HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/05/1992 ��A� City of Kent
CYut Council Meeting
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b � Agenda �_
�CITY OF
Mayor Dan Kelleher rad
Council Members
Judy Woods, President
Jim Bennett Paul Mann
Christi Houser Leona Orr
Jon Johnson Jim White
May 5, 1992
Office of the City Clerk
..........
CORRFCTED
C- OPY
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
May 5, 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. /UBLIC COMMUNICATIONS
A. Employee of the Month
Proclamation - Police Officer Memorial Day
2 . PUBLIC HEARINGS
None
3 . CONSENT CALENDAR
Minutes
Bills
Authorization to Sole Source Special Assessment System
7CD. 1992 Inspection Agreement
JC 1992 Basic Life Support Services Contract
Green River Levee Improvements LID
Echo Glen Heights
Electric Lightwave - Franchise Ordinance - First Reading
JI. Highline Water District - Franchise Ordinance - First
Reading
4 . OTHER BUSINESS
Golf Advisory Committee Recommendations
Drainage Utility - Resolution and Ordinances
Emergency Manag ment Operations Plan
5 . IDS�r. { ���r,an
�A. West Hill Storm Drainage Improvements
6 . CONTINUED COMMUNICATIONS
7 . REPORTS
EXECUTIVE SESSION - Labor Negotiations
Potential Litigation re: City Facility
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.
Employee of the Month
�f Proclamation - Police Officer Memorial Day
Vy CONSENT CALENDAR
d�3 . City Council Action: �)
'6 moves, Councilmember
Councilmember tO
seconds that Consent Calendar Items A through I be approved.
Discussion
Action ���✓ '
EA 3A. Approval of Minutes.
�u Approval of the minutes of the regular Council meeting of
April 21, 1992 .
t
�B. Approval of Bills.
oti 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
Approval of checks issued for payroll:
Date Check Numbers Amount
Council Agenda
Item No. 3 A B
Kent, Washington
April 21, 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 and White, City Administrator Chow,
City Attorney Lubovich, Public Works Director Wickstrom, Plan-
ning Director Harris, Fire Chief Angelo, Parks Director Wilson,
Police Chief Crawford, Assistant City Administrator Hansen, Human
Resources Director Olson and Finance Director McCarthy. Council-
member Woods was not in attendance and Information Services
Director Spang was excused from the meeting. Approximately 50
people were at the meeting.
PUBLIC Drinking Driver Task Force Poster Design Awards.
COMMUNICATIONS Mayor Kelleher noted that the Kent Drinking Driver
Task Force sponsored a "Keep A Friend Alive"
poster design contest to raise student awareness
of safe driving and saying "no" to drugs. Lynda
Anderson, Coordinator of the Task Force, and
Councilmember Houser then presented certificates
to the design contest winners. Anderson thanked
the Task Force staff, the City staff, the City
Council, Kent School District and citizens for all
their support. She stated that this program is a
great success because of the cooperation they have
received from the different groups .
Drug Free Washington Week. Mayor Kelleher read a
proclamation declaring April 20-25, 1992 as Drug
Free Washington Week in the City of Kent and urged
all citizens to join in the efforts that are
organized throughout the State to combat alcohol
and other drug uses. He noted that the youth make
a positive difference in our community when given
the opportunity to take a stand on this serious
issue.
Volunteer Week. Mayor Kelleher read a proclama-
tion declaring the week of April 26-May 2 , 1992 as
Volunteer Week in the City of Kent and urged all
citizens to acknowledge the contributions of our
valued volunteers. He noted that volunteer
involvement in City programs produces enriched and
more effective services and an informed citizenry.
The proclamation was presented to Volunteer Coor-
dinator Brenda Jacober.
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April 21, 1992
PUBLIC Earthquake Awareness Week. Mayor Kelleher read a
COMMUNICATIONS proclamation declaring the week of April 27-May 1,
1992 as Earthquake Awareness Week in the City of
Kent. He noted that earthquakes are among the
most devastating of natural disasters and that
losses can be greatly reduced if people prepare
for earthquakes and take protective measures
during and immediately following an earthquake.
He urged all citizens to learn more about how to
prepare for this destructive hazard.
CONSENT WHITE MOVED that Consent Calendar Items A through
CALENDAR O, with the exception of Item K which was removed
by Orr, be approved. Orr seconded and the motion
carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. Approval of the minutes of
the regular Council meeting of April 7 , 1992 .
HEALTH & (CONSENT CALENDAR - ITEM 3G)
SANITATION Hemlock Acres No. 19. ACCEPTANCE of the bill of
sale and warranty agreement submitted by Sunset
Properties Enterprises, Inc. for continuous oper-
ation and maintenance of approximately 518 feet of
water main extension, 520 feet of sanitary sewer
extension, 534 feet of street improvements and 450
feet of storm sewer improvements constructed in
the vicinity of 114th Place S.E. and S .E. 240th
and release of the cash bond after expiration of
the one-year maintenance period, as recommended by
the Public Works Committee.
(CONSENT CALENDAR - ITEM 3H)
Burger King. ACCEPTANCE of the bill of sale and
warranty agreement submitted by Mike and Patsy
Carpinito for continuous operation and mainte-
nance of approximately 383 feet of water main
extension, 342 feet of sanitary sewer extension,
582 feet of street improvements and 118 feet of
storm sewer improvements constructed in the
vicinity of So. 224th Street and 84th Avenue So.
and release of the cash bond after expiration of
the maintenance period, as recommended by the
Public Works Committee.
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April 21, 1992
HEALTH & (CONSENT CALENDAR - ITEM 3I)
SANITATION McDowell Northwest Storage Yard. ACCEPTANCE of
the bill of sale and warranty agreement submitted
by McDowell Northwest for continuous operation and
maintenance of approximately 460 feet of water
main extension constructed in the vicinity of 80th
Place South and South 188th Street and release of
the cash bond after expiration of the maintenance
period, as recommended by the Public Works Commit-
tee.
PUBLIC (CONSENT CALENDAR - ITEM 3E)
WORKS 1992 South County Asphalt Overlay Agreement.
AUTHORIZATION for the Mayor to sign an agreement
with King County to include portions of City-owned
streets in the 1992 Asphalt Overlay Program with
the City reimbursing the County the cost of same
and transferring $15, 000 to the Street Maintenance
Fund from the Unencumbered Water Fund to pay for
the costs of that portion of the overlay work
lying within the Clark Springs Water Shed, as rec-
ommended by the Public Works Committee.
(CONSENT CALENDAR - ITEM 3F)
Kent Springs Transmission Main. ADOPTION of
Ordinance No. 3038 authorizing staff to proceed
with condemnation procedures for acquisition of
right-of-way should negotiations fail, as recom-
mended by the Public Works Committee.
(CONSENT CALENDAR - ITEM 3M)
Parks and Public Facilities. ADOPTION of
Resolution No. 1312 . The City Council by Resolu-
tion No. 1049 adopted a policy and procedure for
the naming of City parks and public facilities.
This resolution provides for the naming of facil-
ities for individuals who have contributed land or
money or were otherwise instrumental in the acqui-
sition of park or public facility property. Pur-
suant to the resolution, all matters relating to
the naming of public facilities were referred to
the Parks Committee. The proposed resolution
amends Resolution No. 1049 to also allow parks and
facilities to be named for individuals who have
provided substantial public service to the citi-
zens of Kent and allows for assignment of the com-
mittee most appropriately related to the type of
facility being named to consider the matter.
3
April 21, 1992
PUBLIC (CONSENT CALENDAR - ITEM 3N)
WORKS Green River Basin Program Interlocal Agreement.
AUTHORIZATION for the Mayor to sign agreements
with King County and other valley cities for over-
all management of the Green River and flood con-
trol planning in the Mullen Slough, Auburn Mill
Creek Basin, as recommended by the Public Works
Committee, subject to concurrence by the City
Attorney' s office.
FLEET (CONSENT CALENDAR - ITEM 3C)
MANAGEMENT Fleet Management System. APPROVAL for the Mayor
SYSTEM to execute an agreement with Multiforce Corpora-
tion for an automated Fleet Management System not
to exceed $62 , 500, as recommended by the Opera-
tions Committee. This system will track vehicle
and equipment inventory, maintenance, rental
rates, fuel use, mileage, repair order tracking
and facilities management. The recommended vendor
was unanimously selected by a committee represent-
ing six departments. Project funds are available
for this system.
SURPLUS (CONSENT CALENDAR - ITEM 3J)
VEHICLES & Surplus Vehicles and Equipment. AUTHORIZATION to
EQUIPMENT surplus vehicles and equipment as delineated in
the listing made a part of this record and to
offer same for sale, as recommended by the Public
Works Committee.
POLICE (CONSENT CALENDAR - ITEM 3D)
DEPARTMENT Transfer of Funds - Police Remodel. APPROVAL to
allocate Public Safety Bond Issue interest income
of $175, 000 for furniture for the Police Remodel.
Administration has been approached by the Police
Department in an effort to obtain a funding source
for the police remodel furniture. When the
remodel budget was finalized last fall, $126, 000
in furniture had to be cut from the budget in
order to come within available funds. Current
estimates are that $187 , 000 is needed to provide
the appropriate furniture. Administration is pro-
posing an allocation of Public Safety Bond Issue
interest income of $175 , 000 above the interest
4
April 21, 1992
POLICE income budget of $2 . 2 million. The remaining
DEPARTMENT allocation will come from other police remodel
budget underruns. This allocation will require
that the other public safety bond issue projects
come within budget.
(OTHER BUSINESS - ITEM 4A)
Police Headquarters (Remodel) Dedication. In
accord with Council Resolution 41049 , the Police
Department seeks Council approval in dedicating
the new police building (remodel) to the memory of
Robert E. Lee: Mr. Lee was Police Chief from 1948
to 1966, former City Council member, Rotary award
recipient, founder of Kent Juvenile Court Commit-
tee, Kent School District Hearing Officer, Chamber
of Commerce member (an annual award from the
Chamber is named in his honor) , and member of St.
James Episcopal Church.
Mr. Lee's name is still widely known and highly
regarded in this community for both civic and law
enforcement leadership roles.
A theme of the new Police building's inside dis-
plays and "motif" is recognition of history for
the Kent Police organization. This dedication
compliments that effort.
Captain Sweeney noted that after the research he
has done on Chief Lee, he is very proud to be in-
volved in making this happen. He noted that this
matter received unanimous support from the Parks
Committee and the Public Safety Committee. MANN
MOVED that the Council dedicate the new Police
Headquarters (Remodel) to the memory of Robert E.
Lee. White seconded and the motion carried.
Mayor Kelleher asked that the family of Chief Lee
be notified of this action.
REGIONAL (OTHER BUSINESS - ITEM 4H)
JUSTICE ADDED ITEM
CENTER Regional Justice Center. Paul Hammerschmidt,
814 - 5th Avenue South, expressed concern about
the city' s support of the King County Regional
Justice Center. He said he is not in favor of
moving Kent Commons from its present site to
another site. He also said that the justice
5
April 21, 1992
REGIONAL center will negatively impact the City by the loss
JUSTICE of revenues in the tax base because property
CENTER values will go down.
Hammerschmidt asked the Mayor and Council to do
more to make the residents of the area feel more
comfortable. Cheryl Noble, 316 W. Cloudy Street,
stated that the councilmembers are not represent-
ing the people of Kent on this issue. She said
that she heard the idea of moving Kent Commons is
to provide for the safety of the children who use
it, and that they should also think of the
children who live in the valley, especially the
children in North Park. She added that if Kent
Commons is moved, the children who live in North
Park should also be relocated. She said property
values will go down, and that the residents of
this neighborhood feel they are being driven out.
Another lady from the neighborhood asked whether
the Borden Playfield and the Kent Commons Play-
field may become parking for the regional justice
center. Mayor Kelleher pointed out that no
proposal to do any of these things has been made.
The lady went on to express concern about the cost
of tearing down the manufacturing plant as opposed
to choosing another site. She noted that the
citizens of this area are traditionally low-income
and that over one-fourth of them are senior citi-
zens, and that this is not an appropriate area for
the regional justice center. She said that if it
is built the residents should have the option of
being bought out by the County. She asked that
the City Council take this proposal to the County.
She added that she would lose $30, 000 in equity if
the facility goes in.
White suggested that as part of the mitigation for
the regional justice center, the City consider
selling the Kent Commons and building a new and
larger facility. He noted that the County may
want to use that facility as part of the regional
justice center facility. He noted that Borden
Playfield is not owned by the City, and that
Borden Chemical has refused to sell it to the
City. He said if the City can produce additional
acres of playfields in the valley and if the
6
April 21, 1992
REGIONAL county would do this as part of mitigation for the
JUSTICE regional justice center, it should be looked into.
CENTER He pointed out that the City did not select the
regional justice center site, that the sites were
offered by private enterprise to the County. He
said the City supported the concept in light of
revitalizing downtown and he feels property values
will go up. He also said he feels the City should
set up a process whereby they can hear from citi-
zens and address their concerns. He said that if
the regional justice center is built in Kent, the
City owes it t:o the citizens to mitigate that as
much as possible and get as much as possible for
them. He added that traffic is a big part of the
mitigation and asked that staff keep the Council
informed as to the progress.
Cheryl Noble said that she is not necessarily
against a jail being in Kent, but does not like
the location. She said moving Kent commons would
not be cost effective, and that the present loca-
tion is a good one. White agreed. Hammerschmidt
said they appreciate the concern for the children
using Kent Commons, but that there is also a
responsibility to look out for the welfare and
safety of the people of North Park. Johnson said
that the facility will not impact the safety of
children using the playfields and Kent Commons,
and will in fact help them. He noted that crimin-
als will not be sentenced if there is no place to
house them, and pointed out that mentally ill
people, criminals, child molesters and so forth
are already in this community. He said he is
opposed to moving Kent Commons and that if the
justice center is built, it would provide addi-
tional parking for users of the playfields. He
said that property values near the Monroe Reform-
atory and the penitentiary in Walla Walla have
gone up. Hammerschmidt voiced concern that the
City of Kent will have no control over what goes
on in the regional justice facility. Johnson
noted that the facility will be more than a jail,
that other services will be available there.
Hammerschmidt agreed that there should be a
facility in South King County but not at this
location. White noted that hundreds of people
have supported the idea of bringing the regional
justice center to Kent and he is glad to hear
7
April 21, 1992
REGIONAL another opinion and that these are legitimate con-
JUSTICE cerns.
CENTER
Mayor Kelleher suggested that in the future people
who have concerns such as this put their concerns
into a form that the Council can vote yes or no
on. A lady from the North Park neighborhood asked
that the City notify the residents of meetings on
this issue and said that she would provide a list
of names. She also noted that meetings held in
the afternoon are not convenient for them. She
said that she does not feel the City Council has
given much importance to North Park, and that if
the regional justice center goes in near Kent
Commons the North Park residents should be allowed
to relocate. Cindy Helene of West Hill said she
is also opposed to the site. She noted that she
took part in the forum for the Planning Commis-
sion, which she was well informed on, but that she
was not well informed about the regional justice
center. She suggested adding on to Kent Commons
at the present site.
There were no further comments on this issue. The
Mayor noted that no specific proposal was brought
forward and thanked the citizens for attending.
HUMAN (OTHER BUSINESS - ITEM 4C)
RESOURCES Proposal on Eliminating Frozen Positions. The
Mayor noted that staff is available tonight to
present the proposal for eliminating frozen posi-
tions as requested by the Council at their recent
retreat. Houser noted that the Operations commit-
tee has not made a decision on this matter. White
asked that this item be removed from tonight's
agenda and be referred back to the Operations Com-
mittee. There was no objection and it was so
ordered.
COMMUNITY (OTHER BUSINESS - ITEM 4E)
DEVELOPMENT 1993 Local Community Development Block Grant
BLOCK GRANT (CDBG) Program. This meeting will consider the
adoption of the 1993 CDBG Program as recommended
by the Planning Committee on 4/7/92 . The four
items that need the City Council ' s approval are as
follows: (1) Accept 1993 CDBG Pass-Through Funds,
(2) Allocate $35, 743 to Public (Human) Services,
(3) Allocate seven (7) percent ($15, 793) of 1993
8
April 21, 1992
COMMUNITY Pass-Through Funds to Planning and Administration,
DEVELOPMENT and (4) Allocate $6 ,788 of CDIL program income to
BLOCK GRANT the Consortium-wide Emergency Shelter System.
ORR SO MOVED. Johnson seconded and the motion
carried.
PARKS & (CONSENT CALENDAR - ITEM 3K)
RECREATION REMOVED BY COUNCILMEMBER ORR
Demolition of Kent Memorial Park House and Garage.
AUTHORIZATION to transfer the $6, 833 balance in
Kherson Park account to Parks Maintenance budget
to be used to demolish the Kent Memorial house and
garage. Demolition will allow the site to be
cleaned up and held for future park expansion.
Councilmember Orr noted that at the Planning
Committee this date it was brought to their atten-
tion that the City is looking for housing for a
program for homeless people and asked whether it
might be worthwhile to investigate using this
house rather than demolishing it, since the cost
to renovate it would be $7 , 000-8 , 000. She asked
that the Planning Department staff be allowed to
look at the house and report back to the Council .
She also noted that the funds for this demolition
were to come from leftover Kherson Park funds, and
said it was her understanding that all such funds
were to be recaptured. She questioned why the
funds are still available, and said she would like
the matter looked into before any action is taken.
She MOVED that the Council delay action on this
item. Johnson seconded. Houser pointed out that
the $7 , 000-8 , 000 figure is to demolish the
building, and that renovating it would cost much
more. The Mayor stated that the Parks Committee
will take up this issue. Bennett noted that
Connie Epperly had asked him whether the house
could be used as a community service center.
Orr' s motion then carried.
9
April 21, 1992
PARKS & (CONSENT CALENDAR - ITEM 3L)
RECREATION Scenic Hill Park - IAC Grant Contract. AUTHORIZA-
TION for the Mayor to execute a contract with the
Interagency Committee for Outdoor Recreation to
receive a $225, 746 grant for Scenic Hill Park
development. The local matching share provided by
the Kent School District and the City CIP are
already budgeted.
(OTHER BUSINESS - ITEM 4D)
Youth at Risk Coordinator Position. The Mayor
noted that staff is available to answer questions
about this issue. He noted that in last year' s
budget, many positions were frozen and that the
target in order to meet the goal is to keep an
average of 28 .5 positions vacated throughout the
year. He noted that there are 10. 5 positions new
in the 1991 budget and currently vacant, and 15
positions vacated in 1991, for a savings of
$1, 138, 178 . He added that the budgeted vacancy
savings is $1, 122, 562, showing that the City is
ahead of projections. He noted that -4 . 25 posi-
tions have been vacated in 1992 , for a total of
29.75 positions. He noted that the Youth-At-Risk
position is one of these positions that has not
been filled because of the hiring freeze and that
the Council is concerned about all of the posi-
tions. He stressed that no particular program is
being singled out.
Finance Director McCarthy confirmed for White that
several more positions will soon be vacant, total-
ling 35. 75 positions. He stated that he will have
a better idea of the City ' s financial situation at
the workshop on May 5 . He said that even though
the City is ahead at the present time, because of
uncertainities such as utilities taxes, the hiring
freeze should be maintained. He explained for
White that the figure of $602 , 274 for excess
vacancy savings is what the savings would be if
the positions were vacant for the entire year, and
that actual savings would be less since some of
the positions are still filled. He added that
this assumes that all positions will not be
filled, but that that decision has not been made
yet. He explained that the figure for current
positions vacated in 1992 is also based on them
being vacant the full year. White noted that
10
April 21, 1992
PARKS & these annualized figures do not provide enough
RECREATION information for Council to make a decision today.
WHITE MOVED to table this matter until accurate
financial projections are available. Johnson
seconded. The motion failed with only White and
Johnson in favor.
HOUSER MOVED that the Youth-at-Risk Coordinator
Position be left at 3/4 time and that the remain-
ing 1/4 be frozen. Bennett seconded. Johnson
pointed out that the Council does not know what
the budget figures will be and that one of the
main issues over the Youth-at-Risk position is
whether or not there are funds to cover it. He
said it appears that there are funds available in
the budget, and noted that fees have been
increased to help offset the costs and that funds
are available from other vacated positions. The
Mayor noted that if it is determined at the May
5th workshop that there are extra revenues and no
gloomy projections, then the Council will be asked
what their highest priorities are for refilling
some of the positions. Houser stated that when
funds are available, top priorities for filling
positions can be determined. Mann noted that it
is a question of principal rather than funds. He
pointed out that 15 police and fire positions have
been frozen and said that if the Council voted to-
night to fund the 1/4 position he would move to
fill 3 police and 3 fire positions even though
that is contrary to policy.
The Mayor clarified that the motion on the floor
is to fund the Youth-at-Risk Coordinator position
at full time, but to keep 1/4 of it frozen. Upon
Bennett ' s question, Human Resources Director Olson
outlined the history of the position and clarified
that on or about June 7 , 1991, the employee read
and signed a memo acknowledging acceptance to a
part-time position for the year 1991, which had
been approved at a 75% level. He noted that he
had informed Parks Director Wilson and Finance
Director McCarthy on 1/13/92 that the Youth-at-
Risk Coordinator position was 3/4 time rather than
full time, and that on 1/31/92 he received a memo
from the incumbent employee regarding working more
than 3/4 time, at which time he authorized payment
11
April 21, 1992
PARKS & for the extra hours. Upon White ' s question re-
RECREATION garding whether fees have been raised to be used
for this position, it was explained that those
fees are for the summer camp and registrations are
being taken now. McCarthy clarified that the
Youth-at-Risk Coordinator is in charge of the
summer day camp. Wilson noted for Orr that
approximately 185 people participate in the camp
and that it lasts eight weeks. McCarthy noted
that the summer camp program generated $6, 300 in
1989 and $15, 992 in 1990 . White pointed out that
the increase in fees would compensate for a full-
time coordinator. McCarthy said the program would
not cover its costs if the coordinator was full-
time. White pointed out that the coordinator
position covers more than summer day camp and that
half of the $20, 000 profit could be used to fund
the position. He added that if problems with
youth can be addressed early, police may not have
to intervene. Mayor Kelleher noted that depart-
ment heads have been directed to generate revenue
and cut costs and it should be done without spend-
ing more, so that the total budget will go up. He
said the Council and Administration could then
fund whatever positions they feel are necessary.
He added that based on current projections, the
City could be between $150, 000 and $600, 000 ahead
unless negative numbers are revealed at the May
5th workshop based upon actual revenue received.
He said that to focus on the revenue that is pro-
duced from one program misses the point. McCarthy
said that just because a fee goes up in a particu-
lar area does not automatically mean that those
funds are allocated to that particular program.
