The URL can be used to link to this page

Home My WebLink AboutCity Council Meeting - Council - Agenda - 12/03/1991 CITY COUNCIL MEETING December 3, 1991 Summary Agenda MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Steve Dowell Christi Houser Jon Johnson Paul Mann Leona Orr Jim White 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. Employee of the Month B. Proclamation - Drunk & Drugged Driving Awareness Week 2 . PUBLIC HEARINGS None 3 . CONSENT CALENDAR A. Minutes B. Bills 4 -- �C. � Annual Accounts Receivable Write Offs -----,;�D. :- General Penalties Amendment - Ordinance E. Multifamily Design Review - Ordinance F. MCI Franchise - Ordinance a G. Upper Mill Creek Improvement H. Bill of Sale - McDowell NW Storage Yard I. Repealing Smoke Detectors - Ordinance J. Appointments to Drinking Driver Task Force - - K. Procurement & Contract Authorization - Ordinance L. J Public Works Improvements - Ordinance -- -- , M. ' Planning Department Consultant Contract - Ordinance --- _.-> N. Bicycle Advisory Board - Resolution ' O. Repealing Security Guard - Ordinance - P. Scenic Hill Park - Parking Lot Agreement Q. Appointment - City Clerk R. Model Traffic Ordinance . Vehicular Speed Limits - Resolution 4 . , OTHER BUSINESS A. Business License Ordinance B. Hearing Examiner Ordinance -' C. Amending Fire Code Fees - Ordinance �. • D. Amending Plumbing Code Fees - Ordinance " E. Amending Building Code Fees - Ordinance F. Amending Mechanical Code Fees - Ordinance G. Adopting Fire, Plumbing, Building & Mechanical Code Fees - Resolution H. Senior Housing Contract - Ordi- nee and Contract - 5. BIDS C . , '9 - A. 1992-94 Street Sweeping Services 6. CONTINUED COMMUNICATIONS 7 . REPORTS 8 . ADJOURNMENT *** Items within each bracket are related issues and should be considered together. 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) Employee of the Month B) Proclamation - Drunk & Drugged Driving Awareness Week CONSENT CALENDAR 3 . City council Action: I Councilmember ` moves, Councilmember seconds that Consent Calendar Items A through S be approved. Discussion Action r 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of November 19, 1991. 3B. Approval of Bills. Approval of payment of the bills received through December 1, 1991, after auditing by the Operations Committee at its meeting at 5: 30 p.m. on December 11, 1991. Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council Agenda Item No. 3 A'LB� Kent, Washington November 19 , 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Acting Police Chief Byerly, Acting Fire Chief Berg, Finance Director McCarthy, Assistant City Administra- tor Hansen, Personnel Director Olson and Information Services Director Spang. Parks Director Wilson was on vacation. Approxi- mately 40 people were at the meeting. PUBLIC Presentation to D.A.R.E. Program. Bruce Weissich, COMMUNICATION President of the Kent Police Union, presented a check in the amount of $2700 to the City to be used for the D.A.R. E. Program. Officer Paganucci of the D.A.R.E. Program noted that donations such as these provide certain extras to students in the program and thanked the Police Union for their support. National Night Out. Acting Police Chief Byerly introduced Officers Bradley and Paganucci who have made this program such a success. Officer Bradley noted that 8 , 370 communities (23 , 500 , 000 people) participated in the National Night Out. He noted that Kent was the highest ranked city in the State. Officer Paganucci encouraged citizens of Kent to continue to assist in the fight against crime by participating in programs such as this. She noted that Kent placed 4th in the nation for cities under 50 , 000 in population and presented National Night Out National Award to the Mayor on behalf of the citizens of Kent. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR F be approved, with the exception of Item D which was removed by Councilmember Dowell . Dowell also removed Item G. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of November 5, 1991. 1 STREETS (CONSENT CALENDAR - ITEM 3D) (REMOVED BY COUNCILMEMBER DOWELL) Street Occupation Permit Rate. ADOPTION of a resolution setting the rates for street occupation permits, as recommended by the Public Works Com- mittee. Dowell noted that a motion made by Mrs. Orr at the Public Works Committee meeting was to eliminate from the ordinance fees for yard sales and garage sales, and that the motion was approved unanimous- ly. He added that a motion to send this item to Council was not made. He pointed out that the fee schedule was not approved unanimously by the com- mittee. Orr clarified that her motion was to ap- prove the fee schedule as presented with the changes made in her motion, and that the motion was passed unanimously. She noted that it is cus- tomary to bring items to Council once the commit- tee has approved a recommendation, or in this case, a resolution. Dowell read the motion from the minutes of the November 5th Public Works Com- mittee and explained that the motion was not to approve the entire schedule but to approve elim- ination of certain items from that schedule, and pointed out that his vote was based on that. Upon the Mayor' s question, Dowell said that he would like to have this item sent back to committee. There were no objections and it was so ordered. PUBLIC (OTHER BUSINESS - ITEM 4B) SAFETY Enhanced 911 System. At the present time, tele- phone systems are being installed in large business and apartment complexes that utilize some type of private telephone exchange. Calls from these private exchanges are routed through a remote telephone switch and during a 911 call will provide the address of the person requesting help. The call will also be routed to the 911 center for the switch location, which often times is the wrong location. This will result in time delays for the dispatch of help, especially if the caller is unaware or unable to correctly identify their location. The proposed ordinance will. not address presently installed systems, only those being installed as part of construction work where a building permit is required. This ordinance will stop the current call routing problem from escalating while other 2 November 19, 1991 PUBLIC solutions can be reached to solve the present SAFETY problems. Acting Fire Chief Berg explained that the reason the address shows on a screen is that it is not always known by the caller, that there has been an increase in calls from people who do not speak English, and that in some cases the caller cannot speak. He noted that a black box can be installed on the telephone systems which would display the address, including an apartment number. He noted that the City is considering interim measures such as placing stickers on business phones with their addresses, and arrows pointing to the buttons to push for emergency help. There were no questions and MANN MOVED for the adoption of Ordinance No. 3012 allowing an inter- face of the Enhanced 911 System and selective rerouting of 911 calls to the proper jurisdiction in new construction. Houser seconded and the motion carried. FRANCHISE (CONSENT CALENDAR - ITEM 3E) MCI Franchise. ADOPTION of Ordinance No. 3010 granting MCI the right, privilege, authority and franchise for 10 years to construct, maintain and operate fiber optic cable in City rights-of-way, as recommended by the Public Works Committee. SURPLUS (CONSENT CALENDAR - ITEM 3C) EQUIPMENT Surplus vehicles. AUTHORIZATION to surplus 13 vehicles as listed in the Street Manager' s memo dated October 15 and offering same for sale at the State auction, as recommended by the Public Works Committee. CITY (CONSENT CALENDAR - ITEM 3F) SHOPS City Shops Wash Rack. ACCEPTANCE as complete of the contract with R.K. Construction for the City Shops Wash Rack Project and release of retainage after receipt of releases from the State. 3 November 19, 1991 APPOINTMENTS (CONSENT CALENDAR - ITEM 3G) (REMOVED BY COUNCILMEMBER DOWELL) Arts Commission Appointments. CONFIRMATION of the Mayor' s appointments to the Kent Arts Commission as follows: Appointment of Jim Teeters to the Kent Arts Commission. He will replace Jamie Vickrey whose term expired. Mr. Teeters is a Counselor with the Washington State Department of Social and Health Services. His term will begin immediately and continue through 10/31/95 . Appointment of Doug Gesler to the Kent Arts Com- mission. He will replace Sally Ann Story, who resigned. Mr. Gesler serves as a Counselor with the Washington State Employment Security Depart- ment. His term will begin immediately and contin- ue through 10/31/93 . Appointment of Midge Sweley to the Kent Arts Com- mission. She will replace Chris Kramer, who resigned. Ms . Sweley owns her own business in downtown Kent. Her term will begin immediately and continue through 10/31/93 . Appointment of Claudia Appell to the Kent Arts Commission. She will fill the position formerly held by JoAnn Brady. Ms. Appell serves as Direc- tor of Fine Arts Curriculum for the Kent School District. Her term as an Arts Commissioner will begin immediately and continue through 10/31/95. Reappointment of JoAnn Brady to the Kent Arts Com- mission. Ms. Brady will replace Barbara Biteman, who resigned. The new term will begin immediately and continue through 10/31/93 . Reappointment of Marilyn Hadley to the Kent Arts Commission. Ms. Hadley' s new term will begin immediately and continue through 10/31/95 . Reappointment of Jim Land to the Kent Arts Commission. Mr. Land ' s new term will begin immediately and continue through 10/31/95. 4 November 19 , 1991 APPOINTMENTS Dowell noted that the monies that go into the Arts Commission come from the citizens of Kent, and asked whether the members of the Arts Commission live in the City of Kent. The Mayor stated that it is his understanding that the members must have a Kent mailing address, and Woods said that she believes members are selected within the sphere of influence, the majority of whom must be City of Kent residents. Lubovich clarified that the ordi- nance does not address where members live. DOWELL MOVED that the Council confirm the Mayor' s appointments to the Arts Commission. Woods seconded and the motion carried. BUDGET (OTHER BUSINESS - ITEM 4A) 1992 Budget. Adoption of the 1992 Budget has been set for tonight's meeting. An ordinance has been prepared to reflect the Mayor' s budget proposal with corrections as presented at the November 12th Council budget work session. The 1992 Budget totals $65, 814, 057 and is balanced in difficult economic times without tax rate increase or employee layoffs. The Mayor noted that in his memo of November 18 , 1991, Administration has tried to address some of the concerns raised at recent Council meetings about public safety positions. He noted that there is a disproportionate share of frozen posi- tions in public safety, because the first posi- tions to be frozen were those public safety posi- tions not included in last year' s budget. He noted that the budget is based on a current general fund vacancy level of 28 . 5 positions, of which 16 have been vacated during the first ten months of the year, and that if that rate continues, an average of 1. 6 vacancies a month could be expected. He proposed that the City hire one police officer and one firefighter effective January 15, 1992 , and noted that by that date an additional 3 . 2 general fund vacancies would be projected and thus the police and fire positions could be hired within the constraints of the budget as proposed. He added that if economic conditions improve or if additional positions become vacant through attrition, the filling of 5 November 19, 1991 BUDGET other frozen police and fire positions will be top priority. Finance Director McCarthy noted that normally the property tax levy ordinance is adopted at the same time as the budget ordinance, but that the infor- mation from King County has been delayed, which may cause minor adjustments in the ordinance. He outlined the methods used to balance the budget, and noted that the general fund represents approx- imately 60% of the total, or about $33 , 000, 000. He explained that the budget includes increasing the amount for Valley Com and decreasing the amount for the Library. Upon White ' s question, McCarthy noted that salaries are projected at 7 . 1% a year and the revenue projections cover that. White asked whether personnel would have to be cut back if projections did not occur, and McCarthy agreed that that was a possibility. He pointed out that a hiring slowdown took place in January and a freeze in April. He added that the situa- tion will be watched monthly but he feels layoffs are not imminent at this time. White voiced con- cern regarding use of the contingency funds and said the City should consider layoffs. WOODS MOVED for adoption of Ordinance No. 3011 approving the 1992 Budget with the Mayor' s Novem- ber 18 , 1991, budget amendment regarding public safety positions. Houser seconded. Woods stated that while the budget is fine at this point, she is concerned about the future. She said she feels City employees are receptive to recommendations including job sharing, voluntary furloughs, days off without pay, and eliminating travel and train- ing. She said there will be opportunities later to consider what will happen when there is an improvement in revenues. Upon Dowell ' s question, McCarthy explained that the City expects to collect an additional $500 , 000 in sales tax, while saving money by having the hiring freeze in place, totaling approximately $1, 000 , 000 by the end of the year. Regarding the use of those funds, the Mayor clarified for Dowell that the Council has said their top priorities are public safety posi- tions and the contingency fund. Dowell voiced concern about spending the funds available as opposed to spending what is needed. Paul Seeley, 6 November 19, 1991 BUDGET representing the Chamber of Commerce, explained for Dowell that they feel the frozen positions should be eliminated and that Council and Adminis- tration should look at eliminating 30 positions above the current freeze, at an average of $42 , 000 per position. JOHNSON MOVED to amend the motion with the follow- ing differences as outlined in his memo of Novem- ber 5 , 1991: 1) Eliminate two manager positions in Administra- tion. 2) Eliminate Public Information Officers in Admin- istration and Parks. 3) Eliminate Community Events Regular Part-Time Position. 4) Eliminate City Line and Transfer to cover funds cut from Parks Brochure. 5) Eliminate merit pay for department heads, City Administrator, Assistant City Administrator. 6) Recommend that the Mayor promote the Deputy City Clerk to City Clerk, eliminating Office Assistant Position with Office Assistant moving to Deputy. 7) Freeze all non-union step increases. 8) Eliminate Benefit coverage for dependents of part-time employees. 9) 5. 0% COLA instead of 6 . 7% for non-represented. 10) Eliminate IPC and IBC. 11) Reinstate the Youth-At-Risk Program Coordina- tor as a full-time position. Johnson noted that this would result in a total savings of $585, 000 . White seconded. Johnson noted that the City no longer has the luxury of providing for the two manager positions in Admin- istration, the Public Information Officers in Administration and Parks, or the Community Events position and noted that elimination of those posi- tions would result in a savings of $257 , 715. He noted that eliminating the Cityline and transfer- ring those funds to cover the cut from Parks brochure would not result in a savings because the budgets are the same. He said he strongly objects to having merit pay added to the base salary of employees, and suggested cash bonuses instead. He pointed out that the top salary is currently 7 November 19 , 1991 BUDGET $82 , 728, and with benefits that comes to $98 , 222 . He explained that if merit pay is given, the base salary and benefit totals are increased and the merit increase increases the COLA amount for future years. Johnson recommended that the Deputy Clerk be promoted to City Clerk, with the Office Assistant moving to Deputy, and eliminating the Office Assistant position. He pointed out that this is simply a recommendation to the Mayor but that this action would save $35, 191. He noted that freezing all non-union step increases would save $61, 250, and that this is an alternative to layoffs. He stated that eliminating benefit coverage for dependents of part-time employees would save $59, 648 . He pointed out that a 5. 0% COLA rather than a 6. 7% would save $139 , 181, and said that King County employees will receive a 3 . 5% COLA adjustment. He opined that Internal Personnel Committee and Internal Budget Committee should be eliminated since the Personnel Director and Finance Director are capable of providing rec- ommendations to the Mayor and Council . He noted that reinstating the Youth-at-Risk Program Coordi- nator as a full-time position would be offset with $13 , 000 in revenues, that the cost is $11, 000 , resulting in a small savings. He noted that the total savings of all proposals would be $585, 000 , and suggested that $335 , 000 go into the contin- gency fund, raising it to over $800 , 000 . He said that $100, 000 would go to Fire for two full-time employees, $100, 000 to Police for two full-time employees, and $50, 000 to Public Works for one full-time employee. He then outlined actions he would take if the financial situation improves, as follows: 1) First, restore contingency in general fund to 1991 level of $2 , 000, 000 2) Second, unfreeze step increases making them retroactive 3) Restore 1991 Fire and Police positions 4) Reestablish 60% of 1991 CIP 5) Re-adthorize other department' s 1991 positions 6) Replace balance of 1991 CIP He added that two Assistant City Administrator positions would be created, in keeping with the recommendation of the Warner Group Study. Johnson 8 November 19 , 1991 BUDGET noted for Dowell that these recommendations have been taken to the Mayor and Administration. Dowell stated that treating the unrepresented employees differently than the represented may result in morale problems. Johnson agreed, but said that employees would most likely prefer the lower COLA to a layoff. He clarified that non-represented employees would be the first to be laid off, because union employees are covered by a contract. Orr stated that she cannot support Johnson' s rec- ommendation because it contains too many items, and that consideration of some of these things may be premature. She felt it is important to give employees options of ways to preserve jobs, and noted that Council and Administration may have to make some hard decisions as to ways to avoid layoffs, but not at this time, although it should be monitored closely. White said he supports the majority of Johnson's recommendations, but feels it does not go far enough. He predicted that sales tax revenues will be down for November and December, and suggested considering a 25% cutback in personnel other than police and fire. He pointed out that public safety is the one thing that the public cannot do for itself. He said that cuts will have to be taken at some time and that it would be preferable to cut while there is more of a cushion. Johnson clarified for Dowell that the City has three positions proposed for 1992 which have a base salary of over $80, 000, or close to $100, 000 with benefits. He noted that there are eight positions that pay $70, 000 or more base salary, which is between $84 , 000 and $93 , 000 with benefits. White noted that the City has fine people working for them, that they are worth the salaries they are paid, but the question is whether the City can afford to pay those salaries. He said balancing the budget without considering elimination of some positions is not realistic. The motion to amend the main budget proposal as outlined in Johnson' s memo of November 5, 1991, was defeated with only Johnson in favor. Mann asked the Acting Fire Chief and Acting Police Chief to discuss the impact and quality of service that not funding 16 positions in their budgets would have. Acting Fire Chief Berg noted that the 9 November 19 , 1991 BUDGET Fire Department is part of the City team and they will share in any cuts. He explained that because of firefighter positions being vacant, the fire engine at Station 74 on 116th Avenue SE would be in service only 6-8% of the time. He noted there would be a ladder truck at the station, but the ladder truck does not have fire suppression capa- bilities. He explained that the other vacant positions are a Building Inspector position and an Administrative Assistant position. He stated that the work will still be done, but not as quickly. Acting Police Chief Byerly said they also recog- nize that they are part of the team and are pre- pared to take a reduction in force. He noted that there are currently eight vacant positions in the police department: one evidence custodian, two police officers, one traffic officer, one narcot- ics detective, one records specialist, one pro- grammer/analyst and one accounting services assis- tant. He noted that calls for service are 10% above what they were last year, but said everyone will do more with less. Mann stated that as the recession continues, service calls will continue to increase and that these departments need to be strengthened. He proposed an increase of 1/2 of 1% in the utility tax, noting that Kent has the lowest rate of all cities in the area except for the garbage tax. He pointed out that 1/2 of 1% would raise $500, 000 which could unfreeze five positions in Police and five in Fire. He said it would not be a heavy burden on residents or busi- nesses, and said the people he has spoken to have been willing to pay it. HE MOVED to amend the 1992 budget proposal by increasing the Kent util- ity tax by 1/2 of 1% to be used for five positions in Police (four patrol officers and one evidence custodian) and five positions in Fire (four fire- fighters and one lieutenant) . Johnson seconded. White commended the Police and Fire departments for their willingness to work with what they have, and spoke in opposition to raising the utility tax. McCarthy explained for Dowell that water is a small portion of a total utility bill. He also pointed out that rates for sewer, gax, and elec- tricity are similar in all cities since the same carrier is used, but that water and drainage vary. Dowell pointed out that although Kent ' s utility tax rate is low at 4%, it may be 4% of a higher 10 November 19, 1991 BUDGET rate. White noted that there may be a proposal to increase the drainage utility next year because Public Works is proposing to work on controlling flooding problems, which would increase the utility rate. Upon Mann's question, McCarthy determined that the average tax increase would be $9 . 00 a year. Mann ' s amendment was defeated with only Mann in favor. JOHNSON MOVED to amend the main motion by elimi- nating Cityline and transferring those funds to cover the Parks brochure. He noted that the expenditures would cover the cost. White second- ed. The motion was defeated with only Johnson voting aye. Dowell pointed out that Councilmem- bers do not agree on this budget, and questioned whether it should be voted on tonight or not, noting that negotiation could take place later. Lubovich clarified that the budget must be passed by the end of the year, and that this budget could be amended or the process begun again. Orr and Houser agreed that there would be opportunities in the future to make any necessary adjustments. Suzette Cooke of the Chamber of Commerce stated that flat sales tax, not an increase, are shown in projections, and that employers are laying people off. She voiced concern about leaving only $500, 000 in the reserve fund, with no cushion for the future. She urged the Council to make the tough decisions required at this time. White spoke in opposition to using $2 , 300, 000 of the contingency fund and to transferring $1, 750 , 000 from the Unemployment and Capital Im- provements funds, noting that the deficit situa- tion could continue for 3-5 years. He predicted that if this budget is adopted, it will have to be amended in several months. He urged the Council- members not to support this budget. WHITE THEN MOVED to amend the motion to direct staff to return with a proposal to reduce personnel in the City by 25%, with the exception of Police and Fire. Johnson seconded. McCarthy noted for Dowell that there are 276 employees in Police and Fire, and 179 in other areas. White determined that the 25% reduction would equal 45 people, and McCarthy stated that the savings would be $40, 000- 11 November 19 , 1991 BUDGET $50, 000 per employee. White clarified that if adopted, he would like Administration to propose staff cuts to Council . Mann spoke against this motion, stating that situations such as this are the purpose of the contingency fund. He noted that layoffs could be dealt with in the future if necessary. The motion to amend was defeated with Orr, Woods, Houser and Mann opposed. JOHNSON MOVED to amend the main motion to recom- mend that the Mayor promote the Deputy City Clerk to City Clerk and the Office Assistant to Deputy City Clerk, eliminating the Office Assistant posi- tion. Mann seconded. The motion carried unani- mously. JOHNSON MOVED to amend the main motion to reinstate the Youth at Risk Program Coordinator as a full-time position. White seconded. The Mayor clarified that if the Council adds positions to the budget they can be administratively frozen. Woods spoke against the amendment noting that this item has not come to Council under Other Business. Johnson pointed out that the Parks Committee had voted to put this item on the Council agenda, but it was removed by the Council President. Johnson spoke on the value this program provides, and noted that increased fees will cover the $11, 000 cost and may even provide more than that. McCarthy noted that the Internal Budget Committee recom- mended against this request. He clarified that the position is budgeted as a 3/4 position, and is being filled as a full-time position because funds were saved during the time the position was vacant. He added that the employee in this position is aware that the position may become three-quarter time. Orr said this is an important program and suggested that it be given some type of priority when possible. Dowell stated that at the committee meeting, there were no objections to increasing the fees to cover the amount, except by Administration. White stated that he respects the Mayor' s right to freeze this position, and to use the IBC and IPC although he disagrees with them, but that it is not Council ' s function to rubber- stamp whatever IBC and IPC sends them. Houser opined that $11, 000 for a one-fourth position seems excessive. The motion to amend passed with Woods and Houser opposed . 12 November 19 , 1991 BUDGET Johnson noted that the City should be trying to reduce costs rather than spending money. He added that this budget does not address how increased revenues are to be allocated, or how layoffs would be made. He said it is unfair to the staff not to have a plan. He stated that Public Safety should be the last area to be cut, and that Administra- tion should be the first, noting that there are no freeze credits proposed in Administration. He said money could be saved by having a full-time mayor or manager in charge of the operations of the City, rather than a part-time mayor and three managers. He urged the Council to vote no on this budget. Paul Seeley pointed out that Administration has studied the situation and frozen positions. He opined that the frozen positions should be elimi- nated, since they would probably not be unfrozen in the next few years. He said that this is not a good time to raise taxes, and that the City should try to replenish their savings as soon as possi- ble. He said that some strategy should be devel- oped regarding the frozen positions and the contingency fund. The main motion to adopt Ordinance No. 3011 approving the 1992 Budget with the Mayor' s 11/18/91 amendment regarding police and fire positions, recommending that the Mayor promote the Deputy City Clerk and the Office Assistant to Deputy City Clerk eliminating the Office Assistant position, and reinstating the Youth at Risk Pro- gram Coordinator as a full-time position carried with Houser, Mann, Orr and Woods in favor, and Dowell , Johnson and White opposed. Woods agreed with Seeley that it is imperative that a plan be developed which addresses the possibility of having less revenue than antici- pated for next year, and that it should be accom- plished before the end of this year. She encour- aged department heads to work together to develop a strategy, and asked that it also include pro- posals as to where additional income, if any, would go. She asked that the plan be discussed by committees and be brought back to Council . The Mayor directed Mr. McCarthy and Mr. Chow to 13 November 19 , 1991 BUDGET develop such a plan, take it through individual committees and the Operations Committee and then through a workshop before the end of the year. White asked whether this document will detail the City's position, and if so, whether the document would be legal and binding. The Mayor clarified that neither the Council nor Administration can pass a document that binds itself in the future, and sug- gested that a proposed policy plan be developed which could be adopted through a resolution or an acknowledgment. White expressed concern that such a document would not be effective. The Mayor pointed out for White that Administration has con- sulted with Council regarding the hiring freeze, and would continue to do so. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through November 15, 1991, after auditing by the Operations Committee at its meeting at 5 : 30 p.m. on November 26, 1991 . Approval of checks issued for vouchers: Date Check Numbers Amount 11/1-11/15/91 1.11463-111997 $2 , 502 , 158 . 06 Approval of checks issued for payroll : Date Check Numbers Amount 11/20/91 01163882-01164605 $ 635, 239. 10 REPORTS Public Safety Committee. Mann noted that the Public Safety Committee will meet at 1: 00 p.m. on November 21 in the Council Chambers. Among the items on the agenda will be an ordinance regarding train whistles and a Kent Bicycle Advisory Board resolution. ADJOURNMENT The meeting was adjourned at 9 : 35 p.m. i Brenda Jaco er, CMC Deputy City erk 14 Kent City Council Meeting Date December 3 , 1991 Category Consent Calendar 1. SUBJECT: 1991 ACCOUNTS RECEIVABLE WRITE-OFFS 2 . SUMMARY STATEMENT: As discussed with the Operations Committee on November 26, authorization is being requested to write-off $54,442. 13 in accounts receivable. The amount represents approximately .4% of the monthly receivable balance of approximately $14. 6 million. The amounts to be written off have been through the City's collection process as delineated in the attached material. The amounts to be written off include $22,243 in bankrupted accounts and $17,992 in accounts that have been turned over to the City's Phase II collection agency. 1991 was the first year the City used a collection agency. Phase I is a letter writing process costing $8.45 per account. Phase II involves turning the account over to the collection agency and receiving 65% to 50%, if the account is collected, depending upon the City's volume of business. 3 . EXHIBITS: Accounts receivable collection procedures, accounts to be written off, information on November 1 collection agency status report 4 . RECOMMENDED BY: Finance Department and IBC (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds Y' t DISCUSSION• ACTION• Council Agenda Item No. 3CV MCCARTHY,TONY / KENT70/FN - HPDesk print. ---------------------------- ----------- F--I)ject: A/R WRITEOFF - FISCAL NOTE ator: Tony MCCARTHY / KENT70/FN Dated: 11/22/91 at 1111. THE ATTACHED PROVIDES THE SUPPORT FOR THE 1991 ACCOUNTS RECEIVABLE WRITEOFF. THE WRITEOFF IS BEING REQUESTED AFTER ALL OTHER STEPS TO COLLECT THE ACCOUNTS HAVE BEEN TRIED. THE RECEIVABLE PROCEDURES FROM BILLING TO WRITEOFF ARE INCLUDED IN THE PACKET. THE WRITEOFF REQUEST HAS BEEN REVIEWED BY THE CITY ATTORNEY WHO CONCURS WITH THE FINANCE DEPARTMENT RECOMMENDATION. THE WRITEOFF REQUEST INCLUDES $17,992. 30 THAT HAS BEEN TURNED OVER TO THE CITY'S COLLECTION AGENCY. IT ALSO INCLUDES $22,242.53 IN BANKRUPT ACCOUNTS FOR WHICH THE CITY IS STANDING IN LINE WITH OTHER CREDITORS. IN ADDITION $14,207 .30 IN MISCELLANOUS ACCOUNTS ARE BEING REQUESTED FOR WRITEOFF. THERE IS NO FISCAL IMPACT OF THIS WRITEOFF SINCE AN ALLOWANCE FOR BAD DEBT ACCOUNT IS ESTABLISHED ANNUALLY AND FUNDS FOR THESE WRITEOFFS HAVE ALREADY BEEN ACCOUNTED FOR. RECEIVABLE PROCEDURES 1. Initial billing for all receivables is the original invoice or in the case of the parking citations, the parking ticket. 2. MISCELLANEOUS RECEIVABLES: a. All accounts outstanding accounts in excess of $25 are sent to the phase I of collection after 30 days. This provides consistent pursual through the 85th day and at that time we make the decision to dis- continue or to turn the account over for phase 2 of the process. b. Accounts in excess of $100 are turned over to phase 2 of collection, unless we are instructed otherwise by the billing department or the attorney's office. The collection agency assumes ownership of accounts and we no longer have control over the process. C. Account writeoff. 3 . WATER UTILITY: a. Accounts receive a door hanger. b. Water is shutoff unless bankrupt. If that occurs then the amount owed prior to date of bankruptcy is set aside until bankruptcy is resolved. C. Bankruptcies that are uncolletable are written off. 4. LID a. Accounts that pass the annual delinquency date are assessed interest and penalties. b. Those accounts whose delinquency passes the 2nd January are pushed into the foreclosure process. C. Foreclosure. 5. PARKING CITES: a. In addition to the original citation, a billing is sent to the registered owner. b. With three unpaid parking cites, information is turned over to the State of Washington Motor Vehicle Division, who puts a hold on renewal of vehicle licenses. C. Account writeoff. DATE: November 20, 1991 IBC Committee FROM: Tony McCarthy,'Finance Director SUBJECT: 1991 ACCOUNT RECEIVEABLE WRITEOFF PROPOSAL Our Accounts Receivable Subsidiary Aging Schedule for September 30, 1991 shows $14, 646,781.44 of receivables with $299,085. 03 in the 90 day and older category. Those on the attached list which is summarized below are 1990 and older accounts for which no further collection effort is cost effective. Based on this we are asking writeoff authorization for $54,442 . 13 which is less than .4% of total receivables. The writeoff list has been reviewed by the City Attorney' s office who concurs with our recommendation. Of the writeoff amount $17,992 . 30 is in th the hands of our Collection Agencey. The complete collection procedures are shown on the following page. Amount Reason WRITEOFF AUTHORIZATION BY YEAR: 1) 1988 $ 5,248 .82 2) 1989 39,450.50 3) 1990 9 , 742 . 81 Total $ 54 ,442. 13 WRITEOFF AUTHORIZATION BY TYPE: A. Bankruptcies $ 22 , 242 .53 1 B Employee Medical 2 , 354 . 08 2 C. Utilities (Garbage) 482 . 00 3 D. Credit Management Svs(CMS) 17 ,992 . 30 4 E. Other 4 ,821. 22 5 F. Parking Cites 6, 550. 00 6 Total $ 54 , 442 . 13 1. These are accounts for which the responsible individual or entity is bankrupt and there is little we can do to collect. 