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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/16/1992 ` ` City of Kent .' SUMMARY AGENDA KENT CITY COUNCIL MEETING June 16, 1992 Council Chambers 7 : 00 p.m. MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett Christi Houser Jon Johnson l� Paul Mann Leona Orr Jim White Q�v� CALL TO ORDER c' y ROLL CALL Y1. PUBLIC COMMUNICATIONS XKA. Kent .Community Forum Recognition X8 cZ-- I PUBLIC HEARINGS None y 13 . ONSENT CALENDAR Minutes B. Bills White River Historical Society Museum Services Agreement D• Council Absence West Hill Island Annexation - set date for public hearing - Resolution %.g / (, . Chestnut Ridge Annexation - set date for public meeting TL-Street Closure - Balloon Classic - Ordinance 3 CY Street Closure - Canterbury Faire - Ordinance =3 (- 11 7 V Street Closure - Cornucopia Days - Ordinance 3c' �/S' ✓J. Bill of Sale - Dead Tree Short Plat/Family Homes Short Plat #1 J Interagency Agreement - 196th/200th Corridor // . Interlocal Agreement - Commute Trip Reduction JM. TIB Grant - Central Avenue Improvement `7N. Used Motor Oil Collection Events JO. 1992 Jail Health Services Contract �4 . THER BUSINESS VA. Fireworks Ordinance y C y�; j ve�zi-caJ VA. 5. BIDS J A. 1992 Asphalt Overlays / 43. North Park Sanitary Sewer Rebuild `J6. CONTINUED COMMUNICATIONS 'J7. REPORTS J8 . 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. A) Kent Community Forum Recognition Aq L;- '5X CONSENT CALENDAR 3 . City Council Action: 1 Councilmember C L moves, Councilmember seconds that Cons Cal dar Items A through O be approved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of � June 2 , 1992 . &I 3B J Approval of Bills. a/ Approval of payment of the bills received through June 15, after auditing by the Operations Committee at its meeting at 2 : 00 p.m. on June 16, 1992 . r.. _r IN Approval of checks issued for vouchers: �/} Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council Agenda J Item No. 3 A B Kent, Washington June 2, 1992 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Public Works Director Wickstrom, Planning Director Harris, Fire Chief Angelo, Police Chief Crawford, Human Resources Director Olson, Information Services Director Spang, and Finance Director McCarthy. Parks Director Wilson was not in attendance. Approximately 40 people were at the meeting. PUBLIC Employee of the Month. Mayor Kelleher announced COMMUNICATION that Wayne Himple, Training Coordinator for the Police Department, has been selected as the Employee of the Month for June. He noted that Wayne is one of the most conscientious, con- tributing and productive members of this organ- ization. He further noted that Wayne ' s partici- pation in leadership roles in the Statewide Special Olympics, Police Training Officer's Organizations, Torch Run Committees, the City's Wellness Committee and Safety Committee demon- strate his personal interest in helping his fellow employees and the community. Chief Crawford noted that Wayne almost single- handedly raised over $6, 000 for the Special Olympics. He noted that he has been with the Police Department for 10 years and is an excellent officer. The Mayor presented Himple with the Employee of the Month plaque. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR G, with the exception of Item C which was removed at the request of Councilmember Bennett, be approved. Johnson seconded and the motion car- ried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of May 19 , 1992 . 1 June 2, 1992 WATER (CONSENT CALENDAR - ITEM 3D) Water Service Agreement. AUTHORIZATION for the Mayor to sign an agreement with Covington Water District allowing the construction of a water transmission main across City property, as recom- mended by the Public Works Committee. SEWER (CONSENT CALENDAR - ITEM 3E) Robinson Sewer Extension. ACCEPTANCE of the bill of sale and warranty agreement submitted by Grace Robinson for continuous operation and maintenance of approximately 371 feet of sanitary sewer exten- sion constructed in the vicinity of 94th Avenue So. and So. 232nd Street and release of cash bond after expiration of the one-year maintenance period, as recommended by the Public Works Commit- tee. STREETS (CONSENT CALENDAR - ITEM 3G) Van Doren's Landincr - Segregation of Assessments. ADOPTION of Resolution No. 1314 segregating Assessment Numbers 45 and 46 in LID 327 and Reso- lution No. 1315 segregating Assessment Numbers 6, 7 and 8 in LID 330 for the plat of Van Doren' s Landing, as recommended by the Public Works Com- mittee. PUBLIC (CONSENT CALENDAR - ITEM 3F) WORKS Underground Storage Tank Removal and Installation of Above Ground Tank. ACCEPT as complete the con- tract with CECON Construction for the underground storage tank removal project and release of retainage after receipt of releases from the State, as recommended by the Public Works Commit- tee. FINAL (OTHER BUSINESS - ITEM 4C) PLATS Hemlock Acres No. 19 Final Plat No. SU-88-4. This meeting will consider an application for the Hemlock Acres No. 19 Final Plat No. SU-88-4 . The property is approximately 3 . 66 acres in size and is located along the east side of 112th Ave. S .E. , 2 June 2 , 1992 FINAL approximately 650 feet north of S.E. 240th Street. PLATS All conditions of the preliminary plat have been met. There were no comments from the audience and ORR MOVED to approve the staff's recommended approval of Hemlock Acres No. 19 Final Plat No. SU-88-4 . (OTHER BUSINESS - ITEM 4D) Garrison Heights Final Plat No. SU-89-7. This meeting will consider an application for the Garrison Heights Final Plat No. SU-89-7 . The property is approximately 8 . 6 acres in size and is located at the southeast corner of the intersec- tion at So. 213th Place and 94th Place So. All conditions of the preliminary plat have been met. There were no comments from the audience and ORR MOVED to approve the staff' s recommended approval for Garrison Heights Final Plat No. SU-89-7 . Woods seconded and the motion carried. SHORELINE (OTHER BUSINESS - ITEM 4E) MASTER Shoreline Master Program Amendments No. SMP-90-1 PROGRAM and No. SMP-91-1 (Foster Industrial Park Lot 18) . AMENDMENTS This meeting will consider the recommended adop- tion of the Shoreline Master Program Amendments (SMP-90-1 and SMP-91-1) as recommended by the Planning Committee and as now approved by the Department of Ecology. These items were approved by the City Council at their June 4 and September 31 1991 Council meeting by Resolution No. 1295 and Resolution No. 1283 , but needed to also be approved by the Department of Ecology. Ann Watanabe of the Planning Department explained that this is the finalization of some amendments which the Council has previously approved. She noted that the Department of Ecology suggested minor revisions and that staff agreed to them. ORR MOVED to adopt the Shoreline Master Program Amendments No. SMP-90-1 and No. SMP-91-1 which have been approved by the Department of Ecology, as recommended by the Planning Committee, and to direct the City Attorney to prepare the necessary ordinance. Bennett seconded and the motion car- ried. 3 June 2 , 1992 DOWNTOWN (OTHER BUSINESS - ITEM 4F) ZONING Downtown Plan Zoning Program. This meeting will PROGRAM consider the Planning Commission's recommended approval of the Downtown Plan Zoning Program. The proposal recommends establishing three zoning districts, outlines new development standards for the downtown area, recommends a design review process for new downtown development, modifies parking requirements, design of sidewalks, and lighting of pedestrian corridors. The Planning Commission approved the proposal on February 24 , 1992 . Two City Council Workshops were held on March 30 and May 19, 1992 . Fred Satterstrom, Planning Manager, noted that while preserving the core of the downtown, the Zoning Plan strives to concentrate a mix of diverse and high intensity uses in the downtown planning area. He added that it depends upon a design review process to ensure that environmen- tal and public goals that have been adopted by the City will be preserved. He said the plan calls for long term management of parking, and that the plan is consistent with the emerging policy of the Growth Management Act. He encouraged the Council to adopt the recommendation of the Planning Com- mission. ORR MOVED to approve the proposed Downtown Plan Zoning Program (ZCA-90-6) establishing three new zoning districts, outlining new development stan- dards for the downtown area, recommending a design review process for new downtown development and modifying parking requirements, sidewalk design and lighting of pedestrian corridors, as recom- mended by the Planning Commission, with the fol- lowing modifications: 1. Delete the following uses from the proposed Principally Permitted Uses in the DC zone: launderettes, motels, public facilities, business and technical schools, preschools and daycare centers; 4 June 2 , 1992 DOWNTOWN 2 . Delete the use of churches under Special Per- ZONING mit Uses and add the following use: pre- PROGRAM schools and daycare centers limited to a maximum of 12 children with -no on-site parking; 3 . Amend the height regulations of the DC zone to permit a maximum building height of four stories; 4 . Amend the proposed zoning map recommended by the Planning Commission to indicate DCE (Down- town Commercial Enterprise) zoning in lieu of MRH (High Density Multifamily) for that area lying along Titus Street, generally between State Street and the Senior Center; and to direct the City Attorney to prepare the necessary ordinance. Woods seconded. Orr noted for White that public facilities include regional and community facilities such as libraries, government office buildings, and parks. She said that she is not advocating removing parks, but that she does not feel things such as libraries and government office buildings belong in the downtown core area, since they are not pedestrian-oriented uses. She clarified for Mann that her modifications did not go through any com- mittees, but were discussed at two workshops. She explained that she is suggesting modifications to the Planning Commission' s recommendation. Upon Mann's question, she explained that preschools and daycare centers create traffic problems, and that large daycare facilities would not be beneficial in the core area. Satterstrom stated that staff has been aware of these modifications. He showed the DC zone on a map, noting that it is not very large, approximately 13 acres. The Mayor handed the gavel to Council President Woods and noted that the fact that the DC zone is so limited takes the sting out of these restrictions. He said that his preference would be to make the zoning throughout as unrestrictive as possible. He sug- gested that, as an alternative, it might be possi- ble to allow uses such as launderetts, motels, preschools and so forth, as conditional uses 5 June 2 , 1992 DOWNTOWN rather than outright permitted uses so that there ZONING would be some review process. He explained that PROGRAM downtown will thrive better if economics are good, and economics will be better if more types of uses can be allowed in the downtown area. White pointed out that it is proposed that drive- through windows for banks be excluded in the DC zone, and asked whether they would also be excluded in the DCE zone. Orr explained that drive-through restaurants and businesses would be a conditional use in the DCE zone, and that it is a non-permitted use in DC. White noted that he would prefer that drive-throughs be allowed in both zones, but offered a friendly amendment to allow drive-through businesses under Principally Permitted Uses in DCE. He clarified for Orr that this would not include drive-through restaurants. Orr accepted his friendly amendment, as did Woods. Orr clarified for the Mayor that churches would not be permitted in the DC zone because they would take up too much room in this small area. Orr's motion, as amended, then carried. FIRE (CONSENT CALENDAR - ITEM 3C) DEPARTMENT REMOVED BY COUNCILMEMBER BENNETT Modification of Warranty Agreement - East Hill Complex. AUTHORIZATION for the Fire Department to enter into a modified agreement on the warranty phase of the East Hill project. Due to outstanding items needing corrective action, the Fire Department has not accepted the East Hill Complex as 100 percent complete. Because of the contractor's delay in completing the punch list, the time frame of this project has far extended the schedule period. The Fire De- partment is recommending that a review of the building be made. Any problems appearing to be warranty items will be brought to the contractor' s attention. When these items are resolved, this will satisfy the contractual one-year warranty period. If they are unable to complete the war- ranty items in a timely fashion, the City would proceed according to the terms of the contract. 6 June 2 , 1992 FIRE Bennett voiced concern that this project has not DEPARTMENT been finalized, and pointed out that a reputation regarding the cost of doing business in Kent may be developed, whether warranted or not. Fire Chief Angelo noted that a tremendous amount of progress has been made since this last came to Council, but that there are still three major items to be taken care of. He added that the punch list is very close to being completed, at which point the warranty would begin. He noted that they had proposed to provide a list of war- ranty-type items which, once completed, would be free of the typical one year warranty. He noted that continuing problems which would normally come under warranty would be a significant cost to the community. He encouraged the Council to approve the recommendation to end the one year warranty, which would motivate the contractor to complete the list and end his obligation. Bennett moved that Administration work with the Fire Chief in negotiating a final close-out on this project. He noted that he would like to see a final date put on the project. Angelo explained that if Council desires to close the project at this time, it would cost approximately $30, 000 to repair paint, $6, 000 to repair a leak in the roof, and $10, 000 to repair a window. He noted that he has documen- tation indicating that they have been not only thorough, but timely, and have followed up with the contractor in many areas. He indicated that he could not set a date to complete the project. He noted that the City could send the contractor a series of 10-day notices and take them to court if not complied with, but that they are very close to compliance on the major items. He pointed out that June lst was simply a target date for comple- tion. He said that modification of the warranty agreement would be an enticement for the contrac- tor to complete the items, noting that he has re- tainage tied up and it is in his best interest to finish. MANN MOVED to authorize the Fire Department to enter into a modified agreement on the warranty phase of the East Hill project. White seconded. White stated that he does not want a situation in 7 June 2 , 1992 FIRE this complex like the defective floor in the DEPARTMENT Senior Center. Mann's motion then carried. Chief Angelo thanked Bennett for his comments and assured him staff will work on his concerns. (OTHER BUSINESS - ITEM 4G) ADDED BY CITY ATTORNEY LUBOVICH Discharge of Fireworks. The Mayor noted that an item regarding adoption of an ordinance which would allow for the discharge of fireworks only on July 4 , 1992 from the hours of 9 : 00 a.m. to 12 : 00 p.m. (midnight) has been added to tonight's agenda. Fire Chief Angelo explained that King County and several jurisdictions are contemplating restricting the discharge of fireworks since the risk of fire is higher this year than in any pre- vious years due to the low moisture content in vegetation. He added that by limiting the dis- charge to certain times, staff could be upgraded during that period. City Attorney Lubovich stated that the City has adopted the State Fireworks Law which provides for the sale and distribution of fireworks between June 28 and July 6, and that the same law allows the City to be more restrictive. He said the pro- posed ordinance would allow discharge on July 4th only, from 9 : 00 a.m. to midnight, and that it does not affect the sale or ownership of fireworks between June 28 through July 6, so as not to affect the inventory of suppliers. He added that a misdemeanor penalty is included in the ordi- nance, which is required by state law, and that the ordinance would be in effect only until the end of July when the State provisions would sup- plant this ordinance. He noted that this is an emergency ordinance which would become effective immediately, and that an emergency ordinance would require at least five votes of the Council. Mann noted that the Public Safety Committee feels it is very important that information is made available to the public immediately if this ordi- nance is passed. HE MOVED that Ordinance No. 3045 relating to the discharge of fireworks within the City be adopted. Houser seconded. Upon White ' s question, Angelo noted that the amount of loss 8 June 2, 1992 FIRE varies from year to year and includes vegetation, DEPARTMENT yards, apartments catching on fire periodically, burns, injuries and grass fires. White noted that he has not seen anything to document loss due to fireworks, and Angelo explained that because people buy in one area and transport to another, it is tracked at the County level. He noted for the Mayor that every year there are grass fires, tree fires, small fires on roofs, and many com- plaints regarding the noise. He added that many jurisdictions are considering the same action for this year only, and that Fire Department personnel will be passing out flyers at fireworks stands and providing public information to the newspapers and so forth. The motion then carried with White opposed. The Mayor stated that he will not sign the ordinance and may veto it. PARKS & (OTHER BUSINESS - ITEM 4A) RECREATION Performing Arts Center Task Force Cultural Center Development Strategy Timeline and Goals. Mayor Kelleher noted that some Councilmembers had re- quested that this item be referred back to the Operations Committee. There was no objection from the Council and it was so ordered. (OTHER BUSINESS - ITEM 4B) Donation. The Kent Chamber of Commerce Foundation will contribute $5, 000 to the Canterbury Faire in 1992 , and staff requests that Council accept the donation. JOHNSON SO MOVED. Houser seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through May 29 , 1992 after auditing by the Operations Committee at its meeting at 4 : 00 p.m. on June 1, 1992 . 9 June 2 , 1992 FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 5/16-5/29/92 118610-119068 $1, 173 , 905. 89 Approval of checks issued for payroll : Date Check Numbers Amount 6/5/92 01172985-01173571 $ 463 ,730 . 26 ADJOURNMENT The meeting adjourned at 8 : 00 p.m. Brenda Jacober, CMC City Clerk 10 Kent City Council Meeting Date June 16. 1992 ! Category Consent Calendar 1. SUBJECT: WHITE RIVER HISTORICAL SOCIETY MUSEUM SERVICES AGREEMENT FOR 1992 2. SUMMARY STATEMENT: Approval of the White River Historical Society Services Agreement for 1992 with a level of funding of $2 ,500 as recommended by the Planning Committee. The amount of $2,500 was set aside in the 1992 budget. 3 . EXHIBITS: Museum Services Agreement, City Council Planning Committee minutes of June 2 , 1992 4 . RECOMMENDED BY: Planning Committee - unanimous (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 pprov 1 of the hi e River tor ical c ty Mus Servic gre e t for 92 th a vet of fu in g $2 00 is as a to ate in a 199 bu et, as mmended the Planning C ittee DISCUSSION• ACTION• Council Agenda Item No. 3C JC U 1 MUSEUM SERVICES AGREEMENT 2 3 THIS AGREEMENT is made and entered into this day 4 of , 1992 by and between the CITY OF AUBURN, 5 WASHINGTON, a municipal corporation .of the State of Washington 6 herein referred to as "CITY" , and the WHITE RIVER VALLEY 7 HISTORICAL SOCIETY, a Washington non-profit corporation, 8 herein referred to as "SOCIETY" . . 9 WHEREAS, the SOCIETY has done an excellent job in the 10 past to collect, preserve, exhibit, and interpret the history 11 and prehistory of the White River Valley and vicinity; and 12 WHEREAS, the SOCIETY now recognizes the need for 13 professional staff and other support to enable it to comply 14 with its Mission and Goals; and 15 WHEREAS, the CITY recognizes that the SOCIETY'S White 16 River Valley Historical Museum, herein referred to as 17 "Museum" , is a major asset to the citizens of Auburn and the j 18 Valley-at-large; and 19 WHEREAS, the Museum building located in Les Gove Park, 20 918 "H" Street SW, Auburn, Washington, and all artifacts, 21 archives, other historic materials, fixtures, exhibition 22 materials, furniture, equipment .and other personal property 23 therein are the sole property of the SOCIETY; except the 24 25 26 -------------------------------- Museum Agreement April 20, 1992 1 2 supplies, furniture and equipment purchased by the CITY wrc--Lch 3 shall remain the sole property of the CITY; and ; '. 4 WHEREAS, the land upon which the Museum building is . -- — 5 situated is the sole property of the CITY; and 6 WHEREAS, the CITY and the SOCIETY desire to work together 7 to continue and expand the viability and services of the 8 Museum. 9 NOW THEREFORE, THE CITY AND THE SOCIETY IN CONSIDERATION 10 OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS: 11 Article 1. Governance. 12 1. 1 Governing Body of the Museum. 13 The Governing Body of the Museum is the Board of 14 Directors of the SOCIETY. All members of the Boarc if 15 Directors shall be members of the SOCIETY and shall, as 16 their highest priority, uphold the public trust placed in 17 them and, as provided in the mission and goals statement 18 of the SOCIETY, take upon themselves all the duties and 19 responsibilities which are required under the bylaws, 20 policies, and agreements approved by the SOCIETY. 21 1. 2 Number of Board of Directors. 22 The number of Directors serving on the Board shall be no 23 more than seventeen (17) . 24 25 26 ------------------------------- Museum Agreement April 20, 1992 Page 2 i 1 2 1. 3 Selection of Members. A. Nine (9) members shall be elected by the General 3 4 Membership of the SOCIETY in accordance with the 5 SOCIETY by-laws. 6 B. Seven (7) members shall be appointed by the Mayor of the CITY with the approval of the CITY Council. 7 8 C. One (1) member may be appointed by the City of Kent 9 provided that the level of annual funding by the 10 City of Kent does not fall below $2500 for the maintenance and operations of the Museum. Should 11 i 12 the City of Kent fund below this level, the CITY will appoint the member to the Board. ! 13 14 D. Should the CITY of Kent or another governmental I 15 agency wish to initiate or alter a contribution of 16 funding and/or services for the basic operation of 17 the Museum, then this Agreement may be modified to 18 allow for appropriate representation on the Board of 19 Directors subject to the mutual consent of the ! SOCIETY and the CITY. 20 21 1. 4 Meetings. 22 A. All Board and General Membership meetings of the 23 SOCIETY shall comply with the State of Washington 24 Open Meeting Act. 25 26 ---------------------- Museum Agreement April 20, 1992 1 2 B. The minutes and agenda shall be a matter of Public Record and shall be filed with ,the CITY Clerk. 3 4 C. The Museum Director and/or a representative from the 5 CITY should be present at all meetings of the 6 SOCIETY. 7 Article 2 . Responsibilities of the SOCIETY. 8 The SOCIETY with the assistance of the Museum Director 9 will be responsible for the following: 10 A. Adopt or modify policies regulating activities 11 specific to Museum operations, the management and 12 use of collections, the use of facilities, and other 13 � functions as it deems necessary or appropriate. 14 B. Develop long-term plans for the Museum which sha 15I include revenue sources, capital programs, 16 collections, use of facilities, fees for Museum 17 services, and marketing. i8 C. Develop and implement a Docent program, collections I 19 caretakers, and other Museum volunteer activities. I 20 D. Prepare and submit to the CITY an annual report I 21 reviewing the operations for the previous year and 22 defining the goals and objectives for the Museum in 23 the coming year. 24 25 26 ------------------------------- Museum Agreement April 20, 1992 Page 4 i 1 2 E. This Article does not prohibit the SOCIETY from 3 carrying on other activities authorized by the SOCIETY'S charter, by-laws, or mission statement. 4 5 Article 3 . Responsibilities of the CITY. The CITY shall be responsible for the following: 6 A. Provide A Museum Director to further the mission and 7 8 goals of the SOCIETY as set forth in the Bylaws of the SOCIETY provided that Auburn citizens clearly 9 benefit from this service. 10 11 B. Provide the following in-kind services to the Museum providing that Auburn citizens clearly benefit from 12 I 13 this service: 1 . Printing and mailing of newsletter and other 14 brochures for programs, exhibits, or projects 15 which further the Mission and goals of the 16 SOCIETY as related to the Museum. 17 18 2 . Maintenance and supplies for the exterior j 19 grounds of the Museum building. When expertise 20 and time is available from CITY personnel, 21 services will be provided to assist with 22 exhibit installation, building repairs, and 23 other related tasks. 24 3 . Clerical support to assist the Museum Director 25 with his/her responsibilities in serving the i 26 Museum Agreement April 20, 1992 i 1 2 general mission of the SOCIETY as directly related to the Museum. 3 4 Article 4 . StattinQ. i 5 4 . 1 Museum Director. 6 The Museum Director shall be employed by and compensated 7 by the CITY and shall receive all normal CITY benefits. 