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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 03/19/1996 CITY Of J Q,J'11 i CITY COUNCIL PLANNING COMMITTEE �7�lyr��� AGENDA Jim White, Mayor MARCH 19, 1996 THE CITY CO UNCIL PLANNING COMMITTEE IS HOLDING A MEETING FOR MARCH 19, 1996 WHICH IS SCHEDULED FOR 4:00 P.M. AND WILL BE HELD IN THE COUNCIL CHAMBERS EAST ROOM OF KENT CITY HALL IAT 220 S. FOURTH AVENUE. Committee Members Leona Orr, Chair Jon Johnson Tim Clark AGENDA City of Kent Community Development ACTION ITEM - 15 Minutes Block Grant Consortium Status - (L. IIouston) 2. Land Use and Planning Board Ordinance ACTION ITEM - 15 Minutes - (L. Orr) 3. NRG Barriers Pacific, Inc., issuance of ACTION ITEM - 15 Minutes industrial revenue bonds - Resolution - (R. Lubovich) Added Items: .. �'CCtli�t O./F- CSO1J�� GvnrYF �r�M /,7CTE.V .Y P-�,1O N'yn�_ pP ANY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY IN ADVANCE FOR MORE INFORMATION. FOR TDD RELAY SERVICE, CALL 1-800-635-9993 OR THE CITY OF KENT AT (206)854-6587. mp:c:pco319.agn 220 4th AVE.SO. /KEAT WASHINGTON 98032-5895/TELEPHONE (206)859-3300/FAX#859-3334 CITY OF ld_,��\121111125\J J„s PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM Jim White, Mayor March 19, 1996 MEMO TO: LEONA ORR, CHAIR AND PLANNING COMMITTEE MEMBERS FROM: LIN HOUSTON, HUMAN SERVICES MANAGER SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSORTIUM STATUS Now that our population exceeds 50,000 it is our understanding that the City of Kent may qualify as an Entitlement City and receive CDBG funds directly from the federal government. We have been in contact with the local HUD office to confirm this and have been told by them that the City of Kent is not at this time being considered for Entitlement status in 1997. HUD will not tell us when we might be considered. Basically, they told us we need to wait until we are notified. We believe that once the April population estimates are released, that HUD will then offer Kent Entitlement status. This will probably not happen, though, until much later this year. Even if HUD does notify us of our Entitlement status, the City has the option to remain in the King County CDBG Consortium and receive its dollars as a pass-through from King County. We cannot wait for HUD, as King County needs to know of our decision by the end of March, so that the Consortium can proceed with its program planning for 1997. We are also in the process of negotiating a new 3-year CDBG Interlocal Cooperation Agreement with the County and other Consortium cities (for 1997-1999). Staff did an analysis to determine the benefits of both options. We also reviewed this with Brent McFall, and both he and staff feel that it is to the City's greatest benefit, both in Program efficiency and effectiveness, to remain a part of the Consortium. Kent has 21 years of excellent relationship with the County as part of the CDBG Consortium. As a pass-through City, Kent retains local control over its program funds, while taking advantage of the administrative assistance from the County in complying with time-consuming, staff intensive HUD regulations and program monitoring. In addition, as part of the Consortium, the City benefits by receiving additional dollars in the form of recaptured funds and program income generated by the Consortium; Kent also receives additional services for its residents through regionally funded programs such as the current Housing Stability Program. 2204th AVE.SO. /KENT WASHINGTON 98032-5895/TELEPHONE (2W859 3300/PAX#859-1334 To: Leona Orr, Chair and Planning Committee RE: CDBG Consortium Status March 19, 1996 If the City Council decides that it wants to remain as a Consortium partner it will need to approve the new 1997-1999 CDBG Interlocal Cooperation Agreement sometime later this summer. Rcommended Action 1. The Mayor be authorized to send a letter to County Executive Gary Locke stating that the City of Kent desires to continue to participate as a pass-through City in the King County CDBG Consortium for the years 1997-1999. 2. Schedule this item for action at the April 2, 1996, City Council meeting. LH/mp:c:cdbg.con ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 2 . 30 of the Kent City Code relating to the organization, duties and responsibilities of the City of Kent Land Use and Planning Board. WHEREAS, the City Council recently reorganized the planning agency of the City of Kent; and WHEREAS, as part of this reorganization, the City Council established a new land use and planning board to replace the duties and responsibilities of the planning commission; and WHEREAS, the City Council desires to organize and establish the duties and responsibilities of the land use and planning board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . Chapter 2 . 30 of the Kent City Code entitled "Planning Agency" is hereby amended to read as follows : CHAPTER 2 .30 . PLANNING AGENCY PART I . GENERALLY Sec . 2 .30 . 010 . Planning authority. The city council hereby declares its intention to perform all planning functions under RCW ch. 35A. 63 regarding planning and zoning in code cities . Sec . 2 . 30 . 020 . Designation. The planning agency of the city is hereby created. The planning agency shall consist of the land use and planning board, the planning department, and other bodies established by the city council to perform planning functions on behalf of the City of Kent . They shall serve in an advisory capacity to the mayor and the city council . PART 2. PLANNING DEPARTMENT Sec . 2 .30 . 