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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/16/1990 Co. ty of Kent City Council Meeting Agenda Mayor Dan Kelleher Council Members Jim White Leona Orr Steve Dowell Christi Houser Jon Johnson Paul Mann Judy Woods January 16, 1990 Office of the City Clerk CITY COUNCIL MEETING January 16, 1990 Summary Agenda City of Kent Council Chambers Office of the City Clerk 7 : 00 p .m. NOTE: Items on the Consent Calendar are either routine or have been previously discussed. Any item may be removed by a Councilmember. The Council may add and act upon other items not listed on this agenda. CALL TO ORDER ROLL CALL 1 . PUBLIC COMMUNICATIONS A. Proclamation - Crimestoppers Month 2 . PUBLIC HEARINGS None 3 . CONSENT CALENDAR A. Minutes B. Bills C. Ordinance Relating to Guns D. Ordinance Relating to Dangerous Weapons E. Ordinance Relating to Possession of Marijuana F. Canterbury Place Subdivision G. Donations to DARE Program H. Alex Four-Plex Bill of Sale I . Telemetry Equipment J. Real Property Acquisition Agreement with State K. Clark Springs Water Source L. Mayoral Appointments M. Council Absence N. Street Vacation - Ordinance 4 . OTHER BUSINESS A. 1990 Salary Increases for Nonrepresented Employees 5 . BIDS None 6 . REPORTS CONTINUED COMMUNICATIONS 7 . EXECUTIVE SESSION - Approximately 30 minutes . Council action may be taken following the executive session. A. Potential Litigation B. Acquisition of real estate where public knowledge regarding such consideration would cause a likelihood of increased price . C. Collective Bargaining 8 . ADJOURNMENT PUBLIC COMMUNICATIONS Citizens wishing to address the Council will , at this time, make known the subject of interest, so all may be properly heard. A. Proclamation - Crimestoppers Month CONSENT CALENDAR 3 . City Council Action: Councilmember 1 4� r moves, Councilmember seconds that Consent Calendar Items A through N be approved. Discussion _ Action 11 � 3A. Approval of Minutes. yi Approval of the minutes of the regular Council meeting of January 2 , 1990 . r,J,"`'� 3B. Approval of Bills. � Approval of payment of the bills received through January 22 , 1990 after auditing of the Operations Committee at its meeting at 3 : 00 p.m. on February 1 , 1990 . Approval of checks issued for vouchers: Date Check Numbers Approval of checks issued for payroll : Date Check Numbers Amount 1/5/90 129616-130238 $719 , 683 . 94 Council Agenda Item No. 3 A-B Kent, Washington January 2 , 1990 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher at Totem Junior High School . Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Driscoll, Planning Director Harris , Public Works Director Wickstrom, Finance Director McCarthy, Police Chief Frederiksen, Fire Chief Angelo, Assistant City Administrator Hansen, Interim Personnel Director Olson and Information Services Director Spang. Parks Director Wilson was not in attendance. Approximately 50 people were at the meeting. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNICATIONS Oath of Office. The City Clerk administered the oath of office to Mayor Kelleher and newly elected Councilmembers Houser, Johnson and Orr. All are four-year terms . (PUBLIC COMMUNICATIONS - ITEM 1B) Employee of the Month. Mayor Kelleher announced that Donna Leonard of the Parks Department has been selected as Employee of the Month for January. The Mayor noted that Ms . Leonard is the Recreation/Graphics Specialist for the Parks Department, and that for the past two years she has been instrumental in establishing the Giving Tree at Kent Commons . He commended her dedication and team spirit. (PUBLIC COMMUNICATIONS - ITEM 1C) Reverend Bill Carleton Week. Mayor Kelleher introduced a proclamation declaring the week of January 1 - 7 , 1990 as Reverend Bill Carleton Week in the City of Kent. The Mayor commended Reverend Carleton for his 35 years of service to his church, his family and the community. (PUBLIC COMMUNICATIONS - ITEM 1D) Employee Recognition. The Mayor presented Finance Director Tony McCarthy with a Certificate of Appreciation for 10 years of service to the City, and commended him on the outstanding job he has done. (PUBLIC COMMUNICATIONS - ITEM 1E) State of the City. Mayor Kelleher noted that he had just completed his first four year term and 1 January 2 , 1990 PUBLIC commented on some of the accomplishments of the city COMMUNICATIONS during this period. He pointed out that the City government is more open and responsive citing especially the Town Hall Meetings, the establishment Mayor ' s State of Initiative and Referendum authority, holding some of the City Council meetings away from City Hall and having the Address Council meetings broadcast on cable TV. He reviewed some of the accomplishments of the past year noting that progress has continued on improving the City ' s downtown business district, including the new library project and the plan for the public/private office building (Centennial Center) . Street projects include widening of Smith, James and the West Valley Highway and Mayor Kelleher pointed out Kent ' s leading role in the plans for extending S . 277th from the valley floor up to the east hill . Projects completed or near completion include the Riverbend Golf Complex, the north industrial fire station, west hill fire station, east hill public safety facility and training center and remodel of downtown fire station. City personnel have benefited through a "wellness program" . A hazardous materials emergency plan has been developed as well as a city disaster plan. A new sister city affiliation has been established with Kherson, Soviet Union and visitors will be welcomed in Kent in 1990 . A bond issue to provide 92 units of low cost housing for senior citizens narrowly missed passing due to the validation requirements but will be placed on the ballot ag_iin in February. Items for the future include creating an "enterprise zone" within which construction would be permitted under more lenient regulations; consideration of the Planning Commission ' s recommendation that the City downzone undeveloped multi-family zoned lands in Kent, thereby reducing the number of apartments which will be built in the future. Mayor Kelleher pointed out that the city has already adopted a policy to change the balance between multi-family and single family construction. A complete copy of the Mayor 's statement has been filed for the record. 2 January 2 , 1990 CONSENT JOHNSON MOVED that Consent Calendar Items A through CALENDAR K be approved, with the exception of Item D which was removed by Councilmember White. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of December 19, 1989. HEALTH AND (CONSENT CALENDAR - ITEM 3G) SANITATION Chu-Toni Estates. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 336 feet of street improvements and 339 feet of storm sewer improvements constructed in the vicinity of 42nd Place South and South 253rd Street for the Chu-Toni Estates project and release of cash bond after expiration of the one year maintenance period. STREETS (CONSENT CALENDAR - ITEM 3D) REMOVED BY COUNCILMEMBER WHITE LID 330 - 64th Avenue S. Improvements. AUTHORIZATION to change the date for confirmation of the final assessment roll for LID 330 from January 16 to February 20 . Councilmember White noted that Public Works Director Wickstrom has requested that the hearing date be cancelled, rather than changed to February 20 . Wickstrom noted that the hearing should be deferred until after the bid opening, and that he anticipates bringing the project back to Council in February or March. WHITE MOVED that the hearing on confirmation of the final assessment roll for LID 330 be cancelled. Johnson seconded and the motion carried. STREET (CONSENT CALENDAR - ITEM 3F) VACATION Third Avenue Street Vacation (St. Anthony's Catholic Church Street Vacation No. STV-89-4) . APPROVAL to defer any action on this vacation request until such time as the Centennial Building and parking garage are constructed and traffic patterns are determined, as recommended by the Public Works Committee. 