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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/04/1998 City of Kent CityCouncil Meeting A . enda CITY OF ��� 1 r 1 Mayor Jim White Councilmembers Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling August 4, 1998 Office of the City Clerk cirr or)f;\��t� SUMMARY AGENDA KENT CITY COUNCIL MEETING August 4 , 1998 Council Chambers fN V IOTA 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Connie Epperly Rico Yingling Tim Clark Judy Woods CALL TO ORDER FLAG SALUTE ROLL CALL 1. PUBLIC COMMUNICATIONS A. Employee of the Month B. Regional Justice Center Update - Commander Coleman C. Report from Citizens to Save the South Station Site 2. PUBLIC HEARINGS A. 1999-2004 Capital Facilities Plan 3 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. King County Work Training Program Grant - Accept and Amend Budget D. King County Arts Commission Grant - Accept and Amend Budget E. Kent Rotary Donation - Accept and Amend Budget F. 32nd Avenue South Street Vacation - Resolution Setting Hearing Date1'-'�� G. Water District #111 Easement - Authorization „ H. LID 347 & 348 Consolidated Bond Contract - Ord.inance 3t``y1-' I. Diversity Advisory Board Establishment - Ordinance 73 L/ N J. Building Inspector Position - Authorize & Establish Budget K. 1997 Editions of Uniform Codes and Fees - Ordinance and Resolution L. 1998 Budget Adjustment - Ordinance 4)kD M. 1999 Budget - Set Hearing Date N. Riverbend Driving Range Netting Project - Accept as Complete O. Springwood Park Trail Damage Repair - Accept as Complete 4 . OTHER BUSINESS A Fox Ridge Addition No. 1 Final Plat B. Stone Wood Preliminary Plat C. Lodging Tax Advisory Committee - Ordinance -3(417 D. Transportation Improvement Board Grant Acceptance 5. BIDS A. 1998 Asphalt Overlay and Central Avenue Right Turn Lane (Northbound South of S. 228th Street) Russell Road Asphalt walkway (James Street to 1,400 ' South) 6. CONTINUED COMMUNICATIONS 7. REPORTS EXECUTIVE SESSION - (1) Property Negotiations (2) Labor Negotiations (3) Pending Litigation 8. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent(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) Employee of the Month B) Regional Justice Center Update - Commander Coleman C) Report from Citizens to Save the South Station Site ............... Kent City Council Meeting Date August 4 , 199E Category Public Hearings 1 . SUBJECT: 1999-2004 CAPITAL FACILITIES PLAN 2 . SJR2MY STATEMENT: This date has been set to receive public input on the 1999-2004 Capital Facilities Plan. The Capital Facilities Plan includes all expenditures for the next six years as described in the City' s Capital Facility portion of the Comprehensive Pan. Each year the CFP is updated before adoption of the City' s Budget in order to incorporate into the budget the capital improvements from the updated CFP. Public input is encouraged as this plan is developed for the City of Kent ' s Capital Facilities and Infrastructure Improvements . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc . ) 5 . rNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 2A W ....... CONSENT CALENDAR 3 . Citx Council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through 0 be a proved KA Discussion Action 3A. Approval of Minutes . Approval of the minutes of the regular Council meeting of July 21, 1998 . 3B. Approval of Bills . Approval of payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on July 21, 1998 . Approval of checks isQUQd for vouchers : Date Check Numbers Amount 7/15/98 202777-203059 $ 651, 749 . 68 7/15/98 203060-203546 3 , 230 , 301 . 93 $3 , 882 , 051 . 61 A,puroval of checks i0gued for payroll for July 1 through July 15 , and paid on July 20 , 1998 : Date Check Numbers Amount 7/20/98 Checks 228977-229339 $ 292 , 553 . 35 7/20/98 Advices 68109-68655 797 590 . 97 $1 , 090 , 144 . 32 Council Agenda Item No. 3 A-B Kent, Washington July 21 , 1998 Regular meeting of the Kent City Council was called to order at 7 : 00 p .m. by Mayor White . Present : Councilmembers Amodt , Brotherton, Epperly, Orr, Woods, and Yingling, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Public Works Director Wickstrom, Planning Director Harris, Parks Director Hodgson, and Finance Director Miller. Councilmember Clark was excused from the meeting. Approximately 25 people were in attendance . Pacific Trade PUBLIC COMMUNICATIONS ZXQhanQe, Barbara Ivanov of the Chamber of Commerce thanked Mayor White, Tom Brotherton, and May Miller and her group for their efforts during the recent trip to China and Taiwan. She dis- played photos of the group at various locations during the trip, and explained that they were there to recruit Taiwanese and Chinese companies to the Food World event and to strengthen their long-term relationships . She distributed copies of the 1998 Asia Pacific Trade Mission Report and thanked the Mayor, Council , staff and citizens for - their financial and personal support . A brief discussion regarding growth, business, and education in Shanghai followed. xPnt Chamber of Coa¢nerce July Vo�L�teers of the Month• Barbara Ivanov introduced members of the Sister City Committee and noted that they had raised over $51 , 000 to build a park in Yangzhou. She commended them for their energy and enthusiasm and presented them with the Volunteer of the Month plaque . May Miller stated that it took two years to raise the necessary funds and thanked all who contributed. CONSENT ORR moved that Consent Calendar Items A through CALENDAR O be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) An�roval of Minutes . APPROVAL of the minutes of the regular Council meeting of July 7 , 1998 . 1 Kent City Council Minutes July 21 , 1998 SEWER (BIDS - ITEM 5A) r TD 349 4 F 223rdSewer. The � •�_ bid opening for this project was held on June 30th with five bids received. The apparent low bid was submitted by Laser Underground in the amount of $284 , 456 . 96 . The Engineer' s estimate was $269 , 412 . 17 . The Public Works Director recom- mends that upon his concurrence, the Mayor be authorized to either award the contract to the lowest most satisfactory responsible bidder or to reject all bids . Public Works Director Wickstrom explained that the bids received were higher than the estimate and budget, which would result in potentially signifi- cantly higher LID assessments . He said that notices were sent to property owners telling them what the final assessment could be based on the bids and asking whether to proceed or not . He said this resulted in 68% in favor of going ahead, but that they are waiting until next week to act, so that figure could change . He noted that even if authorization is granted tonight, the project may not happen if four more 'Inc" votes are received. BROTHERTON MOVED that upon concurrence by the Public Works Director, the Mayor be authorized to either award the LID 349 - S .E . 223rd Street Sanitary Sewer contract to the lowest most satisfactory responsible bidder or reject all bids . Epperly seconded and the motion carried. LIMITED STREET (CONSENT CALENDAR - ITEM 3G) F9d Street T•icense. LICENSE Pacific F },cr link L L C AUTHORIZATION for the Mayor to sign the License Agreement with Pacific Fiber Link, upon approval of the final contract language by the Public works Director and the City Attorney, as recommended by the Public Works/Planning Committee . Pacific Fiber Link has requested that the City grant a limited street license to use a portion of West Valley Highway to construct , install, 2 Kent City Council Minutes July 21, 1998 LIMITED STREET operate, inspect, maintain and repair an LICENSE underground fiber optic cable route between 180th Street South and 277th Street South. In con- sideration of granting this license, Pacific Fiber Link will construct, install, and grant to the City a separate 4" conduit that will run the full length of West valley Highway (approximately 40 , 000 linear feet of open conduit for the City' s use) . The City has yet to finalize Exhibit B until the City has completed its selection of all specific access points for the City' s conduit . SCHOOL IMPACT (CONSENT CALENDAR - ITEM 3H) FEES School District Capital Facilities plan Amend=nt ADOPTION of Ordinance No. 3412 amending the Capital Facilities Plan Element of the Kent Comprehensive Plan relating to Capital Facility Plans for the Kent and Federal Way School Districts . On July 7 , 1998, the City Council approved a recommendation from the Land Use and Planning Board to amend the Capital Facilities Plan Element of the Kent Comprehensive Plan to adopt the Capital Facility Plans for the Kent and Federal Way School Districts . PLATS (CONSENT CALENDAR - ITEM 3L) Fox RidaP Addition No 1 Final Plat FSU-96-14 . SET August 4 , 1998 , as the date for a public meeting to consider the final plat application submitted by DMP, Inc . , for the Fox Ridge Addition 41 Final Plat . The City Council approved the preliminary plat with conditions on November 18 , 1997 . (CONSENT CALENDAR - ITEM 3M) Stone Wood Preliminary plat SU-97-13 , SET August 4 , 1998 , as the date for a public meeting to consider the Hearing Examiner' s recommendation of approval with conditions for preliminary plat application Stone Wood by BP Land Management . 3 Kent City Council Minutes July 21 , 1998 COMMUTER RAIL (OTHER BUSINESS - ITEM 4A) (ADDED BY COUNCIL PRESIDENT ORR) CommLter Raii Site. Orr noted that at the last Council meeting copies of a petition with over 1 , 200 signatures were presented, and that it is her understanding there are now several hundred more signatures on it . She explained that the Council had sent a letter requesting that Sound Transit revisit the issue and that no response has been received. She suggested sending a follow-up letter asking for a response, and noted that such a letter has been drafted and copies provided to Councilmembers . SHE MOVED that the letter be sent to Mr. Bob Drewel, Sound Transit Board Chairman. Epperly seconded and the motion carried. REGIONAL (OTHER BUSINESS - ITEM 4B) GOVERNANCE (ADDED BY OPERATIONS DIRECTOR MCFALL) Regional Gov McFall stated that the Suburban Cities Association has been involved in discussions with King County and City of Seattle officials about the Regional Governance and Finance process, and explained that this is an effort to redefine the responsibilities and financing of government services in King County. He said that the process has resulted in a pro- posal dealing with a number of issues for review and consideration, and the Suburban Cities members rejected the proposal unanimously. He noted that he and Mayor White have been on the Suburban Cities committee to develop a counter-proposal, and that Suburban Cities requires a response from all cities no later than August 7 as to whether or not they will support this as the Suburban Cities official negotiating position. He emphasized that it is not ratification. McFall then explained the differences in the previous proposal and the proposal before Council tonight : An mai Control : Other than minor language revisions, it would not change . 4 Kent City Council Minutes July 21, 1998 REGIONAL ZQQ19.: Delete the original proposal entirely; GOVERNANCE pools would not be transferred to the cities; an 18-month study is proposed. Woodland Park Zoo: Original proposal is accept- able with the addition of "non-supplanting" language . Servic_es .- Original proposal is acceptable . Courts of Lim' *Pd Jurisdiction_ Essentially acceptable, but since there are issues for cities in the district court system, SCA' s position is that this be withdrawn from consideration in this round of discussions . potent l nex tion Areas Urbaervices an Slav of d of pities Suburban Cities ' proposal calls for two levels of service : rural and transition. The tax revenue generated from the rural areas is not sufficient to provide even a basic rural level of service and therefore there would be some subsidy of that rural area from the more densely populated urban areas, which is acceptable to Suburban Cities . The proposal is that the rural subsidy would be capped in 1998 dollars at $16 , 700 , 000 which is approximately 10% of the County' s current expense fund. The proposal for transition areas is to resolve all outstanding potential annexation area boundary issues and enter into agreements with respect to them. An incentive for annexation would be created of $50 , 000 , 000 per year for ten years in existing County revenues which would be applied to the annexation area infrastructure . The County must live within the revenue stream generated from those areas but they would only be required to do so where a city has stated it ' s commitment to annex that potential annexation area within ten years . 5 Kent City Council Minutes July 21, 1998 REGIONAL Upon the request of a city, the County would adopt GOVERNANCE that City' s development standards inside the potential annexation area, so that any future development would be done in accordance with the City' s standards . Human Se_ - The original proposal called for a variety of human services which are now being provided locally to be provided as regional services, and it called for the transfer of funds in a fairly complicated formula from the cities to King County to pay for that . The counter-proposal calls for a basic package of nine regional human services, and the county would fund these services from a combination of its existing funding and Net Regional Revenues at a local equivalent to current suburban city efforts . County expenditures would be tracked and allocated by the subregions . A two-year transition period would occur, during which time the city contracts would be transferred to the county and they would be continued at that level for the transition period, allowing the cities to participate in making decisions about changes through a subregional planning effort . The original proposal withdrew funds from the city; the counter-proposal does not take those funds away, so the Council would have the ability to continue some additional level of human services funding beyond what the county is doing. McFall recommended the proposal to the Council , and said it would provide a unified position for the negotiators . He reiterated that action needs to be taken soon. He noted for Yingling that the City of Seattle ' s main concern is funding for the ZOO . Woods voiced concern about human services but said she is comfortable with the proposal . Mayor White said that although he is uncomfortable with the subsidy of areas outside the urban growth lines, he will support it . Orr commended the staff and elected officials who have been involved, and said McFall did a fine job in responding to the questionnaire . She said she is 6 Kent City Council Minutes July 21, 1998 REGIONAL pools : Delete the original proposal entirely; GOVERNANCE pools would not be transferred to the cities; an 18-month study is proposed. Woodland Park goo: Original proposal is accept- able with the addition of "non-supplanting" language . qi)eci-1 ' 7.ed e Serviced Original proposal is acceptable . ( Hurts of Limited Jurisdiction: Essentially acceptable, but since there are issues for cities in the district court system, SCA' s position is that this be withdrawn from consideration in this round of discussions . Potential Annexation Areas Urban Subsidy of Services Outside of ities : Suburban Cities ' proposal calls for two levels of service : rural and transition. The tax revenue generated from the rural areas is not sufficient to provide even a basic rural level of service and therefore there would be some subsidy of that rural area from the more densely populated urban areas, which is acceptable to Suburban Cities . The proposal is that the rural subsidy would be capped in 1998 dollars at $16 , 70o , 000 which is approximately 10% of the County' s current expense fund. The proposal for transition areas is to resolve all outstanding potential annexation area boundary issues and enter into agreements with respect to them. An incentive for annexation would be created of $50 , 000 , 000 per year for ten years in existing County revenues which would be applied to the annexation area infrastructure . The County must live within the revenue stream generated from those areas but they would only be required to do so where a city has stated it ' s commitment to annex that potential annexation area within ten years . 5 Kent City Council Minutes July 21, 1998 REGIONAL comfortable with moving forward on this issue GOVERNANCE tonight . WOODS MOVED that the Council approve the Suburban Cities Association Revised Proposal on Regional Finance and Governance, and that the Mayor be directed to notify the Suburban Cities Association of the Council ' s action not later than August 7, 1998 . Orr seconded and the motion carried. COMMUNICATIONS (CONSENT CALENDAR - ITEM 3C) US West Communications Contract Amendment. AUTHORIZATION for the Mayor to sign the amended contract with US West Communications to increase the commission for the telephones used by inmates at the Kent Corrections Facility. OFFICE SPACE (CONSENT CALENDAR - ITEM 3D) LEASE Gowe Street Office Leas - - AUTHORIZATION for the Mayor to sign the lease agreement for office space at 407 West Gowe Street to house the Family Violence Unit, which includes the Municipal Court Probation Department, plus branches of the Police Detective Unit and City Attorney Prosecution Staff, and additionally to establish an operating budget of $26, 456 to pay rent for September through December, 1998 . Additional office space is needed to house staff from the City of Kent Family Violence Unit . The Parks Facilities Division recommends entering into a lease agreement for office space located at 407 West Gowe Street and establishing an operating budget of $26, 456 to cover leasing costs for the remainder of 1998 . FACILITIES (CONSENT CALENDAR - ITEM 3E) Faculties Condition Assassment, AUTHORIZATION for the Mayor to sign a contract with Pack and Associates not to exceed $81, 250 to perform a City facilities assessment . 7 Kent City Council Minutes July 21, 1998 FACILITIES Staff determined a facilities condition assess- ment is imperative to evaluate the City' s aging facilities and aid in establishing a preventative maintenance schedule for all City buildings . Pack and Associates was chosen through RFP to perform the assessment . POLICE (CONSENT CALENDAR - ITEM 3J) DEPARTMENT Taw Enforcement Education Partnership and Department of Community Trade and Economic Development Grants. ACCEPTANCE of the Law Enforcement Education Partnership Program (LEEP) grant in the amount of $30 , 000 . This is Year Three and funding will be used for temporary part- time staff as well as providing materials, profes- sional services, and other support for the youth wellness conference, plus campus follow-up pro- jects for Jr/Sr high youth in eight South King County School Districts . (CONSENT CALENDAR - ITEM 3K) South King County Narcotics Task Force Grant. ACCEPTANCE of the South King County Narcotics Task Force Grant and establishment of a budget . The grant for the Multi-Jurisdictional Narcotics Task Force is administered by Washington State Community Trade and Economic Development via the U. S . Department of Justice . Grant funding is in its llth year, and is in the amount of $220 , 862 plus $43 , 920 for prosecutorial assistance . In addition, each city on the Task Force contributes $31, 500 for the 1998/99 budget that begins July 1 , 1998 , and runs through June 30 , 1999 . These funds assist with salaries, equipment, and office expenses . Total budget would be $548 , 763 , which includes $157 , 981 from the seizure fund account . Formal documentation is forthcoming from the U. S . Department of Justice . 8 Kent City Council Minutes July 21 , 1998 POLICE (CONSENT CALENDAR - ITEM 30) DEPARTMENT Washington Traffic Safety-Commission Grant- ACCEPTANCE of the Washington Traffic Safety Commission Grant in the amount of $28 , 012 for the City of Kent Drinking Driver Task Force to use during the 7/1/98 through 6/30/99 funding period. This represents a 16-year highway safety partner- ship between Kent and the State of Washington. Program areas will include : Occupant Protection (safety belts) , Impaired Driving, Community Traffic Safety (youth and adult) , and Bike/ Pedestrian/Motorcycle Safety. FIRE (CONSENT CALENDAR - ITEM 3F DEPARTMENT Fire Department Position. APPROVAL of the addition of a position equivalent to one Assistant Fire Marshall and authorization of a budget amendment in the amount of $39, 000 . (CONSENT CALENDAR - ITEM 3I) Fire new rt ent Purchase of Hydraulic Ram ACCEPT the grant funds received by the State of Washington and authorize the Fire Department to apply such funds towards the purchase of an Amkus Ram and Ram Extension. The Fire Department received a $1, 200 grant from the State of Washington "for the purposes of the State Trauma Care System. " As stated in the letter from Janet Griffith, Director of the Office of Emergency Medical and Trauma Protection, these funds may be used for trauma equipment . Recently the Fire Department purchased an amkus rescue tool but due to a price increase were unable to pur- chase the ram and ram extension. The price of the ram and ram extension was approximately $1 , 738 , which exceeds the $1, 200 grant check, but the grant money would go a long way towards the purchase of the vital trauma equipment . Funds within the current operating budget could be prioritized to cover the difference . 9 Kent City Council Minutes July 21 , 1998 PARKS & (CONSENT CALENDAR - ITEM 3N) RECREATION Russell Road Tree Removal Project. ACCEPT the Russell Road Tree Removal Project as complete and authorize release of retainage to Wyndham Design, upon notification of releases from state agencies . The Superintendent of Parks Planning and Development has approved the project . (BIDS - ITEM 5B) Garrison Creek Park Renovation Project. The Garrison Creek Park Renovation project consists of renovating an existing neighborhood park include- ing resurfacing tennis and basketball courts, relocating the parking lot, utilities, restroom improvements, automatic irrigation system, public art, and tree planting. The Engineer' s estimate is $388 , 824 . 00 (base bid) . Four bids were received and read aloud on July 13 , 1998 . Parks Director Hodgson explained the priorities which were taken into consideration and noted that the company with the lowest base bid is not being recommended because the company with the second lowest base bid had lower alternates . He recommended that Fuji Industries be awarded the contract . WOODS MOVED that the Garrison Creek Park Renovation contract be awarded to Fuji Industries, Inc . in the amount of $407 , 643 . 00 , which includes base bid plus Alternates 3 , 4 , 5 , 6 , 7 , 8 , 11, 12 , 13 and 14 . Epperly seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills . APPROVAL of payment of the bills received through June 30 and paid on June 30 , 1998 , after auditing by the Operations Committee on July 7, 1998 . 10 Kent City Council Minutes July 21 , 1998 FINANCE Approval of checks issued for vouchers : Date Check Numbers Amount 6/30/98 201947-202303 $ 271, 451 . 07 6/30/98 202304-202776 1 , 868 , 588 . 10 2 , 140, 039 . 17 Approval of checks issued for payroll for June 1 through June 15, and paid on June 19, 1998 : Date Check Numbers Amount 6/19/98 Checks 228270-228620 $ 264 , 207 . 31 6/19/98 Advices 67019-67566 765 . 356 . 80 $1, 029, 564 . 11 Approval of checks issued for payroll for June 16 through June 30, and paid on July 2 , 1998 : Date Check Numb r Amount 7/2/98 Checks 228621-228976 $ 263 , 609 .46 7/2/98 Advices 67567-68108 734 , 257 . 34 $ 997, 866 . 80 REPORTS Council President. Orr noted that the National League of Cities meeting will be held in December and asked that any Councilmember interested in attending contact Ms . Banister as soon as possible . Administrative Reports Mayor White noted that no new apartment complexes have been built in the last few years, due to the efforts of Administra- tion and the support of Council . He explained that the General Commercial zone permits multiple family projects to be constructed as a mixed use, but does not require a commercial element to be developed as part of the project , and noted that this is inconsistent with the concept of mixed use and can result in construction of new stand-alone apartment complexes . He noted that this is happening on North Central Avenue, and said he does not believe this is in keeping with the policy direction of the Council . He asked the Council to refer this matter to the Land Use and 11 Kent City Council Minutes July 21, 1998 REPORTS Planning Board for a recommendation on changing the General Commercial zone permitted uses, and to further explore regulation of stand-alone apart- ment complexes . He also asked staff to explore any possible incentive programs for owner occupied multi-family dwellings (condominiums) . He said that the communities being built at The Lakes are a good example of condominium complexes . Orr stated that she had asked staff two years ago to develop a plan that would create condominium zones which would not allow stand-alone apartments but would require ownership of the units . There was no objection to sending this issue to the Land Use and Planning Board. EXECUTIVE At 8 : 00 p .m. , McFall noted an Executive Session of SESSION approximately fifteen minutes to discuss property negotiation and pending litigation. ADJOURNMENT The meeting reconvened and adjourned at 8 : 15 p .m. Brenda Jacd er, CMC City Clerk--/ 12 Kent City Council Meeting Date August 4 1998 Category QQ=gnt Calendar 1 . SUBJECT: KING COUNTY WORK TRAINING PROGRAM GRANT - ACCEPT AND AMEND BUDGET 2 . S NN RY STATEMENT: Acceptance of a King County Community Services Division grant awarded to the Parks and Recreation Youth/Teen Program Work Training Program in an amount not to exceed $12 , 380 and amendment of the budget . The project is titled Kent Youth Conservation Corps and involves teens cleaning, maintaining and developing parks and rails, and other special projects as assigned. 3 . EXHIBITS: King County letter of award 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3C 0( King County Community Services Division ^w Work Training Program Deparuneutol' coattimm ty and Human Services Kev Tower 700 Fifth Avenue,371h Floor Seattle,WA 9610-1-5037 (206)296-5220 (206)205-6565 FAX (206)296-524.2 TrY/I'DD June 1, 1998 Ms. Chervl Fraser, Manager City of Kent Parks & Recreation 315 E. Meeker St. Kent. WA 98031 RE: King County Work Training Program's Intent to Contract Dear Ms. Fraser: Thank you very much for working with the King County Work Training Program (WTP) to operate a summer program this year. This will serve notice of WTP's intent to contract with the City of Kent Parks & Recreation for the project titled Kent Youth Conservation Corps. The contract amount will not exceed S13,380. Copies of the contract should arrive some time during the first part of June for your signature. Meanwhile, it is important that your staff coordinate efforts with WTP staff to ensure that youth identified for participation in the program have completed applications and are eligible for the summer program. Please contact Bonnie Hester at205-6495 if you have any questions regarding project start. up acdvi We are looking forward to working with you in the coordination of an exciting and successful summer project. Sincerely. Debra Wood Administrative Assistant 7Z Kent City Council Meeting Date Auau;r 4 - i998 Category Consent a 1endar 1 . SUBJECT; KING COUNTY ARTS COMMISSION GRANT - ACCEPT AND AMEND BUDGET 2 eM M L STATEMENT: Acceptance of a $6, 625 grant from the King County Arts Commission 1998 Sustained Support Program to Kent Parks and Recreation Cultural Division, and amendment of the budget . Funds will provide artistic services and opportunities for a variety of special event programs, including summer concert series and Kids ' Arts Day. 3 . EXHIBITS: King County letter of award 4 . RECOHENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . M1 TED FISCAL/pFRSONNET IMPACT: NO X YES 6 . EXPENDITURE RE UIRED: $ SOURCE OF FUNDS_: 7 . 9 Tv QQPNCTU. ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3D AL I King County Executive RON SIMS June 3, 1998 Ms. Tracey Wickersham Kent Arts Commission 220 Fourth Avenue Kent, WA 98032 Dear Ms. Wickersham: I am happy to inform you that the Kent Arts Commission has been awarded $6,625.00 through the King County Arts Commission's 1998 Sustained Support Program. The Sustained Support Program funds King County arts organizations—of ail disciplines— that provide artistic services and opportunities to King County residents. Through these awards, King County joins its public and private partners in providing much needed operating support to the broad infrastructure of arts organizations that comprise our thriving cultural community. In an effort to streamline administrative costs for arts organizations, King County has suecessfiilly collaborated with other regional tunders to standardize financial reporting requirements. The standardized requirements have proven successful in reducing the time recipients spend in preparing annual applications. Arts Commission staff will contact you regarding your award and contract for services. Please feel free to call the Office of Culturai Resources at (206) 296-75SO, if you have any questions or would like further information. Through this and other programs, King County seeks to support the vast array of organizations that have programs and services that are enriching to our :fives and the lives of our children. Thank you for vour contribution to the rich cultural life of our region. I Ron Sims King County Executive cc: Leonard Garfield, Manager, Office of Cultural Resources KQNr COL NTY COURTHOUSE z16 THIRD AVENC c. ROOM 400 SE.a-':-LE. W.=_ 98104-327. i206i 296-4040 296-0194 =_-X 296-0200 TDD E-maik ron.simsc-metroke.gov -i� King ccurry is an E=ai capon_-nity l--."arive Action Empiover arc omcues.vrtn sae Amer cans,,n Cisaoiuhes mac: _- r Kent City Council Meeting Date August 4 . 1998 Category Consent Calendar 1 . SUBJECT: KENT ROTARY DONATION - ACCEPT AND AMEND BUDGET 2 . SUMMARY STATEMENT: Acceptance of a donation in the amount of $1, 489 from the Kent Rotary, and amendment of the budget . The annual Kent Rotary auction donates half of the dollar amount of purchases from each table designated to an organiza- tion back to that organization. This year the Kent Parks and Recreation Department table purchased $2 , 978 in auction items, resulting in a Kent Rotary donation of $1 , 489 back to Kent Parks and Recreation to be used for the Meridian Glen Park play equipment purchase. 3 . EXHIBITS: Kent Rotary letter of donation 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E RENT P41 <11" CLUB Y post office Box 1432 Kent.Washington 98035 Julv 7, 1998 Kent Parks&Recreation Dept. 220 Fourth Ave. S Kent,WA 98032 RE: Kent Rotary Foundation Donation Enclosed is a check in the amount of S 1,489 which represents one-half of the purchases designated for the Kent Parks& Recreation Department at Escapades `98,the Kent Rotary Club's annual auction. Table purchases were organized by Pam McFall. Nest vear's auction will be held on Saturday,Mav 8. Our club will again donate half of the dollar amount of purchases at a table designated for your organization. The table must be paid for in advance to qualify for this sharing of proceeds. More than one table may be purchased. We will be providing more information as the date draws near. We look forward to working together again to benefit the Kent community. Best regards, r :John S. Perry Rotary Club President, 1998-99 r7 Kent City Council Meeting Date AuQu�* a i998 Category '' Q CA endar 1 . SCn3JECT: 32ND AVENUE SOUTH STREET VACATION - RESOLUTION SETTING HEARING DATE 2 . 71�,�ARY STATEM : As recommended by the Public Works/ Planning Committee, adoption of Resolution No. setting the public hearing date of September 15th for the 32nd Avenue South Street Vacation. 3 . FXHIBITS: Public Works/Planning minutes, Public Works Director memorandum, petition, vicinity map and resolution 4 . RECOMME M U: Public Works/planning Committee , (Committee, Staff Examiner, Commission, etc . ) 5 . 77i34T7flC'FTFD FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPEIQJIJURE REQUIRED: $ SOURCE QF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F Leona Orr noted that a look at the overtime budget prior to the annexations as well as since the annexations, would be helpful. Leona asked if we are any closer to getting numbers from the County that talk about their numbers of potential population growth. Harris stated that we have been working with the County and have had to adjust our own numbers because of our annexations. Leona stated it would be helpful to have that information as well. In response to Leona, Harris said the next annexation would come into the city in sections. (� 32nd Avenue South Street Vacation `-Y Wickstrom said we have received a petition to vacate a portion of 32nd Avenue which is unopened right-of-way and by law, we have to act on that request and Council needs to set a date for a public hearing by resolution. Committee unanimously recommended adoption of a resolution setting a hearing date for the 32nd Avenue South Street Vacation. Water District #I I I Easement Agreement Wickstrom explained that this is on the East Hill at 124`' Ave SE in a small subdivision adjacent to Seven Oaks East, north of Kent I(angley. There is a portion of a tract which was deeded to us as part of the short plat which services our detention basin and now the district believes they need an easement to run a waterline down that tract. Committee unanimously recommended authorization for the Mayor to sign the Easement Agreement with Water District #I I 1 situated within the plat of Seven Oaks Addition. Added item: LID Covenants Wickstrom - We have mitigation/LID agreements, which are expiring. In 198S the legislature passed a law stating that LID agreements and commitments to LID agreements could only nun for a period of 10 years. Prior to that, we had executed LID covenants for improvements of property owner frontage, and those covenants have run in perpetuity essentially. Some of those are still outstanding. We also have executed agreements regarding participation in the Corridor projects through SEPA where the property owner can either execute an agreement or do a traffic study and do all the improvements. Nearly 100% of them have chosen to execute a mitigation agreement and part of that agreement is the participation in an LID. That portion lapses since 1983. Right now we have mailed approximately 10 notices affecting 9 different developments; one has two streets. We are required to notify DEPARTMENT OF PUBLIC WORKS July 17, 1998 TO: Public Works(Planning Committee FROM: Don Wickstrom RE: 32"d Avenue South Street Vacation We have received a valid petition from Doug and Ronda Mitch to vacate a portion of 32"d Avenue South. In accordance with state law, a Public Hearing thereon must be held. As such, we recommend adoption of a resolution which sets the Public Hearing date. ACTION: Recommend adoption of a resolution setting a hearing date for the 32nd Avenue South Street Vacation. City of [EEO IT COPY RECEIVED O " D Kent City AttOlw, 'CIT YOF KLNT APPLICANT: MAIL TO: Doug and Ronda Mitch NAME: CITY OF KENT Property Management Address: FO Box 98866 220 so. 4th Ave. Kent, WA 98032 Des Moines WA 98198 Attn: Phone: (206) 8 24-7012 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby respectfully request that certain P ortiona of the hereby be vacated. (General Location) j 32nd Ave. South Right of Way. Legal description (Must Contain Total Square Feet of Area Sought To Be Vacated) That portion of the 32nd Ave. South Right of Way lying northerly of the Southwest property corner of Lot 1 of Richards Hy-Line Acres, and southerly of the Northeast property corner of Lot 5, Block 4 of Federal- Highway Addition, located in Sec. 15 & Sec. 16, T22N, R4E, W.M., containing approx. 13,000 BE. BRIEF STATEMENT WHY VACATION IS BEING SOUGHT _ The subject area has never been utilized for street Right-of-Way, and has always been maintained by the adjacent private property owners. Recently, the area has ite ing lth Vacation ispsoughtasos that fthe or vproperty can sbetput toa better d hazards.safety beneficial use, and so security measures can be implemented by the adjacent owners. Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual 's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200 ' of the area sought for vacation. (NOTE) Map must correspond with legal description. TAX LOT f ABUTTING PROPERTY ADDRESSES LOT, BLOCK & PLAT/SEC. T14H. RG SIGttE. H ANDESSES 2500600411 Ito ,y S�+ l Hw Adi S, 60' Lot 500�} 4, Federal Hwy Add. Avr. Sovrh 2500 Ethel Du N. 100' , E 100' , Lot 6, Blk 4, Federal Hwy Add — — 72b62QIIt310 thel Duff ��C7, ,17 A p h Lot 2, Richards Hy - Line tree Sc r 1" - �S0T66005 f Worlds Greatest Book:. . Lot 1, Richards Hy - Line Acres $150.02�axx-32na Ave4th Treasurer's Receipt No. Appraisal Fee Paid 0 Fee Paid Treasurer's Receipt llo. Appraisal Land Value Paid Treasurer's Receipt tlo. Deed Accepted Date - Trade Accepted Date 5224.33A (( ++i nit.vc H� li '' c1uN�70N 99032 S8951 ENGINEE RING 1206I6 Sq. 3631 OPEnATIONS(2061859 3395;F A 4659.3334 It 30 Lt' a �. C — m c �r ► C _ r� U L 1 to 60 t tisa 1�c6 ely '.. CITY CF Kc; I LU o 13a'9 1 ' QT( CLERK w-715 _ T�� 5. THE OF Lf„!E g I Iumm NF 14 Q ®lad T rn, .