2)hearings are held by the District. (1) A Formation Hearing to hear protests to the formation of the U.L.I.D. All property owners will be given notice in writing fifteen (15)days prior to such hearing with an estimated amount of assessment against their properties. (2) An Assessment Roll Hearing to hear protests on the amount or method of the assessment. Each property owner will be given notice, in writing, fifteen (15)days prior to such hearing. 8. Soos Creek Water and Sewer District holds regular public meetings at 5:30 p.m. the first, third and fourth Wednesday of each month at the Sons Creek Water and Sewer District office at 14616 S.E. 192nd Street, Renton, Washington 98058-1039. All interested persons are invited to attend these meetings and to become fully acquainted with the District and its operating procedures. Should you have additional questions pertaining to annexation, please call the District at 630-9900, or HEDGES & ROTH ENGINEERING, INC., Engineers for the District at 682-7426. Board of Commissioners Soos Creek Water and Sewer District 14616 S.E. 192nd Street Renton, Washington 98058-1039 (SEWER SERVICE ONLY) SIGNATURE PAGE LEGAL DESCRIPTION OR OWNERS SIGNATURE NAME AND ADDRESS Please read Sicnature Procedure (Please Print) KING COUNTY PROPERTY ACCOUNT on attached Notiee. NO. FROM TAX STATEMENT CITY O7KENT 73E422O5-9098-03MAYOR CITY O0-04 MAYOR CITY OF KENT BY 342205-9106-03 MAYOR JIM WHITE CITY OF KENT BY 342205-9052-07 MAYOR JIM WHITE Kent City Council Meeting Date December 10, 1996 Category Consent Calendar 1. SUBJECT: PARKING ORDINANCE - ADOPTION 2 . SUMMARY STATEMENT: As approved by,the Public Safety Committee, adoption of Ordinance No. , S ") , which inhibits parking any motor or other vehicle between the hours of 10:00 p.m. and 6: 00 a.m. on the north side of SE 276th Place, adjacent to Springwood Park. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Staff and Public Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3X ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.38 of the Kent City Code by adding a new section establishing a no-parking zone between 10:00 p.m. and 6:00 a.m. on the north side of SE 276th Place adjacent to Springwood Park. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Anew section, 9.38.045, is hereby added to Chapter 9.38 of the Kent City Code to read as follows: Section 9.38.045 Parking prohibited from 10:00 p.m. to 6:00 a.m. At such time as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle between the hours of 10:00 p.m. and 6:00 a.m., unless otherwise indicated, at the following locations: 1. The north side of SE 276th Place between the east and west boundaries of Springwood Park. SECTION 2. If any one or more sections, subsections, 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. �i i SECTION 3. This Ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR 1 ATTEST: BRENDA JACOBER CITY CLERK APPROVED AS TO FORM: ;i 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 p:,,ordinanc\parkg3.wpd /'541 Kent City Council Meeting Date December 10 1996 Category Consent Calendar 1. SUBJECT: LEASE AGREEMENT - CITY AND SOUTH VALLEY ASSOCIATES - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the Lease Agreement with South Valley Associates. This is a renewal of an existing agreement which allows South Valley Associates to utilize a portion of City property for parking and storage. 3 . EXHIBITS: Lease agreement and Public Works Director memorandum 4 . RECOMMENDED- BY: Public Works Committee (telephone concurrence) (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. 3Y Y DEPARTMENT OF PUBLIC WORKS November 20, 1996 TO: Public Works Committee FROM: Don Wickstrom r " RE: Lease Agreement for Parking &z Storage Area The attached Lease Agreement between the City and South Valley Associates is a renewal of our existing agreement that allows South Valley Associates to utilize a portion of City property for parking and storage. The property is on the west side of West Valley Highway near the 22400 Block. The term for this agreement is S years effective October 1 , 1996 with a one time option renewal. ACTION: Recommend authorization for the Mayor to sign the Lease Agreement to allow South Valley Associates to use a portion of City propertv for parlcing and storage. L LEASE AGREEMENT FOR PARKING AND STORAGE AREA THIS LEASE AGREEMENT is between the CITY OF KENT, a Washington municipal corporation ("Lessor"), and SOUTH VALLEY ASSOCIATES, a Washington limited partnership ("Lessee"). RECITALS A. Lessor is the owner of certain real property generally located at the 224 Block cw west Tile u0 11 in the City of Kent, King County, Washington. B. Lessee has agreed to rent a portion of Lessor's property, which is legally described in Exhibi which is attached and incorporated by this reference (the"Premises"). C. Lessor is willing to lease the Premises to Lessee on following terms and conditions. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. Lease. Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, the Premises, upon the terms and conditions set forth in this Lease Agreement. 2. Term. The term of this Lease shall be for five (5) years, commencing on October 1, 1996, the effective date of this Lease Agreement. Lessee shall have one (1) option to renew this Lease for one (1) additional five (5) calendar year period from October 1, 2001 to September 30, 2006. The annual rental rate shall be adjusted based upon the annual increase in the Consumer Price Index (U.S. City Average for all Urban Consumers) with a maximum annual increase of five (5%) percent, commencing on October 1, 2001. Lessee may exercise its option by giving Lessor sixty (60) days written notice, prior to the expiration of this Lease, of its intention to renew the Lease. 3. Rent. Lessee shall pay Lessor, at Lessor's offices, rent according to the schedule listed below, at least thirty (30) days prior to each date due, which rental payment includes a 12.84% leasehold tax: 10-01-96 - 09-30-97 $37600.00 10-01-97 - 09-30-98 $3,708.00 10-01-98 - 09-30-99 $3,820.00 10-01-99 - 09-30-00 $3,935.00 10-01-00 - 09-30-01 $4,050.00 1 4. Lessor's Obligation to Maintain Public Trail and Lessee's Obligation to Maintain the Parldng Area: Indemnification for Same. Lessor shall maintain the public pedestrian trail, approximately twelve(12)feet in width, adjacent to and north of the Premises, extending from the West Valley f�ighway on the east, westerly to 64th Avenue South, on Lessor's properly as shown on Exkubit B. Lessee sly maintain, to standards specified by Lessor, a public parking area north and east of the Premises, on Lessor's property adjacent to West Valley highway, for ten (10) automobiles, as shown on Exhibit B. The parking area shall be maintained at Lessee's sole cost and expense. The pedestrian trail and parlung uea described in this paragraph are called, collectively, "the Public Improvements." Lessor further agrees to indemnify and hold Lessee harmless from any and all fees, costs, and expenses arising out of or connected with any injury to persons or damage to property associated or connected with any use of the Public Improvements or any adjacent property owned by Lessor, but only to the extent of Lessee's negligence. The parties understand and agree that the Public Improvements shall be open for the use and enjoyment of the public. 5. Short Plat. Intentionally Deleted 6. Utilities and Fees. Lessee shall pay all charges for electricity and any other utility services accruing at the Premises. Lessee shall directly pay these utility charges and all other license fees or other governmental charges levied on the operation of the Lessee's business on the Premises, or the business of Lessee's subtenant. 7. Taws. Lessor shall pay all applicable taxes, including real property taxes and assessments, whether general or special, levied against the Premises. Should there presently be in effect or should there be enacted during the term of this Lease Agreement any law, statute or ordinance levying any tax (other than federal or state income taxes) upon rents, Lessee shall pay such tax or shall reimburse Lessor on demand for any such taxes paid by Lessor. 8. Use. Lessee and any subtenant of Lessee shall use the Premises solely for the purposes of a vehicular parking area and a telephone equipment storage yard and other incidental uses, but for no other purposes, without the prior written consent of Lessor. In the event Lessee's use of the Premises increases the fire insurance rates on the Premises, Lessee agrees to pay for that increase. PJeas4Inedal ) 2 9. Repairs and Maintenance. Lessee has inspected and accepts the Premises in ises neat, its present condition. At its sole cost, Lessee shall at all times (1) keep the Pre as necessary all landscaped clean and in a good, orderly and sanitary condition, areas, and (3) keep and use the Premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. In addition to, and without limiting, the foregoing, Lessee shall (1) permit no waste, damage or injury to the Premises, (2) keep any and all drain pipes free and open, (3) protect any water, heating, gas and other pipes to prevent freezing or clogging, and, (4) repair all leaks and damage caused by leaks. 10. Improvements to Premises. Lessee and its subtenant(s) shall make no additions, improvements and alterations to the Premises without Lessor's prior written approval, which shall not be unreasonably withheld. Such improvements shall not interfere with the Public Improvements. This work shall be done at Lessee's sole cost and expense. In addition, the parties understand and agree that Lessee's use of the Premises must comply with the terms and conditions of that certain Easement between the City of Kent and Puget Sound Power & Light Company, dated December 28, 1987, and recorded under King County Recording No. 8712311349. Upon the expiration or termination of this Lease, Lessee shall, at Lessor's option, remove all Lessee's improvements, together with its equipment, and shall restore the Premises to its original condition within ninety (90) days of the expiration or termination date, at Lessee's sole cost and expense. 11. Condemnation. If a substantial portion of the Premises is taken by any public authority under the power of eminent domain, so as to render the remaining Premises economically untenantable, this Lease Agreement shall terminate as of the time of such taking at the option of either parry. If a portion of the Premises is so taken, and neither party elects to terminate this Lease Agreement, or until termination is effective, as the case may be, the rent shall be reduced in direct proportion to the leased property taken. Lessee shall have no claim to any portion of the compensation for the taking or damaging of the land or building. Lessee shall be entitled to negotiate compensation for its own moving costs and its leasehold improvements. 12. Liens and Insolvency. Lessee shall keep the Premises free from any liens arising by reason of work, labor, services or materials performed or supplied to Lessee and shall hold Lessor harmless against the same. Should Lessee become insolvent, bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of Lessee, Lessor may cancel this Lease Agreement at its option. 13. Access. Lessor shall have the right to enter the Premises at all reasonable times for the purpose of inspection. 14. Damage or Destruction. In the event the Premises are rendered untenantable in whole or in part by fire, the elements, or other casualty, Lessee may elect PAGE 3 not to restore or rebuild the Premises and shall notify Lessor, in which event Lessee shall restore the Premises to its original condition and then vacate the Premises and, at that time, this Lease shall be terminated. In the alternative, Lessee shall notify Lessor within fifteen (15) days after such casualty that Lessee will undertake to rebuild or restore the Premises. If Lessee is unable to restore or rebuild the Premises within thirty (30) days, then the Lease may be terminated at Lessee's option by written notice to Lessor. 15. Hold Harmless. Lessee agrees to defend and hold Lessor and its employees, officers, elected officials, and agents harmless from any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered in or about the Premises by any person, firm or corporation, but only to the extent of Lessee's negligence. 16. Liability Insurance. Lessee shall, at Lessee's sole expense, obtain and keep in force during the term on this Lease Agreement a policy of comprehensive public liability insurance insuring Lessor and Lessee against any liability arising out of the ownership, use, occupancy, or maintenance of the Premises and all appurtenant areas. This insurance shall be in an amount not less than $2,000,000.00 combined Single Limit with respect to injuries to or death of persons, and/or destruction of or damage to property. The limit of this insurance shall not, however, limit the Lessee's liability. Upon request, Lessee shall deliver to Lessor certificates of proof of this insurance. No policy shall be cancelled or reduced without the prior written consent of Lessor. 17. Termination of Lease. If Lessee fails to perform any of the covenants and agreements in this Lease Agreement, and that failure continues for thirty (30) or more days after receiving written notice from Lessor specifying Lessee's failure(s), unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may terminate this Lease Agreement and reenter the Premises. Lessee shall pay Lessor any deficiency arising from its default, including any rent owed, the cost of recovering the Premises and any repairs, maintenance, or utilities attributable to Lessee. 18. Costs and Attorneys' Fees. If by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease Agreement a legal action is instituted, each party shall pay all its own legal costs and attorneys' fees in connection therewith. 19. No Waiver of Covenants. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. PAGE 4 10. Modification. No waiver, alteration, or modification of any of the provisions of this Lease Agreement shall be binding unless in writing and signed by a duly authorized representative of Lessor and Lessee. 21. Surrender of Premises. Lessee agrees, upon termination of this Lease Agreement, to surrender the Premises peacefully, to leave the Premises neat and clean, and to deliver all keys to the Premises to Lessor. 22. Real Estate Commission. Lessor and Lessee each hereby represent and warrant to the other that they have not dealt with any broker, agent, or finder in connection with the negotiation and execution of this Lease Agreement or the consummation of the transaction contemplated hereby. Lessor and Lessee shall each indemnify, defend, and save the other harmless from and against any loss, cost, damage or expense, including reasonable attorneys' fees, arising from the claim of any real estate broker or agent with whom either may have dealt with respect to this transaction. 23. Signs. Lessee may, at Lessee's sole expense, place external signs on the Premises provided such signs have been approved in advance by Lessor, and provided such signs do not violate any statute or regulations existing during the term of this Lease Agreement. Lessee shall pay the costs of removal of such signs upon termination of the Lease. 24. Assignment and Sublease. Lessee may assign its interest in this Lease Agreement at any time or may sublease all or any portion of the Premises. 