The URL can be used to link to this page

Home My WebLink AboutCity Council Meeting - Council - Agenda - 03/21/2000 City of Kent City Council Meeting Agenda CITY OF �� F=� 1 � Mayor Jim White Counciimembers Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling March 21 , 2000 Office of the City Clerk CITY orElio4T SUMMARY AGENDA KENT CITY COUNCIL MEETING „ , tom March 21 , 2000 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 A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS D A. Proclamation - CASA Cares Month 5 . PUBLIC HEARINGS None 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Kent Chamber Freight Mobility Systems Improvement Project - Authorization D. 42nd Avenue S . Boundary Project - (0r�-nance J" E . Dewatering Pump - Purchase & Installation F. ValleyCom Interlocal Agreement - Authorization G. ValleyCom - Creation of . Public Development Authority to Finance New Facility . Resolution 7 . OTHER BUSINESS A. Hazardous Substance Zoning Code Amendment - Diesel Fuel Tanks - , Ordinance - D� 8 . BIDS None 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION A. Property Acq sition �) c1c t-y— 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 Clerk's Office in advance at(253)856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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 - CASA Cares Month CONSENT CALENDAR 6 . City Council Action: Councilmember &JVy moves, Councilmember seconds that Consent Calendar Items A through G be approved. Discussion Action An!, 6A. Approval of Minutes . Approval of the minutes of the regular Council meeting of March 7, 2000 . 6B. Approval of Bills . Approval of payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 7, 2000 . Approval of checks issued for vouchers : Date Check Numbers Amount 2/28/00 230948-231206 $ 624, 994 . 61 2/28/00 231207-231594 1 , 671 , 923 .21 $2 , 296, 917 . 82 Approval of checks issued for payroll of February 29 and paid on March 3 , 2000 : Date Check Numbers Amount 3/3/00 Checks 242205-242512 $ 245, 247 . 74 3/3/00 Advices 91994-92699 891 , 113 . 19 $1, 136, 360 . 93 Council Agenda Item No. 6 A-B Kent, Washington March 7, 2000 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present : Councilmembers Amodt, Brotherton, Clark, Epperly, Orr, Woods and Yingling, Operations Director McFall, City Attorney Lubovich, Public Works Director Wickstrom, Parks Director Hodgson and Finance Director Miller. Approximately 25 people were in attendance . The flag salute was led by the Scenic Hill Campfire Girls . CHANGES TO Mayor White added Item 4E, Legislative Update, and THE AGENDA Item 7A, 196th Street Corridor Project . Hugh Leiper asked the Council to hold a meeting devoid of politics and time constraints to discuss downtown and find a way to make it commensurate with industry in the valley. PUBLIC Absolutely Incredible Kids Day. Mayor White read COMMUNICATIONS a proclamation noting that Camp Fire Boys and Girls is commended for the valuable programs offered to young people in the City of Kent and throughout the nation, and for the many services they perform in their communities, and proclaimed March 16, 2000 , as Absolutely Incredible Kids Day in the City of Kent . He declared all the children of Kent as absolutely incredible kids . Census 2000 . Mayor White noted that the United States Government counts all citizens every decade for purposes of representation and that the City and the Census Bureau have worked together to ensure a true and accurate count of Kent residents which will reflect the diversity and growth of the community. He proclaimed the month of March as Census Awareness Month and called upon all citizens to complete their census forms and return them promptly. Carolyn Sundvall of the Planning Department explained why it is important to participate and outlined the programs which are funded through the census . Employee of the Month. The Mayor announced that Tom Iverson, Video Technician/Maintenance Worker IV in the Sewer Department, has been selected as 1 Kent City Council Minutes March 7, 2000 PUBLIC the Employee of the Month for March. He noted COMMUNICATIONS that Iverson is responsible for keeping thirteen pump stations operating at optimum efficiency, and for making sure pipelines are properly installed and that there are no obstructions in the lines . He offered his congratulations and noted that Iverson could not be in attendance tonight . Arts Commission Grant Recipients Recognition. Mayor White, Parks Committee Chair Woods and Prog- ram Manager Ronda Simons presented Certificates of Appreciation to the following Arts Commission grant recipients : African American Cultural and Convention Center, Kent Downtown Partnership, Kent Public Market, Kent Senior Activities Center, Kent Parks Department Specialized Recreation, Northwest Renaissance Poets, Performers and Publishers, Inc . , Rainier Chorale, and Rainier Symphony. The Mayor thanked the grant recipients for their contribution to the city. ADDED ITEM 4E Legislative Update. Government Affairs Manager Dena Laurent briefed the Council on happenings in Olympia last week. She explained the status of transportation funding and the ten-year property tax abatement for high density housing and in urban centers . CONSENT ORR MOVED that Consent Calendar Items A through K CALENDAR be approved, with the exception of Item D which was removed by Councilmember Amodt . Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . Approval of the minutes of the regular Council meeting of February 15, 2000 . HEALTH & (CONSENT CALENDAR - ITEM 6E) SANITATION Cricket Business Center Bill Of Sale. ACCEPT the Bill of Sale for Cricket Business Center submitted by Cricket Business Center, LLC for continuous operation and maintenance of 25 feet of watermain improvements, and 501 feet of street improvements 2 Kent City Council Minutes March 7, 2000 HEALTH & as complete and release bonds after the expiration SANITATION period, as recommended by the Public Works Director. The project is located at 25101 84th Avenue South. (CONSENT CALENDAR - ITEM 6F) Alderbrook Apartments Bill Of Sale. ACCEPT the Bill of Sale for Alderbrook Apartments submitted by Alderbrook Apartment Associates, LLC for con- tinuous operation and maintenance of 1, 119 feet of watermain improvements, 1, 175 feet of sanitary sewers and 645 feet of street improvements as complete and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at 412 East Novak Lane . (CONSENT CALENDAR - ITEM 6G) Mallory Meadows (Meridian West) Bill Of Sale. ACCEPT the Bill of Sale for the plat of Mallory Meadows (Meridian West) submitted by Hearthside Homes, Inc . for continuous operation and mainte- nance of 941 feet of watermain improvements, 3 , 060 .4 feet of sanitary sewers, 791 feet of street improvements and 945 feet of storm sewers as complete and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at 132nd Avenue S .E. and S .E . 265th Street . (CONSENT CALENDAR - ITEM 6H) Nancy' s Grove Div. II - Phase I & Nancy' s Grove Div. III Bill Of Sale. ACCEPT the Bill of Sale for the plat of Nancy' s Grove II - Phase I & Nancy' s Grove III submitted by Stafford Construction, Inc . for continuous operation and maintenance of 1, 386 . 25 feet of street improvements and 1, 270 feet of storm sewers as complete and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at S . E. 278th Street between 152nd Avenue S . E . and 144th Avenue S . E. 3 Kent City Council Minutes March 7, 2000 TRANSPORTATION (CONSENT CALENDAR - ITEM 6C) LID 351, S . 277th Corridor. ADOPTION of Ordinance No. 3503 establishing the Final Assessment Roll for LID #351 and setting Wednesday, April 12th at 1 : 00 p .m. as the Public Hearing date and time. This ordinance also authorizes the members of the Public Works Committee to sit as the Board of Equalization on this LID and ratifies and confirms prior City actions that are consistent with this ordinance . The Board will issue findings and conclusions on the matter and forward the assess- ment roll to Council for final action and approval . (OTHER BUSINESS - ITEM 7A) (ADDED ITEM) 196th Street Corridor Protect (West Valley Highway to East Valley Highway) . Wickstrom explained that the Transportation Improvement Board has offered the City a grant in the amount of $1, 812, 440 for construction of the road portion of the project . He noted that this item went to the Public Works Committee on March 6th, who recommended that the Mayor be authorized to sign the grant and adjust the budget accordingly. YINGLING SO MOVED. Epperly seconded and the motion carried. PLAT (CONSENT CALENDAR - ITEM 6I) Erin Glade Final Plat #FSU-98-6 (KIVA #9902331) . APPROVE the staff ' s recommendation of approval with conditions of the Erin Glade Final Subdivision and authorize the Mayor to sign the final plat mylar. The final plat application was submitted by Shamrock Development for the Erin Glade Final Subdivision. The Hearing Examiner issued the Findings with conditions on the preliminary plat on December 3 , 1998 , and the City Council approved the preliminary plat on January 19, 1999 . COMPREHENSIVE (CONSENT CALENDAR - ITEM 6K) PLAN & ZONING Comprehensive Plan And Zoning Amendments. AMENDMENTS ADOPTION of Ordinance No. 3504 relating to 1999 Comprehensive Plan Amendments CPA-99-3 (B) ; 4 Kent City Council Minutes March 7, 2000 COMPREHENSIVE (CPA-99-3 (C) ; CPA-99-3 (G) ; CPA-99-3 (H) ; and PLAN & ZONING CPA-99-3 (I) ; and adoption of Ordinance No . 3505 AMENDMENTS relating to Zoning Map changes CPZ-99-2 ; CPZ-99-3 ; CPZ-99-8 ; and CPZ-99-9 . These ordinances would amend the comprehensive plan' s land use map designations and zoning map designations of parcels of property more specifically identified in the ordinances, as well as amend the Capital Facilities Element of the Comprehensive Plan CPA-99-3 (J) . Items CPA-99-3 (A) and CPA-99-3 (D) were tabled at the Council ' s February 15 , 2000, meeting and referred to committee for further consideration. PARKS (CONSENT CALENDAR - ITEM 6D) (REMOVED BY COUNCILMEMBER AMODT) Year 2000 Revised City Art Plan. The Parks Director and the Parks Committee recommend acceptance of the revised 2000 City Art Plan. The Kent Arts Commission revised the 2000 City Art Plan to accommodate budget revisions from Initiative 695 which required the Visual Arts Coordinator ' s salary be paid through the City Art Program, Ordinance No . 2552 . For this reason, funds for art were reduced and the administrative budget increased. The five-year art plan is in the process of being revised as well , and will be submitted for approval at a later date . Amodt expressed concern about the necessity of spending money on the performing arts center before the voters have approved the operation of the center. McFall explained that the funding for art at the performing arts center was identified in the 1999 plan and would only be expended when there is a project . Woods added that the funding has been previously approved and Parks Director Hodgson noted that these funds would be expended during design of the structure . Amodt noted that in 1999 she voted against the project, based on where funding would come from. WOODS MOVED to accept the Year 2000 Revised City Art Plan. Orr seconded. Woods noted that this item came out of committee with a 3-0 vote, that it is not a new 5 Kent City Council Minutes March 7, 2000 PARKS issue, and that this is a creative way to spend art money. Joe Rubio, 3831 S . 248th, representing others who could not attend this meeting, suggested passing an ordinance saying there will be no further funding for the performing arts center until the citizens vote on it . He said he has nearly 1500 signatures of people who do not agree with the prioritization of the city, but would not submit it . Martin Plvs, 3004 S . 256th, spoke in opposition to the performing arts center, and pointed out that Councilmember Epperly is employed at the Kent Public Market . Ted Kogita, 25227 Reith Road, opined that the city is going about the art process backwards . George Smith, 9505 S . 241, suggested that the Council put this issue to a vote of the public . Woods ' motion to approve the Year 2000 Revised City Art Plan then carried, with Amodt opposed. At the Mayor' s request, McFall clarified that the Kent Public Market is not operated by the City and that Epperly' s employment is not a conflict of interest . He explained the relationship between the Market and the City, as well as the funding. He outlined the City' s long-standing policy of setting funds aside for public art . FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on February 15, 2000 . FINANCE A-pproval of checks issued for vouchers : Date Check Numbers Amount 2/15/00 230327-230556 $ 956, 574 . 96 2/15/00 230557-230947 1 , 011 , 253 . 86 $1, 967, 828 . 82 6 Kent City Council Minutes March 7 , 2000 FINANCE Approval of checks issued for payroll of February 15 and paid on February 18 , 2000 : Date Check Numbers Amount 2/18/00 Checks 241890-242204 $ 276, 738 . 00 2/18/00 Advices 91381-91993 901 , 940 . 47 $1, 178, 678 .47 APPOINTMENTS (CONSENT CALENDAR - ITEM 6J) Human Services Commission Reappointment Of Council Representative. REAPPOINT Tom Brotherton as the non-voting Council Representative to the Human Services Commission. His new term will expire on January 1, 2001 . REPORTS Public Safety Committee. Epperly noted that the next meeting will be held at 5 : 00 p .m. on March 14 . Planning Committee. Brotherton noted that at the next committee meeting on April 3rd at 5 : 00 p.m. , a meeting will be scheduled for community input on urban separators . He added that information on the issue is available in the Planning Department . Parks Committee. Woods noted that the committee will meet at 4 : 00 p.m. on March 14 . Administrative Reports . McFall explained that the bid amount for the Downtown Campus Standby Generator was incorrectly reported at a previous Council meeting and that the correct amount is $550 , 993 . 00 plus tax. He clarified that Washington State Sales Tax had inadvertently been included twice . ADJOURNMENT The meeting adjourned at 7 :42 p.m. Brenda Jacober, CMC — City Clerk 7 _�N -- Kent City Council Meeting Date March 21 , 2000 Category Consent Calendar 1 . SUBJECT: KENT CHAMBER FREIGHT MOBILITY SYSTEMS IMPROVEMENT PROJECT - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the City to increase its participation in the Freight Mobility Systems Improvement Project to $30 , 000 and authorize increased funding to be transferred from the 2000 Street Fund budget . 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc . ) S . 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. 6C DEPARTMENT OF PUBLIC WORKS March 6, 2000 TO: Public Works Committee FROM: Don WickstroQ11\\ RE: Kent Chamber Freight Mobility Systems Improvement Project Councilman Yingling has asked that this item be placed on the agenda. If you well recall the subject project was to review how freight system works in the state with the intent of reducing waste and delay therein via non structural options. The city was one of many public and private sponsors of the project. To date the city has contributed $20,000 towards the project. Recently the chamber submitted a bill for additional $10,000 which we denied as having already fulfilled our original $20,000 obligation. $10,000, however, does exist within the approved 2000 street fund budget. Its present we believe is attributed to an accounting over site rather than a departmental or Administration recommendation as neither were aware of any additional funding request at the time of budget preparation. As such for us to spend same we believe it would be appropriate to have the full council concur thereon. MOTION: Recommend to full council that the city increase its participation in the Freight Mobility Systems Improvement Project to $30,000. \\ �a A/I Kent City Council Meeting Date March 21 , 2000 Category Consent Calendar 1 . SUBJECT: 42ND AVENUE S . BOUNDARY PROJECT - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. , authorizing the adjustment of boundaries on 42nd Avenue South to remove a small "island" of King County jurisdiction along a short, half-street portion of that road. This situation occurred because the former Kent "McCann" Annexation boundary extended to the center of that street, but the boundary of the Sea-Tac incorporation only extended to the edge of the street, leaving jurisdiction with King County on the remaining half- street portion of the road. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Works 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 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to modification of boundaries by 42"d Avenue South to remove King County's jurisdiction in that portion of the affected roadway, pursuant to RCW 35A.21.210. WHEREAS, on October 5, 1970, the City of Kent passed Ordinance No. 1681, attached and incorporated as Exhibit"A,"enacting its"McCann Annexation,"which was located generally west of the Green River and included portions of 42"d Avenue South, north of South 216`h Street and south of South 212'h Street; and WHEREAS, on January 9, 1989, King County, passed its Ordinance No. 8820, attached and incorporated as Exhibit `B," which approved the incorporation and established the city limits of the City of Sea-Tac, subject to an election approving that incorporation; and WHEREAS,the legal descriptions of the City's"McCann Annexation" and the City of Sea-Tac's incorporated boundaries did not meet in the vicinity of 42"d Avenue South, north of South 216`h Street and south of South 212`h Street, leaving a half-street segment of 42"d Avenue South still within the jurisdiction of King County; and 1 42"d Avenue South Boundary Revision WHEREAS,RCW 35A.21.210 provides a method for the City of Kent and King County to modify this boundary to remove King County's jurisdiction over this portion of 42"d Avenue South and to convey that jurisdiction to the City of Kent; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. In order to simplify jurisdictional issues as well as the ongoing maintenance of 42"d Avenue South, the City of Kent hereby expresses its intent to fully include the full width of 42"d Avenue South within the boundaries of the City of Kent. A description of that portion of 42"d Avenue South that still remains within the boundaries and jurisdiction of King County is attached and incorporated as Exhibit"C." SECTION 2. The Mayor is authorized to enter into any agreements or perform any other acts necessary to complete this revision of the City's corporate boundary along 42"d Avenue South, so long as consistent with the intent of this ordinance and RCW 35A.21.210. SECTION 3. — Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. —E fective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law. JIM WHITE, MAYOR �1 2 42"d Avenue South Boundary Revision ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED: day of 2000 APPROVED: day of 2000. PUBLISHED: day of 2000. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordmana`d3WAreSeutMBowMay0.erivion.do. 3 42"d Avenue South Boundary Revision ;ant by: Polygon 425 709 6975; 01 /24.140 11 :31AM• ( ,JftffA #940;Page 2/10 ,;•�._ 1, -�� ., ��, ._.:s .... .....S:.i e1L 1fC.(lJ @:il l � •• I'� ,.. ORDINANCE NO._I Yl Reco S"'t''�• : a [L;. 2 K1Na 3 AN ORDINANCE of the City of Kent, Wash- ington, annexing to the City certain lands 4 contiguous thereto and commonly referred to as the "MCCANN ANNEXATION". , 5 B WHEREAS, in accordance with RCW 35 A.14 of the Laws of the 7 State of Washington the owners of not less than seventy-five (75%) percent in value accordingto the assessed valuation for general �•; taxation of certain lands situated in King County, Washington, o gand more particularly described hereinafter. in this ordinance, 10 filed with the City Council of the City of Kent, Washington, their petition in writing to have annexed to the City the_said described =� 11 rhe d, and 12 WHEREAS, in accordance with RCW 35A. 14 of the Laws of 13 State of Washington various proceedings were had, and 14 WHEREAS, notice of intention to annex was filed with the King County Boundary Review Board and whereas no request for review 15 by any person was received by the Board and the Board did not on its 16 own motion invoke jurisdiction, then in accordance with RCW 36.93.1 a 17 of the Laws of the State of Washington, said notice of intention to annex was deemed to be approved as of September 8, 1970 , and 18 WHEREAS, thereafter public hearings were held on said 19 annexation pursuant to proper notices therefor before the Kent 20 City Council, and ' WHEREAS, it appears to the City Council of the City of 21 Kent, Washington, that said annexation meets the requirements 22 specified by law, the procedures from the filing with the City of 23 Kent by the requisite number of property owners of their notice o£ intention to commence annexation proceedings, to and including 24 the consideration of the passage of this ordinance also meet the 25 requirements specified by law and the lands sought to be annexed 25 are contiguous to the City of Kent and have not heretofore been incorporated in or as a City or Town, 27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, 28 WASHINGTON, DO ORDAIN AS FOLLOWS: 29 Section 1. That there shall be annexed to the City of Kent, Washington, the following described lard situated in the 30 -1- Emor Sent by: Polygon 425 709 b9/b; 01/2& 10 11 :31AM',]e[Fa: 9940;Page 3/10 - 1 County of King, State of Washington, to-wit: 2 That portion of Section 10, Township 22, North Range 4 E.W.M. , and Section 11, 3 Township 22, North Range 4 E.W.M. in King county defined as follows: � 4 Beginning at the center of section 10 being O 5 the True Point of Beginning of property here- in described, thence North along the center ( j 6 line of 42hd Avenue South as defined by King u� 7 County Survey Number "1058A" to its inter- M1 section with the North-South center section line of said section 10. Thence North along 8 said center section line to the North margin of South 212th Street; Thence South and East 9 along said North margin to the Bast margin of Russell Road, thence Southerly along maid 10 East margin to a point of intersection with the East line of Section 10 thence North along 11 said East section line to the East one quarter corner of section 10 thence West along the 12 East-West center section line of Section 10 13 to the True Point of Beginning. 14 section 2. That the property hereby annexed shall be assessed and taxed at the same rate and on the same basis as other 15 property within the City of Kent is assessed and taxed to pay for _ 16 y outstanding general indebtedness of the City to which the area 17 as annexed and which was contracted prior to or in existence at he effective date of this annexation. 18 Section 3. That upon the 16th day of November, 1970, 19 he annexation of said property will become effective and said 20 roperty shall become a part of the City of Kent, subject to all f the laws and ordinances of the City then and thereafter in 21 ffect except as otherwise provided by law. 22 Section 4. Notice is hereby given that as of the 23 ffective date of this annexation all franchises or permits here- ofore granted to any person, firm or corporation by the State of 24 lashington, or by the governing body of the annexed territory, 25 uthorizing or otherwise permitting the operation of any public 26 ransportation, garbage collection and/or disposal or other similar ublic service business or facility within the limits of the annexed 27 erritory are cancelled; but the holder of any such franchise or 28 ermits herewith cancelled are herewith granted by the City of Kent 29 he franchise to continue such business within the annexed territory or a period of five (5) years from the effective eate_ of this 30 nnexation. -2- tent by: Polygon _ 425 709 6975; 01 /24100 11 :32AM;Je[Faz g940;Page 4/10 c _ 1 Section 5. Within thirty (30) days from the passage, . 2 approval and publication of this Ordinance as provided by law, the ity Clerk of the City of Kent shall under the directions of the 3 ay or of the City of Kent determine the resident population of the d unnexed territory which population determination shall consist of u., 5 l actual enumeration of the population which shall be made in eeordance with practices and policies and subject to approval of 6 he Planning and Community Affairs Agency of the State of Washing- 7 on and which population shall be determined as of the effective n e ate of annexation as specified in this Ordinance. Section 6. Within thirty (30) days after the effective 9 ate of the annexation referred to in this ordinance, the City Clerk 10 f the City of Kent shall prepare a certificate signed by the Mayor 11 d attested by the City Clerk in such form and containing such nformation as shall be prescribed by the Planning and Community 12 ffairs Agency of the State of Washington and said City Clerk shall 13 hereafter submit said certificate in triplicate to the Planning 14 nd Community Affairs Agency of the State of Washington, along with e population determination of the annexed area as above set forth, 15 nd further,along with a legal description and a may showing speci- 16 ically the boundaries of the annexed territory. 17 Section 7. This ordinance shall take effect and be in orce five (5) days from and after its passage, approval and publi- iS ation as provided by law and subject to the provisions of Section 3 19 iereof. - 20 21 22 ISAB L VOGAN, ItAYOR - 23 TTEST: 24 25 L�RIE JENSEN, qrt C er 26 PRQVED AS TO FORM: 27 28 •ti�. n-JL �, � LD E. MI , City Attorney 29 30 -3- enL oy. rulyyun +u ,va w..., .,arc .•. 1 2 Passed the ,S _ day of October, 1970. 3 pproved the Li,E - day of October, 1970. 4 ubliahed the aek. day of October, 1970. v 5 CD I hereby certify that this is a true copy of ordinance 7 0. /(fig passed by the City Council of the City of Rent e and approved by the Mayor of the City of Rent as hereon indicated. r` 9 IO �rr�� (SEAL) 11 MARIE EN C ty er . 12 13 1 r. 14 Z,rF..7dtl07} a 15 r�a,�j1^•�, 16 17 - ' 18 19 20 21 22 23 24 25 26 27 29 29 30 Sent by: Polygon 425 709 6975; O1 /24/M 11 :32AM;JetFa= #940;Page 0/10 R ecelvea: 72/29/99 77 :27Ap^ -> POLYGOn O THWEST; Page 1 k 1 Oec-29-99 11 : 20A e_�i;•' •� P . Ol , January 4 , 1989(2) Introduced by: Nickels/84rden 2193C/hdm:mis , 1 Proposed No . : 89-32� 2 3 ORDINANCE N0, 8820 i 4 AN ORDINANCE establishing the date for an election to determine whether an area Y s known as Sea-Tac shall be incorporated o@g as a non-charter code City . �3 6 PREAMBLE: 7 Pursuant to the provisions of Chapter 35A,03 of the Revised Code of Washington, a petition for incorporation as a s non-charter code city, signed by Qualified voters resident within the limits of the proposed city equal in number to ten g eP 9 percent of the votes cast in the proposed area at the last a` a preceeding general state election has been presented to the 10 Records and Elections Division. 