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CITY OF J,Q]J�J�v 1S
/ SUMMARY AGENDA
KENT Ci= COUNCIL MEETING
October 6 , 1998
�IFYFC'TF' Council Chambers
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. Introduction of Municipal Exchange Student Xu Jing
B. Introduction of Mayor's Appointees
C. Norway Sister Cities Update
D. Public Works Award - Green River Natural Resources Area
E. Employee of the Month-7YL6M 4-p /D/e70 dcj,4a 70,
F. Proclamation - Arts and Humanities MMonth Q
G. Proclamation - Head Injury Awareness Month
H. Proclamation - Fire Prevention Week
2. PUBLIC HEARINGS
None
3 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. Six Year Transportation Plan - Set Hearing Date
D. Surplus Vehicles - Authorization Fir OV1.0�12C
E. LID 340, 196/200 Corridor -Set Hearing Date —
F. S. 277th Condemnation Ordinance-21VQ Z
G. Alvin' s Pond Preliminary Plat - Set Meeting Date
H. Public Access Studio - Authorization to Set Regional Cities Meeting
I. Multi-Departmental Permit Process Study - Authorization
J. 1999 Operating and Capital Budget - Set Hearing Date
K. EDC Planning Jurisdiction Approval - Resolution-(51q
L. Truck Use on 92nd Avenue South - Direction to Administration
M. Green River Natural Resource Area Nursery - Acceptance
N. Sodium Fluoride Contract - Authorization
0. Stillwater Shadows Bill of Sale - Acceptance
P. Swan Vista 1 and 2 Bill of Sale - Acceptance
R. Lang Final Plat - Set Meeting Date pp� �� e�
R. Diversity Board Appointments - Confirmation- hWVF.d�/1E0'klawnCC�
S. Lodging Tax Advisory Committee Appointments - Confirmation
4 . OTHER BUSINESS
A. Kentview Planned Unit Development ,BROT}{E/QT?!A!
& AlVeRbEND GO4-F COURSE-AaaED By
5 . BIDS
A. Garrison Creek Reservoir Seismic Upgrade
B. 1998 Miscellaneous Water Main Improvements
6. CONTINUED COMMUNICATIONS
7 . REPORTS
EXECUTIVE SESSION - Property Acquisition
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) Introduction of Municipal Exchange Student Xu Jing
B) Introduction of Mayor ' s Appointees
C) Norway Sister Cities Update
D) Public Works Award - Green River Natural Resources Area
E) Employee of the Month
F) Proclamation - Arts and Humanities Month
G) Proclamation - Head Injury Awareness Month
H) Proclamation - Fire Prevention Week
//V1
CONSENT CALENDAR
3 . City Council Action:
Councilmember O moves, Councilmember /_ )/ n=(L
seconds that Consent Calendar Items A through S be approved.
Discussion `'I hD
Action
3A. _Approval of Minutes .
Approval of the minutes of the regular Council meeting of
September 15, 1998
33 . Approval of Bills .
Approval of payment of the bills received through September 15
and paid on September 15, after auditing by the Operations
Committee on September 15, 1998 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
9/15/98 205650-205886 $ 612 , 951 . 68
9/15/98 205887-2062 7 1 , 708 , 074 . 58
$2 , 321 , 026 . 26
Approval of checks issued for payroll for September 1 through
September 15 and paid on September 18 , 1998 :
Date Check Numbers Amount
9/18/98 Checks 230396-230711 $ 266 , 738 . 34
9/18/98 Advices 70340-70898 784 , 164 . 04
$1 , 050 , 902 . 38
Council Agenda
Item No . 3 A-B
Kent, Washington
September 15 , 1998
Regular meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor White . Present : Councilmembers Amodt,
Brotherton, Clark, Epperly, Orr, Woods and Yingling, Operations
Director/Chief of Staff McFall, City Attorney Lubovich, Public
Works Director Wickstrom, Planning Director Harris, Police Chief
Crawford, Finance Director Miller and Parks Director Hodgson.
Approximately 15 people were at the meeting .
PUBLIC Day of Carina. Mayor White read a proclamation
COMMUNICATIONS noting that the Day of Caring sponsored by United
Way of King County will target 45 to 50 projects
in the South County area involving more than 600
volunteers , and proclaimed September 25 , 1998 as
Day of Caring in the City of Kent . He encouraged
all citizens to experience the joy and satisfac-
tion of volunteering their time and efforts to a
worthwhile project . The proclamation was pre-
sented to Police Chief Crawford, who thanked the
Mayor and Council for their support and explained
that this year ' s project is to help Kent Youth and
Family Services put up playground equipment for
some of the Head Start/ECAP programs .
Day of Concern For The Hungry. The Mayor stated
that the City recognizes adequate nutrition as a
basic right for each citizen and commits both
General Fund and Block Grant dollars to fund
emergency food programs , and that the Seattle
Emergency Feed Program has sought to provide
balanced, nutritious meals to the hungry for many
years . He proclaimed September 26 , 1998 as Day of
Concern For The Hungry and encouraged all citizens
to join with the Seattle Emergency Feeding Program
to feed those who are hungry.
Constitution Week. Mayor White read a proclama-
tion declaring the week of September 17-23 , 1998
as Constitution Week, and noted that the two
hundred eleventh anniversary of the signing of the
Constitution provides an historic opportunity for
all Americans to remember the achievements of the
Framers of the Constitution and the rights,
privileges and responsibilities it affords . He
presented the proclamation to Elizabeth Walker of
1
Kent City Council Minutes September 15 , 1998
PUBLIC the Lakota Chapter of the National Society of the
COMMUNICATIONS Daughters of the American Revolution, who thanked
the Mayor and Council for their support .
1998 WCMA Award For Excellence. Mayor White
announced that Operations Director Brent McFall
has been awarded the 1998 WCMA Award For
Excellence . He explained that the award is
given by the Washington City/County Management
Association. McFall accepted the award and said
it is especially meaningful to be recognized by
his peers for his work on behalf of the City of
Kent . The Mayor said the City is honored to have
someone of McFall ' s caliber with the organization.
CONSENT ORR MOVED that Consent Calendar Items A through
CALENDAR J, with the exception of Item E, be approved.
Woods seconded and the motion carried unanimously.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Apvroval of Minutes . APPROVAL of the minutes of
the regular Council meeting of September 1 , 1998 .
HEALTH & (CONSENT CALENDAR - ITEM 3F)
SANITATION Raschke Short Plat. ACCEPTANCE of the Bill of
Sale for Raschke Short Plat submitted by VSC
Industries, Inc . for continuous operation and
maintenance of 356 feet of sanitary sewer, 243
feet of street improvements and 78 feet of storm
sewer and, release of bonds after the expiration
period, as recommended by the Public Works
Director. The project is in the vicinity of
93rd Avenue South & South 221st Street .
(CONSENT CALENDAR - ITEM 3G)
Wellington Townhomes Phase One. ACCEPTANCE of
the Bill of Sale for Wellington Townhomes Phase
One submitted by Benjamin Homes , Inc . for
continuous operation and maintenance of 645 feet
of sanitary sewer and release of bonds after the
expiration period, as recommended by the Public
Works Director. The project is in the vicinity of
South 236th Street & 63rd Avenue South.
2
Kent City Council Minutes September 15, 1998
WATER (BIDS - ITEM 5A)
125, 000 Gallon Water Tank Improvements . The bid
opening for this project was held on September 9th
with three bids received. The apparent low bid
was submitted by Fraser, Inc . in the amount of
$216 , 636 . 99 . The Engineer' s estimate was
$158 , 013 . 00 . The Public Works Director recom-
mends that this contract be awarded to Fraser,
Inc .
CLARK MOVED that the 125 , 000 Gallon Water Tank
Improvements contract be awarded to Fraser, Inc .
for the bid amount of $216, 636 . 99 . Epperly
seconded and the motion carried.
STREETS (CONSENT CALENDAR - ITEM 3I)
6th Avenue North Improvements . ACCEPT the 6th
Avenue North Street Improvements contract as
complete and release retainage to Ohana Nursery
upon standard releases from the State and release
of any liens, as recommended by the Public Works
Director. The original contract amount was
$47 , 321 . 75 The final construction cost was
$51, 345 . 74 .
(BIDS - ITEM 53)
S . 200th Street Improvements - Orillia to Green
River. The bid opening for this project was held
on September 11, 1998 . Public Works Director
Wickstrom noted that six bids were received, and
the low bidder was Scarsella Bros . in the amount
of $3 , 242 , 543 . 00 . He added that the Engineer' s
estimate was $3 , 903 , 297 . 00 , and recommended that
the contract be awarded to Scarsella Bros . CLARK
MOVED that the S . 200th Street Improvements -
Orillia to Green River contract be awarded to
Scarsella Bros . for the bid amount of
$3 , 242 , 543 . 00 . Brotherton seconded and the
motion carried.
TRAFFIC (CONSENT CALENDAR - ITEM 3J)
CONTROL Interurban Trail Signals . ACCEPTANCE of an
amendment to the Interurban Trail Signals contract
in the amount of $3 , 001 . 52 , as recommended by the
3
Kent City Council Minutes September 15 , 1998
TRAFFIC Public Works Director. Council accepted the
CONTROL contract in the amount of $100 , 679 . 50 as complete,
as recommended by the Public Works Director on
July 7 , 1998 . Since that acceptance, additional
invoicing has been received in the amount of
$3 , 001 . 52 against this project .
STREET (PUBLIC HEARINGS - ITEM 2A)
VACATION 32nd Avenue South Street Vacation STV-98-2 .
Resolution 1510 established this date for a public
hearing on an application from Doug and Ronda
Mitch to vacate a portion of 32nd Avenue South
right-of-way located east of 30th Avenue South.
Planning Director Harris pointed out the location
on a map and noted that the area is not open and
has never been used as a street . He said the
staff recommendation is for approval with the
following conditions : 1) the City of Kent shall
be compensated for the value of the right-cf-way
in accordance with applicable state law, and 2)
the City of Kent shall retain the right to grant
utility easement (s) to any public and/or private
utility which presently has facilities within the
right-of-way proposed to be vacated. Clark noted
that the area is next to the freeway overhang and
asked about liability if plant growth becomes a
hazard. Lubovich said there is no significant
exposure unless the City is aware of some activity
or hazard that should be taken care of .
The Mayor opened the public hearing . Doug Mitch,
23442 30th Avenue South, owner and applicant ,
explained that he had recently learned that people
were camping in the area and were accessing it
primarily from the bus stop near the southbound
ramp of I-5 from Kent-Des Moines Road. He noted
that one of the campers had stabbed another re-
cently, and that media coverage of the incident
resulted in a large traffic problem. He said
residents have worked with the Police Department
and DOT to get the area cleaned up and more
secure . Mitch said he plans to develop his
4
Kent City Council Minutes September 15 , 1998
STREET property eventually, but his primary concern is
VACATION security. He noted that there is a fence along
DOT right-of-way but that people have cut holes in
it to gain access to private property, and pointed
out that the wooded area provides a place to hide.
He noted that the Midway Sewer District owns an
existing sewer which terminates in the right-of-
way area, and that he has agreed to give them an
extension easement beyond the right-of-way area
into the next parcel . He urged the Council to
approve the request, and noted for Amodt that he
and the other petitioners agree with the condi-
tions . He explained that the property would be
split among the five petitioners and said they are
aware that there may be costs in the future .
There were no further comments from the audience
and ORR MOVED to close the public hearing. Woods
seconded and the motion carried.
CLARK MOVED to approve the Planning Director ' s
recommendation of approval with conditions of the
M application to vacate a portion of 32nd Avenue
South right-of-way east of 30th Avenue South, as
referenced in Resolution No. 1510 , and to direct
the City Attorney to prepare the necessary ordi-
nance upon compliance with the conditions of
approval . Epperly seconded and the motion
carried.
PUBLIC WORKS (CONSENT CALENDAR - ITEM 3H)
Green River Nursery Classroom/Office Workroom.
ACCEPT the Green River Nursery Classroom/Office
Workroom contract as complete and release
retainage to 21st Century Builders upon standard
releases from the State and release of any liens,
as recommended by the Public Works Director. The
original contract amount was $84 , 768 . 82 . The
final construction cost was $89, 936 . 97 .
5
Kent City Council Minutes September 15, 1998
COUNCIL (OTHER BUSINESS - ITEM 43)
(FORMERLY CONSENT CALENDAR - ITEM 3E)
(REMOVED AT THE REQUEST OF COUNCIL
PRESIDENT ORR)
Comvensation of Councilmembers . The proposed
ordinance would eliminate the cost of living
adjustments to Councilmember salaries . Upon Orr ' s
question, Lubovich stated that the last sentence
in Section A, which states "This additional salary
shall not be subject to Consumer Price Index
adjustments as set forth herein" , should be elimi-
nated. ORR MOVED to adopt Ordinance No . 3421 as
amended. Woods seconded and the motion carried.
POLICE DEPT. (CONSENT CALENDAR - ITEM 3C)
Jail Services Contract Renewal, City Of Des
Moines. RENEWAL of the contract for jail services
with the City of Des Moines, as recommended by the
Public Safety Committee . This is a standard out-
side agency contract , which will take effect
September 1998 , and shall supersede and terminate
any other facility use agreement or contract
existing between the City of Kent and the City of
Des Moines . This contract shall be in effect
through 1998 and automatically renew from year to
year unless other modified or terminated as pro-
vided in the contract . This contract may be
terminated upon 60 days written notice from the
party desiring termination.
(CONSENT CALENDAR - ITEM 3D)
Counterfeit Or False Trademarks . ADOPTION of
Ordinance No . 3419 relating to counterfeit or
false trademarks and declaring a public emergency
necessary for the protection of public health,
safety and welfare .
PARKS & (BIDS - ITEM 5C)
RECREATION Senior Center Exterior Painting. Two written
quotes were received to paint the exterior of the
Senior Center. Halcyon Painting was low at
$36 , 980 . WOODS MOVED to award the contract to
6
Kent City Council Minutes September 15 , 1998
PARKS & paint the exterior of the Senior Center to Halcyon
RECREATION Painting for $36, 980, plus applicable Washington
State sales tax. Epperly seconded and the motion
carried.
FINANCE (CONSENT CALENDAR - ITEM 313)
Approval of Bills . APPROVAL of payment of the
bills received through August 31 and paid on
August 31 , after auditing by the Operations
Committee on September 1 , 1998 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
8/31/98 204953-205186 $ 278 , 998 . 58
8/31/98 205187-205649 2 , 284 , 625 . 06
$2 , 563 , 623 . 64
Approval of checks issued for pavroll for
August 16 through August 31 and paid on
September 4 , 1998 :
Date Check Numbers Amount
9/4/98 Checks 230057-230395 $ 270 , 446 .44
9/4/98 Advices 69776-70339 758 , 664 . 17
$1, 029, 110 . 61
(OTHER BUSINESS - ITEM 4A)
(FORMERLY CONSENT CALENDAR ITEM 3K)
(REMOVED AT THE REQUEST OF COUNCILMEMBER AMODT)
Real Estate Excise Tax. The proposed ordinance
would make corrective amendments to Ordinance
No . 3418 to reference appropriate statutory
authority and to establish November 1 , 1998 as the
effective date of the excise tax. Amodt noted
that she had voted nay on this issue at the last
Council meeting, and that she voted nay on the
proposed ordinance at the Operations Committee
meeting today so that it would again come to the
Council for a vote .
Lubovich explained that the proposed ordinance is
strictly technical in nature, and that it would
7
Kent City Council Minutes September 15 , 1998
FINANCE clarify the effective date of the assessments
and correct an error in the statutory provision.
WOODS MOVED to adopt Ordinance No. 3420 .
Brotherton seconded and the motion carried, with
Amodt opposed.
REPORTS Council President. Orr invited everyone to
attend a Ribbon Cutting Ceremony at 5 : 00 p .m. on
October 5th at the Green River Natural Resource
Area. She said this is an exciting project which
has been in the works for many years .
Public Works/Planning. Clark stated that the
Committee will meet on September 21st at 3 : 30 p .m.
ADJOURNMENT The meeting adjourned at 7 : 30 p .m.
Brenda Ja ob r, CMC
City Cle
8
,. ........, ...............
Kent City Council Meeting
Date October 6 , 1998_
Category Consent Calendar
1 . SUBJECT: SIX YEAR TRANSPORTATION PLAN - SET HEARING DATE
2 . SUMMARY STATEMENT: As recommended by the Public
Works/Planning Committee, set October 20th as the Public
Hearing date for the Six Year Transportation Improvement and to
adopt the ordinance reflecting same .
3 . EXHIBITS : Public Works/Planning Committee minutes
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:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No . 3C
PUBLIC WORKS COMMITTEE MEETING MINUTES
_. SEPTEMBER 14, 1998
COMMITTEE MEMBERS PRESENT: Tim Clark, Chair, Rico Yingling
STAFF PRESENT: Don Wickstrom, Barbara Ekstrom, Ed White, Joe Mitchell, Fred
Satterstrom, Tom Brubaker, Jackie Bicknell
PUBLIC PRESENT: Linda Johnson
Chair, Tim Clark, called the meeting to order at 3:40 PM.
Neighborhood Traffic Control Program Manager Introduction
Public Works Director, Don Wickstrom, introduced Joe Mitchell, the new Neighborhood
Traffic Control Manager. Mr. Mitchell has been a resident of Washington since 1975,
has a Bachelor's Degree in Communications and Public Relations from Eastern
Washington University, and currently is studying for his Master's Degree in Public
Administration at the University of Washington. He has 12 years in government
experience at the State level. Mr. Mitchell was welcomed to City Administration by the
Committee.
Pedestrian Crossing—Kent Kangley/ 132°d Ave. SE
Don Wickstrom reminded the Committee that this issue was brought up at the last
meeting by Committee Member, Tom Brotherton. Since that time, the State has
contacted the City about a safety project, which looks at accidents at the Kent
w Kangley/132"d Ave. SE location. The State did not say whether the accidents were
pedestrian or vehicle related. Because this is a local issue, there is a question of who
pays for the project. Kent Kanglev is a State route within the City and the City is
responsible for everything except pavement and maintenance. Committee Member, Tim
Clark, questioned whether the potential outcome could be a change of signalization of the
light at that intersection and whether the state would pick up any of the cost of new
signals. Mr. Wickstrom said the City would want to take advantage if the State was
willing to pay. He said he would try to schedule a meeting with the state to discuss the
project.
Six Year Transportation Plan
Don Wickstrom informed the Committee that the Six-Year Transportation Plan is really
the old plan with notes added, as there has not been time to update it. The Plan has to
have a hearing before the Council and going on the consent calendar for the Council
meeting of Sept. 15, 1998 would give a hearing on the first Council meeting in October.
There must be a hearing so the City can go to Olympia and to the Regional Puget Sound
Governmental Conference to apply for a grant. If the application is not in on time, it
won't be grant eligible for this next coming year for any projects.
Mr. Wickstrom said he wants to meet individually with Committee Member, Tom
Brotherton, to go over some concerns Mr. Brotherton had. The next Public Works
Committee should have the plan refined and will meet before the actual hearing date so
that gives some time to work on the issues. Committee Chair. Tim Clark, added that this
is very serious money and part of the Growth Management Act requires it to be on the
book. Also State funding is tied to it.
Committee Member, Rico Yingling, asked for clarification of whether most of the
projects had already received funding. Mr. Wickstrom replied that they had, and
included the ones Tom Brotherton was concerned about. The HOV projects are already
funded with a grant. Pacific Highway is actually a five agency project which was started
in Tukwila, switched to Sea Tac, then Des Moines, then Kent, and then Federal Way. It
is part of a major corridor for which all the cities. including the state, have submitted
applications for federal funding. Only pieces are being done now, but grants have been
given for all the way down to 216`h. Kent has already received $2.8 million in federal
funds for that project. Mr. Brotherton also referenced 256`s which was originally a
county project and for which the City received a T.I.B. grant. He referenced 240t' which
is a project already under construction.
Tim Clark asked when the widening on 256`h was due to start. Mr. Wickstrom responded
that the Department is going through a scoping change with the state agency. After a
value engineering study based on transportation and trip numbers projected for the next
20 years, what was originally a five-lane project, was changed to a three-lane facility.
The City has asked the state for a$2.5 million grant to approve a scope change to reduce
the project to that level. If the State gives the grant, the City will aim for construction in
1999. Rico Yingling asked if the Department had looked at peak traffic loads or average
loads. Mr. Wickstrom replied that they had looked at both peak and daily average loads.
Tim Clark asked for a dedicated time line and a dedicated list of projects. He requested
that those projects that are still looking for attached money and which are likely to be
funded and underway in the next two years be listed by the next meeting. Mr. Clark also
asked that those projects that have already been identified need to be categorized
separately so the public can see they are part of the plan, but already have money
attached to them. Rico Yingling asked if there was a table of projects showing where the
funding comes from along with a summary. Don Wickstrom replied that the Capital
Facilities Plan, which was prepared for the budget, would show that information.
Mr. Yingling asked if the Central and James Street improvement was to improve traffic
coming off of 167 during rush hour traffic. Mr. Wickstrom answered that there would be
limited improvement involving a right turn lane from the north. He said that the
228t'/East Leg Corridor, which is farther out than the 6-year horizon, would be the one
that would really ease James St. and Central Ave. Mr. Yingling asked if there was any
chance to push that project up even though not in the 6 year plan. Mr. Wickstrom replied
that the East and West leg corridors are unlikely to be grant type eligible projects and so
funding would be the problem.
Rico Yingling asked if there were any changes because of Boeing. Mr. Wickstrom
replied that he did not know what was going to happen at the Space Center site. Mr.
Yingling asked about North-South traffic flow improvements on East Hill. Don
Wickstrom replied that there was only one, Benson Highway, which is a state route, and
there were no plans to do any more, but that eventually the City would be doing 116th
from 256`h down to Kent Kangley. The next project is 132"d of which there are pieces in
the 6-year Plan. The County is improving Petrovitsky to SR169.
Committee Member, Rico Yingling, moved to recommend authorization to set
October 201h as the Public Hearing date for the Six Year Transportation
Improvement Plan and authorization to adopt the Ordinance reflecting same. The
motion was seconded and carried.
Chair, Tim Clark, requested that there be an overlay of the principle arterioles at the
public hearing so they can be discussed. He said he would like an overlay that helps
identify some of the major projects. Don Wickstrom said he would furnish a map that is
color-coded that shows the years, where the projects are, and how they are numbered.
Mr. Clark clarified that he would like only a breakdown for the next two years. Rico
Yingling asked for information about the commuter lanes and whether they actually help
traffic flow or whether they actually hinder traffic flow.
