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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/16/1991City of Kent City Council Meeting CITY OF Y06 JB4T Mayor Dan Kelleher Council Members Judy Woods, President Steve Dowell Paul Mann Christi Houser Leona Orr Jon Johnson Jim White April 16,1991 Office of the City Clerk CITY COUNCIL MEETING April 16, 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 ✓A. Boy Scouts - Flag Salute ✓B. Drinking Driver Task Force Design Contest Winners ✓C. CAFR Award ✓D. Earth Day - Proclamation ✓E. Volunteer Week - Proclamation IF. Victim's Rights Week - Proclamation vG. Drug Free Washington Week - Proclamation 2. PUBLIC HEARINGS ✓A. LID 339 - Hilltop Sanitary Sewers 3. CONSENT CALENDAR A. Minutes ✓B. Bills ✓C. Surplus Equipment ✓D. Puget Power Appeal - Resolution %✓E. LID 338 - Westview/McCann Sanitary Sewer Improvements - ordinance ) I "1`j ✓F. Recycling - Resolution ✓G. Signal Modifications - 84th and 208th ✓H. Bill of Sale - Overlook Apartments ✓I. Utility Consulting Services Agreement ✓J. Corrections Union Labor Agreement ✓K. City Change Fund - Ordinance 4 ✓L. Central Computer System Upgrade - Ordinance ✓M. Memorandum of Understanding - Military Leave 4. OTHER BUSINESS 5. BIDS ✓ A. Water System Improvements 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. A)/ Boy Scouts - Flag Salute Pao< � 1 cr B)� DDTF Design Contest Winners C)� CAFR Award - John Hillman D)� Earth Day - Proclamation E)� Volunteer Week Proclamation F)� Victim's Rights Week - Proclamation G)� Drug Free Washington Week - Proclamation Kent City Council Meeting Date April 16. 1991 Category Public Hearings 1. SUBJECT: LID 339 - HILLTOP SANITARY SEWER 2. SUMMARY STATEMENT: This date has been set for a public hearing on the formation of Local Improvement District No. 339 for construction of sanitary sewer extension in the vicinity of Hilltop Avenue. —L`'he �nrre cor-of--Pabl- c Works wii1 - 3. EXHIBITS: Memorandum from the Public Works Director 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended Do EXPENDITURE REQUIRED• $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember 0- r moves, Councilmember �'� seconds the memorandum f m the Director of Public Works be made a part of the record and the City Attorney be directed to prepare the ordinance creating LID 339. DISCUSSION: ACTION: Council Agenda Item No. 2A✓ DEPARTMENT OF PUBLIC WORKS March 28,. 1991 TO: Mayor Kelleher nl'&1`City Council FROM: Don Wickstrom IU 1 I RE: LID 339 - Hilltop Avenue Sanitary Sewer 900 Feet to 1400 Feet North of James St. Resolution No. 1274 adopted by City Council on March 19, 1991 established April 16, 1991 for the public hearing on L.I.D. 339. All of this was the result of a petition received in October 1990 and subsequent contact with property owners which indicated sufficient support. PROPOSED IMPROVEMENTS Sanitary Sewer Improvements Description: Includes the installation of 8-inch sanitary sewers, 6-inch side sewers and related appurtenances. ON FROM TO Hilltop Avenue 900 Ft. North 1400 Ft. North of James St. of James St. PROJECT FUNDING This project is proposed to be 100% LID financed. The estimated cost is $69,531.80. There are 10 lots included; therefore, the assessment per lot is $6,953.18. The cost is greater than usual for this type of LID for single lots. The reason is that there are certain fixed LID costs which are spread over only 10 homeowners in this case, thereby raising the individual lot assessments in comparison to larger LIDS. Construction costs for a small project can also be greater. However, it appears that the timing for this project, if approved, will be such that the construction will be implemented as part of a larger sewer construction contract to help minimize costs. METHOD OF ASSESSMENT Each property serviced is being assessed. Since each lot is a single family residential lot each receiving one service, the benefit is equal for all parcels. Therefore, the cost is evenly spread over all lots within the LID. PAYMENT OF ASSESSMENT Upon Council passing the ordinance confirming the final assessment roll (after completion of the construction), there is a 30-day period in which any portion or all of the assessment can be paid without interest charges. After the 30-day period, the balance is paid over a ten year period wherein each year's payment is 1/10th of the principal plus interest on the unpaid balance. The interest will be what the market dictates. NEED FOR IMPROVEMENT The property location is a developed residential area composed of single family lots on septic tanks. Until recently, the project area did not have sewer service available on a gravity basis. However, several years ago a developer extension was brought to the north end of the area providing a feasible opportunity for gravity sewer service. However, it was not until the Fall of 1990 that the property owners within the proposed LID came to the City to request sanitary sewers. Septic systems are now showing signs of failure. One owner has had his system examined by a septic expert and was told that it probably would not last much longer. Others are also experiencing signs of malfunctioning septic systems. Some owners attribute this to the increased storm water runoff which is being dumped onto their property from the new developments above, particularly, Lavender Hills Subdivision. Since this development was constructed, there is much more storm runoff which is saturating the soils resulting in reduced functioning of the septic systems. Surface erosion is also occurring. In fact, one of the more severely impacted properties is suffering due to a berm constructed along the west side of Lavender Hills, which funnels the runoff directly into their backyard. This same owner has also been told that his basement walls are starting to suffer from the excess water. There is also a report that one residence experienced 3 inches of water in the basement this past winter. There seems to be substantial agreement among the owners regarding the need for drainage improvements in the area and that sewers may not be needed if the runoff had not increased. However, some are also concerned about the health hazards associated with failing septic system contaminating the runoff and the fear of not being able to live in their homes. Therefore, they requested the installation of sanitary sewers. Knowing the severity of the problem, property owners within the proposed LID came to the City to request sanitary sewers. The Engineering Department requested that a petition be circulated. A petition for sewers was received with sufficient signatures to proceed with the formation process. 6 DEPARTMENT OF PUBLIC WORKS March 28, 1991 TO: Mayor Kelleher & City Council FROM: Don Wickstrom RE: LID 339 - Hilltop Avenue Sanitary Sewer 900 Feet to 1400 Feet North of James St. Resolution No. 1274 adopted by City Council on March 19, 1991 established April 16, 1991 for the public hearing on L.I.D. 339. All of this was the result of a petition received in October 1990 and subsequent contact with property owners which indicated sufficient support. PROPOSED IMPROVEMENTS Sanitary Sewer Improvements Description: Includes the installation of 8-inch sanitary sewers, 6-inch side sewers and related appurtenances. ON FROM TO Hilltop Avenue 900 Ft. North 1400 Ft. North of James St. of James St. PROJECT FUNDING This project is proposed to be 100% LID financed. The estimated cost is $69,531.80. There are 10 lots included; therefore, the assessment per lot is $6,953.18. The cost is greater than usual for this type of LID for single lots. The reason is that there are certain fixed LID costs which are spread over only 10 homeowners in this case, thereby raising the individual lot assessments in comparison to larger LIDS. Construction costs for a small project can also be greater. However, it appears that the timing for this project, if approved, will be such that the construction will be implemented as part of a larger sewer construction contract to help minimize costs. METHOD OF ASSESSMENT Each property serviced is being assessed. Since each lot is a single family residential lot each receiving one service, the SUPPORT FOR LID Following a property owner Questionnaires regarding their Within the proposed boundary, 5 requested that the City proceed greater than the 40% required to BENEFIT TO PROPERTIES meeting, the owners completed continued support for the LID. out of 10 property owners (50.0%) with the LID formation, which is allow the LID formation. Generally speaking, for two otherwise identical properties, the one with sewer would have a higher value or potential sale price. There are several reasons for this. With sewer in place, the cost of the sewer installation has been addressed so the potential of a future expense of installing sewers has been eliminated. Another way of looking at it is the sewer is another improvement to the property which adds to the overall value, as would be the case with the addition of a room, a fireplace or paved driveway or any other improvement. Why is it an improvement or benefit if the property has a working septic system? The main consideration in this regard is the history of the general area. If numerous septic problems have occurred and numerous problems exist, it is more difficult to sell a property for a given price. With a history of problems, even though a given septic system is still functioning, there would be a concern over how much longer it will function. Also, problems at a particular location can cause sewage and the related odors to appear on another property which would be a deterrent to a sale. So even though a residence has a functioning septic system, the installation of sanitary sewer will boost or protect the property value and potential sale price particularly in an area such as the proposed LID area where numerous septic problems have occurred. MANDATORY SEWER CONNECTION The City code states that all residences whether within or outside the City limits, located within 200 feet of a City of Kent sanitary sewer shall be required to connect to the sewer and shall be billed for the service. The code provides that compliance with this provision be within 90 days after the date of official. notice to do so. In the case of a public health or safety hazard compliance shall be within 20 days of official notification. Following construction of the project, should the LID be formed, the City will send each property owner an official notice that the sanitary sewer service is available and is within 200 feet of the house. Following the compliance period, all properties which have not applied for a side sewer permit will automatically be added to the sewer billing list. 3 SEPA The Planning Director has determined that this project is categorically exempt since the sewer pipe size is 8" or less. PROJECT SCHEDULE Property Owner Meeting February 20, 1991 Resolution by City Council March 19, 1991 Public Hearing April 16, 1991 Passage of Formation Ordinance May 7, 1991 Ordinance in Effect June 7, 1991 Construction 1991 4 846 I �l i � I Z I ' � 2 N 1 PROPOSED SANITARY SEWER L.I.D. FOR HILLTOP AVE. * SIGNED L.I.D. PETITION[ L.I.D. BOUNDARY O ASSESSMENT NUMBER CONSENT CALENDAR 3. City Council Action: Councilmember t V-0` moves, Councilmember seconds that Conse Calendar Items A through M be approved. Discussion 3A Approval of Minutes. Approval of the minutes of the regular Council meeting of April 2, 1991, with the addition of the following phrases which were inadvertently omitted: Item 3F - Adoption of Resolution 1278 Item 3G - Adoption of Resolution 1279 3B. Approval of Bills. Approval of payment of the bills received through April 15, 1991 after auditing by the Operations Committee at its meeting at 4:45 p.m. on April 23, 1991. Approval of checks issued for vouchers: Date Check Numbers Approval of checks issued for payroll: Date Check Numbers Amount Amount Council Agenpa,/ Item No. 3 A-B Kent, Washington April 2, 1991 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Johnson, Mann, White and Woods, City Administrator Chow, Assis- tant City Attorney Brubaker, Planning Director Harris, Public Works Director Wickstrom, Assistant City Administrator Hansen, Acting Police Chief Byerly, Personnel Director Olson, Finance Di- rector McCarthy, Information Services Director Spang and Acting City Clerk Jacober. Councilmember Houser, Councilmember Orr, Parks Director Wilson and Fire Chief Angelo were not in atten- dance. Approximately 60 people were at the meeting. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNICATIONS Employee of the Month. The Mayor announced that Mike Pulliam, Field Supervisor of Vegetation for the Public Works Department, has been selected as Employee of the Month for April. He noted that in addition to his regular job responsibilities, Mike assists with numerous tasks to be completed at the Saturday Market. Tim Heydon, Public Works Opera- tions Manager, noted that Mike is very concerned with the environment and takes that into consider- ation in his work. He stated that Mike takes pride in his work and the results can be seen in downtown Kent. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR G be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 19, 1991. STREETS (PUBLIC HEARINGS - ITEM 2D) LID 336 - East Valley Highway Improvements. This date has been set for the public hearing on the formation of LID 336. The City Clerk has given the proper legal notification. Public Works Di- rector Wickstrom noted that the City has received a grant from the Transportation Improvement Board for these improvements, and pointed out the loca- tion. He noted that this will complete the five lane arterial between S. 192nd and S. 180th, and will include curb and gutter, concrete sidewalks, a two-way left turn lane, street lighting, and street trees. He noted that the total project cost is $3,530,637 and that the assessments will be paid over a 15-year period. He stated that the 1 April 2, 1991 STREETS City hopes to begin the project in June and com- (LID 336-EVH) plete it in the fall. The Mayor declared the public hearing open. Harlan Bull, 20601 - 100th Avenue, noted that al- though he is in favor of the project, he is con- cerned about the distribution of costs. Sam Huff- man of Green River Cheese indicated that he is also in favor of the project, but feels that the City's and State's portion of the assessment should be higher, since East Valley Highway is used not only by the businesses in the area, but for through traffic. He also asked for assurance that the businesses in the area will be able to continue operation during construction. Upon a question from Joe O'Leary, Wickstrom noted that the City compensates property owners for landscap= ing, that the power will be underground and that owners will have to convert their own services, and that during construction there may be detour routes or one-way traffic through the area. He noted that the traffic issue has not yet been re- solved. Wickstrom noted for Woods and White that the City could put up signs indicating that the businesses in the area are open during construc- tion. Wickstrom noted for White that the amount of the assessments could be reviewed during the final as- sessment roll process, and pointed out that front- ing property owners do have immediate amenities which properties in the back do not have. He ex- plained for Mann that together the City and the State will contribute $1,250,000 on this project, which is much more than on other projects in the City. There were no further comments and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. WHITE MOVED that the memorandum from the Public Works Director be made a part of the record and that Ordinance 2977 forming LID 336 be adopted and that the budget for same be estab- lished as detailed in the IBC note. Woods second- ed. The motion carried. K April 2, 1991 SEWERS (PUBLIC HEARINGS - ITEM 2E) (LID 338) LID 338 - Westview Terrace Sanitary Sewers. This date has been set for the public hearing on the formation of LID 338. The City Clerk has given the proper legal notification to the property own- ers. Public Works Director Wickstrom noted that this LID is in the County and was heard on Febru- ary 5, 1991, as LID 337. He noted that property owners have asked the Council to reconsider this as a new LID. A gentleman from the audience noted that he had repaired his septic problems and did not feel he should be required to pay a monthly service charge. The Mayor declared the public hearing open. Wick- strom noted for John Chapman, 2459 S. 216th, Des Moines, that sewers will be available for hookup immediately after construction, which should be by the end of the summer. Jim Humenik, 21312 - 98th Avenue South, noted that his system is working and he feels he should not have to pay $6500 for some- thing he doesn't need, or a monthly service charge. He also noted that this property value will not be increased. After Wickstrom answered questions for Margie Gifford, 9601 S. 216th, re- garding easements on her property, she stated that although she and her husband were originally op- posed to the sewers, they are now in favor. Lee Williams spoke in opposition to the LID, and noted that Randi and Scott Gobeille, 21434 - 98th Avenue S., are also opposed. Those who spoke in favor were Larry Kirchner of the Seattle -King County Health Department, Rolly Topping, 21416 - 96th S., Harriet Ragsdale, 21412 - 98th Avenue S., Kathryn Scholl, 9639 S. 216th, Alan Clifford, 21404 - 96th Avenue S., George Hoffman, 21415 - 98th Avenue S., Ed & Fay White, 21426 - 96th Avenue S., Tom Apple- hans, 21440 - 98th Avenue S., Keith Henderson, 21433 - 96th Avenue S., and Gordon Campbell,21423- 98th Avenue So. Gladys Pfaff, 9634 S. 214th, was in favor and spoke for Grace Smith, 9612 S. 214th, Debbie Reuhl, 9625 S. 214th, and Grace Johnson, 9622 S. 214th who were also in favor. Dwight Davis; 21417 - 96th Avenue S., noted that he, Frank and Brenda Chamblis, 21334 - 96th Avenue S., and Steve Julison, 9608 S. 216th, were all in fa- vor. Upon a question from Jan Winkel, 9631 S. 216th, Wickstrom noted that double hookups are a 3 April 2, 1991 SEWERS way to cut the cost to homeowners. He also noted (LID 338) that once the City advises homeowners that sani- tary sewers are available, they are required to connect. He pointed out that the City does not pursue this, but that the County may. Upon a question from the audience, the Mayor noted that this policy could be changed by Council action, and Councilmember White stated that the Public Works Committee will look into this issue. Paul Vaulkee, 21405 - 98th Avenue S., spoke in favor of the project, and Wickstrom explained for him that the City's only jurisdiction is for sewer service, since this area is outside the city limits, and that roads and drainage are the County's responsi- bility. Wickstrom noted that the City has the only sewer system available to service the area. Kathryn Scholl asked whether by signing up for sewer, property owners would automatically agree to annexation to the City. Wickstrom responded that in order to service outside the city limits, the Boundary Review Board requires annexation of the area or execution of covenants to annex in the future. The Mayor clarified for Margie Gifford that after annexation the City would administer surface water management, but until annexation they are out of the City's jurisdiction. There were no further comments from the audience and WHITE MOVED to close the public hearing. Woods seconded. WHITE MOVED to make a letter in oppo- sition to the project from Gene C. and Jenny K. Hughes, 9623 S. 216th, a part of the -record. Woods seconded and the motion carried. The motion to close the public hearing then carried. WHITE MOVED that the memorandum from the Public Works Director be made a part of the record and that the City Attorney be directed to prepare the ordinance forming LID 338 for Westview Terrace Sanitary Sewers. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 3E) Federal Wav Sewer District Agreement. AUTHORIZA- TION for the Mayor to sign the sewer service a- greement to allow Federal Way to provide sewer service to property in the vicinity of 272nd and 42nd Avenue South, as recommended by the Public Works Committee. 