060 . Creation. There is created the city planning department . The nlannina department shall consist of the following divisions : planning services , development services , and office of housing and human services . The planning department shall perform ulannina and zoning functions , conduct plan reviews and issue building and. development permits , enforce building codes , manage the city' s 2 e. housina and human service program and perform other duties as established by the city council . Sec . 2 .30 . 070 . Duties and powers responsibilities . The planning department shall have the following duties and responsibilities . A. The planning department through the planning director, shall administer the affairs of the planning agency. It shall be the dui of the plannina director to be the official spokesperson for the agency, to set the agenda for the land use and planning board public hearinas workshops and meetings , to prepare all materials such as aaendas staff reports and special reports for the land use and plannina board, to collect , and to analyze and use ie �sre �lble €e r eelleeting, analyzing and using technical data to determine logical matters of urban development within the city. The planning department shall be responsible for preparing and updating the comprehensive plan, preparing he zoning code, subdivision code and any others or ordinances the area f _ i! The planning department through the development services division, shall issue building permits and enforce the building codes as prescribed in Chapter 14 . 08 entitled "Enforcement of the Buildina Codes . " 3 B . The agency, through the plannina department , shall certain elese eentaet w4:thzhe eity eeaneil thre�zigh the r f the fRayer. advise the mayor and city council on planning matters . The planning department may carry out special projects at the request of the city council which requests shall be forwarded to the planning direete:� department through the office of the mayor. C. The planning department shall function as an administrative department of the city aiding in the coordination of city planning activities within the overall administrative program of the city government . The plannina department shall forward items for consideration to the land use and plannina board. D. The agency shall advise t1ae e `1 a -_ fe-r- annexatien—`e the eity, en amenditents `e the eefftLeaFehensive plan, en new erelin-crneeo—and r-ccn'endfaent5 to ei-d}naaees 6dhieh fa-l-1the range r r curried- cat few-the eity eeuneil er ma'yei- need net l i-d d . be responsible for all plannina matters , including, but not limited to, comprehensive plan formulation and amendments , -annexation zoning, zoning code subdivision code and other assianed codes It shall be the responsibility of the planning department to prepare the plans and codes for these 1lannina matters and the responsibilitv of the land use and planning board to hold public hearings . on 4 r . these plans and codes when advised to do so by the planning department The land use and planning board, after holding one or more public hearings shall forward its recommendation on the p annina de-partment ' s proposals to the city council for final action The council may hold public hearings and perform other related functions on specific plannina matters in addition to or in lieu of delegating this function to the land use and planning board. exam' Rei- en al _a eeneI4:tienal e3Eeeptiens . Sec . 2 . 30 . 080 . Planning director--Creation. There is hereby created the e fiee position of city planning director who shall be appointed by the mayor. See 2 .3G . 999 . Sams- ppei t___. rr The planning d ee`e shall lee aggeinted n aeeL-denct w4:bh: r :esr 1 . Sec . 2 . 30 .IGG 090 . Same--Duties and pewees responsibilities . A. The planning director shall have be in charge of the planning department . The planning director shall prepare an annual planning program and an annual budget to implement this program. The planning director shall represent the NQ 5 went aaeney before government efEie4:als agencies and the public as deemed necessary. The planning director or a designatea planning staff member shall be present at all city council and land use and planning board meetings and p l nn; ng and r adji:istfftent public hearings_ f the planning depaa�-�Fnent rr as n alteacnate . P . Lzpen i r eemmissiens,state and fede al ageneiee. E- B . The planning director is responsible for hiring and supervising employees of the planning department . Sec . 2 . 30 .4.4-4 100 . Office of housing and human services--Created. There is hereby created in the city the office of housing and human services . The office of housing and human services shall not be a separate department, but rather shall be a division of the planning department, reporting directly to the planning director. Sec . 2 . 30 . 129 110 . Same--General duties and s responsibilities . The office of housing and human services shall plan, organize, and administer the activities and functions concerning human service issues, including the development and assessment of 6 human service needs, determination of priorities for human services, evaluation and recommendation of funding request and the monitoring of performance of services provided by human service organizations and agencies . The office of housing and human services shall coordinate activities with other human service planning agencies and organizations . Additionally, the office of housing and human services shall coordinate human service activities between city administration and the city human services commission, and shall implement policy recommendations established by the human services commission and provide necessary support to the human services commission in the performance of its duties . Sec . 2 .30 .3�6 120 . Same--Manager. The housing and human services manager shall manage the office of housing and human services under the direct supervision of the planning director as delegated pursuant to RCW Title 35A. The housing and human services manager shall be appointed by the planning director . Sec . 