White noted that as part of the budget process
Council authorized the funding of this position at
full time, based upon the ability of the program
to increase revenues. He said it is bad faith not
to act on this, since it has been shown that the
revenues are there. He said that this issue has
become a power struggle between Administration and
the Parks Department and the losers are the youth
at risk. Bennett said he is an avid supporter of
youth in the community, but that the City should
be doing more with less . White noted that the
majority of the Council voted to extend this pro-
gram to full time based upon the fact that
12
April 21, 1992
PARKS & additional revenues were generated and some coun-
RECREATION cilmembers are now going back on it. The Mayor
disagreed, saying that several councilmembers said
they recognize that this position, although funded
at full time, is subject to being frozen. He
listed several other programs which have been
frozen and said it is wrong to suggest that any
one is being singled out, noting that all depart-
ments have been hit hard. Orr stated that when
voting on the budget, it was her understanding at
the time that it would be frozen, but that voting
in support of -it would send a message to Adminis-
tration that it is high priority. Johnson pointed
out that the motion was to fund this at a full
time level . Orr responded that the budget which
was voted on contained frozen positions. Johnson
said the Council sets priorities and noted that he
offered an alternative to the Mayor' s budget with
different priorities. Houser noted that a letter
dated 6/6/91 stated that the City of Kent extended
the position to full time status on a temporary
basis for the budget year 1991 ending on December
31, 1991, and that the letter states that if
employment continues beyond January 1, 1992 the
temporary regular full-time position will convert
to a regular part-time position. She said this
was signed by the employee who worked and was
compensated for two extra weeks at full time. She
said that if there is money, this will be one of
the first things funded, but that it should first
be determined whether funds are available. She
added that other positions need to be evaluated
also. She also said that Council should not have
to deal with individual positions, that they
should set policy and direct what they want.
Bennett stated that perhaps the Council was not
aware of the agreement, and that he can't believe
that the agreement wasn't changed regardless of
the vote. Johnson explained that Council was
aware of the agreement, but they changed that by
voting 5-2 in the budget process to make the
position full time, not a 3/4 position as called
for in the contract. He agreed that the financial
picture will become more clear on May 5th, which
is why he voted to table. Mann said he does not
agree that the Council voted with the idea that
each department could fund its own needs and that
if that were true he would propose using the
13
April 21, 1992
PARKS & $300, 000 generated by double bunking to fund
RECREATION police and fire positions. White said it was
never his intent that each department create funds
to fund itself. He said that acting pay is being
paid to others who are filling frozen positions,
so there are no savings. He asked that when a
vote is taken, it be a roll call vote so it is
known who is in support and who is in opposition.
Dave Street, Director of Federal Way Boys and
Girls Clubs, noted that the new numbers show that
$23 , 000 has been absorbed for just this position,
and that the Parks Committee and parents agreed
that fees be raised $10 to specifically pay for
the position. He spoke in opposition to waiting
until May 5th to take action, and said that if the
Council does not vote on this tonight they should
refund the money to the parents who paid for it.
Houser asked whether the Parks Committee told
people rates could be raised to pay for the pro-
gram, and Johnson explained that the vote was 3-0
to authorize the increase in funds with the under-
standing that the position could be funded full
time in 1992 . Mann stated that the Parks Commit-
tee should have made this clear to the Council at
the onset of this discussion.
Johnson explained that since Council President
Woods held this matter off the Council agenda, he
incorporated it as part of the budget process
because by waiting until the next Council meeting,
it would not be included in the 1992 budget. Mann
said if we take this principle of the committees
making administrative decisions to the public,
then each committee would have the power to do the
same. Mayor Kelleher clarified that committees do
not have that freedom. Orr said that one of the
things she asked two weeks ago was whether fees
would be overcollected and what would happen to
them. She asked that a plan to refund the money
be put in motion if they were collecting more than
it was costing.
Gay Grieves, Principal of Sunnycrest Elementary,
noted that Sunnycrest had the advantage of both
the summer day camp and the before-and-after
school day care program, and spoke of the positive
impact of those programs. Bill Doolittle, 412 N.
14
April 21, 1992
PARKS & Washington, noted for Mann that he had explained
RECREATION at the last Council meeting that when an item
passes committee unanimously, it goes on the
consent calendar and is passed, and that since it
was a routine item, Parks should not be criticized
for raising the fees. He noted that at the
Operations Committee meeting of April 20th he
found that three of the vacancies in the Police
Department exist only because the officers are now
financed from a different fund. He said he had
attended a golf meeting, regarding a $16, 000
budget to review what is wrong with the golf
course, and he feels that the results of that
audit were swept under the board and the committee
did what they wanted to do, one of which was to
authorize $9, 200 to have a committee come in for
one day and study the conditions of the grass.
Doolittle noted that the City' s annual gross
budget is $78 , 735, 413 and they have spent months
debating the merits of this position, and that no
one can say it is not justified. He said this is
a political struggle. He said that of the eight
elected officials in this City, seven advise and
one administers, and that when one person can
totally slough off a stated desire of the majority
of the other seven, something is wrong. He said
people went along with the increased fees in order
to keep this position full time because they know
the program is worthwhile, therefore, the City
should do it. The Mayor explained that it is true
that individuals move from positions which are
funded in the general fund into positions which
are funded in other enterprise funds with money
available. He added that this creates a vacancy
in the general fund which brings the City closer
to the goal of having a certain number of
positions vacant. He added that this does not
change the fact that there are positions which are
funded and approved by the Council, but which
there is not enough money to pay for.
Bennett noted that in regard to the comment about
$16, 000 for a golf consultant, he felt there was
enough talent in Kent to do that, but it was
decided by a committee to hire a consultant. He
said that every section was analyzed page by page
and they did what was best for the citizens of
Kent. He said that the cost, for someone to review
15
April 21, 1992
PARKS & the golf course maintenance procedures was $1200
RECREATION not $9200, and that that was done because the
golfing community and the public sector have ques-
tions about the maintenance of the golf course.
Catherine Nelson, Director of Health and Student
Services, Kent School District, said that the suc-
cess of the programs is directly coordinated with
the Youth-at-Risk Coordinator. She endorsed the
position as a high priority, having seen what it
can do for children.
HOUSER offered an amendment to her original
motion, making this position the first thing to be
unfrozen when the funds are available. Bennett
agreed to the amendment. McCarthy suggested that
other parks department staff could be used to fill
the 1/4 position until a budgetary solution is
made. Upon Johnson's question, Mayor Kelleher
said that although he wants to work with Council
to implement their priorities, he still has to
reserve the right to make an assessment of the
financial situation of the City before filling
positions. He noted further for Johnson that
there appears to be an excellent chance to fill
this position. Mann said that Administration
should be applauded because of the fact that there
have been no layoffs. White asked for a figure at
which the Mayor would fund this position, and the
Mayor responded that if the figures given on May
5th show excess funds in the range of $100, 000,
Administration will ask the Council which posi-
tions they would like to have funded, and that if
this is the one, it would be funded immediately.
White asked that more accurate figures be provided
in the future so that decisions can be made based
upon actual figures. Mayor Kelleher explained
that in this case quarterly figures are just now
being collected and that if the numbers are bad,
the goal for saving may have to be changed. Dave
Street stated that this position has nothing to do
with taxes or the projection on May 5th, because
the people agreed to raise funds to cover the
position. He stated that the program has not suf-
fered because the incumbent has worked the extra
hours anyway.
16
April 21, 1992
PARKS & Houser' s motion that the Youth-at-Risk Coordinator
RECREATION position be left at 3/4 time with the remaining
1/4 frozen and that this position be the first to
be unfrozen when funds are available then carried
with only White opposed.
(OTHER BUSINESS - ITEM 4G)
ADDED ITEM BY COUNCILMEMBER BENNETT
Vertidrain Equipment. Councilmember Bennett noted
that it was brought to his attention that the
fairways at the golf course need to be aerated,
and that golf course staff had asked him to help
in the purchase of the necessary equipment. He
explained that he asked for five options, includ-
ing to rent, lease/purchase, purchase outright,
buy, or get a special services contract. He noted
that on the deadline staff had come up with only
one option, which was the lease/purchase option
which was the most expensive of the five options.
He said that subsequently the Golf Advisory Board
and golf course staff decided to rent the equip-
ment from the Classic Golf Course in Spanaway. HE
THEN MOVED to rent the Vertidrain equipment from
the Classic Golf Course for $200 a day as directed
by the Golf Advisory Committee on a 5-0 vote. He
noted that a rental agreement has been drawn up by
the legal staff. Johnson seconded for discussion.
Parks Director Wilson said that the Golf Advisory
Committee made the decision to lease so that the
issue would not have to go to Council . He said
that Classic' s Vertidrain is not a new piece of
equipment, and that Superior Equipment of Auburn
offered to lease the City the same piece of equip-
ment for $200 a day. He said that Superior' s
equipment is new and is covered under warranty.
He added that Superior will apply 75% of the
rental fee toward purchase. He pointed out that
the City will use approximately $5000 worth in the
spring and in the fall, and said he feels the City
should rent the equipment from Superior Equipment.
Bennett responded that the warranty is not an
issue, since there are conditions in the rental
contract which would apply. He noted that
Classic' s equipment is not used, that it was
recently purchased and has only been used on their
golf course. Robyn Bartelt, Superintendent of
Riverbend Golf Course, noted that Superior
17
April 21, 1992
PARKS & Equipment could provide the equipment immediately
RECREATION and that the City would be responsible for all
repairs on the equipment from Classic Golf Course.
She said that since the City will spend $10, 000 a
year renting this equipment, it would be in their
best interest to be able to apply 750 of that
$10, 000 toward purchase, which is what Superior
has offered. Bennett replied that there are other
options which could be used the second time each
year. He noted that Superior Equipment had an
opportunity originally to supply the equipment.
Houser pointed out that Classic offered to train
employees on the use of the equipment, and Bartelt
noted that Superior Equipment would also do so.
Wilson stated that since this item is a budgeted
item coming out of the Parks Department or Golf
Course budget, it should not have to come to Coun-
cil. He opined that Bennett has gone beyond the
role of a councilmember. He said that the golf
course should not be operated by committee, that
the golf course should have the authority to make
decisions and take action. Houser pointed out
that the golf course had the option to make such a
deal, but after several months of waiting, Bennett
took action because of his concern for the golf
course. Wilson noted that this piece of equipment
was in the budget for 1991. When asked by the
Mayor why the information requested by the commit-
tee was not produced, Wilson said that his staff
was asked and he does not feel they should respond
to a private councilperson. Bennett explained
that staff had asked him for support in acquiring
this piece of equipment as a member of the Parks
Committee and the Golf Advisory Committee. He
pointed out that the Parks Committee meeting
scheduled for this date had been cancelled at
Wilson' s request; Wilson reiterated that it is not
necessary for this item to come to Council since
it will come out of the maintenance budget of the
golf course. Bill Doolittle noted that a
presentation on this issue had been made at a
Parks Committee meeting a month ago, and that no
funds were available. He noted that Bennett found
an alternative to purchasing the equipment, but
that a better alternative has now come up. He
said the bottom line is getting the best result
for the City for the least expense, and said the
18
April 21, 1992
PARKS & City should do what is right. Bennett responded
RECREATION that the City is doing other business with
Superior Equipment and that although the City may
not pay for the warranty in the $200 a day rental
fee, they will pay for it in other ways. White
voiced concern as to whether this issue should
come before Council , noting that it is under the
$15, 000 limit, and that it should probably be
handled administratively.
There were no further comments and Bennett' s
motion carried.-
Mayor Kelleher noted that Council holds himself
and the City Administrator accountable for getting
the response they need from staff. He said that
Council may choose whether or not to involve it-
self in a matter such as this. He also stated
that he expects requests for alternatives from a
councilmember to be honored, and that staff work
within reason to attempt to provide adequate al-
ternatives for the Council to consider.
BOARD OF (CONSENT CALENDAR - ITEM 30)
ADJUSTMENT Board of Adjustment Reappointment. CONFIRMATION
of the Mayor' s reappointment of Berne Biteman to
continue as a member of the Kent Board of Adjust-
ment. His term will begin immediately and con-
tinue through 2/28/97 .
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. Approval of payment of the
bills received through April 15, 1992 after audit-
ing by the Operations Committee at its meeting at
5: 30 p.m. on April 20, 1992 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
4/1-4/15/92 0117017-0117516 $2 , 688 , 129 . 12
Approval of checks issued for payroll:
Date Check Numbers Amount
4/20/92 01171066-01171762 $ 662 , 125. 47
19
April 21, 1992
FINANCE (OTHER BUSINESS - ITEM 4B)
Councilmanic Debt Refinancing. The Council is
being requested to adopt a bond ordinance and give
authorization to the Mayor to sign a purchase con-
tract with Lehman Brothers for approximately $10. 5
million for refinancing the callable portion
($9 . 555 million) of the 1985, 1986 and 1987 Coun-
cilmanic Bonds. The issuance rate will be approx-
imately 6. 1 percent and will save the City approx-
imately $397 , 000 in present value debt service
savings. The major portion of the debt service
savings will be used to retire the Lake Fenwick
Woods contract of $225, 000 at 9 . 0 percent with the
remainder allowing for the early payment of the
City' s share of LID' s outstanding at 7 . 45 percent.
Finance Director McCarthy noted that interest
rates have fallen over the last year and the City
feels now is a good time to refinance some of
their debt. He noted that the bonds were marketed
yesterday and the final numbers are as distributed
tonight rather than the figures in the packet. He
noted that the final amount of the bonds is
$10,575, 000 which would retire the $9 , 555, 000 men-
tioned earlier. He added that the cost of
issuance is $47 , 595, and the cost per $1000 bond
is $9 . 85, as opposed to $14 . 05 for the previous
bonds in 1990. McCarthy noted that the rating
agencies confirmed the City's rating at A+ and
A-1. He explained that Standard & Poor ' s put a
watch on the finances because revenue growth has
slowed while expenditures have increased, but that
they noted positive things such as the hiring
freeze, the conservative budgeting philosophy,
modest plans for debt, the street utility and the
fact that the City has dedicated revenue in the
CIP fund to retire debt. He asked the Council to
authorize the Mayor to sign the purchase contract
with Lehman Brothers.
HOUSER MOVED for the adoption of Ordinance No.
3039 and authorization for the Mayor to sign the
purchase contract with Lehman Brothers . Bennett
seconded and the motion carried.
20
April 21, 1992
KOREAN WAR (OTHER BUSINESS - ITEM 4F)
MEMORIAL ADDED BY COUNCILMEMBER MANN
Korean Veterans Memorial. Jean Belcher of TRADEC,
Inc. , noted that they represent the Washington
State Korean Veterans Memorial Committee in their
fundraising efforts. She introduced Al Rasmussen
of the Chosen Few, who is a Korean War veteran
from Washington State. Mr. Rasmussen, Past Presi-
dent of the Northwest Chapter of the Chosen Few,
explained that the Korean War Veterans Memorial
was initiated in 1989 with $25, 000 in seed funding
from the Washington State Legislature to be used
for design, construction and location of the
memorial. He displayed a model of the memorial,
noting that it was designed by Deborah Copenhaven.
He noted that they would like to have the memorial
built by July, 1993 and dedicated on July 23 ,
1993 , which is the 40th anniversary of the end of
the formal hostilities in Korea. He noted that
all funds raised go directly to the memorial, and
that Paul Barden raised $20, 000 from the King
County Council . He pointed out that a memorial
for Vietnam Veterans has been built and that
Vietnam veterans have been helpful with the Korean
Veterans Memorial. He noted that the City of Kent
donated to the Vietnam Memorial and asked for a
similar contribution to this memorial . Ms.
Belcher requested 1 1/2% of the total funding
need, which is $1250 . She noted that the veterans
have raised $160, 000 to date and that they have
just received a $50, 000 match appropriation from
the State once $200, 000 has been reached. She
invited the Councilmembers to a reception on April
30 at the Executive Mansion in Olympia, and noted
that that would be a good opportunity to announce
the City' s contribution publicly. City Adminis-
trator Chow stated that the Vietnam Veterans of
America, Washington State, are in support of the
Korean War Veterans and their memorial . MANN
MOVED that the City grant $1500 toward the estab-
lishment of the Washington State Korean War
Veterans Memorial , to be given after it has been
ascertained that the funds are available. Johnson
seconded. Upon White' s question, the Mayor deter-
mined that the funding would be based upon the
General Fund revenue projections to be presented
21
April 21, 1992
KOREAN WAR at the May 5th meeting. Mann stated that if
MEMORIAL necessary, funds from the Council budget should be
made available. The motion then carried. Mayor
Kelleher stated that the City will try to have
someone in attendance at the reception on April
30th. Belcher thanked the Council on behalf of
all of the veterans of Washington State.
ADJOURNMENT The meeting adjourned at 10: 30 p.m.
Brenda Jacobe , CMC
City Clerk
22
r
� ' �� ✓ Kent City Council Meeting
y ,p Date May 5, 1992
Category Consent Calendar
1. SUBJECT: SOLE SOURCE SPECIAL ASSESSMENT SYSTEM
2 . SUMMARY STATEMENT: Authorization 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
recommends 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
Assessment System will be the last remaining system running on
the old Sperry Computer with the implementation 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.
3 . EXHIBITS: Memo from Customer Services Manager
4 . RECOMMENDED BY: Operations Committee (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: $22 , 000
SOURCE OF FUNDS: Information Services Budget
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Age da
Item No.
MEMO
DATE: April 30, 1992
TO: Mayor Kelleher and City Council
FROM: Charlie Lindsey, Customer Services Mae
SUBJECT: S ecial Assessment System Selection/Y
The attached memo briefly outlines the process we went through to
arrive at the recommendation to sole source this product. As you can
see it makeSgood economic sense since the savings from the maintenance
on the Sperry Computer for a year will more than offset cost of this
system. We have discussed this with the City' s Law Department and
they concur with our recommendation.
MEMO
DATE: April 6, 1992
TO: Executive Co it "ee
FROM: Charlie Lindsey
SUBJECT: Special Assessment System Selection
BACKGROUND: The City of Kent manages Special Assessment Accounts
Receivables amounting to $13 , 857 ,722 for 651 parcels as of December
31, 1991. The system for monitoring and billing Special Assessments
is semi-automated, is approximately 15 years old, and is the last
remaining system running on the City' s outdated Sperry Computer, for
which the City spends approximately $26, 000 per year to maintain.
Replacement of this system was identified in the city's council-
approved automation plan.
ALTERNATIVES EVALUATED: A committee was formed last fall to explore
alternative solutions. Five representatives from Finance and
Information Services gave consideration to: rewriting our current
system; modification of commercial products available from Infocomp
(now Protos) and Washington Community College Computing Consortium;
packaged solutions from Idaho Computer Services and Eden Systems; and
the acquisition and modification of. public domain systems from the
cities of Spokane, Washington and Tempe, Arizona. All of the above
options but one were functionally or technically unsuitable, required
extensive modification, used obsolete computer programming language
and/or had uncertain support programs. Only one system, proposed by
Idaho Computer Services, met most city needs as proposed and could be
modified at a reasonable cost to address remaining city requirements.
RECOMMENDATION: The Special Assessments Committee unanimously
recommends selection of Idaho Computer Services as a sole source for
this solution. This system is the closest fit for our needs and is
from a vendor who has done an excellent job on the city's new Utility
Billing System. The projected cost of $22 , 000 including tax is avail-
able from previously approved automation plan funds. The proposed
expenditure would eliminate $26, 000/year in Sperry operating costs and
require a modest . 16% of gross Special Assessment Receivables to do a
functionally superior job in administering this program. The City' s
Law Department concurs with the recommendation for a sole source
acquisition for this application.
copies: Roger Lubovich, Law Department
Special Assessments Committee Members: Ron Spang, May Miller
Dick Coolidge, and Patty Roseto
4,liJ�y�/y/
1
v Kent City Council Meeting
Date May 5. 1992
Category Consent Calendar
1. SUBJECT: 1992 INSPECTION AGREEMENT
2 . SUMMARY STATEMENT: 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
percentage of the hazardous materials/public assembly
inspection permit fees. The contract remains unchanged from
previous years. It is recommended that the Mayor be authorized
to sign the interlocal agreement between King County and the
City of Kent.
3 . EXHIBITS: Interlocal agreement between King County and the
City of Kent
4 . RECOMMENDED BY: Norm Angelo Fire Chief and the Public Safety
Committee (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: $ None
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3D x
INTERLOCAL AGREEMENT
BETWEEN
KING COUNTY
AND
THE CITY OF Kwr
WHEREAS, RCW 19.27.030 provides that on and after January 1,
1975, there shall be in effect in all cities, towns, and counties
of the state a state building code; and
WHEREAS, RCW 19.27.030(3) provides that a portion of the
aforementioned code shall consist of the Uniform Fire Code and
the Uniform Fire Code Standards, 1985 edition, published by the
International Conference of Building officials and the Western
Fire Chiefs Association; and
WHEREAS, RCW 19.27.040 authorizes counties to amend any
component of the state building code as it applies within its
jurisdiction in all such respects as shall be not less than the
minimum performance standards and objectives enumerated in RCW
19.27.020; and
WHEREAS, KCC 17.04.020 provides that the terms "fire chief"
and "fire department" as used in the Uniform Fire Code shall mean
fire marshal and fire marshal's office of King County,
respectively; and
WHEREAS, Section 2. 103(a) of the King County Modifications
to the 1985 Uniform Fire Code, as adopted by K.C. ordinance 8184
provides the King County Fire Marshal's office shall have respon-
sibility for inspections and the enforcement of the fire preven-
tion provisions of the code; and further provides that the Chief
of a fire department or fire district, acting under the
supervision of the Board of Fire Commissioners in that district,
and in coordination with the Fire Marshal's office may perform
duties specified in the Uniform Fire Code within the geographical
ixnnulari.�_s of the fire protection district, P.o the full extent
rluire,i I:v t_he fire Marshal's office; and
1
WHEREAS, the City OfKjgU currently provides fire
protection, inspections and verifies code compliance on behalf of
King County within the boundaries of I:ing County Fire District
Ilo. 37 ; and
WHEREAS, King County and the City of _—XC�IC— desire to
provide by Agreement for effective inspection pursuant to the
Uniform Fire Code within the jurisdictional boundaries of King
County Fire Protection District No. 37 and effective
administration and inspection of the llazardous Materials
Inspection/Permit Program, NOW, 'I'll ERE FOR I',
IT IS AGREED AS FOLLOWS:
1. OBLIGATIONS:
1.1 In consideration of the promises of the CITY of KMV
King County agrees to continue to be responsible for the
enforcement of the Uniform Fire Code in District No. 37 as
provided for by King County Title 23, to be responsible for the
issuance of all required permits or certificates, to collect all
required permit fees, .to transmit and disburse to the City of
Kam• monetary sums as defined below in Paragraph 9; and to
pay for additional insurance premium charges to the City of
KENT that are incurred as a result of the City's
participation in the activities described in this contract, as
provided herein.
