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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/01/1993 City of Kent Colt Councoll Meeting Agenda CITY OF JJN 4T �T4 y ` Mayor Dan Kelleher Council Members Judy Woods, President Jim Bennett Paul Mann Christi Houser Leona Orr Jon Johnson Jim White June 1 , 1993 Office of the City Clerk CITY OF ��ZSV� SUMMARY AGENDA KENT CITY COUNCIL MEETING June 1, 1993 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 ,A. Employee of the Month Regional Justice Center Update Computer Rail Update j (v3 2 . PUBLIC 111EAZ�vRINGS None 3 . CO ENT CALENDAR Minutes �B: Bills Water System Plan - Resolution13� � IS 1993 Jail Health Services Contract Safety Belt Education/Information Grant �F. Unfunded Federal Mandates - Resolution 13 Offsite Overflow Parking Resolution 13 �, 3 If. Kent Cornucopia Days - Ordinance 311 J Ramstead/Schneider Annexation - Authorization to Sign Petition ,�J. Traffic Signal Remodel - 228th & 84th & SR 167 Ramps - Accept as Complete /K 1992-93 Growth Management Act Grant - Service Agreement with King County - Resolution 13(0`/ ,,L' Human Services Commission Appointment 4 . OTHER BUSINESS �K. 272/277 Corridor - Road Improvement Agreement 1) 116 Ave/Lindental Meadows 2) 116 Ave/Julie' s Addition 5 . BIDS Highway Paint Striper 6 . CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSION - Labor Negotiations 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) mployee of the Month B) Regional Justice Center Update L i C) Commuter Rail Up e og u CONSENT CALENDAR 3 . City Council Action: E ai'amember move r. mem er -- sr� _n- that Consent Calendar Items A through L be approved. (�iw 4-L Cesyv CU Cfj Cw- Discussion jAo Action Y V 0 V U 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of May 18 , 1993 . 3B. Approval of Bills. Approval of payment of the bills received through May 28 , 1993 Cam, after auditing by the Operations Committee at its meeting on d� June 1, 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 May 18 , 1993 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Dan Kelleher. Present: Councilmembers Bennett, Houser, Johnson, Mann, Orr and White, Chief Administra- tive Officer McCarthy, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo and Human Resources Director Olson. Council President Woods was excused from the meeting. Approximately 35 people were in attendance. PUBLIC Exchange Student. Mayor Kelleher introduced COMMUNICATIONS Sarah Plouff, a student at Kentwood High School who is active in a student exchange program with Japan. He noted that Ms. Plouff is a Student Ambassador and will leave Seattle for Japan on August 9th, and that the trip will cost approxi- mately $1, 995 . Ms. Plouff said that she has studied Business and Japanese, and would like a career in international trade. She added that she will be working at the University of Washington this summer as an interpreter for the Mayor of Kobe. She noted that she has raised over half of the money needed for her trip, and that she would appreciate any donations . Commuter Rail Update. Julie Rodwell, Project Coordinator for Metro, stated that $25, 000, 000 in Federal funding has been authorized for this project, and that State and local funding will be sought next year. She noted that an interlocal agreement is needed between the City and Metro regarding station site selection, safety, grade crossings, grade separations, track speed and so forth. She also noted that there will be an item on the ballot regarding funding for a bus system that will feed the rail system. Rodwell said Metro is working with Kent to develop a brochure on this issue, and would like to hear from Council, citizens, committees, and anyone with input. She agreed with the Mayor that repre- sentatives from Metro and the City should work together on issues such as parking at the Regional Justice Center and other facilities, to minimize expenditures for both. CONSENT WHITE MOVED that Consent Calendar Items A CALENDAR through Q be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of the Minutes. APPROVAL of the minutes of the regular Council meeting of May 4 , 1993 . 1 May 18 , 1993 HEALTH & (CONSENT CALENDAR - ITEM 3K) SANITATION Hill Building 80-A. ACCEPTANCE of the bill of sale and warranty agreement submitted by Hill- Raaum Investment Company for continuous operation and maintenance of 815 feet of water main extension and release of bonds after expiration of the maintenance period. The project is located at 18506 Both Place S. , as recommended by the Public Works Committee. WATER (PUBLIC HEARINGS - ITEM 2A) Water Conservation Plan. This date has been set for the public hearing on the proposed Water Conservation Plan. This proposed plan. is to be incorporated into the City' s adopted Water System Plan as an amendment. Robyn Bartelt, Conservation Specialist, noted that formal approval of Kent's Water Comprehen- sive Plan by King County is contingent upon having a water conservation element, and that this proposed plan follows the guidelines prepared by the Department of Ecology, the Department of Health, and the Washington Water Utilities Council. She noted that the goal is a reduction of 6 . 5% by 1995, and 8 . 0% by 2000 . She noted that the plan will 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 total annual consumption, and develop public awareness and education. She noted that high- lights of the plan include public education, technical assistance, system measures, and incentives and requirements. She added that the costs of the plan will be incorporated into the 1994 budget and financed through the City' s water fund. She noted for White that population growth was factored in when determining the amount of water reduction. Upon a question from Paul Morford Bartelt said that water rates will not be increased, and Wickstrom explained that growth in the water utility revenues will compensate. The Mayor opened the public hearing. There were no comments from the audience and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. WHITE THEN MOVED that the City 2 May 18 , 1993 WATER Attorney be directed to prepare the appropriate ordinance or resolution for the adoption of the Water Conservation Plan as an amendment to the city' s adopted Water System Plan. Houser seconded and the motion carried. SIDEWALKS (CONSENT CALENDAR - ITEM 3J) LID 342 - Smith Street Sidewalks. ADOPTION of Ordinance No. 3114 creating LID 342 for the installation of sidewalks along Smith Street from West Valley Highway to 64th Avenue S. , as dis- cussed at the City Council meeting of May 4 , 1993 . CONSTRUCTION (OTHER BUSINESS - ITEM 4C) STANDARDS Public Works Construction Standards. At the last Council meeting on May 4 , the Council adopted the City' s newly revised Public Works Construction Standards. Since that time, some technical corrections have been made to these standards. The Public Works Department now requests adoption of these standards, including the recent techni- cal amendments. The City Attorney noted that a new ordinance has been prepared to replace the ordinance in the agenda packet. Assistant City Attorney Brubaker distributed copies of the new ordinance and explained that after review of the public comments received after the public hear- ing, they determined that additional discretion should be given to the Director of Public Works. He noted that the changes made were changing the word "shall" to "should" , changing the word "must" to "may" , and so forth. He noted that an explanatory proviso was added to the first section of the Standards to provide a clear statement of the purpose and effect. Paul Morford complimented the people who reviewed the Standards. CONSTRUCTION WHITE MOVED that Ordinance No. 3117 adopting the STANDARDS newly revised Public Works Standards be adopted. Bennett seconded and the motion carried. COMMUTER RAIL (CONSENT CALENDAR - ITEM 3L) Commuter Rail System. ADOPTION of Resolution No. 1356 relating to Commuter Rail System, as recom- mended by the Public Works Committee, 3 May 18 , 1993 CRITICAL AREAS/ (CONSENT CALENDAR - ITEM 3C) WETLANDS Critical Areas/Wetlands. ADOPTION of Critical Areas/Wetlands Ordinance No. 3109 (ZCA-91-3) , as approved by the City Council on April 20, 1993 . (CONSENT CALENDAR - ITEM 3D) Amendment to Comprehensive Plan Policies/ Critical Areas. ADOPTION of Critical Areas Resolution No. 1354 (CPA-91-1) which amends the Comprehensive Plan as approved by the City Council on April 20, 1993 . REZONE (OTHER BUSINESS - ITEM 4D) Venture 84 Rezone. Ordinance No. 3100 was passed by the City Council on April 20, 1993 . Because the exhibit attached thereto transposed Parcels A and B, and incorrectly identified the property, it is necessary to enact a new ordinance amending the official zoning map of the City of Kent to rezone the property. It is located on the west side of 84th Ave. So. , approximately 390 ft. north of South 222nd St. and is more specifically identified as the western 445 ft. of Parcel No. 7759800041. The City Attorney noted that Ordinance No. 3100 properly identified the parcel but that the applicant transposed the parcels on the exhibits. ORR MOVED to adopt Ordinance No. 3118 rezoning certain property located on the west side of 84th Avenue South approximately 390 ' north of South 222nd Street, and repealing Ordinance No. 3100 . White seconded and the motion carried. ANNEXATIONS (OTHER BUSINESS - ITEM 4E) Interim Potential Annexation Areas. The proposed resolution would adopt an Interim Potential Annexation Area, as recommended by the Planning Committee. Planning Director Harris noted that the Council has adopted a Potential Growth Area, and that they must also adopt a Potential Annexation Area. He showed a map of the area as approved by the Planning Committee, and noted that it is almost the same as the growth boundary approved earlier. He explained that other cities cannot infringe on the annexation areas. He stated that people must still petition the City to annex, and that the City will work with the County to set up meetings in the potential 4 May 18 , 1993 ANNEXATIONS annexation areas so that residents are aware that the City is considering annexing that area in the future. ORR MOVED to approve Resolution No. 1360 adopting an Interim Potential Annexation Area. White seconded and the motion carried. PERMIT PROCESS (OTHER BUSINESS - ITEM 4F) Permit Process Direction. As discussed at the Council Workshop of April 26, 1993 , Resolution No. 1348 (adopted by the Council on March 16 , 1993) is being brought back to the Council for reconfirmation or modification. Only four Councilmembers were able to attend the workshop, so no direction was given at the meeting. If Council so desires, Administration is prepared to implement the resolution as written within the time frames stated. Administration ' s proposal is included in the agenda packet, as well as the proposal provided by Councilmember Jon Johnson. Chief Administrative Officer McCarthy noted that Administration recommends that the original report as proposed by the Mayor' s Advisory Committee be adopted. He explained that it would be implemented as follows : 1) Council would give authorization to establish an Office of Development Permits and Inspections from the existing staff of the Building section of the Code Enforcement Division of the Fire Department, and the Office would report to Administration; 2) the Fire Prevention section of the Code Enforcement Division of the Fire Department would be combined with the Training Division of the Fire Department, and Assistant Chief Berg would be assigned to head that new Prevention and Training Division, filling the position left vacant by Assistant Chief Kearns; 3) an engineer- architect would be selected to fill the slot vacated by Assistant Chief Berg. MANN MOVED to accept and adopt the original Mayor 's Committee recommendations and to direct the City Attorney to prepare the required ordi- nance. Bennett seconded. Orr voiced concern about the effect of combining the Fire Prevention and the Training Division on the Fire Department, and of taking a person from Public Works to head the new office. The Mayor and McCarthy clarified that the recommendation is to hire the person in 5 May 18 , 1993 PERMIT PROCESS charge of the new office from outside. Fire Chief Angelo said that because of staff shortages, they are not able to provide all the training they should. He said that the two divi- sions would have to remain separated physically and that it would be impossible for one person to operate both. He pointed out that he has tried to pull staff together to minimize the cost of operation, but that this would leave Fire Preven- tion, Hazardous Materials, Disaster Management and Arson Investigation without any support unit to answer phones and do support work. He ' informed the Council that if this is combined in the way presented, public safety would be com- promised in regard to training for firefighters and in the ability to carry out functions in other areas. He voiced concern that they would become ineffectual in many areas because of the short staff, and said he hopes for an opportunity to submit a plan that would allow both units to function with a chief officer in Fire Prevention and a chief officer in Training. He said that by being allowed to assign that, to utilize funds from vacant positions, and to fill some posi- tions, he could cover the existing services and make some progress in training. MANN MOVED to amend his motion to incorporate the Fire Chief ' s concerns and that as much as possi- ble be done to alleviate his fears with regard to safety. Bennett accepted the amendment. The Mayor noted that it would be appropriate for Chief Angelo to develop a scenario including budget suggestions and submit it to Adminis- tration. White opined that this is not a policy decision, but an administrative decision. Johnson spoke against the motion, noting that it does not meet the intent of Council ' s resolution, that it will cost money to implement, that inspectors and plan review people are needed rather than managers, that public safety would be compromised, and that it would centralize Administration. He offered a substitute motion to move the organization of the Building Depart- ment and the permit function in the Planning Department into the Construction Division of the Public Works Department. Orr seconded. The motion to substitute failed with only, Johnson and Orr in favor. 6 May 18 , 1993 PERMIT PROCESS Orr voiced concern about hiring from the outside, and said she does not believe the permitting process should be in the hands of an elected official. She noted that there are employees who are well educated in code enforcement, zoning regulations, safety issues, hazardous materials, and so forth. She said that that having this department report to Administration takes it out - of the hands of the people who should be in charge. Johnson said that putting the Building Department under Administration defies management principles, and that the morale of the employees should be considered. He added that this will not speed up the permit process or save money. Bennett explained that all complaints come directly to Administration and this would provide them an opportunity to deal with them. He agreed with White that the Council should not be in- volved in this, and said the real issue is service to the community, not staff morale. MANN offered as an amendment to his motion that the new organization be re-evaluated at the end of the year, and that at that time the new admin- istration would determine if further modification or direction is needed. Bennett agreed to the amendment. White noted that this is an interim measure designed to streamline and improve the process, that it need not be political, and that he is dedicated to seeing that the public is better served. The motion to accept and adopt the original Mayor' s Committee recommendation, to direct the City Attorney to prepare the required ordinance, to take whatever steps are possible to accom- modate the Fire Chief ' s concerns, and to re-evaluate the new organization at the end of the year then carried with Orr and Johnson opposed. VALLEY (CONSENT CALENDAR - ITEM 3E) COMMUNICATIONS Valley Com Interlocal Agreement Addendum. ADOPTION of Resolution No. 1355, authorizing the execution of an addendum to the existing Valley Com Interlocal Agreement. The legal wording for the agreement was recently reviewed in light of the upcoming implementation of the County-wide 800 MHz Public Safety Radio System. The addendum 7 May 18 , 1993 VALLEY simply clarifies language to match the intent and COMMUNICATIONS past practice of Valley Communications to hold property and enter into agreements with other parties. This is of particular importance in enabling Valley Communications to receive funds from the King County 800 MHz radio levy. YOUTH CENTER (CONSENT CALENDAR - ITEM 30) Project Lighthouse & Rent Youth Center. ADOPTION of Resolution No. 1359 , endorsing the collabora- tive efforts of Project Lighthouse and the City of Kent to provide comprehensive services and resources to the adolescent youth of the Kent area, as recommended by the Parks Committee. (CONSENT CALENDAR - ITEM 3P) Youth Center - Planning & Design. AUTHORIZATION to proceed with a request for proposal from architectural firms interested in bidding on the planning and architectural design for the development of a community youth center, as recommended by the Parks Committee. CITY (CONSENT CALENDAR - ITEM 3F) REGULATIONS civil Violations Enforcement & Abatement. ADOPTION of Ordinance No. 3110 adding a new chapter to the Kent City Code, Chapter 1. 04 , entitled "Civil Violations, Enforcement and Abatement" , as recommended by the Operations, Planning, and Public Works Committees. This ordinance establishes a single procedure for enforcing civil violations of certain code provisions making reference to this chapter and establishes a process to obtain compliance of code violations and for abatement of the violation, if necessary. (CONSENT CALENDAR - ITEM 3G) Public Nuisances. ADOPTION of Ordinance No. 3111 amending Chapter 8 . 04 of the Kent City Code relating to litter control by repealing a section relating to abatement, and by providing for civil penalties and further repealing Chapter 8 . 01 of the Kent City Code regarding public nuisances and adding a new chapter to be titled "Public Nuisances" , as recommended by the Operations Committee. This ordinance updates types of nuisances and provides for enforcement of nuisance violations through Chapter 1. 04 , Civil Violations, Enforcement and Abatement. 8 May 18, 1993 CITY (CONSENT CALENDAR - ITEM 3H) REGULATIONS Disposition of Junk Vehicles. ADOPTION of Ordinance No. 3112 adding a new chapter to the Kent City Code, Chapter 8 . 08, entitled "Junk Vehicles" , as recommended by the Operations Committee. This ordinance provides procedures for the removal of junk vehicles as authorized by RCW 46 . 55 . 240 as public nuisances. Enforcement of this chapter is through Chapter 1 . 04 , Civil Violations, Enforcement and Abatement. (CONSENT CALENDAR - ITEM 3I) Weeds & Vegetation. ADOPTION of Ordinance No. 3113 adding a new chapter to the Kent City Code entitled "Weeds and Vegetation" identifying certain conditions of vegetation as public nuisances, and providing procedures for removal of vegetation constituting public nuisances, as recommended by the Operations and Public Works Committees . This ordinance also provides that enforcement of this chapter is through Chapter 1. 04 of the Kent City Code, Civil Violations, Enforcement and Abatement. PARKS & (CONSENT CALENDAR - ITEM 3M) RECREATION Metro Shoreline Improvement Grant Funds. ADOPTION of Resolution No. 1357 authorizing the Parks Department to apply for Metro Shoreline Improvement Grant funds to acquire and develop Riverview Park, as recommended by the Parks Committee. (CONSENT CALENDAR - ITEM 3N) Ring County Conservation Futures Funding. ADOPTION of Resolution No. 1358 authorizing the Parks Department to apply for King County Conservation Futures funding to acquire property in Upper Mill Creek Canyon and to acquire Riverview Park, as recommended by the Parks Committee. COUNCIL (CONSENT CALENDAR - ITEM 3Q) Council Absence. APPROVAL of a request from Council President Woods for an excused absence from tonight ' s meeting due to illness. 9 May 18 , 1993 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through May 14, 1993 after auditing by the Operations Committee at its meeting on May 18 , 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount 5/1-5/15 130328/130800 $1, 665, 044 . 22 Approval of checks issued for payroll : Date Check Numbers Amount 5/20/93 Checks 183439-183881 $ 297 , 322 . 03 Advice 6758-7067 366 , 183 . 03 $ 633 , 505 . 06 (OTHER BUSINESS - ITEM 4A) Refunding of 1980 1986 and 1990 Voted Bonds - Bond Ordinance & Purchase Contract. The Opera- tions Committee has recommended that Council adopt a bond ordinance and authorize the Mayor to sign a purchase contract with Lehman Brothers for approximately $14, 638 , 550 to refinance the call- able portion ($12 , 755 , 000) of the 1980, 1986 and 1990 Voted Bonds. The true interest cost will be approximately 5 . 44 percent which will save the City approximately $470 , 000 in present value debt service. The refinancing will allow a property tax reduction of approximately $. 15 per thousand of assessed valuation, saving the owner of a $100, 000 home approximately $14 . 95 per year in property tax. Acting Finance Director Miller noted that the City has maintained their bond rating of Al and A+ even with the economic downturn. She in- troduced the City' s underwriter, Dick King. Mr. King then noted that the amount has been reduced from $14 , 638 , 550 to $14 , 085, 000 which will generate total debt service savings over the next seventeen years of $815 , 000, which translates to a net present value savings of $589 , 659 . 10 May 18 , 1993 FINANCE HOUSER MOVED to adopt Bond Ordinance No. 3115 and to authorize the Mayor to sign a purchase con- tract with Lehman Brothers. Orr seconded and the motion carried. (OTHER BUSINESS - ITEM 4B) Refunding of 1978 and 1989 Councilmanic Bonds.. - Bond Ordinance and Purchase Contract. The Operations Committee has recommended that Council adopt a bond ordinance and authorize the Mayor to sign a purchase contract with Lehman Brothers for approximately $2 , 740, 000 to refinance the call- able portion ($2 , 495 , 000) of the 1978 and 1989 Councilmanic Bonds . The true interest cost will be approximately 5 . 29 percent which will save the City approximately $94 , 000 in present value debt service. The savings can be used to finance future Capital Improvements which will be identi- fied in the 1994-1999 Capital Improvement Plan update. Dick King of Shearson Lehman Brothers, Inc. , noted that the total debt service savings as estimated earlier at $98 , 500 will actually be near $111, 000, and that the net present value savings will be $103 , 570 . HOUSER MOVED to adopt Bond Ordinance No. 3116 and to authorize the Mayor to sign a purchase contract with Lehman Brothers. Orr seconded and the motion carried. REPORTS Operations Committee. Houser noted that the meeting time of the Committee may be changed and that more information will be available at the next Council meeting. Planning Committee. Orr distributed an agenda for a day-long workshop on Capital Facilities Planning, Concurrency, and Impact Fees under the Growth Management Act. She noted that the workshop will be held on Tuesday, June 8th, in Engineering Conference Room #3 . She invited and encouraged Councilmembers to attend. Administrative Reports. McCarthy reminded the Council that July 30 is the last day to notify the County of any ballot issues for the November 2nd general election. 11 May 18 , 1993 REPORTS He noted that negotiations with SSMD are going well, that the transition date is June 1, and that the City Attorney will soon distribute a draft contract. McCarthy suggested conducting a workshop on June 1 at 5 : 30 p.m. on the downtown parking study. EXECUTIVE At 8 : 15 , he announced an executive session SESSION regarding labor negotiations. ADJOURNMENT At 8 : 35 p.m. the meeting reconvened and adjourned. Brenda Jacob r, MC City Clerk 12 \ �)lY Kent City Council Meeting v Date June 1, 1993 Category Consent Calendar 1. SUBJECT: WATER CONSERVATION PLAN (WATER SYSTEM PLAN T]ESe UT-1-ON AMENDMENT) m...�,-�-----� 2 . SUMMARY TATEMENT: AS rQGQMMQieus G •} G --��-1 , doption of Resolution No / relating to the Water Conservation Plan. The adoption of a Water Conservation Plan is required by the South King County Coordinated Water System Plan, a regional plan for critical water supply areas in South King County (including the City of Kent) required by state law. 3 . EXHIBITS: Memorandum from Public Works Director, Water Conservation Plan 1993 and resolution 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3C DEPARTMENT OF PUBLIC WORKS APRIL 14, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROMIIA ) RE: WATER CONSERVATION PLAN Attached you will find the City of Kent ' s Water n Co County ion Pour lan and budget impact. Formal approval by g 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 achieve King County goa requires City an actual plan on how we are going to Cof Water Conservation Plan will meet the ountytand the South King County Coordinated Water rSystem Planing As noted, the attached indicate the implementation/costs of this plan. It is proposed said costs to be incorporated into the for budget. Actual adoption of this would be by 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. Bartelt stated that she feels that public education still b that t as one of the key areas to reach the public. 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 inance adopting the Wateit.tee dire I Conservation onservati d Bruplanbaseantel menu' of_nthedC ty , s Comprehensive Water Con 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 ating 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 is a primary element in the design of our entire protection. This 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. --- - -- - - - - - May 18 , 1993 HEALTH & (CONSENT CALENDAR - ITEM 3K) SANITATION Hill Building 80-A. ACCEPTANCE of the bill of sale and warranty agreement submitted by Hill- Raaum Investment Company for continuous operation and maintenance of 815 feet of water main extension and release of bonds after expiration of the maintenance period. The project is located at 18506 80th Place S. , as recommended by the Public Works Committee. WATER (PUBLIC HEARINGS - ITEM 2A) Water Conservation Plan. This date has been set for the public hearing on the proposed Water Conservation Plan. This proposed plan is to be incorporated into the City' s adopted Water System Plan as an amendment. Robyn Bartelt, Conservation Specialist, noted that formal approval of Kent ' s Water Comprehen- sive Plan by King County is contingent upon having a water conservation element, and that this proposed plan follows the guidelines prepared by the Department of Ecology, the Department of Health, and the Washington Water Utilities Council. She noted that the goal is a reduction of 6 . 