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Colty Councoll Meeting
Agenda
I TY 0 F Tot JB4T
... Council Members
Judy Woods, President
Jim Bennett Paul Mann
Christi Houser Leona Orr
Jon Johnson Jim White
Office of the City Clerk
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CITY OF �D\Lt ��
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
May 4, 1993
��nc�� Council Chambers
7: 00 p.m.
MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President
Jim Bennett Christi Houser Jon Johnson
Paul Mann Leona Orr Jim White
CALL TO ORDER
ROLL CALL
1. PUBLIC COMMUNICATIONS
ADrinking Driver Task Force Design Contest Recognition
Ceremony
Employee of the Month
-Cl Regional Justice Center Update
15_.� Proclamation - Odyssey of the Mind Day
-P: Proclamation - McDonald' s "Recycled" Restaurant Day
2 . PUBLIC HEARINGS
--k-. LID 342 - Establishing Smith Street Sidewalks
Public Works Construction Standards
3 . CONSENT CALENDAR
X. Minutes
-,B: Bills
-2- Voters Pamphlet Participation
Harrison House - Canopy & Trellis
--E: Water Conservation Plan - Set hearing date
,-F. Reith/Cambridge Tank Painting - Accept as Complete
,-6: 80th Avenue So. Paving/Repair - Bill of Sale
,,H: Sanitary Sewer Extension Alley between 2nd & 3rd Avenues -
Bill of Sale
Watermain Extension - 900 block of 2nd Avenue - Bill of Sale
-g'. Performing Arts Center Pre-Planning - Release of Funds
—K: Metro Subsidized Bus Tickets
, -1r. Satur
Sd
eay Market Advisory Board - Reappointments
4 . - f7tHEW BU NE y s F� «5
,,A.% Cable TV Master Ordinance 3t0 7
Cable TV Franchise Ordinance-3io S
5 . BIDS
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) Drinking Driver Task Force Design Contest Recognition
Ceremony
B) Employee of the Month
C) Regional Justice Center Update
D) Proclamation - Odyssey of the Mind
E) Proclamation - McDonald 's "Recycled" Restaurant Day
Kent City Council Meeting
Date May 4 , 1993
Category Public Hearings
1. SUBJECT: LID 342 - SMITH STREET SIDEWALK
2 . SUMMARY STATEMENT: This date has been set for the Public
Hearing on establishing LID 342 Smith Street Sidewalks
(Washington Avenue to 64th Avenue) . The Public Works Director
will describe the project and present other pertinent
information associated with it.
3 . EXHIBITS: Public Works Minutes, memorandum from Public Works
Director, vicinity map
4 . RECOMMENDED BY: Public Works Committee (3-0)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
OPEN HEARING:
PUBLIC INPUT:
CLOSE HEARING:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
that the memorandum of the Public Works Director be made a part
of the record and that the City Attorney be directed to prepare
an ordinance creating LID 342 which calls for the installation
of sidewalks along Smith Street.
DISCUSSION•
ACTION:
Council Agenda
Item No. 2A
DEPARTMENT OF PUBLIC WORKS
April 13, 1993
TO: Mayor Kelleher `& City Council
FROM: Don Wickstrom, Director of Public Works
RE: LID 342 - Smith Street Sidewalk
(Washington Avenue to 64th Avenue)
Resolution No. 1351 adopted by City Council on April 6, 1993
established May 4 , 1993 for the public hearing on LID 342 . All of
this was the result of a request received by the Public Works
Committee and subsequent contact with property owners.
PROPOSED IMPROVEMENTS
SIDEWALK IMPROVEMENTS
Description: The project consists of the installation of 6 . 5' wide
cement concrete sidewalks on both sides of Smith Street from
Washington Avenue to 64th Avenue. The sidewalk will be adjacent to
the existing curb with no planter strip. Cement concrete driveway
sections will be installed in the sidewalk at existing driveways.
Existing utilities and other improvements which would interfere
with the sidewalk will be adjusted or relocated. Wheelchair ramps
will be installed in the sidewalks at crosswalks. A short rockery
may be constructed at the rear of the sidewalk at locations where
there is a significant grade change.
ON FROM TO
West Smith Street N. Washington Avenue 64th Avenue South
PROJECT FUNDING
The total project cost estimate is $96, 926 . 50. The City has agreed
to obligate $30, 000 from the current sidewalk fund to assist in the
project financing. The balance is to be LID financed.
$30, 000. 00 City Sidewalk Funds
66 , 926 . 50 LID Funds
$96, 926 . 50 Total Project Cost
METHOD OF ASSESSMENT
Each property with frontage on Smith Street within the project
limits is being assessed. The LID cost is being distributed to the
affected properties based on front footage on Smith Street.
PAYMENT OF ASSESSMENT
Upon Council passing, the ordinance confirming the final assesment
roll (after completion of the construction) , there is a 30-day
period in which any portion or all of the assessment can be paid
without interest charges. After the 30-day period, the balance is
paid over a ten year period wherein each year's payment is 1/10th
of the principal plus interest on the unpaid balance. The interest
will be what the market dictates.
NEED FOR IMPROVEMENT
The properties adjacent to the project are zoned commercial and
multi-family. As such, substantial pedestrian traffic is
generated. City Standards therefore require that City streets such
as this, have sidewalks to address the pedestrian traffic.
Sidewalks are required to bring Smith Street up to current City
Standards.
This need has been recognized for many years. Various properties
within the LID have been required to execute no protest LID
covenants for sidewalks upon obtaining various development permits.
Currently there are covenants representing 53 . 57% of the LID.
Also, it is our understanding that the Catholic Community Services,
the owner that initiated this action, is unable to obtain certain
grant funding due to the lack of sidewalk access for handicaps.
SUPPORT FOR LID
As stated above, property owners representing 53 . 57% of the LID
assessments are committed to this LID via LID no protest covenants.
Since it only takes 40% support to allow an LID to be formed,
Council thus has the option of proceeding with the project based on
the covenants.
During preliminary contact with the property owners it was
determined that additional properties supported the project. With
the covenants and others expressing interest via questionnaires,
the apparent level of support is 66. 52%. This level of support
warrants bringing the proposal before the Council.
ENVIRONMENTAL
The Engineering Department has received a determination from the
Planning Department that the proposed project is categorically
exempt from SEPA.
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Kent City Council Meeting
Date Mav 4 , 1993
Category Public Hearings
1. SUBJECT: CONSTRUCTION STANDARDS
2 . SUMMARY STATEMENT: This date has been set for the public
hearing on the Public Works Construction Standards. These
standards, which for the most part, started out as the com-
position of various City adopted standards, are the results of
a give-and-take process involving both a development oriented
review committee and a publicized call for comments. Because
of this, should no significant comments be raised, it is the
Public Works Committee' s recommendation to proceed towards
their adoption. Should significant comments be raised,
however, referring this matter back to the Committee for
additional review would be in order. The Public Works Director
will make a presentation on these standards.
3 . EXHIBITS: Public Works Minutes, memorandum from Public Works
Director, publication notices and Construction Standards
4 . RECOMMENDED BY: Public Works Committee (3-0)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
OPEN HEARING:
PUBLIC INPUT:
CLOSE HEARING:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
that the City Attorney be directed to prepare an ordinance for
the adoption of the Public Works Construction Standards.
— OR —
to refer this matter back to the Public Works Committee for
further review.
DISCUSSION:
ACTION•
Council Agenda
Item No. 2B
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PUBLIC WORKS COMMITTEE
MARCH 18, 1993
PRESENT: JIM WHITE ED WHITE
JIM BENRETT JOHN BOND
PAUL MANN RAUL RAMOS
DON WICKSTROM LINDA JOHNSON
TOM BRUBAKER JOHN KIEFER
GARY GILL BILL DOOLITTLE
BILL WOLINSKI MR & MRS RUST
STAN WADE
Resolution - Creating the Citv Transit Advisory Board
Jim White stated that this is patterned after the Bicycle Advisory
Board placing greater emphasis on transit as was established in the
Council ' s goals and objectives.
Committee unanimously agreed to recommend adoption of this
Resolution.
Lake Plaza Condominiums Master Meter
Wickstrom stated that under City ordinance, in order to obtain a
master meter to service more than one complex, Council approval is
required. Wickstrom stated that Lake Plaza Condominiums wants two
master meters to service two complexes .
Committee unanimously agreed to recommend approval of two master
meters at Lake Plaza Condominiums .
Construction Standards
Wickstrom stated that this has been a long awaited process in
developing these Construction Standards . We have developed them
through our own in-house staff, while working with the "Planning
Dept. and Maintenance and have developed what we felt was
appropriate. A review committee was selected made up primarily of
the development community. Wickstrom stated that we received names
thru the Master Builders, the Chamber and the Association of
General Contractors . We placed advertisements in the newspapers
advising that copies were available for input to the committee.
1
Wickstrom requested that a public hearing be set for the April 20th
Council meeting. If there are no major reactions or major
concerns, that it would be adopted at that time . If there were
major concerns, than it would come back to Public Works Committee
for further input.
Committee unanimously agreed recommendation of a public hearing for
May 4th.
DEPARTMENT OF PUBLIC WORKS
MARCH 12, 1993
TO: PUBLIC WORKS COITTEE
FROM: DON WICKSTROM
RE: CONSTRUCTION STANDARDS
Enclosed herewith is the long awaited Public Works Construction
Standards. Enclosed also are several memos. The first memo (from
Stan Wade) gives the background, perspective relating to our
standards (old and new) . It also denotes the process used to
develop these new standards. Finally, it gives a synopsis of the
significant changes made (old versus new) . The second memo (from
the Review Committee) denotes the Committee' s support for, and
identifies their concerns, per these new standards. Lastly, the
third memo (Stormwater Standards) denotes the basis for the
significant change in our stormwater standards.
The action sought from the Committee is to recommend to full
Council adoption of these Standards (an adoption ordinance will be
required) . The process we propose would be to hold a Public
Hearing thereon, at the April 20th Council meeting. Should no
significant comments surface at the hearing, than adoption of the
ordinance would be in order. Should however, significant comments
be raised, then the matter would be referred back to the Committee
for further review and a formal recommendation.
Action: Approval of the Adoption Process noted above and recommend
setting a Public Hearing date on the matter for the April 20th
Council meeting.
DEPARTMENT OF PUBLIC WORKS
MARCH 12, 1993
TO: DON WICKSTROM, DIRECTOR OF PUBLIC WORKS
FROM: ST�WADE, CONSTRUCTION ENGINEER
RE: CONSTRUCTION STANDARDS
The following is a synopsis of the history, procedure, and main
points of modification of the Construction Standards .
The last adopted standards occurred in 1962 . However, since that
time the City of Kent has adopted comprehensive plans for drainage,
sewer, water and transportation which included construction
standards. Other documents included various utility ordinances,
the subdivision code and ordinances specifying APWA and 'WSDOT as
standards to be followed. From these documents a draft
construction standards manual was developed over the past several
years as an in-house guide to review plans and for use in
construction inspection.
From the draft construction standards, a concerted effort was begun
to update the standards to the present submitted form. The first
step was to clarify, modify and reorganize the sections and to add
appendices which included the standard details. This task was
accomplished within the Construction Section of the Engineering
Division. The next step was a review by other sections of the
Public Works Department including design, transportation,
environmental, survey, property management, and operations and
maintenance. The Code Enforcement and Planning Departments
provided input during this phase. Also involved in assisting the
City in the development -of Section 6 (Stormwater Standards) were
Entranco Engineers and Northwest Hydraulics, consulting engineers.
The final review was performed by a Construction Standards Review
Committee composed of developers, engineers, and contractors. The
purpose of this review was to provide an opportunity for the
primary users of the document to give input from the private sector.
point of view as well as information regarding the latest state-of-
the art design and construction practices. The input from this
group was valuable in providing a practical document. The
committee was chosen after consulting with the Association of
1
General Contractors, Masterbuilders, and the Kent Chamber of
Commerce. Finally the public was given an opportunity to review
the standards having been informed through advertising in the
Valley Daily News and the Journal of Commerce.
The major changes to the Construction Standards are as follows:
o A section was added to describe plat and short plat
conditions. (Section 1. 1. 5)
o Street use and street cut bonds will now be on a case-by-
case basis, not mandatory. (Sections 1. 1. 621. 1. 7)
o The Latecomers Agreement section was modified to require
information on methods of assessing costs, etc. at the time
of plan approval. (Section 1 . 1. 11)
o A definition of terms sections was added. (Section 2)
o Easements will not be required to be recorded until the Bill
of Sale goes to Council. (Typical Section 3 . 1)
o Various changes related to materials allowed in construction
were added throughout the. document.
o Specific detention criteria was established for the hill
areas, and valley areas of Kent to prevent worsening of
flooding and stream erosion from future development.
(Section 5. 0)
o Stormwater treatment requirements and sediment and erosion
control practices were incorporated in the standards to
protect the City' s water resources from further degradation.
(Section 5. 0)
o Provisions were made for exemption to the standards where
requirements are to be satisfied by regional detention and
treatment facilities funded in the Capital Improvement
Program. (Section 5 . 0)
o Functional classification of streets was slightly modified.
(Section 6)
o Design Standards for all street classifications is provided
in a tabular form.
o Sidewalks and driveways will meet ADA requirements. (Section
6)
o A new section on pavement design criteria was added
including upgrading of section thickness. (Section 6. 6)
2
o Many of the standard details were changed to reflect new
materials or requirements. (Appendices)
o An "As-built" section was added. (Appendices)
o A Maintenance section for drainage facilities was added.
(Appendices)
o A Standard Construction Notes section was added.
(Appendices)
In summary, the document consists of six Sections and Appendices as
follows:
Section 1 - Permits and Approvals
Section 2 - General Conditions and Requirements ,
Section 3 - Water System Improvements
Section 4 - Sanitary Sewer System
Section 5 - Stormwater System
Section 6 - Streets and Roadways
Appendices:
A - Notes
B - Detail Drawings
C - Fee Schedule
D - Maintenance for Drainage Facilities
E - As-built Requirements
F Detention Calculation Examples
3
TO: DON WICKSTROM
FROM: CONSTRUCTION STANDARDS REVIEW COMMITTEE
DATE: MARCH 12 , 1993
RE: CONSTRUCTION STANDARDS
On February loth, the Review Committee completed its review of the
proposed new Construction Standards Manual, to produce what we
believe is a document which will meet the City of Kent ' s current
needs while also providing flexibility in areas where the private
development sector may incorporate cost saving techniques which do
not jeopardize the City' s concerns relative to fire, safety, and
integrity of the completed project.
The Review Committee was composed of representatives from the
engineering and surveying professions, contractors, developers,
builders, and personnel from the City of. Kent' s Public Works
Department. The Review Committee completed a detailed review of
each of the sections of the Construction Standards over a two month
period and provided , comments, suggestions, concerns , and
alternatives to the requirements and standards within each of the
draft sections. A considerable amount of time and effort was spent
on the permits and approval section in an attempt to restructure
the permitting phase to reduce the amount of time required to
obtain building and construction permits.. Certain bonds,
easements, agreements, and other documentation determined not to be
necessarily required to begin the review process were modified so
that these items could be addressed simultaneously while the review
process continued. These documents would, however, be .required
prior to building permit issuance. In order to protect the City of
Kent' s staff from spending time reviewing projects %hich may
eventually not be issued permits, due to significant impacts or
unresolvable design criteria, (such as offsite easements or
agreements with adjacent property owners) , the developer will now
be required to submit a plan check fee at the time of plan
submittal. This procedure appears to be acceptable to both the
City of Kent and the Development Sector.
Certain other issues within the sewer, water, and transportation
sections were also modified where possible to incorporate
additional flexibility. For instance, easement widths for
utilities, types of materials, pipe cover, etc. , were scrutinized
extensively so that they were made. more practical where possible
for the. specific application. Easement widths were reduced over
utility lines where practical, some additional pipe materials
fittings and construction techniques were added to the acceptable
list, and minimum pipe covers were reduced in certain cases, based
on manufacturers recommendations. Although these changes may in
1
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some case help reduce construction costs for developers, they were
also determined to not have an adverse impact on the integrity of
the completed project.
Throughout the document, many clarifications were incorporated into
the sections to minimize misinterpretations as much as possible so
that consistency can be preserved for both the user and the
reviewer.
It was generally agreed upon by the Review Committee that the final
draft sections for water, sanitary sewer, and streets and roadways
were generally consistent with the standards and requirements of
most- other jurisdictions and represented sound engineering and
construction practices. However, the storm drainage section
created many concerns and differences of opinion between City
staff, the Consulting Engineers, and the Developers . It is known
that the City of Kent is experiencing serious flooding and erosion
problems within both the hill and valley areas. Due to these
problems, standards for stormwater control systems, detention
facilities, and temporary erosion control have changed
significantly within this manual compared to previous requirements .
Release rates have been significantly reduced and stormwater
detention requirements have increased by a factor of 3 to 5 times.
The requirements for Hill Development generally follow the 1990
King County Drainage Manual. In addition, water quality treatment
requirements and erosion control measures have been modified
extensively.
Although it was the general consensus by the Committee that these
types of changes will substantially reduce flooding and degradation
of properties within the City of Kent, the additional financial
burden to developers from both loss of additional land and
increased construction costs was not researched, although it is
anticipated to have an economic impact. It was concluded that this
issue may need to, be researched further and additional
modifications to the requirements made at a later date. It was
also agreed that modification may be restricted since development
will be required to meet Washington Fishery' s requirements and/or
the Puget Sound Stormwater Management Manual by DOE, which contain
similar or more restrictive requirements. Therefore, the general
criteria for stormwater management systems remained as originally
proposed, except for minor changes and clarifications.
Although the Review Committee believes that the manual is
technically sound, the full result of the economic burden cannot be
fully assessed at this time. However, changes made to the
permitting process section are anticipated to help reduce the
amount of time it takes to obtain permits and thereby help
compensate for overall development cost increases. In addition, it
is hoped that the design manual will provide adequate information
to the designer and developer to provide for consistency and help
eliminate hidden costs to developers. Additional changes and
2
clarifications will need to be incorporated after the document has
been. in use and additional comments are received.
The Review Committee would like to thank the City of Kent for
inviting it to advise and review its proposed Construction
Standards. We believe that as a result of the Review Committee' s
review, a more comprehensive set of•Construction Standards has been
produced for both the private and public sector.
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STORMWATER STANDARDS
MARCH 12, 1993
JUSTIFICATION FOR CHANGES:
There currently exists widespread problems throughout the City of
Kent from lack of effective controls on increases in stormwater
flow and pollution from new development. Understanding of the
impacts and the methods for control of stormwater has gradually
progressed over the past two decades .
The stormwater detention standards currently in use by the City
were adopted in December of 1978 . Various watershed studies
recently completed by the City thoroughly document the need for an
improvement in our management of stormwater both from a flooding
and water pollution perspective. Similar findings nationwide and
throughout the State of Washington have prompted the State
Department of Ecology to propose statewide guidelines for
stormwater management.
On a nationwide basis, the U. S. Environmental Protection Agency is
implementing control of stormwater through a National Pollution
Discharge Elimination System (NPDES) permit program. In their
implementation strategy for the NPDES program, the Department of
Ecology will include the City of Kent in a watershed permit for the
entire Green River watershed. A requirement of the city ' s permit
will be the development of a stormwater management program which at
minimum, meets the State' s guidelines.
In the process of developing the proposed stormwater standards, all
available information on existing problems, currently available
control technologies and pending State and Federal requirements
were carefully considered. Recognition was made that the various
regional stormwater facilities being designed and constructed under
the utility C. I.P. program will for the most part, address any
existing problems. Given the amount . of development which has
already occurred, sites for regional stormwater facilities are
extremely limited. Where such sites are available and funds
provided in the C. I .P. program, the proposed standards allow
exemptions for both detention and treatment requirements.
In reaching a decision on the final recommended design criteria,
City staff reviewed various alternatives presented by our
stormwater consultants. These included comparisons of current Kent
standards with Washington State Dept of Ecology, King County, King
County steep slope and no standards. All options included the
construction of proposed regional detention facilities . Within the
hillside basin areas, the consultants recommended criteria similar
to the King County steep slope standards. They felt that it was
the only alternative which would significantly reduce the current
serious stream and gully erosion problems as well as flooding.
Staff however selected the alternative which was most similar to
current King County standards, because it is already being required
for development projects within King County which make up a
significant portion of Kent' s drainage basins (i. e. , Garrison and
Mill Creek) . it was agreed that any stricter design requirements
for the hillside basins needed to be reviewed further and agreed
upon through an interlocal agreement with King County so that all
properties within each drainage basin (both County and City) would
be treated in the same manner. This will be pursued in the future.
The recommended standards will increase the size of the detention
basins by about a factor of 3 to S .
Within the Kent valley floor area the drainage analysis also
included the evaluation of several design standards as with the
hillside drainage basins . Because the drainage problems in the
valley floor differ from those in the hillside areas, (primarily
flooding as opposed to stream erosion, sedimentation and flooding
in the hillside areas) the results and recommendations were
adjusted accordingly. Analytical results showed that the King
County standards were largely ineffective in controlling runoff
from developing areas. The proposed regional facilities such as
the Kent lagoons, can substantially reduce flows on the mainstream
of Mill Creek, but probably will not solve local flooding problems
on the minor tributaries to Mill Creek. At the same time, it is
clear that greater on-site controls for new developments will not
by itself reduce current, flood flows in Mill Creek. Therefore a
combination of effective bn-site controls, regional facilities, and
local conveyance improvements is necessary to prevent current
flooding problems from getting worse. The recommended valley
standards will require 3 to 4 times greater on-site detention
storage volume than under the current Kent standards. This level
of control is necessary in order to not exasperate existing
flooding problems.
The proposed stormwater construction standards are needed to enable
the City to effectively manage their water resources and protect
citizens and businesses from additional damage. Even though the
recommended standards are a radical change from those adopted in
1978, they are consistent with present King County standards and
are primarily designed to not allow existing drainage conditions to
worsen at the expense of allowing new development.
DEPARTMENT OF FISHERIES
DEPARTMENT OF WILDLIFE
HYDRAULIC CODE RULE REVISION
April 10, 1993 DRAFT
NEW SECTION WAC 220-110-225 STORMWATER MANAGEMENT
Artificially created impervious surfaces increase stormwater run-off, resulting in changes to the
flow and bed of waters of the state, adversely impacting fish life. Run-off from Impervious surfaces increases
peak flow magnitude of storm run-off events. Rainfall Infiltration is reduced or eliminated by impervious
surfaces, causing surface flows to be decreased or eliminated during critical low flow periods.
An HPA shall be required for projects that create impervious surfaces equal to or greater than
•,5,000 Square feet, that are not otherwise excluded. Stormwater requirements will apply to construction of new
impervious surface that exceeds the threshold and to new and existing impervious surfaces for reconstruction
to the extent that stormwater runoff from the site is modified as a result of the project. The following project
types shall be excluded from the requirement to obtain an HPA unless there are any activities within or across
the ordinary high water line:
a. Sites with no conveyance or release to surface waters of the state.
b. Projects in any jurisdiction that adopts and implements the surface water quality and quantity
minimum requirements in the Department of Ecology Stormwater Management Manual for the
Puget Sound Basin (SWMM), or approved revisions of the SWMM adapted to specific regional
conditions.
C. Projects In any jurisdiction that adopts and implements a functional equivalent to the su ace
water quality and quantity minimum requirements in the SWMM, or approved revisions of the
SWMM adapted to speck regional conditions, and that provide adequate fish protection, as
determined by the departments.
d. Physical construction of single-family residences
e. Single-family shortpiats at a density of less than 1 residence per 2.5 acres
f. Projects with stormwater releases directly to marine waters, to fresh water lakes greater than
300 acres, and to rivers greater than 1,000 cis mean annual flow shall be conditioned only for
water quality requirements, as identified in technical provision 2, below.
g. Discharges to a regional stormwater detention facility that meets or exceeds a lev!=.I of
protection for fish resources approved by the Departments.
h. Projects with stormwater releases directly to any system which is required meet NPDES
discharge requirements, such as an approved municipal wastewater treatmentt system, shall be
conditioned only for water quantity requirements.
1. For construction projects covered under an NPDES Baseline General Permit for Stcrmwater
Discharges Associated with Industrial Activities:
1. An HPA is not required for erosion and sediment control for clearing and grading
operations, unless there are project activities within the ordinary high water lines.
2. An HPA is not required for water quality elements where an industry is covered under
an NPDES permit for stormwater, although an HPA is required for water quantity, unless
otherwise exempted.
3. An HPA is required for water quantity and quality control for impervious
(dee.gveloped
conditions not otherwise covered under an NPDES permit for stormwater
stormwater runoff from Impervious surface not associated with the industrial component of
the operation), unless otherwise exempted.
j. Forest Practices regulated by the State of Washington Forest Practice Rules and Regulations, or
forest practices on Federal lands.
k. Maintenance of the bed of an approved stormwater facility unless the maintenance will impact
the bed or flow of a watercourse, result in the release of sediments to a watercourse, or result in
increased release rates of stormwater to watercourses downstream.
1. Other project proposals that, In the professional judgement of the Departments, will not impact
fish Iffe.
HYDRAULIC CODE RULE R_-V S ON
April 10, 1993 DRAFT
Page 2
The requirement to obtain an HPA to address stormwater concerns applies to , but is not limited to, all
commercial; all industrial; all multi-family housing; all subdivisions; and all single-family shortplats with densities
greater than 1 residence per 2.5 acres that exceed the 5,000 square foot threshold, that are not otherwise
excluded.
The following technical provisions shall apply to stormwater projects.
1. Stormwater project applications shall contain methods to address water quantity impacts to surface
waters. Stormwater HPAs shall be conditioned, consistent with the following technical requirements,
based on the water quantity concerns and mitigation measures for each project:
a. Applicants shall use a continuous simulation model or event-based hydrograph model for stormwater
run-off computations. When using an event based hydrograph model in western Washington, a 24-hour
storm shall be used and the calculated detention volume shall be Increased by a factor of safety as
identified in the SWMM, which varies depending on percentage of the site which is impervious.
b. Where soils are suitable, project applications shall include plans for infiltration of stormwater run-off.
c. Where soils are not suitable for infiltration, project applications shall specify that stormwater is
detained and released to surface waters consistent with the following maximum release rate criteria:
1. The peak release rate for the 2-year developed design storm shall not exceed fifty percent of the
peak release rate for the 2-year pre-development design storm; or for situations where a continuous
simulation model is used, at the applicants option, post-development flow duration shall match pre-
development flow durations for flows between the 1.5-year peak pre-development flow and the 10-
year peak pre-development flow.
ii. The peak release rate for the 10-year developed design storm shall not exceed the peak release
rate for the 10-year pre-development design storm; and
iii. The peak release rate for the 100-year developed design storm shall not exceed the peak release
rate for the 100-year pre-development design storm.
2. Stormwater project applications shall contain methods for treating stormwater prior to release to
ground or surface waters. Stormwater HPAs shall be conditioned, consistent with the following technical
requirements, based on the water quality concerns and mitigation measures for each project:
a. Stormwater run-off shall,be treated by passing the water through, in descending order of preference,
constructed wetlands, wet ponds,'or biofiltration channels, as appropriate for site conditions, to remove
fine sediment and contaminants. Other treatment methods may be acceptable, subject to review and
approval by the departments.
b. Project applications shall include erosion and sediment control measures for the complete time period
when exposed soils are.present.
Watershed basin plans approved by the department may be used to modify technical provisions 1 and 2
above, provided that the basin plan equals or exceeds the protection for fish life provided in these
requirements.
3. Project applications shall contain an operation and maintenance plan for all stormwater facilities. The
party, or parties, responsible for maintenance and operation shall be identified. The stormwater facility
shall be maintained by the owner or other responsible party, to continue to meet design criteria.
Maintenance will be conducted in a manner that does not impair fish life.
1
STATE OF VWASHINGTON - KING COUNTY
25436 —ss.
City of Kent No. CONST .S1'ANDA
C ty.of Kent
NoticeofAvailability,of ' Affidavit of Publication
:,Draft;Const. Standards,*_I
The City of`Kent is in the.pro-I
cess.of reviewing and updating)
its_Construction Standards. A The undersigned, on oath states that he is an
cornmittee;_bf.engineers, devel-
opers;'aiid 'contractors selected. authorized representative of The Daily Journal of Commerce, a
by::the Public Works Depart-. daily newspaper, which newspaper is a legal newspaper of general
inept;;are•:aaking part in the,
review. circulation and it is now and has been for more than six months
Draft copies of the Standards,I prior to the date of publication hereinafter referred to,published in
are available' at. the Public
Works Engineering Department the English language continuously as a daily newspaper in Seattle,
for review through February 12, King County, Washington, and it is now and during all of said time
1993.-.For information contact
the,Public Works.pepartment 8t was printed in an office maintained at the aforesaid place of
859-3383.. "`' publication of this newspaper. The Daily Journal of Commerce
Dates of publication in the Se p
,ttle,'�Daily;:Jouriial,.;of,Com- was on the 12th day of June, 1941, approved as a legal newspaper
merce, `January 19 and Febru- by the Superior Court of King County.
`='2/2(26436)`--
The notice in the exact form annexed, was published in regular
issues of The Daily Journal of Commerce, which was regularly
distributed to its subscribers during the below stated period. The
annexed notice, a
N/DRAFT CONSf .STNDRD
was published on
01/19/93 02/02/93
The amount of the fee charged for the foregoing publication is
the sum of$ which amount has been paid in full.
r
Su scribed aothe
to before me on
6O` 02/
Notary Public tate of W h ngton,resngn Seattle
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CONSENT CALENDAR
3 . City Council Action:
Councilmember moves, Councilmember
seconds that Consent Calendar Items A through L be approved.
Discussion
Action
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting
April 20, 1993 .
3B. Approval of Bills.