1.2 In consideration of the promises of the County
herein before set forth, the City of KlNI' agrees to
perform inspections in accordance with the terms and provisions
of the Uniform Fire Code of King County, and the guidelines
established by the King County Fire Marshal. Tile City of
KEN' agrees to inspect occupancies, as defined in
Table 5A of the Uniform Building Code, other than single family-
dwellings and those occupancies classified as "I1," on an annual
basis. The City of KENT t'urtlier agrees to make one
rcinspecticn ':hen required. Additional reinspections or other
�.o,le ^mu I.
responsibility of the King County Fire Marshal's Office.
1.3 The City of K NP further agrees to
inspect occupancies within King County Fire Protection District
No. 37 jurisdiction for conditions requiring permits or
certificates under the Uniform Fire Code. Such inspections shall
take place as part of the routine annual maintenance inspection.
When a condition requiring permit or certificate is identified
the City shall provide the occupant with a permit application,
verify code provisions for the permitted use or material are
being met, initiate corrective action when needed, and notify the
Fire Marshal's Office of any expired or missing permits or
certificates.
1.4 If for any reason, the City of KENP
cannot meet the objective set forth in Section 1.3, above, the
city will seek additional assistance from the King County Fire
Marshal's Office. The promise of the city to inspect occupancies
is not intended for the benefit of any third party but solely to
provide assistance to the King County Fire Marshal's Office.
2. TIME OF PERFORMANCE:
This Agreement shall be effective on the 1st day of
January , 19_q2, and terminate on the 31st day of
December, 1992.
3. AUDITS AND INSPECTION:
All records and documents with respect to this
Agreement shall be subject to mutual inspection and review by
both parties during the performance of this Agreement and seven
(7) years after termination.
4. NONDISCRIMINATION:
No contractors, subcontractors, or union doing business
with the County or the City of KENP , or furnishing
workers or services in connection therewith, shall discriminate
against any person on the basis of race, color, creed, sex, age,
nationality, marital status or the presence of any sensory,
3
mental or physical handicap (provided that such handicap does not
hinder the performance of the job) , in employment, and no such
contractor, subcontractor, or union shall violate any of the
terms of chapter 49.60 of the Revised Code of Washington, Title
VII of the Civil Rights Act of 1964, or any other applicable
federal, state or local law or regulation regarding
nondiscrimination in employment.
5. MODIFICATION: -
This Agreement is the complete expression of terms
agreed upon and any oral representation or understandings not
incorporated herein are excluded. Further, any modification of
this Agreement shall be in writing, signed by both parties, and
made a part of this Agreement.
6. TERMINATION:
This Agreement shall be terminated only upon thirty
(30) days written notice received by one signatory, given by the
other. Failure to comply with any of the provisions stated
herein shall constitute material breach of contract and be cause
for immediate termination. Any termination of this Agreement
shall not terminate those obligations of either party matured
prior to such termination.
7. EMPLOYEE COMPENSATION AND CONTROL:
7.1 King County shall be responsible for the payment
of all salaries, wages, other benefits and compensation to all
z
County employees performing services under this Agreement.
Further, King county shall be solely responsible for control of
personnel, standards of performance, discipline and all other
aspects of performance of all County employees performing
services under this Agreement.
7.2 The City of KEN'r shall be responsible
for the payment of all salaries, wages, other benefits and
compensation to all City employees performing services under this
4
Agreement. Further, the City of KENP _ shall be solely
responsible for control of personnel, standards of performance,
discipline and all other aspects of performance of all City of
KEW employees performing services under this
Agreement.
B. LIABILITY:
8.1 The City of xcarr agrees to assume
responsibility for all liabilities that occur or arise in any way
out of the performance of this contact by its employees only and
to save and hold King County and County employees and officials
harmless from all costs, expenses, losses, and damages, including
the cost of defense, incurred as a result of any acts or
omissions of City employees relating to the performance of this
Contract. The City of KFm also agrees to carry at
all times during the effective period of this contract liability
insurance coverage in the amount of $2,000,000.00 covering the
County for all activities of the City of KUM —
employees related to the performance of this contract.
8.2 King County agrees to assume responsibility for
all liabilities that occur or arise in any way out of the
performance of this contract by its employees only and shall save
and hold the City of [CENT and City employees and
officials and the District and the District employees and
officials harmless from all costs, expenses, losses and damages,
including the cost of defense, incurred as a result of any acts
or omissions of King County employees relating to the performance
of this contract.
9. PAYMENT:
9.1 King County agrees to pay the City of RFKI'
an amount equal to the amount required to pay for any additional
insurance premium attributable to tine City's performance of
obligations under this contract, not to exceed $ 1150_00
during the terms of this Agreement. The payment shall coincide
5
with the City of KENT normal insurance billing date
(July 1) .
9.2 King County further agrees to pay the City of
r a sum for all permits issued to occupants within
King County Fire District No. 37 jurisdictional boundaries as
calculated under the following formula:
X = .5 (Y _ .75)
X = Fire district share of revenue
Y = Fee charged permit applicant
This formula is meant to represent fifty percent (50%) of all
permit fee revenues, together with fifty percent (50%) of the
portion of the Hazardous Materials/Public Assembly Inspection
Program funds being paid from the King County general fund for
the individual permits issued.
9.3 In the event of early termination of the contract
the City of KENT shall pay to King County an amount
equal to any funds returned to the City by the insurance company
as a result of such termination of contract.
10. ORDINANCES:
King County agrees that it shall notify the City
of KENT prior to the adoption of any ordinance that
affects or requires inspections to be made under .the Uniform Fire
Code or in any way affects the duties of the City of
K= under the terms of this contract.
11. FORMS:
In the event the County shall specify or require
any forms or written report which are required to be used under
the terms of this Agreement, the County agrees to provide such
forms to the City of KENT at the expense of the
County.
6
12. RECORDS:
A1.1 records compiled by the City of KENP
under the provisions of this Agreement shall constitute records
of the City of _ KENP but shall be available for
inspection by appropriate County officials.
IN WITNESS WHEREOF the parties hereto have caused
this Agreement to be executed.
COUNTY COUNCIL CITY OF
Signature Signature (Mayor)
Name Name
i
County Executive ommissloner
April 8, 1992
Dated Dated
Approved as to form
n i sioner
April_a,-4-992
Deputy Prosecuting Attorney D
Commi Toner --
April 8, 1992
fdagree.sp Dated
1/26/88
7
n` Kent City Council Meeting
Date May 5. 1992
Category Consent Calendar
1. SUBJECT: 1992 BASIC LIFE SUPPORT SERVICE CONTRACT
2 . SUMMARY STATEMENT: 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 signature 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.
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. '
3 . EXHIBITS: Contract
4 . RECOMMENDED BY: Norm Angelo, Fire Chief; Public Safety
Committee (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: $ None
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3E x
DEPARTMENT/DIVISION Seattle-King County Department of Public
Health Emergency Medical Services Division
AGENCY Kent Fire Department
PROJECT TITLE Basic Life Support Services
CONTRACT AMOUNT $543 , 501 FUND CODE 0119
CONTRACT PERIOD January 1, 1992 TO December 31, 1997
EMERGENCY MEDICAL SERVICES CONTRACT - 1992/97
THIS CONTRACT is entered into by KING COUNTY (the "County" ) , and Kent
Fire Department, postal address 24611 116th Avenue S.E. Kent,
Washington 98031 , (the "Agency" ) .
WHEREAS, the provision of emergency medical services on a county-wide
basis is a public purpose of King County; and
WHEREAS, assuring a county-wide emergency medical services program is
shared by cities and fire protection districts in King County which
participate in emergency medical service programs; and
WHEREAS, King County has established a system of emergency medical
services organized to assure the provision of out-of-hospital
emergency medical care; and
WHEREAS, The King County Emergency Medical Services Division is
authorized by Chapter 2 .26 of the King County Code to set standards
for the training and examination of emergency medical service
personnel, equipment and facilities in the county, including, but not
limited to public education, communication and response capabilities,
transportation of the sick and injured, and emergency facilities; and
WHEREAS, in the November 5, 1991 General Election the voters of King
County authorized King County to levy an additional regular property
tax for each of the next six years to support Emergency Medical
Services;
NOW, THEREFORE, in consideration of payments, covenants, and
agreements hereinafter mentioned, to be made and performed by the
parties hereto, the parties covenant and do mutually agree as follows:
I.SCOPE OF SERVICES
The Agency shall provide services and comply with the
requirements set forth hereinafter and in the following
attached exhibits which are incorporated herein by reference:
Exhibit 1 - Program Plan and Operating Budget
AG SERVICES 92-1-
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Exhibit 2 - Basic Life Support Service Standards
Exhibit 3 - Reporting Requirements and Expenditure Guidelines
Exhibit 4 - Invoice Form
II. DURATION OF CONTRACT
This Contract shall commence on the lot day of January, 1992,
and for twelve months shall automatically renew from year to
year until the 31ot day of December, 1997, with annual
amendments for budget and other purposes, unless extended or
terminated earlier pursuant to the terms and conditions of the
Contract . It is the intent of the parties to renew funding
through December 31 , 1997 by way of the annual budget.
III. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for satisfactory
completion of the services and requirements as specified
in this Contract in an amount not to exceed $543 , 501
payable in the following manner:
B. The Agency shall submit an invoice and all accompanying
reports as specified in the attached exhibits not more
than 15 working days after the close of each indicated
reporting period. The County will initiate authorization
for payment after approval of corrected invoices and
reports. The County shall make payment to the Agency not
more than forty-five (45) days after the appropriate
invoice is received.
C. The .Agency shall submit its final invoice and all
outstanding reports within 15 days of the date this
Contract terminates . If the Agency' s final invoice and
reports are not submitted by the day specified in this
subsection, the County will be relieved of any and all
liability for payment to the Agency of the amounts set
forth in said invoice or any subsequent invoice.
IV.OPERATING BUDGET
When a budget is attached hereto as an exhibit, the Agency
shall apply the funds received from the County under this
Contract in accordance with said budget. The Agency shall
request prior approval from the County when the cumulative
amount of transfers among the budget categories within each
separate program funding source is expected to exceed 10% of
the budgeted line-item amount . Supporting documents necessary
to explain fully the nature and purpose of the request must
accompany each request .
AG SERVICES 92-2-
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V.INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting
and internal controls which complies with applicable,
generally accepted accounting principles, and governmental
accounting and financial reporting standards .
VI.ESTABLISM-IENT AND MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including
personnel, property, financial, and programmatic records,
and other such records as may be deemed necessary by the
County, to ensure proper accounting for all project funds
and compliance with this Contract . All such records
shall sufficiently and properly reflect all direct and
indirect costs of any nature expended and services
provided in the performance of this Contract .
B. These records shall be maintained for a period of six (6)
years after termination hereof unless permission to
destroy them is granted by the Office of the Archivist in
accordance with RCW Chapter 40 . 14 .
C. The Agency shall inform the County in writing of the
location, if different from the Agency address listed on
page one of this Contract, of the aforesaid books,
records, documents, and other evidence and shall notify
the County in writing of any change in location within
ten (10) working days of any such relocation.
VII.AUDITS AND INSPECTIONS
A. The records and documents with respect to all matters
covered by this Contract shall be subject at all times to
inspection, review, or audit by the County and/or
federal/state officials so authorized by law during the
performance of this Contract and six (6) years after
termination hereof, unless a longer retention period is
required by law.
B. The Agency shall provide right of access to its
facilities, including those of any subcontractor, to the
County, the state and/or federal agencies or officials at
all reasonable times in order to monitor and evaluate the
services provided under this Contract . The County will
give advance notice to the Agency in the case of fiscal
audits to be conducted by the County.
C. If the Agency is a municipal corporation, it shall submit
upon request to the County a copy of its annual report of
examination/audit, conducted by the Washington State
Auditor, within thirty (30) days of receipt, which
submittal shall constitute compliance with subsection
VII . B.
AG SERVICES 92-3-
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VIII.EVALUATION
The Agency agrees to cooperate with the County or its agent in the
evaluation of the Agency' s performance under this Contract and
to make available all information reasonably required by any
such evaluation process . The results and records of said
evaluations shall be maintained and disclosed in accordance
with RCW Chapter 42 . 17 .
IX.CORRECTIVE ACTION
If the County determines that a breach of Contract has
occurred; that the Agency has failed to comply with any terms
or conditions of this Contract or has failed to provide in any
manner the work or services agreed to herein, and if the
County deems said breach to warrant corrective action, the
following sequential procedure will apply:
(1) The County will notify the Agency in writing of the
nature of the breach;
(2) The Agency shall respond in writing within three (3 ) days
of its receipt of such notification, which response shall
indicate the steps being taken to correct the specified
deficiencies, and the proposed completion date for
bringing the Contract into compliance, which date shall
not be more than ten (10) days from the date of the
Agency' s response;
(3) The County will notify the Agency in writing of the
County' s determination as to the sufficiency of the
Agency' s corrective action plan. The determination of
the sufficiency of the Agency' s corrective action plan
shall be at the sole discretion of the County;
(4) In the event that the Agency does not respond within the
appropriate time with a corrective action plan, or the
Agency' s corrective action plan is determined by the
County to be insufficient, the County may commence
termination of this Contract in whole or in part pursuant
to Section XI. B;
(5) In addition, the County may withhold any payment owed the
Agency or prohibit the Agency from incurring additional
obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
(6) Nothing herein shall be deemed to affect or waive any
rights the parties may have pursuant to Section XI,
Subsections A, B, C, D, and E.
Isud 11/91 AG SERVICES 92-4-
X.ASSIGNMENT/SUBCONTRACTING
A. The Agency shall not assign or subcontract any portion of
this Contract or transfer or assign any claim arising
pursuant to this Contract without the written consent of
the County. Said consent must be sought in writing by
the Agency not less than fifteen (15) days prior to the
date of any proposed assignment .
B. "Subcontract " shall mean any agreement between the Agency
and a subcontractor or between subcontractors that is
based on this Contract, provided that the term
"subcontract" does not include the purchase of (i)
support services not related to the subject matter of
this Contract, or (ii) supplies .
XI.TERMINATION
A. This Contract may be terminated by the County without
cause, in whole or in part, prior to the date specified
above in Section II. , by either party providing the other
party thirty (30) days advance written notice of the
termination.
B. The County may terminate this Contract, in whole or in
part, upon seven (7) days advance written notice in the
event: (1) the Agency materially breaches any duty,
obligation, or service required pursuant to this
Contract, or (2) the duties, obligations, or services
required herein become impossible, illegal, or not
feasible.
If the Contract is terminated by the County pursuant to
this Subsection XI .B1, the Agency shall be liable for
damages, including any additional costs of procurement of
similar services from another source.
If the termination results from acts or omissions of the
Agency, including but not limited to misappropriation,
nonperformance of required services or fiscal
mismanagement, the Agency shall return to the County
immediately any funds, misappropriated or unexpended,
which have been paid to the Agency by the County.
C. The County may terminate this Contract in whole or in
part if expected or actual funding is withdrawn, reduced
or limited in anyway prior to the termination date set
forth above in Section II .
If the Contract is terminated as provided in this
subsection: (1) the County shall be liable only for
payment in accordance with the terms of this Contract for
services rendered, prior to the effective date of
termination; and (2) the Agency shall be released from
AG SERVICES 92-5-
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any obligation to provide such further services pursuant
to the Contract as are affected by the termination, upon
written notification by the County to the Agency.
D. The Agency may terminate this Contract upon seven (7)
days written notice, should the County commit any
material breach of this Contract .
E. Nothing herein shall limit, waive, or extinguish any
right or remedy provided by this Contract or law that
either party may have in the event that the obligations,
terms and conditions set forth in this Contract are
breached by the other party.
XII.FUTi7RE SUPPORT
The County makes no commitment to support the services
contracted for herein and assumes no obligation for future
support of the activity contracted herein except as expressly
set forth in this Contract .
Any County obligation, which is established by this contract,
which extends beyond a current appropriation by the King
County Council, is specifically conditioned upon and may be
enforced only if and to the extent that the King County
Council subsequently appropriates sufficient funds to support
the activities described in this contract .
XIII.HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Agency is
an independent contractor, and neither it nor its
officers, agents or employees are employees of the County
for any purpose. The Agency shall be responsible for all
federal and/or state tax, industrial insurance, and
Social Security liability that may result from the
performance of and compensation for these services and
shall make no claim of career service or civil service
rights which may accrue to a County employee under state
or local law.
The County assumes no responsibility for the payment of
any compensation, wages, benefits or taxes to, or on
behalf of the Agency, its employees and/or others by
reason of this Contract . The Agency shall protect,
indemnify and save harmless the County and the State of
Washington, (when any funds for this Contract are
provided by the State of Washington) , their officers,
agents and employees from and against any and all claims,
costs and/or losses whatsoever occurring or resulting
from (1) the Agency ' s failure to pay any such
compensation, wages, benefits or taxes; and/or (2) the
supplying to the Agency of work, services, materials, or
AG SERVICES 92-6-
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supplies by Agency employees or other suppliers in
connection with or in support of the performance of this
Contract.
B. The Agency further agrees that it is financially
responsible for and will repay the County all indicated
amounts following an audit exception which occurs due to
the negligence, intentional act and/or failure for any
reason to comply with the terms of this Contract by the
Agency, its officers, employees, agents, and/or
representatives. This duty to repay the County shall not
be diminished or extinguished by the prior termination of
the Contract pursuant to the Duration of Contract, or the
Termination section.
C. The Agency shall protect, defend, indemnify, and save
harmless the County, and the State of Washington (when
any funds for this Contract are provided by the State of
Washington) , their officers, employees, and agents from
any and all costs, claims, judgments, and/or awards of
damages, arising out of or in any way resulting from the
negligent acts or omissions of the Agency, its officers,
employees, and/or agents . The Agency agrees that its
obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by or on behalf of
any employees, or agents . For this purpose, the Agency,
by mutual negotiation, hereby waives, as respects the
County only, any immunity that would otherwise be
available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the
County incurs any judgement, award and/or cost arising
therefrom including attorney' s fees to enforce the
provisions of this article, all such fees, expenses, and
costs shall be recoverable from the Agency.
The County will protect, defend, indemnify, and save
harmless the Agency, its officers, employees, and agents
from any and all costs, claims, judgments, and/or awards
of damages, arising out of or in any way resulting from
the negligent acts or omissions of the County, its
officers, employees, or agents . The County agrees that
the obligation to indemnify, defend, and hold harmless
the Agency and its agents and employees under this
subparagraph extends to any claim, demand or cause of
action brought by or in behalf of any employee of the
County, against the Agency, its officers, agents, or
employees and includes any judgement, award, and cost
arising therefrom, including attorneys ' fees .
Claims shall include, but not be limited to, assertions
that use or transfer of software, book, document, report,
film, tape, or sound reproduction or material of any kind
delivered hereunder, constitutes an infringement of any
copyright, patent, trademark, trade name, and/or
otherwise results in unfair trade practice.
AG SERVICES 92-7-
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D. Insurance Requirements: By the date of execution of this
Contract, the Agency shall procure and maintain for the
duration of this Contract insurance against claims for
injuries to persons or damages to property which may
arise from, or in connection with the performance of work
hereunder by the Agency, its agents, representatives,
employees, and/or subcontractors. The cost of such
insurance shall be paid by the Agency.
For All Coverages : Each insurance policy shall be
written on an "Occurrence" form; excepting that insurance
for Professional Liability, Errors & Omissions may be
acceptable on a "claims made" form.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as :
(a) General Liability:
Insurance Services Office form (GL 0002 Ed. 1-
73) covering COMPREHENSIVE GENERAL LIABILITY
and Insurance Services Office form number (GL
0404 Ed. 5-81) covering BROAD FORM
COMPREHENSIVE GENERAL LIABILITY ENMRAF.Mi ,
-or-
Insurance Services Office form number (CG 00 01
Ed. 11-88) covering COMMERCIAL GENERAL
LIABILI V
(b) Professional Liability:
Professional Liability, Errors and Omissions
coverage. In the event that services delivered
pursuant to this Contract either directly or
indirectly involve or require professional
services, Professional Liability, Errors and
Omissions coverage shall be provided.
"Professional Services, " for the purpose of
this Contract section, shall mean any services
provided by a licensed professional .
(c) Automobile Liability:
In the event that services delivered pursuant
to this Contract involve the transportation of
clients .
Insurance Services Office form number (CA 00 01
Ed. 12- 90) covering BUSINESS AUTO COVERAGE,
symbol 1 "any auto" ; or the appropriate
coverage provided by symbols 2 , 8, and/or 9;
and Insurance Services Office form number (CA
00 25 Ed. 1-86) Changes Endorsement .
AG SERVICES 92-8-
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(d) Workers ' Compensation:
Workers ' Compensation coverage, as required by
the Industrial Insurance Act of the State of
Washington, as well as any similar coverage
required for this work by applicable Federal or
"Other States" State law.
2 . Minimum Limits of Insurance
The Agency shall maintain minimum limits no less
than, for:
(a) General Liability: $1, 000, 000 combined single
limit per occurrence by bodily injury, personal
injury and property damage.
(b) Professional Liability, Errors and Omissions:
$1, 000, 000 .
(c) Automobile Liability: $1, 000, 000 combined
single limit per accident for bodily injury and
property damage.
(d) Workers ' Compensation: Statutory requirements
of the State of residency.
3 . Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be
declared to, and approved by, the County. At the
option of the County, the insured shall instruct the
insurer to reduce or eliminate such deductibles or
self-insured retentions as respects the County, its
officers, officials and employees . The deductible
and/or self-insured retention of the policies shall
not apply to the Agency' s liability to the County
and shall be the sole responsibility of the Agency.
4 . Other Insurance Provisions
The insurance policies required in this Contract are
to contain, or be endorsed to contain, the following
provisions :
(a) General Liability Policies
(1) The County, its officers, officials,
employees, and agents are to be covered as
insureds under this policy as respects :
liability arising out of activities
performed by or on behalf of the Agency in
connection with this Contract .
AG SERVICES 92-9-
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(2) To the extent of the Agency' s negligence,
the Agency' s insurance coverage shall be
primary insurance as respects the County,
its officers, officials, employees, and
agents . Any insurance and/or self-
insurance maintained by the County, its
officers, officials, employees, or agents
shall not contribute with the Named
Insured' s insurance or benefit the Named
Insured in any way.
(3) The Agency' s insurance shall apply
separately to each insured against whom
claim is made and/or lawsuit is brought,
except with respect to the limits of the
insurer' s liability.
(b) All Policies
Coverage shall not be suspended, voided,
cancelled, reduced in coverage or in limits
until after forty five (45) days prior written
notice, return receipt requested, has been
given to the County.
S. Acceptability of Insurers
Unless otherwise approved by the County,
Insurance is to be placed with insurers with a
Bests ' rating of no less than A:VIII, or, if not
rated with Bests ' , with minimum surpluses the
equivalent of Bests ' surplus size VIII.