2 . These are accounts for employee medical that were paid while the employee was on medical leave. The individuals are terminally ill or on disability with little wherewithall to pay. 3 . These are old garbage accounts 1987 and prior of which there is little hope of collecting and the cost of doing so would outweigh the gain. 4 . These are accounts that have been referred for phase 2 of collection. If the collection agency is successful they will retain 35-50% for their fees. These accounts become the property of the collection agency and we have no control over their disposition. 5. The remainder are 1989 and 1990 accounts that are either too old or to small for the collection agency or are being pursued through the courts and we may or may not get a judgement and if we do they could be years paying. 6 These are the 1989 uncollected parking cites and at $10 to $25 are not cost effective to pursue. Attachments: Receivables Procedures, 9/30 Ageing Schedules, Proposed Writeoffs j. I " I CITY OF KENT EXHIBIT C ACCOUNTS RECEIVABLE AGING SCHEDULE SEPTEMBER 30, 1991 NO OF FUND 9/01-9/30 8/01-8/31 7/01-7/31 ACCTS NO 0-30 days 31-60 days 61-90 days 91+ days Total Due ---------------------------------------------------------------------------------------------------------------- GENERAL FUND Miscellaneous 122 001 3,774.32 95,336.21 1,477.74 29,854.38 130,442.65 Traffic Violations 1441 001 1,945.00 805.00 1,025.00 16,870.00 20,645.00 ------------------- 151,087.65 ------------------ HOUSING 8 COMM. DEV. 2 1XX 40.00 421.17 461.17 OTHER OPERATING PROJECTS 3 NXX 8,380.45 3,480.97 11,861.42 STREET CAPITAL PROJECTS 2 RXX 50,886.00 3,323.84 54,209.84 PARK CAPITAL PROJECTS 3 PXX 7,801.50 39,410.60 47,212.10 OTHER CAPITAL PROJECTS 1 MXX 19.92 19.92 WETLANDS STUDY V30 0.00 WATER Miscellaneous 37 410 1,885.75 835.07 131.48 24,647.36 27,499.66 ------------------ 27,499.66 ------------------ SEWERAGE Miscellaneous 19 440 0.00 143.15 0.00 68,241.78 68,384.93 Capital Projects 5 DXX 36,330.94 21,363.03 57,693.97 ------------------ 126,078.90 ------------------ UTILITY CLEARING 1,780,817.66 4,658.95 7,159.21 5,326.96 1,797,962.78 GOLF COURSE 3 480 271.00 5,471.00 5,742.00 EQUIPMENT RENTAL 6 510 5,448.99 5,448.99 CENTRAL SERVICES 3 52X 2.90 20.12 23.02 INSURANCE 1 56X 134.00 134.00 COMMUNITY EVENT AGENCY 1 68X 250.00 250.00 PAYROLL CLEARING FUND 790 0.00 SPECIAL ASSESSMENTS 292/93/94 251 0.00 285/299 302/303 15 265 7,207.93 209.07 7,417.00 291 8 261 40,631.64 40,631.64 287/296 6 267 31,441.03 0.00 31,441.03 283 25 258 480,978.37 7,732.11 488,710.48 289 16 260 27,208.95 27,208.95 305 2 269 7,057.74 3,290.36 10,348.10 304/311 10 272 160,465.95 63.52 160,529.47 300/307/309 32 273 166,797.85 28,012.12 194,809.97 308/314/317 19 274 108,187.44 464.32 108,651.76 313 28 268 115,778.08 5,917.14 121,695.22 297/310/318 76 275 881,498.70 9,987.51 891,486.21 316/19/20/21/24 93 270 696,915.69 30,469.39 727,385.08 322/323/325 115 279 640,678.17 28,016.40 668,694.57 328 21 277 1,519,300.95 1,519,300.95 327 48 280 1,927,454.60 7,278.01 1,934,732.61 334 18 281 78,976.63 1,723.53 80,700.16 330 282 3,865,133.18 3,865,133.18 331/335 34 283 1,539,913.61 1,539,913.61 ------------------ LID TOTALS: 12,418,789.99 ------------------ TOTAL RECEIVABLES: 2215 14,100,545.09 201,026.95 46,124.37 299,085.03 14,646,781.44 ------- ------------------ MISCELLANEOUS 208 22,155.92 195,563.00 37,940.16 153,724.59 409,383.67 TRAFFIC VIOLATIONS 1441 1,945.00 805.00 1,025.00 16,870.00 20,645.00 UTILITY 1,780,817.66 4,658.95 7,159.21 5,326.96 1,797,962.78 SPECIAL ASSESSMENTS 566 12,295,626.51 0.00 0.00 123,163.48 12,418,789.99 ------- -------------------------------------------------------------------------- TOTAL RECEIVABLES: 2215 14,100,545.09 201,026.95 46,124.37 299,085.03 14,646,781.44 ------- -------------------------------- ----------------------------------------- �®Crporate A.JffWl � COLLECTION *�O(::tee Office spa: ::� STATUS REPORT o V 5880 Commerce Blvd., Rohnert Park. CA 94928-1691 (707) 584-4225 CLIENT NUMBER PHONE NUMBER PERIOD ENDING PAGE 6502-63013-000 206 859-3368 11/01/91 1 CURRENT *AGE SE I o LASTACTIVITY t n DEBTOR INFORMATION BALANCE MM - YY I MM YY MM - DD - Y I CD CITY OF KENT ACCOUNT REP N0. 2707 CUSTOMER SERVICES JOHN VAUGHAN 220 4TH AVENUE S PHONE 206 883-1911 KENT OA 98032 PHASE II 0021075529 OLSON BROS PAINTING 10712 001 10449 464.31 05-91 07-91 10-11-1 SC : 0021075538 HAYSt ERIC COURTNEY 1666,04 04-91 07-91 10-25-1 SC ' 0021075539 FANCO CONSTRUCTION AIR 10878 56.82 06-91 07-91 10-07-1 PT 0021075545 PAPE E SONS CONSTRUCTION AIR 10879 42.10 06-91 07-91 09-24-1 S 0021075551 FUTANAP LOWLAND UU AIR 9354 410.80 03-90 10-91 10-30-1 0021075552 KNIGHTP JON S AIR 9781 781.37 09-90 10-91 10-30-1 0021075555 3RIERE INCI J F 10007 36.93 10-90 08-91 10-16-1 ' 0021075557 GELLERSONP LEON E 10823 57.70 06-91 08-91 09-18-1 M 0( )75559 SIEFRIEDs WALTER R 10885 81.25 07-91 08-91 10-21-1 PP ; 00z-.075561 WEDGE ENGINEERING 131.48 07-91 10-91 10-25-1 P 0021075562 RAPPEw WILLIAM M AIR 9620 232.66 06-90 09-91 09-23-1 M 0021075563 RICE• TODD AIR 10199 369.36 05-91 09-91 10-23-1 0OZ1075564 STEVENSs _MAYNARD AIR 10423 2553.46 02-91 09-91 10-02-1 M _ 0OZ1075565 HENDLEY £ ASSCCs P AR 10802 10969 373. 88 08-91 09-91 10-24-1 PT 0021075566 MEALINO CONSTRUCTION AIR 10962/11142 33.28 09-91 10-91 10-29-1 PP 0021075567 LICOLAS—JUAN# FELIPE AIR 7965 208. 13 07-91 10-91 10-29-1 0021075563 RICHUCK MECHANICAL AR 10906 441.63 08-91 10-91 10-29-1 PT 0021075582 WESTERN ASPHALT AIR 10981 128.42 09-91 10-91 10-29-1 TRANSMITTAL SERIES 0021075483 THRU 0021075582 PURCHASED 1-23-91 SYSTEM PURCHASED NUMBER 100 AMOUNT 345.00 ACCOUNTS SU3MITTED 83 749536.30 PAID IN FULL/CANCEL 49 15 605.97 PARTIAL PAYMENTS RECEIVED 2 224.40 SUSPEND 9 47Y415.63 TOTAL PERFORMANCE 60 631246.00Y SKIP/MAIL RETURNED 3 2v343. 82 COMPLETED SERVICE 14 6096.94 COLLECTION COST TO DATE IS 1.1 PERCENT OF AMOUNT COLLECTED *AGE DDATE R CHARGE EST PAYMENT t CODE M MAIL RETURNISKIP PP: PARTIAL PAYMENT S: SUSPENDED ACTION P. PAID IN FULLICANCELLED PT: PAID THANK YOU LETTER SENT SC: SERVICE COMPLETED SUSPENDED ACCOUNTS Account Name Amount Due Reason Suspended BNRR Roadmaster 2,164.00 Attorney's Office Blue Banner 9,07112 Will Pay Choate Construction 137.88 Paid Corporate Prop Investors 154.73 Paid Corroon,James 1,370.30 Will Pay Costain Seattle 3,323.84 Will Pay Mr Fresh Foods 30,946.26 Will Pay Pape & Sons Construction 4110 Paid Weiner, Brian 204.40 Will Pay 47,415.63 AGING SCHEDULE - 1991 WRITE OFFS Org invoice Fund Code Date Customer Amount Service Invoice Comments --------------------------------------------------------------------------------------------------------------------------- 001 6660 31-Jan-89 Turner, Patricia 180.T7 Repair Fences Titus & Smith 7272 Bankruptcy 001 5523 01-Mar-89 Alfieri Construction 704.52 OT/Forest Creek Apts 7772 Bankruptcy 001 5523 23-Mar-89 Alfieri Construction 391.40 OT/Forest Creek Apts 7776 Bankruptcy 001 5530 28-Apr-89 Lambert, Matt 1,521.37 Repair Light Pole #89-2075 7963 Bankruptcy 001 5523 01-May-89 Alfieri Construction 761.00 Overtime-Forest Creek Apts 8121 Bankruptcy -------------- 001 - Bankruptcy: 3,559.06 -------------- -------------- 410 1610 28-Mar-89 Standard Equipment Inc. 5,424.31 Utility Bill - Water 8174 Bankruptcy 410 1610 10-JuL-89 Davis Walker Corporation 3,278.99 Util Acct #960-2100 & 960-21 8491 Bankruptcy 410 1610 15-Sep-89 Parkwood Apts 3,378.93 Utility Acct 810-3600 & 3690 8780 Bankruptcy -------------- 410 - Bankruptcy: 12,082.23 -------------- -------------- 440 1610 10-Jul-89 Davis Walker Corporation 3,841.77 Util Acct 960-2100 & 960-212 8491 Bankruptcy 440 1610 15-Sep-89 Parkwood Apts 2,759.47 Utility Acct 810-3600 & 3690 8780 Bankruptcy -------------- 440 - Bankruptcy: 6,601.24 -------------- -------------- Bankruptcy Write Off Total: 22,242.53 -------------- -------------- AGING SCHEDULE - 1991 WRITE OFFS Org Invoice Fund Code Date Customer Mount Service Invoice Comments ---------`----------------------------------------------_--------------.----------_-------.-----------_-------------------- 001 5530 05-Jun-90 Brown, Henry 238.37 Medical Insurance during LOA 9322 Employee 001 5530 09-Aug-90 Brown, Henry 554.04 Medical Insurance during LOA 9324 Employee 001 5530 24-Oct-90 Brown, Henry 369.36 Medical Insurance during LOA 9331 Employee 001 5530 04-Dec-90 Brown, Henry 184.68 Medical Insurance during LOA 10190 Employee 001 6660 04-Jun-90 Lingohr, Leon 1,007.63 Medical Expense - Jan-Apr 9319 Employee -------------- Employee Total: 2,354.08 -------------- -------------- AGING SCHEDULE - 1991 WRITE OFFS Org Invoice Fund Code Date Customer Amount Service Invoice Comments --------------------------------------------------------------------------------------------------------------------------- 410 1610 06-Feb-90 Silvestri, Dan 4.86 Utility Transfer 576-7750 9351 440 1610 06-Feb-90 Superior Fire 19.65 Utility Transfer 721-4000 9339 440 1610 06-Feb-90 Skovald, aver 107.83 Utility Transfer 596-7150 9353 440 1610 06-Feb-90 Skovald, Iver 102.24 Utility Transfer 596-7200 9338 440 1610 06-Feb-90 Silvestri, Dan 242.81 Utility Transfer 576-7750 9351 410 1610 06-Feb-90 Skovald, Iver 2.05 Utility Transfer 596-7200 9338 410 1610 06-Feb-90 Superior Fire 0.40 Utility Transfer 721-4000 9339 410 1610 06-Feb-90 Skovald, Iver 2.16 Utility Transfer 596-7150 9353 -------------- 482.00 AGING SCHEDULE - 1991 WRITE OFFS Org Invoice Fund Code Date Customer Amount Service Invoice Comments 001 6660 12-Apr-90 Aaron, Billy D. 193.65 Tree Replacement 8397 CMS 410 5550 31-Aug-90 AmeriSuite 154.73 Repair Hydrant 9877 CMS M50 2331 29-Mar-88 Arrow Transfer 19.92 Diesel Spill. CMS 001 2331 29-Mar-88 Arrow Transfer Co. 616.76 Diesel Spill 6133 CMS 001 2331 05-Apr-88 Arrow Transfer Co. 592.50 Diesel Spill 6135 CMS 001 5530 26-Mar-90 Bell, Jason Scott 133.96 Police Barricades for Accide 9003 CMS 001 2261 20-Sep-89 Bench, Regina Marie 144.58 Tow 76 Ford Van #946AYC 10/2 8784 CMS 001 5530 31-Dec-89 Delaney, Perry 1,065.72 Repair, Replace Lightpole 8886 CMS 510 5544 07-Mar-90 Fuiana, Lowland Liu 410.80 Repairs to Patrol Vehicle 9354 CMS 440 5595 26-Feb-90 Godina, Yvonne 1,670.86 Damage to City Property 9000 CMS 510 5544 07-Sep-89 Graf, Stephen 1,185.95 Repairs 374 & 376 Case 89-41 8650 CMS 001 5530 27-Jul-89 Hays, Erica 1,666.04 Light Pole #89-01619 8391 CMS 410 5550 15-Dec-88 Haywood, Alice 511.16 Hydrant Repair 7718 CMS 001 5530 01-Aug-90 Hoke, David S. 193.77 Sand diesel spill 9618 CMS 410 5550 27-Dec-90 International Alum 1,175.21 Hydrant Permit #1772 10104 CMS 001 5530 19-Sep-90 Knight, Jon S. 781.37 Remove & Replace Damaged lig 9781 CMS 001 2210 06-Sep-89 Lamar, David Bernard 142.69 Damage to #368 Case #89-4320 8648 CMS 410 5550 31-Jul-89 Leaf Corporation 400.00 Hydrant Prmt 1399 Ck Valve 1 8385 CMS 410 5550 31-Jul-89 Lee Daily Trucking 600.00 Hydrant/1505 Ckvly/141 111/11 8387 CMS 001 2210 19-Sep-89 Nguyen, Thanh Tai 250.00 Repairs #379 Case #89-4290 8700 CMS 510 5544 19-Sep-89 Nguyen, Thanh Tai 872.46 Repairs 379 Case 89-4290 8700 CMS 001 5530 01-Oct-90 Nightingale, Jason 340.14 Handrail at 112th & James Re 9892 CMS 001 5530 23-Apr-90 Nunez, Kenneth Rick 105.00 Replace Yeild Sign 9461 CMS 001 5530 14-Feb-89 Penlick, Patricia 599.12 Repairs to Handrail 2 S Cent 7935 CMS 001 5530 01-Jun-90 Rappe, William M 232.66 Repair Sign/Lk Fewick Case 9 9620 CMS 410 5550 19-Sep-90 Reed, Robin 118.93 Repair hydrant assembly 9882 CMS 001 6200 02-Feb-90 Seattle Pro-Am B-Ball 160.00 Room Rental. 9172 CMS 001 5530 28-Apr-89 Stewart, John 973.43 Repair Light Pole #89-0948 7967 CMS 001 5530 26-Mar-90 Stokesberry, Catherine 605.78 Handrail Repair 9006 CMS 410 5550 31-Dec-88 Valley Cement 450.00 Ck Valve 119 Permit 1352 7725 CMS 001 5530 01-Aug-90 Vale, Lorraine 122.55 Sand oil spill 9772 CMS 001 6200 30-May-89 Wilson, Dale & Sheila 1,210.00 Room Rental 8066 CMS 001 2340 27-Jun-90 Young Dev & Construction 70.89 After Hours inspection 9484 CMS 410 5550 08-Jun-90 Young Development 221.67 Hydrant Permit #1666 9625 CMS -------------- CMS Total: 17,992.30 -------------- -------------- AGING SCHEDULE - 1991 WRITE OFF Org Invoice Fund Code Date Customer Amount Service Invoice Comments --------------------------------------------------------------------------------------------------------------------------- 001 2331 05-Apr-88 C P Trucking 973.79 Diesel Spill 6134 Too Old 001 5530 20-Apr-88 Common on Carriers 134.91 6647 Too Old 001 -5530 30-Aug-88 Moen, Don 147.91 Clean up Litter 7474 Too Old 001 5530 31-Dec-88 Boddy, David Jr. 595.94 Repair Light Pole #88-08368 7943 Too Old -------------- 001 - 1988: 1,852.55 410 5550 21-Apr-88 Centron 125.00 Hydrant Permit 6635 Too Old 410 5550 18-Aug-88 Centron 131.98 Meter & Consumption 7086 Too Old 410 5550 19-Aug-88 Tinker Landscape 225.00 Water Permit 7167 Too Old -------------- 410 - 1988: 481.98 440 5560 20-Apr-88 Common Carriers 36.71 Oil Spill 6647 Too Old 440 5560 12-Aug-88 Harrington Plumbing 573.71 Clean Sewer Main 7035 Too Old -------------- 440 - 1988: 610.42 510 5544 08-Dec-88 Cameron, G. R. 113.53 Repairs to Patrol Vehicle 7708 Too Old -------------- 510 - 1988: 113.53 1988 TOTAL: 3,058.48 -------------- -------------- AGING SCHEDULE - 1991 WRITE OFF Org Invoice Fund Code Date Customer Amount Service Invoice Comments --------------------------------------------------------------------------.,------------------------------------------------ 001 5530 28-Apr-89 Felipe, Nicolas-Juan 208.13 7965 CA 10/31/91 001 5523 31-Jul-89 Palmer, Will 126.00 KC Util Inspect/Lavender Hit 8157 Too Old 001 1610 21-Aug-89 South Valley Assc. L. P. 385.20 Leasehold Tax 8436 Too Old 001 5523 28-Aug-89 Palmer, Will 84.00 KC Util Insp for Lavender Hi 8164 Too Old 001 2210 07-Sep-89 Graf, Stephen 437.55 Repair #376 8374 Case #89-41 8650 Court Pursuing 001 5530 02-Oct-89 Bullington, Mark 74.98 Anit-freeze Spill 8718 Less than $100.00 001 5530 26-Oct-89 Bennett, James 44.92 Sand Oil Spill #89-7928 9856 Less than $100.00 001 6660 09-Nov-89 N.W. Cartage Specialist 27.43 Replant Tree Hit by N Petred 8395 Less than S100.00 001 6200 31-Dec-89 Burkhouse, Kenneth 40.00 Gym Rental 9173 Less than $100.00 -------------- 1,428.21 410 5550 22-Feb-89 Lee Daily Trucking 94.77 Hydrant Water Permit 1505 8567 Less than $100.00 410 5550 12-Sep-89 Leaf Corporation 25.00 Hydrant Water Permit 1399 8658 Less than $100.00 -------------- 119.77 1989 TOTAL: 1,547.98 -------------- -------------- 001 6660 14-Feb-90 Doolittle, Lyme 60.00 9265 Less than $100.00 001 1804 24-JuL-90 L D G Architects 74.46 Notice of Newspaper Publicat 9600 Less than $100.00 001 1610 16-Oct-90 Stevenson, Wendy 2.00 Copies of LID Rolls 10098 Less than $100.00 001 6110 09-Nov-90 Windsor Publications 21.25 Half cost of lost negative 9592 Less than $100.00 -------------- 157.71 440 5560 12-Oct-90 Briere Excavating, Jerry 36.93 Install Padlock on easement 10007 Less than $100.00 --------------- 36.93 520 1650 03-Oct-90 Crane, Paul 3.00 Photos, Compr. Transp. Plan 10050 Less than $100.00 520 1638 15-Oct-90 Carlson, Carmen 17.12 Retirement Contribution 9332 Less than $100.00 -------------- 20.12 1990 TOTAL: 214.76 -------------- -------------- MISC WRITE OFF TOTAL: 4,821.22 -------------- -------------- i M I II n W 01aWm Wm Wmlm G0 W m WmWWmmWmW mV0 W Wm W m Wm Wm WmW WmW m mmWWm W m WmW it '- -I l a 00 a a a a a 00 a a a a a a a a a a a a a a a a a a a a a a s 00 a a a a a a a a a a m1W a m Wm W 4 , m t I I I I 1 1 1 1 I 1 11 I I 1 1 1 I I I till 1 I 1 I I 1 11 1 if 11 I I I I I I I I I 1 I a la a as a a I M M z Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0'O o 0 0 o a s �I -J •J �I NI I z P'P P P P P PIP P P P P P P P P P P P P P P P P P P P P P N N N N N N N N N N N A A A A A A A N N N P P P N P II O O w,wowmmm:owwowPNNNNAWWWWNNNNNN - a .OPPPPP - � aaaamaaWoloNNN .IW 1 T aaa W m W JINN - + o W W W W IU - •JJ -1NA A AA A. N - N - - - oo oaa 00AA W W W NN N W'W N0o -4 1 .I'N - a •J - m'A N N o W a J P - a -J N A W a W -J P W o P N N o W �1 W P - W P W N N-m J P a m - No o a N N N ' ! I 2303 D 02'O Fn001.. 3 F n n N a 3 03 3F 33 nFD W Fnn < A � � F 19 -•132D -I W �. 3 rAIZ r-+ � m -� D' I O ••' D '•^' Z �••' '-' O D S D M > '•� D S S D O '-' D .. '•+ D '+ •+ a D O n m r D '-" O O '••' > A A `+ D r T C m .+ a 01D 0 0 0 D I I -1 'n < nDDn�2 -1 .N'< Z2f7 --ID .'9 -IDnCrrn -+ n � z ADO < '+ '-' nn Zf� -Imanzaao WnA-C7iZ2 -CL CriI "',2 .. 2x 22.Z S '-' '•+ Z � S SZ �+ � 3220 SS S M r- z -i '•• -n F2a 222 < SrOZ mn C 2 Am!n 2 rD m I O D,a O D.rn maim -( N 0 '-' nD -C G) _40 D D -( m r- -1 ZT •-• m r am > 0171 ' 0 m1 D -C ---I Z O - O I Z 31M M,.+ IT! --1 -I Wrnm _ nZM OM mr .'9 rOA .N DNM WO n -i rn 1' WZO > (n I N M r 7 r,3 3 r.-1 m > 1- r- m F r L r r r r r 3 3 r 0 . r 0 m r m 'n M m D W I > m'9 x _< Sm <D 0x m2 znn an2mM 23 r ZN AD £ m .� F11 -i F I> S -( r OD Lr <: SNT n < raO W nr M < _< > M2AS SW < 4 O I O iw .. w a . ,U'm > r z z -< W c z r >.m 7C 0. C W n G D fn D -I D r D 3 F m Z l� 3-('.D Z D' O mf2 m r -1 < ' immm .im A > m '-' ZMO D --IA � � SAn .'V22 D .� mU1`+ rrZ '-"-' D � ZO '^rZAi �'Dr m:CZLDD •+ 1 W7 IOm00 <,O -13 mn02 ZXXOMTMM O CO OC -( nZr Z rZ O Onm 0 O70fOm W mZ Cnll rn L _< L O >'-imT2rwxc > mOmr wm > Lmr m D ronvo F2 ZD Z -40 aiC o > 211 O Z Z > O ZIm A M > o Z Z Mx Z O O Z Z F (n m m O - O M D O O m!m 2 r r j ' L L M3 n'< Z -12 > M -0 Z D S > .M r G) 3 m n n -1 Z -iA M - O I Z A M - MM -40 r- Z in z O 3 M > W r O D -1 > Z ' M •- DZ Z 2 O r 3 Zm OX m 0 N < m < z o m D z V 1 -+ x C a -1 > m M z O 1M Z M Z -I Z Z N m m A N C M 0. 4 'Al m 1 O n 71 m (D x W m � � 1 0 0 1 s z D 1 D GD L M m ^1 I I o I '.W P (A P - -IA - -.N w iv o W - - - N co N to N W m'1W N N row W w in + o MILD - N'N W P.a - Alm N N m rJ ''I 'o •J O O a +�o P O N P N e o A o -- m o ld N W o o'o A - m o N A N - N o ^J N J OIN N O J rV +IA P P W .O O •� 0 - - 0 -'O rJ �'.A rO A -D P P - -I J' - � W P P - P P - .O CO O rJ A -� ''A P W!-I W W,P- N N ^0 11 A N'^1 N P O P '!1 n CO o is NO A ON NOAO OG ANPO W PO W N i N - J - 000 1 W - 0, W II -1 -.1 OLn -4 - w - A - m2 -- NO AN PrAZ ILAA WmM11 Z! N o 1 2 - P \ P \ W 0 C L T D m I W m rum 0 rA :in 71 -1 T N ti m 3 co rJ m 0 0 L y 3 MI '>C M W - 'W W O 1 0 o M (e) -1 MS 2 (0 D - : N m3 a 13 FZ(AA N -I A, re > 1 T T > n --I= Z m - - TL3 WOLA 1 OD 0 z 0 -I > MOA O W Ca00.0 .+ -1 O Cmo NPa DN -i mMd - CAM O W m 0 LDo OZ _4 I O < O D < w D < Z W A o N < AOAZ 3 0.> () 2 A W + i (O P^ (O ZIF A - D (o 3 '< N < 2 I a Z M Z S - M < o m O Z 3 N M Z N M O M Z < (O L S S -i zim O M', m m m .. D I D a M m m Z ',m m O > m M > •V M P• -1 m m m M O D it '-" A Nrm > 00 A A r < 1 0 _ . o (AZZ < M Z r < T. r0 < V 'L - r' < - X D r M II O 3 -I z m x m r O m r 1 !m '.> m IN r iz n I m O M 3 M 0 m A W .--1 0 < N -1 M -i O 11 M Z O Z m L 1L AD m M',mZ -4 -( 'A W I I 0 rA a Z M rf O -1 m m N' . a L W I o D m m -+ w - rn j a m P d i N N at W Z I ar i ' M m rJ x+ O at N o N I re <•> N (.1 o I P N D D A A > > A ID > -0 -0 (n A! -0 (0 1 < < O O < < O < < r r -i O r -i 'w -i w D F D (o O F'.F T. F W T. -i F N V > VZMCMMMMMM 'DM > MMOVCMMMMMMMOMMMMmM > >IMmm,mmC'Mr >:C < m',mMmrC ,I IOno > Zm> w ZiZ ZZ OZ nZ > Z'0C (ODZ00 Za'ZZ ZZ O ZZ ZT. Z > Z'> D W:Z -< n-m M >ir OZi-< CD :1 -4 a 1 -4 -1'-1 •4C,13 o-CA 11rm -1'.S C I 'D 2 D m V'-1 3- D 2- -i O D n o r D A r- O N O S -1 I-1 r.V . 3;A m -I;m F '- A 'I Z D Z .. £ ZIm O £ L £ ZED r m'.Z r O r > 2'> £ r'm > £ C D L L C m£ r £ r r ZI£ > D!2 -4 MI< D >,> Z I m m.2 D 1M Z D D D m b m 'm D z D M r D ml D D D r DID <Z' D m Dim m D D -1 m C r D'D I > £• Z £' £ L L L Z '£ m 0 £i ='.£ I m L I n !L > L n D m D'. = D D £ a.£ ME £ _ £ D L A O £ .>C £ D L a;a £ £I L L D I :D D D W . a 'D a 1 D D DI>= D D I -i 1 L a -i .{ £ a 'D L DL 1 I 1 \ D a 1 N L = L L D' 'D D j y co, W !a o o W 1 m 'm W N IU o laaa as oa aaaaaa aa'am .� w .om!amalam .oa .oamaw .owm�.o .o.o,wma'mm .olmaa,.mw 1 ,a m a W m N W '00 W m a W (0 W W a W m CO a CO m W m W m CO W CO W m CO!OD W m!W CO m W OD W m CO m.W m W m W j 1 NAN o0, - o o G III) OA -- NNO + oNoo ••• :N OGOo oo PNlo - O - - o'o NAO N -`Io oo.No 1 ro N o A of a A W A O W W rJ _1 0 0) m W 0 rd W 0 .>A W W N W W P JIW W W'A 0 o'W G O'o 0 010 G W o O I IN N N. N N''. co iN - N N N a UI NTO N m 1u N 1.1 N W N N N N W - -- 111 JIN W - A W NI- Q W,n) A W'N W rJ W to I I I > : 1 3 N o 0 - - - -INN - + N + - - N N - N + IJ N N - + N N - N - W N N N rJ - N N N N!N N NIN N N'- N - N N N N N 1 0 N,o 0 0 0 0 o N N o!o N o 0 o N o o N'!o N N N o o N N o N o NNN N In o N N N N,N N N,N N th o U1 o!N N N N N o I C ,• Z o�o c o 0 0 00 0 0�0 0 0 0 0 0 0 0 0l0 0 0.0 0 0 0 0 oio 0 0 0 0 00 0 0 0 0 010 0 00 0 0�o a oio 0 0'0 0 0 1 1 I I W,W W W.m W maim W W!m W m W W m m W m'W OD OD co co m.W CO CO CD W m.W m 0 W m W100 W m,00 W mlrA m co! 1m co WIW m W''W W 00 1 -i a!a a a'a d a d a ala a .0.a d a d a .0,a a a a a 0-0 a a1a a 13 a a!a .D 1010 a a'a a a,a a aia .0 a s a a a a s m o0000o OIO o O,Ooo'O0o-OO O OoO'O o O'o o O.00000 oi0001 0 ciooOt0 N w N N N N N',N N N N N N - - - - - - - - -• - -- - - -INN W - - - - -�- - -I- - P -"- + - - oo'o 00000WWWWW WW WPi fJN NfuN -,00fU0000 0 010 0 01- -- -��-- --I- o o�N oN No - ID AIA A W W o aim W -1,d ^> m -- - o 0 0 lrl A W W W w a'a N O a a A A A WIw W w'N - + O,O A N,N + -I N W N I -i V 11 I m r I I t 1 0 I i I 1 r r n m Lb I rA LID r.0I W W W CO lb ♦O W W W W W !A W W W W iD 0 0 W W W 0 W W W W W 0 0 ♦b W W W W W W W W W W W W W W W W W W W O d d Ow -.0 010 d d d W d d"V d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d 11 I I I III I f l I I I I I I I I I I I I i l l l l l l l l l i l l l l l l - - I l l l l l l l l l l l - l I l I m O -I- - O a 0 0 0 0 0 0 O O O O G O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O I Z did d d;d d did d d d d d,,d W W W W W W W lA W W WIW W W W W J J J -1 J J J J J J J J J J J J J J J J J J J J J I O O A A A N',rV - - - - -Io O G:o d d d d d d d m',Ln N In IIin Ln A -- o d d d d J -J -1 J J J J J -I J Ln A A a'.N N N IV ro o I T W IfU N t.A d djW (G J N - �' Ln W W W W N O o',d W W J .! -'N W <0 W 'J A D A A A W N rV - P O Ln d d CO Ln a W N N N I d Ln,- o f In A O J 0 o,A m N.W J d,Ln rU d a W d Ln 0) J m N J A O d m N A'W 00 a n � r.. > mla w .Clto z 4,1 w ;D;m O >i" c. (n:> x 3!4 n F.I" x -nix 0 0 a w n'm O Ly lt. x oio x 4'r a -i'= 1 1Im E L. p O T I S'Z > •-•'O > -<1> m W10 O N A m r'> O >I- > r.X D O'O D >IIm m �•I� "' >,O 113 > 6 r -c r c >iz W '�-+ r T 3 z m'a z n:2 -I rIn < m;o c r •- z - Z Z 3 r A •- m -/ x � Z 3'W � 31a r , Z Z I-- I zimz > rnDr � zzl�» an!rrmm - z'!zmx:zxmlo .. vl c? Da � z.v `> mr .- z�c, xz.�- -� 3'I-Im (zr3l D -' I o mlrn z' z -00 > im z o.-- x.cn n . Im z D; r Ic z r aiz > 1 m r N 1'o m m -<'�m W x �^' r Z' I Z Ln 3 '� i = rlr - o W -1 m ml,a m_m m O.m ILn > v m o r v v a o:a m n r '� a nI m m.tn v a Ln 1 x m: m m > x z v I m r- m ;r > m:n W o� o z r zl< z x n m 2 ;= > Oto ml o m x m > !O z m - � Is £ ti xIa n j z n x a �I DICn z r'.x n I 0 &.Im m x > Z >!A 0 3 r 70Ib > 'r 1,W m A10 nlz to 010 CJ O RI A'.3 mix O A,Lo O O .- E n 3 > O 'r to I O O!V? r m a s m'p 3l0 r Wla Z 3 > z C:3 O '� > xlm 0 TIIZ .'DIr 'm > vlm 1 I 4 z v n r!> 0 mIr A F:.m - x11 S'x to �'Ln D O C �+-< T x C A Z ;O I-I > D 0 m. O w 2 mlm In y r Z wim -I �i o Z > D n:W Z m n A m'-< 0 T I W Z!D O 2 r Z'I�+ Z� Im in 2 in �+ Zi1 Z O N vo'I,r O D >+ Z n M < O SI13 I-• rn > 0 1 `+ oix AI> - Z' 2 `0•I m £ Z '.> r m Z 03 W IA r.0 O? mil Z,Z 3 1i n -I cl 2 1 - A >.> Z -1'�.A C D Z X:r O r o to 0; z DI 1 0 �'I r n io 0 D i3 x!z S XI' 0 •- �W T �2 001 � m Z m E'IZ S M 0 - r '•.Z A >lo >I O XI i E L 0'I N .+ r 00 1 Z %0 >. r V) I O"" Z �O C x ',� m Im 3 A N > r 3 to.z m '-1 ZI r,, Z I m zI' zl m A m Ix a o r r O'm z 0 m 1 rr m z rJ z z'I co, z I i m - z I z OI z mi < O .I; !m 1 I 1 IN I to - 1 L I m rti I'fLIA W -- WJ - " fG W P) N - ro fV - ;W JNN Afpd - -•j- -'N -- N -'INN WN -` WN - WmNw - I ai LO O!O W N -Ln W O o O�fU m o o A JIUI G IW O o- > Cll dIN A LJ IIo A'W - W - A A W IN 1171y W O W W N I O aJm o - N W O;O Ul - A O1- A O m W oIrA 0 'n) d C.W G W.- 0 411rd '0 IA'O W O N W Ul'0 N S�IA N O W J W W O ml i n WITV A (V.W Cc' of-- LjAo Rj W W Wolreo m -1 f0 W -I WWla ONO - DA WIm An'o -- - d NNG W� OIIIi Ill VI ¢,:d Ln W o a, w N d fLlo N �C�', o O m d W m :1 W Ln P in ICn £ -i -IN Z w OI IE -.� .� 01 Z - D !b O In 1 O A rLI 1 m'p S I N .^_ O •• O Ln' > o En z X M i . c A 2 3'm D Ln,m 0 O o!W W X „- -irfl E O Ili 41,- m ''CO x A - P) n N - m; m -0 W 0 -1 m LO fC'ICO Rl 0• n fU N W.W - N r CO W -- N ZI'2 � m�,m O N rA 1 - Q,IW > 0 to R).> F+ I m A D - 0 A i-0 O:W 'n 1 C•I-i T N r0 0 ,00 A rill,x W o'.O Z m > C I m O 1 - mli I m N 1 A,3 Z m O D N W r IU W d O >iN A IZ G o > >I ,m X'J p > -< w -,> A to W 1 d DIr 2 D 'Oiz m 0 -< LO',D r < -I N m CIA z Vl -a A < < D >,7) D RI m -< W'< W N I I D d <:Ir Wr1•-• '+ O.< Ln -. mr Ln!W IV -IW pTWm41..> ,AJ Tmto < <' GW' DrW mim Tm I1 O Rl z d m m m L: z x Z',Rl -1 p', Z I- J'1 W > N j m T,,D In < ' m (O•S D m D ' 0 V - D O 1 r m N. 'fV I Ln Z m VI rf r co < Z to 0 x r!Ln o m V)' o Co 0 rA m I'a m m, r 'ro to iT. W m Im ; N .. z to O r !p :A I o � m W 0 w it m -C W z % .I to A l D N rU - ! o rU > n11 > Z < !• 1 'n x -4 Ln > m'm 7Z w'0 7 n W T. D CO ' >',x x D m x w 3 D m Imp W to X w W x W fO'.T. W W 4) x x'b x l m i T m > m m C m m m m m m T m m m m m C:m m c m m m.D C Tm m m:rn .r rn m m n'm m mx m .-.'C m > < > m:m m m c m m•r vznz > 00izz > azzDzrn > Zwlzztx1iwvrr >IzraZ > XZ > >,mzz.mZr)mnZl> zz'Wzz 1 M 1 G 1 C m --I --I --I 1 -111 -I m 1 -I Cj1 1 c m 1 r'r c mjr r -. -1 r 1 -7 -1 O -4 -I -1;r 1 0'1 C - O;m 0 -41-4 0 -1 A l -4 .'0.-a a 1 .m m m m m M A•.-I m -yl r. y 1 T -/ 1�1 COiM- aim 3 0,1 > D L r Z > Z c r r L D r E m r L Z:L E Z a E <. 2 D,Z < r'£ Z r L r .+'•= r r 0 £ 1 Z D'1 D z r z c z = z I r > m r! > m m a r,T > m m > ID > r > CI< r c? C m a c m a m m.> m m;z D o !1 m c a a 1 1 £ E Is: z _' E. m > E IS m In r! z-E E EI E _' _ £ > > -Z D EID E� D'£ E >1 D E r > £'D L LI £ p' £ £s£ IP D D1� D Dip D D11 1 > > >' > > E > > C r >13 E >1 3 > D m _. C, KI D D. -< a -i £ L1 £ £ x: CO CCOO 1 I 1 a A >' > D D I O 11 W i m W W m!w d d d d d d d did d did Ln d d dId d d.d d WCC W W W co W W'.W W m co WrA W W.W W W!W W W W W J+,rA W WIW W Is, CO d W W 0•;00 W W W W W.W W';.W W W!W d W W W W'1 o a o - O O!o -'CO o Ln -- o rA - O o10 0 0 0 0 0 0 0 o N o -IO - -- -' W O - -.ln O W'O AiN A O O U7 O'.o o O I o G W A o N Ill -1, W w m W N A A O',W W P N W O W C O;m O m,LA O IA A in W m V1 W W W'O m'P O 1A O O A o W N' I W dIOmfV W IA W -- - rD - O'W NNfU R) fV W - A.00 M NINmm'ru A IA m -1 - W IAA - dN In -1OI'- dNwN111.,1 II D , I 3 N'N Ln - - N WI- NI-- - N N N - - N N -- N fV rl- -' - N NI- - N NIN N -' -' N pi N N N -� -iW - NN -• I O N IA G O o IA Ln'0 G o10 O G o Ln U1 Cn a o:IA N o Ln IA 0 0 0 o;ln IA VI'o 0 0 o IA VI'o Ln o!o N N'N IA o Ill G ol. O Cn Ill G o 1 z GO GOO O O�O G OO O GO O O.O O OIO 0 0 0 0 OO O O10 O OO G O O D OIO O O.O O O�O O O'O O OO O OO O O' 1 1 0 0 0 0 0 0 OO O G'O O OO 0 0 0 0 O10 O OO O O',O G O!O O O,,O O OO O OO O O O O O O O Oi0 O O!O O O O O O!I I ! I I W.0 W rA W 0 W.W W W W W 00 im W W Co W rA W rA W to 0,CO W CO 0 to W W W Co OD 0 a, (a W WIW W WIW W W,W W OD!al W W W 00 W 11 .O -0dd .D dv�.•-0dddd d .G ..I' ddd ddd ddd OA',OA GA 0A.0A OA OA�'OA OA O.G O G O O OO OO,O G O O O ddO dGd l m A;A a A'A A W W W W'IW W W W W W,W W A''.N A W•W W W m W W,W W W,W W W-rV fU NIN IV N,N fU N.N N NI I p - fU N - -lo G o G O o'o G W'IV fU D)TO N fU P) fV NIR) Pi -1- " -'I- " - - P oIo 0 0l0 0 o'N fU Pi!fU W NIN fU N,- Ca 1 D JJNW W - O m Ln A'W 00 W Ao'd co Ln -J -I '- -"o oddJm AA W - JJ'dJm - -' -'iW -I A�AWW'-' � -'.NA W:Im W lia , I 1 j j 1 ! 1 r I n N m'mmmmrAmmrommmm <PmmmmWmmmo) rommmmmmromcommmmmmmmmmmromwmmrommmmm'1 — � I I z 1 I I > I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I m 2 — — _ — _ - - - _ - - -. _ — _ _ - - - - - - - - — -- _ _ ., _ _ _ _ 1 n .. ... _ _ _ - _ .. .. _ _ _ _ .� ... _ .� _ .. .. — - o 0o0 a00.0 o0000000000 000 0010 Io .o � .00 .o .om .A � � mm �om .om +omwm w .owm IO' 1 `o 0 NN O .0 �+' V• .01A .0 W J JJJPP PP wo mom mom AA AAAA AA AA A I 'n GO .! W A a as W W rU A A W W .� wmm J �1P P P PIA N lf1PJN - - - � 000O mfA PPUI V1 UIJJPAA A A W W W I NP AJA W NJ AIO voN W - LO - 6? - - o IoP Vl A JN - (9 W AJPANPNW NNOJ' A +Om PNomJ,VI - O GDa + x am x.S -i 3 (-I4 T mow " -I --134 A .N3 O " AO , A MO " r M 03 � InF Ex" 03 r4 w4 r .TW> 00f. 011 M - S m0 S .. m > m > C1 > OM > C OOa » O > Z OSxm > ODDD -ImDm O > DO » 0.0 > 01 - OOiaOD I 1 Z'0I-I <IZ > OMa OZDD30SC > T'mA < aWEm -< maaAWA .� N Mzm -< D',Z Sv < 3 S1� 3 C�. m Z�< x A 1 .. 2D -• D < x'T '. G70 nmomMZmm -< .. mmZN oOZ .;Dm KCom - .wzz'l, > ;v,+ Zi,. . ZlnrzlImzA r O > Z ZrI-� >'mm -c < -< (J) (n - - M ;o DOM z -< ,T) Z r MIDmSDm SO'm D m l Z xM 0ol m S z > 0 -1 -11 x -1 m'iS x .T m -1 Zrx r> I..A -< O D lm r riI N mr (.1r;-< r'1 GJ n m D m 0 I-• > 3 0 G) m Z (I) o (. Z m31m TI 3 c.. -;1 a In n S 0 W m x C D'.3 O r. r D - n r 3'A Z -< 3 r m r co n £ O T O a m.3 z DID 0"-, . 'S 3 11 1 TO > S mS (Armo -con O _< > x 1Sr, n > m3r, Sm003 > S A zi11zl0 z a'.> nr 1 O r z .l-1 £ > 3 m S.O x Z C W 4 2 < > W O n S O r x C £ S m n. Z £ (P - w 3 x 3 In!. O o c Z < O M im N2 m >;3 n S U) Z I•. S Z.OFS > mZSOx ZMMT .. G) 3 -1ti > 330,D0 O '"'ZA T003mZ 1 W '> N (A O -< .M > F - 0 D m m A O W 2 70 0 0 Z O O M r T m m 0 2 S M •. > M " _q M z D'.•+ ;D �. T O MD m 2 . m '.w m 3 3 Z'-I £ n Z z G) £ 1 D O < C 0 z 0 r 3 S O -i -I A D r 0 -• 3'x m z�im z .T z D I O O Z > '7 o o2 OS O m -+ G+ x .+ G) F m2 F O D z m ZNS --IC mz Am m 0) n 70 N m o A I £ '.Z 1z (Pm1m o > W S mm Sm co mr Z 0 z > < m .. X < En - r- r D O -1. 1 z S Z ow COMO x --4 m r - ID < Z r 0 r r Z I IT - M Z o (A 0 m r (A m > m m r Z m I S -i S S fP m A S S N 00 N I -1 < X O O I m a m 0 z x I o i T i T i £ I m 1 0 I rU Pi - w :N rU N w �A NN A N - w N N N fU - - NrU N PN - •- a NPJ A - UIN W :::LJ A JIA W IO�w - fJ I P In A !n P N O J W W o A 0 -- -- N A O !n �! - A IA o N J o W (A A O N T - P P P O N A o Lp m A UI l o N cn o J N O —�a o to T rU Lri O o fA N IA - rU cA VI - A (31 W fA m 0 A N +0 W - - U'• O - fU P w P W W J J olO -��O —ro A fU 0 W N UI W - Al N o rU N N N N - o N - o o a o LO N N - A Ln - o —10 A to A —10 L4 .4 1 -i UI U - 11iw0 N W Z O £ N £ Jd NIn wA Ln o P J d N'IW NI N I z W (A w r O (A - 3 (O - £ (r) rU m I 0 1 (P W I w £ Om m A £ - -1 Za (A W - nN --� P > D 'S I o '> 'X T O 0 .. (P O n 3 N Ln m 0 LG O <o N r S co O - (P - m f0TNrD - r (0 - roG� - N1m Nr N - -` �• Lom £ - 1 m3 - - - 5 m > WrU rm - N Mlw N NI< T -III �OSvo `+ W A O1DGG mP ZDIAJC O < JNO 1Z m -- 2 •. PJ - mN x -1J - co m >'CA J.> D N!I - IJI .+ W SAGO m > Fmm (A P S2 - W (n fU SZ W PSI' xorA (n ru (P W 1 O . O1 m zN N `.ISd r r OII m z A Sm mco 1 - mSW1 T £ NSD z tPT 0L9 Zlz T' O 1 > vo TG) T (AJ r N -4 -0 Syr P T (A ^ > r S '+ +0 < Nr IU < 0 fP omr 1JN T . Trx 3 I 0 - r1r 1 > n r OA W > -1W < Z 0) 3 (j) M S > .. O rm'£ r 0 O m - x - S r 0 rm m Lo -1 < 1 fnz S -< (Arz I A IPZLo W mm1 (P m0 0 (o 0 0 > (I) £ m0 (Am < r 0 m M < m 0 n m < 2 C (A m r I Q) (P 0 IP S co m - n 1 IMF £ £ x N - T 0 1 N •• 1 0 r — m > 1 x m 0 > - £ O - 0 S 1 a -< +O �0 < - -( O W - O S I �+ W `. �- ( m o N P m 1 .w IA z W N P co I r m (A fP m N I O o - 1 W I r.0 .fU 61 1 D :1 D I xN x1 Wx > M 0 x x > 0 S T. x 0 x T x 3 x x T x F S m x x m 7:z0 x 0 0 x 0 -100 >'x AFT > A'Dx F S co to�!I m C m a m m Cm m m m C m m m C m m m m D O m m m m m Z m m C m m m m m m m m > m m C m m mm C m�C m m m O mI Z'3 Z0rZ W 0 > Z Z W >'Z SZ > Z0 ZT ;0Z OZ ZZ OZ Z0 Z > Z 'Z>>Z > n'> a W ZZZ'!0 W ZIW ZZZ -43>:1 m 3 m A:S i S 1 0 < 1 S m x A O O r 1 1 1 1 3 1 1 A O 'lS A O,A O m 111 C S £ > < ZID r > Z r Z Z r £ > £ a £ a £ Z S £ £ m £ r £ £ r r S r D r r 2 £ Z £1> z Z'.2 £ z r r I a- D C > ;r m D > r z m r Gf m D r D < 3 D r >a D .n a D -< D m D D m m D m m m D D'ir A> D r m 1 £ m £' £ £ r1- r- £ co £ Z: £ £ £',£ £ n '.£ D D £ £ D £ D m 0 r -0 £ > x £ r_ £ £ £ > £ £ D D £ a a,a a s £I 1 .. D £ 'DD D Z > rD D D D 3 -< £ -< m < £ < 1 < � 1 Q+ D < D I � X N V 'D > D D D > I > (A I 1 w m 1 co W O m i 0 +0 0 0 W 0 O N N m w 0 w + 0 J' 0 0 0 J' b 0 0 0 .0 0 .0 O w N 0 w+, w Go I N rA (ID I +A N IA I CD m W mGO mfAro (Am mmm P) NUIm GO m (A +D <0m W m �A mmmmm (01Am40roMmrAmmrAm mm.W m Go OD /Ammm Wjl o oA oo o'o -• 000 - omP o000000o0 oNOGW0 - 0o -- O -- A + + OG Ooo oO',00000 -. 1 A A 0 0 W O.O Pi W W O O N A a 0 W W A W O W W UI N w W N W O A W A m W o A w fV 0 W UI W O O o W N - GO 1 ro NP m - N W UIN -• NmP P N W NODA -- W - � Uf o - - - - Pf+iN Pm- mA m LONNU7 - W + In U7NN ro N OONCo1 I b 3 - fU - N - N -INNN - - - - - - - - -.N NN - N N i O o IA o N o N o;. . . . o . . . . . Vl o . o . . o o o . . . N U1 N Ui o to m . N o G G . 0 0 0 0 0 0 oI. . . o N . I C i O O O O O O O O O O O O G O O O O O O G O O O O O O O O O O O G O G O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 II i i I n I M m'A m G ; m m O m m m m G m m G m W ow 00 m m A m',A m W m W CO m m W W (a to CO W m W 00IW G m U W 0011 1 A0 +A'0 0 0' 00 .oN W d '0 W +0 W +0 ' ' w ' 0 0 0 W d W .0 � 10�0O0b ) D I) .0 +0 I m O O O OHO O OH0 Q O 0 O O O ID O O O O G O 0 0 0 0 a 0 0 0 O O G 0 G O 0 O O O O 0 0 O O 0 0 O NO O O,O O O 11 ' VI IA N Uf ((I V1 to UI N N P PPP VI VI VI cn VI LAN V1 VI lri A A A LA A A A a a as a A A J J A A L A A P.T P A',A A A A A A.I O JP m P 111 N c0U1 �! o A A A A .0 a s W N N - N J 0 P P - J P N 0(9 N A 4 A A 0 0 UI mo W W N -- m:''W d IO j.O w .0 +0 m J I -1 *' �1 m i 1 1 I 1 I1 G '1 1 I i �1 r I r I n V 0 Co0 rA0 W 00.'.r0WCO0OD0 W 0 CO CO W 01W 0010 0 W 00 W 0fA000 W 0fA0fD'000000i0) 0 W W W 0OD0 CO I -i,I .I I 0 I JI j,I I I aI vn v1 !V1 I UI ,I ,I V' ,D ,0 ,O J' ,D .0 ,D V' d b ,9 v"0 b OIb V' ,O �n ,0 ♦0 w 0 1 -1 11 I 1 1 1 1 , 1 - 1 - 1 I I I I I I I 1 1 1 1 1 I I I l l l l l l l l l l l 1 1 1 1 ! 1 11 1 1 ! I I I 1 1 I I m z w ww W ww w'n) N N.N N N NPiNN NNIN fUN NN ro IN - - + - - � - - - - - + -�w - l - I Z N NN NN N NiP PP'P P (n'b W W W w W W W IJW - oO ,D J -J -J'PP0m m A W w w WIW w WIW W wIN N ru N N NI I O -11 O J J J P P In L rJ - -- o O In P J J P P P IA In Ln I.n .D -.o ,0 A,A A W J J J P Ul UlIIO W -4-4 P P P P Ul (nun ,D'v� ,O v'l W 0 W I 1 CJ ro O"JI A --4W -4 N Al. P -4 W - T S A O r l 1 J d u' J d P I'.n .A N J' Ln + N (9 W I ro J P,A - ,D C) J CO:P .D W CO J Crl l ' n .. 1 71r3 -Iln (n ".00 -1'0M £ r/+ 3 AZ Z: C:(. 3 £ So :r ;o c. -n Lo rAr �, Z - -1a . " ;a4p r, Cnla -ntm � 4 A r I.+ 0 :1 311 > o - . m > A + M X X > 0 Sao 0 D 00 > . m0 V!-Io i- D Da am'o o7lmm - a jao ai + o x � + II 1 Z C n D m E Z.> m 3'Z CI r m 7) m r rim Z A m M nl-< 0 >Im z 07 3 -1 3'a A ai(n W m!E Z m:n Z Z.A W alCn m >'ri m F,I > D xr'< F In Z rrjr -< r m ;a S;z m zl,A " r-, m > .. 3D mm <jm z ;V'x - ..Imm m.> r ES < m11 0 ➢ D m c., <i0 S r b '+ m N > > .. O ]) < a,o N F;,r a -i' O In A r < V � O-< m r'a n 0i> A f), Z m m I z F: m 00 I (n > 0M > zm - :1X >,> .-4 mrx ;- al£ Z - -C x -� zl -i -.Imm '.zti sa rz II m mMr (n � r- I o3' !moat3c) 0 0rIa Z;z > <I- > > > z Jaxz'r o'a x 33r ;oI1 3 < •," 'nr'. Imio ", Ican > I >1 r,rr < 3 a n .. mro ! vnamErA -1'or mb -! ! (. a',z < �' m3�amolrn x'mmm IM Q >;(nmx:Arc),;o mall o M ZmOmx < T"71 (nrmr (v ' � . '•DD 'Zmzlon znrn!o m >I rala >.� m >;I oao < zrizc) boA >'m m 0M6oM c >!m -4xj� n jz > orm >Izrnlrinllizrzj-Im -<1:1oto' ZII m > M (n3 zlwD0 C > -1 -1zm 6) C'0 Ar�r A.O > OlxF A0rn < z 0 " x1> > xlm r rl. zDim 0x-0x I m Fz 00 m'ozZzroomv r -i',Zom'nmz;c ro - > m00WmZ mo'm IM m_!Mz .-. tea �1 0 O Z C (n,Z m > 7) r ,C z m m r',N o > o .. Er!" m Z x Z 0 A rA z,o o z o r r 4 N Z Z x I C E _ 3 � < .D A mia z 0 x 0 - ` ➢ c, 0 z I z M 70'r .. :� 7D r -i O I m n m x o �s w�1 t m 0 A i > -4 > N n A D O N z 'm I c I o r > < m o f m m In .. ':0 i < Ir oI z Z : (o r � n I o N F I i t T z c Z S n m n) fo ro - ro +iw N rJ •D -• -.ro w ro! W jiA - - co J 10 W - -. +lap .D WIN CO0 II'U N -IUl - 03 o A w •� W In - N' I P In W - f0 W o O J O J W J o J 0 .!n (n v' W lJ jN W P'+ A N ,n N P - O OpD W A O -'IA W P ,D O 0','••• Ul G A •+'1 0 p - 0 o W;P -W - rV o a - - -:p A �, rJ (n AW W A G w In o N - o a 'A - o P o N Ul m In L4 - ro J \i.6 G - co .D N N N N W lrl ,n W W OI- P OiN N NIP U - P A O14 O 0 0 VI 011 n - N N A o A oI l -/ In rJ U, W JdJ O 0 O o'In N m In; In UI d0 o N! W r ! X m n),, M W Z �O O'Z -4 V",P UiA CO AI I W - O W' co �(n V Nm D IO - L � £ � Cn' E O.A � N - 0 £ �Z N M (n I O �' Cn Z 0 VI N >'. > W -1 '< (7 m P 0 m (n j 0 xir 0 z -1 Am rA > rA -( F WI•- - U) m -7 (A m - - -( Nj - No T -1 ao W 2D (o I'LlQ N > v A > A m .