` g 1 y D I . c ^ Z36243 ,,CS ICI _ l•A E l „ �A�F g LP .i '_off •--�-- _ ei � �' , �, ll "AA --- - - to �: . ----- A „ 4 = l O_ 1 � t. ` .I Ji 529 a t i1�lt��e F 50 nn+ni p\\Ctl lgt i RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, regarding the vacation of a portion of 32nd Avenue South, a dedicated, unopened street, south of its terminus at the 1-5/Kent—Des Moines Road interchange, and setting the public hearing on the proposed street vacation for September 15, 1998. WHEREAS, a petition, attached as Exhibit A, has been filed by various property owners to vacate a portion of 32nd Avenue South, a dedicated, unopened street south of its terminus at the I-5/Kent—Des Moines Road interchange, in the City of Kent, King County, Washington; and WHEREAS, these property owners own at least two-thirds of the property abutting that portion of 32nd Avenue South that is now being sought to be vacated; and WHEREAS,the petition is in all respects proper; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of 32nd Avenue South shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, September 15, 1998, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Chapter 35.79 RCW. ... 1 SECTION 3. The Planning Director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on September 15, 1998. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1998. Concurred in by the Mayor of the City of Kent, this_,day of 1998. BM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH. CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1998. BRENDA JACOBER, CITY CLERK P^LWRESOLUTRSTVAC"RES.doc 2 ............ Kent City Council Meeting Date August 4 199E Category consent Calendar 1 . SUBJECT: WATER DISTRICT #111 EASEMENT - AUTHORIZATION 2 . a*nKMnRY STATEMENT: Authorization for the Mayor to sign the agreement with Water District #111 , as recommended by the Public Works/Planning Committee . The Public Works Department has received an Easement Agreement from Water District #111 for the purpose of granting the District an easement to install a waterline through the plat of Seven Oaks . 3 . EXHIBITS: Public Works/Planning Committee minutes, Public Works Director memorandum, and easement agreement 4 . REC MENDED BY: Public Works/planning Committee (Committee, Staff , Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CTTY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3G Leona Orr noted that a look at the overtime budget prior to the annexations as well as since the annexations, would be helpful. Leona asked if we are any closer to getting numbers from the County that talk about their numbers of potential population growth. Harris stated that we have been working with the County and have had to adjust our own numbers because of our annexations. Leona stated it would be helpful to have that information as well. In response to Leona, Harris said the next annexation would come into the city in sections. 32"a Avenue South Street Vacation Wickstrom said we have received a petition to vacate a portion of 32"d Avenue which is unopened risTht-of-wav and by law, we have to act on that reQuest and Council needs to set a date fora public hearing by resolution. Committee unanimously recommended adoption of a resolution setting a hearing date for the 32"d Avenue South Street Vacation. (� Water District #I I I Easement Agreement Wickstrom explained that this is on the East Hill at 124' Ave SE in a small subdivision adjacent to Seven Oaks East, north of Kent Kangley. There is a portion of a tract which was deeded to us as part of the short plat which services our detention basin and now the district believes they need an easement to run a waterline down that tract. Committee unanimously recommended authorization for the Mayor to sign the Easement Agreement with Water District #1 1 1 situated within the plat of Seven Oaks Addition. Added item: LID Covenants Wickstrom - We have mitigation/LID agreements, which are expiring. In 1988 the legislature passed a law stating that LID agreements and commitments to LID agreements could only run for a period of 10 years. Prior to that, we had executed LID covenants for improvements of property owner frontage, and those covenants have run in perpetuity essentially. Some of those are still outstanding. We also have executed agreements regarding participation in the Corridor projects through SEPA where the property owner can either execute an agreement or do a traffic study and do all the improvements. Nearly 100% of them have chosen to execute a mitigation agreement and part of that agreement is the participation in an LID. That - portion lapses since 1988. Right now we have mailed approximately 10 notices affecting 9 different developments; one has two streets. We are required to notify DEPARTMENT OF PUBLIC WORKS July 21, 1998 TO: Public Works/Planning Committee FROM: Don Wickstrom RE: Water District #I I I — Easement Agreement We are in receipt of the attached Easement Agreement from Water District #111. They are requesting this easement from the City for the purpose of installing water lines within the plat of Seven Oaks. The City owned easement runs along S. E. 263`d Street and we are requesting Committee's recommendation to authorize the Mayor to sign said agreement. I will give a further description of this item at the Committee meeting. MOTION: Recommend authorization for the Mayor to sign the Easement Agreement with Water District #111 situated within the plat of Seven Oaks Addition. Filed for Record at the request of: KING COUNTY WATER DISTRICT NO. 111 27224 - 144TH Avenue Southeast Kent, Washington 98042 Easement No.: 28-22-5-1017 Project: SEVEN OAKS ADDITION Tax Parcel ID#: 282205-9160 Grantor(s): CITY OF KENT, a Washington municipal corporation 220 4`h Avenue South Kent, Washington 98032-5895 Grantee(s): KING COUNTY WATER DISTRICT NO. 111 AGREEMENT FOR EASEMENT THIS AGREEMENT, made this day of 19 , by and between KING COUNTY WATER DISTRICT NO. 111, a municipal corporation of the State of Washington, called the 'The District', herein, and CITY OF KENT, a Washington municipal corporation, called the "Grantor", herein. _ RECITALS- f-i A. Grantors are the owners of real property located at 124`" Avenue SE/SE 263RD Street, Kent. WA , legally described as follows: Tract B of Seven Oaks Addition, City of Kent Short Plat #SP-96-4, according to the Short Plat thereof recorded in Volume 117 of Surveys, pages 144 through 144B, inclusive, records of King County, Washington and deeded to City of Kent under Recording No. 9708110437, records of King County, Washington. B. The District requires an easement for water lines, appurtenances, water facilities and utilities over and across Grantors' property at a location F:Z4=600=1017ESM.00c PAGE 1 OF 4 November 20,1997 Easement No.: 28-22-5-1017 described in paragraph 1 below. AGREEMENT 1. Grant of Easement/Consideration. In consideration of ten dollars ($10.00), receipt of which is hereby acknowledged, and of the mutual covenants and promises described herein and the other good and valuable consideration, the adequacy of which is hereby acknowledged, Grantor hereby grants, conveys, and quit claims to The District an easement over and across the following real property for water lines, appurtenances, water facilities and utility purposes: That portion of the above-described real property further described as follows: The north 182.00 feet of said Tract B. 2. "Water Main Purposes" Defined. "Water Main Purposes" as used in this Agreement includes the installation, operation, maintenance, and removal of water lines, appurtenances, water facilities and utilities thereto, together with the nonexclusive right to ingress to and egress from said easement for the foregoing purposes. 3. Cost of Construction and Maintenance. The District shall bear and promptly pay all costs and'expenses of construction and maintenance of the water lines, appurtenances, water facilities and utilities in or upon said easement. 4. Use of Property by Grantor. The Grantor shall retain the right to use the surface of the easement if such use does not interfere with the grant of easement herein. The Grantor shall not erect buildings or structures of a permanent nature on the easement during the existence of said easement. __C�_ ' _ja 5. The District's Use and Activities. While exercising its right granted herein, The District shall endeavor to minimize and avoid, to the extent possible, damage to any existing private improvements on the easement. If any damage occurs, The District shall repair and/or replace said improvements. 6. Restoration. After entry upon the easement, The District shall restore Grantor's property to its original condition. Photographs will be taken by the District prior to entry on the easement to assure the completeness of restoration. Final restoration will include, but not be limited to, sod replacement in existing lawn, hydroseeding in unimproved areas, replanting of existing shrubs and bushes or replacement of same. Large trees that exist within the easement may be removed during construction unless otherwise noted in this Easement Agreement. Fences, FA34\086\oocs1017EsM.00c PAGE 2 OF-. -4 Novembw 20,1997 Easement No.: 28-22-5-1017 rockeries, concrete, asphalt, and/or gravel driveways, etc., will be repaired or replaced at District expense. 7. Indemnity. The District will compensate the Grantor for any damage resulting from any possible interference with the natural flow of surface waters, subsurface waters, and/or ground waters resulting from District activities on the easement. Grantor understands that any digging by The District on the easement may disturb the soils composition within said easement. 8. Attorney's Fees. In case suit or action is commenced by any party to enforce any terms of this Agreement, the prevailing party as determined by the ultimate trier-of-fact, shall be compensated by the other party, in addition to costs provided by statute, such sum as the trier-of-fact may adjudge reasonable as attorney fees. 9. Easement to Bind Successors. The easement granted herein is a covenant running with the land and shall be binding on the successors, heirs, and assigns of the parties hereto. 10. Duration. The term of this Agreement shall be perpetual, unless all parties mutually agree to the termination of this Agreement and the rights and privileges herein provided. 11. Other. IN WITNESS WHEREOF, we have set our hands and seals this day of , 19 CITY OF KENT a Washinaton municipal corporation •. F:131108600=1017ESM.D0C PAGE 3 OF,6r November 20,1997 Easement No.: 28-22-5-1017 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day of 19_, before me personally appeared and to me known to be the and respectively, of CITY OF KENT, a Washington municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free act and deed of said corporation, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year above written. Type Name: NOTARY PUBLIC for Washington Residing at: My Commission Expires: FA34W6610 0=1 01 7ESM.DOC PAGE 4 0F�6' November 20,1997 Kent City Council Meeting Date Auci„ter 4 � 928 Category = on- a� endar 1 . SLn3JEC•r; LID 347 & 348 CONSOLIDATED BOND CONTRACT - ORDINANCE 2 aM216Ey STATEMENT_': As recommended by the Operations Committee at their July 21, 1998 meeting, adoption of Ordinance No. for the issuance of $942 , 617 in CLID 347/348 bonds and authorization for the Mayor to sign the bond purchase contract with Dain Rauscher, Inc . 3 . EXHIBITS: Memo from Finance Director Miller, ordinance and purchase contract 4 . REC HENDED BX: Olperations Committee (3-0) (Committee, Staff, Examiner, Commission, etc . ) 5 . rnM.TMQFTFD FISC}1L:rEoen*rrsEr. IMPACT: NO YES X 6 Inc;**�TTiTRF REOUIRF'D• $ SOURCE OF FUNDS : 7 , CITv COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H Date: July 30, 1998 To: Mayor White and City Councilmembers From: May Miller, Director of Finance Subject: LID 347/348 CONSOLIDATED BOND ISSUES Authorization is requested to approve a bond ordinance for CLID 347/348 for$942,617 and to approve the Mayor's signature of the purchase contract with Dain Rauscher, Inc., our LID underwriter. Council authorized final assessments rolls on LID 347 July 15, 1997 and LID 348 on May 19, 1998. The attached page describes the projects,parcels and balances after prepayments. - LID bonds usually are not rated by rating agencies such as Moody's and Standard& Poors. The average coupon interest rate is established at 5.175%. One-half percent (.5%)will be added to the actual interest rate to help offset our administrative charges. Attached are copies of the Bond Ordinance and the bond purchase contract with Dain Rauscher, Inc. Council Action: Authorize bond ordinance for CLID 347/348 for$942,617 and authorize the Mayor to sign the bond purchase contract with Dain Rauscher, Inc. 07/30/98 15:58 FAY 206 447 9700 F F & S UU,:;U:L3 CITY OF KENT, WASHINGTON ORDINANL CE NO. Ail ORDINANCE relating to local improvement districts; establishing Consolidated Local Improvement District No 347 and 348 and Consolidated Local Improvement Fund, District No. 347 and 348; fixing the amount, form; date, interest rates, maturity, and denominations of the Consolidated Local Improvement District No. 347 and 348 Bonds; providing for the sale and delivery thereof to Dain Rauscher Incorporated of Seattle, Washington, and fixing the interest rate on local improvement district assessment installments. WHEREAS, the City Council of the City of Kent, Washington (the "City"), heretofore has created Local Improvement Districts Nos. 347 and 348 for various purposes; and WHEREAS, RCW 35.45.160 authorizes the establishment of consolidated local improvement districts for the purpose of issuing bonds only and provides that if the governing body of any municipality orders the creation of such consolidated local improvement district, the money received from the installment payment of the principal of and interest on assessments levied within the original local improvement districts shall be deposited in a consolidated local improvement district bond redemption fund to be used to redeem outstanding consolidated local improvement district bonds; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON, DOES ORDAIN as follows: Section I. Consolidation of Local Improvement Districts. For the purpose of issuing bonds only, those local improvement districts of the City established by the following ordinances, respectively, the 30-day period for making cash payment of assessments without interest in each local improvement district having expired in the case of the assessments for each -1- _07/30/98 15:50 FAX 206 447 9700 F P & S Q005i013 local improvement district, are consolidated into a consolidated local improvement district to be known and designated as Consolidated Local Improvement District No. 347 and 348: Local Improvement Created by Assessment Balance After District No. Ordinance No. 30-day Prepayment Period 347 3294 $ 55,100.43 348 3347 887.516.57 Section 2. Bond Fund. There is created and established in the office of the Finance Division Director of the Cite for Consolidated Local Improvement District No_ 347 and 348 a special consolidated local improvement district fund to be known and designated as Consolidated Local Improvement Fund, District No. 347 and 348 (the "Bond Fund")_ All money presently on hand representing collections pertaining to installments of assessments and interest thereon in each of the local improvement districts listed in Section 1 shall be transferred to and deposited in the Bond Fund, and all collections pertaining to assessments on the assessment rolls of those local improvement districts when hereafter received shall be deposited in the Bond Fund to redeem outstanding Consolidated Local Improvement District No_ 347 and 348 bonds. Section .'). Authorization and Description of Bonds. Consolidated Local Improvement District No. 347 and 348 Bonds (the "Bonds") shall be issucd in the total principal sum of $942,617, being the total amount on the assessment rolls of Local Improvement Districts Nos. 347 and 348 remaining uncollected after the expiration of the 30-day interest-free prepayment period. The Bonds shall be dated August 1, 1998, shall mature on September 1, 2015, and shall be numbered from i to 188, inclusive, in the manner and with any additional designation as the Bond Registrar (collectively, the fiscal agencies of the State of Washington) deems necessary for the purpose of identification. Bond No. 1 shall be in the denomination of 57,617 and Bonds Nos. 2 to 188, inclusive, shall be in the denomination of $3,000.00 each. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. The Bonds -2- 500,05a6.07 .(_Ji CIUti%U13 07/10/98 15:57. FA% 206 447 9700 F F & S shall bear interest, payable annually on September I of each year beginning September 1, 1999, in accordance with the folloltizng schedule: Bond Numbers Interest Amounts Rates (inclusive)-- - $62,617 4.300% -3 - 65,000 4.400 26- 38 65,000 4.500 39 - 51 65,000 4.600 65,000 o-- 6' 4.700.65 - 77 65000 4.800 78- 90 65,000 4.900 91 - 103 65,000 5.000 104- 116 65,000 5.100 117-130 70,000 5.150 5.250 131 - 142 60,000 5.350 143 - 154 60,000 155 - 166 60,000 5. 167 - 177 55,000 5.550 50 178-188 55,000 5.600 The Bonds are structured and the interest rates are fixed in anticipation of their estimated redemption based on projected assessment payments in Local Improvement Districts Nos. 347 and 348, respectively. Section 4. Registration and Transfer of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on books or records maintained by the Bond Registrar (the "Bond Register"). Such Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar, The transfer of a Bond shall be by the Bond Registrars receiving the Bond to be transferred, canceling it and issuing a new certificate in the form of the Bonds to the transferee after registering the name and address of the transferee on the Bond Register. The new certificate shall bear the same Bond number as the transferred Bond but may -3- 50 0) 9 02 40 00 7/013 07/30/98 15:57 FAX 206 447 9700 F P & S have a different inventory reference number or control number. Any exchange or transfer shall be without cost to the o%,.-nzr or transferee. The Bond Registrar shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date. Both principal of and interest on the Bonds shall be Section S. Payment of Bonds. d and from the Local Improvement Guaranty Fund of the payable solely out of the Bond Fun City, and shall be payable in lawful money of the United States of America. Interest on the - Bonds shall be paid by checks or drafts mailed to the registered owners on the interest payment date at the addresses appearing on the Bond Register on the 15th day of the month preceding the interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners at either of the principal offices of the Bond Registrar at the option of the owners. Section 6. Redemption Provisions. The City reserves the right to redeem the Bonds prior to their stated maturity on any interest payment date, in numerical order, lowest numbers first, at par plus accrued interest to the date fixed for redemption, whenever there shall be sufficient money in the Bond Fund to pay the Bonds so called and all earlier numbered Bonds over and above the amount required for the payment of the interest payable on that interest payment date on all unpaid Bonds. The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase. All Bonds redeemed or purchased under this section shall be canceled. Section 7. Notice of Redemption. The City shall cause notice of any intended redemption of Bonds to be given not less than 15 nor more than 30 days prior to the date fixed -4- 07/30/98 15:57 FAX 206 447 9700.__ _. F P & S Z 008/013 for redemption by first-class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the owner of any Bond. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call. In addition, the redemption notice shall be mailed within the same period, postage prepaid, to Dain Rauscher Incorporated at its principal office in Seattle. Washington, or its successor, and to such other persons and with such additional information as the Finance Division Manager of the City shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Section 8. Failure to Redeem Bonds. If any Bond is not redeemed when properly 4 presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest_ is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner of each of those unpaid Bonds. Section 9. Pledge of Assessment Payments. Assessments collected in Local Improvement Districts Nos. 347 and 348, together with interest and penalties, if any, are pledged to the payment of the Bonds which are payable solely out of the Bond Fund and the Local Improvement Guaranty Fund of the City in the manner provided by law. The Bonds are not general obligations of the City. Section 10. Form and Execution of Bonds. The Bonds shall be printed, lithographed or typed on good bond paper in a form consistent with the provisions of this ordinance and state 50030549.02 4 o009 la 07/10/98 15:58 Fpy. 208 447 9i00 p P & S law, shall be signed by the Mayor and City Cleric, either or both of whose signatures tnay be of the City or a facsimile reproduction thereof shall be manual or in facsimile, and the seal impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This Bond is one of the fully registered City of Kent, Washington, Consolidated Local Improvement District No. 347 and 343 Bonds described in the Bond Ordinance. WASHITCY NGTON STATE FIS AL AGENI Bond Registrar By Authorized Signer The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated, and delivered and is entitled to the benefits of this ordinance. appears on the Bonds ceases to be as officer of If any officer whose facsimile signature the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registraror issued by the City, those Bonds nevertheless may be authenticated, issued, and delivered and, when authenticated, issued, and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authori nds, zed to sign bo although he or she did not hold the required office on the date of issuance of the Bond. -6- 5003054Y.0^_ _07/30/98 15:58 FAX 206 447 9700 F P & S 010/013 Section 11. Bond Registrar. The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office, sufficient books for the registration and transfer of the Bonds which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 2418 establishing a system of registration for the City's bonds and obligations. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificates of Authentication on the Bonds. The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. Section 12. Bonds Negotiable. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-102 and 62A.8-105. Section D. Preservation of Tax Exemption for Interest on Bonds. The City covenants that it wiII take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will,to the extent the arbitrage rebate requirement of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), is applicable to the Bonds, take all actions necessary to comply (or to - be treated as having complied) with that requirement in connection with the Bonds, including the -7- 07/30/98 15:58 FAX 206 447 9700 F P & S �O11i015 calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage. and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. Section 14. Use of Bond Proceeds. The accrued interest on the Bonds received from the Bond purchaser shall be deposited in the Bond Fund used to pay debt service on the Bonds on the fast interest payment date. The principal proceeds of the Bonds shall be used to finance the costs of repaying interim financing for Local Improvement Districts Nos. 347 and 348 and to pay the costs of issuance of the Bonds. Until needed to pay those costs, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the respective local improvement district funds or accounts therein and be spent for the purposes of those funds, and earnings subject to a federal tax or rebate requirement may be used for those tax or rebate purposes. Section 15. Approval of Bond Purchase Contract_ Dain Rauseher Incorporated of Seattle, Washington, has presented a purchase contract (the "Bond Purchase Contract") to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract, which written Bond Purchase Contract is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials. The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster -8- 07/30/98 15:58 FAX 206 447 9700 F P & 5 P101Y%U1:.+ Pepper& Shefelman PLLC, municipal bond counsel of Seattle, Washington, regarding the Bonds printed on each definitive Bond. Bond counsel shall not be required to review and shall express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales or disclosure material issued or used in connection with the Bonds, and bond counsel's opinion shall so state_ The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser, including without limitation the execution of the Official Statement on behalf of the City, and for the proper application and use of the proceeds of the sale thereof. Section 16. Temporary Bond. Pending the printing, execution and delivery to the purchaser of definitive Bonds, the City may cause to be executed and delivered to the purchaser a single temporary Bond in the total principal amount of the Bonds. The temporary Bond shall bear the same date of issuance, interest rates, principal payment dates, and terms and covenants as the definitive Bonds, shall be issued as a fully registered Bond in the name of the purchaser, and otherwise shall be in a form acceptable to the purchaser. The temporary Bond shall be exchanged for definitive Bonds as soon as they are printed, executed, and available for delivery. Section 17_ Deposit of Additional City Funds. An appeal from an assessment in LID No. 348 has been filed with the City Clerk in the total amount of approximately S96,000. This appeal also has been filed with the King County Superior Court. While the City anticipates that the appeal can be defended successfully, the City shall provide from other available City funds and shall deposit promptly in the Bond Fund the total principal amount by which the assessment may be reduced by court judgment or settlement, together with interest for one year on such amount at the bond rate. -9- 7WS0!<B.Oi O7/30/98 15:59 FAX 206 447 9700 F P & S �013/013 Section 18. Fixino Interest Rate on Assessments. The interest rates on the installments and delinquent payments of the special assessments in Local Improvement Districts Nos. 347 and 348 are revised and fixed at the rate of 5.68%per annum. Section 19. Effecti\-e Date of Ordinance. This ordinance shall take effect and be in force live 95) days from and after its passage and five (5) days following its publication as required by law. By Jiyt WHITE, Mayor ATTEST: BRENDA JACOBER, City Clerk APPRO AS FORM: Specs C sel and Bond Counsel.for the City Passed the day of , 1998. Approved the day of . 1998. Published the day of , 1998. -10- sowosaaax c ON JAIti flA�SCi� t nut �. u• �i; �:. J1)QuCiIJ . 1A INVESTMEN1 3LOM 4< `"ITy OF K ENT, WASHINGTON IrOESTMPNT LINKING CONSOLTDATED LOCAL IMPROVEMENT DISTRICT N0. 347 AND 348 BONDS $942,617 PURCHASE CONTRACT August 4, 1999 Mayor and Councilmembers City of Kent 220 Fourth Avenue South Kent, WA 98032-5895 Dear Mayor and Councilmembers: Dain Rauscher Incorporated (the "Purchaser") offers to purchase from City of Kent, Washington (the "Seiler"), and upon acceptance hereof the Seiler will agree to sell to the Purchaser, all of the bonds described above ("Bonds") and on Appendix A (attached and incorporated herein by this reference), subject to the terms, conditions, covenants, representations and warranties contained in this Purchase Contract, including the Appendix. Section 1. Purchase,Sale and Delivery of the Bondy. (a) Appendix A contains a brief description of the Bonds and the purchase price, interest rates, maturity dates, redemption provisions and the date and time of delivery and payment (the "Closing Date") of the Bonds. The Bonds shall be as described in Appendix A, and in an Official Statement approved and signed by the Seller in accordance with paragraph (b) hereof satisfactory in form and substance to the Purchaser. (b) The Seller authorizes the Purchaser to use and distribute the preliminary Official Statement by Ordinance No. (the "Bond Ordinance") passed as of this date approving the preliminary Official Statement and authorizing City officers to approve and execute the final Official Statement (together the "Official Statement"), this Purchase Contract and all information contained in them, and the documents, and certificates formally delivered to the Purcbaser by the Seller as a bond issue legal transcript on the Closing Date in connection with the transactions contemplated by this Purchase Contract. Suirr 2500 (206) 621.3109 DaIn Hausehrr T201 Third Avenue Pax (206) 621 3151 Memhrr NYSt/S1PC Searrlr, WA 98101 3044 Toll Free (800) 766-3246 nu FROM DA[i� AAUSCHEA PUBLIC FINANCE 1: , � �. =� "c�0.• � ��� (c) The Bonds shall be delivered to the Purchaser in definitive or temporary form on the Closing Date, duly executed by the authorized officers of the Seller, together with the other documents described in this Purchase Contract. The Bonds shall be in registered form, in such denominations as the Purchaser shall request by written notice to the Seller not later than four business days prior to the Closing Date. Subject to the provisions of this Purchase Contract, the Purchaser shall accept delivery of the Bonds on the Closing Date and will pay the purchase price set forth in Appendix A, together with accrued interest as applicable,payable in Federal funds as designated by the Seller. (d) Purchaser will prepare a Bond Form 101 for filing pursuant to RCW 39.44.210-.220 and shall deliver a copy of the same, with evidence of filing, on the Closing Date, to the Seller. Section 2. Representations,Warranties and Agreements of the Seller. The Seller represents, warrants and agrees with the Purchaser the matters set forth below; which representations, warranties and agreements are true and in erect as of the date of this Purchase Contract and shall be true and in effect as of the Closing Date: (a) the Seller is a duly organized and existing municipal corporation with the full legal right, power and authority to enter into and perform this Purchase Contract, to pass the Bond Ordinance authorizing issuance of the Bonds, and to deliver and sell the Bonds to the Purchaser, and to easy out all the other transactions contemplated by this Purchase Contract,the Bond Ordinance, and the Official Statement; (b) the Seller has duly and validly passed or will pass the Bond Ordinance before the Closing Date, will take any and all action as will be necessary to carry out, give effect to and consummate the transactions contemplated herein; (c) this Purchase Contract, the Bond Ordinance, and the Bonds do not and will not conflict with or create a breach or default under any existing law, regulation, or order, or any agreement or instrument to which Seller is subject; which breach or default would impair the authority of the Seller to issue the Bonds or the security for the payment of the Bonds; (d) all approvals, consents, authorizations, elections and orders of or flings or registrations with any governmental authority. board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance by the Seller of its obligations under this Purchase Contract, the Bond Ordinance, the Bonds, and any other instruments contemplated in this transaction have been or will be obtained and in full force and effect by the Closing Date provided that the Seller expresses no warranty with respect to Purchaser's compliance with securities laws of any jurisdiction; 2 eRON GAIN RAUSOtiER Wut U riNAN�,c (e) the Bonds, when delivered in accordance with the Bond Ordinance and paid for by the Purchaser on the Closing Date as provided herein, will be validly issued and outstanding binding obligations of the Seiler enforceable is accordance with their terms, subject only to applicable bankruptcy, insolvency or other similar laws generally affecting creditors' rights; (f) the Official Statement (as supplemented with the approval of the Purchaser, if the Official Statement shall have been supplemented) will be, as of the Closing Date, true, correct and complete in all material respects and does not, and will not as of the Closing Date, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; (g) the Preliminary Official Statement, as of its date (except as to matters corrected or added to the Final Official Statement) is accurate and complete in all material respects; (h) no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency,public board or body, is pending or, to the knowledge of the Seller,threatened in any way affecting the existence of the Seiler or the titles of its officers to their respective offices, or seeking to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Bond Ordinance, or in any way contesting or affecting the validity or enforceability of the Bonds; (i) any certificate signed by an authorized officer of the Seller shall be deemed a representation and warranty by the Seller to the Purchaser as to the statements made therein; (j) the Seller will apply the proceeds of the Bonds in accordance with the Bond Ordinance; (k) the Seller has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. Section 3. Conditions to the Obligations of the Purchaser. The obligations of the Purchaser to accept delivery of and pay for the Bonds on the Closing Date shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Seller contained herein as of this date and as of the Closing Date, to the accuracy in all material respects of the statements of the officers of the Seller made in any certificates or other documents furnished pursuant to the Purchase Contract, to the performance by the Seller of its obligations to be performed hereunder at or prior to the Closing Date and to the following additional conditions: 3 FROM DAIN RAUSCHER PUBLIC FINANCE (a) at the Closing Date, the Bond Ordinance shall have been duly authorized, executed and delivered by the Seller, and in substantially the form heretofore submitted to the Purchaser, with only such changes as shall have been agreed to in writing by the Purchaser, and there shall have been taken in connection therewith, with the issuance of the Bonds and with the transactions contemplated thereby and by this Purchase Contract, all such actions as, in the opinion of either the Purchaser or the Seller, shall be necessary or appropriate; (b) at the Closing Date, the Official Statement shall notthe amended,a Seller; or tr supplemented, except as may have been agreed Y t (c) between the date hereof and the Closing Date, the marketability of the Bonds shall not have been materially adversely affected, in the reasonable judgment of the Purchaser, by reason of any of the following: (1) a material adverse change in the financial condition or general affairs of Seller; (2) an event, court decision, proposed or adopted law or rule which would have a material adverse effect on the federal income tax incident to the Bonds or the contemplated transactions, (3) an international or national crisis, suspension of stock exchange trading or banking moratorium materially affecting the marketability of the Bonds or the Purchaser's ability to deliver funds due to such banking moratorium; (4) any event occurring, or information becoming known which makes untrue in any material respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (d) at or prior to the Closing, the Purchaser will have received from the Seller the following documents, in each case satisfactory in form and substance to the Purchaser acting reasonably: (1) the Bonds, in definitive or temporary form, duly executed; (2) the Bond Ordinance and the Official Statement, each duly executed on behalf of the Seller; (3) the approving opinion of Foster Pepper & Shefelman PLLC, Bond Counsel, satisfactory to Purchaser, dated the Closing Date; 4 n rttON� �A:A dA��Gn�n ronLlt, r .ivn.v�c(4) a certificate setting forth the facts, estimates and circumstances in existence on the Closing Date which establish that it is not expected that the proceeds of the Bonds will be used in a manner that could cause the Bonds to be "arbitrage bonds"within the meaning of Section 148 of the Internal Revenue Code and applicable regulations; (5) a certificate signed by an authorized officer of the Seller, to the effect that no litigation is pending, or to such officer's knowledge threatened, restraining or enjoining the issuance, sale, execution or delivery of the Bonds, or adversely affecting the Seller's right or authority to carry out the terms and conditions of the Bond Ordinance. (6) a certificate signed by an authorized officer of the Seller stating that execution of the certificate shall constitute execution of the Final Official Statement by the Seller, that the Final Official Statement, as of its date and as of the date of the Closing, to the knowledge and belief of such officer, after due review, does not contain any untrue statement of a material fact or omit to state any material fact which is necessary to make the statements therein, in light of the circumstances under which made, not misleading in any material respect, that there has not been any material adverse change in the operations and financial condition of the City relative to the source of assessments pledged as security for the Bonds nor in the general economy of the City except as described in the Final Official Statement, and the representations of the Seller contained in this Purchase Contract were true and correct when made and are true and correct as of the Closing; and (7) such additional certificates, instruments or opinions or other evidence as the Purchaser may deem reasonably necessary or desirable to evidence the due authorization, execution, authentication and delivery of the Bonds, the truth and accuracy as of the time of the Closing of the Seller's representations and warranties, and the conformity of the Bonds and Bond Ordinance with the terms thereof as summarized in the Official Statement, and to cover such other matters as it reasonably requests. Section 4. Expenses. (a) Seller's Expenses Whether or not the Purchaser accepts delivery of and pays for the Bonds as set forth herein, the Purchaser shall be under no obligation to pay, and the Seller shall pay or cause to be paid (out of the proceeds of the Bonds or any other legally available funds of the Seller) all expenses incident to the performance of the Seller's obligations hereunder, including but not limited to the cost of preparation, printing (and/or word processing and reproduction), distribution and delivery of the Bond Ordinance, Bond Counsel Fces, and any other fees of experts or consultants retained by the Seller in connection with the Bonds; travel costs of the Seller; preliminary and final official statement printing costs, bond printing costs, and any other 5 -'ROM RAIN RAUSCHER PUBLIC FINANCE (THU; expenses not specifically enumerated in paragraph (b) of this Section incurred by the Seller in connection with the issuance of the Bonds. (b) Purchaser's Expenses delivered to the Purchaser as set forth herein, the Seller shall Whether or not the Bonds are be under no obligation to pay, and the Purchaser shall pay, any "blue sky" and legal investment memoranda; this Purchase Contract; the Purchaser's out-of-pocket and travel expenses; and all other expenses incurred by the Purchaser in connection With its public offering and distribution of the Bonds not specifically enumerated in paragraph (a) of this Section, including the fees and disbursements of its counsel, preliminary and final official statement preparation costs, and all advertising expenses in connection with the public offering of the Bonds. Section 5. Parties in Interest. This Purchase Contract is made solely for the benefit of the Seller and the Purchaser (including successors or assigns of the Purchaser) and no other person shall acquire or have any right hereunder or by virtue hereof. Section 6. Survival of Representations,Warranties, and Agreements. The representations and warranties of the Seller, set forth in or made pursuant to this Purchase Contract, shall not be deemed to have been discharged, satisfied or otherwise rendered void by reason of the delivery of the Bonds or termination of this Purchase Contract and regardless of any investigations or statements as to the results thereof made by or on behalf of the Purchaser and regardless of delivery of and payment for the Bonds. Should the Purchaser fail (other than for reasons permitted in this Purchase Contract) to pay for the Bonds at Closing, any expenses incurred shall be borne in accordance With Section 4. Should the Seller fail to satisfy any of the foregoing conditions or covenants, or if the Purchaser's obligations are terrninated for any reason permitted under the Purchase Contract, then neither Purchaser nor Seller shall have any further obligations under this Purchase Contract. Section 7. Notice. Any written notice required by this Purchase Contract shall be sent to the Seller at its offices located at City of Kent, 220 4'b Avenue South, Kent, Washington 98032-5895, and to the Purchaser at Dain Rauscber Incorporated, Public Finance Department, 1201 Third Avenue, Suite 2500, Seattle, Washington 98101. 