Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutCity Council Meeting - Council - Agenda - 01/19/1993 n.pin.......1..,...., _... --- / i f �i CEtyoKent 1 u nc � I Meetin Ct Cog � t!t 1� ' 1, Agenda Yy.1 1 7 s g CITY OF Aj ES 'II f I ' � t l Mayor Dan Kelleher I Council Members Judy Woods, President III Jim Bennett Paul Mann Christi Houser Leona Orr Jon Johnson Jim White January 19, 1993 E ! [ Office of the City Clerk �F CITY OF SUMMARY AGENDA KENT CITY COUNCIL MEETING January 19 Council Chambers 9417ECSIR, 7 : 0 0 p.m. MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett Christi Houser Jon Johnson Paul Mann Leona Orr Jim White CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS ✓vA. Regional Justice Center Update ,l B. Proclamation - Kent Jaycee Week 2 . PUBLIC HEARINGS vf/A. LID 338 - Westview Terrace/McCann' s Westview Sanitary Sewer 3 . CONSENT CALENDAR ` A. Minutes .x,rg. Bills _.__... >r. Municipal Code - Ordinance v D. Green River Trail Condemnation Ordinance .,; E. 1993 City Art Plan F. Drinking Driver Task Force Reappointment G. LID 333 - Ordinance Confirming Roll H. LID 339 - Ordinance Confirming Roll I . Plumbing fee Schedule Resolution i J. Commute Trip Reduction K. Recycling Space Requirements - Ordinance i L. Public Works Plan Review Fee Ordinance M. King County Solid Waste Special Collection Event v N. Decant Stations - Accept as Complete v O. Del Webb Pump Station - Accept as Complete V P. 1992 Asphalt Overlays - Accept as Complete v' Q. Bill of Sale - Teresa Lane v R. Bill of Sale - Dover Place v S. Bill of Sale - Van Dorens Business Center, Building C, Paving and Storm Drainage Modification 4 . OTHER BUSINESS v ,.A. Kent/SeaTac/Metro Annexation - Deannexation - Resolution ' fir, B Heath Techna Franchise - 1st reading Golf Complex Request for Proposal r. 5 .vxBIDS ;- •.;� 4 i :-,s:- None 6. CONTINUED COMMUNICATIONS 7 .\/'-/ REPORTS 8 . VADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal 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) Regional Justice Center Update B) Proclamation - Kent Jaycee Week Kent City Council Meeting Date January 19 , 1992 Category Public Hearings 1. SUBJECT: LID 338 - WESTVIEW TERRACE/MCCANN' S WESTVIEW SANITARY SEWER 2 . SUMMARY STATEMENT: This date has been set for the public hearing on the final assessment roll for LID 338 . The City Clerk has given the proper legal notification to the property owners. The Public Works Director will explain the scope of the project. 3 . EXHIBITS: Memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) to set _public hearing only (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: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: lII - Councilmember 7 ve/ moves, Councilmember l`t'� •LdX1V seconds that the City Attorney be directed to prepare the ordinance confirming the final assessment roll for LID 338 . DISCUSSION• ACTION: r, _-n Council Agenda Item No. 2A A aA DEPARTMENT OF PUBLIC WORKS NOVEMBER 189 1992 TO: Mayor Kelleher, �ouncil Members FROM: Don Wickstrom, ector of Public Works RE: LID 338 - Westview Terrace/McCann's Westview Sanitary Sewer - 96th Avenue S. ; 98th Avenue S. ; S. 216th Street and S. 214th Street GENERAL The hearing on January 19 , 1993 is the confirmation hearing on the final assessment roll. This LID is located on the East Hill of Kent in the Westview Terrace and McCann's Westview area. The purpose of the LID was to install sanitary sewer to 48 previously unsewered properties as outlined by the LID boundary. See attached map. On August 30, 1990 a property owner meeting was held to discuss the proposal. This was the result of a petition received in June 1990 and signed by 29 property owners in the LID boundary. Resolution No. 1272 was then adopted at the March 5, 1991 Council meeting, and the public hearing was scheduled for April 2, 1991. Only two percent protest was received, therefore, City Council passed Ordinance 2979 , creating the LID at the April 16, 1991 Council meeting. DESCRIPTION OF PROJECT Sanitary Sewer Improvements Description: Includes the installation of 8-inch sanitary sewers, 6-inch side sewers and related appurtenances. ON FROM TO 98th Avenue S. S. 216th Street 200 ' south of S. 213th Place. S. 216th Street 96th Avenue S. 98th Avenue S. 96th Avenue S. S. 216th Street 200 ' southwest of .... 1 t �M S. 213th Place. S. 214th Street 96th Avenue S. East to end of cul-de-sac. Easement* 96th Avenue S. 142 ' southwest of at S. 216th St. 96th Avenue S. / S. 216th St. Easement* West end of 79 ' south easement above. * Denotes change from original project description based on changes made during final design. NEED FOR IMPROVEMENT The property location is a developed residential area composed of single family lots on septic tanks. For years, it has been known that the septic systems in the general Westview Terrace area function poorly or not at all. Previous attempts to install sewers within the entire area have failed. However several years ago LID 322 and 323 for sewers were formed for the neighborhood adjacent to LID 338. Residents reported that there was raw sewage on the surface of the ground and that septic odor was a real widespread problem. The Seattle-King County Department of Public Health had identified various failing septic systems within the general area. These problems were a threat to everybody who lived in the area. Most of the problems were not repairable and were expected to become worse and more widespread. The only economically feasible alternative was to install a public sewer system. As the situation deteriorated further, it was forecasted that people may be forced from their homes. Knowing the severity of the problem, property owners within the proposed LID came to the City to request sanitary sewers. The Engineering Department requested that a petition be circulated. A petition for sewers was received with sufficient signatures to proceed with the formation process. PROJECT FUNDING The project was originally to be 100% LID financed. However, after receiving bids on the project, it was determined that the final project cost would be substantially higher than the original estimate. To ease the financial impact of this increase, both the project and its funding was reviewed. With respect to the project, the 2 original bids were rejected and the project was rebid as a separate project. This resulted in a somewhat lower cost. With respect to the funding, City participation was considered since the project was designed to service a much larger area than just these immediate properties. As a result $39,494 .82 of budgeted (Miscellaneous Sewer Improvement Fund) Sewer Utility funds were included in the final distribution of the project costs. Even with this contribution, the final assessments have increased approximately $600 per parcel or 9%. A summary is denoted in the following table: Original Total Total Project Cost $312 , 901.44 $381,454 .50 City Cost -0- 39, 494 . 82 LID 312, 901.44 $341, 959. 68 Assessment Per Lot 6, 518 . 78 7, 124. 16 METHOD OF ASSESSMENT Each property serviced is being assessed. Since each lot is a single family residential lot each receiving one service, the benefit is equal for all parcels. Therefore, the cost is evenly spread over all lots within the LID. PAYMENT OF ASSESSMENT Upon Council passing the ordinance confirming the final assessment roll (after completion of the construction) , there is a 30-day period in which any portion or all of the assessment can be paid without interest charges. After the 30-day period, the balance is paid over a ten year period wherein each year's payment is 1/10th of the principal plus interest on the unpaid balance. The interest will be what the market dictates. BENEFIT TO PROPERTIES Generally speaking, for two otherwise identical properties, the one with sewer would have a higher value or potential sale price. There are several reasons for this. With sewer in place, the cost of the sewer installation has been addressed so the potential of a future expense of installing sewers has been eliminated. Another way of looking at it is the sewer is another improvement to the property which adds to the overall value, as would be the case with the addition of a room, a fireplace or paved driveway or any other improvement. Why is it an improvement or benefit if the property has a working septic system? The main consideration in this regard is the history of the general area. If numerous septic problems have 3 occurred and numerous problems exist, it is more difficult to sell a property for a given price. With a history of problems, even though a given septic system is still functioning, there would be a concern over how much longer it will function. Also, problems at a particular location can cause sewage and the related odors to appear on another property which would be a deterrent to a sale. So even though a residence has a functioning septic system, the installation of sanitary sewer will boost or protect the property value and potential sale price particularly in an area such as the proposed LID area where numerous septic problems have occurred. MANDATORY SEWER CONNECTION The City code states that all residences whether within or outside the City limits, located within 200 feet of a City of Kent sanitary sewer shall be required to connect to the sewer and shall be billed for the service. The code provides that compliance with this provision be within 90 dAys after the date of official notice to do so. In the case of a public health or safety hazard compliance shall be within 20 days of official notification. Following construction of the project, the City will send each property owner an official notice that the sanitary sewer service is available and is within 200 feet of the house. Following the compliance period, all properties which have not yet applied for a side sewer permit will automatically be added to the sewer billing list. ANNEXATION COVENANT This LID is outside of the City limits but is within the City's sewer franchise area. King County Boundary Review Board approval has been obtained. To satisfy the Review Board, the City will require each person applying for a sewer permit to execute a "Petition for Annexation and Declaration of Covenant. " This means that in the case of an annexation attempt, the property will be counted as a "yes" vote and once enough covenants have been signed, an annexation could proceed. The covenant procedure is an alternative to requiring actual annexation prior to formation of the LID and expedites the sewer installation. T1272 4 L ...i =4 ' A�Ole SCALI' Cail - _—.—......__.. I — 35 ••_ , t 33 e5 0. L- ------- PROPOSED 8" SANITARY SEWER (LID) �� (WITH 6' SIDE SEWER STUBS TO EACH PROPERTY) 1'6� I'- 1• ��`-r`1 30; /r•' ® ...... ' J (� / �'.. I''�....srar:r.. = '�k+ (37L_�. e..r ASSESSMENT NUMBER (7}.. _ oi- L'< I t8 'kl F:i I • 1 25 � E 1` __(_ x a 29 _ • 0 0 •..p .' l 24 • I-4�... .I T o' �i101 ` 'I I 22� �2� 121 lf• III _5) ....1 _.I i { kh. I (23) LJ _s...... rdI•�._ ..�•. ._.._ SANITARY ...--...-........ .....l I ' i4�PROPOSED -.... .. .. SEWER BY OTHERS ' I I I, I 14 15 16 I7IB' .••..i 10 11 3 EXISTING SANITARY I a I r SEWER " -- -. . L.I.D. BOUNDARY NOTES T CITY OF KE NT I. THE'PROPOSED SEWER IS ONLY SHOWN TO DEFINE THE LIMITS AND EXTENT OF PROJECT. ACTUAL • L.I.D. 338 LOCATION OF SEWER WITHIN ROADWAY WILL BE DETERMINED DURING FINAL DESIGN STAGE. WESTVIEW TERRACE/MCCANN S WESTVIEW 2,ASTERISK (*) INDICATES.PROPERTY:OWNER SIGNED PETITION, '< 3.DOT(•) INDICATES PROPERTY OWNER"RETURNED SANITARY SEWER QUESTIONNAIRE REQUESTING THE C17.Y PROCEED WITH THE L.I.D. FORMATION. 96TH AVE. S. ; 98TH AVE. S. ; S. 216TH ST. AND S. 214TH ST. PL 9 196TN ST BE 196TH`lo \\\ � / `\ F u0 IN UUSPi RCAL W I J V96TN w ¢ •�I W W AREA < < e < i ei D N S 3 < < ` \ < BE 199TH (� n r I ) ATH A2 F 4 F AT 3 R 3 200TH ST m Si < 3 200TH a ST a S[ 300tH ST \ `'yky N T I h p r6 ST m mm 3 202HO ST SPRINOBROOK G 1 ELEMENTARYFE N A. D I SCHOOL y BE ' F t2OSTH < 1 S 205TH ai BE Si y 206TN ST I PL N ; " < 2yEST QO <M) N x " F < 3 206TH r• 20)TH p 1 w > PL f 1 3T BE < p e S 207TH W S W ST 1 6 s 209TH ST ESN sra.]o)1H PL S'20e TH AT 6 1 5 6E 20eTH ET at, (� i PRT J W , 8N 20 H PANTHER LAKE PL ELEMENTARY LAKE, PL SCHOOL F •"1 < < W p A DN G Loc1 S 210TH Pl. i 1 9 _ `� �, Sr " ° p aEcc 211'fH '3T 1 3 1 212TN , ST I I '1 RAJ ROIL < > 312TH^AT 6 i T F < SE" 212TH ST fa PL 4 �P j+A w y A.1•�O n i n BE 212TH 3T 0'B RIEN ^ 'J ST 2 ]TH �8 i W BE 2l]TH + H ar O V < < t14 " l6 �� S 21TH W n " •N, ST -+�+�•+-�qT. A 8T u < aE 216rH ° AT l I 6 j 1 \ n y BE 21rrH ST mIET f N y N S 210TH / \ w / F ST f a aE 21ATH ST ` S 2 eTH ST a 0 p AT SE 2I9TH BE tle TX FL N - ..UUIIW r8 S ST l INDUSTRIAL y( r Hn N \ 226TN Sf M 219TK PL AREA < �'' AT .ra_ BE taoTH PI. L a �W. 3T _ 222H0 ST a BE 222N0 y 222N4 I �1••• y ST 515 3[ 22i n0 M. x N W I < < F � u\H SE 327R0 127 1 " 7 8 BE n6TH sr" 3 o _ „ > 13 18 18 l7 r5pe BE 2 TH „•r +O'ti sE 22P`o^�'^ LT 1 K p� DE2251N n �226tN S 225TH NORT > y ST < E rH ^ "n �! KEN < I F 1'�M/ 5E PI SE 2sr TH �r to taf INTC G i 1 a , BE 2H : x 2x6iH ++ zR .. '23 $ STy S 22arH e BE xN \ J= y �p ST I 9E 22a rt 227TN AT +� N N 1 BE 226TN ST< BE 226TN �S \ i 167 R < BE 2297N 4°at BE" I " 1 J i 1 ° W w PL 9r' JJA' .°. i w 29 TEER < Ar �� BE 230 H SE 23, < p•9 Qr' V I I AT 3 2313T 3[235T T \ ST H 2BE 30 d+4'(' �r SE 231ST PARK RCHA NOVAK L M) u 230TN� .(V W jELE ENT S 3 232ND •( _ ST < w PL, Ap `rt 232ND AT ou ECH L 167 1 5T 32TO r BE 232ND ST 1 ••< E232N Q 5E :S:Xo M. 232ND M1y It .) s BATH CT S. L .I V r F > PLy 6 B �`'f',•,I•`Hn u 'JAyyE 2331 AY r _••r �. ►' m C 1 u Af ,+0 N 2• +,AW STM $1l Qr. ! fe. .. < C ! AT iX 23. ST 4.,j.; •C st a 3 236TH S(Il6TN ST AVE �! AT Bm > .A nrali7' 4 `4 > < 46gnlG]I OM1, ST 1�1� —�—E�� ULORON 0 4 r • x BE 236TH PL W F < WAY rA2LEr ` 12Tn °i <' _ b+� SE 33)TN ST < W Ne,vO• ST < j XIWAOI• E > W p ' E GE ROE O < r Til ' 5A 92S9TM • ' : (M) SC 233T • s:3s, P, iLID 338 6 a 240 AT 8 17 i J Pe HT 24 - i N 0 P600--, W aCH00L < E < C R 3 261aT 3T ¢ EAST HILL 1AINIfIK EIO CEO A STS > ; m To SC„OOLTARY WESTVIEW TERRACE SANITARY SEWERS s { D plol EfP 3 _+ ¢ QSQ i < < 'O S 262HDg C 1 i A ST F R Me ILUH E TEM CRA :E ST - { •", i ST = 3 263RD s SMIT ST 2 i ; N ST i IIS 4 + MEWCAI'�- SMITH 9i ; R 66TN N N II .. WARD RCENTE :r V; ;, AT p C LID 333 - LID 338 - LID 339 Wickstrom explained these LID' s are construction complete and we would like to finalize these projects. Tentative dates have been scheduled to set these items for public hearings. Committee unanimously agreed to set public hearing dates on LIDS 333 , 338 , and 339 . Property Acauisition Wickstrom explained that the City has been negotiating with Mrs. Ramstead, one of the major property owners on the 277th Corridor. Wickstrom stated that, we have an earnest money agreement for $700, 000. This is in accordance with the appraisal. The property in question is approximately 96 acres. Wickstrom stated that Mrs. Ramstead has a logging permit and the City's concern is, once Mrs. Ramstead clear cuts her property, King County can, under State law, and will issue a moratorium on the entire site for 6 years; which would eliminate any building permits or additions of any kind including us. Wickstrom explained that this is far beyond what we would want and that is what initiated this negotiation with her. Wickstrom further explained that a school is going in adjacent to the property which will bring in sewer and water to the property. This could very well increase the price and could make the property more potentially developable. Jim Bennett raised the question regarding what phase we are in regarding the 277th Corridor. He noted that approximately $500, 000 was authorized to do study, survey, etc. Bennett asked how this acquisition would impact that. Wickstrom explained that we may become "landlords" on this property but when the school is built in 194 the property could probably be sold for a profit. He further stated that this is also the reason why negotiations are under way with another property owner, Mrs. Johnson, at the bottom of the hill. Mrs. Johnson is very willing to sell and an appraisal will be in to the City on November 6th. Wickstrom explained that there is money in the project fund; $2 Million'°in outstanding bonds on this project; $800, 000 in cash that was set aside some time ago for and $500, 000 development fees that have been prepaid by various developments. Committee unanimously agreed to authorize acquisition• of the Ramstead property. Proposed LID Smith Street Sidewalk Wickstrom explained that this was brought forward from the last Committee meeting because of a 1-1 split vote. 5 DEPARTMENT OF PUBLIC WORKS NOVEMBER 18, 1992 TO: Mayor Kelleher �ouncil Members FROM: Don Wickstrom, iJ ' ector of Public Works RE: LID 338 - Westview Terrace/McCann's Westview Sanitary Sewer - 96th Avenue S. ; 98th Avenue S. ; S. 216th Street and S. 214th Street GENERAL The hearing on January 19 , 1993 is the confirmation hearing on the final assessment roll. This LID is located on the East Hill of Kent in the Westview Terrace and McCann's Westview area. The purpose of the LID was to install sanitary sewer to 48 previously unsewered properties as outlined by the LID boundary. See attached map. On August 30, 1990 a property owner meeting was held to discuss the proposal. This was the result of a petition received in June 1990 and signed by 29 property owners in the LID boundary. Resolution No. 1272 was then adopted at the March 5, 1991 Council meeting, and the public hearing was scheduled for April 2 , 1991. Only two percent protest was received, therefore, City Council passed Ordinance 2979 , creating the LID at the April 16, 1991 Council meeting. DESCRIPTION OF PROJECT Sanitary Sewer Improvements Description: Includes the installation of 8-inch sanitary sewers, 6-inch side sewers and related appurtenances. ON FROM TO 98th Avenue S. S. 216th Street 200 ' south of S. 213th Place. S. 216th Street 96th Avenue S. 98th Avenue S. 96th Avenue S. S. 216th Street 200 ' southwest of 1 original bids were rejected and the project was rebid as a separate project. This resulted in a somewhat lower cost. With respect to the funding, City participation was considered since the project was designed to service a much larger area than just these immediate properties. As a result $39 ,494 . 82 of budgeted (Miscellaneous Sewer Improvement Fund) Sewer Utility funds were included in the final distribution of the project costs. Even with this contribution, the final assessments have increased approximately $600 per parcel or 9%. A summary is denoted in the following table: Original Total Total Project Cost $312 , 901. 44 $381, 454 . 50 City Cost -0- 39 , 494 . 82 LID 312 , 901. 44 $341, 959 . 68 Assessment Per Lot 6, 518 . 78 7 , 124 . 16 METHOD OF ASSESSMENT Each property serviced is being assessed. Since each lot is a single family residential lot each receiving one service, the benefit is equal for all parcels. Therefore, the cost is evenly spread over all lots within the LID. PAYMENT OF ASSESSMENT Upon Council passing the ordinance confirming the final assessment roll (after completion of the construction) , there is a 30-day period in which any portion or all of the assessment can be paid without interest charges. After the 30-day period, the balance is paid over a ten year period wherein each year' s payment is 1/10th of the principal plus interest on the unpaid balance. The interest will be what the market dictates. BENEFIT TO PROPERTIES Generally speaking, for two otherwise identical properties, the one with sewer would have a higher value or potential sale price. There are several reasons for this. With sewer in place, the cost of the sewer installation has been addressed so the potential of a future expense of installing sewers has been eliminated. Another way of looking at it is the sewer is another improvement to the property which adds to the overall value, as would be the case with the addition of a room, a fireplace or paved driveway or any other improvement. Why is it an improvement or benefit if the property has a working septic system? The main consideration in this regard is the history of the general area. If numerous septic problems have 3 ok N ...ram H .r--•. 1_^` \ /:� i \�.` ...,f ! — j wlowr' `, SCALE• 1" 100 j — —, _._.__, - .. 'cam . . .— w . ✓ (. 14) l.._I , Q �.. `to�Il a 1 i I J tir- L 33 I PROPOSED 8" SANITARY SEWER (LID)---- —j =k-.; � V-- .—� 141 L ��`.� I1 x. .. !WITH 6' SIDE SEWER STUBS TO EACH PROPS TY1 !6 �� I �{;;��' /y�i -1177, \\ . ' -rlYN ASSESSMENT NUMBER F (�•1..::.i ; :� I 1 111 _ ,19 r �le .....24 27 � .� • `'�E � Ali 00 i :.�_,- ��y l{ (23).. A .,I ._. I� I 1 i`}`'`4(3) ij PROPOSED SANITARY SEWER BY OTHERS r" ae i _ 7 • $ � r-� r lil EXISTING SANITARY �,:. W --_._.....-------.• -1-- — a— — — . SEWER L.I.D. BOUNDARY NOTES: CITY OF KENT I. THePROPOSED SEWER IS ONLY SHOWN TO DEFINE - L.I.D. 338 THE LIMITS AND EXTENT OF PROJECT.ACTUAL • DETERM N DF DURING FINAL DESIGN LOCATION SEWER WITHINROADWASTAGIEL .E WESTVIEW TERRACE/McCANN'S WESTVIEW 2.ASTERISK (*) INDICATES._PROPERTY SANITARY SEWER SIGNED PETITION..::'. .-'; 3.DOT(*) INDICATES PROPERTY OWNER`'RETURNED . QUESTIONNAIRE REQUESTING THE CITY PROCEED 96THAVE. S. ; 98TH AVE. S. ; WITH THE L.I.D. FORMATION. ' S. 216TH ST. AND S. 214TH ST. e p r,< 195IPLN SE 196iN ! I96TH p Z W INUUSi RIAI AREA Y < Y ID' lA i S ` < < �..,\ i < 3[ 199TH l' m I 3 Sr M Ar 1 .i. $T S 2oarN ST I y 200tH m $T w $C 200TH ST ' ID 31 m m S 302NO ST SPRIHOSROOM ^ �L I ELEMENTARYrd L D I N aCHOOL i Y x x. x n < D � I � O O W " n 3[ < 107TN ST y S 1 W W C L._._.. _ St 204TH $T on a < .. I•.... .. J M1� 8;i 20 H 3 l PANTHER ELSCHOOLRYEri CXOOL F S 210TH PL x SE 211TN '!T 1T SS 3 • 212TH , ST I •1 4M1 J eAf, < Y ]13TH ST ST 6 i 1 O'BRIEN r 9!� A J 7J e3T 2 1TH 45�eO=i " St< 211TN SC<'t{ITM 3TV p - I M1 Jf ! ST f t ST yt g C �y It 21 TN <n vf n21SST a 31]TH x SE 213TN rL .°tl. 2131" 1Jf 3T IT I IS SO,[IN TH eT. > ^ f !219TN Y u W 3T < - !E I16TH - STzi J cc Y It, 217T" ST aT L F N y N c x s 219TN I S w ` eTH ST a <5„ u a a' !C TItTN 3T S " Y SE 219T" SE 219TH P' IiA11111AIX x ST INDUSTRIAL 220TH It ,W, zlttH n AREA tea' Sr 3[ tzoTH PL w • s ^ i 3 F 51 I w �.1'. 222HO sr 122NU N 8 st sr"° 51S It 122 No PL a W st 293NO o W 12 7 I " 7 B SE 224TH q 13 18 I 18 17 � eat � s �`Tr<MN W".\�n•y<N st P L22 226TM St S�TD-225 TH NORT ST E T t2 SLP F INTC G SE x:arM IT "y e 12eT $ Sr L a nerM . x = zl7rIt INar 1 f n I 3T .I St 21e r. st 223TM Si<\ ^ St 224TH < 167 , Y x T[[R < ( (Ml lMl n W ,L•!' 6�' ST 1= < 3 Ri f x 3E 331 ,Of3 (" eE aE 230 N 1 ra I ST 3 23{ST SE 2]STT \ IT n St �� w,�.r It 2313T PAR" RCNA ^' ST M) Y N 230TH •{ 3T 1, i[LE HT NOVAR L I 3 373H0 I < PL ♦0 Jt 232ND ST �u iCM L 167 Sy .2 232ND \I SE 237N0 3T a yL .•< t232M I. •I $T f[ lS1ND X.• 332N0 i ST J W 1 y MTN CT 3. IN J 2 ♦ I ^ J I _ .I r.NH a J•AslS SE 23SRO< .(4 =^r t 01 I �( J'PO �� r=mil fw v<o p��(•( Jf ,y Z Y C ST r ^{ N�1 ♦1�e< fy Y• 1 r �.-. of I39TN ST AVE V Af TM Il ST W •C JJ Y S 136TN" J<SfP Bal > Nf.M1i!' �Ob lleQS. w (M7 < Si ULDRON v L i n • i" SE 276TN PL ^ f W . •I• SE 237TH 3T i TAl lfr F < WAY •1(ffY 3firtx �' >< u_ Gy < W Hf1frY9• MINA\I� �• n _ 111 I y x n D Y ^ > Pe00.u•A EAST HILL > > aCXOOL i [ < ° s p 3 2415T !T i riA SCHOOL WESTVIEW TERRACE SANITARY SEWERS < iAlhlfhc FI0 CLD i ST Y x aCHOOL < t Y D PID tFR 3 L i = i < N 3 QA2ND; Z i M< ILUH E iCM UA t ST = ST N Sf x 3 243RO i "IT ST = _ = b ST •A u i. SENT' SMITH !T R f6TN x _ i 1 MEDICAL r U ST " W ' a LID 333 - LID 338 - LID 339 Wickstrom explained these LID' s are construction complete and we would like to finalize these projects. Tentative dates have been scheduled to set these items for public hearings. Committee unanimously agreed to set public hearing dates on LIDS 333 , 338 , and 339 . Property Acquisition Wickstrom explained that the City has been negotiating with Mrs. Ramstead, one of the major property owners on the 277th Corridor. Wickstrom stated that, we have an earnest money agreement for $700, 000. This is in accordance with the appraisal. The property in question is approximately 96 acres. Wickstrom stated that Mrs. Ramstead has a logging permit and the City' s concern is, once Mrs. Ramstead clear cuts her property, King County can, under State law, and will issue a moratorium on the entire site for 6 years; which would eliminate any building permits or additions of any kind including us. Wickstrom explained that this is far beyond what we would want and that is what initiated this negotiation with her. Wickstrom further explained that a school is .going in adjacent to the property which will bring in sewer and water to the property. ' This could very well increase the price and could make the property more potentially developable. Jim Bennett raised the question regarding what phase we are in regarding the 277th Corridor. He noted that approximately $500, 000 was authorized to do study, survey, etc. Bennett asked how this acquisition would impact that. Wickstrom explained that we may become "landlords" on this property but when the school is built in 194 the property could probably be sold for a profit. He further stated that this is also the reason why negotiations are under way with another property owner, Mrs. Johnson, at the bottom of the hill. Mrs. Johnson is very willing to sell and an appraisal will be in to the City on November 6th. Wickstrom explained that there is money in the project fund; $2 Million in outstanding bonds on this project; , $800, 000 in cash that was set aside some time ago for and $500, 000 evelopment fees that have been prepaid by various developments. Committee unanimously agreed to authorize acquisition of the Ramstead property. Proposed LID Smith Street Sidewalk Wickstrom explained that this was brought forward from the last Committee meeting because of a 1-1 split vote. 5 CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember L seconds that Consenta Calendar Items A through S be approved. Discussion + i Action 3A!�Approval of Minutes. �N Approval of the minutes of the regular Council meeting of January 5, 1993 . 3B"Approval of Bills. Approval of payment of the bills received through January 15, v 1993 after auditing by the Operations Committee at its meeting ^til at 3 : 00 p.m. on January 19, 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council AgenAa Item No. 3 A-B Kent, Washington January 5, 1993 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Houser, Johnson, Mann, Orr, White and Woods, Chief Administrative Officer McCarthy, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Captain Jim Miller, Acting Finance Director Miller, and Human Resources Director Olson. Approximately 20 people were at the meeting. PUBLIC Employee of the Month. Mayor Kelleher announced COMMUNICATION that Lezlie Ellis, Recreation Facility Supervisor at Kent Commons, has been selected as Employee of the Month for January, 1993 . He noted that Lezlie demonstrates her care and loyalty through her enthusiasm and positive attitude, is very depend- able and is always fair and consistent. Doug Siegert noted that thousands of people use Kent Commons, and that people from all over the country have praised Lezlie. The Mayor then presented her with the Employee of the Month plaque. REI Appreciation Day. The Mayor noted that the Accounts Payable Department of Recreational Equipment, Inc. , has adopted 228th Street through the "Adopt-A-Street Program" in an effort to give something back to the community, and that they have purchased safety vests, hard hats and gloves to assist them in keeping the streets of Kent clean. He read a proclamation declaring January 5, 1993 , as REI Appreciation Day, and inviting all citizens and employees to join him in thanking REI for their efforts to beautify our community. Karen Sack, Manager of Accounts Payable, accepted the proclamation and said they are proud to be part of the Kent community. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR I be approved. Johnson seconded and the motion carried. Councilmember Orr was out of the room at the time and did not participate in the vote. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of the Minutes. APPROVAL of the minutes of the regular Council meeting of December 1, 1992 , and the Special Council meeting of December 8 , 1992 . 1 January 51 1993 TRAFFIC (PUBLIC HEARING ITEM 2A) 333 - Si nal at 72nd Avenue South & S. 180th CONTROL LID St. This date has been set for the public hearing on the final assessment roll for LID 333 . Public Works Director Wickstrom noted that the final assessment amount is 9% lower than the original amount. He explained the method of assessment and noted that one protest was received from Paul and Grace Rehn. The protest was reviewed and found to be invalid. Upon White' s question, as other noted that parcels 2 and 31 as wellparcels, were not assessed because they have access to West Valley Highway. The Mayor opened the public hearing. There were no comments from the audience and WOODS MOVED to close the public hearing. Houser seconded and the motion carried. Upon White' s question, Wickstrom said that it could be considered arbitrary and capricious to exclude the Rehns, since they would benefit from the signal. The City Attorney agreed that if someone benefits, they are to be assessed. WHITE THEN MOVED that the City Attorney be directed to prepare the ordinance confirming the final assessment roll for LID 333 . Johnson seconded and the motion carried. SEWERS (PUBLIC HEARING ITEM 2B) LID 339 Hilltop Avenue Sanitary Sewers. This date has been set for the public hearing on the final assessment roll for LID 339 . Public Works Director Wickstrom noted that the LID was initi- ated by property owners who were concerned about septic tank failure. He described the project and payment of assessments, and noted for White that drainage is included in the project. The Mayor opened the public hearing. There were no comments from the audience on this issue. WOODS MOVED to close the public hearing. Orr seconded and the motion carried. WHITE MOVED that the City Attorney be directed to prepare the ordinance confirming the final assessment roll for LID 339 . Johnson seconded and the motion carried. 2 January 5, 1993 REZONE APPEAL (CONSENT CALENDAR ITEM 3H) Stratford Arms Phase II Appeal (RZ-92-1) . ADOPTION of Resolution No. 1339 regarding SDM Properties appeal of the recommendation of the Hearing Examiner on an application for a rezone. A public hearing was held by the City Council on November 17, 1992 to consider an appeal by SDM Properties from the Hearing Examiner' s recom- mendation of denial of an application to rezone 1. 23 acres from R1-9 . 6, Single Family Residential, to MR-M, Medium Density Multifamily Residential. REZONE (CONSENT CALENDAR ITEM 3I) Stratford Arms Phase II Rezone (RZ-92-1) . ADOPTION of Resolution No. 1340 regarding the recommendation of the Hearing Examiner on SDM Properties application for a rezone. A public meeting was held by the City Council on November 17 , 1992 to consider the Hearing Examiner's recommendation of denial of an application by SDM Properties (Stratford Arms Phase II rezone application) to rezone 1. 23 acres from R1-9 . 6, Single Family Residential, to MR-M, Medium Density Multifamily Residential. ANNEXATION (OTHER BUSINESS ITEM 4A) Everson Annexation. This date has been set for a public meeting with the petitioners of the Everson Annexation, a 60-acre area in the vicinity of 93rd Avenue South and So. 222nd Street. Public Works Director Wickstrom noted that the assessed value of the area is approximately $2 , 590, 846, it con- tains 28 parcels, and has an estimated population of 57 . He explained that since the Public Works Committee meeting was canceled due to snow, there is no committee recommendation, but that when polled by phone, White and Bennett expressed support for this annexation. He also explained that under State law the City must meet with petitioners within 60 days, and asked, therefore, that action be taken tonight. He added that expenses and revenues are very nearly the same. WHITE MOVED that the City proceed with this annexation and authorize the circulation of a 60% petition subject to the City's existing indebted- ness. Johnson seconded. 3 January 5, 1993 ANNEXATION Assistant City Attorney Brubaker pointed out that this is the only chance for the Council, if it so desires, to request that the petitioners expand the size of the annexation. Upon Orr' s question, Wickstrom explained that four or five annexation attempts in the adjacent area have failed. The motion then carried. PLANNING (CONSENT CALENDAR ITEM 3E) COMMISSION Planning Commission. CONFIRMATION of the Mayor' s APPOINTMENTS reappointment of Gwen Dahle as a member of the Kent Planing Commission. Her reappointment will become effective January 1, 1993 and will continue to December 31, 1995. (CONSENT CALENDAR ITEM 3F) Planning Commission. CONFIRMATION of the Mayor' s reappointment of Kent Morrill as a member of the Kent Planning Commission. His reappointment will become effective January 1, 1993 and will continue to December 31, 1995. (CONSENT CALENDAR ITEM 3G) Planning Commission. CONFIRMATION of the Mayor' s appointment of Ken Dozier as a member of the Kent Planning Commission. His appointment will con- tinue to December 31, 1995 . HUMAN SERVICES (CONSENT CALENDAR ITEM 3C) Domestic Violence Advocacy Services. ADOPTION of Resolution No. 1338 allocating funds for the domestic violence system, as recommended by the City Council Planning Committee. This resolution supports funding of community advocates, legal advocates, and training out of the eleven (11) percent of the additional law/ safety/justice sales tax revenue which is cur- rently budgeted for domestic violence services. The 1993 contract with DAWN for community advocate services is $42 , 836. Upon approval, the remainder of the 1993 budgeted amount will be available for legal advocate services. 4 January 5, 1993 CODE OF (OTHER BUSINESS ITEM 4B) ETHICS ADDED BY COUNCILMEMBER MANN Code of Ethics. Councilmember Mann stated that he feels it is time to discuss the issue of a Council Code of Ethics. He asked that the Operations Committee take this matter into consideration, and that staff from Human Resources and the Attorney' s Office provide assistance. Houser agreed to have the Committee consider the matter, there was no objection, and it was so ordered. POLICE (CONSENT CALENDAR ITEM 3D) Drinking Driver Task Force. CONFIRMATION of the Mayor ' s appointment of Adam Smith, who currently serves as a Washington State Senator, as a member of the Drinking Driver Task Force. He will fill the vacancy left by Jill Vanneman. COUNCIL (ADDED BY COUNCILMEMBER WHITE) ABSENCE Council Absence. White requested an excused absence from the next City Council meeting, since he will be attending the Inauguration in Washington, D.C. There was no objection and it was so ordered. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through December 31, 1992 after auditing by the Operations Committee at its meeting at 2 : 00 p.m. on January 51 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount 12/16-12/31 125771-126338 $2 , 662 , 333 . 53 Approval of checks issued for payroll: Date Check Numbers Amount 1/5/93 179902-180276 $ 627 , 820 .72 1/5/93 4027-4319 (Advices) REPORTS Council President. Woods noted that Suburban Cities will meet on Wednesday, January 13 , at the City of SeaTac. 5 January 5, 1993 REPORTS Administrative Reports. Mayor Kelleher announced that there will be an open house on January 12th at Harrison House, and invited everyone to attend. EXECUTIVE At 7 : 30 p.m. , the Mayor announced an executive SESSION session of approximately 30 minutes to discuss labor negotiations, litigation, and personnel matters. The meeting reconvened at 8 : 40 p.m. City Attorney Lubovich stated that a claim has been filed by an employee against a councilmember, and it is the desire of the Council to have the matter investi- gated and a report brought back to Council. JOHNSON MOVED that Human Resources Director Don Olson be directed to hire an investigator to look into the allegation brought forth by an employee. Orr seconded and the motion carried. ADJOURNMENT The meeting then adjourned. Brenda Jacober, CMC City Clerk 6 Kent City Council Meeting �V Date January 19 , 1992 v Category Consent Calendar 1. SUBJECT: CITY OF KENT MUNICIPAL CODE 2 . SUMMARY STATEMENT: Adoption of Ordinance 140 enacting a new municipal code for the City of Kent. The current City code is an outdated 1986 codification. The proposed new code is the result of three years of research, updates, and revisions to bring it in compliance with state law and to incorporate the numerous ordinances passed since its last codification. 3 . EXHIBITS: Ordinance adopting the new City code. Note that a copy of the City code is available in the City Attorney's Office for review. 4 . RECOMMENDED BY: Operations Committee (3-0) - (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Age da Item No. 3C ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adopting and enacting a new code for the City of Kent, Washington; providing for procedure for amending and supplementing such code; providing for the interpretation of footnotes and history notes; providing for the repeal of certain ordinances not included therein and not saved from repeal in this ordinance; providing a penalty for the violation thereof; providing for the intent of the City Council in amending such code; and providing when such code and this ordinance shall become effective. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Code entitled "Kent City Code" published by Municipal Code Corporation consisting of Titles 1 through 15, each inclusive, with the exception of Chapter 5. 10 entitled "Massage Parlors and Bathhouses" , which is hereby repealed, is adopted. Section 2 . The procedure for amending such Code shall be as follows: (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, section and subsections or any part thereof by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall b prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the City Council. (b) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section or subsection number of this Code in the following or „ similar language: That section of the Kent City Code is hereby amended to read as follows: . The new provisions shall then be set out in full as desired. (c) If a new section or subsection not heretofore existing in the Code is to be added, the following language may be used: "That the Kent City Code is hereby amended by adding a section to be numbered which section or subsection shall read as follows: . The new section shall then be set out in full as desired. (d) Repeal of any of the provisions of this Code may be effected by repealing such provisions by specific reference to the section or subsection number of this Code in the following or similar language: "That section of the Code of Kent, Washington, is hereby repealed in its entirety. " (e) Every ordinance introduced which proposes to amend or repeal any portion of this Code shall show, by proper reference, the title, chapter and section proposed to be amended; or, if it proposes to add to this Code a new title, chapter or section, it shall indicate, with reference to the arrangement of this Code, the proper number of such title, chapter or section. Section 3 . The procedure for supplementing such Code shall be as follows: (a) By contract or by City personnel, supplements to this Code shall be prepared and printed. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions; (2) Change the words "this ordinance" or words of the same meaning to "this title, " "this chapter, " "this part, " "this section, " etc. , as the case may be, or to "sections to " (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code) ; and 3 (3) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. Section 4 . All references to titles, chapters or sections are to the titles, chapters and sections of this Code unless otherwise specified. The references and editor' s notes appearing throughout the Code are not intended to have any legal effect, but are merely intended to assist the user of the Code. The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Section 5 . All ordinances of a general and permanent nature enacted on or before October 6, 1992 , and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 6. Nothing in the Code or this ordinance adopting the Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with the Code: (a) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code; 4 (b) Any ordinance promising or guaranteeing the payment of money for the City; or authorizing the issuance of any bonds of the City; or any evidence of the City's indebtedness; (c) Any contract or obligation assumed by the City; (d) Any right or franchise granted by the City; (e) Any ordinance dedicating, naming, establishing, locating, opening, paving, widening, vacating, etc. , any street or public way in the City; (f) Any ordinance establishing or prescribing grades for streets in the City; (g) Any appropriation ordinance or ordinances providing for the levy of taxes or for adopting or amending the annual City budget; (h) Any ordinance relating to local improvements and assessments therefor; (i) Any ordinance annexing territory to the City or discontinuing territory as a part of the City or amending the boundaries of the City; (j ) Any ordinance regulating subdivision of land or dedicating or accepting any plat or subdivision in the City; (k) Any ordinance or resolution establishing or amending personnel rules or regulations; 5 (1) Any ordinance or resolution prescribing any utility rates, and other charges or fees; (m) Any ordinance prescribing traffic regulations for specific streets, such as ordinances establishing speed limits or designating one-way streets, no parking areas, truck routes, stop intersections, intersections where traffic to be controlled by signals, etc. ; (n) Any ordinance amending the zoning map or rezoning property; (o) Any ordinance calling an election or prescribing the manner of conducting the election in accordance with state law; (p) Any ordinance prescribing any fee or payment of money to the City for licenses or any other fee or tax; (q) Any ordinance prescribing the number, classifi- cation, benefits or compensation of any City officers or employees, not inconsistent herewith; (r) Any ordinance which is temporary although general in effect; (s) Any ordinance which is special although permanent in effect; (t) Any ordinance containing any administrative provisions. 6 All such ordinances shall remain in effect and are on file in the City Clerk' s office. Section 7 . The repeal provided for in Section 6 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 8 . Nothing in the Code or this ordinance adopting the Code shall affect any offense or act committed or done, or any penalty of forfeiture incurred, or any contract or right established or accruing before the effective date of the Code. The adoption of the Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance of the City in effect on the date of adoption of the Code. Section 9 . Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine not to exceed five thousand dollars ($5, 000. 00) or a term of imprisonment not to exceed one (1) year, or both a fine and term of imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits. 7 Section 10. Additions or amendments to the Code when passed in the form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 11. ordinances adopted after October 6, 1992 , that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code. Section 12 . Section 9 . 02 . 036 of the Kent City Code as adopted herein entitled "Disorderly conduct" is amended to read as follows: Sec. 9 . 02 . 36. Disorderly Conduct. A person is guilty of disorderly conduct if he: 1. Uses abusive language and thereby intentionally creates a ( (lea-r) ) risk of assault; 2 . Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or 3 . Intentionally obstructs vehicular or pedestrian traffic without lawful authority. Disorderly conduct is a misdemeanor. Section 13 . Section 9 . 02 . 104 of the Kent City Code as adopted herein entitled "Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful; penalty; exceptions" is hereby amended as follows: 8 Sec. 9.02 . 104. Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful; penalty; exceptions. A. It shall be unlawful for anyone to carry, exhibit, display or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club or any other weapon apparently capable of producing bodily harm in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons. Any person violating the provisions of this subsection shall be guilty of a misdemeanor. A violation of this section shall upon conviction be punishable as a misdemeanor under state law. B. Subsection A. of this section shall not apply to or affect the following: 1. Any act committed by a person while in his place of abode or fixed place of business; 2 . Any person who by virtue of his office or public employment is vested by law with a duty to preserve public safety, maintain public order or make arrests for offenses while in the performance of such duty; 3 . Any person acting for the purpose of protecting himself against the use of presently threatened unlawful force by another or for the purpose of protecting another against the use of such unlawful force by a third person; 4 . Any person making or assisting in making a lawful arrest for the commission of a felony; or 5. Any person engaged in military activities sponsored by the federal or state government. ( (A this seetien shall, apen eenvietien be s abmisdefaeaner under- state law- ) ) section 4 • Section 9 . 02 . 106 of the Kent City Code as adopted herein entitled "Sale, manufacture, possession of certain weapons" is amended to read as follows: Sec. 9.02.106. Sale, manufacture, possession of certain weapons. A. It shall be unlawful for anyone to sell, manufacture, purchase, possess or carry: 1. Any device commonly known as nunchuka sticks, consisting of two (2) or more lengths of wood, metal, plastic or similar substance connected with wire, rope or other means; or 2 . Any device commonly known as throwing stars, which are multipointed, metal objects designed to embed upon impact from any aspect in a manner, under circumstances, and at a time and place that either manifests an intent t intimidate another or that warrants alarm for` the safety of other persons. B. It shall be unlawful for anyone to manufacture, sell or dispose of or have in his possession any instrument or weapon of the kind usually known as a slung shot, sand club, metal knuckles, spring blade knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device or any knife having a blade which opens or falls or is ejected into position by the force of gravity or by an outward, downward, or centrifugal thrust or movement. C. Anyone who shall furtively carry with intent to conceal any dagger, dirk, pistol, or other dangerous weapon as previously outlined, or who shall use any contrivance or device for suppressing the noise of any firearm shall be guilty of a misdemeanor as provided under state law. 10 Section 15. This ordinance shall become effective thirty (30) days after its final 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 , 1993 . APPROVED the day of 1993 . PUBLISHED the day of , 1993 . 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 code.ord 11 / Kent City Council Meeting January 19 1992 Date J y Category Consent Calendar 1. SUBJECT: GREEN RIVER TRAIL CONDEMNATION ORDINANCE _ �` ) ! c l 1Y I 2 . SUMMARY STATEMENT: Authorization for the City Attorney to commence with proceedings necessary to acquire by condemnation an easement for parks and recreation purposes over certain property Fkes� th_ --hed ord-4wnTce with payment thereof out of the ity' s Green River Trail fund. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Parks Committee 1/5/93 (3-0 vote) (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: Green River Trail Acquisition Project Budget 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Age da Item No. 3DW II ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of an easement for parks and recreational purposes over certain property; providing for the payment thereof out of the City' s Green River Trail Fund; and providing for the condemnation of such property rights as necessary therefor; said properties located within the limits of the City of Kent in King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of a portion of real property located in King County, Washington and legally described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter, the "Property") . Section 2 . The public convenience, use and necessity demand that the City condemn the Property in order to acquire an easement for parks and recreation purposes, including improvements for drainage, trails or pathways, sidewalks, landscaping, _ illumination, electrical facilities, utility adjustments and relocations, and any other municipal purposes that may become necessary from time to time on the Property. Section 3 . The City shall condemn the Property only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. 1 I i i li iI Section 4 . The City shall pay for the entire cost of the �Iacquisition by condemnation provided for in this Ordinance from ii ;; the city Is Green River Trail Fund or, if necessary, any of the 1� City' s general funds, as may be provided by law. ii li i' Section 5. The City authorizes and directs the City Attorney iito commence those proceedings provided by law that are necessary ii !lto condemn the Properties. In conducting the condemnation !! proceedings, the City authorizes the City Attorney to enter into stipulations in order to minimize damages, which stipulations may i include, but not be limited to, size and dimensions of the !; Properties, construction easements and other property interests. Section 7 . Any acts consistent with the authority and prior to the effective date of this Ordinance are ratified and confirmed. Section 2 . Severability. The provisions of this ordinance : are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion o ;! this ordinance, or the invalidity of the application thereof to ! any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to ,; other persons or circumstances. ii Section 6. This Ordinance shall take effect and be in force Ilthirty (30) days from and after its passage, approval an publication as provided by law. DAN KELLEHER, MAYOR j 2 ffi I' I� �I Ili II 1 �i ; ; ATTEST: I BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1992 . APPROVED the day of , 1992 . PUBLISHED the day of 1992 . 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 hereon indicated. BRENDA JACOBER, CITY CLERK 3 i NORTHWESTERN _ TITLE A Minnesota Fide Company EXHIBIT "A" Lot 40 of HORSESHOE ACRE TRACTS TO KENT , as per plat recorded in Volume 15 of Plats , on page 10 , records of King County ; TOGETHER WITH vacated street , Alder Lane , East of Maple Lane property line and West of the Green River Property line ; EXCEPT the following described portion lying South of an existing fence line ; Beginning at the Southwest corner of said Lot 40 ; thence North 5 . 70 feet to an existing fence line ; thence North 89046 ' 00" East along said fence line 561 . 00 feet , more or less , to the Easterly margin of said Lot 40 ; thence Southerly along said Easterly margin to a point on the South line of Lot 40 ; thence South 89036 ' 16" West along said South line of Lot 40 , 561 . 40 feet to the true point of beginning ; Situate in the City of Kent , County of King , State of Washington . END OF EXHIBIT "A" NT050618/ 1125 Pagel oFI NORTHWESTERN TITLE A Mlnnemf Title Company EXHIBIT Tract 25 of HORSESHOE ACRE TRACTS TO KENT , as per plat recorded in Volume 15 of Plats , on page 10 , records of King County; EXCEPT the West 550 . 00 feet thereof; Situate in the City of Kent , County of King , State of Washington . END OF EXHIBIT "B" NT050619/1125 Page ( Orl a Kent City Council Meeting " Date January 19 , 1992 Category Consent Calendar 1. SUBJECT: 1993 CITY ART PLAN 2 . SUMMARY STATEMENT: Approval of the 1993 City Art Plan which outlines public art projects in general terms for 1993-1997 and lists specific projects for 1993 . 1993 projects include downtown murals, purchases for the City' s portable works collection and outdoor artworks for East Hill and West Hill parks. These projects are funded by Ordinance 2552 which allocates $2 per capital per year for public art in Kent. 3 . EXHIBITS: 1993 City Art Plan 4 . RECOMMENDED BY: Kent Arts Commission Parks Committee (2-0 Bennett absent but approved consent calendar) (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: 1993 CityArt Fund - Ordinance No. 2552 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agena Item No. 3E CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION 1993 CITY ART PLAN r ESTIMATED PROJECTS COST Downtown Murals $ 11,465 City Artwork Collection Purchases 3,000 East Hill and West Hill Parks Projects 28,000 Subtotal $ 42,465 OTHER EXPENSES Maintenance/Contingency $ 51268 Administration 25,743 Supplies 661 Artist Design Fee and Honorariums 57000 Postage and Printing 1,463 Subtotal $ 38, 135 Total $ 80,600 CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION 1993 CITY ART PLAN Project Title: Downtown Murals Project Description: Continuation of the very successful downtown mural program. Murals are painted in the downtown area through partnerships between the City and local businesses. The Arts Commission will manage mural projects with businesses and/or downtown building owners who renovate their buildings and/or keep their buildings in excellent repair. Long term wall lease agreements (5 to 10 year) are signed with building owners. The murals are designed by artists and painted on the buildings by sign companies or when appropriate, painted by mural artists. The original artwork will become part of Kent's portable works collection and will be displayed in Kent public buildings. A city center art/mural walking tour route has been developed and includes map of downtown with mural locations high- lighted and mural signage. This project includes funds for installation of a mural at the new police station created through an artist in residence program at the Kent Corrections Facility and Neely-O'Brien Elementary. Estimated Costs: 1993 Total $11,465 $11,465 Funding Source: City Art Fund Background: Kent is now home to ten downtown murals. Murals are both pedestrian and auto oriented; they can be viewed from a car but by placing a group of murals within walking distance, pedestrian traffic is created. Factors Supporting Project: 1 . A group of downtown murals will create an outdoor gallery atmosphere and enhance downtown and create foot traffic. 2. The Mural Program will provide incentive for downtown building owners to keep their buildings in good repair. 3. A walking tour of murals and art will bring "cultural tourists" to Kent. CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION 1993 CITY ART PLAN Project Title: City Artwork Collection Purchases Canterbury Faire Juried Show and/or Other Regional Juried Show Proiect Description: Purchase of significant interior movable artworks from the Kent Canterbury Faire Juried Fine Art Show and/or other regional juried art shows. The artworks will be hung in public areas of Kent public buildings. Estimated Costs: 1993 Total $3,000 $3,000 Funding Source: City Art Fund Background: The City of Kent Arts Commission has established a collection of movable artworks that include paintings, prints, weavings, and other works. The continuing expansion of City office space has increased the demand for portable artworks for public areas. Factors Supporting Project: 1 . Artworks in public areas contribute to a successful and positive city image. 2. Visual artworks truly enhance public spaces. CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION 1993 CITY ART PLAN Project Title: East Hill and West Hill Parks Projects Project Description: A professional artist — or artists will create functional artworks for parks such as park benches and/or play sculpture for children. Sponsorships for these projects will be sought by the Kent Arts Commission. It is planned that $1,500 can be raised and that amount is listed in the Kent Arts Commission budget. Estimated Costs: 1993 Total $28,000 $28,000 Funding Source: City Art Fund Background: Art is needed in the City's neighborhood parks. Additionally, many parks have a shortage of play equipment. Factors Supporting Project: 1. Artwork will enhance and encourage neighborhood pride in parks. 2. Artworks often become landmarks in the areas and neighborhoods where they are installed. 3. This project would make another artwork accessible to East Hill and West Hill residents. 4. Coordinating artworks at East and West Hill parks will be a unifying factor. CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION CITY ART PLAN 1993-1997 Projects Cost 1993 Mural Partnership $ 11 ,465 City Artwork Collection 3,000 East Hill and West Hill Parks Project $28,000 Administration/Maintenance/Contingency 38,135 APPROXIMATE $ 80,600 YEAR TOTAL 1994 Mural Partnership $ 12,000 City Artwork Collection 3,000 Play Sculpture 20,000 Banner Replacement 3,500 Green River Trail Artwork (carry over) 10,500 Administration/Maintenance/Contingency 38,000 APPROXIMATE $ 87,000 YEAR TOTAL 1995 Green River Trail Artworks $ 24,000 (34,500 project) Mural Partnership and Maintenance 227000 City Art Collection 31000 Administration/Maintenance/Contingency 38,000 APPROXIMATE $ 87,000 YEAR TOTAL Approximate year total amounts are based on population growth and revenue projected by the Finance Department. Adjustments will be made based on the amount actually available that year. 1996 Mural Partnership and Maintenance $ 222000 City Artwork Collection 31000 Performing Arts Center (carry over) 13,000 ture Sculpture Park (carry over) 11,000 Administration/Maintenance/Contingency 38,000 APPROXIMATE $ 87,000 YEAR TOTAL 1997 Nature Sculpture Park $ 17,000 (28,000 project) Performing Arts Center 17,000 (30,000 project) Mural Partnership 12,000 City Artwork Collection 3,000 Administration/Maintenance/Contingency 38,000 APPROXIMATE $ 87,000 YEAR TOTAL City of Kent, Washington Kent City Council Meeting Date Category 1 . SUBJECT: GREEN RIVER TRAIL CONDEMNATION ORDINANCE "2 . SUMMARY STATEMENT: All easements, with exception of one, have been obtained for the Green River Trail project. Assistant City Attorney Tom Brubaker has drafted a condemnation ordinance for the one parcel and will make a presentation at the Parks Committee meeting. 3 . EXHIBITS • Will be available at the meeting. 4 . RECOMMENDED BY: 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: Kent City Council Meeting Date January 19, 1992 Category Consent Calendar 1. SUBJECT: REAPPOINTMENT TO DRINKING DRIVER TASK FORCE 2 . SUMMARY STATEMENT: Con 1rmation of the Mayor' s reappoint- ment of Jim Sawyers as a ember of the Drinking Driver Task Force. His reappointment will continue to 1/1/96 . 3 . EXHIBITS: Memo from the Mayor 4 . RECOMMENDED BY: Mayor Kelleher - (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS' 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: -- Council Agenda Item No. 3F X MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL ME BE FROM: DAN KELLEHER, MAYOR DATE: JANUARY 6, 1993 SUBJECT: REAPPOINTMENT OF JIM SAWYERS TO DRINKING DRIVER TASK FORCE I have recently reappointed Jim Sawyers as a member of the Kent Drinking Driver Task Force. Mr. Sawyers' reappointment will continue to 1/1/96. I submit this for your confirmation. DK:jb �� j ;� Kent City Council Meeting 1 Date January 19 , 1992 Category Consent Calendar 1. SUBJECT: LID 333 - TRAFFIC SIGNAL AT 72ND AVE. S. AND S. 180TH ST. 2 . SUMMARY STATEMENT: Adoption of Ordinance confirming the Final Assessment Roll for LID 333 . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Council Meeting 1/5/93 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3G 4K ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving and confirming the assessments and the assessment roll of Local Improvement District 333 , which has been created and established for the purpose of installing a traffic signal at the intersection of 72nd Avenue South and South 180th Street; all as provided in Ordinance 2780; and the levying and assessing the amount thereof against several lots, tracts, parcels of land, and the properties shown on the roll. WHEREAS, the assessment roll levying the special assessments against the properties located in Local Improvement District No. 333 have been filed with the Clerk of the City of Kent, as provided by law; and WHEREAS, notice of the time and place of hearing thereon and of making objections and protests as to the roll was duly published at and for the time and in the manner provided by law, fixing a time and place of hearing therefor for the 5th day of January, 1993 at the hour of 7 o' clock p.m. in the Council Chambers of the City Hall in the City of Kent, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, the Council held such public hearings and considered all written and verbal testimony before it; and WHEREAS, the Council finds that the lots, tracts, parcels of land, and other properties within LID 333 are specially benefitted by the improvements in at least the amount charged against the same; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The assessments and the assessment roll of Local Improvement District No. 333 which has been created and established for the purpose of installing a traffic signal at the intersection of 72nd Avenue South and South 180th Street be and the same is hereby in all things and respects approved and confirmed in the total amount of $118,785. 08 . The costs of the total project is $118,785. 08 . A copy of the assessment roll is attached as Exhibit A and incorporated herein by this reference. Section 2 . Findings. Each of the lots, tracts, parcels of land, and other properties shown upon the roll is hereby determined and declared to be specifically benefitted by the improvements in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing on the roll. There is hereby levied and assessed against each lot, tract, parcel of land, and other property appearing on the roll the amount finally charged against the same thereon. Section 3 . The assessment roll as approved and confirmed shall be filed with the Supervisor of Treasury Accounting of the City of Kent for collection, and the Supervisor of Treasury Accounting is hereby authorized and directed to publish notice as required by law stating that the roll is in his/her hands for collection and payment of any assessment thereof or any portion of 2 that assessment can be made at any time within thirty (30) days from the date of the first publication of the notice without penalty, interest or cost, and that thereafter the sum remaining unpaid shall be paid in fifteen (15) equal installments with interest at an estimated rate of 8% per annum with the exact interest rate to be fixed in the ordinance authorizing issuance and sale of the LID bonds for LID 333 . The first installments of assessments on the assessment roll shall become due and payable during the thirty (30) days succeeding the date one (1) year after the date of the first publication by the Supervisor of Treasury Accounting of notice that the assessment roll is in his/her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the whole unpaid balance, shall be collected. Any installment not paid prior to the expiration of the thirty (30) day period during which sum installment is due and payable shall thereupon become delinquent. All delinquent installments shall be subject to a charge of interest at the rate as determined above and for an additional charge of 9% percent penalty levied upon both principal and interest due upon such installment or installments. The collection of such delinquent installments will be enforced in the manner provided by law. Section 4 . Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. 3 Section 5. Effective Date. This ordinance shall take effect and be in force thirty days after its passage, approval and publication. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1993 . APPROVED the day of 1993 . PUBLISHED the day of , 1993 . 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 LID333.ord 4 L.I.D. 333 12-08-92 72ND AVENUE S. AND S. 180TH STREET TRAFFIC SIGNAL FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 1. A & H Company $ 8,882.14 P.O. Box 2547 Kirkland, WA 98033 Tax Lot 9, Henry Adams D C No. 43. Portion of D C lying between S. 180th Street and S. 182nd Street and between SR 181 and 72nd Avenue South less portion of northwesterly of U turn route. 000020-0009 2. Paul Rehn $ 4,681.75 7011 South 182nd Street Kent, WA 98031 Lots 13-14-15, Orillia Garden TRS less state highway. Volume 26 of Plats, Page 7. 640760-0130 3. Cam Industries, Inc. 5 6,311.95 18250 68th South Kent, WA 98032 Lots 5 through 12, Orillia Garden TRS less roads. Volume 26 of Plats, Page 7. Lot 16, Orillia Garden TRS. Volume 26 of Plats, Page 7. 640760-0050 & 640760-0160 4. Thomas A. Barghausen $ 4,980.81 18215 72nd S. Kent, WA 98032 Lot 17, Orillia Garden TRS, together with portion of Lot 18 lying west of 72nd Ave. So. conveyed to City of Kent under Recording No. 8612181092 also known as Lot A of City of Kent lot line adjustment No. 87-5 Recording No. 870223005 and 8705180793, Volume 26 of Plats, Page 7. 640760-0170 5. Equitable W. Valley Business $ 10,471.37 c/o George McElroy & Assoc. Inc. P.O. Box 565048 Dallas, TX 75356 Lot 1, Uplands West Valley Ind. Park less street. Volume 95 of Plats, Pages 85/87. 883660-0010 - 1 - EXHIBIT A 12-08-92 L.I.D. 333 72ND AVENUE S. AN SS.IGNAL TH STREET TRAFFINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT DESCRIPTION AMOUNT NO. 6. G D M Associates $ 2,417.08 3526 Magnolia Blvd. West Seattle, WA 98199 Tract B less street of City of Kent Short Plat No. SP 77-40 Rec Aud No. 7803160663 Uplands West Valley Industrial Park S.P. No. 4. Also known as portion SPC 77-37. 883660-0021 7. GDM & Assoc. $ 2,791.53 . 3526 Magnolia Blvd. West Seattle, WA 98199 Tract A of City of Kent Short Plat No. SP 77-40 Recording No. 7803160663 Uplands west Valley Industrial Park S.P. No. 4. Also known as portion SPC 77-37. 883660-0020 8. William & Patricia Feldman $ 9,253.94 11400 Ayrshire Rd. Los Angeles, CA 90049 Lots 1-2-3 and Lots 20-21, Orillia Garden TRS. All Lots 1-2-3 and 20 together with southerly 141.32 feet of Lot 21. Volume 26 of Plats, Page 7. 640760-0010 9. William & Patricia Feldman $ 877.14 11400 Ayrshire Rd. Los Angeles, CA 90049 Lot 4, Orillia Garden TRS less road. Volume 26 of Plats, Page 7. 640760-0045 10. Puget Sound Power & Light Co. $ 675.40 P.O. Box 868 Bellevue, WA 98009 That portion of Lot 18, Orillia Garden lying east of 72nd Ave. So. as conveyed to City of Kent under Recording No. 8612181092 also known as Lot B of City of Kent lot line adjustment No. 87-5, Recording No. 870223005 and 8705180793 (TCNO 17-344), Volume 26 of Plats, Page 7. 640760-0180 2 _ 12-08-92 L.I.D. 333 72ND AVENUE S. AND S. 180TH STREET TRAFFIC SIGNAL FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 11. Elisa A. Sagisi $ - 2,206.81 7205 S. 182nd Street Kent, WA 98032 Lot 19, Orillia Garden TRS, less road. Volume 26 of Plats, Page 7. 640760-0190 12. Puget Sound Power & Light $ 1,466.57 P.O. Box 868 Bellevue, WA 98009 Lot 21, Orillia Garden TRS less southerly 141.32 feet. Volume 26 of Plats, Page 7. 640760-0200 13. Centerpointe 3 30,943.47 c/o Management Northwest Inc. P.O. Box 6309 Lynnwood WA 98036 Portion of Tax Lot 12, Henry Adams Donation Claim No. 43. Beginning intersection North margin of S. 182nd St. with East margin of 72nd Ave. S. in Northwest 1/4 of Section 36-23-4 thence North along said East margin 653.45 feet thence East to West margin of PSE right of way thence South along said right of way to North margin of S. 182nd St. thence West to Point of Beginning less street. AND ALSO Tax Lot 8, Henry Adams D C No. 43. West 60 feet of east 915.75 feet of south 120 feet of north 150 feet of D C less street. 000020-0008 and 000020-0012 14. Crow West Valley Association $ 2,375.50 P.O. Box 97022 Bellevue, WA 98009 Lot 4 Uplands West Valley Industrial Park. Volume 95 of Plats, pgs. 85/87 883660-0040 3 - 12-08-92 L.I.D. 333 72ND AVENUE S. AND S. 180TH STREET TRAFFIC SIGNAL FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 15. Western Pipe & Supply Co. $ 4,006.73 16200 S. Figueroa St. Gardena, CA 92048 Lot 3 Uplands West Valley Industrial Park. Volume 95 of Plats, pgs. 85/87 883660-0030 16. John T. & Dorothy S. Toland $ 499.82 P.O. Box 228 Medina, WA 98039 Parcel B of Hill's South 188th Street Short Plat, #SP 75-18, Recording No. 7601120342, said plat defined as follows: Lot 5, Uplands West Valley Industrial Park. Vol . 95, pgs. 85/87. Also known as portion SPC 75-17. 883660-0055 17. Clise Agency, Inc. $ 197.00 Attn: Vicki Odal Music Hall Theatre 200 Securities Bldg. Seattle, WA 98101 That portion of Parcel A of Hill's South 188th Street Short Plat, #SP 75-18, Recording No. 7601120342, said plat defined as follows: Lot 5, Uplands West Valley Industrial Park, portion Parcel A defined as follows: West 29 feet of East 219 feet Lot 5. Vol . 95, pgs. 85/87. Also known as portion SPC 75-17. AND ALSO That portion of Parcel A of Hill's South 188th Street Short Plat, #SP 75-18, Recording No. 7601120342, said plat defined as follows: Lot 5, Uplands West Valley Industrial Park, portion Parcel A defined as follows: Lot 5 less East 219 feet. Vol . 95, pgs. 85/87. Also known as portion SPC 75-17. 883660-0051 and 883660-0050 18. Keller Enterprises, Inc. $ 1,397.09 888 SW St., Suite 1220 Portland, OR 97204 Lots 6, 7, and 8, Uplands West Valley Industrial Park. All Lots 6 & 7 together with West 100 feet Lot 8. Vol. 95, pgs. 85/87. 883660-0060 4 - 12-08-92 L.I.D. 333 72ND AVENUE S. AND S. 180TH STREET TRAFFIC SIGNAL FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 19. Bankcal Agent TSA OPS $ 671.85 Property #994001B46 P.O. Box 45188 San Francisco, CA 94145 Parcel 2 of Uplands West Valley Short Plat, #SP 77-25, Recording No. 7710030576, said plat defined as follows: Lot 8 less Westerly 100 feet of Uplands West Valley Industrial Park. Vol. 95, pgs. 85/87. Also known as portion SPC 77-23. 883660-0081 20. John W. & Saundra J. Ruth S 728.64 19406 102nd Ave. S.E. Renton, WA 98055 Parcel 1 of Upland's West Valley Short Plat, #SP 77-25, Recording No. 7710030576, said plat defined as follows: Lot 8 less Westerly 100 feet of Uplands West Valley Industrial Park. Vol . 95, pgs. 85/87. Also known as portion SPC 77-23. 883660-0080 21. Nick Westlund $ 1,295.41 Charles Street Associates Box C 14135 Seattle, WA 98114 Lot 2 of Uplands West Valley Short Plat III, #SP 77-31, Recording No. 7712290890, said plat defined as follows: Lot 9, Uplands West Valley Industrial Park. Vol . 95, pgs. 85/87. Also known as portion SPC 77-29. 883660-0095 22. Edward L. Fisher $ 713.20 1700 92nd N.E. Bellevue, WA 98004 Lot 1 of Uplands West Valley Short Plat III, #SP 77-31, Recording No. 7712290890, said plat defined as follows: Lot 9, Uplands West Valley Industrial Park. Vol . 95, pgs. 85/87. Also known as portion SPC 77-29. 883660-0090 5 - 12-08-92 L.I.D. 333 72ND AVENUE S. AND S. 180TH STREET TRAFFIC SIGNAL FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 23. Pacific Mutual Life Ins. Co. $ ' 2,329.74 PMRA Tax Coord. RED 240-14 P.O. Box 8580 Newport Beach, CA 92658 Lot 4 of Uplands West Valley Short Plat, #SP 77-13, Recording No. 7706300897, said plat defined as follows: Lots 10 & 17, Uplands West Valley Industrial Park. Vol . 95, pgs. 85/87. Also known as portion SPC 77-12. 883660-0100 24. Alex Rivily $ 1,219.84 411 Seneca Ct. NW Renton, WA 98055 Lots 11 and 12 Uplands West Valley Industrial Park. Lot 11 together with Easterly 50.68 feet Lot 12. Vol . 95, pgs. 85/87. 883660-0110 25. West Valley Dist. Assoc. I $ 225.36 Nick Westlund P.O. Box C 14135 Seattle, WA 98114 Lots 12 and 13 Uplands West Valley Industrial Park West 291.32 feet Lot 12 together with Lot 13. Vol . 95, pgs. 85/87. 883660-0130 26. Sammis PCA Partners $ 54.39 The Sammis Company 17922 Fitch Ave., Ste. 100 Irvine, CA 92714 Lots 14 and 15 Uplands West Valley Industrial Park Lot 14 together with Westerly 264.08 feet Lot 15. Vol . 95, pgs. 85/87. 883660-0140 27. Matson/O'Neil Property $ 1,291.33 c/o R. J. Hallissey Co. Inc. 12835 Bel-Red Rd., Ste 140 Bellevue, WA 98005 Lots 15 and 16, Uplands West Valley Industrial Park Lot 15 less Westerly 264.08 feet together with all Lot 16. Vol . 95, pgs. 85/87. 883660-0150 and 883660-0160 6 - 12-08-92 L.I.D. 333 72ND AVENUE S. AND S. 180TH STREET TRAFFIC SIGNAL FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 28. Aronson Investment Co. $ ' 966.53 c/o Seattle Pacific Realty 1904 3rd Ave., #710 Seattle, WA 98101 Portion Lots 10 & 17 Uplands West Valley Industrial Park, portion of Lot 1 together with all Lot 2, together with portion of Lot 3 of Kent Short Plat No. 77-13 Recording No. 7706300897 said short plat defined as follows - Lots 10 and 17 of Uplands West Valley Industrial Park --- lots adjusted to following: Beginning at Southwest corner said Lot 10 said point also being beginning of curve to right having radius bearing North 86-44-04 East distance 908.22 feet; thence Northerly along said curve to right and along Westerly line of said Lot 10 thru central angles 6-00-54 arc distance 95.35 feet; thence South 89-28-07 East distance 414.44 feet; thence South 02-44-58 West distance 195 feet; thence North 87-15-02 West distance 404.20 feet more or less to a point on West line said Lot 17 said point being beginning of non-tangent curve to left having radius bearing North 87-58-03 West distance 908.22 feet; thence Northerly along said curve left and along said West line thru central angles 5-17-53 arc distance 83.98 feet to point of beginning. Vol . 95, pgs. 85/87. Also known as Lot B of Shinstrom and Aronson City of Kent lot line adjustment Recording No. 8101190586. 883660-0102 29. Pacific Western Properties $ 1,012.96 19016 72nd Ave. So. Kent, WA 98032 Lot 17, Uplands West Valley Industrial Park portion of Lots 1 & 3 of Kent Short Plat No. 77-13 Recording No. 7706300897 said short plat defined as follows - Lots 10 & 17 of Uplands West Valley Industrial Park --- lots adjusted to following: Beginning at Southwest corner of Lot 17; thence along West line said Lot 17 North 2-44-58 East distance 263.63 feet to beginning of tangent curve to left having radius of 908.22 feet; thence along said curve to left and along said Westerly line of said Lot 17 thru central angles of 0-43-01 arc distance of 11.36 feet; thence South 87-15-02 East distance of 404.20 feet; thence South 2-44-58 West distance of 33.78 feet more or less; thence North 87-15-02 West distance of 32.42 feet said point being beginning of non-tangent curve to right having radius bearing North 57-53-39 West distance 359.27 feet; thence Southwesterly along said curve thru central angles of 69-04-29 arc of 432.69 feet; thence along South line said Lot 17 North 88-49-10 West distance of 42.60 feet to point of beginning, also known as Lot A of City of Kent lot line adjustment for Shinstrom & Aronson City of Kent lot line adjustment Recording No. 8101190566. Vol . 95, pgs. 85/87. 883660-0170 7 - 12-08-92 L.I.D. 333 72ND AVENUE S. AND S. 180TH STREET TRAFFIC SIGNAL FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT DESCRIPTION AMOUNT NO. 30. Equitec RE Investors F XVI $ 2,333.39 Hallwood Management Co. 617 Industry Dr. Tukwila, WA 98104 Portion of Henry Adams Donation Claim #43, Tax Lot 37, Lot 1, Short Plat of Uplands 72nd Ave. S. Industrial Park, #SPC 74-10, recorded under Auditor's File #7412130463 together with vacated street adjustment. 000020-0037 31. Equitec RE Investors F XVI $ 1,923.15 Hallwood Management Co. 617 Industry Dr. Tukwila, WA 98104 Portion of Henry Adams Donation Claim #43, Tax Lot 42, Lot 2, Short Plat Uplands 72nd Ave. S. Industrial Park, #SPC 74-10, recorded under Auditor's File #7412130463. 000020-0042 32. Sammis PCA Partners $ 236.76 The Sammis Company 17922 Fitch Ave., Ste 100 Irvine, CA 92714 Portion of Henry Adams Donation Claim #43, Tax Lot 40, Lot 3, Short Plat of Uplands 72nd Ave. S. Industrial Park, #SPC 74-10, recorded under Auditor's File #7412130463. 000020-0040 33. Akhil R. Shah $ 2,985.37 14 W. Roy St. Seattle, WA 98119 That portion of the north half of the northwest quarter of Section 1, Township 22 North, Range 4 East, W.M. and of the southwest quarter of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington as described as follows: Beginning at a point on the north line of said Section 1 which is North 88°46'14" West 1380.72 feet from the north quarter section corner thereof; Thence continuing, along said north line, 40.01 feet to an intersection with the southerly production of the westerly right-of-way margin of 72nd Avenue South according to the plat of Upland's West Valley Ind. Park, as recorded in volume 95 of Plats, pages 85 through 87, records of King County, Washington, and the TRUE POINT OF BEGINNING of the herein described parcel ; Thence North.02°44'58" East, along said right-of-way, produced south, 30.01 feet to an intersection with the north line of the south 30 feet of 8 12-08-92 L.I.D. 333 72ND AVENUE S. AND S. 180TH STREET TRAFFIC SIGNAL FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT the southwest quarter of said Section 36; Thence South 01'53'46" West 350.20 feet; Thence South 88'46'14" East, parallel with the north line of said Section 1, a distance of 674.97 feet, more or less, to the westerly margin of a 60 foot strip of land conveyed to the City of Kent for roadway purposes by document recorded under King County Recording No. 8709180746; Thence North 01'04'46" East, along said westerly margin, 320.20 feet to the an intersection with the north line of said Section 1; Thence North 88'46'14" West, along said north line, to the TRUE POINT OF BEGINNING. Also known as portions of Tracts 5 through 9, of Highway Home Garden Tracts according to the unrecorded plat thereof, including the northerly 30 feet of said unrecorded plat formerly reserved for roads, and portions of South 192nd Street as vacated by City of Kent Ordinance No. 2748. Also known as portion of Kent LLA 87-20 revised, approved 12-30-87. 331060-0166 34. Victor & Otilia Zonnefeld $ 3,055.49 3016 161st Street SE Bellevue, WA 98008 That portion of the south 357.80' of the north 678.00' of the NW4 of Section 1-22-4 lying westerly of 72nd Ave. So. except west 565'. Also known as portion of Tracts 5 through 9 of Highway Home Garden Tracts unrecorded - also known as portion of Kent LLA #87-20 revised, approved 12-30-87. 331060-0025 35. Boeing Company S 1,668.17 P.O. Box 3707 M/S 1F-09 Seattle, WA 98124 Portion of Lots 3 through 5. Highway Home Garden Tracts unrecorded portion of northwest 1/4 of Section 01, Township 22, Range 04 defined as follows - Beginning at a point on north line of said subdivision North 88'46'14" West 1350.72 feet from north 1/4 corner thereof said point being on east margin of 72nd Ave. So. and True Point of Beginning; Thence South 01'53'46" West along said east margin 339 feet; Thence South 88'46'14" East 414.32 feet to west margin of PSE Railroad right-of-way; Thence North 01'04'46" East along said right-of-way 338.98 feet to north line of said subdivision; Thence North 88'46'14" West along said north line 409.49 feet to True Point of Beginning less Drainage District No. 1 - also known as portion of Lots 3 through 5 of Highway Home Garden Tracts unrecorded less Drainage Ditch I together with vacated streets adjusted - also known as portion of Kent lot line adjustment No. 87-20 revised, approved 12-30-87. 331060-0165 - 9 - 12-08-92 L.I.D. 333 72ND AVENUE S. AND S. 180TH STREET TRAFFIC SIGNAL FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 36. Boeing Company $ ' 1,635.38 P.O. Box 3707 M/S 1F-09 Seattle, WA 98124 Portion of Lots 3-4-5, Highway Home Garden Tracts unrecorded beginning at a point of intersection between north line of Section 01-22-04 and east margin of 72nd Ave. So.; Thence easterly along said north line to west margin of PSE Railroad; Thence Southerly 89'22'0" West to east margin of said 72nd Ave. So. ; Thence northerly along said east margin to point of beginning less portion for Drainage District #1 and less portion northerly of line defined as follows - Beginning at a point of intersection between north line of said section and west line of PSE Railroad; Thence southerly along said west line 338.98 feet to True Point of Beginning said described line; Thence North 88046'14" West to east margin of 72nd Ave. So. & Terminus said described line - also known as portion of Tracts 3-4-5 of Highway Home Garden Tracts unrecorded - also known as portion of Kent LLA #87-20. Revised 12-30-87 331060-0100 L.I.D. TOTAL $118,785.08 0994E-37E 10 - n Kent City council Meeting Date January 19 , 1992 Category Consent Calendar 1. SUBJECT: LID 339 - HILLTOP AVENUE SANITARY SEWER 2 . SUMMARY STATEMENT: Adoption of Ordinance -302� confirming the Final Assessment Roll for LID 333 . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Council Meeting 1/5/93 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3H ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving and confirming the assessments and the assessment roll of Local Improvement District 339 , which has been created and established for the purposes of installing a sanitary sewer to ten (10) previously unsewered properties on Hilltop Avenue 900 feet to 1400 feet north on James Street; all as provided in Ordinance 2982 ; and the levying and assessing the amount thereof against several lots, tracts, parcels of land, and the properties shown on the roll. WHEREAS, the assessment roll levying the special assessments against the properties located in Local Improvement District No. 339 have been filed with the Clerk of the City of Kent, as provided by law; and WHEREAS, notice of the time and place of hearing thereon and of making objections and protests as to the roll was duly published at and for the time and in the manner provided by law, fixing a time and place of hearing therefor for the 5th day of January, 1993 at the hour of 7 o'clock p.m. in the Council Chambers of the City Hall in the City of Kent, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner shown on the roll ; and WHEREAS, the Council held such public hearings and considered all written and verbal testimony before it; and WHEREAS, the Council finds that the lots, tracts, parcels of land, 'and other properties within LID 339 are specially benefitted by the improvements in at least the amount charged against the same; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The assessments and the assessment roll of Local Improvement District No. 339 which has been created and established for the purpose of installing a sanitary sewer to ten (10) previously unsewered properties on Hilltop Avenue 900 feet to 1400 feet north on James Street, as shown on Exhibit A, attached hereto and incorporated herein by this reference, be and the same is hereby in all things and respects approved and confirmed in the total amount of $72 , 986 . 50 . The costs of the total project is $97,986. 50 . A copy of the assessment roll is attached as Exhibit B and incorporated herein by this reference. City funding contribution to this project amounts to $25, 000. 00 . Section 2 . Findings. Each of the lots, tracts, parcels of land, and other properties shown upon the roll is hereby determined and declared to be specifically benefitted by the improvements in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing on the roll. There is hereby levied and assessed against each lot, tract, parcel of land, and other property appearing on the roll the amount finally charged against the same thereon. Section 3 . The assessment roll as approved and confirmed shall be filed with the Supervisor of Treasury Accounting of the City of Kent for collection, and the Supervisor of Treasury 2 Accounting is hereby authorized and directed to publish notice as required by law stating that the roll is in his/her hands for collection and payment of any assessment thereof or any portion of that assessment can be made at any time within thirty (30) days from the date of the first publication of the notice without penalty, interest or cost, and that thereafter the sum remaining unpaid shall be paid in fifteen (15) equal installments with interest at an estimated rate of 8% per annum with the exact interest rate to be fixed in the ordinance authorizing issuance and sale of the LID bonds for LID 339 . The first installments of assessments on the assessment roll shall become due and payable during the thirty (30) days succeeding the date one (1) year after the date of the first publication by the Supervisor of Treasury Accounting of notice that the assessment roll is in his/her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the whole unpaid balance, shall be collected. Any installment not paid prior to the expiration of the thirty (30) day period during which sum installment is due and payable shall thereupon become delinquent. All delinquent installments shall be subject to a charge of interest at the rate as determined above and for an additional charge of 9% percent penalty levied upon both principal and interest due upon such installment or installments. The collection of such delinquent installments will be enforced in the manner provided by law. 3 Section 4 . Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This ordinance shall take effect and be in force thirty days after its passage, approval and publication. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1993 . APPROVED the day of 1993 . PUBLISHED the day of , 1993 . I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the City of 4 Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK LID339.ord 5 ! a ! 1 eufi I j I Li �I sz. azs I 9I7 1 I I ! � J o ; = J I-I E. ✓AMES ST. I PROPOSED SANITARY SEWER L.I . D . FOR HILLTOP AVE • * SIGNED L.I.D. PETITION L.I.D. BOUNDARY 0 ASSESSMENT NUMBER EXHIBIT A 1-10-Q1 11-25-92 L.I.D. 339 HILLTOP AVENUE SANITARY SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT N0. DESCRIPTION AMOUNT 817 Nile Towery $7,298.65 817 Hilltop Ave. N. Kent, WA 98031 Lot 1, Block 1, Walker's 2nd Addition to Kent, as recorded in Vol . 62 of Plats, Page 80, records of King Co., Washington 912250-0010 826 C. A. Cushman $7,298.65 826 Hilltop Ave. N Kent, WA 98031 Lot 1, Block 2, Walker's 2nd Addition to Kent, as recorded in Vol . 62 of Plats, Page 80, records of King Co., Washington 912250-0070 827 James L. Bevilacqua $7,298.65 827 Hilltop Ave. N. Kent, WA 98031 Lot 2, Block 1, Walker's 2nd Addition to Kent, as recorded in Vol . 62 of Plats, Page 80, records of King Co., Washington 912250-0020 835 John I. Hale $7,298.65 835 Hilltop Ave. N. Kent, WA 98031 Lot 3, Block 1, Walker's 2nd Addition to Kent, as recorded in Vol . 62 of Plats, Page 80, records of King Co., Washington 912250-0030 836 Lenora C. Doherty $7,298.65 836 Hilltop Ave. N. Kent, WA 98031 Lot 2, Block 2, Walker's 2nd Addition to Kent, as recorded in Vol . 62 of Plats, Page 80, records of King Co., Washington 912250-0080 843 Mark & Rebecca Bailey $7,298.65 843 Hilltop Ave. N. Kent, WA 98031 Lot 4, Block 1, Walker's 2nd Addition to Kent, as recorded in Vol . 62 of Plats, Page 80, records of King Co., Washington 912250-0040 1 - EXHIBIT A 11-25-92 L.I.D. 339 HILLTOP AVENUE SANITARY SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 846 Ralph N. Fischer $7,298.65 846 Hilltop Ave. N. Kent, WA 98031 Lot 3, less north 10 feet, Block 2, Walker's 2nd Addition to Kent, as recorded in Vol . 62 of Plats, Page 80, records of King Co., Washington 912250-0090 851 David C. Durand $7,298.65 851 Hilltop Ave. N. Kent, WA 98031 Lot 5, Block 1, Walker's 2nd Addition to Kent, as recorded in Vol . 