3 January 2, 1990 STREET (CONSENT CALENDAR - ITEM 3J) VACATION Street Vacation - Chilcoate. ADOPTION of Resolution No. 1226 , setting a public hearing for February 6, 1990 on the Chilcoate request for vacation of a portion of Alexander Avenue. TRAFFIC (OTHER BUSINESS - ADDED ITEM - ITEM 4F) CONTROL Speed Bumps. Charles King, 27030 40th Avenue South, noted that several years ago the City installed speed bumps on 40th north of 270th. He stated that this is now the main street between 272nd and Reith Road, and asked that the Council consider removing the speed bumps. The Mayor asked that Councilmember Johnson and Public Works Director Wickstrom schedule this item at a meeting of the Public Works Committee and inform Mr. King of the date and time of such meeting. LEMMON APPEAL (OTHER BUSINESS - ITEM 4A) Dover Place PUD - Lemmon Appeal. At the December 19 , 1989 meeting, a public hearing was held to consider an appeal filed by Lucille and John Lemmon DOVER PLACE of the Hearing Examiner' s recommendation of PRELIMINARY conditional approval of the Dover Place PUD-89-1 and SUBDIVISION Preliminary Subdivision rSU-89-2 . Information received at the hearing included a presentation and comments by City staff, public testimony and the developer' s rebuttal . The hearing was completed and closed. Lucille Lemmon requested that the public hearing be reopened so that her comments would be part of the public record. WOODS MOVED that the hearing be reopened for a period of ten minutes. Mann seconded and the motion carried. Councilmember Orr noted that due to concerns raised by the developer, she would remove herself from deliberations on this item to avoid the possibility of violating any laws regarding the appearance of fairness. Lemmon reminded the Council that several issues regarding this project have not been resolved. They include open space, codes regarding private roads, drainage, documentation which has not been submitted,and whether the PUD would fit into the overall 4 January 2 , 1990 LEMMON APPEAL neighborhood in relation to streets and schools. Lemmon also asked that Councilmember Dowell refrain from voting on this issue since, as he had pointed out at the last Council meeting, he has visited the DOVER PLACE site of the proposed development in the course of PRELIMINARY his business . SUBDIVISION Jim Orr pointed out that the PUD ordinance states that the PUD project shall have a beneficial effect on the community which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to the existing or potential surrounding land use as defined by the Comprehensive Plan. He noted that the City had zoned this area R1 . 9600 in 1987 and urged the Council not to approve the PUD. Eric Campbell , President of Cam West Development, stated that the PUD is beneficial in that more trees are saved than in lot-by-lot developments, and that there will be a large open space area for the residents to use which most lot-by-lot developments do not have . He also pointed out that in Brier Lane, some of the lots are under 8 , 000 square feet in size. Campbell encouraged the Council to approve the PUD. Nadine Zackrisscn , attorney for Cam West, stated that Ms . Lemmon ' s concerns had been addressed at the public hearing and pointed out that this project meets all the criteria of the new PUD ordinance. She noted that earlier tonight in his state of the City message, the Mayor had asked the Council to promote single family development, and that this project is one way of doing that. She urged the Council to approve this PUD. The Mayor then announced that ten minutes had elapsed and he closed the public hearing. Dowell stated that at the last meeting he had heard no objections to his voting on this item, but that in response to Ms . Lemmon ' s request, he would abstain. 5 January 2 , 1990 LEMMON APPEAL JOHNSON MOVED that the Lemmon appeal be denied. Woods seconded. DOVER PLACE Mann stated that this type of project substantially PRELIMINARY changes the quality of single family dwellings, and SUBDIVISION urged the Council to not approve the PUD and to grant the Lemmon appeal . Johnson pointed out that Resolution 896 contains criteria to be used in determining whether to grant or deny an appeal , and that based on the criteria submitted to the Council , this appeal should be denied. In regard to increased traffic generated by this PUD, White pointed out that since 85% of the traffic in Kent is created by county residents passing through the city, changing the type of housing in Kent will not change the traffic volume. He stated that the City, as well as the development, must abide by the requirements which are in effect at this time. Johnson ' s motion to deny the Lemmon appeal , Dover Place PUD-89-1 and SU-89-2 , and concur with the Hearing Examiner ' s recommendation of approval of PUD-89-1 and SU-89-2 with 17 conditions carried with Mann voting nay and Orr and Dowell abstaining. CAM WEST APPEAL (OTHER BUSINESS - ITEM 4B) Dover Place PUD-89-1 and SU-89-2 - Cam West Appeal. At the December 19 Council meeting, a public hearing was held to consider an appeal filed by Cam West DOVER PLACE Development, Inc. of the Hearing Examiner' s PRELIMINARY recommendation of conditional approval of the Dover SUBDIVISION Place PUD-89-1 and Preliminary Subdivision ttSU-89-2 filed by Cam West Development, Inc. The hearing was completed and closed. Granting of the appeal would allow 39 units instead of the 38 recommended by the Hearing Examiner. JOHNSON MOVED to grant the Cam West appeal . Woods seconded. Johnson noted that the developer has met all the criteria. The Attorney clarified that the 6 January 2 , 1990 CAM WEST APPEAL Council is at this time considering only the item being appealed by the developer. The motion then carried with Mann voting nay and Orr abstaining. DOVER PLACE (OTHER BUSINESS - ITEM 4C) PRELIMINARY Dover Place Preliminary Subdivision SU-89-2 . On SUBDIVISION December 19 , information was received for the NO. SU-89-2 Council ' s consideration of the Hearing Examiner' s recommendation of conditional approval of the Dover Place 39-lot residential subdivision No. SU-89-2 . The property is located north of 103rd Ave. S .E. and S.E. 228th St. intersection abutting a portion of the west side of 104th Ave. S.E. This plat is part of the Dover Place planned unit development also approved by the Hearing Examiner. JOHNSON MOVED to modify the findings of the Hearing Examiner' s recommendation of approval of Dover Place Preliminary Subdivision No. SU-89-2 with seven conditions, by adding condition number eight, providing that the applicant agree to sign a no- protest agreement for their share of an LID for sidewalks from the Brier Lane plat down 100th Ave. S . to S .E. 240th. Woods seconded. Johnson stated that lot size is up to each individual , and is no reason to deny this application. He noted that the school district has voiced concern about the impact on schools, and encouraged the applicant to work with the school district. Johnson also said he feels the traffic problem in the area can be resolved. He said that this project will be of high quality and will be an asset to the community. The motion then carried with Orr abstaining. ANNEXATION (OTHER BUSINESS - ITEM 4E) Overlook Annexation. This date has been set to meet with the petitioners of this proposed annexation, consisting of approximately 35 acres in the vicinity of South 222nd Street and 93rd Avenue South. The City ' s Property Manager has notified the petitioner of this meeting. Upon Dowell ' s question, Wickstrom clarified that the annexation borders 94th Avenue South on the east side, but that 94th Avenue South is not included in the annexation. 7 January 2 , 1990 PUBLIC SAFETY Chief Angelo noted that this tower will not interfere with television reception, and that nearby trees will have to be topped in the future to keep them at approximately the height they are now. He noted for Anne Biteman that the Water District No. 75 site is located at 216th and I-5. Mr. Nelson, Floyd Bacon, and Walter Cook voiced support for the Cambridge site. MANN MOVED that the Fire and Police Departments pursue the alternative of siting the radio tower at the Cambridge Fire Station site and keep the option open with Water District No. 75 should the Cambridge site not be approved through further process. Dowell seconded and the motion carried. POLICE (CONSENT CALENDAR - ITEM 3E) Drinking Driver Task Force. ACKNOWLEDGEMENT of the following donations to the Task Force: Warranty Service Co. $100. 00 Service Linen Supply $ 50. 00 Bell-Anderson Agency $150. 00 SISTER CITY (CONSENT CALENDAR - ITEM 3C) PROGRAM Sister City Program. APPROVAL of the City of Kent Sister City Agreement with Kherson, Soviet Union as signed by Mayor Kelleher and Chairman Kalinichev. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 3 after auditing by the Operations Committee at its meeting at 3 : 00 p.m. on January 16 , 1989 . Approval of checks issued for vouchers: Date Check Numbers Amount 12/14/89 - 86750 - 86785 $ 382 , 083 . 89 12/28/89 12/29/89 86786 - 87135 892 , 418 . 94 $1, 274 , 502 . 83 Approval of checks issued for payroll : Date Check Numbers Amount 12/20/89 128963 - 129615 $728 , 546 . 