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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/04/1994City of Kent City Council Meeting Agenda 2 61 Mayor Jim White Council Members Judy Woods, President Jim Bennett Paul Mann Christi Houser Tim Clark Jon Johnson January 4, 1994 Office of the City Clerk MAYOR: Jim White Jim Bennett Paul Mann SUMMARY AGENDA KENT CITY COUNCIL MEETING January 4, 1994 Council Chambers 7:00 P.M. COUNCILMEMBERS: Christi Houser Tim Clark CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. Oath of Office B. Proclamation - Rae Reitan C. Employee of the Month D. Regional Justice Center Update Judy Woods Jon Johnson 2. PUBLIC HEARINGS A. LID 344 - Traffic Signal at 108th & 240th B. Everson Annexation 231st Street (Landing Way) Street Vacation STV -94-1 C. S. (Primary Hearing will be January 18, 1994) 3. CONSENT CALENDAR A. Approval of Minutes B. C. Approval of Bills Stay Out of Areas of Prostitution (SOAP) Ordinance D. Dep rtrent Medical Physicals - Contract C �e b 5 ev-NCe - 6 e n n e-tt 4. OTHER BUSINESS LID 343 - Street Improvements on 111th Avenue S.E. A. (Sequoia Sidewalks) - Resolution to Create and Set B. Hearing Date Sister City Affiliation Policy - Resolution C. Election of Council President Deve}ppment Permit Applications - Ordinance D. Vesting of )E'. D� 5. BIDS None 6. CONTINUED COMMUNICATIONS 7. REPORTS **** EXECUTIVE SESSION - Property Acquisition 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 1-800-833-6388 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) Oath of Office - Mayor and Councilmembers B) Proclamation - Rae Reitan C) Employee of the Month D) Regional Justice Center Update a„ V,a a.J ,tea• 'j4 Kent City Council Meeting Date January--!., 1994 Category Public Hearings J 1. SUBJECT: LID 344 - TRAFFIC SIGNAL AT 108TH & 240TH 2. SUMMARY STATEMENT: This date has been set as the public hearing for LID 344, Southeast 240th Street & 108th Avenue Southeast Traffic Signal. The Public Works Director will give a brief description of the project, along with other pertinent information. 3. EXHIBITS: Memorandum form Public Works Director and vicinity map 4. RECOMMENDED BY: Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: 11 PUBLIC INPUT: CLOSE HEARING: W &P 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds adoption of Ordi ce No. creating LID 344, or the installation of traffic signal at SE 240th St. & 108th Ave. SE. DISCUSSION: ACTION• Ak L 344, Council Agenda Item No. 2A DEPARTMENT OF PUBLIC WORKS TO: Mayor and City Council FROM: Don Wickstrom`n`; Director of Public Works RE: LID 344 - SE 240th St. and 108th Ave. SE Traffic Signal Background Due to a recent accident and other accidents at the above referenced intersection, several petitions from nearby residents were submitted to the City requesting the installation of a traffic signal. City staff has reviewed the signal warrant criteria at the subject intersection and find that sufficient warrants are met. Therefore the staff and the City Council's Public Works Committee have unanimously agreed to pursue the traffic signal installation. The City is proposing to fund a portion of the project cost with the remaining funds being provided by the formation of a Local Improvement District (LID) . Therefore Resolution No. 1376 was adopted by City Counail-on December, 1993 establishing January 4, 1993 for the public hearing on the formation of LID 344. Proposed Improvements The project consists of the installation of a fully actuated 8 - phase traffic signal with pedestrian detection and crossing indications at the intersection of SE 240th St. and 108th Ave. SE. Project Funding The total estimated cost for the construction of the proposed project including engineering, survey, and construction inspection is $140,000. LID bonding and associated costs add an additional $10,197.21 bringing the grand total to $150,197.21. The City is proposing to fund $79,006.45 of the project total. The balance of $71,702.75 shall be funded by the LID. Committee agreed to the establishment of a project budget including transferring the remaining funds from the 104th/260th signal project ($67,337). The remaining City funds of $11,669.45 will come from the James St. Safety Improvement budget. Method of Assessment An LID assessment boundary was established which includes properties which utilize 108th Ave SE for ingress and egress to SE 240th St. The total LID c®st is distributed over these properties based on a zone and termini method as specifically authorized under State law. Under this zone and termini method, 8 zone lines 200 feet apart were established on a radial basis from the signal. The first zone has a weighing factor of 8, the second zone a factor of 7 and so on out to the eighth zone with a factor of 1. The square footage is weighed by multiplying it by these factors. Some properties are included in more than one zone so the square footage within each zone for each parcel is weighted accordingly. This varying assessment rate per square foot was used to account for the reduction in benefit from the signal improvement the properties receive as the distance from the signal increases. Other factors affecting the distribution are as described below: 1, One half of the cost is distributed north of the intersection and the other one half south of the intersection. Bonding costs area added to this amount separately for north and south sides due to the difference number of parcels. 2. The assessment distribution is based on square footage of property. A wetland exists on assessment #14. The ` wetland area (an approximate estimate) was deleted from the square footage calculation due to development restrictions. On the south side, the cost was also distributed to properties j adjacent to the 108th Ave. alignment south to SE 244th St. However, since the road is not currently open south of the 242nd block, the southernmost properties do not currently have access to the signal. Therefore, the potential assessments for these properties were added to the City share of the funding and the LID boundary was drawn to not include these properties in the LID. It should also be noted that originally the City considered including the single family residential properties in the vicinity of SE 236th and 237th Streets, however, this resulted in adding nearly seven thousand dollars to the project cost to collect approximately eight thousand dollars. Therefore, these properties and associated costs were dropped from the LID and the $1,235.83 that could have been collected to actually fund the signal is being funded by the City. Support for LID Property owners representing 34.81% of the LID assessment are committed to this LID via LID no protest covenants. To approve an LID, property owners with combined LID assessment representing 40% of the total assessment must support the LID by not protesting. However, during preliminary contract with the property owners it was determined that several properties without covenants (6.58%) also expressed supports giving a potential support level of 41.39%. This level of support warrants bringing the proposal before the Council. Environmental CAccording to SEPA Rules (WAC 197-11-800 2b) signals are categorically exempt from SEPA. Payment of Assessment Council passing, the ordinance confirming the final assessment roll (after completion of the construction), there is a 30 -day eriod in which any portion or all of the assessment can be paid ithout interest charges. After the 30 -day period, the balance is aid over a ten year period wherein each year's payment is 1/10th ,,,,.Upon f the principal plus interest on the unpaid balance. The interest will be what the market dictates. 16 C % - I �t D445 _ _.1._1._1..I _--- -Tl ' /EENT CITY L IH/TS - SE 2367H ST r- -- I J ---I --- i -L--1._J - f SE 237TII ST i T- T. T_ T--- T - T_ T"_ T..�-------- -� `---- I I�----.L..1.�,u11111 L111111)�.l uYtl.Ul�l11r1iI = I i L I O R60:@2 113 ' � - --- - .r�+•--r----'T__T__T._-._-r__T__T__7T_.-__T.---'-1 SE 244711 SI' f-r--T--T---i-'-----1 r-----T--- - : SE 238TH ST - - 1 i 07 I O I O LLD. BOUNDARY j111TT"Mrr"TI-. 0 l O ! - ,. O I ' � y i ROPOS h ISI �S � SlG/'JA L r I� , --"449_-, f SE 240TH ST - I ASSESSMcNT NUMBER - I `r----------------� -F- : I , INDICA INDICA TES SIGNAL ~ �. LID. COVENANT � I PROPOSED -- I II I I I --- - .r�+•--r----'T__T__T._-._-r__T__T__7T_.-__T.---'-1 SE 244711 SI' f-r--T--T---i-'-----1 r-----T--- - PROPOSED L.I.D. FOR TRAFFIC SIGNAL AT 108TH. AVE. S.E. AND S.E. 2,10TH. ST. 1. SUBJECT: EVERSON ANNEXATION Kent City Council Meeting Date January 4. 1994 Category Public Hearings 2. SUMMARY STATEMENT: This date has been set for the public hearing on the final Council action necessary for completion of the Everson Annexation. The public Works Director will give a brief description of the annexation and the associated events leading hereto. 