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Home My WebLink AboutCity Council Meeting - Council - Agenda - 09/19/2000 .•. c .... T 31 yrys- � et fty Coun tt. .Meetin y .. i. 9" A g�o %5 KENT - WAS H1',NGTbN x: Mayor .dim °mite Counci embers Leona Orr President Sandy Amodt Connie Epperly Worn Brotnertorh Judy Woods s Tim Clark Rico Yingling September 1 , 2000 z OcCie* s SUMMARY AGENDA 400 KENT CITY COUNCIL MEETING K E N T September 19, 2000 WASHINGTON 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 Rlu+.D /7kal- " 4 . PUBLIC COMMUNICATIONS A. Proclamation - Day of Concern for the Hungry B. Proclamation - Payroll Week C. Proclamation - Constitution Week D. Proclamation - Mental Illness Awareness Week E. Police Chief ' s Award of Excellence Presentation 5 . PUBLIC HEARINGS A. 2001 Budget B. Capital Facility Plan 2001-06 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Worker ' s Compensation Bank Account Ordinance - Adopt D. Single Family Development Standards in Multifamily Zones Ordinance - Adopt E . Transfer of Drug Seizure Funds - Authorize F . Washington City and County Pipeline Safety Consortium G. State of Washington Discovery Trust Grant - Accept and Amend Budget H. Kentview Pod C Bill of Sale - Accept I . Kent Education Administration Building Bill of Sale - Accept �J/. Nelson Short Plat Bill of Sale - Accept 7 . OTHER BUSINESS A. 2000 LTGO Bond Ordinance and Purchase Contract - Adopt and Approve B. Kent Downtown Design Guidelines Zoning Code Amendment - Ordinance (continued next page) SUMMARY AGENDA CONTINUED 8 . BIDS None 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION C 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 - DAY OF CONCERN FOR THE HUNGRY B) PROCLAMATION - PAYROLL WEEK C) PROCLAMATION - CONSTITUTION WEEK D) PROCLAMATION - MENTAL ILLNESS AWARENESS WEEK E) POLICE CHIEF ' S AWARD OF EXCELLENCE PRESENTATION Kent City Council Meeting Date September 19, 2000 Category Public Hearings 1 . SUBJECT: 2001 BUDGET 2 . SUMMARY STATEMENT: This is the first public hearing on the 2001 Budget . There will be one more public hearing before the anticipated adoption planned for November or early December 2000 . Public input is desired and welcome as the City prepares for the 2001 Budget . 3 . EXHIBITS• None 4 . RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 5A -- Kent City Council Meeting Date September 19, 2000 Category Public Hearings 1 . SUBJECT: CAPITAL FACILITY PLAN 2001-06 2 . SUMMARY STATEMENT: This date has been set to receive public input on the 2001-2006 Capital Facilities Plan. The Capital Facilities Plan includes all expenditures for the next six years as described in the Comprehensive Plan. This Plan is updated annually. Public input is encouraged as the City plans for future capital facilities and infrastructure improvements . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director (Committee, Staff , Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 5B CONSENT CALENDAR 6 . City Council Actionn: ^ / ' Councilmember k^Vv/ w moves, Councilmember 4 seconds that Consent Calendar Items A throughj'be approved. Discussion Action 6A. Approval of Minutes . Approval of the minutes of the regular Council meeting of September 5, 2000 . 6B. Approval of Bills . Approval of payment of the bills received through August 31 and paid on August 31, after auditing by the Operations Committee on September 12 , 2000 . Approval of checks issued for vouchers : Date Check Numbers Amount 8/31/00 500789-501099 $ 358 , 317 . 53 8/31/00 501100-501595 2 , 205 , 445 . 92 $2 , 563 , 763 . 45 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5 , 2000 : Date Check Numbers Amount 9/5/00 Checks 246337-246686 $ 294 , 896 . 06 9/5/00 Advices 99720-100382 905, 584 . 73 $1, 200, 480 . 79 Council Agenda Item No. 6 A-B Kent, Washington September 5, 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, Police Chief Crawford, Fire Chief Angelo, Public Works Director Wickstrom, Parks Director Hodgson, and Planning Manager Satterstrom. Approximately 25 people were at the meeting. CHANGES TO THE AGENDA Other Business Item 7B was added by Councilmember Epperly; Continued Communications Item 11A was added at the request of Ryan Zuloff . Bruce White asked that Consent Calendar Item 6I be removed from the Consent Calendar. Woods said that Item 6I has already been discussed at length and that Council should move ahead on it . AMODT MOVED to remove Item 6I from the Consent Calendar and place it Other Business for discussion. Yingling seconded. The motion failed with only Amodt in favor. PUBLIC COMMUNICATIONS Employee of the Month. Mayor White announced that Cliff Craig, Financial Planning Manager, has been selected as Employee of the Month for September. He noted that Craig is a team player, and gives 100% of himself to the citizens of Kent and his co-workers . Assistant Finance Director Hillman thanked Craig for all the fine work he has done in the Finance Department and offered his congratulations . Mayor White added his appreciation for Craig ' s help . CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A though P. Woods seconded and the motion carried, with Epperly abstaining from the vote on Item I and with Amodt voting in opposition to Item I because of concerns about the additional funding. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . Approval of the minutes of the regular Council meeting of August 15, 2000 . 1 Kent City Council Minutes September 5, 2000 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6J) Surplus Vehicles . DECLARE certain vehicles no longer needed by the City as surplus and authorize the sale thereof at the next public auction, as recommended by the Public Works Committee . (CONSENT CALENDAR - ITEM 6N) 1999 Overlays . ACCEPT the 1999 Overlays contract as complete and release retainage to M. A. Segale upon standard releases from the State and release of any liens, as recommended by the Public Works Director. The original contract amount was $558 , 287 . 25 . The final construction cost was $479, 706 . 85 . (CONSENT CALENDAR - ITEM 60) Kentview Sewer Lift Station, Bill Of Sale. ACCEPT the Bill of Sale for Kentview Sewer Lift Station submitted by Kentview LLC for continuous operation and maintenance of 730 feet of sanitary sewer improvements and release bonds after the expiration period, as recommended by the Public Works Director. The project is located adjacent to Frager Road in Parcel `L' of the Kentview development . (CONSENT CALENDAR - ITEM 6P) Kentview Pedestrian Bridge, Bill Of Sale. ACCEPT the Bill of Sale for Kentview Pedestrian Bridge submitted by Kentview LLC for continuous operation and maintenance of 180 feet of sanitary sewer improvements and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at S . 216th Street and Frager Road. PLANNING (CONSENT CALENDAR - ITEM 6K) Residential Property Boundary Adiustment. APPROVAL of the proposed boundary line adjustment and authorization for the Mayor to execute the necessary documents associated with the boundary line adjustment of Lots 8 and 9 of the Benson Highlands Subdivision together with a grant of a portion of the wetland buffer area reserv- ing a restrictive easement with the necessary wetland restrictive rights as determined by the Public 2 Kent City Council Minutes September 5, 2000 PLANNING Works Director, as recommended by the Public Works Committee . The house constructed on Lot 9 was inadvertently built on one of that lot ' s property lines, leaving no side yard setback area. To rectify the situation to make both lots conforming, the lot line between Lots 8 and 9 needs to be adjusted and a portion of the wetland buffer, now owned by the City, will be deeded back to the owner of Lot 8, reserving an easement in favor of the City that will still protect the wetlands and their buffer. (CONSENT CALENDAR - ITEM 6L) Country Club Village Division Two Final Plat. APPROVAL of staff ' s recommendation with conditions of the Country Club Village Division 2 Final Subdivision #FSU-98-15 (Kiva #2001104) and authorization for the Mayor to sign the final plat mylar. The final plat application was submitted by Baima & Holmberg, Inc . /Shupe Holmberg for the Country Club Village Division 2 Final Subdivision #FSU-98-15 (Kiva 42001104) . The Hearing Examiner issued the Findings with conditions on the preliminary plat on May 19, 1999 and Order on Request for Reconsideration on June 4, 1999 . (CONSENT CALENDAR - ITEM 6M) Hazelwood Meadows Final Plat. APPROVAL of staff ' s recommendation with conditions of the Hazelwood Meadow Final Subdivision #FSU-96-24 (Kiva 42001593) and authorization for the Mayor to sign the final plat mylar. The final plat application was submitted by Lakeridge Development , Inc. for the Hazelwood Meadow Final Subdivision #FSU-96-24 (Kiva #2001593) . The Hearing Examiner issued the Findings with conditions on the preliminary plat on May 14 , 1997 . (CONTINUED COMMUNICATIONS - ITEM 11A) (ADDED) Hillside Manor Plat SU-96-26 and 96th Avenue Street Connectivity. Ryan Zuloff, 24502 98th Avenue South, distributed a handout and displayed copies on the 3 Kent City Council Minutes September 5, 2000 PLANNING overhead regarding the Hillside Manor Plat . He said there is no street connectivity to 96th Avenue South within the Hillside Manor plat, which means that citizens living on 98th Avenue South will have to take more than their fair share of traffic generated from this development and future cul-de-sacs which will be proposed. He noted that the City' s Comprehensive Plan Policy TR-5 . 5 limits the development of new cul-de-sacs to situations where continuation of the road at some time in the future is unlikely, and that the City Code says that a proposed subdivision and dedication shall not be approved unless the city finds that appropriate provisions have been made for connectivity of streets . Zuloff noted that this plat has been to the Hearing Examiner and has been approved. He requested that the City place a stop work order on the plat, require the applicant to resubmit a new subdivision application and SEPA form, thereby starting the public notification and comment period, and comply with City policy and code regarding street connectivity. Orr stated that the Hearing Examiner' s condition requires that a public notice be placed on 96th Place South stating that it ' s temporarily dead-ended and required to be extended northerly upon future develop- ment, and that the map has no provision for extension. It was determined that staff will review the matter and report back to Mr. Zuloff and the Council . (OTHER BUSINESS - ITEM 7A) Single Family Development Standards in Multifamily Zones, Zoning Code Amendment ZCA-2000-4 . On May 2, 2000 the City Council requested that the Land Use & Planning Board review the development standards for single family development in multifamily districts . The Land Use and Planning Board held a public hearing on this issue on July 24 , 2000 and recommends that the zoning code be amended to allow reduced minimum lot width and side yard setbacks for single family residential development in all multifamily zoning districts under certain condi- tions . 4 Kent City Council Minutes September 5, 2000 PLANNING Planning Manager Satterstrom explained that the Board' s recommendation is to reduce the minimum lot width to 25 ' and to have an option allowing down to a 3 ' minimum side yard requirement which would have special fire code requirements . He added that going less than 5 ' and having the special fire requirements necessitates the State Building Council approval . Satterstrom and Lubovich answered questions from the Mayor and Councilmembers clarifying this issue. Orr said she prefers Option 2 because she has a concern about the lot widths being less than 30 ' and the type of development that might occur there . Clark agreed with Orr. BROTHERTON stated that the reason for this is to allow building on small , odd-shaped lots, and MOVED to approve the Land Use and Planning Board' s recommendation to amend the Kent Zoning Code to allow reduced minimum lot width and side yard setbacks for single family residen- tial development in all multifamily zoning districts under certain conditions, and to direct the City Attorney to prepare the amending ordinance . Epperly seconded. Yingling said that developers require this flexibility in order to use small and odd-shaped lots . Clark did not agree and Orr said most of the small and odd-shaped lots are not zoned multifamily. Brotherton pointed out that this is also an affordable housing issue . Orr did not agree, noting that the additional fire protection would add to the cost . Amodt spoke in favor of the Board' s recommendation because of the affordable housing element . Brotherton' s motion to approve then carried with Clark and Orr opposed. PUBLIC SAFETY (OTHER BUSINESS - ITEM 7B) (ADDED) EMS Resolution. Epperly explained that in 1997 the EMS levy failed, and that King County asked voters to approve the levy and that they would find alternative funding out of existing tax dollars . She said the alternatives given were a 6-year, a 10-year or a permanent tax levy, and opined that King County needs to prioritize their funding for this exceptional regional service . EPPERLY noted that the Operations Committee voted to reaffirm the City' s original 5 Kent City Council Minutes September 5, 2000 -. PUBLIC SAFETY resolution, MOVED to reaffirm the City' s original resolution encouraging finding alternative funding out of existing tax dollars . Yingling seconded. Clark said that EMS services are basis essential services, but that there are not many funding options . He agreed with Epperly that this should be a part of the King County budget . Brotherton agreed. Woods and Orr also spoke in favor of the motion and commended Epperly, McFall and Chief Angelo for their efforts . Epperly' s motion then carried. POLICE (CONSENT CALENDAR - ITEM 6H) FY2000 Local Law Enforcement Block Grant Application. AUTHORIZATION to apply for FY2000 Local Law Enforcement Block Grant (LLEBG) funds . The Police Department has prepared an application for grant funding through the LLEBG. In an effort to utilize up-to-date methods of instruction, the Police Department, in partnership with the Information Technology Department , is developing a plan to implement computer based training (CBG) . The plan involves the delivery of mandatory, repetitive training modules to 192 commissioned and civilian employees, who work 24/7 shifts with a wide variety of job skills , and do it efficiently and effectively with measurable learning . An advisory committee will be established to include a member from the Police Department, School District, Prosecutor ' s Office, and a member of the community representing a non-profit organization. The LLEBG is in the amount of $81 , 890 and would be funded in 2001 . The grant requires 10% matching funds from the City. City funds for the matching amount would total $8 , 189 and the LLEBG would provide $73 , 701 for a total of $81, 890 . PUBLIC MARKET (CONSENT CALENDAR - ITEM 6I) Kent Downtown Public Market Development Authority Funding. APPROVAL of the Kent Downtown Public Market 6 __, Kent City Council Minutes September 5, 2000 PUBLIC MARKET Development Authority' s request for funding in the amount of $16, 000 in the year 2000, and $48, 000 in the year 2001, and inclusion of the 2001 appropriation in the Mayor' s proposed budget, as recommended by the Operations Committee . Epperly abstained from voting on this item, and Amodt voted against it . Later in the meeting, AMODT MOVED that Bruce White be allowed to speak on his concern. Her motion died for lack of a second. PARKS (CONSENT CALENDAR - ITEM 6F) IAC/LWCF Grant For Clark Lake Park. ACCEPT the $252 , 187 Land and Water Conservation Funds grant (LWCF) from the Interagency Committee for Outdoor Recreation (IAC) and amend the land acquisition budget, as recommended by the Parks Director. The IAC awarded the $252 , 187 LWCF grant for acquisition of 38 acres at Clark Lake Park. INFORMATION TECHNOLOGY (CONSENT CALENDAR - ITEM 6G) Purchase Of Personal Computers . ACCEPT the quote of $56 , 254 . 80 for the purchase of 37 Hewlett-Packard Pentium III computers from Hylink Technology, and authorize the Mayor to execute the necessary contract documents, as recommended by the Operations Committee. As part of the Technology Plan, the City made a commitment to an ongoing replacement program for personal computers . This purchase is part of the program, and replaces 37 of the oldest computers in the City. This purchase will replace the Pentium-120 and Pentium-133 computers in the City. Monitors are not included because monitors were upgraded in an earlier purchase . FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through 8/15/00 and paid on 8/15/00 after auditing by the Operations Committee on 8/15/00 . 7 Kent City Council Minutes September 5, 2000 FINANCE Approval of checks issued for vouchers : Date Check Numbers Amount 8/15/00 500001-500284 $1, 321, 486 . 77 8/15/00 500285-500788 3 , 191 , 625 . 00 $4 , 513 , 111 . 77 Approval of checks issued for payroll for 8/1/00 through 8/15/00 and paid on 8/18/00 : Date Check Numbers Amount 8/18/00 Checks 24564-246336 $ 310 , 708 . 67 8/18/00 Advices 99098-99719 939 , 782 .49 $1, 250, 491 . 16 (CONSENT CALENDAR - ITEM 6C) Capital Facility Plan. SET September 19, 2000, as the date for the public hearing on the Capital Facility Plan. (CONSENT CALENDAR - ITEM 6D) 2001 Annual Operating Budget. SET September 19, 2000 , as the date for the public hearing on the 2001 Annual Operating Budget . (CONSENT CALENDAR - ITEM 6E) I-695 Add Back Budget Change. AUTHORIZE a 2000 budget change to add back funding for two firefighters, two patrol and one legal attorney position for $175, 418 with funding from I-695 Add Back Funds, as recommended by the Operations Committee at their August 15th meeting. REPORTS Council President. Orr reminded Councilmembers of the next Suburban Cities dinner and noted that the Council web pages will be ready at the end of the week. Operations Committee. Yingling noted that the next meeting will be held at 4 : 30 p .m. on September 19 . Public Safety Committee. Epperly noted that the next meeting will be on September 12 at 5 : 00 p.m. 1 8 Kent City Council Minutes September 5, 2000 REPORTS Public Works. Clark announced that the only meeting in September will be held on the 18th at 5 : 00 p.m. Planning Committee. Brotherton noted that the September meeting has been cancelled. Parks Committee. Woods noted that the committee will meet at 4 : 00 p.m. on September 12 . Administrative Reports. McFall reminded Councilmembers of an executive session of approximately 15 minutes regarding property acquisition. EXECUTIVE SESSION The meeting recessed to executive session at 7 :47 p.m. and reconvened at 8 : 15 p.m. ADJOURNMENT ORR MOVED to adjourn at 8 : 15 p.m. Woods seconded and the motion carried. Brenda Jaco CMC City Clerk 9 Kent City Council Meeting Date September 19, 2000 Category Consent Calendar 1 . SUBJECT: WORKER' S COMPENSATION BANK ACCOUNT ORDINANCE - ADOPT 2 . SUMMARY STATEMENT: Adoption of Ordinance No. repealing Ch. 3 . 05 of the Kent City Code, entitled "Worker' s Compensation Bank Account" and amending Ch. 3 .41 of the Kent City Code by adding a new section, entitled "Worker' s Compensation Bank Account . " The principle purpose of the ordinance is to increase the fund from $20 , 000 to $35, 000 to accommodate the numerous transactions from the account . The ordinance also reallocates the Worker' s Compensation Bank Account section from Ch. 3 . 05 to Ch. 3 .41, the chapter relating to other operating accounts . Finally, the ordinance reformats Ch. 3 . 41 of the Kent City Code. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Operations 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. 6C I ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing Chapter 3.05 of the Kent City Code, entitled "Worker's Compensation Bank Account," and amending Chapter 3.41 of the Kent City Code by adding new sections entitled "Worker's Compensation Bank Account" adjusting the amount of the fund and making other related amendments. WHEREAS, the current amount allocated to the worker's compensation bank account by the Kent City Code is often insufficient to cover the authorized expenditures for worker's compensation claims; and WHEREAS, increasing the amount of funds in the worker's compensation bank account will better provide for funds in the worker's compensation account to cover anticipated worker's compensation claims; and WHEREAS, revising the code to include the worker's compensation bank account section with the chapter 3.41 relating to general accounts will simplify the code; NOW THEREFORE, 1 {Yorker's Compensation Bank Account THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.05 of the Kent City Code, entitled "Worker's Compensation Bank Account," is hereby repealed in its entirety. I it SECTION 2. Chapter 3.41 of the Kent City Code is hereby amended to read as follows: CHAPTER 3.41. GENERAL ACCOUNTS III i i Sec. 3.41.010. Personal cash advances prohibited. In no event shall any fund or account be used for personal cash advances secured by check or other I.O.U. PART 7 C14ANGE ACCOUNT- See. 3.41.020. Change account. A. See. 3�0.. Created. There is hereby established in the office of the finance director a special account to be known as the change account. B. See.. 3.'�. Amount and authorization. The amount of the change account shall be three thousand five hundred dollars (53,500). The finance director is hereby authorized to establish and administer the account. DART 2 PET-TV CASH ACCOUNT Sec. 3.41.030. Pettv cash account. A. See. 2�t 11.300. Created. There is here herebv established a special account to be known as the petty cash account. 2 Worker's Compensation Bank Account B. See. 3moo. Amount. The amount of the petty cash account shall not exceed three thousand three hundred dollars ($3,300). The finance director is hereby authorized to establish and administer the account. C. See. 3.41.320. Reimbursement. The finance director is authorized to issue checks by way of reimbursement to the petty cash fund whenever necessary to keep the account solvent, but in no event less often than once per month. A reimbursement voucher shall accompany each payment to the account with receipts substantiating the expenditures attached thereto. PART DT 4 GAMBLING BUY ACCOUNT Sec. 3.41.040. Gambline buv account. A. See.. 3.41.400. Created. There is hereby established in the office of the finance i director a special account to be known as the gambling buy account. it B. See. 3.41. 10—Amount and authorization. The amount of the gambling buy account shall not exceed two thousand dollars ($2,000). The finance director is hereby i authorized to issue a check for up to that amount transferring funds from the general account to the gambling buy account. The police chief and the finance director agree that the actual amount or cash in the account on a regular basis will be kept at a minimum, as good business practices would suggest. C. See. 3�1. 21.0. Application for use. The funds of the gambling buy account shall be for the use of the police department gambling enforcement activities. Application for the use of such funds shall be approved by the chief of police and submitted to the finance director. PART UT C CONTROLLED BT SUBSTANCE BUY A!'!`lIU Sec. 3.41.050. Controlled substance buy account. A. See. 3."�. Created. There is hereby established in the office of the finance director a special account to be known as the controlled substance buy account. B. See.. 3.�r-Amount and authorization. 3 Worker's Compensation Bank Account A-.l. The amount of the controlled substance buy account shall not exceed twenty thousand dollars (S20,000). The finance director is hereby authorized to issue a check for up to that amount transferring funds from the general account to the controlled substance buy account, consistent with the amount included in annual budget. The police chief and the finance director agree that the actual amount of cash i in the account will be kept at a minimum, as good business practices would suggest. j 92. In the event of an emergency situation, as determined by the chief of i police, and upon joint approval of the chief of police and the finance director, the amount of the fund may be temporarily increased up to twenty thousand dollars (S20,000) for the duration of the emergency period. The finance director is authorized to deposit such funds to the controlled substance buy account as is necessary to raise the account to the approved amount. C. See.. 3.41,5�—Application for use. The funds of the controlled substance buy account shall be for the use of the police department controlled substance law enforcement activities. Application for the use of such funds shall be approved by the chief of police and submitted to the finance director. PART L FLASH MONEY ACCOUNT Sec. 3.41.060. Flash monev account. A. See.3.41:600. Created. There is hereby established in the office of the finance director a special account to be known as the flash money account. B. See. 3-t1 61—Amount and authorization. The amount of the flash monev account shall be one hundred thousand dollars (SI00,000). The finance director is hereby authorized to issue a check in that amount transferring funds from the general account to the flash money account. C. See. 3vc�stiwsv—Application for use. The funds of the flash money account shall be for the use of the police department law enforcement activities. Application for the use of such funds shall be approved by the chief of police and submitted to the finance director. 4 Yorker's Compensation Bank Account PART DT 'f INVESTIGATIVE BUV ACCOUNT- Sec. 3.41.070. Investieative buv account. A. See.. 3.41.700.Created. There is hereby established in the office of the finance fflanagefdirector a special account to be known as the investigative buy account. B. See.. 3.''�^. Amount and authorization. Al. The amount of the account shall not exceed ten thousand dollars (S 10,000). The finance manager-director is hereby authorized to issue a check for up to that amount transferring funds from the general account to the investigative buy account. The police chief and the finance managerdirector agree that the actual amount of cash in the account on a regular basis will be kept at a minimum as good business practices would suggest. 132. In the event of an emergency situation, as determined by the chief of police, and upon joint approval of the chief of police and the finance managerdirector, I the amount of the fund may be temporarily increased up to twenty thousand dollars (S20,000) for the duration of the emergency period. The finance managerdirector is authorized to deposit such funds to the investigative buy account as is necessary to raise the account to the approved amount. C. See. 3-31.720. Application for use. The funds of the investigative buy fund account shall be for the use of the police department's investigative enforcement activities not immediately known to be narcotics or gambling related, the furtherance of which requires the expenditure of funds. Application for the use of such fund shall be approved by the chief of police and submitted to the finance managefdirector. PART 4 ENIERGENC-V DCTTV CASH ACCOUNT Sec. 3.41.080. EmerQencv pettv cash account. A. See.. 3.41.7300. Created. There is hereby established in the office of the finance director a special account to be known as the emergency petty cash account. r- 5 Yorker's Compensation Bank Account B. See. 3.^�—Amount and authorization. The amount of the emergency petty cash account shall not exceed ten thousand dollars ($10,000). The finance director is hereby authorized to issue checks for up to that amount transferring funds from the general account to the emergency petty cash account. i C. See. 3:41.759. Application for use. The funds of the emergency petty cash i account shall be used for emergency purposes as determined and approved by the mayor and his or her designee. The finance director is hereby authorized to administer i the account for those purposes. I Sec. 3.41.090. Worker's compensation bank account. A. Created. There is hereby established in the office of the finance director a special account to be known as the worker's compensation bank account with simatory authoritv by the chief administrative officer, finance director, and/or their designees. B. Amount and authorization. The amount of the worker's compensation bank account shall be thirtv-five thousand dollars ($35,000). The finance director, or his or her designee, is herebv authorized to transfer funds from the worker's compensation fund to the worker's compensation bank account in amounts necessary to cover all approved pavments for worker's compensation claims. C. Application for use. The funds of the worker's compensation bank account shall be for the use of the city and/or the city's authorized agent for payment of city workers compensation claims. Application for payment out of this account shall be approved by the emplovee services director, or desi,"ee, and submitted to the finance director, or designee, for pavment. SECTION 3. — Sei,erahility. 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. 6 Worker's Compensation Bank Account SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage and publication as provided by law. JIM WHITE, MAYOR ATTEST: i j BRENDA JACOBER, CITY CLERK jAPPROVED AS TO FORM: I ROGER LUBOVICH, CITY ATTORNEY PASSED: day of 12000. APPROVED: day of 2000. P[BLISHED: day of 2000. I hereby certify that this is a true copy of Ordinance No. passed by the Citv Council of the Citv of Kent, Washington, and approved by the %favor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P Cnd Ordnance WorkmCuMHankAccoum doc 7 Worker's Compensation Bank Account Kent City Council Meeting Date September 19 , 2000 , Category Consent Calendar 1 . SUBJECT: SINGLE FAMILY DEVELOPMENT STANDARDS IN MULTIFAMILY ZONES ORDINANCE - ADOPT 2 . SUMMARY STATEMENT: As approved by the City Council at its September 5, 2000 meeting, adoption of Ordinance No. amending the zoning code to allow reduced minimum lot width and side yard set backs for single-family residential development in all multifamily zoning districts under certain conditions . The side yard option set forth in the ordinance is contingent upon the approval of the Washington State Building Council . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: City Council and Land Use & 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: 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, amending sections 15.04.170 and 15.04.180 of the Kent City Code to allow reduced minimum lot width and side yard set backs for single-family residential development in all multifamily zoning districts. WHEREAS, on May 2, 2000, the Kent City Council requested that the Land Use and Planning Board review the development standards for single-family development in multifamily districts; and WHEREAS, the Land Use and Planning Board held a public hearing on this issue on July 24, 2000, and voted to recommend that the zoning code be amended to allow reduced minimum lot width and side yard set backs for single-family residential development in multifamily zoning districts; and WHEREAS, on September 5, 2000, the City Council approved the Land Use and Planning Board's recommendation and noted that the reduction in side yard width requires the approval of the Washington State Building Council; and WHEREAS, the City Council directed that an ordinance be drafted with the Land Use and Planning Board's recommendation, subject to the required approval of the Washington State Building Council; NOW THEREFORE 1 Single-Family Development in Multifamily Zones (min. lot width and side yards) THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.04.170 of the Kent City Code is hereby amended as follows: 2 Single-Family Development in Multifamily Zones (min. lot width and side yards) Sec. 15.04.170. Agricultural and Residential Zone Development Standards. Zoning Districts R a o o c E m d fo Z. E aci oci aci aci aci m m o U N N N �_. tr m cc y. L M a -Lo a a r} Ur li li m E d ur r y s' -' d 3 0 m > > a i3 c�i c g_ rn c _15 a m Q o 0Cn (D N M 19 2 d Q Q V1 (A fn CO W CN rL SF Duplex SF Duplex MF SF Duplex MF SF Duplex MF SF Duplex MF SF Duplex MF Maximum 1 1 2.18 J 3.63 4.53 6.05 8.71 8.71 10.89 12.0 12.0 16.0 16.0 16.0 16 23.0 23 40.0 40 density:dwelling ddac dulx ud uslac duslia duslac duslia uslac duslac duslac duslac dull, usla usiac duslududes dus/K dual. usla units per acre Minimum lot 34,700 1 sc 34,70016,000 9,600 7,600 5,700 4,000 4,000 8,000 none 8,000 ,500f none 8,000 8,5001 none 9,000 8,5001 none 8,000 8,5001 none 8,000 8,50 area:square feet sq ft SO sq ft sq ft sq ft sq It sq ft sq ft sq ft sq ft 3,500 sq ft 3,500 sq ft 2,500 sq ft 1,600 sq ft 9DO sq or acres,aS sq ft tq ft sq ft. sq ft ft(3) noted (27) (1) (2) Minimum lot soft 60 ft 50 ft 50 ft 50 ft 50 ft 40 ft 401E soft 4" 11" 1 80 ft 404 Soft Soft 404E 80 ft 80 ft 494 1 80 ft Soft 404E s0 ft so ft width:feet(4) 25 k 25 ft 25 ft 25 R 25 ft Maximum site 30% 50% 30% 30% 45% 45% 50% 55% 55% 40% 55% 40% 45% 55% 40% 45% 55% 40% 45% 55% 40% 45% 55% 40% 50% coverage: I51 (5) I51 (S) (5) (5) (5) (5) (5) (5) (5) 15) (5) (5) (5) (5) (5) (5) (5) percent of site Minimum yard (22) requirements: feet F=t yard 20 ft 30 ft 20 ft loft 10ft loft loft 10ft 10ft loft (Oft 10R 20 ft loft 10ft 20 ft loft loft 20 ft loft 10ft 20 ft loft 10k 20@ (6) (7) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (8) (a) (a) (a) (a) (a) (8) (8) (a) (a) (8) (8) (8) (8) (8) (8) (8) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Side yard 15ft (10) 15ft 5ft 5ft 5111 5ft 5ft 5ft 5ft 5tt 5ft (11) 5ft 5ft (11) 5ft 5ft (11) 5ft 5tt (11) 5ft 5ft (11) Lfll L) 1201 (301 130) L1 Side yard on 20 ft 20 ft 10ft 10ft loft loft loft loft loft 10ft loft 15ft 10ft loft 15ft 10ft loft 15ft loft loft 15ft loft loft 15ft Flanking street (9) (9) is) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) of a comer lot Rear yard 20 ft 15ft 5ft 5ft 5ft 5ft 5ft 5ft aft 5ft aft 20 ft 5ft lift 20 ft 5ft 8ft 20 ft 5ft lift 20 ft 5ft 8ft 20 ft Additional (12) (13) (12) (14) (14) (14) (14) (14) setbacksldista (15) (15) (15) (15) (151 nces between buildings Height limitation: 2.5 2 stryl 2.5 2.5 2.3 2.5 2.5 2.5 2.5 21 riryl 2.5 2 riryl 3 stry1 2.5 2 stryl 3 stryl 2.5 2.5 a"/3 stryl 2.5 stryl 2.5 stryl 3 stryl 2.5 2.5 riryl 4 riryl in stodeslnot to stryl 35 ft stryl stryl stryl stryl stry, stryl stryl 35 tt stryl 30 ft 30 rt stryl 30 ft 30 ft stryl 35 ft 40 ft 30 ft 35 ft 40 ft stryl 35 ft 50 ft exceed in feet 35 ft (17) 35 ft 35 k 35 ft 35 ft 35 ft 30 ft 30 ft 30 tt 30 ft 30 ft 30 It (16) (18) Maximum 40% 40% 40% 50% 60% 70% 75% 75% 70% 75% 70% 70% 7S% 70% 70% 75% 70% 75% 70% 75% 70% impervious (19) (19) (231 (23) (23) (23) (23) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) surface:percent oftotal parcel area Zero lot line and The provisions in Sections 15.08.300,310,320.and 330 shall apply. clustering (24) Signs The sign regulations of Chapter 15.06 shall apply. Offstreet parking The oft-street parking requirements of Chapter 15.05 shall apply. Landscaping The landscaping requirements of Chapter 15.07 shall apply. Multi-family (25) (25) (25) (25) (25) Transition Area Muni-family (26) (26) (26) (26) (26) design review Additional Additional standards for specific uses are contained in Chapter 15.08 and Chapter 15.09. r ds (20) 1201 (281 (28) (21) (29) (29)- 3 SECTION 2. Section 15.08.180 of the Kent City Code, entitled "Agricultural and residential land use development standard conditions," is hereby amended by adding a new subsection(30) as follows: Sec. 15.04.180. Agricultural and residential land use development standard conditions. 1. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and two thousand five hundred (2,500) square feet for each additional dwelling unit. 2. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and one thousand six hundred(1,600) square feet for each additional dwelling unit. 3. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and nine hundred (900) square feet for each additional dwelling unit. 4. To determine minimum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot; provided, that an access easement to another lot is not included within the circle. 5. Interior yards shall not be computed as part of the site coverage. 6. Porches and private shared courtyard features may be built within the front building setback line. 7. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 8. Proposed front yards less than twenty (20) feet in depth are subject to approval by the planning director, based on review and recommendation from the public works department relative to the existing and future traffic volumes and right-of-way requirements as specified in the city comprehensive transportation plan and city construction standards. 4 Single-Family Development in Multifamily Zones (min. lot width and side yards) 9. At least twenty(20) linear feet of driveway shall be provided between any garage, carport or other primary parking area and the street property line with the exception of an alley property line. 10. An aggregate side yard of thirty(30) feet shall be provided. A minimum of ten(10) feet shall be provided for each side yard. On a corner lot the side yard setback shall be a minimum of twenty(20) feet from the property line. 11. Each side yard shall be a minimum of ten (10) percent of the lot width; however, regardless of lot width, the yard width need not be more than thirty(30) feet. 12. Structures for feeding,housing and care of animals, except household pets, shall be set back fifty(50) feet from any property line. 13. Additional setbacks for the agriculture general (AG) zoning district. a. Structures for feeding, housing and care of animals shall be set back fifty(50) feet from any property line. b. Transitional conditions shall exist when an AG district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential or other similar conditions,or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist, as defined in this subsection, a yard of not less than fifty(50) feet shall be provided. C. Setbacks, Green River. Industrial development in the AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and in accordance with the high quality of site development typically required for the industrial park areas of the city and in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. 5 Single-Family Development in Multifamily Zones (min. lot width and side yards) 14. An inner court providing access to a double-row building shall be a minimum of twenty(20) feet. 15. The distance between principal buildings shall be at least one-half(1/2)the sum of the height of both buildings; provided,however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space. 16. The height limitations shall not apply to barns and silos; provided, that they are not located within fifty(50) feet of any lot line. 17. Beyond this height, to a height not greater than either four (4) stories or sixty(60) feet, there shall be added one(1) additional foot of yard for each additional foot of building height. 18. The planning director shall be authorized to approve a height greater than four (4) stories or sixty (60) feet; provided, such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning director may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 19. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10,000) square feet when the lot is greater than one (1) acre. 20. The following uses are prohibited: a. The removal of topsoil for any purpose. b. Grade and fill operations;provided, that limited grade and fill may be approved as needed to construct permitted buildings or structures. C. All subsurface activities, including excavation for underground utilities, pipelines or other underground installations, that cause permanent disruption of the surface of the land. Temporarily disrupted soil surfaces shall be restored in a manner consistent with agricultural uses. d. Dumping or storage of nonagricultural solid or liquid waste, or of trash, rubbish or noxious materials. 