4 April 2, 1991 CONDITIONAL (PUBLIC HEARINGS - ITEM 2C) USE - APPEAL Puget Power Substation Appeal. This public hear- ing will consider an appeal by Puget Sound Power and Light Company from the Hearing Examiner's rec- ommendation of approval with seven (7) conditions of a request for a conditional use permit to con- struct a 16,000 square foot electrical distribu- tion substation. The applicant requested reconsi- deration of two of those conditions: (1) Condi- tion 5 related to noise reduction and (2) Condi- tion 6 related to limits on electromagnetic field exposure. After reconsideration, the Hearing Ex- aminer's decision of August 29, 1990 remained the same. The applicant is appealing these two condi- tions. Alice Shobe of the Planning Department noted that the site is 4.29 acres in size and is located at the corner of S. 272nd and 42nd Avenue. She noted that the area is zoned R-1.72 which is residen- tial, and that substations are allowed in a resi- dential zone with a conditional use permit. The Mayor declared the public hearing open. Mark uehrn, Attorney for Puget Power, noted that the substation will comprise only 35% of the site, and that there is a buffer of approximately 300 feet. He also stated that there are many of these sub- stations in residential areas and that the power coming into the substation is transformed down to a voltage appropriate for distribution and con- sumption in the immediate vicinity. He noted that Puget Power intends to install a low noise trans- former at the substation and that the noise level of the transformer would not be discernable over the background noise level in the area, and there- fore the noise wall is unnecessary. He also pointed out that many studies have been done, and none have concluded that magnetic fields are a probable carcinogen. He noted that the Hearing Examiner determined that the level of electromag- netic field shall not exceed 20 milligauss at the property line of the site, and that that precludes Puget Power from building the project. He urged the Council to delete the two conditions. Craig Brown disagreed with Quehrn's statements and urged the Council to reject the request to delete the two conditions. Eric Kormandy stated that Winter- 5 April 2, 1991 CONDITIONAL brook II, a 12-lot plat, is going in near the sub - USE - APPEAL station and he would like to have the sound wall (Puget Power) around the power station to mitigate the sound and the appearance. There were no further comments from the audience and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. Upon Johnson's question, Quehrn noted that al- though the substation works harder in the winter than in the summer, the noise level ranges only about 3 decibels, and that the human ear cannot perceive that slight a difference. He noted for Mann that there is no technology available to con- tain electromagnetic fields, and that if a wall is required, the cost would be passed along to the ratepayers. He explained that the transformer will be fenced and will be out of sight, and that the site will be densely landscaped. Quehrn noted for White that they do not normally build concrete walls around transformers, but use low -noise transformers instead. Johnson asked how close the transformer would be to the nearest residence. Quehrn responded that it would be approximately 150' to the west, 200' to the south, 192' to the east and 377' to the north. JOHNSON MOVED to modify the Hearing Examiner's recommendation to approve the appeal made by Puget Power on Condition 6, to adopt the Hearing Exami- ner's findings for the remaining six conditions, and to direct the City Attorney to prepare the necessary resolution. Woods seconded. Johnson clarified for White that his intention is that the concrete wall be built. The motion then carried. COMMUNITY (PUBLIC HEARINGS - ITEM 2A) DEVELOPMENT 1991 CDBG Local Program Policies Amendment. This BLOCK GRANT public hearing will consider the approval of the proposed Amendment to the Local Program Policies for the 1991 Kent Community Development Block Grant (CDBG) Program as recommended by the Coun- cil's Planning Committee. This proposed Amendment includes eliminating all priority emphasis "given to the Neighborhood Strategic Area (NSA). Alice Shobe of the Planning Department noted that the Home Repair Program is the only program which 0 April 2, 1991 COMMUNITY uses the NSA to give priority. She noted that DEVELOPMENT there are families outside the NSA who are equally BLOCK GRANT needy, and urged the Council to eliminate any spe- cific emphasis on the Neighborhood Strategic Area by amending the Housing Section of the 1991 Local Program Policies to read: Housing Projects will be encouraged which lead toward pre- servation or expansion of housing occupied by low - and -moderate income residents of Kent. While the City's current Housing Repair Program and assis- tance to emergency and transitional housing pro- grams should be continued, new methods of meeting housing needs may also be considered. The Mayor declared the public hearing open. There were no comments from the audience and WOODS MOVED to close the public hearing. White seconded and the motion carried. JOHNSON MOVED to accept the Council Planning Committee's recommendation of the proposed Amendment to the Local Program Policies for the 1991 Kent CDBG Program. Mann seconded and the motion carried. (PUBLIC HEARINGS - ITEM 2B) 1992 CDBG Funding and Local Program Policies. This public hearing will consider five action items which include the adoption of the Local Pro- gram policies for the 1992 Kent Community Develop- ment Block Grant Program (CDBG) as recommended by the Council's Planning Committee and by the Human Services Commission. The estimated amount of funds available for the 1992 Program is $183,146. Alice Shobe of the Planning Department explained the five action items as follows: 1. Approval by City Council to accept 1992 Pass-Through,funds. 2. Allocation of the City's fair share maxi- mum of 1992 Pass -Through funds ($35,743) to Public (Human) Services. 3. Allocation of .005% ($916) of 1992 Pass - Through funds to Planning and Administration. 7 April 2, 1991 COMMUNITY 4. Approval of the proposed 1992 Local Pro - DEVELOPMENT gram Policies. BLOCK GRANT 5. Allocation of Community Development Inter- im Loan (CDIL) program income ($9,597) to the Consortiumwide Emergency Shelter System. She noted that there are two changes from the 1991 Policy. One change is the elimination of the Neighborhood Strategic Area, an area which was given priority for block grant funds in the past because it was determined to have the highest con- centration of low income families. She noted that there are needy families outside this area, and that this one area should no longer be emphasized. Shobe noted that the second change in policy is expanded emphasis on regional projects. The Mayor declared the public hearing open. There were no comments from the audience and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. JOHNSON MOVED to accept the five action items as recommended by the Council's Planning Committee. White seconded and the motion carried. FRANCHISE (OTHER BUSINESS - ITEM 4A) Olympic Pipeline Franchise. Pursuant to RCW 35A.47.040, this is the second reading of an ordi- nance granting Olympic Pipeline Company a ten year franchise agreement to operate and maintain an ex- isting pipeline in City rights -of -way. This a- greement was introduced at the March 19, 1991 Council meeting. Since the first reading, modifi- cation to the agreement has been proposed by the Fire Department, as set forth in Page 9 of the do- cument, requiring immediate notification of acci- dents and related incidents as well as providing for a 24 hour telephone number of such notifica- tion. WHITE MOVED for the adoption of Ordinance 2978 granting Olympic Pipeline Company the franchise agreement for ten years to maintain, operate, re- place and repair an existing pipeline. Woods sec- onded and the motion carried. [? April 2, 1991 PUGET SOUND (OTHER BUSINESS - ITEM 4B) REGIONAL Puget Sound Regional Council. Councilmember John - COUNCIL son noted that a resolution has been prepared which authorizes execution of an interlocal agree- ment creating the Puget Sound Regional Council. This agreement provides for regional transporta- tion planning in accordance with,Federal and State law and replaces those functions currently per- formed under the interlocal agreement establishing the Puget Sound Council of Governments, which ter- minates July, 1991. HE MOVED for the adoption of Resolution 1280. White seconded and pointed out that this provides only for transportation plan- ning. Upon the Mayor's question, Johnson explain- ed that in order to meet Federal and State guide- lines for grant application processing, the agree- ment must be approved by April 12, 1991. The mo- tion then carried. PARKS & (CONSENT CALENDAR - ITEM 3C) RECREATION Golf Cart Acquisition. AUTHORIZATION to acquire 21 power golf carts in lieu of leasing. On Febru- ary 19, 1991, the City Council authorized the Park Department to lease an additional 21 power golf carts. In reviewing the lease agreement the Law Department noted that substantial financial dis- closures, similar to that required for bond is- sues, was required by the Lessor. In addition, it was determined that the lease interest rate was approximately 10 percent as compared to current interfund interest rate of 6.9 percent. Based on this, the Park Department recommends the direct acquisition of these 21 power carts in lieu of leasing. The additional expenditures required for the outright purchase will come from projected golf course revenues that are currently exceeding the estimate. (CONSENT CALENDAR - ITEM 3F) I.A.C. Grant Application - Riverview Park. AU- THORIZATION for the Parks Department to apply to the Interagency Committee for Outdoor Recreation for matching acquisition funds for the Green River Trail Park. The application will be for $240,000, to be matched by $240,000 from King County Open Space Bond Issue proceeds. 9 April 2, 1991 PARKS & (CONSENT CALENDAR - ITEM 3G) RECREATION I.A.C. Grant Application - Scenic Hill Park. AUTHORIZATION for the Parks Department to apply to the Interagency Committee for Outdoor Recreation for matching development funds for Scenic Hill Park. The application will be for $225,000, to be matched by $225,000 from monies provided by the Kent School District to cover the cost of the parking lot and by the City's Park Matching Funds Budget. PERSONNEL (CONSENT CALENDAR - ITEM 3D) . Street Utility Staffing. AUTHORIZATION to estab- lish a budget for the street utility in the amount of $101,689 to include the addition of a new posi- tion of Civil Engineer II and to reclassify one of the 1991 approved positions from an Engineering Tech II to an Engineering Tech III and to fill that position as well as a part-time Office Tech position also in the 1991 approved budget, as rec- ommended by the Public Works Committee and ap- proved by Operations Committee, IBC and IPC. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through April 1, 1991 after audit- ing by the Operations Committee at its meeting at 4:45 p.m. on April 9, 1991. Approval of checks issued for vouchers: Date 3/19-4/l/91 Check Numbers 103066-103632 Amount $1,101,955.35 Approval of checks issued for payroll: Date Check Numbers Amount 4/5/91 1152779-1153468 $ 599,326.20 REPORTS Administrative Reports. Finance Director McCarthy reported that although the economic picture has improved a bit, the City is still in a slowdown regarding capital needs and hiring. He explained the budget calendar, noting that there will be a workshop on May 7. He also referred to the C.I.P. calendar, and noted that departments are currently 10 April 2, 1991 REPORTS preparing project descriptions, and that question- naires will be sent with utility bills. Upon White's question, McCarthy noted that program ex- pansion may not be possible in 1992 unless econo- mic improvement continues. He explained that the hiring slowdown will save money and that money could be transferred from capital funds to opera- ting funds. He also noted for White that cuts and tax or fee increases are not being considered at this time, but may be in the future. McCarthy also noted that Administration has com- piled a list of options in regard to a Municipal Court Facility, and that it should be reviewed by the Public Safety Committee. The Mayor asked Councilmembers who have other alternatives to add them to the list as soon as possible. ADJOURNMENT The meeting was adjourned at 9:30 p.m. i Brenda Jacober, CMC Acting Cit�lerk 11 Kent City Council Meeting Date April 16. 1991 Category Consent Calendar 1. SUBJECT: SURPLUS EQUIPMENT 2. QRY STA As recommended by the Public Works__... Committee, b`riza�iono surplus and s�eit: (1�-It�[ii-pment No. 14 - 798 Sears tractor mower; (2) a Curtis air compressor and ` tank; (3) Blue Heron Crane Model #307; (4) Equipment No. 113 - 1973 Unimasco Paint stripper; (5) Mueller Model 25-3 tapping machine; (6) Wachs Model TM-2 truck mounted valve operator 3. EXHIBITS: Memorandum from the Fleet Manager 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NOYES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember DISCUSSION: ACTION: moves, Councilmember seconds Council Agenda Item No. 3C ✓ CITY OF KENT MAR 2 7 1991 PUBLIC WORKS OPERATIONS ENGINEERING DEPT. DATE: March 25, 1991 TO: Don Wickstrom, Director of Public W THRU: Tim Heydon, Operations Manager FROM: Jack Spencer, Fleet Manag�j � SUBJECT: Surplus Equipment I am requesting authorization to surplus the following obsolete equipment through the State Equipment Auction on May llth or as scrap where noted. 1) #144 1985 Sears Tractor Mower, SN 209400. This was replaced in 1990 with #644. 2) Curtis Air Compressor and Tank, SN C96-79-26359. Unit failed and has been replaced with a new unit. 3) Blue Heron Crane, Model 307, no serial number. This was removed from an old truck which was sold and is no longer needed or used. 4) #113 1973 Unimasco Paint Striper with miscellaneous parts, SN 210130. Unit is worn out, has been used for spare parts and will be sold for scrap. 5) Mueller Model 25-3 Tapping Machine, is no longer used. 6) Wachs, Model TM-2, truck -mounted valve operator, SN 25479. This equipment is too slow and there is no vehicle to mount it on. cc: Dianne Sullivan Paul Scott A:\C005G05 Kent City Council Meeting Date April 16 1991 Category Consent Calendar 1. SUBJECT: PUGET POWER APPEAL - FINDINGS OF FACT & CONCLUSIONS 2. SUMMARY STATEMENT: Adoption of Resolution //2_�L pursuant to directive from Council at the April 2 hearing on appeal. The Legal Department has prepared a resolution issuing findings of fact and conclusions consistent with Council's action on Puget Power's appeal of certain conditions imposed in granting a conditional use permit. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: FISCAL/PERSONNEL NOTE: Recommended 6. SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember DISCUSSION: ACTION: NO--2�_ YES X Not Recommended moves, Councilmember econds Council Agenda Item No. 3D ✓ RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, issuing Findings of Fact and Conclusions of the City Council upon hearing the appeal of Puget Sound Power and Light Company regarding the City Hearing Examiner's imposition of certain conditions in connection with the issuance of a Conditional Use Permit. WHEREAS, on October 17, 1990, Mr. Theodore P. Hunter, Land Use Examiner for the City of Kent, issued a Final Order upon reconsideration approving with conditions a Conditional Use Permit to Puget Sound Power and Light Company ("Puget Power") for the construction and maintenance of its proposed Cambridge Substation (Hearing Examiner's File No. CE-90-8); and WHEREAS, on October 29, 1990, Puget Power made a timely appeal of the imposition of Conditions 5 and 6 of the Examiner's Final Order to this governing body; and WHEREAS, on March 20, 1991, appellant Puget Power delivered its Hearing Memorandum on the appeal to the City and City Council; and WHEREAS, on April 2, 1991, at a regularly scheduled meeting, pursuant to City of Kent Ordinance No. 2233, §16, Kent City Code section 2.54.160, and City of Kent Resolution No. 896, the Kent City Council heard a staff report on the matter, heard appellant Puget Power's oral argument and took additional public testimony on the matter; and WHEREAS, pursuant to City of Kent Ordinance No. 2233, §17, Kent City Code section 2.54.170, the City Council, having reviewed the record and heard the evidence and testimony given at the hearing on appeal, took final action and entered findings of fact and conclusions on the appeal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon the written and oral evidence presented to this body, the City Council finds that material and substantial evidence was presented to support the Hearing Examiner's decision to issue Condition No. 5 of the Conditional Use Permit requiring the construction of a cinder block wall to reduce noise levels from the substation. Accordingly, this decision does not constitute substantial error. Section 2. Upon the written and oral evidence presented to this body, the City Council finds that insufficient evidence exists in the record to support the Hearing Examiner's decision to issue Condition No. 6 of the Conditional Use Permit imposing a magnetic field standard of 20 milligauss. Accordingly, this decision constitutes substantial error. Section 3. The City Council concludes that the Hearing Examiner's decision regarding the issuance of a Conditional Use Permit to Puget Power for the construction and maintenance of its proposed Cambridge substation shall be modified to eliminate Condition No. 6 pertaining to the imposition of a magnetic field standard on the substation. The City Council hereby approves the remainder of the Hearing Examiner's decision regarding the Conditional Use Permit, specifically including Condition Nos. 1-5 and Condition No. 7. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of April, 1991. - 2 - v r�. Kent City Council Meeting Date April 16. 1991 Category Consent Calendar 1. SUBJECT: LID 338 - WESTVIEW/McCANN SANITARY SEWER IMPROVEMENTS 2. SUMMARY STATEMENT: As approved at the April 2 Counci_ij meeting, doption of Ordinance atifl 1.1! creLID 338� 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_� YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E'*� CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE ordering the improvement of sanitary sewers in Westview Terrace and McCann's Westview along 96th and 98th Avenues South and along South 216th and 214th Streets, all in accordance with Resolution No. 1272 of the City Council; establishing Local Improvement District No. 338 and ordering the carrying out of the proposed improvement; providing that payment for the improvement be made by special assessments upon the property in the District, payable by the mode of "payment by bonds"; authorizing interfund loans; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. WHEREAS, by Resolution No. 1272 adopted March 5, 1991, the City Council declared its intention to order the improvement of sanitary sewers in Westview Terrace and McCann's Westview along 96th and 98th Avenues South and along South 216th and 214th Streets, and fixed April 2, 1990, at 7:00 p.m., local time, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and objections thereto and for determining the method of payment for the improvement; and WHEREAS, the Director of Public Works caused an estimate to be made of the cost and expense of the proposed improvement and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all objections to the proposed improvement were duly considered and overruled by the City Council, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ORDAIN as follows: Section 1. The City Council of the City of Kent, Washington (the "City"), orders the improvement of sanitary sewers in Westview Terrace and McCann's Westview along 96th and 98th Avenues South and along South 216th and 214th Streets, as described in Exhibit A attached hereto and by this reference -2- incorporated herein. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 338 of the City of Kent, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit B attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the improvement is declared to be $322,853, and the entire cost and expense of the improvement shall be borne by and assessed against the property specially benefited by such improvement to be included in the District which embraces as nearly as practicable all property specially benefited by such improvement. Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to fairly reflect the special benefits to the properties being assessed. Section 5. Local improvement district warrants may be issued in payment of the cost and expense of the improvements herein ordered to be assessed, such warrants to be paid out of -3- the Local Improvement Fund, District No. 338, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the City Finance Director, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest -bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to Chapter 39.50 RCW. The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized, including the interfund loans authorized by Section 6, and not redeemed in cash within twenty days after the expiration of the thirty -day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of "payment by bonds," as -4- defined by law and the ordinances of the City. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. Section 6. For the purpose of paying all or a part of the costs of carrying out the improvements within the District pending the receipt of the proceeds of the issuance and sale of the bonds or short-term obligations referred to in Section 5, interfund loans from the General Fund, Water Fund and/or Sewer Fund to the Local Improvement Fund in the maximum aggregate amount of $322,853 are authorized and approved, those loans to be repaid on or before the issuance of such bonds or obligations from the proceeds thereof. Each of the interfund loans shall bear interest at a variable rate, adjusted the fifteenth and last day of each month, equal to the interest rate of the State of Washington Local Government Investment Pool on the fifteenth and last day of each month. The initial interest rate on the date of each interfund loan shall be determined as of the last preceding interest payment adjustment date. Section 7. In all cases where the work necessary to be done in connection with the making of such improvement is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment FA for such work will be made in cash warrants drawn upon the Local Improvement Fund. Section 8. The Local Improvement Fund for the District is created and established in the office of the City Finance Director. The proceeds from the sale of revenue warrants or other short—term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement and cash warrants in payment for all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund. Section 9. within fifteen (15) days of the passage of this ordinance there shall be filed with the City Finance Director the title of the improvement and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such improvement to be borne by each lot, tract or parcel of land. The City Finance Director immediately shall post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. Qis Section 10. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: Marie Jensen, City Clerk PREPARED BY: FOSTER PEPPER & SHEFELMAN By �u , 'tA Passed the day of April, 1991. Approved the day of April, 1991. Published the day of April, 1991. I 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. SLH-791* (SEAL) Marie Jensen, City Clerk -7- L.A=Il "All L.I.D.338 WgS77115 T�'�CE/`ScCANN' S iviSTVI:ri SANITARY SEWER 96TH AVE. S.; 98TE AV-' S. S. 216M ST.; S. 2147F STREET LEGAL DESCRI?'"ION See Exhibit ,,B" attached and made a hart hereto. QOTITAIRV SL;yLi 17�TROV---w—ENT - Desc.imtion: Includes the installation of 8" sanitary sewers, 6" side sewers and related aonu_-t_nances. MT ACM 98th Avenue S. S. 2I6th St. 200' Sough of S. 212 th ?I S. 215th St. 96th Ave. S. 98th Ave. S. 96th Ave. S. S. 2;6th St. 200' 5.7. of S. 213th S. 214th St. 96th Ave. S. =ast to end of c_1-de-sac Easement, 96th Ave. S. 150' West cf 96th Ave. S. near S. 216th St. Easement West end of 130 feet scut`_: ease=ent above • ^SIT aB a LID 30DNDARY LEGAL DESCR_TPTION LID 338 WESTVI:W Tv.MRACE/McC.UW' S WESTvjZry 96TH AVE. S.; 98TH AVE. S. S. 216Ts ST.; S.•214TH STRrET 3.. Lots 1 th Ough 8 inclusive, McCann's Westview, according to the - plat recorded in Volume 73 of Plats, Pages 30 and 31, retards of King County, WA. 2 • Lots 23 t!lrcugh 46, Lots 57 th_rough 59 and Lots 61 th-oagh 70 inclusive, Westview Terrace No. 3, according to the plat recorded in Volume 74 of Plats, Pages 19 and 20, Records of King County. 3 • Lots E, : and G Liclusive, West ;e*J T _e�'a �c_ according _ No. 4, acco_� ng to the plat recorded i.^. volt:^e 84 of P1a s Page 68, rac.r.'.s eL Yi-Ig County, fief.. � 1. SUBJECT: RECYCLING Kent City Council Meeting Date April 16, 1991 Category Consent Calendar 2. SUMMARY ST NT: As recommended by the Public Works ommittee option of Resolution esta is Ing a poll y C �, that the City of Kent employees will participate in the in house recycling program available to them in their work place 3. EXHIBITS: Resolution 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. 3 7. UNBUDGETED FISCAL/PERSONNEL IMPACT: FISCAL/PERSONNEL NOTE: Recommended SOURCE OF FUNDS: CITY COUNCIL ACTION: NO>_ YES Not Recommended Councilmember moves, Councilmember DISCUSSION: ACTION: onds Council Agenda Item No. 3F ✓ RESOLUTION # A RESOLUTION of the City Council of the City of Kent, Washington, relating to the City's Recycling Program and the intent to establish a policy for in-house recycling for City employees. WHEREAS, the City Council has adopted the King County Comprehensive Solid Waste Management Plan; WHEREAS, the City Council is committed to meeting the recycling goals established by the Comprehensive Solid Waste Management Plan; WHEREAS, the City Council recognizes that recycling of office wastes is an important factor toward meeting those goals; NOW, THEREFORE, it is hereby resolved by the City Council of Kent as follows: Section 1. The City will establish an in-house recycling program in which all City departments and employees will participate in the best manner possible. Section 2. The City will provide an educational program for its employees with regard to recyclable materials and will provide the appropriate mechanisms to enable the employees to participate. Section 3. The program will be monitored to encourage and insure participation. Dan Kelleher, Mayor ATTEST City Clerk APPROVED AS TO FORM Roger Lubovich, City Attorney /✓ , jn,fj 1. SUBJECT• Kent City Council Meeting Date April 16. 1991 Category Consent Calendar SIGNAL MODIFICATIONS 84TH AND 208TH STREET 2. SUMMARY STATEMENT• Totem Electric of 208th and release the state. AccepOX'a's completAhe contract with Tacoma for signal modifications at 84th and of retainage after receipt of releases from 3. EXHIBITS: Memorandum from the Director of Public Works 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO /< YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. 7. EXPENDITURE REOUIRED• SOURCE OF FUNDS• CITY COUNCIL ACTION• Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3G ✓ DEPARTMENT OF PUBLIC WORKS April 11, 1991 TO: Mayor Kelleher and City Council FROM: Don Wickstrom 6-) RE: Signal Modifications 84th Avenue S. and S. 208th St. This project was awarded to Totem Electric of Tacoma on September 18, 1990 for the bid amount of $43,258. The project provided for the signal improvements and interconnect into the City's Master Traffic Signal Control Computer. Construction was completed March 27 for the total construction cost of $42,958. It is recommended the project be accepted as complete. Kent City Council Meeting Date April 16. 1991 Category Consent Calendar 1. SUBJECT: OVERLOOK APARTMENTS 2. SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Overlook Associates Limited Partnership for continuous operation and maintenance of approximately 3,640 feet of water main extension; and 1,411 feet of sanitary sewer extension constructed in the vicinity of South 228th Street and 90th Way South for the Overlook Apartments and release of cash bond after expiration of the one year maintenance period. 3. EXHIBITS: Vicinity map :v RECOMMENDED BY• (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: FISCAL/PERSONNEL NOTE: Recommended 6. 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• CITY COUNCIL ACTION: NO�_ YES Not Recommended Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H ✓ 11 c _i Road 1 6 S 206TH ST • I' gel" Sul, St.ilion 1 , _ - S ; 212TH ST W J I YI .. .. N W S 202ND ST SPRINOBROOK rn ELEMENTARYT§ SCHOOL i < o r=p- W C +� O g w .. N SE t 204T t 8 Z , SE '� T205TH W S 205TH h W ST 067H W < L(Pvt) h W < F a i -C S 206TH BEST ?O 207TH fif p r PL F a 0 37 .. SE 207TH = W tl{ S 9 07TH S 206TH ST 6 SE 206TH ST -hie 7 81n 20 H •• PANTHER LAKE PL ELEMENTARY o SCHOOL W YI > > t < p w ' S 210TH PL ,1 N g „ QI" SE 211TH ST > 212TH il4 d g0J4, _ < ST SE" 212TM ST 95 PL?Py e� r fp g P p y t o ST 2 S 3TH q•2`� *� °j N W SE 213TH S7• S ST �� j�� F ST s J ' N S 216TH a C vY', ST S .. 2 S rn �STRIAL REA C ST 6 222ND 12 7 n 13 18 PROJECT ICE ITY t NORT KEN 71 INTC 6 = M ►• 71 S • 22 ST 22STH ST M 167 I � 2 M S 232HO ST 94TH CT S = " 8 d o I � p � N C 16TH A".y SE 2167H sr ` ix le _ SE . e L Kent City Council Meeting Date April 16. 1991 Category Consent Calendar 1. SUBJECT: UTILITY CONSULTING SERVICES 2. SUMMARY STATEMENT: Authorization for the Mayor to sign an agreement for utility consulting services with Utilitec Corporation. Utilitec agrees to examine the City's Puget Power accounts for the purposes of determining overcharges for which the City will pay 50 percent of the recovered charges in the form of refunds or credits and agrees to pay Utilitec for future savings at the 50 percent rate for a period of 12 months. The City will make no other outlay for consulting services except from monies saved in reduced cost or refunds. sti+ agreement ms- 3. 4. 5. Mn EXHIBITS: Memo from the Finance Director and Agreement for utility consulting services RECOMMENDED BY: Finance Department, IBC and Operations Committee (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCALVPERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended EXPENDITURE REOUIRED• $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember. DISCUSSION: ACTION: moves, Councilmember seconds Council Agenda Item No. 3I✓ 11CCARTHY1TONY / KENT70/FN - HPDesk print. ----------------------------------------- )ject: UTILITEC AGREEMENT C"feator: Tony MCCARTHY / KENT70/FN Dated: 04/02/91 at 1830. TO: OPERATIONS COMMITTEE A LOCAL COMPANY, AFFILIATED WITH A NATIONAL FIRM SPECIALIZING IN THE AUDITING OF UTILITY PAYMENTS MADE BY LARGE COMPANIES, HAS APPROACHED THE CITY ABOUT AUDITING ITS UTILITY SUPPLIERS. THEY PROPOSE TO DO THE AUDIT WORK FOR 50% OF ALL RECOVERED OVERCHARGES AND 50% OF FUTURE SAVINGS FOR A 12 MONTH PERIOD. IN THE EVENT THAT THEY NEITHER RECOVER OVERCHARGES NOR REDUCE FUTURE BILLINGS, THEY ARE PAID NOTHING. THE CITY'S ANNUAL ELECTRIC, NATURAL GAS, TELEPHONE, WATER, SEWER, AND DRAINAGE BILL TOTALS CLOSE TO 2 MILLION A YEAR. THE CITY'S EFFORT IN THE PROJECT WOULD BE PULLING BILLS FOR THE LAST 12 MONTHS. BECAUSE THERE IS THE POTENTIAL THAT THE CITY IS PAYING A WRONG UTILITY TARIFF, BECAUSE PUGET POWER WELCOMES A REVIEW, AND BECAUSE THE CITY HAS NOTHING TO LOOSE; THE IBC RECOMMENDS A PILOT PROJECT WITH PUGET POWER. BECAUSE UTILITEC IS BRAND NEW AND WITHOUT A LOCAL TRACK RECORD, THE INITIAL RECOMMENDATION IS FOR ONE UTILITY ONLY WITH POSSIBLE EXPANSION TO OTHER UTILITIES. THE LAW DEPARTMENT HAS REVIEWED AND REWORKED THE CONTRACT TO PROVIDE PROPER PROTECTION FOR THE CITY. AGREEMENT FOR UTILITY CONSULTING 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 UtiliTec Corporation,'located at 404 West Titus Street, Kent, Washington 98032 (hereinafter, "UTILITEC"). I. The CITY and UTILITEC agree that UTILITEC will serve as consultant for the CITY in connection with the CITY'S Puget Power electric bills. II. UTILITEC agrees to examine the CITY'S Puget Power accounts for the purpose of determining OVERCHARGES which may now exist or have existed on previous billings. UTILITEC will prepare documentation deemed necessary to negotiate with Puget Power to have OVERCHARGES removed and obtain REFUNDS and/or CREDITS for PASSED OVERCHARGES. III. The CITY agrees to pay UTILITEC Sn percent (_%) of ALL ' RECOVERED OVERCHARGES in the form of REFUND(S) or CREDIT(S). Payment shall be due within ten (10) days from the date the CREDIT first appears on the CITY'S billing or ten (10) days from receipt of REFUND. IV. In the event UTILITEC is successful in obtaining a REDUCTION in the CITY'S BILLINGS, whether by correction of error(s), rate change advisement, or any combination thereof, that shall manifest in FUTURE SAVINGS, CITY agrees -to pay UTILITEC S0 percent (_%) of the ACCUMULATIVE.SAVINGS for a twelve (12) month period beginning the date the savings FIRST appears on CITY'S bill. All fees are due and payable within ten (10) days of such appearance. PROVIDED THAT the CITY shall incur no obligation to UTILITEC for any REDUCTION in BILLINGS if such REDUCTION occurs.throggh no effort of UTILITEC under the terms and provisions of this AGREEMENT. V. In conjunction with this AGREEMENT, UTILITEC will not require any PROCESSING FEES, nor shall UTILITEC charge any RESEARCH FEES for cases of. complex review. In event there is NO REFUND, CREDIT and/or REDUCTION in the PAST, PRESENT and/or FUTURE MONTHLY CHARGES, there shall be no fees whatsoever due to UTILITEC. VI. The term of this AGREEMENT shall be ONE (1) year from the date ,of acceptance. The.CITY, at its sole option, may renew this contract at one-year intervals for a total of FIVE (5) consecutive years. The CITY shall provide UTILITEC with written notice of renewal at least SIXTY (60) days prior to the beginning of any renewal period. .VII. Either party may terminate this AGREEMENT without cause upon giving thirty (30) days written notice. VIII. The CITY shall, in a timely manner, give its full cooperation to UTILITEC in completing any forms and in providing required information, including copies of appropriate backup documents. IX. MARKETING REPRESENTATIVES of UTILITEC shall not and cannot bind this AGREEMENT. X. UTILITEC 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 arising from or in any way related to the performance of UTILITEC'S services to the CITY under this AGREEMENT. The obligations agreed to in this paragraph X shall survive the term of this AGREEMENT and remain enforceable thereafter. XI. UTILITEC, at its sole cost and expense, shall perform and comply with all applicable laws of the United States, the State of Washington, the City of Kent, and rules, regulations, orders, and directives of their administrative agencies and the officers thereof. XII. UTILITEC, at no expense to the CITY, shall secure and maintain in force and effect during the terms of this AGREEMENT all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof. - 2 - XIII. This AGREEMENT does not constitute UTILITEC as the agent or legal representative of the CITY for any purpose whatsoever. UTILITEC is not granted any express or implied right or authority to assume or.create any obligation or responsibility on behalf of'or in the name of the CITY or to bind the CITY in any manner or thing whatsoever. This AGREEMENT calls for the performance of services of UTILITEC as an INDEPENDENT CONTRACTOR and UTILITEC will not be considered an employee of the CITY for any purpose. XIV. Any assignment of this AGREEMENT by UTILITEC without the written consent of the CITY shall be void. XV. ' 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 maybe hereafter specified in writing. XVI. This AGREEMENT shall be governed by -the laws of the State of Washington. XVII. 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 the parties relative to the actual service provided, or the sufficiency of the performance hereunder. If any dispute arises between the CITY and UTILITEC under any of the provisions of.this AGREEMENT which cannot be resolved by the CITY's determination within a reasonable time, jurisdiction of the resulting litigation shall be,with the King County Superior Court. XVIII. The consultant shall comply with all federal laws, state laws and city ordinances prohibiting employment discrimination by reason of race, - 3 - religion, color, sex or national origin against any person who is qualified and available to perform the work described in the terms of this AGREEMENT. XIX. This AGREEMENT, including the exhibits and addenda attached hereto and forming a part hereof (if any), are all of the covenants, promises, agreements, and conditions, either oral or written, between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. UTILITEC BY Its Notices should be sent to: UtiliTec Corporation 404 West Titus St. Kent, Washington 98032 (206) 389-9610 CITY OF KENT BY Its APPROVED AS TO FORM: City Attorney. ATTEST: City Clerk 6500L-32L - 4 - Kent City Council Meeting Date April 16. 1991 Category Consent Calendar 1. SUBJECT: CORRECTIONS UNION LABOR AGREEMENT 2. As recommended by the Operations - Committee za ion or or o gn a orrections\ Union Labor Agreement. J f 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Operations IBC and IPC (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAUPERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended X Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember DISCUSSION: ACTION: moves, Councilmember seconds Council Agenda Item No. 3J ✓ Message. Dated: 04/03/91 at 1724. Subject: CORRECTIONS UNION LABOR CONTRACT - FISCAL NOTE Sewer: Mayene MILLER / KENT70/FN Contents: 2. TG,..,Don OLSON / KENT70/PR Part 1 FROM: Mayene MILLER / KENT70/FN TO: Ed CHOW / KENT70/AD Tony MCCARTHY / KENT70/FN Don OLSON,/ KENT70/PR Part 2. THE PERSONNEL DEPARTMENT IS REQUESTING APPROVAL OF A TWO YEAR CONTRACT FOR THE CORRECTION OFFICERS. THE UNION HAS ACCEPTED THE CONTRACT PROPOSAL. IN TH WMPENSATION AREA OF THE CONTRACT, THE MONTHLY BASE WAGE FOR 199� WILL BE�'U�'� 012HIS IS THE SAME PERCENTAGE RECEIVED BY NON UNION EMPLOYEES. 1992 WAGES WILL INCREASE BY 90% OF CPI WITH MINIMUM OF 0, MAXIMUM OF 6%, THE SAME AS THE OTHER POLICE UNION CONTRACTS. LONGEVI•TY AMOUNTS HAVE CHANGED FROM A FLAT DOLLAR AMOUNT TO THE SAME PERCENTAGE AMOUNTS AS THE OTHER POLICE UNION 2ONTRACTS. EDUCATION PAY OF $30 TO $90 IS ALSO THE SAME AS OTHER POLICE UNION ONTRACTS. PHE 1991 COMPENSATION COST OF THE NEW CONTRACT IS APPROXIMATELY $48,530. PHE CORRECTIONS BUDGET INCLUDED 4% OR $29,442. THE $19,088 FOR THE ADDITIONAL 3. , LONGEVITY AND EDUCATION PAY IS AVAILABLE IN THE RESERVED SALARY ONTINGENCY . "HE IBC RECOMMENTS APPROVAL OF THE TWO YEAR CORRECTIONS CONTRACT WITH THE �19,088 TO COME FROM THE BUDGETED SALARY CONTINGENCY OF THE GENERAL FUND. SINCE THIS IS A REALLOCATION OF ALREADY APPROVED FUNDS, A BUDGET CHANGE IS 1OT REQUIRED. CITY OF KENT'S CONTRACT OFFER TO UNITED STEELWORKERS OF AMERICA LOCAL 1088 (CORRECTIONS OFFICERS) 1991-1992 The following contract offer includes items that were tentatively agreed upon between the parties during their recent labor negotiations, and other items that the City feels are appropriate for inclusion in the new collective bargaining agreement. This contract offer should be considered by the Union as the City's "best" and "final" offer. The offer is retroactive to January 1, 1991, however, if the Union rejects this offer, the City reserves the right to withdraw, the entire offer. If that occurs, all terms and conditions of employment incorporated in this offer will be subject to re -negotiations, with the assistance of a state mediator. OFFER [The agreement herein] This labor contract contains the entire agreement between the United Steelworkers of America, AFL-CIO for and on behalf of Local #1088, (hereinafter known as the "Union") and the City of Kent, Washington (hereinafter known as the "City"). The purpose of this agreement is for the establishment of wages, hours of work and working conditions for ARTICLE I.- RECOGNITION AND BARGAINING UNIT Section 1.1 Recognition of the Union The City recognizes the United Steelworkers of America, AFL-CIO on behalf of Local #1088, as the exclusive bargaining representative for all employees in positions IisLed in the wane schedule. Section [2.51 1.2 Attendance - Negotiating Sessions [/Grievance Arbitration) A. Time off with pay shall be limited to regular negotiation[s] sessions between the City and the Union negotiating team member's scheduled duty hours. This section shall apply only to members of the negotiating team. B. Police administration reserves the right to determine the amount of time and specific hours of official time, if any, which will be approved for Union officials or members to conduct Union business while on duty. •ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section 2.1 Eligibility The City and Union recognize that employees within the bargaining unit may, at their discretion, [elect or maintain membership or nonmembership in] become 2714W-39W - I - members of the Union. Intent to join[, in writing,] must be furnished to the City in writing prior to formal membership for the purpose[s] of uniform dues deductions. Section 2.2 Union Membership The Union accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status. Neither party shall discriminate against any employee because of membership or non -membership in the Union. However, this clause shall not restrict the Union from providing internal, [u] Union -sponsored benefits to Union members only. Section 2.3 Excluded Employees [The following employees shall be excluded from the bargaining unit.] Supervisory personnel above the rank of Corrections Sergeant and all other non -corrections personnel of the City are excluded from the bargaining unit. Any dispute arising in the future as to the inclusion or exclusion of a position from the bargaining unit will be presented to the Public Employment Relations Commission (PERC) for determination. Section 2.4 Dues Deduction The following procedures shall be followed in the deduction of dues for members of the United Steelworkers of America, AFL-CIO. A. The City agrees to the deduction of monthly dues uniformly levied by the Union for those employees who elect to become members of the Union and who request in writing, to have their regular monthly Union dues deducted on the basis of individually [signed] and voluntarily signed check -off authorization cards. IUA C. Each month[,] the City shall remit to the International Treasurer of the United Steelworkers of America, AFL-CIO, all dues deducted for Local 1088, together with a list of employees and the amount deducted from each employee. 2714W-39W - 2 - [C.]D. The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders and other judgments brought or issued against the City as a result of any action taken by the City under the provisions of this Article, unless caused by the [sole] negligence of the City. ARTICLE 3 - EMPLOYMENT PRACTICES Section 3.1 Personnel Reduction Should it become necessary due to budgetary conditions, lack of work, or any other reasonable cause, to reduce the number of Correction's employees in this unit, the following basic provisions will apply: A. It shall be the responsibility of the City to determine the job classification in which layoffs are to occur. [Such f]Eactors such as nature of function performed, risk to overall public safety, and impact on the Police Department operations[,] shall be weighed to determine areas [where] in which reduction can be made. B. Reductions, transfers, or layoff of [certified] employees [in the bargaining unit] shall be accomplished in accordance with the rules and regulations established by the Kent Civil Service Commission. Section 3.2 Severance Pay/Notice All employees shall. in the event of a reduction in force, be entitled to two (2) weeks notice of such layoff and shall be paid, at the time of separation, a sum equal to two (2),weeks pay at the current rate of pay. Such severance pay shall be in addition to any and all monies due the employee at the time of separation. [Provided, however, t]This section, howev_ers shall only apply to employees who are terminated because of layoff by the City! [V]v_oluntary terminations and other terminations not classified as layoff are excluded from the provisions of this section. Section 3.3 _ Establishmentofl Reinstatement Registers A. The names of regular or certified employees who have been laid off shall be placed [up] on a reinstatement register for the same class from which they were laid off. [Such] This reinstatement register shall [not] be in effective past one (1) year] for two dears from the date of [termination of any employee.] Doff or reduction. B. Refusal to accept permanent work with the Kent Police Department from a reinstatement register shall terminate all rights granted under this section, provided the work is in the same civil service classification C. [Order of Reinstatement -] If a vacancy is to be filled from the reinstatement register certification shall be made on the basis of length of service. The regular employee on the register who has the most service credit shall be reinstated first_ [reinstated in accordance with the rules and regulations established by the kent Civil Service Commission.] 