6 U Section 8. Effective Date. V This offer expires on the date and at the time set forth on Appendix A. This Purchase Contract shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the Seller and shall be valid and enforceable as of the time of such acceptance. very truly yours, DAIN RAUSCHER INCORPORATED By: David Trageser Vice President Accepted By: CITY OF I{ENT, WASHINGTON This 4th day of August, 1998: By: Title: 7 FROM DO RAGSCHER FUbl 11 APPENDIX A CITY O]F KENT9 WASMGTON S942,6I7 Consolidated Local Improvement District No.347 and 348 Bonds Terms Dated Date: August 1, 1998 Due: September 1,2015 Interest Payments: September i each year,beginning September 1, 1999 to maturity or earlier redemption. Optional RedemPnon: The City reserves the right to redeem the Bonds on any interest payment date beginning September 1, 1999 in ascending order by bond number as outlined in the Bond Ordinance. Description: rRtctne sunaueARv `TED ISSUANCE BONA REDEMPTION VALUE PR1C6 NUMBER SEPTEMBER 1 TYPE OF BOND COUPON YIELD 199E SERIAL. COUPON J300% t.300% 562,61700 10000% 1.12 2000 SERIAL COUPON 4400% AAG01A 65,000.00 100.00% 13.25 2001 SL+R.IAL COUPON d.500% 4 500% 65.000 00 I00 00% 26-36 2002 SERIAL COUPON 4 600% 4 6000A 65,000.00 100,00% 39-51 2003 SERIAL COUPON 4.70VA i 700% 65.000 00 100 00% 52.64 200a SERIAL COUPON A.900% A.100'/. 65.000 00 100.001A 65-77' 2005 SFRfAL COUPON 4900% 190006 65.000.00 100,00% 75-90 2006 SERIAL. COUPON 5 000% 5 000'A 65.000 00 I n0.00% 91-103 2007 SERIAL COUPON 5.100% 5.1000/. 45.00000 100.00'A 104-116 2009 SERIAL COUPON 5150% 51504/6 70.000.00 100.00% 117-130 2009 SERTAI. COUPON S 250% 5 250% 60.000.00 loco*% 131-142 2010 SERIAL. COUPON 5.350'A 5350% 60.000 00 100.00% 143-154 2011 smuAL. COUPON S N% 5.001. 60.000 00 100 00% 155-166 2012 SERIAL COUPON 5 550% 5 550% 55.000.00 100 00% 167-177 2013 SERIAL COUPON S 600% 5 6009A 55,000.00 100 00% 178-198 f oa2,G 17 00 EW INFORMATION Par Amount of Bonds $9A2.617.00 Total Underwriter's Discount (IL,311.11) Underwriter's Counsel (750 00) POS and OS Printing and Distribution (900.00) Accrued Interest 2,079.22 Total Purchase Price $931,73A.11 Avcmge Lift 7 910 Years Avcmgc Coupon 5 175% Net Interest Cost(NIC) 5.326% Truc Iawresr Cost MC) 5.274% Anticipated Closing Date: August 17, 1998 offer Expires: August 4, 1998 11:59 p.m. N Z U = PRELIM]NARY OFFICIAL STATEMENT DATED JULY 22,1998 a NON-RATED R '`- NEW ISSUE Z 6tmena due Imerrtol R mmnne Cade aJ I986,as mnernded lhat man M satsfied snbsequse to 1w In the opinion of Bond Cotoatl.ondn eriaingf&*nd law and aso nring cwnPlionce by dw Ciry with gopliwbk negn aJ inncaans of rKi�d i nrrslMl�nil irncnnet tar p opaas rmdrr adsGn81 �law and it nor m!iam of ms Pnleo n i Je purposes of the irne dot of the Binds•enarese on da Bards is ssehedd Jran 8r'aa f Pmfe a f„purposes of bk abemonw,midomn tow agArosbk so eorporaeione.intense an the Bad+ alarrradve mirrinemn ap7rliwbk m irndivldnak•Howr ,r,wkk in/enx on Ar Bads also is not mr irtm o!oc t 'L eanea emangr fr+r ArrF�s of the atrerrnorve minmwm weir q*iiwbk to eaporataa.infnerr an due Bads moved byhawt other O re and is taken into awaot in da ronnrpdmlion of adpvud /� fV rr ta<Re Tt of onimsr on dw Bonds may coipwatins,, �¢/eer to mK and inkrett on dw Bo dr m rwwd byJlwrign emp'�o^s with UniadSmas bra dws may M sb' ro a i bvrh prof+ m federd caaegaernasJor cerraia easpayers.See de orption'TAX EXDo770N FR SEQ -AND'CTAIN 0THER FFDFJUL TAX r v $9429617 o:= City of Kent, Washington air Consolidated Local Improvement District No. 347 and 348 Bonds DUE: September 1,2015 h DATED: August 1, 1998 The City of Kent, Washington, Consolidated Local Improvement District No. 347 and 348 Bonds ("the Bonds") will be issued in fully registered form,in the denomination of$5,000 each,except that Bond No. 1 shall be in the amount of$7,617. Principal of the 12 2o Bonds will be paid upon presentation and surrender of the Bonds, at maturity or earlier redemption, by the registered owners at A e trust offices of the Fiscal Agencies of the state of Washington, currently Wells Fargo Bank, either of the principal corporal " National Association,Seattle,Washington and The Bank of New York,New York,New York(the"Paying Agent"). Interest on the Bonds will be paid on September 1, 1999 and annually each September I thereafter until maturity or earlier redemption of the o Bonds. Interest on the Bonds will be paid by check or draft of the Paying Agent mailed on the interest payment date to the D ° on the Bond Register on the 15th day of the month immediately preceding each interest registered owners at the addresses appearing g o payment date. E - �:.., 4.. .. O II Redemption Estimated Toter o i•,�":::•: d-..� ::.artll:.c: ....., e � Field Estimated field Estimated Interest or d c Redemption Estimated Bond Interest or P September 1 Amount Numbers Rates Price September 1 Amount Numbers Rates Price m 1999 $62,617 1-12 2007 $65,000 104 116 2000 65,000 13-25 2008 70,000 117-130 d 42 2001 65,000 26-38 2010 60,000 131-154 E o ❑ 2002 65,000 39-51 20I0 60,000 143-154 N 2011 60,000 155-166 v `0 2003 65,000 52-64 2012 55,000 167-177 N 2004 65,000 65-77 8 9 .5 2005 65,000 78-90 2013 55,000 178-188 o 12 2006 65,000 91-103 •y (Plus Accrued Interest from August 1,1998) Gp, c u G U N 8 = The Bonds are callable in numerical order, lowest numbers first, at par plus accrued interest to the date of redemption from -6 -9 assessment payments only on any interest payment date commencing September 1, 1999. The amount of Bonds to be retired each year is only an estimate. Bonds may be called earlier or later than the years shown depending on the receipt of such payments. See"DESCRIPTION OF THE BONDS"herein. W U and interest on the Bonds will be secured by a pledge of, and will be payable from the Consolidated The payment of principal of dz � a� P Local Improvement District No. 347 and 348 Bond Fund, into which will be deposited all of the outstanding assessments against E properties located within the boundaries of Consolidated Local Improvement District No. 347 and 348("CLID No.347 and 348")in y ` o g a the total principal amount of$942,617,together with the interest to be collected from such assessments. Additionally,the Bonds are oz issued under the protective provisions of the Local Improvement District Guaranty Fund laws of the State. The Bonds are special o fund limited obligations of the City and are not obligations of the state of Washington or any political subdivision thereof v g other than the City,and neither the full faith and credit nor taxing power of the City is pledged to the payment of the Bonds. to o. See"SECURITY AND SOURCE OF PAYMENT FOR THE BONDS"and"ASSESSMENT LIEN AND FORECLOSURE"- s 9E= R The Bonds are not"private activity bonds". See"CERTAIN OTHER FEDERAL TAX CONSEQUENCES"herein. Eg a The Bonds are offered by the Underwriter when, as and if issued, subject to the approving legal opinion of Foster Pepper & `' Shefelman PLLC, Seattle, Washington, Bond Counsel. Certain legal matters will be passed upon for the Underwriter by their � = y 3 counsel, Gottlieb,Fisher& Andrews, PLLC, Seattle, Washington. It is expected that the Bonds in definitive form will be available d on August 1998. c THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR QUICK REFERENCE ONLY. IT IS NOT A SUMMARY OF THIS ISSUE. INVESTORS MUST READ THE EN71RE c w"� OFFICIAL STATEMENT TO OBTAIN INFORMATION ESSENTIAL TO THE MAK N OF AN INFORMED IN DECISION. E _ = DAIN RAUSCHER a F 9 o INCORPORATED Representations The information in this Official Statement has been obtained from the City and other sources considered to be reliable. Such information ions s not fined herein gllar& � as to accuracy or tation as such y the are believed to be reliableeness and is not to be but no representationcis�made that such estiidered as a mates or assumptions arecorrectter.or will beAll trealiud. No dealertes and 'broker,salesmanor other person has been authorized by the City or the Underwriter to give any information or to make any representations with respect to the Bonds, other fficial Statement, and if given or made, such other information or representation must not be relied upon as having been than those contained in this O authorized by either otitute an offer to sell or a solicitation of an offer to buy,nor shall there be airy f the foregoing. This Official Statement does not cons sale of the Bonds in any state in which it is unlawful for such person to make such offer, solicitation or sale. The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder shall under airy circumstance, create any implication that there has been no change in the affairs of the City since the date hereof. Disclosure The City will represent to the Underwriter at the time of delivery of the Bonds. that, to the Citats knowledge and belief, after due review, this Official Statement,as of its date and as of the date of delivery of the Bonds,neither contains any untrue statement of a material fact nor omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading r any material respect and that there has not been any material adverse change in the operations or financial condition of the City relative to the sources of assessments pledged as security for the Bonds nor in the general economy of the City except as described in this Official Statement. TABLE OF CONTENTS Page INTRODUCTION...........................................................................................................1 DESCRIPTION OF THE BONDS................................... ..............................................1 EarlyRedemption.............................................................................................1 Notice of Redemption.................................. ...................................................2 DESCRIPTION OF CLID NO. 347 and 348..................................................................3 SECURITY AND SOURCE OF PAYMENT FOR THE BONDS.................................9 Sourceof Repayment............................................................................. ..........9 BondFund....................................... .................................................................9 GuarantyFund..................................................................................................9 ASSESSMENT LIEN AND FORECLOSURE.............................................................10 FUTURELID FINANCING....................................................................... .................I 1 LOCAL IMPROVEMENT DISTRICTS .......................................... ..........................I I CITY POLICY REGARDING DELINQUENT ASSESSMENTS...............................11 BONDHOLDERS' RISKS............................................................................................I 1 SEGREGATION OF ASSESSMENTS........................................................................12 PAYMENT OF ASSESSMENTS WHEN PROPERTY IS SUBDIVIDED.................13 CITYPROFILE................................................................ ...........................................14 GENERAL AND ECONOMIC INFORMATION............................... ......................... LEGALINFORMATION.............................................................................................22 TAXEXEMPTION.......................................................................................................22 CERTAIN OTHER FEDERAL TAX CONSEQUENCES.................................... ....... CONTINUTING DISCLOSURE..................................................................................23 RATING..................................................................... ..................................................24 UNDERWRITING................................................................ .......................................24 MISCELLANEOUS......................................................................................................24 OFFICIAL STATEMENT CERTIFICATION .............................................................24 APPENDIX A-FORM OF LEGAL OPINION CITY OF KENT, WASHINGTON 220 Fourth Avenue South Kent,Washington 98032-5895 (206) 859-3300 ELECTED OFFICIALS Term Expires Mayor Jim White December 31, 2001 City Council Leona Orr,President December 31, 1999 Tim Clark December 31, 2001 Connie Epperly December 31, 1999 Judy Woods December 31, 1999 Sandy Amodt December 31, 2001 Tom Brotherton December 31, 2001 Rico Yingling December 31, 1999 APPOINTED OFFICIALS J.Brent McFall Director of Operations and Chief of Staff Mayene Miller Finance Division Director Brenda Jacober City Clerk Roger Lubovich City Attorney Bond Counsel Foster Pepper& Shefelman PLLC Seattle, Washington Underwriter Dain Rauscher Incorporated Seattle,Washington PRELIMINARY OFFICIAL STATEMENT $942,617 CITY OF KENT,WASHINGTON CONSOLIDATED LOCAL IMPROVEMENT DISTRICT NO. 347 AND 348 BONDS INTRODUCTION The City of Kent, Washington, (the"City"), a municipal corporation duly organized and existing under and by virtue of the laws of the state of Washington(the "State"), furnishes this Official Statement in connection with the offering of$942,617 aggregate principal amount of City of Kent, Washington, Consolidated Local Improvement District No. 347 and 348 Bonds (the'Bonds"). This Official Statement provides information concerning the City,CLID No.347 and 348 and the Bonds. Issuance of the Bonds is pursuant to the Revised Code of Washington, Chapter 35.45, and to Ordinance No. passed by the City Council on August_, 1998(the"Bond Ordinance"). DESCRIPTION OF THE BONDS Principal Amount,Date,Interest Rates and Maturities The Bonds will be issued in the total principal amount of$942,617 and will be dated and bear interest from August 1, 1998, until their stated maturity or earlier redemption. The Bonds will mature on September 1,2015. Interest on the Bonds will be paid commencing September 1, 1999,and annually thereafter on each September 1 until maturity or earlier redemption at the respective rates for the respective bond numbers as set forth on the cover page of this Official Statement. Interest on the Bonds will be computed on the basis of a 360-day year of twelve 30-day months. Forms and Denomination The Bonds will be issued in fully registered form as to both principal and interest in the denomination of$5,000 each,except for Bond No. I which will be in the denomination of$7,617. Early Redemption The Bonds are subject to redemption prior to their stated maturity on any interest payment date, in whole or in part at par plus accrued interest, in numerical order, lowest numbers first and will be called if any moneys are available for such purpose. The schedule of"Estimated Redemption of Bonds" set forth on the cover page of this Official Statement is based on anticipated payments of assessments from property owners in CLID No. 347 and 348. The table entitled"Estimated Redemption Schedule"that is set forth on the cover page of this Official Statement sets forth the City's estimate of when each Bond will be redeemed. The principal amount of Bonds to be redeemed on each September 1 as shown in such table is only an estimate. This estimate is based on the City's assumption that the property owners within the City will make the scheduled annual payments due under the Assessment Roil. These scheduled annual payments include a 10 year level principal assessment roll for LID No. 347 and a 15 year level principal assessment roll for LID No. 348. In addition, the fact that the interest rate used to calculate Assessment installments exceeds the interest rate on the Bonds by approximately .50 percent(.50%)will provide some additional funds for redemption of the Bonds. Various factors that are not within the control of the City can affect the extent to which Assessments are paid as scheduled, including the general state of the economy, the rate at which properties subject to the Assessments are improved or sold,and the extent to which the Assessments may be prepaid due to the sale of assessed properties financed through a bank loan or by financing that requires prepayment of any outstanding assessments. There can be no assurance that Bonds will be redeemed in the amounts and at the times shown in the table on the cover page of this Official Statement. Bonds may be redeemed earlier or later than shown in the table depending on I the timing of receipt by the City of Assessment payments, including both scheduled payments and prepayments made at the property owner's option. The City has no obligation to redeem Bonds in accordance with the schedule shown in the table. The City's only obligation is to redeem Bonds to the fullest extent possible from Assessment payments it receives with respect to the properties within the CLID No.347 and 348. Notice of Redemption Notice of any such early redemption of the Bonds will be given not less than 15 nor more than 45 days prior to the date fixed for redemption,by first-class mail,postage prepaid,to the Owners of each Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice. The requirements of notification will be deemed to be complied with when notice is mailed as provided by the Bond Ordinance,whether or not it is actually received by the Owner of any Bond. In addition, such redemption notice shall be mailed within the same period, postage prepaid, to such other persons, including registered securities depositories, and with such additional information as the City Finance Director shall deem appropriate,but such mailings shall not be a condition precedent to the redemption of such Bonds. If such notice t money the payment of all Bondscalled have been �for redemption,the Bonds so calledven and the City shall have set eshall cease to ccrue, on the date fixed oint rest after such lrednemp ion date from the money set aside for such purpose. If any Bond is not paid upon proper presentment at its maturity or earlier redemption, the City shall be obligated to pay interest at the same rat for such Bond until such Bond,both principal and interest,is paid in full. Purchase of the Bonds by the City The City reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase when the Bonds are available for purchase. All Bonds so purchased or redeemed shall be canceled. Registrar,Paying Agent and Transfer Agent Both principal of and interest on the Bonds are payable in lawful money of the United States of America. Principal of the Bonds will be paid by the Fiscal Agency of the State (the "Registrar," the "Paying Agent" and the "Transfer Agent")upon presentation and surrender of the Bonds, at maturity or earlier redemption, at either of the principal corporate trust offices of the Registrar in Seattle,Washington or New York,New York. Interest on the Bonds will be paid by check or draft mailed by the Paying Agent on each interest payment date to the persons who are named as the registered owners of the Bonds on the registration books for the Bonds (the "Bond Register") maintained by the Registrar, at the addresses for such Owners appearing on the Bond Register on the 15th day of the month preceding such interest payment date. Currently, the Fiscal Agent of the State is Wells Fargo Bank,National Association, Seattle, Washington and The Bank of New York,New York, New York Purpose CLID No. 347 and 348 includes LIDs Nos. 347 and 348 and was created by the Bond Ordinance for purposes of consolidating these LIDS and issuing the Bonds. The funds from the sale of the Bonds will be used to retire interim financing for the road and water improvement projects carried out by LID Nos. 347 and 348. 2 DESCRIPTION OF CLID NO. 347 and 348 Below is a brief description of LID No. 347 and LID No. 348 with related land value and assessment information included in two following tables. LID No.347 LID No. 347 is located in the southwest area of Kent with the project properties located on Russell Road(541 Place South) near Meeker Street. The LID consists of nine individual parcels. LID improvements include a new signal at the intersection of Meeker Street and Russell Road. LID No.348 LID No. 348 is located in the west area of Kent (64' Avenue South) with the project properties located between S. 226' Street to S. 216' Street. LID improvements include installation of a 12 inch water main along 64" Avenue South together with certain road improvements. CITY OF KENT CLID NO.347 and 348 ASSESSMENTS IN RELATIONSHIP TO PROPERTY ASSESSED LID No.347 LID No.348 CLID No.347 and 348 Total Assessments $86,868.13 $1,743,701.29 $1,830,569.42 Assessment Prepayments 31,767.70 856,184.72 887,952.42 Balance of Assessments Outstanding $55,100.43 $ 887,516.57 $ 942,617.00 Assessed or Appraised Value of Property Assessed(1) $19,786,600.00 $45,543,500.00 $65,330,100.00 Number of Parcels Assessed 9 10 19 Number of Property Owners 6 8 14 Ratio of Total Assessed or Appraised Value 359 to 1 51 to 1 69 tol to Total Assessments Outstanding (') 1998 Tax Year includes CLID parcels that did not prepay their assessment Source: City of Kent 3 R _ r N W 0 L _ = >1C U c U U R a T T T �, cC � p .D Y � W � �• � •'p W tE 'C W C c V fu = C � E E E o eoE Eow v Ev_ V G V N 1� O O O C C C O Q h O p p O cr 00 r4 C ao H c p o C/1 Z 7 O O O �c 7 N O EZ 7 C\ — f�+i O v� ao N p N A h L OM r N O C 00 LGoq z = o o p o 0 0 0 r�is A o00 M 00 � ON cq Q Z [\ N ^ N ry 00 li`i/1 I+�I N O V f l 69 5W W < va G Q O N M p m O 00 r- a� — N 6N9 �+ t` 00 as en 00 N �a ? 00 M _ y M N M V a, 00 d f;9 0 U « ,s a 0 m Wiz' L L d O N y C C N s L t L W o R h Y = m a i L a c.i Y o rz L E cY n o a = R y o 0.Up z R z R • L �-' 0U A G L ld L L (Q cc V L U c0> > > y y U y Q y Q 7 C U ° c a=i a m cc aG 0 t 0 U N .�W lC en R fO N lC QS iC R7 01 07 - .O = C C C C 'D C 'o C 'o = 'o C 'o C 'o N C N V Y i Y tY.. i i g i fA cc O R Za � v Q E„ ayi y O O O 0 O O O O O O 0 �- N rq � C N O O 00 O 00 O O O Q R b r N M C h 00 00 C v1 cC _ r- ctl M WW V o o O 0 0 0 0 0 0 0 0 0 ai ►Zr 0 O O o o c9 00 o N o v_ o li d O O0 N b R n M ON V1 q 6 00 -I 7 A 4' r04 c Op d t s v� o 0 Cl 0 0 o O o 0 0 0 0 " z Vj .p G oo v-, r O� V r ao 00 OCT 0: o r a �o o` 00 �o rn It N P'i M _ r O N O a Mm N 4tl d C C O O O O O O O O T M N00 cc cc qy N v r on 6 Q L fA ^ M 7 00 O N CL �i U Gn C �+ r 00 n M M b — O1 t�+i N N y om y M y 00 �6 V N Q u R R 01 N M O N 0000 ON O O (7] O1 O m V Osz h 49 N •- M R r N C E � c �c W h E N M a v o r oo C, c y a z � (A 0 LID NO. 347 MAP MEEKER STREET/RUSSELL ROAD SIGNAL SCALE. i"=:00' i S. Z•°IM. Si. -------------- ASSESSMEN? NUMBER-Q N T L.I.D. BOUNDARY i v 's z AREA ASSESSED , INDICATES LI-D.COVENANT W. M[I[Ct•SL. NEW SIGNAL !rj01ow e 'Eat CE �11t�� rnEE`nir!"� 6 �x LID NO. 348 MAP 6471; AVENUE SOUTH IMPROVEMENTS -WATER ASSESSMENT 216TH ST. LI.D. BOUNDARY 0III I I I N EXISTING 12"W.M. AREA USED TO CALCULATE ASSESSMENT I I: 4i AQiTAIN�EA r IMOW, w arrr 5 , I 3 120 W.M. I �r -- --- 'L IcI II S.228TH ST. GXISTING 12'W.M. ui un' 00 > M" Ic I . 348 I 64TH AVE S. IMPROVEMENTS REVISED FOR FINAL 1 WATER ASSESSMENT i ROLL 3110198 S.228TH ST. � r 8 SECURITY AND SOURCE OF PAYMENT FOR THE BONDS ~ Source of Repayment The Bonds are special fund limited obligations of the City. The payment of principal of and interest on the Bonds will be secured by a pledge of, and will be payable from the Bond Fund (defined below), into which will be deposited all of the outstanding assessments against properties located within the boundaries of CLID No. 347 and 348,together with interest to be collected from such assessments. The Bonds are secured by special assessments levied against benefited properties for the improvements made within CLID No. 347 and 348 and enjoy a lien on the improved and unimproved property superior to mortgage and other encumbrances, junior only to any lien for general property taxes. These assessments will be on parity with any future assessments levied on property in CLID No.347 and 348. In addition to the pledge of assessments,the Bonds will be secured by the Local Improvement District Guaranty Fund of the City(the"Guaranty Fund"). See discussion below in"Guaranty Fund". Funds for payment of the Bonds may be derived only from the special assessments levied in CLID No. 347 and 348 and the Guaranty Fund. Registered Owners' remedies against the City are confined to mandating City officials to perform their statutory duties in enforcing such special assessments and applying the proceeds thereof and, if necessary and available, money from the Local Improvement District Guaranty Fund to the payment of the principal of and interest on the Bonds. THE BONDS ARE NOT GENERAL OBLIGATIONS OF THE STATE,THE CITY OR ANY OTHER MUNICIPAL CORPORATION,AND NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER OF THE CITY ARE PLEDGED TO THE PAYMENT OF THE BONDS. Bond Fund The City has created its "Consolidated Local Improvement Fund, District No. 347 and 348" (the "Bond Fund") into which the City will deposit all payments of the principal of and interest on special assessments levied on real property within CLID No. 347 and 348. Money deposited into the Bond Fund shall be used for the sole purpose of paying the principal of and interest on the Bonds. Guaranty Fund In addition to the pledge of assessments, the Bonds will be guaranteed, to the extent of money available, by the Guaranty Fund. Under Washington law, cities are required to establish a local improvement district guaranty fund for the purpose of guaranteeing the payment of principal of and interest on its local improvement district bonds, notes and warrants. The Guaranty Fund has been established by City ordinance. If there is insufficient money in the various local improvement district note and bond redemption funds to meet a payment on obligations, warrants may be drawn against the Guaranty Fund up to five percent of the total amount of obligations at any time outstanding against the Guaranty Fund(including the Bonds)to meet any payment. Such warrants are to be redeemed by the proceeds of the following year's tax levy or the collection of delinquent assessments. For the purpose of maintaining the Guaranty Fund, the City is required to provide for the annual levy of a sum sufficient, together with other sources of the Guaranty Fund, to pay warrants issued against the Guaranty Fund during the preceding fiscal year, if any, and to establish a balance therein; provided, that the levy in any one year will not exceed the greater of either(a) 12 percent of the outstanding obligations guaranteed by the Guaranty Fund, or(b)the total amount of delinquent assessments and interest thereon before the levy as of September 1. Such tax will be in addition to and, if need be, in excess of all statutory and charter limitations applicable to tax levies in the City. The City has in the past transferred money from the Guaranty Fund to its General Fund to the extent the remaining money in the Guaranty Fund is not less than 10 percent of the outstanding local improvement district bonds secured by the Guaranty Fund. The City may or may not maintain this amount in the Guaranty Fund while the Bonds are outstanding. 9 The taxes levied for the maintenance of the Guaranty Fund shall be in addition to and, if need be in excess of all statutory and charter limitations applicable to tax levies in any city or town, as long as the total regular property levy tax does not exceed $3.375/$1,000 of assessed valuation or that the total regular levy plus the Fireman's Pension Fund levy does not exceed$3.60/$1,000 of assessed valuation. In 1994,the City was annexed into the King County Library System(the Library System"),which is a rural county library district existing under the authority of chapter 27.12 RCW. As a result,the City's regular tax limit of$3.60 per$1,000 assessed valuation is reduced by any regular tax levy made by the Library System to a maximum authorized regular levy rate of$.50 per$1,000 assessed value. For 1998,the City's regular property tax levy is $2.97879/$1,000 plus an excess levy of$.36436/$1,000 of assessed valuation which is for voter approved debt service. As of May 31, 1998, the fund balance in the City's Guaranty Fund was $869,272; outstanding Local Improvement District bonds,notes and warrants of the City totaled$5,314,556. ASSESSMENT LIEN AND FORECLOSURE Payment of the principal of and interest on the Bonds is dependent on the ability of the City to levy assessments in CLID No. 347 and 348. The assessments are payable in equal annual installments of principal plus interest. The interest rate established for the installments is to be %which rate exceeds the effective rate of the Bonds by %of 1% percent. Property owners may elect to accelerate or pay the full balance of their assessments on any annual payment date. Property owners who fail to make their annual payment are considered delinquent and are subject to foreclosure and sale of the liened property to recover unpaid assessments. See"HOMESTEAD EXEMPTION"below. Under Washington law, the special assessments on the improved and unimproved property within CLID No. 347 and 348 enjoy a lien thereon which is superior to any other lien or encumbrances, except any lien for general property taxes. If property owners fail to make assessment payments when due,the City can pursue foreclosure and sale of the liened property for which delinquencies occur,to recover unpaid assessments. Foreclosure Proceedings Chapter 35.50 of the Revised Code of Washington ("RCW') provides that if, on the first day of January in any year, two installments of any local improvement assessment are delinquent, or if the final installment has been delinquent for more than one year, foreclosure of the delinquent assessment or delinquent installments thereof will proceed in the superior court of the county in which the district is located. The foreclosure action will be commenced on or before March 1 of the year or on or before such other date in such year as may be fixed by general ordinance, after 30 days' notice to the owner of the property charged with the assessments or installments which are delinquent, at the address last known to the treasurer. If a judgment is taken against the defendant, the property will be sold at public auction. The defendant has the right to prevent the sale by paying the amount of the judgment at any time prior to the sale. If the property is sold,it may be redeemed by the defendant or any junior lienholder at any time up to two years after the date of the sale,by paying the amount for which the property was sold, plus interest and costs of the sale. Any money received by the City as a result of foreclosure action is deposited in the Bond Fund and used to repay the Bonds. Assessments in CLID No. 347 and 348 are levied against property, not property owners. Whether an assessment is paid when due depends on the owner of the property. The City does not have any control over the sale of property in CLID No. 347 and 348. The City does not and cannot make any representations as to the ability of the current or subsequent property owners in CLID No. 347 and 348 to pay their assessments. The City will pursue any remedies available under the law to collect assessments against property within CLID No. 347 and 348. Homestead Exemption Chapter 6.13 RCW permits any head of a family to protect a certain portion of the homestead(residence) from forced sale. In City of Algona v. Sharp, et. al., decided January 4, 1982, Division I of the Washington Court of Appeals held that the filing of a homestead exemption before a scheduled foreclosure sale of a residential property valued at $25,000 or less effectively exempted that property from a forced sale to enforce delinquent special assessments in a special benefit assessment district such as a local improvement district or utility local improvement district. 10 Subsequently, pursuant to chapter 442, Laws of 1987, the statutory homestead exemption was raised from $25,000 to $30,000. The records of the King County Assessor shows that no residential properties located within CLID No. 347 and 348 has a 1998 assessed value of $30,000 or less. However, assessed value do not necessarily represent either the fair market value or the forced sale price of such property, and those values could change over the life of the assessment roll installment collection. FUTURE LID FINANCING The City has formed LID No. 340 which has a Preliminary Assessment Roll of$21,034,200. LID Bonds are expected to be issued later in 1998 or early 1999. The City has a number of smaller LID projects in the early phase of development. LOCAL IMPROVEMENT DISTRICTS Local improvement projects are initiated either by petition of property owners or by resolution of the City Council. Projects must conform to those local improvements described in RCW 35.43.040. LIDs Nos. 347 and 348 were initiated by resolutions of the City Council. The Council sets the boundaries of the area to receive special benefits from the improvement projects;this area is referred to as a Local Improvement District (LID). If the project is initiated by petition, the petition describes the boundaries. The Council passes a resolution declaring its intention to initiate the improvement project and orders the preparation of an engineering report. The engineering report describes the project, estimates the cost and lists the affected properties. It may also specify the formula for apportioning the costs. The determination of feasibility and benefits are based on this report. In addition the City may cause a special benefits study to be prepared. Before the improvement project is approved, a public notice and hearing is required(RCW 35.43.125). Notices are mailed to the affected property owners as well as published. The notice provides each owner with the proposed project description and an estimate of benefits and costs. After the hearing,the Council determines whether the LID should be formed. With respect to an LID initiated by resolution, if,within thirty days after passage of the ordinance forming the district,property owners representing at least sixty percent of the proposed assessments protest LID formation, the district becomes ineffectual. Within a period of thirty days following the 30 day protest period a lawsuit challenging the LID formation may be filed. With respect to an LID formed by petition, such a lawsuit must be filed within thirty days following the passage of the formation ordinance. Upon completion of construction, the final costs are determined. Assessments are calculated and levied after a hearing on the final assessment roll and the adoption of the final roll by City Council. When a property owner receives a notice of assessment, he or she has the option of making a cash payment in full or making installment payments. This assessment liability places a lien against the property whereby the property owner is responsible for paying the assessment in installments as prescribed by Council. There is no pre-payment penalty. Payments may be made without penalty or interest during a period of thirty days following the assessment. RCW 35.50.010 states, "The lien shall be paramount and superior to any other lien or encumbrance theretofore or thereafter created except a lien for general taxes." CITY POLICY REGARDING DELINQUENT ASSESSMENTS A penalty of five percent plus interest rate established by ordinance attaches to and becomes a part of all assessments for local or special improvements or installments thereof immediately upon the same becoming delinquent. It is City policy to commence foreclosure proceedings on the delinquent LID assessments or installments thereof if two installments of LID assessments are delinquent. Once any action is brought for the foreclosure of a delinquent LID assessment, the delinquent balance of the assessment, with interest and penalties, become due and payable. A property owner with a delinquent LID assessment must then prepay the delinquent balance of the assessment, including interest and penalties to avoid foreclosure. 