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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/18/1992 cit 0Kentv . MeetinCt Councilgv _ All'" genda CITY OF f� r Mayor Dan Kelleher Council Members Judy Woods, President Jim Bennett Paul Mann Christi Houser Leona Orr Jon Johnson Jim White August 18, 1992 Office of the City Clerk CITY of SUMMARY AGENDA KENT CITY COUNCIL MEETING August 18, 1992 Council Chambers VLV�V* 7 : 00 p.m. MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett Christi Houser Jon Johnson Paul Mann Leona Orr Jim White CALL TO ORDER / ROLL CALL V1. PUBLIC COMMUNICATIONS ,(A. Proclamation - Kent Old Timers Day B. Regional Justice Center Update (' , VIJAeC- %Xk, �2 . PUBLIC HEARINGS None J3 . JCONSENT CALENDAR Minutes Bills Ratification of County-wide Policies - set hearing date XD. Workers Compensation Contract �( Mural Design Selection �F. Budget Workshop - set date ' X>G. WCIA Agreement Amendments - Resolution 13Z(' dui. Drug Free Zones - Ordinance 3 ol, I j Parking Citations - Ordinance 3c;V. $. J. Parking Citation Collection Contract V4 . OTHER BUSINESS Deletion of Vacant Positions - Ordinance West Hill Isla �nnexation - Ordice t' c•`{ fl, k: , ��. +��i / l 1''.; (; ��a 1ct„ 5. D S _> XA. LID 338 - Westview Terrace/McCann' s Westview Sanitary Sewer �B. Decant Stations 6. CONTINUED COMMUNICATIONS J7 . REPORTS �8 . ADJOURNMENT NOTE: A copy of the full agenda packet is available in the City Clerk' s Office and the Kent Library. An explanation of the agenda format is given on the back of this page. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Proclamation - Kent Old Timers Day B) Regional Justice Center Update +0 3 A Correc+ior) �u Approval of Minutes . Approval of the minutes of the August 4, 1992, meeting with the following correction to page S , line 16 , regarding the 272nd/277th corridor project : "He noted that $250 , 000 would be paid by City LID" SHOULD READ "He noted that $5 , 250, 000 would be paid by City LID" VY AA by CONSENT CALENE A �3 . CitV Counqi_l--A�cti0n: moves, C4 A councilmember—------ seconds that Consent Calendar Items Discussion i Al Action 'j ILI) /3A. Appr Val.LOfL Minutes. Approval of the minutes of the regular council meeting of August 4 , 1992 - 4B. S. 14y of the bills received through August ill Approval of payment after auditing by the operations Committee at its meeting 1992 at 3 : 00 P-m- on August 18 , 1992 . lvv checks issued for vouchers: Appr )val of Check Numbers Amount Date !: Approval of checks issued for payroll: Date Check Numbers Amount Council AgeZv Item No. 3 tB Kent, Washington August 4 , 1992 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Houser, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Direc- tor Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Wilson, Information Services Director Spang, Human Resources Director Olson, and Finance Director McCarthy. Council- member Johnson was not in attendance. PUBLIC Employee of the Month. Mayor Kelleher announced COMMUNICATIONS that Anne Watanabe who is a Planner in the Plan- ning Department has been selected as Employee of the Month for August. He noted that Ms. Watanabe is very helpful and courteous and that she takes the time to work with applicants so that they understand the City' s regulations. He added that she is a devoted staff liaison to various citizen groups and committees and encourages their in- volvement in land use decision making. Planning Director Harris said that Ms. Watanabe is highly respected by other employees and expressed his congratulations and thanks. Reynolds Aluminum Recycling Month Mayor Kelleher read a proclamation noting that August is the 20th anniversary of Reynolds Aluminum Recycling Company in Washington State, that Reynolds Aluminum Recycling has demonstrated a commitment to the environment by effectively decreasing the flow of aluminum in the solid waste stream, and has pro- vided the residents of Washington with leadership in aluminum recycling, established school recy- cling programs and assisted charitable organiza- tions. He then proclaimed August, 1992 as Reynolds Aluminum Recycling Month in the City of Kent and urged all citizens to become aware of and support aluminum recycling in their homes and work places. He presented the proclamation to Tom Grajewski, Convenience Center Supervisor at Reynolds Aluminum. Agenda Items. Other Business Items 4C - Deletion of Vacant Positions and 4D - WCIA Interlocal Agreement were both removed from tonight ' s agenda. Mayor Kelleher noted that King County Councilmem- bers Paul Barden and Kent Pullen are in attendance at tonight 's meeting. 1 August 4 , 1992 CONSENT WHITE MOVED that Consent Calendar Items A through CALENDAR E be approved. Bennett seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of July 21, 1992 . WATER (BIDS - ITEM 5A) Kent Springs Transmission Main. Bid opening was held on July 29 with eight bids received. Staff has reviewed the bids and recommends that the low bid of $1, 799 , 993 . 56 submitted by Robison Con- struction be accepted. WHITE SO MOVED. Woods seconded. Charlie Kiefer submitted a letter addressed to Mayor Kelleher and a letter addressed to James Harris which noted that, as stated on page 76 of the Kent City Code 12 . 12A. 510 . 2 , "The City recog- nizes that each person has a fundamental and in- alienable right to a healthful environment and that each person has a responsibility to contri- bute to the preservation and enhancement of the environment. " WOODS MOVED to make the letters a part of the record, Orr seconded and the motion carried. Kiefer also read a letter from his neighbors Raymond and Nancy Motichka, John L. West, Denise Milliere, and Michael J. Downy to Randy Sandin, Grading supervisor with King County, regarding how the City plans to satisfy the special conditions of the Army Corp of Engineers permit. Ed Fitzhugh stated that the City is going through a major part of his land, which is wetlands, and expressed complete confidence in the City' s engi- neers to get the project done safely and to ade- quately restore his wetlands. He added that the City has signed performance bonds with him stating that the pond would be there two years later. Carol Morris, representing the City of Kent, stated that the issues Mr. Kiefer brought up are not the issue before the Council tonight and that the method in which trucks will come through the property is something that can be handled outside 2 August 4 , 1992 WATER this meeting. She explained that the Corps, not the City, attaches conditions to the permit, and that any additional conditions can be worked out. She added that Kiefer' s concerns are temporary construction problems and reminded him that one of the conditions imposed is construction of a wet- land, which would be beneficial to the property owners. Bennett pointed out that while surrounding coun- ties and cities are facing water shortages, this water line is losing water every day and urged that the bid be accepted. The motion then car- ried. TRAFFIC (PUBLIC HEARINGS - ITEM 2A) CONTROL 272nd/277th Corridor Project. This date has been set for the public hearing to gather public input on the Public Works Department' s recommendation to proceed with the project and to pursue the estab- lishment of the preferred alignment reflected in the FEIS with the County. Tim LaPorte, Project Coordinator for the City, explained that in 1984 a transportation plan iden- tified three corridor projects including 196/200, 228th and 272/277th. He noted that King County completed a similar plan which also stated that the 196th and 277th corridors were necessary to handle traffic in the 1990 ' s. He said that a third study, the Green River Valley Transportation Action Plan also identified 277th as a critical link to handle transportation. He pointed out that the Growth Management Act mandates that transportation problems be solved. He noted that he has been the public contact on this project and that in addition to opposition to this project, there has been a considerable amount of support. He pointed out that a study done by Hebert Research indicates that 82% of those polled felt the City should proceed with the corridor project. Mike Delles of W & H Pacific, described the alter- natives, including no action, and noted that Alternative A has the least impacts to wetlands, wildlife habitat, right-of-way requirements, fisheries resources and that it effectively meets the project objectives, is the most compatible 3 August 4 ; 1992 TRAFFIC alternative with the King County' s corridor CONTROL project, and has the least impact from the noise standpoint. He noted that public meetings were held and all affected agencies and concerned citizens were given the opportunity to identify issues regarding the proposed actions. He added that responses to over 100 letters and numerous verbal comments from the general public and agen- cies is provided in the FEIS. Tom Brubaker, Assistant City Attorney, explained that the issue before the Council tonight is whether or not to direct the Public Works Depart- ment to move forward with the project and obtain a road establishment from King County for the planned corridor. He stated that the SEPA process is complete, and noted that the City has given all affected persons an opportunity to be heard. Brubaker clarified for the Council that they must consider environmental impacts during their delib- erations, but they are not required to avoid all environmental impacts. He added that although additional studies might provide more thorough in- formation, the City must reasonably decide when it has completed enough research to make an informed decision. He noted that any concerned citizen has • the right to appeal the City ' s decision through the courts. He added that the SEPA process has shown that the environment will be impacted and affected, that people, families and homes will be impacted and affected, and that the general public will be benefitted. He explained for the Council that their consideration must focus on whether the regional benefits outweigh the individual impacts. The Mayor suggested a voluntary three-minute time limit for speakers, invited additional speakers to add their names to the sign-up sheet, and asked the City Clerk to begin calling off the names of the first people on the list. Dean Patterson, 10911 SE 284th, showed slides of the area, noting that it provides an ideal green- belt which allows animals to traverse a long dis- tance. He stated that the more roads there are, the more traffic there is. He urged the Council to think 20-30 years ahead and leave the area as it is. 4 August 4 , 1992 TRAFFIC Bob Keever, 10812 SE 290th, Auburn, commented on CONTROL the hill-climb portion of the project, noting that it is a greenbelt, a wildlife corridor and a visual break between the continuous development. He pointed out that during the Soos Creek proceedings, a number of private citizens applied for variances to allow them to develop within the urban separator area, and they were all rejected. He asked the Council to consider what types of mitigation measures shall be applied on the hill- climb to 'avoid destroying the bluff. Bill Joy, 28183 - 109th S.E. , stated that this project would be in direct conflict with House Bill 1671 (the Commute Trip Reduction Act) because the addition of this road will be an incentive for the use of single occupancy vehicles. He suggested that the proponents of this project go to the County and let them take the responsibility for constructing a road. Craig Brown, 27118 - 41st Place South, said that he agrees there is a need for an east/west route in the Kent area, but that there is an oversight in the proposed 272/277th corridor FEIS, which is the lack of research on how this project will impact residents along 272nd on West Hill . He noted that page 61 of the FEIS states that the difference on the West Hill between the "build" and "no build" alternatives is not significant, and that on page 17 of the FEIS it says that according to forecast results, the proposed cor- ridor would attract significant traffic growth. He pointed out that there are no provisions for left turn lanes, although there are eight inter- secting streets and 47 driveways between Military and 46th Avenue South. He also voiced concern about the safety of students crossing the streets. He asked that the Council instruct Public Works to do a study and report on the impact of the 272/277 corridor project on the West Hill prior to the FEIS being approved by the City Council . He added that pollution to the salmon-bearing stream near Smith Bros. Farm and to Star Lake, as well as noise problems, have not been addressed. He said that although the Public Works Department has indicated that all interested persons were given an opportunity to testify, he and others were not adequately made privy as to what was going on with 5 August 4 , 1992 TRAFFIC this project. Chris Clifford, 2721 Talbot Road CONTROL S. , Renton, said that the 272/277 project is not a solution to Kent's traffic problems. He noted that people traveling to Renton from 104th and Kent=Kangley will not go a mile south to use the 272/277 road, and added that the majority of drivers are heading northwest. He stated that the grade is too steep, and that SR 167 is already overloaded and this project would add traffic to it. He pointed out that the citizens who live where this project is proposed to be are not citi- zens of Kent, and said Kent should handle traffic problems in Kent. He added that this road will create congestion and encourage urban sprawl . He suggested that light rail be supported, that King County build the road in King County, and that Kent cut through Scenic Hill and complete SR 516 or build a road down 228th. Cheryle Noble, 316 W. Cloudy Street, stated that this project will not solve traffic problems, and questioned why over $30, 000, 000 should be spent on it. Robert Wells, 26006 - 116th SE, agreed that east/west traffic needs improvement, but that terminating this road at 116th will create an amazing traffic flow on 116th. He noted that 116th has ditches rather than shoulders and that a major rebuild on 116th would be required. He suggested looking at the long term picture in regard to where arterials are planned in the County, and the roads that will be improved. He suggested the road go to 132nd Avenue SE. John Kiefer, 11048 SE 274th Street, stated that he has a well which is not identified on the EIS and asked that that be taken care of. He noted that the City ' s Six-Year Transportation Improvement budget gives a total budget of $30, 000, 000 and that the County' s estimate is $38 , 804 , 783 . He added that the County states that the north corridor must be modified to include an extension to SR 181 which would cost $33 , 014 , 860, and provided documentation outlining these costs. He requested a breakdown of the $26 , 860 , 000 iden- tified as local for the project per Resolution 1317 as follows: (A) City of Kent Funds % (as of 8/4/92) (1) Utility Tax % (2) Property Tax % (3) Councilmanic Funds % (4) Other (Identify) % 6 August 4 , 1992 TRAFFIC (B) Developer Mitigation % (as of 8/4/92) CONTROL Funds (1) Are these funds in escrow or is there a potential lien on individual prop- erties? What is the lien amount for each single-family residence, town- house, apartment, condominium or business? Please identify by tax lot number, address and owner of record. (C) Utility Local % (as of 8/4/92) Improvement District Funds (1) How will the LID be formed and who will be affected? Please identify by tax lot number, address and owner (D) County or State Funds % (as of 8/4/92) (E) What is the Plan if the $8, 140, 000 is not granted by the TIB? (F) What is the Plan if the City cost estimate is off by $8 , 804 , 783? Kiefer stated that the FEIS recognizes that there will be significant traffic noise and that the only mitigation offered is by the installation of sound-absorbing plantings and that this has dimin- ished from those outlined in the DEIS . Kiefer referred to a letter from Towne, Richards & Chaudiere, Inc. which states that the noise miti- gation is very weak. Kiefer noted that the City states that 13 resi- dences would be displaced and 43 . 1 acres required for right-of-way, and that the County approximates that 27 residences would be displaced and 64 acres required for right-of-way. Regarding the building setback, Kiefer stated that the 10-foot setback smacks of irresponsibility and common sense, since it implies the house would be habitable. He stated that the minimum building setback must take into account the design of the structure, the space required for placement of physical barriers to attenuate the traffic noise and vibration caused by truck/trailer combinations. He submit- ted a letter regarding this project from Chris Lehman of the Institute for Transportation and the 7 August 4 , 1992 TRAFFIC Environment dated 2/14/92 , which was apparently CONTROL not submitted in time for the DEIS comments. Regarding the railroad crossing on 277th, Kiefer noted that Union Pacific has 6-12 trains per day which can cause delays of up to 30 minutes, which is why they would like an overpass. He added that Burlington-Northern has 15-30 trains per day which can delay traffic on 277th up to 15 minutes. He pointed out that sometime in the future METRO will have a commuter rail on the Burlington-Northern tracks. He said the cost for the project would be r C $71, 000, 000. He noted that he received a copy of a letter from Don Wickstrom to Mr. Carleton stating that there will be an LID and said that some of his questions were answered in the letter. He noted that $250, 000 would be paid by City LID and felt that should be explained to Kent citi- zens. He voiced concern about funding and noted that the figures in Wickstrom' s letter do not agree with the figures in Resolution 1317 . Ann Holtzclaw, 10706 SE 225th Street, voiced concern about the anger and frustration being expressed by South King County residents. She stated that the 277th corridor will lay the foun- dation for the ills that Southern California is plagued with, such as fires, floods, mudslides, depletion of natural resources and massive traffic problems. She noted that this project is at a crossroads and urged the Council not to make the wrong decision. Hans Freiwald, 11824 SE 270th, commented on the damage to the environment and the noise that would be generated by this project. He said that studies have not been done on this and commented that development in the area is caused by greed. Charlie Kiefer, 10926 SE 274th, distri- buted a copy of a letter to the Editor from Ronda Taylor. WHITE MOVED to make all correspondence on this project a part of the record. Bennett seconded and the motion carried. Kiefer suggested using the funds to implement a bus system. He noted that even with this road, people will still drive their cars, since there are no HOV lanes on the corridor. He predicted that in 25 years the road will have to be torn up, and telephone poles, gas lines, etc. will have to be moved, and said it is less expensive to do it right the first time. Laurie Muller, 28305 - 193rd Avenue SE, said it is 8 August 4 , 1992 TRAFFIC interesting that with the budget shortfall, the CONTROL City could pay an independent pollster and asked where the 82% in favor of the project live and whether they are willing to pay through an LID. She pointed out that she had read that this proj- ect was promoted by the Chamber of Commerce and County government. She said that the affected citizens will not give up, and urged the Council to give up the idea of the 277th corridor. Mike Muller, 28305 - 193rd Avenue SE, agreed that there is a traffic problem, and that the EIS shows that traffic will not be improved by this project. Ron Allen, 12221 SE 284th, noted that he has lived in California and agreed with Ms. Holtzclaw' s com- ments. He urged Councilmembers to visit the area and enjoy the quiet. He also stated that he is a member of the East Hill Environmental Citizens Alliance and that he took a poll at Albertson' s regarding this corridor, and that 85% replied that this project is not worth it. He noted that dis- cussion was held earlier tonight regarding the layoff of City employees, and urged the Council to drop this project and keep the City employees. William Carleton, 10201 SE 270th Place, noted that the results of surveys can be influenced by how the questions are asked, and said that this area should be preserved because it is of great value to Kent. He suggested looking for the solution which would be of the most help. Clinton Tullis, 16300 - 184th SE, noted that the 277th corridor has been planned since as early as 1967 . He said that there has always been opposition to it, but that people need to realize that every alternative is a trade-off and the best solution must be found. He said the City, County and State offi- cials need to make a decision, and noted that delaying the project increases the cost. Ed Pawlowski, 27727 - 106th Avenue SE, noted that he has attended many meetings on this project since 1978 and there has always been opposition to it. He questioned where the 82% in favor of the project were from. He noted that Gary Grant pro- posed and got the interchange at 212th built, even though there was opposition from the Chamber. He added that SR 516 was originally planned to come 9 August 4, 1992 TRAFFIC through Scenic Hill but the Mayor and Council CONTROL opposed it, just as he now opposes 277th. He stated that documentation is inadequate because their questions are not addressed. He said that although the City would like traffic to go through the County, people who live in the County do not want it. He added that the corridor project will cost $80, 000, 000 and that the road will generate noise. Mike Nugent, 9220 S . 