Approval of payment of the bills received through April 21,
1993 after auditing by the Operations Committee at its meeting
on April 30, 1993 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
Approval of checks issued for payroll:
Date Check Numbers Amount
Council Agenda
Item No. 3 A-B
Kent, Washington
April 20, 1993
Regular meeting of the Kent City Council was called to order at
7: 00 p.m. by Mayor Pro Tem Woods. Present: Mayor Kelleher,
Councilmembers Bennett, Houser, Johnson, Mann, Orr, White and
Woods, Chief Administrative Officer McCarthy, City Attorney
Lubovich, Planning Director Harris, Public Works Director
Wickstrom, Police Chief Crawford, Information Services Director
Spang, Acting Finance Director Miller, and Parks Director Wilson.
Approximately 100 people were in attendance.
PUBLIC Volunteer Week. Mayor Pro Tem Woods read a
COMMUNICATIONS proclamation declaring the week of April 19-25,
1993 , as Volunteer Week in the City of Kent. She
noted that the City of Kent has volunteers working
in numerous departments and offices, staffing the
City ' s information center, and the Drinking Driver
Task Force, as well as serving as members of
various boards, commissions and committees, and
that volunteer involvement in City programs pro-
duces enriched and more effective services and an
informed citizenry. The proclamation was pre-
sented to the City Clerk.
Earthquake Awareness Week. A proclamation was
read by Mayor Pro Tem Woods proclaiming the Week
of April 18-24 , 1993 as Earthquake Awareness Week.
Woods noted that the City of Kent is highly sus-
ceptible to earthquakes which can cause serious
damage, injuries and death, and that these losses
can be greatly reduced if people prepare for
earthquakes and take protective measures during
and immediately following an earthquake. She
urged all citizens to learn more about how to
prepare for this hazard, and presented the procla-
mation to Assistant Fire Chief Berg.
Greater Puget Sound Safe Boating Week. The Mayor
Pro Tem presented a proclamation to Chief Warrant
Officer Don Knesbeck of the U. S . Coast Guard,
declaring the week of April 25-May 1 , 1993 , as
Greater Puget Sound Safe Boating Week. Woods
pointed out that the spring months are the most
dangerous time of the year for boating and that
many lives can be saved by distributing safe boat-
ing information to the public, and urged all to
become aware of the potential hazards of boating,
especially during the spring months .
1
April 20, 1992
CONSENT WHITE MOVED that Consent Calendar Items A through
CALENDAR M be approved. Houser seconded and the motion
carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of the Minutes. Approval of the minutes
of the regular Council meeting of April 6, 1993 .
HEALTH & (CONSENT CALENDAR ITEM 3L)
SANITATION Rent School Administration Remodel (Amendment to
Bill of Sale) . AUTHORIZATION to delete acceptance
of that portion of the bill of sale denoting 2 , 620
lineal feet of storm sewer, as recommended by the
Public Works Committee. The location of this
storm line lies within King County jurisdiction.
WATER (BIDS - ITEM 5A)
Miscellaneous Watermain Rebuilds. The bid opening
was held on April 2nd and nine bids were received.
The low bid was submitted by Briggs Construction
in the amount of $281, 200. 99 . The Public Works
committee has recommended this bid be accepted,
subject to receipt of references. WHITE SO MOVED,
Woods seconded and the motion carried.
Kent Springs Transmission Main. Charlie Kiefer
noted that work has been done near his residence
and asked when clean-up will take place.
Wickstrom explained that there is still
restoration work to be done and that he will
contact the contractor and report to Kiefer.
STREETS (CONSENT CALENDAR - ITEM 3G)
Plant & Garden Show Ordinance. ADOPTION of
Ordinance No. 3102 authorizing issuance of a
street occupation permit to Kent Downtown Inc. ,
for a public event, and closing certain streets in
conjunction with said permit, as recommended by
the Public Works Committee.
TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3F)
Parking Policy Review. AUTHORIZATION for the
Mayor to sign the City/County Agreement for the
review of the city ' s Parking Policy/Requirements
with respect to the objectives of the Commute Trip
Reduction law and the acceptance of a $20 , 000
2
April 20, 1993
TRAFFIC CONTROL grant for same, including the establishment of its
budget, as recommended by the Public Works
Committee.
(CONSENT CALENDAR - ITEM 3I)
196th/200th street Interagency Agreement.
AUTHORIZATION for the Mayor to sign an Interagency
Agreement with King County on the 196th/200th
Street Corridor project, as recommended by the
Public Works Committee. Each year an updated
City/County agreement is required. This year' s
agreement authorizes the City to spend the
County ' s allocated $2 , 080, 000 for this project.
(OTHER BUSINESS - ITEM 4I)
(ADDED BY COUNCILMEMBER WHITE)
City Transit Board Appointments. WHITE MOVED to
confirm the Mayor' s appointments to the City
Transit Advisory Board as follows:
Appointed to serve two year terms as set forth in
the Resolution:
Randy Judkins
Don McDaniel
Michael Skehan
Robert Whalen
Frank Wiemes
Appointed to serve one year terms as set forth in
the Resolution:
Jennifer- Looney
Richard Loran
Claudia Otey
Gordon Parke
Jim White
Woods seconded and the motion carried.
COMMUNITY (PUBLIC HEARING - ITEM 2A)
DEVELOPMENT 1994 Community Development Block Grant (CDBG)
BLOCK GRANT Local Program Policies and Funding Level. The
purpose of this public hearing is to consider the
adoption of four action items for the 1994 CDBG
program, as recommended by the Planning Committee
on April 6, 1993 . The four items that need
Council approval are: (1) acceptance of 1994 CDBG
pass-through funds (estimated at $359 , 845) ; (2)
allocation of $48 , 952 to public (human) services;
3
April 20, 1993
COMMUNITY (3) allocation of $31, 011 to Planning and Adminis-
DEVELOPMENT tration; and (4) adoption of the 1994 CDBG Local
BLOCK GRANT Program Policies.
Lin Ball informed the Council that the City
qualifies to receive pass-through funds for the
1994 program, and that the estimate is approxi-
mately $72, 000 more than it was for 1993 . She
explained.the four actions that must be taken, and
noted that the Human Services Commission reviewed
the human services portion and recommends
approval.
WOODS declared the public hearing open. There
were no comments from the audience and WHITE MOVED
to close the hearing. Orr seconded and the motion
carried. ORR THEN MOVED to approve the four
action items for the 1994 CDBG Program, as
follows: (1) acceptance of 1994 CDBG -pass-through
funds (estimated at $359 , 845) ; (2) allocation of
$48 , 952 to public (human) services; (3) allocation
of $31, 011 to Planning and Administration; and (4)
adoption of the 1994 CDBG Local Program Policies.
Johnson seconded and the motion carried.
REZONE (CONSENT CALENDAR - ITEM 3C)
Venture 84 Rezone (RZ-92-3) . ADOPTION of
Ordinance No. 3100 relating to the Venture 84
Rezone, as approved by the City Council on
April 6 , 1993 .
PERMIT CENTER (OTHER BUSINESS - ITEM 4G)
Permit Process Direction. As discussed at the
Council/Department Head retreat on April 12 , 1993 ,
this item will consider action to delay establish-
ment of one organization for permit processing,
pursuant to Resolution No. 1348 adopted by City
Council at its March 16 meeting, pending con-
sideration of input from a meeting to be scheduled
by the City Council with local developers, depart-
ment heads, representatives of the Chamber of
Commerce and other interested parties.
ORR MOVED to delay establishment of one organi-
zation for permit processing, pending the outcome
of a meeting to be held on April 26 at 7 : 30 p.m. ,
in the Council Chambers, with Councilmembers,
Mayor Kelleher, Administration, Department Heads,
4
April 20, 1993
PERMIT CENTER representatives of the Chamber of Commerce, local
developers and other interested parties. White
seconded and the motion carried.
CRITICAL AREAS (OTHER BUSINESS - ITEM 4E)
Critical Areas Draft Ordinance Proposal_ This
item will consider the Planning Commission' s
recommendation on the proposed wetlands ordinance
and critical areas amendments to the Comprehensive
Plan. On March 81 1993 , the Planning Commission
voted to forward two Alternative Wetlands ordi-
nances to the City Council: Alternative A which
was the Commission' s original recommendation
(September 1992) , and Alternative B which is the
revised recommendation based on a citizen' s advi-
sory committee proposal (March 1993) . Critical
area regulations are required by the 1990 Growth
Management Act, and are considered "interim" until
the City of Kent adopts a new Comprehensive Plan
which is consistent with the State act.
Fred Satterstrom, Planning Manager, noted that in
addition to Alternatives A and B, there is a
recommendation from the Environmental Task Force
which supports Alternative B with some modifi-
cations. He noted that although A and B are
similar in many -ways, there are some significant
differences:
Wetland Permit - Alternative A requires a
separate permit for development on sites which
involve wetlands. Alternative B does not;
this alternative integrates wetland activities
into the normal SEPA/development permit
process.
Building setback line - Alternative B requires
a 15-foot building setback from the wetland
buffer zone. Alternative A does not.
Avoiding wetland impacts - Alternative B is
somewhat more permissive in allowing filling
of Class 2 and 3 wetlands, allowing up to
10 , 000 sq. ft. of wetland to be filled if
mitigated.
5
April 20, 1993
CRITICAL AREAS Single family residences/filling of wetlands -
Alternative B allows up to 2000 sq. ft. of
wetlands to be filled in order to construct a
single family residence, if mitigated and/or a
fee in lieu of mitigation is provided.
Wetland mitigation - Alternative B allows
certain wetlands to be filled, requires
mitigation for this filling activity, but does
not specify how mitigation is to occur.
Alternative A is more explicit as to how
mitigation is to occur.
Unique and Fragile areas - Kent ' s unique and
fragile areas are designated as Class 1
wetlands under Alternative B. Under
Alternative A, such areas are classified as
"wetlands of outstanding significance. "
Appeals - Under Alternative B, the wetland
delineation decision may be appealed to the
Hearing Examiner; no such appeal is specified
in Alternative A.
Satterstrom explained that when Council sent this
item back to the Planning Commission, a citizen ' s
subcommittee was created to make a recommendation
to the Commission. He noted that they met inten-
sively for over two months, that the Commission
held two workshops and two more public hearings,
and Alternative B was the result. He noted that
Alternative B contains some of the revised recom-
mendations from the subcommittee. He stated that
staff and the Environmental Task Force both
suggest putting Sections 16D and 16E back in the
ordinance. He also suggested two changes to the
Comprehensive Plan regarding aquifer recharge
areas and geologically hazardous areas, since they
are part of the package on critical areas. He
noted that the Planning Department has discussed
with the Public Works Department the possibility
of Public Works taking over the administration of
the wetlands ordinance when adopted. He explained
that the Public Works Department has a water
quality section with staff experienced in wetlands
matters, and they have a dedicated funding source.
6
April 20, 1993
CRITICAL AREAS He requested that the Council consider changing
the administering department from Planning to
Public Works where appropriate.
Ed Heineman, Vice-Chair of the Planning Commission
and Chair of the citizen's committee, noted that
two members of the subcommittee had a background
in biological education and professional work, and
in addition, biological consultants were provided
by the City of Kent. He said the subcommittee
completed a draft which the Planning Commission
approved with a few minor changes. He explained
that they presented two versions of Section 12 to
the Planning Commission. He said he feels
Alternative B is the best balanced and fairest
approach to this complex problem.
ORR MOVED to accept the Planning Commission ' s
wetlands ordinance Alternative B, with the follow-
ing modifications : 1) re-instate Section 16D and
16E, in their entirety, as recommended by the
citizens subcommittee, and 2) change the admin-
istering department from the Planning Department
to the Public Works Department, where appropriate;
and to approve the proposed critical areas policy
amendments to the City of Kent Comprehensive Plan,
and to direct the City Attorney to prepare the
necessary ordinance and/or resolution. Woods
seconded.
Michael P. Williams, 4903 Burke Avenue North,
Seattle, a professional biologist, noted that
wetlands are tightly linked with clean water, and
that clean water is a very costly resource. He
stated that Alternative B does not provide the
protection for wetlands that are claimed by the
Planning Commission. He added that Alternative A
was prepared at a great cost to the taxpayers,
over a period of eight months, and is a very
workable solution. He said that Alternative B is
not satisfactory, is poorly designed, and was put
together with a tremendous amount of bias on the
part of the pro-growth community. He warned the
Council to protect what we still have. White
asked whether the amount of fill in Alternative B
is comparable to other jurisdictions . Satterstrom
responded that the original recommendation from
7
April 20, 199Z
CRITICAL AREAS staff was to use the 1989 Federal Manual and that
the Planning Commission decided to the use the
1987 Manual, which is important because most of
the other jurisdictions in the county use the 1989
Manual and there are more wetlands under the 1989
Manual than under the 1987 Manual. He added that
both Alternatives A and B use the 1987 Manual,
therefore, less area in Kent will come under the
jurisdiction of wetlands regulations. Satterstrom
said he believes both alternatives, B more than A,
allow a greater amount of filling than in other
jurisdictions. He clarified that the Corps of
Engineers leaves the decision up to the local
jurisdictions, but a permit is required if over a
certain threshold. A gentleman from the audience
said that he had provided the Planning Commission
with information he thought would be helpful, and
spoke in support of Alternative B. Paul Crane,
landscape architect and member of the subcom-
mittee, stated that there was no shirking of any
scientific data and the U. S. Fish & Wildlife
Service, the U. S. Army Corps of Engineers, the
U. S. Environmental Protection Agency and the
National Marine Fisheries all recognize the 1967
Manual, and that under a Corps of Engineers permit
you are allowed to fill . 99 acres of wetlands, and
if it is a wetlands of significance you must go
through a laborious process to obtain another
permit. He urged that Council to look also at the
integrity of function and value of a wetland as
far as addressing wildlife and flora, and that
Alternative B allows for a larger wetland to be
preserved. Ted Knapp, 612 Bellevue Way NE,
Suite 201, Bellevue, representing the Kent Chamber
of Commerce, noted that he was on the Mayor ' s
Wetlands Task Force and the citizens subcommittee
of the Planning Commission, and distributed a
letter in support of Alternative B with the
addition of Sections 16D and 16E. He noted that
the only issue the subcommittee did not reach
consensus on was Section 12 dealing with how much
wetlands should be filled in the lower quality
wetlands. He recommended fill up to one acre
without any type of alternative analysis and up to
1 . 99 acres provided impacts to the wetlands are
minimized. Upon Mann' s question, Public Works
Director Wickstrom explained that Kent gets its
8
April 20, 1993
CRITICAL AREAS drinking water from areas east of Kent which were
annexed for municipal purposes. Orr pointed that
the Green River runs through the valley floor and
the City must consider protection of the water
supply not only for our own city, but for other
cities as well. Joe Miles, 24639 156th Avenue SE,
civil engineer, member of the Task Force, and
member of the Planning Commission sub-committee,
said that Alternative B is a good compromise
because it protects the wetlands, allows for a
moderate amount of filling, and gives exemptions
for single-family homeowners. He said that King
County allows fill up to 2500 sq. ft. , and that
Alternative B would allow 10, 000 sq. ft. He urged
the Council not to alter Section 12 to allow
increased filling. Brent Carson, 1011 Western
Avenue, Suite 902 , Seattle, representing Union
Pacific, spoke in support of Orr 's motion with one
amendment related to Section 12 . He asked the
Council to consider the requirements for mitiga-
tion. Knapp clarified for White that the
Chamber ' s recommendation is that the figure for
fills be changed to one acre. Upon comments from
Mike Williams, Mann explained that it is his
intent to let citizens know that Kent' s drinking
water comes from an area several miles outside the
city that has been annexed in, and that he is
aware of the need for keeping aquifers clean and
preserving water. Gary Volchok spoke in support
of Alternative B, and said he would like wording
that says placement of up to one acre with
approval of the Army Corps of Engineers would be
allowed in Class 3 wetlands without mitigation.
He noted that in the city limits of Kent there is
a net industrial developable acreage of 305 acres,
and that if his suggestion were adopted, it would
add 5. 5% to the total area. Carol Stoner, Chair
of the Mayor' s Environmental Task Force, said that
Alternative B will be a predictable, administrat-
able ordinance, and that the 10, 000 sq. ft. fill
in Section 12 is very important. She urged the
Council to hold to that maximum in the ordinance.
Bruce Harpham, 2625 S . 359, Federal Way, a member
of the Metro Citizen ' s Water Quality Advisory
Board and a U. S. Corps of Engineers committee,
noted that over 50% of the wetlands in Washington
have already been lost, and that 90% has been lost
9
April 20, 1992
CRITICAL AREAS in King County. He said the cumulative effects
are being seen in financial ways, as well as in
water ending up in people' s basements. He said it
has been shown that people lose whenever a wetland
is filled in, and mitigation is not an answer
because 80% of mitigation fails. He added that
Bellevue has done several studies and has a very
good ordinance. Jim Leonard, a member of the
Mayor's Task Force, agreed that the quality of the
water in the valley is very important, and that
what is discharged into the Green River has a
great affect on fish. He said that Alternative B
with the changes discussed by Joe Miles and Carol
Stoner is a viable option. A. J. Fisher, 26029
119th Drive SE, Kent, voiced concern about the
quality of life for future generations, and urged
the Council to support- Alternative A because it
provides the best protection. WHITE MOVED to make
a letter from Barbara Conner a part of the record.
Bennett seconded and the motion carried. Jack
Nelson, 601 W. Gowe, a long time resident of Kent,
representing the Carpinito Farms, spoke in support
of Councilmember Orr ' s motion to adopt Alternative
B including Section 16D and 16E. He also urged
the Council accept a change in Section 12 to in-
crease the amount of acreage that could be filled
to one acre under certain conditions. Ed Markham,
26418 Yale Court, said he supports Alternative A
although he feels it is weak, but that Alternative
B affects the wetlands even more. Rita Bailey,
20607 101 Avenue SE, said we need the clean water
that wetlands provides, and urged support of
Alternative A. Roland Cunningham, 12409 SE 211th,
also spoke in support of Alternative A, noting
that although it is a compromise, Alternative B
would be worse. Sharon Rodman, 14138 SE 238th
Lane, Kent, professional biologist, trained
wetland steward, and member of the Kent Wetland
ordinance Subcommittee, stated that Alternative B
does not offer adequate protection for wetlands
and their essential buffers because it has been
written to allow development to the maximum
allowed by Federal regulations. She strongly
recommended that the Council consider Alternative
A and that Alternative A be improved upon by
adopting the 1989 Federal Manual, as it is more
scientifically based than the 1987 Manual. Diane
10
April 20, 1993
CRITICAL AREAS Green, 21839 Frager Road, said there are wetlands
surrounding her property and recommended Al-
ternative A. She said she would .like even more
stringent rules regarding the protection of wet-
lands for wildlife.
There were no further comments from the audience
and Orr' s motion then carried with Bennett
opposed.
HAZARDOUS (BIDS - ITEM 5B)
MATERIALS Hazardous Materials Building. The bid opening was
STORAGE held on March 29th with six bids received. The
BUILDING low bid was submitted by Foss Environmental in the
amount of $45, 428 . 00 , however, this bidder should
be rejected as non-responsive. It is the Public
Works Committee ' s recommendation that the second
low bid, submitted by Safety Storage Company in
the amount of $56, 436 . 00, be accepted. WHITE SO
MOVED, Woods seconded and the motion carried.
SURPLUS (CONSENT CALENDAR - ITEM 3H)
EQUIPMENT Sales of Surplus Equipment. AUTHORIZATION of the
sale of surplus equipment at the next State
auction, as recommended by the Public Works
Committee. Disposal of this equipment was ap-
proved in the 1993 budget as a way of reducing
Equipment Rental expenses .
FRANCHISE (CONSENT CALENDAR - ITEM 3D)
Heath Techna Franchise. This date has been set
for the second reading (review) and ADOPTION of
Ordinance No. 3101 granting Heath Techna Inc. , a
franchise for ten years to construct, attach,
maintain, repair, replace, operate and use com-
munication line duct bank facilities under and
across S. 200th Street within the City of Kent.
CABLE TV (PUBLIC HEARING - ITEM 2B)
Cable TV Master and Franchise Ordinances. This
public hearing is on the City ' s proposed re-
franchising agreement with TCI Cablevision of
Washington. The entire agreement is composed of
two separate ordinances. One is the City' s Master
Cable TV Ordinance, which establishes the rights
and liabilities for any company proposing to pro-
vide cable TV service to the City of Kent. The
11
April 20, 1992
CABLE TV second ordinance is the specific franchise
ordinance with TCI , similar to a contract, that
grants TCI the right to use the City right-of-ways
for its cable communications system. The City
Attorney noted that generally neither ordinance
requires a hearing, but that he feels public input
is warranted. He added that the franchise ordi-
nance requires a second reading and recommended
that both ordinances have a second reading at . the
next Council meeting.
Assistant City Attorney Brubaker noted that TCI ' s
current franchise will expire this year and that
extensive negotiations have taken place during the
past two years to develop these ordinances. He
explained that the master ordinance would apply to
all cable providers in the city, and the franchise
ordinance is essentially a contract with TCI
Cablevision. He pointed out that Federal law
controls the rules and regulations over the cable
system. Brubaker stated that in exchange for
offering its rights-of-way, the City can contract
to obtain certain benefits for the City and for
the citizens of the City. He noted that the City
cannot regulate rates. He outlined the new ordi-
nance as follows:
1) The franchise fee will remain at 50 , as that
is the maximum allowed by law, but the ex-
panded definition of gross receipts should
create an additional income for the City of
approximately $1oo , 000 a year.
2) TCI will pay the City its costs in negotiating
the franchise.
3) New customer service and customer response
times are set.
4) The City will be given- the authority to set
rates once the law allows.
5) Discounts for senior citizens, disabled
citizens, and low income citizens.
6) Cable will be made available throughout the
city except in certain extraordinary
circumstances.
12
April 20, 1993
CABLE TV 7) Parental control devices will be provided free
of charge to customers.
8) The City will have the ability to periodically
re-evaluate TCI ' s system and its performance
level.
9) The City will have one government access
channel within six months.
10) TCI will provide improved equipment for the
Council Chambers.
11) TCI will provide an internal network allowing
one-way transmission to the fire stations.
12) Within 48 months TCI will create a fiber optic
network throughout the City and will provide
more channels and a two-way system for the
fire stations, which will also be available to
the police department and school system upon
showing of need.
13) If there is a technological advancement in the
area, that same advancement must be provided
to the City of Kent.
14) TCI will provide an emergency override system.
He noted that TCI has asked for a franchise term
of 15 years, and opined that the possibility for
expanded community outreach is excellent.
Woods declared the public hearing open. Ted
Laudenback, 21550 123rd Avenue SE, asked whether
the senior discount applies to people outside the
city limits . Ken Humbert of TCI explained that
the cable company must be franchised for each area
they work in, and that King County is now in ne-
gotiations. He added that a senior discount is
being considered by the County. Humbert also
clarified, upon a question from Barney Wilson,
that TCI does not set rates or rules on pay-per-
view, and that they are precluded by contract from
putting pay-per-view in multi-user facilities such
as the Senior Center. Bill Doolittle, 412 N.
Washington, voiced misgivings about the 15-year
13
April 20, 1992
CABLE TV franchise because of changing technology, and
expressed hope that TCI would provide stations
from Los Angles, London, or Toyko, in order to
have more choices. Brubaker noted that once fiber
optic is established the number of channels will
be greatly increased.
There were no further comments and WHITE MOVED to
close the public hearing. Orr seconded and the
motion carried. Upon White ' s request, it was
determined that both ordinances will be brought
back at the next Council meeting under Other
Business.
PROCUREMENT (OTHER BUSINESS - ITEM 4H)
CODE Procurement Code Amendments. The proposed
ordinance would amend the procurement code by
requiring reports to the Council for certain
contracts entered into, and requiring disclosure
of conflicts of interest, as well as other minor
amendments to the code. The City Attorney asked
that the words "professional and consultant" be
inserted into Section 3 . 60 . 060, C. 1 . on page 4 of
the ordinance. JOHNSON THEN MOVED for the adop-
tion of Ordinance No. 3106 amending the City' s
procurement code. Orr seconded and the motion
carried.
POLICE (CONSENT CALENDAR - ITEM 3M)
Possession of Marijuana. ADOPTION of Ordinance
No. 3103 amending Chapter 9 . 12 of the Kent City
Code relative to the possession of marijuana and
adding a definition thereto.
PARKS & (CONSENT CALENDAR - ITEM 3J)
RECREATION King County Conservation Futures Grant Funds.
ADOPTION of Resolution No. 1353 authorizing the
City to make application for grant funds through
this program, for the acquisition of land and/or
open space, as needed for: A) Kent Lagoons
Wetlands/Wildlife Enhancement project, B) the
Upper Mill Creek Canyon Park, C) the East Hill
Community Park and, D) the Riverview Park, as
recommended by the Parks Committee.
14
April 20, 1993
PARKS & (CONSENT CALENDAR - ITEM 3K)
RECREATION Acceptance of East Hill Park and West Fenwick Park
Artwork Selection. Acceptance of East Hill Park
and West Fenwick Park artwork by artist Barbara
- Grygutis. This item was passed at the Parks
Committee meeting on April 6th.
(OTHER BUSINESS - ITEM 4F)
Lake Fenwick Annexation. This annexation is a
60-acre parcel of land within the proposed expan-
sion area for the City ' s Lake Fenwick Park. The
parcel is wholly owned by the City and is con-
tiguous with existing City boundaries. As such,
the Council is empowered to annex this territory
for municipal parks and recreation purposes on its
own initiative by ordinance. Assistant Tom
Brubaker pointed out that Boundary Review Board
approval is not required, and that a Determination
of Non-Significance has been issued. WOODS MOVED
that Ordinance No. 3105 annexing certain territory
to the City of Kent for municipal purposes be
adopted. Orr seconded and the motion carried.
GOLF COMPLEX (OTHER BUSINESS - ITEM 4A)
Riverbend Gold Complex Operational Plan. The Golf
Advisory Board was formed in June, 1992 to advise
Administration and make a recommendation to the
Parks Committee on issues related to the Riverbend
Golf Complex. Following extensive review and
study of finance and operational issues by the
Advisory Board, the Council, at its January 19 ,
1993 meeting, authorized the issuance of an RFP to
seek proposals for the provision of golf services
at the Riverbend Golf Complex. The services
sought to be provided include, among other things,
starters for the 18 hole and par 3 courses, opera-
tion of the driving range and mini-putt, sales of
golf merchandise, golf lessons, power cart
rentals, the provision of course marshals and
operation of the cafe (snack bar) . In soliciting
proposals for these services, the City was inter-
ested in obtaining professional golf management as
well as financial savings to the City. In re-
sponse to the RFP, the City received ten proposals
that met the criteria set forth in the RFP. The
selection process involved two phases : 1) quali-
fication and proposal evaluation; (2) personal
15
April 20, 199.
GOLF COMPLEX interviews. Following a review of the proposals,
the Golf Advisory Board recommended to the Parks
Committee, at its April 6 meeting, that the City
negotiate a contract with SSMD Enterprises, Inc. ,
and in the event a contract could not successfully
be negotiated with SSMD, to negotiate a contract
with Golf Northwest, Inc. subject to Golf
Northwest, Inc. ' s selection of a golf director
acceptable to the City. This recommendation was
adopted by the Parks Committee.
Chief Administrative Officer McCarthy noted that
background checks, personal reference checks, and
credit checks have been done on the SSMD team, and
that they appear to be professionally and finan-,
cially able to finance and operate the golf
complex. He noted that calendar year savings
directly attributable from the contractor of
$120, 000 , reduced bookkeeping costs of $80 , 000
since city will not be in the merchandising and
food business, and the $95, 000 that is currently
budgeted for the complex provides an annual sav-
ings of nearly $300 , 000, which is 3 times what the
golf complex generated in 1992 . He said that
under the proposed contract, all revenue belongs
to the City with the contractor receiving a per-
centage fee and a fixed fee of $239 , 000. McCarthy
noted that he has met with golf complex personnel,
that all will be given interviews by the SSMD
team, and that some could fill vacant positions in
other city departments . He added that if those
options don't work out, the City will provide a
severance package and outplacement counseling.
Upon White ' s question, the City Attorney clarified
that the layoff policy from last summer may still
be in effect, and White asked that the layoff
policy be discussed by the Operations Committee as
soon as possible and that it come back to Council
within 60 days for adoption. He said it should be
a comprehensive policy, a part of which should be
seniority. When McCarthy said that input had been
solicited from Councilmembers but not all re-
sponded, Orr expressed concern that Councilmembers
were not reminded so that a policy could have been
developed.
16
April 20, 1993
GOLF COMPLEX McCarthy noted that because of a misunderstanding,
SSMD' s figures seemed to be high and that the City
compensated for that by adjusting the numbers.
White opined that in fairness perhaps both
contractors should have been negotiated with.
Lubovich clarified that the City has not negoti-
ated with SSMD yet, but that they have presented
their proposal and negotiations are still open.
He explained that this was a Request for
Proposals, that certain criteria were set out, and
that the City reserved the right to negotiate. He
noted that the same criteria was used for all
applicants. McCarthy noted, upon White' s comment,
that SSMD has committed the funds . White com-
mented that one group was allowed to bring in a
new proposal after the process, but others were
not. Lubovich responded that it is the same
proposal, that the financial aspect is only one
part of the proposal, and that what they have
proposed is more accommodating and beneficial to
the City. He said that if negotiations with SSMD
do not work out, and the City goes to Golf
Northwest, their finances will be discussed and
possibly adjusted.
BENNETT MOVED to direct Administration to negoti-
ate a contract with SSMD Enterprises, Inc. , and in
the event a contract cannot be successfully ne-
gotiated, to negotiate a contract with Golf
Northwest, Inc. , subject to Golf Northwest, Inc.
selecting a Golf Director acceptable to the City;
and to authorize the Mayor to execute an agreement
in a form similar to the one set forth in the RFP
following successful negotiation of an agreement.
Houser seconded.
