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Home My WebLink AboutCity Council Meeting - Council - Agenda - 03/01/1994City of Kent City Council Meeting Agenda CITY OF Z12D4T Mayor Jim White Council Members Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr March 17,19=94 Office of the City Clerk CITY OF L"L'!2 LS SUMMARY AGENDA KENT CITY COUNCIL MEETING March 1, 1994 Council Chambers ° 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. Employee of the Month B. Proclamation - Les & Liz McClosky C. Introduction of Mayor's Appointees D. Regional Justice Center Update 2. PUBLIC HEARINGS None 3. CONSENT CALENDAR ,A. Approval of Minutes .B: Approval of Bills �C Downtown Partnership Contract - Saturday Market - Approval -Pl. Kent North Corporate Park - Bill of Sale -Lr. Top of the Hill Rezone RZ-93-4 - Set Meeting Date A;% Sharp Annexation AN -94-2 - Set Meeting Date --Cr. St. Anthony's Church Alley Vacation - Resolution Setting Date 1.355 K-. Evening Closure of City Parks - Ordinance 3158 ,I-. Annual Accounts Receivable Write -Offs _J�. Library Board Appointment dK. King County EMS Funds - Acceptance &. Lindental Meadows - Amendment to Bill of Sale 4. OTHER BUSINESS 1K. LID 343 - 111th Avenue S.E. Street Improvements, Kent- Kangley to Sequoia Junior High 5. BIDS None 6. CONTINUED COMMUNICATIONS 7. REPORTS 8. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Employee of the Month B) Proclamation - Les & Liz McClosky C) Introduction of Mayor's Appointees D) Regional Justice Center Update ?I CONSENT CALENDAR 3. city council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through L be a roved. I Discussi Actio 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 15, 1994. 3B. Approval of Bills. Approval of payment of the bills received through February 4, after auditing by the operations Committee at its meeting on February 23, 1994. Approval of checks issued for vouchers -- payment dates February 1 thru February 15, 1994: Date Check Numbers Amount Approval of checks issued for payroll -- payment dates February 18, 1994: Date Check Numbers Amount Council Agenda Item No. 3 A -B Kent, Washington February 15, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann and Orr, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Public Information & Government Affairs Division Manager Martin and Finance Division Manager Miller.tel Councilmember Woods was excused from the meeting. Approximately 20 people were at the meeting. PUBLIC Mayor White introduced and welcomed King County COMMUNICATION Councilmember Chris Vance. Vance stated that he agrees with the City's position on parking at the Regional Justice Center, and is encouraged with how the project is going. He noted that he has met with Cheryl Fraser regarding the pro- posed teen center, which he feels is a fantastic idea. He added that this should be a regional facility and that the County should help fund it. He stated that he feels the current growth management planning policies are unrealistic, that the urban growth boundary cannot be perma- nent, and that current policies discourage major employers from locating here. He said the current planning policies are too limiting as to what local officials can do. Introduction of Mayor's Appointees. Mayor White introduced recent appointees Ted Nixon and Ford Kiene. CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through K be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes._ APPROVAL of the minutes of the regular Council meeting of February 11 1994. TRAFFIC (BIDS - ITEM 5A) CONTROL Traffic Signal at Reitan Road and Jason Avenue. The bid opening for this project was held on February 2nd with two bids received. The low bid was submitted by The V Company in the amount of $42,000.00. The Engineer's Estimate was $46,000.00. The project consists of a signal system installation, primarily pedestrian activated. The Public Works Committee has 1 J(. February 15, 199,2 TRAFFIC recommended that this bid be accepted. MANN CONTROL MOVED that the contract for the Traffic Signal at Reiten & Jason be awarded to The V Company in the amount of $42,000.00. Bennett seconded and the motion carried. SIDEWALKS (PUBLIC HEARINGS - ITEM 2A) LID 343 111th Avenue S.E. Street Improvements. This date has been set for the public hearing on LID 343, street improvements on 111th Avenue S.E. from Kent Kangley Road to Sequoia Junior High School. Public Works Director Wickstrom noted that this LID was pursued after a request from the school to install sidewalks along 111th Avenue S.E. He noted that the school district is the biggest property owner. He noted that numerous properties (79%) executed covenants to improve their half of the road. He explained that some of the new covenants contain a ten- year term limit which requires owners to provide cash to do the project, and that the LID pro- vides a means of meeting the commitment and paying for it over a 10 -year period. He noted that the LID is for widening 111th Avenue S.E., adding curb, gutter, sidewalks on both sides, additional lighting on street light poles, and drainage improvements. Wickstrom explained that a meeting with property owners was held in July 1993, and that the total cost of the project is $141,512.14. He noted that the City is proposing to fund 30% which would be used to overlay the road. Mayor White opened the public hearing. Masami Hasegawa noted that he owns Parcels 1, 2 & 3 and was only recently notified of this LID. He explained that his property is on the corner of Kent Kangley and 111th Avenue S.E. He noted that there are sidewalks to the entrance of the parking lot and that property #2 and #3 are vacant with no plans to use or sell. He pointed out that there is no traffic generated by his business or ownership of the property. He said it is his understanding that this request for sidewalks was made by school children and that improvements are the responsibility of either the school district or the city. He noted that 2 `1 February 15, 199 SIDEWALKS the covenant was signed two or three generations before him, and that it states that they agree not to protest if the improvement benefits the property. Wickstrom noted that Hasegawa's pro- perty was short -platted by prior ownership in order to achieve the three lots he now has, and one of the conditions was that they would not protest formation of this improvement. He clarified that Hasegawa has a right to protest the benefit during the hearing on the final assessment roll. Upon Houser's question, Wickstrom noted that when assessments are not paid, the property is foreclosed on. Glen Anderson of the Kent School District, 12033 SE 256th, apologized to the staff and Council for all the work they have done on this project. He explained that this began with some children who were concerned about safety. He said what they expected was to provide a blacktop pathway on one side of the road from the school to Kent Kangley. He noted that there is one piece of property between the school and the road and that they hoped the city could help by providing the pathway on that part. He said they would like to find a way to resolve this issue which does not require all the property owners to be involved in a total LID improvement. Dr. Edward J. Stein, property owner, asked about the 10 -year program and Wickstrom responded that improvements must be made prior to the expira- tion date of the agreement; otherwise the City would have required them to improve their half of the road as they got their building permits. White clarified that the commitment is made when the building permit is issued. Wickstrom explained that implementation of the Transpor- tation Act of 1988 put a 10 -year limitation on the covenants, and noted that this causes a piecemeal approach to getting the road fully improved. Mr. Hasegawa asked whether any studies regarding the volume of traffic, the number of accidents that have occurred, and what the risk factors are have been done. He said he feels he should be able to decide when and how to improve his 3 February 15, 199 SIDEWALKS property. White noted that LIDS are governed by the State, and Wickstrom explained the pro- cess regarding whether a property is benefitted. Dr. Stein noted that he agrees with Glen Anderson and favors doing the project all at once rather than piecemeal. Dave Armstrong, 18647 108th Avenue SE, Renton, representing Sequoia Baptist Church, stated that sidewalks would not benefit them and that the assessment would be a hardship on them. He noted that they own the largest frontage, and spoke in favor of Glen Anderson's suggestion. Orr pointed out that the church had a choice at the time they got their building permit, and that in some cases providing the improvements at a later date becomes a real hardship. She voiced concern about the policy regarding cove- nants and urged the appropriate committee to look into it. She stated that the school will have to make improvements by 1999, and it seems a waste of money to do it in halves. There were no further comments and ORR MOVED to close the public hearing. Johnson seconded and the motion carried. Upon Mann's question, Wickstrom explained that property owners as shown on the County Tax Assessor's rolls are notified, and that it is possible that someone who bought the property recently may not receive the notice. He added that the roll is updated at the time of the final assessment roll, and that property owners are asked at the meetings to advise the City of new owners. He also explained for Mann that asphalt does not correspond to the construction standards and it may not last as long as a concrete sidewalk. He noted for Bennett that concrete sidewalks for this project would cost under $40,000. Bennett noted that safety is the issue and MOVED to reject the proposed LID and put in a concrete sidewalk. Johnson seconded. Bennett clarified that his intent is to have a concrete sidewalk on one side which would be in conformance to the road when the road is widened. Orr said that which side of the street the sidewalk would be on may be an issue for the 4 February 15, 199,3 SIDEWALKS committee to decide, and that property owners need to understand that the covenants will eventually kick in. Johnson said he does not feel the issue needs to go to the Public Works Committee, and that Wickstrom can make the decision as to which said side of the street to put the sidewalk on. Lubovich suggested that the LID be deferred until the costs of putting in a sidewalk are known. Upon Clark's question, Wickstrom clarified that if covenants were implemented, property owners would have to make their improvements, and added that if the school district is willing to participate, the city could use their money to do more. The Mayor and Lubovich noted that the correct motion would be to table the LID, refer the issue to committee, and bring it back in two weeks. Johnson reiterated that the issue does not need to go to committee, that staff can bring back a recommendation in two weeks. BENNETT MOVED to table the motion. Orr seconded and the motion carried. Orr asked that asphalt be considered as an option, as well as concrete. Bennett stated that some regulations have not proved to be best for the whole, and that some deregulation needs to be done. Mayor White noted that staff has been so directed. REST STOP (CONSENT CALENDAR - ITEM 3H) R V Rest Stop - Naden Avenue. AUTHORIZATION for the Public Works Director to install a 5 -stall R.V. parking lot on Naden Avenue, south of Meeker Street, and for finances to come from leftover funds within the James Street 86/87 Overlay fund (Fund #R81), as recommended by the Public Works Committee. REZONE (CONSENT CALENDAR - ITEM 3C) Carpinito Business Park Rezone (RZ-93-3). ADOPTION of Ordinance No. 3155 approving the Carpinito Business Park Rezone (RZ-93-3) as discussed by the City Council on January 18, 1994. ANNEXATION (OTHER BUSINESS - ITEM 4A) Jones/Hobbs Annexation. This date has been set for a meeting with the initiators of the Jones/ 5 February 151 1993; ANNEXATION Hobbs Annexation, an area of approximately 25 acres located at the northwest corner of 100t Avenue SE and South 222nd Street. Staff recom- mends that the Council accept the 10% annexation petition and geographically modify the proposed boundaries by extending them to include all of the rights of way for South 222nd Street and 100th Avenue SE where they are adjacent to the proposed annexation. In addition, staff recom- mends that the Council authorize circulation of the 60% petition subject to the City's existing indebtedness. Planning Director Harris noted that the an- nexation process was formerly handled by the Public Works Department, but that it has been transferred to the Planning Department. He reiterated that the staff recommendation is to accept the 10% petition annexation and to modify the proposed boundaries, and to authorize cir- culation of the 60% petition subject to the City's existing indebtedness. He noted that the annexation is adjacent to Kent's northeast boundary lying north of S. 222nd Street (extended) and west of 100th Avenue S.E., and that it is approximately 25 acres in size. He added that the northern 5+ acres lies within Garrison Creek and the steep slopes that are adjacent to the creek, and that the westerly half of the area has slopes of approximately 15%. He noted that there are approximately eight dwellings and nine lots in the area, and that the Soos Creek Plan designates the area as single family residential with a density of 1-8 dwelling units per acre. He also noted that the Soos Creek implementing zoning designates this area as GR -51 which will revert to RS 7200 on December 31, 1994. He stated that Kent's East Hill Plan calls for development of 4-6 dwelling units per acre, but that when it is annexed it is automatically zoned R1-20 until definitive zoning is done. Harris noted that the Fire Department feels that there would be no significant impact as long as the properties are utilized as they currently are, and if sufficient funds are committed to the ongoing delivery of service. He noted that 0 0 February 15, 1993 ANNEXATION the Public Works Department stated that on-going operations and maintenance service to the area are minimal. He concluded that a review of annexation policies was done which indicates that this annexation satisfies the intent. Miller distributed copies of a fiscal impact analysis and noted that there is minimal finan- cial impact from an annexation of this size. She noted that she will contact other depart- ments and produce a final analysis incorporating any changes. ORR MOVED to accept the 10% annexation petition and geographically modify the proposed boundaries by extending them to include all of the rights of way for South 222nd Street and 100th Avenue S.E. where they are adjacent to the proposed annexation, and to authorize circulation of the 60% petition subject to the City's existing indebtedness. Bennett seconded and the motion carried. Suneil Williams, 21819 100th Avenue S.E., asked about the City's existing indebtedness and taxes, and about the possibility of redrawing the boundaries. Harris recommended that boundaries not be redrawn, except for the area previously mentioned. Williams noted that Parcels 7 and 8 are in a different area, not bounding on 222nd Street, and that it would make more sense to include them when the area across the street is annexed. White clarified that the City does not solicit annexations and that in this case the only modification is to include the entire street. He added that the peti- tioners provided the outline. McFall explained for Williams that the City tries to develop reasonable boundaries, and Lubovich noted that boundaries can be adjusted downward when the matter is next considered, but that they cannot be enlarged. Upon Williams' question, Harris explained that notices were sent to petitioners and everyone who is listed as property owners. Miller explained for Williams that when property is annexed, citizens assume the same levy rate as other residents, and that the effect on the tax rate is very minimal. McFall noted that this information can be calculated for indivi- dual pieces of property and that the County's road district levy ceases on the property. 