5% by 1995, and 8 . 0% by 2000. She noted that the plan will 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 total annual consumption, and develop public awareness and education. She noted that high- lights of the plan include public education, technical assistance, system measures, and incentives and requirements. She added that the costs of the plan will be incorporated into the 1994 budget and financed through the City' s water fund. She noted for White that population growth was factored in when determining the amount of water reduction. Upon a question from Paul Morford Bartelt said that water rates will not be increased, and Wickstrom explained that growth in the water utility revenues will compensate. The Mayor opened the public hearing. There were no comments from the audience and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. WHITE THEN MOVED that the City 2 May 18, 1993 WATER Attorney be directed to prepare the appropriate ordinance or resolution for the adoption of the Water Conservation Plan as an amendment to the City's adopted Water System Plan. Houser seconded and the motion carried. SIDEWALKS (CONSENT CALENDAR - ITEM 3J) LID 342 - Smith Street Sidewalks. ADOPTION of Ordinance No. 3114 creating LID 342 for the installation of sidewalks along Smith Street from West Valley Highway to 64th Avenue S. , as dis- cussed at the City Council meeting of May 4 , 1993 . CONSTRUCTION (OTHER BUSINESS - ITEM 4C) STANDARDS Public Works Construction Standards. At the last Council meeting on May 4 , the Council adopted the City' s newly revised Public Works Construction Standards. Since that time, some technical corrections have been made to these standards. The Public Works Department now requests adoption of these standards, including the recent techni- cal amendments. The City Attorney noted that a new ordinance has been prepared to replace the ordinance in the agenda packet. Assistant City Attorney Brubaker distributed copies of the new ordinance and explained that after review of the public comments received after the public hear- ing, they determined that additional discretion should be given to the Director of Public Works. He noted that the changes made were changing the word "shall" to "should" , changing the word "must" to "may" , and so forth. He noted that an explanatory proviso was added to the first section of the Standards to provide a clear statement of the purpose and effect. Paul Morford complimented the people who reviewed the Standards. CONSTRUCTION WHITE MOVED that Ordinance No. 3117 adopting the STANDARDS newly revised Public Works Standards be adopted. Bennett seconded and the motion carried. COMMUTER RAIL (CONSENT CALENDAR - ITEM 3L) Commuter Rail System. ADOPTION of Resolution No. 1356 relating to Commuter Rail System, as recom- mended by the Public Works Committee. 3 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting a Water Conservation Program as an additional element of the City' s Water Comprehensive Plan. WHEREAS, South King County, including the City of Kent, has been designated a critical water supply service area pursuant to Chapter 70 . 116 RCW, the Public Water System Coordination Act; and WHEREAS, the King County Water Utility Coordinating Committee has developed a South King County Coordinated Water System Plan ("CWSP") that imposes certain obligations upon all public water system purveyors in South King County, including the City of Kent; and WHEREAS, a water conservation program is an integral element of the South King County CWSP; and WHEREAS, in accordance with King County Ordinance No. 9461, all purveyors subject to the South King County CWSP must adopt a water conservation program. NOW, THEREFORE, The. City Council of the City of Kent, Washington, does hereby resolve as follows : Section 1. The "City of Kent Water Conservation Plan" attached as Exhibit "A" and incorporated herein by this reference shall be incorporated as an additional element of the City ' s Water Comprehensive Plan in accordance with the South King County Coordinated Water System Plan and King County Ordinance No. 9461. Passed at a regular meeting of the City Council of the City of Kent, Washington, this day of , 1993 . Concurred in by the Mayor of the City of Kent, this day of 1993 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, on the day of 1993 . (SEAL) CITY CLERK WATRCONS.res 2 CITY OF KENT WATER CONSERVATION PLAN 1993 This document details the Water Conservation Plan 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 Association (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 EXHIBIT 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 ELEMENTS Kent's water conservation program elements are detailed 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: *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 different 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 Manage ment/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 hab.itat, 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 B. Pressure Reduction -9- CITY OF KENT WATER CONSERVATION PLAN PROGRAM ELEMENT IMPLEMENTATION SCHEDULE BUDGET 1991 1992 1993 1994 1995 1996 A. PUBLIC EDUCATION 1. School Outreach -------------------I 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 $50/mf Commercial/Industrial Water Audit ----------------- $150/customer 4.Bill Showing Consumption History ----------------------------------- .$8,000 first year C. SYSTEM MEASURES $5,000/year 1. Metered System -------------------------------------------------------- customer pays Source — Service -------------------------------------------------------- 2. Unaccounted Water/Leak Detection -------------------- ---------------------------------- $.035 Lf. 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- ATTACHMENT A ro 13 O x X x x x 0 0 z I a. 0 x E! c/l < u > E3 x x x�D C) 0 0 x x x x C u >4 X >< �-4 x X x x X >1 pc� < 00 �D 0 c v 0 0 W a 0 0 u 0 w •o �> El D u 0 0 >1 a m U m E u 0 w < u w 0 r 5 0 p 0 CT 0 F > E 0 1m m w 0 m F I. c o 13 w c 0 0 0 0 ID ;c 0 0 0 u a m .1 w m ci P. p 0 0 0 u D 0 p 1. m w a u 1. c v Y m :3 8 r 0 w w I f4 M " W U 0 W a w 0-• o v 0 0 u -c c a 13 0 x L ' c m 0 o 0 . n' 0 F --.0 -+ C v 0 0 C 3 v w v c a u 0 0 :r 'c X . w 0 " 0 0 0 u 0 •.' �� w I c u >1 u 0 W., w 0 w 0 m 0 u 0 ro C0 13 0 w 0 w E3 Ei ECONOMIC AND ENGINEERING SERVICES, INC. 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 Kent City Council Meeting Date June 1, 1993 Category Consent Calendar 1. SUBJECT: 1993 CORRECTION FACILITY HEALTH SERVICES CONTRACT 2 . SUMMARY STATEMENT: Acceptance of and authorization for the Mayor to sign the Seattle-King County Dept. of Public Health contract to provide medical services at the Kent Correction Facility, as recommended by the Public Safety Committee on May 17 . This is an annual contract that expired on 12/31/92 . Contract negotiations were prolonged due to the desire to increase service and reduce cost, which was successfully accomplished. 3 . EXHIBITS: Agreement 4 . RECOMMENDED BY: Public Safety Committee, 2-0 (Johnson not present, but approved placement 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. 3D Contractor: Seattle-King County Department of Public Health Address: 110 Prefontaine Place South Suite 600 Seattle, Washington 98104 Services Provided: Jail Health Services Amount: $83 , 836. 48 Duration: January 1, 1993 through December 31, 1993 Liaison, Health Barbara Hadley Department: (206) 296-1082 City. of Kent: Captain Dennis Byerly 220 Fourth Avenue South Kent, Washington 98031 CONTRACT FOR SERVICES THIS AGREEMENT, entered into as of the 1st day of January, 1993 , by the City of Kent, hereinafter referred to as the "City, " and the Seattle-King County Department of Public Health, hereinafter referred to as the "Contractor, " WITNESSETH WHEREAS, the City is undertaking certain activities necessary to meet health needs as they relate to correctional health services; and WHEREAS , the City desires to engage the Contractor to render certain services in connection with such undertaking of the City. NOW, THEREFORE, the parties do mutually agree as follows: I . Scone of Services A. The Contractor ' s responsibilities include: 1. Scheduling A nurse practitioner will be scheduled for 12 hours per week and a public health nurse will be scheduled for 25 hours per week. Holidays and leaves of absence will necessitate variation in the scheduling of personnel and ability to recruit appropriate staff may limit ability to provide service. 2 . Sick Call a . A minimum of 20 hours/week of sick call will be Contract for Services - January 1, 1993 City of Kent/Seattle-King County Department of Public Health Page 2 available. It will be scheduled Monday through Friday. Clinic hours will be determined by mutual agreement. Sick call consists of diagnostic and treatment services for acute and chronic illness and will be provided by nurse practitioner and public health nurse staff consistent with Section A. 1. b. Treatment of acute or chronic medical conditions will be limited by: • licensure, certification, and training of nurse practitioners and public health nurses . • availability of monitoring, observational and treatment capabilities of qualified staff. • availability of support and consultant resources. C. Laboratory tests ordered by Contractor staff will be provided by the Contractor. 3 . 14-day Health Appraisal a. 14-day health appraisals will be conducted within the loth and 17th day of confinement. b. The 14-day health appraisal will include: • basic medical/health history, • vital signs, • brief physical examination, • TB skin test, • syphilis serology, • review of Contractor-approved Reviewing/Screening form. 4 . Health Receiving Screening a. The Contractor will update, as necessary, the Health Receiving/Screening form. b. The Contractor staff will train officers in use and application of the form. C. The Contractor staff will review all Health Receiving/Screening Forms and recommend appropriate follow-up. 5 . Triage a . Contractor staff will review written inmate complaints/requests during normal Monday through Friday clinic hours . b. Corrections staff will collect written inmate complaints/requests during the hours the Contractor staff are not at the correction Contract for Services - January 1, 1993 City of Kent/Seattle-King County Department of Public Health Page 3 facility. C. Contractor staff will prioritize complaints/requests and will follow-up as appropriate. 6 . Medical Records a. Contractor staff will maintain the medical records system. b. Contractor staff will maintain a system which protects the confidentiality of health information. C. Corrections staff will insure the provisions of Section 5.b above are maintained. d. Contractor staff, upon notification of corrections staff, will prepare appropriate information on inmates transferred to another correctional facility. e. Contractor is the .keeper of the health records. Release of any confidential health information will be done by the Contractor per the Contractor ' s policy and procedures . f . City will pay for clerical staff 2 hours per week to handle medical records . 7 . Policy and Procedure Manual Contractor will maintain a policy and procedure manual for activities and services provided by Contractor staff. B . Medications Prescriptions written by Contractor will be supplied in standard pharmacy packing through a pharmacy contract to a maximum Contractor ' s responsibility of $720 . 00, unless renegotiated by the City and Contractor. This pharmacy contract will be obtained by and for the Contractor. 9 . Medication Administration Contractor staff will administer all jail health- approved medications to the individual inmates when such staff are on site during normal Monday through Friday clinic hours. The City will be responsible for medication distribution at other times . 10 . Dental Services Dental services will be limited to emergency care or Contract for Services - January 1, 1993 City of Kent/Seattle-King County Department of Public Health Page 4 pain relief and may be provided at Contractor' s location during normal clinic hours (8 : 00 AM to 4 : 30 PM, Monday through Friday) . Two (2) hours notification by the City is needed to make necessary accommodations . a. Transporting, escort service, and security will be provided by the City. b. Payment for dental services will be in accordance with Section III .B. of this agreement and is separate from the base agreement. C. Due to the disruption of normal clinic activity, any appointment that is more than 15 minutes late will be rescheduled. The City will be charged for any such missed appointment, or a cancellation without at least 24 hours notice, at the rate of a normal examination. 11. Telephone Consultation Services Contractor staff will provide limited telephone consultation to Corrections staff during periods when the clinic is not scheduled . This service is subject to the following limitations : a. Contractor staff will be available only at telephone numbers which they will provide. b. Contractor staff will not be on any form of "standby. " C. Contractor staff availability depends on their voluntary presence at a given telephone site and willingness to participate. d. Contractor staff participation is strictly voluntary at all times . e. The City will be charged for not less than 15 minutes of Contractor staff time for each telephone consultation and in increments of 15 minutes for any time after that for each incident. The charge for service time will be according to personnel costs for labor at the time of consultation in accordance to Washington State Nursing Association-King County contract or King County Personnel rules, whichever applies . This cost will be above and beyond the amount listed in the basic contract. f . Such telephone consultation will be limited to basic medical triage/screening and not be construed as emergency care. Contractor staff will provide advice regarding necessary further action required. g. Contractor staff who receive consulting telephone calls will maintain a log indicating the date, time length of call, and general call content. Contract for Services - January 1, 1993 City of Kent/Seattle-King County Department of Public Health Page 5 This log will be reviewed at least quarterly or upon request, with the City of Kent Correctional Facility administrator. h. An itemized list of telephone consultations, including actual costs, will be submitted by the Contractor to the City of Kent Correctional Facility administrator on a monthly basis. 12 . The Contractor' s Jail Health Service administrator or designee will meet quarterly with the City' s Correctional Facility administrator and review the health care delivery system. 13 . The Contractor will provide quarterly and annual statistical reports on the health care delivery system in the city' s correctional facility. B. The City' s responsibilities include: 1. Providing an appropriate examination room, furnishings , telephone, and security for the Contractor' s staff . 2 . Providing for the security of records and maintenance of confidentiality when Contractor staff is not on site. 3 . Providing medical, dental and pharmacy services not specifically provided by the Contractor, and any psychiatric services. 4 . The City ' s correctional facility administrator will meet quarterly with the Contractor ' s jail health administrator or designee to review the health care delivery system. II . Time of Performance The services of the Contractor are to commence on the 1st day of January, 1993 , and terminate on the 31st day of December, 1993 . The duration of the contract may be extended or terminated upon mutual written agreement between the parties hereto and pursuant to the terms and conditions of the agreement. III . Compensation and Method of Pavment A. The City agrees to compensate the Contractor in the total amount not to exceed $83 , 836 . 48 for basic services; optional services will be charged according to fee schedule and approved use. Assumptions are included on Exhibit A. The City shall make payment within 30 days of receipt and approval of invoices (s) . Contract for Services - January 1, 1993 City of Kent/Seattle-King County Department of Public Health Page 6 B. The City shall reimburse the Contractor for dental services - see Exhibit B. The City shall make payment within 30 days of receipt and approval of invoice(s) . C. The 1993 contract amount includes indirect overhead charges based on annually established County and Departmental rates. IV. Indemnification The City shall defend, protect, and hold harmless the Contractor, its elected and appointed officials, and any employee thereof, from and against all claims, suits or actions, including the cost of -defense thereof , arising any negligent act or omission, or violation of constitutional or civil rights committed by the City pursuant to this contract. The City agrees that its obligations under this subparagraph extend to any claim, demand or cause of action brought by or on behalf of any employee of the City against the Contractor, its officer, agents or employees, 'and includes any judgement, award, and cost arising therefrom, including attorney' s fees. The Contractor shall defend, protect, and hold harmless the City, its elected and appointed officials, and any employee thereof , from and against all claims, suits or actions, including the cost of defense thereof, arising from any negligent act or omission or violation of constitutional or civil rights committed by the Contractor pursuant to this contract. The Contractor agrees that the obligation to indemnify, defend and hold harmless the City and its agents and employees under this subparagraph extends to any claim, demand or cause of action brought by or on behalf of any employee of the Contractor, against the City, its officers, agents, or employees and include any judgement, award and cost arising therefrom, including attorney ' s fees . V. Chanaes Either party may request changes in the scope of services, performing or reporting standards, or budget provided herein. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this agreement, signed by both parties. This contract supersedes all previous contracts or agreements relative to services . VI . Termination The City may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement if , (1) the Contractor fails to provide services called for by this Agreement within the time specified herein, or if , (2) funding becomes no longer available for the project described herein. Contract for Services - January 1 , 1993 City of Kent/Seattle-King County Department of Public Health Page 7 Either party to this Agreement may terminate the whole or any part of the Agreement for any reason by providing written notice to the other party thirty (30 ) days prior to the effective date of termination . IN WITNESS WHEREOF , the parties hereto have caused this Contract to be executed the day and year first herein written . CITY OF KENT SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH Signature Signature TINT nil' Name Name WNG COUNTY EXECUTIV: Title Title ATTEST : ATTEST ' OR City Clerk Department o xecutive Administration ;lanountSy TO FORM : Prosecuting Attorney EXHIBIT KENT JAIL HEALTH PROGRAM BUDGET 01/01/93 THROUGH 12/31/93 PERSONNELCOSTS NURSE PRACTITIONER @ $34.69 PER HOUR 624 hrs. $21,646.00 PUBLIC HEALTH NURSE 9 $32.79 PER HOUR 1300 hrs. $42,632.48 ADMINISTRATIVE SPECIALIST I AT $15.36 PER HOUR 104 hrs. $1,597.00 INTERMITTENT NURSING STAFF @ $28.56 PER HOUR 160 hrs. $4,570.00 ................ SUBTOTAL PERSONNEL COSTS $70,445.48 SUPPORT COSTS OFFICE SUPPLIES $650.00 PHARMACEUTICALS $720.00 PUBLICATIONS $155.00 MEDICAL SUPPLIES $414.00 MISC. OPERATING SUPPLIES $104.00 LABORATORY SERVICES $508.00 MILEAGE $544.00 SUBTOTALSUPPORT COSTS $3,095.00 TOTAL OF SUPPORTAND PERSONNELCOSTS $73,540.48 ............ CONTRACT OVERHEAD (14%) $10,296.00 ...... ..... TOTAL CONTRACT BASIC SERVICES $83,836.48 . ......... OPTIONAL SERVICES (see contractfor details) ARNP PHONE CONSULT — 40 15 min calls per mo @ 1.5 1120 hrs. $5,658.00 *ARNP/PHN HOLIDAY COVERAGE — 10 HOLIDAYS @ 2-5) 50 hrs. $3,929.00 OVERTIME @ 1.5x HRLY RATE ($31.43) 10 HRS. PER MO. 120 hrs. $5,658.00 ... ........ SUBTOTAL: MAX USE OF ALL OPTIONAL SERVICES $15,245.00 ............ OVERHEAD @ 14% OF MAXIMUM OPTIONS $2,134.00 TOTAL: MAX USE OF ALL OPTIONALSERVICES $17,379.00 TOTAL — MAX USE OF OPTIONS + BASIC SERVICES $101 ,215.48 MOST COMMON DENTAL PROBLEMS Effective 1/1/93 FULL 75% OF 50% OF 25% OF - 0 - PHIS FEE FULL FEE FULL FEE FULL FEE PROCEDURE CODE E D C B A DIAGNOSTIC Initial Exam 001101 11 .00 8.25 5.50 2.75 Periodic Exam 001201 11 .00 8.25 5.50 2.75 Emergency Exam 001301 11 .00 8.25 5.50 2.75 Film PA, 1 st 002201 6.00 4.50 3.00 1 .50 Film PA, Additional 002301 1 .00 0.75 0.50 0.25 Film, BWX 1 002701 5.00 3.75 2.50 1 .25 Films, BWX 2 002721 6.00 4.50 3.00 1 .50 Films, BWX 4 002741 8.00 6.00 4.00 2.00 RESTORATIVE Amal Dec 1 surf 021102 28.00 21 .00 14.00 7.00 Amal Dec 2 surf 021201 38.00 28.50 19.00 9.50 Amal Dec 3 surf 021301 46.00 - 34.50 23.00 11.50 Amal Dec 4 surf 021311 53.00 39.75 26.50 13.25 Amal Perm 1 surf 021401 30.00 22.50 15.00 7.50 4mal Perm 2 surf 021501 44.00 33.00 22.00 11.00 Amal Perm 3 surf 021601 55.00 41 .25 27.50 13.75 Amal Perm 4 surf 021611 67.00 50.25 33.50 16.75 Ant Comp 1 surf 023301 33.00 24.75 16.50 8.25 Ant Comp 2 surf 023311 50.00 37.50 25.00 12.50 Ant Comp 3 surf 023321 64.00 48.00 32.00 16.00 Ant Comp 4 surf 023351 76.00 57.00 38.00 19.00 Recement Crown 029201 17.00 12.75 8.50 4.25 SSC Crown Dec 029301 61 .00 45.75 30.50 15.25 SSC Crown Perm 029311 73.00 54.75 36.50 18.25 PREVENTIVE Prophy, adult 011101 30.00 22.50 15.00 7.50 Prophy, child 011201 23.00 17.25 11 .50 5.75 Topical Applications 012011 35.00 26.25 17.50 8.75 Fluoride 012031 12.00 9.00 6.00 3.00 Sealant 013511 11.00 8.25 5.50 2.75 FULL 75% OF 50% OF 25% OF A- PHIS FEE FULL FEE FULL FEE FULL FEE PROCEDURE CODE E D C B A SPACE MAINTENANCE Fixed Unilat. 015101 73.00 54.75 36.50 18.25 Fixed Bilat. 015151 84.00 63.00 42.00 21 .00 Recement Spacer 015501 17.00 12 75 8.50 4.25 PERIODONTICS Root Planing Quad 043411 27.00 2025. 13.50 6.75 ENDODONTICS Pulpotomy 032201 34.00 25.50 17.00 8.50 One Canal 033101 156.00 117.00 78.00 39.00 Two Canals 033201 212.00 159.00 106.00 53.00 Three Canals 033301 258.00 193 50 129.00 64.50 Apexification 033501 27.00 20 25 13.50 6.75 PROSTHETICS Complete Upper 051101 355.00 266.25 177.50 88.75 Complete Lower 051201 355.00 266.25 177.50 88.75 Adjust Upper CD 054101 16.00 12.00 8.00 4.00 Adjust Lower CD 054111 16.00 1200 8.00 4.00 Adjust U Partial 054211 16.00 12.00 8.00 4.00 Adjust L Partial 054221 16.00 12 00 8.00 4.00 Reline Upper 057501 108.00 81 .00 54.00 27.00 Reline Lower 057511 108.00 81 ,00 54.00 27.00 Reline U Partial 057601 99.00 74 25 49.50 24.75 Reline L Partial 057511 99.00 74 25 49.50 24.75 Tissue Condition 058501 19.00 14 25 9.50 4.75 Repair (write in) ORAL SURGERY Ext. Single Tooth 071101 29.00 21 75 14.50 7.25 Ext. Additional Teeth 071201 24.00 18.00 12.00 6.00 Root Removal 071301 29.00 21 75 14.50 7.25 Surgical Ext. 072101 57.00 42.75 28.50 14.25 Inc. and Drain 075101 30.00 22 50 15.00 7.50 MISC TMJ Splint 078801 162.00 121-50 81 .00 40.50 Palliative Treatment 091 101 24.00 18.00 12.00 6.00 Management Problem 099201 16.00 12 00 8.00 4.00 Consult DSHS manual for codes and fees for procedures not listed above. FISCAL: Dentfees.xls WORK SCHEDULE VARIATION REQUEST (COMP-TIME, OVERTIME, VACATION, ETC.) I Request APPROVAL For: ❑ In-House Comp-Time* ❑ Overtime Pays ❑ Holiday Comp-Time ❑ Others Date Hours Worked AM/PM Thru AM/PM = Extra Hours *Justification Employee's Signature Date Approval Signature Date PHSS' Initials Administrator's Initials Date Number of Approved Hrs :y J 1 CONTRACT ASSUMPTIONS— BASIC SERVICES 1. Hourly wages include 1993 COLA, contract adjustments, and fringe benefits 2. Overhead on basic services will be billed at 1/12 each month 3. Personnel costs based upon ability to schedule full basic service hours 4. Supplies and services to be billed at actuals; significant variances from contract will be addressed on a quarterly basis (except overhead) CONTRACTASSUMPTIONS — OPTIONAL SERVICES 1. All overtime will be requested by authorized Kent Correctional personnel and submitted on signed JHS payroll slips — see attached 2. Any holiday coverage will be requested by authorized Kent Correctional personnel three weeks in advance of the holiday; request to be made through Nancy Roberts, 296-1090 3. Hours for call consultation are to be scheduled by authorized Kent Correctional personnel no later than the 15th of the month prior to use of call system; notify Nancy Roberts Captain Miller: Please sign below to signify your approval of the assumptions and budget. List names of Kent Correctional personnel authorized to approve overtime, holidays, and call schedi Full contract to follow. Please indicate call preference for January coverage. Signature Date b:lkentpro.wk3 Kent City Council Meeting Date June 1, 1993 Category Consent Calendar 1. SUBJECT: WASHINGTON TRAFFIC SAFETY GRANT - SAFETY BELT AWARENESS PROJECT 2 . SU ENT: s recommended by the Public Safety) ommittee on Ma cceptance of a Washington Traffic Sa e y Grant for Kent C munity Safety Belt Awareness Project in the amount of $5, OOO- k' 3 . EXHIBITS: Agreement 4 . RECOMMENDED BY: Public Safety Committee 2-0 (Johnson not present but approved placement on Consent Calendar) . Executive Committee approved (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES _ FISCAL/PERSONNEL NOTE: Recommended4/� lUi Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E ,:HARLES F. HAYES �• „ - Y Director may' y�y STATE OF WASHINCTOV WASHINGTON TRAFFIC SAFETY CO.ti1iOISSI N 1000 S. Cnerry 51., PO Box 40944 • OJvmpia, Washington 98504-0944 I206) 53-619 April 16, 1993 Lieutenant Lorna Rufener Kent Police Department 220 Fourth South Kent, Washington 98032 Dear Lieutenant Rufener: Your 11153" project application has been reviewed and approved for the total amount requested ($5000. ) . We understand you will be instructing the public via enforcement/educational contacts in the importance of the use of seat belts and child car seats. You will be measuring seat belt and child restraint use in your community through use of 11100 car" observational surveys as well as tracking the number of violator contacts. As a part of your program you will be purchasing various "Buckle- Up" promotional materials to use in your educational programs . Please proceed as outlined in the project agreement. Original backup documentation for all expenditures must be kept in your records. Copies of expenditure documentation must be attached to your claim for reimbursement (on the enclosed A-19 form) . . Send the claim to: Washington Traffic Safety Commission 1000 South Cherry Street P.O. Box 40944 Olympia, Washington 98504-09442 Attention: Mike Cleland If you have any questions regarding this or other Commission programs, please contact me at (206) 753-0877 or SCAN 234-0877 . Sincerely, Mike Cleland Program Manager Washington Traffic Safety Commission A C n Section 3 Budget and Cost Sharing BUDGET 1. Salaries and Wages: $ 2,315.00 2 . Employee Benefits: $ 280.00 3 . Travel and Subsistence: $ 90.00 4. Goods and Services $ 2,315.00 TOTAL $ 5,000.00 Cost Sharing: Matching Share: (Washington Traffic Safety Commission use only) WSP Field Salaries FY_ Share Amount Percent Applies To: Federal: $ State State: $ Local Political Subdivision: $ Total Estimated Cost: $ Revision: BUDGET 1. Wages Program Coordinator $ 502 . 