14 9 January 2 , 1990 REPORTS (REPORTS - ITEM 6A) council President. White stated that he has once again been asked by the Association of Washington Cities to represent the State Association and the City of Kent on the National League of Cities Transportation and Communication Steering Committee. He pointed out that this would necessitate out-of- state travel , costing approximately $3 , 000 a year, and MOVED for Council approval. Woods seconded and the motion carried. (REPORTS -- ITEM 6C) Public Works Committee. Johnson noted that the Public Works Committee will meet at 3 : 00 p.m. next Tuesday in the Engineering Building Conference Room. (REPORTS - ITEM 6E) Public Safety Committee. Mann noted that he had attended the National League of Cities Annual Meeting in Atlanta in November and had gathered valuable information on finances for cities, drug abuse, public/private partnerships and downtown revitalization. He noted that citizens were saying no to controlled growth and that attending the meetings had given him a greater perspective on the growth issue . EXECUTIVE Administrative Reports, At 9 : 05 p.m. , City Attorney SESSION Driscoll requested an executive session of approximately ten minutes to consider the sale of real estate. She stated that action will most likely be taken after the executive session, and noted that because this was a last minute item, it is not listed on the agenda cover sheet. Upon the Mayor' s question, Driscoll stated that this item is time sensitive. White pointed out that the Council, as well as the public, would like to be notified in advance when there will be an executive session. The meeting was reconvened at 9: 20 p.m. HOUSER MOVED to approve a reduction of the amount of land purchased by Young Development and an equal reduction in purchase price and the agreement to future conveyance of approximately 1/5 acre of property to Young Development. White seconded. 10 January 2 , 1990 EXECUTIVE Assistant City Administrator Hansen pointed out that SESSION this property is a 5-acre parcel of City property at the corner of Russell Road and Meeker, adjacent to the golf course. The motion carried. ADJOURNMENT The meeting then adjourned at 9 : 25 p.m. Marie Jensen, C� City Clerk 11 p} Kent City Council Meeting Date January 16 , 1990 Category Consent Calendar 1 . SUBJECT: AMENDMENT TO ORDINANCE RELATED TO GUNS 2 . SUMMARY STATEMENT: Adoption of Ordinance amending Kent City Code to conform to State law. The Legislature equires that city ordinances related to guns be consistent with tate law. 3 . EXHIBITS: Ordi�hance Y 4 . RECOMMENDED/ BY: Public Safety Committee (Committ e, Staff, Examiner, Commission, etc. ) 5. UNBUDGFJ1ED FISCAL PERSONNEL IMPACT_ NO X YES FISCAL PERSONNEL NOTE: Recommended_ Not Recommended __LL� 6 . EXPEgDITURE REQUIRED: $ Sgg*E OF FUNDS : 7 . CITY COUNCIL ACTION: Cquncilmember moves, Councilmember _seconds DISCUSSION• _ ACTION: __— Council Agenda Item No. 3C 3C ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to crimes and weapons apparently capable of producing bodily harm, amending Kent City Code 9.02. 104. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES y : HEREBY ORDAIN AS FOLLOWS: i Section 1. Kent City Code 9 .02.104 is amended as follows: I A_ It shall be unlawful for anyone to carry, exhibit, display or draw any firearm, dagger, sword, knife or other cuttin or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm: E 1---In-env-premises-sahieh-serves-aleeha�ie beverages--er 2- In a manner, under circumstances, and at a time it and place that either manifests an intent to intimidate another on that warrants alarm for the safety of other persons. Any person violating the provisions of this subsection shall be guilty of a misdemeanor. B. Subsection (A) of this Section shall not apply to 0 affect the following: 1. Any act committed by a person while in his place of abode or fixed place of business; 2. Any person, who by virtue of his office or public employment is vested by law, with a duty to preserve publi safety, maintain public order, or to make arrests for offenses while in the performance of such duty; 3. Any person acting for the purpose of protecting himself against the use of presently threatened unlawful force by another, or for the purpose of protecting ,another against the use of such unlawful force by a third person; 4. Any person making or assisting in making a lawful arrest for the commission of felony; or 5. Any person engaged in military activities sponsored by the federal or state governments. Section 2. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY i PASSED the day of 1990. APPROVED the day of _ 1990. PUBLISHED the day of 1990. 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) MRRIE JENSEN, CITY CLERK 7930-270 1 Kent City Council Meeting Date January 16 , 1990 Category Consent Calendar 1. SUBJECT: AMENDMENT TO ORDINANCE RELATED TO DANGEROUS WEAPONS 2 . SUMMARY STATEMENT: Adoption of Ordinance amending Kent City Code 9 . 02 . 106 to correct certain typographical errors that may change the meaning of the ordinance if not corrected. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X YES _. FISCAL/PERSONNEL NOTE: Recommended- Not Recommended_ 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds I DISCUSSION ACTION: — Council Agenda Item No. 3D 4�_. ORDINANCE NO. — AN ORDINANCE of the City of Kent, Washington, relating to crimes; relating to dangerous weapons, amending Kent City Code 9.02.106. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code 9.02.106 is amended as follows. 9.02.106. It shall be unlawful for anyone to sell, manufacture, purchase, possess or carry: A. Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or w- similar substance connected with wire, rope, or other means; or B. Any device commonly known as "throwing stars", whicty are multipointed, metal objects designed to embed upon impact from) any aspect in a manner, under circumstances, and at a time and place that either manifests an intent: to intimidate another or that warrants alarm for the safety oP other persons. C. It shall be unlawful fcr anyone to manufacture, sell or dispose of, or have in his possession any instrument or weapon of the kind usually known as treapen-c€-the-kinel-#n-aeld3�ien-fie theee-1i5ted-#n-Seet#en-2 the following weapons: 513ng slung shod, sand club, or metal knuckles or spring blade knife or any knife the blade of which is automatically released by a spring mechanist or other mechanical device or any knife having a blade which opens' or falls or is ejected into position by the force of gravity or byl an outward, downward, or centrifugal thrust or movement; D. Anyone who shall furtively carry with intent to conceal any dagger, dirk, pistol, or other dangerous weapon as previously outlined, or who shall use any contrivance or device for suppressing the noise of any firearm shall be guilty of a misdemeanor. I Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from time of its final passage as provided by law. i 'I DA14 KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO F0P14: SANDRA DRISCOLL, CITY ATTORNEY PASSED the day of 1990. APPROVED the day of 1990. PUBLISHED the day of _ 1990. 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) MARIE JENSEN, CITY CLERK I 4400-150 2 - if Kent City Council Meeting Date January 16 , 1990 Category Consent Calendar 1. SUBJECT: AMENDMENT TO POSSESSION OF MARIJUANA LAWS 2 . SUMMARY STATEMENT: Adoption of Ordinance that makes Kent City Ordinances related to controlled substances consistent with State law as is required in Chapter 271 of 1989 Legislature. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X YES FISCAL(PERSOMNEL NOTE: Recommended_ Not Recommended 6 . EXPENDITI= REQUIRED: $ SOURCE OF " DS • 7 . CITY COU13rCIL ACTION: Council ember moves, Councilmember seconds f - DISCUSSION: ACTION: Council Agenda Item No. 3E ORDINANCE NO. { AN ORDINANCE of the City of Kent, Washington, referring to penalty for marijuana violation, amending the penalty for violations of possession of marijuana, amending Kent City Code Section 9.12.68. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code 9.12.68 is amended as follows: 9.12. 68. PENALTY FOR VIOLATIONS. Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by-a £ine-in-any-aum-net-te-exeeeel-€#ye-hundred-{586}-dei€ars--er-be f 3mgr3saned-in-the-2iEy-cSail-€ar-e-bern-net-Ca-exeeeel-s#x-{6} menths--er-by-bath-9tieh-€ine-and-imprisenmenb- by a fine of not less than two hundred fifty $_ 50) dollars for a first offense, and a mandatory, not suspendable jail term of not less than ; twenty-four consecutive hours. on a second or subsequent conviction the fine shall not be less than five hundred ($500) dollars. These fines shall be in addition to any other fine or penalty imposed. The fine and jail term shall not exceed ninety (90) days or one thousand ($1,000) do_1._lars_ i i Section 2. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage as provided by law. I, DAN KELLEHER, MAYOR II ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY PASSED the day of __, 1990. APPROVED the day of 1990. PUBLISHED the day of 1990. 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 cf the City of Kent as hereo indicated. (SEAL) MARLS JENSEN, CZTY CLERK 7970-280 2 - Kent City Council Meeting �; Date January 16 , 1990 Category Consent Calendar 1. SUBJECT: CANTERBURY PLACE PRELIMINARY SUBDIVISION NO. SU-89-4 I IT, f4 000 1 r"7!%� 2 . SUMMARY STATEMENT: Set February 6 for a public meeting to consider the Hearing Examiner's recommendation of conditional approval of an application by Baima & Holmberg, Inc. for a 15 lot single family residential preliminary subdivision. The property is located north of S .E. 248th St. between 98th Ave. S . and proposed 100th Ave. S . (extended) . r i 3 . EXHIBITS: Nohe 4 . RECOMMENDED BY: Hearing Examiner 12/20/89 (Committ6e, Staff, Examiner, Commission, etc. ) 5 . UNBUDGE D FISCAL PERSONNEL IMPACT_ NO X YES FISCAL ERSONNEL NOTE: Recommended Not Recommended __ i 6 . EXPENDiTURE REOUIRED: $ SOURCE OF FUNDS : 7 . CITY OUNCIL ACTION: Coun'cilmember moves, Councilmember seconds DISCUSSION• _ ACTION: _ Council Agenda Item No. 3F n ;y „ Kent City Council Meeting Date January 16 , 1990 Category Consent Calendar 1. SUBJECT: B®NAT"FON-8—T9 DARE PROGRAM 2 . SUMMARY STATEMENT: Acknowledgment of contributions for the DARE Program in the amount of $50 in memory of Maury Stratta. 