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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/02/1993 i � f Kentt o Cuty r�{ s t } a } Ag end CITY OF Mayor Dan Kelleher Council Members Judy Woods, President Jim Bennett Paul Mann Christi Houser Leona Orr Jon Johnson Jim White February 2, 1993 office of the City Clerk CITY OF LS SUMMARY AGENDA KENT CITY COUNCIL MEETING February 2, 1993 Council Chambers 973 . 7 : 00 p.m. MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett Christi Houser Jon Johnson Paul Mann Leona Orr Jim White CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. Employee of the Month bon .11c Dctn'e( B/ State of Emergency Report C./ Kent Arts Commission Regrant Awards Presentation D. Proclamation - National Engineers Week E.✓ Proclamation - American History Month - Daughters of the American Revolution 2 . UBLIC HEARINGS A. Commute Trip Reduction Program 3 . ✓ CONSENT CALENDAR -/A. Minutes ✓B. Bills /C. 1992 Budget Adjustment Ordinance - D. Accounts Receivable Writeoffs E. Award of Office Supply Contract .IF. Library - Accept As Complete s: G. Street Vacation - Pioneer St. - Ordinance d H. Human Services Commission Appointments I. Bicycle Safety Advisory Committee Appointments J. Interurban Trail - Accept as Complete K. Environmental Fund Position Clarification L. LID 338 - Westview Terrace/McCann's Westview Sanitary Sewer 0 inance �(Vl �XI � c -e_,Ai �V1a n r 4 . OTHER BUSINES vA. Inauguration Day Storm Clean-Up Funding ✓ B. LID 333 - Traffic Signal - Ordinance 5. 4✓ eath Techna Franch' se Ordinance - 1st Reading fDS Lti1 1. k, None 6. CONTINUED COMMUNICATIONS 7 . REPORTS 8. ADJOURNMENT 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) Employee of the Month < „K B) State of Emergency Report f ' C) Kent Arts Commission Regrant Awards Presentation D) Proclamation - National Engineers Week E) Proclamation - American History Month - Daughters of the American Revolution Kent City Council Meeting Date February 2 , 1993 Category Public Hearinas 1. SUBJECT: COMMUTE TRIP REDUCTION PROGRAM 2 . SUMMARY STATEMENT: This date has been set f the public hearing on the Commute Trip Reduction Ordinanc Notice of this hearing was advertised in the local paper. The Public Works Department will give an overview of the ordinance. 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 k/ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTIOn Councilmember moves, Councilmember �LfL'/ seconds to adopt Ordinance o4)relating to Commute Trip Reduction measures as required by RCW 70.94 . 527 (if comments of significant substance are received) refer the matter back to ee Public Works Committee for formal recommendation. DISCUSSION: ACTION: Iv LT Council Agenda Item No. 2A ✓ 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 DEPARTMENT OF PUBLIC WORKS January 27, 1993 To: Mayor Kelleher & City Council From: Don Wickstrom5�) Re: Commute Trip Reduction Program Attached is a synopsis of the ordinance along with a copy of the actual ordinance. CITY OF KENT COMMUTE TRIP REDUCTION ORDINANCE In 1991 the Washington State Legislature adopted the Commute Trip Reduction Law as part of the Washington Clean Air Act. Its purpose is to help improve air quality while reducing traffic congestion and energy consumption. The law directs local jurisdictions to adopt an ordinance requiring major employers to design and implement programs encouraging employees to use alternatives to single-occupant vehicle commuting. The ordinance applies to employers having 100 or more full-time employees reporting to work between 6 and 9 a.m. Affected employers will be required to: • appoint an employee transportation coordinator, • post and distribute information on commuting alternatives, • offer specific programs and incentives encouraging employee participation, • conduct surveys to measure changes in commuting habits, and • submit program information and annual progress reports to the City for review and approval. The State Law established goals of reducing drive-alone commute trips 15% by 1995, 25% by 1997 and 35% by 1999. Employers will not be penalized if these goals are not met, but are subject to penalties if they do not develop a program or put forth a good faith effort to support it. The ordinance contains exemptions for employers with unique circumstances and credit for those with successful programs. Additional credit is provided for trips eliminated through walking, bicycling, flex-time and telecommuting. Under the ordinance, employers will have six months to develop and submit a program to the City for approval. The program must be implemented six months later. The City will be conducting workshops to assist employers in program development and implementation, and will provide all materials for conducting employee surveys. This ordinance will initially affect 35 to 40 employers in the City of Kent. Efforts are being made to assure there is consistency with programs of other jurisdictions in the Puget Sound area so all employers are treated in a similar and equitable manner. ii i� 11; �I 1� I; 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 it 11 I �l WHEREAS, the plan must require affected employers to Himplement programs to reduce vehicle miles traveled per employee ':land the number of single occupant vehicles used for commuting jlpurposes 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. 2 I, I f! I� i 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. K. "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. 3 �j i; I 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 4 ii parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers. S. "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 rules and 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 5 !i i{ i ii i{ I I i I; i; 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 6 I !I 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 an 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 followinc 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 7 I� I i measures designed to meet CTR goals, as described in RCW 70.94.531 and the City of Kent CTR administrative regulations. B. Affected Employers 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. 8 I'I 1, 'I 11 II ,I II �{ 2. Beginning in 1995, if an affected employer has i 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 neerl 9 i� I! is ... i 1 i i 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 10 1 I� 1 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 guidelines. 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. 11 Ii I I Ifl i �I 1. The penalty for violations in (B) above shall be assessed by the Public Works Director in an amount not to exceed $25,0 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 12 i! I i ( unconstitutional or invalid for any reason, such decision shall not Jaffect 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 . 13 i hereby certify that this is a true and correct copy of I ��Ordin hereby passed by. the City Council of the City of ilKent, Washington, and approved by the Mayor of the City of Kent as ;thereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK ordnance.ctr 14 CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through be approved. Discussion L�1 Action /3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 19 , 1993 . J3B. Approval of Bills. Approval of payment of the bills received through January 29, 1993 after auditing by the Operations Committee at its meeting at 2 :30 p.m. on February 2 , 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount Avyroval of checks issued for payroll: Date Check Numbers Amount Council Agen�a ✓ Item No. 3 A-B Kent, Washington January 19, 1993 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Pro Tem Woods. Present: Councilmembers Bennett, Houser, Johnson, Mann, and Orr, Chief Administrative Officer McCarthy, City Attorney Lubovich, Planning Director Harris, City Engineer Gill, Fire Chief Angelo, Police Captain Miller, Information Services Director Spang and Acting Finance Director Miller. Councilmember White was excused from the meeting. PUBLIC Regional Justice Center Update. Alana McIalwain COMMUNICATION noted that the City Clerk maintains a mailing list on this subject and that interested citizens should submit their names and addresses to the City Clerk. She then introduced Sharon Wong from the Office of Capital Planning and Kay Sparks, Project Director. Sparks stated that they are in negotiations on the site, and suggested presenting an update at the first Council meeting of each month. Woods agreed to that schedule and expressed appreciation for the updates. Sparks then explained for Bennett that there are many innovative ways of housing offenders, including youthful offenders. She noted that in regard to the site, land cost is only one issue, and that they are currently looking at Kent and SeaTac. She explained that an Environmental Impact State- ment has not been completed for the SeaTac site, and has been completed for the Kent site. Kent Jaycee Week. Woods read a proclamation noting that the Kent Jaycees has contributed to the betterment of this community through its involvement in such programs as Cornucopia Days, community holiday decorations, Kent youth scholar- ship program, and projects for the community' s needy families, and declaring the week of January 18 to 24 , 1993 as Kent Jaycee Week in the City of Kent. The proclamation was presented to Dee Dee Hicks, President of the Kent Jaycees. CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through S be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of January 5, 1993 . January 19, 1993 HEALTH & (CONSENT CALENDAR - ITEM 3Q) SANITATION Teresa Lane. ACCEPTANCE 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 exten- sion, 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, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3R) Dover Place. ACCEPTANCE of the bill of sale and warranty agreement submitted by CamWest Develop- ment, Inc. for continuous operation and mainte- nance 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, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3S) Van Doren's Business Center Bldg. C - Paving and Storm Drainage Modification. ACCEPTANCE of the bill of sale and warranty agreement submitted by Birtcher VDL Land Partnership for continuous oper- ation and maintenance of the center median modifi- cation on 64th Avenue South 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 5 ' x 8 ' of concrete box culvert storm drain and release of bonds after expiration of the maintenance period, as recommended by the Public Works Commit- tee. STREETS (CONSENT CALENDAR - ITEM 3P) 1992 Asphalt Overlays. ACCEPT as complete the contract with M. A. Segale, Inc. for the 1992 Asphalt Overlays and release of retainage after receipt of State releases. 2 January 19, 1993 SEWERS (PUBLIC HEARINGS - ITEM 2A) LID 338 - Westview Terrace/McCann's Westview Sanitary Sewers. This date has been set for the public hearing on the final assessment roll for LID 338 . City Engineer Gill pointed out the location of the project and explained that the purpose of the LID was to install sanitary sewer to an area previously on septic systems. He noted that $39 , 494 . 82 of budgeted sewer utility funds were included in the final distribution of the project costs, but that even with this contribu- tion, the final assessments have increased approx- imately 9%, or $600 per parcel. He noted that a complete asphalt overlay of the streets is included in the project, and it will be done in the spring. Woods opened the public hearing. There were no comments from the audience and JOHNSON MOVED to close the public hearing. Orr seconded and the motion carried. MANN MOVED that the City Attorney _. be directed to prepare the ordinance confirming the final assessment roll for LID 338 . Houser seconded and the motion carried. (CONSENT CALENDAR - ITEM 3H) LID 339 - Hilltop Avenue Sanitary Sewer. ADOPTION of Ordinance No. 3083 confirming the Final Assess- ment Roll for LID 333 . (CONSENT CALENDAR - ITEM 3N) Decant Stations. ACCEPT as complete the contract with R.W. Scott for the Decant Stations project and release of retainage after receipt of State releases. (CONSENT CALENDAR - ITEM 30) Del Webb Pump Station ACCEPT as complete the contract with R. W. Scott for the Del Webb Pump Station project and release of retainage after receipt of State releases. TRAFFIC (CONSENT CALENDAR - ITEM 3G) CONTROL LID 333 - Traffic Signal at 72nd Avenue South and South 180th Street. ADOPTION of Ordinance No. 3082 confirming the Final Assessment Roll for LID 333 . 3 January 19, 1993 TRAFFIC (CONSENT CALENDAR - ITEM 3J) CONTROL Commute Trip Reduction. AUTHORIZATION to set February 2nd as the hearing date for the Commute Trip Reduction program, as recommended by the Public Works Committee. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3L) PLAN Public Works Plan Review Fee. ADOPTION of Ordinance No. 3085 relating to Public Works Improvement Plan Approval and Inspection Fees, as recommended by the Public Works Committee. RECYCLING (OTHER BUSINESS - ITEM 4C) ADDED BY BILL DOOLITTLE Recycling Position. Bill Doolittle, 412 N. Washington, noted that a document dated November 1, 1992 , shows that the Golf Course Manager position would be vacant in 1993 since Robyn Bartelt would be in the Environmental Fund. He pointed out that applications for the Environ- mental Fund position opened on November 10 and closed on November 17 and questioned how Bartelt could have had the job on November 1, ten days before the job was announced. Doolittle also noted that at the December 1st meeting he had asked why Bartelts ' leaving was not brought up at the Parks Committee meeting, how many people had applied for the job, and what the salary range was; he stated that he has not received any answers yet. McCarthy explained that the document Doolittle has is a list of vacant positions and that the date on it is wrong, since it was not changed when it should have been. He added that he was not aware that Ms. Bartelt had applied for the Environmental Fund position until after the decision to hire her was made. He explained that the Council recommen- dation from last summer was that the position vacated by the person who took the Environmental Fund position would be eliminated. He added that at that time no one knew that the position would come from the golf complex, and that they thought it would most likely come from Public Works. He said the intent was that there would be a savings of a general fund position. He noted that the 4 January 19, 1993 RECYCLING Council could change their intent to reflect that a position in Public Works be eliminated, as opposed to the Golf Complex position. He noted that at the time, Public Works did not have a vacant position identified for elimination, but that since then a vacancy has occurred and a position could be eliminated. He said there was never any intent to reduce a position at the Golf Complex through the action on the Environmental Fund. (CONSENT CALENDAR - ITEM 3K) Recycling Space Requirements ADOPTION of Ordinance No. 3084 relating to recycling storage area requirements for new high density and indus- trial developments, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3M) King County Solid Waste Special Collection Event AUTHORIZATION for the Mayor to sign an interlocal agreement initiating a Special Recycling Collec- tion Event in March, 1993 ; this is a 100% grant fund from King County (approximately $11, 000) , as recommended by the Public Works Committee. Agree- ment is subject to the City Attorney's concur- rence. CODE (CONSENT CALENDAR - ITEM 3I) ENFORCEMENT Plumbing Fees Schedule Resolution ADOPTION of Resolution No. 1341 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 accor- dance to the fee schedule from the 1991 edition of the Uniform Plumbing Code. The projected annual revenue is subject to changes in growth. Indica- tions are that there will be slow but continual growth. 5 January 19 , 1993 ANNEXATION/ (OTHER BUSINESS - ITEM 4A) DEANNEXATION Kent/SeaTac/Metro Annexation - Deannexation. The proposed resolution would start 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 the intersection of State Highway 516 and I-5. Assistant City Attorney Brubaker explained that a parcel included in the expansion area is in the City of SeaTac which would cause problems with permitting, construction and maintenance pro- cesses, as well as jurisdictional matters for Police. Brubaker also noted that the City of SeaTac has asked that Kent annex a portion of I-5 that goes to Kent-Des Moines Road, and deannex a portion of the Grandview Park property in order for SeaTac to bring it into their city limits. ORR MOVED that Resolution No. 1342 annexing por- tions of SeaTac to Kent and portions of Kent to SeaTac be approved. Johnson seconded and the motion carried. FRANCHISE Heath Techna Franchise Ordinance - First Reading. City Attorney Lubovich asked that this item be removed from tonight' s agenda and be rescheduled for the next Council meeting. CITY (CONSENT CALENDAR - ITEM 3C) CODE REMOVED AT THE REQUEST OF BILL DOOLITTLE City of Kent Municipal Code. ADOPTION of Ordinance No. 3080 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. 6 January 1i, 1993 CITY Bill Doolittle, 412 N. Washington, asked the CODE reason for the change in wording in Section 9 . 