2 .30 .140 130 . Same--Staff. The housing and human services manager shall, in accordance with appropriate city policy, recruit and hire -employees as may be budgeted from time to time by the city council to the office of housing and human services . Staff employees shall report directly to the housing and human services manager. 7 Sec . 2.30 . 159 140 . Same- -Salary of staff. The salary of the housing and human services manager and staff employees shall be that as established in the city annual budget . See . 2 .39 .169 . Sane Transfer e€ r_netien_ anel ___. >__ __s By the iien L L L ' ee L 1 Lhis L the heusing and lha-nan :E .net4:ena eurrently rL...,....e by tl e l..-,....: .� 1,u ffla . SZ[ILU JJV L11C. Z1V11J 1114 L[11U 11{...IIICill seetien ef tl:ie planning departx3enc shall be trans=eaFred to the Lfiee L eery±ee-s ies shall lee eliminated aid the =onet i-ens e°arre"Iy L and s.- . -,es ffianagerr pesit ef—eaeateel in se t en 2 . 3212E . r ra a�lam—the-pla:. wing anel heme �Fepaii= staff peeitiara t eliffli at-eel in th=-B sew`ien shall i9e tzair5-fester' u t; the effree of hemming-and- Marta., anel shall repeL-t t PART 3 . LAND USE AND PLANNING BOARD Sec . 2 .30 .179 150 . Creation. There is hereby created the land use and planning board. 8 Sec . 2 .30 .a-8-0 -160 Membership, terms, residence requirements, and compensation. A. The land idse and planning-heard-shall eensist ef these esu lffie-a,beis-serv=ng en the el}—eetdne- planning eeEnm� ttee as Led and as Jed F L L F eaeh eE the lanEl use and planning l5ea2�d shall lee the same term that he eic slie se�.-�es en L L L A. The land use and planning board shall consist of seven (7) members , each of whom shall be appointed by the mayor and confirmed by the city council . Appointments shall be deemed confirmed if not acted on within thirty (30) days following the mayor' s submittal of his or her nomination to the council president . B . m ffleffiheaas F the land :�ise and plann4:ng bear4 shall serge-witheut _ ,...,s,Linn ex(hex)t_ LeY--eerflpe-nsatie p_ : e -- L� ee:u}ellfreatbers-fei- sea o ing en the elm=eettneil and emeept 4�hat r-e} i-sefftent Ear astheL-4:zed ti—a el may--be fRa6e Nrx esa t to the L L L B . The terms of office of the members of the land use and planning board shall be three (3 ) years When a vacancy occurs on the land use and planninc board, appointment for that position shall be for three (3) years , or for the remainder of the unexpired term, whichever is the shorter period of time . All new terms shall exgire on December 31 of the last vear of the term. No more than three (3) terms may expire in any given year. C. Initial appointments shall be as follows : 1) 2 seats for a one (1) year term 2) 2 seats for a two (2) year term 9 3) 3 seats for a three (3) year term All appointments thereafter shall be for three (3) year terms . D. Members of the land use and nlannina board may be dismissed by the mayor for missing twenty-five (25) percent or more of the regularly scheduled meetings in a twelve month period without such absence being excused by the board, for inefficiency, for neglect of duty, for a finding by the land use and planning board of a member' s violation of any code of conduct established by the board or for misfeasance or malfeasance in office . E . As authorized pursuant to RCW 35 . 21 . 200 , all appointees to the land use and planning board shall be residents of the Citv of Kent When making the appointments , the mayor shall consider appointments from residents residing at different locations of the City. F . The appointed members of the land use and planning boar;, shall serve without compensation except that reimbursement for authorized travel and subsistence may be made to the extent such may be budgeted for by the city council . Reimbursement for such shall come from the city budget category designated planning commission travel and mileage and subsistence . Sec. 2 .30 .199 170 . Organization, meetings, and records . A. The—ena=rge2�:ssn ef the land ase—and planning bear- shall L the planning eemff4tbee . Tl=xe seei=etaaFy L the lenel idee—and p1anna:ng 155ardslrallbe the planning 44:reeteaF. The secretary shall prepare the agenda anel ffii in the—pt- �Iie f _ ning bearel. 10 A The land use and planning board shall elect a chair person and vice-chairperson from among its members which terms shall expire December 31 each year. The secretary of the land use and planning board shall be the planning director . The secretary shall set the land use and c-_annina board agenda for workshops and public hearincrs , �)retpare minutes which may be taken from electronic recording of cublic hear-nas , and keep such records as are necessary for the proper operation of the board, all of which shall be a matter of publ-c record. a—helaaase and planning heaa=4 shall held a L L ei- B . The land use and planning board shall conduct at least one regular meeting each month for conducting general business , hearings and other related business , excect when there is not an agenda item to be considered or heard, in which case the land use and planning board secretary shall not-fv the board members , the local press and post a notice at the Glace the land use and planning board regularly meets . stating that due to a lack of business a meeting is cancelled. The -_and use and clanning board shall establish and operate under a se of bylaws , which bylaws shall prescribe the rules of procedure for public hearings and workshops and a code of conduct for its members . The time and place of regular and special meetings , including workshops , shall be established by the bylaws . Section 2 . 