Professional Liability, Errors and omissions
insurance may be placed with insurers with a Bests '
rating of B+VII . Any exception must be approved by
King County.
If at any time the foregoing policies shall be or
become unsatisfactory to the County, as to form or
substance, or if a company issuing any such policy
shall be or become unsatisfactory to the County, the
Agency shall, upon notice to that effect from the
County, promptly obtain a new policy, and shall
submit the same to the County, with appropriate
certificates and endorsements, for approval .
6. Verification of Coverage
The Agency shall furnish the County with
verification of insurance and endorsements required
by this Contract. The certificates and endorsements
for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage
AG SERVICES 92-10-
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on its behalf. The certificates and endorsements
for each insurance policy are to be on forms
provided or approved by the County prior to the
commencement of activities associated with this
Contract . The County reserves the right to require
complete, certified copies of all required insurance
policies at any time.
7. Subcontractors
The Agency shall include all subcontractors as
insureds under its policies or shall furnish
separate certificates and endorsements for each
subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated
herein.
S . Municipal or State Agency Provisions
If the Agency is a Municipal Corporation or an
agency of the State of Washington and is self-
insured for any of the above insurance requirements,
a certification of self-insurance shall be attached
hereto and be incorporated by reference and shall
constitute compliance with this section.
XIV.NONDISCRIMINATION
The Agency shall comply fully with all applicable federal,
state and local laws, ordinances, executive orders and
regulations which prohibit such discrimination. These laws
include, but are not limited to, RCW 49 . 60, Titles VI and VII
of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973 , Executive Order 11246 issued by
the President of the United States and Executive Order 2001-R
issued by the County Executive.
XV.CONFLICT OF INTEREST
A. The Agency covenants that no officer, employee, or agent
of the County who exercises any functions or
responsibilities in connection with the planning and
implementation of the program funded herein, or any other
person who presently exercises any functions or
responsibilities in connection with the planning and
implementation of the program funded herein shall have
any personal financial interest, direct or indirect, in
this Contract . The Agency shall take appropriate steps
to assure compliance with this provision.
B. If the Agency violates the provisions of Subsection XV.A
or does not disclose other interests, required to be
disclosed pursuant to King County Code, Chapter 3 . 04, the
County shall not be liable for payment for services
rendered pursuant to this Contract . Violation of this
AG SERVICES 92-11-
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section shall constitute a substantial breach of this
Contract and grounds for termination pursuant to Section
XI . above as well as any other right or remedy provided
by this Contract or law.
XVI.POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services provided
directly or indirectly under this Contract shall be used for
any partisan political activity or to further the election or
defeat of any candidate for public office.
XVII.EQUIPMENT PURCHASE, MAINTENANCE AND OWNERSHIP
A. The Agency agrees that any equipment purchased in whole
or in part with Contract funds is upon its purchase or
receipt the property of the Agency and shall be used for
the purpose set forth in this Contract .
B. The Agency shall be responsible for all equipment
purchased in whole or in part with funds received under
this Contract, including proper care and maintenance of
the equipment .
C. The Agency agrees that proceeds resulting from the sale
of equipment purchased in whole or in part with funds
received under this Contract shall be used for the
provision of emergency medical services, as set forth in
this Contract .
D. The Agency shall not assign any equipment purchased in
whole or in part with Contract funds to any other entity
without the written consent of the County. In the event
that the Agency ceases to perform the services which are
the subject of this Contract, disincorporates, dissolve
or in any manner ceases to provide services pursuant to
this Contract, any equipment purchased in whole or in
part with Contract funds shall not be assigned, leased,
subleased, sold, donated or in any other manner disposed
of without the prior written consent of the County unless
otherwise provided by law.
XVIII.NOTICES
Whenever this Contract provides for notice to be provided by
one party to another, such notice shall be:
A. In writing; and
B. Directed to the chief executive officer of the Agency and
the Director/Manager of the County Department/Division
specified on page 1 of this Contract .
AG SERVICES 92-12-
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Any time within which a party must take some action shall be
computed from the date that the notice is received by said
party.
XIX.PROPRIETARY RIGHTS
The parties to this Contract hereby mutually agree that if any
patentable or copyrightable material or article should result
from work described herein, all rights accruing from such
material or article shall be the sole property of the Agency.
The Agency agrees to and does hereby grant to the County,
irrevocable, nonexclusive and royalty-free license to use,
according to law, any material or article and use any method
that may be developed as a part of the work under the
Contract . The foregoing license shall not apply to existing
training materials, consulting aids, checklists and other
materials and documents of the Agency which are modified for
use in the performance of the Contract .
XX.CHANGES
Either party may request changes to this Contract. Proposed
changes which are mutually agreed upon shall be incorporated
by written amendments to this Contract .
XXI.KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all
printed and photocopied documents related to the fulfillment
of this Contract. If the cost of recycled paper is more than
fifteen percent higher than the cost of non-recycled paper,
the Agency shall notify the Contract Administrator, who may
waive the recycled paper requirement . The Agency shall use
both sides of paper sheets for copying and printing and shall
use recycled/recyclable products wherever practical.
XXII.ENTIRE CONTRACT/WAIVER OF DEFAULT
The parties agree that this Contract is the complete
expression of the terms hereto and any oral representations or
understandings not incorporated herein are excluded. Both
parties recognize that time is of the essence in the
performance of. the provisions of this Contract. Waiver of any
default shall not be deemed to be a waiver of any subsequent
default . Waiver of breach of any provision of the Contract
shall not be deemed to be waiver of any other or subsequent
breach and shall not be construed to be a modification of the
terms of the agreement unless stated to be such through
written approval by the County, which shall be attached to the
original Contract .
Isud 11/91 AG SERVICES 92-13-
COUNTY: AGENCY:
Signature Signature
Name Name
KING COUNTY EXECUTIVE
Title Title
Date Date
ATTEST: Approved as to Form
NORM MALENG
King County Prosecuting Attorney
Director
Department of Executive See attached letter
Administration Deputy Prosecuting Attorney
AG SERVICES 92-14-
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EXHIBIT 1
1992 PROGRAM PLAN AND PROPOSED BUDGET
I. Trlan i i a ion Tn ormaticn
A. Name and number of Fire Protection District or Fire Department:
B. Name of Chief:
Mailing Address:
C. Name of EMS Coordinator (and Training Coordinator if different) :
Telephone No.
Telephone No.
D. Location: manned or unmanned status of all fire stations in your
department of district; location of aid vehicles. Include the
address of each station (use other side if necessary) .
Defib No. EMS Res on nse No. & Tyne Fire
Address Unit Status Vehicles at, LnrAt-inn Vehicles at T.o .
1. Station # Full Time
Part Time/
Vol
2. Station # Full Time
Part Time/
Vol
3. Station # Full Time
Part Time/
Vol
4. Station # Full Time
Part Time/
Vol
*Include aid units as well as fire apparatus, command cars, rescue units, etc.
STATIONS PLANNNED for construction in 1992? Address
Status
Vehicles
Exhibit 1
1992 Program Plan and Proposed Budget
Page 2
E. Agency Response Information (use estimates)
Number of fire suppression responses in 1991
Number of EMS aid responses in 1991
Total number of responses in 1991
Percent aid responses
III. Rplatinnshipq With other EMS Agencies
A. specify location of transfer points with paramedic provider groups
if applicable:
Exhibit 1
1992 Program Plan and Proposed Budget
Page 3
IV. Personnel
A. Number of full-time paid fire fighters of which
are EMT's and are First Responders.*
B. Number of volunteer fire fighters , of which
are EMT's and are First Responders.*
C. Number of personnel currently trained in defibrillation
Automated External Defibrillator Certified
Manual Defibrillator Certified
* Certified as First Responders by State of Washington
V. EMT ne 'bri 1a ion ProrTram,
A.E.D
A. Number and type of defibrillator units Manual
B. Location of defibrillation equipment (address)
C. Unit numbers of aid vehicle(s) usually carrying defibrillation equipment
(use number(s) recorded when completing EMS Medical Incident Reporting
Form) .
D. Do you intend to convert to automated defibrillation in 1992? If so, how
many units will you purchase?
What make?
If not, when do you plan to make the conversion?
Do you plan to make additional purchases to update equipment?
If so, how many and what type?
VI. BLdQ.e
The EMS Division is seeking to collect information that documents total fire
department expenditures for emergency medical services. We are also requesting
each fire department to report its total on ra ina budget for the year. In
order that the information be consistent, please exclude from these totals
major capital expenditures including vehicles and buildings, and monies
earmarked for bond payments, etc.
A. Estimated total EMS budget for 1992 $
of which $ is provided by EMS funds.
B. Total fire department or fire district $
budget for 1992 .
2xhibit 1
1992 Program Plan and proposed Budget
Page 4
VII. Fnes for yi a
A. Does your department charge for providing emergency services?
Yes No
B. If yes, please provide a list of charges below.
VIII. Service Tmnrov m n c/ hanpPg
Please describe how EMS funds will be used by your department
in 1992 to improve services to the citizens of King county.
EXHIBIT 2
KING COUNTY EMERGENCY MEDICAL SERVICES
Basic Life Support Standards
The following standards shall be complied with by the agency in order that the agency be
eligible for basic life support services funding from King County. Failure to comply
with standards adopted by King County pursuant to Chapter 2.26 of the King County
Code or by the County Medical Program Director pursuant to Chapter 18.73 and 18.71
RCW, shall be sufficient grounds for the termination of said funding.
In the event of future changes in the basic life support service standards adopted by King
County, each agency shall have the opportunity to review and comment on the proposed
changes before their adoption.
I. Personnel: All emergency medical services personnel supported directly by King
County funds must be certified as an Emergency Medical Technician as defined by RCW
18.73.
H. Continuing Medical Education: Emergency medical services personnel will
participate in a program of continuing medical education approved by King County and
the County Medical Program Director.
III. Medical Standards: Each agency providing emergency medical services shall
adhere to standards of medical care for the triage, treatment and transport of patients as
authorized by the Medical Program Director pursuant to RCW 18.73 and 18.71, and
Chapter 2.26 of the King County Code.
IV. F,q uinm n :
a. All vehicles used to deliver emergency medical services and support by King
County funds must meet vehicle standards as established by the Washington State
Department of Health pursuant to RCW 18.73.
b. Medical equipment used by personnel supported by King County funds must meet
appropriate federal, state or county standards.
V. Response Time: Each agency providing emergency medical first response service
shall maintain an average annual response time, as measured from receipt of call by a
dispatcher to arrival of EMS personnel at the scene, that does not exceed five (5)
minutes. Except that agencies identified as rural (with a population density of less than
1,000 per square mile) shall maintain an average annual response time, as measured from
receipt of call by a dispatcher to arrival of EMS personnel at the scene, that does not
exceed six (6) minutes.
Page 2
King County Basic Life Support Standards
VI.Reporting: Each agency shall use the King County Medical Incident Report form
provided by King County to report each incident in which an emergency medical
response in initiated. All report forms must be completed and sent to the King County
Emergency Medical Services Division within ten (10) days of the end of each month.
VII. First Mutual Aid Agreements: Each public agency providing basic life
support services shall have written first response mutual aid agreements or similar
arrangements in effect so that the closest emergency medical service personnel will
respond to an emergency medical incident without regard to political boundaries.
VHI, Proposed Research and F,val ua ion Activities: Any proposed research and
evaluation activities involving personnel, equipment or data supported directly or
indirectly by King County funds must receive prior review and written approval by the
Medical Program Director and the King County Emergency Medical Services Division
Manager and must be in compliance with State, County and local regulations and laws.
1992
EXHIBIT 3
EMER EAT Y DT AT C RV S EXPENDT TRFc .TTTD T TNFS FOR PAqTr T TF S TPPOPT
These funds shall be used only for the provision of emergency
medical care or emergency medical services including related
personnel costs, training for such personnel, and related
equipment, supplies, vehicles, and structures needed for the
provision of emergency medical care or emergency medical
services (RCW 84.52.069) . This provides a broad scope of
potential used for funds, but strictly requires these funds
to be used only for emergency medical care or services, not
for fire suppression equipment or activities. Eligible
expenditures are listed below.
A. Personnel Costs
1. Salaries and Benefits
EMS funds may be used to pay the salaries and
benefits, or a portion thereof, of firefighter/
emergency medical technician (EMT) personnel who
are regularly and normally assigned on shift to
provide emergency medical services as their primary
responsibility.
2. Payments to VnIiintporq
EMS funds may be used to pay volunteer firefighter
EMT's per shift payments or per call payments as
provided below:
a. Per shift payments to volunteers are eligible
in proportion to the ratio of emergency
medical service responses to fire responses
for the fire department.
b. Per call payments to volunteer
firefighter/EMTs are eligible provided those
responses are requests for emergency medical
services.
B. GIRD lam?Q.g
EMS funds may be used to purchase medical supplies
necessary for the delivery of basic life support
services.
Where supplies, support services, and equipment
may be used for both basic life support and fire
suppression activities, only those costs directly
attributable to the provision of emergency medical
services may be considered as eligible expenditures
of EMS funds. EMS funds may be applied toward a
portion of these costs, provided that portion does
not exceed the proportion of emergency medical
responses to fire responses for the department.
All supply and equipment requests shall be
reviewed as to their appropriate use in the King
County EMS system.
:xhibit 3
Page 2
C. Rqu m n
EMS funds may be used for the purchase or lease of
equipment used in the delivery of basic life support
services including, but not limited to, the following:
1. Equipment required for all ambulances and first aid
vehicles pursuant to WAC 248.17;
2. Equipment associated with the development or main-
tenance of emergency medical skills, such as CPR
manikins, slide and/or tape productions and
projection equipment;
3 . Communications equipment, such as pagers and
portable radios assigned to personnel with
responsibility for first response to medical
emergencies;
4. Communications equipment necessary to dispatch
personnel to medical emergencies, provided that the
amount of EMS funds expended may not exceed the
ratio of emergency medical responses to all other
responses dispatched;
5. Vehicles meeting licensing requirements as
ambulances pursuant to WAC 248.17 or as first aid
vehicles equipped to transport.
D. gunnnrt qPrvicpq
EMS funds may be used to provide support services
necessary for the delivery of basic life support
services. The following support services are eligible
for funding:
1. Dispatching - EMS funds may be applied towards a
portion of the costs of dispatching.
2. Operating and maintenance costs for emergency
medical equipment; including EMS vehicles, cardiac
monitors, blood pressure cuffs, suction units, etc.
3 . Continuing education costs associated with the
certification or recertification of emergency
medical technicians (EMTs) .
4. Maintenance of dispatch equipment, such as, base
stations, consoles, antennas, etc.
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Professional Liability Return tc
Endorsement
King County, Washington
( the County") Ann:A. Policy Information. Endorsement No.
1. Insurance Company Policy No.
2. Policy Term(From) (To) Endorsement Effective Date
3. Named Insured,
4. Address of Named Insured
5. Limit of Liability Any One Occurrence/Aggregate$
6. Deductible of Self-insured Retention(Nil unless otherwise specified) $
B. Policy Amendments.
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the
policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. Cancellation Notice.
The insurance afforded by this policy shall not be suspended. voided, canceled, 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 County. Such
notice shall be addressed as shown in the heading of this endorsement.
C. Signature of Insurer or Authorized Representative of the Insurer.
1. (printltype name), warrant that I have authority to bind the below-
listed insurance company and by my signature hereon do so bind this company.
Signature of:
Au;norzeo Reoreserca-.e,ongina >0-a:re'eouuee on enoorse^��^:rwnran=^_;cYhe Cc�r,ry�
Organization: Title:
Address: Telephone
General Liability Return to:
Endorsement
OKing County, Washington
O the County') Attn:
A. Policy Information. Endorsement No.
1. Insurance Company Policy No.
2. Policy Term(From) (To) Endorsement Effective Date
3, Named Insured
4. Address of Named Insured
5. Limit of Liability Any One Occurrence/Aggregate$
6. Deductible of Self-insured Retention(Nil unless otherwise specified) S
7. Bodily Injury and Property Damage Coverage Is:
❑ "Occurrence" ❑ "Claims-made"
If coverage is "claims-made," the retroactive date is
Note: King County's standard insurance requirements specify "occurrence" coverage. "Claims-made" coverage requires
special approval.
B. Policy Amendments. be primary insurance as respects the 4.Severability of Interest.
This endorsement is issued in County, its officers, officials, The insurance afforded by this policy
consideration of the policy premium. employees, or agents: or stand in an applies separately to each insured who
Notwithstanding any inconsistent unbroken chain of coverage excess of is seeking coverage or against whom a
statement in the policy to which this the Named Insured's scheduled claim is made or a suit is brought,
endorsement is attached or any other underlying primary coverage. In either except with respect to the Company's
endorsement attached thereto, It is event, any other insurance maintained limit of liability.
agreed as follows: by the County, its officers, officials, 5. Provisions regarding the
employees, or agents shall be excess Insured's Duties after Accident
1. Insured. of this insurance and shall no: con- or Loss.
The County, its officers, officials, tribute with it. Any failure to comply with reporting
employees, or agents are included as
insureds with regard to damages and 3.Scope of Coverage. provisions of the policy shall not affect
defense of claims arising from es ac- This policy: (1) if primary, affords coverage provided to the County, its
d
ti efe s performed arising
or on behalf of coverage at least as broad as officers, officials,employees, or agents.
Insurance Service Office form number
the Named Insured, (b) products and 6. Cancellation Notice.
completed operations of the Named Ge General
LiabEd.ility
ty In rance Comprehensive The insurance afforded by this policy
Insured,or(c) premises owned, leased, General Liability Insurance and I Services Office form shall not be suspended, voided,
or used by the Named Insured. Insurance canceled, reduced in coverage or in
number GL 0404 Broad Form General limits, except after thirty(30)days' prior
2. Contribution not Required. Liability endorsement (Ed. 5-81); or written notice by Certified Mail Return
As respects (a) work performed by the (2) if excess, affords coverage that is Receipt Requested has been given to
Named Insured for or on behalf of the at least as broad as the primary the County. Such notice shall be
County, or (b) premises leased by the insurance forms referenced in the addressed as shown in the heading of
Named Insured from the County, the preceding section (1). this endorsement.
insurance afforded by this policy shall
C. Signature of Insurer or Authorized Representative of the Insurer.
1. (print/type name), warrant that I have authority to bind the below-
listed insurance company and by my s;gnature hereon ao so bind this company
Signature of,
Autnoozeo Re ore sentat,ve fong,nai sgnarure reowren on e�oorsemenr I�m;gnec to toe Cou,r;.
Organization: Title _
Address: Telephone
3L 21V87
AL
Certificate Return to:
of Insurance
O King County, Washington
('The County')
Attn:
This certifies to the County that the following described policies have been issued to the Insured named below
and are in force at this time.
Named Insured
Address of Named Insured
Description of operations/locations/products insured (show contract/bid name and/or number, if any):
POLICIES & INSURERS LIMITS POLICY # EXR
Bodily Injury Property Damage DATE
Check Policy Type:
D Comprehensive General Liability Policy
O Commercial General Liability Policy "Occurrence" "Claims Made"
Each Occurrence Each Occurrence
(Name of Insurer) Aggregate Aggregate
Best's Rating $ $
or
Combined Single Limit $_
Aggregate $
Business Auto Policy Each Person
Liability Coverage Symbol $
Each Accident Each Accident
$ $
(Name of Insurer) or
Best's Rating Combined Single Limit $
i
Umbrella Liability
"Occurrence" "Claims-Made'
Occurrence/Aggregate $_—
(Name of Insurer)
I
Best's Rating Self-Insured Retention $_
I
Other
i
(Name of Insurer)
Best's Rating
The following coverage or conditions are in effect:
The County, its officials, employees and agents are narnec c-. a" I abil,'y ao'l cues aescnbed above as
insureds as respects: (a) activlties performed for the Count., b or on bel of the Named Insured.
(b) products and completed operations of the Named Insured. and (c) premises owned. leased or
used by the Named Insured. - Yes
No
Products and completed operations = Yes
No
The undersigned will mail to the County 30 days written notice of cancellation or reduction of Yes
coverage or limits.
No
Cross liability clause (or equivalent wording) C Yes
❑ No
Personal injury, perils A, B, and C ❑ Yes
❑ No
Broad form property damage C Yes
❑ No
X, C. U hazards included ❑ Yes
❑ No
Contractual liability coverage applying to this contract ❑ Yes
❑ No
Other ❑ Yes
❑ No
Coverage afforded the County, its officers, officials, employees, and agents as Insureds applies as ❑ Yes
primary and not excess or contributing to any insurance issued in the name of the County.
❑ No
This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend,
or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any con-
tract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance af-
forded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies.
Agency or Brokerage Insurance Company
Address Home Office
Name of Person to be Contacted Authorized Signature Date
NOTE:Authorized signatures may be the agent's if agent has placed in-
Tele hone Number surance through an agency agreement with the insurer. if insurance is
p brokered authorized signature must be that of official of insurer.
�I v
r�
Kent City Council Meeting
Date May 5. 1992
Category Consent Calendar
\ 1. SUBJECT: GREEN RIVER LEVEE IMPROVEMENTS
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, accept as complete the contract with J.L.R. , Inc.
for the Green River Levee Improvements and release of retainage
after receipt of releases from the State.
3 . EXHIBITS: Memo from Public Works Director, vicinity map 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 Age a
Item No. 3F
DEPARTMENT OF PUBLIC WORKS
April 16, 1992
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM Ovd
RE: GREEN RIVER LEVEE IMPROVEMENTS
This project constructed bank stabilization on the Green River
Levee north of the Meeker Street Bridge. The contract was awarded
to J.L.R. Inc. in July of 1991 for the bid amount of $263 , 397 .
The final contract cost is $394 , 906. The overage is due in part to
the fact that between design and construction two major storm
events took place causing even greater erosion of the levee in the
project area. The Corps of Engineers allowed us to restore the
bank under these conditions to a greater extent than their original
permit limitations. Additionally, we included an emergency repair
(see attached memo) of the levee at Russell Road and S. 212th
Street in this contract at an additional expense of approximately
$42 , 000. It is recommended the contract be accepted as complete
and the retainage released after receipt of the State releases.
will
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DEPARTMENT OF PUBLIC WORKS
December 16, 1991
TO: MAYOR KELLEHER AN7 CITY COUNCIL
FROM: DON WICKSTROM��C
RE: GREEN RIVER LEVEE IMPROVEMENTS
This is to inform you of an emergency situation we took action on.
Upon our perusal of the levee system, we discovered that an earlier
minor bank sluffing problem adjacent to Russell Road at
approximately 1500 feet north of S. 212th Street (adjacent to
Boeing) had progressed to a major failure jeopardizing the
integrity of Russell Road.
