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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/19/1992 eoell -77777 Citmy of Kent Civot Council Meetmin g A e nda CITY OF Mayor Dan Kelleher Ix. :X., . Council Members Judy Woods, President Jim Bennett Paul Mann Christi Houser Leona Orr Jon Johnson Jim White May 19, 199 Office of the City Clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING May 19, 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. Proclamation - National Public Works Week B. Proclamation - Law Enforcement Torch Run for Special Olympics kl e C_K- C. National Insurance Crime Bureau Award�i�`ei. 2 . PUBLIC HEARINGS None 3 . CONSENT CALENDAR A. Minutes B. Bills C. Garrison Heights Final Plat - Set Public Meeting Date D. Hemlock Acres No. 19 - Set Public Meeting Date E. Agreement with Tukwila - Signal at 72nd and S. 180th F. Washington State Dept. of Transportation - Water Main Relocation G. Electric Lightwave Franchise Ordinance .3 0V D H. Highline Water District Franchise Ordinance _�OL(/ I. ASA Riverfront Property Condemnation Ordinance cy , / 4 . OTHER BUSINESS ]` A. State Grant for Shoreline Trust Fund B. Senior Housing Support Services Program C , Rt�� 5. BIDS p None 6. CONTINUED COMMUNICATIONS 7 . REPORTS 8 . ADJOURNMENT NOTE: A copy of the full agenda packet is available in the City Clerk' s Office and the Kent Library. 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. IA. Proclamation - National Public Works Week B. Proclamation - Law Enforcement Torch Run for Special Olympics Week C. National Insurance Crime Bureau Award CONSENT CALENDAR 3 .V city Council Action: Councilmember moves, Councilmember seconds that Consen Calendar Items A through I be approved. Discussion Action rV+1-\ ' 3A. Approval of Minutes. u Approval of the minutes of the regular Council meeting of ( wu May 5, 1992 . 13B. Approval of Bills. Approval of payment of the bills received through May 15 after auditing by the Operations Committee at its meeting at 4 : 00 p.m. on May 18 , 1992 . ti~ Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for Payroll: Date Check Numbers Amount Council Agen a Item No. 3 9B'x Kent, Washington May 5, 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, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Public Works Director Wickstrom, Planning Director Harris, Fire Chief Angelo, Parks Director Wilson, Police Chief Crawford, Assistant City Administrator Hansen, Human Resources Director Olson, Information Services Director Spang, and Finance Director McCarthy. Approximately 50 people were at the meeting. PUBLIC Employee of the Month. Mayor Kelleher announced COMMUNICATIONS that Brenda Jacober has been selected as the Employee of the Month for May. He noted that Brenda began working for the City of Kent as a part-time clerical worker in March, 1975 and then in December, 1991, was appointed City Clerk. He stated that Brenda performs her job functions with a positive attitude and treats everyone with respect and professionalism. Mayor Kelleher also noted that Brenda is a valuable asset to the City and presented her with the Employee of the Month plaque. Police Officer Memorial Day. Mayor Kelleher read a proclamation declaring May 15, 1992 as Police Officer Memorial Day in the City of Kent. He noted that Law Enforcement Officers are often called to put their lives into dangerous situations, and that over 376 police officers have been killed in the line of duty in our country since 1986. He urged all citizens of Kent to take interest and reflect on the sacrifice made by those officers, and the families ' of those offi- cers, who have died in the line of duty. Mayor Kelleher noted that the City Historian, Rae Reitan, has informed him that a City Marshall was killed in the line of duty in 1908 . Chamber of Commerce Presentation. Chris King, President of the Chamber of Commerce, expressed appreciation to Jim Hansen, Assistant City Admin- istrator, who has helped keep the lines of commun- ication open between the City and the Chamber. She presented him with a plaque for his exemplary service to the City of Kent and the business com- munity. Mayor Kelleher added that Hansen has been an extremely helpful and productive member of the management team and that he will be missed. 1 May 5, 1992 PUBLIC (CONSENT CALENDAR - ITEM 3H) WORKS Electric Lightwave Franchise ordinance. ACCEP- TANCE of Electric Lightwave Franchise Ordinance No. 3040 for its first reading before Council, as recommended by the Public Works Committee pursuant to RCW 35A. 47 . 040. The franchise grants Electric Lightwave the right for 10 years to construct, maintain and operate their telecommunications system and City right-of-way. CONSENT CALENDAR - ITEM 3I) Highline Water District Franchise ordinance. ACCEPTANCE of Highline Water District Franchise Ordinance No. 3041 for its first reading before Council, as recommended by the Public Works Com- mittee pursuant to RCW 35A. 47 . 040 . The franchise grants Highline Water District the right for 25 years to construct, maintain and operate their water pipes and City right-of-way in order to operate a domestic water supply system for customers within the City. (OTHER BUSINESS - ITEM 4B) Drainage Utility. The Public Works Committee has reviewed the proposal for the drainage utility rate modifications and has recommended that the actions recommended by the Public Works Director in his memorandum of March 12 in order to imple- ment the drainage utility rate modifications and capital improvement program be approved. WHITE MOVED to adopt Resolution No. 1313 adopting a five-year CIP for the drainage utility, authori- zing and approving the implementation, financing and establishment of budgets for the first year' s program, authorization to proceed with the sale of storm drainage revenue bonds and absorption of the 1992 Metro sewer rate increase. Johnson seconded and the motion carried. WHITE MOVED to adopt Ordinance No. 3042 adopting a new drainage basin map and changing the rate charged by the City for its storm and surface water utility. Houser seconded and the motion carried. 3 May 5, 1992 CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR I be approved. Orr seconded and the motion car- ried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of April 21, 1992 . HEALTH & (CONSENT CALENDAR - ITEM 3G) SANITATION Echo Glen Heights. ACCEPTANCE of the bill of sale and warranty agreement submitted by Mainstream De- velopment Joint Venture for continuous operation and maintenance of approximately 2 , 242 feet of water main extension and 1, 779 feet of sanitary sewer extension constructed in the vicinity of S.E. 271st and 108th Avenue S.E. for the Echo Glen Heights development and release of cash bond after expiration of the one-year maintenance period, as recommended by the Public Works Committee. SPECIAL (CONSENT CALENDAR - ITEM 3C) ASSESSMENT Sole Source Special Assessment System. AUTHORIZA- SYSTEM TION to sole source the Special Assessment System to Idaho Computer Systems for approximately $22 , 000 . A City Selection Committee has reviewed many options for this specialized system and rec- ommends the selection without a competitive bid process. The vendor is the City ' s current utility billing system provider. The City Attorney ' s Office agrees with this action. As additional reason to move ahead, the existing Special Assess- ment System will be the last remaining system run- ning on the old Sperry Computer with the implemen- tation of the Equipment Rental System for which the bid was awarded last month. Cost of the system is covered in the automation budget and its implementation will allow the City to surplus the Sperry equipment and save $26, 000 per year in annual maintenance costs . PUBLIC (CONSENT CALENDAR - ITEM 3F) WORKS Green River Levee Improvements. ACCEPT as com- plete the contract with J. L.R. , Inc. for the Green River Levee Improvements and release of retainage after receipt of releases from the State, as rec- ommended by the Public Works Committee. 2 May 5, 1992 PUBLIC (CONSENT CALENDAR - ITEM 3H) WORKS Electric Lightwave Franchise Ordinance. ACCEP- TANCE of Electric Lightwave Franchise Ordinance No. 3040 for its first reading before Council, as recommended by the Public Works Committee pursuant to RCW 35A. 47 . 040. The franchise grants Electric Lightwave the right for 10 years to construct, maintain and operate their telecommunications system and City right-of-way. CONSENT CALENDAR - ITEM 3I) Highline Water District Franchise Ordinance. ACCEPTANCE of Highline Water District Franchise Ordinance No. 3041 for its first reading before Council, as recommended by the Public Works Com- mittee pursuant to RCW 35A. 47 . 040. The franchise grants Highline Water District the right for 25 years to construct, maintain and operate their water pipes and City right-of-way in order to operate a domestic water supply system for customers within the City. (OTHER BUSINESS - ITEM 4B) Drainage Utility. The Public Works Committee has reviewed the proposal for the drainage utility rate modifications and has recommended that the actions recommended by the Public Works Director in his memorandum of March 12 in order to imple- ment the drainage utility rate modifications and capital improvement program be approved. WHITE MOVED to adopt Resolution No. 1313 adopting a five-year CIP for the drainage utility, authori- zing and approving the implementation, financing and establishment of budgets for the first year' s program, authorization to proceed with the sale of storm drainage revenue bonds and absorption of the 1992 Metro sewer rate increase. Johnson seconded and the motion carried. WHITE MOVED to adopt Ordinance No. 3042 adopting a new drainage basin map and changing the rate charged by the City for its storm and surface water utility. Houser seconded and the motion carried. 3 May 5, 1992 PUBLIC WHITE MOVED to adopt Ordinance No. 3043 changing WORKS the rate charged by the City Water Utility for customers both within and without the City limits. Houser seconded and the motion carried. (BIDS - ITEM 5A) West Hill Storm Drainage Improvements. Bid opening was held April 17 with six bids received. A low bid was submitted by R. L. Alia Company in the amount of $278 , 591. Staff recommends that the bid be accepted. WHITE SO MOVED. Woods seconded and the motion carried. REGIONAL (OTHER BUSINESS - ITEM 4D) JUSTICE ADDED ITEM CENTER Regional Justice Center. Linda Martinez of the Planning Commission commented on a memo from the Planning Commission regarding the King County Re- gional Justice Center. She noted that the Plan- ning Commission recommends that any action, plan- ning or hearing on land use for the justice center be referred to them. WOODS MOVED to make the memo a part of the record. Orr seconded and the motion carried. FIRE (CONSENT CALENDAR - ITEM 3D) DEPARTMENT 1992 Inspection Agreement. AUTHORIZATION for the Mayor to sign interlocal agreement between King County and the City of Kent for 1992 . Each year we sign an agreement with King County and the Commissioners of King County Fire District No. 37 which allows us to perform business inspections in the Fire District. The advantage to us is that we are able to better evaluate and mitigate hazards through field inspections. From a financial standpoint, the County will send money to cover the cost of insurance premiums as would be calculated if we did not have self- insurance. Also, the City will receive a percent- age of the hazardous materials/public assembly in- spection permit fees. The contract remains unchanged from previous years. It is recommended that the Mayor be authorized to sign the inter- local agreement between King County and the City of Kent. 4 May 5, 1992 FIRE (CONSENT CALENDAR - ITEM 3E) DEPARTMENT 1992 Basic Life Support Service Contract. AUTHORIZATION for the Mayor to sign the Basic Life Support Service contract between City of Kent and King County Emergency Medical Services, subject to the City Attorney's modifications. Every six years the public votes on a County-wide emergency medical services levy. Concurrently, we are asked to sign an updated contract. Throughout the term of the contract we are given updates on the amount of funds we are eligible for. The Mayor' s signa- ture is required to execute the contract and to apply for funds. The allocation to the City of Kent is based on funds due the City of Kent and King County Fire District No. 37 . The amount estimated for 1992 is $543 , 501. Staff recommends that the Mayor be authorized to sign the basic life support service contract between the City of Kent and King County Emergency Medical Services. (OTHER BUSINESS - ITEM 4C) Emergency Management operations Plan. The Emergency Management Operations Plan contains the action plan detailing the City' s appropriation, response and recovery efforts as they relate to a major incident. These incidents are identified as either natural or manmade. The plan also explains the integration of the City' s efforts with those of other levels of government. For this plan to become a legal document, it must be signed by the Mayor and submitted to the Washington State Office of Emergency Management for their review and approval. Fire Chief Angelo noted that this issue appears under Other Business because only two committee members were present at the Public Safety Commit- tee meeting when it was discussed. He noted that after this has been submitted to the State, expansion of the plan will continue. MANN MOVED that the Mayor be authorized to sign the City of Kent ' s Emergency Management Operations Plan. Orr seconded. 5 May 5, 1992 FIRE White pointed out that successors to the Mayor DEPARTMENT have been designed as the President of the City Council and the President of the City Council Pro- Tem. Angelo explained that in the absence of the Mayor, the Council President would take over that position, and that if both the Mayor and the Coun- cil President were absent, it is assumed that the Council would determine who would take the lead on a temporary basis. White commented that normally when the Council President is unavailable, the senior-most Council member takes over and MOVED that the third successor in the event of an emer- gency be the senior-most Council member present. Woods seconded and the motion carried. Mann' s motion to authorize the Mayor to sign the docu- ment then also carried. PARKS & (OTHER BUSINESS - ITEM 4A) RECREATION Golf Advisory Committee Recommendations. As recommended by the Parks Committee at their April 27th meeting, approval of the Golf Advisory Com- mittee recommendations for Riverbend Golf Complex is requested. Doug Schwab of the Mens Club noted that the golf course is nearly a $3 , 000, 000 business which needs attention to make sure the financial investment made by the City is being protected and that staff has the support and guidance necessary to do the job. He noted that the Golf Advisory Committee was formed by the Mayor to review the results of an operational and financial audit authorized by Council and to make recommendations regarding the complex to the Parks Committee. Schwab noted that the Golf Advisory Committee meetings were con- ducted in public, although that was not required since the task was specifically to review the report and make recommendations. He explained that interviews and discussions were held with dozens of individuals. He noted that the commit- tee met 3 times and agreed on 12 recommendations, and that the recommendations were presented to the Parks Committee on April 27 . He explained that the recommendations address issues of management and administration, policies and practices, main- tenance, planning and financial accountability, and that only one requires the direct expenditure 6 May 5, 1992 PARKS & of funds and that one is only for $700 to be paid RECREATION out of golf complex budget. Schwab went over each of the following 12 recom- mendations: 1. Continue to operate the Golf Complex under City management, however, establish a Golf Advisory Committee with representatives from user groups, the community at large, the Complex, the Administration, and the City Council to provide input regarding issues related to the operation of the Golf Complex. The Committee should report to the City Council Parks Com- mittee. 2 . Establish the position of Golf Director to oversee all golf related activities. Then con- sult with the PGA Community Relations Office to review employment contract options for a Golf Director and finally hire an experienced indi- vidual through an open interview process, with recommendations from the Golf Advisory Commit- tee. 3 . Review the advantages/disadvantages of having the Golf Complex report directly to Administra- tion. 4 . Look for ways to increase cash flow such as in- creasing cart utilization and having peak and off-peak pricing policies. 5 . Review cash handling procedures on a regular basis. 6. Evaluate automating the purchase of driving range balls. 7 . Evaluate the snack bar operation to find ways to increase its revenues and the services that it provides. 8 . Bring in the USGA Greens Section advisory staff for regular consultations and based upon their recommendations and those of the Superinten- dent, purchase the necessary equipment to 7 May 5, 1992 PARKS & maintain and improve the condition of the Golf RECREATION Complex. 9 . Prepare a plan to improve the driving range facility. The plan should address expanding the hitting areas and establishing facilities for conducting quality golf instruction. 10. Develop financial statements that show the profit/loss for each of the Complex' s revenue sources and review the appropriateness of cur- rent administrative charges being made against the Golf Complex budget. 11. Audit the Pro Shop (merchandise sales) opera- tion to determine if at the current inventory levels, its financial viability is worth the risk the City has undertaken. This audit should be completed by October 1, 1992 . 12 . Prepare a five year operating plan which will contain long and short range goals, revenue and expense projections, and a future needs analy- sis. He said that flaws in the organizational structure were identified which created an absence of man- agement continuity, resulting in problems with planning, implementation and execution, and that the first three recommendations address this and offer solutions. Schwab noted that Parks Director Wilson suggested recommending that a permanent advisory committee be formed which would help the City address the many and varied issues that relate to the golf complex, because under the cur- rent system, golf complex issues have to come to the Parks Committee which meets monthly and is responsible for all Parks issues. For this reason golf complex issues do not always get a thorough hearing and sometimes take several months to be resolved by Parks and be sent on to Council. Schwab noted that the golf complex itself has formed an advisory committee to advise it, and noted that recommendation #1 refers to an advisory committee to advise the City through the Parks Committee. He noted that there is some concern that the golf clubs would end up running the golf complex. 8 May 5, 1992 PARKS & Regarding recommendation #2 , Schwab noted that the RECREATION City lacks an individual with golf management skills in a permanent position of authority. He added that a position of golf professional exists but is currently unfilled, and is structured so that it lacks the necessary authority and respon- sibility. He said a redefinition of the responsi- bilities would strengthen the City' s management of the complex. He noted that the committee is aware that if any costs were attributable to filling this position, it would only be done when the cur- rent hiring freeze is lifted. Schwab said the committee felt that having the golf complex report to Administration is not an issue it is prepared to make a decision on. He noted that the complex contains ten separate businesses with the potential for more, and that the decision should be left to the Council. Schwab noted that recommendations #4 , 5, 6, and 7 are all actions that the committee and the consul- tant felt should be taken by the golf complex man- agement staff in order to more efficiently and profitably run the golf complex. Regarding recommendation #8, Schwab noted that next to debt service the cost of maintenance is the largest item in the golf complex budget. He said that the committee and consultant identified problems in this area resulting from the fractured management structure within Parks Administration, the lack of proper equipment, negligent mainte- nance practices, and poor planning and implementa- tion of maintenance practices. He noted that the USGA is scheduled to be at the golf complex on May 13 , and that this is the item which will cost $700. Schwab stated that in regard to recommendation #9 , the driving range will require the most attention to realize its potential, because of its age and design. He stated that with changes, $500, 000 or more could be realized annually. 9 May 5, 1992 PARKS & In regard to recommendation #10, Schwab noted that RECREATION current financial reports have not been structured in such a way that the kinds of analyses that need to be made to the expense side of the budget as they relate to gross revenues can be done very easily. He added that questions have arisen regarding the appropriateness and the amount of charges for city services being assessed against the golf complex budget. Regarding recommendation #11, Schwab noted that an audit of the pro shop is a requirement of the con- tract awarded to the Parks Department in May of 1990 . He said that many questions exist about inventory levels, quality of service, cost of goods sold, profitability, and shrinkage, and said that a contract for a director of golf might be funded in part by merchandise sales. He added that this audit should determine if the revenues and costs are consistent with the projections made at the time the RFP was awarded to Parks. Schwab stated that recommendation #12 stands for itself. Schwab clarified for the Mayor and White that it is their intent that the committee would be formed by Administration, and that the golf management staff would run the golf course. Upon White' s question, Chow stated that the consultant ' s report is available to Council . Schwab explained that the financial reports would be developed by Finance Director McCarthy and his staff, and White commented that those could be done with or without an advisory committee. Schwab noted for White that Council should decide who would do the audit of the pro shop, and that golf course management staff would review the cash handling procedure. White questioned why these things are not being done now by the State Auditor and Finance Depart- ment. Upon Mann' s question, Schwab said that this could be called a commission or a board, rather than a committee. 10 May 5, 1992 PARKS & Ted Laudenback stated that there is the danger RECREATION that these clubs and golf associations can take over management of the complex. He said that most of the recommendations are management responsibil- ities, and that he has found that most all of these items have been addressed to management in some form. He said Schwab and his associates would like to direct the golf complex. He said that an advisory committee should go to the Golf Director and not to the next level, and that the lines of authority have been usurped. He ques- tioned whether Parks Director Wilson has not already asked for these things and been turned down because funds were not available. Parks Director Wilson stated that the staff at Riverbend is doing a good job and there is no better municipal golf course in the Northwest. He noted that the golf course is new, will be under construction for three more years, and that they have a good maintenance crew, good management, and a good golf pro. He pointed out that two years ago Doug Schwab was in favor of contracting out the merchandise and lessons. Wilson stated that the difference between the projected income and the projected expense will be about $1, 000, 000 and that the bonded indebtedness is $560 , 000. He fur- ther noted that Auburn' s golf course makes approx- imately $30, 000, Renton about $50, 000 and Bellevue $316, 000. He added that Riverbend is a perfectly located golf course. He noted that the only thing which is not up in percentage of income is the driving range, which is being returfed. He said merchandise was up 42% over the first four months of this year. Wilson pointed out that most of the advisory com- mittee' s recommendations are being taken care of, and that since Council and Administration sets priorities and policies, they should not be on the advisory board. He said an advisory board would be an exaggeration of what already exists at the golf course. White asked whether funds were authorized for irrigation of the Par 3 and Wilson explained that when the 18-hole was in develop- ment, they planned to put a line underneath Meeker Street to get enough pressure to handle the Par 3 11 May 5, 1992 PARKS & and the driving range. He said $20, 000 was bud- RECREATION geted to put the pipe in, but there are no funds to put in the sprinkling system. He added that they are trying to spend the $20, 000 on some needed equipment. Schwab clarified that his questions regarding the RFP were not about whether the City should run the merchandise operation, but about the validity of the process under which the RFP was being awarded. He stated that there is no effort on behalf of the Mens or Womens Clubs to take over management of the golf complex. Bennett stated that the Classic is a far superior golf course to Riverbend at this stage in its development, and that Classic wishes to provide a quality golf experience and therefore their rates are higher, and there are fewer tee times. He noted that other municipal golf courses have more tee times in order to collect more revenue and in the process they harm the golf course. He clarified for the Mayor that the Classic is a private golf course open to the public. Schwab distributed a summary of the responses from the survey of the Men' s Club and WOODS MOVED to make it a part of the record. Orr seconded and the motion carried. Mr. Laudenback reiterated that an advisory commit- tee normally answers to a Director of Operations, who consequently handles their concerns. Schwab explained that the Advisory Committee is an advo- cate for the golf complex, and that staff at the complex are aware of that. Parks Director Wilson asked that a decision be made at this time as to whether the golf complex should report to Adminis- tration. He also asked that, since they have a golf pro on contract at this time, the Council allow them to put the golf pro on the payroll on an interim basis. He explained that after the USGA person is here, it could be determined when to advertise that position. He noted that the Classic Golf Course was held at bay for nearly a year after it was developed, and that by opening Riverbend early it got heavy use but brought in about $700, 000 to help pay for some of the cost overruns. He added that the golf course is not operating in the red, but that they should have 12 May 5, 1992 PARKS & borrowed more money and paid it off in a greater RECREATION length of time. Bennett asked if it is not a fact that the pro was offered a contract a year ago saying that if he took charge of disposing of the excess merchan- dise, he would be put on full time, knowing at that time that there was a hiring freeze. Wilson responded that the hiring freeze happened right at that time and he was not able to put him on as a pro. Bill Doolittle noted that he had attended a Park Advisory Committee meeting which was open to the public, but that no public testimony was taken. He said that the golf course is projected to take in $3 , 084 , 000 this year and its estimated expenses are $2 , 100, 000, indicating that the golf course is making a lot of money. He disagreed with Schwab that the condition of the golf course is due to the fractured Parks administration and negligent maintenance practices. He pointed out that this advisory committee has made not 12 but 13 recom- mendations, the 13th being action taken at the last Council meeting. The Mayor pointed out that it is not fair to saddle the committee with whether or not the golf course is making money, and that one of their recommendations is to review financial policies. Schwab noted that in 1991 the golf complex generated $2 , 900, 000 in gross reve- nues and had expenses of approximately $1, 900, 000 . He noted that the City of Spokane operates four golf complexes for $1, 800, 000 . He added that the golf complex is saddled with a debt service of $750, 000 plus $200 , 000 in other charges being made against it. He stated that the positive budget balance for 1991 was $26, 464 . He suggested looking at ways in which the complex can continue to operate without having to charge the citizens of this community out of the general fund to pay off expenses. Schwab stated that the action taken by Council regarding the Vertidrain equipment was not a recommendation of the Golf Advisory Commit- tee, although it was discussed as a separate issue, and was then recommended by the Parks Com- mittee. 