11 BONDHOLDERS' RISKS Prospective purchasers should carefully consider the following risk factors, as well as other information contained in this Official Statement,prior to purchasing the Bonds: 1. Special Obligations of the City. The Bonds are payable solely from the Bond Fund to be funded from special assessments levied against real property located within Consolidated Local Improvement District No. 347 and 348 and in certain circumstances from the City's Guaranty Fund. The Bonds are not general obligations of the City of Kent. No money raised from taxation by the City, other than to the extent deposited in the Guaranty Fund (see "Guaranty Fund"),will be available to pay principal of or interest on the Bonds. 2. Estimated Redemption Dates. The Bonds are sold on the basis of estimated maturity dates. Principal and interest due on the Bonds is payable from the Bond Fund funded by assessments levied against real property in CLID No. 347 and 348. Property owners may prepay their assessments in whole,at any time after the assessment is levied,by payment of the assessment, with interest accrued and to accrue thereon through the next date on which interest on the Bonds is payable. To the extent that funds are available above and beyond the interest currently due on the Bonds on any payment date,the City may redeem Bonds in numerical order. The amount of principal which will be called on any payment date depends upon the amount of payments, prepayments and delinquencies of assessments. Consequently, there can be no assurance that the Bonds will be called on the estimated redemption dates; they may be called earlier or later than estimated. 3. Secondary Market. While the Underwriter intends to maintain a secondary market in the Bonds after their issuance, there can be no assurance that such a secondary market can or will be maintained by the Underwriter or others, and purchasers of the Bonds should accordingly be prepared to hold their Bonds to maturity or earlier redemption. 4. Absence of Rating. The Bonds have not been rated by a rating agency and there is no expectation that the Bonds will be assigned a rating in the future. The absence of a rating may adversely affect the marketability of the Bonds in the secondary market. 5. Debt Service Payment. Payment of the principal of and interest on the Bonds is dependent on the ability of property owners within CLID No. 347 and 348 to pay special assessments on their property. Makeup of any Bond Fund shortages caused by non-payment of assessments is dependent upon the City's ability to draw upon the funds in the Guaranty Fund and/or to collect taxes for the Guaranty Fund in an amount sufficient to cover delinquent assessments and in pursuing the foreclosure and sale of the property on which delinquencies occur. 6. Property Foreclosure. Proceeds from any required foreclosure and sale of property in CLID No.347 and 348 may be subject to considerable delay and may not be sufficient to cover assessments and interest. 7. Assessment Lien Priority. Under state law, any future Local Improvement District assessments on the properties within CLID No. 347 and 348 would have the same priority of lien as the assessments levied in CLID No. 347 and 348. SEGREGATION OF ASSESSMENTS Pursuant to RCW 35.44.410,a property owner within CLID No. 347 and 348 may request that any assessment on a parcel of property within the CLID be divided among lots within that parcel. Such a segregation of assessments is subject to approval by the City Council and must be based on the formula and any special benefits analysis that was used to determine the original assessment roll. The property owner requesting a segregation of assessments must pay the costs that the City incurs in connection with the segregation. The City Council need not approve a segregation if the segregation would jeopardize the security of the lien for any assessment so as to reduce the security for the outstanding Bonds. 12 PAYMENT OF ASSESSMENTS WHEN PROPERTY IS SUBDIVIDED When parcels of property within CLID No. 347 and 348 are subdivided,a portion of outstanding assessments may need to be paid off. RCW 58.08.030 provides that prior to recording a plat with the County Auditor it is necessary to file a certificate "that all delinquent assessments for which the property affected may be liable at that date and that all special assessments assessed against said property,which,under the plat filed,become streets,alleys and other public places,have been paid." 13 CITY PROFILE General and Administration The City of Kent was incorporated in 1890 and encompasses 28 square miles in south King County with a 1998 population of 70,110. The City is the 8th largest in the State. Mayor and City Council The City has a full-time Mayor who is elected to a four-year term. The Mayor administers the policies established by the City Council. The City Council is the legislative authority of the City and establishes and controls policy for the City. Councilmembers are elected to staggered four-year terms by the qualified electors of the City. If a Councilmember is appointed to fill a vacancy on the City Council,the Councilmember serves for the unexpired portion of the vacated term. Administration of the City The City officials who are primarily responsible for administering the Bonds are listed below. J. Brent McFall,Director of Operations and Chief of Staff,has 20 years experience in city government. He was appointed to his current position on January 17, 1994. Mr. McFall served the previous four years as City Manager of Federal Way, Washington. Prior to his service in Federal Way, Mr. McFall was City Administrator of the City of Kent, Washington, City Manager of Emporia, Kansas, City Administrator of Merriam, Kansas and Assistant to the City Manager of Lawrence, Kansas. Mr.McFall holds a Bachelor of Arts and Master of Public Administration degrees from the University of Kansas. Mayene Miller, Finance Division Director, has been with the City since 1971. She was acting Finance Director from August 1992 until February 1994, when she was appointed Finance Division Director. The Finance Department includes accounting,financial planning and budget,treasury,utility billing, purchasing, central service and facility maintenance. She is a past member of Government Finance Officer's "Budget and Management Standing Committee," charter and current member of Government Finance Officer's Budget Review Committee, past president of Puget Sound Finance Officers Association and current member of the Local Government Advisory Committee for the State Auditor's office. Roger Lubovich, City Attorney, was appointed to his position in September 1990. In this capacity,he heads the City's Law Department. Prior to his employment with the City, he was in private practice in Seattle. His earlier work experience includes representation of numerous municipalities in the State of Alaska while in private practice in Anchorage, as well as an appointment as legislative assistant to the late U.S. Senator Warren G. Magnuson in Washington, D.C. Mr. Lubovich has a Bachelor of Arts degree in Business Administration from the University of Washington,an M.B.A. in International Finance from Seattle University,and he is a graduate of the University of Puget Sound School of Law. Brenda Jacober, City Clerk, has been employed in the Office of the City Clerk since 1975. She became Deputy City Clerk in 1986. She is a Certified Municipal Clerk,having completed her training in 1989. Ms. Jacober was appointed City Clerk in 1991. Principal Governmental Services of the City Police and Fire Protection. The City provides police and fire protection for its inhabitants, and employs approximately 180 people (on a full-time equivalent("FTE") basis) in its police department and 146 people (FTE) in its fire department. For 1998,approximately 59.3 percent of the city's annual general fund budget is allocated to public safety. Such appropriations are funded primarily from regular property and sales tax collections. Road Maintenance. The City maintains approximately 600 lane miles of streets, roads and alleys with a public works department consisting of approximately 58 people (FTE). The City isresponsible esosi 6' for paving 9 8%o percent of th roads, as well as clearing snow, ice, and debris from roads when necessary. Approximately General Fund Budget is allocated to the City's Street Division and Public Works Department, respectively, which amounts are to be funded in part by State auto excise receipts, sales tax receipts and regular property tax receipts, among other sources. 14 Parks. The City also maintains 1,408 acres of parks and greenbelts, the operating budget for which are funded primarily with regular property and sales tax receipts. Water, Sewer and Storm Drainage Services. The City has a water collection and distribution system, a sewer collection system and a storm drainage system,all of which are supported entirely with revenues from their operation. Labor Relations The City has 700 full-time equivalent employees. The City has contracts with eight labor unions representing approximately 452 employees which expire as follows: CITY OF KENT LABOR BARGAINING UNITS As of June 1, 1998 Approximate Name of Unit No.of Employees Contract Expires Teamsters Local 117 96 December 31, 1999 International Association of Firefighters 121 December 31, 1998 Police Officers Association 102 December 31, 1998 Police Officers Association,Management 10 December 31, 1998 American Federation of State, County and 132 December 31, 1997 Municipal Employees(AFSCME) IAFF,Management 2 December 31, 1999 P1 Contracts are in negotiation City officials strive to promote sound labor relations that are beneficial both to City operations and to employees and have indicated that there have been no strikes for at least 24 years and that employee relations are considered satisfactory. Retirement System The City employees belong either to the State of Washington Public Employees Retirement System(PERS)or, in the case of sworn police department personnel and firefighters, to the State Law Enforcement Officer's and Firefighter's System (LEOFF). Effective January 1, 1998,the actual contribution percentages to each of these retirement systems are as follows: PERS PERS 1 ") PERS II(�) City Employee City Employee 7.50%(3) 6.00% 7.50% 4.65% (1)Covers employees who entered PERS before 10/1/77. (2)Covers employees who entered PERS after 10/1/77. (3)Includes administrative expense of.20%. 15 LEOFF LEOFF 1 "I LEOFF II City Employee City Employee 6.18/of3 6.00% 5.270/0 8.48% Covers employees who entered LEOFF before 10/1/77. Covers employees who entered LEOFF after 10/1/77. (3) Includes administrative expense of 20"/o. City officials have indicated that all required contributions are being made to LEOFF and PERS. Actual contributions for the past five years(employer portion only)were as follows: 1993 1994 1995 1996 1997 Total $1,407,061 $1,620,953 $1,757,161 $1,965,356 $2,158,999 According to the State Actuary's office, no unfunded liability has been calculated regarding the City for the LEOFF and PERS systems. Investments The City has an investment policy adopted by the City Council. The investment policy was awarded the Municipal Treasurer's Association"Certificate of Excellence" in January 1996 and was commended for achieving fiscal responsibility. Pursuant to the investment policy, the City's Finance Division Director invests all temporary available cash surpluses, including amounts in the Bond Fund, in securities issued by the United States government and its agencies, municipal securities, certificates of deposit and the local government investment pool administered by the Washington State Treasurer (the "LGIP"). The Finance Division Director invests the City's debt service funds, separately from other funds, in accordance with the policies established by the City. All investments of the City are held by the City's primary bank, with the exception of: certificates of deposit;money invested through the LGIP; United States Treasury SLGS; and mutual funds (Fire Relief and Pension Fund)registered in the name of the City. The City's policy is to hold all investments to maturity. Insurance Coverage The City is a charter member of Washington Cities Insurance Authority(the"WCIA")formed by an interlocal agreement on January 1, 1981 pursuant to Chapters 48.62 and 39.34 of the Revised Code of the State of Washington. The WCIA is an organization of Washington cities and interlocal agencies now numbering 92. New members initially contract for a three year term, and thereafter automatically renew on an annual basis. A one year withdrawal notice is required before membership can be terminated. Termination does not relieve a former member from its unresolved loss history incurred during membership. WCIA offers a combination of self-insurance and standard insurance to cover liability and property risks,and provides related risk management services. Liability coverage is completely self-funded, written on an occurrence basis. The City has opted to self insure up to $100,000 per occurrence, saving significant premium costs. It includes general,automobile,police professional,public employee errors and omissions, advertising, stop gap, and employee benefits liability. Limits are $1 million per loss in the primary layer and an additional $3 million per loss, subject to a $12 million aggregate, in the first excess layer and $10 million per loss, with no annual aggregate except $10 million per member for public officials' errors and omissions. The second excess layer is reinsured by the insurance industry. Total limits are $14 million per occurrence. Total limits per loss is $7 million. The Board of Directors determines the limits and terms of coverage annually. As of the December 31, 1996 audited financial statements,the Authority had assets of$50.5 million. In-house services include risk management consultation, loss control field services, claims investigation company, consultants for personnel issues and land use problems,insurance brokerage and lobbyist services. WCIA is fully funded by its members, who make annual assessments on a prospectively rated basis, as determined by an outside, independent actuary. The assessment covers loss, loss adjustment, and administrative expenses. As outlined in the interlocal agreement,WCIA retains the right to additionally assess the membership for any funding shortfall. An investment committee, using investment brokers, produces additional revenue by investment of WCIA's assets in financial instruments which comply with all State guidelines. These revenues directly offset portions of the membership's annual assessment. WCIA is governed by a Board of Directors which is comprised of one designated representative from each member. The 16 Board elects an Executive Committee and appoints a Treasurer to provide general policy direction for the organization. The WCIA Executive Director reports to the Executive Committee and is responsible for conducting the day to day operations of WCIA. WCIA is not a joint venture. Members pay an annual assessment to the organization which is analogous to an insurance premium. From that assessment,claims and expenses are paid. Any unspent assessment dollars from a particular claim year are used to build reserves against other losses. No equity of member reserves are created. WCIA is a municipal corporation and audited annually as its own entity by the State Auditors Office. At December 31, 1997, fund equity was $339,401 in the City's liability fund and $74,705 in the City's property fund. In 1997, the City paid $1,272,762 for its liability claims and insurance coverages and $160,259 for its property claims and insurance coverage. Property coverages are provided by individual insurance carriers for all risks including earthquake and flood for buildings, contents, business income, extra expense,mobile equipment, fine arts and vehicles. Deductibles are $2,500 per occurrence with the exception of$25,000 per occurrence for vehicles except garaged vehicles is $2,500 per occurrence. The limits of liability are$15,000,000 per occurrence with $10,000,000 excess coverage with another insurance carrier. The City carries boiler and machinery coverage up to a maximum of$10,000,000 for any one accident. The City also carries fidelity bond coverage of$100,000 for its Finance Division Director and$50,000 for its Chief of Police. The City self insures for its underground storage tanks up to$500,000 per incident to an aggregate of$1,000,000. Accounting The accounting and reporting policies of the City conform to generally accepted accounting principles for municipal governments and are regulated and all books and records audited annually by the Washington State Auditor's Office, Division of Municipal Corporations. The City Finance Division Director maintains general supervision over financial transactions of all City funds including Accounting. The accounts of the City are organized by fund and account group, each of which is considered a separate accounting entity. Each fund has a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. The City's resources are allocated to, and accounted for in, individual funds according to the purposes for which they are spent and the means by which spending activities are controlled. The full accrual basis of accounting is employed for all proprietary funds. The City received the Certificate of Achievement for Excellence in Financial Reporting for its 1996 Comprehensive Annual Financial Report. 17 GENERAL AND ECONOMIC INFORMATION The City is located in southern King County, in the Green River Valley, approximately 18 miles south of Seattle and 18 miles northeast of Tacoma. State Highways No. 167, 181 and 516 pass through the City, and Interstate 5 passes through the City's west side. Seattle-Tacoma International Airport is just west of the City's northern border. The economy of the City was originally based on agriculture, logging and the processing of faun products. The City's close proximity to expanding urban markets helped foster its growth. Farming remained a dominant industry in the area until the 1950s when the economy diversified to include industrial development. POPULATION OF THE CITY AND THE COUNTY Year City of Kent King County 1998 70,110 1,665,800 1997 62,002 1,646,200 1996 60,380 1,628,800 1995 44,258 1,613,600 1994 41,880 1,599,500 1993 41,090 1,587,700 1992 40,300 1,564,500 1990 (1) 37,960 1,507,319 Source: U.S.Census Bureau Source:State of Washington Office of Financial Management Major Employers The Boeing Company("Boeing"),which currently has approximately 83,000 employees in the State, employs approximately 8,514 people at its Kent Defense and Space Center complex. The Defense and Space Center, which has been located in the City since 1964, is primarily an engineering and technical center for research and development and computer services,with some production of aerospace equipment conducted in the plant. Some of the other major employers in the City are listed in the following table. MAJOR EMPLOYERS IN THE CITY Based on 1998 Business Licenses Employer Nature of Business Approximate No.of Employees Boeing Defense and Space Group Aerospace research and products, 8,514 (Kent Space Center) computer service,aerospace equipment Kent School District Education 2,400 HEXCEL Corp. Aerospace components 1,085 City of Kent City government 700 Food Services of America Wholesale food and produce 671 Sysco Corp. Wholesale Food 600 Mikron Industries,Inc. Plastic molding manufacturer 477 REI Inc. Recreational clothing and equipment 415 Sabey Corp. Sun Sportswear 400 Lunstead,Inc. Office furniture manufacturer 349 Flow International Scientific research and water jet 346 Exotic Metals Forming Co. Aircraft parts manufacturer 319 Source: City of Kent Business License System 18 Industry and Employment The preliminary unemployment rate in the Seattle PMSA for January 1998 was 3.1 percent, as compared to 5.3 percent for the State as a whole. The following table provides information regarding civilian labor force and nonagricultural employment in the Seattle PMSA. SEATTLE-BELLEVUE-EVERETT PMSA (KING,SNOHOMISH AND ISLAND COUNTIES) RESIDENT CIVILIAN LABOR FORCE AND EMPLOYEMENT AND NONAGRICULTURAL WAGE AND SALARY EMPLOYMENT 11l(2) Annual Average 1996 1995(2) 1994'z) 1"3 Civilian Labor Force 1,277,900 1,239,800 1,200,100 1,198,500 Employment 1,214,400 1,174,000 1,131,800 1,120,400 Unemployment 63,500 65,800 68,300 78,100 Percent of Labor Force 5.0% 5.3% 5.7% 6.5% TOTAL NONAGRICULTURAL EMPLOYMENT 1,225,200 1,180,000 1,158,300 1,143,800 TOTAL MANUFACTURING 195,800 187,900 195,700 203,600 Aircraft&Parts 83,500 77,800 89,300 99,600 Miscellaneous Transportation Equipment 8,500 9,100 8,200 7,300 Food Products 17,000 16,600 15,700 14,00 Wood Products and Paper 12,600 12,600 12,800 12,800 Machinery and Electrical 17,300 16,800 15,300 14,700 Instruments 11,000 10,500 10,000 11,400 Textiles,Apparel&Leather 4,600 4,700 4,600 4,500 Printing&Publishing 14,200 13,900 13,900 13,900 Other 27,100 25,900 25,300 25,300 CONTRACT CONSTRUCTION 60,700 58,400 57,800 58,900 TRANSPORTATION,COMM.&UTILITIES 74,200 72,300 70,100 69,000 WHOLESALE&RETAIL TRADE 295,000 287,800 277,800 271,400 FINANCE,INSURANCE&REAL ESTATE 75,000 73,500 75,700 75,300 SERVICES 348,000 327,500 311,800 299,300 GOVERNMENT 175,400 172,000 168,700 165,900 Columns may not add to totals due to rounding. cZ� The Seattle PMSA was revised to includes Island County as of 1994 0) Preliminary Source: State of Washington Employment Security Department Per Capita Income The following table presents per capital person income(presented 11995 dollars). 1995 1"4 1993 1992 1991 Seattle PMSA $28,773 $27,097 $26,180 $25,725 $24,220 King County 31,248 29,295 28,227 27,741 26,031 State of Washington 23,709 22,526 21,832 21,313 20,168 Source: U.S. Bureau of Economic Analysis, U.S. Department of Commerce 19 Housing Units The following table demonstrates the growth trend of housing units within the City and the five other largest cities in the County,comparing the U.S.Census figures for 1980 and 1990 and estimates for 1996. 1996 1990 1980 King County 705,729 647,301 585,562 Kent 26,385 17,484 10,942 Seattle 260,894 249,012 230,039 Bellevue 44,694 34,427 29,315 Federal Way 31,256 28,035 NA Renton 21,084 19,243 13,739 Kirkland 19,645 18,063 8262 Sources: State of Washington, ice of Financial Management(1996 data)and U.S. Department of Commerce, Bureau of Census(1980 and 1990 data) Education Portions of six different school districts are located within the City of Kent: Highline, Renton, Auburn, Tahoma, Federal Way and Kent. The major district is Kent School District No. 415, which consists of seventeen elementary schools, five junior high schools,three senior high schools,a special education school and a head start facility. Green River Community College near Auburn and Highline Community College at Midway are within ten minutes' driving time of the City. The University of Washington, Seattle University and Seattle Pacific University are in Seattle. Pacific Lutheran University and the University of Puget Sound in Tacoma are within commuting distance of the City. Day and night adult education courses are conducted as part of the Green River and Highline Community College programs. Transportation Train service is provided by Burlington Northern and Union Pacific. The City is served Mo Transit y all orLines.uck lines Seattle Ta the Seattle-Tacoma area. Bus travel is furnished to all parts of King County by ma International Airport is 15 minutes away from the City. Auburn Municipal Airport, located south of Kent, serves the area as does Crest Air Park east of the City. The voters recently approved a regional rail and bus transit plan which provides funding for enhanced commuter transportation. For the Kent area,this includes service by two regional bus routes to Auburn,Bellevue,Federal Way,Renton and Puyallup,a third regional express bus route between Tacoma and Seattle, and a station for commuter rail transit utilizing existing track and right of way. This has not been finalized, but is scheduled to commence within the next three to four years. Local Development A$152 million King County Regional Justice Center located in the City's downtown area opened in April, 1997. The center is located on a 19-acre site and includes a 896-bed jail,22 courtrooms,office space and meeting rooms. 20 CITY OF KENT BUILDING PERMITS New Construction Value of New Construction Single Multi- Total Value of Family Family Single Family All Permits Residences Units Commercial Industrial Residences Issued°I 1997 144 45 $49,300,211 $18,081,358 117,473,255 1996 128 60 62,926,466 15,568,026 130,510,340 1995 176 58 46,196.052 56,267,613) 15,248,813 216,842,336 «� 1994 90 19 29,650,204 11,276,248 11,423,936 61,741,401 1993 65 86 31,487,547 13,063,057 14,638,455 70,059,678 1992 81 252 35,168,985 1,924,015 10,195,788 65,124,941 1991 71 119 17,767,500 - 7,833,354 68,179,465 1990 62 568 59,761,084 6,901,343 148,397,680 Source: City of Kent, Washington ' Includes commercial, industrial, residential (single family and multi-family units), as well as minor amounts for governmental, demolition and alterations. Multi-family housing accounted for approximately 12.1 percent of the total value of all permits in 1994. a) Includes permit for King County Regional Justice Center valued at 593,800,000 TAXABLE RETAIL SALES Year City of Kent(1) 1997 52,200,440,212 1996 1,998,284,964 1995 1507,693,474 1994 1,395,594,587 1993 1,295,773,589 1992 1,216,716,760 1991 1,213,601,272 1990 1,252,127,143 (1) Source: Sales tax receipts records-City of Kent 21 LEGAL INFORMATION Litigation There is no litigation questioning the validity of the Bonds or the power and authority of the City to issue the Bonds. An appeal from an assessment in LID No. 348 has been filed with the City Clerk in the total amount of approximately $96,000. This appeal also has been filed with the King County Superior Court. While the City anticipates that the appeal can be defended successfully,the City has covenanted in the Bond Ordinance that it shall provide from other available City funds and shall deposit promptly in the Bond Fund the total principal amount by which the assessment may be reduced by court judgment or settlement,together with interest for one year on such amount at the bond rate. Approval of Counsel Legal matters incident to the authorization, issuance and sale of Bonds by the City are subject to the approving legal opinion of Foster Pepper& Shefelman,PLLC, Seattle, Washington,Bond Counsel. A copy of the opinion of Bond Counsel will be printed on the Bonds. A form of the opinion is attached as Appendix A. Bond Counsel has reviewed this document only to confirm that the portions of it describing the Bonds and the authority to issue them conform to the Bonds and the applicable laws under which they are issued. Conflicts of Interest Some or all of the fees of the Underwriter and Bond Counsel are contingent upon the issuance and sale of the Bonds. Furthermore,Bond Counsel from time to time serves as counsel to the Underwriter with respect to transactions other than the issuance of the Bonds. None of the council members or other officers of the City have interests in the issuance of the Bonds that are prohibited by applicable law. TAX EXEMPTION Exclusion from Gross Income. In the opinion of Bond Counsel, under existing federal law and assuming compliance by the City with applicable requirements of the Internal Revenue Code of 1986, as amended(the "Code"),that must be satisfied subsequent to the issue date of the Bonds, interest on the Bonds is excluded from gross income of registered owners for federal income tax purposes under existing federal law and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. See "Corporate Alternative Minimum Tax," "Corporate Environmental Tax," "Tax on Certain Passive Investment Income of S Corporations" and"Foreign Branch Profits Tax"below. Continuing Requirements. The City is required to comply with certain requirements of the Code after the date of issuance of the Bonds in order to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes, including without limitation, requirements concerning the qualified use of Bond proceeds and the facilities financed or refinanced with Bond proceeds, limitations on investing gross proceeds of the Bonds in higher yielding investments in certain circumstances, and the requirement to comply with the arbitrage rebate requirements to the extent applicable to the Bonds. The City has covenanted in the Bond Ordinance to comply with those requirements,but if the City fails to comply with those requirements,interest on the Bonds could become taxable retroactive to the date of issuance of the Bonds. Bond Counsel has not undertaken and does not undertake to monitor the City's compliance with such requirements. Corporate Alternative Minimum Tax. While interest on the Bonds also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations,under Section 55 of the Code, tax-exempt interest, including interest on the Bonds,received by corporations is taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations(as defined for federal income tax purposes). Under the Code, alternative minimum taxable income of a corporation will be increased by 75% of the excess of the corporation's adjusted current earnings(including any tax-exempt interest) over the corporation's alternative minimum taxable income determined without regard to such increase. A corporation's alternative minimum taxable income,so computed,that is in excess of an exemption 22 of $40,000, which exemption will be reduced (but not below zero) by 25% of the amount by which the corporation's alternative minimum taxable income exceeds$150,000, is then subject to a 20%minimum tax. For taxable years beginning after December 31, 1997,the corporate alternative minimum tax is repealed for a small business corporation that had average gross receipts of less than$5 million for the 3-year period beginning after December 31, 1994, and such a small business corporation will continue to be exempt from the corporate alternative minimum tax so long as its average gross receipts do not exceed$7.5 million. Tax on Certain Passive Investment Income of S Corporations. Under Section 1375 of the Code, certain excess net passive investment income, including interest on the Bonds, received by an S corporation (a corporation treated as a partnership for most federal tax purposes)that has Subchapter C earnings and profits at the close of the taxable year may be subject to federal income taxation at the highest rate applicable to corporations if more than 25%of the gross receipts of such S corporation is passive investment income. Foreign Branch Profits Tax. Interest on the Bonds may be subject to the foreign branch profits tax imposed by Section 884 of the Code when the Bonds are owned by,and effectively connected with a trade or business of,a United States branch of a foreign corporation. CERTAIN OTHER FEDERAL TAX CONSEQUENCES Bonds Not"Qualified Tax-Exempt Obligations" for Financial Institutions. Section 265 of the Code provides that 100% of any interest expense incurred by banks and other financial institutions for interest allocable to tax-exempt obligations acquired after August 7, 1986, will be disallowed as a tax deduction. However, if the tax-exempt obligations are obligations other than private activity bonds,are issued by a governmental unit that, together with all entities subordinate to it, does not reasonably anticipate issuing more than $10,000,000 of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) in the current calendar year, and are designated by the governmental unit as "qualified tax-exempt obligations," only 20% of any interest expense deduction allocable to those " obligations will be disallowed. The City is a governmental unit that reasonably anticipates issuing more than $10,000,000 of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation)during the current calendar year and has not designated the Bonds as "qualified tax-exempt obligations" for purposes of the 80% financial institution interest expense deduction. Therefore, no interest expense of a financial institution allocable to the Bonds is deductible for federal income tax purposes. Reduction of Loss Reserve Deductions for Property and Casualty Insurance Companies. Under Section 832 of the Code, interest on the Bonds received by property and casualty insurance companies will reduce tax deductions for loss reserves otherwise available to such companies by an amount equal to 15%of tax-exempt interest received during the taxable year. Effect on Certain Social Security and Retirement Benefits. Section 86 of the Code requires recipients of certain Social Security and certain Railroad Retirement benefits to take receipts or accruals of interest on the Bonds into account in determining gross income. Other Possible Federal Tax Consequences. Receipt of interest on the Bonds may have other federal tax consequences as to which prospective purchasers of the Bonds may wish to consult their own tax advisors. CONTINUING DISCLOSURE The City is exempt from the ongoing disclosure requirement of Securities and Exchange Commission Rule 15c2-12 by reason of the exemption set forth in subsection (d)(i) of that rule with respect to the issuance of securities in a principal amount of$1,000,000 or less. 23 RATING As noted on the cover page of this Official Statement, no application was made to any rating agency for the purpose of obtaining a rating on the Bonds. UNDERWRITING Dain Rauscher Incorporated (the "Underwriter") has agreed, subject to certain conditions, to purchase the Bonds from the City at a price of %of the par value of the Bonds, less certain expenses plus accrued interest. The Bonds will be reoffered at an average price of % of the par value of the Bonds, plus accrued interest. The Bonds may be offered to certain dealers at yields higher than such public offering yields, and such public offering yields may be changed, from time to time,by the Underwriter. The Underwriter's obligations are subject to certain conditions and it will be obligated to purchase all Bonds,if any such Bonds are purchased. MISCELLANEOUS Provisions Summaries The descriptions herein of the Bond Ordinance and other documents are brief summaries of certain provisions thereof. Such summaries do not purport to be complete, and reference is made to such documents and contracts, copies of which are available,upon request and upon payment to the City of a charge for copying,mailing and handling,from the City's Finance Division Director,City of Kent,220 Fourth Avenue South,Kent,Washington 98032. OFFICIAL STATEMENT CERTIFICATION The undersigned official of the City hereby confirms and certifies that the execution and delivery of this Official Statement has been duly authorized by the City Council. CITY OF KENT, WASIIINGTON By: Jim White, Mayor 24 APPENDIX A FORM OF LEGAL OPINION FOSTER PEPPER & SHEF-ELMAN PLLC .A T T O R V E Y 5 A T L A W [FORM OF APPROVING LEGAL OPINION] City of Kent, Washington Re: City of Kent, Washington,$942,617 Consolidated Local Improvement District No. 347 and 348 Bonds We have served as bond counsel to the City of Kent, Washington (the ,I,t THIRD "City"), in connection with the issuance of the above-referenced bonds (the AVENUE "Bonds"), have examined a certified transcript of proceedings relating to the Bonds S E ATT t E D and have examined an executed and authenticated Bond or a facsimile thereof. Washington g8cor-:c99 The following ordinances of the City established the following local Telephone improvement districts,respectively: ,,o 6,4 4,-4 4 O D mom,, Created B Local Improvement y Facsimile;_o 6,4 4 7-9 7 0 0 District No. Ordinance No. Web,,t e WWW.FOSTER.COM 347 3294 348 3347 The Bonds are issued pursuant to the laws of the State of Washington and Ordinance No. of the City (the 'Bond Ordinance") for the purpose of providing the funds necessary to pay so much of the cost and expense of improvements ordered by those ordinances as is levied and assessed against the property included in ANCHORAGE Consolidated Local Improvement District No. 347 and 348 and benefited by those Alaska improvements. The Bonds are payable solely from special assessments levied in the above-referenced local improvement districts and paid into the Consolidated Local B E L L E V U E Improvement Fund,District No. 347 and 348 of the City (the "Bond Fund") and from Was h,ngton the Local Improvement Guaranty Fund of the City. P O R T L A H D O tegOn The Bonds are dated August 1, 1998,mature on September 1, 2015, are in the denominations, bear interest payable on the dates and at the rates, have such S E A T T L E prepayment or redemption provisions and have such other provisions as are set forth Washington in the Bond Ordinance and in the Bonds. 