Surplus Vehicles—Authorization
Don Wickstrom informed the Committee that this was a list of equipment and vehicles
from the equipment rental division that were determined to be no longer needed by the
City based on a rating system that had been established. Committee Member, Rico
Yingling, made a motion to have authorization to declare this equipment as surplus
and authorize the sale thereof at the neat public auction. The motion was seconded
and passed.
Green River Nursery Site—Acceptance
Don Wickstrom said that work had been completed on the Green River Nursery site at
28% over budget, primarily because material was bad and in constructing the parking lot
they had to use a lot of import which ran the costs up. They also ran into septic tanks and
other usual things, as there had been no record of what was there. Tim Clark asked if it
was a City site. Mr. Wickstrom replied that it is the nursery for the lagoon facility to
grow the wetland plants. Over half a million dollars was spent in contract planning and
the nursery was planned in order to meet the Corps permit and to help grow the plants
there. The City is using youth and volunteers to help with the nursery. Rico Yingling
made the motion to accept as complete the Green River Nursery Site project. The
motion was seconded and carried.
Code Amendment in the Downtown Commercial Zone
Fred Satterstrom from the Planning Department passed out to the Committee copies of a
proposed regulatory review. He said the review is a way in which citizens can come
forward and suggest amendments to the zoning code. In this case, Linda Johnson from
the Kent Downtown Partnership had come forward and proposed an amendment to the
Downtown Commercial DC Zone. Mr. Satterstrom said that the role of the committee
was to listen to the proposal and decide whether it had merit to send it to the Land Use
and Planning Board. That Board would actually do the review and give alternatives if
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: SURPLUS VEHICLES - AUTHORIZATION
2 . SUMMARY STATEMENT: As recommended by the Public
Works/Planning Committee, declare certain City vehicles and
equipment which are no longer needed or cost effective as
surplus and sell at the next public auction.
3 . EXHIBITS: Public Works/Planning Committee minutes and Public
Works Director memorandum
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:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3D
there were no plans to do any more, but that eventually the City would be doing 116ffi
from 256`h down to Kent Kangley. The next project is 132"d of which there are pieces in
the 6-year Plan. The County is improving Petrovitsky to SR169.
Committee Member, Rico Yingling, moved to recommend authorization to set
October 20`h as the Public Hearing date for the Six Year Transportation
Improvement Plan and authorization to adopt the Ordinance reflecting same. The
motion was seconded and carried.
Chair, Tim Clark, requested that there be an overlay of the principle arterioles at the
public hearing so they can be discussed. He said he would like an overlay that helps
identify some of the major projects. Don Wickstrom said he would famish a map that is
color-coded that shows the years, where the projects are, and how they are numbered.
Mr. Clark clarified that he would like only a breakdown for the next two years. Rico
Yingling asked for information about the commuter lanes and whether they actually help
traffic flow or whether they actually hinder traffic flow.
Suralus Vehicles—Authorization
Don Wickstrom informed the Committee that this was a list of equipment and vehicles
from the equipment rental division that were determined to be no longer needed by the
City based on a rating system that had been established. Committee Member,Rico
Yingling, made a motion to have authorization to declare this equipment as surplus
and authorize the sale thereof at the next public auction. The motion was seconded
and passed.
Green River Nursery Site—Acceptance
Don Wickstrom said that work had been completed on the Green River Nursery site at
28% over budget, primarily because material was bad and in constructing the parking lot
they had to use a lot of import which ran the costs up. They also ran into septic tanks and
other usual things, as there had been no record of what was there. Tim Clark asked if it
was a City site. Mr. Wickstrom replied that it is the nursery for the lagoon facility to
grow the wetland plants. Over half a million dollars was spent in contract planning and
the nursery was planned in order to meet the Corps permit and to help grow the plants
there. The City is using youth and volunteers to help with the nursery. Rico Yingling
made the motion to accept as complete the Green River Nursery Site project. The
motion was seconded and carried.
Code Amendment in the Downtown Commercial Zone
Fred Satterstrom from the Planning Department passed out to the Committee copies of a
proposed regulatory review. He said the review is a way in which citizens can come
forward and suggest amendments to the zoning code. In this case, Linda Johnson from
the Kent Downtown Partnership had come forward and proposed an amendment to the
Downtown Commercial DC Zone. Mr. Satterstrom said that the role of the committee
was to listen to the proposal and decide whether it had merit to send it to the Land Use
and Planning Board. That Board would actually do the review and give alternatives if
DEPARTMENT OF PUBLIC WORKS
September 14, 1998 Y
TO: Public Works/Planning Committee
FROM: Don Wickstrom
RE: Surplus Vehicles - Authorization
Attached is a list of Equipment Rental vehicles Nvhich are no longer needed by the
Citv. As such, we are requesting that they be declared as surplus and sold at the next
public auction.
MOTION: Authorization to declare this equipment as surplus and authorize the
sale thereof at the next public auction.
Public Works Operarions
MEMORAND U311
Phone: 859-3395 Fax: 859-3664
August 20, 1998
To: Don Wickstrom, Public Works Director
l
From: Steve Hennessey Superintendent
Thru: Eddy Chu. Operations Manager
Subject: Surplus Vehicle Authorization Request
I am requesting authorization to surplus the following vehicles and equipment that have
been replaced with the 98 purchases and are no longer needed or cost effective to keep in
service.
All of these vehicles and equipment except #6529 meet Fleet Services replacement point
system and have been life cycled out. Early replacement of Unit 4,6529 was approved in
the 98 budget because of extremely high maintenance costs and unreliable service.
These units will be sold to the highest bidder at he next Public Auction.
VEHICLES
-nit# Yr. Serial# Mileage Description
87213 87 303986 124,000 Dodge B-350 Maxi Van
EQUIPMENT
-nit Y.L. Serial # Milea,e Descri t� ion
6529 90 411738 NA Ford Tractor Loader
6557 93 170593 NA Articulator Mower
6558 93 180593 NA Articulator Mower
6561 88 81921 NA Reel Mower
6562 88 81929 NA Reel Mower
8 744 64 41E281 NA Tilt Bed Trailer
Parks 80 H80223 NA 34' Box Trailer
cc: John Hodgson
Dianne Sullivan
Bill Price
Frank Olson
............
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: LID 340 , 196/200 CORRIDOR - SET HEARING DATE
2 . SUMMARY STATEMENT: Direct the Kent City Council Public
Works Committee to hold and conduct the public hearing on the
final assessment roll for LID 340 and set November 16,
3 : 30 p.m. , as the LID 340 Final Assessment Roll public hearing
date .;;,
3 . EXHIBITS: None
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No . 3E
w ......
�e
Kent City Council Meeting
Date October 6 . 1998
Category Consent Calendar
1 . SUBJECT: S . 277TH CONDEMNATION ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No. authori-
zing condemnation by eminent domain proceedings for property
necessary for construction of the 277th Corridor.
3 . EXHIBITS : Ordinance, Public Works Committee minutes
(12/3/97) and Public Works Director memorandum
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:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3F
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington,
providing for the acquisition of certain properties and/or
property rights in order to construct, extend, widen,
improve, alter,maintain and reconstruct the City's Southeast
277th Street Corridor between the Corridor's eastern
terminus(at the intersection of 116th Avenue Southeast and
the Kent Kangley Road (SR 516)) and the Green River;
providing for the condemnation, appropriation, taking and
damaging of such property rights as are necessary for that
purpose;providing for the payment thereof out of the 272nd
Corridor Project Fund (Fund R-87); and directing the City
Attorney to prosecute the appropriate legal proceedings,
together with the authority to enter into settlements,
stipulations or other agreements; all of said property located
within King County, Washington.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
ORDAINS AS FOLLOWS:
SECTION 1. After hearing the report of City staff, and after reviewing the
planned improvements for the Southeast 277th Street Corridor Project (the "Project"), the
City Council finds and declares that the public convenience, use, health, safety and
necessity demand that the City of Kent condemn, appropriate, take and damage all or
portions of certain real properties located in King County, Washington, in order to acquire
the necessary property and/or property rights for the construction of the Project, including
all necessary appurtenances. These properties are legally described in Exhibits A through
G, attached and incorporated by this reference (the "Properties"). The purposes for which
_. 1
this condemnation is authorized shall include, without limitation, all acts necessary to
complete the construction, extension, improvement, widening, alteration, maintenance an
reconstruction of the Project, including improvements for drainage, curbs and gutters,
sidewalks, bicycle paths, landscaping, illumination, signal improvements, electrical
facilities, utilities, utility adjustments and relocations, and any other street or municipal
purposes that may become necessary from time to time on the Properties.
SECTION 2. The City authorizes the acquisition by condemnation of all
or a part of the Properties for the construction, extension, improvement, widening,
alteration,maintenance and reconstruction of the Project, including acquisition of property
and/or property rights, together with all necessary appurtenances and related work to make
a complete improvement according to City standards.
SECTION 3. The City shall condemn the Properties only after just
compensation has first been made or paid into court for the owner or owners in the manner
prescribed by law.
SECTION 4. The City shall pay for the entire cost of the acquisition by
condemnation provided for in this ordinance through the City's "272nd Street Corridor
Project" fund(Fund R-87) or from any of the City's general funds, if necessary, as may be
provided by law.
SECTION S. The City authorizes and directs the City Attorney to
commence those proceedings provided by law that are necessary to condemn the Properties.
In commencing these condemnation procedures, the City Council authorizes the City
Attorney to enter into settlements, stipulations or agreements in order to minimize
damages, which settlements, stipulations or agreements may include, but not be limited to,
the amount of just compensation to be paid, the size and dimensions of the property
2
condemned, and the acquisition of temporary construction easements and other property
interests.
SECTION 6. Any acts consistent with the authority and prior to the
effective date of this ordinance are ratified and confirmed.
SECTION 7. The provisions of this ordinance are declared to be separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or
portion of this ordinance, or the invalidity of the application thereof to any person or
circumstances shall not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
SECTION 8. This ordinance, being the exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect
and be in force five (5) days after publication as approved by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
3
PASSED the day of , 1998.
APPROVED the_day of , 1998.
PUBLISHED the_day of 1998.
I hereby certify that this is a trite and correct copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the Mayor
of the City of Kent as hereon indicated.
BRENDA JACOBER, CITY CLERK
P:V.AWNORDRUNCTONDEM05177
4
ZI
202185 1 .
- South half of north 4 acres -of- north half of southeast quarter ofnortheast quarter of southeast quarter of Section 29, Township 22
North, Range 5 East,_W.M. in King .County,- Washington: ---- -
EXCEPT County Road. e .
EXHIBIT-L
282241-Za
That portion of the southeast quarter of the northeast quarter of
Section 29, Township 22 North, Range 5 East, W.M. , . in King -County,
Washington, described as follows : - -
Beginning at a point on the east line of said section where the
south margin of the right-of-way._for County Road No. 173 crosses the
east line of said section;
thence south along the east line of--said Section 29, to the
southeast corner of the northeast auarter of said-Section _29;_,
thence west along the south line of the northeastquarter of said
Section 29, a distance of 33 .15 rods;
thence north a distance of 56 .575 rods, more or less, to the south.
margin of said County Road No. 173;
thence southeasterly along said line of said County Road margin, to
the point of beginning;
EXCEPT the west 3 acres thereof;
AND EXCEPT the north 290 feet of the south 419 feet of the east
150 feet thereof;
AJND EXCEPT that portion thereof described as the northerly -20 feet
in width of the east 261.61 feet of that portion of the southeast
quarter of the northeast quarter of said Section 29, lying southerly
of SSH No. SA and as measured along said SSH No. SA as conveyed to
King County for road by deed recorded under Recording Number 6108247;
AND EXCEPT that portion thereof condemned for Kent-Kangley Highway
(SRS 16) under icing County Superior Court Cause Number 79-2-05251-5 ;
AND EXCEPT the east 30 feet thereof as conveyed to King County by
deeds recorded under Recordina Numbers 8703110457 and 9104250382 .
EXHIBIT L
282243
The east 30 feet of the' south .75 feet of the north 215 feet of the
south 419 feet of the east 150 feet of the southeast quarter of the
northeast quarter of Section 29, Township 22 North, Rance 5 East,
W.K. , in King County, Washington;
EXCEPT the east 25 feet thereof_ conveyed to King County- by Warranty
- Deed Recorded December 23, 1991 under King County Recording
Number 9112231852 .
EXHIBIT
202187
Lot A, King County Short Plat Number 475049; recorded under .-_ _
Recording .Number 7604210673, said _Short Plat being a subdivision of
the southwest quarter-of the- northwest quarter of the southwest
quarter of Section 28;--Township 22_ North, Range 5 _East, W.M. ,"_in . .
King County, Washington.
EXHIBIT
Lot 2, King County short Plat Number 279081-1 recorded under King
County Recording Number 8006130567; said Short Plat being a portion
of the northeast quarter of the northeast quarter of Section 32,
Township 22 North, Range 5 East, W.M. , in King County, Washington.
EXHIBIT C
203525 -�F1
Lot 1, King County Short PlatNo.-279080, according to -the Short
Plat recorded under Recording Number 8006130568, being .a portion of
the following described property:
The southeast quarter of the northwest quarter of the northeast -
quarter of Section 32, Township 22 _North, Range 5 East,.= W.M;;,
King County, Washington;
EXCEPT the north 20 feet thereof for Southeast 274th Street;
TOGETHER WITH a non-exclusive -easement for ingress, egress and
utilities over that portion of Lots 1, 2, 3 and 4 of said Shor`. .Plat
being designated on the face of said Short Plat asTract "X" ;
-EXCEPT portion thereof lying within the herein described main Bract.
EXHIBIT F
No. 202189—2-`f-
That portion of the southwest quarter of the northwest quarter of
Section 28, Township 22 North,. Range 5 East, W.M. , in King County, .
--- - -- --- ---- -- - - -- --
Washington, described as. follows: --
Beginning at the intersection of the section line._.between
Sections 28 and 29, said Township and Range, with the centerline of
the Kent-Black Diamond Road, * known as County Road-Number 173;
thence in a southeasterly .direction along the__center__of _.said__road a
distance of 290 feet; oint-:on -the-south
thence southwesterly 525 feet, more .or . less, :-to- a p
line of said southwest quarter of the northwest quarter of said
Section 28, which point is 155 feet east of said section line;
thence west along said south line to the west line of said section;
thence north to the point of beginning;
EXCEPT County Roads;
AND EXCEPT that portion thereof condemned in King County Superior
Court Cause Number 79-2-05602-2 for State Highway Number SRdeed
AND EXCEPT that portion thereof conveyed to. King County by
recorded under Recording Number 9103281199.
EXHIBIT G
PUBLIC WORKS COMMITTEE
December 3, 1997
PRESENT: Tim Clark Don Wickstrom
Connie Epperly Tom Brubaker
ABSENT: Judy Woods
277th Street Corridor - Condemnation Ordinance
Brubaker stated that we are moving forward with construction on the S. 277th Street
Corridor project and we are at a point now where, in the next few months, we will be
narrowing down the last few parcels of property we need to purchase to complete the
Corridor project on the East Hill. There is just a handful of properties that we have yet
been able to obtain right-of-way in order to construct this project. Brubaker explained
that this is a condemnation ordinance and gives us the authority to condemn that
property. We are not ready to move forward to Council with this ordinance, however
we are asking for Committee approval at this time. It is still our desire to negotiate with
these property owners and avoid litigation. Brubaker did ask for authority to submit to
Council the condemnation ordinance to begin condemnation proceedings on these few
remaining properties if we find our negotiations break down.
In response to Clark, Brubaker noted that Parcel #10 is the Kiefer property. He said
that some of these parcels we still have yet to receive an appraisal; once we have obtained
an appraisal we will talk with them directly and hopefully negotiate a settlement in lieu
of condemnation. However, the condemnation process is slightly time-consuming and
the real purpose for Committee approval at this time is to simply shorten the time frame
for the entire procedure that we have to go thru once we hit a "point of no return" where
we either have to purchase by negotiation or condemn. Brubaker said he is just trying
to shorten that process so the City can move quicker in the Spring when that time
comes. Brubaker stated that this ordinance will not go forward to Council until sometime
in January possibly February.
Committee unanimously recommended adoption of an ordinance authorizing
condemnation proceedings on those properties along the S. 277th Street Corridor should
negotiations fail.
DEPARTMENT OF PUBLIC WORKS
December 3, 1997
TO: Public Works Committee
FROM: Don Wickstrom
RE: S. 277th Street Corridor - Condemnation Ordinance
We have prepared a draft Ordinance which provides the authority for the acquisition of
certain properties along the 277th Street Corridor between 116th Avenue SE &-Kent
Kangley Road and, the Green River.
At this time, we are requesting authorization to move forward with condemnation
eminent domain proceedings, should our negotiations fail.
ACTION: Recommend adoption of Ordinance # authorizing condemnation
proceedings on those properties along the S. 277th Street Corridor, should
negotiations fail.
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: ALVIN' S POND PRELIMINARY PLAT - SET MEETING DATE
2 . SUMMARY STATEMENT: Set October 20 , 1998 , as the date for a
public meeting to consider the Hearing Examiner ' s recommenda-
tion of approval with conditions for preliminary plat
application of Alvin ' s Pond Preliminary Plat SU-97-3 by Poe
Engineering, Inc .
3 . EXHIBITS : None
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 seconds
DISCUSSION:
ACTION:
Council Agenda
Item No . 3G
. .............._.
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: PUBLIC ACCESS STUDIO - AUTHORIZATION TO SET
REGIONAL CITIES MEETING
2 . SUMMARY STATEMENT: Authorization for Administration to
establish a meeting with representatives of the cities of
Renton, Tukwila and Auburn, as well as other interested South
King County jurisdictions and including public policy
makers/public officials, to discuss policies and approaches
regarding the creation of a regional Public Access Facility.
3 . EXHIBITS: Franchise agreement
4 . RECOMMENDED BY: Public Works Committee (9/14/98)
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No . 3H
AGREEMENT BETWEEN TCI CABLEVISION OF WASHINGTON, INC.
AND THE CITY OF KENT
REGARDING EXTENSION OF CERTAIN FRANCHISE PROVISIONS
THIS AGREEMENT regarding extension of certain franchise provisions is entered into
between the Citv of Kent, a Washington Municipal Corporation ("City"), and TCI Cablevision of
Washington. Inc., a Washington corporation ("TCI").
RECITALS
WHEREAS. TCI and the City entered into a franchise agreement, through Citv Ordinance
No. 3108. on Mav q. 1993 (the "franchise"). %�hich became effective on or about June 28. 1993, the
date TCI provided the City its written acceptance of the franchise terms; and
WHEREAS, TCI was obligated to perform certain obligations under the franchise or be
subject to penalties under Section i- of the franchise: and
WHEREAS, because of changing technoiogv and TCI's desire to provide a quality cable
television system for its Kent customers. TCI has been unable to complete the following franchise
obligations by June 28. 1997, the time allowed for performance of these provisions under the
franchise:
(A) t:nder Section f. complete an upgrade of the Cin system to o channels that has the
capability of implementing certain enhanced services: and
(B) Under Section 5, provide. maintain. and operate a public access studio within a radius
of eight miles of the Kent Cav Hail: and
(C) Under section S. provide an interactive system to provide two-wav communication
between the Citv's fire stations: and
WHEREAS. TC1 has requested an extension of time from the Citv to meet these obligations
and to provide these and other improved services to its customers: and
WHEREAS. the Citv has agreed to extend the time for performance of these conditions
under the franchise on the condition that TCI provide the City additional in kind consideration in the
form of certain separate, dedicated, fiber optic lines for the Citv's sole use as described in further
detail in this Agreement and in the attached Exhibit A.
NOW. THEREFORE, the parties agree as follow s:
TCI FRANCHISE PROV. EXTENSION ACREEM'T—Page ' or» (;ncl. Exhibit)
�.�......... .... _..... .........
1/11
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: MULTI-DEPARTMENTAL PERMIT PROCESS STUDY -
AUTHORIZATION
2 . SUMMARY STATEMENT: Authorization for the Mayor to sign a
consultant services contract with Zucker Systems in the amount
of $25 , 000 to conduct an organizational evaluation of the
City' s multi-departmental permit process .
3 . EXHIBITS : Memo, contract and study work plan
4 . RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $25 , 000
SOURCE OF FUNDS : Employee Services - General Fund
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION :
ACTION:
Council Agenda
Item No . 3I
MEMORANDUM
DATE: September 15, 1998
TO: Council Operations Committee
FROM: Sue Viseth, Employee Services Director
SUBJECT: MULTI-DEPARTMENTAL PERMIT PROCESS STUDY
In 1997 the City Council adopted the following target issue: Service and Staffing Review
and Direction. Specifically, the Council asked to review and explore alternative methods
of service delivery, determine current staffing situations and future staffing needs, and
develop a service staffing strategic plan. Accordingly, the Council authorized$25,000 in
the 1997 budget to begin the first of many such departmental studies in this review
process. The Planning Department was identified by Administration to be the first
department to participate in an organizational evaluation.
A committee was formed of representatives from Employee Services, Planning,Public
Works, and Fire Prevention to assist in the preparation of an RFP and selection of a
consultant to perform the study. The original scope of work outlined in the RFP included
an evaluation of the entire Planning Department to include: housing and human services,
development services,planning administration,planning services, and the multi-
departmental permit process. However, due to budgetary limitations the scope of the
study was narrowed to focus exclusively on the multi-departmental permit process.
Seven proposals were received in response to the RFP. The committee interviewed the
top three consulting firms. Zucker Systems, a consulting firm located in San Diego,
California, was selected by the committee to conduct the study. Zucker Systems
specializes in organizational analysis and has specific expertise in the area of municipal
planning and the permit process. A complete description of the study work plan is
attached to the contract as Exhibit A.
Upon approval of the consultant services contract, the work plan will commence with a
final report and recommendations due in early January.
Recommendation: Request approval for the Mayor to sign the consultant services
contract with Zucker Systems, in the amount of$25,000, to conduct an organizational
evaluation of the City's multi-departmental permit process.
CONSULTANT SERVICES CONTRACT
BETWEEN TYIE CITY OF KENT AND ZUCKER SYSTEMS.
THIS AGREEMENT is made this day of September, 1998, by and between the CITY OF
KENT, a Washington municipal corporation(hereinafter the "City"), and Zucker Systems,located
and doing business at 1545 Hotel Circle South, Suite 300, San Diego, California, 92108-3415
(hereinafter the "Consultant").
Recitals
1. The City is presently engaged in the organizational study of the multi-departmental
permit process and desires that the Consultant perform services necessary to provide consultation
and advice to the City on the appropriate organizational structure, operational oversight and staffing
levels as part of the organizational study of the multi-departmental permit process.
2. The Consultant agrees to perform the services more specifically described in the
Scope of Work,attached hereto as Exhibit A which is incorporated herein by this reference as if fully
set forth.