Because of the working relationship we have developed over the
years with the State Fisheries Department, they permitted us (for
a one week duration) to work within the confines of the river even
though normally for this time of year such a permit would not be
granted. We hired our contractor on the Meeker Street Bridge Levee
Restoration (JLR, Inc. ) to move in and construct the rock footing
base. In a cooperative effort, King County Maintenance Division
then reconstructed the river bank in a similar fashion to our
Meeker Street Bridge Levee Restoration work.
The whole construction effort cost approximately $92 , 000 (City
$42 , 000, County $50, 000) . Additionally, the City spent another
$22 , 000 on consultant services for the design and overseeing the
construction. The City' s funds come from the Levee Improvement
project fund for which funding was adequate.
cc: Ed Chow
Public Works Committee
April 21, 1992
Page 2
West Hill Storm Improvements - Bid Opening
Wickstrom commented that six bidders responded to this project with
R. L. Alia submitting the low bid. The Committee unanimously
recommended awarding the contract to the low bidder.
Green River Levee Improvements
Wickstrom explained the contractor has completed work on this
project and we are recommending the contract be accepted as
complete. Wickstrom explained the cost increases were due to some
emergency levee work north of 212th adjacent to Boeing and the
Meeker Street fix required more backfill due to the additional
erosion that occurred between the development of the plans and
start of the actual work. The Committee unanimously recommended
acceptance of the contract with J.L.R. , Inc. for the Green River
Levee Improvements as complete.
Bill of Sale - Echo Glen Heights
Wickstrom stated the developer has completed construction of the
utility improvements required for this development and recommended
the City accept the improvements for operation and maintenance.
The Committee unanimously recommended approval.
Drainage Utility
Jim White stated he had met with Don Wickstrom to discuss the
utility rate increase further. He stated his concerns were that
the proposed projects were not going to be enough to solve the
problems but Wickstrom assured him that these projects along with
updated development standards would solve the problems we have
recently been experiencing. Wickstrom indicated the updated
development standards should be before the Council by the end of
this year. With that, the Committee unanimously recommended the
approval of the actions necessary to implement the drainage utility
rate modification as detailed in the March 12 memo from the Public
Works Director.
Public Works Transportation Section Project Work Plan
Wickstrom reviewed the list of transportation projects and
explained they required about 9 FTEs where we only have 3
available. White questioned why the 224th/228th corridor was not
on the list. Wickstrom explained that would fall initially into
the design section project list. Paul Mann responded he was
pleased to see the priority given to the Kent-Des Moines Highway,
James Street and Central Avenue projects. Don Wickstrom introduced
J
Gv
Kent City Council Meeting
Date May 5. 1992
Category Consent Calendar
V
1. SUBJECT: ECHO GLEN HEIGHTS
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, acceptance of the bill of sale and warranty
agreement submitted by Mainstream Development 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 Ave. S. E. for the Echo Glen Heights development and
release of cash bond after expiration of the one-year
maintenance period.
3 . EXHIBITS: Memo from the Public Works Director, vicinity map
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 AgeV a
Item No. 3G`\
DEPARTMENT OF PUBLIC WORKS
April 16, 1992
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM Jj�
RE: ECHO GLEN HEIGHTS
The water and sewer utility improvements for the Echo Glen Heights
development at 108th Avenue- S.E. and S.E. 271st Street have been
completed. It is recommended the bill of sale and warranty
agreement for continuous operation and maintenance of these
improvements be accepted.
Vicinity Map
Not To Scale
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j . . . . . . . .'. .'.'.w
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. .'.'.'. . . 516
. . . . . . . . lrJ
51 6 Q
KENT S:E. 256th ST.
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_ Q N 268th ST.
GR N S.E 2 70th
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S. 2 th ST, 274th ST.
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Public Works Committee
April 21, 1992
Page 2
West Hill Storm Improvements - Bid Opening
Wickstrom commented that six bidders responded to this project with
R. L. Alia submitting the low bid. The Committee unanimously
recommended awarding the contract to the low bidder.
Green River Levee Improvements
Wickstrom explained the contractor has completed work on this
project and we are recommending the contract be accepted as
complete. Wickstrom explained the cost increases were due to some
emergency levee work north of 212th adjacent to Boeing and the
Meeker Street fix required more backfill due to the additional
erosion that occurred between the development of the plans and
start of the actual work. The Committee unanimously recommended
acceptance of the contract with J.L.R. , Inc. for the Green River
Levee Improvements as complete.
Bill of Sale - Echo Glen Heights
Wickstrom stated the developer has completed construction of the
utility improvements required for this development and recommended
the City accept the improvements for operation and maintenance.
The Committee unanimously recommended approval.
Drainage Utility
Jim White stated he had met with Don Wickstrom to discuss the
utility rate increase further. He stated his concerns were that
the proposed projects were not going to be enough to solve the
problems but Wickstrom assured him that these projects along with
updated development standards would solve the problems we have
recently been experiencing. Wickstrom indicated the updated
development standards should be before the Council by the end of
this year. With that, the Committee unanimously recommended the
approval of the actions necessary to implement the drainage utility
rate modification as detailed in the March 12 memo from the Public
Works Director.
Public Works Transportation Section Project Work Plan
Wickstrom reviewed the list of transportation projects and
explained they required about 9 FTEs where we only have 3
available. White questioned why the 224th/228th corridor was not
on the list. Wickstrom explained that would fall initially into
the design section project list. Paul Mann responded he was
pleased to see the priority given to the Kent-Des Moines Highway,
James Street and Central Avenue projects. Don Wickstrom introduced
(� Kent City Council Meeting
Date May 5 . 1992
Category Consent Calendar
1. SUBJECT: ELECTRIC LIGHTWAVE FRANCHISE ORDINANCE
Aa6� n
2 . SUMMARY STATEMENT: jAs recommended by, t ublic Works
Committee pursuant RCW 35A 47 . 0401 of $116
Electric Lightwa .Franchise �rdinance or its first reading
before CouncilZ 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 REQUIRED: $
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 COI ITTEE
,
FROM: DON WICKSTROW01
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.
Mailing Address:
Electric Lightwave, Inc.
e _.. _. .... ....Vancouver,
.... . n 98662
_ Post ice Box 4959
ELECTRIC
V er Washington
_7 LIGI'IrWAVE Corporate Office:
204 S.E. Stonemill Drive, Suite 280
Vancouver, Washington 98684
(206)892-1000 Fax:(206)253-8934
Portland.(503)284-0000
Seattle:(206)447-8400
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
huge 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.
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ELECTRIC..... .
LIGHTWAVE
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
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�I ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, granting unto Electric
I Lightwave, Inc. , a Delaware corporation,
its successors and assigns, the right,
privilege, authority and franchise for ten
II years, to construct, maintain, operate,
replace and repair a telecommunications
system, in, across, over, along, under,
through and below certain designated public
rights-of-way and public properties of the
City of Kent, Washington.
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
I (hereinafter the "City") , hereby grants to Electric Lightwave,
. Inc. , a corporation organized under the laws of the State of
Delaware (hereinafter "ELI") , its heirs, successors, legal
representatives and assigns, subject to the terms and conditions
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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
lin the City of Kent, as approved under City permits issued
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pursuant to this franchise.
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j Section 2 . Non-Exclusive Franchise Grant. This
franchise is granted upon the express condition that it shall not
in any manner prevent the City from granting other or further
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franchises in, along, over, through, under, below or across any
of said right-of-ways, streets, avenues or all other public lands
and properties of every type and description. Such franchise
, shall in no way prevent or prohibit the City from using any of
jsaid 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,
j maintenance, establishment, improvement, dedication of same as ;
11the City may deem fit, including the dedication, establishment,
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maintenance, and improvement of all new rights-of-ways,
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
I remove from any street any of its installations when so required
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by the City by reason of traffic conditions or public safety,
` dedications of new right-of-ways and the establishment and
improvement thereof, freeway construction, 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 ELI shall in all such cases
i have the privilege to temporarily bypass, in the authorized
portion of the same street upon approval by the City, any section
of cable required to be temporarily disconnected or removed.
If the City determines that the project necessitates the
relocation of ELI ' s then existing facilities, the City shall:
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a) At least sixty (60) days prior to the commencement
iof such improvement project, provide ELI with written notice
requiring such relocation; and
I� b) Provide ELI with copies of pertinent portions of
the plans and specifications for such improvement project and a
proposed location for ELI ' s facilities so that ELI may relocate
iits facilities in other City right-of-way in order to accommodate
such improvement project.
c) After receipt of such notice and such plans and
specifications, ELI shall complete relocation of its facilities
at no charge or expense to the City so as to accommodate the
improvement project at least ten ( 10) days prior to commencement
of the project.
ELI may, after receipt of written notice requesting
ja relocation of its facilities, submit to the City written
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
otherwise necessitate relocation of the facilities. If so
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11 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
!� the event the City ultimately determines that there is no other
reasonable alternative, ELI shall relocate its facilities as
otherwise provided in this Section.
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� The provisions of this Section shall in no manner
preclude or restrict ELI from making any arrangements it may deem
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appropriate when responding to a request for relocation of its
facilities by any person or entity other than the City, where the
lfacilities to be constructed by said person or entity are not or
will not become City-owned, operated or maintained facilities,
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provided that such arrangements do not unduly delay a City
j1construction project.
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Section 4 . ELI ' s Maps and Records. After construction
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is complete, and as a condition of this franchise, ELI shall j
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j provide to the City upon request and at no cost, a copy of all as
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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
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 I
iof trench safety systems.
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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
right-of-way or other public property without a permit, except as
lotherwise provided in this franchise ordinance. During the
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, progress of the work, ELI shall not unnecessarily obstruct the I
passage or proper use of the right-of-way, and shall file as
�jbuilt plans or maps with the City showing the proposed and final j
( location of the cable.
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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
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
safety 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
( sole cost and expense.
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
1lprotection of property, life, health or safety of individuals
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Ijwithout first applying for and obtaining a permit as required by
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l� this franchise. However, this shall not relieve ELI from the
jrequirement of obtaining any permits necessary for this purpose,
and ELI shall apply for all such permits not later than the next
Iisucceeding day during which the Kent City Hall is open for
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Section 8 . Dangerous Conditions Authority for City to
Abate. Whenever construction, installation or excavation of
Ilfacilities authorized by this franchise has caused or contributed
jto a condition that appears to substantially impair the lateral
( support of the adjoining street or public place, or endangers the
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! public, an adjoining public place, street utilities or City
i� property, the Public Works Director may direct ELI, at ELI 's own
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expense, to take actions to protect the public, adjacent public i
places, City property or . street utilities; and such action may
include compliance within a prescribed time.
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In the event that ELI fails or refuses to promptly take
ill actions directed by the City, or fails to fully comply with
lsuch directions, or if emergency conditions exist which require
jimmediate action, the City may enter upon the property and take
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,Isuch actions as are necessary to protect the public, the adjacent
streets, or street utilities, or to maintain the lateral support
thereof, or actions regarded as necessary safety precautions; and
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ELI shall be liable to the City for the costs thereof. j
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.
( ELI shall further be subject to all permit fees associated with j
,iactivities undertaken through the authority granted in this
franchise ordinance or under the laws of the City. Where the
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City 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
such costs and expenses directly to the City. In addition to the
labove, 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.
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Section 10. City's Reservation of Rights. Pursuant to
Section 35 . 21. 860 of the Revised Code of Washington (RCW) , the
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i City is precluded from imposing a franchise fee on a telephone
business as defined in RCW 82 . 04 . 065, except for administrative
i 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
j` administrative expenses or taxing, if ELI ' s operations as
authorized by this franchise change so that not all uses of the
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.
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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
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j� 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
I� property of which the negligent acts or omissions of ELI, its
agents, servants, officers or employees in performing this
franchise are the proximate cause. ELI further releases,
covenants not to bring suit and agrees to indemnify, defend and
hold harmless the City, its officers and employees from any and
all claims, costs, judgments, awards . or liability to any person
(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
virtue of the City' s permitting ELI ' s use of the City's
i rights-of-way or other public property based upon the inspection
or lack of inspection of work performed by ELI, its agents and
lservants, 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 or pursuant to any other
permit or approval issued in connection with this franchise.
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
jexcavation, construction, or work in any public right-of-way or
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Mother public place in performance of work or services permitted j
jiunder this franchise.
{I Inspection or acceptance by the City of any work
11performed by ELI at the time of completion of construction shalt'
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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
limay 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
I 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
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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
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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. j
The provisions of this Section shall survive the
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expiration or termination of this franchise agreement.
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Section 12 . Insurance. ELI shall procure and maintain
for the duration of the franchise, insurance against claims for
injuries to persons or damages to property which may arise from
or in connection with the exercise of the rights, privileges and
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authority granted hereunder to ELI, its agents, representatives
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or employees. ELI shall provide a copy of such insurance policy
to the City for its inspection prior to the adoption of this
franchise ordinance, and such insurance shall evidence:
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1 . Automobile Liability insurance with limits no less
Ii than $1, 000, 000 Combined Single Limit per accident
for bodily injury and property damage; and
2 . Commercial General Liability insurance policy
written on an occurrence basis with limits no les
than $1, 000, 000 Combined Single Limit per
occurrence and $1, 000, 000 aggregate for personal
I injury, bodily injury and property damage.
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II Coverage shall include but not be limited to:
blanket contractual; products/completed operations;
broad form property; explosion, collapse and
underground (XCU) ; and Employer ' s Liability.
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 ELI.
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I� The insurance obtained by ELI shall name the City, its
' officers, employees and volunteers as insureds with regard to
activities performed by or on behalf of ELI . The coverage shall
Ii 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
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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. ELI ' s
insurance shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance
maintained by the City, its officers, officials, employees or
volunteers shall be excess of ELI ' s insurance and shall not
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contribute with it. The insurance policy or polices required by
this clause shall be endorsed to state that coverage shall not be i
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.
II Any failure to comply with the reporting provisions of
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the policies required herein shall not affect coverage provided
to the City, its officers, officials, employees or volunteers.
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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
abandonment or removal of ELI ' s cable and facilities must be
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first approved by the Public Works Director, and all necessary
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Section 14 . Commencement of Construction. Construction
II 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.
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lSection 15. Bond. Before undertaking any .of the work,
installation, 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
, 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.
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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.
Section 17 . Forfeiture and Revocation. If ELI
willfully violates or fails to comply with any of the provisions j
, of this franchise, or through willful or unreasonable negligence 'I
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fails to heed or comply with any notice given ELI by the City
�lunder the provisions of this franchise, then ELI shall, at the
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election of the Kent City Council , forfeit all rights conferred j
hereunder and this franchise may be revoked or annulled by the
ICouncil 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
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damages and costs incurred by the City by reason of ELI 's failure
to comply.
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Section 18 . Remedies to Enforce Compliance. In
!iaddition to any other remedy provided herein, the City reserves
•,fthe right to pursue any remedy to compel or force ELI 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. i
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Section 19 . City Ordinances and Regulations. Nothing
herein shall be deemed to direct or restrict the City' s ability
to adopt and enforce all necessary and appropriate ordinances
( regulating the performance of the conditions of this franchise,
i including any reasonable ordinance made in the exercise of its
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police powers in the interest of public safety and for the
welfare of the public. The City shall have the authority at all
times to control by appropriate regulations the location,
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elevation, and manner of construction and maintenance of any
fiber optic cable or cable facilities by ELI, and ELI shall
promptly conform with all such regulations, unless compliance
would cause ELI to violate other requirements of law.
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Section 20. Cost of Publication. The cost of the
publication of this Ordinance shall be borne by ELI .
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Section 21. Acceptance. After the passage and approval
i of this Ordinance and within sixty days after such approval, this
( franchise shall be accepted by ELI by its filing with the City
Clerk an unconditional written acceptance thereof . Failure of
ELI to so accept this franchise within said period of time shall
be deemed a rejection thereof by ELI, and the rights and
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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.
jI Section 22 . Survival. All of the provisions,
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; conditions and requirements of Sections 3 , Relocation of
; Telecommunication Facilities; 5 , Excavation; 6 Restoration after
Construction; 8, Dangerous Conditions; 11, Indemnification; and
11 13 , Abandonment of ELI ' s Facilities, of this franchise shall be
I in addition to any and all other obligations and liabilities ELI
may have to the City at common law, by statute, or by contract,
and shall survive the City ' s franchise to ELI for the use of the
:iareas mentioned in Section 1 herein, and any renewals or j
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extensions thereof. All of the provisions, conditions, j
regulations and requirements contained in this franchise
Ordinance shall further be binding upon the heirs, successors,
executors, administrators, legal representatives and assigns of
IELI. 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.
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Section 23 . Severability. If any section, sentence,
; clause or phrase of this Ordinance should be held to be invalid
Ilor unconstitutional by a court of competent jurisdiction, such
Iiinvalidity or unconstitutionality shall not affect the validity
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Ilor constitutionality of any other section, sentence, clause or
� jphrase of this franchise Ordinance. In the event that any of the j
, 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 of this franchise, or may terminates.
( this franchise.
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Section 24 . Assignment. This agreement may not be
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assigned or transferred without the written approval of the City,
except ELI may freely assign this Agreement in whole or in part
j to a parent, subsidiary, or affiliated corporation or as part of
iany 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
ilprompt, written notice to the City of any such assignment.
1 Section 25 . Notice. Any notice or information required
or permitted to be given to the parties under this franchise
j agreement may be sent to the following addresses unless otherwise
specified:
City of Kent Earl Kamsky
IDirector of Public Works Vice President
I220 4th Avenue So. Electric Lightwave, Inc.
( Kent WA 98032 Post Office Box 4959
` Vancouver WA 98662
Section 26. Effective Date. This Ordinance has first
been submitted to the Kent City Attorney; granted an approving
! vote of at least a majority of the City Council at a regular
meeting after initial introduction on , 1992 ;
land been published at least once in a newspaper of general
circulation in the City of Kent. This franchise ordinance shall
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be effective thirty (30) days after execution.
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DAN KELLEHER, MAYOR
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ATTEST:
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IBRENDA JACOBER, CITY CLERK
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iI, APPROVED AS TO FORM:
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�IROGER A. LUBOVICH, CITY ATTORNEY
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PASSED the day of 1992 .
APPROVED the day of , 1992 .
PUBLISHED the day of 1992 .
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I hereby certify that this is a true copy of
Ordinance No. , passed by the City Council of the City of
i Kent, Washington, and approved by the Mayor of the City of Kent
as hereon indicated.
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(SEAL)
BRENDA JACOBER, CITY CLERK
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ELI.ORD
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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.
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Kent City Council Meeting
Date May 5 . 1992
Category Consent Calendar
1. SUBJECT: HIGHLINE WATER DISTRICT FRANCHISE ORDINANCE Ate�
2 . SUMMARY STATEMENT: As recommended b he P lic Works
Committee pursuant to CW 35A.47 . 0 0, of #ke
Highline Water Distric franchiseordinance 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. 3IA
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 Attorney's 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.
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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
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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
II
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,
Washington (the "City" herein) hereby grants to Highline Water
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
and privilege to lay down, construct, relay, connect, replace
and/or maintain such and so many pipes , conduits and mains, and all
other appurtenances, appendages and facilities thereto, in, alonc
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 thi8 franchise, the District shall have the sole
responsibility to maintain, manage, conduct and operate its water
ystem as installed within the area described in Exhibit A,
together with any additions, extensions and betterments thereto.
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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, chafacter, 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
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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 temporary
structures (such as traffic turnouts, road obstructions, etc. .
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
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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.
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
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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 to
( bring suit and agrees to indemnify, defend and hold harmless t.. .
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
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.
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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 ref
uses 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
7
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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
claims for injuries to persons or damages to property which may
arise from or in connection with the exercise of the rights,
privileges and authority granted hereunder to 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
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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
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
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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 remove
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 'tbe City shall make the final determination
on the need for relocation of the District ' s facilities.
10
I)
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 requiret 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 water
facilities when so directed by the City for the reasons ant
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
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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
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
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joint use shall not unreasonably delay the work of the party
causing the excavation to be made; (2) such joint use shall be
13
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 monumen',
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.
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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
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 Distric--
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.
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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
Ipublication 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.
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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,10 ,Nth. 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
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
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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 . SEVERABILITY. 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
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ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED the day of , 1992 •
APPROVED the day of , 1992 •
PUBLISHED the day of , 1992 •
I hereby certify that this is a true and correct copy of
Ordinance No. , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
franchis.ord
20
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.
low 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.
n
Kent City Council Meeting
Date May 5. 1992
Category Other Business
1. SUBJECT: GOLF ADVISORY COMMITTEE RECOMMENDATIONS
2 . SUMMARY STATEMENT: As recommended by the Parks Committee at
their April 27th meeting, approval of the Golf Advisory
Committee Recommendations for Riverbend Golf Complex is
requested.
3 . EXHIBITS: Recommendations 1-12
4 . RECOMMENDED BY: Parks Committee 2-0 (Johnson not present)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS: Golf Course Complex Budget
7 . CITY COUNCIL ACTION:
Councilmember_'moves, Councilmember seconds
to approve the Golf Advisory Committee Recommendations for
Riverbend Golf Complex.
t
, J
1p, �- 1
Council Agenda
"' Item No. 4A
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.
Jam"
FX
Kent City Council Meeting
Date May 5 , 1992
Category Other Business
1. SUBJECT: DRAINAGE UTILITY
2 . SUMMARY STATEMENT: 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
implement the drainage utility rate modifications and capital
improvement program be approved.,
3 . EXHIBITS: Memorandum from Publ ' Works Director, resolution,
ordinance for drainage utility ates, ordinance for water
utility rates and excerpt from ublic Works Committee minutes
4 . RECOMMENDED BY: Unanimous re ommendation of Public Works
Committee -0
(Committee, Staff, Exa 'ner, Commission, etc. )
5. UNBUDGETED FISC RSONNEL IMPACT: NO YES
FISCAL PERS L NOTE: Recommended Not Recommended
6. ENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION: lLc;la '1
r
Councilmember moves, Councilmember seconds
to:
M C4��1� to
t%�4' adopt Resolution No. 13)� adopting a five-year CIP for the
drainage utility, authorizing and approving the implementa-
tion, 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 0 Oen -
Metro sewer rate increase$, S C, 1� ;C O ec c,mode d ce rNa3 f- ne- , �'
t
��V h
adopt Ordinance No. _ �'` adopting a new drainage basin map
and changing the rate charged by the City for its storm and
k surface water utility;, ciL 1'1&(!d ce-wd- f-11 Nt0f�c%,- -'Llicied_
( 41 n
adopt Ordinance No. • u -� changing the rate charged by the
City Water Utility for customers both within and without the
F y
City limits. Cc c,,.,,.r . d cc,�3 c r: �=c� .
DISCUSSION:
ACTION:
Council Agenda
Item No. 4B x
DEPARTMENT OF PUBLIC WORKS
April 15, 1992
TO: PUBLIC WORKS CO
FROM: DON WICKSTROM\�
RE: DRAINAGE C. I.P. /UTILITY RATE
As noted in my March 31st memo (copy attached) , implementation of
the Mill Creek Flood and Erosion Control project, the Valley
Detention project and the Garrison Creek Flood and Erosion Control
project, along with adoption of new storm design standards and
providing proper maintenance should resolve the flooding problems
we have recently experienced.
