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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/03/1992 ............ Colty of Kent mty Council Meetin ........ C1 Ag*enda CITY OF Mayor Dan Kelleher Council Members Judy Woods, President ... Jim Bennett Paul Mann Christi Houser Leona Orr Jon Johnson Jim White March 3, 1992 ^. Office of the City Clerk xv SUMMARY AGENDA KENT CITY COUNCIL MEETING March 3, 1992 Council Chambers 7: 00 p.m. MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett Christi Houser Jon Johnson Paul Mann Leona Orr Jim White CALL TO ORDER ROLL CALL 1. ✓PUBLIC COMMUNICATIONS ✓A. Employee of the Month 2 . PUBLIC HEARINGS Drainage Utility _B! Street Utility 3 . ✓ CONSENT CALENDAR ✓A. Minutes Bills Bicycle Safety Advisory Committee Appointments Human Services Commission Appointment Contract with City of Algona �• South Central Street Widening ,Yc� 7 Sale of 800 MHz Trunked Radio System and Mobile Data Terminal System �! Use of Public Safety Facilities for Temporary Emergency Backup Dispatch X Radio Transmitter and Antenna Space Agreements 4. OTHER BUSINESS 5. BIDS None 6. CONTINUED COMMUNICATIONS 7. REPORTS — -- �� �� (3 TW-4a� 8 . ADJOURNMENT NOTE: Backup material is available in the City Clerk's Office An explanation of the agenda format is given on the back of this page. 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 U Kent City Council Meeting Date March 3 . 1992 Category Public Hearinas 1. SUBJECT: DRAINAGE UTILITY 2 . SUMMARY STATEMENT: The public hearing on the proposed drainage utility rate modification was opened at Council's last meeting and continued to this meeting for additional public comment thereon. At the February 18 meeting the Director of Public Works presented the drainage rate proposal, the necessity for same and the 1992 improvements targeted for funding. The Director also noted that the drainage rate increase is offset by a proposed water rate reduction and the absorption of Metro' s 1992 sewer rate increase. 3 . EXHIBITS: February 18 Council minutes, memorandum from Public Works Director, (packet from February 18 Council agenda) and IBC note 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7. CITY COUNCIL AC11TION: Councilmember 4�`n moves, Councilmember tiy seconds to refer this matter back to the Public Works Committee for a committee recommendation thereon. DISCUSSION• ACTION: Council Agen4a Item No. 2A February 18, 1992 STREET (CONSENT CALENDAR - ITEM 3D) VACATION Helen Street Vacation. ADOPTION of Ordinance No. 3028 vacating an unopened street where it abuts Washington Street without compensation to the City from the abutting property owners. DRAINAGE (PUBLIC HEARINGS - ITEM 2A) UTILITY Drainage Utility. This date has been set for the public hearing on modification of the drainage utility rates. Corresponding therewith is a pro- posed reduction of the water rates and the absorp- tion of Metro 's 1992 sewer rate increase. In addition, a five-year drainage utility capital im- provement program is proposed for adoption along with financing for the first year' s program. Public Works Director Wickstrom showed slides of the area taken during the rainstorms of January, 1990 and April, 1991, showing the need for addi- tional improvements to the storm drainage system. He noted clean-up costs run $60, 000-$80, 000 each time depending .on the size of the storm. He stated that the City has significant needs in the drainage system and that although costs have gone up, the rates have not been increased since the utility was formed in 1985 . He pointed out that the maintenance and operation costs have gone up because the City has taken on additional facili- ties, and that environmental regulations now re- quire special disposal . He said a five-year program has been developed targeting the flooding in Lower Mill Creek and Upper Garrison Creek and that the total program would cost $22 . 9 million. He pointed out that although he is urging adop- tion, there must still be input from the Downtown Infrastructure Program. Wickstrom noted that the first year program would cost $6 . 5 million, most of which would go to converting the sewerage lagoon to a detention system, that $1 million would go to solve the erosion problem at Lower Mill Creek, and that $1 . 6 million would go to Upper Garrison Creek to address flooding. He said that financing for the 1992 program would include a combination of unencumbered funds on hand, some project reallocation funds and $3 . 8 million worth of bonds. He noted that the net rate increase for a typical residential unit would go from 83 cents a month to $2 . 01 a month. He stated that to 2 February 18 , 1992 DRAINAGE offset the impact of the rate increases, they are UTILITY proposing a water rate reduction and the absorp- tion of a Metro rate increase of about 60 cents per single family residence per month. He summar- ized that the impact on customers will vary from basin to basin, based on the amount of water usage. The Mayor declared the public hearing open. Suzette Cooke of the Chamber of Commerce stated that they have reviewed the drainage utility rate increase and are in support of it, noting that there are no acceptable alternatives. She also noted that this is an additional cost not only to homeowners but also to the businesses, and that not all apartments would save money, and that increases will be passed on. She thanked Wickstrom and staff for their efforts in trying to mitigate the rate increases. Harlan Bull, 20601 - 100th Avenue SE, asked what happens to the water after it passes the City limits, and stated that there should be more study done on flooding in the valley. He also noted that drainage improvements were included in LID 336 , on East Valley Highway from 192nd to 180th. He asked whether property owners involved in that will be credited for their costs, and noted that only a certain amount of the cost can be .passed on to tenants . Wickstrom explained that in 1985 the City acquired all the right-of-ways and are now ready to move ahead with building the detention facilities . He added that studies have been done on the valley detention basin that will provide relief to the downstream properties. He noted that as far as LID 336, the drainage utility did contribute $350, 000 to pay for drainage improve- ments in that project, and that the facilities which were built are water quality facilities, as required by the Department of Fisheries . There was no further public input and WHITE MOVED that the hearing on the rate modification for the drainage utility be continued to the March 3rd Council meeting. Woods seconded and the motion carried. 3 DEPARTMENT OF PUBLIC WORKS February 13, 1992 TO: MAYOR KELLEHER AND CITY COUNCIL FROM: DON WICKSTROM RE: DRAINAGE UTILITY C. I . P. & FINANCIAL PLAN This issue was discussed at the January 14th Council Workshop. For your convenience attached is the Fact Sheet that was presented at that time. Also included are the packets which were presented to the Public Works Committee at their January 7th and December 17th Board meeting. In essence, the Public Works Department is seeking an increase in the Drainage Utility rates (present rate established in 1985) to fund both the utility on-going maintenance and operation costs and the 1st year ' s improvements of its 5 year Capital Improvement Program. Said 1st year ' s improvements are estimated to cost $6, 536 , 000 and is targeted to address the flooding problems along lower Mill Creek (Smith St. to 180th St. ) and along upper Garrison Creek (Benson Center, East Hill area) . Of the $6 , 536, 000 $3 , 800, 000 would be revenue bonds, $2, 030, 000 would be unencumbered sewerage funds and $706, 000 would be reallocated project funds . The proposed rate increase varies with respect to the needs of the particular drainage basin. The net increase ranges from $0 . 83 to $2 . 01 per month for a single family residence. The financial impact is offset by a proposed water rate reduction and the absorption of METRO ' s 1992 sewer rate increase. The net affect is a revenue neutral program. However, because not all drainage customers are City sewer and water customers, not all will benefit from the offsets . If nothing is done, the present problem including the personal and property damage, will only get worse. The significant flooding that presently occurs infrequently will become a yearly event. Also the environmental quality of the City ' s streams and creeks will continue to degrade. For these reasons the Public Works Department is recommending that City Council adopt the proposed 5 year C. I .P for the Drainage Utility; authorize implementation of the first year ' s improvements thereof; approve the financing proposal therefore (1992 drainage rates, unencumbered funds, project, fund reallocation) ; approve the water rate reduction and concur with the absorption of the METRO rate. DEPARTMENT OF PUBLIC WORKS January 3, 1992 T0: PUBLIC WORKS COM�M'ItTTEE FROM: DON WICKSTROM �VJ RE: FINANCIAL PLAN AND REVENUE PROGRAM FOR STORM DRAINAGE UTILITY As discussed at the December 17th Public Works Committee meeting, I have reviewed the original C.I.P. for the above referenced Plan and Revenue Program and propose the amendments as noted on the attached. Said amendments reflect both 1) updating thereof (it was originally prepared with the intent to implement in August or September) ; and 2) focusing in on the immediate flooding problems. By this updating and focusing, the proposed first year capital improvement program increases by $1,651,000 to $6,536,000 (originally $4,885,00) . While the proposed utility rate increase was predicated on the $4,885,000 first year's program, no change in the proposed rates is recommended. Instead, it is proposed to finance the difference via combination of unencumbered sewerage funds and project funding reallocation. The original first year's C.I.P. was proposed to be financed as follows: $3,800,000 Bond 1,085,000 Unencumbered Sewerage Funds TOTAL $4,885,000 The amended first year's C.I.P. is proposed to be financed as follows: $3,800,000 Bonds 2,030,000 Unencumbered Sewerage Funds 706,000 Project Reallocation a� TOTAL $6,536,000 - $424,000 Lower Garrison Creek project (D37) 217,000 James Street Storm (D50) .. 65,000 Upper Mill Creek (D42) .. $706,000 Adequate funds exist within the unencumbered fund balance of the sewerage utility fund to make this additional transfer. Neither the sewer utility's operating budget or its capital improvement program will be impacted. Also, said transfer would not affect the proposed absorption of Metro's 92 rate increase. As was also mentioned at the December 17th Public Works Committee, attached is a table which hopefully clarifies the financial effect on individual customers of this combination rate increase / decrease / absorption. :F: cn M U) x h1 G] (] C H G] H CA e7 rwt I O N N b rt 0 w w O r• w 3 N B H r• N wn 11 . :1 H ro (D ro H m N ro rr n t7 -t N H. ti rt H H n (D tt O H n t( N r- (D r- r• is (D o �s o C x _ O E O N' r- N O "C < C tQ H '� ',[1 Y• tt O . �' rt O H 0 CD (D n cd � N N- Y VI N N `•N (OD m H rt Q. cn W rt U-tn( Y (D CTR (D rct N O (D cwt 9' c (D rat Lo ro H H.O K N Y• H cd 'b N (�- O o F3 O H tS O 7 D7 O (� W N p z w rat tt I El IX" p R, h] hi r r o o r ri r- ro N N (D rr 0 r H. H. .4 rt f. N ro o o o N 41 N co N Oi -CDD j C.) O O N (MOB �p 9 cor� O� n n � roy H H � LO co H H H N � w � 0) � � `' O 0 Lo N N E � m coo m w td H ~ 0 y w nC µ H 0 H W N ,y- LD J-- iD N W o LI).0. 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O O a 0 7 C n r•< rt 0m o m 00) < vrti rmf to C aw a 51 ~ to m m n m ro ry a ry o rtn m m < x r•a a a m (D O In r O Orr m rr o m ry � M Y w X � rr +, w VI (D r' N � rt N >co w w Y• H o rt - M m a M HH rr cn .> y G a w H.PID m r, ,rr ?I a o < HH n . . 00 r N o O (...m100 < Om Cy a rn ry o r•'rr rt H o Cn W o Pw rt (D H b rro zromx N Y N rt 1'I a 0 z M M J N o rr rmm :j yy H O ry W r 0 M z O V1 C y O O cn 1-3Q .3. Zcn p . . rr o tM' Ul rf N N W Ui F'•".1'• H H . Y M rt Y O z K K n q to r3 < O O vI Y w N in Y•O M O N 0 O O rt rr x7 Y W H a ry ry 10 o m N Yut a O N O In ID (,,,�f 1nD � rt a z o rr rr VI O H 0 N a N M O H (D a rA < . . nacn N 01 <na rtfTO uI UI H ry P.H O 0) Y N Hm rt vI o Y• O• 0 O rt (D H K rtK _ 0x o m Y N a p rt � vI < . � � rl DEPARTMENT OF PUBLIC WORKS November 26, 1991 TO: Public Works Committee FROM: Don Wickstrom RE: Financial Plan & Revenue Program for storm Drainage Utility Attached is the above referenced Financial Plan & Revenue Program. It reflects the anticipated financial needs of the Storm Drainage Utility over the next six years. Said needs are driven by both increased maintenance and operational costs and construction of certain capital facilities. Over the next six years, annual maintenance and operational costs are estimated to increase by $729 , 000 while capital expenditure, as reflected in the attached Table 1, will total an estimated $25 , 556 , 000 . The capital program addressed both flood control and water quality needs of the City' s storm water system. To finance both the M&O costs and this capital improvement program, annual adjust of the utility' s service rate is required. Table 2 reflects the 1991 proposed utility rate. It also reflects the utility ' s anticipated service rate for the subsequent years . It should be noted, however, that since subsequent-year rates, including the timing of their implementation, are subject to a re- evaluation, they are presented here only as a comprehensive glimpse of what can be anticipated. Table 3 presents a comparison of the proposed 1991 rates with respect to the existing rate and Table 4 reflects the net financial impact thereof on the utility customer. While it ' s the Public Works Department ' s recommendation that Council approve the proposed 1991 Storm Utility Rates, we are also proposing that the financial impact thereof be partially offset by both a water rate reduction and absorbing the 1992 Metro sewer rate increase. With respect to the financial status of the Water Utility, our review thereof, as reflected in Table 5 , denotes that a 13% ($840 , 000) reduction in revenue could be absorbed through 1997 without impacting either its operation or the implementation of its capital improvement program (Table 6) . While we project through 1997 that a rate increase may not be necessary, one critical factor impacting same is the ramification of the safe Drinking Water. Act. Should Kent Springs or Clark Springs or both be classified as Financial Plan & Revenue Program _. for Storm Drainage Utility November 26, 1991 Page 2 surface water sources then treatment of the waters therefrom will be required. As such, a rate increase will most likely be necessary to finance construction of said treatment facilities. A decision thereon would probably come some time in 1993 . With respect to said decision, by removing the last of the customers presently serviced off our Kent Springs transmission main, we could possibly get a waiver which would defer the treatment plant requirement to, hopefully, beyond 1997 . With regard to implementing a rate reduction, we recommend, in lieu of just an across the board percentage reduction, modifying our rate structure to a two-tiered structure composed of a winter rate (October-April) and a summer rate (May-September) . The intent thereof would be to instill a water conservation element within our rate structure. By doing so, we would be in accord with both the recent amendment to the City' s Water Comprehensive Plan and the County-adopted South King County Critical Water Supply Plan. Our proposed modifications of the rate are as follows : Proposed Winter Summer Existing* (Oct-April) (May-Sept) Inside $1 . 64 $1. 24 $1. 64 Outside $2 . 00 $1. 61 $2 . 00 * $/100 cubic feet With respect to the sewer utility, our review of its financial status as reflected in Table 7 denotes that it could absorb the 1992 Metro increase (3% or $212 , 477) without impacting either the utility' s operation or the implementation of its capital improvement program (Table 8) through 1997 . Our assumption herein is that future Metro rates will be passed through to the customer as has traditionally been done. Table 9 reflects the financial impacts of both the water rate reduction and the absorption of the 1992 Metro rate increase. Essentially, for the single family residences, these equal or exceed the impacts of the proposed 1991 Storm Utility rate increase. It should be noted that while the storm utility' s rate increase is anticipated to generate $226, 523 more revenue than the proposed cut/absorption, it is revenue neutral to its general customers . Financial Plan & Revenue Program for Storm Drainage Utility November 26, 1991 Page 3 This is because said $226, 523 equates to the net combined increase of the City' s ($218 , 321) and the state ' s ($8 , 388) utility bill. For the record, however, it should be noted that some storm utility customers are neither` water or sewer customers (primarily those customers west of I-5) . As such, they will see an increase. These are, however, within the basins least impacted by the proposed storm utility rate increase. In conclusion, the Public Works Department recommends that Council adopt the proposed 6-year CIP along with the respective 1991 Storm Utility Rate. Also, in conjunction therewith, it is recommended that Council adopt the proposed reduction/modification to the water utility rates along with the absorption of Metro ' s 1992 rate increase. TABLE 2 PROPOSED RATES* Basin 1991 1992 1993 1994 1995 1996 $/ESU/Month West Side F, O. P & N 1 . 75 2 . 09 2 . 25 2 . 36 2 . 57 2 . 69 Mill Creek (Auburn) & Mullen Slough K, M, D. E, 1 . 76 2 . 12 2 . 29 2 . 42 2 . 64 2 . 76 Lake Fenwick (L) 1 . 76 3 . 00 3 . 18 3. . 30 3 . 53 3 . 64 East Side Mill Creek Upper (6) 4 . 38 5 . 30 6 . 63 6 . 75 6 . 94 7 . 00 Lower (A) 4 . 51 5 . 62 7 . 08 7 . 39 8 . 30 8 . 70 ULID 306 (Q) 2 . 23 2 . 66 3 . 30 5 . 97 3 . 67 3 . 78 Garrison Creek Lower (B) 2 . 98 4 . 12 5 . 14 6 . 35 6 . 78 6 . 90 Upper (J&I) 2 . 84 3 . 91 4 . 85 6 . 00 6 . 37 6 . 33 Direct (C) 2 . 11 2 . 53 2 . 75 3 . 63 4 . 56 5 . 01 Soos Creek (H) 1 . 75 2 . 07 2 . 25 2 . 36 2 . 57 2 . 69 *Includes 3 . 5% City Utility Tax TABLE 3 RATE COMPARISON Existing Proposed** Net Basin 1991 1991 Change West Side F, O. P. & N 0 . 92 1 . 69 0. 77 Mill Creek (Auburn) & Mullen Slough K,M, D, E 0 . 92 1. 70 0 . 78 Lake Fenwick (L) 0 . 92 1 . 70 0 . 78 East Side Mill Creek Upper (G) 2 . 45 4 . 23 1 . 78 Lower (A) 2 . 50 4 . 36 1 . 88 ULID 306 (Q) 1 . 07 2 . 16 1 . 09 Garrison Creek Lower (B) 2 . 11 2 . 80 0 . 77 Upper (J&I) 2 . 06 2 . 74 0 . 68 Direct (C) 0 . 97 2 . 04 1 . 07 Soos Creek(H) 0 . 92 1 . 69 0 . 77** **Exludes 3 . 5% City Utility Tax . CO al .P Y Y Co rn -P Ln Y CO m .A Y O :LJ L/I n C) CD 0 0 0 CD O O O O O O O CD O O r+ (p D o D o- n - n a o D o n n o o (D �ca c-) n s n s o -5 a o n o -f o CD (D n o (D CD < o g < (D < (DO (D ro — ro r < -n J s -5 —i (D -5 -Y o (Drr p, m ro n D + -1 N CO �- � tz n , a rD � a r O c+ N N m CO O W - .A O m w N N Cn O OOO OO Ln Ln COOw V C Ch Y -F- N Y Y Y T �-' Ul O Ln ` O V Ln N N Y Y Ln -A. CDCD Li V O a) Y Ln CD (n ,A, O _ co Y N l0 lD O Y tO [n JP. 