Mann stated that he is not convinced that this is
in the best interest of the citizens of the City
of Kent and asked that Patrice Thorell outline
another proposal . Ms. Thorell noted that there
are many customer service improvements that can be
offered, that change is warranted and that the
Recreation Department and Golf Complex staff are
willing to work with the Golf Advisory Board to
facilitate change. She reminded the Council that
a scenario was presented on January 19 , and that
the only unfavorable comments were the lack of
17
April 20, 199"
GOLF COMPLEX City teamwork and the late timing. She explained
the compensation package and the organizational
plan of the scenario, and said that a City-run
organization would net the best results monetarily
and provide the best customer service. She added
that if the Council votes to turn the operation of
Riverbend over to SSMD Enterprises, she and the
current golf course staff will continue to be
committed to creating a cooperative City team in
the best interest of the complex and its users.
MANN OFFERED A SUBSTITUTE MOTION that the City of
Kent Parks and Recreation Department work with the
Golf Advisory Board to accomplish the goals of the
Golf Advisory Board through the creation of a
contracted City employee position to serve as
Director of Golf, hired by the City to oversee all
facets of the Riverbend Golf Complex operation,
including maintenance; the Golf Director will be
responsible for assessing the current operation
and redefining positions and job functions where
necessary; the City will create a dynamic and
cooperative team working in the best interest of
Riverbend Golf Complex and its users while being
fiscally responsible to the citizens of Kent.
White seconded. The motion to substitute failed,
with only Mann and White in favor. WHITE THEN
OFFERED A SUBSTITUTE MOTION to authorize Admin-
istration to negotiate a contract with SSMD,
Enterprises, Inc. and in the event a contract
cannot be successfully negotiated, to negotiate a
contract with Golf Northwest, Inc. subject to Golf
Northwest, Inc. selecting a Golf Director accep-
table to the City; and to submit the negotiated
agreement to Council for confirmation; Admin-
istration is also authorized to bargain with
Teamsters Local 117 the issue of ceasing main-
tenance operations at the Golf Complex and to
enter into initial discussions with the contracted
Golf Director for maintenance of the Golf Complex
subject to the outcome of negotiations with the
union; thereafter, Administration shall bring the
matter of contracting maintenance operations to
the Council for consideration.
The motion died for lack of a second.
18
April 20, 1993
GOLF COMPLEX Bennett thanked the Golf Advisory Board, the Golf
Selection Advisory Board, and staff for their work
during this process. White expressed concern that
a serious part of the operation of the golf course
is being overlooked, and that a potential conflict
between maintenance and operation of the golf
course could result. He said he would prefer to
see the entire golf course operated under one
contractor. He offered the last portion of his
motion regarding Administration being authorized
to bargain with Teamsters Local 117 the issue of
ceasing maintenance operations at the golf com-
plex, entering into discussions with the Golf
Director for maintenance, and bringing the matter
of contracting maintenance operations back to
Council, as a friendly amendment . Bennett did not
accept the friendly amendment, saying it is not
germane to the RFP. The Clerk read into the
record letters from State Representative Suzette
Cooke, Michael T. Tucker of Northern Steel, Arlene
C. and Ray H. Williams, Bill Stewart, Tom Couples
of Mohawk Northern Plastics, Inc . and Dan
McFarland of Mohawk Northern Plastics. WOODS
MOVED that the letters be made a part of the
record. White seconded and the motion carried.
The motion to direct Administration to negotiate a
contract with SSMD Enterprises, Inc. , and in the
event a contract cannot be successfully negoti-
ated, to negotiate a contract with Golf Northwest,
Inc. , subject to Golf Northwest, Inc. ' s selecting
of a Golf Director acceptable to the City; and to
authorize the Mayor to execute an agreement in a
form similar to the one set forth in the Request
for Proposals following successful negotiation of
an agreement then carried, with Mann opposed.
WHITE THEN MOVED to direct Administration to
bargain with Teamsters Local 117 the issue of
ceasing maintenance operations at the Golf Complex
and to enter into initial discussions with the
contracted Golf Director for maintenance of the
Golf Complex subject to the outcome of negotia-
tions with the union; thereafter Administration
shall bring the matter of contracting maintenance
operations to the Council for consideration.
Bennett seconded for discussion. White noted that
there have been complaints about the maintenance
19
April 20, 199?
GOLF COMPLEX of the golf course, and that without Council
direction Administration will not look into this.
White noted that the Attorney has indicated that
the procedure is to bargain first, or be guilty of
unfair labor practice. Upon Houser ' s question,
Keith Sanden, 22859 229th Avenue SE, noted that
the question of maintenance came up in preliminary
discussions and that they agreed to work with the
City to bring about a high level of maintenance,
as well as saving money for the City. Orr
expressed concern about whether or not the City
could turn over additional control to an outside
entity, and stated that someone should have seen
that the maintenance was done. White responded
that there has not been a Head of Maintenance at
the golf course for a number of months, and that
the Bond Counsel has assured him that what the
City is doing is legal .
Sue Goddard, Captain of the Riverbend Ladies Club,
noted that the maintenance staff at the course has
done a great job even without a superintendent in
charge. She noted that equipment is needed to
maintain the course. Bennett opined that the golf -
course has not been maintained properly, and that
the maintenance staff was not allowed to do their
jobs. Doug Schwab invited Councilmember White to
attend the next meeting of the Golf Advisory Board
to discuss the issue of maintenance. He agreed
that the current maintenance staff has done a
great job at the golf course. He questioned why
the City would want to give up control over the
quality of the product, and said that to enter
into negotiations at this time is premature. Orr
thanked Goddard and Schwab for their comments on
the maintenance of the course, and explained that
that is why she finds it difficult to support
trying to take maintenance away from staff.
Ms. Thorell pointed out that the City has just
completed a nation-wide search for a Golf
Maintenance Operations Manager, and that there are
approximately 45 candidates, many of whom have
Golf Maintenance Superintendent certification.
McCarthy noted that Mr. Sanden has agreed to
participate in the selection process, along with
others on the panel. Bill Doolittle said the only
way he could have commented on this issue tonight
20
April 20, 1993
GOLF COMPLEX was to put it in writing and mail it. He said
that he had comments on the motion the Council
voted on, and some serious misgivings, as well as
specific questions for some Councilmembers and
McCarthy, and that he had planned to request a
roll call vote. He said he hopes the right deci-
sion has been made, since the vote has already
been taken. Ted Laudenback spoke against
privatization of the maintenance of the golf
course, in order to maintain control. He asked
for an_ accounting ,in one year to see whether there
is a true savings. Bennett noted that the
citizens of Kent have had to subsidize the golf
course because the bond issue was not great
enough. White disagreed, noting that there were
cost overruns which were approved by Council and
Administration and that the bond issue did not
over cover those or the building of a clubhouse or
condemnation for property, and to say the citizens
have subsidized the golf course is wrong. White
then called for the question. Mann and Orr noted
that they are members of Joint Council 28 and
Local 117 and asked if anyone objected to their
voting. There were no objections . Orr explained
that she saw this not as a union issue but as what
would be in the best interests of the citizens of
Kent, which would be to maintain control of the
maintenance. White clarified for the Mayor that
the intent of his motion is to get the City to
cease maintenance operations. White ' s motion then
failed with only his vote in favor.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. Approval of payment of the
bills received through April 6, 1993 after
auditing by the Operations Committee at its
meeting on April 15 , 1993 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
4/1 - 4/15 129266-129775 $1, 682 , 997 . 30
21
April 20, 1993
FINANCE Approval of checks issued for payroll:
Date Check Numbers Amount
4/20/93 01182679-01183042 $ 636, 298 . 53
(CONSENT CALENDAR - ITEM 3E)
Acceptance of Puget Power Grant - Senior Housinq.
ACCEPTANCE of the Puget Power Grant for senior
housing in the amount of $23 , 470, as recommended
by the Operations Committee on April 6th. The
City met some energy codes and spent about $18 , 000
in addition to the original contract with
Bellewood Corporation, and is therefore eligible
to receive this grant to help offset some of the
costs .
(OTHER BUSINESS - ITEM 4B)
CLID 333 Bond Ordinance and Purchase Contract.
The Operations Committee has recommended adoption
of an ordinance establishing the consolidated LID,
fixing the amount and interest rates and providing
for the sale and delivery to Lehman Brothers and
authorization for the Mayor to sign a purchase
contract with Lehman Brothers to purchase the bonds
in the amount of $397 , 413 . The LID bonds are
being issued to provide funding for installation
of a traffic signal and improvements and for
sanitary sewer line improvements in the City' s
downtown business district and the Hilltop Avenue
north of Kent.
Acting Finance Director Miller explained that the
average interest rate is 5 . 35%, which results in
an assessment rate of 5 . 85%, that there is an
underwriting discount of 2% , and the final com-
bined bonds will be at 5 . 75% . She noted that this
is considerably lower than in the past and it will
save money for the citizens. HOUSER MOVED to
adopt Bond Ordinance No. 3104 establishing CLID
333 (LIDS 333 , 338 and 339) and to authorize the
Mayor to sign a purchase contract with Lehman
Brothers in the amount of $397 , 413 . Woods
seconded and the motion carried.
22
April 20, 1993
FINANCE (CONSENT CALENDAR - ITEM 4C)
Refunding of 1980 1986 and 1990 Voted Bonds.
Councilmember Houser asked that this item be
removed from tonight' s agenda.
(CONSENT CALENDAR - ITEM 4D)
Refunding of 1978 and 1989 Councilmanic Bonds.
Councilmember Houser asked that this item be
removed from tonight ' s agenda.
REPORTS Budget Committee. Johnson reported that the next
Budget Committee will be held at 4 : 00 Monday,
April 26 .
EXECUTIVE At 10 : 35 p.m. , the City Attorney announced an
SESSION executive session of approximately five minutes to
discuss a settlement agreement.
SETTLEMENT The meeting reconvened at 10 : 40 p.m. and WOODS
AGREEMENT MOVED to authorize the settlement of $100, 000 plus
sales tax to be paid by the City and King County
Library System in the matter of Eberharter Con-
struction v. City of Kent and King County Library
System, Cause No. 92-2-27774-3 , and that the City
Attorney is authorized to take any and all steps
necessary to finalize a settlement agreement and
to pay $50, 000 plus sales tax as its half of the
settlement plus related attorney ' s fees and costs.
Orr seconded. Upon the Mayor ' s question, McCarthy
noted that funds are available for this.
ADJOURNMENT The meeting then adjourned.
4 ,_Z� a ���
Brenda Jacaber, CMC
City Clerk
23
Kent City Council Meeting
Date Mav 4 , 1993
Category Consent Calendar
1. SUBJECT: VOTERS PAMPHLET PARTICIPATION
2 . MMY ST TEMENT:�----_8�
AR _recommended by the Operation
Committee Authorization for the �i y o par icipate in King
egional voters pamphlet for the November 1993
election Kent candidates and issues will be included in the
South King County pamphlet along with Federal, State and County
candidates and issues.
3 . EXHIBITS: Letter from King County Election Department
4 . RECOMMENDED BY: Operations 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
King County
Records and Elections Division
Election Section
553 King County Administration Bldg. _
500 Fourth Avenue
Seattle,Washington 98104 -
(206)296-1565
March 22, 1993
TO: All King County Jurisdictions
FM: Jane Hague, Manager, Records and Elections Division
RE: 1993 King County Local Voters' Pamphlet
This division will be publishing a Voters' Pamphlet for the November 1993 General
Election, in conjunction with the Secretary of State's office. We encourage your
jurisdiction's participation in the Voters' Pamphlet for your candidates and ballot
measures. We now have a six-year"track record"of publishing a Local Voters'
Pamphlet for the November election, and the response from the jurisdictions, candidates,
and voters has been very favorable. Voters now expect their local jurisdictions to be
represented in the voters' pamphlet and question us if they do not find the jurisdiction in
the pamphlet when measures or candidates are on the ballot.
The following time schedule will be in effect for the 1993 Local Voters' Pamphlet:
July 2nd Jurisdictions notify this Division if they want to participate in the
Voters' Pamphlet.
September 3rd Local Focus section is due from participating jurisdictions.
September 17th Ballot tide, Ordinance or Resolution calling for a Special Election
in conjunction with the General Election and Committee
Appointment Form are due to this Division from the jurisdiction.
Explanatory Statement prepared by jurisdiction's attorney is due io
this Division from the jurisdiction.
September 22nd Pro and con statements are due to this Division from the
committees.
September 24th Rebuttal statements are due to this Division from the committees.
We are asking that all jurisdictions complete the preliminary survey of possible Voters'
Pamphlet participation. This survey is only for our planning purposes and is in no way
binding upon your jurisdiction. Please return this preliminary survey by May 14, 1993.
Kent City Council Meeting
Date May 4 , 1993
Category Consent Calendar
1. SUBJECT: HARRISON HOUSE - CANOPY & TRELLIS
2 . UMMARY STATEMENT: --- As_recommanded e Operations
�Com�mitte -dam their April 20 meeting, pp oval of tie low bid
for -co�uction of the Harrison House c nopy and trellis, in
the amount of $49, 434 (includes bid bond . The budget for the
project is $60, 000, which will allow for the cost of meeting
sprinkler requirements, not included in the bid amount.
3 . EXHIBITS: Memo to Operations Committee dated 4/20/93
4 . RECOMMENDED BY: Operations Committee (3-0)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $49 , 434 plus authorizing the sprinkler
system for the canopy, not to exceed the budget
SOURCE OF FUNDS: Senior Housing Project -- Harrison House
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3D
MEMORANDUM
DATE: April 20, 1993
TO: Christi Houser, Operations Committee Chair
Operations Committee Members
FROM: Alana McIalwain, Administrative Services Manager
SUBJECT: Senior Housing Canopy and Trellis Bid Acceptance
The bids for the Senior Housing Canopy and Trellis have been received. The low bid was made by
Robinson and Company in the amount of$49,434 (includes bid bond). This addition to the project
was discussed with the Operations Committee at the January 19, 1993 meeting with an allocation
of $60,000. It is requested that the low bid be recommended for acceptance and placed on the
Consent Calendar for the May 4th City Council meeting.
Thank you for your consideration.
Kent City Council Meeting
Date May 4 . 1993
Category Consent Calendar
1. SUBJECT: WATER CONSERVATION PLAN - PUBLIC HEARING DATE
2 . SUMMARY STATEMENT: Authorization to set May 18 44r the
public hearing date on the City' s proposed Water Conservation
Plan, which amends the City' s existing Water Conservation Plan.
3 . EXHIBITS: Public Works Committee Minutes, memorandum from
Public Works Director , Water Conservation Plan
4 . RECOMMENDED BY: Public Works Committee (2-0 vote) with Jim
White's approval for placement of this item on Consent Calendar
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
FISCALJPERSONNEL 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
PUBLIC WORKS COMMMEE
APRIL 21, 1993
PRESENT: PAUL MANN ED WHITE
JIM BENNETT JOHN BOND
TONY McCARTHY ROBYN BARTELT
GARY GILL MAY MILLER
TOM BRUBAKER MR & MRS RUST
CHIEF ED CRAWFORD
ABSENT: JIM WHITE
DON WICKSTROM
James Street Safety Improvements
Bennett stated that in his opinion, the real safety issue on James
Street is the left turns into the Church. Chief Crawford stated
that yellow lights do work in trying to take care of specific
merging problems . Gary Gill stated that staff is planning to
install additional flashing lights closer to Summit on James St.
John Bond said this installation will be completed in 60 days.
Gill explained that Ed white is planning to contact Ron Benson from
City Transfer and revisit the issue about alternative access in and
out of the church site because they had talked to staff at one time
about acquiring easements from property owners just east of the'
church parking lot site and constructing a new driveway access up
onto Alvord St. This then would take them to an intersection which
would help solve that problem.
Water Conservation Plan
Robyn Bartelt stated that approval of Kent ' s Water Comprehensive
Plan is contingent upon the City having a water conservation
element. This plan has been prepared based on the guidelines from
the Dept of Ecology, Dept of Health and the WA Water Utility
Council. Bartelt further stated that this plan details how the
City intends on meeting the goals of the 6 . 5% water reduction by
1995 and 8% by the year 2000 . Bartelt noted that also included in
the plan is a projected budget impact and it is estimated that it
will be incorporated into the 1994 budget. Bartelt explained that
some of the major costs would include printing and distributing a
quarterly newsletter, which would be printed in-house, and
technical studies which will be showing the consumption history on
the utility bill. Bartelt said that the plan itself basically
addresses key areas such as public education, technical assistance
programs, systems measures and incentives and requirements .
1
Bartelt stated that she feels that public education will be one of
the key areas< to reach the public. Bartelt stated that as
recommended by' the Public Works Dept-. we need to adopt the plan by
ordinance. Brubaker asked the Committee if they wish to move
forward on this plan, he will draft an ordinance and include it in
the packet for the next Council meeting, May 4th.
Committee directed Brubaker to draft an ordinance adopting the
Water Conservation Plan as an element of the City ' s Comprehensive
Water Plan.
Bennett made a comment at this time stating that the small change
theater was an excellent idea. Bennett also made. a comment
relative to the pressure reduction paragraph in the plan stating
that he is concerned with the lowering of pressure because most
fire mains are built to a minimum standard without an extra
"cushion" . Gill explained that we have a computerized model of our
water system that we use thru CH2M Hill. Thru this model we can do
a very in-depth analysis as to what a system can deliver for fire
protection. This is a primary element in the design of our entire
water system.
In response to McCarthy, Bartelt stated that the quarterly
newsletter would be going out with the utility bills. In response
to Bennett, Bartelt said the budget for this comes out of the water
utility fund. ---
DEPARTMENT OF PUBLIC WORKS
APRIL 14, 1993
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM (0
. RE: WATER CONSERVATION PLAN
Attached you will find the City of Kent ' s Water Conservation Plan
and budget impact. Formal approval by King County of our
Comprehensive Plan is tied to the development of this Water
Conservation Plan.
Previous City Council action adopted the King County Resolution
establishing the conservation goals but King County requires an
actual plan on how we are going to achieve those goals . The City
of Kent Water Conservation Plan will meet the requirements of King
County and the South King County Coordinated Water System Plan.
As noted, the attached indicate the implementation/costs of this
plan. It is proposed said costs to be incorporated into the 194
budget. Actual adoption of this would be by an ordinance, for
which a draft thereof will be available at the meeting. The Public
Works Department recommends adoption of this Plan.
ACTION: Recommends adoption of the Water Conservation Plan and
incorporating it as part of the City' s adopted Water System Plan.
CITY OF KENT
WATER CONSERVATION PLAN
BUDGET IMPACT
PROGRAM ELEMENT FIRST YEAR YEARLY
Public Education
Small Change.Theatre $ 1 ,950 $ 1 ,950
Program Promotion
Lawn watering calendar 100 100
Conservation brochures 2,500 1 ,000
Quarterly newsletter 8,000 8,000
Library material - videos, books 1 ,000 300
Technical Studies
Bill showing consumption history 8,000 5,000
(based on 12,500 monthly statements,
initial set up $2,800, $350 monthly)
TOTAL $21,550 $16,350
CITY OF KENT
WATER CONSERVATION PLAN
1993
This documents ummarizes the guidelines for water conservation activities for the City
of Kent in keeping with the elements of the South King County Coordinated Water
System Plan (SKC CWSP) and King County Ordinance #9461 . The conservation plan
is designed to improve the efficient delivery of water, reduce the amount of water
wasted in the delivery process, and increase the available water supply. The City of
Kent, in addition to other Puget Sound region communities, realize that water is a life-
essential, limited resource that needs protection, preservation and conservation.
The City of Kent has been an active participant in the South King County Regional
Water Associatiorr (SKC RWA) having implemented various water conservation
programs identified in their Guidelines for Water Conservation Programs adopted May
21 , 1991 .
WATER USE DATA COLLECTION REQUIREMENTS
As identified in the Interim Guidelines prepared by the Department of Ecology,
Department of Health, and Washington Water Utilities Council, minimum data
collection is required to project public water system demands and to provide a basis
for the evaluation of the effectiveness of conservation programs. The year 1991 has
been selected as the baseline year for identifying per capita consumption. Data
collection for a six year period between 1991 and 1996 is desired to determine and
evaluate consumption trends and the effectiveness of conservation programs. The
data collection schedule for Kent is shown below by data type and frequency.
*source of supply meter - daily reading
*service meter usage recorded
single family - every two months
multi-family - every two months
commercial/public/industrial - every month
irrigation/community system - semi-annual
*unaccounted for water
*annual total by source
*peak day/peak month
*population served
*conservation data
WATER DEMAND FORECAST
The Interim Guidelines identify appropriate demand forecasting methodology for public
water systems to evaluate supply demands. Kent's water demand has been forecast
through the Water System'Plan for the City of Kent and includes total water demand
forecasting as well as separate projections for residential and commercial/industrial
consumption. The projections are in line with those projected under the SKC CWSP.
Factors used in developing future demand forecasts will include water use, land
use/zoning/capacity, water rates, and conservation savings as recommended in the
Interim Guidelines.
WATER CONSERVATION PROGRAM
Kent's Water Conservation,Program is outlined below. Program elements previously
implemented as indicated in the SKC RWA Recommended Water Conservation
Program (attachment A), include program promotion, single family/multi-family
conservation kits, water leak detection, meters for all customers, and seasonal pricing.
In addition, the City has implemented several water conservation programs with the
SKC RWA. Kent will continue to work with the SKC RWA to develop and implement
programs at the regional level as well as the local level.
Kent recognizes the need for long range conservation planning to meet future water
demands. In December, 1992, the City hired a Conservation Specialist to coordinate
the water conservation program. In addition, as shown in the Water System Plan for
the City of Kent, other than obtaining a portion of the supply from Tacoma's Green
River Pipe Line #5, future source development involves constructing an Impoundment
Reservoir. Said impoundment reservoir would store excess winter flows from existing
sources (Clark Springs, Kent Springs and Pipe Line #5) for utilization during the peak
summer demand period. This will result in conserving the regions ground water
resources which would normally be tapped to meet the peak summer demands.
Details of Kent's Water Conservation Program, including program objectives,
elements, level of participation, schedule for implementation and budget are detailed
in this report.
PROGRAM OBJECTIVES
To meet the City's goals of attaining a 6.5% water reduction by 1995 and 8%
reduction by the year 2000, the conservation program will achieve the following
objectives:
-2-
*improve efficient delivery of water
*reduce the amount of water wasted in the delivery. process
*increase the available water supply
*coordinate and support services and programs with adjacent water purveyors
*reduce peak daily consumption
*reduce peak monthly consumption
*reduce total annual consumption
*develop public awareness and education
ASSESSMENT OF CONSERVATION ACTIVITIES
The recommended conservation programs outlined in the Interim Guidelines are
grouped into four categories: (1 ) public education, (2) technical assistance, (3)
system measures, and (4) incentives/requirements. The Interim Guidelines require
Kent to implement a. moderate program as identified in attachment A. Kent's water
conservation plan includes conservation elements above and beyond the minimum
elements identified in the Interim Guidelines.
PUBLIC EDUCATION
The public education programs which the City is implementing are discussed below.
These meet the requirements of the Interim Guidelines and include school outreach,
speakers bureau, program promotion, and theme shows and fairs.
School Outreach Programs - Since 1991, the City of Kent has been involved in
securing and scheduling the "Small Change Theatre" to perform plays at local
elementary schools to teach children about the importance of water conservation.
Additional programs and activities will be developed to include school presentations,
tours of facilities, special projects involving students of all ages, and assisting with
preparation of curriculum material.
With the development of a conservation material library, schools will have access to
educational materials to assist with water conservation programs in their classrooms.
Speakers Bureau - The City of Kent will work cooperatively with the South King
County RWA to develop a speakers bureau. City staff will be available to give
presentations to groups, organizations, schools, businesses, and local residents, to
encourage water conservation practices. Kent will prepare slide and video
presentations with copies of video presentations on water conservation available for
review at local libraries.
-3-
Program Promotion - In 1991 and 1992, Kent worked cooperatively with the SKC
RWA to distribute lawn watering calendars to area residents and will incorporate the
lawn watering schedule into a summer watering campaign. Kent also distributes
water conservation information through it's utility bills and through articles in the local
newspaper. Brochures produced by the Seattle Water Department, Department of
Ecology, Department of Health, and other regional water agencies are also available
at local libraries, City facilities and departments.
The City will be producing an "Environmental Awareness" brochure/newsletter for
distribution which will include water conservation tips and information.
Special "How To" classes and workshops will be offered to citizens to show methods
of installing home water conservation devices, to provide information on types of
devices available, water conservation ideas and methods for the home and business,
outdoor watering techniques, water conserving landscape ideas and alternatives, how
to read a water meter, and water supply sources and issues.
A "Home Water Conservation Survey was conducted in September 1991 in
cooperation with the SKC RWA, the cities of Bellevue, Everett, Fife, Kent, Puyallup
and Tacoma. Results of the survey will be incorporated into public education
programs.
The development of a conservation library will include a wide range of multi-media
materials. Brochures, pamphlets, books, portable displays, slide and video -
presentations relating to water conservation will be available to use at fairs, town
meetings, community events, public meetings, schools and businesses.
Theme Shows and Fairs - The City of Kent provides staff, water conservation
materials and displays to local and regional theme shows, fairs and the annual City of
Kent Town Meeting. Exhibits are available to use at events throughout the area.
TECHNICAL ASSISTANCE
Kent currently offers assistance to customers within it's service area, in addition to
working with the SKC RWA and other purveyors to provide technical assistance to
customers as well as researching and conducting technical studies.
Purveyor Assistance - The City of Kent will continue to work with other purveyors to
provide assistance in developing and implementing conservation plans. The City's
participation in the Water Conservation Coalition of Puget Sound and regional
coordination in developing and implementing programs for the Puget Sound area, can
greatly increase the effectiveness of water conservation.
-4-
Customer Assistance - Through the development of educational programs and
information, and the training of staff on water conservation methods and devices, the
City will provide direct assistance to customers to facilitate water conservation.
Technical Studies - In 1991 , the City of Kent, South King County RWA and other
purveyors, hired Market Data Research to conduct a residential indoor water use
survey. Survey results included customer's perceptions of available water supplies,
customer behavior and attitudes, and current knowledge and use of conservation
practices. Customers were also asked to respond to diffe7ent conservation options
available to assure future water supplies. Information collected from the survey will
be used to develop appropriate conservation programs. The survey will be conducted
in future years to audit changes in customers conservation practices, awareness and
attitudes. Future plans will also include water audits of commercial and industrial
customers.
The City will continue to work with the SKC RWA and other water purveyors to
collect data and research new technology to develop new programs which will
produce measurable water savings.
Bill Showing Consumption History - Kent will be implementing new programming on
their customer water bill showing a graph depicting water consumption history, thus
encouraging water conservation.
SYSTEM MEASURES
System measures include a 100 percent metered system, unaccounted water/leak
detection, and high technology meters.
Metered Systems - The City of Kent requires metered systems for all domestic and /or
industrial consumption of water. Additionally, all water service connections and
plumbing must conform to relevant Washington State plumbing codes and City of
Kent standards.
Unaccounted Water/Leak Detection - In 1991 , the City conducted a leak survey of the
oldest sections of town. A very minimum number of leaks were found and repaired.
The City's inspection, repair, and replacement program is ongoing as a part of the
preventive maintenance program.
High Technology Meters - In recent years, the City's water system was upgraded to
include a state-of-the-art automated computerized control and telemetry system.
-5-
INCENTIVES/REQUIREMENTS
Incentives and requirements for the water conservation plan include single
family/multi-family retrofit kits, new conservation practices for nurseries and
agriculture, landscape management, conservation pricing, utility financed retrofit,
mandatory seasonal water restrictions, potential,recycle/reuse,and pressure reduction.
Single Family/Multi-Family Retrofit - The City distributes kits containing water saving
devices at it's annual town meeting in addition to educational and informational
materials. The City of Kent Home Repair Program is also available to low-income and
elderly residents to assist in installing devices and making minor repairs. Kent will
work with the SKC RWA, Tacoma Water Division, Seattle Water Department, City of
Everett, the BPA, and other utilities, to distribute devices in a regional effort. Kent
will also look at programs and methods to deliver water conservation kits and
information to single family and multi-family customers.
Nurseries/Agriculture - The City will continue to encourage the application of new
technology for irrigation systems that will achieve greater irrigation efficiency. A
computerized irrigation system was installed during construction of the City's new
golf course in 1991 , to increase efficiency in irrigation. Water for the irrigation
system is taken from on-site wells. City facilities and departments will continue
working together to promote and publicly demonstrate water conservation practices.
Landscape Management/Playfields - Kent will continue to encourage the use of low -
water demand landscaping by commercial, industrial, public and private water
customers throughout the area. Public education materials, workshops,
demonstrations and use of the speakers bureau, will be utilized to promote new
landscaping ideas and methods to achieve greater irrigation efficiency.
City Departments will work together to inventory properties, facilities, and develop
plans for repairs and upgrades to irrigation systems. Results of Tacoma's landscape
pilot study will be reviewed to help develop outdoor irrigation conservation measures
and future landscape standards.
Conservation Pricing - In July, 1992, The City of Kent implemented seasonal water
rates to encourage water conservation. Implementation of the water bill showing
consumption history and providing customers with education and information relating
to water conservation will encourage wise and efficient use of water.
Utility Financed Retrofit - The City and SKC RWA will review program options for
utility financed retrofit. Potential programs range from rebates to providing fixtures
at the system's cost or at no cost. Kent's local retrofit program as discussed earlier
is financed through the City's water fund.
-6-
Mandatory Seasonal Restrictions - The City has adopted "Water Shortage Emergency
Regulations establishing methods and regulations for rationing water during a water
shortage emergency. Future plans also include preparing a waste water ordinance
focusing on wasteful uses of water such as gutter flooding, watering sidewalks and
driveways, etc., and an outdoor watering policy such as watering schedules to reduce
peak day impact on the system.
Recycling/Reuse - The City of Kent is attending meetings with METRO on possible
water reuse. METRO is considering a regional study to look at potential
recycling/reuse opportunities. Kent will continue to examine possibilities for water
reuse and recycling as a method to reducing water demands. An example would be
to encourage reuse of water through water rates which provide an incentive for major
industrial water users to develop treatment/reuse/recycle systems.