NOW, THEREFORE,in consideration of the mutual promises set forth herein, it is agreed
by and between the parties as follows:
I. Description of Work
Consultant shall perform all work as described in Exhibit A.
H. Payment
A. The City shall pay the Consultant an amount based on time and materials,an amount not to
exceed$25,000 for the services described in Section I herein. This is the maximum amount
to be paid under this Agreement for Tasks I-VIII in Exhibit A, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and executed
supplemental agreement. PROVIDED,HOWEVER,the City reserves the right to direct the
Consultant's compensated services under the timeframe set forth in Section IV herein before
reaching the maximum amount. The Consultant's billing rates shall be as delineated in
Exhibit A.
1
B. The Consultant shall submit monthly payment invoices to the City after such services have
been performed, and a final bill upon completion of all the services described in this
Agreement. The City shall pay the full amount of an invoice within forty-five (45) days of
receipt. If the City objects to all or any portion of any invoice, it shall so notify the
Consultant of the same within fifteen (15) days from the date of receipt and shall pay that
portion of the invoice not in dispute, and the parties shall immediately make every effort to
settle the disputed portion.
C. In the event the Scope of Work is modified or changed so that more or less work or time is
required by the Consultant, and such modification is reached by mutual agreement of the
parties to this contract, the payment for services and maximum contract amount shall be
adjusted accordingly upon agreement of the parties.
III. Relationship of Parties
The parties intend that an independent contractor-employer relationship will be created by
this Agreement. As Consultant is customarily engaged in an independently established trade which
encompasses the specific service provided to the City hereunder,no agent,employee,representative
or sub-contractor of Consultant shall be or shall be deemed to be the employee, agent,representative
or sub-contractor of the City. In the performance of the work, Consultant is an independent
contractor with the ability to control and direct the performance and details of the work, the City
being interested only in the results obtained under this Agreement. None of the benefits provided
by the City to its employees, including, but not limited to, compensation, insurance, and
unemployment insurance are available from the City to the employees, agents, representatives, or
sub-contractor of the Consultant. Consultant will be solely and entirely responsible for its acts and
for the acts of Consultant's agents, employees, representatives and sub-contractors during the
performance of this Agreement. The City may, during the term of this Agreement, engage other
independent contractors to perform the same or similar work that Consultant performs hereunder.
Page 2 of 11 Revised September 10, 1998
LE
W. Duration of Work -
The City and Consultant agree that work will begin on the tasks described in Exhibit A
immediately upon execution of this Agreement. The parties agree that the work described in Exhibit
A is to be completed within 83 calendar days of the execution of this Agreement;provided however,
that additional time shall be granted by the City for excusable delays or extra work,as described in
Section VI.(C) below.
V. Phase of Work
The Consultant shall perform the work authorized under this Agreement at its offices in San
Diego, California. Meetings with the City staff as described in Exhibit A, Scope of Work,shall take
place at the City's offices at 220 4'b Avenue South,Kent, Washington or at locations mutually agreed
upon by the parties.
VI. Termination
A. Termination of Agreement for Failure to Provide Services Bargained For. The
Consultant agrees that Zucker Systems was hired by the City based on the Consultant's
representation that employees identified in the proposal, attached hereto as Exhibit B,will
be available to perform the services described in Section I for the duration of this Agreement.
If any of the employees identified in the proposal are unavailable to perform the services
bargained for, for any reason,the City of Kent reserves the right to terminate this contract
or renegotiate the amount of consideration. The consultant must immediately notify the City,
in writing, if any employee identified in the proposal is unavailable to perform the services
described in Section I of this Agreement. Nothing in the foregoing language will alter the
Consultant's independent-contractor status.
B. Termination of Agreement for Failure to Prosecute Work or to Complete Work
Satisfactorily. If the Consultant refuses or fails to prosecute the work with such diligence
as will ensure its completion within the time frames specified herein, or as modified or
extended as provided in this Agreement, or to complete such work in a manner satisfactory
to the City,then the City may,by written notice to the Consultant,give notice of its intention
Page 3 of 11 Revised September 10, 1998
LE
to terminate the Consultant's right to proceed with the work. On such notice,the Consultant
shall have ten(10) calendar days to cure,to the satisfaction of the City or its representative,
or the City shall send the Consultant a written termination letter which shall be effective
upon the Consultant's receipt of the written notice by certified mail. Upon termination, the
City may take over the work and prosecute the same to completion,by contract or otherwise,
and Consultant shall be liable to the City for any additional costs incurred by it in the
completion of the Scope of Work referenced as Exhibit A and as modified or amended prior
to termination. "Additional Costs" shall mean all reasonable costs incurred by the City
beyond the maximum contract price specified in II(A), above.
C. Excusable Delays. The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work
due to: 1) any acts of the federal government in controlling, restricting, or requisitioning
materials, equipment, tools, or labor by reason of war, national defense, or other national
emergency; 2) any acts of the City, its consultants, or other public agencies causing such
delay;and 3) causes not reasonably foreseeable by the parties at the time of the execution of
the Agreement that are beyond the control and without the fault or negligence of the
Consultant, including, but not restricted to,acts of God, fires,floods, strikes,or weather of
unusual severity;and(4)negotiated and executed supplemental agreements between the City
and Consultant for Consultant to perform extra work defined as tasks not included in the
Scope of Work referenced as Exhibit A. PROVIDED,HOWEVER,that the Consultant must
promptly notify the City within ten(10) calendar days in writing of the cause of the delay.
If, on the basis of the facts and the terms of this Agreement,the delay is properly excusable,
the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
D. Rights Upon Termination. In the event of termination, the City shall pay for all services
performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination,the City may take possession of all records
Page 4 of 11 Revised September 10, 1998
LE
and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was
contracted to perform shall be without liability or legal exposure to the Consultant.
VII. Discrimination
In the hiring of employees for the performance of work under this Agreement or any sub-
contract hereunder, the Consultant, its sub-contractors, or any person acting on behalf of such
Consultant or sub-contractor shall not, by reason of race, creed, religion, color, sex, age, national
origin, marital status, or the presence of any sensory, mental, or physical handicap, discriminate
against any person who is qualified and available to perform the work to which the employment
relates, and no consultant or its sub-contractors, or any person acting on behalf of such consultant
or sub-contractor shall violate any of the terms of RCW 49.60,Title VII of the Civil Rights Act of
1964, §504 of the Civil Rights Act of 1973, The American's with Disabilities Act of 1992, or any
other applicable federal,state or local law or regulation regarding nondiscrimination in employment
VIII. Indemnification
Consultant shall defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from any and all claims,injuries,damages,losses or suits,including
all legal costs and attorney fees, arising out of or in connection with the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant and
the City, its officers, officials, employees, agents and volunteers,the Consultant's liability hereunder
shall be only to the extent of the Consultant's negligence.
Page 5 of 11 Revised September 10, 1998
LE
The provisions of this section shall survive the expiration or termination of this Agreement.
DL Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives,
employees, sub-consultants or sub-contractors.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than$1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with limits
no less than$1,000,000 combined single limit per occurrence and$2,000,000 aggregate for personal
injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage; explosion, collapse and
underground(XCU) if applicable;and employer's liability; and
3. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy,as respects work performed by or on behalf of the Consultant AND A COPY OF
THE ENDORSEMENT NAMING THE CITY AS ADDITIONAL INSURED SHALL BE
ATTACHED TO THE CERTIFICATE OF INSURANCE. The City reserves the right to receive
a certified copy of all the required insurance policies.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
Page 6 of 11 Revised September 10, 1998
LE
The Consultant's insurance shall be primary insurance as respects the City and the City shall
be given thirty (30) days prior written notice by certified mail, return receipt requested, of any
cancellation, suspension or material change in coverage.
X. Exchange of Information
The City warrants the accuracy of any information supplied by it to Consultant for the
purpose of completion of the work under this Agreement. The parties agree that the Consultant will
notify the City of any inaccuracies in the information provided by the City as may be discovered in
the process of performing the work, and that the City is entitled to rely upon any information
supplied by the Consultant which results as a product of this Agreement.
XI. OwnershiQof Records and Documents
Original documents, drawings, designs and reports developed under this Agreement shall
belong to and become the property of the City. All written information submitted by the City to the
Consultant in connection with the services performed by the Consultant under this Agreement will
be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available is already in
Consultant's possession or known to it,or is rightfully obtained by the Consultant from third parties,
Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored at
Consultant's office in San Diego,California. Consultant shall make such date, documents,and files
available to the City upon its request at all reasonable times for the purpose of editing, modifying
and updating as necessary until such time as the City is capable of storing such information in the
City's offices. Duplicate copies of this information shall be provided to the City upon its request,
and at reasonable cost.
XII. Recyclable Materials
Pursuant to City of Kent Ordinance No. 3066,The City of Kent requires its contractors and
consultants to use recycled and recyclable products whenever practicable. A price preference may
be available for any designated recycled product.
Page 7 of 11 Revised September 10, 1998
LE
X1II. Entire Agreement
The written provisions and terms of this Agreement, together with any Exhibits attached
hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or
altering in any manner whatsoever, this Agreement or the Agreement documents. The entire
agreement between the parties with respect to the subject matter hereunder is contained in this
Agreement and any Exhibits attached hereto,which may or may not have been executed prior to the
execution of this Agreement. All of the above documents are hereby made a part of this Agreement
and form the Agreement document as fully as if the same were set forth herein.
XIV. Citv's Right of InsRection
Even though Consultant is an independent contractor with the authority to control and direct
the performance and details of the work authorized under this Agreement,the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the
satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and
municipal laws,rules, and regulations that are now effective or in the future become applicable to
Consultant's business,equipment,and personnel engaged in operations covered by this Agreement
or accruing out of the performance of such operations.
XV. Consultant to Maintain Records to Support Independent Contractor Status
On the effective date of this Agreement(or shortly thereafter), Consultant shall:
A. File a schedule of expenses with the Internal Revenue Service for the type of business
Consultant conducts;
B. Establish necessary accounts with the Washington State Department of Revenue and other
state agencies for the payment of all state taxes normally paid by employers, register to
receive a unified business identifier number from the State of Washington, if necessary; and
C. Maintain a separate set of books and records that reflect all items of income and expenses
of Consultant's business, all as described in the Revised Code of Washington(RCW) Section
51.08.195, and as required to show that the services performed by Consultant under this
Page 8 of 11 Revised September 10, 1998
LE
Agreement shall not give rise to an employer-employee relationship between the parties
which is subject to RCW Title 51,Industrial Insurance.
XVI. Work Performed at Consultant's Risk
Consultant shall take all precautions necessary and shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the work hereunder and shall utilize
all protection necessary for that purpose. All work shall be done at Consultant's own risk, and
Consultant shall be responsible for any loss of or damage to materials,tools, or other articles used
or held for use in connection with the work.
XVH. Modification
No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of the City and Consultant
XVIH. Assi¢nment
Any assignment of this Agreement by the Consultant without the written consent of the City
shall be void. If the City shall give its consent to any assignment,this paragraph shall continue in
full force and effect and no further assignment shall be made without the CiWs consent
MN. Written Notice
All communications regarding this Agreement shall be sent to the parties at the addresses
listed on the signature page of the agreement, unless notified to the contrary. Any written notice
hereunder shall become effective upon the date of mailing by registered or certified mail, and shall
be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
XX. Governing Law
This Agreement shall be governed by the laws of the State of Washington.
XXI. Non-Waiver of Breach
The failure of the City to insist upon strict performance of any of the covenants and
agreements contained herein, or to exercise any option herein conferred in one or more instances
Page 9 of 11 Revised September 10, 1998
LE
_...._
shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be and remain in full force and effect.
XXII. Resolution of Disputes
Should any dispute, misunderstanding, or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the City, and the City shall
determine the term or provision's true intent or meaning. The City shall also decide all questions
which may arise between the parties relative to the actual services provided or to the sufficiency of
the performance hereunder.
If any dispute arises between the City and Consultant under any of the provisions of this
Agreement which cannot be resolved by the City's determination in a reasonable time, or if
Consultant does not agree with the City's decision on the disputed matter, jurisdiction of any
resulting litigation shall be filed in King County Superior Court,King County, Washington. This
Agreement shall be governed by and construed in accordance with the laws of the State of
Washington. Each party shall be solely responsible for its costs, expenses and reasonable attorney's
fees incurred in any litigation arising out of the enforcement of this Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year
first above written.
CITY OF KENT CONSULTANT
By: By:
Its Its
Date: Date:
Notice to be sent to:
Notice to be sent to:
Sue Viseth,Director
Employee Services
220 Fourth Avenue South
Kent, Washington 98032
Page 10 of 11 Revised September 10, 1998
LE
APPROVED AS TO FORM:
Roger A. Lubovich,Kent City Attorney
ATTESTED:
Brenda Jacober, City Clerk
SAPUBUQHR\J3=\C0NSULT.dw
Page 11 of 11 Revised September 10, 1998
LE
EXHIBIT A
SCOPE OF WORK
WORK PLAN -
'We carefully reviewed the Request for Proposal (RFP) and spoke with City staff
in order to formulate our scope of services in accordance with the study
objectives. Because the $25,000 budget is not sufficient for a thorough
evaluation of the Planning Department nor. the multi-department permit process,
our proposed work program focuses only . on the -permit process. The work
program, described below, consists of eight (8) tasks and 37 sub-tasks. We
anticipate that 75% of the work will be done on site.
Task 1.0 Project Initiation and Project Management
Task 2.0 External Interviews and Meetings
Task 3.0 Focus Groups
Task 4.0 Customer Surveys
Task 5.0 Staff Meetings and Questionnaires
Task 6.0 Organizational Issues
Task 7.0 Development Permit Process and Policy
Task 8.0 Evaluation Report and Action Plan
TASK 1.0 - PROJECT INITIATION AND PROJECT.MANAGEMENT
Objectives
Develop a refined work program and scope of services, establish a schedule of .
meetings, identify coordinating procedures and begin managing the project.
Product
We have combined the initial task of starting the project with the ongoing task of
monitoring, controlling and administering the project. The ongoing project
management activities are directed to tracking the project's-progress against the
plan and reporting the progress to the City.
:Of particular importance will be to ensure that, from the initial steps of the
-engagement, the roles of all involved are clear and that appropriate lines of
communication are established.
Subtask 1.1 -Review Goals and Objectives of Proposed Study
Discussions will be held with the Director of Operations, the Director of City
Planning and the Director of Employee Services to assure that the study direction
adequately represents the desires of the City.
Subtask 1.2 -Refine Work Program
The consultant will incorporate necessary refinements into the work program. The
changes will be reflected in the scope-of-services contract.
'City of Kent — Zucker Systems
Subtask•1.3 = Collect Preliminary Data.
Preliminary data will be collected in order to further define the scope of services.
Data to be furnished by the City will include, but not be limited to, relevant
budgets,' operating procedures, policies of the City. Council, workload data,
handouts, sample reports, minutes, 1991 Warner Group study and other similar
data:
Subtask 1.4 - Contract Management
` This task will consist of-monitoring the engagement program and files, quality
controls, completion of tasks, submittal of deliverables, work papers and billing.
Subtask 1.5 -Progress Meeting's and Reports
Every third week, a progress meeting will be .held. with the consultant, the
Director of Operations, the Director of Employee Services and. others as
appropriate.
TASK 2.0 -.EXTERNAL INTERVIEWS.AND MEETINGS
Objective
Elicit perceptions about the development permitting process. .
Product
Input into the technical analysis and isolation of areas requmng more detailed
study. Interviews will be confidential and summarized in a written report.
Subtask 2.1 - Select Interviewees
The consultant and the City will develop a list of recommended interviewees. At a
minimum,.this list will include key Department heads or managers and some
members of the City Council and Land Use and Planning Board, as well as the
Hearing Examiner.
Subtask 2.2 - Schedule Interviews
Interviews will be scheduled with the assistance of City staff.
Subtask 23 - Conduct Interviews
City staff will be responsible for providing appropriate interview rooms.
Interviewees will be assured confidentiality of information. Responses will be
grouped to assure confidentiality before they are shared with the City.
S Subtask 2.4 - Summary of Interviews
The interviews will be summarized in a written report.
J
1
TASK 3.0 - FOCUS GROUPS ;
Objective
Elicit customer perceptions about the permit process.
Product
-Input into the technical analysis and isolation of areas requiring more detailed-
study procedures.
Subtask 3.1 - Select Focus Group Members
Focus group members will be selected from a broad list of persons and groups
interested in the development process. The consultant and the .City will jointly
select participants.
Subtask 3.2 - Conduct Focus Group
We envision conducting two groups consisting of eight (8) to ten (10).people
each. Each focus group can take from two to three hours. City staff'will handle
the logistics for the focus groups. The_ focus groups should be. held in a .
comfortable, private room, with refreshments available.The groups will be assured
total confidentiality. There will be no tape recording-and Zucker Systems' staff
'will be the only non-focus group persons present.
The confidential nature of the 'groups is absolutely essential. It is likely that the
focus groups will consist of builders, developers, professionals, citizens and one-
time applicants.
The focus groups will be designed to. determine customer views of the
development process, service delivery expectations and suggested improvements.
Subtask 33- Focus Group Report
Focus group comments will be kept.confidential at the individual level, but will be
summarized'in the evaluation report.
TASK 4.0 — CUSTOMER SURVEYS
Objective
Elicit customer perceptions about the development permitting process.
Product.
Input into the technical analysis and isolation of areas requiring more detailed
study procedures. A summary report of the findings will be prepared.
Subtask 4.1 -Determine Areas to Survey
The topics to be surveyed will include those listed in the RFP, those suggested by
staff and those suggested by the consultant. The consultant will estimate the'
number of surveys to be sent based on a review of files and the need for an
adequate response (we estimate a 20 to 30 percent response rate). :
Subtask 4.2 - Design Surveys .
The consultant will design the survey foims to determine customer expectations,
service levels and suggestions for improvement. A typical survey is shown in
Appendix A. We may recommend several different surveys;-for example one that
relates to building plan check and inspection and another that relates to planning
-permits."'
Subtask 4.3 - Mail Surveys
The City will handle the costs and logistics of mailing the surveys. The surveys
will be sent directly to Zucker Systems to assure confidentiality.
' Subtask 4A - Tally and Analysis
Zucker Systems will tally and analyze the surveys for input into other tasks. The
results will be described in the evaluation report.
TASK 5.0 - STAFF MEETINGS AND'QUESTIONNAMES
Objective
Elicit staff opinions and perceptions of the mission, goals, objectives, workload,
information, supervision, training, policies, procedures,promotion,resources, etc.
Products
Memorandum summarizing meetings and questionnaires. Input into study plan.
'The study goal is organizational change. The consultant strongly believes that
organizational change must take place at the lowest level in the organization and
thus should include all staff involved in the permitting process. We have had
excellent success through use of staff meetings and questionnaires in other
studies (samples are shown in Appendix B).
Subtask 5.1 -Develop Staff Questionnaires
Two questionnaires to be completed by all relevant staff will be developed for use
in the study. The questionnaires will be specifically tailored to elicit information
applicable to our scope of services. The consultant has developed numerous
questionnaires for use in our studies and knows what does and does not work.
Subtask 5.2 - Staff Orientation Meeting
The consultant will meet with the permitting staff during' atwo-hour session to
explain the study, discuss staff s role, share philosophies and build support for
active staff participation in the questionnaires and the entire study.. Staff wiT
complete a short, confidential and anonymous questionnaire during this meeting:-..
Given the number of employees involved and the need to keep operations going,
two or three meetings may be necessary.
/"`:*.• .,F �'-.nh 7nrTror 5'vcfo»!�
The consultant has strong feelings about the role of.the permitting staff in this
study. When properly done, the staff will provide valuable ideas and will support
and implement the report's recommendations. The consultant has built a
reputation for this approach in past studies.
Subtask 5.3 - Staff.Questionnaires
A longer, confidential (but not anonymous) questionnaire will be completed
within one. week .of the staff meeting. For follow=up interviews, as well as
interpretation of the answers, it will be essential to know the name and position of
the respondent. The consultant estimates that the longer questionnaire will
require one to two hours to.complete.
Subtask 5.4 - Review of Questionnaires
The consultant will read and analyze the questionnaires. All material received will
be kept confidential as it relates to specific individuals.
Subtask 5.5 -Memorandum
The consultant will complete a memorandum summarizing the staff meetings and
questionnaire findings.
TASK 6.0 - ORGANIZATIONAL ISSUES,
Objective
'Evaluate organizational structure, management oversight and staffing in relation
to appropriateness and efficiency.
Product
Written recommendations for improvement.
Subtask 6.1 - Management Effectiveness
The management and supervisory structure will be analyzed in relation to
contemporary management theory. Issues to address will include: strategic and
operational planning, budgeting, workload design, meeting deadlines, reporting
lines, control, delegation, contract management and other personnel and
employee issues.
Subtask 6.2 - Organizational Structure
This task will include a review of functional groupings, reporting relations,lines of
authority and spans of control. Current theory aimed at creating flatter, less
hierarchical organizations will be employed:
'r Subtask 6.3 - Training
f'. Past and current training programs will be reviewed and recommendations for.
training programs will be developed. The consultants have extensive experience
in training programs. Topics will include orientation, on-the-job training, specific
city of Kent Zucker Systems
external course work,-job rotation, required and desired certification and
computer training. Special attention will also focus on possible management
training needs.
Subtask 6A - Communication
The communication methods and effectiveness will be reviewed. Communication
issues will be reviewed internal to the functions as well as other departments and
client communications. Written communication materials will 'be 'reviewed;
including brochures, applications, staff reports and minutes. Communication
aspects of the Web and television will also be reviewed.
Subtask 6.5 - Staffing
The staffing and budgeting for the process relative to.workload will be examined.
Questions to be asked will include; What is the optimal mix of Permanent and
contract staff, What are the workload factors, other than number of permits, What
should the peak loading strategy .be in relation to seasonal or. economic
variations.
Subtask 6.6 — Technology
Existing and potential technology. and equipment to support the permit process,
such as a computer integrated pam3it system, telephone systems, faxes, -filing
systems, copy equipment and field computers, will be reviewed. Use of the
Internet-will-also be examined.
TASK 7.0—DEVELOPMENT PERMIT PROCESS AND POLICY
Objective
Efficient and effective processes.
Product
Recommendations for permit and process changes.
Subtask 7.1—Policy Issues/Regulatory Requirements
Polices, standards and regulations will be reviewed as related to the need for
workload efficiency improvements, including the.role of various participants in
arriving at decisions. Where policies heavily impact process issues, the
consultants will make policy issue recommendations for City consideration. The
study will not actually draft policy, but-will set the direction for improvement.
Subtask 7.2—Process Documentation
Selected key processes will be documented, charted and time measured. Relevant
forms, handouts and guidelines will be reviewed.