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I < n C t0 II I (D w (D N I Ln W = C'+• Cl- it V 1 W N CT CD 1-a -A C: (D -+• I II T I 0) CD CD 0 (n -P• (D CL I 11 I 'v l0 II W 1 0 CO u 0 O +-3 II N 1 CD � w W N O C) O CD (D N II L-J 1 O V W W V O Ln Ol C) I� V O C- n (D m > 11 �-' I O (1) -P 0 0 0 ONO •A I--� Ln O r+ n r+ c D r+ m v r y II I � .-� c•) D -a - m u rn I N - to D r -c 00 II -A I OCn Ln Ln CVO w •a • II O I 0000 -C >✓ Cn0 N 0 u., D a i rom II co I rn to -v G z n a• I t0 cn to ;�o m -I n m I CD a, w O C� m � --4 u Lo C/I 11 cn I 1-� I-i t0 N "o It Cn I --IW co m CJl CD Ln -P CD C:)O O II I D II L 3 • II C1'1 I .A l0 II Ql I O CT CO II CO I O w Ln II 1 1 1 II V 1 V CO II Cn I Cn rn II 1 II I N I N t0 If N 1 Cn CO II O 1 O V Co (D CO II I CG CO II 1 O W If CD I CL Pp TABLE 9 IMPACT OF PROPOSED RATE REDUCTION ON SELECTED CUSTOMERS' Average Monthly Savings Monthly per Savings Proposed per Metro T o t a l W a t e r Water Rate R a t e Monthly Class & Individual Customer Existing Modifica- Absorption savings Based on Water Consumption Rate ($) tion Residential Customers Inside Kent With very low consumption; e.g. , one-person household, limited yard uses. 3/4" meter, 300 cu ft/month 7.12 0. 68 0.60 1.20 With low to moderate consumption; e.g. . occupants away from home much of the time. 3/4" meter, 500 cu ft/month 10.40 1.14 0.60 1.60 . With average consumption; e.g. small family with yard uses. 3/4" meter, 800 cu ft/month 15.32 1.82 0. 60 2.20 With high consumption; e.g. , large residence, irrigation system 1-1/2" meter, 1,600 cu ft per month 29.54 3.64 0.60 3.90 Commercial Customers Inside Hent With very low consumption; e.g. , small store with no special water uses. 3/4" meter, 900 cu ft/month 16.96 2 .05 0.60 2.65 With low consumption; e.g. , service station. 1" meter, 2,500 cu ft/month . 43 .45 5.69 1.67 7.39 With medium consumption; e.g. , large apartment building. 2" meter, 12,000 cu ft/month 200.80 27.30 8.00 35.30 With high consumption; e.g. , very large office building. 4" meter, 25,000 cu ft per 426.80 56.88 16. 67 73.55 month With very high use; e.g. , major industry 8" meter, 750, 000 cu ft per month 12,337 .50 11706.25 500.00 2,206.25 8" meter, 1,500,000 cu ft per month 24,637.50 3,412.50 1,000.00 4,412.50 Excludes 3.5 percent utility tax Average monthly savings is the calculated 7 months' savings divided by 12 months. 114PACT OF PROPOSED RATE MODIFICATION • • ON SELECTED CUSTOMERS` Average Net Monthly Monthly Savings Monthly Impact of Per savings Proposed Net Proposed per Metro T o t a l Drainage Months; Existing Water Rate Rate Month l y Rate Difference Class & Individual Customer Water Rate Modifica- Absorption savings Increase (saving) Based on Water consumption M tion ($)° (S) (S) M M esidential Customers Inside Rent With very low consumption; e.g., one-person household, (0.51) - limited yard uses. 7.12 0.68 0. 60 1.28 0.77-2.01` 0.73 3/4" meter, 300 cu ft/month With low to moderate consumption; e.g. occupants _ away from home much of the (0.97) time. 10.40 1.14 0.60 1.74 0.77-2.01` 0.27 3/4" meter,500 cu ft/month With average consumption; e.g. small family with yard uses. (1.65)- 3/4" meter, 800 cu ft/month 15.32 1.82 0.60 2.42 0.77-2.01` (0.41) With high consumption; e.g., large residence, irrigation (3'47)- system 29.54 3.64 0.60 4.24 0.77-2.01` (2.23) 1-1/2" meter 1,600 cu ft/month :ommercial Customers Inside Kent Ben Franklin 324 W. Meeker St. 13,00 sq ft lot 100% covered 5 employees (?) 5.62 0.49 0.60 1.09 16.70 15.6: Office Complex 24909 104th Ave S.E. 1.25 acre lot 59% covered 80 employees 188.33, 12.08 4.32 16.40 29.61 13.21 Riverwood Apartments 24620 Russell Road 17 acre lot 48% covered 336 residential units 7 employees 4314" 601.10 175.37 776.47 350.10 (426.37) Reynolds Metals 27402 72nd Avenue 24.3 acre lot 35% covered 135 employees 6052.83' 600.73 224.64 1025.37 122.95 (902.42) Boeing Aerospace Co. 20403 S. 68th Ave. 470.2 acre lots`) 37% covered 9261 employees 23,106.46") 2,663.58 920.57 3604.15 6166.97 2564.82 Excludes 3.5 percent utility tax ° Average monthly savings is the .calculated 7 months' savings divided by 12 months Reflects a low to high range. The actual amount is dependent on the specific basin the residence is in. Doesn't include the monthly meter charge. ` Includes facilities on west side and east Side of West Valley Highway DRAINAGE UTILITY RATE PROPOSAL FACT SHEET o Need - Flood Control, Water Quality and Operation & Maintenance o Capital Improvement Program - 92-96 Total $22,909,000 ( see attached) - 92 Program - $6,536,000 Targeting: * Lower Mill Creek Flooding * Valley Flooding * Upper Garrison Creek Flooding o Financing - Through Rate Increases and Cash on Hand Proposed yearly rate increases through 1996. Present rate established in 1985 with the formation of the Utility. 1992 Program $3,800,000 Revenue Bonds 2,030,000 Unencumbered Fund 706,000 Project Reallocation $6,536,000 . Proposed rate increases (see attached map) Net increase - 83 cents to $2.01/ESU/month ESU = Equivalent Service Unit = One Single Family Residence o Financial Offsets (Revenue Neutral) Total Rate Impact $1,279,000 - Water Rate Reduction 840,000 Absorb Metro Increase 212,477 City & .State Share 226,709 . _ NET $( 186) o Not all customers are City sewer and water customers o Attached table denotes financial effect on individual customers o County - (Recent rate increase) $7.17/residence/month through 1995 $8.33/residence/month 1995 o Water Rate Reduction Proposed Winter Summer Existing* (Oct-April) (May-Sept) Inside $1.64 $1.24 $1.64 Outside $2.00 $1.61 $2.00 * $/100 cubic feet o Implementation Schedule 1/14 City Council Workshop -Review all utility billing mods 1/28 Letter sent'to all utility customers with 1/31 bills 2/10-14 open special phone to explain individual customer changes 2/18 City Council - Public hearing on rate changes and Street Utility formation 3/3 City Council - Continued public hearing on rate changes and Street Utility formation 3/25 Modified bills sent to all customers TABLE 1 -1-993 1992 — 1996 CAPITAL IMPROVEMENT PROGRAM STORM CAPITAL PROJECTS DESCRIPTION 1991 1992 1993 1994 1995 1996 TOTAL Mill Creek (Auburn) & Mullen 0P) 428 Slough Flood Control -su) 474 108 84 116 120 5-54 Improvement Green River RT Bank Levee 0(n) 8.10 Improvement 33g01 26g 270 280 290 3ggm) 1�50 3400 2953 Valley Detention(`) 340g 4664 2298 919 7272(0 !till Creek Flood & Erosion 978 .286 145 ControlOd 286 446 1409 i9g 338 54g Garrison Creek Flood & Erosion 1626 853 958 1353 Facilities(`) 5862 1940 148.2. 1663 38-2 479C Horseshoe Acre Storm Pump. 2BO 280 Station &5n) 365 CADD Workstation ���) 4 1764 Misc Drainage Improvement 3-13°1 328 340 353 365 378 29-:;9 East Hill Shop 134 134 90 Shops Remodel 9OH 90 913, Water Quality Sampling Stations 104O 104 Stream Restoration & Streamside Tree Planting 31(6) 4(6) 38(6) 78 100t9 100 Lake Fenwick Restoration 1S6 3=&6 Storm Drainage outf all(6) 1762 3485 5620 Treatment Facilities 353 2686 33-a5 6296 >raeel--Non-Point—het-i-� roan-N 8 394 462 55 530 TOTAL 488-5(n 42'382l 4841 3600 3944 3968 125s66 6536 22909 Project Costs escalated for inflation at 4 percent per year. (1) 91 budget-,- (22-�)�5-39}6�TgBp9p-�thyeprpeef-was-p=eri:ears-app_re-vCe_d-to-t-he-9vudget, (21 91 Ludget appr`yed at f11 9'1[ 41.v i'C�T i•i�VCR�G'CrlJ 1,CZ'c-�iT (4) Beek `. ,•efrem—tebal pr-e3eet-eest�---8t-al-ees==n-$'�r=44�-8gg--o-f�rh-ieh '.- �i3a�-��6g-pea e; =�`•�-t,`.-�,a=ane - -`vei;.gTnaneed-vino LID. {-Sy--Ad$tt-ionai�yT-9i-budgetabeo--egproved-$6�364-€ac�6aimon--cnhaneeme±rE�^".�4-T0 g9-€sr-r£-rae -of-sfipd--rear {-tr}—Addtt anal-peojeato-no`,r-r�€1ee'�d--i -eeeent l-.-[T-^ update-, F; eeent G.; P updateinelwde-e-;'�'-rg00 P W--hasa�deujs mat(-etaeagc,--�2-O,9gg--s gray-V�art�3-l-tng=sae-i-li�iea-,--$4, gg-Ya - drai;�age-treatment (a) Presently budgeted funds adequate to do 92 program. (b) Anticipate securing Army Corps of Engineers grant for which the 1993-95 would constitute our local match. (c) Update schedule (d) Combined funding for 91-93 into 1992 and moved ahead, 94 & 95 program. (e) Combined funding for 91 & 92 and adjusted balance of funding program so as not to affect rate increase forecast. (f) Reduced scope of work. (9) Deferred balance of project to 1997. (h) Project anticipated a grant which didn't materialize. $ — CURRENT RATE 0. 00 — PROPOSED RATE r,l DIZA1,NAGE UTILITY , 1, : SEIZVICE AM"A r� ,. r. . %I PNErnnEO D, rt,E R4cU ie. I •. Citr Or KENt /! ?x _ � � runttc Xonns DEI'nntn[NI ,+, i + , �. , .r �• ,I/ SCALE: 1"=d000' PL'ANIHEIniCS DEVEL-PED :nun nEnift Pnu rOpinrn, ELOHN mm . iseo In pw x. ti N . �� cay. sr � Ci r = _ 14, r � - X 2.84 ' ��� s r, jl 4R,z , q x LI zs xa r : -•: r •I -g' �. 9 7• A \ • I A-+tdean t I \ 7 DRAINAGE BASINS CCARTHY,TONY / KENT70/FN - HPDesk print. ---------------------------------------- 6 --Ct: DRAINAGE UTILITY FINANCIAL PLAN - FISCAL NOTE itor: Tony MCCARTHY / KENT70/FN Dated: 12/03/91 at 0907 . HE PUBLIC WORKS DEPARTMENT IS PROPOSING A DRAINAGE RATE INCREASE TO FUND THE IRST YEAR OF A SIX YEAR CAPITAL IMPROVEMENT PROGRAM THAT ADDRESSES THE STORM RAINAGE NEEDS OF THE CITY. THE SIX YEAR PROGRAM TOTALS 25 . 6 MILLION DOLLARS, ITH THE 1ST YEAR PROGRAM TOTALING 4 . 9 MILLION. THE PROGRAM IS PROPOSED TO E FUNDED BY A RATE INCREASE OF BETWEEN 32% AND 110% DEPENDING ON DRAINAGE ASIN. THE TYPICAL WEST HILL SINGLE FAMILY CHARGE WOULD INCREASE FROM $ . 92 TO 1.70 PER MONTH. A TYPICAL EAST HILL SINGLE FAMILY CHARGE WOULD INCREASE FROM 2 . 50 TO $4 . 36 PER MONTH. 'HIS RATE INCREASE IS PROPOSED TO BE REVENUE NEUTRAL IF THE CITY ' S 'BILLING TO TSELF IS EXCLUDED IN THAT THE PUBLIC WORKS DEPARTMENT IS PROPOSING A 13% WATER ATE REDUCTION AND THE ABSORBTION OF THE 1992 METRO RATE INCREASE OF 3% OR 212, 477 THAT IS USUALLY PASSED ON TO THE RATE PAYER. INDIVIDUAL RATE PAYERS 'HOUGH WILL SEE A RATE INCREASE IF THEY HAVE RELATIVELY HIGH DRAINAGE CHARGES :OMPARED TO WATER USAGE. THE CITY OF KENT' S GENERAL FUND CHARGE WOULD INCREASE SECAUSE IT PAYS THE CHARGE FOR ALL CITY STREETS AND RELATIVELY SPEAKING HAS L VERY LOW WATER BILL. THIS GENERAL FUND INCREASE HOWEVER IS REFLECTED IN THE ;ITY'S 1992 BUDGET. )UE TO DOCUMENTED EVIDENCE CITY FLOODING PROBLEMS, THE IBC RECOMMENDS THE )RAINAGE UTILITY FINANCIAL PLAN INCLUDING THE WATER RATE REDUCTION AND THE METRO LATE INCREASE ABSORPTION AS A COST EFFECTIVE MEANS OF PROVIDING DRAINAGE CAPITAL :MPPOVEMENTS . TABLE 1 1991 - 1996 CAPITAL IMPROVEMENT PROGRAM STORM CAPITAL PROJECTS I Fiscal Year Description 1991 1992 1993 1994 1995 1996 Total Mill Creek (Auburn) & Mullen Slough Flood Control Improvement 25 (1) 104 108 84 . 116 120 557 Green River RT Bank Levee Improvement 350 (1) 260 270 280 290 300 1750 Valley Detention 3400 1664 2208 7272 (4) Mill Creek Flood & t Erosion Control 100 338 540 286 145 1409 Garrison Creek Flood & Erosion Facilities 586 (2) 1040 1182 1680 302 4790 Horseshoe Acre Storm Pump Station 85 (1) 280 365 CADD Workstation 7 (1) 7 Miscellaneous Drainage Improvement 315 (1) 328 310 353 365 378 2079 East Hill Shop 134 134 Shops Remodel 9 (3) 90 99 Water Quality Sampling Stations 104 (6) 104 Stream Restoration & Streamside Tree Planting. 31 (6) 4 (6) 38 (6) 5 (6) 78 Lake Fenwick Restoration 156 156 Storm Drainage Outfall Treatment Facilities 353 2688 3185 6226 Mill Creek Non-Point Action Plan 8 304 162 56 530 Total 4885 (5) 4298 (7) 4841 3600 3944 398B 25556 Project costs escalated for inflation at 4 percent per year. (I) Previously approved in the amount shown in the 91 Budget. (2) $300,000 thereof was previously approved in the 91 Budget. (3) 91 Budget approved at $11,375 therefore understated herein. (4) Doesn't reflect total project cost. Total cost is $14,544,000 of which Utility's share is 50 percent with the balance being financed via ULID (5) Additionally 91 Budget also approved $6,500 for Salmon Enhancement, $24,000 for re-roof of shed row. (6) Additional projects not reflected in recent C.I.P. update. (7) Recent C.I.P. update includes $11,000 P.W. hazardous mat storage, $20,000 spray handling facilities, 34,000 yard drainage treatment. 1218E-30E Q, l Kent City Council Meeting Date March 3 , 1992 Category Public Hearings 1. SUBJECT: STREET UTILITY 2 . SUMMARY STATEMENT: The public hearing on formation of the street utility and implementation of the street utility rates was opened at Council's last meeting and continued to this meeting for additional public comment thereon. At the February 18 meeting the Director of Public Works presented the street utility proposal along with its associated rates, the necessity for same and the improvements targeted for funding. The Director also noted that the street utility rate impact is to be offset somewhat by the proposed elimination of the City's utility tax on the utility bill of its water, sewer and drainage customers. 3 . EXHIBITS: February 18 Council minutes, material from February 18 Council packet 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: � I Councilmember �L' 4 moves, Councilmember / t seconds to refer this issue back to the Public Works Committee for committee recommendation thereon. DISCUSSION: ACTION: �� � C� / -T-411 Council Agenda Item No. 2B�(' February 18, 1992 STREET (PUBLIC HEARINGS - ITEM 2B) UTILITY Street Utility. This date has been set for the public hearing on formation of a street utility and implementation of proposed rates. Implemen- tation of the street utility rates as proposed will be offset somewhat by the elimination of the City's utility tax to its water, sewer and drain- age customers. Wickstrom explained that the primary reason for this utility is traffic congestion. He showed overheads of the levels of service at various intersections. He added that the Growth Manage- ment Act correlates road system capacity with development potential, and if there is no capa- city, additional permits may not be allowed. He pointed out that the City has received some grants from the Transportation Improvement Board in the amount of $19 million, with the possibility of $2 million more. He said the grants would cover the 277th corridor project, the 196th Street corridor from Orillia Road to West Valley Highway, and the 196th corridor from West Valley Highway to East Valley Highway. He pointed out that action needs to be taken soon on these grants, and that other cities would like to have them. He said that to finance the matching funds, they are considering funds from the street utility, the vehicle regis- tration fee, committing existing cash, and some gas tax funds. He noted that the street utility charge would be per full-time equivalent employee or residential unit. He noted that under state law there is a maximum charge of $2 . 00 per employee or residential unit, and that the maximum amount of revenue that can be generated cannot ex- ceed half of the existing operation and mainte- nance budget. He noted that the City is proposing a rate of $1. 90 which was dictated by the existing operations and maintenance budget. He explained that they are proposing to offset the street util- ity by absorbing the utility tax presently on sewer, water and drainage. He noted that Renton has an employee tax under the B & O authority which is $4 . 35 a month, Bellevue ' s is $3 . 35, and Kent's is proposed to be $1. 90. Wickstrom explained for White that under the state law, if Metro or the County implement an employee tax, the City would have to give full credit against theirs 4 February 18, 1992 STREET which would reduce revenues, and that is why they UTILITY are proposing a cash program rather than bonding. Wickstrom noted that the proposals to King County are to not implement such a tax since it would cost more to administer than they would receive. He also explained that Kent has a billing system set up, and that the businesses have already been identified. The Mayor declared the public hearing open. Suzette Cooke of the Chamber of Commerce stated that they have reviewed this utility and are in support. She said they are interested in seeing progress made on streets and relieving the conges- tion. She cautioned that there is a limit as to what can be passed on and that the limit is being reached. She stated that although there is a need for the projects, other issues will also cost business and individuals. Harlan Bull asked how this will be implemented if approved. He noted that there are many multi-tenant buildings in the City with several tenants on one water meter. He pointed out that the number of employees fluctu- ates and the owner would not know to collect for the bill if it is added to the utility bill. He suggested that it be connected to business licenses, and billed on that basis. He voiced concern that the rate would be raised in the fu- ture. Roy Moore, President of Valley Area Trans- portation Alliance, noted that their group repre- sents 250, 000 jobs and $11. 