+ mor m (n'xm .. 3 m N'!1.) -'N .'i7S --I A CID - A:P a -i ➢ A1I S p DJ G• N n A N ,O n) .11 N D t ,0 Ib to m Z r IT a < O, O 3D - (0 Z UIIO w m < ro co ti co ,D (n o - OD 1 1 ,D In > D •+ w .•. A > < N .•, E - Z > 30Z T � -•i < ,D r .+ D 0 -4 N C -1Z S i � D ,D A z <',T 3 D O vn < m -I, 3 n > m < 0 W'm O S N Nor m <1- N r,, N (n' E 01 1 0 r J r < ml- o < m D O < J O c M IM z M m T. rl U) E m it > O � d o O 0 - M r .. x m - A O O O - -i D 'In •A(n 0 rA Z (o Z Cn Z £ 0 O (o r ,O Z 10 O N m O m,Y. m m m 2 m N £ fn' m ( z (n £ E m O A £I .11 Cn '£ 0 W -0 (n < ro r £ - < Z < IrA m : 1 1 z -<- A - M m N N' 'ten y7 W n) i0 N, -� I! > Ui rA qF N rJ A N- o :I 3 N o o w l Ul In E w I I m D '> m m l r r I , I x n x. woo m > M X M O M A > 'D F F F D F O M F > o o x x iF A FI'< F -1 CO M 01 I m a c m m m m m m m m m m m m > m -'m c m m c c m m m m m m c o m m m c m m o m c m m m m m m ml> m > m m CII Z V m Z Z W > O > Z D > Z Z O o Z IZ ;v > > A m.7D z z > o z m M Z z Z WIZ > Z Z 0 > > Z Z'Z 2 z'T. Z n > Z 3 I r - ...� - z cn -i -1 :r I c -1 -1 < - cj-1 -1 > -1 c -f -1 -1 -Zq Z Z Z ;r Z n > zZ.I m A C -I A -< y •y 7i 3 m m -1 -1 > M m O h o o Z r A' -1 r- z -i -1 '- 0 i O m'I E z C £ •+ r > r E r r £ C > >. E C C Z r r m z.N E Z r Z Z..Z > E C E Z E r 0 Z r'r E E1E C EI> E D r Z .'9 1 D < > D -lmr mDmmDDr > - > mm < > mo Z > D > I> m :E m'm a >la > al a m !1 > £ rnCEE £ E D 0, E E'.. C CEO £ E> £ r C ECjI n rqr > > £ E W > (o > c E > a >1 £ >:- a E ;a > E > >' I .. E > > D > > D Cl > > n r > D O > > E > , y ! o DD le W m w N G 0 I W l W co C.rA J' J .0 �0 m a0 w) .J .O J' ,O +A vn .0 vA Yi ,O a0 O N ,D .D N .0 N J' ,G J' W ,01,0 ,0 ,D .D .D• ,A J' •,O .D ,D N ,D ,D.0 •D .n fA W 01110 C0 OD CD ro W co W W 00 fA 00 CO 0 COCO CID OD CO CD CID W 00 rA 0�0 Co Co 00 W m W 000000 W Wil N o A O O'O + w O + 0 0 0 0 0 O O A + O W jl A W G A w 0 P w A W. ro A w N P W W W A W - O A w (n A A In o N W o W O (.1 O A. O A' W W A W W,O W 4. -4 MI .N <0 N N 0 0 W N In N N N W P' rD W M 0 N J W 0 N O 0 N m N O N -4 N P' rU N'N rD -'lU N A co co GI I I II > W - N - NNID fJ NNfU -• ry - fU G tl o o (n o In p (n In N In o In n IA 0 Il O I (N nUni 0- NO - Nl IWn O- N o- 0- Nn 0+ Nn Nl 0N Nrtl-- N W•UtlG-• Ni;N IN p -'.W NNIDNniNNN�I O 0;V1 to VIIUi 111 UI U1 In N I C 000000 Op OOOtlO0000000000000000000 p0000000000'000�00 OI00 GO 00�1 •y 0 0 0 0 0 0 OO O O O O O O G O O o 0.O O G O 0 0 0 0 0 0 0 O'O 0 0 0 0 Oi0 0 0 0 0 0 O O O O O O i0 0 0 0 0 0'• 0 fA 0 fA W C0 O fA 0 W 0 [D 0000000,0 W 0 0 0 <0 W 0 0 0 W 0 CO W CO CO rA 00 0 0 to'Co 0 0'0 m ,o m..o " ,o m a m.m .� ,o m ,o m'.o ,o 0.,o 0 .o m w m m w .D m m .o!m m w ,o ,o .o' m ,I P P P P P P P P P P P P P P J J P P P P m'0 P J P P P P P P P P R. P P Ul In I IA Ul M Ul Ln (n Ln UI In Ul VI Ul Ui (n (n In N N t o -` - -- -, - - rJ Pi - + - Di rJ o o N N Nary - - - o o O - - - 00 o O w WIN l) rJro) ni r* ro ry Nr0 N N - - -- - -jl > In In (n Ill Awo - O ,DPP cpN - ln UI0IA 00Jw W 00 J.N - - J � In - O olr,) o m NA A A W W NN rU:W OD ONJJ' -1 V l m m Io AN I li A I I A i i n n � ' • ; '� r i I I 1 Y in o 1co iro W!IA N WIW W WiW W 00.W CI W ♦b co ib W o w olo o m W CD W lb W JD OD W W:W iD W io W rp m W W W W W W W W.W W W 1 1 did d 01 d d d dVI' i d;d d d d d d •.9 d d,d d d d d y d d d d j d y l d l d d d d d d i = `� 1 m -I !.+ - - -. - -•.r - - .� - -,i- - -. � - - - - - -,- - - - - - -r - -i- - - - - - -I- 1 Z _ _ -I- - I vlln A Ain A a n a as a Ala n ala a AI�a A a A a Aia A as a AA a re n a aIa n a',A A a'A a Ala w w w w w w w w t o 0 -10 d did d d W W ^ _j _,I_, P P P PIP P In In I I N A alA W W w w w w W WIW Nin In _4 oiO O O O G OIO d d d d 4,Lj co v P N I rDM A A IJ W N N W djd W ^I�,^1 A WI W W WIfO 0) P:.P P N A N lniU1 - PIP P o d 111 NIP d oll A NIA rv, Co In lIl w •4 co CgIA d N',P A -1 W O A;.W A •J.A - dI W f0 a W P d•.A O W J P U7 a - W W ;!m x IAI3 D 47Di= r f~TI�D -1 OT xO O Dx C 010 m O A 2 N1�,D x OIO Z ZI0 0 0 D D .-'ice D O�w " 0;'-• r O m D r:D -' CAD b m o m z; � ,� 3 m m.G > Cl Z -�.£ N S_ m G W.ff O -i•-I D M I '^ r'.Z M -,to 0 2 c < r m Z m D 3 0!0 < MI- Z D < C7 0 r 2 D m Z Z��'-� r m n O ZIG O r O M T Z M :D D ZIS Z Z'O m MIS m ;o r > x Z = x;Z D'D D riy Z A Z a M > I MIL x 0 "0 n D D'D r -f � � 'M '•-' M L > -r1 r •-' IA L -il.-' m M D m o. M M'a 3 mix -1 O Ain -:2 r i N WIZ 3 3j m r D1r I" yin W Io n3 M. 1 j,0 Z mim < r'Im -1 Z�� D Der � miv (. 'C x :2L 1 -1 L..a n r'•*1 O ••' T x 31 3 M 3 m M;'-' 0 I _ �.. O Z M y'I O m S 'Z O 1 O O�Z T� >I1 Z OIO m x C 3 -1,< ..nim MI 3 > :9 n m S -� CnIA m nix M XIO .S 0;0 Ca 3 3 D •+ b O 6) x Z•. m M 1 b m •+ r C [7 SIB A C?'< m Z:•.D D mli-� O m m x > a n � E c r 4l -)'b m x13 --1 b 3 D O Z r1r 3 xr0 S O'. m n1 1 m M',T -az.rmm -c � •-'!r f) GI,> C vxXx123Z.MDZ T :C �I x ¢'.N x � Xr1(IT mzI� Aix ZDI:A x M O < x -1 (n•1 O M rlr = z •-' r m > -im > cNOM2L mm rrnc Or mZ:�SnO, Z i'� -'IZt4� Mx; NTi. = E r, z zMrnXXIl rzlom Lin 'm3ml >' + � x I z x r n m m _1 v' t r In x x z N ir'i m o < I.. 7, 11 =,G) = m m z o I m - rzx r xr. o r co mof zx' a) ; I c z ins i I o i i1 i II _ _ _ •Dj - Al N f0••- In —Iry N fJ. (0 -•I fU N W - P,I rA W wIa W 001iW W -• N •O WIN - N fJ - In -I- 1 W - N W W W 01I O A W d 0 O -i - ib n ••• W'.o P W W .01- P o CO N U.N o W,O M W d W In W O o'O W a fy',d P P10 A 41!UI co l9 - In of I n N.O - N 'O In W W A W'N P GIJ n W, P WI-4 ro d W -J O'a W c,tI O fV A r0 w;I N P O.W - J O lW J A'.OD o Ni N fJ, a -J O Cn W 0 j W W A Witn rJ W G £ 0 T O NIN P II f.IP W C� N m - I !W flies: a N Z > I(n Cn N 1 W W Z m D N m W W1 0? CniL in N in m:r 1y N C O P X 31(A x 'in m '3 3 L M -] 1 O £ N -.0 xI 1 ''m it rA I7) > w' f' ->C CI1-� r1 O VI m in C m D N mi in - S I 1 D M - X O W'x :3 U' r ''D N roiim N V1 3 4l ri - A.A N 70 N M v M'W m •O (n di T. W r -� m'ILn w m A J D D'1 - 'A fJ > -1 in 111I0 W W '•+ M [O c �1 a 0 0 r •� O x m,A P A W A Cn O A x v M,O W m' m f`.Cn N >'m (n m:0 A P r m 1 d Mo Inn A 1 Ifn In ..'Ox 'Gl o m N''nm xm <'.•-r 3 � d iZ A x W r >.- L <t Mxl W >'M '-' T -O N IA ri'+ m CI '9 >:= x' In I 1 O <. G "•' > r - (n'A r m D z m; r 'O O If, v In Z P -� r <iCn .•' m.r IN N > xzr r m'LDwm < '•� + z zL I .-i � _ x z z -11 w x - < o L c z :r m ,A - I m v a1 in D a r W' v to Im —I N — fro v m' m' �I (> xl A GII W :r o o to (A lip ,b in I N m I o Ni a NII P,I o zI, mm < m m z I T N 1 ; 1 I jI II 'b Cn -re m m D /A -/ � IA x x'.> v fn'm x D to /A (1) > m (n;(n x m'Co D Co 3 Cri x•-n D D•.x x m!x y M'm D M'm M N Ol mm > DoImlxmcmaM -1MM'Cmm1zMCMITI(AMmmmolm0m > zm'Icc'mmo':mI >,ZIM!mzM,avm11 -DI.zOO -A-I -11fm1113mc Q •Z1r -ZiZ1.cW 113 c11 --ii'.rm 4Di --11Z1m1 _< 0 -Z•Imcc'.-1 -Zi0�-411.Ec -Zi.m3 -1 (milx1' -1 33 -i A MA A -i30'C _;x 3 -41n x -1 -i!D x -11-1 .+i-1 -i in C- I M x x Z' -1 ti: A- 'A n -1 x Z --1 1 1 rr*1 > > DOMrilMrzmYZn DDiZ0 MI D_ DZ m I M'v r m m > m'mD m < r £jr ZD (n';> TM'D E�r > M.3O TII r-'- r3DI L £ £ £> L L > D z £jZ L D'L > M D M LI D E L £I £ L. x, >'m m 'ID 1 D' D D D £ >i-M r DII I ••1 q N £ b. b b L T W D L D D D10 D D' Ii > r 1 °< M > -(I£ • D b D LI L > j' oiD o N'> N 31 ,I -1 > 'o DI > 'd -W W O I m d �j d •. N ' W', i i L j In '.W IW I —I j1 O rJ _ :1 u O d d •D d d d d d d d W %rp co W. co rA In w 0 co I m J III I or, CID W co W CO W W W W A W rP O'i rp U4 W OD W N rA OD � W � G W � A CO N O .O O O� O.O - •-••O O i0 O - O O -'1 - OAAW O:W 00 - Gd000 - -'000 - - O •- o W G d P O'- O 0TO U1 W n W 0 d W N W O - W o rli oI W d fV P J P 0 O O, fU1A o P W O YU rli P IA m N'I 1 d •- P W In NCO 1.1 N', W N W N I.n i W I N O N N W - 10 W N W o w N l I� I _ - ro N - -.r0 - rJ - fJ - rJ I - IU - N - - -'.f0 fU -IN -1r0 ID fO A] A N.N - 1, O;O G In O to O O O O'.If O GAO G In O I M O O In O O In O O O o G tni0 O O 'A M OI1n O Oi1l1 N N',N In In 1n G OI. N . . O . i Z O O O O O G . . . . 0 0 G O O C-. . . . O O O G ' OO OOG 00000'00 G�000.00000O OOOI000'OGO'00 GOG000 OO OOi000i000i0001000 1 l I 1 M d-.:dO O O'O dO dO'dO d0 d0•1.00 d0 dO'l''OA O OO O OO O O O O O'0 O OWO O m W W Vi rA W,W m OD;.W N W,W W 0I1 -a Wr W CONW,rp01 (a W 00I Coco II NW0 �G r 'o -a dd 'o dId d d'd d dd 'odd I T d ddd III d O O OOO O'O O GIO OO!OOO O O O O I O W to W W W W 00 rp 00 W W J d �r J -J J N.� v -1 ^1'd •J J J 'J �1 N J �1 J J I'W n v � � �;0 O O'O O 010 O o O rG O'. I b 0 0 - o 0 0 0,0 0 0 0 o Pi N Ili rJ:N fU I N N rU N N P) N fJ 1ir0 I -�.- ' v P o d co W Jl l Ol W W - d',W 0JD.-4 -4 PIo N N N (J N'W N NiN o diVl In 0'W W W�10 N N r0 NW �I �l P:P O. 1 In N N N A JAI I T D r i .. I n m OP:M (O Uuro tro CDtT, W ro M W rD tV m rD N ro W ro M rA to ro N.W W rP'Ol N W W iL W �b ro tb ro N W M ro UO ro Oo ro tV W tb W ro Lb:ro M rP'.. 1 + -1 III f z 11 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I : 1 m m Z - - - .... - -- - _. - - _. - _. - - - .... ... - - - - ... - - _. - _. _. - - - - - _. - _. _.._. - - I n d -lJ JJ �I JJ O+ PPPP PPPPPPP PPP PPPPPPPPP PInN 1n NN NNNNN 1nN Ln in 1nN kn Nn n'. I. o O .G PNN - - ooNOo!(oN N to NNN W W W W r0TO - - - o o o 000 o J J JJJ J N N NN .L A !a1 b .P Z L W'W W W I J itn o o d d O,O MO P N J W N N N J P P N TO - 00 J J P P P P In N J P P 0 0 M d 0 00 d d d d W 0 J J L:.t. W W I Pd W -'W oN - PNOd P - d WON JOPO d JPA TO o Jwdm NoNwN WJ - ow W drAtbNP TO i n I �+ E mm r 'D > xa -a cc a 020 L. c 'OA3ox oot ,n :f mxaa 4 " £ SZnN z Q1 o rxmwM r wwo -I93 1 > roam 2 2 mlo D r r D a O n m 0 r D a n D D o D a > 0 0 9 n o D D o o D N 2 D T o > o z S o o I -1 r cm r r m z x m r r i z Z n z z r r z = z z o < a a z m � = m e r n -I r o n a c m c Z n > n Z C M . z o n l 0 rmmrrm212Srr -1m > m-.Zr r2SZr -4r+ mZr- ;u MM - ZrS2r O m 3I- > ZSOSZC2z . > I O .. � rmrzma .-+ > > mr > rm -< > oD c aov � r � r- z > r, z -Ir is am rrnmzaz > M I z a am + mnaarnr ru < amzm o Imr zoDrz zm � z i Tr -1 an am I o ar ns2rr = s £ am a orc� a oz m r m sm nc = 2c < m -Iron -I r I o. £ m000Tt.. > x C Ecnan ti s mm Pcc 1 0 mo :� 3 '•. rvlcntn m I- n Nr ,NmC = rm -- r > - U) mz on -4 -4 mn Z > I o > c � lnnm mamxz3am mxxrm Trtnm m mm xTon + 2 1 m3 m za £ < Ncr > mo > > > o + ozacnoanramA -< - Z - SmOCZrC �+ rTOa -imo mzz za i m a n £ raa'oD > aor � Ev mzzz m + < m w > oZ > +-+ nm .. osrcnns . � � x sm > Z N ;G . m r 7 > -1 --1 77INmm0 00 � azm r m v, aoz > as morzoz2mwomor" r as I 0 r r, ;ox -+ zmm IN m ac > o on zoz m0 > o s zoa morzz OANO -iG, rr o I £ £ m rA2 - wCmmcC a Z OF O -i 0 MO > Z v r ZZ WZm0) Z o2 o mr O --i 1 Z :v < v, tnmmmrx > o o z < < m co M > Z o r > m o ' m > = T z s > 0 2 z o c a o m a z r a m SO + '.ax = me a z m -I .• c _ -( c z cz 1 � IS z to x m rn > to n I m t r o I - Z 0 I m r m r I 1 E I m I o w )D P N - W N P7 n5 - w N N P - - N N A - TO TO - n; - ma - W.WNW - dO JfliWAOJW JJ Ptn�NWNO - NJ - WPNANJ WOJOOJW - NP NOAd .A O - GlnrroNro'Nw1nJPJOPwJro - a - roW'd - - p - Pbo oPOJNPPONPoamP nwm - tt n - O Rork, P) O G W o 0 0 W - J - N n1 0 - - N A I -1 £ - ro Z O G O J d 0 G - W O O N a Z G .D O W N W O - G• d i x in m(0 ili T. d ComfnN r (n z ! I W r - c 0 A m - rn W m - CO £ A W - O L J £ O m d 0 £ Z Z J > O 4? -! ZP D oC o Jm roC o (n W r- W N - Z < = -2 0 O ND I ` T Ib W m zx iA W > .- A 9/ x P m m r •-1 W > T. - G S r'- Z -00 > (n < m < A o I (o W OJ m 3 m .t+ in < In N � > N Ia) < = > I-I- < rn D P (q r J ;0 <.Z r-m Z d.N N' C z w I - < .A. 0 TO . rnr -im < J m < S W fUm 1` m = I"'+ O (nD A <':Z Em 'n :OD I TNZ m l d T +n N D'> m m r m et ro m ;130 a m C O < (n'> -i T Q 0 ,2 m < n� UC Z (n Gana r T E Z - O 'O toP in ie a 9m £I< 2 100 +-+ O DI m -iI xaa - I o - -1a m m z m - m '-o J r -i' D -1- < < �im c �o z :r 0 <' ; - J I o -i £ z r - +n < - m m £ c �n'.z :r o m', m > - I . £ o aco m W £ P m oa om Eml < roj1 m - m ,pP ro M w !m I m - c > o 9 m (n o R) ro 4w _ m IN z P ocz Ln 0 .m i1 ro'-- o W � 'I w i I > o n o I 3 I �1 I 1 1 i a (ox > m - z:r, xlnaz - _nmmzatoM > v+ nx < z (nzxr. mn (nzsm (n'zvm'xtn > nwaiam � xxr. n �ca,l CTm Cm > mlmmmcm > .» < mmcmmcmzm > mmmmm < mcmm < rnmom!mmcsmc'c < mmmmmmc,,1 m > ZmrnZZZDmznmmazm >.zm > -czzz > zzzmaszzm >�zzr'z > mm > m�wmz.zzz > zmM -ill ;a --I C --1 M -i n:-1 -1 •� ^i � M � Z o o m -i:-I r r., m o:-1 z r- z < > ` r z 3 m -i z r z r, > O m r ;o z z m r r m. -i v > i Z!Z -i O' r- 2', 1 Z. r E Z < D L > r.Z D E -1 r E Z r�L Z r > > c'E r L £ £ -i r Z Z � r > D <:£ r Z r r 2'.2 -1 Z L E r E Z;I T D C D-D m > -i m D m a m r D < D m D > > -1 m -i TD Z CI9 m «I m °♦ •a >'.m D I £ £ m £ £ £ £ £ L E m. E E L > E > > > E > > > £ £ > £ > E r m £ £ D D > a L > > > > > 9 £ D D D a' O £ a L D > 13, 1 > £' a j� > V N 05 d .0 o r ro 1 >> Oi G d d o I J G rV W OJ W I m w o - I '. ro � d d d w d d d 0 d fV d d d d d d d d d d P d w o J' 0 d d d d d d d did d 00) d d d d GO Im d co co d d d dl I W tb rA L ro 0 W (O W ro tL M W W ro 0i rD W ro O W N ro W ro OO W (o rA OD W OD co .I 9D'0] ro 0o ro 0! W.W W 07'.W 0, co 0) co!l O - o o O a o o - d N o 0 0 0 0 - G o P o 0 o N - W O O N -lo N O'lO - O N - o O N O O J w G O O W W J rO IV N O fV W O - W O TO - w 0 :W W O N In d N O N N W:W O o W - O W - O.O A CID - W: O I TO IbNNJtVN - CID Nad +nNNl0 - PiP ? - N --- NNI. POPN .L PiN d .L NPNN N P N .L W' —tin NNII i I I II I 13 N - - - - TO TO N - N N TO - TO - TO rV N r0 - f0 N rV N N ID N - - - - TO N - -,M N N N N -I•To r0 N'N -- -�rO ro PI N - , O Ino 0 0 o N In.N o+nN N o N o O N N N In O In N 1n N IA N N G 0 0 0 0 In N o oIN N N.N N oils N NiN O o.In 1n N'o N O I C I Z 0O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O,o 0 00 0 00 0 0'0 0 00 0 oio 0 0 l 1 1 rA 00 Di ro OI rA N a rA tTi OD rA 05 0] rA W ro ro ro 000 0 W W W OD'.0 0 0 rA W rA 0 W 0!:W co rA W co 0) rA O ro ico com w W N CO 0 CID -1 ddd .Adv9d o[w d +O.J' d d.d d d W .O:d 10 '0 dd d I m -^ - 00 - - - - OGOOO OO'OG - - - -�000-000000 OO O,O O O O O O•o O a10 O O'O O O 0O O�1 GOO - Od U' oOOOd da d d d dd dO o f0 o d d 0. dd'd0dWWW'ro co m ro W cc ODIW 0) Ol N CO (O W CO CO ro.10 oTo N - - - - - -- - - - o 0o co o - N N O0 000 0 OO W W W TO TO TO TO TO TO TO N -I- - - - - - -ii W 0J Jd P - - d NNN - NNNN d mJ P JN do Pto w N Ntn N N To - oOd .Poil Nw W r0 TO wim co JPPNN - I m a I � I I N I I P II G 1 1 I , i I M 01 CO CO mIm Co M 00 m m m m m,m OD OD W m�I -1 W bU' bbb �.1' bb bb b '00 bC0 I I I I -1 A I I 1 1 I I I I 1 1 1 1 I I Cl I I I I m z m - -..I_ _ n N N NIN N NIN N NIN N NIN NNN - - Z GI j N N N N N N�N N N m N NIN N NIN A A;i O T ! A A W W W WIW rJ 0) - 0 0) -! -4 -4 -4 m mil A b m T N - -J 00 -1 0 0 W y m -- 1 + OO .. D01m Ol> M >10001am0j D co SD Z -I -[ Z S < « ..'S m WI COW I mZZwmr�+-.aOZ3 -- zmorom 1 0 0 m -[ .. mz c ozO z z � I z 2m f! 2 [n 2 m -13 nD_ -i 1 in 3 m f1) �c D m a x 1r+1 4 0 2 m Z -4IC 1 -1 f < z = 4 0 2 < x m < O D D A I O 0m -c1n . mm -41-1mm0 mil- = 0 < za -. O £In1-1z;azxza I- zv11 m ! m m '.z < mcxz lyO > 20171 m . m Zl£ D O :L 4 z 1 O rS IN ;0 NS7 26) Oar I C C m m Ip mlm m D S A I z A '< D Z'.z D m Z 2 m 1 m i it y W-4 ml1 A j Z 1 -1 0 m z i I O m I I I 11 m j I i 0 W N b N N N l-- f0 1U -- R1 N N IfU rJ - -- -� I - 1 ( I jA 0. c •0 1/1 0+ W b m N P P j f0 j A N b 1 O ! I N W O+I-4 M W mm --In - m I IW 'a W b _ -- -4 b W N W;ld r0 oIq N N 1 -1 J lnO IW W _I 0 1 j Z L ID L 1 w I I • jI m m 01 (n I m v�A I V1 -i ml 3 of 4 C 1 O 010 -1 W S -i W a D'C D N I ! 1 -I o 0 C9 O W 0 u A CIA 2 0 j N Oj N > -0 O 0viIn cn < < rz i z rm •. OI O 1 m v1 r m M IZ I (n ! rn m = a I N z mfu D O 1<n Ia i T i m r z r !NAo 1 j < IA WII LO 1 j DmAIDxxIInD �I�N x xlm O m :D x x�i I IC m D!C m m,m C mlm m m.m < mC m mi 1 T O -!W Z Z ID m O D Z Z'O m D�w Z Z li I �C m Zim zaz £ Llrza,rc I m a -ro'zLL � rm�� Dalm- r'ma £ r1Z. aa11 'DLCID L C D £ �£ !I .n.. " D Di 'D £ D £ ID L 3,D 1 -I co I N D D10 Lai OD -f i o1D b I D m N .a 'O I m b 1� I QD o 11 m rJ rJ I �b bbibb 01CO co0W �D Ib OAI .D bi1 oo m mfm w mlm a ic) m 0011 00 -1 W W O• o W to NI W i WI N W T'N -� Nm W N IW N NI. !I I � i Ln 1 =I to- r) N N N N N N N IN N N,N N 1 0 00 Ul olUl UI NIUI 111 Ul o Vf wino m1w o IA ; Z c000l000j000000000;oo0 1 z ! � 0000l000l000000000000 1 1 I M !CC m OD�m co m;0o 07 mini r0 calm oo m:oo m 00 i -/- jom_imWWImb .o,,* I m IN IU NIN fU NirJ N N'1N f0 r)in) fu N.N I-- O bib b calm A AIW +1 UI;A A A A N N II m I I I I I II N 1 0 , i r 1` Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: GENERAL PENALTY ORDINANCE 2. SIINMARY STATEMENT: Adoption of Ordinance � ' amending City's general penalties provision consistent with authority provided by state law. 3 . EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety. City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember �_ 1` moves, Councilmember ! seconds DISCUSSION• ACTION: Council Agenda Item No. 3DJ i i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, referring to penalties for !� violations, increasing penalties for f violations and amending Section 1. 10. 020 of the Kent City Code. i THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES j HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code Section 1. 10. 020 is amended 11 as follows: j 1. 10. 020. PENALTY PROVISION—EXCEPTION. I A. Unless otherwise specifically provided for in the Kent City Code, any violation of any of the provisions of the Kent City Code by any person, firm or corporation, their agents or servants, shall constitute a misdemeanor punishable by a fine of a sum not exceeding five ( (ham) ) thousand dollars or by imprisonment not exceeding ( (sue) ) twelve months or by both such fine and imprisonment. Each separate day or portion thereof 1 during which any violation of any adopted code shall constitute a i separate violation thereof and upon conviction thereof, shall be punished as herein provided. l B. The appropriate penalty provision herein as stated is not intended to effect the validity of other remedies, and/or imprisonment. All other remedies including, but not limited to abatement, removal and replacement shall continue to be effective as stated in the adopted code or statute. � I i Section 2. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. � I ' I i j DAN KELLEHER, MAYOR ATTEST: i I i ,i BRENDA JACOBER, DEPUTY CITY CLERK it !IAPPROVED AS TO FORM: FRO A. I;UBOVICH,-,CITY ATTORNEY i j PASSED the day of , 1991 APPROVED the day of , 1991 PUBLISHED the day of , 1991 i i I I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. I I (SEAT,) BRENDA JACOBER, DEPUTY CITY CLERK KCCVIOIA.ORD i i 2 Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: MULTI-FAMILY DESIGN REVIEW - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance relating to multi-family design review, approved by Council at its September 17, 1991 Council meeting. The purpose behind multi- family design review is to mitigate the visual impacts and improve the overall quality of residential development in the City. Certain design criteria have been tailored with this purpose in mind, and are adopted in this ordinance to be used by the Planning Department in the review and approval of multi- family development in certain zoning districts of the City. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__A__ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E d i j Ii I I� I I I ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, amending the Kent Zoning Code, (Ordinances 1827 and 2404) . Chapter 15 of the Kent City Code, to provide for multi-family design review in certain zoning districts, adding new Sections �I 15. 02.259, 15. 02. 271 and 15. 09. 047 ; amending Sections 15. 04. 040, 15. 04 . 050 and 15. 04. 060. 'I WHEREAS, the Planning Commission, at the request of the City Council, reviewed the contents of a petition submitted by a community group (Responsible Urban Growth Group (RUGG) ) in workshop sessions between the months of October 1990 and July 1991 in relation to recent City actions to mitigate the impacts of imultifamily development; and WHEREAS, the Planning Commission found that current ;! development. regulations do not ensure that new multi-family buildings will be visually compatible with and become a viable part of the surrounding neighborhood; and WHEREAS, the Planning Commission found that other Puget Sound communities that have opted to implement design review in ; permitting multi-family development have recognized success with their programs and feel that the design review approach has resulted in improved design of multi-family developments; and I li WHEREAS, the Planning Commission determined that the best j alternative for further mitigating the visual impacts of multi- j ( family development on the community as well as improving the I i i I overall quality of residential development in the City was to i i implement a design review program; and WHEREAS, the Planning Commission directed the Planning Department to develop a proposed multi-family design review program and design review criteria for their consideration; and WHEREAS, on July 22 , 1991, the Planning Commission held a public hearing on the proposed design review program and design review criteria and at said hearing voted to recommend to the City Council that the proposed design review program and design review criteria be implemented; and WHEREAS, on September 17 , 1991, the City Council held a public hearing on the proposed design review program and desig, review criteria and voted to implement the design review program and design review criteria for multi-family development in the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 15 of the Kent City Code (K.C. C. ) (Ordinances 1827 and 2404) is amended to add a new section 15. 02 . 259, to read as follows: 15. 02 .259 MIXED USE BUILDING/STRUCTURE A building that contains two or more separate and distinct uses permitted in the zoning district where such building is located. i ii Section 2 . Title 15 of the Kent City Code is amended to 2 i I I i I III ! add a new section, 15.02.271, to read as follows: 15. 02.271 MULTI-FAMILY DESIGN REVIEW i An administrative process for the purpose of re- viewing multifamily development applications for compliance with specific site design, landscape II design and building design criteria. j Section 3 . Subsection E of R.C.C. 15. 04 . 040 is amended to read as follows: I 15.04.040 GARDEN DENSITY KULTI-FAMILY RESIDENTIAL - MR-G i I Purpose: It is the purpose of this district to provide locations for garden apartment densities suitable for suburban living. � I E. Development Standards ! 1. Single-family dwelling and duplexes. The development standards of Section 15. 04 . 020 and 15. 04 . 030 ; shall apply. 2. Multi-family dwelling units: a. Minimum lot. 8 , 500 square feet for ; the first two (2) dwelling units; 2 , 500 square feet for each ; additional. dwelling unit. b. Minimum lot width. 80 feet. C. Density. 16 dwelling units per acre. d. Maximum site coverage. 45 percent. e. Minimum yard requirements. i. Front yard. 20 feet ii. Side yard. Each side yard shall be a minimum of ten (10) percent of the lot width; however, regardless of lot width, the yard width need not be more than thirty (30) feet. iii. Rear yard. 20 feet. iv. Side yard on flanking street of corner lot. 15 feet. f. Distances between buildings. i. An inner court providing access to double-row building shall be a minimum of twenty (20) feet. 3 ! I I ' I � ii. The distance between principal buildings shall be at least one-half (1/2) the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space. g. Landscaping. The landscaping requirements of Chapter 15. 07 shall apply. h. Height limitations. Three (3) stories, not exceeding 40 feet. i. Additional standards. See Chapter 15. 08, General and Supplementary Provisions, for requirements j concerning accessory buildings and additional standards. j . Multi-family Transition Areas. The requirements of Section 15. 08 . 215 shall apply in any Multi-family Transition Area, which includes any portion of a multi-family district within 100 feet of a Single-family District or within 1.00 feet of a public street right-of-way. k. Multi-family Design Review. The requirements of Section 15 09 047 shall apply to any multi-family dwelling of three (3) or more units. Section 4 . Subsection E of K. C. C. 15. 04 . 050 is amended Ito read as follows: 15.04.050 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL - MR-M I Purpose: It is the purpose of this district to provide for locations for medium density residential districts j suitable for urban-suburban living. E. Development Standards 1. Single-family dwellings and duplexes. The development standards of Section 15. 04. 020 and 15. 04 . 030 shall apply. 2 . Multi-family dwelling units. a. Minimum lot. 8 , 500 square feet for the first two dwelling units; 1 , 600 square feet for each additional dwelling unit. b. Minimum lot width. 80 feet. C. Density. 23 dwelling units per acre. 4 I i I . ill II d. Maximum site coverage. 45 percent. l e. Minimum yard requirements. i. Front yard. 20 feet. ii. Side yard. Each side yard shall be a minimum of ten (10) percent of the lot width; however, regardless of lot width, the yard width need not be more than , thirty (30) feet. iii. Rear yard. 20 feet. iv. Side yard on flanking street of corner lot. 15 feet. f. Distances between buildings. i. An inner court providing access ;Ito double-row buildings shall be a minimum of twenty (20) feet. ii. The distance between principal buildings shall be at least one-half (1/2) of the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This requirement l ! shall also apply to portions of the same building separated from ' each other by a court or other open space. g- Landscaping. The landscapincj requirements of Chapter 15. 07 shall apply. h. Height limitation. Three (3) stories, not exceeding forty (40) feet. i. Additional standards. See Chapter 15 . 08 , General and Supplementary Provisions, for requirements ' concerning accessory buildings and additional standards. j . Multi-family Transition Areas. The requirements of Section 15. 08. 21.5 shall apply in any Multi- family Transition Area, which includes any portion of a multi- ; family district within 100 feet of a Single Family District or within :100 feet of a public street right-of-way. k. Multi-family Design Review. The requirements of Section 15 09 047 shall apply to any multi-family dwellincr of three (3) or more units Section 5. Subsection E of K. C. C. 15. 04 . 060 is amended to read as follows: 15.04.060 HIGH DENSITY MULTI-FAMILY RESIDENTIAL - MR-H 'I I Purpose. It is the purpose of this district to provide Ifor locations for high density residential districts suitable for urban living. 'I 5 i !i � i j E. Development Standards 1. Single-family dwellings and duplexes. The development standards of Section 15. 04. 020 and Section 15. 04 . 030 shall apply. 2. Multi-family dwelling units. a. Minimum lot. 8, 500 square feet for ; the first two dwelling units; 900 square feet for each additional ldwelling unit. b. Minimum lot width. 80 feet. C. Density. 40 dwelling units per acre. d. Maximum site coverage. 50 percent. e. Minimum yard requirements. i. Front yard. 20 feet. ff ii. Side yard. Each side yard shall Ibe a minimum of ten (10) percent of the lot width; however, regardless of lot width, the yard width need not be more than I thirty (30) feet. iii . Rear yard. 20 feet. iv. Side yard on flanking street of j corner lot.. 15 feet. f. Distances between buildings. i. An inner court providing acces to double-row buildings shall be a minimum of twenty (20) feet. ii. The distance between principal. buildings shall be at least one-half (1/2) the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space. g. Landscaping. The landscaping requirements of Chapter 15 . 07 shall apply. h. Height limitation. Four (4) stories, not exceeding 50 feet. i. Additional standards. See Chapter 15. 08, General and Supplementary Provisions, for requirements concerning accessory buildings and additional standards. j . Multi-family transition areas. The requirements of Section 15. 08.215 shall apply in any Multi- family Transition Area, which includes any portion of a multi- family district within 100 feet of a Single-Family District j or within 100 feet of a public street right-of-way. k. Multi-family Design Review. The requirements of Section 15 09 047 shall apply to any multi-family dwelling of three (3) or more units. 6 I I I� I I I 1 I Section 6. Title 15 of the Kent City Code is amended to add a new Section, 15. 09. 047, to read as follows: 15. 09. 047 MULTI-FAMILY DESIGN REVIEW. A. Purpose and Scope. 1. Multi-family Design Review is an administrative process the purpose of which is to implement and give effect to the Comprehensive Plan its policies or parts thereof through the adoption of design criteria for multi-family development relative to site layout, landscape architecture and exterior structure design. It is the intent of the City that this process will serve to aid applicants in understanding the principal expectations of the City concerning multi-family design and encourage a diversity of imaginative solutions to development through the Planning Department review and application of certain criteria These criteria_ have been formulated to improve the design siting and construction of multifamily development so as to be compatible, both visually and otherwise with the topographic open space urban or suburban characteristics of the land or adjacent Properties, while still maintaining allowable densities to be applied in a manner consistent with established land use policies, the comprehensive plan zoning code and community development goals of the City. 2 . The adoption of design criteria is an element of the City' s regulation of land use which is statutorily authorized. Application of the multi-family design process to the design criteria adopted herein is established as an administrative function delegated to the Planning Department Pursuant to RCW 35A therefore in implementing the Multi-Family Design Review process the Planning Director may adopt such rules and procedures as are necessary to provide for expeditious review of proposed Proiects Further rules may be promulgated for additional administrative review. 3 . All multi-family development of three (3) or more units will be subject to the provisions of this section unless the multi-family units are in a mixed use building where the housing units are not located on the ground floor The multi- family design review process is distinct from the Administrative Design Review process set forth in Section 15 09 045 and applications for multifamily development may or may not be subject to the provisions of both sections An applicant may request at time of application that review under both be completed 7 i i i I i simultaneously. 4 . The development and landscape plan should be consistent with the applicable policies of the Comprehensive Plan. In the downtown area the visual and urban design relationships between existing buildings open spaces and proposed development !I should be maximized. I j B. Application and Review Process. The Multi-family Design Review Rrocess is administrative and is conducted as part of the permit review process The applicant must make alplication for the design review process on forms provided by the Planning Department Upon receipt of an application for design review, the Planning Director shall circulate the application to ; the Public Works Director. Building official and the City Administrator for review. Prior to making a final decision, the Planning Director shall review any comments submitted for consideration In the administration of this process, the Planning j Director may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in subsection C below, as well as a detailed explanation of the design review process. C. Design Review Criteria. The Planning Department. shall use the following criteria in the evaluation and/or conditioning of applications under the multi-family design review process: 1. site Design a. The site plan for the development should I be integrated with the surrounding neighborhood. b. The site plan should take into considera- i tion significant environmental considerations and the lay of the land. C. The site plan should provide an open space !� network which will accommodate a wide variety of activities, both semi-public and private. d. The site plan should accommodate vehicular access and parking in a manner which is convenient, yet does not allow the automobile to dominate the site. g �I I lil , I� I� e. The site plan should provide safe and convenient Pedestrian circulation. 2 . Landscape Design a. The landscape plan should integrate with and enhance the surroundinq neighborhood landscape. b. The landscape plan should incorporate lexisting natural features of significance. C. The landscape plan should enhance the , planned open space network. d. The landscape plan should enhance the parking and utility areas on the site. e. The landscape plan should enhance building ! forms and orientation. i f. The landscape plan should indicate the use of 101ant species suited to the microclim ate of the site and should provide for maintenance of these plants. 3 . Building Design a. The buildings in the development should, , where appropriate maintain neighborhood scale and density. b. The buildings in the development should be oriented to provide for privacy of residents. I - c. The exterior design of all buildings in the development should provide for individual unit identity. i D. Appeals The decision of the Planning Director to condition or reject any application under the multi-family design review process is final unless an appeal is made to the Hearing Examiner within ten (10) days of either the issuance of the Director' s conditional approval under this section of any aPplication or the Director' s written decision re3ecting any application under this section Appeals to the Hearing Examiner_ I I 9 shall be as set forth in K.C.C. Chapter 2 .54. The decision of the ( Hearing Examiner shall be final unless an appeal is made to the city Council within ten days after the Hearing Examiner' s decision. Said appeal shall be in writing to the City Council and filed with the City Clerk. Section 7 . Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application ' thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its ; application to other persons or circumstances. Section 8 . Effective Date. This ordinance shall tak �I effect and be in force thirty days from and after its passage and II i approval by the Mayor. I DAN KELLEHER, MAYOR I� I I ' ATTEST: j 'i BRENDA JACOBER, DEPUTY CITY CLERK I I 10 � I I I Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: MCI FRANCHISE 2 . SUMMARY STATEMENT: As required by State law, this franchise ordinance was introduced at the meeting of November 19, has been published in the City's official newspaper and is being re-introduced for its second reading and final adoption as recommended by the Public Works Committee. 3 . EXHIBITS: Excerpt from Public Works Committee minutes and MCI Franchise 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NOZ_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3FJ i ORDINANCE NO. i AN ORDINANCE of the City of Kent, Washington, granting unto MCI Telecommunications Corporation, a Delaware corporation, its successors and assigns, the right, privilege, authority and franchise for ten years, to construct, maintain, operate, replace and repair an underground fiber optic cable telecommunications system, in, across, under, i through and below certain designated public rights-of-way and public properties of the City i of Kent, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Franchise Granted. The existing right-of-way permit granted by the City of Kent, Washington (hereinafter the !i "City") , and MCI Telecommunications Corporation, a Delaware !! corporation (hereinafter "MCI") , for utilization of streets, avenues, rights-of-way, roads, alleys, lanes or other public Iplaces within the City of Kent is hereby cancelled as of J, �I Pursuant to RCW 35A. 47 . 