77trker SV,CtF77:S
Subtask 7.3 - Process Control Systems
Successful processes require plans for control and monitoring. This. task will
analyze existing control systems and make recommendations for any
improvements.
Subtask 7.4 - Process Evaluation. .
This task will build and expand on information gathered in previous tasks. A
variety of measurement systems will be used.We will also utilize Zucker Systems,'
Development Process Assessment System®, .which includes 216 benchmark
criteria.
Subtask 7.5—Performance Measures
Performance measures will be developed to judge the quality-of service provided.
Zucker Systems' national benchmark work on performance measures will be
included in this task.
Subtask 7.6 - Recommendations
Recommendations will be made for workflow, distribution, timing, control and
policy. 'Recommendations will include any appropriate transition plans or needs.
TASK 8.0 - EVALUATION REPORT AND ACTION PLAN
Objective
Fulfillment of contract and preparation of recommendations to be implemented.
Product
Draft and final study reports.
The process of evaluation report preparation is an important one. Implicit in this
process is the need for a sound understanding of how our review.was conducted,
what issues were identified, why our recommendations were made -and how
implementation should be accomplished. The consultant's reputation has-been
built on providing useful reports to clients. Experience has shown that a large
percentage of the consultant's reports have been implemented, resulting .in
organizational renewal and change.
Because of the consultant's planning, development and management experience,
it can be expected that recommendations and ideas will surface during the course
of this study in topic areas not covered in the RFP or proposal. The consultant
will share these observations with the City and include.- appropriate
recommendations in the study. We will prepare and submit our evaluation report
according to the following subtasks.
yy Subtask 8.1 - Prepare Draft Evaluation Report
f"tv. of Kent Zucker Systems
We will prepare a draft report documenting the results of this study. Ten (10)
copies of this report win-be furnished.In this report we will:
✓ Summarize. the. strengths of the development process . and
opportunities for improvement.
✓ Present a review of approach and analysis methods. .
✓ Present the recommendations, focusing on how best to prioritize
resources and streamline.operations.
✓ Make specific recommendations in relation to work planning, `
control, supervision, service targets, monitoring systems, staffing by
unit or function, automation and training. .
✓ Describe .a plan for corrective action showing implementation
responsibilities and schedules. .
✓ Include responsibilities, priorities, timelines and costs or savings in .
the implementation plan.
Subtask 8.2 -Review Draft Report with City
A final meeting of the consultant-and the City Team-Will be scheduled following
presentation of the Draft Report and prior to preparation of the evaluation report
and recommendations.The purpose of this meeting shall be' to discuss current and
proposed process elements, including organizational structure, staffing, work-
flow,.work products and customer service:
Subtask 8.3 -Evaluation Report
Based on the results of the City's review of our draft, we will prepare a final
evaluation report. Zucker Systems prides itself on preparing reports that are both
easy to read and-to implement. Ten (10) copies of the evaluation report will be
furnished.
Subtask 8.4 -Presentations
We will make a final presentation of the evaluation and our recommendations to :
the Director of Operations.
City 'of Kent Zucker Systems
EXHIBIT B
ORGANIZATION STAFFING . .
A. OV VMW
�. The organization of our staff is shown'below. Resumes are included in Section F.
+ Figure 2
Organization Chart
ZUCKER SYSTEMS
Paul C. Zucker
President
Lydia Stacy Laurie Price Frank F. Nickolson ,]oseph Bucknall
Office Planning Management. Graphic Designer
Manager Mana er Associate
Sub - Consultants
Robert Storchheim
Zucker Systems has five staff members, ail of whom will work on this.evaluation.
One sub-consultant;Robert Storchheim,will also be involved. Most of the on site
work will be conducted by Paul Zucker. The remainder of the staff wM be
available for Zucker Systems internal processing or consultation in specialized
areas as needed.
Paul Zucker will lead the entire project and be the key contact for the City.
Laurie Price will advise on the planning permit process..
Frank Nickolson will advise on staffing measures.
Robert Storchheim will advise on plan check and building inspection functions_
Lydia Stacy will handle report and spreadsheet production and tally and analyze
customer surveys.
Joseph Bucknall will handle all graphic requirements.
City of Kent Zucker Svsreras
............
Kent City Council Meeting
Date October 6 . 1998
Category Consent Calendar
1 . SUBJECT: 1999 OPERATING AND CAPITAL BUDGET - SET
HEARING DATE
2 . SUMMARY STATEMENT: Set October 20 , 1998 , for a public
hearing on the annual 1999 Operating and Capital budget .
3 . EXHIBITS : None
4 . RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3J
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: EDC PLANNING JURISDICTIONAL APPROVAL - RESOLUTION
2 . SUMMARY STATEMENT: Adoption of Resolution No .
authorizing the issuance of non-recourse bonds to finance an
economic development facility for Schober, Inc . /Vectra, LLC.
The Washington Economic Development Finance Authority (WEDFA)
passed resolutions relating to the issuance of non-recourse
revenue bonds for this project ; however, it is the policy of
WEDFA to obtain the prior approval of the municipality where
the proposed industrial development facility lies . Adoption of
the proposed resolution would grant such approval allowing
WEDFA to proceed with the issuance of non-recourse revenue
bonds to finance this project .
3 . EXHIBITS : Proposed resolution and correspondence from
Washington Economic Development Finance Authority
4 . RECOMMENDED BY: Committee and 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. 3K
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, approving the action of the State of
Washington Economic Development Finance Authority
and the issuance of non-recourse revenue bonds to finance
an economic development facility for Schober, Inc.Nectra,
LLC, and providing for other matters properly relating
thereto.
WHEREAS, on February 9, 1998, the Washington Economic
Development Finance Authority ("WEDFA") had presented to it Resolution No. W-98-
004 relating to the issuance of non-recourse revenue bonds where the proceeds would be
loaned to Schober, Inc.Nectra, LLC for the acquisition, construction, and equipping of a
facility for the manufacture of aircraft decorative laminates ("Project"), all as authorized
by the Economic Development Finance Authority Act of 1989, RCW Title 43, Chapter
163, as amended ("Act"); and
WHEREAS, on February 9, 1998, WEDFA unanimously approved the
resolution; and
WHEREAS, on March 18, 1998, WEDFA had presented to it resolution
No. W-98-009 amending resolution No. W-98-004 to reflect an increase in costs; and
WHEREAS, on March 18, 1998, WEDFA unanimously approved the
amended resolution; and
WHEREAS, it is the policy of WEDFA not to issue revenue bonds except
upon the approval of the county, city, or town within whose planning jurisdiction the
proposed industrial development facility lies; and
... 1
WHEREAS, the Project lies within the boundaries of the City of Kent,
King County, Washington;NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Kent, pursuant to the request of the Washington
Economic Development Finance Authority ("WEDFA"), does hereby approve the
issuance of non-recourse revenue bonds ("Bonds") by the WEDFA for the purposes of
financing the Project as described herein, a qualified project under the Act, for the
purposes provided for in said Act.
SECTION 2. The Bonds shall be issued in an aggregate principal sum not
to exceed $2,798,755 pursuant to resolutions passed and approved by WEDFA, numbers
W-98-004 and W-98-009, attached hereto as Exhibits A and B and incorporated herein by
reference. The proceeds of the Bonds are to be lent to Schober Inc./Vectra, LLC,
pursuant to a loan agreement or other appropriate financing agreement, and used for the
purpose of acquiring, constructing, and equipping the Project, including the necessary
appurtenances located within the boundaries of the City of Kent, and to pay certain costs
of issuance of the Bonds.
SECTION 3. The Bonds shall not constitute an obligation of the State of
Washington or City of Kent, and no tax funds or revenues of the State of Washington or
City of Kent shall be used to pay the principal or interest on the Bonds. Neither the faith
and credit nor any taxing power of the State of Washington or of the City of Kent shall be
pledged to pay the principal or interest on the Bonds.
SECTION 4. This resolution is intended to constitute approval of the
issuance of revenue bonds within the meaning of the policy of the WEDFA and the Act.
SECTION S. This resolution shall take effect immediately upon passage
and approval as provided by law.
2
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
I, BRENDA JACOBER, City Clerk of the City of Kent, Washington, certify
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 11998.
BRENDA JACOBER, CITY CLERK
P:U.AW\RESOLUTMwrnue Bonds.res.doc
3
RESOLUTION NO. W-98-004
A RESOLUTION OF THE WASHINGTON ECONOMIC DEVELOPMENT
FINANCE AUTHORITY TAKING OFFICIAL ACTION TOWARD THE
ISSUANCE OF NONRECOURSE ECONOMIC DEVELOPMENT REVENUE
BONDS IN ONE OR MORE SERIES IN A MAXIMUM AMOUNT NOT TO
EXCEED $21500,000 AND AUTHORIZING THE EXECUTION OF AN
INDEMNIFICATION AND COMPENSATION AGREEMENT BY AND
BETWEEN THE WASHINGTON ECONOMIC DEVELOPMENT FINANCE
AUTHORITY AND SCHOBER, INC. (the "Company").
WHEREAS, the Washington Economic Development Finance Authority (the
"Issuer") is a duly organized and existing instrumentality of the State of Washington
authorized and empowered by the provisions of RCW Chapter 43.163 (collectively, the
"Act") to issue nonrecourse economic development revenue bonds for the purpose of
carrying into effect the construction of improvements and the acquisition of personal
properties and provide working capital suitable for use by any industry, and to loan its
moneys when necessary or convenient to carry out its powers under the Act; and
WHEREAS, the Company has informed the Issuer that it wishes to acquire,
construct, equip, and improve the manufacturing facilities to be located in Renton, King
County, Washington, as more fully described in Exhibit A attached hereto and
incorporated herein (the "Site"), all of which are located within the territorial limits of the
State of Washington, and the Company has requested the Issuer to issue nonrecourse
economic development revenue bonds (the 'Bonds") in a maximum amount not to exceed
TWO MILLION FIVE HUNDRED THOUSAND dollars ($2,500,000) pursuant to the
Act to carry into effect the acquisition, construction, equipping, and improving of real and
personal property and provision of working capital at the Site to be used in the
manufacturing facilities of the Company, as more fully described in Exhibit A hereto (the
"Project"), to loan the proceeds of the Bonds to finance the acquisition, construction,
improvement, equipping, and installation of the Project; and
WHEREAS, a form of agreement designated as an "Indemnification and
Compensation Agreement" has been prepared setting forth the respective agreements and
undertaking of the Issuer and the Company with respect to the Bonds and the Project; and
WHEREAS, it is considered necessary and desirable for the best interest of the
Issuer that the Indemnification and Compensation Agreement be executed for and on the
behalf of the Issuer; and
Resolution No. W-98-004 Pagel of 6
WHEREAS, the Indemnification and Compensation Agreement requires the
Company to pay all reasonable and necessary costs incurred by the Issuer in connection
m with the Bonds and/or in connection with the Project;,and
WHEREAS, the Issuer finds that the Project constitutes the development and
improvement of economic development facilities under the Act; and
WHEREAS, it is intended that this resolution shall constitute a declaration of
official intent to reimburse Project expenditures within the meaning of Sections 1.103-
(8)(T)(a)(5) and 1.150-2 of the Federal Income Tax Regulations.
NOW THEREFORE, be it resolved by the Washington Economic Development
Finance Authority as follows:
Section 1. It is hereby determined that (a) the acquisition, construction and
installation of the Project and its operation as an economic development facility; (b) the
issuance of the bonds of the Issuer in one or more series and in a maximum amount not to
exceed $2,500,000, to finance costs of the Project, such total costs to be financed by the
Bonds presently estimated to be approximately $2,500,000; and (c) the execution and
delivery of such contracts and agreements with the Issuer as are necessary to provide for
the payment by the Issuer of amounts sufficient to pay the principal of, premium, if any,
and interest on the Bonds, together with certain costs of the Issuer, will all be in
furtherance of the Act.
Section 2. Subject to the conditions listed in Section 3 below, including such
other conditions as in the judgement of the Issuer and bond counsel are necessary to
insure the validity of the Bonds and the tax-exempt or.taxable status of the Bonds, it is the
intent of the Issuer to proceed toward the issuance and sale of the Bonds pursuant to the
provisions of the Act. Nothing in this resolution shall be construed as legally binding the
Issuer to authorize, issue, or sell the Bonds.
Section 3. The authorization, issuance, and sale of the Bonds by the Issuer are
subject to the following conditions:
(a) the Company shall have either caused to be issued an irrevocable letter of
credit (the "Letter of Credit") by an investment-grade rated commercial bank, acceptable
to the Issuer (the "Letter of Credit Bank"), which shall be used to pay and secure the
Bonds or secured a private placement with an Accredited Investor(s) as such term is
defined in 17 CFR 230.501(a);
(b) the Company shall enter into such contracts and loan agreements with the
Issuer as shall be necessary to secure payment of the principal of, premium, if any, and
interest on the Bonds as when the same shall come due and payable;
Resolution No. W-98-004 Page 2 of 6
(c) on or before two (2) years from the date hereof(or such later date as shall be
mutually satisfactory to the Issuer and the Company) the Issuer and the Company shall
have agreed to mutually acceptable terms and conditions of the contracts and agreements
referred to in paragraph (b).of this Section 3;
(d) the Issuer shall have received an opinion of bond counsel that, with certain
customary exceptions, such of the Bonds which it is intended shall be issued as tax-exempt
obligations may be so issued pursuant to the provisions of the Internal Revenue Code of
1986;
(e) the Issuer shall have received an allocation of the State ceiling on private
activity bonds imposed by Section 146 of the Internal Revenue Code of 1986 in an amount
equal to the aggregate face amount of such of the Bonds as shall be issued as tax-exempt
obligations, and shall have allocated such amount to the Bonds;
(f) the Issuer shall have received evidence that the county, city, or town within
whose planning jurisdiction the Project lies has approved the Project and the Bonds; and
(g) such other conditions as in the judgement of the Issuer and bond counsel are
necessary to insure the validity of the Bonds and the tax-exempt status of such of the
Bonds as shall be issued as tax-exempt obligations.
Section 4. The proper officials of the Issuer are hereby authorized to take such
further action as is necessary to.carry out the intent and purposes hereof under the terms
and conditions stated herein and in compliance with the applicable provisions of law.
Section 5. That it is deemed necessary and advisable that the Indemnification
and Compensation Agreement be approved and executed for and ion behalf of the Issuer.
Section 6. That an Indemnification and Compensation Agreement by and
between the Issuer and the Company be, and the same is hereby, approved and authorized
and the Chair of the Issuer is hereby authorized to execute the Indemnification and
Compensation Agreement on behalf of the Issuer.
Section 7. Each Bond, when and if issued, shall substantially state the
following language on the face thereof
THE OBLIGATIONS OF THE ISSUER HEREUNDER SHALL NOT BE
DEEMED TO BE A DEBT, LIABILITY, OBLIGATION, OR PLEDGE OF THE
FAITH AND CREDIT OF THE STATE OF WASHINGTON, OF ANY
MUNICIPALITY, OR OF ANY MUNICIPAL CORPORATION, QUASI MUNICIPAL
CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE OF
WASHINGTON, OR TO PLEDGE ANY OR ALL OF THE FAITH AND CREDIT OF
ANY OF THESE ENTITIES. NEITHER THE STATE OF WASHINGTON, THE
Resolution No. W-98-004 Page 3 of 6
ISSUER, ANY MUNICIPALITY, OR ANY OTHER MUNICIPAL CORPORATION,
QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR AGENCY OF THE
STATE OF WASHINGTON IS OBLIGATED TO PAY THE PRINCIPAL OR THE
INTEREST THEREON. NO TAX FUNDS OR GOVERNMENTAL REVENUE MAY
BE USED TO PAY THE PRINCIPAL OR INTEREST THEREON. NEITHER ANY
OR ALL OF THE FAITH AND CREDIT NOR THE TAXING POWER OF THE
STATE OF WASHINGTON, THE ISSUER, IF ANY, OR ANY MUNICIPAL
CORPORATION, QUASI MUNICIPAL CORPORATION, SUBDIVISION, O
AGENCY THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR.
OF THE INTEREST ON THE BONDS.
Section 8. This Resolution shall be effective after its adoption.
ADOPTED by the Washington Economic Development Finance Authority this 9th
day of February, 1998..
WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY
By:
Chair
Resolution No. W-98-004 Page 4 of 6
EXHIBIT A
DESCRIPTION OF PROJECT AND SITE
The Projects will consist of
Construction of a 30,000 sq. ft. building for the production of decorative laminates;
purchse of two water jet cutting machines, a multiple opening press and installation. v
Resolution No. W-98-004 Page 5 of 6
CERTIFICATE
I, the undersigned, Secretary of the Washington Economic Development Finance
Authority(herein called the "Issuer"), DO HEREBY CERTIFY:
1. That the attached Resolution No. W-98-004 (herein called the "Resolution") is a true
and correct copy of a resolution of the Issuer as finally adopted at a special meeting of the
Board of Directors of the Issuer held on the 9th day of February, 1998, and duly recorded
in my office.
2. That said meeting was duly convened and held in all aspects in accordance with law,
and, to the extent required by law and the by-laws of the Issuer, due and proper notice of
such meeting was given; that a legal quorum was present throughout the meeting and a
legally sufficient number of members of the Washington Economic Development Finance
Authority voted in the proper manner for the adoption of the Resolution; that all other
requirements and proceedings incident to the proper adoption of the Resolution have been
duly fulfilled, carried out, and otherwise observed; and that I am authorized to execute this
certificate.
IN WITNESS THEREOF, I have hereunto set my hand this 9th day of February, 1998.
Secretary
Resolution No. W-98-004 Page 6 of 6
&N-1 3 t T
RESOLUTION NO. W-98-009
A RESOLUTION OF THE WASHINGTON ECONOMIC DEVELOPMENT
FINANCE AUTHORITY AMENDING ITS RESOLUTION NO. W-98-004 TO
DECLARE OFFICIAL INTENT TOWARD THE ISSUANCE OF
NONRECOURSE ECONOMIC DEVELOPMENT REVENUE BONDS IN ONE
OR MORE SERIES IN A MAXIMUM AMOUNT NOT TO EXCEED S295009000.
WHEREAS, the Washington Economic Development Finance Authority (the
"Issuer") is established as a public body, corporate and politic, with perpetual corporate
succession, constituting an instrumentality of the State of Washington authorized and
empowered by the provisions of RCW Chapter 43.163 (the "Act") to issue nonrecourse
revenue bonds for the purpose of financing economic development activities as defined in
the Act; and
WHEREAS, on February 9, 1998, at a special meeting of the Board of Directors
of the Issuer, the Issuer adopted its Resolution No. W-98-004 (the "Resolution')
declaring official intent toward the issuance of nonrecourse economic development
revenue bonds in a maximum amount not to exceed $2,500,000, the proceeds of such
issuance to be loaned to Schober, Inc. (the "Borrower") to finance project costs of
acquiring, constructing, equipping and improving real or personal property to be used in
the manufacturing facilities of the Borrower (the "Project"), as more fully described in the
Resolution; and
WHEREAS, the Borrower has informed the Issuer that its estimate of eligible
costs of the Project have increased to $4,500,000 due to the planned purchase of an
additional building; and
WHEREAS, the Borrower has requested that the Issuer amend the Resolution to
reflect this increase in costs; and
WHEREAS, the Issuer finds that the amended Project constitutes economic
development activities as defined under the Act; and
WHEREAS, it is intended that this resolution shall constitute a declaration of
official intent to reimburse Project expenditures within the meaning of Sections 1.103-
(8)(T)(a)(5) and 1.150-2 of the Federal Income Tax Regulations.
NOW, THEREFORE, be it resolved by the Washington Economic Development
Finance Authority as follows:
Section 1. The Resolution is amended to increase the maximum amount of
issuance of bonds of the Issuer from $2,500,00 to $4,500,000 to finance costs of the
Resolution No. W-98-009 Page 1 of 3
Project, such total costs to be financed by the Issuer's bonds being presently estimated to
be $4,500,000.
Section 2. All other provisions of the Resolution shall remain unchanged and
in full force as provided for in the Resolution.
Section 3. This resolution shall be effective after its adoption.
ADOPTED by the Washington Economic Development Finance Authority this Y
18th day of March, 1998.
WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY
By:
Chair
Resolution No. W-98-009 Page 2 of 3
CERTIFICATE _.
I, the undersigned, Secretary of the Washington Economic Development Finance
Authority (herein called the "Issuer"), DO HEREBY CERTIFY:
1. That the attached Resolution No. W-98-009 (herein called the "Resolution") is a true
and correct copy of a resolution of the Issuer as finally adopted at a regular meeting of the
Board of Directors of the Issuer held on the 18th day of March, 1998, and duty recorded
in my office.
2. That said meeting was duly convened and held in all aspects in accordance with law,
and, to the extent required by law and the by-laws of the Issuer, due and proper notice of
such meeting was given; that a legal quorum was present throughout the meeting and a
legally sufficient number of members of the Washington Economic Development Finance
Authority voted in the proper manner for the adoption of the Resolution; that all other
requirements and proceedings incident to the proper adoption of the Resolution have been
duly fulfilled, carried out, and otherwise observed; and that I am authorized to execute this
certificate.
IN WITNESS THEREOF, I have hereunto set my hand this 18th day of March, 1998.
Secretar�
Resolution No. W-98-009 Page 3 of 3
et�re COPY RECEIVED
o s
� �= SEP 1 ;� 1998.
' � 1 0y
't 1269 d
STATE OF WASHINGTON Kent City Attorney
WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY
1000 Second Ave., Suite 2700 • Seattle, Washington 98104-1046 • (206) 587-563415640 • FAX (206) 389-2819
September 17, 1998
S E P 1 8 1998
Ms. Brenda Jacober CITY OF KENT
City Clerk CITY CLERK
City of Kent
220 Fourth Avenue S. -
Kent, WA 98032
Re: Washington Economic Development Finance Authority (WEDFA) - Tax-
Exempv7axable Economic Development-Revenue Bond Programs
$2,798,755 Schober, Inc./Vectra, LLC Project,
Dear Ms. Jacober:
Schober, Inc.Nectra, LLC is planning to construct and equip a plant for the manufacture of
decorative aircraft laminates. They intend to finance this project through the issuance of
WEDFA's tax-exempt nonrecourse economic development revenue bonds.
Ms. Linda Hendry, Schober's Controller, would be happy to provide you with any further
information that you might find helpful regarding the project. Her telephone number is: (425)
255-4000, ext. 27.
It is the polio of the WEDFA board only to issue bonds in support of projects which would be
welcomed by the local community. As part of the issuance process, therefore, we would like the
Kent City Council as the planning jurisdiction, to consider passage of a Planning Jurisdiction
Approval resolution, in form substantially as attached, in behalf of the Washington Economic
Development Finance Authority (WEDFA) to issue tax-exempt economic development revenue
bonds. We are planning to issue the bonds toward the end of October. It would greatly assist our
timing if the City Council could consider this approval at their next meeting.
