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City Council Meeting - Council - Agenda - 11/03/1998
.......................... ... G.. Cityof Kent . Counci1 MeetingCity Agenda CITY OF - 3 Mayor Jim White Councilmembers Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling November 3, 1998 Office of the City Clerk CITY Of ZLd'75�1� SUMMARY AGENDA KENT CITY COUNCIL MEETING 9 November 3 , 1998 Mayor Jim White Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling ******************************************************************** 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA t A. FROM COUNCIL, ADMINISTRATION, OR STAFF t B . FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS A. Proclamation - Human Services Month B . Employee of the Month C. Introduction and Comments from Mayor Christopher Taute, Riversdale, South Africa 5 . PUBLIC HEARINGS None 6 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C . Kent Springs Transmission Main Rebuild, SE 228th St . - Accept as Complete D. T. I .B . Grant , S . 196th Street Corridor - Accept & Establish Budget E. Puget Sound Energy Easement - Authorization F. Temp•crary Easement to D.O.T. for Construction Access at Riverview Park - Approval G. Consolidated Food Management Agreement - Approve and Amend Budget H. Miscellaneous Grants and Donations - Accept and Amend Budgets I . King County 1998 EMS Funding Contract - Authorization J. Surplus Property Policy Repealer - Resolution 1 C f -) K. Proposed Sister City, Castlereagh, Northern Ireland - Resolution L. 1999 Budget and Tax Levy - Set Hearing Date M. Boater Registration Fee Allocation Project - Approval N. Telephone System Purchase - Authorization 0. Riverbend Golf Complex Transfer and Short Term Loan - Approval P . Riverbend Golf Complex, 1999 Fee Increase - Approval A bs e,/i-\cL +ri GI ov- (continued on next page) .............. SUMMARY AGENDA CONTINUED 7 . OTHER BUSINESS A. Briarmount Final Plat B. Mallory Meadows (formerly Meridian West) Final Plat C. Bayberry Crest Final Plat D. Annexation Policy - Consideration E. BPA Power Allocation Policies - Resolution /6 M F. Adult Retail Establishment Moratorium - Resolution f1aQ G. Riverbend Golf Course - Discussion of Options 8 . BIDS None 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION A. Potential Litigation B. Property Acquisition 13 . 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 . „ y ........... _ . CHANGES TO THE AGENDA Citizens wishing to address the Council will , at this time, make known the subject of interest , so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) Proclamation - Human Services Month B) Employee of the Month C) Introduction and Comments from Mayor Christopher Taute, Riversdale, South Africa J CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through k be approved. Discussion/Action 3A. _Approval of Minutes . Approval of the minutes of the regular Council meeting of October 20 , 1998 , with the following correction to Item 33 "Approval of Bills" : Check Numbers 205650-205886 205887-206237 Should read 206238-206507 206508-206940 3B . Approval of Bills . Approval of payment of the bills received through October 15 and paid on October 15 , after auditing by the Operations Committee on October 20 , 1998 . Approval of checks issued for vouchers : Date Check Numbers Amount 10/15/98 206941-207295 $ 849, 239 . 25 10/15/98 207296-207760 2 , 626 , 310 . 20 $3 , 475, 549 . 45 Approval of checks issued for special payroll of October 15 and paid on October 15 , 1998 . AFSCME Contract Settlement Checks : Date Check Numbers Amount 10/15/98 Checks 231029-231065 $ 27 , 257 . 15 10/15/98 Advices 71450-71566 120 , 961 . 39 $148 , 218 . 54 Approval of checks issued for payroll for October 1 through October 16 and paid on October 20 , 1998 : Date Check Numbers Amount 10/20/98 Checks 231066-231394 $ 257, 721 . 44 10/20/98 Advices 71567-72117 781 , 703 . 80 $1, 039, 425 .24 Council Agenda Item No . 6 A-B Kent, Washington October 20 , 1998 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Pro Tem Orr. Present : Councilmembers Amodt, Brotherton, Clark, Epperly, Woods and Yingling, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Police Captain Chuck Miller, Public Works Director Wickstrom, Planning Director Harris, Parks Director Hodgson, and Finance Director Miller. Approximately 15 people were in attendance . PUBLIC Employee of the Month. Mayor Pro Tem Orr COMMUNICATIONS announced that Julie Cleary, Program Assistant for the Parks Department Community Education Classes at Kent Commons, has been selected Employee of the Month for October. She noted that Ms . Cleary pro- vides excellent customer service to the thousands of class participants and instructors, and has a delightful way of relating to the public . Lori Hogan, Superintendent of Recreation and Cultural Services, said that Julie is very knowledgeable and competent, and is a pleasure to work with. Cleary was then presented the Employee of the Month plaque. YWCA Week Without Violence. Mayor Pro Tem Orr read a proclamation declaring the week of October 18-24 as YWCA Week Without Violence in the City, and noting that violence affects people of all races, ages, religions, classes and neighborhoods and takes an extremely harsh toll on the most vulnerable in society, especially women, children and youth. Make A Difference Day. Mayor Pro Tem Orr noted that connecting with others and working together through volunteer service can bridge the differ- ences that separate people and help solve serious social problems . She read a proclamation de- claring October 24 , 1998 , as Make A Difference Day in the City of Kent, and presented it to Parks Director Hodgson. Hodgson expressed thanks and noted that the City has done a number of beautifi- cation projects in the past five years using volunteers on Make A Difference Day. 1 Kent City Council Minutes October 20 , 1998 CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR J be approved. Epperly seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of October 6, 1998 . HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION Greenfield Park. ACCEPT the Bill of Sale for Greenfield Park submitted by Novastar Development, Inc . for continuous operation and maintenance of 1 , 860 feet of street improvements, and 1, 519 feet of storm sewer and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located at 28th Avenue South & South 268th Place . (CONSENT CALENDAR - ITEM 3J) Briarmount Plat. ACCEPT the Bill of Sale for Briarmount submitted by Geonerco, Inc . for continuous operation and maintenance of 350 feet of street improvements, and 854 feet of storm sewer and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located at South 202nd Street & 94th Place South. TRANSPORTATION (PUBLIC HEARINGS - ITEM 2B) Six Year Transportation Improvement Plan. This date has been set for the public hearing on the Six Year Transportation Improvement Plan and adoption of the resolution establishing it . Public Works Director Wickstrom explained that the Plan must be adopted annually and that Federal or State grants are not available for projects not listed in the Plan. He displayed a map showing the location of the projects, and noted that the projects have been discussed by the Public Works Committee, who recommended approval . He explained for Amodt that funding sources include grants, Local Improvement Districts and City money. 2 Kent City Council Minutes October 20 , 1998 TRANSPORTATION Mayor Pro Tem Orr opened the public hearing. There were no comments from the audience and WOODS MOVED to close the public hearing. Epperly seconded and the motion carried. CLARK MOVED to adopt Resolution No. 1515 esta- blishing the Six Year Transportation Improvement Plan. Woods seconded. Clark noted that only the early projects are secure and that later projects will be done as possible . His motion then carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3G) Tonsoil Sales Reculations . DIRECT Administration to investigate regulation of topsoil sales and report back to the Public Works/Planning Committee with its findings and proposals for consideration. PLATS (CONSENT CALENDAR - ITEM 3E) Briarmount Final Plat FSU-96-11. SET November 3 , 1998, as the date for a public meeting to consider the final plat application submitted by Barghausen Consulting Engineers, Inc . , for the Briarmount Final Plat . The City Council approved the pre- liminary plat with conditions on June 4, 1996 . (CONSENT CALENDAR - ITEM 3F) Mallory Meadows (Formerly Meridian West) Final Plat FSU-96-2 . SET November 3 , 1998 , as the date for a public meeting to consider the final plat application submitted by Hearthside Homes, Inc . , for the Mallory Meadows Final Plat . The City Council approved the preliminary plat with conditions on February 3 , 1998 . (CONSENT CALENDAR - ITEM 3I) Bayberry Crest Final Plat FSU-96-3 . SET November 3 , 1998 , as the date for a public meeting to consider the final plat application submitted by Bayberry Crest L.L. C . , for the Bayberry Final Plat . The City Council approved the preliminary plat with conditions on September 16, 1997 . 3 Kent City Council Minutes October 20 , 1998 PLATS (OTHER BUSINESS - ITEM 4A) Alvin' s Pond Preliminary Plat. This date has been set to consider the Hearing Examiner' s recom- mendation of approval with conditions dated September 10 , 1998, of an application submitted by Poe Engineering, Inc . for Alvin ' s Pond Preliminary Plat . Upon Brotherton' s question, Wickstrom noted that there is an existing apartment complex to the west . CLARK MOVED to approve the Hearing Examiner' s recommendation of approval with conditions of the preliminary plat application for Alvin' s Pond Preliminary Plat . Epperly seconded and the motion carried. (OTHER BUSINESS - ITEM 4B) Lana (Canyon Crossing) Final Plat FSU-96-25 . This date has been set to consider the final plat application submitted by Lang Plat LLC. This plat is being renamed Canyon Crossing. The City Council approved the preliminary plat with conditions on September 2 , 1997 . CLARK MOVED to approve the staff ' s recommendation of approval with conditions of the Lang Final Plat and to authorize the Mayor to sign the final plat mylar. Epperly seconded and the motion carried. LEGISLATIVE (OTHER BUSINESS - ITEM 4C) AGENDA 1999 Legislative Agenda. The City of Kent annually adopts a legislative agenda to com- municate the City' s priorities and concerns to representatives in State Government . This draft Legislative Agenda for 1999 has been developed in consultation with staff, the Suburban Cities Association and the Association of Washington Cities . It was presented to the Council Committee of the Whole on October 6 . Staff have met with all interested Councilmembers to identify refine- ments to the draft . Proposed changes are 4 Kent City Council Minutes October 20 , 1998 LEGISLATIVE summarized in the memo from Dena Laurent dated AGENDA October 15, 1998 . Laurent explained that the two most significant changes recommended in her discussions with Councilmembers are the Manufacturing Tax Exemption and Human Services . She noted that there were Councilmembers at both ends of the spectrum on the manufacturing tax exemption, and she therefore attempted to craft a statement more to the middle of the two viewpoints . Laurent noted that Brotherton had pointed out the issue of welfare reform and the funding needs, and stated that that item has been moved from the position paper to the legislative agenda, and the affordable housing issue has been moved to the policy paper. Clark noted that transmission of cable signals is being switched from analog to digital , which will have some implications for the City and for some citizens . WOODS MOVED to adopt the proposed 1999 Legislative Agenda. Epperly seconded and the motion carried. COUNCIL (OTHER BUSINESS - ITEM 4D) Council Rules and Procedures . Pursuant to Resolution No. 1461, the City Council established rules and procedures for the City Council , City Council meetings, and meetings of Council committees . The City Council now desires to update and revise those rules and procedures by adopting a new resolution. McFall explained that the proposed resolution was prepared in response to changes in the Council committees, and that some housekeeping items have been included. He noted that the two significant changes have to do with Sections 13 and 24 . 5 Kent City Council Minutes October 20 , 1998 COUNCIL McFall explained that in Section 13 , "Changes to the Agenda" has been added to the order of the agenda for Council meetings , which is designed to prompt the Chair of the meeting to ask for any changes . He added that it further states that an item that is requested to be added to the agenda would be dealt with at that meeting, with the consent of the Council . McFall noted that Section 24 combines the re- sponsibilities of the previously existing Public Works Committee with the previously existing Planning Committee to create the Public Works/Planning Committee . Upon a question from Amodt, McFall explained that in Section 14 , "Council" was crossed out and replaced by "presiding officer" to reflect the existing practice of the Mayor or Council President establishing the time limit for speakers . He also clarified for her that purpose of the change to Section 13 is to make it clear that there is an opportunity on the Council ' s agenda for someone to ask that an item be added for consideration. He pointed out that there are other opportunities for public comment, depending upon the issue . WOODS MOVED to adopt Resolution No . 1516 relating to rules and procedures for the City Council , City Council meetings, and Council committee meetings and repealing Resolution No . 1461 . Epperly seconded. ORR OFFERED A FRIENDLY AMENDMENT to change Section 13 by adding two sub-headings, one saying "from Councilmembers, Administration or staff" and the other saying " from members of the public" . Woods and Epperly accepted the friendly amendment . There was no further discussion and the motion carried as amended. 6 Kent City Council Minutes October 20 , 1998 FIRE (CONSENT CALENDAR - ITEM 3C) DEPARTMENT Transfer Of Assets From Fire District #37 . AUTHORIZATION for the Mayor to sign the Transfer of Assets from King County Fire Protection District No. 37 . As a result of the Meridian Valley Annexation, and in accordance with State law, the King County Fire Protection District #37 is required to transfer assets based upon the percentage of the District that was annexed. An agreement has been reached that meets the requirements of State law. (CONSENT CALENDAR - ITEM 3D) Senior Blood Pressure Program Grant. ACCEPTANCE of grant funds received from the Safeco Corpora- tion and authorization for the Fire Department to apply the funds toward the purchase of blood pressure equipment and educational materials to institute a Senior Blood Pressure Program. FINANCE (PUBLIC HEARINGS - ITEM 2A) 1999 Operatincc And Capital Budget This is the second public hearing on the 1999 Budget . This is the annual budget for both operating and capital . Public input is desired and welcome . A copy of the Preliminary Budget will be available at the November 3 Council Committee of the Whole meet- ing. The final public hearing will be held on November 17, 1998 , with the anticipated budget adoption planned for the December 8 , 1998 , Council meeting. Finance Director Miller noted that the general fund total is $67 , 000 , 000 which is used to pay operating costs . She added that 74% of that comes from taxes, primarily sales tax. She explained that a conservative view has been taken, and that there is a lot of one-time"-only money in the budget . She noted that growth will allow for additional staff, and that the capital portion of the budget is $222 , 000 , 000 over six years including about $60 , 000 , 000 for next year. She stated that the budget will be discussed at the next Committee of the Whole meeting, and added 7 Kent City Council Minutes October 20 , 1998 FINANCE that the budget does not contain rate increases or tax increases at this point . The Mayor Pro Tem opened the public hearing. There were no comments from the audience . WOODS MOVED to close the public hearing. Epperly seconded and the motion carried. (CONSENT CALENDAR - ITEM 3B) Approval of Bills . APPROVAL of payment of the bills received through September 30 and paid on September 30 , 1998 , after auditing by the Operations Committee on October 6 , 1998 . Approval of checks issued for vouchers : Date Check Numbers Amount 9/30/98 205650-205886 $ 611, 764 . 61 9/30/98 205887-206237 1 , 735 , 471 . 01 $2 , 347 , 235 . 62 Approval of checks issued for payroll for September 16 through September 30 and paid on October 5 , 1998 : Date Check Numbers Amount 10/5/98 Checks 230712-231028 $ 253 , 371 . 88 10/5/98 Advices 70899-71449 748 , 962 . 95 $1 , 002 , 334 . 83 MEMORIAL (OTHER BUSINESS - ITEM 4E) (ADDED BY COUNCILMEMBER AMODT) Memorial. Amodt noted that Carol Thuringer was recently killed in a car accident in Kent, and said a citizen has asked her for information on placing a memorial at the site . McFall offered to research the issue regarding the use of public right-of-way and public funds and report back to Council or to a committee . Amodt agreed. REPORTS Council President. Orr thanked everyone who has helped get the message about safety out to the public . She said she has received numerous positive comments about the recent meeting giving 8 Kent City Council Minutes October 20, 1998 REPORTS women an opportunity to learn about their own safety, and the fact that it has been shown so frequently on the cable TV station. She listed the times that the program will be shown again. EXECUTIVE McFall reminded Council of the executive session. SESSION At the beginning of the meeting, the City Attorney had added potential litigation to the items to be discussed during the executive session. The meeting recessed to executive session at 7 :40 p.m. The meeting reconvened at 8 :20 p.m. PARKS & Property Acouisition. WOODS MOVED to accept the RECREATION offer of $45 , 000 from Shamrock Development Corporation and authorize the Mayor to enter into the Purchase and Sale Agreement for the Jean Austin property, and amend the playground equip- ment account with the proceeds resulting from this sale . Epperly seconded and the motion carried. Land Lease Negotiation. WOODS MOVED to authorize the Mayor to negotiate and execute a lease with the Urban Landmark Corporation for the Kent Valley Ice Arena at Russell Road Park upon terms and conditions substantially similar to the draft lease, which is hereby made a part of the record; and further, to approve replacement of the Russell Road soccer fields and to direct the Mayor to begin the site selection and planning process for the new soccer fields . Epperly seconded and the motion carried. ADJOURNMENT The meeting adjourned at 7 : 43 p .m. Brenda Jac e , CMC City Clerk 9 .. ................. '14 Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: KENT SPRINGS TRANSMISSION MAIN REBUILD, SE 228TH ST . - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, accept the Kent Springs Transmission Main Rebuild SE 288th Street contract as complete and release retainage to Mosbrucker Excavating upon standard releases from the State and release of any liens . The original contract amount was $501 , 492 . 05 . The final construction cost was $559, 197 . 76 (11 . 51°% over) . The cost overruns were due to additional material required to complete the project . Adequate funds exist within the project budget to cover this overage . 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 . 6C PUBLIC WORKS/PLANNING COMMITTEE MINUTES October 19, 1998 COMMITTEE MEMBERS PRESENT: Tim Clark, Chair, Tom Brotherton, Rico Yingling STAFF PRESENT: Don Wickstrom, Ed White, Tom Brubaker, Barbara Ekstrom, Jackie Bicknell, Gary Gill PUBLIC PRESENT: Sheryl Hughes, Dave Berg The meeting was called to order at 3:35PM by Chair, Tim Clark. Anoroval of Minutes of October 5, 1998 Committee Member, Tom Brotherton, made the motion to approve the minutes of the October 5, 1998 Public Works/Planning Committee. The motion was seconded and passed. (� Kent Sprines Transmission Main Rebuild, SE 2281° St—Accept as Complete Public Works Director, Don Wickstrom, told the Committee that the Kent Springs Transmission Main Rebuild had gone 10% over the contract and had to be brought back to the Committee for approval for the cost overruns. Mr. Wickstrom said the overage amount was due to extra material needed because of bad weather factors. New material had to be hauled in and the unusable material disposed of. Mr. Wickstrom said money was already in the budget for the overruns as the project contract price was under what had been estimated. Tom Brotherton moved to accept as complete the Kent Springs Transmission Main Rebuild, SE 288d' St. contract. The motion was seconded and carried 3-0. T.I.B. Grant—S. 1961e St. Corridor—Authorization Mr. Wickstrom informed the Committee that the City had been offered a grant for a project that is already under construction and requested acceptance of the grant and direction for staff to establish a budget for the funds. Mr. Wickstrom clarified that the Transportation Improvement Board is a State agency. Committee Member, Rico Yingling, moved to recommend authorizing the Mayor to sign the TIB grant agreement, and authorize staff to accept the grant and establish a budget for the funds to be spent within said corridor project. The motion was seconded and carried 3-0. Puget Sound Enerw Easement—Authorization Mr. Wickstrom said that on the 196`h St. Project a piece of property had been purchased for the extension of 72"d Ave. The property is next to Western Processing and construction of the 196 h St. Corridor. Puget Sound Energy is placing some of their facilities on this parcel that has not yet been converted to a public right of way. They are requesting an easement before they will do the work needed of relocating or placing underground the overhead power lines on the construction site. Tom Brotherton moved to recommend authorizing the Mayor to sign the Puget Sound Energy Easement Agreemeirt. The motion was seconded and carried 3-0. r;ITY OF KENT OCT 2 7 1998 NGINEERING DEPT. DEPARTMENT OF PUBLIC WORKS October I9, 1998 TO: Public Works/Planning Committee FROM: Don Wickstrom RE: Kent Springs Transmission Main Rebuild SE 288' Street - Acceptance The contract for the Kent Springs Transmission Main Rebuild— SE 288' Street project was awarded to Mosbrucker Excavating for the bid amount of $501,492.05. The final construction cost was $559,197.76 (11.51% over). The cost overruns were due to extra material required to complete the project. Adequate funds exist within the project budget to cover this overage. MOTION: Accept as complete the Kent Springs Transmission Main Rebuild — SE 288th Street contract. ................. Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: T. I .B. GRANT, S . 196TH STREET CORRIDOR - ACCEPT & ESTABLISH BUDGET 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the T. I .B. grant agreement, S . 196th Street Corridor, direct staff to accept the grant and establish a budget for same, as recommended by the Public Works/Planning Committee . The Public Works Department has received a grant of $1, 194 , 608 from the Transportation Improvement Board for the construction phase of the 196th Street Corridor project . 3 . EXHIBITS: Public Works/Planning Committee minutes and grant agreement 4 . RECOMMENDED BY: Public Works/Planning Committee (Committee, Staff , Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D PUBLIC WORKS/PLANNING COMMITTEE MINUTES October 19, 1998 COMMITTEE MEMBERS PRESENT: Tim Clark, Chair, Tom Brotherton, Rico Yingling STAFF PRESENT: Don Wickstrom, Ed White, Tom Brubaker, Barbara Ekstrom, Jackie Bicknell, Gary Gill PUBLIC PRESENT: Sheryl Hughes, Dave Berg The meeting was called to order at 3:35PM by Chair, Tim Clark. Approval of Minutes of October 5, 1998 Committee Member, Tom Brotherton, made the motion to approve the minutes of the October 5, 1998 Public Works/Planning Committee. The motion was seconded and passed. Kent Springs Transmission Main Rebuild, SE 228te St—Accept as Complete Public Works Director, Don Wickstrom, told the Committee that the Kent Springs Transmission Main Rebuild had gone 10% over the contract and had to be brought back to the Committee for approval for the cost overruns. Mr. Wickstrom said the overage amount was due to extra material needed because of bad weather factors. New material had to be hauled in and the unusable material disposed of. Mr. Wickstrom said money was already in the budget for the ovemms as the project contract price was under what had been estimated. Tom Brotherton moved to accept as complete the Kent Springs Transmission Main Rebuild, SE 288`' St. contract. The motion was seconded and carried 3-0. T.I.B. Grant—S. 196te St. Corridor—Authorization Mr. Wickstrom informed the Committee that the City had been offered a grant for a project that is already under construction and requested acceptance of the grant and direction for staff to establish a budget for the funds. Mr. Wickstrom clarified that the Transportation Improvement Board is a State agency. Committee Member, Rico Yingling, moved to recommend authorizing the Mayor to sign the TIB grant agreement, and authorize staff to accept the grant and establish a budget for the funds to be spent within said corridor project. The motion was seconded and carried 3-0. Puget Sound Enerw Easement—Authorization Mr. Wickstrom said that on the 196 h St. Project a piece of property had been purchased for the extension of 72"d Ave. The property is next to Western Processing and construction of the 196 h St. Corridor. Puget Sound Energy is placing some of their facilities on this parcel that has not yet been converted to a public right of way. They are requesting an easement before they will do the work needed of relocating or placing underground the overhead power lines on the construction site. Tom Brotherton moved to recommend authorizing the Mayor to sign the Puget Sound Energy Easement Agreement. The motion was seconded and carried 3-0. CITY OF KENT - OCT 2 7 1998 NGINEERING DEPT. Transportation Improvement Account (TIA) M, Project Agreement for Construction Proposal Lead Agency City of Kent Project Number Authority Number 9-P-106(002)-3 9835229P Project Title & Description S 192nd/196th/200th St Orillia Road to West Valley Highway Total Amount Authorized Authorization to Proceed Effective From $1,194,608 July 14, 1998 IN CONSIDERATION of the allocation by the Transportation Improvement Board of Transportation Improvement Account (TIA) funds to the project and in the amount set out above, the agency hereby agrees that as condition precedent to payment of any TIA funds allocated at any time to the above referenced project, it accepts and will comply with the terms of this agreement, including the terms and conditions set forth in RCW 47.26; the applicable rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation Improvement Board upon which the fund allocation was based; all of which are familiar to and within the knowledge of the agency and incorporated herein and made a part of this agreement, although not attached. The officer of the agency, by the signature below hereby certifies on behalf of the agency that local matching funds and other funds represented to be committed to the project will be available as necessary to implement the projected development of the project as set forth in the CONSTRUCTION PROSPECTUS, acknowledges that funds hereby authorized are for the development of the construction proposal as defined by Chapter 167, Laws of 1988. If the costs of the project exceed the amount of TIA funds authorized by the Transportation Improvement Board, set forth above, and the required local matching funds represented by the local agency to be committed to the project, the local agency will pay all additional costs necessary to complete the project as submitted to the Board. This shall not prevent the local agency from requesting an increase in the amount of trust funds pursuant to applicable rules of the Board. Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW 70.94. The lead agency certifies that the project meets all applicable Clean Air Act requirements. IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the Transportation Improvement Board hereby agrees to reimburse the agency from allocated TIA funds and not otherwise, for its reimbursable costs during the above referenced quarter year not to exceed the amount specified. Such obligation to reimburse TIA funds extends only to project costs incurred after the date of the Board's allocation of funds and authorization to proceed with the project. LEAD AGENCY TRANSPORTATION IMPROVEMENT BOARD Signatum of Mayor/Gramnan Dare Execuove Drector Dare TIB Form 190-057 Rev,eed 01197 DEPARTMENT OF PUBLIC WORKS October 19, 1998 TO: Public Works/Planning Committee FROM: Don Wickstroff& RE: Transportation Improvement Board (TIB) Grant 192"d/196t'/200`h Street Corridor (9-P-106(002)-3 ------------ Orillia toad to West Valley-Higb-way- .—___-- We have received a grant from the TIB for the construction phase of the 196' Street Corridor project. At this time, we are requesting authorization for the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for the funds to be spent within said corridor project. MOTION: Recommend authorizing the Mayor to sign the TIB grant agreement, authorize staff to accept the grant and establish a budget for the funds to be spent within said corridor project. Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: PUGET SOUND ENERGY EASEMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, authorization for the Mayor to sign the Puget Sound Energy Easement Agreement for the purpose of constructing underground facilities in the vicinity of 196th Street & 72nd Avenue South. 3 . EXHIBITS : Public Works/Planning Committee minutes and easement 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. 6E PUBLIC WORKS/PLANNING COMMITTEE MINUTES October 19, 1998 COMMITTEE MEMBERS PRESENT: Tim Clark, Chair, Tom Brotherton, Rico Yingling STAFF PRESENT: Don Wickstrom, Ed White, Tom Brubaker, Barbara Ekstrom, Jackie Bicknell, Gary Gill PUBLIC PRESENT: Sheryl Hughes, Dave Berg The meeting was called to order at 3:35PM by Chair, Tim Clark. Approval of Minutes of October 5. 1998 Committee Member, Tom Brotherton, made the motion to approve the minutes of the October 5, 1998 Public Works/Planning Committee. The motion was seconded and passed. Kent Springs Transmission Main Rebuild, SE 228`h St—Accept as Complete Public Works Director, Don Wickstrom, told the Committee that the Kent Springs Transmission Main Rebuild had gone 10% over the contract and had to be brought back to the Committee for approval for the cost overruns. Mr. Wickstrom said the overage amount was due to extra material needed because of bad weather factors. New material had to be hauled in and the unusable material disposed of. Mr. Wickstrom said money was already in the budget for the overruns as the project contract price was under what had been estimated. Tom Brotherton moved to accept as complete the Kent Springs Transmission Main Rebuild, SE 288`h St. contract. The motion was seconded and carried 3-0. T.I.B. Grant—S. 196`h St. Comdor—Authorization Mr. Wickstrom informed the Committee that the City had been offered a grant for a project that is already under construction and requested acceptance of the grant and direction for staff to establish a budget for the funds. Mr. Wickstrom clarified that the Transportation Improvement Board is a State agency. Committee Member, Rico Yingling, moved to recommend authorizing the Mayor to sign the TTB grant agreement, and authorize staff to accept the grant and establish a budget for the funds to be spent within said corridor project. The motion was seconded and carried 3-0. Puget Sound Enerw Easement—Authorization Mr. Wickstrom said that on the 196d' St. Project a piece of property had been purchased for the extension of 72"d Ave. The property is next to Western Processing and construction of the 196`h St. Corridor. Puget Sound Energy is placing some of their facilities on this parcel that has not yet been converted to a public right of way. They are requesting an easement before they will do the work needed of relocating or placing underground the overhead power lines on the construction site. Tom Brotherton moved to recommend authorizing the Mayor to sign the Puget Sound Energy Easement Agreement The motion was seconded and carried 3-0. CITY OF KENT OCT 27 1°98 NGINEERING DEPT. f , RETURN ADDRESS: Puget Sound Energy,Inc. P.O.Box 97034 Bellevue,WA. 99009.8734 Attn: ROW Department-MER-03E EASEMENT REFERENCE#: 101000682 GRANTOR: CITY OF KENT GRANTEE: PUGET SOUND ENERGY,INC. SHORT LEGAL: NW Sec.1-T22N-R4E ASSESSOR'S PROPERTY TAX PARCEL: 331060-0365 For and In consideration o/One Dollar($1.00)and other valuable consideration In hand paid, CITY OF KENT, a Washington Municipal Corporation ('Grenlor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation (*Grantee" herein), for the purposes hereinafter set forth, a nonexclusive easement over, under, along across and through the following described real property ('Property' herein)In KING County,Washington: That portion of the North half of thli Northwest quarter of Section 1, Township 22 North, Range 4 East,W.M.In King County,Washington,described as follows: Beginning at a point which Is North 89022' East 1205 feet and South 678 feet from the Northwest Comer of sold section; Thence North 89022'East 180 feat; Thence South 653.28 feet to the north line of county road; thence along said road line South$9032'West 160 feet; thence North 654.82 feet to beginning; (Being known as all o/Tract 22,Highway Garden Tracts,according to the unrecorded plat thereof). Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ('Easement Area'herein)described as follows: A PARCEL OF LAND 42 FEET BY 42 FEET AS DESCRIBED IN EXHI8IT"A" ATTACHED HERETO AND MADE A PART HEREOF, 1. Purpose. Grantee shell have the right to construct,operate, maintain, repair,replace, Improve, remove, enlarge,and use for one or more utility systems within the easement area for purposes of transmission,distribution and sale of gas and electricity. Such systems may Include,but are not limited to: Underground facilities. Conduits,lines,cables,vaults, switches and transformers for electricity;pipes, pipelines,mains,laterals,conduits,regulators and feeders for gas;semi-buried or ground-mounted facilities and pads,manholes,meters,fixtures,attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the In16al construction of all or a portion of Its systems,Grantee may,from time to time,construct such additional facilities as It may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise Its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Arai Clearing and Maintenance. Grantee shall have the right to cut,remove and dispose of any and all brush,trees or other vegetation In the Easement Area. Grantee shall also have the right to control,on a continuing basis and by any prudent and reasonable means,the establishment and growth of brush,trees or other vegetation In the Easement Area., 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not Inconsistent with the rights herein granted, provided,however,Grantor shall not construct or maintain any buildings,structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 6198 UG Electric 101000882 4. Indemnity. Grantee agrees to Indemnify Grantor from and against liability Incurred by Grantor as a resull of Grantee's negligence In [he exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to Indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the oeyligence of others. 5. Abandonment. If Grantee ceases to use [he Easement Area for a period of live(5)successive years,In which event, Ihis easement shall terminate and all rights hereunder, and any Improvements remaining In the Easemenl Area, shall revert to or otherwise become the properly of Grantor: provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially Install Its systems on Ilia Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shall not have Ilia right to assign,apportion or otherwise transfer any or all of its rights, benefits, privileges and Interests arising in and under this easement, other[lien to a successor utility company engaged In the business of providing utility service,without first obtaining the prior written consent of Grantor. Without limiting the generality of the foregoing,the rights and obligations of the parties shall Inure to the benefit of and be binding upon their respective successors and assigns. 7. Term. This easement will expire upon Grantor's dedication Of ilia Easement Area to public righl-of-way purposes. Grantee's occupancy will then be permitted under the terms of the franchise agreement In effect between Ilia Grantor and Grantee. DATED this —day of 1990 GRAN TOR: TIIE CITY OF KENT,WASUINGTON, A MUNICIPAL CORPORATION ------------- ,(/�1 BY: Approved as to form Assistant City Attorney1-rV" t3Z0"4EYZ_ its: :STATE OF WAS14INGTON ) - ------- --__ ------ counlry or- ) SS Engineering Department Director of Public Works and On this day personally appeared before me _ and ,to me known to be the_ respectively,of the City of Kent,a Municipal Corporation,the corporation that executed the foregoing Instrument,and acknowledged the said instrument to be the free and vOhmtary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath slated that they authorized to execute the said Instrument and that the seal affixed Is file corporate seal of said corporatlon_ GIVEN under my hand and official seal this day of 19 Pint Name Notary Public In and for the Slate of Washington. Residing of My commission expires 1`01-Y I'M.10-1 Snd III nm~,mvSI be YISM,1'mdr9lnf DEPARTMENT OF PUBLIC WORKS October 19, 1998 TO: Public Worlcs/Planni Committee FROM: Don Wickstrom RE: Puget Sound Energy, Inc - Easement Puget Sound Energy has requested that the City provide them an easement for the purpose of constructing underground facilities in the vicinity of 196' Street &- 72"d Avenue South. At this time we are requesting authorization for the Mayor to sign the easement agreement with Puget Sound Energy. MOTION: Recommend authorizing the Mayor to sign the Puget Sound Energy Easement Agreement. Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: TEMPORARY EASEMENT TO D .O . T. FOR CONSTRUCTION ACCESS AT RIVERVIEW PARK - APPROVAL 2 . SUMMARY STATEMENT: Approval of a temporary easement to D.O.T for construction access at Riverview Park. On October 20 , the Parks Committee moved to approve and sign the agreement for a temporary easement to D.O. T. at Riverview Park. It will provide site access to construct a retaining wall on state property for the proposed HOV lane on Highway 167 . Construction would occur between 1999 and October, 2002 . Disturbed areas would be restored upon completion of construction. 3 . EXHIBITS: Temporary easement 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 6F TEMPORARY EASEMENT Grantee, its authorized agents and employees, will protect, save and hold harmless the Grantor, its successors or assigns, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omission of the Grantee, its assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this easement. The Grantee, its agents or employees, finther agrees to defend the Grantor in any litigation, including payment of any costs or attorney's fees, for any claims or action commenced, thereof arising out of or in connection with acts or,activities authorized by this easement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Grantor, its successors or assigns; provided that if the claims or damages are caused by or result from the concurrent negligence of: (a) the Grantor, its agents or employees and (b) the Grantee, its agents or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantor's or Grantee's agents or employees. The temporary rights herein granted shall terminate on October 1,2002. Said lands being situated in King County, State of Washington, and described as - follows: As shown hachured on Exhibit A attached hereto and made a part hereof. F.A.No.F-167() DOT 262-102A (tmpel) (7/1/%) Page 2 of 5 pages Tax#242204-9185 TEMPORARY EASEMENT It is understood and agreed that delivery of this Temporary Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation, by the Director of Real Estate Services. Dated , 1998 Accepted and Approved: CITY OF KENT STATE OF WASHINGTON Department of Transportation By: By: JIM WHITE, Mayor Joachim Pestinger, SR/WA Director,Real Estate Services Date: F.A.No.F-167() DOT 262-102A (anpe1) (7/1/96) Page 3 of 5 pages Tax#242204-9185 TEMPORARY EASEMENT STATE OF WASHINGTON ) ss. County of King ) On this day of , 1998, before me personally appeared JIM WHITE, to me known to be the duly elected and qualified MAYOR of the City of Kent, Washington, who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires F.A.No.F-167 () DOT 262-102A (tmpei) (7/1/96) Page 4 of 5 pages Tax#242204-9185 TEMPORARY EASEMENT EXHIBIT A Ptn of SW 1/.of Section 24, T22N, R4E, WM _ '•":� ' J'. 1' !!M Hn KlMT:Jar-!!M 1•A lS1t 3I41 � ` /r•', � - - ����'. I L11+moo. ---� r ? _ / 3 CC Thompson O.L. J� 5.1 11_ •r `` I '4 `C sl 9 Y p Na 7.9 r•'1 t© n 1 c• •/ Govl�t f C,r+� n • . .-�r a� a; iJJ/LL/S c" 5 e c.Za 800 BR-1 67 L\e.•vo�— to I ' I• yA.�` ,��•�-- rC+ovf I Lo+�7. �- ....:.�e-:��_ LC ..... p -tadti.o a�- 11 r t EXHlB17 1 - g,W.Rn3 ;A:LL ,O.L- al u'_.�,aak Ny:.eKx N� _ G .�� Nam' A?PROvED PER SZ ATE H16N '�7 o —�MMISSION 00.DE'0. (�B.Is.t9G.6' - Revie & - - � 35MM.52 167i KENT: SO.285TH ST.TO SO. 228TH ST- - SIMO co"" R1GV-L7 OF WAY _ Siea.T90•p0 ho Sh4822-CIO vyhretpr n.rl .•e... • COrrrrq- wrurrwr �KF Yr Date: L1Qr T Of '$10 SMFRS F. A.No.F-167 ( ) DOT 262-102A (impel) (7/1/%) Page 5 of 5 pages Tax# 242204-9185 After recording return document to: State of Washington Department of Transportation Real Estate Services Office P.O. Box 47338 Olympia, WA 98504-7338 Document Title: Temporary Easement Reference Number of Related Document: N/A Grantor(s): City of Kent Grantee: State of Washington Legal Description: Ptn of Gov't Lot 2 in ptn of SW'/. of Section 24, T22N, R4E, WM Additional Legal Description is on Page(s) 5 of Document Assessor's Tax Parcel Number(s): 242204-9185 TEMPORARY EASEMENT State Route 167, Kent: So. 285th St.to So. 228th St. (Construction Title: SR 167, 15th St. SW to 15th St.NW HOV Lanes-Stage 3) The Grantor, CITY OF KENT, a municipal corporation of the State of Washington, for and in consideration of MUTUAL BENEFITS, conveys and warrants unto the STATE OF WASHINGTON, and its assigns, a Temporary Easement over, under, upon and across the hereinafter described lands for the purpose of placing personnel, machinery and equipment on said lands to install a retaining wall on adjoining state-owned property. The State of Washington shall, upon the exercise of any such rights specified herein, at its sole cost and expense, restore the surface of this Temporary Easement to a condition at least equal to the condition existing immediately prior-to the exercise of such rights. F.A.No.F-167() DOT 262-102A (tmpe1) (7/1/96) Page 1 of 5 pages Tax#242204-9185 ......... ................ ... Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: CONSOLIDATED FOOD MANAGEMENT AGREEMENT - APPROVE AND AMEND BUDGET 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, approve an agreement with Consolidated Food Management Inc . for payment of $40 , 000 a year for three years for expanded use of the Senior Center kitchen. The purpose of this agreement is to provide for preparation of off site meals to the needy. As part of this agreement, Consolidated Food Management will purchase additional kitchen equipment which will become the property of the Senior Center . Approval is also requested to amend the Senior Center budget to include the first payment to the City. 3 . EXHIBITS : City Council minutes of 8/9/97 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $40 , 000 SOURCE OF FUNDS : Consolidated Food Management 7 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 6G Kent City Council Minutes August 19, 1997 !� PARKS & (CONSENT CALENDAR - ITEM 3N) RECREATION (ADDED BY COUNCILMEMBER JOHNSON) Consolidated Food Management Contract. APPROVAL of a contract with Consolidated Food Management, Inc. for three years to use the Senior Center kitchen for the preparation of meals to be served off-site to immigration and naturalization detainees, and other clients as needed. Councilmember Johnson explained that this item had come before the Operations Committee today and that they voted for approval but due to time constraints, it is necessary for the contract to be adopted by the Council tonight so that the contract can be signed. There were no objections from the Council. Consolidated Food Management, Inc. , the current food service provider for the Senior Center lunch program, has requested expanded use of the Senior Center kitchen for the preparation of meals to be /" - served off-site to immigration and naturalization JU detainees, and other Consolidated Food Management clients as needed. Consolidated Food Management has requested a three-year period of commitment. In exchange, Consolidated Food Management will pay the Senior Center $50, 000 annually. Addi- tionally, in order to accommodate the program, Consolidated Food Management will purchase new kitchen equipment (valued at approximately $40,000) which the Senior Center will own after three years. Staff feels confident that there will be minimal impact on the facility, senior programming, or facility rentals. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL.of payment of the bills received through July 15 and paid on July 15, 1997, with the additional approval of payment of bills received through July 31 and paid on July 31, 1997 after auditing by the Operations Committee on August 5, 1997. Approval of checks issued for vouchers: Date Check Number 7/15/97 186648-186939 $ 72547D1.67 ' 7/15/97 186940-187322 1 , 613 .516.'80 $2,338,988.47 16 Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: MISCELLANEOUS GRANTS AND DONATIONS - ACCEPT AND AMEND BUDGETS 2 . SUMMARY STATEMENT: Accept the funds, amend budgets and expend funds as outlined in the attached chart, as recommended by the Parks Committee . The Parks and Recreation Department receives numerous grants and donations throughout the year, each under $5 , 000 . 3 . EXHIBITS: Copies of notices of award and outline of grants and donations 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : Grants and Donations 7 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H PARKS AND RECREATION DEPARTMENT MISC. GRANTS AND DONATIONS - 1998 Grantor Budget Amount Washington State Arts 1999 Canterbury Faire $3, 250 . 00 Commission OSP Home Depot - March For Parks Playground Safety $50 . 00 event Account for Meridian Glen Park Tae Kwon Do Association Resource Center : $500 . 00 Youth/Teen Scholarship Fund Kent Police Employees Make a Difference Day $100 . 00 Benevolent Association Kiwanis Club of Kent Make a Difference Day $100 . 00 Department of Social & Resource Center : $2, 500 . 00 Health Services-DDD Discover Stewpot Theater $2, 000 . 00 Trust Grants "Work Out Buddies" $2, 000 . 00 Creative Movement TOTAL $10, 500 . 00 tATp O i J _ S N (� yy =1 1 r�YY STATE OF WASHINGTON - WASHINGTON STATE ARTS COMMISSION 234 E. 8th Ave., PO Box 42675 • Olympia, Washington 98504-2675 • (360) 753-3860 FAX (360) 586-5351 September 14, 1998 Jim McDonald, Cultural Manager City of Kent Arts Commission 220 Fourth Ave South Kent, WA 98032 Subject: Organizational Support Program (OSP) • Contract No. 99071 Dear Mr. McDonald: The Washington State Arts Commission is pleased to inform you that your Organizational Support application has been recommended for $3,250.00 in funding. Please review Attachment"A": Scope of Work, and also Attachment"B": Payment Schedule. Sign the contract and voucher in the enclosed contract packet- do not separate or remove pages. Return the full packet by October 5, 1998, to the Awards Program, AT'IN: Josie Tamayo, Project Support Manager. In signing the grant contract,you are agreeing to submit a Final Report"no later than 45 days"following the grant contract ending date(WAC 30-14-110 for Awards). Any future grants are contingent upon receipt of an acceptable and complete report. A Final Report form will be mailed to you at a later date, but you can put the August 13, 1999 due date on your planning calendar now. If you disagree with the commission's award,you may request a review under the Appeals procedure -Awards and contracts, described in WAC 30-08-070 and on the buff colored page following this letter. An appeal must be filed in writing, no later than October 14, 1998. If you have questions regarding appeals, you may contact me at 360/ 753-3858. Josie Tamayo is.available at the Awards Program, 360/753-3858,to answer questions regarding contracts and payment procedures. If you have provided us with a mailer and postage for the return of your work sample(s), it will be sent separately. SitAwar l rogram Manager MF/JT Enclosures: Appeals Procedure-WAC 30-08-070; Awards Program Contract; Voucher, WSAC Logo Slick CITY OF Jim White, Mayor' The Home Depot Valerie Gipson 2455 Paces Ferry Road Atlanta, GA 30339-4024 Dear Ms. Gipson: Thank you for your matching gift of$50.00 on behalf of Connie McKenzie. -onnie worked with the City of Kent to raise funds for the purchase of play equipment for her neighborhood park. We are pleased to acknowledge that we have raised sufficient funds to purchase a nice selection of play equipment, scheduled for installation on Saturday, October 10, 1998. On behalf of the community of Kent. I thank you for supporting this valuable community project. Have a great day! Z , cFall, Parks Development Coordinator onnie McKenzie John Hodgson, Parks and Recreation Director Lori Flemm, Park Planning and Development Superintendent 2204th AVENU, ,;'';TH / KENT.WASHINOTON VNIq?-5695/TELEPHONE 159.131H1 To: Lori Flemm From: Pamela McFall RE: Cash Donation The Washington State Tae Kwon Do Association has given the City of Kent a$500 contribution to be set up in a scholarship fund for youth/teens active in our adventure, skill building, and enrichment classes. The goal of the scholarship is to provide access to positive recreation opportunities for the financially challenged. There is one restriction for use of funds. The funds may not be used to support Tae Kwon Do Classes as to not compete with the private programs in the community. This donation was a result of speaking with Master Kim, President of the W.S. Tae Kwon Do Assoc. in an effort to support the community in a positive way by contributing a portion of the proceeds generated from the State Tournament held in September 1998. M KP Ali NfASNINGTOlf8TA7E�7AEKMfII�COK�SSOC(Agpp�i°. +s <2062T84S7 PCyk. L•yNNWpO1T,WA BBOOB� � �� �`, � + "ka`s r PAT TVTW LAKE } WA51NN6101� Ito �a 1: 32So7O ?6O1: 53 Los, 3O576 Sill7 )' OL KENT POLICE EMPLOYEES BENEVOLENT ASSOCIATION �j September 29, 1998 City of Kent Parks and Recreation 220 4th Avenue South Kent, WA 98032-5895 Subject : National Make a Difference Day, October 24, 1998 Enclosed is the Kent Police Employees Benevolent Association' s (KPEBA) check number 1107, in the amount of $100 . The community services and enhancements provided through the city' s Make a Difference Day programs fit well within KPEBA' s mission. We appreciate the opportunity to participate in this program with our donation. We hope this year' s event will be as successful as in years past. Sincerely, Debra LeRoy Treasurer KENT POLICE EMPLOYEES 98-7080/3251 1107 [BENEVOLENT ASSOCIATION INC. 23K 4THNT, WA SOUTHKENT. WA 980ci2 �RQ UND rwestRV 1708061: 27 110008 24i1' 0 P.O. BOX 1549 KENT,WASH INGTON 98035 cITY OF Jim White,Mayor August 24, 1998 Jack Beevar Kiwanis Club of Kent 11617 SE 258 h Kent,WA 98031 Dear Jack and members of the Kiwanis Club of Kent: Saturday, October 2e is National Make a Difference Day! This day is the largest Everyday Americans,corporations,government community service effort in the nation leaders and charitable organizations take action to help others on one day. The City of Kent once again takes action by hosting its 0 Annual Make a Difference Day benefiting the community of Kent. Last year,200 volunteers coupled with city staff planted 1,600 native trees and shrubs at Clark Lake Park to create a wetland buffer and enhance wildlife in the park. This year,we are continuing our efforts by hosting the following projects: Clark Lake Park—Wetland plantings and trail developmentlenhanclments. Lake Fenwick Park—Shoreline clean-up,plantings and trail enhancements. Bulb Planting—We are adding a splash of color to our parks by recruiting volunteer groups to plant bulbs. Adopt-A-Park—All of our parks or day of l! Gro ps/indi�d are encouraged to adopt their Park for As with past Make a Difference Day projects,I am seeking support for our project. Your contribution of$100 will allow us to purchase"Make a Difference d Da�iy°motional It materials to give away to the anticipated 200 vvol me small token of than for helping is our goal to acknowledge volunteers by givingat the day of our us build a better Kent. All donors of this project will be recognized event as well as in media coverage and future Kent Parks and Recreation Publications. -�. .I�.... ../^.. ..vim. ..^+' '^"'z 19-10 �Kiwarrts'cwB OF•KENT 1250 Z53'HILLTOP AVE.'H .... � -ORDEROF 4 DOLLARS 9 LJ.S BANK 1-800-US BAN KS�56S ti U.S. O VAS,UNGTON,NATIONAL ASSOCIATION ���� r 1 ( I.114 -hws� Q�c ati n �_ _--Gj f� a P�� M' 4�gTATl�� O A Oy y'� IBl9� STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES N46-6 • 1700 E Cherry St • Seattle WA 98122-4695 September 15, 1998 Kent Parks and Recreation 315 E. Meeker Street Kent, Washington 98031 Dear Cheryl Fraser, This letter is to inform you that Kent Parks and Recreation Program has been awarded a DDD Discovery Trust Grant for the 1998-99 year. You submitted your application for the fund, and requested a sum of $5530.00 to support 26 teens and adults with and without disabilities in the Stewpot Theater. Your agency has been approved for the amount of $2500.00 for the 1998-99 Discovery Trust Fund. Sincerely yours, Jim Magee, supervisor Discovery Trust Fund Division of Developmental Disabilities 1700 E. Cherry Street Seattle, Washington 98122 ��• i0 STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES N46-6 • 1700 E Cherry St • Seattle WA 98122-4695 September 14, 1998 Kent Parks and Recreation 315 E. Meeker Street Kent, Washington 98031 Dear Cheryl Fraser, This letter is to inform you that Kent Parks and Recreation Program has been awarded a DDD Discovery Trust Grant for he 1998-99 year. You submitted your application for the fund, and requested a sum of $3910.00 for "Work Out Buddies" integrated fitness program up to 200 hours. Your agency has been approved for $2000.00 for the 1998-99 Discovery Trust Fund. Sincerely yours, im Magee, supervisor Discovery Trust Fund Division of Developmental Disabilities 1700 E. Cherry Street Seattle, Washington 98031 STATg FaE �A O � 0 :eB9� STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES N46-6 • 1700 E Cherry St ■ Seattle WA 98122-4695 September 14, 1998 Kent Parks and Recreation 315 E. Meeker Street Kent, Washington 98031 Dear Cheryl Fraser, This letter is to inform you that Kent Parks and Recreation Program has been awarded a DDD Discovery Trust Grant for the 1998-99 year. You submitted you application for the fund, and requested a sum of $4510.00, to support a Creative Movement integrated program for people with more severe physical disabilities. Your agency has been approved for the amount of$2000.00 for the 1998-99 Discovery Trust Fund. S' erely yours, 0�2� im Magee, supe s� Discovery Trust Fund Division of Developmental Disabilities 1700 E. Cherry Street Seattle, Washington 98031 Kent City Council Meeting Date November 3 . 1998 Category Consent Calendar 1 . SUBJECT: KING COUNTY 1998 EMS FUNDING CONTRACT - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the contract with King County EMS, subject to City Attorney approval of contract documents . The contract will allow the City to receive funds as per the EMS Levy. Earlier this year an EMS levy was passed for a three (3 ) year period, beginning in 1999 . This levy also included funding for the 2nd half of 1998 . In order to receive these funds the City must enter into a contract for one (1) year to receive $330 , 912 for 1998 . The Attorney' s Office is going through the final revisions of the contract wording. The contract for 1998 with the respect to the terms of the agreement is similar to the previous six (6) year agreement . Authorization to sign the contract will expedite receipt of these funds . A contract for 1999 , 2000, and 2001 will be presented to Council after the first of the year. 3 . EXHIBITS : Copy of contract 4 . RECOMMENDED BY: Fire Chief Angelo & Operations Committee (3 -0) (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I King County Contract No. D26018D Federal Taxpayer ID No. Department/Division Seattle-King County Department of Public Health Agency Kent Fire Department/King County Fire District#37 Project Title Basic Life Support Contract Amount $ 330,912.00 Fund Code Real Prop. Taxes Contract Period From: July 1, 1998 TO December 31, 1998 KING COUNTY BASIC LIFE SUPPORT SERVICES CONTRACT- 1998 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Fire Department/King County Fire District#37, whose address is 24611 116th Avenue S.E.,Kent,WaA 98031 (the "Agency"). WHEREAS,the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES Real Property Taxes $330,912.00 7/l/98 to 12/31/98 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 12926. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: X Scope of Services (Program Plan and Budget) Attached hereto as Exhibit I X Basic Life Support Standards Attached hereto as Exhibit II X Reporting Requirements and Expenditure Guidelines Attached hereto as Exhibit III X Invoice Attached hereto as Exhibit IV X Certificate of Insurance Attached hereto as Exhibit V EMERGENCY SERVICES 98 �" l Kent/KCFD#37-BLS II. DURATION OF CONTRACT This Contract shall commence on the 1st day of July 1998 and shall terminate on the 31st day of December 1998 unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. - III. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the agency for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: Upon receipt of the invoice as set forth in Exhibit IV which complies with the budget set forth in Exhibit I. B. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 15 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than forty-five(45)days after the appropriate invoice is received. C. The Agency shall submit its final invoice and all outstanding reports within 15 days of the date this Contract terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. IV. OPERATING BUDGET When a budget is attached hereto as an exhibit,the Agency shall apply the funds received from the County under this Contract in accordance with said budget. The Contract may contain separate budgets for separate program components. The Agency shall request prior approval from the County for amendment to this Contract when the cumulative amount of transfers among the line item categories within each funding source's program budget is expected, by the end of the Contract period,to exceed 10% of the Contract amount for that program budget. "Cumulative transfers"shall be defined as the total amount of over-expenditures of individual line item categories within a specific program budget; the total amount for said specific program budget remaining unchanged. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. V. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. EMERGENCY SERVICES 98 2 KendKCFD#37-BLS VI. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be maintained for a period of six(6)years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. VII. EVALUATIONS AND INSPECTIONS A. The Agency shall provide right of access to its facilities, including those of any subcontractor to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Agency in the case of fiscal audits to be conducted by the County. B. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six(6)years after termination hereof, unless a longer retention period is required by law. C. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW KCC Chapter 42.17. VIH. CORRECTIVE ACTION If the County determines that a breach of Contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Agency in writing of the nature of the breach; B. The Agency shall respond in writing within three (3)working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten(10) days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; OD EMERGENCY SERVICES 98 �� 3 Kent/KCFD#37-BLS C. The County will notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The determination of sufficiency of the Agency's corrective action plan shall be at the sole discretion of the County; D. In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI.B; E. In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI, Subsections A, B, C, D, and E. IX. ASSIGNMENT/SUBCONTRACTING A. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Agency not less than fifteen(15)days prior to the date of any proposed assignment. B. "Subcontract"shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract,or (2) supplies. X. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency thirty(30)days advance written notice of the termination. B. The County may terminate this Contract, in whole or in part, upon seven (7)days advance written notice in the event: (1)the Agency materially breaches any duty, obligation, or service required pursuant to this Contract, or(2)the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection XI.B.1., the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II,the County may, upon written notification to the Agency,terminate this Contract in whole or in part. EMERGENCY SERVICES 98 - 4 Kent/KCFD#37-BLS If the Contract is terminated as provided in this Subsection: (1)the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2)the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligations under this Contract beyond the current appropriation year are conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved,this Contract will terminate at the close of the current appropriation year. D. The Agency may terminate this Contract upon seven (7)days written notice, should the County commit any material breach of this Contract. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations,terms, and conditions set forth in this Contract are breached by the other party. XI. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Agency is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tar, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibilities for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County, their officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1)the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or(2)the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. B. The Agency further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The Agency shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, EMERGENCY SERVICES 98 ��� 5 KCnt/KCFD#37-BLS arising out of,or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents in providing services pursuant to this contract. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only,any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency. The County shall protect, defend, indemnify, and save harmless the Agency, its officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of. or in any way resulting from,the negligent acts or omissions of the County, its officers, employees, and/or agents in providing services pursuant to this contract. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose,the County, by mutual negotiatic ereby waiv r , as respects the Agency only, any immunity that would otherwise be available ., ainst such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film,tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent,trademark, trade name, and/or otherwise results in unfair trade practice. XIII. INSURANCE REQUIREMENTS A. By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or subcontractor. The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. For All Coverages: Each insurance policy shall be written on an "occurrence" form; except that insurance on a"claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a"claims made"basis,the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a"claims made" form to an `occurrence" coverage form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract. The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. EMERGENCY SERVICES 98 ��� 6 Kent/KCFD#37-BLS B. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number(CG 00 01 Ed. 11-88)covering COMMERCIAL GENERAL LIABILITY). 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional. 3. Automobile Liability: In the event that services delivered pursuant to this Contract involve the transportation of clients by Agency personnel in Agency-owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number(CA 00 01 Ed. 12-90)covering BUSINESS AUTO COVERAGE, symbol I "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or"Other States"state law. C. Minimum Limits of Insurance The Agency shall maintain limits no less than, for: 1. General Liability: $1 Million combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a 2 Million aggregate limit. 2. Professional Liability, Errors, and Omissions: $1 Million. 3. Automobile Liability: 1 Million combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation: Statutory requirements of the state of residency. EMERGENCY SERVICES 98 -' 7 Kent(KCFD#37-BLS D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by,the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain,the following provisions: 1. General Liability Policies a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection with this Contract. b. To the extent of the Agency's negligence, the Agency's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees,or agents shall not contribute with the Agency's insurance or benefit the Agency in any way. c. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought,except with respect to the limits of the insurer's liability. 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five(45) days prior written notice has been given to the County. F. Acceptability of Insurers Unless otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. If, at any time, the foregoing policies shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. OD EMERGENCY SERVICES 98 ` � 8 Kent/KCFD#37-BLS G. Verification of Coverage The Agency shall fumish the County with certificates of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. H. Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall furnish separate certificates of insurance and policy endorsements for each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. I. Municipal or State Agencv Provisions If the Agency is a Municipal Corporation or an Agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. XIV. NONDISCRIMINATION The Agency shall comply with all applicable federal, state and local laws regarding discrimination. XV. MINORITY AND WOMEN'S BUSINESS ENTERPRISES The requirements of KCC Chapter 4.18, Minority and Women's Business Enterprises, have been waived for this contract. XVI. CONFLICT OF INTEREST A. The Agency covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Agency shall take appropriate steps to assure compliance with this provision. B. If the Agency violates the provisions of Subsection XIX.A.,the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section XI. above, as well as any other right or remedy provided in this Contract or law. XVH. POLITICAL ACTMTY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. EMERGENCY SERVICES 98 0c,� 9 Kent/KCFD#37-BLS XVIII. EQUIPMENT PURCHASE MAINTENANCE,AND OWNERSHIP A. The Agency agrees that any equipment purchases, in whole or in part, with Contract funds at a cost of$1,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. B. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. C. The Agency will ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. D. The Agency will admit the County's Property Management Officer to the Agency's premises for the purpose of marking such property with County property tags. E. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. XIX. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing; and B. Directed to the chief executive officer of the Agency and the director/manager of the County department/division specified on page 1 of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XX. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the Agency. The Agency agrees to and does hereby grant to the County, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract. XXI. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. EMERGENCY SERVICES 98 ��� 10 Kent(KCFD#37-BLS XXII. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than 15% higher than the cost of non-recycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical at the fulfillment of this Contract. XXHL ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of beach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County,which shall be attached to the original Contract. OD EMERGENCY SERVICES 98 ' ' I I KCnt/KCFD#37.BLS XXIV. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor agree, when applicable,to abide by the terns of Chapters 26.44, 69.54, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder; the Basic Interagency Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable,which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract,the language in the Contract shall control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. KING COUNTY: AGENCY NAME FOR King County Executive Signature Date Name(Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING AT70RNEY October 6, 1998 EMERGENCY SERVICES 98 �� 12 Kent/KCFD#37-BLS EMERGENCY MEDICAL SERVICES FUNDS JULY 1,1998 -DECEMBER 31, 1998 PROPOSED BUDGET FORM-BASIC LIFE SUPPORT SERVICES Applicant Agency City of Kent/King County Fire Prot. Dist. #37 Contact Person Norman G. Angelo Title Fire Chief Address 24611 116th Ave SE Kent WA 98031 Phone (253) 859-3322 Budget Category Amount Requested for July 1, - December 31. 1998 A Personnel I. Salaries&Benefits ** 323,912.00 2. Per Shift Payments (list rate per shift) 3 Per Call Payments (list rate per call) B. Supplies (itemized on separate sheet) 2,000.00 C. Equipment (itemized on separate sheet) 5,000.00 - D. Support Service (itemized on separate sheet) E. Total EMS Funds Allocated in July I, 1998 - December 31, 1998 330,912.00 / * Please list only total amount of requested funds by category on this page. Attach itemized list of proposed expenditures if you are requesting funds for supplies,equipment, or support services. ** Attach explanation of how requested funds for salary and benefits were calculated and how they will be used in accordance with the expenditure guidelines. An agency may request BISS funding for that portion of salaries and benefits that can be attributed to EMS (% aid calls out of total fire and aid calls) up to the BLSS allocation for that agency. Show Ws and total salary/benefit budget used to derive BLSS request. f.y EXHIBIT 1 JULY 1, 1998 - 7DECEMBER 31, 1998 PROGRAM PLAN AND PROPOSED BUDGET I. Identification Information A. Name and number of Fire Protection District or Fire Department: City of Kent/King County Fire Prot. Dist. #37 B. Name of Chief: Norman G. Angelo Mailing Address 24611 116th Ave SE Kent WA 98031 C. Name of EMS Coordinator (and Training Coordinator if different): Ken Weatherill Telephone No. (253) 859-3331 Telephone No. D. Location: manned or unmanned status of all fire stations in your department of district; location of aid vehicles. Include the address of each station (use other side if necessary). Deify No. EMS Response No. & Type Fire Address Unit Status Vehicles at Location Vehicles at 1. Station # 71 X Full Time X 1 - In Service 1 - Engine/Aid Vehicle �d W. Crow Part Time/_ 1 - Ambulance Vol. Kent 98032 2. Station # 72 X Full Time x 2 - Inservice 1 - Engine/Aid Vehicle Part Time/ 25620 140th Ave SE Vol. 1 - Tender (Vol) Kent 98042 1 - Ambulance 3. Station # 73 X Full Time X 1 - In Service 1 - Engine/Aid Vehicle Part Time/ 26512 Military Rd SoVol . 1 - Engine (resery ) Kent 98032 a. Station # 74 x Full Time x 1 - In Service 1 - Engine/Aid Vehicle Part Time/ 1 - Engine Aid Vehicle (reserve) 24611 116th Ave SE Vol. 1 - Cnmma^d voh4�lp Kent 98031 1 - Ladder/Aid 1 - Ambulance Include aid units as well as fire apparatus, command cares, rescue units, etc. STATIONS PLANNED FOR CONSTRUCTION JULY 1, 1998 - DECEMBER 31, 1998 Aloiv E- Address Status Vehicles Address Defib Unit Status Aid Vehicles Fire Vehicles Station #75 X Full Time 1 - In Service 1 - Engine/Aid Vehicle 5635 SE 272nd 1 - Engine (reserve) Kent 98042 1 - Engine (reserve) 1 - Ambulance Station #76 X Full Time 1 - In Service 1 - Ladder (reserve) 20676 72nd Ave So. 1 - Engine/Aid Vehicle Kent 98032 1 - Haz Mat Unit 1 - Engine (reserve) Station 77 X Full Time 1 - Inservice 1 - Engine/Aid Vehicle 21006 132nd Ave SE 1 - Engine (reserve) Kent 98031 NOTE: All of our Engine/Aid Vehicles, as well as one of our ladder units, are licensed as aid units by D.S.H.S. We have nine (9) licensed aid units and four (4) licenced ambulances. Exhibit July 1, 1998 - December 31, 1998 Program Plan and Proposed Budget - Page 2 E. Agency Response Information Number of fire suppression responses in 1997 3522 Number of EMS aid responses in 1997 8011 Total number of responses in 1997 11 .533 Percent aid responses of total responses 69.75 II. Relationships With other EMS Agencies A. Specify location of transfer points with paramedic provider groups if applicable: Exhibit 1 July 1, 1998 - December 31, 1998 Page 3 III. Personnel A. Number of full-time paid fire fighters 127 of which 110 are EMT's and -0 are First Responders. * B. Number of volunteer fire fighters 20 of which 11 are EMT's and -0- are First Responders.* C, Number of personnel currently trained in defibrillation 96 Automated External Defibrillator Certified -0- Manual Defibrillator Certified 96 * Certified as First Responders by State of Washington IV. EMT Oefibrillation Prooram 12 Physio Control First Medic #710 A.E.D. _ A. Number and type of defibrillator units Manual B. Location of defibrillation equipment (address) All Stations have at least one (1) unit. Station 71 & 72 have two (2) units. Station 74 has three (3) units . We have one (1) unit in reserve. C. Unit numbers of aid vehicles) usually carrying defibrillation equipment (use numbers) recorded when completing EMS Medical Incident Reporting Form). 57-12, 57-11, 57-22, 57-21 , 57-32, 57-41, 57-42, 57-43, 57-52, 57-62, 57-72 D. Do you intend to convert to automated defibrillation in 19977 If so, how many units will you purchase? No What make? If not, when do you plan to make the conversion? Do you plan to make additional purchases to update equipment? No If so, how many and what type? V. Budget The EMS Division is seeking to collect information that documents total fire department expenditures for emergency medical services. We are also requesting each fire department to report its total operating budget for the year. In order that the information be consistent, please exclude from these totals major capital expenditures including vehicles and buildings, and monies earmarked for bond payments, etc. A. Estimated total EMS budget for July 1, 1998 - December 31, 1998 S 636,438.00 of which S 130.912.0 is provided by EMS funds. B. Total fire department or fire district 12,872,460.00 budget for July 1, 1998 - December 31, 1998. Exhibit 1 July 1, 1998 - December 31, 1998 Page 4 VI. Fees for Services A. . Does your department charge for providing emergency services? Yes No X B. If yes, please provide a list of charges below. VII Service Improvements/Changes Please describe how EMS funds will be used by your department in July 1, 1999 - December 31, 1998 to improve services to the citizens of King County. To supplement total EMS budget to maintain quality and timely delivery of EMS in the face of increasing demand for services . With local funds we will cover the remaining costs of the total EMS budget. =.X I32'" 2 KING COUNTY EMERGENCY MEDICAL SERVICES Basic Life Support Standards The following standards shall be complied with by the agency in order that the agency be eligible for basic life support services funding from King County. Failure to comply with standards adopted by King County pursuant to Chapter 2.26 of the King County Code or by the County Medical Program Director pursuant to Chapter 18.73 and 18.71 RCW, shall be sufficient grounds for the termination of said funding. In the event of future changes in the basic life support service standards adopted by King County, each agency shall have the opportunity to review and comment on the proposed changes before their adoption. I. P rse �jnne!: All emergency medical services personnel supported directly by King County funds must be certified as an Emergency Medical Technician as defined by RCW 18.73. II C ontinui 4hjedi 1 F,dncation: Emergency medical services personnel will participate in a program of continuing medical education approved by King County and the County Medical Program Director. III. Medicni Standards: Each agency providing emergency medical services shall adhere to standards of medical care for the triage, treatment and transport of patients as authorized by the Medical Program Director pursuant to RCW 18.73 and 18.71, and Chapter 2.26 of the King County Code. IV. Eguinment: a. All vehicles used to deliver emergency medical services and support by King County funds must meet vehicle standards as established by the Washington State Department of Health pursuant to RCW 18.73. b. Medical equipment used by personnel supported by King County funds must meet appropriate federal, state or county standards. V. Response Time: Each agency providing emergency medical first response service shall maintain an average annual response time, as measurrd from receipt of call by a dispatcher to arrival of EMS personnel at the scene, that does not exceed five (5) minutes. Except that agencies identified as rural (with a population density of less than 1,000 per square mile) shall maintain an average annual response time, as measured from receipt of call by a dispatcher to arrival of EMS personnel at the scene, that does not exceed six (6) minutes. Page 2 King County Basic Life.Support Standards VI. Reporting: Each agency shall use the King County Medical Incident Report form provided by King County to report each incident in which an emergency medical response in initiated. All report forms must be completed and sent to the King County Emergency Medical Services Division within ten (10) days of the end of each month. VIL First Respnns Mutual Aid Agreements: Each public agency providing basic life support services shall have written first response mutual aid agreements or similar arrangements in effect so that the closest emergency medical service personnel will respond to an emergency medical incident without regard to political boundaries. VM. Proposed Res ar h and Fyal intinn Activities: Any proposed research and evaluation activities involving personnel, equipment or data supported diractly_or indirectly by King County funds must receive prior review and written approval by the Medical Program Director and the King County Emergency Medical Services Division Manager and must be in compliance with State, County and local regulations and laws. 1992 EXHI3IT 3 ^�., f^"'�T y M""lTr•T C^7�lT rFC FY7��-+,T rnT!D F.. �...r^tom Tlj=^^ FnD L�}Crr Lr._....• C•TD on p.n These funds shall be used only for the provision of emergency medical care or emergency medical services including related personnel costs, training for such personnel, and related equipment, supplies, vehicles, and structures needed for the provision of emergency medical care or emergency medical services (RCW 84 .52.069) . This provides a broad scope of potential used for funds, but strictly requires these funds to be used only for emergency medical care or services, not for fire suppression equipment or activities. Eligible expenditures are listed below. A. ➢orcpnnol rncrs 1. C 1 rioc and Pon firs EMS funds may be used to pay the salaries and benefits, or a portion thereof, of firefighter/ emergency medical technician (EMT) personnel who are regularly and normally assigned on shift to provide emergency medical services as their primary responsibility. 2. ➢ay`onrc rn VOd ur.ro??s EMS funds may be used to pay volunteer firefighter EMT's per shift payments or per call payments as provided below: a. Per shift payments to volunteers are eligible in proportion to the ratio of emergency medical service responses cc fire responses for the fire department. b. Per call payments to volunteer firefighter/EMTs are _eligible provided those responses are requests for emergency medical services. EMS funds may be used to purchase medical supplies necessary for the delivery of basic life support services. Where supplies, support services, and equipment may be used for bcch basic life support and fire suppression activities, only those costs directly attributable to the provision of emergency medical services may be considered as eligible expenditures of EMS funds . EMS funds may be applied toward a portion of these costs, provided that portion does not exceed the proportion of emergency medical responses to fire responses for the department. All supply and equipment requests shall be , reviewed as to their appropriate use in the King County MS system. • =xYiib:� 3 . Page 2 C. =? Linmcnr E4S funds may be used for the purchase or lease of equipment used in the.delivery of basic life support services including, but not limited co, the following: I. Equipment required for all ambulances and first aid vehicles pursuant to WAC 248 .17; 2. Equipment associated with the development or main- tenance of emergency medical skills, such as CPR manikins, slide and/or tape productions and Projection equipment; 3 . Communications equipment, such as pagers and portable radios assigned to personnel with responsibility for first response to medical emergencies; 4. Co=nunications equipment necessary to dispatch personnel to medical emergencies, provided that the amount of EMS. funds expended may not exceed the ratio of emergency medical responses cc all other responses dispatched; S. Vehicles meeting licensing requirements as ambulances pursuant to WAC 248 .17 or as firs aid vehicles equipped to transport. D. Gttt)DOrr Sp�rj � EMS funds may be used to provide support services necessary for the delivery of basic. life support services. The following support services are eligible for funding: 1. Dispatching - E^-dS funds may be applied cowards a Portion of the costs of dispatching. 2. Operating and maintenance costs for emergency medical equipment; including EMS vehicles, cardiac monitors, blood pressure cuffs, suction units, ecc. 3 . Continuing education costs associated with the certification or recertification of emergency medical technicians 4. Maintenance of dispatch equipment, such as, base stations, consoles, ancennas, ecc. 2 E / 2 c x . CL cc a). / \ � k c 2 \ k 0 — 6 (D 03 v 0 k2 = � o — \ N � CL 77 § U \ a f : E LL /® / Cc CD LU . 7 > § t \ / c 2 = CL o \ I _ 2 2 _k 2 2 2 \ 0 k� § � © o G x � oa ui D x LU 0 . ca _ 0- m 0 \ / CD . � \ k @ c E = e % cu a) m 0 3 7 } , [ \ — ° � E — _ % cz ! C } E / 0 c � 2 I $ / 2 | 0 2 \ ` g . : 6. o ca _ } o ' CF § < ƒ ` r \ $ / } ktm o 2 *k 2 2 } / § 0 § = r (D 2 / 22 cc } LL < . . . . . m 2 $. / ............. �. Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: SURPLUS PROPERTY POLICY REPEALER - RESOLUTION 2 . SUMMARY STATEMENT: As recommended by the Operations Committee, passage of Resolution No . [6 , 1 , repealing Resolution No. 1030 relating to procedures for disposal of surplus property. Resolution No . 1030 established a process for the disposition of surplus property. Because of the diversity of property that the City needs to surplus and because determining value of surplus property is inherently unpredictable, procedures set forth in Resolution No. 1030 have become cumbersome, time consuming, and sometimes counter- productive to achieving the best market price for the property selected for surplus . 3 . EXHIBITS : Resolution 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 6J RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 1030 relating to procedures for disposal of surplus property. WHEREAS, on October 15, 1984, the Kent City Council passed its Resolution No. 1030, which established procedures for disposal of surplus property owned by the City of Kent; and WHEREAS, this resolution established a process for the disposition of surplus property which required (a) an individual city department determination that property had become surplused to the City's needs; (b) a determination by the appropriate council committee concurring with the department determination; (c) a determination by the City Council that the property was in fact surplus to the City's use; and (d) City Council direction as to the final procedure to be used to surplus the property; and WHEREAS, the State of Washington has established statutory procedures for surplusing certain public utility and fire equipment property, but otherwise does not establish or require that a city implement surplus property procedures; and WHEREAS, because of the diversity of property that the City needs to surplus from time to time, and because determining the value of surplus property is inherently unpredictable, the procedures for surplusing property established in Resolution No. 1030 have become cumbersome, time consuming, and sometimes counterproductive to achieving the best market price for the property that is selected for surplus; NOW THEREFORE, .... 1 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated and fully made a part of this resolution. SECTION 2 City of Kent Resolution No. 1030, originally passed on October 15, 1984, is hereby REPEALED. 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 1998. JIM WHITE,MAYOR - ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1998. BRENDA JACOBER, CITY CLERK P:LL.AWVL=1utionvepW 1030.rm.d= 2 rr RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to procedures for the disposal of surplus property. WHEREAS, the City Council of the City of Kent, Washington has identified a need to develop a consistent policy for the disposal of surplus property; and WHEREAS, decisions regarding the disposition of property should take into account all potential public uses of City owned property soAas to best serve City policies and interests; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES RESOLVE AS FOLLOWS: Section I. All equipment, furniture, materials or property of any kind which was procurred with City funds shall be considered City property. Section 2. Whenever a department determines that any property has become excess to its current needs the department shall notify other departments of the availability of surplus property for their use. Section 3. If no department hyss need for property which has been declared surplus then Department shall establish the estimated fair market value of the property by consulting with vendors in the area who deal in similar items. Section 4. City Council approval is required for the sale of property where the estimated fair market value is over one thousand dollars ($1,000) . No property originally acquired for public utility purposes shall be leased, sold or conveyed unless the requirements of RCW 35.94.040 have been met. All dispositions of property to government agencies shall meet the requirements of RCW 39.33.020. Section 5. When the estimated fair market value is under one thousand dollars ($1,000) , the Department wi 1 arrange to sell the property by means most advantageous to the ity. Such means may include but are not limited to, negotiated sale at fair market value, sealed bids or auction. Section 6. No employee of the City of Kent or any subdivision thereof who participated in declaring property surplus or establishing fair market value for purposes of sale, shall be allowed to purchase or otherwise acquire the property. Section 7. The value received from the sale of surplus property shall be deposited with the Finance Department as revenue from the department surplusing the property. Section S. The provisions of this Resolution do not apply to the following: 1. Real property 2. Unclaimed property disposed pursuant to RCW 63.32 3. Property which has been seized pursuant to RCW 69.50. Passed at a regular meeting of three City Council of the City of Kent Washington this L day of &c,Ci 1984. Concurred in by the Mayor of the City of Kent, this /7 day of & 1984. i ISABE1, Rio MA O ATTEST: MARIE J SEN, CITY CLERK APPROVED AS TO FORM: P. STEMEN DiJULIO, ITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ( 0 30 , passed by the City Council of the City of Kent, Washington, the [_ day of cSa- 1984. (SEAL) MARIE JEN CITY CLERK 120-10 -2- �/ Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: PROPOSED SISTER City, CASTLEREAGH, NORTH IRELAND - RESOLUTION 2 . SUMMARY STATEMENT: As recommended by the Operations Committee, passage of Resolution No . /519 , relating to the formation of a sister City relationship between the City of Kent and Castlereagh, Northern Ireland. After receiving a presentation on Castlereagh by the Northern Ireland Sister City Committee, the Kent Sister City Association Board reviewed the proposed relationship under the City of Kent ' s Sister City Selection Criteria and recommended that the City of Kent accept Castlereagh as a new Kent sister city so that both communities can benefit through the development of economic, cultural , educational , professional/technical , people exchange . 3 . EXHIBITS: Resolution and 10/15/98 memo to Operations Committee 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K City of Kent MEMORANDUM DATE: October 15, 1998 TO: Kent City Council Operations Committee FROM: Dena Laurent "ai A � Government Affairs Manager SUBJECT: Proposed Sister City: Castlereagh,Northern Ireland The (would be) Castlereagh Sister City Committee and the Kent Sister City Association are pleased to recommend formation of a sister city relationship between Kent and Castlereagh,Northern Ireland. We request the Operations Committee recommend approval of this relationship to the Kent City Council. A draft resolution stating this intent is included as Appendix A. If the Committee recommends formation of the relationship, this resolution would be prepared in final form for the following City Council meeting. A profile on Castlereagh is attached as Appendix B. Background on the Sister City Process Resolution 1380 describes the criteria for formation of sister cities. Castlereagh meets the criteria for sister city selection and the Castlereagh Sister City Committee has completed the necessary steps to initiate and support the relationship. The Resolution requires approval from the Kent Sister City Association Board. This approval was granted by the KSCA at its meeting on September 29, 1998. Following Board approval, we are now requesting Council approval before signing of a formal document with Castlereagh. Resolution 1380 is attached as Appendix C. The agenda from the KSCA Meeting is attached as Appendix D. Background on Castlereagh Relationship Mayor White met representatives from Castlereagh at the Sister Cities International Conference several years ago. Since that time, we have corresponded informally with Castlereagh and began discussions about forming a sister city relationship. A delegation of elected officials and staff from Castlereagh visited Kent last spring and found our two communities very similar. The delegation visited many of our municipal and educational facilities as well as the Kent Chamber of Commerce. Following the visit, we inquired in the community whether there were individuals who would like to form a committee to support a relationship with Castlereagh. To date, 20 individuals have expressed interest. Three meetings have been held with this group, resulting in the workplan attached as Appendix E. The Mayor and four members of his family vacationed in Ireland and Northern Ireland in early July, and spent three days touring in Castlereagh. Their visit was very productive and confirmed the interest and potential on both sides for forming this relationship. Castlereagh and Kent Like Kent, Castlereagh is a suburb of a major metropolitan area, Belfast. Its population of 64,200 is similar to Kent, as is its size at 32.6 square miles. Castlereagh is a borough and includes the commercial centers of Dundonald and Carryduff and the villages of Moneyreagh and Crossnacreevy. Castlereagh is experiencing significant residential growth as a result of the Belfast Urban Area Plan and is concerned about protecting open space and providing adequate manufacturing and business lands to ensure a strong economy. Castlereagh is in close proximity to two airports, several seaports, rail lines and highways. Its major industries include manufacturing (European Components and Shorts Missile Systems), health care (Ulster Hospital), education (Castlereagh College) and a significant service sector. The Borough Council has an aggressive Economic Development Partnership which has experienced success in its early efforts. Like Kent, Castlereagh citizens enjoy a high quality of life. Residents have easy access to utilities, goods and services. Over 69%of residents own their homes. Ninety percent of those homes were built after World War II. Castlereagh also has an award-winning public housing program. Castlereagh has a high ratio of leisure facilities for its population and has embarked on development of a number of additional world-class facilities (including an ice rink!). Castlereagh's Council has 23 members elected by district for four-year terms. The Council meets monthly, with several working committees meeting more frequently to work on specific issues. In comparing Kent and Castlereagh, the communities share an interest in the issues of education and growth management and each are looking forward to exchanges in the areas of education, recreation, culture and business. Specific plans are suggested in the attached documents. I look forward to talking with you about this opportunity at your October 20, 1998 meeting. If I can answer any questions before the meeting, do not hesitate to contact me at 859-4154. APPENDIX A RESOLUTION Whereas, the City of Kent, Washington, U.S.A. and the Borough of Castlereagh, Northern Ireland, U.K., following careful research, exchange of correspondence and mutual visits, have expressed a mutual interest in forming a sister city relationship, and Whereas, careful review of each community's characteristics, future plans and relationship objectives represent significant alignment, and Whereas, careful review of Kent's criteria for formation of a sister city relationship, as expressed on Resolution 1380, finds that a relationship with Castlereagh would meet the objectives of the Resolution including enhancement of cultural, education, technical, trade and tourism opportunities; concern for quality education, growth management, international ties; and a comparative citizen and government support for such relationship, and Whereas, to formalize this relationship, a group of Kent area citizens have met and formed a Northern Ireland Sister City Committee which proposes to operate under the auspices of the Kent Sister City Association, and Whereas, the Kent Sister City Association Board, having received a presentation on Castlereagh by the Northern Ireland Sister City Committee and having reviewed the potential relationship against the City's sister city selection criteria, has recommended the City accept Castlereagh as a new Kent Sister City, and Whereas, the communities seek equity and mutual benefit through the development of economic, cultural, educational, professional/technical and people-to-people exchange; NOW, THEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, U.S.A., DO HEREBY RESOLVE AS FOLLOWS: Section 1. The Citizens of the City of Kent, Washington, herewith form a sister city relationship with the citizens of the Borough of Castlereagh, Northern Ireland. In so doing, Kent pledges to encourage exchanges with Castlereagh to benefit and facilitate the relationship between the two cities and to create better international understanding and good will between the citizens of the two cities. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 119 . PRESENTATION TO DENT CHAMBER OF COMMERCE & KENT CITY COUNCIL 4 From CASTLEREAGH BOR.(')UGH COUNCIL NORTHERN RE l._AND Those attenovul Councillor John Norm, Mayor c, nc,ilor Grant Dillon Alderman Peter Robinson M.P. :cuncollor Geraldine Rice Alderman Iris Robinson n.(j,.an Donaldson(Chief Executive) Alderman Jack Beanie t;.. i Mr C:oy 'Director of Admin.) Councl motto -Cresr, rjn!,erve' Castlereagh- m In the World.... *Member of the United Kingdom. •Member of the European Union. �- �� •UK/North American links. •Proximity to UK—largest International Market. *Short flight times to the European Capitals and beyond. e Castlereagh- In Northern Ireland.... • Located in the South-East of Belfast. • One of 26 District Councils. • Covering 32.6 square miles. • Population of 64,200 people. • 26,000 Households. • Includes commercial centres of Dundonaid & Carryduff and villages of Moneyreagh & Crossnacreevy. • Close proximity to ports, airports, road & rail links. • One hour travel time from London. i Castlereagh has an excellent transport network with direct links to the main motorway systems and main arterial routes that connect the towns, cities, air and sea ports of Northern Ireland with Europe and beyond. ., - General Infrastructure Ports •Gas—recently completed gas pipeline to link •5 ports located within Northam Ireland. Scotland with Northern Ireland. •150 sailings per week to Great Britain. •Telecommunications—USA Company NFL- •Over 80 shipping lines operating out of N.I. £600 million investment to create the Worid's •Belfast—biggest port in Ireland-only 15 most advanced telecom.system. minutes drive from Castlereagh. •Strong links Education/Industry •Level of trade handled by the Port of Belfast grew by 27%in 1996 alone. Road & Rail Airports •Excellent road network-dual carriageways run •Belfast City Airport(10 mins.from Castlereagh.) throughout Castlereagh providing fast, Privately-owned airport easy transport and travel. 450,000 passengers annually. •Excellent Rail networks—investment of over£50 Planned£7 million renovation programme. million in last two years. •Belfast International Airport •Imminent completion of£89 million road and rail (30 mins.from Castlereagh) improvement scheme will serve to reduce travelling UK's fastest growing regional airport. time between Castlereagh and the main ports Over 2.4 million passengers annually and airports. 40,000 tonnes of freight handled annually. £40 million investment plan (next five years.) 2 - Castlereagh, known within Northern Ireland as the and work. The climate is moderate averaging 7/44 'Premier Borough' is considered one of the most degrees in winter and 18165 degrees in the summer. prestigious areas in Northam Ireland in which to live The average rainfall is 43 inches per annum. Crime: %The,Mq a tw•ewy ve•h to Happm • International Crime Survey confirmed that 0 r„•,, Northern Ireland had the lowest • victimisation rate of eleven countries ■ •.•..� surveyed. (Inc. USA, Canada 8•Switzerland) 0 •Only 17%of N.I.respondents had been the victim in • '•"" any crime in the last year against an international ■ uf. ■ e..r average of 24%. •Ministry of Justice report found residents in N.I.feel 0 ■ r..•• safer going out than in any other European or North �g American country. Shopping Facilities: •UK Supermarket Chains—large investment in Castlereagh. •Sainsburys—employing 800 people. •Marks&Spencers/Dunnes. •Carryduff Centre/Safeways/Super Valu. •Proximity to City Centre Shopping. Housing: •Prize-wining Private Housing Developments. •Urban Area Plan—1,650 new houses. •Over 69%of residents own their own home. r •90.6%of housing in Castlereagh is post-war (compared to 67.6% in N.I.) •5,625 houses owned by the Housing Executive-£3.86 ` million spent on improvements in 1996/1997 alone. •Castlereagh Housing Executive recently won two 'Chartermark'awards for quality provision within the area. Castlereagh is home to four of the most advanced hospitals in Northern Ireland. The Education System is the best In the U.K.and Castlereagh has fifteen Primary Schools and sac Secondary/Grammar Schools. Major plans are currently being finalised for the new Civic Centre due to be completed by October 1999 3 Castlereagh takes special pride in the recreational, swimming and places Castlereagh at the forefront leisure facilities and services that it offers both of leisure provision in Northern Ireland. The residents and visitors to the Borough. The diversity Council's future leisure plans for the Borough of activities catered for includes soccer,ice-skating, will ensure that this position is maintained and ice hockey, rugby, cricket, bowling, golf and strengthened. Tourism Facilities: •Dundonald International Ice Bowl , •Lagan Valley Regional Park •Lagan Valley Towpath •Belvoir Park Forest •Moat Park •Ulster Weavers Centre •Streamvale Open Farm •Major Leisure Attractions Community Facilities: •300 active Community Groups. •Council-run Community Centres. •Council staff dedicated to the promotion of Community Development •Strong Community Economic Development Potential. Sports Facilities: •Highest number of Leisure Centres per head of population of any region in Europe. •Numerous championship golf courses to include the internationally renowned Belvoir Golf Course. •One hour drive from 365 Golf Courses including the Roval County Down and the Royal Portrush. •Dundonald International Leisure Park(Host to AMF t'i - Bowling World Cup). •P-:•nosed Leisure Park Developments. •David Lloyd Tennis&Fitness Centre. •Council staff dedicated to the promotion of Sports Development. 4 Throughout the 1990's, Castlereagh has retained its position in the top three most affluent Boroughs from the twenty-six in Northern Ireland. GDP Gmwth Growth: •N.I.—fastest Economic Growth of any UK region. wr UK USA area IJA►AM *Increase in exports from£1,784 million in 1991/1992 1995 4.1 j 2.6 2.1 1.9 0.5 to£2,795 million in 1995/1996. 