Pressure Reduction - Pressure reduction is used throughout the City. Due to terrain,
Kent's water system is comprised of five distinct pressure zones. Additionally, several
of these zones are further subdivided into two or three subzones. While this provides
a working pressure of 35-85 PSI throughout the system, it also makes the system
very complicated and difficult to maintain. Any further breakdown of the service area
will require weighing the operational integrity and reliability of the system against any
conservation gain.
MONITORING REQUIREMENTS
Monitoring and evaluating the individual conservation measures during and after
implementation of the conservation plan are essential to judging the effectiveness of
the plan. It is important to develop reliable data to use in analyzing the actual water
use after the conservation plan has been in place for a period of time, to identify
whether goals and objectives are being met. This process can identify areas of the
program that need to be changed. Periodic review and evaluation to "fine tune" the
plan is important. Factors such as population, growth rate, and revenue will be taken
into account when an evaluation is conducted. Looking at change in population and
growth rate will help determine what effect the changes have on the demand for
water.
Important monitoring data to keep for each conservation measure includes:
1 . The number of customers-affected by the measure in each category, i.e. the
number of customers who received a bill insert, brochures, read newspaper
articles, etc.
2. The amount of conservation literature and /or devices distributed for each
measure.
-7-
3. The expected amount of savings from each of the distributed conservation
devices.
4. The number of customers who actually received conservation devices or
responded to offers of assistance.
5. The number of customers who actually installed the conservation devices.
6. The average water used in a specific activity by each category of customer
before implementation of a conservation measure targeted for that activity
and after implementation of the conservation measure.
7. Data on how changes in weather affect the demand for water in particular
activities targeted for conservation measures.
SUMMARY
Implementation of the water conservation plan will have numerous benefits on our
environment. Saving water today will improve wildlife and fisheries habitat, increase
the aesthetic and recreation value of streams and rivers, and protect water sources
for meeting future demands.
-8-
CITY OF KENT
WATER CONSERVATION PLAN
PROGRAM ELEMENT % REDUCTION IN WATER USE
1995 GOAL 2000 GOAL
A. PUBLIC EDUCATION 1 1 .5
1 . School Outreach
Small Change Theatre
Presentations
Tours
Special Projects
2. Speakers Bureau
3. Program Promotion
Lawn Watering Calendars
Brochures and Information
Classes and Workshops
B. TECHNICAL ASSISTANCE 2.5 3
1 . Purveyor Assistance
2. Customer Assistance
3. Technical Studies
Residential Indoor Water Survey
Residential Water Audit
Commercial/Industrial Water Audit
4. Bill Showing Consumption History
C. SYSTEM MEASURES 1 1
1 . Metered System
Source
Service
2. Unaccounted Water/Leak Detection
3. High Technology Meters
D. INCENTIVES/REQUIREMENT 2 2.5
1 . Single Family/Multi-Family Retrofit Kits
2. Nurseries/Agriculture
3. Landscape Management/Playfields
4. Conservation Pricing
5. Utility Financed Retrofit
6. Mandatory Seasonal Restrictions
Water Shortage Emergency Regulations
Draft Waste Water Ordinance
Draft Outdoor Watering Policy
7. Recycle/Reuse
8. Pressure Reduction
-9-
CITY OF KENT
WATER CONSERVATION PLAN
PROGRAM ELEMENT IMPLEMENTATION SCHEDULE BUDGET
1991 199Z 1993 1994 1995 1996
A. PUBLIC EDUCATION
1. School Outreach -------------------------------------------------------
Small Change Theatre ------------------------------------------------------ $1,950/year
Presentations ------------------------
Tours - -----------------------
Special Projects ------------------------------------
2. Speakers Bureau ------------------------------------_
3. Program Promotion ------------------------------------------------ ------
Lawn Watering Calendars ------------------------------------------------------- $100/year
Brochures and Information ------------------------------------------------------- $8,000
Classes and Workshops ---------------------------
Conservation Library ------------------------------------- $1,000
B. TECHNICAL ASSISTANCE
1. Purveyor Assistance --------------------------
2. Customer Assistance ---------------------------
3. Technical Studies -------------------------------------------- ----------
Residential Indoor Water Survey -------------------- $5,000/survey
Residential Water Audit ----------------- $80/sf $501mf
Commercial/Industrial Water Audit ----------------- $150/customer
4.Bill Showing Consumption History ------------------------------------ $8,000 first year
$5,000/year
C. SYSTEM MEASURES
1. Metered System -------------------------------------------------------- customer pays
Source -------------------------------------------------------
Service --------------------------------------------------------
2. Unaccounted Water/Leak Detection ------------------------------------------------------- $.035 I.f.
3. High Technology Meters --------------------------------------------------------
D. INCENTIVES/REQUIREMENT
1. Single Family/Multi-Family Retrofit --------------------------------------------------------
2. Nurseries/Agriculture ------------------------------------------------------
3. Landscape Management/Playfields ----------------------------
4. Conservation Pricing -------------------------------- ------------
5. Utility Financed Retrofit ---------------------------
6. Mandatory Seasonal Restrictions
Water Shortage Regulations -------------------------------------------- -----------
Draft Waste Water Ordinance ----------------
Draft Outdoor Watering Policy -----------------
7. Recycle/Reuse --------------------------
8. Pressure Reduction -------------------------------------------------------
sf--single family, mf--multi-family
I.f.-linear foot
ALL PROGRAMS ARE FINANCED THROUGH THE CITY OF KENT WATER FUND/CONSERVATION
PROGRAM UNLESS OTHERWISE NOTED. COSTS OTHER THAN OVERHEAD ARE SHOWN.
-10-
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Kent City Council Meeting
Date May 4 , 1993
Category Consent Calendar
1. SUBJECT: REITH/CAMBRIDGE TANK REPAINTING - ACCEPT AS
COMPLETE
2 . SUMMARY STATEMENT: Authorization to accept as complete the
contract with Olsen Brothers for the Reith Road and Cambridge
Water Tank Repainting and Safety Improvements.
3 . EXHIBITS: Public Works Committee Minutes, memorandum from
Public Works Director and vicinity map
4 . RECOMMENDED BY: Public Works Committee (2-0 vote) with Jim
White' s approval for placement of this item on 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. 3F
DEPARTMENT OF PUBLIC WORKS
APRIL 14, 1993
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM
RE: REITH/CAMBRIDGE TANK PAINTING - ACCEPT AS COMPLETE
This project consisted of painting a 250, 000 gallon steel elevated
water tank and a 1 million gallon steel ground level water tank,
which also includes safety improvements (structural) .
The project was awarded to Olsen Brothers Painting on November 6 ,
1990 for the bid amount of $129 , 366 . 63 . The final construction
cost was $105, 082 . 54 .
ACTION: Recommend the project be accepted as complete.
Restricted Parking ordinance
Ed White requested that this item be tabled until a meeting is held
between Public Works, Police, Planning and Connie Epperly and
Sharon West, to work out a better solution to this problem.
Committee unanimously agreed to table this item until staff reports
back with results of the meeting.
Safeway/Langston Landing
Ed White displayed a drawing showing left turns in and out of
Safeway and K-Mart onto Washington Avenue. White stated there are
two possible options to the problem, the first option being to
allow left turns into K-Mart and Safeway but restricting the left
turns coming out. White stated that the second option does nothing
for Safeway and gives K-Mart the same options that they have right
now. Safeway would be restricted to a right in, right out, only.
Gill stated that there is approximately 1300 feet between Willis
St. and Meeker St. The only plausible way of trying to space it
enough so there would be adequate turn-in pockets at each
intersection and still provide safe turning movements into and out
of both sites mid-way between the intersections, would be to put a
signalized intersection at a common driveway. Gill stated this
would require state approval for a new signal; it would also
require Safeway and K-Mart to reconstruct their driveway access
points . After further discussion, White stated that he will make
the necessary contacts at K-Mart and Safeway and along with the
Legal Dept and Police Dept, present them with our options and see
if something can be worked out.
Committee unanimously agreed with this plan of action.
(� Reith/Cambridge Tank Painting
Gill stated that this contract is complete and is ready for final
acceptance.
Committee unanimously agreed to accept the project as complete.
Downtown Infrastructure
Due to the absence of Raul Ramos, Committee unanimously agreed to
postpone discussion of this item.
Vehicle Auction
Committee commended staff in the results of the sale of the surplus
vehicles at the State auction. There was no further discussion.
3
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Kent City Council Meeting
Date May 4 . 1993
Category Consent Calendar
1. SUBJECT: 80TH AVENUE S. PAVING/REPAIR - BILL OF SALE
2 . Y STA EME ommended by the ks
ommit cceptance of the bill of sa a and warranty
agreement submitted by Glacier Park Company for cj
operation and maintenance of 2 , 770 feet of water
extension, 180 feet of sanitary sewer extension,
street improvements, and 2 , 050 feet of storm sewe
vicinity of 80th Avenue South, between S. 180th S
188th Street, and release of bonds after expirati
maintenance period.
3 . EXHIBITS: Public Works Committee Minutes, memorandum from
Public Works Director and vicinity map
4 . RECOMMENDED BY: Public Works Committee (2-0 vote) with Jim
White' s approval for placement of this item on 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. 3G
DEPARTMENT OF PUBLIC WORKS
APRIL 14, 1993
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM ZV
RE: 80TH AVENUE PAVING/REPAIR - BILL OF SALE
Glacier Park Company, the developer for this project, has
improvements on Both Avenue from S
completed the paving and repair .
180th St. to S . 188th St.
ACTION: Recommend the bill of sale be accepted for this project
and bonds released after the one year maintenance period.
Bills of Sale
-may/ Committee unanimously agreed to accept all Bills of Sale on the
following projects:
80th Ave S Paving/Repair
Sanitary Sewer Extension • Alley Between 2nd and 3rd Avenues
Watermain Extension - 900 Block of 2nd Ave.
Meeting adjourned at 7 : 00 pm.
4
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Kent City Council Meeting
Date May 4 , 1993
Category Consent Calendar
1. SUBJECT: SANITARY SEWER EXTENSION - BILL OF SALE -
_. .._._
2 . SUMMARY STATEMENT: As recommended by the Public Works
( Committer. c-aptH1Tc�-of' the-b o� saY'a z4 arran y agree-\
m`enIL4 mi ed by Paul Morford for continuous operation and \
maintenance of 286 feet of sanitary sewer extension and release)
of bonds after expiration of the maintenance period. This
project is in the alley between 2nd & 3rd Avenue, north of Col
Street.
3 . EXHIBITS: Public Works Committee Minutes, memorandum from
Public Works Director and vicinity map
4 . RECOMMENDED BY: Public Works Committee (2-0 vote) with Jim
White ' s approval for placement of this item 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. 3H
DEPARTMENT OF PUBLIC WORKS
APRIL 14, 1993
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM.8w
RE: SANITARY SEWER EXTENSION - BILL OF SALE
(ALLEY BETWEEN 2ND & 3RD AVENUES)
Paul Morford, developer of this project, has completed the
improvements for the sanitary sewer extension in the alley between
2nd and 3rd Avenues .
ACTION: Recommend the bill of sale be accepted for this project
and bonds released after the one year maintenance period.
Bills of Sale
'—y committee unanimously agreed to accept all Bills of Sale on the
following projects.:
80th Ave S Paving/Repair
Sanitary Sewer Extension • Alley Between 2nd and 3rd Avenues
Watermain Extension - 900 Block of 2nd Ave.
Meeting adjourned at 7 : 00 pm.
4
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Kent City Council Meeting
Date May 4 . 1993
Category Consent Calendar
1. SUBJECT: WATERMAIN EXTENSION - BILL OF SALE
2 . Y STA"E NT- ---- As recommended the Public Works
Committee; cceptance of the bill of sale and warr y
agreement submitted by Paul Morford for continuous operation
and maintenance of 327 feet of watermain extension, 320 feet o
street improvements and 65 feet of storm sewer improvements an
release of bonds after expiration of the maintenance period.
This project is in the 900 block of 2nd Ave. N.
3 . EXHIBITS: Public Works Committee Minutes, memorandum from
Public Works Director and vicinity map
4 . RECOMMENDED BY: Public Works Committee (2-0 vote) with Jim
White' s approval for placement of this item on 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. 3I
DEPARTMENT OF PUBLIC WORKS
APRIL 14, 1993
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM
RE: WATERMAIN EXTENSION - BILL OF SALE
(900 BLOCK OF 2ND AVENUE)
Paul Morford, developer of this project, has completed the
improvements for the watermain extension in the 900 block of 2nd
Avenue.
ACTION: Recommend the bill of sale be accepted for this project
and bonds released after the one year maintenance period.
Bills of Sale
committee unanimously agreed to- accept all Bills of Sale on the
following projects.:
80th Ave S Paving/Repair
Sanitary Sewer Extension • Alley Between 2nd and 3rd Avenues
Watermain Extension - 900 Block of 2nd Ave.
Meeting adjourned at 7 : 00 pm.
4
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Kent City Council Meeting
Date May 4 . 1993
Category Consent Calendar
1. SUBJECT: PERFORMING ARTS CENTER PRE-PLANNING - RELEASE OF
FUNDS
2 . SUMMARY STATEMENT: Authorization to release $30, 000 from
budgeted CIP funds for the second phase, or pre-planning phase,
of the Performing Arts Center. The resulting schematic design
drawings, business plan and model of the final design will be
used for community selling tools for a bond issue.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Parks Committee (3-0 vote) ; Performing Arts
Center Task Force
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6 . EXPENDITURE REQUIRED: $30, 000
SOURCE OF FUNDS: 1992 CIP
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3J
l
/ Kent City Council Meeting
Date May 4 , 1993
% Category Consent Calendar
1. SUBJECT: METRO SUBS DIZED BUS TICKETS
2 . SUMMARY STATEMENT: Approval of two actions for Metro
subsidized bus tickets, as recommended by the Planning Committee
on April 20, 1993 : 1) allocation of Kent ' s portion of funds,
$5, 207, as proposed in the provider allocation plan (attach-
ment B) ; and 2) authorization for the Mayor to send a letter to
Metro outlining Kent' s approved allocation of funds.
3 . EXHIBITS: Memo, memo dated 1/8/93 from Metro, Resolution
No. 6443 , Memo dated 2/18/93 from King County,
Attachment A & B, and Planning Committee Minutes of
4/20/93
4 . RECOMMENDED BY: Planning Committee (2-0 vote) Jim Bennett
approved placement of this item on 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. 3K
CITY OF ���� CITY OF KENT
PLANNING DEPARTMENT
(206) 859-3390
MEMORANDUM
May 4 , 1993
��IIcC9Y�
MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS
FROM: RACHEL Y. JOHNSTON, PLANNER
SUBJECT: METRO SUBSIDIZED BUS TICKETS
Attached for your review are copies of a letter from Metro to Mayor
Dan Kelleher, Metro Council Resolution No. 6443 , memorandum from
Melora Battisti of King County, Human Services Ticketbook Funding
Allocation (Attachment A) and Proposed Provider Allocation Plan
(Attachment B) .
In January 1992 , the Metro Council formed a Transit Fare Task Force
to study fare issues and develop a fare structure recommendation to
the full council. One of the components of the Task Force' s
recommendation was the allocation of subsidized tickets for human
services needs . Since this was compatible with one of the higher
priority transit fare goals of minimizing impacts on those least
able to pay, the Metro Council adopted this recommendation as part
of the 1993 transit program budget.
To accomplish this goal, Metro Council adopted Resolution No. 6443
which enabled them to allocate in 1993 $200, 000 for subsidized bus
tickets for human services transportation. To use these tickets
human services agencies would match 25% of the cost of the tickets
and Metro would pay for the remaining 75% of the cost. Therefore,
$200, 000 from Metro and $66, 667 from human service agencies would
provide $266 , 667 worth of bus tickets.
Of the $200, 000 , Seattle will receive $109 , 752 and the remaining
$90, 248 will be apportioned to unincorporated King County and 10
cities within the County. The allocation was based on a formula by
poverty population - number of households receiving less than
$15, 000 annually. According to 1990 Census data, Kent has 2 , 668
such households. Thus, Kent is apportioned $5, 207 for subsidized
bus tickets. This amount cannot be acquired by Kent as funding,
but rather "set aside" as a valuated amount which Metro will
disburse directly to designated human services agencies that serve
low income Kent residents.
The Seattle-King County Coalition for the Homeless was the
motivation for Metro to adopt Resolution No. 6443 . The Coalition
informed Metro of the urgent transportation needs of the homeless
population, specifically, the need for clients to get to and from
shelters and other services. Consequently, the Metro Transit Task
Force recognized the need for Metro to respond.
Metro Subsidized Bus Tickets
May 4 , 1993
Page 2
Recently, the County Shelter Providers Committee of the Seattle
King County Coalition for the Homeless proposed a management plan
for distribution of Metro subsidized bus tickets to homeless
clients. In developing the plan, several agencies serving METRO
homeless households and other low-income populations outside
Seattle were invited to participate. The Proposed Allocation Plan
(attachment B) includes the list of agencies and the amount of
money they can contribute (agencies' 25% match) to purchase bus
tickets. . Each city on Metro' s list (attachment A) and the County
are being asked to direct their allocation to fund the plan. If
all jurisdictions commit their portion, all agency requests can be
fully funded.
The providers were able to generate a total of $30, 083 (25% of
ticket cost) as their match. King County and the suburban cities
will contribute their METRO allocation of $90, 248 (75% of ticket
cost) to enable the providers to purchase metro bus tickets valued
at $120, 331 during 1993 .
This Plan will cover a two year period. New allocations awarded in
1994 will be apportioned in the same manner as 1993 unless Cities
request differently.
The Planning Committee approved this proposal during their April
20th meeting.
Requested Action:
1. Approval to allocate Kent ' s portion of funds ($5, 207) as
proposed in the Provider Allocation Plan (Attachment B) .
2 . Authorization for the MAYOR to send a letter to METRO
outlining Kent ' s approved allocation of funds.
RJ/mp:a:citycon.mtg
cc: James P. Harris, Planning Director
Lin Ball
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]Muni ipality of Metropolitan Seattl� 1"2
Exchange Building • 821 Secon /Avenue • Seattle,Washington 98104-159S Vorrh.Imerica's Best
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January 8, 1993 J�1N 2 1993
OFFICE OF THE MAYOR
The Honorable Dan Kelleher
Mayor of Kent
City Hall, 220 S. 4th
Kent, Washington 98031
Dear Mayor Kelleher:
I am pleased to inform you that the Metro Council has authorized the allocation of
subsidized tickets for human services needs in the 1993 transit program budget. The
purpose of the program is to provide access to shelter and support services for those people
least able to pay. Metro has authorized the allocation of $200,000 worth of subsidized
tickets which will be valid on all Metro bus and paratransit service. This represents a 75
percent subsidy on the face value of the tickets, with the other 25 percent to be paid for by
human service providers. This will be the first year of a two year pilot program.
The tickets will be available beginning Tuesday, February 16, 1993. A new fare structure
goes into effect on Saturday, February 13, 1993. One-zone and two-zone peak and off-peak
CPeterson
ll increase 1 s wi e 1.10 and $1.60.
risdictions and King County are responsible for directing their allocations tickets,
g determining the eligibility of, and amount provided, each human service prove
d is a copy of the resolution and ticket funding allocation for your jurisdiction.
ave a representative from your jurisdiction contact Maggie Davis (684-1653) or
rson (684-2104) at Metro by February 1, 1993 in order to let us know whether yourion is interested in participating in the program. If you would like to participate,send you information on program procedures. We look forward to hearing from
Sincerely,
C
Paul A. Toliver
Director of Transit
PAT:JP
Enclosures
Transit Department • (206) 684-2100 • Mobility for the region
RESOLUTION NO. 6443
1 A RESOLUTI014 of the Counr.il of the rlunicipalit-y of
Metropolitan Seattle establishing the allocation of
j subsidized tickets for human services transportation
needs in 1993 ,
3
4 WHEREAS, on September 19, 1972, the voters of the
5 Seattle-King County metropolitan area authorized the Municipality
6 to perform the function of metropolitan public transportation
7 pursuant to chapter 35.58 RCW; and
8 WHEREAS, the 1993 Transit Fares Task Force recogtli7ed
9 an increased need for access to public transportation for the low
10 income and homeless population; and
11 WHEREAS, on June 4 , 1992, the Council adopted the 1993
3.2 transit budget by Resolution No. 6391, which in part provided
13 $200,000 for subsidized tickets for human services transportation
3.4 needs; and
15 WHEREAS, it is the intent. of the council that
16 subsidized tickets be distributed to human services providers by
1.7 local jurisdictions and Kind County to assist in meeting human
18 services transportation needs;
19 NOW, THEREFORE, BE IT RESOLVED by the Council of the
2U Municipality of Metropolitan Seattle that the following human
21 services subsidized ticket allocation program is hereby
22 established, effective February 13 ,• 1993 .
23 Section-A. The Municipality of Metropolitan Seattle .
24 shall provide tickets in various denominations to human service
25 providers, subject to the following terms:
26 a) Metro shall. subsidize the cost of tickets provided
27 under this program at 75 percent of their face
28 value. This subsidy, and the tickets it will fund
29 at 75 percent, shall. be allocated in the Metro
30 service area according to local government
31 jurisdictions and King County as set forth in
32 Attachment A.
33
>) Local jurisdictions and King County shall be
1 responsible for directing their respective
2 allocations of tickets to human service providers
3 serving low income and homelraGs populations. The
4 local jurisdictions and 'King County shall
determine the eligibility of, and the amount to be
G given, each human service provider.
c) Upon receiving authorization from a local
D Jurisdiction or King county, human service
9 providers may purchase their authorized allotment
30 of tickets from Metro by paying the remaining 25
1.1 percent value of the tickets.
12 d) Tickets are valid on all Metro bus and paratransit
3.3 service.
34 EPotion 2 . Tickets which are availablo subject to the
15 terms of this program may be purchased from February 1, 1993
1G through December 31, 1993 .
17 Section 3 . Metro will implement appropriate
3R udministrative proceduro, and reporting requirements to ensure
19 accountability and present program information in tho form of a
20 report provided by the 'Transit Director.
23 ADOPTED by the Counci3 of the Municipality of
22 Metropolitan Seattle at a regular meeting thereof held on the
2.3 15th day. of October, 1992.
24
25 Thomas J. Kraft
Chair. of the Council
2G
ATTEST:
27
28 _
Annnie Mattson
29 Clerk of thG Council
30
3)
32
33
)RESOLUTION 110. 6143 - PAGE TWO
V U
FEB 2 2 lqZ
King County
Planning and Community IIWWW
TNo
Development Division
Parks,Planning and
Resources Department
707 Smith Tbwer Building
506 Second Avenue
Seattle,Washington 98104
(206)296-8650
February 18, 1993
TO: Suburban Cities Human Services Manage/rrs,
FM: Melora Battisti , Housing Planner /► r p
Regional Policy and Programs Section
RE: Metro Bus Ticket Allocation Plan
This memorandum transmits the proposed plan to allocate Metro bus tickets to a
variety of human services providers in King County. The plan is proposed by
the County Providers Committee of the Seattle-King County Coalition for the
Homeless. Tickets are available beginning February 15 and can be used
indefinitely. To enable providers to purchase the tickets as soon as
possible, each jurisdiction is asked to review this plan and respond by March
13, 1993.
Proposed Allocation Plan �,
According to Metro's distribution plan (attachment A) , $90,248 is available to
jurisdictions outside the City of Seattle, (column C) . When this amount is
matched by the agencies' 25% contribution (column D) , the actual dollar value
of the tickets is $120,331 (column Q . Please note that all other cities not
listed in attachment A, and the unincorporated area of the County are included
in the amount identified for King County.
In developing this plan, over 25 agencies serving homeless households outside
Seattle were invited to participate. Several were added at the request of
particular cities. The proposed allocation plan (attachment B) includes the
list of agencies and the amount of money they can contribute to purchase bus
tickets. This amount represents the agencies' 25% match. Agencies with no
dollar figure did not respond to the invitation to participate.
Jurisdiction Response
Each city on Metro's list and the County are asked to direct their allocation
to fund this plan. If all jurisdictions commit their portion, all requests
can be fully funded. The agencies can generate a total of $25,783 as their
match. This amount will use $77,349 of the jurisdictions' allocation (out of
the $90,248 available) . As a result, $12,899 of the jurisdictions'
allocations is unused.
(continued on reverse)
Suburban Citits.,Human �er 'ices Managers
February 16, 1993
Page 2
t_
There are several ways to address the remaining amount. These include:
carrying the funds over to 1994; having cities contribute $4,300 as the 25%
match to help agencies purchase more tickets, or reserving a percentage of the
balance of $12,899 for each jurisdiction to allocate separately. This
allocation would range from $59 for Mercer Island to $2,966 for King County
depending on the percentage allocation listed on the attachment. Metro based
these percentages on the jurisdiction's share of households earning less than
$15,000 annually.
Please contact me at 296-8647 by March 13 to let me know if your city will
direct its funds to support the plan and how you would like to deal with the
small amount of remaining tickets available.
MB:d319
Attachments
cc: Jan Dickerma►i, Multi-Service Centers of North and East King County
Maggie Davis, Sales and Customer Service, Metro
Ray Moser, Chief, Regional Policy and Programs Section
ATTACHMENT A
REVISED
Human SerVlc13 Ticketbook Funding Allocation
Households Percent Motro'a Human SaMce Aatud
of Total Allocation . A"nCW DoUr Value
R ibit Of Tkkstz
Auburn • 3 059 2.88% 5,970 • 1 990 s 7,960
934 3.84% 7 877 2,659 10,236
Mat s 1,078 .05% 2 104 701 5
Wa 3 1 3.06% 8 1 4 2 03I! 15
2 888 2. 5 207 1 73 U42
kRiand 21004 1.9$�6 3,911 1304 14
Merw Itlana 47 0.46% 9 9 810 1 439
ttwdm�d 11,21M 1.3796 7 647 849 3 6
Renton 3.26% 9 510 172T c 1.6496 ,27'1 1 0 4sent 54.8 % 109 762 3 :) 1 38 2300% 46 003 16 3 4 61,338
TOT000 ie$ eeg7 62d6 887
•.Source: 1Q90 Census Data - Household Income & Modion Household Income in 1999
•• Othpr cities grouped in with King County
ATTACHMENT B
REVISED
Proposed Provider AlloCatlon Plan
Agency Jurisdictions' Total Value
Agency Name Contribution Allocation of Tickets
- Mat h) (Metro
AuOum 0 Resouress # 11000 30
Catholic ComMUnity 6a ices-Kent 300 1,2
Catholic Cammunity Ser►+icee . Kina Counly 2,000
tic W ►mns' Network (DAWN) 1,500 -4o§00 61000
Eastilde Cbm stic Violence Program 1 600 4 5 6,20
nd Fr s of Yogth . 1 600 4,52L 6 000
FIDPE 300 1,200
Multi Service enters of N&E King County 4 500 13 b00 i 000
Salvation A • East Sid* 2 400 3.2oo
YWCA North & South County— OQO 2e 32
S, ring QounryMulti-Servl Center 6,000 15,000 20
t, Vine P ul 100 300 400
Kent Vs n Youth Service 210 AW
KI*I$T!d latedsiti, Trsnsttional Housina 200
000
Des Mol Police ChaDfain Fund 126 3756
es Mental Heafth 100
Eutslde Opportunity en er §00 1 600 2,000
5t. Vftent Kqly Family.- 100 4
St. vincem St. Brendsn' East 1 4
001
St. VIncent St, t "-East 100 3w
St Vw4gnt Sacred H art East 100 00 40Q
o -mlaku ��� r�en� ...iso 1 o 00
Renton Salvnion Arm 400 1 2 1
CommunityHu Centers of KM Couns 176 1525 1 25
King County Vggrans Services 810 2,4 0 3,240
Renton Ana Youth &,Famjjy Services 500 1 2,000
FIE&& Firg, South King Coun 809 2,427 3,236
Auburn St. Vincent 400 1 200 1 600
Kern t. Vincent 100 3 400
WA W n Employment & Education 100
Me r island Youth & Family Services 205 1 fills 820
CITY OF
CITY COUNCIL PLANNING COMMITTEE
April 20, 1993 4 : 00 PM
dFT®III'!«
Committee Members Present City Attorney' s Office
Leona Orr, Chair Laurie Evezich
Jon Johnson
Planning Staff other City Staff
Lin Ball Tony McCarthy
Jim Harris
Margaret Porter Guests
Fred Satterstrom
GROWTH MANAGEMENT UPDATE - (F. Satterstrom)
First, Planning Manager Fred Satterstrom reported that the Growth
Management Service Agreement from King County will be coming to the
Committee on May 18, 1993 . Second, Mr. Satterstrom reported SHB 1761
passed in the Legislature that gives a one year extension for the
completion of the Comprehensive Plan under the Growth Management Act, but
no extension on the development regulations were given. Fred said this
will double the work.
Planning Director Jim Harris requested to bring back Potential Annexation
Areas to the Committee on May 18, 1993 . The action then will be
forwarded to the City Council with the intent to annex resolution.
METRO SUBSIDIZED BUS TICKETS - (J. Johnston)
Planner Rachel Johnston stated in January 1992 , the Metro Council formed
a Transit Fare Task Force to study fare issues and develop a fare
structure recommendation to their full council. One of the components of
the Task Force' s recommendation was the allocation of subsidized tickets
for human services needs. To accomplish this goal, Metro Council adopted
Resolution No. 6443 which enabled them to allocate in 1993 $200, 000 for
subsidized bus tickets for human services transportation. To use these
tickets human services agencies would match 25% of the cost of the
tickets and Metro would pay for the remaining 75% of the cost.