25. Binding Upon Heirs, Successors and Assigns. The covenants and agreements of this Lease Agreement shall be binding upon the subtenants, heirs, executors, administrators, successors, and assigns of both parties, except as limited elsewhere in this Lease Agreement. 26. Notices. Any notice to be given by either parry to the other shall be delivered either in person or deposited in the United States mail, first class postage prepaid, addressed to the following addresses, or at such other address as either party may designate to the other in writing from time to time. Notice shall be deemed to have been given three (3) days after mailing. Lessor: Lessee: Pubic Works Director South Valley Associates City of Kent 11411 N.E. 124th Street 220 4th Avenue South Kirkland, Washington 98034 Kent, Washington 98032-5895 PAGE 5 27. Authority. The individuals executing this Lease Agreement represent and warrant that each of them is duly authorized to execute and deliver this Lease Agreement, and that this Lease Agreement is binding upon that party in accordance with its terms and conditions. 28. Governing Law. This Agreement shall be construed in all respects under the laws of the State of Washington. EXECUTED as of the date first above written. LESSOR: Approved As to Form: CITY OF KENT By �C�. l �►�C,�,,� Brnt- Y ROGER A. LUBOVICH A.%'T- JIM WHITE, Mayor City Attorney DATE ATTEST: City Clerk LESSEE: SOUTH VALLEY ASSOCIATES By , 4 r Peter Henning, Manag ng General Partner q DATE IC) p:\WESTLEASE.96 NOTE: Mail payments to Property Management Attention: Jerry McCaughan PAGE 6 y DESCRIPTION COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 319 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 22 NORTH, RANGE 4 EAST W.M. WITH THE EAST QUARTER SECTION LINE OF SAID SECTION 11; THENCE NORTH 89°12' 17" WEST ALONG THE SOUTH LINE OF SAID NORTH 319.00 FEET, 50.00 FEET TO THE WEST MARGIN OF WEST VALLEY HIGHWAY, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°12'17" WEST 700.00 FEET; THENCE NORTH 0°5341" EAST 75.00 FEET; THENCE SOUTH 89°12' 17" EAST 700.00 FEET TO THE WEST MARGIN OF WEST VALLEY HIGHWAY; THENCE ALONG SAID WEST MARGIN PARALLEL TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 119 SOUTH 0053'41". WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING. 87042.03 ENG 17 Kent City Council Meeting Date December 10. 1996 Category Other Business 1. SUBJECT: LID 345 - S. 218TH STREET IMPROVEMENTS - BOND SALE - ORDINANCE AND PURCHASE AGREEMENT 2 . SUMMARY STATEMENT: At their December 4 meeting the Operations Committee recommended adoption of a bond ordinance . related to the issuance of $781, 624 . 64 in LID 345 bonds and authorization for the Mayor to sign the Bond Purchase Agreement with Dain Bosworth, Inc. May Miller and Joel Ing of Dain Bosworth will give a brief presentation. 3 . EXHIBITS: Memo from May Miller, Finance Director and draft ordinance 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember cA/L seconds to adopt Bond Ordinance No. for the issuance of $781, 624 . 64 in LID 345 bonds and to authorize signing of the bond purchase agreement with Dain Bosworth, Inc. DISCUSSION• h o ACTION: P L C Council Agenda Item No. 4A CITY OF KENT MEMO TO: Operations Committee FROM: Mayene Miller, Finance Division Director DATE: November 26, 1996 SUBJECT: Local Improvement District 345 Bond Issue Authorization is requested to enter into a bond purchase agreement with Dain Bosworth, Inc. , and to adopt bond ordinance relating to the issuance of Local Improvement District (LID) Bonds to fund the construction of street improvements which include the widening of South 218th Street from East Valley Highway to Valley Freeway, and extending water and sewer stubs within LID 345. The final assessment roll for LID 345 was approved on May 7, 1996 in the amount of $1 ,002,191.05, City of Kent Ordinance 3292. Prepayments totaled $220,566.41 leaving the amount to be bonded of $781,624.64. The Bonds will be paid by assessments against property owners within LID 345. The Bonds are special limited obligations of the City and are not obligations of the State of Washington or any political subdivision thereof other than the City, and neither the full faith and credit nor taxing power of the City is pledged to the payment of the Bonds. Finance Director May Miller, Finance staff and Mr. Joel Ing of Dain Bosworth, Inc. will be available for a brief presentation and to answer any questions at the Council Meeting scheduled for December 10 , 1996. COUNCIL ACTION: Recommend approval of Bond Ordinance related to the issuance of LID Bonds to fund street, water, and sewer improvements within LID 345, and authorize the Mayor to sign the Bond Purchase Agreement with Dain Bosworth, Inc. . DEC 0`� '96 1Et:4�Gft F F 5 -.EATTLE � -- CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE relating to Local Improvement District No . 345 ; fixing the amount, form, date, interest rates, maturity and denominations of the Local Improvement District No. 345 Bonds; providing for the sale and delivery thereof to Dain Bosworth Incorporated in Seattle, Washington; and fixing the interest rate on Local Improvement District No. 345 assessment installments . THE CITY COUNCIL OF THE CITY OF KENT, WA.SHINGTON, Do ORDAIN as follows : section 1 . Authorization and Description 0f_Bonds . The total amount of the assessment roll in Local Improvement District No . 345 (the "District" ) in the City of Kent, Washington (the "City") , created under Ordinance No . 3200, passed September 6 , 1994 , was $1, 002 , 191 .05 . The 30-day period for making cash payments of assessments without interest in the District expired on June 20 , 1996 , and the total amount of assessments paid in cash was $220 , 566 . 41, leaving a balance of assessments unpaid on the assessment roll in the sum of $781 , 524 . 64 . Local improvement District No . '345 Bonds (the "Bonds") shall, therefore, be issued in the total principal sum of $761 , 624 . 94 . The Bonds shall be dated December 1, 1996 , shall mature on December 1, 2008 , and shall be numbered from 1 to 156 , inclusive, 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 the purpose of identification. Bond No. 1 shall be in the denomination of ' $6 , 624 . 64 and Bonds Nos . 2 to 156 , inclusive, shall be in the 026R754.Q2 DEC 0'� '96 10:42Rf1 F F = =;E�TTLE F.E'1? denomination of $5, 000 . 00 each. Interest shall be computed on the basis of a 360-day year of twelve 30-day months . The Bonds shall bear interest, payable annually on December 1 of each year beginning December 1, 1997, in accordance with the following schedule : Bond Numbers Interest (inclusive) Amounts Rates 1 - 12 $61, 624 . 64 4 .25% 13 - 28 80, 000 . 00 4 .60 29 - 44 80, 000 . 00 4 . 90 45 - 60 80, 000 . 00 5 . 00 61 - 76 80 , 000 .00 5 . 10 77 - 92 80 , 000 . 00 5 . 20 93 - 108 80 , 000 . 00 5 . 30 109 - 124 80, 000 . 00 5 .40 125 - 140 80, 000 . 00 5 . 50 141 - 156 80 , 000 . 00 5 . 60 Section 2 . Recristrati n and Transfer of Bonds . The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on books or records maintained by the Bond Registrar (the "Bond Register" ) . Such 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 may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. The transfer of a Bond shall be by the Bond Registrar' s receiving the Bond to be transferred, cancelling it and issuing a new certificate in the form of the Rondo to the transferee after registering the name and address of the transferee on the Bond Register . The new certificate shall bear the same Bond number as the transferred Bond but may have a different inventory reference number o: control 0266754 n -L- DEC 0— '9c 'C: --HP1 F r EATTLE number. 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 3 . Payment of Bonds . Both principal of and interest on the Bonds shall be payable solely out of the Local Improvement Fund, bistrict No. 345 (the "Bond Fund" ) , and from the Local Improvement Guaranty Fund of the City, and shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid' by check or draft mailed to the registered owners on the interest payment date 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 . Section 4 . Redemption Provisions. The city reserves the right to redeem the Bonds prior to their stated maturity on any interest payment date, in numerical order, lowest numbers first, at par plus accrued interest to the date fixed for redemption, whenever there shall be sufficient money in the Bond Fund to pay the Bonds so called and all earlier numbered Bonds over and above the amount required for the payment of the interest payable on that interest payment date on all unpaid Bonds . All Bonds redeemed under this section shall be cancelled. Section 5 . Notice of Redemption. The city shall cause notice of any intended redemption of Bonds to be given not less than 15 nrW154.02 -3- DEC OF 'g5 10:4�3HP1 F F 4 _Er;TTLE F.7 1 nor more than 45 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 Dain Bosworth Incorporated at its principal office in Seattle, Washington, or its successor, and to such other persons and with such additional information as the City Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Section 6 . 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 Sond Fund 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_ 7 . Form and Execution of Bonds , The Bonds shall be printed, lithographed or typed on good bond paper in a form consistent with the provisions of this ordinance and state law, W.66754.oz -4- DEC 0 '96 10:43AN F P S SEHTTLE P.S' 1? shall be signed by the Mayor and the 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, Local improvement District No. 345 Bonds 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 Bond so authenticated has been duly executed, authenticated and delivered and is 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 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 F.'-4 I-, r.F- O F F ". = SEATTLE 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 Bond. Section S . 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 paving 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 Certificates 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 right.; of Bond owners . Section 9 . Bonds Negotiable. The Bonds shall be negotiable instruments to the extent provided by RCW 62A. 8-102 and 62A. 8-105 . Section 10 . Preservation of Tax Exembtion for Interest_ on Bonds . The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross u'een:uz -b - in^ome for federal income tax purposes , and it will neither take anv action nor make or permit any use of proceeds of the Bonds or other funds of the City treat:.ed as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the 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 Bonds, take all actions necessary to comply (or to be treated as having complied) with that requirement in connection with the 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 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 11 . Use of Bond proceeds . The accrued interest on the Bonds received from the Bond purchaser shall be used to pay debt service on the Bonds on the first interest payment date. The principal proceeds of the Bonds shall be used to finance the costs of carrying out the improvements in the District , including the prepayment of interfund loans used therefor, and to pay the ce3ts of issuance of the Bonds . Until needed to pay those costs, the City may invest principal proceeds temporarily in any legal inve�rment , and the _-. vest-nent earnin s may he retainad in the Bond OZtfi75 .Q F. 11 r,Fc _i- 1L -15Ah1 F F HTTI_E Fund and be spent for the purposes of that Fund, and earnings subject to a federal tax or rebate requitement may be used for those tax or rebate purposes . Section 12 . ?lpnroval of Bond Purchase Contract . Dain Boswcrth Incorporated of Seattle, Washinaton, 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 Bcnds 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 stata . The proper C-ty officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchase=, including without limitation the execution of the Vlo6;;,y„3 -8- F'. 1= _ r,Fr n- .,1F, 1',_::4c7AN r7 F - 3EHTTLE official Statement cn behalf of t2,.e City , and for the proper application and use of the proceeds of the sale thereof . Section 13 . Terrmorary Bond. Pending the printing, execution and delivery to the purchaser of definitive nonds, the City may cause to be executed and delivered to the purchaser a single temporary Bond in the total principal amount of the Bonds . The temporary Bond shall. bear the same date of issuance, interest rates, principal payment dates and terms and covenants as the definitive Bonds , shall be issued as a fully registered Bond in the name of the purchaser, and otherwise shall be in a form acceptable to the purchaser, The temporary Bond shall be exchanged for definitive Bonds as soon as they are printed, executed and available for delivery. Section 14 . Fixinq Interest Rate on Assessments , The interest rate on the installments and delinquent payments of the special assessments in the District is revised and fixed at the rate of 3 . 79s per arnum_ Section 15 . Effective Date of ordinance . This ordinance shall take effect and be in force five (5) days from and after its 01607i4 02 1 F. 1 DEI_ F F " S :U4TTLE passage and five (5) days fol.10wing its publication as required by law. By JIM WHITE, Mayor ATTEST : SRENDP_ JACOBER, City Clark APPROVED AS TXFORM: rr . Special oundel and Bond Counsel for dhe City Passed the day of _ , 1996 . Approved the day of 1996 . Published the day of 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) BRESTDi A JACOSER, City Clerk -10- [FORM OF APPROVING LEGAL OPINION] City of Kent, Washington Re: City of Kent, Washington, $781,624.64 Local Improvement District No. 345 Bonds We have examined a certified transcript of proceedings had by the City of Kent, Washington (the "City"), relating to the issuance by it of the above-referenced bonds (the "Bonds") and also have examined an executed and authenticated Bond or a facsimile thereof. The Bonds are issued for the purpose of providing the funds necessary to pay so much of the cost and expense of the improvements as provided by Ordinance No. 3200 establishing Local Improvement District No. 345 as is levied and assessed against the property included in the local improvement district and benefited by those improvements. The Bonds are payable solely from special assessments levied in Local Improvement District No. 345 and from the Local Improvement Guaranty Fund of the City. The Bonds consist of Bond No. 1 in the denomination of$6,624.64, and Bonds Nos. 2 to 156, inclusive, in the denomination of$5,000 each. The Bonds are dated December 1, 1996; mature on December 1, 2008; and bear interest at the following rates payable annually out of the Local Improvement Fund, District No. 345, of the City (the "Bond Fund"), beginning December 1, 1997: 266819.01 City of Kent, Washington [Date] Page 2 Bond Numbers Interest (Inclusive) Amounts Rates 1 - 12 $61,624.64 13 - 28 80,000.00 29 - 44 80,000.00 45 - 60 80,000.00 61 - 76 80,000.00 77 - 92 80,000.00 93 - 108 80,000.00 109 - 124 80,000.00 125 - 140 80,000.00 141 - 156 80,000.00 The City has reserved the right and option to redeem the Bonds prior to their stated maturity date on any interest payment date, in numerical order, lowest numbers fast, at par plus accrued interest to the date fixed for redemption and in the manner set forth in the Bonds, whenever there is money in the Bond Fund available for that purpose. We have not been engaged to review, have not reviewed and thus express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales or disclosure material relating to the issuance of the Bonds or otherwise used in connection with the Bonds. Under the Internal Revenue Code of 1986, as amended (the "Code"), the City is required to comply with certain requirements after the date of issuance of the Bonds in order to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes, including, without limitation, requirements concerning the qualified use of Bond proceeds and the facilities financed or refinanced with Bond proceeds, limitations on investing gross proceeds of the Bonds in higher yielding investments in certain circumstances and the requirement to calculate and rebate to the United States certain investment earnings on gross proceeds of the Bonds in the event that all.Bond proceeds have not been spent within certain periods prescribed by the Code. The City has covenanted in Ordinance No. to comply with those requirements, but if the City fails to comply with such requirements, interest on the Bonds could become taxable retroactive to the date of issuance of the Bonds. We have not undertaken and do not undertake to monitor the City's compliance with such requirements. 