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Mayor D iie 'leher
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Judy Woods ! 'lresident
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Steve Dowell Paul Mann ,�
Leona Orr
Christi Houser e
Jon Johnson Jim White I
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CITY COUNCIL MEETING
March 19, 1991
Summary Agenda �
City of Kent. Council Chambers
Office of the City Clerk 7:00 p.m.
NOTE: An explanation of the agenda format is given on the
back of this page.
CALL TO ORDER
ROLL CALL
1. PUBLIC COMMUNICATIONS
2 . PUBLIC HEARINGS
A. Solid Waste Settlement - Ordinance
3 . CONSENT CALENDAR
A. Minutes
B. Bills
--._C. Cable °CoptrAct-'- Refranchise
D. Cable' Contract: General Management Services
—E. Possession of Marijuana - Ordinance
F. Hindering Law Enforcement - Ordinance
G. obstructing Public Officer - Ordinance
H. Liability Insurance Proof - Ordinance.
I. LID 339 - Hilltop Sanitary Sewer - Resolution
J. Kent West Corporate Park - Bill of Sale
K. Frazier Short Plat- Bill of Sale
L. Frager Road Guardrail
M. 1990 Asphalt Overlay
N. Canyon Drive Landslide
--0. Outside Sewer and Water Connections - Resolution
P. Traffic Mitigation - Resolution- -
Q. Zoning Map and Text Amendments - Downtown Plan -
Resolution
4 . OTHER BUSINESS
A. Garrison Creek II Final Plat
B. Cultural Plan/Cultural Center Feasibility Study
Consultant..Contract
C. Olympic Pipel fie Franchise L
D. Park Dedication and Plats - ordinance
E. Massage Parlor Licensing - Ordinance S
5. BIDS
A. Centennial Center Furnishings
B. Storage Tank Removal and Replacement
C. Russell Road Softball Field Lighting
6. CONTINUTED COMMUNICATIONS
7 . REPORTS
8 . EXECUTIVE SESSION, IF NECESSARY
9. 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.
Kent City Council Meeting
Date March 19. 1991
Category Public Hearings
1. SUBJECT: SOLID WASTE UTILITY SETTLEMENT
2 . SIIMMARY STATEMENT: ol public hearing)to consider terms of a
proposed settlement between the City of Kent, R.S.T. Disposal
Co. , Inc. , and Kent-Meridian Disposal Company over a lawsuit
filed by Kent forO"declaratory judgment seeking ( resolution of
the issues regarding the rights of the parties to provide
disposal services in Kent.
3 . EXHIBITS: Ordinance, settlement agreement
4. RECOMMENDED BY: City Attorney
(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:
OPEN HEARING:
PUBLIC INPUT•
CLOSE HEARING:
7 . CITY COUNCIL ACTION: '
Councilmember moves,t& Councilmember J I seconds
passage of Ordinance �qqU authorizing the City Attorney to
negotiate a settlement of pending litigation pursuant to terms
similar to the proposed settlement agreement.
DISCUSSION•
ACTION:
Council Agend
Item No. 2A
CITY OF KENT, WASHINGTON
ORDINANCE NO .
AN ORDINANCE of the City of Kent, Washington, relating to
public health, safety and general welfare, and the City' s
Solid Waste Utility; authorizing settlement of King County
Cause No. 90-2-06373-0; authorizing solid waste handling
contracts between the City and R. S . T. Disposal Co . , Inc . , a
Washington corporation, and between the City and
Kent-Meridian Disposal Company, a Washington General
Partnership; repealing Sections 6 and 7, Ordinance 2870 .
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY
ORDAIN AS FOLLOWS :
Section 1 . Recitals and Findings .
1 . 1 Section 1 , Ordinance 2870 , is incorporated herein by
this reference .
1 . 2 By Ordinance 2870 , the City of Kent ( "City" )
reestablished a system of solid waste collection and disposal
the ( "Solid Waste Utility" ) consistent with chapters 35 . 21 and
35 . 67 RCW. Ordinance 2870 mandated that garbage be collected
and hauled within the City by City-authorized persons operating
under a contract with, or under the direction of, the City.
1 . 3 To resolve the issues of City authority over management
of solid waste handling services , the City instituted a
declaratory judgment action ( "Action" ) in King County Cause
No . 90-2-06373-9 . The defendants to the Action were the solid
waste collection companies doing business within the City:
1 .3. 1 R. S .T. DISPOSAL COMPANY, INC. , a Washington
corporation, doing business as Tri-Star Disposal; and
1 .3 . 2 KENT-MERIDIAN DISPOSAL COMPANY, a Washington
general partnership, whose partners are Fiorito Enterprises,
Inc . , a Washington corporation; and the Rabanco Companies , a
Washington general partnership and Rabanco Ltd. , a Washington
corporation, its managing partner , doing business as Kent
Disposal .
1 . 4 The City, Tri-Star Disposal , and Kent Disposal have
determined to settle the Action, providing in part for :
1 .4 . 1 The Recognition of City authority, through its
Solid Waste Utility, over solid waste handling within the City;
and
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1 . 4 . 2 Contracts , for a period of ten ( 10) years
between the City and Tri-Star Disposal and the City and Kent
Disposal for solid waste collection services within the City.
Section 2 . Settlement Authorized. The City Attorney, and
special assistants to the City Attorney, are authorized to
settle the Action consistent with the terms set forth or
incorporated by reference herein.
Section 3 . Settlement Agreement Authorized. The Mayor , for
and on behalf of the City, is authorized to execute a settlement
Agreement , substantially in the form attached hereto Exhibit 1
and incorporated herein by this reference .
Section 4 . Solid Waste Handling Contracts Authorized. The
Mayor , for and on behalf of the City, is authorized to execute
solid waste handling contracts , substantially in the form
maintained in City Clerk File No . and incorporated herein
by this reference.
Section 5 . Repealer . Sections 6 and 7, Ordinance 2870 are
hereby repealed upon the effective date of the contracts
authorized in Section 4 of this ordinance .
Section 6 . Ratification. Any act consistent with the
authority and prior to the effective date of this Ordinance is
hereby ratified and confirmed.
Section 7 . Effective Date . This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
DAN KELLEHER, MAYOR
ATTEST :
MARIE JENSEN, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
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PASSED the day of March, 1991 .
APPROVED the day of March, 1991 .
PUBLISHED the day of March, 1991 .
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
PSO-459
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CITY OF KENT, WASHINGTON
ORDINANCE NO. C=o
AN ORDINANCE of the City of Kent, Washington, relating
to public health, safety and. general welfare; establishing a
system of solid waste collection and disposal for the entire
city; providing for solid waste collection and disposal
under direction of the city; amending Kent City Code
sections KCC 7.08.010, KCC 7.08.020, and KCC 7.08.200;
repealing Kent City Code section KCC 7.02.200; authorizing
contracts for solid waste collection; declaring an emergency
therefor.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
sec ion 1. Recitals and Findings.
1.1 The State Constitution authorizes the City to enact
ordinances in furtherance of the public health, safety, morals
and general welfare. The constitutional grant of authority is a
direct delegation of police power as extensive as is possessed
by the state legislature. ' For eighty years the courts of the .
State have recognized that city ordinances conferring the
exclusive right to collect garbage and refuse ("solid waste")
upon a city department or contractor are clearly within the
police power.
1.2 The broad grant of authority contained in the State
Constitution is carried forward to cities by state statute.
RCW 35.21.120 provides that every city or town may by ordinance
provide for the establishment of a system of solid waste
collection and disposal for the entire city or town or portions
thereof, and award contracts for solid waste collection and
disposal or provide for collection and disposal under the
direction of officials and employees of the city or town.
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1.3 The City of Kent ("City") has maintained and operated a
system of sewerage pursuant to Chapt%r 35.67 RCW, consisting of
a sanitary sewage collection and disposal system, a storm and
surface water utility, and a system and plant for garbage and
refuse collection and disposal.
1.4 In 1986, the City was faced with a crisis in solid
waste management, and potential pollution of its neighborhoods
and environment from the City of Seattle ("Seattle") Midway and
Kent Highlands landfills. The City sought to divert solid waste
from the Kent Highlands landfill to the King County Cedar Hills
landfill. The efforts of the City were delayed by protracted
negotiations between Seattle and King County. Faced with the
closure of the Kent Highlands landfill and no site for disposal
of City solid waste, the City determined to provide for the
public health, safety and general welfare of the City by
terminating its system and plant for garbage and refuse
collection and disposal ("solid waste system") .
1.5 The termination of the City solid waste system was
premised on the availability of a company to begin immediately
the collection of solid waste, .and disposal of solid waste at
other than Kent Highlands landfill. The Rabanco Companies, a
Washington general partnership, d/b/a Kent Disposal Company
("Kent Disposal") , and other collection companies represented
their availability to serve areas of the City based on previous
authority granted by the Washington Utilities and Transportation
Commission ("WUTC") .
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1.6 In October 1986, the City removed the solid waste
system from the City of Kent system of sewerage.
(Ordinance 2665) . The City also adopted Kent City Code ("KCC")
7.02.200 providing for discontinuance of the solid waste utility
effective January 1, 1987. (Ordinance 2671, § 1) . The City
reserved specifically the right to reestablish the solid waste
utility, and provided that no vested rights were created by the
City's action. (Ordinance 2671, §§ 2 and 3) .
1.7 In December 1986, Chapter 7.08 KCC was amended to
authorize solid waste collection by collection companies as
authorized by the WUTC pursuant to Chapter 81.77 RCW. Again,
the City reserved the right to reestablish its solid waste
system and provided that no vested rights were created by its
action. (Ordinance 2689, § 2 and 3) . Ordinance 2689 and
Chapter 7.08 KCC established certain minimum local public
health, safety and welfare regulation of collection company
operations within the City, including Fall and Spring cleanups,
Christmas tree pickup, solid waste collection at public parks
and facilities, and senior citizen rates.
1.8 Collection companies were clearly aware of the City's
continuing right to exercise its police power and reestablish
its solid waste system, and that termination of the system
established no rights in collection companies to continuing
operation within the City.
1.9 Following January 1, 1987, Kent Disposal has provided
approximately 96 percent of residential solid waste collection
and approximately 50 percent of commercial and other solid waste
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collection in the City. RST Disposal Company, Inc. , a
Washington corporation d/b/a Tri-Star ,Disposal ("Tri-Star") , has
provided approximately 4 percent of residential solid waste
collection and approximately 50 percent of commercial and other
solid waste collection in the City.
1.10 The WUTC has considered the applications of Kent
Disposal and Tri-Star to serve as solid waste collection
companies within the City of Kent. On September 27, 1988 the
WUTC was advised of the policy and position of the City of Kent,
that both commercial and residential customers within the City
would suffer if they lost the services of either company. The
overlap of service and the competition created thereby has been
extremely beneficial to the City of Kent and all of its
residents. The loss of either service, therefore, would be
detrimental. The WUTC was urged to preserve the status quo by
permitting both companies to operate throughout the City.
1.11 On October 31, 1988, the City and Kent Disposal entered
into a WASTE REDUCTION AND COLLECTION OF SOURCE SEPARATED
RECYCLABLE MATERIALS CONTRACT, providing an extensive program
throughout the City for waste reduction, and collection and
distribution of recyclable materials.
1.12 By Order M.V.G. No. 1402 (July 28, 19B9) the WUTC has
granted the application of Tri-Star to serve all of the City,
and has denied the application of Kent Disposal to serve other
than a limited area of the City. In its Order the WUTC has, in
part, criticized collection company compliance with City
Ordinance 2689 and has challenged the authority for or
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enforceability of local regulation by the City of solid waste
collection. The WUTC has further determined not to consider the
position of the City regarding solid waste collection service,
or that the position of the City would affect its decision.
1.13 In Chapter 431, Laws of 1989, and RCW 70.95.010, the
State finds specifically that it is the responsibility of county
and city governments to assume primary responsibility for solid
waste management and to develop and implement aggressive and
effective waste reduction and source separation strategies.
Chapter 431, Laws of 1989, and Chapter 81.77 RCW continues to
provide that the WUTC regulation of solid waste collection
companies shall not apply to the operations of any solid waste
collection company under a contract of solid waste disposal with
the City, nor to the City's undertaking of solid waste disposal.
1.14 The implementation of the WUTC order would cause great.
disruption to the safe, effective and sanitary provision of
solid waste handling within the City of Kent, and impair the
current and continuing efforts of the City toward waste
reduction, source separation and recycling.
1.15 By this Ordinance the City reestablishes a system of
solid waste collection and disposal, consistent with
RCW 35.21.120 and Chapter 35.67 RCW. Kent Disposal and Tri-Star
are authorized, under temporary, non-exclusive, non-franchise
authority granted by this Ordinance, to continue existing
service at current rates throughout the City of Kent.
Section 2. KCC 7.02.200 be and the same is hereby repealed.
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Section 3. KCC 7.08.010 is amended as follows:
2,08.010. DEFINITIONS. As used, in this Chapter, the
following definitions apply:
A. "Collection company" means the persons, firms or
corporations or combination thereof ((eeEbi- i•ed by the
Washingben Utilities A Transportation cnmmirrion purc„ani: to - - -
81.;17 RG;-; te engage in the hl-AinorF; -Of operating as bath
) ) 9-"rating under _,a
ujiLrart of 5QJid waste disposal with or under the direction
of, the City, including an authorized contractor for the _
collection of recyclable materials under this Chapter.
B. "Detachable container" means any garbage container
compatible with the collection company's equipment that is not a
garbage can, garbage unit, or mobile toter.
C. "Director" means the Director of the Public Works
Department.
D. "Garbage" means all accumulations of refuse,
swill, and other waste matter not intended for recycling or
reuse and discharged as of no further value to the owner.
1. "Refuse" means ,waste matter discarded as of
no further value, including ashes, cinders, clinkers, lawn
cuttings, grass and leaves, broken up household furnishings and
equipment, discarded hot water tanks, bottles, barrels, cartons,
shrubs, small trees, small tree limbs, paper and scraps of
wooden crates and boxes; but shall exclude large trees, earth,
sand, gravel, rock, broken concrete, plaster, brick and other
i
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building materials, automobile bodies, large auto parts,
building waste, fire refuse and waste,.
2. "Swill" means all accumulations of animal,
fruit, or vegetable , matter, liquid or otherwise, that attends
the preparation, use, dealing in or storing of meat, fish, fowl,
fruit, and vegetables.
3. The term "garbage" excludes recyclable
materials intended for recycling under this Chapter, manure,
sewage, dead animals over fifteen pounds, and cleanings from
public and private catch basins, wash racks or sumps.
Collection and disposal of matter excluded from the term
"garbage" shall be as otherwise provided by law.
E. "Garbage can" means a watertight, galvanized,
sheet metal, raised-bottom container or suitable plastic
container not exceeding four cubic feet or thirty-two gallons in
capacity, weighing not over twenty-two pounds when empty, fitted
with two study handles, one on each side, and a tight cover
equipped with a handle.
F. "Garbage units" mean secure and tight bundles,
none of which shall exceed three feet in the longest dimension
and shall not exceed seventy-five pounds in weight. Garbage
units may also mean small discarded boxes, barrels or bags, or
in securely tight cartons or other receptacles not intended for
recycling under this Chapter and able to be reasonably handled
and loaded by one person onto a collection vehicle.
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G. "Mobile toter" means a movable container which
holds at least eighty-five gallons or, one hundred eighty pounds
of garbage, with a hinged-lid with a tight fit, thick skinned
one-piece balanced weight body which sets on tires, which will
be picked up at curbside with hydraulic dumpster.
H. "Person" means every person, firm, partnership,
business, association, institution, or corporation in the City
of Kent accumulating garbage requiring disposal or generating,
accumulating, and collecting recyclable materials. The term
shall also mean the occupant and/or the owner of any premises
for which service herein mentioned is rendered.
I. "Recycle container" means designated 90 gallon
mobile toters in which recyclable materials can be stored and
later placed at curbside, alleyside, or other location
designated by the Director or collection company with the
concurrence of the Director. This term also includes but is not
limited to designated commercial drop boxes and compactors at
locations as may be specified by the Director.
J. "Recyclable materials" means waste materials
generated in the City of Kent capable of reuse from a waste
stream as designated by the Director, including but not limited
to sorted or unsorted newsprint, glass, aluminum, ferrous and
non-ferrous cans, plastic materials, mixed paper, and cardboard
accumulated and intended for recycling or reuse and collection
by a collection company or authorized contractor. This term
excludes all dangerous wastes and hazardous wastes defined in
_g_
RCW 70.105 and 70.105A, and solid wastes intended for disposal
in a landfill, incinerator, or solid ,waste disposal facility.
under WAC 173-304. All recyclable materials intended for
collection by a City authorized collection company or contractor
shall remain the responsibility and ownership of participants
until such materials as contained in designated recycle
containers are placed out for collection for the authorized
contractor. Such materials then become the responsibility and
property of the collection company or authorized contractor
subject to the right of the participant to claim lost property
of value.
K. "Solid Waste" shall be as defined by RCW 70,25,030
and WAC 173-304-100(73) , and includes refuse with the exception
of sludge from waste water treatment plants and septage, from
septic tanks, extremely hazardous waste, hazardous waste,
dangerous waste, and problem wastes as defined in WAC 173-303
and 173-204, and RCW 70.105 and 70.105A.
((L. *; U T means the Washingten Utilities and_
Section 4 . KCC 7.08.020 is amended as follows:
7,08,020. GARBAGE CQLLECTION By COLLECTION COMPANY.
A. Garbage collections shall be made by garbage and
refuse collection companies as authorized by the ((Was ringten
}lt}lit:i-er And TFdnSp9^tdt10^ CQmmiccinn P re,IAni fn
1
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B. It shall be unlawful for any person, other than
those duly authorized by the ((4UT-4;)) City to haul garbage
through the streets of the City or to dump garbage; provided,
that those commercial and industrial business establishments
having permits to haul their own garbage and refuse may continue
to haul such garbage by annual permit. Renewal permits shall be
issued by the City Clerk upon application and payment of the
annual permit fee. The annual permit fee shall be:
Permit holders hauling less than one hundred fifty tons
of garbage per month, one hundred dollars;
Permit holders hauling greater than one hundred fifty
tons of garbage per month, seven thousand five hundred dollars.
Any permit holder, as provided for in this subsection,
shall haul his garbage at least once a week for public health
reasons.
C. This section does not apply to the occasional
hauling by residential customers of refuse to an approved site;
provided, the minimum level of garbage is paid for by the
residential customer.
D. Garbage and Refuse Collection - Business License
Required. To provide for the public health, safety and general
welfare, collection companies operating within the City shall,
((t- �-h ••t__t permitted by !aw)) at no additional cost to the
City or its residents:
1. Comply with all provisions of this Kent City
Code and Amendments thereof, and applicable federal, state and
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county laws and regulations pertaining to the collection,
handling, transportation and disposal of garbage. The City
shall be entitled, during regular business hours, to inspect the
books and records of collection companies operating within the
City of Kent.
2. Pick up Christmas trees each January.
3. Provide for a semiannual residential cleanup
in the Spring and Fall of each year to allow for disposal of
accumulated garbage. The Director of Public Works shall
promulgate administrative rules, following consultation with
collection companies, for the implementation of this subsection.
4 . Provide service to public buildings and
facilities, as
designated by the Director. Upon consultation with collection
companies, the Director of Public Works may add or delete public
facilities from said Attachment A in the interests of public
health and safety.
E. Collection companies operating pursuant to and in
compliance with this Chapter shall be issued, upon application,
a business license pursuant to Chapter 5.02 KCC, without the
payment of license fees, permit fees as provided in
subsection 7.08.020B, above, or other fees related to solid
waste handling established by the City; PROVIDED, however, that
this subsection 7.08.020E shall not be construed as a waiver of
the utility tax imposed by Chapter 3.04 KCC.
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Section 5. KCC 7.08.200 is amended to read as follows:
7.08.200. KING COUNTY SYSTEM DESjGNATED.
A. All solid waste generated within the corporate
limits of the City of Kent shall be disposed at a King County
Solid Waste Disposal Facility.
B. King County is authorized to designate disposal
sites for the disposal of all solid waste generated within the
City of Kent.
C. No solid waste may be diverted from the disposal
sites designated by King County without King County approval.
D. The provisions of this Section 7.08.200 shall not
apply, and shall not affect, the disposal of solid waste which
is eliminated through waste reduction or waste recycling
activities which have been coordinated with King County pursuant
to the AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT
CONCERNING USE OF KING COUNTY SOLID WASTE DISPOSAL FACILITIES.
E. King County regulations or ordinances regarding
levels and types of service for any aspect of solid wasU
handling shall not angty within the limits of the City except as
provided in this Chapter.
Section 6. Current Seryiceand Rates Maintained.
Collection companies operating within the City prior to
August 22, 1989 shall have the right to continue to operate in
the City, (a) until such time as the City gives ninety (90) days
notice of cancellation of this continued right to operate within
the City, or (b) under contract with the City for a term
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specified in such a contract. Collection companies providing
solid waste collection and handling Services within the City of
Kent shall be subject to and under the direction of the Director
of Public Works, and rates shall not be charged in excess of
rates in effect on August 22, 1989 until otherwise approved by
the City.
Section 7. Contracts Authorized. Contracts, substantially
in the form attached hereto, are hereby authorized to be
executed by the Mayor for and on behalf of the City.
Section 8. Any act consistent with the authority and prior
to the effective date of this Ordinance is hereby ratified and
confirmed.
Section 9. Declaration of Emergency - Effective Date. In
accordance with RCW 35A.11:090, this Ordinance is necessary for
the immediate preservation of public peace, health, and safety
and for the support of City government and its existing public
institutions, and by reason of the facts above stated and the
emergency which is hereby declared to exist, this Ordinance
shall become effective immediately upon the approval or signing
of the same by the Mayor or passage over his veto, as provided
by law.
DAN KELLEHER, Mayor
ATTEST:
1�1-.
BiCENliA JACUBL'R D 'PUTY CITY CLEP.K
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CONSENT CALENDAR
3 . City Council Action:
Councilmember (A) moves, Councilmember
seconds that Consent Calendar Items A through Q be approv
��,
� � A r
Discussion ,�—
Action
Y '
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
NNI March 5, 1991.
3B. Approval of Bills.
Approval of payment of the bills received through March 15, 1991
after auditing by the Operations Committee at its meeting at
4:45 p.m. on March 26, 1991.
Approval of checks issued for vouchers:
Date Check Numbers Amount
Approval of checks issued for payroll:
Date Check Numbers Amount
Council Agend ✓
Item No. 3 A-B
Kent, Washington
March 5, 1991
Regular meeting of the Kent City Council was called to order at
7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell,
Houser, Johnson, Mann, Orr, White and Woods, City Administrator
Chow, City Attorney Lubovich, Planning Director Harris, City En-
gineer Gill, Fire Chief Angelo, Police Captain Chuck Miller, Fi-
nance Director McCarthy, Information Services Director Spang, As-
sistant City Administrator Hansen, Personnel Director Olson and
Acting City Clerk Jacober. Public Works Director Wickstrom and
Parks Director Wilson were not in attendance. Approximately 80
people were at the meeting.
FLAG SALUTE Members of Boy Scout Troops 405 and 413 led the
audience in the Pledge of Allegiance.
PUBLIC Employee of the Month. Mayor Kelleher announced
COMMUNICATIONS that Laurie Murray of the Finance Department has
been selected as the Employee of the Month for
March. He noted that Ms. Murray is praised by her
peers and co-workers for her excellent work per-
formance and positive attitude, and that she per-
forms her job with speed, accuracy and a wonder-
fully supportive attitude. Finance Director
McCarthy pointed out that Ms. Murray worked many
hours to implement the new Payroll/Personnel Man-
agement System, and has mastered the complex com-
puter system in a short time. He commended her
for her fine work and offered congratulations.
CONSENT WOODS MOVED that Consent Calendar Items A through
CALENDAR P be approved. Orr seconded and the motion car-
ried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. Approval of the minutes of
the regular Council meeting of February 19, 1991.
WATER (CONSENT CALENDAR - ITEM 3K)
Fencing of Kent Water Sources. AUTHORIZATION to
transfer $290, 000 from the Water Operating Fund to
the fencing of Kent' s water sources project, as
recommended by the Public Works Committee and IBC.
(CONSENT CALENDAR - ITEM 3L)
Scenic Hill Elementary School Master Meter. AU-
THORIZATION for Scenic Hill Elementary School to
use their existing three-inch water meter as a
master meter to service an existing building plus
1
March 5, 1991
WATER classroom addition, as recommended by the Public
Works Committee.
SEWERS (CONSENT CALENDAR - ITEM 3E)
LID 338 Westview Terrace/McCanns Westview Sanitary
Sewer. ADOPTION of Resolution 1272 setting April
2 as the date for a public hearing on the forma-
tion of LID 338 .
STREETS (CONSENT CALENDAR - ITEM 3I)
LID 336 East Valley Highway Improvements. ADOP-
TION of Resolution 1273 setting April 2 as the
date for a public hearing on the formation of LID
336.
(CONSENT CALENDAR - ITEM 3J)
LID 336 —East Valley Highway Improvements. ADOP-
TION of Ordinance 2966 authorizing condemnation
for rights-of-way required to proceed with con-
struction 'LID 336, as recommended to the Public
Works Committee.
(CONSENT CALENDAR - ITEM 3N)
LID 335 - 77th Avenue Street Improvements. ADOP-
TION of Ordinance 2967 authorizing condemnation
for rights-of-way required to proceed with con-
struction of LID 335, as recommended to the Pub-
lic Works Committee.
(CONSENT CALENDAR - ITEM 30)
104th Avenue S.E. and S.E. 256th Street Improve-
ments. ADOPTION of Ordinance 2968 authorizing
condemnation for rights-of-way required to pro-
ceed with construction of intersection improve-
ments at 104th Avenue S.E. and S.E. 256th, as rec-
ommended to the Public Works Committee.
(CONSENT CALENDAR - ITEM 3P)
South 228th Street Improvement. ADOPTION of Ordi-
nance 2969 authorizing condemnation for rights-of-
way required to proceed with construction of
street improvements on South 228th Street, as rec-
ommended to the Public Works Committee.
STREET (PUBLIC HEARINGS - ITEM 2A)
VACATION Pacific Ventures Street Vacation STV-90-5. This
is a continuation of a public hearing held Febru-
ary 5, 1991 on an application made by Pacific Ven-
2
March 5, 1991
STREET tures Inc. to vacate a portion of South 212th
VACATION Street (STV-90-5) as mentioned in Resolution 1264.
This is located at the 8700 block of South 212th
Street.
Planning Director Harris noted that originally
staff had recommended approval if the City re-
ceived an easement for ingress and egress, but
that the City Attorney has advised against that.
He said that staff, therefore, recommends denial
of the vacation. He pointed out for White that
the Bowen Business Center does have other access
points.
The Mayor declared the public hearing open. John
Hendrickson, Suite 1700, Security Pacific Plaza,
Bellevue, Wa. , Attorney for Pacific Ventures,
noted that they had not received notice of the
Bowen street vacation which was approved in 1987
by ordinance 2694, a copy of which he distributed
to the Council. He noted that there have been
problems with parking and trespassing by tenants
and visitors to the Bowen Center, and requested
that the Council grant the vacation. He submit-
ted a letter containing proposed language for the
Council to consider, which reserves the utility
right easements. He noted that the City presently
owns the property and is, therefore, in a liabili-
ty position as to damage, vandalism and trespass.
Milton Lem of the Transpo Group, 14715 Bel Red
Road, Suite 500, Bellevue, stated that they were
retained by Pacific Ventures to study the situa-
tion and that they found that the two major items
occurring at the driveway were trespassing on the
Pacific Ventures site and overflow parking by pa-
trons of the Bowen Center because of inadequate
parking on the Bowen site. He noted that closing
the access would eliminate trespassing and dis-
courage use of Pacific Ventures parking. Hen-
drickson clarified that they are not proposing to
close the access between the two properties ,but to
vacate the right-of-way. He submitted copies of a
letter from the Kent Fire Department which stated
that fire access would not be significantly af-
fected by closure of the access between the two
properties.
3
March 51 1991
STREET Lauraso t, Suite 300, MGM Building, Bellevue,
VACATION Attorney for Bowen Business Center, noted that Pa-
cific Ventures erected a fence last June across
the exit in an attempt to shut off the access, and
that the fence was removed by court action. Hunt
noted that there is pending civil litigation be-
tween Pacific Ventures and Bowen Business Center
which was commenced to deal with trespassing and
nuisance. Hunt noted that Pacific Ventures had
been contacted prior to the vacation and asked to
join in, but they refused. Hunt distributed to
the Council copies of the ordinance granting the
Bowen vacation. He noted that the trespass de-
pends on how wide a swing a driver makes to exit,
but that it was constructed that way by Bowen Bus-
iness Center at the request of the City of Kent.