00 (5t of time for 2 months) Program Assistant I (70 Hours @ $17.50) 1,225.00 Program Assistant II (42 Hours @ $14. 00) 588 . 00 'Total Salaries $ 2,315.00 2. Benefits Program Coordinator $ 141. 00 (@ . 28t of salary) Program Assistant I (@ . 08t of salary) $ 98 . 00 Program Assistant II (7% of salary) 41. 00 Total Benefits $ 280.00 3 . Travel (320 miles) 20 miles r/t per store (8) $ 90. 00 x 2 visits x .28 per mile Total Travel $ 90 .00 4. Operating Expenses Litter Bags @ $42 .80 per 1000 $ 2-1315. 00 x 50, 000 + 175. 00 tax Total Operating Expenses $ 2,315.00 TOTAL BUDGET $ 5,000. 00 sbgrnt2 FORM STATE OF WASNINGTON I AGENCY USE (ILLY A79 1A INVOICE VOUCHER AGE NO. 1-060 om CODE F.R. OR AUTH. NO. l (R.,1:91J INSTRUCTIONS TO VENDOR OR CLAIMANT- Suomit tics corm ro claim payment for materrars. merchandise or services. Snow comdtere detail !or each item. Vendor's Certificate. I hereby certify under penalty of perjury the: :he YEHDOR-'OR CLA[MANT'twarrata is.to be payable to) Items and totals listed herein are Proper cnarges :or materias. merchandise or services furnished to the State of Washington,and Inat mi goods lurnished and:or services rendered have been provided wtincut disvimine ion on the grounds of race.creed,color,national origin.sex.or age BY - (SIGN IN INK) ('ITLE) iDA�2 FEDERAL I.D. NO. CUR SOCIAL SECURITY NO. (For Reporting Personal Services Comrac: Paymems to I.R.S.) RECE.'/EC By DATE 'ECEIVED ; 4 1 ( UNIT - FOR AGENCY DATE - - DESCRIPTION i QUANTITY+ UNIT I PRICE. AMOUNT _ USE i i PREPARED BY 'aEPNCNE NUMBER DATE AGEI ' APPROVAL DATE - DOC. DATE PMT DUE DATE. CURRENT DOC. NO. REF. DOC NO. VENDOR NUMBER VENOCR MESSAGE USE UBI NUMBER ;TAXI I M45 910EA WORAC!ASS':':.il C36YR OM,TOWN , RG DOC iR.DE USUF I REF O! PRONE 0�8/ `. NCE% ALLOC B f A10S liO=' lAtOU/I NVGKi 'aOAEEP r y »« I I : ACCOUNTING APPROVAL FOR PAYMENT DA'E WARRANT "CTAL WAFRANT NLMEER I A49.A.-I Washington Traffic Safety Commission * 153 * State of Washington Washington Traffic Safety C✓Om mission 1000 South Cherry Street Olympia,Washington 98504.9936 Telephone: (2D6)753-6197 Fax:(206) 586.6489 Section 1 Project Agreement 1. Project Title: KENT COMMUNITY SAFETY BELT AWARENESS PROJECT Type of Application: Initial: Xv, Revision:_____— 2. Ownership of facilities or equipment, acquired through this funding, shall be vested with the applicant agency, not the United States. However,facilities or equipment acquired through this agreement shall be utilized and retained in highway safety operations during the useful existence of such equipmerri or facilities. Costs incurred for maintenance, repairs or support of such equipment or facTties shall be borne fa the s. Costs incurred Further, I is understood and agreed that the activity covered by this project, as more pa applicant descried in sections 2 and 3 attached hereto and made a part hereof, is undertaken under authority of Section 153 Title 23, Unked States Code and is s tConlfrisshe administrative regulations established by federal gulderines and the Washington Traffic Safety 3 App<�ca�A9eDCy; CITY OF KENT. WASHINGTON 4. Project director Address: 220 FOURTH SOUTH Name: LT LORNA RUFENER KENT, �vJA 98032 TAIe: LIEUTENANT Signature:, �� lC{ � ( � i l� Telephone:_ (206) 859-3498 CITY OF KENT, WASHINGTON 5. Govemmentaf Unit: 6. Authorizing Official, Govemmental Unit: 220 FOURTH SOUTH ED CRAWFORD Address: Name: KENT, WA 98032 Title: CHIEF OF POL;Z`- Signature � Telephone: . 09/30;93 7. Planned Project Duration: From : 06/01 /93 To: 8. Approved by: _ Project Number. Name: Federal Funds ) $ Title: Director, WTSC State: Local: -- Signature: Addendum(s) appl K icabie: Dale: Washington Traffic Safety CMM,"Ion . * 15 -{ section 2 Description of Activity ber . of commissioned officers 81 Department size: num 1. Current occupant Protection Activity SEE ATTACHED 2 , Proposed Activity 3 , Evaluation Section 2 Description of Activity Department size: number of commissioned officers 81 1. Current Occupant Protection Activity (WTSC Grant 93ST-4D) Goal: To implement programs which will encourage 100% compliance of safety belt laws in the City of Kent. Objectives: Incorporate safety belt messages into all public information and education activities; distribute 54, 000 pieces of information to 140 groups; use "Vince and Larry" in five community events; educate students through classroom presentations and at the . youth conference; support students to conduct own safety belt awareness programs ; incorporate student-produced message into a poster; participate in safety belt efforts aimed at Kent employees and families ; and, train volunteers on safety belt issues. Attachment 1 2 . Proposed Activity Goal A: Policy - Attachment 2 / Develop a more detailed safety belt use policy for police department employees and those individuals riding in department vehicles as a part of the accreditation program. (Lt. Lorna Rufener) Goal B: Coordination / designate commissioned police officer as occupant protection contact. (Traffic Officer Wm. Griffin) Goal C: Training / occupant protection officer will attend OPUE training; will participate in Wear-It Program. (Off. Wm. Griffin) Goal D: Documentation / Officers and records department will document safety belt and child restraint law violator contacts and return "Safety Restraint Enforcement Record" with UCR mailing to WASPC. (Kathy Holt) Attachment 3 Goal E: Survey / Beginning mid-June (at close of school) a baseline 100 -car survey will be conducted at eight (8) McDonald' s drive-through window locations, four in Kent and four in Renton. A second survey will be conducted at each location to compare with baseline data by 8/31/93 . (Nancy Mathews and Diane Lewis @ '40 hours each) Attachment 4 Goal F: Education Activity / Following initial safety belt survey, the participating McDonald ' s restaurants will follow- up with an awareness campaign . . . distributing litter bags for a two week period. Staff will then do a follow-up survey at each location to determine if there is a substantive difference in safety belt compliance. Attachment 5 3 . Evaluation Documentation / Reports will accompany billings submitted August 15 and October 15, 1993 . Activity in each project element will be documented and evaluated in accordance with objective to -be achieved. (Nancy Mathews @ 30 hours; Diane Lewis @ 2 hours) WTSC Contact: Mike Cleland (206) 753-0877 Kent Contact: Nancy Mathews (206) 859-4011 sbgrnt93 ATTACHMENT 1 Safety Belt Campaigns Goal A: To implement programs which will encourage 100% compliance of safety belt laws in the City of Kent. Objective: Incorporate safety belt messages into all public information and education activities as appropriate. Objective: Distribute safety belt information to 54 , 000 individuals or 140 groups by 6/30/93 . Use "Vince and Larry" in five community events by 6/30/93 . Objective: Educate students on safety belt issues through classroom presentations and at the youth conference in the fall of 1993 ; support students (pre-school through college) in conducting their own safety belt awareness programs. Objective: At least one of four design contest posters will have a safety belt message. Objective: Coordinate safety belt education efforts with Kent Police, Traffic Engineering and the City Wellness committee. Participate in safety belt education efforts benefitting City of Kent employees and families. Objective: Train volunteers on safety belt issues. ATTACHMENT 2 K-03 VEHICLE OPERATIONS: SAFETY IN THE OPERATION OF VEHICLES The following objectives of the Kent Police Department concerning the safe operation on vehicles are provided as a guideline within which emplqoyees should operate vehicles: Seat Belts: Employees of the Kent Police Department are required to use safety belts at all times when operating City vehicles. No alterations to seat belts are authorized. Defensive Driving: Employees of the Kent Police Department are assumed to operate vehicles in a defensive manner, particularly at speed in excess of posted limits and when road and visibility conditions impact the operation of vehicles safety. Emeraency Driving: Not withstanding those sections of this manual concerning vehicle operation under emergency conditions, the following recommendations are made regarding the use of emergency equipment. 1) Do not travel at speeds or drive in a manner which exceeds your abilities. 2) Always drive with due regard for pedestrians and vehicles using and in proximity to the roadway. 3) Fluctuate the pitch/tone of the siren, particularly when two emergency vehicles are near one another, as the fluctuation of pitch is more readily discernible as an emergency vehicle. 4) Do not pass on the right of a motorist while emergency equipment is activated, unless situation demands otherwise. Helmet: Department issue helmets will be worn by all officers riding Department motorcycles. Rev 8/87 1956G-33G ATTACHMENT 3 Safety Restraint Enforcement Record By Washington State Police Departments and Sheriffs Offices Month Ycar Department County Completed by Safety restraints Child restraints Infractions Warnings (written+ verbal) Mail completed form to: Washington Association of Sheriffs and Police Chiefs Uniform Crime Reporting P.O. Box 826 Olympia, WA 98507 ATTACHMENT 4 I 100-CAR SURVEY FORM 'ICI �i 'I II i. r. i ii I i I it I, try y 7 4' K•jw. .ti�i 1!r/ { ? a Please f Don't *� t ) i Drink and Drive Keep G00W :11I1C'1'lt'i1 ucautiful TIME. GREAT --�►"-- -erg- ���.,,_ s McDona S IND. f1:)ICIS l tit Tlu� L elil rU:)' 1 Ie�sc �` - �.{..._ ::Yst_-,•r..c'` _ :;;'sr',- rr: a %.`E+! /" � � �,'r'EI fir' s.: )tZ Y+-�:Y.r A_- O IF 1 � J Washington Traffic Safety Commisslon 15 3 Addendum A 91111ng and Reporting Requirements Billings ed monthly and must be received by the Invoice vouchers for payment must be prepar y Washington Traffic Safety Commission by the loth of the month following the billing period. Reporting Frequency and Format of reports in conjunction with The Washington Traffic.Safety Commission requires three types ep° traffic safety projects: 1. Monthly reports during the life of a project. 2. A final report at the conclusion of a project. 3. Special reports as required• project reports of every kind provide the Washington Traffic Safety Commission with information which can be used to strengthen the state's total traffic safety program. These reports keep the Commission informed of a project's progress, explain any difficulties encountered, provide a background of information that can be passed on to others, suggest ways in which the Commission can assist with the project and aid in distribution of funds. Therefore, comprehensive reports are a must for continued improvement in the state's traffic safety operations. Monthly Reports These are to be submitted monthly and are due in the Traffic Safety Commission's office within ten (10) calendar days after the end of the reporting calendar month. The Traffic Safety Project Report forms are to be used when compiling these reports. All sections are to be filled in as completely indicate. sate. Any originaldorin innovative ideas oonal sheets, as ar methods sary.) If no action has been taken, p employed in your project should be incorporated into your reports. Final Report Final reports, in duplicate, are to be more informative and must describe whether the project objectives were accomplished, if technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or probably will result. Included in final reports will be copies of publications, training reports and any statistical data generated in project execution. These final reports should discuss the following: 1. Accomplishments. 2. Were all activities of the project completed as scheduled? 3. Any unanticipated proceedings that affected the project. 4. Funding and costs for completion of the project in relationship to original estimates. Signature (Project Director) v WASHINGTON TRAFFIC SAFETY COMMISSION Addendum B ASSURANCES - - PROJECT AGREEMENT # Federal and state regulations require compliance with applicable provisions which regulate contracting and subcontracting of traffic safety projects. Please read and sign if you will comply with these provisions, then return this form to us as soon as possible. Thank you. DRUG-FREE WORKPLACE In accordance with the Anti-Drug Act of 1988 (41 USC 702-707) (Drug-Free Workplace; see 42 USC 12644),the Washington Traffic Safety Commission, through its Contractor,has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub-grantees of the Agency and/or any such activity is prohibited in the workplace. see 49 CFR 29.600 gi M; 48 CFR 9.4, 23.5, 52.2. MINORITY-OWNED and WOMEN-OWNED BUSINESS ENTERPRISES The Contractor will utilize minority-owned and women-owned business enterprises, if available, which are certified by the Office of Minority and Women's Business Enterprises under the state of Washington Certification program. The Washington Traffic Safety Commission has established the goals that, of the dollar value of all contracts awarded by the Agency, 10.1% be awarded to minority-owned businesses and 4.0°� be awarded to women-owned businesses. The authority for this requirement is RCW 39.19 St-sea, and rules promulgated thereunder. AMERICANS with DISABILITIES ACT In the performance of this agreement, the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) Chapter 49.60 RCW, and Title I of the Americans With Disabilities Act (42 USC 1211 t-12117 as now or hereafter amended. The Contractor shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in: a) Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part; and b) Denying an individual the opportunity to participate in any program provided by this agreement through the provisiofis of services, or otherwise afforded others. I certify compliance with these sections. Signature Date Kent City Council Meeting Date June 1, 1993 J� Category Consent Calendar 1. SUBJECT: UNFUNDED FEDERAL MANDATES 2 . SUMMARY "!ENT. roved by the Bud e _ ommittee Adoption of Resolution No. / (0 supporting the proposed Federal Man- date Relief Act of 1993 . This resolution is a statement of support for H.R. 140 , the Federal Mandate Relief Act, as intro- duced by Congressman Gary A. Condit of California. Congressman Condit' s bill would eliminate the Federal Government's practice of imposing unfunded federal mandates on state and local govern- ments which, when implemented, cause those state and local governments to incur extensive implementation costs to comply with the federal mandates. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Budget Committee 3-0 (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to U.S . House Bill 140, which would eliminate the practice of imposing unfunded Federal mandates on State and local governments and to ensure that the Federal Government pays the costs incurred by those governments in complying with certain requirements under Federal statutes and regulations. WHEREAS, unfunded Federal mandates on State and local governments have become increasingly extensive in recent years; and WHEREAS , such mandates have, in many instances, added to growing deficits in State and local budgets and have resulted in the need for local governments to increase revenue or curtail services; and WHEREAS , such excessive fiscal burdens on local governments have undermined, in many instances, the ability of local governments to achieve their responsibilities under State and local law; and WHEREAS , Congressman Gary A. Condit (D-CA) has introduced H.R. 140, the Federal Mandate Relief Act of 1993 , attached as Exhibit A; and WHEREAS, this legislation would assure that the Federal Government pays the total amount of direct cost incurred by State and local governments in complying with certain requirements which take effect on or after the date of enactment of the Act under a Federal statute or regulation; and WHEREAS, this legislation would provide that any requirement under a Federal statute or regulation that a State or local government conduct an activity (including a requirement that a government meet national standards in providing a service) shall apply to the government only if all funds necessary to pay the _direct costs incurred by the government in conducting the activity are provided by the Federal government; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1 . The City Council of the City of Kent supports H.R. 140 as introduced by Congressman Gary A. Condit and goes on record as endorsing this bill . Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1993 . Concurred in by the Mayor of the City of Kent, this day of , 1993 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of — , 1993 . (SEAL) BRENDA JACOBER, CITY CLERK fedmndte.res 3 I EXHIBIT A 103D CONGRESS He �0 140 1ST SESSION To end the practice of imposing unfunded Federal mandates on State and local governments and to ensure that the Federal Government pays the costs incurred by those governments in complying with certain re- quirements under Federal statutes and regulations. IN THE HOUSE OF REPRESENTATIVES JANUARY S, 1993 Mr. CON`DIT (for himself, Mr. MORt1N, Mr. ROHRABACHER, Mr. PO,ln30, Mr. Cox, Mr. PETE GERE\ of Texas, Mr. PORTER, Mr. LEwis of Florida, Mr. ORTON, Mr. STEN-HOL11, Mr. BREwSTER, Mr. PENNY, Mr. LkIIGHLIX, and Mr. PACKARD introduced the following bill; which was re- ferred to the Committee on Government Operations A To end the practice of imposing unfunded Federal mandates on State and local governments and to ensure that the Federal Government pays the costs incurred by those governments in complNring with certain requirements under Federal statutes and regulations. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Federal Mandate Re- 5 lief Act of 1993". 2 1 SEC. 2. FINDINGS AND PURPOSE. 2 (a) FINDINGS.—The Congress finds and declares 3 that- 4 (1) unfunded Federal mandates on State and 5 local governments have become increasingly e_xten- 6 live in recent years; 7 (2) such mandates have, in many instances, 8 added to growing deficits in State and local budgets 9 and have resulted in the need for State and local 10 governments to increase revenue or curtail services; 11 and 12 (3) such excessive fiscal burdens on State and 13 local governments have undermined, in many in- 14 stances, the ability of State and local governments 15 to achieve their responsibilities under State and local 16 law. 17 (b) PURPOSE.—The purpose of this Act is to assure 18 that the Federal Government pays the total amount of di- 19 rect costs incurred by State and local governments in com- 20 plying with certain requirements which take effect on or 21 after the date of the enactment, of this Act under a Fed- 22 eral statute or regulation. 23 SEC. 3. FEDERAL FUNDING REQUIREMENT. 24 (a) IN GENERAL.—Not­�6thstanding any other proVi- 25 Sion of law, any requirement under a Federal statute or 26 regoulation that a State or local government conduct an •AR 140 IH 3 1 activity (including a requirement that a government meet 2 national standards in providing a service) shall apply to 3 the government only if all funds necessary to pay the di- 4 rect costs incurred _by the government in conducting the 5 activity are provided by the Federal Government. 6 (b) APPLICATION.—This section shall apply only to 7 requirements which take effect on or after the. date of the 8 enactment of this Act. O .RR 140 M March 18 , 1993 "Co-sponsors of H.R. 140, the Federal Mandate Relief Act" Moran (Virginia) Zeliff (New Hampshire) Rohrabacher (California) Fawell (Illinois) Pombo (California) Furse (Oregon) Cox (California) Parker (Mississippi) Geren (Texas) McKeon (California) Porter (Illinois) Baker (California) Lewis (Florida) Machtley (Rhode Island) Orton (Utah) Castle (Delaware) Stenholm (Texas) Sundquist (Tennessee) Brewster (Oklahoma) Klug (Wisconsin) Penny (Minnesota) Petri (Wisconsin) Laughlin (Texas) DeLay (Texas) Packard (California) Taylor (North Carolina) English (Oklahoma) Huffington (California) Gordon (Tennessee) Weldon (Pennsylvania) Kaptur (Ohio) Calvert (California) Inglis (South Carolina) Lehman (California) Wynn (Maryland) Hutchinson (Arkansas) Doolittle (California) Peterson (Minnesota) Swett (New Hampshire) Cramer (Alabama) Sarpalius (Texas) Taylor (Mississippi) Ravenel (South Carolina) Kim (California) Franks (New Jersey) Crapo (Idaho) Hilliard (Alabama) Hoke (Ohio) Lantos (California) Quillen (Tennessee) Knollenberg (Michigan) Everett (Alabama) Cunningham (California) Bonilla (Texas) Barlow (Kentucky) r (� Kent City Council Meeting Date June 1, 1993 Category Consent Calendar 1. SUBJECT: OFFSITE OVERFLOW PARKING 2 . 16116Mmmy STATEM s recommended b the Public Works ) =- m mmitt optio of Resolution No: ng to offsite overflow parking This resolution establishes a City policy encouraging sufficient onsite parking facilities and discouraging offsite overflow parking; the resolution also would allow staff to review with developers potential onsite parking insufficiencies in new multi-family developments. 3 . EXHIBITS: Public Works Minutes and resolution 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3G that just by installing guardrails, the number of accidents may not, be reduced but the severity of the accidents would be. Bennett inquired where we would get the money from. Wickstrom stated there was some unencumbered money in the Street Capital the Improvement Fund or the Council uestioned whether this would ould allocate some mney mhave 1994 budget process . McCarthy q to be brought before the Budget Committee. Councilman White remarked that he felt more comfortable having staff figure out the e budget side of it to move the project along. best way to handle th blic hat Bennett commented that he had the same that there were more uareas sthat yrequired satlot Mann did, but felt more attention than this particular area, partly due to the fact that there is a 25 mph speed limit and it is a bicycle recreational corridor. Bennett noted that he wasn ' t 100% sure that it was his responsibility to gamble with City money and felt that James Street and other heavily-traveled areas were more critical as far as safety is concerned. He continued that there were only so many dollars to spend, and he would spend it elsewhere. Mann approached Bennett and inquired whether he would be in favor of installing guardrails on the most dangerous areas . Bennett agreed and Mann amended his motion to direct staff to install guardrails on the installment plan in the more critical areas and ultimately doing the rest at some point in the future. McCarthy questioned if the project was done in increments, was it a small enough project where it would come out of the operating budget opposed to budgeting $68 , 000 for capital improvements and whether the project would be done one piece at time or if we needed to get a budget. Ed White staued kihe as looking buire for a t gadm process admitted he was the project done as quickly looking at what was more financially feasible. Committee unanimously agreed to authorize -Public Works to install guardrails in the more critical areas . Parking Restriction Resolution Brubaker explained that he had revised the draft for the Parking olicy statements that Restriction Resolution to include some p overflow offsite parking constitutes an adverse environmental impact. Sections 2 & 4 were also added with minor modifications and all four sections essentially state that City streets should be free of overflow parking and also reiterates the fact that it causes an adverse environmental impact that should be discouraged. Brubaker continued that when reviewing the Environmental Checklist, the City' s responsible SEPA Official should consider the adverse environmental impact caused to City right-of-ways if the potential for overflow offsite parking on City streets exists as a consequence of the proposed development. 