62 of Plats, Page 80, records of King Co. , Washington 912250-0050 852 Robert M. & LaVerne A. Rhodes $7,298.65 9069 Gainsborough Ave. San Diego, CA 92129 Lot 4 and north 10 feet of Lot 3, Block 2, Walker's 2nd Addition to Kent, as recorded in Vol . 62 of Plats, Page 80, records of King Co., Washington 912250-0091 859 P. R. Bennett $7,298.65 859 Hilltop Ave. N. Kent, WA 98031 Lot 6, Block 1, Walker's 2nd Addition to Kent, as recorded in Vol. 62 of Plats, Page 80, records of King Co., Washington 912250-0060 L.I.D. TOTAL ASSESSMENTS: $72,986.50 1238E-37E - 2 - Kent City Council Meeting Date January 19 , 1992 Category Consent Calendar 1. SUBJECT: PLUMBING FEES SCHEDULE RESOLUTION 2 . SUMMARY STATEMENT: Adoption of Resolution BL11 relating to a schedule of fees for plumbing permits as published in the 1991 edition of the Uniform Plumbing Code required by the Kent City Code. The City budget has referenced the adoption of these fees. This resolution will adopt the charges for the various permits issued by the Code Enforcement Division of the Fire Department. The only change to the fee schedule will be the plumbing permits. The charges will be in accordance to the fee schedule from the 1991 edition of the Uniform Plumbing Code. The projected annual revenue is subject to changes in growth. Indications are that there will be slow but continual growth. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Public Safety Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO /< 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. 3I JC RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting a revised schedule of fees for permits under the Plumbing Code, as authorized by Ordinance 3052, Kent City Code Section 14 . 06. 010. WHEREAS, the City of Kent, in its Ordinance 3052, adopted the Uniform Plumbing Code, 1991 Edition, as adopted by Chapter 51- 26 of the Washington Administrative Code; and WHEREAS, the City' s Building Official is authorized to prepare a schedule of fees applicable to plumbing permits issued by the City of Kent for adoption by resolution of the City Council ; and WHEREAS, the schedule of fees adopted by the City Council by resolution shall govern the amount of the fee, which shall be collected as a condition to processing and prior to issuance of any plumbing permit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the schedule of fees established for the issuance of plumbing permits established in City of Kent Resolution #1308 , passed by the City Council on January 21, 1992 , is hereby repealed. Section 2 . That the schedule of fees that shall govern the monetary charges for the processing and issuance of Plumbing permits and inspections, as such may hereafter be issued by the 1 City of Kent shall be the schedule of fees established in the Uniform Plumbing Code, 1991 Edition, Table No. 3-A, a copy of which is attached hereto as Exhibit A and is incorporated herein by this reference. 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 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 2 Table No. 3-A — PLUMBING PERMIT FEES Permit Issuance 20.00 1 . For issuing each permit......................................................... ....$ 2. For issuing each supplemental permit ......................................$10.00 Unit Fee Schedule (in addition to Items 1 and 2 above) 1 . For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefor) ......................$7.00 2. For each building sewer and each trailer park sewer ...............$15.00 3. Rainwater systems — per drain (inside building) .........................$7.00 4. For each cesspool (where permitted) .......................................$25.00 5. For each private sewage disposal system ................................$40.00 6. For each water heater and/or vent..............................................$7.00 7. For each gas-piping system of one to five outlets.......................$5.00 8. For each additional gas piping system outlet, per outlet.............$1 .00 9. For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps......$7.00 10. For each installation, alteration or repair of water piping and/or water treating equipment, each ...................$7.00 11 . For each repair or alteration of drainage or vent piping, each fixture...........................................$7.00 12. For each lawn sprinkler system on any one meter including backflow protection devices therefor .................$7.00 13. For atmospheric-type vacuum breakers not included in item 12: 1 to 5 $5.00 ..................................................................................... over 5, each ..............................$1.00 14. For each backflow protective device t< other than atmospheric type vacuum breakers: S 2 inch diameter and smaller................... $7.00 -- ... ..................................... over2 inch diameter .................................................................$15.00 Other Inspections and Fees 1 . Inspections outside of normal business hours.........................$30.00' 2. Reins ection fee ......................................................$30.00 3. Inspections for which no fee is specifically indicated...............$30.00` 4. Additional plan review required by changes, additions or revisions to approved plans, (minimum charge — one-half hour)................$30.00' *Or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved. Kent City Council Meeting Date January 19, 1992 Category Consent Calendar 1. SUBJECT: COMMUTE TRIP REDUCTION 2 . 'SUMMARY STATEMENT: As recommended by the Public Works_.. Committee, uthorization to set February 2nd as the hearing date for the Commute Trip Reduction program. 3 . EXHIBITS: Memorandum from Public Works Director, excerpt from Public Works Committee Minutes and ordinance 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (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. 3JA DEPARTMENT OF PUBLIC WORKS DECEMBER 11, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM V RE: COMMUTE TRIP REDUCTION State law requires the implementation of a commute trip reduction program and it specifies a January 31st adoption timetable. The attached Ordinance was discussed at the December 2nd Public Works Committee meeting and is being brought back to Committee for final review and comment prior to forwarding it on to the full Council. It is our recommendation that the Committee forward this Ordinance on to full Council for a public hearing at their February 2nd meeting and upon closing said public hearing, either if no comments are received, adopt the ordinance or if significant comments are received, refer the matter back to this Committee for a formal recommendation. PUBLIC WORKS COMMITTEE JANUARY 6, 1993 PRESENT: JIM WHITE ED WHITE JIM BENNETT DICK GILLISSE PAUL MANN LAURIE EVEZICH TONY MC CARTHY MAY MILLER DON WICKSTROM MR. & MRS. RUST TOM BRUBAKER Commute Trip Reduction Ordinance Wickstrom stated that this was discussed at the December 2nd meeting; Dick Gillisse brought forwarded a final copy of the Ordinance noting there were minor changes in grammar and format. Jim White asked if this ordinance meets or exceeds state law or is the state law specific. Gillisse responded that this meets the state law. Wickstrom stated that it is our recommendation that we bring this item forward for full Council to hold a hearing; if there are several comments of substance, than it will be referred back to the Committee for recommendation. If not, Wickstrom recommended adoption of the ordinance at the February 5th meeting. Wickstrom said that it is mandatory to have this Ordinance before Council in January however, due to the schedule it will be February 2nd before it is formally acted upon. Wickstrom stated that further action will be required on how we implement it. Committee unanimously agreed to recommend that Council adopt an ordinance on Commute Trip Reduction. Recycling Space Requirements Ordinance Brubaker stated that this was discussed at the December 2nd meeting and that this ordinance mandates that new high density, industrial type construction set aside space for recycling. Brubaker said that there shouldn't be any conflicts with Planning and it should be administered by the Public Works Dept. whenever a permit application is made. Brubaker also confirmed that this is mandated by King County and will open the channel to receive some grant funds. Committee unanimously agreed to recommend that Council adopt an ordinance on Recycling Space Requirements for developers. 1 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, adopting Commute Trip Reduction (CTR) measures as required by RCW 70 .94 . 527 . WHEREAS, traffic congestion in the City of Kent imposes significant costs on City business, government and individuals in terms of lost working hours and delays in the delivery of goods and services, as well as making the City a less desirable place to live, work, visit and do business; and WHEREAS, motor vehicle traffic is a major source of emissions that pollute the air, and air pollution causes significant harm to public health and degrades the quality of the environment; and WHEREAS, reducing the number of vehicles using the 'streets of the City will postpone or eliminate the need and cost of increasing the capacity of existing roadways; and WHEREAS , employers have significant opportunities to encourage and facilitate the reduction of single occupant vehicle commuting by their employees; and WHEREAS , State policy, as set forth in RCW 70 .94 . 521-551 and the CTR Task Force Guidelines, requires the City of Kent to develop and implement a plan to reduce single-occupant vehicle commute trips; and WHEREAS, the plan must require affected employers to implement programs to reduce vehicle miles traveled per employee and the number of single occupant vehicles used for commuting purposes by their employees; and WHEREAS, a transportation demand management element is required as part of the Washington State Growth Management Act (RCW 36. 70A. 070 [6e] ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : Section' 1. Title 6 of the Kent City ,_,Code .._is amended by adding thereto a new Chapter to be numbered 6 . 12 , which Chapter shall read as follows: Sec. 6 . 12 .010 . Short Title. This ordinance shall be known as the Commute Trip Reduction (CTR) Ordinance, and may be cited as such. Sec. 6. 12 . 020 . Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance: A. "Affected Employee" means a full-time employee who is scheduled to begin his or her regular work day at a single worksite between 6 : 00 a.m. and 9 : 00 a.m. (inclusive) on two or more weekdays. B. "Affected Employer" means an employer that, for 12 continuous months, employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6: 00 a.m. and 9 : 00 a.m. (inclusive) on two or more weekdays. C. "Alternative Mode" means any type of commute transportation other than that in which the single- occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if they result in reducing commute trips.. D. "Alternative Work Schedules" mean programs such as compressed work weeks that eliminate peak period work trips for affected employees. E. "Base Year" means the period from January 1, 1992 , through December 31, 1992 , on which goals for the reduction of vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based. F. "City" means the City of Kent. G. "Commute Trips" mean trips made from a worker' s home to a worksite with a regularly scheduled arrival time of 6 : 00 a.m. to 9 : 00 a.m. (inclusive) on weekdays. H. "CTR Program" means an affected employer' s strategies to reduce affected employees ' SOV use and VMT per affected employee. I. "Compressed Work Week" means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. Compressed work weeks are understood to be an ongoing arrangement. J. . "Dominant Mode" means the mode of travel used for the greatest distance of a commute trip. R. "Employee" means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners and partners of the employer. L. "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, , department, district or individual or entity, whether public, non-profit, or private, that employs workers. M. "Exemption" means a waiver from CTR program requirements granted to an employer by the City based on unique conditions that apply to the employer or employment site. N. "Full-Time Employee" means a person other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two (52) weeks per year for an average of at least thirty-five (35) hours per week. O. "Implementation" means active pursuit by an affected employer of a CTR program designed to achieve the goals of RCW 70. 94 . 521-551 and this ordinance. P. "Mode" means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool , vanpool) , transit, ferry, bicycle, and walking. Q. "Peak Period" means the hours from 6: 00 a.m. to 9 : 00 a.m. (inclusive) , Monday through Friday, except legal holidays. R. "Peak Period Trip" means any employee trip that delivers the employee to begin his or her regular workday between 6: 00 a.m. and 9 : 00 a.m. (inclusive) , Monday through Friday, except legal holidays. S. "Primary Worksite" means the location where an affected employee reports to work to start their workday the majority of the time. T. "Proportion of Single-occupant Vehicle Trips" or "SOV Rate" means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period. U. "Single-Occupant Vehicle (SOV) " means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. V. "Single-occupant Vehicle (SOV) Trips" means trips made by affected employees in SOVs. W. "Single Worksite" means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way, occupied by one or more affected employers. X. "Telecommuting" means the use of telephones, computers, or similar technology to permit an employee to work at home, eliminating a commute trip, or to work from a place closer to home, reducing the distance traveled in a commute trip by at least half. Y. "Transportation Management Association (TMA) " means a group of employers or an association representing a group of employers in a defined geographic area. Z. "Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period. AA. "Week" means a seven day calendar period, starting on Monday and continuing through Sunday. BB. "Weekday" means any day of the week except Saturday or Sunday. Sec. 6. 12 . 030. Responsible Agent. A. The Director of Public Works, under the authority granted pursuant to the Revised Code of Washington (RCW) Chapter 35A and this Chapter, shall have general charge of, and supervision over, the administration and enforcement of this ordinance. B. The Director of Public Works shall establish Administrative Regulations consistent with this ordinance for the purpose of enforcing and carrying out its . provisions. Sec. 6,: 12 . 040 . Commute Trip Reduction Goals. Employers affected by this ordinance shall achieve the following reductions in vehicle miles traveled per employee and in the proportion of single-occupant vehicle trips from the 1992 base year value: A. 15 percent reduction by January 1, 1995 B. 25 percent reduction by January 1, 1997 C. 35 percent reduction by January 1, 1999 Sec. 6. 12 . 050. Base Year Values. The base year value for proportion of single occupant vehicle (SOV) trips shall be 85 ,percent. The base year value for vehicle miles traveled (VMT) per employee shall be 9 . 3 miles. Commute trip reduction goals for affected employers shall be calculated from these values. Therefore, affected employers shall establish a program designed to result in SOV rates of not more than 72 percent in 1995, 64 percent in 1997, and 55 percent in 1999 and VMT per employee of not more than 8 miles in 1995 , 7 miles in 1997 , and 6 miles in 1999 . Sec. 6. 12 . 060 . Applicability. A. This ordinance shall apply to employers within the corporate limits of the City of Kent. Employees will only be counted at their primary worksite. The following classification of employees are excluded from the requirements of this ordinance: 1) seasonal agricultural employees, including seasonal employees of processors of agricultural products, and 2) employees of construction worksites when the expected duration of the construction project is less than two years. B. If an affected employer no longer employs 100 or more affected employees, that employer is no longer an affected employer. If that employer returns to the level of 100 or more affected employees within 12 months, the employer will be considered an affected employer for the entire 12 months, and subject to the same program requirements and goals as other affected employers. If that employer returns to a level of 100 or more affected employees after 12 months, the employer shall be treated as a new affected employer. It is the responsibility of the employer to notify the City of changes in its status as an affected employer. C. Transportation Management - Associations. A Transportation Management Association (TMA) may manage or administer affected employer' s programs and may submit CTR program descriptions and annual reports on behalf of affected employers; however, each affected employer shall remain accountable for compliance with the requirements of this ordinance. Sec. 6. 12 .070 . Affected Employer' s Commute Trip Reduction Programs and Reports. A. , Affected Employer' s CTR Programs. Affected employers shall develop a CTR program that is designed to reduce VMT per employee and SOV commute trips. At a minimum, the program shall include the following mandatory elements: 1. Transportation Coordinator. Affected employers shall designate a transportation coordinator to administer the CTR program. The coordinator' s name, location, and work telephone number must be prominently displayed at each affected worksite. The coordinator shall oversee all elements of the affected employer' s CTR program. An affected employer with multiple sites may have one transportation coordinator for all sites. 2 . Information Distribution. At least once each year, affected employers shall provide affected employees information on alternatives to SOV commuting. This shall include, but not be limited to, a summary of the employer' s program, including the name and phone number of the coordinator. Affected employers must provide a summary of their program to all new employees at the time- of hire. 3 . Additional Program Elements. In addition to the program elements described above, affected employer' s CTR programs shall include a set of measures designed to meet CTR goals, as described in RCW 70 . 94 . 531 and the City of Kent CTR Administrative Regulations. B. Affected Employer' s Annual Reports. Affected employers shall submit an annual CTR progress report to the . City by the date designated by the Public Works Director. Each report shall describe the CTR measures that were in effect for the previous year, the results of any commuter surveys conducted during the year, the number of employees participating in the CTR program, and a summary of the progress toward meeting the SOV and VMT reduction goals. Reports submitted in 1995, 1997 , and 1999 shall include the results of an approved survey indicating the commute modes and vehicle miles traveled by their employees. Sec. 6. 12 .080. Record Keeping. Affected employers shall maintain all CTR records required in the City of Kent CTR Administrative Regulations for the duration of this ordinance. Sec. 6. 12 . 090. Schedule and Process for CTR Program Submittal, Review and Implementation. A. CTR Program Submittal. Within six months after an employer qualifies under the provisions of this ordinance, affected employers shall develop a CTR program and submit a description of that program to the City of Kent for approval . The Public Works Director shall provide the form to be used for the program description. B. Program Review and Modification. Within 90 days of receipt of a CTR program, the City of Kent shall provide the employer with written notification indicating whether a CTR program was approved or is unacceptable. 1. Before 1995, programs will be acceptable if they include all mandatory program elements. 2 . Beginning in 1995, if an affected employer has not met either the VMT per employee goal or the SOV rate goal, the City shall require modification of an employer' s CTR program. An affected employer whose program is found unacceptable will be notified by the City and shall have 30 days from the date of notification to submit a revised CTR program. Implementation of program changes approved by the City must occur within 30 days. C. Implementation of affected employer' s CTR Program. Affected employers shall implement an approved CTR program not more than 180 days after the program was first submitted to the City. D. Extensions of Time. The Public Works Director shall have the discretion to grant time extensions under this ordinance provided an employer can demonstrate sufficient need. Sec. 6. 12 . 100 . Modifications of CTR Requirements. A. Exemptions. Affected employers may request an exemption from any or all CTR program requirements at a particular worksite. The Public Works Director may grant an exemption if the affected employer can demonstrate it faces an extraordinary circumstance • and is unable to implement measures that could reduce the proportion of SOV trips and VMT per employee.. The City shall annually review all employer exemptions, and shall determine whether the exemptions will continue to be in effect during the following program year. B. Goal Modification. Affected employers may request a modification of CTR goals if they can demonstrate they require employees to use the vehicles they drive to work during the work day for work purposes. The affected employer shall provide documentation indicating how many employees meet this condition and must demonstrate that no reasonable alternative commute mode exists for these employees and that the vehicles cannot reasonably be used for carpools or vanpools. PROVIDED HOWEVER, applicable goals will not be changed, but those employees who need daily access to the vehicles they drive to work will not be included in the calculations of proportion of SOV trips and VMT per employee used to determine the affected employer' s progress toward CTR goals. C. Modification of CTR Program Elements. " Any affected employer may request modification of an approved CTR program. Requests may be granted under the following conditions: 1. the employer demonstrates that it is unable to implement one or more program elements for reasons beyond its control ; 2 . the employer demonstrates that implementation of a program element would cause undue hardship; or 3 . the employer demonstrates that a substitute program element would be as effective or more effective than the previously approved program element. Sec. 6. 12 . 110. Credits. A. Credit for CTR Efforts. 1. Employers with.-.,successful CTR programs may apply to the City for program credit. 2 . Affected employers whose VMT per employee and proportion of SOV trips are equal to or less than the goals for a future goal year, and commit in writing to continue their current level of effort, shall be exempt from the requirements of this ordinance, except for the requirement to submit an annual progress report. If any report indicates the affected employer does not satisfy the next applicable goals, the affected employer shall immediately become subject to all requirements of this ordinance. 3 . Affected employers who apply for program credit in their 1993 program description shall be considered to have met the 1995 CTR goals if their VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction from the base year values. This three percentage point credit applies only to the 1995 CTR goals. 4. Application for program credit shall include a description of the existing program, results from a survey of employees, or equivalent information, that establishes the applicant ' s VMT per employee and proportion of SOV trips. The survey or equivalent information shall conform to all applicable standards established in the CTR Administrative Regulations. B. Credits for Alternate Work Schedules, Telecommuting, Bicycling and Walking by Affected Employees. In the calculation of SOV rate and VMT per employee, commute trips eliminated through alternative . work schedules, telecommuting, bicycling and walking will count as 1. 2 vehicle trips eliminated. Sec. 6 . 12 . 120 . Enforcement. A. Compliance. Compliance means submitting required reports and documentation at prescribed times and fully implementing all provisions in an accepted CTR program or to meet or exceed VMT and SOV goals of this ordinance. B. Civil violations. The following shall constitute a civil violation of this ordinance: 1. Failure to submit a complete CTR program within the deadlines specified in Section 9 . 2 . Failure to implement an approved CTR program; 3 . Failure to submit an annual CTR report;: and 4 . Submission of fraudulent data. C. Monetary Penalties. 1. The penalty for violations in (B) above shall be assessed by the Public Works Director in an amount not to exceed $250 per violation per day and shall be considered a Class 1 civil infraction pursuant to RCW 7 . 80. 120 . 2 . Affected employers shall not be liable for monetary penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. D. Collection. All penalties due and unpaid under this ordinance may be collected by civil action, which remedy shall be in addition to any and all other existing remedies and penalties. Sec. 6 . 12 . 130 . Appeal of Administrative Decisions. A. Affected employers shall be notified in writing of the City' s decision regarding unacceptable programs, exemptions, modification of goals, modification of CTR program elements, and violations. B. Employers shall have 30 days following notification by the City to file an appeal of these decisions with the Kent Hearing Examiner. C. Hearings before the Hearing Examiner shall be held according to the procedures set forth in Chapter 2 . 54 . 100 (A) of the Kent City Code. The Hearing Examiner' s decision shall represent final action by the City, unless an appeal is made to the Superior Court of King County .within ten (10) working days after issuance of such decisions. Section 2 . Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A LUBOVICH, CITY ATTORNEY PASSED the day of 1993 . APPROVED the day of , 1993 . PUBLISHED the day of , 1993 . 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 k � Kent City Council Meeting Date January 19. 1992 Category Consent Calendar 1. SUBJECT: RECYCLING SPACE REQUIREMENTS - ORDINANCE 2 . SUMMARY ST 'EME T; As recommended by the Public Works .' Committee, option of Ordinance 'off` relating to recycling storage area requirements for new high density and industrial developments, -19 3 . EXHIBITS: Excerpt from Public Works Committee Minutes and ordinance 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO >< YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3K '� PUBLIC WORKS COMMITTEE JANUARY 6, 1993 PRESENT: JIM WHITE ED WHITE JIM BENNETT DICK GILLISSE PAUL MANN LAURIE EVEZICH TONY MC CARTHY MAY MILLER DON WICKSTROM MR. & MRS. RUST TOM BRUBAKER Commute Trip Reduction Ordinance Wickstrom stated that this was discussed at the December 2nd meeting; Dick Gillisse .brought forwarded a final copy of the Ordinance noting there were minor changes in grammar and format. Jim White asked if this ordinance meets or exceeds state law or is the state law specific. Gillisse responded that this meets the state law. Wickstrom stated that it is our recommendation that we bring this item forward for full Council to hold a hearing; if there are several comments of substance, than it will be referred back to the Committee for recommendation. If not, Wickstrom recommended adoption of the ordinance at the February 5th meeting. Wickstrom said that it .is mandatory to have this Ordinance before Council in January however, due to the schedule it will be February 2nd before it is formally acted upon. Wickstrom stated that further action will be required on how we implement it. Committee unanimously agreed to recommend that Council adopt an ordinance on Commute Trip Reduction. Recycling Space Requirements Ordinance Brubaker stated that this was discussed at the December 2nd meeting and that this ordinance mandates that new high density, industrial type construction set aside space for recycling. Brubaker said that there shouldn't be any conflicts with Planning and it should be administered by the Public Works Dept. whenever a permit application is made. Brubaker also confirmed that this is mandated by King County and will open the channel to receive some grant funds. Committee unanimously agreed to recommend that Council adopt an ordinance on Recycling Space Requirements for developers. 1 I II ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to II recycling storage area requirements for new development; amending ii Chapter 7 . 08 of the Kent City Code. i j; I I` WHEREAS, King County has adopted a waste reduction and 1,1, recycling goal of 65 percent by the year 2000 ; and jl I! WHEREAS, King County has established an interim waste I reduction and recycling goal of 35 percent by 1992 ; and it I j; WHEREAS, the City of Kent is similarly directed by the i .! King County Comprehensive Solid Waste Management Plan to adopt and !! meet similar recycling goals; and i i WHEREAS , in order to provide cost effective recycling I ! services, changes must be made in the way certain residential and !! nonresidential buildings incorporate recycling and recycling space; j IINOW, THEREFORE I li THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES I I HEREBY ORDAIN AS FOLLOWS : I l j Section 1 . The following sections are hereby added to j Chapter 7 . 08 of the Kent City Code: � 7 . 08 . 160. RECYCLING SPACE REQUIREMENT A. Storage Space and Collection Points for IRecyclables. Developments shall provide storage space for the collection of recyclables as follows: i i (1) The storage space, for residential uses shall be provided at the rate of one and one-half (1 1/2) square feet per dwelling unit in apartment and condominium developments except when the development is subject to a City/County sponsored or approved direct collection program. (2) The storage space for non-residential uses shall be provided at the following rate: (a) Two (2) square feet per every 1000 11square feet of building gross floor area in office educational and 1, it developments ; (b) Three (3) square feet per every 1000 f ,': square feet of building gross floor area in manufacturing and other (; non-residential developments ; and (c) Five (5) square feet per every 1000 square feet of building gross floor area in retail developments. i! B. Collection Points for Recvclables. Developments i ; shall provide collection points for recyclables as follows: it (1) The storage space for residential j ;'; developments shall be apportioned and located in collection points i; I �l as follows : (a) The required storage area shall be 1dispersed in collection points throughout the site when a 1 iresidential development comprises more than one building. II (b) There shall be one collection point li IIfor every 30 dwelling units. (c) No dwelling unit within the lidevelopment shall be more than 200 feet from a collection paint. it (d) Collection points shall be located in i1a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any public right-of- (2) The storage space for non-residential ( development shall be apportioned and located in collection points as follows: 2 f 1 (a) Storage space may be allocated to a centralized collection point. (b) Outdoor collection points shall not be located in any required setback areas. (c) Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or Ivehicle traffic on-site, or project into any public right-of-way. I i (d) Outdoor collection points serving more ( than one building within any single development are subject to the �Jprior approval of the City ' s Director of Public Works. C. Collection Point Design. The collection points + I h shall be designed as follows: i (1) Dimensions of the collection points shall � be of sufficient width and depth to enclose containers for !irecyclables. (2) Architectural design of any structure ' enclosing an outdoor collection point or any building primarily l used to container a collection point shall be consistent with t, design of the primary structure(s) on the site. (3) Collection points shall be identified by I it-signs not to exceed two square feet. (4) A six foot wall or fence shall enclose any I� , outdoor collection point, excluding collection points located in i� industrial developments that are greater than 100 feet from ( residentially zoned property. (5) Access to collection points may be ! limited, except during regular business hours and/or specified �1collection hours. (6) Enclosures for outdoor collection points i and buildings used primarily to contain a collection point shall have gate openings at least 12 feet wide for haulers. In addition, the gate opening for any building or other roofed structure used primarily as a collection point shall have a vertical clearance of at least 12 feet. 3 1 I I. i i I �I i (7) Weather protection of recyclables shall be ensured by using weatherproof containers or by providing a roof over the storage area. (8) Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any public right-of-way. Section 2 . Sever ability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section for portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its ;; application to other persons or circumstances . l �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. DAN KELLEHER, MAYOR j I' I ATTEST: I� !i i' BRENDA JACOBER, CITY CLERK i APPROVED AS TO FORM: I ROGER A. LUBOVICH, CITY ATTORNEY ( PASSED the day of 1992 • APPROVED the day of 1992 . PUBLISHED the day of 1992 • 4 i �I I I, � I hereby certify that this is a true and correct copy Ordinance No. passed by the City Council of the City 01 ton and approved by the Mayor of the City of Kent ( Kent, Washing P � hereon indicated. BRENDA JACOBER, CITY CLERK i I I. I i' I; i I �i !i �i i 1 I l � I it 5 I� I f I I i Kent City Council Meeting Date January 19 , 1992 Category Consent Calendar 1. SUBJECT: PUBLIC WORKS PLAN REVIEW FEE - ORDINANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, doption of Ordinance Jcjj relating to Public Works`, Improvement Plan Approval and Inspection Fees. Y--- 3 . EXHIBITS: Excerpt from Public Works Committee Minutes, memorandum from Director of Public Works, ordinance 4. RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3L X DEPARTMENT OF PUBLIC WORKS DECEMBER 11, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DONyWICKSTROM RE: PUBLIC WORKS PLAN REVIEW FEE ORDINANCE Included in the approval of the 1993 Budget was the increase in the Public Works Plan Review Fee revenue. To do so requires adopting the attached amended ordinance. The Committee will recall from our budget narrative that raising the fee is estimated to generate an additional $83 , 000, thus raising our total plan review revenue to $148, 000. While this is a significant increase, it in no way covers our expenses of $500, 000 . Brubaker explained that this is a non-exclusive franchise and the master franchise would become the controlling ordinance for any other company coming into our area. Jim White asked if there was a by-back clause; Brubaker responded that might be an inherent right we have but he will look into that. Mann asked if this goes beyond the boundaries of Kent. Brubaker responded that this covers only the city limits of Kent, and until fibre optic occurs, we will give up the existing government channel. Mann stated that with the school district covering a wider area, if we had announcements with regard to school activities we would be limited in our ability to broadcast to residents whose children attend school outside of the city limits. He felt it would be more effective if we could reach that audience as well. Brubaker responded that by doing this, we would be expanding beyond our jurisdiction and out of our control. Bennett asked, when the Growth Management Act is in place and the boundaries have been established, could there be language that would allow us that time to expand to those areas? Brubaker will look into that. (� Public Works Plan Review Fee Ordinance Wickstrom stated that as part of the 193 budget approval, and in conjunction with reducing the budget deficit, the Public Works fees increased. In order to do this, the existing ordinance needs to be amended. Right now the ordinance is a decelerating ordinance; 2% of the first $100, 000 and 1-1/2% of $100 , 000 to $200 , 000 and 1% of over $200 , 000 . That has generated about $75, 000 when there were improvements being built along with developments. This new ordinance is in keeping with what was approved in the budget; we have projected to increase our revenues by $83 , 000 bringing our total revenue projection to $148 , 000 for plan review. Wickstrom further stated that we also added in the ordinance that the developer pay 50% of the'.. plan review fee; before plan review is instituted. This will allow them two complete reviews of the plan. Anything more than that, we will charge $50 per hour. This will eliminate our having to do most of the design work ourselves for the developer. Bennett asked what would happen if the ordinance does not pass. Wickstrom responded that we wouldn't generate the $83 , 000 in initial revenue; this revenue is based on past statistics and it' s costing us $500, 000 in the plan review process and we are only generating $70 , 000 on a good year, in revenues to cover that expense. This is not to recuperate 100% of our costs, it is only pushing it to $148 , 000 vs. $500 , 000 . Committee unanimously agreed to recommend that Council adopt the amended Public Works Plan Review Fee Ordinance. 4 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to the Public Works Improvement Plan Approval and Inspection Fees and repealing Ordinance No. 2203 . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON HEREBY ORDAINS AS FOLLOWS : Section 1. City of Kent Ordinance No. 2203 entitled "An Ordinance of the City of Kent, Washington, relating to the Public Works Improvement Plan Approval and Inspection Fees" , is hereby repealed. Section 2 . The Public Works Department shall be responsible for the plan review, plan approval, inspection and acceptance of all public works improvements, such as streets, sidewalks and walkways, street lighting systems, storm drainage systems (public and private) and utilities, and shall make a charge therefore to the developer. The charge shall be four (4) percent of the estimated construction cost of said improvements. In all cases, the minimum fee shall be no less than $500. The developer will be required to submit separate cost estimates for each item of improvement. These will be checked by the Public Works Department for accuracy. Monies derived from the above charges shall be deposited to the general fund of the City. A nonrefundable deposit of 50% of the total fee is due and payable prior to starting the review with balance due and payable prior to the approval of the construction plans. Section 3 . Two (2) re-reviews of the constructions plans are included in the above-noted fee. Any additional re- reviews which are attributed to the developer' s action or inaction shall be charged at a rate of $50 per hour. Section _A. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstances be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance or its applicability to other persons or circumstances. Section 5 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 ' PASSED the day of , 1993 . APPROVED the day of 1993 . PUBLISHED the day of , 1993 . 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 puimppl.ord 3 Kent City Council Meeting V ))) Date January 19 , 1992 Category Consent Calendar 1. SUBJECT: KING COUNTY SOLID WASTE SPECIAL COLLECTION EVENT 2 . -SUMMARY STAT _-__ ,_ As recommended by the Public Workkk�� Committee authorizati n for the Mayor to sign an in erlocal agiedleMefi_t initiating a Special Recycling Collection Event in March 1993 ; this is a 00% grant fund from King County (approximately $11, OOO) . ,,VAgreement is subject to ecity Attorney' s concurrence. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes and interlocal agreement 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3M x Decant Stations ; Del Webb Pumn Station; 1992 Asphalt Overlays ; Committee unanimously agreed to accept these contracts as complete. Dover Place Bill of sale; Van Doren ' s Business Center ..Bldq C Bill of Sale Committee unanimously agreed to accept these bills of sale. King County Solid Waste Special Collection Event Wickstrom stated that we have applied for a Grant from King County Solid Waste for a Special Collection event; this is a 100% grant (about $11, 000) . We will be picking up metals, appliances and additional plastic containers and a contract with King County Solid Waste is required for this. Committee unanimously agreed to recommend execution of a contract for the King County Solid Waste Special Collection Event. 5 Contract #: KING COUNTY .CITY OPTIONAL PROGRAM INTERLOCAL AGREEMENT -FOR SPECIAL RECYCLING EVENTS. INTRODUCTION: This agreement is entered into between King County, a political subdivision of the State of Washington, and . , . a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This agreement has been authorized by the legislative body of the County 'as designated below: King County Motion No. City: 'a 1. DEFINITIONS: For purposes of this agreement, the following definitions shall apply: "City Optional Programs" means regional programs which the County has the responsibility for .implementing, but which cities have the option of implementing. "Recycling" means- transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal,. or incineration. (RCW 70.95.030) "Special Recycling Event" means a one-day event for the collection of recyclable materials not included in household collection programs. 11. TUE PURPOSE OF THIS INTERLOCAL AGREMNI .IS: A. To establish the respective responsibilities of the parties in a program which provides County funds to the City to implement a special recycling event program, III. THE RESPONSIBILITIES OF THE CODUn AND CITY ARE AS FOLLOWS: 3.1 King County I A. Funding. Grant funding is contingent on the availability of funds and approval by the County. Funding is based on the total amount of King County funds budgeted for special recycling event programs and is allocated on the basis of a $4,000 base amount plus a per capita distribution. The level of fundin� is determined annually by the King County Council . B. DisbursemgOt of Funds. Grant fund§ shall be paid oLc# on the basis of reimbursement for completed work as described in Exhibit A, Scope of Work, and any subsequent addenda to this agreement. The City shall provide documentation A�, specified by the County of costs and project progress. All a Iipment, supplies and services purchased with City Option I Program funds for special recycling events must be used solely for the purpose of implementing such events. The disbursement schedule shall be quarterly, although cities may request reimbursement on a monthly basis. A quarterly balance of expenditures shall be Included in the quarterly report described in 3.2.B. C. Program Seryices. The County will not provide special recycling events within the corporate limits of the City. The County will coordinate the timing and locations of its special recycling events with those of the City to avoid overlap. 