6 Single-Family Development in Multifamily Zones (min. lot width and side yards) e. Activities that violate sound agricultural soil and water conservation management practices. 21. Outdoor storage for industrial uses shall be located at the rear of a principally permitted structure and shall be completely fenced. 22. Mobile home park combining district,MHP. The standards and procedures of the city mobile home park code shall apply. General requirements and standards for mobile home park design, KCC 12.04.520; mobile home parks, Ch. 12.05 KCC. 23. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10,000) square feet. 24. Minimum lot width,building setbacks, and minimum lot size regulations may be modified consistent with provisions for zero lot line and clustering housing development. 25. The requirements of KCC 15.08.215 shall apply in any multifamily transition area,which includes any portion of a multifamily district within one hundred (100) feet of a single-family district or within one hundred (100) feet of a public street _ right-of-way. 26. The requirements of KCC 15.09.045 for multifamily design review shall apply to any multifamily dwelling of three (3) or more units. 27. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and three thousand five hundred (3,500) square feet for each additional dwelling unit. 28. The following zoning is required to be in existence on the entire property to be rezoned at the time of application of a rezone to an MR-T zone: SR-8, MR-D, MR- G, MR-M, MR-H, O, O-MU,NCC, CC, GC, DC or DCE. 29. All multifamily townhouse developments in the MR-T zone shall be condominiums only. A condominium plat shall be filed and recorded pursuant to Chapter 64.32 RCW prior to approval of a development permit by the city. 30. As an option to the five (5) foot side yard requirement for single-family development in all multi-family zoning districts as set forth in 15.04.170, a side yard 7 Single-Family Development in Multifamily Zones (min. lot width and side yards) width of no less than three (3) feet may be utilized under the following conditions: 1. Fire hydrants for the development, as required by the fire code set forth in Title 13 of the Kent City Code, will be placed a maximum of 300 feet in separation, 2. The required fire hydrants shall have a minimum fire flow of 1,500 gallons per minute; and 3. Emergency vehicle access roads shall be provided to the development, which includes an improved road accessible within 150 feet of all portions of the exterior first floor of the structure. This option is subject to the approval of the Washington State Building Council. Application of this option shall be effective upon receipt by the City of Kent of such Nproval. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after the date of publication as provided by law. JIM WHITE, MAYOR 8 Single-Family Development in Multifamily Zones (min. lot width and side yards) ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of , 2000. APPROVED: day of 12000. PUBLISHED: day of 12000. 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\Ordinence\SingleFam-in-Multifamily-width&sideyudc.doc 9 Single-Family Development in Multifamily Zones (min. lot width and side yards) Kent City Council Meeting Date September 19, 2000 Category Consent Calendar 1 . SUBJECT: TRANSFER OF DRUG SEIZURE FUNDS - AUTHORIZE 2 . SUMMARY STATEMENT: Authorization to use $5, 000 from drug seizure funds account to continue funding of Goals To Recovery Program through FY2000 , as requested by the Kent Police Department . The Goals To Recovery program has succeeded in meeting the goals to-date and it is important to maintain the continuity of this program for evaluation purposes, as well as the benefits to the inmates . Funding for FY2001 is in the budget process . 3 . EXHIBITS : Memo to Public Safety Committee 8/31/00 and copy of program' s first year evaluation 4 . RECOMMENDED BY: Public Safety Committee 9/12/00 (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E INTEROFFICE MEMORANDUM To: Public Safety Committee POLICE From: Debra LeRoy, Research and Development Analyst Ed Crawford Chief of Police Cc: Chuck Miller,Deputy Chief of Police Phone:253-856-5800 Fax:253-856-6802 Date: August 31, 2000 220 Fourth Ave. S. Re: Funding Authorization to continue Goals To Recovery Program Kent, WA 98032-5895 An overview of the Goals To Recovery addiction relapse prevention treatment program at the City of Kent Corrections Facility was presented to the Public Safety Committee at the February 8, 2000 meeting. This program has succeeded in meeting our goals to date. A copy of the program's first year evaluation is attached for your review. A more accurate evaluation of this program requires continuation of the program. The FY2000 funding for this program is depleted. We request authorization to use $5,000 of our drug seizure funds to continue this program through FY2000. We have already requested funding for FY2001 in the budget process. CITY OF KENT CORRECTIONS GOALS TO RECOVERY PROGRAM First Year Evaluation Description of Program: The Goals To Recovery (GTR) substance abuse relapse prevention treatment began at the City of Kent Corrections (CKCF) in August 1999. This was a pilot one year program. The GTR program at CKCF was designed to offer inmates the opportunity to use their time constructively through interactive substance abuse treatment. Patients are able to share what they learn in GTR with fellow inmates, their families and friends . GTR seeks to provide patients with tools to help them become more productive community members . Groups of up to eight inmates attended classes one day each week for eight weeks. One on one consultations are included in the treatment. The CKCF GTR program planned to attempt to offer treatment equally to both genders . The plan was to alternate groups from male to female inmates every eight weeks. However, due to shorter sentences for females it was not always possible to form the female groups as scheduled. Groups three and four consisted of male inmates. Officer Swanson reported that some female inmates felt slighted because the treatment was offered to male inmates more often. Condensed treatment (2 sessions per week for one month) to afford more female inmates the opportunity to receive the treatment was an option discussed by CKCF staff and Ric Meldrum. A total of six treatment groups were completed during the first year. General Correctional Substance Abuse Treatment Statistics : Substance abuse is recognized nationwide as a driving force toward crime. The Bureau of Justice Statistics reports that in 1997, half of State and one third of Federal inmates reported committing their current offense under the influence of drugs'. An estimated eighty percent of inmates in local facilities have histories of substance abuse.' These statistics support the need for substance abuse treatment in correctional facilities. Studies of correctional substance abuse treatment programs throughout the United States report positive impacts on inmates . When aftercare is added to the residential substance abuse, the rate of success increases. A University of Delaware study reported that "nearly 70 percent of inmates who completed the entire substance abuse treatment and aftercare were not re-arrested within 42 months of release from prison.' GTR Program Results : Measurements for the evaluation of GTR at CKCF for the first year include: 1. Value of treatment to inmate patients. 2 . The number of inmates treated. 3 . The number of inmates graduating from treatment. 4. The number of inmate graduates arrested for offenses after release from incarceration. Measurement data was captured through: ❑ Quarterly Review meetings with CKCF staff and Ric Meldrum. ❑ GTR inmate patient assessment forms (completed by GTR and patients themselves) . ❑ Inmate Patient Evaluations of GTR. ❑ Criminal Records (Kent Police Department, Washington Crime Information Center and State of Washington Judicial Information System databases) . The graduating inmates completed evaluations for the Goals To Recovery program. Learning to identify and deal with their warning signs was listed by the majority of the graduates as the part of the treatment that helped them most. The female graduates tended to rate benefits from the program more highly than male graduates. Several inmates commented that GTR was the best substance abuse treatment they have received. Many inmates stated that they would recommend this treatment to others . Corrections staff reported that the inmate patients were telling other inmates about the treatment. This was apparent by the increasing interest among the inmates to participate in this treatment. The funding to offer additional treatment groups would enable Kent Corrections to address more inmates' substance abuse issues. Fifty inmate applicants were screened by CKCF program staff and Ric Meldrum. Of those, thirty-two of the thirty-seven inmate patients from the first five groups starting treatment graduated from the eight week treatment. Custody conditions were a factor for three of the non- graduate patients . Two of the non-graduates chose to drop out. Treatment graduates prepared and presented their own recovery plans to guide them upon their release from jail . It was evident to all police staff who attended these graduation sessions that the inmates put a considerable amount of thought into their recovery plans . Percent Graduating out of 37 Patients Enrolled Drop Outs Graduates 14% 66% oar r 2 Percent of Graduates Arrested As of July 17,2000 ac4 �Q [3Arrested ■Not Arrested One of the goals for the Kent Corrections GTR Program was to reduce recidivism. Recidivism data was collected on those GTR graduates who had been released from the CKCF after graduation. However, it should be noted that the Washington State Institute for Public Policy developed a standard minimum of 24 months follow-up time to capture valid recidivism events on adults. An additional 12 months should be added to allow all events to be processed through the criminal justice system. The preliminary data as of July 17, 2000 reflected that 47% of the GTR graduates had been arrested within the State of Washington for new offenses following release from CKCF. Recommendation: This preliminary evaluation of the CKCF GTR Program supports continuation of this program. Continuity of the current program would allow a more thorough program evaluation. Coordination of aftercare and follow-up for treatment graduates would increase the effectiveness of the program as shown by studies of similar correctional substance abuse programs . More inmates could receive treatment by running two groups simultaneously. Continuation of this program for at least two more years will allow us to complete our study and share the findings with other municipal and county jails. 1. Mumola, Chrisopher J. , Substance Abuse and Treatment, State and Federal Prisoners, 1997, Bureau of Justice Statistics Special Report, January, 1999, NCJ 172871 2. Johnson, Craig, Monroe County's Approach to Substance Abuse Treatment, Sheriff, February 15, 2000 3 . Join. Together, Study Shows Treatment Makes Streets Safer, July 7, 1999, www.jointogether.org 3 Kent City Council Meeting Date September 19, 2000 Category Consent Calendar 1 . SUBJECT: WASHINGTON CITY AND COUNTY PIPELINE SAFETY CONSORTIUM 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the Interlocal Agreement establishing the Washington City and County Pipeline Safety Consortium. The consortium will be responsible for providing a coordinated response for member Cities and Counties on issues related to fuel pipeline safety. 3 . EXHIBITS: Interlocal agreement 4 . RECOMMENDED BY: Fire Chief Angelo (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $5 , 000 monies recovered from ChemCentral SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F INTERLOCAL AGREEMENT ESTABLISHING THE WASHINGTON CITY AND COUNTY PIPELINE SAFETY CONSORTIUM THIS AGREEMENT is entered into by and between the undersigned cities and counties. This Agreement is made pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, and has been authorized by the legislative body of each jurisdiction. WHEREAS, concern about pipeline safety has been expressed by the member cities and counties; and WHEREAS, Cities and Counties along the Olympic Pipeline corridor have a common goal of ensuring the safety of their communities; and WHEREAS, Cities and Counties seek independent, expert third party assessments of the condition of the Olympic Pipeline and its potential hazards; and WHEREAS, Cities and Counties desire legal analysis of the pending pipeline safety legislation at the state and federal level and assistance in developing a model franchise; WHEREAS, Cities and Counties desire expert third party analysis of the ,jrocedures required to maximize the safety of the pipeline; and WHEREAS, Cities and Counties desire a unified voice relating to pipeline safety issues where Olympic Pipeline Facilities are located; now, therefore, The City and County signatories agree as follows: Establishment of the Washington City and County Pipeline Safety Consortium. There is hereby created a city and county consortium hereinafter called the Washington City and County Pipeline Safety Consortium (the Consortium). The parties hereto each hereby task the Consortium with the responsibility for achieving the following goals: 1. Provide a coordinated response for member Cities and Counties on certain issues related to fuel pipeline safety in general and the activities of Olympic Pipe Line Company in particular; 2. Obtain expert independent analysis and monitoring of the Olympic Pipeline Corridor Safety Action Plan so as to ensure it provides the degree of safeguards and security that our communities demand and deserve; —.3. Identify deficiencies in Olympic Pipeline's Pipeline Corridor Safety Action Plan; 4. Identify steps Olympic Pipeline should take before re-starting the flow of product through its pipeline; 1 5. Provide advocacy and public relations services on behalf of cities and counties; 6. Monitor franchisee compliance in jurisdictions along pipeline corridors; 7. Coordinate signage and activity within pipeline corridor right of ways; 8. Analyze and provide comment on federal and state legislative efforts with regard to pipeline safety; 9. Work cooperatively with other groups and governments mutually interested in pipeline safety; 10. Work directly with the State of Washington and any state task force established to examine pipeline safety; 11. Work to meet other goals as defined by the membership. 1. Definitions. A. Principal. A Principal is a City or County which has accepted the terms of, and is a party to, this Interlocal Agreement and has paid its share of the costs of the Consortium. The initial Principals to this Agreement are the undersigned cities and counties. Principals will receive services as offered by the Consortium according to such terms and conditions as may be established. B. General Membership. The General Membership shall consist of all the voting representatives of the Principals. C. Voting Representatives. Each Principal will designate one representative, and one alternate representative to vote on issues before the General Membership. D. Alternate Representatives. Each Principal shall be entitled to designate one alternate representative who shall serve on behalf of the voting representative during his or her absence or inability to serve. E. Administrator. The City of Bellevue shall be designated as the Consortium's Administrator. Principals shall pay to the City of Bellevue the agreed upon Financial Contribution. F. Financial Contribution. Each Principal shall make an initial $5,000 Annual Financial Contribution. Additional Financial Contributions shall be provided in the future on a basis and in an amount agreed by the General Membership. A Principal shall be obligated as to any future Financial Contributions only upon ratification by its respective legislative body. A Principal shall be allowed to withdraw from the 2 consortium and not incur any additional financial obligation if its legislative body decides against a future Financial Contribution. G. Executive Board. The Executive Board shall be composed of seven representatives of 7 different Consortium members, appointed by their jurisdictions. The initial slate of Executive Board Members shall include a member from each of the following jurisdictions: The cities of Bellevue, SeaTac, Renton, Redmond, Bellingham, Tumwater, and the county of Thurston. The initial Board shall serve for a period of one year from the effective date of this Agreement. Subsequent Boards shall consist of seven members elected by the General Membership from among the representatives appointed by their respective jurisdictions. 2. Roles A. General Membership. The General Membership shall approve the budget and have final decision-making authority to approve the final budget and the work plan of the Consortium. The General Membership shall approve the members of the Executive Board. B. Executive Board. 1.) Chair. The Chair of the Executive Board shall be elected by the .nembers of the Board from the Board membership. The Chair of the Executive Board shall process issues, organize meetings and preside over meetings of the Board, and shall have no other powers than those enumerated here. 2.) Powers of the Executive Board. The Executive Board shall meet as often as it deems necessary and shall have the following powers: (a.) To recommend periodic budgets and work plans for the Consortium for approval by the General Membership; (b.) To establish policies to carry out the work plan approved by the General Membership; (c.) To establish policies for expenditures of budgeted items for the Consortium; (d.) To hold regular meetings on such dates and at such places as the Board may designate and call for meetings of the General Membership; (e.) To authorize the Administrator to enter into agreements with other federal, state and local agencies, and private entities to receive grants and funds, and other agreements for services. C. Administrator. City of Bellevue, as Administrator, shall contract for ,services as necessary to accomplish the purposes of the Consortium under this Agreement, subject to the approval of the Executive Board; establish a special fund or funds as authorized by RCW 39.34.030; collect from the Principals Financial Contributions due to Bellevue as Administrator for the Principals; and reimburse its 3 Principals. In addition, the Administrator will provide for secretarial and other administrative support for the Board as the Board deems necessary. The Administrator shall not be reimbursed for expenditures made prior to the effective date of this Agreement. 3. Other Pertinent Matters A. Proportionality of RepresentationNoting. Each Principal shall be entitled to one vote on all actions required to be approved by the General Membership and each Principal which has a representative on the Executive Board shall be entitled to one vote on all actions required to be approved by the Executive Board. B. Voting Percentage Requirements. All actions required to be approved by the General Membership or the Executive Board shall require approval of 70% of the vote of those present. Dissenting comments shall be recorded. C. Quorum. A quorum at any meeting of the General Membership or the Executive Board shall consist of the voting members or Board members (or alternates) who represent a simple majority of the General Membership or Executive Board membership. D. Additional Principals. The Executive Board may, by vote, accept new Principals who become parties to this Agreement and who have paid the agreed-upon amount as the new Principal's share. The Executive Board may, by vote, accept new Principals to the consortium by approving the proposed new Principal's signed agreement. E. Finance and Budget. 1.) Acceptance of Funds. The Administrator is hereby authorized to accept all Financial Contributions of the Principals allocated to the Consortium and any federal, state or private grants in order to accomplish the purposes of this Agreement and Chapter 39.34 RCW. 2.) Budget. The Executive Board shall draft a proposed initial budget for the remainder of the current calendar year and present it to the General Membership. Thereafter, the Executive Board shall draft proposed period budgets as it deems appropriate. The General Membership shall review and recommend revisions to the draft budgets as it deems appropriate. The Executive Board shall revise the draft budgets and shall present them for a vote of the General Membership. The budgets are adopted when approved by the General Membership. 3.) Delinquencies. A Principal who is six months delinquent in payment shall be considered to have withdrawn from the Consortium. Withdrawal does not extinguish the obligation to pay for services rendered. 4 4.) Use Guidelines. The Consortium may use any available funds for any purpose authorized by this Agreement, and included in the work plan adopted by the Consortium. Additional projects and expansion of the scope of work are authorized, for purposes of this Agreement, when approved and funded by all the then current Principals or through any grants provided the Consortium. Consortium funds will not be used to pay for any City or County staff time. F. Intergovernmental Cooperation. The Consortium shall cooperate in all practical and available ways with local, state and federal government agencies so as to maximize utilization of grant funds and to enhance the effectiveness of operations and to minimize costs. G. Duration. This Agreement shall continue in effect for at least two years from creation of the Consortium. Additional one-year renewals shall be approved by agreement of the Principals. Any Principal may withdraw from this Agreement by giving 60 days written notice to the Executive Board of its intention to terminate. A Principal shall not be entitled to reimbursement for its financial contributions to the Consortium. A Principal who withdraws shall hold the remaining Principals harmless against any resultant increased costs allocated to them, for a project or contract approved by the General Membership before its withdrawal. -- This Agreement shall be effective until terminated as provided herein. nis Agreement may be terminated at any time by agreement of Principals holding at least 70% of the vote of all the Principals hereto. Upon termination of this Agreement, any assets acquired during the life of the Agreement or any financial contributions remaining shall be disposed of in the following manner: 1.) All property contributed without charge by each Principal shall revert to the contributor; 2.) All property purchased after the effective date of this Agreement shall be distributed based on the percentage of the total annual charges assessed by the Executive Board during the period of this Agreement and paid by each Principal; 3.) All unexpended or reserved funds shall be distributed to the Principals based on their financial contribution on a pro rata basis. H. Hold Harmless. Except for acts or omissions which are dishonest, fraudulent, criminal or malicious, any loss or liability resulting from the acts or omissions of the Executive Board, or Administrator while acting within their scope of authority under this Agreement shall be bome by the Consortium. If a claim, demand, or cause of action arises from any other negligent act or failure to act, or intentional wrongful act ,.-of one of the Principals or its agents or employees, that Principal shall hold the :onsortium and other Principals harmless except to the extent that the harm complained of arises from the negligence or other fault of another Principal; provided, that "Fault' as herein used shall have the same meaning as set forth in RCW 4.22.015. 5 I. Insurance. The Consortium may obtain and provide insurance for the Executive Board and the Administrator for coverage consistent with the terms of this Agreement. J. Amendments. This Agreement may be amended by written agreement of the legislative bodies of all the Principals hereto. K. Severability. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Agreement shall not affect the validity of the remainder of the Agreement. L. Effective Date. The effective date of this Agreement shall be the date of filing with the appropriate County Auditors, the Secretary of State, and the Clerk of each Principal. IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below: CITY OF BELLEVUE Approved as to Form: Chuck Mosher Lori Riordan Mayor Assistant City Attorney Date: Date: COUNTY OF Approved as to Form: Date: Date: CITY OF Approved as to Form: /+1 �I"`r 1 m�T�►- 'r 6 Kent City Council Meeting Date September 19, 2000 Category Consent Calendar 1 . SUBJECT: STATE OF WASHINGTON DISCOVERY TRUST GRANT - ACCEPT AND AMEND BUDGET 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, accept the $4 , 000 grant from the State of Washington Department of Social and Health Services, Family Support Expansion Discovery Trust Program and amend the computer training budget in the Specialized Recreation Program. 3 . EXHIBITS : Award letter from Washington State 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff , Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $4 , 000 SOURCE OF FUNDS : DSHS Grant 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G sae st�r�a� - 0 4 � _ s aye less t°Y STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES N46-6 • 1700 E Cherry St • Seattle WA 98122-4695 July 7, 2000 City of Kent Parks and Recreation 315 E. Meeker Street Kent, WA 98031 Dear Janet Hasselblad, Thank you for applying to the 2000 Family Support Expansion Grant/Discovery Trust Program. We are please to inform you that your program was selected to receive a 2000- 2001 Family Support Expansion Grant. This year our committee received 54 proposals with requests totaling $278,707.44. Our allocated $128,000 for our initial budget, it made it impossible for us to fund all programs at the level of their requests. Your program was allocated $4000.00. You will be receiving your contract from Region 4 within the next two weeks. Should you have any questions before then, please feel free to give us a call. We also would like you to know that all programs will be asked to provide a brief five minute presentation about their program for case managers and other interested individuals. The date for this presentation is July 2e from 10:00 am to 1:00 pm. However, we wanted to give you as much advance notice as possible so you set aside time.for this important opportunity to market your program We look forward to an exciting year of serving families together in Region 4. Congratulations! Sincerely, AG� � �- Angle d Ji agee0%�� Region 4 DDD Kent City Council Meeting Date September 19, 2000 Category Consent Calendar 1 . SUBJECT: KENTVIEW POD C BILL OF SALE - ACCEPT 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Kentview Pod C submitted by KV Carriage C L.L. C. for continuous operation and maintenance of 1, 609 . 30 feet of sanitary sewer improve- ments and release bonds after the expiration period. The project is located south of South 216th Street and west of Frager Road. 3 . EXHIBITS : None 4 . RECOMMENDED BY: Public Works Director (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. 6H Kent City Council Meeting Date September 19 , 2000 Category Consent Calendar 1 . SUBJECT: KENT EDUCATION ADMINISTRATION BUILDING BILL OF SALE - ACCEPT 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for KEA Building submitted by Kent Education Association for continuous operation and maintenance of 230 feet of storm sewer improvements and release bonds after the expiration period. The project is located at SE 244th Street and 104th Avenue SE. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (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. 6I Kent City Council Meeting Date September 19, 2000 Category Consent Calendar 1 . SUBJECT: NELSON SHORT PLAT BILL OF SALE - ACCEPT 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Nelson Short Plat submitted by Harry Singh for continuous operation and maintenance of 273 feet of storm sewer and 160 feet of street improvements and release bonds after the expiration period. The project is located at 244th and 105th Place S .E. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (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. 6J �Y Kent City Council Meeting Date: September 19, 2000 Category: Consent Calendar 1. SUBJECT: Kent Drinking Driver Task Force requesting authorization to accept a Washington Traffic Safety Commission "Walk Your Children to School"mini-grant. 2. SUMMARY STATEMENT: Requesting authorization to accept a Washington Traffic Safety Commission (WTSC) "Wall:Your Children to School" mini-grant. The funding will provide an opportunity to establish a "safe walker"program at East Hill Elementary. During the first week of October, we will be able to provide assemblies, classroom presentations, incentives, and a breakfast on October 6`r, "Walk Your Child to School Day". Additional educational activities will take place throughout the school year. The Kent Drinking Driver Task Force requests authorization, subject to legal department approval, to accept the grant funds in the amount of S4,500.00 and establish a budget for use during the school year. City of Kent matching funds in the amount of S 1,896.00 are included in the YF2000 budget as officer overtime and DDTF staffing and travel. I EXHIBITS : Kent Police Memorandum to Public Safety Committee date 9/12/00, Letter from WTSC to Kent Police Department dated 8/22/00, and WTSC Project Agreement. 4. RECOMMENDED BY: Public Safety Committee on 9/12/00 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Council member moves, Council member seconds. DISCUSSION: ACTION: a STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S. Cherry St., PO Box 40944 • Olympia, Washington 98504-0944 • (360) 753-6197 August 22, 0000 Chief Ed Crawford Kent Police Department 220 4�' Street Kent. WA 98032 Dear Chief Crawford, Enclosed is a copy of your agency's proposal to the 'WTSC for this years Walk Your Children to School. Your proposal has been approved for $4,300 in funding. Due to restrictions, this funding cannot be used towards salaries. Please re-visit your agreement and if you can implement your project with the funds allotted, you will need to provide an original signed copy to me at your earliest convenience. Once I receive your revised and signed proposal, 1 will add the correct signatures from the Commission and return a signed copy for your records, the original agreement will be kept on file at the WTSC. I will also inciudin2 an authorization letter to begin funding and project reporting and reimbursement forms. 1 have had an extensive conversation with Ms. Tamara Cline from vour agency and she is aware of the procedure to complete this process. If you have any additional questions, please feel free to contact me at 360-586-34S4. On a personal note Chief Crawford. it is a sincere pleasure to work with Tamara Cline. Her commitment to traffic safety is second to none; her professionalism and effort she dedicates to individual projects, assures anv proiect to be an outstanding success. I look forward to working with your agency during this project. in ly, f L n Drake CC: File T. Cline POLICE MEMORANDUM Ed Crawford Chief of Police Phone:253-856-5888 To: Public Safety Committee Fax:253-856-6802 cc: Judy Woods,Task Force Chair Chief Ed Crawford 220 Fourth Ave. S. Lt Bruce Weissich Kent, WA 98032-5895 From: Nancy Mathews Drinking Driver Task Force Subject: Approval of Mini-Grant Date: September 12, 2000 The Kent Drinking Driver Task Force has been notified of a "Walk Your Children to School' mini-grant through the Washington Traffic Safety Commission in the amount of S4.500. The funding will give us an opportunity to do a "safe walker"program at East Hill Elementary. The first week of October, we will do classroom presentations, assemblies, incentives (t-shirts and "contracts") and a "walk your child to school day" on October 6"', followed by breakfast and as assembly. Additional educational activities will take place throughout the school year. The Drinking Driver Task Force requests authorization, subject to legal department approval, to accept the grant funds and establish a budget for use dunng the school year. 1 wazhlnpian Tr�ttic Sai�1y �ammis;lcn srate of wasnins tari f Washinptnn Trait Safery commiaAN Non PO 130%40944, 101113 5au2ry phi S eCelvod; �1S' oT`" r 10411 ❑ Fri g.�{ / Qlynlpta, VYvshlrtptnn 9RSA4•�i�ro�Aron, Telephone; (�6o�7Sa•61�7 .ProgrrmMon.gar', FAx: (360) 516-48e Paucab Type; ROGOW t� olo�(ieRVon r,�At� � ', seclldn 7 A$AIIFrMai AlirlRd�;e1RAlIN i'ro{ecy agraam�nt ' �oa+5d►� alcfw, 7nro: Kent Or+nicirg 2r4yer Task Fnrce: WALK YQLR CH!LOREM TC =C40QL "!pe o! .aAfc3llor: Inr{iol: AiviS!om �" �. �wners'1fG .; 'ac!IilieS ar e:uic,��rl, aG7UirEQ 1rrCL(;n 111is i-r�d!ng, shalt 7a raSltG'w;tr 'he appliear} a,e-cy, ^c tna Zia cl wasniWzri, however,!'cCi!Ii9s or eCuiprTfsr", as UiTee r!t,2�Eh 1h,is ague s+er Sn311 �a u. 42ed inn r°-lainev fr hipr�+ay salety cwr;tior5 Cu!rlr, tha us21ul arfsler.a ❑(suth astu:.r+en1 :! ac:�rties. ^-S s nc;4rrec rcr rnam,ertanc9, reyairs _r suRCor c( &UC,• dgLiprrwri. a fat:Ihies !., all�e mrr,e cy:ne acplicsr agency, ;urnar �, is unaerslooe ar+a agree= teat ,fie acwrry v@red �y tni: rre�or,, as "ora pantul"ors zewmmec in set iniris c and I a 12Cre❑ hertIc am mace a pan jv=l, 9 Und�Roker -^der awn,tiarry c; S,ws of Washirrsan ('nle ..cC.,-90, 25, ..U9, Q3.;a.::A RC' 3r1C suplec ',a 1.1m ac- nis ra:'va raa 'alcr. er,�a'isne, ty .-aid ;Wldelines :nt Ind wasriryocn -rFT=Mary C.:r^,!tisson. A.5aii=�irr .:Fezy; C; _fir <en ^o ECa,-"--en uama- _ Crawfc-^ address: 2?0 �:^ eau t'�i e, of of cC' ce ken : WA Z"e dm ?c� C,,-�y of cent, Ua:^i no :. �u:t`c�i=ir•c, `,�i::al, lcvQr:tner„al ::^ ,. white a=lress: 1.4 ., Signalura: 'ter,:, '.lA 5603Z i' Teiepnane: ( Z53) Ain-c7C0 r. ;Jarred PrOreC' ❑uraliar: ;ram : f ' flU -c� 1 ,7c a- �'aFrawed Name, ~r�v� L=�Q �ra(e: Numaer: Scc+oo� a` rtl�: DI e r, ' C dale Fulx(s Dhl gated: ��l� , 00 signature: t L=al;-��_ Cage: 1 D O atdanCum(s� Ir apprigela: Attachment B Washington Traffic Safety Commission Project Agreement Section 2 Description of Activity In this section, the following five elements should be defined in narrative form: (1) Problem Identification, (2)Project Goal(s), (3) Project Activities and Tasks, (4) Project Evaluation and (5) Budget (explain how funds will be used and details of any matching funds.) Please clearly label each element using the titles listed above, and limit Section 2 to three single-sided pages using nothing smaller than a 12-point font. Kent Drinking Driver Task Force Washington Traffic Safety Commission PROJECT AGREEMENT Fall 2000 Section 2 Description of Activity Mission Statement The mission of the Kent Drinking Driver Task Force is to increase awareness of traffic safety issues with an effort to reduce the number and severity of traffic collisions through problem analysis, identification and education. Program Area PEDESTRIAN SAFETY / TO AND FROM SCHOOL Problem Identification In 1996, the City of Kent experienced the highest number of pedestrian injuries in South King County for a city of its size. Most fatalities/injuries involved 10-19 year olds not crossing at intersections. Pedestrian fatalities/injuries in Kent are on the increase, both in raw numbers and in comparison to State and other South King County cities. Kent has a pedestrian injury/fatality rate 96% higher than Washington State and 40% higher than surrounding communities.(1996 data: WA State 3.59%; So KC Cities (9) 4.97%; City o Kent 6.9600.) There were 93 pedestrian/bicycle collisions in 1999. Project Goals ■ To reduce pedestrian injuries and fatalities. ■ To develop and implement collaborative activities involving the Kent Police Department, the Kent School District and the children and their families in our neighborhoods that will equip them with the skills and resources necessary to increase pedestrian safety. • To center program design around the current "Walk Your Child To School' week activities. Proposed Objectives Short Term Objectives Collaborators Increase Public Awareness DDTF Steering Committee Kent School District KENT TV-21 Increase Traffic Enforcement Kent Police Department VIPS (radar trailer) Environmental Safety Kent School District Kent Engineering Increase Parent Supervision Crossing Guard Training Long Term Obiectives Collaborators Behavior change: safe walking School-age Children habits and decision-making Parents/Families School Staff Environment Change: safe Police Enforcement walking conditions Road Improvements Proposed Activities Neighborhood Traffic Safety a. collect data b. do compliance observation survey at problem sites C. designate school zone problem area(s) d. implement public information campaign e. set up crossing guard training Volunteer Courtesy Speed Check a. YIPS volunteers operate a radar unit to monitor speed in school zones b. selected schools will be monitored 2-4 times per week C. follow-up letters will be sent to speed violators d. Radar Unit will be available at PTA Open Houses at selected schools Walk Your Child to School Week Events a. prepare media publicity (community and neighborhood school) b. identify appropriate incentives (t-shirts, stickers, flyers, etc) C. coordinate week-long activities at identified school(s) Program Activity Overview Targeted elementary schools will be made up of students who primarily walk to school and are geographically closely to a junior high school. The program design would be to do pedestrian safety education at the elementary and junior high level, culminating in "buddying up" a junior high student with an elementary student whose parents are unable to participate in the "Walk Your Child To School" walk day. The event will consist of a "group" walk with local officials and media present, ending up at the elementary school location for a combined assembly and breakfast. Evaluation DDTF will document compliance and environmental observations and enforcement emphasis (radar trailer and patrols). Locally produced materials will be distributed. Participant surveys will measure program awareness and perceived effectiveness. The DDTF will document contacts with individuals, agencies, businesses and volunteers providing services. Logs will be used to record contacts, numbers reached, materials distributed and volunteer hours. A summary report of all activities will be provided to grant agency. Attaciunent B Washington Traffic Safety Commission Project Agreement Section 3 Budget Summary Budget: (If applicable) WTSC Costs Applicant Matching/ Contributing Cost 1. Salaries and Waaes: S S 576.00 Officer OT 829.00 Staff (40 hours) _. =.,pioyee Benefits: S S 84.00 Officer 207.00 Staff Travel and Sudsisterce: S 200.00 -. OrLaC:ual SSNICeS: J 200.00 — S. Goods and Services: S 4,300.00 S -. 7 otai lined-6 (.Amount Requested from VVTSC) S 4,500.00 S. Total lines 1-6 ('Amount provided dv anniicant) S 1,896.00 Total Project Cost (Add lines 7 & 8): S 6, 396.00 WTSC Use Onlv Cost Sharing= -s Matching Share (WashingtoriTraffic Safety Coriimession:use only) _ WSP_-Field Salanes FY'----- Share 'Arno Z Percentt Applies To.� Federat"ffl ,fir $ » ram > State u z• State��...