2714W-39W - 3 - Section 3.4 Recalls In the event a certified employee leaves the service of the City due to reduction in force and within the next two 2 years the City rehires said former employee in the same classification to which assigned at the date of reduction, such employee shall be placed at the step in the salary range which the employee occupied at the time of the original reduction. Section 3.5 Affirmative Action/Nondiscrimination Proposed New Language A. Section 3.6 Personnel Files A. [The] [p]Personnel files are the property of the City. The City agrees that the contents of the personnel files, including the personnel photographs, shall be confidential and [shall] restricted [the use of information in the files] to internal use by the management of the Corrections Facility andLr the Personnel [Department] Director. This provision shall not restrict such information from becoming the subject to due process by any court or administrative personnel tribunal. It is further agreed that information may be released to outside groups subject to the approval of both the City and employee_ [provided, that nothing in this section shall prevent a] An employee may view [of the City from viewing] his/her original personnel file in its entirety, upon written request[, stating] that states the reason for the review. Such review will be conducted in the nracanra of the Chief. Captain, or Lieutenant of the Police t their files. pies of any materials in 2714W-39W - 4 - ARTICLE 4 - HOURS OF WORK. AND OVERTIME Section 4.1 Hours of Work Section 4.4 Overtime Pay for Court Appearances If [In the event that] court appearances are required, the City shall attempt, [wherever possible,] to schedule such appearances during an employee's regular duty shift[,] rather than on furlough days. Such appearances outside of the regular duty schedule shall be compensated for as follows: ARTICLE 6 - SICK LEAVE Section 6.1 Sick Leave Policy Sick leave policies shall be administered in accordance with City policy. Administration and approval of sick leave shall be consistent with provisions in the City of Kent Policy Manual. Addi_t_ionally, empj-qyees [However, members of the bargaining unit shall have their] sick leave accounts will be credited with 24 additional hours annually. The credits shall be provided on January of each year. Employees hired after January 1 of any calendar year shall receive additional hours on a prorated basis. Section 6.4 On -Duty Injury Leave Provision Director. Section 6.5 Maternity/Paternity Leave ARTICLE 7 - HOLIDAYS Section 7.1 Holidays Observed The following named holidays will [shall] be considered as observed holidays for full time employees. 1) New Year's Day 2) Martin Luther King Day Dates to be incorporated 2714W-39W - 5 - 3) President's Day 4) Memorial Day 5) Independence Day 6) Labor Day 7) Veteran's Day 8) Thanksgiving Day 9) Day after Thanksgiving 10) Christmas Day 11) Floating Holiday (personal) 12) Other holidays proclaimed by the Mayor or City Council Each year t[T]he City shall specify[, each year,] the date on which the above holidays will [shall] be observed. Section 7.2 Holiday Compensation A. Members of the bargaining unit shall be entitled to a combination of 88 hours of time off with pay and compensation in lieu of time off during each year. B. The City shall purchase four (4) holidays from members of the bargaining unit each year which include Martin Luther King Day; President's Day; Veterans Day; and the individual floating holiday. The City will issue a holiday check to all qualified members of the bargaining unit on or about December l of each year for the holidays purchased. Members working less than a full calendar year will receive such holiday compensation in a proportion equal to their employment during the calendar year. Those employees who wish to receive pay for their unused holidays, in addition to the purchased holidays, will have the option of receiving this pay on an annual basis, and such pay shall be included with the annual "holiday buy out" check. Those employees who exercise this option shall submit their request, in writing, to the Chief of Police no later than November l5th each ,year. C. Bargaining unit employees who are scheduled to work on one of the holidays listed in Section 7.1 shall be compensated at the rate of 1-1/2 times the regular base pay for all hours worked. However, employees who are required to work Thanksgiving or Christmas shall be compensated at a rate of two (2) times their base pay. D. Bargaining unit employees who are scheduled to work on one of the non -purchased holidays shall in addition to the provision of "C" above be entitled to take the holiday off at a later date subject to approval of the Police Administration. E. Bargaining unit members who are scheduled to work on one of the purchased holidays (4 holidays) shall be entitled to only that compensation stated in "C" above. Additional time off at a later date is not provided. 2714W-39W - 6 - F. Bargaining unit members whose regularly scheduled day off falls on any of the non -purchased holidays shall be entitled to the holiday(s) off at a later date subject to the approval of the Police Administration. However, employees whose regularly scheduled day off falls on any of the purchased holidays (4 holidays) shall not be entitled to a day(s) off at a later date. G. Shifts which are eligible for time and one-half as outlined in Section 7.2 are only those shifts which begin work within the twenty-four (24) hour period considered to be holidays in Section 7.1. However, employees required to work swing or grave shifts on Christmas Eve shall also be compensated at the rate of time and one-half. Additional time off at a later date shall not be provided employees required to work Christmas Eve. ARTICLE 8 - EDUCATION ALLOWANCE Section 8.1 General Policy The City recognizes the need to encourage and promote educational opportunities for employees_[, subject to budgetary limitations]. The City will reimburse personnel for costs incurred in receiving approved training upon satisfactory completion of such training. Eligible costs include: Section 8.2 Class Attendance Employees who [wish to] attend classes offered by schools, colleges, universities, or other training organizations must do so during their off -hours. In special cases, subject to departmental approval, an irregular work schedule may be arranged in order for an employee to attend courses that are not offered during off -hours. Hours spent by an employee while attending class or studying for such class during off -hours will not be considered compensation hours unless otherwise required by law. Section 8.3 Reimhursement for Training B. Upon completion of approved training, [the] employees must prepare a request for reimbursement,. itemizing actual expenses incurred and include[ing] a copy of the training authority's[ies'] certificate of completion or grade report.. C. Paid receipts for training costs must accompany the request for reimbursement. The City will reimburse [the] employees [for] only for those costs that have been approved and for which paid receipts are attached to the reimbursement request. D. Employees requesting reimbursement must submit [the requests, with receipts and supporting documentation, within 30 calendar days following successful completion of the approved course(s). Requests not received within 30 days will not be considered for reimbursement, unless good cause is shown. 2714W-39W - 7 - ARTICLE 9 - ANNUAL LEAVE Section 9.2 Scheduling Annual Leave Annual leave shall be granted to employees at the time of the employee's choosing, provided the departmental work schedule would not be adversely affected by their absence. Section 9.3 Seniority Rights If two or more employees request annual leave or [at] the same dates, but [and] it.is not feasible to allow those [the] employees [so requesting annual leave] to take leave during the same period, then preference shall be granted on the basis of seniority, provided both employees requested said leave on th granted in respect to who requested first [the departmental policy for requesting annual leave has been complied with.by the senior person]. agreed that determination will be made by date of written request. Section 9.4 Maximum Accrual Employees can accrue and maintain 240 hours of annual leave, as set forth in accordance with City Policy 3.2.1. Annual leave will be audited on December 31 of each year. Employees may exceed the maximum accrual limit on January 1 of the following calendar year, but it is the employee's responsibility to insure that accrued annual leave hours are at or below the 240 hour limit by December 31 of the following year. Compensatory and Holiday accumulation and use is considered separate from annual leave accrual and use. The City will schedule annual leave so as to maximize the opportunity for employees to utilize annual leave so they may comply with the 240 hour maximum accrual limit. These provisions do not prohibit carryover of annual leave hours beyond the maximum limit when exceptional circumstances exist. Carryover can only occur when requested by employees in writing and when approval is granted by the Police Chief and/or City Personnel Director. Approval of carryover is done on a case -by -case basis and does not serve as precedent for any subsequent requests. NOTE: This proviso will be incorporated in the Corrections Officers Agreement by reference through a letter of understanding. ARTICLE 11 - BEREAVEMENT LEAVE [Members of the bargaining unit] Employees shall receive leave due to -a death in the family/funeral leave purposes uniform policy in effect for all employees of the City of ARTICLE 12 - CITY SUPPLIED EQUIPMENT leave with pay for consistent with the Kent. n 2714W-39W - 8 - ARTICLE 13F121 - SAVINGS CLAUSE It is agreed that the City and the Union retain the right to reopen this agreement, during the term of the agreement, in the event of amendment to the Fair Labor Standard Act (FLSA) or implementation of or amendment to United States Department of Labor Regulations. It is understood that the reopening of the contract pertains only to amendments implemented by law or regulations. It is agreed that the City has the primary responsibility to_ .. _ r__._ 1 -1.-- C4Art and FariaraI If any article of this agreement,. or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this agreement and addenda shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. If any provisions of this agreement I are found by a court of competent jurisdiction to be in conflict with the current Civil Service Rules and Regulations or Laws of the State of Washington, the latter shall prevail. Section 13.2 Waiver of Rights - Non -Bargained Items The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this agreement. Therefore, except as otherwise provided in the agreement, the City and Union, for the duration of this agreement, each voluntarily and without qualification agree to waive the right to oblige the other party to bargain with respect to any subject or matter whether or not specifically referred to or covered by this agreement. ARTICLE 14F131 - ENTIRE AGREEMENT FSection 14.1 Entire Agreement]. FSection 14.2 Potential Modificationsl IThe City and Union agree that should the Emergency Closure Section and/or the Personnel Files Article of the Police Officers bargaining unit contract for 1990 be modified then, such modifications will be prospectively incorporated in the 1989/90 Correction's Officer Contract along with any specific benefits associated with such modifications.] 2714W-39W - 9 - ARTICLE 16[151 - PERFORMANCE OF DUTY Section 16.1 Non -Strike Provisions Nothing in this agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse to perform the employee's assigned duties to the best of the employee's ability. The Union and employees it represents agree that they shall not condone or cause any strike, slowdown, mass sick call, or any other form of work stoppage or interference to the normal operation of the Kent Police Department. Section 16.2 Performance of Duty It is agreed that all members of the bargaining unit shall perform all functions and duties required by laws of the State of Washington, ordinances of the City of Kent, Civil Service rules and regulations and regulations and operating policies of the department. Provided, however, where articles or sections of this agreement are in conflict with ordinances and policies, the agreement will prevail. ARTICLE 17 - CONFERENCE BOARD Section 17.1 Mutual Concerns There shall be a Department Conference Board consisting of three Union representatives named by the Union and three (3) department representatives named by the Chief_[of the Department.] The Chief [Department Head], or his her representative, shall sit as one of the three (3) City representatives when it is practical [to the maximum extent practicable], but any of the six (6) members may be replaced with an alternate from time to time. The conference board shall meet quarterly or more often as mutually determined and shall consider and discuss matters of mutual concern that pertain to the improvement of the department and the welfare of the employees. [It is also agreed that either party may add additional members to its Conference Board committee whenever deemed appropriate.] The purpose of the conference board is to deal with matters of general concern to members of the department as opposed to individual complaints of employees. Accordingly, the conference board shall not discuss grievances properly the subject of the procedure outlined in Article 18, except to the extent that such discussion may be useful in suggesting improved department policies. Either the Union representatives or the City representatives may initiate discussion of any subject of a general nature affecting the opera- tions of the department or its employees. An agenda shall be prepared and distributed in advance of each meeting and minutes shall be kept. Nothing in this article shall be construed to limit, restrict, or reduce the management prerogatives outlined in this agreement. Section 17.2 Communications with the City Administrator 2714W-39W - 10 - A. [MR C. of concern. D. Minutes of each meeting shall be kept. Section 17.3 Contract Modification ARTICLE 18 - GRIEVANCE PROCEDURE Proposal submitted by the City to the Union on 02-12-91. Section 18.1 Grievance or Dispute Over Provisions of Agreement A procedure is hereby established as a means to resolve grievances. Grievance shall be defined as a claim or dispute by an employee or group of employees with respect to a violation of the provisions of this agreement. Grievances must be resolved in the following manner. Failure to follow the time frames set forth below shall constitute waiver of the grievance. Disciplinary action shall not be subject to this grievance and arbitration process. Step 1. A grievance shall be reduced to writing and presented by the aggrieved employee within ten (10) working days of the alleged contract violation to the employee's immediate supervisor and the Corrections Division Commander. The parties agree to make every effort to settle the grievance at this stage promptly. The immediate supervisor(s) or the Corrections Division Commander shall answer the grievance within five (5) working days after bei.ng notified of the grievance. Step 2. If not resolved above, the grievance shall be reduced to writing and be submitted to the Department Head by the aggrieved employee and/or the Union within ten (10) working days following the completion of Step 1. The written grievance shall include a statement of the issue, the section(s) of the Agreement allegedly violated, facts of the case, and remedy sought. A meeting shall be arranged between the City and representatives of the Union. Following that meeting the party responding to the grievance shall give its written response within ten (10) working days of the completion of the meeting. 2714W-39W - 11 - Step 3. Grievances not settled within ten (10) working days following Step 2 shall then be presented by the Employee and/or the Union directly to the City Administrator or his designee. A meeting shall be arranged between the City and representatives of the Union. The City Administrator shall then submit a decision, in writing, on the grievance within ten (10) working days from the completion of the Step 3 meeting. Copies of the decision shall be provided to the filing party and/or its representative. If resolved, the basis for resolution shall be reduced to writing and signed by both parties. Step 4. In the event the decision reached by the City Administrator or his/her designee is unsatisfactory to the parties submitting the grievance, the grievance may, within ten (10) working days, be submitted to the Mayor or his/her designee for review. Step 5. In the event the decision reached by the Mayor or his/her designee is unsatisfactory to the parties presenting the grievance, the grievance may, within fifteen (15) working days, be submitted to arbitration. The Union and City shall mutually select an arbiter from a list supplied by the Federal Mediation and Conciliation Service. B. The Arbiter shall render his decision based on interpretation and applications of the provisions of this Agreement. The decision shall be in writing and copies sent to the City and the Union. C. The decision of the Arbiter shall be final and binding upon all parties to the grievance provided the decision does not involve action by the City which is beyond his/her jurisdiction. D. Neither the Arbiter nor any persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement. E. All expenses incurred in the arbitration process shall be borne as follows: 1. Expenses incurred by the Union shall be borne by the Union. 2. Expenses incurred by the City shall be borne by the City. 3. Expenses or fees of the Arbiter shall be borne equally by the Union and the City. Section 17.2 Civil Service Grievance Procedures An employee covered by this Agreement must upon initiating objections relating to disciplinary action follow pertinent Civil Service appeal procedures. Other actions subject to appeal through either this contract grievance procedure or pertinent Civil Service appeal procedures must follow either the grievance procedure contained herein or pertinent procedures regarding such appeals for the Civil Service Commission. Under no circumstances may an 2714W-39W - 12 - employee use both the contract grievance procedure and Civil Service Commission procedures relative to the same action. ARTICLE 18 - COMPENSATION First Year Effective January 1, 1991, the monthly base wage rates set forth in Section 18.1 for the year 1990 will be increased by 6.4%. Second Year Effective January 1, 1992 monthly base contractual wage rates will increase by 90 percent of the CPI-W (Seattle -Tacoma) for the period of July 1, 1990 through June 30, 1991, with a minimum increase of four percent and up to a maximum increase of six percent. Salary Plan The salary plan requires that corrections employees in the Department must satisfactorily serve forty-two (42) consecutive months in the Kent Police Department in order to reach the top step of the pay plan. Changes in step will be made upon the completion of each cumulative service period (i.e. after 6 months, after 18 months, after 30 months, after 42 months). Section 20.8 Timely Compensation Section 20.3f18.31 Premium Pay A. Premium pay of five percent (5%) above base wage shall be granted to employees while they are actively functioning as Field Training Officers in the Corrections Division of the Kent Police Department. Section 20.01 8.41 Working Out of Classification The City agrees to compensate employees assigned by competent authority to positions of higher authority and responsibility. Assignments shall be limited to the positions of Corrections Sergeant and Corrections Lieutenant. Employees must be assigned for a minimum of four (4) hours before additional compensation will be paid. Employees assigned to act in the position of Corrections Lieutenant shall receive compensation at the A Step of the Lieutenant's salary range or 2-112% above a Sergeant's base wage, whichever is greater. 