HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/03/1998 FFFF
Colty of Kent
CNIty Council Meeting
Agenda
p
CITY OF
Mayor Jim White
Councilmembers
Leona Orr, President
Sandy Amodt Tim Clark j
Jim Bennett Connie Epperly
Tom Brotherton Judy Woods j
i
March 3, 1998
i
Office of the City Clerk
CITY OF I V\L1!2 f 1�
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SUMMARY AGENDA
KENT CITY COUNCIL MEETING
March 3 , 1998
Council Chambers
7: 00 p.m.
MAYOR: Jim White COUNCILMEMBERS: Leona Orr, President
Sandy Amodt Tom Brotherton Connie Epperly
Tim Clark Judy Woods
CALL TO ORDER
FLAG SALUTE
ROLL CALL
1. PUBLIC COMMUNICATIONS
,A. Introduction of Appointee _
,B. Employee of the Month
Chamber of Commerce Presentation
2 . PUBLIC HEARINGS
1K. LID 350 - Big "K" Sanitary Sewers, 124th Avenue SE & SE
270th
3 . CONSENT CALENDAR
,A. Approval of Minutes
_Z Approval of Bills
11C. City-wide Space Study Contract - Approval and Budget
Change
_�. Deferred Compensation Contract - Ordinance
Fire Equipment Replacement and Budget Change - Approval
---F. Corrections Contract with cities of Covington and Maple
Valley - Approval
Kent Reporter Newsletter Contract - Approval
-H. Pacific Terrace - Bill of Sale
k. LID 348, 64th Avenue Improvements - Accept
J Human Services Appointment
4 . OTHER BUSINESS
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a,, u;�.Y,l ��__z'.��ta� P}CCt i ;Gwvl wvl `fy.
Nancy' s Grove Final Plat
-C. S. 188th Street Vacation
D'. Public Development Authority (Saturday Market
Building) - Ordinance
Kentridge Park Master Plan - Approval and Creation of
Budget
L1 ivic �. F=' �' E'rnav� a�1 clec! ia .l Vlu.rnL?�, d ,
5. BIDS (�/y� v
A". Fire Department Uniform Bids - Approval U
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6 . CONTINUED COMMUNICATIONS
7 . REPORTS
8 . ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent
Library.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City in advance for more information. For
TOO relay service call 1-800-635-9993 or the City of Kent(253) 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 Appointee
B) Employee of the Month
C) Chamber of Commerce Presentation
Kent City Council Meeting
Date March 3 , 1998
Category Public Hearings
1. SUBJECT: LID 350 - BIG "K" SANITARY SEWERS, 124TH AVENUE SE
& SE 270TH
2 . SUMMARY STATEMENT: This date has been set for the public
hearing to establish the formation of LID 350, Big "K" Sanitary
Sewers, 124th Avenue SE & SE 270th. The Public Works Director
will give a brief explanation of the project.
3 . EXHIBITS: Public Works Director memorandum and vicinity map
4 . RECOMMENDED BY: Council 2/3/98
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
OPEN HEARING:
PUBLIC INPUT:
CLOSE HEARING:
7 . CITY COUNCIL ACTION:
� II
Councilmember G` ,�-C� moves, Councilmember tt,0' seconds
to direct the City Attorney to prepare the necessary ordinance
creating the formation of LID 350, Big "K" Sanitary Sewers,
124th Avenue SE & SE 270th.
DISCUSSION:
ACTION: 111 1,(
Council Agenda
Item No. 2A
DEPARTMENT OF PUBLIC WORKS
FEBRUARY 26, 1998
TO: Mayor and City Council
FROM: Don Wickstrom\���'
RE: L.I.D. 350 - Big 'K' Sanitary Sewer (124th Ave SE & SE 270th St)
March 3, 1998 has been scheduled for the formation hearing for the above referenced
LID project.
BACKGROUND
In June 1994 the City of Kent received the petition requesting for the installation of
sanitary sewers in the vicinity of 124th Ave SE and SE 270th Street including the plat of
Big 'K' as shown on the attached map. As a result, the City developed a proposal for
the formation of a Local Improvement District (L.I.D.) to do the same. The City then
mailed the information to all property owners involved and held an informational
meeting thereon on August 17,1995. The property owners then completed a
Questionnaire indicating their interests or disinterest in the proposal. At that time there
was sufficient interest to proceed to the next step in the formation process. However,
the project was put on hold because in order to service Big 'K' and the surrounding
area, an interceptor sewer had to be extended to the area and a new pump station
installed. The City has now progressed sufficiently on the pumping station and
interceptor that its now appropriate to proceed ahead with the formation of the Sanitary
Sewer Interceptor.
During November 1997, the City reviewed the proposal to confirm the L.I.D. boundary.
Six property owners were contacted to confirm interest due to several new owners and
revised assessments. The boundary was finalized as shown on the attached map.
Through the questionnaire process 53.70% expressed interest,18.52% do not want the
project, 1.85% stated they would support the majority of other owners and 25.93% did
not respond.
It is not known how many septic systems are technically in a state of failure, however,
we understand that there are numerous septic problems in the area. Attached is a
letter from the Seattle-King County Department of Public Health discussing the septic
problems that exist, the difficulty in repairing these problems and recommending that
NY001.MV Page 1 of 5
sanitary sewers be installed as the most feasible and economical method for
addressing the situation.
One owner wants the sewer since she can no longer do laundry at home. Another
owner purchased the property for a new church and is in need of sewer. A new owner
is in favor since she was told by neighbors of the poor drainage and numerous septic
system failures in the area. One owner against the sewer doesn't want development on
the vacant lots on both sides of his property.
The Resolution of Intent #1504 was approved by City Council on February 3, 1998
which set the hearing date for March 3, 1998.
PROPOSEDIMPROVEMENTS
The proposed project is the construction of an 8" sanitary sewer system with side sewer
stubs to the right of way line or easement line for each of the 55 properties included in
the L.I.D. boundary.
The construction will include 8" sewer at the following locations:
ON FROM TO
124th Ave. SE SE 272nd St. approx. 250 ft north
SE 270th St. 124th Ave. SE approx.660 ft west
125th Ave. SE SE 270th St. approx. 470 ft south
126th Ave. SE SE 270th St. southwesterly to cul-de-sac
SE 270th St. 125th PI. SE approx. 390 feet southeasterly
125th Pl. SE SE 270th St. northeasterly to end
Easement SE 270th St. approx. 300 approx. 140 feet northeasterly
feet east of 124th Ave. SE
SE 270th St. SE 270th St. approx. 300 125th Ave. SE
feet east of 124th Ave. SE
Easement approx. 250 feet north of approx. 1600 feet southeasterly
SE 270th St.
(Note: This last listed easement location will be constructed as a 24 inch diameter trunk sewer. The L.I.D.
will fund the cost for an 8 inch diameter sewer. The City will fund the cost to upsize the main to 24 inch as
part of a major trunk main project which will bring the sanitary sewer to the neighborhood.)
NY001.MV Page 2 of 5
Also included is street and general restoration.
PROJECT FUNDING
LID $537,807.60
CITY $ 66,044.40
TOTAL $603,852.00
The LID share is composed of 55 assessments of $9,778.32 each.
This is an LID project, however City funding is being proposed for several reasons.
The Seattle-King County Department of Public Health is concerned with the problem of
failing on-site sewage systems in the neighborhood and the related health threat
associated therewith. They also recommended that sanitary sewers be installed due to
the difficulty and expense of repairing on site septic systems. Therefore, the major goal
of this project is to provide sanitary sewer service to each property involved to provide
an alternative means of correcting existing septic failures and to prevent others from
failing in the future. To accomplish this, each property involved will receive one
residential sewer connection to service the existing house or to allow a house to be built
on currently vacant property.
Several of the properties are of sufficient size to allow further development in the future.
This would result in the need for a higher level of service or more connections. If this
happens, an additional share of the project cost should be paid. The Engineering
Department proposes to fund the cost ($66,045) of the potential additional service that
may be needed in the future. To receive reimbursement, a charge in lieu of
assessment will be established which becomes payable should an increase in service
level above one residential connection be required. This procedure minimizes the initial
cost for these larger properties making it more feasible for the property owner to
support the L.I.D., especially if they do not have development plans. However, should
they have the need for increased service and are able to obtain the necessary
development approvals, they will be required to pay an appropriate share at the time
the additional service is obtained.
In addition to the above funding, the City also owns one property in the L.I.D. and will
pay the assessment should the L.I.D. be formed.
ASSESSMENTS
With the proposal and City funding as explained above, each property initially receives
one residential connection. Therefore, since everybody receives the same service, the
NY001.MV Page 3 of 5
cost is spread evenly to all properties. The preliminary assessment per property is
$9,778.32.
To arrive at this amount, the total estimated project cost of$603,852 was distributed to
all properties in the L.I.D. using a base charge and a square footage factor which
compensated for the larger subdividable properties. The results for all of the apparent
undividable lots was then averaged to determined the single connection lot charge.
This then became the amount assessed to all properties regardless of size. The
difference been the sum of all these single connection lot charges and the total project
cost become the amount of City funding required and also represents the potential
amount to be collected in the future through the charge in lieu of assessment. The City
funded amount is $66,045 and the L.I.D. total is $537,807.60.
The base charge used in the above was $7,000. The square footage factor was the
balance of the project cost, divided by the developable square footage of all parcels
contained within the L.I.D. boundary.
The developable square footage excluded wetland and their associated buffering
properties.
PAYMENT OF ASSESSMENT
Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a
30-day period in which any portion or all of the assessment can be paid without interest
charges. After the 30-day period, the balance is paid over a ten-year period wherein
each year's payment is one-tenth of the principal plus interest on the unpaid balance.
The interest will be what the market dictates.
SUPPORT FOR LID 350
To defeat an LID proposal, there must be protest from property owners representing 60
percent or more of the proposed LID assessments. The total project cost for
caluculating protest percentage is $528,029.28 since City owned property is not
considered, for which the 60% protest amount would be $316,817.57.
As indicated previously, there appears to be sufficient property owner support for the
project with 53.7% expressing interest through the questionaire process. Should this
level of support continue through the public hearing process, it will then be a City
Council decision whether or not to proceed with the LID formation process and approve
the LID formation ordinance.
NY001.MV Page 4 of 5
MANDATORY SEWER CONNECTION
The City Code states that all residences whether within or outside the City limits,
located within 200 feet of a City of Kent sanitary sewer shall be required to connect to
the sewer and shall be billed for the service. The Code provides that compliance with
this provision be within 90 days after the date of official notice to do so. In the case of a
public health or safety hazard compliance shall be within 20 days of official notification.
Following construction of the project, should the LID be formed, the City will send each
property owner an official notice that the sanitary sewer service is available to the
parcel and is within 200 feet of the house. Following the compliance period, all
properties which have not yet applied for a side sewer permit will automatically be
added to the sewer billing list.
EASEMENT ACQUISITION
The project will require acquisition of easements. Main line sewers outside of public
right of way on private property require easements granted to the City. The properties
involved will be appraised followed by negotiation between the City and owner. Final
settlement can be direct payment to the owner or can be a credit towards the L.I.D.
assessment for the property, thereby reducing the amount of the yearly payments.
WATER MAIN CONSTRUCTION
In conjunction with the sewer project, the City plans to reconstruct the water mains east
of 124th Ave SE. The benefit of constructing both utilities at the same time is the
opportunity for sharing road restoration and repairing costs. For those locations where
both utilities are to be constructed, the costs are split between the sewer L.I.D. and the
City's water rebuild fund.
SC
Clty of Seattle Kling Coawty
Vermin S. Ric,. Niter 4.,+Lwke.Etetutwe
Seattle-King Count' Department of Public Health
Sharon Stewart Johneon. Actlnd Director
April 5, 1995
NOTICE TO BIG "K" PLAT HOME OWNERS
As a Big "K" Plat homeowner, you are no doubt familiar by now with your neighborhood
problem of failing on-site sewage systems. Even if your own septic system has not surfaced on
the ground or backed up into your house, the problem your neighbor is having down the street
is a proximate threat to your family's health. Your neighbor's problem may no longer be Fixed
by the short term solution of digging more drainlines on his property. Reconstruction er repair
to existing drainfields is very difficult and expensive, especially with the new 1995 state code.
Problems to repair septic systems in this area are compounded due to limited space, inadequate
setbacks and poor soils.
It is not unusual for you to be expenencing problems now and for these problems to steadily get
worse. Your on-site septic system was designed as a short term disposal method which would
someday be replaced by public sewers. In the early and mid 1960's when the Big "K" was
platted, the design standards were less stringent. Many septic systems are at or near their twenty
to thirty year life expectancy, depending on their use and maintenance.
There is no economically feasible alternative to public sewers for failed on-site systems. Cost
of a septic system repair may be as high as S10,000 to S15,000. similar to the cost of hooking
up to public sewers. If someone wishes to repair their septic system tnev may still be required
to hook to the sewer when public sewer becomes available.
The Health Department has made recommendation to the Citv or Kent to extend sanitary sewers
into the Big "K" Plat. To initiate that process, Big "K" residents will be given the opportunity
in the near future to sign a petition to show support ror the rormation of a Utility Local
improvement District iU.L.i.D.). SomC of ,dour iit:_hbo-,s iliac li:iCL- ivr a:S
you are concerned and wish to volunteer, or have questions about procedure, please call Nlerrill
Vesper. City Engineer, at 359-338a.
As a future measure. the Health Decarment and the Car; or Kent will work toeethe- to :nee: the
needs of the community. If you have any questions or wish additional clarification or
information on this matter please contact Paul Robinson. Senior Environmental Health Specialist
at the Alder Square District Environmental Health Office, phone 396-4%08. Nlondav through
Thursday 7:30 AM to 9:30 AN1.
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CONSENT CALENDAR
3 . city council Action:
Councilmember ,'Ll, moves, Councilmember
seconds that Consent Calendar Items A through J be approved.
Discussion
Action —
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
February 17 , 1998, and correction to the minutes of February 3 ,
1998 by the addition of the following at the end of the first
paragraph:
Page 5, Item 4B, Personal Watercraft.
EPPERLY MOVED for the adoption of
Ordinance No. 3385 relating to the
operation of personal watercraft on
Lake Meridian. Orr seconded.
3B. Approval of Bills.
Approval of payment of the bills received through February 13
and paid on February 13 , 1998 , after auditing by the Operations
Committee on February 24 , 1998 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/13/98 195915-196181 $ 727, 168 . 31
2/13/98 196182-196542 1, 157 , 058 . 04
$1, 884 , 226. 35
Approval of checks issued for payroll for February 1 through
February 15 and paid on February 20, 1998 :
Date Check Numbers Amount
2/20/98 Checks 225703-226010 $ 238, 897 . 08
2/20/98 Advices 55241-55750 727 , 700 . 08
$ 966, 597 . 16
Council Agenda
Item No. 3 A-B
Kent, Washington
February 17 , 1998
Regular meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor Pro Tem Orr. Present: Councilmembers Amodt,
Bennett, Brotherton, Clark, Epperly, and Woods, Operations
Director/Chief of Staff McFall, City Attorney Lubovich, Fire
Chief Angelo, Police Chief Crawford, Planning Director Harris,
Public Works Director Wickstrom, Finance Director Miller, and
Parks Director Hodgson. Approximately 50 people were in
attendance. Mayor White was not present.
PUBLIC Councilmember Jim Bennett. Mayor Pro Tem Orr
COMMUNICATIONS read a proclamation noting that Jim Bennett has
been a tenacious member of the City Council for
the past six years, and that he has been a
powerful force behind many projects and issues
which have benefitted the City. She declared
February 17 , 1998 , as Jim Bennett Day in the City
of Kent and invited all Kent citizens to thank
Mr. Bennett for his many contributions. She then
presented him with the proclamation and an
engraved plaque.
Bennett said he has enjoyed his time on the
Council and thanked Councilmembers and staff.
He also thanked citizens, Mayor White,
Councilmembers, and employees for their concern
during his recent illness. Bennett then left
the meeting.
Dorothy Mullens Arts and Humanity Award. Mayor
Pro Tem Orr noted that this item has been removed
from tonight's agenda due to illness.
King County Update. King County Councilmember
Chris Vance presented an update on extension of
the left turn lane on S. 212th and bus routes
_through Scenic Hill, and on regional issues
including transportation, salmon, Medic one, and
governance. Upon questions from Clark and
Epperly, Vance agreed to look into the need for
better communication from the County in regard to
building roads in Kent' s potential annexation
area, and to research Tract X. Orr expressed
appreciation to Mr. Vance for his visit.
Legislative Update. Dena Laurent distributed
copies of a Legislative Update and noted that
transportation funding legislation is on hold
pending the State Revenue Forecast due later this
week. She said that the right-of-way bill which
gives telecommunications companies authority in
1
Kent City Council Minutes February 17, 1998
PUBLIC cities has moved out of the Senate and into the
COMMUNICATIONS House, and that the City will continue to express
it's concerns. Clark pointed out that under
SSB6515, public funding would be used to build
the franchise and infrastructure for one of the
largest industries in the state.
Laurent noted that two bills are being considered
regarding the enforcement of disabled parking
permits, one which would allow volunteers to
issue infraction notices and one which would
increase some restrictions on the use of the
permits. She offered to research any questions
the Council may have.
CONSENT WOODS MOVED that Consent Calendar Items A through
CALENDAR S be approved. Clark seconded and the motion
carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of February 3 , 1998,
with the following correction to Item 3B:
The amou -: :. shown for "Approval of checks issued
for vouchers - prepaids" should be $1, 083 ,491.52,
rather than $505,757 . 56 ; and the total should be
$2 , 165 , 186 . 51, rather than $1, 587 ,442 .55.
WATER (CONSENT CALENDAR - ITEM 3R)
Soos Creek Well Transmission Main. ACCEPT the
Soos Creek Well Transmission Main project as
complete and release retainage to Kar-Vel
Construction upon standard releases from the
State, and release of any liens, as recommended
-by the Public Works Director. The-original
contract amount was $373 , 941. 29 . The final
construction cost was $334 , 764 . 47 .
(BIDS - ITEM 5C)
Kent Springs Transmission Main Rebuild -
SE 288th St. The bid opening for this project
was held February llth with eight bids received.
The low bid was submitted by Mosbrucker
Excavating in the amount of $501, 492 . 05. The
Engineer' s estimate was $478 , 608 . 35 . The Public
Works Director recommends that the Kent Springs
Transmission Main Rebuild - SE 288th Street
contract be awarded to Mosbrucker Excavating.
2
Kent City Council Minutes February 17 , 1998
WATER CLARK MOVED that the Kent Springs Transmission
Main Rebuild - SE 288th Street contract be
awarded to Mosbrucker Excavating for the bid
amount of $501,492 . 05 . Woods seconded and the
motion carried.
TRAFFIC (CONSENT CALENDAR - ITEM 3S)
Central Avenue & Pioneer Traffic Signal. ACCEPT
the Central Avenue & Pioneer Traffic Signal
project as complete and release retainage to
Signal Electric, Inc. upon standard releases
from the State, and release of any liens, as
recommended by the Public Works Director. The
original contract amount was $27, 500. 00. The
final construction cost was $28,700. 00.
TRANSPORTATION (CONSENT CALENDAR - ITEM 3I)
Transportation Service Provider Agreement.
AUTHORIZATION for the Mayor to sign the
Transportation Service Provider Agreement,
subject to final review and approval by the City
Attorney, as recommended by the Public Works/
Planning Committee.
The Public Works Dept has received funding from
the Washington oil Rebate Competitive Grant
Program to conduct a demonstration project to
expand the Shopper Shuttle into the commute
hours. This demonstration project is expected to
last 14 weeks after which time the City will
evaluate the feasibility of continuing with the
service. The Grant provides funding in the
amount of $49 , 860 and requires City matching
funds of $8 , 800 which will be taken from pre-
viously appropriated funds for shuttle operations
-within the City. -
(OTHER BUSINESS - ITEM 4D)
(ADDED BY COUNCILMEMBER EPPERLY)
Regional Transit Authority. Epperly distri-
buted copies of a resolution relating to the RTA
Station site for downtown Kent and the Kent
Downtown Strategic Action Plan. SHE MOVED to
adopt Resolution No. 1507 reaffirming the City
Council' s preference for the currently designated
South Station site for the RTA station in Kent,
and declaring Council' s intention to include the
South Station site in its Kent Downtown Strategic
Action Plan during its deliberations and final
adoption. Woods seconded.
3
Kent City Council Minutes February 17, 1998
TRANSPORTATION Clark noted that although he favors the North
site, he agrees with Council' s attempt to
reiterate that they have reached a decision.
Orr noted that one of the reasons the Downtown
Plan was not finalized was to wait for the RTA
decision. The motion to adopt Resolution 1507
then carried.
Woods spoke in opposition to extensive surface
parking in the event that the North site is
selected, and said structured parking should be
considered whatever the site might be. Orr
agreed that structured parking is critical at any
site. CLARK MOVED to state on behalf of the City
Council that they believe that the North Station
criteria should not have extensive surface
parking. Woods suggested amending the motion to
clarify that the Council is in favor of struc-
tured parking regardless of the site. Clark
agreed. Woods seconded the motion, and it then
carried.
PUBLIC WORKS (CONSENT CALENDAR - ITEM 3J)
Mill Creek Special Area Management Plan (SAMP)
Agreement. AUTHORIZATION for the Mayor to sign
the Mill Creek Special Area Management Plan
Memorandum of Agreement, as recommended by the
Public Works/Planning Committee.
The goal of the Mill Creek Special Area
Management Plan is to protect and restore
aquatic resources in the Mill Creek basin to
ensure no net loss of aquatic resource functions
and values, while recognizing the need to
accommodate project growth in population and
-employment in the region.
(CONSENT CALENDAR - ITEM 3L)
King County Grant Agreement Special Recycling
Events. AUTHORIZATION for the Mayor to sign the
King County Grant Agreement for Special Recycling
Events, and direct staff to accept the grant and
establish a budget in the amount of $37 , 553 ,
as recommended by the Public Works/Planning
Committee.
(CONSENT CALENDAR - ITEM 3M)
277th/274th 1997 Grade & Fill. ACCEPT the
S. 277th St/SE 274th Way 197 Grade & Fill project
4
Kent City Council Minutes February 17, 1998
PUBLIC WORKS as complete and release retainage to Scarsella
Bros. Inc. upon standard releases from the State,
and release of any liens, as recommended by the
Public Works/Planning Committee. The original
contract amount was $2 , 120, 042 . 30. The final
construction cost was $2, 357, 602 .84 , the overage
being due to extensive work required to control
erosion on site as well as additional storm lines
being added along the access ramp to prevent
erosion. Adequate funds exist within the project
budget to cover this overage.
(CONSENT CALENDAR - ITEM 3N)
196th Street Corridor Condemnation. ADOPTION of
Ordinance No. 3392 authorizing condemnation by
eminent domain proceedings on certain property
for the acquisition of the wetland mitigation
site for the 196th Street Corridor project,
should negotiations fail, as recommended by the
Public Works/Planning Committee.
(CONSENT CALENDAR - ITEM 30)
School Impact Fees. ADOPTION of Ordinance
No. 3393 extending the school impact fee program
for (2) two additional years. The City's current
school impact fee ordinance will sunset on
March 31, 1998. By taking action to extend the
sunset provision, the authorization to collect
school impact fees will remain in effect while
the Land Use and Planning Board considers a com-
prehensive plan amendment to adopt the current
Capital Facilities Plans of the Kent and Federal
Way School Districts as an element of the City of
Kent' s Capital Facilities Plan.
-Once the current Capital Facilities Plans of the
school districts have been adopted into the
City' s Capital Facilities Plan element of its
Comprehensive Plan, the City Council will, by
separate ordinance, amend the current fee
schedule consistent with existing state and local
regulatory requirements .
(CONSENT CALENDAR - ITEM 3Q)
Green River Natural Resource Enhancement Area -
Towers/Bridges. ACCEPT the Green River Natural
Resource Enhancement Area Towers/Bridges project
as complete and release retainage to S. L. Larsen
Construction, Inc. upon standard releases from
5
Kent City Council Minutes February 17, 1998
PUBLIC WORKS the State, and release of any liens, as recom-
mended by the Public Works Director. The
original contract amount was $440, 587 .53 .
The final construction cost was $469, 487 . 10.
(BIDS - ITEM 5B)
Green River Nursery Site Work. The bid opening
for this project was held February 11th with
nine bids received. The original low bid of
$199, 976. 04 submitted by Michael McPhee Company
was rejected due to non-compliance of project
specifications. The second low bid was submitted
by R.W. Scott in the amount of $200, 491.35. The
Engineer' s estimate was $235, 656. 57 . The Public
Works Director recommends that the Green River
Nursery Site Work contract be awarded to R. W.
Scott.
Assistant City Attorney Brubaker explained that
this contract is being awarded to the second
lowest bidder because the low bidder did not
complete the bid items in full. He explained
that the City had clearly stated in the specs and
the bid proposal that a bid will be rejected if
each bid item is not filled out in both numbers
and letters. CLARK MOVED that the Green River
Nursery Site Work contract be awarded to R.W.
Scott for the bid amount of $200, 491. 35. Epperly
seconded and the motion carried.
STREET (CONSENT CALENDAR - ITEM 3K)
VACATION 42nd Avenue Street vacation. ADOPTION of
Resolution No. 1505 setting the public hearing
date of March 17th for the 42nd Avenue South
Street Vacation, as recommended by the Public
-Works/Planning Committee. -
PLATS (CONSENT CALENDAR - ITEM 3P)
Nancy's Grove Final Plat FSU-96-10. SET March 3 ,
1998, as the date for a public meeting to con-
sider a final plat application by EMS, Inc. The
preliminary subdivision was approved by King
County and came under Kent' s jurisdiction with
the Meridian Annexation. This plat is 10. 83
acres in size, consists of 34 lots, and is
located south of SE 278th Street and east of
144th Avenue SE.
6
Kent City Council Minutes February 17, 1998
PLATS (OTHER BUSINESS - ITEM 4A)
Allenbach IV Preliminary Plat SII-96-31. This
date has been set to consider the Hearing
Examiner' s recommendation for conditional
approval of an application by Baseline
Engineering for a 19-lot single-family residen-
tial preliminary subdivision. The property is
located between SE 277th and SE 278th at 145th
Place SE.
Upon Clark's question regarding water run-off,
Wickstrom noted that a downstream analysis is
done and that if there are capacity problems, the
stream must be improved or water retained. He
added that a 15% grade is not considered a
severely hazardous slope area. It was determined
that there are no plans for developments in the
area at this time, and Clark asked to be informed
if any arise.
CLARK MOVED to accept the Findings of the Hearing
Examiner and to adopt the Hearing Examiner' s
recommendation of approval with ten (10) condi-
tions of the 19-lot single-family residential
preliminary subdivision No. SU-96-31. Woods
seconded and the motion carried.
(OTHER BUSINESS - ITEM 4B)
Pacific Heights Preliminary Plat SII-96-22 .
This date has been set to consider the Hearing
Examiner' s recommendation for conditional
approval of an application by Joe Singh for a
13-lot single-family residential preliminary
subdivision. The property is located at the
southeast corner of SE 253rd Street and 121st
-Place SE. -
CLARK MOVED to accept the Findings of the Hearing
Examiner and to adopt the Hearing Examiner' s
recommendation of approval with fifteen ( 15) con-
ditions of the 13-lot single-family residential
preliminary subdivision No. SU-96-22 . Woods
seconded and the motion carried.