� _L <POIIt1Ca(Subdlvlslori Total Esdiii ted ,_ Revision: EXPLANATION OF BUDGET Request: Contractual Services Logo & Material Development 200.00 (City Graphics) Goods & Services T-shirts 400 3,200.00 Breakfast Assembly 770.00 Materials 330.00 Matching Staff Wages 40 hours at $20.70 hr $ 829.00 Staff Benefits 40 hours at 5.18 hr 207.00 Travel & Subsistence 200.00 Officer Wages/Benefits 660.00 TOTAL PROJECT REQUEST $ 4,500.00 0 TOTAL PROJECT MATCH 1 ,896.00 TOTAL PROJECT COSTS S 6,396.00 walk to school week(RICEU) Amachment B 15ta2esnt�l S ereby understood that ;his application and attachments hereto, when approved and signed by all concerned parties, as indicated shalt tute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, as a whole. Reports — The Contractor shall submit quarterly reports, a final report at end of project, and submit special reports as outlined Project Agreement,Addendum A, Billing and Report Requirements. 2) Copvhghts. Publications. and Patents —Where activities supported by this project produce original copyright material, the Contractor may copyright such, but the WTSC reserves nonexclusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to do so. The Contractor may publish, at its own expense,the results of project activities without prior review by the WTSC provided that any publications (written, visual, or sound) contain acknowledgment of the National highway Traffic Safety Administration (NHTSA) and the WTSC support. Any discovery or invention derived from work performed under this project shall be referred to the WTSC,who will determine through NHTSA whether or not patent protections will be sought, how any rights will be administered, and other action required to protect the public interest. 3) Termination—This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to nonavailability of funds, failure of the Contractor to accomplish any of the terms herein, or from any change in the scope or timing of the project 4) Fiscal Records—Complete and detailed accounting records will be maintained by the Contractor of all costs insured on this project including documentation of all purchases of supplies. equipment, and services:travel expenses: payrolls: and time records of any person emoicyed part- time on this croiect. Federal, state, or WTSC auditors shad have access to any records of the Contractor. These records snail be retained for three years after the final audit is odimolefed and all questions resolved. 5) Funcinq —The Contractor will utilize funds provided therein tc suoolement and not to supplant state and local funds otherwise available for ;here ourooses. Funds are to be expended only for ourooses and activities approved herein. Relmoursement will be made penodically by WTSC for its snare based on approved cost reports. The Contractor will expend from confederal sources the required matching amounts. wmc't snall be expended not later than 20 days following the comDlencri of;he Orotess. 51) Cast Princiotes and Grant Management — The allowaoiiity of costs incurred and the manacemert of ,his project snail be determined in accordance wrtn the Cf5ce of Management and Budget(OMB) Circular A-87 and 49CFR, cart 15 for state and local agencies, CMS Circulars A-21 and A-110 for ecucationai institutions,and OMB Circular A-122 for nonorct entities. -) Oblicatior Funds— Federal funds may not oe eoligated pnor to me effective date cr sunsecuent to the termination date of this proiect penoc. Obitcatlons outstancinc as the termination date snail be liquidated within 3"u days. 3) Chances —The Contractor must eotarn pnor written aooroval from the WiSC f r major orelea mantes, inducing: chances of suostance in proles;ooieCrves,evaluation, activates,the protect manager, key personnel, or orotect ouaget. c) Income—Income eamed by the Contractor with resoect to the conduct cf the oroject (sale cf ouciications, registration fees, service charges, etc.;must be accounted for and income aco6ec to oroiect ourooses or!n reOuct inn of orolect costs. �) Purcnases—PUrcnase of eduwment c,services must conoly with state or local requlations. After trio one of trio 7rOl2a Detidd. equipment will continue to oe utilizes for hionwav safety ourooses or will not oe Ctspgsed cf without written aroroval of me WTSC. The Contractor snail make and maintain an irventory of equipment to induce Descriptions. senat numbers, locations, costs or Other leentrNino information. and suomrt a aev to the W7SC. 71hire party ?at'ticoants — No contract cr agreement may be entered into cy tie Contractor retated to this oroiec,wnicn are not incorocrated nereln and aoproved in advance cv the WTSO. Shall oe oroviaed tna: ne the Contractcr will retain umnate control and resoenslbtlity fa me cro(ect W'SC snail Oe Drovwed wan a copy of all such contracts anc agreements enterec into ay Contractors. Anv contract or acreemer: must allow for tie creates: competition practicaole and evlaence of suer competmen or Iusuricailon far a negotiated contract or agreement provided to the WTSC. 12) Minority-Cwnec 3 Women-Owned Business Bnternnses—The contractor will utilize minerty-owned and women-ownec business enternses. avauaole, wnicn are certrtled ov me Croce of Mlnorttv anc Women s Business cnteronses under the state cf Wasninaton Certification program. The WTSC estaoltsnee coats of the dollar value of all contracts awaraec ov the Agency. Tne percent of 10.1 oe awarded to minority-owned businesses anc 4.0% be awarded to women-owned businesses. The authority for ;his requirement is RCW 39.19 es seq. anc rules promuigatea thereunaer. (Federal Flings Only.) 13) Americans wrtn Disaoilites Act—In the performance of this agreement.the Contractor snail conDly war,the orovisions of Title VI of Civil Rights Act of 1964 42 USC 2000. Seaton 504 of the Renamlitation Act of 1973 29 USC 794 Chaoter 49.60 ROW, and Title I of the Americans witn Disabilities Act 42 USC 121 1-1211 7 as now or hereafter amended. The Contractor snail not discriminate on the grounds of race, color, national origin, sex, religion, marral status,age. creed,Vetnam-cra and Disaoied Veterans status. or the presence of anv sensory, mental,or physical handicap in any terms and conditions of employment to inoude taking affirmative action necessary to accomoiish the objectives of this part and denying an individual the opportunity to participate in any program provided by this agreement througn the provisions of services, or otherwise afforded others. 14) Political Activities—No funds,materials, equipment, or services provided herein shall be used for any partisan political activity or to further me election of defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of congress, or an emplovee of a member of congress, an officer or employee of congress in connection with the awarding of any federal loan or the entering in gf any cooperative agreements. 15) Single Audit—State and local governments that receive federal assistance are subject to the audit requirements of the Office of Management and Budget(OMB)Circular A-128. An institution of higher education or a nonprofit entity must comply with audit requirements in OMB Circular A-133. An independent audit of the financial operations, including compliance with provisions of federal law and regulations of all funds expended,must be arranged for by the contractor. A copy of the completed audit must be submitted to the WTSC. 16) Seat Beft Policy—No funds, materials, property, or services will be provided to any political subdivision that does not have a concurrent and actively enforced policy requiring the use of seat belts. 17) Drug Free Workplace—In accordance with the Anti-Drug Act of 1988 41 USC 702-707 and Drug-Free Workplace,42 USC 12644, the WTSC has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees,grantees,and/or sub-grantee of the Agency and/or any such activity is prohibited in the workplace. Applicant Agency - Proiect Director's Sisna e Kent City Council Meeting Date September 19, 2000 Category Other Business 1 . SUBJECT: 2000 LTGO BOND ORDINANCE AND PURCHASE CONTRACT - ADOPT AND APPROVE 2 . SUMMARY STATEMENT: The Operations Committee has recommended adoption of a Bond Ordinance for $11, 220, 000 , plus issuance costs . They also approved the addition of a refunding for approximately $8 , 764 , 138 , plus issuance costs, which will save the City approximately $106, 000 (present value) in interest savings . Authorization for the Mayor to sign a purchase contract with Lehman Brothers for this combined bond issue was also recommended. May Miller, Finance Director, and Dick King of Lehman Brothers will make a brief presentation. 3 . EXHIBITS: Ordinance, purchase contract, memos and worksheets 4 . RECOMMENDED BY: Operations Committee (3-0) 8/1/00 and Council 8/15/00 (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ql� 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : ter 5a 7 . CITY COUNCIL ACTION: --- Councilmember moves, Councilmember seconds to adopt Bond Ordinance No. 3 for the issuance of LTGO bonds for $11 , 220, 000, plus debt issuance costs, and the refunding of $8 , 764 , 138 , plus issuance costs, and to authorize signing of the bond purchase contract with Lehman Brothers. DISCUSSION: IUD ACTION: Council Agenda Item No. 7A 09/13/00 13:22 FAX 206 447 9700 F F & 5 , ORDINANCE NO. AN ORDINA.NL CE of the City of Kent,Washington,relating to contracting indebtedness;providing for the issuance of S20,295,000 par value of Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000, of the City for (a) general City purposes to provide funds with which to finance a variety of capital projects, (b)to provide part of the funds with which to pay the cost of advance refunding a portion of the City's outstanding Limited Tax General Obligation and Refunding Bonds, 1995, and Limited Tax General Obligation Bonds, 1999,and(c)paying the administrative costs of such refunding and the costs of issuance and sale of such bonds; fixing the date, form, maturities,interest rates,terms and covenants of the bonds;providing for and authorizing the purchase of certain obligations out of the proceeds of the sale of the bonds herein authorized and for the use and application of the money derived from those investments; authorizing the execution of an agreement with U.S.Bank Trust National Association of Seattle, Washington, as refunding trustee; providing for the call, payment and redemption of the outstanding bonds to be refunded;providing for bond insurance; establishing a bond redemption fund and a proj ect fund; and approving the sale and providing for the delivery of the bonds to Lehman Brothers Inc. of Seattle,Washington. PASSED SEPTEMBER 19, 2000 nis documentprepared by: Foster Pepper&Shefelman PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 09/13/00 13:22 FAX 206 447 97.00 F P & S 10 005 TABLE OF CONTENTS Page SECTION1. Definitions...................................................................................................4 SECTION2. Debt Capacity............ ............................................................ SECTION 3. Authorization and Purposes of Bonds......................................................... 6 SECTION 4. Description of Bonds................................................................................... 7 SECTIONS. Registration and Transfer of Bonds ............................................................ 9 SECTION 6. Payment of Bonds....... .............................................................................. 11 SECTION 7. Redemption Provisions and Open Market Purchase of Bonds.................. 11 SECTION 8. Notice of Redemption................................................................................. 13 SECTION 9. Failure To Redeem Bonds......................................................................... 13 SECTION I0. Pledge of Taxes........................................................................................ 14 SECTION 11. Refunding of the Refunded Bonds............................................................ 14 SECTION 12. Call for Redemption of the 1995 Refunded Bonds.................................. 17 SECTIONI3. City Findings with Respect to Refunding................................................ 17 SECTION 14. Bond Fund and Deposit of Bond Proceeds............................................. 18 SECTION I S. Form and Execution of Bonds............................................................. — 18 SECTIONI6. Bond Registrar......................................................................................... 19 SECTION 17. Preservation of Tax Exemption for Interest on Bonds............................20 SECTION 18. Refunding or Defeasance of the Bonds....................................................20 SECTION 19. Approval of Bond Purchase Contract .....................................................21 SECTION 20. Preliminary Official Statement Deemed Final........................................ 22 SECTION21. Undertaking to Provide Continuing Disclosure......................................22 SECTION 22. Bondlnsurance........................................................................................ 25 SECTION23. Severability..............................................................................................25 SECTION24. Effective Date .........................................................................................26 50193413.04 1 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 19:22 FAX 206 447 9700 Y Y e ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to contracting indebtedness; providing for the issuance of$20,295,000 par value of Limited Tax General Obligation Various Purpose and Refunding Bonds,2000, of the City for(a) general City purposes to provide fiords with which to finance a variety of capital projects, (b)to provide part of the funds with which to pay the cost of advance refunding a portion of the City's outstanding Limited Tax General Obligation and Refunding Bonds, 1995,and Limited Tax General Obligation Bonds, 1999, and(c)paying the administrative costs of such refunding and the costs of issuance and sale of such bonds; fixing the date, form, maturities, interest rates, terms and covenants of the bonds; providing for and authorizing the purchase of certain obligations out of the proceeds of the sale of the bonds herein authorized and for the use and application of the money derived from those investments;authorizing the execution of an agreement with U,S. Bank Trust National Association of Seattle, Washington, as refunding trustee;providing for the call,payment and redemption of the outstanding bonds to be refunded; providing for bond insurance; establishing a bond redemption fund and a project fund; and approving the sale and providing for the delivery of the bonds to Lehman Brothers Inc. of Seattle, Washington. WHEREAS, the City of Kent, Washington (the "City"), is in need of financing a variety of capital projects which are more particularly described in Exhibit A to this ordinance, the estimated cost of which is 511,705,000, and the City does not have available sufficient funds to pay the cost; and WHEREAS,pursuant to Ordinance No. 3209, the City heretofore issued its $5,420,000 par value Limited Tax General Obligation and Refunding Bonds, 1995 (the "1995 Bonds"),for the purpose of providing part of the funds with which to pay the cost of advance refunding the City's outstanding Golf Complex Revenue Bonds, 1988, acquiring, constructing and installing certain improvements to the City's Golf Complex and paying the SDI97415 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 13:22 FAX. 206 447 9700 F P & S Z 007 administrative costs of such refunding and costs of issuance, and by that ordinance reserved the right to redeem the 1995 Bonds prior to their maturity at any time on or after December 1, 2004, at 101% of par, plus accrued interest to the date fixed for redemption; and WHEREAS, there are presently outstanding $1,035,000 par value of 1995 Bonds maturing on December 1 of each of the years 2009 through 2010, inclusive, and bearing various interest rates from 6.20%to 6.25%(the "1995 Refunded Bonds"); and WHEREAS, pursuant to Ordinance No. 3444,the City heretofore issued its $21,205,000 par value Limited Tax General Obligation Bonds, 1999 (the "1999 Bonds"), for the purpose of financing a variety of capital projects, including technology and communication upgrades, acquiring land and buildings for municipal purposes and providing major municipal facility upgrades and street improvements; and WHEREAS, there are presently outstanding $7,965,000 par value of 1999 _ Bonds maturing on December 1 of each of the years 2004 through 2009, inclusive, and bearing various interest rates from 4.00%to 4.40% (the "1999 Refunded Bonds"), and WHEREAS,after due consideration, it appears to the City Council that the 1995 Refunded Bonds and 1999 Refunded Bonds (collectively,the"Refunded Bonds")may be refunded by the issuance and sale of the limited tax general obligation refunding bonds authorized herein (the 'Bonds") so that a substantial savings will be effected by the difference between the principal and interest cost over the life of the Bonds allocated to such refunding and the principal and interest cost over the life of the Refunded Bonds but for such refunding,which refunding will be effected by: (a) The issuance of the Bonds and the payment of the administrative costs of the refunding; (b) The payment of the principal of and interest on the 1995 Refunded Bonds when due up to and including December 1, 2004, and the call, payment and redemption on December 1, 2004, of all of the then- 5ntmnia.OA 2 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 19:22 FAX 206 447 9700 outstanding 1995 Refunded Bonds at a price of 101%of par; and (c) The payment of the principal of and interest on the 1999 Refunded Bonds when due of all of the then-outstanding 1999 Refunded Bonds at a price of par; (the"Refunding Plan")and WHEREAS, to effect that refunding in the manner that will be most advantageous to the City it is found necessary and advisable that certain Acquired Obligations (hereinafter defined) bearing interest and maturing at such time or times as necessary to accomplish the refunding as aforesaid be purchased out of a portion of the proceeds of the Bonds; and WHEREAS,the City Council deems it to be in the best interests of the City to issue and sell the Bonds to pay costs of advance refunding the Refunded Bonds and to pay the administrative costs of such refunding and the costs of issuance and sale of the Bonds; and WHEREAS, of New York(the"Bond Insurer"), has made a commitment to issue an insurance policy (the "Municipal Bond Insurance Policy") insuring the payment when due of the principal of and interest on the bonds authorized herein,to be issued as provided therein, and the City Council deems that the purchase of the Municipal Bond Insurance Policy is in the best interest of the City; and WHEREAS, Lehman Brothers Inc. of Seattle, Washington, has offered to purchase the bonds authorized herein under the terms and conditions hereinafter set forth in the form of a bond purchase contract; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: 5019341 0A 3 LTGO Various Purpose and Refunding Bonds,2000 i 09/13/00 13:22 FAX 206 447 9700 F P & S �009 SECTIONI. De nirions. As used in this ordinance, the following words shall have the following meanings: "Acquired Obligations" means those United States Treasury Certificates of Indebtedness and/or Notes--State and Local Government Series and other direct,noncallable obligations of the United States of America purchased to accomplish the Refunding Plan as authorized by this ordinance. "Bond Fund" means the Limited Tax General Obligation Various Purpose and Refunding Bond Fund, 2000, created by this ordinance for the payment of the Bonds. "Bond Insurer"means , of , "Bond Register" means the books or records maintained by the Bond Registrar containing the name and mailing address of the owner of each Bond and the principal amount and number of Bonds held by each owner. "Bond Registrar"means collectively,the fiscal agent and co-fiscal agent of the State of Washington, as the same may be designated from time to time. "Bonds"means the$ par value Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000, of the City issued pursuant to and for the purposes provided in this ordinance. "1995 Bonds"means the outstanding Limited Tax General Obligation and Refunding Bands, 1995, of the City issued pursuant to Ordinance No. 3209,the refunding of a portion of which has been provided for by this ordinance. "1995 Refunded Bonds" means the presently outstanding $1,035,000 par value of 1995 Bonds maturing on December 1 of each of the years 2009 through 2010, inclusive, and bearing various interest rates from 6.20%to 6.25%. "1999 Bonds" means the outstanding Limited Tax General Obligation Bonds, 1999, of the City issued pursuant to Ordinance No. 3444,the refunding of a portion of which has been provided for by this ordinance. "1999 Refunded Bonds" means the presently outstanding $7,965,000 par value of 1999 Bonds maturing on December 1 of each of the years 2004 through 2009,inclusive,and bearing various interest rates from 4.00%to 4.40%. 50193413.0 4 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 13:23 FAX 206 447 9700 r r a a "City"means the City of Kent,Washington, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Washington. "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. "DTC"means The Depository Trust Company, New York,New York. "Finance Director"means the Finance Division Director of the City. "Government Obligations"means direct,noncallable obligations of the United States of America. "Letter of Representations"means the Blanket Issuer Letter of Representations dated March 16, 1999,between the City and DTC,as it may be amended from time to time. "Municipal Bond Insurance Policy"means the policy issued by the Bond Insurer insuring the payment of the principal of and interest on the Bonds. "Projects"means a variety of capital projects as identified in Exhibit A,attached hereto and by this reference made a part hereof. "Refunded Bonds"means,collectively,the 1995 Refunded Bonds and 1999 Refunded Bonds. "Refunding Plan"means: (a) the placement of sufficient proceeds of the Bonds which,with other money of the City,if necessary,will acquire the Acquired Obligations to be deposited, with cash, if necessary,with the Refunding Trustee; (b) the payment of the principal of and interest on the 1995 Refunded Bonds when due up to and including December 1,2004,and the call, payment and redemption on December 1,2004, of all of the then-outstanding 1995 Refunded Bonds at a price of 101% of par; (c) the payment of the principal of and interest on the 1999 Refunded Bonds when due at a price of par; (d) the costs of payment of the administrative costs of the Refunding Plan. "Refunding Trust Agreement"means a Refunding Trust Agreement between the City and the Refunding Trustee substantially in the form of that which is on file with the City Clerk 39197411.04 5 LTGO Various Purpose and Befunding Bonds, 2000 09/13/00 13:23 FAX 206 447 9700 F P & S 011 and by this reference incorporated herein. "Refunding Trustee" means U.S. Bank Trust National Association, Seattle, Washington, serving as trustee or escrow agent or any successor trustee or escrow agent. SECTION2. Debt Capacity. The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar year 2000 is $6,468,731,941, and the City has outstanding general indebtedness evidenced by limited tax general obligation bonds, loans, leases and conditional sales contracts in the principal amount of 559,950,046 incurred within the limit of up to 1-1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein, $9,000,000 of which will be refunded by the Bonds, unlimited tax general obligation bonds in the principal amount of $11,425,000 incurred within the limit of up to 2-1/2%of the value of the taxable property within the City for capital purposes only issued pursuant to a vote of the qualified voters of the City, and the amount of indebtedness for which bonds are authorized herein to be issued is $20,295,000. SECTION3. Authorization and Purposes ofBonds. The City shall borrow money on the credit of the City and issue negotiable limited tax general obligation various purpose and refunding bonds evidencing that indebtedness in the amount of$20,295,000 for general City purposes,to provide the funds to finance the Projects, carry out the Refunding Plan, and to pay the costs of issuance and sale of the bonds (the "costs of issuance'. The general indebtedness to be incurred shall be within the limit of up to 1-1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein. The City shall issue the bonds in the manner described in this ordinance and spend the proceeds thereof to pay costs of the Projects and to carry out the Refunding Plan. The costs of all necessary architectural, engineering, legal and other consulting services, inspection and testing, administrative and relocation expenses, interim interest expenses,sitc acquisition or improvement, demolition, on and off-site utilities,related improvements and all other costs incurred in connection with the malting or acquiring of the foregoing improvements constituting the Projects shall be deemed a part of the costs of such $0193413.94 6 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 13:23 FAX 2Ub 44t a/UU _ _.,r r a zi improvements and acquisitions. -fhe Projects shall include all necessary furniture, equipment and appurtenances. The City Council shall determine the application of available money between the various parts or elements of the Projects so as to accomplish, as near as may be, all improvements and acquisitions described. The City Council also shall determine as appropriate the exact order,features,extent and specifications for the Projects. If the City Council shall determine in its discretion that it has become impractical to accomplish any of such improvements and acquisitions or portions thereof by reason of state or local circumstances, including,but not limited to, changed conditions or needs, regulatory considerations,incompatible development or costs substantially in excess of those estimated, the City shall not be required to accomplish such improvements and acquisitions and may apply the bond proceeds or any portion thereof to other portions of the improvements and acquisitions,to other proper purposes as the City Council may direct, or to payment of principal of or interest on the bonds. SECTION 4, Description of Bonds. The Bonds shall be in the aggregate principal amount of $20,295,000; shall be dated October 1, 2000; shall be in the denomination of$5,000 or any integral multiple thereof within a single maturity; shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) payable semiannually on each June I and December 1, commencing December 1, 2000, to the maturity or earlier redemption of the Bonds;and shall mature on December 1 in years and amounts and bear interest at the rates per annum as follows: 50193A13.01 7 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 13:23 FAX 206 447 9700 F P Maturity ,Interest Years Amounts Rates 2000 $ 1302000 2001 460,000 2002 480,000 2003 505,000 2004 1,870,000 2005 1,950,000 2006 2,055,000 2607 1,710,000 2008 1,595,000 2009 2,175,000 2010 1,015,000 2011 500,000 2012 525,000 2013 550,000 2014 530,000 2015 610.000 2016 640,000 2017 680,000 2018 715,000 2019 755,000 2020 795,000 Portions of the above maturity amounts are allocated to paying the respective costs of the Project and of carrying out the Refunding Plan, including a ratable share of proceeds used to pay the costs of issuance of the Bonds, in accordance with the following schedule: Niwau oa 8 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 13:23 FA-X 206 447 97UU r Y s r��iti Maturity Refunding New Money Years Allocation Allocation Total 2000 $ 130,000 2001 460,000 2002 4803000 2003 505,000 2004 1,870,000 2005 1,950,000 2006 2,055,000 2007 1,710,000 2008 1,595,000 2009 2,175,000 2010 1,015,000 2011 500,000 2012 525,000 2013 550,000 2014 580,000 2015 610,000 2016 640,000 2017 680,000 2018 715,000 2019 755,000 2020 795,000 The term of the Bonds allocated to the various Projects does not exceed the expected lives of the Projects to be financed with the proceeds of the Bonds. SECTIONS. Registration and Transfer of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. The Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner. Bonds surrendered to the Bond Registrar may be exchanged for Bonds in any authorized denomination of an equal aggregate principal amount and of the same interest rate and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the so�9� u.o 9 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 13:23 FAX 206 447 9700 F P & 5 C�015 owner or transferee. The Bond Registrar shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date, The Bonds initially shall be registered in the name of Cede & Co., as the nominee of DTC. The Bonds so registered shall be held in fully immobilized form by DTC as depository in accordance with the provisions of the Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds regarding accuracy of any records maintained by DTC or DTC participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to registered owners hereunder (except such notice as is required to be given by the Bond Registrar to DTC). For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its successor depository shall be deemed to be the registered owner for all purposes hereunder and all references to registered owners, bondowners,bondholders or the like shall mean DTC or its nominee and shall not mean the owners of any beneficial interests in the Bonds. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except: (i)to any successor of DTC or its nominee, if that successor shall be qualified under any applicable laws to provide the services proposed to be provided by it; (ii) to any substitute depository appointed by the City or such substitute depository's successor; or(iii) to any person if the Bonds are no longer held in immobilized form. Upon the resignation of DTC or its successor(or any substitute depository or its successor) from its functions as depository,or a determination by the City that it no longer wishes to continue the system of book entry transfers through DTC or its successor(or any substitute depository or its successor), the City may appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. s019341),04 10 LTGO various Purpose and Refunding Bonds, 2000 09/13/00 13:23 FAX 206 447 97UU r r a a If(i) DTC or its successor(or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or(ii)the City determines that the Bonds are to be in certificated form, the ownership of Bonds may be transferred to any person as provided herein and the Bonds no longer shall be held in fully immobilized form. SECTION 6. Pay Went ofBonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by checks or drafts of the Bond Registrar mailed on the interest payment date to the registered owners at the addresses appearing on the Bond Register on the 15th day of the month preceding the interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners at either of the principal offices of the Bond Registrar at the option of the registered owners. Notwithstandinb the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, payment of principal of and interest on the Bonds shall be made in the manner set forth in the Letter of Representations. SECTION 7. Redemption Provisions and Open Marker Purchase ofBonds. Bonds maturing in the years 2001 through 2010, inclusive,shall be issued without the right or option of the City to redeem those Bonds prior to their stated maturity dates. The City reserves the right and option to redeem the Bonds maturing on or after December 1, 2011, prior to their stated maturity dates at any time on or after December 1, 2010, as a whole or in part(within one or more maturities selected by the City and randomly within a maturity in such manner as the Bond Registrar shall determine), at par plus accrued interest to the date fixed for redemption. (ADD FOR TERM BONDS] (Bonds maturing in 2020 are Term Bonds and, if not redeemed under the optional redemption provisions set forth above or purchased in the open market under the provisions set forth below,shall be called for redemption by lot(in such manner as the Bond soim.�.0 11 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 10:23 FAX 206 447 9700 F P & S (i017 Registrar shall determine) at par plus accrued interest on December 1 in years and amounts as follows: Mandatory Mandatory Redemption Redemption Years Amounts [Insert redemption schedule] [If the City shall redeem Term Bonds under the optional redemption provisions set forth above or purchase Term Bonds in the open market as set forth below,the par amount of the Term Bonds so redeemed or purchased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds (as allocated by the City) beginning not earlier than 60 days after the date of the optional redemption or purchase, and the City shall promptly notify the Bond Registrar in writing of the manner in which the credit for the Term Bonds so redeemed or purchased has been allocated.] Portions of the principal amount of any Bond, in installments of$5,000 or any integral multiple thereof, may be redeemed. If less than all of the principal amount of any Bond is redeemed, upon surrender of that Bond at either of the principal offices of the Bond Registrar,there shall be issued to the registered owner,without charge therefor, a new Bond(or Bonds, at the option of the registered owner) of the same maturity and interest rate in any of the denominations authorized by this ordinance in the aggregate principal amount remaining unredeemed. The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price plus accrued interest to the date of purchase. 50197413.04 12 LTGD [carious Purpose and Refunding Bonds, 2000 09/13 00 13:24 FAX 206 447 9700 All Bonds purchased or redeemed under this section shall be canceled. Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, selection of Bonds for redemption shall be in accordance with the Letter of Representations. SECTION 3. Notice of Redemption. The City shall cause notice of any intended redemption of Bonds to be given not less than 30 nor more than 60 days prior to the date fixed for redemption by first-class mail,postage prepaid,to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the registered owner of any Bond. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call. In addition, the redemption notice shall be mailed within the same period, postage prepaid, to Moody's Investors Service, Inc., and Standard&Poor's at their offices in New York,New York, or their successors, to Lehman Brothers Inc. at its principal office in Seattle, Washington, or its successor, to the Bond Insurer at its principal office in , or its successor, to each NRMSIR or the MSRB and to such other persons and with such additional information as the City Finance Division Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, notice of redemption shall be given in accordance with the Letter of Representations. SECTION 9. Failure To Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and alter its maturity or call date until that Bond,both principal and interest,is paid in full or until sufficient money for its payment in full is on deposit in the bond redemption fund hereinafter created and the Bond has been 30193413.W 13 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 13:24 FAX 206 447 9700 F P & 5 Z 019 called for payment by giving notice of that call to the registered owner of each of those unpaid Bonds. SECTION 10. PledQe of Trues. For as long as any of the Bonds are outstanding, the City irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City on all of the taxable property within the City in an amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bonds, and the full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest, SECTION11. Refundine of the Refunded Bonds. (a) Appointment ofRefunding trustee. U.S. Bank Trust National Association of Seattle, Washington, is appointed Refunding Trustee. (b) Use of Bond Proceeds:Acquisition ofAcguired Obligations. A sufficient amount of the proceeds of the sale of the Bonds shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used to discharge the obligations of the City relating to the Refunded Bonds under Ordinances Nos. 3209 and 3444 by providing for the payment of the amounts required to be paid by the Refunding Plan. To the extent practicable, such obligations shall be discharged fully by the Refunding Trustee's simultaneous purchase of the Acquired Obligations,bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide,together with a beginning cash balance, if necessary, for the payment of the amount required to be paid by the Refunding Plan. The Acquired Obligations are listed and more particularly described in Schedule A attached to the Refunding Trust Agreement between the City and the Refunding Trustee, but are subject to substitution as set forth below. Any Bond proceeds or other money deposited with the Refunding Trustee not needed to purchase the Acquired Obligations and provide a beginning cash balance, if any, and, if applicable,pay the costs of issuance of the Bonds shall be returned to the City at the time of delivery of the Bonds to the 50197413.01 14 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 10:24. FA% 206 447 9700 F P & 5 ,LJJ V 4 initial purchaser thereof and deposited in the Bond Fund to pay interest on the Bonds on the first interest payment date. (c) Substitution ofAc aired Obligations. Prior to the purchase of any Acquired Obligations by the Refunding Trustee, the City reserves the right to substitute other Government Obligations for any of the Acquired Obligations and to use any savings created thereby for any lawful City purpose if, (a) in the opinion of Foster Pepper& Shefelrnan PLLC,the City's bond counsel,the interest on the Bonds and the Refunded Bonds will remain excluded from gross income for federal income tax purposes under Sections 1031 148, and 149(d) of the Code, and (b) such substitution shall not impair the timely payment of the amounts required to be paid by the Refunding Plan, as verified by a nationally recognized independent certified public accounting firm. After the purchase of the Acquired Obligations by the Refunding Trustee, the City reserves the right to substitute therefor cash or Government Obligations subject to the conditions that such money or securities held by the Refunding Trustee shall be sufficient to carry out the Refunding Plan,that such substitution will not cause the Bonds and the Refunded Bonds to be arbitrage bonds within the meaning of Section 148 of the Code and regulations thereunder in effect on the date of such substitution and applicable to obligations issued on the issue date of the Bonds, and that the City obtain, at its expense: (1)a verification by a nationally recognized independent certified public accounting firm acceptable to the Refunding Trustee confirming that the payments of principal of and interest on the substitute securities, if paid when due, and any other money held by the Refunding Trustee will be sufficient to carry out the Refunding Plan; and (2) an opinion from Foster Pepper & Shefelman PLLC, bond counsel to the City, its successor, or other nationally recognized bond counsel to the City, to the effect that the disposition and substitution or purchase of such securities, under the statutes, rules, and regulations then in force and applicable to the Bonds,will not cause the interest on the Bonds or the Refunded Bonds to be included in gross income for federal income tax purposes and that such disposition and substitution or purchase is in compliance with the statutes and regulations applicable to the S01W417,04 is LTGO Various Purpose and Refunding Bonds, 2000 _ 09/13/00 1J:24 FAX 206 447 9700 F P & S Z 021 Bonds. Any surplus money resulting from the sale,transfer, other disposition,or redemption of the Acquired Obligations and the substitutions therefor shall be released from the trust estate and transferred to the City to be used for any lawful City purpose. (d) Administration ofRefundingPlan. The Refunding Trustee is authorized and directed to purchase the Acquired Obligations (or Government Obligations) and to make the payments required to be made by the Refunding Plan from the Acquired Obligations (or Government Obligations)and money deposited with the Refunding Trustee pursuant to this Ordinance. All Acquired Obligations (or Government Obligations) and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably,invested and applied in accordance with the provisions of Ordinances Nos. 3209 and 3444, this ordinance, chapter 39.53 RCW and other applicable statutes of the State of Washington and the Refunding Trust Agreement. All necessary and proper fees, compensation, and expenses of the Refunding Trustee for the Bonds and all other costs incidental to the setting up of the escrow to accomplish the refunding of the Refunded Bonds and costs related to the issuance and delivery of the Bonds, including bond printing, verification fees,bond insurance premium,bond counsel's fees, and other related expenses, shall be paid out of the proceeds of the Bonds. (e) Authorization for Refunding Trust Agreement. To carry out the Refunding Plan provided for by this Ordinance,the Mayor or Finance Director of the City is authorized and directed to execute and deliver to the Refunding Trustee a Refunding Trust Agreement substantially in the form on file with the City Clerk and by this reference made a part hereof setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the payment,redemption,and retirement of the Refunded Bonds as provided herein and stating that the provisions for payment of the fees,compensation,and expenses of such Refunding Trustee set forth therein are satisfactory to it. Prior to executing the Refunding Trust Agreement, the Mayor or Finance Director of the City is authorized to make such changes therein that do not change the substance and purpose thereof or that assure that the escrow provided therein and the Bonds are in compliance with the 50193413 U 16 LTGO Various Purpose and Refunding Bonds, 2000 09/13i00 13:24 FAX 206 447 9700 r r x �V« requirements of federal law governing the exclusion of interest on the Bonds from gross income for federal income tax purposes. SECTIONI2. Call for Redemption ofthe 1995 Refunded Bonds. The City calls for redemption on December 1, 2004, all of the 1995 Refunded Bonds at 101% of par plus accrued interest. Such call for redemption shall be irrevocable after the delivery of the Bonds to the initial purchaser thereof. The date on which the 1995 Refunded Bonds are herein called for redemption is the first date on which those bonds may be called. The proper City officials are authorized and directed to give or cause to be given such notices as required, at the times and in the manner required, pursuant to Ordinance No. 3209 in order to effect the redemption prior to their maturity of the 1995 Refunded Bonds. SECTIONI3. City Findings with Respect to Refunding. The City Council of the City finds and determines that the issuance and sale of the Bonds at this time will effect a savings to the City and is in the best interest of the City and its taxpayers and in the public interest. In making such finding and detennination, the City Council has given consideration to the fixed maturities of the Bonds and the Refunded Bonds, the costs of issuance of the Bonds allocable to the refunding and the known earned income from the investment of the proceeds of the issuance and sale of the Bonds used in the Refunding Plan pending payment and redemption of the Refunded Bonds. The City Council further finds and determines that the money to be deposited with the Refunding Trustee for the Refunded Bonds in accordance with Section 11 of this ordinance will discharge and satisfy the obligations of the City under Ordinances Nos. 3209 and 3444 with respect to the Refunded Bonds, and the pledges, charges, trusts, covenants, and agreements of the City therein made or provided for as to the Refunded Bonds, and that the Refunded Bonds shall no longer be deemed to be outstanding under such Ordinance immediately upon the deposit of such money with the Refunding Trustee. so �•,a 17 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 13:24 FAX 206 447 9700_ F P & S (023 SECTION l4. Bond Fund and Deposir of Bond Proceeds. The Bond Fund is created and established in the office of the City Finance Division Director a special fund designated as the Limited Tax General Obligation Various Purpose and Refunding Bond Fund, 2000, for the purpose of paying principal of and interest on the Bonds. Accrued interest on the Bonds, if any, received from the sale and delivery of the Bonds shall be paid into the Bond Fund. All taxes collected for and allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund. There also is created and established in the office of the City Finance Division Director a special fund designated as the 2000 LTGO Project Fund (the "Project Fund"). The remaining principal proceeds received from the sale and delivery of the Bonds after deposit with the Refunding Trustee of a sufficient amount to carry out the Refunding Plan as described in Section 11 herein, shall be paid into the Project Fund and used to pay the costs of the Projects and costs of issuance of the Bonds. Until needed to pay those costs, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the Project Fund and be spent for the purposes of that fund except that earnings subject to a federal tax or rebate requirement may be withdrawn from the Project Fund and used for those tax or rebate purposes. SECTION IS. Form and Execution ofBonds. The Bonds shall be printed or lithographed on good bond paper in a form consistent with the provisions of this ordinance and state law and shall be signed by the Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile,and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: U173411a 18 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00, 13: YA i'AA ZUU 441 aruu r r CERTIFICATE OF AUTHENTICATION This Bond is one of the fully registered City of Kent, Washington, Limited Tax General Obligation Various Purpose and Refunding Bonds,2000, described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENT, Bond Registrar By Authorized Signer The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered and are entitled to the benefits of this ordinance. If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds,although he or she did not hold the required office on the date of issuance of the Bonds. SECTION 16. Bond Registrar. The Bond Registrar shall keep, or cause to be kept,at its principal corporate trust office,sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance,to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No.2418 establishing a system of registration for the City's bonds and obligations. 50193413.04 19 LTGO Various Purpose and Refunding Bonds,2000 09/13/00 19:25 FAX 206_447 9700 F P & S 2025 The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and,to the extent permitted by law,may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. SECTION 17. Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirement of Section 148 of the Code, is applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with that requirement in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon, SECTION18. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to the laws of the State of Washington or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then-outstanding Bonds (hereinafter collectively called the "defeased Bonds") and to pay the costs of the refunding or defeasance. If money and/or direct obligations of the United States of America maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or $019UU.04 20 LTGO Various Purpose and Refunding Bonds,2000 UO"1J, UU 1J.4J IAA Guv defease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account"), then all right and interest of the owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. The owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account. The City shall include in the refunding or defeasance plan such provisions as the City deems necessary for the random selection of any defeased Bonds that constitute less than all of a particular maturity of the Bonds, for notice of the defeasance to be given to the owners of the defeased Bonds and to such other persons as the City shall determine, and for any required replacement of Bond certificates for defeased Bonds. The defeased Bonds shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine. If the Bonds are registered in the name of DTC or its nominee,notice of any defeasance of Bonds shall be given to DTC in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. Notwithstanding anything in this section to the contrary, if the principal of and/or interest due on the Bonds is paid by the Bond Insurer pursuant to the Municipal Bond Insurance Policy,the Bonds shall be treated as remaining outstanding for all purposes and shall not be considered paid by the City, and the covenants, agreements and other obligations of the City to the registered owners of the Bonds shall continue to exist, and the Bond Insurer shall be subrogated to the rights of the registered owners. SECTION29. Approval of Bond Purchase Contract Lehman Brothers Inc. of Seattle, Washington, has presented a purchase contract(the "Bond Purchase Contract") to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract,which written Bond Purchase Contract is on file with the City Clerk M9341304 21 - LTGO Various Purpose and Refunding$ands, 2000 09/13/00 19:25 FAX 206 447 9700 F P & S Z 027 and is incorporated herein by this reference. The City Council fords that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials. The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper& Sliefelman PLLC, municipal bond counsel of Seattle, Washington, regarding the Bonds. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser and for the proper application and use of the proceeds of the sale thereof. SECTION20. Preliminary Official Statement Deemed Final. The City Council has been provided with copies of a preliminary official statement dated September 6, 2000 (the "Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the Bond purchaser's compliance with Securities and Exchange Commission Rule 15c2-12(b)(1),the City "deems final"that Preliminary Official Statement as of its date, except for the omission of information as to offering prices,interest rates, selling compensation, aggregate principal amount, principal amount per maturity, maturity dates, options of redemption, delivery dates,ratings and other terms of the Bonds dependent on such matters. SECTION21. Undertaking to Provide Continuing Disclosure. To meet the requirements of United States Securities and Exchange Commission (`SEC") Rule 15c2- 12(b)(5) (the "Rule"), as applicable to a participating underwriter for the Bonds, the City makes the following written undertaking (the"Undertaking")for the benefit of holders of the Bonds: (a) Undertaking to Provide Annual Financial Information and Notice of Material Events. The City undertakes to provide or cause to be :oI"4(3 a 22 LTGO Various Purpose and Refunding Bonds, 2000 09i13/UU 1J:2a kAA [uu 441 aivv r r N o provided, either directly or through a designated agent: (i) To each nationally recognized municipal securities information repository designated by the SEC in accordance with the Rule C NRMS1R") and to a state information depository, if any, established in the State of Washington (the "SID") annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection(b)of this section ("annual financial information"); (ii) To each NRMSIR or the Municipal Securities Rulemaking Board ("MSRB"), and to the SID, timely notice of the occurrence of any of the following events with respect to the Bonds,if material: (1) principal and interest payment delinquencies; (2) non- payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties;(5)substitution of credit or liquidity providers,or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (7) modifications to rights of holders of the Bonds; (S) Bond calls (other than scheduled mandatory redemptions of Term Bonds); (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds; and(11)rating changes;and (iii) To each NRMSIR or to the MSRB, and to the SID, timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection(b) of this section. (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection(a) of this section: (i) Shall consist of(1)annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles promulgated by the Government Accounting Standards Board ("GASB'% as such principles may be changed from time to time,which statements shall not be audited, except, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided;(2)a statement of the City's general obligation debt service requirements; and(3) an update of the information set forth in tables 1, 4, 5, 6, 7 and 8 of the Official Statement for the Bonds; 50111413." 23 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 13:25 FAX 206 447 9700 F P & S 029 (ii) Shall be provided to each NRMSIR and the S1D, not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31,2000; and (iii) May be provided in a single or multiple documents,and may be incorporated by reference to other documents that have been filed with each NRMSIR and the SID,or,if the document incorporated by reference is a "final official statement" with respect to otter obligations of the City,that has been filed with the MSRB. (c) Amendment of Undertaking, The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency, NRMSIR, the SID or the MSRB, under the circumstances and in the manner permitted by the Rule. The City will give notice to each NINSIR or the MSRB,and the SID, of the substance(or provide a copy)of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and any holder of Bonds,and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of Bonds. In addition,the City's obligations under this Undertaking shall terminate if those provisions of the Mule which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City, and the City provides timely notice of such termination to each NRMSIR or the MSRB and the SID. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the $0143413.04 24 LTGD Various Purpose and Refunding Bonds, 2000 UV/1J/UU 1J:ZJ YA.1 GUO 441_UIUV Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take such actions as that holder deems necessary, including seeking an order of specific performance from an appropriate court,to compel the City or other obligated person to comply with the Undertaking. (g) Desianation of Official Responsible to Administer Undertaking. The Fviance Division Director of the City(or such other officer of the City who may in the future perform the duties of that office) or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary,appropriate or convenient to carry out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with the Rule, including,without limitation,the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in subsection (a) has occurred, assessing its materiality with respect to the Bonds, and, if material,preparing and disseminating notice of its occurrence; (iii) Determining whether any person other than the City is an"obligated person"within the meaning of the Rule with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of material events for that person in accordance with the Rule; (iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and (v) Effecting any necessary amendment of the Undertaking. SECTION 22. Bond Insurance. [if insured, insert appropriate language] SECTION23: Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall 50193113.0' 25 - LTGO Various Purpose and Refunding Bonds,2000 09/13/00 13:26 FAX 206 447 9700 F P & S 031 not affect the validity of the remaining portiou of this ordinance and the same shall remain in full force and effect. SECHON24: Effective Date. This ordinance shall take effect and be in force five(5) days from and after its passage, approval and publication as provided by law. JIM WHITE,MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICK 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 50193417.04 26 LTGO Various Purpose and Refunding Bonds, 2000 09/13/00 19:26 FAX 206 447 9700 F P & 5 [d]002 EXHIBIT A PROJECT DESCRIPTION 2r0'ect Descri lion Light Rail Parking Garage Ci 's share authorized by Council on May 5, 1998 Performing Arts/Civic Repayment of the City's Water Fund for funds used for part Center Land Acquisition of land acquisition and to provide additional funds for acquisition of additional land Facilities Remodel and Centennial remodeling for Permit Center and relocation of Back-up Generators departments and additional costs related to the back-up enerator o'ect as approved by Council on February 1, 2000 Police Headquarters Land Additional costs of land acquisition not covered in original Acquisition budget Fire Engine/Aid Trucks Acquisition of two fully-equipped en inlaid apparatus 501914D M A-1 LTGO Bonds, 2000 $20,285,000 CITY OF KENT, WASHINGTON LIMITED TAX GENERAL OBLIGATION AND REFUNDING BONDS,2000 BOND PURCHASE AGREEMENT September 19, 2000 City of Kent 220 Fourth Avenue South Kent, Washington 98032 Ladies and Gentlemen: The undersigned (the "Underwriter") hereby offers to enter into this Bond Purchase Agreement (the "Bond Purchase Agreement") with City of Kent, Washington (the"City"), which upon the City's acceptance hereof will be binding upon the City and the Underwriter. This offer is made subject to the City's acceptance by execution of this Bond Purchase Agreement and its delivery to the Underwriter on or before 10:38 P.M., Pacific Daylight Time, on September 19, 2000; and, if not so accepted, will be subject to withdrawal by the Underwriter upon written notice delivered by the Underwriter to the City at any time prior to the acceptance hereof by the City. All capitalized terms not otherwise defined herein shall be as defined in Ordinance No. passed by the City Council on September 19, 2000 (the "Ordinance"), and the Official Statement (as hereafter defined). 1. Purchase and Sale. Subject to the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriter hereby agrees to purchase from the City for offering to the public, and the City hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the City's $20,285,000 Limited Tax General Obligation and Refunding Bonds, 2000 (the "Bonds"). The Bonds shall be dated October 1, 2000, shall have the maturities, shall bear interest at the rates and shall be subject to redemption as set forth in Exhibit A attached hereto, such interest being payable commencing December 1, 2000, and semiannually thereafter on each June 1 and December 1 to the date such Bonds mature or are redeemed. The aggregate purchase price of the Bonds shall be the purchase price set forth in Exhibit A hereto, plus interest accrued (as described in Exhibit A) on the Bonds from their date to the Closing Date (as hereinafter defined). 2. The Official Statement and Authorizing Instruments. The Bonds shall be otherwise as described in the Official Statement of the City, dated the date hereof, relating to the Bonds which, together with all appendices thereto and with such changes therein and supplements thereto that are consented to in writing by the RJK\KENT BPA 09-13-002.DOC Underwriter, is herein called the "Official Statement"; and shall be issued and secured under the Ordinance. The City authorizes the use of the Official Statement in _ connection with the public offering and sale of the Bonds. The City also approves the use by the Underwriter, before the date hereof, of the preliminary Official Statement, dated September 6, 2000, relating to the Bonds, which together with the appendices attached thereto, is herein referred to as the "Preliminary Official Statement," in connection with the public offering of the Bonds. The City hereby authorizes the Underwriter, and the Underwriter agrees at its own expense, to file one copy of the Official Statement, together with any supplement or amendment thereto, with at least one of the nationally recognized municipal securities information repositories designated by the Securities and Exchange Commission (the "SEC") and two copies of the Official Statement (with any required forms) to the Municipal Securities Rulemaking Board ("MSRB") or its designee pursuant to MSRB Rule G-36 no later than ten business days following the date hereof. 3. Public Offering. The Underwriter agrees to make a bona fide public offering of all the Bonds initially at the public offering prices (or yields) set forth on the inside cover page of the Official Statement, provided that the initial public offering prices (or yields) may be changed, from time to time, by the Underwriter as it deems necessary in connection with the marketing of the Bonds. 4. Representations, Covenants and Warranties. The City represents, covenants and warrants to the Underwriter that: (a) The Ordinance and this Bond Purchase Agreement are legal, valid and binding obligations of the City enforceable against the City in accordance with their terms except that enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights or contractual obligations generally and by the exercise of judicial discretion in appropriate cases and no authorization or approval is required for the execution and delivery of the Ordinance or this Bond Purchase Agreement by the City, except such authorizations or approvals as shall have been obtained at or prior to the Closing, copies of which shall be delivered to the Underwriter at the Closing. (b) Except for the omission of such information that is dependent upon the final pricing of the Bonds for completion, all as permitted to be excluded by SEC Rule 15c2-12 ("Rule 15c2-12"), the Preliminary Official Statement was, as of its date, true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements and information therein contained, in light of the circumstances under which they were made, not misleading. 2 (c) The Official Statement is and at all times subsequent hereto up to and including the Closing Date will be, true and correct in all material respects and does not and will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements and information therein contained, in light of the circumstances under which they were made, not misleading. (d) The City has duly authorized and approved the execution of the Official Statement by the Mayor or his designee, including any amendments thereto under the terms of this Bond Purchase Agreement. (e) The City covenants and agrees to cause sufficient quantities of the Official Statement to be delivered to the Underwriter to enable the Underwriter to comply with the requirements of Rule 15c2-12 and of MSRB Rule G-32, without charge, within seven business days of the date hereof and, if the Closing Date is less than seven business days after the date hereof, upon request of the Underwriter, in sufficient time to accompany any confirmation requesting payment from any customers of the Underwriter. (f) The City further covenants and agrees that if, after the date hereof and until 25 days after the "end of the underwriting period" (as described below), any event shall occur as a result of which it is necessary to amend or supplement the Official Statement to make the statements therein, in the light of the circumstances under which they were made when the Official Statement is delivered to a purchaser, not misleading, or if it is necessary to amend or supplement the Official Statement to comply with law, the City shall notify the Underwriter and provide the Underwriter with such information as it may from time to time request, and to forthwith prepare and furnish, at its own expense (in a form and manner approved by the Underwriter), a reasonable number of copies of either amendments or supplements to the Official Statement so that the statements in the Official Statement as so amended and supplemented will not, in light of the circumstances under which they were made when the Official Statement is delivered to a purchaser, be misleading or so that the Official Statement will comply with applicable law. Unless otherwise notified in writing by the Underwriter, the City can assume that the "end of the underwriting period" for purposes of Rule 15c2-12 shall be the Closing Date. If such notice is so given in writing by the Underwriter, the Underwriter agrees to notify the City in writing following the occurrence of the "end of the underwriting period" as defined in Rule 15c2-12. (g) The City will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental agency prohibiting or 3 otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. (h) When delivered to The Depository Trust Company ("DTC") for the account of the Underwriter and paid for in full in accordance with the terms of this Bond Purchase Agreement, the Bonds (i) will have been duly authorized, 'executed, issued and delivered by the City, and (ii) will constitute valid, legally binding obligations of the City except that enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights or contractual obligations generally to the extent constitutionally applicable and by the exercise of judicial discretion in appropriate cases. (i) As of the time of acceptance hereof and as of the Closing, and except as disclosed in the Official Statement, to the knowledge of the City, no litigation is pending or is threatened in any court that (i) seeks to restrain or enjoin the issuance, sale or delivery of any of the Bonds, (ii) contests or affects the validity of the Bonds, the Ordinance, this Bond Purchase Agreement or the pledge of the City's full faith and credit to the payment of the Bonds, (iii) contests in any way, the completeness, accuracy or fairness of the Official Statement, or (iv) in any material respect might affect adversely the transactions contemplated herein, in the Ordinance or in the Official Statement. (j) The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as it may reasonably request to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate, except the City shall not be required in connection therewith or as a condition thereof to execute a general consent to service of process or to qualify to do business as a foreign corporation in any state. 5. The Closing. At 8:00 A.M., Pacific Daylight Time, on October 10, 2000, or at such other time or on such earlier or later business day as shall have been mutually agreed upon by the City and the Underwriter (the "Closing Date"), the City will deliver to the Underwriter the Bonds, duly executed and authenticated, through the facilities of DTC in New York, New York, or such other place to be mutually agreed upon by the City and the Underwriter, and shall deliver to the Underwriter the documents mentioned in Section 6 hereof, at such place in Seattle, Washington, as may be mutually agreed upon by the City and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof by certified check or by wire in immediately available federal funds. The payment and delivery of the Bonds, together with the delivery of the aforementioned documents, is 4 herein called the "Closing". The Bonds shall be made available to the Underwriter at the offices of DTC at least one business day before the Closing for purposes of inspection, and are to be left with DTC for safekeeping until release at Closing. The Underwriter acknowledges that the City is to have no responsibility for such safekeeping of the Bonds. 6. Closing Conditions. The Underwriter has entered into this Bond Purchase Agreement in reliance upon the representations and warranties herein and the performance by the City of its obligations hereunder, both as of the date hereof and as of the Closing Date. The Underwriter's obligations under this Bond Purchase Agreement are and shall be subject to the performance by the City of its obligations to be performed hereunder and under the documents mentioned in this Section 6, at or prior to the Closing, and also shall be subject to the following conditions: (a) The representations and warranties of the City contained herein shall be true, complete and correct in all material respects at the date hereof and on the Closing Date, as if made on and as of the Closing Date. (b) At or prior to the Closing, the Underwriter shall receive three copies of the final Official Statement manually executed on behalf of the City by the Mayor; provided, that as promptly as practicable after the Closing Date, such reasonable number of certified or conformed copies of the foregoing as the Underwriter may request. (c) At or prior to the Closing, the Underwriter shall receive the approving opinions of Foster Pepper & Shefelman, PLLC, Bond Counsel to the City, as to the Bonds, dated the Closing Date and substantially in the form included in the Official Statement as Appendix A, and an opinion, dated the Closing Date and addressed to the Underwriter, of Perkins Coie LLP, counsel to the Underwriter, in a form acceptable to the Underwriter. [(d) At or prior to the Closing, the Underwriter shall receive a municipal bond insurance policy issued by (" ") insuring the payment of the principal of and interest on the Bonds, together with an opinion of counsel to regarding (i) the enforceability of the municipal bond insurance policy and (ii) the adequacy of the information regarding and the municipal bond insurance policy set forth in the Official Statement.] (e) At or prior to the Closing, the Underwriter shall receive evidence, satisfactory to the Underwriter, that the Bonds are rated "[Aaa]" by Moody's Investors Service, Inc. and "[AAA]" by Standard & Poor's Ratings Group. 5 (f) At or prior to the Closing, the Underwriter shall receive verification, satisfactory to the Underwriter, that the anticipated receipts from the United States Treasury Obligations -- State and Local Government Series, together with an initial cash deposit to the escrow, will be sufficient to pay, when due, the principal and interest on the Bonds. (g) At or prior to the Closing, the Underwriter shall receive such additional certificates, instruments and other documents as the Underwriter may reasonably deem necessary to evidence the truth and accuracy as of the time of the Closing of the representations of the City and the due performance or satisfaction by the City at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the City. 7. Termination of Contract. In recognition of the desire of the City and the Underwriter to effect a successful public offering of the Bonds, the Underwriter shall have the absolute right to terminate this Bond Purchase Agreement by notification to the City if at any time at or prior to the Closing an "event" (as defined below) occurs that, in the reasonable judgment of the Underwriter, materially and adversely affects (i) the market price or marketability of the Bonds or (ii) the ability of the Underwriter to enforce contracts for sale of the Bonds. If the City is unable to satisfy the conditions contained in this Bond Purchase Agreement or if the obligations of the Underwriter shall be terminated for any reason permitted by this Bond Purchase Agreement, this Bond Purchase Agreement shall terminate and neither the Underwriter nor the City shall be under a further obligation hereunder, except as set forth in Section 8 hereof. For purposes of this Section 7, an "event" shall mean any of the following: legislation is introduced or enacted by a governmental body with authority over the City; a court decision is rendered; a local, national or international calamity or crisis occurs; a general banking moratorium is declared anywhere in the United States of America; trading is suspended or materially restricted on any national securities exchange; the ratings on any City obligations, including the Bonds, are lowered or the possibility of such action is publicly announced; the Official Statement is amended without the Underwriter's consent; a material misstatement or omission in the Official Statement is discovered after the Official Statement is distributed; or any other event of similar consequence or nature. 8. Expenses. The City shall pay or cause to be paid from the proceeds of the Bonds or other funds of the City available to it, the expenses incident to the performance of its obligations hereunder, including, but not limited to: (a) the fees and disbursements of the Bond Registrar in connection with the issuance of the Bonds; (b) the fees and disbursements of Bond Counsel and any other experts or consultants retained by the City in connection with the transactions contemplated hereby; (c) the 6 cost of obtaining ratings on the Bonds; (d) the cost of obtaining bond insurance; and (e) the cost of printing the Preliminary Official Statement and the final Official Statement. The Underwriter shall pay the cost of delivering the purchase price of the Bonds in immediately available federal funds and all other expenses it incurs in connection with their public offering and distribution of the Bonds, including the fees and disbursements of its counsel. 9. Notice. Any notice or other communication to be given to the City under this Bond Purchase Agreement may be given by delivering the same in writing to City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Finance Division Director with a copy to the City Attorney, and any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to Richard B. King, Senior Vice President, Lehman Brothers, 701 Fifth Avenue, Suite 7101, Seattle, Washington 98104. 