2714W-39W - 13 - Section 20 5r18 21 Longevity Pay Completion of 5 years - 1 percent Completion of 10 years - 2 percent Completion of 15 years - 3 percent Completion of 20 years - 4 percent Section 20 6rl8.51 CIothi9 and Egui ment A. The City shall furnish employees with clothing and equipment required to perform their assigned duties. E. Employees shall have uniforms supplied and maintained by the City. Section Educational Incentive Plan Effective January 1, 1991, an Education Incentive Program shall be provided for qualified corrections officers. For those officers who qualify, educational levels will be compensated at the following rate: ASSOCIATE BACHELORS MASTERS A. $30.00 per month $60.00 per month $90.00 per month B. *Questions regarding whether or not a particular degree is or is not job related will be resolved by a joint committee consisting of an equal number of members from the Union and the City, not to exceed three (3) members from each side. Education Incentive shall be paid beginning from the first of the month following the month in which the employee first qualifies for the incentive. C. Those employees who have attained a "Junior" status at an accredited university or college will receive the same compensation as an employee with an AA degree. In order to qualify for the compensation all of the credits earned must be consolidated with one accredited university or college. It is the employee's responsibility to provide proof of qualification. D. Compensation will be provided based upon the highest educational level attained and there shall be no pyramiding of educational degrees. The provision is only being offered based upon the Union agreeing to a two (2) year labor agreement. Section 20.8 Timely Compensation ",,,,. ..... . - - -- -- - days. This section will take effect when the City's new "Payroll Automation System" is fully operational. 2714W-39W - 14 - Section 20 9 Effective Date of Compensation Increases ARTICLE - EMPLOYEE RIGHTS COMPLAINTS AGAINST EMPLOYEES PROCEDURE The City retains the right to adopt rules for the operation of the Kent Police Department and the conduct of its employees provided that such rules do not conflict with City Ordinances, Civil Service Rules and/or regulations, or any provision of this Agreement. It is agreed that the City has the right to discipline, suspend, or discharge any employees subject to the provisions of the City Ordinances and Civil Service Rules Regulations as they exist at the time of the incident and terms of this Agreement. Section Employee Rights A. In an effort to ensure that investigations made by an officer as designated by the Chief of Police of the Kent Police Department, are conducted in a manner which is conducive to good order and discipline, employees covered by this agreement shall be entitled to the protection of what shall hereafter be termed as the "Complaints Against Employees' Procedure." B. Every employee who becomes the subject of an internal investigation shall be advised in writing at the time of the interview that he/she is suspected of: 1. Committing a criminal offense; or 2. Misconduct that would be grounds for termination, suspension, or other disciplinary action; or 3. Not being qualified for continued employment. with the Department. C. Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews. This representation by counsel is confined to counseling, and not to actual participation in the investigation. A criminal investigation as used herein shall be interpreted as any action which could result in the filing of a criminal charge. A major investigation as used elsewhere in this article shall be interpreted as any action which could result in dismissal from the Department or the filing of a criminal charge. D. The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. E. Before any interview commences, the employee shall be informed, in writing, of the nature of the major investigation, and whether he is considered a witness or suspect at that stage of the investigation, 2714W-39W - 15 - before any interview commences including the information: who is the complainant or the victim, what reportedly took place, when it happened, and where it happened. F. The interview of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Whenever practical, interviews shall be scheduled during the normal workday of the City. G. At the cost of the requesting party and in accordance with Washington State Law, RCW 9.73, the employee or City may request that a major investigation interview be recorded, either mechanically or by a stenographer. There can be no "off-the-record" questions. Upon request, the employee under a major investigation shall be provided an exact copy of any written statement the employee has signed or, at the employee's expense, of a verbatim transcript of his interview. H. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all major investigation interviews, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of the employee's own choosing, before being interviewed. The employee shall be entitled to such intermissions as the employee shall request for personal,necessities, meals, telephone calls, and rest periods. Any intermissions of over fifteen minutes requested by the employee in a one -hour period will be without pay. I. No employee who is the suspect in an investigation shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self-incrimina- tion. Nor shall this employee be dismissed for or shall any other penalty be imposed upon the employee solely for a failure to submit to a polygraph test, or to answer questions for which the employee might otherwise invoke the protection of any constitutional amendment against self-incrimination. J. Should any section, subsection, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. K. The union recognizes the administration's effort to improve procedures involving complaints against its members. In an effort to ensure that these procedures are accomplishing their goals, there will be an annual review of the procedures in a meeting between the union and the department's administration. 2714W-39W - 16 - ARTICLE 21 - INSURANCE COVERAGE Section 21.1 Employee Coverage Employees in the bargaining unit shall receive a fully paid health, accident and dental coverage plan underwritten by a company who provides such insurance nation wide. The premium cost shall be paid by the City. Section 21.2 Dependent Coverage Employees in the bargaining unit have dependent coverage available under the plans offered by the City. For the contract years 1990/92, the City shall pay the entire monthly premium for the "Standard" Blue Cross Plan, however, if the employee selects the "Traditional" Blue Cross plan the employee will contribute up to $75.00 towards the monthly premiums or if the employee selects the "Group Health" plan the employee will contribute $45.00 towards the monthly premium. Section 21.3 Plans Offered The following health and accident plans will be offered to employees: A. Blue Cross of Washington and Alaska 1. Traditional Plan, or 2. Standard Plan (Prudent Buyer), or B. Group Health Cooperative (HM_OL_ Section 21.4 Employee Responsibilities Section 21.5 Life Insurance Section 21.6 Forms Handling Insurance Section 21.7 Forms Handling Insurance The Union and its membership agree to cooperate with the City in all requirements relating to insurance forms and processing such. It is mutually agreed that forms handling is a necessary part of the employee and City's duties, and that expeditious handling is in the best interest of both parties. Section 21.7 Hepatitis B Vaccination Program J] 2714W-39W - 17 - New Section - Military Leave New Section -.Smoke-Free Workplace ARTICLE Subcontracting The City retains the right to subcontract work through contracts with non -governmental entities and government agencies. The Union retains the right to negotiate regarding the effect of such decision with respect to wages, hours and terms and conditions of employment. The City will notify the Union and offer the Union an opportunity to discuss the effect of the proposed subcontracting work. The City's exercise of the right to subcontract shall not be subject to the Grievance Procedure outlined in this Agreement. The City shall advise the Union in writing that the City is considering subcontracting for services presently being performed by union members. Upon request by the Union, the parties shall meet to allow the Union an opportunity to present any alternative means besides subcontracting for the City to consider. The City has the final decision to subcontract. That final decision will be made after considering alternatives, if any, presented by the Union. If no alternatives are presented by the Union, the City's decision may be implemented without further notice. The City shall not contract out work covered by the terms of this Agreement if such contracting out would result in the reduction of salary or benefits of any bargaining unit employee employed on January 1, 1991. SubcontractinJc ARTICLE - TERM OF AGREEMENT This Agreement shall become effective when executed but no earlier than January 1, 1991, and shall remain in force until December 31, 1992. Signed this day of 1991 at Kent, Washington. 2714W-39W - 18 - APPENDIX A WORK ASSIGNMENTS SHIFT ASSIGNMENTS A. Shift assignments for Corrections Officers and Corrections Sergeants shall be determined by a bid system based on tenure in those positions with the City of Kent Corrections Facility. B. Corrections Officers tenure shall be determined from the date of hire with the City of Kent Corrections Facility. Tenure for Sergeants shall be determined by the time in grade as a regularly appointed Sergeant at the City of Kent Corrections Facility. During the initial probationary period of employment, Corrections Officers are not eligible to bid for shift assignments. C. Bids and assignments shall be made every four 4 months. The cycle for bids/assignments shall be implemented on the first Sunday of January, effective with the commencement of the day shift, the first Sunday in May, effective with the commencement of the day shift, and the first Sunday in'September. All assignments shall remain in effect until the next bid cycle unless it is determined by the City that the Corrections Officer or Sergeant will be reassigned to a non -bid assignment during that period of time. D. For Corrections Officers and Corrections Sergeants. The first and second bid process shall give priority to the most senior personnel for shift assignment preference. The third process shall result in a reversal of selection, giving first choice in shift assignment to least senior personnel. Thereafter, at the end of every third cycle, the personnel receiving priority shall alternate between the most senior and least senior. E. The bid process shall occur as scheduled. Individuals unable to participate in a bidding process shall be assigned by the City to a shift for that specific cycle. F. The City shall determine who is eligible to bid, however, ineligibility will be documented in writing and provided to the affected Corrections Officer or Sergeant. G. The City's management rights under this Bargaining Agreement remain in full force and effect. BID/ASSIGNMENT PROCESS The following provisions shall control the process of bidding and assignment in accordance with the above guidelines: A. Shift preference bids shall be delivered to the Division Commander, or designee, during the established bidding period. B. No early or late shift preference bids shall be accepted. 2714W-39W - 19 - C. Vacant positions that occur after the bid deadline shall be filled by Corrections Officers or Sergeants, as applicable. Those assignments shall continue until the next cycle. D. Assignments of all individuals shall be determined by the City. DAYS OFF ROTATION A. All bids for days off shall not include any portion of the preceding days off. B. The rotation for days off shall be the first Sunday of every January, MaY and Seatember starting with the day shift. C. Employees will be allowed to bid for their days off based upon seniority. CORRECTIONS BID/ASSIGNMENT CYCLE Corrections Officers work four (4) months with assigned days off and work four (4)_ months with assigned shifts. 2. 3. hift aand 2714W-39W - 20 - The above -referenced contract offer is only made with the express understanding, that if it is accepted by the Union within two (2) weeks of February 25, 1991, that said offer will also have to be approved by the City Attorney (as to form only), the City Council, City Administrator and Mayor, prior to it being considered by the Union as binding on behalf of the City. In the event this contract offer is not presented to the Union membership for consideration within two (2) weeks from February 25, 1991, this offer will be e rescinded. In the event the City inadvertently left something out of its offer that was tentatively agreed upon during negotiations sessions, the City will honor that item(s), in addition to the aforementioned issues. The City requests a written reply if the Union accepts this offer. 2714W-39W - 21 - Kent City Council Meeting Date April 16, 1991 Category Consent Calendar 1. SUBJECT: PiGREASErl **ITTIOR ZA9q1— F6R, CITY CHANGE FUND WfEASE 2. SUM(ARY STATEMENT: Adoption of Ordinance: 3c increasing the City's Change Fund authorization from its current level f $3,500 to $5,000. ase an L 1 1 ' } f j �- - 1°' 1LV ��u i11LL1V'1 ,� ] ee F/ bf The total current allocation is $4,225,so $775 is available for additional authorization. 3. EXHIBITS: Ordinance, memo, list of components, Ordinance 2882 4. a C'P 7. RECOMMENDED BY: IBC and Operations Committee (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCALIPERSONNEL NOTE: Recommended Not Recommended EXPENDITURE REQUIRED• $ SOURCE OF FUNDS: CITY COUNCIL ACTION• Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3K✓ MrCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- abject: INCREASED AUTHORIZATION FOR CITY CHANGE FUND _.,reator: Tony MCCARTHY / KENT70/FN Dated: 04/02/91 at 1815. TO: OPERATIONS COMMITTEE AS PART OF OUR YEAR END CLOSING ACTIVITY, WE DISCOVERED THAT IN 1990 WE OVERCOMMITTED OUR CHANGE FUND WITHOUT COUNCIL AUTHORIZATION. THIS OCCURRED BECAUSE IN 1990 WE BEGAN PROVIDING CHANGE AT THE DRIVING RANGE AND AT THE PERMIT CENTER. IN DOING SO WE EXCEEDED OUR AUTHORIZED LIMIT OF $3,500 BY $725. IN ORDER TO LEGITIMIZE THIS ACTION AND ALLOW A CUSHION FOR EXPANDED NEEDS IN THE FUTURE, THE FINANCE DEPARTMENT REQUESTS AND ORDINANCE CHANGE AUTHORIZING A $5,000 AMOUNT. THE ATTACHED LIST SHOWS HOW THE MISCELLANEOUS CASH ACCOUNTS ARE DISTRIBUTED. THE REQUEST WAS REVIEWED WITH THE IBC AND THEY RECOMMEND THE ORDINANCE CHANGE. THERE IS NO BUDGET IMPACT AS THE MONEY IS JUST MOVED FROM THE CITY'S BANK ACCOUNT TO ITS CHANGE FUND. \\BCD - �"A 3 CITY QF KENT SUMMARY OF MISCELLANEOUS CASH ACCOUNTS FOR YEAR ENDING 12/31/89 AS OF 12/31/90 Petty Cash Accounts. 1/01/89 1989 Activity -------------- TOTAL ------------ ----------------------- Finance ------------ 875.00 150.00 1,025.00 975.00 jai( 50.00 50.00 50.00 Fire 50.00 50.00 50.00 Shops 50.00 50.00 100.00 100.00 Kent Commons 100.00 100.00 100.00 Senior Center 50.00 50.00 50.00 Parks Maintenance 50.00 50.00 50.00 Golf Course 75.00 75.00 75.00 Police ------------ 50.00 --------- ------------ 1,300.00 -------------- 200.00 1,500.00 1,500.00 Change Fund Accounts ----------------------- Treasurer 400.00 400.00 400.00 Traffic Violations 50.00 50.00 50.00 Kent Commons 400.00 400.00 400.00 Senior Center 25.00 25.00 25.00 Golf Course 400.00 1,650.00 2,350.00 3,050.00 Centennial Center 300.00 Unallocated 275.00 ------------ -------------- ------------ --------- To 1,275.00 1,650.00 3,500.00 4,225.00 Si0 0 o Advance Travel Fund 6,000.00 (6,000.00) 0.00 0.00 Advance -Police Gambling 3,186.89 (2,186.89) 1,000.00 975.03 Unallocated 1,000.00 ------------ -------------- ------------ --------- 3,186.89 (2,186.89) 2,000.00 975.03 Advance -Police Buy Fund 2,000.00 9,397.12 Unallocated 18,000.00 ------------ --------- 20,000.00 9,397.12 Advance -Police Flash Fund Unallocated 100,000.00 0.00 Worker's Compensation Account 2,000.00 2,000.00 ORDINANCE NO. <:>� U ? ` — AN ORDINANCE of the City of Kent, Washington, amending Kent City Code Section 3.14.1200 and Ordinance 2825 which authorizes a change account for the City of Kent Finance Department, amending the amount thereof, and authorizing the Finance Director to transfer monies to the fund. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 3.14.1200 of the Kent City Code is ;amended as follows: 3.14.1200 CHANGE FUND. There is hereby established in the office of the Finance Director a special ((fund)) account to be known as the Change ((Fund)) Account. 3.14.1201 AMOUNT AND AUTHORIZATION. /Vi The amount of the ((Fund)) Account shall be ((ene)) t ee thousand ((eight)) dollars (({$I,-875})) 00 S 0, The Finance Director is hereby authorized to issue a check ((in-that-amexnt-trene€erring-€nods)) from the ((eurrent-expenee fund)) General Account to the change ((fund)) account in an amount necessary to raise the chance account to the_currently authorized amount. 3.14.1202 RESTRICTIONS. In no event shall the change (() account be used personal cash advances secured by check or other I.O.U. Section 2. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 3. 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 JENSEW---CITY CLERK DRA DRISCOLL, CITY A PASSED the JC day of�' 1989. APPROVED the day of z1989. PUBLISHED the day of ^' 1989. ft I hereby certify that this is a true copy of Ordinan No. c 6Sd.� passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as her indicated. (SEAL) MARIE DENSE ITY C ERK 7740-270 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending Kent City Code Section 3.14.1201 and Ordinance 2882, raising the authorized amount in the change account for the City of Kent Finance Department, and authorizing the Finance Director to transfer monies to the fund. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance 2882 is amended to read as follows: 3.14.1200 CHANGE FUND. There is hereby established in the office of the Finance Director a special account to be known as the Change Account. 3.14.1201 AMOUNT AND AUTHORIZATION. The amount of the Account shall be ((three)) five thousand ((five -hundred)) dollars ($5,000). The Finance Director is hereby authorized to issue a check from the General Account to the change account in an amount necessary to raise the change account to the currently authorized amount. 3.14.1202 RESTRICTIONS. In no event shall the change account be used for personal cash advances secured by check or other I.O.U. Section 2. Any acts consistent with the authority and prior to the effective date of this ordinance are ratified and confirmed. Section 3. 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 - 2 - Kent City Council Meeting Date April 16. 1991 Category Consent Calendar 1. SUBJECT: CENTRAL COMPUTER SYSTEM UPGRADE 2. SUMMARY STATEMENT: Adoption of Ordinance,1L authorizing the purchase of a central computer system upgrade from a sole -source vendor. Based on continued growth in the number of system users and software applications, it is necessary to upgrade the City's central computer system. With the proposed upgrade, the productivity of 250+ employees and software quality will improve, as the City's upgraded central computer grows both in performance and in compatibility with our principal software vendors computers. Hewlett-Packard, the City's principal computer hardware vendor, was selected in a City Council -approved competitive process in 1986. This upgrade represents the first major enhancement of the "central processing unit" since then. Given that the City's systems run only on HP, that our experience has been favorable, lthat the proposed upgrade is available only from HP directly, a sole -source award is appropriate. Additional funds for software licensing upgrades, training and consulting are included. Funds are available for this purpose in 1991 CIP. 3. EXHIBITS: Memo to Operations Committee, City ordinance 4. ttee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $384,210 SOURCE OF FUNDS: 1991 Capital Improvement Program 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3L ✓ MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- '-)ject: CENTRAL COMPUTER SYSTEM UPGRADE - FISCAL NOTE Creator: Tony MCCARTHY / KENT70/FN Dated: 04/09/91 at 1754. THE INFORMATION SERVICES DEPARTMENT IS REQUESTING SOLE SOURCE AUTHORIZATION TO UPGRADE THE CITY'S GENERAL PURPOSE COMPUTER SYSTEM. THE LAW DEPARTMENT HAS OR THISOAND OTHER COMPUTERINEEDS TTOTALLINGHE E$634,000WILL TWERE EAPPROVED ED 2IN•UNDS THE 1991 CAPITAL IMPROVEMENT BUDGET. BECAUSE THE CITY IS SEEING A SLOWDOWN IN REVENUE GROWTH, A HIRING AND CIP SLOWDOWN HAS BEEN INITIATED TO SAVE MONEY. AS A PART OF THIS PROCESS, THE INFORMATION SERVICES DEPARTMENT WORKED WITH THEIR USERS AND PROPOSE THAT THEIR PART OF THE SLOWDOWN WOULD INVOLVE DEFERRING THE POLICE COMPUTER UPGRADE TO EARLY 1992. THIS MET WITH POLICE'S NEEDS SINCE THEIR MORE URGENT CONCERN IS FINDING APPROPRIATE OFFICE SPACE FOR NEXT YEAR. THIS PROPOSAL WAS PRESENTED TO IBC AND CONCURRED WITH. subject: Central Computer Upgrade Creator: Ron SPANG / KENT70/IS Dated: 04/04/91 at 0933. CENTRAL COMPUTER SYSTEM UPGRADE BACKGROUND OF AUTOMATION PLAN ----------------------------- In August of 1986, the City Council approved a five-year Automation Plan, which provided for multiple city computer systems, software applications and support programs to enhance employee productivity. Capital funding of approximately $2.5 million was provided by a combination of CIP, utility and public safety bond issue monies, with the general fund addressing the associated operations costs. CENTRAL COMPUTER UPGRADE NEEDED. CIP FUNDS HAVE BEEN APPROVED. --------------------------------------------------------------- Since Plan adoption, a new central computer facility was built encompassing three mini -computers and a state of the art communications network. Innovative information systems solutions have been installed to meet a broad range of city needs, including financial and administrative, geographic