266819.01 City of Kent, Washington [Date] Page 3 As of the date of initial delivery of the Bonds to the purchaser thereof and full payment therefor, it is our opinion that: 1. The City is a duly organized and legally existing code city under the laws of the State of Washington; 2. The Bonds are issued in full compliance with the provisions of the Constitution and laws of the State of Washington and the ordinances of the City relating thereto; 3. The Bonds constitute valid obligations of the Bond Fund and the Local Improvement Guaranty Fund of-the City, except only to the extent that enforcement of payment may be limited by bankruptcy, insolvency or other laws affecting creditors' rights and by the application of equitable principles and the exercise of judicial discretion in appropriate cases; 4. The Bonds are not general obligations of the City; and 5. Assuming compliance by the City after the date of issuance of the Bonds with applicable requirements of the Code, including arbitrage and arbitrage rebate requirements, under existing federal law the interest on the Bonds is excluded from gross income of the registered owners for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals; however, while interest on the Bonds also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by corporations is to be taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by certain corporations may be subject to an environmental tax, interest on the Bonds received by certain S corporations may be subject to tax, and interest on the Bonds received by foreign corporations with United States branches may be subject to a foreign branch profits tax. We express no opinion regarding any other federal tax consequences of receipt of interest on the Bonds. We bring to your attention the fact that the foregoing opinions are expressions of our professional judgment on the matters expressly addressed and do not constitute guarantees of result. Respectfully submitted, 266919.01 City of Kent, Washington [Date] Page 4 (facsimile signature Foster Pepper & Shefelman) 266919.01 City of Kent, Washington [Date] Page 5 LEGAL OPINION I, BRENDA JACOBER, City Clerk of the City of Kent, Washington, certify that the following is a true copy of the complete legal opinion of Foster Pepper & Shefelman, attorneys, Seattle, Washington, originals of which were manually executed, dated and delivered to the purchaser of the Bonds on the date of delivery of and payment for the Bonds and one original of which is on file in this office. (facsimile signature) City Clerk of the City of Kent, Washington FOSTER PEPPER & SHEFELMAN 1111 Third Avenue Seattle, Washington 98101 266919.01 _1A TN .�:1.Vv� u G� U S7819624-64 CITY OF KENT, WASHINGTON LOCAL IMPROVEMENT DISTRICT NO. 345 BONDS PURCHASE CONIHAU December 10, 1996 Councilmembers City of Kent 220 Fourth Avenue Kent, Washington 98032-5895 Dear Councilmembers: Dain Bosworth Incorporated (the "Purchaser") offers to purchase from the City of Kent, Washington (the "Seller"), and upon acceptance hereof the Seller will agree to sell to the Purchaser, all of the Bonds described above and on Appendix A (attached and incorporated herein by this reference), subject to the terms. conditions, covenants, representations and warranties contained in this Purchase Contract, including the Appendices. Section 1. Purchase, Sale and Delivery of the Bonds. (a) Appendix A contains a brief description of the Bonds and the purchase price, interest rate or rates, maturity schedule, redemption provisions and the date and time of delivery and payment(the "Closing Date") of the Bonds. The Bonds shall be as described in Appendix A, and in an Official Statement approved and signed by the Seller in accordance with paragraph (b) hereof satisfactory in fora and substance to the Purchaser. (b) The Seller authorizes the Purchaser to use and distribute an Official Statement as approved in the Ordinance passed as of this date accepting this Official Statement (the "Official Statement"), this Purchase Contract and all information contained in them, and the documents, and certificates formally delivered to the Purchaser by the Seller as a Bond issue legal transcript on the date of closing, in connection with the transactions contemplated by this Purchase Contract. (c) The Bonds shall be delivered to the Purchaser in definitive or temporary form on the Closing Date, duly executed by the authorized officers of the Seller; together with the other documents described in this Purchase Contract. The Bonds shall be made available to the Seller not later than one business day before the Closing Date for the purposes of inspection and packaging. The Bonds shall be in registered form, in such denominations as the Purchaser shall request by written notice to the Seller not later than four business days prior to the Closing Date. Subject to the provisions of this Purchase Contract, the Purchaser shall accept delivery of the Bonds on the Closing Date and will pay the purchase price set forth in Appendix A, together with accrued interest as applicable, payable in Federal funds as designated by the Seller. (d) Purchaser will prepare a Bond Form 101 for filing pursuant to RCW 39.44.210- .220 and shall deliver a copy of the same; with evidence of filing, on the Closing Date, to the Seller. n^v1Q1VS A1 ii ^.. Section 2. Representations, Warranties and Agreements of the Seller. The Seller represents, warrant and agrees with the Purchaser the matters set forth below; Which representations, warranties and agreements are true and neffect as of the date of this purchase Contract and shall be true and in effect as of the Closing (a) the Seller is a duly organized and existing public entity with the full legal right, perform this Purchase Contract, to pass the Ordinance power and authority to enter into and p and to �o�g issuance of the Bonds, and to deliver and sell the Bonds to the purchaser, carry out all the other transactions contemplated by this Purchase Contract, the Ordinance, and the Official Statement; (l�) the Seller has duly and validly gassed or will pass the Ordinance before the Closing Date, will take any and all action as Will be necessary to carry out give effect to and Contract this consummateathe Closi ng s Date the Ordinpance the Bonds and this Purchased heroin. and as of the date Contract Contract will constitute and as of g cordance with their respective terms, Obligations of the Seller in ac the valid, legal and binding g and the Ordinance will be in full force and of=t; ill not conflict (c) this Purchase Contract, the Ordinance, and the la iodmdo not or order, orany agreement with or create a breach or default under any existing law, regal air the authority of h Seller tor heiSe�1�o issue the ent to cBonds or the is subject; ecurity for lthe paymen breach or tof�e Bonds;t would p (d) all approvals, consents, authorizations, elections and orders of or alngsr registrations with any governmental authority, board, age ncy or commission having jurisdiction ially which Would constituerfotmaneeiby the on Precedent eller of its obligations under this Purcbasc hich would Contract adversely aff t; P the Ord.inwice, the Bonds, and any other instruments that ha the Seller xpresses no warranty owith respect obtained and are in full force and effect except to Purchaser's compliance with securities laws of any jurisdiction; (e) the Bonds, when delivered in accordance with the Ordinance and paid for by the Purchaser on the Closing Date as provided herein, will be validly issuedand outstanding to binding ii able obligations of the Seller enforceable in accordance With their terms. subject bankruptcy, insolvency or other similar laws generally affecting creditors' rights; (f) the Official Statement (as supplemented with the approval of the Purchaser, if the e, correct Official Statement shall have been supplemented) "" b and I not as of thes of tile �Closing Dater ate, contain and complete in all material respects and does not, d to be stated any untrue yttoemake the statzmenfact h r n in light of th omit to state a e circumstanc at fact esiund r which therein re or necessary made, not misleading; (g) for a period of 25 days from the end of the underwriting period (which shall be the date of closing unless otherwise noted in writing by the Purchaser to the Seller) or'nuevenh time shall (if earlier) as the peer shall no longer hold any of the Bonds for sale, if any occur as a result of which it is necessary to supplement the Official Statement in order to make the statementsforttherein, in hwith notify light t}ie Purchaser °f arty suh a ent ces existing f which it at such ihas knowledge and shall Seller steal cooperate fully in the preparation and furnishing of any supplement to the Official Statement necessary, in the Purchaser's reasonable opinion so that the statemen tsh therein as so supplemented will not be misleading in light of the circumstances existing at suc2 IN ;^uS;';Ch71 ]' :C OM DA� _ or investigation, at law or in equity, before or (h} no action, suit, proceublio board or body, is pending or in any way affecting the by any court, regulatory agency, p ve offices. or seeking to restrain existence of the Seller or the titles of its officers to their he application of the proceeds thereof in or to enjoin the issuance, sale or delivery o r in any Bo rids, the n�. Z or affecting the validity or accordance ithf the Bonds;Ordinance, enforceability W any certificate signed by an authorized officer of the Seller, shall be deemed a statements made therein; representation and warranty by the Seller to the Purchaser as to the 6) the Seller will apply the proceeds of the Bonds in accordance with the Ordinance; and b the Internal (k) the Seller has not been notified of any listing of proposed listing Y Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. Section 3. Conditions to the Obligations of the Purchaser. The obligations of the Purchaser to accept delivery of and pay for the Bonds on the Date. to and Closing Date shall�of the Seller containedher material f this respects and as of the y s�$representations warranties on the P al respects of the statements of the off-leers of tine Seller madey the accuracy in a1I material P certificates or other documents furnished pursuant to the Purchase Contract, w e performance by the Seller of its obligationsditito be performed ormed hereunder at or prior to the Closing Date and to the following additional rized- executec'and (a) At the Closing Deb substantially Ordinance form shall have bre submitted to the Purchaser. with delivered by the Seller, an v agreed to in writing by the Purchaser, th the transactions only such changeve s as shall have been agr been taken in connection therewith, with the issuance of the Bonds and contemplated thereby and shall bpurchase a�ary or appropriate;h actions a9. in the opinion of either the Purchaser or the Seller, (b) At the Closing Date. the Official Statement shall Pl c Purchaser and�e amended, modified or supplemented, except as may have been agreedY the Se Bonds ilitY of (c) Between the date Seller- hereof affected. in d the thereasonable judgmen Date the to the Purchaser. by shall not have been materially reason of any of the following: in the financial condition or general affairs of (1) a material adverse change Seller; (2) an event, court decision, proposed or adopted law or rule which would have a material adverse effect on the federal income tax incident to the Bonds or the contemplated transactions; or (3) an international or. national crisis, suspensthc marketability tyion of stock of he Bond or banking moratorium materially affecting the Purchaser s ability to deliver funds due to such banking moratorium; or 3 "� gin:` _+�Si'� 1v � '. .' i - - U Lru U (¢) any event occurring, or information becoming known which makes untrue in any material respect any statement t information contained in the Official Statement, or has the effect that the Official Statement contains state a material fact any untrue statement of material fact or omits to required to be stated therein or n essarry to make the sW--�they werem a knot the light of the circumstancesunder misleading- (d) ve m the er the gdo At or cuments, inr to the Closing,each case satisfacttoory in form and er will substance totheoPurchase ratting following reasonably: (1) the Bonds, in definitive or temporary form, duly executed; (2) the Ordinance and the Official Statement, each executed on behalf of the Seller by an authorized officer; (3) the approving opinion of Foster Pepper & Shefelman satisfactory toPurchaser, dated the Closing Date; (4) a certificate setting forth the facts: estimates and circumstances in existence on the Closing Date Which establish that it is not expected that the proceeds of the Bonds will be used in a manna that could cause the Bonds to be arbitrage Bonds within the meaning of Section 149 of the Internal Revenue Code and applicable regulations; and (g) a certificate signed by an authorized officer of the Seller, to the effect that no litigation is pending enjoining the issuance, sale, execution or delivery of the Bonds. Section 4. Expenses. (a) Seller's Expenses Whether or not the Purchaser accepts delivery of and pays eiler shall pay or arse to be herein, the Purchaser shall be under no obligation to pay,legally available funds of the Seiler) all paid (out of the proceeds of the Bonds or any but not expenses incident to the performance of the Seller's obligations hereunder, including limited to the cost of delivering the Bonds to the Purchaser; fees FallOfScial Statem ntssbursements of the Bfees Counsel, cost of printing and distribunon of the Prelhalts Teary the Seiler in connection with and disbursements of any other experts or consultants retained bynot specifically enumerated in the Bonds; travel costs of the Seller; and Seller is ther expenses with the issuance of the Bonds. paragraph (b) of this Section incurred by (b) Purchaser's Expenses Whether or not the Bonds are delivered to the Purchaser shal pay,et forth crein� the this Purchase ller shall be under no obligation to pays Contract; the Purchaset's vut-of-pocket and travel expenses; and all other expenses incurred by the Purchaser in connection with its public offering and advertising x e see n connectinot on with the enumerated in paragraph (a) of this Section and all advertising expenses public offering of the Bonds. 