,ems„ iJ
Ms. Brenda Jacober
City Clerk
September 17, 1998
Page two
Please let me know how we can work together to facilitate this process. If you have any
questions, please do not hesitate to give me a call. My telephone number is: (206) 587-5634.
I look forward to working with you on this project.
Sincerely yours,) �• --
Jonathan A Hayes
Executive Director
cc: L. Hendry - Schober, Inc.
y..........
...
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: TRUCK USE ON 92ND AVENUE SOUTH - DIRECTION TO
ADMINISTRATION
2 . SUMMARY STATEMENT: As recommended by the Public
Works/Planning Committee, direct Administration to install
signs along the arterials leading to 92nd Avenue South limiting
trucks to 10 , 000 lbs . gross weight .
3 . EXHIBITS : Public Works/Planning Committee minutes
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:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3L
FROM iCI7Y VENT MRYORS OFC 2S3 e13 2067 1999,09-30 09:43 #794 P.91/02
Post-It•Fax Note 7971 oats 4C91916►
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co. c i 7 p�
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.. Fax b
Truck Use on 92nd Ave. South
Citizen, Ery Fleming, 20541 92 Ave. S, Kent, told the Committee about the problem of
trucks coming off of Benson Highway and down 2001h or off of Talbot Road to 200`h and
then onto 92"d Ave. South. He said that some days there are four to five trucks, some
days more. Mr. Fleming said he had talked with the County and the County, working
with Renton,put a sign on Talbot Road that said 'No Trucks Over 26,000 Lbs. Except for
Local Delivery'. The City of Kent has also put up signs on 208`h, 92"d, and up the hill
that say `Local Delivery Only'. Off of Benson Hwy and on 200''the County has put up
signs that say `Local Delivery Only'. The signs have not stopped the trucks, and Mr.
Fleming voiced concern that the corner on 200`h going onto 92"d (and the whole road)
won't handle these trucks, some of which have 45 foot long trailers.
Ed White, Transportation Engineering Supervisor, expressed that, based on observations,
this seems to be a case of heavy truck traffic avoiding Benson Highway. Mr. White said
that it appears to be easier for them to swing down 200" onto 92" and then to 208`h,
which is a small two lane roadway connecting to the East Valley Highway. Mr. White
said that signs could be posted but compliance would rely very heavily on enforcement
and the cooperation of the Police Department, at least initially, so that the truckers would
be informed that the route was no longer available to them. Mr. White was concerned
about providing enough advance warning to the truckers before they actually got to 2001h
as they could become trapped and then would use other local arterials to try and find a
reasonable way out. Mr. White said he would look at that closely and possibly work
with the County to try and get the signs posted far enough in advance on the routes to
prevent the truckers from getting trapped in the area.
Chair, Tim Clark, made the point that if Talbot Road has an entrance sign that says
nothing over 26,000 lbs. is allowed, then the only other place the trucks would be coming
from is down off the hill. Ed White said the signs that are there now say 'Local Access
Only' and `Local Delivery' and these signs are not enforceable. Mr. Clark suggested
posting signs that say 'no greater than 10,000 lbs.% which would be enforceable. Ed
White agreed that with the posting and the follow up of necessary initial enforcement, the
word would get out that this was no longer a viable route, and the truckers would go back
to Benson Highway, or some other north/south arterial.
Mr. White said that Benson Highway and the freeway are the two primary north/south
arterials, and the truckers have to travel on one of those two. They don't want to use
Benson because of the signals and traffic congestion. He said that signs in themselves are
not a preventative measure, but are for people who are uninformed. Some of the
discussed areas are actually in King County, and it's a matter of finding where signs can
be posted within the City and then working with King County to have other signs posted.
With this area so close to Kent's northern boundary, it's only blocks to the City limits,
and Benson Highway, being a state route, is almost entirely within King County. Within
blocks, there is a change of jurisdiction.
FROM :CITY VENT MPYORS OFC 253 813 2067 1992,09-30 09:44 #794 P.02/02
Committee Member, Tom Brotherton, moved to direct Administration to install signs
along the arterials leading to 92°d Ave. South limiting trucks to 10,000 lbs.gross weight
limit. The motion was seconded and passed.
Tim Clark suggested contacting King County to ask for permission to post a warning sign
for those coming off of Benson Highway at 19-— Ery Fleming related that he had talked
to Scott Sawhill, of King County, who worked nth the City of Renton to get signs put
there. Mr. Fleming suggested talking to Mr. Sawhill to see if County would put a
load limit sign with their sign that states `Local Access Only'
.......... .
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: GREEN RIVER NATURAL RESOURCE AREA NURSERY -
ACCEPTANCE
2 . SUMMARY STATEMENT: As recommended by the Public
Works/Planning Committee, accept the Green River Natural
Resource Area Nursery Site contract as complete and release
retainage to R. W. Scott Construction upon standard releases
from the State and, release of any liens . This is the nursery
site to grow wetlands for the lagoon facility. The original
contract amount was $200, 491 . 35 . The final construction cost
was $262 , 252 . 42 (30 . 8% over) . (After committee recommendation
of award of project at 28% over, an item was found to be unpaid
which was required in the bid. ) The cost overruns were due to
increased quantities in the crushed surfacing top course and
gravel borrow bid items . Additionally, over-excavation was
required due to the sub-base material not compacting.
3 . EXHIBITS: Public Works/Planning Committee minutes
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:
Councilmember moves , Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3M
there were no plans to do any more, but that eventually the City would be doing 1161h
from 256`h down to Kent Kangley. The next project is 132"d of which there are pieces in
the 6-year Plan. The County is improving Petrovitsky to SR169.
Committee Member, Rico Yingling, moved to recommend authorization to set
October 20`h as the Public Hearing date for the Six Year Transportation
Improvement Plan and authorization to adopt the Ordinance reflecting same. The
motion was seconded and carried.
Chair, Tim Clark, requested that there be an overlay of the principle arterioles at the
public hearing so they can be discussed. He said he would like an overlay that helps
identify some of the major projects. Don Wickstrom said he would furnish a map that is
color-coded that shows the years, where the projects are, and how they are numbered.
Mr. Clark clarified that he would like only a breakdown for the next two years. Rico
Yingling asked for information about the commuter lanes and whether they actually help
traffic flow or whether they actually hinder traffic flow.
Surplus Vehicles—Authorization
Don Wickstrom informed the Committee that this was a list of equipment and vehicles
from the equipment rental division that were determined to be no longer needed by the
City based on a rating system that had been established. Committee Member, Rico
Yingling, made a motion to have authorization to declare this equipment as surplus
and authorize the sale thereof at the next public auction. The motion was seconded
and passed.
Green River Nursery Site—Accentance
Don Wickstrom said that work had been completed on the Green River Nursery site at
28% over budget, primarily because material was bad and in constructing the parking lot
they had to use a lot of import which ran the costs up. They also ran into septic tanks and
other usual things. as there had been no record of what was there. Tim Clark asked if it
was a City site. Mr. Wickstrom replied that it is the nursery for the lagoon facility to
grow the wetland plants. Over half a million dollars was spent in contract planning and
the nursery was planned in order to meet the Corps permit and to help grow the plants
there.. The City is using youth and volunteers to help with the nursery. Rico Yingling
made the motion to accept as complete the Green River Nursery Site project. The
motion was seconded and carried.
Code Amendment in the Downtown Commercial Zone
Fred Satterstrom from the Planning Department passed out to the Committee copies of a
proposed regulatory review. He said the review is a way in which citizens can come
forward and suggest amendments to the zoning code. In this case, Linda Johnson from
the Kent Downtown Partnership had come forward and proposed an amendment to the
Downtown Commercial DC Zone. Mr. Sattetstrom said that the role of the committee
was to listen to the proposal and decide whether it had merit to send it to the Land Use
and Planning Board. That Board would actually do the review and give alternatives if
DEPARTMENT OF PUBLIC WORKS
September 14, 1998
TO: Public Works/Planning Committee
FROM: Don Wickstrorr&'
RE: Green River Nursery Site - Acceptance
The contract for the Green River Nursery Site was awarded to R W. Scott
Construction for the bid amount of $200,491.35. The final construction cost was
5257,039.62 (28% over). The cost overruns were due to increased quantities in the
crushed surfacing top course and gravel borrow bid items. Additionally, several areas
had to be over-excavated due to the sub-base material not compacting. Field
conditions warranted changes in the thickness of the weed control fabric to allow
construction vehicles to move about the site without damaging the fabric. Other
minor changes were required as the project progressed necessitating change orders.
Adequate funds exist in the project budget to cover this overage.
MOTION: Accept as complete the Green River Nursery Site project.
le
�
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: SODIUM FLUORIDE CONTRACT - AUTHORIZATION
2 . SUMMARY STATEMENT: As recommended by the Public
Works/Planning Committee, authorization for the Mayor to sign
the Sodium Fluoride Contract with Van Waters & Rogers for the
City' s water supply system. The City purchases the sodium
fluoride on an annual basis .
3 . EXHIBITS: Public Works/Planning Committee minutes and Sodium
Fluoride Contract-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:
Councilmember moves , Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3N
Award of Annual Sodium Fluoride Contract for the City's Water SuRply System
Tom Brubaker presented the information that bids had been sought for the furnishing of
sodium fluoride, which is added to the City's water system and purchased on an annual
basis. The low bid was received from Van Waters & Rogers with an estimate of 64 cents
per pound. The annual amount would be 50.000 pounds or approximately $32,000 plus
tax. That amount exceeds the $25,000 limit for Council approval on purchases of goods
under the Citv's local ordinance. and therefore Mr. Brubaker asked the Committee to
forward to Council a motion to award the contract to Van Waters and Rogers. Rico
Yingling made the motion to award the annual sodium fluoride contract for the
Citv's water supply system to Van Waters & Rogers, Inc. in the amount of 64 cents
per pound, plus tax,with a total estimated annual cost of$32,000, plus tax, for
50,000 pounds. The motion was seconded and carried.
The meeting was adjourned at 439 PM.
8201 So. 212rh
Am Van waters & Rogers Inc. Kent, WA 88032
A ROYAL PAKMOED COMPANY (253) 872-5000
Fax (253)872-5041
PRICE QUOTATION FOR
City of Kent
July 16. 1998
Product Product Deposit ged net per lb. Quantity Comments
Number
Sodium Fluoride 502934 50 lb. bag .64 000 bags Price quoted is FOB
delivered
AWWA
(granular)
Order of 1,000 bags will be,
shi ed coraviete
FOB: Delivered
Pnces are guaranteed for 30 days, and subject to change without notification
Terms: Net 30 days
7/16/98 l.e: �fl 'JAN .A :ERS +Y
003 '08/26/96 SODIUM FLUORIDE
PRODUCT IDENTIFICATION/INFORMATION
PRtWUCT NAME: SODIUM FLUORIDE
MSDS NUMBER: P15941V
DATE ISSUED: 5/9/96
ISSUED BY: 005351
SECTION I PRODUCT DESCRIPTION
PRODUCT NAME: SODIUM FLUORIDE, COARSE
SYNONYMS: SODIUM FLUORIDE; SODIUM MONOFLUORIDE
CHEMICAL FAMILY: INORGANIC SALT
CHEMICAL FORMULA: NaF
HEALTH = 3 REACTIVITY = 0
FIRE = 0 EQUIPMENT-
HAZARD RATINGS:
0 = LEAST
2 = MODERATE
4 = EXTREME
1 = SLIGHT
3 HIGH
SECTION II PRODUCT COMPOSITION
INGREDIENT CAS# TLV
SODIUM FLUORIDE 97-100 7681-419-4 2.5 MG(F) /M3
SODIUM SILICOFLUORIDE 0--2 . 5 16693-115-9 2 .5 MG(F) /M3
SECTION III PHYSICAL PROPERTIES
BOILING RANGE: 1704 C / 3099 F
SPECIFIC GRAVITY (WATER=1) : NOT APPLICABLE
BULK DENSITY: 2 .56 G/CC @ 411 C
VAPOR PRESSURE AT 20C (MM OF HG) : NOT APPLICABLE
VAPOR DENSITY (AIR=1) : NOT APPLICABLE
SOLUBILITY IN WATER: 4% @ 25 C
EVAPORATION RATE: NOT APPLICABLE
t VOLATILES: NOT APPLICABLE
APPEARANCE AND ODOR: WHITE GRANULAR SOLID; LITTLE OR NO ODOR.
Stt-TION IV FIRE AND EXPLOSION DATA
LOWER FLAMMABILITY LIMITS (% IN AIR) : NOT FLAMMABLE
FLASH POINT (AND METHOD) : NOT FLAMMABLE
r7/16/9B 10: 46 VAN WATERS & ROGERS p 3
THRESHOLD LIMIT VALUE: TWA= 2 .5 MG(F) /M3
ACUTE TOXICITY: LD50 (ORAL-RAT) 180 MG/KG
MAXIMUM USE FOR FLUORIDATION 2 .3 MG/L
FLAMMABILITY CLASSIFICATION: NOT FLAMMABLE
RECOMMENDED EXTINGUISHING MEDIA: DOES NOT BURN OR SUPPORT COMBUSTION.
USE EXTINGUISHING MEDIA SUITABLE FOR SURROUNDING MATERIALS .
SPECIAL FIRE FIGHTING PROCEDURES: FIRE FIGHTERS SHOULD BE EQUIPPED WITH
APPROPRIATE PROTECTIVE APPAREL AND A NISOH-APPROVED RESPIRATOR. USE WATER TO
COOL CONTAINERS EXPOSED TO FIRE.
UNUSUAL FIRE/EXPLOSION HAZARDS: THERMAL DECOMPOSITION MAY RELEASE
HAZARDOUS FUMES OF HYDROGEN FLUORIDE AND SODIUM OXIDES .
SECTION V HEALTH INFORMATION
OSHA PEL: TWA= 2 . 5 MG(F) /M3
EFFECTS OF OVEREXPOSURE: INHALATION MAY CAUSE SEVERE MUCOUS MEMBRANE
IRRITATION WITH COUGHING, SORE THROAT, SHORTNESS OF BREATH AND LABORED
BREATHING. REPEATED EXPOSURE TO EXCESSIVE CONCENTRATIONS OF FLUORIDE OVER A
PERIOD OF YEARS RESULTS IN INCREASED DENSITY OF BONE AND EVENTUALLY MAY CAUSE
CRIPPLING FLUOROSIS. DUSTS MAY CAUSE IRRITATION TO THE SKIN WITH REDNESS 'AND
PAIN. SODIUM FLUORIDE IS CORROSIVE WHEN IN AN AQUEOUS SOLUTION AND MAY CAUSE
SEVERE BURNS . CONTACT WITH EYES MAY CAUSE SEVERE IRRITATION, REDNESS, PAIN
AND BLURRED VISION. INGESTION MAY CAUSE CORROSION OF THE GASTRIC MUCOSA,
NAUSEA, VOMITING, DIARRHEA, ABDOMINAL PAIN AND THIRST. SERIOUS POISONING MAY
INCLUDE WEAKNESS, TREMORS, CONVULSIONS, COLLAPSE, LOW BLOOD CALCIUM LEVELS AND
COMA. DEATH IS DUE TO CARDIOVASCULAR COLLAPSE, RESPIRATORY FAILURE OR
VENTRICULAR FIBRILLATION_ REPEATED EXPOSURE MAY CAUSE FLUOROSIS. SYMPTOMS
INCLUDE WEIGHT LOSS, BRITTLENESS OF BONES, ANEMIA, WEAKNESS, STIFFNESS OF
JOINTS, MOTTLING OF TOOTH ENAMEL AND OSTEOSCLEROSIS .
EMERGENCY FIRST AID PROCEDURES :
EYE CONTACT: FLUSH WITH LARGE QUANTITIES OF WATER FOR AT LEAST 15
MINUTES . GET MEDICAL ATTENTION IMMEDIATELY.
SKIN CONTACT: REMOVE CONTAMINATED CLOTHING AND SHOES. WASH EXPOSED AREAS
WITH SOAP AND WATER. GET MEDICAL ATTENTION.
INHALATION: REMOVE PERSON FROM CONTAMINATED AREA TO FRESH AIR. IF
BREATHING HAS STOPPED, GIVE ARTIFICIAL RESPIRATION• GET
MEDICAL ATTENTION.
INGESTION: IF CONSCIOUS, DRINK LARGE QUANTITIES OF WATER, 14 CALCIUM
CHLORIDE SOLUTION OR CALCIUM GLUCONATE. DO NOT INDUCE
VOMITING. GET MEDICAL ATTENTION IMMEDIATELY±
LISTED IN THE FOLLOWING:
-INTERNATIONAL AGENCY FOR RESEARCH ON CANCER MONOGRAPHS (IARC) NO
-NATIONAL TOXICOLOGY PROGRAM ANNUAL REPORT ON CARCINOGENS (NTP) NO
-OSHA SUBPART Z NO
-MASSACHUSETTS RIGHT TO KNOW LAWS YES
-NEW JERSEY RIGHT TO KNOW LAWS YES
-COMPREHENSIVE ENV. RESPONSE, COMPENSATION & LI]OTLITY ACT (CERCLA) YES
-RESOURCE CONSERVATION & RECOVERY ACT (RCRA) NO
-SARA 302 EXTREMELY HAZARDOUS SUBSTANCES NO
--- WARNING: THIS PRODUCT CONTAINS DETECTABLE AMOUNTS OF A CHEMICAL KNOWN
--- TO THE STATE OF CALIFORNIA TO CAUSE CANCER/BIRTH DEFECTS OR OTHER
--- REPRODUCTIVE HARM.
SECTION VI REACTIVITY DATA
STABILITY: STABLE
7/16/98 10: '48 VAN WATERS & HIUGK� S P
CONDITIONS TO AVOID: WHEN DISSOLVED IN WATER, SODIUM FLUORIDE FORMS A
CORROSIVE SOLUTION WHICH MAY ATTACK GLASS OR ALUMINUM-
INCOMPATIBILITY WITH OTHER MATERIALS: ACIDS, GLASS, ALUMINUM.
HA�DOUS FEUMBSPOFITION HYDROGENDFLUORIDE ANND MAY RELEASE
SODIUM OXIDES .
HAZARDOUS POLYMERIZATION: WILL NOT OCCUR
SECTION VII SPILL OR LEAK PROCEDURES
PROCEDURES IF MATERIAL IS SPILLED OR RELEASED: SWEEP OR SHOVEL UP AND PLACE
INTO CONTAINERS FOR DISPOSAL. FLUSH SPILL AREA WITH PLENTY OF WATER. WEAR
PROTECTIVE CLOTHING AND APPROVED RESPIRATOR WHEN CLEANING UP SPILLS.
WASTE DISPOSAL PROCEDURES : FOLLOW FEDERAL, STATE AND LOCAL REGULATIONS .
SECTION VIII SPECIAL PROTECTION INFORMATION
RESPIRATORY PROTECTION: A NIOSH-APPROVED RESPIRATOR FOR DUST OR MIST
LOCAL EXHAUST: RECOMMENDED
PROTECTIVE GLOVES: RUBBER
EYE PROTECTION: CHEMICAL SAFETY GLASSES
OTHER PROTECTIVE EQUIPMENT: PROTECTIVE CLOTHING; EYE-WASH; SAFETY SHOWER
SECTION IX ADDITIONAL PRECAUTIONS
PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE:
DO NOT GET IN EYES, ON SKIN OR ON CLOTHING.
U°- ONLY WITH ADEQUATE VENTILATION,
A%,.,,,,,.D BREATHING DUSTS OR MISTS-
DO NOT SWALLOW MATERIAL.
WASH THOROUGHLY AFTER HANDLING.
KEEP BAC OR CONTAINER CLOSED WHEN NOT IN USE.
STORE IN A COOL, DRY AREA.
AVOID CONTACT WITH CLASS, METALS AND OTHER INCOMPATIBLE MATERIALS .
SECTION X TRANSPORTATION REQUIREMENTS
DOT PROPER SHIPPING NAME: SODIUM FLUORIDE
DOT HAZARD CLASS : 6 . 1
PACKAGING GROUP : III
REPORTABLE QUANTITY: 1000 LB
UN/NA IDENTIFICATION NUMBER: UN 1690
DOT LABELS REQUIRED: KEEP AWAY FROM FOOD
DOT PLACARDS REQUIRED: KEEP AWAY FROM FOOD
----------- NOTICE ----•--------------------------------
** VAN WATERS & ROGERS INC. ( "VW6R") EXPRESSLY L)ISCLAIMS ALL EXPRESS OR
- ---------------------------------------------------------------------
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
-----------------------------------------------------------------
WITH RESPECT TO THE PRODUCT OR INFORMATION PROVIDED HEREIN, AND SHALL UNDER
-------------------------------------------------------------------------
J�7/16/99 1
.,.., p; 1}g VAN WATERS & ROG6RS p 5
NO CIRCUMSTANCES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. **
------------------------------------------------ --
ALL INFORMATION APPEARING HEREIN IS BASED UPON DATA OBTAINED FROM THE
MANUFACTURER AND/OR RECOGNIZED TECHNICAL SOURCES. WHILE THE INFORMATION IS
BELIEVED TO BE ACCURATE, VW&R MAKES NO REPRESENTATIONS AS TO ITS ACCURACY OR
SUFFICIENCY. CONDITIONS OF USE ARE BEYOND VW&R6 CONTROL AND THEREFORE USERS
ARE RESPONSIBLE TO VERY THIS DATA UNDER THEIR OWN OPERATING CONDITIONS TO
DETERMINE WHETHER THE PRODUCT IS SUITABLE FOR THEIR PARTICULAR PURPOSES AND THEY
ASSUME ALL RISKS OF THEIR USE, HANDLING, AND DISPOSAL OF THE PRODUCT, OR FROM
THE PUBLICATION OF USE OF, OR RELIANCE UPON , INFORMATION CONTAINED HEREIN.
THIS INFORMATION RELATES ONLY TO THE PRODUCT DESIGNATED HEREIN, AND DOES NOT
RELATE TO ITS USE IN COMBINATION WITH ANY OTHER MATERIAL OR IN ANY OTHER
PROCESS.