50031410.01 City of Kent, Washington [Date] Page 2 We have not been engaged to review, have not reviewed and thus express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales or disclosure material relating to the issuance of the Bonds or otherwise used in connection with the Bonds. Under the Internal Revenue Code of 1986, as amended (the "Code"), the City is required to comply with certain requirements after the date of issuance of the Bonds in order to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes, including, without limitation, requirements concerning the qualified use of Bond proceeds and the facilities financed or refinanced with Bond proceeds, limitations on investing gross proceeds of the Bonds in higher yielding investments in certain circumstances and the arbitrage rebate requirement to the extent applicable to the Bonds. The City has covenanted in the Bond Ordinance to comply with those requirements, but if the City fails to comply with such requirements, interest on the Bonds could become taxable retroactive to the date of issuance of the Bonds. We have not undertaken and do not undertake to monitor the City's compliance with such requirements. As of the date of initial delivery of the Bonds to the purchaser thereof and full payment therefor, it is our opinion that: 1. The City is a duly organized and legally existing code city under the laws of the State of Washington; 2. The Bonds are issued in full compliance with the provisions of the Constitution and laws of the State of Washington and the ordinances of the City relating thereto; 3. The Bonds constitute valid obligations of the Bond Fund and the Local Improvement Guaranty Fund of the City, except only to the extent that enforcement of payment may be limited by bankruptcy, insolvency or other laws affecting creditors' rights and by the application of equitable principles and the exercise of judicial discretion in appropriate cases; 4. The Bonds are not general obligations of the City; and 5. Assuming compliance by the City after the date of issuance of the Bonds with applicable requirements of the Code, under existing federal law the interest on the Bonds is excluded from gross income of the registered owners for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals; however, while interest on the Bonds also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by corporations is to be taken into account in the computation of adjusted current earnings for 50W 1410.01 City of Kent, Washington [Date] Page 3 purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by certain S corporations may be subject to tax, and interest on the Bonds received by foreign corporations with United States branches may be subject to a foreign branch profits tax. We express no opinion regarding any other federal tax consequences of receipt of interest on the Bonds. We bring to your attention the fact that the foregoing opinions are expressions of our professional judgment on the matters expressly addressed and do not constitute guarantees of result. Respectfully submitted. FOSTER PEPPER& SHEFELMAN PLLC 50031410.01 . ............. . Kent City Council Meeting Date Auaua* 4 199E Category Consent Calendar 1 . SUBJECT: DIVERSITY ADVISORY BOARD ESTABLISHMENT - ORDINANCE 2 . a*nnRv STATEMENT: Adoption of Ordinance No. establishing a Diversity Advisory Board. The Mayor' s Multi- Cultural Diversity Task Force has recommended the creation of a Diversity Advisory Board. This ordinance creates such a board of seven members to be appointed by the Mayor and confirmed by Council . The Board will advise the Mayor and Council on matters pertaining to diversity in City policies, employment, contracting, and the like. 3 . FXHI=: Ordinance and memorandum 4 . REQ MENDED BY: b2a� ��i�lj� Committee and Mul i -Cutlural Diversity (Committee, Staff, Examiner, Commission, etc . ) 5 . IMMUDGETE12 FISCAL/PERSONNEL IMPACT• NO X YES 6 . EXPENDITURE RE -U-11W: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I City of Kent MEMORANDUM DATE: July 16, 1998 TO: Kent City Council Operations Committee FROM: Brent McFall, Director of Operations Dena Laurent, Government Affairs Manager SUBJECT: Creation of a Diversity Advisory Board Please find attached a draft ordinance establishing a Diversity Advisory Board. Establishment of such a Board was a key recommendation of the Mayor's Multicultural Diversity Task Force. The purpose of the Diversity Advisory Board would be to advise the Mayor and City Council on policy matters, providing input to the Council's policy process with respect to the community's cultural and diverse differences and promoting and facilitating active involvement and participation by diverse cultures within the Kent community. The Board's responsibilities would include: ✓ serving as a resource and providing recommendations for the City of Kent regarding -_ opportunities to address or promote diversity issues or programs within the City and the community ✓ annually reviewing the City's progress in implementing a Citywide Diversity Plan and reporting the results of the review to the Mayor and City Council, and ✓ encouraging involvement by diverse groups and other individuals in the Kent community and government. The Board would be composed of seven members, appointed by the Mayor and confirmed by the City Council. Members would be Kent residents and representative of the diversity of the community. Board members would serve as City volunteers without compensation. Please do not hesitate to contact me at 859-4154, if I can provide additional information. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new chapter to the Kent City Code establishing a Diversity Advisory Board. WHEREAS, the City of Kent is a community experiencing remarkable growth in a citizenry that is culturally diverse; and WHEREAS, in a community comprised of citizens of different traditions and ethnicity reflecting diversity,it is important to develop understanding and appreciation for those differences, as well as finding common areas of strength; and WHEREAS, the City of Kent Mayor's Multicultural Diversity Task Force was formed in September 1997 to study and report to the Mayor on the "new Kent" demographics, using 1990 census data and other means to gain a clear picture of Kent as a community of diverse peoples, and WHEREAS, the City of Kent Mayor's Multicultural Diversity Task Force was formed to study and report to the Mayor on the trends and implications of these demographics for City service needs and service delivery, including current efforts and challenges in serving specific groups of citizens, and 1 Diversity Advisory Board WHEREAS,the City of Kent Mayor's Multicultural Diversity Task Force was formed to prepare recommendations for delivering and/or reviewing City practices, operations and services to meet the needs and circumstances of all Kent citizens; and WHEREAS,the Task Force completed its work and presented its findings to the Mayor in June, 1998, recommending the formation of an ongoing advisory board on diversity; and WHEREAS, it has been determined such a Board would be a valuable resource to the City of Kent,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 2.56 entitled "Diversity Advisory Board" as hereby added to the Kent City Code as follows: Chapter 2.56. Diversity Advisory Board Sec.2.56.010. Establishment of Board. There is hereby established a Diversity Advisory Board which shall serve in an advisory capacity to the Mayor and City Council of the City of Kent. Sec. 2.56.020. Purpose. The Diversity Advisory Board shall provide input to the Mayor and City Council on policy and process that promote and facilitate active involvement and participation by diverse cultures within the Kent community. Sec. 2.56.030. Responsibilities. The Board shall have the following responsibilities: A. To promote understanding that accepts, celebrates and appreciates diversity within the community• 2 Diversity Advisory Board B. To serve as a resource and provide recommendations for the City of Kent regarding opportunities to address or promote diversity issues or programs within the City and the community. C. To annually review the City's progress in implementing a Citywide Diversity Plan and report the results of the review to the Mayor and City Council. D. To issue reports and actively participate in ongoing dialogue with the community consistent with the purpose of the Board. E. To promote and encourage active involvement and participation by diverse cultures within the Kent community and city government. F. To enlist the cooperation of various groups in the community to participate in educational, cultural and other campaigns demonstrating an awareness of ethnic cultural and human diversity in the community. Sec. 2.56.040. Composition of the Board. The Board shall consist of seven members who shall be appointed by the Mayor and confirmed by the City Council. Membership shall be Kent residents and, to the extent possible, representative of the diversity of the community. Board members shall serve as City volunteers without compensation. Sec. 2.56.050. Terms of Appointment. Members shall serve three year terms. The initial terms shall be staggered with two members appointed to serve one year terms, two members appointed to serve two year terms and three members appointed to serve three year terms. The Board Chair shall be appointed annually by the Board's members. Sec. 2.56.060. Staffing. The Mayor shall appoint appropriate staff as he or she deems appropriate to assist the Board in the preparation of its reports and records as are necessary for the operation of the Board. The Board shall operate in accordance with its duly adopted by-laws. Sec. 2.56.070. Meetings. The Board shall meet upon the call of the chairperson, as necessary. 3 Diversity Advisory Board Sec. 2.56.080. Attendance and Vacancies. At any meeting of the Board, the Board may recommend to the Mayor removal of any member who misses three consecutive meetings without being excused by the board upon an affirmative vote of a majority of the Board. To fill unexpired terms,replacement appointments will be made as necessary by the Mayor and confirmed by the City Council. Appointments made to fill vacancies will be made to fill the portion of the unexpired term. SECTION 2. - 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 3. - Effective Date. This ordinance shall take effect and be i force thirty (30) days from and after its passage, approval and publication as provided b law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 4 Diversity Advisory Board PASSED: day of , 1998. APPROVED: day of 51998. 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:\L.AW\ORDMANCWivmity ord.dm 5 Diversity Advisory Board Kent City Council Meeting Date Aug= 4 . 1998 Category Consent calendar 1 . SUBJECT: BUILDING INSPECTOR POSITION - AUTHORIZE & ESTABLISH BUDGET 2 , c uY STATEMENT: As recommended by the Operations Committee, approval to amend the Planning Department ' s Development Services Division 1998 budget to add one Combination Building Inspector position at a cost of $50 , 400 to include salary, benefits, vehicle, computer, and miscellaneous equipment ; and to increase the Division' s overtime budget for 1998 by $20 , 000 for a total budget impact of $70 , 400 . 3 . EXHIBITS: Staff memos from Director of Operations McFall and Building Official Hutchinson 4 . RECoMMENDED BY: Staff and Operations Committee (Committee, Staff , Examiner, Commission, etc . ) 5 , IRMUDGETE12 FISCAL/PERSnNNEL IMPACT• NO YES 6 . EXPENDITURE REOUIRED: $70 400 SOURCE OF FUNDS : General Fund Revenue Accounts 001 1850 221001 221OQ2 221003 221004 and 458300 (permit &Ulan review fees) 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3J MEMORANDUM TO: OPERATIONS COMMITTEE FROM: BRENT McFALL SUBJECT: DEVELOPMENT SERVICES STAFFING DATE: July 15, 1998 Attached you will find a memorandum from Building Official Bob Hutchinson in which he addresses the problems we are facing with the current high level of building activity in the city. Bob is recommending the addition of staff and overtime budget to address this problem. I concur with the need to resolve this problem, and recommend the following action: That the 1998 Budget be amended to add one Combination Building Inspector at a cost of $50,400 to include salary, benefits, vehicle, computer, and miscellaneous equipment; and to increase the overtime budget for 1998 by S20,000 for a total budget impact of$70,400. I regard this as an interim step. We will evaluate the situation further as we develop recommendations for the 1999 budget. Operations committee dev set memo CITY OF KENT PLANNING DEPARTMENT DEVELOPMENT SERVICES DIVISION (253) 859-3360 MEMORANDUM July 4, 1998 TO: Brent McFall, Director of Operations FROM: Bob Hutchinson, Building Official SUBJECT: Development Services Overload Strategy CC: Jim Harris, Planning Director The City is at a point where the volume of development and construction activity is overwhelming Development Services Division ("building") staff resources in customer service, plan review, and especially in building inspections. This memorandum is intended to convey the details of the situation, propose actions to address the workload/staff imbalances, and request your approval and support in implementing these actions. The Problem: Volume of Work/Staff Levels: Customer service, while definitely the focus of all DSD staff, is used in this memo to mean the work of the 3-employee Development Permit Technicians team. They provide immediate service at our customer counter and via telephones; are the initial point of contact for almost all of our customers; maintain development records; receive and process inspection requests; and through permit application intake, routing and permit issuance, help to coordinate the multi-departmental permit process. A rough but useful measurement of customer service workload is the raw count of total numbers of permit applications (all types) received. These have increased from 1871 in 1994 to 2905 in 1997 (projected to be 2930 in 1998) , while staff levels have been unchanged since the increase from 2 to 3 positions in 1994 (see attached Exhibits A- 1,2,3). While automation has helped us maintain staffing levels with these increases, the automation planned for the foreseeable future will not provide similar gains in efficiency. This team is stretched beyond maintainable levels with current workloads. Plan review, to verify codes compliance of development and construction projects, is the central function of the permit process. While many simple projects can, and do, receive code compliance verification at the counter from permit technicians or in the 1 field from building inspectors, a great many are of sufficient complexity to require review and analysis of the details of the proposal. Numbers of permit applications filed requiring DSD ("building") plan review have increased from 836 in 1994 to 1216 in 1997. 1998 projection based on 6 months actual data is 1446 such permit applications (see attached Exhibits B-1,2,3). Staff dedicated to the plan review function have increased from 2 to only 2.5 full-time employees (FTEs) during this 5-year period, and have been able to meet workload demands only by utilizing strategies with limited utility and efficiency. These strategies included: contracting with an outside vendor for some plan review work (I.C.B.O. in 1995, >$70,000); assigning some plan review work to building inspections staff (Assistant Building Official/inspector supervisor, 1997,1998); seeking temporary March 1998 ; and hiring a temporary part- contract employees (Waldron Resources, ), g p �' time employee (K.C. Ellis, March — present, 1998); extending target dates for plan review (March-April, 1998) and authorizing all the overtime employees will work (1998 to date). None of these strategies work well in the long term and collectively they are not adequate to handle the current and anticipated excess workload, unless authorization is given to contract work out again and/or hire additional staff. Building inspections comprise the most extensive customer interactions and arguably the most important, for this is the activity of verifying code compliance of actual construction. The raw number of inspections made is a reasonable workload quantifier and shows increases from 7,609 in 1993 to 19,326 in 1997. During this period, staff has increased from 2.3 FTEs to 5.5 FTEs (see attached Exhibits C-1,2,3). Automation had only a minimal positive impact on efficiency in this function as a great deal of the time available is consumed in direct interactions with customers and travel between construction sites. While planned future automation is expected to improve customer service capabilities in this area, it can not be expected to reduce staffing needs. Beyond adding staff, strategies used to date have been limited to authorization of overtime. This is rapidly becoming less effective, as staff is approaching burnout from such overtime demands. In addition, the use of the Assistant Building Official/inspector supervisor to attempt to balance plan review demands has limited his availability to assist with inspection workloads. Inspection staff levels are not adequate to handle current or anticipated workloads and can not be expected to continue their current level of effort. Problem-Solving Strategy/Solutions: We are at this crisis stage precisely because we have already exhausted all "easy" approached to resolving the staff level/workload imbalance. It is obvious that the most feasible and cost-effective long—term solution to an ongoing workload/ staff imbalance is to match staff levels to workload, which will be reflected in1999 budget proposals. However, the immediate need requires a much more immediate response. Some options and alternatives are as follows: Option 1 Contract plan review work to ICBO and add $30,000 to 1998 overtime. This option was implemented early in 1995. After 6 months and approximately $70,000 costs, it was discontinued and a plans examiner position authorized. The effect was to allow us to meet workloads, but at significant costs in efficiency (in-house plan review is about twice as cost-effective) and customer service (performance, accessibility, and responsiveness can be maintained much better with in-house employees). Cost of this option is estimated at $100,00 in 1998, with ongoing costs in 1999 estimated to equal and perhaps double this amount. Option 2: Do Nothing Through May, over 70% of the Division's overtime budget was consumed, and will be completely spent very soon. Unless augmented, this will require elimination of overtime as well as elimination of the 1 temporary part-time temporary plans examiner in July. This would have the immediate impact of lengthening already elongated (by 3 weeks) permit review times and result in an accumulating backlog of delayed construction inspections. These impacts would, in turn, slow the City's revenue stream from plan review fees, permit fees, and sales tax from construction and commercial development, as well as compromise our efforts to maintain a positive public view of Kent's permit process. Doing nothing is an unacceptable alternative. Option 3 Hire one (1) additional permanent full-time Combination Building Inspector and one(1) additional permanent full-time Plans Examiner as soon as possible. This proposal would potentially have these positions filled by September 1, 1998. This would exhaust all overtime resources and extend target dates during recruitment, but would allow for staff to catch up by the end of the year and maintain service levels (at projected workloads) in these areas in 1999. Permit technicians would, however, require assistance from plans examiners and inspectors to maintain service through 1998. Cost of this option is estimated at $84,000 in 1998, which includes $34,000 in one-time capital outlay (vehicle, computers, equipment) and ongoing costs in 1999 of$146,000. Option 4 Hire one (1) additional permanent full-time Combination Building Inspector as soon as possible and authorize an additional $30 000 in overtime for 1998. This would allow for increased utilization of the Assistant Building Official in charge of inspections to do plan review, while maintaining overtime capability to help with all areas of work. It would not provide adequate staffing to restore service levels, and would be inadequate to alleviate staff burnout. Cost of this option is estimated at $80,400 in 1998, which includes $27,000 in one-time capital outlay (vehicle, computer, equipment) and ongoing costs in 1999 of $98,500 O tion 5. Hire one 1 additional permanent full-time Plans Examiner as soon as possible and authorize an additional $30 000 in overtime for 1998. This would allow the Assistant Building Official in charge of inspections to be dedicated to the inspection function, while maintaining overtime capability to help with all areas of work. It would not provide adequate inspections staffing to restore service levels, and would be inadequate to alleviate staff burnout. Cost of this option is estimated at $63,600 in 1998, which includes $7,000 in one-time capital outlay (computer, equipment) and ongoing costs in 1999 of $77,500. Costsirevenue: How to pay for it: The unanticipated increases in workload bring with them unanticipated increases in revenue, as building permit and plan review fees are directly related to valuation of permits. Year-to-date (through May) plan review fees total 69% of the 1998 budgeted amount (see attached Exhibit D) . If this increased level continues through the remainder of 1998, actual revenues would exceed budgeted revenues by $286,966 for plan review fees alone. Conservatively projecting only half of this surplus ($143,483) provides for 158% of this proposal's cost. No indicators of decline in these levels for 1999 are evident. In addition, building permit fees are certain to produce a significant surplus over budgeted and projected revenues in 1998, and barring a totally unanticipated economic decline, in 1999 as well. Year-to-date revenue through May is 7.7% over budgeted trendline projections, which would produce a surplus of only $79,705 by year's end (May 31,1998 "Summary Financial Report"). This projection, however, fails to account for currently delayed projects, permit fee revenue for which is predicted by the increase in plan review fees already collected. Preliminary June permit valuation figures (200+ permits; $27,000,000+ valuation) force modification of earlier estimates to herald a much higher surplus by year's end, estimated at approximately $160,000 over budgeted projections, and continuing in 1999 (see attached Exhibit E). Additionally, Council may choose to adopt permit and plan review fee increases averaging 11% in concert with adoption of the new (1997) editions of the Uniform Building, Plumbing, and Mechanical Codes. These new code editions are in effect July 1, 1998 by state law; however, local ordinance adoption and a suggested fee resolution will be presented to council in July. If adopted, such revised fee schedules could be expected to further increase revenues by approximately $49,000 in 1998 (September through December) and by approximately $149,000 in 1999, assuming continuation of current trends. Collectively, the revenue increases projected above total $352,483 over budget for 1998. Assuming 1999 levels only meet those of 1998, more than adequate additional revenue will be available to fund this proposal and those included in the 1999 budget request. Conclusion/Recommendation: While a strong effort has been made to handle permit process and inspection workloads without adding staff for fiscal year 1998, the booming development and construction levels have exceeded expectations and made this goal unattainable. The boom has brought with it the means to more than pay for the additional resources needed to meet the workload. I am proposing Option #3: immediate authorization of one (1) additional permanent full- time combination building inspector position one(1) and one(1) additional permanent full-time Plans Examiner. These steps are the minimum needed to maintain service response levels until 1999 I need your concurrence and direction to proceed with the steps proposed. As time is somewhat of the essence, I would appreciate your decision as soon as conveniently possible. Please advise me if you need further information. 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':; .ate"+"` r ;.«".^�. r • g; �'T C r; � �: "; i Y r"'ai i f , F h O h y1 N N P P N O L a m m a O O O O O O n •• O N O O O O O O G ry O O O O �O O V N O N �(1 N P p p �.., •p •p 1I1 n h f N q f f N 1l1 N m � O N q ~ P f ••'» � n n n n N V n O O f f n n n p •! p _ _ n n N N ry V1 �O f p n V q O N O h ill m m T r q q P O O O h N O q O O O O O O O q O N f O O O N O N f p q q q •p q P •O 1f1 O O O O O O O O P m n . m N m q n m .• 1l1 1l1 N 1l1 •/ ^i N q � p N p n O h h Q O G O O m T N p 1� ^ f O < m m ✓� N N q p q q O Yl F i n n N �O P VI ry �G N O N N 1(1 p h m m O 1I1 1l1 I(� r, .+ .• ^ ^ m O � b N n N b ry m •O d p T P h h V) b n N b O O O •O b � ,(� � b P N fv c .r ^ � m Y1 m GI p p p N N J1 to O n r n ^ - i U ' C F N Z m 4 F fA L1 fil m 3Tj [+l fil fal C1 G1 41 N z N z z z m z z m Z Z Z Z Z Z Z Z Z 2 Z Z 2 2 2 •••• [il W W fu m 41 [il 41 41 V 41 m (il 41 u] G1 41 V V U V L V U U U U V C U U U V U V V U U U p o c z o 0 0 o m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 = x F y C w ._n„ N f i OF 4. flit U rn z >C ^ C f+1 cn .. U O [ail x k m C N C N ✓1 U 3 N !Zs] flJ U O N N O O O n C O ^ N n p N O ry O ^ c o 0 0 o c o o a o > o 0 o m n q a c o 0 o J o o n 41 m .a C � � q m m P O .. ^ .•• .Vr .n p �I1 q m m O 5 1f1 N N N t[1 N m N N N N N N -1 nl Y1 q r `- o C C N Ci m � � F ^] z o Z � O 4 � a X r p A � • N V , F a a F r C a r m z Z > V Exhibit D L � O BUILDING PERMITS 560.000 140.000 r 120.000 100.000 � . 80.000 60.000 ~ I 40.000 I I 20.000 p NOV DEC JAN FEB MAR ppq MAY JUN JUL AUG SEP OCT MONTHLY BUDGET VS PROJECTED 98 BUD-98 PROD JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 98 BUD $7.916 52.991 95,961 76.089 92.413 129.227 75.667 88.770 106.016 71.060 78.739 77,)SI 98 PROI 80-IM 70.406 136248 83.259 66.474 139,139 91.516 95201 114X 1 76357 84,918 83.761 N. 0,607) 17.415 40.297 7.171 (25.939) 9.912 5.949 6.931 9.195 5.493 C090 6.010 PCT N- .8.7% 32.9% 42.0% 9.4% -29.1% 7.7% 7.7% 7.7% 7.7% 7.1% 7.7% 7.7% BUILDING PERMITS J.20(X00p 1.000.000 8w.(XX 600.00) . ' • i I 400,000 200,p 0 NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT CUMULATIVE BUDGET VS PROJECTED `- - W BUD-28 PROJ JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Nov DEC 98 BUD 97.816 140.687 236.769 31'956 405.2.69 533.4% 609.163 697.533 A03.549 274.609 953.397 1A31.149 98 PRO) 90209 150.615 286.863 370.122 436595 574.734 656250 751.451 865.661 94_214 1,027.092 I.1 10.853 N- 17.6071 9.808 50.095 572A6 31326 41238 47.097 53,919 62.112 67.605 73,695 79,705 PCT N- .8.7% 7.0% 212% 18.3% 7.7% 7.7% 1.7% 7.7% 7.7% 7.7% 7.7% 7.7% Exhibit E-1 Gz05 is 6l16N8 DRAFT FOR DISCUSSION PURPOSES ONLY CITY OF KENT DEVELOPMENT SERVICES MONTHLY REPORT JUNE 1998 TOTAL PERMIT AVERAGE DAYS IN PROCESS APPLICATIONS APPLICANT CITY PROCESS CATEGORY PROCESSED DELAYS TIME NEW AND ADDITIONS 3 79 81 COMMERCIAL TENANT IMPROVEMENTS 20 18 34 DWELLINGS NEW AND ADDITIONS 29 23 25 APARTMENTS* NEW AND ADDITIONS 2 70 15 � UNSPECIFIED/OTHER 145 7 6 ALL APPLICATIONS COMPLETED 199 *10 UNIT TOWNHOMES MONTH-END INVENTORY STATUS ACTIVE 230 193 ON HOLD READY TO PICKUP 42 ACTIVITY SUMMARY JUNE 1`99'8 BUILDING NEW APPLICATIONS NUMBER OF PERMITS VALUATION OF INSPECTIONS RECEIVED ISSUED PERMITS ISSUED COMPLETED 297 212 $29,803,599 1558 YEAR TO DATE TOTALS THROUGH JUTE 1998 BUILDING NEW APPLICATIONS NUMBER OF PERMITS VALUATION OF INSPECTIONS RECEIVED ISSUED PERMITS ISSUED EXhrbgtF�_ETED 1,465 1,208 $87,521,108 9,991 ................ Kent City Council Meeting Date August 4 . 1998 Category Consent Calendar 1 . SUBJECT: 1997 EDITIONS OF UNIFORM CODES AND FEES - ORDINANCE AND RESOLUTION 2 . SUMMARY STATEMENT: As recommended by the Operations Committee, adoption of Ordinance No. adopting the 1997 editions of the Uniform Building, Mechanical , Plumbing, Housing, and Abatement of Dangerous Building Codes and adopting the most recent editions of the Washington Energy Code and Washington Ventilation and Indoor Air Quality Code and adoption of Resolution No. establishing fee schedules for the Uniform codes, as recommended by the Operations Committee . The ordinance also includes housekeeping provisions to correct inconsistencies in enforcement and appeals procedures . 3 . EXHIBITS: Ordinance, resolution, and memo from Building Official Bob Hutchinson 4 . RECOMMENDED BY: Staff and Operations Committee (Committee, Staff, Examiner, Commission, etc . ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ None SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3K ary of W�LSV Jim White, Mayor PLANNING DEPARTMENT DEVELOPMENT SERVICES DIVISION MEMORANDUM July 8, 1998 TO: JUDY WOODS, CHAIR, AND COUNCIL OPERATIONS COMMITTEE MEMBERS: SANDY AMODT AND TIM CLARK FROM: BOB HUTCHINSON, BUILDING OFFICIAL SUBJECT: ADOPTION OF 1997 EDITIONS OF UNIFORM BUILDING CODE; UNIFORM MECHANICAL CODE; UNIFORM PLUMBING CODE AND RELATED FEE SCHEDULES In accordance with state law (RCW 19.27; Title 51 WAC), Kent and other Washington cities and counties began enforcement of the 1997 editions of the Uniform Building Code, Uniform Mechanical Code, and the Uniform Plumbing Code (with statewide amendments, including updated editions of the Washington State Energy Code and the Washington State Ventilation and Indoor Air Quality Code) on July 1, 1998. The codes superseded the previous editions applicable to permit applications filed on or after July 1. The attached proposed ordinance is primarily a "housekeeping" measure to officially repeal the obsolete editions and adopt these new editions as part of the Kent City Code. Another portion of the proposed ordinance alters the appeal process by directing appeals to the Hearing Examiner rather than to a Board of Appeals. While this change is expected to have a very limited impact (no appeals have been filed in over 5 years), it will create procedural consistency with appeals regarding Fire and Zoning Codes. The new editions of the Uniform Building and Mechanical Codes contain updated schedules of fees for permits and plan review, recommended for adoption in the form of a proposed resolution. The schedules increase fees approximately 11%, which approximately equals the increase in the Consumer Price Index since fees were last increased in June, 1995. Adoption of these updated fee schedules is expected to increase revenues by approximately $49,000 during the remainder of 1998 and by approximately $149,000 in 1999. Staff recommendation is that the Operations Committee recommend approval of the proposed ordinance to adopt the 1997 editions of the Uniform Building Code, Uniform Mechanical Code and Uniform Plumbing Code; and recommend approval of the proposed resolution to adopt the fee schedules in these code editions. 2204th AVENUE SOETH / KENT.WASHINGTON 9807_-589�l TELEPHONE 125i1859-3300 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 14 of the Kent City Code by repealing Chapters 14.01 through 14.07 relating to various uniform building and state codes and enacting a new chapter, Chapter 14.01, adopting the 1997 editions of the Uniform Building Code,the Uniform Mechanical Code.the Uniform Plumbing Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings; and further adopting the most recent editions of the Washington State Energy Code, and the Washington State Ventilation and Indoor Air Quality Code; and further amending chapter 14.08 to define penalties relating to enforcement of building codes. WHEREAS, as set forth in Title 14 of the Kent City Code, the City adopted various Washington state and uniform building codes; and WHEREAS, the City Council desires to adopt the most recent editions of these codes and consolidate the same into one chapter; and WHEREAS, pursuant to RCW 19.27, the 1997 edition of the Uniform Building, the Uniform Mechanical, and the Uniform Plumbing Codes as adopted by the State applies to all cities, including the City of Kent, effective July 1, 1998, therefore, it is appropriate to amend the City Code to formerly adopt the same.NOW, THEREFORE, Building Codes �.. 1 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapters Repealed. Chapter 14.01 --Appeals Procedure, Chapter 14.02 -- Building Code, Chapter 14.03 -- Mechanical Code, Chapter 14.04 -- Plumbing Code, Chapter 14.05 --Housing Code, Chapter 14.06 -- Dangerous Buildings, and Chapter 14.07 - Energy and Air Quality Codes are hereby repealed in their entirety. SECTION 2. Chapter Adopted. There is hereby adopted a new chapter, Chapter 14.01, entitled`Building Codes" to read as follows: Chapter 14.01 Building Codes. See. 14.01.010. Building Codes -- Adopted. The following state and uniform codes,hereinafter collectively referred to as"building codes" as currently enacted, and as amended from time to time pursuant to the Washington Administrative Code, and as further amended in this chapter, are hereby adopted by reference as follows: A. The Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials as amended pursuant to Ch. 51-40 WAC. B. The Uniform Mechanical Code, 1997 Edition, published by the International Conference of Building Officials as amended pursuant to Ch. 51-42 WAC. C. The Plumbing Code, 1997 Edition, as amended pursuant to Ch. 51-46 WAC and The Uniform Plumbing Code Standards (Appendix I), 1997 Edition, as amended ICI' pursuant to Ch. 51-47 WAC published by the International Association of Plumbing and Mechanical Officials. D. The Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials. E. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials. F. The Washington State Energy Code as written by the Washington State Building Code Council pursuant to Ch. 5 1-11 WAC. Building Codes - 2 G. The Washington State Ventilation and Indoor Air Quality Code as written by the Washington State Building Code Council pursuant to Ch. 5 1-13 WAC. One (1) copy of each of these codes is on file with the City Building Official. Sec. 14.01.020. Amendments to Uniform Building Code. The following amendments to the Uniform Building Code adopted in section 14.01.010 are hereby adopted. A. Building code appendices adopted. Divisions I, II, and IV of Chapter 3, Chapter 15 and Chapter 33 of the Appendix of the Uniform Building Code, 1997 Edition (as adopted in section 14.01.010), are adopted, except that the Director of Public Works shall have the authority to enforce and interpret Chapter 33 of the Appendix of the Uniform Building Code, 1997 Edition, and accordingly, all references to the "building official" in Chapter 33 of the Appendix shall be substituted with the words, "Director of Public Works." B. Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this chapter, and none shall be implied. The location of lot lines and/or setback lines at a development and construction related thereto shall be the responsibility of the applicant/owner. Sec. 14.01.030. Amendments to Uniform Plumbing Code. The Uniform Plumbing Code adopted in Sec. 14.01.010 is hereby amended as follows: Section 102.3 of Chapter One "Administration" is hereby amended by amending subsection 102.3.2 in its entirety to read as follows: "Sec. 102.3.2 Penalties. Any person, firm, or corporation violating any provision of this code shall be punishable by a fine and/or imprisonment as set forth in chapter 14.08." Sec. 14.01.050. Amendments to Uniform Housing Code. The Uniform Housing Code adopted in Sec. 14.01.010 is hereby amended as follows: Section 202 of Chapter 2 and Chapters 11, 12, 13, 14, 15, and 16 are hereby repealed. _.. Building Codes 3 Sec. 14.01.060. Amendments to Uniform Code for the Abatement of Dangerous Buildings. The following amendments to the Uniform Code for the Abatement of Dangerous Buildings adopted in Sec. 14.01.010 are hereby adopted. A. Section 202 of this code is hereby amended to read as follows: "Sec.202. All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal." B. Section 205 of chapter 2 and chapters 4, 5, 6, 7, 8, and 9 of the Uniform Code for the Abatement of Dangerous Buildings 1991 edition are hereby repealed. C. Section 301 of this code is hereby amended to read as follows: "Sec. 301. For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the housing code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. "Webster's Third New International Dictionary of the English Language, Unabridged," copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Building code is the Uniform Building Code promulgated by the International Conference of Building Officials. as adopted by this jurisdiction. Dangerous building is any building or structure deemed to be dangerous under the provision of section 302 of this code. Endangered as used in section 302 means negatively affected, to any degree, by any and all conditions, actions or omissions which, singularly or together, reduce or are Building Codes 4 life or limb, health, property or safety of the public, including but not limited to, economy in the provision of public service, general welfare, economic viability, or security in the enjoyment of the community. Health officer as used in this code shall mean the building official or his or her designee. Housing code is the Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction." Sec. 14.01.070. Fees. The City Council shall, by resolution, establish the fees to be assessed for each of the codes adopted in Section 14.01.010. In the event any particular fee is not so established by council resolution,the City shall assess fees in accordance with the fee schedules set forth in said codes, if any, as currently established or hereinafter amended pursuant to the Washington Administrative Code. Sec. 14.01.080. Appeals. A. Appeals to the Hearing Examiner. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and to provide for reasonable application and interpretation of the provisions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Plumbing Code and the Uniform Housing Code, the City of Kent Hearing Examiner is hereby designated as the board of appeals created pursuant to Section 105 of the Uniform Building Code, Section 110 of the Uniform Mechanical Code. Section 102.4 of the Uniform Plumbing Code and Section 203 of the Uniform Housing Code adopted in Section 14.01.010 above. The City Hearing Examiner shall constitute the board of appeals for all matters concerning the application of the uniform codes cited in this section. The City Hearing Examiner, however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the City Hearing Examiner be empowered to waive requirements of these codes. B. Appeals to Superior Court. Appeals to the hearing examiner shall be made pursuant to Chapter 2.32 of the Kent City Code. The decision of the Hearing Building Codes 5 Examiner shall be final and conclusive unless within twenty-one (21) calendar days of the Hearing Examiner's decision, an appeal is filed with the Superior Court. SECTION 3. Chapter 14.08 of the Kent City Code entitled"Enforcement of Building Codes" is hereby amended by amending Section 14.08.240 to read as follows: Sec. 14.08.240. Violation; penalty. A. Civil. Any violation of any provision of a building code enforced under this chapter constitutes a civil violation under Kent City Code Chapter 1.04 for which a monetary penalty may be assessed and abatement may be required and/or otherwise enforced as provided therein. B. Criminal. In addition or as an alternative to any other penalty provided in this chapter or by law, any person viela4ag the "'evA a pfevi shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be -- ^^�punished by a fine of not more than one thousand($1,000.00) isdedollars or by imprisonment for a term of not more than ninety (90) days or by both such fine and imprisonment for: i. Violations of section 14.08 200 B.; 2. Violations of section 14.08.200 D. and E.,where the person has had a civil judgment under section 14.08.220 [subsection A. of this section] or any of its predecessors rendered against him during the last five (5) years; intentional, or bad faith or refusal to comply with the Any pattern of wilful, standards or requirements of the building codes; 4. Any other violation of the building codes for which corrective action is not possible. C. Each day that anyone shall continue to violate or fail to comply with any of the foregoing provisions shall be considered a separate offense. Building Codes 6 SECTION4. 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 5. Effective date. This Ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of , 1998. APPROVED: day of 11998. PUBLISHED: day of 11998. 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 7 Building Codes RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting a schedule of fees for permits under the Uniform Building Code, the Uniform Mechanical Code, the Uniform Plumbing Code and the Uniform Fire Code. WHEREAS, the City of Kent has previously adopted the 1991 edition of the Uniform Plumbing Code and the 1994 editions of the Uniform Building, Mechanical, and Fire Codes which allow the administrative authority in charge of enforcing the codes to approve and issue permits under the same; and WHEREAS, the City Council is, concurrently with this resolution, considering an ordinance to adopt the 1997 editions of the Uniform Building Code, Uniform Plumbing Code, and the Uniform Mechanical Code recently adopted by the State; and WHEREAS, the administrative authority is directed in the uniform codes (as adopted by their respective ordinances) to prepare a schedule of fees applicable to the various types of permits, in amounts commensurate with the cost of administration and inspection involved in the processing and issuance of the permits thereby granted; and WHEREAS, any such schedules adopted by the City Council by resolution shall govern the amount of the fees which shall be collected as a condition to processing and prior to issuance of any such permit; and WHEREAS, the 1997 editions of the Uniform Building Code, Uniform Plumbing Code, and the Uniform Mechanical Code contain fee tables incorporating fee 1 increases above fees currently listed in prior code editions and as adopted by the City of Kent by Resolution No. 1434; and WHEREAS, these fees have not increased since June of 1995 and it is appropriate to adjust the fees to the schedules proposed in the uniform codes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Fees established. The following schedules of fees shall govern the monetary charges for the processing and issuance of permits under the Uniform Building,Mechanical, Plumbing, and Fire Codes.: A. Building permit fees. Pursuant to Section 14.01.070 of the Kent City Code, Table 1- A of the 1997 edition of the Uniform Building Code establishing building permit fees (attached hereto as Exhibit A) is hereby adopted a the City of Kent's building permit fee schedule, with the following modification: 1. Basic plan review fees. The basic plan review fee, after and in addition to the payment of the initial plan review fee set forth in Section 1083 of the 1997 edition of the Uniform Building Code, shall be a fee of$50.00 for each permit issued upon a certified basic plan. Additional plan review fees shall also be assessed at an hourly rate as set forth in Table 1-A for additional plan review required for changes, additions. or revisions to plans. 2. Administration of basic plans. Basic plans shall be administered to as follows: a. `Basic plans" are defined as complete plans for an entire detached single family residential building, approved a such by the building official,which: (i) Are clearly marked as being approved and certified as basics by the building official; (ii) Bear the author's (including but not limited to architect, engineer, or others) acknowledgment and approval of the plans submitted for use in the construction of a number of buildings, without any limitation of quantity or location. If any portion is designed by a licensed architect or engineer, this acknowledgement shall bear the author's stamp and signature. (iii) Basic plan review fees shall apply only to detached single family residential buildings and shall apply only to the originating owner or applicant. (iv) Changes to basic plans which alter the exterior dimensions or structure of the building shall be treated as a new permit application. b. The process for administering basic plans shall be as follows: (i) Any person may apply for plan review and certification of a basic by filing with the building official a written request for such plan review and certification, along with two or more complete sets of plans and the normal plan review fee. (ii) Upon completion and approval of plan review, the applicant shall provide reproducible copies of complete approved plans to the building official. C. The City building official is authorized and empowered to interpret and determine the applicability and administration of the provisions of this resolution. B. Mechanical permit and plan review fees. Pursuant to Section 14.01.070 of the Kent City Code, Table 1-A of the 1997 edition of the Uniform Mechanical Code establishing mechanical permit fees (attached hereto as Exhibit B) is hereby adopted as the City of Kent's mechanical permit fee schedule. C. Plumbing permit fees. Pursuant to Section 14.01.070 of the Kent City Code, Table 101 of the 1997 edition of the Uniform Plumbing Code establishing plumbing permit fees (attached hereto as Exhibit C) is hereby adopted as the City of Kent's plumbing permit fee schedule. D. Fire permit fees. Pursuant to Section 13.02.020 of the Kent City Code, fire permits or certificates issued under the Uniform Fire Code shall be $42.00 per year. �, 3 Whenever more than one permit or certificate is required for the same location, such permits or certificates may be consolidated into a single permit or certificate. SECTION 2. Repealed. Resolution No. 1434 is hereby repealed in its entirety on the effective date of this resolution. SECTION 3. Effective date. The effective date of this resolution shall be the effective date of the ordinance considered concurrently with this resolution adopting the 1997 Edition of the Uniform Building,Mechanical,Plumbing, and Housing Codes. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 1998. CONCURRED in by the Mayor of the City of Kent this day of 11998. JIM WHITE,MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 4 I, BRENDA JACOBER, City Clerk of the City of Kent, Washington, certify r that the attached copy of Resolution No. is a true and correct copy of the original resolution adopted on the day of 1998, as that resolution appears on the Minute Book of the City. DATED this day of 1998. BRENDA JACOBER, CITY CLERK P U.AW\RESOLUTIkodUa.m doc 5 TABLE 1-A—BUILDING PERMIT FEES TOTAL VALUATION FEE 51.01)to Sit)()Oil S23.50 c 5(II.011 it,S_.I X II (itI .S_,'itI mr the first S5i)1f0O plus S O1 no each additional SIoil.00.or traction thereof.to and mdudmc ZOOO.00 S_.001.00 to S25.000.00 S60'S for the first S=.01 O00 plus S I ;Oil for each additional S 1 moo.00.or Irtction thereof.to and ntctndm_S_5.000.0U 5=.00i.00 to 5S0.00U.00 S391.75 for the first S':.000.00 piu.,S10.10 for each additional S1.000.00.or traction mereof. I w and including SSU.0IK1.1[10 M.001.00 to SIOU.000.00 ' 5643.75 for the first S50.(MK).OU plus SZ.00 for cacti additional S1A1K1.00.or traction thereat. to and including S1 W.1MMI.(KI S1OO.UUI.W to S50K6000.00 S993.75 for the first SIMMUI.IM)plus S5.60 for each additional S11MIU.O0.or fraction thereof. to and including$500.000.00 S500.001.00 to$1.000.000.00 S3 233.75 for the first S500.00U.00 plus S4.75 for each additional S1.000.00.or fraction thereof.to and including S1.000.000.00 S1.000.001.IKI and up S5.608.75 for the first S1.OW.000A0 plus S3.65 for each additional S1.000.00.or fraction I thereof Other Inspections and Fees: 1. Inspections outside of normal business hours .................................. ...... ............................ S47.00 per hour] (minimum charge—two hours) 7,00 per hourl 2. Reinspection fees assessed under provisions of Section 305.5 ............................ .............................. t 3. Inspections for which no fee is specifically indicated .... ............................ .............................. S47.W per hour (minimum charge—one-half hour) 1 4. Additional plan review required by changes.additions or revisions to plans ............................................... S47.W per hour (minimum charge—one-half hour) 5. For use of outside consultants for plan checking and inspections.or both ............... ..................................... Actual costs- ]Or the total hourly cost to the jurisdiction.whichever is the greatest.This cost shall include supervision.overhead.equipment.hourly wages and fnnge benefits of the emplovees involved. -Actual costs include administrative and overhead costs. Exhibit A JNIFORM MECHANIC.;. 3:=1-A TABLE 1-A-MECHANICAL PERMIT FEES Permit Issuance and Heaters S?3.50 1. For the issuance of each mechanical permit............. ........ . .. ' For issuing each supplemental permit for which the original permit has not expired.been canceled or finaled............. . . .•. .• . 7.:5 Unit Fee Schedule (Note:The following do not include permit-issuing fee.) 1. Fur si For the installation or relocation of each forced-air or gravity-type furnace or burner,including ducts and vents attached to such appliance. 14.80 up to and including 100.000 Btuih('_9.3 kW) ................ .•. . . . .... . .. For the installation or relocation of each forced-air or gravity-type furnace or burner.including ducts and vents a[taehed to such appliaoee 18.20 over 100.000 Bluth(29.3 kW) ......... ....................................... ........... For the installation or relocation of each floor furnace.including vent ............................................................... 14.80 For the installation or relocation of each suspended heater,recessed wall heater or floor-mounted unit heater ...................... 14.80 2. Appliance Vents For the installation.relocation or replacement of each appliance vent installed and not included in an appliance permit ..... 3. Repairs or Additions -\ absorption unit,or each heating,cooling. For the repair of.alteration of,or addition to each heating appliance,refrigeration unit.cooling unit 13.70 absorption or evaporative cooling system.including installation of controls regulated by the Mechanical Code ... ..........._......... 4. Boilers.Compressors and Absorption Systems For the installation or relocation of cacti boiler or compressor to and including 3 horsepower(10.6 kW),or each absorption system to l4 70 and including 100.JW Btwh(29.3 kW)..... . .. . .... ..._ ........ ... ..... .. .. .... ._.............. ............. ...... . .. .. For the installation or relocation of each boiler or compressor over three horsepower(10.b kW)to and including 15 horsepower 153.'kW). or each absorption system raver Il)Q.001)Btwh I_9.3 kW)to and inciuding 5W.00)Btwh(146.(1 kW) .............._. . . ... ....... For the installation or relocation of each holier or compressor over 15 horsepower(5'_.7 kW)to and including 30 horsepower(105.=kWl. 3- ` or each absorption system over 401I.Wo Bturh(14n.o kW)10 anu including I.Lmo.tw Btw ......... ........... h(293.1 kW) - '-- ...... For the installation or relocation or each hoiler or compressor over 30 horsepower 1I115.5 kW)to and including 50 horsepower(l76 kW or each absorption system over 1.000.000 Btwh 1-'93.1 kW)to and includinn 1.750.0(H)Blwh(5119 kW) . For the installation or relocation of each boiler or compressor over 50 horsepower(176 kW),or each absorption system over Q,65 1.7500H)BtWh(512`I kW) ...... . ... ......... .. ... ......._........... . ... 5. Air Handlers For each air-handling unit to and including 10.000 cubic feet per minute(cfm)(4719 Ls).including ducts attached thereto 10.63 Note:This fee does not apply to an air-handling unit which is a portion of a factory-assembled appliance,cooling unit,evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code. 18.10 For each air-handling unit over 10.1 cfm(4719 Ls) .............. .............. .. . ............................................ H)0 b. Evaporative Coolers For each evaporative cooler other than portable type ..... ........ . .... . ... ............ ... ..................... ..._... I0.65 ..... ... . 7. Ventilation and Exhaust For each ventilation fan connected to a single duct ... . .... . ......'...'.''.''��'''.'.' '' 65 For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit I0.h5 For the installation of each hood which is served by mechanical exhaust.including the ducts for _ suchhood . ............... .. ..... .... ............. .................... . .. . . ................ . . ..... ......... .........._. 10.b� x. Incinerators For the installation or relocation of each domestic-type incinerator ................... ... .......................................... 14.50 For the installation or relocation of each commercial or industrial-type incinerator ... .. . ..... 14.50 . . . . ............ ......... .............. ). Miscellaneous For each appiiac,e or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories,or for which 10.65 no other fee is listed in the table........ ....... .. ....... ..I ... ........ .. ... .. ..... ......I ....... ................... Other Inspections and Fees: 1. Inspections outside of normal business hours,per hour(minimum charge-+wo hours) ...................... ......... ..... ...... S49.50' '_. Reinspection fees assessed under provisions of Section 116.6.per inspection ........................ S49.50' 3. Inspections for which no fee is specifically indicated,per hour I minimum charge-one-half hour) ................. .•• •. . .. 549.50' 4. Additional plan review required by changes.additions or revisions to plans or to plans for which an initial review has been completed �ZJ (minimum charge-one-half hour) ............................ 549.50' 'Or the total hourly cost to the jurisdiction.whichever is the greatest.This cost shall include supervision,overhead,equipment• hourly wages and fringe benefits of the employees involved. Exhibit B 6 UNIFORM PLUMBING CCC- Table 1-1 TABLE 1-1 Plumbing Permit Fees Permit Issuance 1. For issuing each permit............................................................................. 2. For issuing each supplemental permit...............................................................................................$10.00 Unit Fee Schedule(in addition to items 1 and 2 above) 1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, $7 00 drainage piping and backflow protection therefor) .......................................................... 2. For each building sewer and each trailer park sewer........................................................................$15.00 3. Rainwater systems—per drain (inside building)............................................................... ..................$7.00 4. For each`cesspool (where permitted)................................................................................................S25.00 S. For each private sewage disposal system ..................................................................................•••••.$40.00 00 6. For each water heater and/or vent...................................................................................................... For each gas-piping system of one to five outlets...............................................................................S5.00 7. 8. For each additional gas piping system outlet, per outlet.................................. ..................................$1.00 9. For each industrial waste pretreatment interceptor including its trap and vent. S7 00 except kitchen-type grease interceptors functioning as fixture traps................ 10. For each installation, alteration or repair of water piping and/or water treating equipment, each.......S7.00 11. For each repair or alteration of drainage or vent piping, each fixture...................... . ... . ...................S7.00 12. For each lawn sprinkler system on any one meter including backflow protection devices therefor....S7.00 13. For atmospheric-type vacuum breakers not included in item 12: $5.00 1 to 5....................................................................................................................................I........51.00 over5, each........................................................................................................... 14. For each backflow protective device other than atmospheric type vacuum breakers: 2 inch (51 mm) diameter and smaller ..........................................................................................$7.00 over 2 inch (51 mm) diameter........................... ...................._..........$15.00 15. For each graywater system...............................................................................................................$40.00 16. For initial installation and testing for a reclaimed water system ........................................................S30.00' 17. For each annual cross-connection testing of a reclaimed water system (excluding initial test) ........$30.00' 18. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas.............S50.00 19. For each additional medical gas inlet(s)/outlet(s).............................................................................. $5.00 Other Inspections and Fees 1. Inspections outside of normal business hours ..................................................................................$30.00' 2. Reinspection fee........................................................................................................................... ....$30.00 3. Inspections for which no fee is specifically indicated ........................................................................$30.00' 4. Additional plan review required by changes, additions or $30.00' revisions to approved plans (minimum charge—one-half hour) ....................................................... 'Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved. s Exhibit C ..............�. Kent City Council Meeting Date August 4 . 1998 Category consent Calendar 1 . SUBJECT: 1998 BUDGET ADJUSTMENT - ORDINANCE 2 . Sub RY STATEMENT: As recommended by the Operations Committee at their July 21, 1998 meeting, approval of the gross budget adjustment Ordinance No. totaling $35, 703 , 185 for budget adjustments made from January 1 through June 30, 1998 . This ordinance is primarily a housekeeping adjustment, con- solidating individual budget items into one adjusting ordinance . 3 . EXHIBITS: Memo from Finance Director Miller and ordinance 4 . RECOMMENDED BY:-QpPrat; ons Committee (3-0) (Committee, Staff , Examiner, Commission, etc . ) 5 . rNBUDGETED FISCAL/PERSONNEL IMPACT' NO YES X 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL IL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3L Date: July 15, 1998 To: Operations Committee From: Mayene Miller, Finance Division Director �4J� Subject: Budget Adjustment Ordinance for Adjustments through June 30, 1998 Authorization is requested to approve the gross budget adjustment ordinance totaling $35,703,185 for budget adjustments made through June 30, 1998. This ordinance is primarily a housekeeping adjustment, consolidating individual budget items into one adjusting ordinance. Please note that$35,697,185 has been previously approved by Council. Of this amount, $6,105,331 was approved in prior years or other funds and primarily establishes carryover budgets for various capital projects and equipment. The remaining $29,591,854 was approved by Council this year and is essentially for capital projects and to budget the operating effects of the 1998 —2000 Technology Plan. The balance of$6,000 has not been previously approved by Council,but needs to be approved to be in compliance with the State auditor's requirements. This amount is to correct the 1997 budget for Fire Breathing Apparatus Cylinders. The attached summary shows the carryover budgets by fund,the 1998 budget adopted by ordinance #3384, the adjustments being requested and the total operating and capital budgets. The following pages show a detailed listing of these adjustments by fund, including council authorization dates for the amounts previously approved. Council Action: Approve the budget adjustment ordinance for adjustments made from January 1, 1998 through June 30, 1998 totaling $35,703,185. ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending the 1998 Budget for adjustments made through June 30, 1998. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. The 1998 City budget is hereby amended to include budget fund adjustments as follows: FUND BUDGET General Fund 251,429 Capital Improvements 465,400 Criminal Justice 34,701 Environmental 182,414 Other Operating Projects 60,000 Street Capital Project 28,698,910 Park Capital Project 711,058 Other Capital Project (5,999) Water 846,453 Sewerage 3,661,733 Golf Complex 51 Equipment Rental 73,280 Central Services 192,000 Fire Equipment Fund 20,000 Facilities Fund 511,755 Total Gross Budget S 35,703,185 1 1998 Budget Less: Internal Service Funds (161,040) Other Transfers (637,798) Internal Transfers (352,323) $(1,1519161) TOTAL BUDGET $ 34452,024 SECTION?. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3 Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 1998 Budget PASSED: day of 1998. APPROVED: day of 1998. 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:%AWt0RD1JANCtbudyt 99.ard.dx 3 1998 Budget City of Kent Budget Adjustment Ordinance Adjustments through June 30, 1998 Additional Appropriations Carryover Ordinance Ad]ustment Total Fund Budget #3384 Ordinance Budget 001 General Fund 50,765,191 251,429 51,016,620 110 Street Fund 4,974,947 4,974,947 140 Youth/Teen Programs 751,000 751,000 150 Capital improvement 5,509,938 465,400 5,975,338 160 Criminal Justice 1,928,506 2,256,200 34,701 4,219,407 170 Environmental Mitigation 11,600 454,929 182,414 648,943 180 Housing&Community Development 762,096 523,966 1,286,061 190 Other Operating Projects 1,715,265 219,555 60,000 1, , 0 99482 211 Voted Debt Service 1,834,090 212 Counciimanic Debt Service 2,679,389 2,679,389 250 Special Assessment 2,363,188 2,363,188 310 Street Capital Projects 40,457,689 3,678,609 28,698,910 72,835,208 320 Parks Capital Projects 13,973,334 2,268,062 711,068 16,952,454 330 Other Capital Projects 1,512,213 343,000 (5,999) 1,849,214 410 Water 15,343,839 12,867,912 846,453 29,048,204 440 Sewerage 21,776,965 23,869,329 3,661,733 49,308,027 480 Goff Complex 253,000 3,737,063 51 3,990,114 510 Equipment Rental 142,000 2,314,874 73,280 2,530,154 520 Central Services 1,492,000 4,646,086 192,000 6,330,086 530 Fire Equipment Fund 66,853 20,000 86,853 540 Facilities Fund 629,840 5,706,061 511,755 6,847,656 560 Insurance 5,972,939 5,972,939 620 Firemen's Relief&Pension 209,330 209,330 680 Economic Development 10,433 10,433 Total Gross Budget 99,998,346 138,012,944 35,703,185 273,714,475 Less: Internal Service Funds 14,215,734 161,040 14,376,774 Other Transfers 241,234 12,686,969 637,798 13,566,001 Internal Transfers 9,067,401 10,218,872 352,323 19,638,596 Total Net Budget 90,689,711 100,891,369 34,552,024 226,133,104 8E 98ADJORMAS 7/15/98 City of Kent,Washington 1998 Combined Operating Statement Budget Adjustments thru June 30, 1998 Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance 47,559,258 50,765,191 (3,205,933) 8,237,608 5,031,675 General Fund (44,800) Approved by Council-Prior Year/Other Fund 14,661 90,961 (86,892) (186,892) Approved by Council-Current Year 4,076 190,968 (1 ) 300.362 300,362 1/1198 Fund Balance Adjustment 8,537,970 5,100.345 47,578,995 51,016,620 (3,437,825) Special Revenue Funds 1,911,378 1,474,699 Street 4,638,268 4,974,947 (436.679) ,911,378 ,474,699 1/1/98 Fund Balance Adjustment 4,538,268 4,974,947 (436,679) 1,072,818 636,137 Youth/Teen Programs 496,849 751,000 (254,151) 384,947 130,796 225,689 225.689 1/1/98 Fund Balance Adjustment 751,000 (25d,151) 610,636 356,485 496.849 Capital Improvement 5,322,080 5,509,938 (187,858) 1,722,957 1,535,099 (462,400) Approved by Council-Current Year 463,000 (4(3,000) Budget Correction 3.000 (3,t)DO) (3,119 213.119 213,119 111/98 Fund Balance Adjustment 5,322,080 5,975.338 (653,258) 1,936,076 1,282 818 Criminal Justice 2.073,815 2,254.200 (180,3W 623,217 34ZB32 Approved by Council-Current Year 34,701 34,701 (90,000) 90,000 90,000 Budget Correction 198,839 198,639 2,108,51 1/1/98 Fund Balance Adjustment 2,198,901 (90,385) 72-2 632,471 6 Environmental Mitigation 366,134 454,929 (88,795) 217,503 128,708 Approved by Council-Prior Year/Other Fund 18,320 18,320 Approved by Council-Current Year 164.094 164,094 (84.271) (64.271) 111/98 Fund Balance Adjustment 548,548 637,343 (88,795) 153,232 64.437 Community Block Grant 523,966 523,966 Other Operating Projects 219,555 219,555 Approved by Council-Current Year 60.000 60,000 2.858 2.858 279.555 1/1/98 Fund Balance Adjustment 279,555 2,858 2,858 Debt Service Funds 55,462 55,462 Voted 1,834,090 1,634,090 5 5.609 .609 111198 Fund Balance Adjustment 81,071 61,071 1,834,090 1'834,090 Coundimanic 2,679,389 2.679.389 225 225 111198 Fund Balance Adjustment 225 225 2,679,389 2,679,389 2,302,225 2,333.188 (30,963) 1,366,092 1,335,129 Special Assessment 398,061 398,061 111198 Fund Balance Adjustment 1,764,153 1,733,190 2,302,225 2.333,188 (30,963) BE 96AOJOR01-lds 7/1698 City of Kent,Washington 1998 Combined Operating Statement Budget Adjustments thru June 30, 1998 Inc(Dec) Beginning Ending In Fund Fund Fund Revenues Expenditures Balance Balance Balance Capital Projects Funds Street Projects 3,678,609 3,678,609 (73,100) Approved by Council-Prior Year/Other Fund 779,591 852.691 (73,100) Approved by Council-Current Year 27,846,219 27,846,219 98,232 98,232 1/1/98 Fund Balance Adjustment 98,232 25,132 32.304,419 32,377,519 (73,100) Parks Projects 2,303,139 2.288,062 35.077 46,882 (81,959 Approved by Council-Prior Year/Other Fund 13.642 (13,642) 13642) Approved by Council-Current Year 428,493 435,093 (6,600) (6,600) 150,687 150,687 1/1/98 Fund Balance Adjustment 197,569 212,404 2,731.632 2,716,797 14,It35 Other Projects 343,000 343'000 2.999 Approved by Council-Prior Year!Other Fund (6,000) (8,999) 2.999 Budget Corredion 3,000 3,000 (2.999) (2.999) 1/1/98 Fund Balance Adjustment 340,000 337.001 2,999 (2,999) Enterprise Funds 4357,735 2,574,971 , Water 7.226,310 9,009,074 (1,782,764) 836,519) Approved by Council-Prior Year/Other Fund 839,934 (8(9,934) Approved by Council-Current Year 9,934 (9,934) 8,459 1/1198 Fund Balance Adjustment 1,046,194 4166,977 7,226,310 9,855,527 (2 628,217) 8,046,194 3,416,977 Sewerage 18,898,958 19,401,942 (502,984) 2,911,228 3' 2 44 38 Approved by Council-Prior Year/Other Fund 12,005 3,650,747 (3,6 ,742) ( , 18,742) 42) Approved by Council-Current Year 10,986 (10,986) 5,794,892 5,794,692 1/1198 Fund Balance Adjustment 18,910,963 23,063,675 (4,152,712) 8,705,920 4,553,208 Golf Complex 3,196,300 3,134,850 61,450 4,085 65,535) Approved by Council-Current Year 51 (51) (547,623) (547,623) 1/1198 Fund Balance Adjustment 3,196,300 3, 334,901 61,399 (543,5W (482,139) Internal Service Funds Equipment Rental 2,770.380 2.314,874 4 , 6 2.498.876 2, 54.382(80266) Approved by Council-Prior Year/Other Fund (15,661) 64,605 (8080,26266) (8,675) Approved by Council-Current Year 8,675 (8,675) 67,345 67,345 111/98 Fund Balance Adjustment 2,754,719 2,388,154 366,565 2,566,221 2 932,786 Central Services 4,474,681 4,466,086 8,595 141,954 150.549 Approved by Council-Current Year 192,000 192,000 1/1198 Fund Balance Adjustment (86,870) 670) 4,666,681 41658,086 8,595 55,084 63,679 8 66,853 384,495 544.284 928,779 Fire Equipment 451,34 (20,000) Approved by Council-Current Year 20,000 (20,000) 79.194 79,194 1/1/98 Fund Balance Adjustment 451,348 86,853 364,495 623,478 987,973 BE 98AOJOROtib 7/1e/9a City of Kent, Washington 1998 Combined Operating Statement Budget Adjustments thru June 30, 1998 Inc(Dec) Beginning Ending Revenues In Fund Fund Fund Expenditures Balance Balance Balance Facilities 4,621,712 4,617,627 4,085 121893 APProved by Council-Prior Year/Other Fund 25,000 428,335 117,808 403,335 APP►oved by Council-Current Year 83,420 ( ( • 35) 1/1/98 Fund Balance Ad)ustment 83,420 4,730,132 5,129,382 208,306 208.306 ( 999.250) 226,114 (73,136) Insurance 939972,1/1/98 Fund Balance Adjustment 5,740,796 5, (232,143) 4,240,474 4,008,331 5,740,796 5,972,939 (622,516) (622.516) (232143) 3,617,958 3,385,815 Trust and Agency Funds Firemen's Pension 189,310 1/1/98 Fund Balance Adjustment 209.330 (20,020) 2,400,980 2,380,960 189,310 748.350 748,350 209,330 (20,020) 3,149,330 3,129,310 Economic DevelopnfaM 1/1/98 Fund Balance Adjustment 13935 10,433 3,502 17,786 21,288 13.935 2,681 2.681 10,433 3,502 20,467 23,969 Beginning Grose Budget 121,824.107 127,794,072 Approved by Council-Prior Year/Other Fund (6,087,405) 31,701,256 (5,087,40 Approved by Council-Current Year 813.006 9,518,541 (5(705.538) (5,087,438) Budget Correction 28,813,000 29,5 4,000 (787.000) (705 538) 1/1/98 Fund Balance Adjustment 3'� (64.0001 87,000 87,000 8,020,667 8,020,667 New Gross Budget 151,469,026 163,144,934 (1/,675,908) 39,721,923 28,046,015 Less: Internal Service Funds 14,376,774 14,376,774 Other Transfers 13,324,767 13,324,767 Total Budget 123,767,485 135,443.393 (11,675,908) 39,721,923 28,046,015 PE sawaortol. s mesa City of Kent General Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No.3384 50,766,191 Budget Adjustment Expenditures Previously Approved in Prior Year or Other Funds 1997 Carryover Budget- Printing Parks Facility/Trail Guides 1997 16,000 1997 Carryover Budget-Police uniforms,furniture, equipment 1997 23,800 1997 Carryover Budget-Engr Computer Upgrade-design section 1997 5,000 Correction - Police Vehicle Equipment (1) 15,661 Previously Approved with Council Date FEMA Reimbursement-96/97 winter storms 10/1/96 4,076 Transfer Out-Domestic Violence 1219/97 3,470 City Council Secretary position 3/17/98 34,938 Technology Plan-Cost Allocations 4/21/98 124,556 Transfer Out-COPS Universal Grant 5/19198 23,928 Total Budget Adjustment Expenditures 251,429 Total Expenditures 51,016,620 Sources of Funding Budget Ordinance No.3384 47,559,258 Beginning Fund Balance 8,237,608 Ending Fund Balance (5,031,675) 50,765,191 Budget Adjustment Sources FEMA Disaster Revenue 4,076 Transfer in -CIP Fund 15,661 Ending Working Capital 231,692 Total Budget Adjustment Sources 251,429 Total Sources of Funding 51.016.620 (1) Move budget for police vehicle items to General Fund Police budget. Initially approved in the 1998 Fleet Services budget as part of the vehicle purchase. BE MADJORDt.As 7/16/98 City of Kent Capital Improvement Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No.3384 5,509,938 Budget Adjustment Expenditures Previously Approved with Council Date 000 Transfer Out-City Wide Space Study 313198 (3,790 Transfer Out-City Greenhouse 3/3/98 (0,000) Transfer Out-Playground Safety 3/3/98 (13,790) Transfer Out-Kentridge Park(Greenview Park) /21/98 37,800 Transfer Out-Technology Plan 4121/98 50,000 Transfer Out- Performing Arts Center 511 /98 94,600 Transfer Out- Russell Road Ballfield Drainage 5//2/98 225,000 Transfer Out-Senior Center Roofing 6/2/98 25,000 Not Previously Approved for the Budget Amount Transfer Out-Breathing Apparatus Cylinders (1) 3,000 Total Budget Adjustment Expenditures 465,400 Total Expenditures 5.975.338� Sources of Funding Budget Ordinance No. 3384 5,322,080 Beginning Fund Balance 1,722,957 Ending Fund Balance (1,535,099) 5,509,938 Budget Adjustment Sources Ending Working Capital 466,400 Total Budget Adjustment Sources 465,400 Total Sources of Funding 5'e� 75.338 (1) Correct 1997 budget to reflect amount listed on capital outlay form. BE 98ADJORDIAs 7/1M8 City of Kent Criminal Justice Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 2,254,200 Carryover Budget 1,928,506 Internal Transfers 2.000 4,184,706 Budget Adjustment Expenditures Previously Approved with Council Date Domestic Violence Program 1219/97 34,701 Not Previously Approved for the Budget Amount AFFIS-Auto Fingerprinting (1) (90,000) Internal Transfer Out-Confidential Fund (1) 90,000 Total Budget Adjustment Expenditures 34,701 Total Expenditures 4,219.407 Sources of Funding Budget Ordinance No. 3384 2,073,815 Carryover Budget 1,928,506 Internal Transfers 2,000 Beginning Fund Balance 523,217 Ending Fund Balance (342,832) 4,184,706 Budget Adjustment Sources Local Law Enforcement Block Grant 31,231 COPS Universal Grant (23,928) Ending Working Capital (90,000) Transfer In -General Fund 27,398 Internal Transfer In-AFFIS 90,000 Total Budget Adjustment Sources 34,701 Total Sources of Funding 4.2 19,407 (1) Return funds set aside for the AFFIS Auto Fingerprinting project to Police Confidential Fund. This project is no longer needed. BE 98ADJORDlAs 7/15/98 City of Kent Environmental Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No.3384 454,929 Carryover Budget 11,600 466,529 Budget Adjustment Expenditures Previously Approved in Prior Year or Other Funds 1997 Carryover Budget- Recycling Events 1997 18,320 Previously Approved with Council Date 305 Waste Reduction/Recycling Programs 2117198 37,553 Special Recycling Events 3117/98 19,287 Hazardous Waste/Recycling Events 3/17/98 23,949 Waste Reduction/ Recycling Programs supplemental funds 5/19/98 23,949 Total Budget Adjustment Expenditures 182,414 Total Expenditures 648.943 Sources of Funding Budget Ordinance No. 3384 366,134 Carryover Budget 11,600 Beginning Fund Balance 217,503 Ending Fund Balance (128,708) 466,529 Budget Adjustment Sources Department of Ecology Grant 117,071 King County Grants 65,343 Total Budget Adjustment Sources 182,414 Total Sources of Funding 648'943 BE 98ADJORDt.xls 7/15/98 City of Kent Other Operating Projects Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 219,555 Carryover Budget 1,715,265 1,934,820 Budget Adjustment Expenditures Previously Approved with Council Date Performing Arts Center 4/21/98 50,000 Downtown Strategic Action Plan 5/19/98 10,000 Total Budget Adjustment Expenditures 60,000 99 Total Expenditures 4.820� Sources of Funding Budget Ordinance No.3384 219,555 Carryover Budget 1,715,26 0 Beginning Fund Balance 0 1,934,820 Budget Adjustment Sources Transfer In -CIP Fund 50,000 Washington State DCTED Grant 10,000 Total Budget Adjustment Sources 60,000 Total Sources of Funding 1' 99e2� BE MADJORD1xls 711SMS City of Kent Street Capital Projects Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 3,678,609 Carryover Budget 40,457,689 44,136,298 Budget Adjustment Expenditures Previously Approved in Prior Year or Other Funds 1997 Carryover Budget-Asphalt Overlays 1997 124,413 1997 Carryover Budget-Sidewalks 1997 