3. EXHIBITS: Public Works Minutes and vicinity map 4. RECOMMENDED BY: Council Action and Public Works Committee (3 -0) - (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO >� YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: 00 CLOSE HEARING: �vJ 7. CITY COUNCIL ACTION: Councilmember that Ordinance No. DISCUSSION: Councilmember seconds adopted for the Everson Annexation. -f-ko-i '7 `nJl lsJtt. ACTION:CL" icy tm4pi Council Agenda Item No. 2B WAWT it Committee unanimously recommended setting a hearing date for the street vacation of Landing Way from 64th Avenue S. to S. 228th Street. Everson Annexation Wickstrom said we have received Boundary Review Board approval for a small annexation on 218th Street on the East Hill south of Garrison Creek Park. He said the next step therefore, would be to set a date for a public hearing and then decide whether or not to annex. Committee unanimously recommended Council set a hearing date for the Everson Annexation at the December 7th Council meeting. Bridge Repainting Wickstrom stated that approximately 3 months ago we received notice that federal funds were available for bridge painting projects. He said that the Meeker Street bridge over the Green River is the City's and was last painted in 1974 and needs to be repainted within the next 1-2 years. Wickstrom said that the bridge fell within the federal qualifications for repainting. He said the City looked at it in terms of replacement but it would not qualify for any replacement funds. He said the bridge was found to be structurally sound but functionally deficient, which means that instead of replacing it, they would allow us to build a parallel two lane bridge, thus having four lanes with two bridges. Wickstrom said we applied for a grant; the total bridge painting project is $260,000 and we received an 80% grant. He said our share is $52,000. He said there is money left over in the unencumbered funds of the Street Capital Improvement funds to pay for our share. Wickstrom requested the Committee's approval for authorization to accept the grant, establish the budget and fund the local match. In response to White, Wickstrom said we have never painted the bridge because it was previously a State project, however after building the 516 by-pass, the State turned it over to us. Committee unanimously recommended authorization to accept the grant, establish the budget and fund the local match. Basketball Hoops Wickstrom said that this issue has already been.discussed with Bennett and Mann. He said that residents have notified the City that there are basketball hoops placed adjacent to a City right of way or road. Wickstrom said the road is being used as a play area for shooting basketballs and there is a liability to that. He said we have had to respond recently because of complaints, and had to address one in particular. In so doing, we saw six others on the 2 ST._ / rJy t ea iI YP •1 f f~ V .J . Y t l'!r , � ,�•\ \.. �� ��,)� t •� ; r , 1 IY \p) �)♦ Lo' •I �' ) •., t f i� ' �0—�OQ +I, �r) 4a0 tom.. Y ♦ :� , y i•.�! ) ; ` ./\.. Y .I O T 2 oR0 .t -. nor i L07 i q1A s 27 30 2 8 32 1 V r 3 - = S -222ND._ ,ST. -•, s' — . .. t L I a• r �'Sr aI 36 3 7 ` N r �. ., ♦-'". D✓� '/ - vim' � .�,�\ 1 - f -., / — �, a � � tx Kent City Council Meeting Date January 4, 1994 Category Public Hearings 1. SUBJECT: S. 231ST STREET (AKA LANDING WAY S.) STREET VACATION (STV -94-1) 2. SUMMARY STATEMENT: This public hearing has been set to consider an application by Birtcher VDL Land Partnership to vacate a portion of S. 231st Street (also known as Landing Way S.), as referenced in Resolution No. 1374. Due to an error in the resolution setting the hearing date, after public testimony is taken on this issue tonight, the hearing will be continued to the January 18, 1994, City Council meeting in order to provide City staff enough time to research and provide Council a report on this proposed street vacation. 3. EXHIBITS: Resolution 1374 4. RECOMMENDED BY: Planning Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: OPEN HEARING: Vf PUBLIC INPUT: M CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember _moves, Councilmember seconds that the public hearing on the proposed Landing ay S. street vacation be continued until the next regularly scheduled City Council meeting on January 18, 1994. DISCUSSION: ACTION: vv" Council Agenda Item No. 2C RESOLUTION NO. 1-3 7LI A RESOLUTION of the City Council of the City of Kent, Washington, regarding the vacation of a portion of South 231st Street (commonly referred to as Landing Way South) as petitioned for by Birtcher VDL Land Partnership, owner of property abutting said street sought to be vacated, and setting a public hearing on the proposed street vacation for January 4, 1994. WHEREAS, a proper petition has been filed by Birtcher VDL Land Partnership, owner of property abutting portions of South 231st Street (commonly referred to as Landing Way South), to vacate a portion thereof to accommodate large distribution uses in the Van Doren's Landing Industrial Park; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A public hearing on the street vacation petition (attached hereto with related documents as Exhibit A and incorporated herein by this reference) shall be held at a regular meeting of the Kent City Council at 7 o'clock p.m., Tuesday, January 4, 1994, in the Council Chambers of City Hall located at 220 Fourth Avenue South, Kent, Washington 98032. Section 2. The City Clerk shall give proper notice of 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 January 4, 1994. Passed at a regular meeting of the ity Council of the City of Kent, Washington this _2 day of c , 1993. Concurred in by the Mayor of the City of Kent, this C� day of Z-, 1993. MAYOR ATTEST: BRENDA -JOBE. • CLERK A. LUBOVICH, CITY A I hereby certify that this is a true and correct copy of Resolution No. /3 ?LA , passed by the City Council of the City of Kent, Washington, the 7- da of ndelL�, 1993. (SEAL) BRENDA JAC?f5tR, CITY CLERK vacate.res 6 MCC i lgliall llame: Si.rtcher VDL Land Partnership OF KENT' 3o. 4th Avc, Address: 22613 68th Avenue South 0 Kent, WA 90032 Kent, Washington 98032 I'honc: (206) 395-3400 ID NOV 1993 STREET AND/OIl ALLEY VACAT1011 APPLICATION.AND PETITIN CITYC��F Cy Council: South 231st StrecL (ccamnnl.y reEerreeC�eF7CL:M Deal' 4{ayor and Kent CI Way South) Y 1lc, the underslgne(buLLing Proper Ly urmcrS, hereby re. spe- LfulI request that eertaln hereby he vacated. (General LocnM on) Legal, Descriptlon j (at%tl-i� �OCvl:h�tkyJUflddr}'��O�P 93Ci1LI)VLC0Cr1 cl_Lti .� o-. ._.-. -._ r,k � � � ��,��c"` ,G�C Gj/ G� ✓ �L2�9L D 'lh,rcL�<N z2e / -57 BRIEF STATEHIM WHY VACATIN IS 011116 SDUGILF Bi.rtcher VDL Land Partnership is seeking to vacal:e = ^L' Ecom 64th Avcnue South to Sough 228th Street toacccamaiate larce distribution uses as shown i.n L:<hibiC B attached. Vacation of u' 1 Street will provide Van Doren's Landing with the opportunity to carrpete for large distribuL•ion uses which cannot be accrmrxiatcd on any. other area of the industrial park. SufficienL proof, copy of decd contract etcsunporLed by Nang County Tax Rolls shall be submiLted for vcrificat'•on of signatures. III LhouL these a "CURRCNT" Litle report shall be required. Nhen CorporoCians, ParLncrships cLc. are Icing signed for, Lhen proof of indiVidual's authority to sign for Same shall also he submitCed. Attach a color coded map of a scale of not less than 1" = 200' or the arc:, sought for vacation. (NOPE) Hap must correspond Yi h legal descrlpLion. AGUTTIIIG PROPERTY 01IIICIIS LOl, CL0C1: '� I'LGI/Si.C. IIG SIGNATURES AIID ADDRESSES BlrtcherVDC. T nd Partnership, 22613 GBLh Avenue Scuth Kent, Washington 98032 A portion of the N.C. 1/4 and the S.G. 1/4 of Section 14, '(WP. 22 N., R. 4 Lot One. Tax No. 887980-0200 _ [Lock Three ----- — Lot Two, Tax No. 867980-0210 Lot Three, Tax No. 887980-0220 Lot Four, Tax No. 887980-0250 — Tract \, Tax No. 887980-0290 Lot One Tax No. 'Cax 887980-0290 = 887980-0250 • Gvc Lot Tvo, Lot Three, No. Tax No. 887980-0260 t Fou:, Tax No. 887980-0270 Loc Fi.v<., Tax No. 007980-07.80 - �� i'raCt 0. Tax No. 007900-0300 /_ neeeipt il::. � �-/�__-).3 S1So. 00 Fee ,a id-- 11'c:suru;'•: _%�?��iz_.._- ppralsal Fee—__ -- ---- Land Value Da Decd Acccptcd __. — — -- not,, Trade Acce,,'Led _------yVIDIT 0 -------------------- CONSENT CALENDAR 3. City Council Action: Councilmember_ Wn(jn move, -1e__��•= _ boa 5��0 �voi«:.� that Consent Calendar Items A through V be approved. e Discussion Action CAP, \' 3A. Approval of Minutes. r4 V Approval of the minutes of the regular Council meeting of December 7, 1993. 3B. Approval of Bills. Approval of payment of the bills received through December 30, 1993 after auditing by the Operations Committee at its meeting on January 4, 1994. Approval of checks issued for vouchers: Date Check Numbers Approval of checks issued for payroll: Date Check Numbers Amount Amount Council Agenda Item No. 3 A -B Kent, Washington December 7, 1993 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Pro Tem Woods. Present: Councilmembers Bennett, Houser, Johnson, Mann, and Orr, Chief Administrative Officer McCarthy, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Human Resources Director Olson, Acting Finance Director Miller and Acting Parks Director Thorell. Councilmember White was excused from the meeting. Approximately 85 people were at the meeting. PUBLIC City Historian. Mayor Pro Tem Woods announced COMMUNICATION that Kent's City Historian, Rae Reitan, had passed away yesterday and asked for a moment of silence in her honor. Skyler Gronholz Day. Woods announced that Skyler Gronholz is a young artist who, as a result of winning a very special art com- petition, was able to meet President Clinton. She also noted that Skyler's work will hang at the main Seattle Art Museum throughout the month of December, and read a proclamation declaring December 8, 1993, as Skyler Gronholz Day in the City of Kent. She encouraged all citizens to congratulate him and recognize his talent and achievement. Skyler thanked the Council for the proclamation. National Drunk and Drugged Driving Prevention Month. Woods read a proclamation declaring the month of December, 1993, as National Drunk and Drugged Driving Prevention Month in the City of Kent and encouraging all citizens, government agencies, public and private institutions, businesses, hospitals and schools in Kent to promote awareness of causes of driver impair- ment, existing and proposed laws intended to further reduce and prevent impaired driving, and opportunities to establish safer and healthier norms regarding the use of alcohol and other drugs for all citizens, particularly young people. She presented the proclamation to Christi Houser, Chair of the Drinking Driver Task Force. Employee of the Month. Woods announced that Karen Bonaci, Public Education Specialist for the Fire Department, has been selected as Employee of the Month for December. She noted that Karen's contributions have helped signifi- cantly in better serving the citizens' needs by 1 December 7, 1993 PUBLIC providing a wide variety of programs that are COMMUNICATION directed to their safety. Woods thanks her for her hard work and dedication. Fire Chief Angelo added that when Karen came upon a major fire on the way to work one morning, she made major decisions which resulted in saving lives. He noted that the Fire Department is very proud of her and offered his congratulations. Reaional Justice Center Update - Arts Committee. Patrice Thorell introduced Leonard Garfield, Cultural Resources Division Manager for King County. Garfield distributed copies of the Public Art Plan for the Regional Justice Center. He credited the Kent community, the Kent government, and the Kent Arts Commission who participated in developing this Plan. He noted that the Plan achieves a balance of art opportunities, celebrating the themes of law and justice. CONSENT MANN MOVED that Consent Calendar Items A CALENDAR through R be approved. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 16, 1993, and the Special Council meeting of November 30, 1993. HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION Cascade Commerce Park. AUTHORIZATION to accept the bill of sale and warranty agreement sub- mitted by Spieker-Hosford-Romney #172 for continuous operation and maintenance of 33 feet of sanitary sewer improvements and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. The project is located in the vicinity of 6307 South 216th Street. (CONSENT CALENDAR - ITEM 30) Oak Hill. AUTHORIZATION to accept the bill of sale and warranty agreement submitted by William E. Ruth for continuous operation and maintenance of 965 feet of watermain extension and 1,787 feet of sanitary sewer improvements and release of bonds after expiration of the maintenance period, as recommended by the W December 7, 1993 HEALTH & Public Works Committee. The project is located SANITATION in the vicinity of S.E. 246th P1. & 114th Ave. S.E. (CONSENT CALENDAR - ITEM 3P) Red Robin. AUTHORIZATION to accept the bill of sale and warranty agreement submitted by East Hill Associates for continuous operation and maintenance of 510 feet of street improvements and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. The project is located at 25207 104th Ave. S.E. (CONSENT CALENDAR - ITEM 3Q) The Meadow. AUTHORIZATION to accept the bill of sale and warranty agreement submitted by Walter J. Buttkus and Betty Lou Buttkus for continuous operation and maintenance of 36 feet of storm sewer improvements and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. The project is located at the southwest corner of S.E. 248th St. & 116th Ave. S.E. (CONSENT CALENDAR - ITEM 3R) Westminster Place. AUTHORIZATION to accept the bill of sale and warranty agreement submitted by Rich Lucas for continuous operation and maintenance of 583 feet of watermain extension, 786 feet of sanitary sewers, 650 of street improvements and 602 feet of storm sewers and release of bonds after expiration of the main- tenance period, as recommended by the Public Works Committee. The project is located in the vicinity of S.E. 248th St. & 116th Ave. S.E. STORM (CONSENT CALENDAR - ITEM 3G) IMPROVEMENTS 94th Avenue Storm Improvements. AUTHORIZATION to accept as complete the contract with Moss Construction for the 94th Avenue Storm Improve- ments project and release of retainage after receipt of State releases, as recommended by the Public Works Committee. STREET (CONSENT CALENDAR - ITEM 3D) VACATION Landing Way Street Vacation (Van Doren's Landing). ADOPTION of Resolution No. 1374 setting January 4th as the public hearing date for street vacation of Landing Way from 64th KI December 7, 1993 STREET Avenue S. to S. 228th Street, as recommended by VACATION the Public Works Committee. TRAFFIC (CONSENT CALENDAR - ITEM 3K) CONTROL LID 344 240/108th Traffic Signal. ADOPTION of Resolution No. 1376 declaring the City's intent to create a Local Improvement District to partially fund the installation of a traffic signal at the intersection of S.E. 240th St. & 108th Ave. S.E., and setting January 4th as the public hearing date on the LID formation, as recommended by the Public Works Committee. (OTHER BUSINESS - ITEM 4K) (ADDED BY COUNCILMEMBER JOHNSON) 277th Corridor. Johnson distributed copies of a proposed resolution relating to the 277th Corridor. He noted that he and staff members had recently attended a King County Council meeting and that the issue of potential future zoning was raised. He said the County's con- cern was that the land would be upzoned. HE MOVED that Resolution No. 1379 dealing with this concern be adopted, and explained that the City would be on record as having no problem making an agreement with the County that cur- rent zoning under the Soos Creek Plan would be the same zoning the City would recommend if the corridor were annexed into the City in the future. Bennett seconded the motion to adopt Resolution No. 1379 and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3F) Bridge Repainting (Meeker Street). AUTHORIZATION to accept a Federal grant and establish a project budget for the Bridge Repainting project on Meeker Street, as recommended by the Public Works Committee. PROPERTY (CONSENT CALENDAR - ITEM 3I) ACQUISITION Ubiqua Property Acquisition (277th Corridor . AUTHORIZATION to move forward with acquisition of the Ubiqua property, as recommended by the Public Works Committee. The City has made offers on two parcels of land in the vicinity of S.E. 274th St. and 116th Ave. S.E. One parcel is 10 acres with an appraised value of $460,000 and one parcel is 3-1/2 acres with an appraised value of $156,000. The property owner has accepted the offer at the appraised values. 4 December 7, 1993 ANNEXATIONS (CONSENT CALENDAR - ITEM 3E) Everson Annexation. ADOPTION of Resolution No. 1375 setting January 4th as the public hearing date on the Everson Annexation. The City has received Boundary Review Board ap- proval to proceed with this annexation in the vicinity of S. 218th Street and 93rd Avenue South. The Public Works Committee has concurred. (OTHER BUSINESS - ITEM 4J) Soos Creek Sewer Annexation. The Soos Creek Water & Sewer District is in the process of putting together a sewer annexation near the City's Kent Springs watershed for the purpose of providing sewer service to future Kent School District facilities, as well as existing residences along the north end of Lake Sawyer. The Public Works Committee has recommended that the City be authorized to sign as a partici- pating petitioner in this annexation. MANN MOVED that the City be authorized to sign as a participating petitioner in the Soos Creek Sewer Annexation. Bennett seconded and the motion carried. ANNEXATION (PUBLIC HEARINGS - ITEM 2B) ZONING Chestnut Ridge Annexation Proposed Initial Zoning (AZ -93-1). The Planning Commission has recommended approval of the proposed initial zoning designation outlined in Alternative #1 for the Chestnut Ridge Annexation area. Kevin O'Neil of the Planning Department noted that the bulk of the area was zoned RS -7200 when it was in King County, part was zoned Growth Reserved, meaning that very low density de- velopment would be allowed until the end of 1994 at which time RS -5000 would go into effect allowing approximately 8 units per acre, and that there were a couple of parcels zoned RS -9600, slightly lower than Kent's 7200. He noted that Alternative #1 would zone the bulk of the land R1-7200 which is essentially the same as the County's RS -7200, part would be zoned R1-9.6 which is consistent with the County's zoning, and the 29 -acre parcel would be zoned RA, which is the lowest density single family residential zone at 1 unit per acre. Janette Nuss of the Planning Commission said that they felt Alternative #1 coincides best with the Comprehensive Plan. 61 December 7, 1993 ANNEXATION Woods declared the public hearing open. ZONING Michael Kubicek, 20621 92nd Avenue South, stated that 4 units per acre (9.6 zoning) is too many, and that there should be only one unit per acre, because of the steep slope. Jack Kastien, 20609 94th Avenue South, pointed out the sensitivity of the hillside and urged the Councilmembers to visit the site before the next public hearing. There were no further comments and ORR MOVED to continue the public hearing on the Chestnut Ridge Annexation Initial Zoning Designation to January 18, 1994. Houser seconded and the motion carried. COMPREHENSIVE (PUBLIC HEARINGS - ITEM 2A) PLAN MAP Chestnut Ridge Annexation - Comprehensive Plan DESIGNATION Map Designation (CPA -93-2). The Planning Commission has recommended approval of the proposed plan amendment changing the city-wide Comprehensive Land Use Plan Map to designate the entire Chestnut Ridge Annexation area as SF, Single Family, as depicted in Alternate Plan Amendment #1. Woods noted receipt of letters from Joel Ross and Frank E. Fleischacker. HOUSER MOVED to make the letters part of the record. Johnson seconded and the motion carried. Matt Jackson of the Planning Department noted that the area is approximately 186 acres, contains 294 par- cels, and has 743 residents. He stated that the land use is generally single family residential. He noted that there are signifi- cant slopes which exceed 25%, and that slopes exceeding 15% can have severe development limitations placed on them. He noted that an open house was held to display the three alternatives, which was well attended, and that staff has recommended Alternative #1. Janette Nuss of the Planning Commission noted that many residents reported drainage problems after development occurred, and that traffic is an- other concern with residents. She said that the steepness of the slopes is one reason they have recommended Alternative #1. Nuss noted that one property owner is in favor of town - homes, and that the needs of the residents should be considered. Woods declared the public hearing open. Michael Kubicek, 20621 92nd Ave. South, noted that in 1989, 1990 and 1991, the County 9 December 7, 1993 COMPREHENSIVE documented that, because of heavy rains, the PLAN MAP slope slid forward to the road. He said he DESIGNATION would like to see the road moved. Andrew Fuller, 20628 95th Avenue South, urged the Council to limit development and approve the Planning Commission's recommendation. He also suggested that the Council consider acquiring the steepest portion for a greenbelt or park. Jack Kastien, 20609 94th Avenue South, reminded the Council that this area is earthquake sen- sitive. He added that after a Cat had prepared the area for surveyors, the area was so sensi- tive that the runoff closed the road below. He spoke in opposition to any type of multifamily zoning, and urged the Council to agree with the Planning Commission's recommendation. Ron Harmon, 20627 95th Avenue South, noted that because of earthquake sensitivity, when their house was built they had to put footings 8-10' below grade, and that they often have water in their basement which