He stated that there is no evidence that this exit
is dangerous, and urged the Council to deny the
vacation. Hendrickson noted for Dowell that the
property owner purchased the Pacific Ventures site
in 1973 , and upon Johnson' s question, noted that
this would give them control over their property.
Harris said that although his memo of 1/29/91 rec-
ommends approval with conditions, the legal de-
partment. has done further research and advises a-
gainst approval .
Orr questioned whether the City would be required
to reimburse Bowen Business Center for improve-
ments they had made. Hendrickson noted that Paci-
fic Ventures had made improvements which were sub-
sequently removed. He also noted that Transpo' s
study had indicated that there would be no safety,
fire or traffic hazards and that the other acces-
ses are safe. Hunt replied that if the access
were shut down, traffic would be moved to the
other locations.
Rodney Hanson, 95 Kirkland Avenue, Kirkland, Pres-
ident of Bowen Business Center, distributed copies
of a letter to the City' s Property Manager dated
November 21, 1990, objecting to the vacation. He
also distributed photos of the access when it was
blocked off. He read a letter to Planning Direc-
tor Harris dated December 11, 1990, which stated
that they do not feel the City should vacate the
property to Pacific Ventures exclusively. WHITE
4
March 5, 1991
STREET MOVED to make all correspondence received on this
VACATION issue a part of the record. Woods seconded and
the motion carried. Hanson pointed out that it
was the City's recommendation to have a second
exit on 212th. MANN MOVED to close the public
hearing. Woods seconded and the motion carried.
WHITE MOVED to approve the Planning Department' s
recommendation of approval with 3 conditions, de-
leting line 3 of condition 3 which would read"re-
tain easement rights over, upon and under the area
proposed for vacation for utility and including
the right to grant said rights to others", and to
vacate the portion of S. 212th Street and direct
the City Attorney to prepare the necessary ordi-
nance upon receipt of compensation. Johnson sec-
onded. City Attorney Lubovich pointed out that
this is an old recommendation. White said he
would like to grant this vacation and allow the
parties to pursue their legal claims in a court of
law. He said he was almost hit in that driveway
and is concerned about the safety of the crossing.
He said the vacation should be granted and the
City should retain utility rights. Harris again
explained that he has changed the recommendation
to denial. The Mayor pointed out that the staff
recommendation upon which White' s motion is pat-
terned is no longer an operative staff recommenda-
tion.
Dowell noted that the Planning staff has recom-
mended denial, and that granting the vacation may
give an unfair advantage to one party. Orr con-
curred. Houser pointed out that there is also a
safety factor to consider. Woods noted that the
City made a commitment to work with Bowen Business
Center in best interest of the City at the time
and to turn that decision back is not appropriate.
White' s motion then failed with only Johnson and
White in favor. WOODS MOVED to accept the Plan-
ning Department's recommendation of disapproval on
the Pacific Ventures Street Vacation STV-90-5.
Houser seconded. White asked that when staff s
recommendation is changed in the future, it be in-
cluded in the packets. The motion carried with
White opposed.
5
March 5, 1991
TRAFFIC (CONSENT CALENDAR - ITEM 3M)
CONTROL SR 516 and SR 167 Sicmal Modifications. ACCEP-
TANCE as complete of the contract with Signal
Electric for construction of the SR 516 and SR 167
signal modifications and release of retainage af-
ter receipt of State releases.
S . 252ND (OTHER BUSINESS - ITEM 4D)
RIGHT-OF-WAY (ADDED ITEM)
S. 252nd Right-of-Way. Bob Brown, 2911 S. 252nd,
noted that Police have recently been ticketing
cars parked on the right-of-way between 252nd and
the Midway Landfill. He noted that residents of
the area have been parking in this location for
many years, and said he feels there should have
been warning before the tickets were issued.
Brown also discussed landscaping of the right-of-
way. He pointed out that the City of Seattle has
worked with the residents of the area on a land-
scaping plan, but that their plans have been re-
jected by the City of Kent. He was told that the
City has an ordinance which prohibits cutting of
trees over 14 ' high in a right-of-way. He asked
that the Council direct the Planning Staff to let
Seattle proceed with the preferred landscaping
plan. The Mayor suggested referring the parking
issue to the Public Safety Committee and the land-
scaping policy to the Planning Committee for a
recommendation to the Council . It was agreed that
the Planning Committee would set up a special
meeting to discuss this item. George Wiaainton,
S. 252nd, . stated that the cottonwoods should be
taken down. Donald Barnes, 2907 S. 244th, con-
curred. Craig Beraham, 2933 S. 252nd, noted that
the trees are dangerous because their roots have
been cut off. JOHNSON MOVED that the Planning
Director be authorized and directed to make a de-
termination as to whether the trees can be removed
and whether the preferred landscaping plan can be
implemented, and that the plan be implemented if
there are no legal problems. White seconded and
the motion carried. It was then clarified that
the special meeting of the Planning Committee is
no longer necessary. Jim Holloway, 25213-29th
Avenue S . , pointed out that the parking tickets
need to be paid within 15 days, and urged the
Council to act soon. Mann confirmed that he will
schedule a meeting as soon as possible.
6
March 5, 1991
ANNEXATION (OTHER BUSINESS - ITEM 4E)
(ADDED ITEM)
East Hill Annexation. John Kieffer, 11048 S.E.
274th, noted that he has received a Notice of In-
tention to Commence Annexation Proceedings from
the Public Works Department and asked for an ex-
planation. City Engineer Gill explained that the
Legal Department has recommended that new forms
containing a general geographic boundary be filled
out, since the previous forms did not include any
boundaries. He noted that it is a standard agree-
ment and that anyone who requests utility service
is asked to sign it. City Attorney Lubovich clar-
ified that there is not currently an annexation
process under way. Harris, Gill and Lubovich a-
greed to meet with Mr. Kieffer to answer his ques-
tions.
PRELIMINARY (OTHER BUSINESS - ITEM 4A)
SUBDIVISION Walnut Ridge Preliminary Subdivision No. SU-90-5.
This meeting will consider the Hearing Examiner' s
recommendation of conditional approval of an ap-
plication by Douglas W. Graef and William Curran,
Sr. for a 12-lot single-family residential prelim-
inary subdivision. The property is located south
and west of 9631 So. 242nd Street, Kent, Washing-
ton. There were no comments from the audience.
JOHNSON MOVED to accept the findings of the Hear-
ing Examiner; to adopt the Hearing Examiner's rec-
ommendation of approval with 17 conditions of the
Walnut Ridge No. SU-90-5, 12-lot single-family
residential preliminary subdivison. White second-
ed and the motion carried.
FINAL PLAT (CONSENT CALENDAR-- ITEM 3H)
Garrison Creek II Final Plat No. SU-90-1. AUTHOR-
IZATION to set March 19, 1991 for a public meeting
to consider Garrison Creek II Final Plat map. The
property is approximately 4 . 6 acres in size and is
located on the south side of So. 218th Street at
95th Place South.
DEPT. OF (CONSENT CALENDAR - ITEM 3G)
ECOLOGY Wetlands Education Grant. AUTHORIZATION to accept
an $8 , 000 grant from Washington State Department
of Ecology with a $1, 200 match from the City, as
recommended by the Planning Committee. This
7
March 5, 1991
DEPT. OF $1,200 has no additional City funds required, as
ECOLOGY it is part of the existing 1991 Planning Depart-
ment Budget.
PLANNING (CONSENT CALENDAR - ITEM 3D)
COMMISSION Planning Commission. CONFIRMATION of the Mayor' s
APPOINTMENT appointment of Edward Heineman, Jr. to the Kent
Planning Commission replacing Colleen Miller,
whose term has expired.
LIBRARY (CONSENT CALENDAR - ITEM 3F)
BOARD APPT. Library Board of Directors. CONFIRMATION of the
Mayor's appointment of Carlita Dreblow to Kent Li-
brary Board of Directors replacing Laurel White-
hurst who resigned.
CITY SHOPS (BIDS - ITEM 5A)
Automated Security Gate. Bid opening was held
February 15 with two. bids received. The low bid
was submitted by Automated Equipment in the amount
of $18, 224 . 13 for Option A as outlined in the bid
documents. Staff recommends that this bid be ac-
cepted.
WHITE MOVED that the bid submitted by Automated
Equipment in the amount of $18 , 224 . 13 for Option A
of automated security gate be accepted. Woods
seconded and the motion carried.
POLICE (CONSENT CALENDAR - ITEM 3C)
King County Interlocal Animal Control Services
Contract. AUTHORIZATION of a new contract with
King County Animal Control to be the enforcement
agency within the City of Kent for animal control
violations Code 9 . 16.
PARKS & (OTHER BUSINESS - ITEM 4B)
RECREATION King County Hotel/Motel Cultural Fund Grant Con-
tract. The Parks Department requests acceptance
of $15, 000 King County Hotel/Motel Cultural Fund
Grant Contract for City of Kent Performing Arts
Center Task Force's cultural plan and cultural
center feasibility study project.
DOWELL MOVED for the acceptance of the $15, 000
King County Hotel/Motel Cultural Fund Grant Con-
tract. Mann seconded and the motion carried.
8
March 5, 1991
FINANCE (CONSENT CALENDAR - 3B)
Approval of Bills. Approval of payment of the
bills received through February 28, 1991 after
auditing by the Operations Committee at its meet-
ing at 4: 45 p.m. on March 12, 1991.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/19-2/27/91 101985-102020 $ 478 , 089 . 85
2/28/91 102021-102540 593 , 366 .70
$1, 071, 456. 55
Approval of checks issued for payroll:
Date Check Numbers Amount
3/5/91 1151374-1152069 $ 591, 524 . 63
(OTHER BUSINESS - ITEM 4C)
CLID 331/335 Bond Ordinance and Purchase Contract.
Finance Staff requests adoption of Bond Ordinance
2965 and authorization for the Mayor to sign a
purchase contract in the amount of $1, 543 ,980. 17
for CLID 331/335 bonds. These bond proceeds will
be used for the widening and improvement of SE
240th Street from 108th Avenue S.E. to 116th Ave-
nue S.E. and improvements of 77th Avenue South
from 212th to South 202nd and South 206th to the
77th Avenue South to the west end of the railroad
tracks including water and sewer improvements.
The final assessment rolls for these LIDs have
been adopted and the 30-day pre-payment period has
elapsed. The purchase contract with Lehman Bro-
thers is at a net interest cost of 6. 73 percent
and has a gross underwriting spread of $19 per
thousand dollar bond. This results in an average
coupon of 6. 38 percent and an assessment to pro-
perty owners of 6. 88 percent.
Finance Director McCarthy noted that market condi-
tions have changed and that the rates are now
slightly higher: a net interest cost of 6. 78%, an
average coupon rate of 6 . 43%, and an assessment to
property owners of 6 . 93% . He recommended accep-
tance of these rates. HOUSER MOVED for the adop-
tion of Bond Ordinance 2965 with authorization for
9
March 5, 1991
FINANCE the Mayor to sign the purchase contract with
Lehman Brothers. Woods seconded and the motion
carried.
REPORTS Council President. Woods reported that the Subur-
ban Cities meeting will be held on March 20 and
asked Councilmembers to make dinner reservations
through Administration.
Public Works Committee. White noted that he has
asked the Public Works staff to arrange a presen-
tation by the Robbins Company in regard to tunnel
technology as an option on East and West Hills.
Planning Committee. Johnson noted that the Plan-
ning Committee has asked that Council discuss wa-
ter and sewer extensions outside the city limits
at the next Council meeting, as well as traffic
mitigation for new plats in the county.
EXECUTIVE At 9 : 00 p.m. , the Mayor announced an executive
SESSION session of approximately 20 minutes to discuss
solid waste litigation. Dowell recommended that
executive sessions be held only in emergency situ-
ations. Johnson suggested polling Councilmembers
in advance, and Mann noted that all executive ses-
sions he has attended have been necessary. The
executive session then began.
The meeting reconvened at 9 : 30 p.m. HOUSER MOVED
to approve the preliminary settlement with Kent
Disposal and Tri Star Disposal in principle and to
schedule a public hearing at the next regular
Council meeting to receive public input on the
proposed settlement, and to direct the City Attor-
ney and Special Counsel to prepare the necessary
documents affecting the proposed settlement. Mann
seconded and the motion carried.
ADJOURNMENT The meeting then adjourned.
Brenda Jacober, CMC
Acting City Cl, rk
10
MCC.4RTHY,TONY / KENT70/FN - HPDesk print.
-----------------------------------------
S,-'nject: CABLE TV FRANCHISE RENEWAL CONTRACT - FISCAL NOTE
C _-ator: Tony MCCARTHY / KENT70/FN Dated: 03/19/91 at 1217 .
THE PERSONNEL DEPARTMENT, WITH THE CONCURRANCE OF THE OPERATIONS COMMITTEE,
IS REQUESTING THAT AN UNBUDGETED CONTRACT WITH 3-H CABLE COMMUNICATIONS
CONSULTANTS BE APPROVED. THE CONTRACT FOR $8 , 653 WOULD BE TO ASSIST THE
CITY IN DEVELOPING AND NEGOTIATING A REFRANCHISE AGREEMENT WITH TCI CABLE
COMPANY. THE CONTRACT WILL INCLUDE OBTAINING CITY AND COMMUNITY INPUT ON
FUTURE CABLE TV NEEDS.
THE PERSONNEL DEPARTMENTS PROPOSAL IS TO PAY FOR THE CONTRACT FROM THE EXISTING
CABLE FRANCHISE FEE. OVER THE LAST TWO YEARS THE CITY HAS RECEIVED AN AVERAGE
OF $107, 346 IN CABLE FRANCHISE FEES AND FOR 1991 HAS BUDGETED $96, 318. THE
ANTICIPATED OVERCOLLECTION ABOVE THE BUDGET WOULD BE USED TO PAY THE NEW
CONTRACT.
BASED ON ANTICIPATED OVERCOLLECTION OF CABLE FRANCHISE FEES AND THE COUNCIL
DESIRE TO IMPROVE CABLE SERVICE, THE IBC APPROVES A BUDGET CHANGE OF $8 , 653
FOR A CONSULTANT CONTRACT FOR CABLE TV REFRANCHISING.
OPERATIONS COMMITTEE MINUTES
February 26, 1991
COUNCIL MEMBERS PRESENT: Christi Houser
Paul Mann
STAFF PRESENT: Mimi Castillo
Charlie Lindsey
Roger Lubovich
Tony McCarthy
Kelli O'Donnell
Don Olson
MEMBERS OF THE PUBLIC: Dick King
Steve Dejulio
The meeting was called to order at 4:50 p.m. by Chairperson Christi Houser.
Approval of Vouchers
All claims for the period ending February 15, 1991 were approved for payment in the amount of
$2,281,574.40.
Cable TV Consultant Contract
Personnel Director Olson reviewed with the Committee the general services contract between the City and
3-H Cable Communications Consultants sent out with the meeting agenda. The contract is for provided
for performance analysis and administrative evaluation. Complaints are forwarded to the consultant who
interfaces with TCI. This is a one year renewal of the consultants contract with a cost of$6,564.00.
The second agreement deals with the drafting of the refranchise ordinances with TCI. Two draft
refranchise ordinances are currently being reviewed with the Law Department which have incorporated the
input from the City Council for services they would like to see. Some of the services being negotiated for
are upgrading of the system such as television equipment, cameras and signal generation and working with
local colleges. There are four phases in the contract of which three have been completed with a total cost
of $8,653. Personnel Director Olson asked that the contracts be approved and placed on the Consent
Calendar of the next City Council meeting.
Committeemember Mann moved to approve the contracts and proceed to place them on the Consent
Calendar. The motion was seconded and passed with a vote of 2-0.
CLID 331
Finance Director McCarthy introduced Dick King of Lehman Brothers who had met earlier regarding
upcoming debt issues with Don Wickstrom. There will be a bond issue in March and Dick King is here
to give an overview of that issue and the market conditions.
Dick King presented a market update to the Committee. He outlined the estimate of 20 year general
obligation bond yields noting that January 1991 represents close to the lowest point seen in the last 10
1
N
Kent City Council Meeting
Date March 19 , 1991
Category Consent Calendar
1. SUBJECT: COMMUNITY ANTENNA TELEVISION FRANCHISE CONTRACT -
CABLE TV
2 . SUMMARY STATEMENT: Authorization to enter into a contractual
relationship with 3-H Cable Communications Consultants to
provide services outlined in contract to renew certain franchise
ordinances(s) with Tele-Communications, Inc.
l
3 . EXHIBITS: Contract
4 . RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/RWONNEL IMPACT: NO X YES
FISCAL/PERSONNEL NOTE: Recommended X Not Recommended
6. EXPENDITURE REQUIRED: $8 , 65� . 00
SOURCE OF FUNDS: General Fund
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3C
AGREEMENT FOR CONSULTANT SERVICES
Community Antenna Television Franchise
This Agreement is made and entered into this day of
1991, between The City of Kent, a Washington municipal corporation,
(hereinafter "City") , and 3-H Cable Communications Consultants (hereinafter
"Consultant") , a Washington corporation located at 4517 California Avenue
S.W. , Suite B, Seattle, Washington 98116.
RECITALS
1 . The City desires to renew certain franchise ordinance(s) with
Tele-Communications, Inc. , and in order to do so, wishes to obtain information
relating to community needs for cable TV services, the relative priorities of
such needs, and an analysis of present technical capabilities for upgrading
and providing additional services to the community during the next franchise
term.
2. Consultant agrees to perform these services and the other services
described in this Agreement under the terms and conditions set forth herein.
In consideration of the mutual promises set forth herein, it is agreed by
and between the City and Consultant:
SECTION ONE
DESCRIPTION OF WORK
Consultant will perform consulting and advisory services on behalf of the
City with respect to all matters relating to or affecting the Cable TV report,
recommendations, Request for Renewal Proposal , questionnaires, and surveys
completed by Consultant. Consultant shall perform the work in accordance with
all applicable state, federal and City laws, in a workmanlike manner con-
sistent with accepted practices for other similar services, and substantially
in every respect to the satisfaction and approval of Don Olson, Personnel
Director for the City, within the time specified herein, and in accordance
with any instructions and information contained in this Agreement or any
Page 1 of 9
exhibits attached hereto. The time frames and scope of such work are as
follows:
Phase I . To be completed by November 30, 1991.
A. Meet with appropriate City officials and/or their designees to
furnish information to enable them to conduct a survey of
community leaders to determine community. needs and relative
priorities of such items.
B. Analyze present technical capabilities for upgrading and
provision of additional services to the community during the term
of the next franchise period.
C. Perform a mail questionnaire of City residents' opinion of
present cable television operator and perceived future needs.
D. Submit report and recommendations regarding the above to the City.
Phase II. To be completed by February 6, 1991 .
Prepare Request for Renewal Proposal (RFP) encompassing items
obtained from A through D above, consistent with the provisions of
the Cable Communications Policy Act of 1984 and any federal
legislation which may supplant the Act.
Phase III . To be completed by February 6, 1991.
Prepare draft Master and Franchise Ordinances for the approval of Don
Olson, Personnel Director of the City and the Kent City Attorney, all
in accordance with federal , state and City laws and technical
requirements.
Phase IV. No time frame set for completion.
A. Make changes to the draft Master and Franchise Ordinances as
directed by the City.
Page 2 of 9
B. Present the final draft ordinances to Tele-Communications, Inc.
C. Negotiate with Tele-Communications, Inc. officials to obtain the
conditions contained in such ordinances, while seeking guidance
from the City during negotiation on all policy matters.
D. Prepare a final Master Cable Ordinance and Franchise Ordinance
(incorporating all negotiated terms) to be approved by the Kent
City Attorney and submitted to the Kent City Council .
SECTION TWO
PLACE OF WORK
It is understood that Consultant's services will be rendered largely at
4517 California Ave. S.W. , Suite B, Seattle, Washington 98116, but that
Consultant will , upon request, come to the City's offices at 220 Fourth Avenue
South, Kent, Washington 98032, or such other places as designated by the City,
to meet with City or Tele-Communication officials.
SECTION THREE
TIME DEVOTED TO WORK
In the performance of the services described herein, the Consultant shall
have control over the number of hours devoted to the work as is reasonably
necessary to fulfill the spirit and purpose of this Agreement. The Consultant
agrees to begin work upon execution of this Agreement by both parties and
shall carry the work forward according to the time frames herein, and where
the time is not specified, Consultant agrees to perform the work as
expeditiously as possible.
SECTION FOUR
PAYMENT
The City will pay the Consultant the total sum of Eight Thousand, Six
Hundred and Fifty-Three Dollars ($8,653.00) , payable in equal installments
after the completion of each phase of the Agreement, as established by the
Page 3 of 9
time frames in Section One herein. Payment for the services rendered under
Phase IV in Section One shall be made upon completion of all services rendered
under this Agreement. Out-of-pocket costs such as travel expenses at
twenty-five cents ( .25) per mile, printing and postage costs are not included
in this payment amount.
SECTION FIVE
INVOICING PROCEDURE
Invoices shall be presented to the City by the Consultant upon completion
of each phase of the project. One fourth of the total project cost will be
billed at the completion of each of the four phases outlines above. The City
shall make payment to the Consultant within thirty (30) days of presentation
of the invoice.
SECTION SIX
TERMINATION
The parties agree that the City may terminate this Agreement without ,
cause .upon five (5) days notice to Consultant. In the event of termination,
the City shall pay for all services performed by the Consultant to the
effective date of termination, and the City may thereafter take possession of
all records and data pertaining to this project within Consultant's possession.
SECTION SEVEN
STATUS OF CONSULTANT
This Agreement calls for the performance of the services of the
Consultant as an independent contractor and Consultant will not be considered
an employee of the City for any purpose. The Consultant and/or its
subcontractor(s) shall secure at its own expense, and be responsible for any
and all payment of income tax, social security, state disability insurance
compensation, unemployment compensation, Worker's Compensation, and all other
payroll deductions for the Consultant and its officers, agents and employees
and the costs of all business licenses, if any, in connection with the.
services to be performed hereunder.
Page 4 of 9
I .
SECTION EIGHT
DISCRIMINATION
In the hiring of employees for the performance of work under this
Agreement or any subcontract hereunder, the Consultant, its subcontractors or
any person acting on behalf of such Consultant or subcontractor shall not, by
reason of race, religion, color, sex or national origin discriminate against
any person who is qualified and available to perform the work to which the
employment relates.
SECTION NINE
SUBCONTRACTORS
At the time of submission of the bid proposal for this project, the
Consultant shall submit to the City a list of names of the subcontractors to
be used in connection with this Agreement. The Consultant shall make no
substitutions for any subcontractor, person, or entity listed in the bid
documents if the City makes a reasonable objection to such substitution.
Consultant shall not be required to contract with anyone to whom it has made a
reasonable objection.
SECTION TEN
WORKER'S COMPENSATION
Consultant agrees to maintain, at Consultant's expense, Worker's
Compensation at the limits required by the State of Washington, to fully
protect both Consultant and the City from any and all claims for injury or
death arising from the performance of this Agreement.
SECTION ELEVEN
INDEMNIFICATION
Consultant shall save, keep and hold harmless the City, its officers,.
agents, employees and volunteers from all damages, costs or expenses in law or
equity that may at any time arise or be set up because of damages to property
or personal injury (including death) received by reason of or in the course of
Page 5 of 9
performing work which may be occasioned by any willful or negligent act or
omissions of the Consultant, any of Consultant's employees, or any of its
subcontractors.
SECTION TWELVE
INSURANCE
Consultant shall procure and maintain for the duration of this Agreement
comprehensive general liability and automobile liability insurance against
claims for injuries to persons or damages to property which may arise from or
in connection with the performance of the work hereunder by the Consultant,
its agents, representatives, employees or subcontractors. The cost of such
insurance shall be borne by Consultant. Consultant shall maintain limits on
such insurance in the amount of $1,000,000 combined single limit per
occurrence/accident for bodily injury, personal injury and property damage.
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or
on behalf of the Consultant or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, employees or
volunteers.
Consultant's insurance coverage shall be primary as respects the City,
its officers, officials, employees and volunteers. Any deductibles or
self-insured retentions must be declared to and approved by the City. At the
option of the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials and
employees. The deductibles and/or self-insured retention shall not apply to
Consultant's liability to the City and shall be the sole responsibility of the
Consultant. Any insurance maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and
shall not contribute with it.
Consultant agrees to provide the City with certificates of insurance
evidencing the required coverage before Consultant begins work on the project
described in this Agreement. Each insurance policy required by this clause
Page 6 of 9
shall be endorsed to state that coverage shall not be suspended, voided,
cancelled by either party, reduced in coverage or in limits except after .
thirty (30) days prior written notice by certified mail , return receipt
requested, has been given to the City. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
SECTION THIRTEEN
OWNERSHIP OF RECORDS AND DOCUMENTS
Original documents, drawings, designs and reports developed under this
Agreement shall belong to and become the property of the City. All written
information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded
by the Consultant to at least the same extent as the Consultant safeguards
like information relating to its own business. If such information is
publicly available, is already in Consultant's possession or known to it, or
is rightfully obtained by the Consultant from third parties, Consultant shall
bear no responsibility for its disclosure, inadvertent or otherwise.
SECTION FOURTEEN ,
ENTIRE AGREEMENT
The written provisions and terms of this Agreement shall supersede all
prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or
forming a part of, or altering in any manner whatsoever, this Agreement or the
Agreement documents. The entire agreement between the parties with respect to
the subject matter hereunder is contained in this Agreement, any addenda
attached hereto, and all bid related documents, which may or may not have been
executed prior to the execution of this Agreement. All of the above documents
are hereby made a part of this Agreement and form the Agreement document as
fully as if the same were set forth at length herein.
Page 7 of 9
SECTION FIFTEEN
WAIVER AND MODIFICATION
No waiver, alteration or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City or Consultant.
SECTION SIXTEEN
ASSIGNMENT
Any assignment of this Agreement by the Consultant without the written
consent of the City shall be void.
SECTION SEVENTEEN
WRITTEN NOTICE
All communications regarding this Agreement should be sent to the parties
at the addresses below, unless notified to the contrary.
Any written notice hereunder shall become effective as of the date of
mailing by registered or certified mail and shall be deemed sufficiently given
if sent to the addressee at the address stated in this Agreement or such other
address as may hereafter be specified in writing.
SECTION EIGHTEEN
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Washington.
SECTION NINETEEN
RESOLUTION OF DISPUTES
Should any dispute, misunderstanding or conflict arise as to the terms
and conditions contained in this Agreement, the matter shall first be referred
to the City, and the City shall determine the term or provision's true intent
or meaning. The City shall also decide all questions which may arise between
Page 8 of 9
the parties relative to the actual service provided, or to the sufficiency of
the performance hereunder.
If any dispute arises between the City and Consultant under any of the
provisions of this Agreement which cannot be resolved by the City' s
determination within a reasonable time, jurisdiction of any resulting
litigation shall be with .the Superior Court of King County, Washington.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
CONSULTANT THE CITY OF KENT
By By
I Its
3-11 Cable Communications Consultants
4517 California Ave. S.W. , Suite 11 220 Fourth Avenue South
Seattle, WA 98116 Kent, Washington 98032
Approved as to form:
Roger A. Luhovich
City ALLorney
Attest :
City Clerk
64131_-31L
Page 9 of 9
Kent City Council Meeting
Date March 19 , 1991
Category Consent Calendar
1. SUBJECT: COMMUNITY ANTENNA TELEVISION FRANCHISE GENERAL
MANAGEMENT CONTRACT - CABLE TV
2 . SUMMARY STATEMENT: Authorization to enter into a contractual
relationship with 3-H Cable Communication Consultants to provide
services outlined in contract, to inspect and analyze the
technical operational effectiveness of the City's present CATV
franchise.
i
3 . EXHIBITS: tontract
1
1
4 . RECOMMENDE BY: Operations Committee
(Committ e, Staff, Examiner, Commission, etc. )
5. UNBUDGETE FISCAL PERSONNEL IMPACT: NO X YES
FISCAL P ONNEL NOTE: Recommended X Not Recommended
i
6. EXPENDITdRE REQUIRED: $6,564 .00
SOURCE Og FUNDS: General Fund
7. CITY C0j*CIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3D
CONTRACT FOR CONSULTANT SERVICES
Community Antenna Television Franchise Management
This Agreement made and entered into this day
of by and between 3-H Cable Communications Consultants
(hereinafter "Consultant") and the City of Kent, a municipal corporation
organized and existing under and by virtue of the laws and the State of
Washington (hereinafter "City") .