Therefore, $200, 000 from Metro and $66, 667 from human service agencies
would provide $266, 667 worth of bus tickets. Of the $200, 000, Seattle
will receive $109 , 752 and the remaining $90, 248 will be apportioned to
unincorporated King County and 10 cities within the County. The
allocation was based on a formula by poverty population - number of
households receiving less than $15, 000 annually. According to 1990
CITY COUNCIL PLANNING COMMITTEE MINUTES
APRIL 20, 1993
PAGE 2
Census data, Kent has 2 , 668 such households. Thus, Kent is apportioned
$5, 207 for subsidized bus tickets. This amount cannot be acquired by
Kent as funding, but rather "set aside" as a valuated amount which Metro
will disburse directly to designated human services agencies that serve
low income Kent residents. The County Shelter Providers Committee of the
Seattle King County Coalition for the Homeless proposed a management plan
for distribution of Metro subsidized bus tickets to homeless
clients. Representatives of King County and suburban cities recruited
additional agencies that serve low-income individuals. Planner Johnston
reported a revision to the Proposed Provider Allocation Plan with
additional agencies and the allocated amounts. Staff requested that the
following actions be approved:
1. Approval to allocate Kent' s portion of funds ($5, 207) as
proposed in the Provider Allocation Plan (Attachment B) .
2 . Forward to full City Council for consideration at its May 4th
meeting, and authorization for the MAYOR to send a letter to METRO
outlining Kent' s approved allocation of funds.
Councilmember Johnson MOVED and Chair Orr SECONDED a motion to approve
the aforementioned two(2) actions. Motion carried.
ADDED ITEMS:
SEWER EXTENSION TO CITY OF SEATAC - (L. Orr)
Chair Orr mentioned that over a year ago the item of sewer extension to
the City of SeaTac went to the Public Works Committee which accepted the
"engineering concept" to extend the sewer across the river. Then, this
item came to the Planning Committee. The Planning Committee voted to
disapprove the request to extend the sewer. When the item came to the
City Council, the City of SeaTac pulled the item from the agenda. Orr
said the advise from our City Attorney Roger Lubovich is for this item to
come back to the Planning Committee for review to reaffirm the decision.
If this is still the Committee' s decision, then he recommended forwarding
this to the City Council for action. Chair Orr asked Jim Harris to call
the City of SeaTac about the issue and Mr. Harris will report on what he
finds out` at the May 4 , 1993 meeting.
SHORT PLAT PROCEDURES
Planning Director Harris requested that this project be brought back to
the Committee in late June or July 1993 .
ADJOURNMENT
The meeting adjourned at 4 : 30 p.m.
PC0420.MIN
Kent City Council Meeting
Date May 4 , 1993
Category Consent Calendar
1. SUBJECT: REAPPOINTMENTS TO SATURDAY MARKET ADVISORY BOARD
2 . SUMMARY STATEMENT: Confirmation of the Mayor ' s reappoint-
ment of Dorothy Woodruff, Midge Sweley, Helen Kubera and Marian
Pagarigan to Saturday Market Advisory Board.
3 . EXHIBITS: Memorandum from Mayor Kelleher to City Council
President Woods and City Councilmembers dated
4/27/93
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: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3L
MEMORANDUM
TO: JUDY WOODS, CITY COUNCIL ES[DE T
CITY COUNCIL MEMBERS
FROM: DAN KELLEHER, MAYOR
DATE: APRIL 27, 1993
SUBJECT: REAPPOINTMENTS TO SATURDAY MARKET ADVISORY BOARD
I have recently reappointed Dorothy Woodruff, Midge Sweley, Helen Kubera and Marian Pagarigan
to the Saturday Market Advisory Board. Ms. Woodruff and Ms. Sweley's terms will continue to
10/95 and Ms. Kubera and Ms. Pagarigan's terms will continue to 10/94.
I submit this for your confirmation.
DK:jb
Aar
MEMORANDUM
TO: DAN KELLEHER, MAYOR
JUDY WOODS, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: JON JOHNSON, CITY COUNCIL MEMBER 7
DATE: MAY 4, 1993
SUBJECT: CITY COUNCIL EXCUSED ABSENCE
I would like to request an excused absence from the May 4, 1993 City Council meeting.
Thank you for your consideration.
JJ:jb
MEMORANDUM
TO: DAN KELLEHER, MAYOR
JUDY WOODS, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS �.� '�
FROM: JIM WHITE, CITY COUNCIL MEMBER `
DATE: MAY 4, 1993
SUBJECT: CITY COUNCIL EXCUSED ABSENCE
Due to illness, I would like to request an excused absence from the May 4, 1993 City Council
meeting.
Thank you for your consideration.
JW:jb
Kent City Council Meeting
Date May 4 , 1993
Category Other Business
1. SUBJECT: CABLE TV - MASTER ORDINANCE
2 . SUMMARY STATEMENT: This ordinance establishes the City's
general rights and obligations applicable to any Cable TV
provider who chooses to do business within the City.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Operations Committee and Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
that Ordinance No. , enacting a master ordinance for Cable
TV compliance, be adopted.
DISCUSSION:
ACTION•
Council Agenda
Item No. 4A
MASTER ORDINANCE
ORDINANCE AN ORDINANCE of �—
the City of Kent,
cable television
Washington relating to repealing
regulations , new
communicatio2p93 and establishing and
ordinance requirements, obligations
of maintenance and
conditions, as
duties construction,
operation of cable communication systems
may be authorized under franchise with the
City.
TABLE OF CONTENTS
Kent Code
Section Section Heading Page
7 . 12 . 010 Short Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
7 . 12 . 020 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
7 . 12 . 030 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
7 . 12 . 040 Franchise to Install and operate. . . . . . . . . . . . . . 7
7 . 12 . 050 Police Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 . 12 . 060 Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 . 12 . 070 Public Hearing on Application. . . . . . . . . . . . . . . . 11
7 . 12 . 080 'Considerations at Public Hearing . . . . . . . . . . . . . 12
7 . 12 . 090 Council Determinations . . . . . . . . . . . . . . . . . . . . . . . 13
7 . 12 . 100 Procedure for Renewal of Franchise. . . . . . . . . . . 13
7 . 12 . 110 Transfer of Ownership. . . . . . . . . . . . . . . . . . . . . . . . 15
7 . 12 . 120 Acceptance of Franchise. . . . . . . . . . . . . . . . . . . . . . 16
7 . 12 . 130 Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
7 . 12 . 140 Franchise Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 . 12 . 150 Franchise Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 . 12 . 160 Indemnity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 . 12 . 170 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 . 12 . 180 Franchisee ' s Obligations to the Public. . . . . . . 19
7 . 12 . 190 City ' s Right to Make Improvements . . . . . . . . . . . . 20
7 . 12 . 200 Permits Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
7 . 12 . 210 Compliance. . . 26
7 . 12 . 220 Customer Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
7 . 12 . 230 Telephone Response. . . . . . . . . . . . . . . . . . . . . . . . . . . 28
7 . 12 . 240 Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7 . 12 . 250 Senior Citizen Discount. . . . . . . . . . . . . . . . . . . . . . 30
7 . 12 . 260 Cable Availability. . . . . . . . . . . . . . . . . . . . . . . . . . . 30
7 . 12 . 270 Extraordinary Installation. . . . . . . . . . . . . . . . . . . 30
7 . 12 . 280 Distribution Line Extension Charges. . . . . . . . . . 31
7 . 12 . 290 Nondiscrimination. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
7 . 12 . 300 Programming. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7 . 12 . 310 Technical Standards . . . . . . . . . . . . . . . . . . . . . . . . . . 32
TABLE OF CONTENTS
Kent Code
Section Section Heading Page
7 . 12 . 320 Preventive Maintenance. . . . . . . . . . . . . . . . . . . . . . . 33
7 . 12 . 330 Parental Control Devices. . . . . . . . . . . . . . . . . . . . . 33
7 . 12 . 340 Equalization of Civic Contributions. . . . . . . . . . 33
7 . 12 . 350 Subordinate to City. . . . . . . . . . . . . . . . . . . . . . . . . . 34
7 . 12 . 360 Obligation to Comply Promptly. . . . . . . . . . . . . . . . 34
7 . 12 . 370 Transfer of Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
7 . 12 . 380 No Recourse Against city. . . . . . . . . . . . . . . . . . . . . 35
7 . 12 . 390 Subsequent Action. . . . . .. . . . . . . . . . . . . . . . . . . . . . . 35
7 . 12 . 400 Modification by Franchisee . . . . . . . . . . . . . . . . . . . 35
7 . 12 . 410 Cable System Evaluation. . . . . . . . . . . . . . . . . . . . . . 36
7 . 12 . 420 Record Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
7 . 12 . 430 Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
7 . 12 . 440 Termination and Revocation. . . . . . . . . . . . . . . . . . . 38
7 . 12 . 450 Remedies to Enforce compliance. . . . . . . . . . . . . . . 39
7 . 12 . 460 Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
7 . 12 . 470 Effect on Prior Franchises. . . . . . . . . . . . . . . . . . . 39
7 . 12 . 480 Incorporation by Reference. . . . . . . . . . . . . . . . . . . 40
Appendix "A" - Customer Service Standards
ORDINANCE
AN ORDINANCE of the City of Kent,
Washington, relating to cable television
communications regulations , repealing
Ordinance 2093 and establishing new
conditions, requirements, obligations and
duties of construction, maintenance and
operation of cable communication systems as
may be authorized under franchise with the
City.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HERE
ORDAIN AS FOLLOWS:
Section 1• Repealer.
Ordinance 2093 of the City of Kent, Washington, adopted
5/19/78 (enacting Chapter 7 . 12 of the Kent City Code) , regulating
the construction, maintenance and operation of a cable
communications system within the City of Kent, establishing and
defining terms, conditions, rates and charges , requirements,
obligations and duties and setting forth penalties is hereby
repealed.
GTV Master Ord. - Page 1 of 41
Section 2 : The following new Chapter 7 . 12 shall be added to the
Kent City Code:
Sec. 7 . 12 . 010. Short Title.
This Ordinance shall constitute the "Cable Communications
Ordinance" of the City and may be referred to as such.
Sec. 7 . 12 . 020 . Purpose.
It is the purpose of this Ordinance to regulate in the public
interest the operation of cable - communications systems and their
use of the public streets by establishing procedures for the
granting and termination of franchises, by prescribing rights and
duties of operators and users of cable communications systems, and
by providing generally for cable communications service to the
citizens of Kent.
Sec. 7 . 12 . 030 . Definitions.
For the purposes of this Ordinance, the following terms,
phrases, words, abbreviations and their derivations shall have the
meaning given in this section. When not inconsistent with the
context, words used in the present tense shall include the future
tense, words in the plural number include the singular number, and
words in the singular number include the plural number.
A. "Access Channels" . Those channels designated and
maintained by a cable communications system for programming not
originated or procured by the system, including, but not limited
to, local government, educational and public access channels.
B. "The Act" . The Cable Television Consumer Protection and
Competition Act of 1992 , and any subsequent amendments.
GTV Master Ord_ - Page 2 of 41
C. "Addressability" . The ability of a system allowing-__
franchisee to authorize by remote control customer terminals
receive, change or to cancel any or all specified programming.
D. "Affiliate" . A condition of being united, being in
close connection, allied, or attached as a member or branch.
E. "Applicant" . Any person or entity that applies for a
franchise.
F. "Basic Services" . Those broadcast and non-broadcast
services provided by the cable Franchisee at the lowest monthly
charge as defined by The Act or rules now or subsequently adopted
by the FCC.
G. "Cable Services" , "Cable Communications System" , or "CATV
System" . These words are used interchangeably for the purpose of
this ordinance and are terms describing a system employi -q
antennae, microwave, wires, wave-guides, coaxial cables or otY
conductors, equipment, or facilities designed, constructed or used
for the purpose of:
1. Collecting and amplifying local and distant
broadcast, television, or radio signals and
distributing and transmitting them;
2 . Transmitting original cablecast programming not
received through television broadcast signals ;
3 . Transmitting television pictures, film and
videotape programs not received through broadcast
television signals, whether or not encoded or
processed to permit reception by only selected
receivers; and
4 . Transmitting and receiving all other signals ;
digital , voice and audio-visual .
CATV Master Ord. - Page 3 of 41
H. "Channel" . A single path or section of the spectrum
which carries a television signal .
I . "Character Generator" . A device used to generate
alpha-numerical programming to be cablecast on a cable channel .
J. "City" . The City of Kent, a municipal corporation of the
State of Washington, in its present incorporated form or in any
later reorganized, consolidated, enlarged or reincorporated form.
K. "Council" . The City Council of the City of Kent or any
future body constituting the legislative body of the City.
L. "Data Communications" . Either (i) the movement of
encoded information by means of electrical or electronic
transmission systems or (ii) the transmission of data from one
point to another over communications channels.
M. "Dwelling Units" . Residential living facilities as
distinguished from temporary lodging facilities such as hotel and
motel rooms and dormitories, and includes single family residential
units and individual apartments, condominium units, mobile homes
within mobile home parks, and other multiple family residential
units.
N. "FCC" . - The Federal Communications Commission, a
regulatory agency of the United States Government.
0. "Franchise" . The authorization granted under this
Ordinance in terms of a franchise, privilege, permit, license or
otherwise to construct, operate and maintain a cable communications
system within all or a specified area in the City. This term,
under any such authorization in whatever form granted, shall not
mean and does not include any license or permit required by other
t.
laws, ordinances or rules of the City for the privilege of
GTV Master Ord. - Page 4 of 41
transacting and carrying on a business within the City, or fr—
construction, reconstruction, repair, maintenance or use on, ov
or under any public rights-of-way.
P. "Franchise Agreement" . A document entered into between
the City and a franchisee that sets forth the terms and conditions
under which the franchise will be exercised.
Q. "Franchisee" . Any person, firm or corporation granted a
franchise by the City under this ordinance and the lawful
successor, transferee or assignee of such person, firm or
corporation.
R. "Gross Revenues" . Any and all receipts and revenues
received directly or indirectly from all sources other than
transactions related to real property receipts by a franchisee not
including any taxes on services furnished by a franchisee, imposed
on any subscriber or used by any governmental unit, agency or
instrumentality and collected by a franchisee for such enti
provided also that net uncollectible debts are not considered as
revenue under this definition.
S . "High Definition Television (HDTV) " . A television system
that will provide sharper picture definition than the current U. S.
Standards, 525 lines per frame.
T. "Headend" . The electronic equipment located at the start
of a cable system, usually including antennas, preamplifiers,
frequency converters, demodulators and related equipment.
U. "Insertion Point(s) " . Location(s) where institutional
programming can be initiated for distribution throughout the
secured portion of the subscriber network.
CATV Master Ord. - Page 5 of 41
V. "Installation" . The connection of the system from feeder
cable to subscribers ' terminals.
W. "Institutional Services" . A CATV system designated
principally for the provision of non-entertainment services to
schools, public agencies or other non-profit agencies, separate and
distinct from the subscriber network, or on secured channels of the
subscriber network.
X. "Interactive Services" . Services provided to subscribers
where the subscriber either (i) both receives information
consisting of either television or other signals and transmits
signals generated by the subscriber or equipment under his/her
control for the purpose of selecting what information shall be
transmitted to the subscriber or for any other purpose; or (ii)
transmits signals to any other location for any purpose.
Y. "Interconnect" . The sharing of video, audio and/or data
transmissions between two or more cable systems , institutional
networks and/or users .
Z . "NCTA" . The National Cable Television Association.
AA. "Operator" . The person, firm or corporation to whom a
franchise is granted pursuant to the provisions of this Ordinance:
BB. "Person" . Any natural person and all domestic and
foreign corporations, associations, syndicates, joint stock
corporations, partnerships of every kind, clubs, business and
common law trusts and societies.
CC. "Premium Services" . Programming over and above the basic
services provided by a franchisee, for which there is an additional
charge.
GTV Master Ord_ - Page 6 of 41
DD. "Property of Franchisee" . All property owned, install
or used by a franchisee in the conduct of its business in the Ci. ,.
under the authority of a franchise granted pursuant to this
Ordinance.
EE. "Proposal" . The response, by a person, entity or
corporation, to a request by the city regarding the provision of
cable services ; or an unsolicited plan submitted by an individual
or organization seeking to provide cable services in the City.
FF. "Public Way" or "Street" . The surface, the air space
above the surface and the area below the surface of any public
street, including, but not limited to, any public alley, boulevard,
drive, right-of-way or sidewalk under the jurisdiction of the City.
GG. "Subscriber" . A person or entity receiving for
consideration, direct or indirect, any service of a franchisee ' s
cable communications system.
Sec. 7 . 12 . 040 . Franchise to Install and operate.
A. Authority, to Grant Franchise. The Council may grant a
non-exclusive franchise for all or any defined portion of the
City. The service area shall be the entire area defined in a
Franchise Agreement between the City and a franchisee. The
initial service area shall be that portion of the Franchise
Area scheduled to receive initial service, as stated in the
Franchise Agreement.
B. Grant. In the event that the Council shall grant to a
franchisee a nonexclusive, revocable franchise to construct,
operate, maintain and reconstruct a cable communications
.system within the Franchise Area, or renew an existing
franchise, said franchise shall constitute both a right and an
obligation to provide the services of a cable communications
CATV Master Ord. - page 7 of 41
system as required by the provisions of this Ordinance and the
Franchise Agreement. The Franchise Agreement shall include
those provisions of a franchisee' s Application for Franchise
that are finally negotiated and accepted by the Council and a
franchisee.
Any franchise granted under the terms and conditions
contained herein shall be consistent with federal, state and
local laws and regulations. In the event of conflict between
the terms and conditions of the franchise and law or statutory
requirements , the law or statutory requirements shall control .
Any franchise granted is hereby made subject to the
general ordinance provisions now in effect or hereafter made
effective. Nothing in the franchise shall be deemed to waive
the requirements of other codes and ordinances of the City
with regard to permits, fees to be paid or manner of
construction.
C. Franchise Required. No cable communications system shall be
allowed to occupy or use the streets in the Franchise Area or
be allowed to operate unless the City has granted a franchise
for such system in accordance with the provisions of this
Ordinance.
D. Establishment of Franchise Requirements. The City may
establish requirements reflecting changing technology,
economic or legal issues as appropriate that may affect a new
or renewal franchise at such time that these applications are
received.
E. Duration. The term of any new franchise and all rights,
privileges, obligations and restrictions pertaining thereto
shall be as established in the Franchise Agreement, unless
terminated sooner as hereinafter provided.
GTV Master Ord. - page 8 of 41
F. Franchise Nonexclusive. Any franchise granted shall
nonexclusive. The City specifically reserves the right
grant, at any time, such additional franchises for a cable
communications system as it deems appropriate, provided
however, that such additional grants shall not operate to
materially modify, revoke, or terminate any rights previously
granted to any Franchisee.
Sec. 7 . 12 . 050 . Police Powers.
Nothing in this ordinance or in any agreement awarding a
franchise in accordance herewith shall be construed as an
abrogation by the City of any of its police powers .
Sec. 7 . 12 . 060 . Application.
Each application for the granting of an initial franchise to
construct, operate or maintain any cable communications system - n
the City shall be filed with the City Clerk, be accompanied by4
non-refundable processing fee in an amount to be determined by the
City and shall also contain or be accompanied by the following
information:
A. The name, address and telephone number of the applicant;
B. A detailed statement of the corporate or other business
entity organization of the applicant, including but not
limited to, the following and to whatever extent may
reasonably be required by the City:
1. The names, residence and business addresses of all
officers and directors of the applicant;
2 . The names and addresses of all persons having,
controlling or being entitled to have or control
five percent (5%) or more of the -ownership of +-'le
GTV Master Ord. - Page 9 of 41
applicant, either directly or indirectly, and the
-- respective ownership share of each such person;
3 . A detailed description of all previous experience
of the applicant or the owners of the applicant in
providing cable communications and in related or
similar fields;
4 . A detailed and complete recent financial statement
prepared by or under the supervision of certified
public accountants, and of any corporation owning a
majority or more of the voting stock of the
applicant;
5 . A detailed financial plan showing the financial
resources required to construct and operate the
proposed system, together with satisfactory
evidence of the availability to applicant of
funding requirements in excess of applicant ' s own
cash resources not otherwise committed;
C. A detailed statement of the proposed plan of operation of
the applicant, which shall include:
1. A statement of the area proposed to be served by
cable and a proposed time schedule, not in conflict
with this Ordinance, for installation of all
equipment necessary to complete energization
throughout the entire service area ;
2 . A statement or schedule setting forth all proposed
classifications of rates and charges to be made
against subscribers and all rates and charges as to
each of the classifications including installation
charges and service charges, which shall remain in
effect for not less than twelve (12) months
following the grant of franchise; provided that a
franchisee by this requirement shall not be
UTV Master Ord_ - Page 10 of 41
precluded from initiating a rate revision prior to
the twelfth month, to be effective thereafter;
3 . A detailed, informative and referenced statement
describing the actual equipment and operational
standards proposed by the applicant, including when
applicable administrative and technical procedures
for interconnection of access channels and for
safeguarding the privacy of return signals will be
installed. In no event shall the operational and
performance standards be less than those contained
in the rules of the FCC;
4 . A copy of any agreement proposed to be entered into
between the applicant and any subscriber;
5 . A statement setting forth the substance of, and
names of persons party to, all agreements existing
or proposed between the applicant and any other
person which materially relate to or depend upon
the granting of the franchise;
D. A copy of any agreement with respect to the Franchise
Area existing between the applicant and any public
utility providing for the use of any facilities of the
public utility; and
E. -Any other reasonable information requested by the City,
or its designee, or required by any provision of any
other ordinance of the City, or deemed pertinent by the
applicant.
Sec. 7 . 12 . 070 . Public Hearing on Application.
The Council shall, upon receipt of an application for a
franchise under this Ordinance, promptly schedule a public hearing
upon the application before the City Council , and the City Clerk
shall publish notice thereof in a newspaper of general circulation
GTV Master Ord. - Page 11 of 41
within the City at least once a week for each of the two (2) weeks
preceding such hearing, provided that no two (2) or more
applications shall be considered at any one hearing except by
consent of the applicants. The notice shall state the name of each
proposed franchisee for each cable district and the place where
applications and relevant material are available to the public, and
shall set forth the day, hour and place when and where any
interested person may file written comments pertaining thereto
and/or appear before the Council and be heard.
Sec. 7 . 12 . 080 . considerations at Public Hearing.
At the hearing so scheduled or any adjournments thereof, all
citizens and other interested parties shall have an opportunity to
express their views orally or in writing to the Council , and the
Council shall consider all the views expressed at the public
hearing in determining its action upon each franchise application.
Written comments, if responsive to written or oral statements of
any person filed or made at the hearing, but not otherwise, shall
be received up to the conclusion of the fifth (5th) business day
following the conclusion of the hearing, and be considered by the
Council . The Council shall also give due consideration to:
A. The quality of the service proposed;
B. The experience, character, background and financial
responsibility of each applicant and its management and
owners ;
C. The financial and commercial interests of the applicant,
and whether there exists an actual or potential conflict
of interest with the interests of the City;
D. The technical and performance quality of equipment;
GTV Master Ord. - Page 12 of 41
E. The program -proposed for construction; and
F. The applicant' s ability to meet construction a
physical requirements and to abide by the terms and
requirements of the franchise generally.
In awarding a franchise, the Council shall also assure that access
to cable service is not denied to any group of potential
residential cable subscribers because of the income of the
residents of the local area in which such group resides.
Sec. 7 . 12 . 090 . Council Determinations - Rejection or Further
Consideration of Application.
A. The applicant shall be afforded full opportunity to
participate in the hearing, including the right to introduce
evidence, to require the production of evidence, and to
question witnesses .
B. At the completion of the hearing, the Council shall issue a
written decision, stating its reasons for granting or denying
the application, based upon the record of such proceeding, and
shall transmit a copy of such decision to the applicant.
Sec. 7 . 12 . 100 . Procedure for Renewal of Franchise.
The procedure for granting any franchise other than those
contemplated by Section 7 . 12 . 060 and for renewing any franchise
granted pursuant to this Ordinance shall be as follows:
A. Upon receipt of any application for the granting or
renewal of such a franchise, the Council shall schedule
a public hearing and cause notice thereof to be published
at least once a week for each of two (2) weeks preceding
the hearing in the newspaper of general circulation
GTV Master Ord. - Page 13 of 41
within the City, which notice shall contain the same
information as described in Section 7 . 12 . 070.
B. The Council shall consider public testimony and comment
in the same manner as set forth in Section 7 . 12 . 080, but
shall instead consider the following as criteria for
granting or denying any franchise renewal :
1 . Whether the applicant has substantially complied
with the material terms of the existing franchise
and with applicable law;
2 . Whether the quality of the applicant ' s service,
including signal quality, response to consumer
complaints and billing practices, but without
regard to the mix, quality, or level of cable
services or other services provided over the
system, has been reasonable in light of community
needs ;
3 . Whether the applicant has the financial , legal and
technical ability to provide the services,
facilities and equipment as set forth in the
operator' s proposal or application; and
4 . Whether the applicant ' s proposal is reasonable to
meet the future cable-related community needs and
interests, taking into account the cost of meeting
such needs and interests.
C. In any hearing for a franchise renewal , the applicant
shall be afforded fair opportunity for full
participation, including the right to introduce evidence,
to require the production of evidence, and to question
witnesses.
D. At the completion of a proceeding under this section, the
Council shall issue a written decision stating the
GTV Master Ord. - Page 14 of 41
reasons for such decision granting or denying try
application for renewal based upon the record of su
proceeding, and shall transmit a copy of such decision to
the applicant.
Sec. 7 . 12 . 110 . Transfer of ownership.
A franchisee ' s right, title, or interest in the Franchise
shall not be sold transferred, assigned, or otherwise encumbered,
other than to an Affiliate, without the prior consent of the
Franchising Authority, such consent not to be unreasonably
withheld. No such consent shall be required, however, for a
transfer in trust, by other hypothecation, or by assignment of any
rights, title, or interest of the franchisee in the Franchise or
Cable System in order to secure indebtedness. Approval shall not
be required for mortgaging purposes provided that the collateral
does not specifically affect the assets of this franchise, or if
the said transfer is from a franchisee to another person or entity
controlling, controlled by, or under common control with""`
franchisee.
In any transfer of a franchise requiring City approval , the
applicant must show technical ability, financial capability, legal
and general qualifications as determined by the City. Applicant
must agree to comply with all provisions of the franchise. Costs
associated with the transfer process shall be reimbursed to the
City.
An assignment of a franchise shall be deemed to occur if there
is an actual change in control or where ownership of fifty percent
(50%) or more of the beneficial interests, singly or collectively,
are obtained by other parties. The word "control" as used herein is
not limited to majority stock ownership only, but includes actual
working control in whatever manner exercised.
Regardless of the circumstances, a franchisee shall promptly
notify the city prior to any proposed change, transfer, or
acquisition by any other party of a franchisee ' s .company. In the
CATV Master Ord. - Page 15 of 41
event that the city adopts a resolution denying its consent, and
such change, transfer or acquisition of control has been effected,
the City may cancel the franchise.
Sec. 7 . 12 . 120. Acceptance of Franchise.
A. No franchise granted under this Ordinance shall become
effective for any purpose unless and until a franchisee has
filed an acceptance in writing. Such written acceptance,
which shall be in form and substance approved by the City
Attorney, shall also be and operate as an acceptance of each
and every term, condition and limitation contained in this
Ordinance or in such franchise.
B. The written acceptance shall be filed by a franchisee not
later than sixty (60) days following the effective date of the
ordinance granting such franchise.
C. In the case of the failure to file such written acceptance as
required by this section, a franchisee shall be deemed to have
rejected and repudiated the franchise and the City may invite
and thereafter receive applications from persons desiring to
serve the subject area.
Sec. 7 . 12 . 130 . Bonds.
A franchisee shall promptly repair or cause to be repaired any
damage to City property caused by a franchisee or any agent of a
franchisee. A franchisee shall comply with all present and future
ordinances and regulations regarding excavation or construction
and, if deemed necessary by the City, shall be required to post a
performance bond or other surety acceptable to the City in an
amount specified by the City in favor of the City warranting that
all restoration work will be done promptly and in a workmanlike
CATV Master Ord_ - Page 16 of 41
manner and that penalties, if any, after final adjudication z `
paid to the City within ninety (90) days of such finding.
Sec. 7 . 12 . 140. Franchise Fee.
A franchisee shall make payment to the City on a quarterly
basis (on or before the thirtieth (30th) day of each January,
April, July and October) , in a sum equal to five percent (5%) of
the franchisee ' s gross revenues from the operation of the cable
system. The City may raise the franchise fee, if so permitted by
Federal and/or State law. Prior to implementation of any increase
in franchise fees, the Operator may request a public hearing by the
City Council to discuss said increases . Following such a hearing
the City Council may amend or confirm such increases. The City
shall have the right, upon reasonable advance notice, to inspect
the books of a franchisee for this purpose, during normal business
hours.
Sec. 7 . 12 . 150 . Franchise Costs.
A franchisee shall pay to the City upon acceptance of any
. franchise granted hereunder, the City' s out-of-pocket costs
associated with the franchising process . The City shall provide
the franchisee an itemization of its anticipated costs . Such
payment is not deductible or considered in lieu of franchise fee
payments. Payment is due within thirty (30) days of acceptance of
any franchise granted under this Ordinance.
Sec. 7 . 12 . 160 . Indemnity.
By acceptance of a franchise granted pursuant to this
Ordinance and the rights and privileges thereby granted, a
franchisee shall covenant and agree with the City for itself, its
successors and assigns, to at all times, defend, indemnify and hold
harmless the City, its officers, officials, employees and agents
CATV Master Ord. - Page 17 of 41
from any and all claims, actions, suits, liability, loss, cost,
expenses or damages of every kind or description which may accrue
to or be suffered by any person or persons or property, and to
appear and defend at its own cost and expense, any action
instituted or begun against the City for damages by reason of a
franchisee' s construction, reconstruction, readjustment, repair,
maintenance, operation or use of the streets of the City, or any
act(s) or omission(s) of a franchisee, its successors or assigns,
exercising any privilege conferred by this Ordinance or by such
franchise; provided, however, that in the event any such claim,
action, suit or 'demand be presented to or filed with the City or
any court having jurisdiction, the City shall notify franchisee
thereof, and the franchisee shall have the right, at its election
and at its sole cost and expense, to, settle and compromise such
claim or demand, or to defend the same at its sole cost and
expense, by attorneys of its own decision.
In case judgment shall be rendered against the City in any
such suit or action, each party shall fully satisfy such judgment
to the extent of its comparative fault within ninety (90) days
after such action or suit shall have been finally determined, if
determined adversely to either party.