7i The petition for incorporation states: that the form of government under which the proposed city will operate in the ` 1 12 event it is incorporated shall be Council -Manager, sets forth we the proposed boundaries of the proposed corporation , states 13 that the name shall be the City of Sea-Tac and that the number z 9 of inhabitants therein as nearly as may be, is 38,000 and pray 14 that it may be incorporated. u- s is The Superintendent of Elections has determined that the petition for incorporation does not violate the prohibitions a F Q F LL 16 contained in RCW 3SA_03.101 with regard to number of inhabitants and that there are a sufficient number of val "� 17 signatures an the petition. 1B Pursuant to the provisions of RCN 36 .93 .100 the Boundary Revie Board (ERB) invoked jurisdiction and in accordance with RCW 19 36.39. 160 on December 8, 1988, filed its written decision approving with modifications- the proposed incorporation. No 20 appeal has been filed. 21 Pursuant to Chapter 29.13.010 and RCW 35 .02.078, the council deems 'an emerg.ency exists for purpose of calling a special 22 election. 23• BE IT ORDAINED BY. THE COUNCIL OF KING COUNTY: 24 SECTION 1 . The King County Bounary Review Board has deemed V 28 atter of an election for incorporation of Sea-Tac approved as o 28 ecember T988. 27 SECTION 2. The name of the proposed city shall be City of 28 ea-Tac. 29 SECTION 3. The official population of the proposed City of 30 ea-Tac, if incorporated, shall be 38,000_ 31 32 38 F]� EXHiBIT R ecoiv es7: 12/2g/99 11 :26A •> POLYGG JORRTHwEBT; Page 2 - Deaa-29-99 11 : 20AIF P . 02 1 SECTION 4. A special election shall be held on th'eil4th day c t 2 March 1989, within the area of the proposed City of Sea-Tac, as B hereinafter described, for the purpose of submitting to the 4 qualified electors the determination of whether it shall be 5 incorporated as a non-charter code city, under the Council -Manage e plan of government proposed in the petition. T SECTION S. The ballot title shall be as directed by statute. B SECTION 6. The boundaries of the territory proposed for 9 annexation are hereby described as follows : lO Beginning at the intersection of the North margin of South 128th Street with the West margin of Des Moines Memorial Drive 11 South (Des Moines Way South) . said point being located in the 12 Southwest 1 /4 Section 9, Township 23 N, Range 4E, W.H. , King County , Washington: 13 Thence East along said North margin of South 128th Street to to its intersection with the East margin of Military Read South located in the SE 1 /4 of Section 9. Township 23 N, Range 4 E. W.t i5 Thence Southerly along said margin of 14111tary Road South to its intersection with the Southeasterly margin of said Pacific 16 Highway South located in the SW 1/4 of Section 22, Township 23 N 17 Range 4 E . W.M. ; 18 Thence Southwesterly along said margin of pacific Highway Sou to its intersection with the North margin of South 160th Street; 19 Thence East along said margin of South 160th Street to its intersection with the East margin of 42nd Avenue South and city 20 limits of Tukwila as established by Ordinance 1343 , 21 Thence South , along the existing Westerly city limits of 22 Tukwila, as established by Ordinance 1343 to the South line of t Southwest 1 /4 of the Southeast 1 /4 of said Section 22; 23• Thence' continuing South , East, South , East. South and then Ea 24 along the existing Westerly city limits of Tukwila, segments of which are established in part by Ordinances 1343. 136S and 312 t 25 the East line of the Southeast 1 /4 of the Northeast 1/4 of Secti 27 , Township 23N , Range 4E . W.M. ; 28 Thence' East and South along the Westerly city limits of 27 Tukwila: segments of which are established In Dart by Ordinance 312 and 247 to its intersection with the area annexed to Tukwila 28 by Ordinance 12OS being also on the North line of the Southwest 1/4 Section 26, Township 23N, Range 4E . W .M. ; 29 Thence generally Southerly along the Westerly city limits of 30 Tukwila , segments of which are established in part by Ordinance 1205, to its intersection with the west margin of 53rd Avenue 31 South; Thence South along said margin to its intersection with West margin of the S.R. line as deeded from the Stale of 92 Washington to King County in AFS107060294: 33 2193C/hda/1-4-89 2 ent by: Polygon 425 709 6975; 01 /24 MO 11 :33AM;JetFa: $940;Page 8/10 Recelvail: 12/29/99 11 :2GA1^ -� POLYGO. ,ORTHwIRST; Pao• 3 Oac-29-99 11 : 21A ' � P .03 88 -.,,® 1 Thence Southerly along said west margin to its intersection 2 with the North boundary of that area as annexed to Tukviila by Ordinance 314: 3 Thence West, South, East and Southerly along the existing city 4 limits of Tukwila to the North line of the Morthwest 1 ,64 of Section 3S, Township 23N, Range 4E; 6 Thence Westerly and generally Southeasterly along the Westerly e and Southerly city limits of Tukwila , segments of which are . established in part by Ordinance 530 , 247 and 265. to its 1 intersection with the East margin of P .S .H. No. 1 (SR 5) in the S 1/4 of the SW 1 /4 Section 35, Township 23 N, Range 4E, W.M- ; a Thence generally Southwesterly along said Easterly margin of P .S.N . No. i to the South line of ,the NE 114 of the SW 1/4 Sectio 9 3 , Township 22N; Range 4E, W,M. ; 10 Thence East to the Southeast corner of said subdivision; 11 Thence South 00-11-45 East 150 feet distance more or less to the Northwesterly margin of Orillia Road South ; 12 Thence South along said margin to the West margin of 42nd 13 Avenue South; 14 Thence South along said margin to the North margin of south 216th Street; 15 Thence Westerly along said margin and Northerly margins of 40T is Place South and 37th Place South to the North line of the Southwest 1 /4 of said Section 10; 17 Thence West along said North line to the East line of the �esl 1a 1/2 of said Southwest 1/4 Section 10; 19 Thence South along Said East line to its intersection with the North line of that area as annexed to Kent by Ordinance 1400; 20 Thence West and Southerly along said city limits to the South 21 line of said Southwest 1/4 of Section 10 : 22 Thence East along said South line and city limit of Kent to tl West line of that area as annexed to Kent by Ordinance 1036 ; 23 . Thence 'East. Southerly and Westerly along the Westerly city 24 limits of Kent, Segments of which are established in part by Ordinance 1036, 1347 , 209S, and 1089 to the South line of the 25 Northwest 1 /4 of Section 15, Township 22 N. Range 4E, W.M. ; 26 Thence generally Southerly and Westerly along the Westerly ci limits of Kent. segments of which are established in part by 27 Ordinance 1089, 1317 and 1089 to the Northeasterly margin of Kent-Des Moines Road; 29 Thence Northwesterly along said margin to the East line of th 39 Southeast 114 of Section 16. Township 22N, Range 4E, W.M. , and city limits of Kent as estabished by Ordinance 1124; 30 Thence North and Northwesterly along said Kent city limits tc 31 its intersectioo With the city limits of des Moines as establish by Ordinance 356; 32 Thence continuing North along the Easterly city limits of Des 33 Moines to the South line of the Northeast 1 /4 of Section 9, Township 22N , Range 4E, M.M, ; 2193C/hdm/1 -4-89 3 Recelv.Id: 12/29/80 11 :20A: -a POL.Vad IORTHw6ST-. Page 4 D®c�' 29-99 11 : 21A P -04 SS20 i Thence North 30 feet to the North margin of South 216th Stree! 2 Thence Westerly along said North margin to the West margin of 3 Pacific Highway South and city limits of Des Moines as establishe by Ordinance 731 ; 1 4 Thence Northerly and Westerly along said city limitis to the 5 East margin of 24th Avenue South; 6 Thence North along said margin of 24th Avenue South to the North margin of -South 208th street; 7 Thence Westerly along said North margin extended to the east e line of the plat of Grove Addition to Des Moines as recorded in Val . 4 of plats page 83; 9 Thence North along said East line 100 feet more or less to the 10 North margin of South 208th Street (North Street) ; 11 Thence West along said North margin to the Westerly margin of Des Moines Memorial Drive South; L2 Thence Northerly along said margin to the Southwesterly morgir 13 of SR-509 right-of-way as located in the NE 1/4 Section 5, Township 22M, Range 4E, W.N. ; 14 Thence Northwesterly. Northerly, and Northwesterly along the 16 said Southwesterly margin of SR 509 to the intersection with the Western margin of Des in Memorial Drive South (Des Moines We. I6 South) in the Southeast 1/4 of the Northwest 1/4 of Section 29 , Township 23N, Range 4E, W.M. ; L7 Thence Northerly along said West margin of Des Moines Memoria- 16 Drive South to its intersection with the North margin of South 128th Street and point of beginning. 19 SECTION 7. The notice of election shall be published as 20 required by law. 21 SECTION 8. The election shall be conducted pursuant to Chapt 22 35.02 RCW as amended by Section 10 . 12 , 13 and 14 of Chapter 234 23. Laws of Washington . 1986. 24 2s 26 27 28 29 30 31 32 33 2193C/hdm/1 -4-89 4 lent by: Polygon 425 709 6975; 01 /24/00 11 :33AM;J*LEx #940;Page 10/10 R.e.ivoll: 12/20/00 11 :90� POLY00''^ ORTHWEe T. Poo. 5 0ac-29-99 11 : 22A e-7 P -OS 1 L_; goo 1 SECTION 9 . As provided in 11Cu 29.36. 120 and King County Hotlo 2 No. 7393. the King County council requests the manager {af records 3 and election department to conduct the election by main. 4 INTRODUCED AND READ for the first time this 7-74A(4 day 6 of 6 PASSED this day of 1981 , 7 8 KING CDU TY.0 D USCI iG TON 9 nd 10 ' 11 ATTEST: / ' ,/J 12 '�r UreW o the ounct 13 � 16 APPROVED this /-7 day of 1989. 13 ing County LXCCUZTya 16 -+w 17 18 19 20 21 22 23 24 25 26 21 28 29 30 31 32 33 2193C/hdmll-4-89 S i EXHIBIT C CORE DESIGN, INC. BELLEVUE WA 98007 I.;ore Project No: 96098 i+!/15/00 Legal Description for the City of Kent Annexation A strip of land, 30.00 feet in width, over a portion of the northeast quarter and the northwest quarter of Section 10, Township 22 North, F ange 4 East, W.M., King County, Washington, said strip having 15.00 feet on 4ch side of the following described centerline: COMMENCING at the center of said Section 10; thence S89°58'34"W along the south line of said northwest quarter, 15.00 feet to the POINT OF BEGINNING of the herein described centerline; thence N00047'39"E parallel with the north-south centerline of said Section 10, a distance of 852.32 feei,to a point of tangency with a 969.93 foot radius circular curve to the right; thenceIJiortherly along said curve, through a central angle of 09*11'00", an arc distance or 155.46 feet to a point of tangency; thence N09°58'39"E 303.02 feet to a point of tangency with a 271.48 foot radius circular curve to the left; thence northerly along said curve, through a central angle of 19037'00", an arc distance of 92,95 feat to a point of tangency; thence N09°38'21"W 243.62 feet to a point of tangency with a 940.37 foot radius circular curve to the left; thence northwesterly along said curve, through a central angle of 04*15'11", an arc distance of 69.80 feet to the terminus of the herein described centerline. j I The sidelines of the above described strip of land shad be lengthened or shortened, as required, to intersect at all interior angl ;points, and the southerly line of said northwest quarter of said Section 10. EXCEPT any portion thereof lying within the northeast quarter of the northwest quarter of said Section 10, ANDS 1'' I Ha Alt 9 Et'IRE3, t0/26/pp I;\Legals,Notes, & S epas\1 996\96098\96098 471 annex.doo, 3/15/00,page 1 I 212'd 9oe'ON ONI NSIS3Q 3b0J WHBS:TT 0002'ST '6dW .x iµ //1 Kent City Council Meeting Date March 21 , 2000 Category Consent Calendar 1 . SUBJECT: DEWATERING PUMP - PURCHASE & INSTALLATION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to purchase the Dewatering Pump from Kent Oxygen Co. , Inc , including installation, for the Green River Natural Resources Area (GRNRA) for the bid amount of $30, 825 . 00 . 3 . EXHIBITS: Public Works Director memorandum and Dewatering Pump Bids and Information 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds - DISCUSSION: ACTION: Council Agenda Item No. 6E DEPARTMENT OF PUBLIC WORKS March 6, 2000 TO: Public Works Committee FROM: Don Wickstrom RE: Dewatering Pump The Public Works Department solicited bids to five companies for the purchase and installation of a dewatering pump to be used for the control of water levels at the Green River Natural Resources Area. Per the attached bid information, Triangle Pump &Equipment Inc. was the low bidder however, they did not provide a complete bid package. As such, we are recommending awarding to the second low bidder, Kent Oxygen Co. Inc., for the bid amount of $30,825.00 for purchase and installation. MOTION: Recommend authorizing the purchase and installation of the Dewatering Pump from Kent Oxygen Co., Inc for the amount of $30,825.00 f. Green River Natural Resources Area (GRNRA) Dewatering Pump Bids and Information Under a contract with Paul Brothers Inc. (PBI) out of Boring OR, nearly 100,000 wetland emergent plants were planted in the wetlands at the GRNRA in 1999. This contract was terminated in late 1999 due to a lack of performance. At the end of the growing season in 1999, it was estimated that 50% of the wetland emergents planted were still surviving. In order to maintain these existing plants, and to lower water levels for replacement plantings in the spring of 2000, the water levels in the two main ponds must be lowered. Naturally, these ponds would remain filled to 18' above mean sea level (MSL) in the large pond, and 20' MSL in the small pond. These levels would be okay for mature wetland plants, but in this case will cover the existing young plants completely and not allow them to grow. Also, replacement plants are planned to be planted in April and May down to the 16' and 18' levels, respectively. In order to keep these levels down, a large dewatering pump is necessary. At the end of last summer after the PBI contract was terminated, the Environmental Engineering Section rented a 3500 GPM pump that worked reasonably well in keeping water down to the desired levels although at a significant cost. Because the dewatering pump will be needed for a minimum of two years, the cost of purchase, installation and maintenance will be less than pump rental expenses. From this experience and conversations with industry representatives, we devised the pump specifications enclosed. The Environmental Engineering Section sent out a solicitation letter to prospective pump bidders on December 29`h, 1999 (enclosed). This solicitation letter was sent to the following five companies: 1) PACO/Johnston Pumps, Seattle, WA; 2) Triangle Pump and Equipment, Inc., Renton, WA; 3) Construction Machinery, Inc., Kent, WA; 4) FNW/Queen Pump, Kent, WA; 5) Kent Oxygen Co., Inc., Kent, WA. Of these five companies, we received bids from four of them (all but CMI). Only one firm, however, sent a proposal that met all of our specifications (KENTOX). The other three gave us specified quotes for the pump, control panel and cable, but did not include costs for installation at the site, piping and electrical hookup. On calling all three, all stated that they did not typically perform this type of service, and were not willing to in this circumstance. With the four pump, cable and control panel quotes, we were able to compare most items in this package. In this analysis, Triangle Pump was the low bidder. The bids came in as follows for these items: 1) Triangle Pump -- $17,431; 2) KENTOX -- $19,330; 3) PACO -- $20,084; 4) FNW/Queen -- $27,162.50 However, Triangle Pump's bid was also for the smallest pump of the group. Our ' minimum specification for pump volume was 3,500 GPM—Triangle provided us a quote for a 23hp pump that was only capable of 3,400 GPM. KENTOX and PACO gave us quotes for 30 and 28hp pumps, respectively, that would deliver 4,800 and 5,100 GPM. For our application, increased volume over our specification is definitely a bonus. Our engineers estimate for installation, piping and electrical hookup is $13,070 (see enclosed). KENTOX bid $11,495 for these items. Since they were the only bidder to include all of the items we specified, and since their prices appear to be reasonable, it is our recommendation to offer this contract to KENTOX for a total cost of$30,825. Zll - Kent City Council Meeting Date March 21 , 2000 Category Consent Calendar 1 . SUBJECT: VALLEYCOM INTERLOCAL AGREEMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the above-referenced Agreement . This Agreement includes the City of Federal Way as a full participating Member in the maintenance and operation of the Valley Communications Center, joining the cities of Kent, Auburn, Renton and Tukwila. This is a new Interlocal Agreement among the 5 Member Cities. It incorporates the relevant terms of the original Interlocal Agreement, including all amendments, and ratifies all acts consistent with these Agreements . 3 . EXHIBITS: Agreement 4 . RECOMMENDED BY: 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. 6F VALLEY COMMUNICATIONS CENTER INTERLOCAL AGREEMENT THIS AGREEMENT is entered into among the undersigned municipalities,the cities of Auburn,Federal Way,Kent,Renton, and Tukwila, all of which are municipal corporations under the laws and statutes of the State of Washington (the "Member Cities"). RECITALS WHEREAS, the undersigned municipal corporations have established and maintain a consolidated emergency services communication center, known as the "VALLEY COMMUNICATIONS CENTER" ("ValleyCom"); and WHEREAS, this agreement is formed to be consistent with the provisions and terms of the"Interlocal Cooperation Act"pursuant to RCW 39.34, et seq.; and WHEREAS, ValleyCom provides improved police, fire and medical aid service communications within the boundaries of the existing, established consolidated service area at a minimum cost to the participating local governments, together with such other governmental units that have contracted with ValleyCom for communications services; and WHEREAS, one of ValleyCom's objectives is to provide consolidated telephone, radio and alarm communications and dispatching services for participating local government units; and WHEREAS,the continued maintenance, operation, and improvement of ValleyCom will be of substantial benefit to the citizens of the undersigned cities and the public in general; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: VALLEY COMMUUNICATIONS CENTER AGREEMENT- I P.TMT%MESZp=Fam\0400\VWkyConxkp LRedlme5.doe . 1. Valley Communications Center—Membership, Authority, and Powers. On August 20, 1976, the cities of Auburn, Kent, Renton, and Tukwila founded a governmental administration agency pursuant to RCW 39.34.030(3)(b), which was known as the "VALLEY COMMUNICATIONS CENTER ("ValleyCom")." ValleyCom has the responsibility and authority for emergency service communications and all related incidental functions for communicating and dispatching services between the public and the participating cities' public safety departments in the furtherance of improved public safety and emergency response. Since its formation,ValleyCom also has served, and continues to serve, other municipal corporations ("Subscribing Agencies'D that exist within the logical, physical service area and that need emergency service communications. Accordingly, all existing Subscribing Agency agreements are hereby ratified and confirmed. Any agreement with ' ^, additional municipal entities shall be in writing and approved by ValleyCom as provided for in this agreement. In furtherance of protecting public safety and emergency response in the South King County region, the City of Federal Way, currently a Subscribing Agency, has requested to become a fully participating Member City. On August 4, 1999, ValleyCom's Administration Board agreed to include Federal Way as a full, participating Member City, commencing January 1, 2000. Accordingly, ValleyCom's participating Member Cities are hereby revised to include Federal Way, and, as used hereafter in this agreement, any reference to the "Member Cities" will include the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. VALLEY COMMUNICATIONS CENTER AGREEMENT-2 P1Ci,T U.ESIOprn gg xkOMV.k,ComAWe .R.dii.S.&, : ' In addition, the City of Federal Way may enter into an interlocal agreement with the.Federal Way Fire Department for the purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in ValleyCom. Upon execution of the interlocal agreement, the City of Federal Way may, at its option and under such terms and conditions as Federal Way deems proper, appoint the Federal Way Fire Department to function, as do the Auburn,Kent,Renton, and Tukwila Fire departments, for the purposes of its representation on the Operations Board and for the purposes of calculating and remitting payment for dispatch services. Subject to addition, amendment or removal by the Administrative Board, ValleyCom's powers shall include, but not be limited to, the following: a. Recommend action to the legislative bodies of the participating members; - b. Review and approve budget expenditures; C. Establish policies for expenditures of budget items for the Center; d. Review and adopt a personnel policy for the ValleyCom Center; e. Establish a fund or special fund or funds as authorized by RCW 39.34.030 for the operation of the ValleyCom Center; f. Conduct regular meetings as may be designated by the Administration Board; g. Determine what services shall be offered and under what terms they shall be offered; h. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this agreement; i. Establish rates for services provided to other members, subscribers or participating agencies; j. Direct and supervise the activities of the operations board and the Center Director; k. Incur debt in the name of the Center to make purchases or contract for services necessary to fully implement the purposes of this agreement; 1. Enter into agreements with, and receive and distribute funds, from any federal, state or local agencies; M. Receive all funds allocated to the Center from its members; n. To purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or VALLEY COMMUNICATIONS CENTER AGREEMENT-3 personal property, or any interest therein, in the name of the Valley Communications Center; o. To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all of its property and assets; P. To sue and be sued, complain and defend, in all courts of competent jurisdiction in the Center's name; q. To make and alter bylaws for the administration and regulation of its affairs; r. Enter into contracts with future participating members and subscribers to provide communications services; S. To hold radio frequency licenses to enable the Center to operate radio communications and dispatch systems to meet its public safety responsibilities; and t. Any and all other acts necessary to further ValleyCom's goals and purposes. 2. Duration of Agreement. The tens of this agreement shall be for five (5) years from its effective date and, thereafter, shall automatically extend for additional five(5) year periods unless terminated as provided in this agreement. This agreement shall not terminate until all bonds issued by the Valley Communications Center Development -, Authority have been paid and retired. 3. Withdrawal and Termination. 3.1 Any Member City may withdraw its membership and terminate its participation in this agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in any one year. After providing appropriate notice as provided in this section, that Member City's membership withdrawal shall become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. 3.2 Three (3) or more Member Cities may, at any one time, by written notice provided to all Member Cities, call for a complete termination of ValleyCom and this VALLEY COMMUNICATIONS CENTER AGREEMENT-4 e:Cc,UU.esop.Faewmmv,o,co.LA,�nak.s. agreement. Upon an affirmative supermajority vote (majority plus one) by the Member Cities, ValleyCom shall be directed to wind up business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this agreement. Upon the final termination date, this agreement shall be fully terminated. 3.3 In the event any Member City fails to budget and provide the required annual membership funding for ValleyCom,the remaining Member Cities may,by majority vote, immediately declare the underfunding City to be terminated from this agreement and to have forfeited all its rights under this agreement as provided in Section 3.5. The remaining Member Cities may, at their option, withdraw ValleyCom's emergency communications support with that City or, alternatively, enter into a Subscribing Agency Agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. 3.4 Time is of the essence in giving any termination notice. 3.5 If an individual Member City withdraws its membership in ValleyCom, the withdrawing city will forfeit any and all rights it may have to ValleyCom's real or personal property, or any other ownership in ValleyCom, unless otherwise provided by the Administration Board. 3.6 Upon termination of this agreement, all property acquired during the life of the agreement shall be disposed of in the following manner: a. All real and personal property purchased pursuant to this agreement shall be distributed based on equal shares apportioned to those Member Cities still existing on the day prior to the termination date; and VALLEY COMMUNICATIONS CENTER AGREEMENT-5 P:\QvsFlLESWpmFBt WMvW yCmMgarte R. dWeS.doc . b. All unexpended funds or reserve funds shall be distributed based on the percentage of total annual charges assessed by the Administration Board during the period of this agreement and paid by each Member City. 3.7 Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 3, the withdrawal of any member City shall not discharge or relieve any Member City of its obligations to the Valley Communications Center Public Develooment Authority. 4. Administration Board. 4.1 The affairs of ValleyCom shall be governed by an Administration Board composed of one member from each participating Member City, and that member shall be the Mayor or his or her designee. Each Board member shall have an equal vote and voice in all Board decisions. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Administration Board. 4.2 A Presiding Officer shall be elected by the Board's members,together with such other officers as the majority of the Board may determine. There shall be a minimum of two (2) meetings each year, and not less than fifteen(15) days notice shall be given to all members prior to any meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday in February of each year to review the prior year's service and the second meeting shall be on the second Tuesday in September of each year to review and present a budget. Other meetings may be held upon request of the Presiding Officer or any two (2) members. VALLEY COMMUNICATIONS CENTER AGREEMENT-6 P.CihTfIIESOpmFle`DI W\VJkyComApaneot.R�eS. 4.3 The Administration Board shall be authorized to establish bylaws that govern procedures of that Board and ValleyCom's general operations. 