HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/01/2002 City of Kent
City Council Meeting
Agenda
KEN T
W A S H I N G T O N
an.
Mayor Jim White
Councilmembers
Judy Woods, Council President
Tim Clark Julie Peterson
Connie Epperly Bruce White
Leona Orr RicoYingling
October 1 , 2002
Office of the City Clerk
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
KENT October 1, 2002
W A S X I H G T G H Council Chambers
700pm
MAYOR Jim White COUNCILMEMBERS Judy Woods, President
Tim Clark Comae Epperly Leona Orr
Julie Peterson Bruce White Rico Yingling
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1 CALL TO ORDER/FLAG SALUTE
2 ROLL CALL
3 CHANGES TO AGENDA
A FROM COUNCIL, ADMINISTRATION, OR STAFF
B FROM THE PUBLIC
4 PUBLIC COMMUNICATIONS
A Employee of the Month
B Proclamation—Fire Prevention Week
C Proclamation—Make a Difference Day
D Introduction of Appointees
5 PUBLIC HEARINGS
A LID 354, Meeker Street Widening and Washington Avenue HOV Lanes, Final
Assessment Roll—Confirm and Adopt Ordinance 3W b
6 CONSENT CALENDAR
A. Minutes of September 17, 2002 -Approve
B. Payment of Bills—Approve
C Independent Salary Commission Ordinance- Adopt 3101� Q
D Public Works &Improvement Projects Ordinance—Adopt 3b�
E U.S Bank Contract Extension—Authorize
F King County Green River Natural Resources Area Lagoon Island Reforestation Grant
Agreement—Accept and Amend Budget .Lg
G Street Vacation, Thompson Street, Resolution�etting Public Hearing Date for
November 5 —Adopt
H Six Year Transportation Improvement Plan—Set Public Hearing Date for October 15
6D Fernando Panlasigui Short Plat Water System Easement—Convey
J. Kingsley Glen Final Plat—Approve
bfq
LID 353, S 228`h Street Corridor, Formation Ordinance—Adopt
L Diversity Advisory Board Appointments—Confirm
M Temperance Street Vacation Ordinance—Adopt 3(-2o
N Cingular Wireless Cell Tower At Lake Fenwick Lease — Authorize and Amend
Budget
O Adoption of RCWs By Reference Ordinance—Adopt 3b21
P Building Code Appeals Amendment Ordinance - Adopt 3 bZz
7 OTHER BUSINESS
A. King County Utility Sewer Permanent Easement—Convey
B Van Doren's Park Deed Conveyance Resolution—Adopt 1 hT
C Old Fishing Hole Deed Conveyance Resolution-Adopt I ID 3p
SUMMARY AGENDA CONTINUED
8 BIDS
A Re-bid Employee Services Tenant Improvements
9. REPORTS FROM STANDING COMMITTEES AND STAFF
10. REPORTS FROM SPECIAL COMMITTEES
11 CONTINUED COMMUNICATIONS A — K—/v] Po of
12 EXECUTIVE SESSION /8 l Gaff Pro? ram
A Property Acquisition � TI`Mi;
13 ADJOURNMENT
NOTE A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library The Agenda Summary page is on the City of Kent web site at
www ci kent wa us.
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) EMPLOYEE OF THE MONTH
B) PROCLAMATION-FIRE PREVENTION WEEK
C) PROCLAMATION -MAKE A DIFFERENCE DAY
• D) INTRODUCTION OF APPOINTEES
Kent City Council Meeting
Date October 01, 2002
Category Public Heann. s
1. SUBJECT: LID 354, MEEKER STREET WIDENING AND WASHINGTON
AVENUE HOV LANES, FINAL ASSESSMENT ROLL—CONFIRM
AND ADOPT ORDINANCE
2. SUMMARY STATEMENT: As established by council, this date has been set for the
public hearing on the confirmation of the final assessment roll for LID 354. The City has
determined that certain properties are specially benefited by these road improvements and
has proposed to proportionately assess these properties in accord with those special
benefits Because the proposed final assessment roll affects specific, individual property
owners, the council sits in a quasi-judicial capacity as a board of equalization for this
matter. The Public Works Director will make a presentation, followed by a brief
informational statement from the City Attorney before opening the hearing.
3. EXHIBITS: Public Works Director Memorandum
4. RECOMMENDED BY: Council September 3, 2002
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS-
7 CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember seconds
to close the public hearing.
B Councilmembercemoves Councilmember "seconds
To adopt Ordinance No �lol , confirming the final assessment roll for LID 354.
DISCUSSION:
ACTION
Council Agenda
Item No. 5A
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
Phone 253-856-5500
KENOT Fax 253-856-6500
WASHINGTON
Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date October 1, 2002
To Mayor and ity Council
From Don Wickstorm,Public Works Director
Regarding L I D 354 — Washington Avenue HOV Lanes and Meeker Street Widening
Improvements (Hawley Road to James Street and 64th Avenue to Washington Avenue)
Public hearing for confirmation of final assessment roll
October 1, 2002 has been scheduled for the confirmation hearing on the final assessment roll for the
above referenced project
BACKGROUND
Washington Avenue and Meeker Street are principal arterials serving as major north/south and
east/west routes connecting the Kent Valley to SR 516 and SR 167 and Interstate 5 See attached map
for project location
Washington Avenue has operated at a deficient level of service during most of the day This was
largely due to heavy traffic conditions (including trucks) and high volumes of vehicles turning into and
out of driveway accesses to adjoining commercial properties In addition to traffic deficiencies, this
section of Washington Avenue was lacking a continuous system of pedestrian sidewalks In many
locations the existing sidewalks were narrow and sub-standard In several locations pedestrians had to
walk along roadway shoulders or through planter strips or parking lots The street lighting system was
also sub-standard and in need of upgrades to provide increased levels of safety for vehicles and
pedestrians
The level of development along Meeker Street between Washington Avenue and 641h Avenue South
had increased to a point where the existing roadway facilities were no longer capable of providing an
adequate level of service to handle the volume and types of traffic encountered and expected in the
future The construction of Kent Elementary School located south of Meeker Street along 641h Avenue
South also increased safety concerns regarding pedestrian movement along Meeker Street
In order to improve these conditions, the City proposed reconstruction and widening of these portions
Of the roadway system These improvements were identified in the City of Kent's Six-Year
Transportation Improvement Program (TIP) Partial funding was obtained from the Transportation
Improvement Board and the City of Kent budgeted funds over a several year period
During the previous 20 years a number of LID no protest covenants (69 75%) were executed by
developers in the project area (see attached map) for roadway improvements along these routes A
LID was necessary to complete the project funding, to satisfy the covenants of record and to address
the special benefits from the improvements to the local properties within the project area. With the
grant money available the City needed to proceed with the project or risk losing the funding
Therefore, the Public Works Department held an informal meeting with the affected property owners
on November 15, 2000 The Resolution of Intent No 1579 was adopted by City Council on December
12, 2000 which set the formation public hearing for January 2, 2001 City Council passed Ordinance
No 3540 on January 16, 2001 forming the L I D and ordering the construction of the roadway
improvements No protests were received on the L I D formation
Bids were opened for the project on May 23, 2001 and the construction contract was awarded to
Ceccanti, Inc We are now ready to finalize the assessment roll
PROJECT IMPROVEMENTS
The project improved Washington Avenue between Hawley Road (S 251st St.) and James Street and
improved Meeker Street between Washington Avenue and 64th Avenue South(see attached map)
The project included the following improvements on Washington Avenue
1. High Occupancy Vehicle lane northbound between Willis and Meeker Street
2 High Occupancy Vehicle lane southbound between Smith and Willis Street
3 Concrete curbs, gutter and sidewalks
4 Installation of street trees
5 Upgrade existing signals at Willis Street (SR-516) and Meeker Street
6 Right turn only lane northbound at Willis Street
7 New storm pump station and bioswale near Green River bridge (future construction)
8 Upgrades to the existing illumination system
The following improvements were included on Meeker Street-
1 Widen roadway to provide new general purpose travel lane eastbound and westbound (5
lanes total)
2 Concrete curbs, gutter and 10 foot sidewalks
3 Upgrade and relocate existing signal at 64th Avenue South
4 Exclusive right-turn only lane from southbound 64th Avenue to westbound Meeker Street
5 Upgrades to the existing illumination system
6. Landscaping
PROJECT FUNDING
The project is funded by TIB grant funds, City funds, developer mitigation funds and the Local
Improvement District It was determined that the necessary L I D funding is $480,400, which is
approximately 10% of the total project cost
METHOD OF ASSESSMENT
The total L.I D assessment of$480,400 is distributed over the benefiting properties within the L.I D
boundary based on the following method
Several factors are used in arriving at each parcel's proportionate share of the total assessment First,
the assessment is distributed based on front footage or the property dimension parallel with the
roadway. Also, a weighting factor is used to proportion the assessments for various levels of
improvements needed throughout the project area to meet City roadway standards adjacent to each
property and the various corresponding levels of special benefits
Three cost levels of improvements were identified within the project limits The cost ratios between
the various levels of improvements were calculated to give weighting factors The front footage is
multiplied by the weighting factor to give weighted front footage for each parcel. The assessment is
distributed proportionately over the weighted front footage
The three levels of improvement are
1 Concrete sidewalk installation This level applies where there is an existing curb and gutter but
no sidewalk or a dirt or asphalt sidewalk Applies only on Washington Avenue The weighting
factor is 100
2 Concrete sidewalk and curb and gutter installation This level applies to locations where these
improvements don't currently exist on Washington Avenue The weighting factor is 1.73.
3 Widening of the road for additional lane on each side This level applies to Meeker Street, as
the purpose of the project to widen Meeker from 3 lanes to a City standard 5 lanes The
weighting factor is 5 40 Please note that the additional lane on Washington Avenue is not
required to meet City standards and is for HOV purposes and therefore is not considered in the
L I D. Also, the City does not have the authority to assess the federal government, therefore
the post office property on Meeker Street is not assessed
PAYMENT OF ASSESSMENT
Upon Council passing the ordinance confirming the final assessment roll, there is a 30-day period in
which any portion or all of the assessment can be paid without interest charges After the 30-day
period, the balance is paid over a ten-year period wherein each year's payment is one-tenth of the
principal plus interest.
LID 354—WA Ave Final Assessment Roll
SPECIAL BENEFITS TO LID PROPERTIES
Special benefits is the enhance property value the property received as a result of the improvements
The Courts give the agencies a strong presumption that the property is in fact special benefitted unless
evidence proves otherwise hi this case, as discussed in the background section, the City has a strong
evidential history of requiring frontage street improvements as a condition of development and/or
redevelopment For this L I D., for nearly 20 years the City required property owners to execute No
Protest L LD covenants in conjunction with their seeking a development permit Of the 33 assessed
parcels, 18 executed covenants These 18 parcels represent 69 75% of the total assessment and are
indicated on the attached map The other 15 properties will be faced with the same requirements should
they develop or redevelop in the future Today, however, these properties will be required to either make
the improvements or pay the estimated cost thereof at the time of development versus executing a
covenant
The improvements constructed via L I D 354 provided the necessary improvements to address the
L.I D covenants on file and to satisfy future street improvement requirements. In addition, the LID
project provides desirable frontage improvements for commercial and business zoned properties
The LID covenants run with the land and generally allow the City to require the improvements to be
constructed at any time upon 60-day notice The participation in a L I D is only an optional method of
satisfying this obligation. If no L LD is formed, the obligation to do frontage improvements remains
In the case of L I.D. 354, the City has provided a portion of the funding and has obtained grant funds,
which reduces the L LD assessments The final total project cost is currently estimated at $5,400,000
The L I D assessment amount of$480,400 is therefore only 8 9% of the actual project cost
As noted earlier, without the L I.D. and other funding, the properties would have borne 100% of the
costs of the frontage improvements Further, and also as noted, they would have had to build same either
in conjunction with their development or with respect to the existing convenants upon the City giving
them a 60-day notice to do so
As a result for properties frontage on substandard street, there exists an inherent obligation of the
property to make frontage street improvements Any prudent buyer, when buying
business/commercially zoned, recognizes this potential financial obligation and the purchase price for
the property is negotiated on that basis
An example of this is the case of the Safeguard RV storage facility which recently constructed on the
east side of Washington Avenue within the project limits This property was required to provide upfront
improvements for which they paid $56,862 in mitigation fees and thusly was excluded from the L I D
The Special Benefit that this property would have received, and all properties received under the L LD
is that their obligation for constructing frontage improvement is fully satisfied To satisfy that
obligation, Safeguard paid out $56,863 The Special Benefit they would have received, under the L LD ,
would have been in essence any dollar amount up to or less than the $56,863, the amount they paid As
such, the real price of their property was its purchase price, plus this $56,863 obligation Had they been
included in the L I D , their assessment would have been only$7,633
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MEEKER STREET WIDENING AND WASHINGTON AVENUE HOV LANES
KENT LID 354 MAP
CITY OF KENT �uou.r aeea
ORDINANCE NO.
Ali
AN ORDINANCE of the City Council of the City
of Kent, Washington, approving and confirming the
assessments and assessment roll of Local Improvement
j District No 354 for the construction of the Meeker Street
widening and Washington Avenue HOV lanes improvements
project, as provided by Ordinance No 3540, and levying and
assessing a part of the cost and expense thereof against the
several lots, tracts, parcels of land and other property as
shown on the assessment roll
WHEREAS, the assessment roll levying the special assessments against
the property located in Local Improvement District No 354 in the City of Kent,
Washington (the"City"),has been filed with the City Clerk as provided by law, and
WHEREAS, notice of the tune and place of hearing thereon and making
objections and protests to the roll was published at and for the time and in the manner
provided by law fixing the time and place of hearing thereon for the 1" day of October,
I I
12002, at the hour of 7 00 p in, local time, in the Council Chambers in the City Hall, Kent,
Washington, and further notice thereof was mailed by the City Clerk to each property
owner shown on the roll, and
'll
II'
i 1 LID 354— Confirmation of
Final Assessment Roll
WHEREAS, at the time and place fixed and designated in the notice the
hearing was held, all written protests received were considered and all persons appearing
at the hearing who wished to be heard were heard, and the City Council, sitting and acting
as a Board of Equalization for the purpose of considering the roll and the special benefits
to be received by each lot, parcel and tract of land shown upon such roll, including the
increase and enhancement of the fair market value of each such parcel of land by reason
of the improvement, overruled all such protests,NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS,
SECTION 1. The assessments and assessment roll of Local
Improvement District No. 354, which has been created and established for the purpose
j of constructing the Meeker Street widening and Washington Avenue HOV lanes
improvements project, as provided by Ordinance No 3540, as the same now stand shall
be and the same are approved and confirmed in all things and respects in the total
amount of$480,400.
SECTION Z Each of the lots, tracts, parcels of land and other property
li shown upon the assessment roll is determined and declared to be specially benefited by
I.
this improvement in at least the amount charged against the same, and the assessment
appearing against the same is in proportion to the several assessments appearing upon
•Ithe roll There is levied and assessed against each lot, tractor parcel of land and other
property appearing upon the roll the amount finally charged against the same thereon
I
I SECTION 3. The assessment roll as approved and confirmed shall be
filed with the Finance Division Director of the City for collection and the Finance
Division Director is authorized and directed to publish notice as required by law stating
ji that the roll is in her hands for collection and that payment of any assessment thereon or
2 LID 354— Confirmation of
Final Assessment Roll
any portion of such assessment can be made at any time within 30 days from the date of
first publication of such notice without penalty, interest or cost, and that thereafter the
sum remaining unpaid may be paid in ten equal annual installments The estimated
interest rate is stated to be 6 2% per annum, with the exact interest rate to be fixed in
the ordinance authorizing the issuance and sale of the local improvement bonds for
Local Improvement District No 354 The first installment of assessments on the
assessment roll shall become due and payable during the 30-day period succeeding the
date one year after the date of first publication by the Finance Division Director of
notice that the assessment roll is in her hands for collection and annually thereafter each
succeeding installment shall become due and payable in like manner If the whole or
any portion of the assessment remains unpaid after the first 30-day period, interest upon
the whole unpaid sum shall be charged at the rate as determined above, and each year
thereafter one of the installments of principal together with interest due on the unpaid
balance, shall be collected Any installment not paid prior to expiration of the 30-day
period during which such installment is due and payable shall thereupon become
delinquent. Each delinquent installment shall be subject, at the time of delinquency, to
a charge of 9% penalty levied on both principal and interest due upon that installment,
and all delinquent installments also shall be charged interest at the rate as determined
above The collection of such delinquent installments shall be enforced in the manner
provided by law
SECTION 4. This ordinance shall take effect and be in force five (5)
i
days from and after its passage and five (5) days following its publication as required by
law
I
JIM WHITE, MAYOR
,ATTEST
BRENDA JACOBER, CITY CLERK
3 LID 354— Confirmation of
Final Assessment Roll
APPROVED AS TO FORM.
SPECIAL COUNSEL AND
BOND COUNSEL FOR THE CITY
PASSED day of 2002
APPROVED day of 2002
PUBLISHED day of 12002.
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
i
(SEAL)
BRENDA JACOBER, CITY CLERK
,I
II
I�
I
II,,I
4 LID 354— Confirmation of
Final Assessment Roll
CONSENT CALENDAR
6 City Council Action: /�
Councilmember��� Mb moves, Councilmember
seconds to approve Consent Calendar Items A through P. d
Ir
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of September 17, 2002.
6B Approval of Bills.
Approval of payment of the bills received through September 15, 2002 and paid on
September 16, 2002 after auditing by the Operations Committee on September 17, 2002.
Approval of checks issued for vouchers:
Date Check Numbers Amount
09/16/02 Wire Transfers 1256 1265 $1,156,267.26
09/16/02 PREPAYS & 538430 $442,134.07
09/16/02 Regular 539024 $1,757,521.46
$3,355,922.79
Approval of checks issued for Qayroll for August 16,2002 through August 31, 2002 and
paid on September 5, 2002
Date Check Numbers Amount
09/05/2002 Checks 262923 263248 $287,172.89
09/05/2002 Advices 134009 134768 $1,128,603.47
$1,145,776.36
Council Agenda
Item No. 6 A-B
KENT Kent, Washington
September 17, 2002
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor
White. Council members present: Epperly, Orr, Peterson, White, Woods and Yingling.
Others present: Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief
Crawford, Public Works Director Wickstrom, Community Development Director
Satterstrom, Parks, Recreation and Community Services Director Hodgson, Employee
Services Director Viseth, Information Technology Director Mulholland and Finance
Director Miller. Approximately 100 people were at the meeting.
CHANGES TO THE AGENDA
Council President Woods added Consent Calendar Item 6E. Continued
Communications Items 11A and 11B were added at the request of
audience members.
PUBLIC COMMUNICATIONS
Constitution Week. Mayor White read a proclamation noting that this date
marks the two-hundred-fifteenth anniversary of the framing of the Constitution
of the United States of American by the Constitutional Convention. He
proclaimed the week of September 17 through 23 as Constitution Week in the
City of Kent and urged citizens to protect the freedoms guaranteed through this
guardian of our liberties. The proclamation was presented to Elizabeth Walker of
the Lakota Chapter of the National Society Daughters of the American
Revolution, who explained the purpose of their celebration and expressed thanks
for the proclamation.
Geneva Obenchain Day. Mayor White noted that Geneva Obenchain was
hired by the City on September 1, 1962, and that she has since served in a
variety of positions. He said she is well known for her smile, positive attitude
and dedicated service to the citizens of Kent, and proclaimed September 27,
2002, as Geneva Obenchain Day. He then encouraged all residents to join him
in thanking Geneva for her 40 years of service to the City, and presented her
with the proclamation, a plaque and a pin. Finance Director Miller commended
Geneva for her calm and professional demeanor over the years.
CONSENT CALENDAR
WOODS MOVED to approve Consent Calendar Items A through E. Orr
seconded and the motion carried.
MINUTES
(CONSENT CALENDAR ITEM 6A) (CFN-198)
Minutes of Previous Meeting. Approval of the minutes of the regular Council
. meeting of September 3, 2002.
Kent City Council Minutes September 17, 2002
Page Two
HEALTH & SANITATION
(CONSENT CALENDAR ITEM 6D)
Meadowbrook (aka Ludford Estates) Bill of Sale. Accept the bill of sale for
Meadowbrook submitted by Pacifiic Crest Enterprises for continuous operation
and maintenance of 237 feet of water main, 608 feet of sanitary sewers, 199
feet of street improvements and 373 feet of storm sewers, as recommended by
the Public Works Director. Bonds are to be released after the maintenance
period. This project is located at 255"' and 122nd Place SE.
STREETS
(PUBLIC HEARINGS ITEM 5C)
Temperance Street Vacation. Resolution No. 1625 established this date for
the public hearing on the application by Don Wickstrom, Kent Public Works
Director, to vacate a portion of Temperance Street, between 4"' and 2nd Avenues
North. Staff recommends approval without conditions.
Charlene Anderson, Planning Manager, gave an overview of the street vacation,
noting that it is an interior site for the Kent Station project. Mayor White opened
the public hearing. There were no comments from the audience and WOODS
MOVED to close the public hearing. Orr seconded and the motion carried.
WOODS MOVED to approve the staffs recommendation of approval of the
application to vacate a portion of Temperance Street, as referenced in Resolution
No. 1625, and to direct the City Attorney to prepare the necessary ordinance.
(PUBLIC HEARINGS ITEM 5D)
LID 353, S. 228n' Street Corridor. This date has been set for the public
hearing on the formation of LID 353. Public Works Director Wickstrom explained
that the purpose of the hearing is to determine whether or not to proceed with
formation of the LID. He explained that within the LID more than 60% of the
assessments are via environmental mitigation agreements and that therefore the
final decision on whether the LID goes forward or not rests solely with the
Council.
Tim LaPorte, Design Engineering Manager, described the project and it's history,
outlined the benefits of the project, and explained the LID process and schedule.
Carol Storm, Project Analyst, explained the public process including meetings
which were held and notices which were mailed out. Wickstrom then displayed
the boundaries of the LID and explained the funding and method of payment.
Kent City Council Minutes September 17, 2002
Page Three
Upon Yingling's question, it was noted that those property owners who do not
have environmental mitigation agreements received notice of this hearing.
Mayor White opened the public hearing. Tom O'Connell, retired Post Master of
Kent, said Drainage District No. 2 would not be enhanced by this project and that
the assessment is unfair. The City Attorney reiterated that this hearing is to
determine whether or not to form the LID and that there will be a hearing
regarding the assessment amounts at a later date. Albert Lee, 23955 58 Court
South, questioned why Just a few property owners should pay for other people to
use the road, and added that he feels extending expired environmental
mitigation agreements is unfair.
Stacy Long, 23112 59"' Place South, asked that the Council keep the community
involved and expressed concern about the noise from traffic. Tim Cash,
representing Cisco Food Services, 22820 54m Avenue South, said he feels that
not all of the specially benefited property owners have been included within the
proposed LID boundary, and that it should go down to Meeker Street. Brad
Corner stated that staff has been generous with time and effort to keep him
informed, that he has received notices and that he is in favor of formation of the
LID. Wendy Werner, 23108 50"' Avenue South, stated that many homeowners
did not attend the informal meeting because of confusion as to the time. She
said people have many questions about trees and the noise wall, and would like
clarification. Ann Huckins, 23927 56"' Court South, asked about the method of
payment and said the traffic mitigation would help businesses, not residents.
Hugh Harkins, 4224 S. 216"' Place, said the project is no improvement to the
residents, will diminish the rural atmosphere, and benefits developers. Fred
Thebert, 12315 Munday Loss Road, Buckley, who owns property in the project
area, questioned why a public hearing is held when only one person is in favor of
the project. He said he is opposed to formation, as it does no good. Thom
Youngblood, 23907 67"' Place South, representing the Village at James Street
Homeowners Association, stated that the agreements were made between the
City of Kent and developers, not between the City and the property owners. Ted
Koaita, 2527 Reith Road, said the City plans meetings in a way to divide people,
and there is nothing they can do. Steve Kane, 23212 54"' Avenue South, asked
whether mitigation factors such as the noise wall, lights, and traffic control
should be finalized before determining the assessment amount. Lois Nelson,
23518 54u' Avenue South, said she feels insecure and worried about what will
happen in the future. Joe Heltzel, 5109 S. 232nd Street, President of the Cypress
Cove Homeowners Association, said they are opposed to the project and
questioned what would happen if the Council votes not to form the LID. Michelle
Kent City Council Minutes September 17, 2002
Page Four
Hanson, 5827 S. 231st, said she was not aware that the City was looking for
numbers and that she needs advance notice in order to attend meetings, and
that the fact that someone is not physically at the meeting does not mean they
support or do not support the project. Chris Jensen, 21419 114t' Place SE,
owner of a small business on S. 228"', asked whether the economic impact has
been considered, noting that he feels the assessment is too high. Doug Gesler,
8707 S. 258"' Place, spoke in favor of the LID, noting that there is a big traffic
problem in the area. Debra Laudadio, resident of the James Street
Condominiums, 6611 S. 238"' Place #J107, urged people to read their home
owners information and said that deals are made with contractors. Ted Kogita,
speaking for property owner Pete Lopez, said his property is being taken away
and yet he is being assessed for the road. Lopez questioned why long time
residents are being assessed, and asked if everyone is being assessed the same
amount. Brigitte Borgette, representing Mr. Diaz's brother-in-law and sister-in-
law, asked the Council to consider the property owners who will be affected.
She noted that many are elderly and on fixed incomes, and that this process is
intimidating and overwhelming for them.
There were no further comments from the audience and WOODS MOVED to
close the public hearing. Orr seconded and the motion carried.
Staff then addressed the speaker's questions, as well as questions from Council
members. ORR MOVED to approve the formation of a Local Improvement
District, LID 353, for the construction of the So. 2281h Street Corridor project,
including related improvements and to direct the City Attorney to draft the
necessary ordinance for the October 1st City Council meeting. Woods seconded.
Orr noted that in the past, assessments have been changed if information not
available at the beginning of the process is found. She urged property owners in
this situation to attend the public hearing regarding the final assessment roll.
She said the City is committed to working with the residents to be sure the noise
wall is built in the most effective way possible, and that the City's process has
been very open and public for well over fifteen years. Her motion then carried.
(BIDS ITEM 8A)
S. 196"' Street Corridor Landscaping Improvement. The bid opening was
held on September 9"' with five bids received. The low bid as submitted by D. L.
Asahara Co., Inc., in the amount of $70,782.00, The Engineer's estimate was
$77,834.00. The Public Works Director recommends awarding this contract to
Kent City Council Minutes September 17, 2002
Page Five
D. L. Asahara Co., Inc. WOODS SO MOVED. Peterson seconded and the motion
carried.
PLANNING
(OTHER BUSINESS ITEM 7B)
Mobile Home Relocation Assistance. On August 19, 2002, the Land Use and
Planning Board unanimously recommended adoption of an ordinance relating to
mobile home park closures and tenant relocation. The ordinance would require
mobile home park owners to submit a relocation assistance plan for certification
and approval by the Housing & Human Services Manager prior to receiving any
other approval decision.
Bill Osborne of Planning Services outlined the history of this issue, provided
information on requirements in nearby cities, and explained the requirements in
the proposed ordinance. He noted for Yingling that the owner would receive a
Certificate of Completion in approximately 7-10 days.
ORR MOVED to approve the Land Use & Planning Board's recommendation of
approval of the Mobile Home Park Closure and Tenant Relocation Assistance
Ordinance No. 3614. Upon Epperly's question, Martin explained that this work
must be completed prior to the eviction notice, and that there is a statutory one-
year timeline. Woods seconded and the motion carried. WOODS MOVED to
make a letter from Doug Hobkirk a part of the record. Orr seconded and the
motion carried.
(OTHER BUSINESS ITEM 7A)
Secure Community Transition Facilities - Zoning Code Amendment ZCA-
2002-1. In 2002, the State Legislature passed a bill which requires cities to
provide for the siting of Secure Community Transition Facilities by September 1,
2002. If the City takes no action to provide sites for these facilities, the
legislation provides DSHS the right to preempt the City's existing land use code
and, if it so elects, site the facility in any appropriate location in Kent. On July
22, 2002, the Land Use & Planning Board recommended no change to existing
Kent City Code regulations relating to the siting of secure community transition
facilities. The Public Safety Committee considered the issue on September 16,
2002.
Charlene Anderson, Planning Manager, explained that the LUPB recommendation
means that an application received today would be classified as a Class 3 Group
Kent City Council Minutes September 17, 2002
Page Six
Home and would be able to locate in most commercial and office districts. She
added that two sites would meet the criteria, both of which are on the north side
of the city. Anderson referred to letters from the Department of Corrections and
the Department of Social and Health Services, among others, which indicate that
the number of sites is probably not adequate and that the 1000' buffer would be
more restrictive. She explained that this means there is a possibility for state
preemption of local regulations. She pointed out that the Planning staff
recommends the GWC zone, and noted that the ordinance in the packet reflects
that recommendation. Anderson then pointed out four very minor changes from
what the Land Use and Planning Board had previously reviewed, and noted that
these are in an amended version of the ordinance.
Regarding the proposed change from a maximum of 18 residents to a maximum
of 3 residents, Anderson noted that it is not economically feasible for the state to
operate a 3-bed facility. She noted that there may be a limited appeal process if
the state decides to preempt. Upon Peterson's question, Brubaker explained the
appeal process, noting that it is definitely a risk. He noted that the language in
the ordinance distributed at committee yesterday is middle ground language and
might discourage agencies from attempting to locate in Kent because of the
pitfalls the ordinance poses as opposed to siting in another city which has chosen
to do nothing or has chosen a framework that gives them sites to look at. He
added that by setting a three bed maximum unless other facilities are created
elsewhere in the county, that the agencies may preempt, and that there are no
good answers to this question for anyone. Martin clarified that the action from
the Public Safety Committee was to accept the recommendation creating a
framework where a couple of sites may be available, with the additional
language having to do with a 3-bed maximum, and said staff feels that is a
reasonable risk. Upon Peterson's question, it was clarified that the intent is for
three offender residents, and Brubaker suggested adding the words "excluding
resident staff'.
WOODS MOVED to approve the staff recommendation passed out of the Public
Safety Committee on September 16, with the language provided on page four of
the handout with the changes expressed by Council member Peterson, the City
Attorney and the Planning Manager (Ordinance 3615). Orr seconded. Woods
reiterated that there is no solution which will be agreeable and that the
consequences will have to be considered when they come up. Orr stated that
fulfilling the minimum requirements is the best way to deal with this situation.
The motion then carried.
Kent City Council Minutes September 17, 2002
Page Seven
PARKS, RECREATION AND COMMUNITY SERVICES
(CONSENT CALENDAR ITEM 6C)
East Hill Youth Sports Complex Budget Transfer. Approval to transfer
$50,000 from the Youth/Teen Capital account and amend the East Hill Youth
Sports Complex budget to purchase athletic equipment. The grant funds are for
soccer goals, bases, bleachers, speakers and other equipment for the sports
complex.
(OTHER BUSINESS ITEM C)
2002 King County Arts Commission Sustained Support Grant. The King
County Arts Commission has awarded the Kent Arts Commission a Sustained
Support Grant in the amount of $12,000.00 for the first year of 2002-2003 grant
cycle. Funds will support programs such as Kent Kid's Arts Day, Kent Summer
Concert Series and Spotlight Series performances. Ronda Billerbeck, Cultural
Programs Manager, explained that the funding comes from hotel-motel taxes and
supplements the Parks Department's ability to provide arts and cultural
programming for the citizens of Kent.
WOODS MOVED to accept the $12,000 grant from the King County Arts
Commission 2002 Sustained Support Program and amend the Kent Arts
Commission's budget accordingly, as recommended by the Parks Committee.
Epperly seconded. White objected to taking this money. He said it is a matter of
priorities and that the arts are a lower priority than public safety or human
services, where the money could be better spent. Woods suggested that White
lobby the State legislature, and encouraged the Kent Arts Commission to
continue to apply for grant funding. Peterson and Yingling expressed agreement
with Woods. The motion then carried with White opposed.
FINANCE
(PUBLIC HEARING ITEM 5A)
2003 Budget - First Hearing. This is the first public hearing on the 2003
budget. The second hearing is scheduled for November 19, 2002, at the regular
Council meeting. Mayor White opened the public hearing. Upon questions from
Sandy Amodt, 22623 141't Avenue SE, the Mayor noted that the purpose of this
hearing is to receive input, the budget book will be presented at the Council
workshop on November 5, and a second public hearing will be held after that
date. There were no further comments from the audience and WOODS MOVED
to close the public hearing. Orr seconded and the motion carried.
Kent City Council Minutes September 17, 2002
Page Eight
(PUBLIC HEARING ITEM 5B)
2003-2008 Capital Improvement Plan. This is the first public hearing on
the 2003-2008 Capital Improvement Plan. The Plan includes all capital
expenditures for the next six years, as described in the Comprehensive Plan.
The second public hearing is scheduled for November 19.
Mayor White opened the public hearing. There were no comments from the
audience and WOODS MOVED to close the public hearing. Orr seconded and the
motion carried.
(CONSENT CALENDAR ITEM 6B)
Payment of Bills. Approval of payment of the bills received through August 30,
2002 and paid on August 30, 2002 after auditing by the Operations Committee
on September 3, 2002.
Aroroval of checks issued for vouchers:
Date Check Numbers Amount
8/30/02 Wire Transfers 1245 1255 $1,075,462.62
08/30/02 Prepays 537865 $1,354,493.88
08/30/02 & Regulars 538429 $2,368,140.59
$4,798,097.09
COUNCIL
(CONSENT CALENDAR ITEM 6E - ADDED BY COUNCIL PRESIDENT WOODS)
Excused Absence. Approval of an excused absence from tonight's meeting for
Council member Clark, who was unable to attend.
REPORTS
Planning Committee. Orr noted that the next meeting will be held at 3:00
p.m. on October 15"'.
Administrative Reports. Martin noted that there would be an executive
session of approximately twenty minutes, that five items relating to labor
negotiations and property acquisition would be discussed, and that action is
anticipated on two of the items.
Kent City Council Minutes September 17, 2002
Page Nine
CONTINUED COMMUNICATIONS
(ADDED ITEM 11A)
Riverbend Golf Course. Robert O'Brien. 1131 Seattle Street, said he had
requested a profit and loss statement, and that it shows a net profit
of 24.7%. He said 12.7% of the total number of golf rounds were
complimentary, and asked whether the golf pros who are working now for PGM
are in conflict with policy.
Ted Kooita thanked Council member Woods for opening the doors which were
closed to citizens when Parks Director Hodgson cancelled all meetings regarding
the retail golf store. He said that during a meeting with City accountants, it was
noted that a profit and loss statement is not a requirement, but that he had
requested a profit and loss statement and still has not received it. Mayor White
explained that Mr. Kogita and Mr. O'Brien would get the same reports that the
State of Washington and the auditor get. He added for Kogita that the amount
of staff time taken up by his inquiries cost taxpayers thousands of dollars.
. Parks Director Hodgson noted that golf course staff have spent a great deal of
time with Mr. Kogita, and that Mr. Kogita and Mr. O'Brien have repeatedly shown
up unexpectedly. He said they cannot expect to walk in and get their questions
addressed, and that it is affecting the employees' ability to get business taken
care of. He said that if they want a meeting, they should call first. He noted for
Mr. O'Brien that the state mandated auditing requirements have always been
followed, and that Mr. O'Brien had been told he would receive a profit and loss
statement as it is reported monthly, whether that is how he wants it done or not.
He added that the golf course has been scrutinized by the state auditor more
than any other element of city government. Hodgson explained the staffing
situation at the pro shop, and why the City is not getting short-changed by
providing complimentary rounds of golf. He stated that the golf course is one of
the best in the state, but that some people in the community cannot see that.
Mayor White said that when those individuals show up unannounced, they
should be sent away, and that enough of the taxpayers money has been spent.
Yingling stated that John Hodgson runs the best Parks Department in the state, if
not the nation, is one of the best Parks Directors around, and is one of the most
honest people he knows. Orr agreed and said it is wrong that Mr. Hodgson must
repeatedly defend himself.
Kent City Council Minutes September 17, 2002 •
Page Ten
EXECUTIVE SESSION
The meeting recessed to Executive Session at 9:55 p.m. and reconvened at
10:18 p.m. The following action on Labor Negotiations and Property Acquisition
was then taken.
LABOR NEGOTIATIONS
Kent Police Officers Association - Captains and Lieutenants Collective
Bargaining Agreement. EPPERLY MOVED that Council authorize the Mayor to
sign a three-year collective bargaining agreement with the Kent Police Officers
Association, Captains and Lieutenants Unit, effective January 1, 2003 to
December 31, 2005, subject to approval as to form by the City Attorney's Office.
Peterson seconded and the motion carried.
PROPERTY ACQUISITION
Mead Property. WOODS MOVED to accept the Mead Property donation, and to
authorize the Mayor to execute any and all documents necessary to close the
land transaction upon review by the City Attorney, and to appropriate closing
costs from the Park Land Acquisition account. Peterson seconded and the
motion carried.
Clasen Property. WOODS MOVED to authorize the Mayor to enter into a
Purchase and Sale Agreement for an amount not to exceed $62,500 for the
Clasen Property, and to authorize the Mayor to execute any and all documents
necessary to close the purchase upon review by the City Attorney, and to
appropriate $62,500 plus feasibility and closing costs from the Park Land/Clasen
Property Acquisition accounts. Peterson seconded and the motion carried.
ADJOURNMENT
At 10:20 p.m., WOODS MOVED to adjourn. Peterson seconded and the motion
carried.
�j a_Lo--lirti
Brenda Jacober, CMN
City Clerk
Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: INDEPENDENT SALARY COMMISSION ORDINANCE - ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. , establishing an
independent salary commmssion to annually review and establish the salaries of City elected
officials
Currently, the City Council sets the salaries of the Councilmembers, the Mayor, and the
Municipal Court Judges. The state Legislature recently passed HB 1084, which expressly
authorizes cities to create independent salary commissions to set elected officials' salaries.
The action fixing the salary by the commission supercedes any other state statute,
provision, or city ordinance related to either municipal budgets or to fixing salaries. It is
more appropriate to have a separate, independent commission, rather than the City Council
itself, establish the salaries of these elected officials. Once established, the commission
would set the salaries for all elected officials.
3. EXHIBITS: Ordinance and Memorandum from City Attorney
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc )
5 UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YE5
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION.
ACTION.
Council Agenda
Item No. 6C
LAW DEPARTMENT
. Tom Brubaker, City Attorney
Phone 253-856-5770
Fax 253-856-6770
KEN T Address 220 Fourth Avenue S
WA5MINGTON
Kent,WA 98032-5895
Memorandum
DATE September 18, 2002
TO- City Councilmembers
THROUGH Jim White, Mayor
FROM Tom Brubaker, City Attorney /rul�
CC Mike Martin, Chief Administrative Officer
Sue Viseth, Employee Services Director
RE Establishment of Independent Salary Commission
Until recently, state law has prohibited councilmembers from adjusting their salaries
during their current term in office The mayor's salary, which could be raised or lowered at
anytime, was set by council through the budget process Council also sets the salaries for
municipal judges, the only other city elected officials, through the budget process In 2001,
however, the state Legislature provided for the creation of an independent salary commission
within each city or town that, once created, would have the authority to set salaries for all elected
officials
Included within this packet is a draft ordinance establishing an independent salary
commission for the City of Kent This would be an independent body of three (3) neutral
commissioners that would have the authority to fully replace council's role and authority for
setting salaries for itself and all other elected officials in the City of Kent
Under this proposed ordinance, the commission would be comprised of three (3)
members They are to meet at their earliest convenience in order to review and amend various
salaries, as they deem necessary, in time for the 2003 budget cycle As required under the new
law, salary increases could take effect immediately upon the commission's filing of a salary
schedule with the city clerk, salary decreases can only take effect at the end of the affected
elected official's term under this new law
After they have completed their review and have made those adjustments they deem
necessary, the commissioners will present an amended salary schedule to the city clerk, who will
then publish the revised salary schedule two (2) times in a local paper The second publication
date is the official filing date of the salary schedule and it takes effect at that time (Although the
salary schedule becomes effective on its official filing date, nothing prohibits the commissioners
Memorandum
City Councilmembers
September 18, 2002
Page 2
from establishing, within that schedule, a later date for the actual increase to begin For example,
the official filing date for the amended schedule in 2002 could be November 28, 2002, but the
schedule could, nevertheless, establish that the salary increases will not take effect until January
1, 2003 )
After the initial salary schedule is established, the commission must meet at least once a
year prior to September 15`h in any given year Their meetings are subject to the Open Public
Meetings Act, however, the commissioners are not required to hold a public hearing on any
proposed increases or decreases to elected officials' salaries Once officially filed, any adopted
salary schedule is subject to the referendum procedures provided by law. In order to bring a
referendum on a filed salary schedule, a referendum petition containing valid signatures of at
least 15% of the total number of registered voters within the City must be filed within thirty (30)
days of the filing date If a valid petition is filed, the referendum will occur at the next possible
election date, whether special or general
If you have any questions or comments about this memorandum, please do not hesitate to
contact me
0
ROUSE BILL 1084
Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001 Regular Session
By Representatives Ogden, Dunn, Boldt and Fromhold
Read first time 0111612001 . Referred to Committee on Local Government
& Housing.
1 AN ACT Relating to independent commissions to set salaries for city
2 and town elected officials, and county commissioners and
3 councilmembers; amending RCW 35 22 .200 and 36.17. 020; adding a new
4 section to chapter 35 21 RCW; adding a new section to chapter 36.17
5 RCW; and creating a new section.
6 HE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 NEW SECTION. Sec. 1. The legislature hereby finds and declares
8 that;
9 (1) Article XXX, section 1 of the state Constitution permits
10 midterm salary increases for municipal officers who do not fix their
it own compensation;
12 (2) The Washington citizens' commission on salaries for elected
13 officials established pursuant to Article XXVIII, section 1 of the
14 state Constitution with voter approval has assured that the
15 compensation for state and county elected officials will be fair and
6 certain, while minimizing the dangers of midterm salary increases being
used to influence those officers in the performance of their duties,
P. 1 HE 1084 SL
1 (3) The same public benefits of independent salary commissions
2 should be extended to the setting of compensation of municipal elected
3 officers; and
4 (4) This act is intended to clarify the intent of the legislature
5 that existing state law authorizes :
6 (a) The establishment of independent salary commissions to set the
7 salaries of city or town elected officials, county commissioners, and
8 county councilmembers, and
9 (b) The authority of the voters of such cities, towns, and counties
10 to review commission decisions to increase or decrease such salaries by
11 means of referendum.
12 Sec. 2. RCW 35 22 .200 and 1965 ex.s. c 47 s 13 are each amended to
13 read as follows:
14 The legislative powers of a charter city shall be vested in a mayor
15 and a city council, to consist of such number of members and to have
16 such powers as may be provided for in its charter. The charter may
17 provide for direct legislation by the people through the initiative and
18 referendum upon any matter within the scope of the powers, functions,
19 or duties of the city. The mayor and council and such other elective
20 officers as may be provided for in such charter shall be elected at
21 such times and in such manner as provided in Title 29 RCW, and for such
22 terms and shall perform such duties ( (___ receive _____ _ __pens____ -) )
23 as may be prescribed in the charter, and shall receive compensation in
24 accordance with the process or standards of a charter provision or
25 ordinance which conforms with section 4 of this act .
26 Sec. 3. RCW 36 .17. 020 and 1994 sp.s. c 4 s 1 are each amended to
27 read as follows:
28 The county legislative authority of each county or a county
29 commissioner or councilmember salary commission which conforms with
30 section 5 of this act is authorized to establish the salaries of the
31 elected officials of the county. One-half of the salary of each
32 prosecuting attorney shall be paid by the state. The annual salary of
33 a county elected official shall not be less than the following:
34 (1) In each county with a population of one million or more:
35 Auditor, clerk, treasurer, sheriff, members of the county legislative
36 authority, and coroner, eighteen thousand dollars, assessor, nineteen
HB 1084 .SL
I thousand dollars; and prosecuting attorney, thirty thousand three
2 hundred dollars;
3 (2) In each county with a population of from two hundred ten
4 thousand to less than one million: Auditor, seventeen thousand six
5 hundred dollars; clerk, seventeen thousand six hundred dollars;
6 treasurer, seventeen thousand six hundred dollars, sheriff, nineteen
7 thousand five hundred dollars, assessor, seventeen thousand six hundred
8 dollars, prosecuting attorney, twenty-four thousand eight hundred
9 dollars; members of the county legislative authority, nineteen thousand
10 five hundred dollars; and coroner, seventeen thousand six hundred
11 dollars,
12 (3) In each county with a population of from one hundred twenty-
13 five thousand to less than two hundred ten thousand: Auditor, sixteen
14 thousand dollars; clerk, sixteen thousand dollars; treasurer, sixteen
15 thousand dollars, sheriff, seventeen thousand six hundred dollars,
16 assessor, sixteen thousand dollars; prosecuting attorney, twenty-four
17 thousand eight hundred dollars; members of the county legislative
18 authority, seventeen thousand six hundred dollars; and coroner, sixteen
169 thousand dollars;
�0 (4) In each county with a population of from seventy thousand to
21 less than one hundred twenty-five thousand: Auditor, fourteen thousand
22 nine hundred dollars; clerk, fourteen thousand nine hundred dollars,
23 treasurer, fourteen thousand nine hundred dollars; assessor, fourteen
24 thousand nine hundred dollars; sheriff, fourteen thousand nine hundred
25 dollars, prosecuting attorney, twenty-three thousand seven hundred
26 dollars; members of the county legislative authority, fourteen thousand
27 nine hundred dollars; and coroner, fourteen thousand nine hundred
28 dollars;
29 (5) In each county with a population of from forty thousand to less
30 than seventy thousand: Auditor, thirteen thousand eight hundred
31 dollars, clerk, thirteen thousand eight hundred dollars; treasurer,
32 thirteen thousand eight hundred dollars, assessor, thirteen thousand
33 eight hundred dollars; sheriff, thirteen thousand eight hundred
34 dollars, prosecuting attorney, twenty-three thousand seven hundred
35 dollars, members of the county legislative authority, thirteen thousand
*6 eight hundred dollars; and coroner, thirteen thousand eight hundred
dollars,
38 (6) In each county with a population of from eighteen thousand to
39 less than forty thousand: Auditor, twelve thousand one hundred
p. 3 HB 1084 SL
1 dollars; clerk, twelve thousand one hundred dollars; treasurer, twelve
2 thousand one hundred dollars; sheriff, twelve thousand one hundred
3 dollars; assessor, twelve thousand one hundred dollars; prosecuting
4 attorney in such a county in which there is no state university or
5 college, fourteen thousand three hundred dollars; in such a county in
6 which there is a state university or college, sixteen thousand five
7 hundred dollars; and members of the county legislative authority,
8 eleven thousand dollars;
9 (7) In each county with a population of from twelve thousand to
10 less than eighteen thousand: Auditor, ten thousand one hundred
11 dollars; clerk, ten thousand one hundred dollars; treasurer, ten
12 thousand one hundred dollars; assessor, ten thousand one hundred
13 dollars; sheriff, eleven thousand two hundred dollars; prosecuting
14 attorney, thirteen thousand two hundred dollars; and members of the
15 county legislative authority, nine thousand four hundred dollars;
16 (8) In each county with a population of from eight thousand to less
17 than twelve thousand: Auditor, ten thousand one hundred dollars,
18 clerk, ten thousand one hundred dollars; treasurer, ten thousand one
19 hundred dollars; assessor, ten thousand one hundred dollars; sheriff,
20 eleven thousand two hundred dollars; prosecuting attorney, nine
21 thousand nine hundred dollars; and members of the county legislative
22 authority, seven thousand dollars;
23 (9) In each county with a population of from five thousand to less
24 than eight thousand: Auditor, nine thousand one hundred dollars;
25 clerk, nine thousand one hundred dollars; treasurer, nine thousand one
26 hundred dollars; assessor, nine thousand one hundred dollars; sheriff,
27 ten thousand five hundred dollars; prosecuting attorney, nine thousand
28 nine hundred dollars; and members of the county legislative authority,
29 six thousand five hundred dollars;
30 (10) In each other county: Auditor, nine thousand one hundred
31 dollars; clerk, nine thousand one hundred dollars; treasurer, nine
32 thousand one hundred dollars; sheriff, ten thousand five hundred
33 dollars; assessor, nine thousand one hundred dollars; prosecuting
34 attorney, nine thousand nine hundred dollars; and members of the county
35 legislative authority, six thousand five hundred dollars .
36 NEW SECTION. Sec. 4 . A new section is added to chapter 35.21 RCW
37 to read as follows :
HB 1084 .SL n 4
1 (1) Salaries for elected officials of towns and cities may be set
2 by salary commissions established in accordance with city charter or by
3 ordinance and in conformity with this section.
4 (2) The members of such commissions shall be appointed in
5 accordance with the provisions of a city charter, or as specified in
6 this subsection:
7 (a) Shall be appointed by the mayor with approval of the city
8 council;
9 (b) May not be appointed to more than two terms;
10 (c) May only be removed during their terms of office for cause of
11 incapacity, incompetence, neglect of duty, or malfeasance in office or
12 for a disqualifying change of residence, and
13 (d) May not include any officer, official, or employee of the city
14 or town or any of their immediate family members. "Immediate family
15 member" as used in this subsection means the parents, spouse, siblings,
16 children, or dependent relatives of the officer, official, or employee,
17 whether or not living in the household of the officer, official, or
18 employee .