13 May 5, 1992 PARKS & Parks Director Wilson stated that the bonded RECREATION indebtedness of the golf course is $560, 000 a year rather than $750, 000 as stated by Schwab. He said that Schwab is including payments for the 9-hole golf course and the driving range. Wilson stated that the Council bought the golf course to avoid apartments being built there, and at that time he convinced them that they need to take the driving range also, which they did. He said that since Riverbend is doing well , the Finance Department has seen fit to take the bill for the old golf course and add it to the Riverbend bonded indebt- edness, making it $560, 000 plus $140, 000. He said they are charged $80, 000 for administrative costs, which was never discussed when doing the financial study for the golf course. He reiterated that the golf course is doing well . He pointed out that the Green River Trail goes through the golf course and that more people use the trail than the golf course, and added that they appreciate the oppor- tunity to combine park and golf maintenance. Carl Hart noted that he has been a golfer for 45 years and that he has played the Classic twice recently, as well as others, and that Riverbend is in the best condition of any publicly owned golf course. He added that it is not the same type of course as the Classic. He said he believes that the Parks Department should continue to operate the course and that there should be an advisory board to give advise to the Parks Committee on how to operate the golf course because golfers have ideas that perhaps staff does not have. Finance Director McCarthy noted that they have been doing financial statements since the golf course has been in business, although they have not been shared with the Parks Committee. He said he plans to attend a Parks Committee meeting soon and show them a complete set of financial state- ments including long range plans for the acquisi- tion of equipment. He said that the golf course has asked for equipment in the past but that there has never been a way to fund the equipment. He explained the debt service, noting that the total is approximately $1, 000, 000. He added that they have not been charging the golf complex that 14 May 5, 1992 PARKS & entire amount. He said the Council can determine RECREATION who should pay these debt services. Mann com- mented that the citizens own the golf course and all other City property and that it is important to have citizen involvement. He endorsed having citizen involvement on an advisory board level and disagreed with having the Council on the advisory board and recommended excluding them. JOHNSON MOVED to approve the Golf Advisory Commit- tee recommendations for Riverbend Golf complex. Bennett seconded. Johnson recommended amending his motion as follows: 1) to eliminate council- members as voting members of the committee except to establish one councilmember as an ex-officio non-voting member of the committee; 2) to revise recommendation #3 so that the golf course continues to be managed by the Parks Department; and 3) to revise recommendation #2 to read that the position of Golf Director be established and the City Attorney be directed to prepare the ordi- nance creating that position in the budget. Bennett accepted only the first amendment and it was incorporated into the motion as a friendly amendment. JOHNSON THEN MOVED to amend his motion to continue to have the golf course managed by the Parks Department. White seconded. Johnson clarified for Orr that there would be no further review of the advantages and disadvantages of having the golf complex report to Administration and that it should be administered by the Parks Department. Bennett said that review of the advantages and disadvantages is a valid request. Johnson said he would agree to reviewing it periodically and reporting back to the Parks Committee but White did not agree. Johnson did not chose to revise his motion, and the motion to amend the main motion to change recommendation #3 to read that the City Council endorses the continued operation of the golf course by the Parks Department was de- feated upon a roll call vote, with Johnson, Mann and White in favor, Woods abstaining, and Bennett, Houser, Orr and Mayor Kelleher opposed. Upon White ' s question, the Mayor asked that the City Attorney consult the rules regarding abstaining from voting. 15 May 5, 1992 PARKS & JOHNSON MOVED to amend his motion so that recom- RECREATION mendation #3 reads that management of the golf course be continued as part of the Parks Depart- ment, with annual review by the Parks Committee. The motion died for lack of a second. Schwab said that this is not an issue that the advisory board would want to take up. JOHNSON MOVED to amend the motion by revising recommendation #2 to state that the position of golf director be established, recognizing that Administration will decide whether to fund the position, and directing the City Attorney to pre- pare the required ordinance. White seconded. Houser noted that that had been done and the money has not been available to hire a golf director. Schwab clarified for the Mayor that there is a position of golf professional at the golf complex which is an unfilled position and explained that the recommendation was to redefine the responsi- bilities of that position. He suggested changing the wording of recommendation #2 to say "define" the position of golf professional . Schwab also stated that many golf directors are paid solely from commissions or incentives. Johnson and White both agreed to use the word "define" . Wilson noted that they are currently paying a con- tract and that it would not be a great expense to transfer it over. He noted that the pro would be hired as a city employee to manage parts of the golf course. He said if the golf course stays in the Parks Department they would like to have the authority to write the job description for the pro which would best serve Riverbend. He added that complete charge of the golf course by the pro would not work. The Mayor clarified that the motion before the Council is to amend the main motion to establish the position of golf director as outlined in recommendation #2 and to add language stating that the scope of work for that position will be reviewed and potentially redefined. The motion to amend carried. 16 May 5, 1992 PARKS & MANN MOVED to amend the main motion to change the RECREATION word "committee" to "board" . Johnson seconded. The motion carried. The Mayor explained for White that any City board or commission can determine how often they will meet and whether City staff will be involved. He added that typically the City would provide staff to attend the meetings. Upon a roll call vote, the motion to approve the Golf Advisory Committee recommendations, to eliminate Councilmembers as voting members except one as an ex-officio non-voting member, to provide that the scope of work for the golf director be reviewed and potentially redefined, and changing the name from Committee to Board, then carried with only White opposed. (OTHER BUSINESS - ITEM 4E) ADDED ITEM BY BILL DOOLITTLE Vertidrain Equipment. Bill Doolittle noted that at the Council meeting of April 21st, Councilmem- ber Bennett moved to rent Vertidrain equipment from the Classic Golf Course for $200 a day, as directed by the Golf Advisory Committee on a 5-0 vote, and that the motion was seconded and passed by Council. He pointed out that in the following discussion it was noted that an alternative source would also rent the equipment for $200 a day and would absorb all repair costs and rebate 75% of the rental fee if the City chose to purchase the equipment. He added that based upon Bennett' s motion and the vote of the Council , a contract was executed with Classic. Doolittle noted that the equipment has arrived at Riverbend, but has been inoperable for at least five days. He noted that the alternate source provided his equipment so that work on the golf course could continue. He suggested that Council give direction to the golf course as to whether they can get out of the con- tract and whether they can make decisions on their own regarding this issue without coming back to Council . Bennett defended his position on this issue and noted that the superintendent chose to pick up the equipment himself and take a rush course on operation of the equipment, even though part of the agreement was that Classic would 17 May 5, 1992 PARKS & provide someone at Riverbend to demonstrate use of RECREATION the equipment. Keith Sandon, Director of Golf at Classic Country Club, stated that they had agreed to loan out their machine, that a price was agreed upon and a contract was signed. He said that the equipment had less that 50 hours use when it left their property and that although they experienced some problems, they had operated it for approxi- mately 42 hours without problems. He opined that the City is experiencing problems because it has not been run correctly. Mayor Kelleher stated that he would not allow any more comments on this item unless there is a motion from the Council. No Councilmember chose to make a motion of any kind regarding the Verti- drain. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through April 30, 1992 after auditing by the Operations Committee at its meeting at 5: 30 p.m. on May 4 , 1992 . Approval of checks issued for vouchers: Date Check Numbers Amount 4/16-4/30/92 0117517-0118043 $1, 393 , 331. 88 Approval of checks issued for payroll : Date Check Numbers Amount 5/5/92 01171763-01172380 $ 534 , 766. 48 REPORTS Council President. Woods noted that Suburban Cities will meet on May 13th in Issaquah and asked Councilmembers to make arrangements through Christi Ryan. Public Works Committee. White noted that the Public Works Committee now meets on the 1st and 3rd Wednesday of each month at 5: 30 p.m. He added that at the next meeting they will discuss the public transit area and the circulator transit system for the City of Kent. 18 May 5, 1992 REPORTS Public Safety Committee. Mann announced that the Public Safety Committee meetings have been changed to 5: 30 p.m. on the ist and 3rd Monday of each month. EXECUTIVE At 9 : 05 p.m. City Attorney Lubovich announced an SESSION executive session of approximately 15 minutes to discuss labor negotiations and potential litiga- tion regarding a City-owned facility. ADJOURNMENT At 9 : 30 p.m. the meeting reconvened and adjourned. Brenda )acber, CMC City C e 19 Kent City Council Meeting Date May 19 , 1992 Category Consent Calendar 1. SUBJECT: GARRISON HEIGHTS FINAL PLAT NO. SU-89-7 T1> 42A 2 . SUMMARY STATEMENT: Authorize June 2, 1992 for a public meeting to consider Garrison Heights Final Plat Map. The property is approximately 8. 6 acres in size and is located at the southeast corner of the intersection of So. 213th Place and 94th Place So. 3 . EXHIBITS: None 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCALIPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3C V( tl' hh Kent City Council Meeting Date May 19 1992 Category Consent Calendar 1. SUBJECT: HEMLOCK ACRES NO. 19 (NO. SU-88-8) 2 . SUMMARY STATEMENT: AuthoriA June 21 1992 for a public meeting to consider Hemlock Acres No. 19 Final Plat Map. The property is approximately 3 . 66 acres in size and is located along the east side of 112th Ave. S.E. , approximately 650 feet north of S.E. 240th Street. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES FISCALIPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agend Item No. 3DJ( v SV \ ti Kent City Council Meeting (� Date May 19, 1992 Category Consent Calendar 1. SUBJECT: TRAFFIC SIGNAL 72ND AND S. 180TH 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign interlocal agreement with Tukwila for transfer of maintenance and operation of traffic signal at 72nd and S. 180th after installation by the City of Kent. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes and agreement 4 . RECOMMENDED BY: Public Works Committee (unanimous vote-Mann and Johnson present; Bennett and White absent) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3EC Public Works Committee May 6, 1992 Page 2 Wickstrom explained the reason he proposed the change to the moratorium was so that we could address these types of situations. Paul Mann asked if there was some way to address it as a health problem. Wickstrom stated that if the Health Department declared it as a health risk, we could form the L. I.D. even if there were 1005% protest. The usual L. I.D. process would require a 60% protest to defeat an L. I.D. However, in other situations the Health Department has been very reluctant to take this step. Wickstrom emphasized to Mr. Thomas that it will be important for the supporters of the L. I.D. to attend the Council meetings when the project is discussed. Mr. Thomas commented about the water system in the area. Wickstrom explained that if the L.I.D. goes together, the City would rebuild the water line at the same time and share the cost of the road restoration with the property owners. As to timing on the project, Wickstrom stated he would have an engineer available in a couple of weeks to begin work on the project. Paul Mann asked for an update on the Kent Covenant Church application. Wickstrom explained he will have this same engineer work on both projects simultaneously. He will prepare the estimates and meet with the property owners to determine whether they support the project. Traffic Signal 72nd Avenue and S. 180th Wickstrom explained that in 1988 we formed an L. I.D. to install a traffic signal at 72nd Avenue and S. 180th. However, the placement of the signal would be in the city limits of Tukwila. We have been working with Tukwila since then in developing the necessary interlocal agreement so that we could proceed with the project. We now have the agreement signed by Tukwila in that they will allow us to construct the signal in their right of way and we will turn it over to Tukwila for operation and maintenance. Wickstrom requested authorization for the Mayor to sign the agreement. The Committee unanimously recommended approval for the Mayor to sign. Meeting Chanae Tom Brubaker informed the Committee that since the regularly scheduled time of the Public Works Committee meeting is being changed, the Committee should pass a motion establishing that. The Committee unanimously passed the motion establishing the meeting time for the Public Works Committee to be the first and third Wednesdays of each month at 5 : 30 p.m. INTERLOCAL AGREEMENT FOR SOUTH 180TH STREET AND 72ND AVENUE SOUTH THIS AGREEMENT, made and entered into this day of _ , 1992, by and between the City of Kent, hereinafter called "Kent" and the City of Tukwila, hereinafter called "Tukwila" . WHEREAS, the Cities of Kent and Tukwila are authorized by Chapter 39 . 34 RCW to enter into agreements for the purpose of interlocal cooperation, and WHEREAS, the Cities of Kent and Tukwila are authorized by RCW 35 . 51. 020 to contract for the integrated planning, management and operation of local improvements; and WHEREAS, the City of Kent has formed Local Improvement District No. 333 ( "L. I .D. 333" ) to construct a traffic signal at the intersection of S. 180th Street and 72nd Avenue South in Tukwila, for the purpose of improving access from an area within Kent onto and from S . 180th Street, and WHEREAS, Tukwila has the responsibility for the maintenance of traffic control facilities within its corporate limits, including S . 180th Street at this intersection, and NOW, THEREFORE, it is mutually agreed as follows : Section 1 Kent is constructing a fully functional eight phase traffic signal as part of L. I .D. 333 . This signal will provide traffic control for vehicular access from 72nd Avenue South to South 180th Street (South 43rd Street) . This improvement will benefit the Kent and Tukwila communities by providing better access from this area to a major east/west corridor. Section 2 a. Upon completion of the construction of the L. I .D. 333 and final acceptance of the L. I .D. 333 assessment roll by Kent, Kent will transfer maintenance and operational responsibilities for the traffic signal and all related appurtenances to Tukwila. The City of Tukwila and/or any properties in Tukwila will be exempt from any L.I .D. assessments . PAGE 1 of 4 b. Tukwila agrees to accept maintenance and operational responsibilities for said traffic signal and to relieve Kent from all responsibilities in the operation, maintenance and reconstruction of these features in accordance with this agreement. Tukwila also agrees to operate and maintain said traffic signal in accordance with high engineering standards, and in conformity with the same standards, practices and requirements which Tukwila uses and employs on signals owned, maintained and operated by Tukwila. Kent and Tukwila agree that the controller for this traffic signal shall be a Traconex 390 . Kent agrees that Tukwila's approval of construction will be a condition of acceptance. C . Kent agrees to provide Tukwila with copies of the design and the construction traffic control plan for approval . d. Upon retirement of all of the bonds to be issued by the City of Kent to finance the improvements within its L. I .D. 333, Kent shall transfer ownership of the traffic signal and all related appurtenances to the City of Tukwila, and Tukwila shall accept ownership of the traffic signal and all related appurtenances from the City of Kent. The method of transfer of ownership shall be by quit claim deed or such other form of deed as the Cities may mutually agree. Section 3 The City of Tukwila will protect, save and hold harmless Kent, its elected officials, agents and employees, from all claims, actions, damages or expenses of any nature whatsoever by reason of the acts or omissions, subject to the Tukwila City Council 's acceptance of maintenance and operational responsibilities of the subject signal and appurtenances, of Kent, its elected officials assigns, agents, contractors, licensees, invitees, employees or any acts or activities authorized by this agreement. Tukwila further agrees to defend the City of Kent and its elected officials, authorized agents and employees in any claims, actions, complaints or litigation, including payment of any.costs or attorney fees for any claims, actions, complaints, or litigation commenced thereon arising out of or in connection with the acts or omissions or activities authorized by this agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of Kent, PAGE 2 of 4 its elected officials, authorized agents and employees, PROVIDED further, that if the claims or damages are caused by or result from the concurrent negligence of (a) Kent and its agents or employees and (b) Tukwila, its agents or employees, this indemnity provision shall be valid and enforceable only to the extent of each City's concurrent negligence. Section 4 No liability shall be attached to Kent or Tukwila by reason of entering into this agreement except as expressly provided herein. Section 5 This agreement is a complete expression of the terms hereto and merge and supersede any prior negotiation, representation and agreements between the parties . Any oral representation or understanding not incorporated herein is excluded. Section 6 Any amendments or modifications to this agreement must be in writing and approved by both parties . Section 7 Any notices hereunder shall be given in writing and shall be deemed given if delivered in person or deposited in any U.S . Postal Service mail box, sent registered or certified, return receipt requested, and first class postage prepaid, addressed to the appropriate party as follows : CITY OF KENT CITY OF TUKWILA 220 FOURTH AVENUE SOUTH 6200 SOUTHCENTER BLVD KENT, WA 98032 TUKWILA, WA 98188 Addresses may be changed by written notice of the change to the other party. Section 8 This agreement shall remain in full force and effect until the transfer of ownership of the traffic signal and all related appurtenances contemplated by Section 2d hereof. PAGE 3 of 4 Section 9 A copy of this agreement shall be filed with the City Clerks of the City of Kent and the City of Tukwila, the King County Records Division and the Secretary of State pursuant to the requirements of RCW 39 . 34 . 040 . IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. Attest: City of ' ukwila BY: BY- ITS614 Approved as to form ,I��} BY: ;/, ITS• 6 A 2! Attest: City of Kent BY: BY: ITS Approved as to form BY: ITS• PAGE 4 of 4 1n, Kent City Council Meeting UU Date May 19 , 1992 Category Consent Calendar 1. SUBJECT: WATER MAIN RELOCATION - AGREEMENT WITH WSDOT 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign agreement with WSDOT for relocation of a portion of the City's Kent Springs and Clark Springs Water Transmission Mains lying within the project limits of the State's Kent-Kangley Road widening project and transfer of $306, 000 from the Unencumbered Water Utility Funds for this project. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes, memo from Public Works Director, fiscal note and agreement 4 . RECOMMENDED BY: Public Works Committee (unanimous vote - Mann and Johnson present: Bennett and White absent) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: �'�NNO YES FISCAL/PERSONNEL NOTE: Recommended"' Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS- 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3F PUBLIC WORKS COMMITTEE MAY 69 1992 PRESENT: Paul Mann Ed White Jon Johnson Mrs. Rust Don Wickstrom Bill Doolittle Tom Brubaker R. Wayne Thomas Ed Chow Water Main Relocation Wickstrom explained that the State will be widening SR 516 between 132nd and 160th Avenue S.E. We have two transmission mains that lie within the project limits. Originally, the State requested we remove our transmission mains out of the area which would have been quite costly. Through negotiations we have reached an agreement for modifications and adjustments at a cost of approximately $556, 000. This also includes adjustment work on our water main in the area of their SR 515 project. There are funds available in the unencumbered water utility fund; thus, there is no general fund impact. Wickstrom added we are pretty much required to relocate under terms of our franchise with the State. The Executive Committee has concurred with the request to transfer the funds from the unencumbered water funds. The Committee unanimously recommended approval for the Mayor to sign the agreement and to transfer the funds from the unencumbered funds of the water utility. Petition for Sewer - Derbyshire area Paul Mann stated this was on the agenda at his request. Wickstrom responded that staff has just received the petition. Normally, after receiving a petition, a cost estimate would be prepared and an informal meeting held with the property owners at which they would be advised of the costs. If there is still interest in proceeding with the L.I.D. , we would then go before Council and ask authorization to form the L. I.D. Wickstrom commented the area has needed sewers for quite some time. We recently constructed a sewer L. I.D. in a neighborhood close to this area. Paul Mann stated he has been to the area and feels it is certainly a health hazard. Mr. Thomas stated he had circulated the petition in the area. While he is not a resident, he is speaking for his grandmother who does live in the area. On that particular block, there are three septic systems that are currently in failing situations. Most of the residents of the area are in favor of the project. Residents on 120th Avenue are not as supportive as they are not experiencing any septic system difficulties due to the topography of the area. DEPARTMENT OF PUBLIC WORKS April 29, 1992 TO: PUBLIC WORKS COM�M11TTEE FROM: DON WICKSTROM �l.l,/ RE: WATER MAIN RELOCATION The State will be widening SR 516 (Kent Kangley Road) between 132nd Avenue S.E. and 160th Avenue S. E. beginning approximately July of this year. A portion of both our Kent Springs water transmission main and our Clark Springs water transmission main lie within the right of way for this project. The State will be relocating and/or protecting those portions of the mains which lie within the project limits for which the City will reimburse the State. Based upon pure guess-timates due to lack of any detailed plans, we budgeted $250, 000 from the water fund for this work which also included possible water main work on their SR 515 (Benson Highway) project. With the completed plans and cost estimate, the actual work is estimated to cost $556, 000 or $306, 000 in additional funds. It should be noted, however, this expense is significantly less than the State's original proposal which could have cost into the millions. Since we have a franchise to use the State's right of way for our transmission mains (Kent and Clark Springs) , we are obligated to do what they want when they want. But after much negotiation - and some suggestions of possible political involvement - we were able to reduce the extent of our adjustment to that covered in the agreement. Unencumbered water funds are available and the Executive Committee has concurred with using same for this project. We recommend approval for the Mayor to sign the agreement with the State and authorization to transfer $306, 000 from the unencumbered funds of the water fund to this project fund. WICKSTROM,DON / KENT70/PW - HPDesk print. ----------------------------------------- Message. Dated: 04/22/92 at 1245. Subject: EXECUTIVE COMMITTEE OF 4/22 Sender: Tony MCCARTHY / KENT70/FN Contents: 2. TO: Don WICKSTROM / KENT70/PW Part 1 . TO: Don WICKSTROM / KENT70/PW CC: Ed CHOW / KENT70/AD Jim HANSEN / KENT70/AD Jim HARRIS / KENT70/PL Alana MCIALWAIN / KENT70/AD Don OLSON / KENT70/PR Part 2. WITH RESPECT TO YOUR REQUESTS AT EXECUTIVE COMMITTEE TODAY, THE FOLLOWING RESPONSE IS PROVIDED. 1) GUIBERSON STREET RESERVOIR LANDSCAPING - THE COMMITTEE CONFIRMED IT'S PREVIOUS POSITION THAT THE ENTIRE PROJECT SHOULD BE DEFERRED UNTIL THE FREEZE IS LIFTED AND YOU CAN HIRE THE APPROPRIATE MAINTENANCE PERSONNEL. 2) KENT KANGLEY ROAD WATER MAIN RELOCATION - THE USE OF UNENCUMBERED WATER FUNDS OF $306,000 IS APPROVED FOR THIS PROJECT BASED ON THE FACT THAT THE CITY HAS NO CHOICE UNDER ITS FRANCHISE AGREEMENT WITH THE STATE. THESE FUNDS WILL BE ADDED TO ALREADY BUDGETED RELOCATION FUNDS OF $250,000 FOR A TOTAL PROJECT COST OF $556,000. THE COMMITTEE COMMENDS YOUR EFFORTS TO REDUCE THE COST TO THIS LEVEL WHEN INITIAL INDICATIONS FROM THE STATE WERE THAT THE AMOUNTS MIGHT BE A LOT HIGHER. AdOL T 11tiNYMrn ftEM 0"rWrMd Of 7Y=P W*08M -„ ORGANIZATION AND ADDRESS UTILITY CONSTRUCTION City of Kent AGREEMENT 220 4th Avenue South WORK BY STATE—ACTUAL COST Kent, Washington 98032 AGREEMENT NUMBER SECTION/LOCATION Y � 0 �b 132nd Avenue S.E. to 160th Avenue S.E. STATE ROUTE ICONTROLSECTION I DISTRICT MP. 9.37 to MP. 11 .04 NUMBER NUMBER NUMBER Widen to 5 Lanes 1 ADVANCE PAYMENT AMOUNT $15% of estimated total This AGREEMENT, made and entered into this day of 19 , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transporta- tion, by virtue of Title 47 RCW, hereinafter called the "STATE", and the above named organization, hereinafter called the "UTILITY." WHEREAS, the STATE is planning the construction or improvement of the State Route shown above, and in connection therewith it is necessary to remove and/or relocate or construct certain UTILITY facilities as set forth in the attached plans, and WHEREAS, it is deemed to be in the best public interest for the STATE to include the necessary items of work for relocating and/or constructing the UTILITY's facilities in the STATE's construction contract, and WHEREAS, the STATE is obligated for the relocation of facilities where the UTILITY has a compensable interest in its facilities and right-of-way by virtue of being located on easements or UTILITY owned right-of-way, the UTILITY is obligated to reimburse the STATE for any relocation costs required for facilities not on easements or UTILITY owned right-of-way. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, or attached --and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I The UTILITY agrees, upon satisfactory completion of GENERAL the work involved, to deliver a letter of acceptance which Federal-Aid Highway Program Manual, Volume 6, shall include a release and waiver of all ' .ture claims or Chapter 6, Section 3, Subsection I (FHPM 6-6-3-1), and demands of any nature resulting from the pei formance of the amendments thereto, determine and establish the definitions work under this AGREEMENT. and applicable standards for this AGREEMENT and pay- 11 ment hereunder, and by this reference are incorporated PAYMENT hereby and made a part of this AGREEMENT for all in- tents and purposes as if fully set forth herein. An itemized estimate of cost for work to be performed by the STATE marked Exhibit "B" is attached hereto, and The STATE, as agent acting for and on behalf of the by this reference made a part of this AGREEMENT. UTILITY, agrees to do the work in removing, relocating and/or constructing the UTILITY facilities, in accordance The UTILITY, in consideration of the faithful perform- with and described in the specifications marked Exhibit "A" ante of the work to be done by the STATE, agrees to reim- and plans marked Exhibit "C" attached hereto, and by this burse the STATE for the actual direct and related indirect reference made a part of this AGREEMENT. cost of all work which is the financial responsibility of the UTILITY as defined in Exhibits "A" and "B". Plans, specifications and cost estimates shall be pre- pared by the STATE in accordance with the current State of Partial payments shall be made by the UTILITY, upon Washington Standard Specifications for Road, Bridge, and request of the STATE, to cover costs incurred. These pay- Municipal Construction, and adopted design standards, un- ments are not to be more frequent than one (I) per month. It less otherwise noted. The STATE will incorporate the plans is agreed that any such partial payment will not constitute and specifications into the STATE's project and thereafter agreement as to the appropriateness of any item and that, at advertise the resulting project for bid and, assuming bids are the time of final audit, all required adjustments will be made received and a contract is awarded, administer the contract. and reflected in a final payment. The UTILITY hereby approves the plans and specifica- The UTILITY agrees to pay the STATE the "Advance tions for the described work as shown on Exhibits "A" and Payment Amount" stated above within 20 days after the STATE submits its first partial payment request to the ✓ UTILITY. The advance payment represents approximately The UTILITY may, if it desires, furnish an inspector on fifteen (15) percent of the estimate of cost for which the the project. Any costs for such inspection will be borne solely UTILITY is responsible, and covers costs incurred by the by the UTILITY. All contact between said inspector and the STATE in the initial stages of the project. The advance pay- STATE's contractor shall be through the STATE's repre- ment will be carried throughout the life of the project with sentatives. final adjustment made in the final payment. III VIII EXTRA WORK RIGHT OF ENTRY In the event unforeseen conditions require an increase in The UTILITY hereby grants and conveys to the the UTILITY's cost obligation of 25 percent or more from STATE the right of entry upon all land which the UTILITY that agreed to on Exhibit "B", this AGREEMENT will be has interest, within the right of way of the highway, for ' modified by supplement AGREEMENT covering said in- purpose of improving and/or constructing said highway,.