5. Operating Board. 5.1 There is further established an Operating Board which shall consist of two (2) members of each participating Member City's Public Safety Department(s), including the head of those Department(s) and/or their designee(s). Additionally, the Subscribing Agencies shall,by majority vote, elect one (1) at-large member to represent the Subscribing Agencies' police departments and one (1) at-large member to represent the Subscribing Agencies' fire department on the Operating Board. At the time set for election of the at-large members, only the Subscribing Agency representatives then in attendance will participate in the election. The Member Cities' Orating Board revresentatives shall not participate in the at-large member elections. The at-large members shall serve one-year terms, unless amended by maiority vote of the Operating Board. The purpose and duties of the Operating Board shall be established by the Administrative Board. Each Operating Board member shall have an equal vote in all Board decisions. The Operating Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operating Board. 5.2 The Operating Board shall elect a Presiding Officer from its members and shall determine the time and place of its meetings; however, the Operating Board shall hold at least one (1) regular meeting each month at a time and place designated by the Presiding Officer or by a majority of its members. Special meetings may be called by the VALLEY COMMUNICATIONS CENTER AGREEMENT-7 P:�CinTP \OMF6m\04=VWkyCampg(emnn.Redb.5. Presiding Officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency,the Operating Board may dispense written notice requirements for special meetings,but must, in good faith, implement best efforts to provide fair and reasonable notice to all Operating Board members. 6. ValleyCom Director. ValleyCom's current director is hereby confirmed. Upon the occurrence of a temporary or permanent vacancy in the Director position, the Operating Board shall recommend to the Administration Board a person to act as ValleyCom's Director. The Director shall be responsible to the Operating Board and shall advise it from time to time on a proposed budget and other appropriate matters in order to fully implement the purposes of this agreement. The Director shall administer ValleyCom in its day-to-day operations consistent with the policies adopted by the Administration Board and/or the Operations Board. The Director shall have experience in technical, financial, and administrative fields and his or her appointment shall be on the basis of merit only. 7. Personnel Policy. 7.1 The Operating Board shall, as necessary from time to time, submit to the Administration Board a proposed ValleyCom personnel policy for the Administration Board's approval, rejection or modification. All modifications or revisions must have the final approval of the Administration Board. 7.2 At the time ValleyCom was first formed, the ValleyCom personnel_ policy previously provided for appointment to ValleyCom's staff from personnel that were i VALLEY COMMUNICATIONS CENTER AGREEMENT-8 P:�CivTFLLFS\OpmPdn`MOO�V alkyComApemmocReN'v,e5. permanently appointed or assigned as dispatchers in the participating Member Cities prior to formation. Accordingly, for a period of one (1) year from the time the Federal Way Fire Department begins its transition to ValleyCom for dispatch services, ValleyCom shall give preference in hiring to those persons that were permanently appointed as dispatchers in the Federal Way Fire Department, if those persons have the skills and abilities necessary to perform required job functions. Additional and subsequent employees, with the exception of ValleyCom's Director, shall be appointed by the Director upon meeting the qualifications established by the Operating Board and adopted by the Administration Board. No employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement System, as provided by law. 8.0 Budget. 8.1 The Director shall present a proposed budget to the Operating Board on or before August 15 of each year, which budget shall then be presented to the Administration Board not later than September 1 of each year. However, should the Administration Board elect to budget on a biennial,rather than annual,basis, the August 15 and September 1 deadlines established in the previous sentence shall only apply every other year. Thereafter, the Member Cities shall be advised on the programs and objectives as contained in the proposed budget and of the required financial participation for the following year. The allocation of prorated financial participation among local governments shall be the percentage of dispatched calls attributed to each jurisdiction compared to the total dispatched calls. The percentages shall be applied to the current approved budget less revenue from outside sources. Upon approval by each participating Member City of its budgetary VALLEY COMMUNICATIONS CENTER AGREEMENT-9 P:kCi%ITU.MOp=FiIeW/00\VWkyComAr�RcOmS. allocation for ValleyCom's operation in the following year, and upon verification thereof to ValleyCom,the Administration Board shall, after a public hearing as provided by law, adopt its final budget for the following year. Member Cities shall be billed bimonthly and payments made on or about the first day of February, April, June, August, October, and December of each year. ValleyCom will bill Subscribing Agencies in accordance with approved agreements between ValleyCom and those Subscribing Agencies. 8.2 In the event the City of Federal Way has not become a Member City by January 1, 2000, all dues paid by Federal Way as a Subscribing Agency in the 2000 calendar year will be credited against the budgeted Member City obligation assigned to Federal Way for the 2000 calendar year, and Federal Way's status as a Member City will be ratified and relate back to January 1, 2000. 9. Contracts and Support Services. The Administration Board (or the Operating Board or the Director, if so designated by the Administration Board) shall, as necessary,contract with appropriate local governments for the use of space for its operations, and for staff and auxiliary services including,but not limited to,records,payroll, accounting, purchasing and data processing. 10. Policy and System Evaluation. The Director shall actively and continuously consider and evaluate all means and opportunities toward the enhancement of operational effectiveness of emergency services so as to provide maximum and ultimate benefits to the members of the general public. The Director shall present his or her recommendations to the. I� VALLEY COMMUNICATIONS CENTER AGREEMENT- 10 P:\ChqTURswarnFia`.04=V,Ikycomng�R,dYne5.d« . Operating Board from time to time. Any substantive change or deviation from established policy, however, shall have the prior approval of the Administration Board. 11. Additional Service Authorized. The Administration Board shall evaluate and determine the propriety of including additional communications and dispatching services for local governments,whenever so requested, and shall determine the means of providing those services,together with its costs and effects. These additional services may include,but shall not be limited to, the following: allowance for public and private buildings, additional communications and dispatching operations, and any related incidental functions. 12. Inventory and Property. 12.1 Equipment and furnishings for ValleyCom's operation shall be -- acquired by ValleyCom as provided by law. If any Member City furnishes equipment or furnishings for ValleyCom's use, title to the same shall rest with the respective local entity unless that equipment is acquired by ValleyCom. 12.2 The Director shall, at the time of preparing the proposed budget for the ensuing year, submit to the Operating Board a complete inventorLtogether with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to ValleyCom. In case of dissolution of VallevCom. any assigned or loaned items shall be returned to the lending governmental entity and all other items, or funds derived from the sale thereof, shall be refunded and distributed to Member Cities in equal shares. However, to the extent ValleyCom liquidates all or part of the existing communications facility(located at 23807 98`s Avenue South, Kent, Washington. 98031) or its property and equipment, the VALLEY COMMANICATIONS CENTER AGREEMENT- 11 P:�CivTFR.FSbpe^P7uWC0UVNryComA�ernenLRMmeS.doc . funds derived from the sale thereof will be refunded and distributed to the four original Member Cities only. Auburn, Kent, Renton and Tukwila. 12.3 Ownership of Real Property. Title to real property purchased or otherwise acquired shall be held in the name of the Valley Communications Center; provided, however, that for valuable consideration received, ValleyCom may convey ownership of any real property as may be approved by a majority of the Administration Board. 13. Local Control and Interconnect. Each Member City and each Subscribing Agency shall retain the responsibility and authority for its operational departments and for such equipment and services as are required at its place of operation to interconnect to ValleyCom's operations. Interconnecting equipment and services may be provided for ValleyCom's budget and operational program. 14. Dispatch Facility, Financing, and Construction. 14.1 In order to address increased growth and to provide necessary services for Member Cities and for Subscribing Agencies, the Administration Board has determined to construct a new dispatch facility. The Member Cities shall contribute to the financing of the development of the new dispatch facility on a pro-rata basis, each Member City paying twenty percent(20%) of the total cost of development, less contributions from grants, other public agencies, or other sources. 14.2 The new ValleyCom Dispatch Center, including all equipment, furnishings and fixtures, will constitute a critical link to the Member Cities and the VALLEY COMMUNICATIONS CENTER AGREEMENT- 12 e:c��u:soc�aeaamv��wK�.�m�s. Subscribing Agencies' ability to provide police, fire, and life safety protection services, particularly in times of a critical emergency or natural disaster. Consequently, this new center is essential to the preservation of the public health, safety and welfare. As a result, this center's equipment, furnishings and fixtures are unique and subject to special standards. Accordingly, based on the facts presented in this subsection, it is hereby resolved that the established policy of the Member Cities is that the new ValleyCom Dispatch Center constitutes a"special facility" under RCW 39.04.280 (1)(b), and all purchases of any kind or nature for the new ValleyCom Dispatch Center shall be exempt from competitive bidding requirements. 14.3 The Administration Board shall authorize, and the Chair of the Administration Board, or his or her approved designee, will execute contracts for the development of the new ValleyCom Dispatch Center. These contracts may include,without limitation,contracts for architectural, design, communications,project management services, real estate acquisition, engineering, and construction. 14.4 The Member Cities will finance the property acquisition and construction of the new facility as agreed by the Administration Board and as provided by law. 15. Legal Assistance. The participating municipal entities agree to furnish legal assistance, from time to time, as approved by the Administration Board. The Administration Board may contract with the City Attorney of a participating city. VALLEY COMMUNICATIONS CENTER AGREEMENT- 13 FCi^TF[LfSWpmFileW/WVO¢yfamAQsmanlRrdl'vmS.dac . 16. E911 Participation. ValleyCom may implement or contract for implementation of an E911 System for use within the area served, insofar as is practical. 17. Intergovernmental Cooperation. ValleyCom shall cooperate with local, State and Federal governmental agencies according to guidelines of the Police Dispatching Study in order to maximize the utilization of grant funds for equipment and operations. 18. Compliance with Criminal History Records Information Laws. ValleyCom shall bear full responsibility for ensuring that the law enforcement data communications network and any Criminal History Records Information received by means of that network, shall be used solely for the purposes of the due administration of the criminal laws or for the purposes enumerated in Chapter 43.43 RCW, as now enacted or hereafter amended. ValleyCom shall establish rules and regulations governing access to, ^* security for, and operation of the data communications network and any Criminal Justice Records Information received by means of that network. 19. Hold Harmless. Each Member City shall defend, indemnify and save all other Member Cities harmless from any and all claims arising out of that City's negligent performance of this agreement. Any loss or liability resulting from the negligent acts, errors, or omissions of the Administration Board, Operation Board, Center Director and/or staff, while acting within the scope of their authority under this agreement, shall be bome by the Valley Communications Center exclusively. The provisions of this Section 19 shall survive the termination or expiration of this agreement. VALLEY COMMUNICATIONS CENTER AGREEMENT- 14 P:CivNFlLESOPmFluWi00\V�.RdI'vm5. 20. Repealer and Ratification. All prior interlocal agreements entered into among the four original Member Cities are repealed as of the effective date of this agreement. All existing Subscribing Agency agreements will remain in effect. All prior acts taken by ValleyCom or the Member Cities that are consistent with this agreement and any prior Member City interlocal agreements are hereby ratified and confirmed. 21. Filing of Agreement. Upon execution,this agreement shall be filed with the City Clerks of the respective Member Cities, the Secretary of State, and such other governmental agencies as may be provided by law. 22. Severability. If any part, paragraph, section or provision of this agreement is adjudged to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part or provision of this agreement. 23. Execution and Effective Date. This agreement, and any amendments, shall be executed on behalf of each Member City by its duly authorized representative and pursuant to an appropriate motion, resolution, or ordinance. The agreement, or any amendment, shall be deemed adopted and effective upon the date of execution by the last authorized representative. VALLEY COMMUNICATIONS CENTER AGREEMENT- 15 P:CivTF�.F3�Opmfila`A/001VaDeyfgmApmmuRedlvm5.doc T 24. Counterparts. This agreement may be executed in any number of counterparts, each of which shall be an original,but those counterparts will constitute one .and the same instrument. IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals. CITY OF KENT, WASHINGTON: CITY OF TUKVvT A,WASHINGTON: By: By: Its: Its: Date: Date: CITY OF AUBURN, WASHINGTON: CITY OF RENTON,WASHINGTON: By: By: Its: Its: Date: Date: CITY OF FEDERAL WAY, WASHINGTON: By: Its: Date: Nofa"Acknowkdeementr Aaaear on Following Page VALLEY COMMUNICATIONS CENTER AGREEMENT- 16 I 1 rcn,esoa^t'u,.waomv,o.ycwan�e��a�m�ks.m� . STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this.day of 2000, before me a Notary Public in and for the State of Washington, personally appeared Jim White, to me known to be the Mayor of the City of Kent, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Mast Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this _day of 2000, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of the City of Tukwila, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Mast Appear Within This Bos- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires VALLEY COMMUNICATIONS CENTER AGREEMENT- 17 P.KiNf�EII.FS�OpenFlu`aWMVJIe�CamARevmu.Rcdline3.doc . STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this.day of 2000, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of the City of Auburn, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Wuhm Pus Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires I STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this.day of 2000, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of the City of Renton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Mutt Appear Within Pus Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires I"^T VALLEY COMMUNICATIONS CENTER AGREEMENT- 18 P:KiviTiII,ESWpmfila`0600\VdlryCmiApeanmcRn0ue5.doc . STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 2000, before me a Notary Public in and for the State of Washington, personally appeared to me known to be the of the City of Federal Way, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Sea!Must Appear Within Thu Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires VALLEY COMMUNICATIONS CENTER AGREEMENT- 19 P:TGNff�FMESQPw^Pda\04=Va0-yComApmrcnt.Rdld¢3. Kent City Council Meeting Date March 21 , 2000 Category Consent Calendar 1 . SUBJECT: VALLEYCOM - CREATION OF PUBLIC DEVELOPMENT AUTHORITY TO FINANCE NEW FACILITY - RESOLUTION 2 . SUMMARY STATEMENT: Passage of Resolution No. , which authorizes the City to create a Public Development Authority, the sole purpose of which is to provide financing for the construction of the new Valley Communications Center Facility in Kent . The Ordinance, Charter, and Bylaws of the proposed PDA are attached as Exhibits A-C, but these documents are not set for passage at this time. Once all ValleyCom Member Cities have passed an Ordinance substantially similar to this Resolution, staff will offer the PDA enactment documents for council passage. Staff intends to present those documents for passage at the next regular council meeting. 3 . EXHIBITS: Resolution and Exhibits A-C attached to Resolution 4 . RECOMMENDED BY: 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. 6G RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, approving the formation of the Valley Communications Center Development Authority. WHEREAS,pursuant to motion, dated 2000, this City Council has approved the Valley Communications Center Agreement (the "Interlocal Agreement"), to be executed between and among the Cities of Auburn, Federal Way, Kent, Renton and Tukwila (collectively, the "Cities") providing for consolidated emergency communications services through an enterprise known as the Valley Communications Center; and WHEREAS, the Interlocal Agreement contemplates that the Cities, collectively, under the Interlocal Agreement will acquire land and acquire, construct and equip a facility for the operations of the Valley Communications Center (the "Project"); and WHEREAS, the Cities also are considering the formation of a public authority for the purpose of issuing and servicing bonds in order to provide for the financing of the Project; and WHEREAS, the City of Kent will act as the host city for the formation, subject to the approval of each of the other Cities; NOW THEREFORE, I ValleyCom Development Authority (formation approval) THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. — Approval of Formation of the Authority. Pursuant to RCW ch. 39.34 and RCW 35.21.730 through RCW 35.21.755, the City Council of the City of Kent ("Kent') hereby approves the creation of a public authority by the City of Kent to be designated as the Valley Communications Center Development Authority (the "Authority"). The purpose of the Authority is to provide an independent legal entity under State law to finance the acquisition, construction and equipping of the Valley Communications Center through the issuance and servicing of long term debt in the aggregate principal amount of not to exceed $12,758,000 (the "bonds"). The proposed form of ordinance to be considered by the City Council of the City of Kent, along with the Charter and the Bylaws of the Authority, drafts of which are attached hereto, as Exhibits A, B and C, respectively, are hereby approved. The City Council hereby approves the formation by the City of Kent of the Authority by the approval of such ordinance, Charter and Bylaws substantially in the forms presented to this Council. SECTION 2. — Limited Liability: Independent Obligations. The Authority shall be an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the Authority shall be satisfied exclusively from the assets and credit of the Authority. No creditor or other person shall have any recourse to the assets, credit, or services of the City on account of any debts, obligations, liabilities, acts, or omissions of the Authority. SECTION 3. — City Contributions to Operations and Bonds. Pursuant to the Interlocal Agreement, the Cities shall pay an allocable portion of the budgeted expenses of Valley Communications Center not paid from other sources, which allocable portion shall be based on the percentage of dispatched calls attributed to each jurisdiction compared to total dispatched calls. In addition to the foregoing commitment, the Cities also will contribute in equal shares to pay debt service on the ( ) 2 ValleyCom Development Authority (formation approval) bonds as the same shall become due and payable and to pay administrative expenses with respect to the bonds. No City shall be obligated to pay the share of any other City; the obligations of Kent with respect to the bonds shall be limited to its equal allocable share of such obligations (twenty percent); and all such payments shall be made without regard to the payment or lack thereof by any other jurisdiction. All payments with respect to the bonds shall be made to Valley Communications Center in its capacity as administrator and servicer of the bonds to be issued by the Authority. The City of Kent hereby obligates and commits itself to budget for and pay its allocable share of the financial obligations represented by the bonds. SECTION 4. — Allocation for Purposes of Bank Qualification. For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended, Kent agrees that the amount of each issue of obligations of the Authority shall be allocated in equal shares among each of the Cities. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington,this day of 2000. CONCURRED in by the Mayor of the City of Kent this day of , 2000. RIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 3 ValleyCom Development Authority (formation approval) 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 2000. BRENDA JACOBER, CITY CLERK P:\CiviaRmlutim\VailcyComDenlopAuthorky.dm Q ValleyCom Development Authority (formation approval) EXHIBIT ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington,relating to Valley Communications Center and creating the Valley Communications Center Development Authority; approving a charter and initial bylaws therefor; establishing a Board of Directors to govern the affairs of the Authority; and approving procedures for the conduct of its affairs THE CITY COUNCIL OF THE CITY OF KENT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. — Definitions. Capitalized terms used in this ordinance have the following meetings. Authority means the Valley Communications Center Development Authority, created pursuant to this ordinance. Board of directors or Board means the governing body vested with the management of the affairs of the Authority. Bonds means the long term obligations of the Authority, to be issued to provide financing for the Project. Bylaws means the rules adopted for the regulation or management of the affairs of the Authority adopted by this ordinance as the same may be amended by the Board. 