02. 36 regarding Disorderly Conduct. City Attorney Lubovich explained that the codifier erroneously used the word "fear" , that the State definition is "risk" , and that this action cor- rects the error. PARKS & (CONSENT CALENDAR - ITEM 3D) RECREATION Green River Trail Condemnation. ADOPTION of Ordinance No. 3081 and AUTHORIZATION for the City Attorney to commence with proceedings necessary to acquire by condemnation an easement for parks and recreation purposes over certain property with payment thereof out of the City' s Green River Trail fund. (CONSENT CALENDAR - ITEM 3E) 1993 City Art Plan. 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 No. 2552 which allocates $2 per capital per year for public art in Kent. (OTHER BUSINESS - ITEM 4B) Golf Complex Request for Proposal. 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 man- agement into the golf complex operation while improving the net flow of funds to the City for golf debt service expenditures and Golf Complex betterment. McCarthy noted that the Golf Advisory Board has met extensively, and that their recommendation is to integrate professional management into the golf complex operation and to save the City a substan- tial amount of money. He noted that the schedule is to get the RFP out in February, give the staff and golf advisory board time to review it, make a recommendation to the Council at the end of April 7 January 19 , 1993 PARKS & and begin the transition process on May 1. He RECREATION noted that they had decided to let the proposers explain how employees would be handled during the transition process. He stated that although there is an in-house proposal which would also obtain professional golf management, the Board's proposal additionally attempts to obtain substantial savings for the City. He explained that $250, 000 could be saved and $100, 000 generated in revenue. He also noted that the City could save money by eliminating either the Golf Complex Manager posi- tion or the Golf Maintenance Superintendent posi- tion, if they contract out for all of the opera- tion except maintenance. He added that there is a provision that the bidder would buy out the City' s merchandise, as well as carts and restaurant furniture. He said it is expected that the City would receive approximately $127 , 000 cash up front, as well as saving $350, 000 . BENNETT MOVED to accept the Parks Committee rec- ommendation to develop and issue a request for proposal and management agreement in a form sub- stantially similar to that in the agenda packet. Houser seconded. Bennett said that he has worked on this issue both as an employee and as a Coun- cilmember and that the RFP process must go on in order to find out what is available. Mann said he has concluded that Patrice Thorell ' s proposal is the best option and that hiring a golf profes- sional is a more effective method than contracting a professional. He noted that a person who is hired can be fired if they don't work out, but that a contracted person must be kept for the duration of the contract. Bennett pointed out that there is language in the contract whereby the contract can be voided if the contractor fails to perform. Orr spoke in support of the motion, noting that it enables the City to determine what is available and whether contracting would be beneficial. She noted that this does not mean they will absolutely contract it out. Johnson agreed with Orr that an evaluation must be done and the only way to do that is to send out the RFP and evaluate them against the Parks proposal. 8 January 19 , 1993 PARKS Bill Doolittle, 412 N. Washington, noted that the RECREATION City has already projected a $100, 000 increase per year through 1996, and that $70, 000 is in the budget for a manager position which has been elim- inated. He encouraged the Council to address that position. He agreed with Mann that the Parks Department proposal is the best option, but that nothing can be lost by sending out the RFP. He noted that the proposed schedule does not allow much time. Lubovich clarified for Doolittle that the proposal keeps the golf course directly under the Parks Director. Doolittle requested that the Selection Advisory Committee be made up of a majority of citizens of the City of Kent, noting that only one member of the Golf Advisory Board is a citizen of Kent. Bruce Young commended the man- agement and staff of the Golf Course and urged the Council to consider hiring a pro and keeping the existing staff, who have done an outstanding job with very little leadership. Ted Loudenback sug- gested hiring a manager to run the golf course, and noted that if it is contracted out, there will be no improvements to the course. He said that a contracted person would simply operate the till and pocket the money, and may raise prices, which would drive away golfers. He said that taxpayers would prefer to keep the course under the City and keep outsiders out. Steve Dowell stated that what is proposed is privitization and that a contractor will hire his own people for less money and let City employees go. He noted that a majority of the Board said they liked Thorell ' s plan and would have voted for it if it had been brought to them earlier. He read a letter dated July 8 , 1991 to Robyn Bartelt from Judy Woods and Christi Houser stating that the Council is not considering privitization and has total confidence in the management of the course by staff. He urged the Council to elimi- nate privitization and vote for Thorell ' s pro- posal. 9 January 19, 1993 PARKS & Doua Schwab clarified that five members of the RECREATION Golf Advisory Board are citizens of the City of Kent, that two who do not live in Kent represent the Mens and Ladies Clubs, and the other member manages a store in Kent, and said that the citizens of Kent are very fairly represented. He noted that last May the Council identified the need to have professional golf management inte- grated into the organizational structure of the complex, and the need to review the financial per- formance of the golf complex in order to evaluate how its expenses were impacting the City' s severely constrained general fund and capital improvement fund. He noted that the Parks Com- mittee voted to recommend the plan before the Council tonight. He stated that the alternate plan from the Parks Department recommends hiring a Director of Golf as a City employee, and that after the Board listened to Thorell ' s presenta- tion, they evaluated the proposal and concluded that it does not offer the savings it suggested, that it kept the City mired in it' s unprofitable merchandise sales business, that it increased the City' s administrative involvement, and it depended on unacceptable green fee and range fee rate increases. Schwab noted that the majority of publicly-owned golf facilities use the format before the Council tonight, and stated that this is not privitization. He explained that the con- tract would set forth that the Director's compen- sation will be paid from revenues generated, which insures that the City' s financial interests are protected and that costs of operation are con- trolled. He added that the City, through the Parks Department, would continue to be in charge of the golf complex. He said this proposal would reduce the cost of operation and administrative involvement, while providing the City with a professional management team to work in partner- ship with. He stated that the City's Parks Direc- tor has failed to recognize this, and has misrep- resented the recommendations of the Advisory Board and the Parks Committee, as well as the cost of the golf complex expansion, it' s operational costs, and it' s potential revenue. Schwab stated that Riverbend is the most expensive golf facility to operate and the most expensive facility for 10 January 19 , 1993 PARKS & users to play on in the Northwest. He said that RECREATION on the day that the contract is signed the City will receive a check for approximately $150, 000 from the Director, and operating costs will be reduced. Mann noted that the Council has received corres- pondence from other municipalities indicating that they have had trouble with contracted profes- sionals, and it is not always easy to determine a breach of contract. Lubovich noted for Mann that the Council will approve any contract, as well as renew or terminate it. Mann then pointed out that hiring would be done by City Administration and contracting would be done by City Council . Ted Loudenback, 21550 - 123rd Avenue, Kent, read from a newspaper article which stated that Tukwila has had a less than satisfactory experience with a contractor, and that it is impossible to know if there will be problems with a contractor until a working relationship begins. He suggested hiring a professional but keeping it under the City's control. He quoted from an editorial which stated that the key lies in the talents and training of the professional golf director selected. He said the City would have much more control if a profes- sional is hired then if he is contracted. Dowell noted that the City' s experience with contracted labor at the golf course has not been good and that in the past, a contracted person continued to work until his contract ran out even though the State Auditor reported discrepancies. Doolittle said that he does not believe that Barney Wilson intentionally misled the Council. He said there has always been confusion over numbers. He pointed out that there has been a request by the Parks Department for the past two years to put a currently employed PGA pro under contract, but it has never been done, and that he found out today that the City did not renew the contract of another pro at the course. The motion to develop and issue a request for pro- posal and management agreement then carried, with Mann opposed. 11 January 19 , 1993 APPOINTMENTS (CONSENT CALENDAR - ITEM 3F) Reappointment to Drinking Driver Task Force. CONFIRMATION of the Mayor' s reappointment of Jim Sawyers as a member of the Drinking Driver Task Force. His reappointment will continue to 1/1/96 . FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through January 15, 1993 after auditing by the Operations Committee at its meeting at 3 : 00 p.m. on January 19 , 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount 1/1-1/15/93 126339-126747 $1, 514 , 527 . 41 Approval of checks issued for payroll : Date Check Numbers Amount 1/20/93 180281-180657 $ 591, 695 . 66 1/20/93 (Advices) 4324-4611 345 , 811. 13 $ 937, 506.79. REPORTS Council President. Woods reminded the Council that the Council retreat will be held on February 26 and 27 . Planning Committee. Orr reported that the wet- lands ordinance had been sent back to the Planning Commission with a go-day time period in which to complete their work, and that the Chairman of the Commission has explained that although their work is complete, a public hearing is required. She noted that the soonest the hearing can be scheduled is the end of February. The Council agreed to that schedule. Orr noted that the Kent School District has formed a task force to work on the issue of concurrency and standard of service for the District. She announced that there will be a meeting at the school district administration building to accept comments from interested citizens at 7 : 00 p.m. on January 20. 12 January 19, 1993 REPORTS Budget Committee. Johnson noted that the next meeting will be held on Monday, January 25 at 4 : 00 p.m. Administrative Reports. McCarthy noted that the City Attorney is looking at nuisance ordinances and will make a report at the Council retreat. He noted that the issue of a third runway at SeaTac will be discussed by the Operations Committee. He also noted that if Council approves, unspent senior housing bond proceeds will be used to pur- chase additional furniture, equipment and a 24-passenger van for the senior housing project. He also explained that staff from the Parks Department and the King County Library District will submit a possible alternative to the landscaping at the library. He added that the Library District will pay half the cost. ADJOURNMENT The meeting adjourned at 8 : 40 p.m. Brenda J co er, CMC City Cler 13 Kent City Council Meeting Date February 2 , 1993 Category Consent Calendar 1. SUBJECT: 1992 BUDGET ADJUSTMENT ORDINANCE 2 . SUMMARY STATEMENT: Authorization to adopt Ordinance 0Q adjusting the 1992 Budget. The budget adjustment ordinance totals $14,805,897. This budget adjustment is primarily a housekeeping adjustment consolidating individual budget items into one ordinance. $14, 063 , 768 of this amount has been previously approved by Council. The additional amount of $742, 129 has not been officially approved by the Council but is needed to be in compliance with the State Auditor' s require- ments. Revenues, grants, charges to City departments or fund balance provide sources of funding for the budget adjustments. In addition to the budget adjustments two lines of credit are necessary to cover funds that are required to be spent before they are reimbursed. $200, 000 is needed from the Capital Improvement Fund to cover a late December Lake Fenwick land purchase, until the funds are received from King County Open Space Bonds in January 1993 . A line of credit of $75, 000 from the General Fund is needed to cover the Housing and Community Development Fund expenditures until the funds are reimbursed by King County. a is -- irraiu�Ye�tThe- Finance Rireet©r- i- --avai lable -€er 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Budget Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended_, Not Recommended 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3C Date: January 22, 1993 To: Budget Committee Members and Councilmembers From: May Miller Subject: 1992 Budget Adjustment Ordinance The total of the 1992 Budget Adjustment Ordinance is $14,805,897. Of this amount, $14,063,768 has been previously approved by the council but is included here to officially adjust the budget. The additional amount of $742,129 has not been officially approved by the Council , but is needed to be in compliance with the state auditor's requirements. The funds involved have generated the additional revenue or have fund balance to cover these expenditures. Details of the budget changes are attached, with a summary listed below. In addition to the budget adjustments, two lines of credit are necessary to cover funds that are required to be spent before they are reimbursed. $200,000 is needed from the Capital Improvement Fund to cover a late December Lake Fenwick land purchase, until the funds are received from King County Open Space Bonds in January. $75,000 Is needed from the General Fund to cover the Housing and Community Development Fund expenditures until funds are reimbursed by King County. Previously approved amounts are: 92. 10,550,083 TFor he 1985, 11986,i candd 1987f Bond 1 Issue partial aly council refinancing 1 saved approximately $397,000 in present value debt service. This was used to retire the Lake Fenwick Woods Contract of $225,000 and to make early payment on the City's share of Lid Bonds at higher interest rates. 2,891,864 - For Street Capital Projects, primarily Corridor and Central Avenue fundedProjects on and LID's. Includes $81,596 from state mKing Co grants,untyfor commuter t r�p reduction. 541,976 - For Park Capital Projects, primarily for Scenic Hill Park and Lake Fenwick Trail . The projects were funded from state grants, King County Open Space Bonds and Kent School District. 175,000 - For Police Headquarters Remodel from Public Safety Bond interest. 4125182 - For Water Capital Projects from ending fund balance. 223,135 - For other grant funded projects such as Solid Waste Recycling, Police Drug and Drinking Driver, Growth Management and Hazardous Waste. (730,472) - Net amount that covers other listed budget adjustments and corrections such as project set-up, transfer or closing adjustments for projects already approved by Council , offset by reductions in approved Capital Projects that were deferred or reduced in scope. 14,063,768 - Total budget adjustments previously approved. $792,129 not previously approved is listed as follows: 632,000 - For payments to Metro for sewage treatments. Budgeted amounts did not adequately cover Metro's 1/1/92 rate increase and the growth in the customer,ussomer rev revenue is generatedatod rate was passe cover xpe dituresn to the 150,000 - To cover increased expenditures at the Golf Complex for operating cost overrun. Budget reports i August predicted costcontrbudget adjustment of approximately $345,000 ol has reduced the estimated need to $150,000. Additional revenues of $60,800, primarily for sales of food and beverages, cover a portion of the budget, with the Golf Course' s own Reserved Fund balance covering the balance. The budget change is primarily for food and merchandise for resale, with a portion needed for part-time salaries & benefits, professional service contracts and unplanned storage tank removal . 