7 X February 15, 199 ANNEXATION Dave Casey, Lakeridge Development, P.O. Box 146, Renton, noted that they are the original petitioners, and that the original boundary presented to the City did not include Williams' parcel but that they were directed by the City to try to come up with logical boundaries. He added that they have no problem changing the border to accommodate Williams' request. ANIMAL (CONSENT CALENDAR - ITEM 3D) CONTROL Animal Control Interlocal Agreement ADOPTION of Ordinance No. 3156 amending Chapter 8.03 of the Kent City Code to reflect licensing, im- pound, sheltering and redemption fee increases pursuant to the City's Interlocal Agreement with King County for Animal Control Services. COUNCIL (CONSENT CALENDAR - ITEM 3K) Council Absence. APPROVAL of a request for an excused absence from February 1, 1994, City Council meeting from Councilmember Christi Houser, as she was unable to attend. PARKS & (CONSENT CALENDAR - ITEM 3F) RECREATION Green River Trail Fence Project AUTHORIZATION to accept as complete the Green River Trail Fence project and to release retainage to Quality Fence Builders upon receipt of State releases, as recommended by the Parks Committee. The project was completed within budget. (CONSENT CALENDAR - ITEM 3G) Interurban Trail Bridge Replacement Project AUTHORIZATION to accept as complete the Interurban Trail Bridge Replacement project and to release retainage to Frank Coluccio Construction Company upon receipt of State releases, as recommended by the Parks Committee. The project was completed within budget. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 31, 1994 after auditing by the Operations Committee at its meeting on February 1, 1994. (No vouchers were approved due to the timing of the committee meeting.) E. February 15, 199 FINANCE (CONSENT CALENDAR - ITEM 3E) Worker's Compensation Trust Account Transfer. ADOPTION of Ordinance No. 3157 amending Kent City Code Section 3.05 raising the authorized amount in the City of Kent's Worker's Compen- sation Bank Account, and authorizing the Operations Director to transfer monies to the account. APPOINTMENTS (CONSENT CALENDAR - ITEM 3I) Reappointment to Drinking Driver Task Force. CONFIRMATION of the Mayor's reappointment of Ford Kiene as a member of the Drinking Driver Task Force. Mr. Kiene's new appointment will continue to 1/1/97. (CONSENT CALENDAR - ITEM 3J) Appointment to City Transit Advisory Board. CONFIRMATION of the Mayor's appointment of Theodore E. (Ted) Nixon as a member of the Kent Transit Advisory Board. Mr. Nixon is a Kent resident and is interested in Kent's future growth and expansion. He will replace Jim White, who resigned, and his new appointment will continue to 4/30/96. REPORTS Planning Committee. Orr noted that the Planning Committee will meet on the third Tuesday of each month at 4:00 p.m., and that they will meet on the first Tuesday if necessary. Operations Committee. Orr noted that there will be no Operations Committee meeting on February 16. Administrative Reports. McFall noted that it was determined at the Public Works Committee meeting that a workshop should be scheduled regarding recycling services proposals. He suggested holding the workshop at 6:00 p.m. on March 1st, and there were no objections from Council. Clark later pointed out that March 1st is Caucus night, and asked whether it is criti- cal to have the workshop that night. McFall responded that since the current contract ex- pires March 31st, and it is complicated issue, there is some time urgency. 2 February 15, 1993 REPORTS Planning Director Harris advised the Council that there will be a workshop on Capital Facilities on March 8th. The City Attorney noted that his office is trying to obtain Code compliance on three vacant pieces of property. ADJOURNMENT The meeting adjourned at 8:15 p.m. Brenda Jacober, CMC City Clerk 10 /011 Kent City Council Meeting Date March 1, 1994 Category Consent Calendar 1. SUBJECT: DOWNTOWN PARTNERSHIP CONTRACT - SATURDAY MARKET 2. SUMMARY STATEMENT: As recommended by the Parks Committee, Acceptance of a one year contract with Ken on ow Partnership to manage the Kent Saturday Market e contract shall be in a form substantially similar to the a-ttaci�ed - contract as approved by the City Attorney and Mayor. 3. EXHIBITS: Kent Downtown Partnership Saturday Market Proposal; Pages 3-4 from February 10, 1994 minutes of the Kent Saturday Market Advisory Board Meeting, Draft Agreement for Management Services 4. RECOMMENDED BY: Parks Committee and Kent Saturday Market 5. A 7. (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3C SATURDAY MARKET PROPOSAL KENT DOWNTOWN PARTNERSHIP 2Vnr DOWNTOWN PARTNERSHIP February 8, 1994 EENT DOWNTOWN PARTNERSHIP BOARD OF DIRECTORS KENT DOWNTOWN PARTNERSHIP EXECUTIVE DIRECTOR SATURDAY \I.-\-RKET ADVISORY BOARD SATURDAY MARKET STAFF CITY OF KENT Budget In reviewing the 1993 expenses we determined that the budget did not reflect any of the Coordinators salary or benefits. We found that seven thousand dollars was spent on entertainment and none of the budgeted dollars for paid advertising were used. The proposed budget reflects no increase in revenue for the 1994 season. With the current state of the economy, and with other communities adding markets we anticipate the revenues to remain flat. Whenever possible we would use free entertainment rather than paid entertainment. We would spend 3 to 506 of revenues on advertising in local media. The five hundred dollar grant from the Arts Commission is included in this amount to be used for entertainment. There is no amount reflected in the budget for the use of the Saturday Market equipment. We would like to make arrangements to continue to utilize the equipment currently being used by, the Market. See the attached list of equipment. This equipment would remain the property of the City of hent until such time the Saturday Mark -et was run independently by hDP, at this time hDP would negotiate the purchase of the equipment. Salaries were determined based on the past information. Two part time employees and a pro rate amount for the use of the hent Downtown Partnership Director have been budgeted. We feel this amount may have to be reevaluated as we may find it will take additional time to attract new vendors. No phone expenses are shown as currently our phone service is an in-kind expense. Ground's maintenance and electricity have been included with a slight increase over last years budgeted amount. Printing fees were reduced as we are able to get some of our printing done as in-kind work. Saturday Market 1994 Budget Function SALARY PT1 SALARY PT2 TAX PRO RATA KDP OFFICE SUPPLIES GROUND MAINENANCE ELECTRICITY PRINTING LIC/PER/FEES DUES RENT EQUIP ENTERTAINMENT ADVERTISING STREET BANNERS TOTAL EXPENSE SAT MKT FEES Budget NET INCOME OR LOSS $5,100 $500 $1,500 $4,400 $700 $800 $1,100 $2,500 $75 $175 $800 $1,500 $1,500 $2,100 $22,750 $30,000 $7,250 Actual Diff SATURDAY MARKET EQUIPMENT FOUR PORTABLE TOILETS MARKET UMBRELLAS AND STANDS BARRICADES HAND TRUCK FLOWER BARRELS MARKET BANNERS 12 TABLES \IISC BROOMS: DUSTPANS 10 l _0 TENT GARBAGE CANS SATURDAY MARKET BUILDING AND THE USE OF THE MUNICIPAL PARKING LOT Staffing Plan Saturday Market under the current structure operates within the City of Kent Parks and Recreation rDepartment.ooThefCoordinator ll time tworks with ay Market h a Coordinator guidancce o an Advisory Board. employees The Advisors Board meets from heonce a month vendo�cThethe Advisory Board members are SaturdayMarket and fields comply appointed by the Mayor. The Saturday Market Coordinator is responsible for the total operation of the h Sa Dutturday Market. The Coordinators position currently is one third of a full time p include up dating the vendor handbook and regulations guide, building relationships with the current vendors and recruiting new vendors, handling all office duties and produces the }earn operation budget. receiving fees, bank deposits, explores all free publicity for the Itlarket. contracts any additional advertising; seeks free entertainrrtto be on-site each and hires entertainment within the budget guidelines, this person is required to Saturday to assign vendor placement, assist the vendors when possible and help set up entertainment. The Coordinator is required to be available for other special events at the Saturday Market participates in. Currently the Market employs a temporary part time person to work in the office one day e basic job per week as support staff and a part timn we find that there areer any duplications of description of the part time office p duties between the Coordinator and the part time staff. Kent Downtown Partnership (KDP) currently has an Executive Director on staff who will assume the management responsibilities of the Market. The Executive Director Dirand festivals. extensive experience with farmers markets, craft fairs, food fairs, parades Volunteer organization is a major function of the current position. After reviewing the job description of the Assistant Saturday Market Coordinator we feel that a part time Saturday Market Coordinator and a part time Custodian der thefficient direction of the KDP Director could operate the Market in a very Pro ductive andmanner. Current job descriptions would have to be revised to operate the Saturday Market in the most efficient way. KDP would be responsible for the day to day operation of the Saturday Market and would _. provide a monthly report to the City of Kent Parks and Recreation Department. The KDP will consult with the Parks Department as needed. KDP would continue to utilize the Saturday Market Advisory Board. KENT DOWNTOWN PARTNERSHIP EXECUTIVE DIRECTOR RESPONSIBU ITIES: To supervise the part-time staff and manage the day to day operations year round for the Kent Saturday Market under the direction of the hent Doivnto%,.n Partnership Board of Directors. PART-TITIE SATURDAY MARKET COORDINATOR BASIC JOB DESCRIPTION: Part -tune ( May thm October) Salary 58.50 per hour Part -tune work under the supenision of the Kent Downtown Partnership Executive Director; coordinate and set up Kent Saturday Market which operates Saturdays from May thru October for farmers, gardeners, artisans and crafts persons. Includes festival dates for Kent's Cornucopia Days and Canterbury Faire. REPRESENTATB E DUTIES: • Develop vendor recruitment process and maintain vendor relations. • Coordinate with market vendors to provide attractive displays: fruits, vegetables, nursery plants, arts and crafts. baked goods, food concessions and other products. • Receive telephone calls from potential market vendors and schedule booth spaces and reserve electricity• and umbrella rentals for vendors. • Assian Market areas each Saturday morning at 7:00 a.m. Work with vendors. Coordinate registration for booth assienments and collection of vendor fees. • Receive registration fees. write receipts, maintain accurate accounting of Market program records. • Develop and produce annual Saturday Market Vendor Handbook and the promotional Materials. Write weekly vendor information newsletter and distribute to vendors on Market day. • Coordinate entertainment or special feature activities for each Market day: establish physical location ; record evaluation of entertainment; and secure payment. • Set up N larket information booth with promotional and informational materials each Saturday. • Enforce rules and regulations established for the Market by Kent Downtown Partnership, City of Kent, Advisory Board and the County Health Department. • Maintain cooperative working relationship with the City of Kent, Advisory Board and Market Vendors: KNOWLEDGE, SKILLS, AND ABILITIES: • Knowledge of community and municipal recourses. • Knowledge of correct English usage and creative writhing principles. • Skill in organization and managing activities and people. • Ability to set up and operate sound system and microphone equipment. • Ability to design flyers for marketing and promotions. • Ability to communicate effectively and courteously, exercising tact and diplomacy Ntith individuals and