1996 2.5 2.5 2.2 1.9 2.4 •N.I.'s engineering sector is the most efficient in the 1997 3.3 3.1 2.4 2.6 2.6 U.K.with output per person twice the level of the next Sources: best region(East Midlands). London Business Smoot. -�W"wows Northam Ireland Economic Research Centro Land: Property Market Report 1997 showed Northern Ireland to have the least expensive cost per acre for industrial land at£35,000 per acre(compared to£150,000 in the Midlands,£500,000 in London and£75,000 in Scotland.) Support Agencies: For those wishing to invest in Northern Ireland there are numerous support agencies offering advice and financial i assistance, as outlined below: I •Industrial Development Board •Local Enterprise Development Unit •Training&Employment Agency •Industrial Research&Technology Unit •Northern Ireland Tourist Board. •Local Enterprise Agencies-Castlereagh •Castlereagh Borough Council Enterprises/Ballyoran Economic Development Office Main Industry: •Public Sector •Inward Investment Companies-concentration on engineering and manufacturing. •Small to Medium Sized Enterprises •Three out of the four top Companies in Northern Ireland have plants/outlets in Castlereagh. 5 Employment: •Fastest Growing Employment of all Council Areas (123%-ten times the N.I. average). •One of the highest female employment rates in the Province. •Unemployment for the local catchment area stands at only 6.8%and is continuously falling. •Only 1036 males and 303 females unemployed within Castlereagh. •Average gross weekly earnings lower than any other region in the UK(yet disposable income higher.) Labour: Northam Ireland enjoys an excellent labour relations record, boasting an average of just 19 days lost per 100,000 employees during the five year period 1992 to 1997. This compares with 29 days lost in Great Britain and 112 in the Rep.of Ireland over the same period. In 1996,the region lost 32 days per 1,000 employees due to labour 1I disputes-compared to Scotland (59 days), England (58 days)and Wales(62 days.) 1 Education: Around 90%of 16 and 17 year olds now participate in full-time or part-time education,compared to an estimated 74% in Great Britain. Around 37%of 18 year olds enter full-time education compared to 30%in Great Britain. 8.6%of the 16+ population of Castlereagh have a degree or higher compared to 6.5%across Northern Ireland. 4.4% have'A'/Advanced level qualifications or the equivalent compared to 7.3% in Northern Ireland. h Universities: •Castlereagh is situated within 20 minutes drive from: •Queens University _ •University of Ulster •Stranmillis Teacher Training College , •St Joseph's Teacher Training College-all of whom ff promote very strong Education to Industry links. i 6 Overview Local Government System Castlereagh Economic Development Partnership The Council consists of 23 members, elected every Projects completed to date: four years by a forth of election known as proportional •Support for Local Business Enterprise Park representation. a Borough-wide Trade Directory •Young Enterprise Schools/Industry The Annual General meeting of the Council is held in .Development Programme June each year when the election of the Mayor takes •Development Worker for Local Credit Union. place,together with other appointments to Committees •Borough-wide Business Needs Analysis and Statutory Bodies. Projects under development: The full Council meets monthly with smaller working •Business Forurn/Chamber of Commerce Development groups, known as Standing Committees, namely •Land Audit&Industrial Development Plan Technical Services Committee, Central Services a Business Start Training Programmes/Training Committee,Planning Committee,Leisure&Community a Programmes for the Unemployed Services Committee and the Leisure Park Board, .Betvoir Park Forest Tourism Development Programme meeting more frequently to consider the in-depth issues •Development Support for Local Community that face the Borough. Enterprise Centre. Each Standing Committees comprises a Chairperson, Vice-person.Aldermen and Councillors and are serviced For Further Information, please contact: by Council Officers. Mr Adrian Donaldson—Chief Executive Castlereagh Borough Council Members of the Public are welcome to attend Council 368 Cregagh Road,Castlereagh meetings and the minutes are available at Council Northam Ireland BT6 9EZ Offices,libraries and copies are also circulated Telephone: 011 44 1232 799021 to the Press. E-mail: chief@castlereagh.gov.uk District Councils, in addition to meeting their own statutory responsibilities,also have a consultative and representative role on Statutory Bodies within Northern Ireland. APPENDIX C RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, establishing a Sister City affiliation policy for the City. WHEREAS, the citizens of Kent have demonstrated a desire to learn more about the people of other cities throughout the world to enhance international communication and understanding; and WHEREAS, the citizens of Kent wish to encourage cultural, recreational, educational, governmental and economic exchanges to increase their knowledge of the diversity in the world; and WHEREAS, it is desirable to provide the citizens of Kent with an opportunity to give service to and derive benefit from a community project of international scope ; and WHEREAS, it is desirable to encourage international trade and tourism between Kent and its sister cities ; and WHEREAS, thoughtful selection of such affiliations is necessary to assure an equally beneficial relationship to both participants ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City of Kent seeks international relationships which will enhance the understanding and cooperation of its citizens and the people of other countries and, to that end, hereby establishes criteria for the selection of sister cities, as follows: A. To achieve this goal, the City will support and encourage the establishment of sister city affiliations which serve the following objectives: 1. To increase our citizens' awareness and understanding of another culture. 2. To encourage educational opportunities and the exchange of technical methodology. 3 . To contribute to the development of trade and tourism. B. To meet these goals and objectives, affiliations will be developed with a limited number of sister cities which share the following characteristics with the City of Kent: 1. Strong schools. 2 . Concern about the impact of growth and change in their areas. 3 . Interest in developing cultural, recreational, educational, governmental or economic ties with Kent. 4 . Organizational structure in place which is prepared to work cooperatively with the Kent Sister City Committee designated by the City Council. 2 C. To ensure continuity in the achievement of this po:icy, the Kent Sister Cities Association (KSCA) is designated as the citizen support group in our sister city relationships. 1. Any additional sister city selections will be made in consultation with KSCA. 2 . Prior to official affiliation with a sister city, KSCA will use its best efforts to develop a comprehensive work plan for the first year' s activities and ensure that specific individuals are designated to maintain contact with the sister city. 3 . The affiliating sister city should have a comparable organizational structure in place, organized and prepared to facilitate this relationship in cooperation with KSCA. 4. KSCA will report to the Council annually on the sister city activities of the previous twelve month period and the status of our sister city relationships. 5. City of Kent funds will be used directly for the Sister City Program in accordance with Washington State law. The City will provide council and staff support and encourage the participation of the business, cultural and educational communities of the City. 6. Official City gifts received in the course of sister city exchanges will be the sole property of the City. The City will make every effort to display them in appropriate settings. 3 Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1994 . Concurred in by the Mayor of the city of Kent, this J� day of 1994 . J WHITE, MAYOR ATTEST: BRENDA JACOB , CITY CLERK APPROVED AS TO FORM: ROC14R A. LU CI I hereby certify that this is a true and correct copy of Resolution No. /3 fC , passed by the City Council of the City of Kent, Washington, the T day of , 1994. a4-, (SEAL) BRENDA JACOBER C TY CLERK sistcity.res 4 APPENDIX D Kent Sister Cities Association 9/29/98, 6-7:30 p.m. Agenda 1. Welcome 6:00 Mayor White 2. Introductions 6:01 3. Committee Updates China 6:15 Norway 6:25 Ukraine 6:35 Japan 6:45 4. Castlereagh, Northern Ireland Proposal 6:55 Vote whether to recommend to relationship to City Council 5. 1999 Student Art Competition and Silent Auction? 7:10 December display of 1998 winners at Kent Library Letters to sister cities: October Letters to Committees on Auction: November Kent Semi-Finalists announced: February Awards Ceremony/Auction: April 8 ' 6. Board Presidency Transition 7:20 7. Staffing Update 7:28 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to the formation of a sister city relationship between the City of Kent, and the Borough of Castlereagh, Northern Ireland. WHEREAS, the City of Kent, Washington, U.S.A. and the Borough of Castlereagh,Northern Ireland, U.K., following research, exchange of correspondence and mutual visits, have expressed a mutual interest in forming a sister city relationship; and WHEREAS, a review of each community's characteristics, future plans and relationship objectives demonstrate a sister city relationship would provide significant benefits and rewards to each community; and WHEREAS, a relationship with the Borough of Castlereagh would meet the objectives and criteria for forming a sister city relationship, as set forth in Resolution 1380, including enhancement of cultural, education, technical, trade and tourism opportunities, as well as concern for quality education, growth management, international ties and comparable citizen and government support for such relationship; and WHEREAS, to formalize this relationship, a group of Kent area citizens have met and formed a Northern Ireland Sister City Committee which proposes to operate under the auspices of the Kent Sister City Association; and WHEREAS, the Kent Sister City Association Board, after receiving a presentation on Castlereagh by the Northern Ireland Sister City Committee and reviewing the potential relationship under the City of Kent's sister city selection criteria, has I Castlereagh Sister City recommended that the City of Kent accept the Borough of Castlereagh as a new Kent Sister City; and WHEREAS, both communities seek mutual benefit through the development of economic, cultural, educational, professional/technical and people-to- people exchange;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The citizens of the City of Kent, Washington by this resolution now form a sister city relationship with the citizens of the Borough of Castlereagh, Northern Ireland. In so doing, and pursuant to the goals established in City of Kent Resolution No. 1380, the City of Kent pledges to encourage exchanges with the Borough of Castlereagh to benefit and facilitate the relationship between the two communities and to create better international understanding and good will among their citizens. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington,this day of 11998. CONCURRED in by the Mayor of the City of Kent this day of 11998. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 2 Castlereagh Suter City APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 1998. BRENDA JACOBER, CITY CLERK P:U.AW\RESOLU \smw aty.ro.doc 3 Castlereagh Sister City Kent City Council Meeting Date November 3 . 1998 Category Consent Calendar 1 . SUBJECT: 1999 BUDGET AND TAX LEVY - SET HEARING DATE 2 . SUMMARY STATEMENT: Set November 17 , 1998 , as the date for a public hearing on the 1999 Budget and Tax Levy. 3 . EXHIBITS • 4 . RECOMMENDED BY• (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: BOATER REGISTRATION FEE ALLOCATION PROJECT - APPROVAL 2 . SUMMARY STATEMENT: Approval to establish a separate project to receive revenues from the distribution of vessel registra- tion fees, and to make appropriate expenditures . The City has received two allocations so far for a total of $34 , 946 . 60 . The major portion of this revenue is for 1996 and 1997 . With the annexation of Lake Meridian, the Kent Police Department is now eligible to receive funds from the distri- bution of vessel registration fees . The State of Washington Parks and Recreation Commission has advised that the funds were to be used solely to support the boating safety program. Program activities include enforcement , education, navigational aids, or program administration. These funds cannot be used to supplant local funding for Boating Safety Program activities . Along with the distribution of funds there will be forms for reporting annual marine law enforcement activities and expenditures . 3 . EXHIBITS : Correspondence and Fee Distribution agreement 4 . RECOMMENDED BY: Staff and Public Safety 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. 6M O r vE PINNIX �Y JireGior STATE OF WASHINCTON WASHINGTOP L S TE PARKS AND RECREATION COMMISSION 7?SO Clearwater Larne • .O. Box 42630 • Olympia, Washington 98SO4'21S 0 • (360) 901-8500 October 8, 1996 RECEIVED CN!cFS n�rr,E TO: QProBeLx Programs OCT 10 1996 FROM Marie Benny and Doug Strong KENT POLICE OE,oAMENT Marine Law Enforcement Coordinators SUBJECT: Vessd Registration Fee Expaiditure Report and Summary ofAciivities Repo u"- oveauber 15,1996. At the annual Fall Law Enforcement Conference we indicated that we would be sending you the above mentioned report forms for you to report your marine law enforcement activity and expenditures for the year. The forms are the same as last years and both have directions for completion on the back. Both are due back to our office bavemFier F5, 1996.1 Please note when completing the Vessel Registration Fee Expenditure Report that the fluids w_ distributed to your program from the State Treasures office,are to be used solely to support your boating safety program. Program aarvities include enforcemei:r, education, navigational aids, or program administration. Funds cannot be-used to supplarniocal funding for Boating Safety Program activities. You will also note that on the Summary of Activities Report we are asking for specific data on the size of your patrol area. We are currently using data from the book Washington Waters, which is the only reference available on approximate sizes of bodies of water in Washington. If you completed this information last year and your patrol area has not changed, simply use the same information. ii you are a new Approved Program reposing lur the lcu-st time, Y=G'ai::,;:ed t0 determine your patrol area If you have questions, or need assistance in completing the reports, please call Mark at(360) 902- 8510 or Doug-9�60) 902-8513. INTERIM VESSEL REGISTRATION FEE DISTRIBUTION AGREEMENT This agreement is hereby entered into by King County (hereafter the County) and the City of Kent (hereafter the City), a municipal corporation, for the distribution of vessel registration fees. Whereas,the City of Kent annexed Lake Meridian and notified King County of their eligibility for participation in the vessel registration fee fund distribution agreement; and Whereas, the parties wish to provide for a one time allocation of an equivalent portion of the vessel registration fees to the City of Kent; Whereas,the parties agree to a one time allocation of revenues based on shoreline feet in order to give the City of Kent due revenues; and Whereas this allocation of revenues will not decrease revenues already dispersed to the cities under the existing agreement;and Whereas the current parties to the agreement will work together to formally revise the agreement to include the City of Kent in the distribution methodology and make other technical changes prior to the disbursement of the 1998 revenues; Now Therefore, the County and City hereby agree as follows: 1) The County and City agree to the allocation of revenues based on shoreline feet for the disbursement of prior revenues to include the City of Kent which will not decrease revenues already dispersed to named cities in the current agreement. 2) The City and County will formally revise the allocation methodology an"' current agreerr,ert together prior to the 1998 distribution of revenues. IN WITNESS WHEREOF, the parties hereto have executed this Agreement: City of Kent King County 2 424ad .OM;Z-Z By: By: G Date Date RFCE F 1; 13 1998 KENT PCUCc ACi•AINISTRATICN Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: TELEPHONE SYSTEM PURCHASE - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign a contract with Williams Communications for the purchase of Telecommunications Systems and Services, subject to City Attorney approval of contract documents . As part of the Technology Plan, the City Council authorized a budget of $1 , 215 , 000 to replace many of the aging phone systems in the City. Together with the Telecommunications Consultant, the TMC Group, a comprehensive Request For Proposal was issued on 7/31/98 . A Phone System Selection Committee with repre- sentatives from each department participated in the education and evaluation process, demonstrations, and site visits to determine the best fit for the City' s requirements . The Committee unanimously recommended the Williams Communications proposal , based on usability, feature sets, and technology. This purchase achieves E911 compliance on all phone systems . It is anticipated that the first phase of this project (including the main PBX) will be done in mid-January, 1999 . 3 . EXHIBITS: Operations Committee memo and Telecommunications System Recommendation Summary prepared by TMC Group 4 . RECOMMENDED BY: Operations Committee (Committee, Staff , Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $1� 05 ' 184 SOURCE OF FUNDS : Technologv lan 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N DATE: October 14, 1998 TO: Council Operations Committee FROM: Marty Mulholland, Director of Information Services RE: Telephone Systems/ Purchase Recommendation Backaround: As part of the Technology Plan, the City Council authorized a budget of 31,215,000 to replace many of the aging phone systems in the City. An additional key objective for this purchase was to achieve E911 compliance on all phone systems. Process: The selection process for new telephone systems was managed by the City's Telecommunications Consultant,Mr.J.R. Simmons of the TMC Group. Together with TMC,the City issued a comprehensive request for proposals on July 31, 1998. Representatives from each City department participated in the education and evaluation processes, in consultation calls with the Gartner Group, and in demonstrations of the top 4 systems. The Phone System Selection Committee then made additional site visits to be certain of our decision and also participated in a side-by-side demonstration of two voice mail systems to determine that the proposed voice mail package was indeed the best fit for the City's requirements. The Committee unanimously recommended the Williams Coninninications proposal,based on usability, feature sets, and technology. We will be replacing three outyling phone systems not originally identified in the Technology Plan, but with the proposed main PBX it became necessary to replace them to achieve E911 compliance. We are well within the identified budget,and replacing these three systems will also move the City to a standard phone system and set which will be favorable in terms of operational impacts,usability, and support costs over time. Budoet Impact and Summary: The total project cost, including a contingency allocation, is projected to be $1,052,184. Attached documents include a budget summary, a list of department representatives on the Phone System Selection Committee, and a more detailed report prepared by the TMC Group. At this point we anticipate doing the first phase of this project(including the main PBX) in the middle of January 1999. Motion: To authorize the Mayor to sign a contract with Williams Communications for the purchase of Telecommunications Systems and Services, subject to City Attorney approval of contract documents. PHONE SYSTEM PROJECT BUDGET: Technology Plan Budget $19215,000 Phone Systems $896,959 Main Phone Switch, Remote Phone Systems, Includes Installation, Training, Sales Tax, Training, Phone sets for employees and conference rooms Phone Closet Repairs $17,000 Contingency Budget (Percentage varies by system) $90,225 TMC Group Consulting $48,000 Grand Total $190529184 Amount Under Budget $1629,816 Phone SyMem Selection Committee Representatives participating throuahout process: Admmist<ation—Cheryl vseth Employee Services—Linda Birdsall Information Services—Marty Mulholland,Joe Lorenz,Bob Olson,Todd McQuage Finance—Ada Marvosh Fire—Linda Mock,Jim Carroll,Paula Thayer Parks—Melanie Manning Planning—Marina Warnstadt Police—Kelli Rogers,Marla Pinelli-Taylor Public Works—Eddy Chu TELECOMMUNICATIONS SYSTEM RECOMMENDATION Prepared for THE CITY OF I= October 14, 1998 Prepared by: TMC Group J. R. Simmons, COO BACKGROUND The City of Kent Information Systems department and TMC developed and issued a Request for Proposal (RFP) on July 31, 1998. The RFP was written in such a way as to define City of Kent's goals in the following areas: it Replacement of existing main PBX telephone system, providing service to City Hall, Police, Centennial, Commons, old Court, and new annex buildings it Replacement of the existing voice mail system to Integrated/networked systems for City Shops and Corrections it Replacement of telephone systems at all Fire Stations It Improve citizen access to City's services " Enhance system and station features for an improved level of service Connect the many city sites into a unified communican;)ns system Provision for future communications growth Improve management information and control of system services Provide accurate address to E911 dispatch even from networked locations PROPOSAL SUMMARY The following vendors submitted proposals to the City of Kent prior to the response deadline of 11:00 AM on August 24, 1998. Vendor System/Product ABA NEC 2400 CNR Fujitsu 9600 Lucent Lucent G3 Siemens HiCom 300 Mod.80EX Tri-Tec Mitel SX2000 TSI NEC 2400 US West NEC 2400 Williams Nortel 81 c All proposals received were responsive to the basic requirements of the RFP as established by TMC and the City of Kent. Evaluations were produced from a thorough analysis of each system and supplier. Each product was first evaluated based upon its technical merit, then each vendor was reviewed on their ability to fully perform as required. All items of noncompliance and any significant differences were listed to determine the overall qualification of each proposal. TMC and the City issued a request for additional information and re-,-cing on_`-.ugust 31, 1998. This was based upon a need for clarifications, the conversion of som-- ations into requirements, and an opport=ry to create more competitive pricing. The additiona. :nformation was provided on September 2. !998. Al 41A, TMC Group Page 2 EVALUATION SUIINIMARY The City created an evaluation committee with representatives from most every City department. With technical assistance from TMC, this committee reviewed the information provided by the vendors. Significant differences were identified and the variety of evaluation factors were discussed. The committee participated in a conference call with a technical analyst from the Gartner Group to obtain insight on the capabilities and direction of the manufacturers. Key issues and concerns were compared between each proposal and the committee selected four of the eight vendors for brief presentations of the telephone sets and system features. Although the committee reviewed the basic pricing from the proposals, the emphasis was on compliance with the specifications, the technical capabilities of the system, and the ability of the vendor to support the City's telecommunication needs. This initial evaluation included the following observations and decisions: 1. Three of the vendors proposed the same product, the NBC 2400. US West's proposal was designed with less capability and at a higher cost. The lowest cost proposal of the three was also the most thorough, complete, and considered to be the strongest support vendor for the product proposed. The committee decided to use ABA Communications for further consideration of the NEC. 2. The Fujitsu PBX proposed by CNR did not provide a key required feature (internal tracking of calls between extensions). Other disadvantages were discussed and the committee agreed to eliminate the Fujitsu from further consideration. 3. The Mitel PBX proposed by Tri-Tec did not provide a key required feature (time-of-day routing for incoming call processing). Other disadvantages were discussed and the committee agreed to eliminate the Mitel from further consideration. 4. The Williams Communications proposal included an excellent technical solution but was missing some information. The committee reserved judgement until the additional information was provided. 5. The Lucent and Siemens proposals were considered potentially good technical and strategic choices but were the two most expensive systems. After comprehensive discussions, the committee elected to view the demonstrations of systems by ABA, Lucent, Siemens, and Williams. The vendors were asked to focus on the telephone sets (the user interface) and the features that would affect the individual departments' operation. The vendor presentations to the committee took place on September 2, 1998. The quality of the presentations varied significantly, but the committee focused on technical capabilities. Lucent could not provide an acceptable method of replacing a key feature now in use in the City (voice announcement of calls). The system also required a design compromise to enable call transfer of shared lines that doubled the set size requirement and was unworkable for large departments with centralized call coverage. Based upon these two critical items, Lucent was eliminated from further consideration. W TMC Group Page 3 The committee met again on September 3, 1998 to compare the specific technical differences between the remaining three finalists and to discuss the reactions to the demonstrations. A summary sheet(attached) was handed out and discussed by all members, with a detailed review on the impact of each issue. Williams Communications (with the Nortel system)was identified as the preferred vendor,however,the committee wanted to further review the voice mail system. Additional demonstrations were held over the next two weeks and the committee eventually decided the Nortel voice mail was a good fit for the City. The only remaining concern was the rapid change in telecommunications technology and the chance the Nortel product line might be replaced with a new version sometime in the near future. Although the manufacturer denied this would happen, the City's consultants suggested asking for some type of"insurance" for protection. Williams and Nortel met with the City on September 22 and presented information on the technical direction of the product. At this meeting, Williams also offered the City a financial protection package based upon a credit calculated from the original price of the system. If Nortel makes an architectural change or brings out a new product, the City can use a credit for trade-in of the existing system as follows: Year PBX Change Voice Mail Change Telephone Set Change 1 70% 70% 70% 2 60% 60% 50% 3 50% 50% 30% 4 40% 40% - 5 30% 30% - Williams stated this is the first time they have ever been asked for or provided such assurances. According to the vendor and the manufacturer, the financial protection is unlikely to be used; but the City can take comfort in knowing the issue is covered. COST SUMMARY All of the original proposals came in under the budget established for this purchase. This allowed the committee to focus on technical merit and support issues. The repricing exercise allowed all vendors to improve both the accuracy and the competitiveness of their proposals. Maintenance is quoted as an annual amount and applies after a one-year warranty. The growth example below is for 16 new sets and the support electronics in the PBX. The financial details for the three finalists are as follows: Capital Cost Growth (example) Maintenance ABA $945,882 $8,260 $38,265 /yr Siemens $1,083,110 $11,560 $98,189 /yr Williams $896,959 $9,429 $43,851 /yr TMC Group Page 4 RECOMMENDATION SUM_M_ARY TMC supports the committee's recommendation of the Williams Communications proposal based upon the Nortel PBX and Voice Mail system. The total solution offers the advanced functionality required by the City and allows budget flexibility to further improve the overall implementation plan. The selection will provide all locations with a variety of features that will enhance the employees' use of telecommunications systems and improve customer service. As evidence of its capabilities,Nortel PBX systems are installed at a number of Cities, including Seattle, Bellevue,Auburn, and Renton. More than one local vendor supports the Nortel product, which allows the City to competitively bid future upgrades and maintenance contracts. Nortel is the top market share leader and was ranked as one of the top two manufacturers by the Gartner group. As a market leader, most third party suppliers of telecommunications enhancements develop their products to work with Nortel as part of the initial design. TMC Group Page 5 CITY OF KENT Telecommunications System Proposal Comparisons Vendor. ABA Siemens Williams City Hall PBX: NEC 2400 Hicom 300/80 Nortel 81C Fire PBX: NEC 2400 Hicom 300/80 Nortel 61C Smaller Sites: NEC 2400 Hicom 300/30 Remote Unit Remote Fire: NEC 2000 Hicom 150 Remote Unit Voice Mail -AVT (3 party) PhoneMail Meridian Mail ACD OAI, Release 2 CCMS Symposium VMail/E-Mail client Exchange Future (drop old) Exchange Number of Techs 5 18 16 LAN access to MAT Yes (3 Party) Future Yes Auto set relocation Yes No Yes VMail integrate w/ACD No No Yes call processing options) Timing on N/A FWD Yes (new) No - system fixed Yes FWD Control Secondary Original Secondary Voice Announce Yes - w/MIC on Yes, I-Com Yes, I-Com Group Voice Announce No Yes Yes Override or Priority Call No No Yes, w/ I-Com Multiple Party Conf. System- 8 Station - 8 Station- 6 Busy Lamp / Dial/ Line Appearance Line Appearance Both: Busy Station Line Appearance Only Onlv or Line Second Caller ID Must Answer 2"° Must Hold I" Yes Voice Mail ID on"0" No No Yes "Undelete"VM msg. No Yes Yes Release/Recall from Voice Must"hang-up" One-button/ One-button/ Mail box Voice Mail automatic automatic Faceplate design limits No s"es - 32 per PBX No ...............� 4 4 Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: RIVERBEND GOLF COMPLEX TRANSFER AND SHORT TERM LOAN - APPROVAL 2 . SUMMARY STATEMENT: As recommended by the Parks Committee on October 20 , 1998 , approval to transfer $140 , 000 from the CIP to the golf operating budget to cover the green space bond issue for 1998 ; and to provide a short line of credit of $250, 000 for the golf operating budget to cover the year end deficit of approximately $100 , 000 and provide operating costs for January through May 1999 . 3 . EXHIBITS: Fact sheet outlining issues and resolutions 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $390 , 000 . 00 SOURCE OF FUNDS : $140 000 CIP ; $250 , 000 golf operating budget 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 RIVERBEND GOLF COMPLEX REVENUE SHORTFALL REPORT October 20, 1998 Background: Staff has been reporting to the Parks Committee that there will be a revenue shortfall at the Riverbend Golf Complex for 1998. Since the initial Parks Committee meeting in August, staff has worked with the golf operations manager from S.S.M.D. to find solutions to the shortfall. At the September Parks Committee meeting S.S.M.D proposed fee increases and capital renovations to resolve the issue. In early October staff reviewed the options with the Golf Advisory Board to determine their response to the proposed fee increases. The Golf Advisory Board voted to approve the proposed $2.00 per round fee increase at the 18-hole course and a $1 .50 and $.75 fee increase at the Driving Range for large and small buckets of balls respectively. Current Situation: The proposed fee increase will not resolve the revenue shortfall for 1998. It is anticipated by S.S.M.D. that the fee increases will provide the necessary funds so that a shortfall will not occur in 1999. The golf complex generates the majority of its revenue in the months April through October. As a result of the 1998 shortfall, the golf complex will end the year with a deficit. 1998 Revenue Shortfall Resolution: ■ Transfer up to $140,000 from the Capital Improvement Program (CIP) to the golf operating budget to cover the green space bond issue. ■ Provide a short-term line of credit of $250,000 to the golf complex operating budget to cover the approximate $100,000 year deficit and provide funds for operating costs for January through May 1999. 1999 Resolution: ■ Increase green fees at the 18-hole course by $2.00 per round. ■ Increase Driving Range fees to $6.00 for a large bucket and $3.00 for a small bucket of balls. Kent City Council Meeting Date November 3 , 1998 Category Consent Calendar 1 . SUBJECT: RIVERBEND GOLF COMPLEX, 1999 FEE INCREASE - APPROVAL 2 . SUMMARY STATEMENT: As recommended by the Parks Committee on October 20 , 1998 , approval to increase green fees at the 18 hole golf course by $2 . 00 per round beginning April 1 , 1999 and to increase driving range fees to $6 . 00 for a large bucket of 100 balls and $3 . 00 for a small bucket of 50 balls beginning December 1 , 1998 . 3 . EXHIBITS : Fact sheet outlining issues and resolutions 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 6P RIVERBEND GOLF COMPLEX REVENUE SHORTFALL REPORT October 20, 1998 Background: Staff has been reporting to the Parks Committee that there will be a revenue shortfall at the Riverbend Golf Complex for 1998. Since the initial Parks Committee meeting in August, staff has worked with the golf operations manager from S.S.M.D. to find solutions to the shortfall. At the September Parks Committee meeting S.S.M.D proposed fee increases and capital renovations to resolve the issue. In early October staff reviewed the options with the Golf Advisory Board to determine their response to the proposed fee increases. The Golf Advisory Board voted to approve the proposed $2.00 per round fee increase at the 18-hole course and a $1.50 and $.75 fee increase at the Driving Range for large and small buckets of balls respectively. Current Situation: The proposed fee increase will not resolve the revenue shortfall for 1998. It is anticipated by S.S.M.D. that the fee increases will provide the necessary funds so that a shortfall will not occur in 1999. The golf M. complex generates the majority of its revenue in the months April through October. As a result of the 1998 shortfall, the golf complex will end the year with a deficit. 1998 Revenue Shortfall Resolution: ■ Transfer up to $140,000 from the Capital Improvement Program (CIP) to the golf operating budget to cover the green space bond issue. ■ Provide a short-term line of credit of$250,000 to the golf complex operating budget to cover the approximate $100,000 year deficit and provide funds for operating costs for January through May 1999. 1999 Resolution: ■ Increase green fees at the 18-hole course by $2.00 per round. ■ Increase Driving Range fees to $6.00 for a large bucket and $3.00 for a small bucket of balls. Kent City Council Meeting Date November 3 , 1998 Category Other Business 1 . SUBJECT: BRIARMOUNT FINAL PLAT FSU-96-11 2 . SUMMARY STATEMENT: This date has been set to consider the final plat application submitted by Barghausen Consulting Engineers, Inc . , for the Briarmount Final Plat . The City Council approved the preliminary plat with conditions on June 4 , 1996 . 3 . EXHIBITS: Memo and map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember _seconds to approve the staff ' s recommendation of approval with condi- tions of the Briarmount Final Plat and authorize the Mayor to sign the final plat mylar. DISCUSSION: y ACTION: Council Agenda Item No. 7A ri CITY Of LM22PT Jim White, Mayor Planning Department (153) 859-3390/FAX(253) 850-2544 James P. Harris, Planning Director MEMORANDUM November 3, 1998 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR RE: BRIARMOUNT FINAL PLAT #FSU-96-11 OnJune 4, 1996, Kent City Council approved the Hearing Examiner's recommended approval of Briarmount Preliminary Plat (#SU-96-11), a 4.23 acre, 16-lot residential plat. The property is located between South 200`h and South 202"d, west of 96`h Avenue S. in Kent, Washington. Staff recommends the City Council approve the Briarmount Final Plat#FSU-96-11 with the attached conditions and direct the Mayor to sign the mylar. JPH\ch\fsu961 I m Enclosure cc: Fred N. Satterstrom, Planning Manager _10 Jih nVESCE SOUTH / KENT.WASHINGTON 98032-5895/TELEPHONE i2531 859-3300 BRIARMOUNT LONG SUBDIVISION #FSU-96-11 THE KENT HEARING EXAMINER RECOMMENDED APPROVAL WITH CONDITIONS THE PRELIMINARY PLAT BRIARMOUNT#SU-96-11 ON MAY 1, 1996. KENT CITY COUNCIL APPROVED THE BRIARMOUNT PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS ON JUKE 4, 1996. A. PRIOR TO RECORDATION OF THE FINAL PLAT 1. The subdivider shall comply with all applicable conditions of the Mitigated Determination of Significance for the Briarmount Subdivision(ENV-95-60) 2. The subdivider shall dedicate sufficient right-of-way, across the entire property frontage on South 200th Street, for the widening of South 200th Street to City Standards for a Residential Collector Arterial, augmented with bicycle lanes street, for a total half-street right-of-way width of 33 feet. this deed of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, South 200th Street, and shall clearly delineate the existing public right-of-way, edge of pavement, and public improvements on South 200th Street, and the additional right-of-way needed to widen South 200th Street as noted. 3. The subdivider shall dedicate sufficient right-of-way, across the entire property frontage, for the construction of South 202nd Street, and adjacent affected properties, and shall clearly delineate the existing public right-of-way, property lines, curb lines, paving limits, and other public and private improvements. The survey shall show the additional right-of-way needed to widen South 202nd Street, as noted. This dedication of right-of-way shall also include all right-of-way required to construct a 32-foot wide (curb to curb section, 49-foot right-of-way) at the northeasterly corner of the intersection of South 202nd Street at 96th Avenue South, plus sufficient right-of-way to construct a 35 foot radius curb return at that location. The property line for this curb return radius shall be tangent to the westerly line of the access easement on the easterly subdivision boundary. 4. The subdivider shall dedicate sufficient right-of-way to construct the plat streets to City Standards for a Residential street, minimum right-of-way 49 feet, including a minimum 50.5 foot radius (at right-of-way line-45 feet curb line) in a cul-de-sac turnaround at the termini of the plat streets, and 35-foot radius curb returns at the intersection of the plat streets at South 202nd Street and at South 200th Street. Conditions Briarmount #SU-96-11 5. The subdivider shall grant a minimum 10-foot wide pedestrian access tract that does not pass through the stormwater detention tract, nor will be used for vehicular access to said stormwater facility. This pedestrian access tract shall extend from the southerly plat street to the northerly plat street. 6. Ingress and egress for all lots within the Briarmount Subdivision shall be restricted to the new plat streets only. Any pre-existing easements rights onto the properties directly east of this plat shall be waived. These restrictions shall be clearly stated bn the face of the final plat mylar. 7. The subdivider shall provide engineering drawings for review and approval by the City and any public utility districts providing service to the property, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots (service provided by Soos Creek Water and Sewer District). b. A water system meeting domestic and fire flow requirements for all lots (service provided by Soos Creek Water and Sewer District). C. A storm drainage system meeting the Kent Standards for conveyance, detention, water quality treatment, etc. The minimum detention standard to be met for this project shall be that for Hillside development. d. A 35-foot wide paved roadway, as measured from the new southerly curb line of South 200th Street (a 23-foot wide half street improvement on the southerly side of the right-of-way centerline (one half of a residential collector street plus a bicycle lane), and a 12-foot wide westbound travel lane on the northerly side of the right-of-way centerline); concrete curbs and gutters; five (5) foot wide concrete sidewalk along the southerly side of South 200th Street; street lighting; storm drainage; street channelization; utilities and appurtenances, and 35-foot radius curb returns at the intersection of South 200th Street at the plat street. In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on South 200th Street. These improvements shall include an overlay of the existing roadway pavement, as necessary, to provide a 2 percent crown across the pavement; 2 Conditions Briarmount #SU-96-11 and, as necessary to meet City Standards for roadway pavement section for a Residential Collector Arterial roadway. e. A 28-foot wide paved roadway, as measured from the southerly curb line of South 202nd Street -- matching the improvements to the west of this subdivision; concrete curbs and gutters; five (5) foot wide concrete sidewalk along the northerly side of South 202nd Street; street lighting; storm drainage; street channelization; utilities and appurtenances, and 35- foot radius curb returns at the intersection of South 202nd Street at the plat street. These improvements shall include the construction of the curb return for the future public street at the southeasterly corner of proposed Lot 10. In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on South 202nd Street. These improvements shall include an overlay of the existing roadway pavement, as necessary, to provide a 2 percent crown across the pavement; and, as necessary to meet City Standards for roadway pavement section for a Residential Collector roadway. f. A 32-foot wide paved roadway; concrete curbs, gutters on both sides of the street; five (5) foot wide concrete sidewalks along both sides of both plat streets; street lighting; storm drainage; street channelization; utilities and appurtenances, and a cul-de-sac turnaround (or as approved by the Fire Marshal) per City Standards for a Residential Street. This shall , ,lude 35-foot radius curb returns at the intersections of the plat streets :z:d both South 202nd Street and at South 200th Street. g. A 10 foot wide hard-surfaced, fenced, pedestrian and bicycle access route, with acceptable nighttime illumination, from the northerly plat street to the southerly plat street, along the access tract required of condition#4, above. 8. The subdivider shall dedicate all necessary public right-of-way for the improvements listed in Condition B.6 above, and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements identified in Section B, above. 9. ..1 buildings shown on the proposed plat shall be demolished as agreed upon by the subdivider. 3 Conditions Briarmount #SU-96-11 10. The subdivider shall dedicate 5 percent of the total property as open space or pay a voluntary fee-in-lieu of dedication as set forth in Ordinance No. 2975. 11. The stormwater drainage plan shall be as depicted in Exhibit 4, Attachment B, "Conceptual Drainage Plan" with any revisions as approved by the City Public Works Department. B. PRIOR TO ISSUANCE STREET AND UTILITY PERMITS OR A GRADING PERMIT: 1. The subdivider shall submit to the Planning Department and the Public Works Department, a tree retention plan, which indicates the precise location of all trees with a six inch caliper or greater on the site in relation to proposed streets, storm drainage facilities and utilities. Trees to be retained shall be marked in the field and protected according to the provisions of Zoning Code Section 15.08.240. C. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE BRIARMOUNT SUBDIVISION (SU-96-11): 1. The subdivider shall construct the improvements required in Sections A and B, above. 2. The subdivider shall submit an updated version of the tree retention plan outlined in C.1., above, showing significant trees in relation to proposed buildings, driveways, and other site improvements. 4 ul I Y OF KENT, KING COUNTY, WAS7HINGTONL N89'55'20•E 2615,43: (THEO) (USED) N89'55'20'E 2615.49 (MEAS.) S. 200TH ST. N69'S5'20'E 1130.19' N89'55'21'E 799.60' - - - - - N89'55'20"E 186.36' NB9'55'17'E 331.19' '! i 26.00'' i 160.36' 0 1`319.34' " iECRON 6 o N89154'46'E N., RCE. 5 E., W.N. -- n o j N8110. 20'E I I a 4 FOR DESCRIPTION I _ 52 .�`;�`'( w :19' SSE 9 = PLOU 26' 25 :I $ 0.0' (3_: FOUND 3/4-IRON PIPE a ,� I N89'45'03'W 1 J I 0.1' NORTH % 0.0' EAST Oo �= 1 I 135.41' -) ` (326097)TY CORNER n - I _ z I g g ENCROACHMENL AGREEMENT b N $I J O - -_ 65 5' 1 EXISTING i I N89'45'03'W 1. I N89 20"E 1 BUILDINGI.00 \ I 135.45' - ` SEE DETAIL 'B' 1 FOUND .. J STING SHEET 3 OF 4 w I 1 $I g 509.7' �17 I 'r,o OVERHANG el 7 6 (OUTHE RVED T I ^o 5'x5' WLE I 3-26- C� I O ^ N89'45'OJ'1W t i NOT 7ADIAL. C J C'J I p SEE DETAIL 'A' 135.49' -f � I CD I N89-55'2 'E Z SHEET 3 OF a �( 5'x5' WEE I 85.0 ,1 c LENGTHDa. U) U) CJ ! •.I 9' SSE (TYP,) Nl�YS'03'W ! I 5' PSDE V 3' WEE J 26.00' g I 5 75 T 7 00 20.D0' F - Lj Lj MOE=249.0 ��9 i� Tf0.70• 1 Q U 15 SO E -455 6 g�-' S89'45'O3" 1 �- 3' WEE G O :N DELTA V N I 1 56.6I' - /10' WE E (T)'P) 38' 89*40'23' p 16' 1519'46' 7 9' 4'08'4 �60 k�qJ 1' JT00'4J' 3 2 _ 4, 20' 9' 11'37'30' + o MOE=250.0 o J --(----- 4' 33'28'S4' r a EXISTING IS' ME 5' 10T15'21' o REC. 970508095J 5' 70'47'43' U� -ka FOUNT 3' 89'45'44' coo _a= _- S89-58'32'W 1 ) S89'583�21V S 299.9 _ 589'S8'J2'W 95.55' 98.00' I SOM )' 12.5 ,55. a �i b 1 74.18' -1 j I' 4'S9'S5' I I7.55' -"� '- 76.00' - I (3-2E t N 1' f 1'27'OB' ~�3 i $ ----- SEE DETAIL 'C' 1' 30'59'46' 5.°I SHEET 3 OF 4 + 3422'06' 11'18'28 14 1" 13 3J'27'49" '4- N89'S8' 2'E J` MOE-252.0 '0 I 1 TO6'17' p n i 85 sO'9' �'� '�Q G 33'5522' IT 3'J' WEE 24'59'56' J Z dig. f-p - (TYP.) ..6lal 126'18'24' $ to T 1 2` Sg� IL. $ r /2' RE WITH CAP m m N l5 10381' 147.9'9' NORTH % 0 7' SSE 3-2 .0' � S 11 AST p�OF PROPERTY CORNER W MOE=25I.0 ?r x�( ) J-26-97) 5{ n � N89'5B'32'E �OUND 1 I 108.70' 1 SB9'58'321W 1. 2' RE1 WITH CAP 107.99' 7'7 l5 t0381' 0.2' SOUTH % p.0- a AST OF LOT CORNER 16 �� .3" Y 1 O v� 3-26-97) a MOE=250.0 1 _� $ SEE AI /131. /- /C1' b o i SHEET 3OF4• / I S89'58'32'W 117.75' z 71.61' 1CD S O SOW58'32'W 14' M 179. h •• _. 1 I L T CD N89'57'38'E 504.08- (MEAAS9)56'32"W 336.77' .I TED FOUND 2' BRASS DISC WITH N8g� 504_17' (REC.) S. 2 0 2 N D S T. W � 'x' IN CONCRETE MONUMENT. ___��_> 8 FOUND 2' BR INCASED. 0.2' BELOW SURFACE Q= WITH PUNCH I 0.t' SOUTH OF SUBDMSION LINE CONCRETE MO (3-26-97) =F, v1 INCASED (3-2 F (o o � . NI Kent City Council Meeting Date November 3 , 1998 Category Other Business 1 . SUBJECT: MALLORY MEADOWS (FORMERLY MERIDIAN WEST) FINAL PLAT FSU-96-2 2 . SUMMARY STATEMENT: This date has been set to consider the final plat application submitted by Hearthside Homes, Inc . , for the Mallory Meadows Final Plat #FSU-96-2 . The City Council approved the preliminary plat with conditions on February 3 , 1998 . 3 . EXHIBITS: Memo and map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTIION: /nJ _ J Counc i lmember— 6'2-0 moves, Councilmember OL seconds to approve the staff ' s recommendation of approval with condi- tions of the Mallory Meadows Crest Final Plat and authorize the Mayor to sign the final plat mylar. DISCUSSION: ACTION: Council Agenda Item No. 73 CITY OF ��B J,S ,,,.. WJim White, Mayor Plann ng a tment (253) 859-3390/FAX(Z53) 850-2544 James P. Harris, Planning Director MEMORANDUM November 3, 1998 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR RE: MALLORY MEADOWS (aka Meridian West) FINAL PLAT #FSU-96-2 On June 3, 1997, and February 3, 1998, Kent City Council approved the Hearing Examiner's recommended approval with conditions of Mallory Meadows (aka Meridian West) Preliminary Plat (#SU-96-2), a 4.78 acre, 25-lot residential plat. The property is located at 26405 132nd Avenue SE in Kent, Washington. Staff recommends the City Council approve the Mallory Meadows (aka Meridian West) Final Plat#FSU-96-2 with the attached conditions and direct the Mayor to sign the mylar. JPH\ch\fsu962m Enclosure cc: Fred N. Satterstrom, Planning Manager '204th AVENUE SOUTH I KENT.WASHINGTON 98032-589i/TELEPHONE (253)859-3300 MERIDIAN WEST #FSU-96-2 THE HEARING EXAMINER RECOMMENDED APPROVAL OF THE MERIDIAN WEST PRELIMINARY PLAT#SU-96-2 ON APRIL 2, 1997. CONDITION NO. B.6.c.i. WAS CHANGED ON JANUARY 2, 1998. CITY COUNCIL APPROVED THE BELOW CONDITIONS ON JUNE 3, 1997 AND APPROVED THE CHANGED CONDITION B.6.c.i. on FEBRUARY 3, 1998. A. GENERAL CONDITIONS OF APPROVAL: 1. The subdivider shall implement all mitigation measures required by the Determination of Nonsignificance for SEPA checklist #ENV-96-62 for the MERIDIAN WEST Subdivision. B. PRIOR TO RECORDATION OF THE SUBDIVISION: 1. The owner/subdivider shall provide a survey to be performed by a licensed land surveyor of the subject property, 132nd Avenue Southeast, Southeast 264th Street, Southeast 263rd Street, and adjacent affected properties, and shall clearly delineate the existing public right-of-way, right-of-way centerlines, property lines, paving limits, and other public and private improvements. 2. The owner/subdivider shall execute an agreement to financially participate in and pay a proportionate share in the cost of providing an off-site paved walkway between the plat boundary and the elementary school serving the plat area. Monies therefrom shall be deposited with the City prior to final plat approval of this subdivision. 3. A Wetland Delineation Report for this site has been received, and approved. A Wetland Mitigation Plan shall be submitted to Kent Public Works for review and approval prior to recording final plat. 4. The wetland boundaries shown in the approved Wetland Mitigation Report must be surveyed and marked with permanent survey monuments. The survey shall be shown on the face of the final plat. A licensed professional surveyor shall provide the survey which shows the wetland boundary, the approved wetland buffers, the areas of each, and the legal description for the Sensitive Area Tract for the Wetland. Copies of these maps will be included in the approved Wetland Mitigation Report. Conditions of Approval Meridian West - #FSU-96-2 5. The entire approved, preserved and constructed wetland(s) and it's buffer(s), and the 25 foot undisturbed creek buffer shall be permanently protected as a separate Sensitive Area Tract dedicated to the City of Kent in accordance with the Kent Wetland Management Code. The legal description for the Sensitive Area Tract for the creek buffer shall be prepared by a licensed land surveyor. The buffer areas shall be isolated from intrusion and/or disturbance using landscaping, signs and/or other appropriate screens, as well as an approved wildlife-passable fence. The following wording shall appear on the face of the final plat: SENSITIVE AREA TRACTS DEDICATION OF A SENSITIVE AREA TRACT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. 2 Conditions of Approval Meridian West #FSU-96-2 6. The owner/subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots, which shall be provided by the City of Kent. The sewer system shall be extended from off-site, and shall be sized to serve all off-site properties within the same service area. It appears that the sanitary sewer service within the Stillwater Greens plat, to the north, is too shallow to serve the subject property without extensive grading and filling. If this is the case, then sewers will have to be extended from the system located upon the west side of 132nd Avenue Southeast, approximately 1000 feet to the south of the subject property, or from the system located along 128th Avenue Southeast -- requiring easements through abutting properties to the south and west. This route could be severely constrained by wetlands and a stream corridor. The owner/ subdivider's Engineer shall prepare a design engineering report for review and approval by the City to determine the appropriate design alternative to serve the subject property and the surrounding area. The existing residence on the property shall be connected to the public sewer system prior to the issuance of any permits upon the plat. The existing septic system shall be 'as-built, and shown upon the approved engineering plans as "to be abandoned". The system shall be abandoned in accordance with King County Health Department rules and regulations. b. A water system meeting domestic and fire flow requirements for all lots. Water service to the subject property will be provided by Water District Number 111. Contact the district for details on necessary improvements. C. A storm drainage system meeting the applicable standards for conveyance, detention, and water quality treatment. The minimum detention volume and release standards to be met for this project shall be that for the Soos Creek Drainage Basin, or the City of Kent Hill standards, whichever is more restrictive. The detention/retention facility shall be an open pond with no side slope being steeper than 2 Horizontal :1 Vertical. The number of lots and/or lot configuration may be required in order to provide the retention/detention facility in a way that does not impact the adjacent wetland and wetland buffer. i Unless the owner/subdivider submits a drainage plan significantly different than what was submitted with the application for this subdivision, the owner/subdivider may be required to make 3 Conditions of Approval Meridian West #FSU-96-2 extensive off-site improvements. In addition, the owner/ subdivider will also have to obtain public stormwater easements for the entire conveyance system outside of existing City right-of-way or drainage easements. The underlined portion was changed on January 2, 1998 to read: The Covenant as described in Exhibit 4A shall be allowed to meet the condition described in Condition B6ci of the decision on this plat as approved by Council. Exhibit 4A is attached. ii. The final Drainage Plan will clearly identify the existing and future capacity of each link in the drainage system for the required downstream analysis. The downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the points of discharge from the subdivision site downstream a distance of at least one-quarter mile, or to the point where stormwater discharges through the maintained City of Kent Meridian Meadows Detention Pond facility, whichever is further. The owner/subdivider shall identify all reaches which do not have the capacity for the peak flow from the 100-year, 24-hour design storm. In addition, should existing downstream capacity be insufficient to convey the 25-year, 24- hour peak flow rate, the owner/subdivider shall either provide necessary off-site improvements (and wider easements where necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the owner/subdivider will have to further restrict the release of stormwater from this development. The downstream analysis shall clearly identify any problems/impacts upon the existing detention facilities at Springbrook detention/wetland facilities and may require level-pool routing to identify those impacts. iii. Final Stormwater Drainage Plans for the plat will clearly show the proposed conveyance route from the subdivision to the City of Kent maintained Stormwater drainage system, and the appropriate public easements that will be provided to use this route. Legal descriptions for all easements shall be prepared by a licensed land surveyor. 4 Conditions of Approval Meridian West #FSU-96-2 iv. A 25 foot wide undisturbed creek buffer is required from the line of ordinary high water for the unnamed tributary which discharges from the largest on-site wetland. Stormwater management facilities shall not be permitted within this buffer. V. Roof downspouts for each house and garage shall be directed to infiltration trenches meeting the requirements of the Stormwater Management Manual for the Puget Sound Basin. The following requirement shall be stated on the face of the final plat: RESIDENCES CONSTRUCTED ON LOTS CREATED BY THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS AS A CONDITION OF BUILDING PERMIT ISSUANCE. vi. The stormwater plan shall make provisions to ensure continued wetland hydrology. vii. The owner/subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility to the Kent Planning Department and the Department of Public Works for concurrent review and approval prior to approval of the Detailed Drainage Plans. viii. Surface water runoff along the edges of the plat shall be intercepted and conveyed into the public storm drainage system to avoid adverse off-site impacts. ix. The final Stormwater Drainage Plan must include measures to protect the Webb well from contamination by stormwater overflow and measures to ensure that the Mandich poind does not overflow more than presently is the case. The release rate from the property must be lower than presently exists. d. The owner/subdivider shall construct an open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment; biofiltration swales; wet ponds; extended detention ponds; and constructed wetlands. Alternatives 5 Conditions of Approval Meridian West -~ #FSU-96-2 and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. i. The stormwater treatment system shall be within the approved retention/detention facility tract. Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. ii. Stormwater treatment facilities shall not encroach within any approved 25 foot wetland buffers, nor shall they encroach within the 25 foot undisturbed creek buffer along the south margin of the proposed detention tract. e. The owner/subdivider shall grade for streets, utilities and for house pads for all lots. Grading and Temporary Erosion/Sedimentation Control Plans shall meet the requirements of the City of Kent Construction Standards. 132nd Avenue Southeast is currently operating at level-of-service "F" with segment traffic volumes near the intersection of Southeast 256th Street where the roadway is only two lanes, exceeding 15,000 vehicles per day. ~~ South of the subdivision, near the intersection of SR 516, the daily traffic volumes along the three-lane section of roadway exceed 20,000 vehicles per day. f. The owner/subdivider shall construct a half-street widening/ improvement of 132nd Avenue Southeast across the entire frontage. This widened street shall include an additional 14-foot wide strip, dedicated to the City of Kent, across the entire property frontage, for the widening and improvement of the west half of 132nd Avenue Southeast to City Standards for a Minor Arterial roadway, augmented with bicycle lanes. i. The paved half-street ( one half of a Minor Arterial roadway plus a bicycle lane ) roadway width shall be a minimum of 29-feet as measured from the right-of-way centerline to the face of curb or future roadway centerline as determined by the City, based on survey required in prior conditions, and shall include transitions to match the current pavement widths adjacent to the subdivision as well as street lighting; a 10-foot wide concrete sidewalk/bikeway along the westerly side of 132nd Avenue Southeast; drainage facilities; street channelization; utilities and appurtenances. 6 Conditions of Approval Meridian West #FSU-96-2 ii. In order to provide adequate safe access into the plat street, mitigate the increased number of northbound left-turns created by the subdivision of property, and the conflicts that these trips will create with the existing traffic volumes and high travel speeds on 132nd Avenue Southeast, these improvements shall also include sufficient pavement to provide a 12-foot wide northbound left- turn lane into the subdivision as well as a 12-foot wide northbound through lane on the easterly side of the roadway centerline across the entire frontage of the subdivision; and necessary pavement transitions to the existing portion of 132nd Avenue Southeast to the north and south of the project. The minimum storage and deceleration length for this turn lane shall be 102 feet, not inclusive of a bay taper nor a pavement transition designed to a 35 MPH design speed. iii. In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on 132nd Avenue Southeast. iv. The construction of this lane shall include the relocation/reconstruction of the adjoining drainage systems, above- ground utilities, and street lighting systems along the southerly shoulder of 132nd Avenue Southeast, as well as the installation of appropriate street channelization. These improvements shall also include the relocation of any/ all drainage catch basins, utilities, and appurtenances. The edge of the existing pavement shall be saw-cut at least one ( i ) foot ( more, at the sole discretion of the Director of Public Works, based upon the condition of the existing roadway pavement ) inside the face of the gutter. After the sawcut, and removal of the pavement, a minimum four ( 4 )-foot wide section of the remaining pavement, adjoining the cut shall be ground-down at least 1.5 inches. At the discretion of the Director of Public Works, and depending upon the condition of the existing roadway paving ( e.g. wheel-track rutting, substandard crown,pavement/sub-base distress as demonstrated by alligatoring or longitudinal cracking ) the developer may be required to remove and replace/overlay additional sections of the paving to provide a improved roadway fronting the project. 7 Conditions of Approval Meridian West #FSU-96-2 After placement of the new structural section, the joint between the new pavement and saw-cut line shall be sealed. Finally, these owner/subdivider shall be responsible for a minimum 1.5 inch deep ( after the pre-level course ) asphaltic concrete overlay of the entire length of the roadway pavement through the widened area, as necessary, to provide a 2% crown across the pavement; and, as necessary to meet City Standards for roadway pavement section for a Minor Arterial roadway. Finally, the improvements shall include a relocation of the any existing street lighting. g. Construct the plat street ( 130th Avenue SENSE 264th Street ) to City Standards for a Residential Street. i. The paved roadway width shall be a minimum of 32-feet as measured from face of curb to face of curb, based on survey required in prior conditions, and shall include an off-site transition to match the current pavement widths along 130th Avenue Southeast to the north of the subdivision as well as street lighting; five [ 5 ]-foot wide concrete sidewalks along the both sides of the plat street; drainage facilities; street channelization; utilities and appurtenances. ii. In conjunction with these improvements, and to not require pedestrians to cross 130th Avenue Southeast at a mid-block location, the owner subdivider shall extend the five-foot wide sidewalk along 130th Avenue Southeast, northerly to the intersection of Southeast 263rd Place. iii. The radius of the reverse horizontal curve located near the mid- point of the subdivision does not meet the City Standards for a Residential Street. In order to maintain acceptable sight distance standards through this area, the owner/subdivider shall install "No Parking Any Time" signs across the entire frontage of Lot 18, and across the westerly and southwesterly frontage of Lot 7. iv. The curb returns at the intersection of the Southeast 264th Street and 132nd Avenue Southeast shall be designed and built per the City's "South 212th Street" -style design. 8 Conditions of Approval Meridian West #FSU-96-2 7. The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section A & B and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements identified in Section A& B, above. a. Unless otherwise provided for in a previous deed, the owner subdivider shall quit-claim deed and/or dedicate sufficient right-of-way, across the entire property frontage, for the construction of 132nd Avenue Southeast to City Standards for a Minor Arterial Street, augmented with bicycle lanes street, minimum half-street right-of-way width of 44 feet. This deed of right-of-way shall be provided based upon the survey required, and performed by a licensed land surveyor of the subject property, 132nd Avenue Southeast, and adjacent affected properties, and shall clearly delineate the existing public right-of-way, property lines, curb lines, paving limits, and other public and private improvements. This right-of- way dedication shall include sufficient property to construct 35-foot radius curb returns tangent to the future curb lines on 132nd Avenue Southeast (at 29 feet west of right-of-way centerline) and the plat street. b. The owner/subdivider shall dedicate sufficient right-of-way to construct the plat street to City Standards for a Residential street, minimum right-of- way 49 feet, and 35-foot radius curb returns at the intersection of the plat street at 132nd Avenue Southeast. C. The owner/subdivider shall grant two 26-foot wide access tracts, each designed to City Standards for a Private Access Tract Roadway, as shown upon the tentative map. In order to consolidate the access along the plat street, permit the required use of barrier curb and gutter, and maintain acceptable safety levels at the reversing horizontal curve in the plat street, the access tract serving Lots 9 and 10 shall be revised to provide access to Lot 8, as well. Abutters' access rights to Lot 18 shall be waived to restrict access to the northerly frontage thereof, ONLY, along the plat street. Access to Lot 7 shall be limited to the frontage along SE 264th Street, and abutter's access rights waived across all remaining frontage, thereof. Similarly, access to Lots 8, 9, and 10 shall be provided for by means of a Private Access Tract Roadway, and abutter's access rights waived across the remaining frontage onto the plat street. d. The owner/subdivider shall waive abutter's access rights across the entire subdivision frontage on 132nd Avenue Southeast. 9 Conditions of Approval Meridian West #FSU-96-2 e. Comply with the requirements of Water District #111 regarding construction and extention of water lines. f. The developer shall pay a fee-in-lieu of parks and open space according to the requirements of Subdivision Code Section 12.04.490 prior to recording of the subdivision. C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN THE 'MERIDIAN WEST' SUBDMSION ( SU 96-02 ). THE OWNER/ SUBDIVIDER SHALL: 1. Construct the improvements noted in Sections A and B, above. 2. "As-built" Drainage Plans for the entire site shall be prepared by a professional land surveyor and submitted to the City for review and approval. 3. Submit a detailed tree plan to the Planning and Public Works Department for concurrent review and approval. 