5 billion in assessed valuation. He stated that they have always been in support of cross valley connectors, and said this street utility will be a great step forward. He emphasized that there must be regional coopera- tion. He noted that their members are willing to pay their fair share. Steve. Dowell stated that he feels both the drainage and street utilities are necessary, but that he is concerned about the dis- tribution of costs . He asked whether it is morally justified to shift the burden to small businesses and away from residents , and noted that in the long run it is the residents who buy pro- ducts in the City who will pay this bill . He also pointed out that employees who live in the City as well as work in the City would be charged twice. He said the way to escape that is not to live, work or buy in Kent, which he hopes is not 5 February 18, 1992 STREET Council ' s intent. He asked the Council to review UTILITY the proportion of costs to small business versus residents, and to let the residents know what this will cost them, whether they are taxed through the businesses and products they sell, or on their utility bill. WHITE MOVED that the hearing on the formation of the street utility be continued to the March 3rd Council meeting. Woods seconded. Motion carried. SOLID (CONSENT CALENDAR - ITEM 3K) WASTE Solid Waste. ADOPTION of Ordinance No. 3031 relating to solid waste handling and regulation, regulating yard waste and authorizing liens for failure to pay charges of solid waste services, as recommended by the Public Works Committee. ZONING (OTHER BUSINESS - ITEM 4A) CODE Planning Commission Recommendation to Amend Kent AMENDMENT - Zoning Code Enforcement Procedures This meeting ENFORCEMENT will consider the recommendation by the Planning PROCEDURES Commission to amend the Kent Zoning Code Enforce- ment Procedures. On January 27, 1992 , the Plan- ning Commission approved amendments to the Kent Zoning Code that would establish new violation enforcement procedures. Carol Proud, Planning Department, explained that the Zoning Code presently contains an abbreviated procedure for enforcement of violations, that zoning violations are currently considered a criminal offense with criminal penalties. She stated that the proposed amendments would estab- lish civil penalties rather than criminal penal- ties which would make prosecution of zoning code violations more effective. She also stated that other cities have adopted civil penalties for zoning code violations and have found that mone- tary penalties allow for recovery of costs for administration and is often an incentive for prompt compliance. Carol Morris, Assistant City Attorney, clarified for White that this will address issues concerning abandoned structures except in severe cases, such as what exists in the North Park area, where abatement procedures might be necessary. She also 6 DEPARTMENT OF PUBLIC WORKS February 13, 1992 TO: MAYOR KELLEHER AND CITY COUNCIL FROM: DON WICKSTRON RE: STREET UTILITY As discussed during the deliberation on Resolution 1270 (copy attached) and also at the January 14th Council Workshop, the creation of a Street Utility is the last major hurdle necessary to solidify the financial support for implementing the 272nd/277th Street Corridor project and two phases of the 196th Street Corridor. Total cost of these three projects ranges from $51 million to $65 million. Because of this magnitude, the financial support consists of a conglomerate of various revenue sources including State grants, King County funds, vehicle registration fee revenue, City gas tax revenues, local improvement districts, councilmanic bonds, cash on hand, mitigation payments , and street utility revenue. Attached is a Street Utility fact sheet which was originally presented at the January 14th Council Workshop. The fact sheet has been modified to reflect our conclusion per the January 17th Transportation Improvement Board (T. I .B. ) Action. The good news, as you are already aware, was that they approved our grant per the 196th/200th Street Corridor (West Valley Highway to East Valley Highway) . The bad news is that they ' re not interested in any significant grant increase on the 272nd/277th Corridor. The results assuming the worse case scenario would be a 9 year funding time line for implementing these projects . No matter how you look at it, what we have is a financial window of opportunity for implementing these projects . Without the Street Utility, the grant funding (totaling $19 - 21 million) will be lost. T. I .B. ' s recent request for grant application resulted in $95 million in requests for which only $15 , 000, G,00 - $25 , 000, 000 in funding was available. No other outside funding source is available to either fund these projects or are of a magnitude to offset the need for Street Utility funding. Available federal funding is more in the $100, 000 to $200, 000 range and is limited to safety type improvements . As Council recalls from the Workshop, a voter approved issue ($15, 000, 000) actually costs the individual homeowner more than the utility charge. Also, over the 20 year debt service life $12 , 000 , 000 would be spent on interest alone . As reflected in the attached proposed street utility ordinance, the service rate proposed is $1. 90 per month per residential unit or full time equivalent employee. It is estimated the utility would generate $1, 273 , 000 per year. In keeping with the discussion presented during council ' s deliberation of Resolution 1270, it is proposed to lessen the financial impact on the individual customer by eliminating the City' s utility tax on its sewer, water and drainage utility charges. The attached table summarizes the net effect thereof on various utility customers. The Street Utility is critical with respect to implementing these corridor project and they are critical with respect to addressing our traffic congestion needs. Under the Growth Management Act, concurrency between land use and the capacity of the City ' s transportation system is mandated. Without that concurrency, development can't occur. Also under the Federal' and State Clean Air mandates, traffic congestion will need to be addressed as a means of reducing air pollution. For the above reasons, the Public Works Department recommends council proceed with implementation of the Street Utility. IMPACT OF PROPOSED RATE FOR STREET UTILITY IMPLEMENTATION ON SELECTED CUSTOMERS' Net Monthly Monthly Monthly U t i l i t y S t r e e t Difference Tax Utility ( Saving ) Class & Individual Customer S a v i n g s Charge M Based on Water Consumption M M Residential Customers Inside Kent With very low consumption; e.g. , one-person household, limited yard uses. 3/4" meter, 300 cu ft/month 0.96 1.90 0.92 With low to moderate consumption; e.g. occupants away from home much of the time. 3/4" meter,500 cu ft/month 1.09 1.90 0.81 With average consumption; e.g. small family with yard uses. 3/4" meter, 800 cu ft/month 1.27 1.90 0.63 With high consumption; e.g. , large residence, irrigation system 1-1/2" meter 1, 600 cu ft/month 1.76 1.90 0.14 Commercial Customers Inside Kent Ben Franklin 324 W. Meeker St. 13,00 sq-ft lot 100% covered 5 employees (?) 1.53 ' 9.50 7.97 Office Complex 24909 104th Ave S.E. 1.25 acre lot 591 covered 80 employees 13.68 152.00 138.32 Riverwood Apartments 24620 Russell Road 17 acre lot 48% covered 336 residential units 7 employees 344.21 651.70 307.49 Reynolds Metals 27402 72nd Avenue 24.3 acre lot 35% covered 135 employees 475.24 256.50 (218.74) Boeing Aerospace Co. 20403 S. 68th Ave. 470.2 acre lots') 37% covered 9261 employees 2009.51 17,595.90 15,586.39 - Excludes 3.5 percent utility tax ° Includes facilities on west side and east Side of West Valley Highway ' t ', ��� ail —.�—. •_�,� _ ', � g-M.MrL.....�......,m..� �. —Jl�� -� --� CRITICAL q LOS ruin✓r L I INTERSECTION: I «n I r \lll f I r! I t I , i r N(x * aM/wi/"aN z y rt(w. ar.,m z � W i P OCf/N6 Rmes'rrff t F L t • I'/w/(w C iM, ..'Y[I t, u +r fill. awn } t { i t n mnn L t lwwwllww •r rn0�7� [w[(w t [ r e i •`,' F e rw,r F r>v �,r •11T' s s nr ^[ wfw/ c awl fire —;WWI +.rsartt rw.r e i I/TwYM KttR r L •,u � � c . (�.rwwur L 1 , r/wr L x i w it rawer w(Y/ wrwr •� [fNffw Ile wn xurr In i STREET UTILITY/CORRIDOR FUNDING FACT SHEET Council Target Issue: Traffic Congestion T O T A L C O S T PROTECTS (1,000) GRANT' LID COUNTY' OTHER i 272/277TH CORRIDOR - Auburn Way North 16, 280/ 4,247/ 5,530/ to SR 516 30,000' 6,247 9,000 - 6 , 503 / 14,753 196/200TH CORRIDOR - Orillia Road to WVH 12,741 3,204 2,153 5,573 1,811 196/200TH CORRIDOR - WVH to EVH 22 44 11,497' 5,331 5,216 TOTAL 50,785/ 18,948/ 13,014/ 13 ,530/ 64,785 20,948 16,484 5,573 21,780 ' TIB a) over-obligates grant funding 3:1 b) Approved additional projects in 1992 ' Orillia Road to mid Green River Bridge - King County portion - agreement pending 3 TIB approved $9,373.025 with balance to be reviewed at the construction funding stage. 4 Worst case scenario. OTHER 4 Year Cash 6 Year Cash 9 Year Cash Flow Forecast Flow Forecast Flow Forecast Cash 5,800 5,860 5,800 Gas Tax' 1,272 1,947 3,012 VRF' 1,564 2,307 3,480 St. Util.' 4 ,263 6,618 10,326 12,899 16,672 22,618 Reflects 2% per year growth Project Schedule: Construction-wise 4-5 years; however, funding-wise dictates 5-9 years Growth Management Act o Thirteen key intersections at E/F service level as per 1969 analysis (no existing capacity - see map) o Concurrency - Requires that transportation improvements be in place with new development or the financing thereof in place such that improvements will be in within 6 years. o Corridor Projects - 5-9 years to implement. o Prohibit new development if concurrency is not achieved. o Without Corridors land use then becomes primary mechanism to achieve concurrency o Noncompliance - State can withhold City tax revenues Street Utility Maximum Rate - Residential $2/month/residential unit - Other $2/month/employee Maximum revenue can not exceed half of the street operation and maintenance budget (maximum revenue $1,273,000 = $1.90) Proposed Rate - $1.90 o Must give full credit for HOV and HCT employee tax if implemented by Metro or King County. o Monies generated can only go towards transportation M&O and constructic n. o Can't divert existing monies out of street budget. o Proposed Exemptions - Public property, property used for nonprofit or sectarian purposes, and residential housing units occupied by low income seniors and low income disabled. Offset Financial Impact (See Table) o Delete the customer City Utility Tax (3.5%) on City Sewer, Drainage and Water utilities. o City doesn't provide these utility services to all its constituents. Other Cities Renton' $4.35/employee/month tax on just businesses via B&O authority Bellevue' $3.35/employee/month tax on just businesses via B&O authority Funds collected are dedicated for transportation improvement. Neither have charge on residences. rmnlementation Schedule 1/14 City Council workshop - review all utility billing mods 1/28 Letter sent to all utility customers with 1/31 bills 2/10-14 open special phone to explain individual customer changes 2/18 City Council - Public hearing on rate changes and Street Utility formation 3/3 City Council - Continued public hearing on rate changes and Street .Utility formation 3/25 Modified bills sent to all customers RESOLUTION It M �70 A RESOLUTION of the City Council of the City of Kent, Washington, relating to the city ' s Transportation System and the intent to create a Street Utility. WHEREAS, the City Council is responsible for the public health, safety and general welfare of the people of Kent; and WHEREAS , the City ' s traffic congestion problem is a significant and serious problem; and WHEREAS , traffic congestion results in accidents involving both personal injury and property damage; and WHEREAS , resolution of the city' s traffic congestion problem is the City Council ' s number one target issue ; and WHEREAS, presently many City intersections and some. streets are operating at or beyond their capacity; and WHEREAS, future traffic projections indicate that without --ignificant improvements to the City ' s transportation system the ,-raffic congestion problem will only be exacerbated; and WHEREAS, the City ' s 1984 Comprehensive Transportation Plan and the 1988 Green River Valley Transportation Action Plan denote the necessity of constructing three additional east/west cross valley corridors as a means of relieving the City ' s congestion problems ; and WHEREAS , transportation financing has always been an obstacle per addressing the City ' s traffic congestion problems ; and WHEREAS , the 1990 State Legislature authorized several optional financial means to assist in addressing the needs of the local transportation system; and WHEREAS, one of the local options is the establishment of a street utility under RCW 82 . 80 . 040 et. seg. , which requires that the local government develop and adopt a specific transportation program in order to levy or expend transportation funds ; NOW, THEREFORE, it is hereby ordered and resolved by the City of Kent as follows : Section I. The Council finds that traffic congestion is a major and serious problem within the city of Kent. Section 2 . The Council further finds that a critical element of the solution : to the problem is the implementation of transportation improvements . Section 3 . The Council further finds that additional revenue sources will be required.. in order to implement and maintain these improvements. Section 4 . The Council hereby declares its intent to create a street utility and directs staff to proceed with the development of the necessary studies, plans, reports, ordinances, etc. associated therewith. ADOPTED at a regular session of the Council of the City of Kent this 15 day of &L ft/ 1991 . CONCURRED in by the Mayor of the city of Kent this day of _ 1991. Dan Kelleher, Mayor '4 ATTEST Marie Jensen, City Clerk APPROVED AS TO FORM: Rog Lubo ich City Attorney _ ORDINANCE NO. AN ORDINANCE declaring the existing street system of the City of Kent to be a public utility, setting forth the classification of customers subject to charges, providing for the levying and collection of such charges and creating the Street Utility Fund, from which monies shall be spent for the construction, maintenance, operation and preservation of the street utility. WHEREAS , traffic congestion in the City of Kent is a significant and serious problem which results in accidents involving both personal injury and property damage; and WHEREAS, in addition to the fact that many streets and intersections in the City are operating at or beyond their maximum capacity, future traffic projections indicate that essential transportation system improvements must be constructed or traffic congestion will be significantly exacerbated; WHEREAS, the Kent City Council, as the legislative body responsible for the health, safety and general welfare of the people of Kent, has made resolution of the City' s traffic 11 congestion problem their number one target issue; WHEREAS , the Washington State Legislature, in recognition of this growing problem throughout the state, authorized cities to utilize several options in order to address the financial needs of local transportation systems such as the establishment of a street utility under the Revised Code of Washington (RCW) , Section 82 . 80. 040 et sea. , ; WHEREAS, the Council, in Resolution , authorized the establishment of a street utility in the City and to provide for the levying and collection of such charges, and the creation of a street utility fund, from which monies shall be spent for the construction, maintenance, operation and preservation of the streets as a public utility; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : Section 1. Street System a Public Utility. The City of Kent hereby declares that its existing street system, including all, street lighting, traffic control devices, sidewalks, curbs, gutters, parking facilities and drainage facilities, together with such extensions, additions and betterments thereto as may be authorized from time to time, shall be constructed, maintained, operated and preserved as a public utility of the City, beginning March 1, 1992 , all as authorized by and pursuant to RCW 82 . 80. 040 . Section 2 . Definitions. As used in this ordinance: A. "Business" means all activities, occupations, trades, pursuits, professions and matters engaged in or located within the City limits with the object of gain, benefit, advantage or profit to the business enterprise or to another person, directly or indirectly. 2 B. "Business enterprise" means each location at which a person engages in business within the City. C. "Employee" means any person employed at any business enterprise in the City, except casual laborers not employed in the usual course of business. A sole proprietor is not an "employee" when the business enterprise is located within a housing unit. All officers, agents, dealers, franchisees, etc. , of a corporation or business trust, and all partners of a partnership (except limited partners) are "employees" within this definition. D. "Full-time equivalent employee" means the calculated number of employees derived by dividing the total yearly number of hours reported on the preceding quarterly State of Washington Labor and Industries Reports by one thousand nine hundred twenty (1, 920) hours. E. "Housing Unit" means a building or portion thereof designed for or used as the residence or living quarters of one or more persons living together, or of one family. F. "Low-income disabled" means those persons eligible for a reduction in utility rates as described in Resolution 980 of the City of Kent. G. "Low-income seniors" means those persons eligible for a reduction in utility rates as described in Resolution 980 of the City of Kent. 3 Section 3 . Administration of Utility. The Director of Public Works, through the Department of Public Works, shall operate and administer such public utility and enforce this ordinance; and there shall be kept a classified system of accounts or revenues and disbursements as` prescribed by ' the State Auditor, in conjunction with the City Finance Director and Finance Department, all as required by law. Section 4 . Rates and Charges -- Purpose. The City shall levy charges for the use and availability of its streets in a total annual amount of up to fifty percent of the actual costs of maintenance, operation and preservation of facilities under the jurisdiction of the street utility, all authorized by and pursuant to Chapter 82 . 80 RCW. Section 5. Street Utility Customer Charge -- Residential . As of March 1, 1992 , the Public Works Director shall impose upon . each residential housing unit served by the street utility, a uniform customer charge of one dollar and ninety cents ($1. 90) per month; provided that the residential housing units described in Section 7 shall be exempt from this charge. Section 6 . Street Utility Customer Charge -- Business. A. Amount of Charge. As of March 1, 1992 , the Public Works Director shall impose upon each business enterprise served by the street utility, a uniform business customer charge of one dollar and ninety cents ($1. 90) per full-time equivalent employee per month. 4 B. Calculation of Charge. The monthly business customer charge shall be calculated by multiplying the number of hours reported during the preceding quarter of the year on the quarterly State of Washington Labor and Industries Reports by $0 . 003958 per hour. This figure will be approximately one dollar and ninety cents ($1. 90) per full-time equivalent employee per month when based upon one thousand nine hundred twenty (1 , 920) hours of employment per calendar year. C. Under-reporting of Employees. Upon the City ' s request, a business shall provide copies to the City of its quarterly reports as submitted to the State Department of Labor and Industries, reporting employee hours worked. If at any time during the year it appears that the number of employees in a particular business enterprise have been under-reported for the purposes of this ordinance, an additional .charge in the amount of such under- reporting shall be due. D. Applicability. 1. For purposes of this ordinance, any business operating within the City limits of the City of Kent shall be subject to this business customer charge, regardless of whether the business ' employees work within or without the Kent city limits . 