must be pumped out. There were no further comments and ORR MOVED to close the public hearing. Houser seconded and the motion carried. ORR THEN MOVED to approve the Planning Commission's recommendation of approval for the Chestnut Ridge Annexation Area Comprehensive Plan Map Amendment as described in Alternative #1 (CPA -93-2), and to direct the City Attorney to prepare the necessary resolu- tion. Bennett seconded and the motion carried. FINAL PLAT (OTHER BUSINESS - ITEM 4C) West Meadow Final Plat (FSU -93-2). This date has been set for a public meeting on an application for the West Meadow Final Plat (FSU -93-2). The property is approximately .83 acres in size and is located at the south- west corner of S.E. 248th St. and 115th Ave. S.E. The Council approved the West Meadow Preliminary Plat (FSU -93-02) on September 21, 1993. ORR MOVED for approval of the West Meadow Final Plat (FSU -93-2). Houser seconded and the motion carried. GROWTH (OTHER BUSINESS - ITEM 4E) MANAGEMENT Growth Management Service Agreement. The Growth Management Act provides funding to cities and counties who are required to plan under the Act. GMA funds are distributed to the City of Kent through King County. The 7 December 7, 1993 GROWTH proposed resolution constitutes the agreement MANAGEMENT between the City of Kent and King County for the distribution of 1993-1994 funds. Fred Satterstrom, Planning Manager, noted that the Operations Committee approved this item today. He noted that King County only recently gave them the proposal for an interlocal agree- ment, and that the City will be eligible to receive approximately $55,000 in growth manage- ment funds. HOUSER MOVED to approve Resolution No. 1378 relating to the 1993-94 Growth Manage- ment Service Agreement. Orr seconded and the motion carried. PRELIMINARY (OTHER BUSINESS - ITEM 4I) SUBDIVISION Harvey Preliminary Subdivision #SU -90-3 - One -Year Extension. Mr. Hine, representing Mr. Harvey Grohs from HCE/Richard Carothers Associates, has requested a one-year extension of the Harvey Preliminary Plat #SU -90-3. The City Council approved the preliminary subdivi- sion on September 18, 1990. The preliminary plat lapses three years from the date of ap- proval under the Kent City Code, 12.04.390(A). Through an oversight, HCE allowed the expira- tion date to lapse. The City Code provides for a one-year extension upon showing a good faith attempt to submit the final plot, which HCE has shown. ORR MOVED to approve a one-year exten- sion of the Harvey Preliminary Subdivision #SU -93-3 to September 18, 1994. Houser seconded and the motion carried. CABLE TV (CONSENT CALENDAR - ITEM 3L) Cable TV Basic Service Rate Regulation. ADOPTION of Resolution No. 1377 setting January 18, 1994, as the date for a public hearing on City regulation of basic service tier rates, including related equipment, installation and service charges of all cable television fran- chises operating in the City of Kent. PUBLIC (OTHER BUSINESS - ITEM 4F) DEFENSE Public Defense Contract. The City contract to hire public defense legal counsel expires at the end of 1993. The City Attorney has negotiated a new public defense contract for 1994. Lubovich distributed letters from Ellis, Li & McKinstry and from the Law Office of 0 December 7, 1993 PUBLIC Timothy A. Jenkins. He noted that Ellis DEFENSE proposes to handle the public defense contract for $137,000 inclusive of all costs and appeals annually, and that Jenkins has proposed $130,000 to a maximum of 1300 cases. He explained that although Jenkins' proposal is less, the Ellis proposal is more cost effective because of the volume of cases, and recommended that the Ellis proposal be accepted. JOHNSON MOVED that the City accept the public defense contract under the terms and conditions de- scribed by and subject to final approval of the City Attorney. Houser seconded and the motion carried. It was clarified that Johnson's motion related to contract form. MUNICIPAL (OTHER BUSINESS - ITEM 4G) COURT Municipal Court Administrator. Kathy Johnston has been selected to serve as the Municipal Court Administrator for the City of Kent. According to the City's ordinance establishing the Municipal Court, the person selected as Court Administrator must be confirmed by the City Council. McCarthy noted that Ms. Johnston was selected by a panel and that she brings a wealth of knowledge to the City. HOUSER MOVED to confirm Kathy Johnston as the Kent Municipal Court Administrator. Bennett seconded and the motion carried. (OTHER BUSINESS - ITEM 4H) Municipal Court Ordinance_ In passing Ordinance No. 3125 establishing the Kent Municipal Court, the section pertaining to appointment of judges pro tem inadvertently was drafted in conflict with applicable State law. The proposed ordinance brings the local code into conformance with State law by giving the Mayor, and not the municipal judge, the au- thority to appoint judges pro tem. In order to resolve this conflict before opening date of the Kent Municipal Court, an emergency must be declared to effect immediate passage. Assis- tant City Attorney Brubaker noted that State law stipulates that an emergency ordinance must be passed by a unanimous vote of the Council - members in attendance. HOUSER MOVED that Ordinance No. 3146 authorizing the Mayor to appoint judges pro tem as required by State law A December 7, 1993 MUNICIPAL and declaring an emergency for the immediate COURT passage thereof, be adopted. Mann seconded. Bill Doolittle, 412 N. Washington, noted that Council passed an ordinance on June 15 creating the municipal court which took effect 30 days later. He noted that the ordinance stated that the judge would be named by the Mayor and approved by the Council within 30 days, or by August 15. He stated that this did not happen. He also commented that State law says that within 30 days after passing an ordinance creating a court, a judge will be named and confirmed by Council and that this was not done. He noted that it also says that in order to have a judge in place by January 1st, the judge must be appointed by December 1st of the previous year, which was not done. He asked whether the judge pro tem will need confirma- tion of the city council. Brubaker explained that appointment of a judge pro tem needs no confirmation by the City Council. Mann stated that a judge was appointed but not confirmed, and that the law was complied with. The motion to adopt ordinance 3146 then carried. (ADDED ITEM) Municipal Court Judge. Woods asked that a letter in support of Carole Grayson by Mr. Kelby Fletcher be made a part of the public record. JOHNSON SO MOVED. Orr seconded and the motion carried. SISTER CITY (CONSENT CALENDAR - ITEM 3J) Yangzhou, China Agreement. APPROVAL of the reciprocal agreement between the City of Yangzhou, China, and the City of Kent, Washington, confirming the establishment of the Sister City relationship. The formal document was signed on September 30, 1993. CITY ART PLAN (CONSENT CALENDAR - ITEM 3M) 1994 City Art Plan Budget and 1994-1998 Five Year City Art Plan. ADOPTION of the 1994 City Art Plan Budget and 1994-1998 Five Year City Art Plan, as recommended by the Parks Committee on November 9, 1993. 10 December 7, 1993 COUNCIL (CONSENT CALENDAR - ITEM 3N) Council Absence. APPROVAL of a request from Councilmember Jim White for an excused absence from the December 7, 1993, City Council meet- ing, as he will be out of town and unable to attend. FIRE (CONSENT CALENDAR - ITEM 3C) DEPARTMENT Business Inspections - Fire Department. AUTHORIZATION for the Mayor to sign an inter- local agreement between King County and the City of Kent for 1994. Each year the City signs an agreement with King County and the Commissioners of King County Fire District #37 which allows the Fire Department to perform business inspections in the Fire District. The contract remains unchanged from previous years. (OTHER BUSINESS - ITEM 4D) West Hill Fire Station No. 73. In 1986, during the methane gas problems on the West Hill, a settlement with the City of Seattle was reached. A part of that agreement was to place a neighborhood park or Tot Lot at the site of the old fire station. The Fire Department solicited responses from the neighbors and reported these to the Public Safety Committee. The Public Safety Committee recommends that the property be surplused and that the original agreement be honored. Fire Chief Angelo clarified that funds are not in the budget for building a park, demolishing the station, or removing the underground tank. He recommended that the property be surplused, and be used for storage in the meantime, since it will take time for Parks to plan and finance a tot lot or park. He also asked that the original intent for use of the area be considered. MANN MOVED that the West Hill Fire Station property be surplused, and that it continue to be used by the Fire Department for storage until the implementation of a plan to be proposed through the Parks Committee. Bennett seconded and the motion carried. PROPERTY TAX (OTHER BUSINESS - ITEM 4A) LEVY 1994 Property Tax Lew Ordinance. The property tax levy is calculated with information received from King County, based on the 106 11 December 7, 1993 PROPERTY TAX percent levy lid law, and new construction and LEVY voter approved debt service requirements. Acting Finance Director Miller noted that the levy is 2.79 and that the assessed valuation has increased each year since 1983. She said that the figures received today were lower for the first time in many years. She explained that levy is $3.22 and that it was $3.19 in 1992. Miller noted that other cities in the area also experienced a decrease in their figures. She explained that the levy needs to be adopted tonight and if the figures are incorrect, they can be changed. Upon Wood's suggestion, Miller agreed to contact cities on the East side about the figures they were given. HOUSER MOVED to adopt Ordinance No. 3144 fixing the tax levy for 1994. Mann seconded and the motion carried with Bennett voting nay due to the lack of information. BUDGET (OTHER BUSINESS - ITEM 4B) 1994 Budget. The Council established this date to adopt the 1994 Budget. An ordinance has been prepared to reflect the Mayor's budget proposal with adjustments as discussed and recommended by the Budget Committee at their November 29th meeting. Acting Finance Director Miller explained changes to the budget as attached to these minutes. She noted that 40 positions were deleted in 1992, 21 were deleted in 1993, and 9.5 will now be deleted, for a total of 70.5 positions, totalling a savings of approximately $2,900,000 per year. She noted that this budget includes increases in public safety and economic development and productivity, it increases the fund balance to $1,350,000, and it includes no new taxes. JOHNSON MOVED to adopt Ordinance No. 3145 approving the 1994 Budget. Orr seconded and the motion carried with Bennett opposed. 