- crease. As noted in Exhibit "A" the UTILITY will, after relo- In the event it is determined that any change from the cation and/or adjustment of their facilities, execute and de- description of work contained in this AGREEMENT is re- liver to the STATE a quit claim deed removing all UTILITY quired,approval must be secured from the UTILITY prior to interests from within the STATE's right of way. the beginning of such work. Where the change is substantial, Upon completion of the work outlined herein, all future written approval must be secured. operation and maintenance of the UTILITY's facilities shall Reimbursement for increased work and/or a substantial be at the sole cost of the UTILITY and without expense to change in the description of work shall be limited to costs the STATE. covered by a written modification, change order, or extra IX work order approved by the UTILITY. EASEMENT, PERMIT OR FRANCHISE IV The STATE will issue the UTILITY an easement, per- SALVAGE mit or franchise,as provided in Exhibit"A",for those UTIL- All materials removed by the STATE shall be reclaimed ITY facilities which remain on or cross the STATE's right of or disposed of by the STATE and shall become the property way following completion of the work outlined herein. of the STATE. If the UTILITY desires to retain these mate- rials,and the STATE concurs, the UTILITY shall reimburse LEGAL RELATIONS the STATE an amount not less than that required by the FHPM 6-6-3-1. The UTILITY shall indemnify and hold the STATE V and its agents, employees, and/or officers harmless from and BETTERMENTS shall process and defend at its own expense any and all claims, demands; suits at law or equity, actions, penalties, If adjustment of the UTILITY's facilities does consti- losses, damages, or costs, of whatsoever kind or nature, tute a betterment as defined in FHPM 6-6-3-1, the better- brought against the STATE arising out of, in connection ment credit will be included in the estimate of cost. with, or incident to the execution of this AGREEMENT VI and/or the UTILITY's performance or failure to perform ACCRUED DEPRECIATION any aspect of this AGREEMENT. Provided,however,that such claims are caused by or result from the concufrent nel,._. If adjustment of the UTILITY's facilities does involve a ligence of (a) the UTILITY and (b) the STATE, its agents, credit due for the accrued depreciation of the facility being employees and/or officers, this indemnity provision shall be replaced, this value will be included in the estimate of cost. valid and enforceable only to the extent of the negligence of the UTILITY, and Provided further, that nothing herein VII shall require the UTILITY to hold harmless or defend the COMPLIANCE STATE, its agents, employees and/or officers from any The UTILITY agrees to comply with all applicable re- claims arising from the sole negligence of the STATE, its quirements of the STATE which shall be in accordance with agents, employees, and/or officers. the Utilities Accommodation Policy, Chapter 468-34 WAC, No liability shall attach to the STATE or the UTILITY and amendments thereto, and said policy and amendments by reason of entering into this AGREEMENT except as ex- are hereby incorporated in and made a part of this AGREE- pressly provided herein. MENT for all intents and purposes as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. UTILITY STATE OF WASHINGTON- DEPARTMENT OF TRANSPORTATION By: Title: By; Date: DOTForm 224-062 Rmv d 8/86 QX A-175 AGREEMENT UT 0376 EXHIBIT "A" SPECIFICATIONS AND SPECIAL CONSIDERATIONS The work proposed under this Agreement provides for the construction, installation, and adjustment of water line facilities owned and operated by the City of Kent hereinafter referred to as the "CITY" . EXHIBIT "C", sheet 1 of 9 Vicinity map showing location of the project. I WORK TO BE PERFORMED BY THE STATE EXHIBIT "C", sheet 2 of 9 (plan/profile) 1. Install 110 L.F. of 24 in. diameter Ductile Iron Pipe (class 52) - including Excavation Safety System from Sta. 148+20 (231Rt. ) to Sta. 149+29 (441Rt. ) 2 . Install 24 in. diameter HDPE Molded Flange Adapter- including Excavation Safety System Sta. 149+29 (341Rt. ) . 3 . Install Cathodic Test Station: Sta: 149+27 (341Rt. ) . 4 . Install 4 in. combination Air Valve with Chamber Assembly: Sta. 149+32 (361Rt. ) . EXHIBIT "C", sheet 3 of 9 (plan/profile) 1. Install 313 L.F. of 24 in. diameter Ductile Iron Pipe (class 50) - including Excavation Safety System from Sta. 167+00 (261Rt. ) to Sta. 170+13 (341Rt. ) EXHIBIT "C", sheet 4 of 9 (plan/profile) 1. Install 102 L.F. of 24 in. diameter Ductile Iron Pipe (class 50) - including Excavation Safety System from Sta. 176+25 (261Rt. ) to Sta. 177+45 (261Rt. ) EXHIBIT "C", sheet 5 of 9 (plan/profile) 1. Install 4 in. combination Air Valve with Chamber Assembly: Sta. 195+95 (601Lt. ) . PAGE A-1 AGREEMENT UT 0376 2 . Install 66 L.F. of 24 in. diameter Ductile Iron Pipe (class 52) - including Excavation Safety System: from Sta. 193+93 (21'Lt. ) to Sta. 194+59 (23 'Lt. ) 3 . Install 46 L.F. of 24 in. diameter Ductile Iron Pipe (class 52) - including Excavation Safety System: from Sta. 195+77 (23 'Lt. ) to Sta. 196+23 (211Lt. ) 4 . Install Steel Spool Connections including Excavation Safety System: Sta. 193+92 (21'Lt. ) ; Sta. 196+23 (21'Lt. ) . 5. Install 104 L.F. of 24 in. diameter Steel Water Main- including Excavation Safety System: from Sta. 194+66 (23 'Lt. ) to Sta. 195+70 (23 'Lt. ) . 6. Install Cathodic Test Station: Sta: 194+93 (21'Lt. ) ; Sta: 196+23 (34 'Lt. ) . 7 . Install 24 in. diameter Flexable Expansion Joints- including Excavation Safety System: Sta. 194+59 (23'Lt. ) ; Sta. 195+70 (23 'Lt. ) . EXHIBIT "C", sheet 6 of 9 (plan/profile) 1. Construction Details : Ductile Iron Bell and Spigot Rubber Gasket Joint, Combination Air Valve Assembly with Chamber, Insulated Flange Joints, Standard Pipe Laying Conditions, Cathodic Test Station. EXHIBIT "C", sheets 7 of 9 (plan/profile) 1. Soos Creek Crossing Connection Details. EXHIBIT "C", sheets 8 of 9 (plan/profile) 1. Kent Springs Water Main Relocation - Pipe Support Details. EXHIBIT "C", sheets 9 of 9 (plan/profile) 1. Hanger Utility Support Details for 12 inch diameter Water Line. II WORK TO BE PERFORMED BY THE CITY None III FINANCIAL RESPONSIBILITY THE CITY shall be responsible for 100 percent of costs involved to perform the work as described in this Agreement as detailed in Exhibit "B" attached hereto, and by this reference made a part of this AGREEMENT. PAGE A-2 AGREEMENT UT 0376 7 EXTRA WORK In the event unforeseen conditions require an increase in the CITY's cost obligation of 25 percent or more from that shown in Exhibit "B", this AGREEMENT will be modified by a supplemental agreement covering said increase. In the event it is determined that any change from the description of work contained in this AGREEMENT is required, approval must be secured from the CITY prior to the commencement of such work. Where the work is substantial, written approval must be secured. Reimbursement for increased work and/or substantial change in the description of work shall be limited to costs covered by a written modification, change order, or extra work order approved by the CITY V SALVAGE The materials to be removed by the STATE have no salvage value as defined in the FHPM 6-6-3-1. VI • PERMIT OR FRANCHISE By the terms and provisions of Consolidated Franchise Number 6675 and Amendment Number 1, THE CITY OF KENT was granted permission to construct, operate and maintain an underground Water system on a portion of State Route 516, in King County. The CITY will be responsible for obtaining the required franchise amendment from the STATE. PAGE A-3 AGREEMENT UT 0376 AGREEMENT UT 0376 EXHIBIT"B" ESTIMATE OF COST 1.0 WORK BY STATE, MATERIALS (REIMBURSABLE @ 100%). Std. Item No. Description Unit Qty. Price Unit Total 0001 Mobilization @ 10% of Materials* L.S. 1.0 $26,027.00 $26,027.00 ** Install 24 in. Ductile Iron Water- L.F. 415.0 $155.00 $64,325.00 Main (class 50). 3874 Install 24 in. Ductile Iron Water- L.F. 222.0 $174.00 $38,628.00 Main (class 52). ** Install 24 in. Steel Water Main L.F. 104.0 $462.00 $48,048.00 ** 4 in. combination air valve - ea. 2.0 $13,919.00 $27,838.00 with chamber assembly ** Install Water Main Protection ea. 15.0 $809.00 $12,135.00 ** Cathodic Test Station ea. 3.0 $2,332.00 $6,996.00 ** Excavation Safety System L.F. 677.0 $20.00 $13,540.00 ** 24 in. dia. HDPE Molded - ea. 1.0 $760.00 $760.00 Flange Adapter ** Double Flexable Ball Joints ea. 2.0 $20,750.00 $41,500.00 ** Steel Spool Connections ea. 2.0 $500.00 $1,000.00 ** Hanger Utility Supports ea. 11.0 $500.00 $6,500.00 TOTAL CONTRACT COST $286,297.00 Washington State Sales Tax (8.2%). $21,342.14 $307,639.14 Engineering (10%). $30,763.91 $338,403.05 Administrative Overhead (9.3%). $31,471.48 TOTAL' ESTIMATED AGREEMENT.COST: $369,874.54' * Mobilization and engineering cost will be determined by a pro-ration of the mobilization and engineering cost of the entire project to the construction costs of the work covered by this agreement. ** Non-Standard Bid Items B-1 AGREEMENT UT 0376 Kent City Council Meeting Date May 19, 1992 Category Consent Calendar 1. SUBJECT: ELECTRIC LIGHTWAVE FRANCHISE ORDINANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, acceptance of the Electric Lightwave Franchise Ordinance for its second reading and adoption, granting Electric Lightwave a 10-year franchise to construct, maintain and operate telecommunication systems within City rights-of-way. 3 . EXHIBITS: Ordinance and excerpt from Public Works Committee Minutes 4 . RECOMMENDED BY: Public Works Committee (unanimous vote 3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agep�la Item No. 3G PUBLIC WORKS COMMITTEE APRIL 21, 1992 PRESENT: Jim White Ed White Jim Bennett Kevin Lindell Paul Mann Tony McCarthy Don Wickstrom Johnie Nall Carol Morris Mr. and Mrs. Rust Gary Gill Byron Beck Ed Chow Joe Hembree The minutes of the previous meeting should be corrected to indicate that Ed Chow was in attendance. Parkside Walkway Jim Bennett commented that he had gone out to the walkway area and is in favor of leaving it open as he feels it serves a useful purpose. Mr. Hembree commented about the light shining into his yard and the graffiti on the fence. Bryron Beck suggested a crosswalk on Military leading from the pathway. He observed that the vandalism to his property has diminished since the walkway has been improved. Paul Mann suggested graffiti removal from the fence might be a good project for the work program of the correctional facility. It was also suggested that the police provide more emphasis in patrolling 38th. The Committee unanimously recommended, if funds allow, installing an additional light in the walkway and providing shields for the new as well as the existing light to prevent light from spilling over into the abutting homes, using the correctional facility work release inmates to remove the graffiti from the fence and to install a crosswalk on Military adjacent to the walkway. After discussion, Jim White asked that the cost for installation of a blinking light over the crosswalk be brought back before the Committee for consideration. Electric Lightwave Franchise Wickstrom commented that Electric Lightwave had requested authority to use Kent right of way for their fiberoptic telecommunications system. The City Attorney's office has worked with Electric Lightwave in developing the franchise ordinance agreeable to both parties. Jim White asked if the City would be reimbursed. Carol Morris explained that since they are using it for telecommunications, by State law, we can not impose a franchise fee. In response to a question from Jim White, Carol explained further that Section 10 of the franchise ordinance provides for a franchise fee if they change their type of service. The Committee unanimously recommended approval for the Mayor to sign the franchise ordinance. Kent City Council Meeting Date May 5 , 1992 Category Consent Calendar 1. SUBJECT: ELECTRIC LIGHTWAVE FRANCHISE ORDINANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee pursuant to RCW 35A. 47 . 040, acceptance of the Electric Lightwave Franchise ordinance for its first reading before Council. The franchise grants Electric Lightwave the right for 10 years to construct, maintain and operate their telecommunications system and City right-of-way. 3 . EXHIBITS: Memo from Public Work Director, letter from Electric Lightwave, franchise ordinance and excerpt from Public Works Committee minutes 4 . RECOMMENDED BY: Unanimous recommendation of Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H DEPARTMENT OF PUBLIC WORKS April 16, 1992 TO: PUBLIC WORKS CO', f L' FROM: DON WICKSTROM RE: ELECTRIC LIGHTWAVE FRANCHISE Electric Lightwave, Inc. has requested the use of Kent right of way to construct, operate and maintain a fiber optic telecommunications system within the City. The City Attorney' s office has been working with Electric Lightwave in the development of a franchise agreement a copy of which is included in your agenda. In order to adopt a franchise ordinance, it must first be introduced to Council at which time no action is taken, then published in the paper and brought back before Council for adoption. We are recommending that the franchise ordinance be adopted and the Mayor authorized to sign same following the prescribed procedure. a -• Mailing Address: Electric Lightwave,Inc. Post Orrice Box 4959 _r 949CTRIe Vancouver, Washington 98662 ... ._....... .. . ...I.... .. .. . . . .... .. Corporate Of LIG AVE 204S.E. SronemillD ive, Su ef 4 � 280 Vancouver, Washington 98684 (206)892-1000 Fax:(206)253-8934 Portland:(5031284-0000 Seattle:(2061 44 1-8400 December 31, 1991 Mr. Don Wickstrom Director of Public Works City of Kent 220 4th Avenue South Kent, WA 98032-5895 Dear Mr. Wickstrom: Electric Lightwave, Inc., (ELI) hereby requests authority to use the public right of way to construct, operate and maintain a fiber optic telecommunications system within the city of Kent. ELI is headquartered in Vancouver Washington and currently operates Metropolitan Area Networks (MANS) in Seattle and Portland. ELI is a subsidiary of Citizens Utilities CapitalCorp, a wholly-owned subsidiary of Citizens Utilities, a triple A rated corporation that provides a variety of utility and communications services to more than 500 communities in 12 states. ELI's existing customers include banks, hospitals, large industries, government agencies and other large volume users as well as other telecommunications carriers. Services include direct access to long distance carriers, networking of customer facilities and connection to other telecommunications networks. ELI's all-digital fiber-optic network provides its customers with high-speed voice, data and video transmission service at exceptionally high levels of quality and reliability. Two design features of ELI's Metropolitan Area Networks set them apart from traditional telecommunications systems. First, each network is 100 percent fiber optic and 100 percent digital. This type of system design provides the most reliable transmission medium for telecommunications. ELI provides its all digital fiber optic service directly to customers' locations. Second, the network is built in facilities separate from local telephone company's facilities. Because these facilities are separate, they serve as primary or alternative communications systems for some users while serving as backup systems for others. The services offerred by ELI combined with ELI's unique strengths in terms of system design, customer satisfaction and competitive pricing have resulted in a positive response from businesses and local government agencies in other cities. LECT,�IC........ LIGHT6h/e4YE ELI is currently marketing its services to existing and potential businesses in the city of Kent. The response has been very positive. Like businesses located in the cities of Portland and Seattle, businesses located in Kent recognize the need for the quality and reliability of fiber-optic telecommunications technology. Impact on city facilities is expected to be minimal. ELI will endeavor to design and construct a system that minimizes the impact on city facilities by making use of existing utility facilities. ELI looks forward to working with representatives of the city of Kent and becoming a part of your business community. Barbara Cronise of The Business Consulting Group, representing ELI will contact you after the first of the year to provide additional information as needed and to proceed with ELI's acquisition of the necessary authority to make use of city right of way. If you have questions in advance of her call, she may be reached at (503) 235-9050 or feel free to contact me directly. Sincerely, Earl Kamsky Vice President f ORDINANCE NO. I ( AN ORDINANCE of the City of Kent, Washington, granting unto Electric Lightwave, Inc. , a Delaware corporation, its successors and assigns, the right, privilege, authority and franchise for ten �( years, to construct, maintain, operate, replace and repair a telecommunications system, in, across, over, along, under, through and below certain designated public I� rights-of-way and public properties of the City of Kent, Washington. I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Franchise Granted. Pursuant to RCW 35A. 47 . 040, the City of Kent, a Washington municipal corporation (hereinafter the "city") , hereby grants to Electric Lightwave, Inc. , a corporation organized under the laws of the State of i Delaware (hereinafter "ELI") , its heirs, successors, legal representatives and assigns, subject to the terms and conditions ( hereinafter set forth, a franchise for a period of ten years, beginning on the effective date of this ordinance. This franchise shall grant ELI the right, privilege and authority to construct, operate, maintain, replace, and use all necessary equipment and facilities thereto for a telecommunications system, in, under, on, across, over, through, along or below the public right-of-ways and public places located in the City of Kent, as approved under City permits issued pursuant to this franchise. i �I I I i it i it !� I it II I I) II Section 2 . Non-Exclusive Franchise Grant. This franchise is granted upon the express condition that it shall not 1 in any manner prevent the City from granting other or further franchises in, along, over, through, under, below or across any I I of said right-of-ways, streets, avenues or all other public lands and properties of every type and description. Such franchise shall in no way prevent or prohibit the City from using any of �Isaid roads, streets or other public properties or affect its ; jurisdiction over them or any part of them, and the City shall ( retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the City may deem fit, including the dedication, establishment, I maintenance, and improvement of all new rights-of-ways, i thoroughfares and other public properties of every type and description. Section 3 . Relocation of Telecommunications System Facilities. ELI agrees and covenants at its sole cost and expense, to protect, support, temporarily disconnect, relocate or j remove from any street any of its installations when so required i by the City by reason of traffic conditions or public safety, 1' dedications of new right-of-ways and the establishment and i improvement thereof, freeway construction, change or j I establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that ELI shall in all such cases �ihave the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section I of cable required to be temporarily disconnected or removed. � i I If the City determines that the project necessitates the relocation of ELI ' s then existing facilities, the City shall: i I ... i I jI 2 i I �I a) At least sixty (60) days prior to the commencement I of such improvement project, provide ELI with written notice requiring such relocation; and i �I b) Provide ELI with copies of pertinent portions of i 1 the plans and specifications for such improvement project and a proposed location for ELI ' s facilities so that ELI may relocate t � its facilities in other City right-of-way in order to accommodate �i such improvement project. c) After receipt of such notice and such plans and specifications, ELI shall complete relocation of its facilities j at no charge or expense to the City so as to accommodate the it improvement project at least ten (10) days prior to commencement Of the project. ELI may, after receipt of written notice requesting it a relocation of its facilities, submit to the City written f alternatives to such relocation. The City shall evaluate such alternatives and advise ELI in writing if one or more of the alternatives is suitable to accommodate the work which would ii otherwise necessitate relocation of the facilities. If so 1; requested by the City, ELI shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by ELI full and fair consideration. In I the event the City ultimately determines that there is no other reasonable alternative, ELI shall relocate its facilities as otherwise provided in this Section. I jI The provisions of this Section shall in no manner preclude or restrict ELI from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the i facilities to be constructed by said person or entity are not or will not become City-owned, operated or maintained facilities, �I ij 3 it itli I provided that such arrangements do not unduly delay a City 'Iconstruction project. I' ,i Section 4 . ELI ' s Maps and Records. . After construction � i � is complete, and as a condition of this franchise, ELI shall provide to the City upon request and at no cost, a copy of all as built plans, maps and records. Section 5 . Excavations . During any period of (, relocation or maintenance, all surface structures, if any, shall be erected and used in such places and positions within said public right-of-ways and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property, and ELI shall at all I times post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39 . 04 . 180 for the construction of trench safety systems. I I i Whenever ELI shall excavate in any public right-of-way or other public property for the purpose of installation, con- struction, repair, maintenance or relocation of its cable or equipment, it shall apply to the City for a permit to do so and shall give the City at least three (3) working days notice thereof. In no case shall any work commence within any public j i ; right-of-way or other public property without a permit, except as lotherwise provided in this franchise ordinance. During the I progress of the work, ELI shall not unnecessarily obstruct the j ( passage or proper use of the right-of-way, and shall file as built plans or maps with the City showing the proposed and final location of the cable. i� i 4 �I i ,j Ii I I If either the City or ELI shall at any time plan to make excavations in any area covered by this franchise and as described in this section, the party planning such excavation I shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (1) such joint use shall not unreasonably delay the work of the party causing the excavation to be made; (2) such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (3) either party may deny such request for 111safety reasons. Section 6. Restoration after Construction. ELI shall, after abandonment approved under Section 13 herein, or installation, construction, relocation, maintenance, or repair of cable/facilities within the franchise area, restore the surface of the right-of-way or public property to at least the condition same was in immediately prior to any such installation, construction, relocation, maintenance or repair. All concrete encased monuments which have been disturbed or displaced by such work shall be restored pursuant to all federal, state and local standards and specifications. ELI agrees to promptly complete all restoration work and to promptly repair any damage caused by such work to the franchise area or other affected area at its ;isole cost and expense. Ij Section 7 . Emergency Work -- Permit Waiver. In the event of any emergency in which any facilities located in or under any street, breaks, are damaged, or if ELI ' s construction area is otherwise in such a condition as to immediately endanger the property, life, health or safety of any individual, ELI shall immediately take the proper emergency measures to repair its facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals I �J 5 I I � 1I �1 l ! 'I �I Ilwithout first applying for and obtaining a permit as required by I ithis franchise. However, this shall not relieve ELI from the requirement of obtaining any permits necessary for this purpose, and ELI shall apply for all such permits not later than the next succeeding day during which the Kent City Hall is open for business. Section 8 . Dangerous Conditions Authority for City to Abate. Whenever construction, installation or excavation of facilities authorized by this franchise has caused or contributed i� to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the i , public, an adjoining public place, street utilities or City I� property, the Public Works Director may direct ELI, at ELI ' s own expense, to take actions to protect the public, adjacent publi places, City property or . street utilities; and such action may— j I i include compliance within a prescribed time. j' In the event that ELI fails or refuses to promptly take I! the actions directed by the City, or fails to fully comply with �Isuch directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets , or street utilities, or to maintain the lateral support I thereof, or actions regarded as necessary safety precautions; and 11 I I ELI shall be liable to the City for the costs thereof. iI I I ! Section 9 . Recovery of Costs . ELI shall pay a filing fee for the City' s administrative costs in drafting and processing this franchise agreement and all work related thereto. i !iELI shall further be subject to all permit fees associated with i! activities undertaken through the authority granted in this i jfranchise ordinance or under the laws of the City. Where the . I I� ii 6 �I I ' i I I ' I I I lcity incurs costs and expenses for review, inspection or supervision of activities undertaken through the authority granted in this franchise or any ordinances relating to the subject for which a permit fee is not established, ELI shall pay i such costs and expenses directly to the City. In addition to the �iabove, ELI shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving ELI ' s cable and facilities. j Section 10 . City' s Reservation of Rights. Pursuant to I Section 35 . 21 . 860 of the Revised Code of Washington (RCW) , the jI City is precluded from imposing a franchise fee on a telephone business as defined in RCW 82 . 04 . 065, except for administrative expenses or any tax authorized by RCW 35 . 21. 865 . ELI hereby warrants that its operations as authorized under this franchise are those of a telephone business as defined in RCW 82 . 04 . 065. As a result, the City will not impose a franchise fee under the terms of this ordinance, other than as described herein. However, the City hereby reserves its right to impose a �Ifranchise fee on ELI for purposes other than to recover its i administrative expenses or taxing, if ELI ' s operations as authorized by this franchise change so that not all uses of the I ; franchise are those of a 'telephone business ' as defined in RCW 82 . 04 . 