9 (3) Any change in salary shall be filed by the commission with the
L0 city clerk and shall become effective and incorporated into the city or
21 town budget without further action of the city council or salary
22 commission.
23 (4) Salary increases established by the commission shall be
24 effective as to all city or town elected officials, regardless of their
25 terms of office.
26 (5) Salary decreases established by the commission shall become
27 effective as to incumbent city or town elected officials at the
26 commencement of their next subsequent terms of office.
29 (6) Salary increases and decreases shall be subject to referendum
30 petition by the people of the town or city in the same manner as a city
31 ordinance upon filing of such petition with the city clerk within
32 thirty days after filing of the salary schedule. In the event of the
33 filing of a valid referendum petition, the salary increase or decrease
34 shall not go into effect until approved by vote of the people.
35 (7) Referendum measures under this section shall be submitted to
V6 the voters of the city or town at the next following general or
municipal election occurring thirty days or more after the petition 15
3B filed, and shall be otherwise governed by the provisions of the state
P. 5 RB 1084.SL
1 Constitution, or city charter, or laws generally applicable to
2 referendum measures.
3 (8) The action fixing the salary by a commission established in
4 conformity with this section shall supersede any other provision of
5 state statute or city or town ordinance related to municipal budgets or
6 to the fixing of salaries .
7 (9) Salaries for mayors and councilmembers established under an
8 ordinance or charter provision in existence on the effective date of
9 this act that substantially complies with this section shall remain in
10 effect unless and until changed in accordance with such charter
11 provision or ordinance.
12 NEW SECTION. Sec. 5. A new section is added to chapter 36.17 RCW
13 to read as follows:
14 (1) Salaries for county commissioners and councilmembers may be set
15 by county commissioner and councilmember salary commissions established
16 by ordinance or resolution of the county legislative authority and in
17 conformity with this section.
18 (2) Commissions established under subsection (1) of this section
19 shall be known as the (Insert name of county) county citizens'
20 commission on salaries for elected officials . Each commission shall
21 consist of ten members appointed by the county commissioner or
22 executive with the approval of the county legislative authority, or by
23 a ma3crity vote of the county legislative authority if there is no
24 single county commissioner or executive, as provided in this section.
25 (a) Six of the ten commission members shall be selected by lot by
26 the county auditor from among those registered voters eligible to vote
27 at the time persons are selected for appointment to full terms on the
28 commission under (c) of this subsection In noncharter counties, the
29 county auditor shall select two commission members living in each
30 commissioner's district. The county auditor shall establish policies
31 and procedures for conducting the selection by lot . The policies and
32 procedures shall include, but not be limited to, those for notifying
33 persons selected and for providing a new selection from a
34 commissioner's district if a person selected from the district declines
35 appointment to the commission or if, following the person' s
36 appointment, the person' s position on the commission becomes vacant
37 before the end of the person' s term of office.
HB 1084 _ SL n F
1 (b) The remaining four of the ten commission members must be
2 residents of the county and shall be appointed by the county
3 commissioner or executive with approval of the county legislative
4 authority, or by a majority vote of the county legislative authority if
5 there is no single county commissioner or executive. The persons
6 selected under this subsection shall have had experience in the field
7 of personnel management. of these four members, one shall be selected
8 from each of the following four sectors in the county: Business,
9 professional personnel management, legal profession, and organized
10 labor.
11 (c) If there is a single county commissioner or executive, the
12 county auditor shall forward the names of persons selected under (a) of
13 this subsection to the county commissioner or executive who shall
14 appoint these persons to the commission.
15 (d) No person may be appointed to more than two terms. No member
16 of the commission may be removed by the county commissioner or
17 executive, or county legislative authority if there is no single county
�8 commissioner or executive, during his or her term of office unless for
9 cause of incapacity, incompetence, neglect of duty, or malfeasance in
10 office, or for a disqualifying change of residence.
21 (e) The members of the commission may not include any officer,
22 official, or employee of the county or any of their immediate family
23 members . "Immediate family member" as used in this subsection means
24 the parents, spouse, siblings, children, or dependent relatives of the
25 officer, official, or employee, whether or not living in the household
26 of the officer, official, or employee .
27 (f) Upon a vacancy in any position on the commission, a successor
28 shall be selected and appointed to fill the unexpired term. The
29 selection and appointment shall be concluded within thirty days of the
30 date the position becomes vacant and shall be conducted in the same
31 manner as for the original appointment.
32 (3) Any change in salary shall be filed by the commission with the
33 county auditor and shall become effective and incorporated into the
34 county budget without further action of the county legislative
35 authority or salary commission.
1036 (4) Salary increases established by the commission shall be
r effective as to county commissioners and all members of the county
38 legislative authority, regardless of their terms of office.
p• 7 HB 1084.SL
1 (5) Salary decreases established by the commission shall become
2 effective as to incumbent county commissioners and councilmembers at
3 the commencement of their next subsequent terms of office .
4 (6) Salary increases and decreases shall be subject to referendum
5 petition by the people of the county in the same manner as a county
6 ordinance upon filing of such petition with the county auditor within
7 thirty days after filing of the salary schedule. In the event of the
8 filing of a valid referendum petition, the salary increase or decrease
9 shall not go into effect until approved by vote of the people.
10 (7) Referendum measures under this section shall be submitted to
11 the voters of the county at the next following general or municipal
12 election occurring thirty days or more after the petition is filed, and
13 shall be otherwise governed by the provisions of the state Constitution
14 and laws generally applicable to referendum measures.
15 (8) The action fixing the salary of a county commissioner or
16 councilmember by a commission established in conformity with this
17 section shall supersede any other provision of state statute or county
18 ordinance related to municipal budgets or to the fixing of salaries of
19 county commissioners and councilmembers .
20 (9) Salaries for county commissioners and councilmembers
21 established under an ordinance or resolution of the county legislative
22 authority in existence on the effective date of this act that
23 substantially complies with this section shall remain in effect unless
24 and until changed in accordance with such charter provision or
25 ordinance.
26 NEW SECTION. Sec. 6. If any provision of this act or its
27 application to any person or circumstance is held invalid, the
28 remainder of the act or the application of the provision to other
29 persons or circumstances is not affected.
Passed the House March 13 , 2001 .
Passed the Senate April 6, 2001.
Approved by the Governor April 19, 2001.
Filed 1n Office of Secretary of State April 19, 2001.
HB 1084 _ST, - o
i
i
i
ORDINANCE NO.
AN ORDINANCE of the City Council of the
Cityof Kent, Washington, amending chapters 2 01,
2 02, and 2 34 of the Kent City Code relating to the
salaries of the Mayor, Councilmembers, and municipal
court ludge(s), and adding a new chapter 2 58, entitled
"Independent Salary Commission," establishing the
commission to review, establish, annually set,
increase, or decrease the salaries of City elected
officials
WHEREAS, under state law, the Council currently sets the salaries of
the councrlmembers, the Mayor, and the municipal court judges, and
WHEREAS, the state Legislature recently passed HB 1084 which
expressly authorizes cities, towns and counties to create independent salary
commissions to set elected officials' salaries, and
WHEREAS, as authorized by subsection 8 of section 4 of HB 1084,
;the action fixing the salary by the commission supercedes any other state statute,
provision, or City ordinance related to either municipal budgets or to the fixing of
salaries, and
I�
1 Salary Commission - Creation
WHEREAS, it is more appropriate to have a separate, independent
commission, rather than the City Council itself, establish the salaries of these elected
officials, and
it
III WHEREAS, it is appropriate to establish an Independent Salary
Commission to set the salaries of the City's elected officials, which currently include
the Mayor, the City councilmembers, and the municipal court judges, NOW
THEREFORE,
I�
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. — Amendment The following chapter, chapter 2 58,
entitled"Independent Salary Commission," shall be added to the Kent City Code
CHAPTER 2.58. INDEPENDENT SALARY COMMISSION .
Sec. 2.58.010. Establishment and purpose. There is hereby established an
independent salary commission The purpose of the commission is to annually
establish and review the salaries of all City of Kent elected officials, currently the
Mayor, the City councilmembers, and the municipal court judges The provisions of
this chapter shall apply to any City official whose position becomes an elected
position after the effective date of this chapter
See. 2.58.020. Responsibilities. The commission shall have the following
responsibilities
I'A Except as provided in this section, the commission shall be solely responsible
� for its own organization, operation, and action and shall enjoy the fullest cooperation
'of all City officials, officers, departments, and employees
'B The members of the commission shall annually elect a chairperson from
among its members
2 Salary Commission - Creation
C The commission shall study the relationship of salaries to the duties of the
Mayor, City councilmembers, and municipal court judges and shall establish a salary
by either increasing or decreasing the existing salary for each positron by an
affirmative vote of not less than a majority of the commission
D The commission will use its best efforts to file its initial schedule of salaries
for the positrons of Mayor, City councilmembers, and municipal court judges with
the city clerk no later than April 1, 2003 After that date, the commission will review
and, if it so determines, amend and file its salary schedules not later than the third
Tuesday in November of each year to coincide with the City's annual budget cycle
The commission's initial schedule of salaries will have an effective date no sooner
than January 1, 2003.
E The commission will submit each salary schedule to the city clerk, who will
publish the complete schedule two (2) times, each publication at least one (1) week
apart The second publication date will be the official filing date The schedule will
become effective thirty (30) days after this date The salary schedule will be subject
to referendum petition in the same manner as a City ordinance, if a valid referendum
petition is filed within thirty(30) days of the salary schedule's official filing date
F The signature of the chairperson of the commission shall be affixed on each
schedule submitted to the city clerk
G All meetings, actions, hearings and business of the commission shall be 1
subject to the Open Public Meetings Act set forth in ch 42 30 RCW
A The commission's established or amended salary schedule will become
effective in the amounts, at the times, and under the conditions established in the
schedule Once filed, the City will incorporate the schedule into the City budget
(without further action by the City Council or the commission
I Salary increases established by the commission shall be effective as to all
City elected officials, regardless of their terms of office Salary decreases
established by the commission shall become effective as to the incumbent City
!elected officials at the commencement of the incumbent's next subsequent term of
office
3 Salary Commission - Creation
J Existing salaries for the Mayor, City councilmembers, and municipal court
judges established by City ordinance and/or City budget will remain in effect unless
and until changed in accordance with the provisions of this chapter
K The terms and conditions of the commission's adopted salary schedule will
remain in effect until amended under the terms and conditions of a new salary
schedule filed in accordance with this chapter
Sec. 2.58.030. Salary schedule- Referendum petition.
A The commission's adopted salary schedule will be subject to referendum in
' the same manner as a City ordinance As required bylaw, a referendum petition on
the commission's ordinance must be filed with the city clerk within thirty (30) days
from the salary schedule's official filing date If a valid referendum petition is filed,
the salary increase or decrease will not go into effect unless approved at the
referendum electron
B The City will submit referendum measures under this section to the voters at
the next following general or municipal election occurring thirty (30) or more days
after the petition is filed Referendum measures will be otherwise governed by the
provisions of the state Constitution or other laws generally applicable to referendum
measures
See. 2.58.040. Composition of the commission. The salary commission
shall consist of three (3) members The Mayor will appoint the commissioners and
the City Council will confirm the appointment in accordance with the provisions of
this chapter The commission members shall serve as City volunteers without
compensation, except for reasonable reimbursement for their expenses in accordance
with state law and City ordinance
See. 2.58.050. Terms of appointment.
!A Each member appointed and confirmed to the salary commission shall be a
,resident of the City of Kent or shall have appropriate background, skills, experience,
i
and an appropriate knowledge of the community to serve on the commission and to
4 Salary Commission - Creation
,perform the duties of commissioner Members shall serve 3-year terms, except for
the first three (3) members appointed to the commission, who shall serve staggered
i terms as follows
1 One (1)member will serve a one (1) year term,
2 One (1)member will serve a two (2) year term, and
3 One (1)member will serve a three (3) year term
,However, no member may be appointed to more than two (2) terms of office on the
commission, whether or not those terms are held consecutively The commissioners
''will annually elect the commission's chairperson
B No City officer, official, employee, or immediately family member of any
City officer, official or employee may serve on the commission. As used in this
section, "immediate family member" means parents, spouse, siblings, children or
dependent relative of the officer, official or employee, whether or not living in the
household of the officer, official or employee
C No commissioner will be removed during his or her term of office unless for
cause of incapacity, incompetence, neglect of duty or malfeasance in office, or for a
disqualifying change of residence
Sec. 2.58.060. Staffing. The Mayor shall appoint staff as he or she deems
appropriate to assist the commission in its daily operation All City officers,
officials, and employees will assist the commission in all proper ways to carry out
the provisions of this chapter The commission will have access to all City books,
papers, documents and accounts applying or in any way concerning the salaries of
elected officials and the salary commission The commission shall operate in
j accordance with its duly adopted rules and regulations
Sec. 2.58.070. Meetings. The commission shall meet at least two (2) times
prior to November 8, 2002 Thereafter, the commission shall meet at least once a
year to consider whether or not to review and/or adjust existing salaries This annual
i
meeting will occur no later than September 15 in any given year If necessary, the
5 Salary COmmiSNIOR - Creation
commission will also meet upon any other call by the chair, the Mayor, or by
majority vote of the City Council
See. 2.58.080. Attendance and vacancies. At any meeting of the
commission, the commission may recommend to the Mayor removal of any member
who misses two (2) consecutive meetings without being excused by the commission
upon an affirmative vote of a majority of the commission in attendance at any
i
commission meeting Upon a vacancy in any commission position, the Mayor will
appoint, subject to Council confirmation, a successor to fill the unexpired term
SECTION 2. — Amendment Chapter 2.01 of the Kent City Code,
entitled"City Council," is hereby amended to read as follows
CHAPTER 2.01. CITY COUNCIL
Sec. 2.01.010. Compensation of councilmembers.
A. This subsection is subject to the provisions of RCW 35A 12 070 Each City
Councilmember shall be paid a salary of five hundred fifty dollars ($550) per month
Effective January 1, 2000, each City Councilmember shall be paid a salary of eight
hundred fifty dollars ($850) per month Effective January 1, 2001, each City
Councilmember shall be paid a salary of nine hundred dollars ($900) per month
Effective January 1, 2002, each City Councilmember shall be paid a salary of nine
hundred fifty dollars ($950) per month Effective January 1, 2003, each City
Councilmember shall be paid a salary of one thousand dollars ($1,000) per month
The duly elected president of the City Council shall be paid an additional salary of
one hundred fifty dollars ($150) per month in addition to the regular Councilmember
salary
IB If the City's independent salary commission establishes a salary schedule for
the City Council, those salaries will take effect at the times, in the amounts, and
under the conditions established in the schedule, as provided by law and by ch 2 58
It
KCC and will replace the salaries set forth in subsection 2 01 010(A)
6 Salary Commission - Creation
I'13C Each Councilmember may receive medical insurance coverage benefits for
himself or herself as is provided to full time employees of the City Additionally,
each Councilmember may, at his or her expense, elect to obtain medical insurance
coverage benefits for his or her family as is provided pursuant to City policy
Sec. 2.01.020. City Council meetings. The regular and other meetings of
the City Council shall be held in the Council chambers at the City hall unless
otherwise designated by majority of the City Council at a regular or special meeting
i The regular meetings shall be held on the first and thud Tuesday of each month
„except that during the month of December of each year, there shall be only one (1)
regular Council meeting to be held on the second Tuesday of said month Special
meetings shall be held as provided by law at such times as may be designated
Regular meetings shall convene at 7:00 p m If any such day of a regular meeting is a
legal holiday, the meeting shall be held on the next business day at the same hour
Sec. 2.01.030. Term limits for councilmembers. No person may serve on
the City Council, whether by election or by appointment, consecutive terms which
exceed twelve (12) years Terms previously served or terms currently being served on
the effective date of this provision shall not be counted as part of the term limits `
established herein
SECTION 3. — Amendment. Chapter 2 02 of the Kent City Code,
entitled"Mayor," is hereby amended to read as follows
CHAPTER 2.02. MAYOR
See. 2.02.010. Compensation.
A Beginning January 1, 1998, the base salary of the Mayor of the City shall be
eighty thousand dollars ($80,000) per year, this compensation reflecting the fact that
the position of the Mayor is a full-time position The Mayer shall n0t be epAitled to
,any eest f living allo • e ("GO ^"` In addition to the base salary, the Mayor
��,shall be entitled to receive all benefits associated with full-time employment with the
City, as established by City policy for this position These benefits may be adjusted
7 Salary Commission - Creation
from time to time, on a City-wide basis, in accordance with City policy However,
adjustments increasing benefits beyond those provided to full-time employees and
any increases in salary shall be by ordinance pursuant to RCW 35A 12 070
B If the City's independent salary commission establishes a salary schedule for
the Mayor, that salary will take effect at the time, in the amount and under the
conditions established by the commission, as provided by law and by ch 2 58 KCC
and will replace the salary set forth in subsection 2 02 010(A)
Sec. 2.02.020. Term limits for Mayor. No person may serve as Mayor,
whether by electron or by appointment, consecutive terms which exceed twelve (12)
years Terms previously served or terms currently being served on the effective date
of this provision shall not be counted as part of the term limits established herein
SECTION 4. —Amendment Section 2 34 050 of the Kent City Code,
entitled"Salanes-Costs," is hereby amended to read as follows
Sec. 2.34.050. Salaries— Costs.
A The salary of the municipal judge shall be fixed by ordinance upon the
adoption of the City's annual budget If serving on a part time basis, he or she shall
be compensated hourly All costs of operation of the municipal court, including but
not limited to salaries of judges and court employees, dockets, books of records,
forms, furnishings and supplies shall be paid wholly out of the funds of the City
Jurors shall be paid a fee of fifteen dollars ($15) per day and mileage allowance
pursuant to RCW 43 03 060 The City shall provide a suitable place for holding court
and pay all expenses of maintaining it
B If the City's independent salary commission establishes a salary schedule for
the municipal judges, those salaries will take effect at the time, in the amounts, and
under the conditions established by the commission, as provided by law and by ch
�'2 58 KCC and will replace the salary set forth in subsection 2 34 02 050(A)
SECTION 5. — Severabihty If any one or more sections,
subsections, or sentences of this ordinance are held to be unconstitutional or invalid,
8 Salary Commission - Creation
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 6. - Effective Date This Ordinance shall take effect and be
in force thirty (30) days from and after its passage as provided by law
I
JIM WHITE, MAYOR
ATTEST.
I'I
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
PASSED day of 12002
APPROVED day of 12002
PUBLISHED day of 2002
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 CG vih\ dmancc Sala Commrss ion Enabhsh Doc
9 Salary Commission - Creat
ion
Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: PUBLIC WORKS & IMPROVEMENT PROJECTS ORDINANCE -
ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. , amending section
3.70.050 of the Kent City Code to raise the minimum bid amount requiring Council
authorization for public works contracts from $35,000 to $50,000.
The State Legislature revised certain First Class City public works bid requirements by
raising the maximum cost for allowing a First Class City's own staff to make public works
improvement from $35,000 to $50,000. Traditionally, the City Council has paralleled this
standard by requiring Council authorization only for public works contracts that exceed
this contract amount. This proposed ordinance revises the Kent City Code to align with
these bidding standards.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION:
Council Agenda
Item No. 6D
I
ORDINANCE NO.
I�
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending section 3 70 050 of the
Kent City Code, entitled "Authorization by City Council
required," raising the minimum bid amount requiring
Council authorization for public works contracts only from
$35,000 to $50,000
WHEREAS, by the passage of HB 2527, which became effective on
June 13, 2002, the Legislature revised the bidding requirements applicable to First
Class Cities for public works projects, and
WHEREAS, HB 2527 raised the maximum amount for allowing a First
Class City's own staff to make public works improvements from $35,000 to $50,000,
and
�I
WHEREAS, traditionally, the City Council has paralleled this standard
by requiring Council authorization only for public works contracts that exceed this
(contract amount, and
WHEREAS, it is appropriate to increase the minimum public works
1�contract amount for Council authorization to $50,000 to be in alignment with these
bidding standards, NOW THEREFORE,
1 Council Authorization —
Public Works & Improvement Projects
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. — Amendment Section 3 70 050 of the Kent City Code,
entitled"Authorization by City Council required," is hereby amended as follows
li
Sec. 3.70.050. Authorization by City Council required. Any contract
twenty-five thousand dollars ($25,000) or more (t fifty thousand dollars
($35,-NG 50,000) or more for public works and improvement contracts), intended for
;the purchase, lease or rental of supplies, material equipment or services, must be in
writing and authorized by the City Council before becoming effective and binding
upon the City When the Council has specifically considered and approved a particular
program or matter in which the amount of the contract and the contracting parties have
''been identified, such as awards of bids, funding of certain programs, authorization to
purchase or to negotiate for the purpose of a particular item or service, or other similar
program or matter, such consideration shall constitute Council authorization for the
purpose of this section
SECTION 2. — Severabihty If any one or more section, subsections, or
'sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect
SECTION 3. - Effective Date This ordinance shall take effect and be
in force thirty (30) days from and after its passage as provided by law
i
JIM WHITE, MAYOR
I'
2 Council Authorization — •
Public Works & Improvement Projects
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
II,
TOM BRUBAKER, CITY ATTORNEY
i
PASSED day of 2002
I�
''APPROVED day of 2002
PUBLISHED day of 2002
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
I
(SEAL)
BRENDA JACOBER, CITY CLERK
I
Cilgdu¢IWMOM1luwvirlaulAuOM+tic
3 Council Authorization —
Public Works & Improvement Projects
Page I
WEST'S REVISED CODE OF WASHINGTON ANNOTATED
TITLE 35A. OPTIONAL MUNICIPAL CODE
CHAPTER 35A.40. FISCAL PROVISIONS APPLICABLE TO CODE CITIES
Copr.® West Group 2002 All rights reserved.
Current through Chapter 3 of 2002 Regular Session
35A 40210 Public work contracts or purchases—Procedures
Procedures for any public work or improvement contracts or purchases for code cities shall be governed by the
following statutes,as indicated
(I)For code cities of twenty thousand population or over, RC W 35 22 620,and
(2)For code cities under twenty thousand population;RC W 35 23 352
Copr 0 West 2002 No Claim to Ong U S Govt Works
ROUSE BILL 2527
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002 Regular Session
By Representatives Sullivan, Dunshee, Edwards, DeBolt, Reardon, Kirby,
Cooper, Crouse, Mielke, Miloscia, Chase and Wood
Read first time O1/21/2002 . Referred to Committee on Local Government
Housing.
AN ACT Relating to revising certain day labor limits to account for
2 inflation; and amending RCW 35.22 620 and 35 .23 . 352
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 35.22 .620 and 2000 c 138 s 203 are each amended to
5 read as follows :
6 (1) As used in this section, the term "public works" means as
7 defined in RCW 39 . 04. 010.
e (2) A first class city may have public works performed by contract
9 pursuant to public notice and call for competitive bids . As limited by
10 subsection (3) of this section, a first class city may have public
11 works performed by city employees in any annual or biennial budget
12 period equal to a dollar value not exceeding ten percent of the public
13 works construction budget, including any amount in a supplemental
14 public works construction budget, over the budget period The amount
15 of public works that a first class city has a county perform for it
under RCW 35 . 77 . 020 shall be included within this ten percent
limitation
18 If a first class city has public works performed by public
19 employees in any budget period that are in excess of this ten percent
p 1 HR 2597 ST.
I limitation, the amount in excess of the permitted amount shall be
2 reduced from the otherwise permitted amount of public works that may be
3 performed by public employees for that city in its next budget period.
4 Twenty percent of the motor vehicle fuel tax distributions to that city
5 shall be withheld if two years after the year in which the excess
6 amount of work occurred, the city has failed to so reduce the amount of
7 public works that it has performed by public employees. The amount so
8 withheld shall be distributed to the city when it has demonstrated in
9 its reports to the state auditor that the amount of public works it has
10 performed by public employees has been so reduced.
11 Whenever a first class city has had public works performed in any
12 budget period up to the maximum permitted amount for that budget
13 period, all remaining public works within that budget period shall be
14 done by contract pursuant to public notice and call for competitive
15 bids .
16 The state auditor shall report to the state treasurer any first
17 class city that exceeds this amount and the extent to which the city
18 has or has not reduced the amount of public works it has performed by
9 public employees in subsequent years.
20 (3 ) In addition to the percentage limitation provided in subsection
21 (2) of this section, a first class city with a population in excess of
22 one hundred fifty thousand shall not have public employees perform a
23 public works project in excess of ( (€tfty) ) sevent thousand dollars.
24 or ninety thousand dollars after January 1. 2010, if more than a single
25 craft or trade is involved with the public works project, or a public
26 works project in excess of ( (eve) ) thirty-five thousand
27 dollars or forty-five thousand dollars after January 1 2010 if only
28 a single craft or trade is involved with the public works project or
29 the public works project is street signalization or street lighting.
30 I, addition to the percentage limitation provided in subsection (2) of
31 this section, a first class city with a population of one hundred fifty
32 thousand or less shall not have public employees perform a public works
33 project in excess of ( (thirty fvve) ) fifty thousand dollars. or sixty-
34 five thousand dollars after January 1 2010 if more than one craft or
35 trade is involved with the public works project, or a public works
36 project in excess of ( (twenty) ) t i t thousand dollars. or forty
thousand dollars after January 1 2010 .. if only a single craft or trade
38 is involved with the public works project or the public works project
39 is street signalization or street lighting. A public works project
HB 2527 . SL p 2
I means a complete project The restrictions in this subsection do not
2 permit the division of the project into units of work or classes of
3 work to avoid the restriction on work. that may be performed by day
4 labor on a single project.
5 (4) In addition to the accounting and record-keeping requirements
6 contained in RCW 39. 04 . 070, every first class city annually shall
7 prepare a report for the state auditor indicating the total public
8 works construction budget and supplemental public works construction
9 budget for that year, the total construction costs of public works
10 performed by public employees for that year, and the amount of public
11 works that is performed by public employees above or below ten percent
12 of the total construction budget. However, if a city budgets on a
13 biennial basis, this annual report shall indicate the amount of public
14 works that is performed by public employees within the current biennial
15 period that is above or below ten percent of the total biennial
16 construction budget .
17 Each first class city with a population of one hundred fifty
18 thousand or less shall use the form required by RCW 43 . 09.205 to
0 account and record costs of public works in excess of five thousand
20 dollars that are not let by contract.
21 (5) The cost of a separate public works project shall be the costs
22 of materials, supplies, equipment, and labor on the construction of
23 that project. The value of the public works budget shall be the value
24 of all the separate public works projects within the budget .
25 (6) The competitive bidding requirements of this section may be
26 waived by the city legislative authority pursuant to RCW 39.04 .280 if
27 an exemption contained within that section applies to the work or
28 contract .
29 (7) In lieu of the procedures of subsections (2) and (6) of this
30 section, a first class city may let contracts using the small works
31 roster process in RCW 39 . 04 . 155 .
32 Whenever possible, the city shall invite at least one proposal from
33 a minority or woman contractor who shall otherwise qualify under this
34 section
35 (8) The allocation of public works projects to be performed by city
employees shall not be subject to a collective bargaining agreement.
(9) This section does not apply to performance-based contracts, as
38 defined in RCW 39.35A 020 ( ({3}) ) (4) , that are negotiated under chapter
39 39 . 35A RCW.
1 (10) Nothing in this section shall prohibit any first class city
2 from allowing for preferential purchase of products made from recycled
3 materials or products that may be recycled or reused.
4 Sec. 2. RCW 35.23 .352 and 2000 c 138 s 204 are each amended to
5 read as follows:
6 (1) Any second class city or any town may construct any public
7 works, as defined 1n RCW 39. 04.010, by contract or day labor without
8 calling for bids therefor whenever the estimated cost of the work or
9 improvement, including cost of materials, supplies and equipment will
10 not exceed the sum of ( (th�rty) ) forty-five thousand dollars. or sixty
11 thousand dollars after January 1. 2010 , if more than one craft or trade
12 is involved with the public works, or ( (twenty) ) thirty thousand
13 dollars , or forty thousand dollars after January 1. 2010 , if a single
14 craft or trade is involved with the public works or the public works
15 project is street signalization or street lighting. A public works
16 project means a complete project. The restrictions in this subsection
17 do not permit the division of the project into units of work or classes
8 of work to avoid the restriction on work that may be performed by day
19 labor on a single project
20 Whenever the cost of the public work or improvement, including
21 materials, supplies and equipment, will exceed these figures, the same
22 shall be done by contract. All such contracts shall be let at public
23 bidding upon publication of notice calling for sealed bids upon the
24 work. The notice shall be published in the official newspaper, or a
25 newspaper of general circulation most likely to bring responsive bids,
26 at least thirteen days prior to the last date upon which bids will be
27 received. The notice shall generally state the nature of the work to
28 be done that plans and specifications therefor shall then be on file in
29 the city or town hall for public inspections, and require that bids be
30 sealed and filed with the council or commission within the time
31 specified therein. Each bid shall be accompanied by a bid proposal
32 deposit in the form of a cashier' s check, postal money order, or surety
33 bond to the council or commission for a sum of not less than five
34 percent of the amount of the bid, and no bid shall be considered unless
35 accompanied by such bid proposal deposit The council or commission of
6 the city or town shall let the contract to the lowest responsible
37 bidder or shall have power by resolution to reject any or all bids and
38 to make further calls for bids in the same manner as the original call.
HB 2527 . SL p, 4
I When the contract is let then all bid proposal deposits shall be
2 returned to the bidders except that of the successful bidder which
3 shall be retained until a contract is entered into and a bond to
4 perform the work furnished, with surety satisfactory to the council or
5 commission, in accordance with RCW 39 . 08. 030. If the bidder fails to
6 enter into the contract in accordance with his or her bid and furnish
7 a bond within ten days from the date at which he or she is notified
8 that he or she is the successful bidder, the check or postal money
9 order and the amount thereof shall be forfeited to the council or
10 commission or the council or commission shall recover the amount of the
11 surety bond. A low bidder who claims error and fails to enter into a
12 contract is prohibited from bidding on the same project if a second or
13 subsequent call for bids is made for the project .
14 If no bid is received on the first call the council or commission
15 may readvertise and make a second call, or may enter into a contract
16 without any further call or may purchase the supplies, material or
17 equipment and perform the work or improvement by day labor.
18 (2) The allocation of public works projects to be performed by city
*9 or town employees shall not be subject to a collective bargaining
20 agreement.
21 (3) In lieu of the procedures of subsection (1) of this section, a
22 second class city or a town may let contracts using the small works
23 roster process provided in RCW 39 . 04 155
24 Whenever possible, the city or town shall invite at least one
25 proposal from a minority or woman contractor who shall otherwise
26 qualify under this section.
27 (4) The form required by RCW 43 .09 .205 shall be to account and
28 record costs of public works in excess of five thousand dollars that
29 are not let by contract
30 (5) The cost of a separate public works project shall be the costs
31 of the materials, equipment, supplies, and labor on that construction
32 project
33 (6) Any purchase of supplies, material, or equipment, except for
34 public work or improvement, where the cost thereof exceeds seven
35 thousand five hundred dollars shall be made upon call for bids.
(7) Bids shall be called annually and at a time and in the manner
46 prescribed by ordinance for the publication in a newspaper of general
38 circulation in the city or town of all notices or newspaper
D 5 T-TP 9C97 CT
I publications required by law. The contract shall be awarded to the
2 lowest responsible bidder.
3 (8) For advertisement and formal sealed bidding to be dispensed
4 with as to purchases with an estimated value of fifteen thousand
5 dollars or less, the council or commission must authorize by
6 resolution, use of the uniform procedure provided in RCW 39 04.190.
7 (9) The city or town legislative authority may waive the
6 competitive bidding requirements of this section pursuant to RCW
9 39 . 04 . 280 if an exemption contained within that section applies to the
10 purchase or public work.
11 (10) This section does not apply to performance-based contracts, as
12 defined in RCW 39. 35A. 020 ( (f3}) ) 191, that are negotiated under chapter
13 39 .35A RCW.
14 (11) Nothing in this section shall prohibit any second class city
15 or any town from allowing for preferential purchase of products made
16 from recycled materials or products that may be recycled or reused.
Passed the House February 15, 2002 ,
Passed the Senate March 7, 2002 .
Approved by the Governor March 22, 2002 .
Filed in Office of Secretary of State March 22 , 2002.
HB 2527 SL p, 6
Kent City Council Meeting
Date October 1. 2002
Category Consent Calendar
1. SUBJECT: U.S. BANK CONTRACT EXTENSION - AUTHORIZE
2. SUMMARY STATEMENT: Authorization to extend the current contract with U.S.
Bank another two years. After responding to the city's Request for Proposal (RFP) to
1997, U.S. Bank was awarded the contract to provide the City's banking and safekeeping
services. In September of that year, a five-year contract was signed with U.S. Bank. That
contract allowed for two-year extensions, upon mutual agreement by both parties The
pricing is negotiable at the time of each extension.
The initial five-year term of the contract expired on September 1, 2002. A meeting was
held with the city's government banking representative to discuss the pricing for a two-year
extension. With the exception of five items,the bank has agreed to leave the pricing as is.
Effective January 1, 2003, the pricing change for those items will result in an increase of
slightly less than 1%, approximately $110 per month. Attached is a copy of the letter from
the U.S. Bank showing the areas of increase.
3 EXHIBITS: Memos from Finance Director and letter from U.S. Bank
4. RECOMMENDED BY: Operations Committee (3-0)
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
•
KENT
Wks NINGTON
DATE September 11,2002
FINANCE
May Miner TO Mayor White and City Council Members
Director 1^
Phone 253-856-5260 FROM May Miller ' ACLI.1 '�,��_ ^ ;,
Fax 253-856-6255
SUBJECT Two-Year Extension of US Bank Contract
220 Fourth Ave S
Kent,WA 98032-5895 Authorization is requested to extend the current contract with US Bank another
two years After responding to the city's Request for Proposal(RFP) in 1997,US
Bank was awarded the contract to provide the City's banking and safekeeping
services In September of that year, a five-year contract was signed with US Bank
That contract allowed for two-year extensions,upon mutual agreement by both
parties The pricing is negotiable at the time of each extension
The initial five-year term of the contract expired on September 1, 2002 A meeting
was held with the city's government banking representative to discuss the pricing
for a two-year extension With the exception of five items, the bank has agreed to
leave the pricing as is Effective January 1, 2003,the pricing change for those
items will result in an increase of slightly less than 1%,approximately $110 per
month Attached is a copy of the letter from the US Bank showing the areas of
increase
COUNCIL ACTION
Authorize the two-year extension of the City of Kent's contract with US Bank,
resulting in approximately a one-percent increase
[Mbank.
Government Banking
1420 Fifth Avenue
Post office Box 720 August 1,2002
Seattle.WA 98111-0720
Mayene Miller,Finance Director
City of Kent
220 4'h Ave. S.
Kent,WA. 98032
Dear May
Thank you for tiling the time to meet with me yesterday afternoon to go over the renewal of our contract to
provide banking services to the City of Kent.We will be most pleased to extend our contract for another two
years with the following changes to our mshng pricing showing on the account analysis as of the June 2002
monthly report:
Old Price New Pnce
Account Maintenance 600 Soo
Redeposit Returns .50 100
Paper Credits 20 .25
Pre-enc.Items Dep .025 035
Return Items 125 200
These changes will go into effect January 1, 2003 and will result in an increase of slightly less than 1 0% The
fees for all other services currently in place will remain as they are in the June 2002 analysts report The fees for
any services implemented in the future will be negotiated at that tine
As always, it is my most sincere pleasure to do business with the City of Kent both on a personal and
professional level.Pursuant to our conversation about the city staff account benefits,I will be contacting our local
U.S Bank Kern Branch Manager, Angel Diaz to do a presentation to the City on the barks Five Star Service
Guarantee, as well as our new Workplace Banking Program I will notify your office when we have some dates to
consider for this event
Thank you for banlang with U S Bank
Since el
L
Paull 1.WFfiffiik
Vice President
Government Barniing
206-3444443
cc Paul Berry
Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1 SUBJECT: KING COUNTY GREEN RIVER NATURAL RESOURCES AREA
LAGOON ISLAND REFORESTATION GRANT AGREEMENT—
ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization for the Mayor to sign the Green River Natural Resources Area Lagoon Island
Reforestation Grant Agreement, and direct staff to accept the grant funding ($10,000)
along with establishing a budget for same, and to spend said monies on the project.
3. EXHIBITS: Public Works Director Memorandum Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
• ACTION:
Council Agenda
Item No. 6F
—),1
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P.E Public Works Director
Phone 253-856-5500
KENT Fax 253-856-6500
wASHINGTON
Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date September 16, 2002
1
To- Pu is orks Committee
From Don ickstrom, Public Works Director
Regarding King County Department of Natural Resources and Parks
Green River Natural Resources Area Lagoon Island Reforestation Agreement
This agreement with King County Department of Natural Resources (KCDNR) will allow the City
of Kent to receive $10,000 in grant funding for a planting project at the Green River Natural
Resources Area (GRNRA) provided that we provide $38,000 worth of in-kind match (see "Exhibit
B Approved Budget' enclosed for further detail) In-kind match that the City will provide comes
from labor and supplies that we already expected to allocate to this project (though timing would
likely be put off if grant is not secured).
Most of this grant award ($8,750) would go towards contracted labor provided by the Washington
Conservation Corp administered by the Washington State Department of Ecology (the subject of
another motion brought before the Public Works Committee recently) Remaining grant funds will
pay for supplies necessary to plant and maintain plants This labor force will clear the island
planting area of weeds and grass, haul 5,000 native plants and necessary equipment in boats to their
proper location, build a functional irrigation system to maintain these plants, prepare the site for a
large volunteer planting event, and plant all remaining plants (after volunteer event) in their
respective locations
MOTION-
Recommend authorization for the Mayor to sign the grant agreement, direct staff to accept the grant
and establish a budget for the funds to be spent within said project
AGREEMENT
Between
CITY OF KENT 0
And
KING COUNTY
From August 15,2002, to November 30, 2002
This is an Agreement between the City of Kent,hereinafter the"RECIPIENT," and King County, a
political subdivision of the state of Washington,hereinafter the"COUNTY,"entered on August 15,2002
The purpose of this Agreement is to set forth the terms,conditions and the legal and administrative
relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed
project entitled Green River Natural Area Lagoon Island Reforestation hereinafter, the "PROJECT"
Section 1. BackEround and Recitals:
A Recipient description•
• Legal status of RECIPIENT: a local government
• State of incorporation. Washington
• Mission or purpose "To enhance the quality of community life for those residing,doing
business, and visiting in Kent. Kent CARES about honest and effective government service;
protection of life and property; and ensuring that the City provides professional services to
the citizens of Kent"
B Proposed project The City of Kent will replant a 4-acre island at the Green River Natural
Resources Area (GRNRA) in Kent,Washington. The GRNRA is a 300-acre wildlife refuge
designed to treat stormwater, control floodwaters,provide habitat for wildlife including coho
salmon and numerous species of waterfowl,and promote environmental education A landscape
master plan developed for the GRNRA directs that most of this island be planted in upland forest
and riparian vegetation The project will plant 5,000 native trees and shrubs and involve
volunteers in stewardship and educational activities
Planting large trees on the site will provide a variety of benefits including but not limited to,
increased shading of the surrounding open water habitat,habitat for insects that are the main prey
species of numerous fish species, habitat for raptor prey, and future replacements for existing
snags that are used as raptor hunting perches
C Recipient experience in carryzng out the PROJECT The RECIPIENT maintains that it is
qualified to carry out the proposed project The RECIPIENT has undertaken many habitat
restoration projects, valued at over$2 million to date
D. The COUNTY, through its Department of Natural Resources and Parks, administers funds
received under federal Public Law 106-393,Title III, the Secure Rural Schools and Community
Self-Determination Act of 2000. The COUNTY finds that the proposed activities are consistent
with the purposes of the funds it allocates under Title III The COUNTY will perform this
allocation under its existing Urban Forestry Program, which operates the Natural Resource
Stewardship Network for the enhancement of urban and community forests
Page 1 of 8
E. As determined by King County,this PROJECT will conserve and restore urban forest resources
and benefit King County residents
F The COUNTY plans and proposes to reimburse the RECIPIENT for the purpose described in
Subsection B above in an amount up to,but not exceeding $10.000 (The AWARD),provided that
the RECIPIENT also contributes to this PROJECT a cash and in-kind match valued at$30,000
for those costs allowed as "Match"inthe BUDGET(Exhibit B of this Agreement)and verified
according to the Terms and Conditions below The RECIPIENT maintains that none of the match
thus claimed consists of federal funds nor is it used as match for other federal funds
Section 2. Terms and Conditions:
A The PROJECT shall be in accordance with the Scope of Work attached hereto as Exhibit A with
such modifications as may be approved by the Manager of the Water and Land Resources
Division in the COUNTY's Department of Natural Resources and Parks
B The COUNTY will,upon execution of this Agreement, establish procedures to allow payment to
the RECIPIENT for all eligible expenses up to the limit of the AWARD.The disbursement
schedule is as follows
REQUEST DATE(S)AND AMOUNT(S)
December 15,2002
Other conditions governing payment to the RECIPIENT are•
• The RECIPIENT shall be responsible for making a request for payment on or about the dates
above and for the amounts corresponding to these dates. Each request shall be presented in
the format shown in Exhibit C of this Agreement(Reimbursement Request)and shall be
accompanied by documentation of all expenses and a report of the PROJECT progress to date
based on the Scope of Work(Exhibit A of this Agreement)
• Failure to submit the aforementioned request for payment and report on the PROJECT
progress within one month of the date(s)listed in REQUEST DATE(S)AND AMOUNT(S)
may be cause for the COUNTY to terminate this agreement for non-performance
• Costs eligible for payment shall include those costs identified in the Budget(Exhibit B of this
Agreement) and incurred during the effective dates of this Agreement.
• Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed
by November 30,2002.
• Final payment shall be made on condition that the RECIPIENT submits the following
documents no later than December 15,2002.
a A Final Report documenting the successful completion of the PROJECT according to
the Scope of Work(Exhibit A of this Agreement), and
Page 2 of 8
b. Accounting for all PROJECT costs including all cash and/or in-land match itemized
in the BUDGET(Exhibit B of this Agreement).
• Failure to provide the aforementioned documentation may result in the forfeiture of part or all
amounts due to the RECIPIENT.
• The RECIPIENT shall also return any money remaining from cash advances made by the
COUNTY no later than December 15, 2002.
C The RECIPIENT agrees to acknowledge King County, the Natural Resource Stewardship
Network(NRSN) and NRSN members who have materially contributed to the PROJECT in all
publications and signage that have been produced as part of the PROJECT described herein as
well as in press releases,public service announcements, on posters, flyers and in electronic
postings such as "home pages."The RECIPIENT will use the wording provided in Exhibit D of
this Agreement(Credit and Disclaimers for NRSN Funded Projects)
Section 3. dal and Administrative Relations:
A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to
generally accepted accounting principals and to meet the requirements of all applicable state and
federal laws.The RECIPIENT shall maintain and submit to the COUNTY any such records as the
COUNTY may require to conduct any audit of the PROJECT it may elect to conduct or to
substantiate expenditures submitted for payment to the COUNTY.The RECIPIENT shall
maintain and retain books and records related to the Agreement for at least three years after the
termination of said Agreement
B The COUNTY's financial assistance to the RECIPIENT shall be construed by the parties as a
special disbursement to the RECIPIENT to fund activities, as descnbed herein, that generally
benefit the COUNTY's efforts to protect water quality It shall not be construed as a contract for
services between the RECIPIENT and the COUNTY.
C. The RECIPIENT shall be solely responsible for the recruiting,training and supervision of its
employees and volunteers Individuals hired and paid by the RECIPIENT shall not, in any event,
be construed to be employees of, or contractors to, the COUNTY and the RECIPIENT shall
indemnify and hold harmless the COUNTY from any and all claims ansing from any contention
that said individuals are employees of,or contractors to,the COUNTY
D The RECIPIENT agrees to indemnify,defend and hold harmless the COUNTY,its agents,
officers, officials and employees from all claims,alleged liability, damages, suits, losses,costs to
or death of person or damage to property allegedly resulting from the operation of the
RECIPIENT or any of its employees under this Agreement
E Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or
assisting projects developed outside the purview of this Agreement, or entering into agreements
with other parties to undertake said projects in accordance with whatever terns and conditions
may be agreed to between the RECIPIENT and other parties
F The COUNTY shall be under no obligation to continue this Agreement and may request partial or
full reimbursement of payments it made to the RECIPIENT should the RECIPIENT fail to
perform according to the Terms and Conditions of this Agreement, whether or not failure to
Page 3 of 8
perform is within the RECIPIENT's control Such reasons may include,but are no limited to,
rejection of a permit application
G. This Agreement may be amended at any time by written concurrence of the parties and will
terminate upon fulfillment of all obligations contained herein.
H. This Agreement may be terminated by either party with a thirty day written notice The
RECIPIENT shall return any amount of the Award, including reimbursements and advances,for
which adequate documentation is lacking or which is not in accordance with the terns provided
in Section 2, Subsection B.
I This Agreement is approved as to form by the King County Prosecuting Attorney
J The parties have executed this Agreement as of the date first written above
CITY OF KENT by
KING COUNTY by.
For Ron Suns,King County Executive
Page 4 of 8
EXHIBIT A: SCOPE OF WORK
Outcomes Tasks that Will Complete Outcomes Dates Cost*
Site Preparation Weedwhack Island,Remove 3'rad sod 10/1- $2500
circles 10/11/02 (WCC)
$360(mat)
$1560 IH
Functional litigation Build irrigation system(tie into existing) 10/14- $1250
10/18/02 (WCC) $140
(mat)
$585
Plants Set-Out Set out plants on sod circles 10/21- $1250
10/25/02 (WCC)
$1560 111
Set-up for Vol, Event Set-up signs, shelters,boats,tools,etc 10/21- $500 (mat)
10/26/02 $530
Successful Vol Event Teach volunteers to plant, quality control 10/26/02 $250 (mat)
$480
Complete Planting Plant remaining plants,mulch 10/28- $2500
11/8/02 WCC
Site Maintenance Develop plan for maintaining site for 3 10/28— $210 (Ili)
years, maintenance(WCC year 1, IH year 11/1 $1250
2&3) '03,'04, (WCC)
`05 $3120 IH
Final Report Write final report, complete reimbursement 11/4— $280(IH)
request, send out thank-you/questionnaire 11/8/02
letter
*Abbreviation code: WCC =Washington Conservation Corp, IH=In-house labor,mat =material
costs
Page 5 of 8
EXHIBIT B: APPROVED BUDGET
A B C D
Description of Expense Grant Cash or $Value TOTAL
Award of In-Kind Match COST
+C
Personnel(Stall)
Site Manager(33 brs@$35.hr) $1,155 $1,155
Environmental Technician (170 $3,910 $3,910
hrs $23.hr
Intern(170 hrs@$10/hr) $1,700 $1,700
Temporary Maintenance Position $1,560 $1,560
130hr $12/1ir
Contract/Professional Services
WCC Labor(6-person crew with crew $8,750 $8,750
leader, 1680 brs $5 21/hr)**
Supplies&Equipment
Native Plants(2-gallon, 5,000 @$6) $30,000 $30,000
Boat Rental (for volunteer event and $750 $750
plant set-out)
Sod-cutter Rental (for removing 3' sod $360 $360
circles
Misc. Supplies $140 $140
TOTAL $10,000 $38,325 $48,325
**Total cost to City of Kent for WCC crew for 1-year is $65,000. A one-year commitment is
necessary to secure this crew and receive matching grant funding (full-cost of WCC crew for one
year is $130,000—Washington State Department of Ecology funds the other half) Tlus grant
will fund 7-weeks of WCC crew time. If we were unable to make a one-year commitment,our
cost per hour for this crew would be $10 42/person hour
Page 6 of 8
EXHIBIT C: REIMBURSEMENT REQUEST
Natural Resource Stewardship Network
Reimbursement Request
Grant Reoprent Request Number Date
Signature of Preparer Print Name
Final request for rennbursementY(Crrde one Yes No Balance of Grant Remaining
Requestf%Reimbursenumt (please place in the follorang ralegones)
Current
Request
A Personnel s (Affach Persarnel d Fringe Benefits Report,NRSN AB)
B Fringe Benefits S (Attach Pers unel&Fringe Bereltt8 Report,NRSN AB)
C Travel $ (Attach Travel Report,NRSN C)
D Project Supplies $ (Attach Project Supplies Report NRSN O)
E Contract/Professional SeNices $ (Attach Contractual Servrces Reporc NRSN E)
F Other $ (Attach Other Costs Report,NRSN F)
G Minus any Program Income S (Attach Program Income Report,NRSN G)
Total $ ATTACH PROGRESS REPORT
ALL RECEIPTS,PAY STUBS,ETC MUST BE ON-FILE AT YOUR OFFICE for at leash years after done at project.
Vmficahon ofMatdr.
Match Reported
Wl this Request
I Value of Staff Labor Hours $ (Attach Staff Labor Report NRSN 1)
II Value of VOlunteel Labor $ (Attach Volunteer labor Report,NSRN II)
III Value of Donated Materials and Supplies S (Adach Donaleo Materials Report NRSN fit)
IV Other Match Qnd rani,utilities,etc) $ (attach Other Match Report,NRSN lV)
Total Match. $
FoT Office Use O Ir.
