HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/03/1992 ............
Colty of Kent
mty Council Meetin
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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
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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.
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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
$/ESU/Month
West Side
F, O. P & N 1 . 75 2 . 09 2 . 25 2 . 36 2 . 57 2 . 69
Mill Creek (Auburn) & Mullen Slough
K, M, D. E, 1 . 76 2 . 12 2 . 29 2 . 42 2 . 64 2 . 76
Lake Fenwick (L) 1 . 76 3 . 00 3 . 18 3. . 30 3 . 53 3 . 64
East Side
Mill Creek
Upper (6) 4 . 38 5 . 30 6 . 63 6 . 75 6 . 94 7 . 00
Lower (A) 4 . 51 5 . 62 7 . 08 7 . 39 8 . 30 8 . 70
ULID 306 (Q) 2 . 23 2 . 66 3 . 30 5 . 97 3 . 67 3 . 78
Garrison Creek
Lower (B) 2 . 98 4 . 12 5 . 14 6 . 35 6 . 78 6 . 90
Upper (J&I) 2 . 84 3 . 91 4 . 85 6 . 00 6 . 37 6 . 33
Direct (C) 2 . 11 2 . 53 2 . 75 3 . 63 4 . 56 5 . 01
Soos Creek (H) 1 . 75 2 . 07 2 . 25 2 . 36 2 . 57 2 . 69
*Includes 3 . 5% City Utility Tax
TABLE 3
RATE COMPARISON
Existing Proposed** Net
Basin 1991 1991 Change
West Side
F, O. P. & N 0 . 92 1 . 69 0. 77
Mill Creek (Auburn) & Mullen Slough
K,M, D, E 0 . 92 1. 70 0 . 78
Lake Fenwick (L) 0 . 92 1 . 70 0 . 78
East Side
Mill Creek
Upper (G) 2 . 45 4 . 23 1 . 78
Lower (A) 2 . 50 4 . 36 1 . 88
ULID 306 (Q) 1 . 07 2 . 16 1 . 09
Garrison Creek
Lower (B) 2 . 11 2 . 80 0 . 77
Upper (J&I) 2 . 06 2 . 74 0 . 68
Direct (C) 0 . 97 2 . 04 1 . 07
Soos Creek(H) 0 . 92 1 . 69 0 . 77**
**Exludes 3 . 5% City Utility Tax .
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TABLE 9
IMPACT OF PROPOSED RATE REDUCTION
ON SELECTED CUSTOMERS'
Average
Monthly
Savings Monthly
per Savings
Proposed per Metro T o t a l
W a t e r Water Rate R a t e Monthly
Class & Individual Customer Existing Modifica- Absorption savings
Based on Water Consumption Rate ($) 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, :
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SCALE: 1"=d000'
PL'ANIHEIniCS DEVEL-PED
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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
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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.
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zO KNUD TSEN EN 7 ERPR/SES II
O
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✓A C. PEPE ON
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qq KENNETH D. SABOE
O ✓ON A. BENSON
E. GOWE ST.
O RUSSEL L E. 6 KA THL EEN D UNHAM
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DONALD G. d ✓ACQUELINE WEST
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E. TITUS ST.
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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
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4i
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6
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3 =
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U
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E. r/TUS Sr.
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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
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E. WILLIS ST.
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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 ,� �.
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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