information, public safety and office support systems. The number of employees now utilizing automated systems to do their daily jobs has increased from 10 in 1986 to some 250+ in all city departments and facilities. While this rapid growth has enhanced employee productivity, it has also placed demands on central support systems and staff. Additionally, it is necessary to upgrade software vendor licenses to cover necessary services of modifying software to coincide with current hardware technology. CIP funds have been approved for these purposes and are available for the proposed central computer upgrade, as outlined below SOLE SOURCE APPROPRIATE. APPROVED BY CITY ATTORNEY'S OFFICE. ------------------------------------------------------------- Selection of the city's principal computer hardware vendor, Hewlett-Packard, was approved in 1986 by the City Council, following a competitive procurement process involving dozens of vendors. City software programs which operate on HP equipment will not operate on non -HP computer equipment. Thus, it is necessary to upgrade our central computer within available HP equipment options. HP has announced a new computer, with exceptional price/performance, that offers a logical upgrade path for the city. This computer, a 3000/958, is so new that it is not yet available on the used market. Additionally, a prominent local re -seller of used HP computers has indicated that it is unlikely that they could compete against the performance of this new computer with their own used and discounted HP computers. HP's introduction of this new computer includes an additional discount, available if an order is placed by 4/30/91. The City Attorney's office has reviewed this situation from a legal perspective and supports a sole source award. The IBC has reviewed and approved the proposed upgrade of the central computer system and software licenses. FUTURE ISSUES ------------- Approval of the proposed central computer upgrade will promote employee productivity and continuing quality software products. There will be a continuing need to provide sufficient data storage devices, printers, memory and related "computer peripheral items" to coincide with the expected growth in automated systems, users and volume of data processed. Such requests will be submitted in conjunction with future CIP and/or operating budgets. In the event of user demand that significantly exceeds recent levels, such as by major annexations, demands on central information systems resources could lead to more than modest computer peripheral additions. An update of the city's Automation Plan is expected later this year to provide a more complete picture cf where city information systems are expected to be heading in the future. Pr^OMMENDATION That the City Council authorize the Information Services Director to place orders with Hewlett-Packard and associated software vendors using previously - approved CIP funds not to exceed $384,210, as outlined on the attached pages. Ul W NI j� Cl) S 1 O o o O A n co O co0 0 C) OJ S N OJ N O m A N 1 X c D m Z w c x n n m C w m QO X (D w m S = S C 71 W Q Q. CL d Ci N O IV � (W 3 m Q(7) vi m o 3� D w / r N l0 00 —i 0Y o 0 0 0 3 cc O o ND cc ) o� �. o O O D I n CD < O W (D Go cD 114-21 CD h°rd 77 �T I,C O N (DD O (D iSo I I3 (D N f' 0 cn i l0 71 O X v CD 3 N o 0 7 m o D X. m N � mQD � i N ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, authorizing the expenditure of funds from the City's Capital Improvement Program for the purchase of components to upgrade the City's central computer system from a sole source vendor. WHEREAS, in 1986, the City Council approved a five-year Automation Plan, which provided for -multiple City computer systems, software applications and support programs and, following a competitive procurement bidding process, selected Hewlett-Packard as its principal computer hardware vendor; and WHEREAS, because the City's demands on its central computer system have increased dramatically, it is now in the City's best interest to upgrade its central computer hardware system and to upgrade or modify certain software systems to coincide with the new hardware system; and WHEREAS, the City has found the Hewlett-Packard system be of excellent quality and is therefor entirely satisfied with that system's previous performance; and WHEREAS, any change of manufacturers of the City's hardware system would cause the City to incur significant additional expense because the City's software programs were chosen to operate on the Hewlett-Packard hardware system; and WHEREAS, Hewlett-Packard Corporation is the sole source vendor from which to purchase the hardware needed to upgrade the City's computer system; and WHEREAS, the City may, in accord with RCW 35.23.353 (9), waive competitive bidding requirements because the purchase of this hardware system is clearly and legitimately limited to a single source of supply; and WHEREAS, the City, if it orders the new hardware system before April 30, 1991, will receive a significant discount in its purchase of the Hewlett-Packard computer hardware; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. It is in the City's best interest to upgrade its central computer system using Hewlett-Packard as its principal vendor because the City is satisfied with its previous experience with Hewlett-Packard and because changing central computer system vendors at this time would cause the City to incur significant incidental expenses. Section 2. The City recognizes that Hewlett-Packard is the only practical source for the City's central computer system upgrade and therefor waives any obligation the City may have to call for bids for its central computer system upgrade. Section 3. The City's Information Services Director is hereby authorized to negotiate with Hewlett-Packard for the computer hardware, software and training services generally described in Exhibit A, which is attached hereto and incorporate" herein by this reference, and to place orders for the products aru - 2 - services generally described in Exhibit A by April 30, 1991 in an amount not to exceed Three Hundred Twenty -Five Thousand Thirty -Four Dollars ($325,034.00) using approved Capital Improvement Program funds. Section 4. The City's Information Services Director is hereby authorized to negotiate with its associated software vendors for those upgrades and training services necessarily related to the central computer system upgrade, which are generally described in Exhibit B attached hereto and incorporated herein by this reference, and to place orders for the products and services generally described in Exhibit B in an amount not to exceed Fifty -Nine Thousand One Hundred Seventy -Six Dollars ($59,176.00) using approved Capital Improvement Program funds. Section 5. Any acts consistent with the authority and prior to the effective date of this ordinance are ratified and confirmed. Section 6. Effective Date. Pursuant to City of Kent Ordinance No. 2848, KCC § 1.14.020 (D), this ordinance shall take effect and be in force five (5) days from and after its final passage, approval and publication as provided by law. ATTEST: MARIE JENSEN, CITY CLERK DAN KELLEHER, MAYOR - 3 - EXHIBIT A IM II. CENTRAL COMPUTER SYSTEM UPGRADE DETAIL 4/10/91 FUNDING SOURCES 1991 CIP $$ 3 PROPOSED EXPENDITURES A. Hardware - Sole Source to Hewlett Packard 1) Central Processing Unit . Model 300/958, announced 1/91 . 96 Mb main memory . MPE/XL operating system . Turbo image data base mgt. system . 2 670 Mb integrated disk drives . System Dictionary/XL Unlimited user license $ 310,000 list less: 24% state discount -74,400 3000/70 trade-in -22,800 4/30/91 order promotion -22,800 $ 190,000 net 2) Fiberlink Interface 41537 3) Upgrade 2 existing 670 Mb disk drives to fiber link 4,560 4) Datacomm and terminal controller 61785 5) Configure DTC for ThinLAN operation 16,142 6) Add11. Datacomm and terminal controller 5,654 7) Configure DTC for ThinLAN operation 81968 8) ThinLAN link 91736 9) Remote BSC link 71957 B. Software - Sole Source to Hewlett Packard 1) License for Bisync Remote Job Entry 7,843 2) Performance diagnostic software 2,204 3) HP DeskManager (includes upgrade credit) 12,160 4) TurboImage backup system 11,400 5) COBOL compiler (includes upgrade credit) 31914 6) Migration Toolset 76 C. Training - Sole Source to Hewlett Packard 1) 4 day course at Hewlett Packard X 2 11904 Subtotal $ 293,840 Plus: 8.2% sales tax 24,095 Contingency 7.099 Total - Hewlett Packard $ 325,034 EXHIBIT B CENTRAL COMPUTER SYSTEM UPGRADE DETAIL 4/10/91 I. FUNDING SOURCES 1991 CIP $ 59.176 II. PROPOSED EXPENDITURES A. Various Software Upgrades Associated with Upgrade 1) Command Data Systems (Fire) 2) Idaho Computer Systems 3) Protos (if we order by 5/31/91) 4) Data Express software upgrade 5) Omnidex Interface 6) DISC 7) VSoft (MPEX only) Subtotal Plus: 8.2% sales tax Total - Various Software Upgrades B. Consultina Associated with Upgrade 1) WCCCC conversion consulting recommendation (100 hours) 2) Infocomp product conversion consulting estimate 3) HP migration consulting Total Consulting $ 6,000 0 9,500 5,700 2,400 5,000 1,600 $ 30,200 2.476 $ 32,676 $ 9,000 7,500 10,000 $ 26,500 Total Software Upgrades/Consulting $ 59,176 1. SUBJECT: 2. Kent City Council Meeting Date April 16. 1991 Category Consent Calendar MEMORANDUM OF UNDERSTANDING - MILITARY LEAVE o � a o-rization for the Mayor to sign Military Leave -� Mem an m of Understanding which modifies the military leave policy of the City as it pertains to firefighters, and their use of such leave. / Y 3. EXHIBITS: Memorandum of Understanding 4. RECOMMENDED BY: IPC IBC and Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_� YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended M EXPENDITURE REQUIRED• $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember. DISCUSSION: ACTION: moves, Councilmember seconds Council Agenda Item No. 3M ✓ U I.L-%, CLC 1747, 110 ot? P.O. BOX 563 • KENT, WA91 IINGTON �)an92-2,963 49,01 John Willits .......... F)i q:S(rTrjT Mike Moore L SEcnETARY 19 DATE: April 2, 1991 TO: Don Olsen, Personnel Director FROM: John Willits, President S I I 13.1 F CT: Military Leave Memorandum of Understanding Unclosed with this memo are two copies of the Memorandum of understanding regarding Military Leave. Once these have been executed by the City, please return one copy to us. Thank you. AFFILIA ILI) Ail II I INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS WASHINGTONSIATeCOtINCII OFFIFIEFIGHTERS MEMORANDUM OF UNDERSTANDING BY AND BETWEEN KENT FIREFIGHTERS LOCAL 1747, IAFF AND CITY OF KENT, WASHINGTON The City of Kent (City) and Kent Firefighters Local 1747, IAFF (Bargaining Unit) have met and conferred on the application and administration of prevailing City policies regarding military leave of absence as it relates to members of the Bargaining Unit. In recognition of the unique work scheduling applied to Bargaining Unit members by the City, and to reconcile this uniqueness against the prevailing City policy, the parties agree, by their signatures to this Memorandum of Understanding, to the following language, which is hereby attached to and included in, the Collective Bargaining Agreement now in force between the City and the Bargaining unit. The City Policy on Military Leave of Absence, dated February 1, 1991, shall prevail on members of the Bargaining Unit for the duration of this agreement, with the following points of clarification: The City and Bargaining Unit agree that any employee of the Bargaining Unit who is a member of the Washington National Guard or of any Federal Military Reserve unit shall be granted military leave of absence from his or her duties with the City to perform any and all officially ordered military duties, for a combined period of time in any calendar year not to exceed the following: Fifteen (15) work periods ("15 work days") if the individual is assigned to a "day shift" position and is working either a 5-day/8-hour schedule or a 4-day/10-hour schedule. Nine (9) work periods ("9 Shifts") if the individual is assigned to a 24- hour shift position. For purposes of interpreting other provisions of the Policy related to "work clays", nine (9) 24-hour Shifts shall be the same as fifteen (15) work days. Also, by this agreement, no additional "contract" between the City and the Employee shall be required as outlined in paragraph #2 of the Policy, and the provisions of this paragraph shall apply to all Bargaining Unit members. By Dan Kelleher, Mayor Date By Don Olsen, Personnel Director Date By a John Willits, President Date �.Z-,Z , /��?/ MEMORANDUM OF UNDERSTANDING BY AND BETWEEN KENT FIREFIGHTERS LOCAL 1747, IAFF AND CITY OF KENT, WASHINGTON The City of Kent (City) and Kent Firefighters Local 1747, IAFF (Bargaining Unit) have met and conferred on the application and administration of prevailing City policies regarding military leave of absence as it relates to members of the Bargaining Unit. In recognition of the unique work scheduling applied to Bargaining Unit members by the City, and to reconcile this uniqueness against the prevailing City policy, the parties agree, by their signatures to this Memorandum of Understanding, to the following language, which is hereby attached to and included in, the Collective Bargaining Agreement now in force between the City and the Bargaining unit. The City Policy on Military Leave of Absence, dated February 1, 1991, shall prevail on members of the Bargaining Unit for the duration of this agreement, with the following points of clarification: The City and Bargaining Unit agree that any employee of the Bargaining Unit who is a member of the Washington National Guard or of any Federal Military Reserve unit shall be granted military leave of absence from his or her duties with the City to perform any and all officially ordered military duties, for a combined period of time in any calendar year not to exceed the following: Fifteen (15) work periods (1115 work days") if the individual is assigned to a "day shift" position and is working either a 5-day/8-hour schedule or a 4-day/10-hour schedule. Nine (9) work periods ("9 Shifts") if the individual is assigned to a 24- hour shift position. For purposes of interpreting other provisions of the Policy related to "work days", nine (9) 24-hour Shifts shall be the same as fifteen (15) work days. Also, by this agreement, no additional "contract" between the City and the Employee shall be required as outlined in paragraph #2 of the Policy, and the provisions of this paragraph shall apply to all Bargaining Unit members. By Dan Kelleher, Mayor Date By Don Olsen, Personnel Director Date Qy _ �e John Willits, President Date�a, CF Kent City Council Meeting Date April 16, 1991 Category Bids 1. SUBJECT: WATER SYSTEM IMPROVEMENTS ) 2. SUMMARY STATEMENT: Bid opening was"��,March 21 with four bids received. The low bid was submitted by R. W. Scott Construction in the amount of $326,764. Due to the complexity of the project and the need for a consultant to furnish construction management because of the staff shortage in Public Works, the project budget is inadequate to meet anticipated expenditures. IBC, Public Works and Operations Committees have approved the transfer of 1101000 from the Unencumbered Water Fund to this project.S ecommendt�''iI*ie contract be awarded to R. W. Scott Construction. 3. EXHIBITS: Memorandu from the Director of Public Works, bid summary and the IBC tote 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) i 5. UNBUDGETED FISCAL/PEIRSONNEL IMPACT.- /•-,A NO YES X FISCAL PERSONNEL NO E: Recommended � Not Recommended 6. EXPENDITURE RE IIIRE $ SOURCE OF FUNDS: 7. CITY COUNCIL AC ON. Councilmember 5 move, secori3s— that $110,000 b ransferred from the Unencumbered Water Fund to this project and that the contract be awarded to R. W. Scott Construction for the bid amount of $326, 764 . *-1A Se-Y_ DISCUSSION• ACTION: Council Agenda Item No. 5A ✓ DEPARTMENT OF PUBLIC WORKS April 11, 1991 TO: Mayor Kelleher and City Council FROM: Don Wickstrom 4.6 RE: Water System Improvements Four bids were received on March 21 with R.W. Scott Construction submitting the low bid in the amount of $326,764. The project provides for miscellaneous process, mechanical, electrical and instrumentation improvements at.Kent Springs, Clark Springs, the 114th Avenue Valve Station, Pump Station #4 and Pump Station #5. Due to the complexity of the project the bids were higher than anticipated. In addition, because of the staff shortages in Public Works, it will be necessary to hire a consultant to provide construction management. These factors necessitated additional funding for the project. IBC, Public Works and Operations Committees have approved the transfer of $110,000 from the unencumbered water fund for this project. It is, therefore, recommended the transfer of $110,000 from the unencumbered water fund be approved and the contract awarded to R.W. Scott Construction for the bid amount of $326,764. BID SUMMARY R.W. Scott Construction $326,764.00 Seaboard Construction $364,862.30 Lakeview Construction, Inc. $439,292.00 Olympic Western Company $478,994.91 Engineer's Estimate $307,288.00 WICKSTROM,DON / KENT70/PW - HPDesk print. Message. Dated: 04/02/91 at 1048. Subject: WATER SYSTEM IMPROVEMENTS - FISCAL NOTE Sender: Tony MCCARTHY / KENT70/FN Contents: 3. TO: Don WICKSTROM / KENT70/PW Part 1. TO: Karen SIEGEL / KENT70/PW Don WICKSTROM / KENT70/PW Part 2. Part 3 THE PUBLIC WORKS DEPARTMENT IS REQUESTING AUTHORIZATION TO TRANSFER $110,000 FROM UNENCUMBERED WATER FUND BALANCE TO WATER SYSTEM IMPROVEMENTS - PHASE II PROJECT. THE PROJECT IS CURRENTLY FUNDED AT $525,666 BUT THE ADDITIONAL AMOUNT IS NEEDED TO AWARD THE BID TO THE LOW BIDDER. IN ADDITION TO THE BIDS COMING IN HIGHER THAN EXPECTED, THE PROJECT IS OVER BUDGET DUE TO OUTSIDE CONSTRUCTION MANAGEMENT OF $81,000 REQUIRED BECAUSE OF A SHORTAGE OF STAFF INSPECTORS. SINCE THE IMPROVEMENTS ARE NEEDED AND THE WATER FUND HAS UNENCUMBERED FUND BALANCE OF APPROXIMATELY $6,000,000, THE IBC RECOMMENDS THE BUDGET TRANSFER. CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES March 26, 1991 COUNCIL MEMBERS PRESENT: STAFF PRESENT: Christi Houser Jon Johnson Paul Mann Tom Brubaker Ed Chow Roger Lubovich Tony McCarthy Alana McIalwain Kelli O'Donnell Don Wickstrom The meeting was called to order at 4:55 p.m. by Chairperson Christi Houser. Approval of Vouchers All claims for the period ending March 15, 1991 were approved for payment in the amount of $1,992,453.10. Golf Cart Lease Vs. Acquisition Finance Director McCarthy informed the Committee that when the City Attorneys office reviewed the previously approved lease agreement it was found that, in addition to a higher interest rate than the City would charge itself, it required unreasonable guarantees and affidavits. The City Attorneys office had made a counter offer which was not accepted. After reviewing the 1991 revenue projections which show that additional funds are available, Finance Director McCarthy asked that the Committee approve purchase of the 21 golf carts requiring an additional 1991 budget of $41,785. Committeemember Mann noted that a northwest golf magazine had focused on the golf course as the golf course of the month. Committeemember Houser asked if this would have any impact on staffing. Finance Director McCarthy noted that he had been informed by the Parks Department that no additional staff time would be needed. The golf carts come with a one year warranty. Currently time is required to borrow additional carts for tournaments etc. which will be saved with the additional golf carts. Committeemember Mann moved that the funding be approved. Committeemember Johnson seconded the motion which carried with a vote of 3-0. Street Utility Staffing Public Works Director Wickstrom requested that the Committee consider an added item for the funding of street utility staffing. Public Works Director Wickstrom stated that in order to meet the grant application deadline of April 12th or have the deadline extended funding for an Engineer I was needed. Upon review by the IBC and Personnel, he requested the establishment of a budget for the street utility from the unencumbered street funds in the sum of $101,689 which would include one new position and two currently vacant general fund positions. These positions would include an Office Tech III, a clerical position and an Engineer I. Committeemember Mann made a motion to approve the staffing request which was seconded and carried with a vote of 3-0. Financial Update & 1992 Budget Calendar Finance Director McCarthy asked the Committee if they would prefer to discuss the 1992 budget calendar now or after his presentation to the Council at the April 9th City Council meeting. After discussion, the Committee requested it be brought back after the full Council had an opportunity to review it. Finance Director McCarthy did make a few observations to the Committee on the financial picture. Sales tax revenues have improved but not enough to remove the slow -down at this time. In addition, building permits were down 30-40% from last year. A full report will be made at the April 9th Council meeting under Administrative Reports. The departments should begin the 1992 budget process within the next month. Committeemember Mann asked what progress had been made on the golf course audit. Finance Director McCarthy responded that he had given a draft RFP to Parks Director Wilson who had proposed some alterations. The details will be worked out within a week or two and the audit should begin in a month or so. Committeemember Mann asked if the Management Study will be reviewed by Finance Director McCarthy for financial impact when it goes to