KCUrb Forestry, Forest sarvwe WalvWbrks
Ongattd 42t483,W M347
A Authorization to Pa
B Purebil Order R
C
D ISISRecreVIS
E
F ate Paid
Ta161 0 O 1heckill,
Page 7 of 8
EXHIBIT D: CREDIT AND DISCLAIMERS FOR NRSN FUNDED PROJECTS
(Use this Logo Can be obtained from email or our Web site)
Include on the inside title cover of all bound documents or at the back of a brochure, at the end of
document or bottom right of an mt=retwe panel, a poster or a flyer the following credit.
The creation of this was made possible by a grant from the King
County Urban Forestry Program awarded through the Natural Resource
Stewardship Network.
Or
This project was made possible by the King County Urban Forestry Program with
funds awarded through the Natural Resource Stewardship Network.
For press releases,please mention the source of funding using the following wording
This project is funded in part by the King County Department of Natural
Resources and Parks and its Urban Forestry Program.
For items where opinions or advice or a list oforeanizations or businesses are included in the
introduction or in the body of the document(e g , an interpretive panel,a guidebook, or a directory) add
the disclaimer sentence
Funding for this manual does not constitute an endorsement of its content by
King County or any of the members of Natural Resource Stewardship Network.
Page 8 of 8
Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: STREET VACATION, THOMPSON STREET, RESOLUTION
SETTING PUBLIC HEARING DATE FOR NOVEMBER 5, 2002 —
ADOPT
2 SUMMARY STATEMENT: Passage of Resolution No._ setting the public hearing
on the Thompson Street vacation petition for November 5, 2002.
3. EXHIBITS: Public Works Director Memorandum Agreement, Vicinity Map, Petition,
Resolution
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION:
Council Agenda
Item No. 6G
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P E Public Works Director
Phone 253-956-5500
KENT Fax- 253-856-6500 11�
W.s...CTO.
Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date September 16, 2002
To: Pub Mlickstrom,
orks Committee
From- Don Public Works Director
Regarding- Street Vacation—Thompson Street
We have received a valid petition to vacate a portion of Thompson Street In accordance with state
law, a public hearing must be held The Public Works Department recommends adoption of a
resolution setting the public hearing date.
MOTION
Recommend Council adoption of a resolution setting a public hearing date of November 5th for the
street vacation located along a portion of Thompson Street
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RECEIVED
��� � � � �((_), SEP052002
UI] MENT
Sari y � PRC1KRrf�MW4GEMENT
GS a�j?
KENT CITYCITY CLERK
W a3 NINOTOM
MayorJamWhile KIVA#: REsy ao,�ad'/a
MAIL TO: A PPLICANT:
CITY OF KENT NAAIE•S7/11- A4.4.Ar'.4/Lfi/T r
Properly Management
220 S 4"Avenue ADVRFSS:1,2s &I.
Kent,Washington 98032
Alin Jerry McCaughan 9.St0yz-
PHONE: 7>33 SZx Y�77r
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council
We,the undersigned abutting property ownces,hereby respectfully request that certain
st-ez-ZT hereby be vacated
Legal Description of StiecUAlley Sought to be Vacated
(Must C'onnttainJTotal Square Feet of Area
Sought To
Be Vacated)
�� /4� i���+� l. wf/iV✓�G // h
0 BRIEEF ST\\ATEMLNT WHY VACATION IS BEING SOUGHT
A" URR•NT"title report must be submitted with this application
that covers all the abutting properties contiguous to alley or street
sought to be vacated When Corporations, Partnerships, etc are
being signed for, and then proof of individual's authonly to sign
for same shall also be submitted
Attach a color-coded map of a scale of not less than 1"=200' of the area sought for vacation.
(NOTE) Map must correspond with legal description
ABUTTING PROPERTY OWNERS TAX LOT 0
SIGNATURES AND ADDRESSES LOT,BLOCK Sr.PLAr1SECTOWN RG
,�Q" Y+a1f� uaG. f3GZa -cxn� L�f /C. �/z
S 150 00 Fee Paid Treasurer's Receipt No
Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid Treasurer's Receipt No
Deed Accepted Dale
Ti ado Accepted Dale
5 W.,mrly Mm.Svm,lVxtlmn Ann Jnc
@ � JC
SEp Q 5
CRY y OF CLZKEfJT
7RK
it -
� d
�r
DEPARTMENT OF PUBLIC WORKS
Date: .. -s"-C
TO: City Cleric
FROM: Jerry McCaugha }
RE: Street Vacation - t •1 Qi `
Regarding subject matter, please be advised that I have reviewed same and found
everything in order. Therefore I am filing the original application with you and at the
same time, by copy of this memo to the Public Works Director, the process should
begin.
CC. Don Wickstrom
Planning Manager
Attachment: Maps
n.�vt�
RESOLUTION NO.
A RESOLUTION of the City of Kent,
Washington, regarding the vacation of a portion of
Thompson Street lying within the plat of Meeker's
supplemental plat first addition, in volume 5, page 96,
lying south of the easterly production of the south line of
lot 15, block"A"produced to the east line of said street
and lying north of the north line of Harrison Street in
King County, Washington, and setting the public hearing
on the proposed street vacation for November 5, 2002
WHEREAS, a petition, attached as Attachment 1, has been filed by Still
Manor Kent, LLC , to vacate a portion of Thompson Street, a deeded street legally
described in Attachment 1, in King County,Washington, and
WHEREAS, the petition is signed by the owners of at least two-thirds of
the real property abutting that portion of Thompson Street to be vacated, and
WHEREAS, the petition is in all respects proper, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS.
SECTION 1. A public hearing on the street vacation petition requesting
the vacation of a portion of Thompson Street shall be held at a regular meeting of the
Kent City Council at 7 00 p in , Tuesday, November 5, 2002, in the Council Chambers
of City Hall located at 220 4th Avenue South, Kent, Washington, 98032
S1 Street Vacation—
Smith Street and Thompson Street
SECTION 2. The city clerk shall give proper notice of the hearing and
cause the notice to be posted as provided by state law, ch 35 79 RCW
SECTION 3. The planning manager shall obtain any other necessary
information from appropriate departments and shall transmit the information to the City
Council so that the City Council may consider the matter at its regularly scheduled
meeting on November 5, 2002.
PASSED at a regular meeting of the City Council of the City of Kent, Washington
this day of October, 2002
CONCURRED in by the Mayor of the City of Kent, this day of October,
2002
JIM WHITE, MAYOR
ATTEST•
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No
passed by the City Council of the City of Kent,Washington, on the
day of October, 2002
(SEAL)
BRENDA JACOBER, CITY CLERK
PCMAmImSryM'-un6W�rt4q W pw4
2 Street Vacation—
Smith Street and Thompson Street
SEP 0 51002
cnT aF NENT
5r1� (j 5 U PRQPERIY M4NgGErdENr
KEN� T cfn���Nr
hit MIY 010Y
1liayor Jun lVhilc KIVAH. /PESV e�Oc�eZ��o2
MAIL TO: APPLiCAN1.
CITY Or KEN P NAME'_:71G Mtt/��d.NLrtr[[L-
Property Management
220 S 4'Avenue ADDRESS:
Kent,Washington 99032
Alin, Jerry McCaughan A e„r,"?'m ; OoS z-
PIIONE� 7,53 5"6,r 'N75`
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City COnOetl
We, the undersigned abutting properly owncis, hereby respectfully request that certain
_S>OF=T hereby be vacated
Legal Description of Strect/Alley,Sought to be Vacated
(Must Contain Toolat Square peel of AAii-ea/Sought To Be Vacated)
./� �i 'LUww CX7z4
BRIEF STATEMENT WHY VACATION IS BEING SOUGIIT
A"CURREN "title report must be submitted with this application
that covets all the abutting propeibes conbguons to alley or street
sought to be vacated When Corporations, Partnerships, etc are
being signed for, and then proof of individual's authority to sign
for same shall also be submitted
Attach a color-coded map of a scale of not less than I"=200'of the area sought for vacation
(NOTE) Map must correspond with legal description
ABUTTING PROPERTY OWNERS 7 AX LOT H
SIGNATURES� f� , AND ADDRESSES LOT,BLOCK&PLA F/SEC TO WN RG
�-��+-�LQ �-F�-e-e- S-Y3G•ZC -cril.i Lit/C. �/�
Shc.�t./J ri/v
S 150 00 Fee Paid ['S Treasurer's Receipt No
Appraisal Fee Paid Treasurer's Receipt No
Land Value Paid Treasurer's Receipt No
Deed Accepted Dale
Trade Accepted Date
S V4.gxny Maoagm<m\Yxau.m A,,&o ATTACHMENT 1
sip 0 5 Lo�
CTM1yO ERK1ro
Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: SIX YEAR TRANSPORTATION IMPROVEMENT PLAN — SET
PUBLIC HEARING DATE FOR OCTOBER 15, 2002
2 SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorize setting October 150' as the Public Hearing date on the adoption for the Six Year
Transportation Improvement Program(2003-2008)
3 EXHIBITS: Public Works Director Memorandum
4. RECOMMENDED BY: Public Works Committee
• (Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS.
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
PUBLIC WORKS DEPARTMENT
Don E Wickstrom,P.E. Public Works Director
Phone 253-856-5500
K E N T Fax 253-856-6500
w• ~' a T Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date- September 16, 2002
To: Public Works Committee
From Don Wickstrom,Public Works Director
Regarding- Six-Year Transportation Improvement Plan(TIP)
Attached for your review is the Six-Year Transportation Improvement Plan(TIP) along with the
map indicating the project numbers associated therewith. Each year we are required to update the
Six-Year TIP, technically by July 1 st. This plan is just that, the update of last year's plan Our
intent is to present if to the Committee and answer any questions or make any changes the
Committee may have If there are no substantial changes, we recommend the Committee then send
it to Council to hold a public hearing thereon
MOTION
Recommend to full Council to set a Public Hearing on October 15th for the adoption of the Six-
Year Transportation Improvement Plan.
CITY OF KENT, WASHINGTON
SIX-YEAR TRANSPORTATION IMPROVEMENT
PROGRAM
2003 - 2008
4^4
K E N T
W A S H I N G T O N
Mayor Jim White
Don E. Wickstrom, P.E.
Director of Public Works
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Project Name
Number Project Location and Extent Page
1 132nd Avenue Southeast Widening 1
Southeast 245`h Street to Southeast 253d Street
2 SE 248th Street Improvements 2
Vicinity of 100 h Avenue South to Canyon Drive
3 James Street at Central Avenue 3
Intersection Improvement
4 Pacific Highway South (SR 99)HOV Lanes—North Phase 4
Kent-Des Moines Road (SR 516) to South 252"d Street
5 Pacific Highway South (SR 99) HOV Lanes —South Phase 5
South 252"d Street to South 272"d Street
6 132"d Avenue Southeast at Kent-Kangley Road (SR 516) 6
Intersection Improvement
7 Kent Station Infrastructure Improvements 7
Vicinity of 4th Avenue North and 2nd Avenue North Extension
8 4th Avenue and Smith Street 8
Intersection Improvement
9 Military Road at Reith Road 9
Intersection Improvement
10 South 277th Street Corridor - Phase II 10
SR 167 to Auburn Way North
11 South 228'h Street Corridor Project Phase I 11
Military Road to 54`h Avenue South
12 72"d Avenue South Extension 12
South 196h Street to South 200`h Street
i
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Project Name
Number Protect Location and Extent Page
13 South 2281h Street Extension Grade Separation Project 13
Grade Separation Crossings at Union Pacific Railroad
&Burlington Northern/Santa Fe Railroad
14 Interurban Trail Crossings Signal Interconnect with West Meeker 14
Street and East Smith Street Signal Systems
15 Bicycle and Pedestrian Improvements 15
Ongoing Citywide Program
16 Guardrail and Safety Improvements 16
Ongoing Citywide Program
17. Americans with Disabilities Act Compliance Sidewalk 17
Repair and Rehabilitation
Ongoing Citywide Program
18 Commuter/Sbopper Shuttle Bus Project 18
Ongoing Citywide Program
19 South 2121h Street Pavement Rehabilitation Project 19
Green River Bridge to West Valley Highway
20 South 212ih Street Grade Separation Project 20
Grade Separation Crossings at Union Pacific Railroad&
Burlington Northern/Santa Fe Railroad
21 84`h Avenue South Pavement Rehabilitation Project 21
South 212"' Street to SR 167
22 116ih Avenue Southeast Widening 22
Southeast 2561h Street to Kent-Kangley Road (SR 516)
23 Central Avenue Pavement Rehabilitation 23
Willis Street (SR 516) to the Green River Bridge
24, South 272nd Street Widening- Phase I 24
Military Road to 261h Avenue South
II
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Project Name
Number Project Location and Extent Page
25. Military Road Widening- Phase I 25
Reith Road to Kent-Des Moines Road(SR 516)
26 80th Avenue South Widening 26
South 196th Street to South 188th Street
27 South 272"d Street Widening- Phase II 27
2e Avenue South to Pacific Highway South (SR 99)
28. South 272"d Street Widening - Phase III 28
Military Road to Pacific Highway and 1--5 HOV Loop-Ramp
29 South 228`h Street Corridor Project Phase III 29
841h Avenue South to IOe Avenue Southeast (SR 515)
30 Willis Street (SR 516) Railroad Grade Separation Project 30
Grade Separation Crossings at Union Pacific Railroad &
Burlington Northern/Santa Fe Railroad
MAP OF THE PROJECTS 31
ni
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: 132"d Avenue Southeast Widening
Southeast 245ih Street to Southeast 253rd Street
DESCRIPTION: Widen 132"d Avenue Southeast to provide a three-lane roadway, including
two general-purpose travel lanes, a center left turn lane, paved shoulders,
storm drainage and appurtenances
PROJECT COST: Prehmmary Engineenng... . . .. ... $250,000
Right of Way Acquisition_ . . . . . 0
Construction .. . .....I . . . $1,000,000
TOTAL .......................................$1,250,000
FUNDING SOURCE (S): City of Kent, AIP, STP (U)
Funded
PROJECT
JUSTIFICATION: A consistent three-lane roadway section is required to provide safe
left turn access into the adjoining properties and smoother traffic flow
Improvements on 132"d Avenue (and closely related improvements on
248d' Street), will provide safe access for increased traffic and school age
pedestrians to/from the East Hill Youth Sports Complex and the Martin
Sortun Elementary School. Shoulder improvements will also provide
control of roadway drainage and prevent impacts to adjacent property
owners
STP—Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C) Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State),
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
1
i
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: SE 248th Street Improvements
Vicinity of 100th Avenue South to Canyon Drive (SR 516)
DESCRIPTION: This project will reconstruct and better align the 248" Street SE and 94`h
Avenue intersection Ninety-fourth Avenue South will be widened from
South 248th Street to Canyon Drive (SR 516) Turn pockets at the
intersections of 98th Avenue South and 100th Avenue South will be
constructed A aved walking shoulder will be constructed on the north
side of SE 248' Street between 94'h Avenue South and 100"' Avenue
South
PROJECT COST: Preliminary Engineering $70,000
Right of Way Acquisition . $80,000
Construction . . S650,000
TOTAL ..........................................$800,000
FUNDING SOURCE (S): City of Kent
Partially Funded
PROJECT
JUSTIFICATION: The realigned intersection of 94"' Avenue South and SE 248`' Street will
improve the major traffic movements at this intersection, providing better
connectivity with the East hill Turn lanes will be provided to
accommodate developments north of SE 248'' Street
STP—Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program[State],LID—Local Improvement District
2
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: James Street at Central Avenue
Intersection Improvement and Central Avenue Pavement Rehabilitation
DESCRIPTION: Widen the east approach of James Street at Central Avenue intersection to
provide an exclusive right tam lane for westbound traffic on James Street,
and construct a second south-bound to east-bound left turn pocket The
project will also modify the existing traffic signal and repave Central
Avenue between James Street and Smith Street The project will include
the construction of paving, concrete curbs, gutters and sidewalks, street
lighting, storm drainage facilities, utilities and appurtenances
PROJECT COST: Preliminary Engineering . .. .... $120,000
Right of Way Acquisition.... . $200,000
Construction . . .31,220,000
TOTAL .......................................$1,540,000
FUNDING SOURCE (S): AIP, City of Kent
Funded
PROJECT
JUSTIFICATION: This intersection is heavily impacted by traffic to/from the Kent East Hill.
The project will support improved access into the downtown area and the
increased traffic generated by the changes in land use in the downtown
area
STP— Surface Transportation Program [Federal], (U)Urban, (E) Enhancements, (C) Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TM—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
3
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: Pacific Highway South (SR 99) HOV Lanes—North Phase
Kent-Des Moines Road (SR 516) to South 252nd Street
DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy
Vehicle) lanes from the Kent-Des Moines Road (SR 516) to South 252nd
Street The project will also provide a seven foot wide concrete sidewalk
and modify existing traffic signal systems at the Kent-Des Moines Road,
South 240`h Street, and at South 252nd Street The project includes
landscaping, paving, concrete curbs, gutters, storm drainage systems,
utilities, and appurtenances
PROJECT COST: Preliminary Engineering. ... .. . $1,200,000
Right of Way Acquisition . .. $530,000
Construction . . . .$6,720,000
TOTAL .......................................$8,450,000
FUNDING SOURCE (S): STP (U&C), TIB AIP, City of Kent, WSDOT Funds
Funded
PROJECT
JUSTIFICATION: This project will reduce peak hour single-occupant vehicle trips by
encouraging high occupancy velucle usage Pacific Highway South
(SR 99) is a regionally significant north-south arterial heavily used by
commuters for access from South King County to the employment
centers in South Seattle, and provides alternative access to I-5 and Sea-
Tac airport
. STP— Surface Transportation Program [Federal], (I/) Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
4
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: Pacific Highway South (SR 99) HOV Lanes—South Phase
South 252"d Street to South 272nd Street
DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy
Velucle) lanes from South 252"d Street to South 272"d Street The project
will also provide a seven foot wide concrete sidewalk, and modify existing
traffic signals at the Fred Meyer Shopping Center, South 260ih Street, and
South 272"d Street The project will include construction of paving,
landscaping, storm drainage systems, concrete curbs, gutters, utilities, and
appurtenances.
PROJECT COST: Preliminary Engineering .. . . .. .$900,000
Right of Way Acquisition ... .. ..$1,600,000
Construction $6,100,000
TOTAL.......................................$8,600,000
FUNDING SOURCE (S): STP (U&C), TIB, AIP, City of Kent, WSDOT Funds
Funded
PROJECT
JUSTIFICATION: The project will reduce peak hour single-occupant vehicle trips by
encouraging high occupancy vehicle usage Pacific Highway South
(SR 99) is a regionally significant north-south arterial heavily used by
commuters for access from South King County to the employment
centers in South Seattle, and provides additional access to Sea-Tac
Airport
STP— Surface Transportation Program [Federal], (U)Urban, (E) Enhancements, (C) Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
5
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: 132"d Avenue Southeast at Kent-Kangley Road (SR 516)
Intersection Improvement
DESCRIPTION: Widen the north approach of 132"d Avenue Southeast at South 272"d Street
(Kent—Kangley) intersection to provide an exclusive right turn lane for
southbound traffic on 132"d Avenue Southeast The project includes
modifying the existing traffic signal and reconstruction of paving, street
lighting, storm drainage facilities, concrete curbs, gutters,
sidewalksibicycle paths, utilities and appurtenances
PROJECT COST: Preliminary Engineering. . $20,000
Right of Way Acquisition $30,000
Construction $200,000
TOTAL ..........................................$250,000
FUNDING SOURCE (S): City of Kent, AIP, STP (U)
Funded
PROJECT
JUSTIFICATION: This intersection is heavily impacted by traffic coming down 132"d
Avenue Southeast bound for S 272❑d Street The improvement will tie
into the curb and gutter at the nearby shopping center The project will
support improved access on Kent-Kangley Road
STP—Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
6
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: Kent Station Infrastructure Improvements
Vicinity of 4`h Avenue North and 2"d Avenue North Extension
DESCRIPTION: Widen 2nd Avenue North to provide two travel lanes with left turn
pockets at intersections, and on-street parking between Smith Street and
Temperance Street Construct Temperance Street between 2"d Avenue
South and 1st Avenue South Extend 2"d Avenue from Temperance Street
to intersect with 4th Avenue opposite the Regional Justice Center
driveway and install a traffic signal. Widen 1st Avenue from two to three
lanes, to provide a single travel lane in each direction with center left turn
lane The widening will extend from James Street to Temperance Street.
The project includes landscaping, paving, concrete curbs, gutters, storm
drainage systems, utilities, and appurtenances
PROJECT COST: Preliminary Engineering ... .$390,000
Right of Way Acquisition ... .. . . .. 0
Construction . .. .. .... .. .$1,930,000
TOTAL .......................................$2,320,000
FUNDING SOURCE (S): FTA, City of Kent
Funded
PROJECT
JUSTIFICATION: This project provides the necessary transportation infrastructure for
development of the Kent Station and adjacent properties. The project is
coordinated with transit and commuter rail improvements in and around
the vicinity of the Kent Station and Commuter Rail Station sites. These
improvements include Sound Transit's reconstruction of 1" Avenue
North from Temperance Street to Smith Street and construction of the
pedestrian bridge over B N R R The project includes street
improvements required for the development of the site, as well as
mitigation measures (traffic signal) to accommodate access to the City
artenal street system
STP— Surface Transportation Program [Federal], (U)Urban, (E)Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Artenal Improvement Program [State],LID—Local Improvement District
7
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: 4ih Avenue and Smith Street Intersection Improvements
Intersection Improvement
DESCRIPTION: Reconstruct the 4th Avenue and Smith Street intersection by widening
each approach to add a left turn pocket with appropriate left turn storage
and upgrade the traffic signal
PROJECT COST: Preliminary Engineering .. .. . . $140,000
Right of Way Acquisition $140,000
Construction .. . . $700,000
TOTAL .......................................$1,220,000
FUNDING SOURCE(S): FTA, City of Kent
Funded
PROJECT
JUSTIFICATION: The intersection currently has four lanes on each approach Volumes are
such that it is necessary to operate the signal to serve only one approach
at a time This project widens each approach to provide for a separate
left turn pocket with appropriate storage This allows a much more
efficient operation of the signal at this intersection, and significantly
enhances the traffic signal progression along both of these heavily
traveled arterial corridors This project also improves necessary
transportation capacity for the development of the Kent site and adjacent
properties as an urban revitalization measure
STP—Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C) Competitive,
HES—Hazard Elimination,FMSIB —Freight Mobility Strategic Investment Board [State],
TIA —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
8
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: Military Road at Reith Road
Intersection Improvement
DESCRIPTION: Widen all approaches of Military Road at Reith Road intersection to
provide exclusive left turn lanes for all traffic, and exclusive right turn
lanes for northbound and southbound traffic on Military Road and
westbound traffic on Reith Road Modify the existing traffic signal The
project will include the construction of paving, paved shoulders, street
lighting, storm drainage, utilities and appurtenances
PROJECT COST: Preliminary Engineering . . ... $100,000
Right of Way Acquisition.. ... ... .. . . $-0-
Construction .$900,000
TOTAL .......................................$1,000,000
FUNDING SOURCE (S): AIP, City of Kent, STP (U)
Partially Funded
PROJECT
JUSTIFICATION: The level of development on the Kent West Hill, coupled with the growth
in the Puget Sound area and the regularly occurring congestion along
both Pacific Highway South and Interstate 5 results in significant
congestion at this intersection in the morning and evening peak hours
STP—Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
9
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: South 277`h Street Corridor-Phase II
SR 167 to Auburn Way North
DESCRIPTION: Study, design and construct the widening of South 2771h Street from three
lanes to five lanes, including grade separation at the UPRR and BNSF rail
crossings, utility improvements (water, sewer, and storm), two-way
left turn lane, and accommodations for bicycle and pedestrian facilities
from SR 167 to Auburn Way This includes modifications to the traffic
signals at the intersections of South 2771h Street and Auburn Way
North/East Valley Highway The project will include the construction of
full-width paving, concrete curbs, gutters and sidewalks, street lighting,
storm drainage, landscaping, utilities and appurtenances.
PROJECT COST: Preliminary Engineering. .$6,000,000
Right of Way Acquisition .$5,000,000
Construction $25,000,000
TOTAL .....................................$36,000,000
FUNDING SOURCE (S): TPP, LID, City of Auburn, King County, WSDOT, ISTEA,
TEA21, TIB, FMSIB, Port of Seattle, Port of Tacoma, BNSF, and
UPRR
Funded
PROJECT
JUSTIFICATION: This project will improve safety and mobility on an existing east-west
corridor, provide multi-modal facilities, and ensure that the link will
satisfy concurrency in the near future The project involves and benefits
the Cities of Auburn and Kent, as well as King County and WSDOT It is
not feasible to widen alternate routes to accommodate either existing or
forecast traffic volumes to the Kent East Hill This project provides a
continuous arterial from Kent East Hill to SR 167 to Interstate 5
aSTP— Surface Transportation Program[Federal], (U)Urban, (E) Enhancements, (C) Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
10
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: South 228th Street Corridor- Phase I
Military Road to 54tn Avenue South
DESCRIPTION: Preliminary engineering and construction of a new five-lane roadway from
SR-516 along Military Road to approximately Bolger Road, then from
Military Road to 54th Avenue South, including a new bridge over the
Green River The project will include the construction of full-width
paving, a bridge, concrete curbs, gutters, sidewalks and/or paved
shoulders, street lighting, storm drainage, landscaping, utilities and
appurtenances The project may include the installation of traffic signals
at the Comdor's intersections with Military Road and Lakeside
Boulevard
PROJECT COST: Preliminary Engineering .. . . ...$2,500,000
Right of Way Acquisition. . $1,100,000
Construction ... . .. . $20,4000,000
TOTAL .....................................$24,000,000
FUNDING SOURCE (S): TPP, City of Kent, LID, TIB, FMSIB
PROJECT
JUSTIFICATION: James Street and Meeker Street `comdors' are not feasible to widen
sufficiently to accommodate forecast traffic volumes and future
development Meeker Street currently represents the only east-west
arterial that crosses the Green River between the SR 516 and South 212th
Street This extension will provide required east-west capacity
STP— Surface Transportation Program[Federal], (U)Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
I
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: 72"d Avenue South Extension
South 196`h Street to South 200`h Street
DESCRIPTION: Construct a new four-lane roadway from South 196`h Street to South 200"h
Street The project will include the crossing of Mill Creek and
construction of full-width paving, concrete curbs, gutters, sidewalks, street
lighting, storm drainage, landscaping, utilities and appurtenances
PROJECT COST: Preliminary Engineering .. . $160,000
Right of Way Acquisition $680,000
Construction $580,000
TOTAL .......................................$1,420,000
FUNDING SOURCE (S): City of Kent
PROJECT
JUSTIFICATION: Continued development in the nor-them Kent industrial area, and high
levels of congestion along West Valley Highway between the South 180ih
Street and South 1961h Street corridors, mandate additional north-south
arterial capacity This project provides some relief for South 180`h Street,
South 196`h Street, and South 212`h Street intersections along West Valley
Highway It also provides improved access to the South 196" Street
corridor from industrial development along 72"d Avenue South
STP—Surface Transportation Program[Federal], (U) Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP- Arterial Improvement Program[State],LID—Local Improvement District
12
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: South 228th Street Extension Railroad Grade Separation Project
Grade Separation crossings at Union Pacific Railroad & Burlington
Northern/Santa Fe Railroad
DESCRIPTION: Construct grade separations of both the Burlington Northern Santa Fe
Railroad's and Union Pacific Railroad's mainline tracks at South 228"'
Street. The project will lead to a seamless connection between major
freight handlers and their primary destinations This project will support
freight moving through Kent to various Ports, Sea-Tac Airport and the
freeway system. The project will include the construction of bridge
structures and/or underpasses, full-width paving, concrete curbs, gutters,
sidewalks, street lighting, utilities and appurtenances.
PROJECT COST: Preliminary Engineering ... . . .$5,000,000
Right of Way Acquisition ... .$5,000,000
Construction ... .. .. .... ... .$26,000,000
TOTAL .....................................$36,000,000
FUNDING SOURCE (S): City of Kent, FAST((Freight Action Strategy, for
Everett-Seattle-Tacoma Corridor), FMSIB, Burlington
Northem/Santa Fe Railroad and Union Pacific/Southern
Pacific Railroad
PROJECT
JUSTIFICATION: Traffic analysis indicates this project would improve level of service on
other key east-west arterials, such as Meeker Street. Improving traffic on
neighboring arterials will improve overall traffic operations and safety in
the valley, and allow for improved freight mobility. This project will
enhance Kent as an economic generator and provide regional connections
for thousands of businesses, employers, and 40 million square feet of
warehouse/industrial space The level of freight and passenger rail traffic
on both the UP and BNSF Railroad mainlines is also increasing as a
consequence of economic conditions in the Puget Sound area
STP— Surface Transportation Program[Federal]; (U) Urban, (E)Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
13
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003
PROJECT: Interurban Trail Crossings Signal Interconnect
West Meeker Street and West Smith Street
DESCRIPTION: Interconnect the existing traffic signals at the Interurban Trail crossings at
Meeker Street and Smith Street to the UP crossing signals at said streets
PROJECT COST: Preliminary Engineering. ... .... ... $30,000
Construction .. $240,000
Right of Way Acquisition S-0-
TOTAL ..........................................$270,000
FUNDING SOURCE (S): STP (E), City of Kent
PROJECT
JUSTIFICATION: This project is required in order to interconnect the existing street signals
with the railroad crossing signals It will eliminate potential conflict
where traffic could backup across the railroad tracks
STP—Surface Transportation Program [Federal], (U)Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
14
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003 - 2008
PROJECT: Bicycle and Pedestrian Improvements
Ongoing Citywide Program
DESCRIPTION: Make miscellaneous improvements to the City's Bicycle Route and
Pedestrian system Potential projects include improvements to 100th
Avenue Southeast north of James Street, Southeast 248`h Street east of 90
Avenue South, and 152A Way Southeast north of Southeast 272"d Street
PROJECT COST: Preliminary Engineering $60,000
Right of Way Acquisition . ... . ... .. . $-0-
Construction .. . .. . .. .. ... .. .. . $562,000
TOTAL ..........................................$625,000
FUNDING SOURCE (S): STP (E), City of Kent
PROJECT
JUSTIFICATION: Tlus project complies with the City's CTR (Commute Trip Reduction)
Ordinance and the City Comprehensive Plan This project helps to reduce
peak hour single-occupant vehicle trips, encourage the use of non-
motorized transportation modes, and provide safe routes for school-age
pedestrians and cyclists
STP—Surface Transportation Program [Federal], (U) Urban, (E)Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program[State],LID—Local Improvement District
15
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003 - 2008
PROJECT: Guardrail and Safety Improvements
Ongoing Citywide Program
DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance
motorist safety Candidate projects include Frager Road and 100`h Avenue
Southeast (near the 22600 block) Upgrade existing guardrail end-
treatments as mandated by State and Federal regulations
PROJECT COST: Preliminary Engineering $20,000
Right of Way Acquisition . .$-0-
Construction . $175,000
TOTAL ..........................................$195,000
FUNDING SOURCE (S): STP (E), HES, City of Kent
PROJECT
JUSTIFICATION: This project is mandated by compliance with Federal and State
regulations, and the requirement to eliminate potentially hazardous
roadway conditions.
STP—Surface Transportation Program jFederal], (U)Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP- Arterial Improvement Program[State],LID—Local Improvement District
16
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003 - 2008
PROJECT: Americans with Disabilities Act Compliance Sidewalk Repair and
Rehabilitation
Ongoing Citywide Program
DESCRIPTION: Reconstruct and repair existing sidewalks and pedestrian ramps, and
install new hard-surfaced sidewalks to implement the requirements of the
Federal Government's Americans with Disabilities Act (ADA) This
project will include an inventory of the City's sidewalk/walkway facilities,
and identification and correction of existing deficiencies This project will
also include the construction of concrete curbs, gutters and sidewalks;
minor storm drainage, and appurtenances
PROJECT COST: Preliminary Engineering. . . . . $200,000
Right of Way Acquisition... ... .. .. .. .. $-0-
Construction .. . . . .. $1,750,000
TOTAL .......................................$1,950,000
FUNDING SOURCE (S): City of Kent
PROJECT
JUSTIFICATION: This project is mandated by the Americans with Disabilities Act (ADA)
It repairs existing sidewalks, replaces deficient/substandard and/or
missing wheelchair/pedestnan ramps, and brings same into compliance
with the adopted Federal standards
STP— Surface Transportation Program[Federal], (U) Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State],
TIA —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
17
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2003 - 2008
PROJECT: Commuter/Shopper Shuttle Bus
Ongoing Citywide Program
DESCRIPTION: Continue to provide enhanced transit service in the Downtown Kent
business area through the use of a fixed-route shuttle service, with
demand-responsive routing capabilities Service route points will include
King County Metro Park Ride, South King County Regional Justice
Center, and Kent City Hall, as well as local shopping and medical
facilities.
PROJECT COST: Preliminary Engineering $-0-
Right of Way Acquisition.. ... .. $-0-
Operations $140,000
TOTAL ..........................................$140,000
*City share, which is equivalent to the lost fare box revenue that the county could have collected
were not the city wanting a free service, (based on 6 years operating cost with 3% inflation)
FUNDING SOURCE (S): King County, City of Kent
PROJECT
JUSTIFICATION: The Shopper Shuttle provides mobility and independence to many of the
city's seniors as well as school children and other citizens with limited
mobility options The service addresses a significant transit market that
may not be able to use the county's more traditional routes, and helps the
city meet its road safety and transportation demand management goals
STP— Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination,FMSIB—Freight Mobility Strategic Investment Board [State],
TM —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program tState],LID—Local Improvement District
18
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2004
PROJECT: South 212`h Street Pavement Rehabilitation
Green River Bridge to West Valley Highway(SR 181)
DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional
service life to the asphalt roadway between the Green River bridge and
West Valley Highway (SR 181) This project will include the removal and
replacement of the upper two inches of the existing asphalt pavement in
the curb lanes in both directions; and a full-width asphalt pavement
overlay of the entire roadway. This project will also include the selective
replacement of catch basin inlets and driveway approach aprons, and
sections of concrete curbs and gutters
PROJECT COST: Preliminary Engineering .. .. ... .$45,000
Right of Way Acquisition . ... .. . $-0-
Construction . . .. ... . . . . . $635,000
TOTAL ..........................................$680,000
FUNDING SOURCE (S): STP (U), City of Kent
Funded
PROJECT
JUSTIFICATION: The existing asphalt pavement along this section of South 2121h Street is
exhibiting signs of distress, as demonstrated by "alhgatonng",
longitudinal cracking, and cracking of the concrete curbs and gutters The
end of the service life of this roadway has been reached Reconstruction
of the pavement to extend the service life of the roadway and prevent
further degradation is required
STP— Surface Transportation Program[Federal], (U)Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination,FMSIB—Freight Mobility Strategic Investment Board [State],
TLI —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
19
CITY OF DENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2008
PROJECT: South 2121h Street Grade Separation Project
Railroad Grade Separation crossings at South 2121h Street
DESCRIPTION: Construct grade separations of both the Burlington Northern Santa Fe
Railroad's and Union Pacific Railroad's mainline tracks at South 212`h
Street The project will support the increased number of trains resulting
from the re-opening of the BNSF Railroad's Stampede Pass line and
increased activity through the Ports of Seattle and Tacoma, as well as the
commuter rail operations of the RTA The project will ultimately include
the construction of bridge structures, full-width paving, concrete curbs,
gutters, sidewalks, street lighting, utilities and appurtenances.
PROJECT COST: Preliminary Engineering $5,000,000
Right of Way Acquisition . . . . .$5,000,000
Construction . .. .330,0000,000
TOTAL .....................................$40,000,000
FUNDING SOURCE (S): City of Kent, State, FMSIB
STP (U), State, City of Kent, FMSIB Burlington
Northern/Santa Fe Railroad and Union Pacific/Southern
Pacific Railroad
PROJECT
JUSTIFICATION: The level of freight and passenger rail traffic on both the UP and BNSF
Railroad mainlines is continually increasing as a result of long term
growth in the Puget Sound area and the approved RTA plan East-west
freight and commuter mobility in the Green River Valley will soon reach a
point of being significantly impacted by continued private development
competing with the increased rail traffic — also created by private
development activities and regional trade Grade-separations are required
to mitigate past and future development
STP—Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination,FMSIB —Freight Mobility Strategic Investment Board[State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
20
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2004
PROJECT: 841h Avenue South Pavement Rehabilitation
South 212`i' Street to SR 167
DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional
service life to the roadway between South 212ih Street and SR 167 This
project will include the removal and replacement of the existing pavement
in the curb lanes in both directions, and a full-width asphalt concrete
overlay of the entire roadway, and will also include the selective
replacement of catch basin inlets and driveway approach aprons, and curbs
and gutters
PROJECT COST: Preliminary Engineering . $145,000
Right of Way Acquisition .. ... . .$-0-
Construction . . .. . . .. .3585,000
TOTAL ..........................................$730,000
FUNDING SOURCE (S): STP (U), City of Kent
PROJECT
JUSTIFICATION: The existing pavement along this section of 841h Avenue South is
showing signs of structural distress as demonstrated by "alhgatonng",
longitudinal cracking, and cracking of the curbs and gutters An inverted
crown section also occurs at the former curb line along many of the
sections of this street. This inverted crown section results in the ponding
of stormwater in the street along the seam line, which increases the
failure rate of the roadway pavement
STP—Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination,FMSIB —Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
ALP-Arterial Improvement Program [State],LID—Local Improvement District
21
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2005
PROJECT: 116ih Avenue Southeast Widening
Southeast 256"' Street to Kent-Kangley Road (SR 516)
DESCRIPTION: Widen 116"' Avenue Southeast to provide a five-lane roadway, including
four general-purpose travel lanes, a two-way left turn lane and a bicycle
facility The project will include the construction of paving, concrete
curbs, gutters, sidewalks, bicycle lanes, paved shoulders, street lighting,
storm drainage, utilities and appurtenances
+� PROJECT COST: Preliminary Engineering $275,000
Right of Way Acquisition .$370,000
Construction .$1,770,000
TOTAL .......................................$2,415,000
FUNDING SOURCE (S): AIP, City of Kent, LID
PROJECT
JUSTIFICATION: Traffic studies have indicated that traffic demand will continue to increase
on this section of 1161h Avenue This roadway funnels east/west
movement on Southeast 256`h Street to the 272"a/277" Street Corridor
STP—Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination FMSIB —Freight Mobility Strategic Investment Board [State],
TIA —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP -Arterial Improvement Program [State],LID—Local Improvement District
22
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2005
PROJECT: Central Avenue Pavement Rehabilitation
Willis Street(SR 516) to the Green River Bridge
DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional
service life to the roadway, between Willis Street (SR 516) and the Green
River Bridge. This project will include the removal and replacement of the
upper two inches of the existing pavement in the curb lanes in both
directions, and a full-width asphalt concrete overlay of the entire roadway,
and will also include the selective replacement of catch basin inlets, and
driveway approach aprons, and curbs and gutters
PROJECT COST: Preliminary Engineering... ... ... ... .$20,000
Right of Way Acquisition . . . . .$-0-
Construction ... . . . . ... .. .. .. $366,000
TOTAL ..........................................$386,000
FUNDING SOURCE (S): STP (U), City of Kent
PROJECT
JUSTIFICATION: The existing paving along this section of Central Avenue is exhibiting
signs of distress, as demonstrated by "alligatonng", longitudmal cracking,
and cracking of the curbs and gutters The service life of this roadway has
been reached, necessitating reconstruction of the pavement to extend the
service life of the roadway, and prevent further pavement degradation.
STP—Surface Transportation Program[Federal], (U)Urban, (E)Enhancements, (C)Competitive,
HES—Hazard Elimination,FMSIB—Freight Mobility Strategic Investment Board [State],
TM —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
23
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: EAR: 2005
PROJECT: South 272nd Street Widening- Phase I
Military Road to 26"'Avenue South
DESCRIPTION: Widen the intersection of South 272"d Street and Military Road to extend
the existing left turn pockets on the west and north approaches and also
add an 1100 foot right turn lane on the north approach The South 272nd
Street I-5 undercrossing will be excavated and the existing four lanes
under the bridge widened to seven lanes These lanes will include four
general-purpose lanes, a two-way left turn lane, and two lanes held in
reserve for Phase III of this project This project will also include the
construction of paved shoulders, storm drainage, utilities and
appurtenances
PROJECT COST: Preliminary Engineering $1,100,000
Right of Way Acquisition .. $900,000-
Construction $5,700,000
TOTAL .......................................$7,700,000
FUNDING SOURCE (S): STP (E), City of Kent, Federal Way, King County,
Sound Transit, TPP
PROJECT
JUSTIFICATION: The traffic volumes along this section of South 272"d Street have reached
the point where additional lanes are required to reduce congestion
Additional lanes are also required under I-5 to reduce congestion The
additional length of the right turn lane from Military Road will help
prevent extensive backups in the southbound lane The project will also
relieve congestion near the northside Park and Ride lot
STP—Surface Transportation Program[Federal], (U)Urban, (E)Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
24
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2005
PROJECT: Military Road Widening- Phase I
38"' Avenue South to South 248`i' Street
DESCRIPTION: Widen and re-channelize Military Road to provide an interim three-lane
roadway, including two general-purpose travel lanes, and a two-way
left turn lane The project will include the construction of paving, street
channelization, street lighting, utilities and appurtenances
PROJECT COST: Preliminary Engineering . . ... ... . $55,000
Right of Way Acquisition. . .. . .. . . ..$-0-
Construction ... . .. . . .. .. .. . . . $135,000
TOTAL ..........................................$190,000
FUNDING SOURCE (S): City of Kent
PROJECT
JUSTIFICATION: The level of development along this section of Military Road has reached
the point where a three-lane roadway section is required to accommodate
through traffic and provide safe left turn access into the commercial
center southwest of the National Guard facility
STP-Surface Transportation Program [Federal], (U)Urban, (E) Enhancements, (C)Competitive,
HES-Hazard Elimination, FMSIB-Freight Mobility Strategic Investment Board [State],
TIA-Transportation Improvement Account, TIB-Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID-Local Improvement District
25
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2007
PROJECT: 801h Avenue South Widening
South 196th Street to South 188th Street
DESCRIPTION: Widen 80ih Avenue South from 196th Street to South 188th Street Add
four to five lanes and general improvements This will include four
general-purpose lanes and a two-way left turn lane The project will also
include the construction of full-width paving, concrete curbs, gutters,
sidewalks, street lighting, storm drainage, utilities and appurtenances
PROJECT COST: Preliminary Engineering $130,000
Right of Way Acquisition .$285,000
Construction .$515,000
TOTAL ..........................................$930,000
FUNDING SOURCE (S): City of Kent, LID
PROJECT
JUSTIFICATION: The opening of 196`h Street Corridor on the south end of the project and
Renton's completion of Oaksdale Avenue will result in 801h Avenue being
a significant north/south corridor serving the industrial area As a result,
the increased traffic volumes along this section of 801h Avenue South
could reach the point where a consistent five-lane roadway section is
required to provide safe left turn access into the adjoining properties
Further, concrete curbs, gutters, sidewalks, and street lighting are required
to provide control of roadway drainage, to prevent impacts to adjacent
property owners, and to provide safe access for pedestrians
STP— Surface Transportation Program[Federal], NJ Urban, (E)Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State],
TIA —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program{State],LID—Local Improvement District
26
CITY OF KENT !
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2007
PROJECT: South 272nd Street Widening- Phase II
26ih Avenue South to Pacific Highway South(SR 99)
DESCRIPTION: Widen South 272nd Street to add one westbound left turn lane at the
intersection of South 272 d Street and Pacific Highway South and left tam
lanes at the Star Lake Road intersection If feasible, construction of curb,
gutter, and sidewalks, street lighting, storm drainage facilities, utilities and
appurtenances will be deferred until Phase III of the South 272nd Street
Widening Project
PROJECT COST: Preliminary Engineering . $100,000
Right of Way Acquisition . . $50,000
Construction . $650,000
TOTAL ..........................................$800,000
FUNDING SOURCE (S): STP (E), City of Kent, TIB
PROJECT
JUSTIFICATION: Traffic volumes along this section of South 272nd Street have reached the
point where widening and additional turn lanes are required to reduce
congestion at the intersections and prevent backups between Pacific
Highway and I-5 This project will coordinate with access to the site of
the proposed southside Park and Ride lot and with City of Federal Way
improvements west of Pacific Highway
STP—Surface Transportation Program [Federal], (U)Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State],
TIA —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program[State],LID—Local Improvement District
27
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2007
PROJECT: South 272nd Street Improvement-Phase III
Military Road to Pacific Highway South and I-5 HOV Loop Ramp
DESCRIPTION: Add two HOV Lanes from Military Road to Pacific Highway South
(SR 99) An HOV loop-ramp from eastbound South 272nd Street to
northbound I-5 will also be constructed Construction will include curb,
gutter, sidewalks, street lighting, storm drainage facilities, utilities and
appurtenances
PROJECT COST: Preliminary Engineering $800,000
Right of Way Acquisition $500,000
Construction . . $6,200,000
TOTAL .......................................$7,500,000
FUNDING SOURCE (S): STP (E), City of Kent, TIB
PROJECT
JUSTIFICATION: Traffic volumes between Pacific Highway South and Military Road have
reached the point where improvements supporting HOV-added capacity
are required to reduce congestion at the intersections and reduce backups
approaching I-5 The HOV lanes will provide access to the northside Park
and Ride lot and the site of the proposed southside Park and Ride lot
Adding HOV lanes and HOV access to I-5 supports various County and
City of Federal Way transportation and transit improvement projects
STP— Surface Transportation Program [Federal], (U)Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination,FMSIB—Freight Mobility Strategic Investment Board [State],
TIA —Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program[State],LID—Local Improvement District
28
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2008
PROJECT: South 228th Street Corridor - Phase III
84`h Avenue South to Benson Road (SR 515)
DESCRIPTION: Construct a new three to five-lane roadway from 841h Avenue to Benson
Highway (SR 515), including a new bridge over SR 167, and modify the
traffic signals at the intersection of South 224ih Street and 8e Avenue
South The project will include the construction of full-width paving,
concrete curbs, gutters, sidewalks, street lighting, storm drainage, bicycle
lanes, landscaping, utilities and appurtenances
PROJECT COST: PrelirnmaryEngineenng . . ..$1,500,000
Right of Way Acquisition .... . . $4,800,000
Construction .. ... ... .... . . .$18,700,000
TOTAL .....................................$25,000,000
FUNDING SOURCE (S): TPP, King County, City of Kent, LID
PROJECT
JUSTIFICATION: The James Street and South 208"/212`h Street `comdors' are infeasible to
widen to accommodate forecast traffic volumes without additional east-
west capacity, based upon existing development and topographic
constraints Additional capacity is required to accommodate existing
development in the East Hill area of the City
STP— Surface Transportation Program[Federal], (U)Urban, (E) Enhancements, (C) Competitive,
HES—Hazard Elimination,FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program [State],LID—Local Improvement District
29
CITY OF KENT
SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM
YEAR: 2004
PROJECT: Willis Street(SR 516) Railroad Grade Separation Project
Grade Separation Crossings at Union Pacific Railroad & Burlington
Northern/Santa Fe Railroad
DESCRIPTION: Construct grade separations of both the Burlington Northern Santa Fe
Railroad's and Union Pacific Railroad's mainline tracks at Willis Street
(SR 516) The project will provide more efficient movement of goods and
services and will relieve congestion due to combined tram traffic on both
the BNSFRR and UPRR of approximately 60 trains per day This results
in an accumulated delay of more than 15 hours per day. The project will
include the construction of under crossings, full-width paving, concrete
curbs, gutters, sidewalks, street lighting, utilities and appurtenances
PROJECT COST: Preliminary Engineering . . .. .$4,600,000
Right of Way Acquisition . $4,600,000
Construction . . .... . .$23,800,000
TOTAL .....................................$33,000,000
FUNDING SOURCE (S): City of Kent, FAST((Freight Action Strategy, for
Everett-Seattle-Tacoma Corridor), FMSIB, Burlington
Northem/Santa Fe Railroad and Union Pacific/Southern
Pacific Railroad
PROJECT
JUSTIFICATION: This project supports east-west freight and commuter mobility in the
Green River Valley. More than 27,000 vehicles per day travel on Willis
Street, including over 800 freight-bearing trucks The level of freight and
passenger rail traffic on both the UP and BNSF Railroad mainlines is also
increasing as a consequence of economic conditions in the Puget Sound
area Grade separations provide the solution to the costly problem of
congestion The RR crossings will no longer impede freight and other
traffic flow Reductions in traffic congestion on adjoining streets and
reduced environmental impacts caused by traffic congestion is also
expected This project will enhance Kent as an economic generator and
provide regional connections for thousands of businesses, employers, and
commuters
STP—Surface Transportation Program [Federal], (U)Urban, (E) Enhancements, (C)Competitive,
HES—Hazard Elimination,FMSIB—Freight Mobility Strategic Investment Board [State],
TIA—Transportation Improvement Account, TIB—Transportation Improvement Board,
AIP-Arterial Improvement Program[State],LID—Local improvement District
30
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• Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: FERNANDO PANLASIGUI SHORT PLAT WATER SYSTEM
EASEMENT—CONVEY
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorize the Mayor to convey a new easement with the revised language for an existing
well on the city's wetland mitigation site. The revised language shall conform to the
Seattle/King County Health Department's standards and shall be subject to concurrence
by the Public Works Director.