065 ; or, if statutory prohibitions on the imposition of ` such fees are removed. In the former instance, the City reserves its right to require that ELI obtain a separate franchise for its change in use, which franchise may include provisions intended to regulate ELI ' s operations, as allowed under applicable law. I Section 11 . Indemnification. ELI hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and I jl 7 i i � ( representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by ELI ' s own employees to which ELI might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to ! property of which the negligent acts or omissions of ELI, its agents, servants, officers or employees in performing this i ifranchise are the proximate cause. ELI further releases, �icovenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards . or liability to any person (including claims by ELI 's own employees, including those claims to which ELI might otherwise have immunity under Title 51 RCW) arising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of ELI ' s exercise of the rights granted herein, or by l virtue of the City' s permitting ELI ' s use of the City's rights-of-way or other public property based upon the inspection , or lack of inspection of work performed by ELI, its agents and I servants, officers or employees in connection with work lauthorized on the City' s property or property over which the City `1has control, pursuant to this franchise or pursuant to any other 1permit or approval issued in connection with this franchise. I� i This covenant of indemnification shall include, but not be limited by this reference, claims against the City arising as a result of the negligent acts or omissions of ELI, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work in any public right-of-way or lother public place in performance of work or services permitted under this franchise. Inspection or acceptance by the City of any work , performed by ELI at the time of completion of construction sha71 l � 1 I } 8 I I I� II �Inot be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. In the event that ELI refuses the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) , to have been a wrongful refusal on the part of ELI, then ELI shall pay all of the City' s costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys ' fees and the reasonable costs of the City, including reasonable attorneys ' fees of recovering under this indemnification clause: Should a court of competent jurisdiction determine that this franchise agreement is subject to RCW 4 . 24 . 115 , then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of ELI and the City, its officers, employees and agents, ELI ' s liability hereunder shall be only to the extent of ELI ' s negligence. It is further specifically and I expressly understood that the indemnification provided herein constitutes ELI ' s waiver of immunity under Title 51 RCW, solely i for the purposes of this indemnification. This waiver has been mutually negotiated by the parties . I I The provisions of this Section shall survive the expiration or termination of this franchise agreement. I I 9 II I i ii � �I If I I i i i I I I� I� II Section 12 . Insurance. ELI shall procure and maintain I for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from I or in connection with the exercise of the rights, privileges and I ' authority granted hereunder to ELI, its agents, representatives �lor employees. ELI shall provide a copy of such insurance policy to the City for its inspection prior to the adoption of this I franchise ordinance, and such insurance shall evidence: i 1. Automobile Liability insurance with limits no less than $1, 000 , 000 Combined Single Limit per accident for bodily injury and property damage; and I I 2 . Commercial General Liability insurance policy written on an occurrence basis with limits no le than $1, o00, 000 Combined Single Limit per occurrence and $1, 000, 000 aggregate for personal injury, bodily injury and property damage. fl Coverage shall include but not be limited to: lblanket contractual; products/completed operations; broad form property; explosion, collapse and i underground (XCU) ; and Employer' s Liability. l I i Any deductibles or self-insured retentions must be I declared to and approved by the City. Payment of deductible or self-insured retention shall be the sole responsibility of ELI. i The insurance obtained by ELI shall name the City, its i i ' officers, employees and volunteers as insureds with regard to activities performed by or on behalf of ELI . The coverage shall contain no special limitations on the scope of protection ( afforded to the City, its officers, officials, employees or ( volunteers . In addition, the insurance policy shall contain a i l 10 I P I• i i i 1 clause stating that coverage shall apply separately to each I insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability. ELI ' s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance f maintained by the City, its officers, officials, employees or volunteers shall be excess of ELI ' s insurance and shall not f contribute with it. The insurance policy or polices required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days ' prior written notice by certified mail, return receipt requested, has been given to ' the City. Any failure to comply with the reporting provisions of i •. the policies required herein shall not affect coverage provided ! to the City, its officers, officials, employees or volunteers. i Section 13 . Abandonment of ELI ' s Cable or Telecommunication System Facilities . No cable, section of cable or facility laid in the street by ELI may be abandoned by ELI without the express written consent of the City. Any plan for liabandonment or removal of ELI ' s cable and facilities must be j ( first approved by the Public Works Director, and all necessary permits must be obtained prior to such work. i I iSection 14 . Commencement of Construction. Construction of the facilities contemplated by this franchise ordinance shall commence no later than July 1, 1992 , provided that such time limit shall not apply to delays caused by acts of God, strikes or other occurrences over which ELI has no control, or eminent domain litigation. .. i I 11 I I I j Section 15. Bond. Before undertaking any .of the work, jinstallation, improvements, construction, repair, relocation or maintenance authorized by this franchise, ELI shall, upon the request of the City, furnish a bond executed by ELI and a I, corporate surety authorized to do a surety business in the State � of Washington, in a sum to be set and approved by the Director of Public Works as sufficient to ensure performance of ELI ' s obligations under this franchise. The bond shall be conditioned so that ELI shall observe all the covenants, terms and conditions and faithfully perform all of the obligations of this franchise, and to erect or replace any defective work or materials discovered in the replacement of the City' s streets or property ( within a period of two years from the date of the replacement and acceptance of such repaired streets by the City. Section 16 . Modification. The City and ELI hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. I I Section 17 . Forfeiture and Revocation. If ELI I willfully violates or fails to comply with any of the provisions I , of this franchise, or through willful or unreasonable negligence f fails to heed or comply with any notice given ELI by the City i i under the provisions of this franchise, then ELI shall, at the election of the Kent City Council, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the Council after a hearing held upon reasonable notice to ELI. - The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling ELI to comply with the provisions of this Ordinance and to recover i it i 12 ! II � I i. Li it I� Ildamages and costs incurred by the City by reason of ELI ' s failure to comply. i i Section 18 . Remedies to Enforce Compliance. In I i addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force ELI and/or its ilsuccessors and assigns to comply with the terms hereof, and the i pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for i lbreach of the conditions herein. i I Section 19 . City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City' s ability 1Ito adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinance made in the exercise of its l police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all itimes to control by appropriate regulations the location, lelevation, and manner of construction and maintenance of any ;! fiber optic cable or cable facilities by ELI , and ELI shall i 1 promptly conform with all such regulations, unless compliance would cause ELI to violate other requirements of law. I (I i i Section 20. Cost of Publication. The cost of the i 1publication of this Ordinance shall be borne by ELI. i Section 21. Acceptance. After the passage and approval Hof this ordinance and within sixty days after such approval, this franchise shall be accepted by ELI by its filing with the City �lClerk an unconditional written acceptance thereof. Failure of I ELI to so accept this franchise within said period of time shall be deemed a rejection thereof by ELI , and the rights and II 13 l i I, i I� I III privileges herein granted shall, after the expiration of the sixty day period, absolutely cease and determine, unless the time period is extended by .ordinance duly passed for that purpose. Section 22 . Survival. All of the provisions, conditions and requirements of Sections 3 , Relocation of IlTelecommunication Facilities; 51 Excavation; 6 Restoration after Construction; 8, Dangerous Conditions; 11, Indemnification; and 13 , Abandonment of ELI ' s Facilities, of this franchise shall be in addition to any and all other obligations and liabilities ELI may have to the City at common law, by statute, or by contract, I and shall survive the City' s franchise to ELI for the use of the areas mentioned in Section 1 herein, and any renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this franchise ordinance shall further be binding upon the heirs, successors, ,._ executors, administrators, legal representatives and assigns of ELI and all privileges, as well as all obligations and liabilities of ELI shall inure to its heirs, successors and assigns equally as if they were specifically mentioned wherever ELI is named herein. I, ISection 23 . Severability. If any section, sentence, !iclause or phrase of this Ordinance should be held to be invalid �I Ior unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this franchise Ordinance. In the event that any of the provisions of this franchise are held to be invalid by a court of i competent jurisdiction, the City reserves the right to reconsider the grant of this franchise and may amend, repeal, add, replace or modify any other provision of this franchise, or may terming'-- this franchise. I� �I 14 I Section 24 . Assignment. This agreement may not be assigned or transferred without the written approval of the City, Ilexcept ELI may freely assign this Agreement in whole or in part I to a parent, subsidiary, or affiliated corporation or as part of any corporate financing, reorganization or refinancing. In the case of transfer or assignment as security by mortgage or other (' security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. ELI shall provide , prompt, written notice to the City of any such assignment. Section 25. Notice. Any notice or information required or permitted to be given to the parties under this franchise agreement may be sent to the following addresses unless otherwise II g y + specified: I ( City of Kent Earl Kamsky ( Director of Public Works Vice President 1220 4th Avenue So. Electric Lightwave, Inc. Kent WA 98032 Post Office Box 4959 Vancouver WA 98662 `I Section 26 . Effective Date. This Ordinance has first I� been submitted to the Kent City Attorney; granted an approving llvote of at least a majority of the City Council at a regular Imeeting after initial introduction on 1992 ; and been published at least once in a newspaper of general Icirculation in the City of Kent. This franchise ordinance shall be effective thirty (30) days after execution. I DAN KELLEHER, MAYOR �I jl 15 i I I I ! i i' I ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: I i i ! ROGER A. LUBOVICH, CITY ATTORNEY I PASSED the day of , 1992 • APPROVED the day of , 1992 . PUBLISHED the day of , 1992 . i I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of {� Kent, Washington, and approved by the Mayor of the City of Kent { as hereon indicated. i I (SEAL) BRENDA JACOBER, CITY CLERK ' I i I i ELI.ORD li 16 G �v^ Kent City Council Meeting Date May 19 . 1992 Category Consent Calendar 1. SUBJECT: HIGHLINE WATER DISTRICT FRANCHISE ORDINANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, acceptance of the Highline Water District Franchise Ordinance for its second reading and adoption, granting Highline Water District a 25-year franchise to construct, maintain and operate their water system within City rights-of-way. 3 . EXHIBITS: Ordinance, excerpt from Public Works Committee Minutes 4 . RECOMMENDED BY: Public Works Committee (unanimous vote 3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3HJ Public Works Committee April 21, 1992 Page 3 Kevin Lindell, the new Assistant Transportation Engineer who has just started with the City and will be working on these projects. Highline Water District Franchise Wickstrom explained that we have never had a franchise with Highline Water District even though they have had water mains in our right of way for some time. Both the Public Works Department and Highline Water District agreed that a franchise was appropriate. The City Attorney's office has worked with the water district to develop a franchise ordinance agreeable to both parties. The Committee recommended approval for the Mayor to sign the franchise ordinance. Sidewalks Jim Bennett commented about a letter he had received from Colleen Woodworth. He asked that Public Works Department respond to the comments contained in the letter. Jim White commented the Catholic Youth Services had asked him about sidewalks in front of their building. He asked that Don Wickstrom bring back an estimate and proposal for constructing sidewalks in this area. ---------- ... Kent city Council Meeting Date May 5 . 1992 Category consent Calendar 1. SUBJECT: HIGHLINE WATER DISTRICT FRANCHISE ORDINANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee pursuant to RCW 35A. 47 . 040, acceptance of the Highline Water District franchise ordinance for its first reading before Council. The franchise grants Highline Water District the right for 25 years to construct, maintain and operate their water pipes and city right-of-way in order to operate a domestic water supply system for customers within the City. 3 . EXHIBITS: Memo from Public Works Director, franchise ordinance and excerpt from Public Works Committee minutes 4 . RECOMMENDED BY: Unanimous recommendation of Public Works Committee (3-0) (Committee, Staff, Examiner, commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO / YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 31 DEPARTMENT OF PUBLIC WORKS April 20, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM,.%� RE: HIGHLINE WATER DISTRICT FRANCHISE Attached is a copy of the proposed franchise agreement allowing Highline Water District to construct and maintain their water mains and facilities lying within Kent right of way. The District does have existing facilities within our right of way but we have not had, to date, a franchise agreement for same. The City Attorneys office has worked with Highline to develop this franchise which is agreeable to both parties. We would recommend the Mayor be authorized to sign the ordinance once it has been introduced to Council, published in the paper and brought back before Council for action. i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, granting unto Highline Water District (formerly King County Water District No. 75) , its successors and assigns, the right, privilege, authority and franchise for twenty-five years, to lay, construct, extend, repair, renew and replace water pipes, mains and facilities under, along, and/or across certain designated streets, avenues, roads, alleys, rights-of-way and other public places of the City, all in order to operate a domestic water supply system for the purpose of public sale and distribution of water to customers within the City. WHEREAS, both the City and the District are public agencies authorized by law to engage in furnishing domestic water service, and to that end, the City may, through the City Council, grant franchises with respect to the rights, powers, duties and obligations of the parties regarding the use of public rights-of- way and other public property, the provision of services , the maintenance and operation of facilities, the right to promulgate rules and regulations , to levy and collect special assessments, rates, charges, service charges and connection fees, the performance of contractual obligations and any other matters arising out of the provision of District service to areas within the City, all pursuant ,'to and in accordance with RCW Sections 39 . 34 . 080 , 35 . 92 . 010 , 35A. 47 . 040 and 57 . 08 . 045 ; and WHEREAS , the City has determined that the District can more economically provide water service to that certain area of its corporate limits as described in Exhibit A; and WHEREAS , the District has the ability and desire to provide water service to this area; NOW, THEREFORE: ` THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : Section 1. FRANCHISE GRANTED. The City of Kent, hereby rants to Highline Water Washington (the �,,city" herein) Y g District (the "District" herein) , a water district formed under Chapter 57 . 08 RCW, its successors and assigns, subject to the terms and conditions set forth hereinafter, a franchise for a period of twenty-five (25) years, commencing on the effective date of this ordinance. This franchise shall grant to the District the right onstruct, relay, connect, replace and privilege to lay down, c and/or maintain such and so many pipes, conduits and mains, and all other appurtenances, appendages and facilities thereto, in, alo.—, through and under the avenues, streets, lanes, alleys, highways and other public places and ways in that portion of the Kent City limits as specifically described in Exhibit A, attached hereto and incorporated herein, as may be necessary, convenient and/or proper in order to provide water service to the public, and for that purpose to make any and all connections which may be necessary, convenient and/or proper. Section 2 . AUTHORITY TO MANAGE, REGULATE AND CONTROL WATER SYSTEM.' After the construction of the water facilities as contemplated under this franchise, the District shall have the sole responsibility to maintain, manage, conduct and operate its water system as installed within the area described in Exhibit A, together with any additions , extensions and betterments thereto. 2 i Section 3 . AUTHORITY To FIX SERVICE RATES. The rates charged to the water service customers within the area described in Exhibit A shall be fixed, altered, regulated and controlled solely by the District, pursuant to the limitations on such authority as set forth in RCW Chapter 57 . 08 , or any applicable regulations promulgated thereafter by the state on the subject of rates and charges for water service. Section 4 . NON-EXCLUSIVE GRANT. This grant or privilege shall not be deemed or held to be exclusive. It shall in no manner prohibit the city from entering into other agreements or franchises of a like nature or franchises for other public or private utilities, in, over, along, across, under and upon any of the streets, avenues, highways, alleys or public places, or ways as herein described, and shall in no way prevent or prohibit the City from using any of said streets , avenues, etc. , or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, or. maintenance of same as it deems fit. Section 5 . APPROVAL OF PLANS. Prior to construction of any of the pipes , conduits, mains, facilities and appurtenances in the area described in Section 1 herein, the District shall submit, to the Director of Public Works (hereinafter the "Director") , in triplicate, plans drawn to an accurate scale, showing the exact location, character, position, dimension, depth and height of the work to be done. The plans shall accurately depict the relative position and location of all pipes, conduits, mains, manholes, facilities and appurtenances to be constructed, laid, relaid, installed, replaced, repaired, connected or disconnected, and the existing street, avenue, alley, highway, right-of-way or property 3 it lines . All streets , avenues, highways, alleys, lanes or ways denoted thereon shall be designated by their names and number and the local improvements therein such as roadway pavement, shoulders, sidewalks, curbs, gutters, ditches, driveways, parking strips, telephone or electric distribution poles, conduits, storm, gas or water pipe lines as may exist on the ground or area sought to be occupied shall be outlined. In the construction proposed by the District, all materials and equipment shall be as specified in the District' s general conditions and standards and as approved by the city. The exact class and type to be used shall be shown on the plans , as will the equipment to be used and the mode of safeguarding and facilitating the public traffic during construction. The manner of excavation, construction installation, backfill, and temporar- structures (such as traffic turnouts, road obstructions, etcr., shall meet with the approval of, pass all requirements of, and be constructed under the supervision of the Director. Prior to approval of any work under this franchise, the Director may require such modifications or changes as he deems necessary to properly protect the public in the use of the public places, and may fix the time or times within and during which such work shall be done. The District shall pay to the City such amounts as, in the judgment of the Director, are reasonably necessary to investigate and process any plans for construction work, to inspect such work, to secure proper field notes for location, to plat such locations on the permanent records of the City Public Works Department, to supervise such work, or to inspect or reinspect as to maintenance, during the progress of or after the repair of, any of the initial construction authorized by this franchise. The City 4 I shall make its best efforts to complete all inspections in a timely manner. Section 6 . PROTECTION OF PUBLIC. Whenever an accident, faulty operation or excavation or fill associated with the construction, installation, maintenance or repair of the facilities authorized under this franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street utilities or City property, the Director may direct the District, at its own expense, to take actions to protect the public, adjacent public places, City property and street utilities, and may require compliance within a prescribed time. w In the event that the District fails or refuses to take the actions directed promptly, or fails to fully comply with such directions given by the Director, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the lateral support thereof, including placing of temporary shoring, backfilling, alteration of drainage patterns and any other actions reasonably necessary to decrease the possibility of earth movement, or actions regarded as necessary safety precautions ; and the District 'shall be liable to the City for the costs thereof. Section 7 . REPAIR OF STREETS, SIDEWALKS AND PUBLIC PLACES . After construction, maintenance or repair of the facilities authorized by this Agreement, the District shall repair and restore any damaged or injured streets , avenues, highways or 5 II i i public places , or affected portions of same, to their original condition. The Director shall have final approval of the condition of such streets and public places after completion of construction. Section 8 . INDEMNIFICATION. The District hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, officials, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by the District ' s own employees to which the District might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of the District, its agents, servants, officers or employees in performing this franchise agreement are the proximate cause. The District further releases , covenants not ( bring suit and agrees to indemnify, defend and hold harmless me City, its officers, officials , . employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person including claims by the District ' s own employees , to which the District might otherwise be immune under Title 51 RCW, arising against the City solely by virtue of the city ' s ownership or control of the rights-of-way or other public properties, by virtue of the District' s exercise of the rights granted herein, or by virtue of the city' s permitting the District ' s use of the city' s rights-of-way or other public property, based upon the inspection or lack of inspection of work e performed by the District, its agents and servants, officers or employees in connection with work authorized on the city' s property or property over which the city has control , pursuant to this franchise agreement or pursuant to any other permit or approval issued in connection hereto. 6 i This covenant of indemnification shall include, but not be limited by this reference to, claims against the City arising as a result of the negligent acts or omissions of the District, its agents, servants, officers or employees in barricading or providing other warnings of any excavation, construction, or work in . any public right-of-way or other public place in performance of work or services permitted under this franchise agreement. Inspection or acceptance by the City of any work performed by the District at the time of completion shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations. shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation, provided that the District shall not be liable to indemnify the City for any settlement of any action or claim effective without the consent of the District, but if settled with the consent of .the District, the District shall indemnify and hold harmless the City from and against loss or liability by reason of such settlement. The District shall be obligated to indemnify the City regardless of whether the settlement of the action on the claim is made with the consent of the District if the District has refused to defend the City. In the event that the District refuses the tender of defense in any suit or claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal on the part of the District, then the District shall pay all of the City' s costs for defense of the action, including all reasonable expert witness fees and reasonable V 1 I attorneys ' fees and the reasonable costs of the City, including reasonable attorneys ' fees for recovery under this indemnification clause. Should a court of competent jurisdiction determine that this franchise is subject to RCW 4 . 24 . 115 , then, in the event of liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of the District and the City, its officers, officials, employees or agents, the District ' s liability hereunder shall be only to the extent of the District' s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the District' s waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. Section 9 . INSURANCE. The District shall procure and maintain for the duration of this Agreement, insurance against i claims for injuries to persons or damages to property which may I arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to the District, its officers , officials, agents, employees . The District shall provide a copy of such insurance policy to the City for its inspection ` prior to the adoption of this agreement, and such insurance shall evidence: A. Automobile Liability Insurance with limits no less than $1 , 000 , 000. 00 Combined Single Limit per accident for bodily injury and property damage; and 8 I B. Commercial General Liability Insurance written on an occurrence basis with limits no less than $1 , 000, 000. 00 Combined Single Limit per occurrence and $1, 000 ,000 . 00 aggregate for personal injury, bodily injury and property damage. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductible or self-insured retention shall be the sole responsibility of the District. The insurance obtained by the District shall name the City, its officers, officials, employees and agents as insureds with regard to activities performed by or on behalf of the District. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or agents. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is -made or suit is brought, except with respect to the limits of the insurer ' s liability. The District ' s insurance shall be primary insurance as respects the City, its officers, officials , employees and volunteers . Any insurance maintained by the City, its officials, officers, employees or agents shall be in excess of the District ' s insurance I and shall not contribute with it. I The' insurance policy or policies required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days ' prior written notice by certified mail, return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies 9 �I shall not affect coverage provided to the City, its officers, officials , employees or volunteers. Section 10 . RELOCATION OF LINES AND FACILITIES. The District agrees and covenants at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street or public place, any of its installations when so required by the City by reason of traffic conditions or public safety, dedications or new rights-of-way and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that the District shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any water line or portion thereof required to be temporarily disconnected or remov The City shall consult all as-built maps and plans filed by the District pursuant to this franchise or any permits authorized under this franchise, in order to determine whether the ` District has placed pipe or facilities in any area affected by a proposed City project. The City will make its best effort and attempt to design or redesign streets, avenues, alleys or public places or ways, and other City utilities to minimize the impact thereof on the District' s existing water systems, including the need to require the District' s facilities to be relocated. PROVIDED HOWEVER, that 'the City shall make the final determination on the need for relocation of the District ' s facilities. 