198th, Renton, stated that the City of Renton wants to put a route up East Hill on 192/196, in addition to Petrovitsky and 208/21.2th, which are over their capacity. He said that the traffic originates from east of Kent and the Covington area, and that the traffic from that area should connect up to 277th. He opined that the 82% in favor of the 277th project are from east of Kent and the Covington area. He said that although he is in favor of preserving the environ- ment, the traffic problem must be dealt with and suggested a bridge over the river half way up the hill . He added that the terminus should be at 132nd. Gay Fournier, 28261 - 108th Avenue SE, said that she has many questions about this project which were inadequately answered. She urged the Council not to vote to move ahead on the project tonight. She pointed out that the County is having open houses on their proposed routes, and asked why the City is contemplating moving ahead when the County is doing another EIS covering the same area. She suggested letting King County spend their money on King County projects, in view of the City' s budget problems. John Fenning, 27236 - 116th Place SE, noted that if the project goes in, his home will be destroyed and he cannot afford to move even if given fair market value for his house. He agreed that some- thing needs to be done about the traffic, but not in this area. Dave Heutchy, 10925 SE 287th, stated that if the road is built, there will be more dense development and more traffic, pollu- tion, noise and gridlock. He suggested looking more closely at bus transportation and rail trans- it. 10 August 4 , 1992 TRAFFIC Laurie Muller expressed anger over the word NIMBY CONTROL and noted that she has studied this issue for over two years and is well educated on it. She said that these are citizens who are holding up their responsibilities. Martin Durkan, Jr. , 22401 Sweeney Road, Maple Valley, noted that he served as a consultant to the City negotiating with the County on the 277th corridor. He stated that the 277th corridor is urgently needed and agreed that the traffic on Benson is coming north from Kent. He explained that the people contacted by Hebert Research live on both the East Hill and West Hill of Kent. He said it is time to move forward on this project, and noted that King County plans to hook .on to where Kent lets off and go clear to Highway 18 . Randy Judkins, 26303 - 116th Avenue SE, urged the Council to listen to the public. Clinton Tullis explained that under State law, people are compen- sated for the loss of their house or property, for the extra cost of moving, changing schools and whatever else is necessary to find something com- parable. Dave Ekland, 108th and 272nd SE, expressed concern that other alternatives were not given a fair shake, and suggested using over- passes. Ann Holtzclaw stated that all of the people here tonight have put in hundreds of hours on this project and that there is a need to separ- ate the real concerns of citizens from the paid interest groups that are determined to ruin the south end of King County. Craig Brown stated that he is not against the project but that the impact to West Hill is a very important aspect and the project needs to be better evaluated. There were no further comments and WHITE MOVED to close the public hearing. Houser seconded and the motion carried. Upon White' s question, LaPorte noted that the Metro representative had emphasized that HOV lanes are not warranted on Alternative A or the 277th corridor since Metro is not planning on extending the route service along the 277th corridor, and that they saw the improvement along the Kent- Kangley corridor as a result of 277th to be their 11 August 4 , 1992 TRAFFIC major benefit. Mr. Delles stated that the West CONTROL Hill area was considered adequately during the process. WHITE MOVED to proceed with the project and to pursue the establishment of the preferred align- ment reflected in the FEIS with the County. Woods seconded for discussion. White explained that this project can go no further unless Council moves it along, that it provides the opportunity for people to further challenge this, and that sending it to committee would simply prolong the situation. He noted that this project may be killed by the courts but that the problem is not being solved by doing nothing, therefore he would like to see the project move ahead. Orr stated that .she cannot support White 's motion at this time because she would like answers to some of the questions raised, as well as her own questions. She voiced concern about the align- ment, and said she would like more information about it before voting to move forward. She also expressed concern about West Hill in regard to traffic near schools in the area. Mann also voiced concern about the alignment, noting that he would like assurance that the project would con- nect with Highway 18 . He also noted that a way to accommodate the intersection at Military Road and 272nd should be part of the plan since additional traffic would be generated because of the corri- dor. He pointed out that the City is short of money and now is not the time to do this. He noted that I-5 and SR 167 are already gridlocked during rush hours . He pointed out that the Regional Justice Center in Kent will generate 2000 more vehicles, and if 277th allows vehicles to enter SR 167, traffic will be unimaginable. He said he is convinced that this will be in the courts for many years, and therefore it should be stopped at this point. He suggested using the leftover money for overpasses. WHITE withdrew his motion and then MOVED that this matter be referred back to the Public Works Com- mittee for a formal recommendation. Bennett sec- onded. White reminded councilmembers that the 12 August 4, 1992 TRAFFIC number one priority for the City for the past few CONTROL years has been the 272nd corridor. He pointed out that -when money is raised to build roads, it must be used for roads or be given back to taxpayers. He said that councilmembers have an obligation to the citizens to do something about the traffic problems being created by County residents passing through the City. He added that no alternatives were offered tonight; E.J. Pawlowski disagreed. The motion to refer this matter to the Public Works -Committee then carried. GROWTH (CONSENT CALENDAR - ITEM 3C) MANAGEMENT Growth Management Planning Council (GMPC) Agreement. APPROVAL of the revised GMPC agreement to extend the duration of the original agreement until "completion of the designated duties of the GMPC" , as recommended by the Planning Committee. The original agreement between King County and the City was approved by the City Council on January 21, 1992 . CODE (CONSENT CALENDAR - ITEM 3E) ENFORCEMENT Radon Gas Measurement Device Fee. ADOPTION of Resolution No. 1319 which establishes a $15 fee for the provision of radon gas measurement devices, which the City must provide to certain new residential construction under a new State law. ANNEXATION (OTHER BUSINESS - ITEM 4A) West Hill Island Annexation. The proposed ordinance repeals Ordinance No. 3049, which annexed the "West Hill Island" . The reason for this repeal is that the City had not completed its SEPA review of the island annexation at the time the ordinance passed. The ordinance will come before the Council at its next regularly scheduled meeting for reconsideration, at which time the SEPA process will be complete. WHITE MOVED adoption of Ordinance No. 3060 repealing Ordinance No. 3049 . Houser seconded and the motion carried. 13 August 4 , 1992 CITY (ADDED ITEM BY COUNCILMEMBER MANN) POLICIES Layoff Policy. Mann expressed dismay over Admin- istration's new layoff policy, particularly as it relates to the issue of seniority. He noted that his criticism is not with the layoffs, but with the way the layoffs were accomplished. He said that the new policy regarding layoffs without seniority is extremely detrimental to the City for the following reasons: It negatively affects attitudes and lowers morale, it is not fair or honorable, it generates fear and distrust among employees, it causes workers to lose trust in their employer, it leaves room for discriminatory practices by the Administration, it subjects the City to possible costly litigation, it gives the appearance of possible impropriety, it becomes an easy tool to reorganize and restructure without having to deal with normal just processes, it hin- ders new hires because good people will think twice about working for a city that holds little regard for productivity and faithfulness, it adds expense in training new personnel, and it frac- tures and polarizes the Council and Administra- tion. HE THEN MOVED that the Council request that the Mayor reconsider the current layoff policy and amend it by introducing the principle of senior- ity, and that that change be made retroactive, incorporating the recent action on this matter. Orr seconded. Orr noted that she had expressed her concern about this policy with Mr. Chow after it was introduced, and that she shares Mann' s concerns . She said that layoffs without regard to seniority are unfair, and noted that she was extremely disturbed when she saw the list of names. She said she feels other things should be looked at. White re- minded the Council that he submitted to the Mayor, Councilmembers and Mr. Chow a proposal on the budget situation which proposed more layoffs than were made. He predicted that the City will come closer to 30 layoffs than to 11. He said he is also concerned with the manner in which this was done, that the layoffs were made without taking into consideration the recommendations of their immediate superiors who run the department. He defended the Mayor' s right to make decisions, but said he hopes that in the future department heads 14 August 4 , 1992 CITY would be consulted. White noted that until POLICIES recently, the Finance Department oversaw the Information Services Department and the Personnel Department, and proposed going back to that system which would eliminate two department heads and nearly $200, 000 in costs. He agreed that sugges- tions such as this should be looked at and expressed appreciation for other ideas. He noted that the only control Council has is the purse- strings, and stated that along with the Mayor' s responsibility comes a certain amount of respon- sibility to the Council and the citizens of the community. He said that if nothing is done about the current layoff situation, the City will proba- bly spend more on litigation and lawsuits than what would have been saved by the layoffs. BENNETT offered a friendly amendment to the motion to include performance as a criteria, and to review the layoff policy and make recommendations. He noted that under the original layoff policy temporary employees would be the first to be laid off, which would include 504 temporary Parks employees who operate the youth programs and so forth. He clarified that his intent is to avoid erring on the policy again. Mann explained that his motion is to request that the Mayor reconsider the current layoff policy and amend it by intro- ducing the principle of seniority, and that that change be made retroactive incorporating the recent action on this matter. He clarified that the introduction of seniority into the policy is one criteria. Bennett stated that he is not sure seniority was an issue in all of the layoffs and then withdrew his motion to amend. Houser spoke in support of Mann' s motion and agreed with Bennett that seniority may not be the only problem in the current layoff policy and they should look over the policy to see if there are other problems which should be corrected. White reminded Councilmembers that Administration sets and administers the policy and unless the Mayor chooses to change the policies, nothing will change. Russ Strinaham, owner of The Hungry Bear, voiced concern that the final decision was made by the 15 August 4, 1992 CITY Personnel Director. He said he felt department POLICIES heads should make the final decision and that the Personnel Directors ' only involvement should be regarding the legal ramifications involved in labor law. He asked that that be Mr. Olson' s function, and that the department heads who work with the employees make the. final decision. Judy Dreis spoke in support of Helen Wickstrom, Alice Neiffer and Stephanie Strozyk who were recently laid off, and in response to the City' s layoff policy and the manner in which the list of layoffs was determined. Dreis pointed out that the Parks Department was asked to take the biggest number of cuts (.55% of the proposed layoffs, although they make up only 13% of the total budget) , that the layoff policy was changed in May to disregard seniority and give the City Administrator rather than the department heads the power to determine layoffs, that the recommendations of department heads were followed except for the Parks and Plan- ning Departments, that three of the people on Parks list volunteered to be put on the list because they were leaving the City for one reason or another, but none of the three were terminated, that Barney Wilson was told he would be terminated for insubordination if he did not lay off the people on the list, that letters of appeal go to the very persons who made the decision to lay them off in the first place, and that the people who were cut are the people who are bringing money into the City when there is a budget crunch. She asked whether department heads could be allowed to find alternate ways to save money rather than at the expense of key personnel . Dreis noted that Wickstrom has worked for the City for 26 years and has brought millions of dollars into the community from State and Federal funding -and asked whether the many projects she was working on are now dead. She noted that Alice Neiffer has been employed by the City for 11 years, working with Helen Wickstrom to coordinate projects relating to grants. She added that Stephanie Strozky' s posi- tion as Public Relations Coordinator is very important for bringing in revenue for the Depart- ment's programs. She commended the women for their qualifications, their professional integrity and expertise, and their tireless efforts to pro- vide the best parks and recreation services 16 August 4 , 1992 CITY possible to the citizens of Kent. She stated that POLICIES she believes their terminations were politically motivated and that something must be done to reinstate them. When Roseanne King asked the City Administrator why Helen Wickstrom was laid off, he explained that as part of the appeal committee, he could not respond. Human Resources Director Olson explained for King that because appeals have been made, they cannot get into the specifics of the situation. King called for a no-confidence vote in the Mayor from the Council, for them to replace Mr. Chow, and for the citizens of Kent to recall Mayor Kelleher or vote him out in the next election. Pat Curran, 300 Scenic Way, noted that layoffs may be necessary, but that a policy that is fair and just should be followed. She said it is not just to eliminate seniority provisions or to ignore the recommendations of department directors. She added that when there is no rhyme nor reason, as in this case, there will be suspicion of retalia- tion to political enemies. She suggested that the Councilmembers have a right to look at the docu- mentation that was used in making the decisions on these layoffs, and stated that the morale of City employees is at an all-time low. She said that an equitable policy to deal with layoff procedures should be developed, and that the City cannot afford to lose outstanding people like Helen Wickstrom, Carol Proud and Alice Neiffer. Ted Laudenback, noted that in an article dated 6/16/92 Jim White said that he expected the fuss being raised over the proposed Police and Fire cuts would cause Kelleher and Chow to take a bigger shot at Parks and blame it on the Council, and that he was right. He noted that the citizens of Kent expected intelligent and humane treatment from City officials regarding layoffs, but instead saw the Mayor and City Administrator use the reduction in force as another ploy to vent their hate and vengeance toward the Parks Department and wipe out a segment that is vital to the City parks future. He noted that Ms . Wickstrom' s skills in negotiating contracts, acquisition of land, and obtaining funds are vital . He said that laying 17 August 4 , 1992 CITY off Wickstrom, Alice Neiffer and Stephanie Strozyk POLICIES destroyed a complete crew, which shows that the Mayor does not understand the inside workings of the Parks Department. He said that the Mayor made the list and mandated the layoffs, and that it is public knowledge that he has been after the Parks Department for years. He added that the loss of funds which would be generated by Wickstrom and her staff would overshadow the budget savings. He predicted that an additional reduction in force will take place in September, and wondered what the Mayor and City Administrator will do next. He said that the Mayor will regret his decision to cripple the Parks Department next election day. Brad Bell, 26034 - 142nd Avenue SE, complimented Paul Mann for showing that the emperor has no clothes. He said he is confused as to who is run- ning the City, since the Mayor says the Personnel Director makes the decisions, Ed Chow says he has nothing to do with it, and the City Attorney won't let the Personnel Director talk about it. He noted that it is frustrating to the citizens not to know what is going on, or who to argue with. He said that a tremendous mistake has been made and applauded the Council ' s decision to come for- ward and say so. He stated that the layoff decision lacked common sense and that he hopes the people who made the mistakes in this decision have the courage to admit it and make it right. Ralph Leonard stated that the root of this problem lies in the revision of the layoff policy. He said that he has compared the original layoff policy with the revised layoff policy, and was astounded to see the way the policy was manipu- lated. He said that everything in the old policy that referred to discretion, department heads making decisions, seniority, understanding, being equitable, and being fair was removed from the policy. He said that the power was moved to the Administration, who does not have to answer to anyone regardless of what department directors do. Leonard said that employees have no confidence, even those with many years of service, because of the power given to Administration through the ma- nipulation of the layoff policy. He said the entire work force has been disrupted and that if 18 August 4, 1992 CITY this stands, employees will walk around like pup- POLICIES pets, which may be what is desired. He stated that situations like this have been handled very amiably by U.S. West by offering early retirement and two years pay, and that there are ways of handling the situation without being a bull in a china closet. Bill Doolittle, 412 N. Washington, said that what he has heard tonight is refreshing and urged citi- zens to continue to attend meetings because that is the way to prevent something like this from happening again, and is the only way to get it turned around. Woods thanked Mann for his motion and reminded everyone that even though the motion may pass, it may be fruitless- since there is no guarantee that it will be implemented. She encouraged citizens to take the responsibility to be diligent and con- tinue to monitor the actions of government. She noted that councilmembers have limited powers and that the executive may not always take their advice and implement the legislation that they pass. She thanked all the citizens for being at the meeting tonight. Orr agreed with Woods and said that even though there are things that obviously could and should be done, they do not have the ability or power to do them. She said she is disturbed because some of the things that could have been tried were not tried, one of which was early retirement. She said that she is dis- turbed that department head recommendations were not taken into consideration, and that Administra- tion should have some sort of appeal from the Department Heads. She said that the Department Heads recommendations should be discussed with Administration before the layoff notices go out, so that both understand why the Department Head has made those recommendations and why Administra- tion made their suggestions. Orr said she is con- cerned that the City could lose projects that have a direct impact on citizens, and that if not all programs cannot be preserved, consideration should be given to the ones that are most impacted by City resident participation as opposed to those that are 80% participation from outside the City. She said she has found it difficult to obtain 19 August 4 , 1992 CITY information on the cost of temporary employees, POLICIES consultants, overtime and the cost of laying off certain people. She suggested that possibly a City employee could act as a Kelly person and serve more than one department, and said that things like that should be looked at. White commented that he also has copies of the layoff policy signed by the City Administrator on October 1, 1991 and the new layoff policy signed by the City Administrator on May 15, 1992 , and that it removes common sense from the layoff policy and puts dictatorship in. He said he is very unhappy with the situation, that there are many other things to cut in the budget. He said it is time for honesty in government. He agreed that it is difficult to obtain information and noted that citizens do not know what questions or who to ask, and that it is frustrating. He said that the situation here tonight is in the hands of the Mayor. Orr noted that although attention has focused on the Parks Department tonight, there are other departments and other long-term employees who were laid off, and that all should be consid- ered. Mann' s motion then carried. Mr. Laudenback asked the Mayor for his feelings on the situation. Mayor Kelleher explained that during the past couple of years the City has been engaged in a downsizing of staff and that it would be difficult to come up with any solution that would not generate controversy. He said that laying off people recommended by Department Heads would also have been controversial and that it would have affected important programs. He said he respects the criticism that he has been playing politics with this issue, and that he has tried to avoid unethical decisions in the matter, but there are legitimate disagreements over where cuts should come. He explained that in the beginning the amount of cuts each department has already taken was considered, so that all department cuts were in proportion to the size of their staff. He noted that this resulted in proposed cuts of 15 employees in Police and Fire, and that the Council did not want that. He said Administration then reduced the number of cuts in Police and Fire and realloted the cuts to Public Works, Parks, Fire 20 August 4 , 1992 CITY and Police because they have the largest staffs. POLICIES He added that there is a possibility that staff may further be downsized in coming months. He promised to talk to staff and to take the Coun- cil ' s suggestion under consideration. He noted that criticism is part of his job, and that politicians run for office because they have a commitment to do something for the community. He added that it is a thankless job sometimes, and thanked the citizens for attending tonight. POLICE (OTHER BUSINESS - ITEM 4B) DEPARTMENT Police-Library Remodel. As specified in the con- struction contract closeout specifications for the Library Remodel Project, the Police Department, upon recommendation of the project architects and engineers, seeks formal Council acceptance of the building. This action relieves the contractor and the City of its obligations pursuant to the con- struction contract and triggers the one-year warranty period and the release of retainage to the general contractor, ACGI of Kent. Captain Sweeney noted that the equipment, roofing, carpets, glass, etc. , carry manufacturer' s warran- ties that exceed the contractor' s one-year warranty period. He stated that final building approval and occupancy was granted on July 20, 1992 . He emphasized that this ends the construc- tion contract only, and that he will return to Council in October to bring the project to full completion, at which time a full cost accounting will be made. He added that the project is on time and under budget, and thanked the Mayor and Council for their support and personal interest in this project. MANN MOVED to accept the Library Remodel construc- tion as complete, and to authorize the release of retainage and the commencing of the warranty period in accord with Police-Library Remodel Proj- ect specifications 9 . 8 . 