8 He/she shall be subject to all policies and procedures of 9 CITY employees as well as Museum policies adopted by the 10 SOCIETY. The Museum Director's performance in regard to 11 the administration of the Museum shall be reviewed 12 annually in compliance with regular CITY personnel 13 procedures. Prior to the review, the Museum Director's 14 supervisor will meet with the President and Vi( I 15 President of the Board of Directors for a confidential ' 16 evaluation of his/her performance. i 17 4 . 2 Other Museum Staff. 18 A. All additional staff at the Museum, whether the 19 position is funded by a municipality or privately 20 through grants or other sources, will report 21 directly to the Museum Director and be subject to 22 Museum policies adopted by the SOCIETY. I 23 B. All volunteers at the Museum will report directly to 24 the Museum Director or staff assigned by the 25 Director. 26 ------------------------------ Museum Agreement April 20, 1992 Page 6 1 Article 5. Building, Land and Collection ownership. 2 This Agreement does not change the SOCIETY ownership of 3 I the Museum building nor of the artifacts, archives, other 4 historic materials, fixtures, exhibition materials, 5 5 furniture, equipment and other personal property within i the Museum building; provided that, the CITY retains 7 8 ownership of the supplies, equipment and furniture purchased by the CITY. 911 10 Article 6 . Finances. I 11 6 . 1 SOCIETY Budget. A. The SOCIETY will develop an annual operating and 12i 131 capital improvements budget for the Museum. B. The SOCIETY may develop grants and promote donations 14 15 to the Museum for the operating budget, designated 16 capital improvements, and the Museum's permanent 171 collection. 18 C. The SOCIETY shall keep accurate financial books and i 19 records in compliance with all accepted accounting 201 standards. The SOCIETY shall prudently manage all 21 gifts made to the SOCIETY and expend contributions 22 exclusively for the benefit intended. i 23 D. All financial records of the SOCIETY shall be 24 subject to examination by the CITY at any time upon 25 request. 26 ------------------------------ Musseum Agreement April 20, 1992 i I 1 E. The CITY through the Museum Director will annually 2 coordinate with the SOCIETY Board to develop an 3 operating budget for the Museum to determine the 4 needs for the upcoming year. The CITY may consider 5 6 funding special projects, programs, capital equipment, capital projects, or exhibits to take 8 place at the Museum which clearly demonstrate a benefit to the CITY. The CITY will consider 9 allocations to the Museum as outlined in Article 3 10 11 as part of the normal annual CITY budget process . 12j F. The Museum Director will document on a monthly basis 13I all in-kind services provided to the Museum by the CITY. This information shall be made available 14 the SOCIETY Board. 15 161 Article 7 . Duration of Agreement. 17 7 . 1 Duration. ! g 18 � This Agreement shall be in effect for five (5) years 19I beginning the day of 1992 and 20 ending the day of , 1997• 21 7.2 Renewal. 22 This Agreement may be renewed for an additional five (5) 23 years upon mutual agreement by the CITY and the SOCIETY 24 six (6) months prior to the expiration of this Agreement. 25 26 Museum Agreement April 20, 1992 Page 8 I 1 i 2 7. 3 Ame-- n�nt. 3 This Agreement sets forth the full understanding of the 4 SOCIETY and the CITY and may 5 except b Y not be modified nor amended y written amendment duly executed by the SOCIETY ' 6 and the CITY. I 7 7. 4 -Termination i 8 A. This may Agreement be terminated b 9 Y y either party for ' 9 any cause upon ninety (90) days written notice to I 10 the other party. j 11 B• Upon of receipt j P a termination notice under the above 12 paragraph, the CITY shall cease any and all support 13 and all other in-kind services for the SOCIETY at 14 the end of ninety (90) d � ays. Any capital equipment i 15 which is purchased for use in the Museum by the CITY 16 remains the property of the CITY. 17 C. Upon termination of this Agreement, the Directors 18 who have been appointed to the SOCIETY Board by the 19 CITY shall no � longer be members of the Board unless 20 elected to the Board by the membership of the I 21 SOCIETY. 22 23 24 I 25 1 2 ticle a. SOCIETY evlaws. 3 8. 1 Amendment of B laws. 4 The SOCIETY will amend its B 5 of this its to conform Y ith prior to the execut 6 this Agreement. the Articles listed 7 8.2 aws 'ncor orated in this 8 The A reement. SOCIETY Bylaws are attached 9 within t to incorporate his Agreement. and . Any proposed IO BYlaws, changes Policies? to SOCIETY 11 terms of t � °r procedures which his Agreement Conflict with the 12 review may be must be submitted to the CITY Y for 13 and the adopted by to consent SOCIETY. Of the CITY I4 Article g �----• Indemnification g old Harmless. 15 The SOCIETY agrees to defend 16 the CITY , 'indemnify and 17 and elected and appointed Officials old harmless agents from off I8 any and all claims ' employees, of action ° f demands f any kind and/or causes 1g of °r character Whatsoever or relatingever arising 20 to the SOCIETY ing out consultants, subcontractors.- its employees, 21 claims b or agents Y any persons for any and all 9e 1 22 or damage Persons alleged personal to theirinjury" death 23 or caused solely property to by negligent the extent 24 the SOCIETY acts, errors or omz' ssions of its 25 subco employees agents. Consultants ntractors, or ns 1 26 - - ---- representatives and arising out of its APMuseum HI Agreement----~ Page 10 i i 1 ! 2 performance of this Agreement except where the claim, 3 demand, and/or cause of action arises as a result of the 4 negligent acts, errors or omissions of the CITY, its elected and appointed officials, employees, or agents. 5 In the event that any suit or claim for damage is brought 6 against the CITY due to the actions of the SOCIETY, the i SOCIETY will defend the CITY at its sole cost and 8 9 expense; provided that the CITY retains the right to 10 participate in the said suit if any principle of 11 governmental or public laws is involved; and if final 12 � judgement be rendered against the CITY and/or its 13 officers, agents or employees or any of them, or jointly 14 against the CITY and the SOCIETY and their representative 15 officers, agents, employees, or any of them, the SOCIETY 161 agrees to fully satisfy the same and the SOCIETY shall 17 reimburse the CITY for any cost and expense which the 18I CITY has incurred as a result of such claim or suit. The 19 provisions of this section shall survive the expiration 20 or termination of this Agreement as to any suit or claim 21 alleged acts, errors or omissions occurring during the 22 term of this Agreement. 23 Article 10 . Nondiscrimination. 24 The SOCIETY may not discriminate regarding any services, 25 membership, staff, or activities to which this Agreement 26 -------------------------------- Museum Agreement April 20, 1992 Page 1[ i i 1 2 may apply directly or indirectly through contractual, hiring, or other arrangements on the grounds of race, 3 4 color, creed, religion, national origin, sex, age, or 5 where there is the presence of any sensory, mental, or physical handicap. 6 7 Article 11. Insurance. 8 The SOCIETY shall maintain throughout the term of this 9 Agreement comprehensive general liability insurance in 10 the amount of one million dollars combined single limits i 11 per occurrence. The insurance policy shall name the CITY I 12 of Auburn as additional insured. The policy shall 13 require a minimum of thirty (30) days prior written j 14 notice to the CITY of any cancellation or expiration o i 15 the policy or any modification of any provisions of the 16i policy. 17 Article 12 . Assignments. 18 The CITY and the SOCIETY respectively bind themselves, I 19 their partners, successors, assigns, and legal 20 representatives to the other party to this Agreement with 21 respect to all covenants to this Agreement. Neither the 22 CITY nor the SOCIETY shall assign this Agreement without 23 the written consent of the other party. No other 24 governing or management agreement for the governance of ' 25 i 26 Museum Agreement April 20, 1992 Page 12 1 2 the Museum may be signed by the SOCIETY without prior 3 written agreement by the CITY. 4 Article 13 . General Provisions. 5 This Agreement shall be governed by any applicable laws, 6 regulations, and ordinances of the CITY, King County, the I 7 State of Washington, and where applicable, Federal laws. 8 CITY OF AUBURN i 9 10 11 M A Y O R 12 ' 13 ATTEST: 14 15 Robin Wohlhueter, 16 City Clerk 17 APPROVED AS TO FORM: 18 19 , 20 Stephen R. Shelton, 21 City Attorney 22 AHITE RIVER VALLEY HISTORICAL SOCIETY 23 24 BY: 25 TITLE: 26 Museum Agreement April 20, 1992 Paee 13 i 1 2 3 STATE OF WASHINGTON ) ss COUNTY OF KING ) 4 On this day of ► 1992, 5 6 before me, the undersigned, a Notary Public in and for the i 7 State of Washington, personally appeared 8 g to me known to be the of I 10 WHITE RIVER VALLEY HISTORICAL SOCIETY, the non-profit i 11 corporation that executed the within and foregoing instrument, 12 and acknowledged said instrument to be the free and voluntary i 13 act and deed of said non-profit corporation, for the uses and 14 Purposes therein mentioned, and on oath stated that he/she i, 15 authorized to execute said instrument on behalf of said non- 16 profit corporation. 17 IN WITNESS WHEREOF, I have hereunto set my hand and I 18 affixed my official seal the date hereinabove set forth. j i 19 j I 20 i i 21 NOTARY PUBLIC in and for the State of Washington, residing at 22 MY COMMISSION expires: 23 i 24 25 26 I Museum Agreement April 20, 1992 Page 14 CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 21 1992 PAGE 2 MUSEUM SERVICES AGREEMENT (J. HARRISI Planning Director James Harris stated the City is being asked to approve the White River Historical Society Museum agreement for 1992 . The agreement does not specify a dollar amount except to say that Kent can appoint one member to the Board of Directors if Kent's level of annual funding does not fall below $2,500. That amount has been set aside in the 1992 budget. Mr. Harris recommended that Kent pay the $2, 500 for 1992 . In addition, he recommended that the City investigate the feasibility of working with Kent citizens to explore the possibility of establishing a Kent museum. City Historian Rae Reitan reported that the old timers committee has agreed to sponsor a Kent historical society. A meeting will be held on Saturday, June 30, at 11: 30 a.m. at Mom's Kitchen. At this meeting a chairman will be elected and a committee will be formed to work on constitutional by-laws. Linda Van Nest, President of the White River Historical Society, expressed her thanks for Kent's support and stated that the Society is still a regional facility and has not changed its goals for the future. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to approve the White River Historical Society Museum agreement for 1992 . Planning Director Harris clarified that the item will be placed on the consent calendar at the June 16, 1992 Council meeting. Motion carried. FEDERAL WAY PLAN UPDATE INTERLOCAL AGREEMENT RESOLUTION (F. SATTERSTROM) Planning Manager Fred Satterstrom reported that King county is proposing to update the Federal Way Community Plan. He explained that there is unincorporated land that lies between Auburn and Federal Way that both cities are claiming in their urban growth area. Mr. Satterstrom presented a map showing that this planning area comes into Kent's sphere of interest in the Midway and Star Lake areas. The agreement asks for Kent's commitment to coordinate with King County in an interlocal planning process. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to initiate the Federal Way Community Plan Update. Motion carried. Rent City Council Meeting Date June 16 . 1992 Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCE FROM CITY COUNCIL MEETING 2. SUMMARY STATEMENT: Approval of a request from Councilmember Jim White for an excused absence from the June 16, 1992 City Council meeting since he will be attending the AWC Convention. •� �,,,� iL'��1'lr' La;'Gt,,? �,��,1 a -,,,�� �1 ryvl-' �� l�.G l�C! [L to U. 3 . EXHIBITS: Memo from Councilmember White 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3D ✓ MEMORANDUM TO: DAN KELLEHER, MAYOR JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, CITY COUNCIL MEMBER DATE: JUNE 8, 1992 . SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the June 16, 1992 City Council meeting since I will be attending the Association of Washington Cities Convention in Bellevue. Thank you for your consideration. JW:jb it Kent City Council Meeting ff Date June 16 , 1992 �1n Category Consent Calendar �" nY 1. SUBJECT: WEST HILL ISLAND ANNEXATION - RESOLUTION 2. SUMMARY STATEMENT: Adoption of Resolution /316 setting July 7, 1992 as the date for a public hearing for the West Hill Island Annexation. The City Council Planning Committee passed a motion on June 2 , 1992 to place this item on tonight's consent calendar so the appropriate resolution can be prepared announcing the City' s intent to annex the West Hill Island. In general, this area is bounded on the West by Military Road, on the north by SR 516, on the east by SR 516, and on the south by approximately S. 240th and S. 244th extended. /,4) City Atty Lubovich announced that a new resolution has been prepared to replace the resolution in the agenda packet . He explained that the new resolution amends Section 1 by allowing for a street boundary iZ Ct�n and a map to be attached as an exhibit , a+rd that this would take the place of a legal description. There were no objections to the amend- ment from the Council , and the amendment was sw incorporated. 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 Agen_¢a Item No. 3E J( CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 2 , 1992 PAGE 3 WEST HILL ISLAND ANNEXATION (T. BRUBAKER) Assistant City Attorney Tom Brubaker recommended the Committee pass a motion directing him to draft a resolution announcing the City's intent to annex the West Hill Island. He presented a timeline for the annexation process and explained that if the Council passes the resolution to annex at its June 16, 1992 meeting the date for the public hearing would be set for the next Council meeting on July 7, 1992 . After taking public testimony, the Council can pass an ordinance to annex the island which will not become effective for 45 days. During the 45 day period the ordinance is subject to referendum. Since this is a small area, very few signature are needed to initiate a referendum election and it is likely that the necessary signatures will be received. The citizens will have until August 21, 1991 to initiate a petition and the election would occur either at the September 15, 1992 primary or November 31 1992 general election. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to proceed with the annexation process. Councilmember Johnson clarified that a resolution will go to the City Council on June 16, 1992 to set a public hearing on July 7, 1992 . Margaret Porter clarified that citizens of the affected area should be notified of the public hearing on July 7, and Jim Harris added individual notices should be sent to each resident. Tom Brubaker added that notification should not take place until after the Council passes the resolution on June 16. Motion carried. PROCEDURES ON WETLANDS (C. PROUD) At a prior Planning Committee meeting it was suggested that staff make a presentation to the Committee so they may better understand how wetlands in Kent are being administered. Senior Planner Carol Proud presented an inventory map of the City of Kent wetlands, the Interim Wetland Guidelines, and used as an example the review process for a single family residential permit when a sensitive area such as creeks, hillsides or wetlands are impacted. ADDED ITEMS CHESTNUT RIDGE PROPOSED ANNEXATION (J. HARRIS) Planning Director Harris informed the Committee that a ten percent annexation petition has been received from the citizens of a single family area known as Chestnut Ridge. This area lies between South 200 and 208 Street and 100 Avenue SE and the Valley Freeway. Mr. Harris stated if the Council accepts the petition the Planning department will have to do a SEPA checklist and the cost benefits WEST HILL AREA UNDER CONSIDERATION FOR ANNEXATION TO I THE CITY OF KENT p( ' fir , , i }+l.lV p l_r II �I� Illrlll�l'+V 1\�A11+ 14',I ��J � \} Illli \�\It'lVIII I /irilj I VA I EtP[I— RLU I �1 �r �� � rlp�rlllIIIII Ir � 1 it llll�lll l / ii L? c r / lll � IIII\ r �i _ �_ \+ 1 l\illllllll \I I f I�jii ii%i//iii,/�� \� iii iii % ill \ �111� �/ I �� \ + 1 � I!r ��� I/Illll�lpi�lllV/ll4 f(f I ) v��� +1}II�IIII�IIII�IIIlllll�llllllVl I!(llp�I 1 v +�V� \ + v v � ll� / vpig y/�irrlq Iv,I }+vvwtillw, ��� �1�1}�luall I�III1�Avvvv\illl(1 f I � v� v ll , /jii%y \ /,,,��i,��vv \ /,rrr vvIA Q DI 1vQ I I 111 Av1 I l\\\v�\ %%u�///// !\1( \��Q �fl�l���I�ll1+111���l�ll�j�(l�G��yrl(�Ifjll I�jl1A1l\ I I v ///r/ mVlllillrl( Illllll},I++}II\\I I++ t,, 1 Ellr�ll(i,lr l I 1 , I \ --�v \ V I I I'lll�lll�VA0 A VAj AI+,�Ayb\VAS"'� A � I v ❑ � �I , ( .� v o \ ❑ Cj ' /y" � / p ` / n lZ / T /'/ \VAr i� Illlrllll (l�l, �A _ 7���6V /iC/'/ ������ �n A RESOLUTION of the City Council of the City of Kent, Washington, declaring the intention of the City Council to annex a certain island of territory contiguous to the city limits of the City of Kent. WHEREAS, the boundaries of certain unincorporated territory are entirely contiguous with the boundaries of the City of Kent; and WHEREAS, the entire area of unincorporated territory comprises less than one hundred acres; and WHEREAS, the area of unincorporated territory constitutes an "island of territory" as defined in RCW 35A. 14 . 295; and WHEREAS, the City Council has determined that the interests of the people of the City of Kent would be best served if said lands were annexed to and became a part of the City of Kent. NOW, THEREFORE, The City Council of the City of Kent, Washington, does hereby resolve as follows: Section 1. An island of unincorporated territory bounded on all sides by the boundaries of the City of Kent (hereafter, the "West Hill Island") , which is legally described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN should be annexed to the City of Kent. 1 I Section 2 . As nearly as can be determined, there are 144 registered voters in the West Hill Island. i Section 3 . Notice is hereby given that a public hearing shall jibe held in the Council Chambers of the Kent City Hall during the I regularly scheduled City Council Meeting to be held on Tuesday, �iJuly 7, 1992 , at 7: 00 p.m. , Pacific Daylight Time; further, the i ! City Clerk shall publish notice of the public hearing at least once a week for two weeks prior to the date of the hearing in one or more newspapers of general circulation within the City of Kent and within the West Hill Island. Section 4 . The City's existing services, utilities and parks will benefit the West Hill Island and, therefore, should the City annex the area, the property within the annexation should assume the existing indebtedness of the City of Kent and the City should assess and tax the West Hill Island at the same rate and upon the same basis as other property within the City of Kent and, consequently, any ordinance annexing the West Hill Island shall so provide. Section 5. Any ordinance annexing the West Hill Island shall not adopt additional zoning regulations pursuant to RAW 35A. 14 . 330 et sea. ; rather, the City of Kent shall implement its existing zoning regulations that apply to newly annexed territory. 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 I 2 i j� i �f Kent City Council Meeting Date June 16. 1992 Category Consent Calendar 1. SUBJECT: CHESTNUT RIDGE ANNEXATION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, acceptance of 10 percent notice of intent for annexation of approximately 190 acres north of So. 208th Street between 92nd Ave. So. and 100 Ave. S.E. and authorization to set July 7 as date to meet with the initiators. 3 . EXHIBITS: Memorandum from Public Works Director, vicinity map and excerpt from Public Works Committee minutes 4. RECOMMENDED BY: 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. 3F X DEPARTMENT OF PUBLIC WORKS May 27, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM b"V RE: CHESTNUT RIDGE ANNEXATION We have received a 10% petition for annexation of approximately 190 acres north of S. 208th Street between 92nd Avenue S. and 100th Avenue S.E. The Property Manager has verified the signatures on the petition. RCW 35. 13 . 125 requires that the legislative body set a date to meet with the petitioners no later than sixty days from receipt of the annexation request. At that time, the Council will determine whether to accept the proposed annexation and to authorize the circulation of the 60% petition. We are recommending that Council set July 7 as date to meet with the petitioners. k1W . .. ... ......eiIIA1 IC706 At!j p s 117 l21 \� Maric Plci1(.r� QI _ Cafhcnnc Nm�$ab°oIOM 151 f<. '.�-- G. 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No-+es ++E`{./;l aw S. 210THI':lLQy -PL. 4./yr2v_' S `,• � L?I.�"�:•V,'-�li�3J' I 16ZAc '- gip, 171 �• O ;,� \V.` Qom' l9 r;c .\ �' / .,� 1 it :. _^. ❑ xb{J. ] 1i"' ^ ic9N. ,, / • pp� ice+ 4l 'I�'44-• �� 4 .1 2 •�y��+,' °� j%# 4` ICJ I� (L111 gal u 14 �', I J-i/C P _ '!'• '',. 7 y?� \ �I��yl.,..S �_ 7 �)+•�' Sr' :</�s;U• _.�q 4i $ 21'JZ ly "' ! 9 S y(ZE nfjl-° CdI at k PUBLIC WORKS COMM TTEE JUNE 39 1992 PRESENT: JIM WHITE TONY MCCARTHY PAUL MANN DICK GILLISSE JIM BENNETT PATRICE THORELL DON WICKSTROM BILL DOOLITTLE TOM BRUBAKER HOWARD WOODWARD GARY GILL DIANA WOODWARD ED CHOW JOAN JANSEN ED WHITE Chestnut Ridge Annexation Wickstrom explained the annexation was initiated by the property owners of the area. It involves about 190 acres. We have received a 10% petition for annexation and according to State law, the City has to act on that petition within sixty days of receipt. Wickstrom added that we have not completed the financial analysis of the annexation but would have that available for Council at their public meeting with the petitioners. It was recommended the date for the public meeting be set for July 7 . Ms. Jansen who is chairperson of the annexation committee commented that they are excited about the possibility of annexation primarily for additional police protection but they want to become a part of the Kent community. She commented that Renton was also considering annexation of their area and there is little enthusiasm on the part of the homeowners to become a part of Renton. She added she thought the assessed valuation of their area, approximately $38 million, would bring in additional revenue for the City. Howard Woodward who is president of the homeowners association spoke in further support of the annexation. Jim White stated that the general rule of thumb is that annexation of single family property does not generate as much revenue as it costs to service whereas warehousing is about equal and retail is a plus. That is why a financial analysis is essential for the Council information. He added he thinks the City should be annexing and bringing in those who have a Kent address, are served by Kent schools, Kent parks department programs and Kent utilities, Kent fire and possibly even police. The Committee unanimously recommended approval to set July 7 as date to meet with the petitioners. 1Vt� (1 Kent City Council Meeting � Date June 16, 1992 Category Consent Calendar 1. SUBJECT: STREET CLOSURE - BALLOON CLASSIC 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Ordinances authorizing closure of certain public streets. 3 . EXHIBITS: Ordinance and excerpt from Public Works Committee minutes 4. RECOMMENDED BY: 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. 3GX ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to the Kent International Balloon Classic; authorizing closure of certain public streets for a public festival. WHEREAS, the Kent International Balloon Classic has been an annual festival celebration in the City of Kent; and WHEREAS, the Kent International Balloon Classic is a result of the efforts of a number of private volunteers, citizens, civic groups, non-profit organizations, and the City of Kent Parks and Recreation Department; and WHEREAS, a closure of certain public streets is deemed appropriate for the safe operation and maintenance of the festival celebrations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The following described public areas and rights-of-way will be closed to normal vehicle traffic during the times and pursuant to the terms and conditions as set forth below for the purpose of conducting the Kent International Balloon Classic festivities: (A) Russell Road Closure Friday July 17 1992 4 p.m. - 11 P.m. Russell Road will be closed from the intersection located at James Street south to the north side of the Meeker Street intersection and from the south side of the Meeker Street intersection south to the street end or dike. Section 2 . City and Local Access. The City reserves for itself, its officers, employees, agents and contractors, access to the closed rights-of-way and public areas at all reasonable times for the purpose of emergency response and other public safety demands, inspection, cleaning, or other City responsibilities. Local residents shall retain access. Section 3 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK 2 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 balloon.ord 3 Public Works Committee June 3 , 1992 Page 2 Street Closures Ordinances - Balloon Classic and Canterbury Faire Wickstrom explained these were housekeeping ordinances in order to be able to close the streets for these events. The ordinances are the same as has been adopted in previous years. Patrice Thorell stated that the only difference was that closure of Russell Road from Meeker south to the dike was added to the ordinance for the Balloon Classic. The committee unanimously recommended adoption of the ordinances. 