3. EXHIBITS: Public Works Director Memorandum
4 RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
• ACTION
Council Agenda
Item No. 61
PUBLIC WORKS DEPARTMENT
Don E Wrckstrom, P E. Public Works Director
Phone 253-856-5500
KENT Fax 253-856-6500
W/.SXINGTON
Address 220 Fourth Avenue S
Kent, WA 98032-5895
Date. September 16, 2002
To Pu(blliiWorks Committee
From- D ad `hNickstrom, Public Works Director
Regarding Fernando Panlasiqui Short Plat, Water System
Tax Lot302205-9026
Mr. Panlasigui is developing a two lot King County short plat adjacent to a City of Kent wetland
mitigation site in King County, which will be serviced from an existing well presently used by Mr
Parlasigui Said well lies within the City's wetland mitigation site The City bought said
mitigation site from Mr Panlasigui and gave him an easement for the well on same Said easement
language however does not meet the Seattle/King County Health requirements and Mr. Panlasigui
has asked that the City grant a new easement with the appropriate language.
The City was concerned that additional water (1,800 gal/day) used from the well could impact the
function and water regime of the wetland mitigation site. Mr Panlasigui's engineer provided a well
log, which indicates that the aquifer is 60 feet below ground with two layers of hardpan A
microscopic particle analysis by Udder Health Systems confirms that no surface water is entering
the well and that no well water is reaching the surface. Based on this information, the Public Works
Department recommends granting a revised easement that contains the appropriate language
required by the Seattle/King County Health Department
MOTION.
Recommend to full Council that the City grant a new easement with the revised language for the
existing well on its mitigation wetland site for which the language therein shall conform to the
Seattle/King County Health Department's standards subject to the concurrence with said language
by the Public Works Director.
Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: KINGSLEY GLEN FINAL PLAT - #FSU-99-4/KIVA #2022089 —
APPROVE
2. SUMMARY STATEMENT: Approval of the Kingsley Glen Final Subdivision#FSU-
99-4 and authorization for the Mayor to sign the final play mylar. This final plat
application was submitted by Kingsley Glen, LLC for Kingsley Glen #FSU-99-4. The
Hearing Examiner issued his Findings, Conclusions, and Decision of the preliminary
subdivision on July 2, 2000, and for a plat alteration August 29, 2001.
3. EXHIBITS: Memo with conditions and map
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NOS YES_
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Community Development Director
PLANNING SERVICES
Charlene Anderson,AICP, Manager
Phone 253-856-5454
KENT Fax 253.856-6454
Address 220 Fourth Avenue S
Kent,WA 98032.5895
September 24, 2002
TO MAYOR JIM WHITE, COUNCIL PRESIDENT TIM CLARK, AND CITY
COUNCIL MEMBERS
FROM: CHARLENE ANDERSON,AICP, PLANNING MANAGER
MEETING
DATE OCTOBER 1, 2002
SUBJECT KINGSLEY GLEN FINAL PLAT(#FSU-99-4/Krva#2022089)
On July 6, 2000, the Hearing Examiner issued Findings, Conclusions and Decision with
conditions for the Kingsley Glen Subdivision 4SU-99-4 This has also received approval by the
Hearing Examiner for a major plat alternation (#PTA-2001-1) The alteration amended the
previously approved prelimmnary plat from 37 lots to 40 lots and the applicant requested an
alteration of the roadway easement design to facilitate access to a total of seven lots in the
northeasterly portion of the subject property The original preliminary plat approval was for a
20-foot wide ingress/egress roadway easement, which was to serve five lots The property is
located at 144`h Avenue SE and SE 278`h Street(extended)
The applicant has complied with the conditions required prior to recording Staff recommends
the City Council approve the Kingsley Glen Final Plat (#FSU-99-4Mva #2022089) with the
attached conditions and authorize the Mayor to sign the mylar.
CA/mjp/S.\Permrt\Plan\longplats\2002\2022089FSU9904CC doc
Enclosure
10
KINGLSEY GLEN
#SU-99-4 KIVA#9900905
ON JULY 6, 2000, HEARING EXAMINER APPROVED THE KINGSLEY GLEN
PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS.
A CONDITIONS OF APPROVAL-
1. The Owner/Subdivider shall implement all mitigation measures required by
the Mitigated Determination of Nonsignificance for the Kingsley Glen
Subdivision (#ENV-99-27).
B PRIOR TO RECORDING THE SUBDIVISION:
1, The Owner/Subdivider shall pay all Charge in Lieu of Assessments and/or
Latecomer Fees, if any, prior to the scheduling of the Pre-Construction
Conference and/or prior to recording the plat, whichever comes first.
2 The Owner/Subdivider shall receive approval for engineering drawings
from the Department of Public Works, and either construct or bond for the
following•
a A gravity sanitary sewer system to serve all lots within the
subdivision and the parcel(s) abutting the subdivision to the south.
Sewer service will be provided by Soos Creek Water and Sewer
District. The septic systems serving the existing homes within the
proposed plat - if any - shall be abandoned in accordance with King
County Health Department Regulations
b A water system meeting domestic and fire flow requirements for all
lots within this subdivision and the parcel(s) abutting the subdivision
to the south.
Water services will be provided by Water District #111. Existing
wells — if any - shall be abandoned in accordance with the
requirements of the Department of Ecology
C. Detailed Drainage Plans which show how the 100-year post-
developed storm water runoff from this development will be
collected, conveyed, stored, treated and released to the City storm
water drainage system in compliance to the City of Kent
Construction Standards and Development Assistance Brochure #5-
3, Detailed Drainage Plans.
(1) The Owner/Subdivider shall construct a public on-site
detention/retention pond system in accordance with the Kent
Conditions of Approval
Kingsley Glen
#SU-99-4 KIVA#9900905
Page 2 of 10
Construction Standards to mitigate for potential impacts to
both storm water runoff quantity and quality The
detention/retention pond storage volume and release criteria
shall be that for the Soosette Creek Basin; the pre-
development condition shall be assumed to be forest only
unless otherwise determined by the Director.
(2) Roof downspouts for each lot (house and garage) shall be
directed to Roof Downspout Infiltration Trenches, or
Perforated Stubouts, meeting the requirements of the
Department of Public Works, including overflow pipes
connected to an approved conveyance system The
Detailed Drainage Plans will include an approved detail for
the Roof Downspout Infiltration Trenches, or Perforated
Stubouts, and will provide private storm water stubouts to
each lot for future connection from the Roof Downspout
Infiltration Trenches, or Perforated Stubouts. The face of the
recorded plat shall contain the following restriction,
AS A CONDITION OF BUILDING PERMIT ISSUANCE,
RESIDENCES CONSTRUCTED ON LOTS OF THIS
SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION TRENCH (OR PERFORATED STUBOUT)
SYSTEMS PER DETAILS SHOWN ON THE APPROVED
STORMWATER PLANS
(3) Because the City has already performed a hydraulic analysis
of the reach of the East Fork of Soosette Creek which flows
through the southwest comer of the Plat of Kingsley Glen,
the downstream analysis is not required. In lieu of
performing the required downstream analysis, the
owner/developer shall pay mitigation fees for the project
listed on the City of Kent Soos Creek Basin Capital
Improvement Program as Protect EFS-1 as required by the
Conditions issued for the DNS issued for ENV-99-27
(4) The discharge of stormwater into the adjacent or abutting
wetland buffers shall be via sheet flow discharge only.
d Landscape Plans for the stormwater management tract meeting the
requirements of the City of Kent Construction Standards and City of
Kent Development Assistance Brochure #5, Landscape Plans.
Conditions of Approval
Kingsley Glen
#SU-994 KIVA#9900905
Page 3 of 10
e. An open-to-the-air public storm water treatment system in
accordance with the requirements of the Kent Construction
Standards to mitigate for potential impacts to storm water runoff
quality Acceptable storm water treatment facilities meeting this
requirement in their preferred order include: infiltration after
pretreatment; biofiltration swales; wet ponds; extended detention
ponds; and created wetlands.
(1) The public storm water treatment system shall be within the
approved public retention/detention facility tract
(2) Easements for biofiltration swales across private lots will not
be acceptable to meet this requirement.
f. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the City of Kent Construction Standard and City of
Kent Development Assistance Brochure # 1-3, Excavation and
Grading Permits & Grading Plans. These plans will include
provisions for utilities, roadways, retention/detention ponds, storm
water treatment facilities, and a building footpad for each
undeveloped lot. These plans shall be designed to eliminate the
need for processing several individual Grading Permits upon
application for Building or Construction Permits: phasing of grading
on a lot-by-lot basis will not be considered.
g Although not normally permitted, conceptual approval has been
granted to reroute the existing stream currently flowing out of the
large wetland area in order to provide enhanced water quality
treatment. The rerouted stream shall flow in a separate swale
outside the detention pond area. The rerouted stream shall contain
an open-air length equivalent to the existing stream and shall not
be rerouted along the top of the berm of the proposed detention
pond (as previously proposed). To avoid blowouts where the
rerouted stream would flow into the proposed detention pond, there
shall be a minimum ten-foot buffer between the edge of the
rerouted stream and the top of bank of the proposed detention
pond.
h. A Temporary Erosion/Sedimentation Control Plan for the entire
subdivision meeting the requirements of the City of Kent Construction
Standards, and which reflects the Detailed Grading Plan discussed above,
and the Planning Department approved Tree Plan.
Conditions of Approval
Kingsley Glen
#SU-99-4 KIVA#9900905
Page 4 of 10
i. A Wetland Mitigation Plan that meets the requirements of the City
of Kent Wetlands Management Code, and City of Kent
Development Assistance Brochure #10, Wetland Mitigation Plans
This plan shall address avoidance and minimizing impacts to
wetlands by analyzing alternatives that would avoid the impact or
reduce the impact, as stated in Kent City Code, Section 11.05.120
Avoiding wetland impacts to the largest extent feasible
j. Street Improvement Plans for 144t' Avenue Southeast, designed in
conformance with the requirements for a Residential Collector
Arterial Street as required by the City of Kent Construction
Standards and City of Kent Development Assistance Brochure #6-
2, Private and Public Street Improvements These plans shall meet
the following requirements in addition to the standard street
requirements:
(1) It is encouraged that the new intersection of the subdivision
street, hereinafter referred to as Southeast 278t" Place, be
located directly opposite the intersection constructed on the
east side of 144"' Avenue Southeast.
(2) The applicant plans to use Mr Collier's easement so that the
proposed access road (SE 278t' PI.) and SE 278"' Street will
be aligned as shown in the revised plat drawings Exhibit 4.
The Hearings Examiner encourages the road layout as
depicted in the revised plat drawings. However, the final
access layout is up to negotiations between the easement
owner, Dale Collier, and the applicant.
(3) The sidewalk along the subdivision frontage on 144"'Avenue
Southeast shall be 10 feet in width in conformance with City
standards for streets having a public elementary school
nearby, within a designated walking area as defined by the
Kent School District.
(4) Sidewalks on the proposed access road (SE 278a' PI.) shall
be installed to protect the root system of existing trees
Alternative types of sidewalks should be explored If at all
possible, existing trees along the access road should be
preserved.
(5) Access to Dale Collier's property shall not be impeded
during or after construction Mr. Collier must be allowed
access to his garage from the proposed access road.
Conditions of Approval
Kingsley Glen
#SU-99-4 KIVA#9900905
Page 5 of 10
(6) The face-of-curb to face-of-curb street width across the
development frontage shall be 36 feet, as measured from
the face of curb and the extension of the face of the existing
curb constructed on the east side of the street in the vicinity
of Southeast 278ti' Street. The minimum asphalt street width
shall be 36 feet in order to provide for the left-tum pocket
specified below, and where the curb does not exist along the
east side of the street, this street shall include a 6-foot gravel
shoulder along the east side of the street.
(7) The channelization plans for this street shall include
provisions for a 100-foot left turn storage pocket to serve
Southeast 278w Street; and suitable pavement marking
transitions both north and south of this left turn pocket.
k. Street Improvement Plans for the subdivision street terminating with
a cul-de-sac at its western terminus (Southeast 2780' Place). The
Street Improvement Plans for this subdivision street shall be
designed in conformance with the standards for a Residential
Street as required in the City of Kent Construction Standards, and
City of Kent Development Assistance Brochure #6-2, Pnvate and
Public Street Improvements, including but not limited to: cement
combined curbs & gutters and 5-foot-wide sidewalks on both sides
of the street; at least 28 feet of asphalt pavement except as noted
below; a City-approved street lighting system; public storm water
drainage, detention, and treatment facilities; curb return radii of 35
feet at the intersection of the subdivision street and 144"' Avenue
Southeast; and a 45-foot radius to the face of curb for the cul-de-
sac.
(1) Since this cul-de-sac is longer than 600 feet, the design for
this public street shall include a mid-block choker, speed
hump, or some other approved neighborhood traffic control
device to maintain lower residential vehicle speeds, unless
otherwise determined by the Director of Public Works
(2) The street section through the wetland and wetland buffer
boundaries shall be reduced to a face-of-curb to face-of-curb
width of only 24 feet with appropriate pavement width
transition tapers at the rate of no less than 25.1 at both ends.
Vertical cement concrete curbs & gutters and 5-foot-wide
cement concrete sidewalks shall be included in the street
section through the wetland and wetland buffers, and NO
Conditions of Approval
Kingsley Glen
#SU-99-4 KIVA#9900905
Page 6 of 10
PARKING ANYTIME signs shall be installed on both sides of
the street through the narrowed street section.
I Street Light Plans for 144"' Avenue Southeast meeting the
requirements of the City of Kent Construction Standards and City of
Kent Development Assistance Brochure #6-1, Street Lighting
Requirements.
m Street Light Plans for Southeast 278"' Place shall be designed,
installed and maintained by the Intol-ight Division of Puget Sound
Energy. The electrical bills for this street lighting system shall be
paid for the Home Owner's Association created for this subdivision.
n Street Improvement Plans for the three private streets serving lots
11, 14, 13 & 12; and lots 30, 31, 32, and 33; and lots 21, 22, 23,
and 24, respectively. These plans shall meet the minimum
requirements contained within the City of Kent Development
Assistance Brochure #6-2, Private and Public Street Improvements,
for a private asphalt street 20 feet in width.
3. The Owner/Subdivider shall submit and receive approval from the
Planning Department for a Detailed Tree Plan meeting the requirements of
City of Kent Development Assistance Brochure #3, Detailed Tree Plans,
and the requirements of Washington State Department of Fish and
Wildlife's letter of March 30, 2000. Grading Plans cannot be approved by
the Department of Public Works without an approved Detailed Tree Plan
4. The Owner/Subdivider shall dedicate all necessary public rights of way for
the public improvements required for this subdivision, and provide all
public and private easements necessary for the construction, operation
and maintenance of the required improvements. The minimum right-of-
way width shall include the 3-foot-wide utility strip behind the back of all
sidewalks.
5 The Owner/Subdivider shall permanently protect the approved and
preserved, and/or enhanced, or created wetland(s) and its buffer(s) and
the salmonid bearing creek, by creating a separate Sensitive Area Tract
(SAT) and deeding the tract in fee simple to the City, OR by granting a
Sensitive Area Easement to the City for the entire sensitive area. This
Sensitive Area Tract or Easement shall be consistent with the wetland and
wetland buffer map contained within the approved Wetland Delineation
Report and/or approved Wetland Mitigation Plan, and/or approved
topographic map of the salmonid bearing creek, as appropriate, unless
otherwise approved The Owner/Subdivider shall provide a legal
Conditions of Approval
Kingsley Glen
#SU-99-4 KIVA#9900905
Page 7 of 10
description of said easement or tract prepared by a licensed land
surveyor, prior to issuance of any construction permits. Further the
Owner/Subdivider shall grant to the city an easement for drainage
purposes over, upon and under that property described in the Sensitive
Area Tract or Easement for which the rights thereof shall take precedent
over those denoted in the language of said Sensitive Area Tract. Per the
Sensitive Area Track or Easement the following language shall be
included on the face of the recorded plat-
SENSITIVE AREA TRACTS/EASEMENTS
DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS
TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE
TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE
VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC
HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF
SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE
STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF
WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE
SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL PRESENT
AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT
TO THE TRACT/EASEMENT THE OBLIGATION, ENFORCEABLE ON
BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE
UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE
TRACT THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT,
PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT
APPROVAL IN WRITING FROM THE CITY OF KENT.
THE COMMON BOUNDARY BETWEEN THE TRACT/EASEMENT AND
THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR
OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF
KENT PRIOR TO ANY CLEARING, GRADING, BUILDING
CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE
REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE
UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE
SENSITIVE AREA TRACT ARE COMPLETED.
NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR
OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS,
PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN
15 FEET OF THE SENSITIVE AREA TRACT/EASEMENT BOUNDARY,
UNLESS OTHERWISE APPROVED BY THE CITY.
Conditions of Approval
Kingsley Glen
#SU-99-4 KIVA#9900905
Page 8of10
THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC
UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT,
BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE
AREAS DISTURBED UPON THE COMPLETION OF THE
UNDERGROUND CONSTRUCTION.
6. After construction, the wetland and buffer areas, and the creeks and their
buffers shall be isolated from intrusion and/or disturbance using
landscaping, or other appropriate screens, as well as an approved
permanent wildlife-passable fence. In addition, Wetland Information Signs
approved by the Department of Public Works shall be placed at the
wetland and creek buffer edges to inform and educate owners and nearby
residents about the value of wetlands and urban creeks
7 The 15-foot-wide building setback lines (BSBL) shall be shown on the final
plat map for all applicable lots adjoining the stream sensitive area tract
(SAT) as well as the wetland SAT
8 The face of the plat shall contain the following restrictions in conformance
with the March 30, 2000 letter received from the State of Washington
Department of Fish and Wildlife
a. All fir trees greater than 15 inches in diameter at breast height
(d b h )and all black cottonwood trees greater than 20 inches d b h
shall be retained in the western 800 feet of the northern 20 feet of
the subdivision and in Tracts A, B, C, and D unless they are
deemed to be a dangerous tree by a certified arbonst, and a copy
of the arbonst report is sent to Washington Department of Fish and
Wildlife and the Environmental Engineering Section of the Kent
Department of Public Works prior to removal
b Efforts shall be made to retain other fir trees, with emphasis on
those firs greater than 15 inches d b h. throughout site development
to the greatest degree possible This will include protecting and
preserving root structures of remaining trees by not allowing heavy
equipment near, or materials to be placed within the drip line of any
tree.
c Those firs greater than 15 inches d b h along the south boundary
of Lots 12, 13, 16, 17, 18, 19, and 20 and within the 15-foot-wide
BSBL (Building Setback Line) of Tract D SAT shall be retained in
place. This condition shall be specifically referenced on the face of
the plat.
Conditions of Approval
Kingsley Glen
#SU-99-4 KIVA#9900905
Page 9 of 10
d. The north 20 feet of lots 21 through 28, and the north 20 feet of lot
31 shall be placed within a Native Growth Protection Easement or
Sensitive Area Tract. This easement or tract shall be fenced with
an approved wildlife passable fence to delineate the protected firs
and black cottonwood trees specified by the eagle management
restnction given above. In addition, the Owner/Subdivider shall
provide a sign for each lot along this fence that is approved by the
Department of Public Works, and that advises each property owner
about the tree preservation provisions of the eagle management
plan for this subdivision. This tract or easement shall be included in
the tract or easement given to the City for the abutting wetland and
wetland buffers
9. Prior to release of any construction bonds, the Department of Public
Works must approve submitted As-Built Drawings meeting the
requirements of the City of Kent Construction Standards and City of Kent
Development Assistance Brochure #A-6, As-Build Drawings, for streets,
street lights, water mains, sewer mains, and storm water facilities
10. Direct vehicular access to 144"' Avenue Southeast shall not be permitted
for Lot 1, lot 2, or Lot 37, and the face of the recorded plat shall contain
the following restriction
RESTRICTION: DIRECT VEHICULAR ACCESS TO 1447H AVENUE
SOUTHEAST FROM LOT 1, LOT 2, AND LOT 37 IS NOT PERMITTED
11. The face of the plat shall contain the following restriction:
RESTRICTION: VEHICULAR ACCESS FROM SOUTHEAST 278TH
PLACE TO LOTS 11, 14, 13 & 12; AND TO LOTS 30, 31, 32, AND 33;
AND TO LOTS 21, 22, 23, AND 24, RESPECTIVELY, SHALL BE
RESTRICTED TO THE PRIVATE STREETS SHOWN ON THE FACE OF
THIS PLAT.
12. A 5-foot-wide ADA-compliant cement concrete walkway shall be
constructed from the westerly portion of the site, at approximately the cul-
de-sac bulb, to Horizon Elementary School, unless otherwise disallowed
by the Kent School District or Department of Public Works The exact
alignment of same shall be subject to review and approval of the Kent
School District and Department of Public Works. Said walkway shall be
fenced and lighted as approved by the Public Works Department. An
easement for same shall be granted to the City therefore.
Conditions of Approval
Kingsley Glen
#SU-99-4 KIVA#9900905
Page 10 of 10
13. In compliance with City of Kent Ordinance No. 2975, the applicant shall
dedicate as open space five (5) percent of the total property being
developed or pay a voluntary fee-in-lieu of dedication. This fee based on
1999 King County Assessors records is $22,501.79.
14 A six-foot high, solid wood fence shall be erected by the applicant on the
border of Dale Collier's western property edge and Lot 6.
B PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE
KINGSLEY GLEN SUBDIVISION (SU 99-4). THE OWNERISUBDIVIDER
SHALL:
1. Record the Plat
2. Construct all of the improvements required above.
3. Consider using rolling compactors during construction to alleviate any
potential liability from "vibrating impactors".
4. Receive approval for the required As-Built Drawings for Street, Street
Lights, Water Mains, Sewer Mains, and Storm water Facilities.
5. Pay the Environmental Mitigation Fee(s) for the South 272"d/South 277"'
Corridor project as required by the Conditions issued for the DNS issued
for#ENV 99-27.
6 Pay the Environmental Mitigation Fee(s) for East Fork of Soosette Creek
culvert improvement project as required by the Conditions issued for the
DNS issued for#ENV 99-27
7. The Owner/Subdivider/Developer shall provide mailboxes per the
standard and at locations approved by the Department of Public Works
and the U.S. Postmaster, along S 2780 Street at approximately the lot
line between proposed lots 6 and 7 (10 mailboxes), 14 and 15 (10
mailboxes), 26 and 27 (8 mailboxes), and 33 and 34 (8 mailboxes)
8. The property owner shall provide to owners/residents of each lot
information on mass transit opportunities in the vicinity of the site and
about the safe use and disposal of household hazardous waste, including
motor oil, in order to minimize surface water pollution. The Kent Planning
Department can provide the property owner with sample information
brochures that may be distributed or made available to residents to satisfy
this condition.
KINGSLEY GLEN PLAT ALTERATION
#PTA-2001-1
CONDITONS OF APPROVAL
10. Public Notice ith the requirements
outlined in th
DECISION
Based upon the preceding Findings of Fact and Conclusions, approval of the proposed
Kingsley Glen Plat (SU-99-4) Alteration as depicted on the modified preliminary plat
map is GRANTED, subject to the following conditions:
1. All conditions of approval from the Kingsley Glen Plat #SU-99-4 are valid for the
proposed revisions to the plat subject to the following revisions:
2. Condition B.10 formerly provided:
B. PRIOR TO RECORDING THIS SUBDIVISION:
10. Direct vehicular access to 144°i Avenue Southeast shall not be
permitted for Lot 1, Lot 2, or Lot 37, and the face of the recorded
plat shall contain the following restriction:
RESTRICTION: DIRECT VEHICULAR ACCESS TO 144T" AVENUE
SOUTHEAST FROM LOT 1, LOT 2, AND LOT 37 IS NOT
PERMITTED.
Condition B.10 shall be revised to read as follows:
B. 10. Direct vehicular access to 1441h Avenue Southeast shall not be
permitted for Lot 1, Lot 2, Lot B, and Lot C, and the face of the
recorded plat shall contain the following restriction:
RESTRICTION. DIRECT VEHICULAR ACCESS TO 144T"
AVENUE SOUTHEAST FROM LOT 1, LOT 2, LOT B, AND LOT C
IS NOT PERMITTED.
3. Condition B. 11 formerly required the following restriction on the face of the plat:
RESTRICTION: VEHICULAR ACCESS FROM SOUTHEAST 278T" PLACE TO
LOTS 11, 14, 13, & 12; AND TO LOTS 30, 31, 32, AND 33; AND TO LOTS 21,
22, 23, 24, RESPECTIVELY, SHALL BE RESTRICTED TO THE PRIVATE
STREETS SHOWN ON THE FACE OF THIS PLAT.
Condition B.11 shall be revised to include the following additional restriction and
requirements:
RESTRICTION: VEHICULAR ACCESS FROM SOUTHEAST 278T" PLACE TO
LOTS 1, 2, 1, B, C. AND 37 SHALL BE RESTRICTED TO THE PRIVATE
Hearing Examiner Findings and Decision
Kingsley Glen #SU-99-4
#PTA-2001-1 KIVA#2011369
Page 7
ACCESS EASEMENT OR TRACT SHOWN ON THE FACE OF THIS PLAT.
LOT 3 MAY HAVE EITHER DIRECT ACCESS TO SOUTHEAST 278T" PLACE
OR MAY USE THE ACCESS EASEMENT SERVING LOTS 1, 2, A, B, C, AND
37.
THE ACCESS EASEMENT OR TRACT SERVING THE ABOVE SEVEN (7)
LOTS SHALL BE OF SUFFICIENT WIDTH TO PROVIDE FOR THE
CONSTRUCTION OF A 20 FOOT WIDE ASPHALT PAVED PRIVATE
ROADWAY AND A 5 FOOT WIDE PAVED SIDEWALK ON ONE SIDE OF THE
ROADWAY CONNECTING WITH THE PUBLIC SIDEWALK ON THE NORTH
SIDE OF SOUTHEAST 278T" PLACE.
VEHICULAR ACCESS FROM SOUTHEAST 278T" PLACE TO LOTS 11, 14, 13,
& 12; AND TO LOTS 30, 31, 32, AND 33; AND TO LOTS 21, 22, 23, AND 24.
RESPECTIVELY, SHALL BE RESTRICTED TO THE PRIVATE STREETS
SHOWN ON THE FACE OF THIS PLAT.
Dated this 291h day of August, 2001.
JAMES M. DRISCOLL
Hearing Examiner
ch:S\Permit\Plan\PLATALTERATIONS\2001\2011369-2001-\findings doc
Hearing Examiner Findings and Decision
Kingsley Glen #SU-99-4
#PTA-2001-1 KIVA#2011369
Page 8
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Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: LID 353, S 228TH STREET CORRIDOR, FORMATION
ORDINANCE -ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No._,ordering the construction
of the South 228`h Street extension, establishing Local Improvement District("LID") 353,
and providing for the issuance and sale of LID warrants.
Resolution No. 1626, adopted on August 20, 2002, declared the City Council's intention
to order the construction of South 228`h Street Extension. At its September 17, 2002,
meeting, Council held a public hearing regarding the proposed improvement. At the
conclusion of the hearing, the Council determined that the improvements are in the best
interests of the City and requested that the City Attorney prepare an ordinance establishing
the necessary LID. This ordinance forms LID 353 in order to carry out the improvements
of the project
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Council
(Committee, Staff, Examiner, Commission, etc.)
5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION.
Council Agenda
Item No. 6K
i
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, ordering the construction of the
South 228`h Street Extension, from 54'h Avenue South to
Military Road, with a bridge over the Green River,
additional improvements to Military Road, sanitary sewer
improvements between 42nd Avenue South and Militar
Road, improvements to South 228" Street between 54'
Avenue South and 761h Avenue South, and sidewalk and
street lighting on 76'h Avenue South/4'h Avenue North
between South 220'h Street and SR 167, all consistent with
Resolution No 1626 of the City Council, establishing
Local Improvement District No 353, ordering the carrying
out of the proposed improvement, extending the period for
payment on Environmental Mitigation Agreements to
March 17, 2003, providing that payment for the
improvement be made in part by special assessments upon
the property in the District, payable by the mode of
"payment by bonds", and, providing for the issuance and
sale of local improvement district warrants redeemable in
cash or other short-term financing and local improvement
district bonds
WHEREAS, by Resolution No 1626 adopted August 20, 2002, the City
Council declared its intention to order the construction of South 2281h Street Extension,
from 50 Avenue South to Military Road, with a bridge over the Green River, additional
improvements to Military Road, sanitary sewer improvements between 42nd Avenue
South and Military Road and sidewalk and street lighting on 76`h Avenue South/4'h
Avenue North between South 220'h Street and SR 167, and fixed September 17, 2002, at
7 00 p in , local time, in the Council chambers of the City hall as the time and place for
hearing all matters relating to the proposed improvement and all comments thereon and
�jobjections thereto and for determining the method of payment for the improvement,
and
LID 353 Formation Ordinance
50343625 03
WHEREAS, the City's director of public works caused an estimate to
be made of the cost and expense of the proposed improvement and certified that
estimate to the City Council, together with all papers and information in his possession
touching the proposed improvement, a description of the boundaries of the proposed
local improvement district and a statement of what portion of the cost and expense of
the improvement should be home by the property within the proposed district, and
WHEREAS, that estimate is accompanied by a diagram of the proposed
improvement showing thereon the lots, tracts, parcels of land, and other property which
will be specially benefited by the proposed improvement and the estimated cost and
expense thereof to be home by each lot, tract and parcel of land or other property, and
WHEREAS, due notice of the above hearing was given in the manner
provided by law, and the hearing was held by the City Council on the date and at the
time above mentioned, and all persons appeanng at such hearing and wishing to be
heard were heard, and
WHEREAS, the improvements to be constructed should include
additional street and related improvements to South 2281h Street between 541h Avenue
South and 76`h Avenue South to provide a continuous arterial between Military Road
and 84`h Avenue South, and
WHEREAS, the City Council has determined it to be in the best
interests of the City that the improvement as hereinafter described be earned out and
that a local improvement district be created in connection therewith, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
!'DOES HEREBY ORDAIN as follows
SECTION I. The City Council of the City of Kent, Washington (the
"City"), orders the construction of the South 228'h Street Extension, from 50 Avenue
South to Military Road, with a bridge over the Green River, additional improvements to
Military Road, sanitary sewer improvements between 42nd Avenue South and Military
Road, improvements to South 228"' Street between 541h Avenue South and 76'11 Avenue
-2- LID 353 Formation Ordinance
5034362503
South, and sidewalk and street lighting on 76`h Avenue South/4`h Avenue North between
South 220'' Street and SR 167, as more fully described in Exhibit A, attached hereto and
by this reference made incorporated herein
All of the foregoing shall be in accordance with the plans and
specifications therefor prepared by the director of public works of the City, and may be
modified by the City Council as long as such modification does not affect the purpose
of the improvement
SECTION 2. There is created and established a local improvement
district to be called Local Improvement District No 353 of the City of Kent,
Washington (the "District"), the boundaries or territorial extent of the District being
more particularly described in Exhibit B attached hereto and by this reference
incorporated herein
SECTION3. The total estimated cost and expense of the improvement
is declared to be $30,000,000 Approximately $15,000,000 of the cost and expense
shall be bome by and assessed against the property specially benefited by such
improvement included in the District which embraces as nearly as practicable all
property specially benefited by such improvement, and the balance of such cost and
expense shall be paid by the City
SECTION4. In accordance with the provisions of RCW 35 44 047, the
City may use any method or combination of methods to compute assessments which
may be deemed to more fairly reflect the special benefits to the properties being
assessed than the statutory method of assessing the properties
SECTIONS. Local improvement district warrants may be issued in
payment of the cost and expense of the improvement herein ordered to be assessed,
such warrants to be paid out of the Local Improvement Fund, District No 353,
hereinafter created and referred to as the Local Improvement Fund, and, until the bonds
referred to in this section are issued and delivered to the purchaser thereof, to bear
interest from the date thereof at a rate to be established hereafter by the City's finance
department director, as issuing officer, and to be redeemed in cash and/or by local
-3- LID 353 Formation Ordinance
50343615 03
1 improvement district bonds herein authorized to be issued, such interest-bearing
warrants to be hereafter referred to as "revenue warrants " In the alternative, the City
hereafter may provide by ordinance for the issuance of other short-term obligations
pursuant to chapter 39 50 RCW
If the City shall authorize expenditures to be made for such
improvement (other than for any cost or expense expected to be bome by the City)
prior to the date that any short-term obligations or local improvement district bonds are
issued to finance the improvement, from proceeds of mterfund loans or other funds that
are not, and are not reasonably expected to be, reserved, allocated on a long-term basis
i or otherwise set aside to pay the cost of the improvement herein ordered to be assessed
i
against the property specially benefited thereby, the City declares its official intent that
those expenditures, to the extent not reimbursed with prepaid special benefit
assessments, are to be reimbursed from proceeds of short-term obligations or local
improvement district bonds that are expected to be issued for the improvement in a
principal amount not exceeding S 15,000,000,
The City is authorized to issue local improvement district bonds for the
District which shall bear interest at a rate and be payable on or before a date to be
hereafter fixed by ordinance The bonds shall be issued in exchange for and/or in
redemption of any and all revenue warrants issued hereunder or other short-term
obligations hereafter authorized and not redeemed in cash within twenty days after the
expiration of the thirty-day period for the cash payment without interest of assessments
on the assessment roll for the District The bonds shall be paid and redeemed by the
collection of special assessments to be levied and assessed against the property within
the District, payable in annual installments, with interest at a rate to be hereafter fixed
by ordinance under the mode of "payment by bonds," as defined by law and the
ordinances of the City The exact form, amount, date, interest rate and denominations
of such bonds hereafter shall be fixed by ordinance of the City Council Such bonds
shall be sold in such manner as the City Council hereafter shall determine
SECTION 6. For the purpose of paying all or a part of the costs of
carrying out the improvements within the District pending the receipt of the proceeds
of the issuance and sale of the bonds or short-term obligations referred to in Section 5,
-4- LID 353 Formation Ordinance
solm625 0]
interfund loans from the General Fund and/or Street Fund to the Local Improvement
Fund in the maximum aggregate amount of$15,950,000 are authorized and approved,
those loans to be repaid on or before the issuance of such bonds or libations from the
proceeds thereof Each of the interfund loans shall bear interest at a variable rate,
adjusted the 15`t' and last day of each month, equal to the interest rate of the State of
Washington Local Government Investment Pool on the 15th and last day of each
month The initial interest rate on the date of each mterfund loan shall be determined
as of the last preceding interest payment adjustment date
SECTION 7. Certain properties located within the boundaries of the
District, as described in Exhibit B, are subject to Environmental Mitigation
Agreements ("EMAs") EMAs provide, in part, for payment of a proportionate share
of the cost of the proposed improvements or by participating in the District Properties
that have paid pursuant to EMAs may have no further obligations for the proposed
I
improvements To provide additional time to properties to pay under EMAs, and to
minimize City cost and expense, the time to pay under EMAs is hereby extended to
March 17, 2003 After March 17, 2003, properties shall pay consistent with
chapter 35 49 RCW or other applicable law
SECTION 8. In all cases where the work necessary to be done in
connection with the making of such improvement is carried out pursuant to contract
upon competitive bids (and the City shall have and reserves the right to reject any and
all bids), the call for bids shall include a statement that payment for such work will be
made in cash warrants drawn upon the Local Improvement Fund
SECTION 9. The Local Improvement Fund for the District is created
and established in the office of the finance department director of the City The
proceeds from the sale of revenue warrants or other short-term obligations drawn
against the fund which may be issued and sold by the City and the collections of
special assessments, interest and penalties thereon shall be deposited in the Local
Improvement Fund Cash warrants to the contractor or contractors in payment for the
i�
work to be done by them in connection with the improvement and cash warrants in
payment for all other items of expense in connection with the improvement shall be
issued against the Local Improvement Fund,
-5- LID 353 Formation Ordinance
50343625 03
SECTION10. Within 15 days of the passage of this ordinance there
shall be filed with the finance department director of the City the title of the
improvement and District number, a copy of the diagram or print showing the
boundaries of the District and the preliminary assessment roll or abstract of such roll
showing thereon the lots, tracts and parcels of land that will be specially benefited
thereby and the estimated cost and expense of such improvement to be bome by each
lot, tract or parcel of land The finance department director of the City immediately
shall post the proposed assessment roll upon her index of local improvement
assessments against the properties affected by the local improvement
I I
SECTION 11. This ordinance shall take effect and be in force five (5)
days from and after its passage, approval and publication as required by law
I,
�I
JIM WHITE,MAYOR
ATTEST
�I
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
I I
P. STEPHEN DiTnIO,
FOSTER PEPPER& SHEFELMAN PLLC
Passed the day of October, 2002
Approved the day of October, 2002
Published the day of October, 2002
i
-6- LID 353 Formation Ordinance
50343625 03
CERTIFICATION
I, the undersigned, city clerk of the City of Kent, Washington (the "City"),
hereby certify as follows.
1. The attached copy of Ordinance No _ (the "Ordinance") is a full,
true and correct copy of an ordinance duly passed at a regular meeting of the City
Council of the City held at the regular meeting place thereof on October 1, 2002, as
that ordinance appears on the minute book of the City, and the Ordinance will be in
1 full force and effect five days after the publication of its summary in the City's official
newspaper, and
2 A quorum of the members of the City Council was present throughout
the meeting and a majority of those members present voted in the proper manner for
the passage of the Ordinance
IN WITNESS WHEREOF, I have hereunto set my hand this _day of
October, 2002
CITY OF KENT, WASHINGTON
BRENDA JACOBER, City Clerk
50343625 03
EXHIBIT"A"
LID 353
S. 228`h STREET EXTENSION
(76TH AVENUE S. TO KENT-DES MOINES ROAD [SR-5161)
PROPOSED S. 228TH STREET EXTENSION
The proposed L I D will construct the South 2281h Street Extension, from 541h
Avenue South to Military Road, with a bridge over the Green River, and
additional improvements to Military Road to accommodate the new roadway
The new roadway will be 5 lanes (4 lanes on bridge) with turning lanes at major
intersections Sidewalks will be placed along both sides of the roadway with
street lighting and street trees where practical Storm drainage will be
constructed as necessary 42"d Avenue South will be constructed from its
existing terminus in the Riverview Community to South 2281h Street
PROPOSED SANITARY SEWER EXTENSION
The proposed L.I D will also include a sanitary sewer in the S 228`h Street
extension between 42"d Avenue South and Military Road to serve properties on
the west hill
PROPOSED 76TH AVENUE SOUTH/4TH AVENUE NORTH IMPROVEMENTS
The proposed L I D will also include sidewalks and street lighting on 76th
Avenue South/ 4th Avenue North between S 2201h Street and SR 167 along
properties that currently do not have these improvements
PROPOSED 72ND AVENUE LEFT-TURN LANE
Construct an eastbound-to-northbound left-turn lane on S 2281h Street to
accommodate turning traffic.
PROPOSED S. 228" HALF-STREET AND FRONTAGE IMPROVEMENTS
Complete half-street and frontage improvements between 541h Avenue S and
64th Avenue S to provide a continuous arterial between 84m Avenue S and
Military Road, including widening, sidewalks, street lighting, drainage and
other improvements
Complete frontage and lane improvements between SR-181 and the Burlington
Northern railroad tracks, including sidewalks and street lighting
Exhibit A-1
50343625 03
Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: APPOINTMENT / RE-APPOINTMENTS TO KENT DIVERSITY
ADVISORY BOARD
2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Ms. Joyce
Drake to serve as a member of the Kent Diversity Advisory Board. Ms. Drake was
certified as a Diversity Trainer for Department of Economic Security in Phoenix, Arizona
and developed a diverse work unit for the Division of Licensed Resources in King County.
She has skills and experience which will be helpful to her as a member of the Diversity
Advisory Board She will replace Ms. Moon Bang and her term will continue until
9/30/2003.
Confirmation of the reappointment of Mr. Roberto Gonzales and Mr. Ahmed Egal to
continue as Board members. Their new terms will continue until September 30,2005.
3. EXHIBITS: Memo from the Mayor
4. RECOMMENDED BY: Mayor
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION-
Council Agenda
Item No. 6L
OFFICE OF THE MAYOR
Jim White, Mayor
Phone 253-856-5700
Fax 253-856-6700
• Address 220 Fourth Avenue S
KENT Kent,WA 98032-5895
WASHINGTON
MEMORANDUM
TO JUDY WOODS, COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM JIM WHITE, MAYOR
DATE SEPTEMBER 20, 2002 VVV
RE- APPOINTMENT AND REAPPOINTMENTS TO KENT DIVERSITY
ADVISORY BOARD
I have appointed Ms Joyce Drake to serve as a member of the Kent Diversity Advisory Board
Ms Drake was certified as a Diversity Trainer for Department of Economic Security in Phoenix,
Arizona and developed a diverse work unit for the Division of Licensed Resources in King
County She has skills and experience that will be helpful to her as a member of the of the
Diversity Advisory Board
She will replace Ms Moon Bang and her term will continue until 9/30/2003
I have also reappointed Mr Roberto Gonzales and Mr Ahmed Egal to continue as Board
members Their new terms will continue until 9/30/2005
I submit this for your confirmation
Jb
Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: TEMPERANCE STREET VACATION - ORDINANCE
2. SUMMARY STATEMENT: Passage of Ordinance No. vacating a portion of
Temperance Street lying east of 40' Avenue, as approved by Council, without conditions,
at it's September 17 meeting.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS-
7 CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6M
I
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington,relating to the vacation of a portion of the
west 576.71 feet of Temperance Street as dedicated within the
plat of Ramsey's Addition in Volume 16 of plats, page 89
recorded in King County, Washington except the west 12 88
feet thereof in the City of Kent
I
WHEREAS, pursuant to Ordinance No 1934, the Kent City Council
I
initiated by Resolution No 1625,the vacation of a portion of Temperance Street in the City
of Kent, King County, Washington, and
II I
WHEREAS,the planning services office secured technical facts pertinent
to the question of this vacation; and
WHEREAS, the City Council fixed a time for a public hearing on the
vacation and the hearing was held with proper notice on September 17, 2002, in the City
Council Chambers of the Kent City Hall, and
WHEREAS, after the public hearing on September 17, 2002, the City
Council approved the street vacation finding that the portion of street sought to be vacated
is (1) a dedicated street that is presently unused, (2)not abutting on a body of water and,
therefore,not suitable for acquisition for port purposes,boat moorage,boat launching sites,
1 Street Vacation-
Temperance Street
parks,viewpoints, recreational purposes, education purposes, or other public use, and(3)
a vacation that is in the public interest, and
WHEREAS, the City Council has directed the preparation of an ordinance
vacating the portion of said street,NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS
SECTION I. The foregoing recitals are incorporated as if fully set forth
herein
SECTION 2. That a portion of Temperance Street in the City of Kent as
described in Exhibit "A", which is attached and incorporated herein by this reference, is
hereby vacated
SECTION 3. No vested rights shall be affected by the provisions of this
i
ordinance.
SECTION 4. 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
2 Street Vacation-
Temperance Street
SECTION S. This ordinance shall take effect and be in force thirty(30)
days from and after its passage, approval and publication as provided by law
J1M WHITE, MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM-
TOM BRUBAKER, CITY ATTORNEY
PASSED day of 2002
APPROVED day of 2002
I
PUBLISHED day of 2002
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
BRENDA JACOBER, CITY CLERK
P\Cm➢OrduuncePoacamTengnencc doc
3 Street Vacation-
Temperance Street
LEGAL DESCRIPTION FOR
TEMPERANCE STREET VACATION
THE WEST 576.71 FEET OF TEMPERANCE STREET AS DEDICATED
WITHIN THE PLAT OF RAMSAYS ADDITION IN VOLUME 16 OF
PLATS, PAGE 89 RECORDED IN KING COUNTY, WASHINGTON
EXCEPT THE WEST 12.88 FEET THEREOF.
EXHIBIT "A"
Page 1 of 2
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— 15 H111V5
Kent City Council Meeting
Date October 1. 2002
Category Consent Calendar
1. SUBJECT: CINGULAR WIRELESS CELL TOWER AT LAKE FENWICK
LEASE —AUTHORIZE AND AMEND BUDGET
2. SUMMARY STATEMENT: Based upon review and approval by the Legal
Department and the Parks Director, authorize the Mayor to enter into an agreement with
Cingular Wireless to lease property for cellular antennas atop poles at West Fenwick Park
for a compensation of $1,250.00 per month, which would go into the light pole
replacement budget.
Cmgular Wireless proposes to lease approximately 216 square feet (18' X 12') from the
parks department adjacent to an existing Puget Sound Energy(PSE)utility pole. Pending
approval from PSE, Cmgular would replace the 40 ft existing PSE utility pole with a 90
ft pole and attach antennas atop the new pole.
3. EXHIBITS: Memo from Project Manager, Copy of Lease, Agreement and Exhibits
4. RECOMMENDED BY: Staff. Parks Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION:
Council Agenda
Item No. 6N
Parks, Recreation and Community Services
Memorandum
To City Council Parks Committee
Copy John M Hodgson, Director
From Shane Gilbertson, Project Manager- Parks Planning and
Development
Date April 3, 2002
Subject Cell Tower at West Fenwick-Authorize
Cingular Wireless approached the Parks Department wanting to install a cell tower and
radio equipment on a undeveloped corner of the parks department property The
property is across the street from West Fenwick Park on the southwest corner of the
intersection of Reith Road and 42"d Avenue South
Cingular Wireless proposes to lease approximately 216 square feet (18' X 12') from the
parks department adjacent to an existing Puget Sound Energy (PSE) utility pole
Pending approval from PSE, Cingular would replace the 40ft existing PSE utility pole
with a 90ft pole and attach antennas atop the new pole In return for the 216 square foot
land lease, Cingular shall pay the City of Kent $1250 00 per month in compensation for
the lease which would go into our light pole replacement budget
Recommended Motion: move to authorize the Mayor to enter into a lease agreement
with Cingular Wireless, and amend the light pole replacement budget
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0 LEASE AGREEMENT
THIS LEASE AGREEMENT("Lease's is entered into by and between the CITY OF KENT,
Washington municipal corporation ("Landlord") and Cingular Wireless LLC, a Delaware limited
liability company, on behalf of Pacific Bell Wireless Northwest, LLC, a Delaware limited liability
company, d/b/a Cmgular Wireless, with its principal office in Washington located at 2445 140`h
Avenue NE, Suite 202, Bellevue, Washington 98005 (Tenant")
Backg of and
A Landlord is the owner in fee simple of a parcel of land located in the City of Kent,
King County, Washington, legally descnbed on the attached Exhibit A
B. Tenant is in the communications business and desires to lease a portion of the
Landlord's property described below, which is legally described on the attached Exhibit B,together
with a nonexclusive access easement, which is legally described on the attached Exlubit C, from
Landlord.
C Accordingly, the parties are entering into this Lease on the terms and conditions set
forth below
Aereement
In consideration of their mutual covenants,the parties agree as follows:
1 Leased Premises Landlord leases to Tenant and Tenant leases from Landlord the real
property legally descnbed on the attached Exhibit B (the" Land") together with a non-exclusive
easement for ingress, egress and utilities over the adjacent real property legally described on the
attached Exhibit C (the "Access Easement") The Land and the Access Easement are collectively
referred to as the "Premises"
This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way Any
such franchise or permit must be obtained separately from Landlord.
2 Term and Option to Renew. This Lease shall commence on the earlier of. (a) nine
(9) months after the date of this Lease has been signed by both parties, or (b) the date Tenant
commences construction of its improvements at the Premises(the"Commencement Date"), and end
on the date that is one day before the five year anniversary of the Commencement Date
Additionally, so long as Tenant is not in default of this Lease,Tenant shall have the option to renew
this Lease for three(3) additional five (5)year penods subject to the adjustment of Annual Rent as
described in Section 3 Should Tenant exercise its option to renew this Lease,that option must be
exercised in writing and delivered to Landlord at least ninety(90) calendar days before the end of
the term then in effect.
LEASE AGREEMENT—Page 1 of 16
(Landlord City of Kent Tenant Cmgular Wireless Lake Fenwrek WA645-02) (Seplember20 2002)
3. Rent.
a. Tenant agrees to pay Landlord as Annual Rent,without notice or demand,the
sum of FIFTEEN THOUSAND AND NO1100 DOLLARS ($15,000 00), plus leasehold tax, if
required by law, at a rate established by the State of Washington, currently 12.84%, commencing on
the Commencement Date. Subsequently, the Annual Rent shall be paid in advance, on or before the
first day of the anniversary of the Commencement Date during the term hereof Annual Rent shall
be mailed to City of Kent,220 Fourth Avenue South,Kent,Washington 98032, Attention: Facilities
Superintendent
b Tenant shall pay Landlord a late payment charge equal to five percent (5%)
of the Annual Rent for any payment not paid,within five (5) calendar days of when due Any
amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent(2%)
per month
c For each additional antennae installed by Tenant beyond the initial array
described in Exhibit C, Tenant shall pay an additional annual fee in an amount to be determined by
the parties, which shall increase annually under the same terms provided in this Lease and shall
become part of the Annual Rent
d The Annual Rent during years two (2) through five (5) of each five(5)year
term shall be increased effective as of each anniversary of the Commencement Date by an amount
equal to the greater of four percent (4%) or the percentage increase in the CPI over the CPI for the
month 12 months prior to the adjustment date. "CPP' means the Consumer Price Index for All
Urban Consumers, U S City Average, All Items, issued by the Bureau of Labor Statistics for the
United States Department of Labor(1982-84= 100) If the CPI is converted to a different standard
reference base or otherwise revised,the adjustment set forth in this paragraph shall be made with the
use of the conversion formula published by the Bureau of Labor Statistics.
e The Annual Rent during the first year of each renewal term will be adjusted
to Market Rent As used herein, "Market Rent' means the rent paid for similar uses on similar
properties in the greater Puget Sound area If Landlord and Tenant cannot agree upon Market Rent
within thirty(30) days after Tenant presents its proposal for Market Rent, then the matter shall be
settled by binding arbitration by a single arbitrator who has experience in real estate leasing matters
Tenant shall present its proposal for Market Rent when it exercises its option to renew the Lease.