groups. • AbiliR, to lift equipment used for Saturday Market special events and information booth. • Ability to drive own r•elticle to transport equipment when rtecessary. • Ability to perform the physical requirements of the position. TRAINING AND E_UERIENCE: Two years of experience in Public Relations, Prop-rain Management, or a related field, successful completion of course work in Public Relations field may be substituted for up to one veal of experience. WORKING CONDITIONS: Saturdav \{arket is held out doors in downtown Kent. Some work necessary to coordination of activities ME be accomplished indoors. SATURDAY MARKET CUSTODIAN part -Time ( 1\ -lav thru October 1 Salary S6.75 per hour DUTIES: Setting up and tearing down of Kent Saturday Market which operates Saturday May thru October for farmers , gardeners, artisans and crafts persons. Direct contact with the Market vendors as well as general public. This position directs traffic on to and off of Market site; assists vendors with booth set- up and take down. helps with registration of vendors when necessary; sets up and takes down Market umbrellas and trash receptacles; sets up and takes down entertainment staging, chairs, tables, sound equipment, information booth and barricades: cleans up site and directs vendors to appropriate booths. Must be able to work Fridays thru Sundays during City-wide festivals /events. This employee is required to drive own vehicle to transport equipment and supplies. Subject to work outdoors in inclement weather. Vendor Recruitment Plan Kent Downtown Partnership believes that a very aggressive vendor recruitment plan is necessary. With Auburn and other small communities around the valley opening similar markets it is very important not only to maintain the Ievel of vendor participation but to be very aggressive in seeking new vendors. • We will produce an attractive selling brochure that will supplement the vendor's handbook. The brochure will be designed so it can be mailed to current and past vendors. A separate list of vendors from other markets' sources will also be pursued. • Advertisements in local and regional craft publications will be placed to attract new vendors. • Press releases will be sent to regional newspapers asking for vendor participation. • Posters will be printed to be placed in the local craft.. specialty and artisan stores. • Personal contact at other markets around the region is the most important form of vendor recruitment. • Making these personal contacts will be a requirement of the market staff. • Vendors will be encouraged to recruit new vendors to the market through creative incentive programs. An example would be to give a permanent vendor one free week of booth space rent if they brought in a new vendor that signed up for four consecutive weeks. • We also have the ability to net work with over one hundred other communities through the Main Street Program. Marketing and Promotion Plan our marketing and promotion plan will include taking advantage of the free notices available through newspapers, radio stations, etc. We also feel it is necessary to spend from 3 to°'o of our revenue on traditional advertising spots. Weekly press releases will be sent to the newspapers on will be included1CReleases to announce special events. The entire Puget Sound Re will also be sent to radio and television stations in the region. • Paid advertisements for special events will be placed in the local paper. • Posters and bag stuffers will be used . Stuffers will need to be updated regularly, and distributed throughout the downtown core area. • Crafter's publications will be used as a source not only to find new vendors but to also promote the market. • Sponsors will be sought to pay for seasonal street banners to be placed on Canyon Drive, James Street and Meeker . Information will be sent to the State of Washington Tourism Department. Rent Saturday Market Advisory Board Meeting l0, 1994 Meeting Minutes of February Page 3 flavor of the market w ldif vchange nteerstwerefifferent er utilizedandehanged Both ven f it would not be an efficient way to operate* weekly at the market, year after year. Several They like dealing with the same manager y Plan and how board members asked Linda Johnson about her staffing i. and ar much time she ill dtedtthat e to theamarkett the mwouldket•remainahandmade Pand Williams bot prevent remarked that the guidelines have even been toughened to slipping in manufactured items once their main craft vendors from was okayed. Linda Johnson went on to explain the proposal with commentKent s that purchase banners for West and East funds would be used to in advertising dollars arterials. There erOn ecill alsong bew. vandincrease an ented that she is a frequent Councilmember Christi Houser comm patron of the Saturday Market for many yea and enjoys the vari- ety and quality of wares available. Ms. of a user said svendorsmands the market many years ago comprising Doroth ears a o when she started at the market, there when it was situated in a different downtown location. Woodruff said 14 y g tor were only 5 vendors. Ms. Houser commented thaheamarketltocits Nancy has done a tremendous job in developing current success. The board appreciated all the efforts and hard work that Nancy has given to the market program over the last 7 years. wasrconcerned ifpsheswillhat the remain withrday the CityeoflKent. Nancy and Patrice said Nancy has other projects that she is working on including assistance with the Balloon Classic and Canterbury Faire. Patrice commented that the concerned seemed to be directed t in idea of change and that there are a lot of feeling change in this issue. She noted that concerns are for Nanare, -jo ,git is a general, and that the benefits of this Chang eceive in-kind servics from area one-year trial, the market could rAdministration to businesses, as well as meeting pressure from City privatize this department. After made the following motion: much discussion, Midge Sw The Rent Saturday Market Advisory Board recommend standards and contract for KDP to contract services upholding present policies of the market as established by the Rent Saturday Market Advisory Board and will report monthly to the Rent Parks Kent Saturday Market Advisory Board Meeting Minutes of February 10, 1994 Meeting Page 14 Administration Department. The motion was seconded by Pat Williams. A call for the vote by Market Chair Dorothy Woodruff shows the following results: In Favor 3 (Midge S., Aggie M., Pat W.) Abstain 2 (Linda Johnson, Dorothy Woodruff) Against 0 2 board members were not able to cast a vote: Marian Pagarigan (absent), Helen Kubera (left meeting early). Patrice stated that the direction for the board to now take is for the City Attorney to draft a contract for Kent Downtown Partnership (KDP) with the guidelines among other provisions to include: * One year in length * Monthly check points for review * Forward to Parks Committee Meeting before March 1 The next Parks Committee Meeting is scheduled for Tuesday, March 1 at 4:30 PM in Council Chambers West at Kent City Hall. Dorothy Woodruff will call a special board meeting as soon as the draft of the contract is complete for all members of the board to review. Respectfully Submitted, Jennifer Stoner AGREEMENT FOR MANAGEMENT SERVICES This Agreement is made and entered into the date fully executed below, between the CITY OF KENT, a Washington municipal corporation, (hereinafter "City"), and KENT DOWNTOWN PARTNERSHIP, a non-profit organization, (hereinafter "Contractor"), located at P.O. Box 557, Kent, Washington 98035-5557. RECITALS WHEREAS, the City desires to retain management services to assist in the operation of the Kent Saturday Market as directed by the City Council; and WHEREAS, Contractor agrees to perform these services and the other services described in this Agreement under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the City and Contractor: SECTION ONE DESCRIPTION OF WORK Contractor will perform management services on behalf of the City with respect to all matters relating to or affecting the Kent Saturday Market, as authorized by the Kent City Council at its regularly scheduled meeting of March 1, 1994. Contractor shall perform the work in accordance with all applicable state, federal and City laws, consistent with accepted practices for other similar services, and substantially in every respect to the direction and approval of the Mayor, within the time specified herein, and in accordance with any instructions and information Page 1 of 11 contained in this Agreement. Contractor shall perform the following duties in conjunction with its services: General Duties: 1. Contractor will operate the Kent Saturday Market for one year beginning with the 1994 season (May 7 - Oct. 8) as set forth in its proposal attached hereto as Attachment A. Pursuant to Attachment A, the City of Kent will evaluate, at the end of the first full season of operation, whether or not to extend or modify the contract. 2. Contractor will use and maintain the City of Kent's Saturday Market equipment house, umbrellas, portable toilets, barricades, and other property and equipment (see Attachment B) at the municipal parking lot on 2nd Avenue and Smith Street. The City of Kent will be identified as a co- sponsor of the Saturday Market by providing facilities and equipment for Saturday Market operations. 3. Contractor shall maintain the market in a professional manner upholding the integrity, a positive City image, Saturday Market logo, quality standards and vendor guidelines established by the market advisory board pursuant to the 1994 Saturday Market Vendor Handbook (see Attachment C). Other Duties: Contractor shall manage the Saturday Market operations under the following guidelines: A. Contractor shall attend regular Saturday Market advisory board meetings and maintain a cooperative working relationship with the established Kent Saturday Market Advisory Board. B. Contractor will pay all maintenance and operation costs associated with the Saturday Market. Page 2 of 11 C. Provide key paid staff on-site at all times during the operation of the market. D. The market shall operate on all dates and hours established by the market advisory board, including the 3 -day Cornucopia Days Festival (July 15, 16 & 17, 1994) and 2 -day Canterbury Faire (August 20 & 21, 1994). E. Professional staff are to be fully committed and dedicated to the market program and to provide courteous service to all vendors and market patrons. F. Established rules, regulations and guidelines must be maintained to protect the interests and safety of the vendors. G. A friendly, family oriented atmosphere shall be maintained at the Saturday Market. H. Contractor will assist in implementation of the Saturday Market 5 -year vision plan for the expansion and future development of the Saturday Market (see Attachment D). I. City will transfer Saturday Market business license to Contractor if needed. J. Contractor will maintain established rapport with businesses, schools, organizations, community groups and the media. K. Contractor will actively promote the Saturday Market as proposed in the Contractor's Saturday Market Proposal's "marketing and promotional plan" (Attachment A). L. Contractor shall maintain accurate vendor records and updated mailing lists and market operations statistics. M. Contractor will actively pursue new vendor recruitment and to maintain the market's base of long time and full season vendors as proposed in the Contractor's Saturday Market Proposal's "Vendor Recruitment Plan" (Attachment A). N. Contractor will provide a monthly report on the status of its market operations to the Kent Parks and Recreation Department. The City of Kent will provide a liaison Page 3 of 11 representative to consult and resolve market issues as needed. SECTION TWO TERM The term of this Agreement shall be for a period of one year unless sooner terminated as provided for herein. SECTION THREE COLLECTION OF FEES AND FINANCIAL REPORTING 1. Collection of Fees. Contractor shall collect for and on behalf of the City all vendor and booth rental fees and all other fees in strict accordance with the guidelines established by the City unless other instructions are given to Contractor. Contractor shall daily prepare deposit slips and make available all fees collected together with appropriate paperwork for deposit into a bank designated by the Finance Director pursuant to City cash handling policies. Contractor shall also provide on a bi-weekly basis an accounting of funds on a City provided form. Contractor shall be responsible for any loss cr theft of City funds while the same are in its possession or control. Contractor shall follow City's cash handling procedures and shall be liable to the City for its lost revenues under this agreement for failure to do so. Cash herein shall mean currency, checks, credit and other similar means of financial transactions. 2. Records and Accounts. The Contractor shall install and maintain a system of records and accounts of fees and gross revenues from all sources from which the amounts collected can be readily ascertained. Within a week of the end of each month, the Contractor shall provide to the designated representative of the City, a Financial Report developed by the City. Within thirty (30) days of the end of each fiscal quarter the Contractor shall provide the City with a copy of the Contractor's Financial Report Page 4 of 11 which shall include an income statement and a balance sheet. At the end of the fiscal year the Contractor shall provide the City with a copy of its Corporate or individual Income Tax return. The Contractor shall permit the City, at any time during business hours, through its designated representatives, to inspect such accounts and all other business records concerning Saturday Market operations. 