040, the City hereby grants to 'IMCI, its heirs, successors, administrators, legal representatives :land assigns, subject to the terms and conditions set forth jhereinafter, a franchise for a period of ten years, commencing and expiring �TM r +p' t a,. �K�rar11Q i�QZkD COIIIIDittQO #{ ,Xavasbar S, 1991 Page 2 that would give staff authority to remove them if they are illegally placed. Simply removing the fee would mean that they are allowed and would still need to apply for a permit. It was determined that the garage sale signs would be removed from the resolution. Dowell referred again to the reasoning for exempting real estate signs from a fee. He continued that he felt the ordinance creates a situation impossible to police. He commented that he felt the ordinance has a lot of holes in it. Now signs are allowed on public property but they are not allowed on private property. He suggested that the ordinance and fees be eliminated entirely. Morris commented that the ordinance covers a lot more than just signs - house moving, etc. She added that if they wished to amend the ordinance regarding signs that was possible. Don Rust stated he was going to continue to work with the Planning Committee to change the ordinance concerning signs on private property. Jim White questioned whether we needed fees on any of permits. It was determined that the permit fees were established to cover the administrative costs of issuing the permit and enforcement of same. Wickstrom suggested a $75 permit fee per each real estate office which would provide them with "stickers" for up to a certain number of signs. It was further suggested that if the real estate office wished to permit more than the initial number of signs, they could purchase stickers for the additional number of signs at the City' s cost to produce the stickers. Mike Spence stated that the real estate brokers did not have a problem with a yearly fee per office. Their major concerns were the $5 . 00 per sign and the process for getting a permit. Leona Orr' s motion was to eliminate yard, moving and garage sale signs and to charge a $75 per office permit fee for real estate signs which would entitle them up to 10 signs. Stickers for additional real estate signs would be available at the City' s cost to produce the stickers. After discussion, the motion was further amended to allow up to two signs for the $75 fee for portable signs. The Committee unanimously approved the motion. , 'MCI Franchise Carol Morris explained the draft franchise ordinance has been negotiated between MCI and the City to allow MCI to place their fiber optic cable in the city' s right of. way. She continued that because MCI is a telephone company, they are exempt from paying any annual franchise fee. MCI had previously been constructing their facilities under a right of way permit. The Committee unanimously recommended approval. ill � I I I I This franchise shall grant MCI the right, privilege and �lauthority to construct, operate, maintain, replace, and use all equipment and facilities thereto for an underground ,necessary fiber optic cable telecommunications system, in, under, on, �Iacross, or below the public right-of-ways and public places allocated in the City of Kent, more specifically described as jfollows: STREET DISTANCE LOCATION I j 76th Ave. So. 120 ft. B.N.R.R. R/W Tracks ( South 212th Street 110 ft. B.N.R.R. R/W Tracks South 228th Street 100 ft. B.N.R.R. R/W Tracks IIJames Street 110 ft. B.N.R.R. R/W Tracks lSmith Street 60 ft. B.N.R.R. R/W Tracks Meeker Street 60 ft. B.N.R.R. R/W Tracks West Gowe Street 60 ft. B.N.R.R. R/W Tracks West Titus Street 60 ft. B.N.R.R. R/W Tracks West Willis Street 66 ft. B.N.R.R. R/W Tracks South 259th Street 30 ft. B.N.R.R. R/W Tracks South 266th Street 30 ft. B.N.R.R. R/W Tracks The rights and privileges granted under this franchise , jshall not convey any right to MCI for the use of City-owned, ,' leased or operated properties outside of the franchise area !( described above. �I Section 2 . Non-Exclusive Franchise Grant. This franchise jlis granted upon the express condition that it shall not in any ! manner prevent the City from granting other or further franchises ( in, along, over, through, under, below or across any of said right-of-ways, streets, avenues or all other public lands and properties of every type and description. Such franchise shall in , no way prevent or prohibit the City from using any of said roads, streets or other public properties or affect its jurisdiction over ; ,1 I I . I 2 - I it I� II II II them or any part of them, and the City shall retain power to make Fall necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the City may I deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of-ways, thoroughfares and other i ipublic properties of every type and description. i Section 3 . Relocation of Fiber O tic Cable and Telecommunications S stem Facilities. MCI agrees and covenants at flits sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its i ; installations when so required by the City by reason of traffic conditions or public safety, dedications of new right-of-ways and the establishment and improvement thereof, freeway construction, Zchange or establishment of street grade, or the construction of any public improvement or structure by any governmental agency 1acting in a governmental capacity, provided that MCI shall in all ( such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, many section of cable required to be temporarily disconnected or f Ii removed. ' it I If the City determines that the project necessitates the (! relocation of MCI's then existing facilities, the City shall: a) At least sixty (60) days prior to the commencement of such improvement project, provide MCI with written notice I requiring such relocation; and b) Provide MCI with copies of pertinent portions of the plans and specifications for such improvement project and a i i 3 = i i proposed location for MCI's facilities so that MCI may relocate its facilities in other City right-of-way in order to accommodate such improvement project. c) After receipt of such notice and such plans and specifications, MCI shall complete relocation of its facilities at no charge or expense to the City so as to accommodate the improvement project at least ten (10) days prior to commencement of the project. MCI may, after receipt of written notice requesting 'Ila relocation of its facilities, submit to the City written lalternatives to such relocation. The City shall evaluate such alternatives and advise MCI in writing if one or more of the alternatives is suitable to accommodate the work which would otherwise necessitate relocation of the facilities. If so jIrequested by the City, MCI shall submit additional information to tassist the City in making such evaluation. The City shall give ', each alternative proposed by MCI full and fair consideration. In ! the event the City ultimately determines that there is no other ,treasonable alternative, MCI shall relocate its facilities as I otherwise provided in this Section. II The provisions of this Section shall in no manner H ilpreclude or restrict MCI from making any arrangements it may deem liappropriate when responding to a request for relocation of its 11facilities by any person or entity other than the City, where the Ilfacilities to be constructed by said person or entity are not or will not become City-owned, operated or maintained facilities, i provided that such arrangements do not unduly delay a City construction project. j 4 - i I Section 4. MCI's Maps and Records. As a condition of i this franchise, MCI shall provide to the City at no cost, a copy of its current as built plans, maps and records of its fiber optic cable system and facilities as they exist on the date of this franchise agreement in the City. All such as built plans, maps band records will be available to the City upon request. Section 5. Excavations. During any period of relocationli or maintenance, all surface structures, if any, shall be erected and used in such places and positions within said public right-of- ' ( ways and other public properties so as to interfere as little as ilpossible with the free passage of traffic and the free use of liadjoining property, and MCI shall at all times post and maintain Ilproper barricades and comply with all applicable safety �Iregulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, Ilincluding RCW 39. 04 . 180 for the construction of trench safety ,, systems. I� Whenever MCI shall excavate in any public right-of-way or other public property for the purpose of installation, con- !1struction, repair, maintenance or relocation of its cable or �1equipment, it shall apply to the City for a permit to do so and is all give the City at least three (3) working days notice , thereof. In no case shall any work commence within any public Ilright-of-way or other public property without a permit, except as otherwise provided in this franchise ordinance. During the , progress of the work, MCI shall not unnecessarily obstruct the , passage or proper use of the right-of-way, and shall file as built ! Ilplans or maps with the City showing the proposed and final allocation of the cable. li - 5 - I i� j i i If either the City or MCI shall at any time plan to make excavations in any area covered by this franchise and as described ; in this section, the party planning such excavation shall afford the other, upon receipt of a written req uest to do so, an j ,j opportunity to share such excavation, PROVIDED THAT: (1) such Il. joint use shall not unreasonably delay the work of the party causing the excavation to be made; (2) such joint use shall be �larranged and accomplished on terms and conditions satisfactory to both parties; and (3) either party may deny such request for j safety reasons. jiI Section 6. Restoration after Construction. MCI shall, after abandonment approved under Section 11 herein, or ilinstallation, construction, relocation, maintenance, or repair of ;! cable/facilities within the franchise area, restore the surface of J the right-of-way or public property to at least the condition same I was in immediately prior to any such installation, construction, relocation, maintenance or repair. All concrete encased monuments ! 1which have been disturbed or displaced by such work shall be ; restored pursuant to all federal, state and local standards and aspecificati.ons. MCI agrees to promptly complete all restoration ''Iwork and to promptly repair any damage caused by such work to the franchise area or other affected area at its sole cost and expense: i Section 7. Emergency Work -- Permit Waiver. In the event of any emergency in which any facilities located in or under ' jlany street, breaks, are damaged, or if MCI's construction area is otherwise in such a condition as to immediately endanger the I Property, life, health or safety of any individual, MCI shall jimmediately take the proper emergency measures to repair its li 'j li ! i 6 - �j I j� I , i� I facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals without first applying for and obtaining a permit as required by this franchise. However, this shall not relieve MCI from the I requirement of obtaining any permits necessary for this purpose, and MCI shall apply for all such permits not later than the next succeeding day during which the Kent City Hall is open for business. Section 8. Dancterous Conditions. Authority for City to i : Abate. Whenever construction, installation or excavation of i; !; facilities authorized by this franchise has caused or contributed Ito a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the ( public, an adjoining public place, street utilities or City ( property, the Public Works Director may direct MCI, at MCI's own lexpense, to take actions to protect the public, adjacent public 1places, City property or street utilities; and such action may include compliance within a prescribed time. III In the event that MCI fails or refuses to promptly take ilthe actions directed by the City, or fails to fully comply with i 11such directions, or if emergency conditions exist which require ;: immediate action, the City may enter upon the property and take Isuch actions as are necessary to protect the public, the adjacent : streets, or street utilities, or to maintain the lateral support lithereof, or actions regarded as necessary safety precautions; and iIMCI shall be liable to the City for the costs thereof. I I' I i i 7 I II I Section 9. Recovery of Costs. MCI shall pay a filing fee for the City's administrative costs in draftingand processing this franchise agreement and all work related thereto. MCI shall further be subject to all permit fees associated with activities I undertaken through the authority granted in this franchise ordinance or under the laws of the City. Where the City incurs costs and expenses for review, inspection or supervision of activities undertaken through the authority granted in this Ilfranchise or any ordinances relating to the subject for which a IIpermit fee is not established, MCI shall pay such costs and expenses directly to the City. In addition to the above, MCI II shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving MCI's iI cable and facilities. Section 10. City's Reservation of Rights. Pursuant to fSection 35. 21.860 of the Revised Code of Washington (RCW) , the City is precluded from imposing a franchise fee on a telephone business as defined in RCW 82 . 04 . 065, except for administrative expenses or any tax authorized by RCW 35.21. 865. MCI hereby warrants that its operations as authorized under this franchise are those of a telephone business as defined in RCW 82 . 04 . 065 . As a result, the City will not impose a franchise fee under the terms I� of this ordinance, other than as described herein. 'I However, the City hereby reserves its right to impose a franchise fee on MCI for purposes other than to recover its administrative expenses or taxing, if MCI's operations as jlauthorized by this franchise change so that not all uses of the itfranchise are those of a 'telephone business' as defined in RCW 82 . 04. 065; or, if statutory prohibitions on the imposition of such fees are removed. In the former instance, the City reserves its right to require that MCI obtain a separate franchise for its I 8 - �I i I I change in use, which franchise may include provisions intended to regulate MCI's operations, as allowed under applicable law. Section 11. Indemnification. MCI 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 j or liability to any person, including claims by MCI's own i �i employees to which MCI might otherwise be immune under Title 51 IRCW, arising from injury or death of any person or damage to 1property of which the negligent acts or omissions of MCI, its agents, servants, officers or employees in performing this franchise are the proximate cause. MCI further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person l (including claims by MCI's own employees, including those claims to which MCI might otherwise have immunity under Title 51 RCW) larising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of MCI's exercise of the rights granted herein, or by I� virtue of the City's permitting MCI's use of the City's rights-of-way or other public property based upon the inspection for lack of inspection of work performed by MCI, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has I control, pursuant to this franchise or pursuant to any other j permit or approval issued in connection with this franchise. This! covenant of indemnification shall include, but not be limited by jthis reference, claims against the City arising as a result of the! negligent acts or omissions of MCI, its agents, servants, officers ii or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction,; I - 9 i I � it I I � for work in any public right-of-way or other public place in performance of work or services permitted under this franchise. I I Inspection or acceptance by the City of any work i performed by MCI at the time of completion of construction shall ;, not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. I ' it In the event that MCI refuses the tender of defense in any suit or any claim, said tender having been made pursuant to lithe indemnification clauses contained herein, and said refusal is lsubsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) ,', Ito have been a wrongful refusal on the part of MCI, then MCI shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable Iiattorneys' fees of recovering under this indemnification clause. Should a court of competent jurisdiction determine that this franchise agreement is subject to RCW 4. 24 . 115 , then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of MCI and the city, its officers, employees and agents, MCI's liability hereunder shall be only to the extent of MCI's negligence. It is further specifically and expressly it understood that the indemnification provided herein constitutes iMCI's waiver of immunity under Title 51 RCW, solely for the !i purposes of this indemnification. This waiver has been mutually negotiated by the parties. I 10 - t I �i 'f i The provisions of this Section shall survive the expiration or termination of this franchise agreement. i Section 12 . Insurance. MCI shall procure and maintain , for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or, in connection with the exercise of the rights, privileges and authority granted hereunder to MCI, its agents, representatives on employees. MCI shall provide a copy of such insurance policy to the City for its inspection prior to the adoption of this franchise ordinance, and such insurance shall evidence: 1. Automobile Liability insurance with limits no less ' than $1, 000, 000 Combined Single Limit per accident II for bodily injury and property damage; and 2 . Commercial General Liability insurance policy IIwritten on an occurrence basis with limits no less than $1, 000, 000 Combined Single Limit per occurrence li and $1, 000, 000 aggregate for personal injury, bodily injury and property damage. Coverage shall include i but not be limited to: blanket contractual ; products/completed operations; broad form property; explosion, collapse and underground (XCU) ; and Employer's Liability. Ii Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductible or self-insured retention shall be the sole responsibility of MCI. The insurance obtained by MCI shall name the City, its officers, employees and volunteers as insurers with regard to activities performed by or on behalf of MCI. The coverage shall i I ill i I I II + contain no special limitations on the scope of protection afforded) Ito the City, its officers, officials, employees or volunteers. In addition, the insurance policy shall contain a clause stating that: coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of !Ithe insurer's liability. MCI's insurance shall be primary insurance as respects the City, its officers, officials, employees'' and volunteers. Any insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of MCI's insurance and shall not contribute with it. The insurance policy or polices required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by I I either party, reduced in coverage or in limits except after thirty II (30) days' prior written notice by certified mail, return receipt I requested, has been given to the City. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. li Section 13 . Abandonment of MCI's Cable or ! Telecommunication System Facilities. No cable, section of cable i i! or facility laid in the street by MCI may be abandoned by MCI without the express written consent of the City. Any plan for abandonment or removal of MCI's cable and facilities must be first approved by the Public Works Director, and all necessary permits ' must be obtained prior to such work. II I Section 14. Bond. Before undertaking any of the work, '. installation, improvements, construction, repair, relocation or �I maintenance authorized by this franchise, MCI shall, upon the request of the City, furnish a bond executed by MCI and a i corporate surety authorized to do a surety business in the State - 12 - i II ; I j I of Washington, in a sum to be set and approved by the Director of Public Works as sufficient to ensure performance of MCI's obligations under this franchise. The bond shall be conditioned ! so that MCI shall observe all the covenants, terms and conditions 1I and faithfully perform all of the obligations of this franchise, and to erect or replace any defective work or materials discovered; in the replacement of the City's streets or property within a j period of two years from the date of the replacement and i ! acceptance of such repaired streets by the City. Ii Section 15. Modification. The City and MCI hereby i reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. i Section 16. Forfeiture and Revocation. If MCI willfuli,, violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given MCI by the City under the I provisions of this franchise, then MCI shall, at the election of j the Kent City Council, forfeit all rights conferred hereunder and l this franchise may be revoked or annulled by the Council after a hearing held upon reasonable notice to MCI. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling MCI to comply with the provisions of this Ordinance and to recover damages and costs I; li incurred by the City by reason of MCI's failure to comply. i Section 17 . Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right j, to pursue any remedy to compel or force MCI and/or its successors and assigns to comply with the terms hereof, and the pursuit of it I 13 - 1 �i I I j any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 18. City Ordinances and Recrulations. Nothing herein shall be deemed to direct or restrict the City's ability to! adopt and enforce all necessary and appropriate ordinances lregulating the performance of the conditions of this franchise, I including any reasonable ordinance made in the exercise of its police powers in the interest of public safety and for the welfare) of the public. The City shall have the authority at all times to �I control by appropriate regulations the location, elevation, and I {I manner of construction and maintenance of any fiber optic cable or cable facilities by MCI, and MCI shall promptly conform with all such regulations, unless compliance would cause MCI to violate other requirements of law. IIi 'I Section 19. Cost of Publication. The cost of the publication of this Ordinance shall be borne by MCI. I; Section 20. Acceptance. After the passage and approval i� I of this Ordinance and within sixty days after such approval, this lfranchise shall be accepted by MCI by its filing with the City I! Clerk an unconditional written acceptance thereof. Failure of MCI' j to so accept this franchise within said period of time shall be deemed a rejection thereof by MCI, and the rights and privileges herein granted shall, after the expiration of the sixty day period, ,absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose. Section 21. Survival. All of the provisions, conditions! I I; and requirements of Sections 9 , 10, 11, and 12 of this franchise I� shall be in addition to any and all other obligations and it �I l - 14 - Ali I i� ii liabilities MCI may have to the City at common law, by statute, or by contract, and shall survive the City's franchise to MCI for the; use of the areas mentioned in Section 1 herein, and any renewals j or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this franchise Ordinance' shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of MCI and all I privileges, as well as all obligations and liabilities of MCI shall inure to its heirs, successors and assigns equally as if they were specifically mentioned wherever MCI is named herein. �I Section 22 . Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity r 1constitutionality of any other section, sentence, clause or phrases i of this franchise Ordinance. In the event that any of the provisions of this franchise are held to be invalid by a court of i, competent jurisdiction, the City reserves the right to reconsider i! the grant of this franchise and may amend, repeal, add, replace or Iimodify any other provision of this franchise, or may terminate lthis franchise. I i Section 23 . Assignment. This agreement may not be !lassigned or transferred without the written approval of the City, Ijexcept MCI may freely assign this Agreement in whole or in part to a parent, subsidiary, or affiliated corporation or as part of any corporate reorganization or refinancing. MCI shall provide written notice to the City of any such assignment. Section 24 . Notice. Any notice or information required or permitted to be given to the parties under this franchise II I 15 - I I III i� ' I 'I agreement may be sent to the following addresses unless otherwise III specified: City of Kent Director of Public Works 300 West Gowe II Kent, WA 98032 jMCI Telecommunications Corp. Site Route Management Department 1103 400 International Parkway Richardson, Texas 75081 MCI Telecommunications Corp. Office of General Counsel Real Estate Administrator 1133 - 19th Street NW ' Washington D.0 20036 II Section 25. Effective Date. This Ordinance shall take ;i effect on or thirty (30) days after its execution; having first been submitted to the Kent City Attorney; ; having been granted by the approving vote of at least a majority Hof the City Council at a regular meeting and after introduction on and after having been published at least once in a newspaper of general circulation in the City of Kent. i i I DAN KELLEHER, MAYOR i ( ATTEST: I,I BRENDA JACOBER, DEPUTY CITY CLERK III II II II Ili - 16 - i I Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: UPPER MILL CREEK DETENTION BASIN IMPROVEMENTS 2. SUMMARY STATEMENT: Acceptance as complete of the contract with R.W. Scott Construction for the Upper Mill Creek Detention Basin Improvement Project and release of retainage after receipt of the State releases. 3 . EXHIBITS: Memorandum from the Public Works Director 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. W DEPARTMENT OF PUBLIC WORKS November 25, 1991 TO: MAYOR KELLEHER AND CITY COUNCIL FROM: DON WICKSTROM EU�A) RE: UPPER MILL CREEK DETENTION BASIN IMPROVEMENT This project constructed an earth dam, controlled outlet structure, instrumentation and telemetry of the Upper Mill Creek Detention facility. R. W. Scott Construction was awarded the contract in July of 1989 for the bid amount of $568 , 529 . 25 . Construction costs are $589 , 276 . 82 . It is recommended the project be accepted as complete and the retainage released after receipt of the releases from the state. Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: MCDOWELL NORTHWEST STORAGE YARD 2. SUNKARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Michael M. McDowell for continuous operation and maintenance of approximately 181.5 feet of sanitary sewer extension constructed in the vicinity of 80th Place South and South 188th Street and release of cash bond after expiration of the one-year maintenance period. 3 . EXHIBITS: Vicinity map 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO___Z_ _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember. seconds DISCUSSION• ACTION• Council Agenda Item No. 3HJ McDOWELL NORTHWEST INC . 0 FFICE / SHOP BLDG . VICINITY MAP of IT Ci , { �a ( ` :� (• .1 !T:'r.r ) 5� , ir.�ri �� a� A � . • uu+KL t 4 t r mull TAJO i fa �Q ♦ �� S � F }tt r. c •.� 1 41, LU { K SAXONi vAiuy F SW a Iago ST 5rN i VI 1 «turcm Z. w4vI , Yra„r OL ?A, 1 i or MEW .0 4 „1`i; ,1 a} { nl - 6r t Kent City Council Meeting Date December 3. 1991 Category Consent Calendar 1. SUBJECT: REPEALING SMOKE DETECTORS - ORDINANCE 2. BUIDWY STATEMENT: Adoption of Ordinance repealing Kent City Code provisions relating to smoke detectors. Kent City Code Sections 14.04.030 through 14.04. 090 (Ordinance 2082) relate to the installation of smoke detectors in dwelling units that are not owner-occupied. The requirements of these sections are less restrictive than State law on the same subject (RCW 48.48. 140) , and are therefore pre-empted. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety. City Attorney's Office (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT NO X 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. 3I 'I I ORDINANCE NO. I AN ORDINANCE of the City of Kent, j Washington, relating to the installation and maintenance of smoke detectors in dwelling units that are not owner- occupied, deleting Kent City Code �I Sections 14 . 04. 030 through 14.04. 090 (repealing Ordinance 2082) . I il' WHEREAS, the State of Washington has adopted a statute relating to the installation and maintenance of smoke detectors inside all dwelling units that are not owner-occupied (RCW 148 .48 . 140) ; and li WHEREAS, RCW 48.48 . 140 is more stringent in its requirements and pre-empts the City' s code requirements on the subject; NOW, THEREFORE, I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: I Section 1. Ordinance No. 2082 entitled: AN ORDINANCE of the City of Kent, Washington, relating to the installation and maintenance of smoke detectors in occupancies that are rented, leased or let. I I is repealed, and Section 14. 04 . 030, 14 . 04 . 040, 14 .04 . 050, 14. 04 .060, 14 . 04 . 070, 14 . 04 . 080 and 14 . 04. 090 are thereby deleted jfrom the Kent City Code. i II I I I Ali Section 2 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR j. ATTEST: i i � BRENDA JACOBER, DEPUTY CITY CLERK I i I. J APPROVED AS TO FORM- TRIOGER A> LUBOVICH, EY i i PASSED the day of , 1991 APPROVED the day of , 1991 i PUBLISHED the day of , 1991 j I hereby certify that this is a true copy of Ordinance I j No. passed by the City Council of the City of Kent, II Washington, and approved by the Mayor of the City of Kent as hereon indicated. i I (SEAL) BRENDA JACOBER, DEPUTY CITY CLER. i SMOI®EC ORD Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: APPOINTMENTS TO THE DRINKING DRIVER TASK FORCE. 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointments as follows: Christi Houser, Mike Buckingham and Nancy Woo, who are presently serving as Steering Committee members, to the Drinking Driver Task Force. These appointments will begin immediately and be effective until January 1, 1992 at which time they will be reappointed for a term of three years which will expire January 1, 1995. Ford Kiene, Mike Jasper, Janese Hubbard and Jill Vanneman, currently serving as Steering Committee members, to the Drinking Driver Task Force. Their appointments will begin immediately and continue to January 1, 1994. Ed White, Jim Sawyers, Tom Ripley and Sue Madsen, currently Steering Committee members, to the Drinking Driver Task Force. Their appointments will become effective immediately and continue to January 1, 1993 . 3 . EXHIBITS: Memos from the Mayor 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenc}a Item No. 3J MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR�r. DATE: DECEMBER 3, 1991 SUBJECT: APPOINTMENTS TO THE DRINKING DRIVER TASK FORCE Christi Houser, Mike Buckingham and Nancy Woo have been serving as steering committee members to the Drinking Driver Task Force. In accordance with the adoption of City of Kent Ordinance 3001, Christi Houser, Mike Buckingham and Nancy Woo are hereby appointed to the Drinking Driver Task Force. These appointments will begin immediately and be effective until January 1, 1992 at which time they will be reappointed for a term of three years which will expire January 1, 1995. I submit this for your confirmation. DK:kno MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR ✓ DATE: DECEMBER 3, 1991 SUBJECT: APPOINTMENTS TO THE DRINKING DRIVER TASK FORCE Ford Kiene, Mike Jasper, Janese Hubbard, and Jill Vanneman have been serving as steering committee;members to the Drinking Driver Task Force. In accordance with the adoption of City of Kent Ordinance 3001, Ford Kiene, Mike Jasper, Janese Hubbard, and Jill Vanneman are hereby appointed to the Drinking Driver Task Force. These appointments will begin immediately and be effective until January 1, 1994 I submit this for your confirmation. DK:kno MEMORANDUM TO: - JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS f FROM: DAN KELLEHER, MAYOR +'' DATE: DECEMBER 3, 1991 SUBJECT: APPOINTMENTS TO THE DRINKING DRIVER TASK FORCE Ed White, Jim Sawyers, Tom Ripley and Sue Madsen have been serving as steering committee members to the Drinking Driver Task Force. In accordance with the adoption of City of Kent Ordinance 3001, Ed White, Jim Sawyers, Tom Ripley and Sue Madsen are hereby appointed to the Drinking Driver Task Force.These appointments will begin immediately and be effective until January 1, 1993, I submit this for your confirmation. DK:kno Kent City Council Meeting I Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: PROCUREMENT & CONTRACT AUTHORIZATION - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance " enacting rules and procedures for non-public works purchases, rentals and leases. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Operations City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds �f 4 DISCUSSION• ACTION• Council Agenda Item No. 3KII I ll� I� I j i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, establishing rules and procedures for entering into procurement contracts for purchases, leases and rentals of supplies, material, equipment or services and adding a i new Chapter to Title 3 of the Kent City Code. II' WHEREAS, no provisions within the Revised Code of j �lWashington establish procedures or guidelines directly applicable 'Ito the City of Kent for the authorization of procurement contracts for purchases, leases and rental of supplies, material, equipment or services other than architectural and engineering services and certain recycled products; and j' WHEREAS, it is in the interest of the City of Kent to establish a uniform procedure for entering into procurement ' contracts for purchases, leases and rental of supplies, material , Jequipment or services; NOW, THEREFORE, 'I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES ( HEREBY ORDAIN AS FOLLOWS: Section 1. Title 3 of the Kent City Code is hereby amended by adding the following new Chapter: I PROCUREMENT CONTRACTS. 3 .50 . 010. Applicability. Except for Public Works or improvement contracts, any contract for the purchase, lease or rental of supplies, material, equipment or services, the estimated cost of which exceeds Seven Thousand Five Hundred dollars ($7500) i I � i Ij �I I' ,I shall be subject to the provisions of this Chapter; Provided that the limitations herein do not apply to any purchases of materials at auctions conducted by the United States Government or any agency thereof, or by the State of Washington and any of its political subdivisions. 3 . 50. 020. Telephone and/or Written Bids or 4uotations. iIf it appears that the estimated cost of a contract to purchase, lease or rent supplies, materials, equipment or services, other than professional and consulting services, will not exceed Fifteen Thousand dollars ($1,5, 000) , the City, or the department supervisor with authority, shall attempt to solicit at least three (3) It-L-lephone and/or written- bids or quotations for that contract. 3 . 50. 