2 . For any employees whose nominal place of business is within the City limits of the"City of Kent, all hours will be subject to the street utility charge. Any employee regularly reporting to work within the City limits shall have all of that employee' s time subject to this charge, even if portions of the employee ' s time are spent outside the City of Kent, for 5 example, a realtor or outside salesperson. For an employee normally employed within the City of Kent, who for extended periods of time reports to work outside the City of Kent, (for example, a contractor ' s employees reporting directly to job sites, ) then the employer may by affidavit report the number of hours actually worked within the City or the percentage of time worked within the City based upon one thousand nine hundred twenty (1, 920) hours annually, and pay the charge based upon those figures . Section 7 . Exemptions from Street Utility. Customer Service Charges. Charges imposed by this ordinance shall not be applicable to: A. Public property exempt from property taxes under RCW 84 . 36 . 010 ; B. Public property subject to leasehold interests and exempt from the leasehold tax under Chapter 82 . 29A RCW; and C. Property used for nonprofit or sectarian purposes, which if said property were owned by such organization would qualify for an exemption under Chapter 84 . 36 RCW; and D. Residential housing units to the extent of their occupancy by low-income senior citizens and low-income disabled citizens as provided in RCW 74 . 38 . 070 (1) . Section 8 . Credits against Street Utility Customer Charge. All business enterprises subject to this ordinance shall be credited the full amount of any commuter or employer tax paid for transportation purposes by the business, against the street 6 utility customer charge. In no case, however, shall the credit exceed the street utility business customer charge. Section 9 . Adjustment of Street Utility Customer Charge. Requests for adjustments of the monthly business street utility customer charge shall be filed with the Finance Department and must be accompanied by a copy of the preceding quarterly report to the State Department of Labor and Industries, reporting the employee hours worked. For businesses that did not file the report with the State, an affidavit can be filed with the Finance Department reporting the hours worked or the number of equivalent full-time employees. Section 10. Billing of Street Utility Charges. The rates and charges set out in this ordinance shall be effective and shall be computed and billed from time to time by the Director of Public Works through the Finance Department as a separate charge on the sewer bill or in a separate bill, and shall become due and payable to the City as stated in such billing. Any street utility charge which becomes delinquent shall become a lien upon the premises and be enforced in the same manner as rates and charges for the use of systems of sewerage under Chapter 35. 67 RCW. Delinquent charges shall bear interest at eight percent (8%) per annum. Section 11. Street Utility Fund Created. There is created in the City Treasury a special 'fund to be known as the "Street Utility Fund. " Any and all revenues collected and received for the use of the street system as set forth in this ordinance, or in connection therewith, shall be credited to the fund and all revenues collected shall be used for transportation purposes only, 7 including but not limited to: the operation and preservation of roads, streets and other transportation improvements; new construction, reconstruction and expansion of city streets, and other transportation improvements; development and implementation of public transportation and high capacity transit improvements and programs and planning design; acquisition of right-of-way and sites for such transportation purposes . Section 12 . Refunds of Street Utility Charges. The Director of Public Works, in operating and administering the municipal street system as a public utility, is authorized to make refunds where any charges paid under said ordinance are found to be erroneous, or to require adjustment; and the Finance Director is authorized to draw and the Finance Department to pay the necessary warrants on the Street Utility Fund, upon certification by the Director of Public Works that the refund is authorized. Section 13 . 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 14 . Effective date. This ordinance shall take effect and be in force and effect five (5) days from the time of its final approval and passage as provided by law. DAN KELLEHER, MAYOR 8 ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1992 . APPROVED the day of , 1992 • PUBLISHED the day of , 1992 • I hereby certify that this is a true and correct copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, DEPUTY CITY CLERK stutil .ord 9 CONSENT CALENDAR 3 . City Council Action: 1 / Councilmember li moves, Councilmember seconds that Consent Calendar Items A through I be approved. Discussion — 7 Action 3A� Approval of Minutes. Approval of the minutes of the regular Council meeting of February 18, 1992 and the Special Council meeting of February 6, 1992 . �3B� Approval of Bills. ^� Approval of payment of the bills received through February 28, 1992 after auditing by the Operations Committee at its meeting at 5: 30 p.m. on March 2, 1992 . 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 B Kent, Washington February 18, 1992 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Houser, Johnson, Orr, White and Woods, City Administrator Chow, City Attorney. Lubovich, Public Works Director Wickstrom, Planning Director Harris, Assistant City Administrator Hansen, Fire Chief Angelo, Police Captain Byerly, Finance Director McCarthy, Infor- mation Services Director Spang and Human Resources Director Olson. Councilmember Mann has been excused from the meeting. Parks Director Wilson was not in attendance. Approximately 45 people were at the meeting. PUBLIC National Engineers Week. Mayor Kelleher read a COMMUNICATION proclamation declaring the week of February 16-22 , 1992 , as National Engineers Week in the City of Kent. He encouraged citizens to recognize and appreciate the service provided by Engineers and join in celebrating this year' s observance under the theme "Engineers: Turning Ideas Into Realty" . The proclamation was presented to Don Wickstrom, Director of Public Works . CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR L be approved, with the exception of Item F which was removed by Councilmember White. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of January 21, 1992 , with the following addition to the last paragraph on page 8 : Upon a question from Dowell, Angelo explained that the budget was balanced with the proposed fee increases. Dowell recommended to the Council that they approve the fees before thev approve the budget in the future Approval of the minutes of the regular Council meeting of February 4 , 1992 . STREETS (CONSENT CALENDAR - ITEM 3J) 1991 Asphalt overlay. ACCEPT as complete the con- tract with M.A. Segale, Inc. for the 1991 Asphalt Overlay project and release of the retainage after receipt of State releases. 1 February 18, 1992 STREET (CONSENT CALENDAR - ITEM 3D) VACATION Helen Street Vacation. ADOPTION of Ordinance No. 3028 vacating an unopened street where it abuts Washington Street without compensation to the City from the abutting property owners. DRAINAGE (PUBLIC HEARINGS - ITEM 2A) UTILITY Drainage Utility. This date has been set for the public hearing on modification of the drainage utility rates. Corresponding therewith is a pro- posed reduction of the water rates and the absorp- tion of Metro ' s 1992 sewer rate increase. In addition, a five-year drainage utility capital im- provement program is proposed for adoption along with financing for the first year's program. Public Works Director Wickstrom showed slides of the area taken during the rainstorms of January, 1990 and April, 1991, showing the need for addi- tional improvements to the storm drainage system. He noted clean-up costs run $60, 000-$80, 000 each time depending .on the size of the storm. He stated that the City has significant needs in the drainage system and that although costs have gone up, the rates have not been increased since the utility was formed in 1985 . He pointed out that the maintenance and operation costs have gone up because the City has taken on additional facili- ties, and that environmental regulations now re- quire special disposal. He said a five-year program has been developed targeting the flooding in Lower Mill Creek and Upper Garrison Creek and that the total program would cost $22 . 9 million. He pointed out that although he is urging adop- tion, there must still be input from the Downtown Infrastructure Program. Wickstrom noted that the first year program would cost $6 . 5 million, most of which would go to converting the sewerage lagoon to a detention system, that $1 million would go to solve the erosion problem at Lower Mill Creek, and that $1 . 6 million would go to Upper Garrison Creek to address flooding. He said that financing for the 1992 program would include a combination of unencumbered funds on hand, some project reallocation funds and $3 . 8 million worth of bonds. He noted that the net rate increase for a typical residential unit would go from 83 cents a month to $2 . 01 a month. He stated that to 2 February 18, 1992 DRAINAGE offset the impact of the rate increases, they are UTILITY proposing a water rate reduction and the absorp- tion of a Metro rate increase of about 60 cents per single family residence per month. He summar- ized that the impact on customers will vary from basin to basin, based on the amount of water usage. The Mayor declared the public hearing open. Suzette Cooke of the Chamber of Commerce stated that they have reviewed the drainage utility rate increase and are in support of it, noting that there are no acceptable alternatives. She also noted that this is an additional cost not only to homeowners but also to the businesses, and that not all apartments would save money, and that increases will be passed on. She thanked Wickstrom and staff for their efforts in trying to mitigate the rate increases. Harlan Bull, 20601 - 100th Avenue SE, asked what happens to the water after it passes the City limits, and stated that there should be more study done on flooding in the valley. He also noted that drainage improvements were included in LID 336, on East Valley Highway from 192nd to 180th. He asked whether property owners involved in that will be credited for their costs, and noted that only a certain amount of the cost can be passed on to tenants. Wickstrom explained that in 1985 the City acquired all the right-of-ways and are now ready to move ahead with building the detention facilities. He added that studies have been done on the valley detention basin that will provide relief to the downstream properties. He noted that as far as LID 336, the drainage utility did contribute $350, 000 to pay for drainage improve- ments in that project, and that the facilities which were built are water quality facilities, as required by the Department of Fisheries. There was no further public input and WHITE MOVED that the hearing on the rate modification for the drainage utility be continued to the March 3rd Council meeting. Woods seconded and the motion carried. 3 February 18, 1992 STREET (PUBLIC HEARINGS - ITEM 2B) UTILITY Street Utility. This date has been set for the public hearing on formation of a street utility and implementation of proposed rates. Implemen- tation of the street utility rates as proposed will be offset somewhat by the elimination of the City's utility tax to its water, sewer and drain- age customers. Wickstrom explained that the primary reason for this utility is traffic congestion. He showed overheads of the levels of service at various intersections. He added that the Growth Manage- ment Act correlates road system capacity with development potential, and if there is no capa- city, additional permits may not be allowed. He pointed out that the City has received some grants from the Transportation Improvement Board in the amount of $19 million, with the possibility of $2 million more. He said the grants would cover the 277th corridor project, the 196th Street corridor from Orillia Road to West Valley Highway, and the 196th corridor from West Valley Highway to East Valley Highway. He pointed out that action needs to be taken soon on these grants, and that other cities would like to have them. He said that to finance the matching funds, they are considering funds from the street utility, the vehicle regis- tration fee, committing existing cash, and some gas tax funds. He noted that the street utility charge would be per full-time equivalent employee or residential unit. He noted that under state law there is a maximum charge of $2 . 00 per employee or residential unit, and that the maximum amount of revenue that can be generated cannot ex- ceed half of the existing operation and mainte- nance budget. He noted that the City is proposing a rate of $1. 90 which was dictated by the existing operations and maintenance budget. He explained that they are proposing to offset the street util- ity by absorbing the utility tax presently on sewer, water and drainage. He noted that Renton has an employee tax under the B & O authority which is $4 . 35 a month, Bellevue ' s is $3 . 35, and Kent' s is proposed to be $1. 90. Wickstrom explained for White that under the state law, if Metro or the County implement an employee tax, the City would have to give full credit against theirs 4 February 18, 1992 STREET which would reduce revenues, and that is why they UTILITY are proposing a cash program rather than bonding. Wickstrom noted that the proposals to King County are to not implement such a tax since it would cost more to administer than they would receive. He also explained that Kent has a billing system set up, and that the businesses have already been identified. The Mayor declared the public hearing open. Suzette Cooke of the Chamber of Commerce stated that they have reviewed this utility and are in support. She said they are interested in seeing progress made on streets and relieving the conges- tion. She cautioned that there is a limit as to what can be passed on and that the limit is being reached. She stated that although there is a need for the projects, other issues will also cost business and individuals . Harlan Bull asked how this will be implemented if approved. He noted that there are many multi-tenant buildings in the City with several tenants on one water meter. He pointed out that the number of employees fluctu- ates and the owner would not know to collect for the bill if it is added to the utility bill. He suggested that it be connected to business licenses, and billed on that basis. He voiced concern that the rate would be raised in the fu- ture. Roy Moore, President of Valley Area Trans- portation Alliance, noted that their group repre- sents 250, 000 jobs and $11 . 5 billion in assessed valuation. He stated that they have always been in support of cross valley connectors, and said this street utility will be a great step forward. He emphasized that there must be regional coopera- tion. He noted that their members are willing to pay their fair share. Steve Dowell stated that he feels both the drainage and street utilities are necessary, but that he is concerned about the dis- tribution of costs. He asked whether it is morally justified to shift the burden to small businesses and away from residents, and noted that in the long run it is the residents who buy pro- ducts in the City who will pay this bill . He also pointed out that employees who live in the City as well as work in the City would be charged twice. He said the way to escape that is not to live, work or buy in Kent, which he hopes is not 5 February 18, 1992 STREET Council 's intent. He asked the Council to review UTILITY the proportion of costs to small business versus residents, and to let the residents know what this will cost them, whether they are taxed through the businesses and products they sell, or on their utility bill . WHITE MOVED that the hearing on the formation of the street utility be continued to the March 3rd Council meeting. Woods seconded. Motion carried. SOLID (CONSENT CALENDAR - ITEM 3K) WASTE Solid Waste. ADOPTION of Ordinance No. 3031 relating to solid waste handling and regulation, regulating yard waste and authorizing liens for failure to pay charges of solid waste services, as recommended by the Public Works Committee. ZONING (OTHER BUSINESS - ITEM 4A) CODE Planning? Commission Recommendation to Amend Kent AMENDMENT - Zonincr Code Enforcement Procedures This meeting ENFORCEMENT will consider the recommendation by the Planning PROCEDURES Commission to amend the Kent Zoning Code Enforce- ment Procedures. On January 27 , 1992 , the Plan- ning Commission approved amendments to the Kent Zoning Code that would establish new violation enforcement procedures. Carol Proud, Planning Department, explained that the Zoning Code presently contains an abbreviated procedure for enforcement of violations, that zoning violations are currently considered a criminal offense with criminal penalties . She stated that the proposed amendments would estab- lish civil penalties rather than criminal penal- ties which would make prosecution of zoning code violations more effective. She also stated that other cities have adopted civil penalties for zoning code violations and have found that mone- tary penalties allow for recovery of costs for administration and is often an incentive for prompt compliance. Carol Morris, Assistant City Attorney, clarified for White that this will address issues concerning abandoned structures except in severe cases, such as what exists in the North Park area, where abatement procedures might be necessary. She also 6 February 18, 1992 ZONING CODE stated that the penalty procedure in the Zoning AMENDMENT - Code is for Zoning Code violations only, and that ENFORCEMENT abandoned structures are considered Building Code PROCEDURES violations. Upon White ' s question, Morris explained that the Code Enforcement Division has approached her and she is currently working on an amendment to the Building, Fire, Plumbing and Mechanical Codes that will also provide for civil penalties. ORR MOVED to adopt Ordinance No. 3032 amending the Kent Zoning Code Enforcement Procedures, as recom- mended by the Planning Commission. Woods seconded and the motion carried. FIRE/BUILDING (OTHER BUSINESS - ITEM 4B) (ADDED ITEM) Abandoned Structure - North Park. Cheryl Noble, 316 W. Cloudy Street, noted that her neighborhood has been struggling with the issue of a dangerous, deteriorated, abandoned building in the North Park neighborhood. She stated the neighbors have endured many problems with this structure such as rats, overgrown weeds and vegetation, fear of fire, and of having the building collapse. She stated that these problems and the lack of a lasting solution have left the neighbors feeling frustrated, angry and defeated. She further stated that they have expressed their feelings to the Fire Department, the Building Department, the Public Safety Committee, and the King