Sec. 7 . 12 . 170. Insurance.
So long as a franchisee shall possess any right or privilege
granted pursuant to this Ordinance or franchise, and before the
commencement of any work thereunder, a franchisee shall deliver to
the Director of Public Works for filing with the City Clerk, a
certificate of insurance showing that it has procured and is
maintaining at all times a policy of public liability insurance,
subject to the approval of the City Attorney naming the City as an
additional insured, protecting the City against claims for injuries
or death to persons or damage to property which may arise from or
in connection with the performance of the franchise by a
GTV Master Ord. - Page 18 of 41
franchisee, its agents, representatives, employees
subcontractors.
The policy of insurance shall evidence policy limits as
follows:
A. Automobile liability insurance with limits no less than
One Million Dollars ($1, 000, 000 . 00) combined single limit
per accident for bodily injury and property damage; and
B. Commercial general liability insurance written on an
occurrence basis with limits no less than One Million
Dollars ($1, 000 , 000 . 00) combined single limit per
occurrence and Two . Million Dollars ($2 , 000 , 000 . 00)
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) ; and employer ' s liability.
These limits are listed in 1993 dollars and shall be adjusted as
necessary, but in no event less than once every five years , to
adjust for inflation.
Any payment of deductible or self insured retention shall be
the sole responsibility of a franchisee. Subject to the
indemnification provisions of Section 7 . 12 . 160 herein, a
franchisee ' s insurance shall be primary insurance as respects the
City, and the City shall be given thirty (30) days prior written
notice of any cancellation, suspension or material change in
coverage.
Sec. 7 . 12 . 180 . Franchisee' s obligations to the Public.
A franchisee, in the use of the public streets and
rights-of-way, shall ensure that:
CATV master Ord. - Page 19 of 41
A. The safety, functioning and appearance of the property
and the convenience and safety of persons will not be
adversely affected by the installation or construction of
facilities necessary for a cable system;
B. The cost of the installation, construction, operation or
renewal of such facilities be borne by a franchisee or
subscriber, or a combination of both; and
C. The owner of property will be justly compensated by a
franchisee for any damages caused by the installation,
construction, operation or removal of such facilities by
the cable operator.
It shall be a franchisee ' s sole responsibility when cable passes
over or under private or publicly owned property to obtain all
necessary permission from the owner thereof.
Sec. 7 . 12 . 190 . City' s Right to Make Improvements.
Nothing in this Ordinance shall be construed to prevent the
City or any local improvement district from sewering, paving,
grading, altering or otherwise improving or re-improving any of the
streets of the City, including the installation of City-owned
utilities, and the City shall not be liable for any damages
resulting to a franchisee by reason of the performance of such work
or by exercise of such rights by the City. This Ordinance shall
not be construed so as to deprive the City of any rights or
privileges which it now has, or which may hereafter be conferred
upon it to regulate and control the use of the streets.
A franchisee shall , at its sole cost and expense, protect,
support, temporarily disconnect, relocate or remove from any
street, right-of-way or any other public place, any of its
installations when so required by the City for reasons of traffic
conditions or public safety, street vacations, dedications of new
CATV Master Ord. - Page 20 of 41
rights-of-ways and the establishment and improvement thereof
freeway construction, change or establishment of street grade,
the construction of any public improvement or structure by any
governmental agency acting in a governmental capacity.
The City will make its best effort and attempt to design or
redesign streets, avenues, alleys, public places or ways, and other
City utilities to minimize the impact thereof on a franchisee ' s
existing facilities, including the need to require a franchisee ' s
facilities to be relocated. Provided, however, the City shall make
the final determination on the need for relocation of a
franchisee ' s facilities.
Whenever the City determines that any of the above
circumstances necessitate the relocation of a franchisee ' s then
existing facilities , the city shall provide a franchisee with at
least sixty (60) days written notice unless an emergency exists
requiring such relocation, which shall be completed by a franchisee
at no cost and within the time frame set by the City. Upon the
franchisee ' s failure to complete relocation to its installations
and facilities so directed, the City may remove same at
franchisee ' s expense.
Sec. 7 . 12 . 200 . Permits Required, Terms of Use and Occupancy
of Streets.
The terms and conditions of a franchisee ' s use and occupancy
of public streets and public rights-of-way in the City shall be as
follows:
A. Safety Requirements. A franchisee, in accordance with
applicable National , State, and Local safety requirements
shall, at all times, employ ordinary care and shall
install and maintain and use commonly accepted methods
and devices for preventing failures and accidents which
are likely to cause damage, injury, or nuisance to the
public.
GTV Master Ord. - Page 21 of 41
All structures and all lines, equipment and
connections in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places of a
franchise area, wherever situated or located, shall at
all times be kept and maintained in a safe, suitable
condition, and in good order and repair.
The City reserves the general right to see that the
system of a franchisee is constructed and maintained in
a safe condition. If a violation of the National
Electrical Safety Code or other applicable regulation is
found to exist by the City, the City will, after
discussions with a franchisee, establish a reasonable
time for a franchisee to make necessary repairs . If the
repairs are not made within . the established time frame,
the City may make the repairs itself or have them made
and collect all reasonable costs thereof from a
franchisee.
"...
B. Construction Notification. Upon application for each
construction permit a franchisee will submit to the City
its plan for advance notification for the proposed
construction project. In the event that an emergency
situation arises which precludes such advance
notification, a franchisee shall subsequently inform the
City of the nature of the extraordinary event and the
action taken.
C. Undergrounding. In any area of the City in which
telephone, electric power wires and cables have been
placed underground, a franchisee shall not be permitted
to erect poles or to run or suspend wires, cables or
other conductors thereon, but shall lay such wires,
cables or conductors underground in such manner as is
required by the City. If an ordinance is passed creating
a local improvement district which Involves placing
CATV Master Ord. - Page 22 of 41
underground certain utilities including that of
franchisee which are then located overhead, a franchis_.
shall participate in such underground project and shall
remove poles, cables and wires from the surface of the
streets within such district and shall place the same
underground in conformity with the requirements of the
City' s Public Works Director.
D. Pole Installation and Attachment - Joint Use. All poles,
cables, wires, antennae, conduits or appurtenances shall
be constructed and erected in a neat, workmanlike manner
and shall be of such height and occupy such position as
the City ' s Director of Public Works shall approve. A
franchisee erecting or maintaining poles shall allow
anyone constructing under the authority of this Ordinance
and the City, joint use of its poles upon payment, except
as provided in subsection F of this section, of a
reasonable proportion of the cost of such poles instal) ^d
and shall obey any order issued by the City' s Director
Public Works relative to the joint use of poles.
E. Building Moving. Whenever a person shall have obtained
permission from the City to use any street for the
purpose of moving any building, a franchisee, upon seven
(7) days written notice from the City, shall raise or
remove, at the expense of the permittee desiring to move
the building, any of a franchisee ' s wires which may
obstruct the removal of such building; provided, that the
moving of such building shall be done in accordance with
regulations and general ordinances of the City. Where
more than one street is available for the moving of such
building, the building shall be moved on such street as
shall cause the least interference, which path of least
interference shall be determined by the City' s Director
of Public Works.
CATV Master Ord_ - Page 23 of 41
F. Relocation of Facilities. A franchisee shall , unless an
emergency arises, upon thirty (30) days notice, at its
own cost and expense, move any underground, surface or
overhead construction which interferes with any local
improvement district work or with any construction for
public purposes authorized or ordered by the City, all as
provided in Section 7 . 12 . 190.
G. Abandonment of Facilities. A franchisee accepting a
franchise under the terms of this Ordinance for the
installation of ducts , utility tunnels, vaults, manholes,
poles , wires or any other appurtenances, shall remove
such installation when it is no longer required or used
and the City ' s Director of .the Public Works Department
orders the removal thereof.
H. Tree Trimming. Upon approval of the City' s Director of
Public Works, a franchisee shall have the authority to
trim overhanging trees upon streets , public ways and
public places in the Franchise Area so as to prevent the
branches of such trees from coming into contact with a
franchisee' s wires and cables, and if necessary, to clear
a microwave path. A franchisee shall be responsible for
debris removal from such activities. At the option of
the City, and with advance written notice to a
franchisee, such trimming may be done by the City or
under its supervision and direction, with reasonable
costs to be borne by a franchisee.
I . Dangerous Condition Authority to Citv to Abate.
Whenever a franchisee' s construction, installation or
excavation of facilities authorized by this Ordinance has
caused or contributed to a condition that appears to
substantially impair the lateral support of the adjoining
street or public places, streets, utilities or City
GTV Master Ord_ - Page 24 of 41
property, or endangers the public, the City' s Public
Works Director may direct a franchisee, at t
franchisee' s own expense, to take actions to protect the
public, adjacent public places, City property or street
utilities; and such action may include compliance within
a prescribed time.
In the event that a franchisee fails or refuses to
promptly take the actions directed by the City, or fails
to fully comply with such directions, or if emergency
conditions exist which require immediate action, the City
may enter upon the property and take such actions as are
necessary to protect the public, the adjacent streets or
street utilities to maintain the lateral support thereof,
or other actions regarded as necessary safety
precautions; and a franchisee shall be liable to the City
for the costs thereof.
J. Restoration of Streets. After construction,
installation, maintenance or repair of the facilit ` `
authorized by this Ordinance or any permit obtained 'try
virtue of a franchise granted under this Ordinance, a
franchisee shall leave all streets , avenues, highways or
public places in as good and safe condition in all
respects as they were before the commencement of such
work by a franchisee. The City' s Public Works Director
shall have final approval of the condition of such
streets and public places after completion of
construction.
K. City Expense - Reimbursement. Franchisee shall reimburse
the City for all actual administrative expenses incurred
by the City that are directly related to receiving and
approving a permit or license and to inspect plans and
construction. Where the City incurs actual
administrative expenses for review or inspection of
GTV Master Ord_ - Page 25 of 41
activities undertaken through the authority granted in
this Franchise (and which such expenses are not
duplicative of expenses which are reflected in some other
City-imposed charge or fee) , franchisee shall pay such
expenses directly to the City; provided, however, that
the City shall provide franchisee notice of its estimated
actual administrative expenses when those charges exceed
or are estimated to exceed an average daily rate over the
life of the permit equal to two times the City ' s regular
hourly charge for review and inspection.
Sec. 7 . 12 . 210 . Compliance.
Construction, maintenance and operation of a franchisee' s
system including house connections, shall be in accordance with the
provisions of this Ordinance and in accordance with the provisions
of all other applicable codes and ordinances, including the
National Electrical Code, and a franchisee shall comply with all
y, applicable state and federal laws and the rules and regulations of
the FCC relating to cable television systems .
Sec. 7 . 12 .220 . Customer Service.
A. A franchisee shall render repair service to restore the
quality of the signal at approximately the same standards
existing prior to the failure or damage of the component
causing the failure and make repairs promptly and interrupt
service only for good cause and for the shortest time
possible. Such interruptions, insofar as possible, shall be
preceded by notice and shall occur during a period of minimum
use of the system.
A log of all service interruptions shall be maintained
and kept on file by a franchisee. The City, after two working
days ' notice, may inspect such logs.
GTV Master Ord. - Page 26 of 41
B. Installation work shall be performed in a timely manner. The
franchisee shall offer a choice of morning, afternoon or 1&
afternoon appointments, within a four (4) hour time period.
If the franchisee fails to keep a scheduled appointment with
a subscriber, and fails to give notice to the subscriber at
least two (2) hours prior to the scheduled appointment time,
the franchisee shall give a service credit to that subscriber
unless failure of notice is caused by Acts of God.
C. An employee of a franchisee shall answer and respond to all
individual complaints received prior to 5 : 00 p.m. weekdays.
A franchisee may use an answering service to receive
complaints after 5 : 00 p.m. weekdays and on weekends and
holidays and will promptly respond to any system outage
affecting more than five subscribers . A copy of the
instructions to the answering service by a franchisee shall be
furnished to the city •or its designee.
D. A standby technician shall be on call seven (7) days a we,
twenty-four (24) hours a day . A franchisee shall respo`rd
immediately to service complaints in an efficient manner.
E. A franchisee shall maintain a sufficient repair force to
respond to individual requests for repair service within
forty-eight (48) hours after receipt of the complaint or
request, except Saturday, Sunday and legal holidays. All
complaints shall be resolved within seven (7) days. If a
subscriber has notified a franchisee of an outage, no charge
for the period of the outage shall be made to the subscriber
if the subscriber was without service for a period exceeding
twenty-four (24) hours, unless the outage was due to Acts of
God, force majeure or circumstances reasonably beyond a
franchisee' s ability to control .
CATV Master Ord. - Page 27 of 41
F. A franchisee shall supply at the time of a new connection, and
once a year, the title, address, and
periodically at least
telephone number of the City official or his/her designee, to
whom system subscribers may direct their concerns.
G. In no case will a Franchisee ' s service standards fall below
the standards established by the NCTA which are attached
herein as an Appendix A and are made a part of this Ordinance
by this reference.
Sec. 7 . 12 . 230 . Telephone Response.
A franchisee shall maintain an adequate force of customer
service representatives as well as incoming trunk lines so that
telephone inquiries are met promptly and responsively. A
franchisee shall have in place procedures for utilization of other
manpower and/or recording devices for handling the flow of
telephone calls at peak periods of large outages or other major
causes of subscriber concern. A copy of such procedures and/or
policies shall be made available to the City. Under normal
operating conditions, telephone answer time by the franchisee,
shall not exceed thirty (30) seconds, average speed of answer, and
busy signals shall not occur more than three percent (3%) of the
time. This requirement shall be met at least ninety percent (90%)
of the time, measured over any consecutive ninety (90) day period.
The franchisee shall use an answering service or be capable of
receiving service complaints and system malfunction reports when
the business office is closed.
In order that the City may be informed of a franchisee' s
success in achieving satisfactory customer relations in its
telephone answering functions, a franchisee shall , upon request by
the City, and routinely no less than quarterly, provide the City
with a summary that will provide, at a minimum, the following:
A. Number of calls received in a reporting period;
GTV Master Ord. - Page 28 of 41
B. Time taken to answer;
C. Average talk time;
D. Number of calls abandoned by the caller;
E. Average hold time;
F. Percentage of time all lines busy; and,
G. An explanation of any abnormalities.
This data will be compared to minimum standards of the NCTA
being incorporated herein by reference or any amendment thereto
increasing such standards, and shall be monitored by the City.
Calls for service generated during periods of system outages
due to emergency affecting more than 25 customers may be excluded
from the service response calculations. The City shall have the
sole determination as to what constitutes a system failure due to
emergency and which calls shall be excluded from the service level
calculations.
Sec. 7 . 12 . 240 . Rates.
A. Subject to Federal, State and Local law, the City mcTY
establish and regulate the rates or charges for providing
cable service and establish rate regulation procedures. In
the event that federal laws are subsequently enacted that
would allow the City to review, regulate and establish the
rate charged to a subscriber for cable services, the City may
thereafter take such action.
B. Within thirty (30) days after the grant of any franchise
hereunder a franchisee shall file with the City a complete
schedule of all rates to be charged to subscribers. Prior to
implementation of any change in rates or charges for any
service or equipment provided by a franchisee, a franchisee
shall provide to the City and all subscribers a minimum of
thirty (30) days ' written notice of the new schedule of rates
to be charged.
CATV Master Ord. - Page 29 of 41
Sec. 7 . 12 .250. Sr. Citizen/Disabled Person Low Income
Discount.
A franchisee shall offer a discount of thirty percent (30%)
from the normal rate to subscribers for basic services and
installation to those persons who are aged sixty-two (62) or older,
and/or disabled, provided that such person(s) are the legal owner
or lessee/tenant of their residence and that their combined
disposable income from all sources does not exceed the Housing and
Urban Development standards for the Seattle-Everett area for the
current and preceding calendar year.
The City or its designee shall be responsible for certifying
to a franchisee that such applicants conform to the specified
criteria.
Sec. 7 . 12 .260 . Cable Availability.
Cable service shall not be denied to any group of potential
residential cable subscribers because of the income of the
residents of the local area in which such group resides .
Sec. 7 . 12 .270 . Extraordinary Installation.
All residents requesting cable service and living within one
hundred fifty (150) feet of existing cable distribution lines shall
have the cable installed at the prevailing published installation
rate.
In the event a request is made for service and the residence
is more than one hundred fifty (150) feet from an existing cable
distribution line, such installation shall be completed on a time
and material cost basis for that portion of the service line
extending beyond one hundred fifty (150) feet.
GTV Master Ord. - Page 30 of 41
Sec. 7 . 12 .280 . Distribution Line Extension Charges.
Cable Service shall be available to all residents within the
City provided there are at least thirty five (35) dwelling units
per street mile.
In the event a request is made for service by a resident (s)
living in an area not meeting such criteria, the franchisee shall
enter into a contractual agreement with the resident(s) requesting
service wherein the franchisee shall be reimbursed for its
construction costs. Whenever any subsequent subscriber who did not
contribute to the original cost of the extension connects to the
extended distribution service line, that subscriber shall pay
his/her pro rata share directly to the franchisee prior to
obtaining cable service. The franchisee shall then promptly tender
such payment to the original subscriber so long as the agreement
remains in force.
Reimbursement shall be calculated on a front foot basis as a
percentage of the total cost of the service line extension.
Reimbursements shall be made to the original subscriber for
period of up to five (5) years or to the point when the franchisee
has recovered its incremental costs to construct the distribution
service line.
The franchisee shall record its contractual agreement with the
original subscriber in the office of the King County Recorder
before any subsequent subscriber connects to the extended service
line.
Sec. 7 . 12 .290 . Nondiscrimination.
A franchisee shall not, as to rates, charges, service
facilities, rules, regulations or in any other respect, make or
grant any preferences or advantage to any person nor subject any
person to any prejudice or disadvantage; provided, that nothing in
this ordinance shall be deemed to prohibit the establishment of a
graduated scale of charges d classified rate "schedules including
CATV Master Ord. - Page 31 of 41
discounts to senior citizens and disabled persons of low income to
which any customer coming within such classification would be
entitled, and provided further that connection and/or service
charges may be waived or modified during promotional campaigns of
a franchisee.
A franchisee will not deny access to cable communications
service to any group of potential residential subscribers because
of the income of the residents of the local area in which the group
resides .
Sec. 7 . 12 . 300 . Programming.
For informational purposes a franchisee shall file a listing
of its programming and the tiers in which they are placed. A
franchisee shall consider the City ' s suggestions of general program
categories as determined from time to time in residential
questionnaire polls . The results of initial surveys will be
appended to the respective franchise ordinances .
Sec. 7 . 12 . 310 . Technical Standards.
A franchisee shall comply with the following technical
standards :
A. All federal statutes, rules and regulations, including,
but not limited to the FCC rules, Part 76, Subpart K,
Section 76. 601 through 76 . 610, as each may be hereafter
amended;
B. All applicable City, County, and State statutes,
ordinances, rules and regulations ;
C. All applicable joint utility attachment practices ;
D. The National Electric Safety Code; ANSI C2 ;
GTV Master Ord_ - Page 32 of 41
E. All local utility code requirements and rights-of-w-•r
procedures.
Sec. 7 . 12 .320 . Preventive Maintenance.
A franchisee shall develop comprehensive, routine
preventive maintenance programs and effectuate same in order to
ensure the continued, top quality cable communications operating
standards as defined and in conformance with this Ordinance and all
other local, state and federal statutes, rules or regulations
promulgated on the subject.
See. 7 . 12 . 330 . Parental Control Devices.
A franchisee will make available at its cost ( including
appropriate handling charges) a device by which the subscriber can
prohibit viewing of a particular cable service during periods
individually selected.
Sec. 7 . 12 . 340 . Equalization of Civic Contributions.
In the event of one or more franchises being granted, the City
may require that such subsequent franchisees pay to the City an
amount proportionally equal to franchising costs contributed by the
initial franchisee. These costs may include, but are not limited
to, such features as access and institutional network costs,
bi-directional or equivalent cable installed to municipal
buildings and similar expenses .
On the anniversary of the grant of each later awarded
franchise, such franchisees shall pay to the City an amount
proportional to the amount contributed by the original franchisee,
based upon the amount of subscribers held by such franchisees.
Additional franchisees shall provide all PEG access channel (s)
currently available to the subscribers of existing franchisees. In
order to provide these access channels, additional franchisees may
GTV Master Ord_ - Page 33 of 41
interconnect, at their cost, with existing franchisees, subject to
any reasonable terms and conditions that the existing franchisee
providing the interconnection may require. These interconnection
agreements shall be made directly between the franchisees. The
City Council , in such cases of dispute over an interconnection
agreement as contemplated under this Section 7 . 12 . 340, may be
called upon to arbitrate the dispute.
Sec. 7 . 12 . 350 . subordinate to City and Prior Lawful
Occupancy.
Any privilege claimed under any such franchise by a franchisee
in a street or other public property shall be subordinate to the
City' s lawful police powers and to any prior lawful occupancy of
the streets or other public property. In addition to the inherent
powers of the City to regulate and control any franchise the City
issues, the authority granted to it by The Act, and those powers
expressly reserved by the City, or agreed to and provided for in a
franchise, the right and power is hereby reserved to the City to
promulgate such additional regulations of general applicability as
it may find necessary in the exercise of its lawful powers.
Sec. 7 . 12 .360 . obligation to Comply Promptly.
Time shall be of the essence in any franchise granted under
this Ordinance. A franchisee shall not be relieved of its
obligation to comply promptly with any of the provisions of this
Ordinance by any failure of the City to enforce compliance.
Sec. 7 . 12 . 370. Transfer of Powers to Other city Officers or
Employees.
For purposes of the administration of this Ordinance, any
right or power conferred or impressed upon any officer, employee,
department or board of the City shall be subject to transfer by the
GTV Master Ord. - Page 34 of 41
City any other officer, employee, department or board of thA
Y
City or its designee.
Sec. 7 . 12 . 380. No Recourse Against the City for Loss or
Expense.
A franchisee shall have no recourse whatsoever against the
City for any loss, cost, expense or damages arising out of the
issuance of a franchise under this Ordinance or because of the
City ' s related lawful enforcement actions .
Sec. 7 . 12 .390 . Subsequent Action by state or Federal
Agencies.
If any subsequent federal , state or local law, ordinance or
regulation shall require or permit a franchisee to perform any act
which may be in conflict with the terms of this Ordinance, or shall
prohibit a franchisee from performing any act in conformance with
the terms of this Ordinance, then as soon as possible follow f
knowledge thereof, a franchisee shall so notify the City. If trm
Council determines that a material provision of this Ordinance is
affected by such changed or new law, ordinance or regulation, the
City and a franchisee shall enter into good faith negotiations to
modify this Ordinance to conform with such changed requirements .
Failure to complete these negotiations to the satisfaction of both
parties within a reasonable time shall constitute a material breach
of the franchise, but in no event shall a period of less than 180
days be deemed unreasonable pursuant to this section.
Sec. 7 . 12 . 400 . Modification by Franchisee.
During the period that a franchise is in effect, a franchisee
may seek modifications of the franchise requirements in accordance
with the conditions set forth in The Act.
G1TV Master Ord_ - Page 35 of 41
Any decision by the Council to modify a franchise shall be
made in a public hearing. Such decision shall be made within 120
days after the City 's receipt of a request by the franchisee,
unless the 120 day period is extended by mutual agreement of the
City and franchisee.
Sec. 7 . 12 . 410 . Cable System Evaluation.
In addition to periodic meetings, the City may require
reasonable evaluation sessions at any time during the term of a
franchise.
It is intended that such evaluations cover areas such as
customer service, response to the community ' s cable-related needs,
and a franchisee ' s performance under and compliance with the terms
of a franchise.
During an evaluation session, a franchisee shall fully
cooperate with the City and shall provide without cost such
reasonable information and documents as the City may request to
perform evaluations .
If the City has concerns because of reoccurring problems with
the franchisee ' s cable system it may retain an . independent
consultant to conduct an analysis of the cable system and its
performance and submit a report of such analysis to the City. The
City shall take into consideration any efforts taken to correct
such deficiencies.
The report prepared by the consultant in response to the
City' s request for a system evaluation shall include:
A. A description of the technical problem in cable system
performance which precipitated the special tests;
B. What cable system components were tested;
C. The equipment used and procedures employed in testing;
D. The method, if any, by which specific performance
problems may be resolved;
GTV Master Ord. - Page 36 of 41
E. Any other information pertinent to said tests and
analyses which may be required by the City, or determir
when the test is performed.
If the tests indicate that the system is not in compliance
with FCC standards or the requirements of the Franchise, a
franchisee shall reimburse the City for any costs involved in
conducting such tests, such as consultant fees or other expenses.
Such fees or expenses shall not exceed $2 , 500 for each
evaluation. This figure is based on 1993 dollars and shall be
adjusted for inflation.
Sec. 7 . 12 . 420 . Record Inspection. '
Subject to statutory and constitutional limits and two working
days ' advance notice, the City reserves the right to inspect the
records of a franchisee necessary for the enforcement of a
franchise and verification of the accuracy of franchise fee
payments at any time during normal business hours, provided ti
the City shall maintain the confidentiality of any trade secrets trr
other proprietary information in the possession of a franchisee.
Such documents shall include such information as financial records,
subscriber records within the context of Section 631 of The Act and
plans pertaining to a franchisee ' s operation in the City.
Sec. 7 . 12 . 430. Reports.
A franchisee shall furnish, upon request, a report of its
activities as appropriate. Such report shall include:
A. Most• recent annual report.
B. A copy of the 10-K Report, if required by the Securities
and Exchange Commission.
C. The number of homes to which cable is made available.
D. The number of subscribers with basic services .
GTV Master Ord. - Page 37 of 41
E. The number of subscribers with premium services.
l� F. The number of hook-ups in period.
G. The number of disconnects in period.
H. Total number of miles of cable in City.
I. Summary of complaints received by category, length of
time taken to resolve and action taken to provide
resolution.
J. A statement of its current billing practices, and a
sample copy of the bill format.
K. A current copy of its subscriber service contract.
L. Report on Operations - Such other reports with respect to
its local operation, affairs, transactions or property
that may be appropriate.
Sec. 7 . 12 . 440 . Termination and Revocation.
If a franchisee willfully violates or fails to comply with any
of the material provisions of this franchise, the City shall give
written notice to a franchisee of the alleged non-compliance of its
franchise. A franchisee shall have forty-five (45) days from the
date of notice of non-compliance to cure such alleged default or,
if such default cannot be cured within forty-five (45) days, to
present to the City a plan of action whereby such default can be
promptly cured.
If such default continues beyond the applicable dates agreed
to for such cure, the City shall give a franchisee written notice
that all rights conferred under this Ordinance and its franchise
may be revoked or terminated by the Council after a public hearing.
A franchisee shall be entitled to not less than thirty (30) days '
prior notice of the date, time and place of the public hearing.
The City may elect, in lieu of the above and without any prejudice
to any of its other legal rights and remedies, to obtain an order
from the superior court having jurisdiction compelling a franchisee
to comply with the provisions of the franchise and may recover
GTV Master Ord. - Page 38 of 41
damages and costs incurred by the City by reason of a franchisee '
failure to comply.
Sec. 7 .12 .450 . Remedies to Enforce compliance.
In addition to any other remedy provided herein, the City
reserves the right to pursue any lawful remedy to compel or force
a franchisee and/or its successors and assigns to comply with the
terms hereof, and the pursuit of any right or remedy by the City
shall not prevent the City from thereafter initiating the
termination or . revocation procedures established in this
Ordinance .
Sec. 7 . 12 . 460 . Interpretation.
A franchisee shall comply with all pertinent rules,
regulations and requirements of the FCC, or any other federal or
state body or agency having jurisdiction in regard to cab) �a
television systems.
Sec. 7 . 12 . 470 . Effect on Prior Franchises .
Nothing contained in this Ordinance shall abridge, impair,
alter, modify or in any way affect any right, privilege or immunity
of either a franchisee or the City conferred by or arising under
any cable franchise granted prior to and remaining in effect on the
effective date of the ordinance; provided, that the acceptance of
a franchise granted under this Ordinance for any cable service area
shall be deemed to constitute the surrender by a franchisee of the
right to operate a cable television system in that cable service
area under any prior franchise.
CATV Master Ord. - Page 39 of 41
Sec. 7 . 12 . 480 . Incorporation by Reference into Each
Franchise.
The Cable Communications Ordinance shall be incorporated in
its entirety by reference into and become a part of each and every
cable television franchise granted by the City.
Section 3 severability.
Each section, subsection or other portion of this ordinance is
severable, and the invalidity of any section, subsection or other
portion shall not invalidate the remainder.
Section 4 Savings.
Ordinance 2093 , which is repealed by this ordinance, shall
remain in force and effect until the effective date of this
Ordinance.
Section 5 . Effective Date.
An ordinance granting a franchise shall not be adopted or
passed by the Council on the day of its introduction; nor for five
(5) days thereafter; nor at any other than a regular Council
meeting; nor without first being submitted to the City Attorney;
nor without having been granted by the approving vote of at least
a majority of the entire Council ; nor without being published at
GTV Master Ord. - Page 40 of 41
least once in a newspaper of general circulation in the City befc
becoming effective.
DAN KELLEHER, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY _
PASSED the day of 1993 .
APPROVED the day of 1993 .
PUBLISHED the day of 1993 .
I hereby certify that this is a true and correct copy of
Ordinance No. passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
CATVMSTR.adm
CATV Master Ord. - Page 41 of 41
APPENDIX A
RECOMMENDED CABLE INDUSTRY CUSTOMER SERVICE
STANDARDS
February 14 , 1990
The cable industry is dedicated to providing our customers a
consistently high level of service. We are committed to ensuring
that our customers receive a variety of quality programming,
reliable, clear signals, and prompt, courteous service. To that
end, we, as industry, have voluntarily adopted the following
Standards of Customer Service.
Each community and each cable system are different and a
reasonable flexibility should be employed in applying these
standards ; rigidity will hamper rather than help good customer
service. We are confident, however, that the cable industry as
a whole will implement these voluntary standards by July 1991 , and
recommend them for overall operational use by that date.