10. Entire Agreement. This Bond Purchase Agreement shall constitute the entire agreement between the City and the Underwriter and is made solely for the benefit of the City and the Underwriter (including the successors or assigns of the Underwriter). This Bond Purchase Agreement shall become effective when accepted by the City in writing as heretofore specified, shall constitute the entire agreement between the City and the Underwriter and may not be amended or modified except in writing. No other person shall acquire or have any right hereunder by virtue hereof. All the City's representations, warranties and agreements in this Bond Purchase Agreement shall remain operative and in full force and effect, regardless of (a) any investigation made by or on behalf of the Underwriter, (b) delivery of and payment for the Bonds hereunder, and (c) any termination of this Bond Purchase Agreement. LEHMAN BROTHERS INC. Richard B. King Senior Vice President Accepted and agreed to as of the date first above written: CITY OF KENT King County, Washington 7 Jim White, Mayor ATTEST: Brenda Jacober, Clerk ( SEAL ) 8 Exhibit A DESCRIPTION OF CERTAIN TERMS OF THE BONDS Aggregate Principal Amount: $20,285,000 less aggregate original issue discount: ( � less aggregate underwriter's discount: Aggregate Purchase Price: $ *plus accrued interest from October 1, 2000, to the Closing Date. Maturity Dates and Interest Rates: Due Interest December 1 Principal Amount Rate Yield Price 2000. $ 130,000 % % $ 2001 460,000 2002 480,000 2003 505,000 2004 1,870,000 2005 1,950,000 2006 2,055,000 2007 1,710,000 2008 1,595,000 2009 2,170,000 2010 1,010,000 2011 500,000 2012 525,000 2013 550,000 2014 580,000 2015 610,000 2016 640,000 2017 680,000 2018 715,000 2019 755,000 2020 795,000 *Term Bond - See Mandatory Redemption provisions below. Redemption Provisions: Optional Redemption. The Bonds maturing in the years 2000 through 20_ are not subject to redemption prior to their stated dates of maturity. Bonds maturing on A-1 and after December 1, , are subject to optional redemption prior to their stated maturities at the option of the City, at any time on December 1, , or thereafter, in whole or in part (maturities to be selected by the City and randomly within a maturity as the Bond Registrar shall determine) at the following prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), plus accrued interest to the date of redemption: Redemption Dates Redemption Prices December 1, through November 30, % December 1, and thereafter Mandatory Redemption. The Bonds maturing on December 1, , are Term Bonds and are subject to mandatory redemption prior to maturity, in part, by lot in such manner as the Bond Registrar shall determine, at 100 percent of the principal amount thereof plus accrued interest to the date of redemption, from mandatory deposits into the Bond Fund in the years and principal amounts set forth below: Mandatory Sinking Fund Mandatory Sinking Fund Redemption Dates Redemption Amounts December 1, $ December 1, December 1, December 1, December 1, December 1, (maturity) A-2 r • KENT WASHINOTOM DATE: September 11,2000 COPYFINANCE TO: Mayor White and City Councilmembers May Miller Director FROM: May Miller \\�\ Phone:253-856-5260 Fax:253-856-6255 SUBJECT: Add Refunding to 200 LTGO Bond Issue 220 Fourth Ave.S. Kent,WA 98032-5895 Due to the decline in bond interest rates over the last month a unique opportunity to save the city and taxpayers approximately$106,000 in Present Value Interest Expenses has occurred. We can save this if we add a refunding piece to our current LTGO. I have attached a September 5,2000 memo from Dick King of Lehman Brothers which briefly explains the refunding option. In a call to Dick to get further clarification he explained that we would only be refunding the non-callable portion of two previously issued bond issues and that this can only be done at the time of combining the refunding with a new bond issue. r-- The refunding will lower the debt service payments and save approximately $47,505 on the 1995 Golf Bond interest and save approximately$58,562 of interest on the bonds we issued last year. I am recommending that we proceed with adding this refunding piece to save the city interest expense. Refundings are a bit complicated and I am available anytime at 253-856-5260 to answer questions and will be at the special Operations Committee meeting on September 11,2000. Attachment: 9/5/2000 memo from Dick King v.N„1AM D60Tq�.' • >�o�- LEHMAN BROTHERS MEMORANDUM To: May Miller From: Dick King Date: September 5,2000 Re: Refunding Idea We have developed a two-pronged refunding plan I thought you might be interested in that will save the City approximately $106,000 (present value) in combination with the issuance of its planned LTGO Bonds by taking advantage of current arbitrage rules. The fast portion of the proposed refunding is simply to refund the new money portion of the City's 1995 LTGO Bonds (maturities 2009 and 2010). A refunding in today's market would produce $47,505 of net present value savings, or 4.59% of the refunded principal amount, which, as you know, is an attractive savings ratio. The second portion of the proposed refunding is a bit more complicated. Here is how it works: • The City issues its new money $11.7 million of Limited Tax General Obligation Bonds as planned,with a 20-year final maturity. ^ • Simultaneously, the City would refund $7.965 trillion of its LTGO Bonds, 1999 due December 1, 2004 through 2009. These bonds are non-callable and would be escro,;/%d`ro" maturity. The refunded bonds have an average coupon of 4.19%. • The refunding bonds would be structured to produce level savings (i.e., they would mature through 2009), although the nature of this refunding would cause a slightly skewed savings structure (see the second page under Tab Q. • Because the new money bonds and the refunding bonds are issued at the same time, they share a blended arbitrage yield, and the new money bonds, which are larger and longer, have a greater overall effect on the arbitrage yield. Thus, the refunding escrow may be invested at the higher blended arbitrage rate (about 5.15%) through maturity. But, the City has to pay out only 4.19% through the escrow, and it borrows at only 4.83% (for the refunding portion). Thus, the City gets to invest at a yield higher than it borrows and at a yield higher than it has to pay out debt service on the refunded bonds through the escrow. The net result is that the City would be able to achieve $58,562 of net present value savings by refunding the identified LTGO bonds to maturity. These figures are net of estimated issuance costs (assumed.0.3% for insurance and marginal issuance costs of 1%). We have assumed a realistic re-offering scale reflecting current market conditions. Although the savings to principal ratio of 0.74% does not reach the 3% level we normally would like to see in an advance refunding, this $58,562 of net present value savings is derived by refunding non-callable bonds. In effect, the City is getting "something for nothing" and is LCILWLY DRO HM C1C. 701 F7M AVCNLE SURE 7101 SEATTEL WAS104GMN 9610V7016 206 NI 3638 FAX 206 Z33 2317 RR?X7LZHMA?LCOM Page 2 realizing savings where none otherwise would exist and without giving up a call option (as would be the case in a normal advance refunding). The two refundings could be executed independently of each other without affecting net present value savings substantially (the figures quoted above assume the two refundings are done simultaneously). Please see Tab B for the bond sizing that contemplates the refunding of the 1995 Bonds and Tab C for the bond sizing that refunds the 1999 Bonds. Please let me know what you think of this idea. i-- r • KENO �Qp� W A 5 N I N O T O X DATE: August 23, 2000 FINANCE TO: Operations Committee May Miller Director FROM: May Miller Phone: 253-856-5260 SUBJECT: 2000 LTGO Bond Ordinance and Purchase Contract Fax: 253-856-6255 220 Fourth Ave.S. I am requesting approval to proceed with the adoption of the formal Bond Kent,WA 98032-5895 Ordinance for the Councilmanic Bonds of$11,220,000,plus bond issuance costs, approved at the August 15, 2000 Council Meeting. I am also requesting the approval to have the Mayor sign the Bond Purchase Contract for 2000 LTGO Bonds. The Ordinance and Contract are in draft form but are substantially complete. The final versions and interest rate will be presented at the September 19,2000 Council Meeting. • KENT W A S H I N G T O N DATE: July 26,2000 TO: Mayor White and City Councilmembers FINANCE May Miller FROM: May Miller,Finance Director Director Phone:253-856-5260 SUBJECT: Proceed with 2000 LTGO Bond Issue Fax:253-856-6255 220 Fourth Ave.S. We are requesting authorization to proceed with our planned 2000 Councilmanic Kent,WA 98032-5895 bond issue. We had been waiting to confirm that the Light Rail Parking Garage Project was ready to go and that Sound Transit had their portion approved. The agreement has been reached with Sound Transit. The first payment is due at the time of permit issuance later this year. Sound Transit will build and own the garage,and will be responsible for the maintenance and operating costs. The bonds had been planned for$11,449,000 plus issuance and we are requesting that this be reduced to $11,220,000 plus issuance costs. We are requesting some adjustments to the project. We are not requesting additional corridor bonds at this time but will be utilizing previously issued corridor bonds and reallocating some corridor projects. Instead,we would like to add two additional items: First, we will need approximately$1,000,000 to complete the land purchase needed for the planned police headquarters. The original budget was developed several years ago and both additional acreage due to a more refined space study and the cost of land in downtown Kent are responsible for the needed funds. Second, we would like to add $1,140,000 to replace two fully equipped engine/aid apparatus that were rejected and returned to the vendor in the first quarter of 2000. Our Legal Department will be working to recover funds but this could take quite a while and we must proceed to replace these apparatus. We have examined leasing or lease/purchase options but it is more cost effective at this time to bond at the lower interest rate. We will continue to explore the lease and other options as we replace other pieces of fire equipment. Any recovery of funds would be placed in our ongoing replacement fund to offset future replacement. This unexpected return of apparatus was not planned and exceeds replacement funds available. The final two items are the issuance of bonds for the Performing Arts/Civic Center land as approved by Council on April 20, 1999. This will provide the $2,215,780 needed to repay the Water Fund for their short-term loan, which includes approximately $170,000 interest due as well as provide funds to purchase the final piece of land. Lodging tax has and will be used to offset a portion of the Interest and Debt Service payments. The final piece is $2,586,000, primarily for the Centennial remodel for the Permit Center and the other Centennial relocation such as moving Planning to the third floor. This also includes $1,400.000 for the back up generator project including the additional costs that were approved by Council February 1, 2000. The process to plan, review and finally authorize the issuance of councilmanic bonds has several steps. Council has been exposed to and approved most of the proposed projects through the Capital Improvement Program and annual budget processes. Most projects have already been approved by Council with intent to bond. The step today is to get the approval to proceed with bond issuance. Pulling all the pieces together into one issue will save debt issuance costs. The next step, expected to go to the Operations Committee September 5 and to Council on September 19, is to finalize the bond sizing, including interest rates, issuance costs and bond sale contracts. Once this is completed,we would receive the bond proceeds in October 2000. We recommend issuing bonds totaling $11,220,000, plus bond issuance costs. The proceeds are to fund projects falling into two main categories: land and Buildings, Tenant/Space and Major Capital improvements,and Fire Equipment as outlined on the attached pages. It is important to note that the debt service will not require any new taxes. The debt service payments are already budgeted using existing sales, hotel/motel, and excise taxes. The City's high credit rating and, therefore, favorable interest rates, will allow the City to provide cost effective funding for several major projects, while keeping financing costs at a minimum. I am available anytime at 856-5260 or at the Operations Committee meeting to discuss the process and current market conditions, as well as answer any questions. COUNCIL ACTION: I. Proceed with the issuance of Councilmanic Bonds of$1 1,220,000 plus bond issuance costs. 2. Establish and/or amend the necessary budgets for the projects, debt issuance costs and debt service as outlined. 3. Authorization to proceed with bond projects with intent to reimburse with bond proceeds. U 1as 5 Fd 50009,=LTGG BW Issue aoc City of Kent 2000 LTGO Bond Issue Summary as of July 25,2000 Original Total 2000 Proposal Adjustment Bonds Required Parking Garage 4,000,000 (1) 4,000,000 Performing Arts/Civic Center Land 2,500,000 (2) 2,500,000 Street Corridor Projects 2,949,000 (2,949,000) (3) -0- Facilities Remodel & Back-up Generators 2,000,000 580,000 (4) 2,580.000 Subtotal-previously approved projects 11,449,000 (2,369,000) 9,080,000 Police Headquarters-Land 1,000,000 (5) 1,000,000 Replace two Fire Engine/Aid Trucks 1,140,000 (6) 1,140.000 Subtotal-additional projects - 2,140,000 2,140,000 Total 2000 Bond Issues Required 11,449,000 (229,000) 11,220,000 (1) City's share of Light Rail parking garage authorized by Council on May 5, 1998. (2) Land purchase and intent to bond approved by Council on April 20, 1999. Bond proceeds will be used to reimburse Water Fund$2,215,780, which includes$170,000 interest, and purchase additional required land. Debt service will be partially paid by Lodging Tax revenue. (3) New bonds for corridor projects will not be required at this time as we can utilize previous bond proceeds and other project reallocations. (4) Remodel costs are primarily for the Permit Center in the Centennial Building and include other Centennial relocations and City Hall back-fill- The primary increase is for additional generator costs as approved by Council on February 1, 2000. (5) Additional funds needed to complete the purchase of Police Headquarters land in downtown area. (6) Fund two fully-equipped Fire engine/aid apparatuses to replace those rejected and returned to the vendor in the first quarter of 2000. City of Kent Limited Tax General Obligation Bonds, 2000 Preliminary Financing Schedule July 24, 2000 dtiy August September October a 1 I 1 a 7 { a I 1 7 + 7 a a a 10 11 1a ] 1 / T a / / / y ++ n A Y a1a ns a n u a1s mn 1a3 1 an. Iu 1r 1 1/ n sv 1 1a a a+ a r a 2, a n aT a a a es san 1e a b a/31 sast s a a : II I + -1 �rrt.- 'fix � 4p• 1 t 'a +w.. q,. 1 Date I � . , .. nl "& . 7124 Distribute Proposed Financing Schedule LB 7/27 Distribute Structural Project Description to FP&S and to PC City and LB 8/1 Operations Committee Meeting City Authorization to Proceed 814 Distribute Draft Bond Ordinance FP&S 8/10 Distribute Draft POS PC 8/15 City Council Meeting City 8/16 Revise POS PC 911 Distribute Revised POS and Legal Does to Rating Agencies and City and LB Bond Insurers 915 Operators Committee Meeting;Review Draft Bond Ordinance and City Bond Purchase Contract 919 Finalize,Print and Distribute POS LB 9/14 Receive Ratings and Bond Insurance Commitments City and LB 9118 Price and Market Bonds LB 9/18-9/19 Finalize Purchase Contract and Legal Does LB and FP&S 9119 City Council Meeting All Consider and Adopt Bond Ordinance Consider and execute Purchase Contract 9/20-9124 Finalize and Distribute Final Official Statement PC;All 10/10 Closing and Delivery of Proceeds and Bonds All K City - City of Kent(Issuer) FP&S - Foster Pepper& Shefelman (Bond Counsel) LB - Lehman Brothers (Underwriter) PC - Perkins Coie(Underwriter's Counsel) Kent City Council Meeting Date September 19, 2000 Category Other Business 1 . SUBJECT: KENT DOWNTOWN DESIGN GUIDELINES ZONING CODE AMENDMENT ZCA-2000-3/KIVA 42002448 - ORDINANCE 2 . SUMMARY STATEMENT: The Land Use and Planning Board held a public hearing on August 28, 2000 , and recommends approval of a Zoning Code amendment to enact the Kent Downtown Design Guidelines . The guidelines combine the Central Avenue Design Guidelines with guidelines that address the traditional character and commercial nature of the Historic Core District, street designations and mixed use and public buildings . 3 . EXHIBITS: Memo dated 9/19/00 ; staff memo dated 8/28/00 ; Land Use and Planning Board minutes of 8/28/00 ; ordinance; and Kent Downtown Design Guidelines 4 . RECOMMENDED BY: Land Use and Planning Board (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION,,: r Councilmember & moves, Councilmember seconds to approve the Land Use and Planning Board' s recommendation and to adopt Ordinance No . , amending the Kent Zoning Code to adopt the proposed revised Kent Downtown Design Guidelines. DISCUSSION: YY�p ACTION: m G ,,,o no Council Agenda Item No. 7B 00111110 KEN T MEMORANDUM WASHINGTON September 19, 2000 kNNING SERVICES TO: MAYOR JIM WHITE, COUNCIL PRESIDENT, LEONA ORR AND i N. Satterstrom,AICP MEMBERS OF THE CITY COUNCIL Manager Phone:253-856-5454 FROM: DIANA C.NELSON, PLANK Fax:253-856-6454 RE: #ZCA-2000-3/HIVA#2002448 YCENT DOWNTOWN DESIGN 220 Fourth Ave.S. GUIDELINES AMENDMENT Kent,WA 98032-5895 The proposed Downtown Design Guidelines amendment is the result of a long- term, on-going planning effort to create a vibrant pedestrian-friendly mixed use community in downtown Kent. To achieve greater pedestrian orientation and provide a guide that is appropriate for new development and major remodels in all downtown districts, Planning staff prepared revised design guidelines that combine the Central Avenue Design Guidelines, adopted by the City Council in 1999, with special guidelines drafted by staff to address the traditional character and commercial nature of the Historic Core District, the existing Class A and Class B street designations and several new guidelines for mixed use and public buildings. The Downtown Design Guidelines apply to all new construction and site development, modifications to the exterior of existing buildings and alterations of an existing site such as changes to parking lots or landscaping. These guidelines do not apply to existing buildings unless a building or development permit is required for exterior improvements. The guidelines do not affect interior remodeling or interior tenant improvements of existing buildings. The design review process remains as it currently exists, with administrative design review by Planning Services for projects under $100,000 construction value and design review approval by the Downtown Design Review Committee for projects with a value over$100,000. The Land Use and Planning Board reviewed the guidelines in several workshops and held a public hearing on the Downtown Design Guidelines Zoning Code Amendment ZCA#2000-3 on August 28, 2000. The Land Use and Planning Board unanimously recommends that the City Council approve #ZCA 2000-3, the Kent Downtown Design Guidelines Amendment. Planning Services staff also recommends approval. The Legal Department has prepared an ordinance that amends Section 15.09.046 Downtown Design Review to implement the guidelines through the design review process and adopts the proposed downtown design guidelines by reference. The ordinance and the guidelines are enclosed in this packet for the Council's consideration at their September 19, 2000 meeting. DN:pm S:1PerrnitlPlanIZ0NECODEAMENDICCSTR091900.DOC enc. LUPB staff report,minutes of LUPB hearing 8-28-00,ordinance,Downtown Design Guidelines cc: Brent McFall,Chief Administrative officer Fred N.Satterstrom,AICP,Planning Manager Charlene Anderson,AICP,Senior Planner—Long Range Planning Jacki Skaughl,Economic Development Manager KENT STAFF REPORT WASH I"O T O N August 28, 2000 .v IG SERVICES"< TO: JONJOBNSON,CHAIRANDNE3�DERSOFTHELANDUSE& Itterstiom,"•AICP PLANMNGBOARD Manager;. ::253-856;5454"= FROM: DIANAC.NEL40N, PL.AMiE R c 253 856-6464 ' O Fourth Ave�s RE: #ZCA-2000-3/KIVA#2002448 KENT DOWNTOWN DESIGN WA 98032 5895 GUIDELINES AMENDMENT �r Introduction and Background The proposed Downtown Design Guidelines amendment is the result of a long- term, on-going planning effort for downtown Kent. The Kent Downtown Plan, adopted in 1989, envisioned the downtown as a vibrant pedestrian-friendly mixed use community. The downtown design review process was initiated in 1992. The Kent Comprehensive Plan, adopted in 1995, included goals and policies which support the downtown vision. The 1998 Kent Downtown Strategic Action Plan recommended detailed design guidelines for the entire downtown planning area. To implement the recommendation, Makers, architecture and =' urban design, in collaboration with Kent Planning Services staff, began by drafting the Central Avenue Design Guidelines, which were adopted by the City r Council in 1999, The Central Avenue Design Guidelines provide a basic set of `+ ! guidelines to address immediate problems on Central Avenue and form the '•`%=' basis for future design guidelines for all districts in the downtown planning area. Since the adoption of the Central Avenue Design Guidelines, the Planning ...... Services staff has reviewed the existing character of each Downtown Strategic ` Action Plan district as well as the recommendations for development in each district. Staff determined that all districts should have pedestrian orientation to be consistent with the community vision for the downtown. To accomplish y _I pedestrian orientation and provide a guide that is appropriate for new _ development and major remodels in all districts, Planning staff prepared revised design guidelines. The revised guidelines combine the basic guidelines developed for Central Avenue with special guidelines drafted by staff to address the traditional character and commercial nature of the Historic Core District, the existing Class A and Class B street designations and several new guidelines for = mixed use and public buildings. A zoning code revision (Attachment #1) is required to adopt and administer the proposed Downtown Design Guidelines (Attachment#2) through the downtown design review process. The proposed downtown design guidelines and the proposed amendment to Section 15.09.046 Downtown Design Review are enclosed in this packet for the Board's consideration at their August 28, 2000 public hearing. ,� Land Use and Planning Board August 28, 2000 Page 2 The following substantive changes were made to the proposed downtown design guidelines since the Land Use and Planning Board reviewed the document at their July 10, 2000 and August 14, 2000 workshops. • Guidelines were added regarding transit oriented development(I.A.1) • Guidelines were added regarding reducing the area of parking lots (I.C.2.d.) • Clarifications were made to building setback sections (I.D.1. and 1.B.2) in response to comments received by the public • The exception section was moved from I.B.7 to I.A.3. • Several of the introductory sections were reformatted • Definitions were added for. 1. Historic Core District (with a map to illustrate location) 2. Surface parking 3. Structured parking 4. Axial symmetry 5. Circulation Staff Recommendation Planning Services staff recommends that the Land Use and Planning Board forward #ZCA 2000-3 Kent Downtown Design Guidelines Amendment to the City Council with a recommendation of approval. Planning Services staff will be present at the hearing and prepared to present this issue, review the proposed standards and minor changes made to the proposed amendment since the workshop and answer any questions regarding this amendment. If you have any questions prior to the hearing, please contact Diana Nelson at (253) 856-5437. DN:pm S.TermitlPlanUONECODEAMENDV UPBSTR082800.150C Enc: Attachment#1 —zoning code revision Attachment#2—proposed amendment to Sec.15.09.046 Downtown Design Review cc: Brent McFall,Chief Administrative Officer Fred N. Satterstrom,Planning Manager Charlene Anderson, Senior Planner—Long Range Planning Jacld Skaught,Economic Development Manager Land Use and Planning Board Minutes August 28, 2000 Page 2 #ZCA-2000-3 KENT DOWNTOWN DESIGN GUIDELINES AMENDMENT Planner Diana Nelson stated that public notices on the proposed amendment were mailed out with the attached map indicating zoning designations. The map was intended to indicate currently existing zoning designations and not to mislead the public in thinking that zoning would change. She stated that the guidelines amendment relates to development within the downtown planning area only. Ms. Nelson stated that the Downtown Design Guidelines are the culmination of ongoing efforts for Kent's downtown area beginning with the implementation of Kent's downtown plan in 1989. A downtown design review process was established in 1992 and the Kent Comprehensive Plan was adopted in 1995, which included goals and policies supporting downtown visioning and guidelines for development. Ms. Nelson stated that the 1998 Downtown Strategic Action Plan recommended detailed design guidelines for the entire downtown planning area. In 1999 the Central Avenue Design Guidelines were adopted and provide the basis for future design guidelines for all districts in the downtown planning area. Ms. Nelson stated that a zoning code revision is required to adopt and administer the proposed downtown design guidelines which incorporate the guidelines adopted for the Central Avenue area as well as the current guidelines for downtown design review. Staff has added special guidelines addressing the traditional character and commercial nature of the historic core district. Ms. Nelson stated that James Street is bordered by the downtown planning area on the north, Willis Street on the south, State Route 167 on the west, with an eastern boundary that follows Titus and Kennebeck. Ms. Nelson stated that the guidelines would apply to new construction and developments relocating to new sites, and includes parking lots and landscaping. She stated that the guidelines would apply to existing buildings if they were to change exterior facades, parking or landscaping. Ms. Nelson stated that changes to the proposed guidelines since the workshop include: • Adding additional guidelines for transit oriented development in Section IA.l • Adding guidelines regarding the reduction of parking lot areas in Section 1.C.2 a through d. • Clarifications to the building setback sections of 1.13.1 and 1.13.2 • The exceptions section was moved from 1.B.7 to LA.3. • Several introductory sections were formatted with definitions added for the historic core district along with a map to illustrate location; surface parking, structured parking, axial symmetry and circulation referred to in the text but not defined. • Changing the title page and Section headers as needed to incorporate the word "design" in front of"guidelines". • Clarifying definitions for "Gateways", "Incompatible Uses", "Pedestrian Oriented Use" and "Transit Oriented Development". Land Use and Planning Board Minutes August 28, 2000 Page 3 Ms. Nelson stated that staff recommends approval of the guidelines as submitted and requests that the Board forward a recommendation to the City Council to approve the guidelines and zoning code amendment. In response to Ms. Woodford, Ms. Nelson stated that a"Do This" graphic will be added to the pedestrian safety guidelines and the "Pedestrian Overlay" graphic on page 11 recreated, prior to sending this on to City Council. Chair Johnson opened the public hearing. Sam Baugh, 220 Railroad Avenue North, Kent, WA 98032 a Kent resident, questioned who would absorb the expense if a building owner desired to restructure his building to meet the new design guidelines. Ms. Nelson stated that a building owner is responsible for any improvements he requests associated with the type of building permit applied for. She reiterated that the guidelines would not be in effect unless an applicant requested a building permit to restructure or change the exterior fagade of the building, parking configuration or landscaping. Linda Johnson, 206 Railroad Avenue North, Kent, WA 98032 stated that as the Executive Director for the Kent Downtown Partnership, her committee has been working on an ongoing basis with the city on these guidelines. "Ms. Johnson stated that projects under $100,000 would not be subject to complete review, allowing business owners some flexibility in renovating or painting their businesses. She stated that Neimann Glass used the Central Avenue Design Guidelines, resulting in a beautiful facility. She encouraged the Board to send this amendment on to the Council. David Malik MOVED and Sharon Woodford SECONDED to close the public hearing. Motion carried. Steve Dowell voiced his concerns over building setback and traffic issues and questioned if these concerns have been addressed. Ms. Nelson stated that Steve Mullen, Transportation Engineer with City of Kent Public Works commented that buildings should be setback at intersections rather then constructed up to the edge of sidewalks, so that sight distance would not be restricted. Ms. Nelson stated that provisions in the guidelines allow buildings to be set back at corners but not require these setbacks. She stated that concern has been voiced that every intersection should have either stop signs or a light for traffic control if buildings are built up to a corner. Ms. Nelson stated that most of those intersections already have stop signs or lights in place in the downtown planning area. Ms. Nelson stated that Kent's construction standards require sight distance visibility. The guidelines allow buildings to be set back at least 20 feet from the corner of the intersection, with additional setback provision when providing space for pedestrian oriented amenities. Ms. Nelson voiced her view that sufficient flexibility is built into the guidelines to handle sight distance issues. She suggested that parking could be more restricted on the comers than it is Land Use and Planning Board Minutes August 28,2000 Page 4 currently. She stated that larger vehicles can block visibility even more than a building might at a comer. Ms. Nelson stated that the other concern expressed by Steve Mullen was lighting levels, which tend to be too bright in certain areas, creating shadow or glare impact visibility. Mr. Dowell questioned if there is recourse available if the Downtown Design Review Guidelines Committee and the applicant do not agree on requirements. Ms. Nelson stated that an applicant may discuss the issue and negotiate with the Public Works Department and Planning Services before their application goes before the Downtown Design Review Committee. She stated that an applicant can appeal a local government decision. In response to Ms. Woodford, Ms. Nelson clarified Linda Johnson's statement about minor construction of under $100,000 not being subject to the design guidelines. Ms. Nelson stated that the section on application of design guidelines states that "Downtown design review is conducted by an administrative committee except for modifications of existing buildings and sites which cost less than $100,00 which are reviewed by Planning Services." She stated that proposals that do not modify building exteriors or the site are exempt from design review. Steve Dowell MOVED and Sharon Woodford SECONDED to approve Staff's recommendation for #ZCA-2000-3 Kent Downtown Design Guidelines Amendment and forward it to the City Council. Motion CARRIED. OTHER BUSINESS LAND USE & PLANNING BOARD BY-LAWS AMENDMENT Planner Charlene Anderson stated that in the interest of brevity, the memo sent to the Board is clear as to the text changes that need to be implemented in the By-Laws. Sharon Woodford MOVED and David Malik SECONDED to approve staffs recommendations for the Land Use and Planning Board By-Laws Amendment, as impacted by Ordinance #3512 and pass this on to the City Council. BOARD REPRESENTATION ON THE SHORT PLAT COMMITTEE Mr. Satterstrom stated that a subdivision procedure amendment was brought before the Land Use and Planning Board this year and thereafter adopted by the City Council. This amendment included evaluating the procedures for reviewing short plats, long subdivisions and lot line adjustments. Mr. Satterstrom stated that prior to the review of these procedures, the Short Plat Committee consisted of a number of staff members and one member from the Land Use and Planning Board. Mr. Satterstrom stated that the Land Use and Planning Board, in practice, were not represented on the Short Plat Committee. In reviewing the ordinance and the review procedures, the Board requested that they be represented at the Short Plat Committee meetings. As Chair of the Short Plat Committee Mr. Satterstrom urged the Board members to elect one member to represent the Board consistently at the Short Plat Committee meetings. Ms. Woodford stated that she attended an August meeting and felt it unnecessary for the Land Use and Planning Board to be represented at the Short Plat Committee meetings as a Board ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 15.09.046 of the Kent City Code relating to downtown design guidelines. WHEREAS, in 1998, the Kent Downtown Strategic Action Plan recommended detailed design guidelines for the entire downtown planning area; and WHEREAS, to implement this recommendation, the City adopted, in 1999, the Central Avenue Design Guidelines, which provided a basic set of guidelines to address immediate problems on Central Avenue and which fotined the basis for future design guidelines for all districts in the downtown planning area; and WHEREAS, since the adoption of the Central Avenue Design Guidelines, the City's planning services staff has determined that all districts should have pedestrian orientation consistent with the community vision for downtown Kent; and WHEREAS, in order to accomplish pedestrian orientation and provide a guide that is appropriate for new development and major remodels in all districts, the City's planning services staff has prepared revised design guidelines that combine j the basic guidelines developed for Central Avenue with special guidelines drafted by j1 - Downtown Design Guidelines staff to address the traditional character and commercial nature of the Historic Core District, the existing Class A and Class B street designations, and several new guidelines for mixed use and public buildings; and WHEREAS, the City Council desires to amend KCC 15.09.046 in order to adopt and administer the proposed revised downtown design guidelines, a true and correct copy of which are attached hereto as Exhibit "A," through the downtown design review process; and WHEREAS, the Land Use and Planning Board, on August 28, 2000, recommended approval of the proposed amendments to the Kent City Code and adoption of the proposed revised downtown design guidelines; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.09.046 of the Kent City Code, entitled "Downtown design review," is hereby amended to read as follows: Sec. 15.09.046. Downtown design review. A. Purpose and scope. 1. Downtown design review is an administrative process, the purpose of which is to implement and give effect to the downtown plan, its policies or parts i thereof, through the adoption of downtown design guidelines, as set forth in subsection (D) below, ova for development within the downtown planning area, which is bounded by State Route 167 to the west, James Street to the north, �I Kennebeck/Clark/Jason/Titus/Central Avenue to the east, and Willis Street to the south. The area is shown on the map below: 2 Downtown Design Guidelines \� Downtown Planning Area ` gi n M � i w ! 216M y SM !T s a w WTx IT Sol ITY i xeo tt■ 1 !t Al i xr tx » w gout it a etex xltilx n ri� it Wletlltso w yl can, 3T 1 TZxT1Lt T 4" I r � r r f.0 8a g° I I aqo o a pi X- L'il 0 ,'r 8. a t n D E i T gal�,II I Lt. IL_JI—= t u141,w:J v _ �' �� L g 511 � 1i° �o` R � o ' 4150 4�0 ��00 ao g 6. as P'.� r' o-t i :o �. q KENT DOWNTOWN PLANNING AREA 3 Downtown Design Guidelines It is the intent of the city that this process will serve to aid applicants in -- understanding the principal expectations of the city concerning development in the downtown planning area and encourage a diversity of imaginative solutions to development through the review and application of the downtown design guidelines a boa in this These guidelines ^��a-have been formulated to ensure that the design, siting and construction of development will provide a quality pedestrian oriented urban environment in a manner consistent with established land use policies, the comprehensive plan, and zoning code of the city. 2. The adoption of the downtown design guidelines er-itei-7ia is an element of the city's regulation of land use, which is statutorily authorized. The downtown design review process adopted herein is established as an administrative function delegated to the the City's planning services office plapining depaAmerA pursuant to RCW Title 35A. Therefore, in implementing the downtown design review process, the planning di-reeteF manager may adopt such rules and procedures as are necessary to provide for review of proposed projects. 3. All Ddevelopment in the a t " " "'"' (DC-) a,,wnt,,w eemmereiai . r ( i mCz� and downtown limited c.,,.t.. (DLNI) zeningdistfiets within the downtown planning area shall be subject to the provisions of this section. 4 Applieatiensf; _ ...uki . ily development in two DG WE and nr r,r 11 z nw aioc cow shall" uoa be sebjeet to the—prey isiens of KNEE 15.09.045, J ass ' i Administrative designreview. -54. The downtown design review process is distinct from the multifamily i design review process set forth in KCC 15.09.045. Applications for multifamily development within the DC, DCE and DLM zoning districts shall be subject to the provisions of KCC 15.09.045 in addition to the provisions of this section, except as provided in KCC 15.09.045(ED). However, the provisions of this section shall prevail in cases where a conflict may arise between the requirements of the two (2) sections. I 4 Downtown Design Guidelines B. Application and review process. The downtown design review process is administrative and is conducted as part of the permit review process. The applicant must make application for the design review process on forms provided by planning services the planning depai4fnent. Upon receipt of an application for design review, the planning date manager shall circulate the application to the pubfie wf- dire"te. building e ffieial and the eity administrate appropriate city departments and offices for review. Prior to issuing a final decision, the planning dir-eeteF manager shall review any comments submitted for consideration. In the administration of this process, planning services the plapq ng aepaAmea may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in the downtown design guidelines subseetion (C) of this seetion. C. Design review committee. There is hereby established the downtown design review committee, which shall make all final decisions on applications for downtown design review. The committee shall be comprised of three (3) members, who shall be appointed by the planning dir-ee-te manager under the authority delegated to him under RCW Title 35A. The members shall serve at the pleasure of the planning dir-ee-ter manager. The planning direct manager shall, by administrative rule, I; establish the rules of procedure for the committee, which shall be made available to I the public upon publication. D. Downtown design zeidelines - adoption. The downtown design review committee shall use the downtown design guidelines in the evaluation and/or conditioning applications under the downtown design review process. The downtown design guidelines, entitled "Kent Downtown Design Guidelines,' prepared by the City of Kent Planning Services in collaboration with MAKERS, Architecture and Urban Design and Mark Hinshaw of LMN Architecture dated September 19, 2000, are herebv adopted by this reference as authorized pursuant to RCW 35A.12.140 and shall be placed on file in the offices of the city clerk and planning services. r- I 5 Downtown Design Guidelines D. Designs review eriteria. design review eeffHnioee shell use the C lle..,:«.. .-:terse in the e .el..et:e« n&e_ a «A:t:efting of ., «t:emie«.. «Aef: the .ie «te .le Site de fFefitaaa. The site plan eefifefffis with the pedestrieun plan ever-lay guidelinesplanning epaFtmef4. b. The site plan eanfeFms-=::ith the maximum setbaek «ts as spee:fe,l by the«edest..:e« «le« a erle.. 6. The site «l.,« pfevides F r a zeFe setheek fer «err:ee abutting Meeker- .Str-eet and First Avenue within the downtaym eammer-eial distriet. e. Off street aFking areas aFe leeeted to the r-ear- ar- Sidle of buildings and are well lighted, f' The site «le« « .l.: ee F f sidewalks and pedestrian a fr-,dens ,. in teeth « hl:e rights of way and « .etel., a ed e e h. PedestFiam thfeughw-ays are pfevideEl in long and well lighted- vrc.fa srua�, ava any-development with e residential eempeaent-. a. The land 1 '.a C te« ' landsee«: f ler Sc a.p ce-�3�ai�ivTnzc SZvi--cic ccn9iYce Tcn-�vc�¢PrirSvr-Iar6c parking real ether .,h: hp;IR hp r e areas e e G em the street ethe e I it . site. �j I' e«en spaees which e beingpfe .:.le,l F multifamily residential it.. 6 Downtown Design Guidelines a Building flae.. area above F of (n) ster:es in height is sett else te maintain human seale. designed to be e . witha4ible with the a ..t;: ng histerie buildings in teFMS of bulk, Seale, and eemiee 1: e. Buildings in the de me al zoning distriet -d xc.ti Pzv�iac ee,,,ai-fer pedestfians-such as aA-aings-alerrg-the-l.eng4k E)f any faeade abet4iag-a sidewalk. d. Wilding facades faei-n pedestrian oriented spaee minifnize bia..L .ells by pr-e .;din windews ..d Lepfeviding an interesting design f�atttres. ,. I e. Windows make tip the greatest a entage of the streetle*el d%.e de ., e.a to fninifnize 1.lapA. walls in the deA%tewn e a al z g d:et6et I 4. Gemtral Avenueflue d;q ii� rdereview. sfl t design guidelines apply to development . ithin the area shewn on the map belew, t ++ a No - �, i , Central -��• y1F.�t Ln1' I Avenue Comtlor is 1.1 -, — c 1. _ NORh - — East ---�-- J west I�+ — e I i F Frame .-��. rame _ 1. - r, b ' Historic >' Oo eve COIa ! 