County Health Department. She noted that after the owner was contacted by the Health Department he cut the weeds, put out rat poison, and boarded up the building, but that a long-term solution is needed. Chief Angelo explained that about 2 years ago staff had boarded up the building and the Building Official couldn' t get in, so nothing else was done at that time. He noted that the owner lives out of the country and that it would be difficult to have him extradited for a code violation. He noted that a certified letter was sent out Friday to the owner expressing the importance of this matter and asking him to demolish the building and remove it. Angelo explained that the difficulty in the process is that there are certain appeals 7 February 18, 1992 FIRE/BUILDING rights and time frames in which a person can apply for permits and it could take up to 60 days before anything can be done. He explained that if there is no appeal, the City can move forward with the process to abate the hazard. Angelo stated that a fund would have to be established for abolishing the building and removing the debris. Upon a question from the Mayor, Angelo stated that one building may not cost too much to abate, but there are several buildings that could fall under this process and he felt that the Council should be made aware of the fact that it may be costly to the City. He mentioned that the City would be responsible for taking care of all hazardous con- ditions including underground storage tanks and any type of contamination that may be on-site, and it could be years before the City could recover the costs associated with the abatement process. Angelo further mentioned that civil penalties would have been a motivator to have the owner take care of the problems. Upon Houser' s question, he explained that the owner has 30 days in which to appeal the Building Official ' s finding, and if no appeal is filed within that time the City could proceed, assuming funds are available. He agreed with the Mayor that this particular project may not be an expensive one, but that others in the future may be. Lubovich clarified for Woods that if no action is taken within 60 days, the City can record a notice with the King County Records Department to begin the abatement process. Angelo explained for Bennett that the owner of this particular property has been contacted by the Health Department as well as the City and he looks at this property as a long-term investment for the value of the property and has no interest in developing or repairing it at this time. Orr questioned whether or not a lien could be placed upon the property to recover costs of abolishing the structure and Lubovich stated that if the abatement process is used and notices are recorded with King County, then the City could do so. He also stated that if penalties are changed from criminal to civil, and this is not taken care of in a reasonable amount of time, the civil penalties would apply. Angelo encouraged the 8 February 18 , 1992 FIRE/BUILDING Council to study both abatement and the use of civil penalties. The Mayor asked Angelo to meet with Ms. Noble after the meeting to get a list of the names and addresses for the neighbors affected by this building and keep them informed of the progress. White mentioned that he has been given a file with letters from neighbors and that one letter states that this house has been a problem since 1975. He commended the neighbors for their patience. He asked how soon the proposed civil penalty ordi- nance would be before the Council and Carol Morris stated that they would have a draft in about a week. WHITE THEN MOVED to make the letters a part of the record. Orr seconded and the motion car- ried. AMUSEMENT (CONSENT CALENDAR - ITEM 3C) DEVICES Amusement Entertainment Devices. ADOPTION of Ordinance No. 3027 amending licensing code to change fees charged for pool tables and amusement devices distinguishing between taverns and pool halls. HUMAN (OTHER BUSINESS - ITEM 4C) RESOURCES (ADDED ITEM) Hiring Freeze. Bill Doolittle, 412 N. Washington, stated that a controversy has arisen because of the hiring freeze. He mentioned that he had recently seen two full-time positions advertised for $30, 000 a year. He asked which positions are frozen and whether General Fund positions are frozen and CIP positions are open. He also asked how many consultants or independent contractors are working for the City, who are they, when were they hired, for what purpose, the rate of pay, and the length of their contract. He stated that these are people who are being paid with City funds, but aren't City employees, and that he doesn't know who or where they are. The Mayor asked that Administration staff compile a list of such consultants. 9 February 18, 1992 HUMAN The Mayor then explained that the City has RESOURCES authorized more positions then it can afford to fill, and that the freeze is an administrative policy which says that those positions won't be filled, so that budget won't go out-of-balance. He explained that when a position becomes vacant it goes before the Executive Committee who deter- mines whether it is a critical position and needs to be refilled. He noted that they take into account input received from Council and other sources. He noted that recently the Council has talked about passing a resolution which would give input to Administration as to what sort of posi- tions ought to be filled first if more money becomes available. Upon Doolittle ' s question, Mr. Chow stated that they review every position whether it ' s from the General Fund or the CIP Fund, but the CIP normally has more flexibility. The Mayor pointed out some funds, such as the Water Fund, have a surplus, and if a position becomes necessary, it might be filled, and that it would be a discretionary call . HUMAN (OTHER BUSINESS - ITEM 4D) SERVICES (ADDED ITEM) Homeless Issue. Jackie Grever stated that she is homeless, is currently staying at the YWCA shelter on 4th Avenue, and has to be out by tomorrow. She explained to the Council that she and her husband want to let the Council know that homeless people are discriminated against. She explained that she had found an apartment and has a written statement from the landlord saying they were going to rent Apartment #2 at 711 - 1st Street; that the $25 credit check had been paid, and that they owe a $200 damage deposit and $230 for rent beginning February 17 . She added that Social Services had helped with the first month' s rent. She said that upon calling today at the owner' s request, she found that the rent had been increased from $530 to $550 per month and that they require the last month' s rent in advance, so she is again homeless. Ms. Grever mentioned that this is not the first time this has happened to them and that they have been homeless for almost a year. She stated that homeless people cannot go on living from shelter 10 February 18, 1992 HUMAN to shelter and that there should be laws giving SERVICES the homeless legal rights like everyone else. The Mayor asked her to remain until after the meeting, noting that there are people present who may be able to help her. APPOINTMENTS (CONSENT CALENDAR - ITEM 3E) Human Services Commission. CONFIRMATION of the Mayor's appointment of Rosemarie Clemente to the Kent Human Services Commission. Ms. Clemente will fill the position designated by ordinance for a representative of a Human Service provider organi- zation/agency formerly held by Peter Mourer whose term of office recently expired. Her appointment will begin immediately and continue to 1/1/94 . (CONSENT CALENDAR - ITEM 3F) (REMOVED AT THE REQUEST OF COUNCILMEMBER WHITE) Civil Service Commission. CONFIRMATION of the Mayor' s appointment of Raul Ramos to the Civil Service Commission. Mr. Ramos will replace Bob Jarvis who resigned. His term will begin imme- diately and continue through April, 1994 . White noted that Mr. Ramos is currently working for the City as a consultant and asked whether there would be a conflict of interest by serving on the Civil Service Commission. Lubovich responded that Ramos is an independent contractor and that there is no provision which would pro- hibit him from serving on the Civil Service Com- mission. It was noted for White that Ramos cur- rently serves on the Library Board and the Board of Adjustment. White noted that since this is not a required confirmation, the Council may not be required to take action. Lubovich stated that it is his belief the appointment is subject to Coun- cil confirmation. Houser offered to take the issue back to the Operations Committee to review the scope of work of Mr. Ramos ' contract and of the Civil Service Commission, and have the Attor- ney look into the matter further. There were no objections and the item was referred to the Operations Committee. 11 February 18 , 1992 POLICE (CONSENT CALENDAR - ITEM 3G) Interlocal Mutual Aid Agreement, District II, King County. AUTHORIZATION for the Mayor to sign Interlocal Mutual Aid Agreement with King County. This agreement is designed to allow one or more agencies to provide additional resources to another agency when there is a breach of the peace or public disturbance and to clarify and define working relationships for law enforcement agencies participating in mutual aid activities within Dis- trict II . (CONSENT CALENDAR - ITEM 3H) Indecent Exposure. ADOPTION of Ordinance No. 3029 adopting a new section to the Kent City Code defining the crime of indecent exposure. The City's current lewd conduct ordinance has been de- clared unconstitutional. The City adopts State law as it has not faced this challenge. (CONSENT CALENDAR - ITEM 3I) Possession of Marijuana. ADOPTION of Ordinance No. 3030 regarding the penalty for violations for possession of marijuana. The ordinance as pre- sently written was not in compliance with State penalty laws and the new ordinance makes the correction. PARKS & (CONSENT CALENDAR - ITEM 3L) RECREATION Riverwalk Park Grant. ACCEPTANCE of a grant from DNR Aquatics Land Enhancement Account for River- walk Park, and AUTHORIZATION for the Mayor to sign the grant contract. Parks applied for a $75, 000 grant from DNR Aquatics Land Enhancement Account, as recommended by IBC, Parks Committee (June, 1991) and Council through Resolution 1287 . This grant was awarded in December. With the return of the contract to Olympia, the Parks Department may commence negotiations for the acquisition of the property. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through February 18, 1992 after auditing by the Operations Committee at its meeting at 5 : 30 p.m. on March 2 , 1992 . 12 February 18 , 1992 FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 2/1-2/14/92 114864-115277 $2, 101, 054 . 29 Approval of checks issued for payroll: Date Check Numbers Amount 2/20/92 01168210-01168929 $ 659, 807.74 REPORTS Public Works Committee. Upon the Mayor' s ques- tion, the City Attorney noted that the Council recently asked about meeting with people outside the City regarding the 272/277 corridor. He noted that the previous City Attorney had recommended against communicating with interested parties on the corridor project, based on the concern of the matter being brought before the Council in a quasi-judicial fashion. He said that after researching the issue he has determined that this prohibition on communications is no longer war- ranted. He explained that the concern raised initially was regarding the SEPA review policy. He noted that the time frame for appeals has passed and that any decision the Council will make regarding the EIS will be legislative, not quasi- judicial. Parks Committee. Johnson reported that the Parks Committee had discussed the Youth-at-Risk position this date and that they would like it brought back to the committee at its March meeting after receipt of a legal opinion from the Attorney' s Office regarding whether the position should be funded on a full-time or a 3/4-time basis. Johnson also reminded Councilmembers that in January he had proposed a resolution establishing budget priorities . HE MOVED that the resolution be referred to the Operations Committee for con- sideration. White seconded and the motion car- ried. ADJOURNMENT The meeting was adjourned at 8 : 50 p.m. Brenda Jacobe , CMC City Clerk 13 Kent, Washington February 6, 1992 Special meeting of the Kent City Council was called to order at 6: 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Assistant City Administrator Hansen and Finance Director McCarthy. Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Human Resources Director Olson, Information Services Director Spang and Parks Director Wilson were not in attendance. Approximately 25 people were at the meeting. Mayor Kelleher explained that the purpose of the meeting is to consider potential action the City might take related to the RUGG lawsuit. Orr noted that she will not be taking part in this matter and excused herself from the room. Houser stated that she felt it was important to go over this issue based on information she received after the Council meeting of February 4 . She MOVED to authorize the City Attorney to enter into an agreement to settle the RUGG vs. City of Kent lawsuit, pursuant to the terms of the settlement proposal presented during the February 4th Council meeting. Woods seconded. Upon White' s question, the Mayor noted that Reed' s Parliamentary Rules state that in normal circumstances a motion to reconsider must be made on the day in which the action sought to be revised was had. He ruled that a motion to reconsider is not necessary, but added that his ruling can be appealed. He also asked that the possibility of using a book of rules other than Reed' s be considered in the future. White pointed out that in addition to Reed's, the Council has adopted rules and suggested considering them and then making a motion to set aside the Council rules. Lubovich noted that the resolution adopting the Council proce- dures, including Reed's Parliamentary Rules, allows the Council to suspend any particular rule by a majority vote. He suggested a motion suspending the rule that a motion for reconsideration be made the same day. JOHNSON MOVED to suspend the rules. Upon a question from the Mayor, White indicated that he would object to suspending the rules. Kelleher then maintained his ruling that Houser's motion is in order. Johnson restated his motion to suspend the rule which requests reconsideration only on the day that a motion is made, for the purpose of discussing a motion to offer a settlement on the RUGG lawsuit. The Mayor accepted that motion, and Mann seconded it. The Mayor clarified for White that Houser' s motion and the motion to suspend the rule are both on the floor. Johnson clarified that under Reed' s Rules of Order a motion to suspend the rules is good only for one motion, and that to bring back another motion 1 February 6, 1992 at a future date, you would have to suspend the rules again. White voiced concern regarding interpretation of Reed's Rules of Order, and stated that the rules should be the same for everyone on every subject. The Mayor explained that he is charged with interpreting the rules and that White could move to appeal his ruling. The motion on whether to suspend the rules then carried with Bennett and White opposed. Houser restated her original motion. Lubovich reiterated that the City will contribute $5, 000 toward the settlement, WCIA will contribute $35, 000 and the City will take a neutral position on any appeals on the matter. White pointed out that the notice of this meeting did not reach him in the required 24-hour time period, but that he came to the meeting in the spirit of cooperation with the Council, and that he would not belabor the points he made at the previous Council meeting. Bennett stated that he was uncomfortable with the motion at the last meeting. He noted that although he has worked closely with Administration, he had no knowledge of this issue except what he read in the paper. Lubovich explained that the matter was in preliminary negotiations the night before the Coun- cil meeting, but that he was not hopeful for a settlement. He said he had no indication of potential settlement until the afternoon of the meeting, at which time he notified Councilmem- bers, as he saw them, that he may request an executive session, explaining that the trial was Monday and that he was obligated to present any proposed settlement to Council for approval. He noted that the agreement was presented to him at 5 : 00 p.m. , that he requested the executive session at 7 : 00 when the Council meeting began, and that he explained the proposal during the pub- lic session. He explained that the next regular Council meeting would have been past the trial date and the chances of obtaining a continuance were slim. Bennett said that since he did not have the proper information when this came up during the executive session, he considered abstaining but felt that would not be doing his duty. He added that he hopes this will not happen again, and that he had been cooperative and wants to work as a team. Houser' s motion then carried with Houser, Johnson, Mann and Woods in favor, and Bennett and White opposed. Bill Doolittle stated that he was aware of this meeting because of an article in the newspaper, and that he had not seen a notice in the lobby or the legal notices. He asked about notification requirements and pointed out that White has stated that he did not have 24 hours notification of the meeting. Lubovich explained that RCW 42 . 30. 080 requires that each Councilmember receive written notice 2 February 6, 1992 at least 24 hours before the meeting and that the press receive the same notice. He noted that although White received his notice 50 minutes after the limit, he agreed to attend the meeting and unless he objects, that is considered a waiver of the notice as authorized under the same provision. Doolittle stated that he does not understand how the City can get away with a $40, 000 settlement to cover $90, 000 in bills supposedly incurred by the group, and that he feels this was a simple error that snowballed. Steve Dowell said that there is a precedent for following the rules because two months ago he made a motion to reconsider and the Chair ruled that it was out of order because it was not made on the same day as the motion. He said he hopes that Council will be consistent in the future. Mann asked the City Attorney to prepare a memo for Councilmembers regarding the issue and informing them of how to act differently in the future, since he cannot understand how the Council erred. Lubovich agreed to do so. Johnson suggested a legal briefing in the near future on the Open Meetings Act and the Appearance of Fairness Doctrine. Lubovich informed them that there is present- ly before the State Legislature a proposal which would change the Open Public Meetings Act rules substantially, and suggested waiting to see what happens with that. White said he is concern- ed that that may not pass, but that he would like to work with the Legal Department and adopt some rules and look into the possibility of taping executive sessions if the City continues to have them. He noted that he is very concerned about having exec- utive sessions, and that if they had been recorded in the past, these results may have been different. The meeting then adjourned at 6: 25 p.m. Brenda Jacober,,, CMC City Clerk 3 Kent City Council Meeting Date March 3 . 