2 (Supplementary General Conditions) . Houser seconded and the motion car- ried. 21 August 4 , 1992 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through July 31, 1992 after auditing by the Operations Committee at its meeting at 2 : 00 p.m. on August 4 , 1992 . Approval of checks issued for vouchers_ Date Check Numbers Amount 7/16-7/31/92 120622-121255 $1, 360, 464 . 58 Date Check Numbers Amount 8/5/92 01175243-01175796 $ 673 , 859 . 10 (CONSENT CALENDAR - ITEM 3D) Gambling Tax Ordinance. ADOPTION of Ordinance No. 3059 which clarifies the penalty process for non- payment of gambling taxes, and establishes a 20 percent penalty for taxes not paid within three months of the original due date. REPORTS Council President. Council President Woods sug- gested a workshop regarding the 1993 budget and after discussion Councilmembers decided to hold the meeting on August 31 . McCarthy agreed to check with Councilmember Johnson as to the best time for the meeting. Steve Dowell requested that the Council President not schedule two such explosive political items for the same agenda in the future. Houser pointed out that although the 272/277th Corridor project was on the agenda, the layoff policy was an added item. Dowell stated that he feels sending the 272/277th Corridor issue back to committee shows a lack of leadership. Orr explained for him that, because of the motion in the agenda packet to refer the issue back to the committee, she felt she would have an opportunity to get her questions answered, but that that motion was not presented during the discussion. White pointed out that the alternate language for the motion was distributed to Coun- cilmembers prior to the meeting; Orr noted that she did not receive it until 6 : 15 p.m. which did not allow time to get answers to her questions . 22 August 4 , 1992 REPORTS Dowell noted that the agenda is not the rule and said it is strange that the agenda was directed in such a way as to eliminate the possibility of voting on the issue. Regarding the budget, Dowell stated that although the Mayor asked for advice, when he proposed to lay off 25 employees including police and fire, the Council did not want that to happen. He noted that when the Mayor then laid off eleven employees, the Council did not support that either. He said he feels that is not fair and is not leadership. He added that the process was flawed in the way it was handled. He suggested that the Councilmembers meet and decide how to handle these things in order to avoid tearing themselves apart, as well as tearing the community apart. Operations Committee. Houser noted that the Operations Committee will now meet at 3 : 00 rather than 2 : 00 p.m. to accommodate working schedules. Administrative Reports. The Mayor reported that the people who are getting ready to take applications for the filling up of the senior housing have requested that we come up with a name for the building to help in promotion. He suggested a contest and asked whether the City Council would be willing to look at suggested names. Councilmembers agreed. ADJOURNMENT The meeting adjourned at 11: 30 p.m. 4-L(2�L-Cee<--)JerCMC CL C� eft/ Brenda Jaco City Clerk 23 Kent City Council Meeting Date August 18 . 1992 Category Consent Calendar 1. SUBJECT: RATIFICATION OF COUNTY-WIDE POLICIES 1 2 . SUMMARY STATEMENT: Authorization to set Akmyazt-1,8-1 1992, as the date for a public hearing on the ratification of county- wide policies. The Growth Management Plan and Council (GMPC) prepared draft policies for consideration by the King County Council and city councils. A memo of the county-wide planning policies and ordinance adopted by King County were sent to the councilmembers on August 11 for their preliminary review. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Item was discussed 5/5, 6/2 and 7/7 Planning Committee meeting and is to be voted at the August 18 meeting (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. 3C r/ Kent City Council Meeting Date August 18 . 1992 Category Consent Calendar 1. SUBJECT: 8F WORKERS COMPENSATION CLAIMS HANDLING CONTRACT 2 . SUMMARY STATEMENT: Approval of renewal of the claims handling and payment contract, auditable annual deposit contract payable quarterly. Fees are per medical and per indemnity claim and per hour of engineering services for such items as air quality survey' s, sound abatement studies and the normal Labor & Industries certified instructor annual training requirements. The deposit last ye�e was exceeded because of engineering hours, not claims as ~ actual number of claims and fees were less than projected. a y reauzed---the- _ payout .and---reserves,--- Deposit _triis —Year--is--based_-on last years actual. The-fiscal_memo_ from- Finance- and-fund---balances--statement confir-w-th-e-se_-are-nct- ---_gen-Lrai--fund-monies and the entire contract--costs came from the ---[porkers-Compensation Reserve Fund which is-projected to ;- i nsreaza--$9 5,8 0 9 by- 12/31/9 2 as the result--of lower--than ----exi)ected claim and administration costs. Hepefully our -3-ncrea-sed--safety-_and c-1aims -management_can- continue this same- -trend- through 1-993-, w-e have a good start—and--a sound fund -- --balance. 3 . EXHIBITS: Fiscal memo and fund balances statement 4 . RECOMMENDED BY: Operations Committee 8/4/92 (3-0 Unanimous) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended X Not Recommended 6 . EXPENDITURE REQUIRED: $22 000 payable quarterly. Annual audit adjustment based on number and type of claims and engineering hours. SOURCE OF FUNDS: Self-Insurance Workers Compensation Fund No general budget impact. 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Ager)da Item No. 3D MIL�ER,MAYENE / KENT70/FN - HPDesk print. --•--------------------------------------- S eject: WORKERS COMP CONTRACT ADMINISTRATION - FISCAL NOTE Creator: Mayene MILLER / KENT70/FN Dated: 07/29/92 at 1729 . THE HUMAN RESOURCES DEPARTMENT IS REQUESTING AUTHORIZATION FOR THE MAYOR TO SIGN AN AGREEMENT TO EXTENT OUR THIRD PARTY CONTRACT ADMINISTRATION WITH SCOTT WETZEL.THEY ADMINISTER THE CITY'S WORKER'S COMPENSATION CLAIMS FOR OUR SELF INSURANCE FUND. THE NEW AGREEMENT WOULD REQUIRE A DEPOSIT OF $22 , 0001 UP FROM THE BUDGETED AMOUNT OF $16, 000 FOR THE LAST YEAR. THE ACTUAL COSTS FOR THIS PERIOD HOWEVER, WERE $21, 434 DUE PRIMARILY TO UNANTICIPATED AIR QUALITY COSTS FOR THE SOUTH WING OF CITY HALL. SINCE THIS IS A DEPOSIT, ANY AMOUNT NOT SPENT WOULD BE RETURNED TO THE CITY. THE EXECUTIVE COMMITTEE RECOMMENTS APPROVAL OF THE MAYOR TO SIGN THE AGREEMENT WITH SCOTT WETZEL FOR THE THIRD PARTY ADMINISTRATION. EVEN THOUGH THIS AMOUNT EXCEEDS ONE LINE ITEM OF THE SELF INSURANCE WORKERS COMPENSATION FUND, OTHER ITEMS ARE EXPECTED TO BE UNDER BUDGET AND THEREFORE WILL REQUIRE NO BUDGET CHANGE. THE FUND IS EXPECTED TO END 1992 WITH AN ENDING FUND BALANCE OF $719, 503 UP $95, 809 FROM THE BEGINNING 1992 BALANCE OF $623 , 694 . CD !p5 N m o �7y d O_v ° '•n of < O 7 i z d O N i C ' m i 0 p p 7 J J J d N'Op M m p `< N N m 'p 7 !D N M < ' m m N N n n 7 N ' 7 3 J 10 0 3 7 J n N n n m m 7 o m o nN, oNi 0 3 < 7 d 0 7 d i l O A N - W d m C N < n' 0 MD v 7 m a < mv N N N C N t� 3 O. V N o o tWil W W O 7 m 0-0 0` m X N r v d W W �l d r 10 A 'O P O I O)N 7 J C n a� a s 10 o f I N d l P m a 7 ' N - No -� v N I .O I N P N tvli W r d O- O w N b VW `NO O N W O) 7 O � �_ N `O c_ N V N a, O co `O Vj J j J N O I W N `O W W DO I OJ P i� O N \ .O W cc , C O i� N O O P W W O O N V Q m V I v l�I1N 00 00 N I N O n m N v I N N O O N I N O n b m ol oA �'� m v l vVi 10 N O O O N I '0 0 n O m ol J I -1 I V�i N OO O N I N O ^ < m N ,i O O O O N I N O W 0 O I co co A I w l 'O I W v�000000 m l W �000000 +� �'O tD IO O I P I vNi O 10 V N P I W O I v v v v m p OIN� l C I NW-4 N _ AV `O W W P to V�VI .O d O O O viN W t n 0 0 0 0 0 0 r O r n W N A G R E E M E N T AGREEMENT, made and entered into this day of 1992, by and between Scott Wetzel Services, Inc. , a Washington Corporation with its princi- pal place of business at 500 Pacific Avenue, Bremerton, Washington 98310 (hereinafter referred to as "SWS") and CITY OF KENT, with its principal place of business at 220 4th Avenue South, Kent, Washington 98031 (hereinafter referred to as "City") : W I T N E S S E T H WHEREAS, City maintains a self-insured plan to cover its workers' compensation liabilities in the State of Washington; and SWS has agreed to perform certain services in connection therewith, as herein set forth: NOW, THEREFORE, it is agreed as follows: 1. The term of this Agreement shall be for a period of one (1) year com- mencing July 1 , 1992 and ending June 30, 1993. The Agreement may be terminated by either party giving not less than sixty (60) days written notice to the other party except for non-payment of fees or change in jurisdictional or other administrative regulations affecting this Agree- ment. 2. During the period of this Agreement, SWS shall represent and act for City in matters pertaining to the liability of City for claims based on events which occur during the term of this Agreement under the Workers' Compen- sation Act of the State of Washington. During the term hereof, SWS shall devote its best efforts in the conduct of its duties hereunder. Such duties shall be the following: (a) Receive notice of and create files on each claim reported and maintain these files for City. (b) Investigate all claims as required to determine their validity and compensability. (c) Determine proper benefits due on compensable cases. (d) Request timely payment of benefits due, in accord with payment procedures as established from funds provided by City. City will be wholly responsible for providing such funds as may be required for these payments. (e) Prepare documentation and defenses of cases considered noncompensa- ble and assist selected legal counsel in preparation of cases for hearings, appeals, and/or trial. (f) Maintain and provide City pertinent data on all claim payments. 2 - (g) Provide monthly and/or quarterly computerized loss reports in a tailored format, as mutually agreed at inception of the program, showing descriptive data, details of each month's payments, total payments, reserves and total experience for each claim. Data reporting services, in accordance with this Agreement, are limited to the reporting format, content and number of copies specified in Addendum One. Subsequent expansion and/or modification of services including changes in report distribution, at the option of SWS, may be subject to additional charges. (h) Provide excess insurers such reports as they may reasonably require within specific excess coverage reporting requirements. (i) Provide information and assistance as may be reasonably required for preparation and filing of all reports required by any state agency in connection with City's approved self-insured status. (j) File with the appropriate State Administrative Departments such information as is required on each claim. (k) Provide loss control services, defined as loss control, consulta- tions, and surveys as mutually agreed. 3. In consideration of the services to be performed by SWS hereunder, City shall pay to SWS: (a) A minimum and deposit fee of twenty-two thousand dollars ($22,000) , payable quarterly in advance. The first payment will be due within twenty (20) days of commencement of this Agreement, and subsequent payments will be due within twenty (20) days of the beginning of each quarter thereafter. (b) The minimum fee will be subject to adjustment by performance of claim count audits on the basis of SWS claim data and application of the following per claimant fees: Eighty dollars ($80) for each workers' compensation medical only; Three hundred seventy-five dollars ($375) for each workers' compen- sation indemnity. A flat administrative fee of one thousand five hundred dollars ($1,500) , and a fee of seven thousand two* hundred dollars ($7,200) for loss control services, will be included in each fee adjustment calculation. (c) SWS has agreed to make available up to ninety (90) hours of loss control services annually, payment for which is included in the fee stated in Section three (3) articles (a) and (b) . Additional loss control will be available at the rate of ninety dollars ($90) per hour. 3 - (d) Additional services requested by City will be compensated at such fee and payment terms as mutually agreed by both parties. (e) Invoices not paid on a timely basis will be surcharged a finance fee of 12% annual interest rate. In the event City fees are not paid within sixty (60) days of the date of invoice, SWS may terminate this Agreement, at its option, after ten (10) days written notice to City. 4. Audit adjustments will be submitted at the end of the annual term and quarterly thereafter based upon the cumulative claim count as contained in the computer reports required by section 2 (g) of the Agreement. A final adjustment of fee will be made as of eighteen (18) months following the end of the contract term. Any claims occurring during the term of this Agreement which are reported more than eighteen (18) months fol- lowing the end of the contract term will be subject to additional fees for administration to be agreed upon by the parties. 5. SWS will Indemnify and Hold Harmless City from any and all loss, cost, fines, assessments, penalties or expense to which City may be subjected solely as a consequence of the willful misconduct or negligent acts or omissions of SWS and/or its employees in connection with fulfilling its obligation under this Agreement. 6. City will Indemnify and Hold Harmless SWS from any and all loss, cost, fines, assessments, penalties or expense incurred by SWS and/or its employees as a result of the willful misconduct or negligent acts of the City and/or its employees in connection with fulfilling its obligation under this Agreement. 7. City agrees: (a) To pay to SWS the fees provided for hereunder. (b) To pay all allocated loss expense, as hereinafter defined, in addition to the fees to be paid to SWS. Allocated loss expense is defined as all attorney's fees, court and/or hearing costs, costs of depositions, documents and exhibits, witness and expert fees, medical and engineering appraisal, surveillance, independent adjust- ing, photography and other incidental and special costs incurred to evaluate compensability of claims. (c) To pay all loss control expense, as hereinafter defined, in addition to the fees to be paid to SWS. Loss control expense is defined as extraordinary travel costs, such as air or other common carrier fare, overnight meals and lodging; requested training materials; safety promotional materials; associated shipping and handling; and other incidental and special costs incurred in the provision of loss control services. - 4 - (d) To be wholly responsible for providing funds to pay claims and expense, as requested by SWS. (e) To advise SWS on a timely basis of all pertinent excess insurance reporting requirements and/or reporting modifications for all annual periods for which claim administration services are provided. (f) This Agreement is entered into with the understanding that existing Federal, State, or other jurisdictional regulations will remain in effect for the duration of this Agreement. City agrees that should administrative or other costs _of service provided hereunder be substantially increased as a result of modi- fications in existing law, enactment of new legislation, or° promul- gation of new administrative guidelines, SWS service fees may be renegotiated during the Agreement term. If revised fee agreements cannot be reached, SWS may terminate this Agreement, at its option, after thirty (30) days written notice to City. 8. All claims and related files generated by SWS as a result of its activity under this Agreement shall remain at all times the property of City with the exception of any supporting data required by SWS to make such ac- countings to City or excess insurers as are required in this Agreement. SWS will retain claim files for one year following date of closure. Thereafter, files will be returned to City or forwarded to such location as may be designated for continued storage. Upon SWS' request, closed claim files will be returned for additional administration as may be required. In the event of termination or non-renewal of SWS services, and assump- tion of continuing administration of claims by City, SWS will transfer all open and retained closed claim files to City, or its designee, as of the effective date of termination. 9. SWS is retained by City only for the purposes and to the extent set forth in this Agreement, and its relationship to City shall be that of an independent contractor. 10. City agrees during the term of this Agreement and for a period of one (1) year following its termination it will not employ any person employed by SWS during the term of this Agreement without the prior written consent of SWS. 11. Any notice required or permitted to be given under this Agreement shall be sufficient if given in writing and by registered or certified mail to City or to SWS at the addresses first set forth above or to any other address of which written notice of change is given. - 5 - 12. The waiver by SWS or City of the breach of any provision of this Agree- ment by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 13. This Agreement is for the period provided for in Section 1. Any continu- ation or renewal of this Agreement shall be the subject of further negotiation between the parties. Upon termination of this Agreement, in whole or in part, in accordance with Section 1, and/or non-renewal, in entirety or of any major operating subsidiary, entity or portion thereof, City shall have the option to: (a) Assume all open claims pending for the terminated or non-renewed portion of the program as of the effective date of termination or non-renewal, provided, however, that SWS shall be entitled to receive its full fee for all claims entered into its data files prior to the effective date of termination or non-renewal; or (b) Upon agreement by both parties, of a rate of compensation, require SWS to continue administration, to conclusion, all open claims associated with that portion of the program terminated or non- renewed. Such rate of compensation shall thereafter be reviewed by the parties on an annual basis and shall be the subject of mutual agreement between the parties. Adequate funds shall continue to be made available by City for the payment of claims and allocated loss expense until all claims are liquidated. 14. The obligation of SWS to perform its duties hereunder is conditioned upon City's cooperation with SWS with respect to the activities of SWS in- cluding, but not limited to, responding to SWS' requests for information promptly; providing excess carrier reporting requirements; meeting with SWS and/or third parties, as may be needed; making decisions on matters which, in the professional opinion of SWS, should be made by City; the provision of funds referred to in Section 7; and performance by City of all other obligations of this Agreement. 15. This Agreement may not be assigned by either party without the prior written consent of the other party. This provision shall not prohibit SWS from subcontracting for any of the activities to be performed by SWS without any requirement of obtaining the approval of City provided, however, that any such subcontracting shall not relieve SWS of its obligations to City under this Agreement. 16. Any unresolved dispute between City and SWS which may arise from the obligations of either party as set forth herein, will be resolved by arbitration. Such arbitration shall be binding upon City and SWS. Each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within thirty (30) days, either may request that selection be Inade by a judge of a court having competent jurisdic- tion. Each party will pay the expenses it incurs and bear the expenses - 6 - of the third arbitrator equally. The laws of the State of Washington will apply. 17. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. All terms, conditions, definitions as set forth in the Agreement will be interpreted under the laws of the State of Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate counterparts as of the date first above written. CITY OF KENT ATTEST: By Date Signed Title SCOTT WETZEL SERVICES, INC. ATTEST: By h Date Signed June 25, 1992 Title Vice President 7 - ADDENDUM ONE TO THE AGREEMENT BETWEEN CITY OF KENT ("City") AND SCOTT WETZEL SERVICES, INC. ("SWS") EFFECTIVE: JULY 1, 1992 Report Frequency Distribution Loss Experience Per Claim Monthly 2 - Client By Fund Per Department 1 - McDonald & Co. Current Month Payments Monthly 2 - Client City Overall 1 - McDonald & Co. Statistical Analysis Quarterly 2 - Client By Category 1 - McDonald & Co. - End - blk/Kent/2d Kent City Council Meeting Date August 18, 1992 Category Consent Calendar 1. SUBJECT: FIRST AVENUE MURAL BY ROGER BROER 2 . SUMMARY STATEMENT: Approval of the selection of artist Roger Broer to complete an original painting for the City of Kent Art Collection and mural of the same design to be placed at First Interstate Bank. Mr. Broer's work was selected by the Project Jury. Mr. Broer is an accomplished Kent artist who has exhibited his work nation-wide and has worked in the collections of the Department of the Interior, Seafirst and Pierre Cardan. The completed mural will measure 613" x 719" . 3 . EXHIBITS: none 4 . RECOMMENDED BY: Parks Committee (3-0) Art Selection Jury (members include: Leona Orr Grace Hiranaka Jim Land, Gerald Hatler, First Interstate Bank; Jeri Marie Bennett, Duwamish: Walter Pacheco Muckleshoot and Robb Dreblow) and Kent Arts Commission (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended__ Not Recommended 6. EXPENDITURE REQUIRED: $10, 000 SOURCE OF FUNDS: Citv Art Fund - 1991 mural initiative already budgeted 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E Kent City Council Meeting Date August 18 . 1992 Category Consent Calendar 1. SUBJECT: 1993 BUDGET WORKSHOP p(�(( 2 . SUMMARY STATEMENT: As re uested b Council lauthorization to set August 31 from 8: a.m. unti noon he date and time for a workshop on the 1993 Budget. he workshop will be held at the Senior Center. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Council (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. 3FW JV..t4 Kent City Council Meeting o, Date August 18 . 1992 Category Consent Calendar r 1. SUBJECT: WCIA INTERLOCAL AGREEMENT - RESOLUTION \\ 2 . SUMMARY STATEMENT: Adoption of Resolution whichamends the City' s existing interlocal agreement with the Washington Cities Insurance Authority. The amendment changes the agreement so that, in the future, a vote of 2/3 of the 70 member cities - rather than a unanimous vote - would be sufficient to amend the agreement. The amendment also includes numerous "housekeeping" corrections. 