1992 Asphalt Overlay Wickstrom stated that three bids were received. The low bidder for all the schedules was Lakeside Industries with M.A. Segale being the second low. These two bids were within $400 of each other. The budget only allows us to complete the first four schedules of the project. In calculating the bids submitted for those four schedules, M.A. Segale would then be the low bidder. Jim Bennett asked if we had that option. Wickstrom clarified that the specifications clearly state that we have the option of deleting schedules. Paul Mann referred to a Reader's Digest article citing the problem with the poor condition of streets in the United States is that we award to the lowest bidder He questioned if we always award to the lowest bidder. Wickstrom responded that State law requires us to accept the lowest responsible bidder. Jim Bennett stated he feels the citizens might be better served by other than the lowest bidder. He referred to the process in Europe of selecting a mean of the bids received. Tom Brubaker added there is some latitude in the statute if we have substantiation that the lowest bidder is not a responsible bidder. Gary Gill added that regardless which contractor is awarded the contract, the specifications require certain quality assurance and quality control requirements to be met. The Committee unanimously recommended approval to award the bid to M.A. Segale for the first four schedules of the project. North Park Sanitary Sewer Wickstrom stated that eight bids were received with the low bid submitted by Robison Construction. The project rebuilds two sections of the sewer servicing the North Park area. This is a joint project with Metro as a pilot project to determine a method of controlling infiltration/inflow into the sewer. Eliminating infiltration/inflow lengthens the life of the treatment facilities • 0.�.2 Kent City Council Meeting L Date June 16, 1992 1 Category Consent Calendar 1. SUBJECT: STREET CLOSURE - CANTERBURY FAIRE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Ordinance 3�`( authorizing closure of certain public streets. 3 . EXHIBITS: Ordinance and excerpt from Public Works Committee minutes 4. RECOMMENDED BY: 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. 3H K ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to Canterbury Faire; authorizing closure of certain public streets for a public festival . WHEREAS, Canterbury Faire has been an annual festival celebration in the City of Kent; and WHEREAS, Canterbury Faire is a result of the efforts of a number of private volunteers, citizens, civic groups, non- profit organizations, and the City of Kent Parks and Recreation Department; and WHEREAS, a closure of certain public streets is deemed appropriate for the safe operation and maintenance of the festival celebrations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The following described public areas and rights-of-way will be closed to normal vehicle traffic during the times and pursuant to the terms and conditicns as set forth below for the purpose of conducting the Canterbury Faire festivities: (A) East Titus Street Closure Saturday August 15 1992 and Sunday, August 16, 1992 8 a.m. - 8 P.M. East Titus Street will be closed from the south side of the intersection located at Smith Street south to north of the intersection at Reiten Road. (B) West Meeker Street Closure Saturday August 15 1992 8 a.m. - 6 p.m. West Meeker Street will be closed from the east side of the intersection located at Fourth Avenue to the west side of the intersection located at Railroad Avenue. (C) North Second Avenue Closure Saturday August 15 1992 8 a.m. - 6 p.m. North Second Avenue will be closed from the north side of the Gowe Street intersection to the south side of the West Harrison intersection. (D) North First Avenue Closure Saturday August 15 1992 8 a.m. - 6 p.m. North First Avenue will be closed from the north side of the Titus Street intersection to the south side of the West Gowe Street intersection and from the north side of the West Gowe Street intersection to the Kent Library cul-de-sac. (E) South 228th Street 64th Avenue South and Landing Way Closure Saturday August 15 1992 8 a.m. - 6 p.m. South 228th Street will be closed from the west side of Landing Way to the east side of 64th Avenue S . 64th Avenue S. will be closed from the north side of S. 228th Street to the south side of Landing Way and Landing Way will be closed from the intersection of S. 228th St. to the intersection at 64th Avenue S . 2 I Section 2 . City Access. The City reserves for itself, its officers, employees, agents and contractors, access to the closed rights-of-way and public areas at all reasonable times for the purpose of emergency response and other public safety demands, inspection, cleaning, or other City responsibilities. Section 3 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. DAN KELLEHER, MAYOR 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 3 City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK cantfr.ord 4 Public Works Committee June 3, 1992 Page 2 Street Closures Ordinances - Balloon Classic and Canterbury Faire Wickstrom explained these were housekeeping ordinances in order to be able to close the streets for these events. The ordinances are the same as has been adopted in previous years. Patrice Thorell stated that the only difference was that closure of Russell Road from Meeker south to the dike was added to the ordinance for the Balloon Classic. The committee unanimously recommended adoption of the ordinances. 1992 Asphalt Overlay Wickstrom stated that three bids were received. The low bidder for all the schedules was Lakeside Industries with M.A. Segale being the second low. These two bids were within $400 of each other. The budget only allows us to complete the first four schedules of the project. In calculating the bids submitted for those four schedules, M.A. Segale would then be the low bidder. Jim Bennett asked if we had that option. Wickstrom clarified that the specifications clearly state that we have the option of deleting schedules. Paul Mann referred to a Reader's Digest article citing the problem with the poor condition of streets in the United States is that we award to the lowest bidder He questioned if we always award to the lowest bidder. Wickstrom responded that State law requires us to accept the lowest responsible bidder. Jim Bennett stated he feels the citizens might be better served by other than the lowest bidder. He referred to the process in Europe of selecting a mean of the bids received. Tom Brubaker added there is some latitude in the statute if we have substantiation that the lowest bidder is not a responsible bidder. Gary Gill added that regardless which contractor is awarded the contract, the specifications require certain quality assurance and quality control requirements to be met. The Committee unanimously recommended approval to award the bid to M.A. Segale for the first four schedules of the project. North Park Sanitary Sewer Wickstrom stated that eight bids were received with the low bid submitted by Robison Construction. The project rebuilds two sections of the sewer servicing the North Park area. This is a joint project with Metro as a pilot project to determine a method of controlling infiltration/inflow into the sewer. Eliminating infiltration/inflow lengthens the life of the treatm4nt facilities �h Kent City Council Meeting Date June 16. 1992 Category Consent Calendar i 1. SUBJECT: STREET CLOSURE - CORNUCOPIA DAYS 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Ordinance granting a street use permit to Kent Lion' s Club for the Cornucopia Days festival. 3 . EXHIBITS: Ordinance and excerpt from Public Works Committee minutes 4 . RECOMMENDED BY: 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. 3I A ii it i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to Kent Cornucopia Days; granting a street use permit to Kent Lions Club for a public festival; specifying terms and conditions for such street use. WHEREAS, Kent Cornucopia Days has been an annual festival celebrating the heritage of the Kent community; and WHEREAS, the Cornucopia Days festival continues to grow in size annually; and WHEREAS, Cornucopia Days is a result of the efforts of a number of private volunteers, citizens, civic groups, and nonprofit organizations ; and WHEREAS, the City of Kent is not the sponsor nor operator of the Kent Cornucopia Days festival; and WHEREAS, it is appropriate to clarify the rights, responsibilities and relationships of those parties involved in the Kent Cornucopia Days , activities; NOW THEREFORE, - 1 - THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A street use permit is hereby authorized from Thursday, July 9 , 1992 , 9 : 00 p.m. , until Sunday, July 12 , 1992 , 11: 00 p.m. , for the following described public areas and right-of-ways which will be closed to normal vehicle traffic during the term of the permit except as otherwise noted below: (A) Meeker Street from 6th Avenue to Railroad Avenue (4th Avenue to remain open) , (B) 2nd Avenue from Meeker Street to Gowe Street, (C) 1st Avenue from new Kent Library to Titus Street with restricted access at 4th Avenue (Gowe Street to remain open) , (D) 2nd Avenue from Gowe Street to Titus Street, (with local access signs at Titus) (E) 2nd Avenue from Meeker Street to Smith Street for the purposes of Saturday Market. (F) Municipal parking lot between Smith and Harrison and 2nd and 4th Avenues; provided, however, that such closure shall be for the purposes of Cornucopia Carnival from 6: 00 a.m. , Wednesday, July 8, 1992 through 2 : 00 p.m. , Monday, July 13 , 1992 . 2 - i • I �I Ij I' (G) 5th Avenue behind Kent Elementary for children' s , parade and parade assembly; Saar Street north on 4th Avenue to Harrison Street; provided, however, that such closure shall be only for the purposes of the children' s parade and only on Sunday, July 12 , 1992 from 11: 00 a.m. until 2 : 00 p.m. (H) 4th Avenue from James Street (240th Avenue S .E. ) to Saar Street for parade and parade assembly; and the two eastbound lanes of James Street and Borden Field from 1st Avenue to 4th Avenue; and First Avenue from Smith Street to James Street; provided, however, that such closure shall be for the purposes of the Cornucopia Parade on Sunday, July 12, 1992 from 11: 30 a.m. until 4 : 00 p.m. The parade route proceeds southbound on 4th Avenue to Saar Street commencing at 2 : 00 p.m. Section 2 . The street use permit provided in Section 1 above is granted to the Kent Lions Club (hereinafter referred to as the "User") and its successors and assigns. By this permit, the User is authorized to conduct a public festival on said public property and right-of-way, to erect booths, conduct lawful and licensed games, provide entertainment, operate or authorize food and beverage services, and conduct such other activities consistent with a public festival at the times and in accordance with the provisions in Section 1. Section 3 . The permit granted hereby is conditioned upon and subject to User's satisfaction of the following conditions: 3 - i 3 . 1. LICENSES AND TAXES. The User shall be liable for, , and shall pay throughout the term of this use, all license and fees covering the business and activities conducted on the premises, and all unemployment insurance, social security, workers' compensation and other obligations applicable to its activities, and otherwise fulfill all fiscal obligations imposed by law or contract. 3 . 2 . UTILITIES. The User, at the User' s sole expense, shall provide, or shall otherwise pay for, when due, all costs for providing all utilities and other services and installation occasioned by the User' s requirements. The City shall not be liable for any injury, loss or damage caused by or resulting from any interruption or failure of utility services due to any causes whatsoever, except the City's sole negligence. 3 . 3 . LIABILITY. 3 . 3 . 1. Indemnification: The User, its successors or assigns shall indemnify, defend and hold the City harmless . from any and all claims, actions, damages and/or judgments whatsoever arising out of any and all activity, use and occupation of said public property and right-of-way pursuant to the subject permit including claims arising by reason of accident, injury or death caused to persons or property of any kind unless caused by the City's sole negligence. 3 . 3 . 2 . Assumption of Risk: The placement and storage of personal property on said public right-of-way by the - 4 - !! User shall be the responsibility of, and the sole risk of the II i User. 3 . 3 . 3 . Insurance: During the term of this permit 'hand any extbnsion thereof, the User shall secure and maintain a ; policy of standard form comprehensive general liability insurance with an insurance company licensed to do business in the State of Washington, providing protection and indemnification against any , and all claims for injury or disability to person, damage to ' property or for loss of life, which may arise from or be related to this activity or the permit granted herein, including the liability of the City its officers, officials, agents or employees for such to the User and any of the User' s officers, employees and agents, and any liability of the User as such to the City, its officers, employees and agents, arising out of or in connection with the occupancy and use of the public right-of-way as well as any and all claims and risks in connection with any acts or omissions performed by User by virtue of the rights granted pursuant to this permit. Said policy limits shall be in the amount of one million dollars ($1, 000, 000) , for injury to or loss of life of any individual person; in the aggregate for personal injuries suffered in each occurrence; and for property damage suffered in each occurrence. Said policy must specifically name The City of Kent, its officers, employees and elected officials as additional insured parties thereunder and must stipulate that the coverages provided by said policy shall not be terminated, reduced, or otherwise changed in any respect without providing at least thirty (30) days prior written notice to The City of Kent. In any event, no termination, reduction or change in coverage shall occur after June 10, 1992 , 5 - � Ili i i i' or 30 days prior to the scheduled event for which this permit has :ibeen issued. Notwithstanding any provision herein to the contrary, the failure of the User to comply with the provision of is ': this section shall subject this Street Use Permit to immediate ; termination without notice and without recourse by any person in corder to protect the public interest. The applicant shall ,, furnish a certificate of such insurance coverage to the City ,: prior to issuance of permit, and may be required, at the City's discretion, to provide a copy of the entire insurance policy. 3 . 3 .4 . Adjustments of Claims: The User shall provide for the prompt and efficient handling of all claims from third parties for bodily injury, property damage or theft arising out of the activities of the User under this permit. The User ' agrees that all such claims, whether processed by the User or User' s insurer, either directly or by means of an agent, will be ' handled by a person with a permanent office in the Kent-Seattle area. 3 . 4 . USE AND CARE OF PREMISES. 3 .4 . 1. General Condition: The premises shall at ,; all times be kept in a neat, clean, safe and sanitary condition, and kept and used in accordance with the laws of the State of Washington and ordinances of The City of Kent, and in accordance with all authorized rules and regulations of the King County . Health Department, Kent Fire Marshal, Kent Building Inspector, land other proper officers of The City of Kent, at the sole cost and expense of the User. The User shall not permit any waste, damage, or injury to the public property or right-of-way; shall 6 - i li �I I, it l ' I 1 Knot permit any objectionable noise or odor to escape or to be iadmitted from said public areas or permit anything to be done upon said premises that in any way will create a nuisance. 3 .4 . 2 . Alterations: The User shall not make, or , cause to be made, any alteration, addition or improvement in said public right-of-way other than those authorized above without first obtaining the written consent of the City for such work. 3 .4 . 3 . Access: The City reserves for itself, its : officers, employees, agents and contractors, free access to said premises at all reasonable times for the purposes of emergency response and other public safety demands, inspection, cleaning, or other City responsibilities. 3 . 5. NON DISCRIMINATION. The User shall comply with all federal , state and local laws and ordinances prohibiting discrimination in employment or public accommodation with regard to age, sex, race, color, creed, national origin, marital status or physical or mental handicap. 3 . 6. RELATIONSHIP. In no event shall the City be ; construed, or held to have become in any way or for any purpose a { partner, associate, or joint venturer of the User or any party lassociated with the User in the conduct of the User's activities relating to Cornucopia Days. This permit does not constitute the User the agent or legal representative of the City for any purpose whatsoever. i - 7 - 'I I' i i n iI I� 3_7. AMENDMENTS. The City expressly reserve the right Into amend the terms of this permit from time to time as may be ( necessary to preserve the public health, safety and welfare. '' Provided, however, that no amendment, alternation or modification of the terms or conditions of this permit shall be valid and ; binding unless made in writing to the User within fourteen (14) ; days of the effective date of said amendment, alternation or ';imodification. 3 . 8 . NO WAIVER OF DEFAULT. The City does not waive full compliance with the terms and conditions of this permit by acceptance of the permit fees. No waiver of default by the City of any of the terms, covenants and conditions hereof to be performed, kept and observed by the User shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. 3 .9 . SURRENDER OF PREMISES. At the expiration or termination of this permit, including any extensions thereof, whichever is earlier, the User shall quit and surrender said premises, without notice and in as good condition as received at commencement of the term, ordinary wear and tear uncontrollable by the User excepted. 3 . 10. CONSTRUCTION AND DISPUTE RESOLUTION. This street , use permit shall be construed under all the applicable laws, statutes, ordinances, rules and regulations of the United States, State of Washington, County of King and the City of Kent in case 8 - l Ili i ii Of a dispute between the parties. Jurisdiction of any resulting i i jlitigation shall be in King County Superior Court. If legal action is instituted, the User agrees to pay Ball of the City's reasonable costs and attorney fees incurred in !, connection therewith. I 3 . 11. The User shall not interfere with the City's ;! maintenance and use of the right-of-way, or the operation of the ;' Kent Saturday Market or other licensed businesses and premises. The User shall also be responsible for obtaining necessary . permits for use of property administered by the Department of Parks and Recreation. 3 . 12 . The City of Kent, its agents and employees, will , perform no maintenance, repair work of any kind on User' s installations, equipment, or appurtenances without first obtaining permission from the User. Provided, however, the City may perform such maintenance, repair or work in an emergency. 3 . 13 . INVALIDITY OF PROVISIONS. Should any term, provision, condition or other portion of this permit be held to Abe inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this permit; and the remainder of this permit shall be effective as if such term, provision, condition or portion had not been contained herein. 9 - i I Ij i Ij Section 4 . FEES AND CHARGES 4_1. FEE. The fee for the above identified permit shall be twenty-five dollars ($25. 00) payable in advance to the City Treasurer at Kent City Hall, 220 4th Avenue South, Kent, Washington 98032-5895 on or before July 3, 1992, plus five percent of gross receipts from street fair booth sales, not to . exceed five hundred dollars ($500. 00) payable to the City ! Treasurer on or before September 21, 1992 . A copy of User's proof of insurance certificate shall be submitted at the time this fee is paid. 4 . 2 . AUDIT. The User shall permit the City, as City deems necessary, to inspect and audit in Kent, Washington at any and all reasonable times, all pertinent books and records of the User and any subcontractors or other person or entity that is in connection with, or related to the User under this permit to verify the accuracy of accounting records, including trust accounts if any; and shall supply City with, or shall permit the City to make, a copy of any books and records and any portion thereof, upon the_ City' s request. 4 . 3 . The User shall have the right to charge user fees or festival permits for the areas described in Section 11 above. The User shall also be granted the authority to charge user fees or festival permits to street vendors and merchants within two blocks of the area described in Section 1 above. The User' s right to charge festival permit and user fees shall extend only for the term of this street use permit, and shall not apply to 10 - i i I i I l merchants and businesses with current business licenses within Ithe areas designated herein. Section 5. An authorized representative of user shall execute an agreement with the City confirming acceptance of the conditions herein. The Mayor is authorized to execute said agreement and such other documents necessary to the , administration of this ordinance. Section 6. Two hour parking restrictions as provided in Chapter 10. 06 Kent City Code for the following streets are eliminated during the period of Cornucopia Days, and shall not be enforced during said period: Central Avenue to Union Pacific Railroad and James Street to Willis Street. Section 7 . A sufficient number of handicap parking spaces shall be provided in close proximity to festival site on 2nd Avenue between Gowe St. and the post office driveway. Section 8 . Any act consistent with the authority and ,,; prior to the effective date of this ordinance is hereby ratified and confirmed. Section 9 . Effective Date. Pursuant to Leonard v. , Bothell, 87 Wn. 2d 847 (1976) , this ordinance shall take effect Viand be in force five (5) days from the time of its final passage i' , as provided by law. DAN KELLEHER, MAYOR ii i - i I I� I, ATTEST: L 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 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 cornucop.ord n i 12 - II � Public Works Committee June 3 , 1992 Page 4 Jim White confirmed that the Chamber has reviewed this. Jim Bennett asked about staffing for the program. Wickstrom explained that we have a consultant who is developing the program. Tom Brubaker brought to the committee's attention that they have a draft of the agreement. We should be receiving the final form before the June 16 Council meeting. In order to meet the required time frame for signature, he asked for authority to make any minor modifications that may be required with the understanding that if any substantial changes are required we will bring it back before the Committee. The Committee unanimously recommended approval for signature of the Commute Trip Reduction Plan interlocal agreement upon approval of the final form by the City Attorney. Central Avenue Improvement (Lowe to Titus) TIB Grant Wickstrom stated we have received a construction grant from the Transportation Improvement Board for the improvement of Central between Gowe and Titus. This is a one-block widening project which adds a right turn lane at Gowe and Titus as well an overlay from Willis to Smith Street. The Committee unanimously recommended approval to accept the grant and authorization for the Mayor to sign. POW Cornucopia Days Ordinance This ordinance is similar to what has been adopted in previous years authorizing street closure for Cornucopia Days. The Committee unanimously recommended adoption of the ordinance. Ed White asked if there were another way to effect these street closures for the various festivals without going to Public Works and Council each year. It was determined that adopting the ordinances each year is the best way. Jim Bennett commented about possibly finding another site for the Balloon Classic so revenue is not taken from a revenue producing facility. Cannon Drive Barrier Jim White stated he had been contacted by a number of citizens as to why we did not install the jersey barriers further up Canyon. He asked staff to look into the costs and possibility of installing additional barriers further east on Canyon possibly up to 101st by the high school. Wickstrom stated we could look at the project for inclusion in the six year street program. Tom Brubaker added there would possibly be condemnation issues to address and should be considered as part of the costs . G� Kent City Council Meeting Date June 16, 1992 Category Consent Calendar 1. SUBJECT: DEAD TREE SHORT PLAT/FAMILY HOMES SHORT PLAT #1 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, acceptance of the bill of sale and warranty agreement submitted by MDI/Profit Sharing Plan (Paul Morford) for continuous operation and maintenance of approximately 340 feet of water main extension and 315 feet of street improvements constructed in the vicinity of 113th Ave. S.E. north of S.E. 256th for the Dead Tree Short Plat and Family Homes Short Plat #1 and release of the cash bond after expiration of the one-year maintenance period. 