COMPREHENSIVE (OTHER BUSINESS - ITEM 4C)
PLAN Emergency Comprehensive Plan Amendment. The Kent
City Code requires that Capital Facilities Plans
of school districts in the school impact fee
program be reviewed annually and included as part
of the Capital Facilities Plan element of the
7
Kent City Council Minutes February 17 , 1998
COMPREHENSIVE City, s Comprehensive Plan. On February 61 1998,
PLAN the City Council adopted its comprehensive
amendments for 1998 prior to review of school
district capital facilities plans. The Public
Works/Planning Committee has recommended that
this matter be submitted to the Land Use and
Planning Board for consideration of an emergency
Comprehensive Plan amendment for adoption of the
Capital Facilities Plans of the Kent and Federal
Way School Districts. Staff recommends passage
of a resolution declaring an emergency and
authorizing the consideration of a Comprehensive
Plan amendment.
The City Attorney noted that this item was not
passed out of the Public Works/Planning Committee
although submitting the item to the Land Use and
Planning Budget was acted on by the Committee.
He added that in the past a resolution declaring
the emergency was passed before submittal to the
Land Use and Planning Board. Clark said this was
discussed at the committee level and that this
simply adds documentation.
CLARK MOVED to adopt Resolution No. 1506
declaring an emergency and authorizing the Land
Use and Planning Board to consider a comprehen-
sive plan amendment to adopt the Capital
Facilities Plans of the Kent and Federal Way
School Districts. Woods seconded and the motion
carried.
PARKS & (CONSENT CALENDAR - ITEM 3C)
RECREATION Lion's Club Donation. ACCEPT the Kent Lions Club
donation of $1, 102 to purchase and install play
-equipment at Kent Memorial Park. This donation
is to fulfill their obligation of a grant award
by the King County Youth Sports Facility Grant
Program.
(CONSENT CALENDAR - ITEM 3D)
1998 Grant Applications. AUTHORIZATION to sub-
mit three grant applications to the Interagency
Committee for Outdoor Recreation (IAC) .
Staff has reviewed the Comprehensive Park and
Recreation Plan, and the 1997-2002 Capital
Facilities Plan which has identified those
projects that are eligible for grant funding
from various programs.
8
Kent City Council Minutes February 17 , 1998
PARKS & (CONSENT CALENDAR - ITEM 3E)
RECREATION 1998 IAC Grant Applications. AUTHORIZATION
to submit three grant applications to the
Interagency Committee for Outdoor Recreation
(IAC) . The Kent Parks and Recreation Department
has identified three priority projects eligible
for application for state-wide grant funds.
(CONSENT CALENDAR - ITEM 3F)
East Hill Park Expansion Development Budget.
ACCEPT and appropriate $35,940, as a Fee-in-Lieu
of Funds from Highland Crossing, located on the
north side of East Hill Park, for the East Hill
Park Expansion Development Budget.
(CONSENT CALENDAR - ITEM 3G)
Lake Fenwick Trail - Accept 1996 Interest from
1989 Open Space Bonds and Amend Budget. ACCEPT
the $51, 851 in interest earned from the King
County 1989 Open Space Bonds and amend the Lake
Fenwick Trail budget.
The City was notified by King County of the
$51, 851 allocation of interest earned from the
1989 Open Space Bond. Staff requests that the
interest be accepted and the Lake Fenwick Trail
budget be amended for parking lot improvements at
the trailhead.
(CONSENT CALENDAR - ITEM 3H)
HVAC Contract Extension & Addition.
AUTHORIZATION for the Mayor to sign a contract
addendum with Landis & Staefa extending the term
of the contract through December 31, 1998 , at a
cost of $31, 193 , plus sales tax.
The HVAC (Heating ventilation, and Air Condi-
tioning) maintenance contract expired at the end
of 1997 . A consultant will be hired to conduct a
physical assessment of all HVAC systems in City
buildings. An extension of this contract would
provide a better analysis to base the specifica-
tion on, and to proceed with updated contracts.
(BIDS - ITEM 5A)
Senior Center Reroofing Work. The bid opening
for this project was held on February 6, 1998 ,
with three bids received. The low bid was sub-
mitted by Wayne' s Roofing, Inc. in the amount of
9
Kent City council Minutes February 17, 1998
PARKS & $220, 820. The Engineer' s estimate was $237, 000.
RECREATION The Parks Director recommends the Senior Reroof
contract be awarded to Wayne' s Roofing, Inc.
WOODS MOVED that the Senior Center Reroof
contract be awarded to Wayne's Roofing, Inc. for
the bid amount of $220, 820. Epperly seconded and
the motion carried.
FIRE (BIDS - ITEM 5D)
DEPARTMENT Surplus of a 1975 Ford LN Series Pierce Fire
Engine and a 1981 Van Pelt Ladder Truck. The
Fire Department received one sealed bid for the
1975 Ford Series Pierce fire engine in the amount
of $12 , 000 from Rodney B. Sharrah, representa-
tive for Pedro Logan of the Cuerpo de Bomberos
Voluntarios Ce Asuncion. No bids were received
for the 1981 Van Pelt ladder truck.
Fire Chief Angelo noted that no bids were re-
ceived when this equipment was brought to Council
one and a half years ago. He said there has been
no response to attempts to surplus them on the
Internet and through a used fire apparatus
dealer. He recommended award of the bid for the
fire engine to Rodney B. Sharrah. He then asked
that the aerial ladder truck be surplused and
donated, or scrapped. EPPERLY MOVED to accept
the bid from Rodney B. Sharrah, representative
for Pedro Logan, in the amount of $12 , 000 for
surplus of a 1975 Ford LN Series Pierce Fire
Engine, and to authorize the Fire Department to
release this apparatus upon receipt of funds.
Woods seconded and the motion carried.
-EPPERLY MOVED that the 1981 Van Pelt Aerial
Ladder be surplused and that the Fire Department
be authorized to donate it to another government
agency; further, if that is not practical, that
the Fire Department be authorized to scrap the
apparatus. Woods seconded.
Clark recommended notifying other Federal
agencies and Brotherton suggested contacting
local Indian tribes. Angelo said those options
will be explored.
The motion then carried.
10
Kent City Council Minutes February 17, 1998
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the
bills received through January 30 and paid on
January 29 & 30, 1998 , after auditing by the
Operations Committee on February 3 , 1998 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
1/29/98 195168-195430 $2 ,446, 192 . 17
1/29/98 195431-195699 1, 061, 064 . 97
1/30/98 195700-195914 1, 205 , 682 . 45
$4, 712,939 . 59
Approval of checks issued for payroll for
January 16 through January 31, 1998, and paid on
February 5, 1998:
Date Check Numbers Amount
2/5/98 Checks 225363-225702 $ 240r628. 92
2/5/98 Advices 54707-55240 697 , 525. 05
$ 938, 153 . 97
REPORTS Council President. Orr announced that because of
the Council vacancy, Councilmember Epperly will
chair the Operations Committee temporarily, and
asked that Public Safety Committee items go
through Operations.
Operations Committee. Epperly clarified that the
Operations and Public Safety Committees will meet
on Tuesday, February 24 , at 5 : 00 p.m.
Public Works and Planning Clark noted that the
Committee will meet the first and third Mondays
-at 3 : 30 in March.
Parks Committee. Woods announced that the
Committee will meet on the first Tuesday of each
month at 4 : 00 p.m.
Administrative Reports McFall reminded Council
of an executive session of approximately 20
minutes.
EXECUTIVE The meeting recessed to Executive Session at
SESSION 8 : 00 p.m. and reconvened at 8 : 25 p.m.
11
Kent city Council Minutes February 17 , 1998
PARKS & Property Acquisition. WOODS MOVED to adopt
RECREATION Ordinance No. 3394 providing for the acquisition
of certain property by condemnation, should
negotiations fail, for parks, recreation and
other public purpose. Clark seconded and the
motion carried.
ADJOURNMENT The meeting adjourned at 8 :27 p.m.
Brenda Ja be , CMC
City Cle
12
Kent City Council Meeting
Date March 3 , 1998
Category Consent Calendar
1. SUBJECT: CITY-WIDE SPACE STUDY CONTRACT - APPROVAL AND
BUDGET CHANGE
2 . SUMMARY STATEMENT: Authorization for the Mayor to enter
into a contract with Merritt+Pardini in the amount of $67 ,770
to conduct a City-wide space study and to establish a total
budget for $75, 000, to be funded with $20, 000 previously
budgeted for this purpose and $55, 000 from the unallocated CIP
revenue fund.
A space study would help staff determine space requirements for
the next 10 to 12 years for all departments, how to absorb
space in the Centennial Center as leases expire, and the need
for outlying facilities and how to split operations to decrease
travel time for employees. Staff also requests authorization
for the Mayor to execute a contract with the consulting firm of
Merritt+Pardini.
3 . EXHIBITS: Memo from Facilities Manager and Scope of Work from
Merritt+Pardini
4 . RECOMMENDED BY: Operation Committee (3-0)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6 . EXPENDITURE REQUIRED: $75, 000 _
SOURCE OF FUNDS: $20 000 previously budgeted $55 000 from
unallocated CIP revenue fund
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3C
Memorandum
To: City Council Operations Committee
CC: Brent McFalaaye 'Iler, John Hodgson
From: Charlie Lind
Date: February 11, 1998
Subject: CityWide Space Study
With our continued growth creating the need for additional staff and the
purchase of the Centennial Center now is the time to establish space
requirements for the next ten or twelve years.
A scope of work was developed and a price of $67,770 has been
negotiated with the firm of Merritt+Pardini to do a Citywide Space Study
including Maintenance Operations requirements. The project consists of
identifying square foot needs of each Division and Department,
determining the timing of when and how we absorb space in the
Centennial Center as leases expire, and determining outlying facility
needs, and how we split operations to decrease travel time for employees.
A budget of $20,000 exists to evaluate the space requirements for our
Maintenance Operations and I am requesting that Finance be authorized
to expand the existing budget an additional $55,000 creating a total budget
of $75,000. This is the price negotiated plus a small contingency to allow
for any additional work that may be required. Additionally, I am requesting
that Mayor White be authorized to sign a contract with the firm of
Merritt+Pardini to conduct the study.
Merritt+Pardini
Architecture
Urban Design
Planning
Interior Design
January i, 1998
(Revised January 15, 1998)
(Revised February 3, 1998)
CITY OF KENT
EXHIBIT "_a", FACILITIES AND SPACE NEEDS STUDY
SCOPE OF WORK
The following is our proposed work plan for the Facilities and Space Needs Study:
1. Notice to Proceed �f w
2. Refine Scope of Work / Project Mobilization 's
• Confirm Tasks / Level of Effort
* Complete Work Plan Scope - �t
Kick-off Meeting (2-hour meeting time) q V u�
'1( ' (Dept. heads and other key people) �r
( t,r-5i� �,�` ors Confirm City Goals / Distribute Scope
� 'h\6 • Explain Approach, Tasks. and Schedule
• Review Initial Team Questions
• * Action Items and Assignments Confirmed
R. AIA 4. Information Gathering (information compiled by City, scale
A.
Scnaeier AA appropriately for maximum 11" x I" sheets)
Gary A.Scnaerer.A I A
R,M=L Ramsey,
A6LA.AiCa
• Existing Sites and Floor Plans
• Past Studies
1701 Commerce • Organization Charts / Staffing (names on key positions by City)
Tacoma.wasnington • * Compile and Distribute Information (to be in Workshop #1 Book)
98402-3207
(2531 383-8700
(2531383.872B Fax Evaluate Existing Facilities (general overview with minimal detail;
1000 Lenora St. walk-thru observations)
Suite 405
Seattle,wasnington
98121-2720
(2061 M-2742 • Systems
(206)622-9462 Fax General Conditions
bers
Thcf
The American
. Code Compliance Overview (No research included)
e Ame
Institute of . * Summary Report of Conditions (to be in Workshop :1 Book)
Arcnrtects
January 7, 1998
(Revised January 15, 1998)
(Revised February 3, 1998)
6. Preliminary Space Needs Information Gathering
• Questionnaires and Surveys ("general' level only, to be distributed
by City)
• Rough Adjacency Diagrams (shift to Workshop #1)
• * Document Preliminary Information
• Set Up Workshop Space
7. Workshop #1: Evaluate Space Needs
• Kick-off Meeting
• Group Discussions of Goals, Objectives, Trends, Global
Issues and Review Data
• Programming Discussions and Adjacency Diagrams Development
(concurrent with departments)
• Operational Issues for Potential East Hill Facilities
• Strategy to Acquire /Absorb Centennial Center Space
• Group Summary
• Program Refinement
• Set Design Criteria
• Full Group Briefing
8. Document
• * Compile Workshop #1 Workbook
• Report to Staff and City Council
• Prepare for Workshop #2
9. Workshop #2: Alternatives (focus on site/big picture issues)
• Kick-off Meeting
• Adjacencies, Site Concepts and Criteria
• Evaluate Alternatives with Departmem, Heads and Key People
• Discuss Likely "Road Map" Scenarios for Implementing Acceptable
Alternatives
• Discussion of Urban Design Issues
• Refine Alternatives
• Full Group Briefing
10. Document
• * Compile Workshop #2 Workbook
• Report to Staff and City Council
• Prepare for Workshop #3
ly.237-5.97034.01 2
January 7, 1998
(Revised January 15, 1998)
(Revised February 3, 1998)
11. Workshop #3: Create Facilities Plan (narrow alternative tscenarios)
preerred
Note: Workshop #3 could be eliminated or reduced if the results of
Workshop #2 bring us close or to conclusions. (A slightly expanded
Workshop #2 may also provide the appropriate conclusions)
• Kick-off Meeting
• Staff Briefings
• Narrow to Preferred Alternatives
• Focus on Preferred Concepts and Strategies ("big" picture
diagrams only)
• Phasing
• Budget Plan I Funding
• Alternative Deliveries of Services
• "Road Map" Scenarios for Implementing Acceptable
Alternatives
• Cost Model (maintenance facility only)
12. Document and Present
• * Compile Alternatives in Workshop #3 Workbook
• * Prepare Draft Report
• Responses to City goals
• Facilities Plan
• Phasing Strategies ! " Implementation Road Map"
• Budget Plan
• Funding Strategies / Cost Model (maintenance facility)
• Alternative Deliveries of Services
• Attend One Meeting to Review Draft with Staff and City Council
13. Revise and Deliver
• * Revise to "Final Draft" to Incorporate Comments
• Deliver "Facilities and Space Needs Study Master Plan" to City
• Next Steps: On-call Review Implementation Steps with amity (bo time
udgeted)
* Deliverables
Core Team:
Merritt+P ardini: James Merritt, Dick Ramsey, Jennifer Mundee,
LeRoy Pardini, Imad Bahbah
McClaren & Wilson: Jim McClaren, Dave Wilson
Beckwith: Tom Beckwith
End of Work Plan
............ .
Kent City Council Meeting
Date March 3 . 1998
Category Consent Calendar
1. SUBJECT: DEFERRED COMPENSATION CONTRACT - APPROVAL
2 . SUMMARY STATEMENT: Adoption of Ordinance No.
establishing an I.R.C. Section 457 Deferred Compensation Plan
with the Public Employees Benefit Services Corporation (PEBSCO)
and authorization for the Mayor or his designee to execute all
necessary documents to accomplish that purpose, subject to
review and approval by the City Attorney.
3 . EXHIBITS: Ordinance, Administrative agreement and plan
document
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. 3D
MEMORANDUM
DATE: FEBRUARY 24, 1998
TO: Council Operations Committee
FROM: Sue Viseth, Employee Services Director
SUBJECT: Deferred Compensation Trust and Plan Document
The Small Business Job Protection Act of 1996 and the Tax Relief Act of 1997 have
mandated a number of changes to the Internal Revenue Code that impact public
employees deferred compensation plans under IRC Section 457. The major changes to
the plan are:
♦ Plan assets must be held for the exclusive benefit of plan participants in a trust,
custodial account, or qualifying insurance annuity contract,
♦ the maximum annual deferral limit will be indexed for inflation (current limit is
$8,000),
♦ authorizes a one-time change to what was previously an irrevocable election date
for commencement of benefits upon separation,
♦ authorizes plan sponsor to distribute inactive account balances under $5,000
♦ allows plan sponsors to implement a 457 deferred compensation loan program.
Currently the City offers two deferred compensation programs, ICMA and American Funds.
The ICMA Trust, Plan Document and Loan Program were adopted by City Council in
December and effective January 1, 1998.
The Broker for American Funds, Dallas Evans, of R.L. Evans Co. is unable to provide full
service plan administration as required by the City. As a result staff contacted surrounding
Cities for recommendations on 457 plan administrators. The two most widely known and
highly recommended were ICMA and PEBSCO.
PEBSCO, which stands for Public Employees Benefit Services Corporation, is the nation's
largest 457 plan administrator, followed by ICMA. PEBSCO was established in 1973
expressly to address the financial and retirement needs of public sector employees.
PEBSCO's deferred compensation program has been reviewed by Administration and the
City Attorney's Office. In addition, PEBSCO met with representatives from each of our four
Unions to review their program and services. All parties involved in this review process
are supportive of transferring from the current broker, R.L. Evans to PEBSCO. This will
provide employees with an opportunity to select between the two leading deferred
compensation administrators in the country while insuring compliance with IRS code and
Treasury regulations.
At this time we are requesting Operations Committee approval to adopt the ordinance for
implementation of the PEBSCO 457 Trust and Plan Document. If you have any questions
regarding this program please contact me directly at 859-3358.
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington. adopting an I.R.C. Section 457
Deferred Compensation Plan with the U.S. Conference of
Mayors Deferred Compensation Program and its attendant
investment options and authorizing the Mayor, or his/her
designate, to execute such agreements and contracts as are
necessary to implement the Plan.
WHEREAS, the employees of the City of Kent ("City") render valuable
services; and
WHEREAS, the City has considered the establishment of a new Deferred
Compensation Plan with the U.S. Conference of Mayors to be made available to all eligible
City employees and elected officials pursuant to federal legislation permitting those Plans:
and
WHEREAS, certain substantial tax benefits could accrue to employees and
elected officials participating in those Deferred Compensation Plans: and
WHEREAS, these tax benefits will act as incentives to City employees to
voluntarily set aside and invest portions of their current income to meet their future
financial requirements and supplement their City retirement and Social Security. at no cost
to the City: and
i
I
PEBSCO§ 457 Plas
WHEREAS, the U.S. Conference of Mayors has established a master
prototype deferred compensation program for cities and political subdivisions permitting
its member cities and their employees to enjoy the advantages of this program; and
WHEREAS,the U. S. Conference of Mayors, as Plan Administrator, agrees
to hold harmless and indemnify the City. its appointed and elected officers and
participating employees from any loss resulting from the U.S. Conference of Mayors or its
Agents' failure to perform its duties and services pursuant to the U.S. Conference of Mayors
Plan. NOW, THEREFORE.
THE CITY COUNCIL OF THE CITY OF KENT.WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Plan Adopted. The City adopts the U.S. Conference of
Mayors Deferred Compensation Program and its attendant investment options and hereby
establishes the City of Kent, Washington. Deferred Compensation Plan for the voluntary
participation of all eligible City employees and elected officials.
SECTION 2. Mayor and E�lovee Services Division Director Authorized
to Execute Necessary Documents. The Mayor or his designee is hereby authorized (1) to
enter into an administrative agreement and any and all agreements necessary to implement
the program with the U.S. Conference of Mayors as plan administrator. subject to the terms
of this ordinance and further subject to final approval of the City Attorney: ('_') to execute.
for the City. individual participation agreements with each employee requesting an
individual participation agreement. (3) to act as the "Administrator" of the Plan
representing the City. Other than the incidental expenses of collecting and disbursing the
employees' deferrals and other minor administrative matters, there is to be no cost to the
City for the Program.
PEBSCO§ 45- Plu
SECTION 3. Plan Assets to be Held in Annuity or Custodial Account.
The City and the U.S. Conference of Mayors shall hold the funds applied to this Plan in
either a Deferred Compensation Variable Annuity or in an I.R.C. Section 457 Custodial
Account for the exclusive benefit of the City's Plan participants.
SECTION 4. Program Executed. The City hereby executes the Program.
SECTION 5. Plan and its Investments not Endorsed The City's
continuance of the Plan does not constitute an endorsement of the Plan or of anv investment
options offered through the Plan.
SECTION 6. Ratification. Any act consistent with the authority and prior
to the effective date of this ordinance is ratified and confirmed.
SECTION 7. Severability. 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.
r
SECTIONS. U ective Date. This ordinance shall take effect and be in
force thirty (30) days from the time of its final passage. as provided by law.
JIM WI11TE. M.-kYOR
.ATTEST:
BRENDA JACOBER. CITY CLERK
3 PEBSCO,y� 457 PlarA
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 11998.
APPROVED: day of 11998.
PUBLISHED: day of , 1998.
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\LAWNORDFNANC\457LOAN'_WPD
a PEBSCO § 45- Plan
UNITED STATES CONFERENCE OF MAYORS
DEFERRED COMPENSATION PROGRAM
CITY ADMINISTRATIVE AGREEMENT
This agreement is executed by and between the United States Conference of Mayors(USCM)
of Washington, D.C., and the City of (City).
RECITALS
I. THE PROGRAM:
USCM has established a Master Deferred Compensation Program for Cities, permitting Cities,
other local government agencies and their employees to enjoy the advantages to be derived
from Section 457 of the Internal Revenue Code.
The intent of the Program is to assist Cities and their employees in establishing an increased
measure of financial security by providing for additional retirement income through the
deferral of before-tax dollars and the reduction of current income tax liability thus offsetting
the effects of inflation on their ultimate retirement benefits.
The Program will provide Cities with a new way to help employees help themselves by
providing an attractive incentive to build a voluntary fund for their supplemental retirement
income requirements.
The Program will be provided at no cost to Cities other than incidental expenses related to
payroll deductions.
Il. REGULATORY CONSIDERATIONS:
USCM has received opinion of counsel that the Program meets all necessary criteria for
approval by all federal regulatory authorities governing such Programs, including the Internal
Revenue Service.
III. COMPETITIVE BID PROCESS:
USCM has conducted a competitive Bid selection process on behalf of its Member Cities and,
as a result of careful evaluation of administrative abilities and experience, has selected those
insurance and investment institutions proposing the most attractive combination of costs.
benefits and services.
An independent actuary was retained to review the costs, benefits, services and investment
yields of the products offered under the Program to insure their competitive balance in the
marketplace and to best meet the needs of member cities.
This Bid selection process was performed by USCM in order to comply as closely as possible
with governmental purchasing procedures.
IV. PROGRAM ADMINISTRATOR:
USCM has agreed to sponsor the Program and has selected and contracted with an
independent plan administrator eminently qualified to accept and fulfill the responsibiliu
for all administrative requirements necessary for the successful operation of the Program.
DC-639-A (7187)
V. CITY CONSIDERATION:
City recognizes that such tax-deferred savings benefits will act as incentives for employees
to voluntarily set aside and invest portions of their current income to meet their future
financial requirements and supplement their City retirement income.
City recognizes that through the adoption of the USCM Program, all such regulatory,
operational, administrative and other Program management responsibilities are assumed by
USCM on behalf of City, in accordance with the Plan document.
City recognizes the important contribution of USCM's technical expertise in the design,
implementation and administration of a national Program established and administered in
compliance with all applicable regulatory jurisdictions.
City recognizes the advantages and economies of scale secured by the mass purchasing
leverage of USCM and Cities through a comprehensive bid selection analysis.
City recognizes the benefits of USCM's establishment of a functional administrative system
on behalf of Cities to administer the Program.
City has enacted the necessary resolution/court order to adopt the USCM Plan Agreement
and to establish its Deferred Compensation Program for its employees.
VI. USCM RESPONSIBILITIES:
NOW, THEREFORE, it is agreed that USCM shall:
A. Provide City with a Deferred Compensation Plan Agreement and necessary agreements
for execution with its participating employees which is and will be maintained in
compliance with the provisions of the Internal Revenue Code.
B. Establish the overall Program, its funding options and administrative operations so
as to comply with other regulatory authorities, including state statutes, constitutional
restrictions and other appropriate authorities.
C. Provide City with such technical assistance as is necessary to implement the Program
in accordance with the needs and objectives of the City's individual requirements.
D. Warrant that it has conducted,on behalf of Cities, a comprehensive bid selection process
designed to provide the most competitive combination of costs, benefits, and services
for Cities and their employees.
E. Review annually the administrative, operational and financial performance of such
selected companies and take such actions as are necessary to assure the City and its
employees the best possible continuity of costs. benefits and services.
F. Provide a comprehensive administrative service system to facilitate employee deferrals,
reconciliations, disbursements to the investment media, maintenance of the individual
and City account records, provide periodic statements and coordinate employee
distributions, and assure proper tax reporting systems.
G. Provide such accounting and audit systems as are necessary to insure the fiscal integrity
of the Program and to provide City with reports and work papers as are reasonably
necessary to meet the City's individual financial reporting requirements:
H. Provide for an initial and continuous employee educational program to make certain
all interested City employees receive a thorough understanding of the overall Program,
its advantages and restrictive provisions of the Program.
DC-639-A (7l87) -
I. Provide such employee communication materials and other forms. documents and
agreements as are necessary to administer the Program.
J. Provide the City and its employees such convenience and timeliness of individual
services as are required for effective employee understanding of participation.
VII. CITY RESPONSIBILITIES:
NOW, THEREFORE, it is agreed that the City shall:
A. Provide USCM its full cooperation and support in administering the necessary deferral
system for employee contributions.
B. Disseminate from time to time such promotional material as provided by USCM for
employee distribution.
C. Arrange for representatives of USCM's Program to conduct orientation meetings with
City employees.
D. Name a City official or committee to act as Contract Administrator on behalf of the
City on all material matters relating to activities of the Program.
E. Accept the terms and conditions of the insurance and investment company contracts
as represented by USCM pursuant to the operation of this Program.
F. Assist USCM and the Plan Administrator, as necessary, in the development of
comprehensive investment and service specifications.
It is mutually understood and agreed that USCM has designated Public Employees Benefit
Services Corporation(PEBSCO) to act as its Agent in fulfilling certain of the administrative
and marketing requirements of this Agreement.
If USCM or PEBSCO unsatisfactorily perform the responsibilities and services pursuant to
this Agreement, the City shall give notice to both USCM and PEBSCO specifically stating
the nature of USCM or PEBSCO's failure to perform. If the specified default is not corrected
within ninety (90) days following the notice of default by the City. the City may terminate
this Agreement.
This Agreement is effective until written notice of termination is provided by either party.
CITY UNITED STATES CONFERENCE OF MAYORS
Executive Director
Date Date
UNITED STATES CONFERENCE OF MAYORS
DEFERRED COMPENSATION PROGRAM
THE DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES
RESTATED PLAN DOCUMENT
NAME OF EMPLOYER
The Plan consists of the provisions set forth in this document, and is applicable to each
Public Employee who elects to participate in the Plan. The Plan is effective as to each
such Public Employee upon the date he becomes a "PARTICIPANT" by signing and filing
with the Administrator the Participation Agreement referred to herein.
ARTICLE 1
Definitions
1 .01 . The following terms shall, for purposes of this PLAN, have the meaning set forth
below.
(a) ADMINISTRATOR means the organization selected by the EMPLOYER to
administer the PLAN.
(b) BENEFICIARY means the person properly designated by a PARTICIPANT to
receive the PARTICIPANT'S benefit under this PLAN.
(c) COMPENSATION means all payments made by the EMPLOYER as
remuneration for services rendered, including salaries, fees, etc.
(d) EMPLOYER means the above referenced city or any of its agencies,
departments, subdivisions or instrumentalities for which services are
performed by a PARTICIPANT.
(e) INCLUDIBLE COMPENSATION means, for the purposes of the limitations on
deferrals, compensation for services performed for the EMPLOYER which is
currently includible in gross income after giving effect to all provisions of the
IRC. The amount of INCLUDIBLE COMPENSATION shall be determined
without regard to any community property laws.
(f) INDEPENDENT CONTRACTOR means any person receiving any type of
compensation from the EMPLOYER or any of its agencies, department
subdivisions or instrumentalities for which services are rendered pursuant to
one or more written or oral contracts, if such person is not an employee.