30 .448-:180 . Duties and pewe-e responsibilities . A. Tie lance se an6 planning bee_d shall eend:�iet _.tee. 11 ifftglerftentzat`ien-thei�eef The land use-anER planna:ng beaL-d shall �e�lew-ipi=epesee-affiendfaents-te the zoning and suhd en erdi-nanees which € til within the pamanning��-netie=. ane at regal erelleanees fer w?3ieh the _ t A. The land use and planning board shall operate as part of the planning agency and shall , except in those instances when the city council has determined to consider the matter , hold public hearings on comprehensive plan formulation and amendments , annexation zoning, zoning code and subdivision code and other assigned code formulation and amendments which have been preiared and submitted to the board by the planning department . The land use and planning board, after holding one or more public hearings on these matters , shall refer the planning department ' s proposals and its recommendation to the city council for the council ' s final action. �; . The land idse and planning heard shall aet in an ad:�;iaer� eeaei�-te the ei-ty eersneil en-plan-niiag �ers and shall per€er-ft-e-clliei-duies-and respens4:h litres-as- direeted ley th�e eel B . In lieu of or in the alternative to the land use and planning board considering and holding hearings and perform other related functions on matters set forth in subsection (A) above , the city council may elect to perform these functions on such matters directly without taking input from the land use and planning board. 12 • Sec. 2 .30 .2-19 190 . References to planning commission. All references in the Kent City Code to the planning commission shall mean the land use and planning board. SECTION 2. Transition of Boards. The City Council Planning Committee shall continue to sit as the land use and planning board as authorized pursuant to Ordinance No. 3252 until the land use and planning board, as established pursuant to this ordinance, is convened and the bylaws for said board are adopted. SECTION 3 . Severability. 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 . SECTION 4 . Effective Date . This ordinance shall take effect and be in force thirty (30) days from and after its final passage as provided by law. JIM WHITE, Mayor 13 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1996 . APPROVED day of 1996 . PUBLISHED day of 1996 . 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 planbbb.crd 14 A LE RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, approving the issuance of tax-exempt nonrecourse revenue bonds of King County Economic Enterprise Corporation for the benefit of NRG Barriers Pacific, Inc . pursuant to RCW 39 . 84 . 060 . WHEREAS , the Legislature of the State of Washington has provided for the creation of Enterprise Corporations by municipalities, including counties, pursuant to Chapter 300 , Laws of Washington, 1981 (Regular Session) codified as Chapter 39 . 84 RCW, as amended (the "Act" ) , for the purpose of facilitating economic development and employment opportunities in the .State of Washington; and WHEREAS, pursuant to the Act, the King County Economic Enterprise Corporation (the "Enterprise Corporation" ) was formed in order to carry out the purposes of the Act; and WHEREAS, the Enterprise Corporation has received an application from NRG Barriers Pacific, Inc. (the "Company" ) for the purpose of providing financing for the equipping of facilities leased by the Company at 7615 South 212 Street, Kent, Washington (the "Project" ) , which is within the boundaries of the City of Kent, Washington (the "City" ) ; and BONDS (NRG PROJECT) WHEREAS, the Enterprise Corporation and its bond counsel have reviewed the application of the Company and have determined that the Project qualifies as an "industrial development facility" within the meaning of the Act; and WHEREAS, the Enterprise Corporation has scheduled a special meeting to approve the issuance of nonrecourse revenue bonds in an amount not to exceed $6 , 000 , 000 (the "Bonds" ) to be held on March 19, 1996 ; and WHEREAS, the Act provides that each county, city or town within whose planning jurisdiction the Project is to be located must approve the issuance of revenue bonds by the Enterprise Corporation for such Project; and WHEREAS, the Enterprise Corporation, as the issuer of the Bonds for the Project, has requested the approval of the City pursuant to the Act; and WHEREAS, the City has been assured that there will be no financial liability accruing to the City as a result of such approval and that this approval shall constitute approval solely for the purpose of permitting the Enterprise Corporation to proceed with the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows : 2 Section 1 . The City, pursuant to Chapter 39 . 84 RCW, does hereby approve the issuance of the Bonds by the Enterprise Corporation for the purposes of financing the Project under the Act . The Bonds are anticipated to be issued by the Enterprise Corporation in the aggregate principal amount of not to exceed $6 , 000 , 000 pursuant to a resolution of the Board of Directors of the Enterprise Corporation for the purposes of financing the Project under the Act . The proceeds of the Bonds will be loaned to the Company, pursuant to a loan agreement with the Enterprise Corporation, and the proceeds will be used for the purpose of paying all or a part of the costs of a new Project within the boundaries of the City. The Bonds shall be payable solely from the Company' s repayments of the loan under the loan agreement . The Bonds shall not constitute an obligation of the City, and no tax funds or other revenues of the City shall be used to pay the principal of, premium, if any, or interest on the Bonds . Neither the faith and credit nor any taxing power or revenues of the City shall ever be pledged to pay the principal of, premium, if any, or interest on the Bonds . Section 2 . This resolution is intended solely to constitute approval of the issuance of the Bonds within the meaning of RCW 39 . 