3 . EXHIBITS: Memo from Officer Bob Bradley, Crime Prevention. 4 . RECOMMENDED BY: _ (Committee, Staff, Examiner. , Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X YES _ FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3G KENT POLICE DEPARTMENT TO: MARIE JENSEN FROM: BOB BRADLEY, CRIME PREVENTIONk SUBJECT: DONATIONS TO THE D.A.R.E. PROGRAM DATE: January 4 , 1990 ----------------------------------------------------------------- The Crime Prevention Unit of the Police Department has received contribution(s) for the D.A.R.E. Program in the amount of $25 . 00 from Janet and David Dennis, $10 . 00 from Frances Hughes, and $15. 00 from Hattie and David Dennis in memory of Maury Stratta. These contributions will be used in support of program activities. Would you please make the necessary notification to the Mayor and City Council for formal acceptance and recognition of this contribution? Thank you. cc: Paul Mann Rod Frederiksen Mary Ann Kern <4 Kent City Council Meeting k Date January 16 , 1990 Category Consent Calendar 1. SUBJECT: ALEX FOUR-PLEX J �A ��, 2 . SUMMARY STATEMENT: Accept the bill of sale and warranty agreement for continuous operation and maintenance of approximately 228 feet of sanitary sewer extension constructed in the vicinity of S.E. 248th and 110th Ave. S .E. for the Alex Four-flex Project and release of cash bond. 3 . EXHIBITS: Vicinity map. 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X YES FISCAL/PERSONNEL NOTE: Recommended. Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : _ 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION. _ Council Agenda Item No. 3H 3 ff 3 •��It n.an 9cn (L ,240 STD 3 , E �' �:': � ,• 7 =s - Z40 \ w ST [cfr Y r- C'tm.SCn oil _ 2:1 1 �S• � �KENT � r 240 ,,(( nesrLtenr•,�r. IT. j � \ p.S f1 T 1 � r4ii`Erx 1 � x N, Su, Rot VICINITY MAP ALEX 4-PLEX 1 Kent City Council Meeting Date January 16 , 1990 Category Consent Calendar 1. SUBJECT: TELEMETRY EQUIPMENT 2 . SUMMARY STA : �As recommended by the Public- Work . K ommitte -,.-� rization to surplus and offer for sale water and r, sewer telemetry equipment which has been replaced by updated equipment. I 3 . EXHIBITS: Excerpt from Public Works Committee minutes of 1/9/90 and supporting material . 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED, SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION' Councilmember j moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3I PUBLIC WORKS COMMITTEE January 9 , 1990 PRESENT: JON JOHNSON GARY GILL JUDY WOODS SANDRA DRISCOLL JIM WHITE BILL WILLIAMSON DON WICKSTROM TIM HEYDON JIM HANSEN Telemetry Equipment Heydon explained the old telemetry equipment has been in storage for several years and could be of use to other water districts. He requested we surplus the equipment and advertise for bids. The Committee unanimously approved the request. Sanitary Sewer Service 42nd Avenue S . and Orillia Road Wickstrom explained this property is now in the City of Sea-Tac. The owner has requested sanitary sewer service to develop their property. Sandra Driscoll stated there are numerous issues involved, some of which are planning issues addressing the agriculture zone and environmentally sensitive zones. Other concerns are that once sewer services the area development might be encouraged which will jeopardize the current zoning. Additionally this could affect some litigation the City has concerning the ag-zone change with the Kentview properties. The City of Sea-Tac has indicated their willingness to enter into an interlocal agreement but have assured that they won't do anything until they discuss it with Kent. Wickstrom emphasize the proposed use does not correspond with what Kent would recommend. The Committee expressed approval of the Attorneys response to the developer' s attorney. Transportation Benefit District (TBD) Resolution and Establishment of Budget Wickstrom stated that the Steering Committee of the South County TBD Committee has agreed to form a "flexible" TBD in order to be eligible for State funds from the gas' tax if available. At this point, Auburn is reluctant to move to the stage whereby the voters are advised and bonds issued; however, are more receptive to the flexible TBD. The agreement allows withdrawal within 90 days before advancing to the next phase. The Committee unanimously recommended authorization for the Mayor to sign the agreement and to adopt the resolution confirming Kent ' s participation and establishment of the budget of approximately $46, 000 from the 1990 CITY OF VENT MEMORANDUM DEC 1 2 1989 DATE: December 12 , 1989 ENGINEERING DEPT. TO: Don Wickstrom, Director of Public Works FROM: Tim Heydon, Operations Manager / SUBJECT: Authorization to Surplus Equipment I am requesting approval to surplus the old water and sewer telemetry which is stored here at the shops. The sewer telemetry is the radio transmitter type purchased from Motorola in 1975 . There are two types of water telemetry; the old relay type and the more recent equipment purchased through Stead & Baggerly. The FCC has banned the sewer alarm decoders in this area. This equipment has been replaced and is of no use with our present system. In order to reach a wider range of smaller utilties, I propose to advertise this in the AWWA, Public Works and Water Pollution Control Federation publications in addition to the News Journal and the Journal of Commerce. cc: Karen Siegel B: \C002G06 'A �r is •��,� 1!y Kent City Council Meeting rJ� Date January 16 , 1990 Category Consent Calendar � J 1. SUBJECT: REAL PROPERTY ACQUISITION AGREEMENT 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign an extension agreement with the Washington State Department of Transportation for real property acquisition services . The current agreement will expire in February, 1990 . The State's acquisition services are used for projects in which state and federal guidelines must be explicitly followed so as not to jeopardize any federal funding. i 3 . EXHIBITS: Original agrq'ement . 4 . RECOMMENDED BY: Don Wickstrom (Committee, Staff, ' Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X YES_ _ FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: N/A SOURCE OF FUNDS : - 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• _ Council Agenda Item No. 3J �'�'� Washington State -/� Department of Transportation Duane Berentson Transportation Building K F•01 Secretary of Transportation Olympia,Washington 98504.5201 206 753-6� March 20, 1987 1 MAR 2 3 1987 City of Kent 220 - 4th Avenue South L Kent, WA 98032 Attn: Jerry McCaughan Director of Public Works Re: Agreement for Aid, GC 8229 )ON- Real Property Acquisition Washington State Department of Transportation Dear Jerry: An executed copy of the Agreement for Aid (GC 8229) between the City of Kent and the Department of Transportation is enclosed for your records. This Real Property Acquisition Service Agreement is now in effect between our agencies, however, please note on page 2, under paragraph IIA that future requests for specific work assistance/aid must be made in writing by the City of Kent. Thank you for the opportunity to be of service. , As in the past, we look forward to working with you and your staff. Don't hesitate to call this office if you have questions about the agreement or assistance request procedures . Sinc ely, ROBERT H. BARNARD Chief Right of Way Agent -� �J f J RHB:mh i f� Enclosure L-4 February 2 , 1987 WATER (CONSENT CALENDAR ITEM 5D) Kent Springs Transmission Main. ACCEPT as complete, the contract with Como Contractors, Inc. for the Kent Springs Transmission Main project and release of the retainage after receipt of the necessary releases from the Stage. STREETS (OTHER BUSINESS ITEM 6B) LID 310 - P-2 Channel Crossing - 72nd Avenue S. - Ordinance. At the Council meeting on January 20 , 1987 , action on adopting the final assessment roll for LID 310 was deferred to this meeting. The Director of Public Works has prepared a response to the questions raised by the property owner at the January 20 meeting. - JOHNSON MOVED that the report by the Director of Public Works be made a part of the record, and that Ordinance 2699 approving the final assessment roll for LID 310 be adopted. Bailey seconded and the motion carried. STREET ( CONSENT CALENDAR ITEM 5K ) VACATIONS VStreet Vacation' -'°Ewing - Resolution. ADOPTION Of Resolution 1125 setting a public hearing for March 3 , 1987 to consider the Ewing request for vacation of property located at 622 S . Central Avenue . ( CONSENT CALENDAR ITEM 5L) •Street 'Nacation" on 27th Avenue S. - Choy - Ordinance. ADOPTION of Ordinance 2698 vacating a portion of 27th Avenue S . for which a public hearing was held on December 1 , 1986 , followed by approval on January 5 , 1987 . The required payment of one-half of the appraised value has been received. TRAFFIC (CONSENT CALENDAR -.ITEM.