1. - �fT 0 � CI ' .SouN Conr m -TI � �� o _ II tii-: - mi �I 7 Downtown Design Guidelines S. Central Avenue distriet desigi4 guidelines—ad6ptien. Theme A..e.,..e distiiet design g idel:..es are her-eby adopted by this r-ec r-enee . utt,erize,lpufstia T ..t to RPAI 35A 1-2 140 and . laee.7 an File in the effiee of the Vent eit., eledE and the Kent planning depaFtment. E. Appeals. The decision of the downtown administrative design review committee to approve, condition or reject any application under the downtown design review process is final unless an appeal is made to the hearing examiner within ten (10) days of either the issuance of the committee's conditional approval or rejection of any application under this section. Appeals to the hearing examiner shall be as set forth in Ch. 2.32 KCC. The decision of the hearing examiner shall be final, unless an appeal is made to the city council within ten (10) days after the hearing examiner's decision. The appeal shall be in writing to the city council and filed with the city clerk. SECTION 2. — Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. i SECTION 3. Effective Date. This Ordinance shall take effect and be i in force thirty (30) days from and after its passage, approval and publication as provided by law. II f! JIM WHITE, MAYOR I. ATTEST: BRENDA JACOBER, CITY CLERK 8 Downtown Design Guidelines ^� APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED: day of 12000. APPROVED: day of 2000. PUBLISHED: day of 12000. I hereby certify that this is a true copy of Ordinance No. I 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�Ordmancd,Down,ownDe ignGuldellnea doc 111 I �j 9 Downtown Design Guidelines KENT DOWNTOWN DESIGN GUIDELINES City of Kent Planning Services in collaboration with MAKERS, architecture and urban design and Mark Hinshaw of LMN Architecture September 19, 2000 Table of Contents page INTRODUCTION 3 HOW TO USE THE DESIGN GUIDELINES 4 APPLICATION OF DESIGN GUIDELINES 4 ORGANIZATION OF DESIGN GUIDELINES 5 DESIGN REVIEW PROCESS 6 DESIGN GU►DELINES AND STANDARDS 7 1. SITE PLANNING 7 A. Response to Surrounding Context and Unique Site Features 7 B. Relationship to Street Front 9 C. Siting and Screening of Service and Parking Facilities 12 D. Street Comers 14 E. Site Design for Safety 15 F. Residential Open Space 19 G. Pedestrian Access 21 H. Pedestrian Amenities 22 II. LANDSCAPE AND SITE DESIGN 27 A. Landscape Concept 27 B. Parking Lot Landscaping 29 II1. BUILDING DESIGN 31 A. Building Concept 31 B. Human Scale and Pedestrian Orientation 31 C. Architectural Scale 32 D. Building Details and Elements 34 E. Materials and Colors 36 F. Blank Walls 37 IV. DEFINITIONS 39 Downtown Design Guidelines September 19, 2000 Page '_ INTRODUCTION Background The Downtown Plan, adopted in 1989, established a new direction for the Downtown Kent Planning Area. When the Plan was adopted, Downtown Kent was a small traditional shopping district core, surrounded by low density, auto-oriented single use development. The Downtown Plan envisions the retention and revitalization of the historic core, coupled with the redevelopment of the surrounding auto-oriented area. The goal is a vibrant pedestrian-friendly mixed-use community with office, commercial and residential development. The City initiated the first downtown design review process and review criteria in 1992. The City's vision for a vital downtown was further supported when the City Council proposed downtown Kent as an urban center consistent with King County's growth management countywide planning policies. The criteria for urban center designation include a pedestrian- oriented streetscape and zoning that encourages a mixture of uses at high densities. The City of Kent Comprehensive Plan, adopted in 1995 and the Kent Downtown Strategic Action Plan, adopted in 1998, further support the community vision and recommend the use of detailed design guidelines to implement the vision. The original design criteria are incorporated within the design guidelines in this document. Site planning in the downtown area requires a different approach from those methods used for development in other areas of Kent. The downtown area retains its pedestrian-oriented character and is serviced by public transportation. Large surface parking lots are discouraged. Shared parking, structured parking or use of public parking areas are encouraged. The site layout should contribute to the positive pedestrian experience of the downtown area. When a new development or a remodel of an existing building is proposed, the City will apply the design guidelines to accomplish the following goals: Downtown Design Review Goals ♦ Provide for pedestrian-oriented development and create a pedestrian-friendly environment. • Upgrade the general appearance of downtown Kent ♦ Create an attractive redevelopment setting. ♦ Assure new development relates to the character and scale of the downtown area. ♦ Assist in creating a 24-hour community that is safe, attractive, and prosperous. ♦ Provide clear objectives for those embarking on the planning and design of projects. ♦ Increase awareness of downtown design considerations among the citizens of Kent. Downtown Design Guidelines September 19, 2000 Page 3 _ HOW TO USE THE DESIGN GUIDELINES APPLICATION OF DESIGN GUIDELINES The Downtown Design Guidelines apply to the downtown planning area bounded by State Route 167 to the west, James Street to the north, Kennebeck, Clark, Jason, Titus, and Central Avenues to the east, and Willis Street to the South. The area is shown on the map below: $Las C� 0 o 0 6o� (]17 o o U a ao A Do ai d o �o o a c c ° po D•b o GO T. Oo a Po of Mgt a UU_�„''�U1 ❑ d 0 0 00 00 4 D a d '0 � o J Go Leo U 8 V p r, p ��o o vdgZ ll 0 �C�� 4 � a n cy �• p G Q o O P o da _ 1�j�J �J �J rV-/V� ooPp a 8 i o, p � u6on'a �•o l P 9 2 , - oo L ❑aeo 0 7 �U �V O ° ado g00 °p N Q P0 Q A qp 0 0 1 6 ¢ o o Q P q� a o ��a°•a °o Fo pC a}❑. � � n•aop ooao4o�I/'-�2 I celfNtr.oa o o•, °:o- �'0 �,I qlv �� \ °O �S 6 �„I D O �e i �i ^,� o�`9 n d ''o o• 01 o c a. -SA n I(l_aWi)� C KENT DOWNTOWN PLANNING AREA-ZONING All development within the Downtown Commercial (DC), Downtown Commercial Enterprise (DCE), Downtown Limited Manufacturing (DLM) districts, and that portion of the General Commercial (GC) district located within the downtown planning area, is required to meet the requirements of downtown design review. Downtown design review is conducted by an administrative committee, except for modifications of existing buildings and sites that cost less than S100,000, which are reviewed by Planning Services. Proposals that will not modify a building exterior or the site are exempt from design review. Downtown Design Guidelines September 19, 2000 Page 4 ORGANIZATION OF DESIGN GUIDELINES This document categorizes the guideline topics into several sections, each dealing with a separate design issue. Each section contains guidelines dealing with that topic.. The Downtown Design Guidelines set parameters for design, but are intended to allow for design flexibility and encourage creative design solutions. This manual explains the objective of each guideline and provides a description and, often, an illustration. Many of the guidelines set requirements and standards that must be met. However, the purpose of the guidelines is to create a site and building design compatible with community goals and context. The guidelines place a minimum burden on projects whenever possible by guiding project design in the following ways: ♦ The guidelines often allow for a variety of options to fulfill a requirement. ♦ Many of the standards or requirements do not add costly features or require expensive construction. ♦ Many guidelines apply only if the element in question is in proximity to and/or visible from the street or a park. ♦ Some guidelines only apply to those locations or projects where they will be most beneficial. ♦ Some guidelines offer incentives such as reduced parking or greater development capability. ♦ Most importantly, the guidelines do not inhibit creative design. In most cases the project's architect or landscape architect may suggest an alternative to meet the intent of the guideline. A Downtown Design Guidelines Checklist should be used to inform developers which guidelines apply to the proposed project. Planning Services staff will review which guidelines and standards apply to the project and notify the applicant during the pre-application meeting or informal pre-development design meeting in order to assist the applicant to obtain final design approval. During project permit review, the staff person will note which regulations have been satisfied and any requirements that have not yet been met. Downtown Design Guidelines September 19, 2000 Page 5 DESIGN REVIEW PROCESS Before preparing development plans, applicants proposing development in the downtown planning area should review the guidelines and use the Downtown Design Guidelines Checklist to determine which guidelines apply to the proposed project. The checklist accompanies the pre- development meeting application. A pre-application meeting is required if the proposed project is subject to the State Environmental Protection Act (SEPA) requirements. The pre-application meeting will be conducted with the applicant and city staff from all applicable departments, including, but not limited to Planning Services, Building and Development Services, Public Works, and Parks. If the project is not subject to SEPA requirements, an informal pre-development conference will be held with the applicant and Planning Services staff to review the project and discuss the downtown design review process. During the pre-application or informal pre-development meeting, Planning Services staff will review the Downtown Design Guidelines Checklist with the applicant and discuss individual elements of the project. During project review, the staff person checks the regulations that have been satisfied and notes any requirements that have not yet been met. The Downtown Design Review process is administrative, conducted by city staff. The process does not include a public hearing. The steps in the design review process are outlined below. ♦ Informal orientation meeting with Planning Services staff or Pre-Application Meeting with representation from all permit-related City departments (preliminary building and site plans required), depending on whether SEPA is required ♦ State Environmental Policy Act (SEPA) review, if applicable ♦ Design review application submittal ♦ Design review report and conditions of approval drafted and circulated to committee and applicant ♦ Administrative Design Review Committee meeting and decision ♦ Appeal Option Downtown Design Guidelines September 19, 2000 Page 6 DESIGN GUIDELINES AND STANDARDS I. SITE PLANNING I.A. RESPONSE TO SURROUNDING CONTEXT AND UNIQUE SITE FEATURES INTENT: • To upgrade the appearance of downtown Kent. • To create an attractive redevelopment setting. • To encourage pedestrian-oriented uses in all districts and to create a compatible mix of auto-oriented and pedestrian-oriented uses in the Central Avenue Corridor. • To create a pedestrian-friendly environment. • To preserve and enhance the early 1900's commercial character of the historic commercial district. • To create compatible edges where businesses are adjacent to residential properties. GUIDELINES: I.A.I. Transit Oriented Development: Emphasize the relationship of transit-oriented development to the Commuter Rail Transit Station by: a. Encouraging the development of pedestrian-oriented retail and services uses in close proximity to transit facilities. b. Encouraging the development of residential uses within walking distance of the Commuter Rail Transit Station. c. Encouraging the development of multi-story mixed use buildings in the area around the Commuter Rail Transit Station. d. Encouraging the connection of a variety of transit modes (rail, bus, park-n-ride, vanpool, bicycles and pedestrian) around the Commuter Rail Station to create a transit hub in the downtown planning area. 0 Downtown Design Guidelines September 19, 2000 Page 7 —I.A.2. Historic Core District Context: Within the Downtown Commercial (DC) zoning district of the Historic Core District, development standards restrict building height to a maximum of 4 stories. Existing buildings throughout the Historic Core district are small to medium scale. Since this area is substantially built out, any new development will involve demolition and replacement of buildings that do not have historic significance and remodeling and refurbishing of existing buildings. New development should be in context with existing development to maintain the attractive "Mainstreet" character of the district. a. Relate the size and proportion of new structures throughout the Historic Core District to the scale of adjacent buildings. b. Buildings may be larger than neighboring buildings, but must appear to be a group of attached components or a row of related buildings with the same scale as the neighboring buildings, and designed with a compatible pattern of architectural elements. Facades may be similar but not identical. c. Design building forms in the Historic Core District with a "base", a "middle", and a "top" similar to the existing 1900 commercial buildings. The base should contain the greatest amount of architectural detail, the middle should have relatively fewer details and forms, and the top should have a cornice or other distinctive form. i wn t f. 1 I.A.3. Exceptions: The City may permit a deviation from a specific standard if it is determined that public benefit may be achieved by an alternative proposal. The alternative proposal must be consistent with the intent of this section and with the Comprehensive Plan Goals and Policies. The applicant must demonstrate that the proposed deviation will result in increased pedestrian activity and visual interest along the street. Downtown Design Guidelines September 19, 2000 Page 8 I.B. RELATIONSHIP TO STREET FRONT INTENT: • To create an active, safe pedestrian environment. • To upgrade the downtown's visual identity. • To unify the streetscape. • To improve circulation. GUIDELINES: I.B.1. Pedestrian Plan Overlay: The Pedestrian Plan Overlay classifies certain streets downtown as Class A and Class B pedestrian streets. It indicates through street designations, the minimum percentage of street frontage that should be occupied by the front of the building. It also indicates where parking access and functional public or private open space may be provided. The Pedestrian Plan Overlay determines, on a block-by-block basis, the character of street frontage and level of pedestrian amenity. If, in the future, new streets are developed on large parcels of downtown land, the new streets should be designated according to planned pedestrian usage before development permits are approved. The street designations are defined and illustrated on the Pedestrian Plan Overlay map below, followed by the design guidelines for Class A and Class B streets. a. Class A Streets: Class A streets are intended to accommodate and foster the greatest pedestrian usage in the downtown area. (1) When a property line abuts a right-of-way designated Class A, a continuous street wall should be maintained along the entire property frontage abutting that right- of-way. (2) Breaks in the continuous street wall to provide for vehicular access to the site are restricted on a Class A street and should be permitted only when there is no frontage on a Class B street or undesignated street or alley from which vehicular access may be provided. (3) Similarly, the continuous street wall should not be interrupted by surface parking areas on a Class A street unless there is no property frontage on a Class B street or undesignated street or alley. (4) Breaks in the continuous street wall are permitted where pedestrian access is being provided into or through the site. b. Class B Streets: Class B streets are pedestrian-oriented, but also accommodate vehicular access to the site. (1) A continuous street wall should be maintained for a minimum of 50% of the property frontage abutting the Class B right-of-way. (2) Vehicular access to the site is permitted from the Class B street to the property within the remaining 50% of the Class B frontage. (3) Surface parking areas may front on the Class B street within this same area. Downtown Design Guidelines September 19, 2000 Page 9 However, surface parking should not be located in front of the building. c. Designated Pedestrian Riehts-of-Way: Pedestrian rights-of-way have been designated to ensure that pedestrian accessibility may be achieved throughout the Downtown Planning Area. They are indicated on the Pedestrian Plan Overlay Map. The pedestrian rights-of-way are located so as to continue street alignments through large super blocks and to provide mid-block connectors in long blocks. In cases where a development site abuts or traverses pedestrian right-of-way, a pedestrian path should be provided at the location indicated on the map below: -' i 7� A O ,J� , Tr VON — .�W.��.�� o 1 r � - y PEDESTRIAN PLAN OVERLAY KEY CLASS A PEDESTRIAN STREET ------ CLASS B PEDESTRIAN STREET ................ ALLEY PEDESTRIAN RIGHT-OF-WAY Downtown Design Guidelines September 19, 2000 Page 10 I.B.2. Setback exceptions on Class A and Class B streets: A continuous street wall is desired along Class A and Class B streets, except for the following: a. An exception to allow a maximum 20 foot setback is permitted if a pedestrian activity is planned for that space, such as an entry, pedestrian plaza, outdoor dining, or a garden space associated with residences (see Section I.D.l.a. for setback provisions for comer buildings). The applicant may propose a greater setback to provide greater pedestrian interest and activity subject to approval by the city. The blocks of First Avenue and Meeker Street within the Historic Core District are not eligible for exceptions. (1) The building setback is measured from the outside edge (closest to the building) of the required sidewalk. (2) The building setback can be applied to the entire building facade adjacent to the street comer or can be applied to only the first level of a multi-story building with the upper levels cantilevered over the first level. Vertical height of the overhead clearance for the ceiling of a pedestrian area or pathway under a cantilevered second level of a building shall not be less than 12 feet. b. Exceptions may also be made for public space adjacent to a public building if the intent and standards of the pedestrian-oriented street front section (Section I.H.) are met. The setback area may not be used for parking. I� wan i l. Y ` I.B.3. Streets within new developments: When "through streets" on properties of more than 3 acres are required, the through street shall be developed with sidewalks and street trees. Parking fronting on the street, other than parallel street parking, should be minimized. I.B.4. Entry locations: Building entries must have direct access to the public sidewalk. Downtown Design Guidelines September 19, 2000 Page 11 Entries may be on the side of buildings but they must be visible from the street and connected by a pedestrian pathway. I.B.5. Sidewalk width: The building shall be set back sufficiently to provide at least 8 feet of sidewalk for walking and 4 feet for trees,planters, or other appropriate amenities. I.B.6. Large item display: No large-item display areas, such as auto sales, are allowed in the front yard of property zoned General Commercial within that portion of the Central Avenue Corridor District that lies north of Smith Street or south of Gowe Street, and which is not included in the Pedestrian Plan Overlay. I.B.7. Pedestrian-friendly uses: It is recommended that, on Class A and B streets, supermarkets and similar multi-department businesses that include bakeries, delis, flower shops, fruit and vegetable sections should locate these sections next to the sidewalk with display windows or doors to the sidewalk. Walk-up outdoor bakery, deli, and flower sales windows are encouraged as pedestrian amenities. I.C. SITING AND SCREENING OF SERVICE AND PARKING FACILITIES INTENT: • To promote compatibility on site and among adjacent properties. • To reduce the visibility of unsightly uses (trash containers, for example) in the business district. • To encourage a reduction in the amount of area committed to surface parking in the business district. • To encourage more thoughtful siting of trash containers, service areas and parking facilities, while balancing the need for these service uses with the desire to screen negative impacts. GUIDELINES: I.C.1. Incompatible uses: Incompatible uses include: outdoor storage (where permitted) adjacent to any other use, service areas adjacent to any other use, public and private utilities apparatus, and commercial development adjacent to a residential-zoned property. Design standards for such uses are as follows: a. Locate incompatible uses and intrusive site elements such as service areas (and also outdoor storage in the GC zone where outdoor storage is permitted) away from neighboring properties to reduce conflicts with adjacent uses. b. Where the City deems necessary, landscape buffers or another form of screening shall be provided along property lines adjacent to incompatible uses. c. If changes in topography between the properties are sufficient to reduce impacts, then modification to some of the above buffer options may be allowed. d. Integrate outdoor storage areas and loading facilities, where permitted, into the site design to reduce visual impact and obstruction of pedestrian and vehicular movement. Downtown Design Guidelines September 19, 2000 Page 12 e. Whenever feasible, locate and/or screen utility meters, electrical conduit, and other public and private utilities equipment and apparatus so as not to be visible from the street or adjacent properties. f. Locate and/or screen roof-mounted mechanical equipment so that it blends with the architecture of the building and is not visible from the street or adjacent properties. <;; I ZW g. The buffer and/or fencing of outdoor storage and service areas must conform to the requirements of the City of Kent Zoning Code as a minimum standard. Additional buffer area or screening may be required. I.C.2. Parkine lot facilities: Coordinate parking lot facilities to reduce visual impacts as follows: a. In parking lots, the preferred location for markings and signs for individual stalls is the pavement. Limit the height of free standing or wall mounted stall signs to 2 feet above grade, except for handicap accessible parking signs, which shall be 3 to 5 feet in height. b. Limit parking lot entrance signs to one per parking area entrance. The sign shall be no more than 6 feet in height above grade, and shall have a surface area of no more than 6 square feet per side. The sign may not be internally lit, but may incorporate neon lights. c. Screen all moveable parking lot equipment, such as barrels, saw horses, etc. from the public right-of-way. d. Minimize the size and surface area of required parking lots by: (1) Sharing parking facilities whenever feasible under the joint use parking standards KCC Section 15.05.040 (C); (2) Encouraging the use of transit and ride share programs whenever possible and reducing the number of parking stalls pursuant to transit and rideshare provisions KCC Section 15.05.040 (G); Downtown Design Guidelines September 19, 2000 Page 13 (3) Encouraging the use of municipal and other public and private parking structures and facilities; and (4) Encouraging the development of underground and/or rooftop parking facilities in multi-story buildings. I.D. STREET CORNERS INTENT: • To improve the appearance of highly visible locations GUIDELINES: I.D.I. Visual quality of corner development: New development on corner lots at street intersections must enhance the visual qualities of the comer by one or more of the following methods: a. Location of corner buildings - Locate and design the building, with a maximum 20 foot setback from the property corner nearest the street intersection, to allow the corner to serve a pedestrian-attractive use such as outdoor dining, flower carts, information or merchandise kiosk or newsstand (see Section I.B.2. for setback exceptions on Class A and Class B streets). Enhance the building corner with a building element such as a corner entry, tower, comer window sculpture, or other device. The applicant may propose a greater setback to provide greater pedestrian interest and activity on a corner property subject to approval by the city. (3) The building setback is measured from the outside edge (closest to the building) of the required sidewalk. (4) The building setback can be applied to the entire building facade adjacent to the street corner or can be applied to only the first level of a multi-story building with the upper levels cantilevered over the first level. Vertical height of the overhead clearance for the ceiling of a pedestrian area or pathway under a cantilevered second level of a building shall not be less than 12 feet. Ati .e.Cfy R I + i J ii 7 � _ _ ------- Downtown Design Guidelines September 19, 2000 Page 14 b. Corner landscaping - Install substantial landscaping such as a low hedge or trees and shrubs (at least 200 square feet of ground surface area) at or near the property corner, taking care not to create a visibility or security problem. Container gardens, public art, or other features attractive to pedestrians may be substituted for landscaping, subject to Planning Services approval. c. Other options — The applicant may propose other methods to meet the intent of this section subject to approval by the city. I.D.2. Corners adjacent to gateways: When the corner is adjacent to a city-designated gateway intersection, coordinate with the city to provide significant gateway elements such as landscaping, banners, special lighting, or art. I.E. SITE DESIGN FOR SAFETY INTENT: • To promote personal safety and property security. • To ensure the environment is safe and inviting at night. • To ensure lighting, landscaping and other site features contribute to personal safety. • To discourage vandalism and reduce maintenance. GUIDELINES: I.E.1. Vehicle/pedestrian coordination: Minimize conflicts between drivers and pedestrians through the siting of structures, location of circulation elements, landscape design, and placement of signs. I.E.2. Pedestrian safety: Incorporate the following methods for protecting pedestrian safety, where appropriate: a. Limit the number of potential encounters between pedestrians and vehicles through site design. b. Where pedestrian and motorist paths must cross at crosswalks and pedestrian walkways, provide adequate sight distance to ensure a clear view of pedestrians and vehicles. c. Within parking lots, provide raised sidewalks, crosswalks, and pedestrian walkways where possible. Where not possible, provide at-grade walkways protected by curbs and/ or landscaped areas. d. Distinctively mark pedestrian routes through parking lots. Use vertical design elements, special paving such as brick, concrete, or cobblestone. Include pedestrian amenities such as benches, trash containers, and planters whenever possible. e. Separate service vehicle access and loading zones from pedestrian areas where possible. Downtown Design Guidelines September 19, 2000 Page 15 f. Use on-site directional signs to clearly mark pedestrian and vehicular routes. I.E.3. Eves on the street: Provide surveillance opportunities from buildings and public streets. Incorporate the following methods to increase personal safety and security, where appropriate: a. Avoid site design features that create entrapment areas such as long enclosed corridors and opaque fences in locations with pedestrian activity. Oeadsnd.fenced in S. parking provide no escape reuse.in out of view from pudtie caret. � I I DOWT oo TM ' i s s r • 1 J e • n u vt °r� ' Pedesman Area/Access 'f Provide more than one podesman �' S}}y]II' access routs to the slew at4 from the parking lot. • +Pcdcstnm Pathway Suuatc soars windows to the bwldmg / to look out at the parking lot and pedcstrtan areas and pathwayseve f 00 TMtS Downtown Design Guidelines September 19, 2000 Page 16 b. Ensure that site and building designs provide lines of sight that allow building occupants and passersby to observe on-site activities. Windows, balconies, and entries overlooking pedestrian and vehicular routes will allow for informal surveillance. * r Roof Deck a Bay_ window Balcony �y r Sh4lp f Y Jy a_ C I.E.4. Lighting levels: Provide adequate lighting levels in all pedestrian areas, including building entries, along walkways, parking areas, and other public areas. Provide the following in lighting plans: a. An overlapping pattern of light at a height of about 10-15 feet in lighted areas. ►�+('e Y.7 r.�l�t'..e�,f'?V � ?.r a w, � ✓'� Y .' "yY.`"_y, '(�' N, .4.P.c-e` .y°/ •Y has, A J v `Pmi° � �W �{r.�.Y. •may 'yF+'Y!W.sti,°': }'r • • o u DO THIS Downtown Design Guidelines September 19, 2000 Page 17 11ii i Ir Q I � Wtq I W THN b. Lighting at consistent lumens with a gradual transition to unlighted areas. Highly contrasting pools of light and dark can be temporarily blinding and should be avoided. c. In each lighted area, design lighting levels that will allow pedestrians to identify a face 15 yards away (generally, a minimum of 4 foot-candles). Adequate lighting reduces anonymity and gives pedestrians an opportunity to choose another route. d. Adequate lighting at all building entrances, exits and corridors between buildings, at least 4 foot candles during active use, especially where doors are recessed. e. Confine site lighting to the project site; use shields or other methods to eliminate glare on adjacent properties. ',U/','.b' ":`41 rM:new,0•' ,�, +M `5k+&vS'",•. �r y,a�,ww�a,,rnxno, " "',,'�,;:�a"°"ole'nxy ,�r 'Y" ,,,,,�. . n„ w n.7 n,`" rk " 'jP"7. 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"+L'i,n.P:"' r 4• R`.d.� �+kpnt tiN"•'S'„^,f,, i,", ,�Nr�„'n rI' rS•\✓;'n e;:n��r Mr Ma:R"va'd1"V`Me.'�r.rr. �nb:'."'S":�'�'•"x"?, {,r .i1+'31�'�Q "M n.r R I?'• I'nu• ., Y. ..:'Y •Y'Y• .J•� 'uii. ..5,q�', �. P.49; 'r,�'n" y�vlv wri:•' :r �w�l, ". 5 �V, \ �,,;',•IC�'q' • ' w`. tl/..(5' 'V' N',}r.J,•". ,'}' '^4 .•\, ,• Ii 4 {'Oa \{4{'y{� M.,„�I.i• .,1 ' Y"'�y' Ov� " Y .. �� Nl,'••,r,• , i u • ^ .. ,. ,'r,:'r,S'Y>'S JF•'i ,�.v SsR'�at�` L,..' �i• q:!'i� X:'"'}Yn,.�'y g '•'� '�` Y': E1 :��.R''.�'r. v 01 M. l"'iv , ," �, '�� Sy'. �'rl�Y Y.Y%6�',• '� yl,', [Iq wL � '��j`\;iY.:.�u r '�"i�,."i1S�:� a'�• r,"�Yri•�TS w'v _h v " Yt dd �; �"Qr� AiFLY'yy'y�..F'"� 'e,w,�•.v'r•�/f�y� 1 Y 5�^'^r"'�'�v.A rY. x"\.^,\i r•. ,,: i k St ,,,�r1�' i',�' n•h" "l',. ri 1 •'yi i "•.e,,e'{K!,+'�,.�+ ><�.`�4, 7.v.�'tM%',f r �"p�p'fa{ 'h.."," iY'Y"r:�^'b R. ..Y'";F•R:;?'k! N�C,,.'tE".• ' r' "�i 7"''''.�"Y1�,,�,.;• ,. *r• 7,: i, - r< ' ' y�a"�r ^V• ••, "'�r�;�^��'L ,�.�:':i'�}�"'�' y„'w,'�, owo � ""='•'i :1. `MVSO' 'i�tiP�lw' • ' .M. � A6 Sys J•...� r�� GieY,.`�.�. HigMightirq of PadaatnW 2onw 1 L.. OvOrdl Illumination f. Place light posts and standards so that they do not create hazards for pedestrians or vehicles. g. Indicate specific lighting levels in each lighted area. —I1.5. Safe landscape designs: Design the landscape so that long-term growth will not interfere with site lighting and surveillance. Downtown Design Guidelines September 19,2000 Page 18 a. Place landscape elements to allow for long-term growth without interfering with site lighting. b. Consider long-term growth characteristics when choosing plant species. c. Choose shrub species no taller that 3 feet in height. Choose tree species with a high branch habit or prune tree limbs at least seven feet above ground level to allow an open space of at least four feet between the shrubs and the lower branches of the trees. e 1, p O I.E.6. Quality of site furnishings —Provide for the following site plan elements: a. High-quality materials in site furnishings and features, such as durable and easily maintained walls and paving. b. Site features and furnishings that discourage vandalism. Furnishings that are easily removed or do not convey an image of care invite misuse. c. Safety materials, such as non-slip walkway surfaces. I.F. RESIDENTIAL OPEN SPACE (APPLY TO DC AND DCE ZONES ONLY INTENT: • To provide an open space network that is accessible to all units. • To provide an open space network that will accommodate a wide variety of activities, public and private. Downtown Design Guidelines September 19, 2000 Page 19 Ground Courtyard / oohop C ourtvrd I � � IfL,t r � t ' ; yet y f Ir BMconiw oil GUIDELINES: I.F.1. Functional open space: Design the residential open space network with a specific use in mind. In each residential or mixed-use development provide one or more of the following options: a. An individual balcony or screened patio for each unit b. Small, shared courtyards and a furnished children's play area c. Roof-top open space — roof garden or game court I.17.2. Privacv: Ensure that the open space network provides privacy for the residents while allowing for security and surveillance from residential units. I.F.3. Liehting_ Provide adequate lighting in the open space network, but place and shield lighting so that it does not glare into housing units. I.FA Landscaping Provide landscaping that defines the open space and provides Downtown Design Guidelines September 19, 2000 Page 20 shade and wind protection where needed. I.G PEDESTRIAN ACCESS INTENT: • To improve the pedestrian environment with clearly visible, easy, safe routes to business entries, among businesses, and through parking lots to the public sidewalk and transit stops. • To provide residents of mixed use complexes with safe, convenient pedestrian connections to work places, parks, schools, shopping and transit routes. GUIDELINES: I.G.1. Access to the main building entry: Provide pedestrian access onto the site from the main street on which the use is located. Where a use fronts two streets, access shall be provided from the street closest to the main entrance or, preferably, from both streets. All buildings should have a paved pedestrian walkway at least 8 feet wide from the street sidewalk to the main entry. The minimum walkway width may be 5 feet wide for a portion of the length if the applicant presents a design that varies the width of the path to allow for pedestrian amenities in wider sections. I.G.2. Access to entries that do not face the street: Any building with an entry that does not face the street should have an entry sidewalk that is easily seen from the street. The sidewalk should be separate from vehicular traffic or raised above the pavement. The pathway should be at least 4 feet wide if separate from parking stalls and at least 6 feet wide if adjacent to parking. ., I.G.3. Access among businesses in a complex: Provide pedestrian walkways connecting all business entries on the same development site. I.G.4 Access through parking lots: Provide pedestrian walkways through parking lots if the lot is greater than 150 feet long measured parallel to the storefront, or more than 2 bays or 75 feet deep measured perpendicular to the storefront. Provide a pedestrian walkway at least every 150 feet in large parking lots. Downtown Design Guidelines September 19, 2000 Page 21 �Q ch� �9 �0 ,y I.G.5. Walkways and landscaping - Integrate all walkways with the landscape plan. I.H. PEDESTRIAN AMENITIES INTENT: • To provide an attractive, safe, comfortable pedestrian environment in all weather conditions. • To establish a pedestrian-friendly downtown identity. • To highlight and define building entries and create pleasant, inviting spaces where the building and the sidewalk meet. • To provide a variety of pedestrian activities and areas to attract shoppers. GUIDELINES: I.H.I. Pedestrian weather protection: Provide pedestrian weather protection on buildings located on Class A and Class B streets as follows: a. All buildings located along designated pedestrian-oriented streets are encouraged to provide pedestrian weather protection at least 4 feet wide along at least 80% of the Downtown Design Guidelines September 19, 2000 Page 22 front of the building. The weather protection may be in the form of awnings, marquees, canopies, or building overhangs. b. Canopies or awnings should not extend higher than 15 feet above ground level or lower than 8 % feet at the lowest point. Vertical height of the overhead clearance for the bottom of an awning should not be more than 10 feet. c. The color, material and configuration of the pedestrian covering shall be as approved by the City. Coverings with visible corrugated metal or corrugated fiberglass are not recommended. Fabric,plastic and rigid metal awnings are acceptable if they meet the applicable standards. All lettering and graphics on pedestrian coverings must conform to the sign regulations in the City of Kent Zoning Code. d. At each building entry, provide weather protection such as an awning, canopy, marquee or other feature that creates a covered pedestrian space of at least 100 square feet. 4' min. �p \ rv�>1 'fit. r � T^ r� N;v -^ .j`..