12 December 7, 1993 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through November 30, 1993, after auditing by the Operations Committee at its meeting on December 7, 1993. ADJOURNMENT The meeting was adjourned at 8:30 p.m. Brenda J obe , CMC City Cle k 13 Inc (Dec) Beginning erg in Fund Furl Fund Fey�-,-nues itures Balance Balance Balance 33,854.756 35,879,757 (2,025,001) GaERAL FUND Fund Balance Ir:cea-se as of 10/31/93 Increase Medical Aid Rates Rgclassificati.cns Comcll Date 10/19/93 * Harrison Fiou_se REntal Assistance * Add 3rd Ass -:St nt Chief * Reallocate "Di�.,rsity Tai.^-iin" * for "General Citywide 'L aining" Transitional HD:sing for HaTeless Men Reallocated to DTT---gE--Zy Se"e- e `�-tter Shelte- Mo,,e Fater ¢ ati y to Drainage F.r d Decrease cost allccari.a cns for �'..e- q ty Ac,6 parks, Seer & Drainage * M scellarecus Adjustments * Inc_rease R rd Balance to czviaf adjust�e^•ts 33,8514 ,756 36,077,993 (2,223,237) Adjusted Ge.rer-i 1,nd SPS= FEVE LTE F -Ms S'LRF<.T r=-6 Balance Da ---ease as of 10/31/93 Increase Medical Aid Rates * M.scellarEc s Adjusters Adjusted St_-eer Fury' CAPITAL B4FCI- +"`n' Hund Balance :-,crease as of 10/31/93 * Delete Do nLzw1 parking Garage * Iix2ase Side, l to $300,COO Fire Hearing protection (ores hVr) Adjusted Capital InpeoveTent Furl CRLMaIAI. JUS-1I(-- Fund USTICFund Balance Dee -ease as of 10/31/93 Ircr-ease Medical Aid Rates Reduce Grant - Project I igntY u se . Miscellaneous Adjusnrents Adjusted C`imiral Justice Flud Cx 94ADJ02.�Q' Form 2 03 -Dec -93 92,819 (92,819) 26,784 (26,784) 5,760 (5,760) 62,628 (62,628) (50,000) 50,000 50,000 (50,000) (7,000) i,CCO 7,000 (7,000) (158,239) 158,239 158,239 (158,239) 5,812 (5,812) 4,433 (4,433) 2,6:6,592 2,7=,2,!313 343 (283) 2,646,592 2,742,193 3,615,288 3,826,510 (75,x) 25,000 23,556 3,615,288 3,800,066 725,329 805,237 3,375,001 1,350,000 88,609 88,609 (92,819) (26,784) (5,760) (62,628) 50,000 (50,x) 7,000 (7,000) 158,239 (158,239) (5,815) (4,433) 109,627 109,627 3,573,237 1,350,000 (95,541) 588,697 493,156 (108,987) (108,987) (343) (343) 2SZ; 283 (95,601) 479,710 384,109 (211,222) 661,222 450,000 23,556 23,556 75,000 75,000 (25,000) (25'000) (23,556) (23,556) (184,778) 684,778 500,000 2,243 (29,923) (29,0123) (3,603) 6,2,291 773,954 (79,908) 193,593 113,685 (21,815) (21,815) (2,243) (2,243) 488 488 (81,663) 171,778 90,115 { k V Kent City Council Meeting Date January 4. 1994 Category Consent Calendar 1. SUBJECT: STAY OUT OF AREAS OF PROSTITUTION (SOAP) 2. SUMMARY STATEMENT: Adoption of Ordinance No. 314, relating to the issuance and enforcement of "Stay Out of Prostitution Areas" orders. This ordinance provides for the issuance of "Stay Out of Areas of Prostitution (SOAP)" orders, which are intended to keep certain offenders out of high risk prostitution areas. SOAP orders can be issued to anyone charged with prostitution, permitting prostitution or patronizing a prostitute as a condition of probation or pre-trial release. Further, this ordinance also allows police officers to arrest violators of SOAP orders without a warrant once they determine that probable cause for such arrest exists. Finally, any person found in violation of a SOAP order shall be guilty of a misdemeanor, punishable by imprisonment or fine or both. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3C 12/29/93 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of the Kent City Code, by adding a new section relating to prostitution and adopting "Stay Out of Areas of Prostitution" (SOAP) orders. WHEREAS, the City Council has heard testimony from the City of Kent Police Officers and from the Kent City Prosecutor concerning the scope and magnitude of the prostitution problem in those areas of the City of Kent set forth in the ordinance and that the frequency of prostitution activities in those areas occurs all hours of the night and day, and that within these areas are bars, taverns, motels, and rooming houses most frequented by area prostitutes and their customers. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. There is hereby added to Chapter 9.02 of the Kent City Code a new section 9.02.312, as follows: Sec. 9.02.312. Stay Out of Areas of Prostitution Orders. 1. Stay Out of Areas of Prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent Municipal Court to anyone charged with prostitution, permitting 1 prostitution, or patronizing a prostitute under chapter 9.02 of the Kent City Code as a condition of pre-trial release. ii I� 2. SOAP orders may be issued by the Kent Municipal Court to anyone convicted of prostitution, permitting prostitution, or patronizing a prostitute under chapter 9.02 of the Kent City Code as a condition of probation. 3. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer's presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring said person before the court issuing the order. 4. The SOAP order shall warn the person named in the order to stay out of the following "high risk prostitution areas." a. Pacific Highway South from 260th to the Puget Sound i Bank Building at the corner of State Route 516, 1 including all adjacent businesses. 5. A person is deemed to have notice of the SOAP order when: a. the signature of the person named in the order or their attorney is affixed to the bottom of the order, signifying that they have read the order and have knowledge of the contents of the order; or b. The order recites that the person named in the 2 order or the person's attorney appeared in person before the court. 6. The written SOAP order shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under Chapter 9.02. KCC and will subject the violator to arrest." it 7. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. 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. FATTEST: BRENDA JACOBER, CITY CLERK DAN KELLEHER, MAYOR 3 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of , 1993. APPROVED day of , 1993. PUBLISHED day of , 1993. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. ( SEAL) BRENDA JACOBER, CITY CLERK soap.ord krb.122993 Kent City Council Meeting Date January 4 1994 Category Consent Calendar 1. SUBJECT: FIRE DEPARTMENT MEDICAL PHYSICALS - CONTRACT 2. SUMMARY STATEMENT: Authorization for the Mayor to sign the Medical Examinations Services Contract with Occupational Health Services Valley Medical Center. The Fire Department plans to solicit RFP's for medical physi- cals every three (3) years in order to keep costs at a minimum. RFP's were received from Occupational Health Services Valley Medical Center and Virginia Mason Hospital for the years 1994 through 1996. After reviewing the RFP's for services, responsiveness, flexi- bility, scheduling, cost and program management, the Fire Chief and Public Safety Committee recommend that the contract be awarded to Occupational Health Services Valley Medical Center. An annual budget has been established. Since the account exceeds $15,000, an RFP and a contract are required. 3. EXHIBITS: Comparison of RFP's fee schedules, copy of contract for services 4. RECOMMENDED BY: Norm Angelo Fire Chief and Public Safetv Committee vote of 3-0 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. 7. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3D COMPARISON OF RFP'S RECEIVED FOR MEDICAL PHYSICALS Cost comparison for firefighter medical physicals as proposed by Occupational Health Services Valley Medical Center (OHSVMC) and Virginia Mason Hospital (VMH). Physicals are classified as new hire physicals, annual physicals, hazardous materials team physicals and new volunteer physicals. Prices reflect cost of physicals with and without stress electrocardiogram (SEKG). The stress EKG is a standard test administered to new hire firefighters and employees within certain medical profiles and risk factors per the medical recommendations, department information needs and the Union contract. PROVIDER TYPE OF PHYSICAL NO SEKG W/SEKG OHSVMC Pre-employment physical N/A $ 824.00 VMH n If If n n If N/A $ 942.65 OHSVMC Annual Physical $ 365.00 $ 525.00 VMH If 11 11 11 $ 552.00 $ 658.00 OHSVMC Hazmat Physical $ 466.00 $ 626.00 VMH if if 11 11 $ 664.70 $ 754.80 OHSVMC New Volunteer Physical $ 666.00 N/A VMH if it to 11 it $ 795.60 N/A The annual cost varies in accordance with the number of scheduled physicals, requested physicals, follow up diagnosis and the number of personnel that required the series of Hepatitis B shots, etc. The last several years our cost for medical services have been $30,000 or greater. MEDICAL EXAMINATIONS FOR THE KENT FIRE DEPARTMENT SERVICES CONTRACT This Agreement made between the City of Kent, Washington, a Code City of the State of Washington, hereinafter called "City" and Public Hospital District #1 of King County, dba Occupational Health Services, whose address is 220 SW 43rd Street, Renton, Washington 98055 hereinafter called "Contractor." WITNESSETH 1. Contractor agrees to provide to City the medical examinations services set forth in Exhibit A attached to this Agreement and by this reference incorporated herein. 2. For said services City shall pay to Contractor in accordance with the compensation schedule set for in Exhibit A attached to this Agreement and by this reference incorporated herein. Contractor is to submit periodic invoices. The periodic invoices shall contain an itemized breakdown of the medical services performed during the time covered by the invoice. The City will pay contractor by check within 30 days of receipt of an invoice. 3. Independent Contractor. Contractor is providing services to City as an independent contractor and not as a City employee. Contractor is responsible for all license fees, taxes, bonding requirements, etc. including any subcontractors or their employees. 