(g) IRC means the Internal Revenue Code of 1986, as now in effect or as
hereafter amended.
(h) NORMAL RETIREMENT AGE means the age specified in writing by the
PARTICIPANT. If the EMPLOYER has an EMPLOYER'S Retirement System, the
NORMAL RETIREMENT AGE specified by the PARTICIPANT must be an age at
which the PARTICIPANT is eligible to retire pursuant to the EMPLOYER'S basic
pension PLAN, by virtue of age, length of service, or both, without consent
of the EMPLOYER and with the right to receive immediate retirement
benefits without actuarial or similar reduction because of retirement
before some later specified age_If the EMPLOYER has no EMPLOYER'S
Retirement System, the NORMAL RETIREMENT AGE specified by the
PARTICIPANT must be at least 60 years. In no event shall NORMAL
RETIREMENT AGE be later than age 70 1 /2.
(i) PARTICIPANT means any PUBLIC EMPLOYEE who is eligible to defer
Compensation under the PLAN and who participates under this PLAN
by signing the PARTICIPATION AGREEMENT.
(j) PARTICIPATION AGREEMENT means the application to the
ADMINISTRATOR to participate in the PLAN.
(k) PLAN means the Deferred Compensation PLAN For PUBLIC
EMPLOYEES as set forth in this document and as it may be amended
from time to time.
(1) PLAN YEAR means the calendar year in which the PLAN becomes
effective, and each succeeding calendar year during the existence
of this PLAN.
(m) PUBLIC EMPLOYEE means any person who receives any type of
compensation from the EMPLOYER for which services are rendered
(including, but not limited to, elected or appointed officials, salaried
employees, and independent contractors).
(n) SEPARATION FROM SERVICE means SEPARATION FROM SERVICE as
used in IRC Section 402(d)(4)(A)(iii), and on account of the
PARTICIPANT'S death or retirement. An Independent Contractor shall
not be considered Separated From Service with the EMPLOYER and
shall not receive any benefits hereunder unless (1) at least 12 months
have expired since the date on which the last contract, pursuant to
which the Independent Contractor provided any services to the
EMPLOYER, was terminated, and (2) the Independent Contractor has
performed no services for the EMPLOYER during the 12-month period
referred to herein either as an Independent Contractor or employee.
(o) UNFORESEEABLE EMERGENCY means severe financial hardship to the
PARTICIPANT resulting from a sudden and unexpected illness or
accident of the PARTICIPANT or a dependent (as defined in IRC
Section 152(a)) of the PARTICIPANT, loss of the PARTICIPANTS
property due to casualty, or other similar extraordinary and
unforeseeable circumstances arising as a result of events beyond the
control of the PARTICIPANT.
1 .02. Whenever used herein, the masculine gender shall include the
feminine and the singular shall include the plural unless the provisions
of the PLAN specifically require a different construction.
ARTICLE II
Election to Defer Compensation
2.01 . The PARTICIPANT may elect to participate by signing the PARTICIPATION
AGREEMENT and consenting to a reduction of salary by the deferral amount
specified in the PARTICIPATION AGREEMENT. The amount of the reduction
("deferred amount") must equal at least $20 per month.
2.02. The EMPLOYER shall commence the reduction no earlier than the first pay
period commencing during the first month after the date on which the
PARTICIPATION AGREEMENT is filed with the ADMINISTRATOR.
2.03, (a) The PARTICIPANT may revoke his election to participate and may
amend the amount of Compensation to be deferred by signing and filing with the
ADMINISTRATOR a written revocation or amendment on a form and in the
procedural manner approved by the ADMINISTRATOR. In addition, the
PARTICIPANT may amend his investment specification in the procedural manner
approved by the ADMINISTRATOR. Any amendment which increases the amount
deferred for any pay period shall be effective only if an agreement providing for
such additional deferred amount is entered into before the beginning of the
month in which the pay period commences. Any revocation or amendment of
the amount deferred shall be effective prospectively only. Any change in the
PARTICIPANT'S investment specification by the PARTICIPANT, whether it applies to
amounts previously deferred or amounts to be deferred in the future, shall be
effective prospectively only and shall be effective on a date consistent with the
rules and specifications of the investment carrier.
(b) After the death of the PARTICIPANT, his BENEFICIARY shall have the
right to amend the PARTICIPANTS, or the BENEFICIARY's own, investment
specification by signing and filing with the ADMINISTRATOR a written amendment
on a form and in the procedural manner approved by the ADMINISTRATOR. Any
change in an investment specification by a BENEFICIARY shall be effective on a
date consistent with the rules and specifications of the investment carrier. The right
of a BENEFICIARY to amend an investment specification shall terminate on the last
day available for an election concerning the mode of payment pursuant to
Section 8,03 below.
Notice to ALL PARTICIPANTS to Read These Provisions Providing Deferral Limitations
and "Catch-up" Deferrals Under the PLAN.
2.04. Except as provided in Section 2.05, the maximum deferred amount under
the PLAN for the PARTICIPANTS taxable year shall not exceed the lesser of (a)
$7,500 (as adjusted by the Secretary of the Treasury) or (b) 33 1/3% of the
PARTICIPANT'S INCLUDIBLE COMPENSATION as provided in IRC Section 457.
2.05. For one or more of the PARTICIPANT'S last 3 taxable years ending before the
attainment of NORMAL RETIREMENT AGE under the PLAN, the maximum deferral
shall be the lesser of: (a)$15,000 or (b) the limitation established for the taxable
year under Section 2.04, plus the limitation established for purposes of Section 2.04
for each of the prior taxable years beginning after December 31,1978, during
which the PARTICIPANT was eligible to participate less the amount of
COMPENSATION deferred under the PLAN for each of such prior taxable years,
2,06, In applying the deferral limitations of Sections 2.04 and 2.05, any amounts
excluded from the PARTICIPANT'S gross income for the taxable year under IRC
Sections 403(b), 402(e)(3), 402(h)(1)(B) or (k) and deductible contributions to an
organization described in IRC Section 501 (c)(18), shall be treated as amounts
deferred as provided in IRC Section 457(c),
2.07. Notwithstanding the preceding provisions of Article 11, a PARTICIPANT who is
entitled to reemployment pursuant to the terms of the Uniformed Services
Employment and Reemployment Act of 1994 (USERRA) may defer an additional
amount under the PLAN as provided in that act for the years of his or her service
in the uniformed services (as defined in USERRA). Any such deferrals will not be
subject to the limits set forth above in the year in which deferred, but will be
subject to the limits for the year to which such deferrals relate.
ARTICLE III
EMPLOYER Contributions
The EMPLOYER may contribute to the PLAN for PARTICIPANTS. EMPLOYER
contributions shall vest at the time such contributions are made. For purposes of
PLANS administering Sections 2.04 and 2.05, EMPLOYER contributions shall apply
toward the maximum deferral limits in the PLAN YEAR that such contributions are
made.
ARTICLE IV
Plan Transfers
4.01 . If a PARTICIPANT terminates employment with the EMPLOYER and accepts
employment with another EMPLOYER which maintains an eligible deferred
COMPENSATION PLAN (as defined in IRC Section 457) and the new EMPLOYER's
PLAN accepts transfers, the PARTICIPANT may transfer his account balance from
the PLAN to the PLAN maintained by the new EMPLOYER,
4.02. Transfers from other eligible deferred COMPENSATION PLANS (as defined in
IRC Section 457) to the PLAN will be accepted at the PARTICIPANT'S request if such
transfers are in cash or non-annuity products currently offered under the PLAN.
Any such transferred amount shall not be subject to the limitations of Section 2.04,
provided, however, that the actual amount deferred during the calendar year
under both PLANS shall be taken into account in calculating the deferral limitation
for that year. For purposes of determining the limitation set forth in Section 2.05,
years of eligibility to participate in the prior PLAN and deferrals under that PLAN
shall be taken into account.
ARTICLE V
Designation of Beneficiary
The PARTICIPANT shall have the right to file, with the ADMINISTRATOR, a written
BENEFICIARY or change of BENEFICIARY form designating the person or persons
who shall receive the benefits payable under this PLAN in the event of the
PARTICIPANT'S death. The form for this purpose shall be provided by the
ADMINISTRATOR and will have no effect until it is signed, filed with the
ADMINISTRATOR by the PARTICIPANT, and accepted by the ADMINISTRATOR. If
the PARTICIPANT dies without having a BENEFICIARY form on file, the benefits will
be paid to the PARTICIPANTS estate. The PARTICIPANT accepts and
acknowledges that he has the burden for executing and filing with the
ADMINISTRATOR a proper BENEFICIARY designation form.
ARTICLE VI
Accounts and Reports
6,01 . THE EMPLOYER shall remit the amounts deferred to the ADMINISTRATOR or
his designated agent, The ADMINISTRATOR shall have no duty to determine
whether the funds paid to him by the EMPLOYER are correct, nor to collect or
enforce such payment.
6,02. For convenience and to facilitate an orderly administration of the PLAN, the
ADMINISTRATOR shall maintain a deferred account with respect to each
PARTICIPANT. A written report of the status of the PARTICIPANT'S deferred account
shall be furnished at least annually and within thirty (30) days after the end of each
calendar year to the PARTICIPANT.
6.03. Within thirty (30) days offer the end of the calendar year, the
ADMINISTRATOR shall file with the EMPLOYER a written report of the assets of the
PLAN, a schedule of all receipts and disbursements, and a report of all material
transactions of the PLAN during the preceding year.
6.04. The ADMINISTRATOR's records shall be open to inspection during normal
business hours by the EMPLOYER or its designated representatives.
6.05. All reports to the PARTICIPANT shall be based on fair market value as of the
reporting date.
ARTICLE VII
Investment of Deferred Amount
7.01 . The deferred amounts shall be delivered by the EMPLOYER to the
ADMINISTRATOR or his designated agent for investment as designated by the
EMPLOYER.
7.02. The EMPLOYER shall use the PARTICIPANT'S or BENEFICIARY's investment
specifications so as to determine the value of the deferred account maintained
with respect to the PARTICIPANT as if the deferred amounts had been invested
according to such specifications; provided, however, that only upon approval
from EMPLOYER and ADMINISTRATOR may a PARTICIPANT allocate an amount
greater than 25% of the total deferrals of the PARTICIPANT to a life insurance
option.
7.03, All interest, dividends, charges for premiums and administrative expenses,
and changes in value due to market fluctuations applicable to each
PARTICIPANT'S deferred account shall be credited or debited to the account as
they occur.
7,04. All assets of the PLAN, including all deferred amounts, property and rights
purchased with deferred amounts, and all income attributable to such deferred
amounts, property or rights, shall (until made available to the PARTICIPANT or
BENEFICIARY) be held in a trust, custodial account or annuity contract described
in IRC Section 457(g) for the exclusive benefit of the PARTICIPANTS and their
BENEFICIARIES.
ARTICLE VIII
Benefits
8.01 . Commencement of Distributions: The PARTICIPANT may elect the time at
which distributions under the PLAN are to commence by designating the month
and year during which the first distribution is to be made. The earliest distribution
commencement date that may be elected by the PARTICIPANT shall be the
earlier of:
(a) thirty-one (31) days after ADMINISTRATOR is notified of PARTICIPANT'S
SEPARATION FROM SERVICE or the date the PARTICIPANT separates
from service, whichever is later; or
(b) the date on which the PARTICIPANT attains age 70 1/2 or terminates
deferrals under this PLAN, whichever is later,
At least thirty (30) days prior to the date on which a PARTICIPANT is eligible for
benefits to commence under the PLAN, the EMPLOYER shall notify the
ADMINISTRATOR in writing, mailed to the ADMINISTRATOR'S Home Office, of the
PARTICIPANT'S eligibility.
The PARTICIPANT shall make such election no later than the earlier of:
(a) thirty (30) days following the date the ADMINISTRATOR is notified of
PARTICIPANT'S SEPARATION FROM SERVICE, or
(b) thirty (30) days following attainment of age 70,
Benefits payable to the PARTICIPANT will be the equivalent of the total benefits
that would have been created had the deferred amounts been invested as
specified by the PARTICIPANT.
The date elected for commencement of distributions ("the Elected
Commencement Date") shall be not later than the Mandatory Commencement
Date, which shall be the later of:
(a) April 1 of the calendar year following the calendar year in which the
PARTICIPANT attains age 70 1 /2; or
(b) April 1 of the calendar year following the calendar year in which the
PARTICIPANT separates from service with the EMPLOYER.
The Elected Commencement Date may be postponed, once, following the
PARTICIPANT'S SEPARATION FROM SERVICE, if the PARTICIPANT files an election
designating a new date for benefits to begin, prior to the original Elected
Commencement Date. Failure to file an election with the ADMINISTRATOR within
the appropriate time period will result in the ADMINISTRATOR beginning
distributions one hundred and eighty (180) days following the date the
PARTICIPANT separated from service or the date the ADMINISTRATOR is notified of
PARTICIPANT'S SEPARATION FROM SERVICE, whichever is later.
8.02, Mode of Payment: Benefits shall be paid in accordance with the payment
option elected by the PARTICIPANT. Payment, method of payment, and
settlement options are available as provided by each of the available investment
specifications. At least thirty (30) days prior to the Elected or Mandatory
Commencement Date, the PARTICIPANT shall elect the mode of payment based
upon the options then available. Such election shall be irrevocable after the
thirtieth (30th) day preceding the date on which benefits will commence, Failure
to file an election with the ADMINISTRATOR will result in:
a) If the PARTICIPANT'S account value is $10,000 or less, the
ADMINISTRATOR shall make a lump sum distribution to the
PARTICIPANT.
b) If the PARTICIPANT'S account value is greater than $10,000, the
ADMINISTRATOR shall elect an annuity payout for the PARTICIPANT
which provides for monthly payments to the PARTICIPANT in the form
of a life annuity with a ten (10) year certain period.
8,03. Payments to BENEFICIARY: If the PARTICIPANT dies while employed with the
EMPLOYER, or the PARTICIPANT dies before the benefits to which he is entitled
under this PLAN have been exhausted, the benefit payable under this PLAN shall
be paid to his designated BENEFICIARY.
The BENEFICIARY shall have the right to elect the time and mode of payment of
such benefits, subject to the limitations set forth in this PLAN. Such election as to
the time of payment (distribution commencement date) shall be filed by the
BENEFICIARY not later than ninety (90) days following the PARTICIPANT'S death
and shall not be changed once the election is made. The distribution
commencement date must be at least one hundred twenty (120) days following
the PARTICIPANTS death (subject to the December 31 commencement date for
surviving spouses as described later in this Section), and distributions to a
BENEFICIARY shall be completed within the applicable time period specified in
the remaining paragraphs of this Section. An election concerning the mode of
payment shall be filed by the BENEFICIARY either @ at least thirty (30) days prior to
the elected commencement date, or (ii) within ninety (90) days following the
PARTICIPANT'S death, whichever is later.
Failure to file an election as to the time of payment will result in the
ADMINISTRATOR beginning distributions to the BENEFICIARY one hundred twenty
(120) days following the PARTICIPANT'S death (subject to the December 31
commencement date for surviving spouses as described later in this Section).
Failure to file an election as to the manner of payment will result in the
ADMINISTRATOR making a lump sum cash distribution.
If the PARTICIPANT dies after the commencement of distributions, then any
amount not distributed to the PARTICIPANT during his life shall be distributed to the
BENEFICIARY at least as rapidly as under the method of distribution used by the
PARTICIPANT at the time of the PARTICIPANT'S death. In addition, if the
PARTICIPANT dies prior to the commencement of distributions then the
PARTICIPANT'S account shall be distributed to the BENEFICIARY within 5 years (or
over the life or life expectancy of the BENEFICIARY, but not to exceed 15 years, if
distributions commence within 1 year); provided, however, that if such
BENEFICIARY is the surviving spouse of the PARTICIPANT, then (i) such distributions
need not commence prior to December 31 of the calendar year in which the
PARTICIPANT would have attained age 70 1 /2 (or such other date as may be
permitted under applicable Treasury Regulations), and (ii) benefits payable to
such spouse shall be completed during a period not in excess of such spouse's life
expectancy,
No settlement option available to the PARTICIPANT shall provide benefits to
BENEFICIARIES which are equal to or greater than 33 1 /3%of the maximum benefit
(or such other amount as may be permitted under applicable Law or Treasury
Regulations) that would have been payable to the PARTICIPANT if no provision
had been made for payment to a BENEFICIARY (as determined by the use of the
expected return multiples in Treasury Regulation Section 1 .72-9, or, in the case of
payments under a contract issued by an insurance company, by the use of the
mortality tables of such company). In addition, any settlement option payable
over a period of more than one (1) year shall be made only in substantially
nonincreasing amounts paid not less frequently than annually,
8.04. UNFORSEEABLE EMERGENCY: Notwithstanding any other provisions herein,
in the event of an UNFORSEEABLE EMERGENCY, a PARTICIPANT may request that
benefits be paid to him immediately; provided, however, that payment of any
such benefits after the Elected or Mandatory Commencement Date shall be
subject to any limitations specified by an investment carrier, If the application for
payment is approved by the EMPLOYER or its designee, payments shall be
effected within forty-five (45) days of such approval. Benefits to be paid shall be
limited strictly to the amount necessary to meet the UNFORSEEABLE EMERGENCY
constituting financial hardship to the extent such UNFORSEEABLE EMERGENCY is
not relieved:
(a) through reimbursement or COMPENSATION by insurance or
otherwise;
(b) by liquidation of the PARTICIPANT'S assets, to the extent the
liquidation of such assets would not itself cause financial hardship; or
(c) by cessation of deferrals under the PLAN.
Foreseeable personal expenditures normally budgetable, such as a down
payment on a home the purchase of an automobile, college or cther
educational expenses, etc., will not constitute an UNFORSEEABLE EMERGENCY.
The decision of the EMPLOYER or its designee concerning the payment of benefits
under this Section shall be final.
8.05 In-service distribution - $3,500 or less: If the total amount payable 70 a
PARTICIPANT under the PLAN is $3,500 or less, the PARTICIPANT may eleor to
receive such amount before separation of service (or the PLAN may districute
such amount without the PARTICIPANT'S consent) If -
(a) no amount has been deferred under the PLAN with respect to such
PARTICIPANT during the two year period ending on the date of
distribution, and
(b) there has been no prior distribution under the PLAN to such
PARTICIPANT to which this Section applied.
ARTICLE IX
Administration of Plan
9.01 , The EMPLOYER may at any time amend, modify, or terminate the PLAN
without the consent of the PARTICIPANT (or any BENEFICIARY thereof), provided,
however, that assets of the PLAN shall be held for the exclusive benefit of
PARTICIPANTS and BENEFICIARIES at all times. All amendments shall become
effective forty five (45) days after the issuance of notice of the amendments by
the ADMINISTRATOR to the EMPLOYER. No amendments shall deprive the
PARTICIPANT of any of the benefits to which he is entitled under this PLAN with
respect to deferred amounts credited to his account prior to the effective date of
the amendment.
If the PLAN is curtailed, terminated, or the acceptance of additional deferred
amounts suspended permanently, the ADMINISTRATOR shall nonetheless be
responsible for the supervision of the payment of benefits resulting from amounts
deferred prior to the amendment, modification, or termination in accordance
with Article Vill hereof.
9.02. Any companies that may issue any policies, contracts, or other forms of
investment media used by the EMPLOYER or specified by the PARTICIPANT, are
not parties to this PLAN and such companies shall have no responsibility or
accountability to the PARTICIPANT or his BENEFICIARY with regard to the operation
of this PLAN.
9.03, Participation in this PLAN by a PUBLIC EMPLOYEE shall not be construed to
give a contract of employment to the PARTICIPANT or to alter or amend an
existing employment contract of the PARTICIPANT, nor shall participation in this
PLAN be constru&� as affording to the PARTICIPANT any representation or
guarantee regarding his continued employment.
9.04. The EMPLOYER and the ADMINISTRATOR do not represent or guarantee that
any particular Federal or State income, payroll, personal property, or other tax
consequence will occur because of the PARTICIPANTS participation in this PLAN.
The PARTICIPANT should consult with his own representative regarding
tax
questions of Federal or State income, payroll, personal property, or other
consequences arising from participation in this PLAN.
a r�C-F;AQ-', "L071
9.05. The ADMINISTRATOR shall have the power to appoint agents to act for and
in the administration of this PLAN and to select depositories for the assets of this
PLAN.
9.06. The laws of the state of the EMPLOYER shall apply in determining the
construction and validity of this PLAN.
9.07, The rights of the PARTICIPANT under this PLAN shall not be subject to the
rights of creditors of the PARTICIPANT or any BENEFICIARY, and shall be exempt
from execution, attachment, prior assignment, or any other judicial relief or order
for the benefit of creditors or other third persons.
9.08, Neither the PARTICIPANT nor his BENEFICIARY nor any other designee shall
have any right to commute, sell, assign, pledge, encumber, transfer, or otherwise
convey the right to receive any payments hereunder which payments and right
thereto are expressly declared to be nonassignable and nontransferable.
9.09. This PLAN and any properly adopted amendment or modification shall
constitute the total agreement or contract between the EMPLOYER and the
PARTICIPANT regarding the PLAN. No oral statement regarding the PLAN may be
relied upon by the PARTICIPANT.
9.10. This PLAN and any properly adopted amendment or modification shall be
binding on the parties hereto and their respective heirs, ADMINISTRATORs, trustees,
successors, and assignees and on all BENEFICIARIES of the PARTICIPANT.
ARTICLE X
Notice to ALL PARTICIPANTS to Read These Provisions Providing Broad Powers and
Absolute Safeguards to the EMPLOYER
10.01 , The EMPLOYER, the ADMINISTRATOR, or their respective agents shall be
authorized to resolve any questions of fact necessary to decide the PARTICIPANT'S
right under this PLAN and such decision shall be binding on the PARTICIPANT and
any BENEFICIARY thereof, provided, however, that assets of the PLAN shall be held
for the exclusive benefit of PARTICIPANTS and BENE=ICIARIES at all times.
10.02. The EMPLOYER, the ADMINISTRATOR, or their respective agents shall be
authorized to construe the PLAN and to resclve any ambiguity in the PLAN,
10.03. The PARTICIPANT specifically agrees not to seek recovery against the
EMPLOYER, the ADMINISTRATOR or any other employee, contractee, or agent of
the EMPLOYER or ADMINISTRATOR for any loss sustained by the PARTICIPANT or his
BENEFICIARY, for the non-performance of their duties, negligence, or any other
misconduct of the above named persons except that this paragraph shall not
excuse fraud or wrongful taking by any person.
10.04. The EMPLOYER, the ADMINISTRATOR, or their respective agents, if in doubt
concerning the correctness of their action in making a payment of a benefit, may
suspend the payment until satisfied as to the correctness of the payment or the
identity of the person to receive the payment or allow the filing in any State court
of competent jurisdiction, a suit in such form as they consider appropriate for a
legal determination of the benefits to be paid and the persons to receive them.
The EMPLOYER shall comply with the final orders of the court in any such suit and
the PARTICIPANT, for himself and his BENEFICIARY, consents to be bound thereby
insofar as it affects the benefits payable under this PLAN or the method or manner
of payment.
10,05. The EMPLOYER, the ADMINISTRATOR, and their respective agents are
hereby held harmless from all court costs and all claims for the attorneys' fees
arising from any action brought by the PARTICIPANT or any BENEFICIARY thereof
under this PLAN or to enforce his rights under this PLAN, including any
amendments, modification or termination hereof.
10.06. The ADMINISTRATOR shall not be required to participate in any litigation
concerning the PLAN except upon written demand from the EMPLOYER. The
ADMINISTRATOR may compromise, adjust or effect settlement of litigation when
specifically instructed to do so by the EMPLOYER.
10.07. All assets of the PLAN, including all deferred amounts, property and rights
purchased with deferred amounts, and all income attributable to such deferred
amounts, property or rights, other than assets held in annuity contracts, will be
held in a custodial account described in IRC Section 457 (g). Such amounts will be
held in a common fund with the assets of other Section 457 PLANS. Such custodial
account shall be held by the custodian thereof for the exclusive benefit of the
PARTICIPANTS and BENEFICIARIES of this and other Section 457 PLANS and the
assets may not be diverted to any other use. The ADMINISTRATOR shall be the
agent of the EMPLOYER for purposes of providing direction to the custodian of the
custodial account from time to time as to the investment of the funds held in the
account, the transfer of assets to or from the account and all other matters. A
copy of the Section 457 Custodial Account Agreement which describes the duties
of the custodian is attached hereto as Exhibit A and is incorporated herein by
reference.
ARTICLE XI
Prior Plan
If the EMPLOYER has already accepted the Deferred COMPENSATION Program
and adopted an eligible deferred COMPENSATION PLAN, as defined in IRC
Section 457, under such Program (the "Prior PLAN"), then the EMPLOYER intends
that this PLAN shall amend and restate the Prior PLAN. In such event, this PLAN shall
apply to all PARTICIPANTS in the Prior PLAN on the effective date hereof, and also
to each PUBLIC EMPLOYEE who elects to participate in this PLAN on and after the
effective date hereof.
ARTICLE XII
Effective Date
This Plan shall be effective on the date and year written below.
IN WITNESS WHEREOF, the undersigned has executed this Plan this
of 19
(Name of City)
By:
ARTICLE XI
Prior Plan
If the EMPLOYER has already accepted the Deferred COMPENSATION Program
and adopted an eligible deferred COMPENSATION PLAN, as defined in IRC
Section 457, under such Program (the "Prior PLAN"), then the EMPLOYER intends
that this PLAN shall amend and restate the Prior PLAN. In such event, this PLAN shall
apply to all PARTICIPANTS in the Prior PLAN on the effective date hereof, and also
to each PUBLIC EMPLOYEE who elects to participate in this PLAN on and after the
effective date hereof.
ARTICLE XII
Effective Date
This Plan shall be effective on the date and year written below.
IN WITNESS WHEREOF, the undersigned has executed this Plan this
of 19
(Name of City)
By:
PLEASE SIGN AND RETURN THIS PAGE ONLY.
Exhibit A
SECTION 457 CUSTODIAL ACCOUNT AGREEMENT
THIS CUSTODIAL AGREEMENT is made this 24th day of September, 1996 by and between
PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION duly organized and existing
under the laws of the State of Delaware, or its successor, (the "Principal') on behalf of certain
public employers and deferred compensation plans described herein and BANK ONE TRUST
COMPANY, N.A., a national banking association organized and existing under the national
banking laws of the United States (the "Custodian") for the exclusive benefit of the participants
and their beneficiaries of those certain deferred compensation plans described herein.
WITNESSETH:
WHEREAS, Section 457 of the Internal Revenue Code of 1986 (the "Code")governs the tax
treatment for deferred compensation plans of state and local governments ("Plan" or "Plans,,);
WI-IEREAS, Section 457 of the Code has been amended to require that assets and income of any
such Plan be set aside in a trust, custodial account, annuity contract or other insurance contract
for the exclusive benefit of participants and their beneficiaries;
WHEREAS, Principal, pursuant to this amendment of the Code desires as administrator and on
behalf of such Plans and for their eligible employers ("Employer" or "Employers") to open a
custodial account, the assets of which shall be held by Custodian (as defined in Section 401 (f) of
the Code) for the exclusive benefit of participants and the beneficiaries thereof of such Plans;
WHEREAS, Custodian has all requisite power and authority to maintain and hold such assets in a
custodial capacity for the exclusive benefit of such Plan participants and is a bank within the
meaning of Section 408(n) of the Code;
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties agree as follows.
1. INTENTION. The parties hereto intend that this agreement comply with Section 457(g)
of the Code and this Agreement shall be interpreted consistently with said Section.
1 NAME. The name of this custodial account shall be the Section 457 Custodial Account
(the "Account").