8,215 SEPA Mitigation-272nd Corridor ORD#2494 244,975 SEPA Mitigation-224th -228th Corridor ORD#2494 42,437 SEPA Mitigation-Highway 99 HOV Lanes ORD#2494 355,683 SEPA Mitigation -Sidewalks ORD#2494 60,692 SEPA Mitigation- Pedestrian Walkways ORD#2494 16,276 Previously Approved with Council Date 272nd Corridor 4/21/98 4,696,498 Washington Ave HOV Lanes 4/21/98 276,000 196th Street Corridor-mid leg 6/2198 16,827,377 196th Street Corridor-west leg 612/98, 6/16/98 6,046,344 Total Budget Adjustment Expenditures 28,698,910 Total Expenditures 72.836.208 Sources of Funding Budget Ordinance No. 3384 3,678,609 Carryover Budget 40,457,689 44,136,298 Budget Adjustment Sources SEPA Contributions 720,063 TIB Grants 4,972,498 King County Grant 1,899,028 Local Improvement District#340 21,034,221 Ending Working Capital 73,100 Total Budget Adjustment Sources 28,698,910 Total Sources of Funding 72.835.208�® BE 9BADJORD1.)ds 711&S8 City of Kent Parks Capital Projects Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 2,268,062 Carryover Budget 13,973,334 16,241,396 Budget Adjustment Expenditures Previously Approved in Prior Year or Other Funds 1997 2,043 1997 Carryover Budget-Yangzhou Park 1997 10,770 1997 Carryover Budget-Annexation Start Up Equipment 1997 829 1997 Carryover Budget-Fencing Previously Approved with Council Date 217/98 1,102 Kent Memorial Tot Lot Renovation 2/17/98 35,940 East Hill Park Expansion 2117/98 51,851 Lake Fenwick Trail 313198 (773) Fencing City Greenhouse 313/98 (0,000) Playground Safety 3/3/98 (44,563 Kentridge Park(Greenview Park) /21/98 46,600 -' Lions Skate Park 5/1 /98 9,600 Russell Road Balifield Drainage 5/19/98 309,600 Internal Transfers Internal Transfer Out-Bereiter House Renovation 5/7/96 39,010 Internal Transfer Out- East Hill Park Expansion 2/17/98 35,940 Internal Transfer Out-Kentridge Park(Green4iew) 3/3/98 30,773 Intemal Transfer Out-Lions Skate Park 4121/98 6,600 Internal Transfer Out- East Hill Park Expansion (1) 116,431 Internal Transfer Out-Neely/Soames Home Renovations (1) 33,569 Total Budget Adjustment Expenditures 711,058 Total Expenditures 1— .454- Sources of Funding Budget Ordinance No. 3384 13 303,139 Carryover Budget 46,882 Beginning Fund Balance (81,959) Ending Fund Balance 16,241,396 Budget Adjustment Sources Contributions - Lions Club 1,102 Fee in Lieu of Assessment 65,940 KC Open Space Bonds- Interest 51,851 Transfer In -General Fund 15,000 BE 98ADJOnD1.xls 7/15/98 City of Kent Parks Capital Projects Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding 294,600 Transfer In-CIP Fund 20,242 Ending Working Capital Internal Transfers 65,940 Internal Transfer In - Parks/Open Space-East Hill 773 Internal Transfer In- Fencing 6,600 Internal Transfer In-Youth/Teen Tax Capital 39,010 Internal Transfer In- Parks Land Acquisition 150,000 Internal Transfer In-Grant Matching Total Budget Adjustment Sources 711,058 Total Sources of Funding 164 (1) Transfer grant matching funds to projects as approved in the 1998-2003 Capital Facilities Plan. BE 98ADJORDi.xis 711SM8 City of Kent Other Capital Projects Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 343,000 1,512,213 Carryover Budget 1,855,213 Budget Adjustment Expenditures Previously Approved in Prior Year or Other Funds 1997 (2,999) 1997 Carryover Budget-Breathing Apparatus Cylinders ORD#2494 19,000 SEPA Mitigation -Advance Construction Clearing (1) (25,000) Miscellaneous Unallocated Projects Not Previously Approved for the Budget Amount (2) 3,000 Breathing Apparatus Cylinders Total Budget Adjustment Expenditures (5,999) 1.849.214 Total Expenditures Sources of Funding No. 3384 343,000 Budget Ordinance 1,512,213 Carryover Budget 1,855,213 Budget Adjustment Sources 19,000 SEPA Contributions (2-2,000) Transfer In -CIP Fund (2,999) Ending Working Capital (5,999) Total Budget Adjustment Sources 1.849,214 Total Sources of Funding (1) Move previously approved project budget to Facilities project. (2) Correct 1997 budget to reflect amount listed on capital outlay form. BE 9BADJORD1.)ds 7l15/98 City of Kent Water Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 9,009,074 Carryover Budget 15,343,839 Internal Transfers 3,848,838 28,201,751 Budget Adjustment Expenditures Previously Approved in Prior Year or Other Funds 1997 Carryover Budget-Kent Springs Transmission Main 1997 403,905 1997 Carryover Budget-Water Main Replacements 1997 350,294 1997 Carryover Budget- Equipment 1997 82,320 Previously Approved with Council Date Technology Plan-Cost Allocations 4/21/98 9,934 Total Budget Adjustment Expenditures 846,453 Total Expenditures 29.048.204 Sources of Funding Budget Ordinance No. 3384 7,226,310 Carryover Budget 15,343,839 Internal Transfers 3,848,838 Beginning Fund Balance 4,367,735 Ending Fund Balance (2.574,971) 28,201,751 Budget Adjustment Sources Ending Working Capital 846,453 Total Budget Adjustment Sources 846,453 Total Sources of Funding 29.E BE 98ADJORD1.xls 7/15198 City of Kent Sewerage Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 19,401,942 Carryover Budget 21,776,965 Internal Transfers 4,467,387 45,646,294 Budget Adjustment Expenditures Previously Approved in Prior Year or Other Funds 1997 Carryover Budget- Drainage Improvements 1997 651,168 1997 Carryover Budget-Sewer Replacements 1997 291,557 1997 Carryover Budget-Green River Management Plan 1997 37,400 1997 Carryover Budget-Valley Detention Basin 1997 2,149,650 1997 Carryover Budget-Lower Garrison Creek 1997 488,467 1997 Carryover Budget- Equipment 1997 20,600 SEPA Mitigation-Drainage Improvements Ord#2494 12,005 Previously Approved with Council Date Technology Plan-Cost Allocations 4121/98 10,986 _. Total Budget Adjustment Expenditures 3,661,733 Total Expenditures 49.308.027 Sources of Funding Budget Ordinance No. 3384 18,898,958 Carryover Budget 21,776,965 Internal Transfers 4,467,387 Beginning Fund Balance 2,911,228 Ending Fund Balance (2,408,244) 45,646,294 Budget Adjustment Sources SEPA Contributions 12,005 Ending Working Capital 3,649,728 Total Budget Adjustment Sources 3,661,733 49.308.027 Total Sources of Funding BE 98ADJOR01.xls 7/15/98 City of Kent Golf Course Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 3,134,850 Carryover Budget 253,000 Internal Transfers 602,213 31990,063 Budget Adjustment Expenditures Previously Approved with Council Date Technology Plan-Cost Allocations 35,906 51 Total Budget Adjustment Expenditures 51 Total Expenditures 3.9�14 Sources of Funding Budget Ordinance No. 3384 3,196,300 Carryover Budget 253,000 Internal Transfers 602,213 Beginning Fund Balance 4,085 Ending Fund Balance (65,535) 3,990,063 Budget Adjustment Sources Ending Working Capital 51 Total Budget Adjustment Sources 51 Total Sources of Funding 3.990.114 BE 98ADJORD1.,ds 7/1M8 City of Kent Fleet Services Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 2,314,874 Carryover Budget 142,000 2,456,874 Budget Adjustment Expenditures Previously Approved in Prior Year or Other Funds 1997 Carryover Budget-Fleet Services Vehicles 1997 80,266 Correction - Police Vehicle Equipment (1) (15,661) Previously Approved with Council Date Technology Plan-Cost Allocations 4121/98 8,675 Total Budget Adjustment Expenditures 73,280 Total Expenditures 2.530.154 Sources of Funding Budget Ordinance No. 3384 2,770,380 Carryover Budget 142,000 Beginning Fund Balance 2,498,876 Ending Fund Balance (2,954,382) 2,456,874 Budget Adjustment Sources Transfer In -CIP Fund (15,661) Ending Working Capital 88,941 Total Budget Adjustment Sources 73,280 Total Sources of Funding 2�530.11554 (1) Move budget for police vehicle items to General Fund Police budget. Initially approved in the 1998 Fleet Services budget as part of the vehicle purchase. BE 9aADJORD1-,ds 7/16N8 City of Kent Central Services Fund Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 4,466,086 Carryover Budget 1,492,000 Internal Transfers 180,000 6,138,086 Budget Adjustment Expenditures Previously Approved with Council Date Technology Plan-Operating Costs 4/21/98 192,000 Total Budget Adjustment Expenditures 192,000 Total Expenditures 6.330.086 � Sources of Funding Budget Ordinance No. 3384 4,474,681 Carryover Budget 1,492,000 Internal Transfers 180,000 Beginning Fund Balance 141,964 Ending Fund Balance (150,549) 6,138,086 Budget Adjustment Sources Transfer In -CIP Fund 37,800 Computer Services Revenue 154,200 Total Budget Adjustment Sources 192,000 Total Sources of Funding 6 BE 98ADJORM As 7115198 City of Kent Fire Equipment Fund Y Budget Adjustments thru June 30, 1998 Source of Authorization Expenditures Funding Expenditures Budget Ordinance No. 3384 66,853 Budget Adjustment Expenditures Previously Approved with Council Date Fire Apparatus Pumps 313198 20,000 Total Budget Adjustment Expenditures 20,000 Total Expenditures 86•853 Sources of Funding Budget Ordinance No.3384 451,348 Beginning Fund Balance 544,284 Ending Fund Balance (928,779) 66,853 Budget Adjustment Sources Ending Working Capital 20,000 Budget Adjustment Sources 20,000 Total Sources of Funding 86.853 BE 98ADJORD1 ids 7/15/98 Kent City Council Meeting Date Auctust 4 1998 Category Consent Cal dar 1 . SUBJECT: 1999 BUDGET - SET HEARING DATE 2 . SLTMM&U STATEMENT: Set August 18, 1998 , as the date for a public hearing on the 1999 Budget . 3 . EXHIBITS• None 4 . RE.0 OI MENDED BY_ • Finance Director (Committee, Staff, Examiner, Commission, etc . ) 5 . TNBUDGETED 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. 3M Kent City Council Meeting Date August 4 , 1998 Category Consent Calendar 1 . SUBJECT: RIVERBEND DRIVING RANGE NETTING PROJECT - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: Accept the Riverbend Driving Range Netting Project as complete and release retainage to Driving Ranges Inc . upon receipt of state releases . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Parks Staff (Committee, Staff, Examiner, Commission, etc . ) s . TnNB GETED 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. 3N Kent City Council Meeting Date August 4 , 1998 Category Consent Calendar 1 . SUBJECT: SPRINGWOOD PARK TRAIL DAMAGE REPAIR - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: Accept the Springwood Park Trail Damage Repair Project as complete and release retainage to Ohana Nursery upon receipt of state releases . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Parks Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 30 ................ ... Kent City Council Meeting Date August 4 . 1998 Category Other Business 1 . SUBJECT: FOX RIDGE ADDITION NO. 1 FINAL PLAT FSU-96-14 2 . SUMI RY STATEMENT: This date has been set to consider the final plat application submitted by DMP, Inc . , for the Fox Ridge Addition #1 Final Plat . The City Council approved the preliminary plat with conditions on November 18 , 1997 . 3 . EXHIBITS: Memo and map 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 move, Councilmember seconds to approve the staff ' s recommendation of approval with condi- tions of the Fix Ridge Fi/fial Plat and authorize the Mayor to sign the final plat Myl1/r. DISCUSSION: ACTION: Council Agenda Item No. 4A CITY OF LEI1,�J`� Jim White, Mayor Planning Department (253)859-3390/FAX(253) 850-2544 James P. Harris, Planning Director MEMORANDUM August 4, 1998 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR RE: FOX RIDGE ADDITION #1 FINAL PLAT #FSU-96-14 On November 18. 1997, Kent City Council approved the Hearing Examiner's recommended approval of the Fox Ridge Addition#1 Preliminary Plat (#SU-96-14), 2.5 acre, 13-lot residential plat. The property is located at 11800 SE 268`" Street in Kent, Washington. Staff recommends the City Council approve the Fox Ridge Addition 91 Final Plat 9FSU-96-14 with the attached conditions. JPH\ch\fsu9614m µ Enclosure Cc: Fred N. Satterstrom, Planning Manager --0 4th ENL E SM FH , hI:x7'.�� �SHI,VCTON"I'll'. ,," FHA PHOM ,2;31 s.,"1,uu FOX RIDGE ADDITION #1 #SU-96-14 ON DECEMBER 18, 1996, THE KENT HEARING EXAMINER RECOMMENDED APPROVAL TO THE CITY COUNCIL THE FOX RIDGE ADDITION #1 PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS AS PART OF THE RECOMMENDATION. CITY COUNCIL APPROVED WITH THE FOLLOWING CONDITIONS ON NOVEMBER 18, 1997 A. CONDITIONS OF APPROVAL: 1. The subdivider shall implement all mitigation measures required by the Determination of Nonsignificance for SEPA checklist #ENV-96-64 for the Fox Ridge Addition I Subdivision. B. PRIOR TO RECORDATION OF THE FOX RIDGE ADDITION 41 SUBDIVISION: 1. The subdivider shall dedicate sufficient right-of-way, across the entire property frontage, for the construction of SE 268th Street to City Standards. This deed of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, SE 268th Street, and adjacent affected properties, and shall clearly - delineate the existing public right-of-way, property lines, curb lines, paving limits, and other public and private improvements. This right-of-way dedication shall include sufficient property to construct 35-foot radius curb returns tangent to the new curb lines on SE 268th Street and the plat street. 2. The owner/subdivider shall dedicate sufficient right-of-way to construct the plat street to Citv Standards for a Residential Street. with a minimum right-of-way of 49-feet, including a minimum 51.5 foot radius in the turnaround (at property line, 45 feet at curb line) in the turnaround. 3. The developer shall grant 26-foot wide common access tracts to provide access to the following lots or provide joint-use driveways or other method of obtaining a safe separation distance between access points to lots to help reduce the potential for pedestrian/vehicle encounters: a. Access Tract 1: Lots 3 through 6 b. Access Tract 2: Lots 7 through 10 4. The owner/subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: Fox Ridge Addition 91 9SU-96-14 . Conditions a. A gravity sanitary sewer system to serve all lots. The septic system, if any, serving the existing home within the proposed plat shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots. C. A stormwater drainage system meeting the requirements of the Kent Construction Standards for release, detention, water quality treatment, and 100-year, 24-hour conveyance, etc. The maximum release criteria to be met for this project shall be that for Soos Creek Basin Plan. The minimum detention volume will be that volume required for the 100-year, 24-hour design storm released at a rate no higher than 70 percent of the redeveloped 2-year, 24-hour design storm (the release criteria established in the Soos Creek Basin Plan for discharge to Soosette Creek). The predevelopment condition for this development shall be assumed to be forest unless otherwise determined by the Public Works Director. d. Roof Downspout Infiltration Trenches for each house and garage. The approved stormwater drainage plans will include a detail for the Roof Downspout Infiltration Trenches. The following note shall be contained on the face of the final plat: AS A CONDITION OF BUILDING PERMIT ISSUANCE, BUILDINGS CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. e. The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream a distance of at least one quarter mile, or to the point where stormwater discharges to the City of Kent stormwater drainage system, whichever is further. The owner/subdivider shall identify all reaches which do not have the capacity to carry the 100-year, 24-hour peak design flow rate. Should downstream capacity be insufficient to convey the 25-year, 24-hour peak flow rate, the Applicant shall either provide necessary off-site improvements (and easements where necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the owner/ subdivider will have to further restrict the release of stormwater from this development. 2 Fox Ridge Addition 41 #SU-96-14 Conditions f. A Landscape Plan for within and surrounding the public detention and stormwater treatment facility. g. An open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment; biofiltration swales; wet ponds; extended detention ponds; and created wetlands. Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. h. Detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards. These plans shall address the entire subdivision and shall include clearing and rough grading for all lots to avoid the necessity of processing 14 individual Grading Permits and TESC Plans during home construction. Both plans shall adequately reflect the Tree Plan discussed below. i. A detailed Tree Plan showing all existing trees greater than 6 inch caliper and which indicates which trees shall be preserved. A tree plan approved by the Planning Department is required prior to any site work including the installation of utilities, construction of roads, and grade and fill activities. j. Construct the plat street to City Standards for a Residential Street, including a 32- foot wide paved roadway; concrete curbs, gutters, and five (5) foot wide concrete sidewalks on both sides of the street; street lighting; storm drainage; street channelization; utilities and appurtenances, and 35-foot radius curb returns at the intersections of the plat street and SE 268th Street. k. A widening/improvement of SE 268th Street, across the entire subdivision frontage to City Standards as required to transition to the existing roadway improvements to the east and west of the subject property. 1. A five (5) foot wide concrete sidewalk along the southerly side of SE 268th Street, from the southerly subdivision boundary to the easterly subdivision boundary of the 'Fox Ridge' plat. In lieu of this Environmental Mitigation Measure, and at the sole discretion of the Director of Public Works, the concrete sidewalk shall be constructed along the southerly side of SE 268th Street, westerly to the paved walkway connecting 116`h Avenue SE and the cul-de-sac bulb at the westerly terminus of SE 268th Street. Fox Ridge Addition #1 ,,,,,.#SU-96-14 Conditions in. Two 24-foot wide paved Private Access Tract roadways -- providing access to Lots 3 through 6 and Lots 7 through 11 -- and including on-site paved hammerhead turnarounds meeting the requirements of the Fire Marshal, if determined necessary. 4. Runoff from lots 5, 6, 7 & 8 along the westerly edge of the plat shall be intercepted and conveyed into the stormwater drainage system. 5. The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements identified in Section B, above. 6. Dedicate 5 percent of the total plat area for park and open space or pay a fee in lieu of per Section 12.04.490 of the Kent City Code. C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN THE FOX RIDGE ADDITION #1 SUBDIVISION: 1. Construct all improvements required in Sections A & B, above. 2. The owner/subdivider shall submit as-built drainage plans for the entire site prepared by a professional land surveyor licensed by the State of Washington to the City for review and approval prior to issuance of any building permits. 4 FOX RIDGE ADDITION 1 SU 96-14 A Portion of S.W. 1/4, S.W. 1/4, Sec. 28, Twp. 22 N., Rge. 5 E., W City of Kent, King County, Washington 9( 128 14 W Ort �r ti g / 30 6 J DoQD N LN N w 1/4,'IS IN 1/4. S.I i/,. SEC28. T-22N. R-5E. W W SE 268TI cn ''''^^ r- .N 330.06' - / NW53-16-W �/.06• 1 _ �S 97.84 82.20' 7a.12' Cl 75.eo' CwSw I/64TH o C2 O CORNER ry Z 0 J` <0 \ 9 m �. 4 o m 3 w N88.53'n'w o ' .mod., CP ,03.73' � 15' vRIVATE STORM DRAIN p y o 5 - Z O / EASEMENT04 fV _ _ So Aa C7 a� N 9.. / w � I `-• R=51.50' CS ��_ C3 r, .GCB Cal T 15 PRIVATE - STORM DRAIN m EASEMENT �.. ICg N6?9� �o R�•'ASq� 6 `� CIS/ N6zo0 00' ,R1 ( E 269TH PL )01.99 CIO N26'07'51'E (R) C15 C17 W \ 9.20' 14 C16 U,p• 13 W 0 m > N C 12 C 1 3 / ➢o .£ 115' PRIVATE 3 S,, _ nSTORM DRAIN), -� -P I^ EASEMENT - o 8 10 9 O Q 11 3 o o Z 12 � z T 2 In i i N ry ry N 63.95' 9180' 52.00' 52-00' 68.39' m i / u� m I NW51'42'W MIN - - N Z 1 w m` N LN S. 330.00' EI/2. NWI/4, SWI/a_ SWI/l.h SEC 28, T-22N. R-5E. wM 1 �r c _ 01 = 50 CURVE LOTIRADIUS LENGTHI DELTA I - 11 1 1293.00' 19.51 1 03-48'S4" CC I I 25.00' 44.67' 102-22'37" 75.50 169.67' 75-53'18" w c4 25.00' 27.44' 62'52'49" I C5 - 51.50' 13.91' 15-28'23" $ECTIC� C6 3 51.50' 46.69' 51'56'33" STILL r7 a 1 51.50' 122.15' 24'38'45" - ry c8 5 1 51.50' 22.77' 25.2001 C9 6 1 51.50' 27.90' 31'0231" N t o CIO 7 51.50' 27.48' 30*34 37" of E. LINE. c Cl! 8 51.50' 20.11' 22*22'12' z o C12 1 9 1 5I.50' 31.23' 3a'a4'S3" z� C'.3 10 I 51.50' 38.01' 42"17'13" 1 C14 10 25.00' 19.47' 44'37'51" p ;rAND C15 10 124.50 2.25 01-02 1 IN cA ............ . _ Kent City Council Meeting Date August 4 1998 Category Other Business 1 . SUBJECT: STONE WOOD PRELIMINARY PLAT SU-97-13 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner' s recommendation for conditional approval of a preliminary plat application by BP Land Investments, LLC, for a 17 single-family residential lots subdivision. The property is located on the east side of 96th Avenue S. at approximately S . 231st Street . 3 . EXHIBITS: Hearing Examiner' s Findings and Recommendation issued on July 1 , 1998 4 . RECOMMENDED BY: Hearing Examiner (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 )&t seconds to approve the Hearing Examiner ' s recommendation of approval with conditions of the Stone Wood preliminary plat . DISCUSSION: ►rY1 G ACTION: Council Agenda Item No . 4B CITY OF �JQ� uvIT Jim White, Mayor Planning Department (253) 859-3390/FAX(253) 850-25dd James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (253) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION/DECISION FILE NO: STONEWOOD 9SU-97-13 AND 9V-98-4 APPLICANT: BP Land Investments, LLC REQUEST: A request to subdivide approximately five (5) acres into 17 single- family residential lots and a request for a variance to reduce by ten (10) feet the setback from the top of the ravine. LOCATION: The property is located on the east side of 961h Avenue S., at approximately S. 231" Street (tax ID #1822059089). APPLICATION FILED: March i 1, 1998 DETERMINATION OF NONSIGNIFICANCE ISSUED: April 10, 1998 MEETING DATE: May 20, 1998 RECOMMENDATION ISSUED: July 1, 1998 RECOMMENDATION: APPROVAL with conditions of #SU-97-13 DECISION: APPROVAL with conditions of#V-98-4 STAFF REPRESENTATIVE: Fred N. Satterstrom. Planning Department Charlene Anderson, Planning Department Frank Spanjer, Public Works Department PUBLIC TESTIMONY: Wayne Potter representing applicant EXHIBITS: 1. Hearing Examiner file containing the application, Mitigated Determination of Nonsignificance, public notice and staff report. „01rh.A�FNC E SOUTH i KENT.Ac ASHINGTON nxU:_.:x1); TELEPHONE ,_i,ll�i9-:9ni Hearing Examiner Findings and Recommendation Stone Wood #SU-97-13 & #V-98-4 the developer to submit a detailed tree plan, subject to Planning Department approval, with the intent to save those trees outside the area needed for road, utility, and house construction and which do not pose a threat to people or property. Exhibit 1, page 3. 4. Upper Garrison Creek, a major creek of the City of Kent, is located along the western side of the property. Upper Garrison Creek has documented erosion and sedimentation problems. Exhibit 1, page 4. A steep bank exists on the site. The Planning Director determined the bank to be a ravine associated with Garrison Greek. The top of the ravine shown on the topographic map prepared by Norman E. Larson does not appear to meet with the definition contained within Section 15.02.337 of the Kent Zoning Code. The top of the ravine would have to be determined based on a field topographic survey by licensed land surveyor in the State of Washington. Exhibit 1, page 4. 5. The City's wetlands inventory identified a wetland at the southwestern comer of the site. The City's Water Quality Engineer reviewed a wetland evaluation submitted by Terra Associates and determined that no wetlands exist onsite. Exhibit 1, page 4. 6. Access to site would be from 96`h Avenue South, classified as a Residential Collector Street. which currently has substandard improvements. The current average daily traffic (ADT) along 96`h Avenue South is approximately 3000 vehicles. The proposed subdivision will add an estimated 162 daily and 17 PM peak hour trips. The City reviewed the impacts the proposal might have on regional and local transportation systems and determined that mitigation would be required. Exhibit 1, page 4-5. 7. The City of Kent would provide water. An existing 8-inch water main is available to serve the property. The City of Kent would provide sanitary sewer service. An existing 8-inch sanitary sewer is available to serve the property. Exhibit 1, page .i. 8. The development would discharge into Upper Garrison Creek, which has erosion and sedimentation problems. A stormwater system, designed to City of Kent construction standards, would be required. The Public Works Department has reviewed a preliminary plan submitted by the applicant and concluded that it appears to be satisfactory. An approved detailed drainage plan would be required prior to recording the subdivision. Exhibit 1,page 5. The applicant proposed to locate a storm drainage pond within the 75-foot setback area from the top of the ravine. The Department of Public Works reviewed that proposal and recommended approval of the proposed pond location, provided there`is a minimum 30-foot setback from the top of the ravine. Exhibit 1,page 6. The City Planning Director determined that the detention pond is not subject to the setback for impervious surfaces and that no variance would be required. Exhibit 1, page 13. Hearing Examiner Findings and Recommendation Stone Wood #SU-97-13 & #V-98-4 9. Turnkey Park, a neighborhood park, is located in the vicinity of the proposed subdivision. The City Parks Department concluded that the application will impact existing park and recreation facilities. Thus, as a condition of approval, the applicant would be required to dedicate five percent of the total property being developed as open space or pay a fee in lieu of dedication pursuant to KCC Section 12.04.490. Exhibit 1, page 6. 10. The subject property lies within the Kent School District and would impact the district. School mitigation fees are assessed at the time of issuance of a Construction Permit. Exhibit 1, page 6. 11. The City Planning Department reviewed the application and determined that the proposed plat would be in conformance with all regulations of the subdivision code. Exhibit 1, page 12. No one presented any evidence to the contrary at the open record hearing on this application. The applicant testified in support of all conditions recommended by the City. Testimony of'Mr. Potter. 12. The applicant would have been able to develop 22 lots if no sensitive areas existed on the site. The existence of the sensitive areas has decreased this number to 17 feet. The two lots that the variance is requested for are encumbered by the ravine setback area as well as sewer and water easements. The applicant submitted a reliable geotechnical report that revealed no indications of slope instability such that would threaten other properties in the area. The applicant has also agreed to execute a"hold harmless" agreement so that the City would have no liability for any damage to properties that might result from a reduced setback. Testimony ofMr. Potter; Exhibit 1, page 14. 13. The applicant submitted a geotechnical report. The Department of Public Works reviewed the report and met with the applicant. The Department concluded that the variance would be acceptable and would not be materially detrimental to public welfare nor injurious to the property in the vicinity. Exhibit 1, page 15. 14. A Mitigated Determination of Nonsignificance (MDNS) was issued on April 10, 1998 (4ENV-98-18) and revised on May 28, 1998. The MDNS detailed 20 conditions. Exhibit 1, page 3. No one appealed the MDNS. 15. Notice of the public hearing was mailed to landowners located within 300 feet of site.and posted on site. Exhibit 1, Affidavit of Notice. No testimony in opposition to the proposal was submitted. 4 Hearing Examiner Findings and Recommendation w. Stone Wood #SU-97-13 & #V-98-4 CONCLUSIONS Jurisdiction The Hearings Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and, based on that evidence, to present a recommendation to the City Council to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090. Criteria for Review of Preliminary Plat Application The decision of the Hearings Examiner must be supported by the evidence presented, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington(RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: Provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected, that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate name and dates, proposed platted property lines, contours and elevations, proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. KCC 12.04370 which requires a written statement from the Seattle-King County Health Department as to the general adequacy of the proposed means of sewage disposal and water supply. 5 Hearing Examiner Findings and Recommendation Stone Wood #SU-97-13 & 4V-98-4 KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns,protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation;. KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination "that appropriate provisions are made for public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Criteria for Review of Variance Application In order to approve an application for a variance from the terms of the zoning code, the Hearing Examiner must determine that: 1. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property is located; 2. That the variance is necessary, because of special circumstances relating to size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the property is located; 3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. 6 Hearing Examiner Findings and Recommendation Stone Wood #SU-97-13 & #V-98-4 CONCLUSIONS 1. The application for approval of a preliminary plat, with conditions, meets the criteria for approval as established by the Revised Code of Washington and the City of Kent Council. The application should be approved subject to conditions to address stormwater drainage, street improvements, protection of existing trees, water flow for fire protection and mass transit opportunities for residents. Findings of Fact No. 1- 15. 2. The application for approval of a variance to allow a reduction in ten feet in the setback from the top of a ravine should be approved, subject to conditions. Conditions of approval are necessary to ensure an accurate topographic survey and compliance with conditions of environmental review. Findings of Fact No. 12, 15. RECOMMENDATION AND DECISION Preliminary Plat & Variance Application Based upon the preceding Findings and Conclusions, the Hearings Examiner is recommending APPROVAL of the application for a preliminary plat. Further, the Hearings Examiner is issuing a decision of APPROVAL of the variance to reduce by ten feet the setback from the top of a ravine, subject to the following conditions: CONDITIONS OF APPROVAL FOR THE STONE WOOD SUBDIVISION#SU-97-13: A. CONDITIONS OF APPROVAL: 1. The Owner/Subdivider shall implement all mitigation measures required by the Mitigated Determination of Nonsignificance for the STONE WOOD Subdivision (#ENV-98-18). B. PRIOR TO RECORDING THE SUBDIVISION: 1. The Owner/Subdivider shall receive approval from the Department of Public Works for engineering drawings, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The sewer system shall be extended from the existing City sanitary sewer system and shall be sized to serve all off-site properties within the same service area including areas to the 7 Hearing Examiner Findings and Recommendation Stone Wood #SU-97-13 & #V-98-4 south of the subject parcel. The Owner/Subdivider shall obtain an off-site public sanitary sewer easement along a City-approved alignment. b. A water system meeting domestic and fire flow requirements for all lots. C. Detailed Drainage Plans which show how the 100-year post-developed stormwater runoff from this development will-be collected,conveyed, stored, treated, and released to the City's stormwater drainage system in compliance with the Kent Construction Standards. (1) The Owner/Subdivider shall construct an on-site detention/ retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quantity. The maximum interior slopes of the pond shall not exceed 3:1 unless otherwise approved by the Public Works Director. The detention/retention storage volume and release criteria shall be that for the HILLS; the pre-development condition shall be assumed to be forest only unless otherwise determined by the Director. NOTE: The HPA required below could supersede the City of Kent release criteria if the HPA-required discharge rate is less than required by the City's HILLS standard. (2) The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream a distance of at least one- quarter mile. An open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment; biofiltration swales; wet ponds; extended detention ponds; and created wetlands. Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. e. Street Improvement Plans for the plat road terminating with a cul-de-sac at its east terminus. This plat street shall be in conformance to the requirements 8 Hearing Examiner Findings and Recommendation Stone Wood #SU-97-13 & #V-98-4 for a Residential Street as contained in the City of Kent Construction Standards, including but not limited to: 5-foot cement concrete sidewalks on both sides; at least 32 feet of paved street section from face of curb to face of curb; a City-approved street lighting system; public stormwater conveyance, detention/retention and treatment facilities; and a minimum right-of-wav width of 49 feet, except at the cul-de-sac where the minimum right-of-way radius includes a 3-foot-wide utility strip (which may be provided within an easement as stipulated in the SEPA DNS) behind the back of sidewalk, and at 96th Avenue South where right of way shall accommodate curb return radii of 30-feet, plus the 3-foot utility strip behind the back of sidewalks. f. The private Tract Road providing access to proposed Lots 10 and 11, and the private Tract Road providing access to proposed Lots 7 and 8 shall be paved with asphalt and shall be at least 24 feet wide. The tract or easement boundaries shall be at least two (2) feet wider than the total proposed constructed width for the road. 2. Direct access to 96th Avenue South is prohibited, and the face of the final plat shall contain the following restriction: "RESTRICTION: Direct access to 96th Avenue South from Lots 1 and 17 shall not be permitted. Direct vehicular access to and from these lots is restricted to Southeast 23X Place/Street/Court." (the New Plat Street) 3. The owner/developer shall submit for review and approval by the Planning and Public Works Department 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 and other smaller trees. Approval and construction of the final roadway design and issuance of approved Grading, Temporary Erosion/Sedimentation Control Plans, or development permits for any lot may not occur prior to approval of the tree plan by the Kent Planning and Public Works Departments. No trees of a six-inch caliper or greater shall be removed from any lot except pursuant to a tree plan approved by the Planning Department. Appropriate mitigation, including the replacement of trees at a greater than 1:1 ratio, shall be required if any significant trees are to be removed. Grading Plans cannot be approved without an approved Detailed Tree Plan. 4. The Owner/Subdivider shall dedicate sufficient right-of-way along 96' Avenue South for the entire subdivision's frontage thereon to provide for the widening and Hearing Examiner Findings and Recommendation Stone Wood #SU-97-13 & #V-98-4 improvement requirements for this Residential Collector Street: the minimum right- of-way width is 26.5 feet from the approved centerline of the street. 5. The Owner/Subdivider shall provide all necessary public right of way for the improvements listed in Sections A and B, and shall provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements identified in Sections A and B, and also shall provide the required off- site easements for sanitary sewer. 6. The Owner/Subdivider shall design the stormwater, sanitary sewer, and water facilities so that no part of those facilities is within 10 feet of the existing 16-inch water transmission main, which crosses the subject property, except as approved by the City to make necessary utility crossings. 7. The Owner/Subdivider shall provide fire hydrants at approved locations along with a minimum of 1.000 gallons per minute "fire flow" at 20 psi. 8. Dust generated during construction activities on all lots shall be controlled by wetting dust sources such as areas of exposed soils, washing truck wheels before they leave the site, and installing and maintaining gravel construction entrances. Construction vehicle track out on public rights of way are violations subject to fines from the Department of Ecology, the City of Kent, and/or the Puget Sound Air Pollution Control Authority. 9. The Owner/Subdivider shall dedicate five percent(5 %)of the total plat area for open space park land or pay a fee in lieu of a donation per the requirements of Section 12.04.490 of the Kent City Code. (The fee in lieu of a donation of 5% for open space land is $10,874.21, based on information from the King County Assessor's Office). 10. Mailboxes shall be located on either side of the plat street approximately at the southwest comer of the access easement adjacent to proposed Lot 17 and approximately 15 feet east of the property line between proposed Lots 3 and 4. C. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS FOR ANY LOT IN THE STONE WOOD SUBDIVISION (SU 97-13) THE OWNER/SUBDIVIDER SHALL-, 1. Execute all required Environmental Mitigation Agreements, and the Declaration of Stormwater Facilities Maintenance Covenants prepared by the Property Management Section of Public Works. 