10 it Whenever the City determines that any of the above circumstances necessitate the relocation of the District ' s then existing facilities, the City shall notify the District in writing, and provide the District with copies of pertinent portions of the plans and specifications for such project so that District is able to relocate its facilities to accommodate the City' s project at least ten (10) days prior to the project' s commencement. The City shall provide notice to the District and require relocation of the facilities in a period of time that is reasonable given the circumstances surrounding the project. The City understands that pursuant to RCW 57 . 08 . 050 , the District is required to comply with certain notice and bid procedures prior to commencement of any construction project. Whenever practical, given the circumstances surrounding the City' s project, the City shall provide the District with sufficient notice to enable the District to comply fully with RCW 57 . 08 . 050 without resorting to emergency powers granted therein. Upon the District' s failure to complete relocation of its installations and facilities as directed by the City, the City may remove same at the District ' s expense. If, after reviewing the as-built maps and plans submitted by the District, the City determines that the District ' s pipe or facilities will not be affected by a proposed City project, no notice shall be given to the District. The City may then commence construction and if the City finds that the District' s as-built maps and plans, are inaccurate through the actual discovery of pipe and facilities in the construction area, the City shall notify the District and allow the District twenty-four (24) hours to remove and/or relocate its pipe and facilities. However, should the District be unable to remove and/or relocate its pipe and facilities within this twenty-four (24) hour period after _.. 11 notification, the City may remove and dispose of same at the District ' s cost. Section 11 . ABANDONMENT OF WATER PIPE AND SYSTEM FACILITIES. No pipe, conduit, main, appurtenances, appendages or water system facilities may be abandoned by the District without the express written consent of the City. Abandonment procedures may be initiated by application of the District to the City, which application shall detail , to the city ' s satisfaction, the location of all pipe or facilities to be abandoned, and the procedures the District plans to implement in order to comply with all local , state and federal regulations pertaining to abandonment of water pipe and facilities constructed of asbestos cement or other material containing asbestos. The District shall, at its own cost, remove and properly dispose of all abandoned pipes and watn- facilities when so directed by the City for the reasons arru conditions set forth in paragraph one, Section 10 , Relocation of Lines and Facilities, and for street vacations. In the case of street vacations, the City shall retain and grant an easement to the District for any pipe and facilities then in use by the District. The City shall give notice to the District of any proposed project or street vacation requiring removal of abandoned pipe and facilities as set forth in Section 10 . If the District does not comply within the time period set by the City, the City may arrange for the removal and proper disposal of all such pipes and facilities at the District ' s cost. Section 12 . EXCAVATION. During any period of installation, relocation, maintenance or repair of the District' s facilities and installations , all surface structures, if any, shall be erected and used in such places and positions within said public 12 rights-of-way and other public properties so as to interfere as little as possible with. the free passage of traffic and the free use of adjoining property, and the District shall at all times post and maintain proper barricades during such period of construction as required by state law or City ordinance. Whenever the District shall excavate in any public right- of-way or other public property for the purpose of installation, repair, maintenance or relocation of its facilities, it shall apply to the City for a permit to do so and except in the case of an emergency, shall give the City at least three (3) working days notice thereof. In the event that emergency work is required, the District may, without prior written notice to the City, request permits by telephone. The Director shall grant or deny such i permits by telephone, but the District shall follow-up all phone emergency permit requests with a written application within three (3) working days of the telephone notification to the Director. In all other cases, the City shall approve the District' s applications for permits as soon as reasonably possible. During the progress of the work, the District shall not unnecessarily obstruct the passage or proper use of the right-of-way, and shall file maps or plans with the city (as described in Section 3 herein) showing the proposed and final location of the sewer facilities. If either the City or the District shall at any time plan to make excavations in any area covered by this Agreement and as described in this Section., the party planning such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (1) such I joint use shall not unreasonably delay the work of the party ; causing the excavation to be made; (2) such joint use shall be I 13 j. Li arranged and accomplished on terms and conditions satisfactory to both parties ; and (3) either party may deny such request for safety reasons. Prior to commencement of any construction authorized by this franchise agreement, the Director shall reference all monuments and markers of every nature relating to subdivision plats, highways and all other surveys . The reference points shall be so located that they will not be disturbed during the District' s operations under this franchise. The method of referencing these monuments or other points to be referenced shall .be approved by the Director before placement. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit and as directed by the Director. The costs of monuments or other markers lost, destroyed, or disturbed and the expense of replacement by approved monumei4 shall be borne by the District. Section 13 . COMPLIANCE WITH LAWS. The District, its subcontractors, employees or any person acting on behalf of the District shall keep him/herself fully informed of all federal and state laws , and all municipal ordinances and regulations which in any manner affect the work or performance of the work authorized under this franchise agreement, and shall at all times observe and comply with such laws, ordinances and regulations, whether or not such laws , ordinances or regulations are mentioned herein, and shall indemnify the City, its officers, officials, agents, employees or representatives against any claim or liability arising from or based upon the violation of any such laws, ordinances or regulations. 14 _ i section 14 . DISCRIMINATION. The District agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap, provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The District shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. The District shall take such action with respect to this franchise as may be required to ensure full compliance with Chapter 49 . 60 RCW. Section 15 . CITY CONSTRUCTION ADJACENT TO DISTRICT INSTALLATION. The laying, construction, maintenance and operation of the said District ' s system of water lines, pipes, conduits, mains, etc. , authorized under this franchise agreement shall not preclude the City or its accredited agents and contractors from blasting, grading or doing other necessary road work contiguous to the said District ' s pipe lines, provided that the District shall have forty-eight (48) hours notice of said blasting or excavation in order that the District may protect its line of pipe and property. Section 16 . MODIFICATION. The City and District hereby reserve the right to alter, amend or modify the terms and conditions of this franchise agreement upon written agreement of both parties to such alteration, - amendment or modification. 15 i Section 17 . BOND. Before undertaking any of the work, improvements, repair, relocation or maintenance authorized by this franchise, the District shall, upon the request of the City, furnish a bond executed by the District and a corporate surety authorized to do surety business in the State of Washington, in a sum to be set and approved by the Director of Public Works as sufficient to ensure performance of the District' s obligations under this franchise. The bond shall be conditioned so that the District shall observe all the covenants , terms and conditions and faithfully perform all of the obligations of .this franchise, and to erect or replace any defective work or materials discovered in the replacement of the City' s streets or property within a period of two years from the date of replacement and acceptance of such repaired streets by the City. Section 18 . FORFEITURE AND REVOCATION.. If the Distr-L-t:;- wilfully violates or fails to comply with any of the provisions of this franchise, or through wilful or unreasonable negligence fails to heed or comply with any notice given the District under the provisions of this franchise, then the District shall, at the election of the Kent City Council , forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the Council after a hearing held upon reasonable notice to the District. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling the District to comply with ,the provisions of this franchise and to recover damages and costs incurred by the City by reason of the District ' s failure to comply. 16 i I I i Section 19 . REMEDIES TO ENFORCE COMPLIANCE. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force the District and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 20 . CITY ORDINANCES AND REGULATIONS. Nothing herein shall be deemed to direct the city' s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinance made in the exercise of its police powers in the interest of the public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation and manner of construction and maintenance of any water facilities by the District, and the District shall promptly conform with all such regulations, unless compliance would cause the District to violate other requirements of law. I Section 21 . COST OF PUBLICATION. The cost of ( publication of this franchise ordinance shall be borne by the District. Section 22 . ASSIGNMENT. The District may not assign the rights, duties and obligations under this Agreement without the prior, written consent of the City, which consent shall not be unreasonably withheld. If such consent is given for assignment, acceptance of the assignment shall be filed by the District' s successor with the City. 17 it li I Section 23 . SUCCESSORS AND ASSIGNS. All the provisions, conditions, regulations and requirements contained in this Agreement shall be binding upon the successors and assigns of the District, and all privileges of the District shall inure to its successors and assigns equally as if they were specifically mentioned herein. Section 24 . NOTICE. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified: THE CITY OF KENT HIGHLINE WATER DISTRICT Director of Public Works P.O. Box 3867 Don Wickstrom Kent, Washington 98032 W o a,olD •'l-aav-`' Attn: Jim Markwell Kent, Washington 98032 (206-824-0375) Section 25 . ACCEPTANCE. After the passage and approval of this ordinance and within sixty days after such approval , this franchise shall be accepted by the District by its filing with the City Clerk an unconditional written acceptance thereof. Failure of the Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by the District, and the rights and privileges herein granted shall , after the expiration of the II sixty day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose. Section 26 . SURVIVAL. All of the provisions, conditions and requirements of Sections 6 , Protection of Public; 81 Indemnification; 10, Relocation of Lines and Facilities ; and 11, Abandonment of Lines and Facilities , of this franchise shall be in addition to any and all other obligations and liabilities the District may have to the City at common law, by statute, or by 18 -• contract, and shall survive the City ' s franchise to the District for the use of the areas mentioned in Section 1 herein, and any renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this franchise ordinance shall further be binding upon the successors and assigns of the District, and all privileges , as well as all obligations and liabilities of the District shall inure to its successors and assigns equally as if they were specifically mentioned wherever the District is named herein. Section 27 . SEVERASILITY. If any section, sentence, clause or phrase of this franchise ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this franchise. In the event that any of the provisions of this franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of this franchise and may amend, repeal, add, replace or modify any other provision, or may terminate this franchise. Section 28 . EFFECTIVE DATE. This franchise ordinance shall be: (1) submitted to the Kent City Attorney; (2) introduced at least once at a regular meeting of the Kent City Council ; (3) published at least once in a newspaper of general circulation in the City of .Kent; and if granted by the approving vote of at least a majority of the City 'Council, shall be effective in thirty (30) days after execution. DAN KELLEHER, MAYOR 19 i ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1992 . APPROVED the day of 1 . 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, CITY CLERK franchis.ord 20 3 Kent City Council Meeting Date May 19 . 1992 Category Consent Calendar 1. SUBJECT: CONDEMNATION - ASA RIVERFRONT PARCEL 0 i 2 . SUMMARY STATEMENT: _.A,ut uw4*--y- a portion of property south of the Valley Daily News Building along the east bank of the Green River for parks and recreation purposes. 3 . EXHIBITS: Memo from B. Wilson 4 . RECOMMENDED BY: Parks Committee (2-0 - Houser absent) (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: See exhibit attached 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3I CITY OF KENT PARKS AND RECREATION DEPARTMENT May 8 , 1992 TO: Parks Committee City Administration FROM: Barney Wilsonyj/„J SUBJECT: FUNDING SOURCE FOR ASA PROPERTY Please be informed that the funding for the above mentioned property is as follows: 25% King County Open Space Bond Issue Proceeds 75% Department of Natural Resources Aquatics Land Enhancement Account (ALEA) I apologize for not knowing the exact funding source at our recent Parks Committee meeting, but I was sure our staff had everything in order. cc Tom Brubaker, Assistant City Attorney Alice Neiffer, Parks Project Assistant I I� II I ORDINANCE NO. J{. AN ORDINANCE of the City of Kent, Washington, Providing for the acqui sition , r arks and recreational of an easement for p , 'n property; providi ng over certain p p y p g purposes for the payment thereof out of the City s Gre en River Trail Fund; 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: Section 1. The City of Kent ("City") authorizes the ! acquisition by condemnation of a portion of real property located in King County, Washington and legally described in Exhibit A attached hereto and incorporated herein by this reference . (hereinafter, the "Property") . Section 2 . The public convenience, use and necessity demand that the City condemn the Property in order to acquire an easement for parks and recreation purposes, including improvements for drainage, trails or pathways, sidewalks, landscaping, illumination, electrical facilities, utility adjustments and relocations, and any -other municipal purposes that may become ! necessary from time to time on the Property. Section 3 . The City shall condemn the Property only after ,! just compensation has first been made or paid into court for the downer or owners in the manner prescribed by law. 1 i l i it I !i Section 4 . The City shall pay for the entire cost of the acquisition by condemnation provided for in this Ordinance from the City's Green River Trail Fund or, if necessary, any of the ICity'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 i '! to condemn the Properties. In conducting the condemnation 'iproceedings, the City authorizes the City Attorney to enter into stipulations in order to minimize -damages, which stipulations may ' include, but not be limited to, size and dimensions of the Properties, construction easements and other property interests. Section 7 . Any acts consistent with the authority and prior to the effective date of this Ordinance are ratified and . confirmed. Section 6. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and ;; publication as provided by law. DAN KELLEHER, MAYOR , ATTEST: ' BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 i i I II I EXHIBIT A i ASA PROPERTY 5-6-92 (That portion of Section 24 , Township 22 North, Range 4 East, (Willamette Meridian, in King County, Washington, described as j(follows: Commencing at the Southwest corner of the S.W. RUSSELL DONATION 'CLAIM 41, in Section 25, Township 22 North, Range 4 East, Willamette Meridian in King County, Washington; thence North 0°45 ' 00" West 1, 184 . 50 feet, along the West line said Donation Claim No. 41, to the Northeast corner of certain Tract of 'land conveyed to Dennis T. Mullen, by deed recorded under Recording I'No. 3133935 ; thence North 89° 15100" West along the North line of said Tract to its intersection with the West margin of Primary State Highway No. "5 (SSR 167) , as condemned in King County Superior Court Cause Number 651332 , and the true point of beginning; thence continuing North 89915100" West to an intersection with the East bank of the Green River (also known as the White River) ; thence in a Northerly direction along said East bank to the South line of a tract of land conveyed to the City of Kent, by deed 'recorded under Recording No. 7902050116 ; thence along said South line extended Easterly to the Easterly margin of T. S . Russel Road (also known as Hawley Road) ; thence Northerly along said Easterly margin to a point on said Easterly margin, which is 852 . 21 feet North of the North line of said tract of land conveyed to Dennis T. Mullen; thence Northeasterly to a point on the West margin of said primary State Highway No. 5 (SSR 167) which is 926 . 41 feet North of the North line of said tract of land conveyed to Dennis T. Mullen; , thence Southerly along said Westerly margin to the true point of beginning; EXCEPT that portion thereof lying within right-of-way of T.S . Russel Road (also know as Hawley Road) ; ALSO EXCEPT that portion conveyed to Burdette L. Skinner under King : County Auditor' s File No. 9007101382 ; ' All situate in County of King, State of Washington. 3 it I; i Kent City Council Meeting Date May 19 , 1992 �( Category Other Business 1 1. SUBJECT: STATE GRANT FOR SHORELINE TRUST FUND ($10, 000) DOE 2 . SUMMARY STATEMENT: This age"da item will consider the recommended approval by the City Council Planning Committee of a State Grant for a Shoreline Trust Fund from the Department of Ecology for $10, 000 on a 50/50 match basis to design a non-regulatory program to purchase and preserve sensitive shoreline areas, including wetlands, within the City. {{1P11�1 (,,L� fe,'LrU_�7 �L(i � clr ,'�h e.-e C1t Dz, a!_ �_t e.ti./ mow. '2���1fl..� l,.'G�I.C.J zi �leCv at/1 /L (c I 0 P�LU`tc C° CCt 5i1 -�lu '`�_1=_i c' a-I, rV ZellL 3 . EXHIBITS: Memo, final scope of work and City Council Planning Committee minutes of 5-5-92 4 . RECOMMENDED BY: Planning Committee unanimous 3-0 (Committee, Staff, Examiner, Commission, etc. 11/ 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: YES _ FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE $10, 000 SOURC FUNDS: in kind match with Growth Management/Wetlands r'WLCA_(' _ Projects Funds -�! t �i_.e Y_.- (�-!`Yi,L-4, %..r2. '1 eQ_. 7. CITY COUNCIL ACTION: / Councilmember move, seconds to accept the $10, 000 State Grant for develop nt of a Shoreline Land Trust with a match of $5, 000 from the Growth Management/Wetlands Project funds with the remainder as an in-kind contribution. DISCUSSION: Vt- ACTION: Council Agegda Item No. 4A MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- S, ' ject: STATE GRANT FOR SHORELINE TRUST FUND - FISCAL NOTE C.....,ator: Tony MCCARTHY / KENT70/FN Dated: 05/14/92 at 1614 . THE PLANNING DEPARTMENT IS RECOMMENDING APPROVAL OF A STATE GRANT OF $10, 000 FROM THE DEPARTMENT OF ECOLOGY TO DESIGN A NONREGULATORY PROGRAM TO PURCHASE AND PERSERVE SENSITIVE SHORELINE AREAS, INCLUDING WETLANDS IN THE CITY OF KENT. TO ACCEPT THE GRANT THE CITY MUST PROVIDE A 50/50 MATCH AND IS PROPOSING TO USE $5, 000 OF $11, 596 CURRENTLY IN THE GROWTH MANAGEMENT WETLANDS ACCOUNT AND $5, 000 OF IN KIND STAFF TIME. SINCE THE DEVELOPMENT OF A WETLANDS PROGRAM WAS ALREADY INCLUDED THE THE 1992 PLANNING DEPARTMENT PROGRAM, THE STATE GRANT WILL HELP FUND THE EFFORT ALLOWING FOR A BETTER PRODUCT WITH NO EXTRA GENERAL FUND COST. BASED ON THIS THE EXECUTIVE COMMITTEE RECOMMENDS COUNCIL ACCEPTANCE AND THE ESTABLISHMENT OF THE ASSOCIATED BUDGET. CITY OF J Q��0 J..S CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM May 19 , 1992 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: ANNE WATANABE, PLANNER SUBJECT: STATE GRANT FOR DEVELOPMENT OF A SHORELINE LAND TRUST The Planning Department has received approval from the State Department of Ecology for a grant application to design a nonregulatory program to purchase and manage sensitive shoreline areas, including wetlands, within the City. This is an effort which the Planning Department had already included in its work program, and the grant of state funds will be extremely valuable in funding our work. Unlike traditional regulatory approaches, this "land trust" concept involves bringing together landowners who wish to sell or donate full or partial interests in their properties, and the City, in order to manage and preserve these areas for the long-term benefit of all City residents. The land trust approach has been used successfully by private nonprofit groups such as The Nature Conservancy in achieving a win-win situation for the individual landowner and the public, where environmentally sensitive areas are concerned. At its May 5 meeting, the Council Planning Committee approved acceptance of this grant. The $10, 000 grant will be used to develop the land trust strategy. The grant is awarded on a 50/50 match basis, so the City must provide a match of $10, 000 which can be provided on an in-kind basis. The Planning Department is proposing to fund the match with $5 , 000 from the Growth Management/Wetlands Project fund, and the remainder as an in-kind contribution. A copy of the proposed "Final Scope of Work" for this project is attached. AW/ch: a:plcom Enclosure cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager City of Kent SFY93 FINAL SCOPE OF WORK Proiect Title:. Green River Wetlands and Shoreline Preservation Program Proiect Descritition: The proposal is for the development of a preservation program aimed at acquiring and preserving significant wetland and shoreline sites in Kent which cannot be adequately protected or restored through regulatory means. Task 1: Research and Evaluation 1. 1: Review existing regulatory and non-regulatory protection programs. 1. 2 : Review existing programs and plans within the City (for example, Parks plan, Comprehensive Plan) , and other plans or programs, including regional plans/programs, that may be coordinated with a preservation program. 1. 3 Gather and evaluate data from existing wetlands inventory, and other available related data, on a watershed basis. Products/ Date(s) Due: (1) Information about other programs and plans and (2) a report which summarizes the findings of Task 1. 3 , and identifies current gaps in programs or data and any additional programs or data that are needed. Completed by October 1, 1992 . Task 2 : Develop goals and objectives 2 . 1 Initiate discussions with citizen groups regarding goals and objectives of a preservation program. Existing citizen advisory groups such as the Mayor' s Environmental Task Force, the Wetlands Citizen Advisory Committee, and the land use section of the Kent Chamber of Commerce, will be consulted. Work with these groups to develop the goals and objectives. 2 . 2 Consult with other City Departments, other interested groups (e.g. , other jurisdictions) about goals and objectives. 2 . 3 Develop draft goals and objectives. Products/ Date(s) Due: Draft goals and objectives prepared by December 11 1992 . Task 3 : Prepare a detailed implementation strategy. 3 . 1 Develop an outline of the strategy, identifying: cost estimates and potential funding sources; site selection criteria; site acquisition strategy; management and monitoring procedures ; administrative responsibilities within City; and education and public involvement activities. 3 . 2 Work with citizen advisory groups, City Departments, Ecology, and other interested parties to develop a detailed strategy. 3 . 3 Prepare a preliminary list of candidate sites. Products/ Date(s) Due: Outline submitted to Ecology by March 1, 1993 Proposed final strategy, including final goals and objectives, submitted to Ecology by June 1, 1993 . Implementation of strategy will be subject to City Council approval . SCHEDULE Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Ju Task 1 X. . . . . . . . . . . . .X Task 2 X. . . . . . . . . . . . . . . . . . . . . . .X Task3 X. . . . . . . . . . . . . . . . . . . . . . . . . . . .X WTVI CITY OF A\,L22 V LL CITY COUNCIL PLANNING COMMITTEE MINUTES MAY 51 1992 4 : 00 PM �T1�PIICC°Q� COMMITTEE MEMBERS PRESENT OTHER CITY STAFF Leona Orr, Chair Tom Brubaker Jim Bennett Jim Hansen Jon Johnson Dan Kelleher, Mayor PLANNING STAFF GUESTS Lin Ball Jim Dion, King County Sharon Clamp Diane Richards, Seattle King Co. Jim Harris Division on Aging Kevin O'Neill Ted Loudenback Margaret Porter Bill Doolittle Janet Shull Anne Watanabe GROWTH MANAGEMENT UPDATE - (K. O'NEILL) Planner Kevin O'Neill reviewed the draft Countywide Planning Policies for King County as developed by the Growth Management Planning Council (GMPC) and explained that the draft policies are now ready for public review and comment. The draft policies are scheduled to go through a public review process from now to the end of May 1992 , at which point the GMPC may reconsider the policies based on comments received. He pointed out several policy recommendations which, should they be adopted, could have a significant impact on the planning process in Kent. STATE GRANT FOR A SHORELINE TRUST FUND (A. WATANABE) Planner Anne Watanabe explained that the Kent Planning Department has received a $10, 000 grant from the State Department of Ecology to design a nonregulatory shoreline and wetlands preservation program. This program will be modeled after the efforts of nonprofit organizations such as the Nature Conservancy and open space programs which other cities have in place. The plan would involve designing a structure to identify the significant shoreline and wetland areas in Kent, and how to acquire and manage them. The Planning Department is excited about getting help from the Department of Ecology to do this because the Growth Management Act specifically states that local governments should try to purchase open spaces in order to preserve them. The grant is awarded on a 50/50 match basis, therefore, the City must provide a match of $10, 000, which can be provided on an W CITY COUNCIL PLANNING COMMITTEE MINUTES MAY 51 1992 PAGE 2 in-kind basis. Planning Director Jim Harris explained that the match could be a combination of money and staff time, or staff time alone. He asked the Committee to accept the grant, and staff will advise the Committee what the match will consist of at its May 19 meeting. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to authorize acceptance of the state grant. Motion carried. SENIOR HOUSING SUPPORT SERVICES PROGRAM (L. BALL/J. SHULL) Senior Planner Lin Ball explained that the Senior Housing Support Services Committee was appointed by Mayor Kelleher in May 1991. The focus of the committee ' s work was to explore the types of support services that could be provided to the Kent Senior Housing project at no cost to the King County Housing Authority or the City of Kent and at no or low cost to the residents. The committee worked with consultant Buck Frymier, and Diane Richards from the Seattle King County Division on Aging served as an advisor for the committee. Construction of the housing complex is scheduled for November 1992 , therefore, approval of the proposal by early June would give the Housing Authority the necessary time to implement the programs which need to be in place when the housing opens. Planner Janet Shull explained that the committee drafted a report which was reviewed and approved by the Housing Authority. The report contains an executive summary, an introduction that explains the process the committee has gone through, and puts the current committee' s work in perspective with the committee that preceded it--the Senior Housing Advisory Committee. Many of the recommendations are based on a framework which was presented to the Kent City Council in May 1991 . The Committee looked back at the original Senior Housing Advisory Report which gave preliminary direction and indicated that the housing should be designed for seniors who are relatively independent. Committee members are concerned that over time as residents age in place there may be a greater need for services . They feel the building should be designed so services can be implemented at the time they are needed. After the framework was developed, a number of agencies were invited to committee meetings to make presentations on their programs. A two phase action agenda was developed. Phase I, critical issues, recommends a meal service be provided on site. The committee is recommending a request for proposal be issued to outside agencies to provide this service. The meal service program should be in place when the first residents move in, and in order to control costs, the committee recommends one mandatory meal per day. The committee recommends a full time building manager and a one-half } $Y r ) Kent City Council Meeting � .