1. Office and Telephone Availability
A. Knowledgeable, qualified company representatives will be
available to respond to customer telephone inquiries
Monday through Friday during normal business hours.
Additionally, based on community needs, cable systems
will staff telephones for supplemental hours on weekdays
and/or weekends.
B. Under normal operating conditions, telephone answer time
by a customer service representative, including wait
time, and the time required to transfer the call, shall
not exceed 30 seconds .
Those systems which utilize automated answering and
distributing equipment will limit the number of routine
rigs to four or fewer. Systems not utilizing automated
equipment shall make every effort to answer incoming
calls as promptly as the automated systems.
This standard shall be met no less than ninety percent of
the time measured on an annual basis . *
C. Under normal operating conditions, the customer will
receive a busy signal less than three percent of the
total time that the cable office is open for business.
D. Customer service center and bill payment locations will
be open for transactions Monday through Friday during
normal business hours. Additionally, based on community
needs, cable systems will schedule supplemental hours
weekdays and/or weekends during which these centers wi.
be open.
2 . Installation, outages and Service Calls
Under normal operating conditions, each of the following four
standards will be met no less than 95% of the time measured on
an annual basis .
A. Standard installations will be performed within seven
business days after an order has been placed. "Standard"
installations are up to 125 feet from the existing
distribution system.
B. Excluding those situations beyond the control of the
cable operator, the cable operator will respond to
service interruptions promptly and in no event later than
24 hours. Other service problems will be responded to
within 36 hours during the normal work week.
C. The appointment window alternatives for installations
service calls, and other installation activities will be
(a) morning, (b) afternoon, or (c) all day during normal
business hours . Additionally, based on community needs,
cable systems will schedule supplemental hours during
which appointments can be set.
D. If, at any time an installer or technician is running
late, an attempt to contact the customer will be made
and the appointment rescheduled as necessary at a time
which is convenient for the customer.
3 . Communications, Bills and Refunds
A. The cable company will provide written information in
each of the following areas at the time of installation
and at any future time upon request:
products and services offered
• prices and service options
• installation and service policies
• how to use the cable service
B. Bills will be clear, concise and understandable.
C. Refund checks will be issued promptly, but no later than
the earlier of 45 days or the customer' s next billing
cycle following the resolution of the request, and the
return of the equipment supplied by the cable company if
service is terminated.
in
D. Customers will be notified a minimum of rovideds the
advance of any rate or channel change, p
e operator.
change is within the control of the cabl
Kent City Council Meeting
Date May 4 , 1993
Category Other Business
1. SUBJECT: CABLE TV - FRANCHISE ORDINANCE
2 . SUMMARY STATEMENT: This ordinance grants a special
franchise to TCI Cablevision of Washington, Inc. , for a
fifteen-year term. This franchise also incorporates all the
rights and liabilities, and is subject to, the City' s newly-
enacted Cable TV Master Ordinance. This ordinance was first
introduced at the City's last regularly scheduled Council
meeting, where a public hearing on the proposed franchise was
held. All required public notice has been given, and the
franchise ordinance is now ready for further discussion, if
any, and final passage.
3 . EXHIBITS: Public Works Committee Minutes, ordinance and
letter from TCI
4 . RECOMMENDED BY: Operations Committee and Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
that Ordinance No. , establishing a fifteen-year non-
exclusive franchise with TCI Cablevision of Washington, Inc. ,
for the provision of cable television services to the City of
Kent, be adopted.
DISCUSSION:
ACTION•
Council Agenda
Item No. 4B
Street Cleaning
Wickstrom stated that staff talked with our street sweeping
contractor and at no cost to us, he is willing to sweep the
downtown area between 4 : 00 - 6: 00 on Mondays and the other two
days, would be his normal time of sweeping. Wickstrom stated this
will not cost us any extra money and he can work with the crews he
has.
Sale of Surplus Equipment
Wickstrom stated that we have a list of equipment approved in the
193 budget as a cost saving measure to declare as surplus.
Wickstrom requested that these items be declared surplus so they
can go to the State auction.
committee unanimously recommended approval.
Cable T.V. Franchise
Brubaker circulated copies of the draft Master Cable T.V. Ordinance
and the draft TCI Franchise Ordinance, as well as a Bulletin from
the cable consultant regarding the impact of the recent Federal
regulations. Brubaker requested approval of the Ordinance for
first reading and public hearing at the next Council meeting on
y April 20th. Brubaker noted that there will be some technical
amendments. Brubaker stated that what we have now under our
current contract is a 5% franchise fee; 36 channels and one public
access channel; one government channel and two education channels.
Under the new contract we will have a 5% franchise based on
expanded definition of gross receipts which increase the City's
income approximately $100, 000 per year. TCI will pay the City its
actual cost to negotiate this franchise; the new franchise sets
specific customer service and customer response time requirements;
it gives the City specific authority to set rates if the law
allows; it provides for senior and disabled citizens; low income
discounts; it requires that cable be available to everyone in the
City except under certain extraordinary circumstances; it provides
parental control devices; it provides the City the ability to
periodically re-evaluate TCI ' s system and performance; it will
provide us with one government access channel fully dedicated to
the City of Kent immediately; it will include camera wiring and
production facilities for the City's chambers; it will provide an
internal network system for the Fire Department and within 48
months or upon TCI 's construction of a fibre optic network in the
City of Kent, whichever occurs first, we will have unlimited
channel capacity; the internal network system will become a two-way
system for fire and will be available for police and for the Kent
School system. Brubaker stated that the franchise term is 15
years. Brubaker requested Committee' s approval to go forward with
this item to Council on April 20th for a first reading and public
2
hearing, with Council adoption on May 4th.
Committee unanimously recommended Council approval for the public
hearing and first reading of the Cable T.V. Franchise for April
20th.
Brubaker requested an Executive Session immediately following the
meeting.
FRANCHISE ORDINANCE
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, granting unto TCI Cablevision of
Washington, Inc. , the right, privilege,
authority and franchise for fifteen (15) years
to construct, maintain and operate a cable
television system for the distribution of
television and other electronic signals within
all City right-of-ways.
TABLE OF CONTENTS
Section Page
1. Purpose 1
2 . Length of Franchise 2
3 . Service Area 2
4 . Franchise Fee 2
5 . Future Provisions 4
6 . Public, Educational, and Government Access Channels 5
7 . Government Access Equipment 6
8 . Institutional Networks 7
9 . Coverage 7
10. Emergency Override 8
11. Public Buildings 8
12 . Penalties 9
13 . Independent Contractors 10
14 . Entire Agreement 10
15. Successors or Assigns 11
16. Acceptance 11
17 . Notice 11
18 . Severability 12
19 . Effective Date 12
Appendix "A" Access Studio and Equipment
Appendix "B" Building Locations
Appendix "C" Public Schools
Programming Survey
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, granting unto TCI Cablevision of
Washington, Inc. , the right, privilege,
authority and franchise for fifteen (15) years
to construct, maintain and operate a cable
television system for the distribution of
television and other electronic signals within
all City right-of-ways.
THE CITY COUNCIL OF THE CITY OF KENT DOES HEREBY ORDAIN AS
FOLLOWS :
Section 1: Purpose.
This Franchise shall constitute an agreement between the City of
Kent (hereinafter the "City") and TCI Cablevision of Washington,
Inc. (hereinafter the "Operator") . The Operator promises to
construct, maintain, and operate a cable television system for the
distribution of television and other electronic signals pursuant to
the terms of this Franchise. The City agrees to grant the Operator
all necessary rights and privileges to use public rights of way
necessary for a cable television system. This agreement shall, as
of its effective date, supersede and replace all existing
franchises previously granted by the City of Kent to the Operator
or any of its predecessors, subsidiaries or affiliated companies.
Section 2 • Length of Franchise.
The length of this Franchise shall be for a term of fifteen (15)
years commencing on the effective date of this ordinance.
Section 3 : Service Area.
The Operator ' s service area shall be the entire incorporated
area of the City of Kent, in its present incorporated form or in
any later reorganized, consolidated, enlarged, or re-incorporated
form.
Section 4 : Franchise Fee.
The Operator shall pay to the City quarterly, on or before the
thirtieth (30th) day of each January, April , July and October, a
sum equal to five percent (5%) or greater of gross revenues
commencing upon the effective date of this ordinance. Reveni:
that are derived as a portion of a national or regional servic
shall be computed on a per subscriber basis if such determination
cannot be achieved by other means .
The City may raise the franchise fee, if so permitted by Federal
and State law. Prior to implementation of any increase in
franchise fees the Operator may request, and will be granted, a
public hearing by the City Council to discuss the benefits of said
increase to the citizens of Kent. Upon a finding of the City
Council that such increase is reasonably required to meet community
needs, taking into consideration the cost of providing such
increase, the City Council may require the implementation of such
increase in accord with the provisions of this agreement.
(a) Late Payment. Any quarterly franchise fee not paid by
the Operator within thirty (30) days of the end of a quarter
shall bear interest at the rate of twelve percent (12%) r'""-
TCl/CATV Franchise - Page 2 of 13
.� annum or whatever maximum amount is allowed under State law,
whichever is greater, from the due date until paid.
(b) Financial Reports. Each franchise fee payment shall be
accompanied by a financial report on a form provided by the
City showing the basis for the Operator' s computation and
separately indicating revenues received by the Operator within
the City from basic service, pay TV service, other applicable
sources of revenue, and such other information directly
related to confirming the amount of the operator' s gross
revenues as may be reasonably required by the City.
(c) Audit by Citv. The City shall have the right, upon
reasonable notice or no less than two working days, to inspect
the books and records of the Operator during normal business
hours, for the purpose of ascertaining the actual gross
revenues collected by the Operator. In the event that such
audit discloses a discrepancy of more than ten percent ( 100)
between the financial report submitted by the Operator with a
quarterly payment and the actual gross revenues collected by
the Operator, the Operator agrees to pay to the City the costs
of such audit. In the event that such audit results in a
determination that additional franchise fees are due the City,
the Operator further agrees to pay interest as required for
late payment on such additional franchise fees computed from
the date on which such additional franchise fees were due and
payable.
(d) Non-waiver. Acceptance of any franchise fee payment by
the City shall not be construed as an agreement by the City
that the franchise fee paid is in fact the correct amount, nor
shall acceptance of payment by the City be construed as a
release or waiver of any claim the City may have for further
or additional sums payable under the provisions of this
Ordinance.
TCl/CATV Franchise - Page 3 of 13
(e) Taxes. Nothing in this section shall limit tY
Operator' s obligation to pay applicable local , State, c
Federal taxes.
Section 5: Future Provisions.
The City and the Operator acknowledge that the former should be
provided with a cable system that has the same general capabilities
and capacity as those provided other cities served by the Operator
in the King-Pierce-Snohomish County area of the State of
Washington. The City may, at its discretion, require that the
Operator provide such interactive services as addressability,
security, computer interaction, banking, shopping, voice and data
transmission, High Definition Television (HDTV) , fiber optic and
other such features, as well as upgrades capable of carrying at
least fifty-four (54) channels, within the City within twenty-four
(24) months of any of the following occurrences :
Provision by the Operator of any of the same services
identified above to a preponderance of a CATV system;
(a) Within the City of Seattle system, or;
(b) Within any adjacent community, or;
(c) Forty percent (40%) of the municipalities in King,
Pierce, and Snohomish Counties.
Notwithstanding the above, the Operator shall in any event
complete the upgrade to 54 channels and have the capability of
implementing these enhanced services within forty-eight (48) months
from the effective date of this franchise.
Prior to implementation of any such services listed above the
Operator may request a public hearing by the City Council, to
discuss the benefits of said features to the citizens of the Cit•-
TC[/CATV Franchise - Page 4 of 13
Upon a finding by the City Council that such features are
reasonably required to meet community needs, taking into
consideration the expense of providing such services and the
potential costs to subscribers, the City Council may require the
implementation of such features in accord with the provisions of
this agreement. If the Council deem it necessary, it may, at its
own option by a majority vote, extend the time requirements
established in this section.
Additionally, the Operator, upon completion of the upgrade or
by the expiration of the forty-eight (48) month period as
prescribed herein, shall provide, maintain and operate a public
access studio within a radius of eight (8) miles of the City Hall,
or at a location mutually agreeable by all parties . Such
facilities shall be subject to approval by the City as suitable.
Such approval shall not be unreasonably withheld.
Section 6 : Public Educational and Government Access Channels.
Within six (6) months of the effective date of this Franchise,
unless such time is extended by mutual written agreement between
the parties, the Operator shall make provisions so that the City
shall have the capability of live broadcasting from City Hall .
The City shall initially be provided with one ( 1) access
channel capable of live broadcast from City Hall . Upon the
provision of fifty-four (54) or more channels the City shall be
provided with one (1) educational access channel upon request by
the City. The City may initially share a common public access
channel with other communities, however, the City may elect, at its
option, to provide programming over an individual public access
channel for the City ' s sole use.
TCl/CATV Franchise - Page 5 of 13
Additional channels over and above these shall be ma('.
available for City purposes when any of the two (2) designate
channels is in use for access purposes with programming during
fifty percent (50%) of the hours between 10 : 00 a.m. and 10: 00 p.m. ,
during any consecutive ten (10) week period. Programming or
additional channels required shall be distinct and non-repetitive
of the previous channel. The Operator shall, within six (6) months
following a request by the City, provide another designated access
channel for this purpose.
The Operator shall continue to provide additional channels
under the same conditions . If additional channels are designated
for community use, but, after one year, such channel (s) are not
programmed at least twenty-five percent (25%) of the hours between
10: 00 a.m. and 10 : 00 p.m. with programming, the access users will ,
within six (6) months of receiving written notice from the
Operator, group their programming into one contiguous block of time
of their choosing. The remaining broadcast time on such channP1
shall then revert to the Operator for its unrestricted use with ,
the terms and conditions of this ordinance.
Contributions to Public, Educational and Government ("PEG")
access will not be considered in lieu of a franchise fee or other
obligations to the City.
Section 7 • Government Access Equipment.
The Operator shall provide, maintain, and install the necessary
equipment for local government cablecasting within six (6) months
of a request of the City unless extended by mutual written
agreement. Such equipment shall not be less in quantity nor
equivalent quality than those listed in Appendix A.
TCl/CATV Franchise - Page 6 of 13
Section 8: Institutional Networks.
Within twelve (12) months from the effective date of this
franchise the Operator shall provide a unidirectional institutional
network linking the City ' s fire stations as indicated in Appendix
B. This system will allow programming to be originated in coded
form from the East Hill fire station and to be received by decoding
devices in each fire station location.
Upon completion of the upgrade under the conditions specified
in "Section 5: ' Future Provisions, " the Operator shall make
available within six (6) months an interactive system to provide
two-way communication between the fire stations .
Subsequent to this event other agencies may request a hearing
by the City Council in order to substantiate a need for further
educational or public safety bi-directional networks. The Operator
shall have the opportunity to present its views on the cost and
appropriateness of any such contemplated network.
Section 9 • coverage.
The City shall be provided with cable television service in the
entire Franchise area. If such a condition does not now exist, the
Operator shall complete such wiring and be in a position to offer
cable reception to all residents within twelve (12) months from the
grant of the Franchise. Areas subsequently annexed shall be
provided with cable availability within twelve (12) months if not
already served by cable, subject to the terms in Section 7 . 12 .270
Extraordinary Installation of Section 2 of the Kent Cable
Communications Ordinance No.
TCl/CATV franchise - Page 7 of 13
section 10 : Emergency Override.
Upon completion of the system upgrade subject to the conditions
of Section 5 : Future Provisions the Operator shall make provisions
for an emergency alert system from City Hall or any one of the
primary police or fire facilities. The Operator shall establish a
process which will provide a character generated scroll and make
its best effort to furnish a voice override notifying viewers and
listeners of the emergency. This emergency alert system will be
compatible with applicable Federal , State and Local regulations.
Subject to Federal and State laws and regional planning
authorities , control of these emergency override facilities shall
be the responsibility of the City. The City shall hold a
franchisee, its agents , employees, officers, and assigns harmless
from any claims arising out of the emergency use of its
transmitting facilities by the City. The City, at its option may
elect to share this service with adjoining communities .
section 11: Public Buildings.
The Operator shall provide without charge for installation or
monthly rate, basic service, and outlets at such public buildings
and schools as specified in Appendix "B" and "C" as well as other
such buildings that may be constructed during the period of the
Franchise that are passed by cable and within 150 feet of the trunk
or distribution system. The Operator shall make its best efforts
to provide regional interconnection of all schools at the
appropriate time.
TCl/CATV Franchise - Page 8 of 13
Section 12 : Penalties.
The City may, following a hearing of the City Council , apply any
of the following penalties in connection with delays in system
performance. The City shall, prior to any hearing which may result
in the imposition of fines, provide the Operator a reasonable
opportunity to correct alleged violations by notifying the Operator
in writing within thirty (30) days of the city ' s discovery of the
alleged violation, stating the nature of the alleged
non-compliance.
If, following such hearing, it is determined by the City Council
that the Operator has failed to comply with the schedule set forth
in the Franchise, monetary penalties will be imposed as set forth
below for each day beyond thirty (30) days that the Operator has
not fulfilled the requirement (s) :
a. Upgrade improvements and regional P.E.G. facilities required
by Section 5 : Future Provisions, $200 . 00 per day.
b. Equipment and channels committed by the Operator to the City
for access purposes described in Sections 6 7 and 8 ,
$200 . 00 per day.
C. Coverage of annexed areas where such is not completed as
required by Section 9 , $200 . 00 per day.
Termination of the Franchise pursuant to the procedure outlined
in the City' s Cable Communications Ordinance No. may be
imposed for any violation of one or more of the above listed items.
The Operator and the City agree that any of the above described
violations, unless excused, would constitute failure to comply with
a material provision of the Franchise.
No penalty shall be imposed without a hearing before the Council
or its designated representative(s) . No penalty, bond, forfeiture,
or termination shall be imposed for delays where such delays are
TCl/CATV Franchise - Page 9 of 13
the result of causes beyond the control and/or without fault
negligence of the Operator, as determined by the City. The Operate..
shall be entitled to an extension of time if construction is
suspended or delayed by the City, or where unusual weather, acts of
God (e.g. earthquakes, floods, etc. ) , extraordinary acts of third
parties, or other circumstances which are beyond the control of the
Operator, delay progress provided that the Operator has not,
through its own actions or inactions, substantially contributed to
the delay. The amount of time allowed will be determined by the
City and the Operator. The extension of time in any case shall not
be less than the extent of the actual non-contributory delay
experienced by the Operator. If payment of any of these penalties
is delinquent by three (3) months or more, the City may require
partial or total forfeiture of performance bonds or other surety.
Section 13 • Independent Contractor.
This agreement shall not be construed to provide that ti
Operator is the agent or legal representative of the City for any
purpose whatsoever. The Operator is not granted any express or
implied right or authority to assume or create any obligation or
responsibility on behalf of or in the name of the City or to bind
the City in any manner or thing whatsoever.
Section 14 • Entire Agreement.
This agreement, including the City' s Cable Communications
Ordinance No. and exhibits that are attached hereto and
incorporated herein by reference, represents all of the covenants,
promises, agreements, and conditions, both oral and written,
between the parties. However, the City reserves the right to waive
any of these sections without affecting the applicability of other
sections not so specifically waived. Waiver of any Franchi t
TCl/CATV Franchise - Page 10 of 13
requirement or ordinance sections by the City shall be in writing
in order to be effective.
Section 15• Successors or Assigns.
This Franchise Agreement, including all addenda, and the City' s
Cable Communications Ordinance No.
shall bind the
Operator, its heirs, successors, transferees and assigns.
Section 16• Acceptance.
This grant of Franchise and its terms and provisions shall be
accepted by the Operator by the submission of a written instrument,
executed and sworn to by a corporate officer of the Operator before
a Notary Public, and filed with the City Clerk within sixty (60)
days after the effective date of this Franchise. Such instrument
' shall evidence the unconditional acceptance of this Franchise and
the promise to comply with and abide by all its provisions, terms
and conditions .
Section 17 : Notice.
Written notices shall be deemed to have been duly served if
delivered in person to the individual or entity for whom it was
intended, or if delivered at or sent by registered or certified
United States mail to the last business address known to the party
who gives the notice.
All notices and requests shall be addressed to the City of Kent
and the Operator as follows:
TCl/CATV Franchise - Page 11 of 13
CITY: City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
OPERATOR: TCI Cablevision of Washington, Inc.
P. O. Box 1048
Auburn, WA 98002
Section 18: Severability.
The provisions of this ordinance are declared to be separate and
severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance
shall not affect the validity of the remainder of the ordinance, or
the invalidity of its application to other persons or
circumstances.
Section 19 : Effective Date.
This Ordinance shall take effect five (5) days from and after
its passage and publication, provided, however, the Franchise
granted by this Ordinance shall not become effective until the
Operator files written acceptance thereof.
DAN KELLEHER, MAYOR
TCl/CATV Franchise - Page 12 of 13
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 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
TCIFRNCH.adm
TCl/CATV Franchise - Page 13 of 13
Rent Access Equipment APPENDIX A
In accordance with Section 7 • Government Access Equipment, the
following equipment or its equivalent will be supplied by the
operator:
Quantity Description of Item
1 Texscan MSI-SG 4-B Character Generator
3 Panasonic CCD Two-Color Chip Cameras
3 Telco Remote Camera Control Systems
1 Amega 3000 Computer System with Omni Link
and Video Toaster
2 Panasonic AG 8350 SVHS 1/2" Recording Decks
1 Shure Audio Microphone System
10 Lavalier Microphones
3 12" Color Monitors
1 19" Color Monitor
2 Panasonic AG460 1/21' SVHS Cameras
2 LTM 4 Pepper 420 Light Kits (with
accessories)
2 Bogen 3062 Video Tripods (w/3066 fluid head)
2 Tripod Adaptors
20 1/2" 20 Minute Video Cassettes
20 1/2" 30 Minute Video Cassettes
20 1/2" 60 Minute Video Cassettes
Miscellaneous lighting system as required
adequately allow for the video taping and
broadcast of City meetings in the existing City
Council Chambers.
Miscellaneous cable as required to complete the
wiring of the existing City Council Chambers.
Kent Public Buildings APPENDIX B
CENTENNIAL CENTER LIBRARY
400 W. Gowe 212 2nd Ave. N.
Kent, WA 98032 Kent, WA 98032
CITY HALL RIVERBEND DRIVING RANGE
220 4th Ave. S . 2020 W. Meeker
Kent, WA 98032 Kent, WA 98032
CITY SHOPS RIVERBEND 9 HOLE
5821 S . 240th 2020 W. Meeker
Kent, WA 98032 Kent, WA 98032
CORRECTIONS FACILITY RIVERBEND 18 HOLE
1230 S . Central 2019 W. Meeker
Kent, WA 98032 Kent, WA 98032
FIRE STATION nl SENIOR CENTER
504 W. Crow 600 E. Smith
Kent, WA 98032 Kent, WA 98031
FIRE STATION n3 SPECIAL POPULATIONS CENTER
26512 Military Rd. S . 315 E. Meeker
Kent, WA 98031 Kent, WA 98031
FIRE STATION °n4 VALLEY COM.
24611 116th Ave. S .E . 23807 98th S .
Kent, WA 98031 Kent, WA 98031
KENT COMMONS KENT POLICE DEPARTMENT
525 4th Ave. N. 232 4th Ave. S .
Kent, WA 98032 Kent, WA 98032
The following buildings will be connected when economically and
technically feasible:
FIRE STATION 476, 20676 72nd Ave. S . , Kent, WA 98032
City of Rent Schools APPENDIX C
Cedar Valley Elementary Martin Sortun Elementary
26500 Timberlane Wy. SE 12711 S.E. 248th Street
Kent, WA 98042 Kent, WA 98031
Covington Elementary Mattson Junior High
17070 S.E. Wax Road 16400 S .E. 251 st.
Kent, WA 98042 Kent, WA 98042
East Hill Elementary Meridian Junior High
9825 S . 240th 23480 120th S .E.
Kent, WA 98042 Kent, WA 98031
Grass Lake Elementary Panther Lake Elementary
28700 191st PI . S .E. 20831 108th S.E.
Kent, WA 98042 Kent, WA 98031
Kent Elementary Park Orchard Elementary
317 4th Avenue S . 11010 S .E. 232nd
Kent, WA 98032 Kent, WA 98031
Kent Junior High Pine Tree Elementary
620 N. Central 27825 188th S .E.
Kent, WA 98032 Kent, WA 98031
Kent Meridian High School Scenic Hill Elementary
10020 S .E. 256th 26025 Woodland Way S .
Kent, WA 98031 Kent, WA 98031
Kentridge High School Soos Creek Elementary
12430 S .E. 208th 12651 S .E. 218th PI .
Kent, WA 98031 Kent, WA 98031
Lake Youngs Elementary Springbrook Elementary
19660 142nd Ave. S . E. 20035 lOOth S. E.
Kent, WA 98042 Kent, WA 98031
The following schools will be provided with cable service when
economically and technically feasible:
Crestwood Elementary, 25225 180th S .E. , Kent, WA 98042
Horizon Elementary, 27641 144th Avenue S .E. , Kent, WA 98042
Jenkins Creek Elementary, 26915 186th Avenue S .E. , Kent, WA 98042
Kent Continuation School , 22420 Military Road, Kent, WA 98032
Kentwood High School , 25800 164th S .E. , Kent, WA 98042
Neely-O ' Brien Elementary, 6300 S. 236th Street, Kent, WA 98032
Sequoia Junior High, 11000 S .E. 264th, Kent, WA 98031
City of Kent Programming survey
Results of Random Sampling of 800 Residences
11/13/91
% Responding Interest as
Type of Programming Very High or Somewhat High
News. . . * * * ' * * * * . . . . . . . . . . . . . . . . . 88%. . . . . . 75%
Old Movies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . %
Sports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • .
Weather. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 7.75%1%
Adult Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59%
Local Bulletin Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58%
FineArts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . %
Video Music. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . .. . 558%
Children ' s Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50%
Business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38%
Consumer Information. . . . . . . . . . . . . . . . . . . . . . . . • • • • • ' 38%
Country. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . %
Local Advertisement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 38%
Senior Citizens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
U.S. Congress Proceedings . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . 5%
Religious . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
2 1%
%
Spanish Language. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
into tomorrow
TCI Cablevision of Washington, Inc.
April 20 , 1993
Mr. Thomas Brubaker
Assistant City Attorney
City of Kent
220 Fourth Ave S
Kent, WA 98032
Dear Mr. Brubaker:
As part of our commitment to provide government access
equipment to the City of Kent, TCI Cable o Auburn I
ubur Inc the will
provide training to authorized city personnel
use
of cablecasting equipment.
Best,--R-egards I
en Humbert
General Manager
KH:cb
Auburn Office
4020 Auburn Way N.
Auburn,WA 98002
(206)833-9026
FAX(206)939-6235
An Equal Opportunity Employer
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC WORKS COMMITTEE
D. PLANNING COMMITTEE
E. PUBLIC SAFETY COMMITTEE
F. PARKS COMMITTEE
G. BUDGET COMMITTEE
H. ADMINISTRATIVE REPORTS
MCCARTHY,TONY /-KENT70/AD-_ HPDesk-print
Subject: 5/4 ADMINISTRATIVE REPORT
Creator: Tony MCCARTHY / KENT70/AD Dated: 01/06/93 at 0949 .
TO: MAYOR KELLEHER, COUNCIL PRESIDENT WOODS AND COUNCIL MEMBERS
THE PERMIT PROCESS DIRECTION IS SCHEDULED TO BE BACK ON THE AGENDA FOR THE
5/18 COUNCIL MEETING. THE COUNCIL WANTED TO HEAR JON JOHNSON'S REPORT BEFORE
FINALIZING THE DECISION ON THE PERMIT PROCESS DIRECTION.
NEGOTIATION IS GOING WELL WITH KEITH SANDEN AND SSMD. WE WENT THROUGH A
NUMBER OF ISSUES ON 4/29 AND TOURED THE FACILTY ON 4/30. WE MEET AGAIN ON
5/6. KEITH WILL BE MEETING ALL THE EMPLOYEES BEGINNING 5/3 . HE IS ALREADY
WORKING ON GETTING THE LIQUOR LICENSE TRANSFERRED AND IS TALKING TO A
RESTAUUT
THEANDING THE SELECTION PROCESSANT FORFAC EITH
MAINTENANCE
SUPERINTENDENT.
THE PARK COMMITTEE HAS BEEN PERMANENTLY RESCHEDULED TO THE 2ND AND 4TH
TUESDAYS OF THE MONTH. THIS ALLOWS TIME FOR COUNCIL WORKSHOPS BEFORE THE
COUNCIL MEETINGS. AS SUCH I TENATIVELY SCHEDULED A 5/18 WORKSHOP FOR
5:30 ON THE 1994 CAPITAL IMPROVEMENT PROGRAM. IF HELD, DEPARTMENT HEADS
WILL BE MAKING A SHORT PRESENTATION ON THEIR CIP NEEDS. THIS MEETING WILL
BE CONFIRMED ON TUESDAY NIGHT.
L>. _.OMING EVENTS
7/16-17 KM/PAR3 BALLOON CLASSIC
7/16-18 CORNUCOPIA DAYS FESTIVAL
8/21-22 MILL CRK CANTERBURY FAIRE
1 /18 SNR CNTR 8TH ANNUAL TOWN WINTERFEST PARADER&L
MEET
12/4
HOLIDAY G LIGHTING CEREMONY
OPERATIONS COMMITTEE
April 20, 1993
COMMITTEE MEMBERS PRESENT: Christi Houser, Chair
Leona Orr
Jim White
STAFF PRESENT: Tony McCarthy
May Miller
Sue Viseth
Becky Fowler
Dea Drake
Alana McIalwain
Bruce Weissich
Brenda Jacober
MEMBERS OF THE PUBLIC: Don McDaniels
Linda Johnson
Jean Parietti
The meeting was called to order at 2:30 p.m. by Chairperson Houser.