152,755 - To cover increased claim costs for the City's self-insured Health Insurance Fund. $34,000 of this is partially offset by charges to departments within their existing budgets, with the remaining amount reducing the ending fund balance to $239,038. The rates were shares,l to cover sed gco er anticipated claims cost n the 1993 budget for i oth City d employee increases for 1993 16,645 - To cover increased rates from the State for that portion of the City's self-insured Labor & Industries Insurance. The rates have been charged to departments to cover the cost. 48,092 - To cover increased claim costs for unemployment due to the layoff of Endinglfunds in e balance reservedsuwere and rectiondecreasedin rtof$673,899. . the and na 188,768 - To coveUti 1 i tyr Taxes accountingan on thatchange Fund's o gross gerevenueWerins instead a of gthe individual customers. Unencumbered fund balance covered these expenditures. (752,724) - To remove the debt service for Drainage Bonds not issued in 1992. 261,928 - To partially pay off early the City portion of an LID with a high interest rate, using a portion of the un-issued Drainage Bonds mentioned above. 44,665 - To cover other miscellaneous budget adjustments such as Economic Development Team Downtown Study and Tradec International Trade Program as approved at EDC Board Meetings. 742,129 Total budget adjustments not previously approved by Council . ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending the 1992 Budget for adjustments made during 1992 and author- izing an additional line of credit from the General Fund and the Capital Improvement Fund to the Parks Capital Project Fund and Housing and Community Development to cover expenditures. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Changes in budget are as follows: FUND TOTAL General Fund $ (21, 643) Street Fund 50, 000 Capital Improvement 10, 550, 083 Criminal Justice 268 , 461 Environmental 134 , 881 Housing & Community Development 23 , 899 Other Operating Projects 181, 342 Councilmanic Debt Service 59 , 419 Special Assessment Debt Service 41, 010 Street Capital Project 2,891, 864 Park Capital Project 541, 976 Other Capital Project (289 , 169) Water 718, 182 Sewerage (36, 661) Golf Complex 176, 265 Equipment Rental 15, 900 Central Services 11095, 453 Insurance 217, 492 Utility Clearing Fund (40, 057) Economic Development Corporation 104 , 665 Total Gross Budget Adjustments $16, 683 , 362 Less: Internal Service Funds 11375, 914 Other Transfers (11492 , 821) Internal Transfers 1 , 994 , 372 Total Net Budget Adjustments $14 , 805 , 897 Section 2 . Authorization of a line of credit from the Capital Improvement Fund to the Parks Capital Project Fund in an amount not to exceed $200, 000. Authorization of a line of credit from the General Fund to the Housing and Community Development Fund in an amount not to exceed $75, 000 . The funds will only b used as needed. Section 3 . Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. ATTEST: DAN KELLEHER, MAYOR BRENDA JACOBER, 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 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 MUDADl.MD 3 CITY OF KENT 1992 BUDGET ADJUSTMENT ORDINANCE ADDITIONAL APPROPRIATIONS FUND CARRYOVER BUDGET ORDINANCE #3011 ORDINANCE #3069 ORDINANCE # TOTAL ---------------- --------------- --------------- --------------- ------------ General Fund 33,137,803 (316,770) (21,643) 32,799,390 Street 1,470,106 5,809 50,000 1,525,915 Capital Improvement 3,804,441 10,550,083 14,354,524 Criminal Justice Fund 239,798 634,976 24,809 268,461 1,168,044 Environmental 412,655 238,095 13,594 134,881 799,225 Housing 8 Community Dev 134,055 225,180 23,899 383,134 Other Operating Projects 447,289 50,000 181,342 678,631 Voted Debt Service 1,898,795 1,898,795 Councilmatic Debt Service 2,221,037 59,419 2,280,456 Special Assessment Debt 3,395,514 41,010 3,436,524 Street Capital Projects 31,505,140 1,259,000 2,891,864 35,656,004 Park Capital Projects 5,135,023 43,739 541,976 5,720,738 Other Capital Projects 41,327,535 576,000 (289,169) 41,614,366 Water 23,900,278 11,342,178 138,147 718,182 36,098,785 Sewerage 32,602,292 18,669,509 56,253 (36,661) 51,291,393 Golf Course 3,254,363 15,420 176,265 3,446,048 Equipment Rental 87,000 1,283,120 21,802 15,900 1,407,822 Central Services 3,221,605 1,907,432 (131,593) 1,095,453 6,092,897 Insurance 4,190,697 217,492 4,408,189 Firemen's Relief 8 Pension 149,500 149,500 Utility Clearing Fund 40,057 (40,057) Economic Development Corp. 25,345 104,665 130,010 TOTAL GROSS BUDGET 139,012,670 89,776,830 (132,472) 16,683,362 245,340,390 Less, Internal Service Funds 7,228,263 (109,791) 1,375,914 8,494,386 Other Transfers 16,758,556 (1,492,821) 15,265,735 Internal Transfers 1,994,372 1,994,372 TOTAL NET BUDGET 139,012,670 65,790,011 (22,681) 14,805,897 219,585,897 Ordinance 3011 dated 11-19-91 adopted the 1992 Budget. Ordinance 3069 dated 9-15-92 removed vacant positions and salary credits from the 1992 Budget. 22-Jan-93 CITY OF KENT GENERAL FUND 1992 BUDGET ADJUSTMENTS - SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES No. 3011 33,137,803 Budget Ordinance No. 3069 (316,770) Budget Ordinance (1) (7,415) Error in Original Ordinance #3011 (1) (7�g59) Error in Original Ordinance #3069 Budget Adjustments Previously Approved in Prior Year or Other Funds: Reclass Study Implementation 12/17/91 25,947 Crime Prevention Education (2) 500 Kent Commons Sound Proof call (2) 2,9854,250 Kent Downtown Association (2) Resource Center restroom remodel project (2) 6,247 Accounting change of Senior Center Trips (3) (75,000) Accounting Change of POB Allocation (4) 28,702 ------------- Total Budget.Adjustments (21,643) TOTAL EXPENDITURES 32,799,390 SOURCES OF FUNDING ------------------ 31,779,971 Budget Ordinance (316,770) Budget Ordinance 1,857,832 Beginning Fund Balance (500,000) 32,821,033 Ending Fund Balance (6,695) Error in Original Ordinance #3011 Budget Adjustment Source: (1,016) Operations Revenue 500 Contributions (75,000) Accounting change-Rec trips 60,568 Ending Fund Balance Budget Change from 500,000 to 439,432 (21,643) Total 32,799,390 TOTAL SOURCES (1)Amount approved during budget process, omitted from ordinance in error. (2)Budget approved during 1991, funds carried forward to 1992. (3)To change method of accounting for Senior Center trips. (4)To change method of accounting for public office building to a central service fund. 22-Jan-93 CITY OF KENT STREET FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------ ------- EXPENDITURES - -- ------------ Budget Ordinance No. 3011 1,470,106 Budget Ordinance No. 3069 5,809 Error in Original Ordinance #3011 (1) 50,000 ------------- Total Budget Adjustments 50,000 TOTAL EXPENDITURES 1,525,915 SOURCES OF FUNDING `----------------- Budget Ordinance 1,315,848 Budget Ordinance 5809 Beginning Fund Balance 207,503 Ending Fund Balance (53,245) 1,475,915 Budget Adjustment Source: Street Utility Tax 770,000 Ending Fund Balance (720,000) Budget Change from 53,245 t0 773,245 Total 50,000 TOTAL SOURCES 1,525,915 (1)Project amount approved during 1991 budget process, transfer omitted in error. 22-Jan-93 CITY OF KENT CAPITAL IMPROVEMENT FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING EXPENDITURES ------------ Budget Ordinance No. 3011 3,804,441 Budget Adjustments Previously Approved with Council Date: Refinancing of the 1985, 1986 and 1987 4/21 10,550,083 Councilmanic Bonds ------------- Total Budget Adjustments 10,550,083 TOTAL EXPENDITURES 14,354,524 SOURCES OF FUNDING ----------'------- Budget Ordinance 3,542,827 Beginning Fund Balance 711,614 Ending Fund Balance (450,000) 3,804,441 Budget Adjustment Source: Proceeds-GO Bonds 10,513,691 Ending Fund Balance 36,392 Budget Change from 450,000 to 413,608 ------------- Total 10,550,083 TOTAL SOURCES 14,354,524 22-Jan-93 CITY OF KENT CRIMINAL JUSTICE FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------- ----__- EXPENDITURES ------------ Budget ordinance No. 3011 634,976 Budget Ordinance No. 3069 24,809 Carryover Budget 239,798 Budget Adjustments Previously Approved in Prior Year or Other Funds: Drinking Driver Countermeasure 92-93 (1) (908) Domestic violence (2) 24,326 Police Computer Upgrade Project (2) 10,000 Accounting Change of POB Allocation (3) 43 Previously Approved with Council Date: Working Together-Drug Reduction Grant 2/04 30,000 Task Force-Youth Conference 9/15 5,000 Police Computer Upgrade Project 12/17 100,000 Internal Transfer-Police Computer Upgrade Project 12/17 100,000 ------------- Total Budget Adjustments 268,461 TOTAL GROSS EXPENDITURES 1,168,044 SOURCES OF FUNDING ------------------ Budget Ordinance 783,119 Budget Ordinance 24,809 Carryover Budget 239,798 Beginning Fund Balance 234,312 Ending Fund Balance (382,455) 899,583 Budget Adjustment Source: Beginning Fund Balance 183,596 State Grant-Working Together-HUD 30,000 State Grant-Drinking Driver (908) Seized Asset Proceeds 100,000 Contributions 5,000 Ending Fund Balance (149,227) Budget Change from 382,455 to 531,682 Internal Transfer-Police Computer Upgrade Project 100,000 ------------- Total Budget Adjustments 268,461 TOTAL GROSS SOURCES 1,168,044 22-Jan-93 (1)Grant amount for 7/01/92 thru 6/30/93, adjusted to grant amount. (2)The approved portion of the 1991 budget, carried forward to 1992. (3)To change method of accounting for POB to a central service fund. 22-Jan-93 CITY OF KENT _. ENVIRONMENTAL FUND 1992 BUDGET ADJUSTMENTS - SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------- EXPENDITURES ------------ Budget Ordinance No. 3011 238,095 Budget Ordinance No. 3069 13,594 Carryover Budget 412,655 Budget Adjustments Previously Approved with Council Date: Used Motor Oil Collection Events-County Grant 6/16 9,717 Solid Waste/Recycting Coordinator 8 Special 7/21 117,564 Recycling Events ChemcentraL Site Cleanup (1) 7,600 ------------- Total Budget Adjustments 134,881 TOTAL EXPENDITURES 799,225 SOURCES OF FUNDING ------------------ Budget Ordinance 194,600 Budget Ordinance 13,594 Carryover Budget 412,655 Beginning Fund Balance 290,051 Ending Fund Balance (246,556) 664,344 Budget Adjustment Source: Environmental Mitigation Permits 7,600 State Grant-Department of Ecology 85,564 County Grant 9,717 Transfer from Water Fund 32,000 ------------- Total 134,881 TOTAL SOURCES 799,225 (1)Per State Environmental Policy Act Ordinance #2494 22-Jan-93 CITY OF KENT HOUSING AND COMMUNITY DEVELOPMENT FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES - ------------ Budget ordinance No. 3011 225,180 Carryover Budget 134,055 Budget Adjustments Previously Approved in Prior Year or Other Funds: CDBG Domestic Violence Project 9/17/91 12,500 Previously Approved with Council Date: Resource Center Handicap over-Run 2/04 (421) Additional 1992 CDBG Entitlement 4/07 11,820 Total Budget Adjustments 23,899 TOTAL EXPENDITURES 383,134 SOURCES OF FUNDING ------------------ Budget Ordinance 225,180 Carryover Budget 134,055 359,235 Budget Adjustment Source: Federal Grant-H 8 CD 12,500 Federal Grant-Planning Administration 6,000 Federal Grant-Home Repair 5,399 ------------- Total 23,899 TOTAL SOURCES 383,134 22-Jan-93 CITY OF KENT OTHER OPERATING PROJECTS FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ EXPENDITURES No. 3011 50,000 Budget Ordinance 447,289 Carryover Budget Budget Adjustments Previously Approved in Prior Year or Other Funds: (1) 60,000 Downtown Infrastructure EDC Project Previously Approved with Council Date: 2/04 56,342 Growth Management Grant 5/19 20,000 Shoreline Land Trust Fund 5/19 (5,000) Growth Management/Wetlands 12/01 50,000 TRADEC International Trade Program 181,342 Total Budget Adjustments 678,631 TOTAL EXPENDITURES SOURCES OF FUNDING ------------------ 50,000 Budget Ordinance 447,289 Carryover Budget 497,289 Beginning Fund Balance Budget Adjustment Source: 10,000 State Grant 56,342 Growth Management Grant 5,000 Transfer from General Fund 110,000 Transfer from Economic Development Corporation 181,342 Total 678,631 TOTAL SOURCES (1)Budget approved during 1991, funds carried forward to 1992. 22-Jan-93 CITY OF KENT COUNCILMANIC DEBT SERVICE FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES ------------ Budget Ordinance No. 3011 2,221,037 Budget Adjustments PreviousLy Approved with Council Date: Refinancing of the 1985, 1986 and 1987 CounciLmanic Bonds 4/21 59,419 ------------- Total Budget Adjustments 59,419 TOTAL EXPENDITURES 2,280,456 SOURCES OF FUNDING ------------------ Budget Ordinance 2,221,037 2,221,037 Budget Adjustment Source: Other Interest Income 20,967 Transfer from Capital Improvement Fund 38,452 ------------- Total 59,419 TOTAL SOURCES 2,280,456 22-Jan-93 CITY OF KENT SPECIAL ASSESSMENT DEBT SERVICE FUND - 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES -- ------------ Budget Ordinance No. 3011 3,395,514 Error in Original Ordinance #3011 (1) 41,010 ------------- Total Budget Adjustments 41,010 TOTAL EXPENDITURES 3,436,524 SOURCES OF FUNDING '-------------"-- Budget Ordinance 3,446,014 Beginning Fund Balance 2,702,633 Ending Fund Balance (2,753,133) 3,395,514 Error in Original Ordinance #3011 41,010 Total 41,010 TOTAL SOURCES 3,436,524 (1)Amount approved during budget process, omitted from ordinance in error. 22-Jan-93 CITY OF KENT STREET CAPITAL PROJECTS FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING - ------------ ------- EXPENDITURES ------------ Budget Ordinance No. 3011 1,259,000 Carryover Budget 31,505,140 Budget Adjustments Previously Approved in Prior Year or Other Funds: Central Avenue Widening 2/5/91 5,722 Corridor Improvement Fund (1) (649,000) Row Acquisition-228th & 64th (2) (161,000) Railroad Crossing Improvement (2) (87,453) LID 330-64TH Avenue (3) (258,159) LID 331-SE 240th (4) (19,000) Previously Approved with Council Date: 196th Corridor-Middle Leg-LID 341 2/04 3,044,950 272nd Corridor-General 2/04 225,000 196th Corridor-West Leg-LID 340th 6/16 60,500 Central Avenue Widening 6/16 437,520 Commute Trip Reduction 6/16 81,596 272nd-277th Corridor (5) 69,913 272nd Corridor-General (5) 88,837 224th & East Valley Highway Improvement (5) 6,824 224th/228th East Corridor (5) 27,946 224th-228th Corridor (5) 17,668 Total Budget Adjustments 2,891,864 TOTAL EXPENDITURES 35,656,004 22-Jan-93 CITY OF KENT STREET CAPITAL PROJECTS FUND (CONTINUED) 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- SOURCES OF FUNDING ------------------ Budget ordinance 1,259,000 Carryover Budget 31,505,140 32,764,140 Budget Adjustment Source: State Grant-Street 3,694,192 County Grant 142,096 Mitigation Agreements 211,188 Proceeds-LID Bonds (258,159) Transfer from Street Fund (897,453) ------------- TotaL 2,891,864 TOTAL SOURCES 35,656,004 (1)Project amount approved during 1989 budget process, funding postponed. -• (2)Project budget approved during 1991 budget process, funding postponed. (3)Reduce LID 330-64th avenue project by amount transferred to debt reserve. (4)Reduction in TIB Funding. (5)Per State Environmental Policy Act Ordinance #2494. 22-Jan-93 CITY OF KENT PARK CAPITAL PROJECT FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES ------------ Budget Ordinance No. 3011 43,739 Carryover Budget 5,135,023 Error in Original Ordinance #3011 (720) Budget Adjustments Previously Approved in Prior Year or Other Funds: Scenic Hill Parking Lot 12/3/91 100,000 Kent Commons Air Conditioner (1) (44,700) Capital Equipment Project (1) (60,000) Previously Approved with Council Date: River Walk Park 2/18 75,000 KC Open Space Bond Budget Revisions 3/17 .304 Scenic Hill Park Development 4/21 225,746 KC Lake Fenwick Trail 12/01 226,346 Parkside Wetlands (2) 20,000 ------------- Total Budget Adjustments 541,976 TOTAL EXPENDITURES 5,720,738 SOURCES OF FUNDING --------'--------- Budget Ordinance 43,739 Carryover Budget 5,135,023 5,178,762 Budget Adjustment Source: Mitigation Agreements 20,000 State Grant-Parks 300,746 KC Open Space Bonds 226,650 School District 415 Agreement 100,000 Transfer from General Fund (720) Transfer from Capital Improvement Fund (104,700) ------------- Total 541,976 TOTAL SOURCES 5,720,738 (1)Project amount approved during 1991 budget process, funding postponed. (2)Per State Environmental Policy Act Ordinance #2494. 22-Jan-93 CITY OF KENT OTHER CAPITAL PROJECTS FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES ------------ Budget ordinance No. 3011 576,000 Carryover Budget 41,327,535 Budget Adjustments Previously Approved in Prior Year or Other Funds: Equipment Replacement (1) (100,000) Building Renovation (1) (100,000) Burn Tower (1) (350,400) Previously Approved with Council Date: Police Remodel-Furniture Purchases 4/21 175,000 Joint Training Center 4/21 4,641 Senior Housing Project 12/01 34,590 Internal Transfer-Police Remodel-Furniture Purchases 4/21 175,000 Joint Training Center 4/21 (128,000) ------------- Total Budget Adjustments (289,169) TOTAL GROSS EXPENDITURES 41,614,366 SOURCES OF FUNDING ------------------ Budget Ordinance 457,000 Carryover Budget 41,327,535 Beginning Fund Balance 119,000 41,903,535 Budget Adjustment Source: Interest on Investments 214,866 Puget Power-Lights 34,590 Losses-Arbitrage Reb (35,225) Transfer form Capital Improvement Fund (550,400) Internal Transfer-Police Remodel-Furniture Purchases 175,000 Joint Training Center (128,000) Total (289,169) TOTAL GROSS SOURCES 41,614,366 (1)Project amount approved during 1991 budget process, funding postponed. ........._.... . 