3.2 City A. Program Implementition. The City shall provide at least one special recycling event within its corporate limits which shall not exclude other King County residents. The scope of work for 1993 shall be described in Exhibit A of this agreement and shall specify recyclable materials to be collected. The City shall include a minimum of four materials from the following list: polycoated paperboard; PET and HOPE plastic containers; 3-7 plastics; bulky yard waste (>30in diameter); wood; appliances; . ferrous metals; non-ferrous metals; textiles; other reusable household goods (furniture); tires. B. Accounting and Reporting. The City shall -keep close account of the use of funds and progress of the project. Quarterly financial and program status reports shall be submitted to the County. Monthly reports may be. submitted with approval of the County. Reports shall be made in a standard County approved format and shall be due 15 days after the end of each calendar quarter. The County shall have access tb all records generated pursuant to the grant program. A final comprehensive report on -2- A-2 the project shall be submitted to the King County Solid Waste Division one month after expiration of this agreement. C, Minority and Wome_n's Business Utilizatjo�. During the term of this interloc.al agreement, the City and any party subcontracting under authority of this interlocal: agreement, shall adhere to all relevant sections of King County Code, Chapter 4.18 (Exhibit .) regarding utilization of minority and Women Business Enterprises (M/WBE) . The City shall assure that with each party subcontracting under authority of this interlocal agreement, the appropriate County M/WBE provisions have been applied. Failure by the City or any subcontracting parties under this interlocal agreement to comply with any requirements of King County Code, Chapter 4.18 shall be a material breach of this interlocal agreement. D. King County Recycled Product Procurement Policy. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this interlocal agreement. If the cost of recycled paper is more than fifteen percent higher than the cost of non-recycled paper, the City shall notify the. County's City Optional Program Mahager; who may waive the recycled paper requirement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical . IV. EFFECTIVENESS AND DURATION! A. This interlocal agreement shall become effective upon its signature by the County and City, and shall terminate an December 31, 1993. V. AMENDMENTS EXTENSIONS OR TERMINATION: A. This agreement may be amended, altered, clarified or extended only by written agreement of the County and City. B. This interlocal agreement may be terminated by the County without cause, in whole or in' part, prior to the date specified above in the Effectiveness and Duration Section, upon providing the City ten (10) days' advance notice of the termination. C. The County may terminate this interlocal agreement, in whole or in part, upon five (5) days' advance written notice in the _3_ A-3 event: (1) .the City materially breaches any duties, obligations, or services required pursuant to this interlocal agreement, or (2) the duties, obligations., or services required herein become impossible, illegal , or not feasible. If the interlocal agreement is terminated by the .aunty pursuant to this Subsection, the City shall be liable for damages, including any additional costs of procurement c- similar services from another source. If the termination results from acts or omissions of the City, Including but not limited to misappropriation, nonperformance of required services or fiscal mismanagement, the City shall return- to the County immediately any funds, misappropriated or unexpended, which have been paid to the City by the County. D. The County may terminate -this interlocal agreement in whole or in part upon written notice to the City if expected or actual funding is withdrawn, reduced or limited in any way prior to the termination date set forth above in the Effectiveness and Duration Section or in any amendment hereto. If the interlocal agreement is terminated as provided in this. Subsection: (1) the County will be liable only for payment in accordance with the terms of this interlocal agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to the interlocal agreement. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this interlocal agreement or lava that either party may have in the event that the obligations; terms and conditions set forth in this interlocal agreement are breached by the other party. VI. MAINTENANCE OF RECORDS: ' A. The City shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accL :riting for all grant funds and compliance with this interlocal agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature -4- A-4 y. . expended and services provided in the performance of this interlocal agreement. 8. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the office of the Archivist in accordance with RCW Chapter 40.14, or unless a longer retention period is required by law. VII. AUDITS ANQD EVALUATION: A. The records and documents with respect to all matters covered by this agreement shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this agreement and six (6) years after termination hereof. B. The 'City shall provide right of access to its facilities, including those of any contractor or subcontractor, to the County, the state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this agreement. The County will give advance notice to the City in the case of fiscal audits to be conducted by the County. C. The City agrees to cooperate with the County or its agent in the evaluation of the City's performance under this agreement and to make available .all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. YIII. CORRECTIYE ACIION: If the County determines that a breach of this agreement has occurred; that the City has failed to comply with any terms or conditions of this agreement, or has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential . procedure will apply: A. The County will notify the City in writing of the nature of the breach; -5- A-5 B. The City shall respond in writing within three (3) days of its receipt of such notification, which response shall indicate the steps being taken to correct the specifie•: deficiencies, and the proposed completion date for bri• ging the contract into compliance, which date shall not be ire than ten (10) days from. the date of the City's respon�. ; C. The County will notify the City in writing of the Cowity's determination as to the sufficiency of the City's corrective action plan. The determination of the sufficiency r the City's corrective action plan shall be- at the sole discretion of the County; D. In the event that the City does not respond within the appropriate time with a corrective action plan; or the City's corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part pursuant to Section IX.A.; E. In addition, the County may withhold any payment owed the City or prohibit the City from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed. ' IX. CONFLICT OF INTEREST: A. The City covenants that no officer, employee, or agency of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in. connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this agreement. The City shall take appropriate steps to assure compliance with this provision. B. If the City violates the provisions of Subsection XVI.A. or does not disclose other interests, required to be disclosed pursuant to King County Code Chapter 3.04.120, as amended, the County shall not be liable for payment for services rendered pursuant to this agreement. Violation of this section shall constitute a substantial breach of this agreement and grounds for termination pursuant to Section M AJ. above as well as any other right or remedy provided by.this interlocal agreement or law. -s- A-6 X. HOLD HARMLESS AND INDEMNIFICATION: A. In providing services under this interlocal agreement, the City is an independent entity,. not an employee of the County for any purpose, and neither the City nor its officers, agents or employees are employees of the County for any purpose. The City shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability. that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, . or taxes to or on behalf of the City, its employees and/or others by reason of this interlocal agreement. The City shall protect, indemnify and save harmless the County and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from: (1) the City's failure to; pay any such compensation, wages, benefits, or taxes; and/or (2) the supplying to the City of work, services, materials, and/or supplies by City employees or other suppliers in connection with or in support of the performance of this interlocal agreement. B. The City further agrees that it is financially responsible for and shall. repay the County all indicated amounts following an audit exception which occurs due' to the negligence, intentional acts and/or failure for any reason to comply with the terms of this agreement by the City, its officers, employees, agents and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the interlocal agreement pursuant to Section IX. C. The City shall protect, defend, indemnify and hold the County, their agents, employees, officials, 'and officers harmless from, and shall process and defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter 'claims') brought against the County arising out of or incident to its execution of, performance of, or failure to perform this interlocal agreement; PROVIDED, however,' that if such claims are caused by or result from the concurrent negligence of the City, its agents, employees, and/or -officers and the County, its agents, employees, and/or officers, this Article shall be valid and enforceable only to the extent of the negligence of the City, its agents, employees, and/or officers; and, PROVIDED FURTHER that nothing in this Article shall require any City to -7- A-7 indemnify, hold harmless, or defend the County, its agents, employees, and/or officers from any claims caused by or resulting from the sole negligence of the County, its agents, 'employees, and/or officers. ' Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. �. Insurance Requirements: By the date of execution of this agreement, the City shall procure and maintain for the duration of the grant agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work, hereunder by the City, its agents, representatives, employees, and/or subcontractors. The cost of such insurance shall be paid by the City or its subcontractor(s). The City may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with all insurance requirements of this interlocal agreement. 1 . Minimum $cope of Insurance Coverage shall be at least as broad as: a. General Liability Insurance Services Office form number (GL 0002 Ed. 1-73) covering COMPREH SIVE GENERAL LIABILITY and Insurance Services Office Form number (GL 0404 Ed. 5-81) covering BROAD FORM C0UPSEHENJIYE MRAL LIABILITY ENDOR ENT: -or- Insurance Services Office Form number (CG 00 01 E. 11- 88) covering COMMERCIAL 6ENCUL LIABILITY, b. Professional Liability Professional Liability, Errors and Omissions coverage. In the event that services delivered pursuant to this interlocal agreement either directly or indirectly -8- A-8 involve or require professional services, Professional Liability, Errors and Omissions coverage shall be provided. "Professional Services°, for the. purpose of . this interl.ocal agreement section shall mean any services provided by a licensed professional . c. Automobile Liability: Insurance Services Office form number (CA 00 01 Ed. 12- 90) covering BUINUS AM COVERAGE. , symbol 1 "any auto"; or the combination of symbols 2, 81 & 9; ,and Insurance Services Office form number (CA 00 25 Ed. 1- 88) Changes Endorsement. .d. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of, the State of Washington, as well as any similar coverage required for this work by applicable Federal or "Other States" State law. e. Employers Liability or "Stop Gap" The protection provided by the'Workers' Compensation policy Part 2 (Employers Liability) or, in states with . monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the General Liability policy. 2. Minimum Limits of Insurance The City shall maintain limits no less than, for: a, General . Liability:' $1,000,000 combined single limit per occurrence for bodily injury, 'personal injury and property damage. b. Professional Liability, Errors and Omissions: $11000,000. c. Automobile liability: $1,000,000 combined single limit per accident for bodily injury and property damage. , d. Worker's Compensation: Statutory requirements of the State of residency. -9- A-9 e. Employers Liability or "Stop Gap" coverage: $1,0000000. 3. Deductibljss and Self-Insured Retentions. Any deductibles or self-insured retentions mus: ;e dec--Ared to, and approved by, the County. At the optic- of the County, the insured shall instruct the insure- to reduce or eliminate such deductibles or self-insured r- .entions as respects- the County, its officers, official: and employees. The deductible and/or self-insured retenticn, of the policies shall not limit or apply to the Cities' flexibility to the County and shall be the sole responsibility of the Cities. 4. Other Insurance_Proy ions The insurance policies required in this interlocal agreement are to contain, or be endorsed to contain the following provisions: a. General liability Policy: I. The County, its officers, officials, employees and agents are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the City in connection with this interlccal agreement. Z. To the extent of the City's negligence, the City's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance and/or self- insurance maintained by the County, its officers, officials,- employees or agents shall not contribute with the Named Insured's insurance or benefit the Named Insured in any way. 3. The City's insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. b. All Policies: -10- A-10 I. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits until after forty- five (45) days prior notice, return receipt requested, has been given to the County. c. Municipal or State Agency Provision If the City is a Municipal Corporation ,or agency of the State of Washington and is self-inured>"for any of the above insurance requirements, certifications of self- insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. 5. Accountability of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII, or, if not rated with Bests' with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors and omissions insurance may be placed with insurers with a Bests' rating of B+:VII. Any exceptions must be approved by the County. If at any time of the foregoing policies shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the City shall, upon notice to that effect from the county, promptly obtain new policies, and shall submit the same to the County, with. the appropriate certificates and endorsements, for approval . 6. verification of Coverage Each City shall furnish the County with certificates of insurance and endorsements required by this interlocal agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on, forms provided or approved by the County and are to be received and approved by the County prior to the commencement of activities associated with this interlocal agreement. The County reserves the right to require -11- A-11 complete, certified copies of all required insurance policies at any time. f XI. NON-DISCRININATIQk: A. During the performance of this ,interlocal agreement, neither the City nor any party subcontracting under the authority of this interlocal agreement shall discriminate on the basis of race, caior, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental , or ,physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this interlocal agreement. The City and all subcontractors shall comply fully with King County Code, Chapter 12.16, and all applicable federal , state and local laws, ordinances, executive orders and regulations which prohibit such discrimination. These laws include, but are not limited to RCW 49.60, Titles VI and YII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 (Exhibit B), Executive Order 11246 issued by the President of the United States, all applicable sections of the Civil Rights Act of 1991, and Executive' Order 2001-R issued by the County Executive. B. If the City fails to comply with K.C. Code Chapter 12.16, such failure shall be deemed a violation of this Chapter and a material breach of this interlocal agreement. Such breach shall be grounds .for cancellation, termination or suspension of this interlocal agreement, in whole or in part. C. During the performance of this interlocal agreement, neither the City nor any party subcontracting under the authority of this interlocal agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. XII, PRQEBI RY RIGHTS: The parties to this interlocal agreement hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The foregoing shall not apply to existing training materials, consulting -12- A-12 e aids, check lists and other materials and documents of the City which are modified-for use in the performance of this interlocal agreement. XIII. NOTICE IN WITNESS WHEREOF this agreement has been executed by each party on the date set forth below: CITY KING COUNTY ayor King county ExOtive Dais Dale Pursuant to Pursuant to Motion No. 8455 Clark - Attest ClerR - Attest Approved as to form and legality Approved as to form City Attorney ng County Prosecuting Attorney Date Date -13- A-13 a aids, check lists and other materials and documents of the City which are modified- for use in the performance of this interlocal agreement. XIII. NOTICE IN WITNESS WHEREOF this agreement has been executed by each party on the date set forth below: CITY KING COUNTY Mayor Ring County scut ve DateDate Pursuant to Pursuant to Notion No. 8455 Clerk - Attest Clerk - Attest Approved as to form and legality Approved as to form C ty AttorneyKing County Prosecuting Attorney Date ate Kent City Council Meeting Date January 19. 1992 Category Consent Calendar 1. SUBJECT: DECANT STATIONS 2 . SUMMARY STATEMENT: Accepta4se as complete o@- the contract with R. W. Scott ford Decant Stations project and release of retainage after receipt of State releases. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes and memorandum from Public Works Director 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ><" YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3N DEPARTMENT OF PUBLIC WORKS DECEMBER 11, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM UV- RE: DECANT STATIONS This project constructed 5 decant stations at widely separated sites. Decanting stations will provide controlled sites where the City and the public can safely decant the liquids from the solids from storm sewer catch basin wastes. The project was awarded to R. W. Scott on August 18 , 1992 for the bid amount of $66, 401. 09 . The final construction cost is $65, 416 . 39 . It is recommended the project be accepted as complete. Decant Stations • Del Webb Pump Station• 1992 Asphalt Overlays; Committee unanimously agreed to accept these contracts as complete. Dover Place Bill of Sale• Van Doren' s Business Center Bldg C Bill of Sale Committee unanimously agreed to accept these bills of sale. King County Solid Waste Special Collection Event Wickstrom stated that we have applied for a Grant from King County Solid Waste for a Special Collection event; this is a 100% grant (about $11, 000) . We will be picking up metals, appliances and additional plastic containers and a contract with King County Solid Waste is required for this. Committee unanimously agreed to recommend execution of a contract for the King County Solid Waste Special Collection Event. 5 Kent City Council Meeting Date January 19, 1992 Category Consent Calendar 1. SUBJECT: DEL WEBB PUMP STATION 2 . SUMMARY STATEMENT: Accepter as complete 6# the contract with R. W. Scott for the Del Webb Pump Station project and release of retainage after receipt of State releases. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes, memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO � YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 30 Decant Stations ; Del Webb Pump Station; 1992 Asphalt Overlays; Committee unanimously agreed to accept these contracts as complete. Dover Place Bill of Sale; Van Doren' s Business Center Bldg C Bill of Sale Committee unanimously agreed to accept these bills of sale. King County Solid waste Special Collection Event Wickstrom stated that we have applied for a Grant from King County Solid Waste for a Special Collection event; this is a 100o grant (about $11, 000) . We will be picking up metals, appliances and additional plastic containers and a contract with King County Solid Waste is required for this. Committee unanimously agreed to recommend execution of a contract for the King County Solid Waste Special Collection Event. 5 DEPARTMENT OF PUBLIC WORKS DECEMBER 21, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM 06 RE: DEL WEBB PUMP STATION UPGRADE This project was constructed to extend the life of the existing sewer pump station by replacing an existing 8" sanitary sewer main with a 48" diameter pipe approximately 55 feet in length connecting into a 72" diameter manhole, in the vicinity of S. 272nd St. and 132nd Ave S. E. The project was awarded to R. W. Scott Construction on September 21, 1991 for the bid amount of $60 , 732 . 12 . The final construction cost is $65, 043 . 74 . It is recommended the project be accepted as complete. • L x Y t G {*, . > ' !� .) III 259TJi SY a �I 14. 11<.^a'45 1�1-1, o- 11 o E v a�•x�sBYeYi `S� yx W r F y T' was5E 2SQTN _ w +- '~." - N f W 2 W o f •� .+ f s i u.,at y r - cr. (P m x x �59TH ¢ x ;s > >, SE 259TH , x w x13 3k✓ L T' s� s s �i -o: S$ 260TH P4;. .� S ."sw '3>>"'�'n a * aI �, .` { s 1 f S.' ��5 xior \, a «-'t .s m, (:: 3«` .- �kziFys $E 261ST arm ee „g•' Ys 4�rr rs.Tk$ x `t 'tnE, S Hasa»OURS J,r twn eS k srx ,mx U .. �SY ' S � L 6,yT ,r .SE~�`264TN 57 •_�,�",�a�.�: ��{S�a, A19 C Yae a n SF x i t r, x y iw Lr4,s! x� d a .. 6Tki St y � a -SE 68 H S 26 �� ,,y r .,a:-: � :�',Y: N .x, irv, j�� xrm s:..- ,s., �• . \ t 4 ST Ml � r ; ♦x,� �� ny � ��' is I�xa �w`ors p ii.. x��`s`c r> �wa� rs s �33r K S cy:1.°�r7 m w _ �a t .� � � xxya �� `s;r r°..t •`..: z4q z.airFt'i;x ^. ✓ T t s x e ( N 5E 272Ntl ST e fx •"xx x ,•a1 ri q� SE :272ND ` 3 5 O S] ? s 4 S , JP x iM F a < t�xn5 k � �71, x�F - � a�'�3HI3 PL Trt .. 31 x " x 27STH SE 274T)i 6T Lu hR :h• '' .' i` N 5E 276TH ai'�x 5' 276T), TH ST ' T/9 FL LAM. :5 a a' � e'aw.^.. 1a � � r� E 5: a-t a- a'i •' '. - S 'f I iL) ✓ _ 'H Wf 5E 8 TH ST r a ��E�-'282NSYSi..�J 3'> rse v - - SE 282NO ST N DEL WEBB PUMP STATION UPGRADE Kent City Council Meeting j Date January 19 . 1992 U v Category Consent Calendar 1. SUBJECT: 1992 ASPHALT OVERLAYS 2 . SUMMARY STATEMENT: Accepteii-Ge as complete at� the contract with M.A. Segale, Inc. for the 1992 Asphalt Overlays and release of retainage after receipt of State releases. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes and memorandum from Public Works Director 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (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. 3P `)( DEPARTMENT OF PUBLIC WORKS DECEMBER 21, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM & RE: 1992 ASPHALT OVERLAY This project consisted. of furnishing and placing approximately 3 , 355 tons of asphalt concrete pavement and other related work in various locations. The project was awarded to M. A. Segale, Inc. on June 17 , 1992 for the bid amount of $142 , 536. 20. The final construction cost is $157, 145. 21. It is recommended the project be accepted as complete. Decant Stations • Del Webb Pump Station; 1992 Asphalt Overlays; Committee unanimously agreed to accept these contracts as complete. Dover Place Bill of Sale • Van Doren' s Business Center Bldg C Bill of Sale Committee unanimously agreed to accept these bills of sale. King County Solid Waste Special Collection Event � Wickstrom stated that we have applied for a Grant from King County Solid Waste for a Special Collection event; this is a 100% grant (about $11, 000) . We will be picking up metals, appliances and additional plastic containers and a contract with King County Solid Waste is required for this. Committee unanimously agreed to recommend execution of a contract for the King County Solid Waste Special' Collection Event. 5 Kent City Council Meeting Date January 19 . 1992 Category Consent Calendar 1. SUBJECT: TERESA LANE 2 . SUMMARY STAZMENT: As recommended by the Public Works Committee, Kcceptance of the bill of sale and warranty agreement submitted by Sunset Property Enterprises, Inc. for continuous operation and maintenance of approximately 200 feet of water main extension, 175 feet of sanitary sewer extension, 180 feet of street improvements, and 485 feet of storm sewer improvements constructed in the vicinity of S.E. 240th Street and 113th Place S.E. and release of bonds after expiration of the maintenance period. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes, memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (2-0 vote, Jim White absent but approved Consent Calendar) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: N0�_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No. 3Q DEPARTMENT OF PUBLIC WORKS NOVEMBER 23, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON .WICKSTROM Tj RE: BILL OF SALE - TERESA LANE Sunset Property Enterprises, Inc. , the developer of Teresa Lane has completed the water, sewer, street and storm improvements for this plat. The Teresa Lane improvements are in the vicinity of SE 240th Street and' 113th Place SE. We recommend the Bill of Sale be accepted and bonds released after the one year maintenance period. Brubaker presented a rough draft of an ordinance to the Committee which, he stated would establish that goal, explaining also that we are behind schedule. The goal would be to enact this ordinance at the January 5, 1993 Council meeting. Brubaker requested more time to work on the ordinance. Brubaker then explained the recycling space requirements , within the ordinance; storage space and collection points for recyclables, collection point design. Bennett requested this ordinance be brought back to Public Works Committee on December 16th for review before going to Council on January 5th. Brubaker asked for authority to place the Ordinance on the January 5th Council agenda under Other Business, if the December 16th Public Works meeting was canceled. Committee unanimously approved. At this time Bennett asked what would happen if the ordinance does not get adopted. Brubaker responded that we need to express a commitment to establish these goals in order to receive some funding money, which is crucial to the new Recycling Waste Coordinator position. Wickstrom stated we are getting some money thru the County for the position. Teresa Lane Bill of Sale Wickstrom explained that if the plat has been recorded, approval for acceptance of the bill of sale for watermain, sanitary sewer, street and storm improvements is requested. Committee unanimously approved. Petition for Sewer - Derbyshire Area Wickstrom explained that we advised the petitioners what it would cost for a sewer LID and right now it doesn't look like we have a project. Wickstrom noted that only 13 . 68% is in favor and 54% of non-responsive. Wickstrom stated that this information was to bring Committee up to date on this item. Triangle Apartments At this time, Bennett asked what had happened on the Triangle Apartment issue. Brubaker responded that they had made a claim against the City and they haven 't designated the amount of their damages . Brubaker explained that the attorneys for the developer came to the City stating they were under pressure for a balloon payment. Since that time, Brubaker stated he spoke with the attorneys representing the financing organization as well as the developer' s attorneys and the bank is willing to give them more time to come up with the payment. Brubaker said a claim has been filed against the City, however he feels there is room to work out an arrangement and it may involve reviewing the condemnation issue 3 :r n � R „yQ `J•' � N rylp=P AVE -NAND ANTER AVE �' ��t'�C 1- M O M Qy S^ C � a F'' N HAZEL AYE I mAL DER to Loo fA c. �. c1 n A = LVORD AV T a -� i a to g VIEW t` N SUMMIT HILLTOP AVE PL AVE `C`=��V'l-''•aD 92ND PL S N Co LL Z> N i t.�� N 1 Z��r�, � ,i ■r� � = rY 94TH AVE S 94TH AVE ! o ^ nD y u A. \•i�l„• 35TH PL N c, = 2YVE3 O %TH96TH 96TH AVE S s STN -AV Lo f {N ^ N N 7TH y oF: AVE S 1 W 2 r Um. 98TH AVE S O S AW RRY C`. N a a � 99TH AYE S a p �� to 3 � z fA w Ga 100TH AVE SE gr g3L `-�'r u� A �ri ��-{r, �4A rz_ 10jr arricade >r -, p AV i- ia3Ra r' mAVE SE rn103ADAVE Sf n104TH AVE SE 1O4TH AVE n4 SE � T .SO6TH '�Yf Sri W �W N NN M �- PL S C df Aay4 m,Z m (n InV M N'O Ty 0 N NSgOt w 1 vT'S• ? l is Ny � �1 y !n_ �i 9 ,1�4O �. AVE i 1 • AV! SE HyaOt Up A NVI SE (aN 108TN AVE SE p NYn 2 A NIA ?3JA^ �y ♦ p i � W IlO�TH -� T , y 32�� 1 j M AVE SE AVE SE PL 3E D Z 110TH i H1O •l *A PL SE 0 4 N SA) cwt Z 112TH AVE SE. L/M/T 7 \1 1 PH N m rZ pt �a© 113TH Pt m 114TH o Co N i14TH PL SE L.SE R Y' 118TM *'A 115TH S PL SE AVE fE 116TH AVE S o 1 :4 w U) O w y (n m N m m TERESA LANE w ^' /� N rn N - 2 m N lT rN 119 AVE SE r- z ... Kent City Council Meeting Date January 19. 1992 Category Consent Calendar 1. SUBJECT: DOVER PLACE 2 . SUK1WY STA As recommended by the Public Works Committee, cceptance of the bill of"sale ann warranty agreeffe submitted by CamWest Development, Inc. for continuous operation and maintenance of 954 feet of water main extension, 2 , 381 feet of sanitary sewer extension, and 1, 228 feet of storm sewer improvements constructed in the vicinity of South 228th Street and 103rd Avenue S.E. and release of bonds after expiration of the maintenance period. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes, memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (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. 3R�C Decant Stations • Del Webb Pump Station; 1992 Asphalt Overlays; Committee unanimously agreed to accept these contracts as complete. (� Dover Place Bill of Sale; Van Doren' s Business Center Bldg C Bill of Sale Committee unanimously agreed to accept these bills of sale. King County Solid Waste Special Collection Event ` Wickstrom stated that we have applied for a Grant from King County Solid Waste for a Special Collection event; this is a 100% grant (about $11, 000) . We will be picking up metals, appliances and additional plastic containers and a contract with King County Solid Waste is required for this. Committee unanimously agreed to recommend execution of a contract for the King County Solid Waste Special Collection Event. 5 DEPARTMENT OF PUBLIC WORKS DECEMBER 11, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: DOVER PLACE - BILL OF SALE CamWest Development, Inc. , the developer of Dover Place, has completed the water, sewer, and storm improvements for this plat. The Dover Place improvements are in the vicinity of 22707 103rd Avenue S. E. We recommend the Bill of Sale be accepted and bonds released after the one year maintenance period. S 210TH PLk 0�y Q _.. ZI �� SF 210 TH Pam, g o o SE 211TH ST > °1^ , q4y, < . > SE TST SE•' 212TH ST ST .� 9! y Hpp < C♦'� W W SE 212TH ST 0 > " r 95 PL �;ly S y�_ N sr SE< 213TH tir ' 1? SST 3TH < H ST gE 1 S SE 2l THM n ly ST S N 2P H 2 S 213 H rx- SE 13TH PL 26T1N 'F. ST < SE S,- C N N*ry N N g 121471 ST S 216TH > O N < SE 216TH ST SE 217TH ST 1 SE IL N .�. W 1 '\ z r ST F a SE 218TH ^ > C �} i \ �j/'/\/ < n ST S 2 r $T •$ / ,\/ SE 216TH ST L SE 21' SE ST O 20TH SE y 2197H PL ST j + f� \\ N _ SE� 220TH ST, • c o • ST O SE 222ND $T 222ND v ST �� 515 SE 222ND PL x x N g SE < Y O > O <N N 7 8 SE 224TH ST ^ b x oV \ SE f n 228TH m 227TH ST g ST 3T S 22 H 228TH ST< SE 228TH w SST W x n ¢"' 229-h 29TH " W o a laPL �" b`,Jy. ST t S < (pvt) (pvt) °� t �.. SE 230 `� \ SE 25T 23�� .� ��. W ► R e/ x SE 231ST SE 13T NTAF (/J 3 231ST ST \\ W 230TH�' p�s ST FN J aMae L / m ST PW \ < �• ti f 232ND ST ow 3 1232ND S 232ND 232ND ST SE ^< E 272 \ ' $T - ST SE 232ND PL 232ND �.j• 4 � 94TH tX S J'LJ�y sE 233Rp P( V s, ✓� \ 1III p O p� Air%� 235 TH W .� BE 236TH ST AV J ST t dr � Y $ 236TH TY P gT W W �ba•, (pvt) m in XW SE 236TH PL w pQ• > a ~� SE 237TH ST < W H < U 4 Q*0" y x S.237TH PLU& 236TH S �_. Til (Pvt) . SE 239TH N3T0523STH © L g . y STS.2 PL 8 17 OP -..SE TH ST 3 24o ST 4 ' w Y Ped 0•� R EAST HILL - T� acHool DOVER PLACE w 3 241ST ST a ELEMENTARY < n S 212ND< - Kent City Council Meeting Date January 19 , 1992 Category Consent Calendar 1. SUBJECT: VAN DOREN' S BUSINESS CENTER BLDG. C - PAVING AND STORM DRAINAGE MODIFICATION 2 . ' SUMMARY ST E As recommended by the Public Works Committee, . cceptance of the bill of sale and warranty agreement submitted by Birtcher VDL Land Partnership for continuous operation and maintenance of the center median modification on 64th Ave. S. from Station 13+94 . 76 to Station 19+20. 45; and from Station 21+52 . 19 to Station 25+16 . 00, including 89 lineal feet of 51x 8 ' of concrete box culvert storm drain and release of bonds after expiration of the maintenance period. r 3 . EXHIBITS: Excerpt from Public Works Committee minutes, memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY:Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION• Council Agenda Item No. 3S "C DEPARTMENT OF PUBLIC WORKS DECEMBER 21 , 1992 TO: PUBLIC WORKS COMr'MIITTEE FROM: DON WICKSTROM �1/J RE: VAN DOREN' S BUSINESS CENTER BLDG C, PAVING & STORM DRAINAGE MODIFICATION - BILL OF SALE Birtcher VDL Land Partnership, the developer of Van Doren' s Business Center, has completed the street and storm drainage improvements for this project. The Van Doren improvements are in the vicinity of 64th Avenue S. & West Valley Highway. We recommend the Bill of Sale be accepted and bonds released after the one year maintenance period. Decant Stations ; Del Webb Pump Station; 1992 Asphalt Overlays; Committee unanimously agreed to accept these contracts as complete. Dover Place Bill of Sale ; Van Doren' s Business Center Bldg C Bill of Sale Committee unanimously agreed to accept these bills of sale. King County Solid Waste Special Collection Event Wickstrom stated that we have applied for a Grant from King County Solid Waste for a Special Collection event; this is a 100% grant (about $11, 000) . We will be picking up metals, appliances and additional plastic containers and a contract with King County Solid Waste is required for this. Committee unanimously agreed to recommend execution of a contract for the King County Solid Waste Special Collection Event. 5 w c S. 2zoTH ST �r e in F� e rSu b 5 t at 0 0 } is s _ t a 11 12 14 13 S 226 TH AVE. rn W S22TTH PL m y a � W = a N Q d• a W 2 co s 22M ST F a nnnnunn� 4 4 a ,o o �N s O � - N In � NN O : INDUSTRIAL AREA � .;LANCIN• „ WAY l 4 : - W fill gill pN. 1��sjOF i UP _ f . F : S. 234TH F K NT � �'• ~ • < W ac p 236TH ; - nnnnn1nnOlni� + i z o CLOUDY 57 W I,VEl{ s'oF Z a 94I,D I tiN a a = 3 W. JANES ST 14 � 13 = t Z 4 .r I4uB 23 24 1•Ln, :;g •;.,_.7ti.�.: CAM ST < . n ILWAUK W J PLAYKIF:L[1 .t.,�: .:� '..: '• W SMITH = W p0 {♦♦- - vs HARRISO ST !•:`• 11ARRIfON .�;3T,:.. Z .. '+.•Y MEEKER = AST S 246TH sT 2 yy4yy Z :Power ` 4 'SOyjE �3TREET < S:a I` ENT 1NTCH6 �D < W 181 Q TI . h 516 W as SMR 516 ; • 1•Alth4 N r° ColorU,Park 4 wlws ':. i W \ Gaol} COurS@ f 3 Kent City Council Meeting Date January 194992 Category Other Business 1. SUBJECT: KENT/SEATAC/METRO ANNEXATION-DEANNEXATION RESOLUTION � h )it1 '� 'AJ Lid 2 . SUMMARY STATEMENT: S resolution" starts a "housekeeping" process that allows Kent and SeaTac to adjust their boundaries to a more logical configuration and, most importantly, brings an area of land, now within the SeaTac city limits, into the city limits of Kent. This particular parcel, once annexed to Kent, will be developed by Metro to expand its existing Park 'N Ride facility now located in Kent at the northeast corner of L « the intersection of State Highway 516 and I-5. n. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Planning Committee (3-0) • Public Works Public Works Committee (2-0 White not Present) ; Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended All costs to be paid by Metro. 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember } t _moves, Councilmember seconds that Resolution - , annexing portions of SeaTac to Kent and portions of Kent to SeaTac, be approved. DISCUSSION: ACTION• Council Agenda Item No. 4k CITY OF KENT PUBLIC WORKS COMMITTEE OCTOBER 7, 1992 PRESENT: Jim Bennett Roger Lubovich Paul Mann Ed White Don Wickstrom Tim LaPorte Tom Brubaker Kevin LIndell Tony McCarthy Paul Scott Gary Gill Mr. and Mrs. Rust David Lanning 196th Corridor Consultant Agreements - Bridae Desian & Geotechnical Wickstrom explained that because these two consultant contracts total approximately $676, 000 he wanted to bring them before the committee for approval. Bennett inquired about the funding. Wickstrom explained it is a part of the corridor funding package that was put together when the Street Utility was passed. Bennett inquired if these two consultant contracts were itemized in that funding package. Wickstrom explained that we estimated a budget of approximately $11000, 000 for consultant engineering. Wickstrom explained that design of the project would take approximately one year. The Committee unanimously recommended approval for the Mayor to sign the consultant agreements. ----� Metro Park N Ride - Annexation of Property Wickstrom explained the City is the lead agency with respect to the grant funding for expansion of the Park N Ride lot. Metro is actually doing the design, right of way acquisition and construction. Additionally, they are providing the local match and the City's costs. A parcel included in the expansion area is in the City of SeaTac. Metro would prefer that the entire project be within Kent city limits to simplify the permitting, construction and maintenance processes. SeaTac is willing to deannex this property but would like the City of Kent to deannex a portion of the Grandview Park property in order for SeaTac to bring it into their city limits. SeaTac will eventually be taking over the operation of Grandview Park from King County Parks. SeaTac is also asking that Kent annex a portion of I-5 that goes to Kent-Des Moines Road. The Committee unanimously recommended approval of the annexation/deannexation proposal as outlined by the Director of Public Works subject to a determination of nonsignificance being made on the environmental checklist. DEPARTMENT OF PUBLIC WORKS September 29, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM�I� RE: METRO PARK AND RIDE LOT SEA-TAC DEANNEXATION/ANNEXATION WITH KENT The City of Kent is working with Metro under an interagency agreement to expand the Park and Ride Lot at the intersection of Kent-Des Moines Road and Military Road adjacent to I-5 . Part of the proposed Park and Ride Lot expansion area is a tiny pocket within the incorporated limits of the City of SeaTac. Metro, who is the property owner of this little pocket, has asked the cities of Kent and SeaTac to allow the property to be annexed into Kent and deannexed from SeaTac. The City of SeaTac has agreed to this request; however, they also want to clear up another jurisdictional problem and, additionally, want to straighten out their southern border. Their jurisdictional problem relates to Grandview Park and the fact that the easterly portion thereof lies within Kent. As such the City of Kent would deannex and SeaTac would annex the easterly portion of the Grandview Park property as Grandview Park will eventually be under sole ownership of SeaTac. To straighten out their southern border, they want to .deannex and Kent to annex a portion of I-5, essentially that portion lying southerly of Grandview Park. (see attached map) The complete proposal, then, for both cities is that the City of SeaTac will deannex and Kent will annex the land within the new Park and Ride Lot as requested by Metro. Kent will deannex and SeaTac will annex the easterly portion of Grandview Park and SeaTac will deannex and Kent will annex a portion of I-5. To accomplish this the attached resolution has been prepared by our legal staff. Because SEPA process has not been completed for the deannexation/annexation proposal, the Public Works Department recommends concurring with this proposal and forwarding it on to full Council subject to a determination of nonsignificance being made on the environmental checklist. II K3.00 TO BE DEANNEXED BY KENT AND ANNEXED BY SEA—TAC / GRANDVIEW PARK / he, L z —� Porker d Dorn wick - r. 0 nn K nq County Parks 8 Rac'"tion DeP (JI -1i 3 = aG30 Porker d Dore wick 31.30 A,. • IPI ° b .. Z 3I Pc. [ yy l21 .a cc 7 30'Y LGtl Irl S I. 17 � m N Mg ]I Z,04 AL lr. lz K C Dernel I ° �'� •AD AY GIN A, '1 al E.ZS Pc. Mo ,i.a c m .I• I.••., J U KENi .'COF PORA TE Y sa i'P Kent Nigh,-,,,, ' s Devil $lewor'J Its nc (Ell �<.. T}' 1,15 d mo�`tF,, OM SIP ' Io yav,. ,G = vul �-:��cz7r 13t .P�•] .,In -, ,,J �.. }:} .' '• ] i1wo�- Zed¢k [a. - LIOAe' 1.48 Ac. r2 :• i ❑LO"�OM. ]I ts]Ac �r sap3 b '10`opt p] . e •�°- �rG / h ]isn< I ��:r D "f"3��_8 C- ]^ " (]�' �.-•�,© tee '- '" �. 23 :x r�, [1(, ] E`9. 9ru ne uc_— __—_f':u�°nson._Q .I_- �5' �]) _._ '� '] Jcho3on -t'P 1]pnc { I------K="-ST.J 'I}� 25 ibJb 3� :'1_r '-r 'n•' - :P r �` IfsAa P .+Son6 tru on L00 Ac CciPI Kent K 9nlanex - _ M1 - 2fi I„jb a°�Il Pr( I,u/A I „ pr 27 - " IP) [ -'•r. (��., �I� J 'JI{ rto Ac u v••.•. 29 �•l :'ii•::''r Y• ] Y•�:Q nC4 k(2•i�'it.� �:rPr-..': _..i.. L.1 t% -ETRO P OPERTY 6 P ::. b ] - H• 'firr rr en r _ d Jen en tF u.il:l�' •• 61RA 6f r - bi L I N n. rP. I V, U N 16 DEANNEXED BY SEA—TAC 5 hlt '; �\ 1� ANNEXED BY KENT o 6 .srgj , 2 n �OAg b Ems.---sI G' I RESOLUTION NO. A RESOLUTION of the City council of the City of Kent, Washington, proposing to annex certain real property located within the city limits of the City Of SeaTac, Washington. WHEREAS, the Municipality of Metropolitan Seattle, a Washington municipal corporation ("Metro") , is the owner of certain real property located in King County, Washington, which is legally described in Exhibit A attached hereto and incorporated herein by this reference and which is shown as area "X" on the attached map, incorporated herein as Exhibit C; and WHEREAS, the State of Washington, through the Washington State Department of Transportation ("WSDOT") is the owner of certain real property located in King County, Washington, which is located in an area legally described in Exhibit A and which is indicated as area "Y" on Exhibit C; . and WHEREAS, King County, Washington, through its Department of Parks and Recreation, is the owner of certain real property located in King County, Washington, which is legally described in Exhibit B attached hereto and incorporated herein by this reference and which is indicated a area "Z" on Exhibit C; and WHEREAS, the property described in Exhibit A is located within the city limits of the City of SeaTac, a Washington municipal corporation ("SeaTac") ; and WHEREAS, the property described in Exhibit B is located within the city limits of the City of Kent, a Washington municipal corporation ("Kent") ; and WHEREAS, Metro owns and operates a "Park 'N Ride" facility on property adjacent to a portion of the property indicated as area "X" on Exhibit C; and WHEREAS, Metro' s existing "Park 'N Ride" facility is located within the city limits of the City of Kent, a Washington municipal corporation ("Kent") ; and WHEREAS, Metro plans to expand its existing "Park IN Ride" facility to encompass the property indicated as area "X" on Exhibit C; and WHEREAS, Metro desires that its planned expanded "Park IN Ride" facility be located entirely within the jurisdiction of Kent, Washington; and WHEREAS, Metro has conducted meetings with various representatives of SeaTac and Kent wherein Metro has asked both cities to consider deannexing the property described in Exhibit A from SeaTac and annexing that property to Kent; and WHEREAS, the City of Kent surrounds much of the boundary of the property described in Exhibit A; and WHEREAS, the property described in Exhibit A more appropriately fits within the logical boundaries of the City of Kent; and WHEREAS, the property described in Exhibit B represents a portion of Grandview Park, the remainder of which lies entirely within the city limits of the City of SeaTac; and WHEREAS, the City of SeaTac will , by law, become the sole owner of Grandview Park on or before 1995 ; and 2 WHEREAS, it is in the best interests of the Cities of Kent and SeaTac that SeaTac have and retain control over all of Grandview Park; and WHEREAS, the City of Kent, having deliberated upon these issues with representatives of SeaTac and Metro, has determined that it is in the best interest of all parties to annex the property described in Exhibit A to the jurisdiction of Kent; and WHEREAS, the City of Kent, having deliberated upon these issues with representatives of SeaTac and Metro, has determined that it is in the best interest of each party to annex the property described in Exhibit B to the jurisdiction of SeaTac; and WHEREAS , on December 24 , 1992 , the City, as the Lead Agency, issued a Determination of Nonsignificance ("DNS") after review of the completed environmental checklist, which was filed concerning this deannexation/annexation; and WHEREAS, Kent desires to initiate the statutory proceedings necessary to annex those portions of SeaTac described in Exhibit A and to deannex that portion of Kent described in Exhibit B, all of which is indicated on Exhibit C, with the intent and understanding that SeaTac will be agreeable to annexing and deannexing those properties; and WHEREAS, under the authority of RCW 35. 