3. Taxes. Contractor shall collect and remit to the City all appropriate sales tax. City shall report and remit to the appropriate authorities the sales tax collected. SECTION FOUR TIME DEVOTED TO WORK In the performance of the services described herein, the Contractor shall have control over the number of hours devoted to the work as is reasonably necessary to fulfill the spirit and purpose of this Agreement. The Contractor agrees to begin work upon execution of this Agreement by both parties and shall carry the work forward according to the direction given as provided herein and Contractor agrees to perform the work as expeditiously and efficiently as possible. SECTION FIVE PAYMENT The City agrees to pay the Contractor Five Thousand Dollars ($5,000.00) upon.signing of the agreement then Four Thousand Five Hundred Dollars ($4,500.00) in four equal installments on or about the first day of each month in April, May, June, and July for all work performed by Contractor, for a total contract amount not to exceed Twenty -Three Thousand Dollars ($23,000.00). In addition, the City agrees to pay Contractor 100% of Saturday Page 5 of 11 Market revenues exceeding $30,000 for the 1994 season for management services rendered by Contractor. SECTION SIX TERMINATION The parties agree that either party may terminate this Agreement without cause upon written notification to the Contractor. In the event of termination, the City shall pay for all services performed by the Contractor to the effective date of termination, and the City may thereafter take possession of all records and data pertaining to this project within Contractor's possession. SECTION SEVEN CANCELLATION OR BREACH All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Contract shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro -rate the contract amount based upon the actual time of Contractor's performance compared to the contracted performance schedule. SECTION EIGHT STATUS OF CONTRACTOR This Agreement calls for the performance of the services of the Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. The Contractor and/or its subcontractor(s) shall secure at its own expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, Worker's Compensation, and all other payroll deductions for the Contractor and its officers, agents Page 6 of 11 and employees and the costs of all business licenses, if any, in connection with the services to be performed hereunder. Contractor will be solely responsible for his acts and the acts of Contractor's agents, employees, servants, and subcontractors during the performance of this contract. SECTION NINE DISCRIMINATION In the hiring of employees for the performance of work under this Agreement or any subcontract hereunder, the Contractor, its subcontractors or any person acting on behalf of such Contractor or subcontractor shall not, by reason of race, religion, color, sex or national origin discriminate against any person who is qualified and available to perform the work to which the employment relates. SECTION TEN WORKER'S COMPENSATION Contractor agrees to maintain, at Contractor's expense, Worker's Compensation at the limits required by the State of Washington, to fully protect both Contractor and the City from any and all claims for injury or death arising from the performance of this Agreement. SECTION ELEVEN INDEMNIFICATION Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury (including death) received by reason of or in the course of performing work which may be occasioned by any willful or Page 7 of 11 negligent act or omissions of the Contractor, any of Contractor's employees, or any of its subcontractors. SECTION TWELVE INSURANCE Contractor shall procure and maintain for the duration of this Agreement comprehensive general liability and automobile insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by Contractor. Contractor shall maintain limits on such insurance in the amount of $1,000,000 combined single limit per occurrence/accident for bodily injury, personal injury and property damage, or such other amounts as may be acceptable to the Mayor. Contractor agrees to provide the City with certificates evidencing the required coverage before Contractor begins work on the project described in this Agreement. SECTION THIRTEEN OWNERSHIP OF RECORDS AND DOCUMENTS original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available, is already in Contractor's possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. Page 8 of 11 SECTION FOURTEEN ENTIRE AGREEMENT The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement, any addenda attached hereto, and all bid related documents, if any, which may or may not have been executed prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth at length herein. SECTION FIFTEEN WAIVER AND MODIFICATION No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City or Contractor. SECTION SIXTEEN ASSIGNMENT Any assignment of this Agreement by the Contractor without the written consent of the City shall be void. Page 9 of 11 SECTION SEVENTEEN WRITTEN NOTICE All communications regarding this Agreement should be sent to the parties at the addresses below, unless notified to the contrary. Any written notice hereunder shall become effective on the date personally served or, if mailed, as of the date of mailing, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Aareement or such other address as may hereafter be specified in writing. SECTION EIGHTEEN GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. SECTION NINETEEN RESOLUTION OF DISPUTES Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor for review and a determination. If the dispute, misunderstanding or conflict between the City and Contractor cannot be resolved by the City's determination within a reasonable time, jurisdiction of any resulting litigation shall be with the Superior Court of King County, Washington. Page 10 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. KENT DOWNTOWN PARTNERSHIP By JERRY PROUTY, PRESIDENT P.O. Box 557 Kent, Washington 98035-5557 Dated: Approved as to form: Roger A. Lubovich City Attorney Attest: City Clerk kentdntn.con Page 11 of 11 THE CITY OF KENT 0 JIM WHITE, MAYOR 220 Fourth Avenue South Kent, Washington 98032 Dated: 0 1. SUBJECT: KENT NORTH CORPORATE PARK Kent City Council Meeting Date March 1.L 1994 Category Consent Calendar 2. SUMMARY ST TEMENT: As recommended by the Public Works Director, uthorization to accept the bill of sale and warranty agreement submitted by Kent North Corporate Park, a Washington Corporation for continuous operation and maintenance of 4,205 feet of watermain, 11332 feet of sanitary sewer mains, 254 feet of storm sewers and 11423 feet of street improvements and release of bonds after expiration of the maintenance period The project is located east and west of 80th Avenue between 80th Place S. and S. 180th Street. 3. EXHIBITS: Public Works Director memorandum and vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO 1,--' YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: seconds ACTION: Council Agenda Item No. 3D DEPARTMENT OF PUBLIC WORKS FEBRUARY 15, 1994 TO: MAYOR & CITY COUNCIL FROM: DON WICKSTROM, PUBLIC WORKS DIRECTOR RE: KENT NORTH CORPORATE PARK - BILL OF SALE Kent North Corporate Park, a Washington Corporation has completed the water, sanitary sewer, street and storm sewer improvements for this project. Kent North Corporate Park project is located east & west of 80th Avenue between 80th Place S. and S. 180th Street. It is the recommendation of the Public Works Director, that this bill of sale be accepted and bonds released after the one year maintenance period. i c.::.. A. Fr N W Z Z I L •� A -1 TTS — N w N CP yrEST VALIEY ROAD 4 O� w 0 ploy 0 1. i 1 `� a . O r+ 4s y 72ND AVE s z ,p - a 2no flUNION PACK IC RAILROAD =y ,'.!ILWAUKEE ST PAUL;& PACIFIC RAILROAD z �.1llbne r , 76TH AYE73 N • r^ z i o I ti a o A C a w a soTH AVE r s D T a y D 61ST AVE s N m 7C wS' ++ s AVE s 1 O Z 0�1e �4sT m r n CITY Li.NiTS TI O VTpN z s ; m �saAv = "196 + AVE d / KENT NORTH CORPORATE PARK A "O°+r +to Kent City Council Meeting Date March 1. 1994 Category Consent Calendar 1. SUBJECT: TOP OF THE HILL REZONE RZ-93-4 2. SUMMARY STATEMENT: Authorization to set March 15, 1994, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval for a rezone application (RZ-93-4) by Baima & Holmberg, Inc. The property is located at 10050 S.E. 244th Street. 3. EXHIBITS: None 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E SUBJECT: SHARP ANNEXATION AN -94-2 Kent City Council Meeting Date March 1, 1994 Category Consent Calendar 2. SUMMARY STATEMENT: Authorization to set March 15, 1994, as the date to meet with the initiators of the Sharp Annexation, an approximately 80 -acre area with the following boundaries: 116th Ave. S.E. to the west, 120th Ave. S.E. to the east, S.E. 240th St. to the north and S.E. 248th St. to the south. 3. EXHIBITS: None 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ M 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: Council Agenda Item No. 3F �acJ` 1. SUBJECT: Kent City Council Meeting Date March 1 1994 Category Consent Calendar ST. ANTHONY'S CHURCH ALLEY VACATION 2. SUMMARY S T MENT:- Aa recommended the Public Works_ Dir-ector, option of Resolution No.� setting April 5th as the hearing date on the alley vacation petition behind St. Anthony's Church at 310 Third Avenue South. 3. EXHIBITS: Public Works Director memorandum, resolution and vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO v'-' YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended M 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3G DEPARTMENT OF PUBLIC WORKS MARCH 1, 1994 TO: Mayor & City Council FROM: Don Wickstrom 6 RE: St. Anthony's Church Alley Vacation The Public Works Department has received a request for an alley vacation for a portion of the alley behind St. Anthony's Church. As such, Council must pass a resolution fixing the time when the petition shall be heard and determined by them. Said time can be no longer than 60 days nor less than 20 days after the date of passage of the resolution. To comply with these time constraints, the Public Works Director is recommending April 5th as that hearing date. a 1 s AMW w AVC �,II11 P �flit N AM10N� ° T f EiTM AVE AVE - AVE - !!R« S 6TH f STM' �? AVE « S STM AVE a T^ P� N 4TH AVE 4 i +. 4TH A r 3 ® S 2 4N g « � L�� IA I WAN IS f 3RD AVE a R °� r_ r4nx g TND S 7 NO 1 - AVE 1tT AVE e'r IST A $ SON AVE S IST AVE N LROAD �. AVE AI AVE O +I w Sf f�tl AVE �+ P p a ; ` � ♦ 7 �1 fTA r STATE � s2�TIAL All:f, f TE AVE 0 n fi «0 E « aT �'1 ^ fVA « N EJr►C WAY pz Ln a r "311 j E MILLCRES On N CLARK AVL .�.. �Tj InnQ °Z �p O i �Ir� _ KIR e-'DOO A n f SSy1 jl _A'jl N JASON AYE AVE . 7 '1 ': AVE 0M 1 N MIM °� f VAI h"I ER AVE cC LENDRA AVE O O .P s� N AVE «a C DER n; - K f a CST A > AVE n F. ►� ;-,� 4010 ON Z = ALVORD AYE LN 2 > 1A dl _ �T AVE LANE F Z '' . F N fUYW ""TOr - AK V" �•t. < t AYE ! SEW « M. p + 92ND. iL S n REITEN f MA1LEwODO E t• , �jk• � f KIMKEII�t y `, l*v: t•. 94TH AVE f 7 AVE 0 CA 6T 144 r 'A � ��! J�, .j. ..} A 9iTN 94TH AVE S f 83C2c "�►�MrC�.. _> AVE S « NA vp' w. f « 1F<<fr=t'Y• «. 9fTM Av[ f ° f 6 SSTN AVE RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, regarding the vacation of an unopened alley south of Saar Street between Second and Third Avenues, as petitioned for by Corporation of the Catholic Archbishop of Seattle, the owner of at least two-thirds of the property abutting the portion of the unopened alley sought to be vacated, and setting the public hearing on the proposed street vacation for April 5, 1994. WHEREAS, a proper petition has been filed by the Corporation of the Catholic Archbishop of Seattle, owner of at least two-thirds of the property abutting an unopened alley south of Saar Street between Second and Third Avenues in the City of ' Kent, King County, Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A public hearing on the street vacation petition submitted by the Corporation of the Catholic Archbishop of Seattle (attached hereto as Exhibit A and incorporated herein by this reference) shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, April 5, 1994 in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. Section 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by law. Section 3. The Planning director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on April 5, 1994. Passed at a regular meeting of the City Council ofthe City of Kent, Washington this day of day of Concurred in by the Mayor of the City of Kent, this 1994. JIM WHITE, 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 , 1994. strtvac3.ord 2 (SEAL) BRENDA JACOBER, CITY CLERK HAIL TO: Gerald D, Mccaughan CITY OF KENT 220 so4th Ave. Kent, i4A 98032 APPLICANT: Corporation of the Catholic Archbishop as Seattle .Name: arion Sm. beartleg Wa, 98104 Ad,dress: 382-4370 Phone: -- GIiY OF KF.trI STREET AND/OR ALLEY VACATION APPLICATION AND PETITION 1:1 [i Dear 1{ayor and Kent City Council : hNU111EFTIN(i um Ne, the undersigned abutting property owners hereby respectfully request that certain f�'xt'1Q' ctr-Ip— het'eby he vacated. General Location) Legal Doscription The East eight feet of lot 126, block 9 of Yesler's First Additio 64, ng to the ry' town of Kent6, as recorded in Volume 5 of ?lots, page Note : See attached copy of Deed, BRIEF STATF.MENT IJNY VACATION 15 DEING SOWIT In order to complete King County recording showing removal of lot lines in block 9 of Yesler's First Addition to the city of Kent, in connection with he Corporation of the Catholic Archbishop proposed new church building, t of Seattle petitions the City °r tiontwill vput tontrecordpthe form of land Ieonveyance above and in return the corpo of a ten foot wide easement for sanitary sewer as outlined in the attached site plan (survey). Sufficient proof, copy of deed contract etc. supported by King County Tax thes, Without e al"CURRENT°esulrtitllei report shall betted for crequired.ation of s�ghenuCorpo ations. Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. 200' of the area Attach a Color coded map of a scale of net less than l ;minht fnr_ vnriitinn,_ I.JQTF1_ Man moot rr%rrAtnAhA_0th ------------------ ST. ANTHONY CHURCH, 310 Third Avenue South, Kent, Wa. 98032 TEL. 859-0444 -e, vrLL_� by - Rev. Pastor Rev. Peter Dugg Y EXHIBIT !k Kent City Council Meeting Date March 1 1994 Category Consent Calendar 1. SUBJECT: EVENING CLOSURE OF CITY PARKS 2.Tol—ption MARY STATEMENT: s recommended by the Parks Commit of Ordinance No, rela�'in-ahe evening c City parks E 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Parks Uommar.'