APPROVAL OF VOUCHERS
All claims for the period ending 4/15/93 in the amount of $1,682,997.30 were approved.
DEBT REFINANCING PROPOSALS
hat the CLID 333, 338 & 339 will be brought to the
Acting Finance Director Miller explained t
Council for approval tonight since the project is reasonably completed. She noted that the voted
and non-voted issues will, however, be pulled from the Council Agenda because it isn't feasible
to refinance them at this time. WHITE MOVED approval to send the CLID issue on to the full
Council for adoption of a bond ordinance establishing CLID 333, 338, and 339, and authorize
the Mayor to sign a purchase contract with Lehman Brothers in the amount of $397,413. Orr
seconded and the motion carried 3-0.
DOWNTOWN PARTNERSHIP UPDATE
Linda Johnson, Kent Downtown Partnership Director, updated the Committee regarding a
package of action items they have prepared and the approach used with the small businesses
downtown. She noted that property have been involved in the process also and that attitudes and
cooperation are starting to come together in one direction. Johnson explained that the Kent
ize on the existing good, solid business district with a little face-
merchants would like to capital lifting and clean-up rather than become another "Leavenworth". Don McDaniels, Downtown
Partnership Member, explained that the Partnership has been concentrating on education,
management, budget, organization, marketing, and promotions to help keep the economy stable.
He noted that the Partnership will be coming to the Council in June with proposals and a request
for continued matching funds. Upon White's suggestion for exploring the possibility of having
a year round market, Johnson expressed that the merchants would probably favor it because they
notice a big difference when it's opened and when it closes. McDaniels suggested that a good
theme might be, "Here is the Real Kent - Come Down and Visit".
VOTERS PAMPHLET PARTICIPATION
Brenda Jacober, City Clerk, explained that King County Records and Elections Division needs
to know by May 14, 1993 if Kent wants to participate in the 1993 Local Voters' Pamphlet. She
noted that the City began participation in 1987 and that this will be the fourth time Kent will
participate, if the Committee and Council chooses to do so. She noted that the cost was $629.00
to participate in 1991. WHITE MOVED to approve participation in the 1993 King County
Local Voters' Pamphlet. Orr seconded and the motion carried 3-0.
SENIOR HOUSING CANOPY AND TRELLIS
Alana McIalwain, Administrative Services Manager, explained that on January 19, 1993 the
Operations Committee was presented with improvements to the Harrison House (Sr. Housing)
project and that this item is a re-confirmation of a bid for the canopy and trellis. She noted that
the low bid was made by Robinson and Company in the amount of $49,434 (includes the bid
bond), but that the sprinkler needed for the canopy is not included in this bid so there will
probably be a change order coming through for that item. Upon Houser's question, McIalwain
noted that the budget is for $60,000 for both the canopy and trellis, and that the bid amount is
almost$50,000 so there is about a $10,000 cushion for the sprinkler. McCarthy noted that there
is still about $100,000 in the contingency fund also. ORR MOVED approval for the bid from
Robinson and Company in the amount of $49,434 for the canopy and trellis at the Harrison
House. White seconded and the motion carried 3-0.
VAN FOR SENIOR HOUSING PROTECT (Harrison House) - ADDED ITEM
McIalwain informed the Committee that a bid will be sent out to purchase a van for the Harrison
House. She noted that a 9-10 passenger van will be bid which meets all the ADA requirements
and that there are some limitations as to the number of passengers that can be carried without
having a special certificated license. Upon White's question, McIalwain explained that the State
did have a bid out for a van, but it would have required the special license and that the King
County Housing Authority has a driver as long as a special license isn't required.
EMPLOYEE DAYCARE CENTER
Becky Fowler, Human Resources Analyst, noted that an employee daycare center questionnaire
has been prepared and ready for the committee to review for approval, additions or deletions.
She noted that the committee consists of an employee from each department. Upon White's
question, she clarified that this is just for City employees only. Dea Drake, Graphics Specialist,
expressed that flexibility in hours and money charged would be very helpful.
The meeting adjourned at 3:15 p.m.
Parks Committee Minutes
April 20, 1993
Councilmembers Present: Jim Bennett, Chair, Christi Houser and Jon Johnson.
Staff Present: Tony McCarthy, Roger Lubovich, Tom Brubaker, Alana
McIalwain, May Miller, Cheryl Fraser, Patrice Thorell ,
Ramona Fultz and Grady Kizziar.
Others Present: Judy Woods, Sue Goddard, Jean Parietti , Pat Curran, Greg
Murray and representatives of SSMD.
CITY OF KENT PERFORMING ARTS CENTER PRE-PLANNING.
Pat Curran, Chair of the Mayor's Performing Arts Center Task Force, introduced
Greg Murray, Executive Director of the Imperials Music and Youth Organization,
an organization interested in participating in .this project. She requested that
$30,000 from budgeted CIP funds, that have been set aside for this project, be
released for the second phase, or pre-planning phase. The resulting schematic
drawings, business plan and model of the final design would be used for community
selling tools for a bond issue. She said that in response to Jim Bennett's
request to tour a facility, he had been provided a tour of Meydenbauer Bay
Performing Arts/Convention Center in Bellevue.
Christi Houser stated that in view of the fact that this project has received
years of work and that the Council agreed to continue its support through the
stages, she saw no problem releasing funds. Bennett added that he appreciated
the informative tour and could visualize a scoped down effect.
Houser moved to recommend release of $30 000 for the Performing Arts Center to
finish Phase II Jon Johnson seconded the motion which passed unanimously (3-
This will be placed on the Council Consent Calendar of May 4, 1993.
YOUTH CENTER PLANNING AND DESIGN - RFP.
Cheryl Fraser, Staff Liaison, gave background information, noting the Youth
Center Planning Committee's objectives and its composition. She explained that
the Youth Committee is looking at long range planning, whereas Project Lighthouse
is looking at short term options - O'Brien could open as early as this summer.
A number of members belong to both groups. The Youth Committee has identified
and toured numerous youth center facilities.
Fraser gave a presentation on a draft Request for Proposal for Planning and
Design for a Youth Center, which would include site development, facility
planning and a cost estimate, and she also presented a resolution authorizing the
expenditure of funds for same. It was noted that at the request of the Youth
Committee, Councilmember Paul Mann presented the resolution at a recent Budget
Committee.
-z-
In response to a question from Tony McCarthy, Fraser explained that coordinating
efforts will take place with both the Performing Arts Center Task Force and the
Kent School District. Regarding Johnson' s site concern relating to a youth
center's impact on the surrounding area and nearby businesses, Fraser said the
term environmental impact" would be included in the applicable section of the
RFP. There was a site discussion about the possibility of expanding youth
services for ages six through twelve into each elementary school through the
existing Parks Department's Before and After School Program and offering the
junior/senior high programs at O'Brien.
Also discussed was the remodeling cost and concerns regarding the O'Brien site
with Fraser clarifying that the $700,000 to over $4 million range for remodeling
being quoted by the School District is for phases (from a Phase I night school
through a Phase III to open the entire facility) . A school architect's report
is available through Gerry Winkle, Kent School District.
Regarding the channel of approval , the Parks Committee requested that the Youth
Committee bring its architect selection to the Parks Committee for approval . Tom
Brubaker advised that under law, the dollar amounts must be excluded from the
resolution until an architect is selected. Brubaker recommended that Fraser be
authorized to quote a range for the consultant fees.
Afte
fromr architects, Brubaker
wouldsummarized
providethat
generalFPpPans process
forwould resumes
fulfilling the
requirements.
Fraser was directed to work with the City Attorney's Office to develop final
documents and return to the Parks Committee.
LAKE FENWICK TRAIL PROPERTY ACQUISITION - RELOCATION APPEAL.
Brubaker added this item to the agenda. He reported that, as required by state
law, the City has been relocating Lake Fenwick property owners and tenants and
has received an appeal . The City Ordinance regarding relocation states that the
City Council or its designee can hear relocation appeals. Brubaker recommended
that Ted Hunter, City Hearing Examiner, be designated as the appropriate person
to hear this appeal and that he be authorized to place this item on the next
Consent Calendar.
Houser moved that Ted Hunter City Hearing Examiner, be_ designated the
appropriate Person to hear the Lake Fenwick relocation appeal Johnson seconded
the motion and it passed unanimously (3-0) This will be placed on the May 4,
1993 Council Consent Calendar.
BER
BRENDA JACO in
Council agenda packet)
CITY OF
CITY COUNCIL PLANNING COMMITTEE
April 20, 1993 4 : 00 PM
Committee Members Present City Attorney's Office
Leona Orr, Chair Laurie Evezich
Jon Johnson
Planning Staff Other City Staff
Lin Ball Tony McCarthy
Jim Harris
Margaret Porter Guests
Fred Satterstrom
GROWTH MANAGEMENT UPDATE - (F. Satterstrom)
First, Planning Manager Fred Satterstrom reported that the Growth
Management Service Agreement from King County will be coming to the
Committee on May 18, 1993 . Second, Mr. Satterstrom reported SHB 1761
passed in the Legislature that gives a one year extension for the
completion of the Comprehensive Plan under the Growth Management Act, but
no extension on the development regulations were given. Fred said this
will double the work.
Planning Director Jim Harris requested to bring back Potential Annexation
Areas to the Committee on May 18 , 1993 . The action then will be
forwarded to the City Council with the intent to annex resolution.
METRO SUBSIDIZED BUS TICKETS - (J. Johnston)
Planner Rachel Johnston stated in January 1992 , the Metro Council formed
a Transit Fare Task Force to study fare issues and develop a fare
structure recommendation to their full council. One of the components of
the Task Force 's recommendation was the allocation of subsidized tickets
for human services needs. To accomplish this goal, Metro Council adopted
Resolution No. 6443 which enabled them to allocate in 1993 $200, 000 for
subsidized bus tickets for human services transportation. To use these
tickets human services agencies would match 25% of the cost of the
tickets and Metro would pay for the remaining 75% of the cost.
Therefore, $200, 000 from Metro and $66, 667 from human service agencies
would provide $266, 667 worth of bus tickets. Of the $200, 000, Seattle
will receive $109 , 752 and the remaining $90, 248 will be apportioned to
unincorporated King County and 10 cities within the County. The
allocation was based on a formula by poverty population - number of
households receiving less than $15, 000 annually. According to 1990
CITY COUNCIL PLANNING COMMITTEE MINUTES
APRIL 20, 1993
PAGE 2
Census data, Kent has 2, 668 such households. Thus, Kent is apportioned
$5,207 for subsidized bus tickets. This amount cannot be acquired by
Kent as funding, but rather "set aside" as a valuated amount which Metro
will disburse directly to designated human services agencies that serve
low income Kent residents. The County Shelter Providers Committee of the
Seattle King County Coalition for the Homeless proposed a management plan
for distribution of Metro subsidized bus tickets to homeless
clients. Representatives of King County and suburban cities recruited
additional agencies that serve low-income individuals. Planner Johnston
reported a revision to the Proposed Provider Allocation Plan with
additional agencies and the allocated amounts. Staff requested that the
following actions be approved:
1. Approval to allocate Kent' s portion of funds ($5, 207) as
proposed in the Provider Allocation Plan (Attachment B) .
2 . Forward to full City Council for consideration at its May 4th
meeting, and authorization for the MAYOR to send a letter to METRO
outlining Kent ' s approved allocation of funds.
Councilmember Johnson MOVED and Chair Orr SECONDED a motion to approve
the aforementioned two (2) actions. Motion carried.
ADDED ITEMS•
SEWER EXTENSION TO CITY OF SEATAC - (L. Orr)
Chair Orr mentioned that over a year ago the item of sewer extension to
the City of SeaTac went to the Public Works Committee which accepted the
"engineering concept" to extend the sewer across the river. Then, this
item came to the Planning Committee. The Planning Committee voted to
disapprove the request to extend the sewer. When the item came to the
City Council, the City of SeaTac pulled the item from the agenda. Orr
said the advise from our City Attorney Roger Lubovich is for this item to
come back to the Planning Committee for review to reaffirm the decision.
If this is still the Committee' s decision, then he recommended forwarding
this to the City Council for action. Chair Orr asked Jim Harris to call
the City of SeaTac about the issue and Mr. Harris will report on what he
finds out at the May 4 , 1993 meeting.
SHORT PLAT PROCEDURES
Planning Director Harris requested that this project be brought back to
the Committee in late June or July 1993 .
ADJOURNMENT
The meeting adjourned at 4 : 30 p.m.
PC0420.MIN
PUBLIC SAFETY COMMITTEE MINUTES
April 19, 1993
COMMITTEE MEMBERS PRESENT: Paul Mann, Chairman
Leona Orr
Jon Johnson
STAFF PRESENT: Chief Crawford
Roger Lubovich
Dave Haenel
Captain Byerly
Tony McCarthy
Mary Berg
Patrice Thorell
Bruce Weissich
Jim Bennett
MEMBERS OF THE PUBLIC: Chris Gianelli, Omni
Tom & Mary Pinches, Beanery
Jean Parietti
Unidentified Citizen
The Meeting was called to order at 5:30 p.m. by Chairman Mann.
PHOTO RADAR PROPOSAL
Dave Haenel, Asst. City Attorney, explained that the photo radar system has legal issues that
should be addressed before any implementation is made. He noted some problems as follows:
1) hard to enforce speeding tickets; 2) due process difficult since infractions are mailed and
could be considered insufficient notice; 3) vehicles are not stopped nor signatures received from
offenders; 4) equal protection problem because photos are not always of best quality; 5) proof
in court is hard because photograph with identifying information on side is the only evidence
presented; 6) driver could challenge privacy being invaded; 7) driver could claim it was someone
else who looked like him. Haenel noted possible solutions as follows: 1) convince State
Legislature to fund a person at the Department of Licensing to handle this; 2) change severity
of speeding tickets; 3) rewrite laws to lessen penalties and issue citations to the vehicle rather
than the driver so that the due process issue wouldn't be a problem. Upon Orr's question,
Haenel clarified that if some cities had this system and some didn't, it would hinder enforcement
of speeding violations for those who didn't have it. It was the consensus of the Committee to
wait until technology catches up and better photographs can be taken before the City implements
this type of system.
REPORT ON THE OMNI/BEANERY CONCERNS
Captain Byerly, Police Department/Patrol, explained that the owners of the•Beanery and the
Omni have been contacted, and that the Police Department's role is to protect and help each
business succeed. Tom and Mary Pinches, Beanery owners, noted that the parking is not the
issue, but that safety is the problem. The owner of the Omni indicated that the problems really
started just two months ago over a parking dispute. Chief Crawford expressed that he feels this
is just a dispute between the two owners, but the Police Department will continue to watch the
Omni closely to make sure people do not get hurt. Mann and Orr expressed their concerns
about the responsibility and misconduct happening in the parking lot. Chief Crawford assured
them that drunk drivers are not allowed to drive and that some type of evaluation is done. Upon
Mann's question, Chief Crawford explained that there is a blanket policy in effect with the Omni
where the Police Department can arrest someone for trespassing which eliminates the loitering
problem. Mann requested Byerly to investigate the history of both businesses for the last eight
years and asked the owners to try and work things out. Mann noted that when the information
is available, the Committee will address the issue.
BARRIERS ALONG THE GREEN RIVER
Mann noted that recently a vehicle had gone off at Frager Road into the Green River and the
driver was drowned. He noted that a newspaper report mentioned that this has happened before,
and he requested an examination be done to explore the possibility of putting a barrier up. ORR
MOVED that this item be sent to the Public Works Committee for evaluation and discussion.
Mann seconded and the motion carried 2-0. Mann noted that they need to know how long a
stretch this is.
The meeting adjourned at 6:43 p.m.
PUBLIC WORKS COMMITTEE
APRIL 7, 1993
PRESENT: JIM BENNETT ED WHITE
PAUL MANN JACK SPENCER
DON WICKSTROM LINDA JOHNSON
TOM BRUBAKER MR & MRS RUST
GARY GILL KEN TETERINGTON
JACK WAGNER
COUNCILMAN JIM WHITE - ABSENT
Kent Covenant Church
Mann stated that he felt this issue has not yet been resolved.
Wickstrom stated that the issue is not with us; the issue is that
King County will not allow the Church to put a private sewer line
on the County ' s public right-of-way. Wickstrom stated that the
Church' s LID did not materialize, and the City allowed them to 90
with an on-site private side sewer type lift station. Wickstrom
said that in order to connect to our system, they would have to run
the force main in King County right of way. King County has a
policy which will not allow them to run a private force main within
their right of way. Wickstrom also stated that we do not take over
operation and maintenance of a private side sewer (force main) .
After further discussion it was determined that a King County road
permit is required to be signed off by the City. Bennett suggested
to Jack Wagner that the Church representatives go back to the
County and clear up this issue. Gill stated that if they get a
response from the County and if they need to make application for
a right of way permit, Wagner should then contact the City to sign
the permit.
Downtown Kent Plant & Garden Show
Linda Johnson, of the Downtown Partnership, has requested
permission, by ordinance, to sponsor a Plant & Garden Show from
7:00 P.M. June 11th to 11: 00 P.M. June 13th. Johnson requested
that certain streets be closed during this event. Johnson asked
the Committee for action on this item so that it can be brought
forward to Council on April 20th.
Committee unanimously recommended approval.
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Street Cleaning
Wickstrom stated that staff talked with our street sweeping
contractor and at no cost to us, he is willing to sweep the
downtown area between 4 : 00 - 6: 00 on Mondays and the other two
days, would be his normal time of sweeping. Wickstrom stated this
will not cost us any extra money and he can work with the crews he
has.
Sale of Surplus Equipment
Wickstrom stated that we have a list of equipment approved in the
193 budget as a cost saving measure to declare as surplus.
Wickstrom requested that these items be declared surplus so they
can go to the State auction.
Committee unanimously recommended approval.
Cable T.V. Franchise
Brubaker circulated copies of the draft Master Cable T.V. Ordinance
and the draft TCI Franchise Ordinance, as well as a Bulletin from
the cable consultant regarding the impact of the recent Federal
regulations. Brubaker requested approval of the Ordinance for
first reading and public hearing at the next Council meeting on
April 20th. Brubaker noted that there will be some technical
amendments. Brubaker stated that what we have now under our
current contract is a 5% franchise fee; 36 channels and one public
access channel; one government channel and two education channels.
Under the new contract we will have a 5% franchise based on
expanded definition of gross receipts which increase the City's
income approximately $100, 000 per year. TCI will pay the City its
actual cost to negotiate this franchise; the new franchise sets
specific customer service and customer response time requirements;
it gives the City specific authority to set rates if the law
allows; it provides for senior and disabled citizens; low income
discounts; it requires that cable be available to everyone in the
City except under certain extraordinary circumstances; it provides
parental control devices; it provides the City the ability to
periodically re-evaluate TCI ' s system and performance; it will
provide us with one government access channel fully dedicated to
the City of Kent immediately; it will include camera wiring and
production facilities for the City's chambers; it will provide an
internal network system for the Fire Department and within 48
months or upon TCI ' s construction of a fibre optic network in the
City of Kent, whichever occurs first, we will have unlimited
channel capacity; the internal network system will become a two-way
system for fire and will be available for police and for the Kent
School system. Brubaker stated that the franchise term is 15
years. Brubaker requested Committee's approval to go forward with
this item to Council on April 20th for a first reading and public
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hearing, with Council adoption on May 4th.
Committee unanimously recommended Council approval for the public
hearing and first reading of the Cable T.V. Franchise for April
20th.
Brubaker requested an Executive Session immediately following the
meeting.
Parking Policy Review
Wickstrom stated that this agreement is associated with the City' s
parking requirements in relationship to the objectives of the
Commute Trip Reduction law. Under the agreement, the City will
receive $20, 000 (grant) for this effort. Although the Mayor has
already signed this, as a procedural matter we need Council
authorization for same establishing the budget.
Committee unanimously recommended approval.
196th/200th St Corridor Interaclencv_Agreement
Wickstrom stated that this is a draft agreement between the City
and County for the 196th/200th street project.
pC jectnty budgets Coforunty
the
is
paying their share and every year
improvement and every year they are required to enter into a new
agreement to do so. Wickstrom stated that this gives us $2 , 080, 000
to spend for the project. Wickstrom said that the reason this
agreement is in draft form, is that dollar figure may increase.
Committee unanimously recommended Council authorization for the
Mayor to sign this agreement.
Van Doren Way Vacation l64th Ave to S. 228th St1
Wickstrom stated there is a proposed development within the plat of
Van Doren' s Landing which may need to vacate Van Doren Way. This
is a major potential development that the builder would need to
occupy in July and in order to do so we want to give the developer
tentative approval now, so that between now and April 20th, if the
developer comes in with his formal vacation request, we can then
process it at the April 20th
Council meeting.
Committee unanimously recommended approval.
Miscellaneous Watermain Rebuilds
Wickstrom explained there was only enough time to check the three
low bids prior to putting the Committee' s packets together.
However, after checking the remaining bids the original fourth
bidder, Briggs Construction, ended up being the low bidder with a
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bid of $281, 200. 99 and we are proposing to award them this bid. In
kstrom explained that Briggs had made an
response to Bennett, Wic
error in his bid which in turn made him low bidder. Wickstrom
stated that we cannot deny awarding Briggs the job. Wickstrom said
that in the bid proposal, there were several different schedules in
which we had noted_ that the lowest price in any one schedule will
govern throughout the schedule; Briggs had different prices for the
same item in various schedules. Since we had specifically stated
that we will take the lowest and correct his bid to that, we do not
have a choice but to award this project to Briggs.
Committee unanimously recommended awarding to Briggs contingent
upon references received.
Hazardous Materials Building
Wickstrom explained that the low bidder on this project was not
responsive for the following reasons: A) Did not provide a copy
of letter indicating that bidder is FM (facilities material)
approved, as required by specification description, Basic
Structure, B) Did not provide printed literature as published by
the factory to Bid Form, which describes and sets out equipment
proposed to be furnished as required by bid requirements, and,
C) Did not provide three references within 1o0 miles of the City of
Kent where bidders product may be inspected as required by
Specification Description, General. As such, we are recommending
that his bid be rejected as non-responsive and that the award be to
the second low bidder, Safety Storage Company.
Committee unanimously recommended awarding to Safety Storage
Company.
Bike Trail Extension .- Earthworks Park
Wickstrom stated that staff has prepared two estimates; one for a
bike trail up the Mill Creek Canyon and one for Canyon Drive in
conjunction with sidewalk improvements. The estimate in the canyon
is approximately $3 million and the estimate up Canyon Drive is
approximately $800, 000. Staff recommends, if a bike trail is
desired, to put it on the road. Wickstrom said we are updating our
Six Year TIP and this project could be included therein, were the
Committee to concur. Wickstrom said these types of bike trail,
pedestrian projects are good candidates for federal grants.
Committee unanimously recommended approval of a bike trail up
Canyon Drive, to be included in the six Year TIP.
Safeway/Langston Landing - Left Turns
Mann had requested that this item be brought back to Committee.
Discussion followed regarding the problem of turning left out of
Safeway onto Washington Ave. Wickstrom explained that one problem
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is that a portion of Washington Ave. is under limited access by the
State and the driveway in question is within that limited access.
Ed White stated that all of these issues were brought up to the
developer and he was made aware of the limited access problem
before construction and he chose to ignore this. White further
commented that when the State reviewed the project, they (the
State) would not allow left turn movement within 300 feet of the
intersection. White stated that Safeway opted to two driveways
rather than one central driveway as recommended by staff.
Committee directed staff to bring this issue back to the next
Public Works meeting with a scale drawing of the left turn island
with a car in the left turn lane.
James Street Safety Improvements
Mann commended the Public Works staff on what they have done in
providing signs with blinking yellow lights notifying motorists
that there are left hand turns off James Street. Mann stated
however, that he feels we are still short of where the danger
signal should be placed and that a sign at Hilltop and James should
be installed. After further discussion, Committee directed staff
to indicate distance of left turns ahead on the existing signs.
Kent School Administration Bill of Sale - Amendment
Wickstrom stated that the Bill of Sale for this project had been
accepted by Council in it' s entirety however, we need to delete
that portion accepting over 2 , 000 feet of storm sewers. Wickstrom
stated that the storm sewers belong to King County.
Committee unanimously recommended amending the bill of sale.
Executive session was called regarding Cable T.V. Franchise.
Meeting then reconvened and was adjourned.
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pUBLIC WORKS CONIlb MEE
APRIL 219 1993
PRESENT: PAUL MANN ED WHITE
JIM BENNETT JOHN BOND
TONY McCARTHY ROBYN BARTELT
GARY GILL MAY MILLER
TOM BRUBAKER MR & MRS RUST
CHIEF ED CRAWFORD
ABSENT: JIM WHITE
DON WICKSTROM
James Street Safety Improvements
Bennett stated that in his opinion, the real safety issue on James
Street is the left turns into the Church. Chief Crawford stated
that yellow lights do work in trying to take care of specific
merging problems. Gary Gill stated that staff is planning to
install additional flashing lights closer to Summit on James St.
John Bond said this installation will be completed in 6o days.
Gill explained that Ed white is planning to contact Ron Benson from
City Transfer and revisit the issue about alternative access in and
out of the church site because they had talked to staff at one time
about acquiring easements from property owners just east of the
church parking lot site and constructing a new driveway access up
onto Alvord St. This then would take them to an intersection which
would help solve that problem.
Water Conservation Plan
Robyn Bartelt stated that approval of Kent' s Water Comprehensive
Plan is contingent upon the City having a water conservation
element. This plan has been prepared based on the guidelines from
the Dept of Ecology, Dept of Health and the WA Water Utility
Council. Bartelt further stated that this plan details how the
City intends on meeting the goals of the 6. 5% water reduction by
1995 and 8% by the year 2000. Bartelt noted that also included in
the plan is a projected budget impact and it is estimated that it
will be incorporated into the 1994 budget. Bartelt explained that
some of the major costs would include printing and distributing a
quarterly newsletter, which would be printed in-house, and
technical studies which will be showing the consumption history on
the utility bill. Bartelt said that the plan itself basically
addresses key areas such as public education, technical assistance
programs, systems measures and incentives and requirements.
1
Bartelt stated that she feels that public education will be one of
the key areas to reach the public. Bartelt stated that as
recommended by the Public Works Dept. we need to adopt the plan by
ordinance. Brubaker asked the Committee if they wish to move
forward on this plan, he will draft an ordinance and include it in
the packet for the next Council meeting, May 4th.
Committee directed Brubaker to draft an ordinance adopting the
Water Conservation Plan as an element of the City' s Comprehensive
Water Plan.
Bennett made a comment at this time stating that the small change
theater was an excellent idea. Bennett also made a comment
relative to the pressure reduction paragraph in the plan stating
that he is concerned with the lowering of pressure because most
fire mains are built to a minimum standard without an extra
"cushion" . Gill explained that we have a computerized model of our
water system that we use thru CH2M Hill. Thru this model we can do
a very in-depth analysis as to what a system can deliver for fire
protection. This is a primary element in the design of our entire
water system.
In response to McCarthy, Bartelt stated that the quarterly
newsletter would be going out with the utility bills. In response
to Bennett, Bartelt said the budget for this comes out of the water
utility fund.
Parking Restrictions on 100th Ave SE
Ed White stated that staff received a request regarding a site
distance problem in front of Ashley Terrace Apartments on the
eastside of 100th Ave. SE where a truck had been parked. As people
exited the apartment complex, they could not see to the right
around the truck. As a result of that request, staff posted "no
parking between signs" . White stated that the apartment manager
wanted to use this area to accommodate the overflow parking.
White suggested to the manager that the City is willing to allow
parking at this location provided the manager make the necessary
improvements, those improvements being -to install a drainage
culvert, within the existing roadside ditch, widen and pave the
roadway shoulder for parking and install a curb and an asphlt
walkway adjacent to the parking strip. Gill stated that they
informed the manager what needed to be done in the way of plan
submittals for this and the City would approve the improvements
based on his plans. Gill stated that to date, we have not heard
back from the apartment manager. At this point White commented
that developers over-develop property without consideration for
adequate on-site parking.
Committee directed Brubaker to prepare a Resolution which would
reinforce the City's current parking policies.
2 ,
r
Restricted Parking ordinance
Ed White requested that this item be tabled until a meeting is held
between Public Works, Police, Planning and Connie Epperly and
Sharon West, to work out a better solution to this problem.
Committee unanimously agreed to table this item until staff reports
back with results of the meeting.
Safeway/Langston Landing
Ed White displayed a drawing showing left turns in and out of
Safeway and K-Mart onto Washington Avenue. White stated there are
two possible options to the problem, the first option being to
allow left turns into K-Mart and Safeway but restricting the left
turns coming out. White stated that the second option does nothing "
for Safeway and gives. K-Mart the same options that they have right
now. Safeway would be restricted to a right in, right out, only.
Gill stated that there is approximately 1300 feet between Willis
St. and Meeker St. The only plausible way of trying to space it
enough so there would be adequate turn-in pockets at each
intersection and still provide safe turning movements into and out
of both sites mid-way between the intersections, would be to put a
signalized intersection at a common driveway. Gill stated this
would require state approval for a new signal; it would also
require Safeway and K-Mart to reconstruct their driveway access
points. After further discussion, White stated that he will make
the necessary contacts at K-Mart and Safeway and along with the
Legal Dept and Police Dept, present them with our options and see
if something can be worked out.
Committee unanimously agreed with this plan of action.
Reith/Cambridge Tank Painting
Gill stated that this contract is complete and is ready for final
acceptance.
committee unanimously agreed to accept the project as complete.
Downtown Infrastructure
Due to the absence of Raul Ramos, Committee unanimously agreed to
postpone discussion of this item.
Vehicle Auction
Committee commended staff in the results of the sale of the surplus
vehicles at the State auction. There was no further discussion.
3
Bills of Sale
Committee unanimously agreed to accept all Bills of Sale on the
following projects:
80th Ave S Paving/Repair
Sanitary Sewer Extension• Alley Between 2nd and 3rd Avenues
Watermain Extension - 900 Block of 2nd Ave.
Meeting adjourned at 7 : 00 pm.
4