-5E) -- CONTROL •.•S.-=272nd/277thr,Corridor--' Real Property Acquisition. Z.OAUTHORIZATION for the Mayor to sign an-agreement with the Washington State Department' of Transporta- tion for use of their services_ i7i` the acquisition of property, as ,_approved by the Public Works Committee . ( CONSENT CALENDAR ITEM 5J) No Parking Ordinance. ADOPTION of Ordinance 2697 prohibiting parking as follows : On Maple Street from Woodland Way to the south side of Garfield Avenue . On 100th Avenue S . , from the end of the street to James Street (S . 240th St. ) between 8 : 30 a .m. and 3 : 30 p.m. on both sides. - 2 - AGREEMENT FOR AID This agreement is made and entered into by and between the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION hereinafter referred to as "DEPARTMENT" and CITY OF KENT hereinafter referred to as "AGENCY." WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646, 84 Stat. 1894) as implemented by the United States Department of Transportation (47 CFR 25), Chapter 8.26 Revised Code of Washington (RCW) and Chapter 365-24 Washington Administrative Code (WAC) promulgated by Washington State Office of Community Development (OCD), all of which hereinafter referred to as the Regulations, establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced In connection with or as a result of public works programs or projects of a State agency or local public body; and WHEREAS, the AGENCY may propose to acquire or to administer the acquisition of real property In connection with public works programs or projects and which programs or projects may necessitate displacement of an individual, a family, business, farm or non-profit organization; and WHEREAS, the DEPARTMENT has an established organization to conduct programs and project impact studies, land acquisitions management and relocation assistance programs for compliance with the Regulations and the DEPARTMENT Is empowered to provide such services pursuant to Chapter 39.34 RCW; and WHEREAS, the DEPARTMENT, in accordance with Its policies, does not desire to perform services for a public agency by entering into or otherwise Interfering with competitive bidding by private enterprise In response to advertisement or solicitation by such public agency; and WHEREAS, the AGENCY in support of said DEPARTMENT policies, assures the DEPARTMENT that the Agency's assignments and/or requests for services under this AGREEMENT will not result from bidding, negotiation or other competition involving private enterprise; and WHEREAS, the AGENCY may desire to obtain such services from the DEPARTMENT and the DEPARTMENT is willing to furnish such services to the AGENCY, and both deem It in the interest of the public to enter Into this AGREEMENT; NOW, THEREFORE, In consideration of the stated premise and In the Interest of providing expedient, fair, equitable and uniform treatment of land owners and persons to be displaced by proposed land acquisition projects and pursuant to RCW 8.26.120, the parties hereto agree as follows: Page 1 of 6 I GENERAL A. The DEPARTMENT shall, to its maximum administrative ability undertake to provide the AGENCY with impact study, appraisal, appraisal review, acquisition, relocation assistance, or property management services described hereinafter, all in accordance with the appropriate elements of DEPARTMENT operating requirements set forth in the DEPARTMENT publication M26-01 (HW), "Right of Way Manual," except where specific operating requirements are otherwise described herein. All such requirements shall conform to the Regulations. B. The normal workload of the DEPARTMENT shall have priority over any work performed under this AGREEMENT. The work performed under this AGREEMENT shall be pursued with care and diligence, making every effort to recognize pertinent schedules of the AGENCY. The DEPARTMENT shall promptly notify the AGENCY of any hardship or other inability to perform under this AGREEMENT including postponement of the AGENCY's woc< due to priority given to the DEPARTMENT's work. C. This AGREEMENT may be increased or decreased in scope of character of work to be performed if such change becomes necessary, but, any such change shall be accomplished by written agreement and executed by all parties to said AGREEMENT. D. The AGENCY shall indemnify and hold the DEPARTMENT harmless from all claims, demands, losses and damages arising out of the performance of this AGREEMENT on the part of the AGENCY or the DEPARTMENT; provided, however, nothing herein shall be construed to require the AGENCY to indemnify and hold the DEPARTMENT harmless against claims or demands arising out of the sole negligence of the DEPARTMENT. It Is agreed that the DEPARTMENT, in the course of its performance of services under this AGREEMENT, shall be the agent of the AGENCY. The AGENCY shall be ultimately responsible for the payment of any claims, demands, lawsuits, or damages arising out of the performance of this AGREEMENT by the employees or agents of the DEPARTMENT. 11 WORK ASSIGNMENT/REQUEST A. Specific assignments shall be made in writing to the DEPARTMENT by the AGENCY. The AGENCY shall make such assignments before any negotiations for property acquisition and before any discussion of price with the property owner, when required by the Regulations. B. The AGENCY shall furnish the DEPARTMENT with all information which has been compiled by or Is available to the AGENCY concerning the property to be affected by each particular project. Such information shall Include, but not be Page 2 of 6 nn 0nc� C} limited to a list Identifying each property affected by the project by Parcel number, a tabulation of improvements on each property, the geographical location and boundaries of each property, and a description of how the project affects each property. The AGENCY shall furnish the State copies of plan sheets showing limits of parcel rights to be acquired and sufficient engineering data to develop legal descriptions. C. The DEPARTMENT shall furnish all labor, materials, supplies and Incidentals necessary to complete the work assigned by the AGENCY and shall furnish all information necessary to the conduct of a land acquisition program, at the convenience of the DEPARTMENT. D. The DEPARTMENT will at its discretion and upon written request from the AGENCY furnish the following as required: Impact Studies: Impact studies shall be made and reported in written narrative addressing potential influences by a program or project on land economics, or land use factors, displacement/relocation factors, acquisition costs and relocation plans, as requested. Appraisal: Property shall he evaluated and value conclusions reported to conform with DEPARTMENT operating requirements. Any request by the AGENCY for court preparation and testimony will be a separate work assignment request under this AGREEMENT and shall be submitted to the DEPARTMENT in a timely manner to provide not less than ninety (90) clays advance notice to expected court appearance. Appraisal Review: Appraisal reports shall be reviewed to conform with DEPARTMENT operating requirements for validity of value conclusions provided such reports are accompanied by a copy of the appraiser's contract and provided that the AGENCY (or Its agent) has determined that such reports appear to comply with the AGENCY's procedural requirements and include adequate description of the property appraised, the interest to be acquired, and appears to include adequate data supporting said conclusions. The AGENCY shall be responsible for obtaining any necessary replacements for unacceptable appraisal reports or for obtaining any substantive revisions of Inadequate reports where such reports were furnished to the DEPARTMENT by the AGENCY. Acquisition: Every reasonable effort will be made to acquire real property by negotiations In accordance with the Regulations. The DEPARTMENT shall attempt to acquire all property within the project limits without commencing condemnation proceedings. A written offer will be presented to each owner at the time price Is first discussed for the property. The offer will be documented and retained as part of the parcel file. Parcel by parcel diaries containing adequate written records of the negotiations will be maintained including, but not limited to the following: 1. Date and place of contacts; Page 3 of 6 ., 2. Persons present; 3. Offers made(actual dollar amount); 4. Counteroffers made; 5. Reasons settlement could not be reached. Each request by the AGENCY shall specify the name of the grantee In whose name the property Is to be conveyed. The DEPARTMENT shall provide the AGENCY with deeds to all property acquired and, wherever possible, instruments to clear encumbrances .of title from those deeds. The DEPARTMENT will provide Information leading to clearing of encumbrances which the DEPARTMENT cannot clear without legal action. Upon completion of a review of each acquisition by the DEPARTMENT's Title Section, all