3. ADOPTION OF THIS AGREEMENT. Each Employer who desires that the Plan which
it sponsors become a part of the custodial account created under this Agreement for the benefit of
the participants thereof and their beneficiaries shall adopt the terms of this Agreement in the form
agreed to by the Principal and the Custodian.
1. CUSTODIANS DUTIES. The Custodian shall hold in its name or the name of its
nominee, for the benefit of the participants and beneficiaries of the Plans whose Employers have
adopted this Agreement, various life insurance contracts, savings plans and mutual fund shares
delivered to it by Principal as directed from time to time by the Employers maintaining such Plans,
such direction to be provided to Custodian through Principal. Custodian shall only be responsible
for custody thereunder of cash, securities and property delivered to it from Principal and then only
while the cash, securities and property are held in and as part of the Account. Custodian shall
have no obligation to review any direction to determine whether Principal's direction complies
with Section 457 of the Code. Such assets, including any earnings accruing on them, shall be held
solely for the participants and beneficiaries of the Plans and may not be diverted to any other use.
Principal shall not give Custodian any direction which would cause any assets to be assigned by
any Plan, other than as a transfer to another investment option under such Plan that satisfies the
requirements of Section 457 of the Code. Such contracts, savings plans and mutual fund shares
shall be held as a single account by Custodian. Custodian shall hold the contracts, savings plans
or mutual fund shares until termination of the custodial account as described herein or upon
cancellation of the contracts or mutual fund shares as directed by a Plan's employer through
Principal or until transferred to a successor pursuant to Section 9 hereof. Custodian and Principal
may enter into other agreements concerning the administration of the assets held under this
Custodial Agreement.
The Principal and Custodian acknowledge and agree that all such assets held in the custodial
account shall be for the account and risk of Plan participants and beneficiaries, and any losses with
such assets shall be borne solely by the Plan participants and beneficiaries thereunder. The
Custodian shall have no discretion whatsoever with respect to the management, disposition or
investment of the assets held in this Account.
5. LMTATIONS ON DUTIES OF CUSTODIAN. The duties and obligations and rights of
Custodian shall only be such as are specifically set forth in this Custodial Agreement, as it may
from time to time be amended, and no implied duties or obligations or rights shall be read into this
Custodial Agreement against the Custodian. Custodian is entitled to conclusively rely upon the
direction of the Principal. In particular, Custodian shall have no duty to monitor the value of any
investment or to make any investment decisions with respect to the property held hereunder.
Custodian shall not be required to follow any direction of an Employer which is not provided
through Principal, such grant of authority by Employer to Principal to provide direction to
Custodian is the subject of other agreements to which Custodian is not a party.
As long as and to the extent that it exercises reasonable care, Custodian shall not be responsible
for the title, validity or genuineness of any property or evidence of title thereto received by it or
delivered by it pursuant to this Agreement.
Custodian shall be entitled to rely upon and may act upon advice of counsel (who may or may not
be counsel for the Principal) on all matters, and shall be without liability for any action reasonably
taken or omitted pursuant to such advice.
6. RECORDS AND REPORTS. Custodian shall create and maintain records relating to its
activities and obligations under this Agreement. All such records shall remain property of the
Custodian. Custodian shall have no duty to maintain any records concerning the balance in any
particular Plan or in any Plan participant's account, that being the duty of the Principal.
2
7. LIABILITY LIMITATIONS. Custodian shall not be responsible or liable for any failure
or delay in the performance of its obligations under this Agreement arising our of or caused
directly or indirectly by circumstances beyond its reasonable control, including without limitation:
acts of God, earthquakes, fires, floods, wars, civil or military disturbance, sabotage, epidemics,
riots, interruptions, loss or malfunction of utilities or communications service, accidents, labor
disputes, acts of civil or military authority, governmental action, or inability to obtain labor,
material, equipment or transportation.
In no event shall the Custodian or its directors, officers, agents and employees be held liable for
any special, indirect, punitive or consequential damages resulting from any action taken or omitted
to be taken by it or them hereunder or in connection herewith even if advised of the possibility of
such damage.
8. COMPENSATION AND EXPENSES. Custodian shall be entitled to receive
compensation for its services and for reimbursement of its out of pocket expenses at such times
and in such amounts as the Custodian and the Principal may, from time to time, agree. Such fees
and expenses will be paid by Principal and only should Principal become delinquent will fees be
paid out of the funds held under this Agreement as authorized by the Principal.
9. RESIGNATION, REMOVAL and SUCCESSION OF CUSTODIAN. The Custodian or
Principal may terminate the Custodial Account agreement without assigning any cause, in writing,
effective not less than ninety (90) days after receipt thereof, by the other party. No such
resignation or removal shall be effective until a successor Custodian has been appointed by the
Principal and has accepted such appointment and all assets in the Account have been duly
transferred to such successor Custodian. If the Principal fails to name a successor Custodian
within ninety (90) days after receipt of a written resignation from the Custodian, the Custodian
shall have the right to commence an action in the nature of an interpleader (or other appropriate
action) and seek to deposit the property in a court of competent jurisdiction.
In case of the appointment of a successor Custodian, all of the powers, rights and duties of the
Custodian named herein shall survive and continue in the successor Custodian and every
successor Custodian shall succeed to, take and have all the powers, rights and duties which
belonged to or were held by its predecessor.
10. ACCOUNTINGS. Custodian will provide to Principal statements with respect to the
Account as a single account which will not reflect the interest of each section 457 Plan. Principal
may approve any account or statement. Custodian shall have the right to have its accounts settled
by judicial proceedings, if it so elects, in which event only Custodian and Principal shall be
necessary parties. Custodian may, however, in its discretion,join as defendant any other person
or persons who may have or claim an interest therein. Except as otherwise provided under
applicable law, only Principal may require Custodian to provide an accounting and only Principal
may institute an action or a proceeding against Custodian. Custodian shall have no duty to
provide any accountings or reports to any employer.
11. VOTING. Custodian shall promptly deliver or mail to the Principal all forms of proxies
3
oc-549-c(2/97)
and all notices of meetings affecting or relating to Securities held in any custodial account
established. Upon receipt of proper instructions, Custodian shall execute and deliver such proxies
or other authorizations as may be required. Neither Custodian nor its nominee shall vote any
Securities or execute any proxy to vote the same or give any consent to take any other action with
respect thereto absent proper instructions from Principal.
Custodian shall release and deliver such Securities and take any other action as directed by the
Principal, with respect to dividends, splits, distributions, spin-offs, puts, calls, conversions,
redemptions, tenders, exchanges, mergers, reorganizations, rights, warrants or any other similar
activity relating to the Securities.
12. TERMINATION. This Custodial Account shall terminate the earlier of the date on which
Principal determines that this Custodial Account no longer is necessary in light of any statutory or
regulatory change to the set aside requirement set forth in Section 457(g) of the Code or a date
one hundred days after the termination or redemption date of the last contract or mutual fund
share held hereunder. Any assets remaining at the time of such termination or cancellation shall
be returned to Principal, or be transferred to another party(ies)upon direction from the Principal.
13. GOVERNING LAW. The provisions of and validity and construction of this Custodial
Agreement shall be governed by and construed in accordance with the laws of the State of Ohio
and the Custodial Account created hereunder shall be administered in accordance with such laws.
14. SUCCESSORS and ASSIGNS. This Agreement and the rights and duties hereunder shall
not be assignable by either of the parties hereto except Custodian may assign this Agreement to
any of its affiliates.
15. AMENDMENTS. This Custodial Agreement may be amended from time to time by an
instrument in writing executed solely by duly authorized officers of the Principal and Custodian.
Amendments may be executed without the consent of any Plan, Employer or Plan participant.
16. NO THIRD PARTY BENEFIT. This Agreement is intended for the exclusive benefit of
the parties to this Agreement, the participating Plans, the participants in such Plans and their
beneficiaries, and their respective successors and assigns, and nothing contained in this Agreement
shall be construed as creating any rights or benefits in or to any other party.
17. DISPUTE RESOLUTION AND ARBITRATION. Any controversy or claim arising out
of or relating to this Agreement, or the breach of the same, shall be settled through consultation
and negotiation in good faith and a spirit of mutual cooperation. However, if those attempts fail,
the parties agree that any misunderstandings or disputes arising from this Agreement shall be
decided by arbitration in Columbus, Ohio which shall be conducted, upon request by either party,
before three (3) arbitrators (unless both parties agree on one (1) arbitrator) designated by the
American Arbitration Association (the "AAA"), in accordance with the terms of the Commercial
Arbitration Rules of the AAA and, to the maximum extent applicable, the United States
Arbitration Act (Title 9 of the United States Code), or if such Act is not applicable, any
substantially equivalent state law. The parties further agree that the arbitrator(s) will decide
4
Bich party must bear the expenses of the arbitration proceedings.
18. MEDIA RELEASES. No media releases of any kind to publicize the Account or
relationship between the Employer, Custodian or Principal are permitted. No party shall use any
trade name trademark, service mark or any other information which identifies the other party in its
sales, marketing and publicity activities, including but not limited to interviews with
representatives of any written publication, television station or network, or radio station or
network. The Custodian and Principal may by joint action waive the restrictions of this Section;
an Employer may seek a waiver by submitting a request through Principal.
IN WITNESS WHEREOF, the parties hereto have caused this Custodial Agreement to be
SIGNED, SEALED and DELIVERED at Columbus, Ohio on the date set forth above.
PRINCIPAL:
PUBLIC EMPLOYEES BENEFIT SERVICES
CORPORATION
It
By:
Its: '1
CUSTODIAN:
BANK ONE TRUST COMPANY, N.A.
By: i
Its: '�
Kent City Council Meeting
Date March 3 , 1998
Category Consent Calendar
1. SUBJECT: FIRE EQUIPMENT REPLACEMENT AND BUDGET CHANGE -
APPROVAL
2 . SUMMARY STATEMENT: Authorization to establish a budget of
$20, 000 from the Fire Apparatus Repalcement Fund to replace the
four (4) apparatus pumps.
Four (4) of the City's engines are almost ten (10) years old.
The average mileage on the apparatus is 65, 000 miles. The
engine hours (5, 320) , equate to greater than 180, 000 miles.
Through normal wear and related to a design flaw the pumps have
begun to fail. Two (2) apparatus are currently out of service
and the other two (2) are showing signs of significant pump
wear. The replacement pumps cost is approximately $40, 000 for
four (4) pumps. However, our appara-tus maintenance supervisor
has argued that even though the pumps are out of warranty, that
the designed was flawed as evidenced by the wear and the
redesign of the pumps. He has gotten the manufacturer to agree
to replace the pumps at half price. For safety and operations
reasons it is necessary to replace the four (4) pumps at this
time. The apparatus replacement fund was designed for such
large repairs and funds are available within the fund.
The Department requests funds from the apparatus replacement
fund reserve be authorized to provide a budget to replace the
four pumps.
3 . EXHIBITS• None
4 . RECOMMENDED BY: Fire Apparatus Maintenance Supervisor and Fire
Chief Operations Committee 2/24/98
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $20 , 000
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3E
Kent City Council Meeting
Date March 3 , 1998
Category Consent Calendar
1. SUBJECT: CORRECTIONS CONTRACTS WITH CITIES OF COVINGTON AND
MAPLE VALLEY - APPROVAL
2 . SUMMARY STATEMENT: Authorization for the Mayor to sign
contracts for jail services with the City of Covington and the
City of Maple Valley.
The proposed contract for jail services with the City of
Covington and the City of Maple Valley are standard outside
agency contracts with two minor exceptions:
1) A $15 administrative fee has been added for each time a
person is booked into the facility to cover costs of
maintaining photos and extra print cards that would normally go
to the contracting agency.
2) Kent has negotiated a fee for transporting their inmates to
court and/or medical appointments when their officers are not
available to do so. This fee is based on the corrections
officer wages plus a $2/hour administrative fee. If the
individual is a felon and has to be transported by patrol, the
rate of top patrolman plus 10 years and a $2/hour
administrative fee has been used.
3 . EXHIBITS: Contracts
4 . RECOMMENDED BY: Staff & Public Safety/Operations Committee
2/24/98
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCALIPERSONNEL IMPACT• NO X YES
6. EXPENDITURE REQUIRED: Contracting agencies pay maintenance
charge for services provided
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3F
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 Covington, a municipal corporation of the State of
Washington, hereinafter referred to as "Purchaser" , hereby agree
to enter into this service contract as follows :
I . DEFINITTCNS
Unless the context clearly shows another usage is intended,
the following terms shall have these meanings in this contract .
A. "Kent Corrections Facility" or "KCF" 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. Pursuant to this agreement, "CKF" refers
to the City of Kent Corrections Facility at 1230 Central Avenue
South, Kent , Washington, operated by the City of Kent .
B . "Prisoner" means a person held when a charge of
Purchaser 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 'lope charge" or investiga-
tion 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 Facil_= ✓.
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 conditioned 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
City of Kent shall accept for confinement and/or holding 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
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. City of Kent shall furnish to Prisoner
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 City of Kent a maintenance charge as
follows :
A. City of Kent hereby authorizes the use to 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 City of Kent . It is
acknowledged and agreed that access to KCF is on a nonexclusive
space available basis and further that City of Kent is contract-
ing with and retains the right to contract with other cities for
similar access to KCF during the term of this contract .
B . Purchaser agrees to pay to City of Kent the sum of
Fifty-eight Dollars ($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 Purchaser' s Prisoners are being held for
other jurisdictions , then the cost to house them will be shared
equally.
C. Purchaser agrees to pay City of Kent an administrative
fee of Fifteen Dollars ($15) to cover the cost of maintainina the
Prisoner' s criminal history, booking reccrd, booking photo and a
change in the fingerprinting procedure , i . e . flat print of the
right hand on the booking sheet , immediately faxing a copy of .the
Prisoner' s fingerprints to AFIS , and forwarding all print cards
to AFIS with the booking sheet . This fee is assessed each time a
defendant is booked into CKF . This administrative fee will
increase each year commensurate with City of Kent ' s contract with
the corrections officers . City of 'Tent will notify Purchaser in
writing of any increase within thirty days of reaching a new
agreement with the corrections officers .
D . Purchaser agrees to pay City of Rent the sum of
Eighteen Dollars and Seventy-five Cents ($:.8 . 75) per 'nour for
transporting prisoners to court , medical/dental appointments , or
other requested transports . The cost will be computed to the
nearest quarter hour . If overtime is recuired to complete the
transport, Purchaser agrees to compensate City of Kent at the
rate of time and one-half . This transpc_t fee will increase
Page 2 of 5
each year commensurate with City of Kent ' s contract with the
corrections officers . City of Kent will notify Purchaser in
writing of any increase within thirty days of reaching a new
agreement with the corrections officers .
In the event that a corrections officer is not
available for transport, then a patrol officer may be used to
transport Prisoners . In this case, the cost per hour will be
Twenty-six Dollars and Sixty-nine Cents ($26 . 69) . The cost will
be computed to the nearest quarter hour. If overtime is required-
to complete the transport , Purchaser agrees to compensate City of
Kent at the rate of time and one-half . This transport fee will
increase each year commensurate with City of Kent ' s contract with
the Police Officer' s Association. City of Kent will notify
Purchaser in writing of any increase within thirty days of
reaching a new agreement with the police officers .
E. Purchaser agrees to pay to City of Kent the sum of
Seventeen Dollars ($17) per day for Home Detention and Twenty-
two Dollars ($22) per day for Work Release if Prisoner is unable
to pay. In addition, Purchaser agrees to pay to City of Kent the
sum of Twenty-five Dollars ($25) for the application fee if
Prisoner is unable to pay. Prior to processing an application
for Work Release or Home Detention or placing a Prisoner in
either of these programs , City of Kent wi'.l obtain Purchaser' s
approval .
F . Payment of these costs will be made promptly and to the
City of Kent within 30 days after the monthly statement is
received.
G. 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 to future billings until the credit
has been exhausted. Any unused credit which exists at the time
of termination of this contract shall be refunded within 20 days
of the date of termination.
IV. TERM
This contract shall take effect March 1 , 1998 , and shall
supersede and terminate anv other Facilit.; use agreement or
contract existing between City of Kent and Purchaser. This
contract shall be in effect through 1998 and then automatically
renew from year to year unless otherwise modified or terminated
as provided herein. This contract may be terminated by either
party upon 60 days written notice frcm the party desiring
termination.
V. MOD!F!CAT--ON
This contract shall be modified on7v upon mutual consent of
the parties , in writing, sicned by both parties .
Page 3 of 5
VI . INDEMNIFICATION, LITIGATION
A. Purchaser agrees to defend, indemnify and hold harmless
City of Kent, 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 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 City of Kent ,
and its officers, agents , and employees, or any of them, or
jointly against City of Kent and 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 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 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, City of Kent shall defend
the same at its sole cost and expense provided that Purchaser
retains the right to participate in said suit if any principle
governmental or public law is involved, and if final judgment be
rendered against Purchaser, its officers , acents , and employees,
or any of them, or jcintly against Purchaser and City of Kent and
their respective officers , acents , and employees , or any of them,
City of Kent shall satisfy the same .
VII . NON DISCRIM`NATION/EOUALITY OF EMPLOYMENT OPPORTUNITY
City of Kent wil_ provide equal employment opportunity in
administering this contract , in implementing this contract , and
in administering the Facility, and prohibit discriminatory
treatment .
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 .
Page 4 of 5
IX. INSURANCE
Purchaser and 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 demonstrat-
ing coverage by the required insurance . Purchaser shall name
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 . 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 five 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 OF COVINGTON CITY OF KENT
By: Bv:
Pat Nevins Date Jim White Date
City Manager Mayor
APPROVED AS TO FORM: APPRCVED AS TO FORM :
By: By :
Duncan Wilson Date Rcaer Lubovich Data
City Attorney City Attorney
Page 5 of 5
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 Maple Valley, 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" or "KCF" 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. Pursuant to this agreement , "CKF" refers
to the City of Kent Corrections Facility at 1230 Central Avenue
South, Kent, Washington, operated by the City of Kent .
B . "Prisoner" means a person held when a charge of
Purchaser 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 "onen charge" or investiga-
tion 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 cf Purchaser and booked
and housed in the Kent Corrections Fad
C . "Work Release" means a program Df 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 conditioned 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 amendedl .
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 Chapter 9 . 94A, as
amended) .
II . JAIL AND HEALTH SERVICES
City of Kent shall accept for confinement and/or holding 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
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. City of Kent shall furnish to Prisoner
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 City of Kent a maintenance charge as
follows :
A. City of Kent hereby authorizes the use to 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 City of Kent . It is
acknowledged and agreed that access to KCF is on a nonexclusive
space available basis and further that City of Kent is contract-
ing with and retains the right to contract with other cities for
similar access to KCF during the term of this contract .
B . Purchaser agrees to pay to City of Kent the sum of
Fifty-eight Dollars ($58 ) per day per Prisoner per 24-hour period
calculated from initial booking time, cr any portion of a 24-
hour period) . If any of Purchaser' s Prisoners are being held for
other jurisdictions , then the cost to house them will be shared
equally.
C . Purchaser agrees to pay City cf Kent an administrative
fee of Fifteen Dollars (S15 ) to cover the cost of maintaining the
Prisoner' s criminal history, booking record, booking photo and a
change in the fingerprinting procedure , i . e . flat print of the
right hand on the booking sheet, immediate:y faxing a copy of the
Prisoner' s fingerprints to AFIS , and fc rNarding all print cards
to AFIS with the booking sheet . This fee is assessed each time
a defendant is booked into CKF . This administrative fee will
increase each year commensurate with City of Kent ' s contract with
the corrections officers . City of Kent will notify Purchaser in
writing of any increase within thirty days of reaching a new
agreement with the corrections officers .
D . Purchaser agrees to pay City of Kent the sum of
Eighteen Dollars and Seventy-five Cents (S!3 . 75) per hour for
transporting prisoners to court , medical/dental appointments , or
other requested transports . The cost will be computed to the
nearest quarter hour . If overtime is re=iced cc complete the
transport , Purchaser agrees compensate ity of Kent at the
rate of time and one-half . This _ranspert fee will increase
Page 2 of 5
each year commensurate with City of Kent ' s contract with the
corrections officers . City of Kent will notify Purchaser in
writing of any increase within thirty days of reaching a new
agreement with the corrections officers .
In the event that a corrections officer is not
available for transport, then a patrol officer may be used to
transport Prisoners . In this case, the cost per hour will be
Twenty-six Dollars and Sixty-nine Cents ($26 . 69) . The cost will
be computed to the nearest quarter hour. If overtime is required
to complete the transport , Purchaser agrees to compensate City of
Kent at the rate of time and one-half . This transport fee will
increase each year commensurate with City of Kent' s contract with
the Police Officer' s Association. City of Kent will notify
Purchaser in writing of any increase within thirty days of
reaching a new agreement with the police officers .
E . Purchaser agrees to pay to City of Kent the sum of
Seventeen Dollars ($17) per day for Home Detention and Twenty-
two Dollars ($22) per day for Work Release if Prisoner is unable
to pay. In addition, Purchaser agrees to pay to City of Kent the
sum of Twenty-five Dollars ($25) for the application fee if
Prisoner is unable to pay. Prior to processing an application
for work Release or Home Detention or placing a Prisoner in
either of these programs , City of Kent will obtain Purchaser' s
approval .
F . Payment of these costs will be made promptly and to the
City of Kent within 30 days after the monthly statement is
received.
G . 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 to future billings until the credit
has been exhausted. Anv unused credit which exists at the time
of termination of this contract shall be refunded within 20 days
of the date of termination.
IV. TERM
This contract shall take effect March 1 , 1998 , and shall
supersede and terminate anv ether Fac'__it-r use agreement or
contract existing between City of Kent and Purchaser . This
contract shall be in effect through :998 and then automatically
renew frcm year to year unless otherwise modified or terminated
as provided herein . This contract may be terminated by either
party upcn 60 days written notice from the party desiring
termination.
V. MODIFICATION
This contract shall be modified cnly upon mutual consent of
the parties , in writing, signed by both parties .
Pace 3 of 5
VI . INDEMNIFICATION, LITIGATION
A. Purchaser agrees to defend, indemnify and hold harmless
City of Kent, 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 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 City of Kent,
and its officers , agents , and employees , or any of them, or
jointly against City of Kent and Purchaser and their respective
officers, agents , and employees , or anv 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 anv nature whatsoever by
reason of or arising out of any act or omission of 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
3Dersons are in the Facility or in the custody of 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, City of Kent shall defend
the same at its sole cost and expense provided that Purchaser
retains the right to participate in said suit if any principle
governmental or public law is involved, and Mina': judgment be
rendered against Purchaser, its officers , agents , and employees,
or any of them, or jointly against Purchaser and Citv of Kent and
their respective officers , agents , and emplovees , or any of them,
City of Kent shay_ satisfy the same .
VII . 'LION-DISCRIMINATION/=DUAL:TY CF =" PLCYM•ENT OPPOR=IT`v
City of Kent wil_ provide equal employment opportunity in
administering this contract , in implementing this contract , and
in administering the Facility, and prohibit discriminatory
treatment .
VIII . WAr'IER
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 anv later nonperformance, nor does
payment of a billing or continued performance after notice of a
deflc'_encv in performance const;tL'te an ac--u-escence thereto .
Pace 4 cf
IX. INSURANCE
Purchaser and 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 demonstrat-
ing coverage by the required insurance . Purchaser shall name
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 . 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 five 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.
C=TY OF MAPLE VALLEY CITY -_F KENT
By: 3`-✓
Mike Cecka Date .;im White Date
City Manager Macr
APPRCVED AS TO FORM : APPRCVED AS TO FORM :
By: 3y:
Lisa Marshell Date Rccer Lubcvich Date
City Attorney _: Attorney
Paae S c=
Kent City Council Meeting
Date March 3 . 1998
Category Consent Calendar
1. SUBJECT: KENT REPORTER NEWSLETTER CONTRACT - APPROVAL
2 . SUMMARY STATEMENT: As recommended by the Operations/Public
Safety Committee at its February 24th meeting, approval of the
contract with the Kent Reporter to provide a one-page monthly
City newsletter and direct staff to discontinue publication of
the City' s quarterly newsletter as part of the Parks and
Recreation brochure. The newsletter content and layout would
be completed in-house. Distribution would be to all Kent
households in the incorporated boundary. The expenditure below
includes the Kent Reporter contract as well as operating funds
for additional graphics production work and materials.
3 . EXHIBITS: Information memo and draft contract
4 . RECOMMENDED BY: Public Safety/Operations Committee (2/24)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $42 , 000
SOURCE OF FUNDS: 1998 Budget
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3G
CITY OF KENT
MEMORANDUM
TO: Kent City Council Operations Committee
FROM: Dena Laurent, Government Affairs Manager
SUBJECT: Kent Reporter Contract
DATE: February 18, 1998
Background
In 1997, the Kent Reporter began publishing a direct mail newspaper distributed to '_8,000
homes in Kent. At their inception, the Kent Reporter approached the City about including a
monthly City newsletter in their publication. The model they proposed was the same as they use
with the City of Renton in the Renton Reporter. We brought this issue before the Operations
Committee last spring, given the Council's interest and target issue regarding enhanced
community outreach. The Committee chose to defer action at that time. Because the publication
was new, the Committee was interested in evaluating its track record and the community's
response to the publication. Last fall, the Operations Committee included $43,000 in the 1998
Budget for this project. A draft contract is attached for the Committee's consideration. Additional
information is provided below.
Project Scope
The project scope would include the publication of a one page City newsletter monthly in the
Kent Reporter. The content and layout would be produced in-house. The content would be
similar to that which is currently included in the Kent Connections newsletter, now published
quarterly in the Parks and Recreation brochure. The project budget includes funds for the one
page newsletter space each month, funds to cover the extra service from our graphics division
and funds to cover printing and distribution in the incorporated boundary beyond the Kent
Reporter's regular distribution area. The Kent Reporter is typically distributed to 28.000 Kent
homes in the 98031 and 98032 zip codes. To reach all of our carrier routes, the City would pay
an additional $210 per thousand for the extra 16,000 homes we need to reach to reach all of our
citizens. The project costs break out as follows:
Project Expense Monthly Cost 1998 Cost (9 mos.) Annual Cost (12 mos.)
Newsletter Space $1,200 $10,800 $14,400
Add'l Copies $3,360 SA240 . 40 320
Kent Reporter Subtotal $4,560 $41,040 $54,720
Graphics $ 270 $ 2,430 $ 3,240
Total Cost $4.830 $43,4 70 $57.960
The Kent School District (KSD) also publishes a one page newsletter in the Kent Reporter on a
monthly basis. At least four times each year, KSD pays the additional cost to have the Kent
Reporter mailed to the entire district service area. If we could coordinate these mailings and
share postage cost for those carrier routes to which we both need to mail, we could save an
estimated $1,680 per collaborative mailing.
A Little Q&A...
What would it cost to produce, print and mail a City Newsletter outside the Recreation brochure?
To produce, print and mail a City newsletter the same size (8-1/2 x 11 inch) as the current four
page Kent Connections :newsletter would cost approximately $7,725 per issue (higher quality
paper). To produce, print and mail a four-page tabloid size newsletter would cost $6,947 per
issue. To produce, print and mail a six page (lower quality paper) 8-1/2 x 11 inch newsletter
would cost $6.994 per issue.
What would we do with the Kent Connections newsletter if we went with the Kent Report
option?
The Kent Connections newsletter is currently produced as a four page insert to the Quarterly
Parks and Recreation brochure at a printing cost of$4,000 per issue. We could continue to print
the newsletter but change the focus, featuring a special service or issue each quarter. Extra copies
could be run for later distribution at City facilities and at public meetings. Sample topics could
include: domestic violence services, neighborhood services, what's happening downtown, how to
get involved in Kent, etc. We could also discontinue the newsletter. I do not recommend
repeating the same material from Kent Reporter newsletters in the Recreation brochure
newsletter.
How does the City of Renton feel about their newsletter in the Renton Reporter?