3 . EXHIBITS: Proposed amendments attached, resolution 4 . RECOMMENDED BY: Operations Committee (2-0 , White absent but agreeing to placement on Consent Calendar) (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: Councilmembermoves, Councilmember seconds DISCUSSION: ` J ACTION: Council Agenda Item No. 3G x ( r WCIA EXECUTIVE COMMITTEE MEETING OCTOBER 12 , 1990 SEA-TAC MARRIOTT New Business : Interlocal Language Change Background: A 1990 goal entails a review of current interlocal language to streamline future administrative processes , - —'simplify functions and clarify terms . Areas requesting specific updating include Article 26 - Amendment, to allow future Interlocal changes by a two- thirds majority rather than a unanimous vote. Also a requested change in Article 13 - Joint Protection Program Development, to generalize the assessment formula specifics . Finally to modernize terms to become consistent with self- insurance industry standards . Discussion: Article 26 - Amendment: The original 9 cities chose to do business unanimously in a show of solidarity. As a practical matter, 70 cities may have difficulty in doing business with this requirement. The requested two-thirds majority (the same as for U. s . Constitution changes) allows a greater flexibility for doing business while ensuring the consensus factor. Article 13 - Joint Protection Program Development: The second area of change envisions greater sophistication in the assessment formula, with more change to come from both outside sources such as GASB and a more solid loss experience base. New language generalizes the assessment componen-s and intent, while providing flexibility for future changes . Lastly, chance of terms helps relate us to the self- insurance industry rather than the insurance industry. Recommendation: r Passage of attached language change to Article 26 , and Article 13 , and individual terms throughout. WCIA Interlocal Agreement October 1, 1991 Page 1 3 INTERLOCAL AGREEMENT: 4 5 CREATING THE WASHINGTON CITIES 6 7 INSURANCE AUTHORITY 8 9 10 THIS AGREEMENT is made and entered into in the State of 11 Washington by and among the municipal corporations organized and 12 existing under the Constitution or laws of the State of Washington, 13 hereinafter collectively referred to as "Member Cities" or "Cities" , 14 and individually as "Member City" or "City" which are parties 15 signatory to this Agreement and listed in Appendix A, which is 16 attached hereto and made a part hereof. Said Cities are sometimes 17 referred to herein as "parties" . 18 19 20 RECITALS 21 22 WHEREAS, Ch. 48 . 62 RCW provides that two or more local 23 governmental entities may, by interlocal agreement, -p-rey-itie-3trsti..- e 24 jointly purchase insurance, jointly self insure, and/or jointly hire 25 risk management services for any-pid-r"se-l!)-y-any authorized purpose by -)6 anv one or more of certain specified methods, and; C8 WHEREAS, each of the parties to this Agreement desires to join 29 together with the other parties for the purpose of pooling their self- 30 insured losses and jointly purchasing excess insurance and 31 administrative services in connection with a Joint Protection Program 32 for said parties, and; 33 34 WHEREAS, it appears economically feasible and practical for the 35 parties to this Agreement to do so; 36 37 NOW, THEREFORE, for and in consideration of all of the mutual 38 benefits, covenants and agreements contained herein, the parties 39 hereto agree as follows: 40 41 42 ARTICLE I 43 44 Definitions 45 46 The following definitions shall apply to the provisions of the 47 Agreement: 48 49 (a) "Authority" shall mean the Washington Cities Insurance 50 Authority created by this Agreement. 51 �2 (b) "Board of Directors" or "Board" shall mean the governing body of the Authority. WCIA Interlocal Agreement October 1, 1991 Page 2 (c) Claims" shall mean demands made against the Authority 3 arising out of occurrences which are within the Authority's Joint 4 Protection Program as developed by the Board of Directors. 5 6 (d) "Excess Insurance" shall mean that insurance purchased on 7 behalf of the Authority to protect the funds of the Authority against 8 catastrophes or an unusual frequency of losses during a single year. 9 10 (e) Executive Committee" shall mean the Executive Committee of 11 the Board of Directors of the Authority. 12 13 (f) "Fiscal Year" shall mean that period of twelve months which 14 is established as the fiscal year of the Authority. 15 16 (g) ,insuraneeCoveracre" shall mean and include self-insurance 17 through a funded program and/or any commercial insurance contract. 18 19 (h) "Executive Director" shall mean that employee of the 20 Authority who is appointed by the Board of Directors, and responsible 21 for the management and administration of the Joint Protection Program 22 of the Authority. 23 24 25 ARTICLE 2 �c Purpose l8 29 This Agreement is entered into by Cities in order to provide more 30 comprehensive and economical liability coverage, to provide for the 31 economical and self insurance pooling of insuranee--eeveragerisk 32 I exposures for all forms of insurance available or required by law for 33 municipal corporations and for which State law authorizes the 34 formation of pooling organizations to provide such insurance, to 35 reduce the amount and frequency of Cities losses, and to decrease the 36 cost incurred by Cities in the handling and litigation of claims. 37 This purpose shall be accomplished through the exercise of the powers 38 of Cities jointly in the creation of a separate entity, the Washington 39 Cities Insurance Authority, to administer a Joint Protection Program 40 ( wherein cities will jointly pool and self insure their losses and 41 claims, and a.av jointly purchase excess insurance and administrative 42 and other services including claims adjusting, data processing, risk 43 management consulting, loss prevention, legal and related services. 44 45 It is also the purpose of this Agreement to provide, to the 46 extent permitted by law, for the inclusion at a subsequent date of 47 such . additional municipal corporations organized and existing under 48 the Constitution or laws of the State of Washington as may desire to 49 become parties to this Agreement and members of the Authority, subject 50 to approval by the Board of Directors. WCIA Interlocal Agreement October 1, 1991 Page 3 It is also the purpose of this Agreement to provide, to the 3 extent permitted by law, that the Authority may, in the discretion of 4 its Directors, contract with non-member Cities or other municipal 5 corporations in the State of Washington to provide, at a reasonable 6 charge, such non-member Cities or municipal corporations 7 administrative and other services including claims adjusting, data 8 processing, risk management consulting, loss prevention and training. 9 10 11 ARTICLE 3 12 13 Parties to Agreement 14 15 Each party to this Agreement certifies that it intends to and 16 does contract with all other parties who are signatories of this 17 Agreement and, in addition, with such other parties as may later be 18 added to and signatories of this Agreement pursuant to Article 19 . 19 Each party to this Agreement also certifies that the deletion of any 20 party from this Agreement, pursuant to Articles 20 and 21, shall not 21 affect this Agreement nor such party's intent to contract as described 22 above with the other parties to the Agreement then remaining. 23 24 25 ARTICLE 4 '6 Term of Agreement 28 29 This Agreement shall become effective on January 1, 1981, and 30 shall continue for not less than three years until and unless 31 terminated as hereinafter provided. 32 33 34 ARTICLE 5 35 36 Creation of Authority 37 38 Pursuant to Ch. 48 . 62 RCW, the debts, liabilities and obligations 39 of the Authority shall not constitute debts, liabilities or 40 obligations of any party to this Agreement. 41 42 43 ARTICLE 6 44 45 Powers of Authority 46 47 (a) The Authority shall have the powers common to Cities and is 48 hereby authorized to do all acts necessary for the exercise of said 49 common powers, including, but not limited to, any or all of the 50 following: 51 F2 1) To make and enter into contracts; 3 54 2) To incur debts, liabilities or obligations ; WCIA Interlocal Agreement October 1, 1991 Page 4 3) To acquire, hold or dispose of property, contributions 3 and donations of property, funds, services and other forms 4 of assistance from persons, firms, corporations and 5 governmental entities; 6 7 4) To sue and be sued in its own name; and 8 9 5) To exercise all powers necessary and proper to carry 10 out the terms and provisions of this Agreement, or otherwise 11 authorized by law. 12 13 (b) Said powers shall be exercised pursuant to the terms hereof 14 and in the manner provided by law. 15 16 17 ARTICLE 7 18 19 Board of Directors 20 21 (a) The Authority shall be governed by the Board of Directors 22 which is hereby established and which shall be composed of one 23 representative from each Member City who is an employee or official of 24 that City, as appointed by the City Council , Commission, or appointing 25 official of that City. Each City Council , commission, or appointing �r official in addition to appointing a member of the Board, shall appoint at least one alternate who also shall be an officer or 28 employee of that City. The alternate appointed by a City shall have 29 the authority to attend, participate in and vote at any meeting of the 30 Board when the regular member for whom he or she is an alternate is 31 absent from said meeting. 32 33 (b) Each member or alternate of the Board shall be appointed for 34 a one year term and until a successor is appointed. Each member .or 35 alternate shall serve at the pleasure of the City by which he or she 36 has been appointed as long as he or she is an officer or employee of 37 the City. 38 39 (c) Each member of the Board shall have one vote. 40 41 42 ARTICLE 8 43 44 Powers of the Board of Directors 45 46 The Board of Directors of the Authority shall have the following 47 powers and functions: 48 49 (a) The Board may elect from its members, pursuant to Article 10 50 of this Agreement, an Executive Committee to which it may give 51 authority to make and implement any decisions, including those involving the administration of the Authority, except those decisions that would require an amendment of this Agreement, under Article 26 54 herein. WCIA Interlocal Agreement October 1, 1991 Page 5 (b) The Board may review all acts of the Executive Committee, 3 and shall have the power to modify and/or override any decision or 4 action of the Executive Committee upon a majority vote of the entire 5 Board of Directors. 6 7 (c) The Board shall review, modify if necessary, and approve the 6 annual operating budget of the Authority. 9 10 (d) The Board shall receive and review periodic accounting of 11 all funds under Article 14 and 15 of this Agreement. 12 13 (e) The Board shall have the power to conduct on behalf of the 14 Authority, all business of the Authority which the Authority may 15 conduct under the provisions hereof and pursuant to law. 16 17 (f) The Board shall determine and select a Joint Protection 18 Program for the Authority. 19 20 (g) The Board shall determine and select all necessary 21 instruments of coverage instirenee---3 22 I neeessary-to carry out the Joint Protection Program of the Authority. 23 24 (h) The Board shall have the authority to contract for or 25 develop various services for the Authority, including, but not limited 26 to claims adjusting, loss control and risk management consulting services. 29 (i) The Board shall appoint an Executive Director of the 30 Authority and shall receive and act upon reports of the Executive 31 Director. 32 33 (j ) The Executive Director shall have the power to hire such 34 persons as the Board authorizes for the administration of the 35 Authority, including the "borrowing" of management-level employees 36 from one or more of the Member Cities to assist in the development 37 phase of the Joint Protection Program of the Authority, subject to the 38 approval of the Member City. Any Member City whose employee is so 39 "borrowed" according to this provision shall be reimbursed by the 40 Authority for that employee's time spent or services rendered on 41 behalf of the Authority. 42 43 (k) The Executive Director shall have the general supervisory 44 control over the day-to-day decisions and administrative activities of 45 the Authority. 46 47 (1) The Board shall have such other powers and functions as are 48 provided for in this Agreement, including, but not limited to, the 49 power to authorize the contracts with non-member Cities or municipal 50 corporations and the "Authority" , to provide services to such non- 51 members as set forth in Article 2 , upon such terms and conditions as 52 the Director shall decide appropriate. WCIA Interlocal Agreement October 1, 1991 Page 6 3 ARTICLE 9 4 5 Meetings of the Board of Directors 6 7 (a) Meetings. The Board shall provide for its regular, 8 adjourned regular and special meetings ; provided, however, that it 9 shall hold at least one regular meeting annually. 10 11 (b) Minutes. The Board of the Authority shall cause minutes of 12 regular, adjourned regular and special meetings to be kept and shall, 13 as soon as possible after each meeting, cause a copy of the minutes to 14 be forwarded to each member of the Board and to each City. 15 16 (c) Quorum. A majority of the members of the Board shall 17 constitute a quorum for the transaction of business, except that less 18 than a quorum may adjourn from time to time. A vote of the majority 19 of those members present at a meeting shall be sufficient to 20 constitute action by the Board. 21 22 23 ARTICLE 10 24 25 Executive Committee �6 The Board of Directors may appoint at any time of the year during z8 a Board meeting an Executive Committee of the Board of Directors which 29 shall consist of an odd number of not less than five nor more than 30 nine members, as determined by the Board of Directors. Two of the 31 members of the Executive Committee shall be the President of the Board 32 of Directors, and the Vice President of the Board of Directors; the 33 remainder of the members, after their original election, shall be 34 elected by the Board of Directors at the same time the officers of the 35 Board are elected in January of each calendar year. The President of 36 the Authority, or the Vice President in his or her absence, shall 37 serve as the Chairperson of the Executive Committee. The Board of 38 Directors may delegate any of the powers of the Board as outlined in 39 Article 8 to the Executive Committee and may establish and delegate 40 any other powers and duties the Board deems appropriate. WCIA Interlocal Agreement October 1, 1991 Page 7 ARTICLE 11 3 4 5 Officers of the Authority 6 7 (a) President and Vice President. The Board shall elect a 8 President and Vice President of the Authority at its first meeting, 9 each to hold office for one year term and until successor is elected. 10 Thereafter in January of each succeeding calendar year, the Board 11 shall elect or re-elect the President and Vice President for the 12 ensuing year. In the event the President or Vice President so elected 13 ceases to be a member of the Board, the resulting vacancy in the 14 office of President or Vice President shall be filled at the next 15 regular or special meeting of the Board held after such vacancy 16 occurs. In the absence or inability of the President to act, the Vice 17 President shall act as President. The President, or in his or her 18 absence, the Vice President, shall preside at and conduct all meetings 19 of the Board and shall be a member and the Chairperson of the 20 Executive Committee. 21 22 (b) Executive Director. The Executive Director shall have the 23 general administrative responsibility for the activities of the Joint 24 Protection Program and shall appoint all necessary employees thereof. 25 )6 (c) Treasurer. The Treasurer shall be appointed by the Board and shall be a person other than the Executive Director. The duties 28 of the Treasurer are set forth in Article 14 and 15 of this Agreement. 29 30 (d) Attorney. The Board of Directors shall select an attorney 31 for the Authority. The attorney may be, but is not required to be, a 32 City Attorney, from a Member City. In the event the attorney is 33 precluded from acting because of a conflict of interest or legal 34 impediment, or for other good reason, the Board may employ independent 35 counsel as the attorney for the Authority. The attorney shall serve 36 at the pleasure of the Board of Directors. 37 38 39 ARTICLE 12 40 41 I insurance-Coverage 42 43 (a) The insuranee—coverage provided for Member Cities by the 44 I Authority shall be defined by the Board and may allow or require 45 protection for comprehensive liability, personal injury, errors and 46 omissions, contractual liability, and such other areas of coverage as 47 the State shall require or the Board shall determine. 48 49 (b) The Authority shall maintain an-insu -anee coverage limit for 50 Member Cities determined by the Board of Directors to be adequate. 51 The Board may arrange purchase of a group insurance policy for Member �2 Cities interested in obtaining additional coverage above this limit, 1 at an additional cost to those participating Cities. WCIA Interlocal Agreement October 1, 1991 Page 8 _- (c) The Board may arrange for the purchase of any other 3 insurance deemed necessary to protect the funds of the Authority 4 against catastrophes. 5 6 7 ARTICLE 13 8 9 Development of the Joint Protection Program 10 11 (a) As soon as practicable after the effective date of this 12 Agreement, but prior to the effective date of the Joint Protection 13 Program, the Board of Directors shall adopt the Authority's Joint 14 I Protection Program, including the iasurenee-coverage provided for in 15 Article 12 , the amount of initial prem4:umsassessment, the precise cost 16 allocation plan and formula, the pro forma financial statement of the 17 Authority, and the amount and type of excess insurance tewhich may be 18 procured. 19 20 (b) The Joint Protection Program provided by the Authority shall 21 extend to all city department operations except transit, aviation and 22 hospitals, unless otherwise excluded by the Board of Directors. 23 24 (c) The initial prem4:unassessment for each City shall be 25 determined by the Board, in its discretion, based upon a fair formula 26 I which sha-11may consider, but not be limited to, total City worker hours , total City payroll, administrative experience of the City, the previous loss experience of the City, the liability risks of the City 29 and the costs to the Authority of adding the City as a member. 30 31 (d) The cost allocation plan and formula adopted by the Board 32 shall provide for an adjustment in the Member Cities' 33 premitimsassessments at the end of the first year of operation, and 34 annually thereafter, in order to produce an assessment-premium for the 35 following year for each City shall consider, but not be limited to, 36 the Chet-is-ee�tiet�-te-the-sum-ef-the-following-tkree-items : 37 38 1) That amount of losses borne individually by the City, 39 as determined by the Board; and 40 41 2) The City's share of pooled losses and other expenses, 42 as determined by the Board; and 43 44 3) The City's contribution to a catastrophe fund and 45 reserves for incurred-but-not-reported losses, and amount of 46 such fund and reserves to be determined by the Board. 47 48 (e) The Board may at any time make stick-additional assessment 49 adjustments to correct any fund deficit as the Board deems necessary 50 to maintain the financial integrity of the Authoritv.premitim 51 eeltistnterits-retrespeetit+e-to-tYie-prier-year-easel-each-Member-city-sheik 5" peps-enp-eelelitieae�-premitiin-ree�ireel-by-srieh-retraspeeti�*e-ad�estment. WCIA Interlocal Agreement October 1, 1991 Page 9 (f) The Board shall adopt criteria for determining each City's 3 annual share of pooled losses, expenses and contribution to a 4 catastrophe fund which may include the City's payroll as compared to 5 the total payroll of all Member Cities, the City's individual loss 6 experience, and such other criteria as the Board may determine to be 7 relevant. 8 9 (g) The annual readjustment of the amount of prernitimassessmand 10 I shall be made and notices for readjusted prem4:u-massessment amounts and 11 the next year's prem3xM9assessments shall be distributed at least 12 ninety (90) days prior to the close of each fiscal year. This 13 prem#timassessment amount, together with any readjusted amount due 14 under paragraph (c) above, shall be due and payable on or before 15 fifteen (15) days after the beginning of the fiscal year. 16 17 (h) Inasmuch as some Member Cities may experience an unusual 18 frequency of losses during a single fiscal year, which could increase 19 their final prem4:umassessment substantially-awe-,tire- rz Lei -preirri n 20 for that year and cause budgetary problems, the Board may provide for 21 payment of a portion of such aelel4:t4:ena4:-15-rem-itisnassessment to be made 22 over a period of time, not to exceed three years, plus reasonable 23 interest. 24 25 :)6 ARTICLE 14 28 Accounts and Records 29 30 (a) Annual Budget. The Authority shall annually adopt an 31 operating budget, pursuant to Article 8 (c) of this Agreement. 32 33 (b) Funds and Accounts. The Authority shall establish and 34 maintain such funds and accounts as may be required by state law and 35 Ipropergead accounting practices. Books and records of the Authority 36 shall be in the hands of the Treasurer and shall be open to any 37 inspection at all reasonable times by representatives of Member 38 cities. 39 40 (c) Executive Director's Report. The Executive Director, within 41 one hundred and twenty (120) days after the close of each fiscal year, 42 shall give a complete written report of all financial activities for 43 such fiscal year to the Board and to each Member City. 44 45 (d) Annual Audit. The Board may provide for a certified, annual 46 audit of the accounts and records of the Authority such audit shall 47 conform to generally accepted auditing standards. When such an audit 48 of the accounts and records is made by a Certified Public Accountant, 49 a report thereof shall be filed as a public record with each of the 50 Member Cities. Such report shall be filed within six (6) months of 51 the end of the year under examination. WCIA Interlocal Agreement October 1, 1991 Page 10 (d) Costs. Any costs of the audit, including contracts with, or 3 employment of, Certified Public Accountants, in making an audit 4 pursuant to this Article, shall be borne by the Authority and shall be 5 considered included within the term "administrative costs" . 6 7 8 ARTICLE 15 9 10 Responsibility for Monies 11 12 (a) The Treasurer of the Authority shall have the custody of and 13 disburse the Authority's funds subject to Board approval . He or she 14 shall have the authority to delegate the signatory function to such 15 persons as are authorized by the Board. 16 17 (b) A bond in the amount set by the Board, as outlined by State 18 RCW shall be required • of all officers and personnel authorized to 19 disburse funds of the Authority, such bond to be paid for by the 20 Authority. 21 22 (c) The Treasurer's duties shall include: 23 24 (1) Receive and receipt for all money of the Authority and 25 place it in the treasury to the credit of the Authority; 26 (2) Be responsible upon his or her official bond for the safekeeping and disbursement of all of the Authority's money 29 so held by him or her; 30 31 (3) Pay, when due, out of money of the Authority so 32 held by him or her, all sums payable on outstanding debts of 33 the Authority; 34 35 (4) Pay any other sums due from the Authority money only 36 upon request for payment signed by the President of the 37 Board or the Executive Director. The Board may designate an 38 alternate signature for each; and 39 40 (5) Verify the report in writing on the first day of July, 41 October, January and April of each year to the Authority and 42 to Member Cities the amount of money held for the Authority, 43 the amount of receipts since the last report, and the amount 44 paid out since the last report. 