10. 217 (2) , Kent may initiate this annexation/deannexation process by adopting a resolution indicating its desire to annex a part of another city and its desire to be annexed, in part, to another city; NOW, THEREFORE, The City Council of the City of Kent, Washington, does hereby resolve as follows: 3 Section 1. The City of Kent proposes that certain real property located within the city limits of the City of SeaTac, King County, Washington, which property is legally described in Exhibit A, attached hereto and incorporated herein by this reference, be deannexed from the City of SeaTac and annexed to the City of Kent. Section 2 . The City of Kent proposes that certain real property located within the city limits of the City of Kent, King County, Washington, which property is legally described in Exhibit B, attached hereto and incorporated herein by this reference, be deannexed from the City of Kent and annexed to the City of SeaTac. Section 3 . A certified copy of this Resolution shall be transmitted to the city of SeaTac. Section 4 . The Planning Department of the City of Kent shall prepare and file all documents necessary to provide proper notice to and to become potentially subject to review by the King County Boundary Review Board. Section 5. The City of Kent requests that the City of SeaTac hold a public hearing before adopting its resolution agreeing to the deannexat ion/annexation only after the proposed annexation has been approved by the King County Boundary Review Board, in accordance with RCW 35. 10 . 217 (2) . Section 6. The City of Kent requests that the City of SeaTac mail notices of the public hearing on the proposed deannexat ion/annexation in the same manner that notices of a hearing on a proposed local improvement district are required to be mailed by as provided in Chapter 35. 43 Revised Code of Washington, in accordance with RCW 35. 10. 217 (2) . Passed at a regular meeting of the City Council of the City of Kent, Washington, this day of 1992 • 4 Concurred in by the Mayor of the City of Kent, this day of , 1992 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 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 ANNXDNX2.pin 5 - AREA TO BE DEANNEXED BY THE CITY OF SEATAC 10/9/92 AND ANNEXED BY THE CITY OF KENT Legal Description That portion of Sections 15 and 16, Township 22 North, Range 4 East, W.M. described as follows: Commencing at the Northwest corner of the Southwest quarter of said Section 15 ; Thence South 00038116/1 East along the West line of said Section 15 , a distance of 838 . 96 feet to the Northeasterly margin of Kent-Des Moines Road (State Secondary Highway 5-A) ; Thence South 40028116/1 East along said Northeasterly margin 162 . 97 feet to the True Point of Beginning; Thence North 74015 ' East, along the North line of that area annexed to the City of Kent by Ordinance 1089 , to its intersection with the Easterly margin of Primary State Highway No. 1 (Interstate Highway No. 5) , hereby designated Point A; Thence Northerly along said Easterly margin of Primary State Highway No. 1 to the Northwest corner of that area annexed to the City of Kent by Ordinance 1317 (said Northwest corner described as: . Commencing at said Point A; thence North 74015 ' East to the Westerly margin of Old Military Road as now revised; thence North 26044120/, West along said Westerly margin 163 . 42 feet; thence South 74015 ' West to the said Easterly margin of Primary State Highway No. 1 and the Northwest corner of said Ordinance 1317 ; Thence North 74015 ' East, along the North line of said Ordinance 1317 , to the said Westerly margin of Old Military Road; Thence North 26044120/1 West along the said Westerly margin (also a Westerly line of that area annexed to the City of Kent by Ordinance 1089) a distance of 239 . 69 feet; Thence South 74'57130" West along a Southerly line of said Ordinance 1089 , to the said Easterly margin of Primary State Highway No. 1; Thence Northerly and Westerly along said Easterly margin (also a Westerly line of that area annexed to the City of Kent by Ordinances 1089 and 2120) to its intersection with the North line of the South 55 feet of the North 515 feet of the Southwest quarter of the Northwest quarter of said Section 15 ; Thence Westerly along said North line of said South 55 feet and the Westerly extension thereof to its intersection with the Westerly margin of said Primary State Highway No. 1; EMBIT A //y Thence Southerly along said Westerly margin and the southerly extension thereof as shown on Plan Primary State Highway No. 1 (SR 5) Pierce County line to Junction SSH 5-A (SR 516) sheet 6 of 6 approved July 15 , 1958 (said margin is also an Easterly line of that area annexed to the City of Des Moines by Ordinance 356) to the centerline of SR 516; Thence Southeasterly along said centerline (also the Northerly line of that area annexed to the City of Kent by Ordinance 1124) to the said West line of said Section 15; Thence South 0003811611 East along said West line (also the East line of said Annexation Ordinance 1124) to the centerline of said Kent- Des Moines Road (SSH-5A) ; Thence Southeasterly along said centerline (also the Northerly line of that area annexed to the City of Kent by ordinance 1091) to a point which bears South 74015 ' West from the True Point of Beginning; Thence North 74015 ' East along the North line of said Annexation Ordinance 1189 to the True Point of Beginning. D297 - �2 LEGAL DESCRIPTION .FOR PORTION OF GRAND VIEW PARK LOCATED WITHIN THE CITY OF KENT, WASHINGTON A parcel of land in the NW4 of Section 15, Township 22 North, Range 4 East, W.M. , in King County, Washington, described as follows: Beginning at the NW corner of the west half of the NE4 of the NW4; thence easterly along the north line thereof a distance of 663 . 60 feet to the NE corner of said west half; thence southerly along the east line thereof to the 'i]W corner of the west 275 feet of the SEh of the NE4 of the NWk of said Section 15, which point is on the City of Kent boundary line as established by City of Kent Ordinance No. 1036 and is on the City of SeaTac boundary line as established by King County Ordinance No. 8820, and which point is the True Point of Beginning; thence easterly along the North line of said SE4 of the NE4- of the!NW,, a distance of 275 feet; thence southerly to the SE corner of said west 275 feet of the SE4 of the NE4 of the NW4; thence westerly 4long the south line thereof to a point which is 879.74 feet east of the SW corner of the NE4 of the NWk; thence south 40021 ' west 203 . 85 , feet; thence south 0057 ' east 93 . 0 feet; thence south 75°oo ' west � to a point on the City of Kent boundary line` as established by said Ordinance No . 1036 and the City of SeaTac boundary line as established by said Ordinance No. 8820, and which is south of the '!Tru6 Point of Beginning; thence north to the True Point of Beginning. I I i I� EXHIb" IT b �'Au Kent City Council Meeting Date January 19 , 1992 Category Other Business 1. SUBJECT: HEATH TECHNA FRANCHISE 2 . SUMMARY STATEMENT: This date has been set for the first reading of the Heath Techna Franchise agreement relating to the use of communication line duct bank facilities under and across S. 200th Street. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes, memorandum from Public Works Director and ordinance 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (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 that the second reading of the Heath Techna Franchise be set for February 2 , 1993 . DISCUSSION• ACTION• Council Agenda Item No. 4B DEPARTMENT OF PUBLIC WORKS DECEMBER 11, 1992 TO: PUBLIC WORKS CO,7ITTEE FROM: DON WICKSTROM RE: HEATH TECHNA FRANCHISE Tom Brubaker will be in attendance to bring Committee up to date on the Heath Techna Franchise. It is our recommendation that this franchise agreement be approved and forwarded to full Council. Because it is a franchise, under the law two Council readings of it are required before formal action can be taken. As such, it is proposed the first reading (review) would be at the January 19th Council meeting followed by the second at the February 2nd meeting, wherein Council action would then be taken. (� Heath Techna Franchise Brubaker stated that Heath Techna Corporation wants to place a data communication transmission line under the street between two of their warehouses. The City has required a franchise from them because it goes across public right of way. Brubaker explained that this franchise is for one isolated line. Jim White asked if a franchise fee is required. Brubaker responded that no fee is required and the bond requirement has also been eliminated. Essentially, this gives the City some control in the future and in the event we want to. widen the street, Heath Techna will remove the line at their expense and relocate it. Committee unanimously agreed to recommend approval of the Heath Techna Franchise. Brubaker commented that the legal descriptions will be attached when the Franchise comes before Council. Brubaker also noted two readings are required; it will go before Council for a first reading on January 19th and then passed under the Consent calendar on February 2nd. Cable T.V. Franchise Brubaker explained that the current Cable T.V. Franchise is up for renewal with TCI Cablevision. The City has been in negotiations thru Brubaker and Don Olson for well over a year and have put together two ordinances; a master ordinance which sets the general parameters for any cable operator who comes into the City of Kent and the franchise ordinance which will specifically apply to TCI. Brubaker said that essentially the longer a franchise we grant, the more the cable company will be willing to cooperate with the City and provide additional services; the shorter the franchise term the less they are going to be willing to do. In this situation, there are some services the City wants to be able to provide and in an attempt to obtain those services Brubaker stated that he has negotiated at this point, a 15 year franchise; if we shorten the franchise term they will start to bargain away some of the services. Brubaker explained that the cable T.V. industry is controlled by Federal Law and the cable T.V. lobby has been powerful in the past. We do not have rate-setting authority; we cannot cancel their franchise without a strong showing of basically a poor operation. The main bargaining tool is the term of the franchise. With the new cable law that was passed, it will give us potentially some rate-setting authority but we have to wait until the FCC issues some rules and regulations. Brubaker said the bargaining has resulted in the following - they will provide us with a live broadcast ability out of City Hall. They will install three remote control cameras in City Hall Chambers for live broadcasts of all Council meetings, Committee meetings, Hearing Examiner and any open 2 I ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, granting unto Heath Techna, Inc. , a Delaware corporation, its successors and assigns, the right, privilege, authority and franchise for ten years, to construct, attach, maintain, repair, replace, operate and use communication line duct bank facilities under and across South 200th Street within the City of Kent. I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : Isection 1. Franchise Granted 1. 1 Pursuant to the laws of the State of Washington (including, but not limited to, RCW 35A.47 . 040 and RCW 80 . 32 . 010) , the City of Kent, a Washington municipal corporation ("City") , hereby grants to Heath Techna Corporation, a Delaware corporation ("Heath Techna" ) , subject to the terms and conditions set forth hereinafter, a franchise for a period of ten years, commencing and expiring 1. 2 This Franchise grants Heath Techna the right, privilege and authority to install a casing pipe as reflected in the attached plans, attached hereto and incorporated herein as Exhibit A, for the specific purpose to insert a communication and data transmission wire under, across and through a portion os South ' 1 200 St. in the City of Kent (the "Franchise Area") , which Franchise Area is legally described as follows: SEE EXHIBIT B ATTACHED HERETO AND INCORPORATED HEREIN. Section 2 . Nonexclusive Franchise Grant 2 . 1 This Franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises which do not interfere with Heath Techna ' s rights under this Franchise. This Franchise shall in no way prevent or prohibit the City from using the Franchise Area in a manner consistent with this Franchise or affect its jurisdiction over the Franchise Area. The City shall retain power to make all necessary changes, relocations, repairs, maintenance, and improvements in, of or to South 200th Street, including the Franchise Area, as the City may deem fit. section 3 . Relocation of Heath Techna' s Facilities 3 . 1 Whenever the City undertakes (or causes to be undertaken at City expense) public improvements (e.g. , improvements to City streets and/or City utilities) and such public improvements require the relocation of Heath Techna ' s then existing facilities within the Franchise Area, the City shall : 3 . 1. 1 provide Heath Techna, at least thirty (30) days prior to the City' s commencement of activities requiring such relocation, written notice requesting such relocation; and 2 I 3 . 1. 2 provide Heath Techna with copies of pertinent portions of the City' s plans and specifications for such public improvements and a proposed location for Heath Techna ' s facilities so that Heath Techna may relocate its facilities to another location in order to accommodate the City' s project, I After receipt of such notice and such other information, Heath Techna shall relocate such facilities within the Franchise Area at no charge to the City. Heath Techna shall make every reasonable effort, subject to matters beyond its control, to complete the irelocation of such Facilities so as not to delay the City ' s public improvement project. t I I 3 . 2 In connection with the relocation of Heath Techna ' s Facilities in accordance with subsection 3 . 1 above, Heath Techna may, after receipt of written notice requesting a relocation of its Facilities within the Franchise Area, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Heath Techna in writing if one or more of the alternatives is suitable to accommodate the work which would otherwise necessitate relocation of the Facilities. In the event the City ultimately determines that there is no other reasonable alternative, Heath Techna shall relocate its Facilities within the Franchise Area as otherwise provided in subsection 3 . 1. 3 . 3 Any condition or requirement imposed by the City upon any person or entity other than Heath Techna (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development) that requires the relocation of Heath Techna ' s Facilities shall be deemed to be a relocation within the purview of this subsection 3 . 3 . 3 i ( Section 4 . Placement of Facilities, Permits, Coordination of Activities, Excavations 4 . 1 Heath Techna shall at all times maintain its Facilities within the Franchise Area so as not to unreasonably interfere with the free passage of traffic or the use and enjoyment of adjoining property. Heath Techna shall at all times post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington. 4 . 2 Heath Techna shall, in carrying out any authorized activities within the Franchise Area, comply with all applicable City ordinances, codes, regulations, standards and procedures as now or hereafter amended, and shall obtain all necessary permits or approvals ; provided, however, that if any term or condition of this Franchise and any term or condition of such ordinances, codes, regulations, standards, procedures, permits or approvals are in conflict, the term or condition of this Franchise shall govern a_ control . 4 . 3 Heath Techna and the City shall each exercise best efforts to coordinate construction work either may undertake within the Franchise Area so as to promote the orderly and expeditious performance and completion of such work as a whole. 4 . 4 If, at any time or from time to time, either Heath Techna or the; City shall cause excavations to be made within the Franchise Area, the party causing such excavation to be made shall afford the other, upon receipt of a written request to do so, an opportunity to use such excavation, provided that: (a) such joint use shall not unreasonably delay the work of the party causing the excavation to be made; and (b) such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties. 4 I Section S. Restoration after Construction Whenever it shall be necessary for Heath Techna, in the exercise of its rights under this Franchise, to disturb the surface of the Franchise Area, Heath Techna shall restore the surface of the Franchise Area to at least a condition the same as it was in immediately prior to any such disturbance. All concrete encased 11 monuments which have been disturbed or displaced by such work shall I' be restored pursuant to all federal, state and local standards and specifications. Heath Techna agrees to promptly complete all such restoration work at its sole cost and expense. Section 6 . Lateral Support 6. 1 Whenever construction, installation or excavation of Facilities within the Franchise Area have caused or contribute to a condition that appears to substantially impair the lateral support of the Franchise Area, the Public Works Director may direct Heath Techna, at Heath Techna ' s own expense, to take such actions with respect to its Facilities within the Franchise Area so as not to impair the lateral support thereof. Section 7 . Indemnification 7 . 1 Heath Techna shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Franchise agreement, except for injuries and damages caused by the sole negligence of the City. 5 7 . 2 The City Is inspection or acceptance of any of Heat' Techna' s work when completed shall not be grounds to avoid any v.L these covenants of indemnification. 7 . 3 Should a court of competent jurisdiction determine that this Franchise agreement is subject to RCW 4 . 24 . 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Heath Techna and the City,.,- its officers, officials, employees, agents and volunteers, Heath Techna' s liability hereunder shall be only to the extent of Heath Techna ' s negligence. 7 . 4 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES HEATH TECHNA'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 7 . 5 The provisions of this section shall survive the expiration or termination of this Agreement. Section 8. Insurance '8 . 1 Heath Techna shall procure and maintain for the duration of this Franchise agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Heath Techna, its agents, representatives, employees, subconsultants or subcontractors. 8 . 2 Prior to the adoption of this Franchise ordinance, Heath Techna shall provide a Certificate of Insurance evidencing: 6 1 i 8 . 2 . 1 Automobile Liability insurance with limits no less than $1, 000, 000 combined single limit per accident for bodily injury and property damage; and 8 . 2 . 2 Commercial General Liability insurance written on an occurrence basis with limits no less than $1, 000 , 000 combined single limit per occurrence and $2 , 000, 000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual ; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer ' s liability. 8 . 3 Any payment of deductible or self insured retention shall be the sole responsibility of Heath Techna. 8 .4 The City, its officers, officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of Heath Techna and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. 8 . 5 Heath Techna ' s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer' s liability. 8 . 6 Heath Techna ' s insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail , return receipt requested, of any cancellation, suspension or material change in coverage. 7 i Section 9 . Abandonment of Heath Techna' s Facilities 9 . 1 Any plan for abandonment or removal of Heath Techna ' s Facilities within the Franchise Area must be first approved by the Public Works Director, and all necessary permits must be obtained prior to such work. section 10 . Modification 10 . 1 This Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, subsection 4 . 2 above) shall govern and supersede any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by Heath Techna of any and all rights, benefits, privileges, obligations 'or duties in a: under this Franchise, unless such permit, approval, license, agreement or other document specifically: 10 . 1. 1 references this Franchise; and 10. 1. 2 states that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control . 8 i Section 11. Forfeiture and other Remedies i 11 . 1 If Heath Techna willfully violates or fails to comply with any of the provisions of this Franchise, or through 1 willful or unreasonable negligence fails to heed pr comply with any notice given Heath Techna by the City under the provisions of this Franchise, then Heath Techna shall, at the election of the Kent City Council, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon reasonable notice to Heath Techna. 11. 2 The right of the City to declare a forfeiture pursuant to subsection 12 . 1 is a remedy in addition to, and is not a limitation of, the rights, remedies or actions available to either party by reason of the other party ' s noncompliance with the terms and conditions of this Franchise. Section 12 . City Ordinances and Regulations 12 . 1 Nothing herein shall be deemed to direct or restrict the City ' s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any reasonable ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. Section 13 . Publication, Plan Review and Inspection Costs 13 . 1 The cost of the publication of this Ordinance shall be borne by Heath Techna. Additionally, all the City ' s plan review and inspection costs arising from or connected with the construction of the facilities contemplated to be built as a result of this franchise shall be borne by Heath Techna. 9 I Section 14. Acceptance 14 . 1 After the passage and approval of this ordinance and within sixty (60) days after such approval, this Franchise shall, if accepted by Heath Techna, be accepted by Heath Techna by its filing with the City Clerk an unconditional written acceptance thereof. Failure of Heath Techna to so accept this franchise within said period of time shall be deemed a rejection thereof by Heath Techna, and the rights and privileges herein granted shall, after the expiration of the sixty-day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 15. Survival 15 . 1 With respect only to matters arising during the period of time this Franchise is in effect, the parties intend that any term or condition applicable to such matters shall survive the expiration or termination of this Franchise to the extent su(,. . survival can be reasonably inferred under the circumstances presented and to the extent such an inference is necessary to prevent substantial injustice to an injured partly. 15 . 2 The terms and conditions of this Franchise shall be binding upon the parties ' respective successors and assigns. F 10 I ilSection 16 . Severability 16 . 1 If any section, sentence, clause or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. Section 17 . Assignment 17 . 1 Heath Techna may not assign or transfer this Franchise without the written consent of the City Council of the City, which consent shall not be unreasonably withheld. Section 18 . Notice 18 . 1 Any notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: I City of Kent Director of Public Works 300 West Gowe Kent, WA 98032 Heath Techna Corp. Attn: Section 25. Effective Date This Ordinance shall take effect. thirty (30) days after its execution; having first been submitted to the Kent City Attorney for approval ; after one introduction by the City Council 11 i i at a regular meeting; after having been published at least once in a newspaper of general circulation in the City of Kent; air,. finally, having been granted an approving vote of at least a majority of the City Council at a regular meeting. 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 . I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. I (SEAL) BRENDA JACOBER, CITY CLERK HTHTEKNA.WPF 12 >< ii 1l fill I ru N> LNI IJ 91 tj ----------- 1a HEATH TE( NA 00 Legal Description of Heath Tecrna Property after Lot Line Adju§tmant Y Y TEAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTEREAST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 4 EASTr WILLAMETTE MERIDIAN, IN ICING COUNTY, WASHINGTON, LYING SOUTE OF THE SOUTHERLY MARGIN OF SOUTH I96TH STREET AND EASTERLY OF THE EAST MARGIN OF $1ST AVENUE SOUTH AS THEY WERE ESTABLISHED BY TEAT DEED RECORDED UNDER RECORDING NUMBER 5345763; EXCEPT THE SOUTH 280 FEET OF TEE WEST 263.19 FEET THEREOF'; EXCEPT THE SOUTH 30 FEET THEREOF; . EXCEPT THOSE PORTIONS LYING WITHIN PRIMARY STATE HIGHWAY NOM ER 5; EXCEPT THOSE PORTIONS DEEDED TO THE CITY OF IMKT BY DEEDS: RECORDED UNDER RECORDING NUMBERS 7812220012, 7905290355 AND 8808150073; AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: `Ct BEGINNING AT A POINT ON THE ivr.ST MARGIN OF PRIMARY STATE HIGHWAY NU.'S3rR 5, SAID N Sa POINT BEING 179.06 FEET SOUTH OF = NORTH LINE OF SAID SOUT AST QUARTER OF THE CU NORTHEAST QUARTER OF SECTION 1; C) THENCE WEST ALONG THE SOUTHERLY 2,.ARG= OF SOUTH 196TH STREET TO A POINT WHICH IS CV 411.11 FEET EAST OF .'iEZZASTERLY FARGIN OF S1ST AVENUE SOUTH; Cn THENCE SOUTH PARALLEL TO SAID EASTERLY MARGIN 365 FEET, THENCE EAST PARAL cr. TO SAID SOU —r-tRLY MARGIN TO THE WESTERLY YARGIN OF SAID STATE HIGHWAY; THENCE NORTH? ALONG SAID WESTERLY MARGIN TO THE POINT OF BEGI2v'NING. 4 vWp f3 Cf Qm Gi W r f z l r a 0 0 m EXHIBIT 11.21 1ILI 13 51.) FA-1 206 67 :1di:1 H I H( N.-1 �1111:1 . ,yam:- •�: - ..v _ , , a � Y- i✓-'- - - _ _ �.� ram•• . _ _ _ i -LEGAL DESCRIPTION------- PLANT r3 Y Parcel A. That portion of the North half of the Northeast quarter of the Southeast quax•te_ of Section 1, Township 22 North, Range 4 East, : W,Hv, in King County, Washington described as follows: Beginning at the Northeast corner of said subdivision: Thence South along the East line of said subdivision 219.82 feet; thence Korth 89124*44' west 990.05 feet; thence :forth parallel to the East line of said subdivision to . the'North line of said subdivision; thence Easterly along said North line 990. 11 feet more or Less, to the point of beginning; EXCEPT those portions conveyed to King County and to the City of Kent for streets by deeds recorded ender King. County Recording Nos. 749615. 5999070, 7305070013, 7903090116 rnd 790309113. Parcel. B: . That portion of the North half of the Northeast quarter of the Southeast quarter, Section 1, Township 22 North, Range 4 East, W.M. in King County, Washington described as follovs: �o=a—enc :LnS at the Northeast corner of said subdivision: thence South-alon _ the , East line of said subdivision 219.82 feet to the true point of beginning:. thence North 8B°Z4'44' West 990.05 feet; thence South- parallel td ,the EasC line of said subdivision 224.18 feet; thence South 89139152"' Bast 990 .02 feet ' to East line of said subdivision; I thence North along said •East line 219. 32 feet to the True Poirt of Se7inniag: EXCEPT those portions conveyed to King county and the City of s ' Kent for streets by deeds recorded under King County recording----' -Non. 749615. ' 7901290124, ,and 7901290125- f EXHIBIT • �... ly \4. �J i ny�F-�-` I �,•\:•_-�^'Y ..J4L••'L_ .r 1 �^.-�f.��}y... /. r Lf l _ ' S �.�T�!Nr J'\ „ Y i� _ :� A.�'. :s-..L_'. Kent City Council Meeting Date January 19 , 1992 Category Other Business 1. SUBJECT: GOLF COMPLEX REQUEST FOR PROPOSAL 2 . SUMMARY STATEMENT: As recommended by the Parks Committee on November 24, 1992 , authorization is requested to prepare and issue a Golf Complex Request for Proposal and Management Agreement. The request for proposal and management agreement is being developed to integrate professional management into the golf complex operation while improving the net flow of funds to the City for golf debt service expenditures and Golf Complex betterment. 3 . EXHIBITS: RFP schedule, cover letter, request for proposal, management agreement, contract appendices 4 . RECOMMENDED BY: Parks Committee (2-0, Houser not present) (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: n Councilmember . Volk; , moves, Councilmember &T' seconds to accept the Parks Committee recommendation to develop and issue a request for proposal and management agreement in a form substantially similar to the attached. DISCUSSION• ;l ACTION: 4 It )Council Age da Item No. 4P a CITY OF KENT GOLF ADVISORY BOARD TO: Tony McCarthy, Chief Administrative Officer FROM: Doug Schwab, Golf Advisory Board Chair SUBJECT: Riverbend RFP Implementation Schedule DATE: December 30, 1992 I think the RFP implementation schedule (1)you presented at our Golf Advisory Board meeting with some minor adjustments is realistic and achievable. By coordinating the efforts of your administrative staff, the Advisory Board and Parks the goals set can be met. You will have the support of the Golf Advisory Board as needed. We will be available to meet the following schedule: Development of draft RFP completed by staff Jan 4 ✓ Review of draft RFP by Parks Committee Jan 5 Review of draft RFP by Advisory Board Jan 9 Review of draft RFP by PGA Jan 11 Final draft of RFP completed by legal Jan 15 Approval of RFP concept by City Council Jan 19 Put out RFP to proposers Feb 1 Responses to RFP due from proposers Mar 1 Evaluation of proposals and interviews completed Apr 1 Recommended selection to Parks Committee Apr 6 Recommendation to Council Apr 20 Begin transition May 1 r C: Dan Kelleher Jim Bennett Jon Johnson Christi Houser Advisory Board Members J_Q��JSV tS Dan Kelleher, Mayor CITY OF Laurence A. (Tony) McCarthy, Jr., Chief Administrative Officer January 15, 1993 Dear Prospective Proposer: The City of Kent is interested in receiving proposals to provide golf services at the City of Kent' s Golf Complex located at 2019 and 2020 West Meeker Street in Kent. The details of the City' s requirements are spelled out in the attached Request for Proposal and Management Agreement. Additionally, financial information on the City' s operation of the facility is provided to give the proposer a basis for the proposal. In general, the City is looking to provide professional golf management at the facility at a substantially reduced cost of operation. The City has been told that professional golf management could reduce expenditures by an estimated $250, 000 and increase revenue by an estimated $loo, 000 providing the City an additional $350, 000 to assist in covering golf complex debt service and provide funds for course betterment. In addition to receiving net additional funds for debt service and course betterment, the City wants to insure top flight professional management and as such will require the Proposer to be an on-site manager for who this Agreement will be the major source of income. Interested proposers should read the material carefully, and if a decision is made to submit a proposal, it should be submitted as described in the proposal. Proposers should note that the City will be looking for a strong financial commitment from the successful proposer as that individual or entity will be required to purchase from the City for cash the golf merchandise, golf carts and certain fixtures. Sincerely yours, Alana McIalwain Administrative Manager 220 4th AVE.SO., !KENT,WASHINGTON 98032-5895!TELEPHONE (206)859-3359 FAX#859-3983 1/14/93 REQUEST FOR PROPOSAL CITY OF KENT RIVERBEND GOLF COMPLEX City of Kent 220 Fourth Ave. S. Kent, Washington 98032 The City of Kent Department of Parks and Recreation is seeking a Director of Golf for the Riverbend Golf Complex. The Director will be expected to staff the Complex in order to provide starters for the 18 hole and par 3 courses, operate the driving range and mini-putt, sell golf merchandise, give golf lessons, rent power carts, provide course marshals, and operate the cafe (snack bar) . golfrfp.doc SUMMARY OF PROFESSIONAL SERVICES OFFERING 1. Background The City of Kent owns and maintains the Riverbend Golf Complex located at 2019 and 2020 West Meeker Street in the City of Kent, King County, Washington. The Complex presently contains the following facilities: NORTH OF MEEKER STREET * 18 hole, 6, 600 yard golf course * 11, 296 square foot clubhouse (includes cafe, starters cashier area, 3 administrative offices, conference room, public area, restrooms, cart barn, and maintenance shop) SOUTH OF MEEKER STREET * 9 hole par 3 course * 2,400 sq. ft. clubhouse * night lighted driving range with 38 stalls (22 covered) * pro shop - 1, 800 sq. ft. of merchandise space and storage area * 18 hole mini putt course The Golf Complex is divided north and south by West Meeker Street, and east and west by the Green River and a bike/ pedestrian trail. Meeker Street carries 40, 000 to 45, 000 cars a day. There is a marked crosswalk controlled by a push button light. The Green River is crossed by a pedestrian bridge which allows multi-use by golf carts, bikers, walkers, skaters, and joggers. The golf course is relatively flat with three lakes on it and can be played year round. There is an automatic sprinkler system on the 18 hole course which is fed by a well on the property. The par 3 course and the driving range is presently watered manually by hose and sprinkler with water pumped from the Green River. There are plans to put in an automatic sprinkler system for par 3 and driving range. The golf courses and service facilities operate on a 12 month, 7 day a week, dawn to dusk basis. For the years 1989 through 1992 , use of the facility has been as follows: #'¢?:.2.,°,�� t:Y:'.,'; o.',.,.,..,.�..,>:,i'.,..,,._. 18 hole course Par 3 course Driving range Playing rates and other fees charged are included in the appendix of this RFP along with all relevant financial data on the Golf Complex. These figures should be closely studied. The City of Kent through this selection process seeks to find the most qualified Director of Golf for the facility based on three important criteria: experience in the golf industry, ability to serve the public in keeping with the "Kent Cares" philosophy, and the financial offering to the City. 2 . Summary of Selection Process The selection will be made with the assistance of a Selection Advisory Committee (SAC) . The Committee will be appointed by the City of Kent, ^ if Advisery a"' d• The Committee will make its recommendations to the City Council based on a two phase process of 1) qualification and proposal evaluation; 2) personal interviews. The contract will be awarded to the party whose qualifications, experience, professional attitude, and financial proposal best meet the goals of the City of Kent's golf program. 3. Summary of the Schedule Interested parties must submit their qualifications and proposal by 1993 . Qualified proposers will be invited to interview and the contract will be executed as soon thereafter as possible. 4. Contract Objectives The goals of this contract are as follows: * to maximize the service potential of the Riverbend Golf Complex to the community and the golfing public; * to maximize the revenue potential of the Riverbend Golf Complex; * to operate the Riverbend Golf Complex in a fiscally sound and responsible manner; * to establish a partnership with a Director of Golf that will help enhance the quality of the facility and the services it provides. 5. Selection Process The selection process attempts to minimize the cost in terms of time and money for both the proposers and the City. The initial qualification and proposal phase will insure that only fully qualified individuals will proceed to the interview stage. To be fully qualified, an individual must show competency in each of the criteria required by the Selection Committee. The City reserves the right to reject all submittals and will be the sole judge of those that will proceed to the interview phase. Expenses incurred by the proposers in this process are solely the responsibility of the proposers. Proposals will be viewed by the City as a firm offer by the proposer and will, therefore, be used as the basis for the contract. The intent of the City is to allow proposers approximately one month to do the necessary research and preparation in order to submit a viable proposal. The City reserves the right to adjust the timeline. The contract will be executed as soon as possible following final approval by the Kent City Council with the length of the contract not to exceed five years. MeGarth j�� •�y( y� l 'C:�'il:.:'v')JaWIj,>.ai4f'' will be the lead staff ^�;1.:.:.�:.;::;::::»;::,.:::;»<: '�: person invo vec�"`with this process. You may contact . Tl. at 206-859-3357 for questions. nice �e32taet �' -t i t en n 'tom er a.t., n't effieials involved_; t i a. t :ta-,.a r v 6. Criteria Qualifications will be judged on responsiveness to the Qualifications Questionnaire. Proposals will be made on the proposal sheets supplied by the City and enclosed. Place all materials in a sealed envelope marked "RIVERHEND Ci?17a8" PROPOSAL" . Provide ten (10) copies of all materials submitted. All proposals must be received by the City no later than 5: 00 p.m. on keel 1993 e�p � by midnight of -•-� e. They may be delivered or mailed 's. 'City of Kent, Ghif *''---inistrat. A€fiee- moo 2 #k Fourth Ave. S. , Kent, WA 98032 . The financial aspect of the proposal will be structured as follows: * The proposer will request a percentage of green fees, range fees, and mini-putt fees to offset costs incurred by the Director in selling green fees, range balls, and mini-putt use and for the providing of starting and marshalling services. * The proposer will effer to Sri the City a percentage of gross merchan*dl§'6*sales, "food and beverage service sales, lesson revenues and cart and club rental sales. Based on the percentages offered and the expected volume of annual business, the proposer will guarantee a minimum annual payment to the City. Proposals will be made on the proposal sheets supplied. All percentages and the minimum annual guarantee shall be firm for the life of the agreement. Minimum qualifications will include: * Management experience in the golf industry having direct contact with the public; * A reputation for knowledgeable and professional service; * A demonstrated commitment to affirmative action in employment practices and to non-discrimination in service delivery; * A clear financial ability to meet the terms of the required buy-outs contained in the model contract regarding merchandise, power carts and food service. 7. scorincr The Selection Advisory Committee members will use a scoring system in their evaluation of the written submissions and in the personal interviews. The system will weigh the various criteria established by the Parks Department and the Golf Advisory Board in order to select the Director of Golf. S. Buy-Out Provisions The Director will be required to buy out the City's current merchandise inventory using the formula set forth in the management contract. The credit ledger kept for amateur tournaments will be subtracted from the cost to the Director. Food items which are in inventory as of the startup date will be purchased from the City at invoice prices. The Director will also be required to take over the City's existing power cart lease and to purchase City-owned carts using the formula set forth in the management contract. z r ,.y{. .;•n ..xo...... M."* 5�'H. r}y�..; :,tly `: .5+.� fm :;�i L:v:.:::{::ni}JJ}{}::: ... ..... ....... ....... .. .v':.v..:�[:'v::::::...y:v.::y.:r^:;:i.:::})•{•.::Y:i.:{:i::ii J::J}}:c"rJ::tiG}i}:i{{:iJ::J:.:t{ti:S:..}f:ii:{.:t N.ii::.vtti�::6:i+ilri.:::i:•:, } i •� i}�>:�:.. `'„ •'.i�:�" ";`��:IM:M:��v:::.S,If�M;{:� ::J��,�',•' � !W,.:.M. t�::'i.�l,',A;�}}ii : •f:.:::. c;.w:;,:..J i}y:..t.}'.}.:::.... .}�...:o-'..,:a::;.fan}:::;.y:�, .J:o:;ia:".:�.: ..�.* �r}xx<++:c�}..,`j,,;.' .^°SG.': '<•<��, of�: ;R '?�::":.;`>;. .�'.0�i:#'. li:�:�:' d�',. '.,.:�",.:�`��i,�':�.' ?xi. ..... ... .. .:}'o} �}}:.}:;:..}:o:!•: ...,}x>;.,:c}}'• ,:.....}i:;.:;c:.;�::.>}:o}:.i:.JJ}};:.„i• r.:{x+{w wtacK..»: �•�G ..:w.w�i�}:toi:.fgs;p.;::�}o'i. :a.:6 is}q;., XJ:;� Ja:.}J}:.rt r•."' y.�a�,`.i• xo: �.t +�+.M �J S � � :r::: '} ti�:fn`'F.;..^,.: ::.f .� ��'• i:\Y,>n:{• ..h:`Y�},�i.Ck"4\QL`Y4CW4ti!p:%i%:.:: g.,h:.h9o.)obA. J.A'�O "':Si'r,.'i.'>..{i;6. ...{:>....:.:......{ 0 3:.0 �• APPENDIX A QUALIFICATIONS QUESTIONNAIRE Please respond to the following questions on a separate sheet of paper. Reference each answer to the question number. You may be asked to expand upon these answers before the Selection Advisory committee. Background Information 1. Name and address of the proposer. (include resume) 2 . Name and address of co-owners, if any. (include resume) Golf Industry Background 3 . Number of years in golf-related business. (briefly describe experience) 4 . Number of years in golf concessions, if any. (Briefly describe experience) Public Service Background 5. Number of years of job-related experience directly dealing with public. (Briefly describe) Affirmative Action 6. Provide information on history of affirmative action in employment. Restaurant Background 7 . Number of years, if any, in restaurant or food service industry. (Briefly describe) Financial Background 8 . Provide information related to your ability to finance this operation. (Include personal financial information and statements from financial lending institutions, etc. ) References 9. Provide references for all relevant experiences. Page 1 of 1 APPENDIX B PROPOSAL FORM PROPOSAL FOR DIRECTOR OF GOLF SERVICES AT RIVERBEND GOLF COMPLEX FOR KENT PARKS AND RECREATION ) (FROM THROUGH Date Dear Sir: The undersigned, having full knowledge of the terms and conditions of the Director of Golf contract, hereby offers to enter into a contract for said privileges with the City of Kent, Washington, for the following consideration to be paid to City by Concessionaire. per cent of the gross revenue for all food and beverage services. per cent of the gross revenue for all golf merchandise sales at the golf course. per cent of the gross revenue from all power cart and club rentals. per cent of the gross revenue from all golf instruction charges. $ Minimum annual guarantee. per cent requested percentage of greens fees, driving range fees and mini-putt fees. Fixed fee for each month during each calendar year as set forth in the agreement. January July February August March September April October May November June December Page 1 of 3 Each proposal must be accompanied by a certified or cashier's check payable to the order of City of Kent, Washington or a bond for the single proposal submitted, in an amount of $1, 000, to be forfeited as liquidated damages in case the proposer shall fail p� ME or ne(�lect to furnish a .::...: i..) is '..