CONSULTANT AND CITY, FOR THE CONSIDERATION HEREINAFTER SET
FORTH, PROMISE, COVENANT, AND AGREE AS FOLLOWS:
I. Project and Scope of Work: Consultant shall do, perform, or cause to
be done and perfomed in a good and professional manner the following described
work in accordance with all applicable state, federal and city laws, in a
workmanlike manner consistent with accepted practices for other similar
services. This contract shall be governed by the laws of the State of
Washington.
A. Performance Analysis. Consultant shall inspect and analyze the
technical and operational effectiveness of the City's present CATV franchise.
A report of such findings shall be made to the City Council or its
designee on an annual basis or upon the determination by the Consultant that
non-compliance with the City Ordinance and/or FCC regulations exists.
B. Upgrade Evaluation. Consultant shall inspect and verify that all
features proposed by the cable operator and duly adopted by ordinance are
constructed and/or performed in a workmanlike manner on timely basis. This
will include, but not be limited to such items as type and quality of new
components, workmanship of new construction, line extension density, system
leakage, channel capacity, local access equipment, public connections, rates
and programming.
A report of any deficiencies discovered will be made immediately to
the City Council or its designee.
C. Consumer Protection and Complaints. Consultant shall assume
responsibility for reviewing and promptly responding to all public inquiries
regarding CATV services. Consultant shall make every effort to bring such
inquiries of complaints to a satisfactory conclusion by negotiation with cable
operator whenever possible.
On site inspection of areas of dispute will be performed when
necessary for reconciliation between the citizen and the cable operator. In
order to provide expeditious service, a 24 hour answering service will be
maintained by the Consultant.
D. Documents. Consultant shall assume responsibility for the
development and maintenance of current system maps showing the status of
upgrading and locations of such efforts and other projects. Consultant shall
maintain records of subscriber charges, channel allocations, performance
tests, citizen's complaints as well as all other franchise records.
E. Access Utilization. Consultant shall review the status of
citizen, educational and governmental use of the access channels provided.
Such review will include the monitoring of the availability of such channels,
time allocations provided for such use, and equitable sharing arrangements
made by the franchisee.
F. Collection of Franchise Fees. Consultant shall determine through
comparative analyses and audits that the franchisee is paying fully such fees
as mandated by ordinance. Consultant shall follow up on delinquent payments
if necessary, in order to ensure prompt and complete payment of such fees on a
timely basis.
- 2 -
G. Bond and Insurance. Consultant shall maintain a complete record
of all bonds and insurance required by the franchisee ordinance. Consultant
shall immediately advise the City of any default of any such requirements.
Consultant shall monitor performance bonds to make recommendations, if
necessary, to the City of any cause to exercise City options in the case of
non-performance.
H. FCC Regulations. Consultant shall maintain and update a file of
FCC regulations as they pertain to municipal franchise procedures and
substantive requirements. Consultant shall advise the City as to any
significant change or modifications to these or any other Federal or State
Legislation applicable.
I . Newsletter. Consultant shall furnish appropriate members of the
City government with a quarterly newsletter. This publication shall provide
news and information of present and contemplated issues that may affect
municipal CATV administration.
II . Duration of Services:
A. Duration. The term of this contract shall begin upon the date of
acceptance aforementioned and shall expire on the last day of the 12th month
following such date.
III . Fee for Consulting Services: For the performance of all services
described, including transportation, lodging, meals and incidental expenses
the City shall pay the Consultant a fixed fee of:
25% of gross franchise fees at 3% payment
20% of gross franchise fees at 4% payment
15% of gross franchise fees at 5% payment
_% of gross franchise fees at _% payment
This has not been calculated out and will not exceed $6,564.00
- 3 -
IV. Invoicin4 Procedure: Invoice shall be presented to the City by the
Consultant on a quarterly basis. The first payment will be payable at the
first of the month following the date of the effect of this agreement.
Subsequent invoices for the quarterly charge will be submitted by the
Consultant every ninety (90) days thereafter and payment will be made within
thirty (30) days of presentation of the invoice.
V. Termination by the City: If the City decides to cancel the agreement
without cause, or if the Consultant does not perform to the satisfaction of
the City, or if Consultant refuses or fails to provide required assistance or
otherwise violates a provision of this contract, then the City may terminate
this agreement after giving Consultant five (5) days' written notice. All
records and data generated by the Consultant constitute property of the City
and should be promptly provided to the City upon termination of the agreement
or at any other time upon written or verbal request by the City.
VII. Independent Contractor: It is understood and agreed that the
Consultant is, and shall be, acting at all times as an independent contractor
herein and not as an employee of the City. The Consultant shall secure at his
expense, and be responsible for any and all payment of income tax, social
security, state disability insurance compensation, unemployment compensation,
and all other payroll deductions for the Consultant and his officers, agents
and employees and all business license, if any, in connection with the
services to be performed hereunder. In connection with the execution of the
Agreement, Consultant shall not discriminate against any employee or applicant
for employment because of race, religion, color, sex or national origin.
VIII. Subcontractors: The names of subcontractors submitted at the time
of the submission of the bid proposal to the City shall be assumed to be the
subcontractors which the Consultant shall use for work required to be done
under the contract documents. The Consultant shall use for work required to
be done under the contract documents.
- 4 -
The Consultant shall make no substitution for subcontractor, person
or entity previously selected without the written consent of the City.
IX. Ownership of Reports and Documents: Original documents, drawings,
designs, and reports developed under this contract shall belong to and become
the property of the City.
X. Insurance: Consultant shall maintain and keep in force during the
term of this agreement the following policies of insurance: 1) a
comprehensive liability policy, including automobile coverage, in the limits
of at least $500,000.00 for bodily injury to any one person; at least
$500,000.00 for bodily injury persons injured in any one accident, and at
least $500,000.00 for property damage; and 2) professional liability
insurance with limits of at least $500,000.00.
XI. Claims for Damages: Should either party to the contract suffer
injury or damage because of any act or Oommission of the other party or of his
employees, agents for whose acts he is legally liable, claims shall be made in
writing to such other parties within a reasonable time after the first
observance of such injury or damages. Each party agrees to imdemnify and hold
harmless the other to the extent of each party's negligence.
XII. Rights and Remedies: The duties and obligations imposed by this
contract and the rights and remedies available hereunder shall be in addition
to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by the
City or Consultant shall constitute a waiver of any right or duty afforded any
of them under the contract; nor shall any action or failure to at constitute
an approval of or acquiescence thereto unless specifically agreed to by both
parties in writing. In the event of any dispute arising under the Agreement,
each party is solely responsible for his own attorney fees and costs.
- 5 -
XIII. Notice: Written notices shall be deemed to have been duly served
if delivered in person to the individual or entity for who it was intended, or
if delivered at or sent by registered or certified United States mail to the
last business address known to him who gives the notice.
All notices and requests shall be addressed to the City of Kent and the
Consultant as follows:
CITY: City of Kent
220 Fourth Avenue South
Kent, WA 98032
CONSULTANT: 3-HCable Communications Consultants
4511 California Avenue S.W. , Suite B
Seattle, WA 98
Approved at to form: 3-H Cable Comm c do s Consultants
T d� �it/ (�LGrSL By GL
City Attorney on_.A/ Hu d, Vice President/Director
ATTEST: CITY OF KENT
By
City Clerk Mayor
6257L-10L
- 6 -
U Kent City Council Meeting
Date March 19 , 1991
Category Consent Calendar
1. SUBJECT: POSSESSION OF MARIJUANA �zc
2 . SUMMARY STATEMENT: Adoption of Ordinance A 71 relatingl-to
possession of marijuana, amending Ordinance 1787. t fTL'r�"�f
�-r -
c't
„�
3 . EXHIBITS: Ordinance
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. 3E ✓
i
I
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to possession of
marijuana, amending Ordinance 1787 (Kent City
Code Chapter 9. 12) by adding a new section
9 . 12 .22 .
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent City Code 9. 12 .22 is amended as follows:
9 . 12 . 22 . POSSESSION OF MARIJUANA. It shall be unlawful
for any person to possess marijuana (canibis sativa) . Anyone who
possesses marijuana in an amount under 40 grams is guilty of a
midemeanor.
Section 2 . Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
Kent City Council Meeting
Date March 19 , 1991
Category Consent Calendar
1. SUBJECT: HINDERING LAW ENFORCEMENT
2. SUMMARY STATEMENT: Adoption of Ordinance >W rohibiting
hindering law enforcement officer by hiding a suspect or warning
him.
3 . EXHIBITS: Ordinance
4. RECOMMENDED BY: City Attorney
(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. 3FV
i
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, adding new sections 9 .02 . 17 and
9.02 . 18 to the Kent Municipal Code relating to
the hindering of law enforcement.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent Penal Code Chapter 9. 02 is amended by
adding thereto a new section 9. 02 . 17 to read as follows:
9 . 02 . 17 . HINDERING LAW ENFORCEMENT.
A. As used in this section hindering law enforcement
means to intentionally prevent hinder or delay the apprehension
or prosecution of another person whom the actor knows:
1) has committed a crime; or
(2)_ is being sought by law enforcement officials
for the commission of such offense; or
(3) has escaped from jail or prison.
B. A person is guilty of hindering law enforcement if .
respect to a person described in Subsections (A) (1) (2) or (3) he
knowingly:
1) harbors or conceals such person; or
(2) warns such person of impending discovery or of
apprehension; or
i
�3 provides such person with money.
transportation disguise or other means of avoiding discovery or
apprehension• or
(4) prevents or obstructs by use of force or
threat a private person from performing an act that might aid in
the discovery or apprehension of such person; or
L1 conceals alters or destroys any physical
evidence that might aid in the discovery or apprehension of such
person.
Section 2 . Kent City Penal Code Chapter 9. 02 is amended
by adding thereto a new section 9 . 02 . 18 to read as follows:
9 . 02 . 18 . ESCAPE.
A. "Official Detention" means:
(1)_ restraint pursuant to a lawful arrest for an
offense; or
(2)_ lawful confinement in the Kent Corrections
Facility; or
(3)_ custody for purposes incident to the foregoing
including but not necessarily limited to:
a transportation; or
(b) medical diagnosis or treatment; or
(c) court appearances; or
d) work and recreation.
B. A person is guilty of escape if, without lawful
authority he intentionally removes himself from official detention
or fails to return to official detention following temporary leave
granted for a specified purpose or limit.
2 -
Kent City Council Meeting
GGG Date March 19, 1991
Category Consent Calendar
1. SUBJECT: OBSTRUCTING PUBLIC OFFICER
2. SUMMARY STATEMENT: Adoption of Ordinance W3 amending
Ordinance 1960, relating to obstructing public officers.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: City Attorney
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
FISCALIPERSONNEL 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 ,/
II
I,
i
I
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, amending Ordinance 1960 Section 4 ,
codified as 9.02 . 16 relating to obstructing
public officers.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
( HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent City Penal Code 9. 02 . 16 is amended as
follows:
9 . 02 . 16. OBSTRUCTING PUBLIC OFFICERS. Any-person-WhOt
( (A7---Fr}bketzt-}a�rftz}-exet�se-sha}}-reface-er-3fneF#ng}]+-fai}
te-make-er-farn}sh-any-sbebentenb;-report;-er-}nfermat#en-}eWfa}}y
rega#red-ef-kim-by-e-pab}�e-effieer,--er
B----gin-any-saek-sbatemenb-er-reperb-ska}�-x+e#e-end+
kneW�ng}y-anbrae-stateYnenb-te-e-pxb}#e-effieer;-er
e----sha}}-kneirfng�y-kinder,--de}e�+-er-ebsbraet-any-pab}ie
off#eer-in-bhe-disekarge-ef-k#s-effie�a}-pe*aers-er-daties3-she}}
be-gat}by-ef-e-m}sdex+eaner-) )
A. a person is guilty of obstructing a public officer
if, with knowledge that the person obstructed a public officer, he
or she•
(1) intentionally and physically interferes with a .
public officer; or
�21 intentionally hinders or delays a public
officer by disobeying an order to stop given by such officer; or
(3) intentionally refuses to cease an activity or
behavior that creates a risk of injury to any person when ordered
to do so by a public officer; or
u intentionally destroys conceals or alters- or
attempts to destroy, conceal or alter any material which he or she
knows the public officer is attempting to obtain, secure, or
preserve during an investigation search or arrest; or
u intentionally refuses to leave the scene of an
investigation of-a crime while an investigation is in progress
after being requested to leave by a public officer.
B. no person shall be convicted of violating this
section if the iudge determines with respect to the person charged
with violating this section that the public officer is not acting
lawfully in a governmental function.
C. for purposes of this section a public officer means
those individuals responsible for the enforcement of the
provisions in the Kent City Code and empowered to make arrest for
offenses under the Kent City Code or those individuals responsible
for the enforcement of the criminal laws of the state.
D. obstructing a public officer is a misdemeanor.
Section 2 . Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
DAN KELLEHER, MAYOR
- 2 -
Kent City Council Meeting
Date March 19 , 1991
Category Consent Calendar
1. SUBJECT: LIABILITY INSURANCE PROOF
2. SUMMARY STATEMENT: Adoption of Ordinance gg4 relating to
proof of liability insurance, insurance identification card and
falsification of identification card. ' h,s ka5 hor 000+3 yei' be-er?
incorporated into the
Model Traffic Ordinance) 0 Id }iut -i cu n uv e'NVWAril &4-yhoyl
3 . EXHIBITS: Ordinance
4. RECOMMENDED BY: City, Attorney
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL }: OTE: Recommended Not Recommended
6. EXPENDITURE REWIRED: $
SOURCE OF FUNDS.
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agen a
Item No. 3H
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to traffic infraction,
proof of liability insurance, insurance
identification card and falsification of
identification card; adding new sections
10. 02 . 39 and .40 to the Kent City Code.
WHEREAS, cities have the right to enact laws for the
protection of the public health, safety and general welfare; and
WHEREAS, the Washington State Legislature by RCW
46. 30.020 has mandated as of April 1, 1990, that citizens only
operate a motor vehicle when properly insured; and
WHEREAS, the City has previously adopted RCW Chapter
46.90, the Model Traffic Ordinance (MTO) which provides a
comprehensive compilation of state uniform traffic laws. The
purpose of the MTO is to allow cities to include all future
amendments or additions to state traffic laws without having to
enact its own ordinances. The MTO is designed to enhance safe and
efficient movement of traffic throughout the state by having
current, uniform traffic laws available.
WHEREAS, the addition of any new section to the MTO may
be adopted by cities by reference if the Legislature specifically
provides that the new section is included in the MTO.
WHEREAS, the 1989 Legislature did not include RCW
46. 30. 020, 46. 30. 030 and 46. 30. 040, the proof of insurance law in
i
the MTO, creating the need for emergency adoption by the City
Council.
WHEREAS, the City Council taking note of the Legislative
mandate must enforce such legislation and adopts emergency
legislation; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent City code is amended by adding new
section 10. 02 . 39 and 10. 02 .40 as follows:
10.02 .39 . PROOF OF INSURANCE.
A. Whenever an insurance company issues or renews a
motor vehicle liability insurance policy the company shall
provide the policyholder with an identification card as specified
by the Department of Licensing At the policyholder's request the
insurer shall provide the policyholder a card for each vehicle
covered under this policy.
B. Whenever a person operates a motor vehicle subject
to registration the person'shall have in his or her possession an
identification card of the type specified in RCW 46. 30. 030.
10 02 039 and shall display the card upon demand to a law
enforcement officer. Failure to show proof of an insurance card
is an infraction punishable by . a penalty of no more than $47 .
2 -
i
i
i
10. 02 . 040. DISPLAY OF PROOF OF FINANCIAL RESPONSIBILITY.
A. Every person who drives a motor vehicle required to
be registered in another state that requires drivers and owners of
vehicles in that state to maintain insurance or financial respon-
sibility shall on request by a law enforcement officer provide
evidence of financial responsibility or insurance as required by
laws of the state in which the vehicle is registered.
B. Any person who knowingly provides false evidence of
financial responsibility to a law enforcement officer or to a
court including an expired or cancelled insurance policy, bond or
certificate of deposit is guilty of a misdemeanor.
Section 2 . Declaration of Emergency. Effective date in
accordance with RCW 35A. 11. 090, this ordinance is necessary for
the immediate preservation of public piece, health and safety,
therefore the support of city government at its existing public
institutions and by reason of the facts above stated and the
emergency which is hereby declared to exist. This ordinance shall
become effective immediately upon the approval or signing of the
same by the Mayor or passage over his veto as provided by law.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
3
Kent City Council Meeting
Date March 19 . 1991
Category Consent Calendar
1. SUBJECT: LID 339 - HILLTOP SANITARY SEWER
2 . /SUMMARY ST ' As recommended by the Public Works_)
Committ� e� e// doption of Resolution Id�� sett'ing Dr 16 as date
-pub;ic hearing and creation of LID 339.
3. EXHIBITS: Excerpt from Public Works Committee Minutes and
vicinity map
4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/EWONNEL IMPACT: NO >< YES
FISCAL/PERSONNEL N04'E: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3IV
PUBLIC WORKS COMMITTEE
MARCH 51 1991
PAGE 2
think he would not have to pay for any improvements. White
suggested that perhaps if we are going to overlay a street perhaps
we could tie it in with an LID for sidewalks. It was clarified
that if the developer proceeds with the development he will have to
make full street improvements with curbs, gutters and sidewalks.
White stated he was concerned about the impact of adding the
additional homes to the area. Gill stated we can identify the
needs, develop cost estimates to upgrade each one of the street
sections and financial alternatives. There was discussion
regarding access for the proposed new residences at the north end
of 1st, 2nd and 3rd Avenues. Ms. Nobel commented that she and Ms.
Newcomer had distributed 172 questionnaires regarding access to
4th. 73 of the 77 returned questionnaires indicated they were not
in favor of access to 4th. Gill added that access to 4th was
restricted for the planned Triangle Properties apartment complex
during their SEPA review. Ms. Nobel commented upon the concerns of
the neighborhood regarding traffic. Gill stated we would notify
Ms. Noble before signing off any development plans for the area.
Staff will bring back before the Committee an assessment of the
needs, cost estimates and financial alternatives.
White added that at the retreat it was suggested that the limits
for notification for public meetings and hearings be extended to
1, 000 feet rather than the existing 200 feet. Carol Morris stated
she would work on that issue.
Proposed L. I.D. - Hilltop Avenue Sanitary Sewer
Gill explained this proposed L. I .D. is for a small area at the
north end of Hilltop Avenue which is not presently served by
sanitary sewer. The area is within the City limits. There are
approximately 50% of the property owners in favor of the project.
Some have expressed concerns over the failure of their septic
systems. Dowell clarified there were no new county developments
abutting this proposed L.I.D. area. The Committee unanimously
recommended approval to proceed with the L. I .D.
Authorization to Condemn - L. I .D. 335 - 77th Ave. St. Imp;
104th/256th St. Imp. ; 228th St. Imp.
Gill explained we were requesting authorization to condemn for
right of way for these three projects if negotiations are not
successful. There are twd remaining parcels in L.I.D. 335 for
which we need to acquire right of way; three in 104th/256th Street
Improvement and one on the 228th Street Improvement project. Gill
described each of the projects for the Committee. The Committee
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PROPOSED SANITARY SEWER L.I.D. FOR HILLTOP AVE.
* SIGNED L.I.D. PETITION L.I.D. BOUNDARY
O ASSESSMENT NUMBER
1-10-91
CITY OF KENT, WASHINGTON
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent , Washington, declaring its intention to order
the improvement of properties on Hilltop Avenue north
of James Street by the installation of sanitary
sewers and to create a local improvement district to
assess the cost and expense of carrying out those
improvements against the properties specially
benefited thereby, and notifying all persons who
desire to comment in support of or object to the
improvements to appear and present their comments or
objections at a hearing before the City Council to be
held on April 16 , 1991 .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, as follows :
Section 1 . It is the intention of the City Council of the
City of Kent, Washington, to order the improvement of the
properties within the area described in Exhibit A, attached
hereto and by this reference made a part hereof, by the
installation of sanitary sewers on Hilltop Avenue north of James
Street as described in Exhibit B, attached hereto and by this
reference made a part hereof .
All of the foregoing improvements shall be in accordance
with the plans and specifications therefor prepared by the
Director of Public Works of the City and may be modified by the
City as long as that modification does not affect the purpose of
the improvements .
Section 2 . The total estimated cost and expense of the
improvements is declared to be $69 , 531 . 80 and the entire cost
and expense of the improvements shall be borne by and assessed
against the property specially benefited by the improvements to
be included in a local improvement district to be established
embracing as nearly as practicable all the property specially
benefited by the improvements . Actual assessments may vary from
estimated assessments as long as they do not exceed a figure
equal to the increased true and fair value the improvements add
to the property.
Section 3 . The City Clerk is authorized and directed to
give notice of the adoption of this resolution and of the date,
time and place fixed for the public hearing to each owner or
reputed owner of any lot , tract , parcel of land or other
property within the proposed local improvement district by
mailing such notice at least fifteen days before the date fixed
for public hearing to the owner or reputed owner of the property
as shown on the tax rolls of the King County Assessor at the
address shown thereon, as required by law. The City Clerk also
is authorized and directed to give notice of the adoption of
this resolution and of the date, time and place fixed for the
public hearing to each owner or reputed owner of any lot, tract ,
parcel of land or other property outside of the proposed local
improvement district that is required by the Federal Housing
Administration as a condition of loan qualification to be
connected to the proposed improvements , by mailing such notice
at least fifteen days before the date fixed for the public
-2-
hearing to the owner or reputed owner of the property as shown
on the tax rolls of the King County Assessor at the address
shown thereon, as required by law.
This resolution also shall be published in at least two
consecutive issues of the official newspaper of the City, the
date of the first publication to be at least fifteen days prior
to the date fixed for the public hearing .
Section 4 . All persons who may desire to comment in
support of or object to the improvements are notified to appear
and present those comments or objections at a hearing before the
City Council to be held in the Council Chambers in the City Hall
in Kent , Washington, at 7 : 00 p.m. on April 16 , 1991 , which time
and place are fixed for hearing all matters relating to the
improvements and all comments thereon or objections thereto and
for determining the method of payment for the improvements . All
persons who may desire to comment thereon or object thereto
should appear and present their comments or objections at that
hearing . Any person who may desire to file a written protest
with the City Council may do so within 30 days after the date of
passage of the ordinance ordering, the improvements in the event
the local improvement district is formed. The written protest
should be signed by the property owner and should include the
legal description of the property for which the protest is filed
and that protest should be dellivered to the City Clerk.
-3-
10
Section 5 . The City' s Director of Public Works is directed
to submit to the City Council on or prior to April 16, 1991, all
data and information required by law to be submitted.
Passed at a regular open public meeting by the City Council
of the City of Kent, Washington, this 19th day of March, 1991 .
Concurred in by the Mayor of the City of Kent this day
of March, 1991 .
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
APPROVED AS TO FORM:
FOSTER PEPPER & SHEFELMAN
Special Counsel and Bond Counsel
SLH-764•
-4-
EXHIBIT 'A'
LID BOUNDARY LEGAL DESCRIPTION
LID 339
WALKER'S SECOND ADDITION TO KENT
HILLTOP AVENUE SOUTH
Lots 1 through 6 inclusive, Block 1, Walker's Second Addition to
Kent, according to the plat recorded in Volume 62 of Plats, Page
80, records of King County, WA.
Lots 1 through 4 inclusive, Block 2 Walker's Second Addition to
Kent, according to the plat recorded in Volume 62 of Plats, Page
80, records of King County, WA.
EXHIBIT 'B'
LID 339
HILLTOP AVENUE SANITARY SEWER
900 FEET TO 1400 FEET NORTH OF JAMES STREET
LEGAL DESCRIPTION
See Exhibit 'A' attached and made a part hereto
SANITARY SEWER IMPROVEMENT
Description: Includes the installation of 8" sanitary sewers, 6"
side sewers and related appurtenances.
ON FROM TO
Hilltop Avenue 900 Ft. North of James St. 1400 Ft. North of
James Street
i
Kent City council Meeting
Date March 19 , 1991
Category Consent Calendar
1. SUBJECT: KENT WEST CORPORATE PARK
2. SUMMARY STATEMENT: Acceptance of the bill of sale and
warranty agreement submitted by Twenty Valley West Limits for
continuous operation and maintenance of approximately 838 feet
of water main extension, 1,276 feet of sanitary sewer extension,
920 feet of storm sewer improvements constructed in the vicinity
of 64th Avenue So. and South 216th Street and release of cash
bond after expiration of the one-year maintenance period.
r
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL P ONNEL IMPACT: NO YES
FISCAL PERSONNEL N Recommended Not Recommended
6. EXPENDITURE REOUIRM: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3J ✓
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_\ 0 vj Kent City Council Meeting
Date March 19 , 1991
Category Consent Calendar
1. SUBJECT: FRAZIER SHORT PLAT
2 . SUMMARY STATE034T: Acceptance of the bill of sale and
warranty agreement submitted by Litowitz Construction, Inc. for
continuous operation and maintenance of approximately 363 feet
of water main extension constructed in the vicinity of South
243rd Street and Military Road and release of cash bond after
expiration of the one-year maintenance period.
3 . EXHIBITS: Vicinity Map
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCA7g/PERSONNEL IMPACT: NO C YES
FISCAWPERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL 'ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3K✓
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Kent City Council Meeting
/ Date March 19 . 1991
Category Consent Calendar
91
1. SUBJECT: FRAGER ROAD GUARDRAIL
�d
2. SUMMARY STATEMENT: Accept'' as completeo�:he contract with
Peterson Brothers, Inc. for the installation of guardrail along
Frager Road at various locations and release of retainage after
receipt of State releases.
3 . EXHIBITS: Memorandum from the Public Works Director
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES
FISr"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. 3LV
DEPARTMENT OF PUBLIC WORKS
March 13, 1991
TO: Mayor Kelleher and City Council
FROM: Don Wickstrola�
RE: Frager Road Guardrail
This project was awarded to Petersen Brothers, Inc. on November
20, 1990 for the bid amount of $68, 001. 50.
The project installed guardrail at several locations along Frager
Road from Meeker Street to S. 212th Street. Construction costs
totaled $69 , 425. 30. It is recommended the project be accepted as
complete.
i
Kent City Council Meeting
Date March 19 1991
Category Consent Calendar
1. SUBJECT: 1990 ASPHALT OVERLAY
2 . SUMMARY STATEMENT: Acceptaas complete-he contract with M.A.
Segale for the 1990 Asphalt Overlay Project and release of
retainage after receipt of State releases.
3 . EXHIBITS: Memorandum from Public Works Director
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCALIPERSONNEL 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
DEPARTMENT OF PUBLIC WORKS
March 13, 1991
TO: Mayor Kelleher and City Council
FROM: Don Wickstromuu�
RE: 1990 Asphalt Overlay
This project was awarded to M.A. Segale June 19 , 1990 for the bid
amount of $305, 833 . 03 .
The project provided overlay and improvements to East George Street
from Central to North Woodford Ave, 114th Avenue S.E. from S.E.
256th Street to the end, State Street from James Street to E.
George Street, James Street at intersection with 1st Avenue, Salt
Air Hills, Eastridge, Frager Road, 4th Avenue from Smith Street to
James Street, Manchester Avenue from Canterbury Lane to S. 268th
Street and S. 248th Street from 35th Avenue S. to Military Road in
Cherry Park Estates. Construction costs were $256, 064 . 93 . It is
recommended the project be accepted as complete.
n
U� t�✓� i � Kent City Council Meeting
Date March 19 , 1991
Category Consent Calendar
1. SUBJECT: CANYON DRIVE LANDSLIDE
4A(�'
2. SUMMARY STATMU24T: Accepe as completelthe contract with
Scocolo Construction for the Canyon Drive landslide repair at
94th and release of retainage after receipt of the State
releases.
3 . EXHIBITS: Memorandum from Public Works Director
4 . RECOMMENDED BY:
(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✓
DEPARTMENT OF PUBLIC WORKS
March 13, 1991
TO: Mayor Kelleher and City Council
FROM: Don Wickstrom
RE: Canyon Drive Landslide Repair
The contract was awarded to Scoccolo Construction for the bid
amount of $99 , 680 on February 12 , 1991.
The project provided for the emergency repair of a slide area on
Canyon Drive in the vicinity of 94th Avenue. Construction costs
were $72 , 266.72 . It is recommended this project be accepted as
complete.
i
h /�tA
3���" Kent City Council Meeting
Date March 19 . 1991
!� Category Consent Calendar
1. SUBJECT: OUTSIDE SEWER AND WATER CONNECTIONS
2. SUMMARY STATEMENT: Adoption of Resolution I � declaring a
moratorium on the City's extension of sewer and water services
to property for development purposes located outside of
incorporated limits.