� Date May 19 , 1992 Category Other Business 1. SUBJECT: SENIOR HOUSING SUPPORT SERVICES PROGRAM 2 . SUMMARY STATEMENT: This meeting will consider the recommended approval by the City Council Planning Committee of the Senior Housing Support Services Program. The recommenda- tions for implementing a support services program are broken down into two phases. Phase I recommendations are those which the Committee feels must be implemented prior to the official opening of the Kent Senior Housing. Phase II recommendations may be implemented after the residents move in. The Phase I implementation plan recommends a request for a proposal for a meal service program providing at least one mandatory meal per day on site and the hiring of a full time building manager and a part-time support services coordinator. The Phase II imple- mentation plan recommends addressing those services which would be implemented after residents move in and will be based on the specific needs of the residents. 3 . EXHIBITS: Memo, Senior Housing Support Services Program Report, and the City Council Planning Committee minutes of 5-5-92 4 . RECOMMENDED BY: Planning Committee (unanimous 3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO \ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember tiIti moves, Councilmember ,1k ut seconds approve the Senior Housing Support Services Program as recommended by the City Council Planning Committee. DISCUSSION• \� i1 j ACTION: d V n'l '`� [t' 6UT1_- Coun� Ag da Item o. 4B A CITY OF 7 V\�� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 v7EC1 MEMORANDUM MAY 14 , 1992 TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: LIN BALL, MANAGER, OFFICE OF HOUSING AND HUMAN SERVICES SUBJECT: RECOMMENDATIONS OF THE SENIOR HOUSING SUPPORT SERVICES COMMITTEE The Senior Housing Support Services Committee and Planning Department are pleased to forward for your action the Committee' s report "Recommendations for a Support Services Program" . The Senior Housing Support Services Committee was appointed by Mayor Kelleher last May. The Committee's mission was to develop a recommended strategy for implementing a support services program for the Kent Senior Housing. Staff from the Planning Department and representatives of the Support Services Committee will make a - presentation on the report at the May 19th Council meeting. Requested Action 1. The Senior Housing Support Services Committee requests that the City Council approve the Committee's recommendations contained in the report titled "Recommendations for a Support Services Program" . This report was presented to Jim Wiley, Director of the King county Housing Authority on April 8th and was positively received. The Council Planning Committee reviewed this report at its May 5th meeting. The Planning Committee recommends approval of the report and its Action Agenda. LB/JS/slc: ccmemo. sup Enclosures cc: James P. Harris, Planning Director Jane Shull, Planner RECOMMENDATIONS FOR A SUPPORT SERVICES PROGRAM KENT SENIOR HOUSING PROGRAM SENIOR HOUSING SUPPORT SERVICES COMMITTEE t ' w .f.me �bl� • `� Seniors o a� a J �• . \Il�i�1, Kent Planning Department April, 1992 � a KENT SENIOR HOUSING PROGRAM SENIOR HOUSING SUPPORT SERVICES COMMITTEE RECOMMENDATIONS FOR A SUPPORT SERVICES PROGRAM Kent Planning Department April, 1992 MAYOR Dan Kelleher CITY ADMINISTRATOR Ed Chow SENIOR HOUSING SUPPORT SERVICES COMMITTEE Lin Ball - Chair Jim Dion Jim Hansen Judi Jones Janet Shull Joe Thomas ADVISORY TO THE COMMITTEE Diane Richards Seattle/King County Division on Aging Project Staff James P. Harris Planning Director Lin Ball Senior Planner Jim Hansen Assistant City Administrator Janet Shull Lead Project Planner Consultants Buck Frymier Principal, Network Consulting and Management Larry Metler Construction Manager, Kent Senior Housing Program KENT SENIOR HOUSING PROGRAM SENIOR HOUSING SUPPORT SERVICES COMMITTEE RECOMMENDATIONS FOR A SUPPORT SERVICES PROGRAM TABLE OF CONTENTS Page EXECUTIVE SUMMARY 1 CHAPTER ONE - INTRODUCTION/BACKGROUND 3 A. Overview of the Kent Senior Housing Program 3 B. The Senior Housing Advisory Committee 3 C. The Senior Housing Support Services Committee 5 D. Support Services Information 7 CHAPTER TWO - RECOMMENDATIONS 13 A. Phase One Recommendations 13 B. Phase Two Recommendations 16 CHAPTER THREE - ACTION AGENDA 19 APPENDIX 21 A. List of Available Services 21 EXECUTIVE SUMMARY EXECUTIVE SUMMARY The Senior Housing Support Services Committee began meeting in May of 1991 . The primary focus of the Committee's work has been to explore support services which could be provided at the Kent Senior Housing to help residents live independently. The product of this work is the recommended support services program outlined in this report. In addition to developing the support services program, the committee also prepared an earlier report entitled A Framework for a Support Services Package which outlined the services the Committee would explore and a proposed methodology for arriving at the final recommendation. This Report was presented to and adopted by the City Council in June of 1991 . The Committee also reviewed the preliminary plans for the Kent Senior Housing in light of the potential provision of support services on site. In developing the recommendations contained herein, the Committee came to the conclusion that support services implementation should be a two-phase process. Phase one consists of those actions which must take place prior to opening day of the Kent Senior Housing. Phase two consists of actions which will be taken by Housing Authority staff after the building is open and full. The specific details of phase two can only be sufficiently worked out once the first residents move into the building due to the desire to utilize programs primarily designed for low-income seniors and available on a low or no cost basis. The following is a summary of the specific actions recommended. PHASE ONE RECOMMENDATIONS: A. The King County Housing Authority should issue a Request For Proposals (RFP) to solicit bids from food service agencies for provision of a meal service program consisting of a minimum of one meal per day, seven days a week (evening meal) for the residents of the Kent Senior Housing. Participation in the meal program at a level of one meal per day should be required of all residents. B. Staffing for the Kent Senior Housing should include a Support Services Coordinator at a minimum of one half-time position and a full-time building manager. 1 ._ PHASE TWO RECOMMENDATIONS: A. A needs assessment should be conducted to determine the individual and collective service and program needs of Kent Senior Housing Residents. B. Based on the needs assessment, a support services program should be implemented and carried out by Housing Authority Staff. The program should consider the individual and collective needs for health care, personal care, laundry and housekeeping, transportation, activities, beauty/barber and other similar services. The program should also emphasize services which are available at no or low cost. These recommendations are further detailed in Chapter Two. The recommendations are also presented as Action Items for the City Council's consideration in Chapter Three. 2 CHAPTER ONE - INTRODUCTION/BACKGROUND CHAPTER ONE - BACKGROUND/INTRODUCTION A. Overview of the Kent Senior Housing Program In February, 1990 a bond issue was passed by Kent residents to build 92 units of housing for low income Kent seniors over 62 years of age. Since then; a number of events have taken place to plan for the day when residents will move in. A citizens' committee was formed to make policy recommendations to the City Council regarding ownership, management and construction of the senior housing. A request for proposals (RFP) was released by the City for proposed sites and building designs. A number of developer/design teams responded to the RFP, and a project selection committee ranked each proposal based on a number of criteria. Out of that process the site at Smith and 4th Avenue South in Downtown Kent and corresponding building design were selected. Subsequent to the passage of the bond the City received grant money from both the State and King County to supplement building construction costs. This resulted in the City being able to build two additional units as well as numerous building upgrades which serve as the foundation for the support services program, such as the commercial kitchen, common dining room, social services meeting rooms, etc. Construction is currently under way for the 94 units of senior housing. There will be 86 one bedroom units and 8 two bedroom units. Each unit will offer a small kitchen, living room, dining area and bathroom. The units above the first floor will have a small private deck. The building will also have a large central dining room and commercial kitchen. Office space will be available for support services agencies providing services to residents and each floor will have its own laundry room. There will be a space for a beauty parlor/barber shop as well as activity and craft rooms. The building should be completed and residents moved in by the end of this year. See building floor plan on page 4. B. The Senior Housing Advisory Committee The Senior Housing Advisory Committee was appointed by Mayor Kelleher soon after passage of the Senior Housing Bond Issue in February of 1990. The Committee met from March through June of 1990 to evaluate options for ownership, management and development of the senior housing. The committee recommended that; A. The City enter into a housing cooperation agreement with the King County Housing Authority to own and manage the Kent Senior Housing; B. The City utilize a turnkey method to develop the senior housing; C. The City retain professional services to oversee the construction of the senior 3 caa.�ooR a # x 3 I -- o —� I I z � go �i .i 0 T a 1 housing and; D. The City ensure that the housing consist of independent living units with the capacity to provide support services. The committee recommended the support services program be developed further as the project was carried out. The committee provided the following characterization of an independent living senior housing program with support services: program would include an on-site meal service program, and coordination with existing community services to provide other services such as health care, personal care (assistance with bathing, dressing, etc.), housekeeping services, transportation, and other services and activities. C. The Senior Housing Support Services Committee The Senior Housing Support Services Committee's work essentially began where the Senior Housing Advisory Committee left off. The Senior Housing Advisory Committee formally concluded it's work in July of 1990 with the presentation of final recommendations to the Kent City Council. The Senior Housing Support Services Committee was formed primarily to address the support services aspect of the earlier committee's recommendations. The Senior Housing Support Services Committee membership was comprised of representatives from the City of Kent and the King County Housing Authority who were appointed by Mayor Kelleher. Diane Richards, from the Division on Aging served as an advisor to the Committee and Buck Frymier and Larry Metler were consultants to the Committee. Specific tasks completed by the Senior Housing Support Services Committee include: A. Developed a Support Services Package Framework B. Explored state boarding home licensing requirements to determine if licensing was beneficial for the Kent Senior Housing. C. Reviewed and commented on the preliminary architectural plans for the Kent Senior Housing in light of potential services to be offered. D. Evaluated the options available for providing a meal service program. E. Evaluated the options available for providing housekeeping and laundry/linen services. F. Evaluated the options available for providing personal care services such as dressing, eating and bathing. G. Evaluated the options available for providing health and social services. H. Evaluated the options available for providing activities and social programs. I. Evaluated the options available for providing miscellaneous services such as beauty/barber services. J. Evaluated the options available for providing Transportation services. 5 K. Toured the Broadway Plaza Senior Housing Apartments in Everett. L. Invited representatives from local senior service agencies to a series of informational meetings on the Kent Senior Housing. In exploring each category of services, the committee reviewed issue papers prepared by consultant Buck Frymier and by Planning Department Staff. These issue papers covered the general availability of each service, who the different agencies were that provided these services locally, and what the cost might be for residents. Specific attention was given to the availability of programs designed primarily for low-income seniors and available on a low or no cost basis. Representatives from various agencies were invited to attend committee meetings to share more detailed information about their programs. Members of the Committee also visited Broadway Plaza in Everett to see firsthand how a similar low income senior housing program has successfully coordinated services for residents. Supoort Services Package Framework The Committee's first task was to develop a framework within which the remainder of their work would take place. The framework defined the target market, presented the categories of services which would be explored, and outlined the process which the Committee would employ to develop the support services program. The Framework was presented to officials at the King County Housing Authority as well as the Kent City Council. The City Council approved the Framework in June of 1991 . Target Market The adopted Framework envisioned that the initial resident population will largely consist of low income seniors who are living independently with little need for assistance going about daily tasks. Over time, as the residents age in place there will be an increasing need for support services. It is estimated that over time some of the residents may need an increased level of support services to continue living independently. Supoort Service Categories Meal services, housekeeping, laundry/linen, personal care (bathing, dressing, eating), health and social services, activities programs, transportation, and beauty/barber and other miscellaneous services were the categories named in the Framework. Information gathered by the Committee on each of these service categories is presented in the following section. Methodology The Framework presented a process for the Committee to follow in assembling a final recommendation for a support services program. Once the Committee developed its final recommendations, it was to present the recommendations to the King County Housing Authority and the Kent City Council for approval 6 and adoption. The work completed by this committee is intended to pave the way for the King County Housing Authority to begin preparation for the day when the first residents will move in to the Kent Senior Housing. Council approval of the Action Agenda contained in this report will signal the Housing Authority to proceed with making necessary arrangements to implement the support services program. D. Support Services Information Obtained by the Committee This section presents information obtained by the Committee in its study of support services which are available for seniors locally. Boarding Home Licensing The Kent Senior Housing Facility is being built to current state boarding home standards. A State Licensed Boarding Home is a facility which provides a daily meal service, lodging, assistance with the activities of daily living and which assumes responsibility for the general wellbeing of elderly residents. By constructing the senior housing to boarding home standards, the City and Housing Authority can accomplish two objectives: 1 . Provide added safeguards that the building is designed with the senior population in mind and 2. Leave the option open in the future to obtain a license from the state to operate as a boarding home to provide expanded services to the residents and potentially qualify for state (DSHS) boarding home reimbursement. Since the committee knew the building was being designed to boarding home standards, and that support services were being considered, an exploration into the potential benefits of pursuing a boarding home license was conducted. The Committee concluded that, based on the anticipated independence of the initial resident population and costs associated with boarding home licensure, a boarding home license should not be pursued at this time. However, at such time when the residents' needs change and the social services program changes, a boarding home license could be sought to permit the facility to provide a greater level of direct services and apply for state boarding home reimbursement. Meal Services As the Committee looked into local programs they found great variation as to the number of meals served and methods for preparing and serving food. The committee focused their study on agencies and programs related to senior housing facilities and senior centers in the Puget Sound region. The Committee also visited the Broadway Plaza Senior Housing in Everett where the Everett Housing Authority actually staffs and oversees the meal service program. With the exception of Broadway Plaza and Heritage House near the Pike Place Market, 7 the other low income senior housing facilities contracted with outside food service agencies for their meal service program. Among the programs studied, operations ranged from preparing all meals on site from scratch to bringing in previously prepared food for assembly in the on site kitchen for serving. Below are summaries of the types of programs the Committee studied. Senior Services of Seattle/Kind County Senior Services provides meals for a number of senior centers throughout King County including meals for the lunch program at the Kent Senior Center. Meals are prepared at a single location, chilled and then delivered to the various sites. At the sites, the food is warmed and served. At the Kent Senior Center there is one part time paid staff person who oversees 10 to 12 volunteers who warm and serve the food. Senior Services is open to the possibility of working with the Kent Senior Housing to provide one or more meals a day. Senior Services currently does not provide meals on holidays or weekends but would be willing to consider this. Consolidated Food Management (CFM) Consolidated Food Management currently serves 16 institutions, including jails, corporate lunch rooms, school districts and senior housing programs. CFM is the meal service provider for the Kent Corrections Facility, the Saint Mary's Retirement Complex in Bellevue and the Saint Martins on Westlake single room occupancy (SRO) housing for formerly homeless men over age 55. At these facilities the food is prepared on site in a commercial kitchen. CFM claims that the potential variety of meal service programs is virtually unlimited. There was some variation among the three programs the Committee looked at. At the Kent Corrections Facility and at the Westlake three meals a day are provided. CFM provides the kitchen staff but relies on inmates for assistance with labor at the corrections facility and volunteer assistance at the Westlake. At St Mary's, CFM only provides two meals a day and the sisters provide a continental breakfast. CFM is currently set up to provide meals on weekends/holidays. Food Dimensions Food Dimensions is a large corporation with 14 accounts in the Pacific Northwest and accounts in some 41 countries. They currently provide meals at Hilltop House in Seattle where one meal a day is prepared on site. Broadway Plaza/Heritage House As mentioned above both Broadway Plaza and Heritage House operate their own food service programs with their own staff. The benefits to this approach are greater control over the program. There are also, however, drawbacks. The major drawbacks are: The time it takes in program start up for the 8 sponsoring agency to become familiar with food service program requirements; hiring qualified people; staff coverage in the event of illness, vacation or termination; and responsibility for operation of the program. The cost of the food service programs varied a great deal depending on the type of program, number of meals served, staffing levels, and whether donated food was part of the program. Based on preliminary cost information obtained from Senior Services and Consolidated Food Management, it appears that meal cost could range anywhere from approximately $1 .75 to $3.75 a meal. Both agencies figured on volunteer help with preparing, serving and bussing meals and that volunteers would not have to pay for their meals. Housekeeping and Laundry/Linen The Committee learned that many market rate Senior Housing facilities provide laundry and housekeeping services for residents for a monthly fee. Since the Kent Senior Housing is for low income, mostly independent seniors, there will probably be little interest in paying market prices for this type of service. For those seniors who are eligible, based on need and income, there are agencies who can provide assistance for little or no cost. There are a number of chore programs administered locally through Catholic Community Services (CCS) and funded by the State. Some of the assistance available includes housekeeping,shopping, laundry,transportation to medical appointments and meal preparation. Seniors must be income eligible and have functional limitations to qualify for services. For persons not eligible for state funded programs, there are a number of private pay and volunteer services available. Assistance through chore programs can also be obtained on a temporary basis, for example due to injury or illness. The application process for assistance can be intimidating and confusing so it is important for seniors to have an advocate to assist them in accessing services. The down-side to state funded chore programs is that funding may be cut and some programs may even be eliminated altogether in the near future. Personal Care Access to personal care, (bathing, dressing, eating, etc.) can be obtained through many agencies such as CCS, Visiting Nurse Services and Kimberly Quality Care. At least 20 agencies provide such care in the south end area. In addition, private individuals can be hired to provide personal care. Much of the personal care that is needed for the elderly is for chronic debilitating conditions which are not adequately covered by medicare. However, the Department of Social and Health Services (DSHS) offers programs to eligible persons to meet these types of needs as an alternative to nursing home placement. 9 As with chore services, a support services person would work with tenants for referrals to help them meet personal care needs. The Kent Senior Housing building has been designed to allow for those who need assistance with personal care as they age in place, to remain at the site for the longest possible time. All the ground floor units have been designed with the idea that eventually these units could be occupied by the most frail residents. These units have been outfitted with accessible showers and are located on the ground floor which makes them more accessible for those who may have mobility limitations. Health Care Health screening and health education/counseling services are available through agencies such as VNS, Senior Services, Seattle/King County Department of Public Health, and Valley Medical Center's resident programs. The two most comprehensive programs are the Valley Medical and VNS programs. The Valley Medical Family Practice Residency Program is an on-site program where a resident physician visits a housing site on a regular basis. For many of the people served, the visiting physician becomes their primary health service provider. Valley Medical currently has a resident program at Renton Villa. A physician visits once a week and residents schedule appointments. The care which can be provided on site is limited, so patients requiring more extensive care are referred to appropriate off-site medical facilities. The Visiting Nurse Services (VNS) Health Clinic Program is currently operating at over 80 sites in King County including subsidized apartment buildings, senior centers and nutrition sites. VNS also operates a clinic at Broadway Plaza in Everett which was visited by members of the Committee. Health education, assessment and monitoring of health problems, provision of selected direct care services and referrals to other health care providers are the services provided. The clinic is staffed by nurses. Appointments can either be made in advance or patients can drop in. At Broadway Plaza nurses are on site on a weekly basis. However, this level of service is unusual among most of the VNS clinic sites. There are a number of other health care services available including dental screening through the Seattle-King County Department of Public Health, and health education through Senior Services. The Kent Senior Center also has health services available on a periodic basis, many provided by these same agencies. Activities Programs A resident's council could be formed at the Kent Senior Housing to develop on site activities programs. Some residents may have special interests and skills and small activity groups could form spontaneously. In addition, the Kent Senior Center has a number of regularly scheduled activities 10 which will be immediately available to the residents of the Kent Senior Housing. These activities include AARP meetings, bridge, ceramics, pinochle, quitters, songsters, sports and walking programs to name a few. A number of services are also available at the Senior Center such as blood pressure checks, foot clinic, haircuts, health clinic, adult day care, legal clinic, nutrition - lunch program and transportation to and from the center at minimal or no cost. The senior center management also indicated they would be willing to explore the possibility of bringing some activities to the Kent Senior Housing. Transportation Many residents may own automobiles and be totally self-sufficient for their transportation needs. However, as residents age, the use of public transportation and transportation assistance will increase. The South King County Multiservice Center currently provides service in the Kent area through their Van-Go program. Van-Go provides transportation to and from the Kent Senior Center, and to and from medical services for Medicare and Medicaid clients. Metro subsidizes two Van-Go programs "Reserve-a-Ride" and "Dial-a-Ride" which can transport eligible patrons to and from various errands. Metro bus line #150 currently services the Kent Senior Housing site and runs north to south between Seattle and Auburn. Senior Services has a program called Volunteer Transportation Services" where volunteers drive seniors to medical and other appointments. The King County Housing Authority also has a van service which periodically takes residents of their senior housing projects to local shopping malls. Case Management The Seattle/King County Division on Aging provides case management for seniors in need of services. The South King County office is located in Kent in the Kent Commons building. The program is designed to assist low income persons 60 years or older who have multiple service needs to obtain services which enable them to remain living in their own homes. The types of services which are obtained by the agency for the client include health care, legal services, mental health treatment, alcohol treatment, housekeeping, and short term counseling. Before services are provided, a Division on Aging case manager conducts a comprehensive assessment of the person's needs and capabilities. A case manager would be able to provide this service on site in the tenants unit or use one of the available social service offices. Beauty/Barber and Other Miscellaneous Services The Kent Senior Housing has an area set aside for use by a hair stylist. It is intended that this person would provide services at a reduced rate in exchange for the use of the facility. The Kent Senior Center also has a hair stylist who visits once a month to serve seniors on an appointment basis. 11 The Senior Housing also has a number of rooms designated for yet-to-be determined activities, meetings and services. There will be at least one such room available on each floor of the building. The generous consideration given to spaces for common use, increases the potential that a number of additional, yet undefined services and programs can be accommodated in the building simultaneously. 