020. Advertised Bids or Requests for Proposals. If it appears that the estimated cost of a contract to purchase, lean or rent supplies, materials, equipment or services, other than ! professional and consulting services, will exceed Fifteen Thousand dollars ($15, 000) , then, at least fifteen (15) days before entering i into that contract, the City shall publish notice calling for � . sealed bids or requests for proposals in a newspaper of general circulation most likely to bring responsive bids. The notice shall ( generally state the nature of the contemplated purchase, lease or rental agreement and the description or specifications therefor, and it shall require that the bids or proposals be sealed and filed with the City Clerk within the time specified therein. The City Council shall let the contract to the lowest and best responsible bidder or shall have power by resolution to reject any or all bids or proposals and to make further call for bids or proposals in the � same manner as the original call . -2- i I� I i I � i 3 .50. 040. Authorization by Mayor Re fired Any contract, except for public works or improvement-" contracts, exceeding Seven Thousand Five Hundred dollars ($715�0.00) intended ifor the purchase, lease or rental of supplies, material, equipment or services, including professional and consulting services, must be in writing and approved and signed by the Mayor to become I effective and binding upon the City. I; 3 . 50. 050. Authorization by Council Recruired. Any contract, except for public works or improvement contracts, exceeding Fifteen Thousand dollars ($15, 000. 00) intended for the ( purchase, lease or rental of supplies, material, equipment or services, other than professional and consulting services, that has Inot been awarded in accordance with the advertised bid procedures set forth in Section 3 . 50. 020 of the Kent City Code must be in writing and authorized by a simple majority of the City Council ! before becoming effective and binding upon the City. I 3 . 50. 060. Architectural and Engineering Services. All contracts for architectural and engineering services entered into Iby the City are governed by Chapter 61, Laws of 1981 (RCW 39. 80) , ! and all amendments thereto. 3 . 50. 070. Waiver. These procurement requirements may be I jwaived by a written determination by the City or the applicable department head with authority that either the materials, supplies, j equipment or services are clearly and legitimately limited to a single source of supply within the near vicinity, or that the materials, supplies, equipment or services are subject to special market conditions. The City' s written determination shall also i 'll ji recite why this situation exists. Actions taken under this section are subject to RCW 39. 30. 020. i 3 . 50. 080. Emergencies. When any emergency requires the immediate execution of any contract to purchase, lease or rent as described in this Chapter, upon the finding of the existence of such an emergency, the City or its designated department head with authority shall have the power to make and enter into such contract, provided that the City or the designated department head issues a written basis for the emergency determination accompanied I by a description and/or specification and cost estimate of the 1 contract within seven (7) days after the commencement of the purchase. 3 . 50. 090. Exception for Recycled Products. Nothing in j the Chapter shall prohibit the City from preferentially purchasir products made from recycled materials or products that may be recycled or reused. ! Section 2 . Invalidity. If any provision of this iiordinance or its application to any person or circumstance is held Ito be invalid, such decision shall not affect the validity of the remainder of the ordinance or the application of the provision to lother persons or circumstances. Section 3 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its final ( passage, approval and publication as provided by law. I I DAN KELLEHER, MAYOR 1 -4- Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: PUBLIC WORKS IMPROVEMENTS - ORDINANCE 2 . SUMXARY STATEMENT: Adoption of Ordinance , technical amendment to code to bring Public Works authority section into conformance with current State statutes. Pursuant to State law, cities with a population of over 20,000 are required to follow public works procedures set forth in RCW 35.22. 620. Our current code references RCW 35.23 .352 for cities under 20, 000 population. This ordinance will bring the City in conformance with State law. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Operations. City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3L V �I I ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending Section 4 . 02 . 010 of the Kent City Code. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: I i Section 1. Section 4. 02 . 010 of the Kent City Code is hereby amended as follows: � I ' 4 . 02 . 010. RCW CONTRACT REQUIREMENTS. All public works and improvements contracts entered into by the City of Kent shall. be in conformance with, and subject to, the following provisions of the Revised Code of Washington (RCW) : j A. Chapter 39. 04 relating to public works. f B. Chapters 35.�.n 35A. 40 210 and 35.22 . 620 relating i to competitive bidding for public works, materials and supplies. j C. Chapter 9. 18 . 120 and 9 . 18 . 150 relating to suppression of competitive bidding. i D. Chapter 60.28 relating to liens for materials and 1 labor performed. i E. Chapter 39.08 relating to contractor' s bonds. I i I j Ii it I III Il it F. Chapters 39 . 12, 39. 16, and 43 . 03 relating to prevailing wages. i G. Chapter 49. 12 relating to hours of labor. H. Chapter 51. 12 relating to �.,rvrkmen's worker' s i compensation. j I. Chapter 39 .20 relating to employment of certain aliens. I I I J. Chapter 49. 60 relating to antidiscrimination in jI lemployment. K. Chapter 39. 24 relating to emergency public works. (RCW 35A.40.200) Section 2 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its final passage, approval and publication as provided by law. 'I i DAN KELLEHER, MAYOR ATTEST: i BRENDA JACOBER, DEPUTY CITY CLERK �I I � I ; �I 2 i I i Kent City Council Meeting Date December 3 . 1991 I Category Consent Calendar 1. SUBJECT: PLANNING DEPARTMENT CONSULTANT CONTRACTS - ORDINANCE 2. SUMMARY STATEMENT: Adoption of Ordinance which would delete a paragraph in the existing code that requires Council to hire and negotiate salaries for all consultants hired by Planning Department. Once deleted, all consultant hiring must occur according to the rules and procedures of the new procurement ordinance. 3. EXHIBITS: Ordinance 4 . RECOMMENDED BY: Operations City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3M✓ I ' I II ORDINANCE NO. I AN ORDINANCE of the City of Kent, Washington, amending Section 2 . 32 . 070 of the Kent City Code as it r �I pertains to the duties and powers of ! the Planning Department. it I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES I �I HEREBY ORDAIN AS FOLLOWS: i Section 1. Section 2 . 32 . 070 of the Kent City Code is i thereby amended as follows: I 2 . 32 . 070. DUTIES AND POWERS OF THE PLANNING DEPARTMENT.. The Planning Department is responsible for collecting, analyzing (land using technical data to determine logical matters of urban ' I I development within the City. The Planning Department shall be responsible for preparing and updating the Comprehensive Plan, preparing and amending the Zoning Code, Subdivision Code and any other codes or ordinances which are determined by the City Administrator or City Council to be within the area of ! responsibility of the Planning Agency. i The--EitT—Eet�aeil shall ae the eensalta�—The Geuneilshall determine l te } � a } ef j The Planning Department shall maintain close contact with I the City Council through the office of the City Administrator. The ij Ij I I I I I ' i' I I I I I I( Planning Department may carry out special projects at the request iof the City Council which requests shall be forwarded to the Planning Director through the office of the City Administrator j I The Planning Department shall function as an administrative department of the City of Kent, aiding in coordination of City planning activities within the overall administrative program of the City government. i II The Planning Department shall advise the City Planning Commission on all rezone matters, on zoning for annexation to the I City, on amendments to the Comprehensive Plan, on new ordinances I and amendments to ordinances which fall within the range of the i� planning function of the City. Special projects carried out for the City Council or City Administrator need not be coordinate, through the Planning Commission unless they amend the Comprehensi%,- Plan or any developmental ordinance. I ' The Planning Department shall, advise the City Board of ! Adjustment on all variance and conditional exceptions. II Section 2 . Effective Date. This Ordinance shall take '! effect and be in force thirty (30) days from and after its final ,! passage, approval and publication as provided by law. DAN KELLEHER, MAYOR 'I 2 I I Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: REPEALING SECURITY GUARD - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance repealing Kent City Code relating to private security guard regulation. Recent State law (Chapter 334, Laws of 1991) takes exclusive control over licensing and regulation of private security guard services. Consequently, City Ordinance 2387 (Kent City Code Chapter 5. 23) is pre-empted. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Operations City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 30 ✓ I I'i i i i I � Ij I I I ORDINANCE NO. I i1 AN ORDINANCE of the City of Kent, Wa repealing Ordina :e!:2.387re lating to the licensin & regulation of private security guard services. WHEREAS, Chapter 334, Laws of 1991, relating to the licensing for regulatory purposes of private security guards, iarmed private security guards, and private security companies, is Ilexclusive and prohibits any governmental subdivision of this Istate, including the City of Kent, to enact any laws or rules jllicensing such persons for regulatory purposes; and j WHEREAS, City of Kent Ordinance No. 2387 (KCC Chapter 15.23) was enacted to license and regulate private security 1guards, armed private security guards, and private security companies, and i j WHEREAS, the state legislatures enactment of Chapter 334, Laws of 1991, requires that the City of Kent now repeal its j laws and rules licensing such persons for regulatory purposes; NOW THEREFORE 'I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES �I j HEREBY ORDAIN AS FOLLOWS: j �; II Section 1. Ordinance 2387 (KCC Chapter 5.23) entitled: i i "AN ORDINANCE of the City of Kent, Washington, relating to private security business; repealing Chapter 5.22 (Ordinance No. 1693) relating to merchant patrols; i I I I I i i i I i I adopting a new Chapter 5.23 of the Kent City Code regulating private security services; providing penalties for violation of the Code; and authorizing an agreement with King County for lenforcement of the Code. " lis hereby repealed. I Section 2 . This ordinance shall take effect and be in force thirty (30) days from and after its final passage, approval 1 and publication as provided by law. I DAN KELLEHER, MAYOR 'i ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: I ROGER A. LUBOVICH, CITY ATTORNEY I I; j PASSED the day of , 1991. APPROVED the day of 1991• ( PUBLISHED the day of 1991• i I� 2 i I I Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: SCENIC HILL PARKING LOT AGREEMENT 2. SUMMARY STATEMENT: Authorization for the Mayor to sign the Interlocal Cooperative Agreement between the City of Kent and Kent School District No. 415 for the development of Scenic Hill parking lot. 3 . EXHIBITS: Interlocal agreement 4 . RECOMMENDED BY: Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $85, 000 to $103 , 000 SOURCE OF FUNDS: Kent School District 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3P d INTERLOCAL COOPERATIVE DEVELOPMENT AGREEMENT This agreement is made this day of , 1991, between the City of Kent ("the City") , a Washington municipal corporation, and the Kent School District ("the District") , a Washington municipal corporation. 1. PURPOSE. The purpose of this agreement is to reduce to writing an understanding reached by the parties to cooperate in developing facilities which will jointly serve the needs of the parties. The City needs to construct park facilities on a parcel of property owned by the City known as Scenic Hill Park and the District needs additional parking to serve Scenic Hill School located next to the park. The development will include the construction of active park facilities on the site as well as a 55 stall parking area. 2 . AUTHORITY. The City and the District enter into this agreement under the authority of Chapter 39. 34 of the Washington Revised Code, which allows the District and the City to enter into interlocal cooperative agreements. 3 . PROPERTY DESCRIPTION. The property on which this joint development will be located is fully described on Exhibit 1 attached hereto and by this reference incorporated herein as if set forth in full. 4 . DURATION. The agreement shall continue in effect until terminated by the agreement of the parties but subject to the proviso that the District may, at its option, terminate the agreement at any time upon one year' s notice, but only in the event that the District determines to stop using the Scenic Hill. Elementary School for educational purposes. 5. CONSIDERATION. The mutual benefits gained by the parties in the cost sharing and exchanges of easements as discussed herein. 6. RESPONSIBLE AGENCY. It is understood that the City will be responsible to supervise the planning, designing, engineering and construction to completion of this project. 7 . PARKING LOT CONSTRUCTION. a) Design. The parking lot area shall be designed to comply with the City Code and all other applicable state and federal laws, rules and regulations. The parking lot area shall be understood to include sidewalks, lighting, landscaping, irrigation, drainage and drainage swale located essentially consistent with the site plan, a copy of which is attached hereto marked as Exhibit 2 . The portion of the parking lot area which 1 shall be the District 's primary responsibility for the purposes of this agreement is identified as the shaded area on Exhibit 2 . The lighting system shall assure that the sidewalk areas to be used for walking to and from Scenic Hill Elementary to access the parking lot will be adequately lighted. b) Costs. The District will be responsible for all costs which relate to the design, engineering (to include surveying) , construction (to include administrative and transactional expenses related to project change orders) , and inspection necessary to complete construction of the parking lot area. The parking lot area which is to be paid for by the District appears as the shaded area on attached Exhibit 2 . c) Estimated Cost. The current estimated range of cost of the parking lot area construction is $85, 000. 00 to $103 , 000. 00. The District' s duty will be to pay the actual amount due to the successful bidder for the work involved in constructing the parking lot area. d) Review of Design Documents. The District will be invited at appropriate times by the design team to review the drawings for the parking lot area and will have the right to approve the final construction drawings and specifications prior to proceeding into the bidding phase of the project. e) Separate Bid. The design team shall structure its work so that the portion of the project to be paid for by the District must be broken-out by the bidders and bid as a separate item. f) Separate Records. The Construction contract will require that the work to be paid for by the District will be accounted for separately so that the District may readily review the data necessary to authenticate and back-up any progress payment submittal . g) Matching Funds. The City is applying to the State of Washington for a matching fund grant to be applied toward the cost of construction of the improvements to the Scenic Hill Park area. It is understood that the parties intend to proceed with the development of the parking lot area in any event whether matching funds are allotted or not. h) Payment Commitment. The District does hereby commit to deposit with the City the sum of One Hundred Thousand Dollars ($100, 000. 00) in the event that such a deposit is necessary to qualify for the matching fund grant. The District shall have thirty (30) days after notice from the City to tender the deposit. The deposit will not be requested by the City until it is actually necessary in order to satisfy the State matching fund requirements. It is agreed that the deposit, once delivered to the City, will be held by the City to be applied toward the District' s obligation 2 under this agreement. If for any reason, the City is unable to commence construction of the parking lot area by January 1, 1993, this deposit shall, upon written request by the District, be refunded to the District within fifteen (15) days. 8. INSURANCE. The parties will cooperate to work-out through their respective insurance counselors appropriate insurance coverage for the risks arising out of this relationship. This insurance shall at the minimum include comprehensive general liability coverage during construction as well as throughout the period that the joint use continues. As part of arranging the coverage, it shall be provided that the City will add the District's name as an named insured to the City coverage and the District shall likewise add the City to their policy in the same fashion. a) Area and Time of Coverage. The District's policy need only provide coverage for claims which arise out of the parking lot area. The actual area which shall be included within the School District' s insurance coverage appears as the shaded area on attached Exhibit 2 . The District' s duty to maintain coverage shall only extend to those periods of the year when Scenic Hill Elementary is open and being used for any school purpose. b) Limits. The limits shall be agreed upon by the parties but shall in no event be less than 1 million dollars ($1, 000, 000. 00) for each occurrence and 2 millions dollars ($2 , 000, 000. 00) in the aggregate. c) Lapse Notice. The policies shall include an endorsement assuring that not less than 30 days written notice will be given to the parties to this agreement prior to any lapse occurring. 9 . INDEMNITY. Each party does hereby agree to indemnify and hold the other harmless against all claims arising out of the negligence of the other. This duty to indemnify is understood to include the duty to pay all attorneys fees incurred by the party to be indemnified if it is required to defend itself against any such claim. 10 . MAINTENANCE. a) Day to Day Clean-up. Kent School District shall be responsible on a year around basis for the on going clean-up of the parking lot. b) Sealing-Resurfacing-Striping-Repairs-Lighting. The parties shall share these costs equally. The parties will work- out the timing of such repairs. However, the actual work itself shall be done by the City and the City shall invoice the District for their 50% share of such work. The invoice shall include a breakdown as to time involved, hourly rate of workmen involved, 3 equipment used and hourly rate for such equipment, and material involved at actual cost. A schedule reflecting an acceptable range of hourly rates or, if appropriate, a per job fixed figure shall be worked out between the parties from time to time for charging- out to the District such work. The City shall, at it's expense, replace bulbs and pay the cost of electricity for lights and electrical outlets 11. PARKING LOT AREA. It is understood that all references to the parking lot area in this agreement shall be understood to mean the area which is shaded-in on Exhibit 2 attached. The District' s duties with respect to this agreement are limited to that area. 12 . DESIGNATED REPRESENTATIVES. The parties to this agreement may from time to time appoint or reappoint a representative to act for them in the management of this agreement. However, pending such appointments it is agreed that the District will be represented by either the Director of Maintenance and Operations or his designee. The City will be represented by either the Director of Parks and Recreation or his designee. It shall be the responsibility of these two representatives respectively to mutually work-out all matters that need to be attended to and resolved during the duration of this agreement for the sharing of and prudent operation of the parking lot area. Differences between the designated representatives shall be resolved by submitting any such disagreement for mediation or binding arbitration as provided herein. 13 . FINANCING. The parties to this agreement will finance the costs of this project as well as the on going maintenance and repair costs out of funds which will be budgeted annually for this purpose. 14 . EASEMENTS. The parties shall grant to each other the following easements: a) To the District. The City shall grant a permanent easement by separate document to the District to assure ingress and egress to the District and its employees, agents, patrons and invitees to and from the parking lot area. The City shall also grant an additional permanent easement by separate recorded document to the District over the area along the southwest corner of the Scenic Hill Park property over which the District has been accessing into the Scenic Hill Elementary for many years. These easements, once signed, will be attached to and become a part of this document, identified as Exhibit 3 , after the work is complete and the exact location of the easements can be determined. b) To the City. The District shall grant a permanent easement by separate document to the City to allow the City' s employees, agents, patrons and invitees the use of a portion of the 4 north perimeter of the District' s property to assure convenient ingress and egress to and from the parking lot area. This easement will be attached to and become a part of this document, identified as Exhibit 4 , after the work is complete and the exact location of this easement can be identified. c) Recording. The easements shall be recorded upon completion. 15. MEDIATION-ARBITRATION. In the event any dispute arises between the parties, either party may request in writing that the issue in dispute be resolved by Mediation and, if necessary, binding Arbitration. In the event the matter cannot be resolved by the mediation process then it shall go promptly to binding Arbitration with no right of appeal . The ruling of the Arbitrator may be reduced to writing and entered as a judgment in the records of King County Superior Court. The Arbitrator shall award to the prevailing party reasonable attorneys fees to include the fees, if any, incurred in preparing for and attending the mediation process. Kent School District #415 City of Kent BY• BY: Dated: Dated• State of Washington County of King I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to executed the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC in and for the State of Washington My appointment expires 5 State of Washington County of King I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to executed the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC in and for the State of Washington My appointment expires 6 EXHIBIT 1 SCENIC HILL PARK THAT PORTION OF THE NE 1/4 OF NE 1/4 OF SECTION 30, TOWNSHIP 22, RANGE 5, E.W.M. LYING WESTERLY OF WOODLAND WAY AND SOUTHERLY OF A LINE WHICH LINE BEGINS 289.96 FEET NORTH OF THE S.W. CORNER OF SAID SUBDIVISION THENCE NORTH 55*5411311 E IN A STRAIGHT LINE TO A POINT ON THE WESTERLY MARGIN OF SAID WAY AND THE TERMINUS OF SAID LINE. J � • VLK� W i Z j I�{' ' III / 4M � l� 'II U • • "I�J�"� � , i.� '� ��fY111 ..................... �)ri II I{I14J hI Ii i,Iu :II Q III �i �l( .�jIi�I� II ��llrill IIhII �IIRIIiI�. VII L.i I iIF I li nlll'.fI� ��Of �P Mrl�9/�� `�_�r✓ I ' � I I� I,I,-,IIII, I',J��,-i ��)W �W� Art, NXIS ��\\ I I�'i I III I ,► � � :��,.• i P so " .' - �� , . „ t r• � 7 11 � Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: APPOINTMENT - CITY CLERK 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Brenda Jacober to the position of City Clerk of the City of Kent. 3 . EXHIBITS: Memo from Mayor 4 . RECOMMENDED BY: Mayor Kelleher (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3Q J MEMORANDUM TO: JUDY WOODS, CITY COUNCIL RESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR w-=-`...�`�-� " DATE: DECEMBER 3, 1991 SUBJECT: APPOINTMENT OF BRENDA JACOBER TO CITY CLERK POSITION I have recently appointed Brenda Jacober to the position of City Clerk for the City of Kent. As a result of the November 19, 1991 City Council meeting, the City Council, in the process of passing the 1992 fiscal year budget, authorized that the City Clerk position be filled and eliminated the position of Office Assistant to the City Clerk. The Deputy Clerk's position will be filled pursuant to City policy and union agreement. I submit this for your confirmation. DK.jb Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: MODEL TRAFFIC - ORDINANCE 2. SUMMARY STATEMENT: Adoption of Ordinance repealing ordinances adopting by reference certain provisions of the State traffic code regarding traffic and speed limit regulation, and further adopting the Model Traffic Ordinance (MTO) as Kent's traffic code and further allowing for traffic speeds to be adopted by resolution. 3 . EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety. City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3R� i I Id 'I ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to traffic, deleting the existing chapter on the subject of traffic and speed limits in the City, Kent City Code Chapters 10. 02 and 10.08, (repealing Ordinances 1963, 2384 , 2391, 2414, 2680, 2716, 2769, 2918, 2974, 2163 , 2210, 2240, 2265, 2305, 2399, 2491, 2589, 2660, 2706, 2821, 2845, 2934 and 3006; adopting The Model Traffic Ordinance of the State of Washington ("MTO") by reference; adding sections relating to inattentive driving, intersection avoidance; and providing for penalties therefor. WHEREAS, it is the desire of the City of Kent to encourage highway safety and uniform traffic laws by adopting the State of Washington comprehensive compilation of sound and uniform) traffic laws, The Model Traffic Ordinance (MTO) ; as set forth in the revised Code of Washington, (RCW) Chapter 46. 90 and to make all local amendments or additions thereto as are necessary; and WHEREAS, in order to do so, the City must repeal all existing ordinances on the same subject; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: I Section 1. City of Kent Ordinance No. 1963 relating to traffic offenses entitled: AN ORDINANCE of the City of Kent, Washington, adopting the Kent Traffic Code; and repealing Ordinances 382 , 475, 521, 523 , 544 , 554 , 651, 813 , 839 , 848, 857 , 861, 866, 882 , 912 , 936, 993 , 1018 , 1107, 1150, 1166, 1214 , 1220, 1222 , 1285, 1323 , 1328, 1356, 1403 , 1413 , 1611, 16410 1642 , 1677 , 1711 and 1824 . I I and subsequent ordinances amending Ordinance No. 1963, numbers 2384, 2391, 2414, 2680, 2769 and 2680 are hereby repealed. Section 2 . City of Kent Ordinance No. 2163 relating to traffic speed entitled: AN ORDINANCE of the City of Kent, Washington relating to traffic speed, increasing or decreasing speed limits upon certain streets, providing for regulations of traffic signals, repealing conflicting ordinances and providing for penalties for violations. and subsequent ordinances amending Ordinance No. 2163 , numbers 2210, 2240, 2265, 2305, 2399, 2491, 2589, 2660, 2706, 2821, 2845, 2934 and 3006, are hereby repealed. I Section 3. The adopting ordinance shall be published irr I a newspaper as provided in RCW 35A. 12. 160 and a copy of the State of Washington Model Traffic Code, together with its amendments, i shall be authenticated and recorded by the Clerk along with this adopting ordinance. Not less than one copy of the Model Traffic Code and its amendments shall also be filed with the City Clerk for examination by the public. i Section 4 . There is also adopted a section added to and to become part of the Kent Traffic Code in Section 3 above ! entitled "Inattentive Driving" to read as follows: I INATTENTIVE DRIVING. I ' A. It is unlawful for any person to operate a motor vehicle in an inattentive manner over the highways of the City of Kent. I - 2 - i I i i i I I B. For the purpose of this violation "inattentive" means the operation of a vehicle upon the public highways of the City in a lax or slack manner. C. The offense of operating a vehicle in an inattentive manner shall be considered to be a lesser offense than, but included in the offense of operating a vehicle in a negligent manner. D. Any person violating the provisions of this section is guilty of a traffic infraction and the mandatory penalty will be Forty Seven Dollars ($47) . Section 5. There is also adopted a section added to and to become part of the Kent Traffic Code in Section 3 above entitled "Avoidance of Intersection" to read as follows: f AVOIDANCE OF INTERSECTION. A. It is unlawful for any person operating a motor vehicle on the highways of the City of Kent to turn such vehicle either to the right or to the left upon approaching or leaving intersections and to proceed across any private property for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority. B. Penalty. i 1. Any violation of this section shall be a traffic infraction and punishable by monetary penalty of Forty �I Seven Dollars ($47) . ` 3 ` i I Section 6. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance or the invalidity of the application thereof to any person or circumstance shall not affect! the validity of the remainder of this ordinance or the validity ofl its application to other persons and circumstances. Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. I DAN KELLEHER, MAYOR ATTEST: I BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: i I ROGER A. LUBOVICH, CITY ATTORNEY PASSED the -day of , 1991. APPROVED the day of , 1991. I PUBLISHED the day of , 1991. 4 - Kent City Council Meeting Date December 3 . 1991 Category Consent Calendar 1. SUBJECT: VEHICULAR SPEED LIMITS - RESOLUTION 2. SUMMARY STATEMENT: Adoption of Resolution relating to vehicular speed limits. After adoption of the Model Traffic Ordinance (MTO) (RCW Chapter 46.90) as the Kent Traffic Code, the City may determine speed limits after a traffic investiga- tion and thereafter declare maximum speed limits on particular streets by resolution. This resolution takes the speed limits on individual streets out of the Code and follows the procedure set forth in the MTO. 3 . EXHIBITS: Resolution 4. RECOMMENDED BY: Public Works City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X 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. 3S✓ RESOLUTION NO. AN RESOLUTION of the City Council of the City of Kent, Washington, relating to vehicular speed limits on certain designated streets, as posted by official traffic control devices, pursuant to the Kent Traffic Code, Ordinance , adopting the Model Traffic Code by reference. WHEREAS, the Kent Traffic Code adopts the Model Traffic Ordinance, Chapter 46. 90 of the Revised Code of Washington (RCW) , by reference (Ordinance ) ; and WHEREAS, the Code, in Section 46.90. 270, sets forth the procedure for the local authority to determine and declare the maximum speed limits on city arterials, streets and other rights of way, and allows such to be done by resolution after an engineering and traffic investigation by the traffic engineer; and WHEREAS, a list of the speed limits on certain designated streets in the City has property been made, adopted by ordinance and codified by Kent City Code (K.C.C. ) Chapter 10. 08; and WHEREAS, K.C.C. Chapter 10. 08 has since been repealed by Ordinance No. , which adopted the MTO as the Kent Traffic Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Increasing or Decreasing Speed Limits on Certain Streets Highways or other Rights-of-Way. It is determined on the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets or portion thereof is less than, or in some cases, more than that necessary for safe 1 operation of vehicles, either because of (1) the designation and sign posting of these streets as arterial highways; (2) the existence of widely spaced intersections; or (3) the increased traffic on these streets as disclosed by traffic studies. It is hereby declared that the speed limits on such streets shall be as hereinafter set forth on the streets of portions of same listed, at the time specified, after official traffic control devices have been posted to give notice thereof; provided, that in no case shall the speed limit on City streets exceed fifty-five (55) miles per hour. Name of street or portions affected Speed limit When 1. Pacific Highway South (SR 99) from a point 530 feet south of the intersection of South 252nd Street to the intersection of Kent-Des Moines Road 45 mph At all times 2 . 30th Avenue South from the intersection of South 240th Street to the intersection of Kent-Des Moines Road (SR 516) 35 mph At all times 3 . Military Road southbound from Kent-Des Moines Road to a point 391 feet north to the inter- section of South 243rd Street 35 mph At all times 4 . Military Road from a point 391 feet north of the intersection of South 243rd Street to the inter- section of South 250th Street 35 mph At all times 5. Military Road from the inter- section of South 250th Street to a point 400 feet north of the intersection of Reith Road 40 mph At all times 6. Military Road northbound from the intersection of South 268th Street to a point 400 feet north of the intersection of Reith Road 40 mph At all times 7. Military Road from the inter- section of Kent-Des Moines Road to a point 2110 feet north of the intersection of Kent-Des Moines Road 40 mph At all times 2 Name of street or portions affected Speed limit When 8. Reith Road from the intersection of Kent-Des Moines Road to the intersection of Military Road 35 mph At all times 9. Lake Fenwick Road from the intersection of Reith Road to the intersection of South 264th Street 35 mph At all times 10. Lake Fenwick Road south- bound from the intersection of South 264th Street to Section Line 27-22-4 35 mph At all times 11. Frager Road from the inter- section of South 204th Street to the intersection of Meeker Street 25 mph At all times 12 . Russell Road from the inter- section of Meeker Street to the intersection of South 196th Street 25 mph At all times 13 . South 196th Street from the intersection of West Valley Highway (68th Avenue South) to a point 4215 feet west (Russell Road) of the inter- section of West Valley Highway 35 mph At all times 14 . West Valley Highway (68th Avenue South) northbound from a point 370 feet north of the inter- section of South 190th Street to the south right-of-way line of South 180th Street 50 mph At all times 15. West Valley Highway (68th Avenue South) from a point 370 feet north of the intersection of South 190th Street to a point 583 . 7 feet north of the inter- section of Morton Street 50 mph At all times 16. West Valley Highway (Washington Avenue) from a point 583 .7 feet north of the intersection of Morton Street to the intersection of Meeker Street 35 mph At all times 3 Name of street or portions affected Speed limit When 17. West Valley Highway (Washington Avenue) from the intersection of Meeker Street to a point 180 feet north of the intersection of South 262nd Street 40 mph At all times 18. West Valley Highway (68th Avenue South) northbound from a Section corner 25-22-4 to a point 180 feet north of the intersection of South 262nd Street 50 mph At all times 19. West Valley Highway (68th Avenue South from Section corner 25-22-4 to the north right-of-way line of South 277th Street 50 mph At all times 20. 