3. EXHIBITS: Memo, Resolution and Public Works and Planning
Committee Minutes
4 . RECOMMENDED BY: Planning Committee and Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO 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. 30✓
cxrr of Me
CITY OF KENT
PLANNING DEPARTMENT
(206) 859-3390
MEMORANDUM
March 14, 1991
MEMO TO: JUDY WOODS, PRESIDENT, AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: RESOLUTION PROHIBITING OUTSIDE SEWER AND WATER
CONNECTIONS
At the Public Works Committee held February 5th, the Committee
supported the Resolution for declaring the City with service of
sewer and water outside the City with no formal recommendation. At
the regular City Council meeting on February 5; 1991, this
resolution declaring a moratorium on the City' s extension of sewer
and water services to property located outside of its incorporated
limits was distributed by Councilman Jim White. Councilman White
asked that the resolution be referred to the Planning Committee and
Councilmember Johnson suggested that the resolution be referred
also to the Public Works Committee as well.
At the February 19, 1991 Public Works Committee, the resolution was
unanimously approved with some proposed amendments by Don Wickstrom
(which are stated in the attached minutes) and with the
recommendation to take it before the Council. At the February 19,
1991 Planning Committee meeting, the resolution was informally
approved with the recommended changes proposed by the Public Works
Committee. At the March 5th Planning Committee meeting, the
resolution was unanimously adopted with the recommendation to go to
full Council on March 19th.
Action requested from the Planning and Public Works Committees is
approval of the attached resolution which would declare a
moratorium on the City' s extension of sewer and water services to
property located outside of its incorporated limits.
JPH:mp:c: seweres.cc
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, declaring a
moratorium on the City's extension of sewer and
water services, to property for development
purposes located outside of its incorporated
limits.
WHEREAS, the City of Kent has the option, pursuant to RCW
35. 92. 170 and 35. 67. 310, to extend its water and sewer systems and
service to property located outside of its incorporated limits; and
WHEREAS, the City has set a policy in Ordinance 2767 ,
codified at Kent City Code 4 .22 . 010, to provide these services
only to properties within its primary sphere of interest for
annexation purposes; and
WHEREAS, under the newly adopted Growth Management Act,
King County must consult with the City of Kent and eventually
designate the location of the City's "urban growth area, " beyond
which annexation by the City may not occur (RCW 36.70A. 110) ; and
WHEREAS, since the process is still in its early stages,
the urban growth areas and hence the City's potential annexation
areas are as yet undefined; and'
WHEREAS, without clear direction on the boundaries of the
urban growth areas, the City is unable to implement its policy
which would allow the extension of water, and sewer services only
to areas which can be annexed in the future; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Effective immediately, the City of Kent shall
not accept new applications from any property owner for the
extensions of water and/or sewer service to any property located
outside of the City's incorporated limits for the purpose of
development, platting, short platting and/or rezoning thereof.
Section 2 . The moratorium imposed on these services by
this Resolution shall continue until such time as the "urban
growth areas" are designated by the County, and any appeals of the
City therefrom are resolved, pursuant to RCW 36.70A. 110.
Passed at a regular meeting of the City Council of the
City of Kent, Washington .this day of 1991.
Concurred in by the Mayor of the City of Kent, this
day of , 1991.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
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 , 1991.
(SEAL)
MARIE JENSEN, CITY CLERK
9260-330
- 2 -
Public Works Committee
1 February 19, 1991
Page 2
Proposed Resolution Outside city Water and Sewer Extensions
Wickstrom stated he was suggesting a couple of modifications to the
Resolution to 1) be sure the Resolution only addressed new services
and would not affect our existing commitments and 2) address
existing developments that may want to connect to the city' s
utilities. Wickstrom explained that by commitments he was
referring to water/sewer availabilities that have already been
granted. He added . that existing developments don't generate any
new traffic impacts.
Addressing the issue of existing developments, Wickstrom stated
that the proponents of LID 337 will be bringing this before the
Council again. They were confused as to whether they should have
attended the public hearing as our notices indicate that only those
protesting the project should attend. Wickstrom pointed out there
was in reality only about 10% of the assessed value that protested
the project. There is 42% of the assessed value on record as being
in favor of the project. Additionally, those that don't protest
are counted as being in favor of the project.
White asked if this resolution were passed if the City would be
able to extend service outside the city to existing developments
via an LID. After discussion, Dowell commented that he felt there
should be something in the resolution that allows us to do that
especially if requested by an authority such as the Health
Department. White stated his intent with this resolution was to
address new construction that adds additional traffic. He was not
expressing concern about extending utilities to existing
developments that would not be adding additional traffic. Orr and
Dowell agreed with that. Morris stated that Wickstrom' s revisions
of the resolution made that clear. Dowell expressed concerns about
developments going in around the City with septic systems. Morris
pointed out that the resolution does not change the status quo.
Now the growth management act does not allow us to annex property
outside the urban designated growth areas. We don't know what the
urban designated growth areas are going to be as the County is
responsible for that designation. In order for developments to get
extension of utility services, petitions for annexation have to be
signed. If we don't know where the urban growth areas area, we
don't know where we can annex; thus, we can't. extend utility
services. The Committee unanimously recommended approving the
amendments proposed by Wickstrom to the resolution and to take it
before the Council.
i
r
Planning Department
7ity Council Planning Committee
March 5, 1991
accomplished. Mr. Satterstrom proposed to the Committee that as a first
step the City invite the Federal Way, Kent, Renton and Highline school
districts to the next Planning Committee meeting on March 19, 1991. Each
district could tell the Committee what is going on in their. district and
how each district looks at the King County Ordinance. This would' be
educational to' the Committee. A follow-up Committee meeting could be done
on the explanation as to what is exactly in the King County Ordinance.
There was much discussion by the Committee members. Councilmember Leona
Orr liked the idea but did not want to see this item take months and
months. Councilmember Christi Houser and Chairman Johnson were also in
favor of inviting the school districts at the March 19 , 1991 meeting.
ADDED ITEM - RESOLUTION TO ESTABLISH PROCEDURES FOR AMENDMENTS TO THE
ZONING MAP & ZONING TEXT TO IMPLEMENT THE DOWNTOWN PLAN (L. Anderson)-
Senior Planner Lauri Anderson brought this to the Committee as an' added
item and she passed out a memo to the Committee members. Ms. Anderson
stated that the Planning Department has been working for several months on
the zoning code amendments proposal for implementing the Downtown Plan,
which the City Council approved in 1989 . These amendments are almost ready
to go forward into Hearing. In other situations where there have been
area-wide zoning changes, i.e. the Agricultural Lands Study, the Gateway
Commercial Study, and the Housing Study, rather than take those zoning
changes through on individual properties before the Hearing Examiner, the
Planning Department has taken them into hearing before the Planning
Commission. This request today would be for the Planning Committee to
authorize the Planning Department to have a resolution developed to go to
the full Council on March 19, 1991 requesting that the hearings on the
Downtown amendments be heard before the Planning Commission in lieu of .the
Hearing Examiner. Councilmember Leona Orr made the MOTION to the above and
Councilmember Christi Houser SECONDED it. MOTION carried.
ADDED ITEM RESOLUTION PROHIBITING OUTSIDE SEWER & WATER CONNECTIONS (Jon
Johnson)
Chair Jon Johnson asked about the status on this item. Councilmember Leona
Orr mentioned that this had been approved by the Public Works Committee and
the Planning Committee. Councilmember Leona Orr made .the MOTION and
Councilmember Christi Houser SECONDED it to adopt the resolution and to go
to full Council on March 19 , 1991. MOTION carried.
ADJOURNMENT
The meeting was adjourned at 5: 15 p.m.
MP:C:PCO305 .MIN
2
f i
Planning Department
City Council Planning Committee
February 19, 1991
Ms. Anderson asked the Planning Committee to endorse the acceptance of the
grant with this to go to full Council on March 5, 1991. Councilmember
Leona Orr made the MOTION and Councilmember Christi Houser SECONDED it.
All were in favor.
j
RESOLUTION PROHIBITING OUTSIDE SEWER & WATER CONNECTIONS (J. Harris)
Councilmember Leona Orr first stated that the Resolution was presented at
the Public ;Works Committee the morning of February 19 and unanimously
approved it.
Planning Director James P. Harris explained that this item has gone back
and forth between the Public Works Committee and the Planning Committee as
explained in the February 12 memo in your agenda packet. Mr. Harris
commented that in the memo to the Committee he stated he supported this
proposed resolution, but stated to the Committee that he supports this
resolution with caution for the reason of bashing the County. Mr. Harris
remarked that perhaps the County should be contacted ahead of time of what
the City is planning to do. Mr. Harris still does not retract his approval
but wanted to point out some cautions.
Councilmember Leona Orr expressed that the Resolution would get to the
whole entire issue and not just related to the 277th corridor or the County
issuing too many permits. She said that it is not so much as we are
bashing the County, but bashing ourselves by allowing things to happen in
the County that couldn't happen without the city' s support and then
complaining about it when the City has facilitated them. This resolution
does not affect anything that is already in the works or anything that has
been promised. It relates to something that hasn't come through yet or
something that is brand new until those Growth Boundaries are identified.
Once these boundaries are identified, this can be lifted or altered.
Senior Planner Lauri Anderson commented on the Section 2 which as follows:
"The moratorium imposed on these services by this Resolution shall
continue until such time as the "urban growth areas" are designated by
the County, and any appeals of the City therefrom are resolved,
pursuant to RCW 36. 70A. 110. "
Ms. Anderson stated that this would remain in effect until such time the
County recommends the urban growth area. One of the proposals before the
County Council is the interim urban growth boundary. She was wondering
whether it should be clarified here because the interim urban growth
boundary may happen very soon and suggested the Resolution say, "not
including any interim boundaries" . Attorney Carol Morris states that the
language here that we would keep the moratorium in effect until any appeals
t
2
Planning Department
City Council Planning Committee
February 19, 1991
are resolved. She thought if there were any interim growth boundaries
designated that we would immediately appeal. Attorney Morris said this
could be changed.
It was also pointed out at the meeting that Page 2 was not the same Page 2
that was4at the Public Works Committee on February 19 . Director Harris
complained about this for the record. If the Planning Committee has
something officially before its Committee and the staff of another
Committee knows that, this Committee should have what the other Committee
has got.
The changed Page 2 was retrieved by from the Law Department and distributed
to all the Committee members. There was much discussion by the Committee
members about the change. The change occurred in Section 1 adding the
following words (highlighted and underlined) :
Section 1. Effective immediately , the City of Kent shall not accept
new applications from any property owner for the extensions of water
and/or sewer service to any property located outside of the City' s
incorporated limits for the purpose of development, platting, short
platting and/or rezoning thereof.
Councilmember Christi Houser asked all who all was in favor say "I" of this
Resolution and for a letter be sent to the County and all said unanimously
"I" with no opposed.
ADDED ITEM - HUNGRY BEAR (Christi Houser)
Councilmember received a letter regarding the use of this business using
sandwich boards on the sidewalk which is not allowed.
ADDED ITEM - LEANING PUBLIC NOTICE BOARD (Leona Orr)
Councilmember Orr mentioned there is a public notice board that is leaning
towards the road on the west side of 116th, north of 240th Street. Fred
Satterstrom indicated that it was probably related to a proposed plat
recently approved by the City.
ADJOURNMENT
The meeting was adjourned at 5: 27 p.m.
mp:c:pco219 .min
3
Kent City Council Meeting
Date March 19. 1991
Category Consent Calendar
1. SUBJECT: SLAT-FBR TRAFFIC MITIGATION
2 . SUMMARY STATEMENT: Adoption of Resolution LLL which directs
the Planning, Public Works and Law Departments to pursue the
appeal process of King County Developments, which impact the
City's transportation system.
3 . EXHIBITS: Memo and Resolution
4 . RECOMMENDED BY: Planning Committee and Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__Z_ YES
FISgWPERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $ NSA
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
-
Council Agenda
Item No. 3PJ
WY of Red
CITY OF KENT
PLANNING DEPARTMENT
(206) 859-3390
am- MEMORANDUM
March 13 , 1991
MEMO TO: JUDY WOODS, PRESIDENT, AND MEMBERS OF CITY COUNCIL
FROM: JAMES P. HARRIS; PLANNING DIRECTOR
SUBJECT: RESOLUTION CHALLENGING COUNTY PLATS FOR TRAFFIC
MITIGATION
This resolution will be discussed by the Council' s Planning and
Public Works Committees' on March 19th. It has been placed on the
Council' s consent, at the suggestion of Plannning Committee chair
Jon Johnson, in anticipation that the two committees will approve
it. The resolution directs the Planning, Public
iofWo King and Law
County
Departments to pursue the appeal process
developments which impact the City' s transportation system.
JPH:mp:TRAFRES.CC
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, directing the
Planning and Public Works Departments to take
steps to appeal all development proposed in
King County which will impact, or has the
potential to impact traffic or transportation
facilities within the City of Kent.
WHEREAS, King County's adopted SEPA (State Environmental
Policy Act) policies require that the City of Kent be notified of
a proposed development prior to County approval, and that the City
of Kent's comments on the impacts of the project be considered in
any such approval ; and
WHEREAS, in the past, the County has approved development
either without considering the City's comments or without
adequately conditioning the development to address the City's
concerns; and
WHEREAS, the City's increasing traffic problems as a
result of development both within and outside the City limits are
causing the City to explore and implement all available measures
to effect relief on its transportation system; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. All City Departments are directed to continue
the practice of reviewing all notifications of proposed
development in King County with the object of determining and
identifying anticipated impacts, whether cumulative or otherwise,
upon the City's transportation facilities and traffic levels. The
City Departments conducting such review are directed to return
timely written responses to King County on such impacts, and to
provide the County with either recommendations for denial of the
project based upon adverse, unmitigated traffic impacts that will
occur within the City, or to recommend that approval be contingent
upon conditions tailored to mitigate such impacts to the City's
satisfaction.
Section 2 . If ,it appears that subsequent County approval
of such development does not address the' City's traffic concerns
as stated in such responsive comments, and the Public Works
Director considers the traffic impacts of the development to be
substantial, the City Attorney's office is directed to assist any
other City. Department in pursuing an appeal of the County's
approval of the development. The City Departments involved in
individual appeals are further directed to keep the City Council
informed of the progress of the appeal through the County system.
Passed at a regular meeting of the City Council of the
City of Kent, Washington this day of 1991.
Concurred in by the Mayor of the City of Kent, this
day of , 1991.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
2 -
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 , 1991.
(SEAL)
MARIE JENSEN, CITY CLERK
9400-330
3 -
��AA/'4
Kent City Council Meeting
/y f ll � Date March 19 , 1991
1`Jl1 �0 Category Consent Calendar
1. SIIBJECT- TiiE- -ANH g
DOWNTOWN PLAN
2. SUMMARY STATEMENT: Adoption of ResolutionlT" which
authorizes the Planning Commission to hear the proposed downtown
plan amendments to the zoning map and zoning text in lieu of the
Hearing Examiner.
3 . EXHIBITS: Memo and Resolution
4 . RECOMMENDED BY: Planning Co=ittee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISgWPERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3Q✓
CITY OF KENT
PLANNING DEPARTMENT
(206) 859-3390
a MEMORANDUM
March 13 , 1991
MEMO TO: JUDY WOODS, PRESIDENT, AND MEMBERS OF THE CITY COUNCIL
a
FROM: LAURI ANDERSON rSENIOR PLANNER
RE: RESOLUTION TO ESTABLISH PROCEDURES FOR AMENDMENTS TO THE
ZONING MAP AND ZONING CODE TEXT TO IMPLEMENT THE DOWNTOWN
PLAN
The Planning Department has prepared proposed amendments to the
Zoning Map and Zoning Code Text to implement the Downtown Plan
approved by the City Council in 1989 .
As with other area-wide zoning changes, we recommend that the
hearings on the proposed amendments be held before the Planning
Commission, in lieu of individual property hearings before the
Hearing Examiner.
Action requested from the City Council is approval of the attached
resolution which would authorize the Planning Commission to conduct
the hearings on the proposed Downtown zoning amendments.
This action was endorsed by the Planning Committee at their March
5 meeting.
LA:mp:PCreview
cc: James P. Harris, Planning Director
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of -Kent, Washington, relating to land use;
designating the agency before whom hearings on
the Downtown Subarea Plan shall be held and
clarifying the procedures to be used in such
hearing, all as authorized by RCW 35A.63. 100
and the Zoning Code, K.C.C. 15. 09 . 050.
WHEREAS, the Kent City Council is authorized to designate
the agency before whom hearings shall be held on zoning code
amendments (RCW 35A. 63 . 100) ; and
WHEREAS, the Kent Zoning Code (Ordinance 2404 as amended)
provides that zoning text amendments are to be heard by the
Planning Commission and the City. Council, and that zoning map
amendments are 'to be heard by the Hearing Examiner and City
Council (K.C.C. Section 15. 09. 050A(1) (a) ) ; and
WHEREAS, the hearing, notice, approval and recommendation
procedures to be used for amendments as set forth in the Zoning
Code relate only to Hearing Examiner action (K.C.C. Section
15. 09 . 050 (2) through (5) ) ; and
WHEREAS, the Downtown Subarea Plan is a proposed zoning
code amendment that includes both map and text amendments; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. That the hearing on both the map and text
amendments to the Zoning Code in the proposed Downtown Subarea
Plan shall be heard by the Planning Commission.
Section 2 . That the procedures set forth in K.C.C.
Section 15.09 . 050 (2) through (5) of the Zoning Code relating to
action of the Hearing Examiner upon zoning amendments shall apply
to such Planning Commission hearing, notice, approval and
recommendation.
Passed at a regular meeting of the City Council of the
City of Kent, Washington this day of 1991.
Concurred in by the Mayor of the City of Kent, this
day of , 1991.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
APPROVED AS TO FORM:
R GER A. LU , 01;
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 1991.
(SEAL)
MARIE JENSEN, CITY CLERK
9390-330
2 -
CITY OF KENT
_ PLANNING DEPARTMENT
(206) 859-3390
MEMORANDUM
March 12 , 1991
MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: GARRISON CREEK II FINAL PLAT NO. #SU-90-1
On May 11 1990 the City Council approved Garrison Creek II Preliminary
Subdivison No. SU-90-1, an eight-lot single family residential subdivision.
The subject property is lot 9 of Garrison Creek Short Subdivision #SP-89-17 .
The property is approximately 4 . 6 acres in size, is located on the south side
of S. 218th Street and abuts proposed 95th Place S. A number of conditions
were part of the Council ' s approval. The applicant has now complied with
these conditions as listed below:
A. Prior to recordation of the final plat:
1. Provide detailed engineering drawings and bond for or construct the
following:
a. gravity sanitary sewer facilities to service all lots and any
adjacent properties not presently served;
b. public water to all lots in a manner which meets domestic and
fire flow requirements (water must be provided by Soos Creek
Water and Sewer District) ;
C. on site storm drainage facilities to drain all roadways and
lots (including off-site tributary areas) which shall be
constructed to incorporate detention as well as biofiltration
and oil/water separation in order to preserve or enhance the
water quality of Garrison Creek;
d. street improvements within the plat up to residential
standards including asphalt pavement, curb and gutter,
sidewalks, storm drainage, street lighting , street name
signs, underground utilities and related appurtenances. Cul-
de-sacs shall have a paved radius of at least 45 feet.
The applicant shall dedicate all necessary right of way grant all
necessary easements to the City to provide for the construction,
operation and maintenance of the above facilities as well as for
the Garrison Creek trail, if necessary. The applicant shall also
extend utilities as necessary to provide for the future servicing
of adjacent properties.
MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS
MARCH 12 , 1991
2 . Execute a no protest LID covenant for the future widening and
improvement of S. 218th Street to City standards.
B. Prior to the issuance of a development permit on any lot within
subdivision, all physical improvements noted above shall be constructed.
C. The applicant shall include on the final mylar a notation that no
structures or impervious surfaces shall be permitted in the 75 foot
setback area at the top of the ravine.
MP:JPH:MP:SU901.CC
Attachment
2
GARRISON CREEK II FINAL PLAT NO. SU-90-1ILI
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Kent City Council Meeting
Date March 19 , 1991
Category Other Business
1. SUBJECT: CULTURAL PLAN/CULTURAL CENTER FEASIBILITY STUDY
CONSULTANT CONTRACT
2. SUMMARY STATEMENT: Staff requests acceptance of a $35, 000
contract between City of Kent and ArtSoft Management Services, a
division of Hill Arts and Entertainment Systems, Inc. , for a
Cultural Plan and Cultural Center Feasibility Study.
3 . EXHIBITS: Contract
4 . RECOMMENDED BY: Staff, Kent Performing Arts Center Task Force,
Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: _ NO X YES
FISCAL/PERSONNEL NOTE: Recommended. Not Recommended
6. EXPENDITURE REQUIRED: $35. 000
SOURCE OF FUNDS: Cultural Center Fund, King County Hotel/Motel
Cultural Tax Fund
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember ��� � seconds
for acceptance of a contract between City of Kent and ArtSoft
Management Services for a Cultural Plan and Cultural Center
Feasibility Study.
DISCUSSION: i
ACTION•
Council Agenda
Item No. 4B✓
a
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF KENT AND AMS ARTSOFT
MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into this day of
1991, by and between the City of Kent, a -Washington municipal
corporation (hereinafter, "City"), and AMS ArtSoft Management Services, a
Division of Hill Arts & Entertainment Systems, Inc. located at 6475 Christie
Avenue, Emeryville, California, 94608 (hereinafter, "Consultant") .
RECITALS
1 . The City desires to obtain consulting services to create a
comprehensive cultural arts plan that will evaluate the City's existing
cultural arts programs, assess the City's cultural arts needs, suggest future
cultural arts programs, and form an overall strategy to encourage growth and
improvement in cultural arts within the greater Kent area ( the "Comprehensive
Community Cultural Arts Plan") .
2. The City also desires to obtain consulting services to perform a
feasibility study for a Cultural Center in downtown Kent, which will include
methods of mutual cooperative planning, uses, funding, construction,
maintenance and operation of the facility.
3. Consultant agrees to perform these services and all other services
described in this Agreement under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises set forth
herein, it is agreed by and between the City and the Consultant as follows:
SECTION ONE
DESCRIPTION OF THE WORK
Consultant will perform consulting and advisory services on behalf of
the City with respect to all matters relating to or affecting the
Comprehensive Community Cultural Arts Plan and the Cultural Center feasibility
study. Under the scope of this agreement, the City shall perform the tasks
listed in Addendum A, which is attached hereto and incorporated herein by this
reference, and the Consultant agrees to perform the following work:
PHASE I . COMPREHENSIVE COMMUNITY CULTURAL ARTS PLAN.
1. Administrative Start-up. Work with the Kent Performing Arts Center
Task Force under the direction of the Superintendent of Cultural and Special
Services, Ms. Patrice Thorell , to establish the project schedule, develop
project procedures and review resource data provided by the City.
2. Document Existing Conditions. Define the current organizational
structure, document current programs and services and review present goals and
policies pertaining to the state of the City's present cultural arts programs,
plans and policies.
1
3. Identify Area Arts and Artists. Identify greater Kent performing
and visual artists and arts organizations and conduct an Arts/Cultural
Organization survey. Survey data collected from each organization shall
include information regarding the organization's goals, future growth plans,
current audience size and demographics, technical support needs, financial
stability, organizational nature (professional or avocational ), current and
future facility needs, and the organization's significant priority and problem
issues.
4. Interview Key Leaders. Conduct group and individual interviews with
those persons in the greater Kent area who play a significant leadership role
representing the arts, business, education and City government.
5. Market Analysis. Provide information on individual and
organizational needs in the area of arts and culture, existing programs and
their effectiveness, and characteristics of the greater Kent market area. In
particular, the Market Analysis shall identify the existing and potential
audience pool in the greater Kent area and collect data regarding
determinative factors that motivate audience attendance, local and regional
attendance trends, favored leisure time cultural activities, potential draw to
cultural events from areas outside City limits, ability and willingness to pay
for cultural events, fee and/or ticket prices that can be reasonably charged
in the area, and sources where potential audience members more commonly look
for cultural arts information.
6. Historical Preservation. Review existing and potential historical
landmarks, sites, and districts, which shall include architecturally
significant buildings and public places with attention paid to the potential
adaptive reuse to meet cultural facility needs. Evaluate the multi-cultural
traditions of Kent residents and the projected growth of cultural diverse
populations with respect to future impact on cultural needs and facilities.
7. Prepare Draft Memorandum Report. Compile and incorporate data into
draft form of a written Comprehensive Community Cultural Arts that summarizes
the existing state of the cultural arts in the greater Kent area and provides
a plan to achieve realistic cultural arts goals that are intended to expand
and improve the quality and availability of cultural arts programs in the City
and its surrounding audience area. The plan shall also describe and evaluate
alternative solutions to achieve these goals. Finally, the plan shall
identify and develop the most appropriate solutions by reviewing advantages
and disadvantages.
8. Review Finding and Recommendations. Formally review recommendations
and data in draft plan with appropriate City personnel , including but not
limited to the City of Kent Performing Arts Center Task Force, the Kent Arts
Commission, City Council committees, and the'full City Council .
9. Issue Final Written Plan. Consider and incorporate review comments,
refine the draft plan and complete the final Comprehensive Community Cultural
Arts Plan as part of a Final Report covering all phases of the project.
Deliver forty (40) copies of the Final Report to the City.
2
PHASE II. CULTURAL CENTER FACILITY DEVELOPMENT PROGRAM.
10. Administrative Start-up. Work with the Kent Performing Arts Center
Task Force under the direction of the Superintendent of Cultural and Special
Services, Ms. Patrice Thorell , to establish the project schedule, develop
project procedures and review resource data provided by the City to determine
the feasibility of a Cultural Center.
11. Document Existing Facilities. Inventory the existing facilities
available for presentation of cultural arts programs, including performance
and exhibition spaces, and collect facility data including, but not limited
to, size, physical condition, technical and physical plant capability (parti-
cularly sound and stage lighting availability) , stage size (if applicable) ,
seating availability (if applicable) , road and public transportation access,
and handicap access.
12. Develop Functional Program for New Facility. Establish community
requirements for a potential Community Cultural Center. Conduct a facilitated
workshop with potential facility users to develop a space and use program for
the Community Cultural Center. This program shall analyze all available
statistical data, define constraints and assumptions, review any proposed or
anticipated plans, and identify all physical plant, stage, audience seating,
exhibition and other space needs for the Center.
13. Site Reviews. Evaluate potential facility sites, including the
costs to and impact on downtown Kent regarding traffic patterns, parking
needs, nearby amenities, transportation needs and access, development
incentives, and the effect on downtown businesses.
14. Capital Project Costs. Analyze probable design and construction
costs for the Cultural Center, including project consultant and architectural
costs, site acquisition and development, construction, fees, taxes, equipment
and financing.
15. Operations Analysis. Analyze probable operational costs and
revenues, including earned income potential , contributions, operating expenses
and special programming costs.
16. Prepare Facility Memorandum Report. Compile and incorporate data
into a comprehensive memorandum report that summarizes the existing state of
the cultural arts facilities in the greater Kent area and describes design and
construction elements of a potential Cultural Center facility in downtown
Kent. This report shall evaluate the data obtained and research compiled in
items ten (10) through fifteen (15) of this Section One of the Agreement
pertaining to the Description of the Work. The report shall also describe and
evaluate alternative solutions for the facility site, size and other relevant
characteristics. Finally, the report shall identify and develop the most
appropriate solutions by reviewing perceived advantages and disadvantages
among the alternatives.
17. Review Findings and Recommendations. Formally review
recommendations and data in the memorandum report with appropriate City
personnel , including but not limited to, the City of Kent Performing Arts
Center Task Force, the Kent Arts Commission, City Council committees, and the
full City Council .
3
18. Issue Final Cultural Center Development Program. Consider and
incorporate review comments, refine the draft plan and complete a final
Cultural Center Development Program, which shall be incorporated into a Final
Report covering all phases of the project. Deliver forty (40) copies of the
Final Report to the City.
PHASE III. CULTURAL CENTER FINANCIAL FEASIBILITY ANALYSIS.
19. Administrative Start-up. Work with the Kent Performing Arts Center
Task Force under the direction of the Superintendent of Cultural and Special
Services, Ms. Patrice Thorell , to review resource data provided by the City to
determine the financial feasibility of a Cultural Center and to determine
alternative financing strategies to fund the project.