� rV f<.i Max. 10, pedestrian movement rem I.H.Z. Retail oriented building facades: Provide pedestrian friendly retail oriented building facades on the ground story of buildings facing designated Class A and B pedestrian- oriented streets. The facades should feature one or more of the following characteristics: a. Transparent window area or window displays along at least 50% of the length of the ground floor fagade. b. Sculptural, mosaic or bas-relief artwork over 50% of the length of the ground floor Downtown Design Guidelines September 19, 2000 Page 23 fagade. c. Pedestrian oriented space located adjacent to the sidewalk; at least 500 square feet of retail oriented pedestrian space (as illustrated below) must be provided for every 100 linear feet of fagade as measured along the property lines adjacent to the street. IIIIIIIIIIIIHIIII t" 41P 1 A r Y Preferred To Be Avoided Preferred I.H.3. Pedestrian Areas at Building Entries: Enhance building entries by providing three or more of the following elements at the primary public entry of each commercial and multifamily residential building: a. At least 200 square feet of landscaping at or near the entry. b. Benches. c. Special paving. d. Bicycle racks. e. Trellis, canopy, porch or other building element and landscape. f. Window displays that emphasize the entry. g. Building ornamentation such as mosaic tile, relief sculpture, ornamental wood or metal trim, etc. h. Artwork. i. Plants in containers. j. Special pedestrian-scaled lighting that light pedestrian areas or surfaces and that are lower than 15 feet in height. k. Other amenities as approved by the City. r Downtown Design Guidelines September 19, 2000 Page 24 � 9A a S73TN -( Tl7 A r-� - ,1� n I.H.4. Pedestrian activity areas and plazas: Provide pedestrian-oriented open space at key locations. On pedestrian oriented streets, where a front building fagade is not directly adjacent to the sidewalk, or where the building forms a public area adjacent to the sidewalk, the space between the sidewalk and the building shall be developed as a garden, lawn, courtyard, landscaped area, and/or pedestrian-oriented space. a. All public buildings shall have a plaza, courtyard, garden or other similar pedestrian- oriented space. b. To qualify as a "pedestrian oriented space", an area must have: (1) Visual and pedestrian access (including handicapped access) into the site from the public right-of-way. (2) Special textured paved walking surfaces of either concrete or approved unit paving. (3) On-site or building mounted site lighting averaging at least 4 foot candles on the ground. (4) Seating consisting of at least 4 linear feet of seating area or at least 1 seat per 60 square feet of plaza area or open space. (5) Trees and seasonal planting - landscaping that defines the space, but does not act as a visual barrier. (6) Site furniture, artwork, fountains, or kiosks. (7) Signs to interpret notable history or architecture, if any. Downtown Design Guidelines September 19, 2000 Page 25 c. To qualify as a"pedestrian oriented space" an area shall not have: (1) Asphalt or gravel pavement. (2) Adjacent unscreened parking lots. (3) Adjacent chain link fences. (4) Adjacent on-site blank walls. I.H.S. General pedestrian amenities: In addition to other required pedestrian amenities above, provide at least four of the following for all proposals on all Class A streets. Provide at least three on all Class B streets. a. At least 150 square feet of pedestrian oriented space. b. Pedestrian furniture such as seating, flowers in planters or a drinking fountain. c. Substantial perimeter landscaping (lawn if configured in a "front yard" setting between the building front and the sidewalk). d. Artwork. e. Space for transit stop with seating. f. Window displays over the majority of the front fagade. g. A decorative screen wall, trellis or other building or site feature. h. Special pedestrian lighting in addition to required lighting i. A bicycle rack. j. Other elements proposed by the applicant and approved by the City. Downtown Design Guidelines September 19, 2000 Page 26 II. LANDSCAPE AND SITE DESIGN II.A. LANDSCAPE CONCEPT INTENT: • To encourage landscape design that will enhance the pedestrian environment and compliment building and site design. • To define plant species that are of low maintenance, resistant to drought and otherwise appropriate for conditions within the business district. GUIDELINES: II.A.1. Landscape components: Include the following landscape elements: a. Coordinated systems of open spaces and/or planted areas that provide the required pedestrian areas. The plan shall indicate how the open space and plantings relate to achieve continuity, variety and activity. b. Plantings and/or site features that enhance the architectural qualities of the building. Plant species should be chosen in scale with the building at plant maturity, and should define the building modulation and entries. c. A coordinated selection of plant material to provide a succession of blooms, seasonal color and varied textures. d. Extension of the architectural concept of the building onto the site where possible, with low sitting walls, planter walls, gazebos or pergola that compliment the building design, columns or fence supports faced with material that coordinates with the building facade or trim. e. Extension of the site landscaping to the walls of the building when possible with metal trellises, vines, espaliered trees and shrubs, wall and window planters, and roof gardens. f. On-site ground or container landscaping that coordinates with the recommended street tree species and repeats the street tree species on-site where appropriate. g. Fences or dividers, where proposed, of the same material as the facade of the building or a complimentary material. Wood and chain link fences are seldom appropriate in the downtown core. h. Plant materials from the city's list of trees and shrubs used on-site to provide visual continuity. Downtown Design Guidelines September 19, 2000 Page 27 :Z; :Ox A Axial symmetry along a path Informal landscape island to to enhance a building entry soften open space n... Arched walkway below X. X 4 Bosc of trees to separate Formal landscape elements parking or service yard from to define pedestrian routes building and reinforce building geometry II.A.2. Landscape design objectives: The applicant should consider the following design objectives where appropriate: a. Provide landscape transitions between adjacent sites and within the site to achieve greater continuity. b. Create landscape definition between public and private residential spaces. c. Provide a transition between structures (vertical planes) and the site (horizontal planes). d. Highlight significant site features and define the function of the site, including parking, circulation, entries, open space, and activity areas e. Highlight principal entrances to sites with seasonal plantings arranged in a gateway effect. Consider containers planted with seasonal flowers. Downtown Design Guidelines September 19, 2000 Page 28 f. Coordinate street trees and plantings on street frontages to unify the street image. H.B. PARKING LOT LANDSCAPING INTENT: • To develop a positive downtown image • To reduce the summertime heat and glare build-up within and adjacent to parking lots • To improve the views of parking areas and parking structures • To provide significant landscaped areas within parking areas in addition to landscape buffers at the perimeters. GUIDELINES: II.B.1. Alternative Plan: Within the design review process, the applicant may submit an alternative landscaping plan to meet the surface parking area landscaping requirements of the Kent Zoning Code. The alternative landscaping proposal must provide a better solution for one or more of the following: a. Integrates interior surface parking and landscaping with required biofiltration swales or surface water detention ponds. b. Preserves distant views. c. Provides a significant pedestrian oriented space such as a pocket park or amphitheater. d. Creates an extension or connection to a local park or a regional bicycle /pedestrian trail system. e. Provides for outstanding public art within pedestrian view. f. Provides outstanding enhancement and support for the City-designated gateway intersections. g. Addresses the context of the site and the intent of this section more effectively than could be done within the zoning code standards, and results in a superior plan. Downtown Design Guidelines September 19, 2000 Page 29 5 a � 1• 9 7�f Downtown Design Guidelines September 19, 2000 Page 30 III. BurLDING DESIGN III.A. BUILDING CONCEPT INTENT: • To encourage building design that is appropriate to the site, and becomes a positive element in the architectural character of downtown. • To encourage consideration of overall building design without prescribing a specific architectural style or organization. • To guide development to maintain high interaction between pedestrians and the activities inside the buildings at ground level. GUIDELINES: III.A.1. Architectural Elements: Organize architectural elements into a unified whole that coordinates with local context and objectives. Applications for design review shall include a description of the design concept for the proposed building or complex. The description shall include a statement of how the various building elements, such as walls, roofline, entries, modulation, materials, decorations, signage, etc., are organized into a functional and attractive composition. Furthermore, the project proponent must describe how the concept relates to site conditions such as visibility, access, pedestrian circulation, and neighboring development. Examples of design concepts are provided in the Definitions section of this document. III.B. HUMAN SCALE AND PEDESTRIAN ORIENTATION. INTENT: • To encourage buildings that are "comfortable" by relating building elements to human scale. GUIDELINES: III.B.1 Incorporate human scale building elements: All new buildings and major exterior remodels must employ at least three of the following elements or techniques to achieve "human scale". If a proposed building is 3 stories or more than 100 feet wide as measured along any visible fagade facing a street, then the design shall use at least four of the listed elements. a. Balconies or decks in upper stories; at least one balcony or deck per upper floor on the facades facing streets. To qualify, balconies must be at least 6 feet deep and 10 feet wide. b. Bay windows that extend out from the building face. c. Individual windows, generally less than 32 square feet per pane and separated from other windows by at least a 6 inch molding. Downtown Design Guidelines September 19, 2000 Page 31 Building mounted Entries with direct window boxes or ptnYisioos for plantings Gabled roof forms facade lights pedestrian access from _ encouraged encouraged sidewalk mandatory. Inset entry courtyards Deck terraces and other forms of encouraged _ _— building articulation are encouraged. A. tc- j d. A gable or hipped roof, providing that the hipped or gable roof covers at least one half of the building's footprint and has a slope greater or equal to 3 feet vertical in 12 feet horizontal. e. A porch or covered entry. f. Building elements that define a sheltering space such as a trellis, overhang, canopy or other. g. Upper story setbacks, providing that one or more of the upper stories is set back at least 6 feet. h. Smaller symmetrical building elements near the entry or pedestrian oriented street fronts of large buildings. (See "Axial Symmetry " in the Definitions section of this document). i. Other design methods proposed by the project applicant subject to approval by the City. The proposed methods must satisfy the intent of human scale and pedestrian orientation. III.C. ARCHITECTURAL SCALE INTENT: • To encourage new development compatible with the existing building scale and character of downtown Kent. GUIDELINES: III.C.1. Scale of of large buildings: To achieve an architectural scale consistent with existing structures in downtown Kent, proponents of new buildings over three stories, or over 10,000 square feet in gross building footprint, must provide design elements to reduce the appearance of bulk. Provide at least two of the following features on facades visible from public rights-of-way and pedestrian routes and entries: a. Upper story setback - To reduce the perception of bulk, one or more upper stories must be set back from the ground floor at least 10 feet. Downtown Design Guidelines September 19, 2000 Page 32 b. Horizontal Building Modulation — The stepping back or projecting forward of portions of a building fagade within specified intervals of a building width and depth lessens the apparent bulk of the exterior wall of the structure. Buildings within 400 feet of a public right-of- way or park and/or visible from that right-of-way or park shall meet the following design standards: (1) The maximum width (as measured horizontally along the building exterior) without building modulation shall be 100 feet. (2) The minimum depth of modulation shall be 6 feet. (3) Balconies may be considered building modulation if each individual balcony has a floor area of 100 square feet. c. Modulated roof line — To further reduce the scale of large buildings, the rooflines shall be modulated according to one or more of the following standards: (1) For flat roofs or facades with a horizontal eave, fascia, or parapet, change the roofline so that no unmodulated segment of roof exceeds 100 feet, measured horizontally. (2) Provide gable, hipped or shed roofs with a slope of at least 3 feet vertical to 12 feet horizontal. (3) Other roof forms such as arched, vaulted, dormer or saw-toothed may satisfy this regulation if the individual segments of the roof without a change in slope or discontinuity are less than 100 feet in width. d. Building articulation with design elements such as the following, providing the interval does not exceed 100 feet: (1) Repeat distinctive window patterns at intervals equal to the articulation interval. (2) Provide a porch, patio, deck, or covered entry for each interval. (3) Provide a balcony or bay window for each interval. (4) Change the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval. (5) Change materials or colors with a change in building plane. (6) Provide a lighting fixture, trellis, tree or other landscape feature within each interval. e. Clustering of smaller uses and activities around entrances on street-facing facades. f. Massing of substantial landscaping and/or pedestrian oriented open spaces along the building fagade. g. A pedestrian pass-through that would access the rear of the lot through buildings over 200 feet in length. h. Other design methods proposed by the project applicant subject to approval by the City. The proposed methods must satisfy the intent of the design principles in this section. Downtown Design Guidelines September 19, 2000 Page 33 .II.D. BUILDING DETAILS AND ELEMENTS INTENT: To increase the attractiveness of buildings close by. When buildings are seen from a distance, noticeable qualities are the overall form and color. We must be at least 200 feet away from a three story commercial building to fit it within our cone of vision and perceive its overall shape. At that distance, windows, doors and other major features are clearly visible. However, when we are within 60 to 80 feet of the building, we notice not so much the overall building form as the individual elements. Closer, as a pedestrian on the sidewalk, the most important aspects are the building design details, the texture of the materials, the quality of its finishes, and small decorative elements. In a pedestrian oriented business area, it is essential that buildings and building contents are attractive up close. These guidelines include principles and regulations to require project proponents to incorporate design details and small-scale elements into building facades. The Historic Core District, as shown on the district map in this document, requires specific design guidelines to preserve the historic character of the original commercial district. GUIDELINES: III.D.1 AparoRrriate building details: All new buildings shall include at least three of the following elements on the facades that face a public street or park: (Note: A decorative element may be quite simple if it is suitably scaled and related to the building concept.) a. Articulated or decorated rooflines such as an ornamental molding, entablature, frieze, or other roofline device visible from the ground level. If the roofline decoration is in the form of a linear molding or board, the band must be at least 8" wide. b. Decorative treatment of windows and doors such as a decorative molding (a typical wooden style molding as seen on pre-world war II buildings), decorative glazing, door design, or framing details around all ground floor windows and doors. c. Decorative railings, grillwork or landscape guards. d. Landscape trellises. e. Decorative light fixtures with a non-glare light source or a decorative shade or mounting. f. Decorative building materials, including: (1) Masonry, shingles, brick or stone. (2) Decorative moldings, brackets, wave trim or lattice work. (3) Ceramic tile, stone, glass block, or glass. (4) Artwork,freestanding or attached to the building. Artwork may be in the form of a mosaic mural, bas-relief sculpture, light sculpture, water sculpture, fountain, or Downtown Design Guidelines September 19, 2000 Page 34 freestanding sculpture. (5) Other materials with decorative or textural qualities and other artwork as , approved by the City. Drawings and material samples must accompany all proposals related to the above guidelines. III.D.2 Historic Core District building details: In addition to the above building details and elements, projects proposed within the Historic Core District shall incorporate the following: a. When feasible, design entrances on the same level as the sidewalk to coordinate with existing buildings in the Historic Core District. b. All buildings constructed to face Class A designated streets must have a main entrance with direct access to the street. c. Include vertical elements present on existing buildings such as decorative building edges, comer trims, and attached rectangular pilasters or vertical trim strips. d. Include horizontal elements present on existing buildings such as a trim at the floor level of each story, rows of windows, repeated trim elements, and recesses. e. Infill development should respect the common cornice line, scale, and textural qualities of the buildings in this area. If a building is taller that the adjacent existing buildings, the building should contain elements that reflect the prevailing cornice line. The upper floors can be set back to maintain a continuous cornice line. f. To create a commercial height and appearance, create a minimum floor to floor height for ground floor retail of 14 to 15 feet. g. Allow for a kick plate wall section under the windows on the street fagade of the building at least 15 and not more than 30 inches high. ®® JQUl Zt.7R OE T BF u This is a mixed-use building with pedestrian-oriented retail on the first floor and apartment units on the second floor. a tower element anchors the comer of Gowe Street and Central Avenue. Note how the tower element reduces the apparent horizontal length of the building facade and the pattern of windows and columns adds a distinct pattern and refinement to the facade. Downtown Design Guidelines September 19, 2000 Page 35 <II.D.3. Design elements for espresso stands and street vendors — Espresso stands and other outdoor stands and carts for vending are subject to the following design standards: a. The stand or cart must be constructed of good quality, permanent materials. Tarps, bare plywood, cardboard, plastic sheeting, corrugated fiberglass, or similar materials are not permitted. b. The design, materials, and colors must be compatible with existing features in the proposed location. c. Awning quality must be equal to that required for permanent buildings. (See section II.D.1 of this manual.) d. The size of the stand or cart must be adequate for storage, trash containers, and other facilities. No outside storage is permitted. e. Wiring and plumbing must be hidden from view. f. One sign, maximum are area six square feet, two sided, is permitted. Menus and price lists two square feet and less, are not signs for the purpose of this guideline. III.E. MATERIALS AND COLORS INTENT: • To encourage the use of high-quality compatible materials to upgrade the visual qualities of downtown Kent. • To provide specific guidelines for development in the Historic Core District to maintain the historic character. GUIDELINES: III.E.1 Retain existing facades: Use of metal siding, metal screening, plastic, plywood, sheet wood products or fiberglass to cover over existing facades is discouraged. Wood should not be used to cover over existing brick or cast stone masonry. III.E.2 Use compatible building materials: The following standards guide the use of building materials: a. If metal siding is used as a siding material over more than 25% of a building's fagade, the metal siding must have a matted finish in a neutral, muted or earth tone such as buff, gray, beige, tan, cream, white, or a dulled color. If metal siding is used over 25% of the building fagade, then the building design must include the following elements: (1) Visible window and door trim painted or finished in a complimentary color. (2) Comer and edge trim that cover exposed edges of the sheet metal panels. Exception: If the City determines that specially treated metal siding is used as an accent material to achieve special architectural character, the City may approve metal siding as a material even though it does not meet the above specifications. Downtown Design Guidelines September 19, 2000 Page 36 b. If concrete blocks (concrete masonry units or "cinder blocks") are used for walls concrete block construction must be architecturally treated in one or more of the following ways: (1) Textured blocks with surfaces such as split face or grooved. (2) Colored mortar. (3) Other masonry types such as brick, glass block or tile in conjunction with concrete blocks. c. The following materials are prohibited in visible locations. (1) Mirrored glass. (2) Corrugated fiberglass. (3) Chain-link fencing (except for a temporary purpose such as a construction site.) (4) Barbed wire, concertina or razor wire. III.E.3. Appropriate materials to blend witb significant buildings in the Historic Core District: To blend with the historic commercial character of the district, the following materials are recommended: a. Decorative masonry b. Shingle brick c. Stone The applicant may propose other materials with decorative or texture qualities compatible with the existing character of the district, subject to approval by the City. d. The use of metal siding, metal screening, plastic, plywood, sheet wood products, or fiberglass to cover existing facades is not permitted. Wood should not be used to cover existing brick or cast stone masonry. e. Materials prohibited in II.E.2.c. above are prohibited in the Historic Core District. III.F. BLANK WALLS INTENT: • To reduce the visual impact of large plain walls. • To reduce the apparent size of large walls through the use of various architectural and landscaping treatments. • To provide art and/or landscaping to improve the pedestrian experience. GUIDELINES: III.F.1 Design treatment of blank walls - Treat all blank walls (see Definitions) within 50 feet of street rights-of-way, parks, or adjacent lots in one or more of the following ways: a. Install a vertical trellis in front of the wall with climbing vines or plant materials. Downtown Design Guidelines September 19, 2000 Page 37 b. Provide a planting bed at least 5 feet wide or raised planter at least 2 feet high and 3 feet wide in front of the wall. Landscape with plant materials that obscure or screen at least 50% of the wall surface within 3 years. c. Provide artwork (mosaic, mural, sculpture, relief or other) on at least 50% of the blank wall surface. d. Other methods as approved by the City. All proposed methods are subject to City approval. The applicant must submit architectural plans and elevations of the proposed treatments for approval. Downtown Design Guidelines September 19, 2000 Page 38 IV. DEFINITIONS Architectural Elements — As used in these guidelines, the term architectural elements refers to the elements that make up an architectural composition or the building form, and can include such features as the roof form, entries, an arcade, porch, columns, windows, doors and other openings. "Architectural elements" is used interchangeably with architectural features in these guidelines. Architectural Character — The architectural character of a building is that quality or qualities that make it distinctive and that are typically associated with its form and the arrangement of its architectural elements. For example, a prominent design feature may convey the architectural character of a structure. Examples are a distinctive roofline, a turret or portico, an arcade, an elaborate entry, or an unusual pattern of windows and doors. Architectural Scale — The perceived height and bulk of a building relative to other forms in its context. Modulating facades and other treatments may reduce a building's apparent height and bulk. Axial Symmetry -- Axial symmetry is the similarity of form or arrangement on either side of a dividing line or plane through the center of an object. Balcony — A balcony is an outdoor space built as an above ground platform projecting from the wall of a building and enclosed by a parapet or railing. Bay Window — A bay window protrudes from the main exterior wall. Typically, the bay contains a surface that lies parallel to the exterior wall, and two surfaces that extend perpendicular or diagonally from the exterior wall. Blank Walls — Walls subject to "blank wall" requirements are any ground-level wall over six feet (6') in height measured from finished grade at the base of the wall, and longer than 50' measured horizontally. A wall subject to the requirement does not have any significant building feature, such as a window, door, modulation or articulation, or other special wall treatment within that 50' section. h Downtown Design Guidelines September 19, 2000 Page 39 Circulation -- As used in these guidelines, the term circulation refers to the movement or flow of traffic from one place to another through available routes. Traffic includes a variety of modes of travel including pedestrian, motor vehicle and non-motorized methods such as bicycle. Courtyard — A courtyard is an open space usually landscaped, which is enclosed on at least three sides by a structure or structures. Curb Cut — A curb cut is a depression in the curb for a driveway to provide vehicular access between private property and the street. Deck — A deck is a roofless, outdoors aboveground platform projecting from the wall of a building and supported by piers or columns. Design Details — Architectural or building design details refer to the minor building elements that contribute to the character or architectural style of the structure. Design details may include moldings, mullions, rooftop features, the style of the windows and doors, and other decorative features. _ Fagade - A fagade is any portion of an exterior elevation of a building extending from the ground level to the top of the parapet wall or eaves, for the entire width of the building elevation. A front facade is typically the fagade facing the major public street(s). An entry fagade is typically the fagade with the primary public entry. Foot Candle — A foot candle is a unit used for measuring the amount of illumination on a surface. The amount of usable light from any given source is partially determined by the angle of incidence of the source and the distance to the illuminated surface. Frontage— As used in these guidelines, frontage refers to length of a property line along a public street or right-of-way. Front Yard - As used in these guidelines, the front yard is the area between the street(s) and the nearest building fagade. Gateways - As used in these guidelines, the term gateways refers to key intersections within the city which are entranceways into the Kent downtown area. The gateways will be enhanced by special sidewalk/crosswalk treatments, landscaping, signage, lighting, banners and other improvements to signify their status as entryways into the downtown core. Downtown Design Guidelines September 19, 2000 Page 40 Historic Core District — The Historic Core District is the traditional and geographic heart of downtown Kent, containing the original business district. The boundaries of the Historic Core District are Fourth Avenue to the west, Harrison Street to the north, E. Titus Street to the south, and the alley between Railroad Avenue and Central Avenue to the east. The area is shown on the map below: Ste.� � WIo.g1l° .p��•8 0� � o g a• ' d �] r^.., �• .0 8 a 8,•t iV11s IUD I LJ oo a. �. • °-P a.ao S.S r11M� +u.•�era a. Qa °•e' � 9 BO d °° °c 4 eV 1 $n oo � ° 4 g°�'=TORIC CORE `° 6DISTRICTyo 1 l3° r° +1 Q ❑ o° eo 1 0 n o0��1 F� D. Q e T° Wo P n' 0 a0 0 o e. Q 0•.e •Pa O 1 °`ve 4 O 11 I / i O 7b °SOd .,4 o•oe � �� a,� �o P , a� e � a Human Scale — The size of a building element or space relative to the dimensions and proportions of a human being. Incompatible Uses - As used in these guidelines, incompatible uses are those uses, including, but not limited to, outdoor storage, utilities equipment and apparatus, and loading and service facilities, which are considered to be visually intrusive, unsightly and which require site design and screening to mitigate the negative impacts to downtown retail commercial and residential development. Lumen — A lumen is a unit used for measuring the amount of light energy given off by a light source. Modulation — Modulation is a stepping back or projecting forward of portions of a building fagade within specified intervals of building width and depth as a means of breaking up the apparent bulk of a structure's continuous exterior walls. As used in these guidelines, the Downtown Design Guidelines September 19, 2000 Page 41 —modulated portions must be at least 6 feet deep in order to qualify as modulation. Pedestrian-Oriented Facades — "Pedestrian-oriented" facades are those that feature one or more of the following characteristics: (1) Transparent window area or window displays along at least half the length of the ground floor fagade. (2) Sculptural, mosaic or bas-relief artwork along at least half the length of the ground floor fagade. (3) Pedestrian-oriented space— as defined below. (4) Other measures that meet the intent of the criteria, as approved in conjunction with overall design review approval. Pedestrian-oriented Space — A pedestrian-oriented space is an area between a building and a public street that promotes visual and pedestrian access onto the site and that provides pedestrian-oriented amenities and landscaping to enhance the public's use of the space. Generally, effective pedestrian-oriented spaces have: (1) Visual and pedestrian access into the site from the public right-of-way. (2) Paved walking surfaces of either concrete or approved unit paving. -- (3) On-site or building-mounted lighting providing at least 4 foot candles (avg.) on the ground. (4) Seating; at least 4 feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space. (5) Landscaping that does not act as a visual barrier to views from the street or adjacent buildings. (6) Site furniture, artwork or amenities such as fountains, kiosks, etc. (7) Pedestrian weather protection or other enclosure, such as an arcade or gazebo Generally, pedestrian-oriented spaces shall not have: (1) Asphalt or gravel pavement. (2) Adjacent unscreened parking lots. (3) Adjacent chain-link fences. (4) .Adjacent "blank Walls" without "blank wall treatment." Pedestrian-oriented Use — A pedestrian-oriented use is a commercial use whose customers arrive on foot, or where signage, advertising, window display and entry ways are oriented toward pedestrian traffic on a public sidewalk. Pedestrian-oriented businesses may include restaurants, retail shops, personal service businesses, travel services, banks (except drive-through windows), Downtown Design Guidelines September 19, 2000 Page 42 and similar establishments. Service Areas — Service areas refer to areas, enclosed or open, that contain equipment and uses such as ground level mechanical equipment, utility vaults, loading zones, outdoor storage areas, and trash and recycling areas. Site Planning — Site planning is the arrangement of buildings, driveways, sidewalks, landscaping, parking, public open spaces, and other facilities on a specific site. Good site planning will result in a cohesive site design concept and take into consideration natural features, topography, drainage requirements, access points, the design of neighboring sites, and other features in the immediate vicinity of the site. Streetscape — The streetscape is the visual character and quality of a street as determined by various elements located between the edge of the street and the building face, such as trees and other landscaping, street furniture, artwork, transit stops, utility fixtures and equipment, and paving. Where there are frequent and wide spaces between buildings, the streetscape will be defined by the pattern of building and open space and the character of that open space. Surface Parking -- Surface parking is single level vehicular parking on the surface of the ground, generally a parking lot that typically is uncovered. Structured Parking- Structured parking is a multiple level vehicular parking facility, generally a parking garage or similar structure constructed for that purpose. Transit-oriented Development- Transit-oriented development (TOD) is development that is centered around and coordinated in its use and design with a transit station or other transit facility. Transit-oriented development includes a variety of different planning and development projects, but is typically compact, medium to high density, mixed-use development within walking distance of transit with a focus on pedestrian orientation and creating neighborhood centers, places and/or gathering spots. P:Wdmin0owntown Kent Design Guidelines.doc Downtown Design Guidelines September 19, 2000 Page 43 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT &AA �J( a4't, -d B. OPERATIONS COMMITTEE- / v� QuaQ C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE MINUTES AUGUST 15, 2000 COMMITTEE MEMBRS PRESENT: Chair Rico Yingling, Judy Woods, Tim Clark STAFF PRESENT: Brent McFall, May Miller, Trisha King-Stargel, Debra LeRoy, Ahn Hoang, Becky Fowler, Marty Mulholland, Lori Flemm, Sue Viseth,Norm Angelo, John Hillman, John Hodgson, Cliff Craig, Connie Epperly, Pat Fitzpatrick, Jackie Bicknell PUBLIC PRESENT: Jayme Epperly, John Santana, Dick Lackey, Stephanie Klappenbach, Linda Johnson, Tom Wood The meeting was called to order by Chair Rico Yingling at 4:33 PM. There was one added item: Kent Public Development Authority Request. Approval of Minutes of August 1, 2000 Committee Member Tim Clark moved to approve the minutes of August 1, 2000. The motion was seconded by Committee Member Judy Woods and carried 3-0. Approval of Vouchers Dated August 15, 2000 Judy Woods moved to approve the vouchers dated August 15, 2000. The motion was seconded by Tim Clark and carved 3-0. I-695 Add Back—Budget Change Chief Administrative Officer Brent McFall said the City had received $526,254 in 1-695 add back funds as authorized by House Bill 5321. $175,000 of that money can be used in 2000,but $350,836 has to be used in 2001. The money will fund four Public Safety positions (two firefighter and two patrol positions) and one legal attorney position. Tim Clark moved to recommend to Council to authorize a 2000 budget change to add back funding for two firefighter, two patrol and one legal attorney position for $175,418 with funding from I-695 Add Back Funds. The motion was seconded by Judy Woods and carried 3-0. IAC/LWCF Grant for Clark Lake Park Parks Director John Hodgson said the City had received a Land and Water Conservation Fund grant from the Interagency Committee for Outdoor Recreation for$252,187. The money will be used to acquire 38 acres adjacent to Clark Lake Park. Mr. Hodgson said the City has two years to spend the money and the land will be purchased when it becomes available. Judy Woods moved to recommend to Council to accept the $252,187 LWCF grant from the IAC for acquisition of 38 acres at Clark Lake Park and amend the land acquisition budget. Tim Clark seconded the motion and it carried 3-0. Purchase of Personal Computers Information Technology Director Marty Mulholland said the City will purchase 37 computers as part of the Technology Plan's ongoing replacement program. Last year the City purchased 80 machines all at once, but staff found that it took considerable time to deploy them. This year, the Operations Committee, 8/15/00 2 purchases have been divided into smaller amounts. The lowest price quote was received from HyLink Technology at a total cost of$56,254.80 for the 37 computers. Tim Clark moved to recommend to Council to accept the quote of$56,254.80 for the purchase of 37 Hewlett-Packard Pentium III computers from HyLink Technology, and authorize the Mayor to execute the necessary contract documents. Judy Woods seconded the motion and it passed 3-0. FY2000 Local Law Enforcement Block Grant—Application Police Department Support and Administrative Services Trainer Trisha King-Stargel said she had received information that the Local Law Enforcement Block Grant, originally totaling $81,890, had been reduced by 10% due to non-compliance with a federal government benefits regulation for public safety officers that Washington State does not meet. The new amounts are $66,331 provided by the LLEBG and 10%matching City funds of$7,370 for a total of$73,701. The money will be used to update instruction by purchasing a component for computer based training. Judy Woods moved to recommend to Council to approve the application for the Fiscal Year 2000 Local Law Enforcement Block Grant. The motion was seconded by Tim Clark and carried 3-0. Kent Downtown Partnership Quarter) enort Kent Downtown Partnership Executive Director Linda Johnson said she is currently working with six downtown property owners on upgrading buildings and making improvements. The Odd Fellows Building upgrade, four years in the process, has a new roof and new windows, and hopefully will be painted this summer. It will be the last of the buildings in the historic district to get a major facelift since work started in 1992. There have been many special events take place since the first of the year. The Sidewalk Chalk Festival will be next weekend along with Canterbury Faire, and the merchants are in the process of putting together upcoming holiday events. They have a great idea for the open house this year. The Partnership has been working hard on recruiting new business. At the beginning of the year there were 14 vacant businesses in the downtown district and currently there are only three. The one large vacancy left is on Meeker Street across from Starbucks and J C Penney's. That building will be remodeled and broken down into smaller spaces so that it will be easier to lease. A New York style deli is coming in and there's a new paper and ink company in on First Avenue. The Wild Wheat Bakery has extended hours and is now open on Saturday and Sunday. There are four restaurants open in the evenings: Maya's, Mexico Lindo, a Greek restaurant, and Tracks Restaurant. Wild Wheat has said they intend to expand to a dinner schedule soon. Sushi is also available in the evenings. If the bond for the Performing Arts Center passes and the facility is built, the entertainment and other things happening at the Center will encourage the downtown businesses to be open in the evenings. Judy Woods asked at what point more restaurants would be open in the evening even on select days. Ms. Johnson said it would take more residents living in the downtown district, which is a component of the downtown plan. The more residents there are, the more foot traffic there will be and that will bring a greater need for restaurants to be open. Rico Yingling asked if the Partnership was involved in the living population. Ms. Johnson said the KDP had worked with Earl Price when he brought in the first of the downtown housing by writing letters of support and Operations Committee,8/15/00 3 encouragement. The KDP also worked with four of the downtown property owners to upgrade apartments in their buildings. There is a zero vacancy rate in the apartments that have been refurbished. One building on First Avenue adjacent to the train tracks is in very poor condition on the second floor,but there are still tenants in the building. Currently the building is a low- income housing unit, which could be upgraded. The KDP has talked to the property owner about the possibility of refurbishing the apartments, but she would rather put in office space. The KDP has also encouraged apartments in the areas not considered part of the downtown district such as the North Park area and the other side of Willis Street around 4ch Avenue. Property owners along Railroad and First Avenue have been contacted in a clean up effort along the whole rail corridor, not just in the downtown area. Many of the property owners in that part of the area are not local people. The KDP newsletter goes to Kansas, Alaska, and New York and targets the majority of people owning residences in the downtown district hoping to encourage them to sell their properties or to take some interest in fixing them up. Cornucopia functioned very smoothly this year with only minor glitches. A lot of store owners close their stores for Cornucopia and take a three day vacation because the event does not bring people into their shops. Booths are set up in front of stores, and even though the Lions Club leaves an area to walk through, most of the business owners feel that the fair detracts from their businesses. The fair itself is to draw people to the fair, not to downtown shopping. A small percentage of the business owners, however, feel that any time a huge amount of people come into the community that's an opportunity for exposure to their businesses, and they hope the people will return. The fair brings a different group of people to the community that's normally not seen downtown. It's only three days out of the year and it's a great fair. Rico Yingling mentioned that the UW Street Fair puts the booths in the center of the street. Linda Johnson said they do that in Sumner also, and it works very well with business owners having visibility the same as the vendors. Judy Woods asked why Kent didn't have the stalls in the middle of the street. Ms. Johnson said she understood that it was a safety issue. Ms. Johnson said she was able to secure five new vendors from Cornucopia that will be part time vendors at the Public Market. The Market took in about a quarter of its normal revenue during the fair, but a lot of that had to do with permanent inside vendors and the parking lot on the outside not being filled as was projected. Ms. Johnson said it has been difficult filling the outside spaces. The inside spaces are 100% full every weekend and sometimes even more spaces are created on the inside. But a lot of craft type people do not want to be mixed in with the commercial type products that Cornucopia brings. They would rather be in an area together. Crafters don't want to be set between a cell phone person and a chiropractor. Ms. Johnson said the Kent Downtown Partnership has determined its long term goals, and each of its committees is going through the goals and determining what the most important and key things are to work on. A major issue is building relationships with the Railroad. The KDP is part of the National and State Downtown Associations and is required by both to keep statistics on what's happening in the community. Since 1993, 689 new private jobs have been created in the downtown district and there have been 128 building rehab projects. That amounts to about $42,000,000 worth of private money that the community has put into the downtown district. Compared with other communities, Vancouver, who has been building big retail complexes, is the only one that's ahead of Kent. Kent is also much lower in failure rate compared to some of Operations Committee,8/15/00 4 the other communities and won the national award from the National Historic Trust for doing a very good job. The KDP will try again for the fourth year to pass the Main Street Bill in the State of Washington legislature. The Trust for Historic Preservation as well as the Associated Washington Cities are in support of the legislation, which will be introduced by the City of Vancouver. Ms. Johnson said she had already spoken to Assistant Chief Administrative Officer Dena Laurent about the City supporting the legislation. Linda Johnson introduced Tom Wood, new President effective July 1,2000 of the Kent Downtown Partnership. Mr. Wood commended Ms. Johnson and the KDP's efforts in focusing on getting the Public Market up and going. The market is successful and the Kent Downtown Partnership has the support of the majority of the vendors. Rico Yingling mentioned that he had gotten complaints from citizens that