10 EO177 1997 O HEARING EXAMINER CITY OF KENT cEXhibl� Brenda Jacober, City Clerk CITY OF KENT 220 - 4th Avenue South Kent WA 98032-5894 (206) 859-3300 G rantor(s): 1. Walid Mseitif 2. Annette Mseitif Grantee(s): 1. City of Kent Legal Description: 1. Abbreviated form: N 1/2 of E 1/2 of N % of NE '/4 of SE '/d of Sec 28 Twp 22 N R 5E Willamette Meridian in King County, Washington, except county road. Assessor's Property Tax Parcel Account Number(s): 282205-0107-01 MERIDIAN WEST PLAT COVENANT Recitals WHEREAS. on March 19, 1997, the Kent Hearing Examiner held a public hearing to consider an application known as the Meridian West plat(file no. SU-96-2), to subdivide 4.56 acres into 25 single-family lots; and WHEREAS, during the hearing, the Hearing Examiner considered the application, exhibits, staff report, and testimony and after due consideration of all evidence presented and an unaccompanied personal inspection of the property and surrounding area prior to the hearing, the Kent Hearing Examiner entered findings and conclusions in support of a decision approving the preliminary plat application subject to conditions (a copy of the Hearing Examiner's decision is attached as Exhibit A and incorporated herein by this reference); and WHEREAS.one of the Hearing Examiners conditions of subdivision approval required "the owner/subdivider to obtain public storm water easements for the entire conveyance system outside of existing Citv right-of-wav or drainage easements;" and WHEREAS, under Art I Section 1 I of the Washington State Constitution, the City of Kent has police power authority to condition approval of land development to mitigate impacts for the public health safety and welfare of its citizens and has additional authority to require stormwater easements under Ch. 43.21C RCW, Ch. 58.17 RCW,and Kent City Code Chapters 11.03 and 12.04; and WHEREAS, the owner/subdivider has substantially complied with the previously described condition except that Robert A. and Carol J. viandich have refused, in writing, to grant a stormwater easement (a copy of said letter is attached as Exhibit B and incorporated herein by this reference); and WHEREAS, at the time of the preliminary plat hearing neither the City nor the owner/subdivider knew or had reason to believe that obtaining a stormwater easement from the Mandichs would become a legal impossibility; and WHEREAS, the inability to obtain a stormwater easement presents a substantial change in the circumstances surrounding the preliminary plat's review and recommendation for Condition No. 6(c)(iv); and WHEREAS, Mr. Mandich testified regarding his concerns about storm drainage and possible changes to storm drainage, but did not testify that he would not allow a survey or decline to convey a stormwater easement; and WHEREAS, in the absence of a survey to obtain stormwater measurements, the owner/subdivider has agreed to propose a reasonable cost estimate to address estimated impacts to the IvIandich pond, and to enter into a covenant to apply the estimated mitigation funds to the Mandich pond; NOW, THEREFORE. The parties to this covenant do hereby agree as follows: Covenant Meridian West and Walid and Annette iv[seitif owner/subdividers of the 4.86 acres located adjacent to 132nd Avenue SE between SE 263rd and 266th Street and known as the Meridian West preliminary plat declare the following covenants. conditions, and reservations as established to all of the property in said subdivision. This plat and declaration are made subject to the following restrictions and covenants which run with the land and shall be binding on all parties and all persons claiming under them. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property in said development, subdivision, or the City of Kent, to prosecute any proceedings at law or in equity, against the person or persons either to prevent him or them from so doing or to recover damages for such violation. Invalidation of any of these Covenants by judgment or court order shall in no way affect any of the other conditions of preliminary plat approval which shall remain in full force and effect. 1. The City of Kent will allow the Meridian West preliminary plat to proceed prior to obtaining a stormwater easement from the Mandich property, provided that if the owner of the Mandich property does later agree to grant a stormwater easement prior to the sale of the last lot of the Meridian West plat, the owner/subdivider will obtain such stormwater easement at its sole expense and in a manner consistent with City of Kent standards. 2. The owner/subdivider agrees to immediately set aside the sum of S5,000 in an escrow account for a period of ten years to be paid out in the event damages are incurred to the Mandich pond or the Mandich property as a result of stormwater impacts from the Meridian West development. ;. The escrow account will be established at a local bank and on a form approved by the City of Kent. 4. At the end of the aforementioned ten-year period, the funds. or any remaining portion thereof, will be returned to the owner/subdivider if no damages have occurred on the Mandich property as a result of the Meridian West plat development. 5. The owner/subdivider agrees that this covenant is directed only to Condition No. 6(c)(iv) of the Hearing Examiner's decision approving the preliminary plat of Meridian West dated April 2. 1997, and that all other existing conditions remain in full force and effect. 6. The parties to this covenant agree that any ambiguities contained in this document shall not be construed against the drafter. DATED this day of 1997. WALID MSEITIF CITY OF KENT By: Dated: GARY GILL, CITY ENGINEER Dated: 3 ANNETTE N[SEITIF Dated: STATE OF WASHINGTON ) ) ss. COUNTY OFKING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument. on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the _ of the Citv of Kent to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of m" Washington, residing at My commission expires STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument. on oath stated that he/she was authorized to execute the instrument, and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I Mow or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument. on oath stated that he/she was authorized to execute the instrument, and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires P'LAMFILES\0'_Y 1%CO\"ENANT W PO 5 _ Irj r 1 O „ N Oi04'36' E 330.22' 12330 79 " 49 46 a 130TH o AVENUE S.E. 4949 10 ^ 4 10, _ w n > T ➢ L V \0.,, rn N 01'04'43" E a rn to N 01'0443' O 100.00 An no I co o o v . 8 N0 VO4 43'E 125.73' y, N 01'04 43"8000 E1 y m r m Q n o ^ / 10 `I' `, o 1101-04'43"L 119.29' I" 0 c 65.00' I = m y \v JO '1^ i m rn Ao m z� NN DI'0_='43' Ecq � OD p •k: £ ; I r J J V fD m � U� N _ p d 1 �� ri W N Io_ �1 W1 6't o A LI G / ro N 01'04'43" El (D rn a, U A o�`��/i�/ 8792 z i CD SB�5\ tia •c�5�)7 �. N 01'0--0443' E— 11 65.00 cn mttt z ]IN Or04'43" E 7 ro Z \N 01'04'43E,10 " N a 7 00 N W m 67.20' 00 U O o v co V \h1 ^ Vf O I D E A N 01'04'43" E `III 56.22' F 59.00' - = b7 1+, J O 80.00' z N 01'04'43" E 151.22' Ot 2 CO) U rn I CA) D) ? N N z o m IV o N o N 3 � m N Z N 01'04'43' E N o i v m v mo ' toil mo `✓' Of m o ay. oD Q ' 80.00' F >- Vt O D �, sc o N U CID] 1 it R_00'57'04 F mm o D o o 1L=50070 z R02'32'I5'- 00 N 01'04'43" E mm ! =D3'29 19 { L 1333I 80.00' it o.. _ _-- '-"L=18J.45 R=30 ,7 00 L2 � - '� N L-181.42 R=r_ o A b C4 C5 298 r , o � C6 CC 80.00' �r ooz m z m o N o D J o � U oyN mug oA i O c) z tr po 0 J n 54,99 25.01' 50.00' 50.00' { 51.22' U n o a L4 N Of04'43' E 330.22' _ w o F c o �F IOa.50 a o m 225.72 143_ E 264I.75' 132ND AVENUE S.E. — n 1}/a Kent City Council Meeting Date November 3 , 1998 Category Other Business 1 . SUBJECT: BAYBERRY CREST FINAL PLAT FSU-96-3 2 . SUMMARY STATEMENT: This date has been set to consider the final plat application submitted by Bayberry Crest LLC. , for the Bayberry Final Plat . The City Council approved the preliminary plat with conditions on September 16, 1997 . 3 . EXHIBITS: Memo and map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: �j� Councilmember moves, Councilmember (X,/,_ ✓ seconds to approve the staff ' s recommendation of approval with condi- tions of the Bayberry Crest Final Plat and authorize the Mayor to sign the final plat mylar. DISCUSSION: ICA ACTION: C. Council Agenda Item No . 7C CITY of IWSKIB T _. Jim White, Mayor Planning Department (253)859-3390/FAX(253) 850-2544 James P. Harris,Planning Director MEMORANDUM November 3, 1998 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR RE: BAYBERRY CREST FINAL PLAT #FSU-96-3 On September 16, 1997, Kent City Council approved the Hearing Examiner's recommended approval of Bayberry Crest Preliminary Plat (#SU-96-3), a 9.56 acre, 48-lot residential plat. The property is located at 13003 and 12923 SE 256th in Kent, Washington. Staff recommends the City Council approve the Bayberry Crest Final Plat#FSU-96-3 with the attached conditions and direct the Mayor to sign the mylar. JPH\ch\fsu963m Enclosure cc: Fred N. Satterstrom, Planning Manager 2204th AVENUE SOUTH / KENT,WASHINGTON 98032-5895/TELEPHONE (253)859-3300 BAYBERRY CREST PRELIMINARY PLAT #SU-96-3 ON JULY 2, 1997, THE KENT HEARING EXAMINER RECOMMENDED APPROVAL OF THE BAYBERRY CREST PRELIMINARY PLAT #SU-96-3 WITH CONDITIONS. KENT CITY COUNCIL APPROVED WITH THE FOLLOWING CHANGED CONDITIONS THE BAYBERRY CREST PRELIMINARY PLAT ON SEPTEMBER 16, 1997 A. GENERAL CONDITIONS OF APPROVAL 1. The owner/subdivider shall implement all mitigation measures required in the mitigated Determination of Nonsignificance for the proposed Bayberry Crest preliminary subdivision, File #ENV-96-18. B. PRIOR TO RECORDATION OF THE FINAL PLAT 1. The owner/subdivider shall waive abutter's access rights across the entire subdivision frontage along Southeast 256th Street. Said access restriction shall be clearly shown on the face of the final subdivision map. Tract "A" may be exempted therefrom provided Tract "A" is dedicated to the City for drainage purposes. 2. The owner/subdivider shall dedicate sufficient right-of-way for the construction of Southeast 258th Street to City Standards for a Residential Street, minimum right-of-way of 49 feet. 3. The owner/subdivider shall dedicate sufficient right-of-way for the construction of the plat streets: 129th Place Southeast, 130th Place Southeast, Southeast 256th Place and Southeast 257th Street, to City Standards for a Residential Street. The minimum right-of- way of each of these streets shall be 49 feet. At the southerly terminus of 130th Place Southeast, this dedication of right-of-way shall include a minimum 50.5 foot radius at property line to construct a cul-de-sac turnaround. This shall include a minimum 25-foot radius at the property line for all internal street intersections. 4. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a) A gravity sanitary sewer system to serve all lots. Sanitary Sewer service to the subject property would be provided by the Soos Creek Water and Sewer District. Contact that district for details on necessary Conditions of Approval Bayberry Crest #FSU-96-3 improvements. The septic systems serving the existing homes within the proposed plat shall be abandoned in accordance with King County Health Department Regulations. b) A water system meeting domestic and fire flow requirements to serve all lots. Water service to the subject property will be provided by Water District No. I11. Contact that district for details on necessary improvements. Any and all wells on the site shall be abandoned in accordance with the State Department of Ecology requirements. c) A public stormwater drainage system meeting the Kent Construction Standards for conveyance, detention/retention- and water quality treatment. The minimum detention volume standard to be met for this project shall be that for HILLS developments. Because of documented flooding problems at Lake Meridian, however, the release rate shall meet the most stringent requirements of the Soos Creek Basin Plan, unless the City's drainage study for the Meridian Annexation Area determines that this requirement is not justified. The owner/subdivider shall construct the offsite improvements as shown in the approved Conceptual Drainage Plan. In addition, the owner/subdivider is required to obtain public stormwater easements for this conveyance system from the discharge location from the subdivision to Lake Meridian. Roof downspouts for each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Department of Public Works including provisions for overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, and will provide private stormwater stubouts to each lot for future connections to the required Roof Downspout Infiltration Trenches. The following requirement shall be stated on the face of the final subdivision map: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON ANY LOT OF THIS SUBDIVISION SHALL PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS DESIGNED AND INSTALLED w 2 Conditions of Approval Bayberry Crest #FSU-96-3 AS SHOWN IN THE DETAILS SHOWN ON THE APPROVED STORMWATER DRAINAGE PLANS. The Detailed Drainage Plan shall demonstrate that the off-site drainage improvements are adequate to convey the most critical design storm to be discharged from the project's storm water detention facility (up to a 100- year 24 hour event) as determined by the Public Works Director. Should downstream capacity be insufficient to convey the most critical design storm as discharged from the storm water detention facility, the owner/subdivider shall either modify the off-site improvements OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the proposed downstream conveyance system will not be exceeded. Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the owner/subdivider will have to further restrict the a of stormwater from this development. In the event that the City proposes to construct, within the construction schedule for this project, a new public storm water conveyance system capable of conveying the most critical design storm to be discharged from the project's storm water detention facility (up to a 100-year 24 hour event), the owner/subdivider shall connect to that system and pay a fee in lieu of constructing the off-site improvements based upon the owner/subdivider's prorata share of the public improvements. The owner/subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility to the Kent Planning Department and the Department of Public Works for review and approval prior to approval of the Detailed Drainage Plans. The properties directly east of this proposed subdivision currently experience stormwater • .rainage problems during heavy rainfall events. In order to ensure tha- development will not exacerbate this existing problem. -ne owner, :-odivider shall ensure that all surface water runoff from new impervious surfaces within the subdivision shall be intercepted, collected and directed to the public stormwater drainage in accordance with the approved final detailed drainage plan. Surface flows from pervious surfaces in lots 22-27 may continue to follow their natural 3 Conditions of Approval - Bayberry Crest #FSU-96-3 drainage course to the south and east unless it can be collected, intercepted and directed to the public storm system without filling these lots. d) A public Stormwater Drainage Treatment Plan. The owner/ subdivider shall construct an open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment (it is the only alternative which captures all pollutants from the design storm)-I biofiltration swales; wet ponds, extended detention ponds; and created wetlands. Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. However, the applicant has established through a geotechnical study that an infiltration system is not viable. i. The stormwater treatment system shall be within the approved retention/detention facility tract. Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. e) Grading Plans for the entire subdivision. These Grading Plans shall include-: utilities; roads; the public stormwater drainage system, with provisions to ensure that surface water is controlled in accordance with the approved final storm drainage plan; the existing trees which will remain upon completion of grading; graded building pads for all lots with an approximate building footprint shown for each lot. f) Southeast 256th Street is currently operating at level-of-service "D" with segment traffic volumes near the intersection of 132nd Avenue Southeast where the roadway is only two lanes, exceeding 13,000 vehicles per day. East of the subdivision, near the intersection of 132nd Avenue Southeast, the daily traffic volumes along the three lane section of roadway are nearly 15,000 vehicles per day. These levels-of-service exceed the threshold volume/capacity ratio established in the City's Comprehensive Plan for this area of the City. Similarly, the intersection of 132nd Avenue Southeast at Southeast 256th Street has been exceeding the threshold level-ofservice established in the Comprehensive Plan since 1991. 4 Conditions of Approval Bayberry Crest #FSU-96-3 Improvement of Southeast 256th Street is planned as part of the City's Six Year Transportation Improvement Program (TIP). The Southwest 256th Street project will improve this roadway to five lanes (two travel lanes and a center turn lane). This road improvement project is viewed as providing the necessary capacity for an adequate public facility. While construction of this road project is scheduled to begin in approximately 1999, the final design of this facility is still in flux. It would be a potential waste of private and public resources if the applicant were required to construct a half-street improvement on Southeast 256th Street. This widened street shall include an additional 14 feet of right of way, dedicated to the City of Kent, across the entire property frontage, for the widening and improvement of the south half that may need to be removed upon construction of the full facility project. The owner/subdivider shall, at its discretion, either construct a half-street improvement on SE 256th Street or, in lieu of such construction, make a cash contribution to the city in an amount equivalent to the cost of a typical half-street improvement in front of the subject property using the existing horizontal and vertical road profile of Southeast 256th Street and using unit pricing consistent with City binds on similar street projects. g) Construct each of the plat streets to City Standards for a Residential Street. i. The paved roadway width shall be a minimum of 32 feet as measured from face of curb to face of curb, based on survey required in prior conditions, as well as street lighting; five (5)-foot wide concrete sidewalks along the both sides of the plat streets; drainage facilities, street channelization; utilities and appurtenances. At the southerly terminus of 130th Place Southeast, these improvements shall include the construction of a cul-de-sac turnaround meeting City Standards, including a 45-foot radius turnaround (as measured at face of curb). The improvements shall also include a ten (10) foot wide paved walkway, within a dedicated tract, with fencing on both sides and night time illumination, linking the internal plat street to Southeast 258`h Street within the Rainier View Estates Plat. 5 Conditions of Approval Bayberry Crest #FSU-96-3 ii. The improvements to Southeast 258th shall extend westerly to the west end of Lot 13 with a stripped transition from the existing improved section of Southeast 258th easterly to 129th Place S.E. To the east, the improvements to Southeast 258th shall extend to the easterly end of Lot 15 where a temporary driveway may be constructed within the dedicated right-of-way to provide access into Lot 14. The owner/subdivider shall pay a fee in lieu of completing the improvements across the front of Lot 14. At the easterly end of these improvements, the owner/ subdivider shall install a "permanent" Type III Barricade. The owner/subdivider shall install a sip (using silk-screened/ photographically produced lettering upon an aluminum sign plate - -fiber board, plywood, or cardboard are not acceptable) at least 36" by 48" in size upon the barricade using tamperresistant/vandal- resistant mounting hardware. This sign shall carry the following message: PUBLIC NOTICE Southeast 258th Street is temporarily dead-ended at this barricade and is required to be constructed & extended upon the development of the property to the south. Contact the City of Kent Public Works Department for further information." Finally, the developer shall install "No Parking Any Time" signs across the frontage of Lot 14 and 15, on Southeast 258th Street. 8. The subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B and provide all public and private easements necessary for the construction, identified in Section B. above. 9. Existing buildings and structures shall either be demolished or relocated in order to meet zoning setback requirements. 10. The owner/developer shall dedicate five (5) percent of the total plat area for open space/park land or pay a fee in lieu of dedication pursuant to requirements of KCC Section 12.04.490. 6 Conditions of Approval Bayberry Crest #FSU-96-3 C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN THE BAYBERRY CREST SUBDIVISION: 1. The owner/subdivider shall receive approval fo- detailed Grading Plans AND Temporary Erosion and Sediment Control Plans submitted to the Department of Public Works in conformance to the City Construction Standards. Z. As-built Drainage Plans for the entire site shall be prepared by a certified land surveyor and approved by the City prior to issuance of building permits. 3. The owner/subdivider shall submit a detailed tree plan to the Kent Planning and Department of Public Works for concurrent review and approval prior to the approval of the Grading Permit and prior to issuance of any other construction permits. 4. Construct all improvements required in Sections A and B above. 7 SU-96-3 'lam BAYBERRY CREST A PORTION OF THE HE 1/4 OF THE HE 1/4 SEC. 28, TWP. 22 N., RGE 5 E.. W.M. KING COUNTY, WASHINGTON CITY OF KENT w \ — J - - a R .N-> — — — - - - — — — — — — — — — — — — _ a „ S.E. 256TH ST. to.a[rIM. R lo'.Arta.• ssuur s[[ l0 aurc G SEW.,.e[C • to b[O[mlp r0 xOrt T'ifrr S. [•Sll. xc rn,l m.0 Iq xo r.0 nonf U.S., R In.. 28 2 u x eaee'n'w w[.t. I'„ s NON to r-r� _- -etc xo smiulM+ � « xo s el ur Ll _ __ -- _ _ - _ __.__.__ ___ . G ..._ _.__ _ if so [wl I .g .-^ 28 '- ? $ ce co 31 30 29 = 8 27 33 32 ,aen is as _ 1.0 0'UK, RACT F$ __ _ I_ TRACT I R ]N 51 ['� V q' fl is 3 „ 4 so .era rr J ISs'rl'w � S YwteJ ]I.lr--�f� [•Yu[xr OC)0).IIY PJ I t•xutxr y P,Iv,R 26 ' Ux alJ so mr 4 R X'o of 2.5 ].s' aom •rt so twr-j y 34 6. 35 d. 36 37 10 xw. 8 uvuorl Ms. b2 - 25 -'8 J ax Nes'or �a..rta+[ 5 Nass$ I vu' ar ° s' - g so Is., — — x Ym. w roslr. •• 23 I —moo'7, I R 6 41 p9 40 %g 39 y8 38 xNvar 'I 24 1 ,v•xua sol - - a.+w•R :p ma.1 e I n Pl c I so tw, I o a'UK.J. 41102. MIS �+. rnvxl.r =w(�[•s[ l., _ �R no ae � t•mtx, -ae u• - -)]n•-- " a 22 i I r.w ° n " +rs-- ] • uO n x f.le%'C Is" 4b 4P 6i.: x Nesor'w — r )o v- cr 1 ) Is T' )r v' __)T»-I11-7 r- �' 1 s.-__, py�Q.P I.IIYC..v. J r•xWx, • r00° J u l ) [10 Y(x�� r' so [wl so tsx7 `•\ 20 g ,rs '^ex .,P 10 a. 11 Pn np 12 i13 Pg 14 n ^� ax N,sew' uY.r[xi R ,rr la •er0r var sry N)r a a)r xeeSs sol 19 8 r� 11 )'x.RII 1NHJ 05 $UN, A !c o p 47 B 46 P 45 cp R_n a r•IIaxl. _ _ .^d 44 p 43 .. 42 R^ s rt,[ur[ Y ' 18 - - uimun _ yip Cs� I ,000 0 15 use 16 -se]o--o P o u'PYII]t ca0 Leo [Pi 17 'r .u. re.� S.E. 258TH ST SIW io rs�rt xeeerar. sfo s. -r)r)` L', — N J I, p102 NOTE N ( NMRN[ • 8 0 [ qwvR �]' C]� tlf•�, ryl _��) ,��t '.IF rOl[S.-e ar ..,»... ..... . ............ Kent City Council Meeting Date November 3 , 1998 Category Other Business 1 . SUBJECT: ANNEXATION POLICY - CONSIDERATION 2 . SUMMARY STATEMENT: On April 1, 1997, the City Council approved the current annexation policy for the City. At the Council retreat earlier this year, the Council decided to review the annexation policy to determine if it needed to be updated. The Planning/Public works Committee met three times to consider revisions and decided to forward the proposed revisions to the full Council without a recommendation. 3 . EXHIBITS : Memo, map and minutes 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 &W moves, Councilmember seconds approve the proposed amendments to the Annexation Policy and Annexation Strategies , 0L.D Q rY1L,�<QE� DISCUSSION: LLPL""e a-rma J ACTION: CCJJ Council Agenda Item No. 7D CITY OF WT"g4T �. Jim White, Mayor Planning Department (253) 859-3390/FAX (253) 850-2544 James P. Harris, Planning Director MEMORANDUM October 28, 1998 TO: MAJORY JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: PROPOSED AMENDMENTS TO THE ANNEXATION POLICIES AND STRATEGIES On April 1, 1997, the City Council approved Annexation Policies as recommended by the Council Planning Committee. At the Council's retreat early this year, the Council decided to review the annexation policy and made it a High Priority Target Issue as follows: Annexation Policy and Strategy • Review Current Policy • Evaluate Options • Decision: Policy Direction • Develop Strategy with Action Plan The council's Planning and Public Works Committee met three times to consider proposed revisions to the annexation Policies: June 10, July 20, and October 5. On October 5 the Committee recommended that the attached staff proposed modifications be sent to the council without a recommendation. Since the adoption of the Annexation Policies in 1997, two more annexations have taken place: Meridian Valley and Del Mar. The City is now left with essentially one remaining large area lying within the City's Potential Annexation Area. This is the area lying north of S.E. 250`h Street northerly to S.E. 192°d Street and from just west of 108`h Avenue S.E. to Soos Creek. This area is similar to the Meridian area that was annexed on January 1, 1996. There are approximately 20,000 persons residing in about 4 square miles of this Panther Lake/Kentridge area. The proposed Annexation Policies and Strategies primarily deal with the one large remaining M area in Kent's PAA. However, there are several other smaller areas, primarily uninhabited except for the island adjacent to Military Road, in the PAA. _2041h AVENUE SOUTH i KENT.WASHINGTON 08032-58951 TELEPHONE i2531859-3300 KENT'S ANNEXATION POLICY AND STRATEGY POLICIES 1. The City's annexation goal is to aaaem be consistent with growth management requirements. which include annexations of the remainder of Kent's Potential Annexation Area (PAA). of 2. The City should assist citizens who have expressed a desire to annex to the City. 3. To the extent possible, operatingI impacts te-Gi",serviees from previous annexations need to be absorbed prior to at empting initiating additional annexations. c o ns;d«;(Va ¢ All aFeas of the PAA AA ..he have an equal .ay f m . _ the City, but -5- The Git� t 11 i .•a� Y t l r tky et a+ed wit ---- ie and shail determine their-eests and the time line♦e aeeemp1• t. h l l L r ere the annexation takes pleee. 4.& The City shall identify, to the extent posssible, the gear-eess revenue and w expenses associated with each annexations. The City shall identify the capital facility impacts associated with each annexation and shall determine costs and a timeline to accomplish such improvements -7-• The gels and peheies eentainedK V n xt r r . Gempr-ehefisive nt"l' sh ll be r ll, e as they to (NOTE: 7 has been placed in policy 1) S.g- Levels of service in the existing City shall not be diminished because of new annexations. �- Affine9fatiens .,1_..11 the t their- Y r pay6.+Q-. The City shall require all development within the PAA that desires City utilities to sign no protest agreements and agreements to develop in conformance with Kent's Comprehensive Plan designation and to Kent Public Works standards. 7.44-. The City shall not initiate Comprehensive Plan amendment and zoning amendment hearings, for an annexation area, until the City Council adopts an annexation ordinance. 8.4,1- After the City Council adopts an annexation ordinance, the actual date the annexation takes place shetrld shall coincide with the availability of revenue to the maximum extent ossi=is d by the City for the annexed area. 9.� The preferred method through the property owner petition method. However, no protest annexation agreements as well as the election method may from time to time be in the citizen's and City's best interest. 10. The highly developed urban areas within Kent's PAA shall have a high oriority for annexation to the City. 11. If the urban - rural line as adopted by King County adiacent to Kent's PAA, is moved beyond the current line the City will reexamine the PAA boundary in light of future annexation impacts. ANNEXATION STRATEGIES 1. Kent should finalize the proposed interlocal agreement between Kent and Renton before any annexations are attempted in the PAA lying to the northeast of Kent. 2. The rural areas within Kent's PAA shoud have a lower annexation priority than the urbanized area lying to the north east of the City. 3. Kent's next annexation should be the urbanized area lying westerly of 1081h Avenue S.E. and between S. E. 200`h Street and S.E. 225`h Place. 4. Following the annexation mentioned in strategy 3, the City should explore the possiblity of annexing the urbanized area easterly of 1081h Avenue S.E., including the Park Orchard area. 5. While strategy number 3 is being carried out, a possible annexation lying north of S.E. 240`h Street and extending to approximately S.E. 2241h Street and lying between 116`h Avenue S.E. and Soos Creek shoud be explored. r� ►♦♦,♦4►-��_�►., _♦ CAP WMAX-MV64140NOW1 MIN WE i i ♦♦ �A.,»�s Vie;s;:,�; ���►��►♦,♦��. QRI ILO• �, 1� 1 , hs,11I l�lli� �`Ih 1 1. �_.0 u... IrMILJu� � uun�mm� � i IIIIII • - � • � • ' PUBLIC WORKS/PLANNING COMMITTEE MINUTES October 5, 1998 Annexation Policy and Strategy Planning Director, Jim Harris, showed the Committee a map of the City outlining the principle annexation area which goes from about 180th on the north of the City. to south of Renton all the way to 277h on the south of the City,just north of Auburn and all the way from Pacific Highway South on the west, and to Soos Creek on the east. 'here are about 30 sq. miles in the City, and this annexation would extend the City's boundaries by another 4-5 sq. miles. Tom Brotherton asked what the population of the annexation area was. Mr. Harris responded that it was estimated at approximately 15,000 people. Mr. Harris said other areas in the potential annexation area include the Smith Brothers Farm area, 277`h and West ` alley Highway which is a large wetland area, an area south of the river along Central A-.,enue down to the area north of Auburn along the Green River/Minkler Road, and an island at Military Road and Kent/Des Moines Road, still in the County but surrounded completely by the City. There are also other small areas that are still in the county. What the policies are intended to do, Mr. Harris explained, is to state in a very general way how to deal with the areas that are left. Mr. Hams went over the changes from the policies that were adopted last year. He said that the policies were almost precisely what was approved last year except for 10 and 11 which are brand new. The first policy puts the annexation in the perspective of being related to the general population plan, the GMC Plan. The second policy, which states the City should assist citizens who express the desire to annex to the City, remains unchanged. Mr. Harris related that he had two parties negotiating and talking with him about annexation who have a very positive attitude about Kent. The third policy, with some additions and deletions, says that to the extent possible, operating impacts from previous annexations need to be absorbed prior to initiating annexation of additional areas. Last year, the Del Mar Area and the Meridian Valley Country Club brought in approximately 8,000 more people. The City is absorbing the costs in City services that those annexations brought. Policies Four and Five were deleted. Policy Six(new Four) states that the City shall identify to the extent possible tjie revenue and expenses associated with each annexation. The City shall identify the capital facilities impact associated with each annexation and shall determine costs and the time-line to accomplish it. Mr. Harris clarified that these policies say the City should know what's happening now with the existing annexations and what the impacts are. Policy Seven was incorporated back into number one. The old Policy Eight (new Five) stays the same. Policy Nine was deleted. Policy Ten is now the new Six and stays the same. Policy Eleven, which is now the new Seven, was updated with a couple of words. The City shall not initiate Comprehensive Plan amendment and zoning amendment hearings for an annexation area until the City Council adopts an annexation ordinance. Mr. Harris said this is so the City is not doing pre-zoning prior to annexation only to never have the annexation happen. The new Policy Eight is an update of the old Policy Twelve. After the City Council adopts an annexation ordinance the actual date the annexation takes place shall coincide with the availability of revenue to be received by the City for the annexed area. Tom Brotherton made the point that the City did not start receiving property taxes from the annexed area for a year after the annexation, and that the new Policy Eight was in conflict with the law. Mr. Harris said that only property taxes lag, and some revenue would coincide. This policy would make the money immediately available as the City needs to make sure that services provided do not drain the funds. Mr. Brotherton suggested changing the wording to say `to the maximum extent possible' as property taxes would not fit with the policy as worded with `shall'. Policy Nine is an update from the old Thirteen. The preferred method of annexation is through the property owner petition method. However,no-protest annexation agreements as well as the election method may from time to time be in the citizen's and City's best interest. Mr. Harris said that one of the Strategies deals with a no-protest annexation. He said it is very important when people want the City's services such as sewer and water that they sign a no-protest annexation so they will not later have these services and then say they don't want to be in the City. Chair, Tim Clark, stated his feelings that the no- protest policy was an aggressive assertion. Jim Harris agreed that the City has been very aggressive on getting no-protest annexation agreements and that there are a number of no-protest annexation agreements in areas north and east of the existing City boundaries. He said that the whole western chunk of the Meridian annexation was a no-protest, LID annexation. Policy 10, which is a new policy, states that the highly developed urban areas within Kent's PAA shall have the highest priority for annexation to the City of Kent. Mr. Hams said this was because those areas bring a return to the City. It costs a lot of money to deal with an annexation only to have it go away or to have a very rural area which does not do anything for the City. The new Policy 11 states that if the urban- rural line, as adopted by King County adjacent to Kent's PAA, is moved beyond the current line, the City will reexamine the PAA boundary in light of future annexation impacts. Mr. Hams said that his Departmgnt had come up with five Strategy statements. They are now meeting with Renton to finalize the potential annexation lines for Renton and Kent. He said it was very important to get an interlocal agreement and that Kent has one with Federal Way, Auburn, and Renton. In explaining the second strategy, Mr. Hams said the rural areas within Kent's PAA would have priority,just not as much as the urbanized area lying to the northeast of the City. The third strategy, which details Kent's next proposed annexation and incorporates the urbanized area lying westerly of 108'h Ave. SE and between SE 200' ST. and SE 225 h Pl., is a no-protest annexation. Mr. Harris said the City has enough no-protest annexation agreements for annexation to occur there. That area is not in the City but the City already serves sewer and water there. The next step, Strategy Four, would be to explore annexing the urbanized area easterly of 108d' Ave. SE, including Park Orchard. Then, the possible annexation of the area lying north of SE 240t' and extending to approximately 224'', and lying between 116 h SE and Soos Creek should be explored. Mr. Harris said there is presently a group of people very interested in that annexation. Tom Brotherton questioned why only half of the intersection at 108'' and 208'', a major business area, was included in the proposed annexation. Jim Harris said it is important to retain a modem of commercial components for future annexations because that's what pays for the new police officers and the new planners. If all of the commercial components are taken in now,then two-five years later when it's time to annex the adjoining area, that area won't pay for itself because it's strictly a residential annexation. The money from the commercial area that was annexed earlier would have already been spent. If that eastside area in question is saved to go with the annexation of the area towards Kentridge High School and Soos Creek,there will be a modem of commercial income that will help defray the costs that are going to occur from taking in the residential area. Mr. Brotherton said he would like to see a financial analysis comparing annexing all of the commercial area and bringing in tax dollars now or of leaving a modem of commercial to go with the residential for future annexation. Rico Yingling asked why the long-term plans could not be tailored to bring in the money early and a mechanism structured for saving. Mr. Harris felt that would not work as the money would be in the general fund and would be spent. Tim Clark took exception to the no-protest annexation agreements and said that people should not be forced into a position where they no longer have a choice. He said that as time passes and citizens become more isolated in a County with declining services, the City will look better to them and they will choose to come into the City. What the no- protest policy does is force people to come into the City because they are inside the pre- annexation area. Jim Harris reminded the Committee that there was no date put on the annexations and that they could take place 5 or 10 years from now, but that the policies prioritize the urban areas for annexation. Rico Yingling asked what the downside of waiting would be. Mr. Harris responded that there would be increasing frustration for the citizens, and the possibility that land use issues could become a detriment to the neighborhood and the City would have no control over them. He said the City does have some control wherever there are City utilities. The City also controls Fire, but not Police action. Mr. Yingling asked about density to which Mr. Harris replied that the density differences in the County and the City are about the same. He said that the City has incorporated much of the County's zoning code density factors into City code and the two are similar in their densification goals and their infrastructure designs. �- Tom Brotherton suggested informing the citizens of service levels in all areas by collecting information on taxes, Police, Fire, and other services. He said getting information and letting people make an informed decision would be the preferred method of annexation. Tim Clark felt that Policy 10 was too aggressive. He took exception to the words `shall have the highest priority for annexation'. He said that there are other areas including the rural areas that should have priority. Rico Yingling suggested changing the wording to say `high priority' rather than `highest priority'. Tom Brotherton moved that the Committee recommend approval of the modified annexation policy & strategy. The motion was seconded and passed by a vote of 3-0. Kent's Annexation Policy and Strategy Proposed Motion: Recommend approval of the modified annexation policies and strategies. CITY Of � � Jim White, Mayor = • Planning Department (253) 859-3390/FAX(253) 850-2544 James P. Harris, Planning Director MEMORANDUM SEPTEMBER 29, 1998 TO: PLANNING AND PUBLIC WORKS COMMITTEE TIM CLAW CHAIR, TOM BROTHERTON AND RICO YINGLING ' FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: ANNEXATION POLICY AND STRATEGY The staff revised Annexation Policies and Strategy is being presented to the Committee as -- a result of the Council's designation of the existing Annexation Policy and Strategy as a High Priority Target issue for 1998. The Committee has reviewed the policies at the June Ioth and July 15`h meetings. Questions raised at these meetings will be addressed. The changes from the 1997 adopted policies are noted by a..'