20. Document Existing Cultural Facilities. Document successful
existing cultural facilities in Washington State and analyze their specific
financing arrangements.
21. Evaluate Financial Feasibility. Research the financial feasibility
and probable. community support for a City Cultural Center, focusing on, but
not limited to, the following factors:
A. The feasibility of establishing a special district or Public
Development Authority in the Kent sphere of interest, including the
costs and resources needed to create the district or Authority and a
determination of the degree of public support for a bond issue
related thereto.
B. The potential for a public/private partnership to develop a Cultural
Center facility for the City, which shall include an evaluation of
potential incentives, and in particular, tax incentives, for private
sector involvement, and to include an overview of private capital
fundraising campaigns.
As a part of its research under this Section 1 .21 of this contract, Consultant
will conduct interviews with appropriate state and county legislative bodies
and will research into and hold discussions with major charitable foundations
and local philanthropic organizations regarding their recent experience with
capital fundraising campaigns.
22. Develop Draft Implementation Plan. Develop an Implementation Plan
that shall evaluate the data obtained and research compiled in items 19
through 21 of this Section One of the Agreement pertaining to the Description
of the Work. The implementation plan shall specifically address the tasks,
schedules and responsibilities involved in financing the project, as well as
an examination of the potential need for phasing the development of cultural
facilities based on the needs and priorities of potential user groups, target
markets, and funding sources.
4
23. Review Findings and Recommendations. Formally review
recommendations and data in draft Implementation Plan with appropriate City
personnel , including but not limited to, the City of Kent Performing Arts
Center Task Force, the Kent Arts Commission, City Council committees, and the
full City Council .
24. Issue Final Written Implementation Plan. Consider and incorporate
review comments, refine the draft plan and complete a final Implementation
Plan, which shall be incorporated into a Final Report covering all phases of
the project. The Final Report shall serve as the primary planning tool for
future stages of the project -funding and design- and will be suitable for
presentation to potential funders and the public. Deliver forty (40) copies
of the final document to the City.
SECTION TWO
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence as of the
date of execution of this document and shall extend for six months.
Completion of the draft Comprehensive Community Cultural arts plan and
Cultural Center Feasibility Study shall be twelve (12) weeks from the date of
City's Notice to Proceed.
SECTION THREE
STATUS OF CONSULTANT
The City and Consultant agree that in all matters relating to this
Agreement, the City and Consultant shall have no right, power or authority to
create any obligation, express or implied, on behalf of each other, and shall
have no authority to represent each other as agents. PROVIDED, HOWEVER, the
City reserves the right to direct Consultant to represent the interests of the
City at meetings and interagency briefings to perform the duties listed in
Section One, herein.
This Agreement calls for the performance of services of the Consultant
as an independent contractor and Consultant will not be considered an employee
of the City for any purpose. The Consultant shall secure at its own expense,
and be responsible for any and all payment of income tax, social security,
state disability insurance compensation, unemployment compensation, Worker's
Compensation and all other payroll deductions for the Consultant and its
officers, agents and employees and the costs of all business licenses, if any,
in connection with the services to be performed hereunder.
SECTION FOUR
PAYMENT
1. The City will pay the Consultant the total sum of Thirty Five
Thousand Dollars ($35,000) for the services described in Section One herein.
This maximum amount to be paid under this Agreement for services described in
Section One, which shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed
supplemental agreement. PROVIDED, HOWEVER, the City reserves the right to
direct the Consultant's compensated services under the time frames set forth
in Section One herein before reaching the maximum amount.
5
2. For the services described in Section One, the City shall pay
Consultant an amount based on completion and acceptance of each phase of the
project as set forth in Addendum B, "Detailed Budget, " attached hereto and
incorporated herein by this reference. City shall pay consultant eighty
percent (80%) of the amount Consultant has budgeted for each phase and, upon
final acceptance of the entire project and Final Report by the City, the
remaining twenty percent (20%) of the project cost will be paid to Consultant.
3. The Consultant shall submit invoices to the City at the completion
of each phase of the project, and a final invoice shall be submitted upon
completion of the services and acceptance of the Final Report. The City shall
pay the full amount of the invoice within thirty (30) days. If the City
objects to all or any portion of any invoice, it shall so notify the
Consultant of the same within fifteen (15) days from the date of receipt and
shall pay that portion of the invoice not in dispute, and the parties shall
immediately make every effort to settle the disputed portion.
If the City fails to make payment within thirty (30) days after receipt
of an invoice and has not notified the Consultant of any dispute over the
invoice amount, the City shall pay an additional monthly service charge of one
and one-half percent (1-1/2%) on all such outstanding amounts. The additional
charge shall not apply to any disputed portion of any invoice resolved in
favor of the City.
In the event that all or any portion of the 1-1/2% service charge
provided for herein is deemed to be an interest charge, then and in that event
said interest charge shall be limited to the maximum amount legally allowed by
law.
SECTION FIVE
TERMINATION
1. Termination of Agreement. Either party may terminate this Agreement
without cause upon seven (7) days written notice.
2. Excusable Delays. The right of Consultant to proceed shall not be
terminated nor shall Consultant be charged with damages for any delays in the
completion of the work due to (1) any acts of the federal government in
controlling, restricting or requisitioning materials, equipment, tools or
labor by reason of war, national defense or any other national emergency; (2)
any acts of the City causing such delay; and (3) causes not reasonably
foreseeable by the parties at the time of the execution of the Agreement that
are beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God, acts of another Consultant or
contractor in the performance of some other contract with the City, fires,
floods, strikes, weather of unusual severity. PROVIDED, HOWEVER, that the
Consultant must promptly notify the City in writing of the cause of the delay
within seven (7) days. If, on the basis of the facts and the terms of this
Agreement, the delay is properly excusable, the City shall , in writing, extend
the time for completing the work for a period of time commensurate with the
period of excusable delay.
6
In the event of termination, the City shall pay for all services
performed by the Consultant to the effective date of termination, as described
on a final invoice submitted to the City. After termination, the City may
take possession of all records and data within the Consultant's possession
pertaining to this Project.
SECTION SIX
DISCRIMINATION
In the hiring of employees for the performance of work under this
Agreement or any subcontract hereunder, the Consultant, its subcontractors or
any person acting on behalf of such Consultant or subcontractor shall not, by
reason of race, religion, color, sex or national origin, discriminate against
any person who is qualified and available to perform the work to which the
employment relates.
SECTION SEVEN
INDEMNIFICATION
Consultant hereby releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its officers, employees, agents
and representatives from any and all claims, costs, judgments, awards or
liability to any person, including claims by Consultant's own employees to
which Consultant might otherwise be immune under Title 51 RCW, arising from
injury or death of any person or damage to property of which the negligent
acts or omissions of Consultant, its agents, servants, officers or employees
in performing this Agreement are the proximate cause. Consultant further
releases, covenants not to bring suit and agrees to indemnify, defend and hold
harmless the City, its officers and employees from any and all claims, costs,
judgments awards or liability to any person (including Consultant's own
employees,) arising against the City solely by virtue of the City's act of
permitting Consultant's use of the Site, pursuant to this Agreement.
Inspection or acceptance by the City of any work performed by the
Consultant at the time of completion shall not be grounds for avoidance of any
of these covenants of indemnification. Said indemnification obligations shall
extend to claims which are not reduced to a suit and any claims which may be
compromised prior to the culmination of any litigation or the institution of
any litigation.
Should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of Consultant and the City, its
officers, employees and agents, Consultant's liability hereunder shall only be
to the extent of consultant's negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes
Olympic's waiver of immunity under Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the
parties.
7
SECTION EIGHT
INSURANCE
Consultant shall procure and maintain for the duration of this Agreement
comprehensive general liability and automobile liability insurance against
claims for injuries to persons or damages to property which may arise from or
in connection with the performance of the work hereunder by the Consultant,
its agents, representatives, employees or subcontractors. The cost of such
insurance shall be borne by Consultant. Consultant shall maintain limits on
such insurance in the amount of Five Hundred Thousand Dollars ($500,000)
combined single limit per occurrence/accident for bodily injury, personal
injury and property damage. The City, its officers, officials, employees and
volunteers shall be named as additional insureds as respects: liability
arising out of activities performed by or on behalf of the Consultant on
automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
the City, its officers, employees or volunteers.
Consultant agrees to provide the City with certificates of insurance
evidencing the required coverage before consultant begins work on the project
described in this Agreement. Each insurance policy required by this clause
shall be endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail , return receipt requested,
has been given to the City. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
SECTION NINE
OWNERSHIP OF RECORDS AND DOCUMENTS
Original documents, drawings, designs and reports developed under this
Agreement shall belong to and become the property of the City. All written
information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded
by the Consultant to at least the same extent as the Consultant safeguards
like information relating to its own business. If such information is
publicly available, is already in Consultant's possession or known to it, or
is rightfully obtained by the Consultant from third parties, Consultant shall
bear no responsibility for its disclosuref inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement
may be stored at Consultant's office in Emeryville, California. Consultant
shall make such data, documents and files available to the City upon its
request at all reasonable times for the purpose of editing, modifying and
updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall
be provided to the City upon its request, and at reasonable cost.
SECTION TEN
ENTIRE AGREEMENT
The written provisions and terms of this Agreement shall supersede all
prior verbal statements of any officer or other representative of the City,
8
s
and such statements shall not be effective or be construed as entering into or
forming a part of, or altering in any manner whatsoever, this Agreement or the
Agreement documents. The entire agreement between the parties with respect to
the subject matter hereunder is contained in this Agreement, any addenda
attached hereto, and all bid related documents, which may or may not have been
executed prior to the execution of this Agreement. All of the above documents
are hereby made a part of this Agreement and form the Agreement document as
fully as if the same were set forth at length herein.
SECTION ELEVEN
CONFLICT OF INTEREST
Consultant declares that it has no conflict of interest with the City
that would in any way affect consultant's performance under this Agreement,
and that any conflicts, if they do arise, shall be resolved in favor of the
City.
SECTION TWELVE
CITY'S RIGHT OF SUPERVISION AND INSPECTION
In the performance of the work herein contemplated, Consultant is an
independent contractor with the authority to control and direct the
performance and details of the work, the City being interested only in the
results obtained. However, the work contemplated herein must meet the
approval of the City and shall be subject to the City's general right of
inspection and supervision to secure the satisfactory completion thereof. The
Consultant agrees to comply with all federal state and municipal laws, rules
and regulations that are now or may in the future become applicable to
Consultant's business, equipment and personnel engaged in operations covered
by this Agreement or accruing out of the performance of such operations.
The City shall designate a representative(s) who shall at all times have
access to the Site for the purposes of observing tests or inspecting the work
performed by the Consultant, to judge whether such work is being performed in
accordance with the provisions hereof. Such representative(s) shall be
empowered to act for the City in all matters relating to Consultant's
performance of the work undertaken.
SECTION THIRTEEN
WORK PERFORMED AT CONSULTANT'S RISK
Consultant shall take all precautions necessary and shall be responsible
for the safety of the work hereunder and shall utilize all protections
necessary for that purpose. All work shall be done at Consultant's risk, and
Consultant shall be responsible for any loss of or damage to materials, tools
or other articles used or held for use in connection with the work.
SECTION FOURTEEN
MODIFICATION
No waiver, alteration or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of the Consultant and the City.
9
SECTION FIFTEEN
EXTENSION OF TIME
An extension of the time stipulated in this Agreement for the completion
of the work will be made when changes in the work occur or when the work is
suspended, as provided herein, or when the work of Consultant is delayed on
account of the conditions mentioned in Section 5.2 herein, which conditions
are not the result of fault or negligence of the Consultant. Consultant shall
notify the City promptly of any occurrence or conditions that in the
Consultant's opinion, entitle it to an extension of time. Such notice shall
be in writing and shall be submitted in ample time to permit full
investigation and evaluation of Consultant's claim. Failure to provide such
notice shall constitute a waiver by Consultant of any claim.
SECTION SIXTEEN
ASSIGNMENT
Any assignment of this Agreement by the Consultant without the written
consent of the City shall be void.
SECTION SEVENTEEN
WRITTEN NOTICE
All communications regarding this Agreement shall be sent' to the parties
at the addresses listed below, unless notified to the contrary.
Any written notice hereunder shall become effective as of the date of
mailing by registered or certified mail and shall be deemed sufficiently given
if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing.
SECTION EIGHTEEN
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Washington.
SECTION NINETEEN
RESOLUTION OF DISPUTES
' +'l ;r+Should any dispute, or con. . W. 17-
...w;�., •.a +., +h,e +c�cTmT-
A 4- th--�Aeefnent, the matter shall -first be referred
TF� . ute ari sew +be ...� .+reen t
-�icc ciiniTra 'rv+r�ri c C C— a
all be with the King County Superior CO-Irt
C'
* Refer to Addendum C attached hereto and incorporated b
reference herein.
10
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
CONSULT T THE CITY OF KENT
By By
Ste n Wolff Dan Kelleher, Mayor
Its Vice-Presiddnt
By
Robert Bailey
Its Principal
Notices should be sent to:
AMS/ArtSoft Management Services Ms. Patrice Thorell
6475 Christie Avenue, Suite 508 City of Kent
Emeryville, CA 94608 220 Fourth Avenue South
Kent, WA 98032
Approved as to form;
City Attorney
Attest:
City Clerk
CULTUREK.LAW
11
ADDENDUM A
Obligations of City
1. Provide lists of local and regional artists and arts organizations and
of key leaders.
2. Reproduce and distribute (by mail) and receive artist and organizational
surveys, EXCEPT that Consultant shall bear all postage costs.
3. Prepare and circulate agendas and reports to Performing Arts Center Task
Force.
4. Assist with scheduling necessary meetings, workshops and hearings.
5. Provide work area with desk and telephone, and make available a small
meeting room for use of Consultant while on site. Consultant shall
compensate City for all long-distance telephone charges.
6. Assist with facility evaluations by facilitating access to spaces and
buildings.'
7. Arrange for necessary public notices and advertisements for meetings,
surveys and hearings.
8. Provide background material on City cultural programs and facilities.
9. Provide appropriate City planning documents such as general and specific
plans, plot maps, zoning and building code requirements, tax assessments
and lists of City-owned properties.
12
ADDENDUM B
City of Kent
Cultural Planning/Cultural Center
Feasibility Study
Detailed Budget*
PHASE I COMPREHENSIVE COMMUNITY CULTURAL ARTS PLAN
1. Key Leader Interviews . . . . . . . . . . . . . . . . . $2,000
2. Arts/Cultural Organization Survey . . . . . . . . . . . . . $2,750
3. Market Analysis
a. Market Area Profile . . . . . . . . . . . . . . . . . $2,250
b. Primary Market Research . . . . . . . . . . . . . . . . $7,500
4. Cultural and Historical Assets . . . . . . . . . . . . . . . $1,500
3 Site Visits @ $1,000 each . . . . . . . . . . . . . . . . $3,000
PHASE II CULTURAL CENTER FACILITY DEVELOPMENT PROGRAM
1 . Functional Program/Cost Estimate . . . . . . . . . . . . . . $3,250
2. Site Reviews . . . . . . . . . . . . . . . . . . . . . . . . $2,500
3. Operations Analysis . . . . . . . . . . . . . . . . . . . . $2,000
2 Site Visits @ $1,000 each . . . . . . . . . . . . . . . . $25000
PHASE III CULTURAL CENTER FINANCIAL FEASIBILITY ANALYSIS
1. Financial Strategies . . . . . . . . . . . . . . . . . . . . $2,000
2. Implementation Planning . . . . . . . . . . . . . . . . . . $3,250
1 Site Visit @ $1 ,000 . . . . . . . . . . . . . . . . . . . $1,000
TOTAL . . . $35,000
*NOTE: Budget line items do not limit either the scope or the description of
the work defined in Section One of the Agreement.
13
ADDENDUM C
SECTION NINETEEN
RESOLUTION OF DISPUTES
Should any dispute, misunderstanding or conflict arise as to the terms and
conditions contained in this Agreement, or relative to the actual service provided, or to
the sufficiency of the performance hereunder, the City and Consultant shall use
reasonable efforts to resolve any such diputes in an amicable fashion.
In the event the parties are unable to resolve any such disputes within a
reasonable time, jurisdiction of the resulting litigation shall be with the King County
Superior Court.
14
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Kent City Council Meeting
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date March 19 991
Category Other Business
1. SUBJECT: OLYMPIC PIPELINE FRANCHISE
2 . SUMMARY STATEMENT: The new franchise agreement for Olympic
Pipeline to operate and maintain their existing pipeline in City
rights-of-way is being presented for introduction and dis-
cussion. This new franchise agreement is for a period of ten
years, contains substantial clauses regarding hazardous
substances, requires notification to the City in the event of
accidental release or accidents, requires a risk assessment to
ensure structural integrity, provides for recovery of the City's
administrative costs in processing this agreement and contains
stringent indemnification and insurance requirements.
Inasmuch as RCW 35A.47.040 states that "No ordinance or
resolution granting any franchise in a code city for any purpose
shall be adopted or passed by the city's legislative body on a
day of its introduction . . . " , this agreement will be brought
back before the Council on April 2 for adoption.
3 . EXHIBITS: Excerpt from Public Works Committee minutes and
franchise agreement
4. RECOMMENDED BY:
(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 ACTIIO,Nz
Councilmember moves, Councilmember (�� seconds
that the franchise agreement for Olympic Pipeline be brought
back before Council on April 2 .
DISCUSSION•
ACTION•
Council Agenda
Item No. 4C ✓
PUBLIC WORKS COMMITTEE
MARCH 51 1991
PAGE 3
unanimously recommended approval to proceed with condemnation if
negotiations for right of way are unsuccessful.
Ipm. olympic Pipeline Franchise
Gill explained that Public Works and the Attorney' s office have
been working on a new franchise ordinance for Olympic Pipeline as
their old. franchise has expired. Morris explained that she has
added substantial clauses regarding hazardous substances,
notification, spills, and cleanup. She noted that Don Wickstrom
wanted to require a risk assessment of the pipeline system before
approving the franchise in order to determine the current
structural integrity of the system. The indemnification and
insurance sections have been strengthened considerably. They are
required to notify the Public Works Department and the Fire
Department in case of accidental release or accidents relating to
the pipeline. The franchise fee has been increased to $3 . 00 per
lineal foot of pipeline. Olympic Pipeline has reviewed the
ordinance and is in agreement. Morris added this is a 10-year
franchise as opposed to the old one which was 15 years and it does
not allow them to construct any new lines under this franchise.
The Committee unanimously recommended approval of the franchise.
Street Utility
Gill explained this is a continuance of the issues brought before
the Committee earlier. We are requesting to establish the corridor
funds to capture the available revenue, establish project budgets
and authorize the staffing requirements. IBC and IPC have reviewed
these requests and it is their recommendation to fill the clerical
and Engineering Technician position as approved in the 1991 budget
and to authorize one new engineer position. Personnel is to
evaluate the Tech and Engineer position to determine the
appropriate level. The rationale of upgrading the Engineer
position is to be able to use that position to manage contractual
engineers. McCarthy clarified that the Committee should make a
recommendation as to the hiring of these positions. The Committee
unanimously recommended approval of the IBC/IPC recommendation to
proceed with hiring of the Office Technician and Engineering
Technician positions as approved in the 1991 budget review of the
Technician position to determine appropriate level based upon job
responsibilities and to add an Engineer position at a level to be
determined after review of job responsibilities.
DEPARTMENT OF PUBLIC WORKS
February 28, 1991
TO: Public Works Committee
FROM: Don Wickstrom Q 0
RE: Olympic Pipeline Franchise
Olympic Pipeline Company' s franchise to place and maintain their
pipeline within Kent' s rights of way has expired.
The Public Works Department and the City Attorney's office have
been working with Olympic Pipeline in the development of a new
franchise agreement which is attached. Olympic Pipeline has
concurred with the conditions contained therein.
State law states that franchises can not be adopted on their first
introduction to Council. Thus, we will be bringing this before you
under Other Business for introduction and discussion and back again
at a subsequent Council meeting for adoption and authorization for
the Mayor to sign.
printed on recycled paper
I
ORDINANCE NO.
I
�I AN ORDINANCE of the City of Kent,
f Washington, granting unto the Olympic Pipe Line
Company, a Delaware corporation, its successors
and assigns, the right, privilege, authority
and franchise for ten years, to maintain,
operate, replace, and repair an existing pipe-
line, together with equipment and appurtenances
thereto for the transportation, storage and
handling of oil and any by-product thereof, in,
across, under, through and below certain
designated public rights-of-way and public
properties of the City of Kent, State of
Washington.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Franchise Granted. The existing franchise
between the City of Kent, Washington and Olympic Pipeline Company
(hereinafter "Olympic") for utilization of streets, avenues,
rights-of-way, roads, alleys, lanes or other public places within
the City of Kent is hereby cancelled as of
Pursuant to RCW 35A. 47 . 040, the City of Kent, Washington
(the "City" herein, ) hereby grants to Olympic Pipeline Company, a
Delaware corporation, its successors and assigns, subject to the
terms and conditions set forth hereinafter, a franchise for a
period of ten years, commencing and expiring
This franchise shall grant to Olympic the right,
privilege and authority to operate, maintain, replace, use and
operate one existing pipeline and all necessary equipment and
facilities thereto for the transport of oil and oil products, in,
under, on, across, or below the public right-of-ways and public
places located in the City of Kent, more specifically described as
follows:
STREET DISTANCE LOCATION
Across S. 228th St. 60 feet 1754' E/CL 68th Ave. S.
Across S. 202nd St. 60 feet 425' E/CL 72nd Ave. S.
Across S. 206th St. 60 feet 425' E/CL 72nd Ave. S.
Across S. 212th St. 60 feet 1730' E/Cl 68th Ave. S.
Across S. Smith St. 60 feet 1800' E/CL 68th Ave. S.
Across W. Meeker St. 60 feet 1800' E/CL 68th Ave. S.
Across W. Willis St. 60 feet 740' W/CL 5th Ave.
Across S. 259th St. 60 feet 1375' W/CL 3rd Ave.
Across S. 262nd St. 60 feet 23401 , E/CL 70th Ave. S.
Across W. James St. 66 feet 1800' E/CL 68th Ave. S.
The rights and privileges granted under this franchise
shall not convey any right to Olympic to install any new pipelines
or pipeline facilities, or to allow Olympic the use of City-owned,
leased or operated properties outside of the franchise area
described above.
Section 2 . Non-Exclusive Franchise Grant. This franchis
is granted upon the express condition that it shall not in any
manner prevent the City of Kent from granting other or further
franchises in, along, over, through, under, below or across any of
said right-of-ways, streets, avenues or all other public lands and
properties of every type and description. Such franchise shall in
no way prevent or prohibit the City of Kent from using any of said
roads, streets or other public properties or affect its jurisdic-
tion over them or any part of them, and the City shall retain
power to make all necessary changes, relocations, repairs,
maintenance, establishment, improvement, dedication of same as
they may deem fit, including the dedication, establishment,
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maintenance, and improvement of all new rights-of-ways,
thoroughfares and other public properties of every type and
description.
Section 3 . Relocation of Pipeline and Pipeline
Facilities. Olympic agrees and covenants at its sole cost and
expense, to protect, support, temporarily disconnect, relocate or
remove from any street any of its installations when so required
by the City of Kent by reason of traffic conditions or public
safety, street vacations, dedications of new right-of-ways and the
establishment and improvement thereof, freeway construction,
change or establishment of street grade, or the construction of
any public improvement or structure by any governmental agency
acting in a governmental capacity, provided that Olympic shall in
all such cases have the privilege to temporarily bypass, in the
authorized portion of the same street upon approval by the City of
Kent, any section of pipeline required to be temporarily
( disconnected or removed.
If the City determines that the project necessitates the
relocation of Olympic's then existing facilities, the City shall:
a) At least sixty (60) days prior to the commencement
of such improvement project, provide Olympic with written notice
requiring such relocation; and
b) Provide Olympic with copies of pertinent portions of
the plans and specifications for such improvement project so that
Olympic may relocate its facilities to accommodate such
improvement project.
c) After receipt of such notice and such plans and
specifications, Olympic shall complete relocation of its facilitie
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at no charge or expense to the City so as to accommodate the
improvement project at least ten (10) days prior to commencement
of the project.
Olympic may, after receipt of written notice requesting
a relocation of its facilities, submit to the City written
alternatives to such relocation. The City shall evaluate such
alternatives and advise Olympic in writing if one or more of the
alternatives is suitable to accommodate the work which would
otherwise necessitate relocation of the facilities. If so
requested by the City, Olympic shall submit additional information
to assist the City in making such evaluation. The City shall give
each alternative proposed by Olympic full and fair consideration.
In the event the City ultimately determines that there is no
other reasonable alternative, Olympic shall relocate its
facilities as otherwise provided in this Section.
The provisions of this Section shall in no manner
preclude or restrict Olympic from making any arrangements it may
deem appropriate when responding to a request for relocation of
its facilities by any person or entity other than the City, where
the facilities to be constructed by said person or entity are not
or will not become City owned, operated or maintained facilities,
provided that such arrangements do not unduly delay a City
construction project.
Section 4 . Olympic's Mans and Records. As a condition
of this franchise, Olympic shall provide to the City at no cost, a
copy of its current maps and records of its pipeline system and
facilities as they exist on the date of this franchise agreement
in the City of Kent. These maps and records shall be copies of
those that Olympic updates and maintains in order to comply with
the requirements of the Code of Federal Regulations, Chapter 49,
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I� II
dPart 195. 04, or any other federal regulations that may be adopted
or promulgated in the future on the subject of pipeline safety.
IAll such maps and records, including the results of all tests or
inspections of the pipeline and its facilities done by Olympic
pursuant to 49 CFR §195 and any other federal regulations, shall
Ibe available at all reasonable times for inspection by the proper
officials and agents of the City.
i Upon written request of the City, Olympic shall provide
the City with the most recent updated plan available of potential 1
improvements to its facilities within the franchise area; Provided!
(' However, any such plan so submitted shall be for informational !
purposes only and shall not obligate Olympic to undertake any
specific improvements within the franchise area, nor shall such
- I
plan be construed as a proposal to undertake any specific
improvements within the franchise area.
i
Section 5. Pipeline Integrity. Prior to and as a
condition of the granting of this franchise, Olympic shall provide,
for the City's review and approval, a Risk Assessment of Olympic's
pipeline system as it now exists within the Kent City limits. The
Risk Assessment shall be prepared by a consultant firm approved by
the City and stamped by a Washington State licensed engineer with
demonstrated experience in the field. The Assessment, prepared
under the direction of the City, shall include, but not be limited
to, a review of the original pipeline system design, any subsequen
modifications, the installation records, Olympic's past and
present operational and maintenance practices, emergency response
plan and emergency response record. The Assessment shall also
contain a determination of the potential failure risk of the
pipeline or any of its parts, apparatus and equipment, with
respect to loss of product into the environment during this
franchise term, or, until the year 2001. Locations of all
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potential failure areas shall also be stated in the Assessment, as
well as the projected associated environmental damage or clean-up
costs, as such costs can reasonably be estimated.
All pipe and any other components of pipeline systems to
be placed by Olympic in the future within any street right-of-way
or other public property as designated under this franchise
agreement, shall be designed, manufactured and installed in full
compliance with the Design Requirements for Hazardous Liquids
Pipelines as set forth in 49 CFR §195, Subpart C, or any other
future federal regulations promulgated on the subject. Whenever
Olympic shall relocate or replace any pipeline system or portion
thereof, the new pipe or facilities shall be initially tested and
then tested annually or sooner thereafter, according to the
ischedules as set forth in the federal regulations on the subject.
I
Section 6. Excavations. During any period of relocation(
1 or maintenance, all surface structures, if any, shall be erected
and used in such places and positions within said public right-of-
Iways and other public properties so as to interfere as little as
possible with the free passage of traffic and the free use of
i
adjoining property, and Olympic shall at all times post and
maintain proper barricades during such period of construction as
required by the laws of the State of Washington or the ordinances
of the City of Kent.
I
Whenever Olympic shall excavate in any public right-of-
way or other public property for the purpose of repair, maintenanc
or relocation of its facilities, it shall apply to the City for a
permit to do so and shall give the City at least three (3) working
1 days notice thereof. During the progress of the work, Olympic
shall not unnecessarily obstruct the passage or proper use of the
I
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i
right-of-way, and shall file maps or plans with the City showing
the proposed and final location of the pipeline.