{ {. nce Dy �?'...an insura ....�..y..:.):..a.. :: ♦yy. M{. :NI'.4�:AI: R i':.,.e :�:J:i:i:iii isv:)ii:{S'},+::i:..r:).i.:)i:{•.is�.:Y))ii:>Q.is:n):hi:::.i'<e!.))i:.))i:.i:.i{:'):Y.. ,,.:ca{:::'�'%:::{yi�c:`a.)'ccc}cv..x .;..xy:3:`.): ..::.:..:...:........ a and to 'execute the contract within fifteen (15) days after receiving said contract from the City for execution. If a bond is submitted in lieu of a certified or cashier' s check, such bond shall be in the form included with these specifications. Proposals and qualification statements must be enclosed in a sealed envelope, identified on the outside, "RIVERBEND PROPOSAL" , and delivered to the Chief Administrative Officer. If the undersigned is the successful proposer, he or she will either return the contract signed or reject the form of contract as tendered by the City within fifteen (15) days from the date of tender. It is understood that the right is reserved by the City of Kent to reject any and/or all proposals in whole or in part or to accept the bid most advantageous to the City and that any contract is subject to review and determination of the City Attorney as legal sufficiency of any proposal submitted. The City reserves the right to negotiate, with the successful proposer, the terms of the contract attached hereto as an appendix, in order to best serve the interests of the golf complex. The proposer states below whether he or she is doing business as an individual, a copartnership or as a corporation, all partners are named and the person signing on behalf of the copartnership states his or her position with the copartnership. If a corporation, the proposer gives the state of incorporation, whether it is licensed in the office of the State Corporation Commissioner to do business in the State of Washington and the position of the person signing on behalf of the corporation. Page 2 of 3 NAME OF PROPOSER FORM OF ORGANIZATION (individual, copartnership, corporation IF A BUSINESS IS A CORPORATION, STATE OF INCORPORATION IF PARTNERS, LIST NAMES OF PARTNERS SIGNED (PRINTED) DATE PHONE ADDRESS * If proposer is incorporated outside the State of Washington, please indicate where the contract must be sent for signature to bind the Company and for affixing the corporate seal or other evidence of authority to sign the contract. Page 3 of 3 APPENDIX C INSTRUCTIONS TO PROPOSERS 1. PROPOSAL Proposals and bond, certified check or cashier' s check and completed non-collusion affidavit shall be enclosed in a sealed envelope and addressed as required and filed as required therein. All proposals must be clearly and distinctly typed or written with ink or indelible pencil without erasures or changes, and any erasure or change may invalidate the proposal. All proposals must be in the form furnished by the City. Any statement accompanying and tending to qualify a proposal may cause rejection. 2 . WITHDRAWAL OF PROPOSAL A proposal may be withdrawn on written request of the bidder received prior to the scheduled closing time for filing proposals. Negligence on the part of the proposer in preparing this proposal confers no right to withdraw his proposal after the scheduled closing time for` filingi "awl © xis ar�lnr7sss�x� to endx �, �l,vdt� b�ssrtci' ��t ;earth; i� 1p _ 3 . LATE PROPOSALS Proposals received after the scheduled closing time for filing proposals, as set forth, will be returned to the proposer unopened unless such closing time is extended by the City. 4 . ALTERATION OF DOCUMENTS Except as may be otherwise provided herein, proposals which are incomplete or fail to cover all items in the Specifications or which have been altered by the proposer may be rejected. Page 1 of 3 5. MODIFICATION OF PROPOSAL Change in a proposal already delivered will be permitted only if request for the privilege of making such modification is made in writing signed by the proposer and the specific modification itself is stated and received prior to the scheduled closing time for filing proposals. However, a modification which is received from an otherwise successful proposer which makes the terms of the bid more favorable to the City will be considered after contract award and may therefore be accepted. To be effective, every modification must be made in writing over the signature of the proposer. 6. QUALIFICATION OF PROPOSER Proposer qualifications will be reviewed in accordance with the specifications. 7 . ADDENDA TO SPECIFICATIONS Requests for additional information or for interpretation of the contract documents shall be required from the City of Kent, in writing at least six (6) days before the proposal deadline. If additional information or interpretation is needed by the proposer, an addendum will be issued to all potential proposers of record. The provisions of any written addenda issued at least three (3) working days before the proposal deadline shall be binding upon the proposer and failure of a proposer to obtain such addenda shall not excuse him from complying therewith, if he is awarded the contract. The City retains the right to amend its request for proposal following its initial release. 8 . BASIS OF AWARD The award will be made by the City Council to the responsible proposer submitting the most advantageous proposal to the City. In determining such proposer, the City will take into account among other factors, the proposer' s qualifications to operate concession at Riverbend Golf Complex. Any determination of the responsible proposer submitting the most advantageous proposal and award are subject to review and determination by City Attorney as to legal sufficiency of any proposal submitted. Page 2 of 3 The City reserves the right to reject any and/or all proposals in whole or in part, or waive irregularities not affecting substantial rights. The City further reserves the right to negotiate, with the successful proposer, the terms of the contract attached hereto as an appendix, in order to best serve the interests of the golf complex. 9. SUBMISSION OF PROPOSALS A proposal shall be submitted on the proposal form furnished by the City, in a sealed envelope, addressed to Ted MeGarthy, Ehie€ Administrative GffieeL City of Kent, Washington, 220 Fourth Ave. S. , TCerit` ash'ingbon 98032 . The outside of the envelope shall hINi be marked "GITY OF KENT., GHIEF ADMINISTRATIVE 01 .*'VERBEND GOLF COMPLEX PROPOSAL" . Page 3 of 3 APPENDIX D BID BOND KNOW ALL MEN BY THESE PRESENTS that we as Principal, and a corporation organized and existing under the laws of the State of and duly authorized to transact a surety business in the State of Washington, as surety, are held and firmly bound unto the CITY OF KENT, a municipal corporation of the State of Washington, in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment whereof well and duly to be made, we and each of us, jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that whereas the Principal has submitted, or is about to submit, a proposal irrevocable for the period specified in the proposal to the Obligee on a contract for NOW, THEREFORE, in the event the Principal seeks to revoke his offer for any reason not authorized by law and not consented to by Obligee within the irrevocable period and if awarded the contract and the said Principal fails, neglects or refuses to enter into a contract to perform said work and furnish said labor, equipment and/or material, and to furnish performance and labor material payment bonds as required within the time specified, then the amount herein stated shall be declared to be forfeited and become due and payable to the City of Kent. SIGNED, SEALED AND DATED this day of , 199 Principal Address By Title Page 1 of 2 Surety By Attorney in Fact Washington Agent for Service Address CORPORATE SEAL (PRINCIPAL) Page 2 of 2 APPENDIX E NON-COLLUSION AFFIDAVIT State of ) County of ) I state that I am of the firm submitting its proposal herein, and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amounts of this proposal. I state that: (1) The price(s) and amount of this proposal have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder, except as disclosed on the attached appendix. (2) That neither the price(s) nor the amount of this proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a proposer or potential proposer, and they will not be disclosed before opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. (4) The proposal of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. (5) its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix. Page 1 of 2 I state that , the firm submitting its proposal herein, understands and acknowledges that the above representations are material and important, and will be relied on by the City of Kent in awarding the contract(s) for which this proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Kent of the true facts relating to the submission of proposals for this contract. (Name of Company/Position) Sworn and subscribed before me this day of 199 NOTARY PUBLIC My Commission Expires: Page 2 of 2 APPENDIX F INSURANCE - PROOF OF COVERAGE Work shall not commence until all insurance requirements have been met and certificates thereof have been filed with the City of Kent Risk Manager. INSURANCE - PUBLIC LIABILITY AND PROPERTY DAMAGE The Contractor (Director) shall provide and maintain such public liability and property damage insurance as will protect the Contractor and the City from any and all claims for damage or personal injury including death, which may arise from these operations or in connection therewith, including all operations of Subcontractors. Such insurance shall provide coverage for not less than the following: 1. Comprehensive General Liability: $11000, 000 combined single limit per occurrence for bodily injury and property damage. 2 . Automobile Liability: $11000, 000 combined single limit per accident for bodily injury and property damage. See proposed management agreement for additional coverage requirements. Such insurance shall be without prejudice to coverage otherwise existing, and shall name as additional insured, the City of Kent, its officers and employees, and shall further provide that the policy shall not be terminated or be cancelled prior to the completion of the Contract without thirty days' written Lnotice Qto } the City of Kent Risk Manager, h. ,, . } }t.. } }. ..l 1. the Risk LLafh . Notwithstanding the naming of additional insured, said policy shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer' s liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. Contractor shall file with the City of Kent Risk Manager, a certificate evidencing such insurance together with the proper endorsement, which shall be subject to the approval of the City Attorney as to the adequacy of protection. Page 1 of 2 WORKERS' COMPENSATION INSURANCE The Contractor, its subcontractor, if any, and all employers working under this Contract are subject employers under the State of Washington Workers' Compensation Law and shall comply with state law and provide required workers' compensation coverage for all their subject workers. Page 2 of 2 APPENDIX G AGREEMENT 1/14/93 AGREEMENT FOR GOLF PROFESSIONAL SERVICES FOR RIVERBEND GOLF COMPLEX THIS AGREEMENT made and entered into this day of , 199 , by and between the CITY OF KENT, a municipal corporation of the State of Washington, hereinafter referred to as "City", and , Director of Golf, hereinafter referred to as "Director" . WHEREAS, the City is the owner of Riverbend Golf Complex, which ownership includes the land upon which said golf complex is located, the buildings and other improvements which are a part thereof; and WHEREAS, the services of a Director of Golf at Riverbend Golf Complex are desired so as to provide such services; and WHEREAS, the City wishes to contract with the Director for operation of the clubhouse facilities, cafe, golf courses, pro shop, practice range, and mini-putt as a part of the City' s Parks and Recreation Department; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Section 1. NATURE OF SERVICES PROVIDED. A. General Services. The Director' s responsibilities include the collection of fees and providing of starter services for the golf courses, operating the driving range and mini-putt, operating a pro shop to sell golf merchandise, operating the cafe, renting power carts, running tournaments, providing golf instruction and club repair, and other services and operations common to golf facilities, except as otherwise agreed upon between the parties in writing. B. Specific Services. In providing the general services described above, Director shall provide not less than the following specific services: 1. Pro Shop. Director shall operate a complete and first-class pro shop. It shall at all times maintain golf merchandise, supplies, and equipment in keeping with the demand, provided that no individual line or make of golf merchandise, supplies or equipment shall be handled exclusively to the detriment of other lines or makes. Director at its own expense shall install such merchandising fixtures and equipment, office furniture and equipment, and golf club equipment, as may be appropriate and necessary. All pro shop fees must be recorded, collected and deposited in the pro shop cash register which will dispense a dated receipt to be given to each customer. a. The Director must display, sell, rent, and otherwise supply and sell to the public a44 golf goods, clothing, merchandise and golf equipment, which will be of good quality, diversity, and kept up to date. b. Pro shop employees must be friendly, well- dressed, and courteous to golfers, maintain a neat appearance, exercise good public relations skills, become familiar with regular customers' names, have good phone manners, and conduct themselves in a manner that is consistent with the "Kent Cares" philosophy. C. Prices charged for sale, rental, or repair of equipment and merchandise will be consistent with prices compar- able with other golf courses in the Seattle 90"< t'" area. 2 . Lessons. a. The Director and staff must provide competent golf instruction to all groups and levels of public players and make charges therefor. Qualified P.G.A. members or registered assistant must be available to conduct lessons. b. The Director and staff must operate at least one Junior Golf Camp each year which will be promoted by the Director and the City' s Parks and Recreation Department. :..::.:...::....:::.:..... .......:.:::.:..::. p' i : f �C �rfc�#nu#�s1 fcsx th e� to #Styx e:.: . . C. All lesson fees must be recorded, collected and deposited in the pro shop cash register which will dispense a dated receipt to be given to each customer. 3 . Driving Range. a. The Director shall operate the driving range and mini-putt. Adequate staffing shall be available at all times to ensure an efficient, safe and customer focused operation consistent with the "Kent Cares" philosophy. b. The Director must supply top-quality/clean range balls at all times. C. Range balls must be picked up daily to insure availability for the golfing public and must be easily accessible to the golfing public. 2 d. All driving range fees must be recorded, collected and deposited in the pro shop cash register which will dispense a dated receipt to be given to each customer. 4 . Golf Carts. a. The Director shall make fifty� --,=_r; Ekti >: golf carts available for rental at a the golf course, nd�".t.h6 carts must be kept in good condition and must be replaced and maintained on a regularly scheduled program. The Director will be required to purchase 21 golf carts owned by the n�%}}}n.,.3;».K.,:� .,..x.;.nr:.:nq..,.:ov»}}v:.:3+}}: •y3::, '{},.:.:�. : �.,y:3,�r.,:... .`}»::yni`,:.*,}»:.aq:,: I;4<::».. :.:r•y:;•Nn:..i 3}••.x{?}>.`}:{o}}..}::.}vi+:i cityC•y.;;ti��::.�. t...,. ?}: :: 3}:2.}:::3:u::.:..,::. i"�a+'... t`+N:,::.v.;k:L.rw }:}.: :},{}::.{,.:,:�.'#} it}......onies}:�`}+:3 ::,:,.<F,.<�;<;p.;r,. .i:" �h} i,.:.:< , .•:�: �::�:.,, .+,.:al?::#>.`%??}'k9.}.a�,`: %,»::;. .N,,!:}:L: . ><:::,k+£.:a :i:y:;}i:;`::aC..iN.:^j?:.` ��?%'J::�.:3��' �. 'ypy�.'�\�::.��'.y;y{�•:.�.c'€.,..'4�.� �`�{>.�1w�.�i�.�'" G#�::.G`" ::... ,�':/�".`:L:""i�,t:t'.�.:��`:��'r..��`�.,.�,.{('��:��:�..�. w:'s>:'':: ... �::::.::::..::...�: .v <:;•::..:.:;:..::.::.,.N/Y: : .J. :.::.. .........................:...:... ;.:;......}:::.:.: .::..:n:.:::::a:::::..:........}:3;:.:2}}::::{::i::{rai:�{.i:'�i>::`:}}}:;y}::: :::::v::..:,..1{..::{<: ::3>..::.,..r.: L.».::::F.::.•u.$:TQ. �':0:;:..:Y.}}{}:0.:.v: .: .0•.�............}n.1.:.::i}:.:'}i}:{:.. .�}..$.:.. { n..h'.:: n:L::.A.} ;::��,:`':�«�#':.:z:t� .;::: #5;�`i�:�lk��rr�l`I.::s:::::'��k#::>s:�:��?�t�►` :;::i�r�C�' k�.<.:::{:�)."�#►�ti::ik�::;:: s3E;' : {::{::i��:i::i� pricetr :ad � thexty.::shs�ls ; the �ty acquire the sat ............:::.............................................. ............................................................ ............................................................. b. The Director is responsible for all fuel necessary for operation of the golf carts. Director shall take every precaution to prevent fuel spills as a result of fueling operations on the premises of the complex and shall promptly report and clean as required by federal and/or state law any spills. Furthermore, Director shall indemnify, defend and hold the City from any and all claims arising as a result of fuel r spills on the premises of the golf com lex < ct "€ 1Te �? ?...: g p q C. The Director may purchase new golf carts during the term of this Agreement. 5. Starting. Director shall provide starters as needed for the 18 hole and par 3 courses to facilitate a good golf operation. Director shall be responsible for all starting of golf play and for control of both the first and tenth tees at all times. Director shall patrol the course during busy times to maintain speedy play and to detect players without properly dated tickets. 6. Cafe/Food Service. a. The Director will be responsible for the operation, management, and supervision of the food and beverage concessions in the clubhouse and for furnishing an adequate stock of food and beverage supplies for the operation of the concessions. The Director may provide food and beverage services at other locations throughout the golf course, with the express consent of the Park and Recreation Director or designate. 3 b. The cafe operation shall be friendly, courteous, and efficient, with quality service, food and beverage items and appearance. Staff shall be neat and clean. C. Price charged shall be consistent with prices in comparable operations in the area. Menu and priees-shaI4--be d. The City will furnish the Director with a list Y of Cit -owned restaurant equipment, which Director tit :})};.. ">{ .♦�y�y,�i ; ..i.�:.: }. ' ,.."..,.,#N'•'�'. ��. T+!;.;.�. :::ky� kn.:�� ..}iiY!{:k:^};:?: }k} se ::,;.',} kkk::,:ay :.:�:.. . GnfB?{{;??::{{k.:N)i:.?)Y)i, ..{•i?:k::k.;{.> n �iiAhiaw; � }..a..::5;:k::'S;:;::6+.v}.i..:. has to be replaeed, it shall be the re9pens*Oj3:jty--ef—the e. Maintenance of cafe/food service area. It shall be the responsibility of the Director to maintain the food service area, including all cleaning and regular maintenance to taps, hoods, plumbing, electrical. 7 . Full-time Management and Staff. Director shall devote full time, skill, labor and attention to duties in the operation of this golf course, the clubhouse and concessions, and hall be responsible for all management activities that occur during working hours. This Agreement shall be the major source of Direcfor's income. 8 . Fee Collection. Director shall collect for and on behalf of the City all greens fees, range fees, mini-putt, pro shop sales, club and pull-cart rental fees, motorized golf cart fees, and all other fees at the golf complex in accordance with schedule of fees established by the City ?A :}?5Or . the sch :i.n..:}.:. }::):.)):. :. v».:.....::. .. +o-�•:+.��.}):.}:.,:.},v,:.}k:Y::.:a::::..i�.)::::::.:?:k::i:�:.k}::;.:�.. ?.:.i..�:.):fa}:.)}i:.: Director shall" '`� ��...:.. )}•.::::v: :4.{}•:.Q n kN.'l:i.:{i0 $:.}: ; .Y.', .:Y.:} .. J )iii ...:}:::{:}}' . .....:.....:........ .:.. ..:: :`vi:):{::?ii"y'.:•n:k?i:?Ey%�:::::%%#k`::;�": ...}..., WK. i:.::: ...'{`::: �.�::*r:. yQQyyy.. ''..{{{ff{��y.jjy•��YY,, ...,• .2,.: . "�F;��'��,`., ? n: tapes and the daily golf reporty` :: 'sa ` mmm h register ?::::n:.::.::::::.:::n:.:{{<..:...:.::.::.,.:::.::::.:::......+:.};..:..::..:.:;::..,,.... :.... ..::: :. Date ef �W1. WO#_Iqe last Director shall be responsible for any y funds while the same are in its possession or shall provide City with a fidelity bond and as set forth in Section lo, subparagraph C. 4 «;r }•.) i : ................ .. .isN}ii'iiiv}i'v'::M.:Sx:.}J{p:};:• �� yr: f:?i'. T` : :,a.`•ii�. Yd;:tq.r, 3•i» �. ,.� .r.f r aF. f' C?<:�::Si,.•; ..}h::,'<: ,.y{?::.:r•> «y>af:,v ...<:r 'yei:: :aa. .:. y}i} ''�9..• '�f,'/i. .>�} a :."' .:r;; {y`'#}.,T}. 'ik. :..l.r}+..: ::::hq,::•:Skti't�1Ju�f:<'d:% :.,.... : Section 2. GENERAL OPERATING DUTIES AND RESPONSIBILITIES. A. Utilities. Director agrees to pay for all electric telephone service reIat"ed to Director's area of responsibility. B. Protection of City Interest. Director shall in all circumstances protect the interests of the City and the public. No person shall be afforded free use of the golf course `or facilities unless approved by the City. :.}:.:.}::rt•.,:a:.v•:.:".}:.{.N;:•.i:{.i:..v::h:.}:.';.v:t:::i.v::y.::::.x..::.::•:::::::.v:.v::.v::..::. ............ ....C}i:n.......r. 2.. ......:.:.:..:.. ..:...:........:..:..: :t}:.iri.}:Sq:}..::.i:.::.}:^}}:ttth}:f.}}::.v.v: :...Y..}:^:.:f:i:.::::.::::::.:i::::.:....::::.v::.:.v::..}:.i'.}:•}i:•:f:::;.... .::.f:{:.'.:.:h.:.ii i:. S'. js :'i'}}:}�:�.I�sw.ii;f`� ::..::::.::::::::::::::::::.:::.... ..:. ...................... C. Golf Complex 4 tr f Superintendent. Director, " or designee, shall consult"wit2tFe"Cit ' s Golf Gsrt pz` zXl= Superintendent, , to determine when the g:S.}.,:.:::::.::tt:.i}.., f:.i»:.i:.it.i;:.Y ol— course ma be in a condition rendering it unsatisfactory for golf play. The City' s Golf Complex R 9[S C 1 #' ""__``_n.—el may direct that the golf course be� ciosedi€' } � < ,..).r.:...v::�..,:.�:•:::..}.:}::/5.: ... }::::Jv:::vxh�ri:�:�•�^ .:.�::,�A.,fL^..:.:::.^:�„(}IM ��.:�f�:/,..:��.;L�FF�.,<..4!K.M�r: �'.....:.�:..v:.........r .+�' .....:..:f.e�.+:. . .: .....�.a •..»^':a::f�r•»:..�r.::�:. . X :t:` r.,'»a'3� 'FQ�EY:' �"%j;?'`1.::,�...,: y..1:�.:.:m,¢vv::: :v:}:.. ;. J.•Y.'Y .. .. ...[��'[... ....1�.�y 4:...{>.l:i^.j'?:Sh....n.:...:.. ......v.. +S.::i".::::n:.:i..vf}:::v::si'>.i:t:}:i}:S.i>'fth:.\`.:SL:F:}i>ii'ff.ii}.^}S.i'.}i}:!.}:::. :.v. ......:.. .}. : R:.jLi:Y1: (^�.i.M'.�i. '...}} :y..� '::j.V. k ,c} �y yy+� �1•�:,j .sOi:::.�.�i+::`:. ...:...; �}n.. ...�•..s■�[){�}�y .............:..v::::::..�.v:: ::.v::....................................:kAR!..v::.��'i ..G., ::}E.#.4: ..:..............h:....:. i.:is tfn:. .vn ..vn .:. :.: ..:..........:. ...... �f} �]'y��vn ��yytf p �L::.:J}i:::}:.::::h':ni tti}::•:alb ...C:y: .::.:...::...v..Sr.:: ::i'}}... ":f:4!:Q!'LI•t..1R.:1`J.+^:-Q��yi'. .1i./�{: ':`}:'�`�'\��: �'v^;.::.{ : .../� :: }::j•�-,� :t+:i.�`��yT"� n�I..M.I'...�.Y: •x : .': - ::;;%3:R ii 3 ?:ifQ.'y:<y'::.i: :}f.'•:*::.c i;;rho Director shall refuse rental of motorized golf carts if, in the opinion of the City's Golf Complex l r s� ; zr the carts might cause damage to the"" se g g golf course itself. D. Hours. Director shall provide service to meet public demand, and shall keep the golf clubhouse open each day that the golf courses are open for play, and at other reasonable hours as prescribed by the City. The golf course shall remain open for play unless an emergency, a natural disaster, or an act of war requires it to be closed. In the event that City determines that regular maintenance requires that all or a portion of the course should be closed to play, it shall coordinate such closing with the Director prior to actual closing. Director shall be given verbal notice and shall post notification of closing in a conspicuous place, in order to maintain proper public relations with the golfers. E. Janitorial Services. 1. The Director shall be responsible for providing routine maintenance and janitorial services for the 18 and par 3 golf clubhouses, cafe, and pro shop. The janitorial services shall include, but not be limited to: cleaning of windows 5 (inside and outside) , shampooing and cleaning carpets, maintenance of lavatories and washbasins and other interior furnishing, equipment, and fixtures. The Director agrees to keep the pro shop and clubhouses, and cafe in a clean and sanitary condition at all times to the satisfaction of the City and the premises shall be open to inspection by authorized representatives of the City upon demand. 2 . The Director agrees to keep the lavatories in the clubhouse open at all times the golf course or clubhouse are open for business. 3 . The Director agrees to keep the bulletin/ readerboard updated monthly and clear of out-of-date notices daily. F. Security. The City will provide for the installation of a monitored burglar alarm system at the clubhouse, pro shop, and par 3 , and the Director will pay the monthly service charge for the system. G. Policies. 1. Director will enforce the rules and regulations established by the City Council following input from the Parks Department, Golf Director, and Golf Advisory Board relating to the use of the golf course and to the conduct of the players and other persons while on the premises. 2 . Director will insure, for the benefit of the City and the public, that all persons using the golf complex facilities conduct themselves in an orderly manner. Director will have the responsibility right under authority provided by the City to cause unruly persons or those under the influence of intoxicants to be expelled from the golf course premises. 3 . Director will not foster nor permit any illegal activity on the golf complex premises. No illegal activity nor any activity which may reflect to the discredit of the City will be tolerated, and any such activity shall be considered by both parties to be grounds for the City' s termination of this Agreement. 4 . Director will answer and handle all complaints and shall supervise a public relations program. In dealing with the public, Director will always act as the City' s representative, and will not speak toward City policies or decisions in a derogatory manner. 6 5. Director will promptly pay all bills, wages and other expenses incurred in connection with the services or facilities covered by this Agreement. 6. Director will operate the golf shop and cart concessions subject to such reasonable rules and regulations as may be made by the City. 7 . Director may not use the premises for ancillary revenue-producing activities unless expressly authorized by the City, and any such activities, if authorized, shall be subject to all provisions of this Agreement. 8 . Director will actively assist the City in achieving its affirmative action goals. G. Operating Procedures. 1. Director will operate the Riverbend Golf Complex in a professional manner consistent with the City' s Golf Complex Mission Statement. 2 . Director will cooperate and coordinate with the Director of Parks, Golf Advisory Board, City Administration, and Kent City Council to ensure an efficient, safe and customer focused operation consistent with the "Kent Cares" philosophy. 3 . Explain and support City policies to staff and golfing public. 4 . Regulate the play and conduct of all persons on the golf course, including keeping off trespassers and preventing injury to the golf course by players and others. 5. Collect for and on behalf of the City all fees, and issue receipts for greens fees, range balls, cart and club rentals, mini-putt, pro shop sales, lessons, and all other related activities at the golf complex, and daily deposit fees to the City bank account pursuant to Section 1 (B) 8 above. 6. Report tournament schedules to the Golf oqj [ Superintendent each month. 7. Keep the golf course open for the prescribed hours of play as described in the Golf Operations Manual. 8 . Make a daily physical inspection of the complex, and report any unusual or unsafe conditions observed during said inspection to the Department of Parks and Recreation immediately. Such reports shall be followed up in writing. 7 9 . Promote slow-play periods to increase play and income. 10. Provide documentation that dollars were spent to advertise and promote the golf course, pro shop, and/or clubhouse services. 11. The Director or designated must communicate with ....... :n.. on a the Golf Complex3: Super daily basis regaraiw course conditions, tournaments, and special events. 12 . The Director must handle reservations in a fair and open manner and in accordance with the policies and procedures established by the City. 13 . Attend Men' s and Ladies ' Club meetings and events. 14 . Insure that all signage in and around the clubhouse and pro shop is of excellent quality and appearance. All permanent signage must be approved by the Director of Parks and Recreation or his designate. Section 3. OTHER MANAGEMENT DUTIES. A. Director or designated head golf professional must be :ozq::<...;:.:,.::i:'}g:p:::g..;5^.:a:2;`; :^:};G:::.::grn;:r.•j:. ii>: p:? :::::"; P.G.A. cxsd as an fives mernber> eu�ren -ram n n B. Provide a marshaling program for the golf course, except during inclement weather and obvious slow times, to speed up play and check receipts. C. Play in Pro/Ams to give club members an opportunity to participate. D. Insure a high-caliber, quality staff and institute an ongoing staff training program. E. Develop a successful major area amateur championship to be held on an annual basis at the Riverbend Golf Complex. F. The Director shall cooperate and coordinate with the golf �' k "? #t: en_, maintenance : .�w:::::.:.n:.:.... .a d.:3r.#.......:...:..:...:...:::.:... supervisor, ai maintenance staff in order to meet the standards set for the Riverbend Golf Complex. G. Insure that a designated qualified and easily accessible Golf Professional is available to work with and run tournaments for the Men' s and Ladies ' Clubs, other Tournament Chairpersons and outside groups. 8 H. A designated Golf Professional must cooperate with and be easily accessible daily to the golfing public. I. The Director shall provide competent personnel necessary for such operations and shall supervise them in their work and shall pay them for their services at the Director' s sole cost and expense. Personnel employed by the Director shall not engage in conduct injurious to the interests of the City in having an efficient and successful operation at the golf complex. The Director shall not conduct any other business or social activity on the golf complex premises, or use the golf course, clubhouse or golf pro shop for any other purpose without first having obtained the express written consent of the City. The Director shall not be otherwise employed or engaged in other business which is in conflict with the responsibilities and duties of the Director under this Agreement without the express written consent of the City. section 4. TERM. This Agreement shall commence on terminate ; , 199 +. 1993 and shall .' .. .:.:::�f.f�. .}:,. ...""....:.•yam. :.:�:: ................. e'9'.. .:i:�:�::::.;f::�f.}:oC...:.......'i�::i}:.}:.::: •.:'.'• f.}'.}::::>.}::::..:..f.,..v..t..f. : ..::v.• . :i>..:.. ..,�:". .,.: ...: 5<:< .�21¢:>:i� ��:..f.� 1:::::}::.i}:'f.,::f:.:.:::.<:.i}}:.}:.;:.f.:..::::::.:.:::::::.: :...::.: •: •.,.: ::.::ff:�/*��8:::�HR��i:::ili'�1Mii::�::4: .,.�.;I,�Y., .::n .. y� }. I A. Annual Evaluation. The City will conduct an annual formal written evaluation with the Director during November - December each year. Results of the evaluation will be discussed and shared with the City Council. ........................:::::::.::::..:::::.c}:}}}::.::. ...n.`......:}::;::is.'}Y:<.:%:i::SS2}:j i yTf`:K: "':i` ;:;:?:: Y°%;`y .:: � Cat2s grcltinty ciu �ig... nrn »a put ....... .:. :::::ff.}'::::.:>}>}:.}}::::::.:,}ice.:.:.::.}.}: .:..::..f.}>. } .:": :..:::: .. .: •: .:: :::.::::}:...: :}..}:>. . ..as'':;sdr:x:v ±r;� ; ,�rt� CzQI,. ............._....::.:,::.:.:: :::::}}i};':,i;}}}:i}:S.'r''.:F::::"'}:;gf:. ...........� : i`i'}}:,>^J.y:::2::."iii::%oi`:Ri'fff.};y":: : . �e }}}:;..;_::.a.}zifai:o:;>:f.>,iii;.'}i_;.,i_•}:.:.,. }<; ::f:i:f:>",. g. �ire� tr pesx�rsn1b11t1�is,., 1. ta� tiri cltcsxsa ands so k�uild�.ns � 9. � tT1 ..7ia3#1 .... [cA11rc41iG11+ Y7r "u R1# C323G1t xL 9 ....e;Sm \,:J .iy1�1�..:M .:' ..,k3+:f;{?+4k.::{f.: ...X.?3..v'::.:nv y J..}..x.+.•. :::,;•..i .:tr: >:�t:' {f:L•::::?. :: _::>:v.:: .v:?:::..:: ::.i'::.i . zf.?%:?.�:,3:f.3:,.?,?ff:.?ff.?:;?f.;:.,:,. : :_. :•.:::%f:J4?%...:f;:«;:'p?3::..;'f?�.;:; ?„ GI'J4Mfi?. .'�Ft .:.::.:???:i:.:?::?:. :f.3:iY::Fk:iJw.''i°...f.:.„.:;?:;..4}>: . ,... .....'33:{}n??v'ti>.:{+,•.<?{':3. h.:ri0::::4%{;,f„ ..,.:..4...n?�C. n.�.:...i....n3:...: }... .. n n••: ............. ..:..v+....,..:«,.:....., . ..,: : . 'Yciz* t` ":S"�2�:i'':. i'. �Z'::::.::.::::..:::::fi;•.?f:?:?:::::::.}:4?:4?:«?;.;?3:4: .... ...::: ...+::.:.::;;..???.:.::.:...'::..i}'::::::y.: ;:+'`?:::?{' ?:f:'o3:f4;.:{f;::fr:i':.':?::3:{f{p:9:%i{':*./f{/; y(y$ j1� y *:.f.•/W '{�`.� (1]��.,.}� :{f; ?f: ��{vf? "{�� il� .>:2:;u•:"¢ .p: •:.:::. :::::: . t 3.:..3.: ' :.:R::� . c: {{3:{'.'+%%fi;5:%.v%:.;%{G.>.: { Cb,„#::.i:."`:;;;.. .. .'ia:.':3: Section 6. OTHER A. Director of Parks and Recreation or Designate. The Director of Parks and Recreation or designate shall be the designated representative of the City for the purpose of supervising and managing the golf course grounds and clubhouse operations, and to insure compliance with the terms of this Agreement. The Director shall first address all concerns to the Director of Parks and Recreation or his designated supervisor. B. Golf Course Marshal. The City may, at its own cost and expense, provide a golf marshal at the course who shall check that all players have paid the necessary fees and been issued receipts. C. Rules and Regulations. The City shall establish the following: 1. Rules and regulations for the operation and use of the golf complex, including but not limited to: a. The minimum number of hours of play for which the course is to be kept open each day and each week (a reasonable number) ; b. The minimum numbers of hours the golf pro shop and driving range are to be kept open each day and each week. nt:.:.. .... .:...n.::: x: ' ?: 3 � e h G1 :aTeame .� green fee p�ewe�ear- €ees range ball fees; =d pull eart-r �F" r... .............. Special Special Tournaments or Events. The City reserves the right up to ten (10) days per year to hold special tournaments or events which may require use of all or part of the golf complex. During these special tournaments or events, this Agreement will 10 be in full force and effect without any adjustments to the fees herein. .... ;n. :. yy�.�yyY +j .. .t"aiF.�."'niAiiifA: {7�$3i{ y..;; +� <':io`:'tf '.{}':.' �::��'.'*y>,.":y�i;}e":":"<+:'f:'+O:;Q«.,+::GE'•`:$%<$:!::i:$a'�.`"(:Y<$»7:{r'.}:a::+}::}s3.'n ::.:x{"'::}}:; _.. ... ......jj. .. :.}::{.:: +.,:n . . . ::::: .. "yy::::Li'.��d.:.:C .}»"� i�k::$:�"a�C"� `;��;`;�3,'IR.... �{•�'s>,,`:chi*::::rr<::::::r.:::..:.::. ,:....,.}: �Jt �v:>��#'pia:�1kE�`'.<'.'i :::T1 :J17<>'i;;}:`.}>! ........ .< cNiosytau�crnt�t# time..: : Section 7 . COMPENSATION. A. Fixed Fee Compensation to Director. As compensation for services to be rendered hereunder, the City shall pay to the Director an annual fee of $ in accordance with the following schedule (the "Fixed Fee") . This payment shall be full compensation for work performed, for services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to perform the work and services. For the month of: January February March April May June July August September October November December B. Percentage Fee Compensation to Director. In addition, the City shall pay to the Director a monthly fee equal to percent of the total greens fees, range fees, mini-putt fees, and club rental fees collected during the month, excluding sales tax, reduced by the amount of the Fixed Fee paid for that month (the "Percentage Fee") . The total percentage fee paid to the Director for any fiscal year beginning January 1 and ending December 31 shall not exceed the fixed fee for that fiscal year. C. Pro Shop and Cafe Management Fee. 11 �?;x' As additional compensation, the City shall pay 4rthe Director a percentage fee for management of thefre e-sh �A: XY.`:.:,..V :i::jk•:xitioY�:k::: { •::0::} •x4,L .. ::(`y. ..�Y i 'Q *1jw�,�w `O'l .yg} �§.�}�j �t,as 1Ql ows :. .:!,SR�i :� :ri?��'% '�':......"�, >•:z),...:. ::WJt.A::»:u.:t,..4t.�C��'�.,'.':O. nriLT.'?'xv.T�i�:��4i�ti�0..:{f:i?}};}}?rii:�: 1, percent of the gross revenues from all merchandise (new and used) , sales, club repairs, and allowances on trade-ins. 2 , percent of the gross revenues from all food and beverage sales (including vending machines) . 3 , percent of the gross revenues from motorized cart rentals. 4 , percent of the gross revenues from group and individual golf lessons. .;y. .'A.�$>t ::} ffR[ ;y. '1f >?t: ::F.: :'O' ,Sty;.. 1.. ............ .:::..: :l.t*t ,tc: dt+�..}},;}. <..:.,;..v �,3,� :�y ,y.. :..,o.:. h ` :;.}.. <:f.. . °'. t..:�r'.'Z'L'�i`. i7%: ta'.'i,` ili:$.,',,'W", ,F'. .w�.r.: :y.:;#i' �.,. :. :... ... i :.,:•:.:t>:,:J?i:;t':;..:{(:�yt.. i��ky1�yk.�i3: [ .�. .�'t. � .y �a :"[y }<fi 1�{/Y�..� � {}?+.}} ' :<}�?;}:.<:<'t'<.:�i?:,.:.:a: ,s.. ., ::w•:k....:R�'� ?y ?Ok'?�k}<:ox::i::S'tt.`ikk•• "d Hi. .�!Mk..: }; ;:u::::T.. ..: .:li'.:Yk ::: :,fi':: .:Y•:x::;P:• n..: D. Billing and Payment Procedure. The City shall pay the amounts due under Section 7 (A,B&C) , COMPENSATION, monthly. '�3 ..... ... ....... ... .:..........:.:....: .. . .:. . , q }: ' wk ae M} s `:.; t .a. .u, :kv.. in �!.a:' :W:. %* .... <<::*At"::.£htext;end}�<o�,.. each?:::.. n. Y mont]i;` the pity wiYl""total the daily cash reports prove e -� '� —� . �s for that Director under Section A} ...;}:;t.?}::+'.:t.:.>::.:'•':.+::':• month, and will pay to the Director the amounts due 7Cf<<5ceri ::...., . . . .t..... . � within twenty (20) days after the end of` t a morit . /1T] AND BGU4TfL/T' T p �'�'j��e�+`�4�(�! �3'I�VtR�- kC�'� ,l}AR7i:N�t;�F:�;+!! :..ki::i i::i i"�i::<;;}?}??' section S. �1VV�•N?' };}>:.}:.?:t.}::�.:};.}u:.:n.::::;}.:}}:..,.....}............ A. City's Merchandise Inventory. Director shall pay for and acquire the city' s existing merchandise inventory on hand as of the date this Agreement becomes effective to a maximum of $100, 000 as follows: percent 100$ of same ; 1 <=> : 1. One hundred perc ( ) ...:.t.:..:.,:.Y:.: ; aE€ €Ak €i<year Riverbend Golf Complex pro shop merchandise inventory at manufacturer's invoice prices. 2 . One-year-old merchandise ;i >x >;<>�<: <.... l= at eighty percent (80%) of manufacturers invoice prices. merchandise 0sit. Vt+t 1 3 > o € 3 . Two—year—old m <}}}Y:t.....:t.: :::.::?::.:}::}::.?}:.?s>:.:};:.:;:.}i:.}:.;}: at seventy-five percent (75%) of manufacturer s invoice prices. 4. Merchandise more than A:W` l s y old, damaged or shopworn merchandise will not be required to be purchased by Director. 12 5. Purchases of inventory exceeding $100, 000 will be a matter for negotiation between City and Director, and are not part of this Agreement. ..:.?)x.:..t.>.;4x.„:;,::.)JY}:.t.}:;.}:{.:>>}>:.:>')»„<Y The credit ledger kept. lop for amateur tournament winnings wiYl"be subtracted from thecos n :"3'{:>i':iv:{:n}:titC^}:4�"f`i.,'tff!. x}•.y #yf;x.>Yi:.::: i'<{i i��: T ;??? L7iY }.;. :.;,:;:}J::>::<,::}f;>:i;.}:{:ft;.i}:{tf:,>:ff.:a,.::.:.x.>:::ft. to the new Director. {.:...::..:.:: ,. . section 9. COLLECTION OF FEES nl' )- nBmmOn EY f .....:::::. ....: ......... ... A. The n i. shallea-u—se beedelivered anel a—aepesited g: --Ephe 91reeter shall install and maintain a—system ef G Gees .i l.. LtheG .. th an gr 1.L........gh designated - time d-Lnej business �3613i�'S, r a.a tives -te ins'pee ti , and a1 , a ti t — � E. All Gees dmenies eelleeted_ and reeeived a e.t ?..lG ......................::.::::��::..:::::::::.:::::.;:air}:.}:✓:�+wiioi>>"i:ii:fcr»:�:»Y:"{v..»i:i>:.}ri}:;a}>:')i{{{tti�i:;:}r��:.:�{":{{.?»>:;.>:c;;}}?ay'{<;i:}f;.'. �.v.. y.�.:i..:..:.y{t��,': ''�w�Lv{ii]�'Yl��:':: :y:.::::::::4n.:�:�;4::.:.'F:'.a:..x.::C'.:{..>:h4.x nv::.;Y•.{..%i.::.{>:}:::::: ' ......::::::::::.::'4:a}y}•}{>;C C;:.C.Cr::}O.`.}Y:`.i}:v".Y} ::pip}:.}:..,�{.:. y3..} Y'„..n.:...••:::: :: .. .:...:.. .. F,•{: .v .. p(Q� y1�yr� /i�(F-�yji{y pY..}'.:.:::n .. ••}}.:n:R}• h{ ;: +.:rvf: �, ...:yyiid�'..Q:r:: .. •R}}• .. :.}:y..�{.`�.(�..�::{C:{i::i:.j�:i Yi'�:f{:: y^ny�r•{•:.:'.1(.MF{: y� 7w}y. �. ..).. } .. ...••�I�iv:p �'h::� „A,1,�.;�J}:}M.:ii'/.:Y,ins,. �>.rvYl{��.:::::::�:::::rv�:::::::i.iv'{4}:{ii iii}}ri:a'.ii>}>i::::::: ........ ....... .:. a.:.,.:::::::.: „..;:.r:.:::";.':.}iii ?:::.:p>.:f{f:�;:4>:.::x.}>:.:: ::.){.... �'.'•'rtF'.yii�'f; ��°:: 5?Yry cV "�f:Q�{:?:p>'`�i^�.�:""` .�:'�::.. 3 ^ . �]{1!� o:a{:?': a::.p.}.z�v�z ,i� :::{:�+;<:>t<?::{:{ ) p.:}in{:,{. •R`>HF f ...........:: ::".}:.;,:)::C9i::�Cpi. 4y;}€j.M•"�{pV; ?.:".vF,•fyhC. :p',::}:., .: ?. �:?C >. .{J.'� +3:•+ .:.f,: :r'€:s::.i.;v):;J...: ........ }>%y3p.Yi"t{i'Y.}}.;`;{?es::r}r •aky o,.Y.,?.v,: ...}...Y:;}•: : . cr{. ...s..... al;i .ri :. .rw,i,::::#:,�ir,.iaSiY:at..:x .}.p:. ::M)a.: t. y..:;}:: : {•:h:{aa }:;t?<v:S%i#:^i::y;{}:iY:::> {rvC>``: }: :;:. .Y. '`�<% ' .••}�k. ' r ` " '�:ff <+i :'�:�'L,s<. ,yn+eiw1;?i:. S'..+•,`: ;. : >.�.y,✓ �..:W��4} .�r'�.�� ..{{.'.,,�:,^'L,.�:v7;'yrs. rva:i'y.: �::�:„;<n..:{.:p;r.. ::.,'x tw.o T<a`•:?r....;;,x%efx•: ?i':}r:#,:'{.a.}:,...:a>.,. i,..}.'}` .#.. ..'?... ::':%.... *yiiia. ... .. � :.. is?%{% ''•t �it�7if' � iM�� :51�:+�` ��t# �A ::v�vv }>i:+:C:...r'\.: nrvy.vt::r' :... .y. .i}:v,p•'); .:i:.4:n„...:w:::{:.:n.:v.1::�}�{ ...}\t{4.„,:t .f... ;..:..: 'a:xi: `':}C �('y:,f:.: fJiib��(y�y.y.�:.##'/I:�. : #:.:`�,,'{ :' F:::iiiF:i,4a�J:J:!Iif: ;W .i� yy��,, 3..:. :,,jj�yyp{. .�.+.,kk�' {� :::'A"MS"1�y"/:.{r::::11� {;. MV �, „1:� ..::.}.:.}.a:}:;"{L:: p""{::;{i.\,:.}:.i:.:::. . #fi .!., s.:rv.C::<::v .a .r:R a:p;•'.;?L:Y�«:. %:'f•..y,%,€`>x*x:vt�•!{k{{t+>L.. :M7 ..>e} p •:4:.}:.p::::{U'{:j?.:i{{n+::.0>�.;..ai:::Y:C}:{.>;;{: i{${:"':YY ` :)�`.Ni:ry� :°r ��%ism...: ../.,s';: :'€:::rv+`�rY!VM4�}::�lF.•:'!1F::4!'W,..;Simi .S.^.,�:i+?::.::}::,� :: .}:p.:;.i...>ii:� .....p::}v.v.:v..v: ........�.w:.:nv.n........:..:v:.. ..K.4.n.{f .. :i:rv:•tC:v:: ;ij�;„„•:.:;y.y.:3>y:..::,L::?�.;}%y�tI:y:Qly:M„$" va:'+<.. ..*.::¢ ....:::�:.::•: ♦��{yay y]1.� yyyy.yy/�ir.y ;o>.'�+..i!n.: :Mini:' .. ..NF:F1 .".�:.}:;G+RiMht{ni%�{}1� ..�5.'...... ....... ::.; .„i p{ n::ry t>::> . }�: ._�..:�.;{>::°:^:}:.:;:':3{yi;x';%?i.%%::;i}.`..}:?%•.I ........':,.:..:.v::>}>'v...};•:. ;:v(Jvi:'.:,....%::',�.:>" v.n :v.:: '.}r' E Y C•.W,.F •>F": `y�� ][ tl. f YN{:: lI ` nC:vl:,�,i,.?:{�'':'• :: YS34 .. v Y.riv}:}.>: : o'iA,�,�'6iia. �}.C•^4��r�t`� ,�.v;,�tf� '<x?:3.::}i{:;:i<.:{,u,. �':,i` i/�4TS:�./.. Tii �:�:. ..'.. : ..::.: 'i}4:...�'.,R.T,.T.:.:.:.:::��:.:N::.::::n.i'.:i p:p::n:::,.a:�..J:::vx.:...:::f,.ri:::ta•:.}:::.,. vi':O:i:x::i:{:::>p}:i'ff.. :i'C^:�::�:.. ;.:;.}iii: ..:.:::::..:YO :�:;v..::vv:: .•.•:,.+�v;t;.:�,:rv:C:..�:..aD::+¢}}fii<}}::v.i::::::::::..:n::..i:::.:: .:. ,..>}>:.:. .+..::�::;..::... .:. ...:.. J „�v +� . "�i`"4�',... ::�:s:.>:.{:tp:.:.::::::::::...........a.....:........a................ rv.......,a... 7!,Re::::: +J* ,>::?:;3:::}Y:3{•:.i:Yx::::�::::53::,}:f.::t:t ..% :.}?.� .... % ...............e.r.i::;.;...........;a� p:.y::....:.;. .:'Jo>:> °�;Yv.:3^:: iiif�l33::: .