4. Contractor will not discriminate against any employee or applicant for employment with Contractor because of race, creed, color, national origin, physical or sensory disability, or sex. Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment, including subcontractors and employees of subcontractors, without regard to their race, creed, color, national origin, physical or sensory disability, or sex. 5. Indemnification: Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons FI 29 or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendorts negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTORS WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Contract. Term of Contract - Termination. Performance under this Agreement shall commence on the 1st day of January 1994, and shall terminate on the 31st day of December, 1996. Notwithstanding the foregoing, this Agreement may be terminated by either party with or without cause upon giving 30 days written notice of termination. Said termination shall be effective as of the time stated in the written notice, provided that Contractor shall be entitled.to compensation under the terms of this Agreement to the extent of the actual work performed hereunder. This Agreement may also be terminated by mutual agreement to. the parties following written notice given by either party of request to terminate, provided that such termination shall become effective as of a date to be specified by City in order that City may, prior to termination, arrange for alternative services. 7. Amendments. Any amendment to this Agreement shall not be effective until it has been agreed to in writing by both parties. A copy of the written amendment, including signatures of the parties, shall be attached to the original of this Agreement. 8. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, or subcontractors. Before beginning the work described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: 2 1. Comprehensive General Liability insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily and property damage. Coverage shall include but not limited to, blanket contractual, products/completed operations, broad form property damage, explosion, collapse and underground (XCU) if applicable, and employers liability, and any payment of deductible or self insured retention shall be the sole responsibility of the contractor. The City shall be named as an additional insured on the comprehensive general liability insurance policy, as respect work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurers' liability. Contractor and insurance shall be primary insurance, as respect the City and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. 9. Disputes: Any disputes arising between the parties shall first be referred to the City for resolution. Any dispute that cannot be settled between the parties after the City's determination shall only be brought within the venue and jurisdiction of the King County Superior Court subject to the laws of the State of Washington and to the Rules of Practice and Procedure for King County, Washington. 10. Miscellaneous. Contractor shall not assign, transfer, pledge as collateral or otherwise encumber any rights, duties, or interest accruing from this Agreement without the written consent of City. City makes no commitment and assumes no obligation for support of Contractor, except as specifically set forth in this Agreement. This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement is binding on the parties hereto, their heirs, successors, and assigns. 3 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT by NOTICES SHALL BE DELIVERED TO: City of Kent Fire Department 24611 116th Ave SE Kent, Washington 98031 ATTEST: BRENDA JACOBER, City Clerk APPROVED AS TO FORM: PUBLIC HOSPITAL DISTRICT #1 OF KING COUNTY, DBA OCCUPATIONAL HEALTH SERVICES by h aGG� 6Aeo; its: PGL`N'QCC M NOTICES SHALL BE DELIVERED TO: ROGER A. LUBOVICH, City Attorney 4 NON -COLLUSION CERTIFICATE CITY OF KENT NON-COLLUSI STATE OF COUNTY OF CERTIFICATE The undersigned, being duly sworn, deposes and says that the person, firm, association, co -partnership or corporation herein named, has ,not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to the City of Kent for consideration in the award of a contract on the improvement described as follows: Name of Project: Medical physicals for firefighters Name of Firm: Valley Occupation Services, Valley Medical Center By: (A o 'zed Sig ure) T ' le' Sworn to before me thiso,�<%7 day of 1993. Notary Public �i CORPORATE SEAL: 5 EXHIBIT A REQUEST FOR PROPOSAL KENT FIRE DEPARTMENT MEDICAL EXAMINATIONS To conduct annual medical examinations, pre-employment medical examinations, and Hazardous Materials Team medical examinations for the City of Kent Fire Department for a three (3) year period beginning in 1994. Proposals will be received from medical facilities for conducting the subject medical examinations. Such proposals will be received at the City of Kent City Clerks Office, 2204th Avenue South, Kent, Washington 98032-5895, up to 3:00 p.m. on October 4, 1993. After all proposals have been thoroughly reviewed, the successful proposer -shall be notified. The proposals will be clearly marked "PROPOSAL FOR CONDUCTING MEDICAL EXAMINATIONS FOR THE KENT FIRE DEPARTMENT". The Kent Fire Department reserves the right to reject any or all proposals or accept any proposal presented which meet or exceed these specifications and which they may deem to be in the best interest of the jurisdiction and not necessarily be bound to accept the lowest cost proposal. Award is subject to successful negotiation of a contract. Each proposer shall submit a copy of all forms that will be used by their medical facility in carrying out the subject medical examinations. These forms will be approved by the Kent Fire Department prior to their use. The "Minimum Medical Standards for Firefighters in Washington Cities and Fire Districts" (Large Cities and Fire Districts Edition) as published by the Association of Washington Cities and the Washington State Association of Fire Chiefs, adopted by the City of Kent Civil Service Commission, shall be the basis for the examinations. A complete copy is attached to this request for proposal. As a minimum, all tests reflected in this request for proposal shall be conducted. Any exceptions or additions shall be noted on a separate page entitled "Exceptions/Additions". Each item listed will indicate if it is an exception or addition to the requirements. Each proposal shall state where the exams will be conducted and the amount of time the exam will take. Note: All tests or portions of the medical examination shall be conducted at one facility and the complete examination shall be completed in one visit unless follow- up testing is required. The Kent Fire Department may wish to visit the proposers' facilities. I Each proposal shall include a follow-up visit with the Physician on all annual medical examinations and a follow-up visit for all applicants who are hired after their pre-employment medical examination. In 1979, based on input from the department Physician, the Kent Fire Department adopted a schedule of "Annual" medical examinations based on age and risk. Generally, a medical examination would be given by age as follows: 18 - 29 years old --------------------- every 4 years 30 - 36 years old --------------------- every 3 years 37 - 45 years old --------------------- every 2 years 46 years old & up --------------------- annually Those firefighters with known health problems which might pre- dispose them to injury or illness would arbitrarily be assigned to more frequent examinations by the Physician in charge. Likewise, if a firefighter feels a need for an examination, he may request one. Per Union Contract, the results of these examinations shall be kept confidential by the Physician and the Fire Department. Prior to notifying the Fire Department of the results of the examination and any tests conducted, the employee shall be notified of the same in a timely manner, unless in the 'Physician's opinion, immediate notification of the department is necessary. No information shall be released to any other.party without prior written permission by the employee, for each requested release of information. The Physician shall only be allowed to provide to the Fire Department information which relates to the employee's medical fitness for duty according to the adopted medical standards of the Department. The Physician shall provide results of lab tests and analysis to the employee. Based on the above information, approximately eighty five (85) medical examinations will be conducted annually. Approximately forty-five (45) annual physicals will be conducted in April and May. The remaining number will be scheduled during November and December. Approximately fifteen (15) pre-employment medical examinations are conducted annually. These are usually conducted in January. Approximately twenty (20) Hazardous Materials Team medical examinations are conducted annually, usually in the months of September and October and as the team might be exposed to hazardous materials. Records detailing results of Hepatitis B Vaccination and tests shall be maintained and forwarded to the Department. Routine boosters will be administered at least five (5) years after first positive titer -reaction. Titer test will be provided to members who have not previously received one. Test for tuberculous will be offered to all members receiving a physical, as well as for all department members requesting an annual tuberculous screen 7 RENT FIRE DEPARTMENT. PRE-EMPLOYMENT EXAMINATIONS 1) Meet all requirements of the adopted standards. 