-cc al" (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓111L 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 i! I! l ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the evening closure of city parks. WHEREAS, the city code currently establishes certain hours for evening closures of city parks; and WHEREAS, some of the parks within the City have - experienced criminal activity that could be minimized by establishing new closing hours and allowing for flexibility in establishing differing hours which would better match the current uses of each individual park; and WHEREAS, the City Council desires to amend the city code to allow for the establishment of new closing hours to curb criminal activity in city parks; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 4.01 of the Kent City Code entitled "Parks and Recreation" is hereby amended by amending Section 4.01.160 as follows: is Sec. 4.01.160. Hours. It is unlawful to remain in any park between -I- i. dusk and Elaylight= dawn or during those hours as otherwise posted �I by the City, except for activities authorized by the parks and recreation department. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 PASSED day of 1994. APPROVED day of 1994. PUBLISHED day of 1994. 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. parkh m ord BRENDA JACOBER, CITY CLERK 3 (SEAL) Kent City Council Meeting Date March 1, 1994 Category Consent Calendar 1. SUBJECT: ANNUAL ACCOUNTS RECEIVABLE WRITE-OFFS 2. SUMMARY STATEMENT: As recommended by the Operations Committee on Fe nary 23, authorization ie-reel�t'�.'stec� tD write-off $24 79.83 in u collected miscellaneous accounts receivables.Z Each year approximately 4.5 million dollars worth of receivables are billed by the City. This amount includes miscellaneous accounts receivable, parking citations and the current portion due on local improvement districts. Thanks to the Customer Service staff and our collection procedures5most accounts are collected. This year the request is to write-off only .5% of the total annual amount billed. The State Auditor recommends that we-_rQ*e'e uncollectible accounts annually. bC rem rnled 3. EXHIBITS: Accounts receivable, collection procedure and summary memo 4. RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO � YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 29 rA EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I MILLER,MAYENE / KENT70/FN - HPDesk print. ----------------------------------------- Subject: ANNUAL RECEIVABLE WRITE-OFF Dated: 02 18/ 94 at 0928. Creator: Mayene MILLER / KENT70/FN / TO: COUNCILMEMBERS EACH YEAR APPROXIMATELY 4.5 MILLION DOLLARS WORTH OF RECEIVABLES ARE BILLED BY THE CITY. THIS AMOUNT INCLUDES MISCELLANEOUS ACCOUNTS RECEIVABLE, PARKING CITATIONS, AND THE CURRENT PORTION DUE ON LOCAL IMPROVEMENT DISTRICTS. THANKS TO OUR CUSTOMER SERVICE STAFF AND OUR COLLECTIONS PROCEDURES, MOST ACCOUNTS ARE COLLECTED. THIS YEAR THE REQUEST IS TO WRITE-OFF $24,079.83, WHICH IS ONLY .5% OF THE TOTAL ANNUAL AMOUNT BILLED. THE STATE AUDITOR RECOMMENDS THAT WE REMOVE UNCOLLECTIBLE ACCOUNTS ANNUALLY. ATTACHED IS A MEMO SUMMARIZING THE CATEGORIES. IT ALSO DETAILS THE ACCOUNTS TO BE WRITTEN -OFF AND EXPLAINS OUR COLLECTION POLICY, INCLUDING THE PROCEDURES USED TO WHICHLHASTBEENIVERYNEFFECTIVESINTHIS INCLUES OUR COLLEDTIONHE USE F A COLLECTION AGENCY EFFORTS. AUTHORIZATION IS REQUESTED TO WRITE-OFF $24,079.83 IN UNCOLLECTIBLE ACCOUNTS FOR 1993. TO: FROM: DATE: SUBJECT: TOM VETSCH PATTY ROSETO THURSDAY, FEBRUARY 17, 1994 11 COUNCIL APPROVED WRITE-OFFS (REVISED) Each year approximately 4.5 million dollars worth of receivables are billed. This amount includes Miscellaneous Accounts Receivable, Parking Citations, and the current portion due on Local Improvement Districts. Thanks to our Customer Service staff and our current collection procedures, most City invoices are collectable. This year I am requesting that the City write-off only .5% of the City's total annual billing or $24,079.83. This uncollectible amount may be broken down into five (5) categories. (Please see the attached graph entitled "Accounts Receivable - 1993 Write-offs by Reason") The amount attributed to each category and a brief description of each category follows: Bankruptcy: Collection Agency: Dispute: LIDS: Parking Citations: $ 5,448.71 3,833.27 8,029.09 334.34 6,505.00 $24 079.83 Bankruptcy: These accounts include both corporate and individual accounts that have declared bankruptcy. The City must now wait and see if there will be a disbursement for the City from the Bankruptcy Court. (The State Auditor recommends removal of these accounts during this waiting period.) Collection Agency (Credit Management Services): This is the City's current collection agency. This is generally the last step in the collection process and these accounts have been deemed uncollectible. Dispute: This account has been in the system since 1989. The Attorney's office along with the Customer Service Department believe that significant staff time would be required to pursue this account and that it would not be cost effective. LID Is: This is an individual account where a'payment was inadvertently refunded to the owner in 1988. The property has since change ownership and the previous owner has moved to the Philippines. Parking Citations: This is for uncollected parking citations from 1991. Our policy is to remove these from the books when they are two years old. An outside collection agency has already attempted to collect on these accounts to no avail. I have attached a copy of the City's Collection Policies and along with a graph showing how this years write-off request compares to the previous two years. The final attachment is the detailed list of the accounts to be written off along with a brief description of the service that was rendered by the City. If you need additional information please let me know. Thank you. THE CITY'S COLLECTION PROCESS (Miscellaneous Invoices) I. Invoices are mailed throughout the month. Invoices are all due on the 15th (fifteenth) of the following month. II. Five (5) days after the due date, an in-house letter is sent to customers with outstanding balances. A. In some instances, the issuing department may request that we reframe from all collection efforts, in these cases a friendly reminder is sent to the issuing department reminding them of the delinquent invoice. (ie sponsorships, grants, etc.) B. For delinquent King County invoices, a copy of the delinquent invoice with "REMINDER" stamped on the top is sent to the County in lieu of a letter. C. When a phone number is available, we attempt to reach the customer directly before going to an outside agency. III. Except where specified above, invoices area re i delinquent for an additional twenty (20) days Transworld Systems (T W S). A. T W_S is a letter writing service. B. T W S sends out a series of five (5) lettersto the delinquent customer over a sixty (60) day period. C. T W S charges a flat fee of $8.45 per invoice, so it is only cost effective to send invoices that are in excess of $25.00. D. Invoices that are less than $25 are deemed uncollectible. IV. Invoices that remain delinquent after Step III are transferred to Credit Management Services (C M S). A. C M S is a collection agency. B. Invoices must be greater than $100.00. C. C M S charges a percentage of the amount collected. This amount is generally between 40%-60% of the invoiced amount. (This percentage is included in the annual Council write-offs.) D. Invoices that are less than $100 are worked in-house as time and resources permit. CITY'S COLLECTION PROCESS (Parking Tickets) I. The driver of an illegally parked vehicle will receive a ticket attached to the windshield of the illegally parked vehicle. II. Notification is mailed to the legal owner of the vehicle since the owner is not always the driver of the vehicle when the infraction occurred. A. The owner has eighteen (18) calendar days to respond to this notification. III. If payment is not received in thirty (30) days following notification of the owner, the ticket is turned over to Puget Sound Collection Agency. IV. If two (2) or more parking tickets are assessed to the same vehicle, a tag is put on the vehicle license renewal. The owner must pay these delinquent tickets before their vehicle may be relicensed. ACCOUNTS RECEIVABLE - 1993 WRITE-OFFS BY REASON Dispute (33.3%) LIDs (1.4%) Parking Citations <<i .0°1 -'<ruptcy (22.6%) CMS (15.6%) 70 50 ° 40 0 cn E :3 Q °0 3C 2C 1C C Council Requested Write -Offs 1991, 1992 & 1993 1991 1 yyz ' yU`' Year 1. SUBJECT: LIBRARY BOARD APPOINTMENT Kent City Council Meeting Date March 1, 1994 Category Consent Calendar 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Ellen Gimenez to the Kent Library Board of Trustees. Ms. Gimenez is a Kent resident and she and her husband own a business in downtown Kent. She is very interested in the Kent Library and will make a valuable addition to the Board of Trustees. Ms. Gimenez will replace Raul Ramos, who resigned /1 and her term will continue to 3/31/95- 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended [in 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: seconds Council Agenda Item No. 3J MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL ME ERS FROM: JIM WHITE, MAYOR DATE: FEBRUARY 23, 1994 SUBJECT: APPOINTMENT TO KENT LIBRARY BOARD OF TRUSTEES I have recently appointed Ellen Gimenez to serve as a member of the Kent Library Board of Trustees. Ms. Gimenez is a Kent resident and she and her husband own a business in downtown Kent. Ms. Gimenez would like to become more involved in her community and because of her interest in the Kent Library, she will be a valuable addition to the Board of Trustees. She will replace Raul Ramos, who resigned, and her term will continue to 3/31/95. I submit this for your confirmation. JW:jb Kent City Council Meeting Date March 1, 1994 Category Consent Calendar 1. SUBJECT: KING COUNTY EMERGENCY MEDICAL SERVICES FUNDS 2. SUMMARY STATEMENT: Authorization for the Mayor to sign the contract amendment with King County Emergency Medical Services. The City of Kent entered into a six-year contract with King County Emergency Medical Services to provide EMS services to our citizens in 1992. Annually a contract amendment is reached to adjust the payment amount that the City of Kent will receive. This amendment changes the amount of $604,719 in 1993 to $636,405 in 1994. 3. EXHIBITS: Contract amendment amending compensation and method of payment for 1994 in the amount of $636,405 and King County Emergency Medical Services Contract 1992-1997, signed in 1992 (this is for information only) 4. RECOMMENDED BY: Fire Administration (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended N EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3K CONTRACT AMENDMENT PROJECT NAME Basic Life Support Services AGENCY/CONTRACTOR City of Kent ADDRESS 24611 - 116th Ave. S.E. Kent, WA 98031 AMENDMENT REQUESTED BY Public Health/EMS Organizations Steven Call, Manager Name Page 1 of i Pages CONTRACT NO. D17801D DATE ENTERED 1/1/92 AMENDMENT NO 2 DATE ENTERED 2/10/94 AMENDMENT EFFECTS Scope of Services _ Method of Payment x Time of Performance _ Reliance x Compensation _ Terms and Conditic Results of Services AMEND: Section III: Compensation and Method of Payment The County shall reimburse the Agency for the satisfactory completion of services as specified in Section I in an amount not to exceed $604,719.00 in calendar year 1993 payable in the following manner;... TO READ: Section III: Compensation and Method of Payment The County shall reimburse the Agency for the satisfactory completion of services as specified in Section I in an amount not to exceed $636,405.00 in calendar year 1994 payable in the following manner;... IN WITNESS HEREOF, The parties hereto have acused this amendment to be executed and instituted on the date first above written. KING COUNTY, WASHINGTON By - Tdle Date ACKNOWLEDGEMENT & ACCEPTANr.F AGENCY/ CONTRACTOR By Tale Date Mayor DEPARTMENT/DIVISION Seattle -King County Department of Public Health Emergency Medical Services Division AGENCY Kent Fire Department PROJECT TITLE Basic Life Support Services CONTRACT AMOUNT CONTRACT PERIOD $543,501 (1992 allocation) FUND CODE 0119 January 1, 1992 TO December 31, 1997 EMERGENCY MEDICAL SERVICES CONTRACT -1992/97 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Fire Department, postal address 24611 116th Avenue S.E., Kent, Washington 98031 (the "Agency"). WHEREAS, the provision of emergency medical services on a county -wide basis is a public purpose of King County; and WHEREAS, assuring a county -wide emergency medical services program is shared by cities and fire protection districts in King County which participate in emergency medical service programs; and WHEREAS, King County has established a system of emergency medical services organized to assure the provision of out-of-hospital emergency medical care; and WHEREAS, The King County Emergency Medical Services Division is authorized by Chapter 2.26 of the King County Code to set standards for the training and examination of emergency medical service personnel, equipment and facilities in the county, including, but not limited to public education, communication and response capabilities, transportation of the sick and injured, and emergency facilities; and WHEREAS, in the November 5, 1991 General Election the voters of King County authorized King County to levy an additional regular property tax for each of the next six years to support Emergency Medical Services; NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I.SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: Exhibit 1 - Program Plan and Operating Budget AG SERVICES 92-1- Isud 11/91 Exhibit 2 - Basic Life Support Service Standards Exhibit 3 - Reporting Requirements and Expenditure Guidelines Exhibit 4 - Invoice Form II. DURATION OF CONTRACT This Contract shall commence on the 1st day of January, 1992, and for twelve months shall automatically renew from year to year until the 31st day of December, 1997, with annual amendments for budget and other purposes, unless extended or terminated earlier pursuant to the terms and conditions of the Contract. It is the intent of the parties to renew funding through December 31, 1997 by way of the annual budget. III. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements as specified in this Contract in an amount not to exceed $543,501 for 1992 payable in the following manner: B. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 10 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of correctednot reports. The County shall make payment to the Agency not more than forty-five (45) days after the appropriate invoice is received. C. The Agency shall submit its final invoice and all outstanding reports within 10 days of the date this Contract terminates. For the purpose of this subparagraph, this contract shall terminate on the 31st day of December 1997 unless otherwise terminated earlier pursuant to the provisions of this contract." If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of any and all liability for payment to the Agency of the amounts set forth in said invoice for the period the invoice is submitted. IV.OPERATING BUDGET When a budget is attached hereto as an exhibit, the Agency shall apply the funds received from the County under this Contract in accordance with said budget. The Agency shall request prior approval from the County when the cumulative within seamong the a separate ch f program efund ng source bisg expectedotoe exceed 10% of AG SERVICES 92-2- Isud 11/91 the budgeted line -item amount. Supporting documents necessary to explain fully the nature and purpose of the request must accompany each request. V.INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. VI.ESTABLISF[MENT AND MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Contract. 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 Contract. B. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any change in location within ten (10) working days of any such relocation. VII.AUDITS AND INSPECTIONS A. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. B. The Agency shall provide right of access to its facilities, including those of any subcontractor, to the County, the state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Agency in the case of fiscal audits to be conducted by the County. C. If the Agency is a municipal corporation, it shall, within 30 days of request, submit to the County a copy of its latest annual report of examination/audit, conducted AG SERVICES 92-3- Isud 11/91 by the Washington State Auditor, which submittal shall constitute compliance with subsection VII.B. VIII.EVALUATION Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. The IX.CORRECTIVE ACTION If the County determines that a breach of Contract anytehas occurred; that the Agency has failed to comply w or conditions of this Contract or has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: (1) The County will notify the Agency in writing of the nature of the breach; (2) The Agency shall respond in writing within three (3) business days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies, and the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Agency's response; (3) The County will notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The determination of the sufficiency of the Agency's corrective action plan shall be at the sole discretion of the County; (4) In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is dete may d commence by the County to be insufficient, the County termination of this Contract in whole or in part pursuant to Section XI.B; (5) In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and (6) Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI, Subsections A, B, C, D, and E. AG SERVICES 92-4- Isud 11/91 X.ASSIGNMENT/SUBCONTRACTING A. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (i) support services not related to the subject matter of this Contract, or (ii) supplies. XI.TERNINATION A. This Contract may be terminated without cause, in whole or in part, prior to the date specified above in Section II., by either party providing the other party thirty (30) days advance written notice of the termination. B. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Agency materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services or fiscal mismanagement, the Agency shall return to the County 'immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. The County may terminate this Contract in whole or in part if expected or actual funding is withdrawn, reduced or limited in anyway prior to the termination date set forth above in Section II. If the Contract is terminated as provided in this subsection: (1) the County shall be liable only for payment in accordance with the terms of this Contract for services rendered, prior to the effective date of termination; and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination, upon written notification by the County to the Agency. Isud 11/91 AG SERVICES 92-5- D. The Agency may days written material breach terminate this Contract upon seven (7) notice, should the County commit any of this Contract. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms and conditions set forth in this Contract are breached by the other party. XII.FUTIIRE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. Any County obligation, which is established by this contract, which extends beyond a current appropriation by the King County Council, is specifically conditioned upon and may be enforced only if and to the extent that the King County Council subsequently appropriates sufficient funds to support the activities described in this contract. XIII.HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Agency is an independent contractor, and neither it nor its officers, agents or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits or taxes to, or on behalf of the Agency, its employees and/or others by reason of this Contract. The Agency shall protect, indemnify and save harmless the County and the State of Washington, (when any funds for this Contract are provided by the State of Washington), their officers, agents and employees from and against any and all claims, costs and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits or taxes; and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or in support of the performance of this Contract. B. The Agency further agrees that it is financially responsible for and will repay the County all indicated AG SERVICES 92-6- Isud 11/91 amounts following an audit exception which occurs due to the negligence, intentional act and/or failure for any reason to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract, or the Termination section. C. The Agency shall protect, defend, indemnify, and save harmless the County, and the State of Washington (when any funds for this Contract are provided by the State of Washington), their officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Agency, its officers, employees, and/or agents. The Agency agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgement, award and/or cost arising therefrom including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency. The County will protect, defend, indemnify, and save harmless the Agency, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that the obligation to indemnify, defend, and hold harmless the Agency and its agents and employees under this subparagraph extends to any claim, demand or cause of action brought by or in behalf of any employee of the County, against the Agency, its officers, agents, or employees and includes any judgement, award, and cost arising therefrom, including attorneys' fees. Claims shall include, but not be that use or transfer of software, film, tape, or sound reproduction delivered hereunder, constitutes copyright, patent, trademark, otherwise results in unfair trade Isud 11/91 AG SERVICES 92-7- limited to, assertions book, document, report, or material of any kind an infringement of any trade name, and/or practice. D. Insurance Requirements: By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The cost of such insurance shall be paid by the Agency. For All Coverages: Each insurance policy shall be written on an "Occurrence" form; excepting that insurance for Professional Liability, Errors & Omissions may be acceptable on a "claims made" form. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: (a) General Liability: Insurance Services Office form (GL 0002 Ed. 1- 73) covering COMPREHENSIVE QMNZNAL MIAR.6"Ah i and Insurance Services Office form number (GL 0404 Ed. 5-81) covering BROAD FORM CoMpREHENSIVE GENERAL LIABILITY ENDORSE=; -or- Insurance Services Office form number (CG 00 01 Ed. 11-88) covering 9OBi0=11AL GENERAL LIABILITY. (b) Professional Liability: Professional Liability, Errors and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors and Omissions coverage shall be provided. "Professional Services," for the purpose of this Contract section, shall mean any services provided by a licensed professional. (c) Automobile Liability: In the event that services delivered pursuant to this Contract involve the transportation of clients. Insurance Services Office form number (CA 00 01 Ed. 12- 90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 8, and/or 9; and Insurance Services Office form number (CA 00 25 Ed. 1-86) Changes Endorsement. AG SERVICES 92-8- Isud 11/91 2. 3. 4. (d) Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable Federal or "Other States" State law. Minimum Limits of Insurance The Agency shall maintain minimum limits no less than, for: (a) General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury and property damage. (b) Professional Liability, Errors and Omissions: $1,000,000. (c) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (d) Workers' Compensation: Statutory requirements of the State of residency. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. At the option of the County, the insured shall instruct the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials and employees. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) The County, its officers, officials, employees, and agents are to be covered as insureds under this policy as respects: liability arising out of activities performed by or on behalf of the Agency in connection with this Contract. Isud 11/91 AG SERVICES 92-9- (2) To the extent of the Agency's negligence, the Agency's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self- insurance maintained by the County, its officers, officials, employees, or agents shall not contribute with the Named Insured's insurance or benefit the Named Insured in any way. (3) The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b) All Policies Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits until after forty five (45) days prior written notice, return receipt requested, has been given to the County. 5. Acceptability of Insurers Unless otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors and omissions insurance may be placed with insurers with aBests' rating of B+VII. Any exception must be appo d by King County. If at any time the foregoing policies shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. 6. Verification of Coverage The Agency shall furnish the County with verification of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage AG SERVICES 92-10- Isud 11/91 on its behalf. The certificates and endorsements for each insurance policy are to be on forms provided or approved by the County prior to the commencement of activities associated with this Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. 7. Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. B. Municipal or State Agency Provisions If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. XIV.NONDISCRIMINATION The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which prohibit such discrimination. These laws include, but are not limited to, RCW 49.60, Titles VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Executive Order 11246 issued by the President of the United States and Executive Order 2001-R issued by the County Executive. XV.CONFLICT OF INTEREST A. The Agency covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Agency shall take appropriate steps to assure compliance with this provision. B. If the Agency violates the provisions of Subsection XV.A or does not disclose other interests, required to be disclosed pursuant to King County Code, Chapter 3.04, the County shall not be liable for payment for services rendered pursuant to this Contract. Violation of this AG SERVICES 92-11- Isud 11/91 section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section XI. above as well as any other right or remedy provided by this Contract or law. XVI.POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XVII.EQUIPMENT PURCHASE, MAINTENANCE AND OWNERSHIP A. The Agency agrees that any equipment purchased in whole or in part with Contract funds is upon its purchase sed for receipt the property of the Agency and shall be the purpose set forth in this Contract. B. The Agency shall be responsible for all equipment purchased in whole or in part with funds received under this Contract, including proper care and maintenance of the equipment. C. The Agency agrees that proceeds resulting from the sale of equipment purchased in whole or in part with funds received under this Contract shall be used for the provision of emergency medical services, as set forth in this Contract. D. The Agency shall not assign any equipment purchased in whole or in part with Contract funds to any other entity without the written consent of the County. In the event that the Agency ceases to perform the services which are the subject of this Contract, dis incorporates, dissolve or in any manner ceases to provide services pursuant to this Contract, any equipment purchased in whole or in part with Contract funds shall not be assigned, leased, subleased, sold, donated or in any other manner disposed of without the prior written consent of the County unless otherwise provided by law. XVIII.NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing; and B. Directed to the chief executive officer of the Agency and the Director/Manager of the County Department/Division specified on page 1 of this Contract. AG SERVICES 92-12- Isud 11/91 Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIX.PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from work described herein, all rights accruing from such material or article shall be the sole property of the Agency. The Agency agrees to and does hereby grant to the County, irrevocable, nonexclusive and royalty -free license to use, according to law, any material or article and use any method that may be developed as a part of the work under the Contract. The foregoing license shall not apply to existing training materials, consulting aids, checklists and other materials and documents of the Agency which are modified for use in the performance of the Contract. XX.CHANGES Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXI.RING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. If the cost of recycled paper is more than fifteen percent higher than the cost of non -recycled paper, the Agency shall notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. XXII.ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Contract 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 the County, which shall be attached to the original Contract. Isud 11/91 AG SERVICES 92-13- COUNTY: FOR Signat Name JUL 2 81992 Date ATTEST: 1� 414UDIo for Director Department of Executive Administration Isud 11/91 AGENCY: Signatur Daniel P. Kelleher Name Mayor Title July 9, 1992 Date Approved as to Form NORM MALENG King County Prosecuting Attorney See attached letter Deputy Prosecuting Attorney AG SERVICES 92-14- Kent City Council Meeting Date March 11994 Category Consent Calendar 1, SUBJECT: LINDENTAL MEADOWS - AMENDMENT TO BILL OF SALE 2. S Y ST TEMEl s recommended_hy- the, Publlc-WGr4k Di ctor, uthorization t delete acceptance of that portion of the bill of sale denoting 2 336 feet of storm sewers and 740 feet of street improvements The location of these improvements lie within King County jurisdiction. 3. EXHIBITS: Vicinity map and excerpt from Council Minutes 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES�---� FISCALIPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3L February 1, 1994 PUBLIC encouraged all citizens to join him in this COMMUNICATION observance, and presented the proclamation to Lola Kimmel of the Lakota Chapter. Introduction of Mayor's Appointees Mayor White introduced Carl Hart, Carol McPherson, Ron Banister, Dee Moschel, Constance Stockton and Melvin Tate, who have recently been appointed to various Boards and Commissions. Regional Justice Center Update. Wendy Keller, Project Manager, presented a model of the site and pointed out the parking areas. She noted that the parking study has been completed and that proposed parking on the site is for 700 cars. She added that the study has been turned over to the City for review. She pointed out that the highest use impact at the building's full use would be 704 people on the site at 1:30 p.m. and clarified for Clark that this figure includes everyone, not just staff. She noted that the County will be very busy in March on the design of this project, that a demolition plan and SEPA checklist will most likely be submitted to the City's technical staff within two weeks, and that remediation bids are due in two weeks. CONSENT BENNETT MOVED that Consent Calendar Items A CALENDAR through L be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of January 18, 1994. HEALTH & (CONSENT CALENDAR - ITEM 3K) SANITATION Lindental Meadows. AUTHORIZATION to accept the bill of sale and warranty agreement submitted by William E. Ruth for continuous operation and maintenance of 1,086 feet of watermain, 2,070 feet of sanitary sewer, 2,336 feet of storm sewer and 740 feet of street improvements and release of bonds after expiration of the main- tenance period, as recommended by the Public Works Committee. The project is in the vicinity of 114th Avenue SE & SE 265th Street. 3 ., ST Z i CLAHK SE 244TH 0 L.1h't: O W W N 1 1 W SE SE 248TH ST l 1 W W W > W N V) h < W S f W SE 251 SI E 2�OTH SS SE 2YST W N > < .F W < > P- sE zszHD ST SE y SE 252ND PLS /.!•T.5- EAST HELL _ t s SE 253RCF ST CENTER W SE 252ND N fo J ~ N ST 1 < W SE 254TH rl. a $�5 .H < = _ s .. W n SE .T—MERIDIAN 1, SCHOOL /� > _•� SE 256TH ST - E 25 W 29 I 28 N 'a < S� ST s 2��rHKENT' HOOL STRI �57111 y ADMINISTRATION LDG. SE 26P� — � N _h sE 597H SE 260TH ST SE 260TH OLE.Y �ti. ST 9�H�TH PL ST �`�� O) t c SE 261ST ST > < F' ate N 7 - $ W / SEQUOIA Fk) JR. H1. Q N � SCHOOL � �(7' A�tni P•iCT1 \ SE 264TH O ST F\ iplf� JO \ v 3R sE 264THST sE 26 SE 2647H G -T -y /MlTS`=` S 2 516 .t / SE 265TH a� W '. SE 2fibT PL - < ` 3T PROJECT- LOCATION _ SE 267TH \ f S a SE 268TH 8THJ< •' _ 1138TH P� 3T ~< > < E .r, SE 270TH $T \ a SE 270THPIL W H •• ' y `�'� SE 2715T S7 m J W Q .r. 29 28 SE ~ 272ND ST n SE 272ND ST 2N W W 32 W G 271 17 \e O N I 274TH ST s < < SE 2i6T1 sE n 274TH ST r FA Kent City Council Meeting Date March 1, 1994 Category Other Business 1. SUBJECT: LID 343 - 111TH AVENUE SE STREET IMPROVEMENTS, KENT-KANGLEY TO SEQUOIA JUNIOR HIGH 2. SUMMARY STATEMENT: On February 15th)"Council held a public hearing on the formation of LID 343, 111th Ave. S.E. Street Improvements project. Upon closing the public hearinglaction _t:here .. was tabled and staff was directed to bring back -bo--th s' a cost estimate to construct just a concrete sidewalk on 111th Avenue. 'Pigs Public Works Director -w� eket 3. EXHIBITS: Public Works Director memorandum and vicinity map 4. RECOMMENDED BY: Council Action (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended r/ n EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds not to form LID #343 and direct staff to proceed with the installation of ---L- - shoulder widening] --as outlined in the Public Works Director's memo. DISCUSSION: ACTION: Council Agenda Item No. 4A DEPARTMENT OF PUBLIC WORKS MARCH 1, 1994 TO: Mayor & City Council FROM: Don Wickstrom & RE: LID #343, 111th Avenue Street Improvement As reflected in the attached, the estimated cost to construct a concrete sidewalk on 111th Avenue is $18,000. In doing so, we looked at an alternative of widening the street pavement to accommodate a 6 foot wide paved shoulder on each side thereof. The estimated cost for same as reflected in the attached is $31,000. While either can be done, the Public Works Department recommends the widened shoulder alternative. Our basis for same, even though it is more costly, is that it fits with the ultimate improvement of the road, while in addition thereto, provides a walking path on both sides thereof. Under this alternative, the existing pavement would be widened to 36 feet (same as anticipated in the LID) and then striped for two lanes leaving 6 foot shoulders on each side. Under the sidewalk scenario, our experience dictates that the sidewalk will probably be wasted either in that it won't fit with the ultimate design, due to drainage concerns, or it will get physically damaged during road construction activities. In any event, the money spent thereon should be considered lost. COST ESTIMATE Project: U I-rN 4'J C- SE lmp Date: �/0v�9`� Subject: BY: /QPM Remarks: 51DGw4Lk AZ'rER/vATIu'E Item No. Descrip 2 Ek CAUAT 10 -IJ r, C paCRCTC S 3 �R VSHCD Su2fi TOP c,�,j R=e y A1sc L"Neooz LAu�SCA PING /�gISCE1_LA/JC-OVS LANQS�-APC 4F -S" Zo% E�Gn 1DEWAlI< Ci NG :moyA L- PiF'C- L;RA7roIJ Cost �ISoo Itsoo �lSGd Project: Ill -r-;q Subject: COST ESTIMATE V E. SE /M P Date: �)IDY/Qy By: mPM Remarks: gc)AD (--)'bC'JWG Fob pebES'rRiAN SANE Item No. Description Quantity Unit Price Cost i Cxc�4 vATi o �1 2s� 3-7 S-0 gSP14ALi PAVCMC/VT IbO TONS I �GU/TonJ0000 3 S CRU5HC� F,ocK GRAVCL QA SE !I�l�ROSFEI��NG ]SO TONS/LI 300 TONS G.ZZ> 10 , .S -C)0 I�" ccAC. R PC 3o L.( '63o/t r 3400 % REC-6CA?C Fi2E hVZQAQ? WMr auh �JO X00 g PAVE MEvT S-72(PiAJG I 1300 L.E ;50.7-0A,F aGO 5ul3 oTAL 1122.560 707AL Co �S�RUCT o� 'g S 9 SO �C/o CNC-�n,'EER�NG SU2v �, wSPEC�o�/, �`C S 140 ToTa L P eo�CcT T7 ry0 c� s c 1 J F F m O 3 ei � N Y U � M � 3 a a Y3O��liS � ,Z.2i Y3 ainnrii ,9 Z I a l I I I u I Ila I t IIW I Iw � I I m DEPARTMENT OF PUBLIC WORKS February 11, 1994 TO: Mayor White & C'ty Council FROM: Don Wickstro , Director of Public Works RE: LID 343 - 111th Ave SE Street Improvements (Kent-Kangley Rd. to Sequoia Jr. High) BACKGROUND The City of Kent has received a request for the installation of sidewalk on 111th Ave SE leading to Sequoia Junior High School. The Council's Public Works Committee has directed staff to proceed with the formation of a Local Improvement District (LID) for the construction and financing of the necessary street improvements and sidewalks. A property owner meeting was held July 28, 1993 to discuss the proposal. The City is proposing to fund a portion of the project cost with the remaining funds being provided by the formation of Local Improvement District,(LID). Therefore, Resolution No. 1382 was adopted by City Council on January 18, 1994 establishing February 15, 1994 for the public hearing on the formation of LID 343. PROPOSED IMPROVEMENTS The project consists of upgrading the roadway to City Standards including the following features: . 1. 36 feet wide road curb to curb (pavement widening as necessary). 2. Curb and gutter. 3. Sidewalks both sides adjacent to curb (6.5 wide cement concrete). 4. Drainage improvements. 5. Relocation of utilities and other improvements as required. 6. Asphalt overlay of existing pavement. 7. Channelization and signing. 8. Driveways constructed in the curb and sidewalk at existing driveways. 9. Street lighting on power poles. PROJECT FUNDING The total estimated cost for the construction of the proposed project including engineering, survey, construction inspection and LID costs and associated bonding costs is $141,512.14. This figure also includes a 10% construction contingency factor. The City is proposing to fund 30% of the project total which based on the cost estimate is $39,138.00. The balance of $91,322.00 shall be funded by the LID. LID bonding and associated costs are estimated at $11,052.14. This gives an LID assessment total of $102,374.14. ASSESSMENT METHOD The LID cost is distributed to the properties located on this section of 111th Avenue based on front footage along the roadway. Most of the properties are obligated by covenant to install the improvements across their frontage. Without and LID, each property would be faced with the cost of half of the street for the length of the property. Therefore with the LID, the front footage method gives a similar cost distribution. NEED FOR IMPROVEMENT The properties adjacent to the project are zoned office. Also a school is located at the end of 111th Ave SE. As such, substantial pedestrian traffic is generated. City Standards therefore require that City streets such as this, have sidewalks to address the pedestrian traffic. Sidewalks and other street improvements are required to bring 111th Avenue up to current City Standards. This need has been recognized for many years. Various properties within the LID have been required to execute no protest LID covenants for street improvements including sidewalks upon obtaining various development permits. Currently there are covenants representing 79.70% of the LID which includes 5 of the 6 properties involved. SUPPORT FOR LID As stated above, property owners representing 70.70% of the LID assessments are committed to this LID via LID no protest covenants. Since it takes only 40% support to allow an LID to be formed, Council thus has the option of proceeding with the project based on the covenants. 2 ENVIRONMENTAL The Engineering Department has received a determination of non- significance from the Planning Department. PAYMENT OF ASSESSMENT Upon council passing, the ordinance confirming the final assessment roll (after completion of the construction), there is a 3o -day period in which any portion or all of the assessment can be paid without interest charges. After the 3o -day period, the balance is paid over a ten year period wherein each year's payment is 1/10th of the principal plus interest on the unpaid balance. The interest will be what the market dictates. T1964 3 w w y cc SE 246TH ST 0 0 — cc Iliaru Q w w y cc :2N0 ST 0 SCHOOL � I •,F• / SE 244TH ST LU a - CD 0 SC 2SJ IH SE 260TH Si PL SE 264TH STI 2L' N Sa 267TH ST 268 TNI �. _ � _ . �� ` > �SE '68TH Si 'se zsarn it \ •\ \��\. ac G6?TH H ST 6E 27�ST T VICINITY MAP SE 271ssr L.I.D. 343 -111TH AVE. STREET IMPROVEMEN (KENT—KANGLEY RD. TO SEQUOIA JR. HIGH) z2:'�rrur, I ItlI1J4Y1HlRF1J ,�\ r /r^ '-\ I I I I a, \ /Vc i rI,• Cr \zr:'f 9nc i :;: zo;nig, i 13 i + oa]¢+auras ` •�I,t ' �� I ] i � eo3waeaez _-_ -9 f n = T I L.LD.BOUNDARY y He B da La I ! 99Je.f22za = \ \ r I'fT3 V n 7T.. 1...11T�iftr �iYIY1MIIR7 fItilT 111TH AVE. STREET IMPROVEMENT (KENT-KANGLEY ROAD TO SEQUOIA JR. HIGH) JUNE 30, 1993 9e3z•zr-=a oa]ac -,o zH593wI —"- r r = E-- PROJECT r LOCATION r I p 'a . r i r r — z9azl r T------ = O L.I.D. ASSESSMENT NUMBER —" i r TAX LOT NUMBER a99]B] ir r r r r r r * L.I.D. COVENANT = � 91Ht w r r ___. __—__ !lfiH!!ti'H!H!N!1►!H I1 H}H!!1!1"Its 11I flitf!tf1111"11 r""! 