4 n.. rt�f CnOil ' nP^ r n uuULzl U Section 5. Parties in Interest. purchaser This Purchase Contract is made solely for the benefit pf theerson Seller and the shall acquire or have any (including successors or assigns of the Purchaser) and no other p right hereunder or by virtue hereof. section 6. Survival of Representations,Warranties, and Agreements. t to this Beforth in or made pursuan The representations and w, dnUes of the Seller, satisfied or otherwise rendered Purchase Contract, shall not be deemed to have been discharged, or on behalf t the void by reason of the delivery of the Bonds or termination of this Purchase Cow regardless of any investi,gati.ons or statemcnts a tm nt for the Bonds' Shoule results thereof mad.e d the purchaser fail p�chwcr and regardless o£delivery is and P Y for the Bonds at Closing, any (other than for reasons permitted in this pmehase Contract) to pay to satisfy obligations are terminated for ex incurred shall be borne accordance f the p��e s oblig den r Sell Seller er shallhave arty of the foregoing conditions or any reason permitted under the Purchase Contract, then neither purchaser any further obligations under this Purchase Contract. Section 7. Notice. Seller Any written notice required by this Purchase Contract shall be sentantod to the Purchhaser offices located at 220 Fourth Avenue South, Kent. Washington 98032-5895, prated, Public Finance Department, 1201 Third Avenue. Suite 2500, at Dain Bosworth D 98I01-ated Seattle, W&*ingto 3044. Section 8. Effective Date. his Purchase Contract shall This offer expires on the date set forth on Appendix A. T eto upon the execution of the upon the respective parties her become effective and binding Po ceable as of the time acceptance hereof by the Seller and shall be valid and enforme of such acceptance- very truly yours, DAIN BOSWo RT14INCoxPoRATED By: Joel C. Ing Associate Vice President Accepted By: City of Kent, Washington This loth day of December, 1996 By-- Title: 5 r OM DAiN SOSWOJ77- = i iC U Liu L;Llif U AprENDT7i A $781,624.64 City of Kent, Washington LOCAL IMPROVEMENT DISTRICT NO. 345 BONDS Ter Dated Date: December 1, 1996 Expected Closing Date. December 302 1996 Redemption: The City reserves the right to redeem the Bonds on any interest payment date beginning December 1, 1997 in whole or in part at par plus accrued interest in ascending order by bond number. The Bonds will be redeemed whenever there are sufficient monies available for such purposes. Bonds due December 1, 2008 mA redemptions as Description: follows: Yicld Yicld Er[Smnted Yield Estfinetedor Redemption $°timAted Bond Interest or Redemption Esdm•ted Bond In-ac= price 100 tlecember 1 Amount vomben IUkr Price De 2002"r r 580000 N77A2r� 5R2n0 too 1947 S61.G24.64 1-12 4.25Y° l00 lggg 80.000 1.3-28 4.G0°/, I00 2003 g0,000 93•I08 5.30% too 1999 80.000 29�t4 4,90% too 2004 80,000 109.124 5.40% I00 1999 80,000 29-44 5.00% 100 2005 80.000 125-140 5.50% too 2006 80.000 141456 5.60% 100 2001 80.000 61'7fi 5 (plusAccrucd nmre;tfi MDocember 1,199G) Purchase Price: Par Amount of Bonds $791,624.64 Less Total Underwriter's Discount(1.030%) (9.04 Plus Accrued Interest PURCHASE PRICE „S]76 790.7 Average Coupon: 5.29% True Interest Cost: 5.43% Offer expires December 10, 1996, 11:59 p.m. //,/-7 Kent City Council Meeting Date December 10. 1996 Category Other Business 1. SUBJECT: CANYON CREST ESTATES FINAL PLAT FSU-94-6 2 . SUMMARY STATEMENT: This date has been set to consider the Canyon Crest Estates Final Plat. The plat is located at 9612 S. 222nd in Kent, and is 9. 44 acres in size. The preliminary plat was approved by King County (File No. S90P0031) and upon annexation to the City, the final plat came under Kent's jurisdiction. 3 . EXHIBITS: Staff memo; map; office of the Zoning and Subdivision Examiner (Building and Land Development File No. S90P0031) Findings; and King County Ordinance No. 10697 4 . . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember Lyy moves, Councilmember r seconds to approve the staff' s recommendation of approval for the Canyon Crest Estates Final Plat according to King County Ordinance No. 10697 and File No. S90P0031, and to authorize the Mayor to sign the final plat mylar. DISCUSSION: 4 � ACTION• )� C- Council Agenda Item No. 4B CITY Of Jim White, Mayor Planning Department (206) 859-3390/FAX (206) 850-2544 James P. Harris, Planning Director MEMORANDUM December 10, 1996 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JIM HARRIS, PLANNING DIRECTOR SUBJECT: CANYON CREST ESTATES FINAL PLAT (FSU-94-6) On January 4, 1993, the King County Council approved the Canyon Crest Estates Preliminary Subdivision (Building and Land Development File No. S90P0031), a 19-lot single family residential plat. The plat is located at 9612 S. 222nd in Kent. Now that the plat is located in Kent, it requires final plat approval by the Kent City Council. Consequently, an application for final plat approval was filed by Leroy Surveyors and Engineers, Inc. on September 24, 1996. Pursuant to Section 12.04.400 of the Kent Subdivision Code, a meeting of City staff was held on November 17, 1994 to review the Canyon Crest Estates final plat.. At this meeting it was the decision of City staff that the proposed final plat was consistent with the requirements of the Kent City Code (Subdivision Code) Section 12.04.400 (A) (1) and (2) relative to overall density of the subdivision and the provision of adequate subdivision improvements. Staff recommends the City Council approve the Canyon Crest Estates final plat No. FSU-94-6 according to the conditions referenced in the Building and Land Development Division File No. S90P0031 and King County Ordinance No. 10697. JPH/mp:c:fsu946fp.cc cc: Fred N. Satterstrom, Planning Manager "Il alh.AVI..50.. IKENT.AVASNINGTON )HUi?-iXBS('fGLEPIK)NH _'lleiMi9-; tll)1 fAS n4iy.;;:1 Zr fz ¢z cc cc ow ow O Z r S Z UO U w MLLl W a w¢ U WO Q w ti w m a w >w > < w ul a U < m ma a z az a � U1�< .Lr)iQ I .� I � I I�. �( I I II I ^� b5 5E9 M „ 9b , Co. 00N �6b'6Et .tL'SOt .10"09 .t0'09 .10'09 .ZO"OL m �Nj Ln m Q m ti l� ^ .. ti n a: my my .. v 0v wm r .96'01rt M.BC.EO.0 ^ m m ^ z ^ i 6 N ','BZ"Ott Stl SS z z N z r 0�-0 t^r19 .BZ'VS .00"09 .0009 .VS'9V N w ems.ss 1 �a � mar. C*4 C11 M.tP.LE.TON 2 0 ,19'06t V . Q M.81'.EO.00N n ` Cu .EZ'BVt u .LZ'SB .19'69 �.00"OL 2 Q °F) !� O o w o zw rZ u w Lo coIff m fU H O_ °V IW-w n J O1 ^ w $ " >w o �! F) cc a-z CT) N M.6V.Bt.;ON M.6V,131.tON co ^ m a WI N,6.4A15AAA 6 jiZB W ' Z0'90t v d z OhI¢m J m z LO NC/) Ci) N 1 0 v .VO'OL .00'0L O 3 97 m� Z .62'62t .id LE.t49 Z 0 Z N J e2�2 s2N Q10 •11 O' m . I )A 6 Q J aI p LL 0 m m Z Z 1�1 wm 7 Z Q to¢Y n ��l m Dm� r-I U N rt mul vm ❑1 'i"MZ O �1 N00 .Ill-.WQ Nm � Of v Z ZaoJ 9.54 s , a N w B J ti O Nip- 6 8f ft7 mm cu m v�y� 010 a s J c-1 (D Ri '4iv ul¢ ^O 1 �Lp i N c-I V 4 S I •. t j m` w J 5� yg"W ry H �\Z ♦p o w r 9 jp. w v� �N2 66 a a ♦ 6 s z .z.a w J 'a '� A L1 o m r- f �. 0 1-W .m w -.Z vi +... wa xa¢ y `Py Uw www t� tim zb+ ICf Q W J O E ¢ _m dZ U .. Jw ^o Q o N Q mu CTa u CA a N O m 33 < 0 U ` F f Z . 09 ' 929 M „ 517 , 90o00N December 24, 1992 PLANNING Fl roduced by Audrey C-r++�e+- Ord.59 roposed No. 9o�a�9 2 ORDINANCE NO. �' O 6 9 3 AN ORDINANCE concurring with the recommendation of the Zoning and subdivision Examiner to 4 approve, subject to conditions (modified) the . Preliminary Plat of CANYON CREST ESTATES, E Building and Land Development Filt No. s90POo31. 6 7 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY; 8 This ordinance does hereb y adopt and incorporate herein 9 the findings and conclusions contained in the report of the 10 zoning• and subdivision examiner dated December 9, 1992, which 11 was filed with the clerk of the council on December 24, 1992, 12 to approve, subject to conditions (modified) , the preliminary 13 plat of Canyon Crest Estates, designated by the building and 14 land development division file no. S20P0031 and the council 15 does hereby adopt as its action the-recommendation(s) contained 16 in said report. 17 -INTRODUCED AND READ for the first time this •`S9---~e—day of 19 1_. 19 PASSED THIS DAY OF p 1993 . 20 KING COUNPYC:2u�NCIL 21 KING COUNTY, WASHINGTON 22 23 24 .Ch 25 Zer 2G27 f the Council 2B 29 30 31 32 33 1 r1f December 9, 1992 OFFICE OF THE ZONING AND SUBDrvrsroN EXAMINER KING COUNTY WASHINGTON 300 Prefontaine Building no Prefontaine Place South Seattle, Washington 98104 2EpORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL. ;UBJECT: Building and Land Development File No. S90P0031 Proposed Ordinance No. 90-879 Proposed Plat of CANYON CREST ESTATES Generally between 96th Avenue South and 98th Avenue South (if both roads were extended) and generally between South 222nd Street and South 220th Street (if both roads were extended) 3VERARY OF RECOMMENDATIONS: Division's Preliminary: Approve, subject to conditions (modified) Division's Final: Approve, subject to conditions (modified) Examiner: Approve, subject to conditions (modified) PRELIMINARY REPORT: The Building and Land Development Division's Preliminary Report on Item No. S90P0031 was received by the Examiner on October 20, 1992. PUBLIC HEARING: In conjunction with reviewing the Building and Land Development Division's Report and examining available information on file with the application, the Examiner conducted a public hearing on the subject as follows: The hearing on Item No. S90P0031 was opened by the Examiner at 9:19 a.m. , November 3, 1992, in Hearing Room No. 1, Building and Land Development Division, 3600 - 136th Place S.E. , Suite A, Bellevue, Washington, and adjourned at 11:10 a.m, having been continued administratively until 4:30 p.m. , November 24, 1992, at which time the hearing record closed. Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the Zoning and Subdivision Examiner. FINDINGS CONCLUSIONS & RECOMMENDATION: Having reviewed the record in this matter, the Examiner now makes and enters the following: Canyon Crest Estates S90P0031 ^! Page Z FINDINGS• 1. General Information: Owner; Leslie Janet Schissler 1165 NE Linnwood Drive Albany, OR 97321 Phone: (503) 926-1892 Engineer: John R. Newell, Inc. 213 Williams Ave. S., Suite #200 Renton, WA 98057 Phone: (206) 255-2190 Developer: Randall Martin 506 Second Avenue, t1822 Seattle, WA 98104 STR: 7-22-5 Location: Generally between 96th Avenue Sot and 98th Avenue South (if both roads were extended) and general] between South 222nd Street and South 220th Street (if both roads were extended) Zoning: SR 9600 6 SR 15,000 Acreage: 9.7 Number of Lots: 19 Typical Lot Size: Ranges from 6,900 to 13,000 squat feet Proposed Use: Detached single-family residences Sewage Disposal: City of Kent Water Supply: Soos Creek Water District Fire District: 137 - Kent School District: #415 - Kent Date of Application: April 5, 1990 2. Except as modified herein, the facts set forth in the Kinc County Building and Land Development Division's Preliminar Report to the Zoning and Subdivision Examiner for the November 3, 1992 public hearing are found to be correct ar are incorporated herein by reference. Copies of the BALD Report will be attached hereto for submittal to the King County Council. The BALD Staff recommends approval of the application subject to conditions. 3. The applicant proposes to subdivide 9.7 acres into 19 lots for detached single-family dwelling development. The site is a rural homestead which is largely in pasture grass. ] is located on a promontory which lies southeast of the confluence of two forks of Garrison Creek on the upstream side. Ravines containing the creek channels lie on the plat's northern and western boundaries. These creek channels are characterized by steep slopes and are heavill wooded. The property contains a number of seeps and sprit which emerge on the ravine slopes and have created a woode wetland at the northwest corner of the developable portior of the property. There are also small wetlands at the southeast corner of the site and within a swale across th( northeast quadrant, both of which are proposed to be fill( for development. 4. Because this application was filed prior to the effective date of the Sensitive Areas Ordinance, plat development within and adjacent to sensitive areas has been subject tc substantial mitigation under the authority of SEPA. The SEPA Mitigated Determination of Non-Significance was also appealed by neighborhood residents, resulting in an appeal decision issued September 25, 1991, which modified the original MDNS conditions. The final SEPA conditions provi for protection of Garrison Creek by a 100-foot buffer, a Canyon Crest Estates S90P0031 Page 3 foot buffer from the edge of the wetland lying in the northwest corner, and placement of all 40% slopes in tracts. A fence is also required along the edge of the NGPE to further protect the sensitive resource. Filling of the small wetland at the southeast corner is permitted under the SEPA conditions, with mitigation consisting of constructing a new pipe and outfall to stabilize erosion occurring at the western end of South 222nd Street. Presently, under major storm conditions South 222nd Street in effect becomes a stream bed, resulting in gullies cut into the slopes above Garrison Creek and erosion and sedimentation of the creek bed. The SEPA conditions also require the improvement of South 222nd Street off-site from the plat east to 100th Avenue S.E. The required road improvements include a five- foot paved shoulder separated from the roadway by a four- inch wide white line to provide a pedestrian walkway. S. The preliminary plat is located in an area directly adjacent to the City of Kent on its eastern boundary which is characterized by rural residential patterns undergoing conversion to urban densities. The plats of Rosemary Glen and willow way lie to the southeast of the Canyon Crest Estates site. The applicant has signed an annexation agreement with the City of Kent as part of the process of obtaining utility services from the City. The City has commented extensively on the Canyon Crest proposal and, in particular, has urged that the building setbacks imposed from the top of the steep slopes be increased to 75 feet along the plat's western and northern boundaries. Based on the applicant's geotechnical studies, BALD has recommended a 35-foot building setback from the top of the 40% slopes on Lots 6, 7, and 8 and a 25-foot building setback line for Lots 9 through 15. 6. The principal sensitive areas issue that was not resolved within the SEPA process concerns management of the groundwater which seeps onto the site along its eastern boundary and moves toward the northern slopes above Garrison Canyon. There is a swale within the northeast quadrant of the plat lying generally between Lot 5 and Lot 9, which during periods of saturation contains a discernible flow of water and demonstrates rudimentary wetland characteristics. It is anticipated that the flows now entering this swale will be intercepted along the plat's eastern boundary by a trench system. However, the data needed to design this interceptor trench has yet to be obtained with respect to the exact location and volumes of underground seepage. 