* * * E N D O F M S D S
PUBLIC WORKS OPERATIONS
MEMORANDUM
Phone: (253)859-3395 Fax: (253)859-3664
Date: August 10, 1998
To: Don Wickstrom, Public Works Director
From: Brad Lake, Water Superintendent_,
Thru: Eddy Chu, Operations Manager
Subject: Request for Authorization to Purchase Sodium Fluoride Supply for 1998
The City of Kent fluoridates its water supply and has done so for a number of years. In order to
keep the costs down,we purchase a one year bulk supply and store it at Clark Springs -
distributing it to our sources as needed. In keeping with Kent's purchasing policy we have
requested formal bids for 50,000 pounds of sodium fluoride from the suppliers listed below:
Van Waters &Rogers 0.64/lb
Chemtec Products .6671/lb
- Great Western Chemical Co. No bid
Jones Chemical Company Flouride not NSF approved
LCI LTD No bid
As the VanWaters and Rogers Company bid is the lowest and their product meets our
specifications, I am requesting authorization to purchase our sodium fluoride for 1998 from
them.
At the quoted price for 50,000 lbs., the purchase price would be $32,000.00 plus tax and the
funds are budgeted in the Water Department's operating budget. We expect delivery in
approximately 30 days from date of order.
42
Affojo) F3Y mUllc1 CF Y :t J C V GCU&X l L � 0C.MC 45t� 6/ 19`10,
Approved: Date
4ie
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U:Uscrs/Doc/M adelyn/W ater/W tr382.doc
............
;e4l'
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: STILLWATER SHADOWS BILL OF SALE - ACCEPTANCE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, acceptance of the Bill of Sale for Stillwater Shadows
submitted by Finkbeiner Development, Inc . for continuous
operation and maintenance of 937 feet of sanitary sewer, 1, 146
feet of street improvements and 1 , 915 feet of storm sewer and,
release of bonds after the expiration period. The project is
located at 13121 SE 261st Place .
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public works Director
(Committee, Staff , Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 30
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/
Kent City Council Meeting
Date October 6, 1998
Category Consent Calendar
1 . SUBJECT: SWAN VISTA 1 AND 2 BILL OF SALE - ACCEPTANCE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, acceptance of the Bill of Sale for Swan Vista I & II
submitted by Swanson Homes for continuous operation and
maintenance of 658 feet of waterline, 800 feet of sanitary
sewer, 460 feet of street improvements and 995 feet of storm
sewers and, release of bonds after the expiration period. The
project is in the vicinity of 100th Avenue South & Southeast
240th Street .
3 . EXHIBITS : Vicinity map
4 . RECOMMENDED BY: Public Works director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3P
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/0
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: LANG FINAL PLAT FSU-96-25 - SET MEETING DATE
2 . SUMMARY STATEMENT: Set October 20 , 1998 , as the date for a
public meeting to consider the application submitted by Lang
Plat LLC, for the Lang Final Plat . The City council approved
the preliminary plat with conditions on September 2 , 1997 .
3 . EXHIBITS : None
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3Q
/0111
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: DIVERSITY BOARD APPOINTMENTS - CONFIRMATION
2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointment,
of Doug Easter, David Daniels, Steven Kato, Lawrence Lombard,
Jeffrey Pang, Joan Stolt and Anna Ximines to serve as
Boardmembers, in accordance with ordinance No . 3414 , which
established the Kent Diversity Advisory Board.
As specified in the ordinance, the terms of office of the
appointed members shall commence on October 1, 1998 , and shall
be staggered as follows : two members for one-year terms; two
members for two year terms and three members for three-year
terms . Thereafter, all terms will be for three years .
Doug Easter and David Daniels are appointed to serve one-year
terms which will be in effect until September 30 , 1999 .
Steven Kato and Lawrence Lombard are appointed to serve for
two-year terms which will be in effect until September 30 ,
2000 .
Jeffrey Pang, Joan Stolt and Anna Ximines are appointed for
three-year terms which will be in effect until September 30,
2001 .
3 . EXHIBITS: Memorandum
4 . RECOMMENDED BY: Mayor White
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3R
MEMORANDUM
TO: LEONA ORR, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: MAYOR JIM WHITE
14�-
DATE: SEPTEMBER 29, 1998
SUBJECT: APPOINTMENTS TO KENT DIVERSITY ADVISORY BOARD
In accordance with Ordinance 3414,which established the Kent Diversity Advisory Board, I have
appointed seven people to serve on the Board.
I have appointed Doug Easter, David Daniels, Steven Kato, Lawrence Lombard, Jeffrey Pang, Joan
Stolt and Anna Ximines to serve as Boardmembers.
~ As specified in the Ordinance, the terms of office of the appointed members shall commence on
October 1, 1998, and shall be staggered as follows: two members for one-year terms; two members
for two year terms and three members for three-year terms. Thereafter, all terms will be for three
years.
1 have appointed Doug Easter and David Daniels to serve one-year terms that will be in effect until
September 30, 1999.
Steven Kato and Lawrence Lombard are appointed for two-year terms that will be in effect until
September 30, 2000.
Jeffrey Pang, Joan Stolt and Anna Ximines are appointed for three-year terms that will be in effect
until September 30, 2001.
1 submit this for your confirmation.
JW:jb
.......... ..
Kent City Council Meeting
Date October 6 , 1998
Category Consent Calendar
1 . SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENTS -
CONFIRMATION
2 . SUMMARY STATEMENT: Pursuant to Kent City Code 2 . 54 . 020 ,
appointment by the City Council of the following individuals
with their corresponding terms to the Lodging Tax Advisory
Committee :
1 . One year terms - Tom Inman, Linda Johnson
2 . Two year terms - T. James Begin, Don Campbell
3 . Three year terms - Scott Brown, Carol Voss
3 . EXHIBITS: None
4 . RECOMMENDED BY: Council President
(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 . 3S
..............�..
011
Kent City Council Meeting
Date October 6 . 1998
Category Other Business
1 . SUBJECT: KENTVIEW PLANNED UNIT DEVELOPMENT - PUD-98-1
2 . SUMMARY STATEMENT: The Hearing Examiner has recommended
approval of the Kentview Planned Unit Development with
conditions .
3 . EXHIBITS: Hearing Examiner' s Findings and Recommendation
report
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 ( 1 �, moves, Councilmember seconds
�t-o approveA4e;ry the Hearing Examiner ' s recommendation of approval
with conditions of the Kentview Planned Unit Development .
DISCUSSION:
ACTION:
Council Agenda
Item No . 4A
CITY OF Z TEIM
Jim White, Mayor
."rgtw.ev
annmg Department (253)859-3390/FAX(253)850-2544
James P. Harris,Planning Director
OFFICE OF THE LAND USE HEARING EXAMINER
(253) 859-3390 Theodore P. Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: KENTVIEW#PUD-98-1
APPLICANT: Polygon Northwest Company
4030 Lake Washington Blvd NE #201
Kirkland, WA 98033
REQUEST: A request for a Planned Unit Development(PUD)pursuant to Section
15.04.080 of the Kent Zoning Code. The project would consist of
680 attached and detached residential units on 210.7 acres of land
built in three major phases over a 5 to 6 year period. One hundred
acres of this property is planned for open space and recreation areas.
LOCATION: The property is located west of Frager Road and south of 236'h. The
entrance to the development would be in the proximity of 216' St and
42nd Ave S.
APPLICATION FILED: February 4. 1998
DETERMINATION OF
NONSIGNIFICANCE ISSUED: April 4, 1998
MEETING DATE: August 5, 1998
RECOMMENDATION ISSUED: September 2, 1998
RECOMMENDATION: APPROVAL, with conditions
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
Matthews Jackson, Planner/GIS Coordinator
Gary Gill, City Engineer
PUBLIC TESTIMONY: Eric Wells, representing the applicant
Mark Carter
» Keith Houghton
Larry Bretz
':0 Jih.AA[SILSOITH KENT_k�\SHINGTO,A•+ W' II-I.LI WWI ;!ini
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
Barbara Hansen
Karen Tiffany
John Green
Debi Nicholson
Ernest Strickland
Starlene Strickland
Tent' Bowman
Joan Myser
Jer6 Thornton
EXHIBITS: 1. Hearing Examiner file containing Staff Report,
Application,Department comments, Affidavit
of notice, MDNS, and Environmental
Checklist
2. Letter from City of SeaTac, April 2, 1998
3. Letter from Army Corps of Engineers dated
July 23, 1998
4. Preliminary Storm Drainage Calculation
5. Letter from Karen Tiffany, August 5, 1998
6. Letter from the Hansens, August 4, 1998
7. Response letter from Polygon,August 14, 1998
INTRODUCTION
After due consideration of all the evidence presented at public hearing on the date indicated above,
and following an unaccompanied personal inspection of the subject property and surrounding area
by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions
and recommendation are entered by the Hearing Examiner on this application.
SUMMARY OF PROCEEDINGS
The Applicant, Polygon Northwest Company, requests approval for a Master Planned Unit
Development (PUD). The project, known as Kentview, consists of 680 detached and attached
residential units on 210.7 acres of land located west of Frager Road and north of 236' St. in Kent,
WA. The applicant proposes to build in three major phases over a 5 to 6 year period. One hundred
acres of the property would be used for open space and recreation areas.
The Applicant submitted an application on February 4, 1998. The Applicant requested that the
application be processed and approved as a Master Plan, as set forth in K.C.C. 15.04.050 E, which
2
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
allows for construction to take place in phases over a longer period of time. Environmental review
was performed under the State Environmental Policy Act and a revised Mitigated Determination of
Non-Significance(MDNS)was issued on July 21, 1998. No one appealed the revised MDNS within
the 10 days allowed under K.C.C. 11.03.250.
An open record hearing on the application was held before the Hearing Examiner on August 5, 1998.
The City presented a recommendation of approval with conditions. Several citizens testified at the
hearing about concerns related to the proposal including adverse traffic impacts and stormwater
impacts. Many citizens who testified had not reviewed the revised MDNS. The Hearing Examiner
explained that the conditions of the MDNS would be attached to any approval of the application.
With the consent of the applicant,the hearing record was kept open until August 12, 1998 for citizen
review of the MDNS and comment on the traffic impacts that might not be addressed by the MDNS.
The Applicant was given until August 19, 1998 to respond to any citizen comments received. One
comment was received and responded to by the Applicant. The record was closed on August 19,
1998.
Upon consideration of the testimony and exhibits submitted at the open record public hearing, the
following Findings, Conclusions and Recommendation are made by the Hearing Examiner:
FINDINGS
1. The Applicant requests approval of a Residential Planned Unit Development, processed
under the Master Plan review procedure. The Applicant proposes to build 680 residential
units on 210.7 acres of land comprised of 19 existing tax parcels. The subject property is
located west of Frager Road and north of South 236' Street in Kent, WA. The project would
be built in three major phases over a five to six ,year period. Exhibit IB, Application,-
Testimony of Mr. Wells.
2. The residential units would be grouped into nine separate neighborhood pods. These units
would consist of various housing types, including single family detached homes, single level
(low density) townhomes, stacked (medium density) townhomes, and carriage homes.
Attached housing units would be designed to look like large single family houses. Within
an individual neighborhood pod,the residential units would display a common theme, while
still varying in building material, building orientation, and design. The neighborhood pods
themselves would vary as to theme and housing type. Approximately 2.5 acres of the
property would be used for active and passive neighborhood recreation areas.
Approximately 104 acres would be left as permanent open space. The neighborhood pods
would be generally located close together with the open space surrounding the development.
One of the nine pods could be a potential thirteen-acre site for a school or recreation area.
Exhibit 1b, Application with attachment p.2, p. L-1, L-2, L-3, L-4, L-5 — Master Plan,
topography, and conceptual open space, recreation areas and neighborhoods; Testimony
of Mr. Wells.
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
3. The subject property was annexed to the City of Kent on June 1, 1959. Most of the subject
property was formerly known as the Kent Highlands property,owned by the City of Seattle,
and adjacent to the Kent Highlands Landfill. The City of Seattle was required to clean up
the subject property after the landfill was closed. Exhibit la, Staff Report; Testimony of Mr.
Jackson.
4. The subject property is within two zoning categories. 178.5 acres is zoned SR-3, Single
Family Residential, with a maximum density of 3.63 units per acre. The remainder of the
site, 32.2 acres, is zoned A-1, Agricultural, with a maximum density of one unit per acre.
Based on the underlying zoning designations, the maximum number of housing units
allowed for the subject property is 680. PUDs developed with condominiums are not eligible
for density bonuses. K C.C. 15.04.080 B(4); Exhibit 1 a, Staff Report.
5. The zoning to the north and west of the subject property is A-1, Agricultural. To the south,
the zoning is SR-1, Residential Agricultural. To the east, the zoning is MRM, Medium
Density Multifamily Residential. Portions of the property bordering this proposal on the
north and west are in the boundaries of the City of SeaTac. Exhibit I a, Staff Report.
6. The Kent Zoning Code requires that the principally permitted uses in a proposed PUD be the
same as those permitted in the underlying zoning classifications. K.C.C. 15.04.080 B(I).
The principally permitted use in the SR-3 and A-1 zoning districts is the detached single
family residence. Attached dwelling units are permitted in a PUD only if they are
condominiums created in accordance with the Washington Condominium Act, RCW 64.34.
K.C.C. 15.04.080 B(4). The attached residential units in the proposed development would
be condominiums. Exhibit I b, Application; Testimony of Mr. Wells.
7. The City of Kent Comprehensive Plan Land Use Map designates most of the site as Si
Single Family Residential,three units per acre maximum density. Neighboring land uses are
primarily single family detached residential. Some of these lots are multiple acres in size,
and agricultural uses are still present in the vicinity. The steep slopes on the western portion
of the subject property are largely undeveloped. East of the site, across the Green River, is
a mixture of older single family detached homes, light industrial/commercial uses, and the
Green River Enhancement Area. Exhibit ]a, Staff Report; Site Visit.
8. The Land Use Element of Kent Comprehensive Plan states that one of the policies of the City
is to "provide enough land in the City's urban growth area to accommodate the level of
household growth projected to occur in the next 20 years." Kent Comprehensive Plan Policy
LU-1.1. The Comprehensive Plan also lists several goals relevant to this application
including goals to provide a variety of housing types, options and densities; to encourage
high quality site and building design; and to protect environmentally sensitive areas by
encouraging clustering and planned unit development. Kent Comprehensive Plan Goals LU-
4
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
9, LU-10, LU-20. The Housing Element of the Comprehensive Plan states that its primary
goal is to meet the current and future need for housing in the Kent area, including affordable
housing. Kent Comprehensive Plan Goals H-2, H-4, and Policy H4.1. The Economic
Element of the Comprehensive Plan states that the city should allow for flexibility and
creativity in the site development process, and encourage condominiums and private cluster
housing as alternatives to stacked apartment units. Kent Comprehensive Plan Policies ED
1.7.2 and 2.2.
9. The topography of the site is varied. The western portion of the property is covered with
steep slopes, some of which exceed 40%. Portions of the site are shown as hazard areas on
the Kent Hazard Area Development Limitation Map. Towards the east, as the subject
property approaches the Green River, the topography flattens. The terrain varies between
pasture, forested hillsides, forested lowlands, and wetlands. Exhibit lb, Application with
attached topography map; Site Visit.
10. The Applicant proposes to restrict grade and fill activity to approximately 200,000 cubic
yards of earth on the site. No importing or exporting of fill material would occur. There are
significant trees of six inches or greater caliper located on the property. The Applicant
proposes to submit a tree plan that would delineate clearing limits and trees for retention.
Exhibit le, MDNS.
rt 11. There are five wetland areas within the eastern portion of the subject property. These
wetlands were used for stormwater detention in conjunction with mining activities in the area
in the 1960's and 1970's. The Army Corps of Engineers has given the Applicant approval
to use the four large wetlands to collect all on-site surface water runoff. The Corps
concluded that with mitigation measures such as biofiltration and oil/water separators, the
proposed development would not adversely affect these wetlands. The Corps also
determined that the development activities proposed by the subject application are outside
of the Corps'jurisdiction. Exhibit 3, Letter from Army Corps of Engineers, dated July 23,
1998; Exhibit 4, Storm Drainage Calculations.
12. The street system surrounding the property is narrow,winding and unimproved. Frager Road
runs along the Green River on the eastern border of the property. South 216' Street runs due
west from Frager Road along the northern edge of the property, where it intersects with the
southern end of 42"d Avenue South. From there, 216' Street becomes 40' Place South and
then 37' Place South as it winds up the west hill towards Military Road. There are no roads
along the western or southern borders of the property. The current average daily traffic along
42"d Avenue South is approximately 4,500 vehicles. The Kentview development would add
an estimated 6,494 daily and 687 PM peak hour trips to the local street system. Exhibit ]a,
Staff Report; Exhibit 1 b, Application with attached Master Plan and Vicinity Map; Site Visit.
5
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
13. The applicant proposes a single main entrance to the development through which all residents
would enter. The entrance would be landscaped and signed. The entrance to the
development is proposed to be in the proximity of South 216"Street and 42nd Avenue South.
An internal loop road would be required to provide access to individual neighborhood pods.
Roads within the development and approaching the development would be widened and
improved with curbs, gutters,and sidewalks. There would be a network of both public and
private streets within the development. Specific improvements to the street system would
be required pursuant to the revised MDNS issued on July 21'. Conditions 1 — 17 on pages
1 — 9 of that MDNS address specific mitigation measures designed to mitigate probable
significant adverse impacts from increased traffic related to the proposed development.
These conditions were not appealed by the applicant or anyone else. Exhibit le, MDNS,-
Testimony of Mr. Jackson.
14. The Highline Water District could provide water service to the site. Existing 18" water
mains could be tapped in 37' Place South and South 216' Street. The internal loop road
could be used for internal delivery of water. A condition of the revised MDNS requires that
all existing wells in the area be abandoned. No one appealed the revised MDNS. Exhibit
le; Exhibit la, Staff Report; Testimony of Mr. Jackson.
15. The City of Kent could provide sanitary sewer service to the site. A pedestrian bridge
proposed in conjunction with this application could bring sanitary sewer across the Green
River. A sewer lift station and force main could be constructed to carry flows over the river.
Extending sanitary sewer to the west side of the river could give sewer access to adjacent
properties, as well as approximately 200 acres located in the City of SeaTac. Condition 29
of the MDNS includes specific requirements to mitigate probable significant adverse impacts
to the sewer collection system related to this proposed development. No one appealed the
revised MDNS. Exhibit ]a, Staff Report; Exhibit 2, Comment letter from the City of SeaTac;
Exhibit le, MDNS.
16. A preliminary stormwater drainage plan has been prepared and approved by the City of Kent
Public Works Department. The proposed system would collect runoff from each
neighborhood pod and the internal street system and convey it to one of several water quality
facilities that would include biofiltration swales, wetponds and created wetlands. The
discharge from these facilities would enter one of the existing interconnected wetlands as
approved by the Army Corps of Engineers. Approved detailed drainage plans would be
required prior to issuance of any construction permits. Conditions 18 —24 on pages 9—11 of
the revised MDNS provide specific mitigation measures designed to mitigate probable
significant adverse impacts from increased stormwater runoff related to the proposed
development. These conditions were not appealed by the applicant or anyone else. Exhibit
le, MDNS; Exhibit 3, Army Corps of Engineers letter; Exhibit 4, Storm Drainage
Calculations; Testimony of Mr. Gill.
6
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
17. A revised MDNS was issued on July 21, 1998,with 34 conditions. In addition to conditions
intended to mitigate probable adverse impacts from the proposal due to increased traffic and
stormwater runoff, the revised MDNS requires mitigation of probable adverse impacts to
wetland areas(delineation and protection of buffer areas) and to the fire department(aid car
must be purchased by applicant and sprinklers must be installed). Exhibit 1 e, MDNS.
18. Many comments were received on potential adverse traffic impacts, both from agencies and
individual citizens. The Washington State Department of Transportation, in a letter dated
April 3, 1998, recommended that a traffic study be prepared for intersections impacted by
ten or more of the project's generated peak hour trips and that mitigation measures be
determined. The City of SeaTac, in a letter dated April 2, 1998, expressed concern about
potential adverse traffic impacts. The City of SeaTac stated that South 216d' Street, 42nd
Avenue South, 40d'/37t° Place South and 35' Place South are heavily traveled during peak
rush hour periods due primarily to Boeing employee traffic resulting in significant backups
and congestion. The City of SeaTac recommended that the main entrance of the
development be aligned with the intersection of South 216'at 42"d South;that vehicle traffic
west of 42nd South be discouraged due to steepness of grade; that 40'Avenue South should
be emergency access only; and that additional roadway improvements be made for 42"d Ave.,
S. 216' St., and Frager Road. Exhibit 2, Comment letters. These concerns were addressed
by the City in the revised MDNS issued July 21, 1998, which called for widening of the
roads approaching the development, intersection improvements, improvements of those
roads including curb, gutter and sidewalk, and restrictions on the use of 40' Avenue South
where would enter the development. The MDNS was not appealed. Exhibit le, MDNS.
Citizen letters and testimony received after the issuance of the MDNS emphasized the
already dangerous conditions on 42"d Avenue South, 216' Street, and 40d'/37' Place South.
One letter expressed the opinion that the MDNS conditions do not "realistically address
additional stress to the roadways in and out of the valley."Letter from Stephen and Barbara
Hansen, dated August 10, 1998; Citizens also voiced concerns about speeding traffic coming
down the west hill and testified to the increase in the number of accidents. Testimony of
Mark Carter, Keith Houghton, Larry Bretz, Barbara Hansen; Jackie Davis; Debbie
Nicholson; Ernie Strickland; Joan Mezer; Jere Thornton.
19. The Applicant responded to traffic concerns by asserting that the proposed development with
the conditions imposed by the MDNS and the Planning Department would provide traffic
improvements sufficient to relieve an already congested system and accommodate the
projected increase in traffic due to the development. The Applicant also proposes to connect
the the development from into the 224d'/228' Corridor project. Exhibit le, MDNS; Exhibit
7, Letter from Eric H.G. Wells, dated August 14, 1998.
20. Citizen testimony raised concerns about adequate stormwater drainage. One citizen testified
that he had standing water on his nearby property every 2 to 3 years. Testimony of John
Green. Concerns were also expressed about well contamination. Exhibit 5, Letter of Karen
7
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
Tiffany. The Applicant responded that the development would address ston:nwater issues
based on the MDNS requirements,the stormwater drainage calculations and the Army Corps
of Engineers requirements. The Applicant would be required to provide approved detailed
drainage plans before any construction could begin. All wells on the site must be abandoned
as required by the MDNS. Exhibit le, MDNS; Exhibit 3, Comment letter from Army Corps
of Engineers; Exhibit 4, Stormwater Drainage Calculations; Testimony of Mr. Wells.
21. Citizen testimony raised concerns about the impacts the proposed development would have
on the neighborhood lifestyle. One citizen stated that"(t)he entire idea of living in the rural
area of West Kent Valley was the ability to have a serene, rural setting on 1+ acre lots."
Exhibit 5, Letter from Karen Tiffany. Another citizen expressed concern that the proposed
road widening might require removal of her barn. Testimony of Debbie Nicholson. The City
responded that the proposed development was consistent with the vision of the City as
expressed in its Comprehensive Plan. Testimony of Mr. Jackson.