If either the City or Olympic shall at any time plan to
make excavations in any area covered by this franchise and as
described in this section, the party planning such excavation
shall afford the other, upon receipt of a written request to do
so, an opportunity to share such excavation, PROVIDED THAT: (1)
such joint use shall not unreasonably delay the work of the party
causing the excavation to be made; (2) such joint use shall be
arranged and accomplished on terms and conditions satisfactory to
both parties; and (3) either party may deny such request for
safety reasons.
Section 7 . Restoration after Construction. Olympic
shall, after abandonment approved under Section 16 herein, or
relocation, maintenance, or repair of pipeline/facilities within
the franchise area, restore the surface of the right-of-way or
public property to at least the condition same was in immediately
prior to any such relocation, maintenance or repair. All concrete
encased recorded monuments which have been disturbed or displaced i
by such work shall be restored pursuant to all federal, state and
local standards and specifications. Olympic agrees to promptly
complete all restoration work and to promptly repair any damage
caused by such work to the franchise area or other affected area
at its sole cost and expense.
Section 8 . Warranties. Olympic represents, warrants and
covenants that a) Olympic has not received any notice of, and is
not aware of, any actual or alleged release of any hazardous
substance from or in the pipeline system; b) Olympic has not
received any notice of and is not aware of, any actual or alleged
violation with respect to the pipeline system of any federal,
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state or local statute, ordinance, rule, regulation or other law
pertaining to hazardous substances; and c) no action or proceeding
is pending before or appealable from any court, quasi-judicial
body or administrative agency relating to hazardous substances
emanating from, caused by or affecting Olympic's pipeline system.
For the purpose of this franchise, the term "hazardous
substance" shall mean any hazardous, toxic or dangerous substance,
waste or material that is regulated under any federal, state or
local law pertaining to environmental protection, contamination,
cleanup or liability. The term includes without limitation, a)
any substance designated a "hazardous substance" under the
Comprehensive Environmental Response Compensation and Liability
Act (42 U.S.C. 9601 et seq. ) , and/or under the Model Toxics
Control Act (Ch. 70. 105D RCW) , as these statutes shall be amended
from time to time, and b) any substances that, after being
released into the environment and upon exposure, ingestion,
inhalation or assimilation, either directly from the environment
or indirectly by ingestion through the food chain, will or may be
reasonably be anticipated to cause death, disease, behavior
abnormalities, cancer and/or genetic abnormalities in humans,
plants or animals. "Release" means any intentional or
unintentional entry of any hazardous substance into the
environment, including, without limitation, the abandonment or
disposal of containers of hazardous substances.
Section 9. Compliance with Applicable Laws. Olympic
shall not cause or permit the pipeline to be used to generate,
manufacture, refine, transport, treat, store, handle, dispose,
transfer, produce or process hazardous substances, except in
compliance with all applicable federal state and local laws or
regulations. Nor shall Olympic cause or permit, as a result of
any intentional or unintentional act or _omission on the part of
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Olympic, any assignee or agent of Olympic, or any third party, a
release of hazardous substances on the property of the City or on
lany other property.
Section 10. Notification of Releases and/or Accidents;
Monitoring. Olympic shall monitor the pipeline system by making
visual inspections at least once every three weeks as required by
49 CFR 195.412 , or as may be required by any federal or state
regulations that may be promulgated on the subject in the future,
and by performing annual pressure tests of the pipelines. Olympic
shall notify the City Public Works Department at 859-3383 and the
( City Fire Department at 859-3360 within two (2) hours of the
occurrence of any of the following circumstances which occur
within the Kent City limits or which may affect property within
the existing Kent City limits or as the Kent City limits may be
hereafter extended:
1) When there is a leak in the pipeline causing a loss
of Olympic's product;
2) When there is an explosion or fire involving
Olympic's pipeline facilities or product;
3) When there is an escape into the atmosphere of
1� Olympic's products, or highly volatile liquids;
I
4) When there exists any hazardous condition which
could lead to an accident or imminently dangerous
situation;
5) When there is an escape of Olympic's product into
any stream, river, lake, reservoir, ground water or
water table;
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6) When any person suffers bodily injury or death in an
event involving Olympic's pipeline, facilities or
product;
7) When there is damage to any public or private
property involving olympic's pipeline, facilities or
product, which property is not owned by Olympic.
Within twenty-four (24) hours of the oral notice, Olympic
shall follow up with a written notice, addressed to the Director
of the Kent Public Works Department, 400 West James St. , Kent,
Washington 98032 . Both oral and written notices shall specify, to
the extent possible, the Hazardous Substance involved; the amount
lof Hazardous Substances involved; the location of the release or
contamination; the time and duration of the release or
contamination; the steps being taken to stop, limit or remediate
the release or contamination; other governmental agencies
( contacted about the release or contamination; and the name and/or
title of the person making the notice.
Within thirty (30) days of the occurrence of any accident
involving Olympic's pipelines, facilities or products in the City,
( Olympic shall prepare and file a written accident report with the
City, which shall either provide all information or be identical
to the completed form required for this purpose by the Secretary
of the Department of Transportation, pursuant to 49 CFR Parts
195. 50, 195 .54, 195. 55 and 195.56, or any future federal
regulations promulgated on the subject. The . information on this
report shall include, but not be limited to a description of the
event, all significant facts relevant to the event, the
circumstances leading to its discovery, the corrective action
taken and the extent of any personal injuries, fatalities or
property damage.
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Compliance with this provision shall not excuse Olympic
1from any other notification requirements under federal, state or
, local law. Failure to comply with the notification and reporting
requirements of this Section or the hazardous waste clean-up and
permit regulations contained in Kent City Ordinance 2718 shall be
grounds for revocation of this franchise.
Section 11. Notification of Violation. In addition to
the requirements for notification contained in Section 10 herein
regarding accidents or releases, Olympic shall notify the City in
writing within 24 hours after Olympic a) receives any notice of or
becomes aware of any actual or alleged violation, with respect to
the pipeline system, or of any federal, state or local law
pertaining to Hazardous Substances, or b) becomes aware of any
lien or action with respect to any of the foregoing. Olympic
will, at its sole expense, act in a manner satisfactory to the
City, to comply with all laws, including Kent City Ordinance 2718,
and with all orders, decrees or judgments of governmental
authorities or courts that apply to the use, collection, storage,
treatment, control, removal or clean-up of Hazardous Substances
emanating from or related to the pipeline system. Olympic shall
immediately comply with any request or order of the City relative
to the operation of the pipeline that the City determines
necessary to protect the public health, safety and welfare.
Olympic shall further pay all clean-up, administrative and
enforcement costs of governmental agencies if obligated to do so
by contract or law. The City may, but is not obligated to take
such actions and incur such costs and expenses to effect such
compliance as it deems advisable; and whether or not Olympic has
actual knowledge of the existence of Hazardous Substances in, on
or under the affected premises or adjacent property as of the date
hereof, Olympic shall reimburse the City on demand for the full
amount of all costs and expenses the City incurred in connection
with such compliance activities.
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Section 12 . Emergency Work -- Permit Waiver. In the
event of any emergency in which a pipeline located in or under any
street, breaks, is damaged or otherwise is in such a condition as
to immediately endanger the property, life, health or safety of
any individual, or when a violation as described in Section 11,
"Notification of Violation" occurs, Olympic shall immediately take
the proper emergency measures to cure or remedy the dangerous
conditions for the protection of property, life, health or safety
of individuals without first applying for and obtaining a permit
as required by this franchise. However, this shall not relieve
Olympic from the requirement of obtaining any permits necessary
for this purpose, and Olympic shall apply for all such permits not
later than the next succeeding day during which the Kent City Hall
is open for business.
Section 13 . Recovery of Costs. Olympic shall pay a
filing fee for the City's administrative costs in drafting and
processing this franchise agreement and all work related thereto,
including the cost of the City's review of the Risk Assessment in
Section 5 herein. Olympic shall further be subject to all permit
fees associated with activities undertaken through the authority
granted in this Ordinance or in prior ordinances relating to the
pipeline system, including Kent City ordinance 2718, regardless of
the voluntary nature of any clean-up efforts. Where the City
incurs costs and expenses for review, inspection or supervision
of activities undertaken through the authority granted in this
Ordinance or any prior ordinances relating to the pipeline system
ffor which a permit fee is not established, Olympic shall pay such
I costs and expenses directly to the City. In addition to the
above, Olympic shall promptly reimburse the City for any and all
costs it reasonably incurs in response to any emergency involving
Olympic's pipelines and facilities.
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Section 14. Indemnification. Olympic hereby releases,
covenants not to bring suit and agrees to indemnify, defend and
hold harmless the City, its officers, employees, agents and
representatives from any and all claims, costs, judgments, awards
or liability to any person, including claims by Olympic's own
employees to which Olympic might otherwise be immune under Title
51 RCW, arising from injury or death of any person or damage to
property of which the negligent acts or omissions of Olympic, its
agents, servants, officers or employees in performing this
franchise are the proximate cause. Olympic further releases,
covenants not to bring suit and agrees to indemnify, defend and
hold harmless the City, its officers and employees from any and
all claims, costs, judgments, awards or liability to any person
(including claims by Olympic's own employees, including those
claims to which Olympic might otherwise have immunity under Title
51 RCW) arising against the City solely by virtue of the City's
ownership or control of the rights-of-way or other public
properties, by virtue of Olympic's exercise of the rights granted
herein, or by virtue of the City's permitting Olympic's use of the
City's rights-of-way or other public property based upon the
inspection or lack of inspection of work performed by Olympic, its
agents and servants, officers or employees in connection with work
authorized on the City's property or property over which the City
has control, pursuant to this franchise or pursuant to any other
permit or approval issued in connection with this franchise. This
covenant of indemnification shall include, but not be limited by
this reference, claims against the City arising as a result of the
negligent acts or omissions of Olympic, its agents, servants,
officers or employees in barricading or providing other adequate
warnings of any excavation, construction, or work in any public
right-of-way or other public place in performance of work or
services permitted under this franchise.
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Olympic further agrees to release, covenants not to bring
suit and agrees to indemnify, defend and hold harmless the City,
its officers and employees, agents and representatives from any
and all claims, costs, judgments or awards to any person,
including all reasonable attorneys' fees and costs incurred by the
City, or liabilities resulting from a) any breach of the
representations and warranties as contained in this franchise, or
in any notice, report or permit application made by Olympic
pursuant to the requirements of this franchise, or local, state or
federal law; and b) Hazardous Substances from the pipeline system
being found on or removed from any properties.
Inspection or acceptance by the City of any work
performed by Olympic at the time of completion shall not be
grounds for avoidance of any of these covenants of indemnification
Said indemnification obligations shall extend to claims
which are not reduced to a suit and any claims which may be
compromised prior to the culmination of any litigation or the
institution of any litigation.
In the event that the Grantee refuses the tender of
defense in any suit or any claim, said tender having been made
pursuant to the indemnification clauses contained herein, and said
refusal is subsequently determined by a court having jurisdiction
(or such other tribunal that the parties shall agree to decide the
matter) , to have been a wrongful refusal on the part of Olympic,
then Olympic shall pay all of the City's costs for defense of the
action, including all reasonable expert witness fees and
reasonable attorneys' fees and the reasonable costs of the City,
including reasonable attorneys' fees of recovering under this
lindemnification clause.
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Should a court of competent jurisdiction determine that
this franchise agreement is subject to RCW 4. 24. 115, then, in the
event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the
concurrent negligence of Olympic and the City, its officers,
employees and agents, Olympic's liability hereunder shall be only
to the extent of Olympic's negligence. It is further specifically
and expressly understood that the indemnification provided herein
constitutes Olympic's waiver of immunity under Title 51 RCW,
solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties.
The provisions of this Section shall survive the
expiration or termination of this franchise agreement.
Section 15. Insurance. Olympic shall procure and
maintain for the duration of the franchise, insurance against
claims for injuries to persons or damages to property which may
arise from or in connection with the exercise of the rights,
privileges and authority granted hereunder to Olympic, its agents,
representatives or employees. Olympic shall provide a copy of
such insurance policy to the City for its inspection prior ,to the
adoption of this franchise ordinance, and such insurance shall
evidence:
1. Automobile Liability insurance with limits no less
than $1, 000, 000 Combined Single Limit per accident
for bodily injury and property damage; and
2 . Commercial General Liability insurance policy
written on an occurrence basis with limits no less
than $2 , 000, 000 Combined Single Limit per occurrence
and $2 , 000, 000 aggregate for personal injury, bodily
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injury and property damage. Coverage shall include
but not be limited to: pollution coverage and cost
of cleanup; blanket contractual; products/completed
operations; broad form property; explosion, collapse
and underground (XCU) ; and Employer's Liability.
Any deductibles or self-insured retentions must be
declared to and approved by the City. Payment of deductible or
self-insured retention shall be the sole responsibility of the
Contractor.
The insurance obtained by Olympic shall name the City,
its officers, employees and volunteers as insureds with regard to
activities performed by or on behalf of Olympic. The coverage
shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or
volunteers. In addition, the insurance policy shall contain a
clause stating that coverage shall apply separately to each insure
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability. Olympic's insurance
shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance maintained by
the City, its officers, officials, employees or volunteers shall
be excess of Olympic's insurance and shall not contribute with
it. The insurance policy or polices required by this clause shall
be endorsed to state that coverage shall not be suspended, voided,
cancelled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City.
Any failure to comply with the reporting provisions of
the policies shall not affect coverage provided to the City, its
officers, officials, employees or volunteers.
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Section 16. Abandonment of Pipeline or Pipeline
Facilities. No pipeline, section of pipeline or pipeline facility
may be abandoned by Olympic without the express written consent of
the City. The City shall not consent to abandonment until Olympic
provides an environmental report prepared for this purpose, which
evaluates ground and surface water quality, surrounding soil
contamination or pollution of any kind in the area of the proposed
abandonment. If the City approves certain pipeline sections or
facilities for abandonment, Olympic must comply with all local,
state and federal regulations pertinent to abandonment of oil
pipelines and associated clean-up activities, including Kent City
Ordinance 2718.
Section 17. Bond. Before undertaking any of the work,
improvements, repair, relocation or maintenance authorized by this
franchise, Olympic shall, upon the request of the City, furnish a
bond executed by Olympic and a corporate surety authorized to do a
surety business in the State of Washington, in a sum to be set and
approved by the Director of Public Works as sufficient to ensure
performance of Olympic's obligations under this franchise. The
bond shall be conditioned so that Olympic shall observe all the
covenants, terms and conditions and faithfully perform all of the
obligations of this franchise, and to erect or replace any
defective work or materials discovered in the replacement of the
City's streets or property within a period of two years from the
date of the replacement and acceptance of such repaired streets by
the City.
Section 18. Modification. The Cityand Olympic hereby
YmP Y
reserve the right to alter, amend or modify the terms and
conditions of this franchise upon written agreement of both
i parties to such alteration, amendment or modification.
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Section 19. Forfeiture and Revocation. If Olympic
willfully violates or fails to comply with any of the provisions
of this franchise, or through willful or unreasonable negligence
fails to heed or comply with any notice given Olympic under the
provisions of this franchise, then Olympic shall, at the election
of the Kent City Council, forfeit all rights conferred hereunder
land this franchise may be revoked or annulled by the Council after
a hearing held upon reasonable notice to Olympic. The City may
elect, in lieu of the above and without any prejudice to any of
its other legal rights and remedies, to obtain an order from the
superior court having jurisdiction compelling Olympic to comply
with the provisions of this Ordinance and to recover damages and
costs incurred by the City by reason of Olympic's failure to
comply.
Section 20. Remedies to Enforce Compliance. In additic
to any other remedy provided herein, the City reserves the right
to pursue any remedy to compel or force Olympic and/or its
successors and assigns to comply with the terms hereof, and the
pursuit of any right or remedy by the City shall not prevent the
City from thereafter declaring a forfeiture or revocation for
breach of the conditions herein.
Section 21. Franchise Fee. In consideration of the
benefits conferred under this franchise, Olympic shall pay an
annual fee to the City in an amount equal to three dollars ($3 . 00)
per lineal foot of franchise area, which fee shall be increased or
decreased each year by the Consumer Price Index for Urban Wage
Earners and Clerical Workers for the Seattle-Tacoma area (CPI-W) .
The first installment of this fee shall be paid at the time of
execution of this franchise ordinance, and each succeeding
installment by March 1st, prior to the beginning of the next year I
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of the franchise. Interest shall accrue on any late payment at
the rate of twelve (12) per cent per annum.
Section 22 . City Ordinances and Regulations. Nothing
herein shall be deemed to direct the City's ability to adopt and
enforce all necessary and appropriate ordinances regulating the
performance of the conditions of this franchise, including any
reasonable ordinance made in the exercise of its police powers in
the interest of public safety and for the welfare of the public.
The City shall have the authority at all times to control by
appropriate regulations the location, elevation, and manner of
construction and maintenance of any pipelines or pipeline
facilities by Olympic, and Olympic shall promptly conform with all
such regulations, unless compliance would cause Olympic to violate
other requirements of law.
Section 23 . Cost of Publication. The cost of the
publication of this Ordinance shall be borne by Olympic.
Section 24 . Acceptance. After the passage and approval
of this Ordinance and within sixty days after such approval, this
franchise shall be accepted by said Grantee by its filing with the
City Clerk an unconditional written acceptance thereof. Failure
of the Grantee to so accept this franchise within said period of
time shall be deemed a rejection thereof by the Grantee, and the
rights and privileges herein granted shall, after the expiration
of the sixty day period, absolutely cease and determine, unless
the time period is extended by ordinance duly passed for that
purpose.
Section 25. Survival . All of the provisions, conditions
and requirements of Section 7 , 14 , and 16 of this franchise shall
be in addition to any and all other obligations and liabilities
Olympic may have to the City at common law, by statute, or by
contract, and shall survive the City's franchise to Olympic for
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the use of the areas mentioned in Section 1 herein, and any
renewals or extensions thereof. All of the provisions,
conditions, regulations and requirements contained in this
franchise Ordinance shall further be binding upon the successors
and assigns of Olympic and all privileges, as well as all
obligations and liabilities of Olympic shall inure to its
successors and assigns equally as if they were specifically
mentioned wherever Olympic is named herein.
Section 26. Right-of-Entry. The City is hereby
authorized but not required to enter the premises of Olympic Oil
Company, 'at reasonable times, to inspect the premises to ascertain
the accuracy of all representations and warranties, and compliance
with all covenants in this franchise.
Section 27 . 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 franchise Ordinance. In the event that any of the
provisions of this franchise are held to be invalid by a court of
competent jurisdiction, the City reserves the right to reconsider
the grant of this franchise and may amend, repeal, add, replace or
modify any other provision of this franchise, or may terminate
this franchise.
Section 28 . Assignment. Olympic may not assign this
franchise without the written consent of the City Council of the
City, which consent shall not be unreasonably withheld. If such
consent is given for assignment of this franchise, acceptance of
the assignment by Olympic's successor shall be filed with the Citvl
Clerk.
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Section 29. Notice. Any notice or information required
or permitted to be given to the parties under this franchise
agreement may be sent to the following addresses unless otherwise
specified:
City of Kent
Director of Public Works
Kent, WA 98032
Olympic Pipeline Company
Attn•
P. O. Box 1800
Renton, WA 98057
Section 30. Effective Date. This Ordinance shall take
effect on or thirty (30) days after its
execution; having first been submitted to the Kent City Attorney;
having been granted by the approving vote of at least a majority
of the City Council at a regular meeting after introduction
on ; and after having been published at least
once in a newspaper of general circulation in the City of Kent.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
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APPROVED AS TO FORM:
ROGER LUBOVICH, CITY ATTORNEY
PASSED the day of , 1991.
APPROVED the day of , 1991.
PUBLISHED the day of , 1991.
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 hereof
indicated.
(SEAL)
MARIE JENSEN, CITY CLERK
8910-330
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/// Kent City Council Meeting
Date March 19. 1991
c+ Category Other Business
1. SUBJECT: PARK DEDICATION AND PLATS
2. SUMMARY STA This meeting will consider the adoption
of ordinance which amends the City of Kent Subdivision Code.
i i a a b the Planning Commission
City -et
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it require land dedication or fees in lieu of land dedication
for parks and open space in residential subdivisions.
3 . EXHIBITS: Memo, Ordinance and Planning Commission Minutes
4. RECOMMENDED BY: Planning Commission
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_X--_ YES
FISCALLPERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $ N/A
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to adopt ordinance �� as recommended by the Planning
Commission requiring land dedication or fees in lieu of land
dedication for parks and open space in residential subdivisions.
DISCUSSION:
ACTION•
Council Agenda
Item No. 4D
crry cF Men�
CITY OF KENT
PLANNING DEPARTMENT
(206) 859-3390
�+t�c rl• MEMORANDUM
March 13 , 1991
TO: JUDY WOODS, PRESIDENT, AND CITY COUNCIL MEMBERS
FROM: FRED N. SATTERSTROM, PLANNING MANAGER
RE: PROPOSED SUBDIVISION CODE AMENDMENT: LAND DEDICATION FOR
PARKS AND OPEN SPACE IN RESIDENTIAL PLATS
The creation of residential building lots through the subdivision
process has an indirect impact on the demand for recreation and
open space. Washington State law recognizes this in the
subdivision statute (RCW 58. 17) , and provides local governments
with the authority to require land dedications or fees-in-lieu of
land dedication for parks and open space purposes.
On November 20, 1990, the Council I s Planning Committee directed the
Planning Department staff to prepare an amendment to the City' s
subdivision code which requires parkland to be dedicated in all
residential plats. The Planning Department worked closely with the
Law and Parks Department on a proposed amendment, utilizing the
existing King County ordinance as a model. The Planning Commission
held a workshop on the proposal in January 1991 and, at their
February 25, 1991 public hearing, recommended that the attached
subdivision code amendment be adopted by the City Council.
As recommended by the Planning Commission, the park dedication
ordinance would require that any residential subdivision dedicate
five (5) percent of the area for parks and recreation. At the
option of the developer, a fee-in-lieu of dedication may be made to
the City for park development in the vicinity of the subdivision.
Short plats are proposed to be exempted from this requirement.
The proposed subdivision code amendment is related to and
implements the #4 TOP PRIORITY of the City Council' s 1990 Target
Issues: "Developer Requirements for Playgrounds and Passive
Parks" .
FS:mp:PLATMEMO.CC
CC: James P. Harris, Planning Director
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ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, amending the Subdivision Code,
Ordinance 2849, establishing a land dedication
requirement upon subdividers to provide for
public parks and open space; and, alterna-
tively, a method to compute fees in lieu of
land dedication; amending the Kent City Code to
add a new Section 12 . 04 .450, and renumbering
Sections 12 .04. 040 through 12 . 04 . 079 to add new
Sections 12. 04 .041, 12 . 04 . 046, 12 .04 .057 and
12. 04 . 059 .
WHEREAS, there exists in the City of Kent a general and
increasing need for parks, open spaces and recreational
facilities to serve the expanding population of the City; and
WHEREAS, the need for parks, open space and recreational
facilities is acute at the neighborhood and community level due to
population increases from residential development; and
WHEREAS, state statute requires that local governments
make appropriate provision for the establishment of parks and open
space at the time of proposed subdivision approval (RCW 58 . 17. 110) ;
and
WHEREAS, a system of requiring dedication of suitable
land for neighborhood and community parks, open space and
recreation facilities or payment of a fee in lieu of such
dedication from developers at the time of subdivision approval
will more equitably address the needs of the community; and
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WHEREAS, the reference to certain areas as established in
the Parks Comprehensive Plan as park service areas is necessary
for the purpose of defining areas within which land and fees in
lieu of dedication will be accepted and utilized to meet community
and neighborhood park, open space and recreational needs; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 12 . 04 . 040 through 12 . 04 . 079 of the
Subdivision Code (Ordinance 2849, as amended) is hereby renumbered
and amended to add the following definitions:
12 . 04 . 041. Active Recreation. All outdoor recreational
activities which involve field and court games.
12 04 046 Community Park A park twenty (20) to forty
(40) acres in size which provides off-street parking and serves a
population of 10 , 000 to 15 , 000 people located within a two (2) to
three (3) mile service radius.
12 04 057 Neighborhood Park A park five (5) to ten
(10) acres in size which may have off-street parking and serves a
population of 2 , 000 to 10 , 000 people located within a one-half to
one (1) mile service radius.
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12 04 059 Park Service Area Those three areas located
and defined in the Comprehensive Parks Plan of the City of Kent.
as adopted by ordinance which shall be used in determining
eligibility of land under the dedication requirements of Section
12 . 04 .450. herein.
Section 2. The Subdivision Code (Ordinance 2849) is
hereby amended to add the following new section:
12 . 04 450 PARKS AND OPEN SPACE -- DEDICATION OR FEES
REOUIRED Approval of all subdivisions located in either single
family residential or multi-family residential zones as defined in
the Kent Zoning Code Title 15 shall be contingent upon the
subdivider's dedication of land or providing fees in lieu of
dedication to the City all as necessary to mitigate the adverse
effects of development upon the existing park and recreation
service levels This requirement shall not apply to lots of
43 , 500 scruare feet or larger in size planned unit developments or
subdivisions of four (4) or less lots.
A CRITERIA FOR DEDICATION The following criteria
shall serve as a basis for the Parks Department's determination
whether land proposed for dedication is of sufficient size
character and quality:
1. The proposed area for dedication may be located
either within or without the subdivision for which it is required,
but must either be:
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adjacent to an existing or proposed City
park site; or
b. )_ within the same Park Service Area in which
the subdivision is located; or
c. ) within one mile of the subdivision for
which it is required.
2 . The proposed area for dedication shall have
characteristics and location which make it suitable for future
inclusion into the Kent Parks System as determined by the Parks
Director.
3 . With the approval of the Planning Department,
the proposed area for dedication or portion thereof may contain
valuable or sensitive environmental features, preservation of
which is consistent with the City's Comprehensive Plan and/or
Parks and Recreation Plan.
4 . The proposed area for dedication shall in the
determination of the Parks Director, further one or more
Comprehensive Plan policies dealing with the open space element
steep slopes as open space " wetlands as open space agricultural
lands as open space wildlife habitat as open space and heritage
sites as open space.
5. All lots within the subdivision for which
dedication is required shall have legal and convenient access to
the proposed area at the time of final plat approval.
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6. The area proposed by the subdivider for
dedication must consist of an area that is ecrual or greater in
size than the size computed as necessary by the Parks Department,
using the formula described in Section 12 04 450 (B) herein.
7 . The area of proposed dedication shall have a
street frontage equal to at least twenty per cent (20%) of its
perimeter to allow for regular observation of play areas by
residents of the subdivision Alternative design measures that
accomplish the same purpose of security may be approved by the
City.
8 . The topography, soils hydrography and other
Physical characteristics of the area proposed for dedication shall
be of such quality as to allow the development of community or
neighborhood parks or to create a flat dry, obstacle-free spaw...,
on at least fifty per cent (50%) of the total required area in a
configuration which allows for active recreation; shall have no
known safety hazards• ' and shall have no known physical problems
such as the presence of hazardous waste drainage erosion, or
floodincr. that the Director determines would cause inordinate
demands upon public resources for maintenance and operation of the
property to be dedicated to the City.
9 . Dedication to a Homeowner's Association. If it
is determined that the public interest would be served, the land
may be conveyed to a homeowner's nonprofit maintenance corpora-
tion. In this instance the subdivider shall at or prior to the
time of filing a final plat for approval supply the Planning
Department with copies of the articles of incorporation and bylaws
of the grantee organization together with evidence of the
conveyance or of a binding commitment to convey. The articles
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of incorporation shall provide that membership in the corporation
shall be conditioned upon ownership of land in the subdivision,
that the corporation is empowered to assess the land for costs of
construction and maintenance of the improvements and property
owned by the corporation and that the assessment shall be a lien
upon the land The City Attorney shall review and approve the
articles of incorporation and bylaws as to compliance with this
provision The Council may impose other conditions as it deems
appropriate to assure that property and improvements owned by the
corporation will be adequately constructed and maintained.
B. AMOUNT OF LAND TO BE DEDICATED. Subdividers who
dedicate open space or park land pursuant to this section shall
set dedicate five (5) percent of the total property being
subdivided.
C. FEE-IN-LIEU OF OPEN SPACE. Unless a subdivider
dedicates land in accordance with this Section in order to
mitigate the direct impacts identified as a consequence of the
Proposed development the City's final approval of the subdivision
shall be contingent upon payment of a park development fee from
the subdivider to the City.
1. COMPUTATION OF FEE. The fee in lieu of land
dedication for parks and open space shall be determined by
multiplying the following two factors:
a. )_ One hundred and fifty (150) percent of the
average assessed value per unit area of land within the boundaries
of the subdivision; and
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b. ) The gross land area within the subdivision
multiplied by five (5) per cent as set forth in Section
12 04 450 (B) above The average assessed value shall be that for
the year in which the subdivision is granted preliminary plat
approval Computations shall be based upon Kina County Assessor
information.