�ie.£:V::iYi :. �.+: ��..yy``}}�� +�. f55• MM .�. •o-:�.F�1,/..��io„ .' '.� a� i.' ixtt{ ;`:.'::}p:::i:{r;:R�?Y};{{i3•}+:::✓.Y'}i}i::,.io.�::::::::: :.;:::>:.ii:;x✓::.;;.:.}i:.:?°.p}:pa;.:03;::�4:3rv\:#•>:0't'•S.?:::.:nv.rv:..o..... .o.::... ; .:,:�(`c:}�i .. : �' � s� ..i::. ss��y��ryry'{n:'�'?.::y,r,,�� !�'��i:Yfi:"i;.::�{l�� :t � y.� t�$�,•�w yw�.iY. .1....:.;�:Ys: .�.?:T:�:3#h.:::rvv�:.< Fi!',.L!.a?,:.:::Lv:}.}�:::::::::::r::::i..{v:;�:..:i..::.�tt.:`V.)::::„::::::::.::::::CC:.F>.. .; :w�l:lt's::i]M;� :..��Fl9:T.:4i'}�'�' #:<•:+t �:le.,.:::'�M.,::�rv,..'�.,,,.. .:a..:.3. ,o., :Y:: �t, ...................vrv... r::•:.n.x:x.:t. �...v...::}.v.c............. .:v:x:v:a+r•{o:;Y?3}.:}'":{;:•;::}?}g:}w::?::::`:>+iwv.t. },;{::..:..::..: :. .. .�.y:++��ay+�, ::i:::{;i;i'{.:i:::{"2ri}i"p}�p;;:,#..C•.;;)/:c::}.<:.:._ :.:.rv;::. .:..}}i}:.....:. :;>::."' ;' 3:q; ::. ......... :i>:: :�: .?::Y:: .}':...:: ::.::::�E::'>:?: ��3(Ji:'i�"'k?�:�7"kC�"�'.�{';.:................. . .v.:: .: t ' ' .: :> :a:��x.iY.„:�►� . a��< . nc�>; ,�n ;� „<:< i:>}iii:.it;.ra.}i.ofi<::{::>:<:iiiii:.i }}ii:iii}}i: 13 .. 1 vi-� X: l:g ihi s r 1-i il zis vi 1s • ij% Jl M. 10 1. 5M5 �0 ..%1-1....10 .............. ............ ....... .......... 0 11 t .............. - t H-1. Pq N lo. ..... .... 102.,.: .............. ............... ........ gptg Rili ...0 li, �'.A-OXIMX ............ r-A. Mi, t X .1#'*"*"'**'*"�*th ." �.''* ................... ......... ""'16" 0`0 wd-Aft J ., b""W" iM......Ilk'si....�Pjj�] ky . ....... Section 10. INDEMNIFICATION, INSURANCE, BOND. A. Indemnification. The Director agrees to indemnify and hold harmless the City, its appointed and elected officials, officers, employees, and agents from and against all of their costs or expenses, including attorney' s fees and costs for liability imposed by law upon the City, its elected or appointed officers, employees or agents, for all claims, demands and litigation for damages for injury or death or damage to persons or property arising out of or resulting from any contractual liability obligation assumed hereunder and any act or omission on the part of the Director or his agents or employees. - ..... : 'AM .... X ........ ......... 4t O. Q - ...... . . gPh1 ,Z0 IM . a %:, . .M R i � ia} M . e..M RAt Q iib V NX .M � - -6. RMP . R.. . O WOM.. . .. . . .. � * ' F a�ffiItd ja M_ ............... .4,IS .............. ........ .................... 3-j P 1. .... 90. 01 OWN 0 M ab3 ......... ...... ..........b"' `-1K A, Tf ie'd $1.0 X1 ............. ............. -.0 d;d i0A Oqu 14 >Emll .............. ....... 1.0k. ..... ............ ml ...................... ......................... Mii� ................ ..r......... ....... ...... ....................... . ....I ............................... . .. ... . ..... bitW. ................. 40m.-:0. ,IS .......... ...................... ........... . 5V WM.l ig ........... ...... ...... ... .... .................. l.. .... . ,'A . ...... . . . XMAS . .......... 6t . ......... ..... ...... .......... ... .......... ........ xi' Fi icy ... .... ... ... ........... ....................... .. ...... e-C 15 .,�. �.... y^ax.}.F 4u:;:�x?+ :r:wo<y •<:;:;a:t.:.aw .:;;;'¢r• :+5?.,`r:.:;,a:y:yvn•'p: /:.,. w}x .ak:wiy}:{.vax ,�,,} �+.�"p.'.�.��!Yy.p� 'ji` ,{oak;""`� :..a:'<'`''a f c" �c. 2d: "` �` . •: u.:ba ' :Lf�!y�'•py��}�:w '.�Iv.. .T) ':•<,k;.' '}r:': C. U.:.:..a..;.. :.:n.................:.v....::.4.::.::.�.nSn.:L:.::.;::;O:': f }� . ........+i;TM at�ykk .......... ;.na. . < :x: uv. a.:, �: x' +";v: fa'w:' '•o"R' �k3`x`„�a!"<�Sh iA.�'r.�.�+�'. •ii.�.'. fA �'.: : :.•:� � w:> fl;ea^.<..' `i�¢� ..y, ';%�!lr�°3£:.;::-::>.:k}:::i:c6�. ..� ;•� `� !3 .ti:' :��'�'f :�:ci: :'':�f':; 2:: '+4K}�:.9.�■.�: 4:y'4,•.'?M;.P,.,i:Y�.: ,�.: N�. .� � i+k.L}{a}.�e.• ..;.#,t,�<;�'}`�::? ..f:' ::}:::...w f.:::.ai• .;,.'F<';'r'TM:..::^.<.}:..... .....r... k; :C. Bond. The Director shall continuously maintain at his expense a Surety/Payment Guarantee or employee dishonesty Bond covering collection of fees on the premises for the benefit of the City. The bond shall be in an amount not less than THOUSAND AND N0/100 DOLLARS ($5 , 000. 00) . The Director must additionally provide broad form money and securities coverage both inside and outside the premises in an amount not less than FIVE THOUSAND AND N0/100 DOLLARS ($5, 000. 00) . D. Proof of the above requirements must be provided to the City upon execution of this Agreement. The policies required herein shall provide not less than thirty (30) days ' prior written notice to the City of any cancellation, expiration, modification, or reduction in coverage or liability limits. Section 11. TERMINATION. A. The—E-ity and Direeter, , may terminate this Agreement at any tifne B. Either party may terminate this agreement witheut eause en !80 days written netiee te the ether party. G. Either the Gity er the Direeter 1 terminate this Agreement in the event ef a breaeh ef the Agreement by the ether. prier te sseh terninatien, hewever, the party seeirring the terminatien shall give to the ether party written netlee ef breaeh and ef the party's intent te terminate. if the party net netlee then entirely the party giving the et' may Y. _te the Agreement at any time thereafter C7r iF.o.'I :i!M � � .. .�;. ..r.3.�:: .:..... .. �:•. ..:S:L .`.•::.:..^:i::«:..a..._..... :v:. y,:��(k..✓n.:n:;:.v.3.. '. .. ..} e a .::::....:...n:.:�:i::i'.N}:<;:::::...................... b.::<d:.kf::.....:...a........:.n.....:......... i ,.y'y{ i� �y�yi(�;yy.y yyf}:,:�vi �y'y .y'.M' Mlik,:::: :J:iiM.::kL:i�Y}.•:M.R^.�•.I,.R.GM�:Y::: 'cif:isi::"'::Aj �:<::j#:R�_il:Ji:;1Ni4k;•K:;a.:•#,•,i,�/ii;i{TI: ?Ili..:v:i:::::::v:.>.,�n:vv::::::.:.vnv.:�:::::::..af f;.}:.}::::::::::v.}:}:. i:::}kY<�C4;..vaa'a:ax<{Si}r}:�iii:iv'j''':i:�::i::isiiY.i;i•'iv:i:.a:^}}}i}%C}:%�:!<'i:�a}ai:;«;::}:ii'a":v}}}:<f:ia}:': 16 2:� pv�;••••• vLN:v'**v...�fr":4.. ..uf:.�.:te.,;{i.iJ:::Y.:�}•^}y'}}}}:..p>fv:::vfi}:.}:niY.v:{{}:n.: .... .:.:i..yy:;�:y`.,}}": ...y+y`�: �':.}i ':. .....::::::.•+..:�:'i};.i';:.}{::.i:1i:':':;.;::.:{::{:i:::i Y".iY:}:4,:{::i;...:{I:i{:}::iY.;;;:.}Y•:{:�:}:';:.:%:::•i:•Y::•^.)ii{.i...i:: d +�; !Ub �jjly ii:: xi1 .':. :.:.Ii:;{'}:{f.`,.}:o}::i f;•::.:�ii�' , �:i:;f:{s..i..c::. :.2:i..: $:::�. ':�:. �;:u�.....:::.::. Y ::.::.i:::':`;':f:{;pv:{::;::.`: :: .: ..'. :.!....• ..::i.':ii;`:;-:. :: :`i3i..: >;«:.:lK!+i3i...;::yM;:::}::i.::.........::.isY::�:.::......?.:::'::{:::;::Y..�i:{.i;:Y,:}>i::i i::�i siY:. »{;::"{............::::: ........: . �u. Can�sie��1 €iF � t��ase<.�ird�.�lea�scsr: nr felony ;; .................. ............. ...........i:.ii: :::... .... c� ' Rxii t :. ::. .M{:::r.:.f::.:..:. ...,.: : .. ..::;.i:.ii;ii:.i:.iiiii:.isf.i:.i::Yii:;{{:i::i:;;i:<:}i:.:;•{.i:.:{:>'::»>:i::>{.:'fii,::i{:.:{:.i:.:.:{:{:.i...i'{.;}•.!?:;.:.. ,.:. :. > . : �V��..w.'�i.,:i;::�; ,:•�i,.: ;.�;.,.,.�.,.,.,.�.,.,�,.,',.�,:4!.�Yi:,:}}Yi:i:::::.}>s:fif.i;ii:{i}:..a..}.,.;:.}i}i;: :}:,r.::x.:;{::.>.{.}.i:....:}....::.s.,..i....�.::.::.:::: . ......si:<: .. .:�.Y.: {{.:>......... ............iii:«.:oi::>:;.i:.i i:;:,:>:.�;:. <.}:.::.:;:>.:'::,:<:" cez..::... s'{::..;.:: r:> �I1t:::iil9:. iii:.>. :EY$532t F .:::.::...... :::Yx: �..:... . .}:{::{<:':..: '.;:...:.•:..: ...::.s�:.{i,i�cy.. ::'.:�y^:r{Y' .,. �i>ik7:Q..W.2:`n.'..:;... ';� :......... ::::.::.:....::... ..:..... ..............:.::.::::::::::::::::::::{<{.ii}:.i:{.i:.iiii:.:.: ::.i;c:;{.:.;r.;'{{.is •'c}::ii:;?.{:..}::»:.i,::gyfi.}:.}:.ii::}:.}:�;.>:.�i..., .. . ..:. ..,.. . ... � ...,C7 {{{.ii:.Y : ...., tea€... ::.:.:::.:.............. ::.:<f. .:.:.. �.... �a:...r... ...........::....::::.::::r..... r.::..:.:::;. .... .... ...v.. . ..n... x.. .:.{':.: %.:C n: fy••i.}iiri. ': .� .. •.:' '{.}::Y':..: :..v.�i.�i::ij�:.:.:::{(:::.}�.}�, '... :ii:i;:yi;;::":{{'::..i::i::Y';v. ,/r�".".Y+:::::/1yisY:.V.�:k ::;r .h: ;`.: .V. .l.A,�Qi,•,;.i:{{ .i:r:.:.ii:{.iii:.;:;{.: �.^..�{4:�:x{,�ll�,::n�::::::.ni ii ii:+.{; .::{y:::::::{{.i:.i ii ii:!{{.ii::•:::.:........... . ....��,.y(. .. .ivYY..✓ ..�..{I'�:ii; , �`M .:::::•::::n�:::.::::::::./.. .v::.i:...iii::i}•:.i i.•::.:::^:ti:';::}}}:':.'1..:::::.:::::::.{:{.4 v.:{{:..::::..v..:.v...i AY:: .. �;'.^.�:�•i:.�.:::::::;,iii{ii Yi Y:�:...i:i::•,R:.Y:::.Yv Y;`i::i n.�::.{{i:ii;}i}i}..Y:.,i"::i{:::L r:}":;;f{:....:.. :.. .Y"'�•i::: { :. ...:{.i). ::.: . .i {i:: ..iii:... L :{.iCEk.>.:�........ '. ti0 l .ii; ;ii::;.: .iii:;::;iiiii::;:::i»iiiiii>:f k.. `.... 1i:;{ Yi:bii':is iiii}..:.:..::::::.::::.::.::::...... ........... ,. ,.:..i. ...i< . ':}:..i:.,`:::: .... .:'.".:Y<i'..:�. :.„.::::}::::::.::;:•..::.}.,i}xi:Y:a:c..�i'•.:a::,,:.::::: {.:....:.:.:...:...:....:.'iiii:: .. ,.. : " Yii: �£7. { 1 ..................::....:::::... SM ..:f{{.i}}i;;:;.ii::;.i;i>:{::{;:i::::'.i::.i,..;..i::::;::'.i::ii:{:{<;:i::>>:.i-.i:::=->:;<;i.,i;;,; ;:;,:.: <:; ;,.:i<{::{i:i:{:»;: >«:<ii:.i .::::<{{«:.::'•{:..;:<::: Wit w i :'` a y `an Brat ter ca duc lay arl Icy the. ; ..:::::.::::.:::::.:::;.i::<:..ii':{::;:i::{:}ii:::>:::;{{f:i:{•i::{.:{iii' ' .. ..........:.:::::::..::iii:{.i..iiii;::.i:.i.i:'.i:. i::i:<::ii:::i:.}.: .:::..: ii•.�3t.� �_>_' �.... ......:::.::.::::::.:�.....:.:}::...::{.i::;:.i:.ii:'f;.i:;{':<.::r. �j:�T's..:,::.:..:'":> :i:.:: �:C �:. ;! i:.i:.ii:i:.:: ...:::::.:::::::,. ths.r.�:::.i:.i:..:.�:�::;<:{>: a :{:>:; .: :�:.:..is.}:.:::.,vr:.::.i ��.i::"�::,r:,.:.:x:.:f'::{{.}..:..:::::.:.:::..if;.>i:.}•..r. .... '.!i}•.: :........, pp.. //yy .i:.:•.i:::.:.::::. ';i.:C.:m:::::{..:i y...p'n: .. '•i}iY :,C,y. .. .....: .:+y:i:}iii::y� :�'y�y::i{:i'::':':i:{:}.::y.,.::.y:i ;. :::/.,O 'y.y�l: ::.:::{:v:W: !G. l�Fiii... r....................... At:�.Gi:�l;Mti..{:::� .�:..,..�:::.�:::::c::c}:;,}..':f•>}:.x:.d}.,}Y:;>:,:.Yi•.:::.:i:{::::{:i•:�•`.>,:..>>:.Y:.i:«{..{:.s:':.::.::i:::::.Y::.:, .i..:.... ....: ...... .:.: r :iii:{.,.;:::{.ii:.Y:.i:. _..... ;::;:o.,:.i::.. .. :. :::.iY`:i:::.:. }}�� ..jj��.. y♦kk yy33 y�.�y�yy�y�..}�: i°:k ::�e�llLiii'32"a{'�': E:i`iiy�..:�h('i'+.:.iL�,':E'>`:i�Y;:::':::::::::::::::;:;.i»i:.::...........i.:::.:. ..............::.:::::::.�:...:......::f{.;{i.:i is{.,;.:.+.f.,.. .:.::{}..:...:.e...S....{i.r...::.r.::::.,{:...:::..:,.:: .{:.s:{s•..:...: .:::::f.:::::{::{{t'::....... .. .. ....... p.:..�cs:.<i:�F:{i.i: ..�.......'.y..'�*.yraioni'i�::..:;€iiiiiif.iii?�::.;i C.i!6..F.................! li.:{.i i:::::.:}::::. :: IigreltS4 ::i;< •�.::+� .: ice of termination y x..:.: t "�i . > ><Upon receipt o� not Director, the City shall have the right to: 1. Enter the golf pro shop and golf course and take immediate possession thereof. 17 2 . Bring suit for and collect all fees and portions of gross revenue or any other monies required to be paid to the City which shall have accrued to the time of termination of the Director' s rights. D. The Director is subject to immediate termination if the Director violates any fiduciary duty to the City. E. Upon written notice of termination by the City, Director will have ninety (90) days to vacate the Riverbend Golf Complex premises unless the City elects to take immediate possession as set forth in (C) above. In order to accommodate a smooth transition in changing of directors resulting in a minimal impact on service to the public, the succeeding director will be required to purchase Director' s merchandise inventory as follows: 1. One hundred percent (100%) of same year Riverbend Golf Complex pro shop merchandise inventory, to a maximum of $100, 000, at manufacturer's invoice prices. 2 . One-year-old merchandise at eighty percent (80%) of manufacturer' s invoice prices. 3 . Two-year-old merchandise at seventy-five percent (75%) of manufacturer' s invoice prices. 4 . Payment for Director's merchandise inventory shall be made no later than the day Director leaves the premises. 5 . Merchandise more than two years old, damaged or shopworn merchandise will not be required to be purchased by a succeeding Director. 6. Purchases of inventory exceeding $100, 000 will be a matter for negotiation among City, Director and succeeding Director, and are not part of this Agreement.yL see A. The l er the Direeter shall breaeh this Agreement if t falls te perferm any Agreement '' 'Neither the City nor the Director shall have breached this Agreement by reason of any failure to perform a substantial obligation under the Agreement if the failure arises out of causes beyond its control and without its fault or negligence. Such causes may include, without limitation, acts of God or the public enemy, acts of the federal, state, or local governments, fires, floods, epidemics, volcanic eruptions, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. Should either the City or the Director fail to perform 18 because of a cause described in this subsection, the City and the Director shall make a mutually acceptable revision in the SCOPE OF SERVICES and COMPENSATION provided for in this Agreement. Section 13. TAXES AND FEES. As an independent contractor, the Director acknowledges that he is responsible for payment of any local, state, or federal taxes or fees with respect to the Director' s agents and employees and any taxes or licenses applicable to the Director' s business activity at the golf course. The Director shall pay any applicable taxes related to its use and occupancy of the premises, including, but not limited to the Leasehold Excise Tax required by RCW 82 . 29A. The burden is on the Director to show that it falls within a legal exemption. section 14. ASSIGNMENT. The parties acknowledge and agree that the Director may not assign, transfer or lease all or any part of his responsibilities, operations or interests under this Agreement without the express written consent of the City. Any unauthorized assignment, lease or transfer by the Director shall be void and shall terminate this Agreement at the option of the City. Section 15. CONDITION OF PREMISES. The Director has inspected and examined the premises and all facilities and fixtures thereon and accepts the same in its present condition. The Director shall not make any alterations, changes, or additions to the golf pro shop or to any fixtures or equipment owned by the City without the written consent of the Director of i} ti' Parks and Recreation��IDEa , Seetien e€ }h Agreement. The Director shall not commit, permit, or allow any nuisance, waste, or injury in, upon, or to the golf course, or to permit the use of the golf course for any illegal or immoral purpose. Section 16. WASHINGTON LAW AND FORUM. A. This Agreement shall be construed according to the law of the State of Washington. B. Any litigation between the City and the Director arising under this Agreement or out of work performed under this Agreement shall occur, if in the state courts, in the King County Court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the Western District of Washington. Section 17. MAINTENANCE OF RECORDS. The Director shall maintain records on a current basis to support its billings and payment to the City. The City or its authorized representative shall have the authority to inspect, audit, and copy on 19 reasonable notice and from time to time any records of the Director regarding its billings, payments or work under this Agreement. The Director shall retain these records for inspection, audit, and copying for at least three (3) years from the date of completion or termination of this Agreement. Section 18. AUDIT OF PAYMENTS. A. The City, either directly or through a designated representative, may audit the records of the Director at any time during the three (3) year period established by Section 17, MAINTENANCE OF RECORDS. B. If an audit discloses that payments to the Director under Section 7, COMPENSATION, and subsection 7 (C) , BILLING AND PAYMENT PROCEDURE, were in excess of the amount to which the Director was entitled, or that the payments to the City were less than the amount to which the City was entitled, then Director shall repay the amount of the excess or deficiency to the City. C. If an audit discloses that payments to the City under Section 7, COMPENSATION, and subsection 7 (C) , BILLING AND PAYMENT PROCEDURE, were in excess of the amount to which the City was entitled, or that payments to the Director were less than the amount to which the Director was entitled, then the City shall repay the amount of the excess or deficiency to the Director. Section 19. SEVERABILITY. In the event any one or more of these agreements and covenants are held invalid by a court of competent jurisdiction, they shall be severed and this contract shall not be voided in its entirety. This Agreement shall then be interpreted as if such invalid agreements and covenants were not contained herein. Section 20. ANTI-KICKBACK. No officer or employee of the City shall have any interest, direct or indirect, in any agreement, subagreement or their proceeds for work performed in connection with this Agreement. Director shall incorporate a provision prohibiting such an interest in all subcontracts. Section 21. NONWAIVER. Waiver by the City of any rights hereunder in any one instance shall not be deemed a waiver by the City in any subsequent instance to insist on full performance of the terms of this Agreement. Section 22 . LIENS. The Director agrees that it shall pay, or cause to be paid, all costs and expenses for work done and materials delivered to the premises and shall keep the premises free and clear of all liens for work performed thereon. Section 23. DISPUTES. Should situations arise which cannot be resolved by the Director and the Director of Parks and 20 Recreation or his designate, these questions shall be referred for determination to the City. Any such resolution shall not be deemed a waiver by either party to any action in law or equity. Section 24. NONDISCRIMINATION. During the performance of this Agreement, neither the Director nor its agents, subcon- tractors, or employees, shall discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, age, or the presence of any sensory, mental, or physical handicap in employment or application for employment or in the administra- tion or delivery of services or any other benefits under the Agreement. The Director shall comply with all applicable federal, state, or local laws, executive orders, and regulations. Section 25. SUBCONTRACTING. The Director shall not subcontract its work under this Agreement, in whole or in part, without the written approval of the City. The Director shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Director as specified in this Agreement. Notwithstanding City approval of a subcontractor, the Director shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Director hereunder. Director agrees that if subcontractors are employed in the performance of this Agreement, Director and its subcontractors are subject to the requirements of the State of Washington, Workers ' Compensation Laws. Section 26. INDEPENDENT CONTRACTOR STATUS. A. The Director is engaged as an independent contractor and will be responsible for any federal, state, and local taxes and fees applicable to payments hereunder. B. The Director, its subcontractors, and their employees, are not employees of the City and are not eligible for any benefits through the City, including without limitation federal social security, health benefits, workers ' compensation, unemployment compensation, and retirement benefits. C. The parties agree and acknowledge that the Director is an independent contractor and not the agent or employee of the City of Kent, and that no liability shall attach to the City as a result of the acts or omissions of the Director, his agents or employees. Section 27 . NOTICE. Any notice provided for under this Agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt 21 requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing: If to the City: Director of Parks and Recreation 220 Fourth Ave. S. Kent, WA 98032 If to the Director: Section 28. AMENDMENTS. A. The City and the Director may amend this Agreement at any time only by written amendment executed by the City and the Director. Any amendment that increases the amount of compensation payable to the Director or which extends the term of Agreement must be approved by ordinance of the City Council. B. Any change in the SCOPE OF Director SERVICES shall be deemed an amendment subject to subsection (A) . C. The City and the Director agree that this Agreement shall be amended at any time if, in the opinion of bond counsel to the City, such amendment is necessary to preserve the tax exempt status of interest on obligations of the City issued to finance the golf complex. Section 29. INTEGRATION. This Agreement contains the entire agreement between the City and the Director and supersedes all prior written or oral discussions or agreements. Section 30. NON-WAIVER. The City and the Director shall not be deemed to have waived any breach of this Agreement by the other party except by an express waiver in writing. An express written waiver as to one breach shall not be deemed a waiver of any other breach not expressly identified, even though the other breach be of the same nature as that waived. Section 31. PROHIBITED INTEREST. A. No City officer or employee, during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. B. No City officer or employee who participated in the award of this Agreement shall be employed by the Director during the period of the Agreement. 22 Section 32 . PAYMENTS TO VENDORS AND SUBCONTRACTORS. The Director shall pay timely all suppliers, lessors, and contractors providing services, materials or equipment for carrying out its obligations under this Agreement. The Director shall not take or fail to take any action in a manner that causes the City or any materials that the Director provides hereunder to be subject to any claim or lien of any person without the City's prior written consent. Section 33. BUSINESS LICENSE. Director shall obtain a City of Kent business license as required by KCC prior to beginning work under this Agreement. Director Date: Business License # Tax ID # Social Security # APPROVED AS TO FORM: CITY OF KENT ROGER A. LUBOVICH By. CITY ATTORNEY Name: Title: Date: gotf.agr 23 ATTACHMENT A TO AGREEMENT (Golf Carts) 24 ATTACHMENT B TO AGREEMENT (Restaurant Equipment) Item Number Value Ice maker 1 Snackbar Beer cooler 1 Snackbar Refrigerator 1 Snackbar Freezer 1 Microwave 3 Aluminum Chairs 75 and tables 5 3 ' x 8 ' BBQ 1 Buffet tables 3 30" tables 18 Red Chairs 60 Par3 Beer cooler 1 Shelves 2 Pop corn machine 1 25 APPENDIX H FINANCIAL DATA AND STATISTICS 1. Golf Complex Overview and Fees 2 . Tournament Contracts 3 . City/Director Expense Allocation 4 . December Golf Complex Financial Report i / , • • 111VEFRIBEND 9-HOLE COURSE STATISTICS • Distance 1,253 yards. • Par 3 (course par 27), 26 acres.(Driving Driving Range: 38 stalls • ooffers p ofe ssional lessons, retail mec hano 2019 West Meeker City of Kent Parks & Recreation Facility dise and a miniature golf course.) • Pull carts available. Kent,Washington 98032-4216 driving range, DRIVING RANGE The turegolf, Golf Complex includes a d g 9 miniature golf, pro shop, and 18 hole and 9-hole courses. Su*Mo-Sa j 00 am 8 00 pmm SUMMER HOURS OF OPERATION (18-hole and 9-hole) The driving range has 38 stalls, with 28 covered. Clubs DAILY Daylight to Dusk available for rent. Discount coupons available for multiple buckets of balls. TEE RESERVATIONSB-,313 8463(TEE TIME) Practice stalls closed Thursdays until 9:30 am for range (� Kentcalls maintenance. N.Kent calls* 852-9112 Q'From North Kent,Renton,or Seattle MINIATURE GOLFCOURSE OTHER PHONE NUMBERS Mo-Sa 7:00 am-10:00 pm Information 854-3673(FORE) Su 7;00 am 8:00 pm i Driving range 859 4000 This 18-hole, outdoor course with miniature windmills and Miniature golf 859-4000 Pro shop 859-4000 or 854-FORE whimsy obstacles is fun for the whole family. The course is open year-round,and is next to the driving range. Lessons 859 4000 or 854 FORE pang 854-4653 or 854-GOLF 18-HOLE COURSE STATISTICS RIVERBEND PRO SHOP(AT DRIVING RANGE) • Distance from the blue championship tee- Theyyour 6603 yards;white tee -6156 yards; red tee - latest �quipm nd n arnd fashions atrcompetitive prices. brands, 5485 yards. Par 72, 130 acres,3 lakes, 1400 trees,52 Hours:Su Sa 7:0000 am 8 00 PM bunkers. For information onthenewpro shop,lessons,miniature golf,or f 16 Fully paved cart path. the Junior Golf program,call 859-4000 or 854-FORE. • Fully irrigated (from on-site well). • Provides drainage for good Northwest winter and year-round play. • Rates: No annual fee;no annual pass GOLF LESSONS available. The course is based on daily fee Individual and group lessons by teaching professionals are basis. • Power carts available. available year round. i • Pull carts also available. • Tee times scheduled up to one . week in advance. • Senior and junior rates. Riverbend Golf Complex Is celebrating Its third anniversary and as a big • Tournament scheduling available. d ha s yyo,altto give-paw Ys a we'Vend prlesl planned a week of festivities. Join us for RIVERBEND Monday Free Golf Skills Clinic from 12 noon-1:00 pm and 7:00-8:00 Pm at Driving Range. Free coupon good for a free small soft drink with purchase of green fee. Tuesday Free Riverbend bag tag to every 25th person and/or foursome. 1 Wednesday Free Riverbend golf ball to every 25th person and/or foursome. y� Thursday Free golf tournament shirt or jacket to randomly selected _ -4 patrons. A Friday 18ehole:lli$g5 the holes prices to opening day green fees! 9-hole: $4 for 9 holes ® $3 for seniors/students eginning at Eno a slice of our anniversary cake b trip tickets am. Guess ri s the number of tees in the jar to win round tp tckets to e m Sun Valley, Idaho or Sun River,Oregon. All week Enjoy a 50%off special at the miniature golf course. 20-30%off all Riverbend hats. i RIVERBEND GOLF COMPLEX ------------------------ �FEES Driving Range � 18-Hole COUrse Sm.Bucket of Balls $2 I Green Week Weekends Seniors Juniors Lg.Bucket of Balls $4 Fees Days Holidays (62&over) (18&under) Rental Irons and Woods $1/club I 1e. 9 Holes $16� $1 $93' $$9* The card discount for one year,entitles thetbearer t he driving 41arge Veekdaysonly,excluding holidays. buckets of balls for only $72 (a$96 value) or 12 large buckets for only.$42. RentalPull Power Carts Club - Carts Miniature Golf I 18 Holes $18 $12 $4 Adults $3 9 Holes $9 $12 $2 Juniors(16&under) $2 I I Par-3 Course Senior Citizens(62&older) $2 I Green Week Weekends Seniors Juniors Lessons-by P.G.A.professionals on staff Fees Days Holidays (62&Over) (16&under) Individual Lessons I 9 Holes $5 $6 $4 $4 Single 1/2 Hour Lesson 30 2nd9Holes $4 $5 $3 $3 Junioors ts $20 Power Carts; Rental Rental pull Single 1/2 Hour Lesson Series of Five I Clubs&Bag Bag Only Carts Adults $125 I I $9 $`' $2 $2 I 'Available for disabled persons if course conditions allow. Juniors $75Group Lessons-Price Per Person I Two People $75 I Series of Five-12 Hour Lessons I Six to Eight People $60 I Series of Five-One Hour Fees have been adjusted to include sales taxes. Yry I �. -------- ------------ r - 1 9-HOLE COURSE STATISTICS " I VER BEND • Distance 1,253 yards. • Par 3(course par 27),26 acres. • Driving Range: 38 stalls (Driving range also offers professional lessons,retail merchandise A City of Kent Parks&Recreation Facility and a miniature golf course.) 2019 West Meeker • Pull carts available. Kent,Washington 98032-4216 DRIVING RANGE The Riverbend Golf Complex includes a driving range, Winter Hours miniature golf,pro shop,and 18-hole and 9-hole courses. -Mo-Sa 9:00 am-9:00 pm Su 9:00 am-8:00 pm WINTER HOURS OF OPERATION(18-hole and 9-hole) The driving range has 38 stalls, with 28 covered. Clubs DAILY 8:00 am to Dusk available for rent. Discount coupons available for multiple buckets of balls. TEE RESERVATIONS-18Hole Practice stalls closed Thursdays until 9:30 am for range © Kentcalls 833-8463(TEE-TIME) maintenance. N.Kentcalls' 852-9112 (t) 'From North Kent,Renton,or Seattle MINIATURE GOLF COURSE OTHER PHONE NUMBERS Winter Hours Mo-Sa 9:00am-9:00pm Information 854-3673(FORE) Su 9:00am-8:00pm Driving range 859-4000 This 18-hale, outdoor course with miniature windmills and Miniature golf 859-4000 whimsical obstacles is fun for the whole family. The course is Pro shop 859-4000 cr854-FORE open year'round,and is located next to the driving range. Lessons 859-4000or854-FORE Par3 854-4653or 854-GOLF RIVERBEND PRO SHOP(AT DRIVING RANGE) 18-HOLE COURSE STATISTICS The Riverbend Pro Shop features all your favorite brands, latest equipment and fashions at competitive prices. • Distance from the blue championship tee- Winter Hours 6603 yards;white tee•6156 yards;red tee• Mo-Sa 9:00 am-9:00 pm 5485 yards. Su 9:00 am-8:00 pm • Par72,130 acres,3lakes,1400 trees,52 For information on the new pro shop,lessons,miniature golf,or bunkers. the Junior Golf program,call 859-4000 or 654•FORE. • Fully Paved cart path. Winter Hours effective Nov.1-Feb.28. • Fully irrigated(from on-site well). • Provides dra Wage for good Northwest winter GOLF LESSONS and year-'round n play. Individual and,group lessons b teachingprofessionals are O Rates: No annual fee;no annual pass - available ear'round. y' available. The course is based on daily fee y � basis. • Power carts available. TEE-TIME RESERVATION LINE i • Pull carts also available. User-friendly,automated line lets you reserve tee times at • Tee times scheduled up to one week in advance. the 18-hole golf course up to seven days in advance,24 • Senior and junior rates. hours a day from a touch-tone phone. • Tournament scheduling available. —————————————=——————————————————————— r EES Driving Range 1 18-Hole Course Sm.Bucket of Bails $2 Green Week Weekends Seniors Juniors Lg.Bucket of Bails $4 Fees Days Holidays (62&Over) ((18&under) Rental Irons and Woods $1/club 118 Holes $15 $19W $13' $13- Special discount cards are on sale at the driving range. 9 Holes $11 $13 $9' $9' The card,good for one year,entitles the bearer to 24large 'Weekdays only,excluding holidays. buckets of balls for only$72(a$96 value)or 12 large buckets for only$42. "Writer ratespecials-Un limited golf$15(weekdays only). "Watch for our winter driving range specials' Two 16-hole roundstcart$40(weekdays only). Miniature Golf I Rental Pull Adults $3 Power Carts Clubs Carts Juniors(16&under) $2 18Holes $18 $12 $4 SeniorCitizens(62&older) $2 I 9 Holes $9 $12 $2 Lessons-by P.G.A.professionals on staff Par-3 Course Individual Lessons I Green Week Weekends Seniors Juniors Single 1/2 Hour Lesson Fees Days Holidays (62&Over) (16&under) Adults $25 Single 1/2 Hour Lesson 9Holes $5 $6 $4 $4 Series of Five I 12nd9Holes $4 $5 $3 $3 Adults $100 Juniors $75 Power Carts' Rental Rental pull Group Lessons-Price Per Person I Clubs&Bag Bag Only Carts Two Serieseo $65 $9 $5 ' $2 $2 PP of *Available fordisabled persons ifcourse conditions allow. Fees have been adjusted to include sales tax. "Winter rates effective Nov.1-Feb.28. ------ -----------J RIVERBEND RIVERBEND GOLF COMPLEX Tournament Contract 2019 West Meeker Street City of Kent Facili Kent, Washington 98032 Phone: (206) 854-367�" Group Name Date of Tournament Address Tournament Chairperson City State Zip Business Phone/Residence Phone Start Time Number of Players Number of Starts I. A $25.00 non-refundable administration fee must accompany this contract form. The fee will be refunded if your date is not approved. Confirmation of number of players and payment in full is required 14 days prior to tournament date. Tournaments are required to be played within 4-1/2 hours maximum. (Our Ready Golf Program allows 15 minutes per hole) 2. FEES: Weekend Package - Forty player minimum FEES: Weekday Package - Twenty player minimum O Green Fee $19.50 L7 Green Fee $16.50 Prize Fee 7.00* Prize Fee 7.00* $26.50 $23.50 *Redeemable in merchandise at the Pro Shop 3. All food and beverages must be purchased from Riverbend Golf Course. We do not allow outside catering. See enclosed meni, for food and beverage selections. It is unlawful to bring your own alcohol and NO party carts or ice chests are permitted. V. have a service cart on the golf course to provide non-alcoholic beverages during your tournament. 4. Golf carts may be reserved by prepayment of$18.00 per cart. If prepayment arrangements are not made, carts will be reserved on a first come basis the day of the tournament only. NUMBER REQUESTED: (50 available) 5. All players must have their own set of clubs. Rental clubs may be reserved by prepayment of$12.00 per set. Number of sets desired: 6. We have 11 six foot tables and 133 chairs available. If additional chairs are required, other arrangements will need to be made for adequate seating. 7. Tournaments will not start before 10:00 a.m.weekdays, 12:00 noon weekends. All tournaments will start from number one tee and play will be foursomes. 8. Tournament chairman will provide a complete list of pairings at least one hour before beginning of tournament. 1, the Tournament Chairperson,have read the foregoing contract and know the conditions and the policies of Riverbend Golf Course. My tournament group and I agree to abide by them. Failure to comply may result in cancellation of tournament, forfeiture of fees, and will be grounds for removal. Please sign and return both copies of the contract. We will return the yellow copy acknowledging confirmation of your tournament date. Tournament Chairperson For any help or advice on setting up your tournament, please contact the Riverbend Complex staff at (206) 854-3673. Thank yr for including Riverbend Golf Complex in your tournament schedule. DATE APPROVED BY DATE DUE: RIVERBEND RTVERBEND GO,.LF COMPLEX un -- Shw.g Tournament City of Kent Facility 2019 West Meeker Street Phone: (206) 854-3673 Kent, Washington 98032 Group Name Date of Tournament Address Tournament Chairperson City State Zip Business Phone/Residence Phone Start Time 8:00 A.M. Number of Players Number of Starts 1. A$25.00 non-refundable administration fee must accompany this contract form. The fee will be refunded if your date is not approved. Confirmation of number of players and payment in full is required 14 days prior to tournament date. FEES: Weekday Usage Only $6,000.00 2. The golf course usage fee is payable in full 14 days prior to the tournament date. Golf course usage fee is for 4-1/2 hours. Our Ready Golf Program allows 15 minutes per hole. Included in the usage fee are green fees, a $750.00 merchandise credit redeemable at the Pro Shop, and power carts, which are mandatory for shotgun tournaments. 3. -.'food and beverages must be purchased from Riverbend Golf Course. We do not allow outside catering. See enclosed menu for food and beverage selections. It is unlawful to bring your own alcohol and NO party carts or ice chests are permitted. We have a service cart on the golf course to provide non-alcoholic beverages during your tournament. 4. All players must have their own set of clubs. Rental clubs may be reserved by prepayment of$12.00 per set. Number of sets desired: 5. We have 11 six foot tables and 133 chairs available. If additional chairs are needed, other arrangements will need to be made for adequate seating. 6. Tournament,chairperson will provide a complete list of pairings at least two days before beginning of tournament I, the Tournament Chairperson,have read the foregoing contract and know the conditions and the policies of Riverbend Golf Course. My Tournament group and I agree to abide by them. Failure to comply may result in cancellation of tournament, forfeiture of fees, and will be grounds for removal. Please sign and return both copies of the contract. We will return the yellow copy acknowledging confirmation of your tournament date. Tournament Chairperson For any help or advice on setting up your tournament, please contact the Riverbend Complex staff at (206) 854-3673. Thank you for including Riverbend Golf Complex in your tournament schedule. DA,, APPROVED BY DATE DUE: (FOR OFFICE USE ONLY) Tournament date RWERBEND GOLF COMPLEX Start Time TOURNAMENT SETUP SHEET ✓ Times Booked Date Changed Date GROUP NAME Number of Starts CHAIRPERSON NAME Number of Players # Cad $ PHONE BUSINESS/HOME Number of Carts # Cad $ REGISTRATION TABLES Merchandise Totals# $ SHOTGUN: Extra Carts Table/Chairs Cart Bam/Inside - Tournament Scoresheets Total 18-Hole Paid: $ Closest to the Pin L7 #5 L7 #13 O #8 L7 #16 Mens 0 Ladies L/ Longest Drive L7 #3 f7 #14 O #9 O #15 Mens L7 Ladies Z7 SPECIAL REQUESTS: FOOD: Menu: Q Burger Buffet - $6.00/each Number Eating: # Cod $ /] Hot Dogs - $2.00/each Pop: # Ca) $ Z7 Sandwiches - $6.00/each Beer: # Co) $ [7 Chicken Breast - $12.00 Other: # (a) $ Q Barbecue Steak - $15.00 /_J Beverages - pop/can/$.75-fountain/$1.00-$1.25-beer/$1.75 Total Amount Paid: O Continental Breakfast - $2.50/each Beverage Cart - L7 US/.$.75 L7 THEM $1.00 - Beverage - Tickets or Tab SPECIAL REQUESTS: MERCHANDISE Prize fees: # Cap $ Voucher # Date Paid Check ## Combined Total $ SPECIAL REQUESTS: TOURNAMENT EVALUATION Organization Adhered to contract terms Pace of Play /_7 Excellent /_7 Exactly L7 Fast /_7 Good /=J Closely l7 Good /_7 Average /7 Few Exception /7 Average /7 Poor /_7 Not at all /_/ Slow COMMENTS: GOFRVEX2 15-Jan-93 CITY rF KENT MAN ENT CONTRACT PROPOSAL F I SW,.,,=YEAR ENDED 12/31/93 Golf Golf Dvg Range 1993 Management Contract Percent Director Admin Maint Riverbend Par 3 Mini-Putt Budget City Contractor Of Gross Payment REVENUES 1,149,411 278,725 1,428,136 1,428,136 Green Fees 478,282 478,282 478:282 Driving Range Fees Miscellaneous Revenue 67,201 67,201 67,201 Mini-putt Fees 109,514 109,514 109,514 Golf lessons 53069 16,130 295,327 364,526 364,526 Sale of Merchandise 230:723 40,845 14,049 285,617 285,617 Sale of Food 102,620 20,201 6,927 129,748 129,748 Cart and Club Rentals 3,180 64 160 3,404 3,404 Miscellaneous Operating revenue 1,539,003 355,965 971,460 2.866,428 2,866,428 EXPENSES 185,112 937,178 480,651 456,527 Salaries & Benefits 111,049 438,765 163,354 38,898 Supplies: 000 Items purchased for resale 375,000 375,000 11 ,864 Merchandise 90,000 24,864 5,000 119,864 9,035 Food Other 5,025 75,711 31,607 6,380 96,023 214,746 75,711 139, Services and Charges g0,466 80,466 80,466 City Allocations Golf Admin Allocation (243,714) 121,858 24,371 97,485 Golf Maint Allocation (592,684) 420,806 82,975 88,903 302,006 131,037 170,969 Other 47,174 78,208 53,881 24,187 98,556 Op exp excluding deprec 881,506 201,675 946,079 2,029,260 767,865 1,261,395 Op income excluding dep 657,497 154,290 25,381 837,168 2,098,563 (1,261,395) NON OPERATING REVENUES AND EXPENDITURES 41,309 41,309 41,309 Interest income 3,000 3,000 3,000 Other non-operating income (393,313) (393:313) (393,313) Interest expense-88 Rev. Bond (3,401) (3,401) (3,401) Int- ;t expense-Cart Lease/Purch (355,405) 3,000 (352,405) (352,405) NET INCOME 302,092 154,290 28,381 484,763 1,746,158 (1,261,395)' OTHER FINANCIAL SOURCES (USES) (165,000) (165,000) (165,000) Principal 88 Rev. Bond (23,113) (23,113) (23,113) Principal 89 Cart Lease/Purch (70,000) (70,000) (140000) (140,000) Transfer for 85 GO Debt (41,600) (20,000) (61:600) (61,600) Acquisition of Capital Assets Total Other Sources (Uses) (229,713) (70,000) (90,000) (389,713) (389,713) INCREASE(DECREASE) IN CASH 72,379 84,290 (61,619) 95,050 1,356,445 (1,261,395) SOY. DIRECTOR PAYMENT-FIXED AMOUNT 72 379 84,290 (61,619) 95,050 1,356,445 (1,261,395) INCREASE(DECREASE) IN CASH ' GOFRVEX4 CITY OF KENT 01/13/93 GOLF COMPLEX ESTIMATED REVENUE AND EXPENSE DETAIL 1993 MANAGEMENT CONTRACT 1992 TITLE LOCATION BUDGET CITY CONTRACT UTILITIES MINI PUTT FEES-TAX DRIVING RANGE/PRO SH 67,201 67,201478,282 DRIVING RANGE FEES-T DRIVING RANGE/PRO SH 478,282 478,282 GOLF LESSONS DRIVING RANGE/PRO SH 109,514 9,514 RENTALS-GOLF EQUIP-T DRIVING RANGE/PRO SH 6,927 127 PAY PHONE REVENUE DRIVING RANGE/PRO SH 160 1 160 SALES-FOOD-TAXABLE DRIVING RANGE/PRO SH 1,992 295,327 SALES-MERCHANDISE DRIVING RANGE/PRO SH 295,327 12,057 SALES-POP-TAXABLE DRIVING RANGE/PRO SH 12,057 212,057 GOLF GREEN FEES-TAX PAR THREE 278,725 20,201 RENTALS-GOLF EQUIP-T PAR THREE 20,201 10 SALE-JUNK/SALVAGE PAR THREE 10 54 PAY PHONE REVENUE PAR THREE 54 5,078 , SALES-CANDY/SNACKS PAR THREE 6,924 6,924 SALES-FOOD-TAXABLE PAR THREE 8,684 18,68684 1 SALES-BEER-TAXABLE PAR THREE 3,985 3,985 SALES-USED BALLS,TEE PAR THREE12,145 SALES-MERCHANDISE PAR THREE 12,145 10,159 SALES-POP-TAXABLE PAR THREE 10,159 1,149,411 GOLF GREEN FEES-TAX RIVERBEND 1,149,411 2,603 ADVERTISING REV RIVERBEND 2,603 102,620 RENTALS-GOLF EQUIP-T RIVERBEND 102,620 10 SALE-JUNK/SALVAGE RIVERBEND 10 567 PAY PHONE REVENUE RIVERBEND 567 SALES-CANDY/SNACKS RIVERBEND 25,326 82,354,3 SALES-FOOD-TAXABLE RIVERBEND 82,354 69,512 SALES-BEER TAXABLE RIVERBEND 69,512 48 SALES-USED BALLS,TEE RIVERBEND 48 53,021 SALES-MERCHANDISE RIVERBEND 53,021 53,531 SALES-POP-TAXABLE RIVERBEND 53,531 TOTAL REVENUE 2,866,428 2,866,428 SALARIES AND BENEFITS ADMINISTRATIVE COSTS 111,049 67,606 43,443 OFFICE SUPPLIES ADMINISTRATIVE COSTS 1,140 1,1402,197 - OFFICE SUPPLIES-CS ADMINISTRATIVE COSTS 2,197 272 BOOKS,MAPS,PERIODICL ADMINISTRATIVE COSTS 272 1,243 UNIFORMS PROT CLTHNG ADMINISTRATIVE COSTS 1,243 69 FUEL AND LUBES ADMINISTRATIVE COSTS 69 104 OTHER OPERATING SUP ADMINISTRATIVE COSTS 104 6,000 DEBT & FINANCIAL SVC ADMINISTRATIVE COSTS 6,000 FIN SERVICES-INTRFND ADMINISTRATIVE COSTS 54,393 54,393 LEGAL SERVICES-INTFD ADMINISTRATIVE COSTS 13,244 ,244 600 OTHER SVCS & CHARGES ADMINISTRATIVE COSTS 600 2,000 OTH PROFESSIONAL SVC ADMINISTRATIVE COSTS 2,000 12,829 OTH PROF SVCS-INTRFD ADMINISTRATIVE COSTS 12,829 355 POSTAGE-CS ADMINISTRATIVE COSTS 355 582 400 TELEPHONE-CENT SVCS ADMINISTRATIVE COSTS 582 1,293 PHOTOCOPYING-CS ADMINISTRATIVE COSTS 1,293 2,551 PRINTING/BINDING-CS ADMINISTRATIVE COSTS 2,551 2,000 ADVERTISING/OTHER ADMINISTRATIVE COSTS 2,000 392 TRAVEL AND MILEAGE ADMINISTRATIVE COSTS 392 588 SUBSISTENCE ADMINISTRATIVE COSTS 588 392 TRAINING/EDUCATION ADMINISTRATIVE COSTS 392 240 LICENSE/PERMITS/FEES ADMINISTRATIVE COSTS 240 630 DUES ADMINISTRATIVE COSTS 630 497 CONTRACTOR-PRIMARY-FOR LIABILITY INS-CS ADMINISTRATIVE COSTS 16,497 16,497 EQUIPMENT INS-CS ADMINISTRATIVE COSTS 668 12,668 BUILDING INS-CS ADMINISTRATIVE COSTS 12,000 56 OTHER INSURANCE-CS ADMINISTRATIVE COSTS 56 120 AUTO REPAIR/SERVICES ADMINISTRATIVE COSTS 120 210 MAINT-OTHER EQUIPMNT ADMINISTRATIVE COSTS 210 (185,237) COST ALLOCATION ADMINISTRATIVE COSTS (243,714) 185,237 25,720 SALARIES AND BENEFITS MAINTENANCE COSTS 438,765 2,045 UNIFORMS PROT CLTHNG MAINTENANCE COSTS 2,072 27,072 72 MED,CHEM,SAFETY SUP MAINTENANCE COSTS 27,972 7,972 FUEL/LUBES-EQ RENTAL MAINTENANCE COSTS 6,472 951 PROPANE MAINTENANCE COSTS 951 207 OTHER OPERATING SUP MAINTENANCE COSTS 207 BLDG & GDS MNT SUP MAINTENANCE COSTS 10,360 10,360 2,360 072 BLDG & GRDS-INTRFUND MAINTENANCE COSTS 2,072 19,648 SAND,GRAVEL,ASPHALT MAINTENANCE COSTS 19,648 2,072 OTHER MNT/REPAIR SUP MAINTENANCE COSTS 2,072 3,885 TOOLS, MINOR EQ/FURN MAINTENANCE COSTS 3,885 964 600 TELEPHONE-CENT SVCS MAINTENANCE COSTS 964 2,945 LAUNDRY SERVICES MAINTENANCE COSTS 2,945 98 TRAINING/EDUCATION MAINTENANCE COSTS 98 GOFRVEX4 CITY nF KENT 01/13/93 GO! 'MPLEX ESTIMATED REVn,.