3 . EXHIBITS: Memorandum from Public Works Director, vicinity map and excerpt from Public Works Committee minutes 4 . RECOMMENDED BY: 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 da Item No. 3J Public Works Committee June 3 , 1992 Page 3 or reduces the size of future additions. Metro is paying 56% of the cost of this project. Wickstrom added we are recommending award to Robison Construction. The Committee unanimously recommended accepting the bid of Robison Construction. Used Oil Collection Event Wickstrom stated we applied for a grant to hold two used motor oil collection events. We have received grant approval paying for the costs involved in holding the event with no match from the City. Since the grant agreement will not be signed in time to hold the first event in July, the Health Department has given us authorization to expend funds prior to signing the actual agreement. The initial costs would come from the Environmental Fund which would be reimbursed by the grant. The Executive Committee has approved this approach. It was explained that two sites would be available on July 18 with one site being the city shops area and the other the East Hill fire station on 116th. Participants would be able to bring their used motor oil for disposition. The Committee unanimously recommended adopting the used oil collection grant funds that are made available and to proceed with this project. Dead Tree Short Plat Wickstrom explained that a water extension and some street improvements were constructed by the developer of the Dead Tree Short. Those improvements are completed and the developer is now asking for the City to accept same. The Committee unanimously recommended approval to accept the improvements. Interagency Agreement with King County - 196th/200th Corridor Wickstrom stated this agreement is for the design of the west leg of the 196th corridor from Orillia over to WVH. This is a joint project with the County. The County is willing to pay their share of the project from the middle of the river over to Orillia. We have a TIB grant and street utility funds to pay the City's portion of the project. The Committee unanimously recommended approval for the Mayor to sign the agreement. Commute Trip Reduction Interlocal Agreement Wickstrom explained this is an interlocal agreement with the County which enables us to secure State funding for the Commute Trip Reduction Program we are required to implement. The City would be eligible for approximately $130, 000 over a two year period. There are approximately 64 businesses in Kent that exceed 100 employees. DEPARTMENT OF PUBLIC WORKS May 27, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: DEAD TREE SHORT PLAT The developer of the Dead Tree Short Plat has completed the utility extensions in the vicinity of 113th Avenue S.E. north of S.E. 256th and is requesting the City accept the improvements. We recommend the acceptance of approximately 340 feet of water main extension and 315 feet of street improvements for continuous operation and maintenance and release of the cash bond after the one year maintenance period. i E (r i w i F i i r # W CV irTF� sT SITES , w' r•r COD ! i i -lT E �Y. 1_ 1 ..T � r _7 � c N I .T Y 1 1 n dry Kent City Council Meeting Date June 16 1992 Category Consent Calendar I. SUBJECT: 196TH/200TH CORRIDOR 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign an interagency agreement with King County naming Kent as lead agency for design of west leg of 196th/200th Street Corridor. 3 . EXHIBITS: Memorandum from Public Works Director, agreement and excerpt from Public Works Committee minutes 4. RECOMMENDED BY: 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. 3KvX DEPARTMENT OF PUBLIC WORKS May 27, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: 196TH/200TH CORRIDOR - WEST LEG An interagency agreement between King County and Kent has been developed giving Kent lead agency status on the west leg of the 196th/200th Street Corridor. Kent would assume the lead for the design, SEPA, permitting, property acquisition and public involvement. Construction of the project will be covered under a subsequent agreement or amendment to this agreement. The County will reimburse the city for costs not covered by the TIB grant for that portion of the project lying within King County. We recommend approval for Mayor to sign interagency agreement with King County for the west leg of the 192nd/196th Corridor. MAY 21, 1992 INTERAGENCY AGREEMENT FOR THE SOUTH 196TH/200TH STREET PROJECT This agreement is made and entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington, hereinafter called the "City" and KING COUNTY, a governmental subdivision of the State of Washington, hereinafter called the "County" , for the purpose of performing design and environmental documents for the South 196th/200th Street Corridor Arterial from the intersection of Orillia Road and South 200th Street to State Route 181 (West Valley Highway) , hereinafter called the "project. " WHEREAS, the County and the City agree that a South 196th/200th Street Corridor Arterial would provide a critical link in the regional transportation system for the Soos Creek and Green River Valley areas; and WHEREAS, the need for this project has been recognized in the County Transportation Plan, the Transportation Needs Report, the Green River Transportation Action Plan, and the Soos Creek Community Plan; and WHEREAS, the new proposed corridor between State Routes 181 and Orillia Road will serve residents of both the City and County; and WHEREAS, the City has applied for and received Transportation Improvement Board (TIB) funding for the South 196th/200th Engineering Design and Right-of-Way Acquisition from Orillia Road to State Route 181; and WHEREAS, the City will be completing roadway design using City personnel and also using private consulting firms to complete the project design; and WHEREAS, after design completion and the necessary permits are secured the project will be put out to public bid for construction; and WHEREAS, it is in the best interest of all parties to establish a lead agency to coordinate this project to provide for the design and construction of the project; NOW THEREFORE, the said parties hereby enter into an agreement as follows : 1 I . SCOPE OF WORK 1. 1 The scope of work is to prepare engineering design plans with consideration given to traffic patterns and needs, topographic constraints, environmental impacts, and costs. The product will be engineering drawings and environmental documents for intersection improvements, a new bridge crossing over the Green River and roadway improvements between the intersection of Orillia Road and 200th Street and the intersection of SR 181 and South 196th Street. The scope of work includes study of and engineering design of improvements on Orillia Road northerly and southerly of the intersection at 200th Street to facilitate the planned arterial corridor improvement at 200th Street. The next phase of the project which includes construction of the intersection, roadway and bridge improvements, together with construction inspection and management, will be incorporated in a subsequent County/City agreement or by amendment to this agreement. II . TERMS AND CONDITIONS 2 . 1 Lead Agency - The City shall be the lead agency for the project and shall be the lead agency with regard to SEPA review, permitting, condemnations of land parcels necessary to accomplish the road widening, and other matters pertinent to accomplishment of the Scope of Work. 2 . 2 Engineering Consultants - The City shall be responsible for the advertisement for and selection of engineering and other design consultants necessary for the completion of the engineering design, including but not limited to structural engineers, environmental consultants, traffic consultants, and geotechnical consultants to complete the environmental documents, plans and specifications for the project. The City shall utilize minority business enterprise goals for consultants established by the County for this project and shall follow processes established by King County for this purpose. 2 . 3 Public Involvement - The City shall be responsible for coordinating the public information and involvement process and shall meet with the County to develop the Public Involvement Plan. The County shall be given the 2 opportunity to attend and participate in any public meetings. 2 . 4 Contact Persons - The parties to this agreement shall appoint a contact person or persons to act as a liaison for the project. These contact persons will meet on an "as needed" basis to provide guidance for the project and serve as a coordination body between the two agencies. 2 . 5 Acceptance - Final acceptance of the project shall be by the City after review and approval by the County. 2 . 6 Schedule - The schedule for the project shall be mutually agreed upon by the City and County. Both the City and County understand that "time is of the essence" and shall proceed without delay to avoid any potential for loss of Transportation Improvement Board funds. III . COST REIMBURSEMENT AND FUNDING 3 . 1 Reimbursement of Cost - The County agrees to reimburse the City for the costs not paid by the Transportation Improvement Board for planning, preparation of environmental documents, engineering, review, permit fees, and right-of-way for that portion of the project which lies within King County: The County portion extends from the centerline of the Green River which is the Kent Corporate City Limits westerly to Orillia Road. The City shall provide the County a cost estimate at the completion of the preliminary engineering phase. The City shall bill the County and the County shall reimburse the City on a monthly basis for actual expenses incurred. The County' s share of the project shall not exceed $60, 500 in 1992 . Costs in excess of this amount shall require a subsequent County/City agreement or amendment to this agreement. IV. PROGRESS REPORTS AND CHANGE OF DESIGN 4 . 1 The City will at all times keep the County advised as to the progress of said project, and shall, not order or approve any changes in the approved project design which substantially change the nature of said project without first consulting the County. 3 V. NON-DISCRIMINATION This Section V shall only apply to those persons and entities hired, retained or otherwise employed by the City as a direct result of the implementation of this agreement. 5 . 1 General A. The word "City" as it appears in this section is defined to be the City of Kent or any of its contractors or subcontractors assigned to this project. B. During the performance of this contract, neither the City nor any party subcontracting under authority of this agreement shall discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap in employment or application for employment or in the administration or delivery of services or any other benefits under this agreement. The City' s hiring practices pertaining to engineering and other design consultants under this agreement shall comply fully with King County Code, Chapter 12 . 16 , and 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 Law 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. C. In the event of noncompliance by the City with any of the non-discrimination provisions of this agreement, the County shall have the right, at their option, to cancel the contract, in whole or in part. If the contract is canceled after partial performance, the County' s obligation will be limited to the fair market value or the contract price, whichever is lower, for goods and services which were received and approved prior to cancellation. 5 . 2 Employment A. The Parties shall not discriminate against any employee or applicant for employment due to race, color, religion, creed, sex, sexual orientation, age, national origin, marital status or the presence 4 of any sensory, mental or physical handicap in any employment practice including, but not limited to, hiring and firing, layoffs, upgrading, promotion or transfer, recruitment or recruitment advertising, rates of pay or other forms of compensation, training or any other term, condition or practice of employment. B. The Parties shall give notice of its nondiscrimination policy and obligation in all solicitations or advertisements for engineering and other design consultants. C. The Parties shall comply with all applicable federal, state and local laws and regulations regarding nondiscrimination in employment. 5 . 3 Program and Services A. The Parties, or any subcontracting authority under this agreement agrees not to discriminate on the basis of race, color, religion, creed, sex, sexual orientation, age, or the presence of any sensory, mental or physical handicap in the access to, or in the provision and administration of, any program or activity under this contract. "Discrimination" includes : a) denial of services or benefits b) segregated, separate, or different treatment c) utilization of administrative criteria or methods that have the effect of discriminatory treatment. This obligation includes making programs and services available and accessible to disabled persons. Pertinent sections of King County Code, Chapter 12 , 16 , the County' s Affirmative Action Plan, the County ' s 504 Accessibility Plan and the Americans Disability Act shall be followed. 5 . 4 Minority/Women ' s Business The City shall fully comply with the requirements of King County Code, Chapter 4 . 18 . Failure to do so shall be a material breach of contract. A. During the term of this contact the City shall: a) Comply, as to tasks and proportionate dollar amounts throughout the term of this contract, with any plans made in its proposal for the use of minority and/or women business enterprises (M/WBs) . 5 b) Adhere to the County' s substitution policy when a M/WB for any reason becomes disassociated with the contract. B. King County in general, and the County' s M/WB program in particular, are damaged when a contract or a portion of a contract to be performed by a M/WB is not actually performed by a M/WB in compliance with King County Code, Chapter 4 . 18 . Because the actual amount of such damage is not reasonably calculable, the parties agree and stipulate that liquidated damages of 100% of the value of the utilization lost due to the violation, not to exceed 10% of the total dollar value of the contract, shall be the amount required to compensate the local jurisdictions and the County for resulting delays in carrying out the purpose of the program, the costs of meeting utilization goals through additional contracts, the administrative costs of investigation and enforcement and other damages and costs caused by the violation. VI . SEVERABILITY 6 . 1 If any covenant or provision in this agreement shall be adjudged void, such adjudication shall not affect the validity, obligation, or performance of any other covenant or provision which in itself is valid, if such remainder would then continue to conform with the terms and requirements of applicable law and the intent of this agreement. VII . INDEMNIFICATION AND HOLD HARMLESS 7 . 1 Each party hereto agrees to indemnify and hold harmless the other party, and its officers, agents and employees, for all claims (including demands, suits, penalties, losses, damages or costs of any kind whatsoever) to the extent such a claim arises or is caused by the indemnifying party ' s own negligence or that of its officers, agents or employees in performance of this agreement. VIII . OTHER PROVISIONS 8 . 1 The City shall be deemed an independent contractor for all purposes and the employees of the City or any of its contractors, subcontractors and the employees shall not 6 Public Works Committee June 3 , 1992 Page 3 or reduces the size of future additions. Metro is paying 56% of the cost of this project. Wickstrom added we are recommending award to Robison Construction. The Committee unanimously recommended accepting the bid of Robison Construction. Used oil Collection Event Wickstrom stated we applied for a grant to hold two used motor oil collection events. We have received grant approval paying for the costs involved in holding the event with no match from the City. Since the grant agreement will not be signed in time to hold the first event in July, the Health Department has given us authorization to expend funds prior to signing the actual agreement. The initial costs would come from the Environmental Fund which would be reimbursed by the grant. The Executive Committee has approved this approach. It was explained that two sites would be available on July 18 with one site being the city shops area and the other the East Hill fire station on 116th. Participants would be able to bring their used motor oil for disposition. The Committee unanimously recommended adopting the used oil collection grant funds that are made available and to proceed with this project. Dead Tree Short Plat Wickstrom explained that a water extension and some street improvements were constructed by the developer of the Dead Tree Short. Those improvements are completed and the developer is now asking for the City to accept same. The Committee unanimously recommended approval to accept the improvements. �► Interagency Agreement with King County - 196th/200th Corridor Wickstrom stated this agreement is for the design of the west leg of the 196th corridor from Orillia over to WVH. This is a joint project with the County. The County is willing to pay their share of the project from the middle of the river over to Orillia. We have a TIB grant and street utility funds to pay the City's portion of the project. The Committee unanimously recommended approval for the Mayor to sign the agreement. Commute Trip Reduction Interlocal Agreement Wickstrom explained this is an interlocal agreement with the County which enables us to secure State funding for the Commute Trip Reduction Program we are required to implement. The City would be eligible for approximately $130, 000 over a two year period. There are approximately 64 businesses in Kent that exceed 100 employees. N, Kent City Council Meeting j Date June 16. 1992 Category Consent Calendar Ulu 1. SUBJECT: COMMUTE TRIP REDUCTION INTERLOCAL AGREEMENT 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign interlocal agreement with King County for the purpose of carrying out certain provisions of the Commute Trip Reduction Act of 1991, subject to approval of final form by the City Attorney. 3 . EXHIBITS: Memo from Public Works Director, draft agreement and excerpt from Public Works Committee minutes 4. RECOMMENDED BY: 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. 3L �( DEPARTMENT OF PUBLIC WORKS May 28, 1992 TO: Public Works Comm'ttee FROM: Don Wickstrom 0k) SUBJECT: Commute Trip Reduction Interlocal Agreement Since early this year, Transportation staff has been working with King County Staff to develop an interlocal agreement in order to secure State funding for the Commute Trip Reduction Program. Attached is the latest draft of this agreement. A final draft interlocal will be sent from King County on or about June 15th. However, in order to insure that the entire City Council has an opportunity to act on this interlocal by the end of June, we are seeking Public Works Committee review and recommendation at this time. Should the final interlocal agreement contain substantive changes from the draft we will bring it before you for further review. Additional information on the CTR program and it's status will be presented a the Public Works Committee meeting. D COMMUTE TRIP REDUCTION ACT INTERLOCAL AGREEMENT An interlocal agreement between King County (the "County") , the Municipality of Metropolitan Seattle ("Metro") , and the City of ("City") (hereinafter jointly referred to as the "Parties") for the purpose of carrying out certain provisions of the Commute Trip Reduction Act of 1991 (Chapter 202, 1991 Session Laws) . WHEREAS, the Legislature enacted the Commute Trip Reduction Act (Chapter 202, 1991 Session Laws) to require local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement plans to reduce single occupant vehicle commute trips; WHEREAS, King County and the cities within King County having within their boundaries one or more "major employer" are required to develop and implement commute trip reduction plans; WHEREAS, the local jurisdiction commute trip reduction plans are required to be coordinated and consistent with plans of adjacent jurisdictions and applicable regional plans ; WHEREAS, the Legislature has appropriated funds to provide technical assistance grants to local jurisdictions required to develop and implement commute trip reduction plans; and pursuant to Chapter 202, 1991 Session Laws, the Washington State Energy Office shall distribute these funds to counties, which shall in turn distribute funds to those cities within the county in proportion to the number of major employers and major worksites within each city; THEREFORE, in consideration of the mutual promises and covenants herein, it is hereby agreed: SECTION 1.0 PURPOSES The purposes of this Agreement are: (1) to allocate to the City its proportionate share of the state technical assistance grants for developing and implementing a commute trip reduction plan; (2) to allocate a portion of the technical assistance grants available to King County jurisdictions to Metro in order to help finance certain start-up functions to be undertaken by Metro on behalf of the County and the cities required to develop commute trip reduction plans; and (3) to establish a cooperative approach among the City, the County, and other jurisdictions in King County that are required to plan and administer programs under the Commute Trip Reduction Act (the Act) in order to address interjurisdictional issues and to meet the statutory requirements for coordination and consistency among the jurisdictions' respective commute trip reduction plans. DRAFT 4/30/92 METRO/COUNTY/CITY CTR ILA Page 2 SECTION 2.0 DEFINITIONS The following definitions shall apply to this Agreement: "Administrative Representative" means a person responsible for being the central administrative contact for issues related to this Agreement as designated in Section 2.3 of the Agreement. "Commute Trip Reduction Plan (CTR Plan)" means a plan designed to achieve reductions in the proportion of single occupant vehicle commute trips and the vehicle miles traveled as described in Section 12, Chapter 202, Laws of 1991 . "Commute Trip Reduction Program (CTR Program)" means a program designed by a major employer to achieve reductions in the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled as described in Section 13, Chapter 202, Laws of 1991 . "CTR Grant Funds" means state funds authorized by Section 17, Chapter- 2O2, Laws of 1991 , and Section 301 of the Natural Resources biennial budget to assist counties and cities implementing commute trip reduction plans. "Major Employer" means a private or public employer that employs one hundred or more full -time employees at a single worksite who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year, as stipulated in the Act. "Metro" means the Municipality of Metropolitan Seattle. "State" is the Washington State Energy Office (WSEO) unless otherwise noted. SECTION 3.0 SCOPE OF WORK 3. 1 Scope of Work: The scope of work to be completed by the City, Metro and the County in accordance with this Agreement is described in Exhibit A: Statement of Work, which, by reference, is made a part of this Agreement. Funds provided to the City and Metro under this Agreement shall be used solely for activities undertaken to fulfill the requirements of the Commute Trip Reduction Act (Chapter 202, Washington Laws of 1991) , as reflected in Exhibit A. fNEW PARAGRAPH] The City and the County may enter into separate agreements with Metro for CTR implementation services, under which Metro would agree, to the extent allowed by law, to undertake the Centralized CTR Implementation Services described in Exhibit C on behalf of the City or the County. Metro will agree to provide the above referenced services during the period ending September 30, 1993, on condition that the contracting jurisdiction pay Metro an amount not to exceed ninety percent (90%) of the contracting jurisdiction's allotment of CTR Grant Funds for the current state biennium (ending June 30, 1993) , as set forth in Paragraph 4 of this Agreement and reflected in Exhibit B. DRAFT 4/30/92 METRO/COUNTY/CITY CTR ILA Page 3 [NEW PARAGRAPH - FOR SEATTLE AGREEMENT ONLYI The City agrees to use a portion of its allotment of CTR Grant Funds to contract with Metro for the six City of Seattle CTR Shared Work Products described in Exhibit D. These work products will be made available to the County and any interested city within the County at no cost. 3.2 Evaluation and Monitoring: The City and Metro shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the County or the State that are pertinent to the intent of the Act, with respect to those major employers within the boundaries of the City. The State shall be solely responsible for determining satisfactory performance of the Scope of Work by the City. NEW PARAGRAPH] The County's role in monitoring the City is limited to its functions as the State's fiscal agent in disbursing the CTR Grant Funds, pursuant to Section 4 of this Agreement, and as the State's liaison with the City. 3.3 Administrative Representatives : The County, Metro and the City shall each designate one person to be the central administrative contact for matters pertaining to this Agreement and shall make such designation known to each other in writing. King County' s administrative representative shall be Metro's administrative representative shall be The City's administrative representative shall be 3.4 King County CTR Coordinating Committee: King County shall establish and provide administrative support to a CTR Coordinating Committee. The purposes of the committee shall be to (1) provide a forum for efforts to coordinate the development of the CTR plans, (2) address issues related to implementation of the CTR plans, and (3) address other transportation demand management matters, as agreed by the committee. Members of the committee shall include designated representatives from King County, each of the cities receiving CTR grant funds, Metro, the Puget Sound Regional Council , and other parties, as agreed by the committee. SECTION 4.0 DISBURSEMENT OF CTR GRANT FUNDS. 4. 