instruments and materials pertaining thereto will be provided to the AGENCY. Clearing remaining encumbrances of title and making the actual payment for the property shall be the responsibility of the AGENCY. Should it become apparent that negotiations for attempted acquisition have reached an impass and sufficient time has elapsed for a property owner to made a decision, the DEPARTMENT will, either at its direction or upon written request by the AGENCY, submit to the AGENCY a condemnation report that will contain a summary of negotiations, amounts of counteroffers, if any, and other historic data relative to such attempted acquisition. The actual filing of condemnation and subsequent litigation shall be the responsibility of the AGENCY. Relocation Assistance: Relocation assistance services shall be provided to conform with DEPARTMENT operating requirements. All relocation claims presented by displacees will be processed by the DEPARTMENT, but the actual disbursement of monies shall be made by the AGENCY. As may be assigned by the AGENCY, the DEPARTMENT will respond to and assist the AGENCY with an appeal as to relocation assistance benefits filed by an aggrieved displacee; however, the AGENCY shall be remain responsible for any appointment of a hearings officer, the conduct and the record of hearings, and for renderings of the final decision of the AGENCY. Property Management: Effective management will be provided In the name of the AGENCY for AGENCY-controlled properties to conform with DEPARTMENT operating requirements. E. At the completion of the project the DEPARTMENT will, either at Its discretion or upon written request by the AGENCY, turn over to the AGENCY all records Including appraisal and appraisal review reports, acquisition, relocation assistance and property management records pertinent to the work performed by the DEPARTMENT. Page 4 of 6 ITT PAYMENT The DEPARTMENT shall be paid by the AGENCY for completed work and for services rendered under the AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies and incidentals necessary to complete the work. The DEPARTMENT acknowledges and agrees that only those costs actually allocable to a project shall be charged to such project. A. The DEPARTMENT shall be reimbursed in full by the AGENCY for its direct and related indirect costs accumulated in accordance with Its current accounting procedures. B. Partial payments will be made by the AGENCY upon receipt of the AGENCY of billings from the DEPARTMENT. Billings will not be more frequent than one per month. It is agreed that payment of any particular claim will not constitute agreement as to the appropriateness of any item and that at the time of final .billing all required adjustments will be made. C. Upon termination of this AGREEMENT as provided in Section V, the DEPARTMENT shall be paid by the AGENCY for services rendered to the effective date of termination, less all payments previously made. No payment shall be made by the AGENCY for any expense Incurred or work done following the effective date of termination unless authorized, in writing, by the AGENCY. D. Final payment of any balance due the DEPARTMENT of the ultimate gross reimbursable amount, prior to the effective date of termination, will be made upon ascertainment of such balance by the DEPARTMENT and certification thereof to the AGENCY. TV NON-DISCRIMINATION The DEPARTMENT shall comply with RCW Chapter 49.60. With respect to the work to be performed by the DEPARTMENT during the contract, the DEPARTMENT shall not discriminate on the grounds of race, color, sex, national origin, marital status, age, or the presence 'of any sensory, mental, or physical handicap In the selection and retention of agents, subcontractors, Including procurement of services or materials, or leases or equipment. The DEPARTMENT shall comply with Title VI of the Civil Rights Act of 1974, U.S.C. 2000d-d4 and related statutes. Page 5 of 6 V COMMENCEMENT AND TERMINATION OF AGREEMENT The work Is of a continuing nature and will be In force as of the date of this AGREEMENT. Either party may terminate this AGREEMENT at any time upon not less than sixty (60) days written notice to the other party with or without cause. This AGREEMENT shall.terminatothreexyears�from the date of execution hereof unless otherwise terminated or unless extended In writing signed by both parties. IN WITNESSIHEREOF, the parties hereto have executed this AGREEMENT this ',tL day of , L� , y 6 APPROVED AS TO FORM: CITY-OF KENT i 19 BY: Mayor ittorneyfor City of ent APPROVED AS TO FORM: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION a3 19 BY: C. L. 3LtMMtK Project Development Engineer As ant ttorn General 8/LM-15a Page 6 of 6 Kent City Council Meeting Date January 16 , 1990 Category Consent Calendar 1. SUBJECT: CLARK SPRINGS WATER SOURCE 2 . SUMMARY STATE1NxP~ In concurrence with the recommendation of ) lic Works Committeer- e es a is men o ini i�'al budget of $75, 000 for the purpose of investigating and assuring the integrity of the water of Clark Springs source 3 . EXHIBITS: Excerpt from Public Works Committee minutes of 11/28/89 ; fiscal note. 4 . RECOMMENDED BY: Don Wi kstrom• Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X FISCAL/PERSONNEL�NOTE: Recommended. Not Recommended 6. EXPENDITURE RE-UIRED: $75 , 000 SOURCE OF FUNDS : unencumbered water funds 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3K MARCHIONE,JOHN / KENT70/FN - HPDesk print. ------------------------------------------ Sl,bject: CLARK SPRING WATER SOURCE - IBC FISCAL NOTE t ator: John MARCHIONE / KENT70/FN Dated: 01/11/90 at 0857 . THE IBC APPROVES THE USE OF UNENCUMBERED WATER FUNDS TO INVESTIGATE THE BARRELS FROM THE PALMER COKE & COAL COMPANY NEAR OUR WATER SUPPLY. THIS RESEARCH IS IMPORTANT TO THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF KENT AND SHOULD BE ACTED UPON AS SOON AS POSSIBLE. UNENCOMBERED WATER FUNDS HAS $2 , 120, 223 IN THE 1989 PROJECTIONS. PUBLIC WORKS COMMITTEE November 28 , 1989 PRESENT: JON JOHNSON JIM HARRIS JUDY WOODS MARTY NIZLEK STEVE DOWELL BILL WILLIAMSON DON WICKSTROM JOHN MARCHIONE JIM HANSEN DEE MOSCHEL GARY GILL STEVE BURPEE Wickstrom noted that approximately 1983 Greg Wingard pointed out that a site in Landsburg was being or had been used as an illegal dump site of possible hazardous wastes. As such, possible contamination of the surrounding ground and surface water was a potential . DOE was made aware of it and field inspected the site. We also tested our Clark Springs water supply for contamination and found none. We were led to believe DOE would take action; however, nothing has happened. Greg recently has taken DOE out there again. Greg also has taken our water quality engineer out to the site. She has confirmed Greg ' s concerns and due to the location of the site with respect to our Clark Springs source, we want to do anything we can to assure DOE takes action this time. We propose to contact DOE and see what assistance we can provide to assure action is taken. We may need to hire a consultant to verify the problem and assist DOE in the case. It is really quite threatening to our major water supply. There are barrels out there and we do not know what they contain. They may have deteriorated. We are proceeding with water sampling near the site to determine if any contaminates have been released yet. Bill Williamson stated we know who the property owner is and he has been notified of the problem. The Committee authorized the Public Works Director to take any necessary action to identify and correct the problem. Request for Street Improvements 38th Avenue - Jeanine Crook Nizlek reviewed the material submitted in his memorandum. Summarizing, Nizlek indicated his findings do not indicate the need for the improvements at this time. The speeds are at the high end but are marginal as far as police enforcement. Thirty-Eighth is a residential collector accounting for the volumes. Nizlek noted these are now reduced to almost half than what was out there prior to placement of speed humps elsewhere in the neighborhood. There is no accident problem documented over the past two years . Additionally, Mrs. Crook was informed of the petition process and she has not come back to us with that. Nizlek added it should be stressed to her that if she finishes the petition process, that does not mean funds are available for the improvements. Johnson Kent City Council Meeting 1 Date JanuarV 16 , 1990 Category Consent Calendar 1. SUBJECT: MAYORAL APPOINTMENTS 2 . SUMMARY STATEMENT: Confirmation of the following appointments by Mayor Kelleher: Human Services Commission Reappointment of Marvin Eckfeldt to 1/93 . Reappointment of Dee Moschel to 1/93 . Appointment of Alice Gregory to replace John Pardo, who recently resigned. This term will expire 1/91. Appointment of Father Peter Duggan to replace Rev. Bill Carleton, who recently resigned. This term will expire 1/92 . Appointment of Peg Mazen. This term will expire 1/93 . Civil Service Commission Appointment of Ron Forest to replace Robb Dreblow, who has resigned. This term will expire 4/94 . 