7. The conceptual drainage plan for this plat projects two detention facilities. Most of the plat will drain to a detention vault to be located underground beneath the interior cul-de-sac bulb for the access road. From there flows will be released to a biofiltration swale which will run southerly towards the outfall pipe within the South 222nd Street right-of-way. The southernmost portion of the plat will drain directly to the South 222nd Street right-of- way, where run-off will be detained within a detention pipe, then released to the northwest within a biofiltration swale and returned again to the 222nd Street outfall system. This plan has the merit of avoiding new cuts into the steep slopes above Garrison Creek for placement of a drainage outfall, thus eliminating the risk of further erosion of the banks above the creek. Although Garrison Creek experiences flooding problems, SWM has reviewed this project and recommended that the normal 1990 detention standards be applied to this plat. Due to its small size, downstream location and the concurrent implementation of regional detention facilities within the Garrison Creek system, SWM Canyon Crest Estates S90P0031 Page '{ has concluded that over-detention of drainage from this pla is not required. CONCLUSIONS• 1. The preliminary plat for Canyon Crest Estates is within MPS Zone No. 351, which requires a fixed payment per lot for transportation improvements within the King County Road System serving the project. The applicant in its annexatic agreement with the City of Kent has also agreed to pay the City a road improvement impact fee. The applicant has requested that the County fee be offset against the fees payable to the City of Kent.. The Department of Public Wort has reviewed this request and concluded that the roads whic will be improved within the City of Kent under the annexation agreement are different from the roads which would be supported within unincorporated King County by payment of the MPS fee. The record indicates, therefore, that the impact fee payments do not duplicate one another, and no credit or offset against King County MPS fees ought to be allowed for payment of mitigation fees to the City of Kent. 2. The applicant has questioned whether the plat of Canyon Crest Estates is a 10-acre development for purposes of the park fee requirements of KCC Chapter 19.38. The term "10 acres" is defined at KCC 19.04.400 as "ten acres or 1/64 o: a section in which the property is located, including, in addition, up to 30 feet, but no more than one-half of the adjacent right-of-way of any perimeter public street". Wh( one-half of the right-of-way for South 222nd Street is included within the plat of Canyon Crest Estates, the tota acreage of the plat exceeds 10 acres. Therefore, the plat is subject to the park requirements contained in KCC 19.38 3. Although the Kent School District is on record as opposing approval of this project based on its impacts to Kent Scho facilities, the application for Canyon Crest Estates was filed on April 5, 1990, well in advance of the adoption of any King County school mitigation ordinances. Therefore, the project is vested with respect to the application through zoning review of school facilities impact fees. N school facilities impact mitigation requirements have been imposed upon this application under authority of SEPA. 4. If approved subject to the conditions recommended below, t proposed subdivision makes appropriate provision for the public health, safety and welfare; serves the public use a interest; and meets the requirements of RCW 58.17.110. 5. The conditions of approval recommended herein, including dedications and easements, will provide public improvement necessary to serve the subdivision, are required to make t proposed plat reasonably compatible with the environment, and will carry out applicable State laws and regulations i the laws, policies and objectives of King County. RECOMMENDATION: APPROVE the preliminary plat of CANYON CREST ESTATES as revise( and received on June 6, 1992, subject to the following conditi( of final plat approval: OULffiv_c, 1. Compliance with all platting provisions of Title 19 of th( �`��c King County Code. :anyon Crest Estates S90P0031 Page 5 All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. 3. The area and dimensions of all lots shall meet the minimum requirements of the SR 9,600 and SR 15,000 zone classifications, where applicable, or shall be as shown on the face of the approved preliminary plat, whichever is larger. Minor revisions btoatheo plat ed awhich do t the discretion not result in the Building andcLandeDevelopmentpDivision. Building 4. The applicant must obtain final approval from the King County Health Department. 5. All construction and upgrading of public and private roads shall be done in accordance with the King Y Standards established and adopted by Ordinance No. 8041. 6. Final plat approval shall require full compliance with drainage provisions set forth in King County Code 9.04 and storm drainage requirements and guidelines as established by Surface Water Management. Compliance may result in reducing the number aapprovedcplat. oTheofollowingwconditions preliminary rPP P represent portions of the Code and requirements and shall. apply to all plats. a. Drainage plans and analysis shall comply with the 1990 sign ofntheo drainage fand roadway eplans Manual.isrequired pri approval or to any construction. b. Current standard plan notes and ESC notes, as established by BALD Engineering Review, shall be shown on the engineering plans. C. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved on construction drawings file with BALD and/or the Department of Public Works. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." 7. Off-site property drains onto the proposed subdivision along the eastern property line. An interceptor trench, swale, or other suitable facility shall be constructed along the eastern property line of the proposed subdivision to collect subsurface and surface flows. A wet winter evaluation of groundwater entering the site along the eastern property X" line shall be conducted by a licensed professional geotechnical engineer. The sources of all seeps/springs in the vicinity of the eastern property line shall be investigated and determined. Dewatering systems shall be designed to ensure the structural stability of homes, utilities, and roadways. Detailed recommendations shall be Canyon Crest Estates S90P0031 Page incorporated as requirements of plat construction on the engineering plans and shall be reviewed and approved by BALD's geologist. NOTE: This may result in the reconfiguration and/or loss of lots. .8. The applicant shall comply with King County Ordinance 9747 King County Road Mitigation Payment System (MPS) , by payini the required MPS fee as determined by King County Public Works, plus an administrative fee. The applicant or subsequent owner has an option to either: 1) pay the MPS fee and MPS administrative fee at final plat application, 2) pay the MPS fee and MPS administrative fee at the time building permit application. If the first option is chosei a note shall be placed on the face of the plat stating: "A fees required by Ordinance 9747, King County Road Mitigati, Payment System (MPS) , have been paid." If the second optic is chosen, the fee paid shall be the amount in effect on t1 date of building permit application. 9. South 222nd Street shall be improved to full-width, urban minor access standards along the proposed plat's frontage, unless a variance to KCRS 2.03 is obtained. 10. Proposed Roadway A/B within the subdivision shall be designed and constructed to urban minor access standards. 11. A permanent cul-de-sac shall be provided at the terminus o Street B, as shown on the revised preliminary plat receive June 6, 1990. 12. The applicant for this project has submitted a geotechnica report prepared by GeoTech Consultants. The report shall revised and resubmitted with the engineering plans and sha be reviewed and approved by BALD's geologist. The propose rockery and grading for Lot 15 area shall be evaluated in this report, as well as the dewatering of areas in the eastern portion of the site as required by Condition #7. 13. The proposed development shall comply with the King County Administrative Guidelines for Hazardous Slopes, dated February 1, 1987. At minimum, the following information shall be addressed on the applicant's engineering plans: a. Delineate topographic contours for the site consisten with Section 2.3.2.2 of the 1990 SWM Design Manual. b. Delineate the top and toe (as applicable) of all slop 40% and greater with a grade difference of 10 feet or more. These locations shall be flagged in the field and subject to the review and approval of BALD. C. All steep slopes 40% and greater shall be designated Native Growth Protection Easement (NGPE) . d. Applicable building setbacks have been reduced, as allowed in the Administrative Guidelines, based upon review and approval by BALD of a special study. A 35-foot BSBL shall be provided for Lots 6, 7, and 8, and a 25-foot BSBL be provided for Lots 9-15. 14. The following statement shall be shown on the final engineering plan and recorded plat: .anyon Crest Estates S90P0031 Page 7 Building Setbacks and Native Growth Protection Easements structu fill limited rto� a decks, patiosI outbuildings,including,nd obstructions oroverhangst beyond is inches) are prohibited within the building setback line (BSBL) and restricted floodplains (if applicable) , and within the Native Growth Protection Easement(s) as shown. Dedication of a Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in sement. This the land within the ea interest includes. the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land subject to the easement, the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed or damaged without express permission, in writing, from the King County Building and Land Development Division or its successor agency. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of King County or its successor agency. 15. The area north of Garrison Creek that is not contained as NGPE due to steep slopes or SEPA MDNS conditions shall be included within the NGPE tract, as shown on the revised preliminary plat received June 6, 1990. s to or rom 16. There Streetbe no from thosetlotslcular which abuts it, with the South the exception of Lot 15. 17. Lots 6 and 7 shall have undivided ownership of Tract C and be responsible for its maintenance. Tract C shall be 26 feet wide and improved with a 22-foot-wide, paved surface and controlled drainage, unless a road variance is obtained. 18. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners. This shall be stated on the face of the final plat. 19. A boundary delineation reflecting the buffer requirements contained in Condition No. 24.a. shall be in place prior to any grading or clearing of the subdivision and remain in place on each lot until a dwelling is constructed on the lot and ownership transferred to the first owner-occupant.. 20. If lot make-up area is required, calculations demonstrating compliance, including the provision of sufficient flat, dry, usable open space, must be submitted prior to approval of the plan and profile. (This requirement is separate from and in addition to open space required in KCC 19.38.) 21. A homeowners, association or other workable organization shall be established to the satisfaction of BALD, which Canyon Crest Estates s90P0031 Page sS provides for the ownership and continued maintenance of thc- open space/NGPE tracts. by kLtLtAb 22. Compliance with KCC 19.38 shall be effected in providing space r r either acea fee Theloptionieu f open anshallbespecified at�the open s . chos time of engineering plan submittal. If a fee-in-lieu is chosen, details shall be worked out with BALD and Parks prior to recording. If open space is provided, an open space plan shall be reviewed and approved by BALD and Park prior to engineering plan approval. 23. An HPA permit from the Washington State Department of Fisheries may be required for the stormwater outfall or other stream work associated with the Canyon Crest Estates project. Either the required permit or a statement of waiver shall be submitted to King County prior to engineering plan approval. The following conditions have been established by SEPA as necessary requirements of this development as mitigation. The applicant shall demonstrate compliance with these items prior t final approval. (Compliance with Condition 24.o. has been previously demonstrated.) 24. a. The streams, wetlands associated with the streams, an steep slopes shall be placed in a separate tract to b encumbered in perpetuity by a Native Growth Protectic Easement (NGPE) . The minimum buffer shall be 1) One hundred (100) feet from the Garrison Creek ordinary high water mark, or 2) Fifty (50) feet from the outer associated wetlan edge; or 3) The top-of-bank of any adjacent steep slopes, whichever distance is greatest. If the boundary of t NGPE at the top of the slope as required by the geotechnical review is greater than 100 feet, then tk boundary shall be clearly identified as the NGPE edge b. A fence is required along the edge of the NGPE to clearly identify the area as a sensitive resource. Signs should be posted along the fence line to clear] identify the area as an NGPE. A detail of the propo: fence and signs, and revised site plans showing its location, must be submitted for BALD wetlands approve The fence and signs shall be maintained by the homeowners' association. The function of the fence to protect the high value wetlands associated with Garrison Creek. Clearly identifying the buffer edge will keep the buffer from being considered part of t) residences' back yards and will keep domestic animals from intruding into the stream corridor. C. If the small wetland area in the southeast corner of the site is converted into a detention basin or fills water quantity and quality functions of this wetland shall be created within the stormwater detention system. To compensate for the loss of hydrologic storage will require dead storage within the constructed detention system. Biofiltration is required to adequately treat the stormwater. d. If the small wetland area in the southeast corner of the site is filled, this will contribute to the major ;anyon Crest Estates S90P0031 Page 9 erosion problem present at the outfall of stormwater from South 222nd Street. If this wetland is filled, the applicant shall submit a plan to stabilize the major erosion problem present at the outfall of stormwater from South 222nd Street. It is felt funding this project would be a greater benefit to the wetland/riparian fisheries resources on-site than vegetating a detention basin with wetland species. The applicant shall submit a plan to regrade and vegetate the existing scar. Plans shall be subject to approval by King County BALD wetlands staff. This blow-out is resulting in a large amount of silt filling in the gravel of the south fork of Garrison Creek. The fisheries habitat in Garrison Creek would be improved by this project. e. The applicant shall post a performance bond in an amount to cover the cost of planting and. construction management by a qualified consultant, and monitoring by BALD staff. A three-year monitoring period is required to assure the plantings survive. Upon completion