The City of Renton has had a very positive experience with their newsletter, extending their
latest newsletter contract for a two year period. The City of Renton also used the Renton
Reporter to conduct a mail-back survey for a fire equipment bond issue. Approximately 450
te for a mail-back survey of their size. The Kent
responses were returned, a excellent response ra
School District also publishes a monthly newsletter in the Kent Reporter and has had very
favorable feedback.
Please do not hesitate to contact me with any questions or concerns.
City of Dent & Dent Reporter
220 4th Avenue South, Kent, WA 98032-5895 723 S.W. loth St., Renton, WA 98055
The City of Kent agrees to purchase display advertising in the Kent Reporter for the purpose of producing
a City newsletter(Kent Connections) for the citizens of Kent, at a minimum frequency of once each month;
and, the Kent Reporter agrees to publish and distribute at least one edition each month during the period:
April 1998 through December 1998
The City of Kent will purchase one full page (equivalent to 80 column inches) at a monthly rate of$1,200.
This price will include printing in black ink plus one extra spot color, the color to be determined by the Kent
Reporter, in coordination with the City of Kent. Additional colors may be purchased for use in the ad at a
cost of$75 per color, per issue. The page shall be placed in the center fold of the editions in which the City
newsletter appears, unless an alternate location is agreed to by both the City of Kent and the Kent Reporter.
The Citv of Kent will have full control over the name, editorial content, and layout of the City newsletter,
and will provide the Kent Reporter with camera ready copy of the newsletter for production purposes. In
each edition of the Kent Reporter that includes the City newsletter, the Kent Reporter will provide the City
of Kent with a front page teaser indicating to the community that the City newsletter is included inside the
newspaper.
The City of Kent and the Kent Reporter will mutually review and determine postal carver routes for the
publication's delivery. This review shall ensure that the entire incorporated boundary of the City of Kent
receives the publication. These codes may be updated monthly as needed to accommodate changes in the
City's incorporated boundaries. The City of Kent will provide the Kent Reporter with pictures that are to
be included in the City newsletter and the Kent Reporter will provide any scanning of half tones that may
be needed.
The Kent Reporter agrees to direct mail 28.000 copies of the Kent Reporter to residents within the Kent city
limits. Additional copies will be produced and mailed at a marginal cost of S210 per 1,000 copies. Five-
hundred additional copies will be delivered to the City of Kent for the City's use at no extra cost. The Kent
Reporter also agrees to provide the City of Kent with certification from the post office verifying the number
of copies mailed when requested by city officials.
Signed by:
Mavor Jim White. City of Kent Denis W. Law,Puget Sound Publishing
DBA Kent Reporter
Attest: Kent City Clerk Date
Approved as to legal form:
Roger Lubovich, City Attorney, City of Kent
VICE N T
RPol
ORTER
February 6, 1998
Dena Laurent
City of Kent
220 4th Avenue South
Kent, WA 98032-5895
Dear Dena:
This letter is an attempt to answer some questions you raised regarding our method of
distributing the Kent Reporter.
We routinely distribute 28,000 or more newspapers in the greater Kent community each
Y month. This past November, December and January,we actually mailed to nearly 57,000
households and businesses at the direction of the Kent School District.This included all of
" the addresses that fall within the school district boundaries, approximately 9,000 that are
actually Renton addresses. �cL
With our normal distribution of 28,000, we select carrier routes in 98031,98032 and
, 9
Y 8042. We occasional) change some of the actual carrier routes in order to expose the
"h`' t'1 \newspaper to more sing le-family homes to the unincorporated area of Kent. This also �
,ter •� enables unto target fffgher demograpfiic nei b-clods that may be`ofbene5t to our
advertisers. Even ou e u o our distribution is always in 98031 and 98032, there
f are instances where a reader will not automatically get the newspaper each month unless
they are a regular subscriber.
This would not be the case if we are contracted with the city to publish a report to its
citizens. In our November proposal to the city, we committed to distributing 28,000 homes
and businesses within the city limits, and expand to other homes within the city boundaries
that are selected by your office. Since we are distributed by mail, we can assure the city that
every address gets a copy of the newspaper each month.
If there is an address that is missing from the computer-generated mailing list, we can add it
with a simple phone call.
I hope this explanation clears up some of the questions that you have about our circulation
system. Please give me a call if I can provide you with any additional info rmation.that ma}L
be helpful.
erely,
Denis W. Law
Publisher
P.O. Box 1168 Renton, WA 9805-7-1168 • (425) 204-7838
Kent City Council Meeting
Date March 3 . 1998
Category Consent Calendar
1. SUBJECT: PACIFIC TERRACE - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the Bill of Sale for Pacific
Terrace submitted by Pacific Industries, Inc. for continuous
operation and maintenance of 617 feet of watermain, 822 feet of
sanitary sewers, 590 feet of street improvements, 1,510 feet of
storm sewers and release of bonds after the expiration period.
The project is located at S. E. 248th Street & 108th Avenue S.E.
3 . EXHIBITS: vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS: _.
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3H
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Kent City Council Meeting
Date March 3 , 1998
Category Consent Calendar
1. SUBJECT: LID 348, 64TH AVENUE IMPROVEMENTS - ACCEPT
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, accept as complete the LID 348 64th Avenue
Improvements project and release of retainage to Gary Merlino
Construction upon standard releases from the State and, release
of any liens. The original contract amount was $1, 249, 224 . 44 .
The final construction cost was $1, 280, 215. 01.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3I
Kent City Council Meeting
Date March 3 , 1998
Category Consent Calendar
1. SUBJECT: HUMAN SERVICES APPOINTMENT
2 . SUMMARY STATEMENT: Confirmation of the Council President's
appointment of Councilmember Tom Brotherton 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/l/99.
3 . EXHIBITS: Memorandum
4 . RECOMMENDED BY: Council President Leona Orr
(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. 3J
MEMORANDUM
TO: MAYOR JIM WHITE
CITY COUNCIL MEMBERS
FROM: LEONA ORR, CITY COUNCIL PRESIDEN ((
DATE: FEBRUARY 24, 1998 i
i
SUBJECT: APPOINTMENT TO KENT HUMAN SERVICES COMMISSION
I have appointed Councilmember Tom Brotherton 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 l/1/99.
I submit this for your confirmation.
LO;jb
l
I
Kent City Council Meeting
J Date March 3 , 1998
Category Other Business
1. SUBJECT: BENSON HIGHLANDS FINAL PLAT FSU-95-10
2 . SUMMARY STATEMENT: This item is continued from the meeting
of March 3 , 1998 . It is an application for the Benson
Highlands final plat which contains 13 lots on 3 . 79 acres and
is located at 11208 SE 244th Street.
3 . EXHIBITS: Staff memo, map, and approved conditions of the
final plat
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL[PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS: _
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to approve the staff' s recommendation of approval with
conditions for the Benson Highlands final plat and to authorize
the Mayor to sign the final plat mylar.
DISCUSSION:
ACTION: —
Council Agenda
Item No. 4A
CITY OF J Q��J��f
Jim White, Mayor
Planning Department (206) 859-3390/FAX (206) 850-2544
James P. Harris, Planning Director
MEMORANDUM
March 3, 1998
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: BENSON HIGHLANDS FINAL PLAT 4FSU-95-10
On February 22, 1996,the Kent Hearing Examiner recommended approval of the Benson Highlands
Preliminary Plat,a 13-lot single-family residential plat. The Kent City Council approved the Benson
Highlands Preliminary Plat on April 2, 1996. The property is located north of SE 244th Street at
I I2th Place SE.
Staff recommends the City Council approve the Bensn Highlands Final Plat No. FSU-95-10 with
the conditions as approved on April 2, 1996 and direct the Mavor to sign the final plat mylar.
JPH/mp:u:fsu9510.fp
Enclosure
cc: Fred N. Satterstrom, Planning Manager
' 041h %�EMA S01IH KLST.R %SHINGTO%anW T111 PHON12: _53 illu
BENSON HIGHLANDS
#SU-95-10
ON FEBRUARY 22, 1996, THE CITY OF KENT HEARING EXAMINER RECOMMENDED
APPROVAL OF THE BENSON HIGHLANDS PRELIMIINARY PLAT WITH THE FOLLOWING
CONDITIONS.
KENT CITY COUNCIL
APPROVED THE
HEARING EXAMINER'S RECOMMENDATION
ON APRIL 2, 1996.
A. PRIOR TO RECORDATION OF THE BENSON HIGHLANDS SUBDIVISION:
1. The subdivider/developer shall implement all mitigation measures required by any
Determination of Non-Significance for the SEPA checklist for the 'BENSON
HIGHLANDS' Subdivision. See DNS issued for#ENV-95-20.
2. The subdivider/ developer shall execute an environmental mitigation agreement to
participate in,and pay a fair share of the construction costs of the City's South 272nd/
277th Street Corridor Project. The minimum benefit to the subdivider/ developer is
estimated at$13,884 based upon 13 PM peak hour trips and the capacity of the South
272nd/ 277th Street Corridor. The final benefit value will be based on the number
of lots approved on the final plat map multiplied times $1068 ( in 1986 dollars ) and
as adjusted for inflation.
3. The subdivider/ developer shall provide engineering drawings for review and
approval by the City, and either construct or bond for the following:
a) A gravity sanitary sewer system to serve all lots. The sewer system shall be
extended to Southeast 244th Street and along the entire plat frontage thereon.
and shall be sized to serve all off-site properties within the same service area.
b) A water system meeting domestic and fire flow requirements for all lots. The
system shall be looped to connect the water main on 112th Avenue Southeast
with the Southeast 244th Street water main.
c) A 32-foot wide paved roadwav; concrete curbs and gutters; five foot wide
concrete sidewalks along both sides of the plat street; street lighting;
landscaping; drainage facilities; street channelization; utilities and
appurtenances, and cul-de-sac turnaround on the plat street, per City
i
Conditions of Approval
Benson Highlands
#SU-95-10
Standards. This shall include a minimum 49-foot right-of-way along the
roadway and a minimum 51.5-foot (at right-of-way line -- 45-foot at curb
line) radius in the cul-de-sac turnaround, 25-foot radius curb returns, with
five 5 foot wide concrete sidewalks and three 3 foot wide utility strips,
35-foot radius curb returns with five-foot wide concrete sidewalks, at the
intersection of the plat street and Southeast 244th Street.
d) A half street widening/ improvement of Southeast 244th Street across the
entire subdivision frontage to City Standards for a Residential Collector
roadway, including in front of the existing two homes on Southeast 244th
Street. The paved half-street roadway width shall be 18 feet, and shall also
include street lighting; sidewalks; drainage facilities; street channelization;
utilities and appurtenances. NOTE: This is a change from the SEPA
conditions, since SE 244th Street was not designated as a bicycle route in
the City's Comprehensive Transportation Plan.
These improvements shall also include sufficient pavement to provide a
12-foot wide eastbound lane on the southerly side of the roadway centerline,
across the entire frontage of the subdivision; and necessary pavement
transitions to the existing pavement to the east and west of the subdivision.
In addition, the subdivider/ developer shall install "No Parking" signs across
the entire subdivision frontage on Southeast 244th Street.
Finally, these improvements shall include a overlay of the existing roadway
pavement, as necessary, to provide a 2% crown across the pavement; and, as
necessary to meet City Standards for roadway pavement section for a
Residential Collector roadway.
e) A minimum 6-foot wide gravel walkway along the northerly side of SE 244th
Street; between the westerly subdivision boundary and 109th Place SE.
f) A six foot wide paved walkway with graded gravel shoulders and with an
approved crossing over Garrison Creek, connecting Road 'A' with I I2th Ave
Southeast.
2
Conditions of Approval
Benson Highlands
#SU-95-10
4. The subdivider/developer shall grant a ten-foot wide easement for public pedestrian
access across the westerly side of the panhandle of Lot 10, and across Tract'A', to
provide for public access from Road 'A' to 112th Ave SE
The subdivider/developer shall execute a signal participation covenant for the future
installation of a traffic signalization system at the intersection of Southeast 244th
Street and 104th Avenue Southeast.
5. The approved and preserved, and/or enhanced or created wetland(s) and its (their)
buffer(s) shall be permanently protected as a separate sensitive area tract in
accordance with the Kent Wetland Management Code. This tract shall be consistent
with the wetland map contained within the Wetland Delineation Report and/ or
Wetland mitigation plan, as appropriate. The buffer areas shall be isolated from
intrusion and/or disturbance using landscaping, or other appropriate screens, as well
as an approved fence. The fifty foot wetland buffer (NGPE) shall be included in
Tract A and shown as such on the plat mylar.
6. Before, during, and after construction, fences and signs approved by the Department
of Public Works shall be placed at the wetland buffer edge to protect the wetlands
and their buffers, and to inform and educate the owners and the public about the
value of wetlands.
7. A wetland mitigation bond shall be deposited by the subdivider/ developer with the
City, prior to any work within the wetland area. The amount of this mitigation bond
shall be 125% of the approved estimated cost for the construction, and maintenance
for three years, plus an additional 10% of the total cost to cover inflation and
administrative review.
8. A fifteen foot wide building setback line should be shown for each applicable lot as
determined by the Public Works Director. Fill slopes in this setback shall not exceed
3:1
9. Upper Garrison Creek, which flows through this subdivision, is a significant
waterway within the City of Kent, and requires a 50 foot-wide buffer for any
impervious surfaces. The City of Kent has recently let a contract for the Upper
Garrison Creek Conveyance, Phase Two project, which includes plans for an
improvement adjacent to, and downstream, of this subdivision. This subdivision
3
Conditions of Approval
Benson Highlands
#SU-95-10
shall be designed/redesigned as necessary, to be consistent with these conveyance
plans, and shall meet the following criteria:
a) The subdivider/developer shall dedicate a five(5)-foot wide permanent utility
easement along the northerly side of the subdivision, beginning at the
easterly right-of-way line of 112th Avenue Southeast, and proceeding
westerly to the westerly subdivision boundary.
b) The subdivider/developer shall reconstruct the existing Upper Garrison Creek
channel in accordance with the City's conveyance plans,between the easterly
right-of-way line for 112th Avenue Southeast and the westerly subdivision
boundary.
c) The proposed channel bottom for the creek bed is very close to the top of
pipe for the proposed sanitary sewer crossing. This potential conflict will
require that the subdivider/ developer install at least one section of ductile
iron sewer pipe centered along the channel, and require that the proposed
sanitary sewer crossing be provided with a minimum one foot of vertical
cover under the bottom of the channel.
d) Similarly,any crossing of the Garrison Creek channel by any water main will
require a minimum of a three (3) foot deep cover where it passes under
Garrison Creek.
e) The channel for Upper Garrison Creek shall not be routed through a culvert
pipe.
t) The pond access road and trail shall be relocated outside the wetland and
placed between Lots 10 and 11. A 12 foot wide gravel path to the detention
pond inlet area and to any appurtenant, maintainable structures will be
sufficient.
9. The subdivider/developer shall provide a survey of the existing channel for Upper
Garrison Creek by a licensed land surveyor. The existing creek shall be plotted on
the final plat map, as shall be a permanent 50-foot wide sensitive area easement to
be provided along each side of the creek, where it passes through this subdivision.
4
Conditions of Approval
Benson Highlands
#SU-95-10
10. A Tract B shall be created for the public stormwater detention/infiltration and
treatment system. Only conveyance and biofiltration facilities are to be permitted
within the existing and accepted wetland buffers. New conveyance facilities,
detention and treatment ponds will not be permitted within the existing wetlands or
wetland buffer areas.
11. The subdivider/developer shall execute a Declaration of Stormwater Facility
Maintenance Covenant prepared by the City's Public Works Department -- Property
Management Section, prior to the issuance of any development permit.
12. Lots 7, 8, 9, 10, and Tract B shall required a wooden rail fence along the wetland
buffer edge. a minimum of two sensitive area/wetland signs per lot shall be installed
or attached to the fence.
1'. To mitigate for potential impacts to stormwater runoff quantity, the developer shall
construct an above-ground on-site detention system in accordance with Kent
Construction Standards for"Hill" development. Since this subdivision will discharge
directly into Upper Garrison Creek a major waterway within the City of Kent, the
following stormwater requirements for this subdivision are more restrictive than
would otherwise be required by the Kent Construction Standards.
a) An infiltration system is the preferred detention/ retention alternative, and
shall be required unless proven infeasible by the developer's Engineer.
b) Should infiltration prove infeasible for retention/ detention, the new storm
drainage detention system shall be an open detention pond.
c) Roof downspouts shall be directed to infiltration areas or trenches to allow
water to infiltrate into the ground and recharge the wetland. Stub-outs will
be provided for directing overflow into an approved conveyance system.
14. To mitigate for the potential impacts to stormwater quality, the developer shall
construct an above-ground stormwater treatment system in accordance with Kent
Construction Standards. Because this development will discharges directly into
Upper Garrison Creek, stormwater treatment for this development is restricted to the
following options in order of preference: infiltration after pretreatment(preferred),
wetpond, constructed wetland, biofrltration swale, or any combination of the
preceding options acceptable to the Public Works Department.
5
Conditions of Approval
Benson Highlands
#SU-95-10
15. A five foot wide drainage easement shall be conveyed to the City for the Garrison
Creek conveyance channel in the northwest comer. Channel improvements, as
designed by the Kent Public Works Department, shall be constructed by the
applicant/developer.
16. The developer shall submit detailed Grading and Temporary Erosion and
Sedimentation Control Plans to the City Public Works Department for review and
approval prior to any on-site work. Design of temporary erosion controls shall be in
accordance with Kent Construction Standards.
17. To prevent or minimize water pollution after construction, the site design shall
incorporate Best Management Practices, or BMPs, wherever practicable. BPMs are
specific structures or actions intended to prevent pollution at the source. Examples
of BMPs include storm drain stenciling, covered storage areas, periodic sweeping of
materials off of pavement surfaces before they can wash down into the storm drain,
and trash bins with impervious lids.
18. Dedicate five percent(5%) of the total plat area being developed as open space park
land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975.
B. PRIOR TO ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT IN THE
BENSON HIGHLANDS SUBDIVISION:
1. The subdivider/developer shall construct the improvements noted in Section A.
above.
2. A tree plan for the general site, for the roadway, and for all individual lots showing
all trees six inches in diameter or greater, and their relationship to any proposed
structure, must be approved by the Kent Planning Department prior to approval and
construction of the final roadway design and prior to the issuance of a development
permit for any lot. No trees of six inch caliper or greater shall be removed from any
lot except to a tree plan approved by the Kent Planning Department.
6
BENSON HIGHLANDS
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S.E. 244 th STREET x
Kent City Council Meeting
Date March 3 . 1998
Category other Business
1. SUBJECT: NANCY' S GROVE FINAL PLAT FSU-96-10
2 . SUMMARY STATEMENT: An application for the Nancy's Grove
Division III final plat has been received by the City. The
subdivision is 10. 83 acres in size and is located east of 144th
Avenue SE and south of SE 278th Street. Nancy' s Grove Division
III was approved by King County under Ordinance No. 11462 on
August 29 , 1994 .
3 . EXHIBITS: Staff memo, map, and King County Ordinance No. 11462
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember II .� Fti, moves, Councilmember seconds
to approve the staff' s recommendation of approval for the
Nancy' s Grove Division III final plat with 20 conditions and to
authorize the Mayor to sign the final plat myler.
DISCUSSION• —
s
ACTION'
Council Agenda
Item No. 4B
CITY OF
J
Jim White, Mayor
'fi'T'u^.7".P�
Plannmg epartment (206) 859-3390/FAX (206) 850-2544
James P. Harris, Planning Director
MEMORANDUM
March 3. 1998
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: NANCY'S GROVE DIVISION III 4FSU-96-10
On August 10, 1994, the King County Hearing Examiner recommended approval of the Nancv s
Grove Division III (aka NANCY'S GROVE DIVISION II) Preliminary Plat (File No. L93P0004),
a 34-lot single family residential plat. Upon annexation to the City of Kent, the preliminary plat
came under the Kent's jurisdiction. The property is located east of 144th Avenue SE and south of
SE 278th st
Staff recommends the City Council approve the Nancy's Grove Division III final plat 4FSU-96-10
according to the conditions referenced in the King County Hearing Examiner's report File No.
L93P0004.
JPH/cw:u:fsu9610.fp
Enclosure
cc: Fred N. Satterstrom, Planning Manager
`_0-IhAV'EN'l I1 01'TII NEXT_A% \SIfl,6TO\' '1
Jv O
NANCY'S GROVE DIVISION III
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CITY OF KENT. KING COUNTY, WASHINGTON ,ram OWL ,af..
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BCOT
CITY OF ZC N�
Jim White, Mayor
QQrsf
m 206) 859-3390/FAX (206) 850-2544Plan
James P. Harris, Planning Director
MEMORANDUM
March '), 1998
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: NANCY'S GROVE DIVISION III #FSU-96-10
On August 10, 1994. the King County Hearing Examiner recommended approval of the Nancy's
Grove Division III (aka NANCY'S GROVE DIVISION II) Preliminary Plat (File No. L93P0004),
a 34-lot single family residential plat. Upon annexation to the City of Kent, the preliminary plat
came under the Kent's jurisdiction. The property is located east of 144th Avenue SE and south of
SE 278th st
Staff recommends the City Council approve the Nancy's Grove Division III final plat #FSU-96-10
according to the conditions referenced in the King County Hearing Examiner's report File No.
L93P0004.
JPH/cw:u:fsu9610.fp
Enclosure
cc: Fred N. Satterstrom, Planning Manager
^_11-1<h vVI:N1 L' SOI'TII KEN'i,yv:ySHIN(VTON asn _-:���c. II LI'NHON1 ;'_.i'i S'9-,1n1)
Introduced by X9n i 2U on
1 August 25, 1994 proposed No. g4_3-42 --
1 2 ord94.88
3
4
5 iiu2
5 ORDINANCE No. .
7
8
9
, 10 AN ORDINANCE concurring with the recommendation Of
-
11 the Zoning and Subdivision Examiners topn� e?
subject to conditions (modified) , ted band
13 plat of HANCY'S G$AVS DI�tIBION .2, designs
14 Use Services Division File No. L93P0004
15
15 CIL OF KING COUNTY:
17 BE IT OgDAINED BY THE COUNCIL
18. This ordinance does hereby adopt*and incorporate here7_n as
19
20 its findings and conclusions the findings and conclusions
21 contained in the report of the zoning and subdivision examiner
22 dated August 10, 1994, which was filed with the clerk of the .
23 council on August 25, 1994, to approve, subject to conditions
24 (modified) the preliminary plat of NancY's Grove Division 2,
25 designated land use services division file no. L93P0004, and
28 the council does hereby adopt as its action the
27 recommendation(s) contained in said report-
28 INTRODUCED AND READ for the first-time this 3 day of
29 19 41
30 P? SED by a vot�Qt
thl. a of G_►
31 19 -
32 KI:FG CONTY
COUNCIL
KI2JG COUNTY, WASHINGTCH
33
34
35
3
37 p
s l
38 Chair
39
40
41
42 ATTEST:
43 /
a 5 ,�,�--�-��,1,t -- , RECEIVED
46 ~' Clerk of the Council
47 - - NOV 0 1 19�6
48
CRY OF KENT
PLANNING DEPARTME.
I10
August 10, 1994
ESM DISTRIBUTION
OFFICE OF THE ZONING AND SUBDIVISION EXAMINER
BI.LS__DO
r KING COUNTY WASHINGTQ - B,�I_FB
700 Central Building i LTV._dC--
810 Third Avenue IIAc_su
AM ACCT-
19:t Seattle, Washington 98104 W _CBC_
Ca
CIBCLAATE—
L ;(V] LI OT}IER:
FILE:
REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL.
SUBJFET: Department of Development and Environmental Services
File No. L9_3P0004
m
Proposed Plat of NANCY'S GROVE DIVISION 2
Located generally between 144th Avenue Southeast and
148th Avenue Southeast (if extended) and generally
between Southeast 278th Street and Southeast 2BOth
Avenue (if extended)
SLTMMMY OF RECOMMENDATIONS:
Division's Preliminary: Approve, subject to conditions
Division's Final: Approve, subject to conditions
(modified)
Examiner: Approve, subject to ronditions
(modified)
PRELIMINARY REPS:
The Land Use Services Division's Preliminary Report on Item
No. L93P0004 was received by the Examiner on May 12, 1994.
PUBLIC HEARING•
After reviewing the Land Use Services 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. L93P0004 was opened by the Examiner at
9:18 a.m. , July 26, 1994, in Hearing Room No. 2, Department of
Development and Environmental Services, 3600 - 136th Place S.E. ,
Suite A, Bellevue, Washington, and closed at 10:25 a.m.
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 ,natter, the Examiner now makes and enters the
following:
FINDINGS•
1. Stafford Construction, Inc. , (the Applicant) proposes to
subdivide an 18.34 acre parcel into 79 single family
residential building lots. Using the lot averaging
provisions contained in KCC 21.08.080, the Applicant
proposes lot sizes which range from approximately 44,000 to
16,000 square feet.
The property is located in the Soos Creek Community Planning,
area on 144th Avenue Southeast, south from Lake Meridian and
northwest from SR 18. The property is classified SR 7,200-
P. The "p suffix" designation requires administrative site
plan approval prior to final development. The Socs Creek
1
Nancy's Grove, Division 2 - L93P0003 Page - 2
Community Plan establishes several criteria or conditions to
be satisfied by that site plan approval, including:
clearing and grading limits, seasonal clearing and grading
restrictions, significant tree retention, street tree
planting, street design consistent with 1987 King County
Road Standards and provision for pedestrian circulation.
2. General Information:
STR, 35-22-5
Location: Located generally between 144th
Avenue Southeast and 148th Avenue
Southeast (if extended) and
generally between Southeast 278th
Street and Southeast 280th Avenue
(if extended)
Zoning: SR 7200-P
Acreage: 18.34
Number of Lots: 79 (Revised)
Typical Lot Size: Ranges from 4,400 to 16,700 square
feet
Proposed Use: Detached single-family residences
Sewage Disposal: Soos Creek Sewer District
Water Supply: King County Water District 4111
Fire District: #37 - Kent
School District: #415 - Kent
Date of Application: September 9, 1993
3. No environmental impact statement is required. On June 28,
1994, the King County Environmental Division issued a
mitigated threshold determination of nonsignificance (MDNS)
for this proposed development. The MDNS requires a
condition intended to protect a red-tailed hawk nesting site
pursuant to King County Comprehensive Plan Policy (and
substantive SEPA policy) E-303. That condition is
incorporated as recommended Condition No. 20 in the
preliminary report to the Zoning and Subdivision Examiner
dated July 26, 1994, prepared by the Land Use Services
Division (the "Division") . No party of agency appealed that
threshold determination. The appeal period expired July 13,
1994.
4. The Division recommends granting preliminary approval to the
proposed plat, subject to 21 conditions of final plat
approval. Twenty of those conditions are set forth in
Division's July 26, 1994, report to the Examiner (Exhibit
No. 2) . Two additional conditions are contained in Exhibit
No. 12. The Division's final recommendation is the same as
that shown on pages 8 through 14 of the Division's
preliminary report (Exhibit No. 2) except for the following
modifications and additions:
A. Street tree spacing; recommended Condition No. 19.A.
The Division's initial report recommends requiring a
street tree to be planted "every 30 feet along both
sides of residential access streets within the
development." At the Applicant's ieques::, the Division
now agrees that street tree planting may average 30
feet along both sides of residential access streets.
B. Clearing and grading restrictions; recommended
Condition No. 19.J. Recommended Condition No. 19.J
lists ten exceptions to the October through March
grading and clearing prohibition. As written in the
Division's preliminary report (Exhibit No. 2) , however,
it was not clear that these were exemptions. The
Division's revised final recommendation makes it clear
that those ten circumstances warrant exemption from the
seasonal clearing and grading prohibition.