22. Proper notice of the open record public hearing was given. Exhibit Id, Affidavit of Notice.
CONCLUSIONS
Jurisdiction
The Hearing Examiner is authorized to hear and make a recommendation to the City Council on
applications for Planned Unit Developments under K.C.C. 2.32.090, and K.C.C. 15.04.080 F(7).
Those sections state that "for PUDs which propose a use which is not typically permitted in the
underlying zoning district as provided in section 15.04.080 B(4), the hearing examiner shall forward
a recommendation to the city council which shall have the final authority to approve or deny the
proposed PUD."
Criteria
The Master Plan PUD process, as outlined in K.C.C. 15.04.080 E, provides for review of a
"generalized,conceptual development plan on a site which would then be constructed in phases over
a longer period of time than a typical planned unit development. The master plan application shall
provide sufficient detail of the scope of the development, the uses, the amount of land to be
developed and preserved, and how services will be provided." K.C.C. 15.04.080 E (1). The plan
is reviewed under the same criteria as a standard PUD. Once approved,the review of any phase of
the development is accomplished administratively without additional hearings unless major
modifications are made to the proposal. K C.C. 15.04.080 E(6).
The City Council has strictly limited the role of the Hearing Examiner in review of a Master Plan
PUD application. The review occurs early on in the planning stages for the Master Plan PUD. The
open record hearing is held on a conceptual layout and design. The review criteria used by the
Examiner in his recommendation for granting or denying an application are very general; unlike
8
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
review criteria for preliminary plats. Similarly, the Hearing Examiner does not have authority to
review the MDNS conditions since the MDNS was not appealed. The City Council has elected to
rely on administrative review of the specific development activity if a Master Plan PUD conceptual
design is approved. Under the subsequent administrative review process set form in K.C.C.
15.09.045, each neighborhood building area is reviewed in more detail as to integration with the
surrounding neighborhood,traffic, safety, landscape, vegetation,and building design. Clearly, any
administrative review must be consistent with the guidelines given by the City Council in the
Comprehensive Plan, ordinances and the Council decision on a Master Plan PUD.
In his review of this application, the Hearing Examiner is directed by the Council to recommend
granting, denying or conditioning an application for a planned unit development after making the
following determinations:
a. Whether the proposed PUD project will have a beneficial effect upon the community
and users of the development which would not normally be achieved by traditional
lot-by-lot development and shall not be detrimental to existing or potential
surrounding land uses as defined by the comprehensive plan.
b. Whether unusual environmental features of the site will be preserved, maintained and
incorporated into the design to benefit the development and the community.
C. Whether the proposed PUD project will provide areas of openness by using
techniques such as clustering, separation of building groups, and use of well-
designed open space and landscaping.
d. Whether the proposed PUD project will promote variety and innovation in site and
building design. Buildings in groups must be related by common materials and roof
styles, but contrast shall be provided throughout the site by the use of varied
materials, architectural detailing, building scale and orientation.
e. Whether the building design will be based on a unified design concept, particularly
when construction will be in phases.
Kent City Code §15.04.080 G.
Based on the Findings specific above, the Hearing Examiner makes the following
determinations as expressed in the Conclusions below:
Conclusions Based on Findings
1. The proposed PUD project will have a beneficial effect upon the community and users
of the development which would not normally be achieved by traditional lot-by-lot
development and shall not be detrimental to existing or potential surrounding land uses
as defined by the comprehensive plan. The Kentview development will provide 680
residential units of varying styles, designs and costs that will contribute to the community's
future housing stock and help accommodate future growth. The residents of the development
9
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
will have cohesive neighborhoods, active and passive recreation areas, and large areas of
open space. The proposed development meets the density and use requirements. The
development as proposed and conditioned provides for mitigation of traffic and stormwater
impacts,with on-going monitoring to ensure that these impacts are addressed as the buildout
proceeds so that surrounding properties are not detrimentally affected. The extension of
sewer service to the development will also provide an opportunity for sewer hookup to
surrounding residents. Findings of Fact 1, 2, 4, S, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17.
2. Unusual environmental features of the site will be preserved, maintained and
incorporated into the design to benefit the development and the community. The
subject property presents topographical challenges to development. By using the PUD
process,the Applicant will be able to make better use of the developable space than with a
traditional lot development. By clustering the residential units, large areas of open space are
left and sensitive areas such as steep slopes and wetlands are protected. A tree retention
plan will help ensure protection of trees reasonably outside of the scope of the development
areas. The proposed preliminary stormwater drainage plan incorporates the existing
wetlands into a stormwater drainage system that will help protect water quality through the
use of biofiltration systems and water treatment facilities. Traffic mitigation requirements
will help mitigate the congestion and safety issues presented by the steep gradient of the
roads coming down the west hill. Findings of Fact 2,8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20.
3. The proposed PUD project will provide areas of openness by using techniques such as
clustering, separation of building groups, and use of well-designed open space and
landscaping. The proposed PUD leaves approximately 100 acres in open space and clusters
the 680 residential units into eight neighborhood pods in the remaining acreage. The pods
include active and passive recreation areas and are surrounded by large areas of open space.
Landscaping will be reviewed administratively at the time that each neighborhood pod is
approved for construction. Landscape plans must meet code requirements designed to screen
adjacent uses from each other and maximize the benefits of open space. Findings of Fact
1, 2, 8, 13.
4. The proposed PUD project will promote variety and innovation in site and building
design. Buildings in groups will be related by common materials and roof styles, but
contrast will be provided throughout the site by the use of varied materials,
architectural detailing, building scale and orientation. The Applicant has proposed a
variety of housing types and styles. The types of residential units vary from detached single
family residences, low and medium density townhouses, and carnage houses. Attached
housing will be designed to look like large single family residences. Within each
neighborhood pod, the residential units will have a unifying look but with individual
differences obtained by variations in building materials, design and orientation. The
neighborhood pods will vary as to theme and housing type, creating a group of small
10
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
neighborhoods within the development. Further building design review will occur
administratively as buildout progresses. Findings of Fact 1, 2, 8, 13.
5. Building design will be based on a unified design concept, particularly when
construction will be in phases. While the neighborhood pods will each have their own style
and type of residential unit, the pods as a whole will blend together into a cohesive and
diverse residential development. The neighborhood pods are generally located close together
with the open space surrounding the development. Active recreation areas are shared among
neighborhood pods. As proposed and conditioned, there is a single main entrance to the
development through which all residents will enter. This entrance will be landscaped and
signed and, thus, help provide a sense of neighborhood identify for the residents of the
proposed development. Findings of Fact 1, 2, 8, 13.
Discussion
This application is the first to be reviewed under the Kent Master Plan PUD ordinance adopted by
the City Council in December 1997. Implementation of that ordinance has raised some concerns
among the public. A primary concern of the public at the open record hearing was the relationship
of the Mitigated Determination of Nonsignficance issued under the State Environmental Policy Act
to the decision made under the Master Plan PUD ordinance. The City issued an extensive and
detailed MDNS and revised MDNS in an effort to address environmental concerns associated with
the proposed development. Not all citizens had reviewed that MDNS at the time of the open record
hearing. When additional time was allowed by the Hearing Examiner to provide written comment
following review of the MDNS, only one citizen responded. This may indicate an increased level
of acceptance of the proposed project once the mitigation measures in the MDNS have been
reviewed.
It should be noted, however, that while the MDNS contains 34 conditions in order to mitigate the
effects of this proposal, these conditions are to mitigate "significant adverse impacts on the
environment" from the proposed development as defined by the State Environmental Policy Act.
See, generally, RCW 43.21C. The MDNS is not intended to address other potential adverse impacts
to residents of surrounding neighborhoods. Those concerns. such as the impact of increased traffic
and stormwater runoff on specific properties, are to be addressed by the Master Plan PUD review
process. The Hearing Examiner shares the citizen concerns about the potential traffic and
stormwater impacts that this development may have on those who currently reside in the area
surrounding the proposed development. The Examiner highly recommends that additional traffic
and stormwater analyses be undertaken and reviewed for additional mitigation requirements after
each phase of the development. In this way, there will be some assurance to citizens in the area that
unanticipated impacts from increased traffic and stormwater runoff can be mitigated in the future.
11
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends approval
of this application for a Master Planned Unit Development, with the following conditions:
1. Comply with all of the conditions listed in the MDNS dated July 21, 1998 (ENV-98-8).
2. Recreation Area#1 shall be completed in conjunction with the completion of pods A and C.
Recreation Areas #2 and#3 shall be completed in conjunction w:;n the completion of pods
B, D, E and F. Recreation Area#4 shall be completed in conjunction with pods I and G.
3. The homeowners association shall permanently maintain the active recreation areas. A
maintenance agreement to this effect shall be included in the conditions, covenants and
restrictions for the development.
4. The conditions, covenants and restrictions for the project shall require the proposed native
vegetation areas to be designated as permanent and be left as native vegetation.
5. Construction practices of any kind shall take place within the area designated to be retained
in native vegetation.
6. The Applicant shall submit to the Planning Department a tree plan which clearly shows
permanent open space, and individual and groups of trees of at least six inches in caliper.
7. The applicant shall submit to the Planning Department a recorded copy of the final version
of the covenants, conditions and restrictions, which includes the City's required language,
prior to issuance of any building permits for the site.
8. The applicant must get approval from the Planning and Public Works Departments on the
types and spacing of street trees along the internal loop road.
9. Traffic and stormwater analyses shall be performed after each of the three major phases of
development to determine what the actual impacts are on the neighborhood and envy; ::_*Went
from completion and occupation of ea:h development phase. The Department of colic
Works shall define the scope of the anaivsis and the time for completi- The Department
of Public Works shall review the analysis for completeness and shall determine if additional
mitigation is required to reduce impacts to the surrounding neighborhood and the
environment. Necessary additional mitigation must be completed before any additional
construction is allowed to occur.
12
Hearing Examiner Findings and Recommendation
Kentview PUD
#PUD-98-1
Recommended this 2nd day of September 1998.
Theodore Paul Hunter
Hearing Examiner for the City of Kent
APPEALS FROM HEARING EXAMINER RECOMMENDATION
ORDINANCE 3320 (excerpt): The action of the city council, approving, modifying, or rejecting
a recommendation or decision of the hearing examiner, shall be final and conclusive, unless within
twenty-one (21) calendar days of the city council action, an appeal is filed with the Superior Court.
13
City of Kent - Planning Department
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APPLICATION NAME: Kentview
NUMBER: #PUD-98-1 DATE: August 5, 1998
F QUEST: Planned Unit Development A.A.
LEGEND
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Kent City Council Meeting
Date October 6 , 1998
Category Bids
1 . SUBJECT: GARRISON CREEK RESERVOIR SEISMIC UPGRADE
2 . SUMMARY STATEMENT: The bid opening for this project was
held on October 1st with two bids received. The apparent low
bid was submitted by Able Wright & Company in the amount of
$49, 798 . 53 . The Engineer' s estimate was $65, 160 .
The Public Works Director recommends that this contract be
awarded to Able Wright & Company.
3 . EXHIBITS: Public Works Director memorandum
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $49 , 798 . 53
SOURCE OF FUNDS : (WA7) Seismic Vulnerability Study
7 . CITY COUNCIL ACTION:
Councilmember (�L moves, Ccuncilmember//)6jan/2 seconds
that the Garrison creek Reservoir Seismic Upgrade be awarded to
Able Wright & Company for the bid amount of $49 , 798 . 53 .
DISCUSSION: _YZC% /)
ACTION: nw '--X
Council Agenda
Item No . 5A
DEPARTMENT OF PUBLIC WORKS
October 6, 1998
TO: Mayor &_City Council
FROM: Don Wickstrom
RE: Garrison Creek Reservoir Seismic Upgrade
Bid opening for this project was held on October 1" x\rith 3 bids received. The
apparent low bid was submitted by Able Wright & Company in the amount of
$49,798.53. The Engineer's estimate was $65,160.00.
The Public Works Director recommends the award of this contract to Able Wright S:
Company.
BID SUMMARY
Able Wright & Compam, 549,798.53
Gary Harper Construction S61 ,693.49
Engineer's Estimate S65,160.00
MOTION:
Councilmember moves Councilmember_ seconds that the
contract be awarded to Able Wright & Company, for the bid amount of 549,798.53.
................... .
Kent City Council Meeting
Date October 6 , 1998
Category Bids
1 . SUBJECT: 1998 MISCELLANEOUS WATER MAIN IMPROVEMENTS
2 . SUMMARY STATEMENT: The bid opening for this project was
held on September 30th with 11 bids received. The apparent low
bid for Schedule III of this contract was submitted by Kar-Vel
Construction in the amount of $45 , 158 . 05 . The Engineer' s
estimate for Schedule III was $53 , 436 . 63 .
The Public Works Director recommends that Schedule III of this
contract be awarded to Kar-Vel Construction and also recommends
that Schedules I and II be awarded to Kar-Vel Construction if
the City obtains the necessary right-of-way and utility
easements within a feasible time frame, as determined by the
Public Works Director.
3 . EXHIBITS: Public Works Director memorandum
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff , Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $45 , 158 . 05
SOURCE OF FUNDS : Miscellaneous Water Fund
7 . CITY COUNCIL ACTION:
Councilmember h". moves, Councilmember seconds
that the 1998 Miscellaneous Water Main Improvements ,
Schedule III be awarded to Kar-Vel Construction for the bid
amount of $45 , 158 . 05 and also approves the award of Schedules I
and II to Kar-Vel Construction if the City obtains the
necessary right-of-way and utility easements within a feasible
time frame, as determined by the Public works Director .
DISCUSSION:
ACTION:
Council Agenda
Item No. 5B
DEPARTMENT OF PUBLIC WORKS
October 6, 1998
TO: Mayor & City Council
FROM: Don Wickstrom
RE: 1998 Miscellaneous Water Main Improvements
Bid opening for this project was held on September 30`h with I I bids received. The apparent low
bid for Schedule III of this contract was submitted by Kar-Vel Construction in the amount of
$45,158.05. The Engineer's estimate for Schedule III was $53,436.63.
The Public Works Director recommends that Schedule III of this contract be awarded to Kar-Vel
Construction.
BID SUMMARY
Schedule III
Kar-Vel Construction $45,158.05
CC Edwards Construction $46,258.17
Taurman Pacific, Inc. $48,234.69
RIC $52,855.62
M Shear Transport $53,086.40
V & J, Inc. $54,457.47
Tydico, Inc. $54,783.27
Sanders General Construction $56,308.56
West Coast Construction S61,918.29
DPK, Inc. $65,876.76
GMC, Inc. S73,343.01
Engineer's Estimate $53,436.63
MOTION:
Councilmember moves, Councilmember_seconds that the 1998 Miscellaneous Water
Main Improvements, Schedule III be awarded to Kar-Vel Construction for the bid amount of
S45,158.05 and also approves the award of Schedules I and II to Kar-Vel Construction if the City
obtains the necessary right-of-way and utility easements within a feasible time frame, as
determined by the Public Works Director.
............ ..
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 - PROPERTY ACQUISITION
OPERATIONS COMMITTEE MINUTES
September 1, 1998
COMMITTEE MEMBERS PRESENT: Judy Woods, Chair, Sandy Amodt, Tim Clark
STAFF PRESENT: Brent McFall, May Miller, John Hodgson, Roger Lubovich, Fred Satterstrom,
Sue Viseth, Anh Hoang, Jackie Bicknell
PUBLIC PRESENT: Tad Eversole, Joe Cox, Leroy Gmazel
The meeting was called to order at 3:38 PM by Chairperson, Judy Woods
A roval of Minutes from Aug. 4 1998 Operations Committee Meeting•
A correction was made on page two changing VIP to CIP. Tim Clark moved to approve the
minutes as corrected. The motion carried with a vote of 3-0.
Approval of Combined Check-Detail Vouchers Dated 8/15/98 & 8/31/98
Finance Division Director, May Miller, informed the Committee that the vouchers dated 8/15/98 had
already been approved and signed. Ms. Miller presented the vouchers of 8/31/98 in the amount of
$2,563,623.64. Tim Clark moved that the vouchers dated 8/31/98 be approved. The motion
carried with a vote of 3-0.
Compensation for Councilmembers
City Attorney, Roger Lubovich, explained to the Committee that 2 years ago the City amended its
compensation for Council provisions in City Code by providing a$50 per month increase in salary
from$500 to $550 per month. Also provided at that time was a cost of living increase of 75% of the
Consumer Price Index annually. The City Attorney's office had reviewed the increase based on a
COLA and thought it was appropriate. Municipal Research, who has put out an opinion based on
the issue, also had taken the position that it was appropriate to establish a cost of living adjustment
on Council salaries based on the CPI.
The State Auditor has taken a contrary position on the COLA issue that is based on a 1992 Attorney
General's opinion and a Thurston County Superior Court case dealing with county commissioners.
The attorney general's opinion and the court case both stated that the establishment of salaries
through an outside entity is an improper delegation of legislative authority and is unconstitutional as
it violates the provisions for Title 35A. The state constitution and Title 35A Code for Cities states
that Council cannot increase its salary during its term, although an increase can be made for a term
to begin after the expiration of the current term. The court did say that a COLA that is fixed
specifically at the beginning of a term such as a 3% COLA that took effect every year would be
acceptable. The COLA cannot be based on some undetermined factor at the time a person takes
office, and any changes to establish a COLA cannot be done for an existing term as it would create a
change in the existing salary.
Mr. Lubovich informed the Committee that the COLA in place now for Councilmembers should be
removed. Removing the COLA would remove the extra S15.00 per month that Councilmembers
have been receiving and their salaries would revert to the original $550 per month. Councilmembers
would not have to reimburse the COLA payments already received.
Committee member, Sandy Amodt, moved that the Operations Committee recommend to the
Council the adoption of the Ordinance amending Chapter 2.01 of the Kent City Code to
eliminate cost of living adjustments to Councilmember salaries. The motion carried with a 3-0
vote.
Mr. Lubovich informed the Committee of the options to establish a COLA based on a fixed amount.
or to make an adjustment to Councilmember salaries. He said he had asked Employee Services to
conduct a compensation survey of 12 jurisdictions. (The survey was handed out to Committee
iVembers.) The survey found that The City of Kent is below all other jurisdictions surveyed in
salary for Councilmembers. The average salary for the 12 jurisdictions is $792.13 per month for
Councilmembers and$1,000 per month for Council President. The Council President received an
average of$200 more than other Councilmembers.
Chairperson, Judy Woods, made an information point that, if Council votes a salary increase, the
current members do not receive the increase until they run for and have secured re-election. Thus,
Councilmembers may receive different salary amounts depending on their election date.
July 1998 Financial Report
May Miller, Financial Director, presented the July 1998 Financial Report. Ms. Miller stated that the
month of July was 6% over budget. The expenditure side is around 3% and on trend. The result is
that the City budgets conservatively and underspends on some expenditures. Ms. Miller stated that
Property Tax is within$31,000 of the $15,000,000 budget. Sales Tax is $1.4 million over budget.
There are 8 vendors doing automation projects in the City and their revenue has been tapering off.
In the Utility tax area, US West will do a one-time-only rebate of about$220,000. Building Permits
are at 111% of the budget for July and as a reflection of this activity, the dollar value has doubled
from a year ago.
Intergovernmental revenue has decreased $439,000 over what was budgeted because of not
receiving the corrections revenue the City used to charge the US Marshall's office. The $439,000
has been subtracted out of the budgets for this year and next year, but is partially offset this year by
the amount of money that will be received from the EMS. Next year's budget will show the increase
in property tax from bringing in the Meridian Valley and Del Mar annexations. Golf revenue
through July is $203,000 under budget or about 10%. In summary, the budget is consistent.
Garrison Creek Handball Court Walls
Parks Director, John Hodgson, shared with the Committee that the City is under contract to a
construction company for renovation of Garrison Creek Park. Mr. Hodgson recapped the process of
the renovation "Master Plan" started in 1996 which included two public hearings, four meetings of
the Advisory Board, a meeting with the Parks Committee to adopt the Master Plan, and an eighth
meeting with the Council. Seismic studies say the current handball courts need to be moved as they
are not seismically secure in the event of an earthquake. They were built next to a 6 million gallon
reservoir, and though not attached, are susceptible to damage as studies showed one of the walls to
be about 2-3 feet out of plumb. In the Master Plan, the committee recommended the relocation of
the courts on the existing site from the down slope side of the park to an upper comer near the
parking area.
Since that time, there have been engineering reviews that state the proposed hillside at Garrison
Creek is too slippery for relocation there. This past month a contractor was awarded the bid to
renovate the park and is on sight and in the process of demolishing everything and starting over,
including the handball courts.
Interested handball players came to the September 25, 1998 Parks Committee Meeting and requested
a reconsideration of demolition and relocation of the handball courts. The Parks Department has
since talked to existing consultants and architects, and engineering has looked at the contract and
believes the courts need to come down and be relocated in another place. Renovation is now at a
stage where the recommendation is to proceed and get the project done before the rainy season
starts.
Mr. Hodgson stated that the Parks Department has looked at the current skate park as a possible
relocation site, but Puget Sound Energy opposed that site as the height of the court walls at 20 feet
does not allow for enough safety clearance between the courts and the power wires. The Parks
Department is now looking at West Fenwick Park as a relocation site.
Handball Player, Tad Eversole, 12624 SE 166`h, Renton, stated that he felt it was a mistake to take
down the courts . He said he had seen seismic studies and other statements that said the courts could
be stabilized. He feels the City can save money by improving the existing site.
Handball Player, Leroy Gmazel, 5700 390d' Ave. S.E., Snoqualmie, stated his feelings that
replacement in the existing location would allow the city to retain a very valuable resource that is
diminishing in this region. Mr. Gmazel said this was the first time he had seen the information that
supported the seismic consideration. He made the distinction that the side walls were perpendicular
to the reservoir walls and said a 2-3 foot out of plumb wall could not be used to play handball on.
Mr. Gmazel stated that KPFF Consulting Engineers found that the south wall is the only wall that is
out of plumb and only 4-5 inches which still makes a playable wall. The KPFF recommended either
removal or replacement of the walls, which left the option of retaining the current site, and suggested
that the possibility of the walls being overstressed in an earthquake could be remedied by redesign of
wing walls. KPFF recommended working with the Parks Dept. to repair and anchor the leaning
wall. Mr. Gmazel informed the Committee that there was nothing in the report that said to eliminate
the three handball courts.
Committee Member, Sandy Amodt, questioned whether there had been a cost analysis of relocation
versus repair. John Hodgson said that there had not been a fmancial analysis of repair.