84th Avenue South from the south right-of-way line of South 180th Street to the intersection of South 224th Street 40 mph At all times 21. 84th Avenue South from the inter- section of South 224th Street to the intersection of Novak Lane 35 mph At all times 22 . North Central Avenue from the intersection of Novak Lane to the intersection of James Street 35 mph At all times 23 . North Central Avenue from the intersection of James Street to the intersection of Meeker Street 30 mph At all times 24 . South Central Avenue from the intersection of Meeker Street to the intersection of Willis Street 30 mph At all times 25. South Central Avenue from the intersection of Willis Street to the Green River Bridge 40 mph At all times 26. Frontage Road from the inter- section of Willis Street to the intersection of South 259th Street 35 mph At all times 27 . Frontage Road from the inter- section of South 262nd Street to the intersection of South 277th Street 35 mph At all times 4 Name of street or portions affected Speed limit When 28 . North Fourth Avenue from the intersection of South 228th Street to a point 200 feet north of the intersection of Cloudy Street 35 mph At all times 29 . North Fourth Avenue from a point 200 feet north of the intersection of Cloudy Street to the inter- section of Willis Street 30 mph At all times 30. 80th Place South from 80th Avenue South to the intersection of 84th Avenue South (190th Street) 35 mph At all times 31. 104th Avenue South (SR 515) south- bound from a point 492 feet north of the intersection of SE 236th Place to a point 100 feet north of the intersection of SE 236th Place 35 mph At all times 32 . 104th Avenue SE (SR 515) from a point 100 feet north of the inter- section of SE 236th Place to a point 659 feet south of the intersection of James Street (SE 240th Street) 35 mph At all times 33 . 104th Avenue SE from the inter- section of SE 248th Street to a point 676 feet south of SE 260th Street 35 mph At all times 34 . Kent-Des Moines Road (SR 516) eastbound from a point 50 feet west of 27th Avenue South to the intersection of 30th Avenue South 35 mph At all times 35. Meeker Street from a point 686 feet from west edge of Green River Bridge to a point 500 feet west of the intersection of West Valley Highway (Washington Avenue) 40 mph At all times 36 . Meeker Street from a point 500 feet west of the inter- section of West Valley Highway (Washington Avenue) to the intersection of State Avenue 30 mph At all times 5 Name of street or portions affected Speed limit When 37 . Smith Street (SR 516) from the intersection of Lincoln Avenue to the intersection of Hazel Avenue 30 mph At all times 38. Canyon Drive (SR 516) from the intersection of Hazel Avenue to the intersection of 100th Avenue SE 40 mph At all times 39 . SE 256th Street from the inter- section of 100th Avenue SE to the intersection of 116th Avenue SE 35 mph At all times 40. Kent-Kangley Road (SR 516) from the intersection of SE 256th Street to a point 550 feet southeast of 110th Avenue SE 35 mph At all times 41. Kent-Kangley Road (SR 516) northwest bound from the west right-of-way line of 116th Avenue SE to a point 550 feet east of 110th Avenue SE 35 mph At all times 42 . Gowe Street from a point 100 feet west of the intersection of Sixth Avenue North to the intersection of State Avenue 25 mph At all times 43 . Willis Street from the inter- section of North Fourth Avenue to the intersection of South Central Avenue 30 mph At all times 44 . 97th Place South from the intersection of Canyon Drive to the intersection of Crow Street 35 mph At all times 45. SE 264th Street from the inter- section of 100th Place SE to the intersection of 108th Avenue SE 35 mph At all times 46 . South 228th Street from the intersection of Russell Road to the intersection of West Valley Highway (68th Avenue South) 35 mph At all times 6 Name of street or portions affected Speed limit When 47. South 228th Street from the intersection of West Valley Highway (68th Avenue South) to the intersection of 84th Avenue South 40 mph At all times 48. South 212th Street west City limits to the east City limits 40 mph At all times 49 . South 208th Street from the intersection of 84th Avenue South to the west quarter of Section 6-22-5 35 mph At all times 50. 116th Avenue SE southbound from a point 3446 feet north of SE 240th Street to the north right-of-way line of SE 240th Street 40 mph At all times 51. 116th Avenue SE southbound from a point 1280 feet north of SE 256th Street to the inter- section of SE 256th Street 40 mph At all times 52 . 116th Avenue SE from Kent- Kangley Road to S.E. 256th Street 35 mph At all times 53 . 116th Avenue SE southbound from a point 640 feet south of SE 256th Street to the intersection of Kent-Kangley Road 35 mph At all times 54 . SE 248th Street eastbound from a point 680 feet east of the centerline of 104th Avenue SE to a point 1299 feet west of the centerline of 116th Avenue SE 35 mph At all times 55. South 248th Street from the intersection of 94th Avenue South to a point 610 feet west of the intersection of 104th Avenue South (SR 515) 35 mph At all times 56. Reiten Road from Titus Street to Maple Street 30 mph At all times 7 Name of street or portions affected Speed limit When 57. Maple Street from Reiten Road to Tilden Avenue 30 mph At all times 58. Woodland Way South from Tilden Avenue to the intersection of SE 267th Street 30 mph At all times 59 . SE 267th Street from the inter- section of Woodland Way to a point 30 feet east of 102nd Avenue SE 30 mph At all times 60. 77th Avenue South from South 212th Street to South 206th Street 35 mph At all times 61. 77th Avenue South from South 206th Street to the cul-de-sac located at South 196th Street extended 35 mph At all times 62 . James Street from the intersection of Russell Road to the inter- section of 116th Avenue SE 35 mph At all times 63 . 76th Avenue South from the intersection of South 228th street to the intersection of South 212th Street 35 mph At all times 64 . South 190th Street from the intersection of West Valley Highway (68th Avenue South) to the intersection of South 196th Street 35 mph At all times 65. South 194th Street from the intersection of 66th Avenue South to the intersection of Russell Road 35 mph At all times 66. 70/72nd Avenue South from the intersection of South 228th Street to the intersection of South 180th Street 35 mph At all times 67. South 216th Street from the intersection of 64th Avenue South to the intersection of 72nd Avenue South 35 mph At all times 8 Name of street or portions affected Speed limit When 68 . South 220th Street from the intersection of West Valley Highway (68th Avenue South) to the intersection of 72nd Avenue South 35 mph At all times 69 . 80th Avenue South from the South right-of-way line of South 180th Street to the intersection of South 196th Street 35 mph At all times 70. SE 264th Street from the inter- section of Crow Road to the intersection of 108th Avenue SE 35 mph At all times 71. SE 260th Street from the inter- section of 97th Place South to the intersection of 108th Avenue SE 35 mph At all times 72 . 101st Avenue SE from the inter- section of SE 256th Street to the intersection of SE 260th Street 30 mph At all times 73 . Crow Road from the intersection of SE 260th Street to the intersection of SE 264th Street 35 mph At all times 74. SE 260th Street from the inter- section of 97th Place South to the intersection of 108th Avenue SE 30 mph At all times 75. SE 228th Street from the inter- section of Central Avenue to the end of the street. 25 mph At all times 76. 88th Avenue South from the intersection of South 228th Street to the east City limits 25 mph At all times 77 . South 212th (Orillia Rd. ) from the intersection of 42nd Avenue to the intersection of Frager Road 40 mph At all times 78 . On 108th Ave. S.E. from Kent Kangley Road to the city limits 35 mph At all times 9 Section 2 . The City Traffic Engineer shall take what-ever steps are necessary to comply with all statutory directives regarding. approval of the state of these speed limits, posting of official traffic control devices and the regulation of timing of traffic signals, as set forth in the Kent City Code, (the MTO, adopted by reference) in Sections RCW 46.90. 270, 46. 61.415, and all other applicable sections of the Code. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1991. Concurred in by the Mayor of the City of Kent, this day of 1991. DAN KELLEHER, MAYOR _ ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, the day of _ , 1991. (SEAL) BRENDA JACOBER, DEPUTY CITY CLERK SPEEDLIMAES 10 Al f Kent City Council Meeting Date December 3 1991 Category Consent Calendar 1. SUBJECT: BICYCLE ADVISORY BOARD - RESOLUTION 2 . SIIMMARY STATEMENT: Adoption of Resolution organizing a board to advise the City on various bicycling issues, specifically including bicycle safety, bicycle pathways and bicycle commuting. l : 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Public Safely (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds th'�. DISCUSSION• ACTION• Council Agenda Item No. 3N RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, stating the intent of the Kent City Council to create the Kent Bicycle Advisory Board, describing its formation, constitution and duties with regard to bicycling in the City. WHEREAS, it is an indisputable fact of urban life that the bicycle is a popular and viable means of personal transportation; and WHEREAS, the role of the bicycle as a mode of personal transportation in Kent will continue to increase in importance in coming years; and WHEREAS, the city Council intends that a comprehensive bikeway plan be developed and adopted in order to promote the use of bicycling as a mode of urban transportation in the City; and WHEREAS, bikeways and paths such as the Interurban trails, the Green River corridor trail and the Soos Creek trail are intensively used for commuting, recreation, and other bike trips; and WHEREAS, traffic congestion, limited parking facilities, increasing fuel costs, concern for personal health, and energy shortages have combined to make the bicycle an increasingly attractive alternative to unrestrictive use of the automobile; and r. WHEREAS, promoting the safety and well-being of those who use bicycles for all transportation purposes is a responsibility of the City; and WHEREAS, the active involvement of the bicycle enthusiasts in the form of an organized board to advise municipal authorities is vital to insure proper development of the bicycling environment and any comprehensive bikeway plan for the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Intent. That it is the intent of the City Council to create the Kent Bicycle Advisory Board to advise the City Council, the Mayor, and all departments and offices of the City on matters related to bicycling including the impact City actions may have upon bicycling. Such Board shall have the opportunity to contribute in an advisory capacity to all aspects of the City's planning processes insofar as they may relate to bicycling. Section 2 . Board Formation & Constitution. That the Kent Bicycle Advisory Board shall be composed of no more than 11 members appointed by the Mayor, subject to confirmation by the City Council to serve staggered terms of one and two years. The Board shall serve under the direction of the Mayor subject to Council directives, and shall receive technical support from City staff as set forth below. In order to provide the most diverse representation possible on the Board its members should, to the extent possible, consist of representatives of: 2 a. Bike and cycling organizations; b. Bicycle dealers; C. Organizations concerned with safety; d. Representatives of business organizations; e. Interested private citizens concerned with urban cycling issues. The foregoing members shall be the only voting members of the Board. Section 3 . Duties & Responsibilities of Board. The Board shall review proposals concerning bicycling and bicyclists in the City and advise the Mayor and City Council, representatives from the following City departments and offices who are so delegated by the Department Head. Th( --#-e-1 --members" shall be--nonvoting-members of the Advisory Board-and--sfiaTl--pro`ide ,technical assistance and provide input as neededo a. Engineering Department; rL . , b. Parks & Recreation Department; 4 C. Police Department; d. Planning; and �' e. Finance. '4 a In addition, the Board shall : a. Assist in the formulation of Kent's Comprehensive Bikeway Plan. b. Review proposals and plans for spot improvements n � and bikeways. C. Promote bicycling as a viable form of urban transportation. d. Promote improved safety to reduce accidents and thefts of bicycles by educating both youth and 3 adult cyclists, by evaluating and recommending changes in design standards for on-street and off- street bikeways, trails, and paths accessible to bicyclists and for secured parking racks and lockers. e. Develop possible demonstration projects to encourage commuting through provision of safe, accessible routes, secure parking facilities, and facilities for commuter clean-up and changing from riding to work clothes. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1991. Concurred in by the Mayor of the City of Kent, this day of , 1991. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 4 Kent City Council Meeting j Date December 3 , 1991 Category Other Business 1. SUBJECT: BUSINESS LICENSE ORDINANCE 2 . SUMMARY STATEMENT: Ordinance repealing Kent City Code Chapter 5 . 02 on General Business Licenses and adopting a new General License Code to update issuance and administration of business licenses . Our present General Business License Code is outdated and does not reflect the current method of administering and issuing business licenses . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Planning City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance repealing Kent City Code Chapter 5. 02 on General Business Licenses and adopting a new General License Code. DISCUSSION: ACTION• Council Agenda Item No. 4A ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to business licenses, amending the Business License Code by deleting the existing chapter and adding a new Chapter 5. 02 in the Kent City Code (repealing Ordinances 1774 , 1919 and 2383) ; establishing a uniform system for the issuance, renewal, revocation and suspension of general business licenses and prescribing penalties for violations. i WHEREAS, the City of Kent may, under general law and ; P ursuant to RCW 35A.82 . 020, license, revoke the same for cause, !i I1make inspections and otherwise regulate all kinds of businesses, occupations, trades, professions and any other lawful activity in the City; and i it WHEREAS, in order to aid in the implementation of local it regulatory ordinances and state law, it is also necessary to obtain information relating to the hours worked by employees in businesses within the City, which information can best be obtained from businesses at the time of business license application and renewal ; 'I and WHEREAS, the City' s current General Business License Code, as contained in Kent City Code Chapter 5 . 02 is incomplete, outdated and does not describe an efficient manner of business license administration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT HEREBY ORDAINS AS FOLLOWS : I 'I i I III SecSection1. Ordinance !`Y. 4 , entitled: AN ORDINANCE containing all general license provisions of the City of Kent; requiring compliance by persons required to ob tain tain licenses; establishing a uniform system for the issuance of such licenses; 't of the City in forth th e authority Y g License Officer; prescribing penalties for the violation of its provisions; and repealing certain portions of previous ordinances. and Ordinance 1919 , entitled: AN ORDINANCE of the City of Kent, Washington, providing for a procedure for the revocation of Kent Business Licenses. jand Ordinance 2383 , entitled: AN ORDINANCE of the City of Kent, Washington, relating to business licenses; amending Chapter 5. 02 (Ordinance No. 1744 and 1919) of the Kent City Code, "General Business Licenses; " establishing license fees, and providing penalties for violation of the City Code; and repealing Ordinance No. 1344 . '! and all other ordinances or parts of ordinances in conflict ; herewith are repealed. Section 2 . The General Business License Code, Kent City Code (K.C. C. ) Chapter 5 . 02 is hereby amended by deleting the entire ' chapter and adding the following: III i i j 2 Chapter 5.02 GENERAL BUSINESS LICENSES 5. 02 .020. This ordinance shall constitute the "Business iLicense Code" of the City of Kent, and may be cited as such. 5. 02 . 040 . Power to license for regulation and/or ! I revenue. This ordinance is adopted by the City of Kent, exercising ; �iits power authorized under general law to license and revoke the ( same for cause, to regulate, make inspections and to impose excises for revenue or regulation in regard to all places and kinds of li lbusiness, occupations, trades, professions and any other lawful activity (as such power is described in the Revised Code of .iiWashington (RCW) 35A.82 . 020) . The provisions of this ordinance ;! shall be liberally construed for the accomplishment of such 1purposes. 5.02 .060 . Definitions. The words and phrases used in this ordinance, except where the same shall be clearly contrary to or inconsistent with the context of the ordinance or the section in ' which used, shall be construed as follows: A. "Business" means all activities, occupations, i professions and matter s engaged in or located 'ts rofes trades pursuits, p P ( within the City or within the City' s jurisdiction, whether operated ; with the object of gain, benefit, advantage or profit, or operated ! not for profit, to the business enterprise or to another person, ( directly or indirectly. This ordinance shall not apply to any ;! business or business enterprise that the City is forbidden by law Ito tax. 3 !I i �� cation at which �� means each to "Business Enterprise" m B. Busi p a person engages in business within the City. III ' C. "City" means the City of Kent, Washington. i I� D. "Director" means the Director of Planning of the lCity, or his/her designee. !' E. "Department" means the Department of Planning of the City. F. "Employee" means any person employed at any business lienterprise who performs any part of his/her duties within the City, 'lexcept casual laborers not employed in the usual course of j ( business. A sole proprietor is not an "employee. " All officers, , agents, dealers, franchisees, etc. , of a corporation or business ( trust, and all but one partner of a partnership (except limited , ; partners) are "employees" within this definition. G. "Engage in Business" means to commence, conduct or ; continue in any business. jH. "Full-time Employee" means an employee working more ' than one thousand six hundred (1, 600) hours per annum, including ( legal holidays and vacation time, during the twelve (12) month !i jperiod upon which the license fee is computed. n I . "Person" means any individual, partnership, company, !,lor a person acting in a fiduciary capacity. 4 i I J. "Quarterly Period" means each three (3) Month ( periods of the calendar year: January 1 through March 31, April 1 jthrough June 30, July 1 through September 30 and October 1 through ( December 31 of each year. i 5 .02 .080. Administration and Enforcement. A. The Director, under the authority granted pursuant to the Revised Code of Washington (RCW) Chapter 35A and the Kent City Code, shall have general charge of, and supervision over, the ' is ordinance, and shall , administration and enforcement of th exercise such power and perform all the duties imposed upon him/her Iby this ordinance through the Department. B. The Director may call upon other City departments to ; aid in the enforcement of this ordinance, and it shall be the duty iof all department heads to report any violations of this ordinance : to the Director. C. The Director, in the discharge of such powers and duties, is authorized to inspect all relevant reports, books, records and premises of any licensee; provided that the results of ' any such inspection shall be confidential unless a hearing is j ( requested under the provisions of this ordinance in connection with ' the license held by such licensee. D. The Director shall establish administrative rules ,,land regulations consistent with this ordinance for the purpose of i H enforcing and carrying out its provisions. i I I 5 � I i i I 5. 02 . 100 General Business License Required. I+• is unlawful for any person to conduct, operate, engage in or practice any business in the City without having first obtained a general ibusiness license for the current calendar year or unexpired portion ithereof, and paying the fees prescribed herein; provided that, ( persons under the age of eighteen (18) years shall not be required to have a business license. 5.02 . 120. Separate General Business License Required. iA separate license shall be obtained for each branch, establishment or location at which the business related activity is carried on, iand each license shall authorize the licensee to carry on, pursue or conduct only that business, or business enterprise at that �ilocation. When the place of business of a business enterprise is changed, the licensee shall return the license to the Department jand a new license shall be issued for the new place of business ( free of charge, provided that the criteria for issuance, as set ' forth in section 5 . 02 . 200 herein are met at the new location. i I 5. 02 . 140 . Licenses Not Transferable. No license issued under the provisions of this ordinance shall be transferable or i assignable, unless specifically otherwise provided for; except that la license may be transferred when a business owner incorporates and l iretains one hundred percent (100%) ownership of the stock or when a one hundred percent (100%) stockholder changes the corporate form of the business but retains one hundred percent (10o%) ownership of l ( stock. 5. 02 . 160 . License to be Posted. All licenses issued I pursuant to this ordinance authorizing the operation or conducting of any occupation, business, trade or entertainment at a specified 6 I I i' I, I i ( , location shall be posted in a conspicuous place at such location. ' Such license shall be displayed by the licensee at the request of Many interested person. 5.02.180. Disclaimer of City Liability. I �i Issuance of a license pursuant to this ordinance does not constitute the creation of a duty by the City to indemnify the Illicensee for any wrongful acts against the public, or to guarantee the quality of goods, services or expertise of a licensee, or to otherwise shift responsibility from the licensee to the City for !, 1proper training, conduct or equipment of the licensee or his/her j agents, employees or representatives, even if specific regulations I require standards of training, conduct or inspection. I 5.02 .200 General Qualifications of Licensees. I� A. No license shall be issued, nor shall any license be '' renewed, pursuant to the provisions of this general license :lordinance to: 'i 1. An applicant who is not eighteen years of age , at the time of application; 2 . An applicant who has had a similar license revoked or suspended pursuant to Section 5 . 02 . 300 of this ; ordinance; or i i 3 . An applicant who shall not first comply with the general laws of the State of Washington; or �I I I I 7 1, 4 . An applicant who seeks such a license in order 'to practice some illegal act or some act injurious to the public jhealth or safety. B. Any person may submit complaints or objections to i lithe Director regarding the application for any license, and the Director is additionally authorized to request and receive I ! information from all City departments as will tend to aid the lI �ihim/her in determining whether to issue or deny the license. Such ; information shall be confidential unless a hearing is requested on ithe application, or if the applicant shall request the information lin writing. All information, complaints or objections shall be jinvestigated and considered by the Director prior to issuing, i! denying or renewing any license. l I j 5.02 .220 . Application Procedure, License Fee. i A. The Director is authorized to prepare a schedule of '; fees for general business licenses hereafter issued, and when approved by the City Council by resolution, such schedule shall ! govern the amount of the license fee. i ; I � B. The business owner shall make application for any business license required under this ordinance to the Director on la form prepared by the Department, which application shall be accompanied by a receipt from the Department showing payment of the ( required fee. Business licenses shall be granted to continue for a period of one year from the date of issuance. If the application iIis made within six (6) months of the date fixed for expiration, the fee shall be one half the annual fee. III i I 8 !I I I � i I I i III it C. Each business license owner shall file with the City, copies of the quarterly reports that the owner files with the State Department of Labor and Industries reporting the employee !Ihours worked. The reports shall be filed with the City Finance Department on a quarterly basis. Businesses not filing such a report may file an affidavit with the City reporting employee hours Iliworked. I i 5.02 .240. Approval of Business License. All licenses approved for issuance by the Director shall be conditioned upon ; compliance at all times with all applicable ordinances, regulations and statutes of the City and the State of Washington. 'I 5.02.260. Renewal. The Director is authorized, but not li required, to mail the forms for application of business license renewals to business enterprises in the City. Failure of the ( business enterprise to receive any such form shall not excuse the I 1 business enterprise from making application for and securing the II ; required license or renewal , or for payment of the license fee when !land as due hereunder. �' II i 5.02.280 . Overpayment of License Fee. Whenever a j' business enterprise makes an overpayment, and within two (2) years after the date of such overpayment, makes an application for a refund or credit for the overpayment, the claim shall be considered by the Director, and if approved, shall be repaid from the I fund. 5. 02. 300. Denial, Revocation or Suspension of License -- I �l Generally. I I 9 i I i I ! I I ! A. In addition to the other penalties provided by law, j , the Director may deny, revoke or suspend any business license issued under the provisions of this ordinance (or its predecessor) at any time, where the same was: I 1. Procured by fraud, false representation or ;;material omission of fact, or for the violation of, or tailure to I comply with any of the provisions of this ordinance by the person holding such license, or any of his/her servants, agents or employees, while acting within the scope of their employment; or i 2 . If the licensee, any of his/her servants, agents or employees, while acting in the scope of their employment, violate any law, ordinance or statute of the City or State of I Washington, or if the purpose for which the license was issued is being abused to the detriment of the public, or if such license is ilbeing used for a purpose different from that for which it was [ issued. No license shall be revoked or suspended except in laccordance with the procedures provided in this ordinance. I B. The period of revocation will be set by the iDirector, but shall be at least one (1) year, and the licensee jshall not again be licensed for the same kind of business during such period. The period of suspension shall be fixed by the I ! Director at not less than ten (10) nor more than sixty (60) days. I C. It is unlawful for any person whose license has been ; revoked or suspended to continue operation of the business i enterprise, or to keep the license issued to him/her in his/her 1possession and control, and the same shall immediately be surrendered to the Director. When revoked, the license shall be li 10 i i I li I canceled, and when suspended, the Director shall retain it during I the period of suspension. �I 5.20.320. Denial of License -- Request for Hearing. Upon denial of a license, the Director shall, by certified mail, I' give written notice of such action to the applicant, which notice i jshall include a written report summarizing the complaints, objections and information received and considered by the Director and further stating the basis for such action. Any applicant whose application is denied may, within ten (10) days after notice of ( denial as provided in this ordinance, request a hearing in writing Ion such denial before the Hearing Examiner. Any license for which lrenewal has been denied shall remain in effect pending the determination made as a result of such Hearing Examiner hearing. J!; If no request for hearing is received within the time specified, ,, the Director' s decision shall be final. 5.20.340. suspension or Revocation Procedure. i A. Actions to suspend or revoke any license shall be i commenced by filing with the Department a written complaint setting forth in specific terms the basis therefor. A copy of such I j complaint shall be mailed by certified mail to the licensee at his tlast address as shown by the license records of the Director, and shall be accompanied by a notice that the license may be suspended j i or revoked. I ! I B. The licensee shall , within ten (10) days after receiving any such complaint, mail by certified mail to the complainant and file with the Director his/her written answer which I; shall admit or deny the allegations of the complaint. If the i I 11 ! i licensee desires a hearing in such action, he/she shall request the same in his/her answer and submit to the Department the filing fee ' therewith. The Director shall transmit the answer and the fee to the Hearing Examiner. C. Upon failure of any licensee to file an answer as ( provided in this section, or in the event that no hearing is requested, the Director shall investigate the allegations of the lcomplaint, and if cause exists therefor may suspend or revoke the license, and otherwise he/she shall dismiss the complaint; provided 11that if the Director finds upon a sufficient showing that the , conduct complained of has been corrected and is unlikely to be 11 ( repeated, he/she may dismiss such complaint; and provided further, that the complaint shall be dismissed where the conduct complained 11 iof has been corrected. i D. Notice of the action of the Director summarizing ! his/her findings and conclusions shall be mailed by certified mail to the complainant and to the licensee. E. In all cases in which a complaint is dismissed other : than upon a written agreement between the complainant and licensee, the complainant may, within ten (10) days of the mailing of the notice of the Director' s action, request a hearing on such dismissal , in writing together with the appropriate Hearing Examiner filing fee, both of which the Director shall transmit to the Hearing Examiner. F. The hearing on the denial, suspension or revocation !' 1 of a license before the Hearing Examiner shall be held according to ' ! the procedures set forth in Chapter 2 . 54 . 100 (A) of the Kent City I it 12 illy i I,I i �I 11 I i i i lCode. The Hearing Examiner' s decision on such business license . shall represent the final action by the City, unless an appeal is made to the Superior Court of King County, within ten days after (', issuance of such decision. G. When a hearing has been requested by a licensee in connection with the suspension or revocation of a license, the license shall remain in effect pending the determination made as a result of such hearing; provided that in cases involving a substantial threat to the public health, safety or welfare, the license may be summarily suspended and in such case the date for hearing shall be set within five (5) days following such �Isuspension. i 5.20.360. Penalties. liA. Monetary Penalties. i 1. Penalty for operation of a business enterprise n without a license shall be not less than 2 . Failure to pay the license fee within thirty (30) days after the date of expiration, pursuant to Section i 5 . 02 . 220 shall be cause for the automatic revocation of the ibusiness license. There shall be a penalty of not less than i i j dollars ($_. 00) to reinstate any license revoked through ', nonpayment, in addition to the required license fee. B. Collection. Any license fee or tax due and unpaid and delinquent under this ordinance, and all penalties thereon may 13 I be collected ;-)y civil action, which remedy shall be in addition to !, lany and all other existing remedies and penalties. C. Criminal Penalties. Any business licensee who violates or fails to comply with any of the provisions of this ordinance or other lawful rule or ordinance adopted by the City i pursuant thereto, shall upon conviction be punished as described in the general criminal penalty provisions of K.C.C. Section 1. 10. 020. D. Penalties Cumulative. Any business enterprise which 11 engages in, or carries on, any business required to be licensed i hereunder without having a general business license shall be guilty of a separate violation of this ordinance for each day during which ( the business is so engaged in, or carried on. i i 5.20.380. General Business License Application -- Public ( Record. General business license applications made to the Director pursuant to this ordinance shall be public information subject to I inspection by all persons except to the extent those records may be Ideemed to be private or would result in unfair competitive ! disadvantage to such business enterprise if disclosed, all as more i particularly described in Chapter 42 . 17 RCW. I� Section 3 . Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section ;' or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity �i of the remainder of this ordinance, or the validity of its application to other persons and circumstances. l i II 14 i I I II Section 4 . Effective date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and approval . i i DAN KELLEHER, MAYOR I ATTEST: j I IBRENDA JACOBER, DEPUTY CITY CLERK it I I �IAPPROVED AS TO FORM: II I ROGER A. LUBOVICH, CITY ATTORNEY ! PASSED the day of , 1991 • : APPROVED the day of , 1991. � I I ( PUBLISHED the day of , 1991. I I II I hereby certify that this is a true and correct copy of lordinance No. passed by the City Council of the City of i i� Kent, Washington, and approved by the Mayor of the City of Kent as ( hereon indicated. I (SEAL) j BRENDA JACOBER, DEPUTY CITY CLERK I bus Iic.ord II ' I ! 15 I I �I I ............................ v Kent City Council Meeting " Date December 3 , 1991 Category Other Business 1. SUBJECT: HEARING EXAMINER ORDINANCE 2 . SUMMARY STATEMENT: As a result of the adoption of the Multi-Family Design Review Ordinance and the new General Business License Code, the Hearing Examiner's duties must be amended to include appeals from these applications. In addition, State law requires that the Hearing Examiner issue a decision on an appeal within ten working days following the hearing, and so the code has been changed to reflect this. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Planning City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS- 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance amending Section 2 . 