1 Valley Communications Center-Enact T Charter means the articles of organization of the Authority adopted by this ordinance and all subsequent amendments thereto. Cities means the Cities of Auburn, Federal Way, Kent, Renton and Tukwila. City Clerk means the clerk of the City of Kent or a person authorized to act on his or her behalf; and in the event of reorganization of the office of clerk, the successor official performing such duties or a person authorized to act on his or her behalf. Councils of the Cities means the governing body of each of the Cities. Director means a member of the Board. Interlocal Agreement means the Valley Communications Center Interlocal Agreement, among the Cities, to be dated as provided therein, and heretofore approved by motion of the Kent City Council, dated , 2000, as such Interlocal Agreement may be hereafter amended in accordance with its terms. Kent means the City of Kent. Project means the acquisition, construction and equipping of a new facility for the operations of the Valley Communications Center. Valley Communications Center means the consolidated emergency services communications center known as the Valley Communications Center pursuant to the Interlocal Agreement. SECTION 2. — Interlocal Agreement. Pursuant to motion, dated , 2000, this City Council has approved the Valley Communications Center Interlocal Agreement(the"Interlocal Agreement'), to be executed between and among the Cities providing for consolidated emergency communications services through an enterprise known as the Valley Communications Center. The Interlocal 1 2 VaUeyCommunicationsCenter-Enact Agreement contemplates that the Cities, collectively, under the Interlocal Agreement will acquire land and acquire, construct and equip a new facility for the operations of the Valley Communications Center(the "Project"). SECTION 3. —Authority Created— City Liability Limited. A. Authority Created. As authorized under RCW 35.21.730 through RCW 35.21.755, a public authority (the "Authority") is hereby created, with powers and limitations as set forth in its Charter and this ordinance, to provide an independent legal entity under State law to finance the acquisition, construction and equipping of the Project through the issuance and servicing of long term debt in the aggregate principal amount of not to exceed$12,758,000 (the"Bonds"), and to perform any other function specified in its Charter. B. Kent Liability Limited. The Authority is an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the Authority shall be satisfied exclusively from the assets and credit of the Authority; no creditor or other person shall have any recourse to the assets, credit, or services of Kent on account of any debts, obligations, liabilities, acts, or omissions of the Authority. C. Contributions of the Cities. Pursuant to the Interlocal Agreement,the Cities shall pay an allocable portion of the budgeted expenses of Valley Communications Center not paid from other sources, which allocable portion shall be based on the percentage of dispatched calls attributed to each jurisdiction compared to total dispatched calls. In addition to the foregoing commitment, the Cities also will contribute in equal shares to pay debt service on the Bonds as the same shall become due and payable and to pay administrative expenses with respect to the Bonds. No City shall be obligated to pay the share of any other City; the obligations of Kent with respect to the Bonds shall be limited to its (twenty percent) equal allocable share of such obligations; and all such payments shall be made without regard to the payment or lack thereof by any other jurisdiction. All payments with respect to the Bonds shall be made to Valley Communications Center in 3 Valley Communications Center-Enact its capacity as administrator and servicer of the Bonds to be issued by the Authority.Kent hereby obligates and commits itself to budget for and pay its allocable share of the financial obligations represented by the Bonds. SECTION 4. —Name. The name of the Authority shall be the Valley Communications Center Development Authority. SECTION 5. — Powers — Generally. Except as limited by the state constitution, state statute, this ordinance or the Charter of the Authority, the Authority shall have and may exercise all lawful powers necessary or convenient to effect the purposes for which the Authority is organized and to perform authorized corporate functions, as provided in its Charter. SECTION 6. — Charter and Amendments. The Charter of the Authority (the"Charter), attached hereto as Exhibit"A"and incorporated by this reference herein, is hereby approved. The Charter shall be issued in duplicate originals, each bearing the seal of Kent attested by the City Clerk. One original shall be filed with the City Clerk; a duplicate original shall be provided to the Authority. Amendments to the Charter may be initiated by the Board or by the Kent City Council. All amendments to the Charter initiated by the Kent City Council shall be presented to the Board for consideration and approval and shall not become effective unless approved by a majority vote of the Board. All amendments to the Charter,regardless of how initiated, shall become effective only following approval by ordinance approved by the Kent City Council and the Councils of at least three other Member Cities to the Interlocal Agreement. SECTION 7. —Authority: Commencement ofExistence.. The Authority shall commence its existence effective upon fulfillment of each of the following: (1) Each of the Councils of the Cities has approved the creation of the 4 Valley Communications Center-Enact Authority by Kent; (2) This ordinance shall become effective; and (3) The Charter shall have been executed, and the Charter and Bylaws shall be on file with the City Clerk. Except as against the state or Kent in a proceeding to cancel or revoke the Charter, delivery of a duplicate original Charter shall conclusively establish that the Authority has been established in compliance with the procedures of this ordinance. SECTION 8. —Board of'Directors. The Administration Board of Valley Communications Center, established pursuant to Section 4 of the Interlocal Agreement, shall act ex ofJicio as the Board of the Authority. All corporate powers of the Authority shall be exercised by or under the authority of the Board of Directors; and the business, property and affairs of the Authority shall be managed under the supervision of the Board of Directors, except as may be otherwise provided by law or in the Charter. SECTION 9. — Organizational Meeting. At the next meeting of the Administration Board of Valley Communications Center to occur following the formation of the Authority, the Board shall hold its organizational meeting. At such meeting, the Board shall organize itself and may appoint officers. SECTION 10. — Bylaws. The initial bylaws (the "Bylaws") of the Authority, attached hereto as Exhibit"B"and incorporated by reference in this ordinance, are hereby approved. The power to alter, amend, or repeal the Bylaws or adopt new ones shall be vested in the Board except as otherwise provided in the Charter. The Bylaws shall be consistent with the Charter. In the event of a conflict between the Bylaws and this ordinance or the Charter, this ordinance or the Charter, as the case may be, shall control. 5 Valley Communications Center-Enact T SECTION 11.—Dissolution. A. If four of the Councils of the Cities, each by ordinance, make an affirmative finding that dissolution is warranted for any reason, the existence of the Authority shall be terminated by ordinance of the Kent City Council. Dissolution shall be accomplished as provided in the Charter, and shall not take effect until proper provision has been made for disposition of all Authority assets, if any. B. Upon satisfactory completion of dissolution proceedings, the City Clerk shall indicate such dissolution by inscription of`charter canceled' on the original Charter of the Authority, on file with the City Clerk and,when available, on the duplicate original of the Authority, and the existence of the Authority shall cease. The City Clerk shall give notice thereof pursuant to state law and to other persons requested by the Authority in its dissolution statement. SECTION 12. —Ancillary Authority. The administrative staff of Kent are granted all such power and authority as reasonably necessary or convenient to enable each of them to administer this ordinance efficiently and to perform the duties imposed in this ordinance or the Charter. SECTION 13. — Construction. This ordinance shall be liberally construed so as to effectuate its purposes and the purposes of RCW 35.21.730-.755. SECTION 14. —Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after passage as provided by law. JIM WHITE, MAYOR 6 Valley Communications Center-Enact ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 2000. APPROVED day of 2000. PUBLISHED day of , 2000. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent,Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK PAC,40rdvun WslLyComCma-En .&c 7 Valley Communications Center-Enact CHARTER DRAFT#3 March 9, 2000 EXHIBIT B CHARTER OF THE Valley Communications Center Development Authority As originally adopted pursuant to City of Kent Ordinance Issued and Certified by the City Clerk on Kent, Washington I� CHARTER DRAFT #3 March 9, 2000 TABLE OF CONTENTS Page ARTICLE I NAME AND SEAL Section1.01 Name..................................................................................................................... I Section1.02 Seal........................................................................................................................ I ARTICLE II AUTHORITY AND LIMIT ON LIABILITY Section2.01 Authority............................................................................................................... I Section 2.02 Liability of the Cities ............................................................................................ 1 ARTICLE III DURATION ARTICLE IV PURPOSE ARTICLE V POWERS Section5.01 Powers...................................................................................................................3 Section 5.02 Indemnification.....................................................................................................3 ARTICLE VI BOARD Section 6.01 Board Composition and Term of Office...............................................................3 Section 6.02 Board Concurrence and Quorum Defined.............................................................4 Section 6.03 Officers and Division of Duties............................................................................4 Section 6.04 Executive Committee............................................................................................4 Section6.05 Committees...........................................................................................................4 ARTICLE VII MEETINGS Section 7.01 Board Meetings.....................................................................................................4 Section 7.02 Open Public Meetings...........................................................................................4 Section 7.03 Parliamentary Authority........................................................................................4 -i- P1CMW\CM 4CJ 03110/00 CHARTER DRAFT#3 March 9, 2000 Section7.04 Minutes .................................................................................................................5 ARTICLE VIII BYLAWS ARTICLE DC AMENDMENT TO CHARTER AND BYLAWS SdCtion 9.01 Proposals to Amend Charter and Bylaws..............................................................5 Section 9.02 Board Consideration of Proposed Amendments...................................................5 Section 9.03 Vote Required for Amendments to Charter or Bylaws.........................................6 Section 9.04 City Council Approval of Proposed Charter Amendments ..................................6 ARTICLE X COMMENCEMENT ARTICLE XI DISSOLUTION ARTICLE XII �* APPROVAL OF CHARTER -11- MMWXCMW4CJ 03114 CHARTER DRAFT#3 March 9, 2000 CHARTER OF THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY ARTICLE I NAME AND SEAL Section 1.01 Name. The name of this authority shall be the Valley Communications Center Development Authority(hereinafter referred to as the "Authority'. Section 1.02 Seal. The Authority's seal shall be a circle with the name "Valley Communications Center Development Authority" inscribed therein. ARTICLE II AUTHORITY AND LIMIT ON LIABILITY Section 2.01 Authority. The Authority is a public authority organized pursuant to RCW 35.21.730-.757, as amended (the"Act") and the following identified ordinances (collectively, the "Ordinance"): 1. Ordinance No. _of the City of Auburn, passed on April 3, 2000; 2. Ordinance No. _of the City of Federal Way, passed on March 21, 2000; 3. Resolution No. _of the City of Kent,passed on March 21, 2000, and Ordinance No. of the City of Kent, passed on May 2, 2000; 4. Ordinance No. _of the City of Renton,passed on March 28, 2000; and 5. Ordinance No. _of the City of Tukwila, passed on April 3, 2000. Section 2.02 Limit on Liability. All liabilities incurred by the Authority shall be satisfied (a) in the case of obligations or liabilities of the Authority which are not limited recourse in nature, exclusively from the assets, credit, and properties of the Authority, or (b) in the case of obligations or liabilities of the Authority which, by their terms, are limited recourse obligations, from such assets, properties or revenues of the Authority as shall be specifically pledged thereto or otherwise identified as being the source of payment of such limited recourse obligations or liabilities, and no creditor or other person shall have any right of action against or recourse to the Cities of Auburn, Federal Way, Kent, Renton and Tukwila Washington (collectively, the "Cities"), its assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the Authority. Section 2.03 Liability of the Authority and the Cities. The following disclaimer shall be printed or stamped on all contracts, bonds, and other documents that may entail any debt or liability by the Authority. The Valley Communications Center Development Authority is a public authority organized pursuant to Ordinance No. of the City of Auburn, Ordinance No. CHARTER DRAFT#3 March 9, 2000 _ of the City of Federal Way, Resolution No. _ of the City of Kent, and Ordinance No. of the City of Kent, Ordinance No. _ of the City of Renton and Ordinance No._ of the City of Tukwila and the laws of the State of Washington, RCW 35.21.730 through RCW 35.21.757 and RCW ch. 39.34. RCW 35.21.750 provides as follows: "[A]II liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." In no event shall the obligations of the Authority be payable by recourse against any properties, assets or revenues of the Cities of Auburn, Federal Way, Kent, Renton or Tukwila, Washington, the State of Washington or any other political subdivision of the State of Washington. No person to whom such obligations are owed shall have any recourse or right of action against the Cities of Auburn, Federal Way, Kent, Renton or Tukwila, Washington, the State of Washington or any other political subdivision thereof on account of such obligations, except to enforce the payments obligated to be made by ordinance by each of the Cities of Auburn, Federal Way, Kent, Renton or Tukwila. Any of the Cities may, by ordinance or contract or pursuant to interlocal agreement, agree to pay (on a contingent basis or otherwise), all or any portion of the obligations of the Authority, however, (1) no City shall be obligated beyond the proportion or sum specified by ordinance or contract, and (2) no City shall be obligated, directly or indirectly for the obligations of any other City. ARTICLE III DURATION The duration of the Authority shall be perpetual except as provided in the Ordinance. ARTICLE IV PURPOSE The purpose of the Authority initially is to provide an independent legal entity under State law and the Ordinance to finance the acquisition, construction and equipping of the Valley Communications Center through the issuance and servicing of long term debt in the aggregate principal amount of not to exceed $12,758,000 (the "Bonds") and, thereafter, to finance the undertaking of technology and major capital improvements essential to maintain the Center's functionality, but such additional improvements may be made only with a supermajority vote of the Board.. A "supermajority vote of the Board," as used in this Article, may be obtained at any "t -2- PACMWICMWCCJ 03114100 CHARTER DRAFT#3 March 9, 2000 regular or special Board meeting by an affirmative vote of a majority plus one of the Board members voting on the issue, provided that such majority equals not less than four(4) votes. For the purpose of securing the exemption from federal income taxation for interest on obligations of the Authority, the Authority constitutes an authority and instrumentality of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila (within the meaning of those terms in regulations of the United States Treasury and rulings of the Internal Revenue Service prescribed pursuant to Section 103 and Section 115 of the Internal Revenue Code of 1986, as amended). For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended, the amount of each issue of obligations of the Authority shall be allocated in equal shares among each of the Cities. ARTICLE V POWERS Section 5.01 Powers. The Authority shall have and may exercise all lawful powers conferred by state laws, the Ordinance, this Charter and its Bylaws. The Authority in all of its activities and transactions shall be subject to the powers, procedures, and limitations contained in the Ordinance. Section 5.02 Indemnification. To the extent permitted by law, the Authority may protect, defend, hold harmless and indemnify any person who becomes a director, officer, employee or agent of the Authority, and who is a party or threatened to be made a party to a proceeding by reason related to that person's conduct as a director, officer, employee or agent of the Authority, against judgments, fines, penalties, settlements and reasonable expenses (including attorneys' fees) incurred by him or her in connection with such proceeding, if such person acted in good faith and reasonably believed his or her conduct to be in the Authority's best interests and if, in the case of any criminal proceedings, he or she had no reasonable cause to believe his or her conduct was unlawful. The indemnification and protection provided herein shall not be deemed exclusive of any other rights to which a person may be entitled as a matter of law or by contract or by vote of the Board of Directors. The Authority may purchase and maintain appropriate insurance for any person to the extent provided by the applicable law. ARTICLE VI BOARD Section 6.01 Board Composition and Term of Office. Management of all Authority affairs shall reside in the Board: The Administration Board of Valley Communications Center, established pursuant to Section 4 of the Valley Communications Center Interlocal Agreement, including all amendments, shall act ex ojjlzcio as the Board of the Authority. Board members shall have terms coextensive with their terms as members of the Administrative Board of Valley Communications Center. -3- PACMMCMW4CJ 03114= CHARTER DRAFT'#3 March 9, 2000 T Section 6.02 Board Concurrence and Ouorum Defined. "Board concurrence," as used in this Article, may be obtained at any regular or special Board meeting by an affirmative vote of a majority of the Board members voting on the issue, provided that such majority equals not less than three (3) votes. Any Board action authorizing the issuance of debt shall be required to be approved by a supermajority vote of the Board. A quorum to commence a Board meeting shall be no fewer than three (3) members. The bylaws of the Authority may prescribe Board quorum restrictions that equal or exceed the quorum restrictions imposed in this Section 6.02. Board members present at a duly convened meeting may continue to transact business notwithstanding the departure of enough members to leave less than a quorum. Section 6.03 Officers and Division of Duties. The Authority shall have at least one officer, President. The President shall be the agent of the Authority for service of process; the Bylaws may designate additional corporate officials as agents to receive or initiate process. The Board also may provide for additional officers, e.g., Vice President, Secretary, Treasurer. The day to day affairs of the Authority, including debt administration, shall be managed by the Director of Valley Communications Center, in the manner provided in Section 6 of the Interlocal Agreement. Section 6.04 Executive Committee. The Bylaws may provide for an Executive Committee, which shall be appointed and/or removed by the Board, and shall have and exercise such authority of the Board in the management between meetings of the Board, as may be specified in the Bylaws. Section 6.05 Committees. The appointment of other committees shall be provided for in the Bylaws. ARTICLE VII MEETINGS Section 7.01 Board Meetings. 1. The Board shall meet as necessary but not fewer than two (2) times a year. 2. Special meetings of the Board may be called as provided in the Bylaws. Section 7.02 Open Public Meetings. To the extent required by law, notice of meetings shall be given in a manner consistent with the Open Public Meetings Act, Chapter 42.30 RCW. Voting by telephone or by proxy is not permitted. Section 7.03 Parliamentary Authority. The rules of Robert's Rules of Order (revised) shall govern the Authority in all cases to which they are applicable, where they are not P -4- P:CMWICMW4C! 03114/00 CHARTER DRAFT #3 March 9, 2000 inconsistent with the Charter or with the special rules of order of the Authority set forth in the Bylaws. Section 7.04 Minutes. Copies of the minutes of all regular or special meetings of the Board shall be available to any person or organization that requests them as required by state law; minutes with respect to closed executive sessions need not be kept or alternatively, need not be made available. ARTICLE VIII BYLAWS The initial Bylaws may be amended by the Board to provide additional or different rules governing the Authority and its activities as are not inconsistent with this Charter. The Board may provide in the Bylaws for all matters related to the governance of the Authority, including but not limited to matters referred to elsewhere in the Charter for inclusion therein. ARTICLE IX AMENDMENT TO CHARTER AND BYLAWS Section 9.01. Proposals to Amend Charter and Bylaws. Proposals to amend the Charter may be initiated by the Kent City Council or by the Board. Proposals to amend the Bylaws may be initiated by the Board. Proposals to amend the Charter initiated by the Kent City Council shall be presented to the Board, in accordance with the terms of the Ordinance. Proposals to amend the Charter or the Bylaws may be initiated by the Board in the manner described in the following Sections 9.02 and 9.03. Section 9.02 Proposals Initiated by the Board. 1. Proposals to amend the Charter or Bylaws shall be presented in a format which strikes over material to be deleted and underlines new material. 2. Any Board member may introduce a proposed amendment to the Charter or to the Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of which advance notice has been given to members of the Board. Section 9.02 Board Consideration of Proposed Amendments. If notice of a proposed amendment to the Charter or to the Bylaws, and information, including the text of the proposed amendment and a statement of its purpose and effect, is provided to members of the Board prior to any regular Board meeting or any special meeting of which advance notice has been given, then the Board may vote on the proposed amendment at the same meeting as the one at which the amendment is introduced. Germane amendments to the proposed amendment within the scope of the original amendment will be permitted at the meeting at which the vote is taken. -5- P1WMCM 4CJ 03114/00 CHARTER DRAFT#3 March 9, 2000 Section 9.03 Vote Required for Amendments to Charter or Bylaws. Resolutions of the Board approving proposed amendments to the Charter or Bylaws require an affirmative vote of a majority of the Board members voting on the issue, provided that such majority equals not less than three votes. Section 9.04 City Council Approval of Proposed Charter Amendments. Proposed Charter amendments initiated and approved by the Board shall be submitted to the each of the Councils of the Cities; provided, however, that no amendment to the Charter shall be effective until approved by the Kent City Council and three of the other Member Cities. ARTICLE X COMMENCEMENT The Authority shall commence its existence effective upon the issuance of its Charter as sealed and attested by the City Clerk of the City of Kent as provided in the Ordinance. ARTICLE XI DISSOLUTION Dissolution of the Authority shall be in the form and manner required by state law, City ordinance, and the Bylaws. Upon dissolution of the Authority and the winding up of its affairs, title to all remaining property or assets of the Authority shall vest in Valley Communications Center or if there is no Valley Communications Center in existence at the time, then in equal shares in the Cities of Auburn, Federal Way, Kent, Renton and Tukwila for use for public purposes. ARTICLE XII APPROVAL OF CHARTER ORIGINAL CHARTER APPROVED by Ordinance adopted by the City Council of the City of Auburn on April 3, 2000; Ordinance adopted by the City Council of the City of Federal Way on March 21, 2000; Resolution adopted by the City Council of the City of Kent on March 21, 2000, and Ordinance adopted by the City Council of the City of Kent on May 2, 2000; Ordinance adopted by the City Council of the City of Renton on March 28, 2000; and Ordinance adopted by the City Council of the City of Tukwila on April 3, 2000. -6- PACMWICMWICJ 03114= CHARTER DRAFT#3 March 9, 2000 CERTIFICATE I, the undersigned, City Clerk of the City of Kent, Washington, DO HEREBY CERTIFY that the attached CHARTER OF VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY is a true and correct original of such charter as authorized by Ordinance No. _ of the City of Kent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Kent this day of 2000. City Clerk of the City of Kent, Washington -7- P:CM'MCMW<CJ 03/14100 BYLAWS DRAFT #3 March 9, 2000 EXHIBIT C BYLAWS OF THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY ARTICLE I BOARD Section 1.01. Composition of the Board. For the purpose of determining Board composition and administration, the procedures set forth in the Charter and the Interlocal Agreement shall govern. ARTICLE II OFFICERS AND COMMITTEES Section 2.01. Officer Designated. The Presiding Officer of the Administration Board selected in the manner provided in Section 4.2 of the Valley Communications Center Interlocal Agreement, including all amendments, shall be the President of the Board. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the Board. No person may simultaneously hold more than one office. In addition to the powers and duties -� specified below, the officers shall have such powers and perform such duties as the Board may prescribe. Section 2.02. Oualification and Term of Office. The additional officers shall be members of the Board or any other person designated by the Board who is at the time an official or employee of at least one of the Cities or Valley Communications Center. The additional officers shall be elected or appointed by the Board and shall hold office for terms established as a part of the original appointment or for terms established in accordance with the Interlocal Agreement. Section 2.03. Establishment of Committees. The Board, by resolution, may designate from among its members one or more committees, to represent the Board and, except as prohibited by the Charter, act for and on behalf of the Board. The designation of any such committee and the delegation thereto of authority shall not operate to relieve any member of the Board of any responsibility imposed by law. ARTICLE III MEETING Section 3.01. Regular Board Meetings. There shall be a minimum of two (2) meetings each year of the Board. Unless otherwise designated by the President, the first regular meeting shall be held on the second Tuesday in February, and the second regular meeting shall be on the second Tuesday in September. -, BYLAWS DRAFT#3 March 9, 2000 Section 3.02. Special Board Meetings. Subject to Article VII of the Charter, special meetings of the Board may be held at any place at any time whenever called by the President or a majority of the members of the Board. Section 3.03. Notice of Regular Board Meetings. No notice of the regular meeting shall be required, except of the first regular meeting after any change in the time or place of such meeting adopted by resolution of the Board as above provided. Notice of such changed regular meeting shall be given by personal communication over the telephone to each Board member at least twenty-four(24) hours prior to the time of the meeting or by at least three (3) days notice by mail, telegram or written communication. If mailed, notice shall be mailed by United States mail, postage prepaid, to the last known address of each Board member. In addition, the Authority shall routinely provide reasonable notice of meetings to any individual specifically requesting it in writing. At any regular meeting of the Board, any business may be transacted and the Board may exercise all of its powers. Section 3.04. Notice of Special Board Meetings. Notice of all special meetings of the Board shall be given by the Director of Valley Communications Center or by the person or persons calling the special meeting by delivering personally or by mail written notice at least twenty-four (24) hours prior to the time of the meeting to each Board member, to the Mayors of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila and to each local newspaper of general circulation and to each radio or television station that has requested notice as provided in RCW 42.30.080. In addition, the authority shall provide notice of special meetings to any individual specifically requesting it in writing. The time and place of the special meeting and the business to be transacted must be specified in the notice. Final disposition shall not be taken on any other matter at such meetings. Section 3.05. Waiver of Notice. Notice as provided in Sections 3.03 and 3.04 hereof may be dispensed with as to any member of the Board who at or prior to the time the meeting convenes files with the Board of the Authority a written waiver of notice or who is actually present at the meeting at the time it convenes. Such notice may also be dispensed with as to special meetings called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or, damage, where time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. Notice, as provided in Article IX of the Charter concerning proposed amendments to the Charter or Bylaws and votes on such amendments, may not be waived. Section 3.06. Notice to City Council. Notice of all meetings and minutes of all meetings of the Board shall be given to the City Council of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila by giving notice to the City Clerk of each of the foregoing Cities. -2- P:\CMWICMW4CI 03/14/00 BYLAWS DRAFT#3 March 9, 2000 ARTICLE IV AMENDMENTS TO CHARTER AND BYLAWS Section 4.01. Proposals to Amend Charter and Bylaws. 