1 Amounts. The total amount of CTR Grant Funds to be allotted to the City for the agreement period shall not exceed S , based on the method described in Exhibit B: Methodology for Allocating CTR Grant Funds, which by reference is made a part of this Agreement. [PROVIDED THAT Metro uses its d4reet allotment to undertake the three start up DRAFT 4/30/92 METRO/COUNTY/CITY CTR ILA Page 4 Services deSEribed in Exhibit G (Potential Centralized GTR FURTHER THAT Metro agrees, to the extent allowed by law,- te under takee of Seattle will make- ayailable to the other Parties; AND PROVIDED !993) an behalf of th unty or any aof the i jurisdiction'sallatment of CTR grant funds under this Agreeffient. if these preyi -4 ens are fiat Riet -by , , FRay defer flsri�;;­�-isbursefflents of CTR grant funds until SUEh time that [NEW PARAGRAPHI The total amount of CTR Grant Funds to be allotted directly to Metro under this agreement shall not exceed one hundred and thirty-four thousand dollars ($134,000) , as payment for three CTR start- up tasks Metro agrees to perform on behalf of all affected jurisdictions in King County. Metro agrees to contribute fifty thousand dollars ($50,000) in in-kind services to perform the three start-up tasks, which are described in Exhibit A. Metro agrees to use its best efforts to complete the three start-up tasks by December 31, 1992. 4.2 Disbursement of Funds. The City shall submit an invoice voucher and a quarterly progress report to the County by no later than the fifteenth tenth day of each quarter. Within [fifteen (15 a twenty (20) days of receiving an invoice voucher from the City, the County shall remit to the City a warrant for an amount equal to one eighth (to the nearest dollar) of the total allotment to the City under this agreement, with the exception of the first disbursement, which shall be for an amount equal to three eighths of the total allotment; PROVIDED THAT the Washington State Energy Office (WSEO) has made a timely disbursement of funds to the County pursuant to the intergovernmental agreement between WSEO and the County. [NEW PARAGRAPH] Metro shall submit an invoice voucher and a quarterly progress report to the County by the following dates for the amounts indicated: Invoice Due Date Amount June 15, 1992 $50,250 July 10, 1992 $33,500 October 9, 1992 $33,500 January 8, 1993 $16,750 The quarterly progress reports shall describe Metro's progress in completing the three countywide start-up tasks set forth in Exhibit C and shall report on any agreements Metro has reached with interested jurisdictions for the provision of the CTR implementation activities described in Exhibit C. f GRAFT 4/30/92 METRO/COUNTY/CITY CTR ILA Page 5 SECTION 5.0 REPORTING. 5.1 Quarterly Reports. When requesting payment each quarter, the City jor its designee) shall submit a brief progress report with the County indicating the CTR plan development and implementation activities undertaken during the past quarter and those scheduled for the current quarter, with the exception of the first progress report submitted under this Agreement, which shall describe the CTR activities undertaken by the City since July 1 , 1991 . The County shall -forward the City's quarterly progress reports to the State. 5.2 Special Reports. By no later than April 15, 1993, the City (or its designee) shall submit the following special reports to the County: 5.2.1 CTR Plan Summary: This report shall include a copy of the city's ordinance adopting the CTR Plan, as well as a description of the city's CTR Program for its employees . 5.2.2 CTR Zone Report: This report shall i.nclude, at a minimum, the following: (a) a map showing CTR zone boundaries within the city; and (b) a list of CTR zones, indicating an identifying title, and the preliminary base year values of the proportion of single occupancy vehicles and vehicle miles traveled for each zone. 5.2.3 Parking Policy Report: This report shall include a summary of the city's existing parking policies and ordinances, as well as a status report on the city's parking policy review (as required by the CTR Act) . 5.3 Auditing of Records, Documents, and Reports . The County or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the County or the State Auditor may deem necessary, all the records of the City and Metro with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this Agreement. Such rights last for three (3) years from the date final payment is made hereunder. SECTION 6.0 [RECAPTURE PROVISION. in the eyent that [the Gity er Metro] fails to expend the CTR Grant Funds in aeeardanee with state law and/er t P-19,015i.e.-Is of th4s Agreement, the County reser,ves the right to recapture funds reeapture shall 2xist for a period not to e)(Eeed three (3) years fe!!GY4� termination ef this agreement. Repayment by [the City er Metrej ef funds der this reeapture previS-jA—R:7 + + that the County � required + institute legal ed +e ereeff BRAFT 4/30/92 METRO/COUNTY/CITY CTR ILA Page 6 NONCOMPLIANCE In the event the State determines that the City has failed to expend the CTR Grant Funds in accordance with state law and requests the County's assistance in resolving the matter, the County reserves the right to withhold further allocations to the City until the State notifies the County that the matter is resolved. SECTION 7.0 REDUCTION IN FUNDS. [The GE)upty may unilaterallyterffl4nateall or part of this th4s a,,. eeRi +] +If there� is a reduction of CTR Grant Funds by the State, and if such funds are the basis of this Agreement, the County Metro and the City may reduce their respective scopes of work or budgets under this agreement. SECTION 8.0 NONDISCRIMINATION. There shall be no discrimination against any employee who is paid by the CTR state assistance funds or against any applicant for such employment because of race, religion, color, sex, marital status, creed, national origin, age, Vietnam era/disabled veterans status, or the presence of any sensory, mental , or physical handicap. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. SECTION 9.0 WAIVER OF DEFAULT. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the agreement shall not be deemed to be a 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 in writing, signed by an authorized representatives of the County, and attached to the original agreement. SECTION 10.0 SEVERABILITY. In the event any term or condition of the Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, condition or application. To this end the terms and conditions of this agreement are declared severable. SECTION 11.0 INDEMNIFICATION AND HOLD HARMLESS. [Eac=h Party shall defend, suits and/or aEtiGAS arising from aRy neyligent ar pretee t, and hold harmless the other Parties from and against all ela4msF perferming the werk pursuant to this AgreeFnent . if a Party enters into ai+y Claims 5hal-1 inelude,but net be limited to, assertions that the use er transfer of nay seftware, bE)oi(, deeYment, report, -fllffi, tape, Or SEHAd kind,repreduetien or rflater4al of an), deliYered hereunder, results in an unfair trail. praetiee7] 11. 1 It is understood and agreed that this agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this agreement. each party hereto agrees to be responsible and assumes liability for its GRAFT 4/30/92 METRO/COUNTY/CITY CTR ILA Page 7 own negligent acts or omissions or those of its officers agents or employees to the fullest extent required by law, and agrees to save, indemnify, defend and hold the other parties harmless from any such liability. In the case of negligence of multiple parties, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other parties in proportion to the percentage of negligence attributable to the other parties . 11.2 This indemnification clause shall also apply to any and all cases of action arisinq out of performance of work activities under this agreement Each contract for services or activities utilizing funds provided in whole or in part by this agreement shall include a provision that the State is not liable for damage or claims from damages arisinq from any subcontractor's performance or activities under the terms of the contracts. SECTION 12.0 AGREEMENT PERIOD. This Agreement shall become effective upon signature by Parties to this Agreement. The termination date shall be September 30, 1993, or earlier upon written agreement by the County Executive and an authorized representative of the City and Metro. Termination of this agreement does not relieve any of the Parties of any obligations incurred as a result of this Agreement. SECTION 13.0 AGREEMENT MODIFICATIONS. This agreement may be amended, altered, clarified or extended only by written agreement of the County Executive and an authorized representative of the City and Metro. SECTION 14.0 TERMINATION. [Netwithstanding any pre','isiens of this. Agreement, if threugh any Eause r,-,., Gity or Met-re] shall r Gity er Metro] shall 3aielate any of its ail to fulfill Agreement and withhold the remaining alleeation ef funds if sueh default or ,,,ielatien is net eerrected within twent)' (20) days after submitting, iWitten of this Agreement, the GE)unty shall ther-eupen have the right te terffl Hate. this 14. 1 Any party to this agreement may terminate the agreement with cause, in whole or in part upon thirty (30) days advance written notice of the termination to the other parties. 14.2 If at any time during the agreement period the State acts to terminate, reduce modify, or withhold the CTR Grant Funds allotted to the County, or those portions of the Countywide allotment allocated to the City or Metro then the County may terminate this agreement upon giving thirty (30) days written notice to the other parties. The County, as the State's fiscal agent shall have the authority and responsibility to ensure that upon termination of this agreement any remaining CTR Grant Funds are made available to the parties in the manner described in Section 4.2 of this agreement or returned to the State. BRAFT 4/30/92 METRO/COUNTY/CITY CTR ILA Page 8 Dated this day of 1992. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day first above mentioned. Approved as to form: CITY OF By By Assistant City Attorney Title Approved as to form: KING COUNTY: By By Deputy Prosecuting Attorney King County Executive EXHIBIT A: Statement of Work EXHIBIT B: Methodology for Allocating CTR Grant Funds EXHIBIT C: Metro Centralized CTR Implementation Services EXHIBIT D: City of Seattle CTR Shared Work Products (included only in Seattle's agreement) D � a EX1rIIBTT A: STATEMENT OF WORK aft Development and Implementation of Commute Trip Reduction Plans and Programs BACKGROUND: The 1991 Legislature found that automobile traffic in Washington's metropolitan areas is the major source of emissions of air contaminants and that increasing automobile traffic is aggravating traffic congestion. Further, the 1991 Legislature found that increasing automobile traffic is a major factor in increasing consumption of gasoline. According to the legislature, reducing the number of commute trips to work via single occupant vehicles is an effective way of reducing vehicle-related air pollution, traffic congestion and energy use. To address these problems, Second Substitute House Bill (SSHB) 1671 was passed by the 1991 Legislature and signed by the Governor. SSHB 1671 requires cities, counties and towns containing "major employers" in the counties (Clark, King, Kitsap, Pierce, Snohomish, Spokane, Thurston, and Yakima) experiencing the greatest vehicle-related air pollution, gasoline consumption and congestion problems to develop plans and programs to reduce single occupant vehicle commute trips. These counties, cities and towns are to establish and implement commute trip reduction plans for all major employers within their jurisdiction. The commute trip reduction plans are to be developed in cooperation with local transit agencies, regional transportation planning organizations and major employers. They are to be consistent with and can be incorporated in state or regional transportation plans and local comprehensive plans. Additionally, the trip reduction plans are to be consistent.with the guidelines established by the Commute Trip Reduction Task Force. The Commute Trip Reduction program will be developed in phases. Phase I (July 1, 1991 to June 30, 1993), the period of this agreement covers the initial period of local plan implementation. During Phase 1, cities and counties will pass ordinances, program staff will identify and make contacts with major employers, and staff will establish commute trip reduction zones and generate zone base year values and progress year goals. A separate Phase Il contract will be negotiated after the thud quarter Fiscal Year 1993 when the revenue is confirmed by the legislature. Phase II (July 1, 1993 to June 30, 1995) will involve ongoing program administration, including, but not limited to: employer initial program descriptions (1993), employer annual reports (1994, 1995), and employee survey results, where and when available. JB/dskt.ab/t1009 OBJECTIVES: King County, acting as a fiscal agent for the State, will coordinate and administer within King County distribution of the State grant funds available to local governments required to develop and implement the State's Commute Trip Reduction legislation. Pursuant to this interlocal agreement, King County will provide funds to cities within the county which are implementing commute trip reduction plans. Funds provided under this agreement are to be used solely for activities undertaken to fulfill the requirements of SSHB 1671, Transportation Demand Management. King County will be a liaison between the Washington State Energy Office (WSEO) and cities within the county for the purpose of implementing SSHB 1671. COUNTY AND CITY TASKS: 1. Adopt by ordinance and implement a commute trip reduction plan for major employers within the jurisdictions' respective boundaries, according to the provisions of SSHB 1671. 1.1 Set goals for reductions in the proportion of single occupant vehicle commute trips and commute trip vehicle miles traveled per employee. 1.2 Designate commute trip reduction zones. 1.3 Set requirements for major public and private sector employers to implement commute trip reduction programs. 1.4 Develop a commute trip reduction plan. Submit one final copy of plan to WSEO. 1.5 Review parking policies and ordinances as they relate to employers and major work sites and make revisions necessary to comply with commute trip reduction goals and guidelines. 1.6 Establish an appeals process by which major employers, who as a result of special characteristics of their business or its location would be unable to meet the requirements of a commute trip reduction plan, may obtain waiver or modification of those requirements complyisng with commute trip reduction guidelines. 1.7 Set means for determining base year values of the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per employee and the progress toward meeting commute trip reduction plan goals on an annual basis. For counties conducting surveys to establish base year values and goals, submit data base of survey results. JB/dsklab/t1009 1.8 Ensure the commute trip reduction plan is consistent with the guidelines and requirements of SSHB 1671. 1.9 Ensure the commute trip reduction plan is consistent with applicable state or regional transportation plans and local comprehensive plans. 1.10 Ensure the commute trip reduction plan is consistent with the commute trip reduction plans of counties, cities or towns with common borders or related regional issues. 2. Provide commute trip reduction data and information consistent with the requirements of using database software or ASCii provided by WSEO. 2.1 Provide the information needed to produce a county-wide report to the WSEO which includes: a. Each jurisdiction's contact person's name, mailing address and phone number b. Total number of commute trip reduction zones (CTR zones) c. Preliminary Single Occupancy Vehicle and Vehicle Miles Traveled values for each CTR zone d. List of CTR zone e. Map showing CTR zone boundaries of the county 3. Submit Quarterly Progress Reports summarizing CTR events within the jurisdiction and a list of scheduled CTR events in the upcoming quarter. METRO TASKS: 1. Identify affected "major employer" worksites and maintain data base (see attached scope of work). 2. Design an employer assistance program and produce "self-help kits" (see attached scope of work). 3. Develop a system to monitor and evaluate CTR Plan implementation (see attached scope of work). JB/dskiab/0009 EXHIBIT B METHODOLOGY FOR ALLOCATING CTR GRANT FUNDS The CTR Act states that the WSEO shall distribute the CTR Grant Funds to the eight counties covered by the Act "in proportion to the number of major employers and major worksites in each county; " and the statute requires the counties to distribute the funds to cities "in proportion to the number of major employers and major worksites within the city. " A "major employer, " as defined by the Act, is a public or private employer that employs one hundred or more full-time employees at a single worksite who begin their regular work day between 6 : 00 a.m. and 9 : 00 a.m. on weekdays for at least twelve continuous months during the year. "Major worksite, " as defined by the Act means a building or a group of buildings that are on physically contiguous parcels of land or on parcels separate solely by private or public roadways or rights of way, and at which there are one hundred or more full-time employees of one or more employers, who begin their work day between 6 : 00 a .m. and 9 : 00 a .m. on weekdays for at least twelve continuous months . A complicating factor in agreeing upon a methodology for distributing the CTR Grant Funds within King County has been the lack of reliable data on the geographic distribution of "major employers and major worksites . " The best data available at this time is the Washington State Employment Security Department ' s estimated count of employers with employment sites of over 100 full-time employees, by jurisdiction, showing a total of 1, 278 such employment sites in King County. The methodology for allocating the CTR Grant Funds in King County is a proportional distribution, based on Employment Security ' s June 1991 estimate of the distribution of potential major employers within King County, with the following adjustments: o An "off-the-top" allocation of $134 , 000 for three countywide start-up functions to be provided by Metro on behalf of all jurisdictions, as reflected in Exhibit A; o No allocations to small cities on the Employment Security list where County staff have determined that no major employers are located -- only Carnation and North Bend are in this category; and o Adjust the Employment Security list to add Sea-Tac, assuming that five of the major employers that would otherwise be assigned to the unincorporated area are located in Sea-Tac, based on information from the SeaTac Planning Department. The resulting distribution of CTR Grants Funds is summarized in the table on the following page . Page 2 EXHIBIT B DISTRIBUTION OF CTR GRANT FUNDS WITHIN KING COUNTY MAJOR % FY 1992/93 1 JURISDICTION EMPLOYERS SHARE CTR GRANT FUNDS ------------------------------------ --------------- ALGONA 2 0. 2% 4 , 080 AUBURN 30 2 . 3% 61, 197 BELLEVUE 119 9 . 3% 242 , 749 BOTHELL 16 1 . 3% 32 , 638 DES MOINES 5 0 . 4% 10, 200 ENUMCLAW 5 0. 4% 10 , 200 FEDERAL WAY 38 3 . 0% 77 , 516 ISSAQUAH 12 0 . 9% 24 , 479 KENT 64 5 . 0% 130 , 554 KIRKLAND 31 2 . 4% 631237 MERCER ISLAND 7 0 . 5% 14 , 279 REDMOND 54 4 . 2% 110, 155 RENTON 48 3 . 8% 97 , 915 SEATAC 5 0 . 4% 101200 SEATTLE 745 58 . 3% 1 , 519 , 730 SNOQUALMIE 1 0 . 1% 21040 TUKWILA 30 2 . 3% 61, 197 UNINCORPORATED 66 5 . 2% 134 , 634 METRO N/A 0 . 0% 134 , 000 ----------------------------------- 1 , 278 100 . 0% 2 , 741, 000 'This allocation reflects a proportionate share of major employers' worksites, as indicated by Employment Security Department data, with the exception of the $134,000 off-the-top allocation to Metro for start-up activities. D EXHIBIT C METRO CENTRALIZED CTR IMPLEMENTATION SERVICES BACKGROUND: As a result of the discussions among staff from Metro and King County jurisdictions required to develop CTR ordinances, Metro has developed a proposal for centralized CTR implementation services. Subject to reaching agreement on the terms of a separate contract as described in Paragraph 3 of this agreement, Metro is willing to offer the following Centralized CTR Implementation Services to the City and/or the County through September 30, 1993 : o Identification and notification of affected employers; o Assisting affected employers in the development of CTR programs suitable to their individual circumstances; o Loading and maintenance of the enhanced database for the affected employers; o Implementation of an approved Employer Recognition Program and Administrative Issues Resolution processes; and o review of affected employers ' CTR Programs . jb/ctrex-c r EXHIBIT D CITY OF SEATTLE SHARED CTR WORK PRODUCTS BACKGROUND: King County and seventeen cities within the county are required to develop and implement Commute Trip Reduction (CTR) ordinances, pursuant to the CTR Act, enacted by the Legislature in 1991. In the draft guidelines issued by the State CTR Task Force, local governments are urged to arrange for a centralized administration of CTR implementation tasks -- through interlocal agreements or other mechanisms -- in order to meet the statutory goals for consistency among the CTR plans of neighboring jurisdictions and to make efficient use of resources. Within King County, there have been discussions among staff of the affected jurisdictions since July 1991 about the possibility of the jurisdictions contracting with Metro for centralized CTR implementation services. The City of Seattle, in particular, has been engaged in negotiating with Metro for contracted CTR implementation services. Subject to the terms of an agreement to be negotiated between Metro and the City of Seattle for the development of certain CTR work products, the City of Seattle will share the following products with other cities and the County, at no cost, to assist them in implementing their respective CTR plans . The City of Seattle recognizes that regional cooperation and . consistency are important to the implementation and administration of the CTR Act. The City of Seattle believes that its contribution of these Shared CTR Work Products will reduce duplication of services and make more efficient use of public funds. It intends to work in partnership with the State, County, other cities and transit agencies to reduce traffic congestion, improve air quality and increase energy efficiency. The City of Seattle ' s actions are consistent with its Comprehensive Plan Framework Policies and supportive of regional Growth Management Act implementation efforts . Work Product 1 - Employer Assistance Program The City of Seattle will make available a copy of its refined employer assistance plan, technical assistance strategies, workshop strategies, materials design and estimated budget. Local jurisdictions will be responsible for production costs of their own employer assistance programs for major employers . Such costs include, but may not be limited to, materials, workshops, technical assistance and staffing. Page 2 D EXHIBIT D Work Product 2 - Employer Notification Procedures The City of Seattle will make available a description of its refined employer notification process and procedures; copies of its design of associated letters, forms and materials; and its estimated budget. Local jurisdictions will be responsible for production costs associated with the notification of the major employers in their respective jurisdictions . Work Product 3 - Database Expansion The City of Seattle will make available a description of its CTR database design to support employer transactions, including programming information and operating procedures. Each local jurisdiction will be responsible for developing its own database associated with the major employers in its jurisdiction. Work Product 4 - CTR Program Review Procedures The City of Seattle will make available a description of its CTR program review procedures, criteria, schedule and budget. Each local jurisdiction will be responsible for developing its own procedures and budget associated with reviewing the CTR programs submitted by the major employers in its jurisdiction, including labor and materials production. Work Product 5 - Administrative Issues Process The City of Seattle will make available a description of its administrative issues resolution process . Local jurisdictions will be responsible for adapting the process . to their own unique governance structures and other local requirements . Work Product 6 - Ordinance Review The City of Seattle will make available the comments and observations made by Metro on the City ' s draft ordinance during the development and review stage. jh/ctrex-d Public Works Committee June 3, 1992 Page 3 or reduces the size of future additions. Metro is paying 56% of the cost of this project. Wickstrom added we are recommending award to Robison Construction. The Committee unanimously recommended accepting the bid of Robison Construction. Used Oil Collection Event Wickstrom stated we applied for a grant to hold two used motor oil collection events. We have received grant approval paying for the costs involved in holding the event with no match from the City. Since the grant agreement will not be signed in time to hold the first event in July, the Health Department has given us authorization to expend funds prior to signing the actual agreement. The initial costs would come from the Environmental Fund which would be reimbursed by the grant. The Executive Committee has approved this approach. It was explained that two sites would be available on July 18 with one site being the city shops area and the other the East Hill fire station on 116th. Participants would be able to bring their used motor oil for disposition. The Committee unanimously recommended adopting the