1TTii r" tit to 1111__—_ 1 \. PROPOSED L.I.D. 111TH AVE. STREET IMPROVEMENT (KENT-KANGLEY ROAD TO SEQUOIA JR. HIGH) JUNE 30, 1993 9e3z•zr-=a oa]ac -,o CONTINUED COMMUNICATIONS A. Rv Im C. R E P O R T S COUNCIL PRESID OPERATIONS COMMITTE PUBLIC WORKS COMMITTE D. PLANNING E. PUBLIC SAFETY COMMITTE F. PARKS COMMITT G. ADMINISTRATIVE REPORT OPERATIONS COMMITTEE MINUTES February 9, 1994 COMMITTEE MEMBERS PRESENT: Jon Johnson, Christi Houser, Leona Orr STAFF PRESENT: Ken Chatwin, Lauri Evezich, Charlie Lindsey, Brent McFall, May Miller, Kelh O'Donnell, Scott Woods MEMBERS OF THE PUBLIC: None The meeting was called to order at 9:02 a.m. by Chairperson Johnson. Approval of Vouchers All claims for the periods ending January 13, 1994 and January 14, 1994 in the amounts of $1,132,158.28 and $276,326.78 respectively and all claims for the periods ending January 28, 1994 and January 31, 1994 in the amounts of $1,917,096.79 and $1,273,848.98 respectively. Animal Control Interlocal A¢reement and Ordinance Assistant City Attorney Laurie Evezich informed the Committee that the City has not amended our Animal Control Ordinance since 1986. While King County has enacted mandatory spay/neuter fees with an increase of approximately 40%. The City has not had a contract for the previous year. The City of Kent is obligated under the interlocal agreement to pass an ordinance consistent with the County Code regarding fees, etc. King County has repealed the mandatory sale of animals for research. The City Code has been updated to reflect these changes. Johnson asked if there were any questions. Houser moved to approve the Interlocal Agreement and Kent City Code for animal control to be forwarded to Council, Orr seconded and the motion passed 3-0. Citv Hall Remodel Update - Verbal Report Committee on the plans for the current remodel. McFall Director of Operations Brent McFall updated the noted that the remodel of the former police wing was begun with ambiguous space utilization plans. He reviewed the current plans which include the City Attorney moving to the third floor south wing. Administration, including the Mayor's Office and City Clerk, moving to the second floor south wing. Some partitions and walls will be required to accommodate this move. Human Resources will move out of the north wing to give more space to Information Services. The third floor north wing will be remodeled when vacant and Human Resources will be moved into the former attorney area with the balance of the wing to portions of Finance that do not have high public contact such as payroll and accounting. McFall stated that these plans should give good operating space to the departments and can be done within budget with some change orders for the Mayor and Director of Operations office walls. McFall informed the Committee that the recreation staff at the Commons is being considered for a move back to the fourth floor of City Hall which would free up the game room at the Commons for possible teen activity. McFall distributed a layout for a proposed change to the City Council Chamber. McFall explained that the dais currently has no room for councilmembers to get in and out as well as a problem with the ventilation. The proposed changes would add 2'/s feet behind the Council alleviating these problems as well as meeting ADA requirements. These changes would also benefit the any boards and commissions using the chambers. In addition, the brick behind the Council does not provide a good backdrop for broadcast of Council meetings on TV. A neutral fabric or drywall would be added below the artwork as a backdrop for TV. 1 McFall estimated that the cost for these changes to the dais would be less than $10,000 and could be done in March since there are five Tuesdays. McFall asked if the Council would be interested in pursuing this, if so Administration would get a formal estimate. During discussion, Orr asked how this would be pais for. McFall replied that there is currently $50,000 unappropriated in the Capital Facilities Project. After"' further discussion of the above items, Houser moved to authorize Administration to proceed in obtaining a firm estimate on the remodel of the Council Chamber dais and ramp. Orr seconded the motion which garding staff reaction to carpet glue used in the remodel. passed unanimously. A discussion followed re Added Item Updated Worker's Compensation Ordinance Finance Manager May Miller presented the subject ordinance explaining that the City is currently paying Scott Wetzel, a third party administrator, to process the Worker's Compensation claims and checks but have been doing a portion of the bookkeeping at the City. Miller proposed that the total operation be moved to Wetzel with a daily check register being provided to the City. In order to do this, an increase in the Worker's Compensation Bank Account from $2,000 to $20,000 is necessary. Miller noted that the draft ordinance may need some minor adjustments. Evezich noted minor adjustments are needed adding a severability clause and to correct section 1 noting this is codified in the Kent City Code. Orr moved to recommended approval of the ordinance with the noted corrections. Houser seconded and the motion carried 3-0. Meeting Date and Time Johnson asked the Committees preference for meeting time. The meeting time was set for the second and fourth Wednesdays at 9:30 a.m. pending Houser being able to adjust her work schedule. Jon Johnson adjourned the meeting at 9:30 a.m. 2 KENT PLANNING COMMISSION MINUTES November 8, 1993 The meeting of the Kent Planning Commission was called to order by Acting Chair Heineman at 7:00 pm on November 8, 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Edward Heineman, Jr. Gwen Dahle Kenneth Dozier Bob MacIssac Kent Morrill Janet Nuss PLANNING COMMISSION MEMBER ABSENT: Albert Haylor Christopher Grant Raymond Ward PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Planner Matt Jackson, Planner Chris Holden, Recording Secretary OTHER STAFF MEMBERS PRESENT: Bill Wolinski, Public Works APPROVAL OF OCTOBER 25 1993 MINUTES The MOTION was made to accept the October 25, 1993 minutes as presented. The motion was SECONDED. Motion CARRIED. OTHER COMMUNICATIONS/MEETINGS Mr. Harris mentioned the Planning Commissioners are invited to attend a meeting on November 30, 1993, a Capital Facilities seminar with the City Council will be held from 5 PM to 9 PM. The following continued hearings were for Planning Commission deliberation and recommendation to the City Council exclusively. 1 Planning Commission - Minutes November 8, 1993 #CPA -93-2 CHESTNUT RIDGE A continuation from October 25, 1993 concerning the initial Comprehensive Plan land use designations for the Chestnut Ridge Annexation Area. The area is bounded by S. 200th Street on the north, 100th Avenue S. on the east, S. 208th Street on the south and 92nd Avenue S. on the west. City staff is recommending th 20at the area be designated as SF 6, Single Family, Street and SF 1, Single Family, south of 208th Street. Chair Nuss made a MOTION that the Alternative #1 be approved. MOTION died for lack of a second. A observation was made that due to the steepness of the area as well as the desire of the majority of residents in the area to preserve the current status quo, Alternative 1 should be approved. In opposition, another comment was made that the zoning should be changed to allow cluster housing. There would still be less density, but the property owner would be able to obtain a reasonable return on the property. Further discussion mentioned that since the City of Kent already has a large portion of its housing in multifamily, no further multifamily zoning should be considered. It was mentioned that allowing cluster housing to be constructed in this area, would help preserve a green belt and well as help alleviate some of the drainage problems in the area. It was MOVED and SECONDED that Alternative 1 BE sent to the City Council for final approval. MOTION CARRIED. Mr. Satterstrom asked if the single-family overlay would be considered for this area. Chair Heineman thought it was included in the Planning Commission's recommendation to the City Council. Commissioner Dozier asked if a modification could be made to allow cluster housing in this area. Mr. Harris stated the City does not have a cluster housing ordinance. Further, a Planned Unit Development housing can only be considered in multifamily zoned areas. AZ -93-1 UHtb-1-N U1 tnluvn � I''''"l - -- -• The previous hearing of October 25, 1993 concerning the land use zoning for the newly annexed area of Kent. This area, which is approximately 187 acres, is generally bounded by S. 200th Street to the north, S. 208th Street to the south, 92nd Avenue S. to the west, and 100th Avenue S. to the east. Subsequent to the annexation of the area by the City, the entire area was zoned R1-20, Single -Family Residential, pursuant to Section 2 Planning Minutes November Commission 8, 1993 15.03.020(E)(2) of the Kent Zoning Code. The purpose of this process is to establish initial zoning for the annexation area, as outlined in Section 15.09.055 of the zoning Code. Chair Heineman asked that Alternative 2 view foil be shown. This alternative recommends R1-7.2 for the area north of S. 208th Street and R1-12 for the area south of 208th Street. Under King County, a portion of the area was zoned as Growth Reserve, 1 lot per 5 acres until the end of 1994 and then the zoning would become RS -5000. Alternative 3 recommended MRD, Duplex Multifamily, for the around south of 208th and a portion to the north of S. 208th; R1-7.2, Single Family Residential, between S. 208th and S. 202nd and north of S. 202nd, R1-5.0, Single Family Residential. Mr. O'Neill explained that the previous County zoning was RS -9600. A property owner, while still under King County jurisdiction, applied for both a subdivision and a planned unit development. At this point, the subdivision is vested. The Planned Unit Development application is not vested. Alternative 1 proposes that the overall density remain the same, R1-9.6. MOTION MADE and SECONDED to accept zoning Alternative 1. MOTION PASSED. This matter will go to City Council on November 16 and be schedule two public hearings, 30 days apart. Two dates have been set for December 7, 1993 and January 18, 1994. MOTION MADE and SECONDED to adjourn the public hearing at 7:40 PM. MOTION PASSED. Respectfully submitted, Jame Harris, Recording Secretary 3 MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING FEBRUARY 71 1994 PRESENT: Jim Bennett, Chair Tim Clark Christi Houser Mayor Jim White Arthur Martin Chief Ed Crawford Chief Norm Angelo Roger Lubovich Laurie Evezich May Miller Russ Stringham Connie Epperly Jean Parietti Meeting called to order by Chairman Bennett at 5:30 P.M. .08 DRINKING DRIVING ORDINANCE - Added Item Mayor White submitted a copy of a .08 Drinking Driving ordinance for consideration, with no action being requested at this time. White explained that several of the surrounding jurisdictions have this ordinance, and in trying to keep things equal and easier for the courts, he feels it's an issue that needs to be addressed. Christi Houser commented that this has been an item of discussion with the Drinking Driver Task Force, and is an issue that is going through the legislature. Roger Lubovich asked the he be able to do some research on the issue prior to further discussion. .08 DRINKING DRIVING ORDINANCE TO BE BROUGHT BACK TO NEXT MEETING FOR FURTHER DISCUSSION. PROPOSED CURFEW ORDINANCE Bennett explained that the curfew ordinance was initially presented to the City by Russ Stringham and Connie Epperly, and has been revised a couple of times after review by the City Attorney and Chief Crawford. Bennett further explained this is also an issue being looked at at the state level through the Youth Crimes Bill, and has to be out of the House by February 15. Russ Stringham explained this was a frequent issue brought to their attention through the course of doorbelling when running for office last year. Therefore, after the formation of the Citizen's Lobby Against More Politics, it was decided this would be the first issue to be addressed. They gathered information from other areas all over the country, and subsequently patterned their original proposal after the Dallas, Texas, ordinance, which has survived its initial court challenge. However, they found that as the statutes currently read in the State of Washington, if its not illegal for an adult, it cannot be made illegal for a juvenile. After some hard work and research by Lubovich, the ordinance was rewritten to be a parental responsibility ordinance, meaning that it is illegal for the parent to allow that juvenile to be out during the specified period of time. This would be handled as a civil offense rather than a criminal offense, with fines of $100, and would be processed very similar to a traffic violation. Stringham stated this gives the police department an additional tool to use in getting the kids off the streets, and if we don't begin reacting now, the problem will continue to get worse, Stringham further stated this appears to be what the citizens want and the majority of the police officers they have talked with are supportive as long as it is not too cumbersome operationally and administratively. Epperly added that she feels this would also be an excellent tool for parents. Lubovich explained some of the history of curfew ordinances, and indicated that until the legislature does something with regard to curfews, cities are going to have a hard time with curfew ordinances. That's why a many of cities have adopted the concept of a parental responsibility ordinance, and he explained some of the particulars of this type of ordinance. Tim Clark moved to table consideration, pending the outcome of the Washington State Legislative Session currently dealing with juvenile justice issues, explaining that he felt it is prudent in government to efficiently use your resources, and for Kent to try and codify something which could simply no longer be in effect 30 day later was wasteful. Motion seconded by Christi Houser, and expressed that she would like to see this go state-wide. Bennett stated that he has done some research on this issue, and feels the parental responsibility portion is the most important part. He further indicated that he did not wish to table the issue, however, would agree to "defer" consideration until the Legislative Session was over. Clark explained that was his intent, and would accept as a friendly amendment. Motion amended to defer consideration of this issue, pending the outcome of the Washington State Legislative Session currently dealing with juvenile justice issues. MOTION PASSED 3 - 0. MEETING TIME AND DATE Public Safety Committee will now meet on the third Tuesday of each month at 4:30 p.m., and reserves the right to call a special meeting on the first Tuesday at 4:30 if necessary. Meeting Adjourned at 6:07 p.m.