54 . 100 and 2 . 54 . 140 of the Kent City Code relating to the duties of the Land Use Hearing Examiner. DISCUSSION• ACTION• Council Agenda Item No. 4B4 i I I� I I ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to the duties and appeal procedures of the Land Use Hearing Examiner, amending Section 2 . 54 . 100 and 2 . 54 . 140 of the Kent City Code (amending Ordinances 2802, 2469, and 2233) . WHEREAS, Kent City Code (K.C. C. ) Section 2 . 54 . 100 I describes the duties of the Land Use Hearing Examiner for the i City of Kent, by providing an exhaustive list of all of the types of appeals heard by the Examiner; and I� ICI (i WHEREAS, by adoption of the Multi-Family Design Review and amendment of the General Business License Ordinances, more 11types of appeals must be added to this list; and WHEREAS, K.C.C. Section 2 . 54 . 140 also must be amended, lsince it provides that the Hearing Examiner shall issue a written j ( decision within fourteen days of the conclusion of the public ' hearing on a matter, which is inconsistent with the authorizing statute, which provides that the Hearing Examiner shall issue his � or her written opinion within ten working days following conclusion of testimony and hearings (RCW 35A. 63 . 170) ; NOW, THEREFORE, i I� I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: i ' Section 1. Kent City Code Section 2 .54 . 100 (as last i amended by Ordinances 2802, 2469 and 2233) , is hereby amended to read as follows: 2.54. 100. DUTIEf; OF THE EXAMINER. I � I A. Applications. 1. The Examiner shall receive and examine available information, conduct public hearings, prepare a record i thereof, and enter findings of fact and conclusions based upon these facts, which conclusions shall represent the final action on the application, unless appealed, as hereinbelow specified, for the following types of applications: ( ( ) ) a. Conditional use permits; ( ( ) ) b. Shoreline permits; ( (3—) ) c. Sign variances; ( (4—. ) ) d. Planned Unit Developments; e. Multi-Family Design Review; and f. Business Licenses (denials , revocations) . 2 . The Examiner shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the City Council, for the following applications: a. Rezones; b. Preliminary plats; C. Special use combining i districts, including mobile home park combining districts. d. Initial zoning designations for I annexed areas or zoning designations for proposed annexations to become effective upon annexation. I if 2 i 3 . The Examiner shall also conduct public j. hearings when required under the provisions of the State Environmental Policy Act; conduct public hearings relative to possible revocation of any conditional use permit; conduct such i other hearings as the Council may for time to time deem appropriate. i i B. Recommendation or Decision. 1. The Examiner' s recommendation or decision may be to grant or deny the application, or the Examiner may recommend or require of the applicant such conditions, modifications and restrictions as the Examiner finds necessary to make the application compatible with its environment and carry out the objectives and goals of the comprehensive plan, the zoning code, the subdivision code, and other codes and ordinances of the City. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of additional road rights-of-way. Performance bonds may be re-required to insure compliance with conditions, modifications and restrictions. I 2 . In regard to applications for rezones, ! preliminary and final plat approval and special use combining districts, the Examiner' s findings and conclusions shall be j submitted to the City Council, which shall have the final i I authority to act on such applications. The hearing by the ( Examiner shall constitute the hearing by the City Council. I I Section 2 . K.C.C. Section 2 . 54 . 140 (Section 14 of lOrdinance 2233) is hereby amended to read as follows: I Ii i 3 2 .54. 140 EXAMINER'S DECISION AND RECOMMENDATION — FINDINGS REQUIRED. When the Examiner renders a decision or recommendation, the Examiner shall make and enter written findings from the record and conclusions therefrom which support such decision, which decision shall be rendered within ten working days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to in writing by the i F l dar days ± i applicant and the Hearing Examiner. ( (Lv�rrccen caLeiiaaz cso.I�- i it. eenelusien of the h j ) ) The copy of such decision, including findings and conclusions, shall be transmitted by certified mail, return receipt requested, to the applicant and other parties of record in the case requesting the same. In the case of applications requiring Council approval, the Examiner shall file a decision with the City Council at the expiration of the period provided for a rehearing, i if one is conducted or within ten working days following conclusion of all testimony and rehearings on the matter ( (er within €earteen days of the eenelusien e f a rehearing) ) . Section 3 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its lipassage, approval and publication as provided by law. KELLEHER DAN , MAYOR 1 ATTEST: I � I 'iBRENDA JACOBER, DEPUTY CITY CLERK ;I i !i i 4 Kent City Council Meeting Date December 3 , 1991 Category Other Business 1. SUBJECT: FIRE PERMIT FEE 2 , SUMMARY STATEMENT: At the present time, the permit fees are issued under the Uniform Fire Code. The adoption of this ordinance would remove the fee schedule from ordinance form and authorize the Fire Chief to prepare a fee schedule commensurate with the cost of administration and inspection involved in the processing, issuance and renewal of such permits and certificates; which schedule would be approved by Council resolution. The fee schedule shall govern the amount of fees for any permit or certificate authorized under the Uniform Fire Code. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY:Public Safety Committee and Fire/Building Dept. (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OK FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds adoption of Ordinance related to Kent City Code Section 13 . 02 . 020. DISCUSSION: ACTION• Council Agen4a Item No. 4C 4 I ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to permits issued under the Kent Fire Code, removing the monetary permit fee from the Code to reflect the adoption of same by the City Council, upon recommendation of the Fire Chief, amending Kent City Code Section j 13 . 02 . 020 (Ordinances 2920 and 2663 . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES I' HEREBY ORDAIN AS FOLLOWS: !' Section 1. Section 13 . 02 . 020 of the Kent City Code (Ordinances 2920 and 2663) is amended to read as follows: I± 13 . 02. 020. UNIFORM FIRE CODE — ADDITION — j; SECTION 4. 109 . Article 4 of the Uniform Fire Code, 1988 Edition, is amended by adding a new section thereto, which shall be '! designated as Section 4. 109 and which shall read as follows: i Section 1. I PERMIT FEES. The Fire Chief is authorized to 'I prepare a schedule of fees applicable to fire permits and ;; certificates hereafter issued, commensurate with the cost of ii ladministration and inspection involved in the processing, ' issuance and renewal of such permits and certificates. Any such i� schedule when adopted by the City Council by resolution, shall I. ' govern the amount of the fee for any permit or certificate, which shall be collected by the Fire Department as a condition to I' i I issuance or renewal. �"t- F".. .— ` tm F R permits .�. 4-3 aanee } , l be^$3s ea per year-, sueh permit e renewal theree€:- : AeiTei , under �' f t a f _ ed the ! permitsmere than ene .tif ieates -y Ine -- ae ,_ice-3FIte-a 015 - 09ICI fee. ) ) i Section 2 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. I' DAN KELLEHER, MAYOR ATTEST: I i BRENDA JACOBER, DEPUTY CITY CLERK li I APPROVED AS TO FORM: i ROGER A. LUBOVICH, CITY ATTORNEY I i i i I 2 Kent City Council Meeting Date December 3 . 1991 Category Other Business 1. SUBJECT: PLUMBING PERMIT FETE 2 . SUMMARY STATEMENT: At the present time, the permit fees are issued under the Uniform Plumbing Code. The adoption of this ordinance would remove the fee schedule from ordinance form and would authorize the Fire Chief to prepare a fee schedule commensurate with the cost of administration and inspection involved in the processing, issuance and renewal of plumbing Permits; which schedule would be approved by Council resolution. The fee schedule shall govern the amount of fees for Plumbing Permits authorized under the Uniform Plumbing Code. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY:Public Safety Committee and Fire/Building Dent. (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds adoption of ordinance related to the Kent City Code Section 14. 16 . 070. DISCUSSION: ACTION• Council Agenda Item No. 4D✓ i I i I 1 ORDINANCE NO. _ I AN ORDINANCE of the City of Kent, Washington, relating to the plumbing code, amending the monetary permit fees to reflect the adoption of same by the City Council, upon recommendation of the Building Official, amending Kent City Code Section 14 . 16. 070 (Ordinances 2921, 2639, 2517 and 2200) . i j THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES i HEREBY ORDAIN AS FOLLOWS: i Section 1. Kent City Code Section 14 . 16. 010 (Ordinances j I2921, 2639, 2517 and 2200) is amended to read as follows: j 14. 16. 010 UNIFORM PLUMBING CODE ADOPTED - !IAMENDMENTS. There is adopted by reference upon the filing of one ii I copy with the Kent City Clerk, that certain code known as the I I Uniform Plumbing Code 1988 Edition, with the following additions: j D. Section 20. 7 is amended to read as follows: Cost of Permit. Every applicant for a permit to do i work regulated by this Code shall state in writing, on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information, pertinent thereto, as may be required. i I I The Building official is authorized to prepare a schedule of fees apulicable to plumbing Permits hereafter issued, j commensurate with the cost of administration and inspection involved in the__processina and issuance of such permits. Any i such schedule when adopted by the City Council by resolution, j shall govern the amount of the fee for any permit which shall be collected by the Fire Department as a condition to issuance. ( (Sueh applieant shall-gay-€e -----eh permit, at she time issuanee, a F in aeeardanee with the fellewing sehedule and t the ate ded fe eaeh elassifleatien srhewn herein. ) ) ii Any person who shall commence any work for which a !i permit is required by this Code without having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work, provided, however, that this provisions shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. For the purpose of this section, a sanitary j plumbing outlet on or to which a plumbing fixture or appliance I� j may be set or attached shall be construed to be a fixture. Fees i ;.. for reconnection and retest of plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas j systems, water heaters, etc. , involved. ;i j When interceptor traps or mobile home site traps it are installed at the same time as a building sewer on any lot, no �I 2 I i i sewer permit shall be required for the connection of any such trap to an appropriate inlet fitting provided in the building sewer by the permittee constructing such sewer. i When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling of ( private sewage disposal facilities abandoned consequent to such connection is included in the permit. i ( ( . in additien ' ��g water ainag piping Fer ,. building sewer and eaeh trailer- park .ior � nn Rainwater Systefas per . drain . . . . . . . . ieutlets . . . . . eutlet Fer ea: O i its s-r g trap ent, t ki � t r-a tallatien, alteratien Fer '^ ]:awn sprinkle baek fl en tanks, vats, ete e�erinstal: at .� ene . . . . . . . . . . . . ) ) 'I I I I 3 �� I Section 2 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its i passage, approval and publication as provided by law. DAN KELLEHER, MAYOR I ' ATTEST: I I I BRENDA JACOBER, DEPUTY CITY CLERK i APPROVED AS TO FORM: �I ROGER A. LUBOVICH, CITY ATTORNEY I; I 'i PASSED the day of , 1991 '! APPROVED the day of , 1991 !I PUBLISHED the day of , 1991 I hereby certify that this is a true copy of Ordinance j No. , passed by the City Council of the City of Kent, j Washington, and approved by the Mayor of the City of Kent as j jhereon indicated. ii (SEAL) I BRENDA JACOBER, DEPUTY CITY CLERK I' it UPC ORD 4 � I Kent City Council Meeting Date December 3 , 1991 Category Other Business 1. SUBJECT: BUILDING PERMIT FEE 2 . SUMMARY STATEMENT: At the present time, the permit fees are issued under the Uniform Building Code. The adoption of this ordinance would remove the fee schedule from ordinance form and would authorize the Fire Chief to prepare a fee schedule commensurate with the cost of administration and inspection involved in the processing, issuance and renewal of Building Permits; which schedule would be approved by Council resolution. The fee schedule shall govern the amount of fees for Building Permits authorized under the Uniform Building Code. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY:Public Safety Committee and Fire/Building Dept. (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO / ` YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds adoption of Ordinance related to the Kent city Code Section 14 . 04 . 010. DISCUSSION• ACTION• Council Agenda Item No. 4E I ( i I i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to building permits, amending the City's Building Code to clarify the fee schedule for the pro- cessing and issuance of building permits under the Code, amending Kent City Code Section 14. 04 . 010 (Ordinances 2921, 2639, 2517 and 2199) . i THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: ( Section 1. Kent City Code Section 14 . 04 . 010 (Ordinances I 2921, 2639 , 2517 and 2199) is hereby amended to read as follows: i ( i 14. 04. 010. ADOPTED. There is adopted upon the i jfiling of one copy thereof with the Kent City Clerk, certain code known as the Uniform Building Code, 1988 Edition, with the following additions and amendments: I i D. Section 304 . "Fees, " shall be amended to read as follows: I Sec. 304. (a) General. Fees shall be assessed i in accordance with the provisions of this section_ ( (ems shall be as set c..rth in the fee ,.hedele a,aep ,a by the i • ) ) I. 'I i I i, Section 2 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: V CH ROGER A. LUBO I , CITY ATTORNEY PASSED the day of , 1991 i APPROVED the day of , 1991 PUBLISHED the day of , 1991 i I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) II BRENDA JACOBER, DEPUTY CITY CLERK UBCORD I I! 2 Kent City Council Meeting Date December 3. 1991 Category Other Business 1. SUBJECT: MECHANICAL PERMIT FEE 2 . SUmmARY STATEMENT: At the present time, the permit fees are issued under the Uniform Mechanical Code. The adoption of this ordinance would remove the fee schedule from ordinance form and would authorize the Fire Chief to prepare a fee schedule commensurate with the cost of administration and inspection involved in the processing, issuance and renewal of Mechanical Permits; which schedule would be approved by Council resolution. The fee schedule shall govern the amount of fees for Mechanical Permits authorized under the Uniform Mechanical Code. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY:Public Safety Committee and Fire/Building Dept. (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO /L YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds adoption of Ordinance related to the Kent City Code Section 14 . 14 . 020. DISCUSSION• ACTION• Council AgenSia Item No. 4F✓ I i i i I i 1 i III I� ORDINANCE N0. i AN ORDINANCE of the City of Kent, Washington, relating to mechanical permits, amending the City' s Mechanical Code to clarify the fee schedule for the processing and issuance of mechanical permits under the Code, by adding a new section 14 . 14 . 020 (Ordinance 2921, 2639 and 2517) . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES jHEREBY ORDAIN AS FOLLOWS: I I � I Section 1. Kent City Code, is hereby amended to add the following new section 14 . 14 . 020: 14. 14 . 020. FEES. Section 304 of the Uniform iMechanical Code is amended to read as follows: Sec. 304 (a) General. Fees shall be assessed in accordance with the provisions of this section. ( (er shall be as set €erth in the fee sehedule adep ed b.r__this 1 sdie,-; ) ) Section 2 . Effective Date. This ordinance shall take �+ effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. I 'I DAN KELLEHER, MAYOR I Kent City Council Meeting Date December 3 . 1991 Category Other Business 1. SUBJECT: FEES FOR PERMITS UNDER THE BUILDING, FIRE, PLUMBING, AND MECHANICAL CODES 2 . SUMMARY STATEMENT: This resolution will enable the City of Kent's administrative authority in charge of enforcing the codes to prepare a schedule of fees applicable to the various types of permits. The schedules adopted by this resolution shall govern the amount of the fee. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY:Public Safety Committee and Fire/Building Dept. (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO I\ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds adoption of Resolution adopting a schedule of fees for permits under the Kent City Code Section 14. 04. 010. DISCUSSION• ACTION• Council Agenda Item No. 4G✓ RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington adopting a schedule of fees for permits under the Building, Fire, Plumbing, and Mechanical Codes, all as required by Kent City Code Sections 14 . 04 . 010 (Section 304 (b) , (c) and Table 3-A) of the Uniform Building Code) ; 13 . 02. 020 (Section 4. 109 of the Uniform Fire Code) ; 14. 16. 010 (Section 20. 7 of the Uniform Plumbing Code) ; 14. 14 . 010 (Section 304 (b) and (c) of the Uniform Mechanical Code) . WHEREAS, the City of Kent has adopted a number of uniform codes which allow the administrative authority in charge of enforcing the codes to approve and issue permits under the City' s adopted building, fire, plumbing and mechanical codes; and WHEREAS, the administrative authority is directed in the uniform codes (adopted by their respective ordinances) , to prepare a schedule of fees applicable to the various types of permits, in amounts commensurate with the costs of administration and inspection involved in the processing and issuance of the permit thereby granted; and WHEREAS, any such schedules adopted by the City Council by resolution shall govern the amount of the fee, which shall be collected as a condition to processing and prior to issuance of any such permit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following schedules of fees shall govern the monetary charges for the processing and issuance of Building, Fire, Plumbing and Mechanical Permits, as such may hereafter be issued by the Fire Department of the City of Kent: A. Building Permits: Fees shall be as set forth in the 1988 Building Code, (adopted in K.C.C. Section 14. 04.010) Section 304 (b) , (c) and Table 3-A. B. Fire Permits or Certificates: Fees shall be $75. 00 per year. Whenever more than one permit or certificate is required for the same location, such permits or certificates may be consolidated into a single permit or certificate, with a single, noncompounding, $75.00 fee. C. Mechanical Permits: Fees shall be as set forth in the 1988 Uniform Mechanical Code (adopted in K.C.C. Section 14. 14 . 010) Section 304 (b) and (c) . D. Plumbing Permits: Fees shall be as set forth in the 1991 Plumbing Code, Section 20. 7, or as set forth below: Permit Issuance 1. For issuing each permit . . . . . . . . . . . . . $20. 00 2 . For issuing each supplemental permit . . . . . . . $10. 00 Unit Fee Schedule (in addition to Items 1 and 2 above) 1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefor) . . . $7 . 00 2 . For each building sewer and each trailer park sewer . . . . . $15. 00 3 . Rainwater systems — per drain (inside building) $7 . 00 4 . For each cesspool (where permitted) . . . . . . . $25. 00 5. For each private sewage disposal system . . . . . $40. 00 6. For each water heater and/or vent . . . . $7 . 00 7 . For each gas-piping system of one to five outlets $5. 00 8 . For each additional gas piping system out, per outlet . . $1.00 9 . For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen- type grease interceptors functioning as fixture traps . . . . . . . . . . . . . . . . . . . . . . $7 . 00 2 10. For each installation, alteration or repair of water piping and/or water treating equipment, each . . . . . . . . . . . . . . . $7. 00 11. For each repair or alteration of drainage or vent piping, each fixture . . . . . . . . . . . . . . . $7. 00 12 . For each lawn sprinkler system on anyone meter including backflow protection devices therefor $7 . 00 13 . For atmospheric-type vacuum breakers not included in Item 12: 1 to 5 . . . . . . . . . . . . . . . . . . . . . . $5. 00 over 5, each . . . . . . . . . . . . . . . $1. 00 14 . For each backflow protective device other than atmospheric type vacuum breakers: 2 inch diameter and smaller . . . . . . . . . $7. 00 over 2 inch diameter . . . . . . . . . . . . . . . $15. 00 Other Inspections and Fees 1. Inspections outside of normal business hours . . . $30. 00* 2 . Reinspection fee . . . . . . . . . . $30. 00 3 . Inspections for which no fee is specifically indicated . . . . . . . . . $30. 00* 4. Additional plan review required by changes, additions or revisions to approved plans, (minimum charge — one-half hour) . . . . . . . . $30. 00* * Or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1991. Concurred in by the Mayor of the City of Kent, this day of , 1991. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK 3 Kent City Council Meeting Date December 3 , 1991 Category Other Business 1. SUBJECT: SENIOR HOUSING CONTRACT - ORDINANCE AND CONTRACT 2. SUMMARY STATEMENT: The final contract of sale for the Senior Housing Project between the City, the Bellewood Corporation and the King County Housing Authority requires City Council approval before construction can commence. Council is asked to pass an ordinance approving the contract and authorizing its execution. 3 . EXHIBITS: Contract for sale for Kent Senior Housing Project, Project budget analysis. Note: Contract is enclosed minus all exhibits, except exhibit 5 containing legal description of property. Full contract with exhibits is on file in City Clerk's Office. 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: O YES X FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $7 355 325 (when Project is completed) SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember " ' moves, Councilmember ' : l,> _seconds adoption of ordinance approving the Contract of Sale for the Kent Senior Housing\Project and authorizing its execution. DISCUSSION• ACTION: Council Agenda Item No. 4H ✓ SENIOR HOUSING PROJECT BUDGET 11/22/91 Projected Costs Bellewood• s Original Proposal $6,766,824 Post Proposal Items (1) 382 , 681 Parking Lot Acquisition/Improvement (2) 175, 850 Bellewood's Total Contract $7 , 325, 355 Bond Counsel/Clerk Of The Works 1361000 City' s Contingency 253 , 845 Total $7 ,715, 200 (1) See attachment for itemized list. (2) Additional parking beyond code requirement to enhance project. See attachment for detailed breakdown of costs . Projected Revenues Bond $6, 7001000 HTF Loan (3) 265, 200 HOF Grant 250, 000 Estimated interest on bond ($260, 000 to date) 500, 000 Total $7,715, 200 (3) No interest, 20 year loan will be repaid by King County Housing Authority Senior Housing Project Post Proposal Items The following list reflects the addition of items funded from the State Housing Trust Fund for $265, 200 and the King County Housing opportunity Fund for $250, 000. The additional improvements were recommended by the Senior Housing Support Services Committee comprised of staff from both the City and the King County Housing Authority. Two additional units $101, 944 Additional building space 57 ,708 Increase frail elderly units to 18 21,779 Additional concrete walks 31961 Extend water main for improved fire flow 111, 675 Gas fireplace in entry lounge area 41159 State energy code window replacement 18, 975 State energy code unit air change fans and timers 15, 395 HVAC 47 , 085 Grand Total $382 , 681 Parking Lot Acquisition And Development Cost Estimates 11/1/91 Demolition and disposal of structure $101000 Clearing and grading 41000 Storm system engineering and work 12 , 580 Soil work 2 ,970 Paving and striping 61000 Curbing 2 , 000 Landscaping and irrigation 4 , 600 Survey, engineering and architectural fees 61900 Permit fees 500 Financing fee and interest 11,400 WSST on material 11475 Site Cost 107, 000 Closing costs 21500 Overall Cost Estimate $171., 925 Developer Profit 3 ,925 Grand Total $175, 850 i i I � ORDINANCE NO. i AN ORDINANCE of the City of Kent, Washington, authorizing execution of a Contract of Sale for the Kent Senior Housing Project between the City of Kent, the King County Housing Authority, and Bellewood Corporation. i li WHEREAS, on November 6, 1990, the City Council approved the issuance of 6.7 million dollars in general obligation bonds for the construction of senior housing in the City of Kent, and Ion November 21, 1990, the City issued and delivered those bonds; i and i WHEREAS, the cities in the State of Washington under ( ; existing state law do not have the authority to own and operate I flow income housing facilities; and i WHEREAS, the King County Housing Authority is legally lauthorized to develop, own and manage housing for low income senior citizens; and I WHEREAS, the Kent Senior Housing Advisory Committee has i recommended that the Authority own and operate Kent senior citizen housing; and j 'I WHEREAS, pursuant to a request for proposal, Developer submitted a proposal for the construction and sale of senior housing units in the City of Kent, which proposal was accepted by the Kent City Council on or about June 4 , 1991; and �I � I i III � III I WHEREAS, on or about June 13 , 1991, the City of Kent I and the King County Housing Authority entered into a Housing ; Cooperation Agreement for the Housing Authority to own and ,{ operate Kent senior citizen housing; and WHEREAS, on or about June 13, 1991, the Developer and IlCity entered into a "Preliminary Agreement to Contract for Sale ' for the Kent Senior Housing Project" ; and i WHEREAS, the parties are now desirous of entering into i a Contract of Sale for the Kent Senior Housing Project; NOW, THEREFORE, I it THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES ( HEREBY ORDAIN AS FOLLOWS: Section 1. The City Administration is hereby authorized to execute an agreement between the City of Kent, the ,lKing County Housing Authority, and the Bellewood Corporation for '; the purpose of developing, owning and operating senior citizen housing in the City of Kent pursuant to the terms and conditions I land in a form substantially similar to the Contract of Sale for Kent Senior Housing Project currently on file with the City Clerk. j Section 2 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. I DAN KELLEHER, MAYOR 2 �f l I, i I, i ATTEST: I i BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: I � ROGER A. LUBOVICH, CITY ATTORNEY i I PASSED the day of . 1991- APPROVED the day of , 1991• PUBLISHED the day of 1991• i I I hereby certify that this is a true and correct copy 11of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. I I I (SEAL) BRENDA JACOBER, DEPUTY CITY CLERK I i I I srhs.ord 3 i After recording return to: City Attorney's Office City of Kent 220 Fourth Ave. S. Kent, WA 98032 CONTRACT OF SALE FOR KENT SENIOR HOUSING PROJECT BETWEEN THE CITY OF KENT AND BELLEWOOD CORPORATION AND KING COUNTY HOUSING AUTHORITY TABLE OF CONTENTS Page I. DEFINITIONS 2 II. PURPOSE AND PROPERTY IDENTIFICATION 5 III. THE PROJECT 5 IV. PURCHASE PRICE 9 V. PERFORMANCE 9 VI. RISK OF LOSS 16 VII. FINAL CERTIFICATION OF COMPLETION 16 VIII. WARRANTIES 17 1 IX. PROHIBITION AGAINST TRANSFER OF CONTRACT OR PROPERTY 18 X. THIRD PARTIES 19 XI, PREVAILING WAGE 19 XII. OTHER PROVISIONS 20 i CONTRACT EXHIBITS Exhibit 1 Legal Description Exhibit 2 Housing Cooperation Agreement Exhibit 3 Preliminary Agreement to Contract for Sale for the Kent Senior Housing Project plus exhibits Exhibit 4 Project Manual Exhibit 5 Amended and Modified Plans ii CONTRACT OF SALE FOR KENT SENIOR HOUSING PROJECT THIS AGREEMENT is entered into this day of 11 1991, by and between the Bellewood Corporation, a Washington corporation, hereinafter referred to as "DEVELOPER" and the City of Kent, Washington, a municipal corporation created and organized pursuant to and in accordance with provisions of the Revised Code of Washington, hereinafter referred to as "CITY", and the Housing Authority of the County of King, Washington, a public corporation, hereinafter referred to as "HOUSING AUTHORITY" . WHEREAS, on November 6, 1990, the City Council of the City of Kent approved the issuance of $6. 7 million in general obligation bonds for the construction of senior housing in the City of Kent, and on November 21, 1990, the City issued and delivered those bonds; and WHEREAS, cities in the State of Washington under existing law do not have the authority to own and operate low income housing facilities; and WHEREAS, the King County Housing Authority is legally authorized to develop, own and manage housing for low income senior citizens; and WHEREAS, pursuant to a request for proposal, Developer submitted a proposal for the construction and sale of senior housing units in the City of Kent, which proposal was accepted by the Kent City Council on or about June 4, 1991; and WHEREAS, on or about June 13, 1991, the City of Kent and the King County Housing Authority entered into a Housing Cooperation Agreement for the Housing Authority to own and operate Kent senior citizen housing; and WHEREAS, on or about June 13, 1991, the Developer and City entered into a "Preliminary Agreement to Contract for Sale for the Kent Senior Housing Project" ; and WHEREAS, the parties are now desirous of entering into a Contract of Sale for the Kent Senior Housing Project; NOW, THEREFORE, the parties agree as follows: I. DEFINITIONS The following words and terms have the following meanings for purposes of this Agreement: 1. "Authority" or "Housing Authority" means the Housing Authority of the County of King. 2. "Bond" or "bonds" means any or all of the general obligation bonds of the City issued November 21, 1990 pursuant to the ordinance. 3. "City" means City of Kent, Washington. 2 4. ,City's Contracting Authority" means City Administration. 5. "Contract" means contract of sale. 6. "Contract of Sale" means the final contract between the City and Developer for development and sale of the Senior Housing Project. 7. "Contract work" means the construction work to be performed under this contract. 8. "Developer" means the Bellewood Corporation. 9. "Low income seniors" means individuals or members of a household living as a single residential unit meeting the following requirements. A. The head of a household or spouse is a senior, and B. The individual, or the household collectively lacks the amount of income (which income shall not exceed eighty percent (80%) of median income for King County or such other income level as shall be set by subsequent ordinance of the City) , necessary to enable them without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding, as determined by the Housing Authority pursuant to RCW 35.82 . 020 (10) . The above income levels and limitations may be amended by the Housing Authority in accordance with RCW 35. 82 .020 (10) subject to approval by ordinance of the City to reflect changing economic or social conditions as long as the 3 general purpose of the Ordinance to provide additional housing for low income senior persons is being accomplished. 10. "Ordinance" means, collectively, Kent City Ordinance No. 2875 submitting the proposition whether to issue bonds to finance housing for low income senior citizens to the electors of the City and Ordinance No. 2948 authorizing the issuance of bonds to provide capital funds for the Project. 11. "Project" means the work or undertaking by the City and Developer, including the planning, design, purchase, acquisition, development, construction, equipping or rehabilitation of property, dwelling units and related facilities to be occupied by low income seniors pursuant to the ordinance and this Agreement. 12. "Proposal" means the Developer's proposal submitted on or about March 15, 1991 in response to the City's Request for Proposal for development of the Senior Housing Project. 13 . "Purchase price" means the total price for the project. 14 . "Request for Proposal" means the revised Request for Proposal issued by the City for development of the Senior Housing Project. 15. "Senior" means over the age of 62 years. 16. "Substantial completion" means the point where the contract work is in good and tenantable condition and there are no deficiencies other than punch list and items awaiting seasonal opportunity to complete. 4 II PURPOSE AND PROPERTY IDENTIFICATION The purpose of this Agreement is to formulate the negotiated terms for the Contract of Sale for 94 senior housing dwelling units and related appurtenances to be developed by Developer and conveyed to the Housing Authority for ownership and operation of senior housing dwelling units in the City of Kent. The property is to be developed upon land proposed by the Developer situated in the City of Kent, Washington, as described in the legal description attached hereto as Exhibit 1. This Contract of Sale supplements the Housing Cooperation Agreement executed by and between the City and the Housing Authority on or about June 13, 1991 (said Agreement attached hereto as Exhibit 2) and the Preliminary Agreement to Contract for Sale for the Kent Senior Housing Project executed by Developer and City on or about June 13, 1991 (said Agreement and exhibits attached hereto as Exhibit 3) . Exhibits 2 and 3 are hereby incorporated into this Agreement by reference and shall be fully enforceable as modified herein as to their respective parties. The terms and conditions shall remain in full force and effect to the extent that they are not amended or otherwise modified by the terms and conditions of this Contract of Sale. To the extent that the terms and conditions of this Agreement are inconsistent with the terms and conditions set forth in Exhibits 2 and 3 , the terms of this Agreement shall prevail. III. THE PROJECT 1. Identification of the Proiect. The project to be conveyed to the Housing Authority pursuant to the terms of this Agreement shall consist of 94 5 senior housing dwelling units and related appurtenances as described in the plans and specifications of Exhibit 3 as supplemented, amended and updated pursuant to the specifications and conditions set forth in the project manual attached hereto as Exhibit 4, and the amended and modified plans attached hereto as Exhibit 5. The specifications and plans in Exhibit 3, the project manual attached as Exhibit 4, and plans set forth in Exhibit 5 will hereafter collectively be referred to as "plans and specifications". 