2 . USE OF FEE BY CITY. The fee-in-lieu of
dedication shall be held in a reserve account at the City, and _ma
only be expended to fund a capital improvement that_has been
agreed upon by the parties to mitigate the identified, direct
impact of the development.
3 TIME LIMITS ON EXPENDITURE The payment shall
be expended in all cases within five (5) years of collection._
D. TIME OF PERFORMANCE When approval of a subdivision
is conditioned upon the dedication of land or the payment`of any
fees-in-lieu of dedication a final plat or short plat shall not
be recorded until:
1 . The Parks Director has determined in writing
that any land to be dedicated is shown on the face of the final
plat or short plat or a deed conveying the land to the City has
been recorded with the King County Department of Records and
Elections.
2 . Conveyance of land to a homeowner's association
shall be done within the time frames specified in Section
12 04 .450 (A) (9) .
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3 . The instrument conveying the land to the City
has been transmitted to the City Council for acceptance of the
dedication by ordinance.
4 . Payment of any fees in-lieu-of-dedication_ have
been made to the City Finance Department.
E. REFUND OF FEE Any payment of fees made pursuant to
this Section that have not been expended within five (5) years of
collection shall be refunded with interest at the rate applied to
judgments to the property owners of record at the time of the
refund PROVIDED HOWEVER that if the payment is not expended
within five years due to delay attributable to the developer, the
Payment shall be refunded without interest.
F. APPEALS Appeals of dedication requirements or
fees-in-lieu-of-dedication imposed pursuant to this Section
12 04 450 shall be governed by the provisions of Chapter 2 . 54 of
the Kent City Code.
Section 3 . Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subsection or
portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the
validity of the remainder of this ordinance, or the validity of
its application to other persons or circumstances.
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Section 4. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED the day of , 1991.
APPROVED the day of , 1991.
PUBLISHED the day of , 1991.
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 hereo
indicated.
(SET
MARIE JENSEN, CITY CLERK
9410-330
9 -
Kent Planning Commission
February 25 , 1991
PROPOSED SUBDIVISION CODE AMENDMENT FOR PARK AND OPEN SPACE
DEDICATION IN RESIDENTIAL SUBDIVISIONS
Fred Satterstrom presented a proposed subdivision code amendment
which is directly related to one of the City Council' s top 1990
target issues. This ordinance requires that developers of
subdivisions dedicate a, portion of the subdivision according to the
guidelines in the proposed subdivision code amendment for open
space. The proposed amendment requires all subdivisions of a
certain size to reserve land in that subdivision for parks. It
would either be dedicated to the City or it would be reserved under
a homeowners ' agreement or some sort of association. It is to be
used for parks and open space purposes. If a developer did not
want to reserve land in that subdivision for parks, they would be
able to pay a fee which would go toward, and can only be used for,
park development. . There is a formula that describes the way in
which that fee is calculated. It would be 1-1/2 times the assessed
value of the land equaling 5% in that plat. The ordinance and
requirement for park dedication would apply to all residential
plats in zones that permit residential subdivisions including the
RA, the R-1 and the multiple family zones .
A memo was distributed addressing the concerns of the Public Works
and Law Departments. Public Works expressed concern with Section 5
of the proposed ordinance which allows stormwater detention areas
to be used partially for recreation if certain design criteria
conditions can be met, i. e. , when the storm is over it drains and
can become dry and usable for recreation. Don Wickstrom felt that
section should be deleted or rewritten since it would be very
difficult to design facilities for both stormwater and recreational
uses. Mr. Satterstrom recommended that Section 5 be deleted.
The Law Department is concerned with the duplicative definitions.
There is already a definition .of "dedication" in the subdivision
code and, therefore, the definition of "dedication" in the proposal
should be eliminated.
The Law Department suggested that they could deal with the
requirements of this proposed amendment in Section III of the
existing subdivision code. Mr. Satterstrom responded that since
they are going to end up writing the ordinance anyway, they can
insert it into the subdivision code where it best fits.
Concern was expressed about the formula which is being used as a
basis for dedicating the park fees. Mr. Satterstrom stated that
the whole formula for the park fee and also for the amount of land
to be required in park dedication is taken from King county' s and
2
Kent Planning Commission
February 25, 1991
Kirkland' s ordinances. There is an industry standard and this
ordinance merely copies this standard.
There is concern over the definition of "park service area" . There
is a definition in the proposed subdivision code amendment and
Mr. Satterstrom felt that to totally clarify that section, if there
is some reference to "as defined in the Kent Parks Plan" , that
should be specific enough to satisfy the Law Department.
Another comment from the Law Department deals with storm water
runoff and that section will be deleted.
Mr. Harris pointed out that we are talking about amending the
subdivision code and not setting up anything separate from the
subdivision code.
Chair Martinez asked for clarification of the Law Department' s
comment that they are currently working on a draft ordinance which
will incorporate their suggested changes.
Mr. Harris answered that the Planning Department just discovered
that the Law Department . is rewriting the subdivision code.
Planning is not interested in rewriting the subdivision code at
this time. They only want to amend a section of it to have "fees
in lieu of" for parks dedication.
One of the concerns of the Commission is why this is not extended
to non-residential plats. There are no other jurisdictions that
actually do that. There are some that are in the process now of
considering imposing a development impact fee on non-residential
forms of development. We would be breaking new ground and it would
slow up this ordinance. For simplicity sake, Mr. Satterstrom
recommended that we not do that at this time.
It was suggested that the wording "in a configuration which allows
for active recreation" in Section 4 .F be deleted so as not to
eliminate the opportunity for this to be used for passive
recreation.
Chair Martinez asked why the dedication technique is ;, being
considered if the development fee is the better method for handling
the impact of non-residential.
Mr. Satterstrom replied that the authority is from the State
subdivision statute. It is a quick and easy way to do this since
there is precedence set by other jurisdictions.
3
Kent Planning commission
February 25, 1991
In response to a question from Commissioner Dahle, Mr. Satterstrom
stated that this would affect only land subdivided for residential
purposes. Rezoning or commercial development would be handled in
a different way because of the Growth Management Act.
Commissioner Haylor questioned the fairness of this ordinance.
Mr. Satterstrom stated that residential developments place a direct
demand on parks, while the need created by commercial developments
is somewhat more distant. Commissioner Faust added that there is
a clear nexus between residential communities and their use of
parks and there is not that kind of a nexus between citizens of
Kent and the use of parks on commercial land.
Commissioner Martinez asked if the Parks Department had a plan in
place for use of the fees collected. Helen Wickstrom of the Parks
Department said that they do have a comprehensive parks plan that
they update on an annual basis.
Commissioner Faust MOVED that the public hearing be closed.
Commissioner Haylor SECONDED the motion. Motion carried.
Commissioner Faust was glad that they got the opinion of the Law
and Public Works Departments before they had to vote and expressed
appreciation to the Planning Department for getting these comments
and responding to them.
Commissioner Faust MOVED to adopt this ordinance in its entirety
except for the deletion in its entirety of Section 5 .
Commissioner Ward SECONDED the motion.
Discussion on the motion followed.
Commissioner Faust withdrew her previous motion and MOVED to adopt
the proposed subdivision code amendment with the following changes:
1. Section 5 be eliminated altogether.
2 . Park service areas are defined in the proposed ordinance under
Definitions as indicated in the memorandum of Fred Satterstrom
under point #3 .
3 . That the wording " . . . in a configuration which allows for
active recreation" in Section 4 . F be deleted.
Commissioner Ward SECONDED the motion. Motion carried.
Commissioner Haylor MOVED to have whatever fee committee is formed
in the City look into a more equitable way ,of collecting a similar
4
Kent Planning Commission
February 25, 1991
fee from commercial developers. Commissioner Ward SECONDED the
motion. Motion carried.
ELECTION OF OFFICERS
Commissioner Dahle MOVED to elevate Vice Chair Faust to the
position of Chair. Commissioner Haylor SECONDED the motion.
Motion carried.
Commissioner Ward MOVED to nominate Linda Martinez for Vice Chair.
Commissioner Dahle SECONDED the motion. Motion carried.
ADJOURNMENT
Commissioner Faust MOVED to adjourn the meeting. Commissioner Ward
SECONDED the motion. Motion carried. The meeting was adjourned at
8 : 25 p.m. .
Respectfully submitted,
ame P. Harris, Secretary
:T
5
Kent City Council Meeting
1 Date March 19 , 1991
Category Other Business
1. SUBJECT: MASSAGE PARLOR LICENSING
2. SUMMARY STATEMENT: Staff requests adoption of Ordinance )11j/�
exempting State licensed massage practitioners from having to
obtain city permits but requiring those who run massage parlors
or public bathhouses to obtain a city business license.
3. EXHIBITS: Ordinance
4 . RECOMMENDED BY: Public Safety Committee
(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 k#,,'"'j moves, Councilmember seconds
for the adoption of Ordinance ,-- l` evising the regulations
applicable to massage parlors and bathhouses.
DISCUSSION•
ACTION•
Council Age da
Item No. 4EV
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, establishing Chapter 5.27 of the
Kent City Code and repealing Chapter 5.28
revising the regulations applicable to massage
parlors and bathhouses.
WHEREAS, Chapter 5. 28 of the Kent City Code previously
established regulations and procedures relating to the licensing
and operation of massage parlors and bathhouses; and
WHEREAS, the City Council recognizes the growth of
legitimate licensed massage therapy and seeks to distinguish thes
practitioners from the area of adult entertainment; and
WHEREAS, the City Council wishes to establish Kent City
Code Chapter 5. 27 to distinguish between massage parlors and
bathhouses and other types of massage therapy; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS: '
Section 1. New Chapter. Chapter 5. 27 of the Kent City
Code is hereby established to read as follows:
CHAPTER 5. 27
MASSAGE PARLORS AND BATHHOUSES
5. 27 . 010. DEFINITIONS. For the purpose of this chapter
and unless the context plainly requires otherwise, the following
definitions are adopted:
i
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A. "Massage" means any method of treating the body by
rubbing, kneading or manipulation and may include the methods of
effleurage, petrissage, tapotement, tapping, compressions,
vibration, friction, nerve stokes, and Swedish gymnastics or
movements either by manual means, as they relate to massage, with
or without the aids of superficial heat, cold, water, lubricants,
or salts.
B. "Massage practitioner" means any person, except
those excluded by 5.27 .040 who engages in the practice of massage
as defined in subsection (A) of this section.
C. "Massage premises" means any place, except a home
where only residents therein are treated, where massage is given
or furnished.
D. "Public bathhouse" means any place open to the
public where Russian, Turkish, Swedish, hot air, vapor, electric
cabinet or other baths of any kind are given or furnished;
provided that such term shall not include ordinary tub baths where
an attendant is not required.
E. "Reducing salon" means any place which utilizes
mechanical equipment as the exclusive means of treating the body
as distinguished from treatment by rubbing, kneading, or
manipulation by another person.
5. 27. 020. LICENSE - REQUIRED.
A. No person shall engage in or carry out the business
of massage parlor or bathhouse unless he/she has a valid massage
business license issued by the state and the City pursuant to the
2 -
i
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provisions of this chapter for each and every separate office or
place of business conducted by such person.
B. All licenses shall expire on the thirty-first day of
December of each year, or part of a year. There shall be no
proration of the yearly license fee.
C. The fee for a reducing salon or public bathhouse
license is Two Hundred Forty Dollars ($240. 00) per year; the fee
for massage premises is Eighty Dollars ($so. 00) per year.
D. No such license shall be granted for any massage
premises, public bathhouse or reducing salon until inspection and
report by the Planning and Fire Departments as to the compliance
with City codes is made to the City Clerk. Massage premises,
public bathhouses, and reducing salons must be similarly inspected
at least once a year when renewal of a license is requested, and
must at all times be open to inspections by the City as to
sanitary conditions and to enforce compliance with the provisions
of this chapter.
E. Original application for suc4 license shall be made
and original licenses issued in the following manner and the
application shall include the following information:
1. The name, home address, home telephone number,
date and place of birth, and social security number of the
applicant if the applicant is an individual;
2 . The business name, address and telephone number
of the establishment;
3 -
3 . The names, addresses, telephone numbers, and
social security numbers of any partners, corporate officer or
directors, or other persons who have management responsibilities "
in connection with the business, specifying the responsibilities
of each;
i 4 . Terms of any loans, leases, secured transactions
and repayments therefore relating to the business.
F. All applications for a massage business/public
bathhouse shall be submitted in the name of the person or entity
proposing to conduct such massage business/public bathhouse on the
business premises and shall be signed by such person or his agent
and notarized or certified as true under penalty of perjury. All
applications shall be submitted on a form supplied by the City
Clerk, which shall require the following information:
G. It is unlawful for the owner, proprietor, manager,
or such person in charge of any public bathhouse or reducing salo
to employ in such place any person who is not at least eighteen
(18) years of age and of good moral character.
H. It is unlawful for the owner, proprietor, manager,
or such person in charge of any massage premises to employ in suc
place any person who is not at least eighteen (18) years of age.
I. It is unlawful to advertise the giving of massages
or public baths by an establishment, massage practitioner or othe
person not licensed pursuant to this subtitle.
J. A record of all massage treatments showing the date
given, the name and address of the recipient, and the name and .
4 -
I
address of the massage practitioner shall be kept and be open to
inspection by the Police Department and Code Enforcement
inspectors at all times.
5. 27 . 030. MASSAGE PRACTITIONER'S LICENSE.
A. Application for a massage practitioner's business
permit shall be made to the office of the City Clerk in the same
manner as provided for massage business or public bathhouse
licenses. It shall be accompanied by the annual nonrefundable,
nontransferable massage practitioner's permit fee of Fifth.
($50.00) Dollars per year and proof of a valid Washington State
license. There shall be no proration of the yearly permit fee. AII
separate permit shall be obtained for every establishment at whicH
the applicant will practice.
B. The application shall contain but not be limited to
the following:
1. The applicant's name, home address, home
telephone, date and place of birth;
2 . A letter indicating the applicant will be
self-employed, or a letter from the owner of the business
indicating intent to employ or sponsor the applicant; and
3. Written proof that the applicant is eighteen
years of age or older. Written proof shall mean the following:
a. A motor vehicle operator's license issued by
any State bearing the applicant's photograph and date of birth;
- 5 -
ii
' I
b. An identification card issued by the State
of Washington which bears the applicant's photograph and date of
birth; or
C. A passport.
4. Written proof that the applicant has obtained a
current massage practitioner's license pursuant to RCW 18. 108.
C. Applications will be submitted to a background check
in accordance with the procedures of the law enforcement authority
for the City.
D. A license shall be issued within four weeks of
receipt of a completed application form and the license fee,
provided that there are no grounds to deny the license pursuant J
this ordinance.
E. Massage Practitioner. All applications for a
massage practitioner's license shall be signed by the applicant
and notarized or certified to be true under penalty of perjury.
5.27 . 040. EXEMPTIONS. This chapter shall not apply to:
A. Licensed massage practitioners licensed by the State
before September 1, 1988, who also hold a valid and current
massage operator's license issued by the City of Kent, who are
performing services within their authorized scope of practice.
B. Licensed massage practitioners originally licensed
by the State on or after September 1, 1988, and who are performing
services within their authorized scope of practice.
6
C. The practice of a profession by individuals who are
licensed, certified or registered under the laws of the State,
other than Chapter 18 . 108 RCW pertaining to licensed massage
practitioners, and who are performing services Within their
authorized scope of practice.
D. Massage practiced at the athletic department of any
school or college approved by the State Department of Licensing b
rule using recognized national professional standards.
E. An individual giving massages in their home to
members of their immediate family.
F. Physicians, surgeons, chiropractors, osteopaths, i
acupuncturists, or physical therapists who are duly licensed or
certified to practice their respective professions in the State o
Washington.
G. Persons practicing massage under the direct
supervision of physicians, surgeons, chiropractors, osteopaths, o
physical therapists duly licensed by the State of Washington.
Direct supervision shall mean that the massage is given on the
premises of or in the presence of such physicians, surgeons,
chiropractors, osteopaths, or physical therapists.
H. Nurses who are registered as such under the laws of
the State of Washington and who act under the direction and
control of a duly licensed physician.
I. Persons authorized by the laws of this State as
barbers and cosmetologists, provided that such massage as is
practiced is within their authorized scope of practice.
7 -
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I
J. Massage practiced at the athletic department of any
institution maintained by the public funds of the State, or any of
its political divisions.
K. Massage practiced at the athletic department of any
school or college accredited by the Northwest Association of.
Secondary and Higher Schools.
5. 27. 050. LICENSE OR PERMIT - ISSUANCE. The City Clerk
shall issue a license for a massage business or public bathhouse,
or a permit for a ,massage practitioner upon verification of the
Departments set forth in KCC 5.27 . 020, supra, unless:
A. The permit or license fee has not been tendered to
the City or, in the case of a check or bank draft, has been
dishonored upon presentation.
B. The operation as proposed by the applicant does not
comply with all applicable laws, including but not limited to
building, zoning and health codes.
C. The applicant has knowingly made any false, mis-
leading, or fraudulent statement of fact in the permit application
or in any document required' by the City in conjunction therewith.
5.27. 060. EFFECT OF LICENSE DENIAL. ' If any applicant
has his or her license denied pursuant to Section 5.27.050 of this
ordinance, a license may not be granted within three years from
the date of such denial provided such denial was based on a
conviction classified as a felony. Convictions as a result of
misdemeanors will preclude the issuance of a license under this
- 8 -
i
ordinance for a period of at least one year from the date of such
denial. All applicants must comply with all application
procedures pursuant to this ordinance.
5. 27. 070. LICENSE - NONTRANSFERABLE. No license or
permit shall be transferable.
5. 27. 080. LICENSE - POSTING AND DISPLAY.
A. Every massage practitioner shall post his/her permit
in his/her work area so it is readily available for public
inspection.
B. Every person, corporation, partnership, or
association licensed under this chapter shall display such license
in a prominent place. The name of the manager on duty shall be
prominently posted during business hours.
5. 27 . 090. LICENSE - MULTIPLE LOCATIONS. Should any
massage business or public bathhouse have more than one location
where the business of massage is pursued, a permit stating both
the address of the principal place of business, and the other
location(s) shall be issued by the City Clerk upon the tender of a
license fee of one hundred 'dollars ($100.00) for each location.
Licenses issued for such locations shall terminate on the same
date as that of the principal place of business, regardless of the
date of issuance.
5. 27 . 100. LICENSE - NAME OF BUSINESS AND PLACE OF
BUSINESS. No person granted a license pursuant to this chapter
shall operate the massage business or public bathhouse under a
name not specified in his license, nor shall he/she conduct
business under any designation or location not specified in
his/her license.
- 9 -
5. 27. 110. LICENSE REVOCATION OR SUSPENSION. A massage
business license issued by the City Clerk shall be revoked or
suspended where it appears that the operator has made a false
statement on an application for the license, or has committed an
act in violation of this chapter. The license shall not be
reinstated for six months.
5. 27 . 120. LICENSE - SALE TRANSFER OR RELOCATION. Upon
sale, transfer or relocation of a massage business or public
bathhouse, the license therefore shall be null and void unless
approved provided in Section 5.28.050; provided, however, that
upon the death or incapacity of the licensee or any co-licensee of
the massage business or public bathhouse, any heir or devisee of a
deceased licensee, or any guardian of an heir or devisee or a
deceased licensee may continue the business of the massage
business or public bathhouse of a reasonable period of time not
exceed sixty (60) days to allow for an orderly transfer of the
license.
5. 27. 130. HOURS OF BUSINESS. No massage business or
public bathhouse shall be kept open for any purpose between the
hours of to p.m. and 8 a.m.
r
5.27 . 140. UNLAWFUL ACTS.
A. It is unlawful for any person in a massage business
or public bathhouse to place his or her hand or hands upon, touch
with any part of his or her body, fondle in any manner or massage
a sexual or genital part of any other person.
B. It is unlawful for any person in a massage business
or public bathhouse to expose or permit to be exposed his or her
10 -
I
sexual or genital parts, or any portion thereof, to any other
person.
C. It is unlawful for any person, while in the presence
of the other person in a massage business or public bathhouse, to
fail to conceal with a fully opaque covering, the sexual or .
genital parts of his or her body.
D. It is unlawful for any person owning, operating or
managing a massage business or public bathhouse knowingly to
cause, allow or permit in or about such massage business or public
bathhouse, any agent, employee, .or any other person under his
control or supervision to perform such acts prohibited in
subsections (A) , (B) , (C) or (F) of this section.
E. It is further unlawful for any permittee under this
chapter to administer massage on an outcall basis within the City
of Kent. Such persons shall administer massage solely within an
establishment licensed to carry on such business under this
chapter. The restriction on outcall massage shall not apply to a
permittee who performs outcall massage as defined in this chapter
upon a customer or client who because of reasons of physical
defects or incapacities or due to illness is physically unable to
travel to the massage business or public bathhouse.
F. It is unlawful for any massage service to be carried
on within any cubicle, room, booth, or any area within a massage
business or public bathhouse which is fitted with a door capable
of being locked.
- it -
5.27 . 150. OPERATING REQUIREMENTS.
A. Every portion of the massage business or public
bathhouse, including appliances and apparatus, shall be kept clean
and operated in a sanitary condition.
B. Price rates for all services shall be prominently
posted in the reception area in a location available to all
prospective patrons.
C. All employees, including massage operators, shall be
clean and wear clean nontransparent outer garments covering the
sexual and genital areas as a minimum.
D. Each massage business or public bathhouse shall be
provided with clean, laundered sheets and towels in sufficient
quantity and shall be laundered after each use thereof and stored
in a sanitary manner.
E. No massage business or public bathhouse granted a
license under the provisions of this chapter shall place, publish
or distribute or cause to be placed, published or distributed any
advertisement, picture, or statement which is false, deceptive, o
misleading in order to induce any person to purchase or utilize
any professional massage services.
5.27. 160. BUILDING REQUIREMENTS. No license to conduct
a massage business or public bathhouse, shall be issued unless an
inspection by the Building Official reveals that the establishmen
complies with each of the following minimum requirements:
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I
A. Construction of rooms used for toilets, tubs, steam
baths and showers shall be installed in accordance with the
Uniform Building Code, 1982 Edition or as the same may be
hereafter amended.
B. Steam rooms and shower compartments shall be
installed in accordance with the Uniform Building Code, 1982
Edition or as the same may be hereafter amended.
C. Floors of wet and dry heat rooms shall be adequately
pitched to one or more floor drains properly connected to the
sewer; exception: dry heat rooms with wooden floors need not be
provided with pitched floors and floor drains.
D. A source of hot water must be available within the
immediate vicinity of dry and wet heat rooms to facilitate
cleaning.
E. The premises shall have adequate equipment for
disinfecting and sterilizing nondisposable instruments and
materials used in administering massages. Such nondispensable
instruments and materials shall be disinfected after use on each
patron.
F. Closed cabinets shall be provided and used for the
storage of clean linen, towels and other materials used in
connection with administering massages. All soiled linens, towel
and other materials shall be kept in properly covered containers
or cabinets, which containers or cabinets shall be kept separate
from the clean storage areas.
13 -
G. Toilet facilities shall be provided in convenient
locations. When employees and patrons of different sexes are on
the premises at the same time, separate toilet facilities shall b
provided for each sex. A single water closet per sex shall be
provided for every twenty or more employees or patrons of that se
on the premises at any one time'. Urinals may be substituted for
water closets after one water closet has been provided. Toilets .
shall be designated as to the sex accommodated therein.
H. Lavatories or washbasins provided with both hot and
cold running water shall be installed in either the toilet room o
a vestibule. Lavatories and washbasins shall be provided with
soap and single service towels.
I. All electrical equipment shall be installed in
accordance with the requirements of the State Department of Lab
and Industry Electrical Code.
J. A separate dressing room for each sex must be
available on the premises with individual lockers for each
employee. Doors to such dressing rooms shall open inward and be
self closing.
K. Nothing contained in this chapter shall be construe
to eliminate other requirements of statute or ordinance concernin
maintenance of premises, nor to preclude authorized inspection
thereof, whenever such inspection is deemed necessary by the
police or health departments.
5. 27 . 170. VIOLATION - PENALTY. Every person, except
those persons who are specifically exempted by this chapter,
whether acting as an individual owner, operator, employee, or
- 14 -
agent or independent contractor of the owner, employee or
operator, or acting as a participant or worker in any way directl
or indirectly who gives massages or operates a massage business o
public bathhouse, or any of the services defined in this chapter
without first obtaining a license or permit and paying a fee to do
so from the City, or who violates any provisions of this chapter,
shall be guilty of a misdemeanor. Upon conviction such person
shall be punished by a fine not to exceed five thousand dollars
($5, 000. 00) , or by imprisonment for a period not to exceed twelve
(12) months, or by both such fine and imprisonment.
Section 2 . The provisions of this ordinance are declare
to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivisions, section or portion of this
ordinance, or the invalidity of the application thereof to any
person or circumstances shall not affect the validity of the
remainder of the ordinance, or the validity or its application to
other persons or circumstances.
Section 3 . Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 4 . Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
DAN KELLEHER, MAYOR
15 -
(� Kent City Council Meeting
Date March 19. 1991
Category Bids
1. SUBJECT: CENTENNIAL CENTER FURNISHINGS
2. SIIPII�fARY STATEMENT: �iV, Bid opening was held on February 22 with
five bids received. The Bid Evaluation Committee unanimously
recommends accepting the bid from Turnkey, the second lowest
bidder, in the amount of $272,964.41. _-`^*�==ned-
-�—t3r��it1-'at�nttry.
3 . EXHIBITS: Memo bid summary with justification for selecting
second lowest bid and memo outlining budget and quantities and
other estimated costs associated with the project
4 . RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAUPERSONNEL IMPACT: NO X YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $301, 312 .81
SOURCE OF FUNDS: Centennial Center Furnishinas Project
7 . CITY COUNCIL ACTI N: y
Councilmember d'-J/U moves, Councilmember / �'�-f,(,'yI-4'-1 seconds
that the bid submitted by Turnkey in the amount of $272,964 .41
be accepted.
DISCUSSION•
ACTION:
Council Agenda
�_ f Item No. 5A✓
DATE: March 12 , 1991
TO: Operations Com i tee
FROM: Charlie Linds y
SUBJECT: Centennial Center Furnishings
The award of the bid for furnishings for the Centennial
Center will be for a 100% replacement of panels, worksur-
faces, and shelving. This will replace 197 workstations.
Some additional costs associated with the purchase are
installation and wiring for electrical, computer and
telephones are listed in the following cost breakdown.
Remaining budget for this project $329 , 874 . 00
Less:
Reception area furniture $7 , 000. 00
GLY Change Order #66 5, 000. 00
GLY doorknob change est 6, 300. 00
(18 , 300. 00)
Net Budget $311, 574 . 00
Estimated Furnishings Cost
Quanity Description Cost
938 System Panels $125, 056. 63
197 Work Surfaces 28 , 746. 56
292 Drawer Pedestals 52 , 297 . 31
302 Overhead Units 19 , 477 .41
78 Casegoods 15, 611. 61
Woodtrim for all 11, 088 . 11
Sub Total $252 , 277 . 63
Wsst 20 , 686 . 68
Total Bid $272 , 964 . 41
Estimated Installation Cost $ 26, 200. 00
Wsst 2 , 148 . 40
Total Installation 28 , 348 . 40
Total Furnishings Cost ($301 , 312 . 81)
Remaining Budget $ 10, 260 . 38
MEMO
DATE: February 26, 1991
TO: IBC and Operations Committee
FROM: Charlie Lindsey
SUBJECT: Centennial Center Furniture Bids. .
We solicited bids for Panels, Worksurfaces, and Casegoods for the
Centennial Center furnishings using products as formaldehyde free as
possible with an alternate using products meeting OSHA and HUD stand-
ards for formaldehyde offgassing. The results were:
Company Primary Bid Alternate Bid
Interior Woods $ 365, 802 . 56 $ 338 ,702 . 59
Magna Design 298 , 184 . 44 254 , 080. 86
Business Environment -0- 271, 522 . 16
Turnkey 272 , 964 . 41 257 , 444 .94
Mywest 261, 078 . 00 247 , 859 . 00
The selection committee consisting of Karen Siegel, Lynn Hoffman-Gross
Margaret Porter, Tom Vetsch and Myself are pleased to recommend that
the bid be awarded to Turnkey, the second lowest bidder, and did not
select the Mywest product for the following reasons.
1. The Mywest Product was not of the quality we were looking for.
2 . Drawer edges were PVC coated and our experience shows this does
not hold up well over time.