1. Proposals to amend the Charter or Bylaws shall be presented in a format which strikes over material to be deleted and underlines new material. 2. Any Board member may introduce a proposed amendment to the Charter or to the Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting. Section 4.02. Board Consideration of Proposed Amendments. If notice of a proposed amendment to the Charter or to the Bylaws, and information including the text of the proposed amendment and a statement of its purpose and effect, is provided to members of the Board prior to any regular Board meeting or any special meeting of which advance notice has been given, then the Board may vote on the proposed amendment at the same meeting as the one at which the amendment is introduced. Germane amendments to the proposed amending within the scope of the original amendment will be permitted at the meeting at which the vote is taken as provided in the Charter. Section 4.03. Vote Required for Amendments to Charter or Bylaws. Resolutions of the Board approving proposed amendments to the Charter or Bylaws require an affirmative vote of a I majority of the Board members voting on the issue, provided that such majority equals not less than three votes. Section 4.04. City Council(s) Approval of Proposed Charter Amendments. Proposed Charter amendments shall be submitted for consideration to each of the City Councils of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila and shall take effect only if approved by ordinance approved by the Kent City Council and the City Councils of at least three other Cities. Section 4.05. Effective Date. Amendments to the Bylaws are effective upon adoption by the Board. ARTICLE V ADMINISTRATIVE PROVISIONS 4 Section 5.01. Books and Records. Valley Communications Center, on behalf of the Authority, shall keep current and complete books and records of account and shall keep minutes of the proceedings of its Board and its committees having any of the authority of the Board. The proceeds of any borrowing by the Authority shall be held, invested and disbursed by Valley Communications Center, subject to the terms and limitations established pursuant to the Interlocal Agreement. Valley Communications Center shall provide a regular accounting of the financial affairs of the Authority to the Board at each regular Board meeting. The obligations of -3- PxCM nCMMCI 03114w BYLAWS DRAFT#3 March 9, 2000 the Authority shall be administered by Valley Communications Center, and Valley Communications Center is hereby designated and delegated with full authority to administer such obligations, all in a manner consistent with the Interlocal Agreement. Section 5.02. Indemnification of Board Members. The Authority elects to defend and indemnify its present and former board members and officers and their successors, spouses and marital communities to the full extent authorized by law and the Charter. In addition, the right of indemnification shall inure to each Board member or officer and his or her spouses and marital communities upon his or her appointment to the Board and the event of his or her death shall extend to his or her heirs, legal representatives and estate. Each person who shall act as Board member or officer of the Authority shall be deemed to do so in reliance upon such indemnification and such rights shall not be exclusive of any other right which he or she may have. Section 5.03. Principal Office. The principal office of the Valley Communications Center Development Authority shall be 23807 98`h Avenue South, Kent, Washington 98031. Section 5.04. Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and end December 31 of each year, except the first fiscal year, which shall run from the date the Charter is issued to December 31, 2000. ARTICLE VI APPROVAL OF BYLAWS APPROVED by Ordinance adopted by the City Council of the City of Auburn on April 3, 2000; Ordinance adopted by the City Council of the City of Federal Way on March 21, 2000; Resolution adopted by the City Council of the City of Kent on March 21, 2000, and Ordinance adopted by the City Council of the City of Kent on May 2, 2000; Ordinance adopted by the City Council of the City of Renton on March 28, 2000; and Ordinance adopted by the City Council of the City of Tukwila on April 3, 2000. -4- PACLW AcM40 03114100 e Kent City Council Meeting Date March 21 , 2000 Category. Other Business 1 . SUBJECT: HAZARDOUS SUBSTANCES ZONING CODE AMENDMENT - DIESEL FUEL TANKS ZCA-2000-2 - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of this ordinance would exempt diesel fuel tanks for stationary, on-site, oil burning equip- ment in non-residential zoning districts and further exempt these fuel tanks up to 6, 000 gallons in capacity for essential governmental facilities in residential zones . This ordinance also establishes a five-foot landscape buffer around all above- ground diesel fuel tanks over 500 gallons . Emergency back-up generator systems, and sufficient amounts of diesel fuel to fuel the generators that support these back-up systems, have become a necessary part of many high technology businesses . A number of these businesses have requested this amendment to the Kent Zoning Code to allow for larger diesel fuel tanks for these industries and also for certain governmental facilities . Although exempted from certain zoning code regulations, these tanks will still be subject to all requirements of the Uniform Fire Code . 3 . EXHIBITS: Ordinance; memo; 2/28/00 staff report with attached exhibits; Land Use &Planning Board minutes of 2/28/00 4 . RECOMMENDED BY: Land Use and Planning Board (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION:a Councilmember W moves, Councilmember (QJvt� seconds to adopt Ordinance No. 3S O amending the hazardous substance regulations as outlined in the Zoning Code Amendment, as recommended by the Land Use and Planning Board, ctrik cur a yru� ,,O �-� . DISCU ION: ACTION: ynC Council Agenda Item No. 7A ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, exempting certain diesel fuel tanks exclusively intended for use on stationary, on-site, oil burning equipment from City of Kent hazardous substance zoning code regulations and also establishing a five-foot landscape buffer for all above-ground diesel fuel tanks with a capacity exceeding 500 gallons. WHEREAS, diesel fuel is a recognized hazardous substance under the Washington Administrative Code; and WHEREAS, the Kent City Code regulates the placement and size of iesel fuel tanks under its hazardous substance zoning code regulations; and WHEREAS, certain businesses and governmental facilities within the City of Kent now require back-up generators to provide electricity to their businesses so hat they may maintain uninterrupted connections to the internet and other data ansmission links; and WHEREAS, in order for these businesses and facilities to be assured that hey will be able to generate a sufficient amount of electricity for a sufficient amount of 1 Hazardous Substance—Diesel Fuel Exemptio ime, they have sought exemptions from the capacity requirement for diesel fuel tanks at are exclusively intended to serve stationary, on-site, oil burning equipment(such as lectrical power generators); and WHEREAS, at the City of Kent Land Use and Planning Board public Baring on this matter, held on February 28, 2000, the Land Use and Planning Board approved the exemptions for diesel fuel tanks established in this ordinance; and WHEREAS, according to the testimony of Lieutenant Michael Evans, ssistant Fire Marshall for the City of Kent, the removal of the City of Kent hazardous ubstance zoning code regulations would not affect the Fire Department's authority under e Uniform Fire Code to sufficiently and safely regulate the presence of these tanks ithin the City of Kent; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT DOES HEREBY RDAIN AS FOLLOWS: SECTION I. —Section 15.08.050 is amended by adding a new subsection 5.08.050(D)(9)(k): Sec. 15.08.050. Performance standards. k. Performance standards defined. Performance standards deal with the operational aspects of land uses. While performance standards shall apply to all land uses within the ity, they are primarily concerned with the impact of industrial development upon the nvironment. Continued compliance with the performance standards shall be required f all uses, except as otherwise provided for in this title. No land or building in any istrict shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition. The following elements, if created, may become dangerous, injurious, noxious or otherwise objectionable under the ircumstances, and are then referred to as dangerous or objectionable elements: 2 Hazardous Substance—Diesel Fuel Exemptio 1. Noise, vibration or glare. 2. Smoke, dust, odor or other form of air pollution. 3. Heat, cold or dampness. 4. Hazardous substances and wastes. B. Nonconforming uses. Uses established before the effective date of this title and nonconforming as to performance standards shall be given three (3) years in which to onform therewith. C. Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of any dangerous and objectionable lements shall be made at the location of the use creating the dangerous or objectionable lements and at any points where the existence of such elements may be more apparent referred to in the section as "at any point'); provided, however, that the measurement f performance standards for noise, vibration, odors, glare or hazardous substances or wastes shall be taken at the following points of measurement: 1. In all districts: At the property lines or lot lines; or 2. In all districts: At the buffer zone setback line for any hazardous substance and use facility, which must be at least fifty(50) feet from any property line. Restrictions on dangerous and objectionable elements. 1. Noise. At the points of measurement specified in subsection (C) of this section,the maximum sound pressure level radiated in each standard octave band by any e or facility, other than transportation facilities or temporary construction work, shall of exceed the values for octave bands lying within the several frequencylimits given in Table I after applying the corrections shown in Table II. The sound pressure level shall e measured with a sound level meter and associated octave band analyzer conforming o standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds,Z24.3-1944, American — 3 Hazardous Substance—Diesel Fuel Exemptio tandard Specification for an Octave Band Filter Set for the Analysis of Noise and Other ounds, Z24.10-1953, or latest approved revision thereof, American Standards ssociation, Inc.,New York, N.Y., shall be used.) TABLE I. SOUND PRESSURE LEVELS IN DECIBELS Octave Band(cycles per second) Maximum Permitted Sound Pressure Level(decibels) 20—75 75 75 — 150 70 150—300 64 300—600 59 600— 1,200 53 1,200—2,400 47 2,400—4,800 40 4,800— 10KC 34 TABLE II. CORRECTION IN MAXIMUM PERMITTED SOUND PRESSURE LEVEL IN DECIBELS TO BE APPLIED TO TABLE I Type of Operation or Character of Noise Correction in Decibels Noise source operates less than Plus 5* twenty(20)percent of any one (1) hour period Noise source operates less than Plus 10* five (5)percent of any one (1)hour period Noise source operates less than Plus 15* one (1) percent of any one (1) hour period Noise of impulsive character(hammering, etc.) Minus 5 Noise of periodic character(hum, screech, etc.) Minus 5 *Apply one (1) of these corrections only. 4 Hazardous Substance—Diesel Fuel Exemptio 2. Vibration. No vibration shall be permitted which is discernible without nstruments at the points of measurement specified in this section. 3. Odors. No emission shall be permitted of odorous gases or other odorous atter in such quantities so as to exceed the odor threshold at the following points of easurement. The odor threshold shall be defined as the concentration in the air of a gas r vapor which will just evoke a response in the human olfactory system. a. Industrial park district, Ml. Odorous matter released from any peration or activity shall not exceed the odor threshold beyond lot lines. b. Limited industrial district, M2. Odorous matter released from any peration or activity shall not exceed the odor threshold beyond lot lines. C. General industrial district, M3. Odorous matter released from any peration or activity shall not exceed the odor threshold beyond the district boundary or roe hundred (500) feet from the lot line, whichever distance is shortest. 4. Glare. No direct or sky-reflected glare,whether from floodlights or from igh temperature processes such as combustion or welding or otherwise, so as to be isible at the points of measurement specified in subsection(C) of this section shall be ermitted. This restriction shall not apply to signs or floodlighting of buildings for dvertising or protection otherwise permitted by the provisions of this title. 5. Radioactivity or electrical disturbance. The regulations of the federal ccupational safety and health standards shall apply for all radioactivity and electrical isturbance unless local codes and ordinances supersede this federal regulation. 6. Fire and explosion hazards. The relevant provisions of federal, state and ocal laws and regulations shall apply. 7. Smoke, fly ash, dust, fumes, vapors, gases and other forms of air pollution. The standards of the Puget Sound Air Pollution Control Agency, Regulation or those regulations as may be subsequently amended, shall apply. 8. Liquid or solid wastes. No discharge of any materials of such nature or emperature as can contaminate any water supply, interfere with bacterial processes in 5 Hazardous Substance—Diesel Fuel Exemption ewage treatment or otherwise cause the emission of dangerous or offensive elements , hall be permitted at any point into any public sewer, private sewage disposal system or Cream, or into the ground, except in accord with standards approved by the State apartment of Ecology or other appropriate state agencies. 9. Hazardous substances or wastes. No release of hazardous substances or rites as can contaminate any water supply, interfere with bacterial processes in sewage eatment or otherwise cause the emission of dangerous or offensive elements shall be ermitted at any point into any public sewer,private sewage disposal system,watercourse r water body, or the ground, except in accordance with standards approved by the State Department of Ecology or other appropriate state or federal agency. The relevant rovisions of federal, state and local laws and regulations shall apply, and compliance hall be certified by applicants for permits under this title. The following site evelopment standards shall apply: a. Hazardous waste facilities shall meet the location standards for iting dangerous waste management facilities adopted pursuant to Chapter 70.105 RCW; b. Hazardous substance land use facilities shall be located at least: (1) Two hundred (200) feet from unstable soils or slopes hich are delineated on the hazard area development limitations map or as may be more recisely determined per KCC 15.08.224(B); (2) Two hundred(200)feet from the ordinary high-water mark f major or minor streams or lakes which are delineated on the hazard area development imitations map or as may be more precisely determined per KCC 15.08.224(B), horelines of statewide significance, or shorelines of the state; (3) One-quarter(1/4)mile from public parks,public recreation eas or natural preserves, or state or federal wildlife refuges; provided, that for purposes f this section public recreation areas does not include public trails; (4) Fifty(50) feet from any property line to serve as an onsite azardous substance land use facility buffer zone; 6 Hazardous Substance—Diesel Fuel Exemption (5) Five hundred(500) feet and one hundred (100) feet from residential zone and a residential unit respectively; and (6) Five hundred (500) feet from a public gathering place or gricultural land or zone, in the case of a nonagricultural hazardous substance land use Facility; C. Hazardous substance land use facilities shall not be located in a ne hundred (100) year floodplain; d. Hazardous substance land use facilities which are not entirely nclosed within a building shall provide a type I solid screen landscaping of a width of t least ten (10) feet in the hazardous substance facility buffer zone required by ubsection (b)(4) of this section; e. Aboveground hazardous substance land use facilities shall be onstructed with containment controls which will prevent the escape of hazardous ubstances or wastes in the event of an accidental release from the facility, and shall meet federal, state and local design and construction requirements; f. Underground hazardous substance land use facilities shall meet Federal, state and local design and construction requirements; g. Hazardous substance land uses shall comply with Article 80 of the niform Fire Code as revised in 1988 and thereafter; h. Hazardous substance land uses shall provide for review and pproval by the city fire department of a hazardous substance spill contingency plan for mmediate implementation in the event of a release of hazardous substances or wastes t the facility; i. Hazardous substance land uses should use traffic routes which do of go through residential zones; and j. Hazardous substance land uses in the O,NCC, CC and DC zones hall be entirely enclosed within a building: and: (k) Without limiting the application of the Uniform Fire Code to iesel fuel tanks above and below 2round diesel fuel storage tanks exclusively intended 7 Hazardous Substance—Diesel Fuel Exemption For use on station on-site oil burning equipment such as electrical power generator ;Ystems) in all non-residential zoning districts shall be exempt from the Hazardous ubstance regulations of Section 15.08.050 and above and below ground diesel fuel anks of up to six thousand(6,000) gallons intended exclusively for use on station on- ite oil burnine a ui ment such as electrical power generator systems) in residential ones shall be exempt from the hazardous substance regulations of Section 15.08.050 for ssential overnmental facilities only. The hazardous substance zoning code regulations, ncluding the existing five hundred 500gallon limit for hazardous substances for esidential uses shall otherwise remain in force and effect. Additionally, all above zround diesel fuel tanks over five hundred 500gallons exempted by this subsection are e uired to have a five-foot minimum landscape buffer surrounding the tank to buffer the visual im acts of these tanks. Moreover, the planning director shall have the discretion o increase or modify this landsca a buffer requirement de vending u on the specific ircumstances posed by any varticular tank location. In case of conflict between any of these site development standards and the evelopment standards of specific zoning districts or other requirements of this title, the ore restrictive requirement shall apply. SECTION Z —Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall of affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. —Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after passage as provided by law. JIM WHITE, MAYOR 8 Hazardous Substance—Diesel Fuel Exemptio s ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 2000. APPROVED day of 2000. PUBLISHED day of , 2000. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK CINIONNYRCCDICICIFYCIE[iR W MR AM 9 Hazardous Substance—Diesel Fuel Exemptio CITY OF J_Q\�� JS �NVICTA Jim White, Mayor Planning Department (253)856-54541FAX(253) 856-6454 James P. Harris, Planning Director March 21, 2000 TO: LEONA ORR, COUNCIL PRESIDENT AND CITY COUNCIL MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER RE: PROPOSED ZONING CODE AMENDMENT (#ZCA-2000-2) HAZARDOUS SUBSTANCE REGULATIONS (KIVA#2000818) Following their public hearing on February 28, 2000, the Land Use & Planning Board voted to amend the hazardous substance use regulations of the Kent Zoning Code, Section 15.08.050. The Board's recommendation was a result of a regulatory review request by Valley Communications (Valley Com) to allow diesel fuel tanks in conjunction with back-up electrical generators in residential areas. The Board heard testimony by staff and other experts on the safety and environmental risk factors of diesel fuel tanks and were assured that the public health, safety and welfare would continue to be safeguarded through application of the Uniform Fire Code (UFC). Specifically, the Board voted to modify the Kent Zoning Code to do the following: 1. Exempt diesel fuel tanks for oil-burning equipment such as generators and heating equipment in non-residential zoning districts from the hazardous substance regulations of 15.08.050; 2. Exempt diesel fuel tanks for oil-burning equipment such as generators and heating equipment of up to 6000-gallons in residential zones from the hazardous substance use regulations of 15.08.050 for "essential public facilities" only; maintain the existing 500-gallon limit for hazardous substances for residential uses; and 3. Establish a 5-foot landscape buffer around all aboveground diesel fuel tanks to buffer the visual impacts of such tanks and grant the Planning Director the discretion to increase or modify this requirement relative to special or unique circumstances. The abovementioned changes would affect the Zoning Code only. The Uniform Fire Code would continue to apply to the placement, design, use, and operation of all diesel fuel tanks, whether aboveground or underground. The City Attorney's Office has drafted an ordinance, which would effectuate the amendments proposed by the Board, and is included herewith. FNSImp/pm P:WDMINIzca20002.doc CC: James P.Harris,Planning Director Tom Brubaker,Deputy City Attorney 220 4th AVE.SO., /KENT,WASHINGTON 98032-5895/TELEPHONE (253)856-5200 CITY OF LESLEI,y`J L rNViCTA Jim White, Mayor Planning Department (253) 856-5454/FAX(253) 856-6454 James P. Harris, Planning Director STAFF REPORT FEBRUARY 28, 2000 TO: JON JOHNSON, CHAIR AND LAND USE & PLANNING BOARD MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER RE: #ZCA-2000-2 PROPOSED ZONING CODE AMENDMENT — HAZARDOUS SUBSTANCE REGULATIONS, KCC 18.08.050 (VALLEY COM) Proposal: Valley Communications Center (Valley Com) proposes to relocate its facilities to a new site on Kent's East Hill. Valley Com is a multi-jurisdictional police-fire-medical services 911-dispatch center for South King County. Valley Com's proposed new site (as well as its existing site) is zoned for single family residential use. In order to ensure an uninterrupted supply of electrical power, the facility plans to install a 60OKW generator with a 5000-gallon tank of diesel fuel. Diesel fuel with a flash point less than 140-degrees F. is categorized as a hazardous substance pursuant to KCC 15.08.050. Storage in bulk of such substances in excess of 500-gallons in residential zones is not permitted. Valley Com proposes a zoning code amendment to exempt "essential public facilities" from the provisions of KCC 15.08.050. Essential public facilities would include 911-dispatch centers, fire stations, police stations, and the like. A copy of Valley Com's proposed zoning code amendment is attached at Exhibit A. An explanation of Valley Com's services and operations is also attached in Exhibit B. Background: Kent's hazardous waste/substance regulations were adopted in 1988. In short, these provisions regulate the amounts of hazardous wastes and substances, which can be stored, used, or manufactured in all the zoning districts within the City. Even in the manufacturing zoning districts, the use of hazardous substances beyond certain limits is either not permitted or allowed only after a conditional use permit. For example, in the M3 (Heavy Manufacturing) zone, the manufacturing of detergent soaps is a permitted use. However, because these types of uses usually involve substances classified as "hazardous" by WAC 173-303 (and referenced in Kent's Code), a conditional use permit is required if quantities exceed 20,000 pounds. Different limits apply in other zones. In the SR (single family residential) zones, the limit for hazardous substances is currently 500 gallons. Any quantity above this limit is not allowed. The current zoning code provisions do not allow this quantity to be increased by conditional use permit. 