3 . EXHIBITS: Letts from Mayor. , 4 . RECOMMENDED BY Mayor (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED SCAL/PERSONNEL IMPACT_ NO n YES_ FISCAL PER NNEL NOTE: Recommended_ Not Recommended rf, 6 . EXPENDI REQUIRED: $ SOURCE FUNDS : 7 . CITY UNCIL ACTION: Coun ilmember moves, Councilmember seconds r DISC4SSION• ACTION: Council Agenda Item No. 3L 3 OFFICE OF THE MAYOR TO: JIM WHITE, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR�a DATE: JANUARY 5, 1990 SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENT-ALICE GREGORY I have recently appointed Alice Gregory, who is employed by Great Western Bank, to the Human Services Commission. Ms. Gregory will serve in the categorical classification of Business Community Representative, and she will serve as a representative of Great Western Bank. Ms. Gregory will replace John Pardo, who recently resigned. Her term will begin immediately and will continue until 1/1/91 . I submit this for your confirmation. DK:jb cc: Ed Chow, City Administrator Marie Jensen, City Clerk Human Service Commission Members Jim Harris, Planning Director OFFICE OF THE MAYOR TO: JIM WHITE, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR�w DATE: JANUARY 5 , 1990 SUBJECT: HUMAN SERVICES COMMISSION RE-APPOINTMENT OF MARVIN ECKFELDT I have recently re-appointed Marvin Eckfeldt, of the Kent First Christian Church, to the Human Services Commission. Reverend Eckfeldt will serve in the categorical classification of Religious Community Representative and he will represent First Christian Church. His term as a Commission Member will continue from 1/90 until 1/93 . I submit this for your confirmation. DK:jb cc: Ed Chow, City Administrator Marie Jensen, City Clerk Human Service Commission Members Jim Harris, Planning Director OFFICE OF THE MAYOR TO: JIM WHITE, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR DATE: JANUARY 10, 1990 SUBJECT: RE-APPOINTMENT OF DEE MOSCHEL TO THE KENT HUMAN SERVICES COMMISSION I have recently re-appointed Dee Moschel to the Kent Human Services Commission. Ms. Moschel represents the categorical classification of Service Clubs Representative. Her term continues in effect from 1/1/90 until 1/1/93 . I submit this for your confirmation. DK:jb cc: Ed Chow, City Administrator Marie Jensen, City Clerk Human Service Commission Members Jim Harris, Planning Director OFFICE OF THE MAYOR TO: JIM WHITE, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS `^/ FROM: DAN KELLEHER, MAYOR� wY` DATE: JANUARY 5, 1990 SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENT I have recently appointed Father Peter Duggan, of Kent ' s St. Anthony' s Catholic Church, to the Human Services Commission. Father Duggan will serve as a representative of the Religious Community. Father Duggan will replace Rev. Bill Carleton, whose resignation became effective 12/31/89 . Father Duggan' s term will begin immediately and will continue until 1/1/92 . I submit this for your confirmation. DK:jb cc: Ed Chow, City Administrator Marie Jensen, City Clerk Human Service Commission Members Jim Harris, Planning Director OFFICE OF THE MAYOR TO: JIM WHITE, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR ( a DATE: JANUARY 10, 1990 JJJ SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENT I have recently appointed Peg Mazen to serve as a member of the Kent Human Services Commission. Ms. Mazen will fill the categorical classification of Regional Human Services Agency Representative; she will represent the Children' s Home Society. In 1988 and 1989 she served as President of South King Council of Human Resources and I am sure she will do a fine job on the Commission. Ms. Mazen' s term will continue until 1/1/93 . I submit this for your confirmation . DK:jb cc: Ed Chow, City Administrator Marie Jensen, City Clerk Human Service Commission Jim Harris, Planning Director OFFICE OF THE MAYOR TO: JIM WHITE, CITY COUNCIL (PPRREvS,IDfiG� FROM: DAN KELLEHER, MAYOR \ lam\��\?? ��`�( `��_ DATE: JANUARY 11, 1990 i SUBJECT: APPOINTMENT TO CIVIL SERVICE COMMISSION I have recently appointed Ron Forest as a Member of the Kent Civil Service Commission. He will replace Robb Dreblow who has resigned. Mr. Forest acts as Business Agent for the Carpenter' s District Council and he has served as President of the District Council . Although he is now a resident of Kent, he has also served as President of the Civic Club at Lake Forrest Park. Mr. Forest ' s appointment will be in effect until 4/94 . I submit this for your confirmation. DK: jb Y . Kent City Council Meeting Date January 16, 1990 Category Consent Calendar 1. SUBJECT: COUNCIL ABSENCE 2 . SUMMARY STATEMENT: Approval of Councilman White's request to have his absence from the January 16 meeting excused. He will be out of town and unable to attend. 3 . EXHIBITS: Memo from Councilman White. 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT__ NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3M �� ✓yi MEMORANDUM To: Mayor Dan Kelleher From: Jim White, City Council President Date: January 11, 1990 Subject: Request for Excused Absence from Council Meeting I will be out of town on January 16 , 1990, and will not be able to attend the City Council Meeting that evening. I respectfully request an excused absence from that meeting. JW:mj � yu L Kent City Council Meeting Date January 16 , 1990 Category Consent Calendar 1. SUBJECT: STREET VACATION - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance approving the vacation of a portion of Third Avenue, for the Centennial Building. The public hearing was concluded on July 18 , 1989 . 3 . EXHIBITS: Ordinance - Will be distributed at the meeting 4 . RECOMMENDED BY: Administration, Council (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended_ Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3N r sty G '� Kent City Council Meeting Date January 16 , 1989 Category Other Business 1. SUBJECT: 1990 SALARY INCREASES FOR NONREPRESENTED EMPLOYEES 2 . SUMMARY STATEMENT: It is recommended that the Council grant a 4% salary increase to nonrepresented employees, effective January 1, 1990, subject to further retroactive increase as may be approved by Council . 3 . EXHIBITS• 4 . RECOMMENDED BY: Administration (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO _)<_ YES _ FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to increase the 1990 salary of all nonrepresented employees by 4%, effective January 1, 1990 , subject to further retroactive salary increases as may be determined and approved by Council . DISCUSSION• ACTION• _ Council Agenda Item No. 4A A 14 &IC R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE _ E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE _ G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES December 18 , 1989 COUNCIL MEMBERS PRESENT: Christi Houser " Paul Mann STAFF PRESENT: Ed Chow (� Jim Hansen N Tony McCarthy Sandra Driscoll Barney Wilson Rod Frederiksen Alana McIalwain May Miller Jim Miller Sue Viseth Priscilla Shea Becky Fowler Teri Mertes GUESTS PRESENT: Lyle Price, Kent News Journal APPROVAL OF VOUCHERS All claims for the period ending December 15 , 1989 in the amount of $1, 743 , 421. 78 were approved for payment. PUBLIC DEFENSE CONTRACT City Attorney Driscoll informed the Committee that the Public Defense Contract expires December 31, 1989 . The City received three proposals for future services and a Committee of Law and Police department personnel reviewed the proposals . Driscoll recommended that the contract be awarded to the lowest monetary proposal made by Sampson, Wilson & Combs firm at $66 , 000 . The overall cost differential , office location of the second lowest bidder being in Seattle, requirement of 24 hour notice on double sets and costs of transition between two firms were all reasons for the recommendation. Driscoll also pointed out that the current contract is at $60 , 000 and that no firms in Kent bid on the contract. The Committee recommended the above request by a vote of 2-0 to the Consent Calendar. BLUE CROSS ADMINISTRATIVE SERVICE AGREEMENT - 1990 Personnel Analyst Viseth informed the Committee of the new Health and Welfare plan designed for City employees in- 1990 . Effective January 1, 1990 the City will be contracting with Blue Cross of Washington and Alaska to provide administrative and consulting services for the new self insured contract wihich replaces NMI and the old Blue Cross coverage for Police and Fire. Viseth informed the Committee that all City union groups approved the new plan . Viseth asked the Committee to recommend to the Consent Calendar the Administration Service Agreement for Blue Cross and for the Cobra Service Agreement between the city and Northwest Inc. , a third party administrator for Blue Cross, for 1990 . Cobra provides for employees and their families to continue group medical coverage after termination. Both agreements must be further revidwed by the City Administrator and Attorney, but need approval prior to the end of 1989 . The Committee recommended the above request to the Consent Calendar by a vote of 2-0 . WINDOW CLEANING CONTRACT RENEWAL