4 Ed White stated what he was looking for was a statement from the City that allows staff to provide input to developers which, in a sense, would allow us to take a look at these developments and inform same that they may need more parking because of a potential overflow parking problem. White stated that if we know it' s not in the Zoning Code, but there .are some areas here that we would like to look at, without having the backing from Council or a policy that basically says this , we're really looking at trying to convince them. White said that 'in terms of a policy/resolution, it would give staff the ability to approach the situation in a more forceful manner when there are multi-families encroaching on single-family areas . White continued to say that the history on this problem came out of parking/site distance coming out onto 110th Avenue SE from the multi-family development . He said the city was getting complaints about vehicles parking too close to the driveway and the people exiting not having adequate site distance . Committee unanimously approved the adoption of the Parking Restriction Resolution . RESOLUTION NO. _ A RESOLUTION of the City Council of the City of Kent, Washington, establishing a City policy regarding offsite overflow parking. WHEREAS, the City, through its zoning code, has established certain parking requirements for various uses and structures within the City of Kent, which requirements establish minimum parking standards ; and WHEREAS, certain multi-family or high density structures do not sufficiently provide for the regular onsite parking needs caused by their developments, even though these properties may comply with applicable codes and meet all minimum parking standards; and WHEREAS , in those instances where the vehicle parking areas provided for do not accommodate the actual onsite requirements of the development, an overflow parking situation occurs that typically results in regular, long-term parking use of City right- of-ways; and WHEREAS, overflow parking on City streets, when caused by insufficient onsite parking facilities, can burden the regulation, maintenance and operation of City streets, thereby threatening the health, safety and welfare of the City; and WHEREAS, the threat to the public health, safety and welfare that exists when overflow offsite parking occurs on city right-of- ways constitutes an adverse environmental impact to the area affected by the development; and 1 WHEREAS , it is appropriate to establish a policy that urges istically accommodate all parking needs for property owners to real their properties. NOW, THEREFORE, The City Council of the City of Kent, Washington, does hereby resolve as follows: Section 1. The City streets should, within reasonable limits, be free from overflow parking caused by inadequate onsite parking facilities in order to protect the health, safety and welfare of the citizens of Kent in the regulation, maintenance and operation of all city right-of-ways . v Section 2 . Overflow offsite parking on City right-of-ways that is caused by inadequate onsite vehicular parking facilities has an adverse environmental impact on the health, safety and welfare of the citizens of the City of Kent by burdening the regulation, operation and maintenance of City- streets. Section 3 . Overflow offsite parking on city right-of-ways that is caused by inadequate onsite vehicular parking facilities shall be discouraged within the territorial boundaries in the City of Kent. Section 4 . When reviewing the environmental impact of any proposed development within the City of Kent, the City' s Responsible Official under the State Environmental Policy Act shall consider the adverse environmental impact caused to City right-of- ways if the potential for overflow offsite parking on city streets exists as a consequence of the proposed development. Passed at a regular meeting of the City Council of the City of Kent, Washington, this day of 2 Concurred in by the Mayor of the city of Kent, this day of 1993 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City day of , 1993 . of Kent, Washington, on the Y (SEAL) CITY CLERK PRKNRES2_ptk 3 Kent City Council Meeting Date June 1, 1993 U L� Category Consent Calendar 1. SUBJECT: KENT CORNUCOPIA DAYS ORDTWANieEr 2 . MMARY ST OMINIM! As recommended by the Public Works Committe , doption of Ordinance No. granting a street o pa io permit to users, and authorizing the issuance of a Street cupation Permit to Kent Lions Club for Kent Cornucopia Days. This ordinance is a new standard street use ordinance for all street closures. In previous years, Cornucopia Days was covered under its own ordinance; however other organiza- tions also request the use of streets for their functions. As a result, the City has prepared a standard ordinance and a standard Street Occupation Permit for Street Closures. 3 . EXHIBITS: Public Works Minutes and ordinance 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H contacting the service clubs and seeing if they really wanted to do this. Bond remarked that there were six clubs agreeable to the idea. Councilman White noted that most of the service clubs buy pre-made out-of-a-catalogue signs, and requested that Bond make this a top priority. Brubaker questioned the fact that perhaps undesirable clubs may choose to be included and thought maybe we should think generically about how we could restrict the use. He inquired whether the Rotary Club was a complete non-profit organization. White concurred and added it was also a non-sectarian service club. Councilman White suggested Ed White and Tom Brubaker get together and work out the details and to check with the service clubs with where and when they meet. Kent Cornucopia Days Ordinance Brubaker noted that this was a new standard street use ordinance for all street closures. Ed White explained that in the past, Cornucopia was normally covered as an ordinance action in that we knew every year it was going to happen. However, there are other organizations requesting to use the streets for other functions. As a result, the City has come up with a standard ordinance and a standard Street Occupation Permit for Street Closures . All action, still has to go to Public Works Committee and through Council. Once approved, they would apply for the permit. Committee unanimously agreed to recommend adoption of the Kent Cornucopia Days Ordinance. Everson Annexation (60% Petition Annexation) Widkstrom noted the location of the annexation area to be by S 218th Street, roughly in the middle of the City on the eastern boundary and that the City has received and verified the 60% petition for same. The next step would be for Council to accept it and authorize staff to file the "Notice of Intent" with the Boundary Review Board. However, prior to Council ' s action, the SEPA process must be complete. Because of the time element, he requested that the committee recommend that upon completion of the SEPA process and subject to a DNS being issued, Council accept the annexation petition and direct staff to file a "Notice of Intent" . Jim White stated that the City was getting pockets (60 acres) of people wanting to annex to the City and in that area it is happening because of septic systems. Wickstrom noted that he believed this was happening because of the county' s permit process and the inability to get action from the County. Mrs. Rust inquired about people wanting to be annexed to the City and recalled that former Counc7ilman Steve Dowell had said that annexations do not benefit the City financially because we do not 2 it i I j j I' ORDINANCE NO. ton AN ORDINANCE of the City of Kent, Washington, relating to Kent Cornucopia Days ; authorizing the issuance of a street occupation permit to Kent Lions Club for a public festival ; specifying terms and conditions for such street use and closing certain streets in conjunction with said permit. WHEREAS , Kent Cornucopia Days has been an annual festival sponsored by the Kent Lions Club celebrating the heritage of the Kent community; and WHEREAS , the Cornucopia Days festival continues to grow in size annually; and WHEREAS, the Kent Lions Club desires to obtain a street occupation permit pursuant to Kent City Code Chapter 6 . 08 and further desires to seek closure of certain streets in downtown Kent in conjunction with said permits. ' WHEREAS , Cornucopia Days is a result of the efforts of a number of private volunteers, citizens, civic groups, and nonprofit organizations; and - 1 - !I �i I i WHEREAS, the City of Kent is not the sponsor nor operator of the Kent Cornucopia Days festival; and WHEREAS , it is appropriate to clarify the rights, responsibilities and relationships of those parties involved in the Kent Cornucopia Days ' activities ; NOW THEREFORE, THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS. FOLLOWS : Section 1 . The Public Works Director is hereby authorized to issue a street occupation permit pursuant to Chapter 6 . 08 of the Kent City Code from Thursday, July 15, 1993 , 9 : 00 p.m. , until Sunday, July 18 , 1993 , 11 : 00 p.m. , for the following described public areas and right-of-ways which will be closed to normal vehicle traffic during the term of the permit except as otherwise noted below: (A) Meeker Street from 6th Avenue to Railroad Avenue (4th Avenue tc remain open) , (B) 2nd Avenue from Meeker Street to Gowe Street, (C) 1st Avenue from new Kent Library to Titus Street with restricted access at 4th Avenue (Lowe Street to remain open) , 2 - I, i �I III (D) 2nd Avenue from Gowe Street to Titus Street, (with local access signs at Titus) (E) 2nd Avenue from Meeker Street to Smith Street for li the purposes of Saturday Market . .I (F) Municipal parking lot between Smith and Harrison and 2nd and 4th Avenues; provided, however, that such closure shall be for the purposes of Cornucopia Carnival from 6 : 00 a.m. , 2 : 00 p.m. , Monday, July 19 , Thursday, July 13 , 1993 through 1993 . ' (G) 5th Avenue behind Kent Elementary for Grand Parade and parade assembly; Saar Street north on 4th Avenue to James Street and Borden Field, on Sunday, July 18 , 1993 from 1.1 : 00 a.m. until 4 : 00 p.m. (H) Smith Street between 1st Avenue and 4th Avenue for the purposes of alleviating traffic flow to the Cornq�-,opia Days Carnival and the Balloon Classic from 9 : 00 p.m. until 11 : 59 p .m. on Friday, July 16 , 1993 , and Saturday, July 17 , 1993 . Section 2 . The street use permit provided in Section 1 above shall be granted to the Kent Lions Club (hereinafter referred to as the "User") and its successors and assigns . By this permit, the User is authorized to conduct a public festival on said public property and right-of-way, to erect booths, conduct lawful and licensed games , provide entertainment, operate or authorize food and beverage services, and conduct such other activities consistent with a public festival at the times and in accordance with the provisions in Section 1 . 3 - it I' .I III � Section 3 . The permit to be granted hereby is conditioned upon and subject to User' s satisfaction of the following conditions and such other terms and conditions as may be imposed by the Public Works Director pursuant to Chapter 6 . 08 : 1 � l3_1 . LICENSES AND TAXES . The User shall be liable for, 4 `i and shall pay throughout the term of this use, all license and fees covering the business and activities conducted on the premises, and all unemployment insurance, social security, workers ' compensation and other obligations applicable to its activities, and otherwise fulfil], all fiscal obligations imposed by law or contract. 3 . 2 . UTILITIES . The User, at the User ' s sole expense, shall provide, or shall otherwise pay for, when due, all costs for providing all utilities and other services and installation occasioned by the User' s requirements . The City shall not be liable for any injury, loss or damage caused by or resulting from any interruption or failure of utility services due to any causes whatsoever, except the City ' s sole negligence. 3 . 3 . LIABILITY. 3 . 3 . 1 . Indemnification: The User, its successors or assigns shall indemnify, defend and hold the City harmless from any and all claims, actions, damages and/or judgments whatsoever arising out of any and all activity, use and occupation of said public property and right-of-way pursuant to the subject permit including claims arising by reason of it I - 4 - I I �I I � I i I i it accident, injury or death caused to persons or property of any kind unless caused by the City ' s sole negligence. 3 . 3 . 2 . Assumption of Risk: The placement and storage of personal property on said public right-of-way by the � User shall be the responsibility of, and the sole risk of the User. 3 . 3 . 3 . Insurance: During the term of this permit and any extension thereof, the User shall secure and maintain a policy of standard form comprehensive general liability insurance with an insurance company licensed to do business in the State of Washington, providing protection and indemnification against any and all claims for injury or disability to person, damage to property or for loss of life, which may arise from or be related to this activity or the permit granted herein, including the liability of the City its officers, officials, agents or employees for such to the User and any of the User ' s officers, employees and agents, and any liability of the User as such to the City, its officers, employees and agents, arising out of or in connection with the occupancy and use of the public right-of-way as well as any and all claims and risks in connection with any acts or omissions performed by User by virtue of the rights granted pursuant to this permit. Said policy limits shall be in the amount of one million dol-lars ($1 , 000, 000) for injury to or loss of life of any individual person; in the aggregate for personal injuries suffered in each occurrence ; and for property damage suffered in each occurrence. Said policy must specifically name The City of Kent, its officers, employees and elected officials as additional insured parties thereunder 5 - i i i and must stipulate that the coverages provided by said policy shall not be terminated, reduced, or otherwise changed in any respect without providing at least thirty (30) days prior written ` notice to The City of Kent. In any event, no termination, reduction or change in coverage shall occur after June 16, 1993 , ;I or 30 days prior to the scheduled event for which this permit has I� been issued. Notwithstanding any provision herein to the contrary, the failure of the User to comply with the provision of ! this section shall subject this Street Use Permit to immediate 1 termination without notice and without recourse by any person in order to protect the public interest. The applicant shall furnish a certificate of such insurance coverage to the City prior to issuance of permit, and may be required, at the City ' s discretion, to provide a copy of the entire insurance policy. 3 . 3 . 4 . Adjustments of Claims : The User shall provide for the prompt and efficient handling of all claims from third parties for bodily injury, property damage or theft arising out of the activities of the User under this permit. The User agrees that all such claims, whether processed by the User or User ' s insurer, either directly or by means of an agent, will be handled by a person with a permanent office in the Kent-Seattle area. 3 . 4 . USE AND CARE OF PREMISES . 3 . 4 . 1 . General Condition: The premises shall at all times be kept in a neat, clean, safe and sanitary condition, and kept and used in accordance with the laws of the State of Washington and ordinances of The City of Kent, and in accordance - 6 - I� �I �i I i ,I with all authorized rules and regulations of the King County Health Department, Kent Fire Marshal , Kent Building Inspector, and other proper officers of The City of Kent, at the sole cost and expense of the User. The User shall not permit any waste, damage, or injury to the public property or right-of-way; shall ii not permit any objectionable noise or odor to escape or to be . � admitted from said public areas or permit anything to be done j upon said premises that in any way will create a nuisance.. 3 . 4 . 2 . Alterations: The User shall not make, or cause to be made, any alteration, addition or improvement in said public right-of-way other than those authorized above without first obtaining the written consent of the City for such work. 3 . 4 . 3 . Access : The City reserves for itself, its officers, employees, agents and contractors, free access to said premises at all reasonable times for the purposes of emergency response and other public safety demands, inspection, cleaning, or other City responsibilities . 3 . 5 . NON DISCRIMINATION. The User shall comply with all federal , state and local laws and ordinances prohibiting discrimination in employment or public accommodation with regard to age, sex, race, color, creed, national origin, marital status or physical or mental handicap. 3 . 6 . RELATIONSHIP. In no event shall the City be construed, or held to have become in any way or for any purpose a partner, associate, or joint venturer of the User or any party associated with the User in the conduct of the User' s activities I - 7 - II II �I I relating to Cornucopia Days . This permit does not constitute the User the agent or legal representative of the City for any , purpose whatsoever. 3_7 . AMENDMENTS . The City expressly reserve the right to amend the terms of this permit from time to time as may be necessary to preserve the public health, safety and welfare. Provided, however, that no amendment, alternation or modification ' of the terms or conditions of this permit shall be valid and binding unless made in writing to the User within fourteen ( 14) days of- the effective date of said amendment, alternation or modification. 3 . 8 . NO WAIVER OF DEFAULT. The City does not waive full compliance with- the terms and conditions of this permit by acceptance of the permit fees . No waiver of default by the City of any of the terms , covenants and conditions hereof to be performed, kept and observed by the User shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party . 3 . 9 . SURRENDER OF PREMISES . At the expiration or termination of this permit, including any extensions thereof, whichever is earlier, the User shall quit and surrender said premises , without notice and in as good condition as received at commencement of the term, ordinary wear and tear uncontrollable by the User excepted. 8 - I i 3 . 10 . CONSTRUCTION AND DISPUTE RESOLUTION. This street use permit shall be construed under all the applicable laws, statutes, ordinances, rules and regulations of the United States, State of Washington, County of King and the City of Kent in case of a dispute between the parties. Jurisdiction of any resulting litigation shall be in King County Superior Court. I I If legal action is instituted, the User agrees to pay all of the City ' s reasonable costs and attorney fees incurred in connection therewith. 3 . 11 . The User shall not interfere with the City' s maintenance and use of the right-of-way, or the operation of the Kent Saturday Market or other licensed businesses and premises. The User shall also be responsible for obtaining necessary permits for use of property administered by the Department of Parks and Recreation. 3 . 12 . The City of Kent, its agents and employees, will perform no maintenance, repair work of any kind on User ' s installations, equipment, or appurtenances without first obtaining permission from the User. Provided, however, the City may perform such maintenance, repair or work in an emergency. 3 . 13 . INVALIDITY OF PROVISIONS . Should any term, provision, condition or other portion of this permit be held to be inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this permit; and the remainder of this permit shall be effective as if such - 9 - i I I i term, provision, condition or portion had not been contained herein. Section 4 . FEES AND CHARGES I I 4_1. FEE. The fee for the above identified permit j 11 shall be twenty-five dollars ($25 . 00) payable in advance to the City Treasurer at Kent City Hall , 220 4th Avenue South, Kent, before July 3 , 1993 . A copy of Washington 98032-5895 on or User' s proof of insurance certificate shall be submitted at the time this fee is paid. 4 . 2 . AUDIT. The User shall permit the City, as City deems necessary, to inspect and audit in Kent, Washington at any and all reasonable times, all pertinent books and records of the User and any subcontractors or other person or entity that is it connection with, or related to the User under this permit to verify the accuracy of accounting records, including trust accounts if any; and shall supply City with, or shall permit the City to make, a copy of any books and records and any portion thereof, upon the City ' s request. 4 . 3 . The User shall have the right to charge user fees or festival permits for the areas described in Section 1, above . The User shall also be granted the authority to charge user fees or festival permits to street vendors and merchants within two blocks of the area described in Section 1 above. The User' s right to charge festival permit and user fees shall extend only for the term of this street use permit, and shall not apply to - 10 - iI j' I1 I I mercha nts and businesses with current business licenses within the areas designated herein. I Section 5 . An authorized representative of user shall j execute an agreement with the City confirming acceptance of the I fconditions herein. The Mayor is authorized to execute said + agreement and such other documents necessary to the I! administration of this ordinance. Section 6 . Two hour parking restrictions as provided in Chapter 10 . 06 Kent City Code for the following streets are eliminated during the period of Cornucopia Days, and shall not be enforced during said period: Central Avenue to Union Pacific Railroad and James Street to Willis Street. Section 7 . A sufficient number of handicap parking spaces shall be provided in close proximity to festival site on 2nd Avenue between Gowe St . and the post office driveway. Section 8 . Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 9 . Effective Date. Pursuant to Leonard v. Bothell , 87 Wn. 2d 847 ( 1976) , this ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. DAN KELLEHER, MAYOR i i i! �j t ' �I ATTEST: BRENDA JACOBER, CITY CLERK I' 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 cornucop.ord it - 12 - Kent City Council Meeting Date June 1, 1993 Category Consent Calendar 1. SUBJECT: EAST HILL ANNEXATION -RAMSTEAD/SCHNEIDER ANNEXATION (CITY PROPERTIES) 2 . U1MARY STA NTH__._ s recomm_e_nde_d by the Public Works Committee uthorization for the Mayor to sign the 60% petition or al e City's properties within the East Hill Annexation area. In October of 1991, Council authorized the circulation of a 60% petition for the subject annexation. While an actual 60% petition has not yet been received, the petitioner is still pursuing same. 3 . EXHIBITS: Public Works Minutes, memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I Ed White stated what he was looking for was a statement from the City that allows staff to provide input to developers which, in a sense, would allow us to take a look at these developments and inform same that they may need more parking because of a potential overflow parking problem. White stated that if we know it' s not in the Zoning Code, but there are some areas here that we would like to look at, without having the backing from Council or a policy that basically says this , we' re really looking at trying to convince them. White said that in terms of a policy/resolution, it would give staff the ability to approach the situation in a more forceful manner when there are multi.-families encroaching on single-family areas . White continued to say that the history on this problem came out of parking/site distance coming out onto Moth Avenue SE from the multi-family development. He said the City was getting complaints about vehicles parking too close to the driveway and the people exiting not having adequate site distance . Committee unanimously approved the adoption of the Parking Restriction Resolution . Ramstead/Schneider Annexation (City Properties Wickstrom recalled that back in October 1991 , Council authorized the circulation of a 600-. petition for this area . Initially, Wickstrom said it was started by Mrs . Ramstead and then later by Schneider Homes who is actively pursuing the annexation securing signatures . Wickstrom stated that several properties are owned by the City that were acquired by park purchases or through the 277th Corridor right-of-way acquisition representing about 1 . 5 million dollars worth of assessed value . The 60s needed is not in, but at this point, the City is asking that Council authorize the Mayor to sign the petition for the properties that we in fact own . Bennett inquired when it comes to a vote if it was only voted on by those people that own the 10% . Wickstrom stated that this was an annexation by 60% petition where the petitioners seek signatures of property owners within the area who have 60% of the assessed value. Wickstrom noted that the City owns properties totaling 1 . 5 million assessed value in the area which represents about 2% and the total area is about $40 , 000 , 000 . . Mann inquired whether this annexation was to move in the direction of the 272th Corridor . Wickstrom stated that if the annexation were to- occur, parts of the corridor would be in Kent. Mann then inquired if ' we were acting in accord and was this the motivation for the action. Wickstrom stated that the motivation was that the developer and/or property owner is pushing the annexation and since the City has properties in the subject area , we would just sign the 60% petition annexation for those parcels; the developer is doing all the work. Mann further questioned whether that would be sufficient to sway the annexation . Wic}cstrom noted that it was not 5 because city-owned properties only make up 2% and 58% more would have to be secured . Charlie Kiefer inquired about the SEPA review, the responsible person involved, as well as the official name of the annexation. Jim White stated that the SEPA Official was Jim Harris and the official name was East Hill Annexation. Kiefer was concerned that all those in the annexation area would not be published notified . the neWickstrom stated that the normal procedures are s . Bill Carleton commented that he lives near the Ramstead s property and also wanted to be notified . Kiefer inquired about the City ' s 2% and where we stand now. Wickstrom noted that we were in the 50 to 60% range, that we are not quite there because some of the signatures were beyond the 6- month period and we had to .