of the final monitoring inspection of the site, King County BALD staff shall release the bond. If plantings have not been successful at the end of the monitoring period, the applicant is responsible for preparation and implementation of a contingency plan to remedy the situation. f. Passive recreation will be allowed in the stream corridor by use of an existing, gently sloping trail. g. If the wetland in the southeast corner of the proposed plat is filled, the design of the R/D facilities shall fully compensate for this lost storage. h. If the wetland in the southeast corner is filled or converted to an R/D facility, the area shown as Tract A on the preliminary plat received June 6, 1990 shall be designated as an NGPE to partially mitigate the loss in habitat values of the wetland. i. Stormwater shall be conveyed from R/D facilities down the steep slope NGPE area in an enclosed system constructed of high-density polyethylene pipe (e.g. . Driscopipe) with adequate energy dissipation, as shown on the revised conceptual drainage plan received February 15, 1991. j. Stormwater run-off from this site drains to Garrison Creek. Storage and release design requirements for this proposal shall be reviewed by King County SWM and the City of Kent, with final design to be reviewed and approved by BALD. This proposal shall meet the retention/detention requirements of the 1990 King County Surface Water Design Manual. k. An erosion and sediment control plan shall be submitted that specifically addresses potential soil instability problems for the proposed Lots 6 through 15, with the plan being developed consistent with the requirements of KCC 9.08. This plan shall be reviewed and approved by the King County Conservation District and BALD. To reduce potential impact to transportation from this proposal: 1. South 222nd Street shall be improved from the plat to 100th Avenue S.E. If the applicant does not propose to Canyon Crest Estates 59OP0O31 Page 10 significantly change the existing:vertical alignment < South 222nd Street, then approval•of the existing roadway grades must be obtained by the BALD Protection Engineer prior to the public hearing for this preliminary plat. Along one side of South 222nd Street, provide a five-foot-wide, paved shoulder hits separated from the roadway by a four-inch-wide, line as specified by KCRS 3.A.2 and KCRS 3.O7.C. M. Significant trees shall be identified, mapped, and retained on-site. Significant trees are defined as healthy evergreen trees eight inches in diameter or greater and healthy dwithuous trees 12.measurements takens54ninche: diameter or greater, above existing grade. However, a reasonable "buildiry envelope" shall be permitted within which such trees may be removed for the purpose of constructing homes, driveways, and appurtenant structures. n. A geotechnical report shall be prepared which address the potential impact which the reported hillside seep may have upon long-term structural stability. This La i report shall be made available to the Building and Development Division in a sufficiently Y man ner allow full discussion and review in the preliminary plat hearing. o. A downstream analysis shall be prepared which address seasonal flooding, erosion, and sedimentation conditions immediately below the subject property (se Exhibit 21, photographs of Bowser property) . This report shall consider the potential impact upon those Garrison Creek conditions and make necessary recommendations, if any additional controls are required. This report shall be made available to the Building and Land Development Division in a sufficiently timely manner to allow full discussion e review in the preliminary plat hearing. 25. METRO shall review and approve proposed construction in t2 area of the sewer easement prior to engineering plan approval. 26. The final engineering plans for the proposed subdivision shall include off-site improvements to South 222nd Street which are consistent with the conditions specified in the approved variance request (File No. S90VO251) dated January 30, 1991 and the SEPA MDNS conditions. Note: Reconstruction and/or an overlay may be required. 27. Construction work related to clearing, grading and fillinq utilit. required for the construction of roads, driveways, and drainage facilities shall occur only during the month: of April through October. Prior to November 1, all areas exposed soil must be vegetated, mulched or otherwise protected from erosion potential. The final engineering plan shall contain notes to implement this restriction. 28. Drainage system improvements shall generally adhere to th �— revised conceptual drainage plan received June 5, 1992, a shall comply with applicable requirements of the 1990 SWM Design Manual. The conveyance system and biofiltration swale shall be placed outside of steep slope BSBLs unless otherwise approved by BALD. 29. Retention/detention shall be provided for the increased impervious surface area added for the required South 222n 'anyon Crest Estates S90P0031 Page 11 Street improvements, as shown on the revised conceptual ` drainage plan. 0. Unless waived by the BALD Fire Protection Engineer, a note shall be placed upon the final plat requiring all residences to be sprinklered. 1. The following note shall be placed on the face of the final plat: "Lots within the subdivision are subject to the terms of King County Ordinance Nos. 9747 and 10162, which impose impact. fees to fund improvements to the County transportation and school systems made necessary by new development. If the plat developer has not paid applicable fees at the time of final plat submittal, each lot owner shall be liable for such fees at the time of application for a building permit." )RDERED this 9th day of December, 1992. SUfford L. imith eputy Zoning and Subdivision Examiner CRANSMITTED this 9th day of December, 1992, by certified mail, to :he following parties of record: terry Adams Victor & Rosalie Bowser 3etty Coblentz del Moral & Associates teffrey Dion Lyle Fox sichelle Hodgins GeoTech Consultants kandy & Tana Koopmans Randall Martin .lyde Mounier John R. Newell ;eslie & Janet Schissler Joe & Gwen Sextro id Shultz TNS Construction 41chael Wise Mr. & Mrs. R.D. Yadon lictoria Zapanta George & Joanne Zimmer TRANSMITTED this 9th day of December, 1992, to the following: Susan Amundsen, City of Kent Public Works Kim Claussen, Building and Land Development Division Zing County Conservation District Louis Haff, King County Public Works 3ordon Hull, Building and Land Development Division Cammy Johnson, Building and Land Development Division Kent School District #415 ;ary Gill, City of Kent James Harris, City of Kent 4ark Madden, King County Public Works Gregory Bush, METRO Lisa Pringle, Building and Land Development Division Paul Reitenbach, Community Planning Barbara Ritchie, Department of Ecology Ryan Shular, Building and Land Development Division Dick Thiel, King County Surface Water Management Arthur Thornbury, King County Council Steve Townsend, Building and Land Development Division Washington State Dept. of Fisheries Gail Bruce Ellen Gullholm Tom Kellogg Diana Kinared New Construction Services Roger Dorstad Canyon Crest Estates S90P0031 Page 12_ NOTICE OF ep A AhD ADDITIONAL AC'T'�'ON RF. U_G TRFD In order to appeal the recommendation of the Examiner, written notice of appeal must be filed with the clerk tofKtthe King ing County County council with a fee of $125.00 (check payable office of Finance) nr before December 23. 1992. If a notice of appeal is filed, the original and 6 copies of a written appez statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Councilteme r before December 30. 1992. Appeal may refer only to facts contained In the nearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office Of tOethe Clerk of o] Council, Room 403, King County Courthouse, p is not se business (4:30 p.m.) on the date due. Prior mailing sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authori to extend the time period unless the eiOffice Of the Clerk is event delivery not open on the specified closing , pri to the close of business on the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed with 14 days calendar days of the date of this report, or if a writt appeal statement and argument are not filed within 21 calendar days of the date of this report, the Clerk of the Council shall place a proposed ordinance which implements the Examiner's recommended action on the agenda daoof the next availableopt the Council o cile meeting. At that meeting, may refer the matter am na erlrecommendation, may defer actionremand Examiner for further to Council committee, or mayemand to hearing or further consideration. Action of the Council Final. The action of the Council approv or adopting a recommendation of the Examiner shall be final an. conclusive unless within thirty (30) days from the wdateoff the action an aggrieved party or person appliesof Ki certiorari from the Superior Court inof and review of the action State of Washington, for the pure taken. DING MIND ES OF HENTOvEME DIVZSIONIFZLE2NOUBS90P0031LIC INGCANyON ON ILCREST L ESTATES: Stafford L. Smith was the Hearing Examiner in this matter. < Participating in the hearing were Kim Claussen, Ryan John R. Newell. The following exhibits were offered and entered into the recoi Exhibit No. 1 Building and Land Development Division File No. S90P0031 Exhibit No. 2 Building and LandDevelopment to the Di isdated ion Preliminary Report November 31, 1992 Exhibit No. 3 Application dated April 5, 1990 Exhibit No. 4 Environmental Checklist dated April 5, 1990 Exhibit No. 5 Mitigation Declaration of Non-Significance dated March 5, 1991 (original) ; Mitigated DeteminatExaminer's idecision on of nSeptember a nce revised p 25, 1991 :anyon Crest Estates S90P0031 Page 13 :xhibit No. 6 Affidavit of Posting indicgting October 1, 1992 as date of posting and October 5, 1992 as date affidavit was received by the Building and Land Development Division ;xhibit No. 7 Revised plat dated June 5, 1992 :xhibit No. 8 Land Use map 613E and 618E ;xhibit No. 9 Assessors maps SE 7-22-5 ;xhibit No. 10 Three (3) wetland reports by DelMoral i Associates: A) received April 5, 1990; B) received July 23, 1991; C) received June 6, 1992 :xhibit No. 11 Five (5) geotechnical reports by Geotech Consultants: A) received April 5, 1990; B) received May 30, 1990; C) received June 12, 1990; D) received April 29, 1992; E) received June 5, 1992 :xhibit No. 12 Two (2) BALD geologist memos: A) dated December 2, 1991; B) dated September 1, 1992 :xhibit No. 13 Two (2) drainage studies/conceptual plans by John Newell: A) dated November 14, 1990; B) dated June 5, 1992 ;xhibit No. 14 Letter from George and Joanne Zimmer dated October 18, 1990 :xhibit No. 15 Letter from Mr. & Mrs. R.D. Yadon received November 1, 1991 ;xhibit No. 16 Letter and pictures from Victor and Rosalie Bowser received September 25, 1991 'xhibit No. 17 King County Community Planning memo dated August 18, 1992 xhibit No. 18 King County road variance decision, File No. S90V0251 .xhibit No. 19 Fire approval dated June .4, 1992 :xhibit No. 20 SWM memo dated February 6, 1992 xhibit No. 21 Three (3) City of Kent letters: A) dated January 10, 1991; B) dated September 28, 1990; C) dated October 8, 1990 xhibit No. 22 Examiner's report (SEPA appeal) dated September 25, 1991 xhibit No. 23 Recommended New Condition No. 27 xhibit No. 24 Recommended New Condition No. 28 xhibit No. 25 Recommended New Condition No. 29 xhibit No. 26 Petition for Annexation Agreement and Declaration of Covenant xhibit No. 27 Memo to Stafford Smith from Mark Madden, Public Works, dated November 17, 1992 90P0031/Canyon Crest Estates LS:gb plats\S90P\S90P0031.rpt Zang County• Division of Roads and Engineering Department of Public works 936 King County•Administration Bldg. S(M fourth Avenue Slanle•Washington 95104 anuary 30, 1991 - r. John R. Newell, P.E. ohn R. Newell Inc. P.S. ost Office Box 396 enton, WA 98057 E: Request for Variance - Plat of Canyon Crest Estates (BALD File 990V0251) ear Mr. Newell: hank you for your November 9 and December 31, 1990 ubmittals to Building and Land Development Division (BALD) equesting a variance from Sections 2.03 and 2.07 of the King ounty Road Standards (KCRS) concerning the construction equirements for Southeast 222nd Street off-site of the object plat. oads and Engineering Division staff, along with BALD staff, ave reviewed your variance request and made an on-site nvestigation. The findings are as follows: * This development needs off-site road improvements to obtain adequate access. The level of improvement can be determined by the County Road Engineer as stated in Section 2.01 B.1 of the KCRS. * Southeast 222nd Street west of 100th Avenue Southeast is an existing County right-of-way that accesses the proposed plat. It is a maintained road extending approximately 1,000 lineal feet from 100th Avenue Southeast to the east boundary of the proposed plat. * Historically, developers improve their property frontage to the prescribed level of improvements. In this case, it would be an urban type street. * The off-site area has properties that are further subdividable. 1 of Z RECEIVED John R. Newell FEB 11991 nuary 30, 1991 ge Two SUBDIVISICNS k As the off-site areas develop, we can expect them to do their frontage improvements to the urban standards. ;ad on these findings, I conclude that the off-site road, itheast 222nd Street, may be constructed to rural standards :h 20 feet of asphalt, travelled width, four-foot wide ivel shoulders and open ditches. You may utilize the fisting grade of the roadway, subject to approval of the- BALD -e Protection Engineer. No cul-de-sac need be placed`at the st terminus of Southeast 222nd Street because the design of roadway should make the cul-de-sac within the plat the -minus of the roadway system. ink you for writing. If you have any questions, please itact Design Engineer George Wannamaker at 296-6530. icerely, is J. Haff, P.E. my Road Engineer :TB:fq Jim'Sanders". Development -Engineer, Subdivision. Prodµcts Section; Building and-Land Development Division George Wannamaker, Design Engineer Thomas Bertek, Road Standards and Variances Engineer Z o� King Count• surface Water Management Division Depar,mem of Public Works Yesler Building 400 Yesier Wan--RWM 400 sranlr.WA 961"2637 (206)296-G519 -February 6, 1992 TO: Joe Miles, P.E., Interim Supervising Engineer, Engineering Review Unit Building and Land Development (BALD) Division VIA: Dick Thiel, P.E., Manager, Engineering Services SectionFM: Curt Crawford, P.E., Supervising EngineerA/b Drainage Investigation (DI) Unit RE: Canyon Crest Estates Surface Water Management Division DI Unit staff have considered stormwater storage/release requirements for the above-referenced proposed plat per your December 5, 1991 memorandum and condition 10 of the SEPA mitigated DNS. We do not believe that requirements exceeding the minimum specified in the 1990 Surface Water Design Manual are warranted for this plat, based on the following: 1. The developed portion of the plat represents less than 0.3 percent of the contributing basin (about 5 out of 1,600 acres) . 2. The preliminary downstream drainage analysis submitted per condition 15 of the SEPA mitigated DNS indicates that undetained flows from the devel- oped site would increase peak flows in Garrison Creek by about 0.2%. This is insignificant. 