the City Council. Finance Director McCarthy responded that it would most likely go through the Internal Budget Committee before going to Council. The final recommendations may or may not have an immediate impact depending on the final recommendations. After further discussion, Chairperson Houser adjourned the Committee at 5:15 p.m. Marie Jensen City Clerk Parks Committee Minutes March 20, 1991 Councilmembers Present: Steve Dowell, Chair; Jon Johnson and Jim White. Staff Present: Ed Chow, Barney Wilson, Tony McCarthy, Tom Brubaker, Ken Chatwin, Carol Morris, Helen Wickstrom, Jack Ball, Lea Britting, Karen Ford, Robyn Bartelt, Lee Anderson, Patrice Thorell, Cheryl Fraser, Alice Neiffer and Pam Rumer. Others Present: Colie Hough, Hough Beck and Baird; John Miller; Joy Miller; Steven Coutcher, Gravity Sports; Lance Goodwin, Bubble Records and Skates; Tom Sexton; Bryan Costanich; John Mullen; Rob Staples; Lyle Price, Valley Daily News. SCENIC HILL PARK - MASTER PLAN AND IAC RESOLUTION FOR FUNDING Helen Wickstrom introduced Colie Hough of Hough Beck and Baird, who explained that her task was to design the parking stalls to benefit and function for the park as well as the school. Improvements in the parking lot include an entrance off of Woodland Way, sidewalks, striping, paving, lighting for security, and a detention holding system. Hough announced that the school district has committed to approximately $100,000 in improvements and has turned over control of the design to Hough Beck and Baird. Hough explained that she is proposing a curvilinear design due to a very valuable growth of trees. Hough referred to the proposed master plan to show that there will be a play area, tennis court, and picnic shelter with a restroom on one side of the parking lot. In another area there will be natural vegetation with a trail system and more picnic tables scattered throughout. White asked how many and what kind of trees are being removed. Hough responded that there is a mixture of fir and evergreen, and these are not the largest on site. She said that she tried to save the most valuable. In response to Dowell's question, Wickstrom said that the master plan has been shown at the schools and it did receive the school district's approval. White expressed his concern about the neighborhood's reaction to the plan. Wickstrom suggested that staff could hold a neighborhood meeting. White commented that he felt this would satisfy the neighborhood's "need to know." Parks Committee Minutes March 20, 1991 Page Two Wickstrom agreed to postpone the adoption of the master plan until after the public meeting is held. She requested the adoption of resolutions authorizing staff to proceed with application to the Interagency Committee for Outdoor Recreation for funding for Scenic Hill Park and Riverview Park. Johnson moved to authorize staff to proceed with the grant applications. White seconded the motion. The motion passed unanimously. Both Dowell and Johnson clarified for Wickstrom that Johnson's motion also included authorization for the Parks Department to enter into a cooperative agreement with the school district. SKATEBOARD FACILITY DISCUSSION Wilson said that there is a lot of interest in a skateboard facility and introduced members of the audience who were present for the skateboard discussion. He explained that the purpose of the discussion was to get more information and more input from the public. Steve Dowell said that Councilman Mann is working on a skateboarding ordinance which sets out areas in which skateboarding is prohibited. He said that the safety of those involved is the first priority and liability is second. Wilson asked if a facility would be successful in Kent if it were not under cover. Steven Coutcher named two such facilities in Vancouver, B.C. and in Cannon Beach which are successful. Coutcher provided photos of the facility in Cannon Beach. Wilson also asked if a private facility would be successful. Tom Sexton answered that liability insurance is not available for private enterprise. other problems are: having to rent property, the zoning requirements to build a warehouse, and private enterprise competition would not really serve public interest. Dowell was concerned with injuries associated with skateboarding. Sexton reported that the degree of injuries is the same as with golf and less risky that those associated with baseball, football and basketball. In response to Dowell's question, Sexton explained that skateboard facilities can't get insurance because skateboarding is a new sport which has only become popular in the past ten years. Parks Committee Minutes March 20, 1991 Page Three Dowell expressed his concern that if the City has a skateboard facility, we will be promoting skateboarding in other areas. Ken Chatwin from Personnel distributed a memo from W.C.I.A. (attached), listing the W.C.I.A.'s guidelines for a skateboard park. He explained that the way the W.C.I.A. is set up, if the City has a big loss, other cities will also be affected/impacted. Chatwin reported that the W.C.I.A. would prefer to see skateboarding as a sanctioned, event -type activity, rather than as a park. He said that W.C.I.A. is not promoting the idea, but suggested that the City could secure coverage elsewhere. Chatwin named several reasons why it is difficult for skateboard facilities to get insurance coverage: lack of facilities, element of the unknown, and insurance carriers do not. see the sport as attractive, so they try to discourage it by pricing it out of the market. Tom Brubaker reported that there is a Washington statute that protects public landowners who run or own recreational facilities without charging a fee. It states that they shall not be liable for unintentional injuries to users. Brubaker also mentioned an exclusion: landowners who have known dangerous artificial latent conditions on the property. Brubaker added that he could think of one condition that would be the focus of any claim against the City, and that is design. In response to White's question, Sexton said that there are no design standards set up by the Washington Skateboarding Association. Wilson asked if the Council is interested in having staff work with Personnel, Law and experienced skateboarders to pursue this issue. He stated he would like to use these resources to prepare a better presentation for the committee. Dowell asked if Mann's ordinance prohibited skateboarding in specific posted areas, would the City be responsible if someone is injured in an area that is not posted. Brubaker answered that there would be no strong argument. He said that if the Council is interested, he would like to do additional research with other Washington cities who are under the same statute. Parks Committee Minutes March 20, 1991 Page Four Bryan Costanich asked what sites the City is considering for a possible skateboard park. Wilson answered that for an outside site, he has considered the property north of Uplands Playfield and east of the Metro Park and Ride Lot. The City leases that property from the railroad. Joy Miller commented that as a parent, she would like to encourage a safe place to skate with safety equipment being required. Her son was seriously injured while skateboarding in the street. Barbara Warne said that there is a real need for a place for kids to go. She has put in asphalt and some ramps in her back yard. She said that 1,000 kids have visited her facility over time and she sees 30-50 kids a day. The Parks Committee directed staff to continue looking at the issue and to put together a package. Wilson announced that if anyone wants to be involved in the process, they should register with Pam Rumer. Those who registered are: *Tom Sexton Barbara Warne 3108 58th Avenue NE 17626 SE Lake Moneysmith Tacoma, WA 98422 Auburn, WA 98002 (H) 927-9107 833-1018 (W) 833-2700 John Mullen 854-6234 Lance Goodwin Bubble Records 10451 SE 240th Kent, WA 98031 854-7788 and Skates Steve Coutcher 126 Rainier Ave. S Renton, WA 98055 (W) 255-1874 CULTURAL ARTS PERFORMING ARTS CENTER AND CULTURAL PLAN Patrice Thorell reported that the Council passed the contract with ArtSoft Management .Services at Tuesday night's Council meeting. She announced that there will be upcoming meetings for public input. Parks Committee Minutes March 20, 1991 Page Five Thorell explained that the hotel/motel cultural tax fund dollars issue is a big issue with the state legislature now. She announced that there is a bill in the House which will go on to the Senate. The bill would allocate 2% of hotel/motel monies in King County for cultural facilities. GOLF COURSE UPDATE Wilson discussed the financial situation at the golf complex. He referred to overheads (attached) to show that things are going well at Riverbend. He reported that the par 3 is up 6.5%; the mini putt is up 16% and the actual income is up 122%. In conclusion, Wilson reported that the complex is +$85,000 where it would have been with the concessionaire. GOLF CARTS Wilson requested permission for the golf course to purchase additional golf carts rather than lease them, as was the original request. Wilson said that the attorney's office had a problem with the lease and recommended that the City purchase the carts rather than lease them. McCarthy explained that Council granted permission to lease the carts before the attorneys' office reviewed the lease. The IBC now recommends purchasing the carts. McCarthy said that the issue will go to the operations Committee next week. In response to Dowell's question, McCarthy said that the interest rate in the lease is 10%, and with the line of credit that the golf course has with the City, the City would charge 6.9% interest rate, the same as the state pool rate. McCarthy explained that financially the golf course is reducing its line of credit at a pretty good pace. He recommended that the City spend the additional $40,000 and purchase the lease. White moved to authorize the golf course to purchase the golf carts. Johnson seconded the motion. The motion passed unanimously. McCarthy announced that he will take the issue to the Operations Committee. Parks Committee Minutes March 20, 1991 Page Six WARNER GROUP RECOMMENDATION Wilson said that the survey has been released and that department staff are studying it. He presented a letter received from concerned citizens regarding proposed changes to be made in the Parks Department. White moved to have copies of the letter forwarded on to full council. Johnson seconded the motion. The motion passed unanimously. SCENIC HILL PARR PLAN Wickstrom requested that staff be authorized to take the master plan directly to full Council for appproval if the community makes minor or no changes to it. The Parks Committee instructed staff to take the master plan directly to full Council if minor or no changes are made by the community. RIVERBEND FEATURED Wilson mentioned that Riverbend Golf Course was featured in this year's publication of Golfing in Washington and also as "Course of the Month" in Northwest Golf. DATE CHANGE IN PARRS COMMITTEE MEETINGS Wilson requested that the committee consider changing the meeting to a day that will better line up with City Council meetings. Johnson suggested meeting at an earlier time on the same day as Operations Committee meetings. White requested that the date not be changed to an off week, but rather the same week as Council meetings. It was decided that the next Parks Committee meeting will be held on Tuesday, April 23 at 3:45 p.m. SENIOR CENTER KITCHEN FLOOR Lea Britting said staff feels that additional consulting is necessary from the engineering firm to determine the source of the problem with the Senior Center kitchen floor. Parks Committee Minutes March 20, 1991 Page Seven Brubaker said that he sent a letter to the contractor and the architect regarding the problems with the Senior Center floor. Both immediately responded with letters of non liability. Brubaker reported that unfortunately, information received from the consultant was not conclusive as to the source of the problem. Brubaker recommended that the City spend an additional $3,000 for more thorough consulting, which will involve removing a section of the floor, to determine what is happening underneath the building. Once liability is determined, Brubaker said that the City can go after the appropriate party, and if that doesn't work, the City will have to enter into arbitration. White moved to authorize staff to spend an additional $3,000 to pay for additional consulting. Johnson seconded the motion. The motion passed unanimously. PARRS ORDINANCE The Committee delayed discussion of the Land Dedication Ordinance until the next Parks Committee meeting. REQUEST TO TIE YELLOW RIBBONS Wilson explained that he received a request from Mr. Jim Cordova to tie yellow ribbons in support of the troops from Bowen Scarff Ford/Volvo to the new bridge on Central Avenue. Brubaker stated that in light of the resolution the City passed in support of the troops during the conflict, with no comment on the policy behind it, the attorneys' office feels there is no problem with tying yellow ribbons in support of the troops. The meeting adjourned at 5:30 p.m. PARRS COMMITTEE MEETING March 20, 1991 Attendance Name Address/Department Phone No. 1. on ll e, Houk /000 Lem aia 2. 3. 4. 5. J N `l �`1 LICt�tlt1 (mil N '� ?¢, , L o 6.�\ Z l}�L) ADM ink 7. `-ECX :1 1 8. 9. 10,� 11. 12. 9 7 I 13 . �-D l C-Ql3Tc4-lC-=--y— 5 KA f U-- r'A C� L- & %, - � -L—L kz=) 14 . 1--A0 (-Y-- G11 -5k4,vG,1< 954- W'1 19. lYo6 Sri IT" 6 30- 3 y6 2 0. 24�Lj i C E 21. 22. 23. June 27, 1990 P,lrWMWHEINGTMONITY To: Councilmembers Lt, �1pFrom: Len Chapman ��GTIE Subject: Skateboard Facilities Many cities have looked into the feasibility of offering skateboard parks, however, very few have followed through with the actual construction or operation of such' a facility. In researching municipally -operated skateboard facilities, I found the biggest concerns to be that of liability, maintenance, and supervision. We could only find two facilities in the area that are being operated by municipalities. The City of Fircrest has operated a facility since last summer. The City of Olympia offered weekend events last summer and this year opened a skateboarding facility in cooperation with the school district and Boy Scouts of America. Both cities began operating skateboard facilities because their City Councils passed ordinances restricting skateboarding in certain areas of their city. Bainbridge Island offered a skateboard park for several years and closed it last summer'because of declining users. They stated that the only people using the park were those coming in from outside the area. The cost of maintaining the facility could not be justified because it was not providing a service to residents. Another type of skateboard activity took place last summer when King County Parks co -sponsored a skateboard competition with the National Skateboard Association. The weekend event took place on County park property and the N.S.A. supplied supervisory staff, judges, and equipment. The N.S.A. set up the skateboard ramp in an area approved by King County Parks. This was a one-time activity and is not being planned this year. The concensus seem to be that offering a skateboard facility does not eliminate skateboarders skating on sidewalks, in streets, and other locations which a facility was intended to curtail. Skateboards are the form of transportation used on streets and sidewalks and will continue to be used on private and public property even if a facility is offered. The City of Auburn's insurance carrier, Washington Cities Insurance Authority, was contacted regarding their position on skateboard facilities and activities. They strongly discouraged the development of skateboard facilities which include permanent °Councilmembers June 27, 1990 Page 2 r ramps and other skateboard obstacles. However, they do offer an alternative to a permanent skateboard facility. The alternative suggests that an outside entity such as the Boy Scouts of America or National Skateboard Association sponsor and Conduct skateboarding events very similar to the King County scenario. These one -day events can be held on City property, however, the insurance coverage would be that of the sponsor. The equipment used for the event would be owned and maintained by the sponsor; it would be portable in nature and removed from the site after the event is over. Supervision would come from the sponsoring organization. Last summer, with W.C.I.A. concurrence, the City gave permission for the Boy Scouts of America to conduct a one -day competition at Les Gove Park. The Boy Scouts of America provided the insurance, equipment and supervision as suggested by our insurance company. The event was very successful. Because this is the type of skateboard activity approved by W.C.I.A., we will contact the Boy Scouts of America and invited them to provide a similar event in Auburn this year. We would recommend against pursuing permanent skateboard facilities for Auburn because of our insurance company's position. Attached is a letter which W.C.I.A. sent to another member city. The letter substantiates the aforementioned position and alternatives of the W.C.I.A. We will endeavor to work with the B.S.A. in providing a special skateboard event. If you would like further information regarding skateboard facilities or have any questions regarding this matter, please do not hesitate to contact me. LCC:pw Attachment cc: Park Board L-W.C.I.A. W WASHINGTON CITIES INSURANCE j AUTHORITY OKATEBOARDINR EXPOPURA S AHD CONTROLS CHECKLIST EXPOSURES Lack of compliance with recognized industry standards established by the International Skateboard Association Poor planning and designing of skateboarding facilities (Product Liability Issue/Architect and engineers exposure) Lack of inspection and maintenance of facilities Lack of inspection of participants personal protective equipment Negligence in supervision of participants Negligence in -instruction and education of participants Inadequately trained staff Lack of certification of staff for first aid and c.p.r. Improperly designed spectators area CONTROLS ❑ Design/Planning Product and Arch test/Engineers Liability ❑ 1) Design skateboard park according to the best available standards (International skateboard Association) ❑ 2) Test ramps through qualified professional skaters and safety experts for degree of difficulty ❑ 3) Locate spectator areas at a safe distance away from the skaters 04) Provide protective netting or barrier around skateboard run to help impede flying boards or falls ❑5) Locate walkways at a safe distance from skaters, providing safe and easy access 0 6) !Sark runs with signs or color for degree of difficulty [17) Provide easy accessibility for ambulance pick-up 15215 52nd Ave. South, Suite 10,Tukwila, WA 98188 (206) 764-6471 SUN 443-6471 FAX 764-4067 FAX SUN 4434067 0 ❑ 8) Equip indoor parks with adequate lighting panic hardware, properly marked exits (comply with H.F.P.A.101 Standards) ❑ 9) Provide an adequate drainage system to eliminate water from ramps ❑ Physical Facilities - Premises Liability ❑ 1) Conduct physical inspection of ramp, walkway, parking, and spectators area Look for: a) adequate lighting b) condition of ramps (free of gaps, ridges, cracks, foreign material c) trip, slip,_and fall hazards ❑ 2) Post safety rules/regulations for use ❑ manaaement Supervision - Errors i omissions Liability ❑ 1) Conduct equipment checks of all skateboards ❑ 2) Conduct periodic inspections of facilities documenting inspection, repairs, and maintenance 03) Employ/Contract only qualified technicians for maintenance and repair ❑4) Require safety instruction and education for all skaters ❑5) Require participants to wear personal protective gear at all times 06) Conduct inspections of personal protective equipment ❑7) Require First Aid and C.P.R. certification of all staff ❑8) Employ well trained, qualified staff members ❑ 9) Provide full-time supervision ❑10) Develop registration form and waiver for participation in skateboarding activities; require completion of this form prior to participation �.�a�•�a � �O83 �. n a..? a a. 3 CL 02cn �� 9 a-S E a"1 � 3 v �F c °b.d '}� a � 06.1 aa> 'o � o s> u c_ pa m 9 so ; 3 E aRSa d�a A03 mu � ., m E m .g � � � :o •� cg q g a J � � x 0.> °SQdE c .� aci 9 3 aim�OJGa7,>,g G 2 X04 e uq�yN9a}i cc � � d 'a a'3� Jd n `vYlu x >.�u�a uaT� y o aZ� 5 o v m� a 0 .d uo ^o ° Jaou�> 9.v�E uA L L C o 3 �a co � aA c E„ Lc.Sp� �v�.h° sv4 urJ �' ue �Q'u o 0 y cx c �j[i a�3Qq=3 5 oil SS aQcu �?�. : x,= C>y co._. $o` qj ao O 0...., ef O IT m W— N a / V� Q� rq m'c c E L��a a o 5- � C� 30 �� F"am � N8 0 •P" cr p co 4 y wjA E m G;3 o m� Z � v u b u � g at (U 13 a Isa���5 v O 1 L L m c��E� �u�50u=5>ty a�r� ggc c o ¢_ a 5 E m Cu� "oS� CaSG�$ucSs! 43 ICUs m � C �_ y u AnCA a � ��a a o c a� p a aa:? c.� c o���� 'c�95��m3�J9-�g�� u�:•u O Y — ETuOg" EL Co ��u°� a� Yjvu rJ v GCp,• �i �2 ZpE O -•' �. V�1 q O 6J >T qqq v� U mc� o � aV O L� I O IOU v �,uc uiQ ,cam gt�?z.9 .: >v� u C a� �oE'gNcc a a T. -mcn si n- - - _ ;ads= 44 o_ ju. - 3--Egrto -�- r,g c_. n aanO o'<_ `8 e'Roo �Gd� �Z Ng ao Er �z " a a�n �p3p Y3„nnox °� asna n 3 •IIi n. Ei Y.9=?Y c� 31 Wo Wir 3' an n°S S•3. L�7 �� CK'(�CD (D 3g S 8 a g W a i � �. Fad• �. �. ° w 0 Cc a � :awao m�o.3gs aCD 3 oQ�c�aa Nod v ? a CD OS UFV VO d0 i a,e3;,�� �Qg_s r v r,n, 33 . na p-=--o H 0cn 0ovnn E a .