220 4Ih AVE.SO.. /KIXF.AA'ASIIINGGI ON 1)8032-iS05/i'YLI:PIIONIi (2?3)Sm-S'00 r #ZCA-2000-2 Hazardous Substance Regulations Zoning Code Amendment LUPB 2/28/00 Page 2 As mentioned above, diesel fuel which has a flash point less than 140-degrees F. is classified as a hazardous substance. According to industry experts, diesel fuel can be blended to maintain a flash point above 140-degrees F.; this would exempt such fuel from regulation. However, the same experts claim that most diesel fuel which is dispensed by area distributors generally has a low flash-point which would render it a "hazardous substance" by WAC definition and, therefore, would be subject to Kent's regulations. At the February 14, 2000 workshop of the Land Use & Planning Board, testimony was given by personnel from the Kent Fire Department relative to the regulation of diesel tanks by the Uniform Fire Code. The UFC is adopted by reference in Kent City Code, Section 13.02. Several sections of this code relate to and regulate the storage of diesel fuel in tanks, whether in aboveground or underground tanks. The UFC also maintains setback requirements for such facilities to safeguard against potential hazards to adjacent uses. This code was developed specifically with public safety in mind as well as potential environmental hazards which could occur as a result of spills. Spill contingency plans are required which oftentimes involves containment. Analysis: Over the past year, the Planning Department staff has noticed a marked increase in proposals involving back-up generators with accessory fuel tanks. This is particularly true with high-tech, internet service providers who rely on a constant and uninterrupted supply of electrical power. Normally, internet service provider uses are permitted outright in all of Kent's manufacturing zones without any special permit. However, because of their reliance on a constant supply of electrical power, they invariably involve generators with large tanks of diesel fuel. These types of uses have recently been drawn to the Kent area and are now facing special requirements because of this circumstance. Valley Com is a high-tech, telecommunications use, which also depends on a constant supply of electrical power. Emergency dispatch services cannot tolerate a power outage; a back-up generator allows the facility to continue emergency call services on an uninterrupted basis. In addition, City offices and other municipal functions have recently devised plans to incorporate electrical back-up generators to ensure uninterrupted service. While smaller in scale than that proposed by Valley Com, the facilities are considered paramount to maintaining services to the public during an emergency or disaster situation. The essential question in this case is whether the public's health, safety and welfare can be maintained if the zoning code regulations are changed to exempt essential public facilities such as Valley Com from the provisions of KCC 15.08.050. And, if this alternative is feasible, are there other regulations, which may be applied to mitigate against the visual and/or aesthetic impacts of such uses. When the hazardous waste/substance regulations were developed in 1988, the widespread use of diesel fuel tanks was not an issue. Furthermore, until recently, it was presumed by many City staff that diesel fuel was not a hazardous substance and, therefore, not regulated as such by KCC 15.08.050. As recently as 1995, the Regional Justice Center installed generators with diesel fuel tanks and submitted evidence that such fuel maintained a flash point above 140-degrees F., thereby exempting such facilities from KCC 15.08.050. #ZCA-2000-2 Hazardous Substance Regulations Zoning Code Amendment LUPB 2/28/00 Page 3 The Uniform Fire Code regulates diesel fuel tank location, separation from other tanks, venting, drainage, and distances to property lines based on size of tank. In addition, it requires that tanks themselves meet specified design requirements (such as UL 142 or ASME standards). The UFC specifically addresses the safety hazard presented to the public at large, as well as the environmental health risks, and its requirements are intended to reduce or eliminate these risks. An additional another layer of regulation in the zoning code regarding the placement of these facilities in the respective zoning districts may not be appropriate. Nevertheless, should these facilities be allowed, there may be a need for visual screening requirements to reduce any blighting effects such tanks may have. It should be noted here that electrical generators have certain noise impacts as well. However, noise impacts are addressed in the zoning code in the performance standards outlined in KCC 15.08.050(D)(1). Options: Several options are available to the LU&PB relative to Valley Com's proposed zoning code amendment. These options include, among others: 1. Do Nothing. The Board could decide to do nothing, maintaining the current regulations as they apply to hazardous substances. This option would retain the existing 500-gallon limit on hazardous substance regulation in the SR zones, as well as the existing limits in other zoning districts. 2. Exempt "Essential Public Facilities" from Regulation. This option would exempt essential public facilities from the hazardous substance regulations of the Kent zoning code. An exemption would apply to all hazardous substances and would not be limited to diesel fuel tanks. The substances in such tanks would be regulated by the UFC. No limits, other than those in the UFC would apply to the size and/or quantities stored. 3. Exempt Diesel Fuel Tanks Only, Place Limits on Size. This option would exempt diesel fuel tanks only from the regulations of KCC 15.08.050 for non-residential zoning districts. However, revised limits would be specified for essential public facilities in residential zoning districts. Staff would propose a maximum diesel fuel tank size limit of 6000 gallons. 4. Exempt Diesel Fuel Tanks Only, Add Size Limits and Other Regulations. Like option #3, this altemative would exempt diesel fuel tanks only, add size limits to tanks in residential zones, but also add landscaping and screening regulations to reduce visual impacts of such facilities. The same 6000-gallon limit for essential public facilities placed in residential zones would be established. 5. Eliminate Hazardous Substance Zoning Regulations KCC 15.08.050. This option would eliminate the zoning code regulations pertaining to all hazardous waste and substance uses. In effect, such uses would be regulated only by the Uniform Fire Code. The Planning Department is compelled to respond to the circumstances presented by hazardous _ substance regulations, which do not allow essential public facilities in reasonable locations due to size limits on diesel fuel tanks. Therefore, the prospect of doing nothing in Option#1 does not seem appropriate. At the same time, the proposal in Option #5 to eliminate all of the hazardous substance use regulations may comprise an overreaction to the circumstances. Therefore, staff does not recommend Option #5. #ZCA-2000-2 Hazardous Substance Regulations Zoning Code Amendment LUPB 2/28/00 Page 4 Staff does recommend limiting the code change to diesel fuel tanks only. Planning, Fire, and Facilities staff has constrained their attention to the issue of diesel fuel (and back-up generators) in the analysis of Valley Com's proposed code amendment and would not feel comfortable recommending changes to broader regulations at this time. Option #3 achieves the objective of allowing diesel fuel tanks for essential public facilities such as Valley Com, but in the process may also allow other types of hazardous substances with no limits. Although facilities such as Valley Com require a conditional use permit to locate in residential zones (and, hence, a public hearing), this is neither a reliable nor a responsible way in which to regulate substances other than diesel fuel. Options #4 and #5 address diesel fuel only, exempting diesel fuel tanks entirely in non- residential zones and placing a 6000-gallon limit in residential zones for essential public facilities only. The existing 500-gallon limit would continue for residential uses. The difference between the options is that #5 would also add certain landscaping and screening requirements to buffer the visual effects of diesel fuel tanks. While these options would exempt diesel fuel tanks from the hazardous substance regulations of the zoning code, the UFC would continue to apply to all such facilities. Therefore, the City would regulate the public safety and environmental effects of diesel fuel tanks. Staff Recommendation: The Planning Department recommends that the LU&PB recommend Option #4 to the City Council. This alternative involve the following actions: 1. Exempt diesel fuel tanks for oil-buming equipment such as generators and heating equipment in non-residential zoning districts from the hazardous substance regulations of 15.08.050; 2. Exempt diesel fuel tanks for oil-burning equipment such as generators and heating equipment of up to 6000-gallons in residential zones from the hazardous substance regulations of 15.08.050 for "essential public facilities" only; maintain the existing 500- gallon limit for hazardous substances for residential uses; 3. Establish a 5-foot landscape buffer around all aboveground diesel fuel tanks to buffer the visual impacts of such tanks and grant the Planning Director the discretion to increase or modify this requirement relative to specific circumstances. The Uniform Fire Code would continue to apply to the placement, design, use, and operation of such diesel fuel tanks, whether aboveground or underground. IICENTENNIAI USERSIPLANNINGIPUBLICIADMIM7000-2.zca.doc Enclosures cc: Jim Harris,Planning Director Fred Satterstrom, Planning Mgr. Mike Evans,Assistant Fire Marshall Charlene Anderson, Senior Planner Charlie Lindsey, Facilities Superintendent Mike Hattrup,Capital Projects Coordinator Mike Sweeney,Valley Com Project Mgr. Kevin O'Neill, Senior Planner EX#i 1 t31T A CITY OF KENT REGULATORY REVIEW - =' ==in'T MENT The Kent City Council has determined that ongoing review of the City's regulatory process is in the public's best interest. The Council wants the public to be able to participate in this review. The outline on this page is intended to give the public an opportunity to write down those things that they do not like about an ordinance or regulation.The Council will then review the public's comments and,when appropriate, make changes to ordinances and regulations. What ordinance or regulation do you want the council to review? City Land Use Code, Section 15.08.050,C.9 General and Supplementary Provisions, Performance Standards, Locations, Hazardous substances. What is it that bothers you about this ordinancetregulation? This ordinance effectively denies the placement ofessential public facilities within a single-family zone due to its restrictions relating to fuel storage. The proposed 911 dispatch center being built is an essential public facility and must have an approximate one week supply of fuel for emergency generator power in order to radio dispatch public safety personnel and mobile equipment during a power outage. Such a condition may result from weather, disaster, or other catastrophic event. The public's demand and expectation for police,fire, and merdcal assistance grows exponentially under these circumstances. It is our belief that the existing ordinance did not anticipate the need for such an exception when draftee{ as police,fire, and public works facilities are often sited within residential zonesfollowing a conditional use process. To now deny diesel fuel storage capacity would render the proposed public service faciltty inoperable in a power fail condition. 77te reliability and effective integration of emergency services delivery in South King County would be placed in serious jeopardy should the proposed 911 center be denied emergency power generation capacity. What Changes do you suggest to this ordinancetregulation? Specifically excluding either "essential public facilities"or "911 dispatch centers"from the requirements ofthe section mentioned above. Many ofthe City's existing essential facilities(one police station,fire stations and even the current 911 dispatch center)are located in single family residential zones. All of these facilities have fuel storage with some in quantities larger than we are proposing for this facility. What significance to the community will occur with your proposed change? The entire South King County community expects to be served by a 911 dispatch center that is prepared to handle emergencies during an extended power fail con&don. The proposed change will maintain this ability as we move to anew 911 center. The 911 center receives public 911 calls and dispatches Police for Kent, Renton, Tukwila,Auburn, Federal Way, Algona and Pacific. It also dispatches Fire andAid to those municipalities as well as eleven King County Fire Districts. The public served by this regional 911 center expects uninterrupted service. What effect,if any,will your proposed change have on related ordinances, regulations,plans and policies? We lmow ofno effect this proposal would have on any related issues. Essential public facilities are typically only allowed as a conditional use,so the public input and comment process is not denied Have you reviewed your concern with a City staff member? Yes, we have been encouraged by City Planners Eileen Harris and Kevin O'Neill to pursue this code revision. Do you have any general comments you wish to make? We appreciate the interest and willingness to listen that the planning department administration and our leadplanner has shown on this public safety improvement project. dame: Mike Sweeney, Valley Communications Center New Facility Project Manager&Dave Clark, Project Architect Address: 23809 9e Ave. S, Kent, WA 98031 Tel: 253-854-4320 �XH 1131T- B To: Eileen Harris, City of Kent Planning Division From: Mike Sweeney, Valley Communications Center Project Manager Re: Statistical/Demographics & Other Information Relating to Valley-Com Date: February 2, 2000 Following our meeting yesterday, you asked that I provide you with"supplementary" information relating to the Valley Communications Center's (Valley-Com) service base and certain other information relating to emergency power generation. You indicated that this information might be helpful to planning division staff as they prepare permitting reports relating to Valley-Com's proposed facility. Purpose The Valley Communications Center is a multi-jurisdictional,police fire, and medical services E-911 call receiving and dispatch services provider for the citizens and public safety responders of the South King County region. Our facility's mission can be characterized as of a telecommunications purpose—our operations are driven functionally by the integration of phone, data, and radio communications technologies. Our unique and highly trained "specialty"position classified staff are all "civilians"—none are police or fire personnel, nor do police or fire personnel stage,respond, or work at our facility. Organization The Valley Communications Center has served the public and emergency services agencies of South King County for twenty-four years. "Valley-Com"was formed in 1976 pursuant to an Interlocal Operating Agreement between the "founding"municipalities of Kent,Renton, Auburn, and Tukwila. In 1993 the organization was legally and administratively reclassified as a"governmental administration agency"pursuant to RCW 39.34.030 (3) (b). Recently,the City of Federal Way has become a "charter member"municipality upon application to and approval of the four"founding"agencies. Manaeement and Fundine The Director of Valley Communications Center(pursuant to articles of incorporation) is appointed by and reports to the agency's "Administrative Board". The Administrative Board is comprised of the Mayors our five "charter cities"—Kent,Renton, Auburn,Tukwila, and(recently)Federal Way. The agencies operating, capital, and complete costing needs function from an accounting perspective as an Enterprise Fund. Valley-Com's budget—developed, approved, and annually reviewed by the Administrative Board —is self-supporting through the assessment of user fees based upon a calls-for- services charging ratio. As a multi jurisdictional dispatch center, certain levels of operational standardization across all of the jurisdictions we serve is necessary. Operational, as opposed to management oversight, is achieved through an Operations Board comprised of user agency police and fire chiefs. Scale of Valley-Com's Operations Valley-Com is the second largest dispatch center in the State of Washington, and the states largest consolidated multi-jurisdictional dispatch center. Our service population exceeds 580,000 residents in a 350 square mile service area. We dispatch approximately 380,000 police, fire, and medical calls annually, and receive roughly 750,000 E- 911 and business phone calls each year. 24 municipal and countywide agencies are served through our consolidated dispatch center. Consolidated centers are advocated for the economies of scale and efficiencies they bring in the use of public funds and in staffing competence. Valley-Com presently serves 9 police agencies(Kent,Renton, Auburn, Tukwila, Federal Way, Des Moines,Algona, Pacific, Black Diamond), 14 municipal and regional King County fire districts, and six King County Medic-1 medical response zones (counted as one agency). 1 Regional E-911 Nenvork for Catastrophic Events: "Essential Facility" There are, within the King County Wide E-911 "Emergency Services Network", five large dispatch centers. Seattle Police and Fire (separate operations); King County Sheriffs Office, Eastside (Bellevue) Communications Center, — and Valley-Com. "Back-up"operating agreements exist between these dispatch centers due to their criticality. Current and future planning efforts, to include technology and facility systems designs, equipment standards, and redundancies,advance the capacity to"transfer"(re-routing technologically) E-911 and radio systems operations between them.Though Valley-Com is limited in its current space and emergency power configuration—the new facility incorporates features to provide for essential facility operations in such catastrophic conditions. Existing Facility Service Limitations, Future Expansion,Existing Emergency Power Our existing 6000 square foot facility was occupied in 1985, when our staffing level approximated 25 personnel. Today we employ 87 personnel working in storage, conference rooms,portable trailers, and closets,not originally intended for that purpose. Our proposed new facility will be approximately 24000 square feet. Within the last year we have refused sources of additional revenue—arguably against the interests of public cost savings—by our refusal to contract services to the Federal Way Fire Department and three other fire agencies in the Highline/Vashon/Sea-Tac area(Zone 4). This refusal is based wholly upon the lack of space in this building. We simply have no space (not to mention parking) into which to place additional console dispatch and call taking workstations and technology infrastructure, for these(and potentially other) agencies that desire our services. Generally, the larger the number of contracting agencies we serve,the lesser the operating costs to each user and the greater the cost savings to our"charter member"municipalities. We have, however,negotiated contracts with those agencies that will engage upon our move to the new facility. The new facility has been sized for at least a 20-year occupancy. The facility's operational backbone—the communications center—has been sized to include space for approximately 3 3%workstation growth for future dispatch and call taking workspace functions. Additionally, the communications center and administrative areas have been sited on the property with future remodel/expansion ability within setback limitations. Future increased workloads relating to present customer annexations will be addressed through internal growth. Opportunity does exist for new incorporations to seek contracts with us, or for other regional cities currently contracting with King County Police who we do not provide dispatch services for(Covington, Maple Valley,New Castle,Enumclaw)to seek our services in the future. Finally, our existing facility,originally built with a lone emergency generator for what was then routine power, was installed before the advent of today's microprocessing technologies which have directly impacted our telecommunications operations and electronic data processing systems. Our operations are phone,data, and radio network(towers and microwaves) dependent—and to the public essential, critical, and not fault-tolerant. The standards for redundancy,reliability, and performance of our technology and facility are equaled by few organizations. Since originally built, we have retrofitted a supplementary generator to handle some (but not all) of its electrical loads. We presently have two small generators powering only low level building lighting, our primary and backup CPU 's, the E-911 phone system, and essential pieces of our radio network infrastructure. In a power fail condition our existing generators do NOT summly any HVAC functions within our building and due to undersizing risk compromise of"routine" data and voice radio onerations normally emploved by our police, fire, and medical services responders. Our existing generators can operate in a power fail condition approximately 5 days—but in a "vulnerable to risk"mode. Emergency Generator Power For the New Facility Ours is an essential public facility, acting as the "point of origin" for publicly demanded emergency services which through communications(phone,radio, data) drive the region's police, fire, and medical responses. Once services are dispatched, inter-and-intra-agency resource response integration and coordination becomes our primary function. As directed, we assign,monitor, and electronically archive incident activity in our role as intermediary communicators to the public safety agencies we serve. Our facility, structurally, will exceed conventional seismic standards for that very purpose—we will comply with seismic zone 4 standards for the structural integrity of our facility. 2 As an essential facility with high criticality risk based upon our mission, the public and public safety responders' reliance upon our services increases exponentially in time of power failure,regional disaster, or other natural or man-made catastrophic event. We must sustain operations in the interest of public safety when typical business and industry may dismiss a workforce or exercise choice to discontinue operations. In a prolonged power outage condition, absolute certainty in resource supply and delivery (electricity, fuels, water) cannot be guaranteed. Conventionally, public safety agencies advocate to the public in the context of emergency management,that they should prepare for a minimum of 3 days of self-sustaining supply. In the case of this region's 911 dispatch center, it is our belief that the public expects a higher level of preparedness—to the point of a reasonable (cost-conscious) maximum duration, optimizing the ability to provide emergency services in the region. In such conditions,police and fire facilities themselves are generally less occupied, as their units are field assigned to active events.The reverse of that logic applies in the case of a dispatch center—which functions as the "hub" for field operations and upon which the public and emergency service providers are extremely dependent. You have asked me to provide you with a profile of what some other public safety provider facilities have designed in terms of the duration of emergency power generation before fuels sources are spent. Typically, emergency power generation for"public safety"facilities takes the form of grade 2 diesel and a storage tank.Natural gas,propane, gasoline are used less often for evident reasons. Before I present the data please remember that the duration of emergency power is a function of not only the size of the storage tank,but the anticipated percentage rate of facility use in combination with building size and HVAC and electrical loads. The size of the emergency power generator also drives the rate of fuel consumption. A skyscraper, as an illustration,may have a 20-day supply of fuel in the form of a 100-gallon tank only to provide emergency exit lighting. I suggest that police and fire stations themselves have a considerably lesser emergency power demand than does our proposed facility. Our facility and its technologies are extremely and heavily electrically dependent. The power service supplied to our new facility is sized at 800 Amps.We anticipate the purchase of a 600KW Generator which consumes at full load 47.5 gallons per hour/ 1140 gallons per day. At full load a 5000-gallon tank will yield 4.4 days of run time. The facilities estimated 24 hour average demand is not full,but at 66% of full load. At this rate a 5000-gallon tank(completely full)will yield 6.6 days of generator power. 1. The Kent Fire Department has facilities provided with emergency power runtime lasting 4.62, 8.26, 3.59, 3.80, and 7.83 days.The Fire Headquarters facility has a 10,000-gallon tank but the runtime of the generator for the facility was not provided. 2. I have asked staff at the Eastside, Seattle, and Olympia dispatch centers to provide me with generator runtime data for their facilities. At time of writing I have not received return phone calls placed 5 hours ago. I will inform once I receive response from all agencies. 