84 . 060 . This approval shall not in any way be deemed to be a review or approval of any development permit for the Project which may be in process, or may be submitted at a future date for the project . Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1996 . 3 Concurred in by the Mayor of the City of Kent, this day of 1996 . JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK 4 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No . passed by the City Council of the City of Kent, Washington, the day of , 1996 . (SEAL) BRENDA JACOBER, CITY CLERK 30NDS.res 5 PRESTONLF GATES & ELLIS _ ATTO R N EY S C0 P 7 y4;LI qp�`�'i-'' v i JL(V LLB MAR - 81996 Kent City A1TU 1C-v° March 7, 1996 Mr. Tom Brubaker Assistant City Attorney City of Kent 220 4th Avenue S. Kent, Washington 98032 Re: King County Economic Enterprise Corporation Variable Rate Revenue Demand Bonds, 1996 (NRG Barriers Pacific, Inc. Project) Dear Mr. Brubaker: King County maintains a public corporation under RCW Ch. 39.84, King County Economic Enterprise Corporation (the "Enterprise Corporation"). The Enterprise Corporation has received an application for $6,000,000 tax-exempt financing from NRG Barriers Pacific, Inc. (the "Company) to finance the equipping of facilities which the Company leases at 7615 South 212 Street, within the City of Kent (the "Project"). The Company is seeking tax-exempt financing in order to lower its costs of borrowing, and State Street Batik, Boston, Massachusetts has issued a commitment to assist the financing by issuing its letter of credit and placing the bonds with investors. Our law firm is acting as bond counsel for the financing, and we are preparing the bond proceedings for the Enterprise Corporation. Among the preliminary approvals which must be obtained prior to the issuance of industrial revenue bonds is the approval of the planning jurisdiction, RCW 39.84.060. As the Project is within the boundaries of the City of Kent, the City Council has planning jurisdiction over the Project. Therefore, we are required to obtain the approval of the City Council pursuant to RCW 39.84.060. While the statute (RCW 39.84.060) is silent as to the nature and extent of the approval process, we have attempted to apply it in a manner consistent with the policies of Ch. 39.84. The statute appears to contemplate more than administrative approval. Therefore, we customarily obtain the approval of the legislative body of the planning jurisdiction. We have prepared and enclose a draft resolution which provides, we believe, sufficient approval for the issuance of the bond by the Enterprise Corporation. Within the text of the A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION ANCHORAGE • CO E U R D' ALE N E LO S AN GELES • PO RTLA ND • SPOKA NE • TA COM A • W A S H I N GTO N. D.C. 5000 COLUMBIA CENTER 701 FIFTH AVENUE SEATTLE,WASHINGTON 9 8 1 04-7 07 8 PHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 Mr. Tom Brubaker March 7, 1996 Page 2 resolution. we have specifically reserved the right and authority of the City to consider independently any subsequent development permit which may be presented for the Project. In addition, the resolution contains specific language which provides that the City shall have no liability under any circumstance for the payment of any debt service on the bond, nor shall it incur any liability in connection with the project. This language is repetitive of Ch. 39.84 which specifically states that no public money shall ever be used to pay the debt service on this type of bond. If the resolution meets with your approval as well as that of other City officials, we would appreciate your assistance in adding it to the agenda for consideration by the City Council at its meeting on March 19, 1996. If you believe that it would be helpful for the applicant, a representative of the Corporation, or me to attend the meeting at which the resolution would be considered. please let us know when the meeting is scheduled to occur. Following the approval of the resolution, we will need to receive a certified copy in order to complete the transcript for this issue prior to the issuance of the bond. For your convenience, we have enclosed a diskette containing the draft resolution in Word for Windows 2.0 format. We will also provide you with finalized drafts as you require. Please do not hesitate to call for any additional information on the project or the bond. Very truly yours, PRESTON GATES& ELLIS 0a By Cynthia M. Weed Enclosure cc: Rorer Lubovich Brian Mayhew Lucv Auster Todd Bachelder OMWIZz roc KING COUNTY ECONOMIC ENTERPRISE CORPORATION Public Hearing and Special Meeting Agenda 3:00 p.m. - Tuesday, March 19, 1996 King County Courthouse Southwest Conference Room, 12th Floor COPY RECEIVED 516 Third Avenue Seattle, WA 98104 MAR 1 11996 Kent City Attorney, 1. Public hearing on the proposed issue of industrial revenue bonds for NRG Barriers Pacific, Inc. 2. King County Economic Enterprise Corporation considers/acts upon proposed bond issuance resolution 96-1 for NRG Barriers Pacific, Inc. Adjourn. If you have any questions regarding this agenda, please contact Ray Moser 205-0707. inducagn 3/8/96 lsa NRG BARRIERS PACIFIC, INC. INDUSTRIAL REVENUE BOND APPLICATION STAFF REPORT Date: 3/8/96 Applicant: NRG Barriers Pacific, Inc. Project: Development of a Rigid Foam Insulation Manufacturing Plant Amount: $4,500,000 Location: Kent, Washington Lender: State Street Bank and Trust Company, Boston, Massachusetts Bond Counsel: Preston Gates & Ellis, Seattle, Washington Company Background The NRG Barriers Companies consist of five