-start over in some cases . Wickstrom noted that the 60% petition annexation was a State law requirement. William Joy questioned how this annexation fit in with Auburn. Wickstrom stated that it correlates with Auburn, however, they may have a concern with the tail off of one parcel , but it' s within the interim potential annexation boundary that Council approved May 18th. Councilman White commented that a lot of this was being driven by the Growth Management Act which states that Cities should provide services because they are the mechanism established by law to provide them. As a result, white stated that the City was being forced to budget money to do plans that we :,could normally not do; plans must be completed by July 1994 . white noted there was no great desire by Council or the Mayor to annex clear to Soos Creek or to SE 285th, but when we receive petitions for annexation we have to react to them and are almost. forced to annex. Bill Carleton stated he had gone to a County meeting where they discussed eliminating an intersection on 116th Avenue SE and making it a major County arterial . Carleton stated, as a part of the official meeting, a representative of the City' s Planning Department came in with books, EIS statements and counter statements which did not refer to 116th , but to the corridor . He said they did not object to the City doing that , but they did object to the fact that the corridor was an integral part of the spur and they were tied together . Carleton mentioned the County also discussed a 1 , 000-home addition in the same vicinity and noted out of their areas would go to Kent-Kangley or that people getting n the corridor and go al-', the way down to the they would get freeway which is already overcrowded . In conclusion, Carleton suggested that the City of Kent could d over itself the "Oasis city" and ere stated goi that if f the our skpav y and the everything out there, we properties would go down in value. Committee unanimously agreed to authorize the Mayor to sign the 60% Annexation Petition for City-owned properties . 6 DEPARTMENT OF PUBLIC WORKS May 13, 1993 To: Public Works Committee From: Don Wickstrom,"Director of Public Works Re: Ramstead/Schneider Annexation aka East Hill Annexation Back in October - 1991, City Council authorized the circulation of the 60% petition for the above subject annexation. While an actual 60% petition has not yet been received, the petitioner is still pursuing same. As noted on the attached map, included therein are several properties that the City owns. Some are recent acquisitions associated with the 272nd Corridor project and some are older relating to prior City sewer, water, drainage or parks projects. Total assessed value of same is $1, 526 , 620 . 00 or 2% of the total proposed annexation area. It' s the Public Works recommendation that the Mayor be authorized to sign the 60% petition for all the City' s properties within this annexation area. ACTION: Authorize Mayor to sign 60% petition for all City properties within the Ramstead/Schneider Annexation (aka East Hill Annexation) . T51 g r� H%,// /�� I r y� G /,u/1 ,:�:,y<�j A�//r./i�' P.vr- ���� .} '�f -�l //../ n����/� �/�/l,:r�..�/�i��/'=k:m7j�L//�i/�!� /r. f//r.����j�i'///���,. �2�r[Siw:.91d:':�:. .,a , gy, W, rM W/ ri RM -fl PROPOSAL BOJ Kent City Council Meeting Date June 1, 1993 Category Consent Calendar V 1. SUBJECT: TRAFFIC SIGNAL REMODEL - 228TH & 84TH & SR167 RAMPS 2 . SUXHARY STA E— MNTo _As_ commended by the Public Works J ittee, accept as comp ete the— contract with e V Com any for a traffic signal remodel at 228th & 84th & SR167 Ramps. F\, 3 . EXHIBITS: Public Works Minutes, memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3J Traffic Signal Remodel at 228th & 84th &_ SR167 Ramps - Acceptance Wickstrom noted that the original bid was below bid limits, so the city solicited for proposals from contractors. 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, Councilman White noted that he had read the information submitted and it was fine. Highway Paint Striper - Bid AcceptedPaint Striper - Bid Accepted Committee unanimously recommended this bid be accepted and contract awarded to Municipal Machinery for $28 , 536 . 00 . Meeting adjourned at 6: 36 PM. 7 DEPARTMENT OF PUBLIC WORKS May 12, 1993 To: Public Works Comm ttee From: Don Wickstrom, Director of Public Works Re: Traffic Signal Remodel at 228th & 84th & SR167 Ramps This project consisted of a traffic signal remodel, i. e. signal head modifications, controller change, addition .of traffic loops, pavement markings, and installed interconnect at 228th Avenue S & 84th Avenue S & SR167 Ramps. Because the project was below the bid law limits, the department solicited bids and awarded the contract on October 21, 1992 to The V Company for the bid amount of $18 , 290 . 00 . The final construction cost is $20, 590 . 00 . We are requesting that the project be accepted as complete. ACTION: Acceptance of the project as complete 1• _ ap � � x S 218TH \ S ST I stzl4��� N s i. INDUSTRIAL \\ AREA _ n ST •222N1 S 222NUv f _ j PROJECT LOCATION . 7 - i-. o' 13 W NORT > N / KEN < r T INTC 6 n r W x n Fx F 228TH S 228TH _ ST C .s 229 ST- ST In W N \ > < c S 232ND NOYAK- 8T W 167 _ > a g 94TH Cr S P 2 2 W A< J3Ro + m < r COLE ST •t -'�'• Lc cwv �t•ht:�;I :: 47' z 0 0 !.:••.:r% 1.DR0N n N �' WAY 6,14t ' < S.Z37TH PL > W CLOU Y S z O a •r. QEpRQE O < 4. a S 238TH. n ' v z ? z z F > < < = a S 2 PL �...� 1 S 240 ST z Es 3T z < Z • y� I5111lI/F.\��� 4 KEHT W W c 4 - < ~ HI. 24 > < ¢ S 241ST ST 1 W -�- �•+ - SCHCIOL < E > i Athletic ffd ST z < x S 242ND' < Plot EER 8 < Z Z ST c - M IL E M RA E ST 'AL'KF: S 243RI r'It:l.tl • `� SST z z z y7 sr w SMITH ST 4 aMITH tT Z s 1244TH • t MEDICAL ST '• •, . Z G &Z Z H WARD ACEN7E =`1� > Z 11 aL- HARRISON . ST N WLHR4P ST Z b •lam .•/r•••4.'_1 yl AMIES Z ; ST• W' MEEKER Z ST b O 8CHSO�OL M < � r . I 4i ST (Aow wEILANO x S 246THub w iOWE S Sla1° r ST 247TH P< cirr HAU T < F, t'hpy\ TACOMA ST q` ST x x L scH 516 b ,� < CHERRY C •^."1 �p k > HILL ST `• . O1 s C w n� �~ 1 \ _ E DEAN < ------ `� W p > ST = W ST E MACIYN ST ;�..�i� `{�• n n �V (} Kent City Council Meeting Date June 1, 1993 Category Consent Calendar 1. SUBJECT: 3 -93 GROWTH MANAGEMENT ACT tGMA) GRANT --S-ERV= AG COUNTY— 2 . SUMMARY STATEMENT: Adoption of Resolution No. 43LY relating to the 1992-93 Growth Management Act Grant Service Agreement with King County. The Growth Management Act -�G� provides funding to cities and counties that are required to plan under the act, -svrch &_ ..� GMA funds are distributed to the City of Kent through King County. This resolution approves the agreement between the City of Kent and King County for the distribution of 1992-93 funds in the amount of $34, 242 . the-xervice--agreement trre-seWerel-exh}hits._ __ ---ttmac ment-_I Gour4ty-7wide_-p l-anrving pol is-i-es work--program, Attachment--2 fu-nding allocationsIxing--County — Att-achment--3-,---pr-oprosed--GMA-process. The Planning Committee approved the proposed service agreement on May 18, 1993 . 3 . EXHIBITS: Resolution, service agreement with attachments, and City Council Planning Committee Minutes of 5/18/93 4 . RECOMMENDED BY: Planning Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3K RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, relating to the Growth Management Act funds_ disbursed by the State Department of Community Development to King County as pass through funds to the City of Kent. WHEREAS , the 1990 and the 1991 State Legislatures passed the Growth Management Act (hereinafter the "Act") which requires, among other things, that all jurisdictions in King County prepare comprehensive plans in accordance with its provisions, that the jurisdictions , plans be consistent, and that county-wide planning policies be adopted in 1992 ; and WHEREAS , funds were appropriated by the Legislature to assist local governments in the implementation of the Act; and WHEREAS, in the allocation of these funds, the Washington State Department of Community Development has in turn, allocated $1, 754 , 041. 00 in 1992-93 to assist in implementing the Growth Management Act and requires that, in order to submit a grant application, 60% of County jurisdictions, with 75% of the population approve the Joint Regional Strategy for growth management activities ; and WHEREAS , in order to receive 1992-1993 grant funds under the Act, the City approved all necessary elements under the Act and an Interlocal Agreement has been executed with King County for the distribution of those funds, and WHEREAS, in order to receive the $34 , 242 . 00 allocated to the City of Kent for 1992-1993 , the City must approve another Interlocal Agreement with King County regarding the distribution of the funds and accept the grant distribution formula and Joint Regional Strategy as recommended by the King County Liaison Group (an interjurisdictional group of planning, public works and finance officials) ; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City agrees that in order to be eligible for 1992-1993 Act funds, it shall perform the following tasks: 3 A. Authorize the Mayor to sign the Interlocal Agreement with King County regarding the distribution of 1992-1993 Act grant funds, in substantially the same form as "Attachment A: 'A Service Agreement for the distribution of Certain Washington Department of Community Development Grant funds under the State of Washington Growth Management Act of 199011' (hereinafter the "Agreement") attached hereto; B. Perform the tasks specifically described in the Agreement for the continued fund disbursements and in order to comply with all applicable laws; C. Participate and provide information and data as requested to accomplish the 1992 Joint Regional Strategy Countywide Planning Policies Work Program (Attachment 1 to the Agreement) ; 2 D. Accept the grant allocation formula which reserves $482 , 000. 00 for region-wide efforts (Attachment 2 to the Agreement) ; E. Designate the King County Liaison Group to coordinate the interjurisdictional work in the Joint Regional Strategy (Attachment 3 to the Agreement) ; F. Designate King County as the fiscal agent to: submit the application to DCD for 1992-1993 Growth Management Act grant funds on behalf of participating jurisdictions; receive DCD grant funds to municipal jurisdictions according to the approved allocation formula and to otherwise carry out its responsibilities as further described in the Agreement. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1993 . Concurred in by the Mayor of the City of Kent, this day of , 1993 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 3 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1993 . (SEAL) BRENDA JACOBER, CITY CLERK 9 gma.res 4 A SERVICE AGREEMENT FOR THE DISTRIBUTION AND ADMINISTRATION OF CERTAIN WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT GRANT FUNDS UNDER THE STATE OF WASHINGTON GROWTH MANAGEMENT ACT OF 1990 THIS AGREEMENT, signed this day of 199 by and between King County and the City/Town of ("the Municipal Jurisdiction"). WHEREAS, the Washington State Legislature passed the Growth Management Act of 1990 and 1991 (Chapter 17), hereinafter referred to as "the Act," which requires all jurisdictions in the County of King to prepare comprehensive plans consistent with new guidelines; and WHEREAS, the Act requires that jurisdictions prepare these plans in cooperation with neighboring units of general government; and WHEREAS, the State of Washington through the adoption and administration of the Act will make funds available to local jurisdictions through the State of Washington Department of Community Development, hereinafter referred to as DCD, for expenditure during the 1992-1993 funding years; and WHEREAS, the Act directs DCD to establish funding levels for planning and technical assistance grants for counties and cities that plan under this Act and DCD has allocated approximately $1.75 million dollars to King County jurisdictions; and WHEREAS, King County and ;the municipal jurisdictions within King County have been designated together as a county region by DCD for the purpose of receiving DCD funds; and WHEREAS, DCD requires King County and the municipal jurisdictions within King County to develop a regional work program, hereinafter referred to as a "Joint Regional Strategy," for the 1993 calendar year and beyond for implementation of the Act and for the purpose of receiving DCD funds and to designate an institutional framework to coordinate the accomplishment of the Joint Regional Strategy; and WHEREAS, DCD requires King County and the municipal jurisdictions within King County to develop an allocation formula for receipt of the DCD grant funds within the county region and designate a fiscal agent to receive and distribute DCD funds according to the approved allocation formula; and WHEREAS, DCD requires that the Joint Regional Strategy and allocation formula be approved by 60% of legislative authorities of the county and municipal jurisdictions within King County representing 75% of the total population of King County; and WHEREAS, only King County and municipal jurisdictions which have adopted the Joint Regional Strategy and have agreed to the allocation formula by resolution, motion, or ordinance will be eligible to receive DCD grant funds; and WHEREAS, in 1991 and 1992 King County and municipal jurisdictions entered into interlocal agreements for the distribution of DCD Growth Management Act grant funds which included approving Joint Regional Strategies and grant allocation formulas; and WHEREAS, the King County Liaison Group, which consists of Planning Directors, Public Works Directors and Finance Directors representing King County, the City of Seattle, and other municipal jurisdictions within King County, recommends the Countywide Planning Policies Work Program as the Joint Regional Strategy and the grant allocation formula contained herein; and' WHEREAS, King County has entered into a contract with DCD to serve as fiscal agent for the distribution of grant funds among King County and the municipal jurisdictions within King County; and 2 WHEREAS, in November 1992 the King County Council through the adoption of Ordinance #10641, Section 91, appropriated DCD funds for distribution to King County and the municipal jurisdictions within King County for the 1992- 1993 funding year; and WHEREAS, King County and the Municipal Jurisdiction enter into this Agreement pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34, for the purpose of distributing and administrating DCD funds and for the execution of activities in accordance with and under author- ity of the Act; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT King County and the Municipal Jurisdiction agree to comply with the provisions of the "Joint Regional Strategy," which is attached hereto as Attachment 1 and is incorporated herein as is fully set forth, by under- taking growth management activities, including coordination of planning efforts to achieve consistency, the development of a public participa- tion process, and undertaking other coordinated planning activities as specified in the Growth Management Act of 1990 and 1991. II. ENTITLEMENT The parties agree that the allocation of funds appropriated by the State of Washington Department of Community Development ("DCD") among King County and the municipal jurisdictions within King County shall be governed by the following provisions as outlined in the Grant Allocation Formula, which is attached hereto as Attachment 2 and is incorporated herein as is fully set forth: A. By entering this Agreement the Municipal Jurisdiction is eligible to receive a direct share, hereinafter referred to as a pass- through, of DCD funds as calculated in the Grant Allocation Formula, which is based on the following principles: 1. Of the total DCD grant to King County, W2,000 shall be reserved for Countywide efforts. 2. The pass-through shall include a minimum amount of $10,000. 3. The remainder of the funds shall be allocated on a per capita basis based on a proportional distribution of total population with King County as determined in the June 1992 estimate by the State of Washington Office of Financial Management. 4. If the Municipal Jurisdiction is partially within King County and partially within an adjacent county, it shall have its base amount adjusted based on the proportion of its population which is located in King County. B. King County shall distribute any unallocated funds in the same manner as described in paragraph II(A)(2) above or in another manner approved by King County and a minimum of nineteen (19) municipal jurisdictions within King County. Together the popula- tion of unincorporated King County and the approving municipal jurisdictions must represent 75% of the total population of King County. C. This Agreement is contingent upon the adoption of a resolution, motion, or ordinance by the Municipal Jurisdiction approving the Joint Regional Strategy and Grant Allocation Formula for DCD grant funds and of a municipal work program which outlines the Municipal Jurisdiction's implementation of the Act or the Joint Regional Strategy. 3 III. REIMBURSEMENT PROVISIONS The parties agree that King County is the designated fiscal agent for the distribution of DCD funds under the terms of this Agreement. Within ten (10) business days after receiving each quarterly warrant from DCD, King County shall issue a warrant to the Municipal Jurisdiction for an amount equal to one quarter (to the nearest dollar) of the total amount the Municipal Jurisdiction is entitled to receive according to the Grant Allocation Formula. IV. USE OF FUNDS: GENERAL PROVISIONS A. Funds provided to the Municipal Jurisdiction under this Agreement shall be used solely for activities undertaken to fulfill the requirements of the Act and to implement the Joint Regional Strategy. B. The Municipal Jurisdiction agrees to conduct the appropriate citizen participation activities as required by the Act, RCW Chapter 36.70. Such activities shall include the broad dissemina-. tion of proposals and alternatives, opportunity for written comments, public meeting after effective notice, provisions for open discussion, communication programs, information services, and consideration of and response to public comments. V. ROLE OF THE KING COUNTY LIAISON GROUP The parties agree that tfe King County Liaison Group (Attachment 3), which consists of the planning directors, public works directors, and finance directors or their designees from King County, the City of Seattle, and other municipal jurisdictions within King County, shall serve as a joint forum for the review and recommendation of policy matters and state requirements to the legislative authorities of King County and the municipal jurisdictions within King County. The parties hereby agree that the King County Liaison Group shall prepare for DCD an annual regional progress report which describes accomplishments of the Joint Regional Strategy. VI. RESPONSIBILITIES AND POWERS OF THE MUNICIPAL JURISDICTION The Municipal Jurisdiction shall have the following responsibilities and powers: A. The Municipal Jurisdiction shall propose to its legislative authority a local work program which includes an examination of its role in recognizing and addressing regional or county-wide needs through a coordinated funding approach with King County and other municipal jurisdictions. B. The Municipal Jurisdiction shall prepare an annual progress report in accordance with the primary objectives and requirements of the Act, RCW Chapter 36.70. The Municipal Jurisdiction's annual progress report shall be sent to the Office of the Manager, King County Planning and Community Development Division, 707 Smith Tower Building, 506 Second Avenue, Seattle, Washington 98104. C. The Municipal Jurisdiction shall exercise its discretion in deter- mining the use of its pass-through funds in a manner consistent with the Act and the Joint Regional Strategy including the Munici- pal Jurisdiction's local policies. D. The Municipal Jurisdiction agrees to propose to its legislative authority activities and budgets for inclusion in the implementa- tion of the Joint Regional Strategy. E. The Municipal Jurisdiction shall send representatives to partici- pate actively in technical forums for the purpose of accomplishing the Joint Regional Strategy. 4 F. The Municipal Jurisdiction shall prepare and submit to King County for transmittal to DCD a short written description of high priority growth management work program projects upon which the Municipal Jurisdiction intends to begin work during the period between July 1, 1992 and June 30, 1993. This description shall include reference to work program projects which implement the Joint Regional Strategy. G. The Municipal Jurisdiction undertaking activities and/or projects with DCD funds distributed under this Agreement retains full civil and criminal liability as though these funds were locally gener- ated. H. The Municipal Jurisdiction shall fully comply with the State Environmental Policy Act. I. The Municipal Jurisdiction shall maintain accounts and records, including personnel, property, financial, and programmatic records, and other such records as deemed necessary, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. These records shall be maintained until June 30, 1994, unless a longer retention period is required by law. VII. RESPONSIBILITIES AND POWERS OF KING COUNTY King County, by and through its employees, agents, and representatives, agrees to: A. Obtain and present to the King County Liaison Group all applicable State and DCD policy guidelines, special conditions, and format requirements related to the implementation of the Joint Regional Strategy and related to the administration of the grant funds distributed pursuant to the Act, RCW Chapter 36.70. B. Prepare and present to DCD the annual progress report regarding the implementation of the Joint Regional Strategy as required by DCD pursuant to the Act, RCW Chapter 36.70. C. Identify supplemental sources of funding to increase the ability of King County and the municipal jurisdictions within King County to carry out effective growth management activities. D. Prepare reports, organize meetings and technical forums/work groups as needed for the King County Liaison Group to assist in the implementation of the Joint Regional Strategy. VIII. GENERAL TERMS A. This Agreement for the 1992-1993 fund distribution shall be effective July 1, 1992 through June 30, 1993. The parties acknowledge, however, that commitments to accomplish the Joint Regional Strategy do not terminate with this Agreement. The parties agree to use their best efforts to work with DCD to secure additional funding beyond the 1992-1993 funding period and to execute subsequent agreements. B. The King County Council through the adoption of Ordinance #10641, Section 91 appropriated DCD funds for distribution to King County and the municipal jurisdictions within King County for the 1992- 1993 funding year; C. It is recognized that amendments to this Agreement may become necessary, and such amendment shall take place only when the parties have executed a written addendum to this Agreement. 5 IX. EVALUATION AND MONITORING A. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by King County so authorized or as requested by DCD during the performance of this Agreement and until June 30, 1994, unless a longer retention period is required by law. B. The Municipal Jurisdiction agrees to cooperate with any monitoring or evaluation activities conducted by King County that pertain to the subject of this Agreement. The Municipal Jurisdiction agrees to allow King County, DCD, the State Auditor, and/or any of their employees, agents, or representatives to have full access to and the right to examine during normal business hours and as often as King County may deem necessary, all of the Municipal Jurisdic- tion's records with respect to all matters covered by this Agree- ment. King County and/or any of its employees, agents, or repre- sentatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all invoices, materials, payrolls, and record of matters covered by this Agreement. King County will give advance notice to the Municipal Jurisdiction in the case of fiscal audits to be conducted. C. The results and records of said evaluation shall be maintained and disclosed in accordance with RCW Chapter 42.17. X. HOLD HARMLESS A. King County assumes no responsibility for the payment of any compensation, wageJ, benefits, or taxes to or on behalf of the Municipal Jurisdiction, its employees, or others by reason of this Agreement. The Municipal Jurisdiction shall protect, indemnify and save harmless King County, its officers, agents, and employees from and against any and all claims, costs, and losses whatsoever occurring or resulting from (1) the Municipal Jurisdiction's failure to pay any such compensation, wages, benefits, or taxes; and (2) the supplying to the Municipal Jurisdiction of work, services, materials, or supplies by municipal employees or others in connection with or in support of the performance of this Agree- ment. B. The Municipal Jurisdiction further agrees that it is financially responsible for and shall repay King County all indicated amounts following an audit exception which occurs due to the negligence, intentional acts or failure for any reason to comply with the terms of this Agreement by the Municipal Jurisdiction, its offi- cers, employees, agents, or representatives. This duty to repay King County shall not be diminished or extinguished by the prior termination of this Agreement pursuant to Section VIII or Section IX. C. The Municipal Jurisdiction shall protect, defend, indemnify, and save harmless King County and the State of Washington, their offi- cers, employees, and agents from any and all costs, claims, judg- ments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Municipal Jurisdiction, its officers, employees, or agents. The Municipal Jurisdiction agrees that its obligations under this subparagraph extend to any claim, demand, or cause of action brought by or on behalf of any employee of the Municipal Jurisdiction against King County, its officers, agents, or employees, and includes any judg- ment, award, and cost arising therefrom, including attorney fees. King County shall protect, defend, indemnify, and save harmless the Municipal Jurisdiction, its officers, employees, and agents from any and all .costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of King County, its officers, employees, or agents. King County agrees that its obligations under this subparagraph extend to any claim, demand, or cause of action brought by or on behalf of any employee of King County against the Municipal Juris- 6 diction, its officers, agents, or employees, and includes any judgment, award, and cost arising therefrom, including attorney fees. Claims shall include„but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement or any copyright, patent, trademark, trade name, or otherwise results in unfair trade practice. D. The Municipal Jurisdiction shall provide King County with evidence of general liability insurance with limits of no less than E1 million per occurrence to provide coverage for claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Municipal Jurisdiction, its agents, representatives, employees, or subcon- tractors. If the Municipal Jurisdiction is self-insured for this requirement, a certification of self-insurance shall constitute compliance with this section. XI. TERMINATION A. This Agreement may be terminated without cause by King County, in whole or in part, prior to the date specified in Section VIII, upon thirty (30) days advance written notice of the termination to the Municipal Jurisdiction. B. If at any time during the term of this Agreement, either (1) the State of Washington terminates King County's DCD grant status, or otherwise acts to terminate, reduce, modify, or withhold its grant funding to King County, or (2) any necessary appropriations of funds for the Municipal Jurisdiction are not made to King County by the State of Washington, or are revoked or withheld, or (3) the King County Council does not appropriate DCD funds for distribu- tion to the Municipal Jurisdiction, then King County may terminate this Agreement upon giving twenty (20) days' written notice to the Municipal Jurisdiction. The parties acknowledge that, except as otherwise specifically provided for herein, King County shall in no event be responsible for the payment of any funds to the Munic- ipal Jurisdiction. King County, as the official fiscal agent, shall have the authority and responsibility to ensure that upon termination of this Agreement, any remaining DCD funds are made available in the manner described in paragraph II(C) above and in accordance with state regulations, or returned to DCD. C. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other party. XII. REDUCTION OF FUNDS In the event that there is a reduction of funds by the State of Washington or DCD, and if such funds are the basis for this Agreement, then King County may unilaterally terminate all or part of this Agreement, or King County and the Municipal Jurisdiction may reduce their respective scopes of work or budgets under this Agreement. 7 XIII. SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition or application. To this end the terms and conditions of this Agreement are declared severable. XIV. RECAPTURE PROVISION A. In the event that DCD elects to recapture funds from either King County or the Municipal Jurisdiction for failure to expend grant funds in accordance with state law and/or the provisions of this Agreement, King County reserves the right to recapture such funds on behalf of DCD in an amount equivalent to the extent of noncom- pliance. B. Such right of recapture shall exist for a period not to exceed three (3) years following termination of this Agreement. Repay- ment by the Municipal Jurisdiction of such funds under this recap- ture provision shall occur within thirty (30) days of demand. Funds recaptured by King County shall be returned to DCD. In the event that King County is required to institute legal proceedings to enforce the recapture provision, or is required to participate in legal proceedings as a result of the Municipal Jurisdiction's noncompliance with the provisions of this Agreement, or is required to reimburse the State of Washington for the cost of legal proceedings,sthen King County shall be entitled to reim- bursement of its costs from the Municipal Jurisdiction, including reasonable attorney's fees. XV. NONDISCRIMINATION There shall be no discrimination against any employee or independent contractor paid by any funds which are the subject of this Agreement or against any applicant for such employment because of race, religion, color, sex, age, sexual orientation, handicap, or national origin. This provision shall include, but not be limited to the following: employ- ment, upgrading, demotion, transfer, recruitment, advertising, lay-off. or termination, rates of pay or other forms of compensation, and selec- tion for training. The Municipal Jurisdiction and any independent contractor paid by funds which are the subject of this Agreement shall comply with the require- ments of Section 504 of the Rehabilitation Act of 1973, as amended. XVI. RIGHTS TO OTHER PARTIES . It is understood and agreed that this Agreement is solely for the bene- fit of the parties hereto and conveys no right to any other party. XVII. GOVERNING LAW AND FILING This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. This Agreement shall be filed with the city clerk of the Municipal Jurisdiction, the King County Records and Elec- tion Division, and the State of Washington Department of Community Development. B XVIII. ADMINISTRATION A. King County's representative shall be Address: Phone: B. The Municipal Jurisdiction's representative shall be Address: Phone: XIX. ENTIRE AGREEMENT/WAIVER OF DEFAULT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorpo- rated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be waiver of'any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by King County, which shall be attached to the original Agreement. KING COUNTY, WASHINGTON MUNICIPAL JURISDICTION King County Executive Signature of Designated Official Official Title City or Town APPROVED AS TO FORM: APPROVED AS TO FORM: approved as to form only by _ King County Prosecuting Attorney Official Title per memo dated November 16, 1992 c\ords\agent Attachment 1 Countywide Planning Policies Work Program 1992 1993 TASK. A S . p N D - J ,F -.M:...A,. M.r J--J :_-. I. "rERL%l "MOLE Raral hrterim 7.06129 Mir®Densities in Urban Areas Aayssary and Mamdm-brW HostQtg 2.CO S REQUEZEMEN' IS MIS Scope Demblanent or or Rbrk Draft SEIS FL al SETS Foadatkm&Emaiovmeat Analvss z;>:; -,.,�;,.,. Popolatiao Distrilration/ t Tagus Net Dweffing Units G Employment Tames 1 z G Centm Desiffiation Urban Cedes G Mmnfarha ng CentersA I ' y G Rural Areas Rural Character TF G ' G Urban Growth Arras for Rm-al Cities Cr i G Rural Manual 3 3 TrMyortation Develop Coordiaated Los Standards A.---G i G Reassessaieut of Land Use r� a Affordable A si.o Afford"Hoasiag TF f J G &momk Development GMPC Policies for Cam"ide Role TF_ tiG G Repatut!lndustri Siting Policy .TF S ;` Urban Areas Potential Anuaatim Areas for Cities a Model hda3ocal Agreement for Potential a®aatim Arras Process for Disb�BRB _. Re&aal Finaciag Strategies S �i Deveiop CooarrOMry Management C—.t C r Systu —� OPEO Spwe Map —� Critical Critical Areas Tedaw-A Ca®ttee }—_ Smog Pabfic Capdai Facilities —� 3.MBLiC INVOLVEMENT Public hrrolvenww 4.ORD iA.NCE REn jgEMEhTS F%Cal analysis S SELS S . n c Technical Review of"Live"Study —A -G--- Areas I WA 3I' Ta4tFarne nv y y as rvr: Attachment 2 Growth Management Act Grant,1992-93 Allocations to King County Jurisdictions King County-countywide allocation S1,754,041 Base $10,000 Amount reserved for countywide efforts • (5482,000) 0212AI93 Amount for distribution among jurisdictions $1,272,041 0250 PM twit B:GMA93GRT 1992 Gran[SS Grant is Difference Jurisdiction Population Percent Base Per Capita in 1993 in 1992 1992-1993 cans : 1851 ' 0 :'.Si0,000 1113 :. 51113 ..$3f;097 19 Auburn 34,260 2.19% $10,000 20,608 $30,608 $52,098 (S21490 . auz!!ri>i; .. : ..-:: o 02 sloot)o .. 17t s�, n.. s.3ozx :.::.:..: (s .::.: 284 Bellevue 88,580 5.66% S10,o00 53,2M $63,2M $88,498 (525204 Tact Yliaauond....;;.: . f,520 Q 10°Gi .. S10,000..:. 914 310914. S3Q...... 929N. Bothell" 12,860 0 82% $9,676 7,736 $17,412 $37,371 ($1%,959 Snncu> 38.208 44% SIQ,000 Z2 983 $3Z 983 S0 �32;9Bi ........ .... ........ Carnation 1,277 0 08% $10,000 768 $10,768 $30,769 (S20,001 Glydc Bill::..' .... .. 2 984 019% SI0,000 ; 1,793 SI1,793 531;911 jS2o; 1.. Des Moines 18,170 1.16% $10,000 10,930 $20,930 $41,572 (520,642 . .- ts- SIO,000 1880 371,880 531938 (520058 Enumclaw 8,760 OS6%... ...........$10,000 5,269 $15,269 $34,899 ($19620 F46 cra ayWWI 72 350 4.62%! 410,000 43,52 $53 521 S77,002 (5z3 48I .... .. Hunts Point 515 0.03% $10000 310 $10,310 $30,262 (S19,952 Itasgnah ........... d,918 514,918 S35,I63 (S20W Kent 40,300 2.58% $10,000 24,242 S34242 $56,342 ($22,100 Y[ng Coot ty 494 373 %160% 510,000 297,380 S307,380.. .. - 5384 281 (576,901 Kirkland 41,390 2.65% $10,000 24,897 $34,897 $56,968 (522,071 LakeFomc,Puk 3535 023%i 510,000 2,i26 S1z,126 532;611 (S2{1, :. Medina 2980 0.19%i 310,000 1,793 S11793 $31,905 ($20112 =cr Isis ud 21J210 1363;' SI0,000 12 758 SZ1,758 S44 043 (S21 dton•• 710 0.05% $1,271 427 $1,696 $4,267 (Sd,569 Natmandy P..ark G 860 0.443' SI0,000 ' : 4,126 514126 534;410 (520281 North Bend 2,610 017% $10,000 1,570 $11,370 $31,652 (S20082 Pac�ttc 3,043 0 32%; S1Q,004... 3 033 513,033 S33,d31 Redmond 39,040 2.50% $10,000 23,484 $33,484 S54,883 ($21399 Rcatou g3;D90 275%.; $10,000 25,920 535,920 $58574 (522,654 .. . .. SeaTac 22,830 1.46% $10,000 13,733 523,733 S45136 (S21,403 Scituk..,..., ::'.. . 522 000 33 37%<' 310,000 313 999 5323 999 5375 033 (551;03 Skykomish 265 0.02% $10,000 159 $10,159 $30,109 ($19,950 Siuogaulmlo :.,,, I�30 0.10%;; ;510,000 420 SIO>920'.. 530;953 (StOp3.. Tukwila 14,6M 0.94% $10,000 8,812 S18,812 $39,673 ($20,861 Woodmvtllc $200 052% $l000Q ' 4,933 514,933 50.. 514,M .: Yarrow Point 965 0.06% $10,000 580 $10,580 $30,569 ($19,989 Count "de'Faads 0 548200o S332000 S15Ufl0U TotalS330947 S941,094 $1,754.041 S2290.068 553602 Grant Disfnbutiori!3f Allot aced bT,BauCus> King County 494,373 3160% $10,000 $297�380 $307,380 $384,281 ($76,901 Scattk .......:;.. ........5?2000. ;- 3337% _. . Si0,004 _..; 5313,999 S...-..4 S375A33 E 1Jd. Suburban 549,127 35 04% $466,421 S271,741 S640,662 $1196,754 (S558,092 Coun tdc Feuds 5482 000. $332,0(j0 SI50000 Total 3'364 00 100% `:S486421 S883.120 S1754.041 52290;068 $536. • Countywide a0ocatim derived by adding up estimted costs for SES(SIS2,000),public inohement(W.000)and fecal anallais($60,000) `1.5200,000 is reserved in Countywide Allocation for datf work To be didributed baud as folbws:S60,000 King County,S30,000 ME-IRO,S70,000Suburbao Cbm and W,000 for Seth Suburban Cron wiU be responsible far determining Lndmg dictn'cation fortbe M,000 in Ca tywide Allocatim br stiff work with m emphasis m providing addilonzl finds to runt cilia_ "BotbcU(96.76%)and Milton(1271%)recei.e a proportionate share of the base amount,bared on the potion of populatim in KmgCourty. NOTE: Coda to be billed per causes in 1993 inchrde meeting space and refreshmcrts,and printing cons. Attachment 3 PROPOSED GMA PROCESS GMPC Liaison Group (Open) GMPC Staff Affordable Rural FLqu SEIS Stag' Housing Character Task Force Advisory Work Task Force Task Force Group Groups LAffordable Regional ousing Financing rk Group Work Group a Transportation L j Lj Sewer WL Group/ ��; Concurrency Water Work Group LevServiceTecbniral Work Group Work Group Sroup Forum LIAISON GROUP: GMPC Staff; Open participation with core group nchiding Metro and PSRC Designated by Caucuses Balance of dam,cities, FUNCTIONS&RESPO]r UELITIF_S: geograpfacal perspectives encouraged Provide bista ncal perspective and discipimary balance in Agendas set by GMPC Staff Team GMPC process Pro" and After liaison Group review,coordinate products of staff Work iata-disaplinary tams for Groups and Task Forces,coordinate srLeduks and information mformahion and pa&cy dacmvon exbange with and between Task Faces and Work Groin. Dev&p recomm®datiom Bad ahernatives for GMPC reTiew -�7--`_7 gGMPC Sta$� and action Coordinate work of Task Forces with GMPC scbednless �R.=: GMPC Staff Lead "; Review Task Face reco®andaboas and provide t Larsen additional input to GMPC as appropriate on compatwity = of recommendations and impacts on Countywide Phmming " Brief elected officials and ensure tm ely advice to caucuses and GNl[1. 1'�ffPbyNc'1 r�cas �=5ioaldbr —$fnor7drryJr�:bslaocedaibrt�tr _ � ' 4GMPC Sluff Lead Role Coreansm bonder Commwicatw betnveen caucuses Facaaeor of Liaison Group and GINIPC Staff Team Prepares ageMdas for Ranson Group,GMPC Staff Team,and GMPC Primary staff to GMPC Forward mujorky and minority Opinions, CITY COUNCIL PLANNING COMMITTEE MINUTES MAY 18, 1993 PAGE 3 1992-93 GROWTH MANAGEMENT ACT (GMA) GRAMT - SERVICE AGREEMENT WITH KING COUNTY (F. Satterstrom) Planning Manager Fred Satterstrom reported the Growth Management Act provides funding to cities and counties that are required to plan under the Act, such as Kent. GMA funds are distributed to the City of Kent through King County. This agreement is between the City of Kent and King County for the distribution of these funds for the 1992-93 period. He explained the service agreement is an updated version of the 1991-92 agreement which the City and County signed in March 1992 . Satterstrom reported the funding level for Kent in the 1992-93 agreement is $34, 242, approximately $22 , 000 less than one year ago. He said, overall, growth management funding from the state is down 54% since funding first became available in 1990. Manager Satterstrom gave an explanation of the three attachments: Attachment 1 - Countywide Planning Policies Work Program, Attachment 2 - Funding Allocations/King County Cities, and Attachment 3 - Proposed GMA Process. Councilmember Johnson MOVED and Chair Orr SECONDED a motion to recommend approval of 1992-93 Growth Management Act (GMA) Grant Service Agreement with King County to be brought to the full council on June 1, 1993 by resolution. Motion carried. Staff was asked to call Jim Bennett to receive his approval so the item could be placed under the consent calendar. dV- Kent City Council Meeting Date June 1, 1993 Category Consent Calendar 1. SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointment of Tony Ladner to the Kent Human Services Commission. He will replace Marvin Eckfeldt, who filled the religious category and whose term expired. Mr. Ladner' s appointment will continue to January 1, 1996. 3 . EXHIBITS: Memo from Mayor Kelleher 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: $ None SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3L MEMORANDUM TO: JUDY WOODS, CITY COUNCIL ESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR -- DATE: MAY 25, 1993 SUBJECT: APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have recently appointed Mr. Tony Ladner to serve as a member of the Kent Human Services Commission. Mr. Ladner, who is a City of Kent resident, serves as Executive Director of the Renton Housing Authority, and is familiar with human service type issues through his affiliation with the Lion's Club, Salvation Army and Auburn Elks Club. Mr. Ladner is active in St.Philomena's Catholic Church and will replace Marvin Eckfeldt whose term expired. He will fill the religious category and his term will continue to 1/1/96. 1 submit this for your confirmation. DK:jb V' rb� v Kent City Council Meeting Date June 1, 1993 G Category Other Business 1. SUBJECT: 272nd/277 CORRIDOR - ROAD IMPROVEMENT AGREEMENTS/Y -indent i-t-ion 2 . SUMMARY STATEMENT: Lindental Meadows and Julie's Addition are plats abutting the 277th Corridor alignment along 116th Avenue SE. The Public Works Committee has recommended that the Public Works Director be authorized to sign the Lindental Meadows Agreement and the Julie' s Addition Agreement. By these agreements, the City would be an agent acting on behalf of the developer and the City would build a minimum road during the plat development, which would later fit into alignment with the corridor project. The Developer would pay the City the equiva- lent cost which would have been incurred had they constructed the streets in accordance with the County' s approved plat requirement. 3 . EXHIBITS: P lic Works Committee Minutes, memorandum from Pu lic Works Director, vicinity maps, and developer agr ements 4 . RECOMMENDED BY: ublic Works Committee 2-1 vote (Committee, Sta. Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL IMPACT: NO X YES FISCAL PERSONNEL N TE: Recommended Not Recommended 6. EXPENDITURE REQUIRED $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember _moved, Cauncilmember_ seconds that the Public Works Director be authorized to sign the Lindental Meadows/City Agreement upon finalizing the details therein, and that the Public Works Director be authorized to sign the Julie ' s Addition/City Agreement upon finalizing the details therein. � evAvvetl" Se-cu ,, p&J- c[arv1;-,J DISCUSSION: Wrt k AkckkA� �V r,p ACTION• TAA`V1 CA 1 Council Agen a Item No. 4A PUBLIC WORKS COMMITTEE MAY 19, 1993 _ PRESENT: DON WICKSTROM JIM BENNETT ED WHITE PAUL MANN JOHN BOND CHARLIE KIEFER TIM LaPORTE WILLIAM JOY TONY McCARTHY BILL CARLETON TOM BRUBAKER PEGGY HANIS JIM WHITE MR. & MRS . RUST 272nd 277th Corridor - 116th Ave Lindental Meadows Agreement 116th Ave/Julie ' s Addition Agreement Wickstrom stated that approximately a month ago the City had executed an agreement with the Plat of Lindental on the east side of 116th Avenue SE. He noted that the two plats being discussed tonight were on the west side across the street from Lindental . Essentially, the agreement is that they pay their share of what they would have had to pay under the county Design Standards in building the road. Committee voted 2-0 to authorize the Public Works Director to sign the 116th Avenue/Lindental Meadows Agreement and the 116th Avenue/Julie ' s Addition Agreement after the final details are completed and after signature by the owners of each respective plat. (Mann voted no. ) Rotary Sian (No one was in attendance from Rotary, so Councilman Jim White attempted to explain the facts and/or requests as best he could. ) White stated that Rotary wanted to place the traditional "Rotary" wheel and a sign indicating the day and place where their meetings are to be held. No locations were available, however, White recalled there were three or four different locations in mind. White mentioned that if the City allowed this request to one service club and the rest of the service clubs followed, that maybe the City could create something the clubs could put their emblems on. Ed White noted that John Bond had been working on several different structures that have small roofs on them and areas where several organizations could post signs or information on. Jim White stated that he would not want to see this request end up being a huge project, but wondered if there was any value in 1 DEPARTMENT OF PUBLIC WORKS April 30, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM INDENTAL MEADOWS RE: DEVELOPMENTT OF IAGREEME E' S ADDITION, L NT/2277TH STREET AT OF LCORRIDOR PROJECT There are several new plats that are in final design or construction stages that border 116th Ave. S. E. within the City' s water/sewer area but just outside of the current City limits. These process for years and developments have thus vested before the t curgrent moratorium several affect. Other such plats which have received preliminary approval from King County include Lindental, Lexington Square and Little Bend. Unfortunately, because of the timing of the plat applications and the years between them, King County BALD approved a road alignment for 116th Ave. S . E. , which was neither horizontally or vertically consistent. For example, the road right-of-way had several jogs in it and the vertical profile required of one plat was significantly different of the plat fronting the street on the opposite side. After the City Council directed Engineering staff to prepare the road establishment plans for submittal to King County last September, our staff reviewed the King County plat requirements in this vicinity. After many meetings and`much negotIation with the plat property owners and King County, a coordinated alignment of 116th Ave. was drawn with the concurrence of the County Roads Division and Building and Land Development. This coordinated alignment will allow the 277th Street Corridor Project to be built with essentially no reconstruction or removal of the plat improvements. If this was not coordinated and each plat owner built their portion of 116th Ave. , it would all end up being torn up and completely reconstructed when the Corridor was built. In summary, this agreement for the coordinated road provides the County and the City with the option of widening and overlaying the road ' in the future with very minimal reconstruction costs and eliminates the possibility of having to tear up and remove the newly constructed improvements. The key points of the agreement are as follows: o The plat owners will have their engineer redesign the plans for a coordinated 116th Ave. alignment. o The owners will pay the City the costs for the 116th Ave. S.E. road improvements fronting their plat that they would have had to pay on their own. Then the City will build the coordinated road for them. o The City will pay the additional costs of the higher road alignment with the wider shoulders. Action requested: Authorize the Pubic Works Director to sign the agreement with the owners of the plat of Julie' s Addition and the plat of Lindental Meadows after agreement details are completed and after signature by the owners of each respective plat. D257 THIS AGREEMENT is made and entered into this day of 19 by and between the City of Kent, a Washington municipal corporation ("City") , and ( "Owners") , who are the owners and "developers of certain real property located in unincorporated King County, Washington ("Lindental Meadows") , which property is legally described in Exhibit A attached hereto and incorporated herein by this reference. D °WITNESSETH Y,t"CC I WHEREAS , Owners received preliminary plat approval for their proposed subdivision from King County Building and Land Development ("County" ) on or about 19_; and WHEREAS , as a condition to receiving final approval from King County, the County required Owners to dedicate a portion of their property for a southerly extension of 116th Street SE along the East border of their property, which street extension is described in the proposed Plat of Lindental Meadows ; and WHEREAS, this same condition also required Owners to improve the 116th Street SE extension to County standards; and WHEREAS, the City has plans to construct a roadway (the 11272/277 Corridor") in -King County that will encompass the same alignment of 116th- Street SE that the County required the Owners to dedicate and improve; and WHEREAS , the County' s road improvement requirements for 116th Avenue S . E. where originally designed for a minor access street with a low speed limit; and LINDENTAL MEADOWS/277 CORRIDOR CONTRACT--Page 1 of 6 WHEREAS, the city has planned its 272/277 Corridor to accommodate a forty-five (45) mile per hour design speed; and WHEREAS, the City, the Owners and the County all agree that the least disruptive and most cost efficient approach to developing the 116th Street SE extension would be to construct the extension in a manner and at a .grade consistent with the City Is design , standards for the 272/277 Corridor; and t WHEREAS, the City has agreed to pay for those SE 116th Street extension improvements, to the extent they exceed the requirements o of the Owner' s approved 116th road plan, that will enable the street to be built in a manner and at a grade consistent with the city ' s 272/277 Corridor design standards ; and WHEREAS, the City, as a financial participant, must adhere to local and state laws pertaining to public works projects ; and WHEREAS , the Owners and the City have determined that the Owners will prepare construction plans and obtain permits and approvals for the 116th Street SE project; and WHEREAS , the Owners and the City have determined that the City, because of its familiarity with applicable public works laws, ordinances and regulations, should administer and construct the 116th Street SE extension project and should have the authority to act for the Owners and make decisions for the Owners subject to the terms and conditions expressed below. NOW, THEREFORE, the parties agree as follows : AGREEMENT 1 . Scope of Work. The scope of work contemplated for this project to construct an extension of SE 1.16th Street from the north LINDENTAL MEADOWS/2T7 CORRIDOR CONTRACT--Page 2 of 6 border of the proposed Plat of Lindental Meadows to its south y JA 0 LJ v` border is -dese-r b-ed" in Exhibit C, which is attached hereto an incorporated herein by this reference . 2 , Contract Administration. (a) The City shall be responsible for the 116th Street SE extension contract drawings, a plans, specifications, estimates, contract documents, studies and all other necessary documents. The City shall advertise the project for public bids and the City shall enter ` into a construction contract between the City and the lowest responsible bidder. The contract shall be administered under the direction of the City and at the expense of the City and the Owners in the manner and in the amounts hereinafter set forth in this agreement. (b) All plans, drawings, specifications, estimates of costs, contract documents and special provisions for the project work, including any amendments thereto, shall be subject to the prior written approval of the parties as set forth in this agreement. 3 . Construction. (a) The City shall construct or cause to be constructed the project in accordance with the plans, drawings, specifications and special provisions referred to above. All construction costs , as well as the performance of all other work required in connection with the project, shall be paid for by the City and Owners in the manner and in the proportions hereinafter set forth in this agreement. (b) To the extent allowed by applicable law or ordinance, all plans and contracts relating to this agreement shall be subject to the approval of the parties . LINDENTAL MEADOWS/277 CORRIDOR CONTRACT--Page 3 of 6 (c) The construction contract shall be limited to a maximum of sixty (60) working days after issuance of the Notice to Proceed. 4 . Costs and Expenses. The costs and expenses of the project construction shall be based on the quantities set forth iqo Exhibit D, attached hereto and incorporated herein by reference; actual unit prices shall be determined upon award of then project bid to the lowest responsible bidder. The determination o6 project construction costs and expenses , upon award to the lowest o responsible bidder, shall also determine the total amounts to be paid by the Owner for project construction, and the Owner shall not L—J be liable for any amounts in excess of those determined costs and expenses. 5. Permits and Approvals . The - owners shall obtain all necessary permits and other approvals from the county and all other regulatory agencies with jurisdiction over the project. 