�s (crossed out) and additions (underlined). JPH:pm ANNEXMDOC ]20.;th AVENUE SOUTH KENT.WASHINGTON 49012-iSyS TELEPHONE i2S11851).�3011 KENT'S ANNEXATION POLICY AND STRATEGY POLICIES 1. The City's annexation goal is to any be consistent with growth management requirements, which include annexations of the remainder of Kent's Potential Annexation Area(PAA). as willing eitizens eeme fer-wafd and within the ability 2. The City should assist citizens who have expressed a desire to annex to the City. 3. To the extent possible, operating I impacts to City-seryiees from rem vious annexations need to be absorbed prior to attempting initiating additional annexations. -5- The City shall identify these eapital f6eilify impaets asseeiated vAth an annexeAieft and shall deteffaine their- eests and the time line te aeeemplish them well be the wmexa&ien takes plaee. 4.6- The City shall identify, to the extent posssible, the geaer-eA fund eests revenue and Menses associated with each annexations. The City shall identify the capital facilky impacts associated with each annexation and shall determine costs and a timeline to accomplish such improvements. -7- The a, als e d pelf ies _enta.ed _n Kent's r— ,th lug --- _ ----- -� r� _ "^a-� �r��— Plan shall be fellewed as the, exatiefts. (NOTE: 7 has been placed in policy 1) 5.9- Levels of service in the existing City shall not be diminished because of new annexations. 6.4-0- The City shall require all development within the PAA that desires City utilities to sign no protest agreements and agreements to develop in conformance with Kent's Comprehensive Plan designation and to Kent Public Works standards. 7.44- The City shall not initiate Comprehensive Plan amendment and zoning amendment hearings, for an annexation area, until the City Council adopts an annexation ordinance. 8.4-3- After the City Council adopts an annexation ordinance, the actual date the annexation takes place sheaf shall coincide with the availability of revenue to be received by the City for the annexed area. 9.4-3 The preferred method of annexation is through the property owner petition method. However, no protest annexation agreements as well as the election method may from time to time be in the citizen's and City's best interest. 10. The highly developed urban areas within Kent's PAA shall have the highest priority for annexation to the City. 11. If the urban rural line as adopted by King County adiacent to Kent's PAA, is moved beyond the current line the City will reexamine the PAA boundary in light of future annexation impacts. ANNEXATION STRATEGIES 1. Kent should finalize the proposed interlocal agreement between Kent and Renton before any annexations are attempted in the PAA lying to the northeast of Kent. 2. The rural areas within Kent's PAA shoud have a lower annexation priority than the urbanized area lying to the north east of the City. 3. Kent's next annexation should be the urbanized area lying westerly of 108'h Avenue S.E. and between S. E. 200'h Street and S.E. 225'Place. 4. Following the annexation mentioned in strategy 3, the City should explore the possiblity of annexing the urbanized area easterly of 108'h Avenue S.E., including the Park Orchard area. 5. While strategy number 3 is being carried out, a possible annexation lying north of S.E. 2400' Street and extending to approximately S.E. 224'h Street and lying between 116'h Avenue S.E. and Soos Creek shoud be explored. ........................ Kent City Council Meeting Date November 3 , 1998 Category Other Business 1 . SUBJECT: BPA POWER ALLOCATION POLICIES - RESOLUTION 2 . SUMMARY STATEMENT: Under the Northwest Regional Power Act and other statutes, the Bonneville Power Administration (BPA) has an obligation to provide federal power to Northwest investor-owned utilities serving residential and small farm customers . The BPA has released a draft proposal for the sale of all electricity generated at the federal dams on the Columbia River and its tributaries . The BPA' s proposed alloca- tion for residential and small farm customers is short of the minimum allocation recommended by the Northwest State Public Utility Commissions . The proposal includes an allocation for direct service to industries such as aluminum companies while it falls short of meeting the supply needs for the residential and small-farm customers . Puget Sound Energy has requested that the City of Kent adopt a resolution objecting to the BPA' s current allocation proposal . 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember &W moves, Councilmember seconds passage of Resolution No . 1519 relating to the Bonneville Power Administration ' s proposed sale of electricity and its impacts of the allocation to residential and small-farm customers . DISCUSSION: y, - ACTION: Council Agenda Item No. 7E PUGET SOUND ENERGY October 15, 1998 Mayor Jim White City of Kent 220 Fourth Avenue South Kent, WA 98032 Dear Mayor White: Thank you for meeting with me to discuss the Bonneville Power Administration's subscription issue. Since our discussion BPA has released a draft proposal which outlines their intentions on how they will be selling all of the electricity generated at the federal dams on the Columbia River and its tributaries. In summary, BPA's proposed allocation for residential and small farm customers is far short of the minimum unanimously recommended by the Northwest state public utility commissions. (I am including a copy of their proposal for your review.) Instead BPA's proposal includes an allocation for direct service industries, such as aluminum companies, while it falls short in meeting the supply needs for the residential and small farm customers. Meanwhile BPA has acknowledged that it is statutorily obligated to provide the benefits of federal power to investor-owned utilities' residential and small farm loads, and that it does not have a statutory obligation to sell power to direct service providers. We remain concerned that this draft proposal does not provide fair and equitable treatment for residential and small farm customers of investor owned utilities. This concern is echoed in the news article I am including for your information. The public comment period for this proposal ends on October 23. Please call me at (206)224-2234 if you would like more information on this issue. Sincerely, Bob Braukus Manager Community Relations Puget Sound Energy • 815 Mercer Street • Seattte.WA 98109 BONNEVILLE POWER ADMINISTRATION POWER SUBSCRIPTION STRATEGY PROPOSAL Sept 18, 1998 (Section II) H. Subscribing to Federal Power BPA proposes to open the Subscription window from Nov. 15, 1998, through Nov. 30, 1999. The window may be extended, if needed due to unforeseen delays in the rate case. Rates for post-2001 service will be set in the Wholesale Power Rate Case scheduled to begin in early 1999. BPA and its customers can bilaterally negotiate and execute power sales contracts at any time during this period. Most Subscription contracts signed prior to the end of the rate case will be subject to the final rate(s) established in the rate case. Approximately 6300 annual average megawatts (aMW- the unit of energy output of one megawatt of capacity for one year) of firm power are available for Subscription(on an average annual basis over the post-2001 five-year rate period). All customers serving regional firm consumer load are eligible to purchase firm power within the constraints of existing statutes. BPA intends to assure that the benefits of the Federal Columbia River Power System (FCRPS) are distributed as widely as possible throughout the region. BPA estimates that public agency customers could subscribe up to approximately 5500 aMW of firm power at BPA's lowest cost firm power rate. In addition,IOUs or their successors may subscribe on behalf of residential and small farm customers to the equivalent of 1500 aMW of firm power. After meeting the power requests of public agency customers and IOUs, DSIs may execute firm power contracts for remaining firm power. BPA expects approximately 1000 aMW of firm power to be available for the DSIs, but the amount will depend on Subscription choices made by public.entities and investor-owned utilities. In addition, BPA intends to offer 1000 aMW of interruptible power sales to DSIs. If sales occur at a pace that meets BPA's business interests, all the firm inventory will be sold through Subscription. A.Serving Public Agency Loads BPA proposes that public agencies be able to subscribe at the lowest cost-based Priority Firm rate (PF(1)) for all load not currently being served by customers' generating resources as of the release date of the final Subscription strategy. Public agency customers will be able to continue Residential Exchange transactions under section 5(c) - additional power deliveries depending on which approach is most cost-effective for BPA.The actual power deliveries for these loads will be in equal hourly amounts over the period. Expiration of existing long-term extra-regional power sales contracts will make approximately another 1000 aMW available for Subscription after 2006. Subject to meeting its public agency service obligations, this should make it possible to reach the state public utility commissions' goal of 2200 aMW available for IOU residential consumers, absent significant reductions in BPA system capability. To the extent permitted by law, the state public utility commissions will jointly determine the`share of power that goes to the residential and small farm customers of each IOU that chooses to participate in Subscription. The state commissions also will determine how the benefits of the Subscription sales will be passed on to residential and small farm consumers. In addition, the commissions will determine whether utilities with negative account balances under the previous Residential Purchase and Sale Agreements (RPSAs) must pay BPA the full amount of their negative balances before they are eligible to participate in Subscription. The consumer bills of participating IOUs should designate Benefits of the Federal Columbia River Power System" to describe the amount of benefits each consumer receives. Further, Subscription power (both the physical and financial components) will be transferable to any other eligible entity that serves the residential and small farm load (for example, new public agencies, aggregators, etc.) under the same terms and conditions as the Subscription purchase by the original IOU. BPA intends to ensure that the benefits of low-cost federal power are widely enjoyed by residential and small farm customers throughout the Pacific Northwest. The region needs to clarify how the benefits of low-cost, in-region, nonfederal resources are preserved to benefit regional residential and small farm ratepayers. An important consideration in BPA's proposal to sell power for service to residential and small farm customers of IOUs is that these sales not displace low-cost nonfederal resources currently serving regional loads and be used to serve loads outside the region. C.Serving the DSIs Assuming public agency customers continue to purchase power from BPA at current levels, BPA should be able to serve 2000 aMW of DSI load under this proposal through a combination of 1000 aMW of firm power left after public agency and IOU residential and small farm purchases plus 1000 aMW of interruptible sales. Unlike the amounts for the public agencies and IOU customers, however, the full expected 2000 aMW is not guaranteed to be available to the DSIs. If DSI purchase requests exceed BPA's power availability, BPA proposes to give priority within the DSI class to DSIs who made larger purchase commitments to BPA in 1995. A`i.sTar oA a v W� yni Jh1 itlftl t,J STATE OF WASHINGTON WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION 1300 S. Evergreen Park Dr. S.W., P.O. Box 47250 • Olympia, Washington 98504-7250 (360) 753-6423 • TTY (360) 586-8203 September 2, 1998 Mr. Joe Quintana Puget Sound Energy PO Box 97034 Bellevue, WA 98009-9734 Dear Mr. Quintana: Subject: Spreading the Benefits of Pacific Northwest Federal Power As you may know, the Bonneville Power Administration is in the process of developing the principles, terms, and conditions that will form the framework for sale of power generated by the Federal Columbia River Power System (FCRPS) into the next century. The Washington Utilities and Transportation Commission has in the past, and will continue to advocate that the considerable benefits of the FCRPS be spread widely in the region. Particularly, we believe that the residential and small farm customers of all utilities, both consumer and investor-owned, receive a reasonable 1 share of these benefits. With that long-standing objective in mind, we have joined with our colleagues at the public utility commissions of Idaho and Oregon, and the public service commission of Montana to advocate a set of principles to guide BPA's power sale subscription process. We thought you would be interested in the principles the utility commissioners of the four states have unanimously endorsed. For your information, we have enclosed a copy of the letter by which the four commissions conveyed their position to BPA. The first principle in this list is the most fundamental. We recognize that its implementation means that the amount of cost-based federal power available for large, directly-served, industrial loads may be limited. These industrial loads are also regionally important. However, it is also important to note that they have access to market-based alternatives to federal power from the publicly-owned federal_system. Over the last few years these customers argued strenuously for the opportunity to shop for power available at market prices in the competitive bulk power market. They now have that opportunity through direct access to BPA's transmission services. Sincerely, Anne Levinson Richard Hems d William R_ Gillis Chairwoman Commissioner Commissioner Enclosure PACIFIC NORTHWEST STATE UTILITY COMMISSIONERS f 4ai�rA7r 0, C • � •~ ,N1 1�51 PC~' Idaho Montana Oregon Washington Public Utility Public Service Public Utility Utilities and Transportation Commission Commission Commission Commission August 27, 1998 Ms.Judi Johansen Adminstrator Bonneville Power Administration PO Box 3621 w Portland,Oregon 97208 Dear Ms.Johansen: Subject: Recommended Principles to Guide Subscription The four Northwest state utility commissions (Idaho, Montana, Oregon, and Washington) have a keen interest in the ongoing effort to establish a process for sale of federal power through subscription. We would like to collectively thank you for the opportunity during our August 18, 1998, regularly scheduled meeting to have a frank and candid discussion with you and your staff.about the principles we believe should guide subscription to ensure that the considerable benefits of the federal power system are shared among all citizens of the Pacific Northwest (PNW) region. We were particularly pleased to see your recent press release indicating that it is Bonneville Power Administration's (BPA) intention that these benefits be spread to homes and farms throughout the region. We believe the mission and future of BPA will be much more sustainable when all PNW citizens benefit from the federal power system and have a stake in the agency. During our discussion at the August 18 meeting, you asked for us to formally present to you in writing our seven principles. Each of the principles is listed below along with a short discussion. Recommended Principles to Guide Subscription Ms. Judi Johansen August 27, 1998 Page 2 The first of our principles is the most fundamental. We believe that the objective of equitably sharing the benefits of the federal system across the region is best achieved by conferring highest priority for federal power sales on public agencies and the residential and small farm customers of investor-owned utilities. We further believe that this principle is fully consistent with current federal law governing sales of federal power. Consequently, our first principle is: Federal power should be offered in the following priority: public agencies, next to residential and small farm customers of investor-owned utilities, third in priority the Direct Service Industries, and then other regional customers. Our second principle presents the minimum level of access to federal power benefits for residential and small farm customers of IOUs we can support. We recognize that the capability of the federal power system is not limitless. We have chosen a level of access that strikes a balance between system capability, including other commitments and obligations, with the objective of equitable sharing the federal system benefits. The subscription process should make available to the residential and small farm customers of IOUs access to no less than 2200 aMW of power. The power should I be priced the same as power made available to the public agencies. This represents roughly half of the total residential and small farm loads of the region's IOUs. The state utility commissions are prepared to take on the task of further allocating the access and benefits among the states and among the IOUs. We recognize that Iimitations facing BPA, including existing out of region contract sales, may make it difficult to achieve this level of access in the first five-year rate period. Consequently, some staging of access may be necessary and appropriate so long as the minimum level of 2200 aMW is met by 2006. Whatever staging occurs, the level of power for the 2001 to 2005 period should not be less than 1800 aMW. Our third principle recognizes the limitations BPA faces in federal power system capability. While we would much prefer federal system benefits delivered in the form of power, benefits in the form of cash could be substituted for a portion of the total allocated share of federal system benefits. Financial benefits should be calculated as the difference between a market-rate index and the cost of power from the federal system for equivalent power products. This calculation differs from the traditional "exchange credit" calculation which was based on the difference between an exchanging utility's average system costs and the cost of power from the federal system. We believe this change is important for three reasons. First, it focuses on Recommended Principles to Guide Subscription Ms. Judi Johansen August 27, 1998 Page 3 the magnitude of the economic benefits of BPA power rather than an attempt to equalize the cost of generation. Second, by defining the level of financial benefits as the difference between market and BPA's cost-based rate, the risk that any payments would be required if the cost of BPA power exceeds market prices is removed. Finally, the framework can accommodate different industry structures. Our fourth and fifth principles address the calculation of financial benefits. To the extent a portion of the federal system benefits are provided through cash, there should be no cap on the level of equivalent cash benefits. We believe appropriate smoothing mechanisms such as an index based on a twelve-month moving average can be used to reduce the level of risk associated with delivering benefits in a financial form. If a dispute arises as to the calculation of financial benefits, such disputes should be arbitrated by an independent third party. If possible, the calculation of the financial benefits themselves should be adjudicated by an independent third party. The calculation of financial benefits will inevitably be complex and subject to controversy and interpretation. We recommend that, if possible, the administration of the financial benefits be handled by an independent third party. At minimum, any dispute should be arbitrated by an independent third party. We believe such an approach will reduce the level of perceived risk of providing federal system benefits in the form of cash. Our sixth principle addresses the design of BPA power rates. As part of the subscription process, BPA should NOT preclude the use of tiered power rates. We do not advocate one way or the other for the use of tiered rates. However, we do believe that BPA should not be precluded from using tiered rates as a tool to manage the costs and risks it faces in meeting demands placed on the power system that may vary over time. The decision of whether or not to establish differential rates should be left to a consideration of products and appropriate pricing in a rate case. Our seventh principle involves conformance to the Federal Power Act. BPA pricing of transmission services should be done in a manner that is as consistent as possible with regulation applied to those utilities jurisdictional to the Federal Power Act. Recommended Principles to Guide Subscription Ms. Judi Johansen i August 27, 1998 Page 4 In order to promote a fair and competitive wholesale market, BPA should conform to the maximum extent possible to the Federal Power Act. This applies to pricing of transmission services, including the allocation of costs between BPA's power and transmission functions. Each business function should also bear its respective risk. We hope that the principles enunciated here will be a constructive contribution to BPA's development of a proposal for marketing federal system power.The state utility commissions look forward to reviewing your proposal to ensure that our common goal to spread the benefits of the federal'power system is met. Sincerely, Idaho Public Utilities Commission Oregon Public Utility Commission Dennis S. Hansen, President Ron Eachus, Chairman Ralph Nelson, Commissioner Roger Hamilton, Commissioner Marsha H. Smith, Commissioner Joan H. Smith, Commissioner Montana Public Service Commission Washington Utilities & Transportation Commission Dave Fisher, Chairman Nancy McCaffree, Vice Chair Anne Levinson, Chair Bob Anderson, Commissioner Richard Hemstad, Commissioner Danny Oberg, Commissioner William R. Gillis, Commissioner Bob Rowe, Commissioner Recommended Principles to Guide Subscription O regon Public Utility Commission 550 Capitol Street NE • x t •tiro-Go.amen Salem,OR 97310-1380 ! t (503)373-7394 August 25, 1998 Ron Eachus ger Hamilton 9ban H. Smith Chairman ommissioner mmissioner Recommended Principles to Guide Subscription J Z S P Y� J STATE OF WASHINGTON WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION 1300 S. Evergreen Park Dr. S.W., P.O. Sox 47250 • Olympia, Washington 98504-7250 (360) 753-6423 0 TTY (360) 586-8203 Anne Levinson Richard kHimstad PW�ifiam'R- illis Chair Commissioner Commissioner Recommended Principles to Guide Subscription By the Idaho Public Utilities Commission at Boise, Idaho this 24th day of August 1998. ENNIS S. HfiNSEN, PRESIDENT RALPH NELSON, COMMISSIONER MARSHA H. SMITH, COMMISSIONER RECOMMENDED PRINCIPLES TO GUIDE SUBSCRIPTION T" Montana Public Service Commission a Dave Fisher,Chairman 1701 Prospect Avenue Nancy McCaffree, Vice Chair PO Box 202601 Bob Anderson Helena, MT 59620-2601 Danny Oberg Telephone:(406)444-6199 Bob Rowe FAX#:(406)444-7618 DAVE FISHE , Chairman NAVC MCCAFFREIV, Wee Chair BOB ANDERSON, Commissioner DANNY OBER , Commissioner BOB RME, Commissi ner ATTEST: Kathlene M.Andcrson Commission Secrewy NOTE: RECOMMENDED PRINCIPLES TO GUIDE SUBSCRIPTION I Itility(�(1nSUmm r( mnlaintc• Rlln_RdR_F�cn e.. e,.,,-. e.�.,i,,,..,-,.... �..........._:.., By the Idaho Public Utilities Commission at Boise, Idaho this 24th day of August 1998. tiJ ENNIS S.-H.61SEN, PRESIDENT RALPH NELSON, COMNIISSIONER &L, , MARSHA H. SMITH, COMMISSIONER RECOMMENDED PRINCIPLES TO GUIDE SUBSCRIPTION RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to the sale of electricity generated at the federal dams on the Columbia River and its tributaries as proposed by the Bonneville Power Administration ("BPA"), and to the impacts of the proposed allocation on residential and small farm customers. WHEREAS, the Bonneville Power Administration ("BPA") is charged with selling all of the low-cost electricity generated at the federal dams on the Columbia River and its tributaries; and WHEREAS, under the Northwest Regional Power Act and other statutes, �. the BPA has an obligation to provide federal power benefits to Northwest investor-owned utilities serving residential and small farm customers; and WHEREAS, the BPA has stated that it will allocate its limited supply of post-2001 power supplies in a subscription process, and intends to sign those contracts as early as November 1998; and WHEREAS, the BPA estimates that public agencies, which are the BPA's preference customers, will take as much as 5,500 aMW of firm power; and WHEREAS, the BPA has indicated that as much as 1,000 aMW of firm power not taken by the preference customers will be available for direct service industries, such as aluminum companies, and the BPA further proposes to offer 1,000 aMW of non-fine (interruptible) power to the direct service industries for a total of 2,000 aMW; and 1 WHEREAS, in its own documents, the BPA acknowledges that it is not required to sell power to its direct service industries, but that it is statutorily obligated to provide the benefits of federal power to investor-owned utility loads serving residential and small farm customers; and WHEREAS,the BPA has limited the federal power benefits for Northwest investor-owned utilities serving residential and small farm customers to 1500 aMW, which is far short of the power needed to adequately neet the needs of 60% of the region's households served by these investor-owned utilities; and WHEREAS, every megawatt of BPA power diverted to the direct service industrial customers from these investor-owned utilities serving residential and small farm customers represents a failure of the BPA's obligation to the citizens of the Northwest;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. The foregoing recitals are incorporated and made fully a part of this resolution. SECTION Z For all the reasons stated above, the Kent City Council objects to the BPA's current allocation proposal and its attendant policy. SECTION 3. The Kent City Council requests that the BPA meet its statutory obligation and allocate all the benefits of federal power resources not taken by BPA preference customers to northwest investor-owned utilities serving residential and small farm customers. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington,this day of 11998. 2 CONCURRED in by the Mayor of the City of Kent this day of 1998. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER,CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 11998. (SEAL) BRENDA JACOBER, CITY CLERK PALAW\Pm 1 ton\HPA.doc 3 Kent City Council Meeting Date November 3 , 1998 Category Other Business 1 . SUBJECT: ADULT RETAIL ESTABLISHMENT MORATORIUM - RESOLUTION 2 . SUMMARY STATEMENT: Adult book stores, adult novelty, and adult video store establishments are doing business within the City of Kent whose stock and trade is devoted in whole or in part to adult entertainment merchandise as such is defined in the Kent City Code . There is a possibility that the City could receive applications for adult retail establishments that would significantly increase the amount of square feet of commercial space characterized by such uses located within the City. The Kent City Code relating to these establishments may not adequately address the impacts that these uses present ; there- fore, the City needs time to review existing information on the impacts of these facilities . State law authorizes cities to adopt moratoriums, provided a public hearing is held within sixty days of adoption. Staff is recommending passage of the resolution establishing a moratorium and the scheduling of a public hearing at the next council meeting of November 17 , 1998 . 