3. Given the location of the plat in the bottom third of the basin, it may be appropriate to consider undetained discharge so as to avoid hydrograph collisions at the point of discharge. This would require further analysis. 4. The Black River Basin Reconnaissance report acknowledges active erosion problems in Garrision Creek both upstream and downstream of the proposed plat. General recommendations outlined in the report include restricting development along ravine edges, tightlining outfalls, and reducing flow rates and volumes. The report also recommends three regional in-stream R/D facilities to control peak flows. The City of Kent intends to construct R/D facilities at 98th Avenue South and South 232nd Street and on the middle fork at about Southeast 218th Street per the reconnaissance report. Construction dates have not been scheduled. AAk ac lrna* I Cb 1 0� 2 oe Miles, P.E. RECEIVED ebruary 6, 1992 FEB 111991 age Two at1BUIVISII)Ns The Washington State Department of Transportation .(WSDOT) has just completed construction of a regional stormwater detention facility in the middle fork of Garrison Creek north of 104th Avenue Southeast and about one-quarter mile upstream of the proposed plat. According to Leonard Williams of WSDOT, the facility will "store the 25-year storm with a release rate of 4 cfs over an IB-hour period." With the completion of the WSDOT facility and subsequent flow reduction at the point of the proposed plat discharge, additional contributions to flow reduction by overdetention within this plat would be trivial. 5. William Wolinski of the City of Kent concurs that overdetention by this plat is probably not warranted. A January 10, 1992 letter from Gary Gill of the City of Kent advises that "the requirements should at least meet that of the King County Manual ." 6. If detention requirements typical of critical drainage areas are imposed on this plat, consideration should be given to designating the entire basin a critical drainage area. We do not believe a critical area desig- nation is justified at this time, however, since the basin is approaching build-out and regional detention facilities are being built to mitigate existing erosion. riven the considerations outlined above, extraordinary stormwater control does iot appear to be justified. If you have any questions, please call Bruce Johnson, DI Unit Senior Engineer, at extension 6-8324. :C:BJ:bg )2:MMB :c: William Wolinski, City of Kent, Kim Claussen, Planner, Planning Unit, Building and Land Development Division Ryan Shular, Engineer, Engineering Review Unit Jim Kramer, Manager, Surface Water Management Division tTTN: Ken Guy, Assistant Manager Bruce Johnson, Senior Engineer, Drainage Investigation Unit Z ot- Z John R. Newell Inc.,P.S. 231 Williams Ave.So..Suite 200 P.O.Box 396 Renton,Washington 98057.0396 Phone:(206)255.2190 June 4, 1992 ING COUNTY B.A.L.D. DIVISION arks, Planning & Resources Dept. 500 - 136th Place Southeast ellevue, WA 98006-1400 a: CANYON CREST ESTATES/Preliminary Plat K.C. B.A.L.D. File No. S90P0031 antlemen: irsuant to King County Building 6 Land Development's letter of arch 16, 1992 we have prepared an exhibit of the centerline -ofile grades of South 222nd Street from 100th Avenue S.E. to the -oposed plat of Canyon Crest Estates. This profile information : based on a field survey by LeRoy Inc. on June 3, 1992. As shown t the exhibit, grades between station 5+50 and 9+50 exceed 15 !rcent. request your review and approval of the existing grades per Item of the S.E.P.A. Appeal. Lank you for your consideration. .ncerely, 1HN R. NEWELL INC. , P.S. ^ P o ED n MC- R Y ®" Al-n R JUN 7 s 19S' h R. Newell, P.E. N/)cb KJNG COUNTY FIRE ENGINEERING —274 /�LG ,�UTvRE RES/��ivCES CO nJ s rrt 1-1 c7-(E:D w i rrtl.k) 7?�41s P447- S/1-9W, QB�E 5,`WIN�RE.O 800P00 31 J�!-4achmen-� I1 FILE S90P0031 CANYON CREST ESTATES Les 6 Janet Schissler 6: 9.70 acres into 19 7-22-5 PROPOSED 0' 600' SUBDIVISION A N \ _ /9R9•R S•R o01 S•R!� .... �• f C 196001 ''f'• f 9•R _ -� (9,600) ( 196001 r - �x t f SR rf f 19,600) fa III- n [ur. .� [n.• rI. 5•R S-R (7,200) (9.600) i + i S-R 9:0 I " Zp3h I (9.600) so 6 I 19,6001 C s. zle•• r (9,600) 1e6R K E N T ORD.2611 3-12.86 S-R ( § N T 19,600I W ORD.NO 1986 9`IS'76 9T�• ( i� C PUD r S-R ••• V15.000) I'.'�r• S-R S-R f (9,6001 17,2001 e.zpl Y IOIMM 0;n Flye( G ' O I 0) i (15,000) (9600) i (9600) 5 EL e I I) S-R RAl- S-R (9,600) I S-R 900-P H°�(I5,000) I (9,600) I )) I z I I 2G I Y' RS-1.200 0 i `�OQO'rlry I '1• s[ r ... 3 s.c. 2 I ti o_ S-R ° Rsn.2oo (9,600) i I i) 9 (9,600) Kent City Council Meeting Date December 10. 1996 Category Bids 1. SUBJECT: CENTENNIAL CENTER CUSTODIAL SERVICES 2 . SUMMARY STATEMENT: On December 4th, the Operations Committee recommended award of a three-year custodial contract for the Centennial Center to the low bidder, Varsity Contractors for $56, 625.49 . Bids were opened November 20, 1996. 3 . EXHIBITS: Memos fro May Miller, Director of Finance and Charles Lindsay, Facility Manager 4 . RECOMMENDED BY: Operations Committee (3-01 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember ti% moves, Councilmember �' 2r - seconds that the three-year Centennial building custodial contract be awarded to Varsity Contractors for the bid amount of $56, 625 .49 . DISCUSSION: b v ACTION: M Council Agenda Item No. 5A Memo Date: November 26, 1996 To: Kent City Council From: May Miller, Director of Finance Subject: Centennial Center Custodial Bid Authorization is requested to award the bid for custodian service at the Centennial Center to the low bid of Varsity Contractors. The contract is for a three year period based on a maximum (100% leased) amount of$56,625.49. The building will be based on actual leased space (currently at 90-95%). Varsity Contractors is a local company with excellent references. Attachment: Memo from Charlie Lindsey, Facilities Manager COUNCIL ACTION: Approve awarding a three year Centennial custodial contract to the low bidder, Varsity Contractors, for $56,625.49. MEMO DATE: November 25, 1996 TO: Mayene Miller, Finance Director FROM: Charlie Lindsey, Facilities Manai er SUBJECT: Award of Custodial Bid We recently requested and received three (3) bids for Custodial Services in the Centennial Center. The bids were as follows: Bidder Estimated Annual Cost Allied Building Services, Inc. $58,495.05 Cedar Building Services, Inc. 57,824.80 Varsity Contractors, Inc. 56,625.49 We are recommending Varsity Contractors, Inc. be awarded the bid and request authorization to negotiate a three (3) year contract to provide custodial services for the Centennial Center. The values are estimates because we are assuming the building will be 100% leased and that all carpets will get cleaned the same number of times annually. Kent City Council Meeting Date December 10. 1996 Category Bids 1. SUBJECT: CENTENNIAL CENTER TENANT IMPROVEMENTS 2 . SUMMARY STATEMENT: Bids were opened on November 27 for tenant improvements at the Centennial Center. The Operations Committee recommends award of the bid to the second lowest bidder, H&S Construction, Inc. , in the amount of $54.999.a. 3 . EXHIBITS: Memo from Charles Lindsay, Facilities Manager 4 . RECOMMENDED BY: Operations Committee (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 that H&S Construction, Inc. , be awarded the contract for tenant improvements at the Centennial Center in the amount of $54,999.a. DISCUSSION• (? ACTION• ` Council Agenda Item No. 5B Memorandum To: City Council Operations Committee CC: Mayene Mill „Fi Lcector From: . Charlie Lind Date: December 4, 1996 Subject: Request to Award Bid We recently went out to bid for tenent improvements for Valley Cities Counseling and Consultation space in the Centennial Center. Ten bids were received with one of them submitted by a subcontractor in error. The nine qualifying bids were as follows: Baltic Design, Inc. $ 49,500.00 H&S Construction, Inc. 54,999.00 Kiel Construction, Inc. 55,800.00 DP, Inc. 63,856.27 C.D. Construction & Mgmt 64,767.00 F.T. Enterprises, Inc. 65,048.00 Brady Construction, Inc. 67,055.00 Summit Central, Inc. 78,000.00 Brethren Construction 81,750.00 MDM, Inc. 107,300.00 Checking references for the 3 lowest bidders we received negative references for the low bidder. Therefore, I am recommending that the bid be awarded to the second lowest bidder H & S Construction Inc., for $54,999.00 and that the Mayor be authorized to sign a contract for the work. CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES NOVEMBER 6, 1996 COMMITTEE MEMBERS PRESENT: Jon Johnson-Committee Chair, Jim Bennett, Leona Orr COUNCIL MEMBERS PRESENT: Connie Epperly STAFF PRESENT: Arthur Martin, Brent McFall, May Miller, Kelli O'Donnell, MEMBERS OF THE PUBLIC: Joel Ing, Dave Trageser The meeting was called to order at 4:38 p.m. by Chairperson Johnson. Approval of Vouchers: Committeemember Orr moved to approve the vouchers for October 31, 1996. Committeemember Bennett seconded the motion. All claims for the period ending October 31, 1996 in the amount of$2,274,598.05 were approved for payment by a vote of 3-0. Centennial Center Lease Policy Resolutim Director of Operations Brent McFall unformed the Committee that when the Centennial Center was leased it was noted that there were a number of private leases as well as some vacancies. He explained that when the first lease was brought to the Council for approval a policy was discussed to give guidance and authority to enter into leases. The proposed policy would give administration the authority to enter into leases at the Centennial Center that did not exceed ten years in length inclusive of any options. Anything longer would be required to be brought to Council. Additionally,any lease entered into would be required to be at market rates. Anything below this rate would again have to be brought to Council for approval. This policy would allow the Facilities Manager Charlie Lindsey to enter into leases that met these criteria. McFall recommended that the Committee recommend to Council adoption of a resolution adopting the policy. Committeemember Bennett moved to recommend to Council adoption of the Resolution establishing a policy for leasing of vacant space in the Centennial Center to private tenants. Committeemember Orr seconded the motion which passed 3-0. International Program Uj2date Governmental Affairs Manager Arthur Martin stated that this report was the annual update on international activities and by coincidence had fallen on the same day as the opening of the Asia Pacific Trade Exchange. He complimented the Council on their foresight in funding the Trade Exchange since its inception. Martin outlined some of the highlights of other international events including the recruiting trip of Mayor White and Council President Houser which had led to the success of the Trade Exchange. He reported that a new sister city had been formed with Norway during the past year and an official delegation to Norway is in the planning stages for next year. Martin stated that three or four other cities have contacted the City of Kent hoping to begin the process of forming a sister city. One of them is in Ireland which has elicited a great interested in the community. Of the four existing sister cities,three have been active over the past year with the exception of Kherson, Ukraine which continues to suffer from governmental unrest, economic unrest, security problems, etc., and is in a holding pattern. He noted that there is a large Ukrainian population in Kent although no leaders have emerged to take forward the relationship. The Yangzhou relationship continues to boom, Martin continued, with 340 visitors to date excluding the Trade Exchange; the bulk of those visitors were from Yangzhou. Delegations have been received from six nations including Korea, China, Japan, Norway, Singapore, and Hong Kong. Martin estimated that $385,000 had been spent in Kent on food, lodging, shopping, and transportation by our international visitors. Arthur noted the other benefit to the city is the number of business relationships that have been entered into. He reported that Flow International has established a facility in China and attended Yangzhou's first trade exposition. Gargoyles and Boeing have been working on agreements along with other businesses OPERATIONS COMMITTEE MINUTES, CONT. N(1V- r 1 - as a direct result of the sister city program. Martin stated that word has just been received that another major business is relocating into Kent specifically because of our distribution system. He concluded that hundreds of citizens are involved in the program and the support groups are increasingly taking on the responsibilities of these exchanges. Committeemember Bennett stated that he had been contacted by Jason Hang, a leader in the Korean- American community, about the possibility of establishing a sister city. Bennett stated that he had been told that there is a process by which a friendship city is started first and asked for an explanation of the difference between a friendship and a sister city. Martin responded that about a year ago Jason had contacted the city with an interest in establishing a sister city with Kang Dang, Seoul, Korea, one of the seven cities that make up Seoul. Arthur stated that he explained to Mr. Hang that it wasn't possible to start out as a sister city because of the amount of financial obligations, etc. and suggested that it should start as a friendship city which does not obligate the city to anything but encouraging trade, visits, exchanges, and agreeing to provide information and cooperation as the first step. After a support group is developed a sister city may be established as part of the sister city program. Martin noted that a friendship agreement has been drafted by Mr. Hang which would basically be an agreement to agree. He added that a group is coming from Kang Dang in November that would like to enter into this agreement. Bennett noted that Ms. Orr has been instrumental in this process and thanked her and Mr. Martin for their work on this program. Authorization to Select LID I I ill (JPrvsriter and Proceed with Rond Sale Finance Director May Miller reviewed the process that had been gone through to select the LID underwriter with the Committee concluding that Dain Bosworth, Inc. was selected as the number one underwriter with Seafirst selected as number two. Miller recommended that the right be reserved to utilize Seafirst as an extra selling agent. Miller recommended that the Mayor be authorized to sign a three year contract with Dain Bosworth with two one-year extensions. She also asked for authorization to proceed with the LID Bond sale in the amount of$781,685 for LID 345. Joel Ing and Dave Trageser of Dan Bosworh Incorporated introduced themselves to the Committee. Mr. Ing distributed information on Dain Bosworth Incorporated and the proposed bond sale for LID 345. He reviewed the packet with the Committee noting that the fees are only a conservative estimate. May Miller asked to have the contract authorization on the next Consent Calendar along with permission to begin the process with the final interest rate and costs brought back on December 10 with the official ordinances. Bennett moved to recommend to the full Council to authorize the Mayor to sign a three-year underwriter contract, with two one-year extensions, with Dain Bosworth Inc. Also authorize proceeding with Dain Bosworth Inc.'s sale of approximately$781,625 in LID bonds for LID 345. Orr seconded the motion,Johnson asked for a vote with the