3. The City of Kent Police Department has a 200 gallon diesel power generator which at 3.8 gph yields 2.2. days of full load runtime. Kent City Hall has a 100 gallon propane tank which at 3.8 gph yields 1.1 days of runtime. The City of Kent is in the midst of procuring two 600KW generators relacing all existing and adding power supply to the Centennial Building. A 4000 gallon above ground tank is proposed along with a generator building. Thank you for the opportunity to offer this memorandum to advance accurate public information and in our own hopes of expediting this project's timelines . . . Respectfully, M.P. Sweeney,New Facility Project Manager Valley Communications Center 23807 98`h Avenue South Kent, Washington 98031 3 Kent City Code 15.OS.050 8. Liquid or solid wastes. No discharge of any (5) Five hundred (500) feet and one hun- materials of such nature or temperature as can con- dred (100) feet from a residential zone and a resi- ta. aerial dential unit respectively; and pr cause (6) Five hundred(500) feet from a public th EXHINT fi - ments gathering place or agricultural land or zone, in the sh Dublic case of a nonagricultural hazardous substance land se ream, use facility; or into the grouna, except in accord with standards c. Hazardous substance land use facilities approved by the State Department of Ecology or shall not be located in a one hundred (100) year other appropriate state agencies. floodpWn; 9. Hazardous substances or wastes. No d. Hazardous substance land use facilities release of hazardous substances or wastes as can which are not entirely enclosed within a building contaminate any water supply, interfere with bac- shall provide a type I solid screen landscaping of a terial processes in sewage treatment or otherwise width of at least ten(10) feet in the hazardous sub- cause the emission of dangerous or offensive ele- stance facility buffer zone required by subsection ments shall be permitted at any point into any pub- (b)(4) of this section; lic sewer, private sewage disposal system, e. Aboveground hazardous substance land watercourse or water body,or the ground,except in use facilities shall be constructed with containment accordance with standards approved by the State controls which will prevent the escape of hazard- Department of Ecology or other appropriate state ous substances or wastes in the event of an acciden- or federal agency. The relevant provisions of fed- tal release from the facility, and shall meet federal, eral, state and local laws and regulations shall state and local design and construction require- apply, and compliance shall be certified by appli- ments; cants for permits under this title.The following site f. Underground hazardous substance land development standards shall apply: use facilities shall meet federal, state and local a. Hazardous waste facilities shall meet the design and construction requirements; location standards for siting dangerous waste man- g. Hazardous substance land uses shall agement facilities adopted pursuant to Chapter comply with Article 80 of the Uniform Fire Code 70.105 RCW; as revised in 1988 and thereafter; b. Hazardous substance land use facilities h. Hazardous substance land uses shall pro- shall be located at least: vide for review and approval by the city fire depart- (1) Two hundred (200) feet from unsta- ment of a hazardous substance spill contingency ble soils or slopes which are delineated on the haz- plan for immediate implementation in the event of and area development limitations map or as may be a release of hazardous substances or wastes at the more precisely determined per KCC 15.08.224(B); facility; (2) Two hundred (200) feet from the i. Hazardous substance land uses should ordinary high-water mark of major or minor use traffic routes which do not go through residen- streams or lakes which are delineated on the hazard tial zones; and area development limitations map or as may be j. Hazardous substance land uses in the O, more precisely determined per KCC 15.08.224(B), NCC, CC and DC zones shall be entirely enclosed shorelines of statewide significance, or shorelines within a building. of the state; In case of conflict between any of these site (3) One-quarter (1/4) mile from public development standards and the development stan- parks, public recreation areas or natural preserves, dards of specific zoning districts or other require- or state or federal wildlife refuges; provided, that ments of this title, the more restrictive requirement for purposes of this section public recreation areas shall apply. does not include public trails; (Ord. No. 2801, § 18, 9-6-88; Ord. No. 2808, § 9, (4) Fifty (50) feet from any property line 10-18-88; Ord. No. 3285, § 1, 3-19-96) to serve as an onsite hazardous substance land use facility bufferzone; 15-103 Land Use and Planning Board Minutes February 28, 2000 _ Page 3 #ZCA-2000-2 HAZARDOUS SUBSTANCES ZONING CODE AMENDMENT Mr. O'Neill stated that this amendment relates to changes to the current zoning regulations relating to hazardous substances land use siting. He stated that the applicant is Valley Communications Center known as Valley Com. Mr. O'Neill stated that the applicant proposes relocating their facility to Kent's East Hill and will require back up generator power with a 5000-gallon tank of diesel fuel. Mr. O'Neill stated that diesel fuel meets the definition in the Washington State Administrative Code of a hazardous substance because it has a flash point of less than 140 degrees fahrenheit. Mr. O'Neill stated that the Zoning Code currently doesn't allow hazardous substances in access of 500 gallons in residential zoning districts; hence, the need for the amendment. Mr. O'Neill stated that the Uniform Fire Code has regulations relating to diesel tanks, which includes tank location, setbacks, and separation from other tanks and venting. Mr. O'Neill stated that Valley Com brings this amendment forward for purposes of emergency dispatch. He stated that it is critical that Valley Com has availability for power 24 hours per day in the case of loss of electricity. Mr. O'Neill stated that the following five alternatives were discussed at workshop: ♦ To not change the regulations, thereby disallowing the applicant to relocate their facility on the proposed East Hill site. ♦ To exempt "essential public facilities"from the hazardous substance regulations of the Kent Zoning Code as requested by the applicant. Mr. O'Neill stated that the definition of an "essential public facility" would need to be clarified and stated that this term is used in the Growth Management Act. He stated that this alternative would exempt all hazardous substances for those types of facilities. ♦ To exempt diesel fuel tanks only and places limitations on size. Mr. O'Neill stated that staff recommends limiting the diesel fuel tank size to 6000 gallons as the Uniform Fire Code sets this limitation as a threshold. ♦ Exempt diesel fuel tanks only, add size limits to tanks in residential zones and add landscaping and screening regulations to reduce visual impacts of such facilities. Similar to Alternative Three (3), but would add additional landscape provisions. ♦ Eliminate hazardous substance zoning regulations entirely; regulate those uses only by the Uniform Fire Code. Mr. O'Neill stated that staff has focused on the use of diesel fuel and how it is regulated. Mr. O'Neill stated that the analysis section on page four of the staff report has the options numbered incorrectly. He stated that Option#3 should read as Option#2, and Options #4 and#5, addressing diesel fuel only, should read as Options #3 and #4. Mr. O'Neill stated that Option #5 would eliminate the hazardous substance regulations from the zoning code entirely. Mr. O'Neill stated that Planning staff recommends Option 4 to exempt diesel fuel tanks only from the hazardous substance regulations of 15.08.050 and adding a 6000-gallon tank size limitation. Mr. O'Neill stated that staff recommends adding other regulations relating to buffering above ground tanks. Terry Zimmerman MOVED and David Malik SECONDED to open the public hearing. Motion carried. Mike Sweeney, 23807 98th Avenue S, Kent, WA 98031 stated that he is the project manager for the Valley Communications Center new facility and that he is accompanied by Dave Clark, the project architect with Dave Clark Architects. Mr. Sweeney stated that he not only represents a publicly owned organization as Valley Communications Center but speaks on behalf of over 580,000 people served through the I ICENT£NNIAI USERSIPLANNINGIPNfOTTRAMI USERDATAI L UPBIM/NUTESI000228,nn.doc Land Use and Planning Board Minutes February 28, 2000 -- Page 4 emergencies communications industry in South King County who rely on our services in a critical circumstance or regional catastrophic event. Mr. Sweeney stated that Valley Com employs 87 staff who works twenty-four hours per day, 365 days per year and mimics the staffing of a police or fire organization. Mr. Sweeney stated that Valley Com is known in the industry as a Public Safety Answering Point. Mr. Sweeney stated that Valley Cont receives calls, dispatches,coordinates and integrates the field response of Police, Fire and Medic I personnel in this region via phone, radio or electronic data communications equipment which relies heavily on the need for electrical power. Mr. Sweeney stated that the Valley Communications Center is the States largest multi jurisdictional dispatch center provider for State and Regional Emergency-911 service for the cities of Auburn, Kent, Renton, Tukwila and Federal Way, as well as fourteen additional fire districts located in the South King County region. Mr. Sweeny stated that their building is referred to as an "essential public safety facility"in some codes and as a telecommunications facility under some regulations. Mr. Sweeney stated that Valley Com answers 780,000 emergency 911 and business related phone calls per year as well as dispatches 380,000 calls per year. He stated that an emergency generator along with a 5000- gallon capacity diesel tank is necessary to guarantee that the Valley Com facility can continue to operate in case of a power fail condition for between 4.4 and 6.6 days. Mr. Sweeney stated that diesel is the most stable of all fuels that can be considered for this application. Mr. Sweeney stated that the diesel tank is located beneath ground with safety measures which include double- walled vapor detection electronics with alarm flags and a routine monitoring system that is displayed on an enunciator panel located in Valley Com's operation's room staffed continually. Mr. Sweeney stated that the generator's fuel supply lines are located inside the building and designed with duel flexibility. Ron Harmon questioned why it was necessary for the applicant to locate their facility within the East Hill single family residential area when numerous commercial buildings are available in Kent negating the necessity for this zoning change request. Mr. Sweeney stated that in order to site a facility like Valley Com, the owners determined that they would need approximately 24,000 square feet of building space to meet their current needs and expansion potential for over the next twenty years. Mr. Sweeney stated that the site for the facility need to meet the following criteria: ♦ There needs to be an optimal line of sight relationship between our radio tower currently built on that site and the remaining towers that exist in the King County emergency communications infrastructure, so elevation is important. ♦ The facility can not be located in a flood plain, such as certain areas in the valley where many commercial buildings predominate. ♦ The facility can not be located in proximity to a rail or industrial site where there might be a risk of chemical exposure or accident that occurs relatively often in the Valley floor ♦ The facility can not be located in a high-risk seismic zone, which excludes the Valley due to the liquefaction factor that occurs. Mr. Sweeney stated that the Valley Com facility is constructed to comply with Zone 4 seismic standards, which are higher then conventional standards. ♦ The facility needs to be located on the West or East Hill to eliminate the seismic, flood plain and the rail transportation concerns. II CENTENNIA LUSERSIPLANNINGI PMOTTRAMI USERDA TAIL UPBIMINUTESI000228mn.doc Land Use and Planning Board Minutes February 28, 2000 Page 5 ♦ The facility needs to be located within the region where services are provided such as Kent, Renton, Tukwila, Auburn and Federal Way which limits some site locations. ♦ The site needs to be located in close proximity to transportation corridors for the convenience of staff and clientele. ♦ Mr. Sweeney stated that Valley Com must optimize their expenditure of public funds. Mr. Sweeney stated that based on these criteria, a professional and national land acquisition firm was hired who identified 25 to 30 facilities in Kent. Mr. Sweeney stated that many of these facilities were unsuitable due to their location within the Valley and because many buildings were constructed of concrete tilt-ups which would be costly to brace to seismic standards. Mr. Sweeney stated that Valley Com decided against buying an existing facility and searched for a three to five parcel site on the East or West Hill. He stated that a site was chosen at 108th and the 277th corridor. Steve Dowell questioned if the double walled diesel tank was housed in a vault. Mr. Sweeney stated that the diesel tank is not in a vault but that it is double walled and located under ground which satisfies code requirements, UL codes and building codes. David Clark, 11737 SE 256th Place, Kent, WA 98031 stated that the Valley Com facility is located at the intersection of 108th, approximately 80 feet vertically above the 277th Corridor within a residentially zoned area. Mr. Clark stated that the school in this area is 609 feet from the facility with the nearest structure located 350 feet away from the fuel tank. Mr. Clark stated that the fuel lines which run from the diesel fuel tank into the building are designed as a two walled system with one supply line set inside a secondary containment system line fitted with a detection device to provide another level of protection for the supply lines. Bruce Creager, 18215 72nd Ave S., Kent, WA 98032 stated that he works with Barghausen Consulting Engineers on the MCI World Com project currently under review by the City of Kent. Mr. Creager stated that MCI is proposing a 100,000 square foot warehouse to house servers and computers to facilitate its Internet operations for the MCI World Com facility. Mr. Creager stated that this facility is one of 15 locations nationwide with the nearest other location in San Jose, California. He stated that the location chosen by MCI is an industrial area in the Green River Corporate Park selected to complement the industrial warehouse character of the building. Mr. Creager stated that part of the MCI operation would include placing a series of emergency generators together with above ground diesel storage tanks. He stated that emergency generators are critical to providing uninterrupted service, data transmission and network access. Mr. Creager stated that the emergency generators would be tested on a monthly basis and operational only in case of an emergency outage of power. Mr. Creager stated that MCI is a provider of life safety communications and intends to minimize and or to prevent any data loss or transmission that may occur as a result of a localized outage that could effect a regional network of information. He stated that he supports staff s recommendation to exempt diesel fuels from the hazardous substance regulations in the Kent Zoning Code. Brad Bell MOVED and David Malik SECONDED to close the public hearing. Motion carried. Assistant Fire Marshal, Lieutenant Michael Evans stated that one of the major differences for selecting underground tanks is not necessarily the regulations, but rather the desire for the proponent to get around I I CENTENNIA I USERSI PLANNINGI PMOTTRAMI USERDATA I L UPB I MI NUTES 1000228mn.Aoc Land Use and Planning Board Minutes February 28, 2000 Page 6 some of the insurance needs for above ground tanks. Lieutenant Evans stated that aboveground tanks are more susceptible to physical damage, where fuel would spill and affect the environment or present a more catastrophic danger such as a fire. Lieutenant Evans stated that the Fire Code has regulations for both underground and above ground tanks. Lieutenant Evans stated that diesel fuel does not evaporate like gasoline and it will typically not migrate from the location where it spilled, even with the presence of water on top of it. Mr. Evans stated that if contamination were to occur, it would be at or near the tank and that more damage could occur to the - environment with a below ground tank leakage. Lieutenant Evans stated that he believes the proponent for Valley Corn is indicating using fiberglass tanks. In response to Mr. Harmon, Mr. O'Neill stated that a 5000 gallon limitation would work for the specific applicant's purposes. However, staff recommends the Uniform Fire Code's existing threshold of 6000 gallons for diesel fuel tanks. Ron Hannon MOVED and David Malik SECONDED to recommend approval of Option 4 to #ZCA-2000-2 Hazardous Substance Zoning Code Amendment as follows: ♦ exempt diesel fuel tanks for oil-burning equipment in non-residential zoning districts from the hazardous substance regulations of 15.08.050; and ♦ exempt diesel fuel tanks for oil-burning equipment of up to 6000-gallons in residential zones from the hazardous substance regulations of 15.08.050 for "essential public facilities" only; maintaining the existing 500-gallon limit for hazardous substances for residential uses; and ♦ Establish a 5-foot landscape buffer around all aboveground diesel fuel tanks to buffer the visual impacts of such tanks and grant the Planning Director the discretion to increase or modify this requirement relative to specific circumstances. Motion CARRIED unanimously. ADJOURNMENT . Ron Harmon MOVED and Brad Bell SECONDED to close the meeting. Motion carried. The meeting adjourned at 8:10 p.m. Res ectfully Submitted, ! ' James arris Sec r ary II CENTENN/AI USERSIPLANNLNGI PMOTTRAMI USERDATAI LUPBIM/NUTES1000228,nn.doc REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE x G. ADMINISTRATIVE REPORTS Cr-0-0 AC4 Y1p JiP4d PLAN iv iiV G COMMITTEE MINUTES FEBRUARY 7, 2000 COMMITTEE MEMBERS PRESENT: Chair Tom Brotherton, Judy Woods, Tim Clark STAFF PRESENT: Jim Harris, Kevin O'Neill, Fred Satterstrom, Dena Laurent, Tom Brubaker, Justin Osemene, Jackie Bicknell The meeting was called to order by Chair Tom Brotherton at 5:00 PM. The Plannine Committee Process Committee Chair Tom Brotherton said one of the things that has to be considered is how to make policy work between the Planning Committee, the Land Use & Planning Board, the full Council, and staff. Staff already has a work plan for the next year, part of which is looking at the Comprehensive Plan and recommending updates. Mr. Brotherton said the Committee should work as hard as possible to get as many citizens and stakeholders involved in that process as soon as possible. He described a recommended three-step review process for topics that would give the Committee background information, include stakeholders' opinions, and engage citizens in a roundtable discussion. The concept is to have two meetings where citizens can gather information and be educated on the process and the issues; then staff would come back to Committee with preliminary recommendations and the issue would be discussed again before a final recommendation was made to the full Council. Council and staff may come up with their own list of policy issues to be reconsidered. The lists would be put together to identify the highest priority issues and a plan laid out for the next two years that reviews the Comp Plan, goes through policy issues with a citizen review process, and then rolls those issues into the full Comprehensive Plan for implementation. Planning Manager Fred Satterstrom said it is extremely important to do what the Council intends to be done. Checking with policy makers up front before undertaking a project, and getting direction from the Council for the goals to be accomplished are extremely important. The advantage of having a Planning Committee separate from Public Works is more time for general early discussions about the work program. Mr. Satterstrom said the process Mr. Brotherton described is essentially the planning process that staff uses. Stakeholder groups are formed of people who have a vested interest in the outcome. A stakeholder may be the Chamber of Commerce, the general citizenry, or developers. By including the stakeholders in the process, criticisms will be known before the public hearing and can be addressed in the proposal. Even if the stakeholders do not get what they want, their concerns have been considered and a reasoned alternative given. Council has the final say, but in many matters, the Land Use & Planning Board will have made a reasoned recommendation beforehand. Tom Brotherton said one of the concepts of putting together a long-term plan is letting people know ahead what will happen so they can be prepared to address the issues. Committee Member Tim Clark commented that it is very difficult for citizens to accept the changing nature of their neighborhoods, especially if they have been in a particular Planning Committee,2MOO Page 2 state for a long period of time. In recent years the City has had to cope with greater —. density of housing, smaller lot sizes, and other issues that staff will continue to have to work through. Mr. Clark said his concern was that the process be used as a tool to educate the citizens about what the City is currently doing, and to let them know there will be a struggle in accomplishing solutions to some issues, particularly those dealing with transportation congestion. Mr. Brotherton said it was important to get the priorities straight in the beginning and to decide what the most important things were to consider and do first. Fred Satterstrom noted that the Planning Department puts together a work program for projects. He handed out a copy of the most recent Planning Services Division Work Program and said that although the program is usually an annual schedule, the current one was put together for an 18 month period for the last half of 1999 and the year 2000. Staff uses the target issues, identified by Council at its annual retreat, to formulate the work program, and includes also mandates required by law. The first part of the work program is long range planning that forecasts the number of hours estimated for each project. Mr. Satterstrom described particulars relating to some of the projects such as the Commuter Rail Study, Downtown Zoning, Downtown Strategic Action Plan Revisions and Update, Zoning Code Amendments, the Subdivision Code, Neighborhood Design Strategy, and Downtown District Design Guidelines. He said underlying all of the projects are the target issues that the Council identified in their 1999 retreat. The work program is only a best guess in terms of how much time it will take to complete projects, who might be involved, and how resources will be committed to achieve Council targets and the mandates. Committee Member Judy Woods said more information for the citizens could be given out by using the City's Public TV channel, the Kent Reporter, and other tools such as the City's web page. Updates, meeting times and places, and where certain input would be appropriate could be made available. Letters or email communications would be welcome if people could not come to the meetings. By giving different opportunities for input, more input can be secured and people made to feel more comfortable because formal public settings can be intimidating to some. Tom Brotherton said the process is something that both the Land Use & Planning Board and the Committee should share and integrate together. He asked that staff consider how that could best be worked out, with the next order of business being a work plan to decide topics and dates for new policies. Staff could start soliciting input from effective people as soon as possible. Mr. Satterstrom commented that staff pretty much knows what items will be going to the Land Use & Planning Board and could relay that information to the Committee. New policies or new programs would be completely up to the Council. The Land Use & Planning Board should function as it always has, taking general direction from the Council and carrying that out in the way they best see fit. For example, Council may want to amend the City Code for some reason; they know the objective, but don't necessarily know how to achieve it or how the regulation should be written. The matter goes to the Land Use & Planning Board who holds hearings and comes up with a recommendation, and with minor modifications, the recommendation may be adopted by Planning Committee, 2/7/00 Page 3 the Council. The Land Use & Planning Board has provided the research and public participation arm so that, hopefully, Council doesn't have to start new deliberations. The Land Use & Planning Board does not create its own work program but carries out the will of the Council. Tom Brotherton said that in setting up the Planning Committee and getting it fully integrated into the existing system, there may be times for public hearings or receiving input by the Committee who would then take that input and make a recommendation based on everything it has learned. Or, maybe the Committee would just consider the recommendation of the Land Use & Planning Board. The information should be put in front of the public and discussed with them before a recommendation is made, and there may be a problem in getting a recommendation from one body before the Committee can receive the public input. Planning Director Jim Harris stated that the Land Use & Planning Board had been set up to be the hearing body, and the Planning Committee should not be conducting quasi hearings. Mr. Harris said it is proper for the Committee to hear from the public, but there is a point to trust that staff knows where the Council wants to go, and to allow them to move forward. Staff moves internally to send things on to the Land Use & Planning Board where there may be a series of hearings. If Staff and the Land Use & Planning Board have done their homework and have done a good job listening to the stakeholders, the hearing will have essentially been held for the Committee. Some people may want more input and it would have to be determined to what degree modifications would need to be made, but the critical mass would have been done by the Land Use & Planning Board. Tom Brotherton agreed with Mr. Harris, but said he wasn't quite clear on the way to accomplish that objective. He suggested sitting down and talking with those who want to participate to find a way to optimize the use of all resources. Mr. Brotherton said the goal for the next meeting would be to come up with an outline of a long term plan, incorporating what the Land Use & Planning Board will be doing and what the Committee and Council will be doing. Judy Woods recommended that staff bring an outline of the work in progress and the already listed workshops and hearings for the Committee to go over to get an idea of what would be anticipated down the road. Five Year Update of the Comprehensive Plan Senior Planner Kevin O'Neill said staff is embarking on the first comprehensive overview and update of the Comprehensive Plan that was adopted by the Council in April, 1995. An update is warranted at this time as there have been several changes in the region since 1995. The Regional Transit Plan has been adopted and Kent will have a commuter rail station operating, hopefully, later this year. The Endangered Species Act has impacted Chinook salmon and will definitely have an impact on land use in Kent, and there have been incorporations and annexations of other cities around Kent such as those of Covington and Maple Valley. The Growth Management Act requires a comprehensive update by the year 2002 and every five years after that. The Plan is only relevant if it's kept up-to-date, and the City has about 30,000 more population now than in 1995. In the Population Trends and Planning Committee, 2/7/00 Page 4 Forecast Chapter of the original Plan, the City was projected to be 60,250 people by the year 2010. That was 10 years and 15,000 people off from the actual, as the City is already over 70,000 people. The forecast was correct at that time because the City limits ended at 116`h. The