1992 Category Consent Calendar 1. SUBJECT: BICYCLE SAFETY ADVISORY COMMITTEE 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointments to the Bicycle Safety Advisory Committee, in accordance with Resolution 1298, dated December 3 , 1991 as follows: Phil Miller as an Ex-officio member. His term will begin immediately and continue through 12/31/92 . Two year terms: John Steich Eric Leiper Ed Johnson Ed Morton Sandy Couter Their terms will begin immediately and continue through 12/31/93 . One year terms: Neil McQuage Larry Stougard Randy Danioth Steve Babbitt Laurie Sundtedt Their terms will begin immediately and continue through 12/31/92 . 3 . EXHIBITS: Memo from Mayor 0 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: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C JC MEMORANDUM TO: JUDY WOODS, CITY COUNCIL RES1D T CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR 4+-�`---��� DATE: FEBRUARY 21, 1992 SUBJECT: BICYCLE SAFETY ADVISORY COMMITTEE APPOINTMENTS In accordance with Resolution 1298, established December 3, 1991, I have appointed 11 citizens to serve as members of the Bicycle Safety Advisory Committee. One member has been appointed to serve as an ex-officio member and 10 individuals have been appointed as committee members. I have appointed Phil Miller,who works for King County Department of Public Works, as Ex-officio Member. His term will begin immediately and continue through 12/31/92. The following members have been appointed for two year terms: John Streich Eric Leiper Ed Johnson Ed Morton Sandy Couter Their terms will begin immediately and continue through 12/31/93. The following members have been appointed for one year terms: Neil McQuage Larry Stougard Randy Danioth Steve Babbitt Laurie Sundstedt Their terms will begin immediately and continue through 12/31/92. Memo: Appointment of Bicycle Safety Advisory Committee Members Page 2 As directed in the Resolution, the members I have appointed consist of representatives of: 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. I submit this for your confirmation. DK.jb Kent City Council Meeting Date March 3 . 1992 Category Consent Calendar 1. SUBJECT: HUMAN SERVICES COMMISSION 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Lucyle Wooden as a member of the Kent Human Services Commission. She will represent the User of Services category and will replace Alla Mironyuk who resigned. Her appointment will begin immediately and continue to 1/1/94. 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: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• _ ACTION• Council Agenda Item No. 3D x MEMORANDUM TO: JUDY WOODS, CITY COUNCIL RESID T CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR b1 ��^�`` DATE: FEBRUARY 25, 1992 SUBJECT: APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have recently appointed Lucyle Wooden as a member of the Kent Human Services Commission. Ms. Wooden will replace Alla Mironyuk who resigned. She will represent the User of Services category. Ms. Wooden has a B.A. from the University of Washington and will receive her Masters in June from the University Graduate School of Social Work. Her special interest is community organization and service. Ms. Wooden% term will begin immediately and continue to 1/1/94. 1 submit this for your confirmation. DK:jb i Kent City Council Meeting v Date March 3 , 1992 Category Consent Calendar 1. SUBJECT: CONTRACT WITH THE CITY OF ALGONA 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign an agreement with the City of Algona contracting for the services of Captain Dennis Byerly to serve as Interim City of Algona Police Chief for a period not to exceed 180 days. 3 . EXHIBITS: Contract 4 . RECOMMENDED BY: Staff and Public Safety Committee pass unanimously on 2/24/92 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E AGREEMENT FOR SERVICES OF INTERIM POLICE CHIEF This agreement is entered into on the date hereafter set forth, between the municipal corporation of the City of Kent, Washington, hereinafter referred to as "Kent" and the municipal corporation of the City of Algona, Washington, hereinafter referred to as "Algona" . WITNESSES: WHEREAS, Algona, pursuant to RCW 39 . 34 . 010, 39. 34 . 080, is authorized to and desirous of contracting with Kent for services of Captain Dennis Byerly, as interim City of Algona Police Chief; and WHEREAS, Kent is authorized, pursuant to the same statutory authority, to render such service and is agreeable to rendering said service on the terms and conditions hereinafter set forth and in consideration of payment, mutual covenants and agreements herein contained. IT IS THEREFORE, covenanted and agreed as follows: 1. OBLIGATIONS In consideration of the promise of Algona in payment of the sum hereafter set forth, Kent promises to loan the services of Kent City Police Captain Byerly to Algona in the temporary/ interim position as Acting City of Algona Police Chief pending the return of Algona' s current Chief from disability status and/or in the event of permanent disability, the retention of a new Police Chief by the City of Algona. 2 . PAYMENT Kent presently pays Captain Dennis Byerly an hourly salary, including Captain' s benefits, in the amount of $35.29 per hour. During Captain Byerly' s term as interim Algona Police Chief, Algona will reimburse Kent the aforementioned sum for each hour of service rendered, billing to be on a monthly basis, together with any ordinary and usual increases Captain Byerly might be entitled to from Kent. 3 . TIME OF PERFORMANCE This agreement will be on a month-to-month basis and may be canceled by either party hereto by giving ten (10) days written notice to the other party. In no event will the term of this agreement exceed one hundred eighty (180) days with such extensions as are mutually agreed to by the parties in writing. 4 . DUTIES Kent will make Captain Byerly available on a regular basis of two (2) hours daily weekdays. The hours shall be from 3 : 00 p.m. to 5: 00 p.m. , and such other hours as reasonably deemed necessary by the parties, and Captain Byerly shall act as Chief of Police for Algona and exercise all administrative powers and perform all such duties or delegate and supervise such duties as appropriate and necessary. In addition hereto, Captain Byerly shall be available, at his usual and accustomed rate of pay for such services, for call-back in emergency situations. In acting in the capacity of Chief of Police, Captain Byerly shall take all direction and be supervised by City of Algona administrative authority. 5. INDEMNIFICATION. LITIGATION (A) The City of Algona shall defend, indemnify and hold harmless the City of Kent and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, cost, expenses, and damages of any nature whatsoever by reason of or arising out of any willful or negligent act or omission of the City of Algona, its officers, agents, and employees, or any of them in the performance of obligations herein. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City of Kent, the City of Algona shall defend the same at its sole cost and expense; provided that the City of Kent retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City of Kent, and its officers, agents, and employees, or any of them, or jointly against the City of Kent and the City of Algona and their respective officers, agents, and employees, or any of them, the City of Algona shall satisfy the same. (B) The City of Kent shall defend, indemnify and hold harmless the City of Algona and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, cost, expenses, and damages of any nature whatsoever by reason of or arising out of any willful or negligent act or omission of the City of Kent, its officers, agents, and employees, or any of them in the performance of obligations herein except to the extent said claim, action, loss or damage is the result of the negligence of the City of Algona. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City of Algona, the City of Kent shall defend the same at its sole cost and expense provided that the City of Algona retains the right to 2 participate in said suit if any principle governmental or public law is involved, and if final judgment be rendered against the City of Algona, its officers, agents, and employees, or any of them, or jointly against the City of Algona and the City of Kent and their respective officers, agents, and employees, or any of them, the City of Kent shall satisfy the same. 6. INSURANCE The City of Algona and the City of Kent shall obtain and maintain general liability insurance with limits of One Million Dollars ($1, 000, 000) per occurrence, Two Million Dollars ($2 , 000, 000) aggregate. This general liability insurance shall provide protection against the general liability, police professional liability, auto liability, and errors and omissions of each entity. Upon request, each entity to this Agreement shall provide satisfactory certification demonstrating coverage required herein. 7 . LIMITATION OF AUTHORITY Nothing in this agreement shall be construed as conferring authority upon the City of Kent, Washington, or Dennis Byerly, to contract or otherwise enter into agreements on behalf of the City of Algona, Washington. CITY OF ALGONA CITY OF KENT R. WAFFLE, MAYOR DAN KELLEHER, MAYOR APPROVED AS TO FORM: APPROVED AS TO FORM: CITY ATTORNEY, CITY OF ALGONA CITY ATTORNEY, CITY OF KENT DATE: DATE: algona.doc 3 Kent City Council Meeting Date March 3 , 1992 Category Consent Calendar 1. SUBJECT: SOUTH CENTRAL STREET WIDENING 2 . BfJMMARY STA EM j __AS recommended by the P ihl i c- Works Committee option of Ordinance -', ' --3 authorizing staff to p with condemnation for right-of-way on two parcels in order to proceed with the South Central Street widening project. 1 3 . EXHIBITS: Vicinity map and ordinance 4. RECOMMENDED BY: Unanimous vote of Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Council-member seconds DISCUSSION• ACTION• Council Age da Item No. R/GHT-OF-WAY ACQU/SlT/ON E. MEEKER S T. O TEXACO REFINING d MARKETING INC. zO KNUD TSEN EN 7 ERPR/SES II O O OHPP CO. ✓A C. PEPE ON CLINTONNT N.. d GGY A. GONNASON qq KENNETH D. SABOE O ✓ON A. BENSON E. GOWE ST. O RUSSEL L E. 6 KA THL EEN D UNHAM O CLAUDE SLAUGHTER DONALD G. d ✓ACQUELINE WEST t' O � I W Q 0 6 J Q O ~ 3 � W V h E. TITUS ST. Q 3 O O W L EGEND RIGHT-OF-WAY TAKE OPARCEL NUMBER ODOCUMENT PREPARED OAPPRAISAL COMPLETED ORIGHT OF ENTRY RECEIVED 4A ORIGHT-OF-WAY OBTAINED E. SAAR ST. J Q E. W/L LIS ST. zw CENTRAL A VENUE WIDENING RIGHT-OF-WAY ACQUISITION KEY MAP RIGHT-OF-WAY ACQU/SIr/ON E. MEEKER S T. _ O TEXACO REF/N/NG d MARKETING INC. 2O KNUD TSEN EN TERPR/SES IE DHPP CO. O CLINTON N. d PEGGY A. GONNASON <A KENNETH D. SABOE OJON A. HENSON E. GOWE ST. O RUSSELL E. d KA THL£EN DUNHAM O CLAUDE SLAUGHTER DONALD G. 6 ✓ACOUEL/NE WEST rff O O1 ' 4i Q O 6 Q O � 3 = W U y E. r/TUS Sr. 3 O O - h LEGEND R/GHr-OF-WAY TAKE OPARCEL NUMBER ODOCUMENT PREPARED OAPPRAISAL COMPLETED OR/GHr OF ENTRY RECEIVED 9A ORIGHT-OF-WAY OBTAINED E. SAAR Sr, ._1 Q E. WILLIS ST. zw CENTRAL A VENUE WIDENING RIGHT-OF-WAY ACQUISITION KEY MAP i i I ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of an easement for street purposes over certain properties in order to improve, alter and widen South Central Avenue between Gowe and Willis streets; providing for the payment thereof out of any of the City's Capital Improvement Funds; and providing for the condemnation of such property rights as necessary therefor; said properties located within the limits of the City of Kent in King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: i Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of two parcels of real property, 1 Parcel Nos. 150346-7 and 150340-1, all located in King County, Washington and legally described in Exhibits A attached hereto and incorporated herein by this reference (hereinafter, the "Properties") . i l Section 2 . The public convenience, use and necessity demand that the City condemn the Properties in order to acquire an easement for street purposes, which purposes shall include all acts necessary to improve, alter and widen South Central Avenue between Gowe and Willis streets, including improvements for drainage, curbs and gutters, sidewalks, landscaping, illumination, signal improvements, electrical facilities, utility adjustments 1 i f and relocations, and any other street or municipal purposes that may become necessary from time to time on the Properties. Section 3 . The City shall condemn the Properties only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. Section 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this Ordinance from the City' s Capital Improvement Funds or, if necessary, any of the City's general funds, as may be provided by law. Section 5. The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Properties. In conducting the condemnation proceedings, the City authorizes the City Attorney to enter into f stipulations in order to minimize damages, which stipulations may include, but not be limited to, size and dimensions of the i Properties, construction easements and other property interests. � f Section 7 . Any acts consistent with the authority and prior Ito the effective date of this Ordinance are ratified and confirmed. I I II Section 6. This Ordinance shall take effect and be in force I thirty (30) days from and after its passage, approval and publication as provided by law. I I DAN KELLEHER, MAYOR I I I i 2 I I EXHIBIT A /wRC El #/SD 3¢6 — 7 Lots 9 through 16, Block 8 of Washington Central Improvement Company' s First Addition to Kent, according to the plat thereof recorded in Volume 3 of Plats, page 97, in King County, Washington; EXCEPT that portion of said Lot 12, conveyed to the City of Kent for Street by Deed recorded under Recording Number 7508190184. Lots 8, 9, 10, 11, 12, 13 and 14, Block 10, Washington Central Improvement Co' s First Addition to Kent, Washington, according to the plat thereof recorded in Volume 3 of Plats, page 97, in King County, Washington. 4 i Kent City Council Meeting _7 Date March 3 , 1992 C Category Consent Calendar 1. SUBJECT: SALE OF 800 MHZ TRUNKED RADIO SYSTEM AND MOBILE DATA TERMINAL SYSTEM 2 . SUMMARY STATEMENT: Authorization to negotiate with Valley Communications Center for the sale of the 800 MHz trunked radio system and the mobile data terminal system. When the 800 MHz trunked radio system and the mobile data terminal (MDT) system projects were approved, it was done with the knowledge that the initial implementation would not fully meet the operational needs of the Police and Fire Departments. The intent of proceeding with the projects was to provide essential backbone system components that could be expanded in the future. It was also the intent that the systems would be implemented in a manner compatible with the a regional philosophy for public safety communications. It was anticipated that future funds generated by selling air-time on the systems, or the systems themselves, would be used to accomplish this work. Valley Communications Center has completed a background engineering study evaluating the efficacy of 800 MHz trunking technology and MDT' s for all of its users. This effort has concluded that Kent's systems provide the best foundation for a system to serve the Valley Com user agencies. Transfer of the system to Valley Com ownership would have a number of advantages to the City of Kent. Obviously, funds generated from the sale could be used to complete the Police and Fire Departments ' equipment inventory and provide other emergency communications equipment that was omitted in the projects initially due to limited funds. It would also allow Kent to again be in the position of being a system "user" instead of being the system "operator" , lessening our administrative load. Further: * Kent would become an equal owner in a larger and more capable system. Coverage of a Valley Com system or regional system would be very beneficial to us. We would never be able to license or afford a system of this capability on our own. * Kent would greatly improve our ability to communicate with all our neighboring jurisdictions, particularly in major emergencies or disaster situations. * As a co-owner, Kent would only need to contribute our share to on-going and replacement costs, rather than being exposed to this cost individually. Even though the City would still have direct costs related to maintenance and replacement of our own equipment inventory, we would share in these costs for fixed-end equipment. Page 1 of 2 * Our opportunity to receive funds from the County's funding measure are improved since we clearly are showing our willingness to cooperate in regional plans. Any agreements resulting from these negotiations would be returned to Council, through the appropriate channels, for approval. The Public Safety Committee recommends approval by the Council to authorize the Fire Chief to proceed with negotiations with Valley Communications Center for the sale of the 800 MHz trunked radio system and the mobile data terminal system. 3 . EXHIBITS: None 4. RECOMMENDED BY: Public Safety Committee (3-0) and Fire Chief (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3G Page 2 of 2 \ Kent City Council Meeting Date March 3 , 1992 Category Consent Calendar 1. SUBJECT: USE OF PUBLIC SAFETY FACILITIES FOR TEMPORARY EMERGENCY BACKUP DISPATCH 2 . SUMMARY STATEMENT: Authorization to negotiate with Valley Communications Center for the use of existing public safety facilities for temporary emergency backup dispatch uses. During an emergency that affects Valley Communications Center's facilities, disruption of critical public safety communications and dispatching services could occur. Under such emergency conditions, the Center may need to temporarily relocate dispatch personnel in order to continue service. By having a pre-established and equipped emergency backup location, this transfer can be accomplished with the minimal disruption to emergency dispatch services. Valley Com is beginning the process of defining their func- tional and operational needs for such an occurrence. They have approached the Fire Department to discuss the possibility of accomplishing this level of service protection by reaching an agreement for the use of Fire or Fire/Police facilities in a time of need. It is anticipated that agreements can be reached with Valley Com that will meet their needs to continue essential communications services while not adversely impacting Kent's ability to operate. Any agreements resulting form these negotiations would be returned to Council, through the appropriate channels, for approval. The Public Safety Committee recommends approval by the Council to authorize the Fire Department to negotiate an agreement with Valley Com for the use of existing Public Safety facilities for temporary emergency backup dispatch uses. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Safety Committee (3-0) and Fire Chief (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALJPERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H J� ;y Kent City Council Meeting Date March 3 . 1992 Category Consent Calendar 1. SUBJECT: RADIO TRANSMITTER AND ANTENNA SPACE AGREEMENTS 2 . SUMMARY STATEMENT: Authorization to negotiate agreements with interested governmental entities for radio transmitter and antenna space at the city's Cambridge public safety radio site. When the Cambridge radio site was constructed for Kent' s public safety 800 MHz radio system and mobile data terminal (MDT) system, it was designed in a way to allow the City of Kent to expand its radio services at the site while still allowing for the leasing of space to other entities. It was also designed in such a way as to allow the site to be incorporated into a region-wide radio system design. At the present time, the Port of Seattle is interested in negotiating an agreement to locate radio equipment at the site of its new 800 MHz trunked radio system. This system is of the same technology and fully compatible with Kent's system. Concurrently, technical discussions are being held with other governmental entities, including King County, to evaluate the site as part of a county-wide radio system design. It is also anticipated that other public safety users may request use of the space in the future. Coordination of agreements for use of this site will aid in the formation of region-wide communications capabilities. Any agreements resulting from these negotiations would be returned to Council, through the appropriate channels, for approval. The Public Safety Committee recommends approval by the Council to authorize the Fire Department to negotiate and manage any agreements for the placement of radio equipment at the Cambridge site. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Safety Committee (3-0) and Fire Chief (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Age Ala Item No. 3I J� �� �2 ,� �. �� � � � `� � � ��. CONTINUED COMMUNICATIONS A. R E P O j R/ T S XA. COUNCIL PRESIDENT G1 "� A B. OPERATIONS COMMITTEE i l C. PUBLIC WORKS COMMITTEE ,tXD. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE ADMINISTRATIVE REPORTS_�'l 11 CL i 1 C c: 2 Ch OPERATIONS COMMITTEE MINUTES February 11, 1992 City Clerk COMMITTEE MEMBERS PRESENT: Christi Houser Leona Orr Jim White COUNCIL MEMBERS PRESENT: Jon Johnson Paul Mann STAFF PRESENT: Ed Chow Jim Hansen Jim Harris Roger Lubovich Tony McCarthy Alana McIalwain May Miller Rose Nelson Kelh O'Donnell MEMBERS OF THE PUBLIC IDENTIFIED: Steve Dowell Tim Gates Bill Doolittle Jean Parietti The meeting was called to order at 5:35 p.m. by Chairperson Houser. Approval of Vouchers All claims for the period ending January 14, 1992, in the amount of $1,701,446.38 for the 1991 claims; January 15, 1992 in the amount of $741,793.93 for 1992 claims; and for the period ending January 30, 1992 in the amount of $1,238,545.53, for the 1991 claims, and January 31, 1992 in the amount of $1,005,441.95 for 1992 claims. Resolution for a Full-time Mayor Position City Councilmember Paul Mann stated that he felt that it was time that serious consideration be given to increasing the mayor's salary to full-time. He said that, "With a city of Kent's size and budget it is inexcusable to continue with a part-time mayor." He added that, "With all of the administrative responsibilities that fall on the mayor it is time the Council weigh moving in that direction." Mann continued by outlining the questions that he felt needed to be considered: 1. Compensation for Renton and Auburn mayors to ascertain an average. 2. Consider estimation of benefits for similar size city. 3. Administration consider funding for full-time position from Administration's budget. City Attorney Lubovich reviewed the ordinance attached to the agenda. He noted that it was an ordinance and not a resolution as stated on the agenda. The proposed ordinance amends the City Code to reflect a full-time position and salary; in addition, the stipend for meetings would be eliminated under full-time employment. 1 OPERATIONS COMMITTEE MINUTES February 11, 1992 Committeemember White asked about the proposed timing. Mann responded that he felt "a reasonable period of time," but two years seemed too long. He felt the mayor would be agreeable to the change. White stated he had backed a full-time mayor since before he took office and felt the following should be addressed: 1. The hiring freeze - particularly police needs. 2. A memo from the mayor explaining his change of position. 3. Staff reductions in Administration to finance the budget increase for a full-tune mayor. White stated that this position would be "in the ballpark of $80,000" and would need to be justified without having a lay off in light of the hiring freeze. He agreed with the principal but is concerned that the timing isn't right; he suggested it would be better to wait until the election for public input. He noted that this proposal was first mentioned when the mayor was considering running for Congress. White felt that, "it was important that the mayor make a commitment to the City and not use a full-time position as a stepping stone." Committee Chairperson Houser asked if there were any further comments. Committeemember Orr noted that she was concerned with the process. White stated that he felt it should be a campaign issue for 1993 which would encourage public involvement. Orr stated that this would be impractical and would take the City Council out of the decision process; it would make more sense to make the position one or the other so candidates would know what they are running for. During further discussion Orr suggested an advisory ballot could pose a separate question to voters. White asked what costs would be involved. Houser pointed out that a full-time position would open up the office to people who were never involved before and would be too complicated if it was not decided before the election. Houser suggested a public meeting or advisory ballot to gather public input. She further noted that the need is here for a full-time mayor and the Council has some expertise to decide with public input. White again asked why the proposal was being made at this time. Mann stated that the Council has a responsibility to their constituents when they see a need to address it. During his two terms he has seen it become evident that Administration can't function efficiently; important decisions are put on hold. Mann noted that, "It is impossible to run a $65 million business with a part-time mayor and it is irresponsible." White pointed out that Tacoma has a part-time mayor and full-time manager. Mann noted that they have a different form of government. During further debate White asked what the function of Administration was under our form of government. Houser asked for a job description for the next meeting. White asked why a change should be made now instead of part of the 1993 budget process. Mann responded that when he had a hint that it was possible now he decided to act on it. Mann had noted the possibility in his campaign and when the Valley Daily News was covering the election. White stated that he needed some answers. Houser noted that the Committee was requesting responses on: funding, the ordinance, whether it should be full- or part-time, administrations function, the relationship to the hiring freeze, and a survey of other cities. She noted that the Committee is only "fact finding" at this point. 2 OPERATIONS COMMITTEE MINUTES February 11, 1992 Bill Doolittle addressed the Committee stating that he objected to the process. He asked that the Council determine whether the position is full- or part-time as opposed to a political campaign deciding the question. He noted his concern on the timing and suggested it be decided and then implemented in 1994 when the new term took effect. He also said that the administration budget is top heavy and should be thinned out. Doolittle noted that it appears that the salary is trying to be justified first before other basic issues. He suggested that Federal Way,Auburn and Tukwila could also be looked at for salary information. He noted that if the current position was changed mid-term it would not reflect the choice of the people since the mayor had been elected for a part-time position. Lubovich added that the ordinance was pulled directly from the City Code and sets the salary per state statute as well as full- or part-time and whether a stipend will be given. He also explained that in a mayor/council form of government the mayor is the CEO, while in a mayor/manager form the manager is the CEO. He added that the different forms of government should be noted when doing comparisons. Steve Dowell addressed the Committee and asked for more information on the stipend and retirement benefits. Lubovich answered that usually the stipend for meetings is not given for full-time positions. Dowell asked if it would include retirement if full-time. Lubovich answered that he would be entitled to retirement and other benefits as any other full-time city employee. Hansen stated that a cost break out of all benefits would be prepared for cost comparison. Dowell asked what directions the Committee had been given by the Council. Lubovich replied that it had been passed to Committee for review. Houser added that no action was planned at this point the Committee is just trying to find out the facts and gather suggestions and comments. Office of Housing and Human Services Proposal Assistant City Administrator Hansen reviewed with the Committee the history of the Warner Group Study that came out in 1991. At the time of the report the Warner Group had recommended the creation of a Health and Human Services Department consolidating like functions within the City. He further explained that the recommendation proposed combining the CDBG program, Human Services Commission funding, Special Populations and the Senior Center. After reviewing the recommendations,the Mayor endorsed the recommendation for an Office of Health and Human Services without adding the Special Populations Center and Senior Center in his memorandum of May 6, 1991. The proposed Office of Health and Human Services was brought to the Operations Committee on January 14, 1992. Following the initial approval by the Operations and Planning Committees, a Councilmember asked that the original proposal be considered incorporating the Special Populations Center and Senior Center. Hansen recommended that the Operations Committee review the original proposal and invite the Planning Committee and Parks Committee to the next meeting; the Chairpersons of the respective committees have concurred with this approach. Committeemember Orr noted that the staff will develop background information for the next meeting. Houser asked that all of the committees be given the same information. Orr added that it makes sense to have it all at one meeting instead of three times and will save staff time. White stated that he had no problem as long as the other committees can be at the meeting although this doesn't give as much time for public input. He stated that he did have a concern with the timing and how it is decided which recommendations of the management study are implemented. 3 OPERATIONS COMMITTEE MINUTES February 11, 1992 Hansen replied that the study has been systematically implemented with cost neutral items being brought forth every month or two as staff time allows which will continue. At some point all of the cost neutral items will be implemented and it will be determined if other items are feasible. During further discussion, Committeemember Orr asked that a memorandum be sent to all of the Committees so that all of the Council is aware of the process. Steve Dowell asked if there would be any increased costs to establish a new department. Hansen replied there would not be any increase in the general fund at this time. During further discussion Hansen noted that more detailed information would be prepared for the next meeting. Senior Housing_Proiect Bill Doolittle addressed the Committee with some questions relating to the Senior Housing Project. He noted that when the project was initiated there were 300 elderly people in Kent identified. He had some concerns with King County Housing Authority taking applications without giving Kent citizens priority. Hansen replied that Kent residents will receive priority and that income will be a determining factor as well. During further discussion, it was noted that there is only an information list at this time. Some senior citizens are under the false impression that being on the information list has a bearing on the final application process. Hansen noted that a letter is being prepared that will hopefully dampen some of the rumors. A discussion followed regarding the ownership of the land at the completion of the project. Meeting Dates Committeemember Orr asked if the meeting dates could be changed as the current schedule will not work for her. It was decided to meet the lst and 3rd Monday of each month at 5:30 p.m. beginning March 2, 1992. The meeting was adjourned at 6:45 p.m. by Chairperson Houser. 4 Brenda Jacober City Clerk Parks Committee Minutes February 18, 1992 Councilmembers Present: Jon Johnson, Chair; Christi Houser and Jim Bennett. Staff Present: Jim Hansen, Barney Wilson, Don Olson, Tony McCarthy, Brenda Jacober, Alana McIalwain, Tom Brubaker, Karen Ford, Robyn Bartelt, Stephanie Strozyk, Cheryl Fraser, Lea Bishop, Jack Ball, Helen Wickstrom, Patrice Thorell, Lori Hogan, Rose Nelson, Ken Chatwin, Alice Neiffer, Nita Smith, Doreen Higgins and Pam Rumer. Others Present: Bill Doolittle, 412 N Washington - #31; Arron VanLieu and Tony Heath, 228 S. Naden Ave. ; Doug Schwab, Riverbend Men's Club; and Bruce Weissich, Kent Police Department. YOUTH BASEBALL Johnson reported that the issue has been resolved and there is no action requested by the Council. Wilson commented that through the help of Administration, Recreation, the City Attorney's Office, and the Kent School District, an agreement has been reached with Little League on field use. In response to Bennett' s question, Wilson confirmed that the agreement reached will allow Little League to meet their scheduled start date of March 1. GOLF AUDIT REPORT Johnson requested an update on the audit report. McIalwain reported that the committee sent information to the consultant on January 31. She spoke with Mr. Bechtel last week and he indicated that he will have the final report to the City at the end of this week or early next week. Wilson added that McIalwain did a good job in informing Mr. Bechtel that Administration wished for him to follow the RFP so that staff could relate to the report. YOUTH-AT-RISK Johnson explained that the item is on the agenda because Council amended the 1992 budget ordinance to fund the Youth-at-Risk position at full time, and it has since come to his attention that Parks Committee Minutes February 18, 1992 Page Two the position is now only being funded as a 3/4 position. Johnson had the Municipal Research Services Center issue a legal opinion as to whether or not the Mayor can only fund a position at 3/4 time when it was budgeted as full time. (See attached legal opinion. ) Johnson has asked the City Attorney's Office to look at the issue and submit their opinion. Bennett said that he feels the program is good, but he is concerned that the City has a hiring freeze on and questioned what kind of message is being sent to other departments who have positions frozen which they would like to make full time. Johnson explained that he made a motion to fund the position as full time regardless of the history of how it was funded previously and fully recognizing the budgetary impacts, which he said are not large. He felt that the budget impacts are offset by the benefits gained from the program. Johnson said that unless the Council rescinds their previous action, and they have the right to do that, his intent is 'to have the proper procedure and proper law followed. Hansen explained that from Administration's standpoint, the issue has never been centered around the performance of individual (s) or the quality of the program. He said everyone must divorce themselves emotionally from all issues. The hiring freeze is still in place and he felt that the issue comes down to lines of authority. Hansen commented that if the Council wishes for Administration and the Mayor as CEO of the organization to try to run a tight ship, the Mayor has to have the authority to make those decisions. Hansen added that when Administration became aware a couple of weeks into 1992 that the individual was working full time, totally opposite of the desire of the CEO of the organization, the reaction was to question under whose authority the person was working full time. Hansen explained that through working with the Human Resources Director, Administration cut the position back to 3/4 because the person was not authorized to work at a full time level. Hansen said that Administration did not take any further action, although it may have been warranted given the circumstances. Hansen said that Administration is trying to have some consistency Parks Committee Minutes February 18, 1992 Page Three in how they operate the organization administratively and maintain the freeze as long as necessary until there is a turnaround in the City' s financial picture. Johnson agreed with Hansen and said that if the issue can't be resolved without removing emotions, the City will be doing a disservice to the citizens of the community. Johnson announced that the committee will take no further action until the City' s own Legal Department issues an opinion. Once they do, Johnson explained that he will take both legal opinions to the Council to find out their wish and to vote on the issue. Houser agreed that a legal opinion from the City Attorney' s office is needed. She requested more background information (when it was voted on; was anything said about when it should start; was it under the freeze or was it voted outside of that) . Hansen requested that Brubaker put together some sort of sequence of events, along with a legal interpretation for the next meeting. Hansen commented that perhaps after the City Attorney' s office issues their opinion of the Marketing Research opinion, everyone will come out with an understanding of whether