Nancy's Grove, Division 2 - L93P0003 Page - 3
C. Significant tree retention recommPTdPd c�Tdition No.
19.K. With Exhibit No. 12, the Division recommends an
additional condition which would require the Applicant
to demonstrate compliance with the Soos Creek Community
Plan "P-Suffix" site plan review requirements regarding
significant tree retention. The demonstration of
compliance is recommended to be required at the time of
engineering plan approval.
D. WSDOT pro rata traffic impact contribution• recommended
Condition No. 21. With Exhibit No. 12, the Division
recommends an additional condition which would require
the Applicant to contribute a per lot pro-rata share
toward the cost of a traffic signal at the Kent-Kangley
Highway/144th Avenue Southeast intersection. In the
alternative, the Applicant could delay final plat
approval until the Washington State Department of
Transportation (WSDOT) has awarded a contract for
signalization of that intersection.
KCC 21.49.070.E requires the pro rata amount to be paid
by the Applicant to be determined at the time of
preliminary plat approval. However, that information
has not been received from WSDOT. The Applicant waives
its right to that information.
E. Seasonal protective buffer for red-tailed hawk nest;
recommended condition No 20. This condition is
intended to replicate the July 28, 1994, MDNS, but
contains a typographical error. In the next to the
last line, recommended Condition No. 20 as shown on
page 20 of the Division's preliminary report (Exhibit
No. 2) erroneously refers to the red-tailed hawk nest
seasonal protective buffer as a 25-foot buffer." In
fact, the MDNS requires, and recommended Condition No.
20 properly should require, a 11250 foot buffer."
5. The Applicant accepts the Division's recommendation as
described in Finding No. 4, above, except that the Applicant
opposes the recommendation to require wetland Tract A
ownership and maintenance to be assigned to a homeowners'
association as recommended by the Division. See recommended
Condition No. 18. The Applicant does not want to establish
a homeowners' association/corporation. Instead, the
Applicant would prefer to transfer wetland ownership to King
County or to transfer wetland Tract A ownership to the joint
undivided ownership of all subdivision property owners (or,
at least, all subdivision property owners which abut wetland
Tract A) . The following findings are relevant:
A. KCC 21.54.110.A establishes sensitive area tract
ownership standards. It states (in part) :
Any required sensitive area tract shall
either be held in an undivided interest by
each owner of a building lot within the
development, and this ownership interest
shall pass with the ownership of the lot or
shall be held by an incorporated homeowner's
association or other legal entity which
assures the ownership and protection of the
tract.
B. Wetland Tract A comprises approximately 1.46 acres and
abuts proposed lot Nos. 56, 57, 59 through 61, 65
through 69, access Tract B, proposed King County
stormwater control facility Tract E, and (proposed)
minor access street 145th Place Southeast.
Nancy's Grove, Division 2 - L93P0003 Page - 4
C. The Applicant argues that a homeowners' association
probably will become inactive or disincorporate in the
longterm, thereby leaving the wetland sensitive areas
tract without any ownership/maintenance entity. The
Applicant argues that the likelihood of that longterm
outcome is increased by the fact that the recommended
homeowners' association would have such a limited
purpose.
D. The Division expresses concern that, without a vested
neighborhood ownership interest, maintenance of the
wetland tract will be ignored. The result would be a
longterm accumulation of debris, litter, yard waste,
and other household throw-aways.
E. The Applicant states that the Class 2 wetland located
within Tract A is manmade, created by the Applicant
several years ago in response to a drainage problem
created by a neighboring property owner. Considering
this history, the Applicant suggests that wetland Tract
A should be considered an ancillary or auxiliary
drainage control feature associated with stormwater
control facility Tract E which abuts the west boundary
of proposed Tract A.
KCC 21.54, which establishes (among other things)
wetland identification standards, makes no exception
from its regulatory requirements for manmade wetlands.
The history of the wetland is less important than
whether the wetland meets the hydric soils, vegetative
community and hydrology wetland criteria established by
the Federal Wetland Delineation Manual.
F. Although the Applicant would prefer King County Surface
Water Management Division ownership and maintenance of
proposed wetland Tract A, the Applicant has not
contacted the Surface Water Management Division
regarding that idea.
6. No party or agency opposes or expresses concern regarding
the proposed development.
7. In addition to the amended final recommendation described in
Finding No. 4, above, the Division makes the following
additional amendments to its April 26, 1994, preliminary
report to the Examiner:
A. Page 7 paragraph 2 A. The reference to clearing and
grading should identify recommended Condition No. 19.I
not recommended Condition No. 19.J.
B. Page 7 recommended Condition No. 2.B. The reference
to the seasonal clearing and grading restriction should
identify recommended Condition Nos. 8.0 and 19.J, not
recommended Condition Nos. 8.0 and 20.
C. Page 7. recommended Condition No. 2.D. The street tree
planting standard is contained in recommended Condition
No. 19, not recommended Condition No. 20.
D. Page 4 Section G Neighborhood Characteristics. The
second paragraph of Section G, Neighborhood
Characteristics, indicates that one existing home on
proposed Lot No. 79 will be retained. In addition,
however, the Applicant now also proposes to retain an
existing residence located within proposed Lot No. 53.
B. Except as noted above, the facts and analysis contained in
the Land Use Services Division Preliminary Report dated July
26, 1994 (published May 12, 1994) are correct and are
incorporated here by reference. A copy of the Land Use
Services Division report will be attached to those copies of
Nancy's Grove, Division 2 - L93P0003
Page - 5
the examiner's report which are submitted to the King County
Council.
CONCLUSIONS:
1. The Applicant is correct regarding the potential for the
homeowners' association to atro h , undivided
disincorporate in the long term. For this reason,
joint ownership should be considered superior to homeowners'
association ownership. Nonetheless, King County routinely
and ordinarily prefers homeowners' association ownership.
The association, if it is viable, provides a better vehicle
to assure actual maintenance of the sensitive areas tract.
It is highly unlikely that the Surface Water Management Division would accept ownership of Tract A. Tract E appears
sufficient to satisfy the relevant storawater
control
asked
facility requirements. Because the Applicant o
the Surface Water Management Division about whether it would
like to own Tract A, the hearing record is unclear whether
the Surface Water Management Division would considertsuch a
request to be reasonable. It does appear, however,
this ownership option is conceptually consistent with
hlthe
KCC 21.54.110.A provision for ownership by
an "other egal
entity".
Regardless of ownership, the maintenance responsibility must
be clear and clearly placed. Considering this necessity,
together with the options considered above, recommended
Condition No. 18 should be modified as indicated in the
Examiner's recommendation which follows below.
2. If approved subject to the conditions recommended below, the
proposed subdivision will comply with the goals and
the Soos
objectives of the King County Comprehensive Plan,
other official Creek Yland nuse ucontrols nand dpolicies Zcning Cofe King
nd
County.
3. If approved subject to the conditions recommended below,
this proposed subdivision will make appropriate provision
for the public health, safety and general welfare and for
open spaces, for drainage ways, streets, other public ways,
transit stops, potable water supply, sanitary wastes, parks
and recreations, playgrounds, schools and school grounds,
and safe walking conditions for students who only walk to
school; and it will serve the public use and interest.
4. The conditions for final plat approval recommended below are
in the public interest and are reasonable requirements to
mitigate the impacts of this development upon the
environment.
5. The dedications of land or easements within and adjacent to
the proposed plat, as recommended by the conditions for
final Qlat approval or as shown on the proposed preliminary
plat submitted by the applicant, are reasonably necessary as
a direct result of the development of this proposed plat.
RECOMMENDATION:
GRANT preliminary approval to the proposed plat of Nancy's Grove
Division 2, Department of Development and Environmental Services
File No. L93P0004, as described by Exhibit No. 7 (preliminary
plat drawing received by King County Land Use Services Division
June 8, 1994) , subject to the 20 recommended conditions of final
plat approval set forth on pages 8 through 14 of the Land Use
Services Division's preliminary report to the Zoning and
Subdivision Examiner dated July 26, 1994 (Exhibit No. 2) , EXCEPT
for the following modifications and additions:
Nancy's Grove, Division 2 - L93P0003 Page - 6
A. RECOMMENDED CONDITION NO 18. :
Tract A ownership may be established in of the following
ways:
1. Homeowners' association;
2. King County Surface Management Division (only if that
agency accepts ownership) ;
3. Any other legal entity in which is a workable
organization acceptable to DDES; or,
4. Joint undivided ownership shared among all lot owners
within Nancy's Grove Division No. 2.
If ownership of Tract A is accepted by King County Surface
Water Management Division, then that agency shall also be
clearly charged with responsibility for maintaining Tract A.
If any of the other ownership methods are implemented, then
a homeowners' association shall be established in a manner
satisfactory to DDES in order to assure continued
maintenance of the tract. See also Condition No. 19.k.
B. RECOMMENDED CONDITION NO. 19.J. :
J . Clearing and grading shall not be permitted between
October and March. All bare ground must be fully
covered or revegetated between these dates. The
following activities are exempt from seasonal clearing
and grading prohibition (Soos Creek Community Plan) :
a) Emergencies that threaten the public health,
safety, and welfare
b) Routine maintenance of public agency facilities
c) Routing maintenance of existing utility structures
as provided in the Sensitive Areas Ordinance, KCC
21.54.030(D)
d) Clearing or grading where there is 100%
infiltration of the surface water runoff within
the site in approved and installed constructed-
related drainage facilities
e) Clearing or grading where all state water quality
standards are met, including turbidity. SWM shall
develop and administrative process before such
exemptions are allowed
f) Landscaping of single-family residences
g) Class II and III forest practices
h) Quarrying or mining within sties with approved
permits
i) Clearing or grading for utility hookups on
approved residential and commercial building
permits
j) Completion of any final clearing/grading work for
construction activities which meet all applicable
permit conditions and best management practices
for a period of time (not to emceed two weeks) in
the month of November if dry weather conditions
are present.
C. RECOMMENDED CONDITION NO. 20:
The following have been established by SEPA as necessary
requirements of this development as mitigation. The
Applicant shall demonstrate compliance with these items
prior to final approval.
The location of the tree containing the red-tailed hawk nest
on-site shall be surveyed and shown on the engineering plans
for the plat. If the Applicant proposes any clearing,
grading, or construction on the site between April 1st and
July 31st (nesting season) , DDES staff must confirm, prior
to the Applicant's beginning those activities, that the red-
Nancy's Grove, Division 2 - L93P0003 Page - 7
tailed hawk nest found on-site is not an active nest. If
the nest is found to be active during these months, the
Applicant may proceed with clearing, grading, and
construction on-site except that the Applicant must maintain
250-foot undisturbed buffer around the nest between April
1st and July 31st. If no activity is observed at the nest
during nesting season, subdivision activities may proceed
without the 250-foot buffer. (King County Comprehensive
Plan Policy E-303)
D. RECOMMENDED CONDITION NO 19 k:
Prior to engineering plan approval, the Applicant shall
demonstrate compliance with the P-suffix site plan
approval condition regarding significant tree retention
contained in the Soos Creek Community Plan at pages 152
through 155.
E. RECOMMENDED CONDITION NO, 21:
To mitigate this subdivision's direct impact on the
Kent-Kangley Highway/144th Avenue Southeast
intersection, the Applicant shall implement one of the
following options:
a. Pay a pro rata share per lot toward the cost of a
traffic signal at the Kent-Kangley/144th Avenue
Southeast intersection. The amount of the pro
rata mitigation payment shall be determined by the
Washington State Department of Transportation.
b. Or, in the alternative, delay final plat approval
until the Washington State Department of
Transportation has awarded a contract for
signalization of the Kent-Kangley/144th Avenue
Southeast intersection.
ORDERED his loth day of July, 1 94.
U�11�
�Y-0 nC1
R. S. Tit yy , Deputy
Zoning a ubdivision Examiner
TRANSMITTED this loth day of July, 1994, to the following parties
of record:
Kathy Derrick Larry Reichert
Loran Petersen Lisa Read
Lozier Homes Gwen Escher
Brien Stafford
TRANSMITTED this loth day of July, 1994, to the following:
Kim Claussen, LUSD
Peter Dye, LUSD
Lisa Lee, LUSD
Steven C. Townsend, LUSD
Larry West, LUSD
Jon Hansen, LUSD
Rich Hudson, Environmental Division
Paulette Norman, Public Works - Roads
New Construction Services
King Conservation District
Nancy's Grove, Division 2 - L93P0003 Page - 8
Vaughan Norris, Ring County Council
Peter Reitenbach, Community Planning
Trudy Satterlee, LUSD
NOTICE OF
RIGHT TO APPEAL AND ADDITIONAL ACTION REQUIRED
In order to appeal the recommendation of the Examiner, written
notice of appeal must be filed with the Clerk of the Ring County
Council with a fee of $125.00 (check payable to Ring County
Office of Finance) on or before August 24 1994. If a notice of
appeal is filed, the original and 6 copies of a written appeal
statement specifying the basis for the appeal and argument in
support of the appeal must be filed with the Clerk of the Ring
County Council on or before August 31 1994. Appeal statements
may refer only to facts contained in the hearing record; new
facts may not be presented on appeal.
Filing requires actual delivery to the Office of the Clerk of the
Council, Room 403, King County Courthouse, prior to the close of
business (4:30 p.m.) on the date due. Prior mailing is not
sufficient if actual receipt by the Clerk does not occur within
the applicable time period. The Examiner does not have authority
to extend the time period unless the Office of the Clerk is not
open on the specified closing date, in which event delivery prior
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 within
14 days calendar days of the date of this report, or if a written
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 of the next available Council
meeting. At that meeting, the Council may adopt the examiner's
recommendation, may defer action, may refer the matter to a
Council committee, or may remand to the Examiner for further
hearing or further consideration.
Action of the Council Final. The action of the Council approving
or adopting a recommendation of the Examiner shall be final and
conclusive unless within thirty (30) days from the date of the
action an aggrieved party or person applies for a writ of
certiorari from the Superior Court in and for the County of King,
State of Washington, for the purpose of review of the action
taken.
MINUTES OF THE JULY 26, 1994, PUBLIC HEARING ON LUSD FILE NO.
L93P0004 - NANCY'S GROVE DIVISION 2.
R. S. Titus was the Hearing Examiner in this matter.
Participating at the hearing were Kim Claussi�n,rPeter Dye, Loran
Petersen, Lisa Read and Ruth Gross.
The following exhibits were offered and entered into the hearing
record:
Exhibit No. 1 Department of Development and Environmental
Services File No. L93P0004
Exhibit No. 2 Department of Development and Environmental
Services Preliminary report, dated July 26,
1994
Exhibit No. 3 Application dated September 9, 1993
Exhibit No. 4 Environmental Checklist dated September 9, 1993
Exhibit No. 5 Mitigated Declaration of Non-significant dated
June 28, 1994
Nancy's Grove, Division 2 - L93P0003 Page - 9
ing June
Exhibit No. 6 asfdateiofopostingnandnJulyt1, 1994, as, 1994,
date
the affidavit was received by the Department of
Development and Environmental Services
Exhibit No. 7 Revised plat dated June 8, 1994
Exhibit No. 8 Land use map 661E and 662W
Exhibit No. 9 Assessors maps NE/SE 34-22-5; NW/SW 35-22-5
Exhibit No. 10 SWM variance - File No. L94VO013
Exhibit No. 11 P-suffix - pages 152-153 Soos Creek Community
Plan
Exhibit No. 12 Proposed Conditions 19.k and 21
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➢clkwc, �Lhuvw �. .W - �'_;PRELIMINARY -_P
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OCT 11 1993
DATE: Q('f(16Pr I79� FINANCE
DLEPAfITMENT
TO: ant- School District, C5Chcr
FM: ! t'sn d1a IL f Mar)ri
RE: Proposed Plat of N2(1rvrS (5muff u
DOES File No: L g V a T
-he Land Uce Services D:v:o;on hay received an apol:cation for a cubd:v:s:on in
your Dicc_!cc. Enclosed is a cove of the f="c plat map received b_v the
Land Use Services Div:o:on on 5 (fit t'mhPF 9t�(IQ�
in order `or uc to adecuatelq evaluate this proposal, provide the most accurate
infocmat ion to the oubl:c, and for DOES to sery
please proe e the School Di ctr ict .better,
-de us I;t1 the `ollowino in_`ormat:on:
Which cehools do you an-ic'-pate the ctudentc ?'_ling in this cubd:vieion would
attend?
Elementa-.. Horizon Elamntary .
..- . =;C`p�;6dl., Cedar Heights Junior Hioh
Sr. :-,;ch Kent�.00d Hich School
r the c[•_Ce^tc Fall: Cr be bV GGed to the no
Eleme-ta-c Walk
Jr. r.:cn/Y.:dd'r Sussed
Sr. !::c` Sussed
if the otudento oe bunted. .,here co you an_ic:Hate the buo ctooe will be
located7 if that :a:orr..ation :o not acai lable a: thin tine, currently, where
are the Clooeot buo etopo located to th_s 0'_te7
lemen_ary N/A
Jr. u'-ch/Paddle Current bus stop is at ta4th Ave. SE R SE 275th Strut
Sr_ r._cr Current bus stoo is at Wth Ave S & SE 275th Strut
other Coenc: -o
EleTentary boundaries will be adjusted for the openino or t:o ne.r SChcols in fall of 19n1;
junior S Senior high boundary changes anticipated `cr ICK)o
r,
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The aublic hearing `o_ l•
_his s,tdiyisI,n rched_'ed `or J n(17 195,d at
:n Hearing 3oom �, ??eaoe coc.clece :hcc form and return :t .v/��t_7 ,
1993 to the address be lo. lcu have cueotionc _eta rci::q thcc propoeal, s=
please call l,fseilla LLf mLd at 246-7UZT. :Hank you veep much. ''
F
ng County Do ca rtment e: Dave le pme 7t and Env i:onmen t al Serv;cca
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NAh, S GROVE DIVISION II FILE L93P0004
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DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES
LAND USE SERVICES DIVISION
KING COUNTY, WASHIINGTON
PRELIMINARY REPORT TO THE ZONING AND SUBDIVISION EXAMINER
JULY 26, 1994 -PUBLIC HEARING AT 9:15 A.M. IN ROOM 2
3600 - 136th Place Southeast
Bellevue, WA 98006-1400
Phone: (206) 296-6640
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2 FILE NO. L93 0004
A. SUMMARY OF PROPOSED ACTION:
This is a request for a subdivision of 18.34 acres into 79 lots for
detached single-family dwellings. The lot sizes range from approx-
imately 4,400 to 16,700 square feet. See Attachment 1 for a copy
of the plat map.
B. GENERAL INFORMATION:
Owner/Developer: Stafford Construction
16016 118th Place NE
Bothell, WA 98011
Phone: (206) 488-2222
Engineer: ESM, Inc.
34004 9th Avenue S. , Bldg. A
Federal Way, WA 99003
Phone: (206) 838-6113
STR: 35-22-5
Location: Generally between 144th Avenue SE and 148th
Avenue SE (if extended) and generally between
SE 278th Street and SE 280th Avenue (if
extended)
Zoning: SR 7200-P
Acreage: 18 . 34
Number of Lots: 79 (Revised)
Typical Lot Size: Ranges from 4,400 to 16,700 square feet
Proposed Use: Detached single-family residences
Sewage Disposal: Scos Creek Sewer District
Water Supply: King County Water District #111
Fire District: 137 - Kent
School District: #415 - Kent
Application Date: September 9, 1993
C. HISTORY/BACKGROUND:
The Subdivision Technical Committee of King County has conducted an
on-site examination of the subject property and has discussed the
proposed development with the applicant to clarify technical
details of the application and to determine the compatibility of
this project with applicable King County plans and codes and other
official documents regulating this development.
As a result of preliminary discussions, the applicant presented the
Technical Committee with a revised plat on June 8, 1994 . The pri-
mary modifications provided a street extension to the adjacent
parcel to the south to provide for future development and increased
the width and depths of double-fronted lots.
SPRSUL97P0004.rp4
Suf-R,UPLAT.FMT 5/I7/9d - 1 -
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
D. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE:
Pursuant to the State Environmental Policy Act (SEPA) , RCW 43.21C,
the responsible official of the Environmental Division (ED) issued
a mitigated threshold determination of non-significance (MDNS) for
the proposed development on June 28, 1994. This determination is
based on the review of the environmental checklist and other perti-
nent documents, resulting in the conclusion that the proposal would
not cause probable significant adverse impacts on the environment
provided the following measures are complied with:
The location of the tree containing the red-tailed hawk nest
on-site shall be surveyed and shown on the engineering plans
for the plat. If the applicant proposes any clearing, grad-
ing, or construction on the site between April 1st and July
31st (nesting season) , DDES staff must confirm, prior to the
applicant's beginning those activities, that the red-tailed
hawk nest found on-site is not an active nest. If the nest is
found to be active during these months, the applicant may pro-
ceed with clearing, grading, and construction on-site except
that the applicant must maintain a 250-foot undisturbed buffer
around the nest between April 1st and July 31st. If no activ-
ity is observed at the nest during nesting season, subdivision
activities may proceed without the 250-foot buffer. (King
County Comprehensive Plan Policy E-303)
Agencies, affected tribes and the public are currently offered the
opportunity to comment on or appeal the determination for fifteen
days. After the close of the comment/appeal period, any comments
asking for a reconsideration of the threshold determination will be
reviewed and considered.
Neither the MDNS nor the specific mitigation measures were appealed
by any party, including the applicant, at the time this report was
mailed. If neither the MDNS nor the specific measures are
appealed, they will be incorporated as part of the applicant's
proposal. The appeal/comment period extends until July 13, 1994 .
In the event that an appeal is filed within the established appeal
period, the hearing on the subdivision will be rescheduled.
E. AGENCIES CONTACTED:
1. King County Natural Resources & Parks Division: The comments
from this division have been incorporated into this report.
2. King County Planning & Community Development Division:
No response.
3. King County Fire Protection Engineer: Fire protection
engineering preliminary approval has been granted.
4 . Seattle-King County Health Department: The comments from the
Health Department have been incorporated into this report.
5. Kent School District f415: See Attachment 2.
6. Soos Creek Sewer District: The comments from this district
have been incorporated into this report.
7. King County Water District fill: The comments from this
district have been incorporated into this report.
8. Washington State Department of Ecology: No response.
9. Washington State Department of Fisheries: No response.
SPRSULM0001.rq
SmFRPVPLUT.FM7 L11/94 - 2 -
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
10. Washington State Department of Natural Resources: No
response.
11. Washington State Department of Wildlife: No response.
12. Washington State Department of Transportation: Comments to be
provided at the public hearing.
13. King County Conservation District: No response.
14. METRO: No response.
F. NATURAL ENVIRONMENT:
1. Topography: The western one-half of the site slopes from the
east to the west. The slopes in this area range from 5 to 25
percent. The eastern portion of the site gradually slopes
from the west to the east at approximately 5 percent.
2. Soils: Alderwood series soils are found on this site per King
County Soil Survey, 1973.
AqB - Alderwood gravely, sandy loam; 0-6t slopes. Runoff is
slow and the erosion hazard is slight. This soil type has a
moderate limitation for low building foundations due to a
seasonally high water table, and severe limitations for septic
tank filter fields due to very slow permeability in the
substratum.
AqC - Alderwood gravely, sandy loam; 6-15% slopes. Runoff is
slow to medium and the hazard of erosion is moderate. This
soil has a moderate limitation for foundations, due to a
seasonally high water table and slope. It has a severe limi-
tation for septic tank filter fields due to very slow permea-
bility in the substratum.
3. Hydrography: A wetland report and addendum prepared by
B-twelve Associates, dated April 4, 1990, identified a Class 2
wetland located in the western 1/3 of the site and recommended
the required 50-foot buffer. Due to the constraints of the
145th Place SE road and cul-de-sac, the applicant has proposed
buffer averaging on the west side of the wetland. The DOES
wetland planner has reviewed the wetland study and the site,
and is in agreement with the wetland classification and the
buffer averaging as proposed.
The site lies within the Scos Creek sub-basin of the Green
River drainage basin.
4. Vegetation: The majority of the site is moderately wooded
with a second and third-growth mixture of coniferous and
broad-leafed trees native to the Pacific Northwest. Second-
story vegetation and groundcover consists of Northwest native
species including salal, sword fern, berry vines, and grasses.
The southern one-third of the site is primarily covered in
pasture grasses. Scattered evergreen/deciduous trees and
brush occur in limited numbers.
5. Wildlife: A wildlife study dated March 3, 1994 was prepared
by B-twelve Associates for the project site. Limited wildlife
was observed on the site.
Small birds and animals undoubtedly inhabit this site;
however, their population and species are limited due to
nearby development. Larger species may visit this site on
occasion. No endangered species are known to exist on or near
the property. However, a red-tailed hawk nest was identified
SPRSilL93Poow."
SIO.RpVPLATAWT 3/I2J94 - 3
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
in the northwest portion of the site. The site is not
actively used; however, as a condition of the MDNS, the appli-
cant is required to place a 250-foot temporary construction
buffer around the nest during the traditional nesting season
(April 1 to July 31) . This restriction may be waived if it is
determined that the nest is inactive and/or the active nesting
period has ceased]
6. Mapped Sensitive Areas: The Sensitive Areas Folio does not
identify any Class 3 (severe) hazard areas as being present on
this site.
G. NEIGHBORHOOD CHARACTERISTICS:
The property lies in a suburban-urban area approximately 2 miles
east of the City of Kent. To the north are the developed plats of
Meridian Estates, Meridian Estates No. 2, and Meridian Park Vista.
Adjoining the east boundary is the plat of Nancy's Grove (DDES File
No. S90P0033) , which consists of 35 lots ranging from 6,000 to
27,000 square feet and received preliminary approval in October
1992. To the south and west are parcels ranging from approximately
1 to 20 acres, currently zoned GR 2.5P.
The site itself is currently occupied by the residences and several
outbuildings which will be removed with the development of this
plat, with the exception of the existing home on Lot 79.�
H. SUBDIVISION DESIGN FEATURES:
1. Lot Pattern and Density: The applicant is using provisions of
the Code which allow lot size averaging and the use of road
credits when computing the allowable density. The applicant
is also utilizing KCC 21.48.270 which allows flexible lot
widths. The minimum lot width required by the SR 7200 zone is
60 feet. However, the provisions of KCC 21.48.270 allow the
width to be reduced due to sensitive areas, etc. The STC is
in support of the reduced lot widths as shown on the revision
received June 8, 1994 . (Refer to Attachment 1. )
The proposed lot and street layout is in conformance with King
County codes and policies.
2. Internal Circulation: The lots will be served by an internal
loop street which will eventually connect to Nancy's Grove
(east) . Southeast 278th Street will be designed and eventu-
ally function as a neighborhood collector when constructed to
full-width with the future development of parcels adjoining
the north boundary of the proposed subdivision.
3. Roadway Section: The roadways will be constructed to urban
standards in accordance with the 1987 King county Road
Standards.
Other Design Features: Tract "A" in the western portion of
the site will contain the Class 2 wetland and its buffer.
This tract will be designated as a sensitive area tract to
provide long-term protection of the wetland.
I. TRANSPORTATION PLANS:
1. Transportation Plans: The King County Interim Transportation
Plan indicates that 152nd Avenue (east of the site) and Kent-
Kangley Road (located north) are designated as principal
arterials.
SraSi1L93r0004.qx
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
The subject subdivision is not in conflict with this plan, nor
with the Urban Trails and King County Bicycle Plans.
2. Subdivision Access: The access to the site will be from 148th
Avenue SE and via Nancy's Grove from 152nd Avenue Southeast.
3. Traffic Generation: It is expected that approximately 790
vehicle trips per day will be generated with full development
of the proposed subdivision. This calculation includes serv-
ice vehicles (i.e. , mail delivery, garbage pick-up, school
bus) which may currently serve this neighborhood, work trips,
shopping, etc.