10 Hearing Examiner Findings and Recommendation _.. Stone Wood #SU-97-13 & #V-98-4 2. Receive approval for all plans required above and construct all of the improvements noted in Sections A and B, above. 3. Receive approval for "As-Built" Detailed Drainage, Sanitary Sewer and Water Plans for the entire site prepared by a professional land surveyor licensed in the State of Washington in conformance to the requirements of Appendix "E" of the City of Kent Construction Standards. 4. The property owner shall provide to residents of each lot information on mass transit opportunities in the vicinity of the site and about the safe use and disposal of household hazardous waste, including motor oil, in order to minimize surface water pollution. The Kent Planning Department shall provide the property owner with sample information brochures that may be distributed or made available to residents to satisfy this condition. 5. For any lots 7,200 square feet or greater in size, the contractor shall protect solar access to the lots by following the calculations of Kent Zoning Code Section 15.08.234. 6. The property owner shall execute and record a"Hold Harmless" agreement to hold the City of Kent harmless from all loss incurred as a result of any landslide or seismic activity, or soil disturbance. Such agreement shall be in a format provided by the City of Kent. CONDITIONS OF APPROVAL FOR THE VARIANCE: A. The top of the ravine shall be determined based on a field topographic survey by a licensed land surveyor in the State of Washington, meeting the 15 percent slope criteria as defined in the Kent Zoning Code. The survey shall be approved by the City prior to recording the subdivision. B. Given the conditions required above and as part of SEPA, including the requirement that the ravine be included within a Sensitive Area Tract dedicated to the City, the Department of Public Works has no objection to a reduction in the setback for impervious surfaces from the top of the established top of ravine from 75 feet to 65 feet for proposed Lots 10 and 11, as requested. " 11 Hearing Examiner Findings and Recommendation Stone Wood #SU-97-1 3 & #V-98-4 Dated this I" day of July, 1998. THEODORE PAUL HUNTER Hearing Examiner Section 15.09.040 E: Any variance authorized by the hearing examiner shall remain effective only for one (1) year, unless the use is begun within that time or construction has commenced. If not in use or construction has not commenced within one (1) year, the variance shall become invalid. 12 •...www...ur w•.. r r w.NO �'-,1p -y.! ;!!i14.1 till K. is I lip • IYiLL '� (fit n O ' 'J DQ77IAIE 3 a sen-- 741 I � r ` i " z � 0Z � m :0 00 m O y e A it,, C `r ---- tre 2 t E S •�'-� a klI S PRELIMINARY PLAT orate ,,, M B rwIo +evr� i t rya�[�� .... • r.s • a OF STONE WOOD v e — "'�' "` ............. Kent City Council Meeting Date August 4 1998 Category Other Business 1 . SUBJECT: LODGING TAX ADVISORY COMMITTEE - ORDINANCE 2 . SUMMARY STATEMENT: Due to changes in state law, the City of Kent now has authority to levy a 1% lodging tax, the proceeds of which must be used for tourism promotion. The first step in consideration of such a tax is the establishment of a Lodging Tax Advisory Committee . The committee will be composed of seven members : three representatives of the lodging industry, three representatives of potential beneficiaries of the tax, and the chair of the Council Operations Committee who shall serve as chair. The committee will review proposals for levying such a tax, and proposed expenditures of such tax, and shall make recommendations to the City Council . 3 . EXHIBITS: Ordinance and memorandum 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc . ) 5 _ UgBUpGETED FISCAL/PERSONNEL IMPACT• NO X YES 6 . EXpENpITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember e_. a'L'k seconds 6 to adopt Ordinance No. qf_� creating ttae Lodging Tax Advisory Committee, and to direct staff U prepare a proposal for a 1% lodging tax for submission to the committee . DISCUSSION: ACTION: L 6,47 t� f Council Agenda Item No. 4C ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent. Washington, establishing a Lodging Tax Advisory Committee for the purpose of reviewing and commenting on the imposition and levying of a lodging tax within the City of Kent. WHEREAS, RCW 67.28.181 authorizes a municipality to impose an excise tax on the sale of or charge made for the furnishing of lodging that is subject to tax under Ch. 82.08 RCW; and WHEREAS, all revenue from taxes imposed pursuant to Ch. 67.28 RCW are to be used solely for the purpose of paying all or any part of the cost of tourism, promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities; and WHEREAS, the City Council desires to consider the matter of imposing such a lodging tax within the City of Kent and to submit the matter of a lodging tax to the advisory committee for review and consideration; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON. DOES HEREBY ORDAIN AS FOLLOWS: I Lodging Tax Committee SECTION 1. A new chapter, Chapter 2.54 entitled "Lodging Tax Advisory Committee," is hereby added to the Kent City Code as follows: Chapter 2.54 Lodging Tax Advisory Committee Sec. 2.54.010. Created. There is hereby created the Lodging Tax Advisory Committee. The committee shall serve in an advisory capacity to the Mayor and City Council. Sec. 2.54.020. Membership. The Lodging Tax Advisory Committee shall consist of seven members as follows: A. Three members appointed by the City Council who are representatives of businesses required to collect tax under Ch. 67.28 RCW; B. Three members appointed by the City Council who are persons involved in activities authorized to be funded by revenue received under Ch. 67.28 RCW; C. The Chair of the City Operations Committee shall serve as chair of the Lodging Tax Advisory Committee. Sec. 2.54.030. Terms. All members appointed pursuant to Ch. 2.54.020 above shall serve three-year terms. The initial appointment shall be staggered with two appointments serving a one-year term,two appointments serving a two-year term, and two appointments serving a three-year term. Organizations representing businesses required to collect to tax under Ch.67.28 RCW and organizations involved in activities authorized to be funded by revenue received under said tax as well a local agencies involved in tourism and promotion may submit recommendations for membership on the committee. Sec. 2.54.040. Responsibilities. The Lodging Tax Advisory Committee shall make reports and recommendations to the Mayor and City Council as follows: A. The committee shall consider proposals for imposition of a City lodging tax under Ch. 67.28 RCW. B. If such tax is adopted, the committee shall review any increases in the rate of tax imposed, repeal of any exemption from a tax imposed or a change in the use of revenue received under Ch. 67.28 RCW. The committee shall consider any such 2 Lodging Tax Committee -. proposal,provide for public input, and submit comments in a timely manner to the Mayor and City Council. The comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. Sec. 2.54.050. Sunset Clause. In the event a Lodge Tax is not implemented by the City Council by January 1, 1999, this chapter, and the ordinance adopting this chapter, shall automatically repeal and the Lodge Tax Advisory Committee shall dissolve. SECTION -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 3. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE. MAYOR i ATTEST: BRENDA JACOBER, CITY CLERK i APPROVED AS TO FORM: i' ROGER A. LUBOVICH, CITY ATTORNEY 3 Lodging Tax Committee PASSED: day of , 1998. APPROVED: day of , 1998. 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'\LAMORDINANUodgingm,ord.doc 4 Lodging Tax Committee �J CITY OF Z VICIr- Mayorr Jim White OFFICE OF THE MAYOR CITY OF KENT 220 4TH AVE. SOUTH KENT, WA 98032 (253) 859-3355 FAX TRANSMISSION FAX NUMBER: (253) 813-2067 SENT TO: LEONA ORR, COUNCIL PRESIDENT CITY COUNCILMEMBERS FROM: JAN BANISTER, EXEC. ASST., MAYOR'S OFFICE DATE: AUGUST 391998 THE FOLLOWING DOCUMENT CONSISTS OF I PAGES, WHICH INCLUDES THIS COVER SHEET. PLEASE NOTE!! ! IN YOUR COUNCIL PACKET UNDER"OTHER BUSINESS", PLEASE TURN TO ITEM "C". THE BLUE SHEET SUBJECT IS "LODGING TAX ADVISORY COMMITTEE - ORDINANCE." THE ORDINANCE FOLLOWS AND THEN YOU WILL FIND A MEMORANDUM TO THE OPERATIONS COMMITTEE CONCERNING '/4% REAL ESTATE EXCISE TAX - ORDINANCE. PLEASE REMOVE THAT MEMO AND THE "CITY OF KENT PARKS AND RECREATION DEPARTMENT CAPITAL PROGRAM." THOSE ITEMS WERE ADDED ACCIDENTALLY AND SHOULD NOT BE INCLUDED IN THE LODGING TAX ITEM. THANK YOU. SORRY ABOUT THE INCONVENIENCE. JAN NAME: JAN BANISTER PHONE: (253) 859-3359 MEMORANDUM Date: July 16, 1998 To: Operations Committee From: Brent McFall, Director of Operations Subject: 1/4 % Real Estate Excise Tax - Ordinance The City of Kent has authority to levy a second '/4 % Real Estate Excise Tax (REET) on the sale of property in the city. Levy of this tax would result in a 1/2 % total city REET. The REET can only be used for capital projects as specified in state law. It is anticipated that use of the second '/4 % REET in Kent would be used for parks development projects. Adoption of the REEL'would provide a long-term source of funds for parks development, and would free up other funds in the city's capital budget for other needed projects. Staff recommendation: Staff recommends the adoption of the second '/4 % Real Estate Excise tax to fund parks development projects. Recommended Motion: I move that the Operations Committee recommend to the Council accption cf the ordinance implementing the second '/4 % Real Estate Excise Tax as provided by state law. Operations Committee REF I memo 1 Date : May 4 , 1993-UPDATED March 6 , 1998 To : May Miller, Finance Director From: Jim Huntington CPA, Field Auditor Subject : Additional 1/4 percent real estate excise tax. During the 1992 legislative session substantial amendments were made to the Revised Code of Washington making available to certain cities planning under the Growth Management Act an additional 1/4 of one percent real estate excise tax. This tax is enacted by a simple majority vote of the council . This tax must be used solely for financing capital projects specified in a capital facilities plan element of a comprehensive plan. In addition, these mcn_es may be used for debt service for qualifying facilities listed below. The monies collected can be used for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation or improvement of streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, bridges, domestic water systems, storm and sanitary sewer systems, and planning, construction, reconstruction, repair, rehabilitation, or improvement of parks (1) . In 1997 $1, 158 , 600 was collected from the 1/4 of one percent real estate excise tax currently authorized. An additional 1/4 of one percent could add an additional $1, 158 , 600 per year. An economic downturn or higher interest rates could reduce the annual amount . Following is the status of local cities regarding adding the additional 1/4 percent real estate excise tax: CITY ADDITIONAL 1/40-- TAX Auburn Yes Renton Yes Tukwila In =rogress (2) Normandy Parr Yes (3) Seattle Yes Des Moines Yes SeaTac No Mercer Island Yes cverett Yes Federal Way Yes (i) To be used for streets or parks . Please note that cities can not purchase park land with this revenue source. (2) Saved to use on specific project (New City Hall walkways and street parking improvements) plan to implement in 1998 . (3) Passed in 1993 then repealed. Reenacted in 1998 to be used for 1st Avenue improvements as matching money for State Funds . CITY OF KENT PARKS AND RECREATION DEPARTMENT CAPITAL PROGRAM CITY OF KEN T PARKS & RECREATION Background: The Kent Parks and Recreation Department began operation in 1957. Cver the years the Parks and Recreation Deparrment has developed into one of the top agencies in the northwest. The department has been recognized and rewarded locally and nationally for many of its outstanding facilities. In 1988, the Parks and Recreation Department was awarded the National Gold Medal Award by the National Recreation and Parks Association and the Sports Foundation Inc. This award is the highest award given in the nation for excellence in parks and recreation services. i ne faciiities arew out of many years of support by elected officials, staff and citizens wcrkina tccether. i ne Kent parks system is aging. This was reccanized in 1994 and a maicr effor has taken place to renovate the park system. At the same time, new parks and traiis have been buiit. Land has been acquired for fLture parks in areas of Kent that did not have faciiities, especially in areas recently annexed by the City. Many funding sources were used to accomplish the projects over the past four years. In addition to the city's Capital Improvement Fund, other funding sources included county, state and federal grants. In addition, in kind resources were acquired using servics clubs and citizens through the City's Adapt-A-Park program (see Exhibit 5). By the end of 1998, over fifty (50) projects will have been completed, or are in the final construction design phase. A listing of these projects and their funding sources is in Exhibit 1. WHA i S AHEAD As a result of annexations, acquisitions, and community master planning, staff has Identified a number of capital projects for development. The differenc. be^Neen these preiecm and many of the prciec:s ccmpieted over the past four years is that many of these are new construction. 1 ne expenses an these prciects are greater due to ccmciete infrastructure building, equipment, and required, street improvements. Staff has prepared a [is-Lino of these projects and potential funding sources. i nese prcjec s are note In '�Y.hibit 2. Cne passible funding scura:a to aamcieT.e these projects Is ti IC City Capital Improvement Program. Exhibit 3 identifies the funcz that are avaiiable tc the Parks Cecariment threuch the Capital Faciiities Program. A.pproximateiv S250,000 to S300,000 per year must be set aside in the Capital Improvement Program for park repairs, consultant fees, life dole replacements, and the last of the playground repiac.aments. With the Capital improvement Program and possible outside sources, there still is a shortfall in the ability to fund these projects in a timely manner to meet public demand and maintain and acceptable level of service. Stag is proposing three options for funding. They inc!ude: 1 . Voted Bend: This would involve a vote of the citizens to levy an additional property tax to pay for these improvements. It would require a 60% approval rate. If this were to happen the most likely dates would be September or November of 1998. Information on the cast of the bond on a homeowner is shown in Exhibit 4. 2. Real Estate Excise Tax: In 1992 the legislature made amendments to the Revised Code of Washington, making available an additional 'A of one percent real estate excise tax. i ne funds are to be used solely for financing capital projects. The funds can be used for construction of roads, side walks, bridges, and parks. This tax can be enacted by a simple majority vote by Council. Exhibit 5 provides more information on this tax, what other cities in our area are using it, and 'new much it would provide for capital projects or maintain an acceptable level of seriice. 3. E�-tend Prciect meline: This option assumes no new funding sources. 1 ne ability to plan, design, and construct would be postponed for many years. As a resuit of deiayina these projects, it is not known what the impact might be an other capital projects riot identmed that would arise in the future. TIMELINE FOR DECISIONS: In order to conduct a Bond Issue in September, Council would have to authorize a vote by the end of July. A tremendous amount of work needs to be done gathering community support prior to a July decision. Staff would recommend that a professionally managed votehs poll be done prior to a decision on a bond issue. Star will explain this further to the Council in the scheduled workshop on May 5. If a bond issue is not recommended, either of the other actions could be worked with in the 1999 budget process. CONCLUSION: With the support of past and current elected officials the City has developed a StiCrc Parks and recreation systeT. T his has enabled Kent '`0 maintain a high cuality of !ife and attract business. i ne Narks system has been culit tc enable Kent :c maintain a shall town feeling with strong neighborhood focal points. The projects Outlined in this report allow the City to continue to maintain a high quality of life as it grows. Staff is prepared to discuss the issues relating to this capital plan at the May 5, Council Committee of the Whole Workshop. Parisi and Recreation Capitai Project Report 1994- 1998 Expenditures Revenues Preis Completed) Land Acq Facilities Totsi CIP HondsiN ise Outside Somme East Hill Park Ace.&Oev. 1994 296.007 580.391 376.393 495.337 331.061 LAC Pa.-mice Open Space Acq. 1994 :34,02: =4.025 104,025 100,000 KC Conservation Furores 30,000 Mitigation Fees Scenic Hill PMtl :morovemenis 1994 499.673 49.573 137,5'14 =.746 IAC 136,353 Kd:%Sc:iool District Senior CtnterProoemAcc. 1995 194,257 19d_` 194._57 o f 995 �5.799 445.799 �5,799 KC Conservation Furores Ziverview Pam Acq. 110.000 Mesa Roper Mill C.=K Cmvon AC. 1995 79.032 79.032 3.567 70,515 KC Canservanon Furores ?!ayground Risir Recucc:on 1995 99.976 99 976 I 99.976 King?rooerty Aca. 1995 96,000 96.600 96.600 vang:rou Pars [Go; 50.500 50.500 50.000 500 Kent ions C:uo west Fenwic I Glenn Neison Lignang 1996 37,543 37.543 37,543 mac:,y(monai.?=Poie R .iacemel[ 1996 _1 o54 _!954 _,500 19,451L Insurzr_ 1996 Par:is[orovemerim i996 i 563.173 563,i73 i -77Aa4 1__50 35,950 KC Youth Sports Grant Lions Slate Pact: i996 163;55 163.:-55 _0,457 163 34.250 Youm r Teen Fund Dow Property Acq. 1996 596,701 596.701 596.701 Panting Improvements L996 40,476 40,476 40,476 .omll Prooercy Aceuisidon 1996 243197 243.=97 243.297 Midwav Reservoir Aco. 1996 187,7577 187,757 187,757, 1995 Mist Pan:Lnemveme.^.a I99" 167-902 16Z.902 i 167-902 Gees[River Trui 1997 '_7,999 5-<463 300.462 3 i 0_7 KC Ones Spam 3onas 70,=4 ALI=a Grant intc==Tr--ti 1997. Sd3.:98 L:a3.!98 i,:39 1,475,442 KC CmSa=Bones 42.000 NW..?awer 24,607 Motor Vehicle=Yc:se Tax RuseiiRoad?=Imcrovea:ena 1997 33112 ::C 33.41:: ?arxs do Open Space-Fast::ul 64.009 o4.009 64,C09 _ce in L:�a of Assetsmenc Adpoc-A-Pan _. _:21 19,-1 Donations 3.00o MaswGsmenerFoundano I.CO Seatlr3t2anX F ounawon Lake Fevwick Ttail I991-3997 1.908.680 1,908,680 4,710 1.373,951 KC Open Space Somas 4,3i9 Diastalt w lOO,C00 KC Conservation Fun[te 414,406 LAC 6^94 Moron vehicle E%C=Tax :n Avenue P!= :0,000 _3,000 _0.000 ?laygrorutd Satery 123.601 I2 .60t 30,000 48,601 KC'.'oudt Spores Grain Fencing 31,171 31,171 31.171 Pack bfaster Plans ova a yeaal 244,020 :44,020 _a1,020 3,000 WAS=Namri Resource "iry Greenhouse/Flowers 3I,210 31,210 31,210 s[t:Aemortaf Park Imomvements 33.091 33.091 15,000 66.999 KC Youth Sports Grant 1,_02 <est!:orrs C.uc Lj=He[gnts Renovations 1998 332._33 337_33 j 300.�]00 14,_32 Fc:a Lieu o A.ssccsmer:r 0E Panoom Q M9a Forks and Recreation Capita!Project Report 1994- 1993 Expenditures Revenues Project Completedl Land Acq Facilities Total CIP Bonds/Misc Outside Source 13.000 Public War= Garrison C.uk Renovations 1993 579.013 5 79.013 496.400 t'_,613 Fe-_in Lieu of Assessment 70,000 Public Warts 15,000 KC Cuiturai Resources 314 Kent Kiwants Club ulo Sale of Surplus House 13,600 KC Open Spat Banos signage averlyeaa� t23.000 123.000 123.000 Bert-ter Home Renovation I o5.000 oj.000 40.000 2j.000 KC Landmarss He a1k L over 4vaai '.�3'.336 7.932.336 L 1,007.330 GO Banos, `.nter:st . a.acpurstdon� 3,295,1 t 3 Sate UC Lana =00.000 KC Conservation Futures 179.-3 IAC Sait Aire Hills Deveiottnlenc 3=000 37=000 I 3Z:000 3MX,rrac 5.000 jA00 3.000 Youth IT een Funa (mganon Projects 60.000 60.000 60.000 ,tusseil Road Part Drainage 319.003 319.003 319,008 i 32.00 Kent L ion's Club 26,075 RSC Consttucaon Parinng xiy/Soames Home Renovations 142.321 142,32I 65,000 1,719 75,602 WA State ifumnad Saciet Clark Lane Wetlands 64.155 64,155 44.000 Paget Sound Energy 20,I55 KC Open Soac: East Hill Part Expansion Development 739.799 739.799 317,,a6 300.000 LAC 107-073 Fee in Lieu of Assessment 20,C00 Rotary Donarett Labor 132na Street P^ric IZ000 ;2 000 !:.Coo Sale of Surplus House Mean KC Water Quality Grant 7,_38 7,_S8 7,_33 Meao Sonngvaod Paris Trail Improvement 37,966 37,966 ;7�6o Comm Dev Blocx Grans .iwants Tot Lot;',4 Improvements I 125.=Qa I26.=9a 25, °a C mm Dev 3lacx Gant 1.998.Paric immovemerts 75,000 75.000 75.000 Trails!Paneling Imotovemens 2.°,000 :5.000 �I 25,000 Light Pale Rnoiaceatens 15,000 45,000 15.000 East Pill Youth Spots Facility 10,000 10,000 10,000 3aaketaad Court Development 55,000 55,000 I 55,000 Yotrm!Tent Fand Skareboard Park Development 196.000 196,000 196,000 Youth 1 Teen t and Katmdge Pant ",563 a4,563 I 14,563 30,000 Fx in lien OfAssessmeat Russeil Road Pant Play Equipment 33.000 33.000 ' 38,C00 Comm Oev 310at Grant Tukey Park Renovation 60.000 60.000 60,000 C.arrm Dar Slocx Grant 10.533.9I0 to.9=669 21.486.579 15.525,3E 7,9'='I93 3.038.56-t Projects 1. Vallev floor Russell Road Soccer Field Renovation S 750,000 SeccSr players International Park Develooment Cc0 Q00 Downtown merchants, cultural groups Commons Plavneld Renovation. Phase I S 250,000 Adult and youth ballpiavers and soccer players, Ncrzh Park neicrberhccd 2. East Hill Clark Lake Deveiccment ACC and DE',/ c^ - W�.: miilicn Sirdwatchers, envircnmenialistS 132Id Street Park Deveicoment S K0,00C Neignbamccd East Hill Youth Socrts Comolex T1 51,500,000 Youth ballplayers, neighborhood East Hill Youth Sports Complex T2 51,500,000 Youth ballplayers, neighborhood Meridian Vallee Arnexaticn Neichbcrheod Park ACC: S 400,000 Neighbors 3. West Hill Glenn Nelscr Field Renovation S 3CC.000 Soccer players, youth basebaii and softball piavers Midwav Reservoir Prccertv DEV S 720,000 Neighbors West Fenwicic Picnic Shelter and Socrts Court S 150.000 Neighbors, ballpiayers Q. Valley North Chestnut Ridee Neichbcrhocd Pad< DEV S810,000 SUB-TOTAL 510,370,000 Projers and Potenriai Funding Sources 1. Vailey floor Russell Road Soc^z-FTeld Renovation S 750,000 LaC Youth Sports S (unk=Cvm until 9/98) Kin; County Youth Sports Grant S50,000 Total outside funding sources S-90,000 T In,temaricn i 71= eveiorme S :90.000 f=L-aisers by sister City ors^.niz-'tions S I0.000 Total outside funding sources S10.000 (' r+r^or� n�av,lP;d R�^ovatior. "Ohase T S =50.000 LaC Local Pass S11-5,000 (509'a) IAC Youth Sports S (unimowa =di 9/98) Klan Co=r!, Youth Sports Grit 550,000 Adoot-a-Park P1av Equipment!I=milatioa Si0,000 vaiue Total outside funding sources S18:.000 Fast&- Clark r ake DevetonmP^T ar'n and DES SZ_7 million LaC Locni Ps3ss azer Access S500.000 for kCQ IAC Local Psrss/R%a=,Access SS00,000 for DEV King County Conseriazionrazures S100,000 es- P-vaze funding :57=the Builit Foundation- or others S100.000 Total outside funding sources SI.000.000 - De-!eiormenT S 900.000 LaC LOC:i Parrs S100,000 LaC Youth Soar= S (uaimown uari 9/98) :� Counr7 `_'cuth Sporn Cr-,::.t S50,000 Adovt-a-ear's Play Equipment ins-ailancn S 10.000 value Totai outside funding sources S360.000 - T±av z»iil `'outh_Svom Com-mie- -? S 1,500,000 IAC Local Paris S300,000 per phase, couid build projer im two pirates IAC Youth Sports S (unimown until 9/98) Kla; Cou=(Youth Sports Grant S50,000 P:rvaw donations firm Little League orPniz-azians, r--c- S10,000 Adpot-a P3xi Play Equipment Ittstallatiom 310,000 value Totai outside funding sources SS70,000 East bill Youth So )rrs C griniee S 1.500,000 IAC Local Parks S300,000 per phase, could build project in two phases IAC Youth Sports S (unknown until 9/98) King County Youth Sports Grant S50,000 Private donations from Little League organizations, etc. $10,000 Adopt-a-Part;Play Equipment Installation S 10,000 value Total outside funding sources S3'T0,000 Me 'than valley Annexation Neighborhood Par` >.CQ S 400,000 IAC Local Parks 5 00.000 (500,10 Max.) Total outside fundins sources S-90,000 3. West HiII C*ie^r ye son netd renovation S =00.000 IAC Youth Sports S (unknown until 9/98) King County Youth Sports Grant S50,000 Total outside funding sources S50,000 - Midway Reservoir Prod rty D S "20.000 IAC Local Parks $300,000 IAC Youth Sports S (unknown until 9/98) King County Youth Sports Grant$50,000 Adopt-a-Park Play Equipment Installation S10.000 value Total outside funding sources S360,000 Zwicjc D,,c-ijc She.te- and Soorrs Court S150.000 King County Youth Sports Grant S50,000 Total' outside funding sources 550.000 S. Vallev North Caesmut Ridge Neighborhood Park Dev S 810.000 IAC Local Parks 3300,000 IAC Youth Sports S (unknown until 9/98) King County Youth Sports Grant$50,000 Adopt-a span,Play Equipment Installation S10,000 value Total outside funding sources 5360,000 Sub-Total outside funding sources 53,:05,000 - .; _(n -Z En C4 y G7 00 = ti ti ci ^-7 Z k ° - �e c+ c o CD (I CD is C. CD < co 0 %oo o 0O c 00 00 cc W .- � `, R fe v" x CD 0 Z < y y = y g 9 an r t9 A A `�C i go N ` Z a ' r H Z cn d d N w C y F In y Z IA li lJ f' A W LA n w L a LA — �? — — \0LA W 00 W _ ^ N N N W _�N � LI W IT II cr zp _ ...✓ N U1 d r M 1 �.I N ^ _ I W L lN/1 C LA 1 O✓ O—C L �. N I _ ,y L O: — In — .'1 i ... c1 �^. — 00 = V„ Z ovo — = Z > I— 'WIC N .'1 a tJ� _ � t...i VC\. 1 � •� W �% � ^ ,.., O L 00 00 W N v L1 N W O L N lA L N 1 O T ^ to N (. v7V C1 L1 u v to C N W lJ 00 :r —I to N N 'J1 G1 70 OO � G1 � O C W CT W �O O� O� -. OC � W � � V •• Parks and Recreation Voted Bond Issuance :analysis and Options Assumptions Debt Service calculated at 5.25% average coupon rate for 20,years Assessed valuation of the average Kent home is $150,000 Kenes total assessed valuation is $5,073,523,220 Est annual Est add'l Est Add'I Bond Debt Excess Cost for Amount Service Lew Avg Home 7,000,000 573,666 0.1131 16.96 3,000.000 655,618 0.1292 19.38 1.000,000 737,571 0.1454 21.31 10,000,000 3 19,32 3 0.1615 24.2,; 11,000,000 901,475 0.1777 26.65 I2,000,000 983,427 0.I938 29.08 BE V:1WKSk98C'—APAR-KDEB .7VB 1 26-Feb-98 aDDITIONAL ',/. PERCENT REAL ESTATE TAX: During the 1992 legisiative session substantiai amendments were made to the Revised Code or ;hington making available to certain cries planning under the Growth management Ac; an additional '/y of one percent real estate excise tax. This tax is enacted by a simple majority vote of the Council. This tax must be used solely for financing capital projects specified in a capital facilities plan element of a comprehensive plan. The monies collected can be used for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation or improvement of streets, roads, highways, sidewalks, street and road lighting systems, tragic signals• bridges, domestic water systems, storm and sanitary sewer systems, and planning, construction, reconstruction, repair, rehabilitation, or improvemen t of parks. Following is the status of local cities that have initiated the additicnai % percent re-ai zszzate excise tax: CS+T`! ADDITIONAL "+°o TAX ,auburn Yes Renton Yes Tukwiia In progress (1) Normandy Park Yes (2) Seattle Yes Des Moines Yes AaTac No ..,ercer Island Yes Everett Yes Federal Way Yes (1) Saved to use on specific project (New City hail parking improvements) plan to imniernent n 199E_ (2) Passed in 19.3 their repeaied. Re-enacted in 1998 to be used for I' Avenue improvements as matching money fcr State funds. (:) Fcreca si of funds generated by sec-nC '/s real estate SXC:Sc tax. From C? Forecast. 1998 1999 2000 2001 2002 2003 Totai (In thousands of dollars �^ c^ c� a 012 `•"-6E Real Estate E:cisa Tax) 8411 85Z 8..� „0 � Historicai amounts are: 1992 1993 1994 1996 1996 1997 52e 464 61e 5ce 962 1,159 -11.9% 90.10�0 2�•�vo .. .................... Kent City Council Meeting Date Auaust 4 . 1998 Category Other Business 1 . SUBJECT: TRANSPORTATION IMPROVEMENT BOARD GRANT ACCEPTANCE 2 . SUMMARY STATEMENT: The Public Works Department has received a grant of $1, 320, 577 from the Transportation Improvement Board for the construction phase of the 1961h Street Corridor project . It has been recommended by the Public Works/Planning Committee to authorize the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for $1 , 320 , 577 . 3 . EXHIBITS: Public Works Director memorandum and grant agreement 4 . RECOMMENDED BY: Public Works/Planning Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Counc i lmember— li moves, Councilmember conds that the Mayor be authorized to sign the grant agreement and direct staff to accept the grant of $1 , 320 , 577 from the Transportation Improvement Board, to establish a budget for same and to use the funds for the S . 196th Street Corridor project . DISCUSSION: C- ACTION: Council Agenda Item No. 4D DEPARTMENT OF PUBLIC WORKS August 3, 1998 TO: Public Works/Planning Committee FROM: Don Wickstrom RE: Transportation Improvement Board (TIB) Grant 192/196/200 Street Green River Bridge to West Valley Highway (SR 181) We have received a grant of S 1,320,577 from the TIB for the construction phase of the 196' Street Corridor project. We are requesting authorization for staff to accept the grant, establish a budget for S 1,320,577 and spend the funds on said project. Due to time constraints, this item has been placed on the August 4`f' Council agenda under Other Business. MOTION: Recommend authorizing staff to accept the grant, establish a budget for S 1,320,577 and authorizing spending the funds on the S. 196`h Street Corridor project. Transportation Improvement Account (TIA) M, Project Agreement for Construction Proposal Lead Agency City of Kent Project Number Authority Number 9P-106(002)-1 9135039P I Project Title& Description 192/1961200 Street Green River Bridge to West Valley Highway (SR 181) Total Amount Authorized Authorization to Proceed Effective From $1,320,577 July 14, 1998 i IN CONSIDERATION of the allocation by the Transportation Improvement Board of Transportation Improvement Account (TIA) funds to the project and in the amount set out above, the agency hereby agrees that as condition precedent to payment of any TIA funds allocated at any time to the above referenced project, it accepts and will comply with the terms of this agreement, including the terms and conditions set forth in RCW 47.26; the applicable rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation Improvement Board upon which the fund allocation was based; all of which are familiar to and within the knowledge of the agency and incorporated herein and made a part of this agreement, although not attached. The officer of the agency, by the signature below hereby certifies on behalf of the agency that local matching funds and other funds represented to be committed to the project will be available as necessary to implement the projected development of the project as set forth in the CONSTRUCTION PROSPECTUS, acknowledges that funds hereby authorized are for the development of the construction proposal as defined by Chapter 167, Laws of 1988. If the costs of the project exceed the amount of TIA funds authorized by the Transportation Improvement Board, set forth above, and the required local matching funds represented by the local agency to be committed to the project. the local agency will pay all additional costs necessary to complete the project as suomitted to the Board. This shall not prevent the local agency from requesting an increase in the amount of trust funds pursuant to applicable rules of the Board. Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RC'PJ 70.94. The lead agency certifies that the project meets all applicable Clean Air Act requirements. IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the Transportation Improvement Board hereby agrees to reimburse the agency from allocated TIA funds and not otherwise, for its reimbursable costs during the above referenced quarter year not to exceed the amount specified. Such obligation to reimburse TIA funds extends only to project costs incurred after the date of the Board's allocation of funds and authorization to proceed with the project. LEAD AGENCY TRANSPORTATION IMPROVEMENT BOARD Signature of MayonDnarrman Dare E.ecunve D'! tar Dare TIB Form 190-057 Revised 01197 ,................ ....................... CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS/PLANNING COMMITTEE E. PARKS COMMITTEE F. ADMINISTRATIVE REPORTS EXECUTIVE SESSION - (1) PROPERTY NEGOTIATIONS (2) LABOR NEGOTIATIONS (3) PENDING LITIGATION PUBLIC WORIC.S/PLANNING COMMITTEE MINUTES July 20, 1998 Present: Rico Yingling Tom Brotherton Leona Orr Don Wickstrom Jim Hams Absent: Tim Clark Annexation Policy & Strate�v Referring to a city map, Harris explained the boundaries of the annexations within the City noting the areas in Icing County that are potential city annexation areas. Harris explained that the one potential annexation area which is important to the city is approximately 3.5 sq. miles with a population of about 20,000. This would be the last bid annexation for Kent. Hams stated that we have 13 policy statements that Council adopted in April of 1998; prior to our annexing Del Mar or Meridian Valley County Club. The question for the Council would be, do you feel that these policies are current enough to handle what's left in the city; where and how should we modify them. Harris stated that at the next Committee meeting he would like to present a proposal of potential changes to these policy statements. He noted that Rico Yingling had submitted some questions to the staff. Upon Rico's concurrence, Harris read the questions and answers to the Committee, which were included in their packets. Hams suggested that this issue be brought back to the first meeting in September with the idea of taking action on this. He said we have had two "informational" meetings on this. Leona Orr suggested that it may be helpful to meet with the Finance Dept and other appropriate departments to get a report from them as to how we are doing with our level of service within these annexations; what impacts did the last two annexations have. She noted that before we push to annex another area with an approximate population of as much as 20,000 people, we have a clear understanding of exactly where we stand, based on the annexations we have just completed; also, the need for new employees, and look at the revenue potential for that area. Harris said we might have some additional information at the second Committee meeting in August. Leona Orr noted that a look at the overtime budget prior to the annexations as well as since the annexations, would be helpful. Leona asked if we are any closer to getting numbers from the County that talk about their numbers of potential population growth. Harris stated that we have been working with the County and have had to adjust our own numbers because of our annexations. Leona stated it would be helpful to have that information as well. In response to Leona, Harris said the next annexation would come into the city in sections. 32"d Avenue South Street Vacation Wickstrom said we have received a petition to vacate a portion of 32"d Avenue which is unopened right-of-way and by late, we have to act on that request and Council needs to set a date for a public hearing by resolution. Committee unanimously recommended adoption of a resolution setting a hearing date for the 32"a Avenue South Street Vacation. Water District #111 Easement Agreement Wickstrom explained that this is on the East Hill at 124'Ave SE in a small subdivision adjacent to Seven Oaks East, north of Kent I<angley. There is a portion of a tract which was deeded to us as part of the short plat which services our detention basin and now the district believes thev need an easement to run a waterline down that tract. Committee unanimously recommended authorization for the Mayor to sign the Easement Agreement with Water District #I I I situated within the plat of Seven Oaks Addition. Added item: LID Covenants Wickstrom - We have mitigation/LID agreements, which are expiring. In 1988 the legislature passed a law stating that LID agreements and commitments to LID agreements could only run for a period of 10 years. Prior to that, we had executed LID covenants for improvements of property owner frontage, and those covenants have run in perpetuity essentially. Some of those are still outstanding. We also have executed agreements regarding participation in the Corridor projects through SEPA where the property owner can either execute an agreement or do a traffic study and do all the improvements. Nearly 100% of them have chosen to execute a mitigation agreement and part of that agreement is the participation in an LID. That portion lapses since 1988. Right now we have mailed approximately 10 notices affecting 9 different developments; one has two streets. We are required to notify them that the time period is up; in case of an LID covenant they now have to improve the frontage they were hoping would be done by an LID. Where we have mitigation agreements, their 10 years are up and now they have to pay that cash plus inflation since the 1986 dollar. These 10 different developments which we sent notices to are due the end of August. In August we will send out another group which will be two months in advance of their due date. Wickstrom stated he wanted to advise Council since they'Arill probably be getting phone calls on this issue. He said we are obligated to carry through with them because we need to be able to show a track record that when we executed these agreements we expected them to be followed through. Wiclstrom gave a couple of scenarios to Rico Yingling for a clearer understanding of the process. Meeting adjourned: 4:10 p.m.