While the three projects represent 92% of the planned 192
improvements, they are not fully funded. Full funding and full
implementation is not anticipated to be achieved until 1995.
Accordingly, even though approval of a 5-year CIP is sought, each
successive year will require Council approval of the planned
projects, their budgets and the respective drainage rate increase
necessary to finance same. As such, Council will maintain full
control over the implementation schedule of these projects.
For your convenience, enclosed is a map depicting the locations of
the improvements identified in the 5-year C. I.P. along with the
flood problem areas.
The only alternative to these projects and it is only a partial
alternative is to widen and reconstruct the valley channel system
to handle the excess flows. To do so, Mill Creek would have to be
reconstructed from Smith Street to 180th Street and Garrison Creek
would have to be reconstructed from 212th Street to 180th Street.
Such reconstruction would essentially be the revival of the old
Soil Conservation Service P-1 and P-2 drainage channel project.
Said project started in 1965 and died in 1981 when the valley
cities could not come up with an acceptable means to finance the
local share of the project cost. The local share was estimated at
$30, 000, 000 with Kent properties responsible for about half
thereof. With all the new environmental constraints implementation
of such a project now would probably be nearly impossible. Even if
it were possible, the valley flooding problems would merely move to
Renton where the system is both inadequate per storage and flow
capabilities. Also, the erosion problems in Mill Creek canyon and
Garrison Creek canyon and the flooding problem of the East Hill
area would still have to be addressed.
Drainage C. I .P. /Utility Rates
April 15, 1992
Page 2
As noted earlier, updating our existing storm water design
standards is an equally important factor per maintaining the flood
protection provided by these projects. We anticipate that these
standards will be brought forward for Council concurrence in
November of this year.
With this memo and the March 31st memo, I believe the concerns
raised at the March 17th Public Works Committee meeting have been
addressed.
Since movement on these projects is tied to approval of the utility
rate proposal, their implementation is, thus, being delayed. 'In
order to proceed ahead the Public Works Department recommends
approving the implementation actions reflected in the attached
March 12th memo.
TABLE 1
1992 - 1996 CAPITAL IMPROVEMENT PROGRAM
STORM CAPITAL PROJECTS
DESCRIPTION 1992 1993 1994 1995 1996 TOTAL
Mill Creek (Auburn) &
Mullen Slough Flood
Control Improvement OW 108 84 116 120 428
Green River RT Bank Levee
Improvement 04) 270 280 290 840
Valley Detention(`) 3400 2953 919 7272
Mill Creek Flood & 978 286 145 1409
Erosion Control(d)
Garrison Creek Flood &
Erosion Facilities(` 1626 853 958 1353 4790
Horseshoe Acre Storm Pump
Station 280 280
fisc Drainage Improvement 328 340 353 365 378 1764
East Hill Shop 134 134
Shops Remodel 90 90
Water Quality Sampling 104 104.
Stations
Stream Restoration &
Streamside Tree Planting 31 4 38 5 78
Lake Fenwick Restoration 100(0 100
Storm Drainage Outfall(g) 353 1782 3485 5620
Treatment Facilities
TOTAL 6536 4841 3600 3944 3988 22909
Project Costs escalated for inflation at 4 percent per year.
(a) Presently budgeted funds adequate to do 92 program.
(b) Anticipate securing Army Corps of Engineers grant for which the 1993-95 would constitute our local
match.
(c) Update schedule
(d) Combined funding for 91-93 into 1992 and moved ahead, 94 & 95 program.
e) Combined funding for 91 & 92 and adjusted balance of funding program so as not to affect rate
increase forecast.
(f) Reduced scope of work.
(g) Deferred balance of project to 1997.
(h) Project anticipated a grant which didn't materialize.
1992 - 1996 STORM CAPITAL IMPROVEMENT PROGRAM
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A OUTFALL TREATMENT FACILITIES
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11111iilili EXISTING CREEKS
DEPARTMENT OF PUBLIC WORKS
March 31, 1992
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM C)�`J
RE: DRAINAGE C. I.P. /UTILITY RATE
Of the $6, 536, 000 proposed for the 192 drainage improvements,
$6, 004 , 000 thereof is targeted for three projects:
$ 978 , 000 - Mill Creek Flood and Erosion Control;
$3 ,400, 000 - Valley Detention;
$1, 626, 000 - Garrison Creek Flood and Erosion Control
Facility
Upon implementation of these projects, the adoption of new storm
design standards, and providing proper maintenance, the flooding
problems we have recently experienced -should be resolved.
The purpose of Mill Creek Flood and Erosion Control project is to
address the creek' s flooding in the area of Smith Street to Central
Avenue. The flooding is obviously the result of too much water but
of equal importance is the fact that the channel ' s capacity has
probably been silted in due to upstream erosion. Previous state of
the art hydraulic modeling denotes that for the City' s design storm
event (25 year, 12 hour storm) flows could be contained within the
channel by further restricting the release rate at the Earthworks
Park outlet structure. The approach taken per this project is to
address Mill Creek Canyon erosion, provide additional storage as an
added safety margin and provide increased control over flow release
rate.
The proposed funding would enable us to determine the optimum
solution and establish a total project cost therefor. Such
additional costs would be reflected in subsequent year' s C. I .P.
The original budget should also be adequate to do some
construction; however, it probably wouldn't occur until mid-93 or
even 194 , depending on the permit morass we may get into.
The purpose of the Valley Detention project is to provide flood
protection along Mill Creek down stream of S .E. 222nd. As such,
the 212th Street flooding and the 180th Street flooding would be
mitigated. The project diverts high flows in Mill Creek over to
the Lagoon area and then temporarily stores same until the storm
event has crested upon which it releases the stormwater both into
the river and back into Mill Creek.
Two Hundred Seventy-Five (275) acre feet of stormwater storage is
being provided by this project. There is also some levee work
along Mill Creek to contain the flows within the channel. The 192
monies will enable the engineering plans to be completed, develop
a project budget for the U.L. I.D. and subsequent years ' C. I .P. s and
acquire some of right of way. Construction will probably occur in
194 through 196 and is, again, dependent on what kind of permit
morass we may get into.
The purpose of the Garrison Creek Flood and Erosion Control project
is to address the flooding problems in the East Hill areas south of
240th Street and through the East Hill Shopping Center. It will
also address erosion problems in Garrison Creek Canyon and flooding
in the valley along the channel from 212th to 180th Street. The
project involves storm drain construction in the East Hill 240th
Street area for conveyance along with one or two upper detention
basins. It also involves constructing a lower detention basin in
the vicinity of SR 167 and 212th Street to control downstream
valley flooding. The 192 funding is adequate to complete
construction plans for the East Hill facilities along with
acquiring some right of way and doing some initial construction.
Once construction plans are developed, a budget for subsequent
years ' C. I .P. can then be established.
The intent is to get some work under construction this year with
the bulk of the Upper East Hill system scheduled for 93/94 . The
Lower Garrison would follow in 95/96. Of all the projects, the
Upper East Hill facility has probably the fewest permit problems
and, thusly, is the most "doable" in a timely manner.
With respect to Drainage District #1, we have asked the City
Attorney to review the legalities per dissolution of the District.
We have also asked about an interlocal agreement whereby we take
over their maintenance responsibilities. In discussing this with
Renton, they are open to suggestions one way or another. While the
District plays a key role per maintaining flood control via its
maintenance of the valley channel system, portions of said channel
system (10, 000 LF north of 196th Street) have been classified by
D.O.E. as a contaminated site. Thus, were we to take it over, the
City would be saddled with the cleanup costs. Additionally, we
could have similar problems in other areas of their channel system.
While improvements proposed per the Drainage Utility will both
resolve the flooding issue and reduce the need for channel
maintenance, perhaps, in the long term, control over the channel
system should also be the responsibility of our utility. If
Council so directs, we will pursue this issue.
DEPARTMENT OF PUBLIC WORKS
March 12, 1992
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM N
RE: DRAINAGE UTILITY RATES
This issue was referred to the Committee for a recommendation
thereon.
As such, attached is the packet from the last Council meeting along
with the minutes from the hearings.
To resolve some of our drainage problems, as denoted at the
hearings, implementation of the drainage proposal is necessary. To
do so, the following Council actions are necessary:
o Adopt 5-Year CIP for the Drainage Utility; `
o Authorize implementation of the first year' s improvements
thereof;
o Approve the financing proposal therefor as denoted in January
3rd memo from Public Works Director;
* Approve Ordinance implementing 1991 Drainage rates;
* Approve transfer of $2 , 030, 000 to project funds from
unencumbered sewerage funds;
* Approve $706, 000 (approximately) project reallocations;
o Establish the respective project -budgets for the first year' s
improvements;
o Direct the City Finance Director to establish interim
financing as needed for the first year ' s improvements;
0 Direct the City Finance Director to proceed with the sale of
storm drainage revenue bonds;
o Approve Ordinance # modifying the water rates and
incorporating therein a summer and winter water rate and
adjusting the water fund budget to reflect same;
o Authorize the absorption of Metro ' s 1992 sewer rate increase.
DEPARTMENT OF PUBLIC WORKS
January 3, 1992
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM DW
RE: FINANCIAL PLAN AND REVENUE PROGRAM FOR STOP14
DRAINAGE UTILITY
As discussed at the December 17th Public Works Committee meeting,
I have reviewed the original C.I.P. for the above referenced Plan
and Revenue Program and propose the amendments as noted on the
attached. said amendments reflect both 1) updating thereof (it was
originally prepared with the intent to implement in August or
September) ; and 2) focusing in on the immediate flooding problems.
By this updating and focusing, the proposed first year capital
improvement program increases by $1, 651, 000 to $6,536,000 . .
(originally $4,885,00) . While the proposed utility rate increase
was predicated on the $4,885,000 first year's program, no change in
the proposed rates is recommended. Instead, it is proposed to
finance the difference via combination of unencumbered sewerage
funds and project funding reallocation. The original first year's
C.I.P. was proposed to be financed as follows: .
$3,800,000 Bond
1.085,000 Unencumbered Sewerage Funds
TOTAL $4,885,000 -
The amended first year's C.I.P. is proposed to be financed as
follows:
$3,800,000 Bonds
2,030,000 Unencumbered Sewerage Funds
. 706,000 Project Reallocation 0)
TOTAL $6, 536,000
$424,000 Lower Garrison Creek project (D37)
217, 000 James Street Storm (D50)
65, 000 Upper Mill Creek (D42)
.. $706, 000
Adequate funds exist within the unencumbered fund balance of the
sewerage utility fund to make this additional transfer. Neither
the sewer utility's operating budget or its capital improvement
program will be impacted. Also, said transfer would not affect the
proposed absorption of Metro's 92 rate increase.
As was also mentioned at the December 17th Public Works Committee,
attached is a table which hopefully clarifies the financial effect
on individual customers of this combination rate increase /
decrease / absorption.
RESOLUTION NO.
A RESOLUTION of the City of Kent,
Washington, adopting a five year Capital
Improvement Plan for the drainage utility,
establishing budgets, authorizing sale of
storm drainage revenue bonds, and absorption
of the 1992 METRO sewer rate increase.
WHEREAS, the City desires to establish a new
comprehensive program for the City' s drainage utility by
establishing rate modifications and a new Capital Improvement Plan;
and
WHEREAS, a budget for the Capital Improvement Plan must
be established to incorporate the drainage utility program; and
WHEREAS, incorporated into the drainage utility program
are rate modifications to the storm and surface water utility and
the City water utility, which rate modifications will be
established by separate ordinance; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. In order to implement a new comprehensive
drainage utility and Capital Improvement Program for storm drain
improvements, the following actions are hereby approved and
adopted:
A. A five year Capital Improvement Plan for the
drainage utility set forth in Exhibit A attached hereto.
B. The first year's capital improvements and the
budgets established for the same, as set forth in Exhibit A
attached hereto.
C. The financing proposal set forth in the January 3
memo from the Public Works Director set forth hereto as Exhibit B.
D. Adoption of an ordinance modifying drainage utility
rates and adjusting the budget to reflect the same.
E. Adoption of an ordinance modifying water utility
rates and incorporating therein a summer and winter water rate, and
adjusting the water fund budget to reflect the same.
F. Absorption of METRO's 1992 sewer rate increase by
the City of Kent.
G. Authorization for the Finance Director to establish
.interim financing as needed for the first year's improvements.
H. Authorization for the Finance Director to proceed
with a program for sale of storm drainage revenue bonds.
Passed at a regular meeting of the City Council of the
City of Kent, Washington this day of , 1992 .
Concurred in by the Mayor of the City of Kent, this
day of , 1992 .
DAN KELLEHER, MAYOR
ATTEST:
BRENDA JACOBER, DEPUTY CITY CLERK
2
TABLE 1
1992 - 1996 CAPITAL IMPROVEMENT PROGRAM
STORM CAPITAL PROJECTS
DESCRIPTION 1992 1993 1994 1995 1996 TOTAL
Mill Creek (Auburn) &
Mullen Slough Flood
Control Improvement 00) 108 84 116 120 428
Green River RT Bank Levee
Improvement 0 ) 270 280 290 840
valley Detention(` 3400 2953 919 7272
Mill Creek Flood & 978 286 145 1409
Erosion Control(" —
Garrison Creek Flood &
Erosion Facilities(` 1626 853 958 1353 4790
Horseshoe Acre Storm Pump
Station 280 280
isc Drainage Improvement 328 340 353 365 378 1764
East Hill Shop 134 134
Shops Remodel 90 90
Water Quality Sampling 104 104
Stations
Stream Restoration &
Streamside Tree Planting 31 4 38 5 78
Lake Fenwick Restoration 1000) 100
Storm Drainage Outfa11(g) 353 1782 3485 5620
Treatment Facilities
TOTAL 6536 4841 3600 3944 3988 22909
Project Costs escalated for inflation at 4 percent per year.
(a) Presently budgeted funds adequate to do 92 program.
(b) Anticipate securing Army Corps of'Engineers grant for which the 1993-95 would constitute our local
match.
(c) Update schedule
(d) Combined funding for 91-93 into 1992 and moved ahead, 94 & 95 program.
0 Combined funding for 91 & 92 and adjusted balance of funding program so as not to affect rate
increase forecast.
(f) Reduced scope of work..
(g) Deferred balance of project to 1997. EXHIBIT
(h) Project anticipated a grant which didn't materialize.
DEPARTMENT OF PUBLIC WORKS
January 3, 1992
TO: PUBLIC WORKS COMMITTEE _
FROM: DON WICKSTAOt4
RE: FINANCIAL PLAN AND REVENUE PROGRAM FOR STOP14
DRAINAGE UTILITY
As .discussed at the December 17th Public Works Committee meeting,
I have reviewed the original C.I.P. .for the above referenced Plan
and Revenue Program and propose the amendments as noted on the
attached. Said amendments reflect both 1) updating thereof (it was
originally prepared with the intent to implement in August or
September) ; and 2) focusing in on the immediate flooding problems.
By this updating and focusing, the proposed first year capital
improvement program increases by $1, 651,000 to $6,536,000
(originally $4,885,00) . While the proposed utility rate increase
was predicated on the $4,885,000 first year's program, no change in
the proposed rates is recommended. Instead, it is proposed to
finance the difference via combination of unencumbered' sewerage
funds and project funding reallocation. The original first year's
C.I.P. was proposed to be financed as follows: .
$3,800,000 Bond
1,085,000 Unencumbered Sewerage Funds
TOTAL $4,885,000 '
The amended .first year's C.I.P. is proposed to be financed as
follows:
• $3,800,000 Bonds
2,030,000 Unencumbered Sewerage Funds '
706,000 Project Reallocation of
TOTAL $6,536, 000
$424,000 Lower Garrison Creek project (D37)
217, 000 James Street Storm (D50)
65.000 Upper Mill Creek (D42)
.. $706, 000
Adequate funds exist within the unencumbered fund balance of the
sewerage utility fund to make this additional transfer. Neither
the sewer utility's operating budget or its capital improvement
program will be impacted. Also, said transfer would not affect the
proposed absorption of Metro's 92 rate increase.
As was also mentioned at the December 17th Public Works Conaittee,
attached is a table which hopefully clarifies the financial effect
on individual customers of this combination rate increase /
decrease / absorption,
EXHIBITS
�I
f
ORDINANCE NO. j
i
AN ORDINANCE of the City of Kent,
j Washington, relating to the storm and
j surface water utility, adopting a new
Drainage Basins Map and changing the rate
charged by the City storm and surface
water utility to its customers for
service, amending Kent City Code (KCC)
Sections 7 . 20. 010, . 030, . 160 and .210;
(Ordinances 2325 and 2547) .
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
h HEREBY ORDAIN AS FOLLOWS:
i
Section 1. The Drainage Basins Map, attached to this
Ordinance as Exhibit A. is hereby adopted by the City of Kent for
use in conjunction with the administration of the Kent Storm and
�ISurface Water Utility Code, Kent City Code Chapter 7 . 20.
Section 2 . Kent City Code Section 7 .20. 010 (Ordinance
�! 2325) is amended to read as follows:
7 .20.010. POTENTIAL HAZARD DECLARED. The City Council
finds and declares that absent effective regulation and
control, existing storm and surface water drainage
conditions in all drainage basin(s) within the City
generally described in the ( (a) ) map filed with the City
� t
E)iHIBIEP T o
�
Clerk as the Drainage Basins Map ( ( —��_���
!, Grdinanee 292S ,-) ) constitute a potential hazard to
health, safety and property of City inhabitants. The
City Council finds further that natural and man-made
i
� I
storm and surface water drainage or sewerage facilities I
together constitute a storm and surface water drainage._
facility and that effective regulation and control of
I
storm and surface water in all stream basins and
financing of the facilities requires joint regulations,
control and financing with some or all of the cities of
Auburn, Renton, Tukwila and Des Moines and King County,
Washington (the "County") pursuant to Chapters 35. 67 and
39 . 34 RCW, and Article 11, Section 11, of the Washington
ii State Constitution, and that the best interests of the
City require the formation by the City of a storm and
isurface water utility and the transfer to the utility of
all storm and surface water-courses and related rights
belonging to the City.
Section 3. K.C.C. Section 7. 20. 030 (Ordinance 2325) is
I; I
amended to read as follows:
i
7 .20.030. STORM AND SURFACE WATER SYSTEM. There i
hereby specified and adopted the original system or plan
'I of the storm and surface water facilities described as
set forth on the map filed with the City Clerk as the
Drainage Basins Map, ( ( lBIT r } d 2a25) ) and
i
which shall include all properties, interest, physical
and intangible rights of every kind or nature owned or
held by the City, however acquired, insofar as they
relate to or concern storm or surface water sewerage,
further including without limitation, all such
properties, interest and rights acquired by adverse
possession or by prescription, directly or through
t
another, in and to the drainage or storage, or both, or �
storm or surface waters, or both, through, under or over ,
lands, landforms, watercourses, sloughs, streams, ponds,
rivers, lakes and swamps, all beginning, in each case or
instance at a point where storm or surface waters first
enter the storm or surface water system of the City an
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II
Ii I�
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I
I
ending in each case or instance at a point where such
storm or surface waters exit from the storm or surface i
water system of the City, and in width to the full extent
'! of inundation caused by storm or flood conditions.
Section 4 . K.C.C. Section 7. 20. 160 (Ordinance 2325) is
(, amended to read as follows:
7 .20. 160. DEFINITION - Storm and Surface Water System.
The total system of storm and surface water facilities as
described in KCC 7 . 20. 030 (the Drainage Basins Map ( (map
I'
I'•
section 5. K.C. C. 7. 20. 210 (Ordinance 2547) is amended
jl
! to read as follows:
I '
�j 7.20.210 . CHARGES. The following charges are hereby
established for all parcels of real property in the City
I� of Kent:
A. Residential Parcels: The single-family residential
charge rate shall be one dollar and seventy-five
cents ($1. 75) ( ($() . 92) ) per month for each parcel
having one residential dwelling plus the basin-
specific charge of KCC 7 . 20.210 (D) .
ii
j D. Basin-Specific Charges: The City shall have all
�I
lawful powers and authorities to fix, alter,
regulate and control charges within specific basins
j and sub-basins. The purpose of the power and
authority granted herein is to provide for charging
i
3
i
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1
parcels of one basin or sub-basin for improvements,
studies, or extraordinary maintenance which
specifically and solely benefit the property owners
thereof. The basin-specific charges are as
�I follows:
Basin Charge
$/ESU/Month
j!
Westside
i
(K M D E & Lake Fenwick (L) 0. 01
i
Eastside
Mill Creek
Upper (G) ( (1.533) ) 2 . 63
Lower (A) ( ( 58r2) ) 2 . 76
LID #306 ( ( ) ) Q ( (9. 146) ) 0. 48
Garrison Creek
Lower (B) ( (1. 191) ) 1. 23
i
Upper (J & I) ( (1. 1 ) ) 1. 09 i
Direct (C) ( (8-64'9) ) 0. 36
All Other 0. 0
Section 6. Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section
or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity
of the remainder of this ordinance, or the validity of its
it application to other persons or circumstances.
li
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4
li �
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iI
Section 7 . Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its passage,
i
[I� approval and publication as provided by law. The rates authorized
by this ordinance shall be effective as to the utility customers as
h of July 1, 1992 .
I!
i.
DAN KELLEHER? MAYOR
I'.
II ATTEST:
jBRENDA JACOBER, CITY CLERK
;I
I„
!! APPROVED AS TO FORM:
li
',I ROGER A. LUBOVICH, CITY ATTORNEY
ii
i1PASSED the day of , 1992 •
iAPPROVED the day of , 1992 •
i
' PUBLISHED the day of , 1992 .
I hereby certify that this is a true and correct copy of
Ordinance No. passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent as
: hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
strate.ord
i
5
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IVA
1
Kim
HE
HE
B milli
man$®°` ` CAM '
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to water rates,
changing the rate charged by the City
water utility to its customers for
service, both within and without the
City limits; amending Kent City Code
(KCC) Sections 7 . 06. 860 and 7 . 06. 880
(Ordinance 2370, 2495) .
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent City Code (KCC) Section 7 . 06.860
(Ordinance 2370, 2495) is amended to read as follows:
7 .06.860 WATER RATES WITHIN THE CITY OF KENT.
(1) The monthly rate from October 1 to April 30th is
one dollar and ( (shy) ) twenty-four cents ( ($1.64) )
1. 24 per one hundred cubic feet plus a monthly
demand charge for service and meter and from May 1
to September 30th the monthly rate is one dollar and
sixty-four cents ($1 64) per one hundred cubic feet
plus a monthly demand charge for service and meter.