12 CHAPTER TWO - RECOMMENDATIONS CHAPTER TWO - RECOMMENDATIONS The recommendations for implementing a support services program for the Kent Senior Housing are broken down into two phases. Phase One recommendations are those which the Committee feels must be implemented prior to the official opening of the Kent Senior Housing. Phase Two recommendations may be implemented after the residents move in. The Committee originally envisioned that it would develop a more specific set of recommendations. Throughout the process of exploration in the area of senior support services, the Committee began to discoverthat the scope of available services is extremely broad and varied. For example, there are many agencies who provide health care and housekeeping services. Each of these services may have a slightly different program approach, different eligibility requirements and different payment schedules. The support services program is also by necessity designed so that program fees will be low or no cost. To keep costs low, the support services program must rely heavily on existing programs available in the community for low income seniors. The Committee realized that it would be a disservice to the residents of the Kent Senior Housing to recommend one agency or program over another. Different agencies' programs will be more or less appealing to residents depending upon their individual needs and any eligibility requirements. For this reason the Committee has limited its specific recommendations to Phase One and recommends that Phase Two remain more flexible so that it can evolve and be continually modified to meet the needs of the residents. A. Phase One Recommendations Phase One recommendations are for building staffing and the meal service program and should be carried out prior to the time the first residents move into the Kent Senior Housing. Staffing It is clear that arrangements for appropriate staffing levels will need to be made prior to opening of the senior housing. From day one there must be personnel available to ensure building operations run smoothly. The Committee approached the staffing issue from the perspective of the smooth running of a support services program. 13 Support Services Coordinator Since the majority of support services available to the residents will be available through existing outside agencies, and only available if residents have knowledge of and access to them, the Committee feels that there is a necessity for a support services coordinator. The support services coordinator would be a minimum half-time position. The person filling this position would preferably have experience in social work and senior programs. The support services coordinator would be primarily responsible for accessing and coordinating appropriate services for residents in need of such services. The support services coordinator would also schedule use of the on-site meeting rooms for health screening and other services, and as time allowed coordinate social and activity programs. Building Manager In addition to the support services coordinator position, the Committee envisions a full time building manager. The manager would have overall responsibility for management of the support services and activities programs. The support services coordinator would be responsible for implementation of the programs, under the direction of the building manager. The manager would not necessarily be required to live on site. Since the building manager would oversee the support services and activity programs and likely assist with support services implementation, this person should have a background in social services as well as management. Additional Staff and Management Services Other staff positions and management services which are less directly linked to support services implementation may be provided by the King County Housing Authority's existing central support and administrative staff. The staff/services which are anticipated for the Kent Senior Housing include part time clerical assistance (not necessarily on site), maintenance and cleaning of common areas and building grounds, and 24 hour emergency coverage. The 24 hour emergency coverage may be achieved by either the Housing Authority's existing 1-800 emergency number and/or by building residents serving as emergency contacts during off-hours in exchange for a stipend or reduced rent. Meal Service Program To ensure the successful implementation of a meal service program it must be operational from day-one. Since applicants for residency will be made aware of the meal service requirement as part of the application process, there will be a built in expectation for a meal service program. If the program is implemented down-the- road, after residents have become accustomed to living in the facility without the program, implementation will likely prove more difficult. Therefore the Housing 14 Authority and the City will need to do everything possible to implement the program immediately. One Main Meal a Day - Participation Reouired of All Residents Research by the Committee indicates that participation by all residents in at least one main meal a day will be required for the program to be economically feasible. Without a guaranteed participation, food service prices cannot be guaranteed for the residents. Beyond the economic considerations, the other benefits of participation in the meal program include ensuring at least one nutritious meal a day and encouraging all residents to engage in a daily social activity outside their apartment unit. By requiring all residents to participate in a meal program, it also becomes evident when a resident is absent that something may be wrong. The Committee recommends that the main meal be the evening meal and that it be served 7 days a week. Meal service beyond this point can be optional and geared to the needs and desires of the residents. Meal Service Program Should be Carried Out by a Food Service Agency The King County Housing Authority currently does not have staff with expertise in the area of food service. For this reason, and the fact there are many existing food service agencies active in King County, the Committee recommends the meal service program be provided under contract with an outside agency. Another benefit of contracting with an outside agency is that staffing -hiring and firing and direct responsibility of the program lies with the agency and not the Housing Authority or City. This frees management staff to focus on the day-to-day operation of the facility to best meet the needs of residents. The Committee also recommends the food service agency be selected through a competitive bid process. An RFP should be developed and issued as soon as possible to allow time for selection and program definition prior to lease-up. The RFP should specify minimum program parameters of one dinner meal a day and optional parameters such as service style (cafeteria vs restaurant) staffing levels, any proposed use of volunteer staff, use of donated foods and optional additional meals. B. Phase Two Recommendations Phase Two of the support services program implementation is the coordination of virtually every other support service potentially available. Phase Two implementation can begin any time after the Support Services Coordinator and Building Manager are hired as these people will be primarily responsible for carrying out this portion of the program. Support services coordination will be an ongoing activity, dependent on the changing needs of residents and changes in services available. For this reason the 15 specific program development is best left to the judgement of staff hired to carry out the programs. This means that selecting appropriate staff will be critical to the success of the support services program. The appendix includes a list of all the agencies the Committee is aware of who provide services for seniors. There may be many more existing and certainly will be new agencies and programs emerging in the future. This list is included as a starting point for the Support Services Coordinator in accessing appropriate services for residents. In addition to the list, the Committee recommends the following guidelines be considered in Phase Two. Needs Assessment The Support Services Coordinator should conduct an initial needs assessment for each resident to determine desired services and activities. Needs assessments should be conducted on a periodic basis after the initial assessment. The support services program can then be developed and modified based on the residents' initial and changing interests and needs. Affordability Many programs. are available at low or no cost. The Support Services Coordinator should seek out programs which minimize the direct cost to residents. Potential Program Funding Cuts Many of the existing programs for seniors are federally and/or state funded. While this helps subsidize the costs for seniors, it also poses some uncertainty as funding levels can be cut or not increased at a rate which keeps pace with growing need. The Committee was told that state chore and personal care funded programs are currently at risk of being cut back or eliminated due to funding cuts. Health Care As residents age in place, health care will eventually be one of the most important services for residents. The Support Services Coordinator should endeavor to develop relationships and arrangements with a variety of health care providers to achieve the greatest overall health care access possible. Examples of programs the Committee is aware of include the Visiting Nurse Services, Valley Medical Center Residency Program, and the Seattle-King County Department of Public Health's Dental Care program. All of these agencies can provide on-site services. Since the building has two rooms which are designed as physical examination rooms, health service agencies should be encouraged to provide services on site and on a regular schedule which can be posted for the residents. 16 Personal Care Initially, most residents may not require personal care, which consists of assistance with activities such as bathing, dressing and eating. However, this need will undoudtably arise over time for some of the residents: When the need for personal care is evident, the Support Services Coordinator should work with the resident(s) to help them gain access to programs on an individual basis. Laundry/Linen and Housekeepin4 Laundry facilities will be available on each floor of the building for residents' use. For those needing assistance with laundry and housekeeping, this service is typically provided through programs such as Chore Services. The Support Services Coordinator should work on an individual basis as in the area of personal care to help residents in need access services. The initial residents will likely be able and want to do their own laundry. However, laundry and Housekeeping services may be seen as an attractive convenience service to some residents. The Committee recommends that if these services are desired by a large number of residents, that it may be worthwhile for the Support Services Coordinator to negotiate for the arrangement of low cost services which could be made available to those residents who desired them. Transportation There are many existing transportation programs potentially available to the Kent Senior Housing. The Support Services Coordinator should endeavor to educate residents about programs which are offered on an individual basis and post schedules, phone numbers for reservations, etc. In addition, the Support Services Coordinator could try to arrange for regularly scheduled shuttles between the Kent Senior Housing and local shopping areas. Currently, the King County Housing Authority also has vans available for shopping excursions to regional malls on a periodic but not necessarily regular basis. Activities Program The Committee feels that one of the key components in developing an activities program is to survey residents to determine their activity interests. The Senior Housing building will have many rooms which can be made available for a variety of activities, both planned and spontaneous. A process for scheduling the use of these rooms should be developed to allow residents equal access to facilities. It will be important for the residents to have on-site activities to help build a feeling of community amongst themselves. There are many ways in which an on-site activities program could be developed. Suggestions include: A. 17 encouraging the residents themselves to form a residents' council to plan and carry out activities of their preference; B. coordinating with the senior center to have some activities occur at the Senior Housing; C. networking with volunteer organizations to sponsor activities; D. utilizing support services coordinator to plan/arrange activities. In addition, the Kent Senior Center is conveniently located to the Kent Senior Housing Site. The Senior Center management is very interested in having the Kent Senior Housing residents join in scheduled activities. The Senior Housing Staff should encourage this participation. Beauty/Barber and other Miscellaneous Services The Senior Housing building has a room designed for use as a beauty/barber facility. Many residents will likely find this on-site service convenient. The building staff could negotiate for the use of this room by a licensed stylist in exchange for reduced rates for residents. There are parameters to be considered by building staff in negotiation such as whether clientele who are not residents will be allowed to use the facility. The Committee suggests that the building staff contact other facilities such as Broadway Plaza in Everett to determine appropriate parameters. The Support Services Coordinator will likely become aware of many more programs, activities and services than are listed here and should be encouraged by Housing Authority Management to explore new options and develop new programs on an as-needed/as-desired basis. 18 CHAPTER THREE - ACTION AGENDA CHAPTER THREE - ACTION AGENDA This chapter condenses the recommendations of the previous chapter into a set of specific actions which are presented for consideration by the Kent City Council. Approval of this action agenda will direct the key players specified below to begin implementation of the Support Services Program. The overall responsibility for management of the Senior Housing in the City is coordinated by the Administration Department. The counterpart at the King County Housing Authority is the Housing Management Division. Action Item 1• Phase One Implementation A. Develop and Issue an RFP (Request for Proposals) For a Meal Service Program. The RFP should specify the following as a minimum: 1 . that residents will be required to participate in a minimum of one main meal a day (7 days a week) which shall be the evening meal; 2. that additional meals may be proposed as options for consideration; 3. that the style of meal service proposed (cafeteria or restaurant) must be indicated; 4. the cost per meal to the resident must be indicated. Key Players: King County Housing Authority Staff with input from City of Kent staff. Timeline: The RFP should be developed and issued as soon as possible. Sufficient time must be allowed to implement the program prior to opening the building, estimated November 1992. B. Hire a Full Time Building Manager and a Part Time Support Services Coordinator. Both positions should be filled by persons with background in social services and experience working with senior citizens. Key Players: The King County Housing Authority Timeline: Prior to opening the building, estimated November 1992. 19 Action Item 2• Phase Two Implementation A. Conduct a Needs Assessment of All Residents. The needs assessment will become the backbone for the development and ongoing modification of the support services and activities programs. The needs assessment should explore as a minimum the supportive services discussed in this report. Key Players: King County Housing Authority Staff Timeline: During initial building lease up and on a periodic basis thereafter B. Arrange for On-Site Health Care Services. Key Players: King County Housing Authority Staff Timeline: As soon as possible following building lease up. C. Implement and Coordinate Remaining Components of the Support Services Program and Report Annually on the Program Status. The remaining components of the Support Services Program should be implemented based on both individual and collective needs, and emphasizing services which are available at no or low cost. An annual summary should be prepared by Senior Housing staff to update the Housing Authority and City of Kent Administration on program status. Such summary would include the current services being utilized by the residents through the support services coordinator, and any changes in the program which have occurred or are anticipated. Key Players: King County Housing Authority Timeline: Summary prepared annually 20 APPENDIX APPENDIX A LIST OF AVAILABLE SERVICES Service Frequency Location Provider Pa or Cost Alert Button Alarm As Needed In home VNA Fee Schedule Blood Pressure checked 2/Month Sr. Center VNA Donation Case Management As Needed In Home SeaXng Co. None/Donation Div. on Aging Chore Services a.As Needed In Home VNA Per Fee Schedule b.As Needed In Home CCS DSHS Pays c.As Needed In Home CCS ILP Sliding Fee d. As Needed In Home CCS Vol. Chore Fee Schedule Dental Screening Monthly Sr. Center Health Dept. No Charge Dental Services/Repair As Needed Renton Voc. Renton Voc. Sliding Fee Foot Care a. Per Contract On Site VNA Per Contract b.Weekly Sr.Center VNA $5/Visit Grandparents Support As Scheduled Sr.Center Sr.Services No Charge Haircut Monthly, Sr. Center Local Provider Fee Schedule Health Screening a. Per Contract On Site VNA Per Contract b.Weekly Sr. Center VNA $5.00/visit Home Health Care As Needed In Home VNA Medicare Pays Homemaker Services (COPES) As Needed In Home VNA DSHS/Medicaid Information&Assistance As Needed In Home Sr. Services No Charge Legal Assistance Weekly Sr. Center Volunteers No Charge Meal Services a. Daily Noon M-F Sr. Center Sr. Services $2.00/Meal b.Various other options available (not being considered by committee at this time) Medications Management Weekly Sr. Center VNA $5.00/visit Mobile Market As Needed In Home Sr. Services No Charge Physician Services Weekly On Site Valley Med. Center Medicare Pays Promotion, Health As Scheduled Sr. Center Sr. Services No Charge Respite Care As Needed In Home VNA Sliding Fee Senior Rights Assistance Monthly Sr. Center Sr. Services No Charge Social Events As Scheduled Sr. Center Sr. Center Based on Event Social Work/Health Promotion Weekly Sr. Center Sr. Services Sliding Fee Transportation a. Daily,M-F,AM/PM To/Fr.Sr. Cent. Kent Parks $.25 each way b.As Needed To/Fr. Med.Ap. Sr. Services No Charge (donation) c.As Needed To/Fr. Med., Metro Work, Shop, Etc. Reserve-A-Ride $.25/Tdp d.As Needed 1 Wk. Notice Kent City Dial-A-Ride Metro Bus Fare e. Per Schedule Route 150 Metro Transit Fee Schedule * This list is representative of the agencies and services which the Committee became aware of through the course of investigation. There may be many more services and agencies in the South King County area which are not reflected by this list. This list is therefore not intended to be all-inclusive. 21 CITY COUNCIL PLANNING COMMITTEE MINUTES MAY 51 1992 PAGE 2 in-kind basis. Planning Director Jim Harris explained that the match could be a combination of money and staff time, or staff time alone. He asked the Committee to accept the grant, and staff will advise the Committee what the match will consist of at its May 19 meeting. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to authorize acceptance of the state grant. Motion carried. SENIOR HOUSING SUPPORT SERVICES PROGRAM (L. BALL/J. SHULL) Senior Planner Lin Ball explained that the Senior Housing Support Services Committee was appointed by Mayor Kelleher in May 1991. The focus of the committee' s work was to explore the types of support services that could be provided to the Kent Senior Housing project at no cost to the King County Housing Authority or the City of Kent and at no or low cost to the residents. The committee worked with consultant Buck Frymier, and Diane Richards from the Seattle King County Division on Aging served as an advisor for the committee. Construction of the housing complex is scheduled for November 1992 , therefore, approval of the proposal by early June would give the Housing Authority the necessary time to implement the programs which need to be in place when the housing opens. Planner Janet Shull explained that the committee drafted a report which was reviewed and approved by the Housing Authority. The report contains an executive summary, an introduction that explains the process the committee has gone through, and puts the current committee' s work in perspective with the committee that preceded it--the Senior Housing Advisory Committee. Many of the recommendations are based on a framework which was presented to the Kent City Council in May 1991. The Committee looked back at the original Senior Housing Advisory Report which gave preliminary direction and indicated that the housing should be designed for seniors who are relatively independent. Committee members are concerned that over time as residents age in place there may be a greater need for services. They feel the building should be designed so services can be implemented at the time they are needed. After the framework was developed, a number of agencies were invited to committee meetings to make presentations on their programs. A two phase action agenda was developed. Phase I, critical issues, recommends a meal service be provided on site. The committee is recommending a request for proposal be issued to outside agencies to provide this service. The meal service program should be in place when the first residents move in, and in order to control costs, the committee recommends one mandatory meal per day. The committee recommends a full time building manager and a one-half CITY COUNCIL PLANNING COMMITTEE MINUTES MAY 51 1992 PAGE 3 time support services coordinator be hired by the Housing Authority. Phase II addresses those services which would be implemented after residents move in and will be based on the specific needs of the residents. After move-in, the committee recommends a needs assessment survey of the residents be conducted to determine what services they want or need. Phase II also recommends that an on-site health care service be provided, and the facility has been designed with rooms to accommodate this service. Councilmember Johnson is concerned about requiring one meal per day especially for those residents who are independent seniors. He feels they should have options. In response to Councilmember Johnson' s question, Jim Dion explained that licensing the facility as a state boarding home was not pursued because of the expense, timing and the possibility of State involvement in the project at this time. Senior citizen Ted Loudenback expressed a strong opinion that the committee is not qualified to know the needs of seniors. In response Assistant City Administrator Jim Hansen explained that Buck Frymier, the consultant retained by the committee, is in the business of working with senior projects and support services, and his references were carefully checked. Senior Planner Lin Ball added that the original Senior Housing Advisory committee conducted a survey which was distributed at the Kent Senior Center and several public hearings and the respondents overwhelming identified health care, meals and chore services as the services seniors want and need most. The results of this survey are what lead Mayor Kelleher to appoint the second committee to develop support services. Mr. Loudenback also expressed a strong opinion that seniors do not need any support services, is opposed to the project having a commercial kitchen and common dining room, and asked for a guarantee that no services be implemented before residents move into the project. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to approve the recommendations contained in the Senior Housing Support Services Committee report and forward the report to the full Council for approval at its May 19 , 1992 meeting. Motion carried. ADJOURNMENT The meeting adjourned at 5: 45 p.m. PC0505. 92 CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT � i) n 1� B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE i E. PUBLIC SAFETY COMMITTEE � N F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES May 4, 1992 City Clerk COMMITTEE MEMBERS PRESENT: Christi Houser Leona Orr Jim White COUNCIL MEMBERS PRESENT: Jon Johnson STAFF PRESENT: Ed Chow Roger Lubovich Tony McCarthy Alana McIalwain May Miller Kelli O'Donnell Don Olson MEMBERS OF THE PUBLIC: Bill Doolittle Vern Dwight Connie Epperly Jill Leovy Jean Parietti UNIDENTIFIED STAFF & MEMBERS OF THE PUBLIC Approximately 5 people were present that were not identified to the Committee. The meeting was called to order at 5:35 p.m. by Chairperson Houser. Approval of Vouchers All claims for the period ending April 30, 1992, in the amount of $1,393,331.88 were approved for payment. List of Vacant Positions Chairperson Houser noted that the new employee listing was easier to understand and asked the Committee if there were any questions. Committeemember White inquired about the Administrative Assistant I listed under Administration. Finance Director McCarthy responded that position was authorized for records management for the City Clerk which was under Administration. Houser asked if a City Attorney was being hired. City Administrator Chow responded that a Legal Nine Intern was being considered. During further discussion City Attorney Lubovich noted that his office was losing two attorneys and an intern which will leave them with three attorneys and possibly a Rule Nine Intern this summer. When asked about prosecution, Lubovich responded that he will be doing prosecution and the priorities of the City Attorneys will have to change with less coverage. 1 Bill Doolittle asked if it was possible to get a listing of people added to the payroll. Houser asked if he was asking for new people, not replacements. Doolittle responded that he would like to see new people, replacements as well as people paid out of other funds. After further discussion, White asked how many positions the City is actually down from the beginning of the hiring freeze. Finance Director McCarthy stated that he would put a listing together. Change of Meeting Time Houser informed the Committee that the Public Safety Committee had asked if Operations would be willing to change times with them. The Committee Members concurred to move the meeting time of Operations Committee to the first and third Monday of each month at 4:00 p.m. Full Time Mayor Position Committeemember Orr suggested that rather than recommend either of the ordinances presented at the last meeting, with the consensus appearing to be that any change in the Mayor's position would be effective January 1, 1994, that the change take place during the budget process. Orr noted that she was not comfortable setting a salary at this time. She suggested that an ordinance be in place with a salary by June of 1993 after which time the structure could be looked at. Orr noted this would allow time for candidates to file. White responded that he wished only to set the Mayor's budget and allow the Mayor to establish the structure of the office. Orr Moved to review the proposal as part of our budget process this year with adoption of the necessary ordinance and budget for 1994 by June 30, 1993. Houser seconded the motion. White stated that the Council would be overstepping their bounds by setting the structure. Orr stated that may be true and could be looked at during a workshop or as part of the budget process but she pointed out that both of the ordinances under consideration set a salary. She noted that she was not comfortable with setting a salary at this time. White informed the Committee that while reviewing the City Code he had discovered that changes to Policies and Procedures Manual made as required and approved by the City Administrator, are subject to review by the Mayor and City Council. He noted that during his nine years on the City Council he has never seen the manual. Chow requested the Human Resources Department supply a copy of the Policy and Procedures Manual to White. White read from the City Code the section regarding appointment of the City Administrator: "The City Administrator need not be a resident. The Administrator shall be appointed by the Mayor, subject to confirmation of the members of the City Council, solely on the basis of his executive and administrative qualifications with special reference to his education, actual experience in, and knowledge of accepted practice in respect to the duties of the City Administrator and the field of municipal administration and finance." White stated that he wish he would have had this information when the last appointment was made. He noted that under "Duties and Powers": "To have general supervision over the administrative affairs of the City". 