4. Adequacy of Arterial Roads: This proposal has been reviewed
under the criteria in King County Code 21.49 (Adequacy of
Existing Roadways and Intersections) and King County Code
27.40 (Road Mitigation and Payment System) .
a. King County Code 21.49: The existing arterial system may
accommodate the increased traffic volume generated by
this proposal. The Washington State Department of Trans-
portation is currently reviewing the traffic study pre-
pared for this development; mitigation may be required as
a result of WSDOT review.
b. King County Code 27.40: King County Code 27.40, Mitiga-
tion Payment System (MPS) , requires the payment of a
traffic impact mitigation fee (MPS fee) and an admini-
stration fee for each single family residential lot or
unit created. MPS fees are determined by the zone in
which the site is located. This site is in Zone 365 per
the MPS/Quartersection list. MPS fees may be paid at the
time of final plat recording, or deferred until building
permits are issued. The amount of the fee will be deter-
mined by the applicable fee ordinance at the time the fee
is collected.
J. PUBLIC SERVICES:
1. Schools: This proposal has been reviewed under RCW 58. 17.110
and King County ordinance 10162 (School Adequacy) .
a. School Facilities: The subject subdivision will be
served by Horizon Elementary, Cedar Heights Junior High,
and Kentwood Senior High Schools, all located within the
Kent School District. The district has indicated that
the boundaries for the elementary, junior, and senior
high schools may change in the fall of 1994 and 1996
(refer to Attachment 3 for comments) .
b. School Capacity: The Kent School Board has adopted
interim capacity figures which determine their ability to
accommodate additional students. (These capacity figures
are provided in Attachment 2) .
The figures reveal the district. has adequate capacity to
accommodate the anticipated students generated by this
proposal.
C. School Impact Fees: Ordinance 10982 requires that an
impact fee of $3,221 per lot be imposed to fund school
system improvements to serve new development within this
district. Payment of this fee will be a condition of
subdivision approval.
SPRSi/L9MO0 I.qm
Su(-RPVPLAT.FMT 7/11J4 _ 5 _
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
d. School Access: The district has indicated that the
future students from this subdivision will walk to the
elementary school and be bussed to the junior and high
schools. Walkway conditions to the elementary school
consist of sidewalks within the developed plats of
Meridian Estates, Meridian Estates No. 2, and Meridian
Park Vista. A 6-foot paved shoulder exists on the west
side of 144th Avenue, and 2 to 3-foot gravel shoulders on
the east side.
Walkway conditions to the junior and senior high school
consist of gravel shoulders 2 to 3 feet wide on the east
side of 144th Avenue SE, and a 6-foot paved shoulder
exists on the west side. Sidewalks are provided within
the developed plats of Meridian Estates, Meridian Estates
No. 2, and Meridian Park Vista. The junior and senior
high bus stop is currently located at 144th Avenue SE and
SE 275th Street.
e. School District Response: See Attachment 2 for comments
received from the school district.
2. Parks and Open Space: The nearest community park is Lake
Meridian, located approximately 1/2 mile north of the site.
3. Fire Protection: The Certificate of Water Availability from
King County Water District 1111 indicates that water is
presently available to the site in sufficient quantity to
satisfy King County Fire Flow Standards.
Prior to final recording of the plat, the water service
facilities must be reviewed and approved per King county Fire
Flow Standards.
K. UTILITIES:
1. Sewage Disposal: The applicant proposes to serve the subject
subdivision by means of a public sewer system managed by Soos
Creek Sewer District. A Certificate of Sewer Availability,
dated August 11, 1993, indicates this sewer district's capa-
bility to serve the proposed development. The Health Depart-
ment has recommended preliminary approval of this proposed
method of sewage disposal.
The Department of Development and Environmental Services
concurs with this recommendation.
2. Water Supply: The applicant proposes to serve the subject
subdivision with a public water supply and distribution system
managed by King County Water District #Ill.
A Certificate of Water Availability, dated August 11, 1993,
indicates this district's capability to serve the proposed
development. The Health Department has recommended prelimi-
nary approval of this proposed method of water supply, and the
Department of Development and Environmental Services concurs
with the Health Department's recommendation.
L. COMPREHENSIVE AND COMMUNITY PLAN:
1. Comprehensive Plan: This proposal is governed by the 1985
King County Comprehensive Plan which designates this area as
Urban. The proposed subdivision is not in conflict with the
policies of the Comprehensive Plan.
SPRSi1L97P0004.rp4
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
2. Community Plans: The subject subdivision is located in the
Soos Creek Community Planning Area, which designates the site
to be developed at a density of 1 to 8 dwelling units per
acre. The applicant is proposing a density of 4.47 units per
acre.
The following P-suffix conditions have been established for
this site by the 1991 Soos Creek Community Plan.
a. Clearing and Grading: The amount of clearing and grading
to occur on the site is limited to road and utility con-
struction nd a percentage of the individual lot based on
the lot ize. This is reflected in recommended Condition
No. 1 •7-
n-
b. Seasonal Restrictions: Clearing and grading are not
permitted between November 1 and March 31 unless activi-
ties are determined to be exempt (e.g. , landscaping of
single-family residences) .
The Soos Creek Basin and Soos Creek Community Plans have
established different seasonal restrictions for clearing
and grading. The Soos Creek Basin Plan states clearing
and grading shall not occur from October through March,
whereas the Community Plan prohibits clearing and grading
from November 1st through March 31st.
The Subdivision Technical Committee has recommended the
more restrictive limitations (October-March) of the Soos
Creek BPP sin Plan (refer to recommended Condition Nos. 8.c
and try{ . \OV
c. Significant Tree Retention: The applicant submitted a
tree survey which identifies the location, size, and
species of all significant trees on the site. The trees
within the wetland buffer will be retained within the
sensitive areas tract.
d. Street Trees: Street trees shall be provided on all
public streets created as part of or on the perimeter of
a commercial or subdivision development. Street tree
requirements are referred to in recommended Condition
No. 0. n
e. Street Design: The internal road system will be designed
consistent with the 1987 King County Road Standards.
Road extensions are provided to the east property line to
connect with the approved plat of Nancy's Grove, and
south to provide for future development of the adjoining
property.
f. Pedestrian Circulation: In new formal subdivisions,
pedestrian walkways from the interior of the plat to the
perimeter shall be provided. The internal roads which
extend to the perimeter will be constructed to urban
standards including sidewalks. In addition, if a public
school is located within , mile of the site, the develop-
ment shall provide a pedestrian connection off-site to
that facility. Horizon Elementary is located less than
mile north of the site. The Soos Creek Community Plan
allows the applicant to utilize the existing off-site
walkways (e.g. , sidewalks, gravel shoulders, crosswalks,
etc. ) .
The subject subdivision is not in conflict with the goals,
guidelines, and policies of the Soos Creek Community Plan.
Srarn.93raow.,r4
Sur-RWPUT.rld 3112t94 - 7 _
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
M. STATUTES/CODES:
If approved with the recommended conditions in this report, the
proposed development will comply with the requirements of the
County and State Platting Codes and Statutes, and the lots in the
proposed subdivision will comply with the minimum dimensional
requirements of the zone district.
N. ANALYSIS:
The Subdivision Technical Committee has not identified any
significant issues involved in the preliminary review and
recommendations of this proposal.
O. CONCLUSIONS:
The subject subdivision will comply with the goals and objectives
of the King County Comprehensive Plan and will comply with the
requirements of the Subdivision and Zoning Codes and other official
land use controls of King County, based on the conditions for final
plat approval.
P. RECOMMENDATIONS:
It is recommended that the subject subdivision, revised and
received June 8, 1994, be granted preliminary approval subject to
the following conditions of final approval:
1. Compliance with all platting provisions of Title 19 of the
King County Code.
2. All persons having an ownersh .- 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 7200-P zone classification or shall be
as shown on the face of the approved preliminary plat, which-
ever is larger. Minor revisions to the plat which do not
result in substantial changes may be approved at the discre-
tion of the Department of Development and Environmental
Services.
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 County Road
Standards established and adopted by Ordinance No. 8041.
6. The applicant must obtain the approval of the King County Fire
Protection Engineer for the adequacy of the fire hydrant,
water main, and fire flow standards of Chapter 17.08 of the
King County Code. If all lots are 35,000 square feet in size
or more, they are exempt per KCC 17 .08.030.
7. 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 and/or location of lots as shown on the preliminary
approved plat. The following conditions represent portions of
the Code and requirements and shall apply to all plats.
SPMUL93r0004.rp(
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
a. Drainage plans and analysis shall comply with the 1990
King County Surface Water Design Manual. DDES approval
of the drainage and roadway plans is required prior to
any construction.
b. Current standard plan notes and ESC notes, as established
by DDES 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 construction drawings I
on file with DDES 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."
8. The following conditions specifically address drainage issues
for this plat: Preliminary review has identified the follow-
ing Core and Special Requirements in the SWM Drainage Manual
which are important for the design of this project and shall
be addressed by the applicant's engineer. All other appli-
cable requirements in the SWM Manual shall also be addressed
in the design of drainage plans:
a. Core Requirement No. 1 - The applicant has received
conditional approval for the requested variance regarding
diversion of surface water flows (See File No. L94V0013) .
The requirements addressing this issue shall be accom-
plished prior to engineering plan approval.
b. Core Requirements No. 3 - Biofiltration of stormwater is
required for water quality enhancement. Detention stand-
ards shall be established by the conditions of approval
for drainage Variance No. L94V0013 and/or as required by
the Soos Creek Basin Plan (see condition 8.c) .
C. Special Requirement No. 4 - Drainage plans shall be
prepared in conformance with the Soos Creek Basin Plan.
The western portion of the site drains to the Soosette
subbasin, which requires increased detention standards.
The release rate shall be 701 of the predeveloped 2-year
rate, and the volume shall be the 100-year, 24-hour
volume as determined by the SCS curve number method (see
Basin Plan, page 108) . The basin plan also requires
limitations on seasonal clearing and grading (see BW4 ,
page 123) . Clearing or grading shall not occur during
the months of October through March.
d. Special Requirement No. 5 - Wetponds will be required if
the thresholds listed in the manual apply to the site.
The King County Sensitive Areas Folio on page 11 identi-
fies Class 2 streams located east and west of the site;
therefore, if the amount of impervious surface subject to
vehicular use exceeds 1 acre, wetponds will be required.
SrasiL93P000J.rrK
SUf Rpurur.rW J112J94 - 9 _
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
e. Special Requirement No. 7 - The wetland located in the
western portion of the site may be classified as a closed
depression. The applicant's engineer shall evaluate the
applicable criteria for closed depressions and address
the requirements on the final engineering plans.
f. Special Requirement No. 9. - A wetland is located on the
property; therefore, a floodplain analysis shall be
performed. The 100-year floodplain boundaries shall be
shown on the final engineering plans and recorded plat.
9. The following conditions outline the required road
improvements:
a. The proposed entrance at 144th Avenue SE does not
currently achieve the required vehicular sight distance
standards. To meet this requirement, 144th Avenue SE
shall be regraded and improved as a full-width neighbor-
hood collector where it abuts the site. The road im-
provements shall be based upon a 45 mph design speed
which includes 620 feet of entering sight distance and
400 feet of stopping sight distance. The road shall be
designed to meet urban standards, except for the west
side of the road which may be improved to rural
standards.
b. On-site roads shall be improved to urban standards and
shall be consistent with the classifications shown on the
preliminary plat map received June 8, 1994.
C. As shown on the preliminary plat map, two temporary
vehicular barricades are proposed along SE 278th Street.
These barricades shall remain in place until such time
that DDES determines that the road improvements along
SE 278th Street are sufficient to handle the anticipated
vehicular use.
d. Tract D shall be, at minimum, 20 feet wide and improved
as a joint-use driveway with 18 feet of paving and con-
trolled drainage. This tract shall be limited to
ingress, egress, and utility use by Lots 64 and 65 only.
These lots shall have undivided ownership of the tract
and be responsible for its maintenance.
e. Tracts B and D shall be improved as private urban minor
access streets. The tracts shall be limited to ingress,
egress, and utility use by the serving lots only. These
lots shall have undivided ownership of the tracts and be
responsible for maintenance.
f. As required by KCRS 5.05, street illumination shall be
provided at the proposed intersection with 144th Avenue
Southeast. Design requirements for the street lighting
shall be shown on the final engineering plans.
g. Modifications to the above road conditions may be
considered by King County pursuant to the variance
procedures in KCRS 1.08.
10. The proposed subdivision shall comply with the Sensitive Areas
Ordinance as outlined in KCC 21.54. Prior to project
approval, the applicant shall provide Notice on Title as out-
lined in KCC 21.54. 100. Temporary marking, permanent survey
marking, and signs as specified KCC 21.54. 120 shall also be
addressed prior to commencing construction activities on the
site. Preliminary plat review has identified the following
SPRSUL93POOO7.rp,
1 n _
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
issues which apply to this project. All other applicable
requirements for sensitive areas shall also be addressed by
the applicant.
a. Erosion Hazards - Portions of the site are classified as
erosion hazards due to the soil types and slopes exceed-
ing 15 percent. Applicable criteria outlined in KCC
21.54. 170, including seasonal constraints and clearing
limitations, shall apply to this project. The engineer-
ing plans shall identify the locations of the erosion
hazards and address the applicable requirements from the
Sensitive Areas Code.
b. Wetlands - A Class 2 wetland is located within Tract A.
As specified in KCC 21.54 .270, a 50-foot buffer shall be
provided from the wetland edge. A 15-foot BSBL shall
also be shown from the edge of buffer. Buffer averaging
as shown on the preliminary plat is acceptable. Wetlands
and their respective buffers shall be located within a
sensitive areas tract as required by KCC 21.54.110.
11. The following note shall be shown on the final engineering
plans and recorded plat:
RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREA
SETBACK AREAS
Dedication of a Sensitive Area Tract/Sensitive Area Setback
Area conveys to the public a beneficial interest in the land
within the tract/setback area. This 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 Sensitive Area Tract/Sensitive Area
Setback Area imposes upon all present and future owners and
occupiers of the land subject to the tract/setback area 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 tract/setback
area may not be cut, pruned, covered by fill, removed or
damaged without approval in writing from King County Building
and Land Development Division or its successor agency, unless
otherwise provided by law.
The common boundary between the tract/setback area and the
area of development activity must be marked or otherwise
flagged to the satisfaction of King county prior to any
clearing, grading, building construction or other development
activity on a lot subject to the Sensitive Area Tract/
Sensitive Area Setback Area. The required marking or flagging
shall remain in place until all development proposal activi-
ties in the vicinity of the sensitive area are completed.
No building foundations are allowed beyond the required
building setback line, unless otherwise provided by law.
12. The applicant or subsequent owner shall comply with King
County Code 27 . 40, Mitigation Payment System (MPS) , by paying
the required MPS fee and administration fee as determined by
the applicable fee ordinance. The applicant has the option to
either: (1) pay the MPS fee at final plat recording, or
(2) pay the MPS fee at the time of building permit issuance.
If the first option is chosen, the fee paid shall be the fee
in effect at the time of plat application and a note shall be
placed on the face of the plat that, "All fees required by
King County Code 27 .40, Mitigation Payment System (MPS) , have
srasuL93P0004.mt
5u(RpvrlAT.n1T S/w9'
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
-been.paid"; if the second option is chosen, the fee paid shall
be the amount in effect as of the date of building permit
application.
13. Lots within this subdivision are subject to King County
Ordinance 10162 and Ordinance 10982 which imposed impact fees
to fund school system improvements needed to serve new devel-
opment. As a condition of final approval, fifty percent (50%)
of the impact fees due for the plat shall be assessed and
collected immediately prior to recording, using the fee
schedules in effect when the plat received final approval.
The balance of the assessed fee shall be allocated evenly to
the dwelling units in the plat and shall be collected prior to
building permit issuance.
14. There shall be no direct vehicular access to or from SE 278th
Street and 144th Ave ?ue. SE from those lots which abut it, with
the exception of Lot 79 (existing residence) .
15. 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.
16. The open space shall comply with KCC 19.38 by providing either
a fee-in-lieu of open space or providing suitable open space.
The option chosen shall be specified at the time of engineer-
ing plan submittal. If a fee-in-lieu is chosen, details shall
be worked out with DDES and Parks prior to recording. If open
space is provided, an open space plan shall be reviewed and
approved by DDES and Parks prior to engineering plan approval.
17. 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. )
18. A homeowners' association or other workable organization shall
be established to the satisfaction of ODES which provides for
the ownership and continued maintenance of the open space
area(s) and/or sensitive area tracts.
19. The following conditions shall apply to implement the P-suffix
conditions for street trees that apply to this property.
a. One street tree shall be planted every 30 feet along both
sides of residential access streets within the develop-
ment. One street tree shall be provided every 40 feet on
the perimeter of the development/arterial.
b. All street trees shall be planted in accordance with
Drawing 23 of the 1987 King County Road Standards.
C. Only street trees on the list of trees approved by the
DDES arborist may be planted.
d. A street tree plan and bond quantity sheet shall be
provided for the review and approval of DDES prior to or
at the same time as submittal of the engineering plans.
e. Bonding for the street trees shall be required. The bond
must be submitted prior to plat recording and shall
include installation, one year's maintenance and plant
costs. A $538 landscape inspection fee shall also be
submitted prior to plat recording.
SPRSVL97P0004."
Sur RRpu PLnTXW vivw - 12 -
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
f. Planted trees shall be healthy. Deciduous trees shall
have a minimum trunk diameter of 1 3/4 inches at the time
of planting; evergreen trees shall be a minimum of 4 feet
tall at time of planting.
g. The street trees must be installed within twelve months
of construction approval.
h. The street trees shall be owned and maintained by the
homeowners' association.
The applicant has the option to clear the individual
building envelopes during construction of the roads and
utilities or upon approval of the individual building
permit. If the building envelopes are to be cleared
during road and utility construction, the individual
building envelopes shall be shown on the engineering
plans and limited to the following maximum area:
a) Lot Size Building Envelope
5,000-9,000 sq.ft. 45t of the lot size
less than 5,000 sq.ft. 55% of the lot size
b) The clearing limits for each building envelope shall
be clearly marked or flagged on each lot and
inspected prior to any clearing.
(per Soos Creek Community Plan Policy NR-7, page 148)
(j Clearing and grading shall not be permitted between
October and March. All bare ground must be fully covered
or reveyg^(etate_d1 be/ v between these dates. -Tie 41(0
u q\1 a c� ,+U.o
0-V� —r — 1 —`-ve ' 1
a) Emergencies that threaten the public health, safety,
and welfare
b) Routine maintenance of public agency facilities
C) Routing maintenance of existing utility structures
as provided in the Sensitive Areas Ordinance, KCC
21.54.030(D)
d) Clearing or grading where there is loot infiltration
of the surface water runoff within the site in
approved and installed constructed-related drainage
facilities
e) Clearing or grading where all state water quality
standards are met, including turbidity. SWM shall
develop an administrative process before such
exemptions are allowed.
f) Landscaping of single-family residences
g) Class II and III forest practices
h) Quarrying or mining within sites with approved
permits
i) Clearing or grading for utility hookups on approved
residential and commercial building permits
j) Completion of any final clearing/grading work for
construction activities which meet all applicable
permit conditions and best management practices for
a period of time (not to exceed two weeks) in the
month of November if dry weather conditions are
present
\ 20.j The following have been established by SEPA as necessary
requirements of this development as mitigation. The appli-
cant shall demonstrate compliance with these items prior to
final approval.
SPRSULUMN."
SW RyurUr.DAT nnzs. - 13 -
PROPOSED PLAT OF NANCY'S GROVE DIVISION 2
FILE NO. L93P0004
The location of the tree containing the red-tailed hawk
nest on-site shall be surveyed and shown on the engineer-
ing plans for the plat. If the applicant proposes any
clearing, grading, or construction on the site between
April 1st and July 31st (nesting season) , DDES staff must
confirm, prior to the applicant's beginning those activ-
ities, that the red-tailed hawk nest found on-site is not
an active nest. If the nest is found to be active during
these months, the applicant may proceed with clearing,
grading, and construction on-site except that the appli-
cant must maintain a 250-foot undisturbed buffer around
the nest between April 1st and July 31st. If no activity
is observed at the nest during nesting season, subdivi-
sion activities may proceed without the L foot buffer.
(King County Comprehensive Plan Policy E- 03)
s Ig
Q. OTHER CONSIDERATIONS: 2r
1. The subdivision shall conform to KCC 16.82 relating to grading
on private property.
2. Development of the subject property may require registration
with the Washington State Department of Licensing, Real Estate
Division.
3. Preliminary approval of this application does not limit the
applicant's responsibility to obtain any required permit or
license from the State or other regulatory body. This may
include obtaining a forest practice permit from the Washington
State Department of Natural Resources for tree removal.
GK:KC:lm
TRANSMITTED TO PARTIES LISTED HEREAFTER:
Kathy Derrick
14509 SE 276th Place, Kent, WA 98042
Larry Reichert
Stafford Construction, 16016 118th Place NE, Bothell, WA
98011
ESM, Inc.
34004 9th Avenue S. , Bldg. A, Federal Way, WA 98003
New Construction Services
17233 140th Avenue SE, ,f5, Renton, WA 98058
Lozier Homes
1203 114th Avenue SE, Bellevue, WA 98004
Gwen Escher, Kent School District
Elizabeth Lee, Planner III, Site in Review Section, Land Use
Services Division
Kim Claussen, Planner II
Peter Dye, P.E. , Senior Engineer, Engineering Review Section
King County Conservation District
Steven C. Townsend, P. E. , Supervising Engineer, Land Use Inspection
Section
Larry West, Earth Scientist, Site Development Services Section
Jon Hansen, Senior Ecologist
Rich Hudson, Planner III, SEPA Section, Environmental Division
Paulette Norman, Senior Engineer, Development Review Unit, Roads
and Engineering Division
SPRSULW0001.,M
SSG RpUPLAT.PodT 3/17JW - 14 -
Kent City Council Meeting
Date March 3 , 1998
Category Other Business
1. SUBJECT: S. 188TH STREET VACATION
2 . SUMMARY STATEMENT: The applicants for the street vacation
have requested another continuation of this matter. The
hearing on this matter was heard on January 20, 1998, and was
continued to February 3 and again to February 17, at which time
it was removed from the council agenda. The applicants have
requested that this be continued to March 17, 1998 .
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 `- ( tllr moves, Councilmember seconds
the motion to continue this matter of the South 188th Street
Vacation to March 17 , 1998 .
DISCUSSION•
ACTION•
Council Agenda
Item No. 4C
Kent City Council Meeting
Date March 3 . 1998_
Category Other Business
1. SUBJECT: PUBLIC DEVELOPMENT AUTHORITY (SATURDAY MARKET
BUILDING) - ORDINANCE
2 . SUMMARY STATEMENT: The City Council is being asked to
consider adoption of an ordinance to create the Kent Downtown
Public Market Development Authority. The ordinance would
approve a charter and the initial bylaws establishing a board
of directors to govern the affairs of the Authority for the
operation of a downtown public market.
3 . EXHIBITS: Proposed ordinance, Charter, and Initial Bylaws
4 . RECOMMENDED BY: Committee of the Whole
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember k- 1 ` moves, Councilmember seconds
z:
the adoption of Ordinance No. creating the Kent Downtown
Public Market Development Authority approving a charter and
additional bylaws for the operation of a downtown public
market.
DISCUSSION: '
ACTION•
Council Agenda
Item No. 4D
ORDINANCE NO.
AN ORDINANCE relating to the Kent Downtown
Market and creating the Kent Downtown Public Market
Development Authority; approving a charter and initial
bvlaws therefor; establishing a Board of Directors to govern
the affairs of the Authority; providing how the Authority
shall conduct its affairs.
THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Authority created -- City liability limited.
A. Authority created. As authorized under RCW 35.21.730 through RCW
35,21,755, a public authority with powers and limitations as set forth in state law, this
ordinance and its charter, is herebv created to undertake. assist with and otherwise facilitate
I
or provide for the acquisition. renovation. operation. and management, including leasing,
of the landmark Lumberman Barn located at 212 Railroad Avenue North as the new home
for the Kent Downtown Market. and to perform anv other function specified in this
I
ordinance or the Charter of the Authority.
B. City liability limited. The Authoriv, is an independent legal entity
exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred
by the Authority shall be satisfied exclusively from the assets and credit of the Authority:
no creditor or other person shalll have anv recourse to the assets. credit. or services of the
Citv on account of anv debts, obligations_ liabilities, acts. or omissions of the Authority.
i
SECTION 2. Name. The name of the public Authority shall be the Kent
Downtown Public Market Development Authority. .
SECTION 3. Definitions. As used herein. the term:
A. 'Board of Directors" or"Board" means the governing body vested with the
management of the affairs of the public authority.
B. "Director" means a member of the board.
C. 'Bylaws" means the rules adopted for the regulation or management of the
affairs of the public authority adopted by this ordinance and all subsequent
amendments thereto.
D. "Charter" means the articles of organization of the public authority adopted
by this ordinance and all subsequent amendments thereto.
E. "City" means the City of Kent.
F. "City Clerk" means the clerk of the City of Kent or a person authorized to
act on his or her behalf. and in the event of reorganization of the office of
clerk, the successor official performing such duties or a person authorized
to act on his or her behalf.
G. "City Council" means the city council of the City of Kent, Washington.
H. "Mayor" means the mayor of the City of Kent.
I. "Public Authority" or "Authority" means the authority created under this
ordinance.
J. "Resolution" means an action of the board with the quorum required in
Section 10.
K "State" (when used as a noun) shall mean the State of Washington.
SECTION 4. Powers -- Generally. Except as limited by the state
constitution, state statute, this ordinance, or the charter of the public authority, the public
authority shall have and may exercise all lawful powers necessary or convenient to effect
the purposes for which the public authority is organized and to perform authorized
corporate functions. as provided in its charter.
SECTION 5. Charter. The charter of the authority (the "charter"), Exhibit
A of this ordinance, is hereby approved. The charter shall be issued in duplicate originals,
each bearing the city seal attested by the city clerk. One original shall be filed with the city
clerk; a duplicate original shall be provided to the authority. The charter shall be amended
only by city ordinance adopted at or after a public hearing held with notice to the public
authority and authoritv directors and affording them a reasonable opportunity to be heard
and present testimony.
SECTION 6. Effect of issuance of charter. The public authority shall
commence its existence effective upon issuance of its charter and the holding of its initial
board meeting. Except as against the state or the city in a proceeding to cancel or revoke
the charter, delivery of a duplicate original charter shall conclusively establish that the
public authority has been established in compliance with the procedures of this ordinance.
SECTION 7. Board of directors. A board consisting of five (5) directors
(the "board of directors") is hereby established to govern the affairs of the public authority.
The directors shall be appointed and serve their terms as provided in the charter. All
corporate powers of the public authority shall be exercised by or under the authority of the
board of directors. and the business, property and affairs of the authority shall be manage
under the supervision of the board of directors. except as may be otherwise provided by law
or in the charter.
�I
SECTION& Organizational meeting. Within ten( 10) days after issuance
of the charter, the mavor or his or her designee shall call an ors=anizational meeting of th
initial board of directors, giving at least three (3) days' advance written notice to each
unless waived in writing. At such meeting, the board shall organize itself: may appoint
officers. and select the place of business.
i
SECTION 9. Bylaws. The initial bylaws (the "bylaws") of the public
authority, Exhibit B of this ordinance, are hereby approved. The power to alter, amend. or
repeal the bylaws or adopt new ones shall be vested in the board except as otherwise
provided in the charter. The bylaws shall be consistent with the charter. In the event of a
conflict between the bylaws and this ordinance or the charter, this ordinance or the charter,
as the case may be, shall control.
SECTION 10. Quorum. At all meetings of the board of directors, a
majority of the board of directors then in office shall constitute a quorum.
SECTION 11. Dissolution.