The monthly demand charge for service and meter is
as follows:
5/8 inch x 3/4 inch 2 . 20
1 inch 2 . 45
1-1/2 inch 3 . 30
2 inch 4 . 00
3 inch 13 .95
4 inch 16. 80
II�
I
I�
6 inch 28 . 10
I 8 inch 37 . 59
10 inch 48 . 46
{
(2) For lifeline qualified water service customers,
the monthly rate is forty-five cents ($0. 45) per
hundred cubic feet plus a monthly demand charge for w
�I service and meter as set forth in KCC 7 . 06. 860 (1) .
1
(3) Eligibility criteria for lifeline rate shall
be as established by City Council.
Section 2 . KCC Section 7 . 06.880 (Ordinance 2370, 2495)
is amended to read as follows:
7.06.880. WATER RATES OUTSIDE CITY OF KENT.
(1) The monthly rate from October 1 to April 30th is
one dollar and sixty-four cents ($1. 64) ( (twe del ar
{62 .88}) ) per one hundred cubic feet plus a monthly
demand charge for service and meter, and from May 1 to
September 30 the monthly charge is two dollars ($2 . 00)
per hundred cubic feet plus a monthly demand charge for
service and meter. The monthly demand charge for
service and meter is as follows:
5/8 inch x 3/4 inch 2 . 20
1 inch 2 . 45
1-1/2 inch 3 . 30
2 inch 4 . 00
3 inch 13 . 95
4 inch 16. 80
6 inch 28 . 10
8 inch 37 . 59
10 inch 48 . 46
`B
2
(2) For lifeline qualified water service customers, the
monthly rate is forty-eight cents per hundred cubic feet
plus a monthly demand charge for service and meter as set
Jforth in KCC 7 . 06.880 (1) .
I
(3) Eligibility criteria for lifeline rate shall be as
established by City Council.
Section 3. Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section
or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity
of the remainder of this ordinance, or the validity of its
application to other persons or circumstances.
Section 4. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its passage,
approval and publication as provided by law. The rates authorized
by this ordinance shall be effective as to the utility customers as
of July 1, 1992 .
DAN KELLEHER, MAYOR
3
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED the day of 1992 •
APPROVED the day of , 1992 .
PUBLISHED the day of 1992 •
I hereby certify that this is a true and correct copy of
Ordinance No. , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
Wrates.ord
4
Public Works Committee
April 21, 1992
Page 2
West Hill Storm Improvements - Bid Opening
Wickstrom commented that six bidders responded to this project with
R. L. Alia submitting the low bid. The Committee unanimously
recommended awarding the contract to the low bidder.
Green River Levee Improvements
Wickstrom explained the contractor has completed work on this
project and we are recommending the contract be accepted as
complete. Wickstrom explained the cost increases were due to some
emergency levee work north of 212th adjacent to Boeing and the
Meeker Street fix required more backfill due to the additional
erosion that occurred between the development of the plans and
start of the actual work. The Committee unanimously recommended
acceptance of the contract with J.L.R. , Inc. for the Green River
Levee Improvements as complete.
Bill of Sale - Echo Glen Heights
Wickstrom stated the developer has completed construction of the
utility improvements required for this development and recommended
the City accept the improvements for operation and maintenance.
The Committee unanimously recommended approval.
Drainage Utility
Jim White stated he had met with Don Wickstrom to discuss the
utility rate increase further. He stated his concerns were that
the proposed projects were not going to be enough to solve the
problems but Wickstrom assured him that these projects along with
updated development standards would solve the problems we have
recently been experiencing. Wickstrom indicated the updated
development standards should be before the Council by the end of
this year. With that, the Committee unanimously recommended the
approval of the actions necessary to implement the drainage utility
rate modification as detailed in the March 12 memo from the Public
Works Director.
Public Works Transportation Section Project Work Plan
Wickstrom reviewed the list of transportation projects and
explained they required about 9 FTEs where we only have 3
available. White questioned why the 224th/228th corridor was not
on the list. Wickstrom explained that would fall initially into
the design section project list. , Paul Mann responded he was
pleased to see the priority given to the Kent-Des Moines Highway,
James Street and Central Avenue projects. Don Wickstrom introduced
l-
Kent City Council Meeting
Date May 5. 1992
Category Other Business
1. SUBJECT: EMERGENCY MANAGEMENT OPERATIONS PLAN
2 . SUMMARY STATEMENT: 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.
3 . EXHIBITS: Summary of Statement of the Plan; Table of Contents;
Mission Statements; Annex B Continuity of Government
4 . RECOMMENDED BY: Public Safety Committee (vote 2-0 Johnson not
present)
(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 ) �� cuv,.� moves, Councilmember lX 11y seconds
the Mayor be authorized to sign the City of Kent' s Emergency
Management Operations Plan.
DISCUSSION•
ACTION:
Council Agenda
Item No. 4C x
SUMMARY STATEMENT OF THE EMERGENCY MANAGEMENT OPERATIONS PLAN
The Emergency Management Plan for the City of Kent is composed of three basic parts:
HAZARD VULNERABILITY ANALYSIS
This portion of the plan identifies the various types of incidents that could occur within the City.
This analysis considers the types of incidents that have occurred and the probability of their
occurring again. Those events that have not occurred in recent history are also considered, based
on several factors that are present in the City. Examples being severe earthquakes, volcanic
eruptions and large floods.
The Hazard Vulnerability Analysis provides us with the reasonable level of expectations of what
we need to plan for and how to lessen the impact of these events on our citizens. Using the
assumptions from the analysis, we can also identify the number, type and location of resources
necessary for response and recovery to a major disaster.
BASIC PLAN
Within this section, the framework for the City's Emergency Management program is identified.
This section contains the Mission Statement for the City's Emergency Management program as
well as identifying the Organization, Execution, Administration, and Direction and Control.
Also the plan states how the City's efforts are dovetailed with those of the County, State and
Federal programs.
ANNEXES AND APPENDIXES
This section names the functions that will occur during an emergency and which group is
responsible for providing the necessary services. Twenty six separate functions are identified.
Under this section, each function identifies the outside resources along with a brief statement as
to their role in supporting the City's effort.
TABLE OF CONTENTS
TITLE
FORWARD
TABLE OF CONTENTS
HAZARD VULNERABILITY ANALYSIS
BASIC PLAN
1. Mission and Situation
2. Organization and Responsibility
3. Execution
4. Administration and Logistics
5. Direction and Control
EMERGENCY PLAN ANNEXES APPENDIXES & TABS IDENTIFICATION
ANNEX A DIRECTION, CONTROL & LIAISON
Appendix 1 Emergency Management Organization
Appendix 2 ECC Operations
Tab A ECC Procedures
Tab B Executive Group Checklist
ANNEX B CONTINUITY OF GOVERNMENT
Appendix 1 Successor to the Mayor
Appendix 2 Relocation Sites
ANNEX C EMERGENCY RESOURCE MANAGEMENT
ANNEX D WARNING
Appendix 1 Plan for Sequential Calls
Appendix 2 Warning Call Lists for Attack or Alert Warnings
Appendix 3 Warning Point Checklist
ANNEX E EMERGENCY INFORMATION
Revised 4/92
Table of Contents Continued
ANNEX F OPERATIONS REPORTS
Appendix 1 Damage Assessment & Reporting Procedures
Appendix 2 Resource Group Checklist
Appendix 3 Intelligence Reports Checklist
ANNEX G NATURAL DISASTERS
Appendix 1 Director's Emergency Checklist - Major Alarm Fire
Appendix 2 Director's Emergency Checklist - Storm Warnings
Appendix 3 Director's Emergency Checklist - Mass Casualty
Appendix 4 Director's Emergency Checklist - Earthquake
Appendix 5 Director's Emergency Checklist - Civil Disturbance
Appendix 6 Director's Emergency Checklist - Hazardous Materials
Appendix 7 American Red Cross
ANNEX H MOVEMENT
Appendix 1 Movement
Appendix 2 Shelters
Tab A Red Cross Shelters
ANNEX I MANPOWER
ANNEX J WELFARE SERVICES
Appendix 1 Checklist of Personal Services in Emergencies
ANNEX K MEDICAL AND HEALTH SERVICES
Appendix 1 Hospital Emergency Department Classifications
Appendix 2 Mortuary Services
ANNEX L COMMUNICATIONS
Appendix 1 Description of Communications Equipment in ECC
Appendix 2 Communications Officer Checklist
Appendix 3 Communications Section Standard Operating Procedures
ANNEX M SUPPLY SERVICES
ANNEX N TRANSPORTATION
Revised 4/92
Table of Contents Continued
ANNEX O RADIOLOGICAL, CHEMICAL AND BACTERIOLOGICAL DEFENSES
Appendix 1 SOP's for NUDET Sightings & Reporting
Appendix 2 SOP's for Fixed Station Monitoring Network
Appendix 3 SOP's for General Monitoring Operations
Appendix 4 SOP's for RADEF Staff Officers in the ECC
ANNEX P LAW ENFORCEMENT
Appendix 1 Movement-to-Shelter
ANNEX Q FIRE SERVICES
Appendix 1 Reciprocal Mutual Aid Plan
ANNEX R PUBLIC WORKS
Appendix 1 General Information
ANNEX S SEARCH AND RESCUE
ANNEX T MILITARY SUPPORT
ANNEX U RELIGIOUS AFFAIRS
ANNEX V EMERGENCY ADMINISTRATIVE PROCEDURES
ANNEX W EMERGENCY FISCAL PROCEDURES
ANNEX X TRAINING AND EDUCATION
ANNEX Y UTILITIES
Appendix 1 Operations Division Public Works Department
Appendix 2 Natural Gas
Appendix 3 Telephones
Appendix 4 Power Division
ANNEX Z INCREASED READINESS
ADDENDUM
Revised 4/92
BASIC PLAN
I. MISSION AND SITUATION
A. MISSION
1. To provide a basic plan for the City of Kent that will result in minimizing
to the greatest degree possible, man-made or natural disasters.
2. To utilize the present City Government structure and identify responsibility
of each department: who does what, when and where in a disaster or
emergency situation.
3. To recognize our responsibility to support other Government Agencies as
well as receiving their support if and when conditions warrant and
resources are available.
4. To assure that maximum resources (public and private) are used effectively
to cope with disaster.
5. To be consistent with County, State and Federal regulations and
procedures.
6. To establish procedures for direction, control, and coordination of
emergency apparatus to the type, magnitude and phase of the disaster.
7. To provide for dissemination of warning information to all Department
heads and personnel of the City of Kent and to the general population of
the City of Kent.
8. To include an adequate damage assessment system for decision making,
direction, control and reporting purposes.
9. To provide capabilities of search and rescue operations in a disaster.
10. To pre-determine the types of disasters which pose the greatest threat to
life and property within the City of Kent.
Revised 4/92
1
CITY OF KENT
EMERGENCY MANAGEMENT OPERATIONS PLAN
ANNEX B
CONTINUITY OF GOVERNMENT
I. MISSION AND SITUATION
A. MISSION
1. To assure continued operation of government during a disaster.
2. To preserve and protect records essential to the continued functioning of
government.
3. To establish emergency relocation sites for City Government where
essential operations may continue during a disaster.
4. To establish emergency lines of succession for elective and appointive
positions in all branches of the City Government.
B. SITUATION
1. A major disaster in the City of Kent could result in a great loss of life and
property, possible death or injury of key officials of government and the
partial or complete destruction of established seats of government. A
disaster could also cause the loss of public and private records essential to
the continued operation of government and industry. Effective and
continued governmental leadership would be of paramount importance in
minimizing the effects of a disaster and in managing essential recovery
operations.
II. ORGANIZATION AND RESPONSIBILITIES
A. ORGANIZATION
1. The existing framework of City Government is to be retained.
2. The Chief of the Fire Department has been designated by the Mayor as the
Director of Emergency Management.
Revised 4/92
B-1
3. The Emergency Management functions of various departments of City
Government are controlled by the department head or his/her designated
representative (See ANNEX A).
B. RESPONSIBILITIES
1. The head of each department of City Government is responsible for
implementation of this plan in their department. They shall designate the
succession to command, not less than three (3) deep, by position rather
than by name of incumbent. They shall be responsible for keeping the
portion(s) of this plan that are pertinent to his function(s) at all times
current and coordinating changes to SOP, separately published
instructions, etc., with the Director of Emergency Management.
2. The Mayor, City Administrator and City Council are responsible for
supervision of, and providing impetus to, the Emergency Management
program throughout the departments of City Government.
3. The Emergency Management Director is responsible for coordination
between the departments and for technical assistance to the department
heads. He acts as the agent of the governing body of the City of Kent.
III. EXECUTION
A. CONCEPT OF OPERATIONS
All elected and appointed heads of government and governmental agencies and
departments will, in normal day-to-day operations, assure that all successors to
their respective positions are aware of their responsibilities in order to assure
continuity of government. In addition, they will assure that essential records are
preserved and adequately protected.
B. STRATEGIC WARNING
Upon receipt of strategic warning of an impending attack, representatives of all
City departments assigned emergency responsibilities will send representatives to
the Emergency Coordination Center (ECC) and will assure that appropriate
reference materials are taken with them to assure continuity of operations.
Revised 4/92
B-2
C. TACTICAL WARNING
Upon receipt of a tactical warning (attack has occurred) the Director of
Emergency Management or his/her legal successor, and the heads of city
departments or their successors, will immediately proceed to the City Emergency
Coordination Center along with an appropriate number of staff personnel and
reference documents and materials.
D. NATURAL DISASTER OR OTHER EMERGENCY
Upon receipt of a warning of impending weather or other conditions that could
result in wide-spread damage to the City and its citizens, or in the event of an
accident of major consequence, the Director of Emergency Management or his/her
legal successor, will immediately proceed to the Emergency Coordination Center
(ECC). He/She will recommend to the Mayor and City Administrator the extent
to which the ECC should be activated and staffed to cope with the situation. The
Mayor will direct the appropriate heads of the city departments or agencies, or
their representatives, to proceed to the ECC along with appropriate assistants and
reference documents and materials.
IV. ADMINISTRATION AND LOGISTICS
Administrative and logistical support for individuals assigned responsibilities for
continuity of government, will be that normally provided to emergency operating centers.
V. DIRECTION AND CONTROL
A. DIRECTION
Direction of all essential operations during an emergency will be accomplished by
city departments and agencies concerned in accordance with applicable plans and
established standard operating procedures.
B. CONTROL
1. The Mayor (or his/her legal representative) and the heads of city
departments (or their legal successor) will control all emergency operations
in accordance with applicable laws, generally acting through the Director
of Emergency Management.
Revised 4/92
B-3
2. Existing communications systems, which are a part of the regularly
constituted Emergency Management Organization, and those normally
utilized by City Departments, will be utilized to control Emergency
Operations (SEE ANNEX L).
APPENDIX
1 - Successor to the Mayor
2 - Relocation Sites
Revised 4/92
B-4
APPENDIX 1 (SUCCESSORS TO THE MAYOR)
TO ANNEX B (CONTINUITY OF GOVERNMENT)
TO THE CITY OF KENT EMERGENCY OPERATIONS PLAN.
SUCCESSORS TO THE MAYOR OF KENT
Succession of leadership is provided in City Ordinance Title I,
Section 4 and 5.
Section I ORGANIZATION
Ordinance 1536; 2-14-56
Elect President of Council - The Council shall elect from the members a President of the
Council, who shall preside at all meetings of the Council when the Mayor is not present and who
shall act as Mayor and assume the authority and perform the duties hereof whenever there is a
vacancy in the office of Mayor or he/she is absent from the City or unable for any cause to
discharge the duties of his/her office.
Successors to the Mayor of Kent have been designated as follows:
1) President of the City
/Council
2) D '.i •�(J7F (`n inr'1 Urn_TPm
el
Revised 4/92
B-1-1
APPENDIX 2 (RELOCATION SITES)
TO ANNEX B (CONTINUITY OF GOVERNMENT)
TO THE CITY OF KENT EMERGENCY OPERATIONS PLAN.
RELOCATION SITES
LOCATION
The primary ECC is presently located in the Kent City Hall Complex at 220 4th Avenue South.
With the future site being located at the Fire/Police Training Center, 24611 116th Ave SE.
The secondary ECC will be the mobile command unit stationed in the area
of the City close to the disaster.
Revised 4/92
B-2-1
Kent City Council Meeting
Date May 5. 1992
\\ Category Bids
1. SUBJECT: WEST HILL STORM DRAINAGE IMPROVEMENTS
2 . SUMMARY STATEMENT: Bid opening was held April 17 with six
bids received. A low bid wsas bmitted b Company
R. L. Alia Com
in the amount of $278, 591. _ ' u - recommendWihe bid be
accepted.p ��� H' 7� So � 1?. �v- :rz'dZ��
Czl/\'
Ce-
3 . EXHIBITS: Memo from Publircommendation
Works Director, bid summary and
excerpt from Public Worksmmittee minutes
4 . RECOMMENDED BY: Unanimous of Public Works
Committee -0
(Committee, Staff, Examin r, Commission, etc. )
5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO X YES
FISCALJPERSONNEL NOTE: Recommended Not Recommended
6 . EXPENDITURE RE UIRED: $
SOUR OF FUNDS:
7. CITY COUNCIACTION:
Councilmember � move Councilmember ���� seconds
the contract for the We Storm Drainage Improvements be
awarded to R. L. Alia ompan the bid amou t of $278, 591.
DISCUSSION•
ACTION:
liT� f
Counci Ager da
Item No. 5A W
DEPARTMENT OF PUBLIC WORKS
April 21, 1992
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM 4'
RE: WEST HILL STORM DRAINAGE IMPROVEMENTS
Bid opening for this project was April 17 . Six bids were received.
The low bidder was R.L. Alia Company for the bid amount of
$253 , 265. 24 . Construction costs are estimated to be $278,591.
Following is a summary of the bids received.
We have $336, 000 appropriated in the Miscellaneous Drainage
Improvement fund for this project. It is recommended the contract
for the West Hill Storm Drainage Improvement project be awarded to
R.L. Alia Company.
BID SUMMARY
R.L. Alia Company $253 , 265. 34
Scotty's Gen. Const. $259, 293 . 90
Merlino Construction $285, 745. 00
Tri-State Construction $290, 574 . 61
Como Contractors $336, 614 . 20
Westwater Construction $349, 315. 20
Engineer 's Estimate $237, 434 . 20
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Public Works Committee
April 21, 1992
Page 2
West Hill Storm Improvements - Bid Opening
Wickstrom commented that six bidders responded to this project with
R. L. Alia submitting the low bid. The Committee unanimously
recommended awarding the contract to the low bidder.
Green River Levee Improvements
Wickstrom explained the contractor has completed work on this
project and we are recommending the contract be accepted as
complete. Wickstrom explained the cost increases were due to some
emergency levee work north of 212th adjacent to Boeing and the
Meeker Street fix required more backfill due to the additional
erosion that occurred between the development of the plans and
start of the actual work. The Committee unanimously recommended
acceptance of the contract with J.L.R. , Inc. for the Green River
Levee Improvements as complete.
Bill of Sale - Echo Glen Heights
Wickstrom stated the developer has completed construction of the
utility improvements required for this development and recommended
the City accept the improvements for operation and maintenance.
The Committee unanimously recommended approval.
Drainage Utility
Jim White stated he had met with Don Wickstrom to discuss the
utility rate increase further. He stated his concerns were that
the proposed projects were not going to be enough to solve the
problems but Wickstrom assured him that these projects along with
updated development standards would solve the problems we have
recently been experiencing. Wickstrom indicated the updated
development standards should be before the Council by the end of
this year. With that, the Committee unanimously recommended the
approval of the actions necessary to implement the drainage utility
rate modification as detailed in the March 12 memo from the Public
Works Director.
Public Works Transportation Section Proiect Work Plan
Wickstrom reviewed the list of transportation projects and
explained they required about 9 FTEs where we only have 3
available. White questioned why the 224th/228th corridor was not
on the list. Wickstrom explained that would fall initially into
the design section project list. Paul Mann responded he was
pleased to see the priority given to the Kent-Des Moines Highway,
James Street and Central Avenue projects. Don Wickstrom introduced
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC WORKS COMMITTEE
D. PLANNING COMMITTEE /
E. PUBLIC SAFETY COMMITTEE
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS
OPERATIONS COMMITTEE MINUTES
City Clerk
April 20, 1992
COMMITTEE MEMBERS PRESENT: Christi Houser
Leona Orr
Jim White
COUNCIL MEMBERS PRESENT: Jon Johnson
Paul Mann
STAFF PRESENT: Jan Banister
Ed Chow
Robb Dreblow
Jim Hansen
Dan Kelleher
Charles Lindsey
Roger Lubovich
Tony McCarthy
Alana McIalwain
Tammy McQueeney
Kelli O'Donnell
Patty Roseto
Ron Spang
Bruce Weissich
MEMBERS OF THE PUBLIC: Suzette Cooke
Bill Doolittle
Vern Dwight
Ted Loudenback
Jean Parietti
UNIDENTIFIED STAFF &
MEMBERS OF THE PUBLIC Approximately 10 people were present that were
not identified to the Committee.
The meeting was called to order at 5:30 p.m. by Chairperson Houser.
Approval of Vouchers
All claims for the period ending April 15, 1992, in the amount of $2,688,129.12 were approved for
payment.
Special Assessment System Selection
Customer Services Manager Lindsey informed the Committee that the memorandum in the agenda packet
outlined the recommendation for the special assessment system selection. Finance Director McCarthy added
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OPERATIONS COMMITTEE MINUTES, CONT.
April 20, 1992
that once this system is removed from the Sperry, the City will save operating costs. Committeemember
White asked what would happen to the Sperry computer. McCarthy replied it would be surplused for
whatever the City can sell it for and there will be considerable maintenance cost savings.
Committeemember Orr moved to approve the recommendation for the purchase of a special assessment
system. White seconded the motion which passed with a vote of 3-0.
Council Computer Access
Information Services Director Spang reviewed with the Committee the costs of installing terminals in th e
homes of councilmembers at approximately$6,580 with some credits for a personal computer and the two
modems currently in use by councilmembers and a spare terminal provided from Public Works. White
asked if the modem could be used with his current computer. Spang responded that there would be
additional software costs to emulate a Hewlett Packard as well as support complications if councilmembers
all have different computers. Orr asked if any printer could be connected. Spang replied that they could
be added but he had tried to keep the proposal as simple as possible.
During further discussion, the Committee indicated that this item should be looked at as part of the budget
process.
Deletion of Vacant Positions
City Administrator Chow noted that this item had been agreed to at the Council retreat. McCarthy
reviewed with the Committee the information from the agenda. He noted that exhibit A outlined the
positions vacant during the 1992 budget process which included the positions from 1991 that had not been
filled. Exhibit B corrected some errors from the original printout as well as listing 1991 positions approved
but never filled separately from vacant positions from attrition. There are a total of 26 "general fund"
positions vacant and 12 "other fund" vacancies. These vacancies have been offset by a salary credit to
balance the budget. Elimination of these positions would also eliminate the salary credit. The Executive
Committee proposes keeping the luring freeze in effect and evaluating future vacancies on a case-by-case
basis.