used oil collection grant funds that are made available and to proceed with this project. Dead Tree Short Plat Wickstrom explained that a water extension and some street improvements were constructed by the developer of the Dead Tree Short. Those improvements are completed and the developer is now asking for the City to accept same. The Committee unanimously recommended approval to accept the improvements. Interagency Agreement with King County - 196th/200th Corridor Wickstrom stated this agreement is for the design of the west leg of the 196th corridor from Orillia over to WVH. This is a joint ' project with the County. The County is willing to pay their share of the project from the middle of the river over to Orillia. We have a TIB grant and street utility funds to pay the City's portion of the project. The Committee unanimously recommended approval for the Mayor to sign the agreement. Commute Trio Reduction Interlocal Agreement Wickstrom explained this is an interlocal agreement with the County which enables us to secure State funding for the Commute Trip Reduction Program we are required to implement. The City would be eligible for approximately $130,000 over a two year period. There are approximately 64 businesses in Kent that exceed 100 employees. Jim White confirmed that the Chamber has reviewed this. Jim Bennett asked about staffing for the program. Wickstrom explained that we have a consultant who is developing the program. Tom Brubaker brought to the committee's attention that they have a draft of the agreement. We should be receiving the final form before the June 16 Council meeting. In order to meet the required time frame for signature, he asked for authority to make any minor modifications that may be required with the understanding that if any substantial changes are required we will bring it back before the Committee. The Committee unanimously recommended approval for signature of the Commute Trip Reduction Plan interlocal agreement upon approval of the final form by the City Attorney. Central Avenue Improvement (Lowe to Titus) TIB Grant Wickstrom stated we have received a construction grant from the Transportation Improvement Board for the improvement of Central between Gowe and Titus. This is a one-block widening nrniPrt which 1 Kent City Council Meeting Date June 16, 1992 Category Consent Calendar 1. SUBJECT: CENTRAL AVENUE IMPROVEMENT (GOWE TO TITUS) TIB GRANT 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign agreement with WSDOT for a TIB Construction Grant in the amount of $437, 520 for the Central Avenue Improvement project and establishment of the budget for same. 3 . EXHIBITS: Memo from Public Works Director, letter from TIB and excerpt from Public Works Committee minutes 4 . RECOMMENDED BY: Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X FISCAL/PERSONNEL NOTE: RecommendedAi RMh Not Recommended 6. EXPENDITURE REQUIRED: $ \ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3M X MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- S•-'-ject: CENTRAL AVENUE TIB GRANT - FISCAL NOTE C__ztor: Tony MCCARTHY / KENT70/FN Dated: 02/04/91 at 1717 . THE PUBLIC WORKS DEPARTMENT IS REQUESTING COUNCIL ACCEPTANCE OF A TRANSPORTATION IMPROVEMENT BOARD GRANT TO IMPROVE CENTRAL AVENUE FROM GOWE STREET TO TITUS STREET. THE PROJECT HAS BEEN IN THE WORKS SINCE JUNE, 1989 WHEN COUNCIL AUTHORIZED THE GRANT APPLICATION. WORD OF THE GRANT AWARD WAS RECEIVED ON JANUARY 25, 1991 AND MUST BE ACCEPTED BY FEBRUARY 8TH. CITY MATCHING FUNDS WILL COME FROM DRAINAGE UTILITY FUNDS, WSDOT OVERLAY FUNDS WITH MINOR AMOUNTS FROM OTHER COMPLETED STREET PROJECT FUNDS. THE PROJECT HAS BEEN SCOPED DOWN FROM WHAT WAS DISCUSSED IN 1989 AND THEREFORE DOES NOT REQUIRE ADDITIONAL CIP FUNDS. WITH NO ADDITIONAL CITY COMMITTMENTS, THE IBC RECOMMENDS THE ACCEPTANCE OF TIB GRANT. DEPARTMENT OF PUBLIC WORKS May 28, 1992 TO: PUBLIC WORKS CO" TEE FROM: DON WICKSTROM M) RE: CENTRAL AVENUE IMPROVEMENT (GOWE TO TITUS) TIB GRANT We have received notice from the Transportation Improvement Board that they have authorized $437, 520 for the construction phase of this project. We are recommending the grant be accepted and that the Mayor be authorized to sign the grant agreement. - State of Washington �� Transportation Improvement Board CITYOFN'T I rransporlation Building KF-01 MA 9 F 19 y Olympia. Washington 98504 (206)753-7198 SCAN234-7198 ENCiIIyCC�Il�ili lid '( May 26, 1992 Mr. Don Wickstrom, P.E. Public Works Director City of Kent 220 4th Avenue South Kent, WA 98032-5895 Transportation Improvement Project TIB No. 8-1-106(22) Central Avenue Gowe Street to Titus Street City of Kent Dear Mr. Wickstrom: We are pleased to advise you that the Transportation Improvement Board has authorized financial assistance for the construction phase of the subject project. Urban Arterial Trust Account (UATA) funds approved for the design phase were $129,280. The amount authorized for the construction phase is $437,520. Your request for an increase of $49,280 was approved providing a total of $566,800 in UATA funds. The effective date of this authorization is May 21, 1992, and reimbursable work for the construction phase may now begin. The next steps in proceeding with your project are listed below: 1. Sign both copies of the Project Agreement for Construction and return them to the TIB office by June 12, 1992. 2. In accordance with TIB rules, an Updated Cost Estimate form (TIB Form 190-015) is required when you are considering contract bids but prior to contract execution. When you receive verbal or written concurrence from the TIB staff, you may award the contract. If you have questions, contact the TIB office in Olympia at (206)586-8714 or (206)586-1291. Sincerely, John M. Tevis, P.E. UATA Program Engineer JMT:gjb Enclosures cc: Terry Paananen Public Works Committee June 3 , 1992 Page 4 Jim White confirmed that the Chamber has reviewed this. Jim Bennett asked about staffing for the program. Wickstrom explained that we have a consultant who is developing the program. Tom Brubaker brought to the committee's attention that they have a draft of the agreement. We should be receiving the final form before the June 16 council meeting. In order to meet the required time frame for signature, he asked for authority to make any minor modifications that may be required with the understanding that if any substantial changes are required we will bring it back before the Committee. The Committee unanimously recommended approval for signature of the Commute Trip Reduction Plan interlocal agreement upon approval of the final form by the City Attorney. �► Central Avenue Improvement (Gowe to Titus) TIB Grant Wickstrom stated we have received a construction grant from the Transportation Improvement Board for the improvement of Central between Gowe and Titus. This is a one-block widening project which adds a right turn lane at Gowe and Titus as well an overlay from Willis to Smith Street. The Committee unanimously recommended approval to accept the grant and authorization for the Mayor to sign. Cornucopia Days Ordinance This ordinance is similar to what has been adopted in previous years authorizing street closure for Cornucopia Days. The Committee unanimously recommended adoption of the ordinance. Ed White asked if there were another way to effect these street closures for the various festivals without going to Public Works and Council each year. It was determined that adopting the ordinances each year is the best way. Jim Bennett commented about possibly finding another site for the Balloon Classic so revenue is not taken from a revenue producing facility. Canyon Drive Barrier Jim White stated he had been contacted by a number of citizens as to why we did not install the jersey barriers further up Canyon. He asked staff to look into the costs and possibility of installing additional barriers further east on Canyon possibly up to 101st by the high school. Wickstrom stated we could look at the project for inclusion in the six year street program. Tom Brubaker added there would possibly be condemnation issues to address and should be considered as part of the costs. 1 Kent City Council Meeting ry fU Date June 16 , 1992 Category Consent Calendar 1. SUBJECT: USED MOTOR OIL COLLECTION EVENTS 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for staff to accept the grant from the Local Grants Program of the Local Hazardous Waste Management Program for Seattle/King County and to proceed with the used motor oil collection events. 3 . EXHIBITS: Memo from Public Works Director, fiscal note, letter from Health Department and event proposal 4 . RECOMMENDED BY: Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended /fiVA Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3N x MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- Suhject: USED OIL COLLECTION EVENT - FISCAL NOTE C. itor: Tony MCCARTHY / KENT70/FN Dated: 06/02/92 at 1434 . THE PUBLIC WORKS DEPARTMENT IS REQUESTING ACCEPTANCE OF A $9,717 GRANT FROM THE SEATTLE KING COUNTY HEALTH DEPARTMENT TO FUND A USED OIL COLLECTION EVENT. THE GRANT WILL COVER 100% OF THE COST THE EVENT WHICH INCLUDES THE COST OF AN OUTSIDE COLLECTION CONTRACTOR, APPROPRIATE PROMOTION AND CITY STAFFING COSTS. THE ONLY HITCH IS THAT THE CITY WILL HAVE TO UP FRONT THE COST FROM THE ENVIORMENTAL FUND UNTIL THE INTERLOCAL AGREEMENT WITH THE HEALTH DEPARTMENT CAN BE FINALIZED. SINCE THE PROJECT IS 100% GRANT FUNDED, THE EXECUTIVE COMMITTEE RECOMMENDS GRANT ACCEPTANCE AND APPROVAL OF THE BUDGET. DEPARTMENT OF PUBLIC WORKS May 27, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM S�O RE: USED OIL COLLECTION In December of 1991, we became aware of grant funds that would be available to Kent in 1992 for hazardous waste programs. This grant does not require matching funds from the City and provides a 100% reimbursement up to $9 , 717 . So as not to miss out on the opportunity of the grant funds, an outline was developed for an oil collection event and a grant application submitted. We have been advised that our application has been approved and we have been given authorization to proceed with the project. While it is unlikely we will have an interlocal agreement with the Health Department developed and signed prior to our planned event, the Health Department has committed to fulfill its obligation for reimbursement of costs up to $9 , 717 (see attached) . We are recommending that we proceed with the oil collection event in July (rather than June as originally proposed) with the costs for same paid from the Environmental Fund with reimbursement to that fund coming from the grant. The Executive Committee has concurred with this recommendation. 14 D& (S) C.it* of Seattle Kind!Couot� rn No .a,.It, Itive,Mupur Ti...I lit 1,Exe,aril Seattle-King County Departuseut of Public 11e.1101 David Al. Lu rice Dii-eclor May 7 , 1992 Karen Siegel Administrative Assistant City of Kent 220 - 4th Avenue South Kent, WA 98032-5895 Dear Ms. Siegel: I have reviewed your proposed 1992 Local Grant Project. The oil collection events that the City of Kent is planning are within the scope of programs funded through the Local Grants program of the Local Hazardous Waste Management Program for Seattle-King County. The Health Department is currently processing the interlocal agreement between the City of Kent and the Seattle-King County Department of Public Health that will allow the City of Kent to proceed in implementing these collection events. The contracting process is lengthy, and I don't feel that we will be able to have the signed interlocal agreement prior to your first event on June 20, 1992 . This interlocal will need to be signed by both parties before the Health Department is authorized to reimburse the City of Kent for the collection events. However, please accept this letter as a commitment on the part of the Seattle-King County Department of Public Health to fulfill its obligation for reimbursement of costs up to $9, 717 to the City of Kent for these collection events prior to formal acceptance of the interlocal agreement by both parties. If you have any questions concerning this process please feel free to contact me at 296-3988 . Thank you. Sincerely, Todd W. Yerk s Environmental Health Services Supervisor Local Hazardous Waste Program B: <WP-LHWMP-GRANTS>LOCALKEN Environmental Health Division Room 201 Smith Tower Seattle,Washington 98104 (206)296.4722 "Printed on Recycled Paper" Message. Dated: 06/02/92 at 1451. Subject: USED OIL COLLECTION EVENT c^nder: Tony MCCARTHY / KENT70/FN Contents: 3 . Karen SIEGEL / KENT70/PW Part 1. TO: Karen SIEGEL / KENT70/PW Don WICKSTROM / KENT70/PW Part 2. A FISCAL NOTE FOR YOUR COMMITTEE MEETING TOMORROW. Part 3. THE PUBLIC WORKS DEPARTMENT IS REQUESTING ACCEPTANCE OF A $9,717 GRANT FROM THE SEATTLE KING COUNTY HEALTH DEPARTMENT TO FUND A USED OIL COLLECTION EVENT. THE GRANT WILL COVER 100% OF THE COST THE EVENT WHICH INCLUDES THE COST OF AN OUTSIDE COLLECTION CONTRACTOR, APPROPRIATE PROMOTION AND CITY STAFFING COSTS. THE ONLY HITCH IS THAT THE CITY WILL HAVE TO UP FRONT THE COST FROM THE ENVIORMENTAL FUND UNTIL THE INTERLOCAL AGREEMENT WITH THE HEALTH DEPARTMENT CAN BE FINALIZED. SINCE THE PROJECT IS 100% GRANT FUNDED, THE EXECUTIVE COMMITTEE RECOMMENDS GRANT ACCEPTANCE AND APPROVAL OF THE BUDGET. PROPOSED CITY OF KENT USED MOTOR OIL COLLECTION EVENTS The City of Kent is proposing to hold two special used motor oil collection events, one approximately June 20, 1992 and another in February, 1993 . Used oil filters will also be collected at each of the events. Three sites will be made available to the public between the hours of 9 : 00 a.m. and 4 : 00 p.m. on each of those dates. The sites will be City of Kent Fire Stations, one at 24611 116th Avenue S.E. , one at 26512 Military Road South and the third at 20676 72nd Avenue South, thus making the oil collection events readily available to citizens on the east and west hills of Kent as well as the valley floor. In January, 1992 , a request for proposals based upon the above information was sent to three companies known to have experience in used motor oil collection. A copy of that RFP is attached. The following cost projections for the proposed program are based upon the response (and only response) submitted by Burlington Environmental. Since Burlington Environmental operates the Household Hazardous Wastemobile for King County Solid Waste, we felt their response and costs were reliable. USED MOTOR OIL Five to ten open top drums will be available at each site for interim collection and testing of oil and oil filters. The drums will be placed on a layer of heavy plastic surrounded by a barrier of sand for containment of any potential spill. As the oil is collected it will be visually inspected and poured into an open drum. once a drum is full, a Chlor-D-Tect test will be done to determine the purity of the contents. OIL FILTERS All used oil filters will go into one of the open top drums and be labeled accordingly for management by Burlington Environmental at their Kent TSD facility. All filters will be crushed, the oil extracted for energy recovery and the spent crushed filter packaged for hazardous waste landfill. COLLECTION A 2800 gallon compartmentalized pumper truck will rotate between sites removing the oil and oil filters and transporting the oil to Burlington Environmental 's Pier 91 TSD facility for processing and blending as an on-spec fuel. Any contaminated used oil will be managed at Burlington Environmental Georgetown TSD facility and Description of Proposed City of Kent Used Motor Oil Collection Events Page 2 blended for energy recovery for use in an EPA permitted hazardous waste fuel cement kiln. STAFFING Two First Class Firefighters specially trained in hazardous materials handling will be available at each of the sites to collect the oil and assist in the proper disposal of the material. We will attempt to . use a scouting group such as Eagle Scouts to assist with traffic control and distribution of educational material. An Assistant Fire Chief will be available during the day and will rotate from site to site to supervise the firefighters and assist with any crisis management or spill containment as may be necessary. The project coodinator will also rotate from site to site during the day to assure smooth operation of the event. The water quality engineer will be available to provide education and informational material to the participants. EDUCATIONAL MATERIAL As mentioned above, we will be distributing educational material to the participants of the program. We will be contacting King County Solid Waste, City of Seattle, and Department of Ecology to obtain copies of any brochures they might have available on oil recycling and recycling in general for distribution. In addition, we will develop our own informational brochure for distribution. ADVERTISING The events will be advertised by including notices in the City's utility bills in April and May for the June event and in December and January for the February event. The notice in the April and December billings will contain general information on proper oil collection and disposition. The followup notice will give specifics as to the collection event, time, and place. EVALUATION During the first event, we will be able to determine if any changes need to be made in staffing levels, collection, and traffic flow. Responses received to the questionnaire will help us determine if we need to change the focus of our advertising and if we need to alter the collection method or locations. The quantity collected Description of Proposed City of Kent Used Motor Oil Collection Events Page 3 will be an indicator of the effectiveness of the program and whether we should plan on future events. As participants drive into the site, we will ask that they complete a questionnaire to help us determine demographics of participants, effectiveness of our advertising, accessibility of the sites and any further needs or enhancements to the program. The participants will be handed a copy of all educational material we will have available which may include the hazardous wastemobile schedule, King County brochures, DOE brochures, etc. Public Works Committee June 3 , 1992 Page 3 or reduces the size of future additions. Metro is paying 56% of the cost of this project. Wickstrom added we are recommending award to Robison Construction. The Committee unanimously recommended accepting the bid of Robison Construction. POP" Used oil Collection Event Wickstrom stated we applied for a grant to hold two used motor oil collection events. We have received grant approval paying for the costs involved in holding the event with no match from the City. Since the grant agreement will not be signed in time to hold the first event in July, the Health Department has given us authorization to expend funds prior to signing the actual agreement. The initial costs would come from the Environmental Fund which would be reimbursed by the grant. The Executive Committee has approved this approach. It was explained that two sites would be available on July 18 with one site being the city shops area and the other the East Hill fire station on 116th. Participants would be able to bring their used motor oil for disposition. The Committee unanimously recommended adopting the used oil collection grant funds that are made available and to proceed with this project. Dead Tree Short Plat Wickstrom explained that a water extension and some street improvements were constructed by the developer of the Dead Tree Short. Those improvements are completed and the developer is now asking for the City to accept same. The Committee unanimously recommended approval to accept the improvements. Interagency Agreement with King County - 196th/200th Corridor Wickstrom stated this agreement is for the design of the west leg of the 196th corridor from Orillia over to WVH. This is a joint project with the County. The County is willing to pay their share of the project from the middle of the river over to Orillia. We have a TIB grant and street utility funds to pay the City's portion of the project. The Committee unanimously recommended approval for the Mayor to sign the agreement. Commute Trip Reduction Interlocal Agreement Wickstrom explained this is an interlocal agreement with the County which enables us to secure State funding for the Commute Trip Reduction Program we are required to implement. The City would be eligible for approximately $130, 000 over a two year period. There are approximately 64 businesses in Kent that exceed 100 employees. V Kent City Council Meeting Date June 16. 1992 Category Consent Calendar 1. SUBJECT: 1992 JAIL HEALTH SERVICES CONTRACT 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign 1992 Jail Health Services Contract with Seattle-King County Department of Public Health. This contract provides for nursing staff for the inmates. 3 . EXHIBITS: Contract 4 . RECOMMENDED BY: Staff and Public Safety Committee 6/1/92 (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $89 ,508 SOURCE OF FUNDS: General Fund 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 30 Contractor: Seattle-King County Department of Public Health Address : 110 Prefontaine Place South Suite 600 Seattle, Washington 98104 Services Provided: Jail Health Services Amount : $89, 508 Duration: January 1, 1992 through December 31, 1992 Liaison, Health Barbara Hadley Department : (206) 296-1082 City of Kent : Captain Dennis Byerly 220 Fourth Avenue South Kent, Washington 98031 CONTRACT FOR SERVICES THIS AGREEMENT, entered into as of the 1st day of January, 1992, by the City of Kent, hereinafter referred to as the "City, " and the Seattle-King County Department of Public Health, hereinafter referred to as the "Contractor, " WITNESSETH WHEREAS, the City is undertaking certain activities necessary to meet health needs as they relate to correctional health services; and WHEREAS, the City desires to engage the Contractor to render certain services in connection with such undertaking of the City. NOW, THEREFORE, the parties do mutually agree as follows : I . Scope of Services A. The Contractor' s responsibilities include: 1 . Scheduling A nurse practitioner and a public health nurse will be routinely scheduled for 20 hours/week. Holidays and leaves of absence will necessitate variation in the scheduling of personnel and ability to recruit appropriate staff may limit ability to provide service. 2 . Sick Call a. A minimum of 20 hours/week of sick call will be available. It will be scheduled Monday through Friday. Clinic hours will be determined by mutual agreement . Sick call consists of diagnostic and treatment services for acute and chronic illness and will be provided by nurse practitioner and public health nurse staff consistent with Section A. 1 . Contract for Services - January 1, 1992 City of Kent/Seattle-King County Department of Public Health Page 2 b. Treatment of acute or chronic medical conditions will be limited by: • licensure, •certification, and training of nurse practitioners and public health nurses . • availability of monitoring, observational and treatment capabilities of qualified staff. • availability of support and consultant resources . C . Laboratory tests ordered by Contractor staff will be provided by the Contractor. 3 . 14-day Health Appraisal a. 14-day health appraisals will be conducted within the 10th and 17th day of confinement . b. The 14-day health appraisal will include: • basic medical/health history, • vital signs, • brief physical examination, • TB skin test, • syphilis serology, • review of Contractor-approved Reviewing/Screening form. 4 . Health Receiving Screening a. The Contractor will update, as necessary, the Health Receiving/Screening form. b. The Contractor staff will train officers in use and application of the form. C . The Contractor staff will review all Health Receiving/Screening Forms and recommend appropriate follow-up: 5 . Triage a. Contractor staff will review written inmate complaints/requests during normal Monday through Friday clinic hours . b. Corrections staff will collect written inmate complaints/requests during the hours the Contractor staff are not at the correction facility. C. Contractor staff will prioritize complaints/requests and will follow-up as appropriate. 6 . Medical Records a. Contractor staff will maintain the medical records system. b. Contractor staff will maintain a system which protects the confidentiality of health information. C . Corrections staff will insure the provisions of Section 5 .b above are maintained. d. Contractor staff, upon notification of corrections staff, will prepare appropriate information on inmates transferred to another correctional facility. Contract for Services - January 1, 1992 City of Kent/Seattle-King County Department of Public Health Page 3 e. Contractor is the keeper of the health records . Release of any confidential health information will be done by the Contractor per the Contractor' s policy and procedures. £. City will pay for clerical staff 2 hours per week to handle medical records . 7 . Policy and Procedure Manual Contractor will maintain a policy and procedure manual for activities and services provided by Contractor staff. 8 . Medications Prescriptions written by Contractor will be supplied in standard pharmacy packing through a pharmacy contract to a maximum Contractor' s responsibility of $600 . , unless renegotiated by the City and Contractor. This pharmacy contract will be obtained by and for the Contractor. 9 . Medication Administration Contractor staff will administer all jail health-approved medications to the individual inmates when such staff are on site during normal Monday through Friday clinic .hours . The City will be responsible for medication distribution at other times . 