corporate entities, under common control, whose principle activity is the manufacturing of polyisocyanurate foam insulation used in the construction of commercial and residential buildings. William S. Jelin started the first company, NRG Barriers, Inc., in 1975, and owns 100 percent of the NRG Companies as well as three related real estate companies. Currently there are four other manufacturing companies which are located in Saco, Maine; Hazelton, Pennsylvania; Bremen, Indiana; and Jacksonville, Florida. Project Description This project, NRG Barriers Pacific, Inc. is a new company funded with $1 million worth of equity. The company will be identical-to the four other separate entities doing the same type of business and utilizing some of the same customers. NRG Barriers Pacific will employ experienced staff from other NRG companies to manage the new facility. The new company was formed in September, 1995, and is planning to begin manufacturing operations in May, 1996. A new, 145,608 square foot plant will be constructed and will be capitalized with $3.5 million of new equipment. The company will be located in Kent, Washington and will complete the NRG Companies' coast-to-coast servicing of its customers for rigid roofing insulation and wall sheathing. Economic Benefits to King County and Washington State • 50 new, permanent jobs will be created initially. • Up to 100 jobs total will be created in future years. • Only four of the jobs will be filled by transfer personnel. • 46 - 96 of the jobs will be local hires. • At least $250,000 of office equipment will be bought in Washington State. • Local contractors will be hired for approximately $700,000 worth of construction work. • The project is expected to generate sales tax on 7 million dollars worth of finished product per year. staffrpt 3/8/96 lsa Job Type Number of Jobs Salaries and Wages Administrative 4 S30,000 - $40,000 per year Management 4 S60,000 per year Supervision 7 S35,000 - $40,000 per year Machine Operator 3 $9.80 - $12.75 per hour Batch Maker 3 $13.00 - $15.00 per hour Material Handlers 15 $8.55 - $11.10 per hour Forklift Operators 14 $8.00 - 11.00 per hour Total 50 In addition, each new job comes with a comprehensive benefits package. Financial Institution Interest/Commitment State Street Bank and Trust Company of Boston, Massachusetts, has issued a Bond Term Sheet for the NRG Barriers, Corporations, Inc. project. The sheet indicates that the bank will 1) serve as the credit bank for the project by issuing a direct pay letter of credit to the company and 2) serve as the placement and remarketing agent for the bonds. Project Eligibility Based on a review of the project by staff and a preliminary opinion of bond counsel, the proposed project appears eligible for Industrial Revenue Bond (IRB) financing under the provisions of Federal and State laws and regulations. Outstanding Issues After submittal of the original application, the company revised its project costs and increased the amount of bonds it is applying for from $3,637,000 to $4,500,000. As a result, an additional $500 in application fees is due to the King County Economic Enterprise Corporation. It is anticipated that the fee will be paid prior to the 3/19/96 Inducement Resolution meeting. A revised project cost break down (page five of the application) will be provided at the Inducement Resolution meetine. Recommendation Staff recommends the Board approve Resolution 96-1. staffrpt 3/8/96 lsa 2 t CITY OF J1,� CITY COUNCIL Jim White, Mayor PLANNING COMMITTEE MINUTES February 20, 1996 Plannina_Committee Members Present: City Attorney's Office Leona Orr, Chair Laurie Evezich Tim Clark Jon Johnson Plannina Staff Jim Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner Cyndi Wells, Administrative Secretary Other Rodger Anderson, Seattle King County Association of Realtors PROPOSED AMENDMENT TO POTENTIAL ANNEXATION AREA (J. Harris) Planning Director Jim Harris met with the City of Renton staff regarding the potential annexation area boundaries between the two cities. Both jurisdictions agreed to the primary changes outlined below: 1. Move Kent's PAA boundary north from SE 196th Street to SE 192nd Street. 2. Move Kent's PAA boundary easterly, along SE 200th Street from 106th Avenue SE to 108th Avenue SE. 3. Move Kent's PA boundary westerly along SE 200th Street from 92nd Avenue S. to the westerly side of the Valley Freeway (will entail a future deannexation of Kent's area and annexation to Renton). 4. Move Kent's PAA boundary at SE 192nd and extending northerly to SE 180th where it lies just easterly of the Valley Freeway, westerly across the freeway (this will also entail a future deannexation of Kent's area and annexation to Renton. Council member Tim Clark MOVED to accept the potential annexation area boundary changes as outlined by staff and send this item to the March 5, 1996 City Council meeting under other business. The motion was SECONDED by Council member Jon Johnson. The motion carried. 