The arbitration will be administered by JAMS if the parties have not otherwise agreed to use a
different arbitrator or arbitration process Each party will submit to the arbitrator and each other at
least ten(10) days in advance of the hearing their best offers of Market Rent The arbitrator shall
be limited to choosing one of the two proposed Market Rent figures, and the arbitrator shall award
the Market Rent figure that is closest to the true Market Rent The costs of the arbitration shall be
borne by the party whose Market Rent figure was not selected by the arbitrator Each party will bear
the cost of its own attorneys fees,
f Annual Rent, and all other consideration to be paid or provided by Tenant to
Landlord shall constitute Rent and shall be paid or provided without offset.
LEASE AGREEMENT—Page 2 of 16
(Landlord City of Kent, Tenon! Cmgular Wireless Lake Fenw¢k WA645-02) (September 20,2002)
4 Use of Premises
a Tenant shall use the Premises for the purpose of constructing and operating
wireless communications antennas on an existing Puget Sound Energy pole, and constructing and
operating related wireless communications ground equipment, support structures and cables
("Antennae Facilities'), and for no other purpose. Tenant shall have access to the Premises twenty-
four(24)hours a day, seven(7) days a week
b Tenant shall, at its expense, comply with all present and future federal, state,
and local laws, ordinances, rules and regulations (including laws and ordinances relating to health,
radio frequency emissions, other radiation and safety) in connection with the use, operation,
maintenance, construction and/or installation of the Antennae Facilities and/or the Premises.
C. (1) The Tenant shall remove the Antennae Facilities from the Premises
upon termination of the Lease Such removal shall be done in a workmanlike and careful manner
and without interference or damage to any other equipment, structures or operations on the Premises,
including use of the Premises by Landlord or any of Landlord's assignees or lessees.
(2) Upon removal of the improvements (or portions thereof) as provided
above in subpart (1), Tenant shall restore the affected area of the Premises to the reasonable
satisfaction of Landlord
(3) All costs and expenses for the removal and restoration to be
performed by Tenant pursuant to subparts (1) and (2) above shall be home by Tenant, and Tenant
shall hold Landlord harmless from any portion thereof
5 Tenant Improvements, Plans, Bonds
a (1) Tenant may improve the Premises by constructing wireless
communications antennas on an existing Puget Sound Energy pole, and constructing related wireless
communications ground equipment, support structures and cables Tenant is required, as part of this
Lease, to complete all the items listed in Exhibit D. Tenant is responsible to provide all labor,
materials, and equipment necessary for the items listed in Exhibit D Prior to commencing
construction, Tenant shall submit plans and specifications drawn to scale for all improvements to
Landlord for Landlord's written approval, such approval not to be unreasonably withheld, No
improvement, construction, installation or alteration shall be commenced until plans for such work
have been approved by the Landlord and all necessary permits have been properly issued.
Landlord's Parks, Recreation & Community Services Department shall give such approval or
provide Tenant with its requests for changes within thirty (30)working days of Landlord's receipt
of Tenant's work plans If Landlord's Parks, Recreation & Community Services Department does
not provide such approval or request for changes within such thirty (30) working day period,
Landlord's Parks,Recreation &Community Services Department shall be deemed to have approved
the plans. The plan and specifications review schedule described above does not apply to the City
of Kent acting as a governmental entity issuing permits and other approvals for the work Tenant is
requesting to perform, whose schedule is governed by applicable law
LEASE AGREEMENT—Page 3 of 16
(Landlord City of Kent, Tenant Cmgular Wtrelm Lake Fenwtck WA 645-02) (September 20,2002)
(2) All improvements shall be constructed in a workmanlike manner
without the attachment of any liens to the Premises and shall be completed in compliance with all
applicable laws, rules, ordinances and regulations.
(3) Tenant shall conform and comply with all local land use,regulatory,
or building permit conditions issued by the City of Kent in connection with the construction,
operation, or maintenance of Tenant's facilities contemplated in this Lease.
(4) No improvements or modifications to improvements shall be made
without the Landlord's consent. Moreover, any such improvements or modifications are subject
to the conditions set forth in section a. (1), (2), (3), and(4)above
b (1) The Antennae Facihties shall remain the property of Tenant and
Tenant shall remove the Antennae Facilities upon termination of the Lease Such removal shall be
done in a workmanlike and careful manner and without interference or damage to any other
equipment, structures or operations on the Premises, including use of the Premises by Landlord or
any of Landlord's assignees or lessees. If,however, Tenant requests permission not to remove all
or a portion of the improvements, and Landlord consents to such non-removal, title to the affected
improvements shall thereupon be transferred to Landlord and the same thereafter shall be the sole
and entire property of Landlord, and Tenant shall be relieved of its duty to otherwise remove same
All other alterations, improvements and structures located or constructed on the Premises (except
for movable equipment and trade fixtures), shall become the property of Landlord upon termnation
of the Lease, except that Landlord may, by written notice to Tenant, require Tenant to remove all
such improvements upon termination of the Lease Any personal property, equipment, or other
improvements which are not removed upon termination of this Lease shall become the property of
Landlord, at Landlord's option
(2) Upon removal of the improvements (or portions thereof) as provided
above in subpart 5 b (1), Tenant shall restore the affected area of the Premises to the reasonable
satisfaction of Landlord.
(3) All costs and expenses for the removal and restoration to be
performed by Tenant pursuant to subparts 5 b(1) and(2) above shall be borne by Tenant, and Tenant
shall hold Landlord harmless from any portion thereof.
c Tenant shall annually post a bond (or, at Tenant's option, a letter of credit)
from'a surety or bank reasonably acceptable to Landlord, in the amount of Fifteen Thousand Dollars
($15,000 000)to assure that the necessary funds will be available at the termination of the Lease for
removal of all improvements.
6. Use by Other Providers
a. Tenant shall design and construct the Antenna Facilities to accommodate 1
(one) other telecommunications provider("Other Provider') Toward this end,Tenant shall design
and construct the tower so that 2(two) antennae or antennae arrays may be placed on it Tenant shall
LEASE AGREEMENT—Page 4 of 16
(Landlord City of Kent, Tenant Gngular Wireless Lake Fenwtck WA645-02) (September 20,2002)
also design and construct all ancillary support facilities, including any support buildings, so that 1
(one) Other Provider will have an adequate amount of space to house their own support equipment
b. Tenant shall cooperate with each new Other Provider in connection with their
locating and placing their antennas and other facilities on the Premises and in the ancillary support
facilities.
C. Each new Other Provider shall be solely responsible for the cost of locating
and placing their equipment on the Premises The Other Provider shall also be responsible for any
liabilities that anse from the Other Provider's use of the Premises.
d Within thirty(30)days after receipt,Tenant shall notify Landlord in writing
of all sublease or assignment requests or proposals which Tenant receives for use of the Premises.
Tenant shall immediately provide Landlord with any information relating to a lease to an Other
Provider as requested by Landlord. Failure to comply with this provision shall place Tenant in
default and give Landlord the option of exercising any of the rights described in this Lease
7 Net Lease Landlord shall not be required to make any expenditures of any kind in
connection with this Lease or to make any repairs or improvements to the Premises The parties
agree that this is a net Lease intended to assure Landlord the rent reserved on an absolute net basis.
In addition to the Annual Rent reserved above, Tenant shall pay to the parties entitled thereto all
taxes, assessments, insurance premiums,maintenance charges, and any other direct charges, costs
and expenses against the Premises which may be contemplated under any provisions of this Lease
S Maintenance
a Tenant shall, at its own expense,maintain the Premises and all unprovements,
equipment and other personal property on the Premises in good working order, condition and repair
Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive
nature or which would create a hazard or undue vibration,heat, noise or interference Tenant shall
install, maintain, and replace, when necessary, all landscaping on the Premises required by City of
Kent permits
b. In the event the Landlord or any other Tenant undertakes painting,
construction or other alterations on the Landlord's property described in Exhibit A,Tenant shall take
reasonable measures, at Tenant's cost, to cover Tenant's equipment, personal property or Antennae
Facilities and protect them from paint and debris fallout which may occur during the painting,
construction or alteration process This requirement shall not be interpreted as a waiver of any claim
Tenant may raise either against Landlord or any third party due to their negligence, so long as Tenant
has taken reasonable measures to protect Tenant's equipment, property, and facilities as required
above
9 Access Landlord and its agents shall have the right to enter the Premises at
reasonable times to examine and inspect the Premises
LEASE AGREEMENT—Page 5 of 16
(Landlord City oJKent, Tenant Cmgular Wireless Lake Fenwmk WA645-02) (September20 2002)
10. Utilities. Tenant shall,at its expense, separately meter charges for the consumption
of electricity and other utilities associated with its use of the Premises and shall tunely pay all costs
associated therewith
11 License Fees. Tenant shall pay, as they become due and payable, all fees, charges,
taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use
of the Premises
12. Approvals: ComRhance with Laws. Tenant's use of the Premises is contingent upon
its obtaining all certificates,permits,zoning, and other approvals that may be required by any federal,
state or local authority. Tenant shall erect, maintain and operate its Antennae Facilities in
accordance with site standards, statutes, ordinances, rules and regulations now in effect or that may
be issued thereafter by the Federal Communications Comrmssion or any other governing bodies
13. Interference.
a Tenant's installation, operation, and maintenance of its transmission facilities
shall not damage or interfere in any way with Landlord's activities on the Premises. Tenant agrees
to correct, within thirty (30) calendar days, all such actions which materially interfere with
Landlord's use of the Premises. Tenant agrees to promptly commence good faith efforts to cure
interference upon actual notice of such interference If the interference cannot be corrected without
Tenant's wireless signal coverage goals from the Premises being materially impacted, Tenant shall
have the right to terminate the Lease.
b Before approving the placement of Antennae Facilities, Landlord may obtain,
at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere
with any existing communications facilities on the Premises
C. In the event any other party requests a lease and/or permission to place any
type of additional antennae or transmission facility on the Premises, Landlord shall submit a proposal
complete with all technical specifications reasonably requested by Tenant to Tenant for review for
noninterference; however, Landlord shall not be required to provide Tenant with any specifications
or information claimed to be of a proprietary nature by the third party The third party shall be
responsible for the reasonable cost of preparing the technical specifications for its proposed
transmission facility. Tenant shall have fifteen(15) calendar days following receipt of said proposal
to make any objections thereto, and failure to make any objection within said fifteen(15) calendar
day period shall be deemed consent by Tenant to the installation of Antennae or transmission
facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during
such fifteen(15) calendar day period and Tenant's objections are verified by Landlord to be valid,
then Landlord shall not proceed with such proposal unless the third party modifies the proposal in
a manner determined, in Landlord's reasonable judgment, to adequately eliminate reasonable
interference concerns asserted by Tenant In that case, Landlord may proceed with the proposal. A
governmental unit may be allowed to place Antennae or other communications facilities on the
Premises as long as there is no interference with Tenant's use ,
LEASE AGREEMENT—Page 6 of 16
(Landlord City of Kent, Tenant Cmgular Wireless Lake Fenwick WA645-02) (September 20.2002)
14. Default and Landlord's Remedies It shall be a default if Tenant defaults in the
payment of Annual Rent or any other sums payable to Landlord when due, and does not cure such
default within thirty(30) calendar days after written notice from Landlord It shall be a default if
Tenant abandons or vacates the Premises, or if Tenant fails, at any time during this Lease(including
optional renewal periods), to conform or comply with any local land use, regulatory, or building
permit conditions issued by the City in connection with the construction, operation, or maintenance
of Tenant's facilities contemplated in this Lease, or if Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors, or of Tenant becomes insolvent It shall be a default if
either party defaults in the performance of any other covenant or condition of this Lease and does
not cure such other default within thirty (30) calendar days after written notice from the non-
defaulting party specifying the default at issue
In the event of an instance of Tenant's default as identified in this Section 14, Landlord shall
have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have
by operation of law, without any further demand or notice, to re-enter the Premises and eject all
persons therefrom and declare this Lease at an end, in which event Tenant shall immediately remove
the Antennae Facilities(and proceed as set forth in paragraph 5 b and pay Landlord a sum of money
equal to the total of(1) the amount of the unpaid rent accrued through the date of termination, (2)
Landlord's direct costs associated with Tenant's default, and(3) Liquidated Damages in the amount
of six (6) months rent
In the event of an instance of Landlord's default as identified in this Section 14,Tenant shall
have the right, at its option and not exclusive of any other remedy Tenant may have by operation of
law, and without any further demand or notice, to terminate this Lease
In the event of any claim, suit, or other action brought for recovery of possession of the
Premises, for the recovery of any rent or any other amount due under the provisions of this Lease,
or because of the breach of any other covenant between Tenant and Landlord, each party in any such
claim shall be responsible for all its expenses incurred therefor, including attorney fees
15 Cure by Landlord In the event of any default of this Lease by Tenant,the Landlord
may at any time, after notice, cure the default for the account of and at the expense of the Tenant
If Landlord is compelled to pay or elects to pay any sum of money or to do any act which will require
the payment of any sum of money or is compelled to incur any expense, including reasonable
attorney fees in instituting,prosecuting or defending any action to enforce the Landlord's rights under
this Lease, the sums so paid by Landlord,with all interest, costs and damages shall be deemed to be
Additional Rent and shall be due from the Tenant to Landlord on the first day of the month following
the incurring of the respective expenses If Tenant disputes the appropriateness of the Additional
Rent in good faith, Tenant will pay such Additional Rent "under protest" Any payment under
protest by Tenant shall not be considered an admission of liability or a waiver of Tenant's rights
under this Agreement, and such payment shall be subject to refund if Tenant's position is upheld by
a or arbitrator
16 Optional Termination Except for instances of default as set forth in Section 14,
above, this Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license,
permit, or other governmental approval necessary for the construction and/or operation of the
LEASE AGREEMENT—Page 7 of 16
(Landlord Cay ajKent Tenant Cmgular Wireless Lake Fenwrck WA645-02) (September 20 1002)
Antennae Facilities or Tenant's business; (b) by Landlord if the Landlord decides, in its sole
discretion for any reason, to discontinue use of the Premises for city or public purposes; (c) by
Landlord if it determines through verifiable scientific evidence that continued use of the Premises
by Tenant is in fact a threat to health, safety or welfare, (d)by Landlord if Landlord determines that
Tenant's use of the Premises violates applicable laws or ordinances, or (e) by Landlord if Tenant
loses its license to provide PCS/cellular service for any reason, including, but not limited to,
nonrenewal, expiration, or cancellation of its license
17. Removal of Facilities Upon Termination Upon termination of this Lease for any
reason, Tenant shall remove its equipment, personal property, Antennae Facilities, and leasehold
improvements from the Premises within thirty(30) calendar days from the date of termination, and
shall repair any damage to the Premises caused by such equipment, normal wear and tear excepted;
all at Tenant's sole cost and expense Without waiving any other rights Landlord may have under
this Lease, if any such property or facilities are not removed or necessary repairs made to the
satisfaction of Landlord by the end of this thirty (30) day time period after termination, Landlord
may, at its option, assume ownership of that property by recording notice thereof with the Recorder's
office at King County, Washington, or use the proceeds of the bond or letter of credit under
subsection 5 c to remove the equipment, personal property, Antennae Facilities, and leasehold
improvements and/or repair any damage to the Premises,normal wear and tear excepted
18 Termination:Notice. Notice of Tenant's termination pursuant to paragraph 16 shall
be given to Landlord in writing at least thirty(30) calendar days prior to the termination date(with
the sole exception of subsection 16(c),which shall be subject to immediate termination upon giving
written notice)by certified mail,return receipt requested, and shall be effective no sooner than thirty
(30) calendar days from the date of receipt of that notice. Landlord may retain such amounts as
necessary from all rentals paid for the Lease of the Premises prior to said termination date to cover
Landlord's economic loss resulting from Tenant's termination
19 Damage or Destruction If Tenant's improvements or any portion thereof are
destroyed or damaged so as to materially hinder effective use of the Premises through no fault or
negligence of Tenant,Tenant may elect to terminate tlus Lease upon thirty(30)calendar days'written
notice to Landlord In such event, Tenant shall promptly remove the all improvement from the
Premises as set forth in Section 5.b above This Lease(and Tenant's obligation to pay rent) shall
terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at which
termination Tenant shall be entitled to the reimbursement of any Annual Rent prepaid by Tenant.
Landlord shall have no obligation to repair any damage to any portion of the Premises
20. Condemnation In the event the Premises are taken by eminent domain, this Lease
shall terminate as of the date title to the Premises vests in the condemning authority In event a
portion of the Premises is taken by eminent domain, either party shall have the right to terminate this
Lease as of said date of title transfer,by giving thirty(30) days written notice to the other party In
the event of any taking under the power of eminent domain, Tenant shall not be entitled to any
portion of the reward paid for the taking and the Landlord shall receive full amount of such award
Tenant shall hereby expressly waive any right or claim to any portion thereof although all damages,
whether awarded as compensation for diminution in value of the leasehold or to the fee of the
Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the
LEASE AGREEMENT—Page 8 of 16
(Landlord Gry of Kent, Tenant Cmgular Wireless Lake Fenmek WA645-02) (September 20,2002)
condemning authority, but not from Landlord, such compensation as may be separately awarded or
recoverable by Tenant on account of any and all damage to Tenant's business and any costs or
expenses incurred by Tenant in moving/removing its equipment, personal property, Antennae
Facilities, and leasehold improvements.
21 Indemnity and Insurance
a Disclaimer of Liability. Landlord shall not at any time be liable for injury or
damage occurring to any person or property from any cause whatsoever arising out of Tenant's
negligent construction,maintenance,repair,use, operation, condition or dismantling of the Premises
or Tenant's Antennae Facilities and any other improvements made by Tenant.
b Indemnification Tenant shall, at its sole cost and expense, indemnify and
hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord,now
existing or hereinafter created, and their respective officers, boards, commissions,employees, agents,
attorneys, and contractors (hereinafter referred to as"Indemnitees'), from and against.
(1) Any and all liability, obligation, damages, penalties, claims, liens,
costs, charges, losses and expenses (including, without hmitation,reasonable fees and expenses of
attorneys, expert witnesses and consultants),which maybe imposed upon, incurred by or be asserted
against the Indemmtees by reason of any intentional or negligent act or omission of Tenant, its
personnel, employees, agents, contractors or subcontractors, resulting an personal injury, bodily
. injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or
intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade
name, copyright,patent, service mark or any other right of any person, firm or corporation, which
may anse out of or be in any way connected with the construction, installation, operation,
maintenance, use or condition of Tenant's Antennae Facilities, Tenant's use of the Premises,
Tenant's other improvements, or Tenant's failure to comply with any federal, state or local statute,
ordinance or regulation
(2) Any and all liabilities,obligations, damages, penalties, claims, liens,
costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of
attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted
against the Indemnitees by reason of any claim or lien ansmg out of work, labor, materials or
supplies provided by or supplied to Tenant, its contractors or subcontractors, for the installation,
construction, operation,maintenance or use of the Premises,Tenant's Antennae Facilities, Tenant's
other improvements and,upon the written request of Landlord, Tenant shall cause such claim or lien
covering Landlord's property to be discharged or bonded within thirty (30) days following such
request.
(3) Notwithstanding the foregoing, Tenant shall not indemnity, defend or
hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs,
charges, losses or expenses (including,without limitation, reasonable fees and expenses of attorneys,
expert witnesses and other consultants), ansing out of the Indemnitee's negligence or willful
misconduct
LEASE AGREEMENT—Page 9 of 16
(Landlord Crty ofKent, Tenant Cmgular Wireless Lake Fenwsk WA645-01) (September 10,1001)
C. Assumption of Risk- Tenant undertakes and assumes for its officers,agents,
affiliates, contractors and subcontractors and employees all risk of dangerous conditions, if any, on
or about the Premises. Tenant's assumption of risk shall not apply to any latent defects or other
dangerous situation, if Landlord knows or should know that defect or situation to exist but has not
disclosed that information to Tenant
d Defense of Indemmtees: In the event any action or proceeding shall be
brought against the Indemntees by reason of any matter for which the hidemmtees are indemnified
hereunder, Tenant shall,upon notice from any of the hidenimtees, at Tenant's sole cost and expense,
resist and defend the same,provided however,that Tenant shall not admit liability in any such matter
on behalf of the Indemmtees without the written consent of Landlord and provided further that
Indemmtees shall not admit liability for, nor enter into any compromise or settlement of, any claim
for which they are indemnified hereunder,without the prior written consent of Tenant.
e. Notice. Copperation and Expenses. Landlord shall give Tenant prompt notice
of the making of any claim or the commencement of any action, suit or other proceeding covered by
the provisions of this Section 21 Nothing herem shall be deemed to prevent Landlord from
cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel
so long as the participation is coordinated with Tenant's legal counsel. Tenant shall pay all expenses
incurred by Landlord in response to any such actions, suits or proceedings. These expenses shall
include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value
of any services rendered by the Landlord's attorney, and the actual expenses of Landlord's agents,
employees or expert witnesses, and disbursements and liabilities assumed by Landlord in connection
with such suits, actions or proceedings but shall not include attorneys' fees for services that are
unnecessarily duplicative of services provided Landlord by Tenant
If Tenant requests Landlord to assist it in such defense, then Tenant shall pay all
expenses incurred by Landlord in response thereto,including defending itself with regard to any such
actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as
attorney fees and shall also include the costs of any services rendered by the Landlord's attorney, and
the actual expenses of Landlord's agents, employees or expert witnesses, and disbursements and
liabilities assumed by Landlord in connection with such suits, actions or proceedings which are not
directly attributable to Landlord's negligence,
f Insurance: During the term of the Lease, Tenant shall maintain, or cause to
be maintained,in full force and effect and at its sole cost and expense,the following types and limits
of insurance•
(1) Worker's Compensation insurance meeting applicable statutory
requirements and employer's liability insurance with minimum limits of One Hundred Thousand
Dollars ($100,000) for each accident.
(2) Comprehensive Commercial General Liability insurance written on
an occurrence basis with limits no less than One Million Dollars ($1,000,000)combined single limit
per occurrence and in the aggregate for bodily injury, personal injury and property damage The
policy shall provide blanket contractual liability insurance for all written contracts, and shall include
LEASE AGREEMENT—Page 10 of 16
(Landlord City of Kent, Tenant Cmgular Wireless Lake Fenwo:k WA645-01) (September 20,2002)
coverage for products and completed operations liability, independent contractor's liability; coverage
for property damage from perils of explosion, collapse or damage to underground utilities,
commonly known as XCU coverage.
(3) Automobile Liability insurance covering all owned, hired, and
nonowned vehicles in use by Tenant, its employees and agents, with personal protection insurance
and property protection insurance to comply with the provisions of state law with minimum limits
of One Million Dollars ($1,000,000) as the combined single limit for each occurrence for bodily
injury and property damage
(4) Excess Liability insurance with limits not less than Four Million
Dollars ($4,000,000 00)per occurrence and in the aggregate
(5) At the start of and during the period of any construction,builders all-
risk insurance,together with an installation floater or equivalent property coverage covering cables,
materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to
the installation of the Antennae Facilities Upon completion of the installation of the Antennae
Facilities, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and
vandalism and malicious mischief insurance on the Antennae Facilities. The amount of insurance
at all times shall be representative of the insurable values installed or constructed
(6) All policies other than those for Worker's Compensation shall be
. written on an occurrence and not on a claims made basis
(7) The coverage amounts set forth above may be met by a combination
of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.
(8) Notwithstanding anything to the contrary contained in this Lease,
Tenant may elect to maintain a plan of self insurance for any and all insurance required to be earned
by Tenant under tlus Lease so long as (i) Tenant has and continues to have capital and surplus of at
least twenty-five million dollars, (n) Tenant delivers to Landlord a certificate stating that the self-
insuring party is the insurer for all purposes under this Lease for the particular risk, and (in)no such
self-insurance shall diminish the rights and privileges to which Landlord is otherwise entitled under
the terms of this Lease when there is a third-party insurer If the self-insuring party ceases to
maintain a plan of self-insurance with respect to any risk for which this Lease requires insurance or
if the self-insuring party fails to meet the capital and surplus or tangible net worth requirement set
forth above, the self-insuring party shall give written notice thereof to the other party and shall
immediately comply with the provisions of this Lease relating to the policies of insurance required
g Named Insureds, All policies, except for business interruption and worker's
compensation policies, shall list Landlord and its officials, officers, employees, agents and assigns,
as their respective interests may appear, as additional insureds (herein referred to as the "Additional
Insureds") Each policy which is to be endorsed to list Additional Insureds hereunder, shall contain
• cross-liability wording, as follows
LEASE AGREEMENT—Page 11 of 16
(Landlord City of Kent, Tenant C+ngular Wireless Lake Fenwmk Wg645-02) (Sepiember20 2002)
"In the event of a claim being made hereunder by one insured for which another
insured is or may be liable,then this policy shall cover such insured against whom
a claim is or may be made in the same manner as if separate policies had been issued
to each insured hereunder"
h. Evidence of Insurance: Certificates of insurance or self insurance for each
insurance policy required to be obtained by Tenant in compliance with this Section, together with
a copy of the endorsement listing the Landlord as additional insured shall be provided to Landlord
prior to the Commencement Date. Tenant shall also provide Landlord written evidence of payment
of required premiums annually during the term of the Lease. Tenant shall immediately advise
Landlord of any claim or litigation that may result in liability to Landlord.
i Cancellation of Policies of Insurance- All insurance policies maintained
pursuant to this Lease shall contain the following endorsement
"At least sixty (60) days prior written notice shall be given to
Landlord by the insurer of any intention(a)not to renew, (b)to cancel
or(c)to materially alter this insurance policy. Such notice shall be
given by registered mail to the Landlord "
j Insurance Companies All insurance shall be effected under valid and
enforceable policies, insured by insurers licensed to do business by the State of Washington or
surplus line carvers on the State of Washington Insurance Commissioner's approved list of
companies qualified to do business in the State of Washington All insurance carvers and surplus
line carvers shall be rated B+ (}P or better by A M. Best Company. Alternatively and subject to
Landlord's prior written approval, which shall not be unreasonably withheld, Tenant shall be allowed
to self-insure for the amounts and types of insurance required herein.
k Deductibles Any payment of deductible or self-insured retention shall be the
sole responsibility of the Tenant.
1. Contractors. Tenant shall require that each and every one of its contractors
and their subcontractors who perform work on the Premises carry, in full force and effect, workers'
compensation, comprehensive public liability and automobile liability insurance coverage of the type
which Tenant is required to obtain under the terms of this paragraph with appropriate limits of
insurance.
in Review of Limits Once during each calendar year during the term of this
Lease, Landlord may review the insurance coverage to be carved by Tenant. If Landlord determines
that higher limits of coverage are necessary to protect the interests of Landlord or the Additional
Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance, at its sole
cost and expense
22 Hazardous Substance Indemnification. Tenant represents and warrants that its use
of the Premises herein will not generate any hazardous substance, and it will not negligently or
intentionally store or dispose on the Premises nor transport to or over the Premises any hazardous
LEASE AGREEMENT—Page 12 of 16
(Landlord City of Kent, Tenant Cmgular Wireless Lake Fenwmk W.1645-02) (September 20,2002)
substance in violation of any federal or state law Tenant further agrees to hold Landlord harmless
from and indemnify Landlord against any release of any such hazardous substance and any damage,
loss, or expense or liability resulting from such release including all attorneys' fees, costs and
penalties incurred as a result thereof except any release caused by the negligence of Landlord, its
employees or agents. Similarly, Landlord warrants that the Premises are free of any hazardous
substances and agrees to mdemmfy and hold Tenant harmless from the Landlord's negligent or
intentional introduction of any hazardous substance by Landlord. "Hazardous substance"shall be
interpreted broadly to mean any substance or material defined or designated as hazardous or toxic
waste,hazardous or toxic material,hazardous or toxic or radioactive substance, or other similar term
by any federal, state or local environmental law,regulation or rule presently in effect or promulgated
in the future, as such laws, regulations or rules may be amended from time to time, and it shall be
interpreted to include, but not be limited to, any substance which after release into the environment
will or may reasonably be anticipated to cause sickness, death or disease
23 Holding Over. Any holding over after the expiration of the term hereof, with the
consent of the Landlord, shall be construed to be a tenancy from month to month and Annual Rent
shall be paid by Tenant at two times the rents herein specified(prorated on a monthly basis) and shall
otherwise be on the terms and conditions herein specified, so far as applicable
24 Subordination to Mortgage. Any mortgage now or subsequently placed upon any
property of which the Premises are a part shall be deemed to be prior in time and senior to the rights
of the Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created
by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any
additional documents necessary to indicate this subordination
25 Acceptance of Premises With the exception of latent defects and any hazardous
substance contamination to Landlord's property, by taking possession of the Premises, Tenant
accepts the Premises in the condition existing as of the Commencement Date Landlord makes no
representation or warranty with respect to the condition of the Premises
26. Estoppel Certificate Tenant shall, at any time and from time to time upon not less
than thirty(30) days prior request by Landlord, deliver to Landlord a statement in writing certifying
that(a) the Lease is unmodified and in full force (or if there have been modifications,that the Lease
is in full force as modified and identify the modifications), (b) the dates to which rent and other
charges have been paid, (c) so far as the person making the certificate knows, Landlord is not in
default under any provisions of the Lease, and (d) such other matters as Landlord may reasonably
request
27 Notices All notices,requests, demands, and other communications hereunder shall
be in writing and shall be deemed given if personally delivered or mailed, certified mail, return
receipt requested, to the following addresses
If to Landlord, to Facilities Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
LEASE AGREEMENT—Page 13 of 16
(Landlord Cty of Kent, Tenant Cmgular Wireless Lake Fenwick W.4645-02) (September 20,2002)
With a copy to- City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
If to Tenant, to Cmgular Wireless Lease Administration
6100 Atlantic Boulevard, I"Floor
Mail Code- GAN02
Norcross, GA 30071
With a copy to Counsel—West Region
Cmgular Wireless
2521 Michelle Drive, 2nd Floor
Tustin, California 92780
With a copy to Cmgular Wireless
2445 140d'Avenue, Suite 202
Bellevue, Washington 98005
Attn. Property Manager WA645-02
28 Assignment and Sublettin
a Subject to the provisions of Section 6 and Section 28. d , Tenant shall not
assign this Lease in whole or in part, or sublet all or any part of the Premises without the Landlord's
pnor written consent. Consent by Landlord to any assignment or subletting shall not constitute a
waiver of the necessity of such consent to any subsequent assignment or subletting This prohibition
against any assignment or subletting shall be construed to include a prohibition against any subletting
or assignment by operation of law If this Lease is assigned, or if the Premises or any part thereof
is sublet or occupied by anyone other than Tenant, Landlord may collect rent from the assignee,
subtenant or occupant and apply the net amount collected to the rent and other obligations of Tenant
hereunder reserved,but no such assignment, subletting, occupancy or collection shall be deemed a
waiver or release of Tenant from the further performance by Tenant of the covenants on the part of
Tenant hereunder contained
b. If Tenant is a corporation,partnerslup, or limited liability company, and if the
control thereof changes at any time during the tern of this Lease, then Landlord at its option may,
by giving ten(10)days prior written notice to Tenant, declare such change a breach of trns Section
unless Landlord has previously approved in writing the new controlling party
C. Any person or entity to which this Lease is assigned pursuant to the
provisions of the Bankruptcy Code, 11 USC sections 101, et seq , shall be deemed without further
act to have assumed all of the obligations of Tenant ansing under this Lease on and after the date of
such assignment Any such assignee shall upon demand execute and deliver to Landlord an
instrument confirming such assumption Any monies or other considerations payable or otherwise
to be delivered in connection with such assignment shall be paid to Landlord, shall be the exclusive
LEASE AGREEMENT—Page 14 of 16
(Landlord City of Kent, Tenant Ctngalar Wireless Lake Fenweck WA645-01) (Seplember 20,2002)
property of Landlord, and shall not constitute property of the Tenant or of the estate of Tenant within
the meaning of the Bankruptcy Code Any momes or other considerations constituting Landlord's
property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the
benefit of Landlord and be promptly paid to Landlord.
d Notwithstanding anything to the contrary in this Lease, Tenant shall have the
right to assign this Lease to any of Tenant's partners or affiliates.
29 Other Leases Nothing in this Lease shall preclude Landlord from leasing other space
for communications equipment to any person or entity which may be in competition with Tenant,
or any other party
30 Successors and Assigns This Lease shall be binding upon and inure to the benefit
of the parties, their respective successors, personal representatives and assigns.
31 Non-Waiver Failure of Landlord to insist on strict performance of any of the
conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder
shall not waive such rights, but Landlord shall have the rights to enforce such rights at any time and
take such action as might be lawful or authorized hereunder, either in law or equity The receipt of
any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such
breach unless expressly set forth in writing
32 Taxes
a Tenant shall pay all real and personal property taxes (or payments in lieu of
taxes) and assessments for the Premises that are directly the result of Tenant's communication
equipment, if any,which become due and payable during the term of this Lease All such payments
shall be made, and evidence of all such payments shall be provided to Landlord, at least ten(10) days
prior to the delinquency date of the payment Tenant shall pay all taxes on its personal property on
the Premises
b. Tenant shall indemnify Landlord from any and all liability, obligation,
damages,penalties, claims, liens, costs, charges, losses and expenses (including,without hmitation,
reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed
upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on Tenant's
Property on the Premises
c If the methods of taxation in effect at the Commencement Date of the Lease
are altered so that in lieu of or as a substitute for any portion of the property taxes and special
assessments now imposed on property there is imposed a tax upon or against the rentals payable by
Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided for the payment
of real and personal property taxes
LEASE AGREEMENT—Page 15 of 16
(Landlord City of Kent, Tenant Cmgular Wireless Lake Fenwmk WA645-02) (September 20, 2002)
33 Miscellaneous
a. Landlord and Tenant represent that each, respectively, has full nght,power,
and authority to execute this Lease.
b This Lease constitutes the entire agreement and understanding of the parties
and supersedes all offers, negotiations, and other agreements of any kind. There are no
representations or understandings of any kind not set forth herein Any modification of or
amendment to this Lease must be in writing and executed by both parties.
c This Lease shall be construed in accordance with the laws of the State of
Washington. Venue and jurisdiction of any lawsuit arising out of the performance or obligations of
this lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent,
Washington
d. If any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect.
THIS LEASE IS EXECUTED and shall become effective on the last date indicated below.
LANDLORD: TENANT
CITY OF KENT CINGULAR WIRELESS
a
By By-
Print Name Print Name
Its Its-
DATE: DATE
ATTEST•
BRENDA JACOBER CITY CLERK
APPROVED AS TO FORM
Print Name
City of Kent Legal Department
P WC AFILMDp FA.W)05 2WZC.W.l WmkuLeexL92002 d
LEASE AGREEMENT—Page 16 of 16
(Landlord Cary of Kent, Tenant Cmgular Wireless Lake Fenwak WA645-02) (September 20 2002)
EXHIBIT A
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
That portion of the East half of the Northeast quarter of the Northwest quarter,
Section 27, Township 22 North, Range 4 East, W M , records of King County,
Washington, lying southerly of J L Reith Road
EXCEPT Roads
Situated in the County of King, State of Washington
LEASE AGREEMENT-Exhibit"A"
(Landlord GrycfKent Tenant Gngular Wireless Lake Fenweck Wd64S-02)
EXHIBIT B
LEGAL DESCRIPTION OF PREMISES
The East half of the Northeast quarter of the Northwest quarter of Section 27, Township
22 North, Range 4 East,W.K, records of King County,Washington
Except Roads
Situate in the County of King, State of Washington
Per title report order number N419209 issued by Fidelity National Title Company of
Washington.
Leasc area morc particularly described as follows:
Commencing at a found 2"brass disk with punch in concrete in case, down 0.3'at the
intersection of 42nd Avenue South with Rcith Road;
Thence along a line between said found 2"brass disk and a found 1/8" brass pin in
concrete in case, down 0.7 feet at the intersection of42nd Avenue South with South
260th Street, which lies SOUTH 04°14'54"EAST a distance of 470 54 feet from said
found 2" brass disk, SOUTH 04°14'54" EAST a distance of 83.07 feet;
Thence SOUTH 85°45'06" WEST a distance of 60.40 feet to the True Point of
Beginning;
I'hence from said True Point of Beginning SOUTH 18°57'57" WEST a distance of 15.00
feet;
Z7ience NORTH 71°20'03" WEST a distance of 20 00 feet;
Thcncc NORTH 18°57'57"EAST a distance of 15.00 feet;
Thence SOUTH 71`02'03"EAST a distance of2U.00 feet to the True Point ofBegtnning
and the end ofthis description.
Containing 300 square feet,more or less-
Bearings referenced to Washington State Coordinate system North 2one NAD 93191
LEASE AGREEMENT—fb iihrt`B"
(ramdla d.- GryufK'rnl Tw=1 Cntvinr Wireletrlalztenweh WA645-02J
P)MMIT C
LEGAL DESCRIPTION OF ACCESS EASEMENT
A Non-exclusive Easement, appurtenant to that certain lease area, for access (ingress and
egress) purposes in, on, over, through, under, and across that portion of the following
described property:
The East half of the Northeast quarter of the Northwest quarter of Section 27, Township
22 North, Rangc 4 East, W.M.,records of King County, Washington.
Except Roads
Situate in the County of King,State of Washington.
Per title report order number N419208 issued by Fidelity National Title Company of
Washington.
Easement being a 20 foot strip of land lying 10 feet on each side of the following
described cctiterluic:
Commencing at a found 2"brass dish with punch in concrete in case, down 0.3'at the
intersection of 42nd Avenue South with Reith Road,
Thence along a line between said found 2" brass disk and a found 1/8" brass pin in
concrete in case, down 0.7 feet at the intersection of 42nd Avenue South with South
260th Stied,which lies SOUTH 04014'54" EAST a distance of 470 54 feet from said
fo and 2" brass disk, SOUTH 04*14'54"EAST a distance of 83.07 feet;
Thcnec SOUTH 85°45'06"WEST a distance of 60 40 feet to flit Northeast comer of said
lease area;
Thence along the North line d7ercofNORTH 71°02'03"WEST a distance of 10.00 feet to
the True Point ofBcginning;
Thence from said True Point of Beginning NORTH 18'57'57" EAST a distance of 35.28
feet, more orless, to the South margin ofReidi Road and the end of this description.
Bearings referenced to Wasbington State Coordinate System North Zone NAD 83/91.
•
LEASE AGRF..F.WNT—Fxhih,c"C"
(Lundlord CyafXv7r TcKanm Gngulor WirJwLnkeNenwckWdGIS t12J
EXHIBIT D
SCOPE OF WORK TO BE COMPLETED BY CINGULAR
SEE ATTACHED
LEASE SE AGRERMENT—Lxhrbrt"D"
(Landlord Gryof,CenrTmanr Cingvlar WlretaiLa&F"wlck WA61S-01)
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C|n/ u |a r §
• Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: ADOPTION OF RCWs BY REFERENCE - ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No._,that repeals the current
criminal code and adopts a new criminal code, which adopts by reference all misdemeanor
and gross misdemeanor sections of the Revised Code of Washington.
State law requires municipalities to enforce all misdemeanor and gross misdemeanor
violations of criminal law that occur within the limits of a municipality. Section
35A.12.140 of the Revised Code of Washington ("RCW') pernuts the City to adopt by
reference sections of the RCW. The City already adopts numerous RCW sections;
however, many other state statutes relating to criminal conduct are not adopted in the
current criminal code and are, therefore, unenforceable. Replacing the current criminal
code with a simplified criminal code that incorporates all RCW criminal code sections by
reference would benefit police officers, prosecutors, and court staff.
3. EXHIBITS: Ordinance; memorandum; and list of new RCW's
4. RECOMMENDED BY: Public Safety Committee (2-0) and staff
(Committee, Staff, Exarmner, 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. 60
LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone 253-856-5770
KEN T Fax 253-856-6770
W A s N i N G r o N Address 220 Fourth Avenue S
Kent,WA 98032-5895
Memorandum
DATE September 23, 2002
TO City Councilmembers
THROUGH Jim White, Mayor
FROM Arthur"Pat" Fitzpatrick, Deputy City Attorney i l
RE Adoption by Reference of Revised Code of Washington
At the April 9, 2002, Public Safety Committee meeting, the Law Department presented
an ordinance that, if adopted, would repeal the City's current criminal code and enact a new
criminal code Two issues were raised during the Committee meeting First, concern was
expressed regarding whether the public would be effectively notified of the adoption of
numerous sections of the Revised Code of Washington ("RCW") that are not currently adopted
Second, Committee members expressed an interest in obtaining more information regarding the
RCWs that were proposed for adoption
This memorandum addresses the concerns raised at the April Committee meeting, and
discussed at the September 16, 2002, Committee meeting In addition, the memorandum
explains the current state of the criminal code and the need for passage of the ordinance
Notice to the Public
In response to the Committee's desire to adequately notify the public of the proposed
adoption of all misdemeanors and gross misdemeanors set forth in the RCW, the Law
Department published a public notice in the "South County" section of the South County Journal
on Thursday, September 12, 2002, and on Sunday, September 15, 2002 (See, Attachment A) In
addition, the agenda for the Public Safety Meeting appears on Kent's internet web page,
Information Regarding the RCWs Proposed for Adoption
Attached to this memorandum is a list of the RCWs proposed for adoption We have
expanded this list to include an explanation of the individual or group RCWs proposed and the
effect of their adoption (See Attachment B)
Memorandum
September 23, 2002
Page 2
Explanation of Proposed Criminal Code
Current Criminal Code
Chapter 9 02 of the Kent City Code was adopted in its current format in 1997 The
current criminal code adopts many RCWs. However, there are many RCWs that are not adopted
In some instances, the City has no ordinance that mirrors particular RCWs For example, the City
does not currently adopt the RCW that makes it a crime to apply a tattoo to a minor without
parental consent
The RCWs currently adopted by reference in the Kent City Code are arranged by subject
They do not appear in the same order that they appear in the RCW The fact that the RCWs are
not listed in order can lead to difficulty in determining whether or not a particular RCW is
adopted by the City
In other circumstances, there are code sections that mirror the language of the RCWs,
however, the RCWs are not specifically adopted For example, the City has its own code
sections relating to violating no contact orders, protection orders, and restraining orders,
interfering with the reporting of a domestic violence incident, prostitution, etc There are RCWs
that mirror the language of these Kent code sections, however, there are subtle differences
These differences have led to legal challenges by defense attorneys in the Kent Municipal Court
(see below)
Finally, there are sections of the Kent City Code that are unique to Kent, such as violating
an order to stay out of an area of prostitution, possession of firearms at the Kent Commons, etc
In these situations, there are no RCWs that make the same type of conduct criminal
Format of Proposed Criminal Code
Although the format of the proposed criminal code is a change from the format that has
1-.-en used in the past, the effect on the citizens of Kent will be minimal However, the benefit to
the efficiency of the Law Department, Police Department, and Court will be substantial
The proposed criminal code has four main components In section 9 02 020 of the
proposed code, the City adopts each and every misdemeanor and gross misdemeanor, and all of
the laws necessary to enforce these misdemeanors and gross misdemeanors, that are set forth in
the RCW by reference This is, in essence, a blanket adoption of all of the gross misdemeanor
and misdemeanor RCWs Under this blanket adoption approach, the RCWs are not listed
individually
Memorandum
September 23,2002
Page 3
The second component of the proposed criminal code, contained in sections 9 02 030
through 9 02 170, adopts by reference specified sections of the RCW The sections listed in
9 02 030 through 9 02 170 are, for the most part, the RCWs that are traditionally enforced by the
City It is important to note that the City has always adopted RCWs by reference The proposed
criminal code is simply a more comprehensive adoption of the RCWs
To some degree, sections 9 02 030 through 9 02 170 duplicate the blanket adoption
contained in section 9 02 020 The obvious question is, "Why duplicate our effortsT' The
answer is simple Although the Law Department is confident that section 9 02 020 would be an
effective adoption of all misdemeanor and gross misdemeanor RCWs, we run the risk that the
court will not agree If the Council were to pass only the blanket adoption of the RCWs, and a
court found some basis for ruling that the blanket adoption was ineffective or improper, the City
would be placed in the position of having no enforcement power over any of the RCWs In
essence, Kent would be lawless in relation to misdemeanors and gross misdemeanors Thus,
while the goal of this ordinance is to adopt all gross misdemeanors and misdemeanors set forth in
the RCW, sections 9 02 030 through 9 02 170 constitute the City's insurance policy against an
unfavorable decision by a court If the court were to rule that the blanket adoption was invalid,
the City could still enforce the specific sections of the RCW that the city adopts.
The RCWs that are specifically adopted in this component of the proposed ordinance are
arranged in the order that they appear in the RCW This is a simplified approach compared to
that of our current code
The third component of the proposed ordinance contains sections of the criminal code
that are similar to sections of the RCW, but contain subtle differences from the RCW The
differences are necessary as the language of the RCW's do not quite meet the needs of Kent
The three crimes that fall into this category are obstructing a public officer, disorderly conduct,
and escape For example, the City's obstructing ordinance describes the type of conduct that
would constitute an act of obstructing; whereas, the RCW does not Therefore, it is more clear in
Kent exactly what type of conduct is criminal With regard to the escape ordinance, the City
defines the term"custody" in a manner that encompasses electronic home detention, work crews,
and persons participating in a day-reporting program The RCW does not Thus, while it is
possible to charge a person who is serving on a court required work crew in Kent with escape,
such a charge may not be possible if the City adopted the RCW for escape With regard to this
component of the ordinance, there is little change between the old ordinance and the new
ordinance (the escape ordinance has been amended to account for the day-reporting program at
thejail)
The final category of enures in the proposed ordinance are those sections of the code that
are unique to Kent, and for which there exists no equivalent RCW Examples of this are, as
noted in the section above, violating an order to stay out of an area of prostitution, possession of
Memorandum
September 23, 2002
Page 4
firearms at the Kent Commons, etc. Once again, there is no change between the proposed
ordinance and the current code
Benefits of Proposed Code
The intent of the proposed ordinance is to bring the City's criminal code into conformity
with the state criminal code The reasons for, and benefits of, this proposal are numerous
Ease of Enforcement for Police Officers
Every entry-level police officer who is hired by the Kent Police Department graduates
from the Washington State Criminal Justice Training Center Each officer spends 720 hours
learning investigation techniques, enforcement procedures and the RCW. After each officer
graduates from the academy, he/she must, under the current City criminal code, become familiar
with the RCWs that are adopted, and the location of the RCWs within the City's criminal code
The new criminal code would make the post-academy learning curve with respect to the
City's code almost non-existent When an officer starts employment with the City, he/she would
know that the RCW he/she studied at the academy is in fact adopted by the City
In addition, due to the format of the current code, officers must cite to both the RCW and
to the section of the City code that adopts the RCW Under the new code, the officer would not
need to consult the City's code The officer would only be required to reference the RCW when
issuing a citation
Ease of Prosecution
Like police officers, prosecutors who work for the City spend many hours studying the
RCW The Washington State Bar examination, which all Washington attorneys must pass, is
based upon the RCW.
In addition, defense attorneys have occasionally prevailed in motions challenging the
City's version of ordinances For example, the City recently had to appeal the dismissal of a no
contact order case where the judge ruled that the City's ordinance covering violations of no
contact orders was in conflict with the equivalent RCW Although the City prevailed, the appeal
would not have been necessary had the RCW been adopted
Also, when the City adopts RCWs by reference, prosecutors and the courts get the benefit
of Court of Appeals and Supreme Court decisions interpreting the RCW This benefit is not
realized when the City adopts its own ordinances unless the language of the City's ordinance is
the same as the RCW
Memorandum
September 23,2002
Page 5
In addition, criminal history information is reported to the FBI, the Washington State
Patrol, and the Judicial Information System On occasion, criminal histories only reference code
sections and do not contain a description of the violation Criminal history information is used
statewide. Therefore, if a criminal history cites only to the code section, it is more
understandable to other police agencies if that code section is an RCW
Ease in Understanding by Public
Approximately one year ago, the Governor signed a law making it a gross misdemeanor
to possess large quantities of pseudoephednne, an over-the-counter cold medication that is used
to produce methamphetamme The adoption of this law was highly publicized (see, for example,
the article attached) Many citizens in Kent who read the article publicizing the Governor's new
law would probably think that the law was enforceable in Kent However, until it is adopted by
the City Council, it is not enforceable in the City Therefore, the uniformity provided by the
adoption of all of the RCWs would result in a better understanding by the public of what is and
what is not a crime in Kent
Uniformity Among Jurisdictions
A recent check of the criminal codes in the surrounding jurisdictions of Auburn, Renton,
Tukwila, Seatac, and Federal Way revealed that each jurisdiction adopts RCWs by reference to
some degree It is beneficial for each jurisdiction to make criminal the same conduct so that
citizens of Kent and the surrounding cities are aware of the types of conduct that are criminal
In addition, the RCW does apply to the unincorporated parts of King County Therefore,
if the City were to adopt all of the misdemeanor and gross misdemeanor RCWs, there would be a
seamless transition for citizens with regard to criminal enforcement between the incorporated
areas of Kent and the unincorporated areas surrounding Kent
Uniformity is required by the state Legislature in other areas of law For example, the
state has created the Model Traffic Ordinance ("MTO") that incorporates hundreds of sections of
the RCWs that relate to driving, much like the City's proposed criminal code adopts RCWs
relating to criminal conduct The Legislature's purpose in creating the MTO was to "encourage
highway safety and uniform traffic laws " WAC 308-330-005 Thus, as a person is driving north
on Auburn Way the traffic laws that apply to the driver do not change as he/she crosses into the
City of Kent This benefits not only the citizen, but police agencies who provide occasional
assistance to neighboring jurisdictions Uniformity in the criminal code would benefit Kent
much like the MTO
rcirifsamrn..rn, wssnK�'.....Kor+aaw.�.e..
PUBLIC NOTICE
The Public Safety Committee of the Kent City Council will consider whether to
recommend that the City Council adopt a new Criminal Code The Public Safety
Committee has been presented with an ordinance that would (1) adopt each
misdemeanor and gross misdemeanor set forth in the Washington state code (Revised
Code of Washington), and (2) readopt the sections in the current Criminal Code that are
not otherwise contained within the Washington state code
The meeting to consider the new ordinance will be held on September 16, 2002, at 4.00
p in in the Kent City Council Chambers East The meeting will be open to the public
A copy of the proposed new Criminal Code is available for review with the Kent City
Clerk
The address for the Kent City Council Chambers East and the City Clerk's Office is 220,
Fourth Avenue S , Kent, WA 98032
To be published in South County Journal on Thursday, September 12, 2002 and
Sunday, September 15, 2002.
ATTACHMENT "A"
New RCW's Adopted by Reference in Kent City Code
(page 1 of 11)
'tie 7
his title relates to the Municipal Court's power to impose sanctions, includinSlail,for contempt of court This
section applies without the city specifically adopting the provisions However, specifically adopting the
provisions will place the public on notice that the court is armed with contempt powers
RCW 7 21 010 Definitions
RCW 7 21 020 Sanctions -Who may impose
RCW 7 21 030 Remedial sanctions - Payment for losses
RCW 7 21 040 Punitive sanctions -Fines
RCW 7.21050 Sanctions - Summary imposition- Procedure
RCW 7 21 070 Appellate Review
Title 9
Chapter 9 01 RCW This chapter contains provisions relating to procedural aspects of enforcing Title 9 of the
RCW None of these sections, in and of itself, constitutes criminal conduct These sections are procedural and
apply whether or not they are adopted
RCW 9.01 055 Citizen immunity if aiding officer, scope - When
RCW 9 01 110 Omission, when not punishable
RCW 9 01 130 Sending letter, when complete
AdCW 9 04 090 This section requires that service stations advertise the fuel that they sell in the same unit of
easurement expressed at the pump
RCW 9 04 090 Advertising fuel prices by service stations
RCW 9 08 030 This section makes it a crime to falsify the certification of an animal
RCW 9 08 030 False certificate of registration of animals—False representation as to breed
RCW 912 020 This section makes it a crime for anYludge to pay another to file a lawsuit
RCW 9 12 020 Buying, demanding, or promising reward by district judge or deputy
Chapter 916 RCW This chapter relates to counterfeiting products and precious metals The city has
previously adopted many other sections of Chapter 9 16 relating to counterfeiting
RCW 9 16 005 Definitions
RCW 9.16 010 Removing lawful brands
RCW 9 16.035 Counterfeiting - Penalties
RCW 9 16 041 Counterfeit items - Seizure and forfeiture
RCW 9 16 080 Petroleum products improperly labeled or graded
RCW 9 16 090 Petroleum products - Penalty
RCW 9 16 100 Use of the words "sterling silver," etc
RCW 9 16 110 Use of words "coin silver," etc
RCW 9 16 120 Use of the word "sterling" on mounting
RCW 9 16 130 Use of the words "corn silver" on mounting
RCW 9 16 140 Unlawfully marking article made of gold
New RCW's Adopted by Reference in Kent City Code
(page 2 of 11)
RCW 9 24 010 This section makes it a crime to purchase stock using a false name
RCW 9 24 010 Fraud in stock subscription
RCW 9 35 030 This is a relatively new RCW that makes it a crime to solicit mail on behalf of another person
in order to harass that other person
RCW 9 35 030 Soliciting undesired marl.
RCW 9 40 040 This is an old RCW that makes it a crime to operate a boiler system without a spark arrester
RCW 9 40 040 Operating engine or boiler without spark arrester
Chapter 9 41 RCW This chapter covers the possession of firearms The city is,for the most part,preempted by
the state when it comes to regulating the possession of firearms The city currently adopts by reference a
majority of the substantive provisions of this chapter Most of the additional sections below regulate licensing
off rearms
RCW 9 41 040 Unlawful possession of firearms - Ownership, possession by certain persons
RCW 9,41090 Dealer deliveries regulated—Hold on delivery
RCW 9 41 100 Dealer licensing and registration required
RCW 9 41 110 Dealer's licenses, by whom granted, conditions, fees - Employees, fingerprinting and
background checks - Wholesale sales excepted—Permits prohibited
RCW 9.41220 Unlawful firearms and parts contraband 0
RCW 9 41 800 Surrender of weapons or licenses - Prohibition on future possession or licensing
RCW 9 44 080 This section makes it a crime to sign the name of another person or a fictitious person to a
petition This section does not apply to the referendum, initiative, or recall process, as those processes have
their own penalty sections
RCW 9 44 080 Misconduct in signing a petition
Chapter 9 51 RCW This chapter covers criminal conduct relating to the gathering ofpotentialjurors,potential
jurors who request to be placed in a particular jury pool, and the misconduct of a person in charge of a jury
that has been selected for a particular case
RCW 9 51 010 Misconduct of officer drawing jury,
RCW 9 51 020 Soliciting jury duty
RCW 9 51 030 Misconduct of officer in charge of jury
RCW 9 62 020 This section makes it a crime to institute a lawsuit in the name of another without the consent of
the other person
RCW 9 62 020 Instituting suit in name of another
Is
New RCWs Adopted by Reference in Kent City Code
(page 3 of 11)
4apter 9 66 RCW This chapter covers criminal laws relating to nuisances The first section listed below
tes that the fact that a person is damaged by a nuisance less than his or her neighbor does not mean that a
nuisance is not occurring The second section indicates that abatement can be sought in addition to criminal
charges The city has already adopted more of the substantive sections of this chapter
RCW 9 66 020 Unequal damage
RCW 9 66 040 Abatement of nuisance
Chapter 9 68 RCW This chapter covers crimes relating to sexually obscene material It makes it a crime for a
person to falsify his or her age in order to obtain erotic material, and prohibits a person from distributing
obscene material The sections also provide defenses for certain activities The city already adopts the RCWs
relating to displaying erotic material in a manner that is in plain view of the public
RCW 9 68 015 Obscene literature, shows, etc -- Exemptions
RCW 9 68 030 Indecent articles, etc
RCW 9 68 050 "Erotic material" -Definitions
RCW 9 68 060 "Erotic material"—Determination by court—Labeling- Penalties
RCW 9 68 070 Prosecution for violation of RCW 9 68 060 - Defense
RCW 9.68 080 Unlawful acts
RCW 9 68 100 Exceptions to RCW 9 68 050 through 9 68 120
RCW 9 68 010 Motion picture operator or projectionist exempt, when
Oapter 9 68A RCW This chapter covers crimes relating to the sexual exploitation of minors The city
urrently adopts a majority of the RCWs from this chapter The two (2) sections proposed for adoption are
definitions, and the process relating to the seizure of equipment and vehicles used in the commission of a crime
relating to the sexual exploitation of minors
RCW 9 68A 120 Seizure and forfeiture of property
RCW 9 68A 140 Definitions
RCW 9 69 100 This section makes it a crime to fail to report a violent crime or a sexual offense against a
child, and provides exceptions to the reporting requirement
RCW 9 69 100 Duty of witness of offense against child or any violent offense - Penalty
RCW 9 72 090 This section provides that a court may take into custody a person who testifies falsely before
the court
RCW 9 72 090 Committal of witness - Detention of documents
Chapter 9 73 RCW This chapter covers crimes relating to the violation of a person's privacy The city already
adopts many sections of this chapter, including the unlawful recording of another without the other's consent
A new section would make it a crime to divulge the contents of a telegram The remainder of the sections set
forth procedural requirements for admitting a private communication in court and defenses to the laws
prohibiting the interception ofprivate communications
• RCW 9 73 010 Divulging telegram
RCW 9 73 050 Admissibility of intercepted communication in evidence
RCW 9.73 100 Recordings available to defense counsel
New RCW's Adopted by Reference in Kent City Code
(page 4 cf 11)
RCW 9.73 110 Intercepting, recording, or disclosing private communications -- Not unlawful foo
building owner—Conditions
Chapter 9 91 RCW This chapter of the RCWs contains a number of miscellaneous crimes The titles of the
three (3) sections below explain the conduct that is prohibited
RCW 9 91.010 Demal of civil rights - Terms defined.
RCW 9 91 020 Operating railroad, steamboat, vehicle, etc , while intoxicated
RCW 9 91.170 Interfering with dog guide or service animal.
Title 9A
Chapter 9A 04 RCW These sections of Chapter 9A 04 RCW are procedural in nature They contain
definition,jurisdictional boundaries, specify who is amenable to criminal charges, and set forth the burden of
proof in criminal cases No substantive criminal conduct is defined by this chapter
RCW 9A 04 020 Purposes --Principles of construction
RCW 9A 04 030 State criminal Iunsdiction
RCW 9A 04 050 People capable of committing crimes - Capability of children
RCW 9A 04 060 Common law to supplement statute
RCW 9A 04 070 Who amenable to criminal statutes
RCW 9A 04.080 Limitation of actions
RCW 9A 04 090 Application of general provisions of the code
RCW 9A.04 100 Proof beyond a reasonable doubt
RCW 9A 04 110 Definitions
Chapter 9A 08 RCW These sections of Chapter 9A 08 RCW are procedural in nature They contain the
definitions of the various mental states required to convict a person of the crimes being adopted They also set
forth the manner in which a corporation can be held criminally liable The city has already adopted other
sections of this chapter No substantive criminal conduct is defined by this chapter
RCW 9A 08 010 General requirements of culpability
RCW 9A 08 030 Corporate and personal liability
RCW 9A 12 010 This section sets forth the definition of insanity No substantive criminal conduct is defined in
this section
RCW 9A 12 010 Insanity
Chapter 9A 16 RCW This chapter sets forth the types of defenses available to persons charged with criminal
conduct No substantive criminal conduct is defined by this chapter
RCW 9A 16 010 Definitions
RCW 9A 16 020 Use of force - When lawful
RCW 9A 16 060 Duress
RCW 9A 16 070 Entrapment
RCW 9A 16 080 Action for being detained on mercantile establishment premises for investigation -
"Reasonable grounds" as defense.
RCW 9A 16 090 Intoxication
New RCW's Adopted by Reference in Kent City Code
(page 5 of 11)
RCW 9A 16 100 Use of force on children—Policy- Actions presumed unreasonable
Chapter 9A 36 RCW The two (2) sections listed below simply replace the cnt v's versions of the same crimes
There will be no substantive effect as a result of these changes
RCW 9A 36 041 Assault in the fourth degree
RCW 9A 36 150 Interfering with the reporting of domestic violence.
RCW 9A 40 010 The city currently adopts the crime of custodial interference in the second degree, RCW
9A 40 070 This section merely defines some of the terminology used in the custodial interference section
already adopted
RCW 9A 40 010 Definitions
Chapter 9A 42 RCW The city already adopts by reference RCW 9A 42 080 and 090 relating to abandoning a
dependent person The sections listed below make it unlawful to mistreat a child or dependent adult by
withholding the basic necessities of life, and provide for defenses to the crimes listed in the chapter
RCW 9A 42 010 Definitions
RCW 9A 42 035 Criminal mistreatment in the third degree
RCW 9A 42.040 Withdrawal of life support systems
RCW 9A 42 045 Palliative care
RCW 9A 42 050 Defense of financial inability
Chapter 9A 46 RCW The sections below are procedural in nature The city has already adopted the
substantive sections of this chapter No substantive criminal conduct is defined in the two (2) sections listed
below
RCW 9A 46 010 Legislative finding
RCW 9A 46 070 Enforcement of orders restricting contact
Chapter 9A 49 RCW This chapter would replace a section of the current code relating to laser beams In fact,
this RCW chapter was created using the Kent City Code section as an example There will be no substantive
change as a result of adopting this chapter
RCW 9A 49 001 Findings
RCW 9A 49 010 Definitions
RCW 9A 49 030 Unlawful discharge of a laser in the second degree
RCW 9A 49 040 Civil infraction, when
RCW 9A 49 050 Exclusions
RCW 9A 52 050 This section is procedural in nature This section states that other charges committed during
the commission of the burglary can be prosecuted
RCW 9A 52 050 Other crime in committing burglary punishable
0
New RCW's Adopted by Reference in Kent City Code
(page 6 of 11)
Chapter 9A 56 RCW This chapter covers crimes relating to theft The city currently adopts numerous section
of this chapter The first section provides for the forfeiture and disposal of cable television converter devices
The second section lists persons who cannot be prosecuted for using channel frequency converters The third
section makes it a crime to remove a shopping cart from the parking area of a retail establishment
RCW 9A.56.240 Forfeiture and disposal of device used to commit violation
RCW 9A.56.260 Connection of channel converter.
RCW 9A 56 270 Shopping cart theft.
RCW 9A 60 010 The city currently adopts two (2) sections of Chapter 9A 60 RCW relating to fraud This
definition section defines terms used in the two (2) sections currently adopted
RCW 9A.60 010 Definitions
RCW 9A 61 060 The city currently adopts numerous sections of Chapter 9A 61 RCW relating to defrauding a
public utility This section provides that the court can order the violator to pay restitution to the utility
RCW 9A 61 060 Restitution and costs
RCW 9A 72 RCW The city currently adopts numerous sections of this chapter The f rst section deals with the
prosecutorial procedures that apply to a circumstance in which a witness makes two different statements under
oath The second section states that a statement that a person does not know to be true is equal to a statement
that the person knows to be false The third section provides the language necessary for a legal certification.
RCW 9A.72 050 Pequry and false swearing—Inconsistent statements—Degree of crime
RCW 9A 72 080 Statement of what one does not know to be true
RCW 9A 72 085 Unswom statements, certification
Chapter 9A 88 RCW The city currently has its own code sections relating to patronizing a prostitute The
adoption of these sections would merely replace the city's code sections, or provide procedural support for the
enforcement of the patronizing law, including the forfeiture of vehicles used during the commission of a
patronizing offense, additional court fees and medical tests required of those convicted of pationizing
prostitutes
RCW 9A 88 110 Patronizing a prostitute
RCW 9A 88 120 Additional fee assessments
RCW 9A 88 130 Additional requirements
RCW 9A 88.140 Vehicle impoundment
Title lit
Though not formally adopted, the provisions in Title 10 RCW apply to and are currently followed by the Kent
Police Department
Chapter 1014 RCW This chapter contains provisions relating to the prevention of harassment Specifically,
this chapter is intended to provide victims with a speedy and inexpensive method of obtaining civil anti-
harassment orders against perpetrators
RCW 10 14 120 Disobedience of order- Penalties
RCW 10 14 170 Criminal penalty
New RCW's Adopted by Reference in Kent City Code
(page 7 of 11)
hapter 10 31 RCW This chapter contains provisions relating to warrant and arrest procedures
RCW 10 31 030 Service—How—Warrant not in possession, procedure—Bail
RCW 10.31 040 Officer may break and enter
RCW 10 31 050 Officer may use force
RCW 10.31 060 Arrest by telegraph or teletype
RCW 10 31 100 Arrest without warrant
Chapter 10 99 RCW This chapter contains provisions pertaining to the official response to domestic violence
cases The purpose of this chapter is to recognize the importance of domestic violence as a serious crime
against society and to assure the victim of domestic violence the maximum protection from abuse, which the law
and those who enforce the law can provide
RCW 10 99 010 Purpose—Intent
RCW 10 99 020 Definitions
RCW 10 99 030 Law enforcement officers - Training, powers, duties - Domestic violence reports
RCW 10 99 040 Duties of court—No-contact order
RCW 10 99 045 Appearances by defendant-No-contact order
RCW 10 99 050 Victim contact - Restriction, prohibition - Violation, penalties - Written order —
Procedures-Notice of change
RCW 10 99 055 Enforcement of orders
RCW 10 99 060 Prosecutors notice to victim-- Description of available procedures
RCW 10 99 070 Liability of peace officers
Title 16
Chapter 16 52 RCW This chapter relates to the prevention of cruelty to animals
RCW 16 52 015 Enforcement— Law enforcement agencies and animal care and control agencies
RCW 16.52 080 Transporting or confining in unsafe manner—Penalty
RCW 16 52 085 Removal of animals for feeding—Examination—Notice—Euthanasia
RCW 16 52 090 Docking horses -- Misdemeanor
RCW 16 52 095 Cutting ears—Misdemeanor
RCW 16 52 100 Confinement without food and water— Intervention by others
RCW 16 52 165 Punishment -- Conviction of misdemeanor
RCW 16 52 200 Sentences — Forfeiture of animals — Liability for cost - Civil penalty — Education,
counseling
RCW 16 52 300 Dogs or cats used as bait— Seizure—Limitation
Title 19
RCW 19 48 110 This section makes it unlaitiful for any person to willfully obtain the products and services of
hotels, motels, restaurants, and ski lodges without paying and with the intent of defrauding the owner or
anager of the premises
RCW 19 48 110 Obtaining hotel, restaurant, lodging house, ski area, etc , accommodations by fraud —
Penalty
New RCW's Adopted by Reference in Kent City Code
(page S of 11)
Title 26
The city currently has its own code sections relating to restraining orders and protection orders There will ble
no substantive change as a result of, lopting these sections Adoption of the following provisions will establish
consistency with the law and with order cities
RCW 26.09 300 Restraining orders —Notice - Refusal to comply—Arrest— Penalty—Defense - Peace
officers, immunity
RCW 26.10 220 Restraining orders—Notice - Refusal to comply—Arrest —Penalty—Defense - Peace
officers, immunity.
RCW 26.26 138 Restraining order- Knowing violation—Penalty-Law enforcement immunity.
RCW 26.28 085 Applying tattoo to a minor-Penalty.
RCW 26 44 020 Definitions
RCW 26 44 030 Reports --Duty and authority to make -- Duty of receiving agency-- Duty to notify --
Case planning and consultation --Penalty for unauthorized exchange of information -
- Filing dependency petitions -- Interviews of children -- Records -- Risk assessment
process--Reports to legislature.
RCW 26 44 040 Reports -- Oral, written-- Contents.
RCW 26 44 060 Immunity from civil or criminal liability- Confidential communications not violated -
Actions against state not affected -False report, penalty
RCW 26 44.063 Temporary restraining order or preliminary injunction — Enforcement - Notice of
modification or termination of restraining order
RCW 26.44 067 Temporary restraining order or preliminary injunction — Contents — Notice
Noncompliance—Defense - Penalty.
RCW 26 44 150 Temporary restraining order restricting visitation for persons accused of sexually or
physically abusing a child - Penalty for violating court order
RCW 26 44 080 Violation—penalty
RCW 26 50 110 Violation of order- Penalties
RCW 26 50 140 Peace officers—Immunity.
RCW 26 52 020 Foreign protection orders - Validity
RCW 26 52 050 Peace officer immunity
RCW 26 52 070 Violation of foreign orders - Penalties
Title 28
Chapter 28A 635 RCW This chapter contains provisions relating to offenses of school property and personnel
For example, it is unlawful for any person to assist another in answering examination questions or disclosing
access to examination questions before the time of examination It is also unlawful for any member of public
school administration to request or receive anything of value for his or her influence with respect to any
proceeding of public education boards/districts, when such a proceeding shall benefit those offering or giving
the thing of value
RCW 28A 635 040 Examination questions—Disclosing—Penalty
RCW 28A 635 050 Certain corrupt practices of school officials —Penalty
New RCW's Adopted by Reference in Kent City Code
(page 9 of 11)
itle 66
CW 66 12.010 This section makes it lawful to manufacture wine or beer in any home for consumption
provided the alcohol is not for sale
RCW 66.12 010 Wine or beer manufactured for home use
Chapter 66 28 RCW This chapter contains provisions relating to registration of kegs containing alcohol For
example, it is unlawful for any person to sell kegs containing four (4) gallons or more of malt liquor to
unlicensed consumers if the kegs are not in compliance with state liquor control board standards
RCW 66 28 220 Keg registration — Identification of containers — Rules — Fees — Sale in violation of
rules unlawful
RCW 66 28 250 Keg registration—Violation constitutes gross misdemeanor
Chapter 66,44 RCW This chapter contains provisions relating to enforcement penalties of alcoholic
beverages For example, some provisions describe which government agencies have authority to create,
investigate, and enforce liquor control laws Other provisions regulate the sale and purchase of alcohol
Finally, certain provisions regulate the age limits of people who may serve and handle alcoholic beverages in
bars and restaurants
RCW 66 44 010 Local officers to enforce law—Authority of board—Liquor enforcement officers
RCW 66 44.040 Sufficiency of description of offenses in complaints, informations,process, etc
RCW 66 44 060 Proof of unlawful sale establishes prima facie intent
• RCW 66 44 070 Certified analysis is prima facie evidence of alcoholic content
RCW 66.44 080 Service of process on corporation
RCW 66 44 090 Acting without a license.
RCW 66 44 120 Unlawful use of seal
RCW 66 44 130 Sales of liquor by drink or bottle
RCW 66 44 140 Unlawful sale, transportation of spirituous liquor without stamp or seal — Unlawful
operation, possession of still or mash
RCW 66 44 160 Illegal Possession, transportation of alcoholic beverages
RCW 66 44 170 Illegal possession of liquor with intent to sell—Prima facie evidence,what is
RCW 66 44 175 Violations of law
RCW 66 44 210 Obtaining liquor for ineligible person
RCW 66 44 280 Minor applying for permit
RCW 66 44 316 Certain persons eighteen years and over permitted to enter and remain upon licensed
premises during employment
RCW 66 44 318 Employees aged eighteen to twenty-one stocking, merchandising, and handling beer
and wine
RCW 66 44 340 Employees eighteen years and older allowed to sell and handle beer and wine for
certain licensed employers
RCW 66 44 350 Employees eighteen years and older allowed to serve and carry liquor, clean up, etc ,
for certain licensed employers
RCW 66 44 370 Resisting or opposing officers in enforcement of title
New RCW's Adopted by Reference in Kent City Code
(page 10 of 11)
Title 69
Chapter 69 41 RCW This chapter contains provisions relating to prescription drugs For instance, it i&
unlawful to possess prescription drugs unless a medical practitioner prescribes them or unless the person in
possession is licensed to sell or deliver them In addition, prescription drugs must bear the proper labeling
which describes the name of the prescriber, complete directions for use, the name of the drug, and the strength
per unit dose Finally, a judge may issue a search warrant if there is reason to believe that prescription drugs
are sold, bought,prescribed, and used unlawfully
RCW 69 41 010 Definitions
RCW 69 41.030 Sale delivery, or possession of legend drug without prescription or order prohibited —
Exceptions
RCW 69 41 050 Labeling requirements.
RCW 69 41 060 Search & seizure
RCW 69.41 070 Penalties
RCW 69 41 320 Practitioners—restricted use—Medical records
Chapter 69 43 RCW This chapter contains provisions pertaining to manufacturers and wholesalers who
purchase and distribute precursor drugs that may serve as ingredients for methamphetammes This chapter
was recently established to combat methamphetamme production One section makes it a crime to possess
large quantities of pseudoephednne, a major ingredient of methamphetamine
RCW 69 43 010 Report to state board of pharmacy—List of substances — Modification of list —
Identification of purchasers—Report of transactions—Penalties
RCW 69 43 020 Receipt of substance from source outside state—Report—Penalty
RCW 69 43 030 Exemptions
RCW 69 43 035 Suspicious transactions—Report—Penalty
RCW 69 43 040 Reporting form
RCW 69 43.043 Recordkeepmg requirements—Penalty
RCW 69 43 048 Reporting and recordkeepmg requirements — Submission of computer readable data,
copies of federal reports.
RCW 69 43 090 Permit to sell, transfer, furnish, or receive substance — Exemptions — Application for
permit—Fee—Renewal—Penalty
RCW 69 43 110 Ephedrine,pseudoephednne,phenylpropanolamme— Sales restrictions—Penalty
RCW 69 43 130 Exemptions — Pediatric products — Products exempted by the state board of
pharmacy
Chapter 69 50 RCW This chapter contains provisions relating to the Uniform Controlled Substances Act
Schedules I-V below provide an extensive list of drugs defined as controlled substances It is also unlawful for
any person to conspire to commit a controlled substance offense Finally, it is unlawful for any person to give
drug paraphernalia to another An extensive list of drug paraphernalia is provided The city already adopts
most of the sections under Chapter 69 50 RCW, and the adoption of these sections will have no substantive
effect
RCW 69 50 202 Nomenclature
RCW 69 50 204 Schedule I
New RCW's Adopted by Reference in Kent City Code
(page 11 of 11)
RCW 69 50 206 Schedule II
RCW 69 50 208 Schedule III
RCW 69 50 210 Schedule W
RCW 69 50 212 Schedule V
RCW 69.50,404 Penalties under other laws
RCW 69.50 407 Conspiracy
RCW 69 50 4121 Drug Paraphernalia—Selling or giving—Penalty
Title 70
Chapter 70 74 RCW This chapter contains provisions relating to the Washington State Explosives Act For
example, authorized persons and law enforcement officers acting within their official capacity may enter anv
building or car containing explosives in this state In addition, it is unlawful to activate gas bombs or other
annoying devices which give off a pungent odor Finally, explosive devices used in violation of a provision of
this chapter are subject to seizure and forfeiture by a law enforcement agency
RCW 70.74 160 Unlawful access to explosives
RCW 70 74 310 Gas bombs, explosives, stink bombs, etc
RCW 70 74 400 Seizure and forfeiture
Title 74
&hapter 74 34 RCW This chapter contains provisions relating to the abuse of vulnerable adults It describes
e duties and responsibilities of mandated reporters who must file written or oral reports of vulnerable adult
abuse
RCW 74 34 020 Definitions
RCW 74 34.035 Reports—Mandated and permissive—Contents— Confidentiality
RCW 74 34 040 Reports—Contents— Identity confidential
RCW 74 34 050 Immunity from liability
RCW 74 34 053 Failure to report—False reports—Penalties
RCW 74 34 145 Protection of vulnerable adults — Notice of criminal penalties for violation —
Enforcement under RCW 26 50 110
I
ORDINANCE NO,
AN ORDINANCE of the City Council of the City
of Kent, Washington, repealing ch 9 02 of the Kent City
Code and enacting a new chapter, ch 9 02, entitled
"Criminal Code "
WHEREAS, state law requires municipalities to enforce all
misdemeanor and gross misdemeanor violations of criminal law that occur within the
limits of the municipality, and
WHEREAS, the City has enacted many local criminal code sections that
are identical, or nearly identical, to existing state criminal law statutes, and
WHEREAS, section 35A 12 140 of the Revised Code of Washmgton
("RCW") permits the City to adopt by reference sections of the RCW, and
WHEREAS, other than the locally enacted criminal code provisions, the
City has adopted numerous RCW sections, however, many other state statutes relating
to criminal conduct are not adopted in the current criminal code and are, therefore,
unenforceable, and
WHEREAS, replacing the current criminal code with a simplified
criminal code that incorporates RCW criminal code sections by reference rather than
1 Kent Cruninal Cade -2002
restating them as local code sections would benefit police officers, prosecutors, and
court staff, and •
i
WHEREAS, this ordinance will protect the health, safety, and welfare
I of the citizens of Kent, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. — Repeal Chapter 9 02 of the Kent City Code, entitled
"Criminal Code," is hereby repealed in its entirety
SECTION 2. — Adoption A new chapter, chapter 9 02, entitled
"Criminal Code," is hereby adopted to read as follows
CHAPTER 9.02. CRIMINAL CODE
Sec. 9.02.010. Preliminary article.
A Chapter 9 02 shall be known and may be cited as the "Kent Criminal Code "
B As used in this chapter, "RCW" shall mean the Revised Code of Washington
C If any section, subsection, sentence, or provision of this chapter, or its
application to any person or circumstance is held invalid, the remainder of this chapter,
or the application of the section, subsection, sentence, or provision to other persons or
circumstances is not affected, and to this end, the sections, subsections, sentences and
provisions of this chapter are declared to be severable
D By adopting state statutes, the City intends to assume jurisdiction over and
become the jurisdictional authority for the enforcement and prosecution of
misdemeanor and gross misdemeanor crimes Whenever the word "state" shall appear
in any statute adopted by reference in this title, the word "City" shall be substituted
'therefore, PROVIDED, however, the term "City" shall not be substituted for the term
2 Kent Criminal Code-2002
"state" in those circumstances that set forth administrative or licensing duties of the
state and its subdivisions,
E Whenever a state statute specifically adopted in this chapter refers to another
state statute not specifically adopted in this chapter, the statute referred to shall be
given the force and effect necessary to enforce the statute specifically adopted in this
chapter
F. Any section of this chapter that is repealed or amended by ordinance shall
i
remain to full force and effect until the effective date of the ordinance repealing or
amending the section Any state statute that is adopted by reference which is later
amended, repealed, or recodified shall remain in full force and effect until the effective
date of the legislative act that repeals, recodifies, or amends the state statute The
amendment or Tecodification of any state statute adopted in this chapter shall be given
its full force and effect upon the effective date of its amendment or recodification
G When issuing a citation, information, or complaint for the violation of any `
section of the RCW adopted by this chapter, it shall be sufficient for a commissioned
officer or prosecutor to cite to and refer to the RCW section number l
i
I
Sec. 9.02.020. Adoption of sections of Revised Code of Washington not
specifically set forth in sections 9.02.030 through 9.02.170 of the Kent City Code.
A With the exception of the RCW sections set forth in subsection (C) of this
section, and notwithstanding the RCW sections that are specifically adopted by
reference in sections 9 02 030 through 9.02,170 of the Kent City Code, all RCW
sections that constitute misdemeanors and gross misdemeanors and the RCW sections
necessary for the investigation, arrest, prosecution, sentencing, confinement, and
enforcement of misdemeanors and gross misdemeanors are hereby adopted by
I
reference as currently enacted or as hereafter amended or recodified from time to time,
and shall be given the same force and effect as if set forth herein in full
B All class C felony cnmes set forth in the RCW are hereby adopted by reference
for the purposes of charging a gross misdemeanor for a violation of any of the crimes
3 Kent Criminal Code-2002
set forth in chapter 9A 28 RCW The adoption of class C felonies shall be subject to
the provisions of subsection (A) of this section and Kent City Code section 9 02 010
I'
C The following RCW sections are not adopted by the City of Kent
I
RCW 9A 76 020 Obstructing a law enforcement officer
RCW 9A 76 130 Escape in the third degree
1 RCW 9A.84 030 Disorderly conduct
Sec. 9.02.030. Ch. 2.48 RCW, entitled "State Bar Act" - Adoption by
reference. The following RCW sections, as currently enacted or as hereafter amended
or recodified from time to time, are hereby adopted by reference and shall be given the
same force and effect as if set forth herein in full
RCW 2 48 180 Definitions—Unlawful practice a crime — Cause for discipline —
Unprofessional conduct — Defense — Injunction — Remedies —
Costs—Attorneys' fees—Time limit for action
Sec. 9.02.040. Ch. 7.21 RCW, entitled "Contempt of Court" - Adoption by
reference. The following RCW sections, as currently enacted or as hereafter amended
or recodified from time to time, are hereby adopted by reference and shall be given the
same force and effect as if set forth herein in full
RCW 7 21 010 Definitions
RCW 7 21,020 Sanctions - Who may impose
RCW 7 21 030 Remedial sanctions - Payment for losses
RCW 7 21 040 Punitive sanctions -Fines
RCW 7 21 050 Sanctions - Summary imposition - Procedure
RCW 7 21 070 Appellate Review
i
Sec. 9.02.050. Ch. 7.80 RCW, entitled "Civil Infractions" - Adoption by
reference. The following RCW section, as currently enacted or as hereafter amended
or recodified from time to time, is hereby adopted by reference and shall be given the
same force and effect as if set forth herein in full
RCW 7 80 120 Monetary penalties—Restitution
4 Kent Criminal Code -2002
i
Sec. 9.02.060. Title 9 RCW, entitled "Crimes and Punishments" - I
Adoption by reference. The following RCW sections, as currently enacted or as
I
hereafter amended or recodified from time to time, are hereby adopted by reference
and shall be given the same force and effect as if set forth herein in full
i
RCW 9MI 055 Citizen immunity if aiding officer, scope -When
RCW 9 01 110 Omission, when not punishable
RCW 9 01 130 Sending letter, when complete
RCW 9 02 050 Concealing birth
I
RCW 9 03 010 Abandoning, discarding refrigeration equipment
RCW 9 03 020 Permitting unused equipment to remain on premises
RCW 9 03 040 Keeping or storing equipment for sale
I
RCW 9 04 010 False advertising
RCW 9 04,090 Advertising fuel prices by service stations
RCW 9,08 030 False certificate of registration of animals — False representation
as to breed
RCW 9 08 065 Definitions
RCW 9 08 070 Pet animals — Taking, concealing, injuring, killing, etc —
Penalty
RCW 9 12 010 Barratry
RCW 9 12,020 Buying, demanding, or promising reward by district judge or
deputy
RCW 9 16 005 Definitions
RCW 9 16 010 Removing lawful brands
RCW 9 16 020 Imitating lawful brand
RCW 9 16 030 Counterfeit mark —Intellectual property
RCW 9 16 035 Counterfeiting - Penalties
RCW 9 16 041 Counterfeit items - Seizure and forfeiture
RCW 9 16 050 Wlien deemed affixed
RCW 9 16 060 Fraudulent registration of trademark
RCW 9 16 070 Form and similitude defined
RCW 9 16 080 Petroleum products improperly labeled or graded
RCW 9 16 090 Petroleum products - Penalty
RCW 9 16.100 Use of the words "sterling silver," etc
RCW 9 16 110 Use of words "coin silver," etc
RCW 9 16 120 Use of the word "sterling" on mounting
RCW 9 16 130 Use of the words "coin silver" on mounting
5 Kent Criminal Code - 2002
!'RCW 9 16 140 Unlawfully marking article made of gold
RCW 9 16 150 "Marked, stamped or branded" defined
RCW 9 18 080 Offender a competent witness
RCW 9 18 120 Suppression of competitive bidding
RCW 9 18 130 Collusion to prevent competitive bidding
RCW 9 18 140 Penalty
RCW 9 18 150 Agreements outside state
RCW 9 24 010 Fraud in stock subscription
RCW 9 24 040 Corporation doing business without license
RCW 9 26A 090 Telephone company credit cards—Prohibited acts.
RCW 9 26A 100 Definitions,
RCW 9 26A 110 Fraud in obtaining telecommunications service—Penalty
RCW 9 26A 120 Fraud in operating coin-box telephone or other receptacle
RCW 9 26A 130 Penalty for manufacture or sale of slugs to be used for coin
RCW 9 27 015 Interference, obstruction of any court, building, or residence —
Violations
RCW 9 35 030 Soliciting undesired mail
RCW 9 38 010 False representation concerning credit
RCW 9 38 015 False statement by deposit account applicant
RCW 9 38 020 False representation concerning title
RCW 9 40 040 Operating engine or boiler without spark arrester
RCW 9 40 100 Tampering with fire alarm or fire fighting equipment — False
alarm— Penalties
RCW 9 41 010 Terms defined
RCW 9 41 040 Unlawful possession of firearms - Ownership, possession by
certain persons
RCW 9 41 050 Carrying firearms
RCW 9 41 060 Exceptions to restrictions on carrying firearms
RCW 9 41 090 Dealer deliveries regulated—Hold on delivery
RCW 9 41 100 Dealer licensing and registration required
RCW 9 41 110 Dealer's licenses, by whom granted, conditions, fees -
Employees, fingerprinting and background checks - Wholesale
sales excepted—Permits prohibited
RCW 9 41 140 Alteration of identifying marks— Exceptions
RCW 9 41 220 Unlaw; -ms and parts contraband
RCW 9 41 230 Aiming targing firearms, dangerous weapons
RCW 9 41 240 Possessioi pistol by person from eighteen to twenty-one
6 Kent Crnninal Code-2002
u RCW 9 41 250 Dangerous weapons—Penalty
RCW 9 41 260 Dangerous exhibitions `
RCW 9 41 270 Weapons apparently capable of producing bodily harm —
Unlawful carrying or handling —Penalty—Exceptions
RCW 9 41 280 Possessing dangerous weapons on school facilities — Penalty —
Exceptions
I RCW 9 41 300 Weapons prohibited in certain places — Local laws and
ordinances—Exceptions—Penalty
RCW 9 41 800 Surrender of weapons or licenses - Prohibition on future
possession or licensing
RCW 9 41 810 Penalty
RCW 9 44 080 Misconduct in signing a petition
RCW 9 45 060 Encumbered, leased, or rented personal property— Construction
RCW 9 45 070 Mock auctions
RCW 9 45 080 Fraudulent removal of property
RCW 9 45 090 Knowingly receiving fraudulent conveyance f
RCW 9 45 100 Fraud in assignment for benefit of creditors
RCW 9 46 196 Cheating
I
RCW 9.47A 010 Definition
RCW 9 47A 020 Unlawful inhalation— Exception
RCW 9 47A 030 Possession of certain substances prohibited, when
RCW 9 47A 040 Sale of certain substances prohibited, when f
RCW 9 47A 050 Penalty i
RCW 9 51 010 Misconduct of officer drawing jury
RCW 9 51 020 Solicitingjury duty
RCW 9,51 030 Misconduct of officer in charge of jury
RCW 9 61 230 Telephone harassment
RCW 9 61 240 Telephone harassment— Permitting telephone to be used. `
RCW 9 61 250 Telephone harassment—Offense,where deemed committed
RCW 9 62 010 Malicious prosecution
RCW 9 62 020 Instituting suit in name of another
RCW 9 66 010 Public nuisance
RCW 9 66 020 Unequal damage
RCW 9 66 030 Maintaining or permitting nuisance
RCW 9 66 040 Abatement of nuisance
RCW 9 66 050 Deposit of unwholesome substance
7 Kent Criminal Code- 2002
I RCW 9 68 015 Obscene literature, shows, etc - Exemptions
RCW 9 68 030 Indecent articles, etc
I RCW 9 68 050 "Erotic material" -Definitions
RCW 9 68 060 "Erotic material" — Determination by court — Labeling -
Penalties
RCW 9 68 070 Prosecution for violation of RCW 9 68 060 -Defense
RCW 9 68 080 Unlawful acts
RCW 9 68 100 Exceptions to RCW 9 68 050 through 9 68.120
RCW 9 68 010 Motion picture operator or projectionist exempt, when
RCW 9 68 130 "Sexually explicit material" - Defined—Unlawful display
I�
RCW 9 68A Olt Definitions
RCW 9 68A 080 Processors of depictions of minor engaged in sexually explicit
conduct—Report required.
RCW 9 68A 090 Communication with minor for immoral purposes.
RCW 9 68A 110 Certain defenses barred, permitted
RCW 9 68A 120 Seizure and forfeiture of property
RCW 9 68A 140 Definitions
RCW 9 68A 150 Allowing minor on premises of live erotic performance
RCW 9 68A 160 Penalty
RCW 9 69 100 Duty of witness of offense against child or any violent offense -
Penalty
RCW 9 72 090 Committal of witness - Detention of documents 1
RCW 9 73 010 Divulging telegram
RCW 9 73 020 Opening sealed letter
RCW 9 73 030 Intercepting, recording or divulging private communication —
Consent required—Exceptions
RCW 9 73,050 Admissibility of intercepted communication in evidence
RCW 9 73,070 Persons and activities excepted from chapter
RCW 9 73.080 Penalties
RCW 9 73 090 Certain emergency response personnel exempted from RCW
9 73 030 through RCW 9 73 080 — Standards — Court
authorizations - Admissibility
RCW 9 73 100 Recordings available to defense counsel
RCW 9 73.110 Intercepting, recording, or disclosing private communications -
Not unlawful for building owner— Conditions
RCW 9 91.010 Denial of civil rights - Terms defined
RCW 9 91 020 Operating railroad, steamboat, vehicle, etc , while intoxicated
RCW 9 91 025 Unlawful bus conduct
RCW 9 91 060 Leaving children unattended in a parked automobile
' RCW 9 91 140 Food stamps
8 Kent Criminal Code -2002
RCW 9 91 160 Personal protection spray devices
RCW 9 91 170 Interfering with dog guide or service animal
li
See. 9.02.070. Title 9A RCW, entitled "Washington Criminal Code" -
I
Adoption by reference. The following RCW sections, as currently enacted or as
hereafter amended or recodified from time to time, are hereby adopted by reference
and shall be given the same force and effect as if set forth herein in full
, I
RCW 9A 04 020 Purposes - Principles of construction
RCW 9A 04 030 State criminal jurisdiction
RCW 9A 04 050 People capable of committing crimes - Capability of children
RCW 9A 04 060 Common law to supplement statute
RCW 9A 04 070 Who amenable to criminal statutes
RCW 9A 04 080 Limitation of actions
RCW 9A.04 090 Application of general provisions of the code
RCW 9A.04 100 Proof beyond a reasonable doubt
RCW 9A 04 110 Definitions
RCW 9A 08 010 General requirements of culpability
RCW 9A 08,020 Liability for conduct of another- Complicity
RCW 9A 08 030 Corporate and personal liability
I
RCW 9A 12 010 Insanity
RCW 9A 16 010 Definitions
RCW 9A 16 020 Use of force - When lawful
RCW 9A 16 060 Duress
RCW 9A 16 070 Entrapment
RCW 9A 16 090 Action for being detained on mercantile establishment premises
for investigation- 'Reasonable grounds" as defense
RCW 9A 16 090 Intoxication
RCW 9A.16.100 Use of force on children — Policy - Actions presumed
unreasonable
i
RCW 9A 28 020 Criminal attempt
RCW 9A 28 030 Criminal solicitation
RCW 9A 28 040 Criminal conspiracy
RCW 9A 36 041 Assault in the fourth degree
RCW 9A 36 050 Reckless endangerment
RCW 9A 36 070 Coercion
RCW 9A 36 150 Interfenng with the reporting of domestic violence
9 Kent Criminal Code -2002
RCW 9A 40 010 Definitions
RCW 9A 40 070 Custodial interference in the second degree
RCW 9A 40 080 Custodial interference — Assessment of costs — Defense —
Consent defense, restricted
RCW 9A 42 010 Definitions
RCW 9A 42 035 Criminal mistreatment in the third degree
RCW 9A 42 040 Withdrawal of life support systems.
RCW 9A 42 045 Palliative care
RCW 9A 42 050 Defense of financial inability
RCW 9A 42 080 Abandonment of a dependent person in the third degree
RCW 9A 42 090 Abandonment of a dependent person—Defense
RCW 9A 44 010 Definitions
RCW 9A 44 096 Sexual misconduct with a minor in the second degree
RCW 9A 46 010 Legislative finding
RCW 9A 46 020 Definition—Penalties
RCW 9A 46 030 Place where committed
RCW 9A 46 040 Court-ordered requirements upon person charged with crime —
Violation
RCW 9A 46.050 Arraignment—No contact order
RCW 9A 46 060 Crimes included in harassment
RCW 9A 46 070 Enforcement of orders restricting contact
RCW 9A 46 080 Order restricting contact—Violation
RCW 9A 46 090 Nonliability of peace officer
RCW 9A 46 100 "Convicted," time when
RCW 9A 46 110 Stalking
RCW 9A 48 010 Definitions
RCW 9A 48 050 Reckless burning in the second degree
RCW 9A 48 060 Reckless burning—Defense
RCW 9A 48 090 Malicious mischief in the third degree
RCW 9A 48 100 Malicious mischief—"Physical damage" defined
RCW 9A 48 110 Defacing a state monument
RCW 9A 49 001 Findings
RCW 9A 49 010 Definitions
RCW 9A 49 030 Unlawful discharge of a laser in the second degree
RCW 9A 49 040 Civil infraction, when
RCW 9A 49 050 Exclusions
RCW 9A 50 010 Definitions
RCW 9A 50.020 Interference with health care facility
RCW 9A 50 030 Penalty •
10 Kent Criminal Code- 2002
A
RCW 9A 52,010 Definitions
RCW 9A 52 050 Other crime in committing burglary punishable
RCW 9A 52 060 Making or having burglar tools
RCW 9A 52 070 Criminal trespass in the first degree
RCW 9A 52 080 Criminal trespass in the second degree.
RCW 9A.52 090 Criminal trespass—Defenses
RCW 9A 52 100 Vehicle prowling in the second degree `
RCW 9A 52 120 Computer trespass in the second degree
RCW 9A 52 130 Computer trespass—Commission of other crime
RCW 9A 56 010 Definitions
RCW 9A 56 020 Theft—Definition, defense
RCW 9A 56 050 Theft in the third degree
RCW 9A 56 060 Unlawful issuance of checks or drafts
RCW 9A 56 096 Theft of rental, leased, or lease-purchased property
RCW 9A56140 Possessing stolen property—Definition—Presumption
RCW 9A 56 170 Possessing property in the third degree
RCW 9A 56 180 Obscuring the identity of a machine
RCW 9A 56 220 Theft of subscription television services
RCW 9A 56 240 Forfeiture and disposal of device used to commit violation
RCW 9A 56 260 Connection of channel converter
RCW 9A 56 270 Shopping cart theft
RCW 9A 60 010 Definitions
RCW 9A 60 040 Criminal impersonation
RCW 9A 60 050 False certification
RCW 9A 61 010 Definitions
RCW 9A 61 020 Defrauding a public utility
RCW 9A 61 050 Defrauding a public utility in the thud degree
RCW 9A 61 060 Restitution and costs
RCW 9A 72 010 Definitions
RCW 9A 72 040 False swearing
RCW 9A 72 050 Perjury and false swearing— Inconsistent statements—Degree of j
crime Il
RCW 9A 72 060 Perjury and false swearing—Retraction
RCW 9A 72 070 Perjury and false swearing—Irregularities no defense
RCW 9A 72 080 Statement of what one does not know to be true
RCW 9A.72 085 Unswom statements, certification
RCW 9A.72 140 Jurytampenng
RCW 9A.72 150 Tampering with physical evidence
11 Kent Criminal Code-2002
RCW 9A 76 010 Definitions
RCW 9A 76 030 Refusing to summon aid for a peace officer
RCW 9A 76 040 Resisting arrest.
RCW 9A.76 050 Rendering criminal assistance—Definition of term.
RCW 9A 76 060 Relative defined
I RCW 9A 76 070 Rendering criminal assistance in the first degree
RCW 9A 76 080 Rendering criminal assistance in the second degree
RCW 9A.76 090 Rendering criminal assistance in the third degree
RCW 9A 76 100 Compounding
RCW 9A.76.160 Introducing contraband in the third degree
RCW 9A 76 170 Bailjumpmg
RCW 9A 76 175 Making a false or misleading statement to a public servant
RCW 9A 80 010 Official misconduct
'RCW 9A 84 010 Riot
RCW 9A 84 020 Failure to disperse
RCW 9A 84 040 False reporting
RCW 9A 88 010 Indecent exposure
RCW 9A 88 030 Prostitution
RCW 9A.88 050 Prostitution—Sex of parties immaterial —No defense
RCW 9A 88 090 Permitting prostitution
RCW 9A 88 110 Patronizing a prostitute
RCW 9A 88 120 Additional fee assessments
RCW 9A 88 130 Additional requirements
RCW 9A 88 140 Vehicle impoundment
i
See. 9.02.080. Title 10 RCW, entitled "Criminal Procedure" - Adoption by
reference. The following RCW sections, as currently enacted or as hereafter amended
or recodified from time to time, are hereby adopted by reference and shall be given the
I
same force and effect as if set forth herein in full
RCW 10 14 120 Disobedience of order - Penalties
' RCW 10 14 170 Criminal penalty
RCW 10 31 030 Service— How—Warrant not in possession, procedure—Bail
RCW 10 31 040 Officer may break and enter
RCW 10 31 050 Officer may use force
RCW 10 31 060 Arrest by telegraph or teletype
' RCW 10 31 100 Arrest without warrant
is
12 Kent Criminal Code- 2002
RCW 10,99 010 Purpose—Intent
RCW 10.99 020 Definitions
RCW 10 99 030 Law enforcement officers - Training, powers, duties - Domestic
violence reports
RCW 10 99,040 Duties of court—No-contact order
RCW 10 99,045 Appearances by defendant-No-contact order
RCW 10 99 050 Victim contact - Restriction, prohibition - Violation, penalties -
Wntten order—Procedures - Notice of change j
"RCW 10 99 055 Enforcement of orders ll
RCW 10 99 060 Prosecutor's notice to victim - Description of available
procedures
RCW 10 99 070 Liability of peace officers
I
Sec. 9.02.090. Ch. 13.32A RCW, entitled "Family Reconciliation Act" -
Adoption by reference. The following RCW section, as currently enacted or as
hereafter amended or recodified from time to time, is hereby adopted by reference and
shall be given the same force and effect as if set forth herein in full
RCW 13 32A O80 Unlawful harboring of a minor — Penalty — Defense —
Prosecution of adult for involving child in commission of
offense
See. 9.02.100. Ch. 16.52 RCW, entitled "Prevention of Cruelty to
Animals" - Adoption by reference. The following RCW sections, as currently
enacted or as hereafter amended or recodified from time to time, are hereby adopted by
reference and shall be given the same force and effect as if set forth herein in full
RCW 16 52 Ol l Definitions—Principles of liability_
RCW 16 52 015 Enforcement—Law enforcement agencies and animal care and
control agencies
RCW 16 52 080 Transporting or confining in unsafe manner—Penalty l
RCW 16 52 085 Removal of animals for feeding—Examination—Notice —
Euthanasia
RCW 16 52 090 Docking horses—Misdemeanor
RCW 16 52 095 Cutting ears —Misdemeanor
RCW 16 52 100 Confinement without food and water—Intervention by others
RCW 16 52 117 Animal fighting—Owners, trainers, spectators —Exceptions
RCW 16 52 165 Punishment -Conviction of misdemeanor
RCW 16 52 190 Poisoning animals
RCW 16 52 195 Poisoning animals —Penalty
13 Kent Criminal Code- 2002
RCW 16 52.200 Sentences—Forfeiture of animals—Liability for cost- Civil
penalty—Education, counseling
RCW 16 52 207 Animal cruelty in the second degree
RCW 16 52 210 Destruction of animal by law enforcement officer — Immunity
from liability
RCW 16 52 300 Dogs or cats used as bait— Seizure —Limitation
Sec. 9.02.110. Ch. 19.48 RCW, entitled "Hotels, Lodging Houses, etc.—
Restaurants" - Adoption by reference. The following RCW section, as currently
enacted or as hereafter amended or recodified from time to time, is hereby adopted by
reference and shall be given the same force and effect as if set forth herein in full
RCW 19 48 110 Obtaining hotel, restaurant, lodging house, ski area, etc.,
accommodations by fraud- Penalty
See. 9.02.120. Title 26 RCW, entitled "Domestic Relations" - Adoption by
reference. The following RCW sections, as currently enacted or as hereafter amended
or recodified from time to time, are hereby adopted by reference and shall be given the
same force and effect as if set forth herein in full
RCW 26 09 300 Restraining orders — Notice - Refusal to comply — Arrest —
Penalty—Defense - Peace officers, immunity
RCW 26 10 220 Restraining orders — Notice - Refusal to comply — Arrest —
Penalty—Defense - Peace officers, immunity
f
RCW 26 26 138 Restraining order - Knowing violation — Penalty - Law
enforcement immunity
ii
RCW 26 28 080 Selling or giving tobacco to minor — Belief of representative
capacity, no defense—Penalty
RCW 26 28 085 Applying tattoo to a minor- Penalty
RCW 26 44 020 Definitions,
RCW 26 44 030 Reports -Duty and authority to make - Duty of receiving agency
- Duty to notify- Case planning and consultation - Penalty for
unauthorized exchange of information - Filing dependency
petitions - Interviews of children - Records - Risk assessment
process-Reports to legislative
RCW 26 44 040 Reports - Oral, written - Contents
14 Kent Criminal Code-2002
RCW 26 44 060 Immunity from civil or criminal liability - Confidential
communications not violated - Actions against state not affected
False report, penalty
RCW 26 44 063 Temporary restraining order or preliminary injunction —
Enforcement - Notice of modification or termination of
restraining order.
RCW 26 44 067 Temporary restraining order or preliminary m3unction —
Contents—Notice—Noncompliance— Defense - Penalty
RCW 26 44 150 Temporary restraining order restricting visitation for persons
accused of sexually or physically abusing a child - Penalty for
violating court order
I
RCW 26 44 080 Violation—penalty
RCW 26 50 110 Violation of order -Penalties
RCW 26 50 140 Peace officers—Immunity
RCW 26 52 020 Foreign protection orders - Validity
RCW 26 52 050 Peace officer immunity
RCW 26 52 070 Violation of foreign orders - Penalties
Sec. 9.02.130. Ch. 28A.635 RCW, entitled "Offenses Relating to School
Property and Personnel' - Adoption by reference. The following RCW sections, as
currently enacted or as hereafter amended or recodified from time to time, are hereby
adopted by reference and shall be given the same force and effect as if set forth herein
in full
RCW 28A 635 020 Willfully disobeying school administrative personnel or refusing f
to leave public property, violations, when—Penalty
RCW 28A 635 040 Examination questions—Disclosing—Penalty
RCW 28A 635 050 Certain corrupt practices of school officials -Penalty
RCW 28A 635 090 Interference by force or violence —Penalty
RCW 28A 635 100 Intimidating any administrator, teacher, classified employee, or
student by threat of force or violence unlawful
RCW 28A 635 110 Violations under RCW 28A 635 090 and RCW 28A 635 100 —
Disciplinary authority exception
RCW 28A 635 120 Violations under RCW 28A 635 090 and RCW 28A 635 100 —
Penalty
15 Ken[Crnnutal Code -2002
Sec. 9.02.140. Title 66 RCW, entitled "Alcoholic Beverage Control'-
I Adoption by reference. The following RCW sections, as currently enacted or as
hereafter amended or recodified from time to time, are hereby adopted by reference
and shall be given the same force and effect as if set forth herein in full
RCW 66.04 010 Definitions
RCW 66.12 010 Wine or beer manufactured for home use
RCW 66 28 200 Keg registration - Special endorsement for grocery store licensee
-Requirements of seller
RCW 66.28 210 Keg registration -Requirements of purchaser
,'RCW 66.28 220 Keg registration - Identification of containers - Rules - Fees -
Sale in violation of rules unlawful
RCW 66.28 230 Keg registration—Furnishing to minors -Penalties
RCW 66,28 250 Keg registration—Violation constitutes gross misdemeanor
RCW 66.44 010 Local officers to enforce law - Authority of board - Liquor
enforcement officers
RCW 66 44 040 Sufficiency of description of offenses in complaints,
informations,process,etc
RCW 66 44 060 Proof of unlawful sale establishes prima facie intent
RCW 66 44 070 Certified analysis is prima facie evidence of alcoholic content
RCW 66 44 080 Service of process on corporation
RCW 66 44 090 Acting without license
RCW 66 44 100 Opening or consuming liquor in a public place —Penalty
RCW 66 44 120 Unlawful use of seal
RCW 66 44 130 Sales of liquor by drink or bottle
RCW 66 44 140 Unlawful sale, transportation of spirituous liquor without stamp
or seal-Unlawful operation, possession of still or mash,
RCW 66 44 150 Buying liquor illegally
RCW 66A4 160 Illegal possession, transportation of alcoholic beverages
RCW 66 44 170 Illegal possession of liquor with intent to sell - Prima facie
evidence, what is
RCW 66 44 175 Violations of law
RCW 66 44 180 General penalties —Jurisdiction for violations
RCW 66 44 200 Sales to persons apparently under the influence of liquor -
Purchases or consumption by persons apparently under the
influence of liquor on licensed premises - Penalty- Notice -
Separation of actions
RCW 66 44 210 Obtaining liquor for ineligible person
RCW 66 44 240 Drinking in public conveyance — Penalty against carrier —
Exception
16 Kent Criminal Code -2002
'RCW 66 44 250 Drinking in public conveyance — Penalty against individual —
Restricted application
i�RCW 66 44 270 Furnishing liquor to minors — Possession, use — Exhibition of
effects—Exceptions
RCW 66 44 280 Minor applying for permit
RCW 66.44 290 Minor purchasing or attempting to purchase liquor
RCW 66 44 291 Minor purchasing or attempting to purchase liquor — Penalty i
against persons between ages of eighteen and twenty, inclusive
RCW 66 44 300 Treats, gifts, purchases of liquor for or from minor, or holding
out minor as at least twenty-one, in public place where liquor
sold
RCW 66 44 310 Minors frequenting off-limits area — Misrepresentation of age —
Penalty— Classification of licensees
RCW 66 44 316 Certain persons eighteen years and over permitted to enter and
remain upon licensed premises during employment
RCW 66 44 318 Employees aged eighteen to twenty-one stocking,
merchandising, and handling beer and wine
RCW 66 44 325 Unlawful transfer to a minor of an identification of age
RCW 66 44 328 Preparation or acquisition and supply to persons under age
twenty-one of facsimile of official identification card—Penalty {
RCW 66 44 340 Employees eighteen years and over allowed to sell and handle
beer and wine for certain licensed employers
RCW 66 44 350 Employees eighteen years and over allowed to sen e and carry
liquor, clean up, etc , for certain licensed employers
RCW 66 44 370 Resisting or opposing officers in enforcement of title
See. 9.02.150. Title 69 RCW, entitled "Food, Drugs, Cosmetics, and
Poisons" - Adoption by reference. The following RCW sections, as currently
enacted or as hereafter amended or recodified from time to time, are hereby adopted by
reference and shall be given the same force and effect as if set forth herein in full
RCW 69 41 010 Definitions
RCW 69 41 030 Sale, delivery, or possession of legend drug without prescription
or order prohibited—Exceptions
RCW 69 41 050 Labeling requirements
RCW 69 41 060 Search and seizure
RCW 69 41 070 Penalties
RCW 69 41 320 Practitioners—Restricted use —Medical records
RCW 69 43 010 Report to state board of pharmacy-List of substances-
Modification of list-Identification of purchasers-Report of
transactions-Penalties
RCW 69 43 020 Receipt of substance from source outside state-Report-Penalty
17 Kent Criminal Code-2002 l
RCW 69 43.030 Exemptions
RCW 69 43.035 Suspicious transactions-Report-Penalty
RCW 69 43 040 Reporting form
RCW 69 43 043 Recordkeepmg requirements-Penalty
RCW 69 43 048 Reporting and recordkeepmg requirements-Submission of
computer readable data, copies of federal reports.
RCW 69 43 090 Permit to sell, transfer, furnish, or receive substance-
Exemptions-Application for permit-Fee-Renewal-Penalty
RCW 69 43 110 Ephednne,pseudoephednne, phenylpropanolamine-Sales
restnctions-Penalty
RCW 69 43 120 Ephednne, pseudoephednne,phenylpropanolamme-Possession
of more than fifteen grams-Penalty-Exceptions.
RCW 69 43 130 Exemptions-Pediatric products-Products exempted by the state
board of pharmacy
RCW 69 50 101 Definitions.
RCW 69 50 102 Drug paraphernalia—Definitions
RCW 69 50 202 Nomenclature
RCW 69.50 204 Schedule I
RCW 69.50 206 Schedule II
RCW 69 50 208 Schedule III
RCW 69 50 210 Schedule IV
RCW 69 50 212 Schedule V
RCW 69 50 401 Prohibited acts A—Penalties
RCW 69.50 404 Penalties under other laws
RCW 69 50 407 Conspiracy
RCW 69 50 408 Second or subsequent offenses
RCW 69 50 412 Prohibited acts E—Penalties
RCW 69 50 4121 Drug paraphernalia—Selling or giving—Penalty
RCW 69 50 425 Misdemeanor violations—Minimum imprisonment
See. 9.02.160. Title 70 RCW, entitled "Public Health and Safety" -
Adoption by reference. The following RCW sections, as currently enacted or as
,hereafter amended or recodified from time to time, are hereby adopted by reference
and shall be given the same force and effect as if set forth herein in full
RCW 70 74 010 Definitions
RCW 70 74 160 Unlawful access to explosives
RCW 70 74 295 Abandonment of explosives
RCW 70 74 300 Explosive containers to be marked—Penalty
RCW 70 74 310 Gas bombs, explosives, stink bombs, etc
RCW 70 74 400 Seizure and forfeiture
18 Kent Criminal Code- 2002
'RCW 70 155 080 Purchasing, possessing, or obtaining tobacco by persons under
the age of eighteen - Civil infraction - Courts of jurisdiction
Sec. 9.02.170. Ch. 74.34 RCW, entitled "Abuse of Vulnerable Adults" -
Adoption by reference. The following RCW sections, as currently enacted or as
{ hereafter amended or recodified from time to time, are hereby adopted by reference
11 and shall be given the same force and effect as if set forth herein in full
RCW 74 34 020 Definitions
RCW 74 34 021 Vulnerable adult - Definition
RCW 74 34 035 Reports -Mandated and permissive - Contents - Confidentiality
RCW 74 34 040 Reports - Contents - Identity confidential
RCW 74 34 050 Immunity from liability
RCW 74 34 053 Failure to report - False reports-Penalties
RCW 74 34 145 Protection of vulnerable adults - Notice of criminal penalties for
violation - Enforcement under RCW 26 50 110
Sec. 9.02.180, Obstructing public officers.
A A person is guilty of obstructing a public officer if, with knowledge that the
person is a public officer, he or she
1 Intentionally and physically interferes with a public officer,
2 Intentionally hinders or delays a public officer by disobeying an order to
stop given by such officer,
3 Intentionally refuses to cease an activity or behavior that creates a risk
of injury to any person when ordered to do so by a public officer,
4 Intentionally destroys, conceals, or alters or attempts to destroy,
conceal, or alter any material that he or she knows the public officer is attempting to i
obtain, secure, or preserve during an investigation, search or arrest,
5 Intentionally refuses to leave the scene of an investigation of a crime
while an investigation is in progress after being requested to leave by a public officer, or
6 Intentionally hinders or delays a public officer in the discharge of his or
her official duties by making any untrue or misleading statement, report, or
'identification
19 Kent Criminal Cade- 2002
l B No person shall be convicted of violating this section if the judge determines
with respect to the person charged with violating this section that the public officer is 40
not acting lawfully in a governmental function
C For purposes of this section, a public officer means those individuals
responsible for the enforcement of the provisions of the Kent City Code and
empowered to make arrests or issue citations for violations under the code or those
individuals responsible for the enforcement of the criminal laws of the state
D Obstructing a public officer is a gross misdemeanor
Sec. 9.02.190. Disorderly conduct.
person is guilty of disorderly conduct if e or sh A A p g ty y h e
1 Uses abusive language and thereby intentionally creates a risk of
assault,
2 Intentionally disrupts any lawful assembly or meeting of persons
without lawful authority,
3 Intentionally obstructs pedestrian or vehicular traffic without lawful
authority, or
4 Aggressively begs in a public place
B The following definitions shall apply in this section
1 Aggressively begs means to beg and engage in conduct that would likely
intimidate a reasonable person, including touching. following, persistently begging
after being refused, using violent or threatening language or gestures, or taking similar
actions for the purpose of inducing another person into giving money or goods
2 Beg means to ask for money or goods as a charity, whether by words,
bodily gestures, signs, or other means.
3 Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie,
grasp a person, or place an object in such a manner as to block passage by another
person or a vehicle, or to require another person or a driver of a vehicle to take evasive
action to avoid physical contact Acts authonzed as an exercise of one's constitutional
Tight to picket or legally protest shall not constitute obstruction of pedestrian or
vehicular traffic
20 Kent Criminal Code- 2002
4 Public place means an area generally visible to public view and
� includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks,
and streets open to the general public including places that serve food or drink or
�i
I'provide entertainment, in the doorways and entrances to buildings or dwellings and the
grounds enclosing them
C. Disorderly conduct is a misdemeanor
Sec. 9.02.200. Public disturbance.
A. A person is guilty of public disturbance if he or she
1 Causes a public nuisance disturbance or is in possession and control of
property on which a public nuisance disturbance occurs The following sounds are
determined to be public nuisance disturbances
a The frequent, repetitive or continuous sounding of any hom or
siren attached to a motor vehicle, except as a warning of danger or as specifically
permitted or required by law
b The creation of frequent, repetitive, or continuous sounds In 4
connection with the starting, operation, repair, rebuilding, or testing of any motor
vehicle, motorcycle, off-highway vehicle, or internal combustion engine within a
residential district, so as to unreasonably disturb or interfere with the peace, comfort,
and repose of owners or possessors of real property
c Yelling, shouting, hooting, whistling, or singing on or near the
public streets, particularly between the hours of 11 00 p m and 7 00 a m , or at any
time and place so as to unreasonably disturb or interfere with the peace, comfort, and
repose of owners or possessors of real property
d The creation of frequent, repetitive, or continuous sounds which
emanate from any building, structure, apartment, condominium, or yard adjacent i
thereto that unreasonably interfere with the peace, comfort, and repose of owners or
possessors of real property such as sounds from musical instruments, audio sound
systems, band sessions, or social gatherings
e The creating of frequent, repetitive, or continuous sounds made
by any animal, such as barking or howling, except that such sounds made in animal
21 Kent Criminal Code - 2002
shelters, commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed
under and in compliance with ch 8 03 KCC shall be exempt from this provision
f Sound from portable audio equipment, such as tape players,
radios, and compact disc players, operated at a volume so as to be audible greater than
fifty (50) feet from the source, and if not operated upon the real property of the
operator This provision shall not apply to such sounds emitted from scheduled events
or activities at parks and recreational facilities such as public address systems for park
or game events or concerts or similar park or recreation activities
li
g The creation of frequent, repetitive, or continuous sounds made
'm connection with outdoor construction or the movement of construction related
materials, including noise made by devices capable of producing sound by either
striking or cutting objects, such as hammers, saws, or other equipment with internal
combustion engines, provided, however, such sounds shall be exempt from the
provisions of this code under the following circumstances
(1) During the hours of 7 00 a in through 8 00 p in ,
Monday through Sunday, or
(ii) In commercial areas not adjacent to residential areas
B The foregoing enumeration of acts and noises shall not be construed as
excluding other acts and noises which offend the public peace
C. Public disturbance is a misdemeanor
Sec. 9.02.210. Disruption of public facilities.
A A person is guilty of disruption of a public facility if he or she enters or remains
in a public facility and
1 Intentionally interferes with the proper functioning of the public facility
,['by causing a substantial disruption of the public facility or the activities occurring at
' the public facility, or
2 Intentionally interferes with the use of the public facility by other
members of the public and such interference is caused while the person is using the
public facility in a manner other than that for which the public facility was intended
22 Kent Criminal Cade -2002
I;B As used in this section, the term "public facility" shall include, but not be
limited to, the facilities commonly referred to as the Kent Commons, the Kent
Resource Center, the Kent Senior Activity Center, the Riverbend Golf Complex, the
Kent Library, Kent City Hall, the Centennial Center, the Kent Municipal Court, the
Kent Corrections Facility, and any other building, structure, equipment, and adjoining
grounds and appurtenances of city, county, state, and federal government offices
C A violation of this section is a misdemeanor
I
See. 9.02.220. Public events— Criminal activity.
A Interference with public events No person shall physically interfere with any
public event activity in a manner which (1) disrupts the activity to the extent it makes
it difficult for the activity to continue, or (2) causes viewers or participants (including
vendors) to be distracted to the extent the viewing of or the participation in the activity
is obstructed, restrained, or inhibited For purposes of this section, "activity" shall
include any parade, performance, processing, race, game, exhibition, or similar activity
that is conducted on a public street or public place and is an official part of a public
event The term "public event' shall mean any event(s) sponsored or co-sponsored by,
in conjunction with, or endorsed by any public, quasi-public, or civic entity for the
benefit of the public
B Violation/penalty Any violation of subsection (A) shall constitute a
misdemeanor
C Criminal trespass Any person who
1 Violates this section of the Kent City Code,
2 Commits any offense against public peace as set forth in ch 9 02 KCC,
including,but not limited to, indecent exposure, urinating in public, public disturbance,
disorderly conduct and failure to disperse, while attending or in conjunction with a
public event,
3 Commits a crime against a person as set forth in ch 9 02 KCC,
including, but not limited to, assault in the fourth degree and provoking assault, while
attending or in conjunction with a public event, or
4 Commits a felony while attending or in conjunction with a public event,
23 Kent Criminal Code-2002
may be ordered removed from the property on which the event is held by any person(s)
having lawful authority over the event or by a law enforcement officer Such an order
may prohibit the person from returning to the property on which the event is held for
the duration of the event if there is cause to believe that further violations would occur
if the person were allowed to return. Such order shall apply to event areas both on and
Ili
off public streets and public places. Any violation of such an order lawfully issued
shall constitute criminal trespass pursuant to chapter 9A 52 RCW
i
Sec. 9.02.230. Public facility—Criminal activity—Prohibition of entry.
A The City Council finds that from time to time, the right of the general public to
enjoy public facilities provided by the City is infringed upon by persons who engage in
criminal conduct at the public facilities or who possess and consume alcohol at the
public facilities The City Council further finds that the right of persons who engage in
criminal activity at public facilities is outweighed by the right of law abiding citizens
to use such facilities without the interference or fear of the criminal activity of others
B Whenever a police officer or a judge, commissioner, or judge pro tempore of
,,the Kent Municipal Court has probable cause to believe that a person has committed
any act set forth in subsection (D) of this section on any public facility as described in
subsection (E) of this section, that person may be given a written order prohibiting that
„person from entering the public facility where the act was committed When issued by
a police officer, the order shall remain effective for forty-five (45) days, PROVIDED,
that in the event the person is charged with a crime or infraction that gives rise to the
issuance of such order, the order shall remain effective until the person is arraigned for
such charge or appears for a hearing for such infraction In the event the person is
charged with a crime or infraction that gives rise to the issuance of the prohibition of
entry, the judge, commissioner, or judge pro tempore shall, upon finding probable
cause, issue, reissue, or extend the order that shall remain effective for the period in
1 which the court retains jurisdiction over the matter
i
C Whenever a police officer has probable cause to believe that a person is on or
has entered a public facility and such person is prohibited from being on or entering the
24 Kent Criminal Code-2002
public facility pursuant to this section, the officer may arrest the person for violating
the prohibition of entry
i
D An act which may result in the issuance of a written order prohibiting a person
from entenng a public facility may consist of any of the following when committed on
the public facility
1 Any act that qualifies as a felony crime,
2 Any act that qualifies as a gross misdemeanor or misdemeanor crime,
excluding all traffic offenses except for violations of RCW 46 61500, RCW
46 61502, RCW 46 61 503, RCW 46 61 504, RCW 46 61525,
3 Any act that qualifies as a violation of RCW 66.44 100,
4 Any act that involves entering an area designated in subsection (E) after
the area is closed to the public
I
E For the purpose of this section, a public facility consists of the buildings,
structures, and equipment, and the adlommg grounds and appurtenances of any of the
following
1 Any park maintained by the City of Kent, the County of King, or the
state of Washington
2 Any recreational area maintained by the City of Kent, the County of
King, or the state of Washington, including but not limited to any skateboard park, the
I
Kent Commons, the Kent Senior Activity Center, the Kent Resource Center, the
Riverbend Golf Complex, the Green River Trail, and the Interurban Trail
3 The bodies of water known as Lake Meridian and Lake Fenwick and
associated boat ramps and areas of ingress and egress
4 Any public school maintained by the City of Kent, the County of King,
or the state of Washington
5 Any public library maintained by the City of Kent, the County of King,
or the state of Washington
F In the event that no criminal charges are filed as a result of the activity that
leads to the police officer's issuance of the order prohibiting entry, the person
prohibited from entering the public facility may request to have the order removed
25 Kent Criminal Code-2002
�iprior to the expiration of the forty-five (45) day period Such request shall be filed
with the City's law department Such request shall contain a return address or contact
information that will remain valid and be sufficient to enable the court to provide
written notice of court dates Within five (5) days of receipt of the request for hearing,
the City's law department shall submit a request for hearing to the Kent Municipal
Court The court shall set a hearing to be held within ten (10) days of the date such
request for hearing is received by the court from the City's law department The City
must establish that probable cause exists to believe that the person committed any act
set forth in subsection (D) Proof of probable cause may be established based upon the
sworn declaration incorporated by reference in a police officer's report that
substantially conforms to the requirements of 9A 72 085 without further evidentiary
foundation The sworn declaration may be supplemented by the testimony of
witnesses and the presentation of other evidence The person against whom the order
was issued shall have the opportunity to present evidence and testimony when
challenging the order
G A person who violates any prohibition of entry issued pursuant to this section
shall be guilty of a misdemeanor
See. 9.02.240. Escape.
A A person is guilty of escape if
1 Without lawful authority, he or she intentionally removes himself or
herself from the custody of a court, police officer, detention facility, registered location
where work is performed pursuant to work release, or registered location where he or
she is serving any portion of jail time on electronic home monitoring or detention, or
2 He or she fails to return himself or herself to the custody of the court,
police officer, or detention facility following temporary leave lawfully granted by a
court or Kent corrections
B For the purposes of this section, custody means
1 Restraint by a police officer pursuant to a lawful arrest for an offense, or
2 Restraint pursuant to an order of a court, including
26 Kent Criminal Code-2002
a The detention of a person pursuant to a court issued arrest
warrant,
b A verbal or written order to detain a person during a court
appearance,
c The detention of a person pending and during trial,
d Detention of a person pending sentencing or pursuant to a
sentence of a court,
e Detention of a person pursuant to the revocation of a period of a
sentence initially suspended by a court,
I
f Detention of a person pursuant to an electronic home monitoring
or electronic home detention program, regardless of the location that the person who is
in custody is registered or required to be,
g Detention of a person pursuant to a work release or work crew
program, regardless of the location that the person who is in custody has listed or
registered as the location of their work, or
h Detention of a person pursuant to a day reporting program,
regardless of the location that the person who is in custody has listed or registered as
the location that he or she reports to
C A person who violates this section shall be guilty of a gross misdemeanor
See. 9.02.250. Damage, theft, abandonment, or improper use of an
electronic home detention or monitoring device.
A A person is guilty of damage, theft, abandonment, or improper use of an
electronic home detention or monitoring der ice if
1 The person intentionally causes damage to any component of the
electronic home detention or monitoring device,
2 The person exerts unauthorized control over an electronic home
detention or monitoring device,
3 The person abandons the electronic home detention or monitoring
device, or
27 Kent Criminal Code-2002
4 The person fails to return the electronic home detention or monitoring
device to Kent corrections or its lawful owner within twenty-four (24) hours of
interrupting or terminating the proper use of the device.
B For the purposes of this section, the term "damage" shalt have the same
meaning as "damages" as that term is defined in RCW 9A 48 010
i
C For the purposes of this section, the phrase "exerts unauthorized control' shall
be defined as it is in RCW 9A 56 010
D A person who violates this section shall be guilty of a gross misdemeanor
Sec. 9.02.260. Making or having vehicle prowl or vehicle theft tools.
i�A Every person who shall make or mend, or cause to be made or mended, or have
in his or her possession any engine, machine, tool, false key, master key, adapted or
altered key, pick lock, bit, nippers, dent remover, or implement, adapted, designed, or
commonly used for the commission of vehicle prowl or vehicle theft under
circumstances evidencing an intent to use or employ, or allow the same to be used or
employed in the commission of a vehicle prowl or vehicle theft or knowing that the
same is or was intended to be so used, shall be guilty of making or having vehicle
prowl or vehicle theft tools
B Making or having vehicle prowl or vehicle theft tools is a gross misdemeanor,
Sec 9.02.270. Neglect of a child or dependent person.
A A person is guilty of the crime of neglect of a child or dependent person if the
person is a parent of a child, a person entrusted with the physical custody of a child or
other dependent person, or a person employed to provide to the child or dependent
person any of the basic necessities of life, and with criminal negligence, the person
1 Withholds any of the basic necessities of life, or
2 Maintains living conditions that place the child or dependent person at a
significant risk of disease, illness, or bodily injury, or
3 Supervises the child or dependent person and
a As a result of such supervision, the child or dependent person
suffers bodily injury, or
28 Kent Criminal Code- 2002
b The supervision creates a substantial nsk that the child or I
dependent person will suffer bodily injury, or
4 Fails to supervise the child or dependent person and
a As a result of such failure, the child or dependent person suffers f I
bodily injury, or
b Such failure creates a substantial nsk that the child or dependent
person will suffer bodily injury
B In any prosecution for neglect of a child or dependent person, it shall be a
defense that the withholding of the basic necessities of life or the maintenance of living
conditions that place the child or dependent person at a significant nsk of disease,
illness, or bodily injury is due to financial inability only if the person charged has made
a reasonable effort to obtain adequate assistance This defense is available to a person
employed to provide the basic necessities of life only when the agreed-upon payment
has not been made i
C A person is criminally negligent or acts with criminal negligence when he or
she fails to be aware of a substantial risk that a wrongful act may occur and his or her
failure to be aware of such substantial nsk constitutes a gross deviation from the
standard of care that a reasonable person would exercise in the same situation
D Child means a person under eighteen (18) years of age
E Dependent person means a person who, because of physical or mental disability
or because of advanced age, is dependent upon another person to provide the basic
necessities of life A resident of a nursing home as defined in RCW 18 51010, a
resident of an adult family home as defined in RCW 70 128 010, and a frail elderly or
vulnerable adult as defined in RCW 74,34 020(8), is presumed to be a dependent
person for purposes of this section
F For the purposes of this section, bodily injury means physical pain, injury,
illness, or impairment of physical condition that is more than minor or transient
G Neglect of a child or dependent person is a gross misdemeanor
Sec. 9.02.280. Offenses against police dogs. No person shall willfully or
maliciously torment, beat, kick, or strike any dog owned or being used by the police
29 Kent Criminal Code-2002
department in the performance of its official duties No person shall willfully hinder,
delay, or obstruct any dog used by a law enforcement officer in discharging or
attempting to discharge his official duties Any person violating the provisions of this
section shall be guilty of a misdemeanor
Sec. 9.02.290. Provoking assault. Every person who shall, by word, sign, or
gesture, willfully provoke or attempt to provoke another person to commit an assault or
breach of the peace shall be guilty of a misdemeanor
i
Sec. 9.02.300. Prostitution loitering.
A A person is guilty of prostitution loitering if he or she is in or remains in a
public place and intentionally solicits, induces, entices, or procures another to commit
prostitution
B The following nonexclusive circumstances may be considered in determining
whether the actor intends to commit the crime of prostitution loitering The actor
1 Repeatedly beckons to, stops or attempts to stop, or engages passers-by •
in conversation,
2 Repeatedly stops or attempts to stop motor vehicle operators by hailing,
waving of arms, or any other bodily gesture,
3 Circles or repeatedly returns to an area and repeatedly beckons to,
contacts, or attempts to stop pedestrians,
4 Is a known prostitute or procurer, or
5 Inquires whether a potential patron or other person is a police officer,
searches for articles that would identify a police officer, or exposes genitals or female
breasts, or requests the touching or exposing of genitals or female breasts to prove that
the person is not a police officer
C As used in this section
1 Commit prostitution means to engage or agree or offer to engage in
sexual conduct for a fee, reward, exchange, or promise, but does not include sexual
conduct engaged in as part of any stage performance, play, or other entertainment open
to the public
30 Kent Criminal Code-2002
2 Known prostitution or procurer means a person who within one(1) year `
1 previous to the date of arrest for violation of this section has, within the knowledge of
i
the arresting officer, been arrested for an offense involving prostitution
3 Public place is an area generally visible to public view and includes
without limitation streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking
i
lots, automobiles (whether moving or not), and buildings open to the general public,
including those which serve food or drink, or provide entertainment, and the doorways
i
and entrances to buildings or dwellings and the ground enclosing them
4 Sexual conduct shall have the same meaning as defined to RCW
9A 88 030 and chapter 9A 44 RCW
I D Prostitution loitering is a misdemeanor '
Sec. 9,02.310. Stay out of areas of prostitution orders.
A Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders,
may be issued by the Kent Municipal Court to anyone charged with prostitution,
permitting prostitution, prostitution loitering, or patronizing a prostitute under ch 9 02
KCC or chapter 9A 88 RCW as a condition of pre-tnal release
B SOAP orders may be issued by the Kent Municipal Court to anyone convicted
of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute
under ch 9 02 KCC or chapter 9A 88 RCW as a condition of probation
C Whenever a police officer shall have probable cause to belie-v e that a person has
received a SOAP order as a condition of pre-trial release or of probation and in the
officer's presence is seen violating or failing to comply with any requirement or
restriction imposed by the court as a condition of such pre-trial release or probation,
such officer may arrest the violator without warrant or other process for violation of
the SOAP order and bring such person before the court issuing the order
D The SOAP order shall warn the person named in the order to stay out of the
following "high risk prostitution areas "
1 Pacific Highway South from the south side of South 272nd Street to
State Route 516, (also known as Kent-Des Moines Road), including all adjacent
businesses
31 Kent Crunnial Code-1002
2 30th Avenue South from South 240th Street to State Route 516 (also
known as Kent-Des Moines Road), including all adjacent businesses
3 South 240th Street from the 2700 block through the 3200 block,
including all adjacent businesses
E A person is deemed to have notice of the SOAP order when
I
1 The signature of the person named in the order, or the signature of his or
her attorney, is affixed to the bottom of the order, signifying that he or she has read the
order and has knowledge of the contents of the order, or
2 The order recites that the person named in the order or the person's
attorney appeared in person before the court
F The written SOAP order shall contain the court's directives and shall bear the
legend "Violation of this order is a criminal offense under ch 9 02 KCC and will
subject the violator to arrest"
G Whenever a SOAP order is issued under this section, and the person named in
i the order knows of the order, a violation of the provisions of the order is a
misdemeanor and shall be punishable by a fine of not more than one thousand dollars
($1,000) or imprisonment for not more than ninety (90) days, or both such fine and
imprisonment
See. 9.02.320. Urinating in public.
A A person is guilty of urinating in public if the person intentionally urinates or
defecates in a public place, other than a washroom or toilet room, under circumstances
where such act could be observed by any member of the public
B Any violation of the provisions of this section shall be an infraction, and any
person found in violation shall be subject to a penalty not to exceed two hundred fifty
dollars ($250)
Sec. 9.02.330. Possession of drug paraphernalia. It is unlawful for any
person to possess drug paraphernalia, as defined in RCW 69 50 102 A person who
violates this section shall be guilty of a misdemeanor
I�
32 Kent Criminal Code- 2002
Sec. 9.02.340. Sale, manufacture, possession of certain weapons. Any
person who sells, manufactures,purchases, possesses, or carries
I�
1 Any device commonly known as nunchuka sticks, consisting of two (2)
or more lengths of wood, metal, plastic, or similar substance connected with wire,
rope, or other means, or
2 Any device commonly known as throwing stars, which are
multipointed, metal objects designed to embed upon impact from any aspect in a
manner, under circumstances, and at a time and place that either manifests an intent to
intimidate another or that warrants alarm for the safety of other persons, is guilty of a
gross misdemeanor
See. 9.02.350. Possession of firearms or dangerous weapons at Kent
Commons—Unlawful.
A Subject to the exceptions set forth in subsections (B) and (C) of this section, it
shall be unlawful for any person to possess a firearm, a dagger, sword, or knife with a
blade in excess of three (3) inches, or any other weapon apparently capable of
producing bodily harm, inside of the premises known as the Kent Commons located at
525 North Fourth Avenue in the City of Kent
B The prohibition to possession of a firearm shall not apply to a person licensed
to carry a concealed weapon pursuant to RCW 9,41 070 or a person exempted from the
licensing requirement by RCW 9 41 060
C This section shall not apply during shows, demonstrations, or lectures involving
the exhibition of firearms or other weapons
D For the purposes of this section, firearm means a weapon or device from which
a projectile or projectiles may be fired by an explosive such as gunpowder
E This section shall only apply to those areas of the Kent Commons that are
within the Kent Commons building or that are contained to an area adjacent to the
building by a temporary barrier during use for an event hosted by the Kent Commons
F A person who violates this section shall be guilty of a misdemeanor
33 Kent Criminal Code-2002
Sec. 9.02.360. Non-incendiary devices.
A For the purposes of this chapter, a "non-incendiary device" shall include,
I I without limitation, any stink bomb, stink paint, tear bomb, tear shell, explosive or
flame-producing device, acid bomb, dry ice bomb, or any other device, material,
chemical, or substance, that, when exploded, opened, used or otherwise deployed does
I
or will annoy, injure, endanger, or inconvenience any person or persons
l� B Any person who shall (1) deposit, leave, place, spray, scatter, spread, throw, or
otherwise deploy in any building or any place, (2) counsel, aid, assist, encourage,
incite, or direct any other person or persons to deposit, leave, place, spray, scatter,
spread, throw, or otherwise deploy in any building or any place, (3) have in his or her
possession for the purpose of depositing, leaving, placing, spraying, scattering,
spreading, throwing, or otherwise deploying in any building or any place, (4) counsels,
aids, assists, encourages, incites, or directs any other person or persons to deposit,
leave, place, spray, scatter, spread, throw, or otherwise deploy in any building or any
place, any non-incendiary device shall be guilty of a gross misdemeanor
C Anyone who enhances any non-incendiary device by adding, either internally
or externally, any additional material that would create greater damage by becoming
fragmentation or shrapnel will be subject to a mandatory minimum penalty of ninety
(90) days in jail that cannot be served on work release or electronic home monitoring
D This section shall not apply to persons in the military service or commissioned
law enforcement officers actually engaged in the performance of his or her duty or
training or in the course of any training acting pursuant to orders from competent
authority, nor shall this section apply to any property owner or person acting under his
or her authority in providing protection against the commission of a felony
Sec. 9.02.370. Hobby cannon fuse material — Sale transaction — Written
record required.
;,A Every gun store, gun dealer, or gun show doing business in the City shall
maintain a written record of any sale or exchange of fuse material used for the purpose
!of detonating hobby cannons This record shall be in English and shall be written or
34 Kent Criminal Code-2002
electronically stored in an easily obtainable manner The following information must
be documented for each sale or exchange transaction
1 The signature of the person with whom the transaction is made,
2 The date and time of the transaction,
3 The name of the person or employee or the identification number of the
person or employee conducting the transaction,
4 The name, date of birth, sex, address and telephone number of the
person with whom the transaction is made,
5 The type of identification, including identifying number, used by the
person with whom the transaction was made, and
6 The amount of cannon fuse purchased
B The type of identification relied upon for the sale or exchange must consist of
1 A valid driver's license or identification card issued by any state, or
2 Two (2) pieces of identification issued by a governmental agency. one
(1) of which shall be descriptive of the person identified
At all times, at least one (1) piece of current governmental identification will be
required
C This record shall at all times during the ordinary hours of business, or at
reasonable times if ordinary hours of business are not kept, be open for inspection by
any commissioned law enforcement officer The person or entity who conducted the
sale or exchange shall maintain these records for at least three (3) years following the
date of the transaction
See. 9.02.380. Violation of no contact order also contempt. The violation of
any order issued by the Kent Municipal Court pursuant to ch 10 99 RCW shall also
constitute contempt of court, and is subject to the penalties prescribed by law
See. 9.02.390. Probation violations.
A For purposes of this section, the word "probationer" means any person who
after conviction of violation of an ordinance of the City or a law of the state has been
35 Kent Criminal Code-2002
placed on probation in connection with the suspension or deferral of sentence by either
a district court of this county, municipal court, or the superior court
I I
IIB Whenever a police officer shall have probable cause to believe that a
probationer, prior to the termination of his probation, is in such police officer's
I presence and is violating or failing to comply with any requirement or restriction
imposed by the court as a condition of such probation, the police officer may cause the
probationer to be brought before the court wherein sentence was deferred or suspended
and, for such purpose, the police officer may arrest such probationer without warrant or
other process
Sec. 9.02.400. Court costs—Jail medical costs.
A. In addition to the penalties set forth in KCC 9 02 410, costs in all criminal
actions may be imposed as authorized by law or court rule
!,B As part of any judgment and sentence, the court may order a defendant to repay
all or part of the medical costs incurred by the City or any medical care provider during
confinement of the defendant Any costs not paid by a defendant that are due and
owing shall be collected by the court in the same manner that other costs are collected
Sec. 9.02.410. Violations — Penalty. Unless otherwise provided in this
chapter, violation of any provision of this chapter shall be punishable by,
1 Gross misdemeanor Every person convicted of a gross misdemeanor shall be
punished by imprisonment in jail for a maximum term fixed by the court of not more
than one (1) year, or by a fine in an amount fixed by the court of not more than five
thousand dollars ($5,000), or by both such imprisonment and fine
2 Misdemeanor Every person convicted of a misdemeanor shall be punished by
i
imprisonment in jail for a maximum term fixed by the court of not more than ninety
(90) days, or by a fine in an amount fixed by the court of not more than one thousand
dollars ($1,000), or by both such imprisonment and fine
III
36 Kent Criminal Code -2002
SECTION 3. — Saviit s The existing chapter 9 02 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full force and
effect until the effective date of this ordinance
i
SECTION 4. —Severabihty If anyone or more sections, subsections. or
sentences of this ordinance are held to be unconstitutional or invalid, such decision j
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect
SECTION 5. — Effective Date This ordinance shall take effect and be
in force thirty(30) days from and after its passage as provided by law
JIM WHITE, MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
i
37 Kent Cruninal Code -2002
PASSED day of 2002
APPROVED day of 2002
I
PUBLISHED day of 2002
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
38 Kent Criminal Code-2002
Kent City Council Meeting
Date October 1, 2002
Category Consent Calendar
1. SUBJECT: BUILDING CODE APPEALS AMENDMENT ORDINANCE-
ADOPT
2 SUMMARY STATEMENT: Adoption of Ordinance No. that amends section
14.01.080 of the Kent City Code, regarding appeals of building code decisions to provide
for a limitation penod on filing an appeal and cnteria for whom may file an appeal.
3. EXHIBITS: Memo dated September 19, 2002 and Ordinance
4. RECOMMENDED BY: Planning Committee
• (Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS-
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION
Council Agenda
Item No. 6P
COMMUNITY DEVELOPMENT
. Fred Satterstrom, Community Development Director
BUILDING SERVICES DIVISION
Robert D Hutchinson, CBO,Building Official
• Phone 253-856-5401
KENT Fax 253-856-6421
w,sHxa,o� Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date September 19, 2002
To MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
From BOB HUTCHINSON, BUILDING OFFICIAL
Regarding "BUILDING CODES" APPEALS AMENDMENT ORDINANCE
FOR CITY COUNCIL MEETING OF OCTOBER 1, 2002
On September 18, 2002 the Planning Committee, by a 2-0 vote, sent the proposed ordinance
amending the appeal provisions for building codes to the full City Council, recommending approval
Currently, the hearing examiner is authorized to hear and decide appeals of actions taken in the
administration and enforcement of the Uniform Building, Plumbing, Mechanical and Housing
Codes, referred to collectively as "building codes" Historically, the appeal provisions were
intended for and utilized by persons directly affected by such actions, in order to assure
reasonable and appropriate administration and enforcement by City staff
Current provisions, however, lack such details as time limitations for filing appeals, limitations on
who may file appeals, and the process appellants may avail themselves of beyond the hearing
examiner's decision The proposed ordinance draft corrects these deficiencies, providing a more
effective and efficient appeal process consistent with the process in place for other land use,
development and construction appeals The provisions of the amendatory ordinance establish and
clarify the following
• Appeals must be filed within fourteen (14) days of the action being appealed,
• A filing fee of two hundred dollars ($200 00) (referenced in Council Resolution No 1524)must
be paid by the appellant,
• Only someone directly affected by the action can file an appeal, and
• How appeal periods, including further appeal of the hearing examiner's decision to superior
court, are to be calculated
Staff recommended that the Planning Committee forward the Ordinance to the full City Council for
adoption
Cc Fred N Satterstrom, AICP, Community Development Director
Kim Adams Pratt, Assistant City Attorney
i
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending section 14 01 080 of the
Kent City Code, entitled "Appeals," to provide for
reasonable application and interpretation of the provisions
of the Uniform Building Code
�l
i WHEREAS, in 1998 the City Council amended chapter 14 01 of the
'IKent City Code adopting various Washington State and uniform building codes, and
WHEREAS, the City Council desires to amend section 14 01 080 of the
'Kent City Code to provide for a more effective and efficient appeal process relating to
building code permit appeals, NOW THEREFORE,
I
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
'I
SECTION 1. — Amendment Section 14 01 080 of the Kent City Code
entitled, "Appeals," is amended as follows
Sec. 14.01.080. Appeals
A Appeals to the hearing examiner
1 Jurisdiction In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the suitability of alternate
I
1 Building Code Appeals
Section 14.01.080
materials, design, and methods of construction and to provide for reasonable
l I application and interpretation of the provisions of the Uniform Building Code, the
IUnrform Mechanical Code, the Uniform Plumbing Code and the Uniform Housing
Code, the City of Kent hearing examiner is hereby designated as the board of appeals
created pursuant to Section 105 of the Uniform Building Code, Section 110 of the
Uniform Mechanical Code, Section 102 4 of the Uniform Plumbing Code and Section
203 of the Umform Housing Code adopted in KCC 14 01 010 above The City hearing
iexammer shall constitute the board of appeals for all matters concerning the
application of the uniform codes cited in this section The City hearing examiner,
however, shall have no authority relative to interpretation of the administrative
I provisions of these codes, nor shall the City hearing examiner be empowered to waive
requirements of these codes
2 Filing Appeals shall be filed with the hearing examiner by five (5 00)
pm of the fourteenth (14th) calendar day following the date of the order,
determination or decision been¢ appealed When the last day of the appeal period so
computed is a Saturday, Sunday, or federal or city holiday, the period shall run until
five (5 00) p in on the next business day The appeal shall be accompanied by
payment of the filing fee Specific objections to the building official's decision and the
,relief sought shall be stated in the written appeal
3 Standing Standing to bring an appeal under this chapter is limited to
the following persons
a The applicant and the owner of property to which the permit
decision is directed
b Another person aggrieved or adversely affected by the land use
decision, or who would be aggrieved or adversely affected by a reversal or
modification of the land use decision A person who is aggrieved or adversely
affected within the meaning of this section only when all of the following
conditions are present
1 The land use decision has prejudiced or is likely to
prejudice that person,
2 Building Code Appeals
Section 14.01.080
2. A judgment in favor of that Person would substantially
eliminate or redress the prejudice to that person caused or likely to be
caused by the land use decision, and
3. The appellant has exhausted his or her administrative
remedies to the extent required by law
IB. Appeals to superior court Appeals to the hearing examiner shall be made
,pursuant to Ch 2 32 KCC The decision of the hearing examiner shall be final and
'conclusive unless within twenty-one (21) calendar days of the hearing examiner's
(decision, an appeal is filed with the superior court When the last day of the appeal
(Period so computed is a Saturday, Sunday, or federal or city holiday, the period shall
,run until the next business day
I
SECTION 2. — Savings The existing section 14.01.080 of the Kent
City Code, which is amended this ordinance, shall remain in full force and effect until
I the effective date of this ordinance
SECTION3. — Severability If anyone or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
I I
shall not affect the validity of the remaining portion of this ordinance and the same
�shall remain in full force and effect
I
SECTION 4. —Effective Date This ordinance shall take effect and be
m force thirty (30) days from and after passage as provided by law
I
JIM WHITE, MAYOR
I
I
�i
3 Building Code Appeals
Section 14.01.080
ATTEST
BRENDA JACOBER, CITY CLERK
I
'APPROVED AS TO FORM
I I
TOM BRUBAKER, CITY ATTORNEY
I!
,PASSED- day of 12002
APPROVED day of 2002
II,
PUBLISHED day of 2002
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\C.]l ..n \14 UI U80Appr doc
i
III
4 Building Code Appeals
Section 14.01.080
Kent City Council Meeting
Date October 1. 2002
Category Other Business
1. SUBJECT: KING COUNTY SEWER UTILITY EASEMENT—CONVEY
EASEMENT
2. SUMMARY STATEMENT: The Public Works Committee has recommended that the
Mayor be authorized to convey a Sewer Utility Easement to King County for their South
Interceptor Parallel, Phase III project, over, upon, and under city property located in the
vicinity of 80m Avenue South and 806'Place South.
3. EXHIBITS: Utility Easement
• 4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission,
5. UNBUDGETED FISCALMERSONNEL I ACT: NO X YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember � moves,Councilmember w66 seconds
to authorize the Mayor to convey a Sewer Utility Easement to King County for their
South Interceptor Parallel, Phase III project.
DISCUSSION: ��
ACTION:
• Council Agenda
Item No. 7A
After recording return document to
King County
Wastewater Treatment Division
Major Capital Improvements Program
Department of Natural Resources
201 South Jackson Street, Suite 503
Seattle, WA 98104-3855
Document Title: Utility Easement
Grantors: City of Kent, a Washington Municipal Corporation
Grantees: King County, apolitical subdivision of the State of Washington
Abbreviated Legal Description:STR 362304 TA'UOT 103 PORTION OF SE '/. OF NE '/.LY SWLY
OF 80"PLACE SO UTH&SLY OF 80 PLACE
Additional Legal Descriptions on Page(s): Page 4, which is Exhibit "A "
Assessor's Tax/Parcel Number(s): 362304-9103-04
UTILITY EASEMENT
The undersigned Grantor(s), CITY OF KENT, a Washington municipal corporation, its heirs,
successors and assigns (hereinafter together referred to as "Grantor(S)"), for and in consideration
of the sum of ONE THOUSAND THREE HUNDRED AND NO/100 Dollars ($1,300 00) and
other valuable considerations, the receipt of which is hereby acknowledged, hereby convey and
grant to KING COUNTY, a political subdivision of the State of Washington, its successors and
assigns (hereinafter together referred to as "COUNTY"), a permanent easement over, across,
along, in, upon, and under the following described property
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE
Said easement being for the purpose of installing, constructing, operating, maintaining,
removing, repairing, replacing and using a sewer interceptor with all connections, manholes and
appurtenances thereto, together with the right of ingress to and egress from said described
property for the foregoing purposes
1 COUNTY shall, upon completion of any construction of any facilities described herein,
remove all debris and restore the above described property as nearly as possible to the
condition in which it existed at the date of this agreement
UTILITY EASEMENT- 1
2 COUNTY shall, if the above described property is disturbed by the maintenance, removal,
repair or replacement of the facilities specified herein, restore the above described property
as nearly as possible to the condition in which it existed at the con mencement of said
maintenance, removal, repair or replacement
3. Grantor(s) and COUNTY agree that each party shall protect, defend, indemnify and save
harmless the other party, its officers, officials, employees and agents, from any and all
claims, demands, suits, penalties, losses, damages, judgments or costs of any kind
whatsoever, (hereinafter "claims"), ansing out of or in any way resulting from each patty's,
its officers, employees, agents and/or subcontractors of all tiers, acts or omissions,
performance or failure to perform this Agreement, to the maximum extent permitted by law
or as defined by RCW 4 24.115, now enacted or as hereinafter amended
4 All right, title, and interest that may be used and enjoyed without interfering with the
easement rights herein conveyed are reserved to the Grantor(s) Except as otherwise provided
herein and after the date of this agreement, the construction, installation or maintenance of
any structures, whether temporary or permanent, shall be absolutely prohibited within the
above described permanent easement area and shall be deemed an unreasonable interference
with the COUNTY'S easement rights unless specifically approved in writing by the
COUNTY which approval shall not be unreasonably withheld Moreover, as to such non-
approved structures the provisions of Paragraph 1, 2, and 3 shall not apply
5 Grantor(s) and COUNTY confirm that certain Right-of-Entry/Construction Agreement, dated
31" day of March, 1999 by and between the parties for the temporary construction easement
for the above Said Right-of-Entry/Construction Agreement granted shall be made at a rate of
Seventy and No/100 Dollars ($70.00) per month
6 This easement shall be a covenant naming with the land forever and shall be binding on the
Grantor's successors, heirs, and assigns
DATED this day of �i�s-r 2002
CITY OF KENT KING C01
BY BY ci lZ —
Jim White Chnstie True Y
Its. Mayor Its Manager, Major Capital
Improvements Program
APPROVED AS TO FORM
KIM ADAMS PRATT, Asst City Attorney
UTILITY EASEMENT-2
STATE OFWASHINGTON }
) ss
COUNTY OF KING }
I hereby certify that I know or have satisfactory evidence that Jim White is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and
such execution to be the free and voluntary act of such party for the uses and purposes mentioned
in the foregoing instrument
-Notary Seat Mast Appear Within nu Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written
(seal or stamp)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
STATE OFWASHINGTON }
} ss
COUNTY OF KING }
I hereby certify that I know or have satisfactory evidence that Christie True is the person
who appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she is authorized to execute the instrument on behalf of King County as its Manager of
Major Capital Improvements Program, and such execution to be the free and voluntary act of
such party for the uses and purposes mentioned in the foregoing instrument
-Notagy Seal Mast Appear W+thm This Box-
IN WHEREOF, I have hereunto set my hand and official seal the
day a�d`kgal 2Ese a ji'�+ writteOn
�(s or � �v %; f
a 0011 u` - t21 C f. �j�Y
NOTARY PUBLIC, in and fo the State
of My appointment expires residing
at i 1 t2Z
UTILITY EASEMENT-3
EXHIBIT A
South Interceptor Parallel- P4aae Ill
Sanitary Sewer Easement
Tax Lot 103-The City of Kent Property
An easement over that portion the southeast quarter of the northeast quarter, Section 36,T.23 N.,
R 4 E., W.M., in King County,Washington conveyed to the City of Kent by the Quit Claun Deed
recorded under No 9312071030 in the office of said county recorder, more particularly described
as follows.
Commencing at the intersection of 80th Avenue South and 80th Place South as established by the
Plat of Burlington Northern Norpac Industrial District No 1, Division 3, recorded in volume 98 of
plats at pages 29 through 32 in the office of said county recorder,thence along the centerline of
80th Avenue South S 01'47' 22"W a distance of 72.14 feet; thence S 88' 12' 38" E a distance of
58.00 feet to a point on the easterly right-of-way margin of 80th Avenue South,bemg also the
beginning of a curve to the right with a radius of 1935.06 feet;thence following said curve through
a central angle of 01'25' 09"a distance of 47 93 feet to a point on the northerly boundary of
Drainage District No. I ditch as amended by the instrument recorded under No 9311D42301 in the
office of said county recorder,thence along said boundary N 89'38' 36"E a distance of 22 08 feet
to the True Point of Beginning,thence N 05' IS'53"E a distance of 27 10 feet,thence S 84'41'
OT'E a distance of 5.00 feet; thence N 05' 18' 53"E a distance of 4184 feet,thence N 39'41'
07"W a distance of 24 54 feet to a point on the southerly right-of-way margin of 80th Place South
as revised by the deed recorded under No 7501220006 in the office of said county recorder,thence
following said southerly margin along a curve to the right with a radius of 25 00 feet,through a
central angle of 24° 57' 32"a distance of 10 89 feet;thence continuing along said southerly
margin S 88' 12' 39" E a distance of 20.75 feet,thence S 39' 41' 07"E a distance of 15.92 feet,
thence S 05' 18' 53"W a distance of 52.20 feet;thence S 84' 41' 07" E a distance of 5 00 feet,
thence S 05' 18' 53"W a distance of 23 63 feet to a point on the northerly boundary of said
Drainage District No. 1 ditch;thence along said northerly boundary S 89' 38' 36"W a distance of
35.17 feet to the True Point of Beginning, containing 2597 45 square feet more or less
I
40'
3
N SCALE 1"=50'
a
N p= 24'57'32" —
R= 25 00• 80TH PL. SOUTH
L= 10.89'
— — — S 88-12.38- E
p= 65'02'28• 407 16.68 S 39'41'07' E
R= 25.00' 2188
< L= 28-38'
^ 1714 �'� 15.92 32913
J'
Y x
s 84•41•07" E e �3 �•" � CITY OF KENT
� 5.00 _� :a ry TAX LOT 103
.�m< S 84'41.07" E AREA OF PERMANENT
v vl.nw 500 EASEMENT 2597.45 SF.
• p= 01'25.09-
O 2208 ::n Kai`« ry 97.37
P06 N 89-.38.36" E
LLJ 17.58
z ; p= 01'42 30' 1759 \
LLJ R= 1935-06'
> L= 57 70'
Q
_ N 89'38'36" E 13669
O n
CC) ole Z
o m o
AIM n �
� u
I e KENT LL-96- 18
co
N
, I u
< '
n ;7-
^ N
O v
q r O
Q II
Q -
I
i
SYNION DS KING COUNTY PROJECT FIGURE
S INTERCEPTOR PARALLEL - PHASE III
�I PERMANENT EASEMENT 27
'^^.ImeM•-rev ..UofN•e-ry
TAX LOT 103
Kent City Council Meeting
Date October 1, 2002
Category Other Busmess
1. SUBJECT: VAN DOREN'S PARK DEED CONVEYANCE RESOLUTION—
ADOPT
2. SUMMARY STATEMENT: The Parks, Recreation and Community Services
Director has recommended, adoption of a resolution to accept the deed for 84% of Van
Dorens Park from the Washington State Parks and Recreation Commission. Since
1984, the City of Kent has developed and maintained Van Doren's Park under an
interagency agreement for a forty year term.
3. EXHIBITS: Resolution
4 RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $ 100.00 or less (record deeds, etc)
SOURCE OF FUNDS. Parks Operating Budget
7. CITY COUNCIL ACTION: n
Councilmember (� 0-t- /J moves, Councilmember '4071 seconds
to adopt Resolution No / ;Ij to accept the deed for 84% of Van Doren's Park from the
Washington State Parks and Recreation Commission.
L
DISCUSSION. —yin
ACTION:
Council Agenda
Item No. 713
•
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, relating to acceptance of a
deed from the Washington State Parks and Recreation
Commission for the Commission's ownership interest in
VanDoren's Park
WHEREAS, in 1985, the Washington State Parks and Recreation
Commission (the Commission) and the City of Kent acquired the real property for
VanDoren's Park in partnership whereby the Commission owns 84% and the City
owns 16% of the interest in the real property, and
WHEREAS, the Commission and the City of Kent entered into an
agreement dated June 17, 1985, whereby the City of Kent agreed to develop and
maintain VanDoren's Park for a period of forty (40) years, and
WHEREAS, the City of Kent continues to develop and maintain
VanDoren's Park per the terms of the agreement, finds that VanDoren's Park is a
recreational asset to the City of Kent, and desires to accept the conveyance of a deed
to VanDoren's Park from the Commission, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS
• 1 VanDoren's Park Deed
SECTION 1. — Resolution That the City of Kent will accept the
conveyance of a deed to VanDoren's Park by the Washington State Parks and
Recreation Commission for its interest in VanDoren's Park upon the following terms
1 The deed shall be for perpetuity and be recorded with King County,
2 The deed shall stipulate that the real property shall be used for outdoor and
recreation purposes and should said use be discontinued, the deed shall revert
back to the Washington State Parks and Recreation Commission,
3. The City agrees to accept the deed under the provisions of RC W 79A.05 170,
4 The Commission and the City of Kent shall terminate the agreement dated
June 17, 1985, upon conveyance of the deed to the City of Kent,
5 The City of Kent shall bear the cost of escrow for this transaction including the
cost to record the necessary documents, and
6 The City of Kent will accept full responsibility under Interagency Committee
for Outdoor Recreation Project#81-512A
SECTION 2. - Severabihty If any section, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of this
resolution
SECTION 3. - Ratification Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed
SECTION 4. - ELective Date This resolution shall take effect and be
in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City
of Kent, Washington, this day of October, 2002
2 VanDoren's Park Deed •
October,2002 CONCURRED in by the Mayor of the City of Kent this day of
RM WHITE, MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No
passed by the City Council of the City of Kent, Washington, the day
of October, 2002
BRENDA JACOBER, CITY CLERK
P\Crvd\0.esoluuonPo anDoren'sParkDccdConvcvancc doc
3 VanDoren's Park Deed
• Kent City Council Meeting
Date October 1. 2002
Category Other Business
1. SUBJECT: OLD FISHING HOLE DEED CONVEYANCE RESOLUTION—
ADOPT
2 SUMMARY STATEMENT: The Parks, Recreation and Community Services Director
has recommended adoption of a resolution to accept the deed for 100% of the Old Fishing
Hole from the Washington State Parks and Recreation Commission. Since 1984, the City
of Kent has developed and maintained the Old Fishing Hole under an interagency
agreement for a forty year term.
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $100.00 or less (record deeds, etc)
SOURCE OF FUNDS: Operating Budget
7 CITY COUNCIL ACTION: ,(�
Councilmember 0� moves, Councilmember tw seconds
to adopt Resolution No /b30 to accept the deed for 100% of the Old Fishing Hole from
the Washington State Parks and Recreation Commission.
DISCUSSION
ACTION.
Council Agenda
Item No. 7C
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, relating to acceptance of a
deed from the Washington State Parks and Recreation
Commission for the Commission's ownership interest in
the Old Fishing Hole
WHEREAS, in 1982, the Washington State Parks and Recreation
Commission (the Commission) acquired the real property known as the Old Fishing
Hole, located on Frager Road, south of West Meeker Street, in partnership with the
City of Kent as the local sponsor whereby the Commission owns 100% of the interest
in the real property, and
WHEREAS, the Commission and the City of Kent entered into an
agreement date December 27, 1984, whereby the City of Kent agreed to develop and
maintain the Old Fishing Hole for a period of forty (40) years, and
WHEREAS, the City of Kent continues to develop and maintain the
Old Fishing Hole per the terms of the agreement. finds that the Old Fishing Hole is a
recreational asset to citizens in the Citv of Kent, and desires to accept the conveyance
of a deed to the Old Fishing Hole from the Commission, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS
1 Old Fishing Hole Deed
SECTION 1. — Resolution That the City of Kent will accept the
conveyance of a deed to the Old Fishing Hole by the Washington State Parks and
Recreation Commission for its interest in the Old Fishing Hole upon the following
terms
I The deed shall be for perpetuity and be recorded with King County,
2 The deed shall stipulate that the real property shall be used for outdoor
and recreation purposes and should said use be discontinued, the deed shall revert
back to the Washington State Parks and Recreation Commission,
3 The City agrees to accept the deed under the provision of RCW
79A 05 170,
4 The Commission and the City of Kent shall terminate the agreement
dated December 27, 1984, upon conveyance of the deed to the City of Kent,
5 The City of Kent shall bear the cost of escrow for this transaction
including the cost to record the necessary documents, and
The City of Kent will accept full responsibility under Interagency Committee for
Outdoor Recreation Project#81-512A
SECTION 2. — Severabrhty If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of this
resolution
SECTION 3. — Ratification Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed
SECTION 4. —Effective Date This resolution shall take effect and be
in force immediately upon its passage
2 Old Fishing Hole Deed
PASSED at a regular open public meeting by the City Council of the City
of Kent,Washington,this day of October, 2002
CONCURRED in by the Mayor of the City of Kent this day of
October,2002
JIM WHITE,MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No
passed by the City Council of the City of Kent, Washington, the day
of October, 2002
BRENDA JACOBER, CITY CLERK
P lOvihResoWuon101dFrshmgHolc doc
3 Old Fishing Hole Deed
Kent City Council Meeting
Date October 1, 2002
Category Bids
I. SUBJECT: RE-BID EMPLOYEE SERVICES TENANT IMPROVEMENTS
2. SUMMARY STATEMENT: The bid opening for this project was held on September
20, 2002, with seven(7) bids received. The low bid was submitted by Mayer Construction
in the amount of$136,808.00. The Engineer's estimate was $140,000.00.
The Parks Director recommends awarding the Employee Services Tenant Improvement
project to Mayer Construction for$136,808.00, plus WSST.
��o I
3. EXHIBITS: Bid Tab
• 4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
that the Employee Services Tenant Improvement project be awarded to Mayer
Construction for the bid amount of$136,808.00, plus WSST.
DISCUSSION ✓�
ACTION / ° C,
Council Agenda
Item No. 8A
. Parks Facilities
Bid Tab
September 20, 2002
PROJECT: City of Kent Employee Services Renovation
Bidder Amount
Mayer Construction $136,808
DP Inc $139,761
Fredhoes Budding Construction $142,199
Buchanan General Contracting $148,440
Flag Construction $151,408
Alphase $157,598
L W Sundstrom $198,130
•
2
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE DnC,
l� 5
D PUBLIC WORKS cj,(. A L 1 n - 7
5
E. PLANNING COMMITTEE QJW r o
@ 3
F. PARKS COMMITTEE
l�
G. ADMINISTRATIVE REPORTS E-S /I %&% j cO
(bC C,4-L,
�C
REPORTS FROM SPECIAL COMMITTEES
OPERATIONS COMMITTEE MINUTES
AUGUST 20, 2002
COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Leona Orr, Tim Clark
STAFF PRESENT: John Hodgson, May Miller, Julie Peterson, Janet Hasselblad, Lon Hogan,
Julie Stangle, Sarah McNutt,David Hobbs, Jackie Bicknell
PUBLIC PRESENT Melvin L Tate
The meeting was called to order by Chair Rico Yingling at 4.05 p.m
Approval of Minutes of July 16, 2002
Committee Member Leona Orr moved to approve the minutes of July 16, 2002 The motion was
seconded by Committee Member Tim Clark and passed 3-0
Approval of Vouchers Dated August 15, 2002
Tim Clark moved to approve the vouchers dated August 15,2001 The motion was seconded by
Leona Orr and passed 3-0
Dedicated Utility Tax Funding for Youth-Teen Programming
Parks Director John Hodgson and Recreation and Cultural Services Superintendent Lon Hogan
presented an update on the ordinance for the dedicated utility tax funding for youth-teen
programming that the Kent City Council enacted eight years ago to invest dollars and resources
into preventative programs for the youth and teens of the Kent community The ordinance
increased utility taxes 0 3% and directed the Parks Department to develop a program to give all
young people supervised activities and to empower them to be valued partners in the Kent
community,bringing services to where the kids were—in local schools, apartment complexes,
parks, and community facilities In May 1999, the Council authorized continuation of the Utility
Tax while eliminating the sunset provisions and dedicating one half of one percent to youth
related capital projects The Youth and Teen Program is currently operating at near capacity
A video was shown that reflected the current core trends in programming and included
comments from parents, participants, educators, police, and staff telling what the program has
meant to them and how it has impacted their lives. Ms Hogan said some programs impact large
groups of kids and others impact one youngster at a time, but the goal to try to positively impact
kids' lives remains the same She pointed out that the video didn't emphasize the capital project
side of the Youth and Teen Utility Tax Funds, 10%of which is dedicated to capital funding She
lifted projects of more lasting or permanent facilities that had been constructed and developed
for youth
Julie Stangle, Youth and Teen Programs Manager, passed around a handout listing all the
programs currently in operation, and gave a brief description of what each program does Ms
Stangle introduced two of the Youth and Teen staff,David Hobbs and Sarah McNutt
Operations Committee,8/20102 2
Melvin Tate, Vice Principal of Kent Junior High School, said it was important for the Committee
to know about the way that Parks staff has collaborated with the Kent School District and has
worked with other entities around the community and county He specifically mentioned and
promoted the Work Your Way Back to School Program,which is designed to take students who
are suspended from school,have them arrive in school at the same time as normal,but then put
them on a bus and take them out to a work project. The project was termed Work Your Way
Back to School so that the kids would appreciate school a bit more when they came back. After
working most of the morning,the kids would have lunch and then a counseling session with the
Kent Youth and Family Services and county staff. The kids were then dropped back off at the
school, where they had to try and catch up on what they had missed during the day. Mr Tate
said parents applaud the program and it's a service that the community can appreciate He said
he could not give enough applause or appreciation for the variety of programs that the Parks
Department has created, probably about 6-7 that Kent Junior High students take advantage of on
a regular basis He mentioned the Discovery Club,the Ski Club, and other programs such as a
trip to Western University and the Lighthouse program.
Rico Yingling explained that there were Automatic Funds in the City budget, some that Council
has control over and some it doesn't have control over, and (because the City was going into the
next budget cycle)he had asked Finance Director May Miller to bring forward discussions on
those funds to see whether any policy changes might be desired that would affect or impact the
budgets for the departments that utilize the funds, or the funds themselves Bringing all of the
information together would make the Council more knowledgeable about where and how the
money was used and what benefits were received
Tim Clark recalled that when the Teen fund was created, it was because the Council was very
concerned about services towards youth and their parents and the community as a whole The
vision was to have a Teen Center but the funds were not there at the time. He said the question
now was whether to continue with that vision to eventually have a Teen Center The history
indicates that the fund is beneficial, does make a difference, does influence the young, and is a
support mechanism for the community Leona Orr commented that when the tax was passed,
there was not one phone call from anyone complaining, the community was very, very
supportive, and the tax increase was minimal and cost people very little per year She added that
devoting some of the money to capital projects in 1998 was a very positive move
Rico Yingling questioned how much of the$670,000 for this year would go to employee
salaries John Hodgson said there were five full time Recreation Specialists and two clerical
staff Also, a portion of Julie Stangle's salary was transferred from the General Fund to the Teen
fund Mr. Yingling asked if a one page summary of the programs and the number of participants
and their socio-economic makeup could be put together for the Committee John Hodgson said
the Parks Department would get that information
Councilmember Julie Peterson questioned why the salaries and benefits for the programs went
up almost five times,but the population from the inception of the Fund until now had not quite
doubled May Miller answered that the first year or two, the program was not up to speed in
getting all the staffing and programs developed John Hodgson added that there were two FTE's
and a clencal person when the program first started After the annexation jump, additional staff
Operations Comm ttee,8/20/02 3
was added. Better numbers to look at would be 1997's,which was the first phase of full funding
for staff Mr Hodgson acknowledged that there had been an increase,but not in new staff to the
City—just a redirecting of costs to the program
2002 First Half Budget Ad'lustments
May Miller said the 2002 First Half Budget Adjustments were technical housekeeping
adjustments, primarily of previously approved projects The ordinance also consolidates
individual budget items, for budget adjustments made between January 1, 2002 and July 31,
2002, into one adjusting ordinance to facilitate the state auditor's requirements With the
pending implementation of GASB34, and to make more efficient use of the City's new
accounting system, many of the projects were reclassified into different funds. There were
reductions in several funds which had to do with transfers, other adjustments were grants not
recorded correctly Almost all the big money is in Other Capital Project areas, and there were no
staffing changes
Tim Clark recommended that Council adopt the ordinance amending the 2002 Budget for
adjustments made from January 1, 2002 to July 31, 2002 in the amount of$29,901,093,
The motion was seconded by Leona Orr and passed 3-0.
June Financial Report
May Miller reported that the financial picture hadn't improved, nor had gotten significantly
worse. Revenue through June was under budget by about a million dollars and expenditures
were under by about the same amount Sales Tax was still running 5% under for June But, Ms
Miller said, by December that should improve as the state's fiscal year ends September 30"'
Rico Yingling asked if there were any budget adjustments necessary because of the revenue
shortfalls Ms Miller said that the only one being reviewed was the Health Insurance Funds
There have been a lot of claims and staff will meet with the insurance agencies to review that
fund. The rest of the budget looks to be as was expected In answer to Mr Yingling's question
about how the golf course was doing, Ms Miller said revenue was up in June by 4% (they were
still holding the line on expenditures), and things should get better as July and August have been
even better months than June, especially for the Driving Range
The meeting adjourned at 5 02 PM
Jackie Bicknell
City Council Secretary
PARKS COMMITTEE MINUTES
JULY 99 2002
COMMITTEE MEMBERS PRESENT- Chair Judy Woods, Connie Epperly, Bruce White
STAFF PRESENT- John Hodgson, Lon Flemm, Tom Brubaker, Shane Gilbertson, Lon Hogan,
Tim Clark, Cody Geddes, Jackie Bicknell
PUBLIC PRESENT- Mike Garland
The meeting was called to order by Chair Judy Woods at 4 04 PM. The Youth Umpires Program
was added to the agenda
Fee-in-Lieu Revenue Budget Transfer—Approve
Parks Planning and Development Superintendent Lon Flemm said fee-in-lieu of funds totaling
$66,567 were donated from three subdivisions for the second quarter of 2002 These funds have
to be spent within five years of collection and they will be used at parks close to the
subdivisions:
• 132"d Avenue Neighborhood Park, $9,375, from Allenback Division IV
• Clark Lake Park, $14, 367, from Landmark Subdivision
• Service Club Ball£ields, $42,925, from Meridian Ridge Division 1
Committee Member Connie Epperly moved to recommend accepting the fee-in-lieu of
funds totaling $66,567 and amend the budgets accordingly. The motion was seconded by
Committee Member Bruce White and passed 3-0.
King County Youth Sports Facility Grant—Authorize
Lon Flemm said the City of Kent would like to apply for$50,000 of King County Youth Sports
Facility Grant funds The money would be used for the new East Hill Youth Sports Complex
and would go for bleachers, soccer goals, bases, the pads that go at the back of the backstops,
two long jump pits, and other furnishings for the complex The match is $25,000, and the City
would use $18,750 of plant material to go in the parking lot, the islands, and along the edges of
the lot for part of the match The plants would then be planted by volunteer labor from a service
club as the rest of the match.
Ms. Flemm said a letter needs to be sent saying that the City Council supports the application for
the grant The Parks Department has applied annually for the grant and in years past have been
successful in getting play equipment at Kent Memorial Park,Russell Road Park, and the Service
Club Ballfields
Bruce White moved to recommend authorization to submit the 2002 King County Youth
Sports Facility Grant Application. The motion was seconded by Connie Epperly and
passed 3-0.
Parks Commmee,7/9102 2
Park/Facility Namine Policy—Authorize
Parks Director John Hodgson said one change would be made to the ordinance relating to
naming parks. There has been interest from the community, as well as from Council Members,
to have the ability to name parks after somebody living and allow that to remain a surprise until
the dedication of the park. With each request to name a park after someone, a com,7ittee made
up of the Mayor,Council President, Parks Committee Chair, and the Parks Director may meet to
designate the name of either a park, public facility, or a feature within a park
Connie Epperly moved to recommend authorization to make proposed changes to the Park
Naming Policy. The motion was seconded by Bruce White and passed 3-0.
Service Club Ballfield Donation —Accept and Amend Budget
John Hodgson said that he was in attendance at a Rotary Meeting last week and was presented
with a check for$4,500 for the Service Club Ballfields. The money will go towards the
$140,000 that all the service clubs together have pledged for that project
Bruce White moved to recommend accepting the$4,500 donation from the Kent Sunrise
Rotary Club and amending the Service Club Ballfield Budget. The motion was seconded
by Connie Epperly and passed 3-0.
Kent Comprehensive Plan Update
Lon Flemm said that since introducing the Parks Element, Chapter 10, of the Kent
Comprehensive Plan at the last Parks Committee meeting, comments have been taken from the
community and also from staff and other departments throughout the City The Chapter 10 draft
was presented to the Land Use and Planning Board and comments were received from the Board
and from those in attendance at that meeting Staff is still taking comments and any input is
welcome and will be accepted up until the time the Comprehensive Plan is adopted by the City
Council The whole Parks and Recreation Plan should be brought back in September for changes
made since it was updated two years ago so it will be consistent with the Capital Facilities Plan
and the City Comp Plan.
At the July 8ih meeting of the Land Use and Planning Board, the suggestion was made that
instead of refemng to Chapter 10 as the Parks Element, it should be called the Parks and Open
Space Element Ms. Flemm agreed that that was a good suggestion and said the change would
be made She explained that suggested deletions had been crossed out and additions underlined
■ Inventory of Park and Open Space Lands(page 18) Forty-eight neighborhood park service
areas have been identified throughout the City of Kent There are currently 28 neighborhood
parks but in a couple of those service areas, community parks fulfill the role and function of a
neighborhood park That section will be expanded and more description given to the
neighborhood service areas and the parks located within each
• Land Acquisition, The Land Use and Planning Board mentioned that they were pleased with
the Parks Department's aggressive approach towards land acquisition to acquire land before
the development of the City in total and before build-out is reached,because at that point it
Parks Cormrattee,719/02 3
would become too expensive to go back and acquire land. The Board thought an emphasis
on land acquisition was a good approach at this time in the City of Kent.
• Level of Service Standard,pages 22-23. The level of service issue will be considered when
the Parks element is brought back to the Parks Committee,probably in August, after the
Comprehensive Plan is furthered developed and park acquisition and development strategies
are looked at along with the Capital Facilities Plan.
■ Funding,page 27. A suggestion was made at the Land Use &Planning Board meeting to
look at using commercial endorsements in the parks as an additional source of funds, and that
will be addressed when funding strategies are looked at for each development project in the
Park Comprehensive Plan. Suggestions were made for the Master Plan for Commons
Playfreld, and those will be addressed in the Master Planning process later this fall and then
included in the Comp Plan That may not make this year's update because the Master Plan
most likely will not be adopted until next year.
■ Policy, page 32 The change would be made to call it Park Open Space and Recreation
Goals and Policies. There are quite a few changes to the goals and policies and one major
change mentioned in the Land Use and Planning Board meeting was in regard to Lake
Youngs. Lake Youngs is not in the potential annexation area and it is also a City of Seattle
watershed, so all references to the City of Kent providing recreation opportunities at Lake
Youngs were deleted as it was not appropriate to include that in City policy since it's not in
the potential annexation area
John Hodgson commented that the level of service area was a real challenge and had gone down,
but the Council and the Mayor's office have been very committed to the Parks Department
acquiring land now for the future He said he hoped there would be language that talked about
getting back to the level of service over some period of time in the future that the City once had
The challenge is to remember what that level of service was Five years ago, the level of service
was a lot different than it is now, and 20 or 30 years from now, it may be even less than now
Mr.Hodgson suggested the need for setting a plan in place to get back to the level of service the
City had in 1994 With the annexations, it has been very clear that the county is in the regional
park business and has very few neighborhood parks When looking at some of the future
annexations, there's next to nothing in terms of neighborhood parks and it's going to be a real
challenge to find land available today and in the future A long-term plan is needed to try and
meet the needs of the level of service as it relates to parks
The other level of service is facilities The City has doubled in size yet hasn't built a facility
since the Senior Center was built 15 years ago, and the level of service really has been cut in
half Someday the community will want to bnng forward another facility and all of a sudden that
level of service will spnngboard ahead However, the level of service for the golf course is
always going to diminish, and there probably isn't land anywhere to build another golf course in
Kent unless one of the landfills is used
Parks Committee, 719102 4
Youth Umpire Program
Mike Garland, 26738 5F Place S, Kent,told the Committee that his 15 year old son was one of
12-15 youngsters who were trained to be a youth umpire He went through the training and the
jamboree (and also went to a game) and made a total of$76. He worked for a total of one half
hour and was paid for between 5 and 8 hours. Then, after all the training,there was no work.
Mr. Garland said he had talked to Mr Hodgson who agreed to look into the issue It was
forwarded to the athletic director who forwarded it to the umpire director who agreed to give his
son at least one game the next week under another umpire. Instead of that happening, an email
was received from Program Coordinator Shawn Wilson that said there were no openings for
youth empires but he would call when there was an opening. Mr Garland stated there has never
been an opening and that means probably a couple of thousand dollars have been spent training
kids to be umpires who have never been used. It seems the simple answer would be to tram
fewer kids and then put them in the game, or maybe use that money for more equipment, etc. (It
would free up a couple of grand a year.) Mr. Garland said he didn't understand why all those
kids were trained and then not used.
John Hodgson said a lot of umpires are trained because it's not every year that there's always
enough. There have been times at the end of the season when Shawn Wilson and some of the
other full time professional staff are out umpiring games themselves Sometimes only l0
umpires are needed and 12 are available—or there may be only two available. In regards to the
jamboree, everyone gets paid all day because,hopefully, they're learning as they're watching.
Mr. Hodsgon said he would follow up on the issue.
The meeting was adjourned at 4 33 PM
Jackie Bicknell
City Council Secretary
PLANNING COMMITTEE MINUTES
AUGUST 20, 2002
COMMITTEE MEMBERS PRESENT Chair Leona Orr, Tim Clark, Bruce White
STAFF PRESENT Fred Satterstrom, Kim Adams Pratt, Charlene Anderson, Jackie Bicknell
The meeting was called to order by Chair Leona Orr at 3.04 PM
Approval of Minutes of July 9, 2002 and July 16, 2002
Committee Member Tim Clark moved to approve the minutes of July 9 and July 16, 2002 The
motion was seconded by Committee Member Bruce White and passed 3-0.
Vine County Countywide Planning Policy Amendments
Planning Manager Charlene Anderson presented a request to ratify amendments to the
Countywide Planning Policies She said two of the issues don't involve areas in the City of Kent
or its surroundings Substitute Motion 00-3,which recommends amending the Urban Growth
Boundary to reflect the 2000 Comp Plan Amendments adopted by the county, and Motion 01-3,
which talks about the City of Snoqualmie's planning area The Countywide Planning Policies
provide a framework for Kent's Comp Plan Amendment, and in order for the policies to be
effective, they need to be ratified by 30% of the cities representing 70% of the population Even
. if Kent were to choose not to ratify, conceivably enough cities with enough population could
ratify the policies, and they would be effective and still become the framework for Kent's
Comprehensive Plan amendment situation
The county desires to create a map, along with the LU-27 Countywide Planning Policy, that
depicts the urban separators A year or two ago Kent decided on what their urban separator
designations were going to be within the city limits In the PAA, the City accepted the county's
designation The proposed map in the agenda packet reflects what Kent passed concerning urban
separators Staff doesn't see any issue with having such a map attached to the policy When the
City was going through the urban separator issue, there was some confusion of where the urban
separators were The map helps clarify that, and when future areas are annexed, the location of
the urban separators will be known
Tim Clark suggested that the AG lands could potentially fit the designation of an urban separator
since they retard full scale development and play a space creator by the nature of their design
Greenbelts actually become or function as urban separators Charlene Anderson said there were
no open space areas created through the AG designation SR-1 areas (one umt per acre)were
created, similar to urban separators but without the urban separator designation The urban
separator designation requires clustering,which means that next to the sensitive area, 50%of the
buildable area would be preserved for open space use for the development and the other 50%
could be built upon That regulation was not placed on any of the AG lands as it was passed
i
Plammng Comimttee, 8/20/02 2
The county GMPC did today take another look at the issue of taking out of the urban growth area
boundary the APD lands south of the river Tim Clark said that raised a red flag because the City
had fought the county having control of that land because they have a habit of changing the rules,
and that pressured the City to find a resolution to an agricultural designation as an area. Mr.
Clark said he would be most upset if suddenly he was told that the county had now once again
changed their mind
Ms Anderson said it was actually the same issue about taking those lands out of the UGA that
Mr. Clark had testified about at the GMPC about a year ago—it has Just reared its head again
The King County Comp Plan has already taken the lands out of the UGA, and the Council passed
a motion and then re-passed a motion, which created confusion Mr. Clark said he would like to
hear any updates and Ms Anderson said she would keep him informed Leona Orr requested
that any information be given immediately to the Committee as soon as it was received
Bruce White asked if any of the affected jurisdictions had voted on the policies yet. Ms
Anderson said she believed that Snoqualmie had come to a resolution on the issue affecting them
and were voicing support for that Maple Valley was actually switching lands back and forth
between the UGA and the rural designation to come up with something they could both agree to
Mr. White said he was a little uncomfortable voting to impose policies on other jurisdictions
when they didn't affect Kent He said he would like to get a sense of whether other junsdictions
were on board, because Kent has a substantial population that would count towards the 70%
Ms Anderson said the County's proposed map has the areas under dispute specifically marked
and notes that there would be continued discussion for resolution of those areas that were in
conflict One of the requirements is that cities coordinate with neighbonng junsdictions on their
comprehensive planning efforts
Bruce White moved to recommend Council ratification of the amendments to the
Countywide Planning Policy. The motion was seconded by Tim Clark and passed 3-0.
The meeting adjourned at 3 20 PM
Jackie Bicknell
City Council Secretary
PUBLIC SAFETY COMMITTEE MINUTES
AUGUST 13, 2002
COMMITTEE MEMBERS PRESENT Chair Connie Epperly, Julie Peterson, Rico Yingling
STAFF PRESENT Jim Schneider,Nancy Mathews, Pat Fitzpatrick, Sara Grant,Bruce
Weissich, Glenn Woods, Jackie Bicknell
PUBLIC PRESENT Bert Barrus, Michael Barrus, Blake Faulkner
The meeting was called to order by Chair Conine Epperly at 5.08 PM
Approval of Minutes of July 9, 2002
Committee Member Rico Yingling moved to approve the minutes of July 9, 2002 Committee
Member Julie Peterson requested that comments she had made regarding the need to hire a
consultant under the RUAD Grant,page 2, Liquor Control Board Expenditure Amendment,be
included in the minutes Ms Peterson said she didn't think using$6,000 of the grant money to
determine if the money was actually being used as it was supposed to be used, was an efficient
use of the money Mr Yingling revised the motion to accept the minutes as amended Ms
Peterson seconded the motion and it passed 3-0
RUAD Grant Revision—Accept
Police Administrative Services Lieutenant Bruce Weissich said the Department had the
opportunity to accept $8,300 from the Liquor Control Board to use specifically for advertising to
help reduce underage drinking He introduced Police Administrative Assistant Sara Grant who,
he said,had been the subject matter expert in the area and had done the research Ms Grant
passed around a copy of an ad that the Graphics Department had put together to show how the
money would be used She said youth in the South King County area would be targeted with a
media campaign in movie theaters The ad would be shown a number of times before the start of
movies at three different theaters, the Auburn Super Mall Theater, the East Valley Theater, and
the Kent Cinema 6, and would run from September 6m through January 10, 2003 A very high
target audience would be reached Ms Grant said the same thing had been done in Grays Harbor
with a lot of success
This revision money is an extension of the current RUAD Grant, which the Liquor Control
Board offered to the communities that received the funding The original amount offered was
$8,000,but the company doing the ad came back with an $8,300 total to run the ad, and that
amount was then approved by the Liquor Control Board
Rico Yingling moved to recommend that Council accept a RUAD Grant revision in the
additional amount of$8,300 for approved activity and to authorize the Chief to sign the
revised contract and to adjust the budget. The motion was seconded by Julie Peterson and
passed 3-0.
Public Safety Comm ttee,8/13/02 2
U.S. Department of Justice Grant Related to Weapons of Mass Destruction
Fire Chief Jim Schneider said the U S Department of Justice Grant Related to Weapons of Mass
Destruction goes through the State of Washington and is then distributed through the King
County Emergency Management Center This grant is for fiscal year 2001. The purpose of the
grant is for purchase of equipment for both terrorist incidents and weapons of mass destruction
Most of the equipment will be used for mutual aid agreements between local jurisdictions,both
police and fire. The equipment purchases this year have been focused on personal protective
equipment and detection equipment Training, maintenance, and storage of equipment would be
the responsibility of the City of Kent's Police and Fire departments The Police will be receiving
85 purifying respirators and canisters,which can be used for chemical,biological, and not
control The Fire Department will receive a reversible Level A Chemical Entry Suit and a
Biological Air Sampler that can be used for biological incidents. The total value of the
equipment received for this grant is $27,080 76
Julie Peterson moved to recommend that Council authorize the Mayor to sign the
Certification and Assurances Document and Distribution Agreement of the U.S.
Department of Justice Grant Related to Weapons of Mass Destruction. The motion was
seconded by Rico Yingling and passed 3-0.
2001 Fire Department Annual Report
Chief Jim Schneider presented the Fire Department's 2001 Annual Report He gave credit to
Assistant Chief Steve Hamilton and Firefighter Randy Droppert for the time and effort they spent
in putting the report together and coordinating the entire event among all the different divisions
within the Fire Department A tribute to former Fire Chief Noun Angelo, written by Chief
Hamilton, Page 4, recognizes and thanks Chief Angelo for all that he did for the Department over
the years Chief Schneider said that Chief Angelo would be sent a copy of the annual report so
he could see the tribute
Incident Data, Page 6. Over the years the numbers have been up and down as far as incidents
go Increases have been for emergency responses One of the significant increases was in
1998 when there was an increase of 1,116 incidents over the previous year In 1999 there
was an increase of 372, and in 2000,234. Last year there was an increase in the number of
emergency responses by 174 incidents Over a four year period, the average increase was
474 runs a year, but for the last three years, it was 260 About 74% of the runs are for
emergency medical type responses
Incidents—Day of the Week,Page 7 Most of the incidents occur on either Wednesday
or Friday. The least incidents occur on Sundays.
Incidents—Time of Day,Page 8 Most of the runs are in the afternoon and evening
between the hours of 1500 and 1700, as that's when most activities occur in the
downtown and when people are going home The time when things usually don't occur
is between 3.00 AM and 4.00 AM
• Fire Prevention. Page 11 There were 851 plan reviews done last year and 3,199 new
inspections
Public Safety Committee, 8/13/02 3
■ Public Education, Page 13: Five hundred and fifty classes for public education were
delivered last year and 320 hours of time spent communicating with the community on public
education topics.Ninety thousand citizens were reached with public education messages.
■ Training,Page 14 Classrooms were booked approximately 73%of the available time last
year in the training facility(which was almost every night) for citizens or Fire Department
personnel
• Safety. Page 16: There were 62 incidents that involved personnel in Workers Comp type
injuries. Twelve were back injuries, and that number was down from last year when there
were 22 (The leading cause of death for firefighters is heart attacks and the second leading
cause is vehicle accidents) Physical agility is very important and there is a time allotted
every day for personnel to work out, hopefully to lower the chances of physical injuries
Chief Schneider said Kent's injury rate was below the state average and that could be
attributed to the physical activity that's allowed for personnel,most of which participate in
physical activity daily when on duty
• New Apparatus, Page 19. Four Pierce Quantum's went into service last year,the main part of
which are the CAF Systems (Compressed Air Foam System) that suffocate the fire,causing
less water and smoke damage to the contents and facility The systems are environmentally
friendly and are important pieces of equipment (The CAF System is like having four
firefighters on the apparatus)
Rico Yingling asked if Kent's equipment and training were aligned with the fact that 75% of the
calls were EMS calls Chief Schneider said that the number of EMS calls would probably go up
because the population was aging. Training-wise,he said the Department was doing a good Job
and has a very good EMS delivery system New defibrillators were Just put in service and the
Department is staying ahead of technology with its EMS training However, there is a definite
need to get a third aid car in service There were 9,500 calls last year that were EMS related,
which is a lot of calls for two cars to handle daily. The burnout factor is a consideration that has
to be looked at, and there are some areas that don't get the quick response that's needed He said
a third car would probably be located on the West Hill or out at Station 76 on the north end
industrial area
Julie Peterson asked how many of the 9,500 calls were not real medical emergencies,as some
folks use 911 for things besides emergencies Chief Schneider said that Valley Com,most of the
time, does a pretty good Job of deciphering calls from the dispatcher. (Medical calls are broken
down on page 9, which shows there aren't very many unknowns)
Connie Epperly asked if the City was still pursuing the possibility of doing its own transport
Chief Schneider said there were incidents where the Kent Fire Department currently does
transporting It's a decision that the Lieutenant can make at the scene and is made mainly
because of proximity to a hospital or if the current BLS provider is not nearby Chief Schneider
said the City currently is not billing for those transports and that's revenue that's being lost The
10 insurance company can be billed, and the logistics for doing that is currently being worked
PubItc Safety Committee,8/13/02 4
through with the City Attorney's Office A committee is working on getting into the BLS
business and is putting together a recommendation paper. The City of Kent is also working with
some of the other jurisdictions that are looking at doing the same thing Cluef Schneider said the
Department can transport a lot quicker and there are times when the patient could be en-route to
the hospital before a separate BLS provider would even arrive on the scene
Rico Yingling asked that Performance Measures be considered as an addition for next year's
Annual Report, saying it would be good to see how well the Department was meeting the
Mission Statement and Guiding Principles as relating to giving quality service, prompt response
times, quality care, etc Chief Schneider agreed to encapsulate performance measures in the
annual report
The meeting was ad)oumed at 5 31 PM.
Jackie Bicknell
City Council Secret
PUBLIC WORKS COMMITTEE MINUTES
AUGUST 19, 2002
COMMITTEE MEMBERS PRESENT Chair Tim Clark, Julie Peterson, Rico Yingling
STAFF PRESENT. Don Wickstrom, Gary Gill,Bill Wohnski, Cyndi Wilbur,Pat Fitzpatrick,
Jackie Bicknell
PUBLIC PRESENT Howard Montoure,Brian Hollinger
The meeting was called to order by Chair Tim Clark at 5.05 PM. Circle K Mobile Home Park
Sewer Project Bid was added as agenda item number 8 Citizen Complaint Correspondence was
added as agenda item number 9
Approval of Minutes of August 5,2002
Committee Member Rico Yingling moved to approve the minutes of August 5, 2002 The
motion was seconded by Committee Member Julie Peterson and passed 3-0.
WSDOT Grant, SR167/S277th St Northbound On and Off Ramps —Accept
Public Works Director Don Wickstrom said this item was not a grant, but a contract for$78,000
with the State to pay the WSDOT for their expenses to inspect work on the Auburn section of the
S 2771h Street Corridor between Auburn Way North and the Valley Freeway,which lies within
the limited access of SR167 Inspections are also needed on the beams related to the bridge
girders being built
Julie Peterson moved to recommend authorization for the Mayor to sign the State/City
Agreement, which reimburses the State for work performed on the SR167/S277th
Northbound On and Off Ramps project. The motion was seconded by Rico Yingling and
passed 3-0.
LID 352 (1", 3`d, & 5ih Avenues South,North of 259ih St.)—Set Public Hearing Date
Don Wickstrom said the bulk of the work has been done on the assessments to the property
owners for LID 352 and staff is proposing a public hearing date of October 15"' for the final
heanng on the assessment roll Property owners know what their assessments are and the public
hearing will allow them the right to argue whether their property has been benefited to the
amount of the assessment
Rico Yingling moved to recommend that Council set the hearing date for the confirmation
of the final assessment roll as October 15, 2002 for LID 352. The motion was seconded by
Julie Peterson and passed 3-0.
LID 354 (Washington Ave HOV lanes and Meeker St Widening)—Set Public Hearing Date
Don Wickstrom said the Washington Ave HOV lanes and Meeker St Widening projectwas
nearly done and LID 354 has been formed The LID assessment needs to be finalized and a
public hearing date set.
Public Works Comnuttee,8/19/02 2
Julie Peterson moved to recommend that the City Council set October 15', 2002 as the
public hearing date on the confirmation of the final assessment roll for LID 354. The
motion was seconded by Rico Yingling and passed 3-0.
Mill Creek Relief System Agreement
Don Wickstrom said Metro contracted with the City to build an interceptor on the 277°i Corridor
between Kent Kangley and Auburn Way North. The City of Kent managed Auburn's section of
the 277"' Corridor project from Auburn Way North to SR167 Metro did not have rights of way
from the Carpmito and Monk properties to build that piece of the sewer system so there was a
gap Metro has now secured the rights of way from both Monk and Carpimto and a permit to
cross the tracks, and they want Kent to add the construction of the interceptor to the 277"
Corridor Project and have the City's contractors do the work as a change order, which amounts
to about$3 6 million Metro will pay for all the costs and changes as a result of the work. Mr
Wickstrom said the City built the West Hill Extension over to Metro's north/south interceptor
Rico Yingling recommended authorization for the Mayor to sign an amendment to the Mill
Creek Relief System Agreement upon concurrence with the language therein by the Public
Works Director and City Attorney and to establish the budget for the same. The motion
was seconded by Julie Peterson and passed
3-0.
Department of Ecology—Washington Conservation Corps Sponsor Grant
Bill Wolmski, Environmental Supervisor, said participating in the state level Conservation Corp
program would allow some work to be done at the Green River Natural Resource site, plus some
landscaping on a couple `other projects. The Department of Ecology established the program
as a youth job skills tram .g program that would provide gainful employment on various
conservation needs throughout the state, such as salmon habitat work,highway projects,and
reforestation There was a need for a big labor pool and this was an opportunity for a mutual
benefit to the citizenry and also to young people interested in gaming work experience, The five
workers, plus a supervisor, would vary in age from teenagers to young adults The City pursued
the grant because it was a potential cost saving Fifty percent of the cost would be paid by the
grant program and an additional $9,000 would be defrayed by another Forestry Program grant
The $58,000 cost to the City would come out of the funds for the various projects where the
work would be down. Don Wickstrom added that it would cost less to hire the conservation
crew than to contract the jobs out
Rico Yingling requested that Mr Wolmski come back in the future and provide more
information about where the workers came from He suggested the City might want to
communicate more information to Kent citizens about the program Mr Wolinski said he could
report back at the next meeting
Rico Yingling recommended authorization for the Mayor to sign the grant agreement,
direct staff to accept the grant, and establish a budget for the funds to be spent within said
project. The motion was seconded by Julie Peterson and passed 3-0.
Public Works Committee, 8/19/02 3
Sienal at 741h and Willis
Don Wickstrom said the WSDOT came out with a last minute requirement to do an Air Quality
Study on the signal installation at 74i1' and Willis streets The DOT had approved the
channelization plans and the City has all the required permits,but staff is hesitant to start the
project for concern that the state might say to get off its right of way, which could cause the
contractor to file damage claims against the City(he would have a valid contract but couldn't do
the work and would incur lost revenues from the project) Mr Wickstrom said signals never
pass air quality, and supposedly, when a project is done, air quality should be improved
Rico Yingling asked if it was a legal standard that a road project had to improve air quality
Deputy City Attorney Pat Fitzpatrick said it was pretty safe to say that a project couldn't impede
or be a detriment to air quality,but that road projects shouldn't have to improve air quality (A
completely new road would probably cause some detriment to the air quality) The City has to
find out why the state is making the request and look at the rules under the Washington
Administrative Code to assess whether it would fall within one of the requirements
Mr. Yingling requested weekly email updates on what was happening Mr Wickstrom said staff
would do that
Circle K Mobile Home Park Sewer Proiect
Don Wickstrom said the sanitary sewer line servicing the Circle K Mobile Home Park and a few
small businesses and a residence was failing It is located on the west side of West Valley
highway and north of S 238 St (behind the Caveman), and was built in 1961 The sewer failure
has recently progressed (the ground is settling around the pipe on the private property where the
easement is), and the manhole is being pumped every two hours Because of the seventy of the
problem, the issue needs to be addressed immediately The cost is estimated to be $257,000
Mr Wickstrom said another problem,which runs 95 feet east, was found right down the middle
of Gowe Street between City Hall and the Centennial Building That project will be added as a
change order to this contract The cost for it isn't known yet, but the money will come from the
budget for miscellaneous sewer repair It's anticipated that future costs will be about half a
million a year to address miscellaneous type improvements of replacing sewer lines and building
new lines where ones have failed
Julie Peterson moved to recommend to the full Council that the Mayor be authorized to
award the construction contract for the sewer improvement work summarized as Schedule
I,II,1I1, and IV subject to the Public Works Director's concurrence therewith. The
motion was seconded by Rico Yingling and passed 3-0.
Citizen Complaint Correspondence
Tim Clark said Mr Grieve's private property was located on the Sea Tac side of 42nd (the feeder
street from 2081h into the Kent View property) where the road had to be widened He lives on a
fairly steep hill and lus private driveway comes down to 42nd The issue is difficulty seeing
oncoming traffic from the left-hand side because of the slope
Public Works Committee,8/19/02 4
Don Wickstrom informed the Committee that the City's Development Review Supervisor would
meet with Polygon,who built the road The City's position is that Polygon needs to address any
safety problems generated by their design
Julie Peterson asked if staff could keep the Committee updated on the issue via email. Mr.
Wickstrom said they would
The meeting was adjourned at 5 52 PM.
Jackie Bicknell
City Council Secretary
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CONTINUED COMMUNICATIONS
A. P
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• EXECUTIVE SESSION
A) Property Acquisition
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