22-Jan-93 CITY OF KENT WATER FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- -----`- EXPENDITURES ------------ Net Budget Ordinance No. 3011 6,877,027 Budget Ordinance No. 3069 138,147 Internal Transfers 4,465,151 Carryover Budget 23,900,278 Error in Original Ordinance #3011 (1) 1,840 Error in original Ordinance #3069 (1) 18,379 Budget Adjustments Previously Approved in Prior Year or other Funds: Reclass study implementation 12/17/91 4,427 Armstrong Springs Fluoride and Chlorine Additions (2) 24,639 Repair Kent Springs (2) 19,000 Replacement Ladder for 6 Millon #2 Tank (2) 4,162 Fencing for Socs Creek Well (2) 15,833 .... LID 330-64TH Avenue (3) (20,169) Accounting Change of POB Allocation (4) 6,071 Previously Approved With Council Date: SR515/516 Watermain Relocation 5/19 306,000 Solid Waste/Recycling Coordinator 7/21 32,000 Internal Transfer-SR515/516 Watermain Relocation 306,000 ------------- Total Budget Adjustments 718,182 TOTAL GROSS EXPENDITURES 36,098,785 22-Jan-93 CITY OF KENT WATER FUND (CONTINUED) 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING - ------- SOURCES OF FUNDING 8,861,427 Net Budget Ordinance 138,147 Budget Ordinance 4,465,151 Internal Transfers 23,900,278 Carryover Budget 8,514,674 Beginning Fund Balance (10,499,074) 35,380,603 Ending Fund Balance 1,840 Error in Original Ordinance #3011 Budget Adjustment Source: 410,342 Ending Working Capital (Decrease from 10,499,074 to 10,088,732) Internal Transfer-SR515/516 Watermain Relocation 306,000 718,182 Total 36,098,785 TOTAL GROSS SOURCES (1)Amount approved during budget process, omitted from ordinance in error. (2)The approved portion of the unexpended 1991 Capital Outlay budget carried forward to 1992. (3)Reduce LID 330-64th avenue project by amount transferred to debt reserve. (4)To change method of accounting for POB to a central service fund. 22-Jan-93 CITY OF KENT SEWERAGE FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES ------------ Net Budget Ordinance No. 3011 12,859,863 Budget Ordinance No. 3069 56,253 Internal Transfers 5,809,646 Carryover Budget 32,602,292 Error in Original Ordinance #3011 (1) 3,533 Error in Original Ordinance #3069 (1) 18,445 Budget Adjustments Previously Approved in Prior Year or Other Funds: Reclass Study Implementation 12/17/91 3,537 Hydraulic Tamper (2) 2,300 LID 330-64TH Avenue (3) (125,045) Accounting Change of POB Allocation (4) 5,156 Previously Approved with Council Date: Storm Drainage CIP Projects 5/05 2,062,000 Drainage Bond Issue 5/05 (3,800,000) Not Previously Approved for the Budgeted Amount: Metro Rate Change 632,000 Utility Tax Accounting Change 188,768 Reduction of Drainage Bond Contribution-Debt not sold (752,724) Early LID 330 Property Payoff 261,928 Internal Transfer-Reduction of Drainage Bond/Early LID 330 Payoff (598,559) Storm Drainage CIP Projects 2,062,000 ------------- Total Budget Adjustments (36,661) TOTAL GROSS EXPENDITURES 51,291,393 1 22-Jan-93 CITY OF KENT SEWERAGE FUND (CONTINUED) 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- SOURCES OF FUNDING ------------------ Net Budget Ordinance 10,887,553 Budget Ordinance 56,253 Internal Transfers 5,809,646 Carryover Budget 32,602,292 Beginning Fund Balance 2,755,104 Ending Fund Balance (782,794) 51,328,054 Error in Original Ordinance #3011 3,533 Budget Adjustment Source: 16,631 Sales-General Customer 164,697 Industrial Waste Surcharges 8,374 Charges-City 32,507 Sales-City (125,045) Proceeds-LID Bonds Ending Working Capital (Increase from 782,794 to 2,383,593) (1,600,799) Internal Transfer-Reduction of Drainage Bond/Early LID 330 Payoff (598,559) Storm Drainage CIP Projects 2,062,000 ------------- (36,661) Total TOTAL GROSS SOURCES 51,291,393 (1)Amount approved during budget process, omitted from ordinance in error. (2)The approved portion of the 1991 budget, carried forward to 1992. (3)Reduce LID 330-64th avenue project by amount transferred to debt reserve. (4)To change method of accounting for POB to a central service fund. 22-Jan-93 CITY OF KENT GOLF COURSE FUND 1992 BUDGET ADJUSTMENTS AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ EXPENDITURES No. 3011 2,487,743 Net Budget Ordinance No. 3069 15,420 Budget Ordinance 766,620 Internal Transfers Budget Adjustments Previously Approved in Prior Year or Other Funds: 12/17/91 5,944 Reclass Study implementation 1) 20,000 Install Mainline to Par 3 from 18 Hole ( 000 Accounting Change of POB Allocation (2) 321 Not Previously Approved for Budgeted Amount: (3) 150,000 Increase Golf Course Operating Fund 176,265 Iota( Budget Adjustments TOTAL EXPENDITURES 3,446,048 SOURCES OF FUNDING ------------------ 3,269,150 Net Budget Ordinance 15,420 Budget Ordinance 766,620 Internal Transfers 98,917 Beginning Fund Balance (880,324) 3,269,783 Ending Fund Balance Budget Adjustment Source: Previously Approved: 26,265 Ending Working Capital (Decrease from 880,324 to 854,059) Not Previously Approved: 60,800 Operations Revenue 89,200 Ending Working Capital (Decrease from 854,059 to 764,859) 176,265 Total 3,446,048 TOTAL SOURCES (1)The approved portion of the 1991 budget, carried forward to 1992. (2)To change method of accounting for POS to a central sevice fund. (3)Increase due to parttime salaries and retirement costs, merchandise purchases due to inventory reduction, increased food purchases, pro-contracts-lessons, and removal of underground storage tank. 22-Jan-93 CITY OF KENT EQUIPMENT RENTAL FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES . ------------ No. 3011 1,283,120 Budget Ordinance No. 3069 21,802 Budget Ordinance 87,000 Carryover Budget Error in Original Ordinance #3069 (1) 855 Budget Adjustments Previously Approved in Prior Year or Other Funds: Reclass Study implementation 12/17/91 1,485 10,000 Installation of an Oil and Lube Dispenser (2) 3,560 Accounting Change of POS Allocation (3) 15,900 Total Budget Adjustments 1,407,822 TOTAL EXPENDITURES SOURCES OF FUNDING ------------------ 1,556,045 Budget Ordinance 21,802 Budget ordinance 87,000 Carryover Budget 1,950,583 Beginning Fund Balance (2,223,508) 1,391,922 Ending Fund Balance Budget Adjustment Source: 15,900 Ending Working Capital (Decrease from 2,223,508 to 2,207,608) 15,900 Total 1,407,822 TOTAL SOURCES (1)Budget amount omitted from ordinance in error. (2)The approved portion of the 1991 Capital Outlay budget carried forward to 1992. (3)To change method of accounting for POS to a central services fund. 22-Jan-93 CITY OF KENT CENTRAL SERVICES 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES -- --- - - - No. 3011 1,907,432 Budget Ordinance No. 3069 (131,593) Budget Ordinance 3,221,605 Carryover Budget - Error in Original Ordinance #3011 (1) (1,654)10,237 Error in Original Ordinance 93069 (1) Budget Adjustments Previously Approved in Prior Year or Other Funds: Police Computer Upgrade Project 12/17/91 164,201 Reclass Study Implementation 12/17/91 8,906 (2) (125,000) City Automation Accounting change of POB Allocation (3) 960,832 Internal Transfer-Police Computer Upgrade Project 77,931 1,095,453 Total Budget Adjustments TOTAL GROSS EXPENDITURES 6,092,897 SOURCES OF FUNDING ------------------ 1,973,894 Budget Ordinance (131,593) Budget Ordinance 3,221,605 Budget Carryover 180,841 Beginning Fund Balance (247,303) 4,997,444 Ending Fund Balance (1,654) Error in Original Ordinance #3011 Budget Adjustment Source: 961,848 Operations Revenue (125,000) Transfers from Capital Improvement Fund 72,328 Ending Working Capital (Decrease from 247,303 to 174,975) Internal Transfer-Police Computer Upgrade Project 187,931 1,095,453 Total 6,092,897 TOTAL GROSS SOURCES 22-Jan-93 (1)Amount approved during budget process, omitted from ordinance in error. (2)Project budget approved during 1991 budget process, funding postponed. (3)To change method of accounting for POB to a central services fund. 22-Jan-93 CITY OF KENT INSURANCE FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES ------------ Budget Ordinance No. 3011 4,190,697 Budget Adjustments Not Previously Approved for Budgeted Amount: Unemployment Additional Claims 48,092 Workers Compensation Additional Claims 16,645 Medicat/Dental Additional Claims 152,755 Total Budget Adjustments 217,492 TOTAL EXPENDITURES 4,408,189 SOURCES OF FUNDING ------------------ Budget Ordinance 4,025,941 -• Beginning Fund Balance 1,677,581 Ending Fund Balance (1,512,825) 4,190,697 Budget Adjustment Source: Unanticipated Revenue(Charges to Other Funds) 50,645 Ending Working Capital (Decrease from 1,512,825 to 1,345,978) 166,847 TotaL 217,492 TOTAL SOURCES 4,408,189 22-Jan•93 CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES ------------ Budget Ordinance No. 3011 25,345 Budget Adjustments Previously Approved in Prior Year or Other Funds: Downtown Infrastructure Project (1) 60,000 Not Previously Approved for Budgeted Amount: Team Downtown Study (2) 5,000 TRADEC International Trade Program (3) 39,665 ------------- Total Budget Adjustments 104,665 TOTAL EXPENDITURES 130,010 SOURCES OF FUNDING ---'-'-'---'---`- Budget Ordinance 29,912 Beginning Fund Balance 47,682 Ending Fund Balance (52,249) 25,345 Budget Adjustment Source: Interest on Investment (347) Prior Year Correction 21,057 Ending Fund Balance 83,955 Total 104,665 TOTAL SOURCES 130,010 (1)Budget approved during 1991, funds carried forward to 1992. (2)Approved by EDC at 2/04/92 Board Meeting (3)Approved by EDC at 9/22/92 Board Meeting 22-Jan-93 CITY OF KENT UTILITY CLEARING FUND 1992 BUDGET ADJUSTMENTS SOURCE OF AUTHORIZATION EXPENDITURES FUNDING ------------- ------------ ------- EXPENDITURES ------------ Budget Ordinance No. 3069 40,057 Error in Original Ordinance #3069 (40,057) ------------- Total Budget Adjustments (40,057) TOTAL EXPENDITURES 0 SOURCES OF FUNDING ------`----------- Budget Ordinance 40,057 Error in Original Ordinance #3069 (40,057) ------------- Total (40,057) TOTAL SOURCES 0 Kent City Council Meeting Date February 2 . 1993 Category Consent Calendar 1. SUBJECT: ACCOUNTS RECEIVABLE WRITEOFF 2 , STATEMENT As discu sed with the O erationg--' ommittee on January 26, 1993 orization to writeoff $64,777 . 35 in accounts receivablek The amount represents approximately .5 percent of the monthly receivable balance of approximately 13 . 7 million. The amount to be written off has been through the City's collection processo The majority of the amount to be written off of $52, 391 is accounts that are in bankruptcy. The balance of the write offs include $2, 908 in employee medical that the collection agency has deemed uncollectible, $4 , 840 in parking citations from 1980, and $4 , 337 in miscellaneous accounts. The miscellaneous accounts receivables have been through our collection process with a collection agency, and represent the portion that the agency keeps for their fees. A taehed-Zs A Listing of Accounts and the Accounts Receivable policy t*ert- specifies the procedure used in collection of accounts receivable through the collection agency. 3 . EXHIBITS: Accounts receivable collection procedure, accounts receivable to be written off 4 . RECOMMENDED BY: Executive Committee and Operations Committee - (2-0 White not present but approved Consent Calendar) (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. 3D DP'T'E: January 13 , 1993 TO: Operations Committee r FROM: Charlie Lindsey, Support services Manage SUBJECT: 1992 ACCOUNTS RECEIVEABLE WRITEOFF PROPOSAL Our Accounts Receivable Subsidiary Aging Schedule for November 30, 1992 shows $13, 672, 194 . 05 of receivables with $244,157 .82 in the 90 day and older category. Those on the attached list which is summarized below are 1992 and older accounts for which no further collection effort is cost effective. The writeoff amounts to less than . 5% of total receivables and the majority of that is due to bank- ruptcies. WRITEOFF AUTHORIZATION BY YEAR: Amount Reason 1) 1990 $ 16,331. 11 2) 1991 46, 694. 82 3) 1992 1,751.42 Total $ 64,777. 35 WRITEOFF AUTHORIZATION BY TYPE: A. Bankruptcies $ 52 , 391.78 1 B Employee Medical 2,908.46 2 C. Other 4, 637. 11 3 F. Parking Cites 4 , 840. 00 4 Total $ 64,777. 35 1. The majority, $51, 959. 83 , is a single utility account. Of that amount $23, 092 . 59 was water quality surcharges that are passed through from Metro. We are attempting to recoup all or part of it. The remaining portion $28,867.24 will be resolved by the bankruptcy court and we likely will only receive a portion of it. The remainder are accounts for individuals that have declared bankruptcy. 2 . These are accounts set up for employees to recoup medical benefits paid on their behalf and they have left employment and these accounts have been deemed uncollectable by our collection agency. 3 . These are accounts that have been referred for phase 2 of collection. Some accounts have been collected in their entirety and the remainder are the portion of the accounts the agency keeps for their fee. 4. This is for uncollected parking citations from 1990. Our policy is to- remove these from the books when they are two years old. We will be turning these over to a collection agency next month but will likely not see a a significant number of them paid. Attachments: Receivables Procedures, 11/30 Ageing Schedules, Proposed Writeoffs Memo from Human Resources RECEIVABLE PROCEDURES 1. Initial billing for all receivables is the original invoice or in the case of the parking citations, the parking ticket. 2 . MISCELLANEOUS RECEIVABLES: a. All outstanding accounts are sent to phase 1 of collection after 30 days. For $8. 45 each this involves a series of letters giving consistent pursual through the 85th day and at that time we either discontinue service or turn to phase 2 of the collection process. b. Accounts are turned over to phase 2 of collection unless we are instructed otherwise by the billing department or the attorney's office. At this point the collection agency assumes ownership of accounts, we no longer have control over the process, and receive 50% of the balance owed when it is collected. C. Account writeoff. 3 . WATER UTILITY: a. Accounts receive a door hanger. b. Water is shutoff unless bankrupt. If that occurs then the amount owed prior to date of bankruptcy is set aside until bankruptcy is resolved. C. Bankruptcies that are uncolletable are written off. 4 . LID a. Accounts that pass the annual delinquency date are assessed interest and penalties. b. Those accounts whose delinquency passes the 2nd January are pushed into the foreclosure process. C. Foreclosure. 5. PARKING CITES: a. In addition to the original citation, a billing is sent to the registered owner. b. Citation over 30 days old are passed to a collection agency which adds their fee to the amount of the ticket so that the city receives 100% of original fine. C. With two unpaid parking cites, information is turned over to the State of Washington Motor Vehicle Division, who puts a hold on renewal of vehicle licenses. d. Account writeoff. MEMORANDUM DATE: January 11, 1993 TO: Charlie Lindsey, Customer Service Manager FROM: Don Olson, Jr. , Human Resources Director SUBJECT: Insurance Write-offs --------------------------------------------------------- Please proceed to the City Council for authorization to write off the following accounts as uncollectible. Rice, Todd Invoice #10199 $369 . 36 - 1991 Ins. Medical benefits billed for March and April , 1991 were billed in error. Todd Rice was given a leave of absence for March and resigned from the City of Kent on April 1, 1991. Mr. Rice did not request the City to extend benefits for these two months . Schorran, Mersi Invoice #10200 $100 . 56 - 1991 Ins. Invoice #10202 $976 . 