-.,c AND EXPENSE DETAIL 1993 MANAGEMENT CONTRACT 1992 TITLE LOCATION BUDGET CITY CONTRACT UTILITIES 200 LICENSE/PERMITS/FEES MAINTENANCE COSTS 200 69,276 EQUIPMENT RENTAL-ER MAINTENANCE COSTS 69,276 525 MAINT-OTHER EQUIPMNT MAINTENANCE COSTS 525 4,200 420 MAINT-BLDG (OUTSIDE) MAINTENANCE COSTSMAINTENANCE COSTS (592,684) (566 COST ALLOCATION ,964) 84,197 TOTAL ADMIN EXP 12 SALARIES AND BENEFITS DRIVING RANGE/PRO SH 185,112 185,1 112 BOOKS,MAPS,PERIODICL DRIVING RANGE/PRO SH 145 518 UNIFORMS PROT CLTHNG DRIVING RANGE/PRO SH 518 82,880 RECREATIONL SUPPLIES DRIVING RANGE/PRO SH 82,880 104 TIRES, TIRE SUPPLIES DRIVING RANGE/PRO SH 104 4,144 OTHER OPERATING SUP DRIVING RANGE/PRO SH 4,144 52 COMM EQ/COMPUTR PRTS DRIVING RANGE/PRO SH 52 5,180 OTHER MNT/REPAIR SUP DRIVING RANGE/PRO SH 5,180 375,000 ITEMS PURCH FOR RESL DRIVING RANGE/PRO SH 375,000 5,000 FOOD PURCH-RESALE DRIVING RANGE/PRO SH 5,000 3,000 TOOLS, MINOR EQ/FURN DRIVING RANGE/PRO SH 3,000 70,000 OTH PROFESSIONAL SVC DRIVING RANGE/PRO SH 70,000 2,480 1,850 TELEPHONE-CENT SVCS DRIVING RANGE/PRO SH 2,480 1,617 LAUNDRY SERVICES DRIVING RANGE/PRO SH 1,617 5,659 TAXES & ASSESSMENTS DRIVING RANGE/PRO SH 5,659 9,500 6,700 ELECTRICITY DRIVING RANGE/PRO SH 9,500 3,315 1,000 WATER DRIVING RANGE/PRO SH 3,315 3,960 1,220 SEWER DRIVING RANGE/PRO SH 3,960 150 TIRE SERVICES DRIVING RANGE/PRO SH 150 1,155 MAINT-OTHER EQUIPMNT DRIVING RANGE/PRO SH 1,155 720 MAINT-BLDG (OUTSIDE) DRIVING RANGE/PRO SH 720 DRIVING RANGE/PRO SH 88,903 85,045 OVRHEADNDSMNNTERFUNDT-INTERFND DRIVING RANGE/PRO SH 97,485 74,095 TOTAL RANGE/PRO SHOP EXP 946,079 165,519 753,312 8,898 38,898 3 SAL :S AND BENEFITS PAR THREE 3,108 RECkct%TIONL SUPPLIES PAR THREE 3,898 108 2,072 2 OTHER OPERATING SUP PAR THREE 072 24,864 2 , FOOD PURCH-RESALE PAR THREE 864 1,200 1, TOOLS, MINOR EQ/FURN PAR THREE 200 9,499 8,040 9 TELEPHONE-CENT SVCS PAR THREE 693 693 LAUNDRY SERVICES PAR THREE 125 125 LICENSE/PERMITS/FEES PAR THREE 1,396 1,125 TAXES & ASSESSMENTS PAR THREE ,700 2,700 ELECTRICITY PAR THREE ,396 3835 1,030 WATER PAR THREE 835 PAR 6,600 1,250 THREE 6,600 SEWER 664 664 600 DRAINAGE PAR THREE 525 525 MAINT-OTHER EQUIPMNT PAR THREE 525 150 MAINT-BLDG (OUTSIDE) PAR THREE 82 150 7375 GROUNDS MNT-INTERFND PAR THREE 82975 9,8,375 OVERHEAD-INTERFUND PAR THREE , TOTAL PAR 3 EXP 201,675 99,445 92,783 163,354 SALARIES AND BENEFITS RIVERBEND 16354 10,360 RECREATIONL SUPPLIES RIVERBEND ,360 518 TIRES, TIRE SUPPLIES RIVERBEND 518 2,797 2 FUEL AND LUBES RIVERBEND 10,360 OTHER OPERATING SUP RIVERBEND 10,360 2,072 OTHER MNT/REPAIR SUP RIVERBEND 2,072 90 90,000 000 FOOD PURCH-RESALE RIVERBEND , 5,500 TOOLS, MINOR EQ/FURN RIVERBEND 5,500 12,130 10,300 TELEPHONE-CENT SVCS RIVERBEND 12,130 1,848 LAUNDRY SERVICES RIVERBEND 1,848 6,739 TAXES & ASSESSMENTS RIVERBEND 6,739 20,900 24,000 ELECTRICITY RIVERBEND 20,900 1,110 1,250 NATURAL GAS RIVERBEND 1,110 4,315 1,270 WATER RIVERBEND 4,315 4,620 1,470 RIVERBEND 4,620 SEWER 799 720 799 DRAINAGE RIVERBEND 799 420 MAINT-OTHER EQUIPMNT RIVERBEND 1,420 1,000 MAINT-BLDG (OUTSIDE) RIVERBEND 420 000 401,000 GRC MNT-INTERFND RIVERBEND 420,806 02,544 OVEN...,AD-INTER FUND RIVERBEND TOTAL RIVERBEND EXP 881,506 502,902 331,103 GOFRVEX4 CITY OF KENT 01/13/93 GOLF COMPLEX ESTIMATED REVENUE AND EXPENSE DETAIL 1993 MANAGEMENT CONTRACT 1992 TITLE LOCATION BUDGET CITY CONTRACT UTILITIES TOTAL EXPENSE 2,029,260 767,866 1,261,395 OPERATING INCOME LESS DEPR 837,168 2,098,562 (1,261,395) 41,309 41,309 INTEREST ON INVEST 3000 3000 NON OP RENTAL INCOME (393:313) INTEREST EXP-REVENUE BONDSRIVERBEND (393:313) (3,401) INTEREST EXP-CARTS RIVERBEND (3,401) TOTAL NONOP REV (EXPENSE) (352,405) (352,405) NET INCOME (LOSS) 484,763 1,746,157 (1,261,395) 165,000 165,000 PRINCIPAL REVENUE BONDS RIVERBEND 23 113 23,113 PRINCIPAL-CARTS RIVERBEND 123,113 140,000 TRANSFERS OUT DEBT OTHER FINANCIAL USES 328,113 328,113 20,000 20,000 OTHER CAPITAL OUTLAY 41,600 41,600 OTHER CAPITAL OUTLAY TOTAL CAPITAL OUTLAY 61,600 61,600 INCREASE (DECREASE) IN 95,050 1,356,444 (1,261,395) WORKING CAPITAL BEG WORKING CAPITAL (84,217) (84,217) END WORKING CAPITAL 10,833 1,272,227 (1,261,395) CITY OF KENT GOFRVEX4 GOL MPLEX 15-Jan-93 SAL,..... AND BENEFIT EXPENSE DETAIL PROPOSED CITY MANAGEMENT CONTRACT NAME LOCATION SALARIES BENEFITS TOTAL BUDGET CITY CONTRACTOR JOB TITLE BARTELT, ROBYN LEE ADMIN 54,732 12,874 67,606 67,606 67,606 GOLF COMPLX SUPERINTENDENT WESTON, CAROL A ADMIN 31,442 12,001 43,443 43,443 43,443 ADMINISTRATIVE SECRETARYII VAC-LAYOFF (ANDERSON, R) MAINT 43,549 11,222 54,771 54,771 54,771 GOLF COMPLX ASST SUPT MNTN VAC-LAYOFF (DANIEL) MAINT 29,448 8,673 38,121 38,121 38,121 MAINTENANCE WORKER 2 OWEN, DAVID R MAINT 33,371 12,876 46,247 46,247 46,247 MAINTENANCE WORKER 4 -LEAD ABRAHAM, LLOYD E MAINT 29,783 7,985 37,768 37,768 37,768 MAINTENANCE WORKER 2 SIMS, PATRICK M MAINT 29,748 10,272 40,020 40,020 40,020 MAINTENANCE WORKER 2 HEMPHILL, DOUGLAS L MAINT 32,548 11,491 44,039 44,039 44,039 MAINTENANCE WORKER/MECH 3 MELVIN, ROBT F MAINT 29,748 10,272 40,020 40,020 40,020 MAINTENANCE WORKER 2 LAMBERT, GARRY D MAINT 27,875 12,002 39,877 39,877 39,877 MAINTENANCE WORKER 2 RALEIGH, MICHAEL M MAINT 13,835 8,263 22,098 22,098 22,098 CUSTODIAN I 6.88/HR MAINT 11,703 1,495 13,198 13,198 13,198 NIGHT WATERER 7.73/HR MAINT 9,245 1,129 10,374 10,374 10,374 MAINTENANCE-PAR 3 7.73/HR MAINT 4,793 586 5,379 5,379 5,379 MOWER-PAR 3 7.76/HR MAINT 3,228 394 3,622 3,622 3,622 CUSTODIAN 7.73/HR MAINT 18,054 2,161 20,215 20,215 20,215 MAINT WORKERS 8 MONTH MAIN WORKERS MAINT 19,065 3,951 23,016 23,016 23,016 MAINT WORKERS VACANT (SYZDEL)(GOLF PRO) DRIVING RN 37,722 12,814 50,536 50,536 50,536 GOLF COMPLX ASST SUPT PRO REGER, NORMAN M DRIVING RN 28,212 10,235 38,447 38,447 38,447 CASHIER DODSON, DEANNE V DRIVING RN 13,999 5,642 19,641 19,641 19,641 CASHIER 7.05/HR DRIVING RN 35,863 3,035 38,898 38,898 38,898 CASHIERS 7.05/HR DRIVING RN 34,658 2,932 37,590 37,590 37,590 CASHIERS 7.05/HR PAR THREE 35,863 3,035 38,898 38,898 38,898 CASHIERS/PAR 3 PROCIW, DAN L - 83% RIVERBEND 21,081 6,779 27,860 27,860 27,860 CASHIER ALLEN, SUSAN A - 83% RIVERBEND 21,676 10,452 32,128 32,128 32,128 CASHIER-SNACK BAR WIGGINS, CARRIE L RIVERBEND 26,664 9,990 36,654 36,654 36,654 CASHIER LEIGH, MARK D RIVERBEND 28,092 11,470 39,562 39,562 39,562 CASHIER-SNACK BAR 6.88/HR RIVERBEND 10,189 1,301 11,490 11,490 11,490 MARSHALL STARTER 7.05/HR RIVERBEND 14,438 1,222 15,660 15,660 15,660 CASHIERS/VENDORS 730,624 206,554 937,178 937,178 480,651 456,527 CITY OF KENT GOLF COMPLEX MONTHLY FINANCIAL REPORT NOVEMBER, 1992 TABLE OF CONTENTS PAGE NO. GOLF COMPLEX REVENUE AND EXPENSE GRAPH 1 SUMMARY OPERATING STATEMENT 2 OPERATING REVENUES 3 STATEMENT OF REVENUES AND EXPENSES MONTHLY 5 ESTIMATED ACTUAL FOR YEAR 5 5 YEAR PROJECTION OF REVENUES AND EXPENSES 6 PROPOSED CAPITAL PLAN 7 GOLF COMPLEX REVENUE f00 Budget 90 Aaual 80x 70 Box sox 40 GOLF COMPLEX REVENUE 30 ACTUAL $ 2,668,796 BUDGET 2,716,834 sox EST ACT 2,768,356 ,ox PROJ VAR 51,522 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC % OF YEAR 8.3% 16.7% 25.0% 33.3% 41.77 50.0% 58.3% 66.7% 75.0% 83.3% 91.7/. 100.0% BUDGET 3.5% 8.6% 16.3% 27.0% 36.7/ 48.7'/ 63.3% 76.6% 86.5% 93.1% 96.4% 100.0% ACTUAL 3.6% 9.1% 18.6% 28.6% 39.8% 54.0% 67.3% 80.0% 88.6% 94.8% 98.2% EST ACT 101.5% 104.9% 113.5% 105.8% 108.3% 110.9% 106.4% 104.5% 102.4% 101.8% 101.9% GOLF COMPLEX EXPENDITURES Budget 100 Actual Go 80x 70 so% 80 GOLF COMPLEX EXPENDITURES 40 ACTUAL S 1,782,116 30%- BUDGET 1,731,750 20 EST ACT 1,963,085 PROJ VAR (231,335) 10x 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC OF YEAR 8.3% 16.7/ 25.0% 33.3% 41.7/ 50.0% 58.3% 66.77 75.0% 83.3% 91.7/. 100.0% BUDGET 6.2% 14.6% 22.3% 29.0% 39.6% 49.6% 57.8% 66.5% 74.6% 83.9% 90.6Y. 100.0% ACTUAL 7.5% 15.8% 27.7% 36.5% 48.3% 58.9% 70.0% 79.8% 88.5% 96.6% 102.9% EST ACT 120.3% 108.3% 124.0% 125.8% 122.1% 118.9% 121.2% 120.0% 118.6% 115.1% 113.4% 17-Dec-92 City of Kent 1989 1990 1991 1992 (2) 1993 (4) 1994 (4) Go,' - Complex Actual Actual Actual Est Actual Recommend Forecast Op�.ting Statement OPERATING REVENUE 1,406,600 2,079,705 2,653,220 2,768,356 2,866,428 2,952,420 OP EXPENSE (LESS DEPRECIATION) 934,635 1,527,202 1,876,617 1,963,085 2,029, 246,400 2�246,401 DEPRECIATION OPERATING INCOME 412,840 326,192 551,006 558,870 590,767 605,735 INTEREST INCOME 44,067 98,658 15,835 31,978 41,309 43,108 OTHER INCOME 3,091 8,922 3$ 87 4,225 3,000 3,000 INTEREST EXPENSE (278,918) (443,399) (432,833) (421,436) (408,103) (382,483) NET INCOME 181,080 (9,627) 137,395 173,637 226,973 269,360 DEPRECIATION/AMORTIZATION 50,523 237,699 236,986 257,789 257,789 257,789 AVAILABLE FOR DEBT SERVICE 231,603 228,072 374,381 431,426 484,762 527,149 TRANSFERS FOR DEBT (140,000) (140,000) (140,000) (140,000) (140,000) (140,000) (135,000) (145,000) (155:000) (165000) (175,000) REVENUE BOND PAYMENTS CART LEASE PAYMENTS (7,801) (14,997) (17,323) (20,009) (23:112) (10,658) CASH FLOW SURPLUS (DEFICIT) 83,802 (61,925) 72,058 116,417 156,650 201,491 CA07TAL EXPENDITURES �..�RATING INCOME 412,840 326,192 551,006 558,870 590,767 605,735 CAPITAL COST ($1,000s) 11,3.7 11,2.8 11,4.8 11,4.7% 11,5.1% 11,5.2% OPERATING INC/CAPITAL COST 3.7% 2.8% 4.8% r ' City of Kent ACTUALS ESTIMATED Golf Camplex OPERATING REVENUES 1989 % 1990 % 1991 % TOTAL ACTUAL 1992 18 hole green fees 561,983 40.0 8869944 42.6 1,086,798 41.0 2,535,725 41.3 11118,202 40.5 9 hole green fees 187,198 13.3 205,846 9.9 254,439 9.6 647,483 10.5 264,546 9.6 Driving range fees 364,135 25.9 408,974 19.7 477,959. 18.0 1,251,068 20.4 471,592 17.1 Merchandise sales 36,580 2.6 149,154 7.2 325,694� 12.2 511,428 8.3 344,841 12.5 Food and beverage service 127,001 9.0 193,287 9.3 221,779 8.4 542,067 8.8 268,472 9.7 Cart & club rental 66,003 4.7 103,513 5.0 127,019 4.8 296,535 4.8 125,538 4.5 Lesson fees 71,043 3.4 84,997� 3.2 156,040 2.6 105,643 3.8 Mini-putt fees 38,077 2.7 43,968 2.1 65,687• 2.5 147,732 2.5 63,541 2.3 Miscellaneous revenues 25,623 1.8 16,976 0.8 8,848 0.3 51,447 0.8 5,981 0.2 TOTAL OPERATING 1,406,600 100.0 2,079,705 100.0 2,653,220 100.0 6,139,525 100.0 2,768,356 100.2 Investment interest 44,067 106,902 44,313 195,282 42,362 Rental property 2,869 3,204 3,387 9,480 4,225 IS0,oa8• O _ 316 N 33 fX-UAot roe L ,3 -�s City of Kent G0FNOV92 Golf Carplex 17-Dec-92 Statement of Revenues and Expenses For the 11 Months Ended 11/30/92 Driving Golf Golf Range Admire Maint Riverbend Par Three Mini-Putt Total REVENUE Green Fees 1,077,947 255,022 1,332,969 Driving Range Fees 451,785 451,785 Miscellaneous Revenue Mini.-putt Fees 62,397 62,397 Golf lessons 103,319 103,319 , Sale of Merchandise 42,664 13,935 260,235 316,834 - Sale of Food 209,699 32,836 11,440 253,975 Cart and Club Rentals 96,107 18,460 6,452 121,019 Miscellaneous 3,123 1,782 915 5,820 Operating revenue 1,429,540 322,035 896,543 2,648,118 EXPENSES Salaries 95,433 289,501 127,406 37,540 107,746 657,626 Benefits 24,941 84,304 39,014 5,007 26,909 180,175 Supplies: Items purchased for resale Merchandise 20,624 2,092 194,330 217,046 Food 83,137 19,850 6,101 109,088 Other 2,537 86,702 20,629 3,112 66,362 179,342 Services and Charges City Allocations 73,916 73,916 Golf Administration Allocation (238,660) 119,330 23,866 95,464 'f Maintenance Allocation (585,745) 409,618 83,452 92,675 ,_...er 41,858 122,287 56,615 16,264 127,899 364,923 Operating expense excluding dep 25 (2,951) 876,373 191,183 717,486 1,782,116 Operating income excluding dep (25) 2,951 553,167 130,852 179,057 866,002 Depreciation Operating income (25) 2,951 553,167 130,852 179,057 866,002 NON OPERATING REVENUES AND EXPENDITURES Interest income 20,054 20,054 Other non-operating incme 625 3,610 4,235 Interest expense-88 Rev. Bond (201,771) (201,771) Interest expense-Cart Lease/Purch (6,505) (6,505) Interest expense-working capital (8,619) (8,619) Amortization of interest (196,216) 3,610 (192,606) NET INOOME (25) 2,951 356,951 130,852 182,667 673,396 OTHER FINANCIAL SOURCES (USES) Add back-Depreciation -Amortization Principal 88 Rev. Bond Principal 89 Cart Lease/Purch (20,009) (20,009) Transfer for 85 GO Debt (52,113) (52,112) (104,225) Acquisition of Capital Assets (2,951) (4,219) (7,170) In- ^tory (Increase) Decrease Total Other Sources (Uses) (2,951) (20,009) (52,113) (56,331) (131,404) INCREASE (DECREASE) IN CASH (25) 336,942 78,739 126,336 541,992 GOFNOV City of Kent 92 17-Dec Golf Ca�lex 7-Dec-92 Statement of Revenues and Expenses For the 12 Months Ended 12/31/92 (ESTIMATED ACTUAL) Driving Golf Golf Range Adnin Maint Riverbend Par Three Mini-Putt Total REVENUE 1,118,202 264,546 1,382,748 Green Fees 471,592 471,592 Driving Range Fees Miscellaneous Revenue 63,541 63,541 Mini-putt Fees 105,643 105,643, Golf lessons 46,576 15,213 283,052 344,8410 Sale of Merchandise 221,669 34,710 12,093 268,472- Sale of Food 99,696 19,149 6,693 125,538- Cart and Club Rentals 3,210 1,831 940 5,981 Miscellaneous Operating revenue 1,489,353 335,449 943,554 2,768,356 EXPENSES706,227 Salaries 99,762 312,299 137,439 40,496 129,028 193, Benefits 26,163 90,943' 42,086 5,401 29,028 193,621 Supplies: Items purchased for resale 37,261 12,170 226,442 275,8739 Merchandise 93,213 23,282 7,156 123,651• Food 5,150 73,080 23,469 3,540 75,497 180,736 Other Services and Charges 80,636 City Allocations 80,636 Golf Administration Allocation (257,861) 128,931 25,786 103,144 Golf Maintenance Allocation (614,099) 436,010 85,974 92,115 46,150 134,826 62,420 17,932 141,013 402,341 Coker Operating expense excluding dep (2,951) 960,829 214,581 790,626 1,963,085 Operating income excluding dep 2,951 528,524 120,868 152,928 805,271 Depreciation 212,237 2,777 31,387 246,401 Operating income 2,951 316,287 118,091 121,541 558,870 NON OPERATING REVENUES AMID EXPENDITURES 42,362 42,362 Interest intone 625 3,600 4,225 Other non-operating intone 403,543) Interest expense-88 Rev. Bond (40 �505) ( (6,505) Interest expense-Cart Lease/Porch (6 ) 10,384 Interest expense-working capital (10,384) (11,388) Amortization of interest (388,833) 3,600 (385,233) NET INCCME 2,951 (72,546) 118,091 125,141 173,637 OTHER FINANCIAL SOURCES (USES) Add back-Depreciation 211,388 2,777 31,387 211,388 11,388 11,388 -Amortization (155,000) (155,000) Principal 88 Rev. Bond (20,009) (20,009) Principal 89 Cart Lease/Porch (70,000) (70,000) (140,000) Transfer for 85 GO Debt 951 20,000) (9,500) (32,451) Acquisition of Capital Assets (2 ) Inventory (Increase) Decrease , Total Other Sources (Uses) (2,951) 28,616 (67,223) (48,113) (89,671) INCREASE (DECREASE) IN CASH (43,930) 50,868 77,028 83,966 r GOFNOv92 17-Dec-92 City of Kent Golf Complex 1990 1991 1992 (2) 11/30 1992 (2) 1993 (4) 1994 (4) 1995 (4) 1996 (4) 1997 (4) Actual Actual Budget Actual Est Actual Budget Forecast Forecast Forecast Forecast RE\. Charges For Services: Green Fees-9 Hole 205,846 254,439 243,257 07 ,947 118,202 278,411 183,087 893 295,700 255,99 313,7 Green Fees-Riverbend a86,944 1,086,798 1,111,211 1,077,947 1,118,202 1,149,411 1,183,893 1,219:409 1,52 ,631 1,538,310 Range Fees 408:974 479,399 488:952 451,785 471,592 478,282 492,630 507,409 522,631 538,310 Miscellaneous Revenue 577,941 832,584 873,414 863,364 914,016 960,010 988:810 1,018,474 1,049,028 1,080,499 189 Total Operating Revenue 2,079,705 2,653,220 2,716,834 2,648,118 2,768,�53%2,866,3?5%2,952,3?0%3,040,3.00Y3,132,3?0%3,226,3.0% Percent Growth (4) 27.6% OPERATING EXPENSES: Salaries & Benefits 764,180 851,459 888,524 837,801 899,848 937,178 969,979 1,003,928 1,786,75 1,075,432 814, Supplies 379,257 593,354 415,370 505,476 580,260 709,610 734,446 760,152 424,054 438,896 Services and Charges 383,765 431,804 427,856 438,839 482,977 382:472 395,859 409,714 424,054 438,896 621 Total Operating Exp Less Dep. 1,527,202 1,876,617 1,731,750 1,782,116 1,963,�86/2,029,36� 2,100,385 2,173,3.542,249,3.5%876 2,328,3.5% p rowth (4) 22.9% otaL Operating ess De 552,503 776,603 985,084 866,002 805,271 837,168 852,136 867,199 882,346 897,568 Depreciation 226,311 225,597 226,311 246,401 246,401 246,401 246,401 246,401 246,401 Operating Income 326,192 551,006 758,773 866,002 558,870 590,767 605,735 620,798 635,945 651,167 NONOPERATING REVENUE & (EXPENSES): Interest Income (Expense) 98,658 15,835 2,362 11,435 31,978 41,300 43,100 45,627 43,00 51,641 Other Non-Operating income 8,922 3,387 3,000 4,235 4,225 3,000 3,000 3,000 3,000 3,000 (431,883) (423,437) (414,931) (201,771) (414,931) (404,701) (382,093) (369,843) (356,523) (341,623) Interest Expense 88 Rev. Bond Interest Exp Cart Lease/Purch (11,516) (9,396) (6,505) (6,505) (6,505) (3,402) (390) Total Nonop. Rev.& Exp. (335,819) (413,611) (416,074) (192,606) (385,233) (363,794) (336,375) (321,216) (304,992) (286,982) Net Income (Loss) (9,627) 137,395 342,699 673,396 173,637 226,973 269,360 299,582 330,953 364,185 Add Back-Deprec and Amortization 237,699 236,986 237,699 257,789 257,789 257,789 257,789 257,789 257,789 228,072 374,381 580,398 673,396 431,426 484,762 527,149 557,371 588,742 621,974 able for Debt Service OTHER FINANCIAL SOURCES (USES) 155,000) (165,000) (175,000) (185,000) (200,000) (215,000) Principal 88 Revenue Bond (135,000) ((17 323) (155(20:009) Principal Cart Lease/Purchase (14,997) (17,323) (20,009) (20,009) (20,009) (23,112) (10,658) Transfers for 85 GO Debt (140,000) (140:000) (140,000) (104,225) (140,000) (140,000) (140,000) (140,000) (140,000) (140,000) Total other Fin Source (Use) (289,997) (302,323) (315,009) (124,234) (315,009) (328,112) (325,658) (325,000) (340,000) (355,000) Cash Flow Surplus (Deficit) (61,925) 72,058 265,389 549,162 116,417 156,650 201,491 232,371 248,742 266,974 Capital Outlay Acquisition (3) (94,634) (78,830) (32,300) (7,170) (32,451) (61,600) Inventory (Increase) Decrease (73,243) 33,206 01,491 232,371 248,742 266,974 Increase (Decrease) In Cash (229,802) 26,434 233,089 541,992 83,966 95,050 2 Capital outlay - construction (489,753) Extraordinary Gain-Land Sale 836,960 506,954 506,954 506,954 Transfers from other. funds-CIP Line of Credit from General Fund Paid off (1,200,000) (700,000) Issued & Outstanding 700,000 700,000 (66,155) (66,155) 524,765 619,815 821,306 1,053,677 1,302,419 Beginning Working Capital 289,801 (92,794) (66,155) Ending Working Capital 560,120 Reserved for Debt Service (1) (652,914) (560:120) 113,768 422:6701 (35,355) 559:695 2611,186 493,557 742,299 1,009,273 Unreserved (92,794) (66,360) 673,888 982,791 524,765 619,815 821,306 1,053,677 1,302,419 1,569,393 Total Operating Income to Total Asset % Operating Income 326,192 551,006 758,773 8659268 1768064 5666925 1610625 620,798 6576162 651,167 85 Total Assets (Capital Cost) 11543680 11402482 11402482 11659268 11768064 11666925 11610627 11585209 115765.5 115855.E Operating Income/Capital Cost 2.8% 4.8% 6.7'/, 7.4% 4.7% 5.1% 5.2%. 5.4% 5.5% 5.6% (1 :tuaL and estimated amounts in Golf Course Debt Service Reserve fun debt Pssuednd ordinancomplex. (2) 1992 column excludes $442,992 principal and interest payments (3) $20,000 for main under Meeker Street shown in 1992 budget, 1992 estimated actual. (4) For 1993-1997, forecast of annual operating revenue and expense increases. 17-Dec-92 -- GOLF COURSE --FORECAST-----"" CAPITAL PLAN PARKS BUDGET OTHER BUDGET DESCRIPTION PRIORITY(1) 1992 1992 1993 1994 1995 1996 1997 1998 PICKER ASSEMBLY (PURCHASED) 3,500 HONDA UTILITY CART 3 6,000 (6,000) 6,000 FERTILIZER SPREADER 2,800 MAINLINE UNDER MEEKER 15 20,000 BED KNIFE & REEL GRINDER 1 17,500 RANGE RETRIEVAL POWER UNIT 2 8,000 SAND TRAP GROOMING ATTACH. 4 1,500 KNIVES - FAIRWAY AERATOR 5 2,000 AER WAY AERATOR 3, 00 GREENS ROLLER 5,000 BALL WASHING UNIT-RANGE 6 13,500 MONEY OP BALL DISPENSER 7 8,200 HOLDUP ALARMS 8 1,400 HEATERS-RANGE STALLS 9 1,800 1,800 CB RADIOS 10 2,400 TABLES & CHAIRS 11 tools/minor equipment KITCHEN EQUIP 12 tools/minor equipment TRACTOR/LOADER 13 30,000 BRUSH ATTACHMNT - GREENS 14 1,500 IRRIGATION-PAR 3 16 74,000 100,000 FERTILIZER SPREADER 17 3,500 AERATOR/CORE PULVERIZOR 18 27,000 TOP DRESSER 19 8,100 FUNGICIDE SPRAY APP 20 20,000 AERATOR FOR LAKES 21 20,000 VIDEO TEACHING AID 22 5,500 PORTABLE CONCESSION CART 23 91000 CARPET CLEANER 24 2,000 STORAGE PADS 25 5,000 SURVEILLANCE SYSTEMS 26 7,500 AREA NETTING 27 20,000 GREEN RIVER RESTROOM(2) 28 80,000 80,000 FEASIBILITY STUDY 29 30,000 1,250,000 750,000 1,200,000 11,500,000 NEW 18 HOLE COURSE 30 TOTAL 32,300 2,000 61,600 205,300 240,800 1,330,000 750,000 12,700,000 (1) Per Riverbend Golf Complex Capital Improvement Program (2) Seeking joint funds from county. NOTE: This report derived from Golf Capitat Improvement Program although totals agree only from 1996 through 1998. CONTINUED COMMUNICATIONS A. v R E P O R T S IDA ✓\ COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE OD PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. BUDGET COMMITTEE H/l ADMINISTRATIVE REPORTS Sufi act: ADMINISTRATIVE REPORT FOR 1/19/93 Crbscor: Tony MCCARTHY / KENT70/AD Dated: 01/06/93 at 0949 . TO: MAYOR KELLEHER, COUNCIL PRESIDENT WOODS AND COUNCIL MEMBERS ROGER IS HEADING UP STAFF COMMITTEE TO DEVELOP A PROCESS TO DEAL WITH NUISANCES. MAYOR WOULD LIKE DRAFT BY END OF JANUARY SO CAN BE DISCUSSED AT COUNCIL RETREAT OPERATION COMMITTEE AT A FUTURE MEETING WILL BE ASKED TO RECOMMEND A POSITION ON THE THIRD RUNWAY @ SEATAC. PUGET SOUND REGIONAL COUNCIL WILL BE MAKING THEIR FINAL DECISION ON 4/29 . CHAMBER OF COMMERCE HAS BEEN NOTIFIED TO PROVIDE INFORMATION TO OPERATION COMMITTEE POSSIBLY 2/16 MEETING UPCOMING EVENTS 1/25 6PM CHAMBERS ARTS COMMISSION MEETING ON ART @ REGIONAL JUSTICE CNTR 2/2 WEST HILL ISLAND ELECTION, VOTE BY MAIL VOTE BY MAIL, BUT BALLOTS CAN BE DROPPED OFF AT CITY HALL BEGINNING 1/25 DURING WORKING HOURS AND _ AND ON 2/2 FROM 7AM TO 8PM 2/2 6PM CH LOBBY KENT ARTS COMMISSION RECEPTION 2/10 6PM SUBURBAN CITIES MEETING 2/24 TYEE/TUMW CITY LEGISLATIVE ACTION COMMITTEE 2/26 1-5PM WH FIRE COUNCIL RETREAT 2/27 8-5PM WH FIRE COUNCIL RETREAT, LUNCH TO BE PROVIDED 3/6-9 WASH DC NLC CONGRESSIONAL - CITY CONFERENCE 5/1 OPENING OF SATURDAY MARKET City Clerk OPERATIONS COMMITTEE MIN U-1-h5 January 5, 1993 COMMITTEE MEMBERS PRESENT: Christi Houser Leona Orr Jim White STAFF PRESENT: Kelly Brown Rose Grabert Joye Honeycutt Brenda Jacober Charlie Lindsey Roger Lubovich Tony McCarthy Alana Mclalwain May Miller Kelli O'Donnell Ron Spang Tom Vetsch MEMBERS OF THE PUBLIC: Jack Becvar Bill Doolittle Jean Parietti The meeting was called to order at 2:05 p.m. by Chairperson Houser. Approval of Vouchers All claims for the period ending November 30, 1992, in the amount of$1,093,299.32, and for the period ending December 15, 1992, in the amount of$2,549,489.49, were approved for payment. Vouchers for the period ending December 31, 1992, were distributed for audit. Greater Kent Historical Society (GKHS) Presentation GKHS President Jack Becvar distributed a memorandum to the Committee. After thanking the Committee members for the City's support, he asked for funding in the amount of $2,500.00 for the Greater Kent Historical Society. Chief Administrative Officer McCarthy noted that there were funds in the budget previously used for White River Historical Society that could be used for this purpose at the Council's discretion. After a discussion of charging back office space and phones to be included in the amount requested, Committeemember Orr moved to approve the designation of funding for Kent Historical Society. Committeemember White seconded the motion which passed 3-0. 1993 Work Program Law City Attorney Lubovich reviewed Laws 1993 Work Program '. White asked if it was possible to have the department presentations made to the full Council. McCarthy responded that he would check with the Council President on the possibility of a workshop. He noted that the departments were reporting to their respective Committees so that the Council would be able to answer other Councilmembers questions at the Council retreat. Copies available, call Kelly O'Donnell 859-2116. 1 OPERATIONS COMMITTEE MINUTES January 5, 1993, Cont. 11993 Work Program Information Services Information Services Director Spang reviewed Information Services' 1993 Work Program. Bill Doolittle requested a list of who had cellular phones and the expenses associated with them. 1993 Work Program City Clerk's Office City Clerk Jacober reviewed the City Clerk's Office 1993 Work Program'. 1993 Work Program Finance Acting Finance Director Miller reviewed the Finance Department's 1993 Work Program. Deinstallation of Sverry Computer Spang requested authorization to sell the Sperry System 80 to Carroll and Company for$100. Orr so moved,White seconded and the motion passed 3-0. Aukeen District Court Filing Fees Lubovich updated the Committee on the filing fees for Aukeen District Court. After objections from other jurisdictions, King County discovered that they had made an error in Kent's bill because of Auburn no longer participating. King County adjusted up the filing fees for Kent from their original proposal. White noted his objection to King County making a change after the budget was already adopted. Lubovich noted that the City Attorneys attending the meeting voiced the same complaint. Ordinance to Adopt City Code Lubovich asked for Committee authorization to adopt by ordinance the newly completed City Code. After a brief discussion, Orr moved to recommend approval of the ordinance to adopt the City Code to be sent to the next City Council meeting. White Seconded the motion which passed 3-0. Cable TV Re franchise Ordinances Assistant City Attorney Brubaker noted that this was an informational item at this time and he would like to bring the item back to the next Operations Committee for action. Brubaker updated the Committee on the progress of the negotiations with TCI Cable for a refranchise agreement. The meeting was adjourned at 4:01 p.m. by Chairperson Houser. Copies available, call Kelli O'Donnell 859-2116. 2 Brenda Jacober City Clerk Parks Committee Minutes January 5, 1993 Councilmembers Present: Jim Bennett, Chair; Jon Johnson, Christi Houser and Leona Orr. Staff Present: Tony McCarthy, Roger Lubovich, Alana McIalwain, Tom Brubaker, May Miller, Helen Wickstrom, Cheryl Fraser, Lea Bishop, Lori Hogan, Liz Gasper, Doug Siegert, Tim Bond, Jack Ball , Patrice Thorell , Norm Reger, Wayne McDonald, KR Schamber, Dave Owen and Pam Rumer. Others Present: Steve Dowell , Bill Doolittle, Ruth O'Brien, Doug Schwab and Jim Freitag. 1993 CITY ART PLAN The 1993 City Art Plan lists projects for 1993 specifically and other projects for the upcoming five years in general terms. Projects for 1993 include downtown murals, installation of a joint project between the Kent Corrections Facility and Neely-O'Brien Elementary at the new police station, the purchase of portable works at the Canterbury Faire Juried Fine Art Show, and artwork projects for east hill and west hill parks. Also included are funds for maintenance, supplies, etc. Liz Gasper said that the 1993 City Art Plan has been approved by the Kent Arts Commission and requested approval from the Parks Committee. Gasper pointed out for Councilmember Houser that the City Art Plan does not require additional funds, but is funded by the $2 per capita ordinance. Councilmember Johnson moved that the 1993 City Art Plan be approved and placed on the Consent Calendar for the January 19 City Council meeting. Houser seconded the motion. The motion passed with a 2-0 vote, as Councilmember Bennett had not yet arrived. GREEN RIVER TRAIL CONDEMNATION Tom Brubaker explained that for 2-112 years, the City has been trying to purchase property to complete the Green River Trail from Riverbend Golf Complex to the Auburn city limits. The only remaining easement to obtain is owned by John Stipek, and the City has not been able to come up with a satisfactory arrangement with him. Brubaker said the Parks Department needs to go out to bid and the only thing the City can do is condemn the property. Brubaker explained the condemnation process for the Committee, and distributed a draft copy of the condemnation ordinance. Johnson moved to proceed with condemnation of the Green River Trail . Houser seconded the motion. The motion passed with a 2-0 vote, as Councilmember Bennett Parks Committee Minutes January 5, 1993 Page Two had not yet arrived.* *Later in the meeting, Brubaker gave Bennett background regarding the Green River Trail Condemnation issue so Bennett could vote on the issue in order that it may be placed on the January 19 Consent Calendar. Bennett voted in favor of the motion, thus the motion passed unanimously. 1993 KENT PARKS AND RECREATION DEPARTMENT WORK PROGRAM Helen Wickstrom opened by saying that the Parks Department is extremely proud that its work program maintains the same or even expanded levels of quality service with downsized staff and reduced resources. Wickstrom reported that Department revenues continue to grow, but expenditures have leveled off and have started to go down because of cuts the Department has made over the past few years. The Department continues to receive public and business support, and maximizes CIP dollars which has resulted in a 34% increase in park land since 1987. Wickstrom said that even though no matching funds are available in the 1993 CIP, more than $60,000 is available through the King County Conservation Futures program. The Department will apply for some of that money, which is available for acquisition only. Wickstrom requested input from the Committee regarding possible projects to submit for funding. Lori Hogan said that due to a reduction in staff in July, the City has had to close the Kent Commons on Sundays. She reported that 220,000 participants visit the Commons annually, and Commons staff receive 60,000 phone calls annually. Jack Ball pointed out that Park Maintenance had 16.75 employees to maintain 534 acres of park land in 1987, and in 1993, the Division has 17.18 employees to maintain 713 acres. This equates to 1/2 of a full time position to maintain an additional 179 acres. Ball also mentioned that the Street Tree program has increased 1,303 trees since 1987. Patrice Thorell reported that 1993 goals for Riverbend include improvements in leadership, accountability in golfer services, integration of professional PGA into all areas of the complex, and a maintenance work plan. Work plans were also presented by Cultural Arts, Senior Center and Resource Center. Councilmember Johnson moved to accept the 1993 Kent Parks and Recreation Department Work Plan. Houser seconded the motion. The motion passed unanimously. Parks Committee Minutes January 5, 1993 Page Three GOLF ADVISORY BOARD CONTRACT/RFP City Attorney Roger Lubovich distributed copies of the first draft of the RFP and the latest version of the management contract which reflects changes made since December 1. Tony McCarthy announced that the Golf Advisory Board will meet on Saturday, January 9 to discuss the RFP, the latest version of the contract, and a proposal submitted by Patrice Thorell , and will then make a final recommendation. The issue will come back to Parks Committee on January 19 and on to the full Council on January 19. At that time, McCarthy said the Council will decide in concept whether the City is going the way the Golf Advisory Board recommends. McCarthy said that details will be worked out by the Parks Committee and Golf Advisory Board in subsequent meetings. He listed a timetable submitted by the Golf Advisory Board: 1/11 Input from PGA 2/01 RPF out 3/01 Responses due 4/01 Interviews completed 5/01 Transition period begins Houser made a motion to proceed with the timetable outlined by the Golf Advisory Board, and to take the issue to the full Council on January 19. Johnson seconded the motion. The motion passed unanimously. A lengthy discussion followed regarding the structure of the merchandise issue and certain factors to be considered regarding bond covenant and IRS restrictions. City Attorney Lubovich explained that a determination has been made that, in this particular instance, merchandising can be factored out as a separate compensation item, outside of the fixed fee and percentage fee compensation limitations outlined in the management contract. Doolittle requested to see any modifications to the contract graphically represented. Steve Dowell expressed concern that Golf Advisory Board members would not have enough time to review the revised contract, the draft of the RFP, and the proposal submitted by Thorell before Saturday's meeting. Thorell explained that the proposal she submitted is the presentation of another option based upon Golf Advisory Board recommendations. She said it was not her intent to compete with the Golf Advisory Board, but to collaborate with what the Golf Advisory Board had in mind. Doug Schwab questioned whether Thorell 's proposal had been evaluated by the PGA Community Relations Committee to see if the option is feasible or cost effective for the City of Kent. He said this was the Council 's wish at the May 5 City Council meeting when councilmembers requested that the Golf Advisory Board look Parks Committee Minutes January 5, 1993 Page Four Thorell said that no contact was made with the PGA regarding her proposal . She pointed out that the elements of the proposal are feasible within the City of Kent, and have been evaluated by herself and others within the City. Thorell explained that her proposal is a continuation of what is already being done, with fewer staff, and through contracting employees rather than the potential of adding additional full time City employees. It was Thorell 's opinion that the May 5 Council request was based upon the fact that the Golf Advisory Board proposed contracting out to an independent contractor. Under her proposal , the Golf Director would be a City employee contracted by the City. McCarthy suggested that if it is necessary for Thorell 's proposal to go to the PGA, perhaps it can go on January 11 when the PGA reviews the RFP. Bennett asked Thorell if any other City is using the type of contract she is proposing. Thorell said she would do some research. She said the City has contracted employees before, and pointed out that her proposal is more similar to contracting out to an independent contractor than hiring an actual City employee. The meeting adjourned at 7:00 PM. PUBLIC WORKS COMMITTEE JANUARY 6, 1993 PRESENT: JIM WHITE ED WHITE JIM BENNETT DICK GILLISSE PAUL MANN LAURIE EVEZICH TONY MC CARTHY MAY MILLER DON WICKSTROM MR. & MRS. RUST TOM BRUBAKER Commute Trip Reduction Ordinance Wickstrom stated that this was discussed at the December 2nd meeting; Dick Gillisse brought forwarded a final copy of the Ordinance noting there were minor changes in grammar and format. Jim White asked if this ordinance meets or exceeds state law or is the state law specific. Gillisse responded that this meets the state law. Wickstrom stated that it is our recommendation that we bring this item forward for full Council to hold a hearing; if there are several comments of substance, than it will be referred back to the Committee for recommendation. If not, Wickstrom recommended adoption of the ordinance at the February 5th meeting. Wickstrom said that it is mandatory to have this Ordinance before Council in January however, due to the schedule it will be February 2nd before it is formally acted upon. Wickstrom stated that further action will be required on how we implement it. Committee unanimously agreed to recommend that Council adopt an ordinance on Commute Trip Reduction. Recycling Space Requirements Ordinance Brubaker stated that this was discussed at the December 2nd meeting and that this ordinance mandates that new high density, industrial type construction set aside space for recycling. Brubaker said that there shouldn't be any conflicts with Planning and it should be administered by the Public Works Dept. whenever a permit application is made. Brubaker also confirmed that this is mandated by King County and will open the channel to receive some grant funds. Committee unanimously agreed to recommend that Council adopt an ordinance on Recycling Space Requirements for developers. 1 Heath Techna Franchise Brubaker stated that Heath Techna Corporation wants to place a data communication transmission line under the street between two of their warehouses. The City has required a franchise from them because it goes across public right of way. Brubaker explained that this franchise is for one isolated line. Jim White asked if a franchise fee is required. Brubaker responded that no fee is required and the bond requirement has also been eliminated. Essentially, this gives the City some control in the future and in the event we want to widen the street, Heath Techna will remove the line at their expense and relocate it. Committee unanimously agreed to recommend approval of the Heath Techna Franchise. Brubaker commented that the legal descriptions will be attached when the Franchise comes before Council. Brubaker also noted two readings are required; it will go before Council for a first reading on January 19th and then passed under the Consent calendar on February 2nd. Cable T.V. Franchise Brubaker explained that the current Cable T.V. Franchise is up for renewal with TCI Cablevision. The City has been in negotiations thru Brubaker and Don Olson for well over a year and have put together two ordinances; a master ordinance which sets the general parameters for any cable operator who comes into the City of Kent and the franchise ordinance which will specifically apply to TCI. Brubaker said that essentially the longer a franchise we grant, the more the cable company will be willing to cooperate with the City and provide additional services; the shorter the franchise term the less they are going to be willing to do. In this situation, there are some services the City wants to be able to provide and in an attempt to obtain those services Brubaker stated that he has negotiated at this point, a 15 year franchise; if we shorten the franchise term they will start to bargain away some of the services. Brubaker explained that the cable T.V. industry is controlled by Federal Law and the cable T.V. lobby has been powerful in the past. We do not have rate-setting authority; we cannot cancel their franchise without a strong showing of basically a poor operation. The main bargaining tool is the term of the franchise. With the new cable law that was passed, it will give us potentially some rate-setting authority but we have to wait until the FCC issues some rules and regulations. Brubaker said the bargaining has resulted in the following - they will provide us with a live broadcast ability out of City Hall. They will install three remote control cameras in City Hall Chambers for live broadcasts of all Council meetings, Committee meetings, Hearing Examiner and any open 2 1 public meeting. The cameras will be operated by a computer system and a character generator so when we are not broadcasting live, we can broadcast bulletin type information for City residents. As part of the live broadcast system, there will be improved lighting and sound system in City Hall. Separate from that, they will also provide us with a mobile production unit with the ability to go on- site and tape live. Initially, Kent will be the only city in this region that has its own live channel. Other cities will have the opportunity to have their live own channel but not until the cable company has built its own fibre optic network. The cable company is going to build this for us immediately and if this franchise is passed in February, we could be broadcasting live by June or July. In addition, they will also provide us with an internal network system for the Fire Dept. This will allow for live one-way transmission from the East Hill fire station to all the other fire stations. There will be a senior citizens discount for certain disadvantaged senior citizens and an emergency override system will be implemented so that in the event there is a City or regional emergency, we will have the authority to cut in and make announcements over the entire cable spectrum. Brubaker further explained that when the cable company has installed their fibre optic system, and this is guaranteed to happen either upon completion of the fibre optic system or within 4 years, whichever occurs first, they will provide the cable subscribers with a number of channels. The services available to the citizens of the City will be greatly expanded. The City of Kent will get a public channel, an educational channel and a government channel. Right now we have only a government channel. TCI has agreed to service the cities of Tukwila, Kent, Renton, and Auburn by providing a South County regional public facility which would be a television studio available to the public. At the time of this fibre optic build out, the School District will have the opportunity to have cable internal networks. Brubaker stated that TCI has asked for a 15 year franchise. It is Brubaker's recommendation that the City accept this. Brubaker stated that as part of the franchise ordinance and the master ordinance, we have created a "trigger clause" . Basically this means if there is ever a change in the Federal law or another kind of cable service is provided by the cable company at anytime, either to King County or to a neighboring jurisdiction or to a certain percentage of the cities in this region, TCI 'must provide that same service to Kent within 12 to 24 months. The franchise also re-defines the definition of "gross receipts" into a more expansive definition and therefore our 5% franchise fee, which is the maximum allowed by law, should bring in approximately one-third more revenue into the City, once the new ordinance is passed. Brubaker determined there would be a difference of approximately $120, 000 cash from cable operations to about $170, 000. 3 Brubaker explained that this is a non-exclusive franchise and the master franchise would become the controlling ordinance for any other company coming into our area. Jim White asked if there was a by-back clause; Brubaker responded that might be an inherent right we have but he will look into that. Mann asked if this goes beyond the boundaries of Kent. Brubaker responded that this covers only the city limits of Kent, and until fibre optic occurs, we will give up the existing government channel. Mann stated that with the school district covering a wider area, if we had announcements with regard to school activities we would be limited in our ability to broadcast to residents whose children attend school outside of the city limits. He felt it would be more effective if we could reach that audience as well. Brubaker responded that by doing this, we would be expanding beyond our jurisdiction and out of our control. Bennett asked, when the Growth Management Act is in place and the boundaries have been established, could there be language that would allow us that time to expand to those areas? Brubaker will look into that. Public Works Plan Review Fee Ordinance Wickstrom stated that as part of the 193 budget approval, and in conjunction with reducing the budget deficit, the Public Works fees increased. In order to do this, the existing ordinance needs to be amended. Right now the ordinance is a decelerating ordinance; 2% of the first $100, 000 and 1-1/2% of $100, 000 to $200, 000 and 1% of over $200, 000. That has generated about $75, 000 when there were improvements being built along with developments. This new ordinance is in keeping with what was approved in the budget; we have projected to increase our revenues by $83 , 000 bringing our total revenue projection to $148, 000 for plan review. Wickstrom further stated that we also added in the ordinance that the developer pay 50% of the plan review fee before plan review is instituted. This will allow them two complete reviews of the plan. Anything more than that, we will charge $50 per hour. This will eliminate our having to do most of the design work ourselves for the developer. Bennett asked what would happen if the ordinance does not pass. Wickstrom responded that we wouldn't generate the $83, 000 in initial revenue; this revenue is based on past statistics and it's costing us $500, 000 in the plan review process and we are only generating $70, 000 on a good year, in revenues to cover that expense. This is not to recuperate 100% of our costs, it is only pushing it to $148, 000 vs. $500, 000. Committee unanimously agreed to recommend that Council adopt the amended Public Works Plan Review Fee Ordinance. 4 Decant Stations • Del Webb Pump Station; 1992 Asphalt Overlays; Committee unanimously agreed to accept these contracts as complete. Dover Place Bill of Sale• Van Doren' s Business Center Bldg C Bill of Sale Committee unanimously agreed to accept these bills of sale. King County Solid Waste Special Collection Event Wickstrom stated that we have applied for a Grant from King County Solid Waste for a Special Collection event; this is a 100% grant (about $11, 000) . We will be picking up metals, appliances and additional plastic containers and a contract with King County Solid Waste is required for this. Committee unanimously agreed to recommend execution of a contract for the King County Solid Waste Special Collection Event. 5