45 46 47 ARTICLE 16 48 49 Responsibilities of the Authority 50 51 The Authority shall perform the following functions in 5" discharging its responsibilities under this Agreement: WCIA Interlocal Agreement October 1, 1991 Page 11 (a) Provide insuranee-coverage by whatever means and methods the 3 I Board deems appropriateee--rref`ess�, including but not limited to a 4 self-insurance fund and commercial insurance, as well as excess 5 coverage and umbrella insurance, by negotiation or bid, and purchase, 6 as necessary. 7 8 (b) Assist Cities in obtaining insurance coverages for risks no 9 included within the basic coverage of the Authority. 10 11 (c) Assist each City's assigned risk manager with the 12 implementation of that function within the City. 13 14 (d) Provide loss prevention and safety and consulting services 15 to Cities as required. 16 17 (e) Provide claims adjusting and subrogation services for claims 18 covered by the Authority's Joint Protection Program. 19 20 (f) Provide loss analysis by the use of statistical analysis, 21 data processing, and record and file-keeping services, in order to 22 identify high exposure operations and to evaluate proper levels of 23 self-retention and deductibles. 24 25 (g) Provide for Cities , as needed, a review of their contracts )6 to determine sufficiency of indemnity and insurance provisions. l8 (h) Conduct risk management audits to review the participation 29 of each City in the program. The audit shall be performed by the 30 Executive Director, or, at the discretion of the Board, an independent 31 auditor may be retained by contract to conduct the audits. 32 33 (i) The Authority shall have such other responsibilities as 34 deemed necessary by the Board of Directors in order to carry out the 35 purposes of this Agreement. 36 37 38 ARTICLE 17 39 40 Responsibilities of Member Cities 41 42 Member Cities shall have the following responsibilities: 43 44 (a) The City Council, Commission, or appointing official of each 45 City shall appoint a representative and at least one alternate 46 representative to the Board of Directors, pursuant to Article 7 of 47 this Agreement. 48 49 (b) Each City shall appoint an employee of the City to be 50 responsible for the risk management function within that City, and to 51 serve as a liaison between the City and the Authority as to risk 52 management. WCIA Interlocal Agreement October 1, 1991 Page 12 (c) Each City shall maintain an active safety officer and/or 3 committee, and shall consider all recommendations of the Authority 4 concerning the development and implementation of a loss control policy 5 to prevent unsafe practices. 6 7 (d) Each City shall maintain its own set of records, as a loss 8 log, in all categories of loss to insure accuracy of the Authority's 9 loss reporting system. 10 11 (e) Each City shall pay its premiumassessment and any readjusted 12 I emountassessment promptly to the Authority when due. After withdrawal 13 or termination, each City shall pay promptly to the Authority its 14 share of any additional preminmassessment and accrued interest at a 15 rate determined by the Board when and if required of it by the Board 16 under Article 22 or 23 of this Agreement. 17 18 (f) Each City shall provide the Authority with such other 19 information or assistance as may be necessary for the Authority to 20 carry out the Joint Protection Program under this Agreement. 21 22 (g) Each City shall in any and all ways cooperate with and 23 assist the Authority, and any insurer of the Authority, in all matters 24 relating to this Agreement and covered losses, and will comply with 25 all by-laws , rules and regulations adopted by the Board of Directors. 28 ARTICLE 18 29 30 Interim Period and Effective Date of Program 31 32 (a) Interim Period. Once this Agreement has been initially 33 signed, the estimated deposit charge for each City shall be developed 34 and presented to each City by written notice. Each City shall have 35 thirty (30) days from the receipt of such notice to withdraw from the 36 Agreement. 37 38 After the end of this thirty (30) day period, and prior to 39 December 1, 1980 , each City's actual deposit charge shall be 40 determined. Each City which signed the Agreement shall be bound 41 thereby unless the actual deposit charge for the first year exceeds 42 the estimated deposit charge in the written notice. If the actual 43 deposit charge exceeds the estimated deposit charge, a Member City may 44 nevertheless, elect to proceed with its participation in the Joint 45 Protection Program by - informing the Authority, in writing, of its 46 decision to that effect. 47 48 (b) Effective Date. After each City' s actual deposit charge for 49 the first year has been determined, written notice to that effect 50 shall immediately be given to all Cities. The Joint Protection 51 Program shall become effective thirty (30) days from the date of such notice. WCIA Interlocal Agreement October 1, 1991 Page 13 (c) Joint Protection Program. After this Agreement becomes 3 effective, the Authority shall develop the details of the Joint 4 Protection Program more fully described in Article 12 and 13 of this 5 Agreement. 6 7 8 ARTICLE 19 9 10 New Members 11 12 After the effective date of the Joint Protection Program is 13 established by the Authority, according to the provisions of Article 14 18 , additional Cities shall not be permitted to become signatories to 15 this Agreement, or to enter the Joint Protection Program, during the first year of operation. Following the first year of operation, the 7 Authority shall allow entry in the program of new members .approved by 18 the Board at such time during the year as the Board deems appropriate. 19 Cities entering under this Article will be required to pay their share 20 of organizational expenses as determined by the Board, including those 21 necessary to analyze their loss data and determine their 22 prem4:tmsassessment. 23 24 25 ARTICLE 20 ?6 7 Withdrawal and Cancellation 28 29 a) City Withdrawal From Authority Membership 30 31 (1) A Member City may withdraw as a party to this Agreement 32 pursuant to requirements of Article 18 . 33 34 (2) A Member City which signs the Agreement and enters the 35 Joint Protection Program pursuant to Article 18 may not 36 withdraw as a party to this Agreement and as a member of the 37 Authority for a three-year period commencing on the 38 effective date of the Joint Protection Program, as 39 determined by Article 18 . 40 41 (3) After the initial three-year non-cancelable commitment 42 to the program, a Member City may withdraw from membership 43 only at the end of any fiscal year of the Authority, 44 provided it has given the Authority twelve months prior 45 written notice of its intent to withdraw from this 46 Agreement. Such notice shall be hand carried or mailed to 47 the offices of the Authority by certified mail. WCIA Interlocal Agreement October 1, 1991 Page 14 (4) Withdrawal of membership will result in automatic 3 cancellation of such Member city's participation in the 4 Joint Protection Program, any excess insurance and any other 5 programs offered by the Authority effective the date of 6 withdrawal. Further, the Authority reserves the right to 7 non-renew said withdrawing Member City's coverage in any 8 Authority program during such City's notice period. 9 10 b) Authority Termination of City Membership 11 12 1) The Authority shall have the right to terminate any 13 city's membership in the Authority at any time. Such 14 Termination of Membership shall be upon a majority vote of 15 the Board of Directors present at a full Board meeting where 16 such motion for termination of membership is presented. A 17 city's termination of membership shall become effective no 18 later than sixty (60) days after the date such motion is 19 passed, but in no event shall membership extend beyond the 20 I last day of coverage in the current Authority #nauranee 21 eeverege-program in which said City is a participant. 22 23 2) For purposes of this section, Membership in the 24 Authority consists of a Member City's right to have a 25 representative on the Board of Directors and to vote on Board matters, and the right to participate or receive coverage in any Joint Protection Program, self-insured 28 retention or excess insurance program, and to utilize any 29 Authority services or programs . 30 31 3) The Authority shall notify a City in writing of its 32 intent to vote on a motion for Termination of Membership of 33 the City at least 30 days before the meeting at which the 34 motion is to be voted upon. The notification shall include 35 reasons for the proposed Termination of Membership. The 36 affected City has the right to be represented at the meeting 37 where the motion for Termination of Membership is to be 38 voted upon and will be provided an opportunity to address 39 the Board members present if they so choose. 40 41 42 ARTICLE 21 43 44 Cancellation of coverage 45 46 a) The Authority shall have the right to cancel any Member 47 City's participation in any 4:n5uranee-coverage program offered by or 48 through the Authority. The terms of such cancellation of coverage 49 will be specified in each of the coverage documents for the 50 Authority's various programs, except that excess coverage in any 51 program shall automatically cancel effective the date of cancellation of its self-insured coverage. Further coverage in all Authority s, programs shall cease effective the date of Member city's voluntary 54 withdrawal of membership from the Authority. WCIA Interlocal Agreement October 1, 1991 Page 15 b) The Authority may cancel any Member City's participation in 3 any insurenee-coverage program offered by or through the Authority 4 without termination of the Member City's membership in the Authority. 5 However, any City whose Membership in the Authority has been 6 terminated pursuant to Article 20 (B) shall automatically be canceled 7 from participation in all insureenee-coverage programs offered by or 8 through the Authority as of the effective date of termination of 9 membership. 10 11 12 ARTICLE 22 13 14 Effect of Withdrawal 15 16 (a) The withdrawal of any City from this Agreement shall not 17 terminate the same and no City by withdrawing shall be entitled to 18 payment or return of any premi-unassessment, consideration of property 19 paid, or donated by the City to the Authority, or to any distribution 20 of assets. 21 22 (b) The withdrawal of any City after the effective date of the 23 Joint Protection Program shall not terminate its responsibility to 24 ( contribute its share of premium-ter--funds to any fund or inanranee 25 program created by the Authority until all claims, or other unpaid �6 liabilities, covering the period the City was signatory hereto have been finally resolved and a determination of the final amount of 28 payments due by the City or credits to the City for the period of its 29 membership has been made by the Board of Directors. In connection 30 with this determination, the Board may exercise similar powers to 31 those provided for in Article 23 (c) of this Agreement. 32 33 34 ARTICLE 23 35 36 Termination and Distribution 37 38 (a) This Agreement may be terminated any time during the first 39 three noncancelable years by the written consent of all Member Cities, 40 and thereafter by the written consent of three-fourths of the Member 41 Cities; provided, however, that this Agreement and the Authority 42 shall continue to exist for the purpose of disposing of all claims, 43 distribution of assets and all other functions necessary to wind up 44 the affairs of the Authority. WCIA Interlocal Agreement October 1, 1991 Page 16 (b) Upon termination of this Agreement, all assets of the 3 Authority shall be distributed only among the parties that have been 4 Members of the Joint Protection Program, including any of those 5 parties which previously withdrew pursuant to Article 20 or 21 of this 6 Agreement, in accordance with and proportionate to their cash 7 (including preM3timassessment) payments and property (at market value 8 when received) contributions made during the term of this Agreement. 9 The Board shall determine such distribution within six months after 10 the last pending claim or loss covered by this Agreement has been 11 finally disposed of. 12 13 (c) The Board is vested with all powers of the Authority for the 14 purpose of winding up and dissolving the business affairs of the 15 Authority. These powers shall include the power to require Member 16 Cities, including those which were Member Cities at the time the claim 17 arose or at the time the loss was incurred, to pay their share of any 18 additional amount of preMittmassessment deemed necessary by the Board 19 for final disposition of all claims and losses covered by this 20 Agreement. A City's share of such additional prem3amassessment shall 21 be determined on the same basis as that provided for annual 22 preminmsassessments in Article 13 (d) and (e) of this Agreement, and 23 shall be treated as if it were the next year's annual 24 premiumassessment for that City, subject to the limits described in 25 Article 13 (h) of this Agreement. 28 ARTICLE 24 29 30 Provisions for By-Laws and Manual 31 32 As soon as practicable after the first meeting of the Board of 33 Directors, and within the first twelve months of the Authority's 34 existence, the Board shall cause to be developed Authority By-Laws and 35 a policy and procedure manual to govern the day-to-day operations of 36 the Authority. Each Member City shall receive a copy of any By-Laws, 37 policy statement or manual developed under this Article. 38 39 40 ARTICLE 25 41 42 Notices 43 44 Notices to Member Cities hereunder shall be sufficient if mailed 45 to the office of the City Clerk of the respective Member City. WCIA Interlocal Agreement October 1, 1991 Page 17 3 ARTICLE 26 4 5 Amendment 6 7 This Agreement may amended at any time by the written approval 8 of two-thirds of all City Councils or Commissions of Cities signatory 9 to it, or by an amendment adopted in the manner provided for in the 10 By-Laws. 11 12 13 ARTICLE 27 14 15 Prohibition Against Assignment 16 17 No City may assign any right, claim or in it may have under 18 this Agreement, and no , creditor, assignee or third party beneficiary 19 of any City shall have any right, claim or title to any part, share, 20 interest, fund, pre7n4:unassessment or asset of the Authority. 21 22 23 ARTICLE 28 24 25 Agreement Complete 26 The foregoing constitutes the full and complete Agreement to the 48 parties. There are no oral understandings or agreements not set forth 29 in writing herein. 30 31 IN WITNESS WHEREOF, the parties hereto have executed this 32 Agreement by Authorized officials thereof on the date indicated in the 33 appropriate Appendix. 34 RESOLUTION NO . A RESOLUTION of the City Council of the City of Kent, Washington, approving amendments to the interlocal Agreement creating the Washington Cities Insurance Authority. WHEREAS, under the authority of Chapter 39 . 34 Revised Code of Washington, public agencies, including municipalities in the State of Washington, are authorized to enter into interlocal agreements to jointly exercise their powers; and WHEREAS, by such an interlocal agreement (the "Agreement") , the Washington Cities Insurance Authority ("WCIA") was formed and has been a functioning and operating organization for the past ten years; and WHEREAS, the City of Kent has been and currently is a member of WCIA; and WHEREAS, WCIA membership has grown to include approximately seventy Washington cities; and WHEREAS, Article 26 of the Agreement allows amendment of the Agreement only by unanimous approval of all member cities; and WHEREAS, it is now in the best interest of the City of Kent and WCIA that Article 26 of the Agreement be amended so that, in the future, additional amendments to the Agreement can be adopted by a two-thirds, rather than unanimous, vote of all member cities; and _. 1 WHEREAS, other minor amendments to the Agreement are also necessary to conform with current statutory language, to clarify the Agreement's intent, and to conform with current industry standards regarding insurance matters. NOW, THEREFORE, The City Council of the City of Kent, Washington, does hereby resolve as follows: Section 1. The attached proposed changes to the WCIA Interlocal Agreement, which are attached hereto as Exhibit A and incorporated herein by this reference are hereby approved and adopted. Section 2 . WCIA is further approved to present these same amendments to each other member city council for ratification and approval . Passed at a regular meeting of the City Council of the City of Kent, Washington, this day of , 1992 • Concurred in by the Mayor of the City of Kent, this day of , 1992 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 2 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, on the day of 1992 • (SEAL) CITY CLERK WCIAMEND.WPF 3 V *J Kent City Council Meeting Date August 18 . 1992 Category Consent Calendar 1. SUBJECT: DRUG-FREE ZONES 2 . SUMMARY STATEMENT: Adoption of Ordinance 30(a establishing drug-free zones depicting the locations and boundaries of the area of one thousand feet of Kent School District schools and/or school bus route stops and facilities for the purpose of enhanced penalties for crimes involving the manufacture, sale or delivery of controlled substances. 3 . EXHIBITS: Ordinance, attached maps and resolution of Kent School District 4 . RECOMMENDED BY: Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended_ C Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: - Council Agenda Item No. 3HiA i ORDINANCE NO. I AN ORDINANCE of the City of Kent, I! Washington, establishing drug-free zones; depicting. the locations and boundaries of the area on or within one thousand feet of schools and/or school bus route stops for the purpose of enhanced penalties under state law for crimes involving the manufacture, sale, or delivery of controlled substances. WHEREAS, RCW 69 . 50 . 435 authorizes enhanced fines and imprisonment for crimes involving manufacturing, sale and ;'' delivery of controlled substances which occurs within established , drug-free zones ; and WHEREAS, RCW 69 . 50 . 435 further authorizes ;; municipalities to approve by ordinance or resolution maps ( designating drug-free zones for schools and school bus route I; zones ; and WHEREAS, grave social harms that result from drug '' dealing are significantly aggravated when drug dealing occurs in !'. or near places frequented by children who are vulnerable to the i activities of drug dealing and resulting crimes of violence; and WHEREAS , it is deemed to be in the public ' s interest to : establish zones in areas upon and surrounding schools and school i' bus route stops and to give public notice that such locations, as designated, shall be considered drug-free zones ; and i II I i ij I WHEREAS, Kent School District No. 415 has submitted to the City of Kent its Resolution No. 774 , adopted May 27 , 19921 establishing each of its school and work sites as official drug i free zones ; NOW, THEREFORE, j I; THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES ! HEREBY ORDAIN AS FOLLOWS: �j Section 1 . Drua-Free Zones. Pursuant to RCW 69 . 50 . 435 , there are hereby established within the City of Kent, drug-free zones for enhanced criminal penalties for crimes 1. jinvolving the manufacture, sale or delivery of controlled i substances committed within said zones in areas upon surrounding !' schools and/or bus stops . Exhibit A attached hereto and incorporated by reference is hereby approved as the official ilocations and record of the locations and boundaries of the areas i' on or within one thousand feet of the school sites of the Kent !; School District. The map(s) set forth in Exhibit A are reduced !1 Ii copies of maps on file with the City Clerk which shall remain on file with the City Clerk and maintained as an official record . li ',; available for public inspection. n t j Section 2 . Sever ability. Should any section, ! subsection, paragraph, sentence, clause or phrase of this ;; ordinance, or its application to any person or circumstances be I (! declared unconstitutional or invalid for any reason, such 11 ! decision shall not affect the validity of the remainder of this ; ordinance or its applicability to other persons or circumstances. I I I i 2 I I I I I I 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. i DAN KELLEHER, MAYOR j ATTEST: I' Ii I� ', BRENDA JACOBER, DEPUTY CITY CLERK ii ,! APPROVED AS TO FORM: ;; ROGER A. LUBOVICH, CITY ATTORNEY I 1. I PASSED the day of 1992 • !; APPROVED the day of 1992 . 1PUBLISHED 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. ,I (SEAL) BRENDA JACOBER, CITY CLERK I; I Ii drugfree.ord j ll 3 �I I+1 i iI� �e©� ►,,�I�i i�it�� �!1��", �� -- IF, • '��� �',I1LJ I{I���{'Y I{I� 1 ,5. I - ���� Will_ 44 ■■p .- 1 t' if 41i &f � n /� a� ]i 11 1 r' :��IIIIIII � ������ ,} p -3 a I ,•N 1 a.L.IIIIIIR, vL al:. ��"i��'_.�tiU i ■f s�i � _ "1'�V�iB ��r� � c r.t Invul � �'il 1r - /� ] IIl La I sag dIL �A 1 • ua i,lt! Y.LI I la a Ali �771 l u -1 or Rim nr (p+ n T�n6 {nlc ur.A n • � r � �' l \ , C 4NI1—k LAIM • - 1 u � Ir�i� 1 -� YLLLF' 7 �� , 'Ell WK 1 I �� I•Q r -�'�''�"� ��°j:y...o��■rid''Pe as ` -;,{al���a�Ca:anC�es�� �� w �• �`�,a;,ub�� Ljy� r' Jyy II7ra i w -s d_i! I a I S1� 3! 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MURMLMURMM 11 4444 3a ��fj� Mw,A f'�` A• 3 d� n � o ion ._..�.,.�w KENT SCHOOL DISTRICT Kent, WA 98031 RESOLUTION NO. 774 WHEREAS, the Board of Directors of the Kent School District is aware of and supports King County Ordinance 10154 as a means of establishing Drug Free Zones around the county, and WHEREAS, the establishment of Drug Free Zones in the Kent School District requires board action and that action would be supportive of the district's desire to provide a safe and healthy environment for students and would discourage, if not impede, potential impermissible drug activity from occurring on or near campuses, and WHEREAS, the establishment of Drug Free Zones surrounding the district's various school campuses would be consistent with the district's drug awareness and education programs and policies governing student conduct, and WHEREAS, cooperation with King County and the three municipalities of Kent, Sea-Tac and Renton and law enforcement agencies is also essential to properly address the issues raised by drug usage and abuse. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Kent School District No. 415, by this resolution, establishes each of its school and work sites as official Drug Free Zones as that concept is understood in the King County Ordinance 10154 and requests that such schools and work sites be mapped pursuant to RCW 69.50.453, and BE IT FURTHER RESOLVED, that the Superintendent through staff will actively engage the district's participation in King County's Drug Free Program. ADOPTED at a special, open public meeting of the Board of Directors held on May 27, I992. KENT SCHOOL DISTRICT NO. 415 BOARD OF DIRECTORS . irect Director�-�✓--J,�J Directo � Director Director ATTEST: Dr. George T. Daniel Secretary to the Board � rl Kent City Council Meeting Date August 18 , 1992 Category Consent Calendar V 1. SUBJECT: PARKING PENALTIES 2 . SUMMARY STATEMENT: Adoption of Ordinance ' oO" relating to parking infraction penalties. Currently we have parking citations that are $100 and $25 but get reduced to $25 and $10 respectively, if a mitigation hearing is not requested. This requires writing purchase orders to refund money when citizens overpay. When the additional cost of this is added to a system that already costs the City $16. 35 per citation to write and process, the City receives $10 in revenue. When they go to court, the cost is $23 . 00. The ordinance establishes the $100-$25 fine to a flat $25 and the $25-$10 fine to a flat $20. 00 plus all other $10 fines are raised to $20. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended_ Not Recommended 6. EXPENDITURE REOUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Age da Item No. 3I1X i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to parking infraction penalties, amending Kent City Code 10. 06. 100, 10 . 06 . 170 , 10 . 06 . 190, 10 . 06. 210, and 10 . 06. 090 . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Kent City Code 10 . 06. 100 is amended as follows: 10 . 06 . 100 . TRAILER OR SEMI-TRAILER PARKING. A. Except as provided in Kent City Code 10 . 06. 090 no ;; trailer or semi-trailer shall be parked upon any City street unless the trailer or semi-trailer is attached to a vehicle by ;. which it may be propelled or drawn; provided, that in case of ;: accident such trailer or semi-trailer may be moved to the side of ;. the street ; and, if a good and sufficient red signal be displayed lat both ends thereof during the hours of darkness, such trailer :! or semi-trailer may be permitted or allowed to remain for a !, period not exceeding twenty-four hours of pending removal except :' that such trailer or semi-trailer shall not remain upon any portion of a City street where standing or parking is limited or d prohibited for a period longer than is necessary to effect its I ; removal . i I B. Penalty.. Any violation of KCC 10 . 06. 100 (A) shall be an i i� infraction and punishable by a monetary penalty of not more than i (vne hii"'zR?'e-c't--de-llarS-`—provided hewever, thatfer ant-r � requesting a fftitigatien hearing �j � i i -L. i a e—twenty �� twenty-five� ��s ) ) ($25. 00) dollars. Vehicles in violation are also subject to impoundment as provided i by law. Section 2 . Kent City Code 10. 06 . 170 is amended as follows: I j 10. 06 . 170 . PENALTY FOR VIOLATION OF SECTIONS 10. 06 . 120 j10. 06 . 140 10 . 06. 150 10. 06 . 160 10 06 . 230 AND 10 . 06 . 240. Any ,I ,, violation of Sections 10. 06 . 120, 10 . 06. 1401 10 . 06 . 150, 10. 06. 160, 1i10 . 06. 230 and 10 . 06 . 240 shall be an infraction and punishable by a monetary penalty of not more than ( (twenty five a� '�ar-T 11 } e ri.ny eentested hearing e�• any—v iela Cienunder Seetiens —F� i „ �aQ, }Q Ati :o, 18 96 199, l9 06 236 and l8 96 248 e€ this Fhapter,tire—penalty—shalt—he ten d " ) ) twenty ($20 . 00) dollars. j! Section 3 . Kent City Code 10 . 06 . 190 is amended as follows: i; 10 . 06 . 190. PARKING RESERVED FOR PHYSICALLY DISABLED-- ' PENALTY FOR VIOLATION. :i A. It is a traffic infraction for any person to park a !, vehicle in a parking place reserved for physically disabled ; persons pursuant to Chapter R. C.W. 70 . 92 , or authority implemented provided in R. C.W. 46 . 16 . 381, as amended. This �Iprovision shall be enforceable on private property open to the general public as well as on streets and government owned 1property. A person charged with a violation shall not be �Idetermined to have committed and infraction if he or she produces iin court or prior to the court appearance a special license plate, special card, or special decal required by R.C.W. 2 i Il i i 46. 16 . 381 or demonstrates he or she was entitled to the same at the time of being ticketed. B. Penalty. Any violation of 10 . 06 . ( (23 (A) ) ) 190 shall be an infraction and punishable by a monetary penalty of not more than ( (-P;qP- a^" a . ) ) twenty-five ($25. 00) dollars. The ed reeefamended bail fer sueh a vielatien shall be that bail appr-AAFPF3 I ; Vehicles in violation are also subject to impoundment as provided H by law. Section 4 . Kent City Code 10 . 06 . 210 is amended as follows: is 10 . 06 . 210 . PENALTY FOR SECTIONS 10. 06. 010 AND 10. 06. 130. ,! Any violation of Sections 10 . 06 . 010 and 10. 06 . 130 shall be an ' infraction and punishable by a monetary penalty of not more than ( ( ) ) twenty ($20 . 00) dollars . ( (previded, ij er eentested hearing, the penalty shall b _ ( (ten i Section 5. Kent City Code 10 . 06 . 090 is amended as follows: i �i A. Parking and Storage of Vehicles. No commercial truck, ivehicle, van, trailer, or semi-trailer, whether license or unlicensed, exceeding 8 , 000 pounds as defined in R. C.W. 1i46. 44 . 036, 46 . 44 . 037 , or 46 . 44 . 041 may be stored or parked upon " any City street for longer than two hours, except for those periods of time when such vehicle is being loaded or unloaded or ijwhere parking or storage is otherwise prohibited. B. Penalty. Any violation of Kent City Code 10. 06. 090 (A) shall be an infraction and punishable by a monetary penalty not more than twenty-five ($25 . 00) dollars . ( (p=cam— i 3 ii I hewever, that fer et requesting faitigatienhearingI. a eentested hearing, the enal' ' l be $2S ) ) Vehicles in violation are also subject to impoundment as provided by law. Section 6. Effective Date. This ordinance shall take i ! effect and be in force thirty (30) days from the time of its I final approval and passage as provided by law. DAN KELLEHER, MAYOR ATTEST: IBRENDA JACOBER, DEPUTY CITY CLERK ' APPROVED AS TO FORM: ' ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1992 . APPROVED the day of 1992 • / PUBLISHED the day of 1992 . I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the ! City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK Parking.ord I! ! 4 ii I N Kent City Council Meeting Date August 18 , 1992 Category Consent Calendar 1. SUBJECT: PARKING CITATION COLLECTION CONTRACT 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign a contract with Renton Collection Services to provide collection services on unpaid parking citations. Request6for proposals were received from two collection agencies) Puget Sound Collections and Renton Collections. Both offered to provide services that would charge the individual who 4 r�ceived the parking citation a fee. Puget Sound Collection �` a 35% fee and Renton Collection offered a 30% fee. Renton Collections is the recommended vendor and `we selected because of their experience with other municipalities. They Ocl& highly recommended by the Citi''of SeaTac, Renton and Black Diamond. This is a no cost item to the city. 3 . EXHIBITS: Memo, summary from Customer Services Manager 4 . RECOMMENDED BY: Operations Committee (3-0 unanimous) (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. 3J +K MEMO DATE: July 21, 1992 TO: Operations Committee FROM: Charlie Lindsey CC: Executive Committee SUBJECT: Analysis of Collection Services In January of 1991 we began using Transworld Systems as our collection agency to help collect some of our old miscellaneous accounts receiv- able. We have purchased 200 accounts for $1, 690 and the following is an analysis of our success. Status #of Accounts % amounts % Paid infull/partial 61 47 $ 16, 614 . 46 17 Suspended no action 20 16 28, 897 . 67 29 Completed/Skip Mail 35 27 13 , 526.79 13 Still active 13 10 40,765. 72 41 Total Submitted 129 100 $ 99, 804 . 64 100 Unused accounts 71 Total Purchased 200 $ 1, 690. 00 When we brought our 1991 writeoff proposal to the Operation Committee it was suggested that we place more emphasis on collections of parking citations. This would not be cost effective if we paid $8 . 45 per account to collect $10 and $25 tickets. Recently we were approached by another collection agency that is willing to pursue collection of these small amounts at no cost to the City by charging their 30% fee to the customer. To verify this we solicited quotes and received 2 similar proposals with the only diff- ernce being the fee charged and the amount of municipal experience. We currently have 753 unpaid parking cites older than 30 days totaling to $15, 080. We think that we can bring in a substantial portion of this revenue without any additional expenditure. MEMORANDUM TO: DAN KELLEHER, MAYOR JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: CHRISTI HOUSER, CITY COUNCIL MEMBER DATE: AUGUST 18, 1992 SUBJECT: CITY COUNCIL EXCUSED ABSENCE an excused absence from the August 18, 1992 City Council meeting since r,Wkwill be out of town that day. Thank yodi for your consideration. CH�*b Kent City Council Meeting Date August 18 . 1992 Category Other Business 1. SUBJECT: DELETION OF VACANT POSITIONS 2 . SUMMARY STATEMENT: As requested by the City Council at their meeting of July 21, 1992, three ordinances have been prepared for consideration. A. This ordinance would delete all 52 . 25 vacant citywide positions and associated salary credits that appear in the 1992 budget. These positions deleted would not include recent layoffs but include 16. 0 1991 positions that were never filled plus 36 .25 positions that were vacated in 1991 and 1992 by July 31, 1992 and not replaced. B. Optional Consideration 1. This ordinance would delete ONLY the 36.75 general fund, vacant through 7-31-92 , positions and would not include the recent layoffs; and or 2 . This ordinance would delete ONLY the 15 . 5 non-general fund, vacant through 7-31-92 , positions and would not include the recent layoffs. 3 . EXHIBITS: Ordinances and list of positions to be deleted 4 . RECOMMENDED BY: City Council--to be revie d by the operations Committee on 8/18/92 — Ca.-VVckU-d :6-f (3 (Committee, Staff, Examiner, Commission, tc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ) __ FISCAL/PERSONNEL NOTE: Recommended Nc t 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS• �, r )� ;�{,r� 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds the adoption of Ordinance deleting the vacant City positions and the associated salary credits. DISCUSSION• ACTION: Council Agenda Item No. 4A,)( MILLER,MAYENE / KENT70/FN - HPDesk print. ----------------------------------------- Sect: DELETION OF VACANT POSITIONS Creator: Mayene MILLER / KENT70/FN Dated: 08/13/92 at 1233 . DATE: AUGUST 13, 1992 TO: ALL CITY COUNCILMEMBERS FROM: TONY MCCARTHY, FINANCE DIRECTOR SUBJECT: DELETION OF VACANT POSITIONS AT THE REQUEST OF COUNCIL AT THE JULY 21, 1992 MEETING, AN ORDINANCE HAS BEEN PREPARED TO DELETE 52 . 25 CITY-WIDE VACANT POSITIONS AND THE ASSOCIATED SALARY CREDITS THAT APPEAR IN THE 1992 BUDGET. THE POSITIONS DELETED DO NOT INCLUDE THE RECENT LAYOFFS BUT INCLUDES THE 16 POSITIONS THAT WERE NEVER FILLED PLUS THE 36. 25 THAT WERE VACATED IN 1991 AND 1992 BY 7/31/92 AND NOT REPLACED. AS AN OPTION TWO SEPERATE ORDINANCES WERE PREPARED, ONE TO DELETE JUST THE 36.75 GENERAL FUND POSITIONS AND A SEPARATE ONE FOR THE 15. 5 NON-GENERAL FUND POSITIONS. THE ORDINANCE SEPERATING THE FUNDS WAS PREPARED AFTER RECEIVING REQUESTS FROM DEPARTMENTS NOTING POSSIBLE OPERATIONAL PROBLEMS IF POSITIONS WERE NOT FILLED IN NON-GENERAL FUND DEPARTMENTS, ESPECIALLY THE WATER AND SEWER FUND. FURTHER EVALUATION NEEDS TO BE MADE ON A CASE-BY-CASE BASIS FOR THE NON-GENERAL FUND VACANCIES. ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending the 1992 Budget as adopted by Ordinance No. 3011 to delete 52 .25 Vacant Positions and Delete Salary Credits. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The 1992 Budget of the City of Kent as passed by Ordinance 3011 is hereby amended by deleting positions and making certain budgetary adjustments as follows: POSITIONS BUDGET FUND/DEPARTMENT DELETED ADJUSTMENTS GENERAL FUND ADMINISTRATION 1. 5 (78, 312) CITY CLERK 0. 5 (20,404) HUMAN RESOURCES 1. 0 (40, 576) LAW 2 . 0 (37, 300) FINANCE 2 . 0 (40f776) PLANNING 1. 0 (29, 820) POLICE 8 . 5 47, 185 FIRE 10. 0 (64 , 545) PUBLIC WORKS 7 . 5 (186, 060) PARKS 2 .75 (7 , 886) GENERAL FUND TOTAL 36. 75 458 ,4941 STREET FUND PUBLIC WORKS 1. 0 (46, 903) CRIMINAL JUSTICE FUND , POLICE 2 . 0 (43 , 154) ENVIRONMENTAL FUND PUBLIC WORKS 13 , 594 WATER FUND PUBLIC WORKS 2 . 0 79 , 677 1 SEWER FUND PUBLIC WORKS 3 . 0 (16,230) GOLF FUND PARKS 1. 0 (33 , 829) EQUIPMENT RENTAL PUBLIC WORKS 1. 0 (24) CENTRAL SERVICES FINANCE 2 . 5 (44, 640) INFORMATION SERVICES 2 . 5 (100, 318) TOTAL CENTRAL SERVICES FUND 5 (144 , 958) UTILITY CLEARING FUND FINANCE 0. 5 27, 529 PUBLIC WORKS 12 , 528 TOTAL UTILITY CLEARING 0. 5 40 , 057 GRAND TOTAL 52 . 25 (610 , 264) Section 2 . Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 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. BRENDA JACOBER, CITY CLERK(SEAL) BU��.M 3 ORDINANCE TO DELETE VACANT POSITIONS IN THE 1992 BUDGET FUND SALARY DELETED POSITIONS BUDGET DEPARTMENT CREDIT NUMBER AMOUNT ADJUSTMENT GENERAL FUND ADMINISTRATION 1.5 78, 312 (781312 CITY CLERK 0.5 20, 404 (20,404 HUMAN RESOURCES 1. 0 40, 576 40, 576 LAW 46, 746 2 . 0 84, 046 (37, 300) FINANCE 35,765 2 . 0 76, 541 40,776 PLANNING 23 , 036 1. 0 52 , 856 �291820 POLICE 395, 500 8 . 5 348, 315 47, 185 FIRE 395, 203 10. 0 459,748 (64, 545 PUBLIC WORKS 148, 989 7 . 5 335, 049 (186, 060 PARKS 77, 343 2 . 75 85, 229 (7 , 886) GENERAL FUND TOTAL 1, 122 , 582 36.75 1, 581, 076 (458, 494) STREET FUND PUBLIC WORKS 51809 1. 0 52 , 712 (46, 903) CRIMINAL JUSTICE FUND POLICE 24 , 809 2 . 0 67 , 963 (43 , 154) ENVIRONMENTAL FUND PUBLIC WORKS 13 , 594 0. 0 0 13 , 594 WATER FUND PUBLIC WORKS 138, 147 2 . 0 58, 470 79, 677 SEWER FUND PUBLIC WORKS 56, 253 3 . 0 72 , 483 (16, 230) GOLF FUND PARKS 15, 420 1. 0 49 , 249 (33 , 829) EQUIPMENT RENTAL PUBLIC WORKS 21, 802 1. 0 21, 826 (24) CENTRAL SERVICES FINANCE 44 , 804 2 . 5 89 , 444 (44, 640) INFORMATION SERVICES 9 , 857 2 . 5 110, 175 (100, 318) TOTAL CENTRAL SERVICES FUND 54 , 661 5. 0 199, 619 (144 , 958) UTILITY CLEARING FUND FINANCE 48, 276 0. 5 20, 747 27 , 529 PUBLIC WORKS 12 , 528 12 , 528 TOTAL UTILITY CLEARING 60, 804 0. 5 20, 747 40, 057 TOTAL ALL FUNDS 11513 , 881 52 . 25 2 , 124 , 145 (610, 264) C: \USERS\LAURIE\DELPOS.WQ! 13-Aug-92 GENERAL FUND VACANT POSITION ANALYSIS 1992 EST ACT 1993 SALARY & SALARY & BUDGETED EXCESS SALARY & BENEFIT BENEFIT VACANCY VACANCY BENEFIT DEPARTMENT POSITION TITLE POSITIONS BUDGET SAVINGS SAVINGS SAVINGS BUDGET POSITIONS NEW IN 1991 BUDGET AND CURRENTLY VACANT CITY CLERK ADMINISTRATIVE ASSISTANT I 0.50 20,404 20,404 20,407 FIRE LIEUTENANT 1.00 57,559 57,559 57,494 2.00 84,810 84,810 80,562 FIRE FIREFIGHTER LAW ASSISTANT CITY ATTORNEY 1.00 46,172 46,172 53,403 921 PARKS COMMONS CUSTODIAN 1.00 20,576 40,576 40,552 HUMAN RESOURCES ADMINISTRATIVE ASST 11 1.00 44,219 44,219 40,197 POLICE SYSTEMS COORDINATOR 1.00 37,637 37,637 37,612 PUBLIC WORKS ENGINEER TECH 1 1.00 37,181 37,181 46,714 PUBLIC WORKS CHIEF INSPECTOR 1.50 18,911 18,911 18,911 PUBLIC WORKS OFFICE TECHNICAN II 1.00 18,911 18,911 43,911 PUBLIC WORKS INSPECTOR-WATER/SEWER 1.00 44,165 44,165 43,697 TOTAL POSITIONS NEW IN 1991 BUDGET AND CURRENTLY VACANT 10.50 462,460 462,460 464,470 POSITIONS VACATED IN 1991 FINANCE FINANCE TECHNICIAN (MERTES) 1.00 39,235 39,235 40,552 POLICE RECORDS SPECIALIST (JARDINE) 1.00 28,677 28,677 30,595 POLICE PATROL OFFICER (EMERSON TO CRIM JUST) 1.00 41,452 41,452 41,648 POLICE PATROL OFFICER (STEVEN KELLY TO CRIM JUST) 1.00 41,452 41,452 41,648 POLICE PATROL OFFICER (JAMES MILLER TO CRIM JUST) 1.00 41,452 41,452 41,648 POLICE PATROL OFFICER (BOURNE TO CRIM JUST) 1.00 41,452 41,452 41,648 FIRE FIRE LIEUTENANT (CARROLL) 1.00 57,559 57,559 57,494 FIRE FIRE FIGHTER (BASTA) 1.00 42,405 42,405 40,281 FIRE FIRE FIGHTER (TILLEY) 1.00 42,405 42,405 40,281 FIRE FIRE BATTALION CHIEF (ORNDORFF) 1.00 57,964 57,964 63,07 FIRE BUILDING INSPECTOR (KORTH) 1.00 46,330 46,330 45,25,.. FIRE SUPPORT SVCS MGR (HOFFMAN-GROSS) 1.00 47,079 47,079 45,232 PUBLIC WORKS ENGR TECH II 1.00 49,321 49,321 41,520 PUBLIC WORKS ENGINEER II (BRAKE) 1.00 52,712 52,712 52,644 PUBLIC WORKS ENGR TRANS (VACANT SINCE 1990) 1.00 52,712 52,712 52,694 PARKS MW2 (ALCONCEL TO WATER) 1.00 31,661 31,661 33,521 TOTAL POSITIONS VACATED DURING 1991 OR BEFORE 16.00 713,868 713,868 709,831 TOTAL GENERAL FUND VACANCIES @ 12/31/91 26.50 1,176,328 1,176,328 1,122,582 53,746 1,174,301 CURRENT POSITIONS VACATED IN 1992 ADMIN PUBLIC INFO COOR (CASTILLO) 1/14 0.50 33,376 32,426 30,463 ADMIN ASST CITY ADMINISTRATOR (HANSEN) 6/30 1.00 88,615 45,886 86,494 LAW ASSISTANT CITY ATTORNEY (VANNEMAN) 5/15 1.00 59,287 37,874 53,403 FINANCE BUDGET ANALYST (SHEA) 4/30 1.00 49,930 37,306 43,314 PLANNING SR PLANNER (ANDERSON) 1/15 1.00 54,644 52,856 51,512 POLICE PROGRAM ASSISTANT - KDDTF (SCHORRAN) 0.50 25,011 25,011 23,316 POLICE PATROL OFFICER (PEARCE) 1/4 1.00 51,915 51,033 4 , 93 POLICE FROG COORD KDDTF (ANDERSON) 5/13 1.00 49,950 33,567 46,193 FIRE BUILDING & GRDS MTC (STRECKER) 6/24 1.00 35,517 23,637 35,015 PUBLIC WORKS ENG TECH III (ANDERSON) 5/15 1.00 50,529 32,410 44,732 PARKS YOUTH AT RISK COORDINATOR 0.25 10,740 10,740 10,740 PARKS ADMIN SEC I (BREWER) 5/15 1.00 37,105 22,002 34,448 TOTAL GENERAL FUND VACANCIES a 8/15/92 36.75 1,722,947 1,581,076 1,122,582 458,494 1,675,579 C:\USERS\WKS\91POS8.WQ! 13-AUg-92 NON GENERAL FUND VACANT POSITION ANALYSIS 1992 EST ACT 1993 SALARY & SALARY & BUDGETED EXCESS SALARY & BENEFIT BENEFIT VACANCY VACANCY BENEFIT DEPARTMENT POSITION TITLE POSITIONS BUDGET SAVINGS SAVINGS SAVINGS BUDGET POSITIONS NEW IN 1991 BUDGET AND CURRENTLY VACANT CRIMINAL JUSTICE FUND 33,016 POLICE ACCT SVCS ASST 11 1.00 33,043 33,043 POLICE EVIDENCE CUSTODIAN 1.00 34,920 34,920 34,448 STREET UTILITY PUBLIC WORKS ENGINEER II 1.00 52,712 52,712 52,694 FINANCE CUSTODIAN 1 1.50 49,481 49,481 48,628 INFORMATION SERVICES PRODUCTION SVC SUPERVISOR - 1.00 48,292 48,292 48,271 TOTAL POSITIONS NEW IN 1991 BUDGET AND CURRENTLY VACANT 5.50 218,448 218,448 217,057 POSITIONS VACATED IN 1991 SEWER FUND PUBLIC WORKS UTIL SPECIALIST I (BOWERS to WTR) 6-91 1.00 33,427 33,427 33,521 GOLF FUND PARKS GOLF ASST SUPT PRO (SYZDEL) 1.00 49,249 49,249 48,838 CENTRAL SERVICES FINANCE PRINTER (LIPP) 1.00 39,963 39,963 33,051 'FOMATION SERVICES MICROCOMPUTER TECH (KNOX TO SUPR) 1.00 40,576 40,576 40,552 „-AFOMATION SERVICES WP SPCLST I (RIEG TO POLICE) 0.50 21,307 21,307 21,266 UTILITY CLEARING FINANCE METER READER II (ALCONCEL TO PARKS) 0.50 20,747 20,747 22,289 TOTAL POSITIONS VACATED DURING 1991 OR BEFORE 5.00 205,269 205,269 199,517 TOTAL NON GENERAL FUND VACANCIES a 12/31/91 10.50 423,717 423,717 391,299 32,418 416,574 CURRENT POSITIONS VACATED IN 1992 WATER FUND PUBLIC WORKS FIELD SUP. (AUSBURN TO ENG) 3/16 1.00 50,077 38,848 42,303 PUBLIC WORKS UTILITY SPECIALIST I (CIHAK) 6/16 1.00 36,911 19,622 33,521 SEWER FUND PUBLIC WORKS MTC WKR III (REED TO WTR) 4/30 1.00 39,890 26,596 36,263 PUBLIC WORKS UTILITY SPECIALIST I (CORNER) 7/31 1.00 35,670 12,460 33,521 EQUIPMENT RENTAL FUND PUBLIC WORKS MECHANIC II (GERDELMAN) 1.00 39,290 21,826 35,840 TOTAL POSITIONS VACATED DURING 1992 5.00 201,838 119,352 184,448 TOTAL NON GENERAL FUND VACANCIES a 8/15/92 15.50 625,555 543,069 391,299 151,770 601,022 GRAND TOTAL 52.25 2,348,502 2,124,145 1,513,881 610,264 2,276,601 C:\USERS\WKS\91POS8.WQ! 13-Aug-92 �1 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending the 1992 Budget as adopted by Ordinance No. 3011 to delete 36 . 75 General Fund Vacant Positions and Delete General Fund Salary Credits. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The 1992 Budget of the City of Kent as passed by Ordinance 3011 is hereby amended by deleting positions and making certain budgetary adjustments as follows: POSITIONS BUDGET FUND/DEPARTMENT DELETED ADJUSTMENTS GENERAL FUND ADMINISTRATION 1. 5 (78, 312) CITY CLERK 0. 5 (20, 404) HUMAN RESOURCES 1. 0 (40, 576) LAW 2 . 0 (37, 300) FINANCE 2 . 0 (40, 776) PLANNING 1. 0 (29, 820) POLICE 8 . 5 47 , 185 FIRE 10 . 0 (64 , 545) PUBLIC WORKS 7 . 5 (186, 060) PARKS 2 . 75 (7 , 886) TOTAL GENERAL FUND 36 . 75 458 , 494) Section 2 . Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR 4 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1992 APPROVED the day of , 1992 PUBLISHED the day of , 1992 I hereby certify that this is a true 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 eU .� 5 8 . 1 ORDINANCE TO DELETE VACANT POSITIONS IN THE 1992 BUDGET FUND SALARY DELETED POSITIONS BUDGET DEPARTMENT CREDIT NUMBER AMOUNT ADJUSTMENT -------------------------------------- -------------------- ---------- GENERAL FUND ADMINISTRATION 1 . 5 78 , 312 78 ,312 CITY CLERK 0 . 5 20 , 404 20 , 404 HUMAN RESOURCES 1 . 0 40, 576 40 , 576 LAW 46 , 746 2 . 0 84 , 046 37 , 300 FINANCE 35 , 765 2 . 0 76 , 541 40 , 776 PLANNING 23036 1 . 0 52 , 856 129 820 POLICE 395 : 500 8 . 5 348315 47 , 185 FIRE 395203 10 . 0 459 : 748 64 , 545 PUBLIC WORKS 148 : 989 7 . 5 335049 ( 86 , 060 PARKS 77 , 343 2 . 75 85 ,, 229 (7 , 886 ---------- --------- ---------- ---------- GENERAL FUND TOTAL 1 , 122 , 582 36 . 75 1 , 581 , 076 (458, 494) -- ------=--- --------- ---------- ---------- ---------- --------- -------- ---------- GENERAL FUND VACANT POSITION ANALYSIS 1992 EST ACT 1993 SALARY & SALARY & BUDGETED EXCESS SALARY & BENEFIT BENEFIT VACANCY VACANCY BENEFIT DEPARTMENT POSITION TITLE POSITIONS BUDGET SAVINGS SAVINGS SAVINGS BUDGET POSITIONS NEW IN 1991 BUDGET AND CURRENTLY VACANT CITY CLERK ADMINISTRATIVE ASSISTANT I 0.50 20,404 20,404 20,4071.00 57,559 57,559 57,494 FIRE LIEUTENANT 2.00 84,810 84,810 80,562 FIRE FIREFIGHTER 1.00 46,172 46,172 53,403 LAW ASSISTANT CITY ATTORNEY 0.50 20,826 20,826 20,921 PARKS COMMONS CUSTODIAN 1.00 40,576 40,576 40,552 HUMAN RESOURCES ADMINISTRATIVE ASST II 1.00 44,219 44,219 44.197 POLICE SYSTEMS COORDINATOR 1.00 37,637 37,637 37,612 PUBLIC WORKS ENGINEER TECH I 1.00 47,181 47,181 46,714 PUBLIC WORKS CHIEF INSPECTOR 0.50 18,911 18,911 18,911 PUBLIC WORKS OFFICE TECHNICAN II 1.00 44,165 44,165 43,697 PUBLIC WORKS INSPECTOR-WATER/SEWER TOTAL POSITIONS NEW IN 1991 BUDGET AND CURRENTLY VACANT 10.50 462,460 462,460 464,470 POSITIONS VACATED IN 1991 FINANCE FINANCE TECHNICIAN (MERTES) 1.00 39,235 39,235 40,552 POLICE RECORDS SPECIALIST (JARDINE) 1.00 28,677 28,677 30,595 POLICE PATROL OFFICER (EMERSON TO CRIM JUST) 1.00 41,452 41,452 41,648 POLICE PATROL OFFICER (STEVEN KELLY TO CRIM JUST) 1.00 41,452 41,452 41,648 POLICE PATROL OFFICER (JAMES MILLER TO CRIM JUST) 1.00 41,452 41,452 41,648 POLICE PATROL OFFICER (BOURNE TO CRIM JUST) 1.00 41,452 41,452 41,648 FIRE FIRE LIEUTENANT (CARROLL) 1.00 57,559 57,559 57,494 FIRE FIRE FIGHTER (BASTA) 1.00 42,405 42,405 40,281 FIRE FIRE FIGHTER (TILLEY) 1.00 42,405 42,405 40,281 'RE FIRE BATTALION CHIEF (ORNDORFF) 1.00 57,964 57,964 63,076 RE BUILDING INSPECTOR (KORTH) 1.00 46,330 46,330 45,299 232 "FIRE SUPPORT SVCS MGR (HOFFMAN-GROSS) 1.00 49,321 49,321 41,520 PUBLIC WORKS ENGR TECH IT 1.00 52,712 52,712 41,694 PUBLIC WORKS ENGINEER 1I (BRAKE) 1.00 52,712 52,712 52,694 PUBLIC WORKS ENGR TRANS (VACANT SINCE 1990) 1.00 52,712 52,712 52,694 PARKS MW2 (ALCONCEL TO WATER) 1.00 31,661 31,661 33,521 TOTAL POSITIONS VACATED DURING 1991 OR BEFORE 16.00 713,868 713,868 709,831 TOTAL GENERAL FUND VACANCIES a 12/31/91 26.50 1,176,328 1,176,328 1,122,582 53,746 1,174,301 CURRENT POSITIONS VACATED IN 1992 ADMIN PUBLIC INFO COOR (CASTILLO) 1/14 0.50 33,376 32,426 30,463 ADMIN ASST CITY ADMINISTRATOR (HANSEN) 6/30 1.00 88,615 45,886 86,494 403 LAW ASSISTANT CITY ATTORNEY (VANNEMAN) 5/15 1.00 59,287 37,874 43,314 FINANCE BUDGET ANALYST (SHEA) 4/30 1.00 49,930 37,306 51,52 3 PLANNING SR PLANNER (ANDERSON) 1/15 1.00 54,644 52,856 , 1 POLICE PROGRAM ASSISTANT - KDDTF (SCHORRAN) 0.50 25,011 25,011 2 ,316 POLICE PATROL OFFICER (PEARCE) 1/4 1.00 51,915 51,033 - - 41,648 POLICE FROG COORD KDDTF (ANDERSON) 5/13 1.00 49,950 33,567 46,193 FIRE BUILDING & GRDS MTC (STRECKER) 6/24 1.00 35,517 23,637 35,015 PUBLIC WORKS ENG TECH III (ANDERSON) 5/15 1.00 50,529 32,410 44,732 PARKS YOUTH AT RISK COORDINATOR 0.25 10,740 10,740 10,740 PARKS ADMIN SEC I (BREWER) 5/15 1.00 37,105 22,002 34,448 TOTAL GENERAL FUND VACANCIES a 8/15/92 36.75 1,722,947 1,581,076 1,122,582 458,494 1,675,579 C:\USERS\WKS\91POS8.W0! 