68 - 1991 Ins. Invoice 411490 $718.28 - 1991 Ins. The City continued to provide medical benefits for this individual while she was on an out-of-state medical leave of absence and has since resigned her employment. Ms. Schorran claims that she did not wish to continue medical coverage and therefore does not owe the money. The City ' s collection agency agrees and deems this account uncollectible. The Human Resources Department has since developed written procedures and forms that will prevent this from happening again. Brown, Henry Invoice #10194 $185 .75 - 1990 Ins. Invoice #10196 $185 .75 - 1990 Ins. Invoice #10197 $372 .08 - 1990 Ins. This individual was permanently disabled from the City of Kent due to an on-the-job injury and does not have the means to pay the City. Currently, employees who are injured on-the-job are provided medical coverage at the City' s expense. In the best interest of the City, it has been decided not to pursue payment. CITY OF KENT EXHIBIT C ACCOUNTS RECEIVABLE AGING SCHEDULE NOVEMBER 30, 1992 NO OF FUND 11/01-11/30 10/01-10/31 09/01-09/30 ACCTS NO 0-30 days 31-60 days 61-90 days 91+ days Total Due GENERAL FUND ---------------------------------------------------------------------------------- Miscellaneous 69 001 57,851.62 51,835.36 1,203.15 11,614.23 122,504.36 Traffic Violations 960 001 2,925.00 450.00 610.00 15,485.00 19,470.00 ------------------ 141,974.36 ------------------ HOUSING & COMM. DEV. 1 1XX 4,826.68 ,826-68 , . , OTHER OPERATING PROJECTS 7 NXX 12,305.08 506233 5163.64 4,774.38 27,305.43 4 68 826 STREET CAPITAL PROJECTS 1 RXX 200,000.00 0.,0000 200 PARK CAPITAL PROJECTS 2 PXX 4,341.73 ,00 .00 WATER Miscellaneous 30 410 3,010.93 277.66 1,156.85 7,778.73 12,224.17 ------------------ 12,224.17 SEWERAGE Miscellaneous 8 440 233.67 89.66 0.00 41,514.99 41,838.32 Capital Projects DXX 0.00 ------------------ 41,838.32 ----------- UTILITY CLEARING 1,147,528.04 6,792.59 8,459.49 8,741.03 1,171,521.15 GOLF COURSE 3 480 601.76 EQUIPMENT RENTAL 1 510 601.76 7ENTRAL SERVICES 1 312.79 312.79 ,._..:ASH BOND 1 681 681 150.00 13.53 13.53 150.00 SPECIAL ASSESSMENTS 285/299/302/303 1 265 376.28 0.00 376.28 291 8 261 14,762.70 0.00 14,376.28 2871296 3 267 13,248.93 0.00 14,762.70 283 93 25 258 321,412.72 11,006.25 332,418.97 289 9 260 10,713.88 305 1 269 3,290.36 10,713.88 304/311 8 272 91,,804.75139.68 1,645.18 4,935.54 300/307/309 25 273 1,201.59 92,341.27 ,508.54 313 24,293.86 104,098.61 308/314/317 17 274 103_ 20 268 60,734.31 194.25 103,702.79 297/310/318 64 275 676,137.75 3,045.84 63,780.15 316/19/20/21/24 81 270 556,411.71 61.54 676,199.29 322/323/325 92 279 511,316.12 17,945.07 574,356.78 327 44,730.92 556,047.04 47 281 1,466,509.49 13,843.78 1,796,710.13 328/334 32 281 1,466,509.49 2,270.55 1,468,780.04 330 53 282 3,240,384.94 33,697.84 3,274,082.78 331/335 32 283 1,213,121.64 336 40 285 1,767,407.31 1,213,121.64 1,767,407.31 LID TOTALS: ------------------ 12,067,084.13 ------------------ TOTAL RECEIVABLES: 1642 13,137,753.56 269,347.81 20,934.86 244,157.82 13,672,194.05 ------------------ MISCELLANEOUS 124 74,153.06 262,105.22 11,865.37 65,995.12 414,118.77 TRAFFIC VIOLATIONS 960 2,925.00 450.00 610.00 UTILITY 15,485.00 19,470.00 1,147,528.04 6,792.59 8,459.49 8,741.03 1,171,521.15 SPECIAL ASSESSMENTS 558 11,913,147.46 0.00 0.00 153,936.67 12,067,084.13 --------------------- ---------------------------------- (OTAL RECEIVABLES: 1642 13,137,753.56 269,347.81 20,934.86 244,157.82 13,672,194.05 ------------------------------------------------------------------ AGING SCHEDULE - 1992 WRITE OFFS 23-Nov-92 09:29:15 Org Invoice Fund Code Date Customer Amount Service Invoice Comments --------------------------------------------------------------------------------------------------------------------------- 440 5560 05-Ju1-90 Mr Fresh Foods 810.09 Water Quality Surcharge 9742 BANKRUPTCY 440 5560 10-Oct-90 Mr Fresh Foods 10,681.02 Water Quality Surcharge 10079 BANKRUPTCY -------------- 1990 TOTAL: 11,491.11 440 5560 04-Jan-91 Mr Fresh Foods 11,601.48 Water Quality Surcharge 10396 BANKRUPTCY 001 5530 15-Feb-91 Morris, Michelle L 306.95 Repair Gaurdrail 10424 BANKRUPTCY 001 5530 22-Feb-91 Davies, Brinley James 478.68 Traffic Control 10427 CMS 001 5530 01-May-91 Brown, Henry 185.75 Medical Insurance during LOA 10196 WRITE OFF 001 5530 01-May-91 Brown, Henry 185.75 Medical Insurance during LOA 10194 WRITE OFF 410 5550 01-May-91 Rice, Todd 369.36 Medical Insurance 10199 CMS 001 1326 01-May-91 Schorran, Mersi 100.56 Medical Insurance 10200 DISPUTE 001 5530 01-May-91 Brown, Henry 372.08 Medical Insurance during LOA 10197 WRITE OFF 410 5550 30-May-91 Mr Fresh Foods 5,986.83 Water/Sewer/Drainage 10876 BANKRUPTCY 440 5560 30-May-91 Mr Fresh Foods 7,265.56 Utility Transfer #615-10252. 10876 BANKRUPTCY 001 5530 26-Jun-91 Gellerson, Loen E 28.85 Accident Clean-up 10823 CMS 001 5530 07-Aug-91 Congdon, Debbie M 721.51 Accident 10967 CMS 001 1326 10-Sep-91 Schorran, Mersi 976.68 Medical Insurance 10202 DISPUTE 001 5523 20-Sep-91 Bocek Co., D 388.27 Overtime Charges 10915 CMS 001 5523 11-Oct-91 Bocek Co., D 56.82 Overtime Charges 10921 CMS 001 6200 28-Oct-91 Smith, Bryan R 125.00 Camp Waskowitz Fees 11092 BANKRUPTCY 410 5550 30-Oct-91 Friebel, Larry 118.37 Repair Hydrant 11148 CMS 001 5528 01-Nov-91 Schaefer, Edgar 1,230.22 Traffic Collision 11278 CMS 001 6734 31-Dec-91 Smith, Sandi 410.00 Childcare 11203 EMS 001 6734 31-Dec-91 Maeding, Bernd 171.25 Childcare 11202 CMS 410 5550 17-Dec-91 Mr Fresh Foods 7,364.70 Water 12638 BANKRUPTCY 440 5550 17-Dec-91 Mr Fresh Foods 8,250.15 Sewer/Drainage 12638 BANKRUPTCY -------------- 1991 TOTAL: 46,694.82 001 6734 21-Jan-92 Thomas, Yolanda 82.00 Childcare - January 11204 COLLECTION EFFORTS EXHAUS 001 1326 12-Feb-92 Schorran, Mersi 718.28 Medical Insurance 11490 DISPUTE 001 1810 05-Mar-92 Good Balloon Company, The 25.00 Temporary Use Permit 11644 COLLECTION EFFORT EXHAUST 001 5530 10-Mar-92 Spray Wash Express 575.33 Replace Handrail 11556 CMS 410 5550 09-Apr-92 Doris, Jerry Ralph 350.81 Accident 11784 CMS -------------- 1992 TOTAL: 1,751.42 TOTAL 1992 WRITE OFF: 59,937.35 PCir�ci j �c�iol\S =====4 & •a0 1 1 ' I I I I I I ; I I l l l fl I I ! 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' > - -C : 1 > I \ > 00 i CO V.W Oo Co:N 17p coCn i Co Co [a co co co W Co 1 iW Ln c i W I Ln - W .A o o o W I N N N - - .9 : N N E co co w N' I I > co 1 I o 0 In o,N o o,o 0 0 0 0 0 o N tt�i Z . I I ' I i j : ! 00 0 0l'0 0 oI•o 0 00 0 0 0 0 0; I o'o 0 0l0 0 00 0 0 0 0 00 0 0 I i j i i I n . I i .o d .o atl .a d •� m- y y j o 0 0 0 0 0 0 0 0 0 0 0 0 o I m j N N N N N N N ❑ 0 0 0 o W N N N N N fJ I > o -I -J J P Z W o JI N 0 J m V' - I -1 '• I m C(� Kent City Council Meeting Date February 2 . 1993 Category Consent Calendar 1. SUBJECT: AWARD OF OFFICE SUPPLY CONTRACT As recommended b _the-Operations ' 2 . STA EM ITo ---- — committee pproval for the Mayor to sign a 36-month contract wi oise Cascade to provide the City of Kent' s office supplies.- This recommendation is being made after evaluation of several companies and as a recommendation of the Purchasing Committee. Projected funds are already included in the budget to cover the office supplies for each department. 3 . EXHIBITS: Memo from Support Services 4 . RECOMMENDED BY: Executive Committee and Operations Committee (2 0 White not present but approved placement on Consent Calendar) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E ✓ y MEMO DATE: January 13 , 1993 TO: Operations Committee FROM: Charlie Lindsey, Support Services Mana SUBJECT: Authorization to Award Office Supply Bid The Purchasing Committee recommended we bid our office supplies and a list of frequently used supplies was developed so that each vendor could bid on the same items and we could get a good cost comparison. Additionally an evaluation committee was formed that included myself, Tom Vetsch, of Finance, Lillian Hernandez, of Police, Margaret Porter of Planning, and Linda Mock, of Fire. The three low respondents were asked to make a presentation of the services they were offering. Following is a list of respondents and their bids'. ' Please remember the amounts are only for a representive sample of supplies to be purchased. Our 1993 budget for office supplies citywide is $77,730. Sound Office Supply $ 4, 289. 11 Kent Easthill Office Supply 3, 854. 61 Keeney's Office Supply 2, 868 . 27 Corporate Express 2, 679. 66 Eastman Office Supply 2 , 171. 61 Boise Cascade Office Supply 2 , 068 . 48 The committee unanimously recommends awarding the bid to Boise Cascade Office Supply and authorizing the Mayor to sign a 36 month contract with them. i Kent City Council Meeting Date February 2 . 1993 Category Consent Calendar 1. SUBJECT: KENT LIBRARY PROJECT 2 . SUMMARY STATEMENT: Final acceptance of the Kent Library Project allowing for final payment on the contract with Eberharter & Gaunt, Inc. -Upon acceptance by the Kent City Council and the King County Library System Board, the statutory waiting period for the contract retainage will commence. Subtracted from the final payment is an amount for liquidated damages for delays by the contractor as provided for in the contract. Final acceptance herein is subject to the claims pending in the current litigation, King County Superior Court Cause No. 92-2-27774-3 . 3 . EXHIBITS: King County Library System letter to contractor and application for payment 4 . RECOMMENDED BY: Operations Committee 2-0 White not present but approved consent -Calendar2 . (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F ✓ King County Library System allll Hilt Avenuc Aurlh • Seattle. Wa•hin"It)n 98109-5191 • (206) ,162-9600 January 20, 1993 COPY RECEIVED Mr, Richard Eberharter JAN 2 6 1992 Eberharter&Gaunt, Inc. Kent City Attorney 1115 N. W. 52nd Street Seattle,Washington 98107 Re: Kent Library Project No. 373 Dear Mr. Eberharter: Enclosed is Application and Certificate for Payment No.20, which I have certified in the amount of$27,761.65. This amount reflects a reduction for liquidated damages in the amount of$18,300.00 pursuant to your acknowledged responsibility for 61 days of delay and the Construction Contract, Supplementary Conditions Section 800 Article 9.11. The amount certified for payment at this time was calculated as follows: $46,061.65 Current net pay request#20 $18,300.00 Liquidated Damages $27,761.65 Net Payment The City of Kent will submit a request for final acceptance to the Kent City Council on Tuesday, February 5, 1993 and the King County Library System Board will consider the request for final acceptance at its meeting on January 28, 1993. The final acceptance will be subject to the claims pending in the current litigation, King County Superior Court Cause No. 92-2-27774-3. Following final acceptance by these two bodies,the 30 day statutory retainage waiting period will commence. Depending upon liens filed against the retainage and the response received from the Washington State Department of Revenue and Washington State Department of Labor&Industries, we will be able to release available retainage 30 days after the formal date of final acceptance. If you have any questions concerning any of the above matter, please do not hesitate to call me. Very Ctruly yours, Bill Ptacek Director,King County Library System cc: City of Kent Attachment Libraries Located In: Algona, Bellevue, Black Diamond, Bothell, Boulevard Park, Burien, Cannation, Des Moines, Duvall, Fairwood, Fall City, Federal Way, Foster, Issaquah, Kenmore, Kent, Kingsgatc, Kirkland, Lake Forest Park, Lake Hills, Maple Valley, Mercer Island, Muckleshoot, Newport Way,North Bend,Pacific,Redmond,Richmond Beach,Shoreline,Sky komish,Skyway,Snoqualmie,Tukwila,Valley View,Vashon,White Center APPLICATION AND Distribution to: PURCHASE ORDER NO. CERTIFICATE FOR PAYMENT OWNER-2Copies ARCHITECT-iCopy paycert.xls 6 0 CONTRACTOR-1 Cop OWNER: KING COUNTY LIBRARY SYSTEM PROJECT TITLE KENT REGIONAL LIBRARY 300 EIGHTH AVENUE NORTH SEATTLE,WA 98109 PROJECT NUMBER:- 572.62.13.02 CONTRACT DATE:- ARCHITECT HENRY KLEIN PARTNERSHIP OR PROJECT 205 MATHESON BUILDING APPLICATION NO.: 20 SUPERVISOR MT.VERNON,WA 98273 PERIOD FROM: 11/1/9 2 TO; 11/30/92 CONTRACTOR EBERHARTER&GAUNT,INC. 1115 NW 51at STREET SEATTLE,WA 98107 CONTRACTOR'S APPLICATION FOR PAYMENT State Sales Totals Tax(8.1%) _ Original Contract Sum $ Total Additions and Deductions S Total Amount of Contract To Date S S S9qp Work Still to Finish(this date) I s _ s — — Due Contractors to Date S $ 2 9 8 3 5 7 . 12 Less 5%Re nace Before Taxes $ Total Due Contractor to Date $ 3 . 145 , 896 . 42 Lou: Certificates Previously Issued $ 3 , 099 , 834 . 77 This Certificate $ 46 , 061 . 65 Retain age to Date i 152 , 4 60 . 70.Minus Previous Payments$ 15 0 , 2 2 9 . 0 3. This Certt icats $ 2 2 31 . 6 7t/ CHANGE ORDER ADDITIONS/ The undersigned Contractor certifies that to the best of his knowledge, SUMMARY DEDUCTIONS Information and belief,the Work covered by this Application for Change Orders Approved Payment has been completed in accordance with Contract in Previous Months $ 412 , 580 . 74 Documents,that all amounts have been paid by him for labor,materials 44 , 633 . 3 8 and penults for which previous Certificates for Payment were issued Approved This Month $ and payments received from the Owner,and that current payment Vn TOTAL TO DATE $ 457 ,214 . 12 gyCt'ZvQ/Q2" STY E Oi ON;COUNTY OF Kin ! SUBMIT APPLICATION TO ARCHITECT OR PROJECT Subscribed and Sworn to before me this 9 day of De9199 2. SUPERVISOR BY THE 23RD DAY OF EACH MONTH. Notary Public: , 4,--p� Ij���r My Commission Expires: 7/1/9 3 7,7G/,4S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED Sa�3/.G7 (Attach explanation if amount certified differs from application sum.) In accordance with the Contract Documents,based upon on-sift observations and the data comprising the above application,the ADMINI T ROVAL- Project Coordinator certifies to the Owner that the Work has ,j� progressed to the point Indicated;that to the best of his knowledge. By: ]j;L +i Date: Information and belief,the quality of the Work is In accordance Deputy U an fver aal' as elopment with the Contract Documents,and that the Contractor is entitled to psyme t of�ha RTIFIED. This Csrtifl t not negotiable. The AMOUNT CERTIFIED Is payable By. �i� Date: /X0A10 Z only to the tractor named herein. Issuance,payment and - Project/Archits Supervisor acceptance of payment are without prejudice to any rights of the By: Date: Owner or Contractor under this Contract. KCLS Architectural Projects Coordinator � Kent City Council Meeting Date February 2 , 1993 Category Consent Calendar 1. SUBJECT: PIONEER STREET VACATION NO. STV-92-3 2 . SUMMARY STATEMENT: Adoption of Ordinance �00 vacating a portion of Pioneer Street as requested by the Kent School District and approved by Council subject to certain conditions which have now been fulfilled. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Works Comm 3-0 and City Council (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. 3G v ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to the vacation of streets, vacating that portion of Pioneer Street, a dedicated and open street, from the easterly right-of-way line of State Avenue to the westerly right-of-way line of Kennebeck Avenue in the City of Kent. WHEREAS, application was filed with the City of Kent by the Kent School District ( "District") , as an adjacent landowner, for the vacation of a portion of a dedicated and opened segment of Pioneer Street from the easterly right-of-way line of State Avenue to the westerly right-of-way line of Kennebeck Avenue in the City of Kent and of a portion of Kennebeck Avenue that abuts Pioneer Street at the Northeasterly margin of the Kent School District ' s property; and WHEREAS, the Kent City Council , by Resolution 1324 fixed a time when said petition would be heard and the hearing was held with proper notice on October 20, 1992 , at the hour of 7 p.m. in the City Council Chambers of the Kent City Hall ; and WHEREAS, the Kent Planning Director processed said petition and secured technical facts pertinent to the question of said vacation, which included a sketch of the proposed vacation, and also, a recommendation as to approval or rejection thereof by the Public Works Department; and 1 WHEREAS, the Public Works Department and Planning Director recommended that the City Council deny the District' s application; and WHEREAS, the Public Works Department and Planning Director recommended that the City Council approve the vacation of a portion of the District' s proposal based on the following conditions: 1. That the Council approve the vacation of just Pioneer Street from the easterly right-of-way line of State Avenue to the westerly right-of-way line of Kennebeck Street; 2 . That the legal description for Pioneer Street be amended to include the strip of Pioneer Street right- of-way inadvertently left out; 3 . That the City be compensated for the vacated areas at one-half the full appraised value thereof as a designated Class B Right-of-Way under City ordinance No. 2333 ; 4 . That the City either retain or require the petitioner to grant to the City an easement over, under and upon said vacated right-of-way for utility purposes; 5. That the City require the District to determine what private utility companies may have facilities within said right-of-way and grant them an easement for same and provide a letter of concurrence from the affected utilities denoting compliance with same; 6. That compliance with the above conditions must be complete in order for this vacation to become effective; and WHEREAS, the District has now fulfilled all of the conditions imposed by Council ; and 2 WHEREAS, the City Council finds that the street sought to be vacated is: (1) an opened, dedicated street and presently being used as a street; (2) not abutting on a body of water and therefore not suitable for acquisition for port purposes, boat moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use; (3) a Class "B" right of way under Ordinance 2333 ; and (4) a vacation which is in the public interest; and WHEREAS, the City Council by resolution directed the preparation of an ordinance vacating the portion of said street; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . That portion of Pioneer Street described in Exhibit A, attached hereto and incorporated herein by this reference, is hereby vacated, EXCEPT that the City hereby reserves an easement over, under and upon said vacated right-of- way for utility purposes. Section 2 . No vested rights shall be affected by the provisions of this ordinance. Section 3 . This ordinance shall be in effect and be in force thirty (30) days from the time of its final passage as provided by law. DAN KELLEHER, MAYOR 3 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1992 . APPROVED the day of 1992 . PUBLISHED the day of 1992 . I hereby certify that this is a true and correct copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 4 Kent City Council Meeting (Yo Date February 2 , 1993 Category Consent Calendar 1. SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENTS 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointments of Tim Clark, Rosemarie Clemente and Peg Mazen as members of the Kent Human Services Commission. Tim Clark has been appointed to represent the Regional Agency category. Mr. Clark is a Social Studies teacher at Kentridge High School and is a member of the Board of Directors of Children' s Alliance. He will replace Peg Mazen whose term expired and his appointment will continue to 1/1/96. Rosemarie Clemente has been appointed to represent the Service Clubs category. Ms. Clemente is a member of Kiwanis Club and will replace Dee Moschel whose term expired and her appointment will continue to 1/l/96. Peg Mazen has been appointed to serve as a non-voting Agency Representative. Ms. Mazen works with the Children's Home Society. Her appointment will continue to 1/1/94 . 