2204th AVE.SO.. /KENT WASHINGTON 98032-5895/TELEPHONE (206)859-3300/FAX"8�9-z314 t Planning Committee Minutes February 20, 1996 Page 2 AMENDMENT TO KENT CITY CODE CHAPTER 11.02 ENVIRONMENTAL REVIEW AND COMMUNITY IMPACT MITIGATION (SEPA)- (J. Harris) Mr. Harris explained the need to update Chapter 11.02 of the Kent City Code that is used to condition a Declaration of Nonsignificance related to the SEPA process. Mr. Harris outlined the staff recommended changes as presented in the February 14, 1996 staff report. Council member Clark MOVED to adopt the amendments to Chapter 11.02 of the Kent City Code as outlined in the February 14, 1996 staff report and send to the City Council on March 5, 1996 for a public hearing. Council member Johnson SECONDED the motion. The motion carried. KING COUNTY POLICIES AMENDMENT -RATIFICATION BY CITIES (F. Satterstrom) Planning Manager Fred Satterstrom explained the proposed ratification of Countywide Planning Policies. The first issue is an amendment to allow either the 1987 or the 1989 Federal Manual to delineate wetlands. The second issue to be ratified is an amendment to the boundaries of the Urban Growth Area for the City of Renton. This area is well outside of any City of Kent's interest area. Mr. Satterstrom recommended the Committee approve these changes and send these items to the City Council. Council member Johnson MOVED to adopt King County Countywide Policies Amendment - Ratification by Cities and send a final Resolution to the City Council for approval under the consent calendar. Council member Clark SECONDED the motion. The motion carried. POTENTIAL DOWNTOWN ZONING AMENDMENTS Mr. Harris explained that the Downtown Commercial (DC) zone does not allow drive-in facilities. Cascade Bank is trying to relocate their branch within downtown with the complication that the DC zone does not allow drive-in facilities. Mr. Harris explained an additional potential downtown zoning amendment relating to the number of taverns in the downtown area. Council member Clark questioned if this was pursued because of an increase in crime. Mr. Harris explained this issue originated from the Mayor in August 1995. Mr. Satterstrom explained another option for Cascade Bank would be to request a rezone from DC to DCE which would allow the drive-up banking. Chair Orr questioned the time frame for a rezone. ADJOURNMENT The meeting was adjourned at 4:50 p.m. C:\USERS\DOC\PCOM\MINUTES\PCO0220.MIN ���STATg OQ RECEIVE v� - yO2Ct O STATE OF WASHINGTON 5rrrfi� \ DEPARTMENT OF COMMUNITY, TRADE AND ECONaMil DEVELOPMENT 906 Columbia St. SW • PO Box 48300 • Olympia, Washington 98504-8300 • (360) 753-2200 March 8, 1996 The Honorable Jim White Mayor, City of Kent 220 South Fourth Avenue Kent, Washington 98032 Dear Mayor White: I am pleased and excited to confirm approval of your proposal for a grant funded project under the Growth Management Planning and Environmental Review Fund. We would like to fund your request in full in the amount of $150,000 for your Downtown Subarea Plan. My staff and I look forward to working with you to develop a mutually agreeable work plan and contract. We also hope to participate in your planning project to the greatest extent our resources will allow. In addition to completing an important planning project for your community, your work is expected to contribute to our collective understanding of the state of the art of "SEPA/GMA integration" and the discussions of the Land Use Study Commission on regulatory reform. Thank you for your good planning work! Sincerely, Steve Wells Assistant Director Growth Management Services Enclosure cc: James P. Harris, Planning Director Fred Satterstrom, AICP, Planning Manager Peter Riley, Growth Management Services (file) iJ f Growth Management Planning and Environmental Review Fund Grants February 1996 Anacortes will develop a conservation and development plan for Fidalgo Bay with its $85,000 grant. It will identify what development can occur in different parts of the area. The Port of Anacortes and a private property owner are participating. Contact Ian Munce at (360) 299-1942. Auburn will receive $100,000 to conduct an enhanced environmental review of its service plans -- transportation, water, sewer and parks --to determine the impacts that development will have on these services. Contact Paul Krauss at (206) 931-3090. Bainbridge Island will receive $117,000 to prepare a master plan and environmental impact statement for the Winslow area that will be the blueprint for future development. Identification of incentives to encourage redevelopment will be a key part of the plan. Strategies to carry out the plan, including a streamlined permit process and monitoring program to measure success, will be included. Contact Jane Allan at (206) 842-2552. Bremerton will receive $40,000 to prepare a community redevelopment plan for the historic Charleston neighborhood, located west of the Puget Sound Naval Shipyard. The plan will include sufficient detail to streamline the permit process for developers who propose projects consistent with the plan. Contact Kay Wilson at (360) 478-5275. Centralia plans to develop an information base with its $69,300 grant that will allow the city to evaluate the impacts of future development on storm drainage, flooding and noise levels in residential areas. Future actions also can be monitored with the information base. Contact Terry Calkins at (360) 330-7662. Chehalis will use its $61,500 grant to prepare an information base to assist the city to: (1) evaluate the impacts of future development on storm drainage, flooding and water quality; (2) evaluate the economic health of the city; and (3)assist in the monitoring of future actions. Contact Joanne Schwartz at(360) 748-0271. Ellensburg will receive $19,300 to prepare an urban growth area plan for inclusion in the city's and Kittitas County's growth management documents. Following environmental review, the UGA plan will help ensure that the difficult land use decisions that lie ahead for the city and county will be made in harmony rather than conflict. Contact Robert Witkowski at (509) 962-7231. Everett will prepare a subarea plan and environmental analysis with its $90,000 grant that will provide an expanded transportation plan and mitigation framework for development in the downtown core. The project will provide information to monitor services and an expedited permit procedure that integrates environmental review. Contact Paul Roberts at (206)259-8769. Kent will prepare a subarea plan with its $150,000 grant to guide downtown infill