6 . Easements and Property Acquisition. The Owners agree to dedicate, by separate document in a form to be approved by the city, a ten foot (10 ' ) wide strip of property for right-of-way along 116th Street SE as described in Exhibit B, which is attached hereto and incorporated herein by this reference. 7 . Indemnification. (a) Each party shall defend, indemnify and hold the other party harmless from any and all claims, injuries, damages , losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement to the extent such claim, injury, loss or suit is attributable to the comparative fault or negligence of that party. (b) The provisions of this ;ection shall survive the expiration or termination of this Agreement . LINDENTAL MEADOWS/277 CORRIDOR CONTRACT--Page 4 of 6 g . Records . The City shall keep detailed records during the performance of the contract work and all applicable warranty periods that substantiate all project costs and shall make them available to Owners, during regular business hours, in the event that Owners should request to audit the project. --� agreement shall be uc g . Disputes/Applicable Law. This ` construed and interpreted in accordance with the laws of the State a— of Washington. In the event of any dispute between the parties `tom herein which cannot first be settled by the decision of the City, both parties agree to resolve such dispute exclusively under the jurisdiction, venue and rules of the Superior Court of King County, Washington. 10 . Severability. If any term, provision, condition or other portion of this agreement, or its application to any person, is held to be inoperative, invalid or void, then the same shall not affect any other term, provision, condition or other portion of this agreement or its application to any person. 11. Notices . All notices given by either party to the other party shall be in writing and may either be delivered personally or may be deposited in the United States Mail , postage prepaid, Certified mail , addressed as specified in the signature page hereof, or to such other respective addresses that either party may from time to time designate in writing. Notices sent by mail shall be deemed to have been delivered whenproperly mailed; the postmark affixed by the United States Post office shall be conclusive evidence of the date of mailing . If delivered by mail , an additional three (3 ) post office business days shall be added to any applicable notice period. (Signature Page on following page. ) LINDENTAL MEADDWS/277 CORRIDOR CONTRACT--Page 5 of 6 IN WITNESS WHEREOF the parties hereto have caused this the day and year first hereinabove agreement to be executed written. APR 1 4 10^3 CITY OF KENT OWNER(S)� by DON E. WICKSTROM - Public Works Director NOTICES SHALL BE DELIVERED TO: City of Kent - - Director of Public Works 220 Fourth Avenue South Kent, Washington 98032-5895 APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney PUBPRIVK;mdN - LINDENTAL MEADOWS/277 CORRIDOR CONTRACT--page 6 of 6 EXHIBIT "A" LEGAL DESCRIPTION PLAT OF LINDENTAL MEADOWS The South half of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 29 , Township 22 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion thereof deeded to King County for road; AND EXCEPTALSO he South 100 feet of tion of the West 130 feet of said Section 29 ; Tract 10, unrecorded plat of the East half of the Southeast quarter and portion of South half of Northeast quarter of Section 29 , Township 22 North, Range 5 East, W.M. , in King County, Washington) EXHIBIT "B" LEGAL DESCRIPTION PLAT OF LINDENTAL MEADOWS RIGHT-OF-WAY FOR 116TH AVENUE S.E. The West 18 feet of the East 38 feet of the South half of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 29 , Township 22 North, Range 5 East, W.M. , in King County, Washington. p o \ O N N \ O p C'' S o .r\, to W aLn no �J 1 J 'r3 es:.Q" a a u a \ IW I I I z +3 \\\\ I p Iln \ \ w � X W N WI w 'o w '1 :In o ¢ 0 81 z R a I R w I � ~ \ i I 4 �a • I Y Z o3F I II R z O 00 rn o w a- =V r S n x J wa c- Ion (j 0 W Z - �— Q 0 --------------` 4 O p o : o' Id z Q' — — 2-7 --- J --� /---- I.90 ;! w w z = (n O W v F I— �.e,_ Q y zr I $ J _� X ¢Qa OF— tL-/ I . I O —Z . . L I I U ;, Him-9Z,--'3'S ° 0 0 v O Q -- z c 0 -- t N I a + yw� n 00 O R��1 0 n ro o M •, N O II \ � I � \ I EXIMIT 1101 ®RAFT ,-P2 1 !'� 19,93 CONSTRUCTION COST ESTIMATE FOR 116TH AVE S.E. FOR PLAT OF LINDENTAL MEADOWS The following cost estimate is based on a 40mph design speed and the previous- planned improvement approved by King County: Item Estimated Estimated No. Description Quantity Unit Price* Cost 1 Gravel Borrow 1100 tons 8 . 00 $8, 800 2 Crushed Surfacing 450 tons 12 . 00 51400 3 A.C. Pavement Cl. "B" 120 tons 35 . 00 41200 4 Unsuitable Foundation 800 C.Y. 8 . 00 61400 Excavation 5 Raise Sanitary Manholes to Grade 16 l . f. 100 . 00 11600 6 Hydroseeding, Fertilizing and 15000 Mulching - 1500 s . f. 0 . 05 750 Subtotal Construction $27 , 150 7 Construction staking for 116th Ave. S . E. 1, 750 Total $281900 * Unit prices are estimated. Actual costs shall be based on the lowest responsible bid. The estimated prices listed above shall be used for any items which are not included in the construction contract. The Owner agrees to pay the City the ' full amount of the actual construction costs based on the quantity f igures above and the unit bid prices of the lowest responsible bidder . For items which will not be bid for the City interim road section, the Owner agrees to pay the cost shown above for the quantities listed, for each of these items . The Owner agrees to pay the total of this amount (which shall be re-calculated after bid opening using the actual bid prices) within 2 weeks after notification of the final amount by the City. For purposes of this agreement the following constitutes definitions of the listed bid items: - Exhibit "D Cont ' d AFT l anla f1� \ � '�f f'J V`J 1-. Gravel Borrow: Supply and compaction of imported bankrun material meeting City Standard Specification Section 4-02 compacted to 95% of the maximum dry density including hauling and watering. 2 . Crushed surfacing: Supply and compaction of crushed surfacing top course and base course meeting Section 9- 03 . 9 (3) of the 1991 WSDOT/APWA Standard Specifications compacted to 95% of the maximum dry density. 3 . A.C. Pavement, Class "B" : The grade of paving asphalt shall be AR-4000 . Tack coat shall be Emulsified Asphalt SS-1. Paving work shall meet the requirements of Section 5-04 . 3 of the 1991 WSDOT/APWA Standard Specifications. 4 . Unsuitable foundation excavation: This item shall include excavating loading, and disposing of the material . 5 . Raise Sanitary Sewer Manholes to Grade: Excavate and remove existing manhole cone, ring and cover. Install precast riser sections, reinstall the cone, ring and cover and adjust manhole to finish grade. See WSDOT Standard Plan B-23a for details . 6 . Aydroseeding, Fertilizing and Mulching: Reference Section s-01. 3 of the Kent Standard Specifications for work included in this item. THIS AGREEMENT is made and entered into this day of , 19 by and between the City of Kent, a Washington municipal corporation ( "City" ) , and ( "Owners" ) , who are the owners and developers of certain real property located in unincorporated King county, Washington ( "Julie ' s Addition") , which property is legally described in Exhibit A attached hereto and incorporated herein by this reference. WITNESSETH WHEREAS, Owners received preliminary plat approval for their proposed subdivision from King County Building and Land Development ("County") on or about , 19_; and WHEREAS, as a condition to receiving final approval from King County, the County required Owners to dedicate a portion of their property for a southerly extension of 116th Street SE along the East border of their property, which street extension is described in the proposed Plat of Julie ' s Addition; and WHEREAS, this same condition also required Owners to improve the 116th Street SE extension to County standards; and WHEREAS , the City has plans to construct a roadway (the 11272/277 Corridor") in King County that will encompass the same alignment of 116th Street SE that the County required the Owners to dedicate and improve; and WHEREAS, the County ' s road improvement requirements for 116th Avenue S . E. where originally designed for a minor access street with a low speed limit; and JULIE-S ADD'N/277 CORRIDOR CONTRACT--Page 1 of 6 WHEREAS , the City has planned its 272/277 Corridor to accommodate a forty-five (45) mile per hour design speed; and WHEREAS, the City, the Owners and the County all agree that the least disruptive and most cost efficient approach to developing the 116th Street SE extension would be to construct the extension in a manner and at a grade consistent with the City' s design r) P-11-1 standards for the 272/277 Corridor; and WHEREAS, the City has agreed to pay for those SE 116th Street extension improvements, to the extent they exceed the requirements of the Owner' s approved 116th road plan, that will enable the street to be built in a manner and at a grade consistent with the City' s 272/277 Corridor design standards ; and WHEREAS , the City, as a financial participant, must adhere to local and state laws pertaining to public works projects ; and WHEREAS , the Owners and the City have determined that the Owners will prepare construction plans and obtain permits and approvals for the 116th Street SE project; and WHEREAS, the Owners and the City have determined that the City, because of its familiarity with applicable public works laws , ordinances and regulations, should administer and construct the 116th Street SE extension project and should have the authority to act for the Owners and make decisions for the Owners subject to the terms and conditions expressed below. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1 . Scope of Work. The scope of work contemplated for this project to construct an extension of SE 116th Street from the north JULIE'S ADD-N/277 CORRIDOR CONTRACT--Page 2 of 6 r border of the proposed Plat of Julie' s Addition to its south border is :�devcribcRd'" in Exhibit B, which is attached hereto and incorporated herein by this reference. 2 . Contract Administration. (a) The City shall be responsible for the 116th Street SE extension contract drawings, plans, specifications, estimates, contract documents, studies and all other necessary documents. The City shall advertise the project for public bids and the City shall enter into aC" : construction contract between the City and the 'lowest responsible bidder. The contract shall be administered. under the direction ofc 7 the City and at the expense of the City and the Owners in the` manner and in the amounts hereinafter set forth in this agreement. (b) All plans, drawings, specifications, estimates of costs, contract documents and special provisions for the project work, including any amendments thereto, shall be subject to the prior written approval of the parties as set forth in this agreement. 3 . Construction. (a) The City shall construct or cause to be constructed the project in accordance with the plans, drawings, specifications and special provisions referred to above. All construction costs, as well as the performance of all other work required in connection with the project, shall be paid for by the City and Owners in the manner and in the proportions hereinafter set forth in this agreement. (b) To the extent allowed by applicable law or ordinance, all plans and contracts relating to this agreement shall be subject to the approval of the parties. JULIE'S ADD'N/277 CORRIDOR CONTRACT--Page 3 of 6 (c) The construction contract shall be limited to a maximum of sixty (60) working days after issuance of the Notice to Proceed. 4 . Costs and Expenses. The costs and .expenses of the G� project construction shall be based on the quantities set forth in T> Exhibit C, attached hereto and incorporated herein by this rJ' u-) reference; actual unit prices shall be determined upon award of the o project bid to the lowest responsible bidder. The determination ofQ project construction costs and expenses, upon award to the lowest'"_ responsible bidder, shall also determine the total amounts to be paid by the .Owner for project construction, and the Owner shall not be liable for any amounts in excess of those determined costs and expenses. 5. Permits and Approvals . The Owners shall obtain all necessary permits and other approvals from the County and all other regulatory agencies with jurisdiction over the project. 6 . Indemnification. (a) Each party shall defend, indemnify and hold the other party harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement to the extent such claim, injury, loss or suit is attributable to the comparative fault or negligence of that party. (b) The provisions of this section shall survive the expiration or termination of this Agreement. 7 . Records. The City shall keep detailed records during the performance of the contract work and all applicable warranty periods that substantiate all project costs and shall make them JULIE'S ADD'N/277 CORRIDOR CONTRACT--Page 4 of 6 available to Owners, during regular business hours, in the event that Owners should request to audit the project. 8 . Disputes/Applicable Law. This agreement shall be construed and interpreted in accordance with the laws of the State LJ— of Washington. In the event of any dispute between the parties herein which cannot first be settled by the decision of the City, d both parties agree to resolve such dispute exclusively under the L =�3 jurisdiction, venue and rules of the Superior Court of King County, v Washington. GL 9 . Severability. If any term, provision, condition or other portion of this agreement, or its application to any person, is held to be inoperative, invalid or void, then the same shall not affect any other term, provision, condition or other portion of this agreement or its application to any person. 10 . Notices. All notices given by either party to the other party shall be in writing and may either be delivered personally or may be deposited in the United States Mail , postage prepaid, Certified mail , addressed as specified in the signature page hereof, or to such other respective addresses that either party may from time to time designate in writing. Notices sent by mail shall be deemed to have been delivered .when properly mailed; the postmark affixed -by the United States post Office shall be conclusive evidence of the date of mailing. If delivered by mail, an additional three (3 ) post office business days shall be added to any applicable notice period. (Signature Page on following page. ) JULIP S ADD'N/277 CORRIDOR CONTRACT--Page 5 of 6 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove cfl C" written. G -a CITY OF KENT OWNER(S) 0 by DON E. WICKSTROM — Public Works Director NOTICES SHALL BE DELIVERED TO: City of Kent - Director of Public Works - 220 Fourth Avenue South - Kent, Washington 98032-5895 APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney PUBPRIVK.juL JULIE'S ADD'N/277 CORRIDOR CONTRACT--Page 6 of 6 - -- EXHIBIT "A" LEGAL DESCRIPTION PLAT OF JULIE' S ADDITION The North half of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 29 , Township 22 North, Range 5 East, W.M. , in King County; Washington; F,XCEPT that portion thereof deeded to King County for road. (ALSO KNOWN AS portion of Tract 9 , unrecorded plat of the East half of the southeast quarter and portion of South half of Northeast quarter of Section 29 , Township 22 North, Range 5 East, W.M. in King County, Washington. ) f= yW uco Ny, � u T ti m O m cc O v y� N yl N 0137 os SSE. 2P6TH )ST. -- - c�5 S.E.--26 5-TH Pt:— o M >' o � D I D n D x A Z x 1� --�J �J O m rnrn m D usl I' 1 ----' -- -- T COD CD 0 D003 S. r� zli o> o z � o z z � I , � I - �•. � Y i L— IT, c r4,; In Cz oi6 m �aSS I N I I A O T O MI O Z Ot � = x Z 1 I NT ' a' O O J\ fX R = o S 1Y r eIV r o�� (SR�jy 5 f Npt.�1 0 �, DRAFT EXIMIT 11c" APR !i j -9a3 CONSTRUCTION COST ESTIMATE FOR 116TH AVE S .E. FOR PLAT OF JULIE' S ADDITION The following cost estimate is based on a 40mph design speed and the previous planned improvement approved by King County: Item Estimated ' Estimated No. Description Quantity Unit Price* Cost 1 Gravel Borrow 5200 tons 8 . 00 $41, 600 2 Crushed Surfacing 450 tons 12 . 00 5, 400 3 A. C. Pavement Cl . "B" 120 tons 35 . 00 4 , 200 4 36" CMP Culvert 15 l . f . 70 . 00 1, 050 5 Raise Sanitary MHs 7 1 . f 100 . 00 700 6 Raise 12" Water Main (Where >6 ' Depth) 245 l . f. 30 . 00 7 , 350 7 Raise 8" Force Main 245 l . f . 20 . 00 4 , 900 (Where >6 ' Depth) 8 Hydroseeding 15 , 000 s . f . _0--1-0- o, a --1-,-500- Subtotal Construction $661-700 Io �9' Construction staking for 116th Ave. S . E. 1, 750 Total $681450 * Unit prices are estimated. Actual costs shall be based on the lowest responsible bid. The estimated prices listed above shall be used for any items which are not included in the construction contract. The Owner agrees to pay the City the full amount of the actual construction costs based on the quantity figures above and the unit bid prices of the lowest responsible bidder. For items which will not be bid for the City interim road section, the Owner agrees to pay the cost shown above for the quantities listed, for each of these items . The Owner agrees to pay the total of this amount (which shall be re-calculated after bid opening using the actual bid prices) within 2 weeks after notification of the final amount by the City. Exhibit "C" Cont 'd DRAFT For purposes of this agreement the following constitutes definitions of the listed bid items : 1. Gravel Borrow: Supply and compaction of imported bankrun material meeting City Standard Specification Section 4-02 compacted to 95% of the maximum dry density including hauling and watering. 2 . Crushed surfacing: Supply and compaction of crushed surfacing top course and base course meeting section 9- 03 . 9 (3) of the 1991 WSDOT/APWA Standard specifications compacted to 95% of the maximum dry density. _ 3 . A. C. Pavement, Class "B" : The grade of paving asphalt -shall be AR-4000 . Tack coat shall be Emulsified Asphalt SS-1. Paving work shall meet the requirements of Section 5-04 . 3 of the 1991 WSDOT/APWA Standard Specifications. 4 . 36" CMP Culvert: Furnish and install corrugated steel culvert pipe, gage to be determined by design engineer. The pipe shall be coated with protective treatment 1 . Pipe and treatment shall meet the requirements of Section 9-05 . 4 of the 1991 WSDOT/APWA Standard Specifications. � C Kent City Council Meeting Date June 1, 1993 1 Category Bids 1. SUBJECT: HIGHWAY PAINT STRIPER 2 . SUMMARY STATEMENT: The bid opening was held on May 5th with five bids received. The low bid was submitted by Municipal Machinery in the amount of $28, 536. 00. The Public Works Committee has recommended that this contract be awarded to Municipal Machinery. 3 . EXHIBITS: Public Works Minutes and memorandum from Public Works Director 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: f� � /� . Councilmember moves, Councilmember VUD-Od seconds that the contract for Highway Paint Striper be awarded to Municipal Machinery in the amount of $28, 536 . 00. DISCUSSION: _ ACTION• Council Agenda Item No. 5A at 228th & 84th & SR167 Ramps - Acceptance Traffic Signal Remodel Wickstrom noted that the original bid was below bid limits, so the City solicited for proposals from contractors. 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, Councilman White noted that he had read the information submitted and it was fine. Highway Paint Striper - Bid Accepted Committee unanimously recommended this bid be accepted and contract awarded to Municipal Machinery for $28 , 536 . 00 . Meeting adjourned at 6 : 36 PM. 7 DEPARTMENT OF PUBLIC WORKS May 19, 1993 To: Public Works Comm- ttee From: Don Wickstrom, Director of Public Works Re: Highway Paint Striper Bid opening was held May 5 , 1993 with five bids received. The low bid was submitted by Municipal Machinery, Inc. in the amount of $28 , 536 . 00 . BID SUMMARY Municipal Machinery $ 28 , 536 . 00 Morton International 30 , 493 . 00 M. B. Companies 32 , 200 . 00 EZ Liner Industries 32 , 935 . 00 Sahlberg Construction Equipment 41, 900 . 00 Equipment Rental ' s Estimate $ 37,514.86 ACTION: Recommend this bid be accepted and contract awarded to Municipal Machinery. MEMORANDUM DATE: May 19th, 1993 TO: Don Wickstrom, Public Works ector / FROM: Jack Spencer, Fleet ManagerQZc� +C �[/ THRU: Tim Heydon, Operations Mana r SUBJECT' Bid Results for New Highway Pain Striper On May 5th, 1993 , Equipment Rental received bids for a Palletized Paint Striper to replace Unit #153 . This was approved in the 1992 Budget and the funds were carried over until 1993 . The Capital Outlay is enclosed. The bid results, not including tax, are listed below: 1. Morton International Morton Highway Marker $27, 900 . 00 00 Salem, Oregon- 97302 opt #2 polew gun comm 450 . 00 503-364-2909 p 825 Opt #3-footage counter 1, 318 . 00 $30, 493 . 00 00 2 . EZ Liner Industries EZ Liner Paint Striper $29 ' 5225 . 00 Orange City, Iowa opt #2 410. 00 712-737-4016 Opt #3 2 , 500 . 00 $32 , 935 . 00 3 . M. B. Companies M. B. Model H. P. 320 $32 , 200 . 00 1-800-558-5800 No Bid Bond Received 4 . Municipal Machinery EZ Liner Model AL1202 $25, 636. 00 Boise, Idaho 83704 opt #2 450 . 00 350 . 00 208-322-4800 Opt #3 2 , 100 . 00 $28 , 536 . 00 5 . Sahlberg Construction M. B. Company $39 , 587 . 50 Equipment _ Pavement Marker Opt #1 937 . 50 Kent, Washington 1, 375. 00 Opt pt #2 Standard Opt #3 $41, 900. 00 I recommend we award the bid to Municipal Machinery, Inc. of Boise, Idaho, the lowest bidder. We have had a demonstrator model of this machine at our shop for inspection and it meets all of our requirements. JS/map B:ER012 jt ry J�t.t.n CITY OF KENT 1992 APPROVED CAPITAL OUTLAY PURCHASE FORM ACCOUNT # 510-48E-5548-6400 EQUIPMENT RENTAL 1 . DESCRIPTION OF ITEM(S) APPROVED: APPROVED AMT: REPLACEMENT VEHICLE ' 49,711.00 #153 - 1976 UNIMASCO PAINT MACHINE Psi° po ID( 1�6 r i2�1�1l0,1� c �P tru�K P' '�' ' 37 51il. &(o 2• REQUEST TO USE BUDGET FOR ALTERNATE ITEM: EXPLANATION: 3. ESTIMATED USEFUL. LIFE: — 4. ESTIMATED SALVAGE VALUE: 5. ADDITIONAL INFORMATION (REMARKS) APPROVAL: PREPARED BY: PRISCILLq SHEA. .k �� ►V � - DATE:_1/21/92_ DEPARTMENT HEAD: `U �"''ti�'d " J DATE: 1 �� �' CITY ADMINISTRATOR DATE: ATTACH ORIGINAL PLUS ONE COPY TO PURCHASE ORDER. CONTINUED COMMUNICATIONS A. MCCARTHY,TONY / KENT70/AD - HPDesk print. ----------------------------------------- Subject: 6/1 ADMINISTRATIVE REPORT Creator: Tony MCCARTHY / KENT70/AD Dated: 01/06/93 at 0949 . TO: MAYOR KELLEHER, COUNCIL PRESIDENT WOODS AND COUNCIL MEMBERS THE GOLF CONTRACT WITH KEITH SANDEN AND SSMD WAS SIGNED ON MAY 26TH SUBJECT TO AN INVENTORY COUNT ON JUNE 1ST THAT WILL DETERMINE THE FINAL BUYOUT AMOUNT. SSMD HAS SELECTED 19 OF THE 32 CITY GOLF EMPLOYEES WHO WANTED INTERVIEWS TO BE PART OF THEIR TEAM. THE CITY HAS BEEN ABLE TO FIND POSITIONS FOR 3 OF THE 8 FULL AND REGULAR PART TIME EMPLOYEES AFFECTED BY THE TRANSITION. THE NON SELECTED EMPLOYEES WILL RECEIVE A ONE MONTH SEVERANCE PACKAGE. THE GOLF MAINATENANCE SUPERINTENDENT HIRING PROCESS IS CONTINUING FOLLOWING A MEETING LAST WEEK WITH THE NORTHWEST MAINTENANCE ASSOCIATION WHO WILL ASSIST US IN OBTAINING SOME NORTHWEST APPLICANTS . AS A FINAL NOTE, I HAVE ASKED KEITH SANDEN TO ATTEND ALL PARK COMMITTEE MEETINGS TO KEEP THE COUNCIL INFORMED ON THE OPERATION. WITH THE COUNCIL DECISION FOR ONE ORGANIZATION FOR THE PERMIT PROCESS ON MAY 18TH, ADMINISTRATION BEGAN A SEARCH FOR AN INTERIM DIRECTOR. FIVE PEOPLE WERE INTERVIEWED ON MAY 26TH. AN APPOINTMENT MAY BE ANNOUNCED AT THE 6/1 MEETING PENDING REFERENCE CHECKING AND CONTRACT NEGOTIATION. IT IS ANTICIPATED THAT THE DIRECTOR WILL PERFORM IN A CONSULTING CAPACITY WITH THE TOP PRIORITY BEING GETTING THE BACKLOG OUT AND ENHANCING CUSTOMER SERVICE. OVER THE LIFE OF THE PROJECT, THE CONSULTANT WILL ASSIST IN DEVELOPING A PERMIT TRACKING SYSTEM AND IN DEFINING THE LONG TERM DIRECTION OF THE PERMIT PROCESS. WHILE CONSULTANT CONTRACT IS PROCEEDING, THE CITY WILL BE LOOKING AT BEGINNING ThE PROCESS FOR A PERMANENT RECRUITMENT. UPCOMING EVENTS 7/16-18 CORNUCOPIA / BALLOON CLASSIC 7/30 LAST DAY TO FILE RESOLUTION/ORDINANCE FOR 9/17 ELECTION 8/21-22 MILL CRK CANTERBURY FAIRE 9/17 LAST DAY TO FILE RESOLUTION/ORDINANCE FOR 11/2 ELECTION 11/18 SNR CNTR 8TH ANNUAL TOWN HALL MEETING 12/4 WINTERFEST PARADE & HOLIDAY LIGHTING CEREMONY KENT BOARD OF ADJUSTMENT MINUTES May 3 , 1993 The scheduled meeting of the Kent Board of Adjustment was called to order by Chair Jack Cosby on the evening of Monday, May 3 , 1993 at 7 p.m. in Chambers West, Kent City Hall. BOARD OF ADJUSTMENT MEMBERS: Jack Cosby, Chair Berne Biteman, Vice Chair Walter Flue Ron Banister, excused CITY STAFF MEMBERS: James P. Harris, Planning Director Curt Ryser, Planner Lois Ricketts, Recording Secretary APPROVAL OF THE BOARD OF ADJUSTMENT MINUTES A motion was made and seconded to approve the minutes of the February 1 , 1993 meeting as written. Motion carried. CERTIFICATE OF APPOINTMENT Chair Cosby presented the Certificate of Appointment to Mr. Biteman. Chair Cosby administered the oath to all who intended to speak. DPK INCORPORATED -- ELIMINATE ASPHALT PAVING #V-93-1 Curt Ryser presented the request for a variance from Section 15 . 05 . 090 (C) of the Kent Zoning Code which requires that all vehicular maneuvering and storage areas be paved with asphalt or equivalent material approved by the City Engineer. The subject property is located at 7829 South 206th Street in the M2 zoning district and is 2 . 4 acres in size. Curt Ryser reviewed the three criteria required in order to grant a variance and presented the following comments: 1. Approval of this variance would not constitute a grant of special privileges for DPK Incorporated as the use of a gravel surface in accordance with the conditions specified by the City Engineer meet the intent of the Kent City Code which are based in part on the goals, objectives and policies of the City-wide Comprehensive Plan. Kent Board of Adjustment Minutes May 3 , 1993 2 . Due to the type of equipment and materials to be stored on this site, the use of a gravel surface is more appropriate as it will meet the intent of the Kent Zoning Code and is potentially less damaging to the equipment and supplies stored on-site. 3 . The proposed variance, with the recommended conditions, will benefit public welfare by reducing air and water pollution in the City of Kent. Staff recommended approval of the variance request with the following conditions: 1 . The unpaved portion of the site must have a crushed rock surface with an engineered base section structurally designed to support the vehicle and equipment loads proposed for the area. A geotechnical report shall be prepared by a professional engineer which establishes the structural section necessary to support the use by heavy construction equipment and vehicles. 