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds passage of Resolution No . /5,_ iOimposing a moratorium on the acceptance of applications for and the issuance of any business license or any building, land use, or development permit, and further setting November 17, 1998 as the hearing date for a hearing on this matter before the City Council . DISCUSSION: ACTION: C- Council Agenda Item No. 7F RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to adult retail establishments; imposing a moratorium on the acceptance of applications for and the issuance of any business license or any building, land use, or development permit or approval for adult retail establishments. WHEREAS, the City Council, has previously determined, as set forth through findings in Ordinance Nos. 3214 and 3221, that adult entertainment uses cause negative secondary effects that are detrimental to the public health, safety, and general welfare of the citizens of Kent; and WHEREAS, there are adult bookstores, adult novelty, and adult video store establishments (hereinafter "Adult Retail Establishments") doing business within the City of Kent whose stock and trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, pre-recorded video tapes, disks, film, or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing, or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified anatomical areas, specified sexual activities, and sexual conduct as those terms are defined in the Kent City Code Section 5.10.030; and WHEREAS, there is a possibility that the City could, in the near future, receive applications for adult retail establishments that would significantly increase the amount of square feet of commercial space characterized by such uses located within the City; and 1 Retail Establishment Moratorium WHEREAS, the Kent City Code relating to adult retail establishments may not adequately address the various impacts that these uses present and the protection of the public health, safety, morals, and general welfare would be jeopardized by the establishment of adult retail establishments prior to adoption of new regulations by the City Council; and WHEREAS, other cities in the surrounding Seattle-Tacoma Metropolitan Region and elsewhere in the country have adopted ordinances regulating adult retail uses, based upon evidence of the negative secondary effects of such uses; and WHEREAS, the citizens of Kent would be well served if the City more fully addressed and understood the potential negative secondary effects, in the form of health, safety, economic, and aesthetic impacts these uses imposed upon neighboring properties and on the community as a whole; and WHEREAS, the City needs time to review existing information on the negative secondary effects of adult retail establishments and to review the Kent City Code in a comprehensive fashion to determine whether it sufficiently addresses the negative secondary effects of such uses; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt moratoriums provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, the City Council finds that the protection of the health, safety and welfare supports imposing a moratorium on adult retail establishments barring the acceptance of all applications for the issuance of any business license, or building, land use, or development permit or approval under the Kent City Code for adult retail establishments until additional review has been completed and any necessary code revisions have been adopted by the Kent City Council; and 2 Retail Establishment Moratorium WHEREAS, the Kent City Council understands that a portion or all of the . materials sold by adult retail uses may be protected by the First Amendment of the U.S. Constitution and/or Article I, Section 5 of the Washington State Constitution; and WHEREAS, the Kent City Council does not intend by this resolution to impermissibly infringe upon any parry's free speech rights; and WHEREAS, the purpose of this moratorium is to provide time in which the City Council may study its existing code, ordinances, and the negative secondary effects of such uses, during this moratorium period; determine whether any additional, reasonable regulation is necessary to mitigate the negative secondary effects; and prepare for adoption of suitable time, place, and manner restrictions narrowly tailored to regulate such retail establishments with the least restrictive means available;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: A SECTION 1. Recitals Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. Moratorium. Due to the findings set forth herein and as authorized pursuant to RCW 35A.63.220, the Kent City Council does hereby declare a moratorium upon the acceptance of applications for and the issuance of any business license, or any building, land use, or development permit or approval (including variances and rezones), or any other permit, license, or approval required to construct, install, relocate, or operate any adult retail establishment as defined in the Kent City Code or described in the recitals of this resolution. Further, during the pendency of this moratorium, no information or submissions on any pending applications for adult retail uses shall be accepted by City staff. SECTION 3. Duration. The moratorium established herein is established for a period of six months from the effective date of this resolution or until the effective 3 Retail Establishment Moratorium date of any ordinance establishing new regulations governing adult retail establishments, whichever is sooner, and during said moratorium, no business license and no building, land use, or development permit or approval shall be issued nor shall any such permit or license application be accepted for any adult retail establishment as defined in KCC 5.10. SECTION 4. Public Hearing. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or cancel the moratorium. SECTIONS. Staff Direction. During the moratorium, the City staff is directed to survey existing studies and evidence and identify any negative secondary effects that are associated with adult retail establishments; determine whether any mechanisms exist by which these effects may be mitigated; identify the least restrictive of these mechanisms; identify alternative, available areas within the City within which the City may provide a reasonable means to accommodate access to constitutionally protected material, if any; make recommendations to the City Council, or a subcommittee thereof, and if appropriate, concerning any necessary and appropriate legislation and or code amendment. SECTION 6. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 7. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 8. Effective Date. This resolution shall take effect and be in force immediately upon its passage. 4 Retail Establishment Moratorium PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 11998. CONCURRED in by the Mayor of the City of Kent this day of 1998. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER,CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 1998. BRENDA JACOBER, CITY CLERK PALA%Vgkdiw"1J=d m monbn.Am 5 Retail Establishment Moratorium )IfN Kent City Council Meeting Date November 3 , 1998 Category Other Business 1 . SUBJECT: RIVERBEND GOLF COURSE - DISCUSSION OF OPTIONS 2 . SUMMARY STATEMENT: As requested by City Councilmember Tom Brotherton at the City Council meeting on October 6 , discussion will continue on consideration of options for the Riverbend Golf Complex. 3 . EXHIBITS : Fact sheet outlining issues and resolutions 4 . RECOMMENDED BY: Staff and parks Committee (Committee, Staff , Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 7G RIVERBEND GOLF COMPLEX REVENUE SHORTFALL REPORT October 20, 1998 Background: Staff has been reporting to the Parks Committee that there will be a revenue shortfall at the Riverbend Golf Complex for 1998. Since the initial Parks Committee meeting in August, staff has worked with the golf operations manager from S.S.M.D. to find solutions to the shortfall. At the September Parks Committee meeting S.S.M.D proposed fee increases and capital renovations to resolve the issue. In early October staff reviewed the options with the Golf Advisory Board to determine their response to the proposed fee increases. The Golf Advisory Board voted to approve the proposed $2.00 per round fee increase at the 18-hole course and a $1.50 and $.75 fee increase at the Driving Range for large and small buckets of balls respectively. Current Situation: The proposed fee increase will not resolve the revenue shortfall for 1998. It is anticipated by S.S.M.D. that the fee increases will provide the necessary funds so that a shortfall will not occur in 1999. The golf complex generates the majority of its revenue in the months April through October. As a result of the 1998 shortfall, the golf complex will end the year with a deficit. 1998 Revenue Shortfall Resolution: ■ Transfer up to $140,000 from the Capital Improvement Program (CIP) to the golf operating budget to cover the green space bond issue. ■ Provide a short-term line of credit of$250,000 to the golf complex operating budget to cover the approximate $100,000 year deficit and provide funds for operating costs for January through May 1999. 1999 Resolution: ■ Increase green fees at the 18-hole course by $2.00 per round. ■ Increase Driving Range fees to $6.00 for a large bucket and $3.00 for a small bucket of balls. 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 OPERATIONS COMMITTEE MINUTES OCTOBER 6, 1998 COMMITTEE MEMBERS PRESENT: Judy Woods, Tim Clark, Sandy Amodt STAFF PRESENT: Norm Angelo, Kent Chatwin, Dena Laurent, Roger Lubovich, Brent McFall, May Miller The meeting was called to order by Chair, Judy Woods, at 3:29PM. Approval of Minutes of September 15, 1998 Committee Member, Sandy Amodt, made the motion to approve the minutes of the Operations Committee Meeting of September 15, 1998. The motion was seconded and passed. Approval of Combined Check-Detail Vouchers Dated 9/30/98 A correction to the vouchers was noted with a handout showing an added difference of$213.07. Committee Member, Tim Clark,moved to recommend the approval of the vouchers dated September 30, 1998 in the amount of$2,347,235.62. The motion was seconded and carried. 1998 Second Ouarter Small Loss Handline Report Ken Chatwin,Risk Manager, discussed the 1998 Second Quarter Small Loss Handling Report. Mr. Chatwin said he saw a trend for more vandalism throughout the summer with the possible reason the City's growth and there being more parks now. He also had seen a lot of different types of vandalism claims that he did not consider normal, as well as the regular vandalism that would be expected to happen all the time. Mr. Chatwin said the damage has been more serious than in the per• Sandy Amodt asked if vandalism was getting more serious in Earthworks Park. Mr. Chatwin said it seems to be getting more serious in that park. People have been burning wood in the Park for firewood. There has also been cult activity. He said that the City needs to be smarter about what type of materials and equipment is put in the parks so it will withstand vandalism as well as maintenance. Mr. Chatwin said the Parks Administration is doing that by using more metal construction and replacing deteriorating wood railing with metal railing. City Council Rules & Procedures - Resolution Brent McFall, Director of Operations, presented the changes in the Resolution for the City Council Rules & Procedures. Mr. McFall said the first change was to clarify a procedure at the beginning of a meeting by incorporating a period of time when the mayor or the president pro tem would ask for any changes, additions or deletions to the agenda. The rules would be amended to add to the agenda an item after the roll call titled"Changes to the Agenda". The Chair of the meeting would ask Council Members or members of the audience if there were any changes to be made to the agenda. If there were items to be added to the agenda, they would be added with the consent of the council. If objections were voiced to the item being placed on the agenda, the Chair would call for a vote of the council who would then determine whether to place it on the agenda, have staff review the item and report on it at a Committee meeting, or bring it before a future Council meeting. This would allow the Council to continue to have control over the agenda while still allowing an opportunity for input as to potential changes or additions. Another change dealt with the Committee Meetings. The rules currently reflect five standing committees and do not reflect the consolidation of the Public Works and Planning Committees. The Resolution combines the two committees into one. Other changes serve to clarify or to correct minor errors. Adoption of this resolution does not bind the Council to anything in the future but reflects the current practice,which can be revised as necessary. Committee Member, Tim Clark, asked for an amendment to strike the last line of Section 2 of the Resolution, which states that"No councilmember may serve consecutive terms as council president." Mr. Clark moved that the Operations Committee recommend to the council approval of the resolution relating to rules and procedures as amended, for the City Council, City Council Meetings, Council Committee Meetings, and further repealing Resolution number 1461. The motion was seconded and passed. Fire District#37 Transfer of Assets - Agreement Operations Manager, Brent McFall, informed the Committee that,when there is an annexation,the fire district must transfer to the City a proportionate share of their assets. The taxpayers of the fire district that are now residents of the City have been paying for the Fire District apparatus as tax payers in the fire district. Those assets are then taken which have been collectively paid for and transferred to the taxing entity to whom the people now pay their taxes. In the Meridian Valley annexation,just over 13%of the fire district's assessed value was annexed and therefore the City is entitled to just over 13%of their assets. A process of assessing value to the assets is done and after their value is determined, work is done with the district to identify assets that can be transferred to the city to satisfy that requirement. In this case,there are six pieces of fire apparatus and their related equipment. There is also a difference of$2,195.79 which the district will pay to the City in the form of a check. The full value of the assets transferred to the city from Fire District#37 is $483,577.63. Con-i.aruttee Member, Sandy Amodt,moved that the Operations Committee recommend to the Council authorization for the Mayor to sign the agreement accepting the transfer of assets from King County Fire Protection District#37 to the City of Kent. The motion was seconded and carried. WEDFA Action Apyroval—Resolution City Attorney, Roger Lubovich, told the Committee that two entities have applied with the Washington Economic Development Finance Authority for the issuance of non-recourse bonds for business to establish an aircraft laminate processing industry in the City. It is State policy that these bonds not be issued without approval of the local jurisdiction where this facility will be located. Since it will be located in Kent, the City must authorize the action by passage of the resolution, basically approving the location of the business in the City for the issuance of the bonds. Tim Clark moved that the Operations Committee recommend to the Council approval of the Resolution approving the action of the Washington Economic Development Finance Authority and the issuance of non-recourse revenue bonds to finance an economic development facility for Schober, IncNectra, LLC. The motion was seconded and carried. August 1998 Financial Report Finance Director, May Miller, informed the Committee that August was another good month for the City of Kent. She said revenues continue to be over budget 6.9% in the general fund and expenditures are continuing at about 3.3% under budget. That amounts to $432,265 over budget for revenues and $166,344 under budget for expenditures. Ms. Miller said her department was still working on the 1999 budget and are still balancing the transfers and getting the related costs for positions and allocations. From the General Fund revenue side, the property tax is almost right on budget. The year to date is $24,363 or 3% under budget. The October and November collection, which is the second big major property tax collection, is expected to recover that amount. Property tax historically has been 98- 99% of budget. Sales tax receipts were $86,000 over budget in September. That's a 7% increase over what was collected a year ago and the cumulative amount is 15.8% or a million and one half over budget in sales tax. However, there are 8 vendors that are one time only automation related vendors that have inflated this percentage. For the normal ongoing customers, the percentage is 1.1% over budget or only about$100,000. The Utility tax runs very close to budget at 1.2% over budget. The overage is probably related mainly to telephones as the City gets more and more telephones and makes more and more calls. US West will rebate money estimated at$210,000, which should affect the September report. Licenses and permits are at about 15%over budget or$109,000. With the new uniform codes and fees, it is estimated that licenses and permits will end the year at$152,046 over budget. Charges for the service category is over budget largely due to the continued building activity. Plan check fees are very strong and were already over budget at the end of August. They are expected to remain strong through the end of the year. The Capital Improvement Fund shows strong revenue and has been adjusted to reflect the projects approved through August. Sales tax revenue reflects the same trends as in the General Fund. Money has been designated for debt reserve and debt service for different issues leaving $3.8 million that still can be allocated towards projects next year. Golf operating revenues were actually over budget for the first time this year-1% or$4,200. It did not make a very significant dent in the shortfall which is now at$198,000. The meeting was adjourned at 4:05PM. PARKS COMMITTEE MEETING SEPTEMBER 15, 1998 COMMITTEE MEMBERS PRESENT: Judy Woods, Rico Yingling, Connie Epperly STAFF PRESENT: Barbara Ekstrom, Lori Flemm, John Hodgson, Roger Lubovich, Pete Petersen, Teri Petrole, Jackie Bicknell, Jim Stone MEMBERS OF THE PUBLIC: Norward J. Brooks, Joe Cox, Shirley Stone, Wayne Thueringer The meeting was called to order at 4:31PM by Chair, Judy Woods. Approval of Minutes of August 25, 1998 Committee Member, Connie Epperly, made the motion to approve the minutes of August 25, 1998. The motion was seconded and passed. Riverbend Golf Course Discussion Parks Director, John Hodgson, reviewed the shortfall in revenue that was noted in the second quarter operation report for the Riverbend Golf Complex presented at the August 25, 1998 Parks Committee Meeting. In that report, it was noted that a tremendous amount of work had been done to provide excellent programming at the golf facility. However, in spite of that,the complex was experiencing a shortfall in revenue with a continued projection of a shortfall until the end of the year. The request at that time was to come back to the Committee with some ideas of how to address those situations. Two reports were sent to the Committee with ideas to help solve the problem, one from the SSMD contractor and one from the Parks Department. Jim Stone, Riverbend Golf Complex Manager, gave the Committee a background summary of where things are at the present time. He said the shortfall for this year is $275,000, but there is a trend of improvement in the 3`d quarter of 2-3%. He associated the primary reason for the revenue shortfalls in the first two quarters as due to not considering the transition time from the old contract to the new contract. A second problem, said Mr. Stone, is that improvements are needed in the driving range. Dr. Norward Brooks talked about three solutions to deal with the problems. The first part would be to make netting corrections on the driving range; second, to increase green fees and add sales tax fees, and third, defer an imposed$140,000 obligation to the General Fund. Pete Petersen, Golf Course Superintendent of Maintenance, said that he and Mr. Stone had met with a representative from Driving Ranges, Inc.to look at possible solutions to stop errant golf balls from hitting the Colony Park Apartments. The solution they looked at was to install metal poles,which would go up above the existing net, and then to place another piece of net above the existing net. The poles are currently about 92 feet tall. Riverbend's competitor's poles are at 115 feet. The Course is looking at going to 125 feet, which would be a 35-foot gain in height. That plan would not require netting the entire side again, but just the portion above the existing netting. Mr. Petersen explained the need to meet with the people from Colony Park Apartments to see if this plan would be a viable option that they would be happy with. Right now the nets are effective for providing protection to them.' He said there is a fine line between creating safety for the neighbors and trying to provide a nice environment for the customers. Committee Member, Rico Yingling, asked which stalls are the ones that allow the ball over the net and how many stalls are impacted by netting. Mr. Petersen said the problem starts about a third of the way down the range, with the middle portion tending to be the most common area. There are 32 total stalls, and about 24 are impacted. Chair, Judy Woods, asked about cost. Mr. Petersen said he had only a rough estimate of costs and was not sure what engineering or permitting costs would be involved. He said that it depends on what Engineering determines is the amount of poles needed and the spacing requirements. Dr. Brooks said SSMD expected improvements to the driving range to be done between now and the first of the year. He said the estimated cost of the improvement is $115,000. Dr. Brooks reported that management is suggesting that the range ball fee be increased, with the small buckets at$3.00 and the large buckets at$6.00. This change would bring an estimated increase in revenue of$95,000. The rate increases would take effect in January after the range had been changed and improved. Dr. Brooks also suggested an increase to the 18 hole green fee of an added sales tax to the existing weekday and weekend fee. He said that most other courses do not include the sales tax in the fee charge and Riverbend's fee, which does include the sales tax, does not compare favorably because it appears to be higher than it is. In order to put the golf course in a position of not having to absorb any future sales tax increases,the council would need to move to automatically increase the green fees sales tax in the event of a sales tax increase. Adding sales tax on top of the green fee would bring an additional$145,000 in revenue. Dr. Brooks offered one other consideration of increasing the green fee by $2.00, which would bring an estimated increase in revenue of$128,000. John Hodgson explained that the fees are changed the first of November when the course goes to a winter rate. New rates would go into effect April 1, 1999. Fees have already been raised$3.00 this year. A$2.00 increase next year would bring a total increase of$5.00 over two years. Mr. Hodgson said that Riverbend is the finest municipal golf course with one exception,but wondered if golfers would pay the price. He said the fee increase proposal serves next year's projected shortfall and there still needs to be a way found to reduce this year's shortfall. He said one way would be to transfer the open space debt from the golf course to the CIP account. This year the course has spent about$85,000 of the annual capital budget and that could be charged back to the CIP fund as well. That would take up $230,000 of the problem. Dr. Brooks suggested covering the immediate cash needs by establishing a City inter-fund of $390,000. That amount would cover this year's shortfall of$275,000 plus the additional$115,000 for improvements to the driving range. The money would be used with the understanding that whatever the yield of the fund the money was taken from, the loan would be at least that amount so that the fund itself would be kept whole. Dr. Brooks asked to defer this year's debt payment. John Hodgson explained to the Committee that when the land was originally purchased for the golf course, it was purchased as open space. When it was decided to put a golf course there,the debt to pay off that bond for the open space was charged back to the golf course. A way to reduce some of the debt impact on the golf course is to charge that open space to the capital fund of the city and not the golf course. The golf course now pays that debt of $140,000 per year. Dr. Brooks clarified that they were asking for a deferment, not that the debt be forgiven. Rico Yingling voiced his concern about really knowing the customers and competitors. He saw the need to look at the other public courses as well as the municipal courses, and to know what customers are concerned about, who they are, where they come from, and what they think about the quality and service of the Riverbend course versus others. John Hodgson mentioned a phantom customer survey, which could be used to randomly survey golfers. He added that Riverbend has one of the largest men's clubs from which a lot of feedback is received. Quarterly meetings are held with the Men's Club. Judy Woods asked to consider proposals at the next Parks Committee Meeting so that the Committee can take some responsible action. John Hodgson stated that the range meetings with the Colony Park Apartment owners would proceed, and the Parks Department would look at engineering as well. Handball Court Relocation Lori Flemm, Parks Planning/Development Superintendent, shared a drawing and time line on the new handball court relocation. West Fenwick Park was identified as a possible site. The park is located on the West Hill of Kent with Reith Rd. to the South and 38`h on the West. The Parks Department has determined that three handball courts could be located there, built into the side of the hill. Consultants have looked at the site and feel it is a viable site. There has not been a technical investigation done yet as to the soils to determine whether they are adequate or what structural analysis would need to be done. There is good access to the site, restrooms, and drinking fountain, with the added benefit of tennis courts. Ms. Flemm said she would like to start the public process to get input into the location of the courts at West Fenwick Park. The Department would also work with an advisory committee to identify their concerns and needs as to this site selection. A tentative process to follow would be,in October, a first public meeting and meeting with the advisory committee to discuss issues, concerns, and technical design with the location at West Fenwick Park. Then a topographic survey/conceptual design would be done in November and December. In January, a consultant would be hired to prepare design development and construction drawings in order to get needed permits and bidding for construction of the courts. Hopefully, in May the bid would be awarded and construction could begin in May. Fifty days is the estimated length of time for construction, with the courts available for use in mid summer. Chair, Judy Woods, asked that this issue be brought back to the October meeting after Lori Flemm has met with the neighbors and the advisory committee to get issues and ideas. The meeting was adjourned at 5:28PM. PUBLIC SAFETY COMMITTEE MEETING MINUTES October 13, 1998 COMMITTEE MEMBERS PRESENT: Connie Epperly, Chair, Sandy Amodt, Tom Brotherton STAFF PRESENT: Jed Aldridge, Brian Dodge, Roger Lubovich, Tamara Cline, Jackie Bicknell, Dave Everett PUBLIC PRESENT: Sheryl Hughes The meeting was called to order at 5:05 PM by Chair, Connie Epperly. There was one addition to the agenda, Stop Signs on 5`h Ave. Approval of Minutes of September S. 1998 The motion was made to approve the minutes of September 8, 1998 by Committee Member, Tom Brotherton. The motion was seconded and passed. Helmet Day Brian Dodge, Kent Fire Department, Local 1737, shared with the committee that statistics show the Kent area to have the highest incidence of head injuries related to bicycle crashes in King County in the last two years. The records also show that age 14 years and younger are the most effected. From January to May, 1998 there were 37 injuries related to bicycle accidents in the Kent Fire Department response area. Forty-four - percent of those 37 people were 14 years or younger. Mr. Dodge said that statistics show there is an 80% reduction in head injury when a person wears a bicycle helmet and an 88% reduction in brain injury. Mr. Dodge said he wanted to give back to the community and came up with a vision and goal to provide 1,000 properly fitted helmets to children in the Kent response area that are 15 years of age or younger. There are approximately 11,000 children in that age range in the Kent school area. Kent Firefighters Local 1737,the Police Guild, the Police Benevolent Fund and King County Corrections would be involved in the program. Mr. Dodge felt people would more easily accept a new ordinance of wearing helmets as mandatory after involvement with the program. He said the plan was to brief the Public Safety Committee and then establish a Helmet Committee from the labor units. The committee would develop a plan to present to Fire, Police, Corrections, and the Public Safety Committee, and would request participation and establish a level of involvement. Mr. Dodge said a site would need to be determined, and the acquisition of donations for support. The target date for Helmet Day is May, 1999. Research data shows that if kids receive helmets in early spring, they will develop a habit of wearing them before summer when the majority of bicycle injuries occur. Tamara Cline, from the Kent Police Department, spoke about Bike Rodeos. She said the Police Department does not originate bike rodeos, but works in conjunction with other organizations that put on rodeos. Ms. Cline said she provides materials and information. One organization that she gathers a lot of information from, and to which other organizations can go for information, is the Cascade Bicycle Club. This last summer Ms. Cline worked closely with the Kent Youth & Family Services organization when they had a Bike Rodeo at the Valley Kee Housing area. The Police Department helped by providing a Safety Fair for the community, reaching between 400-500 people. Chair, Connie Epperly, asked City Attorney, Roger Lubovich, about extending the ordinance to roller bladers and skateboarders. Mr. Lubovich cited recreational immunity for recreational facilities but said expansions to the other areas could be looked at. He said he is currently working on a bicycle helmet ordinance with the purpose to encourage people to wear helmets. Failure to wear a helmet could result in a civil fine of$25, but the court would be authorized to waive the fine if the person has had no other citations within one year. The waived fine money could be spent on purchasing a helmet. Connie Epperly asked for clarification on whether the State or County laws cover the City. Mr. Lubovich said that the City would need its own ordinance. Committee Member, Sandy Amodt, asked Brian Dodge why Kent had the highest rate of bicycle injuries. Mr. Dodge said he didn't have any data, but felt that the Kent community is a very young community with a lot of younger kids and a lot of latchkey kids that are unsupervised. Tamara Cline said that Kent has a large number of bicycle pathways in the City that attract weekend bicyclists to the area adding to the number of cyclists on the roads. Ms. Amodt asked if there was a plan to make the major roadways and bike paths safer for people. Tamara Cline said some areas have been targeted for that purpose. On the State level, Highway 99 is a target area, and the DOT has contacted her department regarding Kent Kangley at 132d because it is a high accident location. Statistics are also being compiled for 104d`and 240d', which is one of the most accident-prone intersections in the City. Tom Brubaker suggested considering in the ordinance additional warning signs to advise people about the helmet law. Connie Epperly said another idea is to have the Fire and Police Departments give ice cream coupons to kids who are wearing bicycle helmets as positive input. Children who do not have helmets can be given certificates to receive helmets. Senior Blood Pressure Program Grant Assistant Fire Chief, Jed Aldridge, informed the Committee that the Fire Department had applied for and received a$5,000 grant from Safeco Corporation for a Senior Blood Pressure Program. He said the City has very aggressively tried to attract the senior population with the senior housing units. Mr. Aldridge said seniors are sometimes asked by their doctors to monitor their blood pressure and will go to the Fire station to have that done if they can, but for many it is really inconvenient. Within one month after receiving the grant money, Mr. Aldridge said, 15 blood pressure machines will be purchased. These machines will have a printed readout of date, time, blood pressure, and pulse so the seniors will have a record to keep. The program will be self-sustaining and will incorporate printed materials of fire safety messages that will be presented to the - seniors. The Department is looking to train volunteers in the community to take the printed material and to provide blood pressure monitoring. Within six months after receiving the grant, Mr. Aldridge hoped to have volunteers taking blood pressures. Sandy Amodt moved that the Public Safety Committee recommend to the Council that the grant funds received from the Safeco Corp. in the amount of$5,000 be accepted, and that the Fire Department be authorized to apply said funds toward the purchase of blood pressure equipment and educational materials to institute a senior blood pressure program. The motion was seconded and passed 3-0. Stop Signs on 5`h Avenue Committee Chair, Connie Epperly, informed the Committee that Rachel Street and Crow Street both attach to 5`h Avenue with a tot lot in-between them and no stop signs. Ms. Epperly said there are apartments at the end of the street that like to use 5'h Avenue as a drag strip. Citizen, Sheryl Hughes, 614 5`h Ave. South, said the area was a high traffic volume area and on rainy days people fly around the comer taking a left from Crow to 5`.h Ave. She thought it would be only a matter of days before a car would end up in the tot lot or someone's yard. A stop sign at Crow facing the tot lot would deter that. She said there are no stop signs at any of the cross streets on 5`h except at 5`h and Willis. She said there have been some really close calls at the tot lot. Tom Brotherton asked if there were sidewalks along 5'h Avenue. Ms. Hughes said there are sidewalks on the opposite side of the street from the tot lot but no crosswalks to use to go across the street to the tot lot. Mr. Brotherton asked if stop signs would be appropriate on 5'h itself or to stop traffic coming off the cross streets onto 5`h. Ms. Hughes felt the best place would be on the cross streets. Connie Epperly said that, since 5`h Ave. is a dead-end street, she would like to see a traffic circle put there. She said trucks come in on 4`h and end up on 5`h, not seeing the dead-end sign, so there are big semi-trucks going backwards right in front of the tot lot. Roger Lubovich said he would talk to Don Wickstrom, Director of the Public Works Department, to inform him of the issue so the department could look at the options and come up with some ideas to bring to the next Public Works/Planning Committee. The meeting was adjourned at 5:45PM. CONTINUED COMMUNICATIONS A. A EXECUTIVE SESSION A) Potential Litigation B) Property Acquisition