Handball Player, Joe Cox. 7735 271h SW, Seattle, said that some of the players had attended the
hearings and meetings that dealt with the court problem. The plan had been adopted by the Parks
Department and drawings were made by the Parks Dept. showing the handball courts in their new
location at Garrison Creek. At that point, Mr. Cox related, the handball players thought the problem
was resolved, but then suddenly found that the courts were slated for demolition the very next week.
Mr. Cox was unsure of The City's commitment to rebuild the courts at a later date in another place.
Committee Chairperson, Judy Woods, responded that the City had been working on this project for 3
years, does have replacement in mind, and does not intend for the handball courts to disappear
totally. She stated that the hope had been for relocation at Garrison Creek, but then the City was told
the courts had to be located off that site because the hill was too slippery. Ms. Woods reaffirmed
that the City wants to work with the citizens to ensure that they have courts as soon as possible.
John Hodgson informed the Committee that the citizens that live around Garrison Creek Park
received door to door handouts of a flyer that said construction was ready to begin and the park
would be closed. He made the point that those who do not live in the community around the park
would not have heard of the construction project.
Sandy Amodt questioned the urgency about getting the walls down right now and asked if there was
a present hazard, and why Parks could not hold off longer on demolition while securing another site.
John Hodgson responded that the construction process had already begun and delaying the
demolition would not help the handball players as they still could not play because the park was
closed. Chairperson Judy Woods forwarded the issue to the neat Park's Committee agenda to
look at the progress made on building the new handball courts.
Tad Eversole asked if the demolition would go on. Judy Woods and John Hodgson concurred that
the City would go forward with the demolition and renovation of Garrison Creek Park.
The meeting was adjourned at 5:08 PM.
CITY OF KENT
PARKS COMMITTEE MEETING
-- AUGUST 25, 1998
Council Present: Chair Judy Woods, Connie Epperly, Tim Clark substituting for Rico
Yingling, Tom Brotherton in audience
Staff Present: John Hodgson, Tom Brubaker, Lori Hogan, Lori Flemm,
Don Wickstrom, John Hillman, Jackie Bicknell, May Miller,
Dena Laurent, Teri Petrole
Audience: Norward Brooks, S.S.M.D.; Jim Stone, S.S.M.D.; David Gibson, S.S.M.D.,
Brett Wilkinson, S.S.M.D.; S.L. Stone, 24232 — 135'h Street; W. Thuerin er, 231 Burnett
Avenue North, Renton, WA 98055; Tad Eversole, 12624 SE 166 , Renton, WA 98055;
Joe Cox, 7735 27'h Avenue SW, Seattle, WA LeRoy Gmazel, 5700 390E Avenue SE,
Snoqualmie, WA
The Minutes of July 21, 1998 were approved.
West Hill Skate Park Project:
A youth advisory committee was formed to discuss design features for the new Skate
Park on west hill. The project location selected is West Fenwick Park, at Reith Road
and 42Id Avenue. Public meetings were held to receive input from the neighbors on the
site selection. Staff addressed neighbor's issues such as parking, nighttime park use,
pedestrian crossing and sani-can needs.
The project includes: constructing a sidewalk at Reith Road so pedestrians can safely
cross the street using the crosswalk and traffic light; installing a gate so the park can be
locked at night; and installing a bench, picnic table, and drinking fountain. The design is
made up of three bowls, T, 4.5' and 6' deep with a "volcano" in one of the bowls for
jumps. There will be 16 parking spaces and bollards to prevent cars from driving near
the skating area. The park is designed for beginners to use as well as advanced.
Ramps will be constructed for speed and tricks. Benches are designed with rails for
sitting and skating. The project cost is $130,000 and is 500 square feet smaller than the
downtown skate park. Funding is from the youth/teen capital account.
One more public meeting is scheduled in three weeks to receive final comments.
Construction drawings will follow. The project will bid in December, with construction in
spring of 1999. The project should be done before school is out in 1999.
King County Community Services Grant— Accept and Amend Budget:
The King County Community Services Division of the Department of Community and
Human Services recently awarded the Kent Youth/Teen Program a $200.00 "mini-
grant." The funds will be used to promote leadership for youth through a teen advisory
Parks Committee Meeting Minutes
August 25, 1998
Page Two
Committee and project called "TIME Advisory/PEP" to be located at Meridian Junior
High. This program is not involved with the Lighthouse Program currently, but will be in
the future.
Council member Tim Clark moved to accept and amend the Youth/Teen budget for the
$200.00 mini-grant from King County Community Services Division. Council member
Epperly seconded. Motion carried 3-0.
Added Item:
Handball Court at Garrison Creek Park:
Tad Eversole, Joe Cox, and LeRoy Gmazel are avid handball players and have used
the court at Garrison Creek in Kent since the early 1970's. They attended the meeting
to ask that the handball court at the park not be demolished as intended in the master
plan approved by Council. They explained they are a unique group of handball players
that prefer to play outside and Garrison Creek Park is the only outdoor handball court in
the area. The next closest court is in the City of Shoreline. They shared they have
been maintaining the court for years and feel they discourage vandalism by their
presence on the court. They have no doubt the City of Kent receives national coverage
because of their publicized tournaments. To protect and preserve the court, the players
offered to conduct free handball lessons for local youth.
John Hodgson and Lori Flemm responded that two years ago the master plan was
developed from professional and neighborhood input after many public meetings.
Handball court demolition has always been a part of the plan. The existing court walls
are located next to the reservoir and are shifting. They cannot be attached to the
reservoir wall and currently have little or no support. The City contracted Engineers to
perform a seismic study on the court. The report explained that the existing walls can't
support the drilling necessary for any remodeling. No other sites at the park can
accommodate a handball court.
John assured the players a new handball court would be constructed at an alternative
site in Kent. A location has not been decided as yet, but sites are currently being
investigated. If a suitable location is found soon, the court could be built by summer of
1999.
Due to time constraints, the committee suggested scheduling a special meeting to
discuss this issue further.
Parks Committee Meeting Minutes
August 25, 1998
r Page Three
Riverbend Golf Complex Operation — Second Quarter Report:
Jim Stone began by stating that S.S.M.D has accomplished a lot in the second quarter
at Riverbend, but has also experienced some problems. Mr. Stone then introduced Dr.
Brooks, who was hired to assist in the operation of the golf complex and improve
revenue. Dr. Brooks listed some of the improvements made in the second quarter such
as: new staff uniforms; implementation of tee reservations and starters at Par-3; golf
merchandise; new carpeting at the 18-hole; vending machines; and caddie/junior golf
programs.
Pro Golfer Brett Wilkinson reported that promotional measures include national
exposure through Nevada Bob's 36 franchises; monthly advertising in the "Inside Golf
Paper," (a joint-effort with the City); hosting the " Dave Peitz Short Game School" and
the Toyota Golf Skills Challenge (a national event advertising $70,000 worth of
promotional items with the Riverbend name and logo on it). Brett added that Riverbend
runs the top junior golf program in the northwest and has established a great
relationship with the new Double Tree Inn. The hotel customers often come to play golf,
rent equipment and eat at the Riverbend restaurant.
John Hodgson agreed that many of the programs and tournaments offered by S.S.M.D.
staff have been very successful. He told the committee that the Driving Range used to
be the city's "cash cow," but due to local competition, it is not anymore. John added
that because revenues are also down at the 18-hole and Par 3, the Ctty's Capital Fund
is greatly impacted.
Mr. Stone felt three issues have impacted the level of revenue at the golf complex:
1.) The netting installed at the Driving Range negatively affects customers by restricting
target availability and shot making. 2.) The mats, carpeting, and balls at the Driving
Range are in poor condition. 3.) Lingering new computer problems have forced staff to
operate the old and new systems concurrently and with poor results.
Mr. Stone also felt that due to the late execution of the City contract in January 1998,
the first quarter was mostly set-up time and contract negotiations. This put them behind
their proposed revenue schedule.
Chair Judy Woods voiced concern that the end of the year is near and something needs
to be done quickly, even it means raising the fees.
It was agreed to schedule a workshop in September to discuss solutions to the revenue
challenges at Riverbend.
Parks Committee Meeting Minutes
August 25, 1998
Page Four
The overpopulation of geese at water sites in parks was discussed. City staff recently
experimented with dogs at Lake Meridian and Riverbend Golf Complex to ward off
geese. They had positive results. Many other cities have used dogs with the same
positive results. John Hodgson recently met with the Waterfowl Management
Committee. They have a 12-year regional plan for geese problems which include egg
addling for slowed growth, dogs on site, and lethal methods. Staff will continue with
research and testing for the best geese deterrent and will keep the committee updated.
Added Item: Solid Waste Interlocal Agreement
(from Engineering Department):
Dena Laurent, City Government Affairs Officer, reported that the Suburban Cities
Association (SCA) recently requested renegotiations of the Solid Waste Interlocal
Agreement with King County. SCA has traditionally represented Kent in these
negotiations and is requesting confirmation to represent Kent again. King County
Executive Ron Sims suggests starting negotiations now for the year 2003, as the
process has become very complex. To complete the confirmation process SCA needs
to receive the authorization right away.
Councilmember Tim Clark moved to authorize the Mayor to designate the Suburban
Cities Association as Kent's representative in Solid Waste Interlocal Agreement
negotiations with King County. In so doing, the City of Kent will reserve the right to
negotiate with King County on its own should the best interests of K=— citizens be
served by doing so. Council member Connie Epperly seconded. ''.w ion carried.
Meeting adjourned at 6:00 p.m.
PUBLIC WORKS COMMITTEE MEETING MINUTES
SEPTEM 3ER 1491998
COMMITTEE MEMBERS PRESENT: Tim Clark, Chair, Rico Yingling
STAFF PRESENT: Don Wickstrom, Barbara Ekstrom, Ed White, Joe Mitchell, Fred
Satterstrom, Tom Brubaker, Jackie Bicknell
PUBLIC PRESENT: Linda Johnson
Chair, Tim Clark, called the meeting to order at 3:40 PM.
Neighborhood Traffic Control Program Manager Introduction
Public Works Director, Don Wickstrom, introduced Joe Mitchell,the new Neighborhood
Traffic Control Manager. Mr. Mitchell has been a resident of Washington since 1975,
has a Bachelor's Degree in Communications and Public Relations from Eastern
Washington University, and currently is studying for his Master's Degree in Public
Administration at the University of Washington. He has 12 years in government
experience at the State level. Mr. Mitchell was welcomed to City Administration by the
Committee.
Pedestrian Crossing—Kent Kanglev/ 132nd Ave. SE
Don Wickstrom reminded the Committee that this issue was brought up at the last
meeting by Committee Member,Tom Brotherton. Since that time, the State has
contacted the City about a safety project,which looks at accidents at the Kent
Kangley/132od Ave. SE location. The State did not say whether the accidents were
y pedestrian or vehicle related. Because this is a local issue, there is a question of who
pays for the project. Kent Kangley is a State route within the City and the City is
responsible for everything except pavement and maintenance. Committee Member, Tim
Clark, questioned whether the potential outcome could be a change of signalization of the
light at that intersection and whether the state would pick up any of the cost of new
signals. Mr. Wickstrom said the City would want to take advantage if the State was
willing to pay. He said he would try to schedule a meeting with the state to discuss the
proj ect.
Six Year Transnortation Plan
Don Wickstrom informed the Committee that the Six-Year Transportation Plan is really
the old plan with notes added, as there has not been time to update it. The Plan has to
have a hearing before the Council and going on the consent calendar for the Council
meeting of Sept. 15, 1998 would give a hearing on the first Council meeting in October.
There must be a hearing so the City can go to Olympia and to the Regional Puget Sound
Governmental Conference to apply for a grant. If the application is not in on time, it
won't be grant eligible for this next coming year for any projects.
Mr. Wickstrom said he wants to meet individually with Committee Member, Tom
Brotherton, to go over some concerns Mr. Brotherton had. The next Public Works
Committee should have the plan refined and will meet before the actual hearing date so
_. that gives some time to work on the issues. Committee Chair. Tim Clark, added that this
is very serious money and part of the Growth Management Act requires it to be on the
book. Also State funding is tied to it.
Committee Member, Rico Yingling, asked for clarification of whether most of the
projects had already received funding. Mr. Wickstrom replied that they had, and
included the ones Tom Brotherton was concerned about. The HOV projects are already
funded with a grant. Pacific Highway is actually a five agency project which was started
in Tukwila, switched to Sea Tac, then Des Moines, then Kent, and then Federal Way. It
is part of a major corridor for which all the cities, including the state, have submitted
applications for federal funding. Only pieces are being done now, but grants have been
given for all the way down to 216`h. Kent has already received$2.8 million in federal
funds for that project. Mr. Brotherton also referenced 256`s which was originally a
county project and for which the City received a T.I.B. grant. He referenced 240'h which
is a project already under construction.
Tim Clark asked when the widening on 256`h was due to start. Mr. Wickstrom responded
that the Department is going through a scoping change with the state agency. After a
value engineering study based on transportation and trip numbers projected for the next
20 years, what was originally a five-lane project, was changed to a three-lane facility.
The City has asked the state for a$2.5 million grant to approve a scope change to reduce
the project to that level. If the State gives the grant,the City will aim for construction in
1999. Rico Yingling asked if the Department had looked at peak traffic loads or average
loads. Mr. Wickstrom replied that they had looked at both peak and daily average loads.
Tim Clark asked for a dedicated time line and a dedicated list of projects. He requested
that those projects that are still looking for attached money and which are likely to be
funded and underway in the next two years be listed by the next meeting. Mr. Clark also
asked that those projects that have already been identified need to be categorized
separately so the public can see they are part of the plan, but already have money
attached to them. Rico Yingling asked if there was a table of projects showing where the
funding comes from along with a summary. Don Wickstrom replied that the Capital
Facilities Plan, which was prepared for the budget, would show that information.
Mr. Yingling asked if the Central and James Street improvement was to improve traffic
coming off of 167 during rush hour traffic. Mr. Wickstrom answered that there would be
limited improvement involving a right turn lane from the north. He said that the
228`h/East Leg Corridor, which is farther out than the 6-year horizon, would be the one
that would really ease James St. and Central Ave. Mr. Yingling asked if there was any
chance to push that project up even though not in the 6 year plan. Mr. Wickstrom replied
that the East and West leg corridors are unlikely to be grant type eligible projects and so
funding would be the problem.
Rico Yingling asked if there were any changes because of Boeing. Mr. Wickstrom
replied that he did not know what was going to happen at the Space Center site. Mr.
Yingling asked about North-South traffic flow improvements on East Hill. Don
Wickstrom replied that there was only one, Benson Highway, which is a state route, and
there were no plans to do any more, but that eventually the City would be doing 116`h
from 256`h down to Kent Kangley. The next project is 132"d of which there are pieces in
the 6-year Plan. The County is improving Petrovitsky to SR169.
Committee Member, Rico Yingling, moved to recommend authorization to set
October 20`h as the Public Hearing date for the Six Year Transportation
Improvement Plan and authorization to adopt the Ordinance reflecting same. The
motion was seconded and carried.
Chair, Tim Clark, requested that there be an overlay of the principle arterioles at the
public hearing so they can be discussed. He said he would like an overlay that helps
identify some of the major projects. Don Wickstrom said he would furnish a map that is
color-coded that shows the years, where the projects are, and how they are numbered.
Mr. Clark clarified that he would like only a breakdown for the next two years. Rico
Yingling asked for information about the commuter lanes and whether they actually help
traffic flow or whether they actually hinder traffic flow.
Surplus Vehicles—Authorization
Don Wickstrom informed the Committee that this was a list of equipment and vehicles
from the equipment rental division that were determined to be no longer needed by the
City based on a rating system that had been established. Committee Member,Rico
Yingling, made a motion to have authorization to declare this equipment as surplus
and authorize the sale thereof at the next public auction. The motion was seconded
and passed.
Green River Nursery Site—Acceptance
Don Wickstrom said that work had been completed on the Green River Nursery site at
28% over budget, primarily because material was bad and in constructing the parking lot
they had to use a lot of import which ran the costs up. They also ran into septic tanks and
other usual things, as there had been no record of what was there. Tim Clark asked if it
was a City site. Mr. Wickstrom replied that it is the nursery for the lagoon facility to
grow the wetland plants. Over half a million dollars was spent in contract planning and
the nursery was planned in order to meet the Corps permit and to help grow the plants
there. The City is using youth and volunteers to help with the nursery. Rico Yingling
made the motion to accept as complete the Green River Nursery Site project. The
motion was seconded and carried.
Code Amendment in the Downtown Commercial Zone
Fred Satterstrom from the Planning Department passed out to the Committee copies of a
proposed regulatory review. He said the review is a way in which citizens can come
forward and suggest amendments to the zoning code. In this case, Linda Johnson from
the Kent Downtown Partnership had come forward and proposed an amendment to the
Downtown Commercial DC Zone. Mr. Satterstrom said that the role of the committee
was to listen to the proposal and decide whether it had merit to send it to the Land Use
and Planning Board. That Board would actually do the review and give alternatives if
any, make a recommendation of either amending the code or not, and then send their
recommendation to the full council.
Mr. Satterstrom informed the Committee that the actual proposal is an amendment to the
zoning code to the downtown commercial zone. This zone applies to a small area in the
downtown along ls`Ave. and Meeker Streets, extending to Harrison and over to Gowe,
and covers about 20 acres. This area is the co-,-., area of downtown. There is a set of
permitted uses for the downtown commercial zone that are specified in the zoning code
and there is a caveat overlay requirement that says that on the first floor on these certain
streets the uses _,- limited to retail or pedestrian oriented services. The proposed
amendment wmad be constructive, as it would bring this issue to light to the Land Use
and Planning Board, which could look at some alternatives and further refine the
definitions.
Tim Clark asked if the purpose was to list what is perceived as adequate or to restrict
categories that are not counted for. Mr. Satterstrom said the amendment would give a
better definition restricting the area to only retail. Mr. Clark asked if the purpose was to
encourage commercial traffic on the ground floor. Fred Satterstrom said the feeling is
that these are shopping areas and if you do not restrict the area to retail and pedestrian
service uses, other uses may choose to locate there for low rent or other reasons that
could interfere with the functioning of the district for shopping purposes. The present
ordinance recognizes that if the first floor is not regulated in terms of what uses can
locate there, certain uses can get in the way of the retail function and frustrate it and make
it ultimately unprofitable because you are not taking advantage of shoppers. The
proposed amendment would restrict that first floor to entir^iv retail uses.
Linda Johnson, from the Kent Downtown Partnership, detailed the street areas that would
be affected. She stated the KDP Board is concerned because they are starting to see
office uses uo into some of the spaces on Meeker street. Second story office spaces are
becoming high rent and the first floor is becoming less expensive. To keep a healthy
core, you have got to keep a large area restricted to shopping. The need is to look at what
pedestrian orientation really means and fix the definitions. Otherwise, the whole
downtown area can be turned into a mixed-use area.
Rico Yingling moved to direct the proposed code amendment in the DC zone to the
Land Use and Planning Board for their review and recommendation to the City
Council. The motion was seconded and passed.
Public Access Studio Update
Dea Drake gave an update on the City's cable TV service. The franchise agreement with
TCI requires them to provide, maintain, and operate a public access studio within a radius
of eight miles of City Hall within 48 months of the contract date. They missed the first
date and a second date of July 1, 1999 was negotiated. Similar language is contained in
the TCI contracts with Renton, Auburn, and Tukwila, so Kent's studio could provide a
public access facility to serve those four communities, creating a regional type facility.
At this time there is no contact with the other three cities regarding their intent or interest
�. in this facility or channel.
Ms. Drake shared that there was a 6-9 month regional investigation between King County
and Seattle to see if a whole South Puget Sound regional approach to Public Access could
be done. She said she had just talked to King County and it appears as though that is not
going to be feasible. In addition, her department is looking at a series of problems that
Seattle went through when they took over the Public Access channel from TCI. These
were related to constitutionally protected freedom of speech versus programs that could
be considered offensive to some citizens.
Tim Clark said that Kent wants to put together a quality facility that meets the needs of
the community and that there was real potential for a performing arts center to become a
reality, with other multi uses for the studio site. Rico Yingling asked for clarification that
a meeting with the appropriate parties would determine the type of management approach
to them. Mr. Clark suggested it would be to determine the guidelines for the facility,
where it would be located, and when it would open. If TCI does not meet the deadline,
and cannot get a facility operating by the deadline date, it gives the City the chance to put
some requests in for the final version and what it would look like. Mr. Clark stated that
he would love to see a facility that would have a block of time set aside for schools to
allow an educational resource in the community. Tom Brubaker shared that the airwaves
are public domain and part of the consideration is that a cable company has to pay in
order to use those airwaves and profit from them. It is a free speech forum and to that
extent, setting aside a certain part for education might be a difficult thing to achieve on a
" public access channel.
Mr. Brubaker said the City had discussed with TCI their deadlines 3-4 months ago and
were reassured they would have the fiber optic upgrade done by the first of the year. Mr.
Brubaker said he is not sure that will happen. Dea Drake reminded the Committee that
TCI is not obligated until July 1, 1999. Mr. Brubaker said that under Kent's contract
with TCI, if they don't have the facility built by July 1, 1999, they will face substantial
penalties. Up to $200 a day which would get backdated to the contract extension. $200
per day for two years equals $146,000 and if the facility is not built by July 1, 1999, TCI
will be in arrears under their franchise to the City for that amount. That's an incentive to
get the job done and to spend the money needed on the facility
Rico Yingling moved to request that Administration establish a meeting with
representatives of the cities of Renton, Tukwila, and Auburn, as well as other
interested south King County jurisdictions, to discuss policies or approaches
regarding creation of a regional Public Access Facility. The motion was seconded.
Tim Clark asked to broaden the invitation to elected officials as well as staff that deals
with the issues. Mr. Clark said he would invite Suburban Cities. He wants to ensure that
the notice is given and the meetings scheduled so that it becomes feasible for people to be
there. The motion passed.
Award of Annual Sodium Fluoride Contract for the Citv's Water Supply System
Tom Brubaker presented the information that bids had been sought for the furnishing of
sodium fluoride, which is added to the City's water system and purchased on an annual
basis. The low bid was received from Van Waters & Rogers with an estimate of 64 cents
per pound. The annual amount would be 50,000 pounds or approximately $32,000 plus
tax. That amount exceeds the $25,000 limit for Council approval on purchases of goods
under the City's local ordinance, and therefore Mr. Brubaker asked the Committee to
forward to Council a motion to award the contract to Van Waters and Rogers. Rico
Yingling made the motion to award the annual sodium fluoride contract for the
City's water supply system to Van Waters & Rogers,Inc. in the amount of 64 cents
per pound, plus tag,with a total estimated annual cost of$32,000, plus tax, for
50,000 pounds. The motion was seconded and carried.
The meeting was adjourned at 4:39 PM.