13-Aug-92 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending the 1992 Budget as adopted by Ordinance No. 3011 to delete 15. 5 Non-General Fund Vacant Positions and Delete Non-General Fund Salary Credits. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The 1992 Budget of the City of Kent as passed by Ordinance 3011 is hereby amended by deleting positions and making certain budgetary adjustments as follows: POSITIONS BUDGET FUND/DEPARTMENT DELETED ADJUSTMENTS STREET FUND PUBLIC WORKS 1. 0 (46, 903) CRIMINAL JUSTICE FUND POLICE 2 . 0 (43 , 154) ENVIRONMENTAL FUND PUBLIC WORKS 13 , 594 WATER FUND PUBLIC WORKS 2 . 0 79, 677 SEWER FUND PUBLIC WORKS 3 . 0 (16,230) GOLF FUND PARKS 1. 0 (33 , 829) EQUIPMENT RENTAL PUBLIC WORKS 1. 0 (24) CENTRAL SERVICES FINANCE 2 . 5 (44, 640) INFORMATION SERVICES 2 . 5 (100 , 318) TOTAL CENTRAL SERVICES FUND 5 144 , 958) 6 UTILITY CLEARING FUND 27, 529 FINANCE 0. 5 PUBLIC WORKS 12 . 528 TOTAL UTILITY CLEARING 0. 5 40 , 057 TOTAL NON-GENERAL FUND 15 . 5 (151,770) Section 2 . Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 7 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 BUDOROCH.FIN 8 ORDINANCE ITOTDELETE VACANT POSITIONS FUND SALARY DELETED POSITIONS BUDGET DEPARTMENT CREDIT NUMBER AMOUNT ADJUSTMENT -------------------------------------- -------------------- ---------- STREET FUND PUBLIC WORKS 5 , 809 1 . 0 52 , 712 (46 , 903 ) CRIMINAL JUSTICE FUND POLICE 24 , 809 2 . 0 67 , 963 (43 , 154) ENVIRONMENTAL FUND 13 , 594 0 . 0 0 13 , 594 PUBLIC WORKS WATER FUND PUBLIC WORKS 138 , 147 2 . 0 58 , 470 79 , 677 SEWER FUND PUBLIC WORKS 56 , 253 3 . 0 72 , 483 ( 16 , 230) GOLF FUND PARKS 15 , 420 1 . 0 49 , 249 (33 , 829) EQUIPMENT RENTAL PUBLIC WORKS 21 , 802 1 . 0 21 , 826 (24) CENTRAL SERVICES FINANCE 44 , 804 2 . 5 89444 (44640 INFORMATION SERVICES 9 , 857 2 . 5 110 : 175 ( I00 : 318 ---------- --------- ---------- ---------- TOTAL CENTRAL SERVICES FUND 54 , 661 5 . 0 199 , 619 ( 144 , 958) UTILITY CLEARING FUND FINANCE 48 , 276 0 . 5 20 , 747 27 , 529_ PUBLIC WORKS 12 , 528 12 , 528 -------- ---------- ---------- TOTAL UTILITY CLEARING 60 , 804 0 . 5 20 , 747 40 , 057 TOTAL NON GENERAL FUNDS 391 , 299 15 . 50 543 , 069 ( 151 , 770) NON GENERAL FUND VACANT POSITION ANALYSIS 1992 EST ACT 1993 SALARY & SALARY & BUDGETED EXCESS SALARY & BENEFIT BENEFIT VACANCY VACANCY BENEFIT DEPARTMENT POSITION TITLE POSITIONS BUDGET SAVINGS SAVINGS SAVINGS BUDGET POSITIONS NEW IN 1991 BUDGET AND CURRENTLY VACANT CRIMINAL JUSTICE FUND POLICE ACCT SVCS ASST lI 1.00 33,043 33,043 33,016 POLICE EVIDENCE CUSTODIAN 1.00 34,920 34,920 34,448 STREET UTILITY PUBLIC WORKS ENGINEER II 1.00 52,712 52,712 52,694 FINANCE CUSTODIAN 1 1.50 49,481 49,481 48,628 INFORMATION SERVICES PRODUCTION SVC SUPERVISOR 1.00 48,292 48,292 48,271 TOTAL POSITIONS NEW IN 1991 BUDGET AND CURRENTLY VACANT 5.50 218,448 218,448 217,057 POSITIONS VACATED IN 1991 SEWER FUND PUBLIC WORKS UTIL SPECIALIST I (BOWERS to WTR) 6-91 1.00 33,427 33,427 33,521 GOLF FUND PARKS GOLF ASST SUPT PRO (SYZDEL) 1.00 49,249 49,249 4.8,838 CENTRAL SERVICES FINANCE PRINTER (LIPP) 1.00 39,963 39,963 33,051 INFOMATION SERVICES MICROCOMPUTER TECH (KNOX TO SUPR) 1.00 40,576 40,576 40,552 INFOMATION SERVICES WP SPCLST I (RIEG TO POLICE) 0.50 21,307 21,307 21,2E UTILITY CLEARING FINANCE METER READER II (ALCONCEL TO PARKS) 0.50 20,747 20,747 22,289 TOTAL POSITIONS VACATED DURING 1991 OR BEFORE 5.00 205,269 205,269 199,517 TOTAL NON GENERAL FUND VACANCIES a 12/31/91 10.50 423,717 423,717 391,299 32,418 416,574 CURRENT POSITIONS VACATED IN 1992 WATER FUND PUBLIC WORKS FIELD SUP. (AUSBURN TO ENG) 3/16 1.00 50,077 38,848 42,303 PUBLIC WORKS UTILITY SPECIALIST I (CIHAK) 6/16 1.00 36,911 19,622 33,521 SEWER FUND PUBLIC WORKS MTC WKR III (REED TO WTR) 4/30 1.00 39,890 26,596 36,263 PUBLIC WORKS UTILITY SPECIALIST I (CORNER) 7/31 1.00 35,670 12,460 33,521 EQUIPMENT RENTAL FUND PUBLIC WORKS MECHANIC II (GERDELMAN) 1.00 39,290 21,826 38,840 TOTAL POSITIONS VACATED DURING 1992 5.00 201,838 119,352 184,448 TOTAL NON GENERAL FUND VACANCIES a 8/15/92 15.50 625,555 543,069 391,299 151,770 601,022 Kent City Council Meeting Date August 18 . 1992 N �N Category Other Business 1. SUBJECT: WEST HILL ISLAND ANNEXATION 2 . SUMMARY STATEMENT: The attached ordinance would annex an area of unincorporated King County to the City of Kent, known as the West Hill Island. This ordinance replaces Ordinance 3049 which annexed the same area which was repealed by Ordinance 3060 due to non-compliance with SEPA. A public hearing on the West Hill Island annexation was held on July 7, 1992 . 3 . EXHIBITS: Memo dated 7-1-92 with attachments, maps, ordinance, and legal description 4 . RECOMMENDED BY: Planning Committee/Staff (3-0 unanimous) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended_ Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: i c� Councilmember ;-1i1 /" moves, Councilmember seconds to adopt Ordinance � annexing the West Hill Island, subject to the City' s existing indebtedness and to the zoning requirements of the Kent City Code. DISCUSSION: ACTION• Council Agenda Item No. 4B'X CITY OF ��ZSV� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 s�ra><oaa� MEMORANDUM July 1, 1992 TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS —::sOM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: PROPOSAL TO ANNEX THE WEST HILL ISLAND The West Hill Island area, which consists of approximately 90 acres and approximately 144. registered voters, is a high priority for annexation on the Council ' s 1991-92 Target Issues. The Annexation Committee twice in 1991 conducted informational meetings at the West Hill fire station to inform citizens who live in the Island area about Kent. Resolution 1316 set Tuesday, July 7 , as the date for a public hearing to consider annexing the Island. Resolution 1150 adopted on October 61 1987 listed a number of annexation policies, one of which was that a fiscal impact analysis shall be performed for each annexation. The Finance Department has done the analysis for the Island and finds that there may be a $39 , 282 dollar annual net loss to the city ' s general fund with this annexation (see attached analysis) . This is not surprising since purely residential annexations rarely have a positive -financial impact. The impact analysis indicates as much as a $65, 115 dollar expenditure for the Police Department in the Island area. This figure is misleading since common since tells one that the Police Department is not going to spend $65, 115 dollars per year in a part of the City with only 90 acres, 200+- persons, and a low crime rate profile. These fiscal impact figures must be weighed against reality. In fact, the annexation of the West Hill Island may cost the City very little if any additional dollars. After all, the area will generate $62 , 043 dollars in revenue. It is my position that this area will probably break even. Also attached to this memo is a chronological order of events for the Island annexation. JPH/slc: island. 2 Attachments �R _ a MIONAJ' INTERCHRNGE �r F99CF9 . s 61 E ---= -� - - S 242NO -T --- S 243RD Q _ cr N,9SMINGTON Ln N197.1 19Z m GUfIRD �� f1.9MOf�r y L IM99 0 SUNNJCHEST HEIGHTS EL EN. SCHOOL WEST HILL AREA UNDER CONSIDERATION FOR SCALE: I- ANNEXATION TO THE CITY OF K ENT EXHIBIT B CITY OF KENT FISCAL IMPACT ANALYSIS-West Hill Islands #1 ,R THE YEAR 1992 Total acres 11,881 89 e �( Total number of parcels 8,400 ill zx Total number of res. units 6,066 U 106 U Total estimated population 39,650 P 261 Total assessed valuation 3,508,127,478 A 7,906,500 Criminal CITYWIDE General CIP Street Justice Storm Dr. Other Revenue: BUDGET' fund Fund Fund Fund Fund Fund Total --------------------------------------------------------------------------------- Prop. Tax a 3.18622(1) 10,947,540 A 21,172 21,172 Sales-Tax' 11,194,747 utility Tax(2) 3,988,065 0 6,512 6,512 Special Assessments 2,234,133 Real Estate Excise 600,000 A 1,352 1,352 Gambling Taxes 514,000 443 Business Licenses and Permits(3) 230,746 0 443 1,830 Grants 278,025 P 1,830 8,662 980 16,837 State Shared Revenue 2,557,795 P 7,196 3,354 Local Sales Tax Criminal Justice 509,589 P 3,354 551 551 Fire Insurance Premium Tax 83,700 P 294 Drug Task Force Revenue 44,594 P 294 0 Fire Protection District R 37 2,302,97-4 Jail Intergovernmental Revenue 825,485 1,189 King County Medical Service Levy 527,540 A 1,189 'yes and Forfeitures 566,759 A 1,277 1,277 I's 1,563,916 Miscellaneous Fees(4) 892,453 0 2,484 2,484 Interest Income 4,314,301 Water Utility 7,605,768 Sewer Utility 7,215,980 Drainage Utility(5) 3,242,563 0 2,331 2,331 street Utility a1.90/M U 2,417 2,417 Golf 2,741,874 Estimated Total Revenue 64,982,503 42,102 1,352 8,662 4,623 2,331 2,968 62,043 Expenditures: 4306 General Goverrrnent(6) 5,543,538 0 14,306 1 , Police 8,553,635 P 56,333 8,777 65,115 15 Fire 10,157,327 Public Works-Street 4,114,207 A 1,352 7,920 9,272 Leisure Services 7,166,342 Health and Human Services 1,918,909 P 12,631 12,631 Debt Service 10,862,956 Water Utility 5,605,802 Sewer Utility 6,242,453 Drainage Utility(5) 5,616,856 0 Z,331 (2,331) 0 Estimated Total Expenditures 65,787,025 83,275 1,352 10,251 8,777 (2,331) 0 101,324 Net Impact Income (Loss) (41,173) 0 (1,589) (4,149) 4,662 2,968 (39,282) CITY OF KENT NOTES TO WEST HILL ISLANDS ANNEXATION FOR THE YEAR 1992 .„ (1) PROPERTY TAXES: City Regular Levy 2.67776 X 7,906,500 Assessed Valuation Excess Levy 0.50846 ------------ = 21,172 General Fund revenue -------------- 1000 3.18622 (2) UTILITY TAXES: Estimated Average Yearly Residential Utility Bill; Electrical/Natural Gas 924 Telephone 186 Water 189 Sewer 230 Drainage " 25 -------------- Rate Subtotal 1,555 X 3.50% = 54.41 Garbage 108 X 6.50% = 7.02 -------------- ---------- Total For Year 1,663 61.43 X 106 Res. Units= 6,512 (3) BUSINESS LICENSE: Estimated Population 261 --------------X 2692 Total Licenses = 17.72 Additional Licenses Total Population 39,650 X 25.00 Business in Home License 443.00 (4) HISCELLANOUS FEES: Planning, Engineering miscellaneous fees 783,154 General Government miscellaneous fees 109,299 ------------ 892,453 Assessed Valuation 7,906,500 --------------X 783,154 = 1,765 Planning, Engineering miscellaneous fees City Assessed Valuation 3,508,127,478 Estimated Population 261 General Government --------------X 109,299 = 719 General Government miscelleous fees Total Population 39,650 ---------- 2,484 Total miscellecus fees (5) DRAINAGE UTILITY: Drainage Basin "N" monthly charge 1.75 X 12 months = 21.00 X 111 parcels = 2,331 Drainage Revenue Drainage expenses estimated by Engineering Department. This is a expense to the Street Department, but income to the Drainage Utility. (6) GENERAL GOVERNMENT: General Government expenses not expected to be as much using a ratio of annexation estimated population to the city total population, times the General Expenses. This is because some services are not expected to be needed. General Government 5,543,538 Police 8,558,635 Fubl-idZdorks-Street 4,114,207 Health and Human Services 1,918,909 Drainage Utility 5,616,856 -------------- I Modified Expenditures 25,791,795 Modified Expenditures 25,791,745 ______________= 39.20% Modification Ratio X 261 Chestnut Ridge Est. Pop. --------- X 5,543,538 = 14,306 Total City Expenses 65,787,025 39,650 City Pop. ISLAND ANNEXATION I. Requirements. A. Unincorporated territory. B. Less than 100 acres. C. 80% of boundaries contiguous to city. II. Procedure. A. Council may pass resolution to annex. B. Resolution contents . 1. Describes boundaries. 2 . State number of voters in area. 3 . Set date for public hearing on annexation. a. Publish notice of hearing once a week for 2 weeks . y III. Hearing. A. Residents have opportunity to be heard. B. Council may pass ordinance annexing area. C. Ordinance cannot be effective for 45 days. D. Contents of ordinance. 1. Provide for annexation of territory described in resolution. 2 . Council may provide that area assume existing indebtedness of City. 3 . Council may provide for adoption of proposed zoning regulation. E. Notice requirements. 1. Publish notice of effective date of annexation once a week for 2 weeks after passage. 2 . Include statement re: assumption of debt and zoning, if applicable. IV. Effective Date. A. 45 days after passage of ordinance, if no referendum petition filed. V. Referendum Petition. A. Signed by not less than lo% of qualified electors in area who voted in last state general election. B. Must be submitted within 45 day period to City Clerk. See RCW 35A. 29 . 170. C. If valid, see RCW 35A. 01. 0401 question submitted to voters . 1. At next general election, if within next 90 days . 2 . Otherwise, at a special election. VI . Referendum Election. A. Approved if majority of votes cast approve. it AN ORDINANCE of the City of Kent, Washington, annexing certain real property to the City of Kent under the provisions of Chapter 35A. 14 RCW, and complying with the procedures set forth therein. i, i ii WHEREAS, the City Council of the City of Kent, Washington, ! passed Resolution No. 1316 on June 16, 1992 , declaring its intention to an to the City of Kent a certain island of territory contiguous to the city limits of the City of Kent; and WHEREAS , the City Council has determined that the area to be annexed shall be subject to existing City zoning regulations as they apply to newly annexed territory; and WHEREAS , the City Council has determined that the area to be annexed would benefit from existing City services and facilities such that the annexed property should become subject to the City' s existing indebtedness ; and WHEREAS, on July 23 , 1992 , the City, as the Lead Agency, issued a Determination of Nonsignificance ("DNS") after its review of the completed environmental checklist, which was filed concerning this annexation; and WHEREAS, the comment period on the DNS issued by the City ended on August 7 , 1992 , with no challenges being made to the DNS; and WHEREAS, as required by RCW 35A. 14 . 297 , the City Council has 1 i �i !iheld a public hearing upon said Resolution 1316 after proper notice i as required by law; NOW, THEREFORE I; I j THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY I'. f ORDAIN AS FOLLOWS : I. 'i Section 1 . Area Annexed. An island of unincorporated ; territory, which is less than one hundred (100) acres in size and jis 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 shall be annexed to the City of Kent. A map of the West Hill Island annexation area is attached hereto as Exhibit B and incorporated herein by this reference. Section 2 . Taxation and Assessments. The West Hill Island shall be assessed and taxed at the same rate and upon the same basis as the lands now in the City of Kent are assessed and taxed to pay for any presently outstanding indebtedness of the City of Kent that has been contracted prior hereto, or exists at, the effective date of this annexation ordinance. Section 3 . Applicable Zoning Regulations. The West Hill Island shall be subject to the City of Kent ' s existing zoning regulations, specifically those regulations that apply to newly annexed territory. Section 4 . Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the �i 2 i; remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3 . Effective Date. This ordinance shall take effect and be in force forty-five (45) days from the. time of its final ., approval and passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1992 • APPROVED the day of 1992 • PUBLISHED the day of 1992 • 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. BRENDA JACOBER, CITY CLERK 3 WEST HILL ISLAND ANNEXATION DESCRIPTION 6-18-92 Those portions of Sections 15 and 22 in Township 22 North Range 4 EWM, recorded plats, recorded short plats, government lots, land donation claims and• all public rights-of-ways, deeded and/or dedicated lying within the following described property. Beginning at the southwest corner of the southeast quarter of the southwest —q_-arter in said section 15 being the True Point of Beginning of property herein described; thence north along the west line thereof to the centerline of S . S .H. 5-A (AKA) Kent-Des Moines Road; thence easterly and southerly along said centerline to a point of intersection with the west boundary of the Enos Cooper Donation Claim No. 38 ; thence south along the west line thereof to the southwest corner of Bleckers Valley View recorded in Volume 60 of plats page 40 ; thence east along the south line thereof to a point on the centerline of said road; thence southerly along the centerline thereof to a point on the north line of the south half of the northeast quarter of said. section 22 ; thence west along the north line thereof to the northwest corner of said south half; thence north along the west line of said northeast quarter to the southeast corner of the plat of Valley Vista recorded in Volume 56 of plats pages 42 and 43 ; thence west along the south line thereof to the southwest corner of Lot 9 , Block 6 , in said plat of Valley Vista; thence in a northerly, northeasterly and easterly direction along the westerly and northerly line of said Lot 9 to a point of intersection with a line projected south 00 29131" west from the corner common to Lots 3 , 4 , 10, 11 and 12 , Block 6 of said plat; thence north 00 29131" east along said line to said common corner; thence south 69 37110" east along the northerly line of Lot 10 , Block 6, to the corner common to Lots 4 , 5 , 6 and 10 in said Block 6 ; thence north 23 14140" east to the north margin of George Peck County Road; thence in an easterly and northeasterly direction along the northerly and westerly margin of said road to the northeast corner of Lot 1, Block 1, said plat of Valley Vista No. 2 ; thence west along the north line of said plat of Valley Vista No. 2 to the southwest corner of the Cooper Donation Claim; thence north along the west line of said donation claim to a point which intersects the easterly extension of the north line of Lot 7 , Block 1 , said plat of Suburban View; thence west along said easterly extension of said north line to the northwest corner of said Lot 7 , Block 1 ; thence south along the west line of said Block 1 to the southwest corner of Lot 3 in said Block 1 ; thence south 37 00138" west along the southeasterly right-of-way margin of 41st Avenue South to a point of intersection with a line extended south 52 59122" east from the most northerly corner of Lot 4 , Block 7 , in said plat of Valley Vista, which corner is contiguous to the east line of Lot 3 in said Block 7 ; thence north 52 59122" west along said line to the said most northerly corner of said Lot 4 , Block 7 ; thence north along said east line of Lot 3 in said Block 7 to the northeast corner of said Lot 3 in said Block 7 ; thence south 89 EXHIBITS ii 35123" west along the north line of said plat of Valley Vista extended westerly to the southwest corner of the southeast quarter of the southwest quarter in said section 15 to the T. P.O.B. all lying within King county Washington. —�z EXHIBIT I' Kent City Council Meeting " Date August 18, 1992 Category Bids 1. SUBJECT: LID 338 - WESTVIEW TERRACE/McCANN' S WESTVIEW SANITARY SEWER 1 ' / 2 . SUMMARY STAT NT: Bid opening was July 31 with seven bids received. low bid was submitted by Universal Land 5.-/'A-0 Construction in the amount of $306, 265. 54 and 4t--i-g-­iecommendef the bid be accepted and the project awarded. 1/tJ 7 ram- 3 . EXHIBITS: Memo from Public Works Directors and the bid summary 4 . RECOMMENDED BY: Public Works Committee (2-0 vote, - White absent) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended_ Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: ., Councilmember A moves, Councilmember seconds the bid submitted by Universal Land Construction in the amount of $306, 265. 54 be accepted and the contract awarded. DISCUSSION: ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS August 5, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE• L.I.D. 338 - WESTVIEW TERRACE/MCCANN IS WESTVIEW SANITARY SEWER Bid opening was July 31 with seven bids received. The low bid was submitted by Universal Land Construction in the amount of $306, 265. 54 . This project was originally part of the combined project with L. I.D. 339, Decant Stations and 94th Avenue Storm. Bids were rejected for the combined project and each project bid separately. In comparing bids just received for this project with those received previously, we were able to secure a bid approximately $61, 000 lower than originally received. Since this bid exceeds our anticipated L. I.D. amount, we will be notifying the property owners within the L. I.D. boundary that they can anticipate a higher assessment than originally projected. We would hope to have responses from them available by the time this is brought before Council to award the contract. We are, however, recommending that the contract be awarded to Universal Land Construction subject to our evaluation of the property owner responses. BID SUMMARY Universal Land Construction $306, 265 . 54 Jack Johnson Construction 309,790. 29 King Construction 325,469 . 39 Pape & Sons Construction 346, 361. 51 R.W. Scott Construction 360, 762 . 60 Tri-State Construction, Inc. 387 , 030. 59 Robison Construction 454, 183 . 89 Engineer's Estimate $303 , 799 . 09 DEPARTMENT OF PUBLIC WORKS July 28, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTRO�q(G) RE: L. I.D. 338 - WESTVIEW TERRACE/MCCANN'S WESTVIEW SANITARY SEWER This project will install sanitary sewer mains in the Westview Terrace/McCann's Westview areas in the vicinity of 96th Avenue S. and S. 214th Street and is funded by the local improvement district. Bid opening is scheduled for July 31. We will bring a bid summary and recommendation for award to the Committee meeting. Kent City Council Meeting Date Auaust 18 , 1992 Category Bids 1. SUBJECT: DECANT STATIONS 2 . SUMMARY STATEMENT: Bid opening was August 5 with five bids received. The low bid was submitted by R. W. Scott in the amount of $66,401. 09 . J-t- ecommende:k- the bid be accepted and the project awarded. w��TZ=, C"A_ 3 . EXHIBITS: Memo from Public Works Director and bid summary 4 . RECOMMENDED BY: Public Works Committee (2-0 vote White absent) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended__ Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: 1 Councilmember � r moves, Councilmember_ seconds the bid submitted by R. W. Scott in the amount of $66, 401. 09 be accepted and the contract awarded. DISCUSSION• ACTION: y .n �y Council Agenda Item No. 5B Jl DEPARTMENT OF PUBLIC WORKS August 5, 1992 TO: PUBLIC WORKS C6tTTEE FROM: DON WICKSTROM RE: DECANT STATIONS Bid opening was August 5 with five bids received. The low bid was submitted by R.W. Scott in the amount of $66, 401. 