10 . Dental Services Dental services will be limited to emergency care or pain relief and may be provided at Contractor' s location during normal clinic hours (8 : 00 AM to 4 :30 PM, Monday through Friday) . Two (2) hours notification by the City is needed to make necessary accommodations . a . Transporting, escort service, and security will be provided by the City. b. Payment for dental services will be in accordance with Section III.B. of this agreement and is separate from the base agreement. C . Due to the disruption of normal clinic activity, any appointment that is more than 15 minutes late will be rescheduled. The City will be charged for any such missed appointment, or a cancellation without at least 24 hours notice, at the rate of a normal examination. 11. Telephone Consultation Services Contractor staff will provide limited telephone consultation to Corrections staff during periods when the clinic is not scheduled. This service is subject to the following limitations : a. Contractor staff will be available only at telephone numbers which they will provide . Contract for Services - January 1, 1992 City of Kent/Seattle-King County Department of Public Health Page 4 b. Contractor staff will not be on any form of "standby. " C . Contractor staff availability depends on their voluntary presence at a given telephone site and willingness to participate. d. Contractor staff participation is strictly voluntary at all times . e . The City will be charged for not less than 15 minutes of Contractor staff time for each telephone consultation and in increments of 15 minutes for any time after that for each incident . The charge for service time will be according to personnel costs for labor at the time of consultation in accordance to Washington State Nursing Association-King County contract or King County Personnel rules, whichever applies . This cost will be above and beyond the amount listed in the basic contract . f . Such telephone consultation will be limited to basic medical triage/screening and not be construed as emergency care. Contractor staff will provide advice regarding necessary further action required. a. Contractor staff who receive consulting telephone calls will maintain a log indicating the date, time length of call, and general call content. This log will be reviewed at least quarterly or upon request, with the City of Kent Correctional Facility administrator. h. An itemized list of telephone consultations, including actual costs, will be submitted by the Contractor to the City of Kent Correctional Facility administrator on a monthly basis . 12 . The Contractor' s Jail Health Service administrator or designee will meet quarterly with the City' s Correctional Facility administrator and review the health care delivery system. 13 . The Contractor will provide quarterly and annual statistical reports on the health care delivery system in the City' s correctional facility. B. The City' s responsibilities include : 1 . Providing an appropriate examination room, furnishings, telephone, and security for the Contractor' s staff. 2 . Providing for the security of records and maintenance of confidentiality when Contractor staff is not on site. 3 . Providing medical, dental and pharmacy services not specifically provided by the Contractor, and any psychiatric services. 4 . The City' s correctional facility administrator will meet quarterly with the Contractor' s jail health administrator or designee to review the health care delivery system. Contract for Services - January 1, 1992 City of Kent/Seattle-King County Department of Public Health Page 5 II. Time of Performance The services of the Contractor are to commence on the 1st day of January, 1992, and terminate on the 31st day of December, 1992. The duration of the contract may be extended or terminated upon mutual written agreement between the parties hereto and pursuant to the terms and conditions of the agreement . III . Compensation. and Method of Pavment A. The City agrees to compensate the Contractor in the total amount not to exceed $89, 058 - see Exhibit A. The City shall make payment within 30 days of receipt and approval of invoices (s) B. The City shall reimburse the Contractor for dental services - see Exhibit B. The City shall make payment within 30 days of receipt and approval of invoice (s) . C. The 1992 contract amount includes indirect overhead charges based on annually established County and Departmental rates . IV. Indemnification The City shall defend, protect, and hold harmless the Contractor, its elected and appointed officials, and any employees thereof, from and against all claims, suits or actions, including the cost of. defense thereof, arising from any negligent act or omission, or violation of constitutional or civil rights committed by the City Pursuant to this contract . The City agrees that its obligations under this subparagraph extend to any claim, demand or cause of action brought by or on behalf of any employee of the City against the Contractor, its officer, agents or employees, and includes any judgement, award, and cost arising therefrom, including attorney' s fees . The Contractor shall defend, protect, and hold harmless the City, its elected and appointed officials, and any employees thereof, from and against all claims, suits or actions, including the cost of defense thereof, arising from any negligent act or omission of the Contractor pursuant to this contract . The Contractor agrees that the obligation to indemnify, defend and hold harmless the City and its agents and employees under this subparagraph extends to any claim, demand or cause of action brought by or on behalf of any employee of the Contractor against the City, its officers, agents or employees, and includes any judgement, award, and cost arising therefrom, including attorney' s fees . V. Changes Either party may request changes in the scope of services, performing or reporting standards, or budget provided herein. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this agreement, signed by both parties . This contract supersedes all previous contracts or agreements relative to services. Contract for Services - January 1, 1992 City of Kent/Seattle-King County Department of Public Health Page 6 VI . Termination The City may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement if, (1) the Contractor fails to provide services called for by this Agreement within the time specified herein, or if, (2) funding becomes no longer available for the project described herein. Either party to this Agreement may terminate the whole or any part of the Agreement for any reason by providing written notice to the other party thirty (30) days prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first herein written. CITY OF KENT SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH Signature ature Jr USSA;iG�c'o* �40 CAUN ;D V:YE. Dan Kelleher Name Name Mavor 7-�f2v— Title Title ATTEST: ATTEST: City Clerk Departpffenkf Eikecu ive V Adm s at nLl__111 APPROVED AS TO FORM: King County Prosecuting Attorney EXHIBIT A BUDGET Kent Jail Health Program January 1 , 1992 through December 31, 1992 Personnel Costs Family Nurse Practitioner at $23 . 78 per hour 1044 hrs $24, 828 Public Health Nurse at $20 . 98 per hour 1044 hrs 21, 906 Administrative Specialist I at $10 . 77 per hour 104 hrs 11120 Intermittent Nursing Hours at $22 . 16 per hour 157 hrs 3 , 479 Subtotal : $51, 333 Overtime Estimate 21500 Salary and wage Contingency 71061 nge Benefits (28%) : $13, 708 Total Personnel Costs : $74, 602 Support Costs Office Supplies $ 100 Pharmaceuticals 600 Publications 150 Medical Supplies 400 Misc . Operating Supplies 100 Laboratory Services 508 Mileage 500 Total Support Costs : $2, 358 Contract Overhead (16%) S 12 , 098 PROJECT TOTAL: $89, 058 Rev. 1/12/90 -1 E`fec . MOST COMMON DENTAL PROCEDURES FULL 75X OF 506� OF 25% OF -C- PHIS FEE FULL FEE FULL FEE FULL FEE PROCEDURE Code D C B DIAGNOSTIC Initial Exam D011O1 5 10.00 7 .50 5.00 2.50 Periodic Exam OD1201 10.00 7.50 5.00 2.50 Emergency Exam 001301 10.00 7.50 5.00 2.50 Film PA, 1st 002201 5.00 3.75 2.50 1. 25 Film PA, Add' 1 002301 1. 00 .75 .50 .25 Film, D, 1 002701 5.00 3.75 2.50 1 .25 Films , BWX 2 002721 6.00 4.50 3.00 1.50 Films , BWX 4 002741 6.00 6.00 4.00 2.00 Films , BW'A, Add ' l 002751 1.00 .75 .50 .25 RESTORATIVE Amal Dec 1 surf 021101 23.00 17.25 11.50 5.75 Amal Dec 2 surf 021201 33.00 24 .75 16.50 8.25 Am)a1 Dec 3 surf 021301 38.00 28.50 19 .00 9.50 A m a I Dec 4 surf 021311 45.00 33.75 22.50 11.25 Amal Perm 1 surf 021401 25.00 18.75 12 .50 6.25 Amal Perm 2 surf 021501 37.00 27.75 18.50 9.25 Amal Perm 3 surf 021601 46.00 34.50 23.00 11.50 Aural Perm 4 surf 021611 58.00 43.50 29 .00 14 .50 Ant Comp 1 *surf 023301 28.00 21.00 14.00 7.00 Ant Comp 2 surf 023311 42.00 31.50 21 .00 10.50 Ant Comp 3 surf 023321 54 .00 40.50 27.00 13. 50 Ant Comno 4 surf 023351 64 .00 48.00 32.00 16.00 Recement Crown C29201 16.00 12.00 6.00 =. .00 SSC Crown Dec 029301 51 .00 38.25 25.50 12.75 SSC Crown Perm 029311 56. 00 42 .00 28.00 14.00 Resin Crown 029321 63.00 47.23 31.50 15.75 PREVENTIVE Prophy, adult 011101 30.00 22.50 15.00 7.50 Prophy, child 011201 21.00 15 .75 10.50 5.25 Topical Applications 12011 32.00 24 .00 16.00 8.00 j Fluoride 012031 11.00 8. 25 5.50 2.75 Sealant 013511 10.00 7 .50 5. 00 2. 50 /� L 50; i. PEI5 FEE FULL FEE FULL FEE FULL FE_ PRO-EDUPE Code E D C E ,....PACE �'�I h'TE►;ARCS Fixed Unilat . 015101 57 .00 42.75 28. 50 14 .25 Fixed Eilat. 015151 7E.00 56.50 39 . 00 19 . 50 ReCement Spacer 015501 16.00 12 .00 6. 00 4 . 00 P=RI DDONTI CS RcOt Planing Quad 043411 25.00 1E.75 12 . 50 6. 25 ERDODORTICS Pulp Cap. Di-. C31101 9. D0 6. 75 4 . 50 2. 25 Pu1p0t0Ty 032201 25.00 18.75 12. 50 6. 25 One Canal 033101 133. 00 99.75 66 . 50 33 .25 Two Canals 033201 1ES.00 138.75 92 .50 45 . 25 Three Canals C.33301 24O.OD 130.00. 120.00 60. 00 Apexirication 033501 25.00 18.7S 12 . 50 6.25 PROST':=TICS _ R Co,.,plete Upper 051101 330.00 247.50 155 .00 82 . 50 Co.,Iplete Lowe- 051201 33C.00 247.50 165. 0D 82. 50 Partial Upper QS2131 325.OD 243.75 152.50 E:. 25 :rtial Loy,=. 0�52141 325.00 2=.3.75 162. 50 c1 .2S jus Upper CD 0S4101 15.00 11.25 7. 50 ...75 AdjCst Lower CD 0S4 a_ _.5.00 s1 .2S 7. 50 3. 75 Adj"st U Partial 054211 1S.Oo _1 .25 7. 50 3.75 Adjust L Partial 05=.221 15.00 11.25 7. 50 3. 75 me Upper C57501 100.00 7 5 .00 50. 00 25 . 00 'r.=_iine Loner 057511 100.00 7S. 00 50. 00 2S. 00 'eIin U Partial CS76G1 92.n0 69.00 45.00 23 .00 =line L Partial 0576s1 92.00 6° .DO 46. 00 23. QO Tissue Condition CSE501 _...OD 1_' . 50 9. 00 4 . 50 Repair (write in) ORAL SU�c=PY =Xt. Sincle Tooth 071101 2S. D0 20.75 12. 50 6. 25 Ext. Add' 1 Teeth 071201 20.00 15.00 20.00 5. 00 Rcot Re.-.10val 071301 25.00 19 . 50 13 .00 6. 50 SurciCal Ext. G72101 S�.Oo 39 . 75 26. 50 Ire. 7 . 50 and Drain C7SIn1 30.00 22 . 5G _5. 00 L L rU �7 � PHIS FEE FULL FEE FULL FEE FULL FEE PRO;EDURE Code E D C "o _ MI SC TKJ Splint 076801 150.00 112. 50 75.00 ?J . 50 Palliative Treat. 091101 19.00 14 .25 9. 50 4 . 75 Management Prob. 099201 6.00 4 . 50 3. 00 1. 50 Consult DSHS manual for cones and fees for procedures not listed above. 1/1/90 RF:EC/nr EXHIBIT C INVOICE Kent Jail Health Program January 1, 1992 through December 31, 11,92 Jail Health Services provided by the Seattle-King County Department of Public Health for the Citv of Kent for the period of Personnel Costs (1/12) Hours Charaes Familv Nurse Practitioner $ Public Health Nurse $ Administrative Specialist I $ Intermittent Nursing Hours $ Subtotal: $ Overtime $ Salary and wage Contingency $ Fringe Benefits $ Total Personnel Costs: $ port Costs (Actuals) Office Supplies $ Pharmaceuticals $ Publications $ Medical Supplies $ Misc. Operating Supplies $ 7-abcratory Services $ Mileage $ Total Support Costs: $ Total Direct Costs: $ Contract Overhead (1/12) $ TOTAL. INVOICE: $ NOTE: Supplies and services billed at actual Personnel and indirect billed on a 1/12th basis; December adjustment from actuals I� Kent City Council Meeting \ Date June 16. 1992 Category Other Business 1. SUBJECT: Vetoed Fireworks Ordinance 2 . SUMMARY STATEMENT: The current drought conditions in the Paci is Northwest created the probability for a serious fir threat this summer. As a consequence, during the 2, 1992 council meeting, an emergency ordinance limiting discharge of fireworks to July 4th was considered and passed. Following its passage, the ordinance was vetoed by the mayor. The vetoed ordinance is being submitted for the record and consideration by Council . 3 . EXHIBITS: Ordinance No. 3045 4 . RECOMMENDED BY: Fire Department (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 ��n` iti'� moves, Councilmember /' seconds to enter vetoed Ordinance No. 3045 into the record ai-\ ) to override the Mayor' s veto of Ordinance No . 3045 . DISCUSSION• ACTION• Council Agenda Item No. 4A i I ORDINANCE NO. 3� s �. I AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the discharge of fireworks within the city. WHEREAS, pursuant to KCC 13 . 09 . 010, the City of Kent adopted, by reference, RCW 70. 77 , the State Fireworks Law; and WHEREAS, pursuant to RCW 70. 77 . 395, fireworks may be discharged within the City from 12 o' clock noon on June 28 to 12 o'clock noon on July 6 of each year, and that no fireworks may be discharged between the hours of 11 o'clock p.m. and 9 o'clock a.m. ; and WHEREAS, pursuant to RCW 70 . 77 . 250 (4) , municipalities are granted concurrent jurisdiction over fireworks regulations and, in certain instances, may enact more restrictive regulations; and WHEREAS, the current drought conditions in the Pacific Northwest has created the probability of a serious fire threat, resulting in the worst fire conditions in recent history; and WHEREAS, pursuant to RCW 35A. 12 . 130, the City Council, with the declaration of a public emergency, may pass an emergency ordinance for the protection of public health, public safety, i public property, or the public peace, which ordinance may be effective immediately; and i l III WHEREAS, the City Council has determined that an :' emergency condition does exist due to the current drought g Y conditions within the City of Kent; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES " HEREBY ORDAIN AS FOLLOWS: i Section 1. Declaration of Emergency. The City Council 1does hereby declare that there exists an emergency condition affecting the public health, public safety, public property, or public peace as a result of the current drought conditions existing within the City of Kent, as well as the Pacific Northwest region, which has been compounded by the limiting use of water for irrigation of lawns and shrubbery in the region, and that such emergency condition necessitates the need to restrict the discharge of fireworks through the passage of an emergency ordinance. Section 2 . Discharge of Fireworks. The discharge of fireworks pursuant to the rules, regulations, and provisions adopted by Kent City Code 13 . 09 . 010 is restricted as follows: No common fireworks, as defined in RCW 70. 77 . 126, shall be discharged within the City of Kent except from 9 o ' clock a.m. to 12 o'clock midnight, July 4 , 1992 . Section 3 . Penalty. Any violation of the provisions of this ordinance shall constitute a misdemeanor punishable by a fine of one hundred dollars ($100 . 00) or by imprisonment not exceeding ninety (90) days or by both such fine and imprisonment. Each violation shall constitute a separate offense. it 2 �I i I I Section 4. Inconsistent Provisions. During the effective period of this ordinance, as set forth below, the ,provisions of this ordinance shall prevail over KCC Chapter 13 . 09 to the extent KCC Chapter 13 . 09 is inconsistent. Section 5. Effective Date. Pursuant to RCW 35A. 12 . 130, this ordinance shall be effective upon adoption. The provisions of this ordinance are temporary and shall remain in effect only until July 31, 1992 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: 52 V CH CITY ATTORNEY ROGER A. LUBO I , PASSED the day of 99 ( APPROVED the day of PUBLISHED the day of 19 I hereby certify that this is a true and rr ct p lof Ordinance No. passed by the City Council f t 3 it �� C � �� ��� � Kent City Council Meeting Date June 16, 1992 Category Bids 1. SUBJECT: 1992 ASPHALT OVERLAY 2 . SUMMARY STATEMENT: Bid opening was May 20 and three bids were received. The project includes overlay of several streets within the City with the scope of work broken down into seven different schedules. The low bidder for all seven schedules was Lakeside Industries; however, project funds are only sufficient to complete the first four schedules. The law bidder for those four schedules is M. A. Segale. We therefore recommend;, and�Public Works Committee has concurred with, awarding Schedules 1-4 of the 1992 Asphalt Overlay Program to M. A. Segale for the bid amount of $142, 536. 20. AA C, V E 0 3 . EXHIBITS: Memo from Public Works Director, bid summary and excerpt from Public Works Committee minutes 4. RECOMMENDED BY: Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: N0-_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember �� moves, Councilmember seconds that Schedules 1-4 of the 1992 Asphalt Overlay Program be awarded to M. A. Segale for $142 , 536.20. DISCUSSION• V)-/O ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS May 27, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROMbv" RE: 1992 ASPHALT OVERLAY The proposed 1992 Asphalt Overlay program included overlay of: o Schedule 1 - S. 212th Street (84th Ave S. to UPRR) o Schedule 2 - North 1st Avenue (James Street to termination point) o Schedule 3 - North 2nd Avenue (James Street to termination point) o Schedule 4 - West Cloudy Street (N. 4th Avenue to N. 5th Avenue) o Schedule 5 - Cole Street (N. ist Avenue to N. 3rd Avenue) o Schedule 6 - Cloudy Street (N. ist Avenue to N. 3rd Avenue o Schedule 7 - North 3rd Avenue (James Street to termination point) Bid opening for this project was May 20, 1992 with the low bid submitted by Lakeside Industries for the bid amount of $184 , 365 . 30 for all of the above schedules . For 1992, the City has reserved overlay funds for participation in King county's 1992 South County Overlay project which includes several roads shared with Kent. Based on the remaining funds available for our overlay contract, I recommend awarding only Schedules 1 through 4 . Low bid for these schedules was M.A. Segale, Inc. at $142 , 536 . 20. The bid specifications specified that schedules were subject to deletion based on the above schedule order. BID SUMMARY SCHEDULES I-VII Lakeside Industries $184, 365 . 30 M.A. Segale, Inc. 184 , 862 . 30 Watson Asphalt Paving Co. , Inc. 192 , 737 . 95 Engineer's Estimate $221, 367 . 50 SCHEDULES I-IV M.A. Segale, Inc. $142 , 536. 20 Lakeside Industries 143 , 623 . 80 Watson Asphalt Paving Co. , Inc. 150, 702 . 95 Engineer's Estimate $175 , 152 . 50 Public Works Committee June 3 , 1992 Page 2 Street Closures Ordinances - Balloon Classic and Canterbury Faire Wickstrom explained these were housekeeping ordinances in order to be able to close the streets for these events. The ordinances are the same as has been adopted in previous years. Patrice Thorell stated that the only difference was that closure of Russell Road from Meeker south to the dike was added to the ordinance for the Balloon Classic. The committee unanimously recommended adoption of the ordinances. 1992 Asphalt Overlay Wickstrom stated that three bids were received. The low bidder for all the schedules was Lakeside Industries with M.A. Segale being the second low. These two bids were within $400 of each other. The budget only allows us to complete the first four schedules of the project. In calculating the bids submitted for those four schedules, M.A. Segale would then be the low bidder. Jim Bennett asked if we had that option. Wickstrom clarified that the specifications clearly state that we have the option of deleting schedules. Paul Mann referred to a Reader's Digest article citing the problem with the poor condition of streets in the United States is that we award to the lowest bidder He questioned if we always award to the lowest bidder. Wickstrom responded that State law requires us to accept the lowest responsible bidder. Jim Bennett stated he feels the citizens might be better served by other than the lowest bidder. He referred to the process in Europe of selecting a mean of the bids received. Tom Brubaker added there is some latitude in the statute if we have substantiation that the lowest bidder is not a responsible bidder. Gary Gill added that regardless which contractor is awarded the contract, the specifications require certain quality assurance and quality control requirements to be met. The Committee unanimously recommended approval to award the bid to M.A. Segale for the first four schedules of the project. North Park Sanitary Sewer Wickstrom stated that eight bids were received with the low bid submitted by Robison Construction. The project rebuilds two sections of the sewer servicing the North Park area. This is a joint project with Metro as a pilot project to determine a method of controlling infiltration/inflow into the sewer. Eliminating infiltration/inflow lengthens the life of the treatment facilities (/ Kent City Council Meeting i Date June 16, 1992 Category Bids 1. SUBJECT: NORTH PARK SANITARY SEWER REBUILD 2 . SUMMARY STATEMENT: Bid opening was June 2 with eight bids received. The low bider was Robison Construction in the amount of $192,796. 98 . t o recommendwt that the low bid be accepted and the contract awarded to Robison Construction. � l 3 . EXHIBITS: Memo from Public Works Director, bid summary and excerpt from Public Works Committee minutes 4. RECOMMENDED BY: 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 that the North Park Sanitary Sewer Rebuild Project be awarded to Robison Construction in the amount of $192 , 796. 98 . DISCUSSION: `L' (1 ACTION: � ,�"�, �p'1 C", Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS May 27, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM ��lN RE: NORTH PARK SANITARY SEWER REBUILD This project is a City of Kent/METRO Infiltration/Inflow pilot project providing for the removal and replacement of sanitary sewer mains, stub-outs, clean-outs and manholes and the removal and replacement of private side sewers . Bid opening for this project is June 2 . We will distribute a summary of the bids received and a recommendation for award at the Committee meeting. DEPARTMENT OF PUBLIC WORKS June 3, 1992 TO: PUBLIC WORKS CONII�ITTEE FROM: DON WICKSTROM �(� \� RE: NORTH PARK SANITARY SEWER REBUILD Eight bids were received on June 2nd for this project. The low bid was submitted by Robison Construction in the amount of $192,796.98. It is recommended the bid be accepted and the contract awarded to Robison Construction. BID SUMMARY Robison Construction $192 , 796.98 Kar-Vel Construction 196, 487. 63 Sound Utilities 209, 530. 92 Mer-Con, Inc. 248, 687. 86 Como Contractors 248, 927 . 08 R.L. Alia Co. 255, 150.44 Tri-State Construction 299,493 .87 Glacier Construction 329, 001.58 Engineer's Estimate $241, 217 . 83 Public Works Committee June 3, 1992 Page 2 Street Closures Ordinances - Balloon Classic and Canterbury Faire Wickstrom explained these were housekeeping ordinances in order to be able to close the streets for these events. The ordinances are the same as has been adopted in previous years. Patrice Thorell stated that the only difference was that closure of Russell Road from Meeker south to the dike was added to the ordinance for the Balloon Classic. The committee unanimously recommended adoption of the ordinances. 1992 Asphalt Overlay Wickstrom stated that three bids were received. The low bidder for all the schedules was Lakeside Industries with M.A. Segale being the second low. These two bids were within $400 of each other. The budget only allows us to complete the first four schedules of the project. In calculating the bids submitted for those four schedules, M.A. Segale would then be the low bidder. Jim Bennett asked if we had that option. Wickstrom clarified that the specifications clearly state that we have the option of deleting schedules. Paul Mann referred to a Reader's Digest article citing the problem with the poor condition of streets in the United States is that we award to the lowest bidder He questioned if we always award to the lowest bidder. Wickstrom responded that State law requires us to accept the lowest responsible bidder. Jim Bennett stated he feels the citizens might be better served by other than the lowest bidder. He referred to the process in Europe of selecting a mean of the bids received. Tom Brubaker added there is some latitude in the statute if we have substantiation that the lowest bidder is not a responsible bidder. Gary Gill added that regardless which contractor is awarded the contract, the specifications require certain quality assurance and quality control requirements to be met. The Committee unanimously recommended approval to award the bid to M.A. Segale for the first four schedules of the project. North Park Sanitary Sewer Wickstrom stated that eight bids were received with the low bid submitted by Robison Construction. The project rebuilds two sections of the sewer servicing the North Park area. This is a joint project with Metro as a pilot project to determine a method of controlling infiltration/inflow into the sewer. Eliminating infiltration/inflow lengthens the life of the treatment facilities or reduces the size of future additions. Metro is paying 56% of the cost of this project. Wickstrom added we are recommending award to Robison Construction. The Committee unanimously recommended accepting the bid of Robison Construction. Used Oil Collection Event Wickstrom stated we applied for a grant to hold two used motor oil collection events. We have received grant approval paying for the costs involved in holding the event with no match from the City. Since the grant agreement will not be signed in time to hold the first event in July, the Health Department has given us authorization to expend funds prior to signing the actual agreement. The initial costs would come from the Environmental Fund which would be reimbursed by the grant. The Executive Committee has approved this approach. It was explained that two sites would be available on July 18 with one site being the city shops area and the other the East Hill fire station on 116th. CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT i B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS i OPERATIONS COMMITTEE MINUTES June 1, 1992 City Clerk COMMITTEE MEMBERS PRESENT: Christi Houser Leona Orr STAFF PRESENT: Ed Chow Kevin Garling Roger Lubovich Tony McCarthy Alana Mclalwain May Miller Kelh O'Donnell Don Olson John Willits MEMBERS OF THE PUBLIC: Bill Doolittle Vern Dwight The meeting was called to order at 4:10 p.m. by Chairperson Houser. Approval of Vouchers All claims for the period ending May 29, 1992, in the amount of$1,173,905.89 were approved for payment. Financial Update (Information Only) Finance Director McCarthy passed out the April financial report which includes some May figures. McCarthy reviewed the exhibits with the Committeemembers present noting that there was little change from the news the Council received in March. Personnel Policy Updates (Information Only) Human Resource Director Olson noted that at the last Operations Committee meeting he had asked to come back and update the Committee on policies implemented or revised. Olson stated that he had four policies which he distributed. They included: 1. Travel and Business Expenses- Olson noted that this policy was updated and was a corroboration between Human Resources and Tom Vetsch of Central Services which is modeled after the Bellevue Plan to bring the policy into the 20th century. 