During discussion of the vacancies, the committeemembers noted that it was their understanding at the
Council retreat that only the 1991 positions never filled would be eliminated. Councilmember Mann
addressed the Committee requesting that the 15 positions for Police and Fire not be eliminated. He pointed
out that if the Council wipes out the positions, Police and Fire will have to come back for each position.
Houser noted that the City can't pay for the positions if they don't have the money. Mann stated that he
understood that but he would propose that they keep the positions on the slate so that as revenue increases
those positions could be filled before others. Houser stated that she was not adverse to Mann's proposal
but other departments may have critical needs also. Orr noted that she had no problem with frozen
positions until we can't do it anymore, but in some areas the need is there now. She recommended that
vacancies be looked at on a case-by-case basis as well as department-by-department for some cuts.
After further discussion, McCarthy informed the Committee that the books for March had just been closed
and Finance will be working on the 1992/1993 forecasts in the next week. The reduction of the
contingency funds and one time transfers to balance the 1991 budget does have an effect on the financial
2
OPERATIONS COMMITTEE MINUTES, CONT.
April 20, 1992
position of the City. In addition, Boeing has announced some additional layoffs; building permits are still
questionable and labor negotiations are in progress. Standard and Poor's has given the City a "negative
outlook" even though we maintained an A+ rating. McCarthy added that the first quarter utility taxes
won't be received until the end of April.
When asked if it would make any difference if the positions were left on the books, McCarthy responded
that it gives the impression to the departments that they will be filled even though it does not look like that
is a possibility at this time. The Committee decided to leave the positions alone until further information
is received for the 1992 forecast.
Full Time Mayor Position
Chairperson Houser questioned the need to consider this item now. Houser asked if it would be more
appropriate to wait until 1993 if the change is proposed for 1994. Suzette Cooke informed the Committee
that the Chamber of Commerce Board of Directors feel it would be beneficial to come to a conclusion so
that if it is decided to commit to a full time mayor position, there is time to develop impacts on other
positions. She noted that the Chamber supports a full time mayor effective 1994.
Houser pointed out that the Council cannot hire or fire staff, they can only set dollar amounts. She noted
the drawback of setting dollar amounts is that people in different departments can end up doing the work
which would not show up in the administrative budget. Councilmember Johnson stated that he felt it was
important to make the decision this year for two reasons: 1) since this can be a political decision, deciding
now would remove it from an election year; 2) reorganization now would give advance notice for staff to
look elsewhere if Council uses their authority to allocate funds. Houser questioned taking action outside
of the budget process. Johnson stated a decision could be made now and the budget amended tomorrow.
He stated that the Council needed to exert leadership.
White moved to make the mayor's position full time effective January 1, 1994 with the City Administrator's
duties being transferred to the mayor at that time.
Councilmember Mann addressed the Committee. Mann stated that a"ship needs a captain especially if the
ship is in a storm. After further comment, he read a memorandum' to the committee proposing the
elimination of two vacant positions in Administration to fund a full time mayor immediately which would
result in some surplus funds to be returned to the general fund. He added that if the City needed a full
time mayor in 1994, the City needs it now. Mann distributed an ordinance* that would increase the
mayor's salary and make it a full time position when the ordinance is enacted. He also passed out a cover
memorandum to Judy Woods* which details the financial impact.
White responded that the City currently operates with a part time mayor with a city administrator. He
stated that, it sounds like the City Administrator is not capable". He noted that, the Assistant City
Administrator leaving will not bring the City to a halt. Mr. Chow functions as the CEO and should be able
to run the City." White pointed out that he felt that the mayor ran as a part time mayor and it would be
a breach of public trust to change the position in mid-term.
Copy Attached
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OPERATIONS COMMITTEE MINUTES, CONT.
April 20, 1992
Orr stated that she could not justify using vacant position savings to fund a full time mayor. She also
questioned the timing. Mann stated that the mayor is the CEO. He felt White was referring to a
manager/mayor form of government with the major difference being a manager can hire and fire while an
administrator cannot do this. White disagreed noting that an administrator can.
Mayor Kelleher stated that whether the Council decided to go with Committeemember White's proposal or
Councilman Mann's proposal or nothing at all, there was no need to act immediately. The City government
can function with whatever decisions the City Council makes. Kelleher stated that he did have a few
concerns for the Committee's consideration since the proposals affect the mayor's position and
administrative section. "Avoid layoffs and terminations. Kelleher noted that he has advocated no layoffs
for all departments since the hiring freeze began. He said that careful consideration should be taken before
making a decision to set a dollar amount lower than allotted for a new CEO to work in. Instead of playing
"FTE musical chairs", the Mayor stated his preference to make Administration smaller through attrition.
Kelleher distributed a handout* showing the size of Administration since 1983. He pointed out that in
1983 there were 5 FTE positions. Since that time the City Clerk and Civil Service have moved under
Administration even though they operate independently and are there more as a budget "catch all". He
noted that with the recent resignations there are only 6 FTE's and in 1983 the Mayor was under a separate
budget area. He concluded his comments by again asking the Committee to avoid any layoffs and to work
within the budget year for predictability.
Committeemember White distributed an ordinance' that would enact his proposal. City Attorney
Lubovich stated that the ordinances were the same except for the effective date and Committeemember
White's ordinance combined the duties of the full time mayor with the city administrator. White added that
it was his intent to put to rest the issue of a full time mayor. Houser stated that she felt the date of a full
time mayor seemed to be the main issue. She stated that she would like to look at the ordinances but the
Committee could recommend to the Council making the mayor's position full time and let the full council
decide the effective date.
After further discussion, a Saturday Market vendor addressed the Committee. She noted that she was
concerned about the future of the Market. She stated that she has lived in Kent for ten years and seen
small business come and go. She asked the Committee to support the Saturday Market staying in Kent.
Councilmember Mann asked that a job description for a manager in a manager/council form of government
and an administrator in a mayor/administrator form of government be prepared for the Committee and
Council to look at.
It was decided to bring the item back to the next Committee meeting after Committeemembers have had
the time to review the information presented.
Chairperson Houser adjourned the meeting at 6:50 p.m.
*'Copy Attached
4
MEMORANDUM
DATE: April 20, 1992
TO: Operations Committee
FROM: Paul Mann
SUBJECT: FULL TIME MAYOR PROPOSAL
A few weeks ago, at an Operations Committee meeting, I introduced
a proposal to establish a full time mayor for the City of Kent.
My proposal suggested making the position full time effective
immediately. Subsequent to the meeting, I spoke to
Administration regarding the issue. Although not objecting to a
full time mayor proposal, Administration was concerned about
immediate implementation because of the impact on the budget,
which was not foreseen as feasible given the current budget
situation. Furthermore, the Mayor was reluctant to terminate or
lay off any employees in order to create funds for immediate
implementation of a full time mayor position.
As you know, Jim Hansen has recently accepted a position outside
the state and will be leaving employment with the City of Kent.
Additionally, another position, the Public Information
Coordinator, has recently been vacated. In order to immediately
implement a full time mayor position, I am offering, as a
proposal for consideration, eliminating these two positions and
utilizing the funds currently allocated to these positions for
salary and benefits to make up any increase in salary and
benefits for a full time mayor. This should result in an
additional surplus which could be put back into the general fund.
This proposal would satisfy the Mayor' s desire not to terminate
or lay off any current positions and allow the Council, if it so
wishes, to implement a full time mayor program immediately.
cc: Mayor Dan Kelleher
City Councilmembers
ftmayor.mem
i1
I
ORDINANCE NO.
AN ORDINANCE of the City of
Kent, Washington, relating to the
Mayor' s salary and changing the
position from part-time to full-
time; amending Chapter 2 . 02 KCC, to
amend Section 2 . 02 . 010 and delete
Sections 2 . 02 . 020, 2 . 02 . 030 and
2 . 02 . 040 (Ordinances 2947, 1977) .
WHEREAS, the growing needs and demands of the City of
Kent require the services of a full-time, rather than part-time
mayor; and
WHEREAS, as a result of the change from full-time to
y
part-time, the Mayor' s salary must necessarily increase to reflect
the amount of time devoted to service; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1 . Kent City Code (KCC) Chapter 2 . 02 (Ordinances
1977 , 2947) is hereby amended to read as follows:
2 . 02 . 010. BASE SALARY. The base salary of the Mayor of
the City of Kent, Washington, shall be Six Thousand Three-Hundred
Eighty Dollars (S6 380. 00) ( ( ; �8) ) per month, said
compensation reflecting the fact that the position of Mayor of the
City of Kent is ( ( ) ) considered to be a full-time position. In
addition to such salary, the Mayor of the city shall be entitled to
receive all benefits associated with full-time employment with the
City, as established by City policy for this position. Such
benefits may be adjusted from time to time on a City-wide basis,_
1
in accordance with City policy Any adjustments increasing
benefits beyond those provided to full time employees and any
increases in salary shall be by ordinance Pursuant to RCW
35A. 12 . 070.
( ( .
19ase sala ether than these
representative ar delegate of the Git
twenty five dellars_���
fer me-re than sevent
the event
that the mayelr . en
l
i
I
Section 2 . Effective Date. This ordinance shall take
effect and be in force thirty (30) days from the time of its final
passage as provided by law.
DAN KELLEHER, MAYOR
2
ATTEST:
BRENDA JACOBER, DEPUTY CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED the day of 1992 .
APPROVED the day of , 1992 .
PUBLISHED the day of 1992 .
I hereby certify that this is a true and correct copy of
Ordinance No. , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
BRENDA JACOBER, DEPUTY CITY CLERK
I
Imayor.ord
3
MEMORANDUM
TO: JUDY WOODS, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: PAUL MANN, COUNCIL MEMBER
DATE: APRIL 20, 1992
SUBJECT: FULL TIME MAYOR POSITION
Attached is an ordinance amending the current City code raising the Mayor's salary from $18, 132
to $76,567, as well as taking the position from a part-time to.a full time position. The proposed
new salary was computed by averaging the salary of the mayors of Auburn and Renton. The total
annualized financial impact of the salary plus benefits equals $99,537.
Also enclosed is an ordinance amending the 1992 budget ordinance to eliminate the remaining
budget funds for the Assistant City Administrator and the Public Information Coordinator. As you
know, the Assistant City Administrator's position will be vacant sometime in May, and the Public
Information Coordinator position was recently vacated.
The following shows the saving both on an annualized basis and as it impacts the 1992 budget.
ANNUALIZED 1992 BUDGET
BASIS AS OF 5/1/92
TOTAL SALARY AND BENEFITS
Full time mayor position $ 99,537 $ 66,358
Eliminate
- Part-time mayor position (19,583) (13,025)
- Asst. City Admin. position (88,615) (46,457)
- Public Information Coordinator 33 376 31 936
NET GENERAL FUND SAVINGS $(42,037) $(25,060)
Through the implementation of this proposal, the City Council can make the transition to full-time
mayor immediately, while simultaneously generating $42,000 in savings for the General Fund.
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ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to the positions Of mayor
and city administrator, repealing Chapters
2 . 02 and 2 . 08 of the Kent City Code
(Ordinances 1494 , 1754 , 1977 , 2137 , and 2947) ,
and adding a new chapter, 2 . 02 .
WHEREAS, the growing needs and demands of the City of
Kent require the services of a full time mayor, rather than a part-
time mayor; and
WHEREAS, as a result of the change from full time to
part-time position, the mayor' s salary must necessarily increase to
reflect the amount of time devoted to service; and
WHEREAS, since the duties of full time mayor would in
many instances duplicate those of the city administrator, it is
desirable to eliminate the position of city administrator; NOW,
, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT HEREBY ORDAINS AS
FOLLOWS:
Section 1. Kent City Code Chapter 2 . 02 (Ordinances 1977
and 2947) and Chapter 2 . 08 (Ordinances 1494 , 1754 and 2137) are
hereby repealed.
Section 2 . There is hereby enacted a new chapter, 2 . 02 ,
as follows:
i
2 .02 .010. AUTHORITY OF THE MAYOR. The mayor shall be
the chief executive and administrative officer of the City, in 1
charge of all departments and employees, with authority to
designate assistants and department heads, and to delegate
authority for the appropriate administration of City. government.
2 .02 . 020. SALARY. The base salary of the mayor of the
City of Kent, Washington, shall be Six Thousand Three Hundred j
I
Eighty Dollars ($6, 380. 00) per month. Said compensation shall
reflect the fact that the position of mayor is considered to be a
i
full time position. In addition to such salary, the mayor of the
City shall be entitled to receive all benefits associated with full
time employment with the City as established by City policy for
this position. Such benefits may be adjusted from time to time, on
a City-wide basis, in accordance with City policy. Any adjustments J,
increasing benefits beyond those provided to full time employeeF
and any increases in salary shall be by ordinance pursuant to RCW
35A. 12 . 070.
2 . 02 . 030. DUTIES. The duties of the mayor are
established pursuant to RCW 35A. 12 . 090 through . 100, including, but I
not be limited to, the following:
A. General supervision of the administration of City
government and all City interests;
B. Execution and enforcement of all contracts and
agreements made with the City;
C. Presiding over all meetings of the City Council
when present.
D. Reporting to the Council concerning affairs of the
City in its financial and other needs;
2
I
i
E. Preparation and submitting to the Council of a
proposed budget;
F. Acting as official and ceremonial head of the City.
G. Other duties related to the administration of City
government.
Section 3 . Effective Date. This ordinance shall take
effect and be in force
DAN KELLEHER, MAYOR
ATTEST:
I
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED the day of , 1992 •
APPROVED the day of , 1992 .
PUBLISHED the day of , 1992 •
3
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.
Public Works Committee
April 21, 1992
Page 2
West Hill Storm Improvements - Bid Opening
Wickstrom commented that six bidders responded to this project with
R. L. Alia submitting the low bid. The Committee unanimously
recommended awarding the contract to the low bidder.
Green River Levee Improvements
Wickstrom explained the contractor has completed work on this
project and we are recommending the contract be accepted as
complete. Wickstrom explained the cost increases were due to some
emergency levee work north of 212th adjacent to Boeing and the
Meeker street fix required more backfill due to the additional
erosion that occurred between the development of the plans and
start of the actual work. The Committee unanimously recommended
acceptance of the contract with J.L.R. , Inc. for the Green River
Levee Improvements as complete.
Bill of Sale - Echo Glen Heights
Wickstrom stated the developer has completed construction of the
utility improvements required for this development and recommended
the City accept the improvements for operation and maintenance.
The Committee unanimously recommended approval.
Drainage Utility
Jim White stated he had met with Don Wickstrom to discuss the
utility rate increase further. He stated his concerns were that
the proposed projects were not going to be enough to solve the
problems but Wickstrom assured him that these projects along with
updated development standards would solve the problems we have
recently been experiencing. Wickstrom indicated the updated
development standards should be before the Council by the end of
this year. With that, the Committee unanimously recommended the
approval of the actions necessary to implement the drainage utility
rate modification as detailed in the March 12 memo from the Public
Works Director.
Public Works Transportation Section Project Work Plan
Wickstrom reviewed the list of transportation projects and
explained they required about 9 FTEs where we only have 3
available. White questioned why the 224th/228th corridor was not
on the list. Wickstrom explained that would fall initially into
the design section project list. Paul Mann responded he was
pleased to see the priority given to the Kent-Des Moines Highway,
James Street and Central Avenue projects. Don Wickstrom introduced
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.
CITY OF L"L��
pR9WaT
CITY COUNCIL PLANNING COMMITTEE MINUTES
APRIL 21, 1992 4 : 00 PM
COMMITTEE MEMBERS PRESENT OTHER CITY STAFF
Leona Orr, Chair Tom Brubaker
Jim Bennett Ed Chow
Jon Johnson
PLANNING STAFF GUESTS
Lin Ball Craig Larsen, King County
Sharon Clamp Lisa Majdiak, King County
Jim Harris
Fred Satterstrom
Alice Shobe
GROWTH MANAGEMENT UPDATE - (F. SATTERSTROM)
Planning Manager Fred Satterstrom introduced Craig Larsen and Lisa
Majdiak of King County who spoke about the Growth management
Planning Council (GMPC) . The GMPC is currently implementing
countywide policies to guide jurisdictions in making revisions to
their comprehensive plans. These policies are to be adopted by
July 1, 1992 . Mr. Larsen explained that the GMPC is made up of
five King County Councilmembers and County Executive Tim Hill, two
councilmembers and Mayor Norm Rice from the City of Seattle, and
six members from the Suburban Cities within King County who are
councilmembers and mayors . The GMPC has been reviewing policies
which have been prepared by a liaison group comprised of planning,
finance and public works directors throughout King County. At the
liaison group ' s last meeting tentative approval was given to a
package of policies to submit for public comment. There will be
four public meetings in April and May to explain the countywide
policies which will be followed by a series of public hearings.
After the public hearings, the GMPC will reconvene to consider the
public comments received, amend the policies, and send the policies
to the County Council for adoption and to the suburban cities for
ratification. They will become effective when ratified by 30% of
the jurisdictions representing at least 70% of the population of
the County. Once ratified, they will serve as the guidelines
CITY COUNCIL PLANNING COMMITTEE MINUTES
APRIL 21, 1992
PAGE 2
suburban cities will use to amend their comprehensive plans. The
new comprehensive plans are due July 1, 1993 .
Lisa Majdiak distributed a countywide planning policies draft and
a proposed urban growth area map. She noted that the County has
established tighter boundaries than through the 1985 County plan.
Areas which were originally designated as urban are redesignated as
rural in order to make the centers concept work. Because of the
Growth Management Act requirement to link infrastructure and
finance with land use planning, the County has discovered that it
cannot afford to provide services to unincorporated areas which
were designated as urban. The County is currently in the process
I
f working with cities to agree on boundaries. The policies state
that islands of unincorporated areas shall not be left, city
boundaries shall not overlap, and cities will not be allowed to
annex into the rural areas. The policies also clearly set up
cities as being the preferred provider of local urban services, and
address exceptions where cities may contract when they work with
special districts. In the future, it is possible that the boundary
review board could be abolished.
The official GMPC policy package will be ready in one week. City
of Kent staff will review the major issues and present them to the
Planning Committee at its May 5 , 1992 meeting. Mr. Larsen
volunteered to meet again with the Committee or have other county
staff attend.
SOOS CREEK PLAN (J. HARRIS)
Planning Director Harris displayed a map of the Soos Creek Plan and
a discussion of the boundaries and zoning followed.
UPDATE ON EMERGENCY SEVERE WEATHER SHELTER PROGRAM (L. BALL)
Senior Planner Lin Ball reported that the Emergency Severe Weather
Shelter Program began in January 1991 in response to local human
services agencies ' request for help to shelter the homeless during
the winter months. The agencies were concerned because they were
having to turn people away and were unable to serve single men and
women. The program which was implemented provided motel vouchers
on nights when the temperature was 35 degrees or lower or snow
conditions existed. The cost to run an every night shelter from
October to April proved to be cost prohibitive. The program was
funded with $15, 000 of emergency money which the Human Services
Commission set aside the year before, and administration of the
program was given to Catholic Community Services. The program has
made a positive impact in addressing the needs of the homeless
because it serves all individuals, not just families. The largest
population served was single men. In the Spring of 1991 the
CITY COUNCIL PLANNING COMMITTEE MINUTES
APRIL 21, 1992
PAGE 3
Planning Committee directed the Human Services Commission to
evaluate whether or not the program had sufficient funds to operate
through the end of 1991. As a result, the Human Services
Commission, in working with Catholic Community Services, asked for
an additional $2 , 500 in contingency funds to see the program
through the end of 1991. All but approximately $450 of the
additional $2 , 500 was used. During 1991, 934 bed nights were
provided serving 264 individuals and 119 households. There were 51
single men served, nine single women, 30 couples, 35 single women
with children, 12 single men with children and 127 two parent
families with children. The Human Services Commission granted
$17, 000 for the program for 1992 . Through March 1992 74
individuals have been served, 215 bed nights, and 52 households.
All statistics are unduplicated numbers. This program has provided
the first good statistics of the homeless population in Kent. The
City Council Planning committee also wanted the City to look at a
longer term solution for more permanent shelter for the homeless.
The coalition which developed the severe weather shelter program
came back together to address this issue and identified single men
as the group with the greatest need and the only group in south
King County who do not have any options. This became a City
Council priority for 1991-1992 .
SINGLE MEN' S SHELTER UPDATE (A. SHOBE)
Planner Alice Shobe reported that progress on the single men's
shelter is going well and Catholic Community Services (CCS)
received a $120, 000 HOF grant from King County. A site still needs
to be secured, preferably a large, older house in the downtown area
that is not located in a single family neighborhood. Councilmember
Bennett mentioned that there is a City-owned house located next to
Kent Memorial Park which may be a possibility. The Parks Committee
voted to demolish the house and use the space for additional
parking. The demolition is on the April 21, 1992 City Council
Consent Calendar, however, Planning Committee members agreed it
could be pulled from the agenda so the shelter committee could
consider the house. Catholic Community Services, the lead agency
for the project, has hired an architect who is currently evaluating
potential sites. An application for State money has been
submitted, and federal money will be applied for in June. Catholic
Community Services will also apply for Community Development Block
Grant money from the City of Kent, which is a matching requirement
of the HOF grant.
Ms. Shobe will advise Councilmembers Orr and Johnson of the shelter
committee' s interest of lack thereof on the Kent Memorial Park
house.
CITY COUNCIL PLANNING COMMITTEE MINUTES
APRIL 21, 1992
PAGE 4
ADDED ITEM
SEA TAC ANNEXATION (J. HARRIS)
Planning Director Harris explained that the City of Sea Tac is
proposing annexation into Kent' s spear of interest. This proposal
is currently in SEPA (State Environmental Protection Act) . He
distributed a map of the proposed area and explained that the
proposal is in the area where there has been talk of a sewer
extension. Kent should be aware of when Sea Tac' s council takes
action and when it goes to the boundary review board. Until the
boundaries are determined, Mr. Harris feels the annexation proposal
is premature. It is Mr. Harris ' understanding that King County
will not entertain annexations like this right now. He also feels
the action that needs to be taken should be from the Kent City
Council or Mayor to the Sea Tac City Council. Chair Orr would like
to know what Sea Tac' s plans are for development.
Staff will update the Planing Committee at its next meeting, and
Mr. Harris recommended at a future date the Planning Committee
report to the Council as a whole on the status of this proposal.
CONDITIONAL USE PERMIT - NEIGHBORHOOD PARK (L. ORR)
Chair Orr stated that she has been asked by the Parks Department to
find out why a conditional use permit is required for a
neighborhood park. The Parks Committee would like an explanation
at a future meeting.
ADJOURNMENT
The meeting adjourned at 5 : 21 p.m.
PC0421. 92