3 . Panels did not meet minimum requirements for noise reduction.
4 . Panels did not appear to be able to stand up to reconfiguration
and heavy use and abuse over the long haul .
The 'committee recommends the Turnkey product for the following:
1. Local firm based in City gives better control over manufacture
and delivery and brings tax dollars back into the city.
` 2 . Constructed of solid wood products and overhead shelving can be
mounted on walls or panels.
3 . Product fully meets the noise reduction requirements as specified.
4 . Sales staff has vast amount of experience and fully committed to
supporting the product.
n N 1 Kent City Council Meeting
Date March 19, 1991
Category Bids
SUBJECT: UNDERGROUND STORAGE TANK REMOVAL AND ABOVEGROUND
TANK REPLACEMENT
SUMMARY STATEIGM: Bid opening was held February 15 with six
bids received. The low bid was submitted by R. W. Scott in the
amount of $54, 084.85. After review of the bids and the project
funding, it was determined that in order to award the contract
it would be necessary to transfer $31,400 from the West Hill
Pumping and Distribution Project Fund (W42) and $5,950 from the
Riverview RV Park Sewer Project Fund (D52) .r�>2BC has recommended
approval of this transfer
s
3 . EXHIBITS: Memorandum from the Public Works Director and a bid
summary
4 . RECOMMENDED BY:
(Committee, Staff, Ex finer, Commission, etc. )
11�
5. UNBUDGETED FISMtZPERSONNEL IMPACT: NO YES _
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
;
' . Jr
Councilmember �, R i � move, Co 1pe�I`"�mbey fonds
that $31,400 be transferred from the West Hill Pumping and
Distribution Project Fund, $5,950 from the Riverview RV Park
Sewer Fund and that the project be awarded to R. W. Scott for
the bid amount of $54, 084.85. �r �� C c� �� c� �d� CX r)c �-
ry\C"f-7 a 41 ,ir:x Y Y t ti'(A
DISCUSSION•
ACTION•
Council Agenda
Item No. 5B�
DEPARTMENT OF PUBLIC WORKS
March 13, 1991
TO: Mayor Kelleher anCity Council
FROM: Don Wickstrom
RE: Underground Storage Tank Removal and Above Ground Tank
Replacement
Bid opening was February 16 with six bids received. The low bid
was submitted by R.W. Scott in the amount of $54, 084 .85 .
This project brings the underground tanks at Linda Heights, Meadow
Hills, Pump Station #5 and Pump Station #4A into compliance with
the new State law which imposes more stringent requirements for
underground tanks. The current project budget is $37, 000. In
order to award the project and meet the deadlines established for
these tank replacements, it is recommended that $31, 400 be
transferred from the West Hill Pumping and Distribution project
fund and $5, 950 transferred from the Riverview RV Park sewer fund
and that the project be awarded to R.W. Scott for the bid of
$54 , 084 . 85. IBC has approved these transfers.
BID SUMMARY
R.W. Scott $ 54, 084 .85
CEcon Corp 57 , 237 . 80
Trecon, Inc. 59,214 . 62
Premium Construction 61, 614.49
Washington Mechanical 86, 112 . 05
Robison Construction - 110, 364 . 00
MCCARTHY,TONY / KENT70/FN - HPDesk print.
-----------------------------------------
Subject: UNDERGROUND FUEL TANK REMOVAL & INSTALLATION - FISCAL NOTE
Creator: Tony MCCARTHY / KENT70/FN Dated: 03/14/91 at 1629..
THE PUBLIC WORKS DEPARTMENT IS REQUESTING AUTHORIZATION TO INCREASE THE
FUEL TANK REMOVAL & INSTALLATION BUDGET TO $74, 350 FROM $37, 000. THE
INCREASE IS NEEDED TO PROVIDE ADEQUATE BUDGET TO AWARD THE BID TO THE
LOW BIDDER, R. W. SCOTT. THE PROJECT BUDGET WAS UNDERESTIMATED WHEN IT
WAS ORIGINALLY PREPARED. THE PROJECT IS FOR REMOVAL AND INSTALLATION OF
4 DIESEL FUEL TANKS ON WATER AND SEWER PUMP SIGHTS. FUNDING IS REQUESTED
WITH $31,450 TO COME FROM WEST HILL PUMPING PROJECT WHICH HAS A BALANCE
AND $5,950 TO COME FROM THE RIVERBEND RV SEWER PROJECT WHICH IS DEAD
SINCE THE LAND HAS BEEN SOLD.
SINCE THE FUEL TANK REMOVAL IS REQUIRED BY FEDERAL LAW, THE IBC RECOMMENDS
APPROVAL OF THE BUDGET CHANGE TO $74, 350 AND AWARDING OF THE BID TO THE LOW
BIDDER. HOWEVER, THE IBC RECOMMENDS THAT THE FUNDS COME FROM THE RESPECTIVE
WATER & SEWER FUND BALANCE. THE FUNDS WOULD BE AVAILABLE AFTER THE UNNEEDED
$31,400 FROM THE WEST HILL PUMPING PROJECT & THE $20r856 FROM THE DISCONTINUED
SEWER PROJECT ARE TRANSFERED BACK TO THE ORIGINATING WATER AND SEWER FUNDS.
Kent City Council Meeting
Date March 19, 1991
Category Bids
1. SUBJECT: RUSSELL ROAD SOFTBALL FIELD LIGHTING
2 . SUMMARY STATEMENT: Bid opening was held March 12, 1991 with five
bids received. The low bid was submitted by Service Electric Company, Inc.
of Woodinville, WA in the amount of $77,777.00. After review of the bids
andfroject funding, it was determined that in order to award the base bid
contract, it would be necessary to reallocate $12,500.00 in the Parks
Maintenance budget to cover project costs. The only alternative is to
reject the bids and readvertise the project which would delay the project
until fall .
c� (� c"�.
y. euoa4' hAa
! .�iz'cl •�. �� leG 11C+1 nri t< 1c
�'
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Yy(� i.%t
t"P2+-c> �� LY- 'C, tx Llly fl Cz. I f C:� .L.! kCt Ll lX Ll1 Y E
{�, . Ci/l
3 . EXHIBITS: Memo, Tisc 1 Note
4 . RECOMMENDED BY: Parks De artment Staff Law Department
(Committee, Staff, xaminer, Commission, etc. )
c
s
JI
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
FISCAL/PERSONNEL NOTE Recommended Not Recommended
(see attached fiscal note)
6. EXPENDITURE RE UIRED:I $ 77 777.00 plus tax = $84,154.71
SOURCE OF FUNDS: 0,UUU Citybudget
1,700 Russell Roal—dilectrica upgrade
Parks Maintenance Budget
7 . CITY COUNCIL ACTION
Councilmember { moved,
Service Electric Company, Inc. 440 the bial amount of $77,777.00 plus tax,
with project costs being allocated rom approveU. I .P. and Parks Maintenance
budgets. ) f d � ieE � � , �� n C��arr � ec�
DISCUSSION•
ACTION:
REVISED
Council Age9da
Item No. 5CJ
MCCARTHY,TONY / KENT70/FN - HPDesk print.
-----------------------------------------
Subject: RUSSELL ROAD SOFTBALL FIELD LIGHTING - FISCAL NOTE
reator: Tony MCCARTHY / KENT70/FN Dated: 03/19/91 at 1143 .
THE PARK DEPARTMENT IS REQUESTING APPROVAL OF A BID FOR RUSSELL ROAD SOFTBALL
FIELD LIGHTING IMPROVEMENTS AT A COST OF $77, 777 PLUS TAX OR $84 , 155. THERE
IS CURRENTLY BUDGETED $70, 000 IN THE CIP FOR THE LIGHTING AND $1, 700 IN THE
PARKS MAINTENANCE OPERATING BUDGET FOR RUSSELL ROAD ELECTRICAL UPGRADES.
THE PARKS DEPARTMENT IN CONSULTATION WITH THEIR ARCHITECT FEEL THEY CAN
ISSUE PROJECT CHANGE ORDERS IN ADDITION TO CHARGING THE LIGHT FIXTURES TO
THE PARKS MAINTENANCE OPERATING BUDGET. THESE ACTIONS WILL BRING THE PROJECT
WITHIN THE EXISTING CIP BUDGET. THE PARKS MAINTENANCE OPERATING BUDGET CAN
ABSORB THE FIXTURE COSTS BY DELETING THE SPACE NEEDS ASSESSMENT AND SOME
FERTILIZER BUDGET IF OTHER BUDGET SAVINGS DON'T OCCUR.
SINCE THE PROJECT IS OVER BUDGET, COULD BE REDUCED BY CHANGE ORDERS AND DOES
NOT INCLUDE ARCHITECT FEES OF $8, 800, THE IBC RECOMMENDS ONE OF TWO OPTIONS:
1) REBID WITH REVISED SPECIFICATIONS, OR
2) ACCEPT THE LOWEST BID, ISSUE CHANGE ORDERS AND CHARGE ANY EXCESS COSTS
TO THE PARK DEPARTMENT OPERATING BUDGET.
CITY OF RENT
PARKS AND RECREATION DEPARTMENT
March 19, 1991
TO: Mayor Dan Kelleher
City Council Members
City Administraton
FROM: Barney Wilson
PREPARED BY: Helen Wickstrom �N\�)
SUBJECT: RUSSELL ROAD SOFTBALL FIELD LIGHTING PROJECT
Bid opening was March 12 , 1991 with five bids received. The low
bid was submitted by Service Electric Company, Inc. in the amount
of $77,777 . With tax, the project cost is $84, 154 .71. The current
project budget is $70, 000 from the C. I.P. and $1,700 in the Parks
Maintenance budget for Russell Road electrical upgrade.
In order for the Parks Department to complete this project in time
for high-use summer scheduling, construction constraints require us
to ask the Council to award the contract this evening. In that
event, every attempt will be made to reduce project costs to within
budget through the issuance of change orders to the contract. Our
discussions with the project architect lead us to believe that
sufficient changes can be made to the project to bring it within
the original $71, 700 budget.
However, if change orders will not bring the project within budget,
it may be necessary to reallocate up to $12 , 500 in currently
available funds from the following accounts in the Parks
Maintenance budget:
$11, 500 from Acct. 001-P00-6660-4190 Space Needs Assessment
1, 000 from Acct. 001-P00-6660-3220 Fertilizer
$12 , 500
Alternatively, the Council could reject all bids, adjust the bid
proposal consistent with planned change orders, republish and
readvertise for bids, and then hopefully award the contract. In
this event, though, the inherent delays in rebidding the project
would make it unfeasible to complete the project before peak summer
use, as originally planned. Because late construction would
restrict, rather than expand, available scheduled field time,
construction would have to be delayed until the fall . The lighted
field will give flexibility in scheduling and ease the task of
rescheduling rainouts.
Mayor Dan Kelleher
City Council Members
City Administration
March 19, 1991
Page Two
Because of certain legal constraints imposed on the City in its
bidding process, the law department has instructed us that if the
Council should decide to accept the low bid today, the proper
procedure, given these facts and time constraints, is to accept the
low bid as offered (even though it is over budget) , based on the
committed project funds and on the available Parks Maintenance
budget funds. Then, after the bid is accepted, the City can issue
change orders to the contract to bring the project back within
budget.
MAR-13-1991 11:31 FROM THE ORB ORGANI HTION INC -ii F ti;yBG H.01/04
vM3M30 OR 3 4303M .A1%T=ZAwW=430W3INC.
ARCHITECTS PLANNERS ' ENGINEERS
March 12, 1991
City of Kent
Parks and Recreation Department
220 Fourth Avenue South VIA FACSIMILE
Kent, Washington 98032-5895
Attention: Ms. Helen Wickstrom
Superintendent of Parks Administration
and
Mr. Jack Ball
Maintenance Superintendent
Project: Kent Parks and Recreation
RUSSELL ROAD PARK SOFTBALL FIELD LIGHTING
Subject: Bid Analysis and Recommendation
of Contract Award
Ladies and Gentlemen:
On Tuesday,March 12, 1991,at 10.00 A.M. PST Bid Proposals were received for construction of
the Russell Road Park--Phase 4--Softball Field Lighting.
Proposals were received from five(5) General Contractors. A copy of the Bid Tabulation Form
is being provided under separate cover for you review and use.
The following is ORB's analysis and recommended approach.
607 SW Grady Way,Suite 210,Rentoa,Washington 99066.29777(206)226-3622/FAX(206)226.9115
MAR-13-1991 11:31 FROM THE ORE ORGANIZATION INC TO 0593983 P.02iO4
•a
City of Kent
Page 2
March 12, 1991
The Base Bids received were in descending order as follows:
CONTRACTOR BASE BID UNIT PRICE BIDS:
PROPOSAL
ITEM NO.1 ITEM NO.2
REDUCED Ball Field ADDITIONAL
Lighting Fixtures Ball Field Li$hting
Fixtures per each
=it
5) signal Electric $89,950.00 4378.00 EA-> $378.00 EA.
9012 South 208th 415,876.00> $15,676.00
Kent,WA
Glen Bowen
872-7177
Fax:395-0556
4) Northwest Electric Company 584,200.00 [$282.00 EA.> $338.00 EA.
13032 NE 177th Place t5111844.00> 514,196.00
woo"viRe,WA 98072
Richard Patten
487-0222
Fax:483-1664
3) Floodlight Control Corporation $83,500.00 6350.00 EA.> $350.00 EA.
11M-117th Place NE 614,700.00> $14,700,00
Kirkland,WA 98033.
Robert Allert
822.5764
2) Amaya Electric $81,985.00 <5275.00 EA.> $286.50 EA.>
2519104th Street <$9,450.00a $12,033.00
Tacoma,WA 98498
John Amaya
SSZ4566 FAX:582-8568
1) service Electric $77,777.00 4225.00 EA.> $225.00 EA.
16507140th Place NE,Bldg.G. 69A50.00> $9A50.00
Woodinville,WA 98072
Todd Kottsidc
483-M60 FAX:4863927
$65,192.00 <$288.00 EA> $315.00 EA.
The Eagtnears Cs12,096.00> $13,230.00
Estimate of Probable Costs—
The Bid Proposal received from Service Electric of Woodinville,Washington is the Low Base Bid.
The Unit Price Bids, Items No. 1 and No. 2 were requested to allow some flexibility in the
MAR-1�-].��''_ 1 1
City of Kent
Page 3
March 12, 1991
Award of the initial Construction Contract in the event they become a necessity due to
budgeting constraints.
Item No. 1 allows for Deductions in lighting fixture quantities on a per unit basis (maximum of
42 units) to the maximum dollar amount shown.
Item No. 2 allows for the Addition of lighting fixture quantities on a unit price basis to the
maximum dollar amount shown and number of fixtures as may have to be deleted by unit price
bid, Item No. 1.
To the best of our understanding, the maximum funds available for construction costs on this
project is currently $71,700.00.
The low Bid of$77,777.00 received from Service Electric,is some$6,077,00 above the construction
funds as we currently understand them to be.
In light of this situation, ORB is recommending that the City of Kent exercise their option to
accept the total value or Unit Price Bid No. 1 as a Deduct or Deduction of the Base Bid Amount.
This would result in the following adjustment to each Contractors Base Bid Amount:
BASE BID ADJUST E�2 VISED
PROPOSAL
5) Signal Electric $89,950.00 <$15,876.00> _ $74,074.00
4) Northwest Electric Company $84,200.00 <$11,844.00> _ $72,356.00
3) Floodlight Control Corporation $83,500.00 <$14,700.00> _ $68,800.00
2) Amaya Electric $81,985.00 <$ 9,450.00> _ $72,535.00
1) Service Electric $77,777.00 <$ 9,450.00> — $68,327.00
ORB recommends that a General Construction Contract in the amount of$68,327.00 be awarded
to:
Service Electric
16507140th Place Northeast
Building C
Woodinville, Washington 98072
Telephone: 1-483-0260
Fax 1486-3927
Attention: Mr. Todd Kottsick
MAR-13-1991 11:32 FROM THE ORB ORGANIZATION INC TO 851931:383 F•04/04
City of Kent
Page 4
March 12, 1991
Additionally, ORB recommends that the City of Kent,,grior to issuing a Notice-To-Proceed to
the Contractor,direct ORB and Service Electric to negotiate an acceptable reduction in the project
costs which would bring them within the project funds currently available as well as adding
back the$9A50.00 cost of the 42 lighting fixtures initially deleted.
ORB is confident that it is possible to negotiate out as much as$12,000.00 in currently projected
project costs without unduly reducing project quality.
We trust this approach is consistent with the City's best interests. If you have any questions
relating to the foregoing analysis or recommendations, please do call me.
Very truly yours,
THE GA T ,
Leroy D. Charf, Archi
Project Manager
LDC/bap
9106\L3.12
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC WORKS COMMITTEE
D. PLANNING COMMITTEE
j;
E. PUBLIC SAFETY COMMITTEE '
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS
OPERATIONS COMMITTEE MINUTES
February 26, 1991
COUNCIL MEMBERS PRESENT: Christi Houser
Paul Mann
STAFF PRESENT: Mimi Castillo
Charlie Lindsey
Roger Lubovich
Tony McCarthy
Kelli O'Donnell
Don Olson
MEMBERS OF THE PUBLIC: Dick King
Steve Dejulio
The meeting was called to order at 4:50 p.m. by Chairperson Christi Houser.
Approval of Vouchers
All claims for the period ending February 15, 1991 were approved for payment in the amount of
$2,281,574.40.
Cable TV Consultant Contract
Personnel Director Olson reviewed with the Committee the general services contract between the City and
3-H Cable Communications Consultants sent out with the meeting agenda. The contract is for provided
for performance analysis and administrative evaluation. Complaints are forwarded to the consultant who
interfaces with TCI. This is a one year renewal of the consultants contract with a cost of$6,564.00.
The second agreement deals with the drafting of the refranchise ordinances with TCI. Two draft
refranchise ordinances are currently being reviewed with the Law Department which have incorporated the
input from the City Council for services they would like to see. Some of the services being negotiated for
are upgrading of the system such as television equipment, cameras and signal generation and working with
local colleges. There are four phases in the contract of which three have been completed with a total cost
of $8,653. Personnel Director Olson asked that the contracts be approved and placed on the Consent
Calendar of the next City Council meeting.
Committeemember Mann moved to approve the contracts and proceed to place them on the Consent
Calendar. The motion was seconded and passed with a vote of 2-0.
CLID 331
Finance Director McCarthy introduced Dick King of Lehman Brothers who had met earlier regarding
upcoming debt issues with Don Wickstrom. There will be a bond issue in March and Dick King is here
to give an overview of that issue and the market conditions.
Dick King presented a market update to the Committee. He outlined the estimate of 20 year general
obligation bond yields noting that January 1991 represents close to the lowest point seen in the last 10
1
years. The recession is pushing interest rates downward which is a benefit to the City as a borrower. Mr.
King further outlined market conditions and reviewed the marketing process with the Committee noting
that because of the favorable market to the City, costs should be lower than in previous bond issues. This
bond ordinance had been set at 8% but it appears that an assessment of 6.9% can be offered to property
owners if it is passes as is.
After further discussion, Finance Director McCarthy informed the Committee that the actual numbers
presented to City Council next Tuesday will depend on orders. This item is for information only and will
be presented to the full Council under Other Business.
Finance Director McCarthy then reviewed with the Committee other bond issues. After review with Don
Wickstrom some projects will be moved into the future. For example 272nd funds will not be needed until
at least 1992. Some funds are currently in the budget if some funding is needed prior to that. They are
also looking at a revenue neutral plan for the drainage utility and will bring the capital plan back to the
Committee in the future. The Councilmanic Capacity of the City had been of concern to Finance. As of
12/1/90 the City now has an$8 million capacity. The assessed valuation had been of benefit to the City
in that area. The flipside is dollars are needed to pay off debts incurred so it is good to have this funding
available as a security blanket. This information will be shared with the full Council at Thursday nights
meeting before their retreat.
Parking Solutions
Customer Services Manager Lindsey reviewed a proposed solution to the parking problem at City Hall for
Customer Service personnel. Under the proposal, staff would compete with citizens for parking during the
day when it is necessary for them to stop for information required to perform their job. The majority of '
these stops are 15 minutes or less. In the evening only two vehicles will be in the parking lot,one Building
Maintenance vehicle for the custodial staff and a Meter Reading vehicle for emergency after hour
situations. After the remodel of the Old Library is complete Police vehicle slots would be requested for City
vehicles. Additionally a loading zone for vendors making deliveries will be addressed by Assistant City
Administrator Hansen.
Committee Chairperson Houser agreed that it was a good compromise but requested City vehicles not use
15 minute parking stalls. During further discussion, Finance Director McCarthy informed the Committee
that he is currently looking at alternatives for the night drop. An alternative may be the use of an old mail
box painted a different color and placed in the parking lot for drive by deposits. This would alleviate some
parking congestion. Committeemember Mann noted that if biking were promoted for employees, it would
further help the parking situation. Assistant City Administrator Hansen informed the Committee of the new
transportation program which was coordinated with-METRO. Further, METRO currently has plans to
quadruple inter-community service in May/June to meet the growing demand.
Executive Session
At 5:30 the Committee went into Executive Session to discuss solid waste litigation.
The open meeting reconvened at 5:55 p.m. at which time Chairperson Houser adjourned the meeting.
2
PUBLIC WORKS COMMITTEE
March 5, 1991
PRESENT: Jim White Tony McCarthy
Leona Orr Ed White
Steve Dowell Merrill Vesper
Gary Gill Johnie Nall
Tom Brubaker John Bond
Carol Morris Jerry McCaughan
Tim Heydon Mr. and Mrs. Rust
Ed Chow Cheryle Noble
L. I.D. 336 - East Valley Highway Widening
Gill explained this is the last phase of the East Valley Highway
widening from 192nd north to the city limits at 180th. We have
held meetings with the property owners most of whom are in support
of the need for the project. We have a lot of LID covenants from
the developers who have already improved their property. We are
asking for authorization to proceed with the project. Secondly, we
are seeking authorization to proceed with condemnation on a few of
the parcels where we lack right of way. We would proceed with
condemnation if negotiations continue to prove unsuccessful. The
Committee unanimously recommended approval to proceed and to pursue
condemnation if required.
Lot Line Adjustment - North Park
The citizens have expressed concern regarding the impacts that any
future development might have on the existing residents along First
Avenue, Second Avenue and Third Avenue. White stated that one of
the items that came out at the Council retreat as a high priority
was a "massive street overlay" -program. The areas expressly
addressed were North Park, south of Willis, Scenic Hill and East
Hill where we have virtually substandard streets throughout as part
of the old street system. White continued, recognizing that Public
Works has so many projects that are mandated and it will be
difficult for them to work their way through that, how do we
address this situation. North Park and south of Willis residents
can not afford a large LID to take care of all the problems. What
are the alternatives to financing these improvements---city wide
bond issue, series of LID' s, councilmanic bonding? White asked if
staff could come up with some alternatives that Council could look
at to address these. Dowell referred to a statement that one of
the residents made that he was told that the citizens of the area
would not be required to pay for improvements. It was clarified
that referred to the improvements the developer would be making.
Dowell stated this might be confusing and that the individual might
PUBLIC WORKS COMMITTEE
MARCH 51 1991
PAGE 2
think he would not have to pay for any improvements. White
suggested that perhaps if we are going to overlay a street perhaps
we could tie it in with an LID for sidewalks. It was clarified
that if the developer proceeds with the development he will have to
make full street improvements with curbs, gutters and sidewalks.
White stated he was concerned about the impact of adding the
additional homes to the area. Gill stated we can identify the
needs, develop cost estimates to upgrade each one of the street
sections and financial alternatives. There was discussion
regarding access for the proposed new residences at the north end
of 1st, 2nd and 3rd Avenues. Ms. Nobel commented that she and Ms.
Newcomer had distributed 172 questionnaires regarding access to
4th. 73 of the 77 returned questionnaires indicated they were not
in favor of access to 4th. Gill added that access to 4th was
restricted for the planned Triangle Properties apartment complex
during their SEPA review. Ms. Nobel commented upon the concerns of
the neighborhood regarding traffic. Gill stated we would notify
Ms. Noble before signing off any development plans for the area.
Staff will bring back before the Committee an assessment of the
needs, cost estimates and financial alternatives.
White added that at the retreat it was suggested that the limits
for notification for public meetings and hearings be extended to
1, 000 feet rather than the existing 200 feet. Carol Morris stated
she would work on that issue.
Proposed L. I.D. - Hilltop Avenue Sanitary Sewer
Gill explained this proposed L. I.D. is for a small area at the
north end of Hilltop Avenue which is not presently served by
sanitary sewer. The area is within the City limits. There are
approximately 50% of the property- owners in favor of the project.
Some have expressed concerns over the failure of their septic
systems. Dowell clarified there were no new county developments
abutting this proposed L.I.D. area. The Committee unanimously
recommended approval to proceed with the L.I .D.
Authorization to Condemn - L.I.D. 335 - 77th Ave. St. Imp;
104th/256th St. Imp. ; 228th St. Imp.
Gill explained we were requesting authorization to condemn for
right of way for these three projects if negotiations are not
successful. There are twd remaining parcels in L.I.D. 335 for
which we need to acquire right of way; three in 104th/256th Street
Improvement and one on the 228th Street Improvement project. Gill
described each of the projects for the Committee. The Committee
PUBLIC WORKS COMMITTEE
MARCH 51 1991
PAGE 3
unanimously recommended approval to proceed with condemnation if
negotiations for right of way are unsuccessful.
Olympic Pipeline Franchise
Gill explained that Public Works and the Attorney' s office have
been working on a new franchise ordinance for Olympic Pipeline as
their old franchise has expired. Morris explained that she has
added substantial clauses regarding hazardous substances,
notification, spills, and cleanup. She noted that Don Wickstrom
wanted to require a risk assessment of the pipeline system before
approving the franchise in order to determine the current
structural integrity of the system. The indemnification and
insurance sections have been strengthened considerably. They are
required to notify the Public Works Department and the Fire
Department in case of accidental release or accidents relating to
the pipeline. The franchise fee has been increased to $3 . 00 per
lineal foot of pipeline. Olympic Pipeline has reviewed the
ordinance and is in agreement. Morris added this is a 10-year
franchise as opposed to the old one which was 15 years and it does
not allow them to construct any new lines under this franchise.
The Committee unanimously recommended approval of the franchise.
Street Utility
Gill explained this is a continuance of the issues brought before
the Committee earlier. We are requesting to establish the corridor
funds to capture the available revenue, establish project budgets
and authorize the staffing requirements. IBC and IPC have reviewed
these requests and it is their recommendation to fill the clerical
and Engineering Technician position as approved in the 1991 budget
and to authorize one new engineer position. Personnel is to
evaluate the Tech and Engineer position to determine the
appropriate level. The rationale of upgrading the Engineer
position is to be able to use that position to manage contractual
engineers. McCarthy clarified that the Committee should make a
recommendation as to the hiring of these positions. The Committee
unanimously recommended approval of the IBC/IPC recommendation to
proceed with hiring of the Office Technician and Engineering
Technician positions as approved in the 1991 budget review of the
Technician position to determine appropriate level based upon job
responsibilities and to add an Engineer position at a level to be
determined after review of job responsibilities.
PUBLIC WORKS COMMITTEE
MARCH 51 1991
PAGE 4
Downtown Signs
Jim White asked what the status of these signs is. Ed White stated
he would have to review the files from the previous Transportation
Engineer. It was determined that staff would contact Dee Moschel
on this issue. Jim White asked if there could be a report back to
the Committee at the next meeting.
Tunnel for 272/277th Corridor
White stated that the media has proposed a tunnel for the corridor.
White continued that the Council has not had any information
presented to them regarding this technology. White asked if staff
would invite the Robbins Company and any other company that might
have information on the subject to give a presentation to the
Committee. Gill stated that we have had our consultant, Wilsey &
Ham, prepare a cost estimate on a tunnel which was completed in the
last month. White stated some of the points he was interested in
were whether it was feasible in this type of project and what the
costs might be.
Proposed L.I.D. S. 218th Street
Mrs. Rust asked how they go about protesting this L.I.D. The
procedure was explained to Mr. and Mrs. Rust. Mrs. Rust asked if
traffic counts and pedestrian counts had been done to justify the
need for sidewalks.
Other
Orr asked about the City appealing County projects when they impact
Kent. Gill explained that we havq previously done that up through
the County Council level on several projects and our appeals were
denied. The next step would have been to have taken our appeals to
the Supreme Court. Ed White added that the County is now
contacting us when a project is within our service area. Orr
stated that perhaps we need to consider renewing our efforts to
appeal County projects impacting the City.