2. Non-represented Layoff Policy- This policy was recently updated in the event that layoffs become necessary. The policy would cover employees not under Civil Service or collective bargaining agreements as well as the Teamsters Union which does not have a layoff clause in their contract. Employees that are under Civil Service or a union contract that covers layoffs will follow the Civil Service Rules or their contract terms respectively. 1 OPERATIONS COMMITTEE MINUTES, CONTINUED June 1, 1992 3. Employee Personnel Files - This is a new policy which outlines retention, purging and access to employees personnel files. 4. Leave of Absence - This policy was revised to include provisions for voluntary leave without pay. It allows for employees who wish to take a months vacation without pay or a sabbatical to save City funds to do so with continued payment of their health and welfare. Previously if an employee worked for less than half of a month these benefits would not be paid by the City. Olson noted that the updated policies have been incorporated into the manual in the Council Office for their reference. During further discussion he asked for Committeemembers to contact him if they had any questions on the policies. After asking if there was any further business to be discussed, Chairperson Houser adjourned the meeting at 4:30 p.m. 2 Brenda Jacober City Clerk PARKS COMMITTEE MINUTES June 2, 1992 Councilmembers Present: Jon Johnson, Chair; Christi Houser and Jim Bennett. Staff Present: Wd Chow, Barney Wilson,ickstrom, Jack Ball , Karen yFord, ThressamAlstonl,e HandPamn Rumer. Others Present: See attached list. REQUEST FOR CITY TO PURCHASE MIDWAY RESERVOIR FOR USE AS A NEIGHBORHOOD PARK Bruce Anderson explained that the Midway Reservoir property is being surplused by the City of Seattle and he felt this would make an excellent neighborhood park. The property is currently being used by the neighborhood as a playing field . When Mr. Anderson asked for signatures in the neighborhood to support a neighborhood park, he also asked for volunteers for the City's Adopt-A-Park program, which he felt would take some strain off of the City's budget. Three of the 15 who signed the list volunteered for the Adopt-A-Park program. hee has oobservedh�increased the o useproperty the property thi seyear by reservoir kiteof lyer said s and frisbee throwers. rovements to maintain the prop ety'sscurrennderon t use, such as flattening t it would require nthe larea p and adding some landscaping. Wilson reported that the property consists of four parcels which join Sunnycrest Elementary. The approximately eight acres are next to the National Guard. He exlained that are ve somewhat hich drop off are there and there are l level trails through thepropertyeatwthis time o whicharewbeding used. Wilson mentioned that when Mr. Biteman was on the Council , he was interested in purchasing the property, but it was never up for sale. He said this is not a money issue at this time, but rather an issue of whether the committee wishes to research this further. Tom Brubaker commented that if Seattle goes to auction, it would be burdensome if the City of Kent had to authorize a range within which someone could bid. The auction may also require payment immediately upon awarding the bid. Brubaker suggested if this develops further, that staff contact the City of Seattle to see if the City of Kent could avoid the bidding process. He felt this could be a difficult process. Mr. Anderson said he was informed by the Seattle Water Department that because Kent is another municipality, Kent would be next in line to purchase the property before a public auction would be held. Councilmember Houser moved to study the issue to determine the price of the property and the parameters to buy the property. Councilmember Bennett seconded the motion. The motion passed unanimously. INTRODUCTION Pam Rumer introduced Thressa Alston, who will become her job share partner effective July 1, 1992. Thressa will be attending Parks Committee meetings during Pam's maternity leave. GARRISON CREEK HANDBALL COURT UPDATE Jack Ball said that he spoke with Mr. Mills, who suggested resurfacing the handball courts with an overlay of stucco-type material to level the court surface. Ball did not feel this was the best option at this time. After talking with 40 Rentals, Ball felt that renting a power planer to grind down the surface to make it smoother is a feasible option. He explained that staff will have to go back over the surface with a buffer to create a finer finish. Staff will also patch the side walls with a stucco-type material . Ball estimated that it will' take approximately 1-1/2 weeks to complete the project, for a total project cost of $300 ($100 per week to rent the power planer and $8 a sheet for the sandpaper) . He felt this would better fit within the budget, as compared to $25,000 for total restoration of the handball courts. Ball said that this will hopefully satisfy the handball club's needs as well as help Park Maintenance staff remain within their current budget. He will discuss this proposal with Mr. Mills, as Ball 's intent is to schedule this project within the next few weeks. RESCHEDULE NEXT PARKS COMMITTEE MEETING The 5:30 PM June 16 Parks Committee was rescheduled for 3:00-4:00 PM in the Council Chambers East on June 16, as there is a Council workshop at 6:00 PM that evening. The committee decided to continue meeting at 5:30 PM and to schedule special meetings when there are conflicts. OTHER • Bill Doolittle asked if a Golf Advisory Board has been appointed yet. The committee responded that there has been no official action. • Helen Wickstrom reported that the Interurban Trail will be completed soon and asked if it would require Parks Committee action to accept the project as complete. The committee directed her to place the issue on the Consent Calendar for full Council approval once the project is complete. PARRS COMMITTEE MEETING June 2, 1992 Attendance Name Address/Department Phone No. 1. 3 34 5 3 . 4uea Moan, 2y3,2y m,crn4 y ,pD, $o. KQ�T g/O-77OZ 4 . 32vL A 'v 9 on) d ��/— 4-G7(o 5. 6. 9 . 10 . 11. 12 . 13 . 14 . 15. 16. 17 . 18 . 19 . 20 . 21. 22 . CITY OF )Q\U!2ZSV CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 21 1992 4 : 00 PM COMMITTEE MEMBERS PRESENT OTHER CITY STAFF Leona Orr, Chair Tom Brubaker Jim Bennett Ed Chow Jon Johnson Rob Dreblow Tony McCarthy PLANNING STAFF GUESTS Sharon Clamp Bill Doolittle Jim Harris Rae Reitan, City Historian Fred Satterstrom Linda Van Nest Margaret Porter GROWTH MANAGEMENT UPDATE - (F SATTERSTROM) Planning Manager Fred Satterstrom stated a public hearing was held by the Growth Management Planning Council (GMPC) at Kent City Hall on Wednesday, May 27, 1992, to discuss the emerging countywide policies. The GMPC is still working with a July 1, 1992 deadline for adoption of the policies by the King County Council. Mr. Satterstrom indicated the possibility exists that this deadline will not be met. The City will be affected if this deadline is extended because the City is required to have its comprehensive plan in place by July 1, 1993 . The Planning Commission will hold a public hearing on Monday, June 8, 1992 to discuss Kent' s urban growth area. A recommendation is expected by late June. The Planning Commission began their deliberations on the wetlands ordinance on May 18 and will continue the discussion at their meeting on June 22, 1992 . Anton Nelessen will present the results of Kent's visual preference survey at the City Council workshop on June 16, 1992 . Highlights of the Kent Community Forum results will be presented during the regular Council meeting on June 16, and the session conveners will also be recognized. HUMAN SERVICES ROUNDTABLE UPDATE No update was provided. CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 21 1992 PAGE 2 MUSEUM SERVICES AGREEMENT (J. HARRIS) Planning Director James Harris stated the City is being asked to approve the White River Historical Society Museum agreement for 1992 . The agreement does not specify a dollar amount except to say that Kent can appoint one member to the Board of Directors if Kent's level of annual funding does not fall below $2 ,500. That amount has been set aside in the 1992 budget. Mr. Harris recommended that Kent pay the $2,500 for 1992. In addition, he recommended that the City investigate the feasibility of working with Kent citizens to explore the possibility of establishing a Kent museum. City Historian Rae Reitan reported that the old timers committee has agreed to sponsor a Kent historical society. A meeting will be held on Saturday, June 30, at 11:30 a.m. at Mom's Kitchen. At this meeting a chairman will be elected and a committee will be formed to work on constitutional by-laws. Linda Van Nest, President of the White River Historical Society, expressed her thanks for Kent's support and stated that the Society is still a regional facility and has not changed its goals for the future. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to approve the White River Historical Society Museum agreement for 1992 . Planning Director Harris clarified that the item will be placed on the consent calendar at the June 16, 1992 Council meeting. Motion carried. FEDERAL WAY PLAN UPDATE INTERLOCAL AGREEMENT RESOLUTION (F. SATTERSTROM) Planning Manager Fred Satterstrom reported that King County is proposing to update the Federal Way Community Plan. He explained that there is unincorporated land that lies between Auburn and Federal Way that both cities are claiming in their urban growth area. Mr. Satterstrom presented a map showing that this planning area comes into Kent's sphere of interest in the Midway and Star Lake areas. The agreement asks for Kent' s commitment to coordinate with King County in an interlocal planning process. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to initiate the Federal Way Community Plan Update. Motion carried. CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 2 , 1992 PAGE 3 WEST HILL ISLAND ANNEXATION (T. BRUBAKER) Assistant City Attorney Tom Brubaker recommended the Committee pass a motion directing him to draft a resolution announcing the City's intent to annex the West Hill Island. He presented a timeline for the annexation process and explained that if the Council passes the resolution to annex at its June 16, 1992 meeting the date for the public hearing would be set for the next Council meeting on July 7, 1992. After taking public testimony, the Council can pass an ordinance to annex the island which will not become effective for 45 days. During the 45 day period the ordinance is subject to referendum. Since this is a small area, very few signature are needed to initiate a referendum election and it is likely that the necessary signatures will be received. The citizens will have until August 21, 1991 to initiate a petition and the election would occur either at the September 15, 1992 primary or November 3, 1992 general election. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to proceed with the annexation process. Councilmember Johnson clarified that a resolution will go to the City Council on June 16, 1992 to set a public hearing on July 7, 1992 . Margaret Porter clarified that citizens of the affected area should be notified of the public hearing on July 7, and Jim Harris added individual notices should be sent to each resident. Tom Brubaker added that notification should not take place until after the Council passes the resolution on June 16 . Motion carried. PROCEDURES ON WETLANDS (C. PROUD) At a prior Planning Committee meeting it was suggested that staff make a presentation to the Committee so they may better understand how wetlands in Kent are being administered. Senior Planner Carol Proud presented an inventory map of the City of Kent wetlands, the Interim Wetland Guidelines, and used as an example the review process for a single family residential permit when a sensitive area such as creeks, hillsides or wetlands are impacted. ADDED ITEMS CHESTNUT RIDGE PROPOSED ANNEXATION (J. HARRIS) Planning Director Harris informed the Committee that a ten percent annexation petition has been received from the citizens of a single family area known as Chestnut Ridge. This area lies between South 200 and 208 Street and 100 Avenue SE and the Valley Freeway. Mr. Harris stated if the Council accepts the petition the Planning department will have to do a SEPA checklist and the cost benefits CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 2 , 1992 PAGE 4 of annexing the area will have to be looked at carefully in light of the present financial status of the City. WORK RELEASE PROGRAM (J. HARRIS) Planning Director James Harris read a memo received from Alana McIalwain requesting that citizens Paul Hammerschmidt and Cheryle Noble be placed on the Public Safety and Planning Committee Agendas to discuss Work Release Program. Councilwoman Orr believes there are State guidelines for how far certain undesirable uses can legally be set from certain uses such as schools, churches, etc. It was thought that possibly recent news articles about the State wanting to locate work release programs in south King County triggered the citizen's request and that their concern is not related to the regional justice center issue. ADJOURNMENT The meeting adjourned at 4:48 p.m. PC0602 .92 PUBLIC WORKS COMMMEE JUNE 31 1992 PRESENT: JIM WHITE TONY MCCARTHY PAUL MANN DICK GILLISSE JIM BENNETT PATRICE THORELL DON WICKSTROM BILL DOOLITTLE TOM BRUBAKER HOWARD WOODWARD GARY GILL DIANA WOODWARD ED CHOW JOAN JANSEN ED WHITE Chestnut Ridge Annexation Wickstrom explained the annexation was initiated by the property owners of the area. It involves about 190 acres. We have received a 10% petition for annexation and according to State law, the City has to act on that petition within sixty days of receipt. Wickstrom added that we have not completed the financial analysis of the annexation but would have that available for Council at their public meeting with the petitioners . It was recommended the date for the public meeting be set for July 7 . Ms. Jansen who is chairperson of the annexation committee commented that they are excited about the possibility of annexation primarily for additional police protection but they want to become a part of the Kent community. She commented that Renton was also considering annexation of their area and there is little enthusiasm on the part of the homeowners to become a part of Renton. She added she thought the assessed valuation of their area, approximately $38 million, would bring in additional revenue for the City. Howard Woodward who is president of the homeowners association spoke in further support of the annexation. Jim White stated that the general rule of thumb is that annexation of single family property does not generate as much revenue as it costs to service whereas warehousing is about equal and retail is a plus. That is why a financial analysis is essential for the Council information. He added he thinks the City should be annexing and bringing in those who have a Kent address, are served by Kent schools, Kent parks department programs and Kent utilities, Kent fire and possibly even police. The Committee unanimously recommended approval to set July 7 as date to meet with the petitioners. Public Works Committee June 3 , 1992 Page 2 Street Closures Ordinances - Balloon Classic and Canterbury Faire Wickstrom explained these were housekeeping ordinances in order to be able to close the streets for these events. The ordinances are the same as has been adopted in previous years. Patrice Thorell stated that the only difference was that closure of Russell Road from Meeker south to the dike was added to the ordinance for the Balloon Classic. The committee unanimously recommended adoption of the ordinances. 1992 Asphalt Overlay Wickstrom stated that three bids were received. The low bidder for all the schedules was Lakeside Industries with M.A. Segale being the second low. These two bids were within $400 of each other. The budget only allows us to complete the first four schedules of the project. In calculating the bids submitted for those four schedules, M.A. Segale would then be the low bidder. Jim Bennett asked if we had that option. Wickstrom clarified that the specifications clearly state that we have the option of deleting schedules. Paul Mann referred to a Reader's Digest article citing the problem with the poor condition of streets in the United States is that we award to the lowest bidder He questioned if we always award to the lowest bidder. Wickstrom responded that State law requires us to accept the lowest responsible bidder. Jim Bennett stated he feels the citizens might be better served by other than the lowest bidder. He referred to the process in Europe of selecting a mean of the bids received. Tom Brubaker added there is some latitude in the statute if we have substantiation that the lowest bidder is not a responsible bidder. Gary Gill added that regardless which contractor is awarded the contract, the specifications require certain quality assurance and quality control requirements to be net. The Committee unanimously recommended approval to award the bid to M.A. Segale for the first four schedules of the project. North Park Sanitary Sewer Wickstrom stated that eight bids were received with the low bid submitted by Robison Construction. The project rebuilds two sections of the sewer servicing the North Park area. This is a joint project with Metro as a pilot project to determine a method of controlling infiltration/inflow into the sewer. Eliminating infiltration/inflow lengthens the life of the treatment facilities Public Works Committee June 3 , 1992 Page 3 or reduces the size of future additions. Metro is paying 56% of the cost of this project. Wickstrom added we are recommending award to Robison Construction. The Committee unanimously recommended accepting the bid of Robison Construction. Used Oil Collection Event Wickstrom stated we applied for a grant to hold two used motor oil collection events. We have received grant approval paying for the costs involved in holding the event with no match from the City. Since the grant agreement will not be signed in time to hold the first event in July, the Health Department has given us authorization to expend funds prior to signing the actual agreement. The initial costs would come from the Environmental Fund which would be reimbursed by the grant. The Executive Committee has approved this approach. It was explained that two sites would be available on July 18 with one site being the city shops area and the other the East Hill fire station on 116th. Participants would be able to bring their used motor oil for disposition. The Committee unanimously recommended adopting the used oil collection grant funds that are made available and to proceed with this project. Dead Tree Short Plat Wickstrom explained that a water extension and some street improvements were constructed by the developer of the Dead Tree Short. Those improvements are completed and the developer is now asking for the City to accept same. The Committee unanimously recommended approval to accept the improvements. Interagency Agreement with King County - 196th/200th Corridor Wickstrom stated this agreement is for the design of the west leg of the 196th corridor from Orillia over to WVH. This is a joint project with the County. The County is willing to pay their share of the project from the middle of the river over to Orillia. We have a TIB grant and street utility funds to pay the City's portion of the project. The Committee unanimously recommended approval for the Mayor to sign the agreement. Commute Trip Reduction Interlocal Agreement Wickstrom explained this is an interlocal agreement with the County which enables us to secure State funding for the Commute Trip Reduction Program we are required to implement. The City would be eligible for approximately $130, 000 over a two year period. There are approximately 64 businesses in Kent that exceed 100 employees. Public Works Committee June 3 , 1992 Page 4 Jim White confirmed that the Chamber has reviewed this. Jim Bennett asked about staffing for the program. Wickstrom explained that we have a consultant who is developing the program. Tom Brubaker brought to the committee's attention that they have a draft of the agreement. We should be receiving the final form before the June 16 Council meeting. In order to meet the required time frame for signature, he asked for authority to make any minor modifications that may be required with the understanding that if any substantial changes are required we will bring it back before the Committee. The Committee unanimously recommended approval for signature of the Commute Trip Reduction Plan interlocal agreement upon approval of the final form by the City Attorney. Central Avenue Improvement (Lowe to Titus) TIB Grant Wickstrom stated we have received a construction grant from the Transportation Improvement Board for the improvement of Central between Gowe and Titus. This is a one-block widening project which adds a right turn lane at Gowe and Titus as well an overlay from Willis to Smith Street. The Committee unanimously recommended approval to accept the grant and authorization for the Mayor to sign. Cornucopia Days Ordinance This ordinance is similar to what has been adopted in previous years authorizing street closure for Cornucopia Days. The Committee unanimously recommended adoption of the ordinance. Ed White asked if there were another way to effect these street closures for the various festivals without going to Public Works and Council each year. It was determined that adopting the ordinances each year is the best way. Jim Bennett commented about possibly finding another site for the Balloon Classic so revenue is not taken from a revenue producing facility. Canyon Drive Barrier Jim White stated he had been contacted by a number of citizens as to why we did not install the jersey barriers further up Canyon. He asked staff to look into the costs and possibility of installing additional barriers further east on Canyon possibly up to 101st by the high school. Wickstrom stated we could look at the project for inclusion in the six year street program. Tom Brubaker added there would possibly be condemnation issues to address and should be considered as part of the costs. Public Works Committee June 3 , 1992 Page 5 Other Bill Doolittle thanked the Public Works Department for being responsive to issues he had brought before the Committee. He asked about the status of the downtown parking ordinance. Wickstrom stated we are still planning to go before one of the committees of the Chamber before bringing it back to the Committee. Ed White added this was part of our downtown parking utilization study and we are in the process of issuing an RFP for that. Responding to Doolittle's question about the 30-minute parking stalls on Gowe, White responded those were a temporary measure to respond to a merchant's request. Jim Bennett stated a citizen had commented to him that trucks go down to the end of James Street at Russell Road and attempt to turn around causing the ground to slide in toward the apartments. He asked about the possibility of making that a "no access" for large trucks. Wickstrom responded that The Lakes have applied for a short plat which involves extension of Lakeside Boulevard west over to Russell Road. That section of Russell between James and the Neely House would be turned into a recreational trail. If this short plat materializes, that section of road could be closed in the near future. Jim Bennett asked about the effects of the water situation on Kent. Wickstrom responded that Kent does not have a water problem at this time. Our 212th water treatment facility should be on-line in July which will add 5 MGD to our system which should give adequate supply to get us through the summer. We also are expecting conservation on the part of our customers because of all the publicity. Wickstrom added that he will be meeting with King County regarding the City's water comp plan. Because it does not contain a formal water conservation element, King County may not approve it. If that is so, Wickstrom stated he may be back before the Committee requesting funds to develop and implement a conservation plan. Wickstrom distributed a summary of revenue received from disposing of equipment at the auction. Jim Bennett stated he would like to meet with all departments involved in the equipment rental program to try to identify what problems there are and what remedies if any are available.