motion passing 3-0. August/ el2 err+ er Financial Report Review May Miller noted that the reports had been distributed with the agenda to allow the Committee time to review them and stated she would be happy to answer any questions. She first asked to review page 11 and 12 of the September report with the Committee on the Sales Tax. She noted the October sales tax was higher than projected although the graph on page 12 shows that the tax for the service area continues to be down$384,000. This is offset by strong contracting and wholesale revenue. May pointed out if it were not for these two strong areas we would be in a shortfall. She added that the amount that will be taken as an exemption at year end is still the big question. May concluded and asked Committeemembers to contact her if they have any questions. Page 2 OPERATIONS COMMITTEE MINUTES, CONT. �T[�vPm�Pr h 1 AAh 1997 Budget Review & Recommendation to Council May Miller distributed the 1997 Budget Ordinance noting that some technical adjustments had been made and were outlined. May reviewed the adjustments with the Committee noting that these are all of the technical adjustments necessary to balance the funds. She reviewed the current Budget Analysis and Forecast with the Committee explaining that a modest growth in revenue is projected and expenditures are less than revenue with the majority of the increase in expenditures related to salary costs. She added that about$1 million of the capital fund has been frozen until the exemptions impacts are known. Orr asked what funding was being given to the Asia Pacific Trade Exchange. McFall responded that $25,000 is in the budget for economic development promotion. It hasn't been specifically identified to the trade exchange and ultimately the decision is up to the Council for 1997 if they wish to continue to support it at$25,000. McFall stated that in the past the reserves from the Economic Development Corporation paid for the trade exchange. The EDC is no longer generating that kind of revenue so any future funding comes straight from the general fund. McFall suggested that in the future we may do less with the trade exchange and utilize funds one-on-one with specific delegations visiting for specific business purposes. That will be a policy decision for the Council and funding is available if Council wishes to continue support of the trade exchange. Miller continued that on page 28 and 29 the total staffing increase is 5.3 positions of which only 1/2 is in the general fund. Normally in a budget this size 15 or 17 positions would be added in a growth year. She noted that the graph included shows the position per thousand residents has been reduced from 15 to about 10. Bennett asked what is funded for the Shuttle Bus. May responded that it is funded for 1997 with staff working on future funding from King County. After further discussion, McFall noted that two actions are needed: the adoption of the 1997 Budget and the adoption or the Tax Levy Ordinance. May distributed the draft Tax Levy Ordinance and explained that according to the law only the dollar amount for the general fund and voted debt service needs to be adopted. She noted that we won't know until we get the final assessed valuation from King County what the mils per thousand will be. May reviewed the figures used to estimate the 1997 tax levy ordinance. She noted that the City Attorney developed an ordinance that reserves the right to change it at the next meeting when we get the assessed valuation. McFall emphasized that we adopt the dollar amount of taxes collected. Jon Johnson recommended that the Committee recommend approval of the Tax Levy Ordinance to Council. Orr asked if he wanted separate motions. Johnson stated that he felt the budget wasn't ready yet since the Council has asked to have staffing levels of administration and elsewhere looked at. Johnson asked if the Committee wanted to address the Mayor's salary today or at a future meeting. Orr moved to recommend adoption of the 1997 Tax Levy Ordinance of$14,489,025 for the general fund and $1,850,707 for the voted debt service fund. Bennett seconded the motion which passed 3-0. Johnson asked if the Committee wished to discuss the Mayor's salary and administration staffing today or set it for a future meeting. Bennett suggested it be set for the next meeting if it would allow it to be settled by the end of the year. After discussion a special meeting was set for Wednesday, November 13, at 4:30 p.m. May asked if there was any information that could be provided. McFall added to feel free to call himself or May at anytime and if possible information requested would be faxed before the meeting. Johnson requested information on the number of recreation coordinators in the city and what their functions are. He also suggested that a comparison of other cities administration staffing, salary and functions be compiled from comparable cities. There being no further business,the meeting was adjourned at 5:40 p.m. Page 3 OPERATIONS COMMITTEE MINUTES NOV-EMBER 13, 1996 COMMITTEE MEMBERS PRESENT: Jon Johnson-Committee Chair, Jim Bennett, Leona Orr COUNCIL MEMBERS PRESENT: Connie Epperly STAFF PRESENT: Cliff Craig, Barbara Ekstrom, Jana King, Roger Lubovich, Brent McFall, May Miller, Kelli O'Donnell, Sue Viseth MEMBERS OF THE PUBLIC: Barbara Ivanov, Bill Westcott, Rico Yingling, The meeting was called to order at 4:37 p.m. by Chairperson Johnson. 1997 Budget Review & Recommendation to Council Cont Committee Chair Jon Johnson invited any comments from the public on the 1997 budget. Rico Yingling introduced himself as President of the Kent Chamber of Commerce. He stated that he would like to speak on behalf of the Chamber regarding the Asia Pacific Trade Exchange which the city has a history in supporting at the level of$25,000. He stated that in Asia Pacific Program is not just the trade exchange but actually activities to teach area business to become trade smart through training. He explained this extends to surrounding communities with partner chambers through the Green River Valley teaching companies how to do business with Asian countries including overcoming cultural barriers and working with governments and other institutions to create trading avenues. Mr. Yingling emphasized that this is a 365 day a year program with the trade exchange culminating these efforts. He continued that there are differences between the sister city program and the Kent Chamber's activities. He stated that his understanding of sister city relationships is to build understanding between countries through cultural exchanges thereby breaking down fears. He explained that the Chamber's focus is on business, specifically Asian business. With the current boom in Asia for economic development, the City of Kent is becoming known as a place for information and management from our side of the ocean. He continued that the Chamber's focus is a little bit more aggressive and targeted on business with the City's contribution a key to making the program the success it is today. He concluded that the program is at the cusp of becoming trade ready and asked for continuing support of the program. Barbara Ivanov, Executive Director of the Kent Chamber of Commerce, thanked the Council and the Mayor for their leadership with the Asia Pacific Trade Exchange Program. She also thanked May Miller for educating the City Government Committee on the overall budget of the City of Kent. She stated that the Chamber would be forwarding a letter on the budget to the City and noted the Chamber of Commerce has been comfortable with the hold the line approach and their appreciation of not adding taxes. She seconded Rico's comments on the trade exchange and added that the targeted companies of the exchange are smaller companies that may not be able to afford to participate without outside support. Ms. Ivanov reviewed some of the outcomes of this year's exchange and distributed a copy of the program. She noted that through the Chamber's partnership with Green River Community College a Title 6b Department of Education Grant had been received and Green River will assist in teaching businesses throughout the year. Leona stated that she had attended this years luncheon and voiced her support of the program. Chairperson Johnson asked if there were any further comments from the public on the 1997 Budget. There being none he asked the Committee to review the Administration staffing survey. Orr asked for clarification on the footnote. McFall responded that cities budget capital projects differently so an attempt was made to offset the differences created by that. Bennett asked if Kent's total FTE's of 5 included the City Clerk's Office as part of Administration. McFall responded that it was not that it is a part of the Department of Operations. He noted that none of the other cities listed include the City Clerk's Office. He further explained that to compare apples to apples positions were looked at. For example, the City of Auburn Business Development and/or Public Relations Officer is budgeted in the Planning Department OPERATIONS COMMITTEE MINUTES, CONT. Nc�vem�er � 1996 but actually works out of the Mayor's Office and reports to the Mayor. He noted that positions were investigated to give the most accurate comparison. McFall noted that Mr. Martin has today resigned his position as of the end of the year. He continued that anytime there is this type of vacancy the position is analyzed and the duties, pay range, etc. are reviewed and ultimately would come back to the Committee with a recommendation. He requested that the position be left in the budget. The Committee concurred with this recommendation. McFall distributed a chart comparing the assessed value of the City of Kent to other cities in the State explaining that Kent has moved closer to the larger cities than prior to the annexation. During further discussion May Miller noted that the assessed valuation of the survey distributed with the agenda did not include the Meridian Annexation. Bennett asked if the salaries included benefits. Staff responded that it did not in any of the cities listed. Bennett noted that his statement at the prior meeting that we may be wanting proved accurate. Miller commented that the graph included in the budget showing the staffing remaining low as the population has grown reflects that we are staying lean. McFall stated that the increases to staff resulting from annexations was focused in the direct service areas. Johnson asked if there were any questions or comments regarding the Parks Coordinator positions noting that he had requested the report for information only. McFall stated that Mr. Hodgson is present for any questions. McFall explained that a brief explanation was given of each program coordinator position along with their duties and a sense of the volume of what they do. Hodgson stated that their was a bit of a wording difference in the youth program position recommended. The budget referred to the position as both a coordinator and a leader. The position was intended to be a recreation leader which is a lower -' classification than a coordinator. Hodgson further explained that this position would be recreation leader in the youth program that would coordinate a vocational type program. He stated that it is hoped to expand the current jobs program that includes summer jobs, internships, and school to work, and working with the Lighthouse program to get the kids into job programs with the Chamber of Commerce or business community. Bennett asked how participation at Lighthouse is going. Hodgson replied that it has leveled off and varies and a monthly report is distributed to Council on the youth programs. McFall added that Lighthouse was the pilot program with other programs serving a broader spectrum of youth. Bennett asked about the van that was purchased for the youth program. Hodgson stated that part of the original program was a mobile recreation vehicle to go to areas that don't have parks or a facility. A surplus van has been used to begin the program. He explained that a grant was received from King County to purchase a motor home. One was found that is a year old that was utilized by a bank that doesn't have a bed but tables and chairs. He stated that it is being outfitted with recreation equipment and a grant is being pursued to purchase computers similar to the school districts. The vehicle will be able to go to any site and kids can either work on computers or use the recreation equipment outside the van. Bennett asked what percentage of the parks and recreation programs are covered by fees collected. Hodgson estimated that it was 34-35% and said he would get the specific number. McFall clarified that it varies since the adult programs mostly cover the expense of the program while the youth programs are subsidized by the city. Hodgson added that the youth sports programs also pay their way. During further discussions, McFall noted that the youth programs are hands on to provide positive interactions with the youth leaders and other role models so they are staff intensive. Orr noted her concern of the amount spent on staffing. Hodgson stated that for some of the programs there is an eight to one ratio of kids to staff. This isn't true for Lighthouse but a lot of the programs are staff intensive to provide the programs without building facilities so the overhead isn't there. Page 2 OPERATIONS COMMITTEE MINUTES, CONT. NnvPrr+ ,- � �, 1991h A discussion of reaching at-risk kids followed and May Miller reported that the program coverage is 33% not including the teen tax revenue which is better than most cities. Johnson asked if the Committee wished to look at any other areas in the 1997 Budget. Bennett questioned the definition of a hold the line budget when the budget has increased from year to year. McFall pointed out that the city is also six square miles and 20,000 people larger than a year and a half ago. Miller added that capital projects also impact the bottom line as projects, grants, etc. vary from year to year. During a discussion of the impacts of the Meridian Annexation, Orr asked if there was a comparison of revenue to expenses of the Meridian Annexation. Miller reported that it has been about $100,000 ahead of budget. Bennett commented that every year after a "hold the line" budget is passed another project comes along for$100,000. He stated that a lot of cities would be happy with our used equipment and we need to look at making due with less. Orr concurred that when the utility tax was increased to make up for the lost revenue from the state, there may be ways to pay for the loss without continuing the tax. May Miller distributed the draft ordinance noting there is one additional change for $15,000 for legal service for the law department for indigent council outside services. McFall stated that the Committee action would be to recommend to Council adoption of the ordinance adopting the 1997 Budget. Bennett so moved, Orr seconded and the motion passed unanimously 3-0. Chair Johnson stated that the Mayor's Salary had been sent back to the Operations Committee and asked if the Committee would wish to review the item now or at a future meeting. Bennett stated he was not ready now but would like to resolve the issue shortly after the first of the year•, Orr concurred. There being no further business, Committee Chair Johnson adjourned the meeting at 5:20 p.m. Page 3