2) Drug Screen 3) General physical examination with blood pressure, height, weight and pulse 4) Strength and flexibility testing (grip strength, check range of motion of the extremities and spine) 5) Audiogram (6 channel) using annually calibrated audio booth. (Booth required) 6) Spirometry (Calibrated annually) 7) Vision testing 8) Blood chemistry Profile with CBC (to include HDL and LDL) 9) Urinalysis, microscopic and dipstick 10) Carbon monoxide level 11) VDRL 12) PA and lateral chest x-ray 13) Thoracic spine 2 view 14) Lumbar spine 2 view 15) Cervical spine 2 view 16) Resting and maximal EKG 17) Physical Capacities Evaluation 18) Body Fat Determination (skin fold test is not acceptable) 19) Health Risk Assessment 20) Heavy Metals -Screen to establish baseline 21) Letter to Firefighter regarding exam results and recommendations 22) Letter to Department with recommendations of work status 23) Hepatitis B titer test to establish baseline 8 24) Hepatitis B boosters every five (5) years after last known positive titer if requested 25) Tuberculous skin test 26) Follow-up visit on all hired pre-employment physical exams 0 KENT FIRE DEPARTMENT HAZARDOUS MATERIAL TEAM EXAMINATIONS 1) Evaluate patient's condition relative to the adopted Standards and the individual's ability to safely perform the job and/or special assignment to the Hazardous Materials Team. 2) General physical examinations with blood pressure, height, weight and pulse. 3) Strength and flexibility testing (grip strength, check range of motion of the extremities and spine 4) Audiogram (6 channel) using annually calibrated audio booth (Booth required) 5) Spirometry (calibrated annually) 6) Vision testing 7) Blood. Chemistry Profile with CBC (should include HDL and LDL) 8) Urinalysis, microscopic and dipstick 9) Carbon Monoxide Level 10) VDRL 11) Occult Blood (over 40 years of age) 12) PA and lateral chest x-ray 13) Resting and Maximal EKG 14) Physical capacities evaluation 15) Body fat evaluation (skin fold test is not acceptable) 16) Health Risk Assessment 17) Letter to Firefighter regarding exam results and recommendations. 18) Letter to Department with recommendations of work status. 19) Follow-up visit on all existing firefighters. 20) Heavy Metals Screen (24 hour urine) 21) Hepatitis B titer to establish baseline 22) Hepatitis B booster every five (5) years after last known positive titer test 23) Tuberculous skin test a KENT FIRE DEPARTMENT ANNUAL EXAMINATIONS 1) Evaluate patients condition relative to the adopted Standards and the, individual's ability to safely perform the job. 2) General physical examinations with blood pressure, height, weight and pulse. 3) Strength and flexibility test (grip strength, check range of motion of the extremities and spine) 4) Audiogram (6 channel) using annually calibrated audio booth ,(Booth required) 5) Spirometry (calibrated annually) 6) ' Vision testing 7) Blood Chemistry Profile with CBC (should include HDL and LDL) 8) Urinalysis, microscopic and dipstick 9) Carbon Monoxide Level 10) VDRL 11) Occult Blood (over 40 years of age) 12) PA and lateral chest x-ray 13) Resting and maximal EKG 14) Physical capacities evaluation 15) Body fat evaluation (skin fold test is not acceptable) 16) Health Risk Assessment 17) Letter to Firefighter regarding exam results and recommendations 18)' Letter to Department with recommendations of work status 19) Follow-up visit on all existing Firefighters. 20) Hepatitis B titer as required 21) Hepatitis B booster as required 22) Hepatitis B vaccination as required 23) Tuberculous skin test EXHIBIT B SCOPE OF WORK Introduction The basis for the physicals which we will be providing to the Kent Fire Department is the "Minimum Medical Standards for Firefighters in Washington Cities and Fire Districts". Our intention is to provide the medical services requested by the Kent Fire Department consistent with the policies set by the Department. However, the medical standards used as the basis for these physicals are to be used "...as a guide only in determining fitness for duty...". Our approach will be to provide the physical as requested and to work closely with the Kent Fire Department to make the best decision in each case. Our physicians (see the resumes for each of them in the resume section of this proposal) will use their own judgement about whether the person can do the job. If there are medical findings which would appear to disqualify the person based on a strict interpretation of the "Minimum Medical Standards", then the physician will contact Chief Scott to discuss next steps. Next steps could include referral to a specialist, additional testing in the Occupational Health Clinic or disqualification. No additional testing beyond the specific exam components or referrals will be undertaken without the approval of the Kent Fire Department. Our underlying philosophy is that we can not make recommendations in a vacuum and that we need the input and involvement of the employer. We believe that the best decisions will be made for each person if we as the medical provider and the employer are working closely together. After each firefighter has been seen in our clinic, the physician will call the Kent Fire Department to give an initial assessment. This assessment will be preliminary, pending the final results of the lab testing, and will be specifically related to performance of duties. 12 DESCRIPTION OF SPECIFIC SERVICES On the next pages the prices are given for the three specific services requested: pre-employment examinations, annual examinations and hazardous material team examinations. In each case the specific service is listed, and the price for that service is indicated. There are some instances where we are making alternate recommendations for those specific services. Those are plainly shown but will not be implemented without the formal approval of the Kent Fire Department. In -all cases the examinations will be conducted at Occupational Health Services, 220 SW 43rd, Renton, Washington. The Resting and Maximal EKG will be conducted at Valley Medical Center. That test will be scheduled one hour prior to the examination in the clinic so that all exam components will be done at one time for the convenience of the firefighter and the department. The EKG and the examination will take approximately two (2) to two and one half (2 1/2) hours. All forms used in the examination are included in the Forms section of this proposal. The Report of Medical Evaluation, which relates to the employee's medical fitness for duty according to the accepted medical standards, is the only form which the department will see. The prices shown in this section are our normal list prices. We have not shown a total price per physical because it is very unlikely that any one firefighter will receive all services. The most variable elements are the Hepatitis B services which can cost up to $300.00. The prices quoted will be in effect for the entire three year contract period. Maintaining our business with the Kent Fire Department is very important to us. Should price become the deciding issue, we are asking for the right to adjust our price quote to be more competitive. 13 PRE-EMPLOYMENT EXAMINATIONS Drug Screen General Physical Examination with blood pressure, height, weight and pulse Strength and flexibility testing (grip strength, check range of motion of the extremities and spine) (included with PCE) Audiogram (6 channel) using audio booth. (See Note 1) Spirometry (calibrated annually) Vision testing Blood chemistry Profile with CBC (to include HDL and LDL) Urinalysis, microscopic and dipstick Carbon monoxide level VDRL PA and Lateral chest x-ray Thoracic spine 2 view Lumbar spine 2 view Cervical spine 2 view Resting and maximal EKG Physical Capacities Evaluation (see Note 2) Body Fat Determination (see Note 3) Health Risk Assessment Heavy Metals Screen (to establish baseline) 14 $40.00 $45.00 NIC $15.00 $40.00 NIC $35.00 $16.00 $35.00 $12.00 $50.00 $65.00 $55.00 $45.00 $205.00 $50.00 $10.00 $25.00 $56.00 Letter to Firefighter regarding exam results and NIC recommendations Letter to Department with recommendations of N/C work status Hepatitis B titer (to establish baseline) $22.00 Hepatitis B boosters every 5 years after last known $75.00 positive titer if requested Tuberculous skin test $ 5.00 Individual meeting with firefighter at firefighter's request to discuss Health Risk Appraisal and NIC and Physical Examination Results PRE-EMPLOYMENT EXAMINATIONS NOTES Note 1 The audio booth used by Occupational Health Services is calibrated on a daily basis, rather than on an annual basis. Note 2 The price shown for a physical capacities evaluation is the price for a screen performed by a physical therapist. We are recommending that for new hires, a screen will provide adequate information about the agility of.the person. If the person is not adequately able to pass the screen, Kent Fire Department will be contacted by the physician to determine appropriate next steps. A full physical capacities evaluation can cost.as much as $500. It is not our intent to provide that service. Note 3 The price shown is for the use of calipers. It is our opinion that if good calipers are appropriately used by well trained staff, then the results can be a good screening tool. 15 HAZARDOUS MATERIAL TEAM EXAMINATIONS General Physical Examination with blood pressure, height, weight and pulse Strength and flexibility testing (grip strength, check range of motion of the extremities and spine) (included with PCE) Audiogram (6 channel) using audio booth. (See Note 1) Spirometry (calibrated annually) Vision testing Blood chemistry Profile with CBC (to include HDL and LDL)_ Urinalysis, microscopic and.dipstick Carbon monoxide level VDRL Occult Blood (Over 40 years of age) PA and Lateral chest x-ray Resting and maximal EKG Physical Capacities Evaluation (see Note 2) Body Fat Determination (see Note 3) Health Risk Assessment Heavy Metals Screen (to establish baseline) Letter to Firefighter regarding exam results and recommendations Letter to Department with recommendations of work status Follow-up visit on all existing firefighters to discuss Health risk Assessment and Physical Examinations Results Hepatitis B titer (to establish baseline) Hepatitis B boosters every 5 years after last known positive titer if requested Tuberculous skin test In $45.00 NIC $15.00 $40.00 NIC $35.00 $16.00 $35.00 $12.00 . $ 5.00 $50.00 $205.00 $50.00 $10.00 $25.00 $56.00 NIC NIC NIC $22.00 $75.00 $ 5.00 Hazardous Material Team Examinations Notes Note 1 The audio booth used by Occupational Health Services is calibrated on a daily basis, rather than on an annual basis. Note 2 The price shown for a physical capacities evaluation is the price for a screen performed by a physical therapist. We are recommending that for new