and redevelopment, and related facilities including transportation improvements. The plan will address Kent's growth management goals for the downtown area and provide a more predictable, efficient permit process as infill and redevelopment occur. Contact Linda Phillips at (206) 850-4785. King County will use its $125,000 grant to help achieve a county-wide vision for rural areas. It will fund environmental analysis of residential density transfers from rural farming and forestry areas to urban areas. Density transfers are an innovative tool encouraged by the Growth Management Act. Both urban and rural landowners benefit from density transfers. Contact Nancy Laswell at (206) 296-1472. Lynnwood will receive $50,000 to carry out plans and strategies for redevelopment, land use, utilities, transportation, environmental restoration, parks and public facilities for the Park Central Activity Center. The center is a multi-faceted public/private project with the Edmonds School District, area residents-and businesses to revitalize the urban core of the city. Contact Marc LaFerrier at (206) 670-6651. Mill Creek will use its $135,000 grant to prepare an environmental analysis for alternative land uses in about 260 acres of land next to the city's planned Town Center. The analysis will define those land uses that will best complement the community's new downtown center while evaluating the impact on the natural and built environment. Contact Bill Trimm at (206) 745-1891. Olympia will prepare a plan and an environmental impact statement for the northern portion of its downtown area with its $153,000 grant. It will encourage development and redevelopment in an area vital to the city and decrease the amount of time and effort necessary to get approval for specific development proposals. Contact Kathy McCormick at (360) 786-5745. Pierce County will receive $150,000 to develop an integrated community plan/environmental impact statement for the rural Ashford/Elbe area in southeastern Pierce County. Contact Mark Truckey at(206) 596-2751. Seattle will undertake an environmental analysis of a plan for the North Seattle Manufacturing/Industrial Center with its $117,000 grant. It is part of the Ballard/Interbay subarea plan that will help retain and attract high-wage industrial jobs, while coping with the impacts of growth on infrastructure. Contact Nancy Ousley at(206) 233-7809. Shoreline, a new city, will receive $100,000 to undertake environmental analysis to help determine redevelopment options for an older urban area, especially essential public facilities such as the Aurora transportation corridor and Fircrest campus. Contact Mary Lynne Myer at (206) 546-8969. 2 Snohomish County will receive $175,000 to support its planning process for subareas in unincorporated urban growth areas. It will conduct subarea planning jointly with cities in selected UGAs. The county will develop a new process for the integration of environmental and growth management requirements at the subarea planning level. Contact Klaus Schilde at (206) 388-3311. Spokane County, and 10 of its cities and towns, will use a geographic information system to analyze environmental factors, public services and facilities and other information to identify areas most suitable for urban development. When environmental analysis is integrated into the planning process in the early stages, the need for environmental review when development projects are submitted for permitting is reduced. The county's grant is $400,000. Contact Tim Lawhead at (509) 456-2205. The Stevens County Small Cities Consortium will use its $99,500 grant to develop a joint growth management plan/environmental impact statements for six rural communities. The plans will have sufficient site-specific detail to permit future development that is consistent with the plan without additional environmental review. They also will develop ordinances, procedures and forms to carry out growth management policies. Contact Sandra Nourse-Madson at(509) 684-5096. Sumas will receive $98,880 to develop a computerized flood model and an accompanying environmental impact statement that will identify areas targeted for conversions to open space, as well as areas that can support urban development. Contact David Davidson at (360) 676-8463. Sumner will receive $95,000 to prepare a plan and development regulations for the East Sumner Neighborhood, a 200-acre area recently annexed into the city. The area is an assortment of land uses that can be brought together through consolidated planning and environmental review. The plan will result in a quality neighborhood and an efficient development process. Contact John Doan at(206) 863-8300. Tukwila will use its $109,250 grant to supplement the Duwamish Corridor Master Plan Environmental Impact Statement to establish a framework for a 10-week permit review process. The project will promote economic development in the Duwamish Corridor. Contact Jack Pace at (206) 431-3670. Tumwater will receive $48,000 to develop an environmental impact statement and subarea plan for the area between Interstate 5 and Littlerock Road. This will encourage high quality development in a centrally located area of the city that is vitally important to the city's economic health and civic pride. Contact Eric Charlton at(360) 754-4160. Washougal will use its $100,000 grant to prepare an environmental impact statement, subarea plan and development regulations for the Woodburn Hill Subarea. The project will provide information for decision makers on environmental and development issues on Woodburn Hill. Contact Martin Snell at(360) 835-8501. 3 KENT PLANNING CITY OF �1210-12,nIT SIGN UP SHEET DATE 3 SUBJECT PAGE # To Speak Mailings Mark X Mark X PRINT NAME Print Address, City, Zip © Vv- t�-