Finance Director McCarthy explained that the current contract for window cleaning services with the Totem Window Services Co. at City Hall , Library and Senior Center ends December 31, 1989 . McCarthy recommended the City extend the contract through June 30, 1990 costing $655 quarterly. This would allow Purchasing to stagger its current 13 contracts annual expiration and make appropriate analyze and recommendations of vendors. The Committee recommended the above request to the consent calendar by a vote of 2-0 . INTERFUND LOANS Finance Director McCarthy revealed that during the most recent State Audit Examination it was noted that 2 funds in 1988 had negative year end cash balances and that results in positive funds being impacted. To avoid this the State Auditor office has requested that the Council authorize interfund loans to the following funds from the General Fund. Up to $100 , 000 to the Housing and Community Development Fund to be repaid when reimbursement payments are received from billings. The loan will be made interest free since the Federal Government cannot pay interest. Up to $100 , 000 to the Operating Projects Fund to be repaid when seized assets are sold and will be free of interest. Up to $1, 200, 000 to the Golf complex Fund to be repaid after the sale of property and will incur interest at the State Pool rate. The Committee recommended to the Consent Calendar the general ordinance allowing interfund loans and 3 specific ordinances for loans to the above funds by a vote of 2-0 . 1989 BUDGET ADJUSTMENT ORDINANCE Finance Director McCarthy said per the Auditor' s recommendation a consolidated budget adjustment ordinance should be adopted during the applicable budget year. The 1989 budget adjustment ordinance totals $10, 294 , 329 but only 3 , 366, 478 has not previously been approved by Council and there is extra revenue or fund balance to cover it. McCarthy then highlighted some of the major changes. The Environmental Fund had added expenditures associated with the Western Processing cleanup totaling $176, 335 . A Other Operating Projects fund was set up mid year at Auditor's request totaling $217 , 735 . The Other Capital Projects Fund had added expenses in connection with the Centennial Building of $425, 000 for furniture and fixtures and an added $1, 200, 000 for the Public Safety Bond issue interest. The Sewerage Fund payments to METRO were higher than the budget by $250, 000 . The Golf Course Fund hadvadditional operating and capital expenditures of $808, 782 to be covered by additional revenue and fund balances. The Central Services Fund needs approval of $50 , 000 in additional public safety bond fund interest income for the purchase of public safety computer equipment and $55 , 000 for postage, graphics and printing based on department usage. Based on an actuarial study the allocation of $90, 000 of firefighter medical insurance can go to the Fire Relief and Pension Fund in lieu of the General Fund. The Committee recommended the budget adjustment ordinance for 1989 to Other Business at the Council Meeting. ADDITIONAL ITEM Ccuncilmember Houser informed the Committee that presented at a prior meeting was the signing of a Sister City Agreement between the City of Kherson and the City of Kent which she explained needed to be submitted to Council for approval . The Committee recommended the Sister City Agreement to Council by a vote of 2-0 . PUBLIC WORKS COMMITTEE January 9 , 1990 PRESENT: JON JOHNSON GARY GILL JUDY WOODS SANDRA DRISCOLL JIM WHITE BILL WILLIAMSON DON WICKSTROM TIM HEYDON JIM HANSEN Telemetry Equipment Heydon explained the old telemetry equipment has been in storage for several years and could be of use to other water districts. He requested we surplus the equipment and advertise for bids. The Committee unanimously approved the request. Sanitary Sewer Service 42nd Avenue S . and Orillia Road Wickstrom explained this property is now in the City of Sea-Tac. The owner has requested sanitary sewer service to develop their property. Sandra Driscoll stated there are numerous issues involved, some of which are planning issues addressing the agriculture zone and environmentally sensitive zones. Other concerns are that once sewer services the area development might be encouraged which will jeopardize the current zoning. Additionally this could affect some litigation the City has concerning the ag-zone change with the Kentview properties. The City of Sea-Tac has indicated their willingness to enter into an interlocal agreement but have assured that they won't do anything until they discuss it with Kent. Wickstrom emphasize the proposed use does not correspond with what Kent would recommend. The Committee expressed approval of the Attorney' s response to the developer' s attorney. Transportation Benefit District (TBD) Resolution and Establishment of Budget Wickstrom stated that the Steering Committee of the South County TBD Committee has agreed to form a "flexible" TBD in order to be eligible for State funds from the gas ' tax if available. At this point, Auburn is reluctant to move to the stage whereby the voters are advised and bonds issued; however, are more- receptive to the flexible TBD. The agreement allows withdrawal within 90 days before advancing to the next phase. The Committee unanimously recommended authorization for the Mayor to sign the agreement and to adopt the resolution confirming Kent' s participation and establishment of the budget of approximately $46, 000 from the 1990 PUBLIC WORKS COMMITTEE JANUARY 9 , 1990 PAGE 2 CIP for this project. Metro Contract Modification Wickstrom explained that at the last legislative session Metro was authorized to assess a development charge for sewer connection service. That was a key element to their implementing a series of changes recommended by their Water Quality Committee. One recommendation was to reduce the base of the flat rate charge from 900 cf to 750 cf. Another was Seattle would clean up its overflows of the sanitary sewer system by spending $1, 000 , 000/year thereon if the suburban districts and cities would agree to a system development charge. The system development charge is $400-500 per equivalent residential connection. Metro is proposing to collect said charge on a $7/month fee over a period of years. There is also an infiltration/inflow yearly maintenance requirement. Each agency would be required to spend 2 cents/inch diameter/foot of sewer system/year for maintenance of their system. This would equate to approximately $150, 000 year to Kent. If the agencies do not spend this amount they would have to pay said sum to Metro. Wickstrom stated the change from 900 cubic feet to 750 cubic feet for residential equivalent would mean approximately a 10% reduction to our residential customers but approximately a 15% increase to our commercial accounts. Wickstrom stated this is informational at this time but in the next few months we will be making a recommendation whether to enter into the agreement. 272nd/277th Corridor Wickstrom explained he had originally placed this on the agenda to bring the Committee up to date. However, after discussion with the City Attorney, it was determined since the Council will have to rule on any possible appeal to the EIS , we should not present any information at this time. It was mentioned that Council should not attend the public meeting on January 24 either. Johnson asked if he could ask about the timing of the project. Driscoll confirmed that would be a legitimate question. In response, Wickstrom stated we anticipate completion of the EIS in June, 1990. Because we need permits from King County and Auburn, that process could take six months to complete. King County will have to adopt the EIS and approve the alignment. After that, we can begin the design. Thus, construction could start in the construction season of 1992 . White asked if annexation would speed up the process. Wickstrom explained it would simplify the permit process. White asked if Wickstrom had developed any figures for a city-wide GO bond issue for these transportation improvements . Wickstrom stated that with PUBLIC WORKS COMMITTEE JANUARY 9 , 1990 PAGE 3 the money the City has already obligated to the 272nd/277th corridor, if we implement our LID covenants there should be ample funds to complete that project. Wickstrom stated that the upper limit of a City GO bond was probably around $10, 000, 000 . Projects like the west legs of the 192nd/196th and the 224/228th corridors and the middle segment of the 192nd/196th corridor would more than fully utilize said $10 million. We would also need to implement our LID covenants for these corridors. White asked if the City could move ahead on a GO bond issue. " Wickstrom stated he was hoping the TBD would fall into place which would provide much more benefit to the City. If the City proceeds with their own GO bond issue, the TBD could not be formed as we would be approaching the same voters twice. Wickstrom added that if Auburn chooses not to be included in the TBD the boundaries could be adjusted deleting the Auburn area.