09 . This project was originally bid as part of a combined project with L. I.D. 338, L. I.D. 339, and 94th Avenue Storm. Bids for the combined projects were rejected and each project advertised separately. The low bid just received is the same as received previously. We are recommending the bid be accepted and the project awarded to R. W. Scott Construction. BID SUMMARY R. W. Scott $ 66, 401. 09 Pivetta Brothers Construction 72, 060. 50 King Construction 102 , 072 . 99 Harbor Pacific 112 , 357. 03 Gary Merlino Construction 174, 932 . 35 Engineer's Estimate $62 , 964 . 83 DEPARTMENT OF PUBLIC WORKS July 29, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: DECANT STATIONS This project will construct decant stations in five different locations throughout the City: 1) City Shops on West James Street; 2) S.E. 236th Street west of 104th Avenue S.E. ; 3) 80th Avenue S. and S. 208th Street; 4) Frontage Road (45th Place South) ; and 5) 74th Avenue S. and S. 259th Street. Bid opening is August 5 . We will bring a bid summary and recommendation for award to the Committee meeting. CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT 1 B. OPERATIONS COMMITTEE i C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE PUBLIC SAFETY COMMITTEE i• F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES August 4, 1992 City Clerk COMMITTEE MEMBERS PRESENT: Christi Houser Leona Orr Jim White STAFF PRESENT: Norm Angelo Ed Chow Roger Lubovich Tony McCarthy Alana McIalwain Kelh O'Donnell Don Olson Don Wickstrom Barney Wilson MEMBERS OF THE PUBLIC: Bill Doolittle Don McDaniel John Naylor Jean Parietti UNIDENTIFIED STAFF & MEMBERS OF THE PUBLIC Approximately 3 people were present that were not identified to the Committee. The meeting was called to order at 2:10 p.m. by Chairperson Houser. Approval of Vouchers All claims for the period ending July 31, 1992,in the amount of$1,937,828.74 were approved for payment. Collection Agency Update & Traffic Citations Proposal Customer Services Manager Lindsey reviewed with the Committee the progress on the past due accounts turned over to Transworld Systems. Lindsey requested authorization to turn uncollected parking citations over to an agency in Renton. This collection agency will charge the delinquent account in addition to the original fines. Houser asked if the service would be free to the City. Lindsey replied that it would. Committeemember White asked if any references were looked at from other Cities. Lindsey responded that an RFP had gone out to which there were two responses, the proposed company and a company out of Tacoma. Renton Collections was selected because of their municipal experience including SeaTac and Renton. Members of the audience John Naylor and Don McDaniel noted that they have used Renton Collections with good results. Committeemember Orr moved to authorize turning over the unpaid parking citations for collection as recommended. White seconded the motion which passed with a vote of 3-0. Worker's Compensation Renewal Contract Risk Analyst Chatwin reviewed with the Committee the annual third party administration contract for workers compensation. He noted that the contract included medical and indemnity claims as well as some engineering. The hours and claims for the previous year have held with two cost overruns. One additional cost is related to the annual hearing test showing hearing loss for two people from the shooting range. 1 OPERATIONS COMMITTEE MINUTES, CONT. August 4, 1992 An analysis showed some problems related to the steel lining causing sound reverberation. In addition, the level of noise passing through the ventilation system was also tested with positive results. White asked how the shooting range was originally engineered. Chatwin responded that it was a wall shaped design lined with steel and a high ceiling level. White asked who was responsible for paying for the modifications. A discussion followed whether the costs were recoverable from the original engineer. Fire Chief Angelo noted that the design was based on known existing firing ranges and that he did not feel there was a way to go back to the original engineer. Chatwin continued that the second cost overrun was the result of a number of complaints in the Police area regarding air ventilation. A quality survey for hazardous or toxic conditions showed that the air quality was not good, particularly in the police records area. The cause is related to the plenums which need cleaning and are smaller than in other areas of the building. He noted that because of the difficulty of cleaning, it will take some time to go through the system and replace the filters and would be best done when the area was vacated after the move to the new police area. White asked if it was possible to administer the worker's compensation in-house. Chatwin replied that for $20,000 the City receives expertise in handling claims. There are numerous requirements to be met for Labor and Industry as well as Workers Compensation. The current funds wouldn't be enough to hire one person with the expertise necessary. Houser asked where the additional money would come from for the increase. Chatwin responded that the Worker's Compensation Fund was adequate to cover the increase with no impact on the general fund. During further discussion, Bill Doolittle noted that there were 56 claims or about 1 out of 10 employees asking if that seemed rather high. Chatwin broke down the number of claims received from July 1, 1991 to July 1, 1992. He noted they were primarily Fire, Police and Public Works with the majority of the claims being due to the hazards of the occupation. After reviewing the breakdown by department he noted that the Safety Committee reviews all claims to see if they were preventable. In addition, the City is above average compared to surrounding cities. Committeemember Orr moved to approve the contract as recommended by Mr. Chatwin. Committeemember White seconded the motion which passed unanimously 3-0. Dates for Council Work Session Finance Director McCarthy stated that Council President Woods had asked that he discuss with the Committee having a half day work session on the 1993 budget instead of the workshop originally planned. It was decided that McCarthy would bring a calendar to the evening Council meeting to coordinate with the full Council. Bill Doolittle suggested that it would be a good move to videotape the workshops and play them on the public access channel. He added that if the budget process was taped the people in the City would have a better feel for the budget process. White noted in the new cable contract a Kent channel is being negotiated for. Deletion of Vacant Positions Ordinance McCarthy noted that the Council had requested an ordinance deleting the vacant positions and salary credits. McCarthy continued that there were a couple of corrections to the positions listed. Committeemember White stated that it was his understanding that this item will be pulled from the Council Agenda and suggested that the item be brought back in two weeks with the corrections. 2 OPERATIONS COMMITTEE MINUTES, CONT. August 4, 1992 One Time Only Funds to Increase Contingency Fund McCarthy explained that the Mayor had suggested that any funds from the list distributed could be used to enhance the contingency fund. He noted that the Mayor was not necessarily in favor of any of the suggested items but asked that a discussion begin. McCarthy continued that there were a few items that may need to be removed from the list including the fuel storage facility, mobile radios and old sidewalk money. White asked if the entry signs budget was money left that had not been spent. McCarthy replied that the signs had been done in-house noting that there had been a transfer of funds reimbursing the project related to the sign at the golf complex. The remaining entry signs were not near $20,000. A discussion followed as to the decision to transfer funds. Parks and Recreation Director Wilson stated that the Image Committee, which included Brent McFall, voted to put the sign at the golf course and the funds should be returned to the golf course. White stated that he felt the remaining funds should go back to the golf course. Houser responded that in that case the fire truck funds should go back to Fire. A discussion followed of the remaining items and the recent auction. Added Item Citizen Information on Layoff Policy Houser stated that an added item had been requested regarding the Layoff Policy. No one came forward. The meeting was adjourned at 3:00 p.m. by Chairperson Houser. 3 CITY CLERK PUBLIC WORKS COMMITT JULY 153 1992 PRESENT: Jim White Dean Falkner Jim Bennett Paul Scott Don Wickstrom Jim Miller Tom Brubaker Carol Morris Gary Gill Bill Carey Roger Lubovich -'may tin Welch Bill Wolinski Caarlie Kiefer Ed White Mr. Mrs. Rust Janet Shull Bill Doolittle Norm Angelo Jean Parietti Upper Garrison Creek Flood Control Project Bill Wolinski, Water Quality Engineer for the City, made a presentation on a study of the entire watershed, the history of flooding problems associated with the watershed and the proposed projects to alleviate the problems. Previously approved standards have proved to be inadequate to address the problems that are being experienced. Thus, we are attempting to address existing situations such as this and develop new standards that will prevent future problems with new development. These new standards will have an impact on new development and could result in some controversy when they are brought before Council. Gill added that we are going to upgrade our standards to comply with the current King County standards as a first step. In addition, we are working with King County to develop an interlocal agreement to look at the entire Garrison Creek drainage basin to declare it a critical drainage basin that may need to be treated in a completely different manner. In his presentation, Wolinski stressed that in attempting to solve Mr. Carey's problems, there has to be a regional solution so the problems aren't just moved from one place to another. Jim White asked who would be paying for these improvements. Would the owners of undeveloped land be asked to pay or will the drainage utility fund the improvements. Gill stated the existing problems would be addressed through the drainage utility. We would also be requiring new development to design to more stringent standards than in the past. Responding to Mr. Carey's previous comments that increasing the retainage at the East Hill Fire Station and the new school site would solve the problem, Wolinski indicated that an extensive review of the site plans and construction drawings for both projects revealed they were both built to our existing standards. These existing standards may not adequately address the problems but these two projects represent a small fraction of the entire basin. Even if there were no controls on either project, that would not have created the flooding that is Public Works Committee July 15, 1992 Page 2 happening downstream. Wolinski described the proposed project as consisting of an earthen dike creating about 15 acre feet of storage in an existing wetland in the vicinity of 112th which would reduce the flows coming out of the drainage basin, an upsizing of the downstream channels and provide a larger regional detention facility at the north end of 98th Avenue just north of the James Street Reservoirs. Wickstrom added that we need to maximize-,,the detention facility north of 98th because that will help wi=,:h the problems in the valley. Because of the wetland standards and the requirement for a Corps permit, it will be questionable if we can build the valley detention facility as originally proposed. Mr. Carey responded with a review of the material he previously presented to the Committee. He stated that 70% of the drainage in the basin would bypass the detention facility proposed and that the area identified for the facility is not wetland. He addressed his concerns about the adequacy of the drainage system south of 112th and the retention system at the Fire Station. He did not agree with the solutions proposed by the Engineering Department. He stated he did not want anyone from the City on his property making surveys or taking soil samples. He suggested the solutions would be to improve the existing drainage system west of 112th and install an adequate retention system at the Fire Station. Gill added that the City will have to determine if indeed the property proposed for the detention facility is wetland. If it is not, the design and permitting process will be much easier. Also, if it is not wetlands, the property owner makes out better as we will have to pay more for the property. There was further discussion on the definition and delineation of wetland. Jim White stated he would like to look at-more options. Regarding the wetland situation, he stated staff is administering a wetlands policy that has never been before Council for approval. He suggested staff look at alternate sites for the detention facility in the 112th vicinity. Wickstrom commented that as far as value is concerned, the Army Corps of Engineers would be the determinant on whether property is wetland or not. Jim Bennett raised concerns about the design standards and questioned the status of the new construction standards. Gill responded that the draft report has just been completed and will be brought to Council so they can see what impact the new standards will have on new development. Jim White asked that staff come back to Committee with whatever other options there might be. Mr. Carey requested his letter be a part of the record. Public Works Committee July 15, 1992 Page 3 Kent Springs Transmission Main Wickstrom stated that we have all the permits necessary for the project and we have advertised for bids. The bid opening is scheduled for the end of July. Wickstrom continued that he would like to take the bids directly to Council for award in order to get construction underway sooner and take advantage of the construction season. Wickstrom added that all the modifications that have been made to the project have added to the cost of the project and he requested authorization to transfer $350, 000 from the unencumbered water funds to the project. Charlie Kiefer stated he appreciated the opportunity to comment on the project. He made comments to the Committee regarding the addendum to the project's checklist. He stated the public did not have the opportunity to comment on the mitigation plan developed to address requirements in the addendum. He did state he and others were able to see the mitigation plan however. He stated he didn't think the City had a grading permit from the County. Carol Morris corrected him in that the City does have a grading permit but the County has indicated they would not issue a notice to proceed until they received clarification on a couple of issues. So, the City does indeed have a valid grading permit. She addressed the SEPA process for the addendum. The City had a completed checklist on the project. The County requested further environmental review and the proper process was to prepare an addendum since the threshold determination was not being changed. Any comments on the Army Corps of Engineer's permit should have been made to the Corps not to the agency making application. The Corps has required the mitigation plan as part of our permit so, again, the comments should have been made to them. She suggested an attorney could advise Mr. Kiefer if the appeal period has expired. Mr. Kiefer stated the comment period was over in May of 1991 and the addendum was issued in March 1992 . He stated he would be at the next Council meeting to present information as to why he thinks the mitigation plan is no good. Wickstrom stated it is interesting to note that if the City were to reapply for this permit today it would not require a 404 permit because the project has been revised such that we are disturbing less than one acre and would be issued a nationwide permit and would not be required to provide the additional wetlands we are providing. Jim White confirmed that when the project was started in 1983 the city was losing about 1 million gallons per day from the old transmission main. He asked what was being lost today. Wickstrom commented that this phase of the project is replacing the section experiencing most of the leaks. White stated to Mr. Kiefer that he recognized his arguments but the City has complied with all the requirements of the project from the permitting agencies. The City has an obligation to the rate payers in the City of Kent to do something about the water Public Works Committee July 15, 1992 Page 4 loss by replacing the line and are at the point where we have to move ahead. Carol Morris added that the City has to keep in mind that we are not involved as if there were a permit before us for approval. The City is the agency that has made application for a permit so all of Mr. Kiefer's arguments are lost on the City. If there is a problem with the process, it is a process we as the applicant are following and any appeal Mr. Kiefer wants to make should be addressed to the respective permitting agency. She suggested Mr. Kiefer prepare a list of his comments prior to the Council meeting so that she can prepare-a; response to them. The Committee unanimously recommended going directly to Council with contract award bypassing the recommendation of the committee because of the time frame and to transfer $350, 000 from the water funds to the project. L. I.D. 333 - Sianalization 72nd/180th Wickstrom stated four bids were received with Breaker Construction submitting the low bid. He stated he is recommending we award the project to Breaker Construction. The Committee unanimously recommended award to Breaker Construction. Proposed Parking at City Hall After review of the material in the packet, the Committee unanimously recommended the parking changes be implemented. Visual Preference Survey Implementation Janet Shull explained the Planning Committee had asked this item be brought before the Public Works Committee as well since the resolution would have impact on the Public Works Department and would involve staff in that department as- well. Responding to Jim White's question, Wickstrom replied that he does not have staff or paint required to carry out the tasks outlined in the resolution. The paint budget was cut in half. Jim White suggested that we move ahead with the resolution and when these tasks are implemented, staff can bring costs and recommended funding before the Committee for direction. The Committee unanimously recommended the resolution be adopted. Other Bill Doolittle commented on the "Street Closed" signs on First by the Library and suggested they be changed to "Library Access" . He also complimented that the Centennial Center garage was open for parking for Cornucopia Days except that it was not posted anywhere. PUBLIC WORKS COMMTI"TEE AUGUST 5, 1992 PRESENT: Jim Bennett Ed White Paul Mann Ed Chow Don Wickstrom Mr. and Mrs. Rust Tom Brubaker Charlie Kiefer Gary Gill John Walsh Richard Urness Concern Since Mr. Urness had called to say he would not attend the meeting, there was no discussion on his comments. Jim Bennett asked Ed White to check out the signs on 108th to see if they have been torn down. L.I .D. 338 Westview Terrace/McCann's Westview Sanitary Sewer Wickstrom explained this project had originally been bid as part of a combined project with L. I.D. 339, Decant Stations and 94th Avenue Storm. Those bids were quite high and were rejected. We then rebid the projects individually and have received a much better bid for L.I.D. 338. The bid is still above what we originally estimated and we will be notifying the property owners that they can anticipate their assessments to be approximately $1, 200 to $2 , 200 more per lot. The Committee unanimously recommended awarding the contract to Universal Land Construction. L.I .D. 339 - Hilltop Sanitary Sewer Wickstrom explained this project was a similar situation to the one previous. Again, while bids were lower than previously received they still exceeded our estimate and the property owners would be similarly advised. The Committee unanimously recommended awarding the project to the low bidder, King Construction. Decant Stations Wickstrom stated this is the third of those projects advertised individually. The bid received was the same as previously received and was submitted by the same contractor. The Committee unanimously recommended approval to award the project. 212th Street Well - Manganese Water Treatment Plant Mrs. Rust noted that she had observed pickets at the Water Treatment Plant site and had stopped to inquire why they were there. She invited John Walsh from the Electrical Workers Union to Public Works Committee August 5, 1992 Page 2 -- address the Committee. Mr. Walsh explained that MT Electric employees were attemping to form a union and the pickets were an attempt to reach a union agreement with MT Electric. Mr. Walsh stated MT did not pay correct prevailing wages until they knew they were being monitored. There have been claims filed against the retainage. Gary Gill commented that the City will hold the retainage until the claims are satisfied. Kent Springs Transmission Main Mr. Kiefer demonstrated on the chalkboard his concerns about certain properties being turned into wetland by the project. He questioned how the City planned to access certain parcels across private roads and how we could begin when the condemnation issue is not scheduled to go to court until September 17 . Brubaker explained that the property owners could give Use and Necessity prior to the hearing on the condemnation or that the matter might be settled prior to going to court. Responding to Mr. Kiefer's comment about the Army Corps permit requiring mitigation to start prior or in conjunction with the project, Brubaker responded that it could be concurrent and Gill added that they simply want the mitigation done before final acceptance of the project. Gill added that the fill being removed is from an area that was previously a wetland and was illegally filled by the property owner. Gill continued that the City will be having a meeting with the property owners in the area to discuss the contractor's schedule. The contractor has to get his erosion sedimentation control measures in place before construction begins. Addressing Kiefer's concerns about damage to 114th, Gill explained that we will restore the road to equal its existing condition, explained the traffic patterns of the trucks and the traffic control measures that will be in effect. Tom Brubaker explained the condemnation process to the Committee. Kiefer stated he thought it would make sense to wait until next spring to start the project. Gill explained that the water table is lowest now. Jim Bennett asked to be sure Kiefer is notified of the pre-construction meeting. 272nd/277th Corridor Jim Bennett stated that he did not get a clear message about the project at the Council meeting and had questions about the HOV lanes. He suggested a workshop at which the City's consultants and staff attend to address the Council's concerns. Mr. Kiefer asked if the public could attend. Mr. Kiefer was advised it would be open to the public but it was not intended to take public testimony. Mr. Kiefer indicated he understood that.