2. Improvements. A. Compliance with Laws. The completed improvements of the project shall be developed and constructed in accordance with all applicable federal, state, local laws, codes, ordinances and regulations. B. Specifications. It is expressly understood and agreed by the parties hereto that those technical specifications set forth in Exhibit 3 and as updated in Exhibit 5 not specifically waived by the City are part of this Contract. Developer acknowledges that it has read and is familiar with the specifications and acknowledges that said specifications are part of this Contract and will be complied with unless specifically waived as set forth herein. C. Construction and Design. The design and development of the structures and the living units as well as the project as a whole shall comply with the plans and technical specifications set forth in Exhibits 3, 4, and 5 and shall be subject to modifications as agreed to in this contract. Developer shall be responsible for delivery of the improvements in good and tenantable condition. In no event shall the project contain less than 94 living units which shall be of a quality not 6 less than specified herein. Added to the Developer's proposal are Design Features and Considerations as set forth in Exhibit 3 (attached thereto as Exhibit C) and as may be modified herein. Review or approval by the City and the Housing Authority of the working drawings, specifications or other documents shall not relieve Developer of its responsibility set forth herein. Developer shall have full and sole responsibility for subsurface investigations and foundation design, for any changes in details, dimensions or materials required to produce the complete improvements in accordance with paragraph B and for correction of any defects arising out of any design deficiencies. D. Site Plan. The parties acknowledge that the site plan as proposed by the Developer in the Developer's proposal (see Exhibit 3) has been modified and that the Developer will develop the project pursuant to the modified site plan as set forth in Exhibit 5. E. Furnishings. Developer will equip all units with appliances as set forth in the technical specifications and Developer's proposal. Additionally, Developer shall provide furnishings to common areas, offices and related areas as set forth in Exhibit 3 (attached thereto as Exhibit E) and as may be modified herein or, at the option of the City, shall provide the amounts set forth for these furnishings, as an allowance item to the City. F. Support Service Requirements. Certain support service requirements are necessary and desirable for the successful operation of the Project, therefore, the parties agree that the Project will be constructed and developed to incorporate the support service needs as set forth in the support services specifications established by the Senior Housing Support Services Committee contained in Exhibit 3 and as may be updated as set 7 forth in Exhibit 5 attached. The development will take into consideration all of the elements set forth in said exhibits in order to implement the support services program as outlined by the committee and those that may be subsequently developed by the parties hereto to incorporate the intent of the committee. G. Unforeseen Conditions. It is acknowledged that the Developer has proposed a site and design in response to the City's Request for Proposal. The Developer further acknowledges that it has reviewed the proposed site, the City development codes and regulations, the technical specifications and proposal requirements as well as all relevant documents, is familiar with the permitting process with the City, has met with numerous staff personnel for compliance with all permitting processes and design specifications, and is familiar with the needs of the City and the Housing Authority for this particular project. Developer agrees it will assume any and all unforeseen conditions which may result in additional cost to the Developer at Developer's sole cost and expense, excepting unforeseen conditions solely at the control of the City's Contracting Authority. H. Additional Land Acquisition. The legal description of the property set forth in Exhibit 5 includes an addition of a parcel of land to the project deemed desirable to enhance parking and use of the facilities for its intended purpose. This additional parcel of land, located at 625 West Harrison Street, will be acquired by the Developer as part of its proposal to the City. The purchase price set forth in this contract includes the addition of this parcel of property to the project. 8 IV. PURCHASE PRICE 1. The purchase price for the project is $7, 325,355.00. The purchase price shall be due and payable as follows: The purchase price, minus any amounts withheld pursuant to paragraph VIII (2) below (warranty deposit or bond) , upon closing of the sale as set forth in this Agreement, at which time the project shall be substantially complete, minus a retainer of $50,000.00 or an amount as otherwise provided, as set forth in paragraph V (6) (C) below (retainage for punch list and assessments) , which amount will be paid upon final completion of the punch list items. 2 . The purchase price shall be subject to adjustments agreed to by reason of changes in the contract work pursuant to Section V (3) of this contract. 3. It is understood that all contract obligations and duties must comply with and be subject to the Ordinance and the Bonds defined terms. In no event shall any price modifications be based upon reduced costs attributed to lower quality of construction, finishing, landscaping or other amenities. V. PERFORMANCE 1. Commencement and Completion of Work. The Developer shall commence the contract work no later than The Developer shall substantially complete the contract work no later than Closing of the sale following substantial completion shall be held at the city offices of the City of Kent or at such place as 9 otherwise designated by the parties hereto. The closing shall be performed pursuant to the terms set forth in paragraph V (6) below. The Developer shall commence the contract work not later than the date specified in this contract, shall prosecute the contract work with such diligence as will ensure substantial completion by the date specified in -this contract, and shall substantially complete work by such date. 2. Default and Termination. A. If the Developer fails to expeditiously continue the undertaking of the project or to comply with this contract, or if this contract be held void, voidable, or ultra vires, or if the power or right of the Developer to enter into this contract is drawn into question in any legal proceeding or if the Developer asserts or claims that this contract is not binding upon the Developer for any such reason, or if Developer becomes insolvent or otherwise fails to complete the project, the occurrence of any such event shall be deemed a default hereunder. B. If Developer fails to commence, diligently prosecute or substantially complete the contract work in accordance with the contract or otherwise defaults in its performance hereunder, City may terminate the contract by notice to the Developer, and in such case, Developer shall not be entitled to any compensation. If the City is entitled to terminate the contract at any given time but omits to do so, such omission shall not be construed as, or constitute a waiver of, the City's right to subsequently terminate the contract. Should this Agreement be terminated by any party hereto, then the City may terminate the agreements set forth in Exhibits 2 and 3 hereto without cost to the City. 10 C. Developer shall, within ten (10) working days from the beginning of any delays, notify City in writing of delays in construction of improvements and the causes for such delays. D. At substantial completion of the contract work, the City shall determine the number of calendar days, if any, by which substantial completion of the .project was delayed beyond the date specified in this contract, and the reasons for the delay. To the extent that the delay is determined by the City to be the result of unforeseen causes (such as fire, flood, epidemic, strikes, unusually severe weather, or acts of the federal government or the City) beyond the control of the Developer and without the fault or negligence of the Developer, and such causes of delay were reported to the City in accordance with paragraph 2 (C) above, the time for substantial completion of the project shall be extended for the number of days that 1 substantial completion is delayed due to these causes. 3. Changes in the Work. No changes in the contract work shall be made without a written agreement executed by the Developer and City. Such agreement shall state changes, if any, in the terms of this contract concerning purchase price and/or time for commencement and/or substantial completion of the contract work. 4. Inspections. A. The City shall make periodic inspections to determine conformity with this contract. The Housing Authority will also make periodic inspections for the same purpose. Comments concerning inspections by City or the Housing Authority shall only be communicated to the Developer through City. The City may appoint a project architect or other representative who 11 shall be an agent of the City and who shall be the City's representative during the construction period. The agent shall, at all times, have access to the property whenever work is in preparation and progress. The agent shall make periodic visits to the site to observe the progress and quality of the work. B. City shall notify Developer as soon as possible any observed defects or deficiencies in the improvements. Developer shall promptly correct any defects or deficiencies. Failure of the City to observe defects shall not relieve Developer of liability to cure the same. C. Notwithstanding any provisions of this contract concerning inspections by City and the Housing Authority, it is expressly agreed that the Developer shall be solely responsible for timely completion of the project, in accordance with all contract requirements, and failure of City or the Housing Authority to make inspections or to provide reports of the inspections shall not diminish or affect such responsibility. 5. Final Inspection Acceptance. A. Developer shall notify City in writing of the date when, in Developer's opinion, the contract work will be substantially completed. Unless City has determined, and so notifies the Developer, that the contract work is not substantially completed, City shall promptly arrange for a joint final inspection by the City, Developer and the Housing Authority. B. If the inspection set forth above has disclosed that the contract work is substantially completed: (1) The City shall provide appropriate certification to Developer describing the punch list items to complete. 12 (2) The Developer shall deliver to the City certification that: (a) The work has been completed in accordance with this contract except for the punch list items that have been identified. (b) There are no defects or deficiencies in the work except such listed items. (c) The work is in good and tenantable condition. (3) The City and Developer shall agree on a proposed time schedule for completion of the items. C. If the City and Developer disagree with determinations made by the City of punch list items or that the work is in good and tenantable condition, as represented by the Developer, or of amounts necessary to correct such items, the Developer may submit to the City a written statement of its position with substantiation. City shall then respond within ten (10) working days of receipt of said substantiation its determination. 6. Settlement. A. Settlement shall occur within thirty (30) days after substantial completion of the improvements unless an extension is mutually agreed upon by the parties hereto. At settlement, the Developer shall deliver the following to the City: (1) Certification that Developer has complied with Washington State wage and hour laws regarding prevailing wage rates and certification that to the best of Developer's knowledge and belief there are no claims of underpayment and alleged violation of any provisions of wage and hour laws. In 13 the event of any pending claims known to Developer, Developer shall place a sufficient amount, as determined by City, in escrow to be held by City to assure payments. (2) A certificate of occupancy. (3) As-built drawings of the work showing any changes from the plans set forth in ,Exhibit 5 together with as- built surveys which shall include locations of underground utilities and appurtenances. (4) A general warranty deed conveying the completed project to the Housing Authority, or as otherwise directed by the City, free and clear from all encumbrances, liens or claims, except easements of record on date of execution hereof and the terms and conditions of the Environmental Mitigation Agreement executed by Bellewood Corporation on or about August 20, 1991, vesting merchantable title in the Housing Authority or as otherwise directed. Said title shall contain language providing that title to the project shall transfer and/or revert to the City should a Kent Housing Authority be established or should the City establish or direct another entity to operate the project for the City or should the City decide not to operate low income housing in Kent or should the Housing Cooperation Agreement otherwise be terminated. (5) A title insurance policy naming City and Housing Authority as their interests appear on title, or assigns as beneficiary, in the full amount of the purchase price of the project. (6) A release and hold harmless agreement by Developer in a form satisfactory to City to include Developer's release of any and all claims under the contract, except amounts as listed in the release and hold harmless agreement withheld by City in accordance with this contract. 14 (7) Assignment to Housing Authority of all guarantees and warranties relating to the improvements in material and equipment included therein. Developer shall be obligated for the duration of these guarantees and warranties to assist the Housing Authority in asserting rights hereunder as may be required. B. Water, electricity, other utilities and operating charges and current taxes and assessments are to be adjusted to the date of settlement. All delinquent taxes and assessments, and encumbrances (excepting the Environmental Mitigation Agreement for the 272nd/277th corridor executed by Bellewood Corporation on or about August 20, 1991, which is anticipated to be recorded against the subject property at the time of acquisition of the same by the Developer and prior to the time of conveyance to the Housing Authority) which are a lien against the property at the time of conveyance to the Housing Authority shall be satisfied of record by the Developer at or before the transfer of title and, if the Developer fails to do so, the City or Housing Authority may pay any such delinquent taxes and assessments, and encumbrances which are a lien against the property. The amount of any such payments by the City or Housing Authority shall be deducted from the purchase price of the property. Any outstanding special assessments, or future installments thereon, remaining unpaid against the property shall be paid in full at the time of closing by the Developer. All written notices of violations of municipal orders or requirements noted or issued by legal authority, or affecting the property at the time of settlement, shall be complied with by the Developer and the property conveyed free thereof. C. Upon satisfaction by the Developer of all the requirements of this section, the City shall pay to Developer the 15 purchase price as adjusted in accordance with Section B above minus the following withholdings: (1) An amount equal to one and one-half times the amount certified by the City as necessary to complete the punch list items or the retainage amount set forth above, whichever is greater. D. City shall pay the cost of preparation of the general warranty deed and the costs incidental to the execution and recordation thereof. Developer shall pay for a title insurance policy and all documentary stamps and taxes applicable to this transaction. All other escrow and settlement costs shall be divided between City and Developer. E. Settlement shall be held at the office of the City or at such other place as City shall designate. F. Possession shall be delivered to the City at the time of closing and the Housing Authority shall have the right of occupancy from that time. VI. RISK OF LOSS The risk of loss or damage to the property by fire or other casualty until the deed of conveyance is delivered is assumed by the Developer. Insurance coverage from the time of conveyance shall be the responsibility of the City. VII. FINAL CERTIFICATION OF COMPLETION The Developer shall complete the punch list items in accordance with the time schedule for completion of the items. Developer shall be paid for such items only after inspection and acceptance by the City. City shall not accept any item if there 16 is a dispute as to whether such item has been completed. If City is satisfied that Developer has completed the items listed and has complied with all provisions of the contract, the City shall release to the Developer any amount withheld with respect to the items listed for completion. yIII. WARRANTIES 1. Developer shall promptly remedy any defects due to faulty materials or workmanship which may appear within the warranty periods and pay for any damage to other work resulting from such defects. The warranty period shall be one year from the date of approval of the Final Certificate of Completion for all items completed. I 2. As assurance for the performance of the Developer's obligations under paragraph (1) of this Section, the City shall withhold from the Purchase Price an amount equal to two and one- half percent (2-1/2%) of the cost of improvements to the land including all structures. The withheld amount shall be used to pay the actual cost or expense necessary for performance of such obligations. Promptly after the expiration of the warranty period, City shall pay to Developer any balance of such withheld amount not required for such performance, as determined by the City. No interest shall accrue to the Developer on the withheld amount. As an alternative to withholding, the Developer may furnish the City with a warranty bond in an amount equal to two and one-half percent (2-1/2%) of the cost of improvements to the land including all structures. 17 3. All warranties provided by Developer shall be fully assignable and shall automatically transfer to the City in the event the project is transferred to the City during the duration of said warranties, it being acknowledged that the warranties are for the benefit of the City and Housing Authority as their interests appear herein. IX PROHIBITION AGAINST TRANSFER OF CONTRACT OR PROPERTY The Developer agrees that it has not made, and will not make or agree to make, any sale, assignment, conveyance, or transfer in any other form, of this contract or the property, or any part thereof or any interest therein, without the consent of the City, except as follows: 1. To a mortgagee for the purpose of obtaining financing of the completion of the project. To this extent, the City and Housing Authority agree to execute an assignment of interest to Developer's lender reasonably necessary for Developer to secure financing for the project. For the purposes of this article, a transfer of stock in the Developer, in whole or in part, by a party holding ten percent or more of the stock of the Developer, or any other similarly significant change in the ownership of such stock or in the relative distribution thereof, or with respect to the parties in control of the Developer or the degree thereof, by any other method or means, whether by increased capitalization, merger with another corporation, corporate or other amendments, issuance of new or additional stock or classification of stock or otherwise, shall be deemed an assignment or conveyance with respect to this 18 Contract or the Property. With respect to this provision, the Developer and the parties signing this contract on behalf of the Developer represent that they have the authority of all of its existing stockholders and/or governing bodies to agree to this provision on its behalf and to bind it with respect thereto. The Developer agrees to notify the City promptly of any such proposed transfer and to request written approval thereof. X. THIRD PARTIES 1. Nothing in this contract shall be construed to create any relationship between: A. ' Developer's lender or any subcontractor or supplier on the one hand, and B. The City or the Housing Authority on the other. No action may be brought by Developer's lender or any other subcontractor or supplier against City or the Housing Authority based on this contract. 2 . Developer shall insert in any subcontracts a similar provision as set forth in this section indicating that this contract shall not be construed to create any relationship between Developer's lender or any subcontractor or supplier and the City or the Housing Authority. XI PREVAILING WAGE No workman, laborer, or mechanic employed in the performance of any part of this contract shall be paid less than the "prevailing rate of wage" as determined by the industrial statistician of the Department of Labor and Industries of the 19 State of Washington. Developer agrees to comply in all respects with RCW 39.12 and to indemnify, defend and hold the City harmless from any and all claims that result from failure to comply with the prevailing rate of wage pursuant to RCW 39.12. XII. OTHER PROVISIONS 1. Waiver and Modification. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the parties hereto. 2 . Entire Agreement. The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the parties hereto, and such statements shall not be effective or be construed as entering into forming a part of, or altering in any manner whatsoever, this Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement, and the addenda attached hereto, and any and all bid proposal-related documents, which may or may not have been executed prior to the execution of this Agreement. 3. Legal Representation. The parties hereto acknowledge that the Kent City Attorney's Office represented the City of Kent in the negotiations and execution of this Agreement. It is further acknowledged that all of the parties hereto have been represented by legal counsel or have had an opportunity to be represented by legal counsel with respect to the negotiations and execution of this Agreement. 20 4. Recordation. This agreement excluding the exhibits (with the exception of Exhibit 1 containing legal descriptions and Exhibit 2 consisting of the Housing Cooperation Agreement) shall be recorded at or before closing of the sale. The warranty deed transferring title at closing of this transaction shall contain language setting forth the reversionary interests herein and shall be recorded at closing of the transaction contemplated herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above by and through their duly authorized representative. HOUSING AUTHORITY OF THE CITY OF KENT COUNTY OF KING, WASHINGTON By: BY: Jim Wiley Judy Woods Executive Director Mayor Pro Tem BELLEWOOD CORPORATION By: Its: 21 APPROVED AS TO FORM: Roger A. Lubovich City Attorney seniorhs.doc 22 LEGAL DESCRIPTION 1. PARCEL A: LOT 11 BLOCK 16, YESLER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED SMITH STREET, NORTH OF AND ADJACENT TO SAID LOT 1 AS ATTACHED BY OPERATION OF LAW BY ORDINANCE NO. 1457. PARCEL B: LOT 17, BLOCK 16, YESLER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY, NORTH OF AND ADJACENT TO SAID LOT 17 AS ATTACHED BY OPERATION OF LAW BY ORDINANCE NO. 1260. BOTH SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 2 . THE EAST HALF OF LOT 181 BLOCK 16, YESLER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH VACATED ALLEY ADJOINING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 3 . LOTS 2 THROUGH 71 LESS THE EAST 46.97 FEET OF LOT 71 TOGETHER WITH THE VACATED STREET AND ALLEY ADJACENT THERETO; EXCEPT THE SOUTH HALF OF THE VACATED ALLEY ADJACENT TO LOT 2, BLOCK 16, YESLER'S FIRST ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 4 . THE WEST HALF OF LOT 18, BLOCK 16, YESLER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXHIBIT 1 HOUSING COOPERATION AGREEMENT EXHIBIT 2 PRELIMINARY AGREEMENT TO CONTRACT FOR SALE FOR THE RENT SENIOR HOUSING PROJECT PLUS EXHIBITS EXHIBIT 3 PROJECT MANUAL ., . CIS EXHIBIT 4 AMENDED AND MODIFIED PLANS EXHIBIT 5 Kent City Council Meeting Date December 3 . 1991 Category Bids 1. SUBJECT: STREET SWEEPING SERVICES 2. SUNIMY STATEMENT: Bid opening was November 15. Four bids were received, three of which were non-responsive bids due to errors in their submittals. The remaining bid was submitted by Action Building Maintenance, Inc. in the amount of $131,468. After review of the alternatives of this contract, it has been recommended to IBC, the Public Works Committee and Operations Committee that the contract be awarded with the additional funds needed being taken from the Sewerage Utility. l rla y`�\ •l�r V l 3 rEZHIBITS: Bid summary, memorandum from Public Works Director `,` __4_. "RECOMIIEI�IDED SY: _ _ _(Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGISTED FISCAL/PERSONNEL IMPACT: O YES _ FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember oves, Councilmember s ' i seconds that the bid submitted by Action Building Maintenance, Inc. in the amount of $131,468 be accepted and the contract for the street sweeping service be awarded. DISCUSSION: ACTION: Council Agenda Item No. 5A MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- sltbject: STREET SWEEPING CONTRACT - FISCAL NOTE actor: Tony MCCARTHY / KENT70/FN Dated: 11/27/91 at 0827. THE PUBLIC WORKS DEPARTMENT IS REQUESTING AUTHORIZATION TO SIGN A CONTRACT FOR STREET SWEEPING. THE LOW BID WAS $131,468, BUT ONLY $60,000 IS PROVIDED IN THE SEWERAGE FUND FOR THIS SERVICE. THE PUBLIC WORKS DEPARTMENT HAD REQUESTED $150, 000 BUT SINCE THE CURRENT CONTRACT WAS FOR $60,000, ONLY $60,000 WAS PROVIDED. THE IBC REVIEWED THE REQUEST NOTING THAT THE PUBLIC WORKS DEPARTMENT LOOKED AT THE OPTION OF REJECTING ALL BIDS AND READVERTISING AT A LOWER SERVICE LEVEL. THE IBC NOTED THAT A LOWER SERVICE LEVEL WHILE REQUIRING FEWER SWEEPS WOULD TAKE MORE TIME AND WOULD REQUIRE THE SAME AMOUNT OF DISPOSAL COSTS. BECAUSE OF THIS, THE IBC FELT THAT A REBID WOULD ONLY REDUCE THE SERVICE LEVEL WITHOUT SIGNIFICANTLY REDUCING THE COSTS. THE IBC THEREFORE RECOMMENDS APPROVAL, NOTING THAT THE OPTION ANALYSIS PREPARED BY PUBLIC WORKS SHOULD BE DONE ON FOR ALL EXPENDITURE REQUESTS. NO BUDGET CHANGE WILL BE MADE. THE COSTS WILL BE ABSORBED WITHIN THE 1992 SEWERAGE FUND BUDGET. DEPARTMENT OF PUBLIC WORKS November 22, 1991 TO: PUBLIC WORKS COMMT TEE FROM: DON WICKSTROM C�Lu RE: 1992-1994 STREET SWEEPING CONTRACT Bids were opened on November 15th for the above subject street sweeping contract. Four bids were received (see bid summary) ; however, only one bid, that of Action Building Maintenance, Inc. , was responsive. Their total bid was $131,468 per year. The City's existing sweeping contract expires December 31, 1991. Our contractor, Gomez Construction, has, as of November, gone out of business. Prior to doing so, he did make arrangements with Redansa, Inc. to complete his contractual obligation at no additional cost to the City. Gomez Construction's contract was for $60, 00 per year. The Public Works Department requested $150,000 in the 1992 storm drainage utility budget for same but only $60, 000 was approved. 14 Two possible options are available: Option 1 Reject bids and readvertise with a lower service level. The following table denotes the present contractual service level and a possible alternative thereto. Sweeping Schedule Bid Alternative CBD Core Area 3x' s weekly Once weekly Arterial Streets Once weekly Twice monthly Valley Floor & Residential Twice monthly Once monthly The ramifications thereof are: 1) The streets will be obviously be dirtier and, as such, citizen and business complaints will increase; 2) The street sweeping contract amount will be less. Whether it will be within the budget is questionable. Less frequent sweeping means more dirt to be picked up with each sweeping. As such, a slower speed or an additional pass may be necessary to clean a street. Also, more dirt means more trips associated with unloading the sweeper. All this relates to a higher per unit cost. Additionally, a smaller contract may deter bidder interest in the Public Works Committee 1992-1994 Street Sweeping Contract November 22, 1991 Page 2 contract. As it was, we felt lucky to get four bid submittals of which there was only one responsive bid in the bunch. In previous years, we have gotten two bids and some times only one. 3) To reject and readvertise would probably mean February or March before we would have an executed sweeping contract. As noted earlier, our present sweeping contract expires December 31st but our contractor has already gone out of business. As such, after December 31st, either no street sweeping service will be provided or a negotiated temporary service price will need to be secured. 4) Less frequency of sweeping has additional hidden costs. As dirt builds up on our streets, during the rainy season more of it will be washed down into our storm drains, streams and creeks necessitating additional cleaning in order to preserve the flood carrying capacities thereof. Simultaneously thereto it will further degradate our streams and creeks which is something D.O.E. will eventually order us_ to clean up. During the dry season, this dirt will be blown into the air further exasperating our present air pollution problem. The City is already designated as a non- attainment area to which dust particles are a major contributor. Our existing plan to PSAPCA to reduce dust emission pertains to eliminating gravel roads and shoulders. Option 2 1) Award the bid as presented. To do so would require the respective budget to be increased by $75, 000. Since street sweeping is a storm utility responsibility, the monies therefor would come from the sewerage utility fund and, as such, no impact on the general fund would be felt. Within the sewerage fund, monies presently exist therein to finance this increase. It should also be noted the anticipated street sweeping cost is included in the proposed drainage utility rate increase that the Public Works Department will be bringing forward. In reviewing both options and with the knowledge that the federal and state laws and the associated regulatory agencies are strict and difficult when dealing with environmental matters driving up simple maintenance costs exponentially, the Public Works Department recommends Option #2 be taken. Because there is only a 30-day hold on the bids, it will be necessary to take action on this item at your December 3 Council meeting. For that reason, the Operations Committee will review our Public Works Committee 1992-1994 Street Sweeping Contract November 22 , 1991 Page 3 recommendations at their November 26 meeting and IBC will review it November 27 . BID SUMMARY Best Parking Lot Cleaning No Bid Action Building Maintenance, Inc. $131,468 All Night Air Sweep $175, 400 (Did not include bid bond with bid) SeaTac Sweeping Service $96, 732 .25 * (Does not include disposal fees) CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE JE. PUBLIC SAFETY COMMITTEE �---4 4 e' JF. PARKS COMMITTEE JG. ADMINISTRATI'VE REPORTS - Property Tax Levy MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- subject: PROPERTY TAX DELAY eator: Tony MCCARTHY / KENT70/FN Dated: 11/25/91 at 1613 . TO: COUNCIL PRESIDENT WOODS AND COUNCILMEMBERS THE ATTACHED LETTER NOTIFIES THE CITY THAT THE INFORMATION REQUIRED TO COMPUTE THE 1992 PROPERTY TAX LEVIES WILL NOT BE AVAILABLE UNTIL 'THE WEEK OF DECEMBER 9TH THROUGH 13TH, WITH THE DEADLINE FOR SUBMISSION DECEMBER 18TH. BASED ON THIS THE ITEM HAS BEEN REMOVED FROM THE DECEMBER 3RD AGENDA AND RESCHEDULED FOR DECEMBER 17TH. King County Council Lois North, Chair Q Gerald Peterson,Council Administrator c; 402 ICng County Courthouse tj Seattle,Washington 98104 (206)296-1000 _ y a [! Iv n •1� Jr r.• r. nor\ November 21, 1991 Re: Submission of District 1992 Property Tax Levies to the County Council Revised Deadline - December 18, 1991 The deadline for submitting 1992 property tax levies has been postponed due to a delay in receiving utility assessed valuations from the State. We expect to receive them by November 27, 1991 and to relay district assessed valuation information to you by December 6, 1991 and 106% worksheets the following week. As a result the deadline for submitting your request for 1992 property tax levies has been extended to December 18, 1991. By state law the Council must adopt the property tax levies before the- end of the year, 3 If you have any questions, please call Mr. Jerry Peterson in the Council Administrator's office (296-1020) or the Assessor's office (296-5145) . Thank you for your cooperation. e very truly yours, LOIS NORTH, CHAIR King County Council cc: Ruthe Ridder, County Assessor LN:JP:pc Audrey Onager District 1 Cynthia SuMun District 2 Brian Owdewski District 3 Lois North District 4 Pan Slurs District 5 Bruce Laing District 6 ►aut Harden District 7 Greg Nickels District 2 Rest Nn9en District 9 Pmted on recycled we« d CITY OF KENT DECEMBER EMPLOYEE OF THE MONTH GEORGE JETT Congratulations to George Jett, who has been selected as employee of the month for December 1991. George works as a Control Center Technician for the Operations Division of Public Works. He began his career with the City in 1980 as a maintenance worker and in 1985 was assigned the duties at the control center. George puts forth a very professional attitude to the Public and also gives fellow employees confidence in knowing that the information they receive is both accurate and complete. During increment weather conditions, he is a great help to the Street Division by keeping accurate records, dispatching equipment and keeping abreast of conditions that require prioritization. "George is definitely a team player and goes out of his way to obtain additional information to make everyone's job easier. " George proves his dedication and loyalty to the City of Kent daily, by responding to any task as a challenge and staying with a problem until it is resolved. He is a truly valued employee of the City. Once again, congratulations George on a job well done. cove Erg MEHY .-�■ RIB\ , 220 4th AVE. SO. / KENT, WASHINGTON 98032-5895 /TELEPHONE (206) 859-3328 PROCLAMATION WHEREAS, December 7-13, 1991 has been declared National Drunk and Drugged Driving Awareness Week; and, WHEREAS, drunk driving causes more violent deaths and injuries than any other crime; and, WHEREAS, in 1990, 431 people died on Washington roadways in alcohol/drug related collisions, and another 13,749 were injured; and, WHEREAS, in 1990,there were 7 traffic deaths and 1,127 injuries in City of Kent collisions; and, WHEREAS, the tragedies caused by impaired drivers touch the lives of countless citizens; and, WHEREAS, such tragic waste can be decreased each year by greater public awareness of automobile and highway safety measures, including proper use of safety belts, avoidance of alcoholic drinks and drugs, use of bicycle helmets, careful attention to pedestrians, caution around highway construction projects, and courteous driving by all on the road; and, WHEREAS, the designation of Drunk and Drugged Driving Awareness Week serves to recognize both public and private sector activities which reduce the incidence of impaired driving; NOW, THEREFORE, I, Dan Kelleher, Mayor of the City of Kent, do hereby proclaim the week of December 7th through 13th as DRUNK AND DRUGGED DRIVING AWARENESS WEEK in the City of Kent, Washington and urge all citizens to remember: Friends Don't Let Friends Drive Drunk. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 3rd day of December, 1991. S . I Dan Kelleher, Mayor ,r �Y OF KENT