community is also more diverse now than then and socioeconomic factors are different. Mr. O'Neill said Kent is probably the most dynamic community in the Puget Sound Region in terms of changes wrought, and it's necessary to go back and update some of the assumptions of the original Plan such as the basic demographic profile of the City, the projections and forecasts used by City staff and the community in capital improvement planning, and transportation planning. The Comprehensive Plan is also a tool used to show the community and the Council what has been done since 1995. The City has done a good job of implementing the Plan in terms of the annexations and growth that have happened. Household and employment targets outlined in the Plan have happened pretty much on schedule, although they happened faster because the City is bigger. That creates the opportunity to analyze what may need to be emphasized more in the future, or to see what wasn't done as good as it should have been in implementing the Comp Plan. The schedule that staff has laid out anticipates a 15 month process, but that depends on how many issues get flushed out and how much work needs to be done. All of the inner City departments have been briefed on the project and each department will dedicate staff to it so it's not just a Planning Department project. Probably the most important thing being done right now is receiving input from the public. The Growth Management Act identifies docketing as a way of asking people what they think needs to be in the Plan. Staff has prepared a one page docketing form for citizen comments which can address anything from specific changes to the land use plan map to Council's paying more attention to affordable housing. There will be an information article in the next issue of the Kent Reporter due out next week, and staff is putting out a brochure to send to community groups and other agencies that will also be available at the Planning Department counter. Over the next two months, the City will solicit suggestions via e- mail, and information on the update process will go out over the City's Public TV Channel Staff has identified those things that need to be updated in the Plan and work will start in the next few months on the technical aspect of updating population and employment forecasts. Other things will need to be identified early on so all City departments will have a common understanding of the anticipated growth for the City. Some things may happen that can't be anticipated right now such as annexations that could occur in the next year that would change the population forecasts. As the City limits change, the information has to be updated. Mr. O'Neill suggested that a month or two down the road after receiving comments from the public, that staff should come back and share those comments with the Committee. He also suggested that the Committee might go through a similar process this spring as was done in 1992, when staff went to the Council with a set of framework policies that led to the more detailed work that was eventually done as part of the Plan. As work moves forward, Council and staff would both be looking at the same issues. The first public process of the schedule would extend through the middle of April. After that, more substantive work would be done based on a second round of public processes and open houses. A more formal public hearing process would be held by the end of 2000 or in early 2001. Tim Clark stated that there is an opportunity to amass a great deal of accurate information and make it available in other forms of data such as the GSA Mapping capabilities. He was concerned that the City's struggle with METRO in gaining a workable bus system and the need for alternative transportation other than car, because of the cuts from Initiative 695, would be projected into the Comp update. Kevin O'Neill said that when the Comp Plan was done in 1995, staff worked with the Transit Advisory Board and the Bicycle Advisory Board so that the modeling would take the whole road network into consideration for a 2010 population to look at the impact of growth on roads. One of the biggest factors to assume is what percentage of people should be driving alone, how many walking, biking, or riding the transit system, and how to form policies to force those assumptions to happen. A big part of the project will be rerunning the modeling process for the first time since the Plan was adopted, and a critical decision to make up- front is what assumptions should be used on percentages of single occupancy vehicles versus other modes of transportation. The City is now better positioned programmatically to make some of the assumptions happen as there is a full time Commute Trip Reduction Coordinator, a full time Transportation Demand Management Coordinator, and there will be a new Transportation Engineer Manager. The City will have Sound Transit service which it did not have before, but METRO will be trickiest of all to work with because of the cuts and the general nature of their service to some of the outlying communities. Mr. O'Neill said one of the main points of growth management was to tie land use, planning, and the transportation plan together. Judy Woods asked that staff let the Committee know how it could be helpful as the Planning Department goes through the 12-18 month process of amending the Comp Plan. Tom Brotherton asked how the City had done on the original 14 goals in the Growth Management Act. Kevin O'Neill responded that from a general land use standpoint, the City has been pretty successful. As part of the countywide planning policies, each city was asked to do benchmarking or monitoring on an annual basis, and King County staff has said they consider Kent to be a city that's walked its talk in the management of accommodating housing growth. Kent has been fairly successful at getting senior housing in the downtown area, and the commuter rail should be a generator for other kinds of housing. The harder parts of implementing the Plan come at the infrastructure level like creating livable neighborhoods and/or neighborhoods where higher density housing and services work together. A lot of that has to do not just with land use and growth but with streets and sidewalks and other things. What actually happens on the ground from an infrastructure standpoint is the harder part for most cities, and with some of the programs Planning Committee,2n/oo Page 6 that Kent has initiated recently in neighborhood traffic control, etc., it is moving in the right direction. Jim Hams commented that planning is the policy dream and development is the economic situation, and it has been difficult at times to mesh the two and for planning to be partners with the economic side because it costs too much to do some of the planned things. Yet there are some wonderful things that have been done and some that are the pits, and it's not so much the fault of the Comprehensive Plan or of staff, but is the nature of planning and development. Kevin O'Neill remarked that there have been a lot of changes in the City and it's important to make sure that the Comp Plan the Council adopts will do what Council and the community wants when it comes to the future growth and change in the City. In early or mid April after the docketing session and comments from the public have been received, staff will come back and share with the Committee what was heard and will talk about policy framework with the Council. The meeting was adjourned at 5:53 PM. Jackie Bicknell City Council Secretary I PUBLIC WORKS COMMITTEE MINUTES FEBRUARY 7, 2000 COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Connie Epperly, Rico Yingling STAFF PRESENT: Bill Wolinski, Don Wickstrom, Kelly Peterson, Cyndi Wilbur, Gary Gill, Tom Brubaker, Justin Osemene, Jackie Bicknell PUBLIC PRESENT: Elsy Rust, Jim Rust The meeting was called to order by Chair Tim Clark at 4:12 PM. There were two added items: Purchase of Smith & Loveless Package Pump Station, and LID 351 Final Assessment Roll Hearing Date. Wellhead Protection Program—Adoption Public Works Director Don Wickstrom said that Kent's water supply comes from Clark Springs, Kent Springs, and Armstrong Springs. The major source of water is Clark Springs, located in unincorporated King County; Kent Springs is closer and surrounded by the cities of Black Diamond and Maple Valley; Armstrong Springs is in the City of Covington. After the City Council adopts the Wellhead Protection Program, staff will work with the other communities and the County to seek their cooperation and ask them to adopt something similar. Their cooperation and help in protecting Kent's water system is strictly voluntary on their part. Bill Wolinski, Environmental Engineering Manager for the Public Works Department, said Kent had been working with the incorporated cities and King County for the last several years in the development of the program, and those entities have been fairly receptive in considering impacts to Kent's wellhead protection areas when they have made land use decisions. Recently, Kent gave input on revisions to their Comprehensive Plans to incorporate specific language consistent with Kent's Plan in regards to rate charge and ground water pollution prevention. Connie Epperly moved to recommend authorization for Council to approve a resolution adopting the Wellhead Protection Plan. Rico Yingling seconded the motion which carried 3-0. Seattle/Kine Countv Health Department Grant Agreement Don Wickstrom said the City had received a grant in the amount of$40,370 for two city- wide Household Hazardous Waste Collection and Recycling Events. This has been an ongoing recycle program paid for by the County. Instead of the County coming into the City and doing the collections, they are paying the City to collect within City limits and the County will continue to collect in the unincorporated areas. Collections will be done at the City Shops on Russell Road with City citizens identified by a driver's license ID check. Public Works/Planning Committee,2/7/00 Page 2 Rico Yingling moved to authorize the Mayor to sign the Grant Agreement and direct staff to accept the Grant and establish a budget for $40,370. The motion was seconded by Connie Epperly and passed 3-0. Purchase of Smith & Loveless Package Pump Station Don Wickstrom said the Smith & Loveless Pump Station will be located east of 116`h and south of Kent Kangley at the same site as the old existing pump station which will be abandoned. The Pump Station will relieve all the downstream problems associated with sewage overflows into the Mill Creek system. All the City's pump stations are the same brand to keep parts and maintenance consistent and operation costs down. The equipment purchase will subsequently require a construction bid for installing the station which has a six to seven month lead time. Getting the material ahead of time would mean construction could start immediately after award of the contract. The price to purchase the station is $257,991. Lifetime of the station is typically 20 years. Connie Epperly moved to recommend authorization to full Council to purchase a Smith and Loveless Package Pump Station for the price of$257,991. The motion was seconded by Rico Yingling and carried 3-0. LID 351 Final Assessment Roll Heariae Date Deputy City Attorney Tom Brubaker said the City is finalizing construction of the 2771h Street Corridor which leads from Kent Kangley Road and 116`h Avenue SE, down 116`h and then along the 2771h Street alignment into the valley and terminating at East Valley Highway or Auburn Way North. The project is almost complete and the City is ready to form a Local Improvement District (LID) to assess approximately 600 specific properties that are benefited by the construction to help fund a portion of the cost of construction. The total amount estimated for the LID is $8 million dollars, and the total construction cost of the corridor is around $30 million dollars. The LID will pay for between 25% and 1/3 of the cost of the project. The rest of the money will come from grants and other City funds. The assessments against the various properties for LID 351 are being finalized and a hearing will be held on the final assessment amounts. Mr. Brubaker asked that Wednesday, April 12`h at 4:00 PM be set as the hearing date and that the members of the Public Works Committee be approved to act as the Board of Equalization to hold the hearing. He asked that the Committee allow for adjustment of the time of day, backwards or forwards, from the 4:00 PM time, if needed, before the item goes to the full Council for approval. The City uses the existing King County tax records to determine all property owners affected by the LID, and based on those records, notice has been provided to everyone on the LID formation. Subsequent notice of the hearing will be provided with the estimated assessment amounts between now and the 12`h of April. h" Public Works/Planning Committee,2/7/00 Page 3 Under the Growth Management Act, the City has to provide the necessary transportation infrastructure to serve the growth that's planned for the Kent area or be put in the position of having to impose a moratorium on growth. GMA requires the development and enhancement of the transportation infrastructure to meet the needs of the citizens who come to Kent and the needs of the existing citizens as well. Connie Epperly moved to set the final assessment roll for LID 351 for April 12, 2000, 4:00 PM, at City Hall and have the Public Works Committee act as the Board of Equalization. The motion was seconded by Rico Yingling and passed 3-0. The meeting was adjourned at 4:25 PM. Jackie Bicknell City Council Secretary -,, -, i � --, PUBLIC SAFETY COMMITTEE MINUTES February 8, 2000 COMMITTEE MEMBERS PRESENT: Chair Connie Epperly, Sandy Amodt, Tom Brotherton STAFF PRESENT: Debra LeRoy, Judi Mauhl,Norm Angelo, Mary Ann Kern, Ed Crawford, Arthur Fitzpatrick, Jim Miller, Dave Everett, Glenn Woods,Nancy Mathews, John Pagel, John Willits, Jackie Bicknell PUBLIC PRESENT: Susan Meldrum, Ric Meldrum, Michael Gordon Jr., Michelle Newell The meeting was called to order by Chair Connie Epperly at 4:00 PM. There were two added items to the agenda: Acceptance of FEMA Grant, and Renewal of Lease Agreement with King County Medical Services. Approval of Minutes of January 25, 2000 Committee Member Sandy Amodt moved to approve the minutes of January 25, 2000. The motion was seconded by Committee Member Tom Brotherton and passed 3-0. Bureau of Justice Administration Ballistic Vest Grant Acceptance Mary Ann Kern, Police Support Administrative Services, said the City had received a$41,695 grant over a three year period which will fund 50% of the ballistic vests that are purchased by the Police Department. Tom Brotherton moved to recommend to council acceptance of the Bureau of Justice Administration Ballistic Vest Grant in the amount of$41,695.16. Sandy Amodt seconded the motion which passed 3-0. Goals to Recovery Program Debra LeRoy, Police Department R&D Analyst, said the Goals to Recovery Program was started in September of 1999 and is on a one year trial basis. The program is a Substance Abuse Treatment Program for the inmates at the Kent Corrections Facility. Treatment has been completed with two groups and is almost complete with a third group. Ms. LeRoy said she and Police Chief Ed Crawford had attended graduations and were both very impressed with the results. It was apparent that the inmates really intended to do something with the new knowledge and skills they had gained in the program. The Goals to Recovery Program is a very valuable program and one that is supported nationwide. Studies prove that this type of treatment can reduce recidivism and give inmates the skills needed to be more productive members of society. It also cuts down on the overcrowding in jails and makes the community at whole a much safer place for everybody. Ric Meldrum, owner of Goals to Recovery, said the treatment is individualized and focuses on relapse prevention. It's a process that identifies critical warning signs for using alcohol and other drugs. The people finishing the treatment are able to recognize their own warning signs and then are able to create management strategies on ways to deal with issues when they come up. They also are able to identify issues that have always been there,before and during addiction and will be there in recovery. They are given education on the disease of addiction and ways to cope with that disease. Connie Epperly asked if the inmates volunteer for the program or if somebody at the jail chooses them for the program. Ric Meldrum said the program is strictly voluntary and the inmates can even choose to not attend once they get started. Tom Brotherton asked how successful the program was in terms of percentages of the people who take it, make it all the way through, and Public Safety Committee,2/8/00 Page 2 don't show up in the same straits again. Mr. Meldrum responded that the program is new at the , Kent Corrections Facility, with the first group beginning in September,but no one has come back into the jail system thus far. He estimated that 75-80% of those participating will remain clean and sober, and those numbers should increase as time goes on. As treatment increases, chances of recovery are greater, but the program hasn't been in existence long enough to know if anybody will come back through the program or back through the Kent Corrections facility. Connie Epperly asked if participants could continue in an Outpatient Program. Mr. Meldrum said they could, which was also voluntary as well. Sandy Amodt asked what the statistics were of relapse levels in other cities where the program has been used. Ric Meldrum said 80% of the population in County prison systems need treatment and 25% of those are actually getting treatment. 70% of the municipal jail population need treatment, but hardly any of those people are getting any kind of treatment. Kent's program is probably one of the first municipal jail programs going on right now. As far as long term numbers, there's not a lot of data that support either relapse or recovery. Mr. Meldrum said he was creating a data base that would track people for long periods of time. Former inmate Michael Gordon gave a testimonial of what the treatment program had done for him. He started treatment with the program in September and was in the first group that went through the jail. He had never done treatment before and said he thought it was one of the best choices he had ever made. Mr. Gordon also chose to do outpatient care after getting out of jail. As far as the benefits, the program helped him open up inside and allowed him to see what the triggering factors were to his drug use. He learned warning signs and what he should do when he gets to that point. He also attends Narcotics Anonymous meetings. The benefits have been great. He feels much better than before and is continuing to do treatment. Former inmate Michelle Newell said the program is a good thing for the men and women in jail. She has a two year old at home and is now able to deal with grief and loss and old issues in her life that were tearing her up before. She said she had been through a program before but wasn't ready for it at that time. A person has to be ready. This program helped open her eyes to a lot of things. The groups are small and individualized with only six to eight people involved. A lot of the other programs have too many people to be individualized and on a personal level. Tom Brotherton asked if there was anything in the facility itself that could be done to make it a better learning environment. Ms. Newell said that as a mother, having visits that weren't contact visits were horrible. Her two year old child was separated from his mother by glass and couldn't understand what was going on. Not having visits at all was better, but not seeing her child tore her up, so there was a lot of hurt and anger to deal with. Michael Gordon said he was also a parent of a two year old daughter, and while there are great programs like NA, stress management, and Goals to Recovery, there's a lack in parenting classes for offenders, especially those who commit domestic violence. Sandy Amodt asked about other programs and how they would tie into the Goals to Recovery program. Michael Gordon said the other programs are pretty general, but in the recovery programs, people work more on issues using reading materials and work assignments that help them to understand and handle their actions. Ric Meldrum publicly thanked Chief Ed Crawford, Debra LeRoy and staff at the Kent Jail for their assistance. He said staff has really been helpful, with Officer Swanson and others making it easy to do contact visits and the treatment. Mr. Meldrum said the groups are small and his work Public Safety Committee, 2/8/00 Page 3 would be more effective and would reach more people if he could do more groups. His target is other municipal jails, and he has received state approval for the Renton Jail. Debra Leroy mentioned that there would be a graduation at the jail on February 28w, 9:00 AM to Noon. She invited the Committee Members to attend. National Recognition for Block Watch Crime Prevention Team Judi Mauhl, Police Department Community Services Specialist, showed the Committee the plaque received this year from the National Town Watch Committee which awards recognition to different cities that have had a lot of participation in National Night Out Against Crime. The awards criteria includes giving a good report. This year's report included a video which was done by Kevin Sprotbery, Information Services Multimedia Tech, and played on Channel 21. The City of Kent was named l3`s in the nation of cities 100,000 and less population. Last year Kent was 17'h. Everett placed 38 and was the only other city in the State of Washington placed on the list of 50 cities in the category of 100,000 or less. Ms. Mauhl brought the report and video for the Committee to look at later. She said the report is broken up into several sections and tells about the neighborhood events, how many people were involved, covers the publicity of the event, and also has a photograph section. Last year Councilmember Sandy Amodt was excited about having attended National Night Out and started a Block Watch in her own neighborhood and Ms. Amodt will be part of next year's report. The next National Night Out is on August 1, 2000. Tom Brotherton said that one of Council's priorities last year was to work in creating more neighborhood identity within the neighborhoods and to have them centered around the Fire Stations. He asked how that would affect National Night Out. Ms. Mauhl said it would be advantageous to help pull neighborhoods together. A lot of cities have National Night Out parties in a downtown area or park. Kent's Crime Prevention Team doesn't recommend that because National Night Out is about neighborhoods coming together to actually get to know each other. Block Watch works when people know the faces of their neighbors, as they're more likely to call Police if they see somebody sneaking around they don't recognize. Citizens in Kent reporting suspicious activity is what really works for the Police Department. Tom Brotherton asked if there was anything Council could do to make it easier to get people involved. Judi Mauhl said that every year the event gets bigger and it would be wonderful to start earlier in the evening. Council had considered changing the date of their meeting so that they could participate. Ms. Mauhl suggested Council could hold the Council Meeting in one of the neighborhoods. Connie Epperly suggested that Councilmembers could go into the neighborhoods when the pre-Block Watch meetings are held. Judi Mauhl said that Sergeant Emerson had asked for more involvement from the Mayor, City Council, and the Command Staff of the Police Department. She said she would love to have someone come to the Block Watch meetings. There are now approximately 100 Block Watch groups with the hopes for 200 by National Night Out. Acceptance of FEMA Grant Fire Chief Norm Angelo said the Community Emergency Response Team Program (CERT) was started last year. The program is extremely popular but the amount of sessions had to be cut down because of funding. In trying to offset some of the cost, the Office of Emergency Management staff submitted a grant application to the State Department of the Army, and were successful in getting $1,500 to go towards paying some of the costs for the staff. The first half of this year the Fire Department will focus very strongly on getting ready to take a significant Public Safety Committee,2/8/00 Page 4 amount of City staff to Alabama for actual exercises or drills. The second half of the year new , CERT classes are planned for businesses, citizens, and City staff. Tom Brotherton moved that, subject to City Attorney's approval as to form, that this item be placed on the Consent Calendar for the February 15`h, 2000 council meeting recommending the acceptance of the grant funds of$1500, and that the Mayor or his designee be authorized to sign the contract between the Washington State Military Department and the City of Kent Office of Emergency Services. Sandy Amodt seconded the motion which carried 3-0. Chief Angelo reminded the Committee that Y2K had been a very big focus over the holidays for the City and was also a national focus. Because it was a national focus, it was tied into some Federal Emergency Management Funds. Assistant Chief John Willits said that staff worked with the State in reporting City status, functions, and handling of Y2K occurences. The State had offered a grant or reimbursement back to any agency that wanted to participate in their reporting system which consisted of filing daily reports for four days prior to New Year's and four days after as to the City's status. For the City's participation in that program, the state reimbursed the City$1,430. Renewal of Lease Agreement with Kine County Medical Services Chief Angelo said the City has resigned a contract with King County Medical Services. The City works very closely with the medics in South King County, and has hosted a couple of the units for quite some time, one at 72nd near 212ih and the other on Kent Kangley near Soos Creek. Part of the Kent facility is leased to the units and brings in approximately$8000 per year in revenue. The relationship is one of close networking and enhancement of people skills by the daily ^-T exchange of information. The net result back to the public is one of a very proactive and professional service in delivering Emergency Medical Services. The meeting was adjourned at 5:35 PM. Jackie Bicknell City Council Secretary REPORTS FROM SPECIAL COMMITTEES T l CONTINUED COMMUNICATIONS A. f�' EXECUTIVE SESSION A) Property Acquisition i "'