- "E c '-01. >•SR �v F�34 �01n J:cruL � S = p CD CD 7 CZ O CD _3C) CD 3 _ 3 • co w { c - Z T L P'F CD cr O 2 Mot CL Cl)D V CL CL CA 1� RIVERBEND GOLF COMPLEX 1989-1990 REVENUE COMPARISONS JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER PAW-3 1989 1990 $ 71176 $ 5,789 5,365 51861 10,835 22,948 29,072 301,008 34,451 34,775 38,381 37,237 41,104 45,392 38,120 39,890 31,011 37,220 13,830 14,301 71428 5,097 6,634 1,895 TOTAL $263,407 $280,413 +6.5% RIVERBEND GOLF COMPLEX 1989-1990 REVENUE COMPARISONS MINI PUTT JANUARY $ 551 FEBRUARY 422 MARCH 686 APRIL 5,766 MAY 5,293 JUNE 5,433 JULY 7,263 AUGUST 8,096 SEPTEMBER 4,654 OCTOBER 1,763 NOVEMBER 677 DECEMBER 509 TOTAL $ 41,113 .1990 598 752 3,903 5,983 3,623 6,816 8,740 8,786 6,086 11276 948 147 $ 47,658 + 16% RIVERBEND GOLF COMPLEX 1989-1990 REVENUE COMPARISONS LESSONS JANUARY $ 1,275 FEBRUARY 21120 MARCH 6,810 APRIL 10,354, MAY 9,320 JUNE 10,426 JULY 7,587 AUGUST 71019 SEPTEMBER 31247 OCTOBER 1,215 NOVEMBER 510 DECEMBER 430 TOTAL . $ 60,313 1989 CITY RECEIVED FROM CONCESSIONAIRE 15% OF ALL LESSON INCOME: 1990 $ -0- 982 8,939 14,424 9,014 10,734 9,420 8,317 3,663 3,560 1,300 1,165 $ 71,518 15% of $ 60,313 = $ 9,046 1990 CITY CONTRACTED WITH 3 GOLF INSTRUCTORS AND RECEIVED-30% OF LESSONS INCOME: 30% of $ 71,518 = $21,455 +19%. +122% RIVERBEND GOLF COMPLEX 1989-1990 REVENUE COMPARISONS DRIVING RANGE 1989 1990 JANUARY $ 14,977 $ 16,121 FEBRUARY 14,913 161,632 MARCH 28,167 42,761 APRIL 51,091 56,745 MAY 46,700 55,716 JUNE 50,525 56,724 JURY 56,176 79,278 AUGUST 48,910 57,828 SEPTEMBER 36,728 49,864 OCTOBER 19,907 24,334 NOVEMBER 14,370 17,755 DECEMBER 14,170 10,595 TOTAL $396,634 $484,353 +22% PAID TO CONCESSIONAIRE IN 1989 20% OF INCOME BETWEEN $ 87 AND $125 THOUSAND = $ 7,600 10% OF INCOME BETWEEN $125 AND $140 THOUSAND = 1,500 5% OF INCOME BETWEEN $140 AND $396 THOUSAND = 12.800 $21,900 PLUS CONCESSIONAIRE WAS REIMBURSED FOR STAFF TIME ($5.00/HOUR) IN THE AMOUNT OF 27.563 $49,463 RIVERBEND GOLF COMPLEX 1989-1990 REVENUE COMPARISONS MERCHANDISE 1989 1990 JANUARY $11,267 $ 115 FEBRUARY 10,168 425 MARCH 16,221 1,888 APRIL 41,588 11080 MAY 251264 11450 JUNE 32,405 9,605 JULY 35,013 14,033 AUGUST 40,306 19,354 SEPTEMBER 25,704 14,046 OCTOBER 13,327 14,270 NOVEMBER 9,931 171,726 DECEMBER 14,822 13,690 TOTAL $276,016 $107,682 - 61% 4702 - %,IIY RECEIVED FROM 3'Z/b UUU MERCHANDISE 5% OF GROSS INCOME BETWEEN $120,000 - $200,000 = $4,000 20 OF GROSS INCOME BETWEEN $200,000 - $276,000 = 1,400 $5,400 INCOME OF $107,682 30% PROFIT = $32,000 INCOME OF $276,000 30% PROFIT - $82,000 SUMMARY OF 1989 AND 1990 CITY PAID TO CONCESSIONAIRE PART-TIME SALARIES ($5.00/HOUR) $ 27,563 % OF DRIVING RANGE INCOME 21.600 $ 49,163 CONCESSIONAIRE PAID TO THE CITY 5% AND 2% OF MERCHANDISE SALES $ 5,400 15% of LESSONS 91046 LEASE - ANNUALLY 7.200 $ 21, 646 CITY FURNISHED ALL MAINTENANCE AND EQUIPMENT AT DRIVING RANGE. CITY PICKED UP, WASHED AND RELOADED DISPENSING MACHINE WITH BALLS. THE BOTTOM LINE DRIVING RANGE OPERATION DRIVING RANGE $347,471 % LESSONS 9,046 % MERCHANDISE 51400 MINI PUTT 41.113 TOTAL INCOME $403,030 1990 $484,353 21,455 32,000 47,685 $585,493 DIFFERENCE OF +$182,463 WITHOUT CONCESSIONAIRE OTHER COSTS TO THE CITY: LOSS OF LEASE INCOME $ 7,200 ADDED STAFF & BENEFITS 90,000 $97,200 TOTAL ADDITIONAL INCOME TO THE CITY IN 1990 = $85,263 WITH A FULL YEAR OF MERCHANDISE, I FEEL THIS NUMBER COULD GO TO $150,000 - PLUS BETTER SERVICE AND PUBLIC RELATIONS. RIVERBEND GOLF COMPLEX REVENUE COMPARISONS JANUARY COMPARISON JAN 1989 JAN 1990 JAN 1991 RIVERBEND 0 27,304 47,625 RANGE 14,977 16,121 23,888 LESSONS 1,275 0 4,420 MERCHANDISE 11,267 115 10,574 MINI PUTT 551 598 842 PAR 3 7,176 5,789 6,039 35,246 49,927 93,388 FEBRUARY COMPARISON FEB 1989 FEB 1990 FEB 1991 RIVERBEND 0 36,049 85,646 RANGE 14,913 16,632 46,526 LESSONS 2,120 982 8,192 MERCHANDISE 10,168 425 16,699 MINI PUTT 422 752 1,946 PAR 3 5,365 5,861 15,897 32,988 60,701 174,906 MARCH COMPARISON MAR 1989 MAR 1990 MAR 1991 RIVERBEND 0 103,763 RANGE 28,167 42,761 LESSONS 6,810 8,939 MERCHANDISE 16,221 1,888 MINI PUTT 686 3,903 PAR 3 10,835 22,948 62,719 184,202 0 APRIL COMPARISON APR 1989 APR 1990 APR 1991 RIVERBEND 0 133,468 RANGE 51,091 56,745 LESSONS 10,354 14,424 MERCHANDISE 41,588 1,080 MINI PUTT 5,766 5,983 PAR 3 29,072 30,008 137,871 241,708 0 MAY COMPARISON MAY 1989 MAY 1990 MAY 1991 RIVERBEND 0 155,297 RANGE 46,700 55,716 LESSONS 9,320 9,014 MERCHANDISE 25,264 1,450 MINI PUTT 5,293 3,623 PAR 3 34,451 34,775 121,028 259,875 0 JUNE COMPARISON JUN 1989 JUN 1990 JUN 1991 RIVERBEND 135,832 153,004 RANGE 50,525 56,724 LESSONS 10,426 10,734 MERCHANDISE 32,405 9,605 MINI PUTT 5,433 6,816 PAR 3 38,381 37,237 273,002 274,120 0 FIRST HALF OF YEAR: 662,854 DIFFERENCE COMPLEX.Ua1 1,070,533 268,294 407,679 (802,239) JULY COMPARISON JULY 1989 JULY 1990 JULY 1991 RIVERBEND 190,934 195,523 RANGE 56,176 79,278 LESSONS 7,587 9,420 MERCHANDISE 35,013 14,033 MINI PUTT 7,263 8,740 PAR 3 41,104 45,392 338,077 352,386 0 AUGUST COMPARISON AUG 1989 AUG 1990 AUG 1991 RIVERBEND 164,952 180,552 RANGE 48,910 57,828 LESSONS 7,019 8,317, MERCHANDISE 40,306 19,354 MINI PUTT 8,096 8,786 PAR 3 38,120 39,890 307,403 314,727 0 SEPTEMBER COMPARISON SEP 1989 SEP 1990 SEP 1991 RIVERBEND 133,371 139,397 RANGE 36,728 49,864 LESSONS 3,247• 3,663 MERCHANDISE 25,704 14,046 MINI PUTT 4,654 6,086 PAR 3 31,011 37,220 234,715 250,276 0 OCTOBER COMPARISON OCT 1989 OCT 1990 OCT 1991 RIVERBEND 72,804 77,021 RANGE 19,907 24,334 LESSONS 1,215• 3,560 MERCHANDISE 13,327 14,270 MINI PUTT 1,763 1,276 PAR 3 13,830 14,301 122,846 134,762 0 NOVEMBER COMPARISON NOV 1989 NOV 1990 NOV 1991 RIVERBEND 45,713 39,992 RANGE 14,370 17,755 LESSONS 510 1,300 MERCHANDISE 9,931 17,726 MINI PUTT 677 948 PAR 3 7,428 5,097 78,629 82,818 0 DECEMBER COMPARISON DEC 1989 DEC 1990 DEC 1991 RIVERBEND 49,548 16,735 RANGE 14,170 10,595 LESSONS 430 1,165 MERCHANDISE 14,822 13,690 MINI PUTT 509 174 PAR 3 6,634 1,895 86,113 44,254 0 YEAR TO DATE: 1,830,637 2,249,756 268,294 DIFFERENCE 419,119 (1,981,462) GOLF CARTS FACT SHEET PURCHASE PRICE OF 21 CARTS 1ST YEAR - LEASE PAYMENT DIFFERENCE IN 1ST 12 MONTHS AND TOTAL PURCHASE PRICE 36 MONTH LEASE PAYMENT DIFFERENCE IN 36 MONTH LEASE AND TOTAL PURCHASE PRICE (4 GOLF CARTS) $ 69,195 27,409 41,786 82,228 13,083 CITICORPONORTH AMERICA EXHIBIT C to STATE AND MUNICIPAL LEASE/PURCHASE AGREEMENT LEASE TERM RENTAL PERIODS 1st PAYMENT DATE ADVANCE RENTAL PAYMENT CAPITAL COST OF EQUIPMENT 36 XWonthly ❑ quarterly (Check one) ❑ Start Date ❑ 1 Mo. from Start Date First Rental and Last Rentals 2, 284.13 of $ each, shall be $ 69,195.00 months ❑ delivered to Lessor at time of signing this Lease. RENTAL PAYMENT AND AMORTIZATION SCHEDULES Rental Payment Number Rental Payment Amount Credited to Interest Amount Credited to Capital Cost Early Purchase Option Price 1 21284.13 0.00 2 284.13 68 249.09 2 21284.13 684.67 1 �' 3 2 284.13 668.31 1,615.82 64x969.51 4 2 1 632.36 63 304.51 5 2,284.13 61 622.47 6 2,284.13 618.19 1 7 21284.13 601.15 1,682.98 58 206.57 8 2 x 2 1 583.93 9 2,284.13 566.53 54.72 10 548.95 1 735.17 52 11 531.20 1.752.93 51 162.55 12 .2 a & 513.26 1770.87 49 356.27 13 8� 9 495.14 1,788.99 14 2 284.13 476 45 688 15 2F2/ 458.34 16 2 439.66 a Al 17 420.78 1 .863.34 18 401.72 1.882.41 38.123.74 19 382.46 20 1,921.13 21 1,940.79 a .87 22 323.48 11960.65 30 245.01 23 303.42 1,980.71 28 224.69 24 26183.69 25 -2�2842,000.98 262 7 2,021.45 26 2,284.13 279-919411 221.09 2,063.03 28 I9 9R4 13199.98 2,084.14 17,808.70 29 178.66 15,661.12 30 2.284.13 157.11 31 2,284.13 135.35 2J48,78 32 113.36 2,170.77 9,085.63 33 12T184.13 91,15 2,192.98 6,848.79 34 I 2,215.42 4,589.06 35 2 284.13 2,238.09 2,306.21 36 2,284.13 23.14 2,260.99 (0.00) /1D3'� / 0 / �J 19�/ / Continued on Reverse Side l MEMO TO: Parks Committee FROM: Senior Advisory Committee Kent Senior Activity Center DATE: March 20, 1991 SUBJECT: Article Written by Lyle Price, Valley Daily News Concerning Possible Reshuffling and Creation of New Departments at Kent City Hall We, the undersigned elected representatives of the Senior Advisory Committee, urge you to please leave the Senior Activity Center under the direction of the Parks and Recreation Department. At this time we do not have room for the many classes and activities we would like to see implemented. We are allowed to use the facilities at Kent Commons and the playing fields at the present time. Under the proposed change we are concerned there might be a charge to the Senior Center to use these facilities. Rumor has been rampant for some time that the Seniors would be squeezed out of the Senior Activity Center and that the City eventually would use the facility primarily for City business. We sincerely hope this is not so but feel it is a distinct possibility if Health and Human Services direct the operation of the Senior Activity Center. We strongly urge you to reject the proposed plan and we do intend to circulate petitions in the City to that effect in the near future. j 108 WJE 5700 Sixth Avenue South, Suite 220 Wiss, Janney, Elstner Associates, Inc. Seattle, Su to 220 Engineers, Architects, Material. Scientists (206) 768-3460 FAX:(206) 768-3464 l M HANSON JG STOCKINU GE 0 w PFEIFER WIG NIe1E P LNIN I, w6$ ual i P JANNEY AC ELSTNEPIPRII $A BOMTZ T Z CNASTAIN J O CONNOLLY 0 W OFNO A T OE,E O J.A FREE R $A MUNNEN 4A ILLER J FC. NILL[A wF FERIOVN: A L. FILE C DT E10 JF $EIOENSiICREP PN E "Ir WE wNITE KJ BEASLEY Nl NunOEPUAN AN WING 0. JOMN$ON S.J. KELLEY GJ KLEIN "I KOOS AS KOZIOL Ai KRAUSE V KRESS A W LaFPAUGN D L. LEE A W LINEMAN A LONGIHOW JA YANAFEY PF MAIEWS.1 SL MAAIJSIN - ME MOCPE wJ NUGENT A E N OSBORN 05 RAT TEPSON IS RATTY L RETRY PC REED G R RENTSCHLER I ROWE C L. SEAALS JP STECKN C WEISE Fl WILLSEA J A INTL `L MJ L G L Z YAYEP Ju ANOERSEN L A B+CKUS G T BLAKE BK dUFTAE RA CECNNfR AO CFEMEA IF OUNTENANN IF ESTENSSORO L O FUCK W P NANNEN 10 nE10BR'NK OS AAE$[ B 5 KASKEL BE KENOE A I K RU KO RD KRIAUSSuS$ P J KAISTIF NVRG JR LAVA Rf II FN NS .IA." R+.. TNEK t OV AvOAOEOEN IF v+FET C RA; -•GCrI RnL?$ P KEf i( 4, El.'EFF.EP AN?nU RC 5'FNBFRG March 7, 1991 Ms. Lea Britting Kent Senior Center 600 East Smith Kent, WA 98031 Re: Consultation on Deteriorated Flooring, Phase 2, Kent Senior Center, Kent, WA. WJE No. 900229 Dear Ms. Britting: As you requested, this proposal letter lists a suggested scope of work to augment our report of October 29, 1990. We understand that you have contacted the original Architect and Contractor and asked that they contribute to performing the work that we recommended. This additional work will be done in attempt to more rigorously confirm to all parties the nature of the problems and causes. I. Review additional construction documentation (photos, requests for payment, change orders, materials shipping lists. 2. Compare above to plans and specifications to confirm the required configuration of the system. 3. Core additional areas of the kitchen and dining area floor slabs and inspect the condition of the subgrade and note if and where a vapor barrier is present. We can supervise this work to be done in the presence of the representatives of the original contractor(s) and architect. The coring will be performed by others. 4. Prepare a letter recording the findings from the above work along with our conclusions. FEES +r+r.o'EOCCK� Tu:rs We anticipate that the cost of the above services will be on the order of $400 for Task 1, S300 for 9 $RES.ER R R ,T3�ufEMHG ETask 21 S1000 for Task 3 including 2 cores, and S500 for Task 4. All work will be invoiced at the v hourly rates shown below, and in accordance with the attached Standard Terms and Conditions E'_ ERu;HE (August 1, 1990). Proposed modifications to the Standard Terms and Conditions are listed in FSTON R. SE.9E F2* SE'DYASF• Attachment 2; these are similar to the modifications to changes or clarifications requested in the E -n April 10, 1990 memo from Assistant City Attorney, Carolyn Lake. Time for tasks including, but not limited to project coordination, extended telephone calls, memos, research, and meetings will also be billed at the hourly listed below; we request that you budget S600 for such tasks initially. CHICAGO DALLAS DENVER HONOLULU PRINCETON SAN FRANCISCO SEATTLE WASHINGTON.0 C ERLIN. HIME ASSOCIATES DIVISION—AUSTIN AND CHICAGO CHASTAIN DIVISION—ATLANTA Wiss, Janney, Elstner Associates, Inc. Ms. Lea Britting March 7, 1991 Kent Senior Center Page 2 Hourly Time Charges for Professional Staff and Support Staff Consultant $110.00 Senior Engineer/Architect/Chemist $90.00 Sr. Specialist $65.50 Engineer I $62.50 Please return one executed copy of this proposal if you wish us to proceed with the above -referenced work. Very truly yours, WISS, JANNEY, ELSTNER ASSOCIATES, INC. Ronald L. Wohl, P.E. Project Manager RLW/mjv.582 Attachments Accepted Kent Senior Center an Title: Date: Wiss, Janney, Elstner Associates, Inc. STANDARD TERMS AND CONDITIONS Performance Wiss, Janney, Elstner Associates, Inc. (WJE) and its employees will exercise the degree of skill and care expected by customarily accepted practices and procedures. No warranties, expressed or implied, are made with respect to WJE's performance, unless agreed to in writing. WJE is not a guarantor of the project to which its services are directed, and its responsibility is limited to work performed for the client. WJE is not responsible for acts or omissions of the client, nor for third parties not under its direct control. WJE shall not be liable for any reason for any special, indirect or consequential damages including loss of use and loss of profit. WJE may rely upon information supplied by the client engaging WJE, or its contractors or consultants, or information available from generally accepted reputable sources, without independent verification. Use of Reports, Drawings, Etc. WJE retains ownership of letters, reports, drawings, specifications, test data and notes. These documents or parts thereof may not be reproduced in advertisements, brochures, or sales material, nor used by the client for any purpose other than the purpose for which they were prepared, nor by third parties, without the written permission of WJE. Conclusions by WJE based on test results are limited to the specific conditions for which the tests were performed. Proposals Proposals expire 120 days after submission to a client unless a different expiration limit is included in the proposal. WJE may withdraw or modify a proposal at any time prior to acceptance by the client. Fixed Price Contracts Where WJE and the client have agreed to a fixed price contract, the following terms and conditions are specifically excluded:'Time Charges, Expenses, Equipment Usage, Affiliated Consultants, and Subcontracted Services. Progress payments will be arranged with the client. Other stated billing terms remain in effect. Time Charges Accrued on an hourly basis, unless other arrangements are established. Minimum time charges of personnel at a job site is 8 hours per day, unless time can be utilized on another job. No increase in rates for overtime. No charge for out-of-town travel time of professional staff outside of normal 8-hour workday unless time is productive. Technicians may charge up to 2 hours on weekdays for out-of-town travel outside of normal workday, or up to 4 hours per day for out-of-town travel on weekends. Billing rates may be increased annually, after notification to the client. Expenses Public transportation; subsistence and out-of-pocket Cost plus 5% expense incurred during travel; communications; reproduction and shipping charges Expended materials for field and laboratory Cost plus 10% investigations; rental equipment; fees advanced on client's behalf Company or personal cars $0.35/mi Company trucks or vans $0.60/mi Clients may be charged for the cost of providing copies of receipts or detailed "back-up" information concerning expenses. Equipment Usage Approximately equal to 1 % of the replacement cost per day, subject to adjustment for minimum or extended usage. Computer Usage Microcomputers: IBM Compatible 286/386, HP85, HP9816, $20.00/hr others (incl. CAD) Prime 2755 $0.025 per CPU Sec Time-sharing services Cost plus 10% Affiliated Consultants WJE retains certain consultants as independent contractors, but provides insurance and support services. These consultants are billed at rates equivalent to WJE employees of similar education and professional experience. Subcontracted Services Billed at cost plus 10% if firm has at least $500,000 of Professional/General Liability Insurance, otherwise cost plus 20%. Mark-up not applied to subcontractor's reimbursable expenses, such as a subcontractor's travel expenses. Storage Material samples not consumed in our work may be discarded 30 days after submission of the test report unless the client requests other disposition. Charges may be made, after notification, for extended storage of materials, records, or equipment. WJE will exercise reasonable care in safeguarding materials, records, or equipment, but assumes no liability for loss or damage. (Continued on other side) Safety Field work will be performed only under conditions deemed safe by our personnel. Charges may be made for safety or security measures required by hazardous job conditions. Subpoenas and Court Orders The client is responsible, after notification, for payment of time charges, attorney fees and other expenses resulting from a required response to subpoenas or court orders issued by any party in conjunction with our work. Charges are based on billing rates in effect at the time of our response. Insurance WE is protected for general, automobile, workers' compensation and employers' liability coverage by policies written by national insurance carriers rated by the A.M. Best Company. The primary limits are $1,000,000 with a $2,000,000 aggregate on general liability. Excess coverage applies to exposures over $1,000,000. Endorsements are not allowed. Coverage is subject to annual renewal. Billing Terms The firm or individual engaging WJE is responsible for payment of charges unless WJE is notified in writing, prior to the time that the charges are incurred, that the engagement is on behalf of another party. Accumulated charges will be billed in approximately monthly intervals. State and local sales and use tax will be included in the billing if applicable. Payment in full is due within 30 days of invoice date. Invoices which are unpaid after 30 days from the invoice date are subject to an interest charge at the rate of 11/2% per month (or at a lower maximum legal rate) plus related attorneys' fees and collection expenses. August 1, 1990 Wiss, Janney, Elstner Associates, Inc. Attachment 2 The Following Amend or Clarify the WJE Terms and Conditions (August 1, 1990) Only for Consultation on Deteriorated Flooring, Phase 2, Kent Senior Center I. All materials, workups, files, drawings, computer tapes, memorandum notes, and documents generated by WJE under this agreement shall be the property of the City. WJE may retain copies of the same for its own use. The City acknowledges that WJE's reports, field data, field notes, laboratory test data, calculations, specifications, estimates and other similar documents are instruments of professional service, not products. In return for WJE's relinquishment of ownership of said instruments of professional service, the City agrees to waive any claim against WJE, and defend, indemnify and hold WJE harmless from any claim or liability for injury or loss allegedly arising from unauthorized reuse of WJE's instruments of service. The City further agrees to compensate WJE for any time spent or expenses incurred by WJE in defense of any such claim, in accordance with WJE's prevailing fee schedule and expense reimbursement policy. II. Fixed price contracts - not applicable. III. Time Charges - Time will be billed door to door from our Seattle office. There will be no minimum time charged per site visit. IV. Expenses - Normally expected expenses (i.e. mileage, 2 cores and patching of slab), are included in the estimates. V. A. Disputes. In the event of any dispute arising under this contract parties stipulate to the jurisdiction of King County Superior Court. Each party shall pay its own attorney's fees and costs. B. Exclusive Terms of Agreement. Upon acceptance of this agreement, the City and WJE agree that the provisions of this contract including any and all documents incorporated by reference herein including any written amendments shall constitute the entire agreement between the parties hereto and shall supersede any and all prior oral and written agreements relating to the subject matter hereof. This contract may not be modified or terminated verbally and no modification or claimed waiver of any provisions hereof shall be binding unless made in writing and signed by the parties against whom such modification or waiver is sought to be enforced. C. Indemnification. WJE agrees to defend, indemnify, and hold harmless the City, its elected officials, officers, employees, and agents from any and all claims, actions, judgements, losses, costs (including reasonable attorney's fees), workmen's comp claims with the State of Washington, and damages whatsoever including claims arising by reason of accident, injury or death caused to persons or property of any kind arising out of WJE's negligence, in connection with, or incident to the work performed under this agreement. Applicable State Law. This proposal shall be governed and construed according to the laws of the state of Washington. WJE agrees to comply with applicable provisions of any federal, state or local law and ordinance, rules and regulations, and orders issued thereunder. Public Information. WJE shall not issue any statement or other releases of information for public dissemination without the prior approval of the City of Kent. However, a descriptive title of the project and the name of the client may be used by WJE in lists of past projects used to document professional experience.