3 . EXHIBITS: Memos 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. 3H MEMORAND. VM TO: JUDY WOODS, CITY COUNCI PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR -- DATE: JANUARY 25, 1993 SUBJECT: APPOINTMENT OF TIM CLARK TO KENT HUMAN SERVICES COMMISSION I have recently appointed Tim Clark, who is a member of the Board of Directors of Children's Alliance, to serve as Regional Agency Representative member of the Kent Human Services Commission. Mr. Clark is a long time Kent resident and teaches social studies at Kentridge High School. He is a member of the Washington Education Association and is involved as a volunteer in other organizations. Mr. Clark replaces Peg Mazen whose term expired. His appointment will become effective immediately and continue to 1/1/96. 1 submit this for your confirmation. DK:jb MEMORANDUM TO: JUDY WOODS, CITY COUNCI PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR ����� -- DATE: JANUARY 25, 1993 SUBJECT: APPOINTMENT OF ROSEMARIE CLEMENTE TO KENT HUMAN SERVICES COMMISSION I have recently appointed Rosemarie Clemente as a member of the Kent Human Services Commission representing the Service Clubs category. Ms. Clemente is a member of Kiwanis Club and will replace Dee Moschel whose term expired. Ms. Clemente's term will begin immediately and continue to 1/1/96. I submit this for your confirmation. DK.jb MEMORANDUM TO: JUDY WOODS, CITY COUNCIL RESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR , DATE: JANUARY 2S, 1993 SUBJECT: APPOINTMENT OF PEG MAZEN TO KENT HUMAN SERVICES COMMISSION I have recently appointed Peg Mazen to serve as a non-voting Agency Representative member of the Kent Human Services Commission. Her appointment as non-voting Agency Representative (she works with the Children's Home Society) will become effective immediately and continue to 1/1/94. Ms. Mazen will replace Rosemarie Clemente. I submit this for your confirmation. DK:jb Kent City Council Meeting Date February 2 , 1993 Category Consent Calendar 1. SUBJECT: BICYCLE SAFETY ADVISORY COMMITTEE APPOINTMENTS 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointments of Mark Davis, David Hoffman and Steve Knight as members of the Kent Bicycle Advisory Board. They will replace Neil McQuage, Larry Stougard and Laurie Sundstedt whose terms expired. Their appointments will continue to 12/31/94 . Confirmation of the Mayor's reappointment of Steve Babbitt as a member of the Kent Bicycle Advisory Board. Mr. Babbitt's reappointment will continue to 12/31/94 . Confirmation of the Mayor's appointment of Gary Westerland as a member of the Kent Bicycle Advisory Board to replace Eric Leiper who resigned. Mr. Westerland' s appointment will continue to 12/31/93 . 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 V Item No. 3I MEMORANDUM TO: JUDY WOODS, CITY COUNCIL RESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR DATE: JANUARY 26, 1993 SUBJECT: APPOINTMENTS TO KENT BICYCLE ADVISORY BOARD I have recently appointed Mark Davis, David Hoffman and Steve Knight as members of the Kent Bicycle Advisory Board. They will replace Neil McQuage, Larry Stougard and Laurie Sundstedt whose terms expired. Their new terms as Advisory Board Members will continue until 12/31/94. I have reappointed Steve Babbitt to the Kent Bicycle Advisory Board. His new appointment will continue to 12/31/94. I have appointed Gary Westerland as a member of the Kent Bicycle Advisory Board to replace Eric Leiper who resigned. Mr. Westerland's term will be effective until 12/31/93. I submit this for your confirmation. DK.jb Kent City Council Meeting Date February 2 . 1993 Category Consent Calendar 1. SUBJECT: INTERURBAN TRAIL - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: Acceptance of Tucci & Sons, Inc. contract for the Interurban Trail project as complete, and release of retainage upon receipt of State releases. 3 . EXHIBITS: Letter from Tucci & Sons, Inc. 4. RECOMMENDED BY: Parks Committee on 1/19/93 (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALf 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. 3J V1 JRN—©?-1993 09: 19 FROM THE ORE ORCaHhJ I ZH — December 30, 1992 Jack Herklotz ORB Organi�zatlon 607 SW Grady Way, Suite 210 Renton, Washington 98055-2977 .,. _-.... Re: City of Kent Interurban Trail Project- 1991 - Dear Jack: This lettershall ve as has been l noticecompleted as t all contract work on o December 28th, 1992e W above referenced prof have also completed all punch list items as well. Final billing will be forthcoming. if you have any questions, you may contact our office. very truly yours, TUCCI & SONS, INC. Ric d A. Sanderson Project Superintendent RAS:sb 4224 WALLER ROAD TACOMA,WA 96"$-162$ 206-922.6670 206-922-2676(FAX) T f'1Tul P n:) Kent City Council Meeting Date February 2 . 1993 Category Consent Calendar 1. SUBJECT. • ENVIRONMENTAL FUND POSITION CLARIFICATION 2 . RUMMARY TATEMEMT•, As_recommended bythe__Bi dget_ Committee-% on January_ 251 to tly vacated public Works General position in lieu of the Golf Manager's position vacated by the in-house recruitment for the ') Environmental Fund position. f At its July 21, 1992 regular meeting, the Council moved to eliminate the position vacated during an in-house recruitment for the Environmental Fund position. Its intent was to eliminate a general fund position from the budget. The 1993 Budget as passed assumed a general fund position would be deleted. The Environmental Fund position was filled by the person in the Golf Manager's position which is not a general fund position. This action will clear up this contradiction and comply with Council 's intent. 3 . EXHIBITS: Vacant Position Listing as of 1/20/93 and copy of Council motion of July 21, 1992 4. RECOMMENDED BY: Budget Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO�_ YES- FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3K ✓ e VACANT POSITIONS 1993 SALARY & BENEFIT DEPARTMENT POSITION TITLE POSITIONS BUDGET COMMENTS GENERAL FUND ADMINISTRATION OFFICE TECHNICIAN II (RYAN) 12101 1.00 36,930 FINANCE FINANCE DIRECTOR (MCCARTHY) 11/01 1.00 101,154 M. Miller Acting PLANNING PLANNER (WATANABE) 11/06 1.00 54,413 PLANNING OFFICE TECHNICIAN Il (HERBST) 1/06 0.50 23,743 POLICE PROGRAM ASSISTANT-KODTF (TOROK) 11/18 0.50 30,796 POLICE POLICE RECORDS SPECIALIST (CUNNINGHAM) 12/01 1.00 32,118 POLICE POLICE SERGEANT (HAMMER) 1/20 1.00 60,097 FIRE FIRE LIEUTENANT (DALE) 10/24 1.00 63,003 Testing Inhouse FIRE FIRE LIEUTENANT (HERTLEIN) 10/14 1.00 59,194 Testing Inhouse PUBLIC WORKS MAINTENANCE WORKER III (HANSCOM) 12/11 1.00 45,749 PUBLIC WORKS ADMIN SECRETARY 1 (PARKER) 01/01 1.00 39,612 PARKS PARKS MAINTENANCE TECHNICIAN (RICHTER) 1/29 1.00 52,122 TOTAL GENERAL FUND VACANCIES AS OF 01/20/93 11.0 598,931 STREET UTILITY PUBLIC WORKS ENGINEER 11 1.00 54,475 Advertised PUBLIC WORKS ENGINEER TECHNICIAN III 2.00 92,748 Advertised PUBLIC WORKS ENGINEER TECHNICIAN 11 1.00 42,598 Advertised CRIMINAL JUSTICE FUND POLICE EVIDENCE CUSTODIAN 1.00 35,903 Interviewing/Testing WATER FUND PUBLIC WORKS UTILITY SPECIALIST I (BOWERS) 11/05 1.00. 34,947 PUBLIC WORKS UTILITY SPECIALIST I (CIHAK) 6/16 1.00 34,947 Authorized Inhouse PUBLIC WORKS FIELD SUPERVISOR (HAGER) 8/31 1.00 43,895 PUBLIC WORKS MAINTENANCE WORKER 3 (GILBERT) 1/11 1.00 43,496 SEWER FUND PUBLIC WORKS UTIL SPECIALIST I (BOWERS to WTR) 6/91 1.00 34,947 Authorized Inhouse PUBLIC WORKS MTC WKR III (REED TO WTR) 4/30 1.00 37,740 Inhouse a MWII PUBLIC WORKS UTILITY SPECIALIST 1 (CORNER) 7/31 1.00 34,947 Authorized Inhouse GOLF FUND PARKS GOLF ASST SUPT PRO (SZYDEL) 5/20191 1.00 50,536 PARKS GOLF COMPLEX MANAGER (BARTELT TO ENV FD) 12/10 1.00 67,606 Delete per Council PARKS GOLF COMPLEX ASST SUPER (ANDERSON) 7/31 1.00 58,542 PARKS MAINTENANCE WORKER II (DANIEL) 7/31 1.00 38,121 INTERNAL SERVICE FUNDS PUBLIC WORKS MECHANIC 11 (GERDELMAN) 6/05 1.00 . 40,363 INFORMATION SERVICES OFFICE SYSTEM SUPERVISOR (KNOX) 8/10 1.00 46,874 TOTA,.,ON GENERAL FUND VACANCIES AS OF 1/20/93 18.0 792,685 TOTAL FUND VACANCIES AS OF 1/20/93 29.00 1,391,616 July 21, 1992 SOLID WASTE/ and that under the Comprehensive Plan before King RECYCLING County, the City must have a water conservation program. He said that this is an opportunity to implement two mandatory requirements without affecting the general fund. Dowell noted that councilmember Orr previously voiced concern about taking money from the water fund and placing it in the general fund, and that he too is concerned about it. He said it seems that money from rate- payers for water would be transferred to the general fund, and that in the future the City could be faced with finding a way to pay for water improvements. He recommended borrowing money from the water fund rather than giving it, so that rate-payers know that the money is still available for future water improvements. Wickstrom pointed out that water conservation is a water expense, not a general fund expense, and that what is saved on water conservation defers improvements for new sources which are harder and harder to develop. Houser pointed out that taking a position from the general fund would add money..back into it. She pointed out that the City has no choice in this, that these programs are mandated, and that the City will come out ahead by using the matching funds. She MOVED that the Mayor be authorized to sign the CPG grant for $85, 564 , to recruit in- house to fill the conservation specialist posi- tion, and to transfer $32 , 000 from the unencum- bered water fund to provide the 40% match for the position. Woods seconded. White asked the Finance Director what procedure would be used and what the costs would be if funds were borrowed. McCarthy responded that the water fund would have to be taxed or charged for service and that the water fund would have to earn .a cur- rent market rate of interest, which depends upon how long the funds are borrowed for. He noted for Orr that the water fund monies are currently invested for both long and short terms. Orr noted that it may be better to use the money to -fund the position, since very little interest would be accrued over two years. McCarthy noted that since it is for water conservation, it is a legitimate expense of the water fund, and that the money should not be loaned. Dowell said he is concerned SOLID WASTE/ about the process and reiterated that the coordi- RECYCLING nator position could be filled by borrowing the money. White offered a friendly amendment to the motion that the position which is vacated when a person is recruited in-house be eliminated. Houser and Woods agreed to the amendment. The motion, as amended, then carried. Kent City Council Meeting Date February 2 , 1993 Category Consent Calendar 1. SUBJECT: LID - WESTVIEW TERRACE/MCCANN'S WESTVIEW SANITARY SEWER 2 . SUMMARY STATEMENT: Adoption of Ordinance 3c� confirming the Final Assessment Roll for LID 338. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Council Meeting 1/19/93 (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 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 338, which has been created and established for the purpose of installing sanitary sewers to forty-eight (48) unsewered properties in the Westview Terrace/McCann ' s Subdivisions, all as provided in Ordinance 2979 ; and levying and assessing the amount thereof against several lots, tracts, parcels of land, and all other properties shown on the roll. WHEREAS, the assessment roll levying the special _ assessments against the properties located in Local Improvement District No. 338 has 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 19th 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 338 are specially li 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. Confirmation. The assessments and the assessment roll of Local Improvement District No. 338 which has been created and established for the purpose of installing sanitary sewer to forty-eight (48) previously unsewered properties in a portion of the Westview Terrace/McCann' s Subdivisions, as shown on Exhibit A attached hereto, be and the same is hereby in all things and respects approved and confirmed in the total amount of $341, 959 . 68 . A copy of the assessment roll is attached as Exhibit B and incorporated herein by this reference. City fundir contribution to this project amounts to $39, 494 . 82 . The total cost of the entire project is $381, 454 . 50. 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 . Notice. Payment and Bonding. 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 2 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 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 ten (10) 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 338 . 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 i Section 5. 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 6. Effective Date. This ordinance shall take effect and be in force five 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 i Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK L1D338.ord 5 EXHIBIT k . ' el,. .^,..•\ `.,�\� i' (._ i-I..r-' P SCALh;. -- o �� I L^ (32) 49 PROPOSED 8" SANITARY SEWER (LID)—� I-=n�^ 1 _ !•sr-_ `• ��((o�� �_..__.� F I`_ ` <.` ''. (WITH V SIDE SEWER STUBS TO EACH PROPE TY) 1!6) rIV ! <�`'';/ r"�_r • i :rr:rH��..:`;`• s 31 I ..I142� 0i-.1�.il � r26) r� ASSESSMENT NUMBER (7)'L_) Ii ® _ ....I ..`.i�4�1 Ir i � '--®' — w 25' z w y) ri,? i�A•.:-' z4 � _®2J ® 02 III —®—ir�; 2� (2j c21 ®J r` _ l h- ...J a d ;'� • I I iI(23�.. 1 z I ;�1 I r `9� PROPOSED SANITARY - ._..... _ SEWER BY OTHERS �. f .� ` Fcl�) i16 -IB' ------ — __J 10 EXISTING SANITARY .., Y2 a SEWER L.I,D. BOUNDARY NOTES: CITY OF KENT 1. THE'PROPOSED SEWER IS ONLY SHOWN TO DEFINE L.I.D. 3 3 8 THE LIMITS AND EXTENT OF PROJECT.ACTUAL LOCATION OF SEWER WITHIN ROADWAY WILL BE. WES-T•VIEW TERRACE/MCGANN S WES•T'VIEW DETERMINED DURING FINAL DESIGN STAGE, 2.ASTERISK {:(;7 [NO]CATES..PROPERTY;OWNER SIGNED PETITION SANITARY SEWER ,,::'; ,:�.• �• 3.DOT(0) INDICATES PROPERTY OW14ER'RETURNED OUESTIONNAIRE REQUESTING THE CITY PROCEED 96TH AVE. S. i 98TH AVE. S. ; WITH THE L.I.D.FORMATION. S. 216TH ST. AND S. 214TH ST. EXHIBIT 11-16-92 L.I.D. 338 WESTVIEW TERRACE/McCANN'S WESTVIEW SANITARY SEWER 96TH AVE. S. TO 98TH AVE. S., S. 216TH ST. TO S. 213TH PL. FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 1. C. E. Saylor $7,124.16 21314 96th Ave. S. Kent, WA 98031 Lot 23 Westview Terrace #3, Vol. 74 Pgs. 19 & 20 932070-0230 2. W. L. Portmann $7,124.16 21322 96th Ave. S. Kent, WA 98031 Lot 24 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0240 3. W. R. Fitzsimonds $7,124.16 21328 96th Ave. S. Kent, WA 98031 Lot 25 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0250 4. Frank & Brenda Chambliss, Jr. $7,124.16 21334 96th Ave. S. Kent, WA 98031 Lot 26 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0260 5. Connie S. Mayer $7,124.16 21341 96th Ave. S. Kent, WA 98031 Lot 27 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0270 6. Norberto S. Caoili $7,124.16 10310 SE 227th St. Kent, WA 98031-4203 Lot 28 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0280 7. Mads & Rose Mauritsen $7,124.16 21409 96th Ave. S. Kent, WA 98031 Lot 29 Westview Terrace #3, Vol. 74 Pgs. 19 & 20 932070-0290 B. Dwight 0. Davis $7,124.16 21417 96th Ave. S. Kent, WA 98031 Lot 30 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0300 9. Robert L. Fredriks $7,124.16 21425 96th Ave. S. Kent, WA 98031 Lot 31 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0310 1 EXHIBIT (5 (6 tee') 11-16-92 L.I.D. 338 WESTVIEW TERRACE/McCANN'S WESTVIEW SANITARY SEWER 96TH AVE. S. TO 98TH AVE. S., S. 216TH ST. TO S. 213TH PL. FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT DESCRIPTION AMOUNT NO. 10. Leo C. Brutsche AND Keith Henderson $7,124.16 223 W. Smith 21433 96th Ave. S. P.O. Box 1203 Kent, WA 98031 Kent, WA 98032 Lot 32 Westview Terrace #3, Vol. 74 Pgs. 19 & 20 932070-0320 11. Marvin A. Gifford $7,124.16 9601 S. 216th St. Kent, WA 98031 Lot 33 Westview Terrace 43, Vol . 74 Pgs. 19 & 20 932070-0330 12. Marvin A. Gifford $7,124.16 9601 S. 216th St. Kent, WA 98031 Lot 34 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0340 13. John S. King, Jr. $7,124.16 9607 S. 216th Kent, WA 98031 Lot 35 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0350 14. L. L. Fowler $7,124.16 9615 S. 216th St. Kent, WA 98031 Lot 36 Westview Terrace #3, Vol. 74 Pgs. 19 & 20 932070-0360 15. G. C. Hughes $7,124.16 9623 S. 216th St. Kent, WA 98031 Lot 37 Westview Terrace #3, Vol. 74 Pgs. 19 & 20 932070-0370 16. Janette J. Winkel $7,124.16 9631 S. 216th Kent, WA 98031 Lot 38 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0380 17. David R. & Kathryn Scholl $7,124.16 9639 S. 216th St. Kent, WA 98031 Lot 39 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0390 18. P. J. Gunter $7,124.16 24917 SE 422nd St. Enumclaw, WA 98022-8634 Lot 40 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0400 2 L.I.D. 338 11-16-92 WESTVIEW TERRACE/McCANN'S WESTVIEW SANITARY SEWER 96TH AVE. S. TO 98TH AVE. S., S. 216TH ST. TO S. 213TH PL, FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 19. Lee Williams $7,124.16 9642 So. 216th Kent, WA 98031 Lot 41 Westview Terrace #3, Val . 