the legislative or executive branch of government has the authority in this particular instance. He didn't recall that this has ever been tested before but felt that it is good in that it will clear up the confusion so that this will not occur again in the future. The committee decided that this will come back to the next Parks Committee meeting. FUTURE PARRS COMMITTEE MEETINGS The Committee set the third Tuesday of each month at 5: 30 PM as the new meeting date for Parks Committee meetings. USGA WOMEN'S AMATEUR STATE QUALIFIER TOURNAMENT Bennett reported that the USGA is scheduled to hold its tournament at Riverbend on May 30, 1992 and the group has requested to have green fees waived, or minimal fees, for their qualifying participants. Bennett said that he would like to see a commitment on the USGA's part to purchase prizes and food, and other services from Riverbend that go along with holding a golf tournament. Bennett paralleled this event to the Balloon Classic in that he felt it is such a positive to the community that the benefits Parks Committee Minutes February 18, 1992 Page Four gained from national publicity would be beneficial to the City of Kent. Bartelt reported that there will be approximately 144 golfers, of which 40-60 will be qualifying and the other half would pay regular green fees. Bennett said that he is going to Spokane on business and would like to sit down with the people in Spokane involved in the event last year to get more information. Brubaker requested information from Bartelt (what it will cost the City, how it might impact expected revenue, what non-monetary benefit might the City get) , as the City has to be careful not to make a gift of public funds, even if it is for a good cause. He explained that there are constitutional restrictions against that. The committee agreed that it is okay to honor the USGA' s request if everything works out legally. RIVERBEND MENIS CLUB SURVEYS Doug Schwab reported that he surveyed the Riverbend Men' s Club last October regarding Riverbend Golf Complex. He shared the results with the committee. (See attached survey results. ) Schwab said that some things have improved since the time of the survey, while others haven't. He felt that the survey results underscore that Kent has an excellent facility but the City needs to pay attention to it. He did not feel that the facility is at the level where it could be. Schwab reported at the same time that Wilson asked the Men's Club to provide him with a list of areas for improvement/consideration (see attached letter) . Again, Schwab said that many issues have been addressed and some have not. These are the kind of things the Men' s Club will be interested in this year. KING COUNTY OPEN SPACE BOND ISSUE INTEREST Helen Wickstrom reported that King County added the interest the City accrued on the King County Open Space Bond Issue projects last year to the Interurban Trail project. Wickstrom said it may take Council action to accept the interest, since it involves a budget change. Wickstrom requested the Parks Committee' s approval to accept the $149,851. Parks Committee Minutes February 18, 1992 Page Five Houser moved to accept into the Interurban Trail project budget the interest the City of Kent earned on the King County Bond Issue. Bennett seconded. The motion passed unanimously. MUNICIPAL ;j:0? C I a _ OF WASHINGTON 10517 ME.38TH PLACE KIRKLAND, WA 98033-7926 February 11, 1992 (206)827-4334 FAX(206)82"-5002 BOARD OF DIRECTORS The Honorable Jon Johnson W,iRREYA.BisHoP Councilmember President City of Kent HARRYA.PRYDE .�, Via President 2s.Yth zAcvd. S. LLOYDW PETERSON Kent, WA 98032 Serawry DR.JoxND.IsxH 7Marurer Dear Councilmember Johnson: DIRECTORS This is in response to your inquiry this morning concerning the issue of whether FRED H.A.vokm the mayor has the discretion to make a city employment position less than full W.Ay EC.BOOTH time, with a less than full-time salary, where the council has established in the BETTYDRU.IIHELLER Nkv HE:VRIRSFV budget that the position is to be funded full time with a salary range that reflects ALxoETIE full-time employment. As I indicated to you over the phone, and as discussed G.ELDO.v tNARSHAII L.JOE:IIILLER below, the mayor does not have discretion in this matter and must carry out the BfTMARGERY PRICE EN.IR policy established by the council. SIARGCE DAP/D W.STEI'E.VS JosEPH .STREET There are numerous statutory provisions which provide for the council's authority JOSfPHA.STREET to establish and adjust compensation of city officials and employees and which STAFF establish the duty of the mayor to carry out the policies of the council regarding RICHARD YCKCBOLSKY compensation. In general, RCW 35A.11.020 provides that "[t]he legislative body Emutity Director [city council] of each code city shall have the power . . . to fix the compensation t1I4RClE.1/.KCOBL•CHER and working conditions of [the city's] officers and employees . . ." The salaries or CanfmRer JCDITH COX salary ranges for employment positions are to be set out in the budget document Pubic Finance Consultant or attached and made a part of that document, which budget is passed by the Lta:vEDf,Lib,aln council as an ordinance. RCW 3.5A.33.050- 075. Jn•ajditi;r, RCW . 5A.33.105 SCSA.v C.ExGER provides as follows: Planning Consultant BS'RO.v K. KATSCI.um Public Policy Canulnau Notwithstanding the appropriations for any salary, or salary range RITRICR 1G.MASO.v of any employee or employees adopted in a final budget, the Legal Consultant legislative body of any code city may, by ordinance, change the Room R.AIELVIG Legal Consultant wages, hours, and conditions of employment of any or all of its RoyH.PETERsov appointive employees if sufficient funds are available for Public Ybrks Consultant appropriation to such purposes. PLACE.SCLLIVA.v.JR. Legal Consultant FRED L. W4RD Since the city's salaries are set out by ordinance and may be changed only by Infrnnuttion Slsrents Specaalist ordinance (and thus only by the council), it is clear that the mayor has no authority LEGAL COUNSEL to provide for a lesser or greater salary established by the council in the budget ROBEm F.H.{LTH and/or salary ordinance. The mayor is charged with the duty to faithfully enforce Geaeral Counsel all ordinances. RCW 35A.12.100. Although the mayor has the statutory obligation EMERITUS ERVEsTH. CA.IIPRELL .Bunn ipal Lou-Specialist The Honorable Jon Johnson February 11, 1992 Page 2 to prepare and submit to the council a proposed budget, as required by RCW 35A.33.055, and may within that proposed budget propose that a city employment position be less than full time and funded accordingly, the council may certainly disagree with that proposal and authorize a full- time salary for a full-time position. The mayor would then have no choice but to carry out the mandate of the council. I trust the above analysis addresses the question you posed to me this morning. If I can be of any further assistance, please do not hesitate to contact me. Ve c uiJ younr3, Robert R. Meinig Legal Consultant RRM:sd RIVERBEND MEN'S GOLF CLUB SURVEY RESULTS OCTOBER 1991 TOTAL NUMBER OF RESPONSES 84 18 HOLE COURSE 'Fair/Poor Good Excellent Condition 55% 45% 0% Service 12% 80% 8% DRIVING RANGE Mats 62% 38% 0% Balls 52% 47% 0% PRO SHOP Merchandise 63% 37% 0% Service 48% 50% 2% RIVERBEND MEN'S GOLF CLUB October 28, 1991 Mr. Barney Wilson Director, Parks and Recreation City of Kent 220 4th Ave. S. Kent, WA 98032 Dear Barney, As you suggested, the Men's Club Executive Board has prepared an"Areas for Improvement"list for your consideration. It includes first a list of general recommendations followed by a more specific analysis of the 18-hole course. The Men's Club members are very concerned about the condition of the Riverbend Golf Complex and want to work with the City to help improve the facility. We want to be a positive force that helps to bring out the full potential of our golf courses and driving range. We realize that there are financial, climatic, and personnel factors that limit what can be done, but in it's current condition, Riverbend is giving an otherwise high quality Parks system a tarnished reputation. As a result of the current condition of the golf courses and driving range, Riverbend is losing it's reputation among golfers as a place to go for a quality golfing experience. In fact, in a recent poll conducted by the editors of"Inside Golf," a local Northwest publication, Riverbend was ranked only 28th by golfers who were asked about their favorite places to play in the area. We should do much better. Our Complex has unfortunately, but deservedly, gotten the reputation of having poor Putting surfaces, fairways which contain a lot of messy mud holes with grass that is very thin in places, inconsistent rough, unkept bunkers and water hazards, bare hardpan areas around the collars of the greens,poor yardage markers, problems with slow play, marginal range balls and mats, and an often littered appearance. The City of Kent is known for the quality of it's Park system. At the present time, however, the Golf Complex does not measure up to the high standards set for the other facilities in this community. We hope that the following suggested list of"Areas for Improvement"will help to achieve the goals that we all share for the Golf Complex. Sincerely yours, C) Doug Schwab President GENERAL RECOMMENDATIONS 18 Hole Course 1) The overall condition of all the greens must be improved so that they putt smoothly and true. Speed is not as much the issue as is the need for the greens to be of such condition that balls hold their line when putted. Special attention needs to be given to greens #2 and #9 which have been damaged due to stress caused by lack of water, and to greens #8, #11, and #14 which have deteriorated badly this year. Serious consideration should be given to removing many of the cottonwoods which prevent the necessary light and air to get to these greens. Golfers will overlook other problems, but poor greens will have them taking their business else where. 2) The fairways need to be aerified and top-dressed so that the grass will be able to develop the root structure necessary for proper growth and long term viability. The fairways at Riverbend are thinning out in many places and the ground is compacting to the hardness of concrete. Since the complex opened in 1989 the fairways have not been aerified and this is causing problems as the clay based soil hardens and prevents the water from soaking into the ground. 3) Please address the various drainage problems around the course that have created chronic areas of standing water or mud holes in most of the fairways. These are not areas the just appear when it rains but are there all year around causing portions of the golf course to be unplayable. They are both unsightly and in some cases where algae forms in them possibly unhealthy. These areas can be found on the following holes: #1, #3, #4, #5, #6, #7, #9, #10, #11, #12, #14, #15, #16, #17, #18,. 4) Around many of the greens bare hardpan areas have developed and need attention. These bare patches need to be resoded after the soil has been improved for growth. 5) The rough needs to be cut on a regular schedule to a uniform length that defines the fairways, but is not so long that finding a ball is a difficult task. Also when cutting the fairways and rough a pathway should be mowed at fairway length running from the tees through the rough to the fairway to allow golfers who walk an avenue along which to proceed. 6) The golf course should be measured for distances to greens from sprinkler heads and from 100, 150 and 200 yard markers in order to help speed up play. The cart path should also be marked for distances to the greens. After measuring,plates should be affixed to the sprinkler heads showing the proper distances and some system should be used to mark the 100, 150, and 200 yard distances(i.e. distance markers buried in the fairway) 7) As you replace the flags and pins improve their visibility by getting solid colored pins and flags of distinctively visual colors. You might want to try the red,white and blue system that is being employed on many courses these days. This will also help to speed up play as golfers will be spending less time trying to figure out where the pins are located on the greens. . 8) Try to keep the traps raked and the edges trimmed. We know that the sand in the traps is that recommended by the USGA but it is too soft and fluffy and balls plug or settle too deeply in the sand. 9) Restake those trees that require support so that they are not knocked down or blown over. 10) Develop a roping system that is effective in controlling the movement of golfers around the course and restricts them from areas of repair. 11) Make sure that the margins of the water hazards are marked with red stakes placed at the point where the ground brakes down to form the depression containing the water. These stakes are often found in various places other than where they belong which causes confusion and delays play. Also the out of bounds stakes need to be checked regularly to make sure that they are placed correctly around the course. Stakes should be placed behind the #9 green because the pathway and paved area in front of the maintenance workshop is off the golf course and should be considered out of bounds. 12) Replace the Sanicans with permanent restrooms. 13) When setting out the tee markers make sure that the blocks are placed no closer than two full club lengths from the back of the tee boxes. This has been a problem, especially with t e back or blue tees from time to time. 14) Consider providing on course beverage service during peak play periods to enhance service and revenue. 15) Consider hanging a cork board in the hallway leading to the restrooms in the clubhouse area for the posting of bulletins and tournament entry forms. DRIVING RANGE 1) Improve the general appearance of the range. The place needs a complete,power spray washing to get rid of the built up dirt and grime that has built up over the years and then a good paint job would help. Also, filthy ash trays, smelly and dirty trash cans and old mats right by the doorway look terrible. Cob webs and dirty windows should be taken care of on a regular basis. 2) Continue to improve the turf so that you can minimize the damage to and loss of range balls. 3) New lines need to be painted along the walkway to provide a visual reminder to stand back away from those golfers hitting range balls. 4) Cull damaged or poor quality balls on a regular basis. 5) Improve the quality of the hitting mats. 6) Place a greater number of distance flags or signs out in the range 7) Improve the facilities for the lesson program so that the instructors have an area in which they can utilize the latest training methods and techniques. A space set aside for video taping and an area for play back and analysis needs to be incorporated into the range. SPECIFIC AREAS FOR IMPROVEMENT-18 HOLE COURSE HOLE #1 Mowed pathway needed for walking from tee to fairway Area of standing water 10 yards in front of green Fairway area in front of green side trap is dying Hardpan area on collar of green between trap and green Large area of standing water between green and #2 tee HOLE #2 Area between #2 & #6 fairways dead due to no water Mowed pathway from tees to fairway needed Fairway in landing area compacting, grass thin without base for root growth Large tree on left side of fairway dead due to drainage problem Front of green dead due to lack of water Hardpan areas on collar of green by greenside bunker HOLE #3 Back tee aligned to the right,be careful when setting tee blocks Mowed pathway from tee to fairway needed Four large areas of standing water in the fairway(215yds, 130yds, 100yds,& 50yds from the green) Two low spots 210yds from green in fairway where drainage ditch has settled Area between green and lake needs work and should be roped off to prohibit pull carts and golfers from walking through Hazard stakes along water hazard placed in wrong place HOLE #4 Dangerous area for path users Tee area around bench and sign no grass Hazard stakes in wrong place Standing water and bare ground areas in fairway 180-200yds from green Depression around sprinkler head at back of green needs filling in HOLE#5 Four hardpan or muddy areas around collar of green HOLE #6 Mowed pathway from tee to fairway needed Landing area for second shots grass dying due to poor watering(defective sprinkler?) and compacting of soil Mud hole on right side collar of green HOLE #7 The smell of the Sanican is always bad here Mowed pathway from tees to fairway needed Grass dying on back side of right fairway traps Two very muddy areas to right side of green near path Front of the back bunker needs repair(wall collapsed) HOLE #8 Collar around green worst on the course, especially area in front of back trap to the left side of green Area to left of green unplayable due to cottonwood trees Consider removal of trees to open up green to sun light and to eliminate debris from collecting on green HOLE #9 Mowed pathway from tees to fairway needed Two chronic mud holes in fairway 140 and 100yds from green Muddy areas around right fairway bunker 50 yard area in front of green including front of green is dead or dying due to lack of proper irrigation Collar of green between back trap and green hardpan areas or mud holes Out of Bounds stakes needed behind the green HOLE#10 Four mud holes in the fairway 100-175 yards off the tee Mowed pathway from tees to fairway needed Collar of green left side bare hardpan area HOLE #11 Large muddy area in fairway 50 yards in front of green Very sick green Six areas around collar of green bare hardpan or mud holes HOLE#12 Sprinkler in fairway 110yds. from green needs to be filled in around head Six areas around collar of green bare hardpan or mud holes Hazard stakes need to be placed in correct place HOLE #13 Weeds growing in right greenside trap HOLE #14 Mowed pathway from tees to fairway needed Fairway 50-25yds. in front of green has mud holes Right, back and left sides of green have mud holes,worst on the course HOLE #15 Mowed pathway from tees to fairway needed Collar of green has bare spots and mud holes, back area of the green is especially bad HOLE #16 Collar of the green, right side, mud hole HOLE #17 On left side of hole two trees missing intended to protect golfers on #3 Middle of fairway in landing area 150-180yds from green three large bare ground areas French drain across fairway at 150yd marker needs some fill to level out ruts Fairway left front of green large muddy area Hazard stakes in wrong places Mowed pathway from tees to fairway needed HOLE #18 Mowed pathway from tees to fairway needed Fairway in the tee shot landing area has improved but it is has a few thin and bare spots that need work Two areas in the fairway near the green are muddy with some standing water Hazard stakes are in the wrong places