2 White stated that he felt there were times Mr. Chow did not feel he had those duties and powers. He noted that another duty of the Administrator was: "To make, compile and file with the City Clerk a complete inventory of the property, real and personal, owned or leased by the City and file amended inventories thereof at least semiannually as to stock, supplies and equipment, and at least annually as to other properties." White stated that he has been asking for almost a year for an inventory of real property of the City and has not received it even though it is supposed to be done semiannually or some of it at least annually. Houser called for a vote on the motion. Orr and Houser voted Aye; White voted Nay. Lubovich asked if the item would proceed to Council. After discussion, it was decided to be included under reports. Houser adjourned the meeting at 6:00 p.m. 3 Brenda Jan-ber City Cler Parks Committee Minutes April 27, 1992 Councilmembers Present: Christi Houser and Jim Bennett. Staff Present: Ed Chow, Barney Wilson, Tony McCarthy, Tom Brubaker, Robyn Bartelt, Lee Anderson and Pam Rumer. Others Present: Jean Parietti , Valley Daily News; Bill Doolittle, 412 N Washington; Connie Epperly, 639 S 5th Ave. ; Ted Loudenback, 21550 123rd Ave. SE; Steve Dowell , 430 Glenwood; and Janet Best, Riverbend Ladies Club. GOLF AUDIT RECOMMENDATIONS Councilmember Houser opened by saying that after many hours of meeting and deliberation, the Advisory Committee came up with a list of recommendations (see attached) . She then asked for questions or comments. Ted Loudenback questioned if the recommendations were new or if some were recommended by the Parks Department in the past and were ignored because the City didn't have money or because of a frozen position. He said that the Parks Department has already requested improvements at the driving range as well as additional equipment, but were not given consideration. Loudenbach asked how an advisory committee can fund those recommendations. He felt that the recommendations were issues to be handled by staff. Houser explained that the Golf Advisory Committee was formed because complaints were received regarding things that need to be done at the complex. She added that the committee will be involved in some of the recommendations, while City staff will be responsible for others. Steve Dowell questioned why it is necessary for a Golf Advisory Committee to evaluate the snack bar operation. He asked if the consultant didn't already evaluate the snack bar operation and why staff couldn't evaluate it and request additional improvements. Councilmember Bennett said that the consultant did a minor evaluation but didn't see that there were any changes which needed to be made. He explained that it was golf course staff who requested certain improvements based on customer input. Several members of the public expressed concern that the Golf Advisory Committee meetings were supposed to be open to the public, but they did not see notification for all meetings. Bennett assured everyone that proper notification was given for all meetings (he estimated between 5 to 7) , and all were published in the newspaper. Bill Doolittle requested that notices for such meetings be posted on the public meeting board in City Hall . I Dowell reminded the Parks Committee that the City sent out an RFP for merchandising (public vs. private operation) at some time and suggested that the City should be careful that there is no conflict of interest between those who submitted RFP's and members of the committee when selecting advisory committee members. Both Dowell and Loudenback asked the Parks Committee to make sure that appointees to the Golf Advisory Committee aren't looking out for their own interests rather than those of the community. Barney Wilson also commented that members with political agendas would bog down Riverbend's operations and that he hoped the complex could get a simplified committee that is made up of people who are interested in multi -use of the golf course. Houser said that members of the advisory committee will be chosen from a list of volunteers. She explained that the purpose of the advisory committee would be to get citizens involved so the City can get their input. She compared the proposed committee to the Arts Commission and the Human Services Commission. Bennett added that an advisory committee would better involve the users and the golfing community, as well as better utilize the resources which are available. Doolittle referred to minutes of a previous City meeting and commented that Administration's initial approach to consider the audit was the appropriateness of financing for the golf complex. He then asked how many of the 12 recommendations came from the $16,000 audit and how many came from the men's and women's clubs. Houser answered that 10 or 11 of the recommendations came from the audit. Bennett then made a motion to adopt the 12 recommendations and to forward them to full Council for consideration. Janet Best of the Riverbend Ladies Club seconded the motion. The motion passed by a 2-0 vote. The recommendations will go to the May 5 City Council meeting for consideration. Wilson requested that the City Attorneys Office develop policies and procedures for the advisory committee to give members direction regarding how to operate. The Parks Committee agreed with this. Tom Brubaker said that he will research what other committees have done and bring back some guidelines for the Parks Committee's review. OTHER BUSINESS Doolittle requested that the Parks Committee consider eliminating the curfew of closing parks at dusk. He was particularly interested in Mill Creek Canyon Earthworks Park. While he said he understands that this was done for safety reasons, he did not feel the rest of the community should be deprived of access to some parks. The committee decided to place this issue on the next Parks Committee agenda for discussion. Houser suggested that someone from the Police Department should be present at that meeting. GOLF ADVISORY COMMITTEE RECOMMENDATIONS FOR RIVERBEND GOLF COMPLEX 1. Continue to operate the Golf Complex under City management, however, establish a Golf Advisory Committee with representatives from user groups, the community at large, the Complex, the Administration, and the City Council to provide input regarding issues related to the operation of the Golf Complex. The Committee should report to the City Council Parks Committee. 2. Establish the position of Golf Director to oversee all golf related activities. Then consult with the PGA Community Relations Office to review employment contract options for a Golf Director and finally hire an experienced individual through an open interview process, with recommendations from the Golf Advisory Committee. 3. Review the advantages/disadvantages of having the Golf Complex report directly to Administration. 4. Look for ways to increase cash flow such as increasing cart utilization and having peak and off-peak pricing policies. 5. Review cash handling procedures on a regular basis. 6. Evaluate automating the purchase of driving range balls. 7. Evaluate the snack bar operation to find ways to increase its revenues and the services that it provides. 8. Bring in the USGA Greens Section advisory staff for regular consultations and based upon their recommendations and those of the Superintendent, purchase the necessary equipment to maintain and improve the condition of the Golf Complex. 9. Prepare a plan to improve the driving range facility. The plan should address expanding the hitting areas and establishing facilities for conducting quality golf instruction. 10. Develop financial statements that show the profit/loss for each of the Complex's revenue sources and review the appropriateness of current administrative charges being made against the Golf Complex budget. 11 . Audit the Pro Shop (merchandise sales) operation to determine if at the current inventory levels, its financial viability is worth the risk the City has undertaken. This audit should be completed by October 1, 1992. 12. Prepare a five year operating plan which will contain long and short range goals, revenue and expense projections, and a future needs analysis . Parks Committee Minutes May 7, 1992 Councilmembers Present: Jon Johnson, Chair, and Jim Bennett. Staff Present: Ed Chow, Barney Wilson, Tony McCarthy, Tom Brubaker, Ed Crawford, Rose Nelson, Bob Cline, Ken Chatwin, Larry Webb, Robb Dreblow, Dave Everett, Lea Bishop, Robyn Bartelt, Lee Anderson, Jack Ball , Karen Ford, Patrice Thorell and Pam Rumer. Others Present: See attached list. CITY OF KENT PERFORMING ARTS CENTER TASK FORCE - CULTURAL CENTER DEVELOPMENT STRATEGY TIMELINE Jim Torina said he realized it was not a good time to be asking for funds but in order to complete the project in 1997, the Task Force must continue working in 1992. He explained that there is an opportunity to receive hotel/motel tax funds, but the City must make a commitment to receive those funds. Torina then gave a little history of the Performing Arts Center Task Force. The Task Force was appointed by the Mayor in 1989. Members have set goals, studied the project, and hired a consultant in 1991 to do a feasibility study which determined the cost of the cultural center to be $20,000,000. The Council accepted the study in 1991 and funded $50,000 in 1992 for the architectural planning phase. The Task Force's goal is to have the groundbreaking in 1996. Torina said the Task Force needs the City to commit to funding its half of the performing arts center, which is $10,000,000. He assured the committee that the Task Force will keep the City updated as it has in the past. Torina stressed that the Task Force feels that the cultural center is a downtown enhancement project. Torina then shared the Task Force's development strategy with the Parks Committee. He discussed six goals: (1) get Council commitment for groundbreaking in 1996; (2) hire an architect to create cultural center schematics; (3) establish a Mayor' s Blue Ribbon Committee; (4) hire a fundraising group; (5) raise public awareness to gain broad-based public support; and (6) secure major corporate commitments. Torina said it is very important to raise public awareness. He mentioned that the Task Force will need broad base support, as $10,000,000 is a lot of money to raise through a bond issue. Torina emphasized it is important that the City commit first, as this is a City project. Members of the Task Force are committed to the project for the next five years. He said that the City must provide the motivation. 2 Pat Curran shared the 1992-93 timelines , and requested that the Parks Committee place the development strategy on the June 2, 1992 City Council agenda for consideration. She explained that if it is approved, the Task Force will begin to enact their 1992-93 timeline and expend the $50,000 cultural center funding budgeted for that project in the CIP. In response to Bill Doolittle's concern that the Task Force is requesting to expend the $50,000 that was set aside to apply for matching funds from King County, Thorell and Torina explained that the Task Force has redeveloped its strategy and members feel they can accomplish their goals with the funding that is available now. Thorell added that the King County funds are not available at this time, and there is no guarantee that funding will be available for the study. Councilman Bennett moved to place the Development Strategy on the June 2, 1992 Council agenda for full Council consideration. Councilman Johnson seconded the motion. The motion passed by a 2-0 vote. RESURFACING HANDBALL COURTS AT GARRISON CREEK PARK Steve Mills and Joe Cox, users of the facility, said that 50-60 players have used the facility for the past 17-18 years. Mr. Cox mentioned that the group has received national exposure for many of the handball tournaments they have held at the park for the past 15 years. He said that when funds are available, an - additional wall would greatly enhance the facility. In the meantime, he shared a few concerns regarding maintaining the present facility. Mr. Cox said that the Parks Department has been good at painting the courts, but requested some consistent surface as there are cracks in the flooring. He mentioned that there is also a problem structurally with one of the walls. Mr. Mills said that this is a concern of general maintenance as well as for the safety of the users. He added that the facility is also used for tennis practice as well as racquetball . Jack Ball reported that he solicited contractors to look at the site and received a quote of $25,710 plus tax for total renovation and to expand to a four court system. Ball said that the money is not available at this time, but suggested that there are other options for temporarily repairing the facility. He reported that staff are looking for some type of reinforcement for the wall , but do not feel that it is a safety issue at this point. Bennett suggested that staff pursue the issue further to see what options are available, and to bring costs for those options back to the Parks Committee. Johnson suggested that perhaps since the facility is located on a water reservoir, a possible source of funding for some of the concerns is the water fund. Ball said that he will meet with the handball group and come back to the Parks 3 Committee with alternatives. he facilit is the Cityn provides rfor a small ennter interest group ce commented that nd tent encouraged the city ttono t offer more of these activities. YOUTH ACTIVITY CENTER Ed Crawford explained that he is a delegate of a committee formed at the request of Councilman Mann in the interest of developing a boys and girls club. He said that the committee is in the talking stages. After meeting, the committee decided that the City already has an excellent recreational program through the Parks Department, but is lacking in the area of trying to help youths help themselves. Crawford said that the City has an excellent senior center and recreation center, but does not have a youth activity center. Crawford and Dave Everett visited the Crossroads Community Center and Everett commented that "ecstatic" was an understatement of how he felt after the tour. Crawford said that the youth committee feels that there may be an opportunity for a bond or a levy to develop a community center like that of Bellevue. He explained that he was present at the Parks Committee meeting to see if there was any enthusiasm. If so, he said the youth committee will move on the next step. Selwyn Foster from the Bellevue Parks Department presented some information on the Crossroads Community Center. He reported that the Center opened in 1981 and is located on 13,000 square feet. The Center provides social and recreational activities, has a counselor on hand for problems youths are having; a free drop- in room where youth can stop in after school and have fun; programs for latch key children and a dinner program which serves 90 people a night (meals are provided and served by local churches) . Foster stressed that the programs are affordable and are a way to welcome the entire community; the center sees a great diversity of participants. He said that children need structure in their lives and somewhere to go. He reported that 80,000 participants visit the community center a year. Crawford said that what he feels is so important about this is the volunteer spirit. He mentioned the volunteer efforts at the Kent Corrections Facility. Bennett said that there is definitely enthusiasm throughout the City and commented that he would like to tour the Crossroads facility. Johnson said there is obviously a need in the community and encouraged Chief Crawford and the youth committee to proceed to see what can be developed. Crawford said that he and the committee will arrange for a more formal tour for anyone interested, work out a road map and research funding alternatives, and come back to the Parks Committee with an update. 4 PROTECT THE CHILDREN FOUNDATION Gail Mayes and Phyllis Difert explained that their organization is holding a fundraising event the week of May 29-31 which will include a carnival , live entertainment and a dance. They wanted to use Parks Department facilities for the event, but all are filled that weekend. Instead, the group has a commitment from Boeing to use their facilities. The two requested the use of Parks Department tables and chairs for the weekend. Wilson's concern was that if the facilities are in use that weekend, then tables and chairs es the group may want toll aapproach regarding use oflso be in use. Staff gtables, such asrlocal churches geste other gous or � or the National Guard. Bob Cline of the Police Department asked such questions as where the dance will be held, if the event will impact traffic, or if the group has obtained security for the weekend. He asked that the group contact him once things are tied down. Larry Webb of the Fire Department also requested that the group contact him regarding safety issues. Wilson said that he will think the situation over to see if the Parks Department can help. He asked that Ms. Mayes and Ms. Difert leave their phone number. KENT SENIOR ACTIVITY CENTER KITCHEN FLOOR Lea Bishop, at the request of Councilman White, gave a brief history of the problems with the kitchen floor. The contractor replaced the first floor in 1989 because of cracks. By December 1989, bubbles and a white residue began appearing in the flooring. The City then hired Wiss, Janney, Elstner Associates, Inc. in 1990 to evaluate the problem, and the residue was determined to be mineral deposits from the concrete. The consultant recommended removing the entire floor down to the concrete and replacing it with a floor that breathes. In March 1991 , the City had a study done to determine who was at fault. Tom Brubaker said that there is too much water under the floor and no one really knows why. He explained that to find out why will require ripping out the entire floor; to determine the source would be more costly than curing the problem. Brubaker said that the consultant will take more samples to determine if the floor is drier now, and when the City receives those findings, the consultant will recommend a floor coating. Bishop said that the dining room floor will have to be replaced as well . This will require down time of at least two weeks, which will affect the food program as well as revenue from facility rental . Brubaker reported that the consultant is researching alternative sealants which are less expensive than the breathing floor. Steve Dowell asked whether the consultant considered de-watering the site. Bishop responded that a sump pump was considered but she was not sure why that option was not chosen. 5 Brubaker said that staff will wait for the consultant's findings and then appraise the committee at that time. Staff will also inform Councilmember White of the status. KENT MEMORIAL PARK HOUSE Ball said that he was asked to seek bids for demolition of the Kent Memorial Park house. Since that time, it has been determined that there is asbestos in the house. Ball reported that neither of the two bids received include the cost for hazardous material disposal . The Parks Committee voted at its April 7 meeting to transfer the $6,830 remaining in the Kherson budget for the demolition, but Ball pointed out that this amount will not cover the cost of the entire demolition, as it will cost approximately $2,256 plus tax to remove the asbestos. In response to Bennett's questioned, Ball answered that taking the other route and repairing the house will not interfere with the linoleum and the asbestos. Crawford and Connie Epperly of the youth committee mentioned that this house may be a possible location for a youth activity center. Crawford commented that all projects must start small . They requested that the Parks Committee give them time to discuss this with their committee. Ball recommended that the youth committee have a structural inspection done on the house before making a decision. He informed them that the foundation is settling and the fireplace is being held in place by a metal strap custom made by Park Maintenance staff. Dowell suggested that parking must be considered if a youth activity center is located there. He said that park participants use his parking lot now because there isn't enough parking. He recommended selling the property. Bennett also mentioned that the Kherson funds may not be available. He said that Councilwoman Orr was under the impression that any funds left over in the Kherson account would go back into the general fund. The committee decided that there are several issues to consider before reaching a final decision. Committee members also agreed to give the youth committee time to discuss possible use of the Kent Memorial Park house for a youth activity center. ASA RIVERFRONT PROPERTY Brubaker reported that the City is still in continuing negotiations to purchase a narrow strip of land south of the Valley Daily News as part of the riverfront trail project, but has not been able to close the deal . He requested authorization to write an ordinance to condemn the property for parks and recreation purposes, and to forward this ordinance to the full Council for approval . This would also authorize the City Attorneys office to settle the 6 purchase, as staff feels the City can go ahead and close the deal if a condemnation ordinance is passed. Bennett asked how this project is being funded. Staff in attendance were not sure of the funding source. Bennett then made a motion to allow the City to proceed with condemnation of the property, with the provision that staff supply the Parks Committee with the funding source prior to Council consideration.* Johnson seconded the motion. The motion passed by a 2-0 vote. * <25% King County Open Space Bond Issue Proceeds and 75% Department of Natural Resources Aquatics Land Enhancement Account (ALEA)> RIVERBEND ANNIVERSARY WEEK Robyn Bartelt said that rather than hold a celebrity tournament this year, staff has decided to have a week long celebration the week of June 8-12. Staff feels that this will do more for the general public and the complex users. Some of the activities planned for the week include: free golf clinics, coupons for free beverages, free prizes for random golfers, an anniversary cake, and sky divers and 1989 green fees on Friday. Bennett commented that he liked the idea of having an anniversary week rather than a celebrity tournament. Wilson said that the City will gain more in goodwill than it will lose in the $1 .50 reduction in green fees. CURFEW IN PARKS Doolittle requested that the Parks Committee consider eliminating the dusk curfew in some parks, specifically Mill Creek Canyon Earthworks Park. He felt that the drug problem has moved from that park. Bob Cline of the Police Department disagreed with Doolittle. He said that the City needs to continue with the curfew to keep such problems out of the parks. He explained that the curfew is a tool the Police Department has to ask unsavory persons to leave the parks and added that neither the Police Department nor the Parks Department has staff to watch the parks all night. Doolittle said that he understood Cline's position, and that it was only a suggestion. 7 VERTI DRAIN Doolittle commented that the Parks Committee needs to take a stand on this issue, as those running the golf course need to be able to back out of the contract if the equipment is not working. In response to Johnson's questions, Bartelt reported that staff is still waiting for parts to come in and that staff only had use of the demonstration verti drain from the Auburn firm through the weekend. Brubaker said that the contract was written on an on-call basis ($200 per day on a 10 hour per day basis) , and that it does include a seven day termination notice. He explained that the City has to replace the broken bearings as per the contract. The arms are not covered in the contract, but it was Brubaker's opinion that if the machinery was operable when it was received, then the City must return it in operable condition. Wilson explained that the machinery has not been successful for Riverbend, and that staff asked for a demonstration verti drain from the Auburn firm to determine if the verti drain machine itself would meet Riverbend' s needs. If not, staff is not interested, in leasing or buying. Wilson also said the gentleman from Classic Golf Course admitted that the machine had been over-taxed. Wilson said that the arm on the verti drain was sprung before staff removed the machinery from the trailer. He felt that if Riverbend could just pay $200 a day when using the machinery and withstand the repairs, staff can complete the job of aerating the golf course. Lee Anderson said he contacted Classic Golf Course and they will have a mechanic certify that the parts are installed correctly when they come in. Anderson said that he has also been in contact with a national representative, and the son of the man who designed the machinery who will go through other possibilities with staff to try to determine the problem. Anderson added that his intentions at this point are to get the machine back to 100%, to maintain a good working relationship with Classic Golf Course, and to get the job done. Bennett said that he will meet with golf complex staff on Friday to get the situation resolved. He stated that in the best interest of the golf course, he is willing to do whatever needs to be done. Bennett added that Classic Golf Course has no problem with the City returning the machinery, provided that broken parts are replaced and the machinery is returned in the condition in which it was received. Bennett questioned whether the Parks Committee can undo something that the en ire Council has done. It was Brubaker's opinion that authority still lies witn the Parks Committee, as the Council basically took no actions' at its meeting. PARRS COMMITTEE MEETING May 71 1992 Attendance Address De artment Phone No. Name G lC C-/ 74 , 2 . l 3 . C7 6 c---Z-6 4 . 7 5 . ��'" 1'w,2H� —3 Z--7 5 7l 7 . �S L 4-0 8 . 33�0 9 . L "e 10 . ���f}}1E1 �U2�1vA 11. Lv a �Llr,39 J' 12 ._ 13 -���� �X'/U ✓1�L/Zb�Sd �9h�i� �C`e L 14 . 15 . �°�� IJi2i:r3iDW Cc r 16 `7s7� 17 . �� l v `i '7c(.�1� l T 18 . < �tAakl l 19 . ,gC �< I J rl 4�k ,L C . 20. rze 21. 22 . PUBLIC WORKS COMMITTEE MAY 69 1992 PRESENT: Paul Mann Ed White Jon Johnson Mrs. Rust Don Wickstrom Bill Doolittle Tom Brubaker R. Wayne Thomas Ed Chow Water Main Relocation Wickstrom explained that the State will be widening SR 516 between 132nd and 160th Avenue S. E. We have two transmission mains that lie within the project limits. Originally, the State requested we remove our transmission mains out of the area which would have been quite costly. Through negotiations we have reached an agreement for modifications and adjustments at a cost of approximately $556, 000. This also includes adjustment work on our water main in the area of their SR 515 project. There are funds available in the unencumbered water utility fund; thus, there is no general fund impact. Wickstrom added we are pretty much required to relocate under terms of our franchise with the State. The Executive Committee has concurred with the request to transfer the funds from the unencumbered water funds. The Committee unanimously recommended approval for the Mayor to sign the agreement and to transfer the funds from the unencumbered funds of the water utility. Petition for Sewer - Derbyshire area Paul Mann stated this was on the agenda at his request. Wickstrom responded that staff has just received the petition. Normally, after receiving a petition, a cost estimate would be prepared and an informal medting held with the property owners at which they would be advised of the costs. If there is still interest in proceeding with the L. I.D. , we would then go before Council and ask authorization to form the L. I.D. Wickstrom commented the area has needed sewers for quite some time. We recently constructed a sewer L. I.D. in a neighborhood close to this area. Paul Mann stated he has been to the area and feels it is certainly a health hazard. Mr. Thomas stated he had circulated the petition in the area. While he is not a resident, he is speaking for his grandmother who does live in the area. On that particular block, there are three septic systems that are currently in failing situations. Most of the residents of the area are in favor of the project. Residents on 120th Avenue are not as supportive as they are not experiencing any septic system difficulties due to the topography of the area. Public Works Committee May 6, 1992 Page 2 Wickstrom explained the reason he proposed the change to the moratorium was so that we could address these types of situations. Paul Mann asked if there was some way to address it as a health problem. Wickstrom stated that if the Health Department declared it as a health risk, we could form the L. I.D. even if there were 100% protest. The usual L. I.D. process would require a 60% protest to defeat an L.I.D. However, in other situations the Health Department has been very reluctant to take this step. Wickstrom emphasized to Mr. Thomas that it will be important for the supporters of the L. I .D. to attend the Council meetings when the project is discussed. Mr. Thomas commented about the water system in the area. Wickstrom explained that if the L. I.D. goes together, the City would rebuild the water line at the same time and share the cost of the road restoration with the property owners. As to timing on the project, Wickstrom stated he would have an engineer available in a couple of weeks to begin work on the project. Paul Mann asked for an update on the Kent Covenant Church application. Wickstrom explained he will have this same engineer work on both projects simultaneously. He will prepare the estimates and meet with the property owners to determine whether they support the project. Traffic Signal 72nd Avenue and S. 180th Wickstrom explained that in 1988 we formed an L. I.D. to install a traffic signal at 72nd Avenue and S. 180th. However, the placement of the signal would be in the city limits of Tukwila. We have been working with Tukwila since then in developing the necessary interlocal agreement so that we could proceed with the project. We now have the agreement signed by Tukwila in that they will allow us to construct the signal in their right of way and we will turn it over to Tukwila for operation and maintenance. Wickstrom requested authorization for the Mayor to sign the agreement. The Committee unanimously recommended approval for the Mayor to sign. Meeting Chancre Tom Brubaker informed the Committee that since the regularly scheduled time of the Public Works Committee meeting is being changed, the Committee should pass a motion establishing that. The Committee unanimously passed the motion establishing the meeting time for the Public Works Committee to be the first and third Wednesdays of each month at 5 : 30 p.m.