74 Pgs. 19 & 20 932070-0410 20. Craig F. Christy $7,124.16 9632 S. 216th Kent, WA 98031 Lot 70 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0700 21. J. Lambert and Linda Williams $7,124.16 9624 S. 216th St. Kent, WA 98031 Lot 69 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0690 22. Tom & Sandra Oatman $7,124.16 9616 S. 216th Kent, WA 98031 Lot 68 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0680 23. Steven K. & Julie A. Julison $7,124.16 9608 South 216th St. Kent, WA 98031 Lot 67 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0670 24. E. W. & Fay A. White $7,124.16 21426 96th Ave. S. Kent, WA 98031 Lot 66 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0660 25. Rolston W. & Alice C. Topping $7,124.16 21416 96th Ave. S. Kent, WA 98031 Lot 65 Westview Terrace #3, Vol. 74 Pgs. 19 & 20 932070-0650 26. Alan R. Clifford $7,124.16 21404 96th Ave. S. Kent, WA 98031 Lot 64 Westview Terrace #3, Vol. 74 Pgs. 19 & 20 932070-0640 27. Arnold J. & Joyce E. Sluys $7,124.16 21842 148th S.E. - Kent, WA 98042 Lot 63 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0630 3 - 11-16-92 L.I.O. 338 WESTVIEW TERRACE/McCANN'S WESTVIEW SANITARY SEWER 96TH AVE. S. TO 98TH AVE. S., S. 216TH ST. TO S. 213TH PL. FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 28. Steven R. Reuhl $7,124.16 9625 S. 214th Kent, WA 98031 Lot 62 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0620 29 Gladys J. Pfaff $7,124.16 9634 S. 214th St. Kent, WA 98031 Lot 61 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0610 30. Sherrill N. Carlson $7,124.16 9628 S. 214th Kent, WA 98031 Portion of Lot G Westview Terrace #4, Vol . 80 pg. 68. Portion lying south of line beginning most easterly corner Lot 59 Westview Terrace #3, thence running south 89-04-36 east to east line Lot G 932080-0070 31. Grace E. Johnson $7,124.16 909 N. 74th #102 Seattle, WA 98103 Lot 59 Westview Terrace #3, Vol. 74 Pgs. 19 & 20 And also Portion of Lot G Westview Terrace #4, Vol . 80, pg. 68 Portion lying north of line beginning most easterly corner Lot 59 Westview Terrace #3, thence running south 89-04-36 east to east line Lot G 932080-0072 932070-0590 32. Larry Carl Smith $7,124.16 9612 S. 214th St. Kent, WA 98031 Lot 58 Westview Terrace #3, Vol. 74 Pgs. 19 & 20 932070-0580 33. Lloyd R. Tomlinson $7,124.16 14227 S.E. 187th St. Renton, WA 98058 Lot 57 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0570 34. C. A. & Janette Bale $7,124.16 21319 96th Ave. S. Kent, WA 98031 Lot F Westview Terrace #4, Vol . 80 Pg. 68 932080-0060 4 - 11-16-92 L.I.D. 338 WESTVIEW TERRACE/McCANN'S WESTVIEW SANITARY SEWER 96TH AVE. S. TO 98TH AVE.FINAL ASSESSMENT ROLL S. 216TH T. TO S. 213TH PL. ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 35. Charles H. Ruby $7,124.16 200 Judith St. Lufkin, TX 75901 Lot E Westview Terrace #4, Vol. 80 Pg. 68 932080-0050 36. T. R. Johnson $7,124.16 21311 98th Ave. S. Kent, WA 98031 Lot 46 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0460 37. Harvey A. Sterner $7,124.16 21321 98th Ave. S. Kent, WA 98031 Lot 45 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0450 38. Robert K. Akiyama $7,124.16 21405 98th Ave. S. Kent, WA 98031 Lot 44 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0440 39. George Hoffman $7,124.16 21415 98th Ave. S. Kent, WA 98031 Lot 43 Westview Terrace #3, Vol. 74 Pgs. 19 & 20 932070-0430 40. Gordon J. & Karen Campbell $7,124.16 21423 98th Ave. S. Kent, WA 98031 Lot 42 Westview Terrace #3, Vol . 74 Pgs. 19 & 20 932070-0420 41. James M. Humenik $7,124.16 21312 98th Ave. S.E. Kent, WA 98031 Lot 8 McCanns Westview Addition, Vol . 73 Pgs. 30 and 31 526700-0080 42. William H. Wright $7,124.16 21322 98th Ave. S. Kent, WA 98031 Lot 7 McCanns Westview Addition, Vol . 73 Pgs. 30 and 31 526700-0070 43. Ann & Jim Bakken $7,124.16 21402 98th Ave. S. Kent, WA 98031 Lot 6 McCanns Westview Addition, Vol . 73 Pgs. 30 and 31 526700-0060 - 5 - 11-16-92 L.I.O. 338 WESTVIEW TERRACE/McCANN'S WESTVIEW SANITARY SEWER 96TH AVE. S. TO 98TH AVE. S., S. 216TH ST. TO S. 213TH PL. FINAL ASSESSMENT ROLL ASSESSMENT ASSESSMENT NO. DESCRIPTION AMOUNT 44. Kenneth W. & Harriet Ragsdale $7,124.16 21412 98th S. Kent, WA 98031 Lot 5 McCanns Westview Addition, Vol. 73 Pgs. 30 and 31 526700-0050 45. Michael G. Tihista $7,124.16 21420 98th Ave. S. Kent, WA 98031 Lot 4 McCanns Westview Addition, Vol . 73 Pgs. 30 and 31 526700-0040 46. Ray E. & Lorna M. Phillips $7,124.16 1527 E. Colter St. #5 Phoenix, AZ 85014-3058 Lot 3 McCanns Westview Addition, Vol . 73 Pgs. 30 and 31 526700-0030 47. J. Scott & Randi K. Gobeille $7,124.16 21434 98th Ave. South Kent, WA 98031 Lot 2 McCanns Westview Addition, Vol . 73 Pgs. 30 and 31 526700-0020 48. Thomas J. Appelhans $7,124.16 21440 98th S. Kent, WA 98031 Lot 1 McCanns Westview Addition, Vol . 73 Pgs. 30 and 31 526700-0010 L.I.D. TOTAL $341,959.68 1204E-55E 6 {� C C A LE-N NA 11 L H1 3. Cou �L� MEMORANDUM TO: DAN KELLEHER, MAYOR (�� FROM: JUDY WOODS, CITY COUNCIL PRESIDENT DATE: FEBRUARY 1, 1992 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the February 2, 1992 City Council meeting. Due to a family illness, I will be out of town that evening. Thank you for your consideration. JW.jb MEMORANDUM TO: DAN KELLEHER, MAYOR JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: PAUL MANN, CITY COUNCIL MEMBER' DATE: FEBRUARY 2, 1993 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the February 2, 1993 City Council meeting. Thank you for your consideration. JJ:jb Kent City Council Meeting / Date February 2 . 1993 Category Other Business 1. SUBJECT: "INAUGURATION DAY" STORM CLEAN-UP FUNDING 2 . SUMMARY STATEMENT: The Budget Committee has recommended that approximately $12 , 000 from the Environmental Fund be used for clean-up activities for the residents of the City of Kent, due to the recent wind storm. @ a; G r"h r Ot y i 3 . EXHIBITS: Budget Committee Minutes 4 . RECOMMENDED BY: Budget Committee 3-0 vote (Committee, Staff, Examiner, C I ommission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL MPACT: NO YES x FISCAL/PERSONNEL NOTE: Reco ended hn _ Not Recommended i 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: F 7 . CITY COUNCIL ACTION: Councilmember _moves, Councilmember �r ' seconds to authorize tie use of approximately $12 , 000 from the Environmental Fund for clean-up activities due to the "Inauguration Day" storm. DISCUSSION• rvo_n � \ ACTION: cn - 1P G,\C, W C Council Agenda Item No. 4A I Brenda Jacober City Clerk CITY COUNCIL BUDGET COMMITTLL 1VJAIN U 1 F✓o January 25, 1993, 4:00 P.M. PRESENT: Jon Johnson - Chair, Leona Orr, Jim White, Cliff Craig, Bill Doolittle, Ramona Fultz, Tony McCarthy, May Miller, Jean Parietti, Donna Swaw, Don Wickstrom, Barney Wilson Committee Chair Johnson called the meeting to order at 4:10 p.m. Monthly Financial Report Acting Finance Director Miller distributed the preliminary summary financial report for the period ending December 31, 1992'. Miller reviewed the report with the Committee members. 1992 Budget Adiustment and Loan Ordinance Miller reviewed the requested ordinance with the Committee. Committeemember Orr moved to recommend approval of the ordinance. White seconded the motion which passed with a vote of 3-0. Environmental Fund Position Clarification Chief Administrative Officer McCarthy noted that when the environmental fund position was created the Council had asked that after an in-house recruitment, the vacated position be deleted. The position vacated was under the Golf Fund. McCarthy asked if it was the Council's intent that a general fund position be deleted which could be accomplished by deleting the Public Works vacancy for an administrative secretary I. After discussion of the vacancies, White asked that it be brought back to Council before any of the golf vacancies are filled. Orr moved to delete the Public Works position. White seconded the motion which passed 3-0. Added Items McCarthy informed the Committee that he is working on an early retirement proposal which he will be bringing back to the Committee in the near future. Inaugural Day Storm Cleanup Public Works Director asked the Committee if the City wished to sponsor residential pick-up of storm debris. Fire Chief Angelo added that there was some concern from Puget Sound Air Pollution Control that citizens may burn the debris and that any effort the City makes would be good public relations with the State and County. When asked about cost, Wickstrom noted it would cost about $10,000 which could come out of the environmental fund. Orr moved to approve the funding. She added that if authorization is needed before the next full Council meeting, Wickstrom could poll the other Councilmembers by phone. White seconded the motion. The motion carried with a vote of 3-0. The meeting was adjourned at 5:25 p.m. by Committee Chair Johnson. To request a copy please call Kelli O'Donnell 859-2116 / � /I Kent City Council Meeting / } } Date February 2 , 1993 NCategory Other Business 1. SUBJECT: LID 333 - TRAFFIC SIGNAL AT 72 AVE S. & S. 180 S. - ,8RD1*ANGE- 2 . SUMMARY STATEMENT: Ordinance 3082 confirming the final assessment roll for LID 333 was adopted at the last Council meeting. The proposed ordinance would repeal that ordinance and change the payment period from 15 years to 10 years. There will be no fiscal impact W11 - e� 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Assista t City Attorney Brubaker Council Preside t (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSO EL IMPACT: NO—�— YES FISCAL/PERSONNEL NOTE: ecommended Not Recommended 6. EXPENDITURE REQUIRED_: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: \� Councilmembermoves, Councilmember 1J seconds 3c,90 to adopt Ordinance,� r confirming the final assessment roll for LID 333 and repealing Ordinance 3082 . DISCUSSION• �� ACTION• Cif Council Agenda Item No. 4B ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing ordinance No. 3082 ; 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 levying and assessing the amount thereof against several lots, tracts, parcels of land, and all other properties shown on the roll. WHEREAS, the assessment roll levying the special assessments against the properties located in Local Improvement District No. 333 has 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; and WHEREAS, on January 19 , 1993 , the City Council passed Ordinance No. 3082 , which approved and confirmed the assessments and the assessment roll for LID 333 , but which mistakenly established a fifteen year bond period instead of a ten year bond period; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. City of Kent Ordinance No. 3082 , passed by the City Council on January 19 , 1993 , is hereby repealed. Section 2 . 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 cost 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 3 . 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 2 property appearing on the roll the amount finally charged against the same thereon. Section 4 . 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 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 ten (10) 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 3 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 5. 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 6. Effective Date. This ordinance shall take effect and be in force five 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 . 4 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 5 Kent City Council Meeting Date February 2 , 1993 7 �11 Category Other Business f 1. SUBJECT: HEATH TECHNA FRANCHISE . 2 . SUMMARY STATEMENT: /As7recn�mendpd,.by t4e7 Publi -C-Oikmfi thi"t- -tfcit,--h4-s- )Seen bet f i (ze5&i4w0f0W the Heath Techna Franchise Agreement relating to the use of communication line duct bank facilities under and across S. 200th St. �,'-t-o--B-e---f-oll-dt�iO-d -by a second reading on -February--1-6 -for Co-uncil action. �y t 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 FISCALIPERSONNEL IMPACT: NO__4_ 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 16 for final action. DISCUSSION: ACTION: Council Agenda Item No. 4C 7 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 DEPARTMENT OF PUBLIC WORKS DECEMBER 11, 1992 TO: PUBLIC WORKS CO ITTEE FROM: DON WICKSTROM �l 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. i 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. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 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 i 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 Technals Facilities 3 . 1 Whenever the City undertakes (or causes to be undertaken at City expense) public improvements (e.g. , improvements to City street Is 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 i 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, 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 relocation of such Facilities so as not to delay the City' s public improvement project. 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 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 z „ 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 monuments which have been disturbed or displaced by such work shall 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 i i -. 7 . 2 The City's inspection or acceptance of anyof Heath Techna ' s .work when completed shall not be grounds to avoid any 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 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. I i 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. . I 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 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..w__ 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 ................................4.......a...n....n...-..........a...._....... ............ ..�.rw....e_..... Section 11. Forfeiture and Other Remedies 11. 1 If Heath Techna willfully violates or fails to comply with any of the provisions of this Franchise, or through willful or unreasonable negligence fails to heed t?r 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 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 party. 15 . 2 The terms and conditions of this Franchise shall be binding upon the parties ' respective successors and assigns. F 10 I i Section 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: 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 at a regular meeting; after having been published at least once in a newspaper of general circulation in the City of Kent; a .�. 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: • e ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1992 . APPROVED the day of , 1992 . PUBLISHED the day of 1992 . I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK HTHTEKNA.NPF 12 EXHIBIT A [Attach Legal Description Here] 13 EXHIBIT B 14 � / \ ~ [»` / '1 LIP \ � / [/ , - [/v ) \ '' RESOLUTION NO. 3 3 A RESOLUTION of the City Council of the City of Kent, Washington, relating to municipal courts. WHEREAS, Senate Bill 5117 recently introduced in the Washington State legislature prohibits the establishment of municipal courts; and WHEREAS, in addition to prohibiting establishment of municipal courts, the bill would prohibit the appointment of municipal court judges, requiring them to be elected, and would further eliminate municipal courts ' authority to set fines and penalties for traffic infractions other than those established by the Washington State Supreme Court; and WHEREAS, municipal courts are able to work with local jurisdictions in scheduling court appearances by police officers and city attorneys, resulting in reduced overtime costs, and are geographically located to better serve the community; and WHEREAS, municipal courts better address the varying needs of cities, and at the same time often operate at a cost less than court filing fees required to be paid to the county's district courts; and WHEREAS, municipal courts are valuable tools for implementing community services and programs unique to the local character of each community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City Council opposes passage of Senate Bill 5117 recently introduced in the Washington State legislature and any related companion house bill which would in any way curtail or prohibit municipalities from establishing and operating municipal courts within their jurisdictions. Section 2 . That the Mayor is authorized to take any and all steps on behalf of the City of Kent deemed appropriate to oppose this legislation. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1993 . Concurred in by the Mayor of the City of Kent, this day of , 1993 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 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, the day of , 1993 . (SEAL) BRENDA JACOBER, CITY CLERK SB5117.res 3 CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE / C. PUBLIC WORKS COMMITTEE J D. PLANNING COMMITTEE V✓ E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. BUDGET COMMITTEE / J H. ADMINISTRATIVE REPORTS MCCARTHY,TONY / KENT70/AD - HPDesk print. --------------------------------- Subject: ADMINISTRATIVE REPORT FOR 2/2/93 Creator: Tony MCCARTHY / KENT70/AD Dated: 01/06/93 at 0949 . TO: MAYOR KELLEHER, COUNCIL PRESIDENT WOODS AND COUNCIL MEMBERS ON 1/20, KING COUNTY EXECUTIVE TIM HILL SPOKE AT A CHAMBER LUNCHEON ABOUT - REGIONAL JUSTICE CENTER - HE SUPPORTS, CALL COUNTY COUNCIL - REGIONAL HEHWILLYGETPPROVE COUNTYPLAN FUNDSUFORNLY KENTUND ON TING LINE NOW TRADE FAIR ON 1/26, I MEET WITH THE CITY MANAGEMENT COMMITTEE. THEIR DESIRE IS TO REPORT TO THE OPERATIONS COMMITTEE ON 2/16 WITH THEIR MISSION STATEMENT AND GOALS. A SPECIAL WORKSHOP HAS BBEN SCHEDULED FOR 2/16 @ 6PM ON THE REGIONAL TRANSIT PLAN AND HOW IT EFFECTS KENT. SOME SORT OF ENDORSEMENT WILL BE REQUESTED PRIOR TO A NOVEMBER 1993 FUNDING BALLOT. Ui UPCOMING EVENTS 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 2/10 6PM SUBURBAN CITIES MEETING 2/16 6PM CHAMBERS PRESENTATION ON REGIONAL TRANSIT PLAN 2/24-25 TYEE/TUMW CITY LEGISLATIVE ACTION COMMITTEE 2/26 1-5PM WH FIRE COUNCIL RETREAT 2/27 8-5PM WH FIRE HAZARDOUSEWASTEf LUNCH TO COLLECTIONBEVENTPROVIDED 3/X _ 3/6-9 WASH DC NLC OPENING Y CONGRESSIONAL CMARKETONFERENCE 5/1 11/18 SNR CNTR ANNUAL TOWN HALL MEETING Brenda Jacober City Clerk CITY COUNCIL BUDGET COMMITTEE ix,ll,4 U 1 Ea January 25, 1993, 4:00 p.m. PRESENT: Jon Johnson - Chair, Leona Orr, Jim White, Cliff Craig, Bill Doolittle, Ramona Fultz, Tony McCarthy, May Miller, Jean Parietti, Donna Swaw, Don Wickstrom, Barney Wilson Committee Chair Johnson called the meeting to order at 4:10 p.m. Monthly Financial Report Acting Finance Director Miller distributed the preliminary summary financial report for the period ending December 31, 1992'. Miller reviewed the report with the Committee members. 1992 Budget Adjustment and Loan Ordinance Miller reviewed the requested ordinance with the Committee. Committeemember Orr moved to recommend approval of the ordinance. White seconded the motion which passed with a vote of 3-0. Environmental Fund Position Clarification Chief Administrative Officer McCarthy noted that when the environmental fund position was created the Council had asked that after an in-house recruitment, the vacated position be deleted. The position vacated was under the Golf Fund. McCarthy asked if it was the Council's intent that a general fund position be deleted which could be accomplished by deleting the Public Works vacancy for an administrative secretary I. After discussion of the vacancies, White asked that it be brought back to Council before any of the golf vacancies are filled. Orr moved to delete the Public Works position. White seconded the motion which passed 3-0. Added Items McCarthy informed the Committee that he is working on an early retirement proposal which he will be bringing back to the Committee in the near future. Inaugural al Day Storm Cleanup Public Works Director asked the Committee if the City wished to sponsor residential pick-up of storm debris. Fire Chief Angelo added that there was some concern from Puget Sound Air Pollution Control that citizens may burn the debris and that any effort the City makes would be good public relations with the State and County. When asked about cost, Wickstrom noted it would cost about $10,000 which could come out of the environmental fund. Orr moved to approve the funding. She added that if authorization is needed before the next full Council meeting, Wickstrom could poll the other Councilmembers by phone. White seconded the motion. The motion carried with a vote of 3-0. The meeting was adjourned at 5:25 p.m. by Committee Chair Johnson. To request a copy please call Kelli O'Donnell 859-2116 City Clerk OPERATIONS COMMITTEE LVlll . 1 LV January 19, 1993 COMMITTEE MEMBERS PRESENT: Christi Houser Leona Orr STAFF PRESENT: Charlie Lindsey Roger Lubovich Tony McCarthy Alana McIalwain May Miller Kelli O'Donnell Ron Spang MEMBERS OF THE PUBLIC: Bill Doolittle Ted Loudenback Larry Metler The meeting was called to order at 3:07 p.m. by Chairperson Houser. Approval of Vouchers All claims for the period ending December 31, 1992, in the amount of$2,662,333.53; for the period ending January 14, 1993, in the amount of $1,180,314.32 (1992 expenses); and for the period ending January 15, 1993, in the amount of $334,213.09 (1993 expenses); were approved for payment. Senior Housing Financial Status Report Administrative Manager McIalwain reviewed with the Committee the handout distributed with the agenda package. McIalwain introduced Mr. Loudenback stating that he had noted some concerns about the building. Loudenback explained his concerns to the Committee. Clerk of the Works Metler responded to Mr. Loudenback's suggestions. The Committee concurred that electric doors should be investigated and noted that they saw no problem with the improvements to date. Accounts Receivable Writeoff Support Services Manager Lindsey reviewed the 1992 accounts receivable writeoff. Orr moved to accept the recommended writeoffs. Houser seconded the motion which passed 2-0 to be placed on the February 2, City Council Consent Calendar. Award of Office Supply Contract Support Services Manager Lindsey noted that as recommended by the Purchasing Committee, the City office supplie needs had been sent out for bid. Lindsey requested the bid be awarded to Boise Cascade Office Supply and authorization for the Mayor to sign a 36 month contract with Boise Cascade. Orr so moved, Houser seconded the motion which passed 2-0. 1 OPERATIONS COMNTr EE MINUTES January 19, 1993, Cont. Library - Final Completion City Attorney Lubovich noted that Eberharter has pending litigation against the City. In light of the fact that the Library is finished, he recommended that the project be accepted as complete pending litigation. Orr so moved, Houser seconded and the motion passed 2-0. McCarthy noted that on a related issue Parks Maintenance is looking at sodding around the Library to replace the wild grass which is not easily maintained. Cellular Phone Information Information Services Director Spang noted that the information provided shows that most of the cellular phone expenses are related to Fire, Police and Public Works. The Committeemembers had no further questions Committee Chair Houser adjourned the meeting at 3:50 p.m. 2 Brenda Jacober City Clerk Parks Committee Minutes January 19, 1993 Councilmembers Present: Jim Bennett, Chair; Jon Johnson and Christi Houser. Staff Present: Tony McCarthy, Roger Lubovich, Tom Brubaker, Lea Bishop, Alana McIalwain, Norm Reger, Tim Bond, Helen Wickstrom, Patrice Thorell and Pam Rumer. Others Present: Steve Dowell , Bill Doolittle, and Wayne McDonald. ADDED ITEM - MAINTENACE AT RIVERBEND GOLF COURSE Councilmember Bennett stated that he has received numerous complaints regarding the maintenance at Riverbend Golf Course. He said it is time to focus on getting someone with the necessary skills in charge of the maintenance at Riverbend. COMPLETION OF INTERURBAN TRAIL Helen Wickstrom requested acceptance of the contract of Tucci and Sons, who did the paving of the Interurban Trail , as complete. The City has been working with the Railroad for 1-1/2 years to get them to install rubberized crossings between 277th and 262nd. This is the only portion of the trail which is not complete. Within two months, the Railroad will have that portion of the trail complete. At that time, Tucci and Sons will need to come back to make a small patch at each of the rubberized crossings. In the meantime, Wickstrom explained that the City is holding Tucci and Sons' retainage of over $30,000. Wickstrom requested that the Committee accept Tucci and Sons' contract as complete so their retainage can be released. The City will have Tucci and Sons pay in an amount of money, and will hold that check until the patches are finished. Councilmember Houser moved to accept Tucci and Sons' contract as complete, and to place the issue on the February 2 Consent Calendar. Johnson seconded the motion. The motion passed unanimously, with a 3-0 vote. BRENDA JACOBER LW�n' (please put in CITY OF Council agenda packet) CITY COUNCIL PLANNING COMMITTEE MINUTES VC1 JANUARY 5, 1993 4 : 00 PM COMMITTEE MEMBERS PRESENT PLANNING STAFF Leona Orr, Chair Lin Ball Christi Houser Sharon Clamp Jon Johnson James Harris Margaret Porter COMMITTEE MEMBERS ABSENT Fred Satterstrom Jim Bennett OTHER CITY STAFF GUESTS Norm Angelo Steve Burpee Mary Berg Howard King Bob Hutchinson Don McDaniel Alana Mclalawin John Naylor Tony McCarthy Jean Parietti Don Wickstrom Raul Ramos GROWTH MANAGEMENT UPDATE (F. SATTERSTROM) Planning Manager Fred Satterstrom clarified that contrary to what was recently reported in the newspaper, no decision on urban centers has been made by the GMPC. A decision will be made in the spring after the EIS process is complete. In September 1992 when the countywide planning policies were ratified, there was an agreement that the suburban cities would participate with King County to designate potential annexation boundaries.. In December 1992 the County began to facilitate a process for cities to define their potential annexation areas, and a number of meetings are currently being held. The wetlands subcommittee finished their work on December 30, 1992 . The Planning Commission will hold a workshop to review the subcommittee's recommendations on Monday, January 11, and the topic will be discussed at either the January 25 or February 22 Planning Commission meeting. DOMESTIC VIOLENCE COMMUNITY ADVOCATE CONTRACT (L. BALL) Lin Ball stated this item was brought to the Committee at its December 1, 1992 meeting. Resolution 1265 adopted on November 6, 1990 allocates 11% of criminal justice funds received through Proposition 2 funding to domestic violence community advocacy services. The resolution does not specifically address legal advocates because it was thought that the legal advocates the County was placing in the district courts would provide services to CITY COUNCIL PLANNING COMMITTEE MINUTES JANUARY 5, 1993 PAGE 2 City of Kent residents. However, those legal advocates only provide services to residents of unincorporated King County. Lin clarified that the new resolution does not ask for additional money, but allows the City the flexibility to also use the money for legal advocates. The City's 1993 contract with D.A.W.N. for continuing community advocacy services is $42,836. The remainder of the funds allocated in the 1993 budget for domestic violence will be used to contract for legal advocacy services. PERMIT CENTER PLAN AND ORGANIZATION Norm Angelo stated the key issue to implement a plan is what staffing levels will be available. Steve Burpee stated the Chamber feels that the plan presented by the department heads lacks specifics, and the Chamber stands by the Mayor's task force proposal. Mr. Burpee requested the Chamber be allowed 15-20 minutes at the January 19 Planning Committee meeting to present their recommendations. Chair Orr stated that the Committee needs to know from Administration by the January 19 meeting what staff levels to -e-9pect for-- the next six months so there" will be a clear understanding of how many staff persons will be involved. She feels this information is needed before the Committee . can make a decision on this plan. Chief Administrative Officer Tony McCarthy indicated that Administration' s plan is to go back to the Budget Committee the end of January and review the financial situation for year end and decide at that time if the freeze can be released. Mr. McCarthy stated Administration is asking department heads to see what they can do with less staff. Mr. McCarthy feels a decision should be made on what can be done with existing staff. Chair Orr asked that this be brought back to the January 19 meeting as an information item to hear the Chamber's suggestion and a staff plan that assumes no changes in staffing levels from today. ADDED ITEM Planning Director Harris stated that the draft proposal on the short plat process will be brought to the January 19 Planning Committee meeting. ADJOURNMENT The meeting adjourned at 4 :55 p.m. 930105.PC BRENDA JACOBER (please put in Council agenda packet) CITY OF AAm CITY COUNCIL PLANNING COMMITTEE MINUTES VVERCI JANUARY 19 , 1993 4: 00 PM COMMITTEE MEMBERS PRESENT PLANNING STAFF Leona Orr, Chair Lin Ball Jim Bennett Sharon Clamp Jon Johnson James Harris Margaret Porter Laura Yeats-Quilici OTHER CITY STAFF Fred Satterstrom Alice Shobe Norm Angelo Mary Berg Tom Brubaker Laurie Evezich Gary Gill Bob Hutchinson Alana McIalwain Tony McCarthy Larry Webb GROWTH MANAGEMENT UPDATE (L YEATS OUILICI) Planner Laura Yeats Quilici informed the Committee of Countywide Planning Policy FW-2 which requires that several interim actions be taken by King County jurisdictions until Comprehensive Plans are updated. The policy addresses minimum residential densities, accessory units, and manufactured homes on individual lots. Several alternatives will be discussed at the Committee's February 2 , 1993 meeting. SECTION 8 HOUSING DISCRIMINATION (A. SHOBE) As a follow up to the December 1, 1992 meeting where three citizens spoke to the Committee regarding discrimination against Section 8 voucher and certificate holders in the City of Kent, Planner Alice Shobe reported on the ordinances adopted by King County and the Cities of Seattle and Bellevue which prohibit Section 8 discrimination. She also presented information from the State of Massachusetts which prohibits public subsidy discrimination state- wide. Chair Orr requested staff research answers to the questions raised and report back to the Committee in the future. CITY COUNCIL PLANNING COMMITTEE MINUTES JANUARY 19, 1993 PAGE 2 HOMELESS UPDATE (A. SHOBE) Planner Alice Shobe reported that the Emergency Cold Weather Shelter Program run by Catholic Community Services (CCS) ran out of money the first of December 1992. An additional $1, 000 allocated to the program in December lasted three days. As a result of an editorial published by the Valley Daily News regarding the homeless situation, money was sent to CCS by citizens; however, these funds ran out by Christmas and the Kent Police Department ran the program for the remainder of December. A task force of City staff and local churches was formed the first of January to develop a community response program in anticipation of a potential crisis situation which may occur as a result of the continuing cold weather. Staff will keep the Committee informed of the progress of this group. SHORT PLAT PROCEDURES (J HARRIS) Planning Director Harris presented a revision of the short subdivision regulations which addresses notification of the public, public response, and the appeal process. Further discussion on this revision will be held at the February 2, 1993 meeting. PERMIT CENTER (CHAMBER OF COMMERCE) Kent Chamber of Commerce spokesman Steve Burpee reported that the Chamber recommends the Planning Committee forward to the Council a recommendation to adopt in full the proposal from the Mayor's Advisory Committee on the Permit Process, including the plan for implementation of the needed reorganization. They feel these changes are needed to protect the economic health of the community. Mr. Burpee stressed that whatever plan is implemented, the Chamber does not feel safety should be compromised. The Chamber also has requested to the Mayor that a committee be appointed to select the personnel involved in the new process. Linda Martinez, speaking as an ordinary citizen, feels that a speeded up process managed by a political arm of our city does not have much to do with political accountability. The Mayor's Task Force plan is very accountable to a small group within the city; however, it is not aimed at the entire city. She is concerned that this process will be outside the authority of city officials who are mandated with this responsibility. Regulations exist to protect all citizens. This process focuses on small, high volume items without considering how they fit in with larger developments. CITY COUNCIL PLANNING COMMITTEE MINUTES "» JANUARY 19, 1993 PAGE 3 Ms. Martinez noted that the department heads proposal comes closer to looking at the whole system. There needs to be one intake place, but the City does not need two processes for essentially the same type of things. The recommendation that the project manager come from outside all the disciplines having anything to do with protecting public welfare and ensuring that the intents of the codes are enforced is the key element in the permit process which the Mayor' s Task Force is missing. The people who are mandated to do this need to be part of the process to see that the future of the City is protected and that development is directed by order of ordinances adopted by the City Council rather than by order of City Administration. Ms. Martinez would like to see the Committee take a step to bring some cooperation as suggested by the department heads rather than to simply start all over again. Chair Orr requested the departments heads present their final proposal at the February 2 meeting so the Committee may decide which proposal to recommend to the full Council. Chair Orr stated her personal concerns as follows: 1. The safety issue. 2 . There is room for improvement in customer service. 3 . Reasonable timelines need to be set due to decreased staff levels. 4 . Predictability and consistency need to be addressed on code interpretation issues. ADDED ITEM Planning Commission Chair Linda Martinez reported that the Planning Commission will hold a public hearing on the wetlands issue on February 22 , 1993 . The ordinance will go the full Council in March or April. ADJOURNMENT The meeting adjourned at 5:26 p.m. 930119.PC