there wasn't enough parking for the Market. Linda Johnson said that problem would be solved when the RTA gets the 200 stall parking garage built across the street. The commuter trains will not run on the weekends and the majority of the Market traffic is on Saturday and Sunday. During construction of the garage, the intention is to place the vendors on the sidewalks and open the Market lot for parking. Ms. Johnson said there are approximately 40 outside stalls, but the Market is averaging only 10- 12 produce and farm vendors a weekend. Mr. Yingling said that one citizen had commented that if there was more turnover in the vendors, it would be better as there would be different things available more often. Ms. Johnson said there is a recycling of vendors. Some people are day vendors, selling just one day a week, and some sell for just one week straight. Some sell for a month and may not come back again for three months, and some sign a six month or one year contract. Those with one year contracts generally have larger ticket items and are more stable merchants. The metal vendor, coffee vendor, and meat market vendor have long term relationships. The Great Harvest Bread Company should be moving in at the end of the month, and there is one permanent long-term vegetable vendor. Some people have permanent spaces and some rotate and move around. There are currently 87 vendors in the market, but not all have complete booths. The mix of vendors is important and there is a waiting list of people who would like to be at the market, but their products are too similar to what's already being sold. Tom Wood said the mix takes care of itself because the successful vendors stay and the marginal vendors eventually move on. PDA Request Brent McFall introduced Stephanie Klappenbach, Public Development Authority Board president, and Dick Lackey, PDA Board treasurer. Stephanie Klappenbach requested Council approval of financial assistance to the Public Market Development Authority for the balance of year 2000 and all of year 2001. The funds would be used to offset rent for the Kent Public Market at the amount of$4,000 a month to provide stability for the market. Tim Clark asked what had made the difference in projected income versus actual. Dick Lackey said the mortgage payment for the Market is $5,000 a month, but the PDA had felt it needed $6,500 in rent to provide an adequate reserve on any maintenance to the building as well as make the mortgage payment. The rehab costs were significantly higher than anticipated in the original projections. When the bids came in, the projections were reworked and the original projection Operations Committee, 8/15/00 5 was shown to have the ability to cover the rent payment. The biggest difference in the original projections compared to the actual numbers appear to be in the number of outside vendors. The indoor vendor numbers look to be right on. The PDA's request is to help the KDP rebuild its reserves and make it through the winter season to next summer. Winter is more sparse in activities for an unheated building and the Market used up a lot of reserves because operation began in November of last year rather than early summer as had been hoped for. It was realized ahead of time that there would be deficit operations during the winter months that could be made up in the summer. However, the reserves had to be used from the very start, and other unanticipated things left the Market without the reserves to make it through this winter. The projections show a deficit for the next 12 months of$31-32,000, and the Market needs assistance if it is to continue. The hope is that the Market will gain momentum by next season and turn the deficit around. Rico Yingling asked how the $4,000 number was arrived at. Dick Lackey said there was a deficit projected for the next year of approximately $3,000 a month for I 1 months, beginning with the actual July financial statement through June 30, the fiscal yearend. Extra money is needed to build a reserve back in, so the $1,000 provides a buffer. Mr. Lackey said the KDP has provided the PDA Board with a budget,but the PDA Board intends to ask for specific plans as to how the Market will achieve success so the deficits don't continue. Hiring an additional part- time person or a full-time manager to alleviate some of the hours put in by Linda Johnson has also been discussed, and the PDA has suggested that the compensation area be built up to allow for some marketing. The PDA Board hasn't been involved in the Market budget discussions but will provide ideas and ask for specific plans. Brent McFall added that the City has long had an interest in the Market, which was operated by the City of Kent for a number of years. It was the goal of the City to turn the Market over to the KDP to get it to a self-sustaining level, and possibly to even become a source of revenue for the KDP. With the transition into a new facility that has significant overhead costs, it will take some time to build the business up to the level that will support the investment. Mr. McFall said that, given the City's long interest in the market as a public facility and public amenity, it is not inappropriate to provide some financial support for the Public Development Authority, which is a public entity and creation of the City of Kent, and to assist in furthering the long term self sufficiency of the Market. Rico Yingling asked what the City deficits were when the City ran the Market. Mr. McFall said the City provided substantial support for the Market when it was a City operation, spending as much as $25-$30,000 a year, covering salary expenses, etc., out of the General Fund, which was not associated with the revenue derived from the Market. The Market now has the strong potential to be a tremendous amenity to downtown, given its year round nature and the potential to draw people to the downtown area. The Sounder Commuter Rail Station will begin operation in October bringing a large number of people into the region on a daily basis, and there is an opportunity to capture some of that market. The PDA Board has discussed what could be done to enhance the ability to have more regular outside vendors. The Pike Place Market, which is the most successful market in the region, has a number of vendors in outdoor spaces year round, and the Kent Market should have the ability to develop long-term outdoor vendor relationships as well. Operations Committee,8/15/00 6 Judy Woods moved that the Operations Committee recommend approval of the Kent Downtown Public Market Development Authority's request for support in the amount of $16,000 in the year 2000 and $48,000 in the year 2001, and that the Mayor be requested to include the 2001 appropriation in his proposed budget. The motion was seconded by Tim Clark and passed 3-0. 10 Year Financial Forecast Finance Director May Miller said the budget is set and as a rule is not changed except in instances such as the I-695 Add Back. The City can then measure how it's doing based on the budget. Revenue is always budgeted conservatively and the hope is that there will be over- collections. Last year, even with a conservative budget, there was a downfall in the Sales Tax area and revenue was under-collected. Each year the City tries to start the next year's budget with $3,500,000 in over-collection and under-spending. This year through June, collections were $1,300,000 ahead of budget in Sales Tax, and the same 12% overage has been projected out through December. Wholesale was up over$500,000 through the first half of the year and Retail Sales were also up $500,000. Retail Sales in the Industry is up 6-7%, but in Kent they were up 13%, a difference mostly due to new business. The areas of Licenses, Permits, and Charge for Services were also over budget, reflecting the building activity in the valley. On the Expenditure side a full compliment of positions for all 12 months of the year were budgeted, but normal vacancies result in some savings. COLAs came in at 3.8%when 3.4% had been budgeted. The budget lines are continually updated as new information is received. All revenue is reviewed with the departments line by line, and information is received from the Municipal Research Service on exact numbers to use. Every component of each settled contract is looked _ at, as well as increases for benefits and health insurance. All department budgets and revenues haven't been fine toothed yet, but figures show a shortage of$182,000. Normally at this time of year, for a full 10% reserve, the fluctuation is anywhere from $200,000 above to $200,000 below budget. The Implicit Price Deflator number will be released August 28`h and the figures will be changed and adjusted as the new numbers come in. Taking the known items available, the total projected sources are above the total projected expenditures until 2008. The state has said that the IPD would be about 80% of COLA for the year 2001. The property tax rate is adjusted according to the Implicit Price Deflator, and the City figured 2.6% amounting to $472,000 of additional property tax next year for the IPD. The long-range forecast is 2.4%, around $500,000 per year in additional property tax. Brent McFall said property tax collections can be increased by the percent of the Implicit Price Deflator. The City can and oftentimes does decrease the actual property tax rate and in fact has decreased property tax rates substantially over the last several years. May Miller said that right now there is about $1,000,000 more in new construction showing which is higher than it's ever been. The City budgets about 80% of what it thinks the property tax will be, running the figures through a couple of different models, and the forecasts have consistently been close. For Sales Tax, the expected population growth (which is 1% of 157,000) is looked at using the CPI. 3.8% is picked up for next year and then dropped to 3% for the following year. That adds significant dollar amounts to the revenue base. Staff assumes the current emergency medical levy funding will continue and the City won't have to fund that itself, so $652,000 is included in the figures and also the I-695 add back is included. On the salary side, the COLAs are at 3.8% for public safety contracts, and the others at 90%, Operations Committee,8/15/00 7 which amounts to S1,200,000. The growth in new construction could cover the COLAs and continue services without any cuts. A significant amount of money is going into the medical fund,but if the sales tax comes in at forecast, it should cover the medical costs. About $600,000 has been added for inflationary costs. The model won't significantly change in the future unless some huge changes occur. The COLA costs actually drop in the future as staff gets to the E level and only the COLA costs have to be covered and not the steps also. Ms. Miller did say, however, that if it were not for the huge construction projects increasing the amount of property tax collected, the cost of the COLAs and any growth in positions would not be covered. Staff will keep the model alive and will keep changing the numbers as they become available. The budget is assuming a conservative position and that the City will over-collect revenue and under-spend expenditures. Taking a conservative approach and not budgeting for all the Sale Tax that's expected has allowed a 10% fund balance which has helped with the City's credit rating and allowed money to be put out for capital. Forecasting helps staff look at the trends for the future and make decisions about cutting expenses or services. Rico Yingling asked if a ten-year project forecast could be brought to the next Operations Committee meeting, and also if the model could be used to get an idea of what the effect would be on the City's source and expenditure projections if I-722 passed. Ms. Miller said the goal is to keep the model updated and brought back regularly. Now that the model is built, it is fairly easy to put the numbers in and to keep watch on it. She said the biggest project expenditures are in Public Works, but wasn't sure if they had a ten year plan. She said she could bring a six year plan to the next meeting. The meeting was adjourned at 6:01 PM. Jackie Bicknell City Council Secretary SPECIAL PARKS COMMITTEE MINUTES JULY 129 2000 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Connie Epperly, Tom Brotherton STAFF PRESENT: John Hodgson, Katherin Johnson, Lori Hogan, Brenda Abney, Cheryl Fraser, Lori Flemm, Lara Hosford, Janet Hasselblad, Jan Burley, Carolyn Sundvall, Jackie Bicknell PUBLIC PRESENT: Jayme Epperly, Rod Saalfeld The meeting was called to order by Chair Judy Woods at 4:03 PM. The order of the agenda was changed and Item 5, Specialized Recreation Division Presentation was the first item heard. Specialized Recreation Division Presentation Parks Recreational Facility Manager Cheryl Fraser presented an overview of the Specialized Recreation Program. She said the program primarily works with citizens who are developmentally and physically disabled and their family members, as well as people who have an interest in the disabled. 23%of the people who participate in the Specialized Recreation Program are between the ages of 8 years old and 21 years old, and 77% are 21 and over. There has been a non-duplicated count of about 1600 people over the last year who have participated, and a duplicated count of about 4000 citizens who have come back for repeat services. The Specialized Recreation Program has a well-rounded selection of programs and activities to offer the Kent community which include recreation and social programs, support activities, life skills programs, a creative arts program, sports and fitness, and inclusion services. An example of the Recreation and Social Programs is the very popular Studio 315, formerly called the Sunshine Factory Program. It was the original program offering and is the most popular of all the activities and events. Studio 315 celebrated its 19`h year in existence in January, 2000. Another recreation and social program is community trips, with 39 trips taken with 442 people in attendance over the past year. One of the newest programs is the Creative Arts Space, which is an inclusive program designed to encourage the participants to discover their own unique creativity and to support them in trying a variety of art mediums and materials. Very Special Arts of Washington and Highline Community College provide for this program and are an excellent resource for finding talented instructors and modified art materials for people with various physical disabilities. Since the beginning of the program, participants have painted two Metro bus shelters, located at Smith and Railroad Street and 4`h and Smith in front of the Bank of America building. There have also been seven art exhibits, four at the Resource Center, one at Seattle Center(which was a paid exhibit), and two at City Hall. An invitation has been extended to display some of the work at the Seattle Art Museum and that's currently being scheduled. The Stewpot Theater is a unique theater company comprised of 35 actors who have developmental or physical disabilities. The program has opened up the dramatic and performing arts to people in the community who traditionally don't have an opportunity to participate. There are also a number of support recreation programs. One group is for individuals who have survived some type of accident and have experienced trauma to the head or the brain. This group Parks Committee,7/12/00 Page 2 is called the Head Injury Recreation Support Program. When this program was initially set up, staff worked very closely with the Recreational Therapy Department at Harborview Medical Center, which has continued to refer outgoing patients who live in the Kent area to the program. There is also a support group for people who have experienced strokes, and an active citizens group for those with Multiple Sclerosis. The Life Skills Program includes cooking, self help skills, and home living skills, and has a volunteer program made up of four developmentally disabled participants who wanted to give something back to the community. They have been volunteering,with staff assistance, at Hallmark Manor, a nursing home in Federal Way. Volunteering at Hallmark Manor gives the residents and the volunteers the opportunity to bridge the generation gap and provides fun and enriching activities for everybody involved. The Kids on the Block is a troop of seven child-sized puppets representing young people with disabilities. They were created to help teach non-disabled children about acceptance and sensitivity towards children with physical, mental, and emotional differences. Thirty-one performances were given in classrooms last year with a total audience of just under 2000. The puppet shows were designed for 3Td graders, but are also enjoyed by adults. Over 600 athletes participated last year in an active and year round sports and fitness program, which includes track and field, softball, bowling, a cycling team, tennis, swimming, folleyball, basketball, and golf. Staff has been working closely with Riverbend Golf Course on the golf program. Inclusion is a term used to describe disabled citizens who choose to participate in the general parks and recreation programs. A number of children want to play with both their disabled and non-disabled schoolmates, and their families register the children in the general parks and recreation programs such as T-ball, Club Accelerate, and other after school recreation programs. The Specialized Recreation Programs are generally full with people on a waiting list. Citizens have increasingly complained that they couldn't get into the classes they wanted, and to address that concern, stakeholder meetings were held to discuss the overcrowding issues. As a result of those citizen meetings, a number of recommendations were put into place. A priority registration system was instituted where for the first seven days of the registration period, the City of Kent and the Kent School District residents are allowed to register, and then after that those who live outside the City can sign up. Also, the larger holiday events have been relocated to either the Senior Activity Center or the Kent Commons to allow a larger physical space in order to handle larger groups, and the inclusive efforts have been enhanced. The program is currently housed in the Resource Center which is the Youth and Teen Headquarters. The 5500 square foot facility has a large recreation hall, stage, kitchen, and one meeting room. It is available for private rentals, weddings and church services, and weekend rentals. However, a big concern has been the lack of parking, so the City purchased property north of the building for additional parking and construction will take place in late August of this year. The Specialized Recreation Program partners with a number of agencies and organizations dedicated to working with the disabled population to give the best possible service to the citizens. Staff works very actively and aggressively in looking for additional funding sources Parks Committee,7/12/00 Page 3 and, in addition to what the City of Kent funds, 56% of the dollars are collected from user fees, 22% from the rental of the Resource Center, 11% from memorials and gifts, and 10% from grants. Ms. Fraser presented a video about the Stewpot Theater, showing parts of its current production of Peter Pan and some of the past performances. The Stewpot Theater is unique in that the actors not only have a variety of abilities and talent,but the script is written specifically for them. The participants register in fall quarter and stay with the program for 10 months until the production opens to the community with a 2-3 day performance schedule. Each show is an original work written by director Becky Kellogg, and the music is written by Ms. Kellogg's husband David Kellogg. Ms. Kellogg incorporates every actor who wants to be part of the program no matter what their disabilities are, and the families involved love the program because they get to network with one another and be creative making costumes and designing the sets. Stewpot Theater was established because of customer interest in the performing arts and the City of Kent's desire to showcase the talents and abilities of people with special needs. It presents an opportunity to expose those people to the dramatic arts as well as gives the general community the opportunity to see the talent of people with developmental disabilities in an upbeat atmosphere. Cheryl Fraser acknowledged and thanked the community volunteers that support the Specialized Recreation Program. Assistant coaches, Share a Friend volunteers, holiday performers,people who make costumes for Stewpot Theater, those who volunteer to serve meals during the holiday events, and businesses add value to the program. During the annual National Volunteer Month a volunteer banquet is held to thank people and acknowledge their gifts of time and energy. Ms. Fraser introduced her staff. Special Education Recreation Coordinator Janet Hasselblad, Inclusion Coordinator Lara Hosford, and Jan Burley, Administrative Secretary. King Coun Landmarks and Heritage Grant for the Neely House to Accept and to Amend Parks Planning and Development Superintendent Lori Flemm said the Neely House received a reimbursement grant of$38,000 for the renovation of the house. The grant covers painting the outside of the house, refinishing the wood floors on the first floor, painting the inside, electrical work on the second floor, and the radiators and copper tubing for the radiant heat. Most of the work has already been completed. Connie Epperly moved to accept the King County Landmarks and Heritage Commission grant for the restoration of the Neely Soames House and Garden and to amend the budget accordingly. The motion was seconded by Tom Brotherton and passed 3-0. King County Summer Work Training Grant for Specialized Recreation—Accept and Amend the Budget Parks Recreation and Cultural Services Superintendent Lori Hogan said the City has been involved with the King County Work Training Program for a number of years. The City employs teenage workers to give them an opportunity to learn employment skills, and there's an educational element that helps build a foundation with the employment program. The teens do trail building, participate in park clean up activities, do habitat programming, etc., throughout the summer. Because of the demand for participation in the program and the quality of the program, Parks Committee,7/12/00 Page 4 King County has revised the plan to allow the addition of 12 more teens. There will be a total of 36 teens this year and the grant award has been upped to$19,200. Tom Brotherton moved to accept the King County Community Services $19,200 grant for Specialized Recreation Summer Work Program and amend the budget accordingly. The motion was seconded by Connie Epperly and passed 3-0. 2001 Community Development Block Grant (CDBG) Program—Approye Housing and Human Services Planner Carolyn Sundvall distributed a revised motion and blue sheet to the Committee members. She said the 2001 Community Development Block Grants are Federal HUD dollars passed through the cities that must be used for the benefit of low and moderate income people. The year 2001 grant is a slight increase over what was received for 2000, and it's anticipated that the amount may go up before the National Congressional Budget is passed later this year. The Human Service Commission looked at all of the programs and recommended the funding levels. For 2001 there are two Capital Projects. One is the ongoing Home Repair Program for which $285,589 was recommended for funding. The second capital project is the Multi Service Center Titusville Station Rehab recommended at $100,000 for replacing the roof and adding skylights. The next category is Planning and Administration to administer and coordinate the Block Grant Program recommended for funding at $78,986. Three ongoing Human Service Agencies, funded in previous years, have again been recommended for funding. They are the Kent Community Health and Natural Medicine Services (part of the Community Health Center of King County), recommended for$33,506; the Kent Emergency Feeding Program, which does emergency boxed meals for homeless people, recommended for $18,324; and the YWCA Domestic Violence Transitional Housing support for$33,709. The final HUD budget is not known, so a contingency plan has been built-in to cover both an increase and a decrease. The Human Service Commission has recommended that if there is an increase in Public Service, that it be divided equally between the agencies, and if there is a decrease that it be split proportionately among the three agencies. In the Capital Requests it was recommended that an increase go to the South King County Multi Service Center for the Titusville Station Rehab, and a decrease go to the Home Repair Program. Tom Brotherton moved to approve the proposed year 2001 Community Development Block Grant Program and to put in a Contingency Plan and forward it to the full City Council, to schedule a Public Hearing August 1, 2000 for the full City Council to consider adoption of the proposed year 2001 CDBG Program, and to authorize the Mayor to execute the appropriate contracts as adopted. The motion was seconded by Connie Epperly and passed 3-0. Reclamation Art Project at Turnkey Park- Approve Parks Cultural Programs Coordinator Brenda Abney said the Reclamation Art Project for 2000 was previously approved in the 2000 City Art Plan. The Kent Youth Board, a division of the Kent Police Drinking Drivers Task Force has worked since last year to raise funds to create an art project and have asked for a $1,000 contribution to their fund raising efforts, along with staff guidance and Parks resources to produce the project. The Youth Group consists of 25 high school students, all of which have been active in the project to some degree, and 15 who have been very active in the project. Ms. Abney showed the Committee examples of the artwork. Parks Committee,7/12/00 Page 5 An artist and the Turnkey Park site were selected for the artwork in February. Turnkey Park is a wide expansive park with lots of trees, and has a new play area being developed. The Youth Board is working with Parks Planning to put the art in the play area,placing it on the face of the play area wall, on the wall top, and in the paving going up to the area. Different media will be used for the panels which will have masks to express part of one theme and nature as part of another. The wall toppers, which will act as both a seating area and as a decorative element, will have the three themes of Diversity, Unity, and Peace displayed on long skinny panels. There will be 20 paving stones on the path that will be decorated in the same theme, using the same materials. Those will be done this summer if time allows. The artwork should be produced in August, installed in September, and dedicated in October or November. Connie Epperly moved to accept the proposed art project for Turnkey Park and approve the contribution of$1,000 from the Art Fund Budget. The motion was seconded by Tom Brotherton and passed 3-0. Project Update Chair Judy Woods asked Parks Director John Hodgson to give an update on some of the Parks projects. Mr. Hodgson said there are three restaurants planned for the golf course and construction is underway. The Fire Creek Grill Restaurant facility will be done on August 28`h, then staff will receive a week in training, and the grand opening will be September 7"'. The Pro Shop will be open a little sooner, as well as the back offices for staff. The Fire Creek Grill Restaurant will be a full service restaurant and lounge, seating 125 people. It has been almost entirely privately funded and will be privately operated by a restaurateur who also operates the River Rock Restaurant at the Maplewood Golf Course in Renton. Captain Jack's Fish and Chips Restaurant at the driving range and Captain Jacks Miniature Golf Course will open at about the same time. The Pizza Oven and Dancing Tomato Pizza Company at the Par 3 course won't open until after the first of the year so the first two restaurants can get a good start before construction begins on the third one. Connie Epperly asked if the concrete dolphin had been installed at the golf course. Mr. Hodgson said it wasn't there yet,but a nautical theme is being created at the miniature golf course. The Ice Center facility has been preloaded and is sinking faster than anticipated, which is good news. In the next 6-8 weeks the preload will be taken off and the foundation work started. The foundation work should be completed before the rainy season so construction can be started during the winter months. The opening for the Ice Center will be in the spring of next year. The rink is a regulation hockey sized ice arena with a 600-800 seating bleacher area and should be the biggest, nicest ice facility in the area, if not in the State of Washington, when it's done. The Ice Arena is privately funded and operated through a lease agreement with the City, and the City gets two hours a day free use during the school year, including instruction, which amounts to about $100,000 a year in use that can be offered to citizens. The Senior Center has already started its ice hockey teams and can't wait for the figure skating for the seniors. Discussions have begun with the school district on their users, and home schools as well as other groups will also be able to use the facility. An aquatic facility was very high on the citizen survey list for desired facilities and staff has discussed a regional feasibility study for an aquatic center with the County. That study will be done next year through the budget process. The County is willing to partner with the City on a Parks Committee, 7/12/00 Page 6 — regional facility, and staff will be working with some of the other communities in the area to see how that need can be met. The Kent pool does not meet the current need. People are being turned away for swim lessons, etc., because the pool is full with the swim clubs and the school swim team users. Recent events taking place in Kent were the Seattle Symphony performance during the Fourth of July celebration and the Tickle Tune Typhoon. For the rest of the summer, three or four days a week, there will be concerts or other activities that the community can celebrate, as well as ongoing activities. Mr. Hodgson congratulated Cheryl Fraser and her staff on the Special Recreation Programs. He said the Stewpot Theater is up for a national award, which will be decided sometime in September and awarded in October in Phoenix,Arizona. The meeting adjourned at 4:52 PM. Jackie Bicknell City Council Secretary PUBLIC SAFETY COMMITTEE MINUTES _ SPECIAL MEETING, JULY 259 2000 COMMITTEE MEMBERS PRESENT: Chair Connie Epperly, Sandy Amodt, (Tom Brotherton was absent) STAFF PRESENT: Judi Mauhl, Loma Rufener, John Willits, Debbie Ranniger, Allen Emerson, Pat Fitzpatrick, Jackie Bicknell PUBLIC PRESENT: Ross Knapp, Wanda Knapp The meeting was called to order by Chair Connie Epperly. Ms. Epperly mentioned that Committee Member Tom Brotherton was out of town but had reviewed the agenda and given his approval on the action items. Approval of Minutes of June 13. 2000 Committee member Sandy Amodt moved to approve the minutes of June 13, 2000. The motion was seconded by Chair Connie Epperly and passed 2-0. LEEP Grant Police Department Public Education Specialist Debbie Ranniger said LEEP stands for Law Enforcement Education Partnership and is a grant from the State Department of Community, Trade and Economic Development. The grant allows the Police Department to continue to offer the Game of Life Youth Conference as a regional program. The program has been offered for four years at a regional capacity and has achieved a good level of success. Youth from all 8 districts in South King County attend the conference, and State funding has allowed Kent to provide the conference benefit to youth throughout South King County. A group of 28 youths plan and execute the Conference which occurs in December. There are 30- 40 teams from middle,junior, and high schools (all Junior and Senior High Schools in the Kent School District participate) along with a representative sampling from the other districts. The students attend for one day and learn about issues that are important to teens revolving around substance abuse, violence prevention, and depression and suicide. The youth that attend the Conference are expected to return to their communities and make a difference by doing something about an issue that they feel strongly about and that will make a difference in their communities. Some teams chose to do more than one project, and last year there were 41 projects done by 31 teams. Those projects impacted over 18,000 youth in South King County. The LEEP Grant allows seed funds to implement those projects. Sandy Amodt asked what type of projects were done and Ms. Ranniger said there were all different kinds. One project that took place at Sequoia Junior High in Kent was a series of assemblies with youths that had personal experience with depression or suicide attempts. Those youths talked about their feelings and how they got help, and then offered suggestions for those who had friends exhibiting symptoms or that needed help themselves. The kids listened when they heard youth their own age talkinr about really serious issues. Maple Valley youth did a project called Prom Promise where 6` graders wrote letters to individual senior high school kids Public Safety Committee,7/25/00 Page 2 asking them to pledge not to drink and drive during Prom weekend. Those were read at an assembly and a significant number of high school seniors, after hearing a letter personally addressed to them by a 6`h grader, did pledge not to drink and drive. Some youth choose to do orientations to 6ch graders, helping them make the transition into 7"i grade, and sometimes there are projects around health and wellness or making the right choices. This year a lot of schools chose to do violence prevention projects with assemblies and discussions around learning alternative ways to deal with stress, anger, conflict, and preventing violence. Sandy Amodt moved that the council authorize the Mayor to accept the grant funds and establish a budget. The motion was seconded by Connie Epperly and passed 2-0. Valley Narcotics Enforcement Team Grant Kent Police Lieutenant Lorna Rufener said the City of Kent currently administers the financial aspects of the Valley Narcotics Enforcement Team Grant. Ms. Rufener said she has been the Commander of the Task Force since 1998. The financial cycle started July 1, 2000 to coincide with the State Budget cycle. The amount of funding received is $257,840 which is approximately 46%of the overall budget. Lieutenant Rufener said the team could not operate without the grant. This is the 131h year of the grant which is administered by the Washington State Patrol. Last year the street value of the drugs seized from cases,primarily in the South King County area, were about $3,000,000. The agencies that participate in the Valley Narcotics Enforcement Team are the Washington State Patrol, the Kent Police Department, Renton, Tukwila and Auburn. The enforcement team is housed at the Regional Justice Center and occupies a space next to the King County Drug Enforcement Unit with whom the task force works closely. There were 55 mid and upper level narcotics cases last year. One case in particular has just been concluded that staff worked on for two years with the results of over 11 individuals federally convicted of growing marijuana throughout Florida, the Washington State Maple Valley area, and in Tennessee. It was an interstate network and close to $1,000,000 in assets were seized. The Kent Police Department feels very good about the process, and the teamwork and efforts that are currently being made in this area. Sandy Amodt moved to recommend to Council approval of the 2000-2001 budget for the Valley Narcotics Enforcement Team. The motion was seconded by Connie Epperly and passed 2-0. Local Domestic Preparedness Equipment Grant Assistant Fire Chief John Willits said King County was awarded $300,000 by the US Department of Justice under the State, Local, and Domestic Preparedness Equipment Support Program Project. It is a project to get communities ready for any consequences of terrorism with weapons of mass destruction such as chemical, biological, and radiological type warfare items. King County is designated the grant manager for the project, and equipment that they buy and provide to the City is to be part of a mutual aid resources packet that is available under the mutual aid agreements. Public Safety Committee,7/25/00 Page 3 Sandy Amodt moved to recommend to Council to authorize the Mayor to sign the Certification and Assurances Document and Distribution Agreement for the grant from the US Department of Justice for equipment related to Weapons of Mass Destruction. The motion was seconded by Connie Epperly and passed 2-0. National Night Out Update Police Department Communication Services Specialist Judi Mauhl said the City of Kent is always a big participant in National Night Out. The upcoming night on August 1, 2000 will be the 17`h annual National Night Out. The purpose of National Night Out is to try to bring neighborhoods together at least one night a year to meet each other. They are more likely then to take care of their own neighborhoods and call in when they see something wrong or suspicious. It also encourages people to start a Block Watch or keep their Block Watches active. Kent has over 140 established Block Watches and staff is working on starting up about 60 that was received from the County. The Block Watch groups are undergoing a major revitalization this year so there will probably be over 200 by the start of 2001. Block Watch groups are given posters and doorknob hangers to invite people to attend. This year, money was received from the regional representative of the S. C. Johnson Company, who is the national sponsor of National Night Out. That money enabled the program to make T-shirts to give to Block Watch Captains who sign up. On the back, the shirts say Kent Police Crime Prevention Team and display the City of Kent logo. City employees can participate and they are given a hat to wear. Last year the City Council went out and Councilmember Sandy Amodt got excited about how great it was and started her own Block Watch. Ms. Mauhl presented Ms. Amodt a packet for her neighborhood's National Night Out. There are 26 National Night Out events happening throughout the month of August as some people wanted to do the night out on a weekend instead of Tuesday. Ms. Mauhl said she encourages people to invite her to a Block Watch meeting if they want to get one started or if they need more information on updating an old Block Watch group. Sandy Amodt commented that after the Block Watch was created in her neighborhood, it helped prompt her to check on a neighbor that hadn't been seen for awhile. She found out that the neighbor was in the hospital and nobody had known. The neighbors in the Block Watch grouped together and went over to mow the lawn and help the man's elderly sister. Judi Mauhl commented that a good crime prevention technique is to help keep up the neighborhood as that lets people know that someone is watching and taking care of things. Ms. Amodt added that since a lot of people in her neighborhood were gone on vacation this month, schedules were made of when people would be gone so somebody could be watching the houses. The meeting was adjourned at 5:19 PM. Jackie Bicknell City Council Secretary CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION