HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 12/09/2003 AG EN DA
City of Kent
City Council Meeting
Agenda
•
December 9, 2003
Mayor Jim White
Councilmembers
Judy Woods, Council President
Tim Clark Julie Peterson
Connie Epperly Bruce White
Leona Orr Rico Yingling
KENT
WASHINGTON
City Clerk's Office
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
KENT December 9, 2003
WASHINGTON Council Chambers
7.00 p.m.
MAYOR Jim White COUNCILMEMBERS Judy Woods, President
Tim Clark Connie Epperly Leona Orr
Julie Peterson Bruce White Rico Yingling
1. CALL TO ORDER/FLAG SALUTE—American Legion Honor Guard 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. Green Business of the Year Award
C. Introduction of Appointees
5 PUBLIC HEARINGS
A Comprehensive Plan Amendment— Capital Improvements Plan 2004-2009—
12�hnance—Adopt
6. CONSENT CALENDAR
A. Minutes of Previous Meeting —Approve
B Payment of Bills—Approve
C. Kent Reporter Contract—Approve
D. Grant from State of Washington Department of Health, Office of Emergency
Medical and Trauma Prevention—Accept
E Vehicle and Equipment Surplus and Sale—Approve
F. 2004 Kent Lodging Association Contract and Budget—Approve
G S. 248th Street Improvements, (94th Avenue S —100th Avenue SE) Project—
Accept as Complete
H. 2004 City Art Plan 2004-2009— Approve
1. King County Artist-in-School Project Grant—Accept and Amend Budget
J. Reimbursement for Street Tree Replacement—Accept and Amend Budget
K. 2003 LTGO Councilmanic Bondnance—Adopt
L. Accounts Receivable Wri Off—Approve
M 2003 Budget Adjustmer O inance—Adopt 3 b15
N Comprehensive Plan Amendment— School Districts' Capital Facilities Plans
;ainance—Adopt 3 V 11\
O. Revisions to Kent City Code Chapter 12 13 — School District Impact Fees
Or nance—Adopt 31o15 .1 V
P. 2003 Annual Comprehensive Plan Amendment Or nance-Adopt
• Q 2003 Zoning Implementatiolj�inance—Adopt 3611
R. Pmeridge Final Plat—Approve
(continued next page)
SUMMARY AGENDA CONTINUED
• S. Alvin's Pond Final Plat—Approve
T. Autumn Glen Final Plat—Approve
U. Kent Land Use and Planning Board Appointment and Re-appointment—Confirm
V Kent Bicycle Advisory Board Re-appointments—Confirm
W Kent Arts Commission Re-appointment— Confirm
X. Kent Human Services Commissio ppointment and Re-appointments —Confirm
Matncula Consular Identificaho Re lution - Adopt ),
2• f Kira�AzW
7 OTABUSINESS ! ��
A Streamlined Sales Tax fe'olution—Adopt
B. 2003 Property Tax 1/o Statutory Adjustment for 2 4 Budgetnance—Adopt
C 2003 Property Tax Total Levy fo 004 Budget Or ance—Adopt 3 b(,4
D 2004 Final Budget Ado —�nance 3(e10
E Outside Utility Service r aiance—Adopt 3 V1 k
F- A1 ifoculct
S. BIDS
A Upper Meridian Creek Box Culvert Supply Contract
9 REPORTS FROM STANDING COMMITTEES AND STAFF
10 REPORTS FROM SPECIAL COMMITTEES
• 11. CONTINUED COMMUNICATIONS
A• e ,,k V�
6. t_ot+q pray
12. EXECUTIVE SESSION
0A �abor Negotiations
e VUA
13 ACTION AFTERS EXtCUTIVE SESSION
14. 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.
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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
i
PUBLIC COMMUNICATIONS
A) EMPLOYEE OF THE MONTH
B) GREEN BUSINESS OF THE YEAR AWARD
C) INTRODUCTION OF APPOINTEES
. Kent City Council Meeting
Date December 9 2003
Category Public Hearings
I. SUBJECT: COMPREHENSIVE PLAN AMENDMENT— CAPITAL
IMPROVEMENTS PLAN 2004-2009 — ORDINANCE—ADOPT
2. SUMMARY STATEMENT: The Capital Improvement Plan includes all capital
expenditures for the next six (6) years as described in the Comprehensive Plan and is
updated and incorporated into the Capital Facilities Element of the Comprehensive Plan
on an annual basis. Public input is encouraged as the City plans for future capital
facilities and infrastructure improvements.
The City has held two (2) public hearings on the 2004-2009 Capital Improvement Plan.
However, because of the Washington Supreme Court's approval of Initiative 776, the
City will now suffer an additional loss of approximately $800,000 per annum. As a
result, we must amend the Capital Improvement Plan to reflect this annual loss and,
because the amendment is so substantial, it is advisable to conduct an additional hearing
on this amendment.
3. EXHIBITS: Ordinance
4 RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember seconds
to close the public hearing. ,4.�
B. Councilmember W'�noves, Councilmember 006�seconds
to adopt Ordinance No 5W relating to CPA-2003-5 amending the Capital Facilities
Element of the Comprehensive Plan to include the Capital Improvement Plan for 2004-
2009, which adoption shall be contingent upon Council approval of Consent Items N
and O.
DISCUSSION: L ,!�
ACTION: U "► Ci
Council Agenda
Item No. 5A
FINANCE
May Miller, Director
Phone 253-856-5260
Fax 253-856-6255
K E N T
WASHINGTON Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: December 2, 2003
TO: Kent City Council Operations ommittee
FROM: May Miller, Finance Director
THROUGH- Mike Martin
SUBJECT: 2004-2009 Capital Improvement Plan- Ordinance
MOTION- I move to recommend adoption of Ordinance No. adopting the 2004-
2009 Capital Improvement Plan with incorporation into the Capital Facilities element of
the Comprehensive Plan.
SUMMARY: The 2004-2009 Capital Improvement Plan totals $129,510,000 for six years
Water, Sewer, Drainage, and Transportation projects comprise 53% of these funds The balance
provides funds for Public Safety, Parks, and Campus Capital Projects
BUDGET IMPACT Yes, as noted
BACKGROUND:
Funding is pro,,ided from the Capital allocation of 25% of the sales tax, street taxes. utility rates,
grants, state loans, and bonds
Public Hearings were held for the CIP on September 16. 2003 and No\ember 18, 2003 An
additional public hearing is proposed for December 9, 2003 due to the Washington State
Supreme Court's approval of Initiative 776 which results in a loss of approximately $900.000 per
year or $4.800,000 over six years Additionally, $770,247 of excise tax from licenses was lost in
2003 Balancing options include-
2003 $ 223,000 Delete 212st Street pavement rehab
2003 150,000 Transfer back from closed projects
2003 397,247 Utilize Fund Balance
Kent Council Operations Committee Capital Improvement Plan 2004-2009-Oid
2004-2009 Capital Improvement Plan—Ordinance Page 2
2004 1,000,000 Defer Military Road & 260ih Intersection Improvement
2004 (1,400,000) Reallocate Kent Station & Parking Garage bond savings for:
2004 400,000 841h Ave. pavement rehab
2004 1,000,000 116`h Ave. improvements (256`h/Kent-Kangley/SR516)
2005 3,150,000 Funding deficit for 2005-2009 is shown as Other Funding Sources
so the projects will be eligible for grants, loans, or bonds.
However, if new revenues or other funds are not found the following
projects will need to be eliminated or further deferred
2007-2008 Military Rd & 260'J' Intersection Improvement
2005 72°d Ave. (1961h Street to 2001h Street)
2007-2009 1-5 Interchange
Other minor transportation changes include reducing the Fund Balance in 2006 to $7,417 as well
as minor adjustments to Kent shuttle service and sidewalk rehabilitation The $4.000,000 Tech
II bond issue was deleted from the Capital Improvement Projects in 2004 as these bonds are
proposed to be approved by Council in 2003. A technical correction of$789,000 in a 2006
campus renovation project for security improvement and campus improvements is also included.
Only the 2004 projects are budgeted in the 2004 Budget The 2005-2009 projects are only a plan
and will be reviewed and updated each year This plan will be incorporated into the Capital
Facility element of the Comprehensive Plan on an annual basis
Kent Council Operations Committee Capital Improvement Plan 2004-2009-Ord
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the City of Kent
Comprehensive Plan to amend the Capital Facilities
Element of the Comprehensive Plan to reflect a six-year
plan for capital facilities projects (CPA-2003-5).
I
WHEREAS, the Washington State Growth Management Act ("GMA")
requires internal consistency among comprehensive plan elements and the plans from ,
other jurisdictions, and
WHEREAS, to assure that P comprehensive plans remain relevant and u to
P up
to
the GMA allows amendments to the capital facilities element of comprehensive
plans concurrently with the adoption or amendment of a city budget (RCW
I36 70A.130(2)(ui)), and
I
WHEREAS,the City of Kent has established procedures for amending the
Comprehensive Plan in chapter 12 02 of the Kent City Code,allowing amendment of the
capital facilities element of the comprehensve plan concurrently with the adoption or
amendment of the City budget and allows the City Council to hold the public hearing
instead of the Land Use and Planning Board, and
WHEREAS, the City of Kent Finance Department has submitted
proposed amendments to the Capital Facilities Element of the Comprehensive Plan to
identify a six-year plan for capital facilities projects, including costs and revenue
i sources, and
1 Comprehensive Plan Amendments
Capital Improvement Plan 2004-2009
WHEREAS,after providing appropriate public notice,the City Council of
the City of Kent considered the requested comprehensive plan amendment and
conducted a public hearing on the same on September 16,2003,November 18,2003,and
December 9, 2003; and
WHEREAS,on September 16,2003,the City provided the required sixty
(60) day notification under RCW 36.70A.106 to the State of Washington of the City's
proposed amendment to the Capital Facilities Element of the Comprehensive Plan; and
WHEREAS, the sixty (60) day notice period has lapsed, and
j WHEREAS,on December 9, 2003,the City Council for the City of Kent
I
j approved the Capital Facilities Element amendment CPA-2003-5 to reflect a six-year
I
plan for capital facilities projects, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
�I
SECTION 1. -Amendment. The Capital Facilities Element of theCity of
Kent Comprehensive Plan is hereby amended to reflect a six-year plan for capital
facilities projects,as set forth in Exhibit"A"attached and incorporated by this reference
i P J rP
(CPA-2003-5).
SECTION -Severabilm. If anyone or more sections,sub-sections,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 Comprehensive Plan Amendments .
Capital Improvement Plan 2004-2009
SECTION 3. -Effective Date This ordinance shall take effect and be in
force thirty (30) days from and after the date of passage as provided by law.
I
JIM WHITE, MAYOR
�j
ATTEST:
'I
BRENDA JACOBER, CITY CLERK
I
I
APPROVED AS TO FORM-
TOM BRUBAKER, CITY ATTORNEY
PASSED day of 2003
APPROVED day of 2003
PUBLISHED day of 2003
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
P CivJ,ORDINANCE.CompPl.AmrnJ Capiullmp.,cPl.m_'WJ 20U4 doc
3 Comprehensive Plan Amendments
Capital Improvement Plan 2004-2009
EXHIBIT "A"
2004 - 2009 Capital Improvement Program
Sources of Funds
Amounts in 000's
PW Trust Other Capital
Fund Loan Sources Improvement Fund
8%
2% 10% Street Fund
Utility Funds
18%
Bond Proceeds Internal Service
41%
Grants Funds
4
6% %
a Sources of Funds 2004 2005 2006 2007 2008 2009 Total
Capital Improvement Fund 2,191 2,219 2,280 2,293 2,353 1,927 13,263
Street Fund 1,320 1,804 1,521 1,399 1,468 1,203 8,715
Utility Funds 1,737 8,563 2,979 6,122 2,593 1,397 23,392
Internal Service Funds 745 765 940 734 873 667 4,724
Grants 1,225 470 2,440 1,555 1,050 1,200 7,940
Bond Proceeds 18,737 29,000 5,000 52,737
PW Trust Fund Loan 9,000 1,500 500 11,000
Other Funding Sources 1,720 1,560 240 840 1,640 1,739 7,739
Total Sources of Funds 17,938 16,881 29,137 13,443 38,977 13,133 129,510
Not included in this plan:
Estimated $40,000,000 voted bond issue for Public Safety
2004 - 2009 Capital Improvement Program
Projects Forecast
Amounts in 000's
Transportation
Utility Fund 18%
Projects
35% Public Safety
8%
arks, Recreation d
General Government Community Services
21% 18%
Projects 2004 2005 2006 2007 2008 2009 Total
Transportation 11,220 2,804 1,521 2,599 2,768 1,853 22,765
Public Safety 80 240 9,745 200 200 200 10,665
Parks, Recreation 3,891 2,789 5,595 3,568 3,323 3,796 22,962
& Community Services
General Government 1,010 985 8,047 954 11,093 4,637 26,726
Utility Fund Projects 1,737 10,063 4,229 6,122 21,593 2,647 46,392
Total Projects 17,938 16,881 29,137 13,443 38,977 13,133 129,510
Not included in this plan:
Estimated $40,000,000 voted bond issue for Public Safety
TRANSPORTATION
2004-2009 CAPITAL IMPROVEMENT PROGRAM
AMOUNTS IN 000's
Total 2004 2005 2006 2007 2008 2009
Sources of Funds
Street Fund 8,715 1,320 1,804 1,521 1,399 1,468 1,203
i Reallocated Bond Proceeds 1,400 900 500
2 PW Trust Fund Loan 9,500 9,000 500
3 Other Funding Sources 3,150 500 700 1,300 650
Total Sources of Funds 22,765 11,220 2,804 1,521 2,599 2,768 1,853
Projects Funded
Corridors
2 228th Street Corridor 6,900 6,900
2 228th BNSF Grade Separation 2,600 2,100 500
Arterials
i 84th Avenue Pavement Rehabilitation 400 400
1 116th Ave Imp(256th-KK(SR516)) 1,000 500 500
Central Avenue Pavement Rehabilitation 500 500
Intersection &Road Improvements
Military &260th Intersection Improvement 500 300 200
3 Military&260th Intersection Improvement 500 200 300
124th&248th Signal 250 250
116th &248th Signal 250 250
3 72nd Avenue(196th-200th) 500 500
3 1-5 &277th Intersection Improvement 2,150 500 1,000 650
Other Improvements
Miscellaneous Asphalt Overlays 3,568 538 560 582 605 629 654
Slurry Seal Program 450 75 75 75 75 75 75
Sidewalk Rehabilitation and Installation 1,300 300 200 200 200 150 250
Neighborhood Traffic Control 225 75 75 75
City Wide Guardrail&Safety Improvement 180 30 30 30 30 30 30
Bike Paths 300 50 50 50 50 50 50
Kent Shuttle Service 210 30 35 35 35 35 40
Street Striping Program 532 87 89 89 89 89 89
Pavement Rating Survey 90 15 15 15 15 15 15
Signal Battery Backup 360 120 120 120
Total Projects Funded 22,765 11,220 2,804 1,521 2,599 2,768 1,853
OTHER GOVERNMENT PROJECTS
2004-2009 CAPITAL IMPROVEMENT PROGRAM
AMOUNTS IN 000's
Total 2004 2005 2006 2007 2008 2009
Sources of Funds
Capital Improvement Fund 2,530 345 460 465 420 420 420
From Central Services Fund 1,800 300 300 300 300 300 300
From Facilities Fund 2,924 445 465 640 434 573 367
i Councilmanic Bonds 30,137 16,387 10,000 3,750
Total Sources of Funds 37,391 1,090 1,226 17,792 1,154 11,293 4,837
Projects Funded
Public Safety
Police-Misc Equipment/Projects 500 100 100 100 100 100
Fire-Exhaust Extraction Systems 165 80 40 45
Fire-Misc Equipment/Projects 500 100 100 100 100 100
i Municipal Court 4,000 4,000
1 Fire-Breathing Apparatus Replacement 1,500 1,500
1 Fire-2 Engines& Ladder Truck 2,500 2,500
1 Police/Fire-Replacement Radios 1,500 1,500
Subtotal Public Safety 10,665 80 240 9,745 200 200 200
General Government
Facilities Lifecycle Repairs 600 100 100 100 100 100 100
Roof Repairs 628 90 75 200 39 185 39
Floor Covering Replacements 350 75 75 75 60 65
Facility Painting 360 55 55 60 60 65 65
Sealcoat Parking Lots 355 35 65 95 65 45 50
Miscellaneous Furniture 270 45 45 45 45 45 45
Centennial Center Upgrades 361 45 50 65 65 68 68
Replacement Desktop Computer Equip 1,800 300 300 300 300 300 300
Arbitrage Services 115 15 20 20 20 20 20
Advanced Manufacturing Study 50 50
Miscellaneous Projects 1,200 200 200 200 200 200 200
1 Campus Expansion Renovation 5,137 2,137 3,000
1 East Hill Maintenance Facility (25%) 7,000 750 6,250
1 Shops Renovations(75%) 4,500 750 3,750
1 Kent Station 4,000 4,000
Subtotal General Government 26,726 1,010 985 8,047 954 11,093 4,637
Total Projects Funded 37,391 1,090 1,225 17,792 1,154 11,293 4,837
PARKS,RECREATION AND COMMUNITY SERVICES
2004-2009 CAPITAL IMPROVEMENT PROGRAM
AMOUNTS IN 000's
Total 2004 2005 2006 2007 2008 2009
Sources of Funds
R E ET 2nd Otr 10,283 1,771 1,684 1,740 1,798 1,858 1,432
CIP Grant Matching/Land Acquisition 450 75 75 75 75 75 75
Fee-in-lieu 116 41 25 50
Youthfreen 425 285 140
Donations/Contributions 560 141 46 6 106 6 255
State Grant 10 10
IAC Grants 4,595 540 430 1,375 900 1,050 300
Block Grant 245 75 65 105
Conservation Futures Grant 2,140 250 40 500 500 850
Youth Sports King County Grant 150 50 50 50
Other Grants 800 300 500
Alternative Funding 1,050 200 200 650
Other Funding Sources 1,038 153 349 34 34 284 184
1 Councdmanic Bonds 1 100 1,100
Total Sources of Funds 22,962 3,891 2,789 5,596 3,668 3,323 3,796
Proiects Funded
Sports Fields
Service Club Ballfields 2,116 1,090 1,026
Wilson Playfields 906 151 151 151 151 151 151
East Hill Youth Sports Complex 300 300
Service Club Park Acquisition 1,000 1,000
Commons Playfield Renovations 1,151 101 1,050
Soccer Field Development 500 500
Park Development
r Kent Station Park Development 1,100 1,100
Clark Lake Land Acquisition 500 500
West Hill Park Development(Seattle Water) 715 15 700
Town Square Park 1,025 25 1,000
Clark Lake Development 2,080 380 400 1,300
228th Corridor Park/Trailhead (Russell Woods) 50 50
West Hill Amphitheater 80 10 70
Green River Corridor Acquisition 500 500
East Hill Park Land Acquisition 500 500
Kent Memorial Park Acquisition 1,000 1,000
Neighborhood Parks Development
East Hill"X"Park/Skate Park Development 941 941
GR Disabled Fishing Access/Boeing Tract C 100 100
Turnkey Park Acq& Parking Lot Development 85 85
Glenn Nelson Improvements-Field Renov 76 76
Clark Lake Management Plan 50 50
Eagle Creek Park Development 270 20 250
Van Doren's Park River Emergency Access 20 20
Off-Leash Park 20 20
Glen Nelson Urban Forestry 10 10
Botanical Garden 10 10
Panther Lake Neighborhood Park Acquisition 310 310
132nd Street Park Development 775 25 750
Rlverwalk/Rlvervlew Park Development 563 13 550
S 272nd St Neighborhood Park Development 676 90 586
International Parks Acquisition/Development 40 40
Kronisch Park Development 61 61
i
PARKS,RECREATION AND COMMUNITY SERVICES
2004-2009 CAPITAL IMPROVEMENT PROGRAM
AMOUNTS IN 000's
Total 2004 2005 2006 2007 2008 2009
Major Capital&Lifecycle Renovations
Life Cycle 1,650 275 275 275 275 275 275
Downtown Sidewalk Replacement/Gateway 180 90 90
Seven Oaks Park Improvements 75 75
Uplands Playfield Improvements 65 65
Demolition of Rental houses 75 50 25
Trails 54 9 9 9 9 9 9
Big Blue Mobile Computer Lab 85 85
Tudor Square Renovations 55 55
Pine Tree Park Improvements 619 19 600
Spnngwood Park Improvements 65 65
West Fenwick Renovations 353 35 18 300
Kiwams Tot Lot#1 Improvements 65 65
Van Doren's Park Improvements 51 51
Kent Memorial Park Renovations 151 1 150
Soccer Field Renovation 900 900
Planning-Architecture&Engineering
Grant Matching Funds for Land Acquisition 450 75 75 75 75 75 75
Adopt-A-Park 240 40 40 40 40 40 40
Architect/Engineering 150 25 25 25 25 25 25
Master Plans 60 10 10 10 10 10 10
Swimming Pool/Comm Center Feasibility Study 50 50
Planned Giving Program 33 33
Vandalism Prevention Program 6 6
Total Projects 22,962 3,891 2,789 5,595 3,568 3,323 3,796
. WATER,SEWER AND STORMWATER DRAINAGE
2004-2009 CAPITAL IMPROVEMENT PROGRAM
AMOUNTS IN 000's
Total 2004 2005 2006 2007 2008 2009
Sources of Funds
Water Fund 1,986 87 91 94 264 710 739
Water Fund-Tacoma Pipeline Reallocation 11,000 550 6,400 250 3,800
Drainage Utility Fund 6,760 900 1,510 1,650 1,450 1,250
Sewer Utility Fund 3,646 200 562 985 608 633 658
PW Trust Fund Loan 1,500 1,500
1 Utility Revenue Bonds 21,500 1,250 19,000 1,250
Total Sources of Funds 46,392 1,737 10,063 4,229 6,122 21,593 2,647
Projects Funded
General Protects
1 East Hill Maintenance Facility (75%) 20,000 1,250 18,750
i Shops Renovations (25%) 1 500 250 1,250
Total General Protects 21,500 1,250 19,000 1,250
Sanitary Sewer
Miscellaneous Sewer Replacements 3,246 200 562 585 608 633 658
Sewer Extension for Easthill Shop 400 400
Total Sanitary Sewer 3,646 200 562 985 608 633 658
. Stormwater Drainage Management
Horseshoe Acres Pump Station 10 10
Soos Creek Basin Improvements 4700 900 1,000 900 950 950
72nd Avenue (196th-200th) 500 500
1-5&277th Intersection Improvement 300 300
124th Ave&248th Street Improvement 250 250
BNSF Grade Separation 1,500 1,500
116th Ave Impr(256th to Kent Kangley) 1,000 500 500
Total Stormwater Drainage 8,260 900 3,010 1,650 1,450 1,250
Water Projects
Second Supply Payment 5,500 5,500
intertie Connection 650 650
East Hill Reservoir 2,350 2,350
Clark Spring HCP 300 300
Miscellaneous Water Improvements 31456 250 250 250 1,465 608 633
3-Year Lrg Mtr&Vault Replacement Frog 235 35 37 38 40 41 43
Update Kent's Water Comprehensive Plan 150 150
Hydrant Replacement Program 345 52 54 56 59 61 63
Total Water 12,986 637 6,491 344 4,064 710 739
Total Projects Funded 46,392 1,737 10,063 4,229 6,122 21,593 2,647
CITY OF KENT
FUTURE BOND ISSUES
October 31,2003
Bond lsaue Purpose 2002(3) 2003 2004 2005 2006 2007 2008 2009
COUNCILMANIC(LTGO)
Gan GoVt 1 TeCp Plan 2 (36m110yr) 2 000 000 3526,000
Gen GoVI 2 Campus ExpanslonfRenovalion 1,200 000 2 137 DOO 3000000
Gen Gov't East Hill Maintenance Facility(25%) 750 DDO 6 250 000
Gen Gott Stops Renovation(75%) 750,000 3,750,000
Gan GoVt Municipal Court Building 4 OOD,ODO
Gan Govt Saturday Market Building 662,389
Park 3 East Hill Sports Complex 1,800 ODD
Street 4 Kent Station Development 3700000
Gan Gov't 5 Kent Station Development 2,700 000
Park 6 Kent Station Park Land(municipal lot) 1 100 000
Street 7 Conafors/SbeetstTraffic 2200,000
Pubic Safety Fee_Breathing Apparatus 1 500000
Pubic Safety Fire-2 Fire Engines 6 Ladder Truck 2 500 DOO
Pubic Safety Police/Fire-Replacement Radios 1 500 000
Gen GoVt Kent Station 41(Taxable) 1 215 611
Gen Gov't Kant Station a2(Taxable) 4000,000
Gan Gov't Refunding LTGO 1992 2 114 000
Sub-Total 13 600 000 7 518 000 0 0 17,487 000 0 10 000,000 3 750 000
VOTED
Public Safety Pubic Safety Projects 40000 000
Sub-Total 0 0 0 0 0 0 0 400000D0
REVENUE
Utility East Hill Mamt Facility(75%) 1 250 000 18 750,000
Utility Stops Renovaton(25%) 250 OW 1 250 000
Sub-Total 0 0 0 0 1 250 000 0 19 000 000 1 250 D00
LID's
LID s Venous 1 363 439 1 255 ODD 13 000 000
Sub-Total 0 1 363 439 1 255 000 13 000 000 0 0 0 0
TOTAL FUTURE DEBT ISSUES 13 600 000 8 881 439 1 255 000 13 000 000 16 737 000 0 29 D00 000 45 000 000
CITY OF KENT
BOND CAPACITY
October 31,2003
1 5%of Less Future Bonded Debt Percent of Net Duel Percent of
Assessed Assessed Courtalmamc Counnlmana: Remaimig Capacity Remaining Capacity
valuation(1) Valuation Debt Debt Capacity Used Capacity(2) Used
01131/98 5 073,523 220 76 102 848 (45 545 206) 0 30 557 643 59 8% 44 067 543 42 1%
12f31 f99 6 468 731 941 97 030 979 (60 337 630) 0 36 693 349 62 2% 49 073 3,49 49 4%
06/301D0 6 468 731 941 97 030 979 (60 019 175) 0 37 011 804 61 9% 49 391 804 49 1%
12/31700 7 130 8B6 435 1 D6 963 297 (70 371 685) 0 36 591 612 65 8% 48 496 294 54 7%
12f31/Of 7 582 349 300 113 735 240 (74 956 930) 0 38 778 310 65 9% 49 999 827 56 0%
12/31/02 8 175 782 374 122 636 736 (04 174 531) 0 38 462,205 68 6% 48,967 212 60 1%
*12131103 8,690 469 982 130 357,050 (67 829 413) (7 516 000) 55 009 637 57 8% 64,754 450 50 3%
12131/04 8 994 636 431 134 919 546 (63 651 491) (6 287 000) 64 981,056 51 8% 73 956 056 45 2%
12/31/05 9 309 448 706 139 641 731 (59 583 042) (5 650 000) 74 408 689 46 7% 82 578 689 40 9%
1 WIM6 9 635 279 411 144 529 191 (55 309 091) (22 350 000) 66 062 100 53 7% 74 102 100 48 7%
12/31107 9 972 514,191 149 587 713 (51 206 140) (21 078 fi24) 77 222 949 48 4% 83 647 949 44 1%
12/31 M8 10 321 552 187 154 823 283 (47 256 022) (30 081 725) 77 485 535 50 0% 82 955 535 46 4%
12/31109 10 682 806 514 160 242 098 (43 078,868) (32 512 747) 84 650 483 47 2% 89,170 483 44 4%
12/'31/10 11 056 704 742 165 850,571 (39 276 479) (31 023 468) 95 548 624 42 4% 99058624 40 3%
(1)Assessed vat om for 20031s an esbrhate Amounts for 2004 forward assume assessed valuation increases at 2 0 perrant par year wow estimated
inflation plus 1 5%for new mnabucbon
(2)TOW a ndurad by Enterprise Furid Debt that is Supported by Gall and Drainage Furals
(3)Data isswnrua for 2002 am aaiuded tar the Courlalnan¢Debt totals rnsmad of FWum Counalmana;Debi siMe bay he.been,.Sued
'Artnunfe do rat mdude debt rasuance or bond rsaarrca woor
CONSENT CALENDAR
6. City Council Action: �� ) �
Councilmember Utz U rd moves, Councilmember
seconds to approve Consent Calendar Items A through-Y� _ g �iY
i A oj
c
1" �ro
Discussion
Action s
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of November 18, 2003.
6B. Approval of Bills.
Approval of payment of the bills received through November 14 and paid on
November 14 after auditing by the Operations Committee on November 18, 2003.
Approval of checks issued for vouchers:
Date Check Numbers Amount
11/14/03 Wire Transfers 1549-1560 $1,028,635.58
11/14/03 Prepays & 555550 419,876.65
11/14/03 Regular 556131 984,981.01
$21433,493.24
Approval of checks issued for pa roll for October 16 through October 31 and paid on
November 5, 2003:
Date Check Numbers Amount
11/5/03 Checks 273525-273813 $ 230,157.19
11/5/03 Advices 155305-155961 1,177,875.92
$1,408,033.11
Council Agenda
Item No. 6 A-B
•
KEN T Kent City Council Meeting
W A 5 N I N G T O N November 18, 2003
The regular meeting of the Kent City Council was called to order at 7.00 p m. by Mayor White.
Councilmembers present. Clark, Epperly, Orr, Peterson, White, Woods and Yingling (CFN-198)
CHANGES TO AGENDA
A From Council, Administration or Staff. (CFN-198) Executive Session was added by
Martin Consent Calendar Item R was removed by Councilmember Peterson.
B From the Public. (CFN-198) Continued Communication Items A, B and C were added at the
request of citizens.
PUBLIC COMMUNICATIONS
A Mavor's 2004 Budget Presentation. (CFN-198) Mayor White gave his annual budget
presentation, noting that the 2004 budget brings the city staff per capital ratio to its lowest point in
decades, protects public safety and other important services, and acknowledges the devastating
effect of the recession and Initiative 776
B Economic Development Update. (CFN-198) Nathan Torgelson presented the monthly
update of economic development in the city.
C Introduction of Appointees. (CFN-198) Mawr White introduced Dr Natalie Ellington, his
appointee to the Independent Salary Commission, and noted that Jay Thornton is his re-appointee
to the Kent Arts Commission.
PUBLIC HEARINGS
A 2004 Annual Budget (Second Hearing). (CFN-186) This date has been set for the second
hearing on the 2004 budget
B. Capital Improvement Plan 2004-2009 (Second Hearing). (CFN-77-)) This is the second
and final public hearing on the 2004-2009 Capital Improvement Plan The Capital Improvement
Plan includes all capital expenditures for the next six years as described in the Comprehensive
Plan and is updated and incorporated into the Capital Facilities Element of the Comprehensive
Plan on an annual basis
C. 2003 Tax Lew for 2004 Budget. (CFN-104) This date has been set for the public hearing on
the 2003 Tax Levy for the 2004 Budget
CONSENT CALENDAR
WOODS MOVED to approve Consent Calendar Items A though S, with the exception of Item R
which was removed from the agenda by Council member Peterson Orr seconded and the motion
carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular meeting of November 4, 2003,
were approved.
B Approval of Bills. (CFN-104) Payment of the bills received through October 31 and paid on
October 31 after auditing by the Operations Committee on November 4, 2003 were approved
I
Kent City Council Minutes November 18, 2003
Approval of checks issued for vouchers-
Date Check Numbers Amount
10/31/03 Wire Transfers 1535-1548 S 993,541.79
10/31/03 Prepays & 554825 983,113 08
10/31/03 Regular 555549 2,742,242 46
S4,718,897.33
C Government Relations Services Contract. (CFN-1216) The 2003 Government Affairs
contract with Doug Levy of Outcomes by Levy was approved.
D. Resolutions Authorizing Three Applications to Interagencv Committee for Outdoor
Recreation Grants. (CFN-I 18) Resolution Nos. 1658, 1659, and 1660,which authorize the
Parks, Recreation, and Community Services Director to make formal application to the
Interagency Committee for Outdoor Recreation for funding assistance to make facility
improvements at Glenn Nelson Park and to assist in financing the cost of facility maintenance at
Kent Memorial Park and Uplands Playfield were adopted
E. Linda Johnson Memorial Donation. (CFN-104) $1,600 00 from the Kent Downtown
Partnership for a memorial bench to honor Linda Johnson, a former president of the Kent
Downtown Partnership and a civic leader who devoted much of her life to the betterment and
improvement of downtown Kent was accepted.
F. Sale of Properties at Meadow Ridge Short Plat. (CFN-239) The Public Works Director
was authorized to commence procedures to sell the properties at the southeast quadrant of S.E.
2741h Street and 108`h Avenue S E
G Washington State Department of Transportation Participation Agreement for Pacific
Highwav North Phase. (CFN-1271) The Mayor was authorized to sign a Participation
Agreement with Washington State Department of Transportation in the amount of S77,000 for the
design of the North Phase Pacific Highway South HOV Lanes Asphalt Concrete Overlay upon
approval by the Public Works Director and the City Attorney, and to establish a budget
H. Interlocal Agreement with Soos Creek Water and Sewer District. (CFN-1038) The
Mayor was authorized to sign an Interlocal Agreement with Soos Creek Water and Sewer District
for provision of water and sewer service by the District within the City subject to the Public
Works Director's and the City Attorney's approval.
I. Boeing and Mill Creek Improvements. (CFN-1038) The Boeing & Mill Creek
Improvements Project was accepted as complete and release of the retainage to SCI Infrastructure,
LLC, upon standard releases from the state and release of any liens was authonzed
J. 2003 Traffic Striping Project . (CFN-1282) The 2003 Traffic Striping project was accepted
as complete and release of the retainage to Stripe Rite, Inc , upon standard releases from the state
and release of any liens was authorized.
K. COPS Homeland Security Grant. (CFN-122) The COPS Homeland Security Overtime
Program grant award in the amount of S51,252 for the Kent Police Department was accepted, and
2
Kent City Council Minutes November 18, 2003
establishment of budget documents for additional overtime for officers working in activities
focused on homeland security and violent and drug-related cnmes was authorized
L. Consolidated Food Services Contract. (CFN-122) The contract with Consolidated Food
Management for the period of 1/1/2004 through 12/31/2004, without going out to contract bid,
was authorized
M Target Grant For DVD Camera. (CFN-122) The grant award from Target in the amount of
S1,375 to purchase audio/video equipment was accepted.
N. Mn2 Countv Public Health Youth Conference Grant. (CFN-122) The Public Health —
Seattle & King County mini-grant in the amount of$4,000 to support the 2003 Youth Conference
sponsored by the Kent Police Department was accepted, and establishment of budget documents
was authorized
O King Countv Youth Conference Grant. (CFN-122) The King County mini-grant in the
amount of S1,200 to support the 2003 Youth Conference sponsored by the Kent Police
Department A as accepted, and establishment of budget documents was authorized
P. Occupational Health Services (OHS) Contract Extension. (CFN-122) The"Addendum
Five and Extension to Contract for Services" N�rth Occupational Health Services for the period
from January 1, 2004 through June 30, 2004 for certain required medical services to the inmates of
City of Kent Corrections Facility was approved
Q. Reappointment to Kent Arts Commission. (CFN-839) The Mayor's re-appointment of Jay
Thornton to continue serving as a member of the Kent Arts Commission and his new appointment
will continue until 10/31/2007 was confirmed
S Appointment to Independent Salary Commission. (CFN-1274) The Mayor's appointment
of Dr Natalie E Ellington to serve as a member of the Independent Salary Commission was
confirmed
OTHER BUSINESS
A 2003 Annual Comprehensive Plan Land Use and Zoning Map Amendments.
(CFN377&131) At the Land Use and Planning Board's public hearing on October 27, 2003, they
recommended approval of the Cofield request for higher density residential, and denial of the
Lotto and City of Kent Parks Department requests for changes from residential to commercial
Bill Osborne of the Planning Services Office noted receipt of correspondence from Barghausen
Consulting Engineers regarding the Lotto amendment and from Marlene Kelly regarding both the
Lotto and Parks amendments WOODS MOVED to make the letters part of the public record
Epperly seconded and the motion carried Osborne explained the three proposals and the criteria
used to making the recommendations He concluded by noting that staff recommends conditional
approval of the Cofield proposal, dental of the Lotto proposal, and approval of the Parks proposal.
ORR MOVED to approve the Land Use and Planning Board recommendation of approval of the
Cofield Amendment with the condition that approval is contingent upon completion and recording
of storm water and open space tracts on the subject site with the City of Kent Woods seconded
and the motion carried
3
Kent City Council Minutes November 18, 2003
ORR MOVED to approve the Land Use and Planning Board recommendation of denial of the
Lotto Amendment. Woods seconded. After brief comments from White and Yingling, the motion
carried with White opposed. Later in the meeting, Eric LaBne of Barghausen Consulting
Engineers, stated that he had described their proposal regarding the Lotto property at the Land Use
and Planning Board meeting, and reiterated their willingness to work with the City as to size.
ORR MOVED to modify the Land Use and Planning Board recommendation of denial of the City
of Kent Parks Department Amendment, and approve the requested zoning change subject to the
following conditions.
1. that if the private individual who proposed to develop a senior onented park and asked for a
few months to do so is able to demonstrate that that will happen and that the park will be owned
and operated by that private entity and remain a public park in perpetuity by no later than
March 15, 2004, the property zoning would not change, it would remain single family, and
2. that if that proposal fails, the zoning change would be granted effective March 16,2004
Woods seconded Orr explained the reasons for her motion, noting that if opposition to the
original plan becomes such that the City is unable to do that, the second condition would provide
citizens the best possible return for their investment Clark offered a friendly amendment that if
there were an alternative park project, it would be subject to a Council vote. Orr and Woods
agreed
After a lengthy discussion by Council members involving rezoning, funding, alternative sites,
deadlines and so forth, the following people spoke in opposition to rezoning the Parks property
and building a skate park there.
Elizabeth Page, 24121 116ih .Avenue SE, Apt 122; Pierre Travis, 11305 SE Kent Kangley Road,
Harold Armstrong, 24121 116ih Avenue SE, Apt 201, Russ Hanscom, 24121 116`h Avenue SE;
Bob O'Brien, 1131 Seattle St , Ted Nixon, 911 E Temperance St , Ted Kogita, 22527 Reith Road,
George Hutchison, 11224 SE 320" St , Auburn, Steven Yates, owner of Arbor Village; Martin
P1ys, 3004 S. 256; Ann Larson, 24509 128ih Place SE.
Eric LaBrie of Barghausen Consulting Engineers, 18215 72nd Avenue South, pointed out that this
item could be remanded to the Hearing Examiner
After further discussion by Council members, upon a roll call vote, Orr's motion to modify the
recommendation of denial of the City of Kent Parks Department Amendment subject to three
conditions passed with Clark, Epperly, Orr and Woods in favor, and Peterson, White and Yingling
opposed.
REPORTS
G. Administrative Reports. (CFN-198) Martin stated that the Executive Session relating to
property disposition will last approximately ten minutes and that no action afterward is expected.
CONTINUED COMMUNICATIONS
A. Kent Station. (CFN-171) Bob O'Brien, 1131 Seattle St., urged the Council to move forward
on a contract with the developer.
4
Kent City Council Minutes November 18, 2003
B. Independent Salary Commission. (CFN-1274) Ted Kogrta, 25227 Reith Road, questioned
isthe residence of the last appointee to the Commission Mayor White responded with the
information
C City Property. (CFN-239) Martin Plys, 3004 S 256, suggested selling the Borden Property
and the Kent Market, in light of budget problems
EXECUTIVE SESSION
(CFN-198) The meeting recessed to Executive Session at 9 05 p m , and reconvened at 9 25 p m
ADJOURNMENT
(CFN-198) At 9 25 p m , WOODS MOVED to adjourn Orr seconded and the motion camed
X&Z-4'�
Brenda Jacober, C IC
City Clerk
s
5
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: KENT REPORTER CONTRACT — APPROVE
2 SUMMARY STATEMENT: As recommended by the Operations Committee,
approve and authonze the Mayor to sign the 2004 Kent Reporter Contract.
The City of Kent began publishing the Kent Connections City Newsletter in the Kent
Reporter in 1998. The content and design are completed in-house and forwarded to the
Kent Reporter for publication and distribution.
3. EXHIBITS: Memorandum and contract
4. RECOMMENDED BY: Operations 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. 6C
ADMINISTRATION
Mike H Martin,
Chief Administrative Officer
Phone 253-856-5710
�f KENT Fax 253-856-6700
w" "'"�' " Address 220 Fourth Avenue S
Kent WA 98032-5895
DATE December 2, 2003
TO Kent City Council
FROM Dena Laurent, Assistant Chief Administrative Officer
THROUGH Mayor Jim White
SUBJECT 2004 Kent Reporter Contract for City Kent Connections Newsletter
ACTION:
Placed on the December 9, 2003 City Council Consent Agenda for adoption based on
3-0 recommendation from December 2, 2003 Council Operations Committee.
Motion: I move to approve the 2004 Kent Reporter Contract for the purposes of
publishing the City of Kent newsletter.
SUMMARY:
Please find attached a 2004 contract for publication of the Ctty's "Kent Connections" one-
page newsletter in the Kent Reporter
The City of Kent began publishing the Kent Connections City Newsletter in the Kent
Reporter in 1998 The content and design are completed in-house and forwarded to the
Kent Reporter for publication and distribution
Today, the Kent Reporter is typically distributed to 68,000 Kent area addresses Council
and community feedback on the newsletter has been positive and we recommend
continuing the newsletter in 2004 We have included a total project cost of$52,000 in the
2004 Preliminary Budget
If you have any questions, please do not hesitate to contact me at 856-5708
RECOMMENDED BY: Staff
BUDGET IMPACT: 2004• Not to exceed $52,000 and included in the 2004 Mayor's
Budget to Council
AGREEMENT
. The CITY OF KENT and the KENT REPORTER agree to the following
The City of Kent agrees to purchase display advertising in the Kent Reporter for the purpose of
producing a City newsletter(Kent Connections)for the citizens of Kent, at a minimum frequency of once each
month, and,the Kent Reporter agrees to publish and distribute at least one edition each month during the term
of this agreement
The term of the agreement shall cover the Kent Reporter issues of January 2004 through December
2004 Either party may terminate this agreement upon 30 days written notice
The City of Kent agrees to purchase from the Kent Reporter one full page (equivalent to 65 column
inches at$19 92 per column inch) at a monthly rate of$1,294 80 This price will include printing in black ink
plus one extra spot color, the color to be determined by the Kent Reporter, in coordination with the City of
Kent Full color maybe purchased for use in the ad at a cost of$125, per issue The page shall be placed as
far forward in the editions in which the City newsletter appears as possible, unless an alternate location is
agreed to by both the City of Kent and the Kent Reporter
The City of Kent will have full control overthe name, editorial content, and layout of the City newsletter,
and will provide the Kent Reporter with camera ready or electronic copy of the newsletter for production
purposes In each edition of the Kent Reporter that includes the City newsletter, the Kent Reporter will provide
the City of Kent with a front page teaser indicating that the City newsletter is included inside the newspaper
The City of Kent and the Kent Reporter will mutually review and determine postal carrier routes for the
publication's delivery This review shall ensure that the entire incorporated boundary of the City of Kent
receives the publication These routes may be updated monthly as needed to accommodate changes in the
City's incorporated boundaries The City of Kent will provide the Kent Reporter with pictures that are to be
included in the City newsletter and the Kent Reporter will provide any scanning of half tones that may be
needed
The Kent Reporter agrees to direct mail 28,000 copies of the Kent Reporter to residents within the Kent
city limits Additional copies will be produced and mailed at a marginal cost of$240 per 1,000 copies Five-
hundred additional copies will be delivered to the City of Kent for the City's use at no extra cost The Kent
Reporter also agrees to provide the City of Kent with certification from the post office verifying the number of
copies mailed when requested by city officials
CITY OF KENT KENT REPORTER
220 4th Avenue South King County Journal Newspapers
Kent, WA 98032-5895 600 South Washington Avenue
Kent, WA 98032-5707
Mayor Jim White Name
Date Date
Attest Kent City Clerk
. APPROVED AS TO LEGAL FORM:
Kent City Attorney
P,Cm I IFI L ES Ope nFtles\0216-2003\KentRepole 2004 Contract coc
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: GRANT FROM STATE OF WASHINGTON DEPARTMENT OF
HEALTH, OFFICE OF EMERGENCY MEDICAL AND TRAUMA
PREVENTION—ACCEPT
2. SUMMARY STATEMENT: Accept the grant funds received from the State of
Washington and apply the funds toward the purchase of Acu-check Glucometers.
Since 1998, This grant has been received from the State of Washington Department of
Health, Office of Emergency Medical and Trauma Prevention.
The purpose of these funds, provided through the Trauma Care Fund, is to assist our
agency with meeting requirements to provide trauma care services to the public as a
verified EMS and Trauma Prehospital service.
These funds will be used to purchase Pelican Boxes, which will be used for aid kits on
• our apparatus.
3. EXHIBITS: None
4. RECOMMENDED BY: Fire Chief Schneider and Public Safety Committee (3-0)
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: Revenue of S1,200.00
SOURCE OF FUNDS: Grant funds
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION:
Council Agenda
Item No. 6D
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: VEHICLE AND EQUIPMENT SURPLUS AND SALE— APPROVE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization to declare the equipment and vehicles no longer needed by the City as
surplus and authorize staff to appropriately dispose of the equipment as described and
listed in the memorandum.
3. EXHIBITS: Public Works Director memorandum and list of surplus equipment
• 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. 6E
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
Phone 253-856-5500
Fax 253-856-6500
K E N T Address 220 Fourth Avenue S
W A S H I N G T G N
- -- Kent WA 98032-5895
DATE: November 12,2003
TO: Mayor White and Kent City Council
FROM: Don Wickstrom, Public Works Director
THROUGH
SUBJECT: Vehicle and Equipment Surplus
MOTION:
Recommend that the City Council authorize staff to appropriately dispose of the
equipment as described in this memorandum and listed below.
SUMMARY:
The listed vehicles/equipment comply with current replacement policy guidelines and have been
replaced The equipment will be sold at auction or sold to smaller cities
BUDGET IMPACT
The monetary returns from the auction will be incorporated into the fleet internal services reserve
fund This is a positive budget impact
BACKGROUND:
Vehicle/Equipment List
3106 1993 Ford Aerostar Cargo Van, s/n 1FTDAI4U6PZB65381, 82316 miles, This
vehicle was replaced and removed from service on 9/11,03 The vehicle has a work order history
of repeated electrical problems and customer dependability complaints
3148 Kawasaki Police Motorcycle, s/n JKAKZCP26PB512106, 16,931 miles This vehicle
was totaled in an accident on 9/3/03 and removed from service
5383 1993 Chevrolet,Vactor, Sewer Cleaning Truck, s/n 1GBT7H4J8PJ t04724, 127,688
miles This truck was replaced in 2002 but has remained in active service in the storm utility
section of Public Works Operations Division Costs and maintenance hours needed to keep this
vehicle in service are continuing to escalate We will watch for opportunities to sell this vehicle
while some reasonable value remains
5391 1987 Kamatsu, FG20T Forklift, s/n 4087-6872F, 2,275 hours This vehicle was
replaced and removed from active service in 2002 It has been borrowed and used for various
purposes throughout the city over the past several months but it is no longer dependable
Mayor White and Kent City Council 1 Surplus Whicle/ cluipment
December 1,2003
8720 1995 Ford, S31 Superclub, s/n 1FBJS31H7SHB91154, 91,713 miles After this vehicle
was replaced and removed from active service with the senior center it was reassigned to the
motor pool The vehicle has again been removed from service due to an internal engine failure
Mayor White and Kent City Council 2 Surplus Vehicle/Equipment
December 1,2003
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: 2004 KENT LODGING ASSOCIATION CONTRACT AND
BUDGET— APPROVE
2. SUMMARY STATEMENT: As recommended by the Operations Committee,
approve and authorize the Mayor to sign the 2004 Kent Lodging Association contract
and approve the budget allocation of$31,670.
The Kent Lodging Association uses City lodging tax dollars to maintain a website,
answer 1-800 calls, place advertising in tourism brochures and distribute the existing
Kent Lodging Association brochure.
3. EXHIBITS: Memorandum and contract
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. 6F
171
ADMINISTRATION
Mike H Martin,
Chief Administrative Officer
Phone 253-856-5710
Fax 253-856-6700
Address 220 Fourth Avenue 5
9 Kent, WA 98032-5895
KENT
W.5H MEMORANDUM
DATE December 2, 2003
TO Kent City Council Operations Committee
THROUGH Mayor Jim White
FROM Nathan Torgelson, Economic Development Manager
• SUBJECT 2004 Kent Lodging Association Contract and Budget
Attached please find a 2004 contract, budget and scope of work for the Kent Lodging
Association The contract calls for a budget of $31,670 The Kent Lodging Association
uses City lodging tax dollars to maintain a website, answer 1-800 calls, place
M advertising in tourism brochures and distribute the existing Kent Lodging Association
brochure
If you have any questions, please contact me at 856-5703
172
CONTRACT FOR SERVICES
BETWEEN THE CITY OF KENT AND KENT CHAMBER OF COMMERCE
THIS CONTRACT is made by and between the CITY OF KENT,a Washington municipal
corporation (hereinafter the "City"). and KENT CHAMBER OF COMMERCE, a Washington
non-profit corporation (hereinafter the "Kent Chamber")
RECITALS
1 It is the City's intent to increase occupancy at Kent hotels and motels, to promote
Kent as a site for corporate meetings and events,and to promote tourism opportunities in Kent The
City desires that Kent Chamber perform certain services to assist the City in this program
2 Kent Chamber shall create and implement a promotion campaign for the Kent
Lodging Association
NOW,THEREFORE,in consideration of the mutual promises set forth herein,it is agreed by
and between the parties as follows
I. DESCRIPTION OF WORK
1 1 Kent Chamber shall perform the work described in the Scope of Services attached
hereto as Exhibit"A" and incorporated herein by this reference
11. PAYMENT
2 1 The City shall pay Kent Chamber an amount not to exceed $31,670 00 during the
duration of this Contract(January 1,2004 through December 31, 2004) for the services performed
as set forth in Exhibit"A " This is the maximum amount to be paid for the services contemplated in
Section I of this Contract,and such amount shall not be exceeded without prior written authorization
of the City in the form of a negotiated and executed Addendum to this Contract
22 The payment of funds to the Kent Chamber as established in this Contract shall be
made on or following the dates set forth below follow ing appropriate documentation of the work
performed pursuant to the work schedule set forth in Exhibit "A"as follows
a Payment of$26,670 00 upon the execution of this Contract, and
CONTRACT FOR SERVICES BETWEEN THE CITY
OF KENT AND KENT CHAMBER OF COMMERCE- I (November 25 200J)
173
b $5,000 00 upon completion of the contract, as set forth in Exhibit"A," and
following submittal of a final report on or before December 31, 2004
It is understood that most of the work performed by the Kent Chamber is performed during
the early part of the contract term and that significant costs are incurred during this time,therefore,
the parties have agreed to the payment structure as set forth herein Final payment of funds are
subject to satisfactory documentation of the completion of work schedules set forth in Exhibit"A"
corresponding to the payments to be made by the City
23 The Kent Chamber of Commerce shall submit a written final report as set forth in
Section 2 2 above to the City. In addition, the Kent Chamber of Commerce shall provide status
reports at each City of Kent Lodging Tax Advisory Committee meeting.
24 The City, or its authorized representative, shall have the authority to inspect,audit,
and copy on reasonable notice and from time to time any records of Kent Chamber regarding its
billings,payments,or work under this Contract to verify matching funds and expenditures made for
the work performed herein.
2.5 In the event the Scope of Services is modified or changed so that more or less work or
time is required by Kent Chamber, and such modification is reached by mutual agreement of the
parties to this Contract, the payment for services and maximum Contract amount shall be adjusted
accordingly
III. DURATION OF WORK 1
The City and Kent Chamber agree that work will begin on the services described in Section I
herein on upon execution of this Contract and shall continue until December 31, 2004, unless this
Contract is earlier terminated as provided for herein.
IV. TERMINATION
4.1 Funding Limited. if the City receives reimbursement by any federal, state,or other
source for the services described in Section I herein, and that funding is withdrawn, reduced, or
limited in anyway, the City may summarily terminate this Contract Termination shall be effective
ten (10) calendar days after Kent Chamber's receipt of the written notice by certified mail In the
event of termination,the City shall pay for all services performed by Kent Chamber to the effective
CONTRACT FOR SERVICES BETWEEN THE CITY
OF KENT AND KENT CHAMBER OF COMMERCE-2 (November25.1003)
174
date of tenmination, as described in a final report submitted to the City After termination,the City
may copy all records and data within Kent Chamber's possession pertaining to the services described
in Section 1,which may be used by the City without restriction and without liability or legal exposure
to Kent Chamber
42 Termination for Failure to Prosecute Work or to Complete Work Satisfactorily If
Kent Chamber refuses or fails to prosecute the work with such diligence as will ensure its completion
within the time frames specified herein,or as modified or extended as provided in this Contract,then
the City may, by written notice to Kent Chamber, give notice of its intention to terminate the Kent
Chamber's right to proceed with the work On such notice, Kent Chamber shall have ten (10)
calendar days to cure,to the satisfaction of the City or its representative, or the City shall send Kent
Chamber a written termination letter which shall be effective upon Kent Chamber's receipt of the
written notice by certified mail or personal delivery
43 Rights Upon Termination In the event of termination, the City shall pay for all
services performed by Kent Chamber to the effective date of temunation, as described on a final
invoice submitted to the City After termination,the City may take possession of all records and data
within Kent Chamber's possession pertaining to this project which may be used by the City without
restriction
V. RELATIONSHIP OF PARTIES
The parties intend that an independent contractor-employer relationship v,ill be
created by this Contract No agent, employee, representative, or sub-contractor of Kent Chamber
shall be or shall be deemed to be the employee, agent,representative,or sub-contractor of the City
Kent Chamber will control and direct the performance and details of its services The City is
interested only in the results obtained under this Contract None of the benefits provided by the City
to its employees, including, but not limited to, compensation, insurance, and unemployment
insurance are available from the City to the employees, agents,representatives,or sub-contractor of
Kent Chamber Kent Chamber will be solely and entirely responsible for its acts and for the acts of
Kent Chamber's agents, employees,representatives, and sub-contractors during the performance of
this Contract, The City may,during the term of this Contract,engage other independent contractors
to perform the same or similar work that Kent Chamber performs hereunder
CONTRACT FOR SERVICES BETWEEN THE CiTY
OF KENT AND KENT CHAMBER OF COMMERCE-3 (November25 1003)
175
0
VI. DISCRIMINATION
In the hiring of employees for the performance of work under this Agreement or any sub-
contract hereunder, the Consultant, its sub-contractors, or any person acting on behalf of such
Consultant or sub-contractor shall not,by reason of race,religion,color, sex,national origin,or the
presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates.
Consultant shall comply with City Administrative Policy 1 2, Minority and Women
Contractors, a copy of which is attached hereto as Exhibit`13 "
VII. INDEMNIFICATION
Kent Chamber shall defend, indemnify and hold the City, its officers, officials,employees,
agents and volunteers harmless from any and all claims,injuries,damages,losses or suits,including
all legal costs and attorney fees, arising out of or in connection with the Kent Chamber's
performance of this Contract,except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Kent Chamber's work when completed shall
not be grounds to avoid any of these covenants of indemnification
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Kent Chamber and
the City, its officers, officials, employees, agents and volunteers, the Kent Chamber's liability
hereunder shall be only to the extent of the Kent Chamber's negligence
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE KENT CHAMBER'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,TITLE 51 RCW,SOLELY FOR
THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER
CONTRACT FOR SERVICES BETWEEN THE CITY
OF KENT AND KENT CHAMBER OF COMMERCE-4 (November25.2003)
176
The provisions of this section shall survive the expiration or termination of this Agreement
VIII. INSURANCE
Kent Chamber shall procure and maintain for the duration of the Contract,insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the services hereunder by Kent Chamber, its agents, representatives,employees,or
sub-contractors Before beginning work on the project described in this Contract, Kent Chamber
shall provide a Certificate of Insurance evidencing
1 Commercial General Liability insurance written on an occurrence basis with hoots no
less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal
injury, bodily injury and property damage Coverage shall include but not be limited to blanket
contractual, products/completed operations/broad form property damage, explosion, collapse and
underground(XCU) if applicable, and employer's liability, and
2 Professional Liability insurance with limits no less than $1.000,000 limit per
I occurrence
Any payment of deductible or self-insured retention shall be the sole responsibility of Kent
Chamber
The City shall be named as an additional insured on the Commercial General Liability
insurance policy,with respect to the services performed by or on behalf of Kent Chamber and a copy
of the endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance The City reserves the right to receive a certified copy of all the required insurance
policies
Kent Chamber's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability
Kent Chamber's insurance shall be primary insurance as respects the City and the City shall
be given thirty (30) days prior written notice by certified mail, return receipt requested, of any
cancellation, suspension or material change in coverage
CONTRACT FOR SERVICES BETWEEN THE CITY
OF KENT AND KENT CHAMBER OF COMMERCE-5 (November25 1003)
IX. ENTIRE AGREEMENT
The written provisions and terms of this Contract,together with any Exhibits attached hereto,
shall supersede all prior verbal statements of any officer or other representative of the City,and such
statements shall not be effective or be construed as entering into or forming a part of or altering in
any manner whatsoever,this Contractor the Contract documents The entire agreement between the
parties with respect to the subject matter hereunder is contained in this Contract and any Exhibits
attached hereto All of the above documents are hereby made a part of this Contract and form the
Contract documents as fully as if the same were set forth herein
X. MODIFICATION
No waiver, alteration, or modification of any of the provisions of this Contract shall be
binding unless in writing and signed by a duly authorized representative of the City and Kent
Chamber
XI. ASSIGNMENT
Any assignment of this Contract by Kent Chamber without the written consent of the City
shall be void If the City shall give its consent to any assignment, this paragraph shall continue in
full force and effect and no further assignment shall be made without the City's consent
XII. WRITTEN NOTICE
All communications regarding this Contract shall be sent to the parties at the addresses set
forth below, unless notified to the contrary Any written notice hereunder shall become effective
upon personal service or upon the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Contract or such other
address as may be hereafter specified in writing
CITY OF KENT KENT CHAMBER OF COMMERCE
Nathan Torgelson Marcelle Pechler
Economic Development Manager Executive Director
City of Kent Kent Chamber of Commerce
220 Fourth Ave S. 524 West Meeker St , #H-1
Kent, WA 98032 Kent, WA 98035-0128
CONTRACT FOR SERVICES BETWEEN THE CITY
OF KENT AND KENT CHAMBER OF COMMERCE-6 (November 23,2003)
178
XI11. NON-WAIVER OF BREACH
The failure of the City to insist upon strict performance of any of the covenants and
agreements contained herein, or to exercise any option herein conferred in one or more instances
shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be and remain in full force and effect
XIV. RESOLUTION OF DISPUTES
If any dispute arises between the City and Kent Chamber under any of the provisions of this
Contract,jurisdiction of any resulting litigation shall be filed in King County Superior Court, King
County,Washington This Contract shall be governed by and construed in accordance with the laws
of the State of Washington Each party shall be solely responsible for its costs, expenses, and
attorney's fees incurred in any litigation arising out of the enforcement of this Contract
XV. DUPLICATE ORIGINALS
This document is executed in duplicate originals
IN WITNESS WHEREOF,the parties have executed this Contract on the day and year first
above written
CITY OF KENT KENT CHAMBER
By By
Its Its
Date Date
APPROVED AS TO FORM:
Tom Brubaker, Kent City Attorney
CONTRACT FOR SERVICES BETWEEN THE CITY
OF KENT AND KENT CHAMBER OF COMMERCE-7 (November25,2003)
179
EXHIBIT"A'
Kent Lodging Association
2004 Scope of Services and Budget
Web ells
Hosting �---- -- - - - -- $ —— 600
Content administration _ ____ _ _ __I$___ 3,400
Search_engine m_arkenng_ _ _ $ _ 3,600
Subtotal $ 7,600
Indivldual Traveler Collateral(Motel Brochures_ ___
Postage_ 100
Subtotal _ _$ _ 100
Meeting Planner
150
_
_
Postage_ _ _-- - — --- - --� -- -TS__ 100
Subtotal f__ I —- — — t$_ _ 250
Advertising______ ____---
2005 WA Stale Visitors Guide _ _ _ $_
Toll tree number @$0 10/inn �$ 100
Subtotal $ 2,600
Tourism Services
_Staff Time Tourism_Related calls inquiries,
updating webslte,attending KLA and advisory board mtgs
Payroll_ $ 720
Benefits ---- -- --- ---- --- $ - --1 900
Admin O/H(Office supplies utilities office space,etc) $ _ 10,500
Subtotal $ 21,120
Total _ _ _ _ $ 31,670
180
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As
such all contractors,subcontractors and suppliers who perform work with relation to this Agreement
shall comply with the regulations of the City's equal employment opportunity policies
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative
response is required on all of the following questions for this Agreement to be valid and binding If
any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement,
The questions are as follows
1 I have read the attached City of Kent administrative policy number 1 2
2 During the time of this Agreement 1 will not discriminate in employment on the basis of sex,
race,color,national origin,age,or the presence of all sensory, mental or physical disability
3 During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer
4 During the time of the Agreement 1, the prime contractor, will actively consider hiring and
promotion of women and minorities
5 Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prone Contractor, that the Prime Contractor complied with the requirements as set forth
above
By signing below, I agree to fulfill the five requirements referenced above
Dated this day of 200
By
For
Title
Date
EEO DOCUMENTS- I
(Contract bhvn Kent Chamber and Cnj) (November 25, 2003)
181
0
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER- 12 EFFECTIVE DATE. January 1, 1998
SUBJECT. MINORITY AND WOMEN SUPERSEDES April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer
2. Actively consider for promotion and advancement available minorities and women
An contractor, subcontractor, consultant or supplier who willfully disregards the Ci 's
Y PP Y g ty
nondiscrimination and equal opportunity requirements shall be considered in breach of contract and
subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments
I Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO DOCUMENTS-2
(Contract btwn Kent Chamber and City) (November 25, 2003)
182
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement
I, the undersigned, a duly represented agent of Gm ary,
hereby acknowledge and declare that the before-mentioned company was the prime contractor for
the Agreement known as that was entered into on the_
(date) between the firm I represent and the City of Kent
1 declare that I complied fully with all of the requirements and obligations as outlined in the City of
Kent Administrative Policy 1 2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement
Dated this day of 200_
By
For
Title
Date
EEO DOCUMENTS-3
(Contract btwn Kent Chamber and City) (November 25, 2003)
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: S. 248TH STREET IMPROVEMENTS, (94TH AVENUE S. — 100TH
AVENUE SE) PROJECT—ACCEPT AS COMPLETE
2 SUMMARY STATEMENT: As recommended by the Public Works Director,
authorization to accept as complete the S. 248th St. Improvements project and to release
the retainage to R.W. Scott Construction upon standard releases from the state and
release of any liens. The original contract amount was $723,495.96. The final contract
amount was $769,980.59.
3. EXHIBITS: None
• 4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION-
ACTION:
Council Agenda
Item No. 6G
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: 2004 CITY ART PLAN 2004-2009 — APPROVE
2. SUMMARY STATEMENT: As recommended by the Parks Committee, approve
the 2004 City Art Plan and 2004-2009 Five-Year Art Plan.
The attached Five-Year plan lists projects planned for years 2004-2009. Each year the
Kent Arts Commission submits a revised City Art Plan to City Council for review and
approval. Please review the attached outline for details.
3. EXHIBITS: 2004 City Art Plan, 2004-2009 Five-Year Art Plan and Ordinance
No. 2552
4. RECOMMENDED BY: Staff and Parks 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
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2004 CITY ART PLAN
FIVE YEAR CITY ART PLAN, 2004 - 2009
Ordinance 2552
I
Approved
Visual Arts Committee November 17, 2003
Kent Arts Commission November 25,2003
City Council Sub-Committee. December 9. 2003
City Council December 9. 2003
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2004 CITY ART PLAN
PROJECTS carry over 2004 Costs
from 2003
Capital Project Art: Three Friends Fishing Hole 10,000
"Agriculture" monumental sculpture by Peter Requiam 30,000
Capital Project Art: Lake Meridian Park/Kent Entry Pt. 30,000
Reclamation Art Projects- Train Corridor(2) 10,000
Design Team Artist: Clark Lake Park 5,000
Portable Collection Purchases 9,000
Carryover from 2003
Downtown Gateway Seat Art(M. Van Slyke) 12,500
Train Comdor Improvements (C dos Remedios) 60,000
Kent Memorial Park Community Art(Andersens) 30,000
Kent Station Downtown Park Art Planner(E. Conner) 25,000
Subtotals $127,500 $94,000
I
OTHER EXPENSES
Salary & Administration 83,701
Supplies 2,180
Professional Services (Design, Consultant Fees, Maintenance/Repair) 13,886
Subtotal $99,767
2004 TOTAL $193,767
2
KENT ARTS COMMISSION
2004 CITY ART PLAN NARRATIVE
Proiect Title. Capital Project Art — Three Friends Fishing Hole
Proiect Description- A professional artist would work with park planners to integrate art into the new
accessible fishing area.
Estimated 2004 Costs- $10,000
Funding Source: City Art Plan
Background/Justification: The city has successfully integrated art into other capital improvements and
new construction in the past. By doing so, cost savings are realized through combining work in the
construction phase. The artist can work with the Parks design team which results in art that is distinct
to the site and visually compatible with the other functional elements of the site. In past projects, some
artist-made functional elements have been incorporated in seating, railings, gates and other necessary
elements.
Proiect Title: Monumental Sculpture: "Agriculture" by Peter Requiam
Proiect Description- Artist Peter Requiam would fabricate a set of three sculptures of corn stalks
proposed for the corner of 84"' Ave S and S. 228"' St , near on/off ramps to SR167.
Estimated 2004 Costs: $12,500
Funding Source- City Art Plan
Background The arts commission is seeking to place art in visible locations for maximum impact to the
visitors and residents of Kent. The intent is to provide icons to distinguish Kent as a unique destination.
The use of corn as a symbol of agriculture recalls the days when the fertile Kent Valley produced a
variety of crops for commercial and personal consumption The placement of these sculptures is near
Carpenito Brothers fresh produce market and the busy ramps of SR167 The sculpture is simple and
large enough to see quickly while travelling yet interesting enough to endure Monumental sculptures
often act as gateways to a city, this piece would serve a similar purpose to the SR 167 travelers yet be
relevant to local people.
Proiect Title: Capital Project Art. Lake Meridian Park/ Kent Entry
Proiect Description A professional artist will fabricate unique artwork to be placed at Lake Meridian
Park, facing the busy SE 272"d Street, to act as a gateway to the city from the East (Covington/Black
Diamond)
Estimated 2004 Costs: $4,800
Funding Source. City Art Plan
Background: Art at this newly landscaped area of Lake Meridian Park/SE 272"d would provide a visible
indicator to travelers from the Covington and Black Diamond areas that they have arrived in Kent The
artwork would serve to mark this entrance to the city and Lake Meridian Park as unique destinations in
Kent. Another successful gateway project is the Kent Banners at SR 516 & West Meeker Street.
3
Proiect Title: Reclamation Art Projects- Train Corridor Art
Project Description: Tram Corridor Artist Cheryl dos Remedios would lead community members, youth
and sister city community members in a project to create cut panels for two buildings along the BNSF
railroad in downtown Kent.
Estimated 2004 Costs: $10,000
Funding Source: City Art Plan
Backqround: Public artist/planner Tina Hoggatt worked with Kent Arts Commission and local
stakeholders to identify areas of the tram corridor that would be enhanced through the instaliation of
public art. The corridor is the public face of the community for almost 3,000 daily commuters between
Tacoma and Seattle. These proposed RAP projects are part of the Train Corridor Art Master Plan, a
plan intended to present an attractive view of Kent as commuters travel through our city. The budget for
this project provides for participatory artwork for the exterior walls of two downtown businesses.
Proiect Title: Design Team Artist Clark Lake Park
Project Description: Artist Ruth Mane Tomlinson will work with Park Planning staff to provide design
input into the master plan for Clark Lake Park. The artist would suggest ways to integrate art and
incorporate design ideas into the master plan.
Estimated 2004 Costs- $5,000
Funding Source City Art Plan
Background: An artist in the design phase of a project allows art to be seamlessly integrated into the
overall park design. Functional elements can be enhanced and art opportunities recognized at an early
stage. Art ideas can be incorporated into the design and construction documents at a substantial cost-
savings and artist-made fixtures can take the place of`off-the-shelf" items to create a unique sense of
place. Other successful design team projects include Garrison Creek Park art by Elizabeth Conner and
Morrill Meadows Park"In the Grove" by T. Ellen Sollod
Proiect Title: Portable Collection Purchases
Proiect Description: Purchase quality artworks from area artists at the Kent Canterbury Faire Juried
Fine Art Exhibit and works that enhance the quality and value of the Portable Art collection. The
artworks will be exhibited in publicly accessible areas of the City of Kent facilities.
Estimated 2004 Costs: $9,000
Funding Source: City Art Plan
Background: The City of Kent Arts Commission has established a collection of portable artwork that
includes paintings, prints and other works. The purchase awards at the Canterbury Faire Fine Art
Exhibit attract quality area artists to enter. Other portable art is purchased to enhance the art collection
and respond to specific needs. The funds allow the City to obtain artwork and to introduce art into the
workplace and in public areas where the community does business. This program supports local
artists, serves specific needs for special projects and promotes participation in City programs
4
KENT ARTS COMMISSION CITY ART 5 YEAR PLAN
2004-2009
2004 PROJECTS COSTS
Capital Project Artwork, Three Friends Fishing Hole 10,000
Monumental Sculpture. Agriculture by Peter Reguiam 30,000
Capital Project: Lake Meridian Park/Kent Entry 30,000
Design Team: Clark Lake Park 5,000
Tram Corridor Improvement, 2 youth murals 10,000
Portable Collection Purchases 9,000
Administration/Maintenance 99,767
Year Total $193,767
2005PROJECTS COSTS
Mural Titus Station Park 10,000
Capital Project Artwork, East Hill"X"Park Art 20,000
Capital Project Art: Eagle Creek Neighborhood Park 15,000
Portable Collection Purchases 5,000
Administration/Maintenance 100,000
Year Total $150,000
2006 PROJECTS COSTS
Capital Project Artwork,West Hill Neighborhood Park 30,000
Capital Project Artwork, River View Park 15,000
Capital Project Artwork, Town Square Park 40,000
Portable Collection Purchases 5,000
Administration/Maintenance 100,000
Year Total $190,000
2007 PROJECTS COSTS
Capital Project Artwork, 132"d Studio/Park Artwork 25,000
Capital Projects 50,000
Portable Collection Purchases 5,000
Administration/Maintenance 100,000
Year Total $180,000
Clark Lake Integrated Artwork, phase 1(R Tomlinson, 200612007) $25,000
272"d Street Neighborhood Park(Community Participation Project) $10,000
Commons Playfields$15,000
2008 PROJECTS COSTS
Capital Projects 75,000
Portable Collection Purchases 5,000
Administration/Maintenance 101,000
Year Total $181,000
Clark Lake Integrated Artwork phase 11, $25,000
Willis Gateway- 50,000 +possible other CIP funds
2009 PROJECTS COSTS
Capital Projects 95,000
Portable Art Collection Purchases 10,000
Administration/Maintenance 102,000
Year Total 207,000
Gateways, Park Integrated Art, Capital Project Integrated Art
Ordinance No . 2552
["Beginning July 1 , 1998"]
(Amending or Repealing Ordinances)
Sec. 2.34.030 (now: 4.02.030) Amended by Ord. 3428
I
i
ORDINANCE NO. CRSSoZ
i
f/
Gl�� AN ORDINANCE of the City of Kent,
)}C�p Washington relating to public art; establishing
�` a City Art Program, directing establishment of
guidelines and procedures for administration of
�h �(,• the City Art Program; establishing a City Art
f� Fund; adding a new Chapter 2.35 Kent City Code
in conjunction therewith; amending
p�fW Chapter 2.34 KCC concerning the City of Kent
Arts Commission (Sections 1 - 6, Ordinance
1944); repealing KCC 3.14.368, the Arts
Commission Fund (Section 7, Ordinance 1944) .
l WHEREAS, the aesthetic nature and charm of the City of
I Kent shall be enhanced, and the citizens of the City of Kent shall
hold and enjoy works of art for the public environment and
welfare; and
I
WHEREAS, the City intends to expand the opportunity for
Kent residents to experience art in public places and to create a
more visually pleasing and humane environment; and
WHEREAS, it is appropriate to establish a means whereby
the City of Kent Arts Commission shall maintain an orderly
acquisition of art by the City of Kent; and
i
I
WHEREAS, there shall be a City Art Program which shall
consist of Guidelines, Procedures and an Art Plan; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. A new Chapter 2.35 is added to the Kent City
Code, as follows:
CITY ART PROGRAM
2.35 .010. ART FUND CREATED. There is hereby established
a City Art Fund. Monies for the Fund shall be received from:
A
A. ANNUAL BUDGET. Two (2) dollars per budget year
I
for each City resident, based upon population data certified by
II
I
�1 the State of Washington Office of Financial Management. Budgeted
�I but unspent funds shall be maintained in the Art Fund, and carried
forward at the end of each budget year.
B. GIFTS, DONATIONS AND GRANTS. Private or public
gifts, endowments, donations, bequests or other grants.
C. OTHER. Such other sources as may be available.
D. INTEREST FROM THE CITY ART FUND.
2.35.020. FUND USE - ART PROGRAM - COLLECTION.
A. Inclusions - The City Art Fund may be used for
all costs for works of art, administrative costs of the City Art
Program, and all costs of installation and maintenance.
B. The City of Kent Arts Commission and Staff
shall recommend the amount to be made available for the purchase
of art, in consultation with City staff. The designation of
projects and sites, selection, contracting, purchase,
commissioning, review of design, execution and placement,
acceptance, maintenance, sale, exchange, or disposition of work of
art shall be recommended by the Kent Arts Commission and Staff,
for approval by the City Council, in accordance with the City Art
Program Guidelines.
C. All works of art purchased and commissioned
under the City Art Program shall become a part of a City Art
Collection. The City Art Collection shall be developed,
administered and operated by the Kent Arts Commission with
cooperation and support of the Kent Parks Department Staff.
D. The works of art may be placed on public lands,
integrated with or attached to a public building or structure,
detached within or outside a public building or structure, or part
of a portable collection or exhibit.
- 2 -
i
I
E. Nothing in this Chapter shall limit the amount
of money the City of Kent may expend for art.
2.35 .030. GENERAL PROCEDURES.
A. Upon consultation with the City of Kent Arts
Commission, Guidelines and Procedures shall be prepared by Staff
for the implementation of the Arts Program. Such Guidelines and
Procedures shall be reviewed by the City of Kent Arts Commission
and Staff annually, and recommendations shall be made to the City
Council for approval.
B. A City Art Plan including a schedule and budget
for all City Art Program pro3ects shall be prepared and updated
annually by the City of Kent Arts Commission and Staff. The City
Art Plan shall be reviewed and approved annually by the City
Council.
Section 2. Chapter 2.34 KCC (Ordinance 1944, Sections
1 - 7) is amended as follows:
KENT ARTS COMMISSION
2.34.0(-f4})10. ARTS COMMISSION CREATED. There is hereby
created ((a * ^ tre--be kttewrr es-)) the Kent Arts
Commission.
i
i
2.34.0(04)20. PURPOSE. The City of Kent Arts
Commission and Staff may, alone or in cooperation with any other
private, civic or public body of any City, county or the State of
Washington, initiate, sponsor or conduct programs calculated to
further public awareness of and interest in the visual and
performing arts.
2.34.( f3s)-)O30. MEMBERSHIP - TERM. The membership of
the City of Kent Arts Commission shall be twelve members to be
appointed by the Mayor with the approval of the City Council. Of
the first twelve members appointed, six shall be appointed for two
years and six shall be appointed for four years, with the
II - 3
I�
respective terms of each initial appointee to be determined by
lot. Subsequent appointments shall be for a period of four years
or for the unexpired balance of the term for which appointed,
whichever is the lesser period. In addition to the twelve
appointed members, one member of the City Council shall be
designated by the president of the Council to serve as an ex
officio member of the City of Kent Arts Commission for a term of
one year.
2.34.( (3fr"))04D. OFFICERS - MONTHLY MEETINGS. The City
of Kent Arts Commission shall elect its officers, including a
chairman, vice chairman, and such officers as it may deem
necessary. Such persons shall occupy their respective offices for
a period of one year. The City of Kent Arts Commission shall hold
regular public meetings at least monthly.
2 .34(F2S-))050. RULES - PUBLIC RECORD. The City of Kent
Arts Commission shall adopt rules for transaction of business and
shall keep written minutes of its proceedings which minutes shall
be a public record.
2.34.(�2 )060. BUDGET. The City of Kent Arts
Commission and Staff shall each year submit to the City
Administrator and City Council for approval a proposed budget for
the following year in the manner provided by law for preparation
iand submission of budgets by appointive officials.
Section 3. KCC 3.14.36E (Ordinance 1944, Section 7) is
hereby repealed:
entitled Gity c Kenk Arts
Administrator and Gity Council Shall
i
L
4 -
the sueeeeding yea- , )
Section 4. 1986 Budget - Funding. The funding provided
for in KCC 2 .35.010y. shall first take effect and be in force for
I
the 1986 City of Kent Budget.
Section 5. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by I pw.
r'SABEL HOGAN, MAY02
ATTEST:
. . 2`2z&
BETTY AY, DEFU CITY CLERK
APPROVED AS TO/FOORM-
P. STEPHEN DIJULIO, CITY ATTORNEY
PASSED the /e5 day of C 1 1985.
APPROVED the r1__day of 4 t 1965.
PUBLISHED the �i day of 1 1985.
T!
I hereby certify that this is a true copy of Ordinance
No. a6 5a , passed by the City Council of the City of Kent, I
Washington, and approved by the Mayor of the City of Kent as hereon
indicated. I`
,�� I�
GZGcL ��z<� (SEAL) 1 BETTY GKAY. DEPU'LT CITY CLER
I
2540-110
i
5 -
. Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: KING COUNTY ARTIST-IN-SCHOOL PROJECT GRANT—
ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: As recommended by Parks Committee, accept the
$1,500.00 Cultural Development Authority of King County grant for the Amst-m-
School Project and amend the Kent Arts Commission budget.
A grant was received from the Cultural Development Authority of King County for an
artist-in-schools program at Pine Tree Elementary. This collaboration with the Kent
School District will bring a local artist into the school to integrate curriculum-based art
into the classroom. Third grade students, teachers and parent volunteers will work with
artist Meredith Doll in learning an arts and culture program.
3. EXHIBITS: King County contract
4. RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REOUIRED: Revenue of$1,500.00
SOURCE OF FUNDS: Grant funds from the Cultural Development Authority of King
County
7 CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
Agreement No 103345
Contractor's Federal Taxpayer ID No
Contractor City of Kent - Arts Commission
Project Title Artist in School Program
Contract Amount $ 1,500 00 Fund Source. CP — Cultural Arts Education
Contract Period From 09/01/03 To 06/30/04
AGENCY SERVICES CONTRACT 2003
THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY
(the "CDA"), whose address is 506 Second Avenue, Ste 200, Seattle, WA 98104-2307 and telephone
number is (206) 296-7580 and the City of Kent - Arts Commission (the "Contractor"), whose address is
220 Fourth Avenue South, Kent WA 98032 and telephone number is (253) 856-5058 Contractor is an
art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code
Sections 2.48 and 4 42 and RCW 67 28 180 and as hereinafter may be amended The CDA Board
approved providing funds for this project by Motion No. 2003-22
The CDA desires to provide funds with which the Contractor shall render certain services to King County
citizens Such services are for the benefit of art museums, cultural museums, heritage museums, the arts,
i and/or the performing arts and are consistant with those defined in RCW 67 28 180 ("Public Benefit
Services")
The CDA is organized pursuant to King County Ordinance 14482 and RCW 35 21 730, et seg RCW
35 21 750 provides as follows "[All] liabilities incurred by such public corporation, commission, or authority
shall be satisfied exclusively from the assets and properties of such public corporation, commission or
authority and no creditor or other person shall have any right of action against the city, town, or county
creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of
such public corporation, commission, or authority "
The legislative authority of the CDA has found and declared that providing funds to Contractor to reimburse
Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning
of Article VI I, Section 1 of the Washington State Constitution for which public funds may properly be
expended or advanced
NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to
be made and performed by the parties hereto, the parties covenant and do mutually agree as follows.
AG SVC 03 Page 1 of
I. SCOPE OF SERVICES
A The Contractor shall provide services and comply with the requirements set forth hereinafter an
in the following attached exhibits which are incorporated herein by reference
® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A
® Protect Proposal and Budget Attached hereto as Exhibit B
® Insurance Requirements Attached hereto as Exhibit C
❑ Personnel Inventory (K C.0 12.16 060A) (In combination with Attached hereto as Exhibit D
other agreements, in excess of$25,000 in a calendar ear
❑ Affidavit and Certificate of Compliance (K C.0 12.16 060B) Attached hereto as Exhibit E
for A reements in excess of$25,000
❑ Disability Assurance of Compliance/Section 504 Attached hereto as Exhibit I F
KCC 12.16.060D ORGANIZATIONS ONLY]
B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse
the Contractor for expenses incurred expressly and solely in accordance with the Protect Proposal and
Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Project
Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing
by the CDA The work described generally by the Protect Proposal and Budget and more specifically by
the Specific Scope of Services shall hereinafter be referred to as the "Project".
C. In addition to performing the Protect, Contractor shall provide any Public Benefit Provisions that
may be specified in the Specific Scope of Services attached.
D. The Contractor agrees to acknowledge the CDA as a source of support for the Project in
prominently located permanent signage utilizing the following logo:
cultura
development authority
King County Hotel/ Motel Tax Fund
E The Contractor agrees to notify the CDA in advance of any public Project activities, including but
not limited to ground breaking events, dedications, and other public programs
11. DURATION OF CONTRACT
This Agreement shall commence on September 15', 2003 and shall terminate on June 301h, 2004.
This Agreement, however, may be terminated earlier as provided in Section IV hereof
III. COMPENSATION AND METHOD OF PAYMENT
A. The CDA shall reimburse the Contractor for its actual and authorized expenditures incurred in
satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements
specified in this contract in an aggregate amount not to exceed $1,500 00.
AG SVC 03 Page 2 of
B Contractor may apply to the CDA for reimbursement upon completion of specified phases as
detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract
C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as
"EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific
Scope of Services and Reimbursement Schedule The CDA will initiate authorization for payment after
approval of corrected invoices and reports The CDA shall make payment to the Agency not more than 60
days after the appropriate invoice is received
D Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this
Agreement terminates If the Agency's final invoice and reports are not submitted by the day specified in
this subsection, the CDA will be relieved of all liability for payment to the Agency of the amounts set forth in
said invoice or any subsequent invoice
E Accompanying the final invoice for the project, the Contractor shall also submit
1 A protect evaluation report upon the form provided by CDA
2 If CDA requests, at least two images (prints, slides, or digital images accompanied by a
high-quality print-out) of publishable quality for use by the CDA to publicize its funding programs Photos
shall have credits, caption information, and permission to publish
F If the Contractor fads to comply with any terms or conditions of this contract or to provide in any
manner the work or services agreed to herein, the CDA may withhold any payment to the Contractor until
the CDA is satisfied that corrective action, as specified by the CDA, has been completed This right is in
addition to and not in lieu of the CDA right to terminate this contract as provided in Section IV, any other
rights of CDA under this Agreement and any other right or remedy available to CDA at law or in equity
IV. TERMINATION OF AGREEMENT
A If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or
stipulations of this Agreement, the CDA may terminate this Agreement and withhold the remaining
allocation Prior to so terminating this Agreement, CDA shall submit written notice to the Contractor
describing such default or violation The CDA shall not so terminate this Agreement if CDA determines that
Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation
V. MAINTENANCE OF RECORDS
A. The Contractor shall maintain accounts and records, including personnel, property, financial, and
programmatic records and other such records as may be deemed necessary by the CDA to ensure proper
accounting for all contract funds and compliance with this Agreement All such records shall sufficiently and
properly reflect all direct and indirect costs of any nature expended and services provided in the
performance of this Agreement
B. These records shall be maintained for a period of six (6) years after termination of this
Agreement unless a longer retention period is required by law
AG SVC 03 Page 3 of 7
VI. AUDITS AND EVALUATIONS
A The records and documents with respect to all matters covered by this Agreement shall be 110
subject at all times to inspection, review or audit by the CDA and/or federal/state officials so authorized by
law during the performance of this Agreement and six (6) years after termination hereof
B The Contractor shall provide right of access to its facilities, including by any subcontractor to the
CDA, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor
and evaluate the services provided under this Agreement. The CDA will give advance notice to the
Contractor in the case of fiscal audits to be conducted by the CDA.
C. The Contractor agrees to cooperate with the CDA in the evaluation of the Contractor's
performance under this contract and to make available all information reasonably required by any such
evaluation process The results and records of said evaluations shall be maintained and disclosed in
accordance with RCW Chapter 42.17 (Public Records Act).
Vil. PROPRIETARY RIGHTS
If any patentable or copyrightable material or article should result from the Project, all rights
accruing from such material or article shall be the sole property of Contractor Contractor agrees to and
does hereby grant to the CDA, an irrevocable, nonexclusive, and royalty-free license to use, according to
law, any material or article and use any method that may be developed as part of the work under this
Agreement The foregoing license shall not apply to existing training materials, consulting aids, checklists,
and other materials and documents of Contractor which are modified for use in the performance of this
Agreement
Vill. FUTURE SUPPORT
CDA makes no commitment to support the services contracted for herein nor guarantee regarding
the success of the services and assumes no obligation for future support of the Project except as expressly
set forth in this Agreement
IX. HOLD HARMLESS AND INDEMNIFICATION
A In providing services under this Agreement, the Contractor is an independent contractor, and
shall determine the means of accomplishing the results contemplated by this Agreement Neither the
Contractor nor its officers, agents or employees are employees of the CDA for any purpose The
Contractor shall comply with all applicable federal and state laws and regulations regarding employment,
minimum wages and hours, and discrimination in employment The Contractor is responsible for
determining the compensation of its employees, for payment of such compensation, and for all federal
and/or state tax, industrial insurance, and Social Security liability that may result from the performance of
and compensation for these services. The Contractor and its officers, agents, and employees shall make
no claim of career service or civil service rights which may accrue to a CDA employee under state or local
law The CDA assumes no responsibility for the payment of any compensation, wages, benefits, or taxes
by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement The
Contractor shall protect, defend, indemnify and save harmless the CDA and its officers, agents, and
employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from
(1)the Contractor's failure to pay any such compensation, wages, benefits, or taxes, (2) the supplying to
the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in
connection with or support of the performance of this Agreement The Contractor shall also defend,
indemnify, and save harmless the CDA, and its officers, agents, and employees, from and against any and*
all claims made by Contractor's employees arising from their employment with Contractor
AG S VC 03 Page 4 of 7
B To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and
save harmless the CDA its officers, employees, and agents from any and all costs, claims, judgments,
and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the
Contractor, its officers, employees, and/or agents, except to the extent resulting from the CDA's sole
negligence If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection
with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to,
subtraction from, improvement to, or maintenance of, any budding, highway, road, railroad, excavation, or
other structure, project, development, or improvement attached to real estate"within the meaning of RCW
4 24.225, the Contractor shall so protect, defend, indemnify, and save harmless the CDA its officers,
employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents'
negligence The Contractor agrees that its obligations under this subparagraph extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees, or agents. For the purpose, the
Contractor, by mutual negotiation, hereby waives, as respects the CDA only, any immunity that would
otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW In
the event the CDA incurs any judgment, award and/or cost arising there from including attorney's fees to
enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the
Contractor Claims shall include, but are not limited to, assertions that the use or transfer of any software,
book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder,
constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in
unfair trade practice.
X. INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of this Agreement insurance as
described on the Exhibit labeled as Insurance Requirements attached here to
XI. CONFLICT OF INTEREST
Chapter 42 23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by
reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter
Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of
contract
In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of the
CDA who exercises any functions or responsibilities in connection with the planning and implementation of
the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or
indirectly, in this contract The Contractor further represents, warrants and covenants neither it nor any
other person beneficially interested in this Agreement has offered to give or given any such officer,
employee, or agent of the CDA, directly or indirectly, any compensation, gratuity or reward in connection
with this Agreement The Contractor shall take all appropriate steps to assure compliance with this
provision
AG SVC 03 Page 5 of 7
XII. NONDISCRIMINATION
During the performance of this Agreement, Contractor shall comply with state, federal and local
legislation requiring nondiscrimination in employment and the provision of services to the public, including,
but not limited to Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law
against discrimination), K C C chapter 12.16 regarding discrimination and affirmative action in employment
by contractors, subcontractors and vendors; K.0 C. chapter 12 17 prohibiting discrimination in contracting;
K C C. chapter 12 18 requiring fair employment practices, K.0 C chapter and 12 22 prohibiting
discrimination in places of public accommodation.
The Contractor shall maintain, until 12 months after completion of all work under this contract, all
written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to
participate in this Agreement. The Contractor shall make such documents available to the CDA for
inspection and copying upon request.
X111. NOTICES
Whenever this Agreement provides for notice to be provided by one party to another, such notice
shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of the
CDA at the addresses first written above. Any time within which a party must take some action shall be
computed from the date that the notice is received by said party
XIV.GENERAL PROVISIONS
No modification or amendment to this Agreement shall be valid unless made in writing and signed
by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement The CDA's failure to insist upon the strict performance of any provision of
this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement In the event any term
or condition of this Agreement or application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given
effect without the invalid term, condition, or application To this end, the terms and conditions of this
Agreement are declared severable The parties agree that this Agreement is the complete expression of
the terms hereto and any oral or written representations or understandings not incorporated herein are
excluded Both parties recognize that time is of the essence in the performance of the provisions of this
Agreement
XV. ATTORNEYS' FEES; EXPENSES
Contractor agrees to pay upon demand all of CDA's costs and expenses, including attorneys' fees and
CDA's legal expenses, incurred in connection with the enforcement of this Agreement CDA may pay
someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such
enforcement Costs and expenses include CDA's attorneys' fees and legal expenses whether or not there is a
lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to
modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection
services. Contractor also shall pay all court costs and such additional fees as may be directed by the court
0
AG SVC 03 Page 6 of 7
XVI. SURVIVAL
The terms and conditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV shall survive the
termination of this Agreement and shall be continuing obligations of the parties
CDA: CONTRACTOR:
CDA Executive Director Signature
Date Name (Please type or print)
Title (Please type or print)
Date
AG SVC 03 Page 7 of
EXHIBIT A
SCOPE OF SERVICE
Kent Arts Commission and the Cultural Development Authority of King County mutually agree that the following services be
provided in accordance with the application submitted to and approved by the Board of the Cultural Development Authority of
King County
Partial support for Artist to School Program, in collaboration with Pine Tree Elementary in the Kent School District This
collaboration will bring local artists into the school to integrate cumculum-based art in the classroom There will be an
estimated3975 students involved in this project,from the 3rd andO gradep. Funds will be used to pay artist Meredith Doll to
work with school administration, teachers and the Kent Arts Commission in planning and implementing a curriculum-based art
program and to lead art projects in the classrooms
Amount S1500
For artist fees and direct project expenses
NOTIFICATION OF EVENTS AND ACTIVITIES
Project directors are requested to notify the Cultural Development Authority of King County in advance of project activities
including classes, workshops, exhibitions or performances
PUBLICITYIPROMOTION POLICY
Prominent acknowledgment of the Cultural Development Authority of King County and Hotel/Motel Tax Revenues is required
of all recipients for use in all publicity and promotional materials, including,but not limited to brochures,press releases,
programs,posters,public service announcements, flyers and advertisements The following logo and/or language is
recommended
cultura
deve opment authority
King County Hotel/ Motel Tax Fund
Final payment will not be made until acknowledgment is submitted on printed material
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: REIMBURSEMENT FOR STREET TREE REPLACEMENT—
ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: As recommended by Parks Committee, accept
$200.00 from Urban Hardwoods for reimbursement of recycled street trees and amend
the Street Tree Replacement budget.
Street trees in the Kent downtown corridor are buckling the sidewalks and curbs,
causing visibility issues, and often interfering with overhead power lines. Staff is in the
process of removing these trees. The tree trunks are salvaged and sold to tree
reclamation companies to be made into furniture or specialty products. Compensation
for the trees is used to purchase a replacement street tree species more suitable for each
site. This public/private partnership benefits the Kent community by providing a stable
source of funds to purchase replacement street trees, and by recycling the removed trees
into a useable resource (furniture).
3. EXHIBITS: copy of check/revenue report
4. RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: Revenue of$200.00
SOURCE OF FUNDS: Urban Hardwoods '
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION-
Council Agenda
Item No. W
R55GA006 City of Kent 11/3/2003 Page 1
Journal Entry/Budget Change
Doc#: 18457 Ledger Type: AA Journal Entry
Doc Type: JR Batch#. 33253
Explanation: PP&D Deposit 9217 Street Tree G/L Date: 11/3/2003
Automatic Reversal? No Created by: JBROOM Last Changed by: JBROO
Line# Business Unit Object Subsidiary Subledger Debit Amount Credit AmountAccount Explanation Reference
10 P20044 56910 200 00- Street Tree Replacement
20 1 11110 0010 20000 Street Tree Replacement
Journal Entry Totals: 20000 200 00-
• - I .rice v<-wed by CURRENCY:
DATE �� COIN:
� n�® BRANCH FOOD COUPONS:
CHECKS:-- �•n
Bag# C 6= 9'2 BK CRD/SALES DRAFTS:
Remove Receipt tear strip before sealing. TOTAL:$—�
i
URBAN HARDWOODS
JIM NEWSOM 1801
127 S RIVER ST
SEATTLE,WA 98108
1"0a/1250
PAY TO THE onrE
ORDER OF Sys
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Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: 2003 LTGO COUNCILMANIC BONDS ORDINANCE— ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. the 2003 LTGO
Councilmanic Bond ordinance.
The 2003 LTGO Councilmanic Bond issue totals approximately $7,518,000 and
contains three items: (A) Taxable Bonds for $1,878,000; (B) Tax Exempt Bonds for
S3,526,000; and (C) Refunding 1992 Bonds for $2,114,000.
3. EXHIBITS: Memo from Finance Director, Bank of America proposal, financial
analysis and bond ordinance
4. RECOMMENDED BY: Operations 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. 6K
FINANCE
May Miller, Director
Phone 253-856-5260
K E N T Fax 253-856-6255 7WASHINGTON
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: November 6, 2003
TO: Mayor White and Kent City Council (�(�
FROM: May Miller, Finance Director
THROUGH. Mike Martin
SUBJECT: 2003 LTGO Councilmanic Bonds
MOTION. I move to recommend the adoption of 2003 (LTGO) Councilmanic Bond
Ordinance No. for approximately $7,518,000, including issuance costs.
SUMMARY: The 2003 LTGO Councilmanic Bond issue totals approximately $7.518.000 and
contains three items:
A Taxable Bonds for $1,878,000
B Tax Exempt Bonds for $3,526,000
C. Refunding 1992 Bonds for$2,114,000
BUDGET IMPACT: Debt service on A and B w ill be included in the 2004 budget Savings on
C will be included in 2004 through 2007 budgets
BACKGROUND:
A Taxable Bonds
The taxable LTGO bonds total $1,878.000 and include $1.200,000 for loan repayment to the
Water Fund for land purchase for the Kent Station project The $1.200.000 is the final payment
of the original $3,900,000 Water Fund loan to the Kent Station project and is due 1/14/2004 A
second Water Fund loan remains outstanding with a 2006 due date
Approximately$662,389 of bond proceeds will refinance the capital improvement loan on the
downtown Saturday Market building currently payable to U S Bank at 7 125% interest rate.
The refinance rate of estimated 5 45% will provide long-term financing for the project and
approximately $39,000 of net present value savings The taxable bonds carry a 15 year term at
an approximate 5 45%interest rate and can be called at any time without penalty as long as
future interest rates are no higher than today. If rates are lower, there would be a make-whole
prepayment fee
Kent Council Operations Committee Councilmanic Bonds-LTGO for 2003
Revised 12/1/03
B. Tax Exempt Bonds
The $3,526,000 tax exempt bonds will fund the second issuance of bonds for the city's Tech II
plan. The plan's intent to bond was approved by Council on 5/21/2002. The technology bonds
primarily fund public safety systems for the jail and records management systems as well as
providing officer reporting, crime analysis, mug shot tools, and other technology projects The
tax exempt bonds also include some funds for technology servers, security upgrades, and
productivity software. The planned bond amount was reduced from $4,000,000 to $3,500.000
due to cost savings. The tax exempt technology bonds will be for ten years at approximately
3.55% interest
C Refunding 1992 Bonds
The 1992 LTGO Refunding Bonds of approximately $2,114,000 will provide net savings of
approximately $127,000 This will be achieved by refinancing callable bonds maturing in 2004-
2007 The refinancing rate of approximately 2 3% will show significant savings over the current
6.351%-6.5% interest with approximately $117,000 of the savings in 2004 The bonds were
originally issued to refund portions of 1985, 1986, and 1987 bond issues and were used for Golf
Open Space, Corrections Facility, Senior Center, Library and Street capital projects
Bond closing is expected on December 18, 2003.
Kent Council Operations Committee Councilmanic Bonds-LTGO for 2003
Revised 12/1/03
BankofAmerica
November 7, 2003
Ms May Miller
Finance Director
City of Kent
2204t" Avenue South
Kent, WA 98032
Re $1,878,000 LTGO Bond Series 2003A(Taxable)
Dear May
Attached is a proposal for Bank of America to provide a taxable municipal term loan to the City of Kent
Please call either me at 503-275-1869, or Alex Johnston at 206-358-8938, to discuss any questions or
comments you may have regarding the proposal
We look forward to working with you on this transaction
Very truly yours,
BANKOF AMERICA, N A
-
Douglas B Bowlsby
Senior Vice President
Cc Alex Johnston, Bank of America
David Trageser, Banc of America Securities
Distribution List
i
SUMMARY OF TERMS AND CONDITIONS
City of Kent,WA
November 7,2003
(For Discussion Purposes Only)
BORROWER: City of Kent, WA("City")
LENDER- Bank of America, N A ("Bank of America")
CREDIT FACILITY: Taxable limited tax general obligation bond in the form of a municipal term loan
in the amount of$1,878,000, or as negotiated (the"Credit Facility")
PURPOSE Refinance a portion of the Kent Station Project, finance PDA Saturday Market
Note redemption, and finance costs of issuance
INTEREST RATE: Indicative rate of 5 45% fixed (taxable), calculated on a 30/360-day basis
Final pricing to be set up to one month prior to closing, as mutually agreed by
City and Bank of America
FEES AND EXPENSES. The City will pay the Bank's legal review fee of$500
REPAYMENTIMATURITY. Interest on the Credit Facility shall be paid semi-annually on June 1 and
December 1 of each year, commencing June 1, 2004
Principal on the Credit Facility shall be repaid annually on December 1 of each
year, commencing December 1, 2004, based on full fifteen-year amortization
and approximately equal annual debt service Tentative principal repayment
schedule is as follows
Payment Date Principal Amount
12/01/04 $81,000 00
12/01/05 $89,000 00
12/01/06 $94,000 00
12/01/07 $99,000 00
12/01/08 $104,000 00
12/01/09 $110,000 00
12/01110 $116,000 00
12/01/11 $122,000 00
12/01/12 $129,000 00
12/01/13 $136,000 00
12/01/14 $143,000 00
12/01/15 $151,000 00
12/01/16 $159,000 00
12/01/17 $168,000 00
12/01/18 $177,000 00
SECURITY: The Credit Facility will be a limited tax general obligation of the City
2
PREPAYMENTS: If principal amounts prepaid, whether by voluntary prepayment or otherwise,
the prepayment shall be accompanied by a prepayment fee as set forth in the
attached Exhibit A
REPRESENTATIONS Usual and customary for transactions of this type, to include In addition,
AND WARRANTIES Borrower to provide a legal opinion of nationally recognized bond counsel, in
form and substance acceptable to Bank and its legal counsel, that (i) the
ff resolution and all documents related to the Credit Facility have been properly
adopted, authorized and executed, and (n) the resolution and all documents
related to the Credit Facility constitute a legally binding obligation of the
Borrower, payable from the security and enforceable according to their terms
(subject to standard exceptions) Bank of America is prepared to accept the
opinion of Foster Pepper& Shefelman, PLLC as Note Counsel for Borrower
REPORTING Financial Information from Borrower Borrower to provide financial
REQUIREMENTS* information and statements in form and content acceptable to Bank of America
indicated below
• Upon receipt, the Borrower's annual State Audit Report
• Within 270 days of the Borrower's fiscal year end, the Borrower's audited
annual financial statements
Within 45 days of adoption, the Borrower's preliminary annual budget and
i budget adoption ordinance
EVENTS OF DEFAULT: Usual and customary in transactions of this type, to include without limitation
(i) nonpayment of principal, interest, fees or other amounts, (ii) violation of
covenants, (ni) inaccuracy of representations and warranties, pv) bankruptcy
and other insolvency events, (vi) creditor or forfeiture proceedings, and (vn)
actual or asserted invalidity of any loan documentation or security interests
FOR DISCUSSION This Summary of Terms and Conditions does not constitute a
PURPOSES commitment to lend by Bank of America or any of its affiliates and is
ONLY: presented for discussion purposes only. The actual terms and
conditions upon which Bank of America may extend credit to Borrower is
subject to satisfactory completion of due diligence, necessary credit
approval and such other terms and conditions as determined by Bank of
America, in its sole discretion
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, TO EXTEND CREDIT, OR TO
FORBEAR FROM ENFORCING REPAYMENT OF A, DEBT ARE NOT ENFORCEABLE UNDER
WASHINGTON LAW
3
Prepayment Fee—Breakfunding
(Initial Cost of Funds Rate/Treasury Rate)
The Prepayment Fee shall be the sum of fees calculated separately for each Prepaid Installment, as follows
(1) Determine the amount of interest which would have accrued each month for the Prepaid Installment, {
had it remained outstanding until the applicable Original Payment Date at the Initial Cost of Funds Rate
applicable to the Prepaid Installment,
(2) Subtract from each monthly interest amount determined in (1)above, the amount of interest that would
accrue for that Prepaid Installment if it were reinvested from the date of prepayment through the Original
Payment Date, at the Treasury Rate,
(3) If(1)above, minus(2)above, for the Prepaid Installment is greater than zero, discount the monthly
difference to the date of prepayment by the Treasury Rate The sum of the discounted monthly differences is
the prepayment fee for that Prepaid Installment, plus
(4) An amount equal to all costs and expenses (subject to a cap of$200) Bank reasonably expects to incur
in liquidation and reinvestment of such prepaid funds
For purposes of this Section, the capitalized terms used herein and not otherwise defined have the following
meanings
(1) "Initial Cost of Funds Rate" means the fixed interest rate of interest per annum representing Borrower's
cost of purchasing funds, or the cost of purchasing and exchanging funds through swaps or other derivative
products, for an amount and under terms reflecting the characteristics of the Prepaid Installment from the date •
the Bond shall begin to bear interest through the Maturity Date
I
(2) "Original Payment Dates" means the dates on which principal of the Bond would have been paid if
there had been no prepayment If a portion of the principal would have been paid later than the end of the
interest period in effect at the time of prepayment, then the Original Payment Date for that portion shall be the
last day of the Interest Period
(3) "Prepaid Installment" means the portion of the prepaid principal of the Bond that would have been paid
on a single Original Payment Date
(4) Treasury Rate" means the interest rate yield for U S Government Treasury Securities that the Bank
determines could be obtained by reinvesting a specified Prepaid Installment in such securities from the date of
prepayment through the Original Payment Date
Bank may adjust the Treasury Rate and Initial Cost of Funds Rate to reflect the difference between the terms of
such investments and the terms of the Bond, such as compounding, accrual basis, or other costs and terms
Each of the rates is Bank's estimate only, and Bank is under no obligation to actually reinvest any prepayment
The rates shall be based on information from either the Telerate or Reuters information services,The Wall
Street Journal, or other information sources the Bank deems appropriate
4
Bankof America
w
November 7, 2003
Ms May Miller
Finance Director
City of Kent
220 4'h Avenue South
Kent, WA 98032
Re $3,526,000 LTGO Bond, Series 2003E (Tax- Exempt, Bank Qualified)
Dear May
Attached is a proposal for Bank of America to provide a tax-exempt municipal term loan to the City of Kent
Please call either me at 503-275-1869, or Alex Johnston at 206-358-8938, to discuss any questions or
comments you may have regarding the proposal
We look forward to working with you on this transaction
Very truly yours,
BANK OF AMERICA, N A
-%
Douglas B Bowlsby
Senior Vice President
Cc Alex Johnston, Bank of America
David Trageser, Banc of America Securities
Distribution List
i
SUMMARY OF TERMS AND CONDITIONS
City of Kent,WA
November 7,2003
(For Discussion Purposes Only)
BORROWER: City of Kent, WA("City")
LENDER: Bank of America, N A ("Bank of America")
CREDIT FACILITY: Tax-exempt limited tax general obligation bond in the form of a municipal term
loan in the amount of$3,526,000, or as negotiated (the"Credit Facility")
PURPOSE Finance capital expenditures for technology improvements and finance costs of
issuance
INTEREST RATE: Indicative rate of 3 55% fixed (tax-exempt, bank qualrfled), calculated on a
30/360-day basis Final pricing to be set up to one month prior to closing, as
mutually agreed by City and Bank of America
FEES AND EXPENSES: The City will pay the Banks legal review fee of$500
REPAYMENT/MATURITY: Interest on the Credit Facility shall be paid on February 1, 2005, and then semi-
annually on June 1 and December 1 of each year, commencing June 1, 2005
Principal on the Credit Facility shall be repaid annually on December 1 of each
year, commencing December 1, 2005, based on full nine-year amortization and
approximately equal annual debt service Tentative principal repayment
schedule is as follows
PaVment Date Principal Amount
12/01/05 $235,000 00
12/01/06 $363,000 00
12/01/07 $376,000 00
12/01/08 $389,000 00
12/01/09 $403,000 00
12/01/10 $417,000 00
12/01/11 $432,000 00
12/01/12 $448.000 00
12/01/13 $463,000 00
SECURITY: The Credit Facility will be a limited tax general obligation of the City
PREPAYMENTS: If principal amounts prepaid, whether by voluntary prepayment or otherwise,
the prepayment shall be accompanied by a prepayment fee as set forth in the
attached Exhibit A
2
REPRESENTATIONS Usual and customary for transactions of this type, to include In addition,
AND WARRANTIES- Borrower to provide a legal opinion of nationally recognized bond counsel, in
form and substance acceptable to Bank and its legal counsel, that (i) the
resolution and all documents related to the Credit Facility have been properly
adopted, authorized and executed, (n)the resolution and all documents related
to the Credit Facility constitute a legally binding obligation of the Borrower,
payable from the security and enforceable according to their terms (subject to
standard exceptions), (ui) that interest earnings on the Credit Facility are
exempt from federal income taxes, and (iv) that the Borrower has designated
the Credit Facility as a"bank qualified" obligation Bank of America is prepared
to accept the opinion of Foster Pepper & Shefelman, PLLC as Note Counsel
for Borrower
REPORTING Financial Information from Borrower Borrower to provide financial
REQUIREMENTS: information and statements in form and content acceptable to Bank of America
indicated below
• Upon receipt, the Borrower's annual State Audit Report
• Within 270 days of the Borrower's fiscal year end, the Borrower's audited
annual financial statements
• Within 45 days of adoption, the Borrower's preliminary annual budget and
final budget adoption ordinance
EVENTS OF DEFAULT: Usual and customary in transactions of this type, to include without limitation
(i) nonpayment of principal, interest, fees or other amounts, (ii) violation of
covenants, (m) inaccuracy of representations and warranties, Rv) bankruptcy
and other insolvency events, (vi) creditor or forfeiture proceedings, and (vii)
actual or asserted invalidity of any loan documentation or security interests
FOR DISCUSSION This Summary of Terms and Conditions does not constitute a
PURPOSES commitment to lend by Bank of America or any of its affiliates and is
ONLY: presented for discussion purposes only. The actual terms and
conditions upon which Bank of America may extend credit to Borrower is
subject to satisfactory completion of due diligence, necessary credit
approval and such other terms and conditions as determined by Bank of
America, in its sole discretion.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, TO EXTEND CREDIT, OR TO
FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER
WASHINGTON LAW.
3
Prepayment Fee—Breakfunding
(Initial Cost of Funds Rate!Treasury Rate)
The Prepayment Fee shall be the sum of fees calculated separately for each Prepaid Installment, as follows
(1) Determine the amount of interest which would have accrued each month for the Prepaid Installment,
had it remained outstanding until the applicable Original Payment Date at the Initial Cost of Funds Rate
applicable to the Prepaid Installment,
(2) Subtract from each monthly interest amount determined in (1) above, the amount of interest that would
accrue for that Prepaid Installment if it were reinvested from the date of prepayment through the Original
Payment Date, at the Treasury Rate,
(3) If(1)above, minus(2) above, for the Prepaid Installment is greater than zero, discount the monthly
difference to the date of prepayment by the Treasury Rate The sum of the discounted monthly differences is
the prepayment fee for that Prepaid Installment, plus
(4) An amount equal to all costs and expenses (subject to a cap of$200) Bank reasonably expects to incur
in liquidation and reinvestment of such prepaid funds
For purposes of this Section, the capitalized terms used herein and not otherwise defined have the following
meanings
(1) "Initial Cost of Funds Rate"means the fixed interest rate of interest per annum representing Borrower's
cost of purchasing funds, or the cost of purchasing and exchanging funds through swaps or other derivative
products, for an amount and under terms reflecting the characteristics of the Prepaid Installment from the date
the Bond shall begin to bear interest through the Maturity Date
(2) "Original Payment Dates" means the dates on which principal of the Bond would have been paid if
there had been no prepayment If a portion of the principal would have been paid later than the end of the
interest period in effect at the time of prepayment, then the Original Payment Date for that portion shall be the
last day of the Interest Period
(3) "Prepaid Installment"means the portion of the prepaid principal of the Bond that would have been paid
on a single Original Payment Date
(4) Treasury Rate" means the interest rate yield for U S Government Treasury Securities that the Bank
determines could be obtained by reinvesting a specified Prepaid Installment in such securities from the date of
prepayment through the Original Payment Date
Bank may adjust the Treasury Rate and Initial Cost of Funds Rate to reflect the difference between the terms of
such investments and the terms of the Bond, such as compounding, accrual basis, or other costs and terms
Each of the rates is Bank's estimate only, and Bank is under no obligation to actually reinvest any prepayment
The rates shall be based on information from either the Telerate or Reuters information services,The Wall
Street Journal, or other information sources the Bank deems appropriate
4
Bankof America
November 7, 2003
Ms May Miller
Finance Director
City of Kent
220 4`" Avenue South
Kent,WA 98032
Re $2,114,000 LTGO Bond, Series 2003C (Tax-Exempt, Bank Qualified)
Dear May
Attached is a proposal for Bank of America to provide a tax-exempt municipal term loan to the City of Kent
Please call either me at 503-275-1869, or Alex Johnston at 206-358-8938, to discuss any questions or
comments you may have regarding the proposal
We look forward to working with you on this transaction
Very truly yours,
BANK OF AMERICA, N A
Douglas B Bowlsby
Senior Vice President
Cc Alex Johnston, Bank of America
David Trageser, Banc of America Securities
Distribution List
SUMMARY OF TERMS AND CONDITIONS
City of Kent,WA
November 7,2003
(For Discussion Purposes Only)
BORROWER: City of Kent,WA("City")
LENDER: Bank of America, N A ("Bank of America")
CREDIT FACILITY: Tax-exempt limited tax general obligation bond in the form of a municipal term
loan in the amount of$2,114,000, or as negotiated(the "Credit Facility")
PURPOSE Refund the callable 1992 LTGO Refunding Bonds and finance costs of
issuance
INTEREST RATE: Indicative rate of 2 30% fixed (tax-exempt, bank qualified), calculated on a
30/360-day basis Final pricing to be set up to one month prior to closing, as
mutually agreed by City and Bank of America
FEES AND EXPENSES. The City will pay the Bank's legal review fee of$500
REPAYMENTlMATURITY: Interest on the Credit Facility shall be paid semi-annually on June 1 and
December 1 of each year, commencing June 1, 2004
Principal on the Credit Facility shall be repaid annually on December 1 of each
year, commencing December 1, 2004, based on the following schedule
Payment Date Principal Amount
12/01/04 $1,150,000 00
12/01/05 $313,000 00
12/01/06 $322,000 00
12/01/07 $329,000 00
SECURITY: The Credit Facility will be a limited tax general obligation of the City
PREPAYMENTS. If principal amounts prepaid, whether by voluntary prepayment or otherwise,
the prepayment shall be accompanied by a prepayment fee as set forth in the
attached Exhibit A
REPRESENTATIONS Usual and customary for transactions of this type, to include In addition,
AND WARRANTIES: Borrower to provide a legal opinion of nationally recognized bond counsel, in
form and substance acceptable to Bank and its legal counsel, that (i) the
resolution and all documents related to the Credit Facility have been properly
adopted, authorized and executed, (u)the resolution and all documents related
to the Credit Facility constitute a legally binding obligation of the Borrower,
payable from the security and enforceable according to their terms (subject to
standard exceptions), (w) that interest earnings on the Credit Facility are
exempt from federal income taxes, and (iv) that the Borrower has designated
the Credit Facility as a"bank qualified" obligation Bank of America is prepared
to accept the opinion of Foster Pepper & Shefelman, PLLC as Note Counsel
for Borrower
2
REPORTING Financial Information from Borrower. Borrower to provide financial
REQUIREMENTS. information and statements in form and content acceptable to Bank of America
indicated below
• Upon receipt, the Borrower's annual State Audit Report
• Within 270 days of the Borrower's fiscal year end, the Borrower's audited
annual financial statements
• Within 45 days of adoption, the Borrower's preliminary annual budget and
final budget adoption ordinance
EVENTS OF DEFAULT Usual and customary in transactions of this type, to include without limitation
(i) nonpayment of principal, interest, fees or other amounts, (u) violation of
covenants, (ui) inaccuracy of representations and warranties, (iv) bankruptcy
and other insolvency events, (vi) creditor or forfeiture proceedings, and (vu)
actual or asserted invalidity of any loan documentation or security interests
FOR DISCUSSION This Summary of Terms and Conditions does not constitute a
PURPOSES commitment to lend by Bank of America or any of its affiliates and is
ONLY: presented for discussion purposes only The actual terms and
conditions upon which Bank of America may extend credit to Borrower is
subject to satisfactory completion of due diligence, necessary credit
approval and such other terms and conditions as determined by Bank of
America, in its sole discretion.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, TO EXTEND CREDIT, OR TO
FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER
WASHINGTON LAW.
3
Prepayment Fee—Breakfundmg
(initial Cost of Funds Rate/Treasury Rate)
The Prepayment Fee shall be the sum of fees calculated separately for each Prepaid Installment, as follows
(1) Determine the amount of interest which would have accrued each month for the Prepaid Installment,
had it remained outstanding until the applicable Original Payment Date at the Initial Cost of Funds Rate
applicable to the Prepaid Installment,
(2) Subtract from each monthly interest amount determined in (1) above, the amount of interest that would
accrue for that Prepaid Installment if it were reinvested from the date of prepayment through the Original
Payment Date, at the Treasury Rate,
(3) If(1) above, minus(2) above, for the Prepaid Installment is greater than zero, discount the monthly
difference to the date of prepayment by the Treasury Rate The sum of the discounted monthly differences is
the prepayment fee for that Prepaid Installment, plus
(4) An amount equal to all costs and expenses (subject to a cap of$200) Bank reasonably expects to incur
in liquidation and reinvestment of such prepaid funds
For purposes of this Section, the capitalized terms used herein and not otherwise defined have the following
meanings
(1) "Initial Cost of Funds Rate"means the fixed interest rate of interest per annum representing Borrower's
cost of purchasing funds, or the cost of purchasing and exchanging funds through swaps or other derivative
products, for an amount and under terms reflecting the characteristics of the Prepaid Installment from the date
the Bond shall begin to bear interest through the Maturity Date
(2) "Original Payment Dates" means the dates on which principal of the Bond would have been paid if
there had been no prepayment If a portion of the principal would have been paid later than the end of the
interest period in effect at the time of prepayment, then the Original Payment Date for that portion shall be the
last day of the Interest Period
(3) "Prepaid Installment" means the portion of the prepaid principal of the Bond that would have been paid
on a single Original Payment Date
(4) Treasury Rate"means the interest rate yield for U S Government Treasury Securities that the Bank
determines could be obtained by reinvesting a specified Prepaid Installment in such securities from the date of
prepayment through the Original Payment Date
Bank may adjust the Treasury Rate and Initial Cost of Funds Rate to reflect the difference between the terms of
such investments and the terms of the Bond, such as compounding, accrual basis, or other costs and terms
Each of the rates is Bank's estimate only, and Bank is under no obligation to actually reinvest any prepayment
The rates shall be based on information from either the Telerate or Reuters information services,The Wall
Street Journal, or other information sources the Bank deems appropriate
4
• SOURCES AND USES OF FUNDS
CITY OF KENT WASHINGTON
LTGO Bond,2003 Series A(Taxable)
Dated Date 1218'2003
Delivery Date 121&`2003
Sources
Bond Proceeds
Par Amount 1 878 000 00
1 878 000 00
Uses
Project Fund Deposits
Kent Station-Repav Water Fund 1 200 000 00
PDA Saturdav Market-Retire US Bank Loan 662 388 71
1 862 388 71
Dehvery Date Expenses
BAS Structuring Fee 9 390 00
Bond Counsel 5 000 00
Bank Counsel 50000
1489000
Other Uses of Funds
Additional Proceeds 721 29
1 878 000 00
•
Nov 19 2003 2 36 pm Prepared by Banc ofAmenca Securities LLC IFinance 5 002 KENT KENTCITY-2003TAXA) Page I
BOND SUMMARY STATISTICS
CITY OF KENT,WASHINGTON
LTGO Bond,2003 Series A(Taxable)
Dated Date 12/18i2003
Delivery Date 12/18/2003
Last Maturity 12/01i2018
Arbitrage Yield 5 450458%
True Interest Cost(TIC) 5 450458%
Net Interest Cost(N1C) 5 450000%
All-In TIC 5 569482%
Average Coupon 5 450000%
Average Life(years) 8 944
Duration of Issue(years) 6 883
Par Amount 1 878 000 00
Bond Proceeds 1 878 000 00
Total Interest 915 399 26
Net Interest 915 39926
Total Debt Service 2 793.399 26
Martimum Annual Debt Service 187 086 00
Average Annual Debt Service 196 91474
Undenvnter's Fees(per$1000)
Average Takedown
Other Fee
Total Undenvnter's Discount
Bid Price 100 000000
Par Average Average
Bond Component Value Price Coupon Life
Sena)Bond 1 878 000 00 100 000 5 450°0 8 944
1 878 000 00 8 944
Nov 19 2003 2 36 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-2003TAXA) Page 2
BOND SUMMARY STATISTICS
CITY OF KENT,WASHINGTON
LTGO Bond.2003 Series A(Taxable)
All-In Arbitra¢e
TIC TIC Yield
Par Value 1 878 000 00 1 878 000 00 1 81800000
+Accrued Interest
+Premium(Discount)
-Undemnter s Discount
-Cost of Issuance Expense
-Other Amounts -14 890 00
Target Value 1 878 000 00 1,863 110 00 1,978 000 00
Tareet Date 12 18'2003 1218/2003 12 18'2003
Yield 5 4504580 S 5 5694820'0 5 4504580 o
Nov 19,2003 2 36 pm Prepared by Banc of America Secunties LLC (Finance 5 002 KENT KENTCITY-2003TAXA) Page 3
BOND PRICING
CITY OF KENT,WASHINGTON
LTGO Bond,2003 Series A(Taxable)
Maturity
Bond Component Date Amount Rate Yield Price
Sena]Bond.
12/01/2004 81.000 5 450% 5 450% 100 000
12/01/2005 89,000 5 450% 5 450% 100 000
12/01/2006 94,000 5 450% 5 450% 100000
12/01/2007 99,000 5 450% 5 450% 100 000
121O1/2008 104,000 5 450% 5 450% 100 000
12'O1,2009 110,000 5 450% 5 450% 100 000
12'01/2010 116,000 5 450% 5 4500/a 100 000
12'01/2011 122 000 5 450% 5 450% 100 000
12,101/2012 129.000 5 450% 5 450% 100 000
12/01'2013 136.000 5 450% 5 450% 100 000
12/01,2014 143,000 5 4500'o 5 450% 100 000
12/01,'2015 151 000 5 450% 5 450% 100 000
12'01'2016 159,000 5 45000 5 45000 100 000
12/01;2017 168 000 5 450% 5 450% 100 000
12/Ol/2018 177 000 5 45000 5 4500% 100 000
1 878 000
Dated Date 12/18'2003
Delivery Date 12'18'2003
First Coupon 06'O1'2004
Par Amount 1 878 000 00
Original Issue Discount
Production 1 878,000 00 100 00000000
Underwriters Discount
Purchase Price 1 878 000 00 100 0000000a
Accrued Interest
Net Proceeds 1 878 000 00
Nov 19,2003 2 36 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-2003TAXA) Page 4
BOND DEBT SERVICE
CITY OF KENT,WASHINGTON
LTGO Bond,2003 Series A(Taxable)
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
12'182003
06/01;2004 46 342 26 46 342 26
12i01'2004 81 000 5 450% 51 175 50 132,175 50 178,517 76
06'0112005 4896925 48 968 25
12/01/2005 89,000 5 450% 48 968 25 137,968 25 196 936 50
06,01/2006 46 543 00 46 543 00
12/01/2006 94,000 5 450% 46 54300 140,543 00 187 086 00
06/01/2007 43 981 50 43,981 50
12/012007 99 000 5 450% 43 981 50 142,981 50 186 963 00
0&012008 41 283 75 41 283 75
12,'01/2008 104.000 545006 41 28375 145.283 75 186 567 50
06/01/2009 38 449 75 38 449 75
12 01/2009 110 000 5 45000 38 449 75 148 449 75 186 89950
06'01'2010 35 452 25 35 452 25
12%0F2010 116 000 5 45000 35 452 25 151 452 25 196 90450
06,01'2011 32 291 25 32 291 25
12.01'2011 122 000 5 45000 32 291 25 154 291 25 186 58250
06 012012 28 966 75 28,966 75
12'01 2012 129 000 54500. 28 96675 157 966 75 196 933 50
06/012013 25 451 50 25 451 50
12'01'2013 136 000 5 45000 25 451 50 161 451 50 186 903 00
06'01,2014 21 745 50 21-745 50
12 01 2014 143 000 5 45000 21 745 50 164 745 50 186 491 00
06 01'2015 1794875 1794975
12,0112015 151 000 54500. 17 848 75 168 848 75 186 69750
06 0I'2016 13 734 00 13 734 00
1201 2016 159 000 5 45000 13 73400 172 73400 196 468 00
06'01 2017 9 401 25 9 401 25
12,1012017 169 000 5 45000 9 401 25 177 401 25 196 802 50
06'012018 4 823 25 4 823 25
12,'0112018 177 000 5 45000 4 823 25 181 82325 186 646 50
1 878 000 915 399 26 2 793 39926 2 793,399 26
No,, 19,2003 2 36 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-2003TAXA) Page 5
BOND DEBT SERVICE
CITY OF KENT,WASHINGTON
LTGO Bond,2003 Series A(Taxable)
Period
Ending Principal Coupon Interest Debt Service
12/01/2004 81,000 5 450% 97,517 76 178,517 76
12,011,2005 89,000 5 45000 97,936 50 186,936 50
12'01/2006 94 000 5 4504o 93,086 00 I87,086 00
12/01/2007 99,000 5 45000 87,96300 186,963 00
12?01/2008 104,000 5 450% 82 567 50 186 567 50
12,01/2009 110,000 5 450% 76 899 50 186,899 50
12/01/2010 116,000 5 4500 o 70,904 50 186,904 50
12,01/201 I 122,000 5 450% 64 582 50 186 582 50
12,01,2012 129,000 5 4500o 57 933 50 186,933 50
12/01/2013 136,000 5 4500 o 50 903 00 196,903 00
12/01/2014 143.000 5 450% 43 491 00 186,491 00
12'01/2015 151,000 5 4500o 35,697 50 186697 50
12'01'2016 159 000 5 450°0 27 468 00 I S6 468 00
12'01'2017 168 000 5 45000 18 802 50 196,802 50
12,'01'2018 177 000 5 45000 9 6,46 50 186 646 50
1 978 000 915 399 26 2 793,399 26
Nov 19,2003 2 36 pin Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-2D03TAXA) Page 6
SOURCES AND USES OF FUNDS
CITY OF KENT,WASHINGTON
LTGO Bond,2003 Series B(Tax-Exempt)
Dated Date 1218'2003
Delivery Date 12/19'2003
i
' Sources
I
Bond Proceeds
Par Amount 3 526 000 00
3 526 000 00
Uses
Project Fund Deposits
LTGO Project}und 3 500 370 00
Delivery Date Expenses
BAS Structunne Fee 17 630 00
Bond Counsel 7 SW 00
Bank Counsel 500 00
25 63000
3 526 000 00
Nov 19 2003 2 37 pm Prepared by Banc of America Secunttes LLC (Finance 5 002 KENT KLN7 CITY-2003) Pagel
BOND SUMMARY STATISTICS
CITY OF KENT,WASHINGTON
LTGO Bond,2003 Series B(Tax-Exempt)
Dated Date 12/I 9'2003
Delivery Date 12"IW2003
Last Maturity 12,'01/2013
Arbitrage Yield 3 633470°/a
True Interest Cost(TIC) 3 543007%
Net Interest Cost(NIC) 3 5500009.0
All-In TIC 3 674715%
Average Coupon 3 550000%
Average Life(years) 6 323
Duration of Issue(years) 5 644
Par Amount 3 526,000 00
Bond Proceeds 3,526,000 00
Total Interest 791 525 55
Net Interest 791,525 55
Total Debt Service 4,317.525 55
Maximum Annual Debt Service 480 340 50
Average Annual Debt Senice 433 801 06
Undere nter's Fees(per 51000)
Average TakedoHn
Other Fee
Total Undensnters Discount
Bid Price 100 000000
Par At crake AN ereee
Bond Component Value Price Coupon Lite
Senal Bond 3 526 000 00 100 000 3 5500,o 6 323
3,526 000 00 6 323
0
Nov 19,2003 2 37 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-2003) Page 2
BOND SUMMARY STATISTICS
CITY OF KENT,WASHINGTON
LTGO Bond 2003 Series B(Tax-Exempt)
All-In Arbitrage
TIC TIC Yield
Par Value 3 526,000 00 3,526 000 00 3 526 000 00
+Accrued Interest
+Premium(Discount)
-Undemnter's Discount
-Cost of Issuance Expense
-Other Amounts -25 630 00 -17 630 00
Target Value 3 526 000 00 3,500 370 00 3 508 370 00
Target Date 12'18i2003 12'18'2003 12 182003
Yield 3 543007% 3 6747150,o 3 63347Mo
i
Nov 19,2003 2 37 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-2003) Page 3
BOND PRICING
CITY OF KENT,WASHINGTON
LTGO Bond 2003 Series B(Tax-Exempt)
Maturity
Bond Component Date Amount Rate Yield Price
Senal Bond
I2T112005 235,000 3 550% 3 550% 100 000
12/01/2006 363,000 3 550% 3 550% 100 000
12/01/2007 376,000 3 550% 3 550% 100000
12/Ol/2008 389,000 3 550% 3 550% 100 000
12/O1/2009 403 000 3 550% 3 550% 100 000
12'0112010 417,000 3 55006 3 550% 100000
12'01/2011 432,000 3 550% 3 550% 100 000
12201/2012 448 000 3 550% 3 550% 100 000
1101/2013 463 000 3 550% 3 550% 100 000
3526.000
Dated Date 1218%2003
Delivery Date 1211&'2003
First Coupon 02/01;2005
Par Amount 3 526 000 00
Original Issue Discount
Production 3 526 000 00 100 0000000 o
Underu nter s Discount
I
Purchase Price 3 526 000 00 100 000000%
Accrued Interest
Net Proceeds 3 526.000 00
Nov 19,2003 2 37 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-2003) Page 4
BOND DEBT SERVICE
CITY OF KENT,WASHINGTON
LTGO Band,2003 Series B(Tar-Exempt)
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
12/18I2003
02/01/2005 140,124 22 140 12422
06/01/2005 41,724 33 41 72433
1201-2005 235,000 3 55000 62 58650 297,586 50 479,435 05
06l0L'2006 5941525 58,41525
12'01/2006 363,000 3 5500b 58 415 25 421 415 25 479 83050
06/012007 51 97200 51,972 00
12/01'2007 376,000 3 5500/6 51 97200 427,972 00 479 944 00
06 012008 45 298 00 45 298 00
12'01,2008 399 000 3 5500 0 4529900 43429900 479 596 00
06/01'2009 38 393 25 38 393 25
12/01'2009 401000 3 550% 38 39325 441.393 25 479 786 50
06,01 2010 31 24000 31 24000
12'01'2010 417 000 3 55000 31 24000 448 240 00 479 490 00
06f01'2011 23 83925 23 838 25
12,01 2011 432 000 3 5500'0 23 83825 455 83825 479 676 50
06'01'2012 16 17025 16 17025
12 0 L 2012 448 000 3 5500 0 16 17025 464.170 25 480 340 50
012013 821825 8 21825
/2
12,01'2013 463 000 3 5500 0 8 218 25 471 21825 479 436 50
3 526 000 791 525 55 4 317 525 55 4 317 525 55
Nov 19,2003 2 37 pm Prepared by Banc of America Secunties LLC (Finance 5 002 KENT KENTCITY-2003) Page 5
BOND DEBT SERVICE •
CITY OF KENT,WASHINGTON
LTGO Bond 2003 Series B(Tax-Exempt)
Period
Ending Principal Coupon Interest Debt Service
1201/2004
12101/2005 235,000 3 550% 244 435 05 479 435 05
12/01/2006 363.000 3550% 116,83050 479,83050
1201/2007 376 000 3 550% 103,944 OD 479,944 00
12/01/2008 389,000 3 550% 90 596 00 479,596 00
120112009 403,000 3 550% 76,796 50 479,786 50
12'01/2010 417,000 3 550% 62 480 00 479,490 00
12012011 432,000 3 550% 47,676 50 479 676 50
1201'2012 448,000 3 550% 32 34050 480,340 50
12'012013 463,000 3 550% 1643650 479 436 50
3 526,000 791 52555 4 317 525 55
Nosy 19,2003 2 37 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-2003) Page 6
SOURCES AND USES OF FUNDS
CITY OF KENT,WASHINGTON
LTGO Refunding Bond 2003 Series C(Tax-Exempt)
Dated Date 12 I8i2003
Delivery Date 12/1&'2003
Sources
Bond Proceeds
Par Amount 2,114 000 00
2 114 000 00
Uses
Refunding Escrow Deposits
Cash Deposit 2 095 o04 17
Delis cry Date Expenses
BAS Strucmnng Fee 10 570 00
Bank Counsel 50000
Bond Counsel 5 000 00
M i sc 2 000 00
1907000
Other Uses of Funds
Additional Proceeds 325 83
2 114 000 00
Nos 19,2003 2 38 pm Prepared b}Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-03REF92 03REF92) Page 1
SUMMARY OF REFUNDING RESULTS •
CITY OF KENT,WASHINGTON
LTGO Refunding Bond 2003 Series C(Tax-Exempt)
Dated Date 12/18/2003
Delivery Date 12/18/2003
Arbitrage-yield 2 578018°0
Escrow yield
Bond Par Amount 2,114,000 00
True Interest Cost 2 300308oio
Net Interest Cost 2 300000%
Average Coupon 2 30000000
Average Life 1 872
Par amount of refunded bonds 2080 000 00
Average coupon of refunded bonds 6 488970%
Average life of refunded bonds 1 837
PV of pnor debt to 12/18'2003 Ca 2 57801806 2 230 009 98
Net PV Savings 126 905 81
Percentage savings of refunded bonds 6 101241Do
Percentage sa-yings o1 refunding bonds 6 0031130o
0
Nov 19,2003 2 38 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-03REF92,03REF92) Page 2
SAVINGS
CITY OF KENT,WASHINGTON
LTGO Refunding Bond.2003 Series C(Tax-Exempt)
Present Value
Prior Refunding Annual to 12,18 2003
Date Debt Service Debt Service Savings Savmgs � 2 57801800,o
06012004 66 875 00 22 014 96 44 860 04 44 342 75
12/01/2004 1 246 875 00 1,174,311 00 72 564 00 117 424 04 70 814 45
06/01/2005 29 410 00 11 08600 18 324 00 1765463
1101/2005 309,410 00 324 086 00 -14 676 00 3 64800 -13 959 95
06,01/2006 2031000 7,48650 12 823 50 12 042 60
12,01/2006 320,310 00 329,486 50 -9 17650 3 647 00 -8 508 02
06,01/2007 10 560 00 3,783 50 6 776 50 6 202 90
12/01/2007 330 56000 332,783 50 -2 223 50 4 55300 -2 009 39
2.334 310 00 2 205 037 96 129.272 04 129 272 04 126 579 98
Savings Summary
PV of sa%mgs from cash flow 126 579 98
Plus Refunding funds on hand 325 83
Net PV Sacmgs 126 905 81
Nov 19,2003 2 38 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-03REF92 03REF92) Page 3
BOND SUMMARY STATISTICS
CITY OF KENT,WASHINGTON
LTGO Refunding Bond,2003 Series C(Tax-Exempt)
Dated Date 12/19/2003
Delivery Date 12/1&'2003
Last Maturity 12/01/2007
Arbitrage Yield 2 578018%
True Interest Cost(TIC) 23003080,6
Net Interest Cost(NIC) 2 300000%
All-In TIC 2 776474%
Average Coupon 2 300000%
Average Life(years) 1 872
Duration of Issue(years) 1829
Par Amount 2,114,000 00
Bond Proceeds 2,114 000 00
Total Interest 91,037 96
Net Interest 91 03796
Total Debt Service 2 205,037 96
Maximum Annual Debt Service 1 196,325 96
AN eraee Annual Debt Service 557,945 16
Undenl ntei s Fees(per S1000)
Average Takedown
Other Fee
Total Underwriter's Discount
I
Bid Pnce 100 000000
Par Average Average
Bond Component Value Price Coupon Lite
Sena!Band 2,114 000 00 100 000 2 3000 o 1 872
2 114 000 00 1 872
Nov 19,2003 2 38 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-03REF92,03REF92) Page 4
0 BOND SUMMARY STATISTICS
CITY OF KENT,WASHINGTON
LTGO Refunding Bond,2003 Series C(Tax-Exempt)
All-In Arbitrage
TIC TIC Yield
Par Value 2,114 000 00 2 114,000 00 2,114 000 00
+Accrued Interest
+Premium(Discount)
-UnderHntei s Discount
-Cost of Issuance Expense
-Other Amounts -I8 070 00 -10 570 00
Target Value 2 114,000 00 2 095,930 00 2 103 430 00
Tareet Date I118'2003 12 182003 12182003
Yield 2 3003080,0 2 7764740o 2 57801800
Nov 19.2003 2 38 pm Prepared bN Banc of Amenca SecunLeti LLC (Finance 5 002 KENT KENTCITY-03REF92,03REF92) Page 5
BOND PRICING
CITY OF KENT,WASHINGTON
LTGO Refunding Bond,2003 Series C(Tax-Exempt)
Maturity
Bond Component Date Amount Rate Yield Pnce
Senal Bond
12'01 2004 1,150 000 2 300% 2 300% 100 000
12,01,2005 313.000 2 300% 2 300% 100 000
12/01,2006 322,000 2 300% 2 300% 100 000
12'0I/2007 329,000 2 300% 2 300% 100 000
2,114,000
Dated Date 12'18'2003
Delivery Date 12 1&'2003
First Coupon 06/01/2004
Par Amount 2 114,000 00
Original Issue Discount
Production 2 114 000 00 100 000000%
Undensrtters Discount
Purchase Price 2 114 000 00 100 0000000 0
Accrued Interest
Net Proceeds 2 114 000 00
Nov 19 2003 2 38 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-03REF92 03REF92) Page 6
BOND DEBT SERVICE
CITY OF KENT,WASHINGTON
LTGO Refunding Bond.2003 Series C(Tax-Exempt)
Period Annual
Ending Principal Coupon Interest Debt Sen ice Debt Service
12'1&'2003
06 01/2004 22,014 96 22 014 96
12/01/2004 1,150,000 2300°0 24,31100 1,174,31100 1 196 32596
06,01'2005 1 1086 00 11 08600
12'01/2005 313 000 2 300% 11 08600 324,086 00 335,172 00
06/01/2006 7,48650 7 486 50
12/01/2006 322,000 2 300% 7 486 50 329 486 50 336 973 00
06'0 V2007 3,78350 3 783 50
12'01/2007 329 000 2 30000 3 783 50 332 783 50 336 56700
2 114 000 91 03796 2 205 037 96 2 205 037 96
•
Nov 19 2003 2 39 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-03REF92 03REF92) Page 7
BOND DEBT SERVICE
CITY OF KENT,WASHINGTON
LTGO Refunding Bond,2003 Series C(Tax-Exempt)
Period
Ending Principal Coupon Interest Debt Service
12/Ol/2004 1,150000 2300% 46,32596 1,196,32596
12/O1/2005 313 000 2 300% 22,172 00 335,172 00
12?01/2006 322 000 2 300% 14,973 00 336 973 00
12�01/2007 329,000 2 300% 7,56700 336,567 00
2,114,000 91,037 96 2,205,037 96
Nov 19,2003 2 38 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-03REF92 03REF92) Page 8
SUMMARY OF BONDS REFUNDED
CITY OF KENT,WASHINGTON
LTGO Refunding Bond 2003 Series C(Tax-Exempt)
Maturity Interest Par Call Call
Bond Date Rate Amount Date Price
LTGO REFUNDING BONDS, 1992,92LT
SERIALS 12'01/2004 6 3500o 1,180 000 00 01/13%2004 100 000
12'01/2005 6 5000 0 .18000000 01 A 3 2004 100 000
12/01/2W6 65000,o 300 000 00 01'13/2004 100 000
12,01/2007 6 6000,o 320 000 00 01 r 13'2004 100 000
2 080 000 00
Noy 19,2003 2 38 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-03REF92,03REF92) Page 9
PRIOR BOND DEBT SERVICE
CITY OF KENT,WASHINGTON
LTGO Refunding Bond,2003 Senes C(Tax-Exempt)
Annual
Period Debt Debt
Ending Principal Coupon Interest Sernce Service
12,E l K2003
06/01/2004 66 875 66,875
12/01/2004 1,180,000 6350% 66,875 1246,875 1,313,750
06�01/2005 29410 29410
12/01;2005 280,000 6500% 29,410 309,410 338.820
06/01/2006 20,310 20,310
12/01!2006 300,000 6 5000,o 20,310 320,310 340,620
06/'012007 10 560 10,560
12/012007 320,000 6 600% 10 560 330,560 341,120
2,080A00 254,310 2,334 310 2334,310
Nov 19,2003 2 38 pm Prepared by Banc of America Securities LLC (Finance 5 002 KENT KENTCITY-03REF92,03REF92) Page 10
i
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to contracting indebtedness; providing
for the issuance of $1,878,000 par value Limited Tax
General Obligation Bond, 2003, Series A (Taxable) to
reimburse certain City funds previously used to pay a
portion of the Kent Station Project and refinance an
outstanding loan obligation of the Kent Downtoti n Public
Market Development Authority incurred for the Saturday
Market building improvements and paying the costs of I
issuance and sale of such bond, S3,526,000 par N alue
Limited Tax General Obligation Bond, 2003, Series B
(Tax-Exempt) to provide financing for a portion of certain
City technology improvements and paying the costs of
issuance and sale of such bond, and $2,114,000 par value
Limited Tax General Obligation Refunding Bond, 2003,
Series C (Tax-Exempt) to provide the funds required to
refund in a current refunding the City's outstanding
Limited Tax General Obligation Refunding Bonds, 1992,
and to pay the costs of issuance and sale of such bond,
providing for the call, payment and redemption of the
outstanding bonds to be refunded, fixing the date, form.
maturities, interest rates, terms and covenants of the bonds,
establishing a bond fund, and approving the sale and
providing for the delivery of the bonds to Bank of America,
N.A , of Seattle, Washington
I
PASSED. DECEMBER 9, 2003
This docirnient piepared by
FOSTER PEPPER & SHEFELMAN PLLC
1111 Third Avenue
Seattle, WA 98101
(206) 447-4400
50187%9p6 1 LTGO Bonds, 2003, Series A, B and C
TABLE OF CONTENTS
TAB
SECTION 1. Definitions. .... ..... ... ...... .. ............ ..... ... .... ... . . ... ...... . .. ... ....3
SECTION2. Debt Capacity..... ..... . ....... ...... ............... ............ ........... . . . .... . ...5
SECTION 3. Authorization of Bonds ... ............. ..... ............... ...... . ...... .. .. .5
SECTION 4. Description of Bonds .......... .. .. .. ..... ....... . ... ... ..... . ... .5
SECTION 5. Bond Registrar; Registration and Transfer of Bonds... . 7
SECTION 6. Payment of Bonds. ..... 8
SECTION 7. Optional Prepayment of Bonds . . ... ...... ............. ... . 91
SECTION 8. Failure To Pay Installments .. . .9
SECTION 9. Pledge of Taxes ... .. . 9
i
SECTION 10 Form and Execution of Bonds 9
SECTION 11 Refunding of the Refunded Bonds....... ...... ...... . . 10
SECTION 12. Call for Redemption of the Refunded Bonds 11i
it SECTION 13 Findings «ith Respect to Refunding Ili
SECTION 14 Preservation of Tax Exemption for Interest on Tax-Exempt Bonds 12`
SECTION 15. Designation of Tax-Exempt Bonds as "Qualified
Tax-Exempt Obligations.... .. .. .. ..... . .. . . .. 12
i' SECTION 16. Refunding or Defeasance of the Bonds........ .... . . 13
SECTION 17 Bond Fund, Project Fund and Deposit and Use of Bond Proceeds. . . 13
SECTION 18 Approval of Transaction.......... ... .... ...... ... .. . ... . . 14
SECTION 19 Severability.. ... .. .... . .. ... ... .. 15
SECTION 20. Effective Date. ...... .. ...... ..... ... .... .......... .. .. .. ... . . 15
3018706906 1 LTGO Bands, 2003,Series A, B and C
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to contracting indebtedness; providing
for the issuance of $1,878,000 par value Limited Tax
General Obligation Bond, 2003, Series A (Taxable) to
reimburse certain City funds previously used to pay a
portion of the Kent Station Project and refinance an
outstanding loan obligation of the Kent Downtown Public
Market Development Authority incurred for the Saturday
Market building improiements and paying the costs of
issuance and sale of such bond, $3,526,000 par value
Limited Tax General Obligation Bond, 2003, Series B
(Tax-Exempt) to provide financing for a portion of certain
City technology improvements and paying the costs of
issuance and sale of such bond, and S2,114,000 par value
Limited Tax General Obligation Refunding Bond, 2003,
Series C (Tax-Exempt) to provide the funds required to
refund in a current refunding the City's outstanding `
Limited Tax General Obligation Refunding Bonds, 1992, !�
and to pay the costs of issuance and sale of such bond,
providing for the call, payment and redemption of the I
outstanding bonds to be refunded, fixing the date, form,
maturities, interest rates, terms and covenants of the bonds;
establishing a bond fund, and approving the sale and
providing for the delivery of the bonds to Bank of America,
i N.A., of Seattle, Washington
�I
i
WHEREAS, the City of Kent, Washington (the "City"), is in need of
funds with which to reimburse certain City funds previously used to finance aportion
of the cost of acquiring land for the Kent Station, and to refinance a loan obligation of
the Kent Downtown Public Market Development Authority incurred for the Saturday
Market building improvements and paying the costs of issuance and sale of such bond,
the estimated cost of which is $1,878,000, and paying the costs of issuance of abond to
�I
5038700906 1 LTGO Bonds, 2003, Series A, B and C
be issued for that purpose, and the City does not have available sufficient funds to pay
those costs; and
WHEREAS, the City is in need of funds with which to finance a portion
of certain technology improvements and paying the costs of issuance of a bond to be
issued for that purpose, the total estimated cost of which is $3,526,000, and paying the
costs of issuance of a bond to be issued for that purpose, and the City does not have
available sufficient funds to pay those costs; and
WHEREAS, pursuant to Ordinance No. 3039 of the City, the City
heretofore issued $10,575,000 par value Limited Tax General Obligation Refunding
Bonds, 1992 (the "1992 Bonds"); and
I,
WHEREAS, pursuant to Ordinance No. 3039, the City reserved the
right to redeem the 1992 Bonds maturing on or after December 1, 2003, as a nhole or
in part at any time on or after December 1, 2002, at par plus accrued interest, and
WHEREAS, there are presently outstanding S2,080,000 par Nalue of
1992 Bonds maturing on December l of each of the years 2004 through 2007,
mcluske, and bearing %arious interest rates from 6 35% to 6 60% (the "Refunded
Bonds"); and
WHEREAS, after due consideration, it appears to the City Council that
the Refunded Bonds may be refunded by the issuance and sale of a bond authorized
herein so that a substantial savings Ne ill be effected by the difference betneen the
principal and interest cost over the life of the bond authorized herein for such purpose
and the principal and interest over the life of the Refunded Bonds but for such
I refunding, which refunding will be effected by the Refunding Plan (as defined below);
and
WHEREAS, the City Council has determined that it is necessary to
authorize the issuance of three separate series of bonds to provide funds to pay the cost
of carrying out the various purposes recited above and to pay the administrative costs
of such refunding and costs of issuance of the authorized bonds; and
5038?0 906 2 LTGO Bands, 2003,Series A, B and C
WHEREAS, Bank of America, N.A , Seattle, Washington, has offered
to purchase the bonds under the terms and conditions set forth; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I - De ntlons As used in this ordinance, the following
words have the following meanings-
"Bank" means Bank of America, N A , of Seattle, Washington
I�
"Bond Fund" means the Limited Tax General Obligation Bond Fund,
2003 (Series A, B and C), created and established by this ordinance.
I
"Bond Registrar"means the Finance Director
"Bonds" means, collectively, the Series A Bond, the Series B Bond and
the Series C Bond, and "Bond" means any of the Bonds
II I"City" means the City of Kent, Washington
"Finance Director" means the Finance Director of the City (or the
successor officer to the Finance Director).
"Proposal Letters" means the three separate Proposal Letters for each
I I
Senes of Bonds, together with their respective Summary of Terms and Conditions of
the Bank dated November 7, 2003, describing certain conditions under which the Bank
proposes to purchase the Bonds
"Refunded Bonds" means the outstanding S2,080,000 par %alue of
Limited Tax General Obligation Refunding Bonds, 1992, of the City maturing in the
years 2004 through 2007, inclusive, issued pursuant to Ordinance No 3039, the
refunding of which has been provided for by this ordinance.
III
5038706906 3 LTGO Bonds, 2003,Series A, B and C
"Registered Owner" means the Bank, as registered owner of the Bond,
or any subsequent owner of the Bond.
"Refunding Plan" means:
(a) the Finance Director's deposit of proceeds of the
Series C Bond and other money of the City, if necessary, to the credit of
the bond fund established by Ordinance No. 3039 for the Refunded
Bonds in an amount sufficient to pay the outstanding principal of and
interest to be accrued on the Refunded Bonds to January 13, 2004, and
(b) on January 13, 2004, the call, payment and
redemption of all of the then-outstanding Refunded Bonds at a price of
par plus accrued interest.
"Series A Bond" means the Limited Tax General Obligation Bond,
12003, Series A (Taxable), of the City issued pursuant to and under the authority of this
�i
ordinance for the Series A Project
�I
"Series A Project" means the reimbursement to the City's Water Fund
for a portion of prior expenditures made to acquire land for the Kent Station and the
repayment and refinancing of the U S. Bank Loan.
"Series B Bond" means the Limited Tax General Obligation Bond,
2003, Series B (Tax-Exempt), of the City issued pursuant to and under the authority of
this ordinance to finance the Series B Project
"Series B Project" means paying part of the costs of the Tech Plan 11,
primarily for the Public Safety System for the jail and records management systems,
providing officer reporting, crime analysis, and mug shot tools, technology severs,
security upgrades, and for productivity software or other technology projects
"Series C Bond" means the Limited Tax General Obligation Refunding
Bond, 2003, Series C (Tax-Exempt), of the City issued pursuant to and under the
authority of this ordinance to carry out the Refunding Plan.
"Tax-Exempt Bonds"means the Series B Bond and the Series C Bond.
i
50387069C6 4 LTGO Bonds, 2003,Series A, B and C
"U.S. Bank Loan" means that certain loan made on April 27, 1999, by
U.S. Bank National Association to the Kent Downtown Public Market Development
Authority and evidenced by a Promissory Note of such Authority dated April 27, 1999.
SECTION 2 - Debt Capacity. The assessed valuation of the taxable
property within the City as ascertained by the last preceding assessment for City
purposes for the calendar year 2003 is 88,175,782,374, and the City, as of October 31,
2003, has outstanding general indebtedness evidenced by limited tax general obligation
bonds, notes, leases and conditional sales contracts in the principal amount of
I 575,395,713 incurred within the limit of up to 1-1/2% of the value of the taxable
property within the City permitted for general municipal purposes a ithout a vote of the
qualified voters therein, and unlimited tax general obligation bonds or notes in the
principal amount of 57,625,000 incurred within the limit of up to 2-l/2% of the Nalue
1 of the taxable property within the City for capital purposes only, issued pursuant to a
vote of the qualified Voters of the City, and the amount of indebtedness for NNhich
bonds are authorized herein to be issued is 57,518,000
SECTION 3 - .4utho i:ation of Bonds The City shall borro% money
on the credit of the City and issue its limited tax general obligation bonds eNidencing
that indebtedness in the aggregate principal amount of 57,518,000 for general City
purposes to provide financing for the Series A Project and the Series B Project,to carry
out the Refunding Plan and to pay the respective costs of issuance and sale of the
Bonds properly allocable to each Bond (the "costs of issuance") The general
indebtedness to be incurred shall be �Nithm the limit of up to 1-I/21% of the value of the
taxable property within the City permitted for general municipal purposes %ithout a
vote of the qualified voters therein.
SECTION 4 - Description of fonds. The Series A Bond shall be called
the Limited Tax General Obligation Bond, 2003, Series A (Taxable), of the City; shall
be in the aggregate principal amount of S 1,878,000, shall be dated its date of delivery;
shall mature December 1, 2018, shall be numbered T-1, shall be in fully registered
form; and shall bear interest at the rate of 5 45% per annum (computed on the basis of
ii a 360-day year of twelve 30-day months), payable semiannually on each June 1 and
w�B,�9 5 LTGO Bonds, 2003, Series A, B and C
December 1, commencing June 1, 2004, to the maturity or earlier prepayment of the
Series A Bond. Principal of the Series A Bond shall be payable in annual installments
on December 1 of each year in accordance with the following schedule:
Installment Principal
Year Amount
2004 S 81,000
2005 89,000
2006 94,000
2007 99,000
2008 104,000
2009 110,000
2010 116,000
2011 122,000
2012 129,000
2013 136,000
2014 143,000
2015 151,000
2016 159,000
2017 168,000
2018 177,000
The Series B Bond shall be called the Limited Tax General Obligation Bond, 2003,
Series B (Tax-Exempt), of the City, shall be in the aggregate principal amount of
S3,526,000, shall be dated its date of delivery, shall mature December 1, 2013, shall be
numbered R-1; shall be in fully registered form, and shall bear interest at the rate of
i i 3.55% per annum (computed on the basis of a 360-day year of twelve 30-day months),
P ( P . �
payable on February 1, 2005, and thereafter semiannually on each June 1 and
December 1, commencing June 1, 2005, to the maturity or earlier prepayment of the
Series B Bond Principal of the Series B Bond shall be payable in annual installments
on December t of each year in accordance with the following schedule:
50387%906 6 LTGO Bonds, 2003, Series A, B and C
Installment Principal
Year Amount
2005 $235,000
2006 363,000
2007 376,000
2008 389,000
2009 403,000
2010 417,000
2011 432,000
2012 448,000
2013 463,000
The Series C Bond shall be called the Limited Tax General Obligation Refunding
Bond, 2003, Series C (Tax-Exempt), of the City, shall be in the aggregate principal
amount of $2,114,000, shall be dated its date of delivery, shall mature December 1,
2007; shall be numbered R-2; shall be in fully registered form, and shall bear interest at
the rate of 2.30% per annum (computed on the basis of a 360-day year of mehe
30-day months), payable semiannually on each June I and December 1, commencing
June 1, 2004, to the maturity or earlier prepayment of the Series C Bond Principal of
the Series C Bond shall be payable in annual installments on December 1 of each year
in accordance with the follom mg schedule
Installment Principal
Year Amount f
i
2004 $1,15 0,000
2005 313,000
2006 322,000
2007 329,000
The City Council finds that fixing the aboN e interest rates are in the best
interest of the City. Interest on the Series A Bond will not be excluded from gross
income of the Registered Owner for federal income tax purposes
The lives of the respective capital facilities to be financed and
refinanced with proceeds of the Bonds exceeds the term of the applicable Bond
SECTION S - Bond Registrar, Registration and Transfer of Bonds.
The Finance Director shall serve as Bond Registrar for the Bonds. The Bond Registrar
5038706906 7 LTGO Bonds, 2003, Series A, B and C
shall keep, or cause to be kept, at its office in Kent, Washington, sufficient books for
the registration and transfer of the Bonds (the "Bond Register"), which shall contain
the name and mailing address of the Registered Owner of the Bonds. The Bond
Registrar is authorized, on behalf of the City, to authenticate and deliver the Bonds in
accordance with the provisions of the Bonds and this ordinance, to serve as the City's
paying agent for the Bonds and to carry out all of the Bond Registrar's poNers and
duties under this ordinance. The Bond Registrar shall be responsible for its
representations contained in the Bond Registrar's Certificate of Authentication on the
Bonds.
The Bonds shall be issued only in registered form as to both principal
and interest and shall be recorded on the Bond Register. The Bonds may not be
assigned or transferred by the Bank, except that the Bank may assign or transfer the
Bonds to any successor to the business and assets of the Bank
i
SECTION 6 - Pawnent of Bonds Installments of principal of and
interest on the Bonds shall be payable in lawful money of the United States of kmerica
and shall be paid by check, draft or warrant of the Bond Registrar mailed five days
prior to the installment payment date to the Registered Owner at the address appearing
on the Bond Register on the 15`i' day of the month preceding the installment payment
date or by wire transfer or electronic debit to the Registered Owner on the installment
11 payment date. The Registered Owner shall present and surrender the Bonds at the
office of the Bond Registrar in Kent, Washington, for cancellation promptly after the
final installment of principal and interest on the Bonds, whether at matunty or upon
j earlier prepayment and redemption, is paid by the City. Any of the Bonds presented
and surrendered under this section shall be destroyed or cancelled in accordance with
law.
The City and the Bond Registrar may deem and treat the Registered
Owner as the absolute owner of the Bonds for the purpose of receiving payment of
principal and interest and for all other purposes, and neither the City nor the Bond
Registrar shall be affected by any notice to the contrary other than proper notice of
assignment or transfer •
503970 906 8 LTCO Bonds, 2003,Series A, B and C
SECTION 7. - Optional Prepayment of Bonds. The City reserves the
right and option to prepay all or any portion of the principal installments of the Bonds
at any time prior to their stated principal installment payment dates at par plus accrued
1 interest to the date of prepayment, subject to the payment of a potential prepayment fee
as described in the applicable Proposal Letter and upon fire days prior written notice
given by the City to the Bank The City's notice shall specify the Bond to be prepaid,
the prepayment date, the principal amount to be prepaid, and, for any partial
prepayment, the pnnctpal installment or installments to which the prepayment is to be
allocated. Interest on the principal amount of a Bond being prepaid shall cease to
accrue on the dated fixed for prepayment unless the principal amount is not paid on the
prepa}zrient date.
SECTIONS - Failure To Put- Tnstallincias If any installment of f
principal of and interest on any of the Bonds is not paid when due, the City shall be
obligated to pay interest on that installment at the same rate provided in the Bond until
that installment, both principal and interest, is paid in full or until sufficient money for
its payment in full is on deposit in the Bond Fund and the principal represented by such
installments has been called for payinent by giN ing notice of that call to the Registered
Owner.
SECTION 4 - Pledge of Taies For as long as any principal of the '
Bonds is outstanding, the City irrevocably pledges to include in its budget and levy
taxes annually within the constitutional and statutory tax limitations provided by law
without a vote of the electors of the City on all of the taxable property within the City
in an amount sufficient, together with other money legally available and to be used
therefor, to pay when due the pnncipal of and interest on the Bonds, and the full faith,
credit and resources of the City are pledged irrevocably for the annual levy and
collection of those taxes and the prompt payment of that principal and interest
SECTION 10 - Form and Evecution of Bonds Each of the Bonds shall
be prepared in a form consistent with the provisions of this ordinance and state law and
shall be signed by the Mayor and City Clerk, either or both of whose signatures may be
505870c9 Ob 9 LTCO Bonds, 2003, Series A, B and C
manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall
be impressed or printed thereon.
To be valid or obligatory for any purpose or entitled to the benefits of
this ordinance, each of the Bonds shall bear a Certificate of Authentication in the
following form, manually signed by the Bond Registrar:
CERTIFICATE OF AUTHENTICATION
This Bond is the fully registered City of Kent, Washington,
Limited Tax General Obligation [Refunding] Bond, 2003, [Series A]
[Series B] [Series C] [(Taxable)] [(Tax-Exempt)], described in the Bond
Ordinance.
i
By
Bond Registrar
The authorized signing of a Certificate of Authentication shall be
conclusive evidence that the Bond so authenticated has been duly executed,
authenticated and delivered and is entitled to the benefits of this ordinance
If any officer whose facsimile signature appears on the Bonds ceases to
be an officer of the City authorized to sign bonds before the Bond bearing his or her
jI facsimile signature is authenticated or delivered by the Bond Registrar or issued by the
�I City, the Bond nevertheless may be authenticated, issued and delivered and, 'Allen
authenticated, issued and delivered, shall be as binding on the City as though that
person had continued to be an officer of the City authorized to sign bonds. The Bond
also may be signed on behalf of the City by any person who, on the actual date of
signing of the Bond, is an officer of the City authorized to sign bonds, although he or
she did not hold the required office on the date of issuance of the Bond.
SECTION 11. - Refividinje of the Refunded Bonds. A sufficient amount of the
proceeds of the sale of the Series C Bond and other money of the City, if necessary,
shall be deposited by the Finance Director to the credit of the bond fund for the
Refunded Bonds and used by the City to discharge the obligations of the City related to
50367064 at 10 LTGO Bonds, 2003, Series A, B and C
the Refunded Bonds under Ordinance No 3039 by providing for the payment of the
amounts required to be paid by the Refunding Plan Any proceeds of the Series C Bond
not needed to carry out the Refunding Plan and pay the costs of issuance of the Series
C Bond shall be deposited in the Bond Fund to pay interest on the Series C Bond on
the first interest payment date.
SECTION 12. - Call for Redemption of the Refirnded Bards The City calls for
redemption on January 13, 2004, all of the Refunded Bonds at par plus accrued
interest Such call for redemption shall be irrevocable after the delivery of the Series C
Bond to the Bank The date on which the Refunded Bonds are herein call for
redemption is the first date on which those bonds may be called The proper City
officials are authorized and directed to give or cause to be given such notices as
I I
required, at the times and in the manner required, pursuant to Ordinance No. 3039 in
i order to effect the redemption prior to their maturity of the Refunded Bonds in
accordance with the Refunding Plan
SECTION 13. - Findings with Respect to Refunding The City Council of the
City finds and finds and determines that the issuance and sale of the Series C Bond at
this time will effect a sa,.ings to the City and is in the best interest of the Cit} and its
taxpayers and in the public interest. In making such finding and determination, the
City Council has given consideration to the fixed principal installment payment
schedule of and the interest rate on the Series C Bond, the fixed maturities of and
interest rates on the Refunded Bonds, the costs of issuance of the Series C Bond and
the known earned income from the inN estment of the proceeds of the issuance and sale
of the Series C Bond pending payment and redemption of the Refunded Bonds
I I
The City Council further finds and determines that the money to be deposited
with the City for the Refunded Bonds in accordance with Section l l of this ordinance
will discharge and satisfy the obligations of the City under Ordinance No 3039 with
respect to the Refunded Bonds, and the pledges, charges, trusts, covenants, and
agreements of the City made or provided for as to the Refunded Bonds, and that the
Refunded Bonds shall no longer be deemed to be outstanding under such ordinance
immediately upon the deposit of such money in the bond fund for the Refunded Bonds
5038706906 11 LTGO Bonds, 2003, Series A, B and C
SECTION 14. - Presenviion of Tax Exemption for Interest on Tax-Erernpt
Bonds The City covenants that it will take all actions necessary to prevent interest on
the Tax-Exempt Bonds from being included in gross income for federal income tax
purposes, and it will neither take any action nor make or permit any use of proceeds of
the Tax-Exempt Bonds or other funds of the City treated as proceeds of the Tax-
Exempt Bonds at any time during the term of the Tax-Exempt Bonds which will cause
interest on the Tax-Exempt Bonds to be included in gross income for federal income
tax purposes. The City also covenants that it will, to the extent the arbitrage rebate
requirement of Section 148 of the Internal Revenue Code of 1986, as amended (the
"Code"), is applicable to the Tax-Exempt Bonds, take all actions necessary to comply
(or to be treated as having complied) with that requirement in connection with the Tax-
Exempt Bonds, including the calculation and payment of any penalties that the City
has elected to pay as an alternative to calculating rebatable arbitrage, and the payment
of any other penalties if required under Section 148 of the Code to prevent interest on
j the Tax-Exempt Bonds from being included in gross income for federal income tax
purposes The City certifies that it has not been notified of any listing or proposed
listing by the Internal Revenue Service to the effect that it is a bond issuer NNhose
arbitrage certifications may not be relied upon
SECTION 15 - Desiznatioi of Tar-Erenipt Bonds as "Qualified Tar-Erenipt
iObligations. " The City has determined and certifies that (a) the Tax-Exempt Bonds
are not"private activity bonds" within the meaning of Section 141 of the Code, (b) the
reasonably anticipated amount of tax-exempt obligations (other than pnvate actn ity
bonds and other obligations not required to be included in such calculation) uhieh the
City and any entity subordinate to the City (including any entity that the City controls,
i
that derives its authority to issue tax-exempt obligations from the City, or that issues
tax-exempt obligations on behalf of the City) will issue during the calendar year in
which the Tax-Exempt Bonds are issued will not exceed $10,000,000; and (c)the
amount of tax-exempt obligations, including the Tax-Exempt Bonds, designated by the
City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the
Code during the calendar year in which the Tax-Exempt Bonds are issued does not
501870690y 12 LTGO Bands, 2003,Series A, B and C
exceed $10,000,000. The City designates the Tax-Exempt Bonds as "qualified tax-
exempt obligations" for the purposes of Section 265(b)(3) of the Code.
SECTION 16. - Re tnidnigor Defeasance of the Bards. The City may
issue refunding bonds pursuant to the laws of the State of Washington or use money
available from any other lawful source to pay when due the principal of and interest on
any of the Bonds, or any portion thereof included in a refunding or defeasance plan,
and to redeem and retire, refund or defease such then-outstanding Bond (hereinafter
collectively called the "defeased Bond") and to pay the costs of the refunding or
defeasance If money and/or direct obligations of the United States of ,kmerica
` maturing at a time or times and bearing interest in amounts (together with money, if
necessary) sufficient to redeem and retire, refund or defease the defeased Bond in
accordance with its terms are set aside in a special trust fund or escrow account
irrevocably pledged to that redemption, retirement or defeasance of the defeased Bond
(hereinafter called the "trust account"), then all right and interest of the owner of the
defeased Bond in the co%enants of this ordinance and in the funds and accounts
obligated to the payment of the defeased Bond shall cease and become N oid The
I owner of the defeased Bond shall have the right to receive payment of the principal of
and interest on the defeased Bond from the trust account The defeased Bond shall be
deemed no longer outstanding, and the City may apply any money in any other fund or
account established for the payment or redemption of the defeased Bond to any lav ful
purposes as it shall determine.
�i
SECTION 17 - Bond Fund, Project Fund and Deposit and Use of Bard
Proceeds The Bond Fund is created and established in the office of the Finance
I
Director as a special fund designated the Limited Tax General Obligation Bond Fund,
2003 (Series A, B and C), for the purpose of paying principal of and interest and any
prepayment fee on the Bonds. All taxes collected for and allocated to the pa)ment of
the principal of and interest on the Bonds shall be deposited in the Bond Fund.
A sufficient amount of the proceeds of the Senes A Bond shall be�kired
on the delivery date of the Series A Bond by the Bank on behalf of the City to U S.
Bank National Association to repay and retire the U S Bank Loan The remaining
50381%9% 13 LTGO Bonds, 2003, Series A, B and C
proceeds of the Series A Bond shall be used by the City to repay the Water Fund for its
internal financing of the Kent Station project and to pay costs of issuance allocable to
the Series A Bond.
All of the proceeds of the Series B Bond shall be deposited in the City's
2002 LTGO Projects Fund, previously created and established in the office of the
Finance Director, and shall be used to carry out the Series B Project and pay costs of
issuance allocable to the Series B Bond Until needed to pay those costs, the City may
invest principal proceeds temporarily in any legal investment, and the investment
earnings may be retained in the 2002 LTGO Projects Fund and be spent for the Series
B Project.
A sufficient amount of the proceeds of the Series C Bond shall be
" deposited in the bond fund for the Refunded Bonds and used to carry out the
Refunding Plan. The City shall use the remaining proceeds of the Series C Bond to
pay costs of issuance allocable to the Series C Bond.
SECTION 18. - Approvals Transactions The Bank has offered to
purchase the Bonds under the terms and conditions provided in the Proposal Letters,
which written Proposal Letters are on file with the City and are incorporated herein by
this reference The City Council finds that accepting an offer by the Bank on
substantially the same terms and conditions as set forth in the Proposal Letters is ui the
City's best interest and therefore the City accepts such offer. This ordinance shall be
deemed a covenant to comply with all terms and conditions set forth in the Proposal
Letters.
The City shall pay or reimburse the Bank for its legal expenses as
provided in the Proposal Letter, not to exceed $500 for each separate series of Bonds
Banc of America Securities LLC shall be paid a structuring fee in the total amount of
$37,590 for the Bonds.
The Bond will be prepared at the City's expense and will be delivered to
the Bank, together with the approving legal opinion of Foster Pepper& Shefelman
PLLC, municipal bond counsel of Seattle, Washington, regarding the Bond.
50387069 W 14 LTGO Bonds, 1003, Series A, B and C
The proper City officials are authorized and directed to do everything
necessary for the prompt sale and delivery of the Bond to the Bank and for the proper
application and use of the proceeds of the sale thereof.
i
SECTION 19 — Severabilrty If any one or more sections, subsections,
or sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 20- E fectrve Date This ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication as provided
by law.
I
i
JIM WHITE, MAYOR
ATTEST•
BRENDA JACOBER, CITY CLERK �
.APPROVED AS TO FORM
i
FOSTER PEPPER& SHEFELMAN PLLC
Special Counsel and Bond Counsel
PASSED- day of December, 2003
APPROVED day of December, 2003.
PUBLISHED day of December, 2003
P mIi1MIMA\f 1 Iu Irlli`ne.N4 4
503870 906 15 LTGO Bonds, 2003, Series A, B and C
CERTIFICATION
1, 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 December 9, 2003, as that
ordinance appears on the minute book of the City; and the Ordinance will be in full
force and effect five days after the publication of its summary in the City's official
jnewspaper; and
2. A quorum of the members of the City Council was present throughout the
Imeeting and a majority of those members present voted in the proper manner for the
passage of the Ordinance.
J
IN WITNESS WHEREOF, I have hereunto set my hand this _ day of
December, 2003.
CITY OF KENT, WASHINGTON
I�
BRENDA JACOBER, City Clerk
i
P +J+MIM1AVIll l+ii M.�s Ub...VY4
5036706906 16 LTGO Bonds, 2003, Series A, B and C
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: ACCOUNTS RECEIVABLE WRITE-OFF —APPROVE
2. SUMMARY STATEMENT: The Washington State Auditor's office recommends
that the City write-off uncollectible accounts that are over one year old. This year the
write-off request is for $9,252.51 for accounts from 1992 through 2002 of
miscellaneous Accounts Receivable, Utility Billing receivables and customer accounts.
3 EXHIBITS: Memo from Finance Director Miller
• 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. 6L
FINANCE
May Miller, Director
Phone 253-856-5260
41 KENT Fax 253-856-6255
W A 5 H I N G T G N Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: November 6, 2003
TO: Kent City Council Operations Committee,,
FROM: May Miller, Finance Director
THROUGH- Mike Martin
SUBJECT: Accounts Receivable Write-Offs
MOTION: I move to recommend authorization of miscellaneous Accounts Receivable,
Utility Billing, and customer write-offs of$9,252.51 for accounts from 1992 through 2002.
4
SUMMARY: The Washington State auditor's office recommends that we write-off
uncollectible accounts that are over one year old This }ear the write-off request is for$9,252 51
for accounts from 1992 through 2002 of miscellaneous Accounts Receivable, Utility Billing
receivables and customer accounts
BUDGET IMPACT: No impact and within Bad Debt Accrual Amount
BACKGROUND: The total write-off for 2003 is $9,252 51 and includes
Amount Reason
Misc. Accounts Receivable 463.27 NSF/Out of State
Utility Billing Accounts 6,95734 Bankruptcy
Customer Accounts 1,83190 Process Failure (see attached)
The total write-off amount is less than .003% of our receivables and is the lowest in manv years
Kent Council Operations Committee l Accounts Receivable Write-Offs
2003 Write-offs
ACCOUNTS RECEIVABLE Write-offs:
DATE CUSTOMER AMOUNT SERVICE
06-Mar-02 R & M Trucking (returned mail, no ph#) 20477 Rock spill clean up
07-Jun-02 Alexis Easterbrook-Lewis 5600 NSF check, Parks program
30-Jun-92 Security Pacific 14250 Not cost effective
27-Dec-02 David Brooks 6000 NSF check, Parks program
Total A/R Write-offs: $463.27
UTILITY BILLING Write-offs:
DATE CUSTOMER AMOUNT
1998 Gayden 8921 Bankruptcy
1998 Guy 5507 Bankruptcy
1998 Ezelle 24480 Bankruptcy
1998 Smith 92582 Bankruptcy
1998 Carr Auto Center 16056 Bankruptcy
199E H D Hotspurs 4,48886 Bankruptcy/Chapter 11
1999 Boston Market 2672 Bankruptcy/Chapter 11
1999 Boston Market 96630 Bankruptcy/Chapter 11
$6,957.34
CREDIT CARD Write-offs:
DATE CUSTOMER AMOUNT
2002 Credit Cards/Golf Course 1,831 90 System processing issue '
$1,831.90
'This was an isolated instance at the Golf Course involving five days of credit card receipts Riverbend credit
card sales totaling $ 21,380 39 were not credited to the bank account The city re-entered these transactions
and recovered $19,548 49 of these funds The credit card dates had expired for$1,831 90 and this amount
could not be recovered The City implemented corrective policies and procedures as well as provided
employee training to resolve this matter These policies and procedures include daily verification of credit
card transactions to the bank No other credit card problems has occurred since this initial problem
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The City's A/R Collection Process
1. Invoices are marled throughout the month. Invoices are due 30 days from invoice
date.
2. Each month, on or about the 15`h (fifteenth) of the month, a collection letter is sent
out on each delinquent account. The letters vary in intensity based on the level of
delinquency. If a phone number is available then the customer may be called.
3. If after several attempts we have still not received payment from the customer, the
department that issued the invoice is notified. At this point the issuing department
may write a letter or call the customer directly.
4. The Legal department is notified of delinquent invoices of significant amounts If the
Legal department deems the invoice collectable, they may take the individual or
company to court to recoup the invoiced amount or they may recommend transferring
the account to a collection agency.
5. At the end of each month,a statement is sent out to all customers with account
balances.
Al
Kent City Council Meeting
Date December 9, 2003
Category Consent
I SUBJECT: 2003 BUDGET ADJUSTMENT ORDINANCE- ADOPT
2. SUMMARY STATEMENT: Authorization is requested to approve the
technical gross budget adjustment ordinance totaling $16,070,136 Ibr budget
adjustments made between July I and December 31, 2003. The net amount,
excluding transfers and inteinal service changes, is S8,483.996. This ordinance is
primarily a housekeeping adjustment, consolidating individual budget items into one
adjustment ordinance
3 EXHIBITS: Memo from May Miller, Finance Director
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURES REOUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councihnember moves, Councilmember seconds
Di Sf i SiONT.
ACTION
Council Agenda
Item No.
FINANCE
May Miller, Director
Phone 253-856-5260
K E N T Fax 253-856-6255
w s ti i N G T o N Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: November 24, 2003
TO: Kent City Council Operations Committee
FROM: May Miller, Finance Director
THROUGH: Mike Martin
( SUBJECT: 2003 Second Half Budget Amendment - Ordinance
MOTION: I move to recommend adoption of the 2003 Second Half Budget Adjustment
Ordinance approving adjustments made between July I and December 31, 2003 totaling
S16,070,136 and approving a line of credit in an amount not to exceed S200,000 to the
housing and community development fund.
SUMMARY: Authorization is requested to approve the technical gross budget adjustment
ordinance totaling $16,070.136 for budget adjustments made between July 1 and December 31,
2003. The net amount, excluding transfers and internal service changes, is $8,483,996 This
ordinance is primarily a housekeeping adjustment, consolidating individual budget items into one
adjustment ordinance. Please note that $5,162,215 was previously approved by Council These
1 were primarily for projects
1
BUDGET IMPACT:
BACKGROUND: Of the $10,907.921 not yet approved by Council, $7,518,000 is related to
bonds to be issued as recommended by Operations on November 18 An additional $1.175,000
is to adjust the Special Assessments Budget to accommodate prepayments received and
$249,873 is for increased auto parts usage by Fleet Services resulting from their aggressive
preventive matntenance program Other items are largely reallocation of projects and routine
recognition of project revenue as well as $375.000 for Engineering renovation with funds from
Water, Sewer, Drainage, and CIP Approximately $2,661,000 of 2000-2002 LTGO Bonds
savings m the Kent Station and parking garage projects are reallocated $1,400,000 to
Transportation for 84`h Street rehab and 116`h Ave improvements due to loss of I-776 revenue for
2003-2004; $750,000 for facility safety improvements, and, $511359 for Public Safety
improvements (primarily at Corrections) The bond savings resulted from Public Work's
acquiring grants for the Kent Station and parking garage projects and from bond interest earned
Kent Council Operations Committee 2003 2"d Half Budget Amendment-Ord
Updated 12/2/03
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington,
amending the 2003 Budget for adjustments made between
July 1,2003, and December 31,2003,and authorizing a short
term loan from the General Fund to the Housing and
Community Development Fund (CDBG) to cover year-end
I
expenditures.
THE CITY COUNCIL OF THE CITY OF KENT,WASHMTON,DOES
HEREBY ORDAIN AS FOLLOWS:
.I
i
SECTION 1. —Bud eQ t Ad1ustnrents The 2003 City budget is amended to
include budget fund adjustments as summarized and set forth in Exhibit "A,"which is
incorporated into this ordinance
i
SECTI&V 2. — Housine & Comnnuutr Development Fund— Short Term
Loan. There is hereby established, as part of the 2003 budget, a short-term loan from the
General Fund to the Housing and Community DeN elopment Fund (CDBG) in an amount
not to exceed $200,000 to cover year-end expenditures. These funds may only be used as
I needed
Ij
SECTION 3. — Severabdity. If any section, sentence, clause or phrase of
this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance
1 2003 -Budget Adjustment-
Second Hal
SECTION 4. — Effective Date. This ordinance shall take effect and be in
force five(5)days from and after its passage,approval and publication as provided by law
JIM WHITE, MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM-
TOM BRUBAKER, CITY ATTORNEY
i
PASSED. day of December, 2003
APPROVED day of December, 2003
1 I PUBLISHED. day of December, 2003
�I
i
I hereby certify that this is a true copy of Ordinance No pas
by the City Council of the City of Kent,Washington,and appro-,ed by the Mayor of the Cat
of Kent as hereon indicated.
I I
I
(SEAL)
BRENDA JACOBER, CITY CLERK
P Cmf.ORDINANCC,BudgnAdimim m 2003-2nddm
2 2003 -Budget Adjushnenl
Second ZI
City of Kent
Budget Adjustment Ordinance
Adjustments July 1, 2003 to December 31, 2003
Exhibit A
Adjustment
Fund Title Ordinance
001 General Fund 41,294
110 Street Fund (324,147)
130 Lodging Tax Fund (65,000)
140 Youth/Teen Fund 0
150 Capital Improvement Fund 406,852
160 Criminal Justice Fund 168,941
170 Environmental Fund 3
180 Housing & Comm Dev Fund 200,000
190 Other Operating Projects Fund (23,192)
210 Voted Debt Service Fund 0
220 Non-Voted Debt Service Fund 0
250 Spec Assess Debt Service Fund 1,175,000
310 Street Capital Projects Fund 1,446,387
320 Parks Capital Projects Fund 961,121
330 Other Capital Projects Fund 9,785,016
340 Technology Capital Projects 0
350 Facilities Capital Projects 1,500,243
410 Water Operating Fund 94,371
440 Sewerage Operating 213,647
480 Golf Operating (2,225)
510 Fleet Services Fund 249,856
520 Central Services Fund (32)
530 Fire Equipment Fund 160,000
540 Facilities Management Fund 37,001
560 Insurance Fund 30,000
620 Firefighters Pension Fund 15,000
680 Agency and Clearing Fund 0
701 Kent Economic Dev Corp 0
Total Gross Budget Change 16,070,136
Less
Internal Service Funds 0
Other Transfers (5,136,670)
Internal Transfers (2,449,470)
Subtotal (7,586,140)
Total Net Budget Change 8,483,996
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• Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: COMPREHENSIVE PLAN AMENDMENT— SCHOOL
DISTRICTS' CAPITAL FACILITIES PLANS ORDINANCE —
ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to
CPA-2003-3, which amends the Capital Facilities Element of the Comprehensive plan
to include the amended Capital Facilities Plans of the Kent and Federal Way School
Districts, and which includes for the first time the Auburn School District's Capital
Facilities Plan.
3. EXHIBITS: Ordinance and cover page of its referenced exhibits. Complete copies
of the school district plans are available for perusal in the City Clerk's Office.
• 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. 6N
i
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the City of Kent
Comprehensive Plan to amend the Capital Facilities
j Element of the Comprehensive Plan to include the Capital
Facilities Plans of the Kent, Federal Way, and Auburn
School Districts (CPA-2003-3).
i
I
' I I
WHEREAS, the Washington State Growth Management Act ("GMA")
requires internal consistency among comprehensiN e plan elements and the plans from
I
other jurisdictions, and
WHEREAS,to assure that comprehensi\e plans remain releN ant and up to
date, the GMA allows amendments to the capital facilities element of comprehensive
Plans concurrently with the adoption or amendment of a city budget RCW
36.70A 130(2)(111)); and
WHEREAS,the City of Kent has established procedures for amending the
Comprehensive Plan in chapter 12.02 of the Kent City Code, allowing amendment of the
Capital Facilities Element of the Comprehensive Plan concurrently with the adoption or
amendment of the City budget and allowing the City Council to hold the public hearing
instead of the Land Use and Planning Board, and
WHEREAS,the Kent and Federal Way School Distncts have submitted
i
proposed amendments to their Capital Facilities Plans to be included in an amendment of
the City's Capital Facilities Element of the Comprehensive Plan; and
1 Comprehensive Plan Amendments
School Districts'Capital Facilities Plans
i
WHEREAS, the Auburn School District has submitted its Capital
Facilities Plan to the City for the first time to be included in an amendment of the City's
Capital Facilities Element of the Comprehensive Plan; and
WHEREAS,after providing appropriate public notice,the City Council of
the City of Kent considered the requested comprehensive plan amendment and
conducted a public hearing on the same on September 16, 2003; and
i
I
I
WHEREAS, on August 20, 2003, the City provided the required sixty
(60) day notification under RCW 36.70A 106 to the state of Washington of the City's
proposed amendment to the Capital Facilities Element of the Comprehensive Plan; and
WHEREAS, the sixty (60) day notice period has lapsed; and
WHEREAS,on December 9, 2003, the City Council for the City of Kent
approved the Capital Facilities Element amendment CPA-2003-3 to include the Capital
Facilities Plans of the Kent, Federal Way, and Auburn School Districts, as set forth in
Exhibit "A" attached and incorporated by this reference (CPA-2003-3), NOW, '
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. -Amendment. The Capital Facilities Element of the City of
Kent Comprehensive Plan is hereby amended to include the Capital Facilities Plans of
the Kent,Federal Way,and Auburn School Districts,as set forth in Exhibit"A"attached
I
and incorporated by this reference (CPA-2003-3)
2 Comprehensive Plan Amendments
School Districts'Capital Facilities Plans
SECTIONZ -Severabilih. If any one or more sections,sub-sections,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.
SECTIONS. -Effectrve Date This Ordinance shall take effect and be in
force thirty (30) days from and after the date of passage as provided by law.
I
JIM WHITE, MAYOR
ATTEST
' BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
PASSED day of 2003
APPROVED day of , 2003.
PUBLISHED day of 2003.
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.
it
(SEAL)
BRENDA JACOBER, CITY CLERK
P\C1%d,0RD1NANCE CompPlanAmend schoalDisinns CapaalFxdmcsPlms_'oo3 dm
3 Comprehensive Plan Amendments
School Districts'Capital Facilities Plans
EXHIBIT "A"
r
i
A � _ fix, ti g
2003 — 2004 - 2006 - 2009
VU
Liu �OCu M
Et a � lit,
I �
j
.1 OEM
Emmld Park EIe Lary Site Emerald Park Elememary School Emcnld Park E.lema wy
Serving `unincorporated King County
and
Kent, Covington, Auburn, JKapfe `vaffey, O£ackOiamond, 1�nton, Sea7ac,
Washington
Apri[2003
I
1 Federal Way Public Schools �
� 2003/04
� Capital Facilities Plan
0
� � s
i
r
i
i
i
� Buildingfor the 21s' Century
I
r�
V
AUBURN SCHOOL DISTRICT No. 408
CAPITAL FACILITIES PLAN
2003 through 2009
AUBURN SCHOOL DISTRICT
"Avenue to Excellence"
Serving Students in:
Unincorporated King County
Unincorporated Pierce County
City of Aubum
City of Algona
City of Pacific
I
Adopted by the Auburn School District Board of Directors
May 12, 2003
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: REVISIONS TO KENT CITY CODE CHAPTER 12.13 — SCHOOL
DISTRICT IMPACT FEES ORDINANCE—ADOPT
2 SUMMARY STATEMENT: Adoption of Ordinance No. relating to
CPA-2003-3, which amends the school impact fee schedule contained in section
12.13.160 of the Kent City Code to reflect changes in the Kent and Federal Way School
Districts' Capital Facilities Plans, and includes for the first time the Auburn School
District's Capital Facilities Plan.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc.)
I
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_
I
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 60
I
ORDINANCE NO.
l
AN ORDINANCE of the City Council of the City
of Kent, Washington,amending Section 12.13 160 of the
Kent City Code to amend the school impact fee schedule
(CPA-2003-3).
i
WHEREAS, the City of Kent adopted a school impact fee program as
authorized by the Growth Management Act and RCW 82 02 050; and j
i
WHEREAS, chapter 12.13 070 of the Kent City Code requires that the
Capital Facilities Plans of the school districts be submitted to the City of Kent on an
annual basis for City Council review, and that such rev jew shall occur in conjunction
with any update of the Capital Facilities Element of the City's Comprehensw e Plan, and
WHEREAS,the Kent and Federal Way School Distncts ha\e requested
amendments to the text of the Comprehensive Plan to reflect proposed chagges to 1
impact fees, and
WHEREAS, the Auburn School District has submitted its Capital
Facilities Plan to the City for the first time to be included in an amendment of the City's
Capital Facilities Element of the Comprehensive Plan, and
i
WHEREAS, on August 20, 2003, the City provided the required sixty
(60)day notification under RCW 36.70A.106 to the state of Washington of the City's
proposed amendment to the Capital Facilities Element of the Comprehensive Plan,and
l School Impact Fee-2003
WHEREAS, the sixty (60) day notice period has lapsed; and
WHEREAS,after a public hearing before the City Council on September
16, 2003, the City Council on December 9, 2003, approved Comprehensive Plan
Amendment CPA-2003-3 to include the Capital Facilities Plans of the Kent, Federal
I�
Way,and Auburn School Districts, which include changes in proposed impact fees as
follows. Federal Way School District decrease to S3,269 00 for single-family and
decrease to $940.00 for multifamily units; Kent School District increase to S4,292 00
for single-family and increase to S2,643 00 for multifamily; and Auburn School Distnct
establish $4,528.00 for single-family and $1,212.00 for multifamily; and
WHEREAS, it is necessary to amend section 12.13.160 of the Kent City
Code to reflect the Comprehensive Plan amendment that established a new base fee
schedule for the Federal Way School District of $3,269 00 for single-family and
$940 00 for multifamily units, for the Kent School District of$4,292 00 for single-
family and S2,643.00 for multifamily,and for the Auburn School District of S4.528 00
for single-family and $1,212 00 for multifamily; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHIMTON, j
DOES HEREBY ORDAIN AS FOLLOWS.
SECTION1. -Amendment. Section 12 13.160 of the Kent CityCode is
hereby amended as follows.
Sec. 12.13.160. Base fee schedule. The following fee shall be assessed for the
indicated types of development.
School District Single Family Alulti-family 1llulti-family studio
Kent, No. 415 $4,147 9A $2,554 00 $ 000
$4,292.00 $2,643 00
Federal Way, No. 210 $3,865 00 $1,886 00 $ coo
$3,269.00 $ 94000
Auburn, No 408 $4,528 00 S1,212 00 $ 0 00
2 School Impact Fee-2003
II
. SECTION -Severabrhn If anyone or more sections,subsections,or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this Ordinance and the same
shall remain in full force and effect.
i
SECTION3. -Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as provided
by law.
JIM WHITE, MAYOR
ATTEST.
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
1
PASSED. day of 2003
APPROVED- day of 2003.
PUBLISHED day of 12003.
I hereby certify that this is a true copy of Ordinance No
1 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�Cml ORDINANCE%Sah.11mp.(20U3 do
3 School Impact Fee-2003
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: 2003 ANNUAL COMPREHENSIVE PLAN AMENDMENT
ORDINANCE —ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to the
2003 Comprehensive Plan Amendments CPA-2003-4(A), CPA-2003-4(B), and
CPA-2003-4(C), which amends the comprehensive plan land use designations for
property more specifically identified in the Ordinance.
3. EXHIBITS: Ordinance and its referenced exhibits
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. 6P
i
ORDINANCE NO.
r
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the City of Kent
' Comprehensive Plan as follows: (1) to change the land
use map designation from Single Family, three (3) units
per acre (SF-3), to Single Family, six (6) units per acre
(SF-6) for property located at 21907 1001h Avenue
Southeast (CPA-2003-4(A)), and (2) to change the land
use map designation from Single Family,six(6)units per
acre(SF-6), to Neighborhood Services(NS)for property
located at 11525 SE 240'`' Street (CPA-2003-4(C))
f
i
I
WHEREAS, the Washington State Growth Management Act ("GMA")
requires internal consistency among comprehensive plan elements and the plans from
other jurisdictions; and
I I
I
WHEREAS,to assure that comprehensive plans remain relevant and up to
date,the GMA requires each jurisdiction to establish procedures w hereby amendments to
the plan are considered by the city council (RCW 36 70A 130(2)), and limits these
amendments to once each year unless certain circumstances exist, and
WHEREAS, the City of Kent has established a procedure for amending
the Comprehensive Plan in chapter 12 02 of the Kent City Code,which sets a deadline of
September Ist of each year for submittal of requests for comprehensne plan
amendments, and
WHEREAS, the City received three(3)timely applications to amend the
comprehensive plan's land use plan map designation, and those applications involve
1 2003 Comprehensive Plan Amendments
parcels located at: (1) 21907 100`h Avenue Southeast (CPA-2003-4(A)), (2) 11644 SE
2401h Street (CPA-2003-4(B)); and (3) 11525 SE 240`h Street (CPA-2003-4(C)), and
WHEREAS, the parcel at 21907 1001h Avenue Southeast is currently
designated Single Family Residential, three(3)units per acre(SF-3),and the applicants
are requesting a plan designation to Single Family Residential,six(6)units per acre(SF-
6) (CPA-2003-4(A)); and
WHEREAS, the parcel at 11644 SE 240`h Street is currently designated
Single Family Residential, six (6) units per acre (SF-6), and Neighborhood Services
(NS), and the applicants are requesting a plan designation of Neighborhood Services
(NS) (CPA-2003-4(B)); and
WHEREAS, the parcel at 11525 SE 240`h Street is currently designated
Single Family Residential,six(6)units per acre(SF-6),and the applicants are requesting
a plan designation of Neighborhood Services (NS) (CPA-2003-4(C)), and
WHEREAS, the City of Kent Land Use and Planning Board considered
I
CPA-2003-4(A), CPA-2003-4(B)and CPA-2003-4(C), conducted a public hearing of the
same on October 27, 2003; and made the following recommendations: the conditional
approval of CPA-2003-4(A), denial of CPA-2003-4(B), and denial of CPA-2001-4(C).
and
WHEREAS, he proposed amendments of CPA-2003-4(A) and CPA-
2003-4(C) are consistent with the standards of review for comprehensive plan
amendments outlined in section 12.02.050 of the Kent City Code; and
i
WHEREAS,on November 18,2003,the City Council for the City of Kent
approved the comprehensive plan amendment CPA-2003-4(A) to amend the
comprehensive plan designation for the parcel of property located at 21907 100`h Avenue
Southeast with the condition that approval is contingent upon completion and recording
2 2003 Comprehensive Plan Amendments
of storm water and open space tracts on the subject site consistent with the approvals of
the Kara Crest and Cofield Subdivisions; and
WHEREAS,on November 18,2003,the City Council for the City of Kent
denied the comprehensive plan amendment CPA-2003-4(B) for the parcel of property
located at 11644 SE 2401h Street; and
WHEREAS,on November 18,2003,the City Council for the City of Kent
approved the comprehensive plan amendment CPA-2003-4(C) to amend the
comprehensive plan designation of the parcel of property at 11525 SE 2401h Street on the
follow mg conditions (i) that if Russ Hanscom, of Arbor Village Assisted Living, or its
assocrate(s),can purchase the property, no later than March 15,2004,and develop it as a
senior oriented public park in perpetuity,then the property land use designation w ill not
jbe amended,(n)that if that proposal described in(i)aboN e fails,the land use designation
will amend to Neighborhood Services(NS)effective at midnight on March 16,2004,and
(ni) that if an altematn e park project different from (i) above is proposed by Russ
Hanscom, the City Council must %ote on that proposal before midnight on March 16,
2004; and
WHEREAS on September 12 2003,the City ProN ided the required sixty
I
(60) day notification under RCW 36.70A.106 to the state of Washington of the City's
proposed amendment to the Comprehensn e Plan, and
WHEREAS, the sixty (60) day notice period has lapsed; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
3 2003 Comprehensive Plan Amendments
SECTION 1. - Amendments The City of Kent Comprehensive Plan
adopted by Ordinance No. 3222, as subsequently amended, is hereby amended to
establish new land use designations for the following parcels:
A. For the property located at 21907 100 Avenue Southeast, from a plan
designation of Single Family three (3) units per acre (SF-3) to a plan
designation of Single Family six units per acre(SF-6),as depicted in the
map attached as Exhibit "A" and incorporated by this reference (CPA-
2003-4(A)), with the condition that approval is contingent upon
completion and recording of storm water and open space tracts on the
PP
subject site consistent with the approvals of the Kara Crest and Cofield
J
Subdivisions; and
B. For the property located at 11525 SE 240`h Street from Single Family six
(6)units per acre (SF-6)to a plan designation of Neighborhood Services
(NS),as depicted in the map attached as Exhibit"B"and incorporated by
this reference(CPA-2003-4(C)) with the follow ing conditions. (i) that if
Russ Hanscom, of Arbor Village Assisted Living, or its associate(s) can
purchase the property,no later than March 15, 2004, and develop it as a
senior oriented public park in perpetuity, then the property land use
designation will not be amended, (n)that if that proposal described in(1)
aboN e fails, the land use designation shall be amended to Neighborhood
Seri ices (NS) effective midnight on March 16, 2004, and (ui)that if an i
alternative park project different from (i) above is proposed by Russ
Hanscom, the City Council must vote on that proposal before midnight t
on March 16, 2004
SECTION2. -Sererabiliti• If anyone or more sections,sub-sections,or
sentences of this Ordinance are held to be unconstitutional or im alid,such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall
remain in full force and effect
SECTION3. -Ef(ecave Dare This Ordinance shall take effect and be in
force thirty (30) days from and after the date of passage as pro,ided by law.
JIM WHITE, MAYOR
4 2003 Comprehensive Plan Amendments
I ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED day of , 2003
APPROVED day of . 2003
' PUBLISHED day of 2003
I
I hereby certify that this is a true copy of Ordnance 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 P Cial ORDI\ANCEC..,PlenAm d 2003 J«
I
I
5 2003 Comprehensive Plan Amendments
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• Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: 2003 ZONING IMPLEMENTATION ORDINANCE - ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to
zoning map changes CPZ-2003-2, CPZ-2003-3, and CPZ 2003-4, which amends zoning
map designations for property more specifically identified in the ordinance.
3. EXHIBITS: Ordinance and its referenced exhibits
I
I • 4. RECOMMENDED BY: Council
E (Committee, Staff, Examiner, Commission, etc.)
I
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. 6Q
ORDINANCE NO.
I
� III
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the Kent Zoning Map to
change the zoning designations as follows: (1) from
Single Family, 3 63 unit per acre (SR-3), to Single
Family, 6.05 units per acre (SR-6) for property located at
�I 21907 100'" Avenue Southeast (CPZ-2003-2); and (2)
from Single Family, 6.05 units per acre (SR-6), to
Neighborhood Convenience Commercial (NCC) for
property located at 11525 SE 2401h Street (CPZ-2003-4)
I �
�I
WHEREAS, pursuant to the «'ashington Growth Management Act
I ("GMA"), the City of Kent accepts applications for comprehensi%e plan amendments
once each year, and
I
WHEREAS, the City of Kent received applications to amend the
comprehensive plan's land use map designations, and three (3) of those applications
involve properties requesting corresponding area wide amendments to the zoning map
designation of parcels with the folloti ing addresses (1) 21907 100°i Avenue Southeast
(CPZ-2003-2); (2) 11644 SE 240" Street(CPZ-2003-3), and (3) 11525 SE 240'' Street
(CPZ-2003-4), and
WHEREAS,the City of Kent Land Use&Planning Board held a public
hearing on the proposed comprehensive plan and zoning map amendments on October
27,2003,and made the following recommendations: the conditional approval ofCPZ-
2003-2, the denial of CPZ—2003-3, and the denial of CPZ-2003-4; and
1 2003 Zoning Amendments
WHEREAS, on November 18, 2003, the Kent City Council made the
following decisions on the zoning amendments.
A For the property located at 21907 100`h Avenue Southeast, approve a
zoning designation amendment from Single Family, 3.63 units per acre
(SR-3),to a zoning designation of Single Family, 6.05 units per acre(SR-
6), as depicted in the map attached as Exhibit"A-I"and incorporated by
this reference (CPZ-2003-2), with the condition that the approval is
contingent upon completion and recording of storm water and open space
tracts on the subject site consistent with the approvals of the Kara Crest
and Cofield Subdivisions; and
B. For the property located at 11644 SE 240`h Street, deny a zoning
designation amendment from Single Family, 6 05 units per acre(SR-6),
to a zoning designation of Neighborhood Comemence Commercial
(NCC) (CPZ-2003-3); and
C. For the property located at 11525 SE 240`h Street, approve a zoning
designation amendment from Single Family, 6 05umts per acre(SR-6),to
a zoning designation of Neighborhood Convenience Commercial(NCC),
as depicted in the map attached as Exhibit"B-l"and incorporated by this
reference (CPZ-2003-4) with the following conditions: (i) that if Russ
Hanscom, of Arbor Village Assisted Living. or its associate(s) can
purchase the property, no later than March 15, 2004, and develop it as a
senior oriented public park in perpetuity, then the property zoning
designation will not be amended, (u) that if the proposal described in (i)
above fails, the zoning designation shall be amended to Neighborhood
Conti enience Commercial(NCC)effectn e midnight on March 16. 2004.
and (ill) that if an alternative park project different from (i) above is
proposed by Russ Hanscom,the City Council must vote on that proposal
before midnight on March 16, 2004, and
jWHEREAS, on September 12, 2003, the City provided the required
sixty(60) day notification under RCW 36 70A.106 to the state of Washington of the
City's proposed amendment to the zoning designations; and
WHEREAS, the sixty (60) day notice period has lapsed, NOW,
THEREFORE,
40
2 2003 Zoning Amendmieuts
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION]. -Amendment The City of Kent zoning map is amended to
establish a new zoning map designation for the property located at 21907 1001h Avenue
Southeast, Kent,Washington,and legally described on the attached Exhibit "A,"from a
zoning designation of Single Family,3 63 units per acre(SR-3),to Single-Family,6 05
units per acre (SR-6), as depicted in the attached Exhibit "A-1," incorporated by this
reference,with the condition that approval is contingent upon completion and recording
of storm water and open space tracts on the subject site consistent with the approvals of
the Kara Crest and Cofield Subdivisions; and.
SECTION2. -Amendment The City of Kent zoning map is amended to
establish a new zoning map designation for the property located at 11525 SE 2401h
Street, Kent, Washington, and legally described on the attached Exhibit "B," from a
i
zoning designation of Single Family, 6.05units per acre(SR-6). to a zoning designation
of Neighborhood Convenience Commercial (NCC). as depicted in the map attached as
Exhibit"B-I"and incorporated by this reference, with the follo�N mg conditions (i)that
if Russ Hanscom,of Arbor Village Assisted Ln ing,or its associate(s)can purchase the
property no later than March 15, 2004 and deg elop it as a senior oriented public park in
perpetuity, then the property zoning designation w ill not be amended, (ii) that if the
l
proposal described in (i) above fails, the zoning designation shall be amended to
jNeighborhood Convenience Commercial (NCC) effectiN c midnight March 16, 2004,
and(in)that if an alternative park project different from(i) above is proposed by Russ
Hanscom, the City Council must vote on that proposal before midnight on March 16,
2004(CPZ-2003-4);
SECTION 3. -Severabilin, If anyone or more sections,subsections,or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this Ordinance and the same
shall remain in full force and effect.
' 3 2003 Zoning Amendments
SECTION4. -.Effective Date This Ordinance shall take effect and be in
force thirty(30)days from and after the date of passage and publication as provided by
law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
I
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
�I
PASSED day of 2003
.I
j APPROVED day of 12003.
I
PUBLISHED day of 2003.
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%Cnd OBUINANCEZmmngMapAmcnd 2007 duc
4 2003 Zoning Amo dments
� 1-Ut-IELU AMENDMENT
NV-2003-31/KIVA#2032637
CPA-2003-4(A)/CPZ-2003-2/KIVA 2032620
(William Osborne, Planner)
LEGAL DESCRIPTION:
LOT 2, CITY OF KENT SHORT PLAT NO. SP-99-1, RECORDED UNDER RECORDING NO.
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The northeast quarter of the northeast quarter of the northeast
quarter of the northeast quarter of Section 20, Township 22 North,
Range 5 East, W.M. , in King County, Washington;
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recorded under Recording Number 8812130026.
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• Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
i 1 SUBJECT: PINERIDGE FINAL PLAT —APPROVE
i
2. SUMMARY STATEMENT: Approve the final plat mylar for Pmendge
#FSU-2001-10, and authorize the Mayor to sign the mylar.
3. EXHIBITS: Staff memo, map and Hearing Examiner Conditions of Approval
I
i 4. RECOMMENDED BY: Community Development Dept. Staff
• (Committee, Staff, Examiner, Commission, etc )
I
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. 6R
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
KEN T Charlene Anderson,AICP, Manager
W A 5 MI MGT DM
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: November 24, 2003
TO: MAYOR IIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY
COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: MAYOR JIM WHITE
SUBJECT: PINERIDGE FINAL PLAT (4FSU-2001-10/KIVA #2032710)
MOTION: Approve the final plat mylar for Pincridge '"FSU-2001-10 and authorize the Mayor
to sign the mylar
SUMMARY: Randy Goodwin proposes to subdivide approximately 4 76 acres into
twenty-seven (27) single-family residential lots The property is located north of SE 234`h
Street, approximately 600 feet east of 116`h Avenue SE
BUDGET IMPACT: None
BACKGROUND: On January 30, 2002, the Hearing Examiner issued a Findings and Decision
granting preliminary approval of a 27-lot single-family residential subdivision, with 21
conditions The applicant has complied xi rth the conditions required prior to recording
S \Pernut'Tlan\longplats,,2001\2032710-2001-10cc DOC
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APPLICATION NAME: PINERIDGE KING COUNTY#LO1P0008
REQUEST: #ENV-2001-64 KIVA 42013917
#SU-2001-10 KIVA #2013919
SITE MAP North
PINERIDGE
#FSU-2001-10 KIVA #RPP5-2032710
King County File #L01 P0008
r On January 30, 2002, the City of Kent Hearing Examiner approved the Pinendge
Preliminary Plat with the following conditions
1. Compliance with all platting provisions of Title 19 of the King County Code
2. All persons having an ownership interest in the subject property shall sign on the
face of the final plat a dedication that includes the language set forth in King
County Council Motion No 5952
3 The plat shall comply with the base density and minimum density requirements of
the R-6 SO zone classification. All lots shall meet the minimum dimensional
requirements of the R-6 zone classification or shall be as shown on the face of
the approved preliminary plat, whichever is larger, except that minor revisions to
rthe plat which do not result in substantial changes may be approved at the
discretion of the Department of Development and Environmental Services
i
4 The existing structures on lots 7 and 25 shall maintain appropriate setbacks from
h the new property lines consistent with KCC 21A 12 030
5. All construction and upgrading of public and private roads shall be done in
accordance with the King County Road Standards established and adopted by
Ordinance No 11187, as amended (1993 KCRS)
6. The applicant must obtain the approval of the King County Fire Protection
Engineer for the adequacy of the fire hydrant, water main, and fire flow standards
of Chapter 17.08 of the King County Code
7 Final plat approval shall require full compliance with the drainage provisions set
forth in King County Code 9 04 Compliance may result in reducing the number
and/or location of lots as shown on the preliminary approved plat Preliminary
review has identified the following conditions of approval which represent
portions of the drainage requirements All other applicable requirements in KCC
9.04 and the Surface Water Design Manual (SWDM) must also be satisfied
during engineering and final review
a. Drainage plans and analysis shall comply with the 1998 King County
Surface Water Design Manual and applicable updates adopted by King
County. DDES approval of the drainage and roadway plans is required
prior to any construction
Pineridge
#FSU-2001-10 KIVA#RPP5-2032710
Conditions of Approval
b. Current standard plan notes and ESC notes, as established by DDES
Engineering Review, shall be shown on the engineering plans.
C. The following note shall be shown on the final recorded plat:
All building downspouts, footing drains, and drains from all impervious
surfaces such as patios and driveways shall be connected to the
permanent storm drain outlet as shown on the approved construction
drawings # on file with DDES and/or the King County
Department of Transportation. This plan shall be submitted with the
application of any building permit. All connections of the drams must be
constructed and approved prior to the final building inspection approval.
For those lots that are designated for individual lot infiltration systems, the
systems shall be constructed at the time of the building permit and shall
comply with plans on file "
d. The stormwater detention facility for this project shall meet the Level 2
Flow Control requirements in the 1998 King County Surface Water Design
Manual(KCSWDM).
e. A stormwater adjustment(L01V0050) was approved for this project All
conditions of approval for this adjustment shall be met with the submittal
of the engineering plans.
8. A detailed significant tree retention plan shall be submitted consistent with KCC
21A.38.230 with the engineering plans at the time of engineering review No
clearing of the subject property is permitted until the final tree retention plan is
approved by LUSD. Flagging and temporary fencing of trees to be retained shall
be provided, consistent with KCC 21A 38.23064. The placement of impervious
surfaces, fill material, excavation work, or the storage of construction materials is
prohibited within the fenced areas around preserved trees, except for grading
work permitted pursuant to KCC 21A 38.230B4d(2).
A note shall be placed on the final plat indicating that the trees shown to be
retained on the tree retention plan and shall be maintained by the future owners
of the proposed lots, consistent with KCC 21A.38.230B6. The tree retention plan
shall be included as part of the final engineering plans for the subject plat
9. The following road improvements are required for this subdivision to be
constructed according to the 1993 King County road Standards (KCRS)
Page 2 of 7
Pinerid
#FSU-2 e
FSU-2001-10 KIVA#RPP5-2032710
Conditions of Approval
a. Road A shall be improved at a minimum to the urban subaccess road
I standard
b FRONTAGE. The frontage along Southeast 2341h Street shall be
improved to the urban neighborhood collector standard
i
C. Tracts C and D shall be improved as private access tracts per Section
i 2 09 of the KCRS. Lots 13 through 16 shall have undivided ownership of
Tract D and be responsible for its maintenance A note to this effect shall
be placed on the engineering plans and final plat
d Tracts E and G shall be improved as joint use driveways per Section 3 01
of the KCRS. Lots 18 and 19 shall have undivided ownership of Tract E
and be responsible for its maintenance Tract G may be improved as a
k joint use driveway for lots 26 and 27 This will require Lots 26 and 27 to
f have undivided ownership of Tract G. A note to this effect shall be placed
on the engineering plans and final plat
I
e. Tract F shall be improved as a paved public pedestrian walkway in
accordance with the KCRS The location of the pedestrian tract shall be
coordinated with the adjoining plat of Birdsong Meadows LOOP0011 A
minimum 4-ft high fence is required on both sides of the walkway
f Modifications to the above road conditions may be considered according
to the variance provisions in Section 1 08 of the KCRS
There shall be no direct vehicular access to or from SE 234" Street from
those lots which abut it A note to this effect shall appear on the
engineering plans and final plat.
10 All utilities within proposed rights-of-way must be included within a franchise
approved by the King County Council prior to final plat recording.
11 The applicant or subsequent owner shall comply with King County Code 14 75,
Mitigation Payment System (MPS), by paying the required MPS fee and
administration fee as determined by the applicable fee ordinance The applicant
has the option to either. (1) pay the MPS fee at final plat recording, or (2) pay the
MPS fee at the time of building permit issuance If the first option is chosen, the
fee paid shall be the fee in effect at the time of plat application and a note shall
be placed on the face of the plat that reads, "All fees required by King County
Code 14.75, Mitigation Payment System (MPS), have been paid." If the second
option is chosen, the fee paid shall be the amount in effect as of the date of
building permit application
Page 3 of 7
Pineridge
#FSU-2001-10 KIVA#RPP5-2032710
Conditions of Approval
12. Lots within this subdivision are subject to King County Code 21A 43, which
Imposes impact fees to fund school system Improvements needed to serve new
development. As a condition of final approval, fifty percent (50%) of the Impact
fees due for the plat shall be assessed and collected Immediately prior to
recording, using the fee schedules in effect when the plat receives final approval
The balance of the assessed fee shall be allocated evenly to the dwelling units in
the plat and shall be collected prior to building permit Issuance.
13. Preliminary plat review has identified a small isolated Class III wetland on the
site. This wetland is exempt from regulation per KCC 21A 24.350.
14. A suitable recreation space shall be provided consistent with the requirements of
KCC 2 1 A 14.180 and KCC 21A.14.190 (I e., sport court[s), children's play
equipment, picnic table[s], benches, etc.). As proposed the recreation tract is
about 400 square feet smaller than the required 10, 530 square feet for a 27-lot
subdivision. A fee-in-lieu of recreation space may be acceptable subject to
approval by the King County Parks Division The amount of the fee shall be
determined by the King County Park System, consistent with the provisions of
KCC 21 A.14 185.
a An overall conceptual recreation space plan shall be submitted for review
and approval by DDES, with the submittal of the engineering plans, This I
plan shall include location, area calculations, dimensions, and general
improvements including landscaping in accordance with KCC 21A 16
Requirements. The approved engineering plans shall be consistent with
the overall conceptual plan.
b A detailed recreation space plan (i.e., landscape specs, equipment specs,
etc ) consistent with the overall conceptual plan, as detailed in item a ,
shall be submitted for review and approval by DDES and King County
Parks prior to or concurrent with the submittal of the final plat documents.
c A performance bond for recreation space improvements shall be posted
prior to recording of the plat.
d A homeowners' association or other workable organization shall be
established to the satisfaction of DDES which provides for the ownership
and continued maintenance of the recreation, open space.
15. Street trees shall be provided as follows (per KCRS 5 03 and KCC 21A 16 050):
Page 4 of 7
Pineri
#FSUdge
FSU-2001-10 KIVA#RPP5-2032710
Conditions of Approval
a. Trees shall be planted at a rate of one tree for every 40 feet of frontage
along all roads Spacing may be modified to accommodate sight distance
requirements for driveways and intersections.
b Trees shall be located within the street right-of-way and planted in
accordance with Drawing No 5-009 of the 1993 King County Road
Standards, unless King County Department of Transportation determines
that trees should not be located in the street right-of-way.
c If King County determines that the required street trees should not be
located within the right-of-way, they shall be located no more than 20 feet
from the street right-of-way line.
d The trees shall be owned and maintained by the abutting lot owners or the
homeowners association or other workable organization unless the
County has adopted a maintenance program Ownership and
maintenance shall be noted on the face of the final recorded plat
e The species of trees shall be approved by DDES if located within the right-
of-way, and shall not include poplar, cottonwood, soft maples, gum, any
fruit-bearing trees, or any other tree or shrub whose roots are likely to
obstruct sanitary or storm sewers, or that is not compatible with overhead
utility lines
f The applicant shall submit a street tree plan and bond quantity sheet for
review and approval by DDES prior to engineering plan approval
g The applicant shall contact Metro Service Planning at 684-1622 to
determine if SE 2341h Street is on a bus route If SE 234th Street is a bus
route, the street tree plan shall also be reviewed by Metro
h The street trees must be installed and inspected, or a performance bond
posted prior to recording of the plat If a performance bond is posted, the
street trees must be installed and inspected within one year of recording of
the plat. At the time of inspection, if the trees are found to be installed per
the approved plan, a maintenance bond must be submitted or the
performance bond replaced with a maintenance bond, and held for one
year After one year, the maintenance bond may be released after DDES
has completed a second inspection and determined that the trees have
been kept healthy and thriving
i A landscape inspection fee shall also be submitted prior to plat recording
The inspection fee is subject to change based on the current County fees
Page 5 of 7
Pineridge
#FSU-2001-10 KIVA#RPP5-2032710
Conditions of Approval
16. A well appears to exist within the boundaries of the proposed subdivision The
exact location of the well and 100-foot radius shall be shown on the engineering
plans.
The well shall be properly abandoned and plugged according to the
specifications listed in Chapter 173-160 of the Washington Administrative Code
(WAC) The final engineering plans approved by LUSD shall also indicate that
the Washington State Department of Ecology shall be contacted prior to
construction.
17. The existing easements along the north property line of the site and the one
along the east property line of Tax Lot 51 shall be relinquished prior to the
engineering plan approval.
18. The following have been established by SEPA as necessary requirements to
mitigate the adverse environmental impacts of this development The applicants
shall demonstrate compliance with these items prior to final approval
Washington State Department of Transportation (WSDOT) has identified a High
Accident Corridor (HAC) on SR 515 which will be impacted by this development.
WSDOT currently is programming a project to install traffic signals in response to
the HAC condition To mitigate the project's impact, WSDOT has requested that
the developer pay an impact fee toward the signalization program The
applicant has agreed to enter into a Voluntary Settlement Agreement to pay the
impact fee
OTHER CONSIDERATIONS:
1 The subdivision shall conform to KCC 16.82 relating to grading on private
property.
2 Development of the subject property may require registration with the
Washington State Department of Licensing, Real Estate Division
3 Preliminary approval of this application does not limit the applicant's responsibility
to obtain any required permit or license from the State or other regulatory body.
This may include, but is not limited to the following•
a Forest Practice Permit from the Washington State Dept. of Natural
Resources.
Page 6of7
ineri
. #FSU-ge
#FSU-2001-10 KIVA#RPP5-2032710
Conditions of Approval
b. National Pollutant Discharge Elimination System (NPDES) Permit from
WSDOE
C. Water Quality Modification Permit from WSDOE
d. Water Quality Certification (401) Permit from U S Army Corps of
Engineers.
ch S Term it\PIanllongplatslroutings\2032710-fsu-2001-10conditions doc
Page 7 of 7
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: ALVIN'S POND FINAL PLAT —APPROVE
2, SUMMARY STATEMENT: Approve the final plat mylar for Alvin's Pond
#FSU-97-3, and authorize the Mayor to sign the mylar
3. EXHIBITS: Staff memo, map and Hearing Examiner Condition of Approval
4. RECOMMENDED BY: Community Development Dept Staff
• (Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6S
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
KE N T Charlene Anderson,AICP, Manager
""S"'""°" Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: November 24, 2003
TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY
COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: MAYOR JLM WHITE
SUBJECT: ALVIN'S POND FINAL PLAT (#FSU-97-3"KIVA #2032565)
MOTION: Approve the final plat mylar for Alvin's Pond #1`SU-9 7-3 and authorize the Mayor
to sign the mylar
SUMMARY: W E Ruth Real Estate proposes to subdivide approximately 2 93 acres into
thirteen (13) single-family residential lots. The property is located at 26003 108`h Avenue
SE
BUDGET IMPACT: None
i
BACKGROUND: On August 19, 1998, the Hearing Examiner issued a Findings and Decision
granting preliminary approval of a 13-lot single-family residential subdivision, with 25
conditions The applicant has complied with the conditions required prior to recording
S \Pernut\Plan`,longplats\2032565-FSU-97-3cc DOC
Enclosure Conditions of approval—Hearing Examiner
City of Kent - \Planning Department
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APPLICATION NAME: Alvin's Pond
NUMBER: FSU-97-3 DATE: November 25, 2003
REQUEST: Preliminary Plat
LEGEND
Application site
Site Plan
ALVIN'S POND
#SU-97-3 KIVA #XPLN-3700
On August 19, 1998, the Hearing Examiner recommended approval of the Alvin's Pond
preliminary plat On October 20, 1998, the City Council approved the preliminary plat
with the following conditions.
A. PRIOR TO RECORDING THE SUBDIVISION:
1. The Owner/Subdivider shall receive approval for engineering drawings from the
Department of Public Works,and shall either construct or bond for the following:
a, A gravity sanitary sewer system to serve all lots.
The public sewer system on Southeast 260' Street may not be deep enough
E to service the lots lying south of the creek. Therefore, a sewer extension from
f the existing City system located approximately 600 feet south of the subject
property along 108'h Avenue Southeast may be required The final approved
I sewer system shall be sized to serve all off-site properties within the same
service area. In addition,the sanitary sewer system shall be extended across
I the subdivision as needed to serve adjacent properties.
I
The septic system serving the existing home within the proposed plat shall
r be abandoned in accordance with King County Health Department
r Regulations.
b A water system meeting domestic and fire flow requirements for all lots.
Any existing well(s)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
stormwater runoff from this development will be collected, conveyed,stored,
treated,and released to the City's stormwater drainage system in compliance
with the City of Kent Construction Standards
(1) The Owner/Subdivider shall construct an on-site detention/retention
pond system in accordance with the Kent Construction Standards to
mitigate for potential impacts to stormwater runoff quantity and
quality. The detention/retention storage volume and release criteria
shall be that for the HILLS; the pre-development condition shall be
assumed to be forestigrass only unless otherwise determined by the
Director.
Hearing Examiner Findings and Recommendation
Alvin's Pond
#SU-97-3
i
(2) No portion of the public stormwater management system may be
constructed within wetlands or wetland buffers.
(3) An infiltration pond retention system is the preferred alternative for
mitigation of stormwater impacts and this alternative shall be required 1
unless proven unfeasible by the Owner/Subdivider in the submittal
for the Detailed Drainage Plans.
(4) 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 shall include an approved detail
for the Roof Downspout Infiltration Trenches, or Perforated Stubouts,
and shall provide private stormwater 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.
(5) The required downstream analysis for this development shall include
an analysis for capacity,erosion potential, and water quality from the
point of discharge from the site downstream a distance of at least one-
quarter mile or to the point where stormwater discharges to the
maintained portion of the City of Kent stormwater drainage system,
whichever distance is farther.
(a) This downstream analysis shall identify clearly the existing
and future capacity of each link in the drainage system for the
specified downstream reach.
Hearing Examiner Findings and Recommendation
Alvin's Pond
#SU-97-3
(b) The Owner/Developer shall identify all elements in the
specified downstream reach that cannot convey the 100-year,
24-hour design storm without overtopping or pressure flows.
(c) In addition,should downstream capacity of any element in the
downstream reach be insufficient to convey the 25-year, 24-
hour peak flow rate, the Owner/Subdivider shall either
provide necessary off-site improvements to convey the 1
year,24 hour design pear fip nv shall U1 dcr detain/retain
stormwater and restrict the release rate of stormwater to
ensure that the capacity of the existing conveyance system
will not be exceeded.
(d) Similarly, should an erosion problem be exacerbated by the
proposed release conditions, then the Owner/Subdivider shall
further restrict the release of stormwater from this
development,or shall provide suitable off-site mitigation.
(6) The Owner/Subdivider shall execute Declaration of Stormwater
Facility Maintenance Covenants prepared by the Property
Management Section of the Department of Public Works for the
private portions of the drainage system
d. An open-to-the-air stormwater treatment system in accordance with the
requirements of the Kent Construction Standards to mitigate for potential
impacts to stormwater runoff quality. Acceptable stormwater treatment
facilities meeting this requirement in their preferred order include. infiltration
after pretreatment; biofiltration swales; wet ponds; extended detention ponds;
and created wetlands. Alternatives and experimental treatment facilities will
be evaluated on a case-by-case basis by the Department of Public Works.
(1) The stormwater treatment system shall be within approved
retention/detention facility iract(s)
(2) Easements for biofiltration swales across private lots will not be
acceptable to meet this requirement.
(3) No portion of the stormwater treatment system may be within
wetlands or wetland buffers.
Hearing Examiner Findings and Recommendation
Alvin's Pond
#SU-97-3
e. A Detailed Grading Plan for the entire subdivision which includes provisions
for utilities, roadways, retention/detention ponds, stormwater treatment
facilities, and a building footpad for each lot. These plans shall be designed
to eliminate the need for processing several individual Grading Permits upon
application for Building Permits: phasing of grading on a lot-by-lot basis will
not be considered.
f A Temporary ErosiorvSedimentation Control Plan iur Uie entire subdivision
that reflects the Detailed Grading Plan discussed above, and the Planning
Department approved Tree Plan.
g A full width widening/improvement of 108'Avenue Southeast, designed in
conformance with the requirements for a Residential Collector Arterial Street
augmented with Bike Lanes as described in the City of Kent Construction
Standards. The Street Improvement Plans for this street shall include,but are
not limited to the following: combined cement concrete curbs & gutters and
10-foot cement concrete sidewalks on the west side of the street; a minimum
of 36 feet of asphalt pavement as measured from the east edge of pavement
to the face of curb on the west side of the street; a maximum gradient of 12
percent;a normal crown for the asphalt street located at the center of the right
of way; a City-approved street lighting system; public stormwater
conveyance, detention and treatment facilities; street markings; traffic signs;
water and sewer lines; and other street related appurtenances These Street
Improvement Plans also shall reflect the following:
(1) To provide minimum safety facilities in the vicinity of the creek
crossing,these plans shall include barrier guardrails on both sides of
the street. On the west side of 108"Avenue Southeast,this guardrail
shall generally extend along the entire length of Tract C; on the east
side of 108"Avenue Southeast,the guardrail shall extend as far north
and south of the creek banks as the existing driveways will permit.
(2) The asphalt pavement width shall be tapered to the south at the
transition rate of 1:40 to match the existing edge of pavement on both
sides of the street.
(3) Channelization and traffic sign plans which include provisions for a
minimum 200-foot-long left turn lane at the intersection with
Hearing Examiner Findings and Recommendation
Alvin's Pond
#SU-97-3
Southeast 260" Street and for"NO PARKING ANYTIME'signs on
both sides of the street.
(4) Curb returns at both intersections shall be designed in conformance
with the City's South 212' Street Curb Return Detail, which
incorporates the Bike Lane ramp requirements.
(5) The total minimum width of asphalt pavement specified above shall
be designed and cnnctCucre i to prcvidc a n7awinum 20-year service
life. The Owner/Subdivider shall provide the Department of Public
Works with a Pavement Analysis Report to determine the adequacy
of the existing asphalt pavement, and the minimum depth for an
asphalt overlay required to provide a 20-year service life for the
existing pavement. The Pavement Analysis Report shall be
consistent with Part II and Part III of the AASHTO GUIDE FOR
DESIGN OF PAVEMENT SECTIONS,published by the American
Association of State Highway and Transportation Officials, 1986
edition, or latest revision, and the Pavement Analysis Report shall
provide all of the necessary information required by this pavement
design guide and the City of Kent Construction Standards
h. Pedestrian Walkway Improvements for a 6-foot-wide gravel walkway from
Southeast 260' Street to Southeast 264' Street constructed on the east side
of 108'Avenue Southeast south to tie into the asphalt pavement pedestrian
improvements constructed by the City at Southeast 264' Street to serve
Meadow Ridge Elementary School. At the sole discretion of the Director of
Public Works the Owner/Developer may pay a proportionate share of the
costs of said pedestrian walkway improvements versus constructing same.
i. Street Improvements for the relocated subdivision street terminating with a
cul-de-sac at its west terminus. The Street Improvement Plans for this
subdivision street shall be designed in conformance with the requirements for
a Residential Street as described in the City of Kent Construction Standards,
including but not limited to: combined cement curbs & gutters and 5-foot-
wide cement sidewalks on both sides of the street;at least 28 feet of asphalt
pavement(a reduction in the standard width to reduce impacts to the adjacent
wetlands); a City-approved street lighting system; public stolmwater
drainage, detention,and treatment facilities;curb return radii of 35 feet at the
Hearing Examiner Findings and Recommendation
Alvin's Pond
4SU-97-3
intersection of the subdivision street and 108'Avenue Southeast; horizontal
curve radii of at least 200 feet; and a 45-foot minimum radius to the face of
curb for the cul-de-sac. The 5-foot cement sidewalk shall not be installed
where the public street abuts the Sensitive Area Tract for the wetlands and
creek(another reduction in the standards to reduce impacts to the adjacent
wetlands).
j. The two private streets and the access tract/easement for Lots 12 and 13
shown on the face of the revised Prnli:ninary Plat cad snail provide a
minimum asphalt pavement width of 20 feet and shall be within an easement
having at least 22 feet of width. The face of the final plat shall show clearly
which lots may have access to each private street. In no case shall more than
four lots be permitted to have access onto a private street
k Street Light Plans meeting Street Lighting Requirements shall be prepared
and installed by a qualified professional engineer licensed by the State of
Washington..
1. Wetland Mitigation Plans for any and all work within the wetlands or wetland
buffers. Wetland Mitigation Plans shall show how the Owner/Subdivider has
minimized all wetland impacts by an analysis of alternatives that would avoid
the impact altogether, as required by KCC Section 11.05.120.
2. The Owner/Subdivider shall submit Landscape Plans for within and surrounding
the retention/detention facility to the Planning Department AND to the
Department of Public Works for concurrent review and approval prior to,or in
conjunction with, the approval of the Detailed Drainage Plans.
3. If determined necessary by the City following hydraulic analysis by the Owner's
engineer,the existing culvert for the creek crossing of 108'Avenue Southeast
shall be removed and a new culvert shall be installed meeting the City's design
criteria. The culvert shall be designed to applicable standards for a fish-bearing
stream, UNLESS the Department of Fish and Wildlife states in their HPA or in
their written waiver therefrom that this work is not needed. If the City determines
that a new culvert is necessary, the City will work with the Owner/Subdivider for
sharing the costs thereof.
4. The Owner/Subdivider shall obtain an HPA or a written waiver therefrom,prior to
any on-site construction.
Hearing Examiner Findings and Recommendation
Alvin's Pond
4SU-97-3
5. The Owner/Subdivider shall retain the location of the proposed plat street
intersection with 108'Avenue Southeast as shown on the revised preliminary plat
that meets the minimum separation distance of 300 feet required for an offset tee
intersection on a Residential Collector Arterial.
6. The ownerldeveloper shall submit for review and approval by the Planning and
Public Works Department a tree plan for the general site, for the roadway, and for
uu inu;vwuai tors showing all trees six inches in d:a^.:eter yr grcaici, dllU their
relationship to any proposed structure and other smaller trees. Approval and
construction of the final roadway design and issuance of approved Grading,
Temporary Erosion/Sedimentation Control Plans,or development permits for any
lot may not occur prior to approval of the tree plan by the Kent Planning and
Public Works Departments. No trees of a six-inch caliper or greater shall be
removed from any lot except pursuant to a tree plan approved by the Planning
Department Appropriate mitigation,including the replacement of trees at a
greater than 1:1 ratio, shall be required if any significant trees are to be removed
Grading Plans cannot be approved without an approved Detailed Tree Plan.
T The Owner/Subdivider shall grant a Sight Distance Easement across the subdivision
frontage on 108'Avenue Southeast, at the intersections with the plat street and the
access tractleasement to lots 12 and 13. The approved Sight Distance Easements
shall be based upon a 40 MPH design speed and shall be surveyed and marked with
permanent survey monuments. The following RESTRICTION shall appear on the
face of the approved plat:
SIGHT DISTANCE EASEMENT/RESTRICTION
THE SIGHT DISTANCE EASEMENT SHOWN HEREON IS GRANTED TO THE
CITY OF KENT FOR PUBLIC SAFETY PURPOSES THROUGH MAINTAINING
INTERSECTION/ROADWAY SIGHT DISTANCES ACCORDING TO ADOPTED
CITY OF KENT STANDARDS,PRACTICES, AND CODE REQUIREMENTS AS
OF THE DATE OF PLAT APPROVAL.THE ABUTITNG PROPERTY OWNERS
MAY NOT KNOWINGLY/ WILLFULLY/ INADVERTENTLY INSTALL/
CONSTRUCT/GRADE ANY POTENTIAL OBSTRUCTION TO VISIBILITY
SUCH AS LANDSCAPE BERMS,FENCES,ROCKERIES,RETAINING WALLS,
LANDSCAPING MATERIALS, STRUCTURES,ETC. WITHIN THE LIMITS OF
THESE EASEMENTS.
Hearing Examiner Findings and Recommendation
Alvin's Pond
#SU-97-3
THE CITY OF KENT HAS THE SOLE AUTHORITY TO CAUSE REMOVAL OF
OBSTRUCTIONS AT THE PROPERTY OWNER'S SOLE EXPENSE, OR TO
REQUIRE THAT THE PROPERTY OWNER IMMEDIATELY REMOVE ANY
OBSTRUCTION(S) WITHIN THE SIGHT DISTANCE EASEMENT UPON
WRITTEN NOTICE TO THE PROPERTY OWNER OF A VIOLATION OF SAID
EASEMENT RESTRICTION,WITHOUT COMPENSATION FOR DAMAGES TO
THE PROPERTY OWNER.
4. T lie Owner/Subdivider shall dedicate or deed all necessary pubiic rights of way for
the public improvements listed above and shall provide all public and private
easements necessary for the construction, operation, and maintenance of these
required improvements. The minimum right-of-way and easement widths are given
below.
a. The Residential Street shall have a minimum right-of-way width of 49 feet,
except that at the intersections and around the cul-de-sac, the right of way
shall include the minimum 3-foot-wide utility strip behind the back of the
sidewalks. Along the Sensitive Area Tract the minimum right of way may
be reduced to five feet to reflect that no sidewalk is required
b. The Residential Collector Arterial Streets shall have a minimum half-street
right-of-way width of 33 feet,except at intersections where the right of way
shall include the minimum 3-foot-wide utility strips behind the back of
required sidewalks.
C. Sanitary Sewer and Storm Sewer Easements shall be at least 10 feet in width
along lots four(4)and five(5),and at least 15 feet in width for other lots.
9. The Owner/Subdivider shall protect permanently the approved and preserved, and/or
enhanced, or created wetland(s) and it's buffer(s) by creating a separate Sensitive
Area Tract 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 as appropriate,unless otherwise approved. The Owner/Subdivider
shall provide a legal description of said easement or tract prepared by a licensed land
surveyor,prior to issuance of any construction permits. The Sensitive Area Tract and
the following language shall be included on the face of the recorded plat:
Hearing Examiner Findings and Recommendation
Alvin's Pond
4SU-97-3
SENSITIVE AREA TRACTS 1 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
AUT?AL BUFF RING
. AIN pKO i FCTIOU OF 117>TER YUALtT1', 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, 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.
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.
Hearing Examiner Findings and Recommendation
Alvin's Pond
#SU-97-3
10. After construction, the wetland and buffer areas 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 signs approved by
the Department of Public Works shall be placed at the wetland buffer edge to inform
and educate owners and nearby residents about the value of wetlands.
11. Prior to release of any construction bonds, the Department of Public Works must
approve As-Built Drainage Plans for the entire site prepared by a professional land
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Appendix "E" of the City of Kent Construction Standards.
12. The Owner/Subdivider shall waive abutters direct access rights for all lots having
frontage on Southeast 260'b Street and 108' Avenue Southeast. The following
RESTRICTION shall be stated clearly on the face of the approved plat:
ACCESS RESTRICTION
THE PROPERTY OWNERS OF ALL LOTS ABUTTING SOUTHEAST 260T"
STREET AND 108T"AVENUE SOUTHEAST SHALL NOT BE PERMITTED TO
TAKE DIRECT VEHICULAR ACCESS TO OR FROM SAID PUBLIC STREETS.
VEHICULAR ACCESS TO ALL LOTS IS RESTRICTED TO THE APPROVED
PUBLIC SUBDIVISION STREET AND TO THE APPROVED PRIVATE
STREETS AND ACCESS TRACT/EASEMENT SHOWN HEREON.
13 The Owner/Subdivider shall provide the City with an approved topographic survey
prepared by a professional land surveyor licensed by the State of Washington. This
topographic survey shall show clearly the lines of Ordinary High Water for the creek
that crosses the subject property. The face of the approved plat also shall show the
creek, its buffer widths, and the setback for impervious surfaces from this creek
(unless the setbacks from the Sensitive Area Tract will govern).
14. The Owner/Subdivider shall provide the City with an approved Drainage Easement
for the creek on documents prepared by the Property Management Section of the
Public Works Department. The location of this drainage easement will be
determined by the topographic map required above, and the width of this drainage
easement will include at least 15 feet (as measured from the lines of Ordinary High
Water)on both sides of the creek. The Owner/Subdivider shall provide the City with
a legal description for this drainage easement written by a professional land surveyor
licensed by the State of Washington.
Hearing Examiner Findings and Recommendation
Alvin's Pond
#SU-97-3
15. If an approved Wetland Mitigation Plan is required for work within wetlands or
wetland buffers, then the Owner/Subdivider shall post a Wetland Mitigation Bond
in the amount of 125 percent of the estimated cost for construction and maintenance
for three year period, plus an additional 10 percent of the total cost to cover inflation
and administrative review fees
16. The Owner/Subdivider shall provide fire hydrants at approved locations alonV with
l.uauut of i;VVu P211f1r13 per---- i to"fire f10;�;'at<v YSi.
17. Dust generated during construction activities on all lots shall be controlled by wetting
dust sources such as areas of exposed soils, washing truck wheels before they leave
the site, and installing and maintaining gravel construction entrances Construction
vehicle track out on public rights of way are violations subject to fines from the
Department of Ecology, the City of Kent, and/or the Puget Sound Au Pollution
Control Authority.
19. The Owner/Subdivider shall dedicate five percent(5 %)of the total plat area for open
space park land or pay a fee in lieu of a donation per the requirements of Section
12 04.490 of the Kent City Code (The fee in lieu of a donation of 5°lo for open space
land is $9,149.68, based on information from the King County Assessor's Office).
19. Mailboxes shall be located on either side of the plat street approximately 10 feet
south of the lot line dividing Lots 1 and 2 (6 mailboxes total), at approximately the
lot line dividing Lots 10 and 11 (6 mailboxes total), and on the east side of 108'
Avenue Southeast at approximately the northerly line of Tract "D" if extended (2
mailboxes) as approved by the U S Postmaster.
20. The Owner/Subdivider shall remove all existing structures on the site.
21. The Owner/Subdivider shall accommodate METRO recommendations related to
provisions for mass transit. These provisions may include, but are not limited to,
providing direct access from the site to mass transit areas, providing for bus shelters,
providing on on-site mass transit information area, etc The Owner/Subdivider shall
provide documentation, acceptable to the City that the METRO recommendations
have been accommodated
22. The cul-de-sac and each of the two access easements serving three or more lots shall
be designated a streetfavenue by the Kent Fire Department. The Owner/Subdivider
Hearing Examiner Findings and Recommendation
Alvin's Pond
4SU-97-3
shall provide street signs according to the standards of the City of Kent Public Works
Department. Property owners are responsible for maintenance of private street signs.
B. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF ANY BUILDING
PERMITS FOR ANY LOT IN THE ALVIN'S POND SUBDIVISION (SU 97-3), THE
OWNER/SUBDIVIDER SHALL:
1. Construct all of the improvements required in A., above.
2. Receive approval of the required As-built Drawings for Water, Sewer, Street, and
Stormwater Facilities.
3. The property owner shall provide to 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 shall provide the property owner with
sample information brochures that may be distributed or made available to residents
to satisfy this condition.
Dated this 10"day of September, 1998.
"_ 4,Ab ono.
THEODORE PAUL HUNTER
Hearing Examiner
• Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: AUTUMN GLEN FINAL PLAT—APPROVE
2. SUMMARY STATEMENT: Approve the final plat mylar for Autumn Glen
#FSU-2001-7, and authorize the Mayor to sign the mylar.
3. EXHIBITS: Staff memo, map and Hearing Examiner Conditions of Approval
4. RECOMMENDED BY: Community Development Dept. staff
(Committee, Staff, Examiner, Commission, etc.)
5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION-
Council Agenda
Item No. 6T
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
KENT Charlene Anderson,AICP, Manager
W A5MIN010
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: November 25, 2003
TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY
COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: MAYOR JIM WHITE
SUBJECT: AUTUMN GLEN FINAL PLAT (#FSU-2001-7/KIVA#2032958)
MOTION: Approve the final plat mylar for.Autumn Glen #FSU-2001-7 and authorize the
Mayor to sign the mylar
SUMMARY: Randy Sherman, LLC , proposes to subdir tde approximately 4 43 acres into
twenty-three (23) single-family residential lots The property is located at 10505 SE 272"d
Street
BUDGET IMPACT: None
BACKGROUND: On December 5, 2002, the Hearing Examiner issued a Findings and
Decision granting preliminary approval of a 23-lot single-family residential subdivision, with 17
conditions The applicant has complied with the conditions required prior to recording
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APPLICATION NAME. AUTUMN GLEN
REQUEST. #FSU-2001-7 KIVA#2032958
SITE MAP
AUTUMN GLEN
#SU-2001-7 KIVA #RPP3-2021630
ON December 5, 2002, THE HEARING EXAMINER APPROVED THE AUTUMN GLEN
SUBDIVISION WITH THE FOLLOWING CONDITIONS.
A. PRIOR TO RECORDING THIS SUBDIVISION
1. The Owner/Subdivider shall pay all charges in Lieu of Assessments and/or
Latecomer Fees, if any, prior to scheduling the Pre-Construction
Conference and/or prior to recording this plat, whichever comes first
2 The Owner/Subdivider shall submit and receive City approval of
engineering drawings from the Department of Public Works, and shall then
either construct or bond for the following.
a A gravity sanitary sewer system to serve all lots
The City sanitary sewer system shall be extended from the existing
City sanitary sewer system and shall be deep enough to serve all
off-site properties within the same service area including properties
to the north of Southeast 272"d Street, in addition, the sanitary
sewer system shall be extended across the entire subdivision as
needed to serve adjacent properties within the same service area,
unless otherwise determined by the Public Works Director
The septic system serving the existing home(s) within the proposed
plat - if any - shall be abandoned in accordance with King County
Health Department Regulations
b A waters stem meeting domestic and fire flow requirements
y g o equ ements for all
lots.
The City water system shall be extended as determined necessary
by the Public Works Department and shall be sized to serve all off-
site properties within the same service area, in addition, the water
main extension shall be extended across the entire subdivision as
needed to serve adjacent properties within the same service area,
unless otherwise determined by the water purveyor The Fire
Department requests that the existing 12-inch water main in
Southeast 272"d Street be looped to 108th Avenue Southeast This
may not be necessary if fire flows are adequate as determined by
the Fire Department and Public Works The Owner/ Subdivider
r� shall provide fire flow test results for the nearest existing hydrant on
Autumn Glenn
#SU-2001-7 KIVA #2021630
Conditions of Approval
Page 2 of 11
which to base fire flow calculations for the proposed subdivision If
flows are deemed sufficient, the Public Works Director, at his
discretion, may waive the looping requirement with the approval of
the Fire Department.
The existing well(s) shall be abandoned in accordance with the
requirements of the Department of Ecology.
The title report dated 7/13/2001 suggests the existence of
restrictions (recording number 7403290508) limiting the use of
portions of this property in order to protect an existing well This
100-foot radius well protection zone must be clearly delineated on
the Final Plat, unless the protected well is to be abandoned, and
the protection zone cannot render any of the lots "unbuildable" as
jointly determined by Planning and Public Works.
C. Detailed Drainage Plans meeting the requirements of the City of
Construction Standards, and City of Kent Development Assistance
Brochure #5-3, Detailed Drainage Plans. Initial guidance is given in
the conditions, which follow.
(1) The Owner/Subdivider shall construct an on-site public
detention / retention pond system in accordance with the
Kent Construction Standards to mitigate for potential impacts
to both stormwater runoff quantity and quality This pond
shall be constructed within a public stormwater management
tract. The detention / retention pond storage volume and
release criteria shall be that for the HILL, the pre-
development condition shall be assumed to be grass only
unless otherwise determined by the Department of Public
Works.
(2) As development occurs within this subdivision, roof
downspouts for each roofed structure (house, garage,
carport, etc ) shall be directed to Roof Downspout Infiltration
Trenches, or Perforated Stubouts, meeting the requirements
of the City of Kent Construction Standards, and City of Kent
Development Assistance Brochure #5-5, Roof Downspout
Infiltration Trench Systems, Downspout Dispersion System,
and Perforated Stubout Connections. These roof downspout
conveyance and infiltration systems shall include overflow
Autumn Glenn
#SU-2001-7 KIVA #2021630
Conditions of Approval
Page 3 of 11
pipes connected to an approved conveyance system The
Detailed Drainage Plans shall include an approved detail for
the Roof Downspout Infiltration Trench, or Perforated
Stubout, and will provide for private stormwater 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 (PERFORATED STUBOUT)
SYSTEMS PER DETAILS SHOWN ON THE APPROVED
STORMWATER PLANS
(4) A downstream analysis is required for this development, and
it shall include an analysis for capacity, erosion potential,
and water quality from the point of discharge to the point
where stormwater discharges to the City of Kent Upper Mill
Creek Detention Pond See City of Kent Development
Assistance Brochure #5-4, Downstream Analyses, for the
specific information required for downstream analyses
(5) If determined necessary by the Public Works Department,
the Owner/Subdivider shall provide public drainage
easements meeting the requirements of the City of Kent
Construction Standards for the specified downstream reach
where adequate public drainage easements do not currently
exist.
The minimum required downstream reach for
this subdivision shall include the area from the
proposed point of discharge from this
development to that point where it enters the
City of Kent Upper Mill Creek Detention Pond.
(6) The Owner/Subdivider shall submit Landscape Plans for
within and surrounding the retention / detention facility to
Planning Services and to the Department of Public Works for
concurrent review and approval prior to, or in conjunction
with, the approval of the Detailed Drainage Plans These
Autumn Glenn
#SU-2001-7 KIVA #2021630
Conditions of Approval
Page 4 of 11
Landscape Plans shall meet the minimum requirements of
the City of Kent Construction Standards, and the stormwater
management landscaping requirements contained within
City of Kent Development Assistance Brochure #5,
Landscape Plans. Landscape Plans are not to be used to
show required Street Trees.
(7) The Owner/Subdivider shall execute Declaration of
Stormwater Facility Maintenance Covenants for the private
portions of the drainage system prepared by the Property
Management Section of the Department of Public Works.
See City of Kent Development Assistance Brochure #5-17,
Declaration of Stormwater Facility Maintenance Covenants,
for information on what is contained within this document
d An open-to-the-air public stormwater treatment system in
accordance with the requirements of the Kent Construction
Standards, and published City of Kent Development Assistance
Brochures dealing with stormwater treatment, to mitigate for
potential impacts to stormwater runoff quality Acceptable
stormwater treatment facilities meeting this requirement in their
preferred order include- infiltration after pretreatment, biofiltration
swales, wet ponds, extended detention ponds, and created
wetlands. See City of Kent Development Assistance Brochures #5-
1, through #5-15, for additional information on stormwater treatment
requirements
(1) The stormwater treatment system shall be within the
approved public stormwater management tract
(2) Easements for biofdtration swales across private lots will not
be acceptable to meet this requirement.
e A Detailed Grading Plan for the entire subdivision meeting the
requirements of the Uniform Budding Code, the City of Kent
Construction Standards, and City of Kent Development Assistance
Brochure #1-3, Excavation and Grading Permits & Grading Plans.
Initial guidance for these plans is given below:
Autumn Glenn
#SU-2001-7 KIVA #2021630
Conditions of Approval
Page 5 of 11
(1) These plans will include provisions for utilities, roadways,
retention/detention ponds, stormwater treatment facilities,
and a building footpad for each lot
(2) These plans shall be designed to eliminate the need for
processing several individual Grading Permits upon
application for Building Permits: phasing of grading on a lot-
by-lot basis will not be considered
f. A Temporary Erosion/Sedimentation Control Plan for the entire
subdivision meeting the requirements of the City of Kent
Construction Standards, and the most recent version of the
Washington State Department of Ecology Stormwater Management
Manual for Western Washington These plans must reflect the
Detailed Grading Plan discussed above, and Planning Services
approved Detailed Tree Plan
h Interim Street Improvement Plans for Southeast 272nd Street
frontage of this proposed development These Street Improvement
Plans shall meet the requirements of the City of Kent Construction
Standards, and City of Kent Development Assistance Brochures
#6-2, Private and Public Street Improvements, and # 6-8, Street
Improvement Plans, for a street designated as a Residential
Collector Street Augmented With Bike Lanes by the City of Kent
Master Plan of Roadways Initial guidance for the necessary street
improvements is provided below.
(1) Combined concrete curb & gutter, a 5-foot wide planting
strip, and a 5-foot cement concrete sidewalk on the south
side of the street
(2) A minimum of 23-feet of asphalt pavement as measured
from the City approved design centerline to the face of curb
on the south side of the street, plus at least 12-feet of
asphalt pavement as measured from the centerline of the
right-of-way to the edge of the traveled lane on the north
side of the street
(3) Shoulder improvements on the north side of the street as
approved by the Public Works Department
Autumn Glenn
#SU-2001-7 KIVA #2021630 •
Conditions of Approval
Page 6 of 11
(4) A City-approved street lighting system.
(5) Public stormwater collection, conveyance, detention and
treatment facilities.
(6) Street Trees installed within the 5-foot wide planting strips
constructed b etween the back of curb a nd t he f ront of the
cement concrete sidewalk. These Street Trees will be
located at least 30-feet from streetlights, and the species
shall be selected from the Approved Street Tree List
contained within City of Kent Development Assistance
Brochure #14, City of Kent Street Trees.
i. Street Improvement Plans for the new public Residential Street
connected to Southeast 272"d Street and terminating with a
temporary cul-de-sac at its southwest termini The Street
Improvement Plans for this street shall be designed in conformance
with the requirements for a Residential Street as required by City of
Kent Construction Standards, and City of Kent Development
Assistance Brochures #6-2, Private and Public Street
Improvements and City of Kent Development Assistance Brochure
# 6-8, Street Improvement Plans for a street 28-feet wide Initial
guidance for these street improvements is given below
(1) Combined curbs & gutters, a 5-foot wide planting strip
constructed b etween the back of curb a nd t he f ront of the
sidewalk, and 5-foot wide cement concrete sidewalks on
both sides of the street.
(2) A minimum of 28-feet of asphalt pavement, measured from
face of curb to face of curb.
(3) Unless otherwise approved by Planning Services, the public
street extension to the west shall connect at the common
east-to-west property line for the two abutting lots on the
west side of the subject subdivision
(4) Unless otherwise approved by Public Works, the horizontal
alignment for this new public street will provide for three
horizontal curves having a centerline radius of 55-feet, and
will provide for at least 50-foot of tangent between adjacent
Autumn Glenn
#SU-2001-7 KIVA#2021630
Conditions of Approval
Page 7 of 11
horizontal curves, and for a least 100-feet between reverse
horizontal curves
(5) A street lighting system designed, constructed and
maintained by the IntoLight Division of Puget Sound Energy.
The electrical bills shall be paid for by a Home Owner's
Association
(6) A public stormwater drainage system, including provisions
for conveyance, detention, and treatment facilities
(7) Curb return radii of 25-feet at the intersection of the
subdivision street and Southeast 272"d Street, and a 45-foot
radius to the thickened edges of pavement for the temporary
cul-de-sacs
(8) Street Trees installed within the 5-foot wide planting strips
These Street Trees will be located at least 30-feet from
street lights, and the species shall be selected from the
Approved Street Tree List contained within City of Kent
Development Assistance Brochure #14, City of Kent Street
Trees.
J. Street Improvement Plans for the new Private Residential Streets
constructed within private roadway tracts or easements, connected
to the new public Residential Street and serving Lot 11 , Lot 12, Lot
13, Lot 19, Lot 20, and the public stormwater management Tract A.
The Street Improvement Plans for these streets shall be designed
in conformance with the requirements of a Private Residential
Street as required by City of Kent Construction Standards, and City
of Kent Development Assistance Brochure #6-2, Private and Public
Street Improvements and City of Kent Development Assistance
Brochure # 6-8, Street Improvement Plans for a street at least 20-
feet wide. Initial guidance for these street improvements is given
below
(1) Asphalt concrete pavement as measured from edge of
pavement to edge of pavement shall be as approved by the
Fire Department
Autumn Glenn
#SU-2001-7 KIVA #2021630
Conditions of Approval
Page 8 of 11
(2) An approved cul-de-sac, or turnaround at their termini,
unless otherwise determined by the City Fire Marshal
(3) A private stormwater drainage system, including provisions
for collection, conveyance, detention, and treatment facilities
where applicable.
(4) Unless additional asphalt concrete pavement width is
provided for parking, all minimum width private streets shall
have pavement markings and traffic signs installed which
clearly designate these private streets as Fire Lanes, where
no parking will be permitted.
(5) The private roadway tracts, or private roadway easements,
shall be maintained through the implementation of Mutual
Maintenance Agreements between the affected/benefiting
lots.
k Street Light Plans for Southeast 272"d Street, and for the new
Public Residential Street serving the subdivision. These plans shall
meet the minimum requirements of the City of Kent Construction
Standards, and City of Kent Development Assistance Brochure #6-
1, Street Lighting Requirements.
3 The Owner/Subdivider shall create a Homeowner's Association for this
subdivision to ensure that the property owners within this subdivision are
advised of their requirement to pay for the provided street lighting system
Those sections of the required document written to govern that
association as they relate to any IntoLight Division of Puget Sound Energy
street lighting systems and providing for private maintenance of the private
streets serving Lot 11, Lot 12, Lot 13, Lot 19 and 20, shall be reviewed
and approved by the Department of Public Works, prior to the recording
these documents.
4 Lot 1 shall be provided a specific driveway location meeting minimum
sight distance requirements of the City of Kent.
Autumn Glenn
#SU-2001-7 KIVA#2021630
Conditions of Approval
Page 9 of 11
5. The face of the final plat shall be contain the following restriction
DIRECT VEHICULAR ACCESS TO AND FROM LOT 1 AND TO AND
FROM TRACT A SHALL NOT BE PERMITTED ONTO SOUTHEAST
272ND STREET
6. The Owner/Subdivider shall deed all public rights-of-way, and otherwise
convey all private and public easements necessary for the construction
and maintenance of the required improvements for this subdivision
development.
7 The Owner/Subdivider shall submit and receive approval for a Detailed
Tree Plan, meeting the requirements of the Kent Zoning Code, and City of
Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to
the issuance of any Construction Permits for the subdivision Grading
Plans cannot be approved by the Department of Public Works without an
approved Detailed Tree Plan Detailed Tree Plans are not to confused with
required Street Tree Plans, which have an entirely different purpose
8. The Owner/Subdivider shall permanently protect the approved and
preserved, and/or enhanced, or created wetland(s) and its buffer(s) by
creating a separate Sensitive Area Tract 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, in conformance to t he requirements of the
City of Kent Wetlands Management Code 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 as appropriate The Owner/Subdivider
shall provide a legal description of said easement or tract prepared by a
licensed land surveyor, prior to issuance of any Construction Permits. The
Sensitive Area Tract and 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
Autumn Glenn
#SU-2001-7 KIVA #2021630
Conditions of Approval
Page 10 of 11
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 R EMAIN I N P LACE U NTIL A LL D EVELOPMENT ACTIVITIES I N 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
THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC
UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO
ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS
REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS
DISTURBED UPON THE COMPLETION OF THE UNDERGROUND
CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE
9 After construction, the wetland and buffer areas 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 buffer edge to inform and educate
owners and nearby residents about the value of wetlands The wetland
signage details on the preliminary plat map are King County details,
not City of Kent. This needs to be revised to show Kent's standard
details.
10. Prior to release of any construction bonds, and prior to the approval of any
Building Permits within the subject subdivision, the Department of Public
Works must receive and approve As-Built Drawings meeting the
requirements of the City of Kent Construction Standards, and City of Kent
Autumn Glenn
#SU-2001-7 KIVA #2021630
Conditions of Approval
Page 11 of 11
Development Assistance Brochure #E-1, As-Build Drawings, for Streets,
Street Lighting System; Water, Sewer, Stormwater Drainage Facilities,
and all off-site Improvements where the locations and/or elevations are
deemed critical by the Department of Public Works
11 . The Owner/Subdivider shall provide a 10-foot wide pedestrian connection
to the property (ies) to the east as show on the preliminary plat map This
walkway shall be paved and lighted and otherwise constructed as required
by the City of Kent construction standards and Public Works Department
12 Prior to final plat approval, lots shall be reconfigured so that Lot 5 is
enlarged to a minimum of 5,700 square feet OR a variance from minimum
size is granted
C. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS
SUBDIVISION, THE OWNER/SUBDIVIDER SHALL
• 1 Record the Plat
2. Pay the Environmental Mitigation Fee for that lot
3. Construct all of the improvements required above
4 Submit and receive City approval for As-Built Drawings meeting the
requirements of City of Kent Development Assistance Brochure #E-1, As-
Budd Drawings, for street improvements, stormwater management
system, street lighting system, and other off-site improvements where
determined necessary by the City
5 Pay the school impact fee for that lot
S\Permit\Plan\longpiats\2001\2032958-2001-7CONDITIONS DOC
• Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: KENT LAND USE AND PLANNING BOARD APPOINTMENT
AND RE-APPOINTMENT — CONFIRM
2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of
Ms. Elizabeth Watson to serve as a member of the Kent Land Use and Planning Board.
Ms Watson is a Kent resident and realizes the importance of local government in
shaping the future of our community. She is interested in long range planning goals
and would like to serve the City as a member of the Land Use and Planning Board.
Ms. Watson will replace Deborah Ranger, Ph.D., who is leaving the Board to serve as
a Kent City Councilmembers. Ms. Watson's new appointment will begin 1/1/04 and
will continue until 12/31/06.
Confirmation of the Mayor's re-appointment of Mr Jon Johnson to continue serving as
a Land Use and Planning Board member. His new appointment will continue until
12/31/06.
3. EXHIBITS: Memo
4. RECOMMENDED BY: Mayor White
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION
ACTION-
Council Agenda
Item No. 6U
. OFFICE OF THE MAYOR
Jim White, Mayor
Phone 253-856-5700
Fax 253-856-6700
Address 220 Fourth Avenue S
ON T Kent WA 98032-5895
W<SHI,. TON
TO JtiDY WOODS, COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM JIM WHITE, MAYOR
DATE NOVEMBER 25, 2003
RE APPOINTMENT AND RE-APPOINTMENT TO KENT LAND USE AND
PLANNING BOARD
I have appointed Ms Elizabeth Watson to serve as a member of the Kent Land Use and Planning
Board Ms Watson is a Kent resident and realizes the importance of local government in
shaping the future of our community She is interested in long range planning goals and would
like to serve the City as a member of the Land Use and Planning Board
Ms Watson will replace Deborah Ranniger, who is leaving the Board to serve as a Kent City
Council Member Ms Watson's new appointment will begin on 1/1/04 and Nti ill continue until
12/31/06
1 have also re-appointed Mr Jon Johnson to continue serving as a Land Use and Planning Board
member His new appointment will continue until 12/31/06
1 submit this for your confirmation
Jb
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: KENT BICYCLE ADVISORY BOARD RE-APPOINTMENTS —
CONFIRM
2. SUMMARY STATEMENT: Confirmation of the Mayor's re-appointments of
Mr. Bill Miller, Mr. Steve Nuss and Mr Jacob Grob to continue serving as members of
the Kent Bicycle Advisory Board. Their new appointments will continue until
12/31/2005.
3. EXHIBITS: Memo
4. RECOMMENDED BY: Mayor White
(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. 6V
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
YW.SHIFGTON
I
TO- JUDY WOODS, COUNCIL PRESIDENT
CITY COUNCIL MET\4BERS
FROM JIM WHITE, MAYOR
t-
DATE NOVEMBER 25, 2003
RE RE-APPOINTMENTS TO KENT BICYCLE ADVISORY BOARD
I have re-appointed Mr Bill Miller, Mr Steve Nuss, and Mr Jacob Grob to continue sere mg-as
members of the Kent Bicycle Advisory Board Their nevv appointments will continue until
12i31i05
' I submit this for your confirmation
'� Ib
® Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: KENT ARTS COMMISSION RE-APPOINTMENT - CONFIRM
I 2. SUMMARY STATEMENT: Confirmation of the Mayor's re-appointment of Scott
Manthey to continue serving as a member of the Kent Arts Commission. His new
t appointment will continue until 10/31/2007
3. EXHIBITS: Memo
I
4. RECOMMENDED BY: Mavor White
I (Committee, Staff, Examiner, Commission, etc.)
` 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_
f
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS•
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6W
40
•
KENT
W ASHINGTGh
MEMORANDUM
TO JUDY WOODS, CITY COUNCIL PRESIDENT
CITY COUNCILMEMBERS
FROM MAYOR JIM WHITE
DATE NOVEMBER 25, 2003
SUBJECT: RE-APPOINTMENT TO THE KENT ARTS COMMISSION
I have re-appointed Mr Scott Manthey to continue serving as a member of the Kent Arts
Commission His new term will continue until 10/31/2007
1 submit this for your confirmation
Ib
I
Kent City Council Meeting
Date December 9, 2003
Category Consent Calendar
1. SUBJECT: KENT HUMAN SERVICES COMMISSION APPOINTMENT AND
RE-APPOINTMENTS— CONFIRM
2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Mr Jon
Botten to serve as a new member of the Kent Human Services Commission. Mr. Botten
is Executive Director of The Children's Therapy Center in Kent, he belongs to Kiwams,
is a member of the Executive Alliance of Social Service Agencies and is active with the
South King County Council of Human Services.
He will replace Mike Hemisch, whose term expired, and he will serve as a non-voting
Agency Representative on the Commission. His term will become effective on 1/l/04
and will continue until 1/I/07.
Confirmation of the Mayor's re-appointment of Mr. Brad Bell and Pastor Perry Raak to
continue serving as members of the Commission. Their new terms will continue until
1/1/07.
3. EXHIBITS: Memo
i
4. RECOMMENDED BY: Mayor White
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6X
•
KENT
WAS 4 1 N O T O N
MEMORANDUM
TO JUDY WOODS, CITY COUNCIL PRESIDENT
CITY COUNCILMEMBERS
FROM MAYOR JIM WHITE
DATE NOVEMBER 25, 2003
SUBJECT APPOINTMENT AND RE-APPOINTMENTS TO THE KENT HUMAN
SERVICES COMMISSION
1 have appointed Mr Jon Botten to serve as a neA member of the Kent Human Services
Commission Mr Botten is Executive Director of The Children's Therapy Center, belongs to
Kiwams, is a member of the Executive Alliance of Social Service Agencies and is active with the
South King County Council of Human Services
He will replace Mike Heinisch, whose term expired, and he will serve as the non-voting Agency
Representative on the Commission. His term will become effective on 1/1/04 and will continue until
1/l/07.
1 have also re-appointed Mr Brad Bell and Pastor Perry Raak to continue serving as members of the
Commission Their new terms will continue until 1/1/07
1 submit this for your confirmation
Jb
• OFFICE OF THE MAYOR
(� _r Jim White, Mayor
U Phone 253-856-5700
Fax 253-856-6700
Address 220 Fourth Avenue S
KENT Kent, IN 98032-5895
WASHINGTON
TO JUDY WOODS, COUNCIL PRESIDENT
CITY COUNCIL MEM ERS
FROM. JIM WHITE, '_MAYOR
DATE DECEMBER 4,2003
RE APPOINTMENT TO KENT LAND USE AND PLANNING BOARD
I have appointed Ms Janette Nuss to serve as a member of the Kent Land Use and Planning
Board Ms Nuss and her family are West Hill residents and until recently she was employed at
the Tacoma Art Museum in Private Programming Ms Nuss is knowledgeable about land use
. and planning issues since she previously served as a member of Kent's Planning Commission
Ms Nuss will replace Ron Harmon, who will resign from the Land Use and Planning Board to
begin his service as a Kent City Councilmember Ms Nuss's term will continue until 12/31/04
1 submit this for your confinnation
jb
•
OFFICE OF THE MAYOR
Jim White, Mayor
/1 i Phone 253-856-5700
�/ Fax 253-856-6700
Address 220 Fourth Avenue S
KEN T Kent,WA 98032-5895
WASHINGTON
MEMORANDUM
TO- JUDY WOODS, COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: JIM WHITE, MAYOR
DATE: DECEMBER 8, 2003
RE- APPOINTMENT TO KENT REGIONAL JUSTICE CENTER ADVISORY
BOARD
I have appointed Pastor Jane Prestbye of Kent Lutheran Church to serve as a member of the
Regional Justice Center Advisory Board Pastor Prestbye and her husband are Kent residents
• since moving to Kent 5 years ago to begin her work at the Church She attended Western
Washington University, Trinity Lutheran College and the Lutheran Seminary.
Pastor Prestbye will replace Marvin Eckfeldt, whose term expired. Her new term will continue
until 12/31/06
1 submit this for your confirmation.
jb
Kent City Council Meeting
Date December 9, 2003
Category Other Business
1. SUBJECT: STREAMLINED SALES TAX RESOLUTION — ADOPT
2. SUMMARY STATEMENT: This resolution supports efforts to streamline tax
collection definitions and procedures. However, the resolution requests that sales tax
revenue from intrastate sales continue to be distributed at the point of sale rather than at
the point of delivery. This approach protects cities that have used this sales tax revenue
to construct and operate infrastructure to support businesses that generate these
intrastate sales. At the same time, this approach would still distribute sales taxes
generated by catalog and internet sales conducted by out of state companies to the point
of delivery, which would be the cities whose residents and businesses placed the order
This approach would ensure that all cities across the state will benefit from the
streamlined sales tax provisions.
3. EXHIBITS: Resolution
4 RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_
None now, however, implementation of sales tax streamlining provisions that shift sales tax
distribution for intrastate sales from point of sale to point of delivery would cost the City
approximately$4 million annually
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7. CITY COUNCIL ACTION:
1
Councilmember C.o moves, Councilmember v') seconds
to adopt Resolution No., W supporting the Washington State adoption and
implementation of the Streamlined Sales Tax Agreement and requests mitigation and
linkage to internet and catalog sales taxes
DISCUSSION:
ACTION-
Council Agenda
Item No. 7A
RESOLUTION NO.
A RESOLUTION of the City of Kent supporting
the Washington State adoption and implementation of the
Streamlined Sales Tax Agreement, provided that the State
also 1) ensures a full mitigation or "hold harmless" method
is put in place for sourcing-impacted cities, and 2) utilizes a
timeline that is fully linked, or more closely linked, to
congressional authorization of internet and catalog sales
takes.
WHEREAS, the City of Kent understands and supports the concept of
streamlining definitions and sales tax rates for interstate sales, and
WHEREAS, the City of Kent believes it is important to make the State
sales tax system effective and efficient for priN ate businesses both -,ti ithin the State of
Washington and outside our geographic boundaries, and
WHEREAS, the State of Washington's tax structure is highly dependent
upon sales tax receipts, and
WHEREAS, the City of Kent has committed to its citizens and businesses
capital improvements and the delivery of services that depend upon present and future
sales tax income projected on a point of sale basis, and
WHEREAS, many cities, including the City of Kent, have NAorked hard to
develop economic, transportation, and land use policies that meet regional needs for
employment in warehousing, manufacturing, and retail activities and have expended
1 Support of Streamlined Sales Tax
significant resources to address infrastructure, traffic, and law enforcement demands that
result from those policies; and
WHEREAS, if the State changes the distnbution of sales tax receipts from
point of sale to point of distribution, there is a tax shift between cities who have
developed the economic and land use policies to support regional growth to cities and
counties that have chosen not to have this activity in their geographic boundaries; and
WHEREAS, if the State changes the distribution of sales tax receipts from
point of sale to point of distribution, a few dozen cities will bear the largest share of the
burden; and
WHEREAS, there are fundamental fairness issues that should be honored
when a major shift in tax policy «ould result in significant adverse impacts to dozens of
jurisdictions, such as the City of Kent, that have simply been following Washington
State's tax policy and rules for many years, and
WHEREAS, this issue of equality is of great importance to the City of
Kent, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. — Recitals Incorporated The above recitals are incorporated
into this resolution.
SECTION 2. — Supom The City of Kent supports the concept of
streamlining sales tax information and definitions to make it easier to collect sales taxes
for interstate and intrastate Internet-based commerce.
SECTION 3. —MrtrQation Measures The City of Kent strongly urges that
the Department of Revenue recommend, and ultimately the Washington State Legislature
adopt, sales tax streamlining in a way that contains strong mitigation or hold-harmless
measures for cities that traditionally have received sales taxes on a point of sale basis,
2 Support of Streamlined Sales Tax
such as a method that protects intrastate sales tax revenues by adopting point of delivery
collection measures on the one hand but using distribution methods that protect city
revenues on the other.
SECTION 4. — Linka e. The City of Kent strongly urges that the
I Department of Revenue recommend, and ultimately the Washington State Legislature
adopt, measures that either fully link, or more closely link, any implementation of the
Streamlined Sales Tax Agreement with federal congressional authorization of sales tax
imposition on interriet-based and mail order catalog sales
SECTION S. — Severabilia 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 N alidity of the remaining portions of this
resolution.
1 SECTION 6. — Effective Date This resolution shall take effect and be in
` force immediately upon its passage
1
� PASSED at a regular open public meeting by the City Council of the City of
Kent, Washington, this day of December, 2003
CONCURRED in by the Mayor of the City of Kent this day of
December, 2003
JEI l WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
3 Support of Streamlined Sales Tax
APPROVED AS TO FORM: 7�
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
December, 2003.
BRENDA JACOBER, CITY CLERK
1 l nY NI vV 1 f U\wn�.TUJ�18
4 Support of Streamlined Sales Tax
Kent City Council Meeting
Date December 9, 2003
Category Other Business
1. SUBJECT: 2003 PROPERTY TAX 1% STATUTORY ADJUSTMENT FOR
2004 BUDGET ORDINANCE - ADOPT
1
2. SUMMARY STATEMENT: State law requires a separate ordinance or resolution
in order to authorize any increase in property tax. This ordinance authorizes the
statutorily allowed 1% increase for inflation, which represents $217,043, in the property
tax levy for the 2004 budget. This adjustment is in addition to increases resulting from
the addition of new construction and improvements to property, from any increase in
the value of state-assessed property, from the refund fund levy, and from annexed
properties.
3. EXHIBITS: Ordinance and property tax information
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember i1 C:O moves, Councilmember seconds
to adopt Ordinance No. b °p 3 �' adopting a 1 /o increase of$217 043 over the 2003
P g ,
property tax levy for the 2004 budget, in addition to increases resulting from new
construction, improvements, increases in state assessed property, other adjustment, and
annexed properties.
DISCUSSION-
ACTION:
Council Agenda
Item No. 7B
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington,authorizing the 2003 property tax levy for
the 2004 budget at the previous year's tax levy, with a
statutonly allowed one (1) percent increase for inflation,
together with any increases resulting from the addition of new
construction and impro%ements to property, from any increase
in the value of state-assessed property, from the refund fund
levy, and from annexed properties
I
WHEREAS,pursuant to RCW 84 55 120 and after prov[ding all appropriate)
notice,the City Council held a public hearing on September 16, 2003,to consider the City
of Kent's proposed operating and capital budget for the 2004 calendar year, and held a
public hearing on November 18, 2003, to address the City's 2003 property tax leN y,
revenues, and limit factors, as well as the proposed 2004 budget; and
I
WHEREAS, pursuant to RCW 84 55 120, any increase in property tax
revenue other than that resulting from the addition of new construction and improvements
to property, annexations, and any increase in the value of state-assessed property and the
refund fund levy,requires the adoption of a separate ordinance from the tax levy ordinance
specifically authorizing the increase in terms of both dollars and percentage; and
i
WHEREAS, the City Council finds that to best protect the public health,
safety,and welfare,to best protect the City's future property tax levy capacity,to best serve
the citizens of Kent by maintaining an appropriate level of service throughout the City,to
I Tax Levy Adjustment Authorize
2004 Budge
appropriately discharge the City's expected expenses and obligations, and to best serve the
citizens of Kent through a continued commitment to capital improvements throughout the
City, a substantial need exists to increase its tax levy over last year;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. - Recitals Incorporated. The foregoing recitals are
incorporated into this ordinance.
I
SECTION 2. - Property Tax Levi,Authorr_ed In addition to the increase
resulting from new construction and mtproNements to property, from annexations, from
any increase in the value of state-assessed property, and from the refund fund levy, the
2003 regular property tax dollar levy for the 2004 budget is authorized at the previous
year's property tax levy, plus a one (1) percent increase, representing S217,043
i
SECTION 3. - Severahihty If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall
not affect the-v alidity of the remaining portion of this ordinance and the same shall remamj
in full force and effect.
SECTION 4. - Effective Date. This ordinance shall tale effect and be in
force five(5)days from and after its passage,approval,and publication as provided by law
JIM WHITE, MAYOR
2 Tax Levy Adjustment Authorized
2004 Budget
i
ATTEST:
BRENDA JACOBER, CITY CLERK
I
APPROVED AS TO FORM.
TOM BRUBAKER, CITY ATTORNEY
2 _
PASSED- day of December, _uU3
APPROVED day of December, 2003
PUBLISHED day of December, 2003
I hereby certify that this is a true copy of Ordinance No pass
by the City Council of the City of Kent, Washington, and approved by the Mayor of thl
City of Kent as hereon indicated
l
(SEAL)
I
BRENDA JACOBER, CITY CLERK
I
III P,C11.WRDIN ANCE Tea U,ylnar.eEwWuhed 2004 do
I
3 Tax Levy Adjustment Authorized
2004 Budget
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Kent City Council Meeting
Date December 9, 2003
Category Other Business
I. SUBJECT: 2003 PROPERTY TAX TOTAL LEVY FOR 2004 BUDGET
ORDINANCE —ADOPT
2. SUMMARY STATEMENT: This ordinances establishes the actual property tax
levy, which is based on a statutorily allowed 1% increase for inflation and also includes
the amounts estimated for new construction, improvements, increases in state assessed
property, other adjustments, and any annexations to the City. The estimated levy is
$22,302,436 for the General Fund and $1,775,000 for the Debt Service Funds, for an
estimated total of S24,077,436.
3 EXHIBITS: Ordinance
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS.,
7. CITY COUNCIL ACTION: p
Councilmember �A C.o moves, Councilmember 1 seconds
to adopt Ordinance No. establishing the estimated regular property tax levy of
$22,302,436 for the General Fund and $1,775,000 for the Debt Service Funds for a total
of S2+'9.7�b3* 1 775 a"
2,q 0�3 7 2,
DISCUSSION:
ACTION: VVAC
Council Agenda
Item No. 7C
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, levying 2003 property taxes for the 2004
budget for the City of Kent
WHEREAS, pursuant to RCW 84 55.120 and after providing all
appropriate notice, the City Council held a public hearing on September 16, 2003, to
l
consider the City of Kent's proposed operating and capital budget for the 2004 calendar
year, and held a public heanng on November 18,2003,to address the City's 2003 propertyl
i
tax levy, revenues, and limit factors, as well as the proposed 2004 budget, and
WHEREAS, pursuant to RCW 84 55 120, any increase to property tax
revenue other than that resulting from the addition of new,construction and improvements
to property, annexations, and any increase in the v alue of state-assessed property and the
refund fund levy,requires the adoption of a separate ordinance from the tax levy ordinance
specifically authorizing the increase in terms of both dollars and percentage, and
WHEREAS, by separate ordinance, the City Council has adopted an
ordinance to establish a one (1) percent increase in property tax revenue to be levied and
collected in year 2004; and
1 Property Tax Levie
2004 Budge
WHEREAS, pursuant to RCW 84.52.010 and WAC 458-12-365, taxes
shall be levied in specific dollar amounts; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. — Recitals Incorporaled. The foregoing recitals ar
incorporated into this ordinance.
SECTION Z — Property Tax Levied. There is hereby levied against the
assessed value of the property in the City of Kent, Washington, a tax for the City's 2004
budget in the following amounts for the following funds:
A. For the General Fund, for the purpose of paying the general expenses of municipal
government.
Levy per$1,000 of
assessed valuation DollarAmount
Fund (estimated) (estimated)
General Fund 2 566 S22,302,436
I�
B. For Voted Bond Interest and Redemption Fund, for the purpose of pa�ing deb
service in the following amounts for the following funds.
Levy per$1,000 of
assessed valuation DollarAmoun
Fund (estimated) (estimated)
General Obligation Refunding .204 S1,775,000
(Public Safety and Senior Housing)
C. Total General Fund and Voted Bond Interest and Redemption Fund-
Levy per $1,000 of
assessed valuation Dollar Amoun
(estimated) (estimated)
TOTAL LEVY 2.771 $24,077,436
2 Property Tax Levied
2004 Budge
SECTION 3. - Linutation on Leif. The application of the General Fun
levy shall be consistent with and shall not result in a tax reN enue in excess of the limitation
imposed by RCW 84 55 010.
SECTION 4. - Adjustments City administration shall adnuinster the
Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120
SECTION 5. - Serei'!2 p If any one or more sections, subsections, o
sentences of this ordinance are held to be unconstitutional or im alid, such decision shal
I
not affect the validity of the remaining portion of this ordinance and the same shall remai
in full force and effect
i
SECTION 6. - E(fectme Date This ordinance shall take effect and be 'I
i
force five(5)days from and after its passage,appro�al, and publication as provided by law
II
f
JIM WHITE, MAYOR
.ATTEST
�I
BRENDA JACOBER, CITY CLERK
I'
�I
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
3 Property Tax Levied
2004 Budge
PASSED: day of December, 2003.
APPROVED: day of December, 2003.
PUBLISHED: day of December, 2003.
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 o
Kent as hereon indicated.
I
(SEAL)
BRENDA JACOBER, CITY CLERK t
I
iI
P Gvl ORDIWICE Ta U,cd'_OW Jo
i
II
i
I
I
i
li
I�
4 Property Tar Levied
2004 Budge
Chapter 35A.33.120 RCW - The Washington State Legislature Page 1 of 1
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Legislature Home About Us E Mail Lists Search Hem
RCW TITLES >> TITLE 35A >> CHAPTER 35A 33>>SECTION 35A 33 120 Print Version
3.5A 33 110 << 35A 33 120 >> 35A 33 122
RCW 35A.33.120
Funds --Limitations on expenditures --Transfers and adjustments.
The expenditures as classified and itemized in the final budget shall constitute the city's
appropriations for the ensuing fiscal year Unless otherwise ordered by a court of competent
jurisdiction, and subject to further limitations imposed by ordinance of the code city, the expenditure
of city funds or the incurring of current liabilities on behalf of the city shall be limited to the following
(1) The total amount appropriated for each fund in the budget for the current fiscal year, without
regard to the individual items contained therein, except that this limitation shall not apply to wage
adjustments authorized by RCW 35A 33 105, and
(2) The unexpended appropriation balances of a preceding budget which may be carried forward
from prior fiscal years pursuant to RCW 35A 33 150, and
(3) Funds received from the sale of bonds or warrants which have been duly authorized
according to law, and
(4) Funds received in excess of estimated revenues during the current fiscal year, when
authorized by an ordinance amending the original budget, and
(5) Expenditures required for emergencies, as authorized in RCW 35A 33 080 and 35A 33 090
Transfers between individual appropriations within any one fund may be made during the current
fiscal year by order of the city's chief administrative officer subject to such regulations, if any, as may
be imposed by the city council Notwithstanding the provisions of RCW 43 09 210 or of any statute to
the contrary, transfers, as herein authorized, may be made within the same fund regardless of the
various offices, departments or divisions of the city which may be affected
The city council, upon a finding that it is to the best interests of the code city to decrease, revoke
or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance,
approved by the vote of one more than the majority of all members thereof, stating the facts and
findings for doing so, decrease, revoke or recall all or any portion of an unexpended fund balance,
and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys thus
released may be reappropriated for another purpose or purposes, without limitation to department,
division or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance
[1967 ex s c 119§35A 33 120 j
htto://www.lea.wa.00v/RCW/indpycfrn?fiicApr-tior=cnrf=cnrf nnP,cn,f,. ,_�17,� inn
Chapter 84.52.010 RCW - The Washington State Legislature Page 1 of 3
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Legislature Home About Us E-Mad Lists Search Help
RCW TITLES >> TITLE 84 >> CHAPTER 84 52 >> SECTION 84 52 010 Print Version
Beginning of chapter << 84 52 010 >> 84 52 018
RCW 84.52.010
Taxes levied or voted in specific amounts -- Effect of constitutional and statutory limitations -
- Use of hypothetical levy.
Except as is permitted under RCW 84 55 050, all taxes shall be levied or voted in specific amounts
The rate percent of all taxes for state and county purposes, and purposes of taxing districts
coextensive with the county, shall be determined, calculated and fixed by the county assessors of
the respective counties,within the limitations provided by law, upon the assessed valuation of the
property of the county, as shown by the completed tax rolls of the county, and the rate percent of all
taxes levied for purposes of taxing districts within any county shall be determined, calculated and
fixed by the county assessors of the respective counties, within the limitations provided by law, upon
the assessed valuation of the property of the taxing districts respectively
When a county assessor finds that the aggregate rate of tax levy on any property, that is subject
to the limitations set forth in RCW 84 52 043 or 84 52 050, exceeds the limitations provided in either
of these sections, the assessor shall recompute and establish a consolidated levy in the following
manner.
(1) The full certified rates of tax levy for state, county, county road district, and city or town
purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by
law, however any state levy shall take precedence over all other levies and shall not be reduced for
any purpose other than that required by RCW 84 55 010. If, as a result of the levies imposed under
RCW 36 54 130, 84 52 069, 84 34 230, the portion of the levy by a metropolitan park district that
was protected under RCW 84 52 120, and 84 52 105, the combined rate of regular property tax
levies that are subject to the one percent limitation exceeds one percent of the true and fair value of
any property, then these levies shall be reduced as follows- (a)The levy imposed by a ferry district
under RCW 36 54 130 must be reduced until the combined rate no longer exceeds one percent of
the true and fair value of any property or must be eliminated, (b) if the combined rate of regular
property tax levies that are subject to the one percent limitation still exceeds one percent of the true
and fair value of any property, the portion of the levy by a metropolitan park district that is protected
under RCW 84 52 120 shall be reduced until the combined rate no longer exceeds one percent of
the true and fair value of any property or shall be eliminated; (c)if the combined rate of regular
property tax levies that are subject to the one percent limitation still exceeds one percent of the true
and fair value of any property, then the levies imposed under RCW 84 34 230, 84 52 105, and any
portion of the levy imposed under RCW 84 52 069 that is in excess of thirty cents per thousand
dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer
exceeds one percent of the true and fair value of any property or shall be eliminated; and (d) if the
combined rate of regular property tax levies that are subject to the one percent limitation still
exceeds one percent of the true and fair value of any property, then the thirty cents per thousand
dollars of assessed value of tax levy imposed under RCW 84 52 069 shall be reduced until the
combined rate no longer exceeds one percent of the true and fair value of any property or
eliminated.
(2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing
taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of
taxes on such property within the provisions of these limitations
Chapter 84.52.010 RCW - The Washington State Legislature Page 2 of 3
(a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW
36 68 525, 36 69 145, 35 95A 100, and 67 38 130 shall be reduced on a pro rata basis or eliminated,
(b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property
tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated,
(c)Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax
levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first
fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the
first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be
reduced on a pro rata basis or eliminated,
(d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the first fifty cent per
thousand dollars of assessed valuation levies for metropolitan park districts created on or after
January 1, 2002, shall be reduced on a pro rata basis or eliminated,
(e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax
levy rates authorized to fire protection districts under RCW 52 16 140 and 52 16 160 shall be
reduced on a pro rata basis or eliminated, and
(f) Sixth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax
levy rates authorized for fire protection districts under RCW 52 16 130, library districts, metropolitan
park districts created before January 1, 2002, under their first fifty cent per thousand dollars of
assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of
assessed valuation levy,shall be reduced on a pro rata basis or eliminated
In determining whether the aggregate rate of tax levy on any property, that is subject to the
limitations set forth in RCW 84 52 050, exceeds the limitations provided in that section, the assessor
shall use the hypothetical state levy, as apportioned to the county under RCW 84 48 080, that was
computed under RCW 84 48 080 without regard to the reduction under RCW 84 55 012
[2003 c 83§310 Prior 2002 c 248§ 15,2002 c 88§7, 1995 2nd sp s c 13§4, 1995 c 99§2, 1994 c 124§36, 1993 c 337§4,
1990 c 234§4, 1988 c 274§7, 1987 c 255§1, 1973 1 st ex s c 195§101,1973 1st ex s c 195§ 146, 1971 ex s c 243§6, 1970
ex s c 92§4, 1961 c 15§84 52010,prior 1947 c 270§ 1, 1925 ex s c 130§74, Rem Supp 1947§ 11235,prior 1920 ex s c 3§
1, 1897 c 71 §62, 1893 c 124§63 1
NOTES:
Findings -- Intent --Captions, part headings not law -- Severability -- Effective date -- 2003
c 83: See notes following RCW 36 57A_200
Intent -- 1995 2nd sp s. c 13: See note following RCW 84 55 012
Finding -- 1993 c 337: See note following RCW 84 52 105
Purpose -- 1988 c 274: "The legislature finds that, due to statutory and constitutional limitations,
the interdependence of the regular property tax levies of the state, counties, county road districts,
cities and towns, and junior taxing districts can cause significant reductions in the otherwise
authorized levies of those taxing districts, resulting in serious disruptions to essential services
provided by those taxing districts The purpose of this act is to avoid unnecessary reductions in
regular property tax revenue without exceeding existing statutory and constitutional tax limitations on
cumulative regular property tax levy rates The legislature declares that it is a purpose of the state,
counties, county road districts, cities and towns, public hospital districts, library districts, fire
protection districts, metropolitan park districts, and other taxing districts to participate in the methods
provided by this act by which revenue levels supporting the services provided by all taxing districts
might be maintained " [1988 c 274 § 1 ]
Severabtltty -- 1988 c 274: "If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected " [1988 c 274 § 13 ]
httD://WWW IPQ vva onv1Rr\A11inr1Qv r'fm7ft 17,31 n,n
Chapter 84.52.010 RCW - The Washington State Legislature Page 3 of 3
Severability -- Effective dates and termination dates --Construction — 1973 1st ex.s. c 195:
See notes following RCW 84 52 043
Severability — 1971 ex.s. c 243. See RCW 84 34 920
Intent -- 1970 ex.s. c 92: "It is the intent of this 1970 amendatory act to prevent a potential
doubling of property taxes that might otherwise result from the enforcement of the constitutionally
required fifty percent assessment ratio as of January 1, 1970, and to adjust property tax millage
rates for subsequent years to levels which will conform to the requirements of any constitutional
amendment imposing a one percent limitation on property taxes It is the further intent of this 1970
amendatory act that the statutory authority of any taxing district to impose excess levies shall not be
impaired by reason of the reduction in millage rates for regular property tax levies This 1970
amendatory act shall be construed to effectuate the legislative intent expressed in this
section " [1970 ex s. c 92 § 11
Effective date --Application -- 1970 ex s. c 92: 'This act shall take effect July 1, 1970 but shall
not affect property taxes levied in 1969 or prior years " [1970 ex s c 92 § 11 ]
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Chapter 84.55.120 RCW - The Washington State Legislature Page 1 of 1
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Legislature Home About Us E-Marl Lists Search Help
RCW TITLES >> TITLE 84>> CHAPTER 84 55 >> SECTION 84 55 120 Pnrt version
84 55 110 << 84 55 120 >> 84 55 125
RCW 84.55.120
Public hearing --Taxing district's revenue sources --Adoption of tax Increase by ordinance
or resolution.
A taxing district, other than the state, that collects regular levies shall hold a public hearing on
revenue sources for the district's following year's current expense budget. The hearing must Include
consideration of possible increases in property tax revenues and shall be held prior to the time the
taxing district levies the taxes or makes the request to have the taxes levied The county legislative
authority, or the taxing district's governing body If the district is a city, town, or other type of district,
shall hold the hearing For purposes of this section, "current expense budget" means that budget
which is primarily funded by taxes and charges and reflects the provision of ongoing services It
does not mean the capital, enterprise, or special assessment budgets of cities, towns, counties, or
special purpose districts
If the taxing district is otherwise required to hold a public hearing on its proposed regular tax levy,
a single public hearing may be held on this matter
No increase in property tax revenue, other than that resulting from the addition of new
construction and improvements to property and any increase in the value of state-assessed
property, may be authorized by a taxing district, other than the state, except by adoption of a
separate ordinance or resolution, pursuant to notice, specifically authorizing the increase in terms of
both dollars and percentage The ordinance or resolution may cover a period of up to two years, but
the ordinance shall specifically state for each year the dollar increase and percentage change in the
levy from the previous year
11997 c 3§209(Referendum Bill No 47,approved November 4,1997), 1995 c 251 §11
NOTES:
Severability -- Part headings not law -- Referral to electorate -- 1997 c 3: See notes following
RCW 84 40 030
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Kent City Council Meeting
Date December 9, 2003
Category Other Business
1. SUBJECT: 2004 FINAL BUDGET ADOPTION— ORDINANCE
2. SUMMARY STATEMENT: This ordinance adopts the City's 2004 budget. The
budget to be adopted is summarized in Exhibit A and includes the Preliminary Budget
document as amended by Exhibit B, which constitutes technical corrections made to the
Preliminary Budget since its original publication on October 14, 2003.
3. EXHIBITS: Budget summary, technical amendments to Preliminary Budget
document, and ordinance
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION: )
Councilmember W (r(Td(� moves, Councilmember seconds
to adopt Ordinance No. �10 adopting the final 2004 Operating and Capital Budget,
which includes Exhibits A and B.
DISCUSSION:
ACTION: �l
Council Agenda
Item No. 7D
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, relating to budgets and finance and
adopting the final 2004 fiscal year budget
WHEREAS, the tax estimates and budget for the City of Kent, Washington,
for the 2004 fiscal year have been prepared and filed as prox ided by law, and
WHEREAS, the budget has been pnnted and distributed; and
i
i
WHEREAS, notice has been published in the official paper of the City o
a ( Kent setting the time and place for heanng, and
WHEREAS, that notice stated that all taxpayers calling at the office of thel
I
City Clerk would be furnished a copy of the 2004 budget, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS.
I
SECTION]. -Budget Adoption Pursuant to RCW 35A 33 075,the budget
for the 2004 fiscal year, as summarized in Exhibit "A" and as set forth in the 2004
Preliminary Comprehensive Budget, which is amended by Exhibit "B," all of which are
incorporated into this ordinance by this reference, is hereby adopted in the amounts and for
the purposes established in that budget as the final budget for the City's 2004 fiscal year.
1 2004 Budget Adoptio>
SECTION2. - Transmittal. The Finance Director shall transmit a complete
copy of the final adopted budget to the Division of Municipal Corporations in the Office o
the State Auditor and to the Association of Washington Cities.
SECTIONS. -Acjusnnents. City administration shall administer the Annual
Budget and in doing so may authorize adjustments pursuant to RCW 35A 33.120
SECTION 4. - Severability. If any one or more sections, subsections, o
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
I in full force and effect.
I
SECTIONS. -Effeetwe Date This ordinance shall take effect and be in force
five (5)days from and after the date of passage and publication as provided by law
I
!
JIM WHITE, MAYOR �
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
2 2004 Budget Adoptio►
i
iPASSED: day of December, 2003.
APPROVED: day of December, 2003.
PUBLISHED: day of December, 2003.
I
I hereby certify that this is a true copy of Ordinance No passed by the
City Council of the City of Kent, Washington, and appro�ed by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
� I
I
II{
IP .I Wll\.\\1IL..Yn !. Y
11
I III
"'� 3 2004 Budget Adoptio
2004 Budget Ordinance
DRAFT
Exhibit A
Inc(Dec) Beginning Ending
in Fund Fund Fund
Revenues Expenditures Balance Balance Balance
GOVERNMENTAL FUNDS
GENERAL FUND 61,360,291 62,793,185 (1,432,894) 4.840,075 3,407,181
SPECIAL REVENUE FUNDS
Street 3,832,646 3,664,609 168,037 514.867 682,904
Lodging Tax Fund 121,794 154,054 (32,260) 65,447 33,187
Youth/Teen Programs 609,514 609.514 53,980 53,980
Capital Improvement 8,705,886 8,521,752 184,134 703,325 887,459
Criminal Justice 2,399,529 2,634,640 (235,111) 666,412 431,301
Environmental Mitigation 148,492 175,201 (26,709) 231.666 204,957
Community Block Grant 973,000 973,000
Other Operating Protects 43,500 43,500
DEBT SERVICE FUNDS
Voted 1,785,000 1,780,628 4,372 8,030 12,402
Counctlmanic 7.665,023 7,665,023
Special Assessment 2,612,124 2,722,308 (110,184) 2,116,204 2,006,020
CAPITAL PROJECTS FUNDS
Street Protects 1.023,000 1,023,000
Parks Protects 1,971,772 1,971,772
Facilities Projects 80,000 80,000
Technology Projects 300,000 300,000
PROPRIETARY FUNDS
ENTERPRISE FUNDS
Water 8,722,254 8,942,376 (220,122) 2.023,123 1,803,001
Sewerage 23,587,183 22,577,704 1,009,479 1,250,295 2,259,774
Golf Complex 3,314.000 2,962,456 351,544 109,992 461,536
INTERNAL SERVICE FUNDS
Equipment Rental 2,896,984 2,917,731 (20,747) 2,587,876 2.567,129
Central Services 4,577,744 4,561,251 16,493 145,415 161.908
Fire Equipment 443,281 600,000 (156,719) 306,211 149,492
Facilities Fund 4,089,315 4,227.159 (137,844) 167,239 29,395
Insurance 13,090,016 12,864,984 225,032 2,270,611 2,495,643
FIDUCIARY FUNDS
TRUST AND AGENCY FUNDS
Foremen's Pension 209,525 276,180 (66,655) 3,671,905 3,605,250
Economic Development Corp 4,825 7,222 (2,397) 27.437 25,040
TOTAL GROSS BUDGET 154,566,698 155,049,249 (482,551) 21.760,110 21,277,559
LESS.
Internal Service Funds 24.106,812 24,106,812
Other Transfers 12,335,882 12,335,882
TOTAL BUDGET 118,124,004 118,606,555 (482,551) 21,760,110 21,277,559
CITY OF KENT,WASHINGTON
2004 Budget Ordinance
DRAFT
Exhibit B
Inc(Dec) Beginning Ending
in Fund Fund Fund
Revenues Expenditures Balance Balance Balance
GOVERNMENTALFUNDS
GENERAL FUND 61,406,072 62,731,824 (1,325,752) 4,840,075 3,514,323
Property tax-assessed valuation
Technical correction senior trips (45.781) (45,781) (45,781)
Position moved to street&utilities (104,000) 104,000 104,000
Sales tax streamlining 25,000 (25,000) (25,000)
Suburban Cities dues correction 5,288 (5,28B) (5,288)
Correct cost allocations 135 073 (135,073) (135,073)
Total General Fund 61,360,291 62,793,185 (1,432,894) 4,840,075 3,407,181
SPECIAL REVENUE FUNDS
Street 4,610,595 4,790,978 (180,383) 912,118 731,735
Position moved hom General Fund 26,000 (26,000) (26,000)
Adjust Debt Service 154,527 (154 527) (154,527)
Remove 775 revenues!projects (777 949) (1 306 896) 528 947 (397 251) 131 696
Total Street Fund 3,832,646 3,664,609 168,037 514,867 682,904
Lodging Tax Fund 121,794 121,000 794 794
Adjust Debt Service (7,596) 7,596 7,596
Adjustments percommittee request 40650 (40650) 65,447 24,797
Total Lodging Tax Fund 121,794 154,054 (32,260) 65,447 33,187
Youth[Teen Programs 609,514 609 514 53 980 53 980
Capital Improvement Fund 8,705,886 8,784,246 (78,360) 703,325 624,965
Adjust Debt Service (262 494) 262,494 262 494
Total Capital Improvement Fund 8,705,886 8,521,752 18.4,134 703,325 887,459
Criminal Justice 2,399,529 2,624,640 (225,111) 656412 431,301
Overlooked defibrilators-seized assets 10 000 (10,000) 10 000
Total Criminal Justice Mitigation Fund 2,399,529 2,634,640 (235,111) 666,412 431,301
Environmental Mitigation 148492 175201 (26,709) 231,666 204,957
Community Block Grant 973,000 973,000
Other Operating Projects 43,500 43,500
DEBT SERVICE FUNDS
Voted 1,785,000 1.780,628 4 372 8,030 12,402
Councdmanic 7,7B0,586 7,780,586
Adjust Debt Service (115,563) (115 563)
Total Councilmanic Debt Service Fund 7,665,023 7,665,023
Special Assessment 2,612,124 2,722,308 (110,184) 2,116,204 2,006,020
CAPITAL PROJECTS FUNDS
Street Projects 2,438,000 2,438,000
1-776 Reduction (1,415,000) (1,415000)
Total Street Capital Projects Fund 1,023,000 1,023,000
• Parks Projects 1,971,772 1,971,772
Facilities Projects 80,000 80,000
Technology Projects 300,000 300,000
CITY OF KENT,WASHINGTON
2004 Budget Ordinance
DRAFT
Exhibit B
Inc(Dec) Beginning Ending
In Fund Fund Fund
Revenues Expenditures Balance Balance Balance
PROPRIETARY FUNDS
ENTERPRISE FUNDS
Water 8,722,254 8,916,376 (194,122) 2,023,123 1,829,001
Position moved from General Fund 26,000 (26,000) (26,000)
Total Water Fund 8,722,254 8,942.376 (220.122) 2,023.123 1,803,001
Sewerage 23,587,183 22,525,704 1,061,479 1,250,295 2,311,774
Positron moved from General Fund 52,000 (52,000) (52,000)
Total Sewer Fund 23,587,183 22,577,704 1,009,479 1,250,295 2,259,774
Golf Complex 3,314,000 3,097,529 216,471 109,992 326,463
correction of cost allocations (135,073) 135,073 135,073
Total Golf Complex Fund 3,314,000 2,962,456 351,544 109,992 461,536
INTERNAL SERVICE FUNDS
Equipment Rental 2,896,984 2,618,933 278,051 2,587,876 2,865,927
Correction to auto parts 298,798 (298,798) (298,798)
Total Equipment Rental Fund 2,896,984 2,917,731 (20,747) 2,587,876 2,567,129
Central Services 4,577,744 4,561,251 16,493 145,415 161,908
Fire Equipment 443,281 600,000 (156,719) 306,211 149,492
Facilities Fund 4,089,315 4,227,159 (137,844) 167,239 29,395
Insurance 13,090,016 12,864,984 225.032 2,270,611 2,495,643
Liability Insurance fund-legal fees 25,000 (25,000) (25,000) (50,000)
IBNR adjustment (25,000) 25,000 25,000 50000
Total Insurance Fund 13,090,016 12,864,984 225,032 2,270,611 2,495,643
FIDUCIARY FUNDS
TRUST AND AGENCY FUNDS
Firemen's Pension 209,525 276,180 (66,655) 3,671,905 3,605,250
Economic Development Corp 4,825 7,222 (2,397) 27,437 25,040
TOTAL GROSS BUDGET 154,566,598 155,049,249 (482,551) 21.760,110 21,277,559
LESS
Internal Service Funds 24,106,812 24,106.812
Other Transfers 12,335,882 12,335,882
TOTAL BUDGET 118,124,004 118,606,555 (482,551) 21,760,110 21,277,559
Chapter 35A.33.070 RCW - The Washington State Legislature Page 1 of 1
�.�,
WASH( 1G_10 ;S,TATE LEG.ISLATUR
Legislature Home About Us E Mail Lists Search Help
RCW TITLES >> TITLE 35A >> CHAPTER 35A 33>>SECTION 35A 33 070 Print Version
35A 33 060 << 35A 33 070 >> 35A 33 075
RCW 35A.33 070
Budget -- Hearing
The council shall meet on the day fixed by RCW 35A 33 060 for the purpose of fixing the final budget
of the city at the time and place designated In the notice thereof Any taxpayer may appear and be
heard for or against any part of the budget. The hearing may be continued from day to day but not
later than the twenty-fifth day prior to commencement of the city's fiscal year
(1967 ex s c 119§35A 33 070]
htti)://www.lec.wa.cov/RCW/index.cfm?fuseaction=section§ion=35A 33 n70 11/?5/?0m
Chapter 35A.33.075 RCW - The Washington State Legislature Page 1 of 1
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Legislature Home About Us E-Mail Lists Search Help
RCW TITLES >> TITLE 35A >> CHAPTER 35A 33>>SECTION 35A 33 075 Print Version
35A 33 070 << 35A 33 075 >> 35A 33 080
RCW 35A.33.075
Budget adoption.
Following conclusion of the hearing, and prior to the beginning of the fiscal year, the legislative body
shall make such adjustments and changes as it deems necessary or proper and after determining
the allowance in each item, department, classification and fund, and shall by ordinance, adopt the
budget in its final form and content Appropriations shall be limited to the total estimated revenues
contained therein including the amount to be raised by ad valorem taxes and the unencumbered
fund balances estimated to be available at the close of the current fiscal year Such ordinances may
adopt the final budget by reference PROVIDED, That the ordinance adopting such budget shall set
forth in summary form the totals of estimated revenues and appropriations for each separate fund
and the aggregate totals for all such funds combined
A complete copy of the final budget as adopted shall be transmitted to the state auditor, and to
the association of Washington cities
11995 c 301 §53, 1969 ex s c 81§3, 1967 ex s c 119§35A 33 G75]
NOTES:
Effective date -- 1969 ex.s. c 81: See note following RCW 35A 13_035
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Chapter 35A.33.120 RCW - The Washington State Legislature Page 1 of 1
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jislature Home About Us E-Mail Lists Search Hem
RCW TITLES >>TITLE 35A>> CHAPTER 35A 33>> SECTION 35A 33 120 Print Version
35A 33 110 << 35A 33 120 >> 35A 33 122
RCW 35A.33.120
Funds -- Limitations on expenditures --Transfers and adjustments.
The expenditures as classified and itemized in the final budget shall constitute the city's
appropriations for the ensuing fiscal year Unless otherwise ordered by a court of competent
jurisdiction, and subject to further limitations imposed by ordinance of the code city, the expenditure
of city funds or the incurring of current liabilities on behalf of the city shall be limited to the following
(1) The total amount appropriated for each fund in the budget for the current fiscal year, without
regard to the individual items contained therein, except that this limitation shall not apply to wage
adjustments authorized by RCW 35A 33 105, and
(2) The unexpended appropriation balances of a preceding budget which may be carried forward
from prior fiscal years pursuant to RCW 35A 33 150, and
(3) Funds received from the sale of bonds or warrants which have been duly authorized
according to law, and
(4) Funds received in excess of estimated revenues during the current fiscal year, when
authorized by an ordinance amending the original budget, and
(5) Expenditures required for emergencies, as authorized in RCW 35A 33.0.80 and 35A 33 090
Transfers between individual appropriations within any one fund may be made during the current
fiscal year by order of the city's chief administrative officer subject to such regulations, if any, as may
be imposed by the city council Notwithstanding the provisions of RCW 43 09 210 or of any statute to
the contrary, transfers, as herein authorized, may be made within the same fund regardless of the
various offices, departments or divisions of the city which may be affected
The city council, upon a finding that it is to the best interests of the code city to decrease, revoke
or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance,
approved by the vote of one more than the majority of all members thereof, stating the facts and
findings for doing so, decrease, revoke or recall all or any portion of an unexpended fund balance,
and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys thus
released may be reappropriated for another purpose or purposes, without limitation to department,
division or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance
(1967 ex s c 119§35A 33 1201
htto•//www lea wa.aov/RCW/mdex,cfm?fuseactlon=section§ion=35A.33.120 11/25/2003
Kent City Council Meeting
Date December 9, 2003
Category Other Business
1. SUBJECT: OUTSIDE UTILITY SERVICE ORDINANCE — ADOPT
2. SUMMARY STATEMENT: The proposed ordinance amends Ch. 7.11 of the Kent
City Code to separate and clarify what the City will require in order to provide utility
service to properties located outside the City limits and either within or outside the
City's potential annexation area.
This matter was considered and approved by the Public Works Committee at its
December 11 2003, meeting, but was set for the "other business" calendar in order to
clarify the modifications made to this ordinance as compared to existing code. The
ordinance included within the packet by public works did not indicate by underline new
language added to Ch. 7.11 of the Kent City Code.
3. EXHIBITS: Ordinance, memorandum and Public Works Minutes 3/12/01
• 4. RECOMMENDED BY: Public Works Director and Staff
(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
to adopt Ordinance No-421 amending Ch. 7.11 of the Kent City Code regarding the
terms and conditions under which the City will provide utility service to properties
located outside the City limits
Ct4N 2-y.d4J
DISCUSSION: aA
ACTION:
Council Agenda
Item No. 7E
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Ch 7.11 of the Kent City
Code, entitled "Utility service outside the city," to clarify
conditions for the provision of utility services to properties
located outside the City limits
WHEREAS, RCW 35 67 310 allows the City to provide utility sern ice
to properties located outside the City limits upon terms and conditions established by
ordinance, and
WHEREAS, Ch 7.11 of the Kent City Code contains the City's current
code provisions regarding utility, service outside the City, which was last amended ml
I`o%ember 1990; and
WHEREAS this ordinance amends Ch 7 11 of the Kent City Code to
separate and clarify what the City will require in order to proN ide utility services to
properties located outside the City limits, but within the City's potential annexation
area, and when providing utility services to properties located outside the City limits
and outside the City's potential annexation area, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
i Ch. 7.11 KCC- Utility Service
Outside the City of Kent
SECTION 1. — Amendment. Chapter 7 11 of the Kent City Code,
entitled "Utility service outside the city," is amended as follows:
Chapter 7.11. UTILITY SERVICE OUTSIDE THE CITY
Sec. 7.11.010. Within potential annexation area..' ^^ dtsign *d. The City
j may will fiet-provide utility services to properties located outside City limits, but
within the City's potential annexation area,
the exeeption efthese afeas m ithin the J P. ..J. sr
if the property owner requesting such service
covenants and agrees as follows.
1. The owner will enter into a "no-protest to annexation" agreement,
ikhich the City will record v�rth the King County Recorder's Office in Nshich the
owner will give notice of the owner's intent to annex and �Nill petition for annexation
of the property to the City_ , under any statutory
annexation method now enacted or subsequently enacted, that im olives a petition
process in order to effect the annexation. The notice and petition "Hill constitute a
covenant that runs with the owner's property and will applv at the time the owner's
I
t13eff property is included within any area that -A hic•rthe City is considermg is bet+
eefisfdffedfor annexation The notice and petition agreement will state that, upon
annexation the property will be assessed and taxed at the same rate and on the same
basis as property within the City is assessed and taxed, and will include any
outstanding indebtedness of the City_contracted prior to or existing at the time of
annexation Further, this notice and petition will only be accepted by !be eiiy under
terms and conditions established by the City through the public works department and
consistent with the provisions of this chapter.
2 Ch. 7.11 KCC- Utility Service
Outside the City of Kent
city is assessed and
t. ..t a .. r to or existing taxed, at the tinne of annenativii.
23. The owners will agree to design and construct all public improi•ements
to meet or exceed City subdivision and construction standards The City's public
works director, or his or her designee, depaAwie�reserves 4sthe right to �whhold
providing sanitary sewer-, &nd or water service until the public improN ements have been
constructed in accordance with such standards.
34 The owners will agree to provide the City with mylar-reproducible or
other acceptable as-built construction drawings of the public improvements prior to
initiating building construction on any lot within anv tlte-proposed subdivision of the
property The City shall have the right to inspect all construction Mork dunng and
after completion Anv work found not to have been constructed in accordance with
City construction standards, as determined by the public works director or his or her
designee, shall be corrected by oxvner at the owner's sole cost and expense
I
I
4- The evrf,eFs agree that de, elepn3ent-e€ the ,n H^}e
,
i
and ^ffie system The owners will agree and covenant tha! they auto participate in
the cost of constructing required improv ements determined to be necessary by the City,
including impacts to the City's streets, roads, and traffic system and to the Citv's
i
creeks, streams, and drainage system, and paa`ment of aproportionate share of all costs
associated with the construction of the road and traffic system improvements as
determined by the City. These improvements actions must be completed to the City's
satisfaction prior to the City providing utility service
6 The ewneF shall agree ie pay a pFopef4ionaie shaFe f all ee
associated with the-eenstFuetien of the Fead and traffic system ifflPfoveHieiits as
i
I
3 Ch. 7.11 XCC- Utility Service
Outside the City of Kent
♦iV YV11Jll U\.11V1•
57. The requirements of this section will act as Ccovenants and promises
cntained in suchagfeementsthat will shall-run with the land and shal•}-be binding upon
all parties and successors in interest having or acquiring any right, title, or interest in
the property and the improvements described in any agreement.
68. The owners will agree that, should it fail to comply with any of the
covenants ore€ any agreements executed with the City, the City may, at its sole
discretion, terminate the ma's-utility services provided to the owner.
I
79. The aAneFs ^g_ e ilia; the annexation areas subject to these agreements
shall be consistent with appheable subafea latid kise plans aiid the City's e�Eye
comprehensive plan; preN•ded lie o. _ that the OWFIo_,. fiii4,r_ iha until ...,r,
and with
the C4yCity's long-range planning goals, as— ha4-43e determined by the plann ing
I
manager difecter-, ^„d �' `Jhe City may withhold full implementation of the
comprehensive land use plan map designations in its annexation zoning proposals in
i
order to achieve a more orderly physical development pattern and to implement its
goals of twenty(20) percent density reduction in multifamily residential areas
I'
84-0. The owners will state in its 4teff-ap2lication for utility service or in its
1 notice and petition for annexation the existing King County zoning designation in
order to a»d—certify that it is consistent with the City's plan as de4eFmmed by the
„i^„„•„ direr,.,. „,•i eh time as the ,nnn 1993 comprehensive plan update is
complete.
Section 7.11.020. Outside Potential Annexation Area In accordance with
RCW 35.67.310, as currently enacted or hereafter amended or recodified, the City may
provide utility services to properties located outside City limits and outside the City's
4 Cit. 7.11 KCC- Utility Service
Outside the City of Kent
potential annexation area if the property owner requesting such service covenants and
agrees,in writing, to the following requirements:
1 The owner agrees that development of the property may create
significant impacts on the City, including impacts to the City's streets roads and
traffic system and to the City's creeks streams and drainage system The owner will
agree and covenant that it will participate in the cost of constructing required
improvements determined to be necessary by the City These actions must be
i completed to the City's satisfaction pnor to the City providing utility service to the
subject property
2 The owner agrees and covenants that it will mitigate its impact upon the
Citv's stone drainaee system in those areas deemed appropriate by the City's public
j works director, or his or her designee Mitigation may be by implementing the off-site
mitigation improvements deemed necessary by the City, by paNing to the Citv an
i
amount equivalent to the estimated cost of construction of the necessary improiements
in order to mitigate the impact upon the City's system due to development of owner's
property, or by other appropriate mitigation procedures In those instances where
impacts to a major or regional protect is involved, the mN ner shall pay a prorated share
as determined appropriate by the City Construction of any mitigating improiements
shall meet or exceed Citv construction standards and shall be further made in
iaccordance with this subsection
3 The owner shall agree to pay a proportionate share of all costs
associated with the construction of the road and traffic system improvements as
determined by the City. Further, where the subiect propertv abuts and takes access off
of a City street, the owner agrees to improve the property's frontage to City standards
as outlined in the City's construction standards The owner shall submit plans of the
frontage improvements to the City for reN iew and approN al along xvith providing molar
reproducible or other acceptable as-built construction drawings upon completion The
City shall have the right to inspect the construction work dunng and after completion
5 Ch. 7.11 KCC- Utility Service
Outside the City of Kent
Any work found not to have been constructed in accordance with the Citv's
construction standards, as determined by the City's public works director or his or her
designee, shall be corrected by owner at owner's expense. These frontage
improvements must be completed or bonded to the satisfaction of the City pnor to the
City providing utility service to the property.
4. The owner agrees that the covenants and promises contained in these
agreements shall run with the land and shall be binding upon all parties and successors
in interest having or acquiring any right, title, or interest in the property and
improvements descnbed in any agreement.
5. The owner agrees that, should it fail to comply with any of the
covenants or any of the agreements executed with the City, the City may, at its sole I
discretion, terminate the utility services provided to owner
6. For those properties seeking City utility senice that would affect an
upstream tributary of a drainage watershed area that is subiect, all or in part, to City
regulation or control, and which is serviced, all or in part, by the City's storm and
surface water utility, the following additional requirements A ill also apply:
i
(a) The owner will design and construct all public andlorprivate
storm \Nater detention and water quality treatment system(s) ("drainage system(s)") in
a manner that meets or exceeds City construction standards as determined by the public
works department. The City's public works director, or his or her designee, reserves
I
his or her right to withhold sanitary sewer and water service until the drainage
system(s) have been constructed in accordance with these standards.
(b) The owner will submit all construction plans for the drainage
system(s) associated with the development to the City for its review and approial prior
to initiating development work on the property. The owner will provide the City with
mylar-reproducible or other acceptable as-built construction drawings of the drainage
6 Ch. 7.11 KCC- Utility Service
Outside the City of Kent
system(s) after they have been constructed The owner will grant the City the right to
enter the owner's property at anytime in order to inspect any construction work during
design or construction or after its completion. Any work found not to have been
constructed in accordance A ith City construction standards as determined by the
public works director or his or her designee shall be corrected by the OAner at its sole
cost and expense.
(c) The owner will pay any permit review fees deemed appropnate
by the public works director The owner must grant to the City a nght of access to
inspect continuing operations and maintenance of the drainage system(s) to assare they
are being operated and maintained properly If the drainage system(s) are not
i
maintained or operated properly, the owner agrees to promptly bring the utility
facilities into compliance with Citv standards
(d) Where deemed appropriate by the public xxorks director, or his
or her designee, owner's propertv may be subject to the same terms and conditions as
those properties located within City limits, including but not limited to sen ice charges
in accordance with Ch 7 05 of the Kent Citv Code, as currently enacted or as hereafter
amended or recodified from time to time
SECTION?. - Severabiiur 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 tie same
shall remain in full force and effect.
I I
SECTION 3. - Effectn,e 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
7 Ch. 7.11 KCC- Utithy Service
Outside the City of Kent
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM.
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of December, 2003.
APPROVED: day of December, 2003
PUBLISHED: day of December, 2003.
j 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
II
(SEAL)
BRENDA JACOBER, CITY CLERK
I.
j
j
8 Ch. 7.11 KCC- Utility Service
Outside the City of Kent
PUBLIC WORICS DEPARTMENT
Don E Wukstrom,
KENT P E Public Works Director
W•�X,N GTON
Phone 253-856-5500
Fa-x 253-856-6500
Address 220 Fourth Avenue S
Kent, WA 98032-5S95
DATE: December 2, 2003
TO: Public Works Committee
FROM: Don Wickstrom, Public Works Director
SUBJECT: Utility Services Outside City Limits
MOTION: Recommend Council adopt the proposed ordinance that amends Ch. 7.11 of
the Kent City Code to clarify conditions for the provision of utility services to properties
located outside City limits.
SUMMARY:
RCW 35 67 310 allows the City to provide utility service to properties located outside City limits,
upon terms and conditions established by ordinance Chapter 7 11 of the Kent City Code
contains the City's current code provisions regarding utility service provided outside the City
However, these provisions were last amended more than thirteen (13) years ago—in November
1990.
The proposed ordinance amends Ch 7 11 of the Kent City Code to separate and clarify what the
City will require in order to provide utility service to properties located outside the City limits, but
within the City's potential annexation area, and when providing utility service to properties
located outside the City limits and outside the City's potential annexation area
BUDGET IMPACT:
None
BACKGROUND:
The City has a long history dating back to 1972 (Resolution No 718-A) of dictating under what
conditions the City would be willing to provide utility service (sewer and/or water) outside its
corporate limits In the mid 1980's these conditions were subsequently incorporated into a City
Ordinance (Ordinance No 2676 and 2696) which has since only been amended once in 1990
Since that time a lot has changed Cities such as SeaTac and Covington have incorporated
The Growth Management Act was enacted and Kent now has agreements with its surrounding
jurisdictions regarding its designated Potential Annexation Areas (PAA) All this leads to the
fact as shown on the attached map that the City's utility system which once was only anticipated
to service unincorporated areas that potentially would be annexed now services areas that are
either in other jurisdictions or their PAA's As such this proposed ordinance addresses this
change along with the recent changes to the State's annexation law It should be noted while
providing utility service to areas in other jurisdictions or their respective PAA's we are still
proposing to retain authority over certain potential development aspects (drainage and Iraffic)
which would impact Kent
The importance of this came to light with Polygon's proposed condo development within the City
of SeaTac just west of 42"d Ave and Northerly of S 216"' St which abuts Kent's city limits Here
Kent gets both the storm drainage and traffic impacts associated with the development without
any reserve base to address same However, when Council approved providing sewer service
to this area it was understood that these impacts would be addressed and this ordinance
assures that the City is on solid ground to do so
V 1WIWOTW3-0111E SM ETS�� twt
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PUBLIC WORKS COMMITTEE MINUTES
December 1, 2003
COMMITTEE MEMBERS PRESENT: Chair Tim Clark , Rico Yingling, Julie
Peterson
The meeting was called to order by Committee Chair Tim Clark at 5 02 P M
Approval of Minutes of November 3, 2003
Committee Member Julie Peterson moved to approve the minutes of November 3, 2003
The motion was seconded by Committee member Rico Yingling and passed 3-0
Vehicle and Equipment Surplus
Public Works Director Don Wickstrom said the listed equipment/vehicles comply with
current replacement policy guidelines and have been replaced The items will be sold at
auction or sold to smaller cities Alice Conrad, Fleet Superintendent was present at the
meeting to answer any questions
Rico Yingling moved to recommend the Council authorize the staff to appropriately
dispose of the equipment as described and listed in the memorandum dated
November 12, 2003. The motion was seconded by Julie Peterson and passed 3-0.
Utilitv Service Outside Citv Limits Ordinance
Public Works Director Don Wickstrom said Public Works is proposing to amend the City
Code and bring it up to date This section of the code was last updated in 1990 Since
then many things have changed concerning both the annexation laws and the City's
future corporate boundary limits Wickstrom noted that with the recent court decision
and subsequent legislative action the annexation laws have changed Further, with the
1990 Growth Management Act and the incorporation of new cities such as Seatac the
City's utilities sern ice area now extends beyond our future corporate boundaries The
proposed changes address both these issues Wickstrom showed a map denoting the
areas effected by the changes. Wickstrom also noted that for those service areas lying
within other jurisdiction's or their respective PAAs the department was proposing to
retain the right to require traffic and drainage mitigation in conjunction with providing
utility service.
Brett Vinson Assistant City Attorney was present to answer questions Committee
member Rico Yingling asked if it was legal to have someone requesting services sign a
No Protest Agreement Brett Vinson stated that RCW 35 67 310 allows the City to
provide utility service to properties located outside the City limits upon terms and
conditions established by ordinance Both statutory and case law authority allow us to do
this.
Committee Chair Tim Clark asked Wickstrom what caused the changes to be needed
Wickstrom said when this was originally set up it was assumed that all properties
serviced by city utilities would eventually be part of the city This is not so today Our
service area now includes other jurisdictions such as Seatac or their designated Potential
Annexation Areas such as Auburn's
2
Julie Peterson asked about the copy of the Ordinance that was included with the packet
The text that had been deleted was lined out but the text that was added was not noted
She requested an amended copy Brett Vinson said he would provide all Council
Members an amended copy so they could review the document and have the item placed
on the Other Business section of the agenda for the December 9`1' City Council Meeting
Wickstrom denoted that the section 7 11 010 is basically the original ordinance and
section 7 11 020 is all new
Julie Peterson moved to have the Utility Service Outside City Limits Ordinance
placed on the Other Business agenda at the December 91h City Council meeting with
the provision we see the amended draft ordinance. The motion was seconded b%
Rico Yingling and passed 3-0.
Council Member Rico Yingling said it would be his last Public Works Committee
meeting and he wanted to thank Chair Tim Clark for all of his hard work on the
committee and leadership He also wanted to thank Don Wickstrom and his staff for the
great work they do in the City of Kent Rico said the citizens of Kent have a lot to be
proud of in what you have accomplished Rico said he was pleased to ha%e been on the
Public Works Committee for his entire 6 years on the City Council
The meeting adjourned at 5 24 P M
Janet Perschek
Administrative Assistant
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Ch 7 11 of the Kent City
Code, entitled "Utility service outside the city," to clarify
conditions for the provision of utility services to properties
located outside the City limits
WHEREAS, RCW 35 67 310 allows the City to provide utility service
to properties located outside the City limits upon terms and conditions established by
ordinance, and
WHEREAS, Ch 7 11 of the Kent City Code contains the City's current
code provisions regarding utility service outside the City, which was last amended in
November 1990, and
WHEREAS, this ordinance amends Ch 7 11 of the Kent City Code to
separate and clarify what the City will require in order to provide utility services to
properties located outside the City limits, but within the City's potential annexation
area, and when providing utility services to properties located outside the City limits
and outside the City's potential annexation area, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
1 Ch. 7.11 KCC- Utility Service
Outside the City of Kent
SECTION 1. — Amendment Chapter 7 11 of the Kent City Code,
entitled"Utility service outside the city," is amended as follows.
Chapter 7.11. UTILITY SERVICE OUTSIDE THE CITY
Sec. 7.11.010. Within potential annexation area.Area designated, The City
may will not provide utility services to properties located outside City limits, but
within the City's potential annexation area, smde t e linitts of the cit�, NN,th
Fe' ti Nan
puFpeses as de ted by r of Lion rile s if the property owner requesting such service
covenants and agrees as follows
1 The owner will enter into a "no-protest to annexation" agreement,
which the City will record with the King County Recorder's Office, in which the
owner will give notice of the owner's intent to annex and will petition for annexation
of the property to the City and ttiN e noij e of •^'eT' to aiii e-under any statutory
annexation method now enacted, or subsequently enacted, that mNohes a petition
process in order to effect the annexation The notice and petition will constitute a
covenant that runs with the owner's property and will apply at the time the owner's
4+,-ff property is included within any area that wlt+eh the City is considering is i eif
c0 , er d for annexation The notice and petition agreement will state that, upon
annexation, the property will be assessed and taxed at the same rate and on the same
basis as property within the City is assessed and taxed, and will include any
outstanding indebtedness of the City contracted prior to or existing at the time of
annexation Further, this notice and petition will only be accepted by the City under
terms and conditions established by the City through the public works department and
consistent with the provisions of this chapter
2 Ch. 7.11 KCC- Utility Service
Outside the City of Kent
t 1S assessed d tahed7 ili tEl an� ..tSt.,,,,7..,,,a ,debtednerS Of the Elp,
e D at the lime
23 The owners will agree to design and construct all public improvements
to meet or exceed City subdivision and construction standards The City's public
works director, or his or her designee, dep�reserves +tsthe right to withhold
providing sanitary sewer.and or water service until the public improvements have been
constructed in accordance with such standards
34 The owners will agree to provide the City with mylar-reproducible or
other acceptable as-built construction drawings of the public improvements prior to
initiating building construction on any lot within any the-proposed subdivision of the
property The City shall have the right to inspect all construction work during and
after completion Any work found not to have been constructed in accordance with
City construction standards, as determined by the public works director or his or her
designee, shall be corrected by owner at the owner's sole cost and expense
45 Tile—cw-=2i;—ag!tL illat cc, clof3li=tHt of the "r"" -ty '.ill iii it r
amid ira ffie system The owners will agree and covenant ikiet--they-wi44to participate in
the cost of constructing required improvements determined to be necessary by the City,
including impacts to the City's streets, roads, and traffic system and to the City's
creeks, streams, and drainage system, and payment of a proportionate share of all costs
associated with the construction of the road and traffic system improvements as
determined by the City These improvements ���rmust be completed to the City's
satisfaction prior to the City providing utility service to the subjeet P.OPe@4�
y The 81AHef ,h ,il agree to pit), a pfopautionate ,i,. Of ail ,t,.
associated with the eenitruciion R4 th road „7 f—Ale ,. eniesis-as
determined h the it.. The iiiethed F dete!-flisfilfigthe �tfi u,.tiefi t.+ �a
"�ctrittc tt.utivta tvmutu
3 Ch. 7.11 KCC- Utility Service
Outside the City of Kent
i ponof Stich nnpraN ements shall be i,. e6 upon a r;, ,i. �f .,,a i,
the three..! of p blie , T
„a,s
�
5-7 The requirements of this section will act as Ccovenants and promises
eontatiied m sueh ag ,_.inen..that will shall-run with the land and 43d44-be binding upon
all parties and successors in interest having or acquiring any right, title, or interest in
the property and the improvements described in any agreement
68 The owners will agree that, should it fail to comply with any of the
covenants orof any agreements executed with the City, the City may, at its sole
discretion, terminate the eit—' utihty services provided to the owner
79 The o wnefs ,tg+ee-thatthe annexation areas subject to these agreements
shall be consistent with ;.},pheable stibf:ea i^^' use planq and the City's c+tNvv'de
comprehensive plan . Fw.i6ed h,.,. ... ._ that the r.-d4ei .,,Fee that aiiiii saell
time ds .,, ,non i 9 2 --onlprehensf,,e plan t, to t< and with
the C-"City's long-range planning goals, as shall he determined by the planning
manager diFeCtOr, alid ti d' tThe City may withhold full implementation of the
comprehensive land use plan map designations in its annexation zoning proposals in
order to achieve a more orderly physical development pattern and to implement its
goals of twenty (20) percent density reduction in multifamily residential areas
840 The owners will state in its theif-application for utility service or in its
notice and petition for annexation the existing King County zoning designation in
order to and-certify that it is consistent with the City's flu i a-,de 'one
du or until c4i- �., flie 19 0-493-comprehensive plan-+i ate---is
eolnple4e
Section 7.11.020. Outside Potential Annexation Area. In accordance with
RCW 35 67 310, as currently enacted or hereafter amended or recodified, the City may
provide utility services to properties located outside City limits and outside the City's
4 Cit. 7.11 KCC- Utility Service
Outside the City of Kent
potential annexation area, if the property owner requesting such service covenants and
agrees, in writing,to the following requirements:
1 The owner agrees that development of the property may create
significant impacts on the City, including impacts to the City's streets, roads, and
traffic system and to the City's creeks, streams, and drainage system. The owner will
agree and covenant that it will participate in the cost of constructing required
improvements determined to be necessary by the City These actions must be
completed to the City's satisfaction prior to the City providing utility service to the
subject property
2 The owner agrees and covenants that it will mitigate its impact upon the
City's storm drainage system in those areas deemed appropriate by the City's public
works director, or his or her designee Mitigation may be by implementing the off-site
mitigation improvements deemed necessary by the City, by paying to the City an
amount equivalent to the estimated cost of construction of the necessary improvements
in order to mitigate the impact upon the City's system due to development of owner's
property, or by other appropriate mitigation procedures In those instances where
impacts to a major or regional project is involved, the owner shall pay a prorated share
as determined appropriate by the City Construction of any mitigating improvements
shall meet or exceed City construction standards and shall be further made in
accordance with this subsection
3 The owner shall agree to pay a proportionate share of all costs
associated with the construction of the road and traffic system improvements as
determined by the City Further, where the subject property abuts and takes access off
of a City street, the owner agrees to improve the property's frontage to City standards
as outlined in the City's construction standards The owner shall submit plans of the
frontage improvements to the City for review and approval along with providing mylar
reproducible or other acceptable as-built construction drawings upon completion The
City shall have the right to inspect the construction work during and after completion
5 Ch. 7.11 KCC- Utility Service
Outside the City of Kent
Any work found not to have been constructed in accordance with the City's
construction standards, as determined by the City's public works director or his or her
designee, shall be corrected by owner at owner's expense These frontage
improvements must be completed or bonded to the satisfaction of the City prior to the
City providing utility service to the property
4 The owner agrees that the covenants and promises contained in these
agreements shall run with the land and shall be binding upon all parties and successors
in interest having or acquiring any right, title, or interest in the property and
improvements described in any agreement
5 The owner agrees that, should it fail to comply w ith any of the
covenants or any of the agreements executed with the City, the City may, at its sole
discretion, terminate the utility services provided to owner
6 For those properties seeking City utility service that would affect an
upstream tributary of a drainage watershed area that is subject, all or in part, to City
regulation or control, and which is serviced, all or in part, by the City's storm and
surface water utility, the follow mg additional requirements will also apply
(a) The owner will design and constrict all public and/or private
storm water detention and water quality treatment system(s) ("drainage system(s)") in
a manner that meets or exceeds City construction standards as determined by the public
works department The City's public works director, or his or her designee, reserves
his or her right to withhold sanitary sewer and water service until the drainage
system(s) have been constructed in accordance with these standards
(b) The owner "ill submit all construction plans for the drainage
system(s) associated with the development to the City for its review and approval prior
to initiating development work on the properiv The owner will provide the City with
mylar-reproducible or other acceptable as-built construction drawings of the drainage
6 Ch. 7.11 KCC- Utility Service
Outside the City of Kent
systein(s) after they have been constructed The owner will grant the City the right to
enter the owner's property at any time in order to inspect any construction work during
design or construction, or after its completion Any work found not to have been
constructed in accordance with City construction standards, as determined by the
public works director or his or her designee, shall be corrected by the owner at its sole
cost and expense
(c) The owner will pay any permit review fees deemed appropriate
by the public works director The owner must grant to the City a right of access to
inspect continuing operations and maintenance of the drainage system(s) to assure they
are being operated and maintained properly. If the drainage system(s) are not
maintained or operated properly, the owner agrees to promptly bring the utility
facilities into compliance with City standards
(d) Where deemed appropriate by the public works director, or his
or her designee, owner's property may be subject to the same terms and conditions as
those properties located within City limits, including but not limited to service charges
in accordance with Ch 7 05 of the Kent City Code, as currently enacted or as hereafter
amended or recodified from time to time
SECTION 2. —Severafirhty 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
JIM WHITE, MAYOR
7 Ch. 7.11 KCC- Utility Service
Outside the City of Kent Is
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
f
TOM BRUBAKER, CITY ATTORNEY
PASSED day of December, 2003
.APPROVED day of December, 2003
PUBLISHED day of December, 2003
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
8 Ch. 7.11 KCC- Utility Service
Outside the City of Kent
Chapter 35.67.310 RCW - The Washington State Legislature Page 1 of 1
Legislature Home About E-Mail Lists Search Help
RCW TITLES»TITLE 35>> CHAPTER 35 67>>SECTION 35 67 310 Pnnt Verson
35 67 300 << 35 67 310 >> 35 67 331
RCW 35.67.390
Sewers—Outside city connections.
Every city or town may permit connections with any of its sewers, either directly or indirectly,from
property beyond its limits, upon such terms, conditions and payments as may be prescribed by
ordinance, which may be required by the city or town to be evidenced by a written agreement
between the city or town and the owner of the property to be served by the connecting sewer
If any such agreement is made and filed with the county auditor of the county in which said
property is located, it shall constitute a covenant running with the land and the agreements and
covenants therein shall be binding on the owner and all persons subsequently acquiring any right,
title or interest in or to said property.
If the terms and conditions of the ordinance or of the agreement are not kept and performed, or
the payments made, as required, the city or town may disconnect the sewer and for that purpose
may at any time enter upon any public street or road or upon said property
[1965 c 7§3567 310 Pnor 1941 c 75§1,Rem Supp 1941§9354-19 1
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=35.67.310 11/25/2003
!\ Kent City Council Meeting
• A J Date December 9, 2003
" Category Consent Calendar
1. SUBJECT: MATRICULA CONSULAR IDENTIFICATION RESOLUTION —
ADOPT
2. SUMMARY STATEMENT: Adopt Resolution No. ���''�" acknowledging and
recognizing the Mexican Consular Identification Card as a valid form of identification
for City services and recommending that private agencies and institutions within the
City also accept the card when doing so will not conflict with state or federal law.
3. EXHIBITS: Resolution and 12/1/03 memorandum to the Public Safety Committee
• 4. RECOMMENDED BY: Public Safety 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: p
• ACTION:
Council Agenda
Item No. 6Y
LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone 253-856-5770
Fax 253-856-6770
K EN T Address 220 Fourth Avenue S
WASHINGTON
Kent,WA 98032-5895
DATE: December 1, 2003
TO: Public Safety Committee I
{II
FROM: Tammy Larson-White, Paralega 1'(` �
THROUGH. Mike Martin, Chief Administrati e fficer
Tom Brubaker, City Attorney
SUBJECT: Mexican Matncula Consular Recognition and Recommendation - Resolution
MOTION:
Recommend Council adopt the proposed Resolution acknowledging and recognizing
the Mexican Consular Identification Card as a valid form of identification for City
services and recommending that private agencies and institutions within the City also
accept the card when doing so will not conflict with state or federal law.
SUMMARY:
There are Mexican nationals residing in the Kent area that do not possess a form of identification
acknowledged by local public and private institutions Many immigrants lack access to certain
services from public and private agencies and institutions because they do not possess a
recognized form of identification. In a number of cities across the nation, Mexican Consulates and
Consulate Generals have begun to issue identification cards to Mexican nationals who have an
official birth certificate, a proper form of Mexican identification, and who have been residing in the
United States for at least six (6) months This identification card is known as a Matrcula Consular
The Matricula Consular has been accepted by 74 United States banks, including four of the largest
banks in Washington State—US Bank, Bank of America, Wells Fargo, and Washington Mutual In
addition, more than 800 police departments and 80 cities, including Seattle, Renton, Bellevue,
Yakima, and Tacoma, have acknowledged the Matrcula Consular as a valid form of identification
Each Washington city that has passed a resolution recognizing and accepting the Matncula
Consular, has reported only positive results Renton's police department wholeheartedly
supported acceptance and recognition of the card Its police officers felt that any identification
presented was better than no identification Bellevue's police department also supported
acceptance of the card as it felt that if a Mexican national knew the card was a recognized mode of
identification, he or she would be more apt to present it and to report a crime In addition, Bellevue
felt that the biggest benefit derived by passage of its resolution is that the resolution helped to build
a bond between Bellevue and its Mexican community Yakima had similar results as Renton and
Bellevue. It too felt that passage of its resolution helped Yakima to build upon its relationship with
its minority community, especially with its Mexican community Seattle's and Tacoma's results
since passage of their resolutions mirrors those of Renton, Bellevue, and Tacoma No city
acknowledged experiencing any negative consequences since passing their respective resolutions
MEMORANDUM
Public Safety Committee
December 1, 2003
Page: 2
If Kent were to pass the proposed resolution, it will allow City staff to acknowledge and accept the
Matricula Consular as a valid form of identification when the card is presented for identification
purposes, if to do so would not be contrary to federal or state law. The resolution allows the card
to be presented for identification purposes only. The card does not establish, nor does the
proposed resolution purport to establish, an individual's immigration status The Matricula
Consular does not confer any rights upon the card holder that are afforded only to those lawfully
residing within the United States As an example, the card cannot be presented for employment
purposes as such acceptance is prohibited by federal law. In addition, the card cannot be
accepted for identification purposes in the purchase of alcohol or tobacco products as it is not
listed within the Revised Code of Washington (RCW 66 16 040) or the Washington Administrative
Code (WAC 314-10-050) as a valid form of identification for these purposes.
Recognition and acceptance of the Matricula Consular will, however, allow Mexican nationals
access to City services that are currently afforded to all residents within the City of Kent, regardless
of their immigration status. Passage of the proposed resolution will assist our police officers in
their interactions with Mexican nationals If the card were to be recognized and accepted In Kent,
that act could improve the exchanges and limit the fear among Mexican nationals reporting a crime
or providing assistance to police It may also allow women within Kent's Mexican community to
feel as though they can contact the police for assistance in reporting domestic violence Many
crimes may go unreported due to an immigrant's fear that she or he lacks proper identification to
present to the responding police officers However, if the City were to pass the proposed
resolution, it would let the Mexican nationals in our City know that they can present the Matricula
Consular to police officers if identification is requested. Recognition of the Matricula Consular is
another way to improve the quality of services provided by the City to its residents
Another way acceptance of the card will increase access to City services is that the City's Human
Services Office will be able to accept the Matricula Consular as photo identification when
requested in exchange for needed assistance. Human Services has a housing program wherein it
provides assistance, through funding to Catholic Community Services, to homeless women and
children This assistance is provided in the form of motel vouchers In cold weather, motel
vouchers are offered to homeless women and children. In order to receive a motel voucher, the
receiver must possess photo identification In addition, in order to tender the motel voucher, the
motel also requires that photo identification be provided By acceptance and recognition of the
Matricula Consular, additional women and children will be able to access these services
This resolution originally passed through the Operations Committee on September 16, 2003, and
was set on the City Council's October 7, 2003 agenda The resolution was pulled from the agenda
and Councilmember Peterson moved to send the matter to the Public Safety Committee for further
study regarding the potential impacts of the City recognizing the card
BUDGET IMPACT:
None
PIG CTIpK LVESMEETS� mwiw PupSS,SMn px
•
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, acknowledging and recognizing the
Mexican Consular Identification Card, or Matncula
Consular, as a valid form of identification for City services,
and recommending that private agencies and institutions
conducting business within the City also acknowledge and
recognize the Maticula Consular as a valid form of
identification, when doing so N%ill not conflict with state or
federal law
WHEREAS, there are many Mexican nationals residing in the Kent area
• who do not possess a form of identification acknowledged by local police and private
institutions, and
WHEREAS, many immigrants lack access to certain services from public
and private agencies and institutions because they do not possess identification, and
WHEREAS, in a number of cities across the nation, Mexican Consulates
and Consulate Generals have begun to issue identification cards to Mexican nationals
who have an official birth certificate, a proper form of Mexican identification, and Aho
have been residing in the United States for at least six months; and
WHEREAS, use of the Mexican Consular identification cards will enable
more residents of Kent to use public services, and
WHEREAS, the Mexican Consular ID card, or Matncula Consular, has
been accepted by 74 United States banks, including four of the largest banks in
1 Mexican Matncula Consular-
Recognition and Recommendation
Washington State—US Bank, Bank of America, Wells Fargo, and Washington Mutual;
and
WHEREAS, throughout the United States, more than 800 police
departments, 80 cities (including Seattle, Bellevue, Renton, Yakima, Tacoma, San
Francisco, Los Angeles, and San Antonio), and 13 states (including Washington, Oregon,
and Idaho), have acknowledged the Matricula Consular as a valid form of identification,
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. — Cal, Recozintion. The Mexican Consular Identification
Card, or Matncula Consular, may be acknowledged, recognized, and accepted by staff in
City departments and agencies as a valid form of identification when presented by an
individual seeking City services.
SECTION 2. — Prnate Agency Reconnnendation. The City Council
recommends that private agencies and institutions conducting business within the City of
Kent also acknow ledge, recognize, and accept the Mexican Consular Identification Card,
or Matricula Consular, as a valid form of identification.
SECTION 3. — Exception. The Mexican Consular ID card, or Matricula
Consular, shall not be used as a valid form of identification if to do so would be contrary
to federal, state, or local laws. For example, and not by way of limitation, the Matricula
Consular card is not suitable for identification purposes in the purchase of alcohol or
tobacco products as it is not listed within RCW 66.16 040 and WAC 314-10-050 as a
valid form of identification.
SECTION 4. - Severabdity. If any section, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for
2 Mexican Matricula Consular-
Recognition and Recommendation
any reason, such decision shall not affect the validity of the remaining portions of this
resolution
SECTION 5. - Effective 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 December, 2003
CONCURRED in by the Mayor of the City of Kent this day of
December, 2003
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
December, 2003.
BRENDA JACOBER, CITY CLERK
P`G.d%Rcsolwion�M a,na )XowWw-Recogmnwn doc
3 Mexican Matricula Consular-
Recognition and Recommendation
. Kent City Council Meeting
Date December 9, 2003
Category Bids
1. SUBJECT: UPPER MERIDIAN CREEK BOX CULVERT SUPPLY
CONTRACT
2. SUMMARY STATEMENT: The bid opening for this project was held on
November 25 with three bids received. The low bid was submitted by Granite
Precasting & Concrete in the amount of$122,851.18. The Engineer's estimate was
$125,115.65. The Public Works Director recommends awarding this contract to
Granite Precasting & Concrete.
3. EXHIBITS: Bid tab
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_
6. EXPENDITURE REQUIRED: $122,851.18
SOURCE OF FUNDS: D0043
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 8A
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
Phone 253-856-5500
Fax 253-856-6500
K EN T Address 220 Fourth Avenue S
W A S H I N G T J N
— - — Kent,WA 98032-5895
DATE: December 9, 2003
TO: Mayor White and Kent City Council
FROM: Don Wickstrom, Public Works Director
SUBJECT: Upper Meridian Valley Creek Box Culverts Supply
SUMMARY: Bid opening for this project was held on November 25, 2003 with three bids
received The lowest bid was submitted by Granite Precasting & Concrete in the amount of
$122,851 18 The Engineer's estimate was 5125,115 65 The Public Works Director
recommends awarding this contract to Granite Precasting & Concrete
Bid Summary
Granite Precasting& Concrete S 122,851 18
Utility Vault $137,272 96
Hanson Pipe& Products, Inc $154,169 60
Engineer's Estimate $125,115 65
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
MOTION Councilmember moves, Councilmember seconds that
the Upper Meridian Valley Creek Box Culverts Supply contract be awarded to Granite
Precasting & Concrete for the low bid amount of S 122,851 18
Mayor White and Kent City Council tipper Meridian Vallev Creek Box Culverts Supply-Award Bid
December 9,2003
I
• REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE
D. PUBLIC WORKS
E. PLANNING COMMITTEE
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS
REPORTS FROM SPECIAL COMMITTEES
t
Operations Committee Minutes
November 18, 2003
Committee Members Present Chair Rico Yingling, Leona Orr, Judy Woods sitting in for Tim Clark
The meeting was called to order by Rico Yingling, Chair at 4 08 P M.
APPROVAL OF MINUTES OF NOVEMBER 4, 2003
Leona Orr moved to approve the minutes of the November 4, 2003, Operations Committee
meeting. The motion was seconded by Judy Woods and passed 3-0.
APPROVAL OF VOUCHERS DATED NOVEMBER 14, 2003
Judy Woods moved to approve the vouchers dated November 14, 2003. Leona Orr seconded
the motion, which passed 3-0.
STREAMLINED SALES TAX RESOLUTION
Chief Administrative Officer Mike Martin presented the Streamlined Sales Tax Resolution and
• provided a revised Resolution The resolution creates the opportunity for the Kent City Council to
formally affirm the City's position on Washington State implementation of the Streamlined Sales Tax
project
The resolution supports efforts to streamline tax collection definitions and procedures However, the
resolution requests that sales tax revenue from intrastate sales continue to be distributed at the point
of sale, rather than at the point of delivery Such an approach protects cities that have used this sales
tax revenue to construct and operate infrastructure to support businesses that generate these
intrastate sales Yet, catalog and mternet sales conducted by out of state companies would generate
sales taxes distributed to the point of delivery - specifically to cities whose residents and businesses
placed the order, ensuring all cities across the state will benefit from the streamlined sales tax
provisions overall
The resolution also directs that implementation of sales tax streamlining provision should coincide with
federal adoption of similar provisions allowing collection of sales taxes on mternet and catalog sales
across state lines. Implementing changes to the state's sales tax structure before federal action
authorizes sales tax collection on internet and catalog sales is premature Such action would only
cause intrastate sales tax distribution dislocation with nominal fiscal benefit to the state as a whole
There will be no budget impact at the time of the adoption of the resolution, however, implementation of
Sales Tax Streamlining provisions that shift sales tax distribution for intrastate sales from point of sale
to point of delivery would cost the City of Kent approximately $4 million annually
Leona Orr moves to recommend that the Streamlined Sales Tax Resolution, as presented in
its amended form, be placed on the consent calendar for the December 9, 2003, Council
meeting for adoption. The motion was seconded by Judy Woods and passed 3-0.
2
Operations Committee, 11/18/2003
ACCOUNTS RECEIVABLE WRITE-OFFS
Finance Director May Miller presented the Accounts Receivable Write-Offs. The Washington State
auditor's office recommends that the City write-off uncollectible accounts that are over one year old
This year the write-off request is for $9,252.51 for accounts from 1992 through 2002 of
miscellaneous Accounts Receivable, Utility Billing receivables and customer accounts There is no
budget impact and it is considered within Bad Debt Accrual Amount Ms Miller stated that this is the
lowest write-offs in five (5)years
Judy Woods moved to recommend authorization of miscellaneous Accounts Receivable, Utility
Billing, and customer write-offs of $9,252.51 for accounts from 1992 through 2002, and to
forward this Account Receivable Write-Offs on to Council on December 9, 2003, for
authorization. The motion was seconded by Leona Orr and passed 3-0.
2003 LTGO COUNCILMANIC BONDS
Finance Director May Miller presented the 2003 LTGO Councilmanic Bonds The 2003 LTGO
Councilmanic Bond issue totals approximately $7,518,000 and contains three items
A Taxable Bonds for $1,874,000
B Tax Exempt Bonds for$3,529,000
C Refunding 1992 Bonds for $2,115,000
Debt service on A and B will be included in the 2004 budget. Savings on C will be included in 2004
through 2007 budgets.
A TAXABLE BONDS
The taxable LTGO bonds total approximately$1,874,000 and include$1,200,000 for loan repayment
to the Water Fund for land purchase for the Kent Station protect. The $1,200,000 is the final
payment of the original $3,900,000 Water Fund loan to the Kent Station protect and is due
1/1412004. A second Water Fund loan remains outstanding with a 2006 due date
Approximately $655,000 of bond proceeds will refinance the capital improvement loan on the
downtown Saturday Market building currently payable to U. S. Bank at 7 125% interest rate. The
refinance rate of estimated 5 45% will provide long-term financing for the protect and approximately
$39,000 of net present value savings. The taxable bonds carry a 15 year term at an approximate
5 45% interest rate and can be called at any time without penalty as long as future interest rates are
no higher than today If rates are lower, there would be a make-whole prepayment fee.
B. TAX EXEMPT BONDS
The $3,529,000 tax exempt bonds will fund the second issuance of bonds for the city's Tech 11 plan
The plan's intent to bond was approved by Council on 5/21/2002 The technology bonds primarily
fund public safety systems for the tail and records management systems as well as providing officer
reporting, crime analysis, mug shot tools, and other technology protects The tax exempt bonds also
include some funds for technology servers, security upgrades, and productivity software. The
planned bond amount was reduced from $4,000,000 to $3,500,000 due to cost savings The tax
2
3
Operations Committee, 11/18/2003
exempt technology bonds will be for ten years at approximately 3 55% interest Ms. Miller stated
that tax exempt bonds need to go towards public use projects and that is why there is the need for
the Taxable Bonds and Tax Exempt Bonds.
C. REFUNDING 1992 BONDS
The 1992 LTGO Refunding Bonds of approximately $2,115,000 will provide net savings of
approximately $127,000. This will be achieved by refinancing callable bonds maturing in 2004-2007.
The refinancing rate of approximately 2 3% will show significant savings over the current 6 351%-
6 5% interest with approximately$117,000 of the savings in 2004 The bonds were originally issued
to refund portions of 1985, 1986, and 1987 bond issues and were used for Golf Open Space,
Corrections Facility, Senior Center, Library and Street capital projects
The exact amounts and interest rates will be set after Council Committee approval and stated in the
final Ordinance at the December 9, 2003, regular Council Meeting Bond closing is expected on
December 18, 2003.
Leona Orr moved to recommend the 2003 (LTGO) Councilmanic Bond Ordinance for
approximately $7,518,000, including issuance costs, be placed on the consent calendar for the
December 9, 2003, City Council meeting for adoption. The motion was seconded by Judy
Woods and passed 3-0.
The meeting was adjourned at 4 32 P M
Renee Cameron
Operations Committee Secretary
3
CONTINUED COMMUNICATIONS
A.
•
EXECUTIVE SESSION
A) Labor Negotiations
ACTION AFTER EXECUTIVE SESSION
A)
•