A. If the city council makes an affirmative finding that dissolution is warranted
for anv reason, the existence of the public authority may be terminated by ordinance of the
city council adopted at or after a public hearing,held with notice to the public authority and
authority directors and affording them a reasonable opportunity to be heard and present
testimony. Dissolution shall be accomplished as provided in the charter, and shall not take
effect until proper provision has been made for disposition of all authority assets.
B. Upon satisfactory completion of dissolution proceedings.the city clerk shall
indicate such dissolution by inscription of"charter canceled' on the original charter of the
public authority, on file with the city and. when available_ on the duplicate original of the
public authority, and the existence of the public authority shall cease. The city clerk shall
give notice thereof pursuant to state law and to other persons requested by the public
authority in its dissolution statement.
C Upon dissolution of the authority or the winding up of its affairs. title to all
remaining assets or property of the authority shall vest in the city unless the city council
or trustee or court has provided for the transfer of any authority rights, assets or property
to a qualified entity or entities which will fulfill the purposes for which the authority was
chartered.
SECTION 12. Ancillary authority. The mayor is guranted all such power
and authority that is reasonably necessary or convenient to enable him or her to administer
this ordinance efficiently and to perform the duties imposed in this ordinance or the
authority charter.
SECTION 13. Construction. This ordinance shall be liberally construed
so as to effectuate its purposes and the purposes of RCW 35.21.7')0-.755.
SECTION 14. Severability. 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 15. Effective Date. This ordinance shall take effect and be in
force thirty (3)0) days after passage by the Council.
JIM WHITE, MAYOR
i
ATTEST:
BRENDA JACOBER. CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
i�
5
PASSED: day of 11998.
APPROVED: day of 11998.
PUBLISHED: day of , 1998.
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 LA\VNORDINA NC X DP.O RD
6
EXHIBIT A
CHARTER OF THE KENT DOWNTOWN PUBLIC
MARKET DEVELOPMENT AUTHORITY
As originally adopted
pursuant to City of Kent Ordinance No.
Issued and Certified by the City Clerk on
1998, at Kent, Washington.
i
TABLE OF CONTENTS
ARTICLE I - NAME AND SEAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
Section1.01 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
.
Section 1.02 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE II - AT AND LIMIT ON LIABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 2.01 Authority . . . . . . . .1
Section 2.02 Limit on Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Section 2.03 Mandatory Disclaimers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I
ARTICLE III - DURATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE IV - PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.�
ARTICLE V - POWERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Section5.01 Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 5.02 Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
ARTICLE VI - BOARD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
,
Section 6.01 Board Composition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Section 6.02 Terms of Office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 6.03 Board Concurrence and Quorum Defined. . . . . . . . . . . . . . . . . . . . . . . . . . .4
Section 6.04 Officers and Division of Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Section 6.05 Executive Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Section 6.06 Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Section 6.07 Removal of Board Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
ARTICLE VII - MEETINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._
Section 7.01 Board Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Section 7.02 Open Public Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Section 7.03 Parliamentary Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Section 7.04 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . .
ARTICLE VIII - BYLAWS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
ARTICLE IX - AMENDMENT TO CHARTER AND BYLAWS. . . . . . . . . . . . . . . . . . . . . . . .6
Section 9.01 Proposals to Amend Charter and Bylaws. . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Section 9.02 Board Consideration of Proposed Amendments. . . . . . . . . . . . . . . . . . . . . . .6
Section 9.03 Vote Required for Amendments to Charter or Bylaws. . . . . . . . . . . . . . . . . .6
Section 9.04 City Council Approval of Proposed Charter Amendments. . . . . . . . . . . . . .6
ARTICLE X - COMMENCEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE XI - DISSOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE XII - APPROVAL OF CHARTER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
ii
EXHIBIT A
CHARTER OF THE KENT DOWNTOWN
PUBLIC MARKET DEVELOPMENT AUTHORITY
ARTICLE I
NAME AND SEAL
Section 1.01 Name. The name of this authority shall be the Kent Downtown Public Market
Development Authority (hereinafter referred to as the "Authority").
Section 1.02 Seal. The Authority's seal shall be a circle with the name "Kent Downtown
Public Market Development Authority" inscribed therein.
ARTICLE II
AUTHORITY AND LIMIT ON LIABILITY
Section 2.01 Authoritv. The Authority is a public authority organized pursuant to
RCW 35.21.730-.757,as amended(the "Act")and Ordinance of the Citv of Kent, Washington
(the "Ordinance").
Section 2.02 Limit on Liability. All liabilities incurred by the Authority shall be satisfied
(a) in the case of obligations or liabilities of the Authority which are not limited recourse in nature,
exclusively from the assets, credit, and properties of the Authority, or (b) in the case of obligations
or liabilities of the Authoritv which, by their terms, are limited recourse obligations, from such
assets, properties or revenues of the Authority as shall be specifically pledged thereto or otherwise
identified as being the source of payment of such limited recourse obligations or liabilities, and no
creditor or other person shall have any right of action against or recourse to the City of Kent.
Washington(the "City"). its assets. credit. or services, on account of any debts. obligations, liabilities
or acts or omissions of the Authoritv.
Section 2.03 \,landatory Disclaimers. The following disclaimer shall be posted in a
prominent place where the public may readily see it in the Authority's principal and other offices.
It shall also be printed or stamped on all contracts, bonds, and other documents that may entail any
debt or liability by the Authority.
The Kent Downtown Public .Market Development Authority is a public authority
organized pursuant to Ordinance , of the City of Kent and the laws of the State
of Washington. RCW 35 21.730 through RCW 35.21.757. RCW 35.21.750 provides
as follows: "[A]II liabilities incurred by such public corporation, commission, or
authority shall be satisfied exclusively from the assets and properties of such public
corporation, commission or authority and no creditor or other person shall have any
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right of action against the city, town, or county creating such corporation,
commission, or authority on account of any debts, obligations, or liabilities of such
public corporation, commission, or authority."
In the case of any obligations or liabilities of the Authority which. by their terms, are limited
recourse in nature, in lieu of the foregoing disclaimer, the following disclaimer shall be printed or
stamped on all contracts, bonds and other documents relating to or evidencing such limited recourse
obligations or liabilities of the Authority:
The obligations of the Authority with respect to [describe the contract, bond or
other limited recourse obligation] shall be and remain limited recourse obligations
of the Authority payable solely and only from [describe the particular properties,
assets or revenues of the Authority from which the limited recourse obligation
is payable]. In no event shall such obligations be payable from or by recourse
against any properties, assets or revenues of the Authority (other than those described
in the preceding sentence), nor shall such obligations be payable from or by recourse
against any properties, assets or revenues of the City of Kent. Washington, the State
of Washington or any other political subdivision of the State of Washington. No
person to whom such obligations are owed shall have any recourse or right of action
against the Authority, the Cir, -f Kent, Washington, the State of Washington or any
other political subdivision thereof on account of such obligations or any liabilities,
of whatsoever nature, arising in connection therewith except to enforce for the
payment thereof out of[describe the particular properties, assets or revenues of
the Authority from which the limited recourse obligation is payable].
ARTICLE III
DURATION
The duration of the Authority shall be perpetual except as provided in the Ordinance.
ARTICLE IV
PURPOSE
The purpose of the Authority is to provide an independent legal entity under State law and
City Ordinance to undertake. assist with and otherwise facilitate or provide for the renovation and
operation of the landmark Lumberman Barn located at 212 Railroad Avenue North as the new home
for the Kent Downtown Public Market. Renovation of the barn to house a permanent, year-round.
indoor producer's public market v 11 serve essential public purposes by relieving blight, creating a
permanent tourist attraction, expanaing and reinforcing the viability of the central business district.
and facilitating private investment which will build the City's tax base and create jobs. all of which
are in the public interest. The Authority shall acquire and manage real property, secure financing.
undertake the renovation of the barn. and enter into agreements with other not-for-profit entities for
the development of the Market.
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For the purpose of securing the exemption from federal income taxation for interest on
obligations of the Authority, the Authority constitutes an authority and instrumentality of the City
of Kent (within the meaning of those terms in regulations of the United States Treasury and rulings
of the Internal Revenue Service prescribed pursuant to Section 10.) and Section 145 of the Internal
Revenue Code of 1986, as amended).
ARTICLE V
POWERS
Section 5.01 Powers. The Authority shall have and may exercise all lawful powers
conferred by state laws, the Ordinance, this Charter and its Bylaws. The Authority in all of its
activities and transactions shall be subject to the powers, procedures, and limitations contained in
the Ordinance.
Section 5.02 Indemnification. To the extent permitted by law, the Authority may protect,
defend, hold harmless and indemnify any person who becomes a director, officer, employee or agent
of the Authority, and who is a party or threatened to be made a party to a proceeding by reason
related to that person's conduct as a director, officer, employee or agent of the Authority, against
judgments, fines, penalties, settlements and reasonable expenses (including attorneys' fees) incurred
by him or her in connection with such proceeding, if such person acted in good faith and reasonably
believed his or her conduct to be in the Authority's best interests and if, in the case of any criminal
proceedings, he or she had no reasonable cause to believe his conduct was unlawful. The
indemnification and protection provided herein shall not be deemed exclusive of any other rights to
which a person may be entitled as a matter of law or by contract or by vote of the Board of Directors.
The Authority may purchase and maintain appropriate insurance for any person to the extent
provided by the applicable law.
ARTICLE VI
BOARD
Section 6.01 Board Composition. Management of all Authority affairs shall reside in the
Board. The Board shall be composed of five (5) members. The Mavor of Kent shall appoint all
Board Members subject to confirmation by the Kent City Council. Two of the Board Members shall
be nominated by the Kent Downtown Partnership.
Section 6.02 Terms of Office.
6.02.1. The terms of office of the initially appointed members of the Board shall commence
on the effective date of this charter and shall be staegered as follows:
a. Group 1. One member for a two-year term:
b. Group II. Two members for three-year terms: and
C. Group III. Two members for four-year terms.
3 o f 7
6.02.2. In making the appointments of the initial board members, the Mayor shall designate
which members are assigned to the three groups identified in subsection 6.02.1 above for purposes
of determining the length of terms of such initial board members.
6.02.3. Except for the initial members of the board, each member shall be appointed to serve
for a four year term. Each member shall continue to serve until his or her successor has been
appointed and qualified.
6.02.4. Terms shall expire at the end of the day prior to the anniversary of the effective date
of the Charter of the year in which the respective group is scheduled to terminate. New appointees
or reappointees shall be processed in the manner provided herein.
Section 6.03 Board Concurrence and Quorum Defined. "Board concurrence," as used in
this Article, may be obtained at any regular or special Board meeting by an affirmative vote of a
majority of the Board members voting on the issue, provided that such majority equals not less than
three (3) votes.
A quorum to commence a Board meeting shall be no fewer than three (3) members. The
Bvlaws of the Authority may prescribe Board quorum restrictions that equal or exceed the quorum
restrictions imposed in this Section 6.03. Board members present at a duly convened meeting may
continue to transact business notwithstanding the departure of enough members to leave less than
a quorum.
Section 6.04 Officers and Division of Duties. The Authority shall have three or more
officers. The same person shall not occupy both the office of President and any office responsible
for the custody of funds and maintenance of accounts and finances. The initial officers of the
Authority shall be the President and Secretary-Treasurer. Additional officers may be provided for
in the Bvlaws of the Authoritv. The President shall be the agent of the Authority for service of
process; the Bylaws may designate additional corporate officials as agents to receive or initiate
process. The Authority shall appoint an Executive Director who shall be the chief administrative
staff person to the Board of Directors. Subject to supervision by the Board of Directors, the
Executive Director shall have primary responsibility for all matters involving day-to-day operations
of the Authority and shall make recommendations to the Board of Directors on practices, policies
and programs of the Authority. The Executive Director shall have such powers and perform such
duties as may be prescribed from time to time by the Board and lie or she shall be entitled to notices
of all meetings of the Board of Directors. The Board shall oversee the activities of the corporate
officers, establish and/or implement policy, participate in corporate activity in matters prescribed by
city ordinance. and shall have stewardship for management and determination of all corporate
affairs.
Section 6.05 Executive Committee. The Bylaws may provide for an Executive Committee.
which shall be appointed and/or removed by the Board. and shall have and exercise such authority
of the Board in the management between meetings of the Board. as may be specified in the Bylaws.
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Section 6.06 Committees. The appointment of other committees shall be provided for in
the Bylaws.
Section 6.07 Removal of Board Members. In addition to trusteeship and termination or
dissolution, respectively, if it is determined for any reason that any or all of the Board members
should be removed, with or without cause, and after appointment by the Mayor of appropriate
replacements and confirmation by the City Council, the City Council may by resolution remove any
or all Board members. The term of any Board member removed pursuant to this section shall expire
when the member receives a copy of the resolution removing him or her and a letter signed by the
Mayor advising him or her that he or she has been removed pursuant to this section.
A vacancy or vacancies on the Authority Board of Directors shall be deemed to exist in case
of the death, disability, resignation. removal, or forfeiture of membership. Vacancies on the Board
shall be filled by appointment and confirmation in the same mariner in which members of the Board
are regularly appointed. Any person selected to fill a vacancy on the Board shall serve the balance
of the term of the person being replaced.
ARTICLE VII
MEETINGS
Section 7.01 Board Meetings.
l. The Board shall meet as necessary but not less than two (2) times a year.
2. Special meetings of the Board may be called as provided in the Bylaws.
Section 7.02 Open Public Meetings. Notice of meetings shall be given, to the extent
required by taw, in a manner consistent with the Open Public Meetings Act. Chapter 42.30 RC W.
At such meeting, any citizen shall have a reasonable opportunity to ask to address the Board either
orally or by written petition. Voting by telephone or by prox} is not permitted.
Section 7.03 Parliamentary Authority. The rules of Robert's Rides of(Eder (revised) shall
govern the Authority in all cases to which they are applicable. where they are not inconsistent %with
the Charter or with the special rules of order of the Authorit�� set forth in the Bylaws.
Section 7.04 Minutes. Copies of the minutes of all regular or special meetings of the Board
shall be available to any person or organization that requests them as required by state law: minutes
with respect to closed executive sessions need not be kept or alternativel%. need not be made
available. The minutes of all Board meetings shall include a record of individual notes on all matters
requiring Board concurrence.
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ARTICLE VIII
BYLAWS
The initial Bylaws may be amended by the Board to provide additional or different rules
g overning the Authority and its activities as are not inconsistent with this Charter. The Board may
provide in the Bylaws for all matters related to the governance of the Authority. including but not
limited to matters referred to elsewhere in the Charter for inclusion therein.
ARTICLE IX
AMENDMENT TO CHARTER AND BYLAWS
Section 9.01 Proposals to Amend Charter and Bylaws.
1. Proposals to amend the Charter or Bylaws shall be presented in a format which strikes
over material to be deleted and underlines new material.
2. Any Board member may introduce a proposed amendment to the Charter or to the
Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of
which ten (10) days' advance notice has been given to members of the Board.
Section 9.02 Board Consideration of Proposed Amendments. If notice of a proposed
amendment to the Charter or to the Bylaws, and information, including the text of the proposed
amendment and a statement of its purpose and effect, is provided to members of the Board ten (10)
days prior to any regular Board meeting or any special meeting of which fifteen (15) days' advance
notice has been given, then the Board may vote on the proposed amendment at the same meeting as
the one at which the amendment is introduced. If such notice and information is not so provided.
the Board may not vote on the proposed amendment until the next regular Board meeting or special
meeting of which fifteen (15) days' advance notice has been given and at least ten (10) days prior
to which meeting such notice and information is provided to Board members. Germane amendments
to the proposed amendment within the scope of the original amendment will be permitted at the
meeting at which the vote is taken.
Section 9.0 Vote Required for Amendments to Charter or Bvlaws. Resolutions of the
Board approving proposed amendments to the Charter or approving amendments to the Bylaws
require an affirmative vote of a majority of the Board members voting on the issue, provided that
such majority equals not less than three votes.
Section 9.04 Citv Council Approval of Proposed Charter Amendments. Proposed Charter
amendments adopted by the Board shall be submitted to the City Council for approval. The
Authority's Charter may he amended only by ordinance as provided in the Ordinance.
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ARTICLE X
COMMENCEMENT
The Authority shall commence its existence effective upon the issuance of its Charter as
sealed and attested by the City Clerk and the holding of the initial board meeting.
ARTICLE XI
DISSOLUTION
Dissolution of the Authority shall be in the form and manner required by state law. City
ordinance, and the Bylaws. Upon dissolution of the Authority and the winding up of its affairs, title
to all remaining property or assets of the Authority shall vest in the City of Kent for use for public
purposes.
ARTICLE XII
APPROVAL OF CHARTER
ORIGINAL CHARTER APPROVED by Ordinance adopted by the Kent City Council
on
CERTIFICATE
I,the undersigned,City Clerk of the City of Kent, Washington, DO HEREBY CERTIFY that
the attached CHARTER OF THE KENT DOWNTOWN PUBLIC MARKET DEVELOPMENT
AUTHORITY is a true and correct original of that charter as authorized by Ordinance of the
City of Kent.
IN WITNESS WHEREOF. I have set my hand and affixed the official seal of the City of
Kent this day of 1998.
Brenda Jacober. City Clerk
City of Kent. Washington
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EXHIBIT B
BYLAWS OF THE KENT DOWNTOWN PUBLIC MARKET
DEVELOPMENT AUTHORITY
ARTICLE I
BOARD
Section 1.01. Composition of the Board. For the purpose of determining Board composition,
the anniversary of the issuance of the Charter shall be [insert effective date of Ordinance] of each
year.
Section 1.02. Vacancies. A vacancy or vacancies on the Board shall be deemed to exist in
the case of the death, disability, resignation or removal from office of any Board member as
provided herein.
ARTICLE II
OFFICERS AND COMMITTEES
Section 2.01. Officers Desi ng ated. The officers of the Board shall be a President and
Secretary-Treasurer, each of whom shall be elected by the Board. Such other officers and assistant
officers as may be deemed necessary may be elected or appointed by the Board. No person may
simultaneously hold more than one office. In addition to the powers and duties specified below, the
officers shall have such powers and perform such duties as the Board may prescribe.
Section 2.02. Election Qualification and Term of Office. Each of the officers shall be
elected by the Board from among its members. The officers shall be elected by the Board at the first
regular meeting after the term of new or reappointed Board members the unexpired term and until
his or her successor shall have been duly appointed and qualified.
Section 2.03. Establishment of Committees. The Board. by resolution, may designate from
among its members one or more committees. to represent the Board and, except as prohibited by the
Charter, act for and on behalf of the Board. The designation of any such committee and the
delegation thereto of authority shall not operate to relieve any member of the Board of any
responsibility imposed by law.
ARTICLE III
MEETING
Section 3.01. Re(_1ular Board Meetings. Regular meetings of the Board shall beheld at least
once every other month on the of each month at a.m./p.m. at
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provided, however, that the Board may alter such regular meeting time and
place by resolution.
Section 3.02. Special Board Meetings. Subject to Article VII of the Charter, special
meetings of the Board may be held at any place at any time whenever called by the Chairperson or
a majority of the members of the Board.
Section 3.03. Notice of Regular Board Meetings. No notice of any regular meeting shall be
required,except for the first regular meeting after any change in the time or place of regular meetings
adopted by resolution of the Board as above provided. Notice of such changed regular meeting shall
be given by personal communication over the telephone to each Board member at least twenty-four
(24) hours prior to the time of the meeting or by at least three (3) days notice by mail, telegram or
written communication. If mailed, notice shall be mailed by United States mail, postage prepaid.
to the last known address of each Board member. At any regular meeting of the Board, any business
may be transacted and the Board may exercise all of its powers.
Section 3.04. Notice of Special Board Meetings. Notice of all special meetings of the Board
shall be given, to the extent required by law, pursuant to the State Open Public Meetings Act.
specifically including RCW 42.30.080, as now enacted or hereafter amended
Section 3.05. Waiver of Notice. Notice as provided in Sections 3.03 and 3.04 hereof may
be dispensed with as to any member of the Board who at or prior to the time the meeting convenes
files with the Board of the Authority a written waiver of notice or who is actually present at the
meeting at the time it convenes. Such notice may also be dispensed with as to special meetings
called to deal with an emergency involving injury or damage to persons or property or the likelihood
of such injury or damage, where time requirements of such notice would make notice impractical.
Notice, as provided in Article IX of the Charter concerning proposed amendments to the Charter or
Bylaws and votes on such amendments, may not be waived.
Section 3.06. Notice to City Council. Notice of all meetings and minutes of all meetings of
the Board shall be given to the Kent City Council by giving notice to the City Clerk.
ARTICLE IV
AMENDMENTS TO CHARTER AND BYLAWS
Section 4.01. Proposals to Amend Charter and By laws.
I. Proposals to amend the Charter or Bylaws shall be presented in a format which strikes
over material to be deleted and underlines new material.
2 Any Board member may introduce a proposed amendment to the Charter or to the
Bylaws (which may consist of new Bylaws) at anv regular meeting or at any special meeting of
which thirty (30) days advance notice has beenriven.
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Section 4.02. Board Consideration of Proposed Amendments. If notice of a proposed
amendment to the Charter or to the Bylaws, and information including the text of the proposed
amendment and a statement of its purpose and effect, is provided to members of the Board fifteen
(15) days prior to any regular Board meeting or any special meeting of which thirty (30) days'
advance notice has been given, then the Board may vote on the proposed amendment at the same
meeting as the one at which the amendment is introduced. If such notice and information is not so
provided,the Board may not vote on the proposed amendment until the next regular Board meeting
or special meeting of which thirty (30) days advance notice has been given and at least fifteen (15)
days prior to which meeting such notice and information is provided to Board members. Germane
amendments to the proposed amending within the scope of the original amendment will be permitted
at the meeting at which the vote is taken as provided in the Charter.
Section 4.03. Vote Required for Amendments to Charter or Bylaws. Resolutions of the
Board approving proposed amendments to the Charter or amendments to the Bylaws require an
affirmative vote of a majority of the Board members then in office as provided in the Charter.
Section 4.04. City Council Approval of Proposed Charter Amendments. Proposed Charter
amendments adopted by the Board shall be submitted to the City Council for approval. The
Authority's Charter may be amended only by ordinance as provided in Article IX of the Charter.
Section 4.05. Effective Date. Amendments to the Bylaws are effective upon adoption by
the Board.
ARTICLE V
ADMINISTRATIVE PROVISIONS
Section 5.01. Books and Records. The Authority shall keep current and complete books and
records of account and shall keep minutes of the proceedings of its Board and its committees having
anv of the authority of the Board.
Section 5.02. Indemnific icon of Board Members The Authority elects to defend and
indemnify its present and former board members and officers and their successors, spouses and
marital communities to the full extent author ed by law and the Charter. In addition. the right of
indemnification shall inure to each Board member or officer and his or her spouses and marital
communities upon his or her appointment to the Board and the event of his or her death shall extend
to his or her heirs. legal representatives and estate. Each person who shall act as Board member or
officer of the Authority shall be deemed to uo so in reliance upon such indemnification and such
rights shall not be exclusive of any other right which he or she may have.
Section 5.03. Principal Office. The principal office of the Kent Downtown Public Market
Development Authority shall be [addressl, Kent, Washington.
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Section 5.04. Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and end
December 31 of each year, except the first fiscal year, which shall run from the date the Charter is
issued to December 31, 1998.
ARTICLE VI
APPROVAL OF BYLAWS
APPROVED by Resolution No. adopted by the Board of the Kent Downtown Public
Market Development Authority on 1998, and under the general authority
given to the Board by Ordinance No. adopted by the Kent City Council on
11998.
B
By:
y:
Print Name: Print Name:
Its President Its Secretarv-Treasurer
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Kent City Council Meeting
Date March 3 . 1998
Category Other Business
1. SUBJECT: KENTRIDGE PARK MASTER PLAN - APPROVAL AND CREATION
OF BUDGET
2 . SUMMARY STATEMENT: Parks staff, in coordination with the
residents of the Kentridge Park neighborhood, have prepared a
Master Plan for improvements to the park. Staff met following
the February 3 , 1998, Parks Committee meeting with neighbors to
address issues raised by some residents. Site preparation and
irrigation will be installed by City staff and neighborhood
volunteers will install new play equipment. To create the
budget for the improvements, funds will be transferred from the
following accounts:
$ 772 . 59 CIP Funds: P32 - Fencing
$ 3 ,790 . 09 CIP Funds: P39 - City Flowers
$10, 000. 00 P29 Playground Safety
$30, 000. 00 P13 East Hill Fee-in-Lieu of Funds
(Kingstone)
$44, 562 . 68 Total
3 . EXHIBITS: None
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS: _
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember 1.` seconds
to approve the Kentridge Park Master Plan and create the
Kentridge Park Playground Safety Project Budget with the
$44, 562 . 68 from transferred funds.
DISCUSSION
ACTION•
Council Agenda
Item No. 4E
CQ ���.
Ll
!�i �
Kent City Council Meeting
Date March 3 , 1998
Category Bids
1. SUBJECT: FIRE DEPARTMENT UNIFORM BIDS - APPROVAL
2 . SUMMARY STATEMENT: Due to the department growth and State
mandates, the Fire Department will spend over $25, 000 on
uniforms and safety clothing. It is most efficient and cost
effective to purchase a "uniform package" from a low bid
vendor. An anticipated expenditure estimated not to exceed
$50, 000 will occur this year and the Fire Department is
requesting approval from the City Council to purchase uniform
items from Lighthouse Uniforms as they were the lowest bid from
the three vendors submitting "package" prices.
3 . EXHIBITS: Executive summary
4 . RECOMMENDED BY: Fire Department, Safety Clothing Program Staff
and Fire Chief
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $ Funded within existing
clothing budget
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION: �t
Councilmember ('= -�,''�-) moves, Councilmember L0 1 seconds
that the Fire Department be authorized to proceed with
purchasing uniform items from a single vendor, Lighthouse
Uniforms, for the 1998 year with an estimated expenditure of
$50, 000.
DISCUSSION•
ACTION:
Council Agenda
Item No. 5A
EXECUTIVE SUMMARY
FEBRUARY 23, 1998
TO: MAYOR JIM WHITE, COUNCIL PRESIDENT LEONA ORR,
COUNCILMEMBERS JUDY WOODS, SANDY AMODT, TOM
BROTHERTON, CONNIE EPPERLY, AND TIM CLARK
FROM: NORMAN G. ANGELO, FIRE CHIEF
DALE ROBERTSON, BATTALION CHIEF, "B" SHIFT
JIM MERRITT, CLOTHING PROJECT MANAGER
SUBJECT: UNIFORM PURCHASING
------------------------------------------------------------------------------------------------------------------
SUMMARY: The department clothing responsibility due to volume of purchases and
mandated state requirements will necessitate expenditures exceeding $25,000.00 this year. Per
the City of Kent Purchasing Policies, expenditures exceeding this amount to a single vendor
require Council approval.
BACKGROUND: Firefighter Merritt, who supervises this project, solicited bids in
accordance with City Policy, for a "uniform package" in November, 1997. The three (3)
major suppliers of uniforms in the Puget Sound area responded and computation indicated that
Lighthouse Uniforms was the most cost effective of the three (3) bids. Anticipated
expenditures for 1998 for "package items" are estimated at $46,000.00. This includes
replacement items and outfitting of new hires as required by law, (WAC 296-305-01517),
safety and Union contract.
RECOMMENDED ACTION: Approval of purchasing "uniform package" for Lighthouse
Uniforms which is estimated not to exceed $50,000.000 based on their low bid submission.
BUDGET IMPACT: The purchasing criteria and subsequent authorization falls within the
parameters of our 1998 budget. There is no additional budget impact beyond the 1998
approved budget.
tcn
CONTINUED COMMUNICATIONS
A.
............
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC WORKS/PLANNING COMMITTEE
D. PUBLIC SAFETY COMMITTEE
E. PARKS COMMITTEE
F. ADMINISTRATIVE REPORTS