2 . The proposed gravel storage area shall not be used for any type of maintenance activity on the equipment or vehicles that could result in having oil , lubricant, solvent or other materials potentially contaminating the groundwater or surface water systems. Any leaks from equipment during storage shall be controlled by use of an appropriate absorbent material. Best management practices shall be used to control potential water quality impacts in accordance with the Department of Ecology stormwater manual. A motion was made and seconded to approve the variance request with the two conditions presented in the staff report. Motion carried. The meeting was adjourned at 7 : 17 p. m. Respectfully submitted, /14�9 - J me P. Harris, Secretary 2 BUDGET COMMITTEE MEETING May 24, 1993 PRESENT: Jon Johnson - Chair, Leona Orr, Jim White, Tony McCarthy, Roger Lubovich, Dave Haenel, May Miller, Cliff Craig, Chief Angelo, Barney Wilson, Ramona Valdez, Alana McIalwain, Becky Fowler, Sue Viseth, and Jean Parietti. Chairman Johnson called the meeting to order at 4:05 p.m. APRIL FINANCIAL REPORT Acting Finance Director Miller distributed the April Financial Report with Status of Vacant Positions for the period ending April 30, 1993, and reviewed the report with the Committee. Miller also noted that the Department Heads have been told today that the financial forecast for the 1994 budget looks like a "hold the line" type of budget. McCarthy informed the Committee that the Department Heads have begun the process for the 1994 budget but that a Council Workshop might be requested for the first of August to let the Council know what the City's financial status is and what, if anything, can be included in the new budget. MUNICIPAL COURT - BUDGET FOR SETUP City Attorney Lubovich explained that $250,000 has been set aside in the 1994 C.I.P. for remodeling and improvements to establish a municipal court. He noted, however, that the municipal court must be established at the beginning of the calendar year, and that the 1994 C.I.P. would not be timely for a January 1, 1994 start-up date. Lubovich stated that the request before the committee today is for consideration of a proposal to utilize budgeted but unreserved 1993 C.I.P. funds for 1994 should the Council approve the implementation plan. ORR MOVED approval of$250,000 from the unreserved 1993 C.I.P., for establishment of a municipal court, with a plan for the cost savings to be transferred back into the C.I.P. fund up to the amount used. White seconded and the motion carried 3-0. Lubovich noted that this item will be sent to the Public Safety Committee meeting on June 7th and to the full Council on June 15th under Other Business. UNFUNDED FEDERAL MANDATES White noted that he had requested the City Attorney's Office to prepare a resolution for this item. He explained that this item comes out of the Nation Cities Weekly magazine which requests additional political pressure with a copy sent to each one of our Congressional Delegates. He noted that it deals with unfunded federal mandates which cities are always faced with, and the need to continue to express concerns over federal and state pushing mandates but never providing the funding to achieve the mandates. WHITE MOVED approval of this resolution. Orr seconded and the motion carried 3-0. Johnson clarified that this will be added to the June 1st Council Meeting under Consent Calendar. The meeting adjourned at 5:00 p.m. Parks Committee Minutes May 11 , 1993 Councilmembers Present: Christi Houser and Paul Mann. Staff Present: Tony McCarthy, Barney Wilson, Tom Brubaker, May Miller, Cheryl Fraser, Julie Stangle, Grady Kizziar, Alana McIalwain, Patrice Thorell , and Sue Viseth. Others Present: Sue Rahr, King County Police Department, and Diane Lewis, Project Lighthouse. RESOLUTION AUTHORIZING APPLICATION FOR METRO SHORELINE IMPROVEMENT GRANT FUNDS and RESOLUTION AUTHORIZING APPLICATION FOR KING COUNTY CONSERVATION FUTURES FUNDING These are two resolutions which allow the Parks Department to apply for outside funding. Barney Wilson explained that the Public Works Department is working with the Parks Department on the Upper Mill Creek project, as they are also interested in the City acquiring the property. The Parks Department has entered into these resolutions before with funding agencies. Wilson said that if there are any questions regarding the projects, Helen Wickstrom will be available at the Council meeting when they are presented. In response to Tony McCarthy's concern, Wilson said there are no City matching funds required. In fact, for one of the projects, the Parks Department is using one grant as a matching fund for the other funding source. Councilmember Mann moved to pass the two resolutions on to full Council for action. Councilmember Houser seconded the motion. The motion passed 2-0.* YOUTH CENTER - PLANNING AND DESIGN - RFP Cheryl Fraser explained that the Parks Committee, at its last meeting, requested that the RFP be refined to include the environmental issue, and to not include a dollar figure but rather seek letters of intent from architects. Then an architect could be selected, with the final selection brought to Parks Committee for approval at which time a dollar amount could be added. Fraser then presented the updated version of the RFP. Tom Brubaker recommended that the RFP be further amended to move the personnel section to another area of the document. Councilmember Mann moved to adopt the Youth Center Planning and Design RFP with changes recommended by the City Attorney's office. Councilmember Houser seconded the motion. The motion passed 2-0.* 2 RESOLUTION IN SUPPORT OF PROJECT LIGHTHOUSE AND A KENT YOUTH CENTER At Councilmember Mann's request, Cheryl Fraser helped put together a resolution that would draw together Project Lighthouse and the Council 's agenda with regard to a youth facility. Councilmember Mann explained that the Lighthouse project focusecenters on a teenHe said hec cfeels theenter reas the resolutiono addressesoncept is for a total bringing the two togetherth Councilmember Mann then read the resolution. He stated that Project Lighthouse is in the process of applying for grants, and endorsement of this resolution would support their position in obtaining a grant. Regarding Section 4 of the resolution which addresses use of City resources, Fraser explained that in order not to duplicate services, those involved in drafting the resolution wanted to make some clear policy statement that everyone supported. The group wants some indication from Council that they will support the opening of the O'Brien school site and use of some City resources. She explained that Project Lighthouse is looking at the short term solution of opening O'Brien Elementary immediately and getting it going now. Councilmember Mann's committee is looking at long range (2-8 years) alternatives for a youth facility in this community. Councilmember Mann pointed out that this is not an ordinance but a resolution which expresses where the Council 's heart is with regard to this project. Councilmember Houser requested that Section 4 be made more specific to indicate what City resources are available for use. McCarthy reported that the City has received no formal request from Project Lighthouse at this time. Once Project Lighthouse decides what they want, they will come back to the City with a proposal . The Council can then decide whether to accept it or not accept it. Councilmember Mann moved to adopt the resolution in support of Project Lighthouse and a Kent Youth Center. Councilmember Houser seconded the motion. The motion passed 2-0.* ADDED ITEM Introductions Cheryl Fraser introduced Julie Stangle, the new Youth at Risk Coordinator; Diane Lewis, Director of Project Lighthouse; and Sue Rahr from the King County Police Department Anti -Gang Unit. * Councilmember Johnson was later reached by phone and was in support of all issues discussed at the meeting. PUBLIC SAFETY COMMITTEE MINUTES May 17, 1993 COMMITTEE MEMBERS PRESENT: Paul Mann, Chair Leona Orr STAFF PRESENT: Chief Crawford Dave Haenel Tony McCarthy Chief Angelo Chuck Miller MEMBERS OF THE PUBLIC: Tom & Mary Pinches, Beanery The meeting was called to order at 5:30 p.m. by Chairman Mann. 1993 JAIL HEALTH SERVICES CONTRACT Captain Chuck Miller explained the changes and cost savings involved with this contract. ORR MOVED to approve the contract. Mann seconded and the motion carried 2-0. SAFETY BELT EDUCATION/INFORMATION GRANT Captain Chuck Miller recommended acceptance of$5,000 from the Kent Community Safety Belt Awareness Grant and explained the need for such a grant. ORR MOVED approval of the grant. Mann seconded and the motion carried 2-0. (Miller will contact Johnson for approval to be put on the Consent Calendar for the June 1st Council Meeting.) OMNI/BEANERY REPORT Mann explained that this issue has been removed from the Agenda tonight. Assistant City Attorney Haenel explained that the Pinches, owners of the Beanery, have hired an attorney to represent them in this matter as well as helping them to solve the parking dispute between the Omni and the Beanery. Haenel expressed that this is the proper form to follow with resolving the parking problem. Tom Pinches noted that parking is not the issue but rather what is going on in the parking lot. Haenel further noted that the Pinches' attorney is laying out all of the concerns in a letter that will be forwarded to the City Attorney's Office and at that time it will be dealt with in the best way possible. Chief Crawford explained that he is scheduling a meeting to discuss the ordinance and compliance with the ordinance. The meeting adjourned at 5:40 p.m. PUBLIC WORKS COMMITTEE MAY 19, 1993 PRESENT: DON WICKSTROM JIM BENNETT ED WHITE PAUL MANN JOHN BOND CHARLIE KIEFER TIM LaPORTE WILLIAM JOY TONY McCARTHY BILL CARLETON TOM BRUBAKER PEGGY HANIS JIM WHITE MR. & MRS . RUST 272nd/277th Corridor - 116th Ave/Lindental Meadows Agreement 116th Ave/Julie ' s Addition Agreement Wickstrom stated that approximately a month ago the City had executed an agreement with the Plat of Lindental on the east side of 116th Avenue SE. He noted that the two plats being discussed tonight were on the west side across the street from Lindental. Essentially, the agreement is that they pay their share of what they would have had to pay under the County Design Standards in building the road. Committee voted 2-0 to authorize the Public Works Director to sign the 116th Avenue/Lindental Meadows Agreement and the 116th Avenue/Julie ' s Addition Agreement after the final details are completed and after signature by the owners of each respective plat. (Mann voted no . ) Rotary Sign (No one was in attendance from Rotary, so Councilman Jim White attempted to explain the facts and/or requests as best he could. ) White stated that Rotary wanted to place the traditional "Rotary" wheel and a sign indicating the day and place where their meetings are to be held. No locations were available, however, White recalled there were three or four different locations in mind. White mentioned that if the City allowed this request to one service club and the rest of the service clubs followed, that maybe the City could create something the clubs could put their emblems on. Ed White noted that John Bond had been working on several different structures that have small roofs on them and areas where several organizations could post signs or information on. Jim White stated that he would not want to see this request end up being a huge project, but wondered if there was any value in 1 contacting the service clubs and seeing if they really wanted to do this. Bond remarked that there were six clubs agreeable to the idea. Councilman White noted that most of the service clubs buy pre-made out-of-a-catalogue signs , and requested that Bond make this a top priority. Brubaker questioned the fact that perhaps undesirable clubs may choose to be included and thought maybe we should think generically about how we could restrict the use. He inquired whether the Rotary Club was a complete non-profit organization. White concurred and added it was also a non-sectarian service club. Councilman White suggested Ed White and Tom Brubaker get together and work out the details and to check with the service clubs with where and when they meet. Kent Cornucopia Days Ordinance Brubaker noted that this was a new standard street use ordinance for all street closures. Ed White explained that in the past, Cornucopia was normally covered as an ordinance action in that we knew every year it was going to happen . However, there are other organizations requesting to use the streets for other functions . As a result, the City has come up with a standard ordinance and a standard Street Occupation Permit for Street Closures. All action, still has to go to Public Works Committee and through Council. Once approved, they would apply for the permit. Committee unanimously agreed to recommend adoption of the Kent Cornucopia Days Ordinance. Everson Annexation (60% Petition Annexation) Wickstrom noted the location of the annexation area to be by S 218th Street, roughly in the middle of the City on the eastern boundary and that the City has received and verified the 600 petition for same. The next step would be for Council to accept it and authorize staff to file the "Notice of Intent" with the Boundary Review Board . However, prior to Council ' s action, the SEPA process must be complete. Because of the time element, he requested that the committee recommend that upon completion of the SEPA process and subject to a DNS being issued, Council accept the annexation petition and direct staff to Pile a "Notice of Intent" . Jim White stated that the City was getting pockets (60 acres) of people wanting to annex to the City and in that area it is happening because of septic systems . Wickstrom noted that he believed this was happening because of the County ' s permit process and the inability to get action from the County . Mrs. Rust inquired about people wanting to be annexed to the City and recalled that former Councilman Steve Dowell had said that annexations do not benefit the City financially because we do not 2 get any revenues from them. Mrs. Rust questioned whether the City had the right to refuse if it was going to cost money in fire and police protection. Councilman White stated the analysis that was done was a push. He went on to say that it was not that we didn't get any revenue (Wickstrom interjected it was about $500) , but that it was a minus when you annex housing, warehousing and industrial is a push, and when you annex retail it ' s a plus. Mrs. Rust commented she heard you always had to have 60% of the people in the area, but she never hears City representatives debating whether they want it. Jim White noted his feelings were that when we do not annex, especially to the east, the City gets the brunt. . . the down side of everything without the pluses, which includes the traffic impacts and we are generally furnishing the utilities . Most of those people are utilizing services in the City and we are getting nothing for it, so to his way of thinking, he felt the City should be annexing much further east. White stated that the City was responsible in some respects for planning, and Growth Management indicated the same for those people that impact us . White mentioned that 60 to 70% of the people involved with our Senior Center and Parks programs are. County residences; 85% of those traveling through the City is County traffic. He said in effect, our citizens are held hostage by what happens around us and we have no control over land use in those areas. Developers can go outside the City, build apartments and we get all the impacts which is why the moratorium was instituted a couple of years ago to shut off utilities outside the City. Committee unanimously recommended that upon completion of the SEPA process and subject to a DNS being issued, Council accept the annexation petition and direct staff to file a "Notice of Intent" . Guardrail Along Green River Ed White stated at the Public Works Committee ' s request, staff surveyed the area from Meeker Street to S 212th Street on Frager Road. White noted that the areas in blue (on the map displayed) were where guardrails already existed; no color at all denoted that no guardrails were needed, where there was sufficient shoulder width or where the river meandered away from the road; and the areas in red denoted where the guardrails need to be installed. White said the total cost for all the areas in red is $68 , 000 @ $14 per In ft and $400 for each end treatments . White stated that the Committee could go for the more selective areas that mark where accidents have occurred, or do all the areas, or prioritize them and put them on a work schedule so that maybe over a course of years we would replace all the guardrails . Councilman White questioned what it would do to pedestrian traffic by restricting the path. Ed White said in these areas there is not much of a shoulder anyway, so chances are if there are pedestrians or cyclists out there they are using the roadway . White also added 3 that just by installing guardrails, the number of accidents may not be reduced but the severity of the accidents would be. Bennett inquired where we would get the money from. Wickstrom stated there was some unincumbered money in the Street Capital Improvement Fund or the Council could allocate some money from the 1994 budget process. McCarthy questioned whether this would have to be brought before the Budget Committee . Councilman White remarked that he felt more comfortable having staff figure out the best way to handle the budget side of it to move the project along. Bennett commented that he had the same public safety concerns that Mann did, but felt that there were more areas that required a lot more attention than this particular area, partly due to the fact that there is a 25 mph speed limit and it is a bicycle recreational corridor. Bennett noted that he wasn ' t 100% sure that it was his responsibility to gamble with city money and felt that James Street and other heavily-traveled areas were more critical as far as safety is concerned. He continued that there were only so many dollars to spend, and he would spend it elsewhere. Mann approached Bennett and inquired whether he would be in favor of installing guardrails on the most dangerous areas. Bennett agreed and Mann amended his motion to direct staff to install guardrails on the installment plan in the more critical areas and ultimately doing the rest at some point in the future . McCarthy questioned if the project was done in increments, was it a small enough project where it would come out of the operating budget opposed to budgeting $68 , 000 for capital improvements and whether the project would be done one piece at time or if we needed a budget. Ed White stated the desire for a budget process to get the project done as quickly as possible, but admitted he was looking at what was more financially feasible . Committee unanimously agreed to authorize Public Works to install guardrails in the more critical areas . Parking_Restriction Resolution Brubaker explained that he had revised the draft for the Parking Restriction Resolution to include some policy statements that overflow offsite parking constitutes an adverse environmental impact. Sections 2 & 4 were also added with minor modifications and all four sections essentially state that City streets should be free of overflow parking and also reiterates the fact that it causes an adverse environmental impact that should be discouraged. Brubaker continued that when reviewing the Environmental Checklist, the City ' s responsible SEPA Official should consider the adverse environmental impact caused to City right-of-ways if the potential for overflow offsite parking on City streets exists as a consequence of the proposed development.. 4 Ed White stated what he was looking for was a statement from the City that allows staff to provide input to developers which, in a sense, would allow us to take a look at these developments and inform same that they may need more parking because of a potential overflow parking problem. White stated that if we know it ' s not in the Zoning Code, but there are some areas here that we would like to look at, without having the backing from Council or a policy that basically says this, we ' re really looking at trying to convince them. White said that in terms of a policy/resolution, it would give staff the ability to approach the situation in a more forceful manner when there are multi-families encroaching on single-family areas. White continued to say that the history on this problem came out of parking/site distance coming out onto 110th Avenue SE from the multi-family development. He said the City was getting complaints about vehicles parking too close to the driveway and the people exiting not having adequate site distance. Committee unanimously approved the adoption of the Parking Restriction Resolution. Ramstead/Schneider Annexation (City- Properties) Wickstrom recalled that back in October 1991 , Council authorized the circulation of a 60% petition for this area . Initially, Wickstrom said it was started by Mrs . Ramstead and then later by Schneider Homes who is actively pursuing the annexation securing signatures . Wickstrom stated that several properties are owned by the City that were acquired by park purchases or through the 277th Corridor right-of-way acquisition reprE'senting about 1 . 5 million dollars worth of assessed value . The 60% needed is not in, but at this point, the City is asking that Council authorize the Mayor to sign the petition for the properties th,it we in fact own. Bennett inquired when it comes to a vote if it was only voted on by those people that own the 10% . Wickstrom stated that this was an annexation by 60% petition where the petitioners seek signatures of property owners within the area who have 60% of the assessed value. Wickstrom noted that the City owns properties totaling 1 . 5 million assessed value in the area which represents about 2% and the total area is about $40 , 000 , 000 . Mann inquired whether this annexation was to move in the direction of the 272th Corridor . Wickstrom stated that if the annexation were to occur, parts of the corridor would be in Kent. Mann then inquired if we were acting in accord and was this the motivation for the action . Wickstrom stated that the motivation was that the developer and/or property owner is pushing the annexation and since the City has properties in the subject area , we would just sign the 60% petition annexation for those parcels ; the developer is doing all the work . Mann further questioned whether that would be sufficient to sway the annexation . Wick!7trom noted that it was not 5 because City-owned properties only make up 2% and 58% more would have to be secured. Charlie Kiefer inquired about the SEPA review, the responsible person involved, as well as the official name of the annexation. Jim White stated that the SEPA Official was Jim Harris and the official name was East Hill Annexation . Kiefer was concerned that all those in the annexation area would not be notified . Wickstrom stated that the normal procedures are published in the newspapers . Bill Carleton commented that he lives near the Ramstead ' s property and also wanted to be notified. Kiefer inquired about the city ' s 2% and where we stand now. Wickstrom noted that we were in the 50 to 60% range, that we are not quite there because some of the signatures were beyond the 6- month period and we had to start over in some cases . Wickstrom noted that the 60% petition annexation ways a State law requirement. William Joy questioned how this annexation fit in with Auburn. Wickstrom stated that it correlates with Auburn, however, they may have a concern with the tail off of one parcel , but it ' s within the interim potential annexation boundary that Council approved May 18th. Councilman White commented that a lot of this was being driven by the Growth Management Act which states that Cities should provide services because they are the mechanism established by law to provide them. As a result, White stated that the City was being forced to budget money to do plans that we would normally not do; plans must be completed by July 1994 . White noted there was no great desire by Council or the Mayor to annex clear to Soos Creek or to SE 285th, but when we receive petitions for annexation we have to react to them and are almost forced to annex. Bill Carleton stated he had gone to a County meeting where they discussed eliminating an intersection on 116th Avenue SE and making it a major County arterial . Carleton stated, as a part of the official meeting, a representative f. the City ' s Planning Department came in with books, EIS statements and counter statements which did not refer to 116th, but to the corridor . He said they did not object to the City loing that, but they did object to the fact that the corridor :gas an integral part of the spur and they were tied together. Carleton mentioned the County also discussed a 1, 000-home addition in the same vicinity and noted that people getting out of their areas would go to Kent-Kangley or they would get on the corridor and go all the way down to the freeway which is already overcrowded . In conclusion, Carleton suggested that the City of Kent could call itself the "Oasis City" and stated that if the City paved over everything out there, we were going to loose our sky and the properties would go down in value. Committee unanimously agreed to authorize the Mayor to sign the 60% Annexation Petition for City-owned properties . 6 Traffic Signal Remodel at 228th & 84th & SR167 Ramps - Acceptance Wickstrom noted that the original bid was below bid limits, so the City solicited for proposals from contractors. 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, Councilman White noted that he had read the information submitted and it was fine. Highway Paint Striper - Bid Accepted Committee unanimously recommended this bid be accepted and contract awarded to Municipal Machinery for $28 , 536 . 00 . Meeting adjourned at 6 : 36 PM. 7