hires, a screen will provide adequate information about the agility of the person. If the person is not adequately able to pass the screen, Kent Fire Department will be contacted by the physician to determine appropriate next steps. A full physical capacities evaluation can cost as much as $500. It is not our intent to provide that service. Note 3 The price shown is for the use of calipers. It is our opinion that if good calipers are appropriately used by well trained staff, then the results can be a good screening tool. 17 ANNUAL EXAMINATIONS General Physical Examination with blood pressure, height, weight and pulse $45.00 Strength and flexibility testing (grip strength, check range of motion of the extremities and spine) (included with PCE) NIC Audiogram (6 channel) using audio booth. (See Note 1) $15.00 Spirometry (calibrated annually) $40.00 Vision testing NIC Blood chemistry Profile with CBC (to include HDL and LDL) $35.00 Urinalysis, microscopic and dipstick $16.00 Carbon monoxide level $35.00 VDRL $12.00 Occult Blood (over 40 years of age) $ 5.00 PA and Lateral chest x-ray $50.00 Resting and maximal EKG (see Note 2) $205.00 Physical Capacities Evaluation (see Note 3) $50.00 Body Fat Determination (see Note 4) $10.00 Health Risk Assessment $25.00 Letter to Firefighter regarding exam results and recommendations NIC Letter to Department with recommendations of work status NIC Follow-up visit on all existing firefighters to discuss Health Risk Assessment and Physical Examination Results NIC Hepatitis B titer (as required) $22.00 Hepatitis B booster (as required) $75.00 Hepatitis B vaccination (as required) $225.00 Tuberculous skin test $5.00 18 ANNUAL EXAMINATIONS NOTES Note 1 The audio booth used by occupational Health Services is calibrated on a daily basis, rather than on an annual basis. Note 2 It is not our recommendation that stress EKG's be performed on all annual examinations. We are recommending that stress EKG's be performed on annual examinations on a periodic basis. The need and frequency for these should be based on age/sex, risk factors, and the presence of specific symptoms. Using the same criteria for all annual examinations, we recommend that our physicians decide when to do a stress EKG and that it be done only with the approval of the Kent Fire Department. This recommendation, in addition to being clinically appropriate, will save the Kent Fire Department a great deal of money. Note 3 The price shown for a physical capacities evaluation is the price for a screen performed by a physical therapist. We are recommending that for new hires, a screen will provide adequate information about the agility of the person. If the person is not adequately able to pass the screen, Kent Fire Department will be contacted by the physician to determine appropriate next steps. A full physical capacities evaluation can cost as much as $500. It is not our intent to provide that service. Note 4 The price shown is for the use of calipers. It is our opinion that if good calipers are appropriately used by well trained staff, then the results can be a good screening tool. me] I-f� YK / fLAA-4,c Co,,s-e,,,l C E s e Ael Kent City Council Meeting Date January 4. 1994 Category Other Business 1. SUBJECT: LID 343 - STREET IMPROVEMENTS ON 111TH AVENUE S.E. 2. SUMMARY STATEMENT: The Public Works Committee has recommended adoption of a resolution setting February 1st as the public hearing date for LID 343 - Street Improvements on 111th Avenue S.E. from Kent-Kangley Road to Sequoia Junior High School. 3. 4. 5 RE 7. EXHIBITS: Public Works Minutes, resolution and map RECOMMENDED BY: Public Works Committee (2-0) (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 that Resolution No.'V:l as the public hearing DISCUSSION: ACTION: moves,-Councilmember seconds be doptedtt ng February 1, 1994, to or LID 3 N �*- _ .k4 Council Agenda Item No. 4A PUBLIC WORKS COMMITTEE OCTOBER 13, 1993 PRESENT: Jim White Tom Brubaker Jim Bennett Robyn Bartelt Don Wickstrom Mr & Mrs Rust Gary Gill Steve Caputo Ed White Roger Lubovich ABSENT: Committee Member Paul Mann Kingsport Industrial 196th Middle Leg Condemnation Ordinance Wickstrom said that we have been negotiating with the property owners for several years. The property is located on the west side of the Burlington Northern tracks, east of Western Processing. Wickstrom said that we may need to condemn in order to obtain it. In response to Bennett, Wickstrom said it is not finalized at this point due to money and the property owner wants zoning changes. He explained that the zoning changes would give the owner more flexibility on the use of his site however, this is not within our control. Brubaker said that we hoped that we could negotiate a reasonable dollar figure to purchase this but at the same time, if we are unable to do so, because of the zoning and dollar issues, we want to start on the condemnation, as the property owner is well aware. Brubaker stated that we are requesting authority to begin the condemnation process which begins with an ordinance, 30 days later the ordinance becomes effective and we file the condemnation action. In response to White, Brubaker stated that it will also provide a tax benefit to the property owner however, the owner would be exempt from a excise tax payment either way. Committee unanimously recommended adoption of an ordinance authorizing the City to proceed with condemnation at Kingsport Industrial on 196th Corridor, Middle Leg. Sidewalks at Sequoia Jr High School Wickstrom stated that we developed an estimate and met with the various property owners and they were basically negative however, the school is not going to protest but they will not firmly support this either. He said that the school's intent was originally to put in an asphalt sidewalk. Under the covenant, the school will have to replace this with a full half -street improvement and 1 1�J essentially will be throwing away money. Wickstrom said that since we have almost 80% in covenants we should do the improvements. Bennett feels that if all they were asking for was to asphalt along one side, and there was so much negative response, Bennett feels the timing is off and there should be a better time to do this. Wickstrom said that we are proposing to pay 30% (approximately $39,000) and our out-of-pocket cost for the asphalt would be about $10 -$12 thousand dollars. White said that this was originally started by the school P.T.A. and students. Wickstrom said that in his experience, there is never a good economic time for an LID. Committee unanimously agreed to authorize staff to proceed with the formation of an LID. CITY OF KENT, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order street improvements on 111th Avenue SE from Kent-Kangley Road to Sequoia Junior High School and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on February 1, 1994. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: Section 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction of street improvements on 111th Avenue SE from Kent-Kangley Road to Sequoia Junior High School as described in Exhibit B, attached hereto and by this reference made a part hereof. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. Section 2. The total estimated cost and expense of the improvements is declared to be $141,512.14 and approximately $102,374.14 of that cost and expense shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established 0110319.01 -1- embracing as nearly as practicable all the property specially benefited by the improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. Section 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least 15 days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. Section 4. All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on February 1, 1994, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon or objections thereto and for determining the method of payment for the improvements. All persons who may desire to comment thereon or object thereto should appear and present their comments or objections at that hearing. Any person who may 0110319.01 -2 desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. Section 5. The City's Director of Public Works is directed to submit to the City Council on or prior to February 1, 1994, all data and information required by law to be submitted. Passed at a regular open public meeting by the City Council of the City of Kent, Washington, this 4th day of January, 1994. Concurred in by the Mayor of the City of Kent this day of January, 1994. MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: FOSTER PEPPER & SHEFELMAN Special Counsel and Bond Counsel 0110319.01 -3 EXHIBIT A LID 343 PRELIMINARY BOUNDARY LEGAL DESCRIPTION 111TH AVENUE SE STREET IMPROVEMENT Unrecorded plat of part of Section East Lot 3 City of Kent Short Plat Short Plat described as follows. 10/27/93 29, Township 22 North, Range 5 81-2 Recording 18202170734 said Portion of west half of northeast quarter of Section 29, Township 22 North, Range 5 East described as follows. Beginning at the southwest corner of said subdivision; thence North 89042100" East on the south line thereof 330 feet; thence North 02°08'49" West parallel with the west line 1169.45 feet; thence North 87°24'16" East 437.92 feet to the True Point o Beginning; thence continuing North 87°24116" East to the west margin of 110th Ave SE described under auditor's file 15831772; thence North 01°25145" West on said west margin 306.71 feet more or less to the southwest margin SSH 15-A; thence northwesterly on said southwesterly margin to a point North 02035144" West of the True Point of Beginning; thence South 02°35'44" East 376.70 feet to the TrueBeginning less portions Point of conveyed to Street Recording Nos 8001020446 and 8001020447 - also knownas portion ofSPC 822 AND, Unrecorded plat a part of Section 29 Township 22 North, Range 5 East, Lot 2 City of Kent Short Plat 81-2 Recording 082021707341 said Short Plat described as follows; A portion of the west half of the northeast quarter of Section 29 Township 22 North, Range 5 East, described as follows; Beginning at the southwest corner of said subdivision; thence North 89°42'00" East on the south line thereof 330 feet; thence North 02008149" West parallel with the west line 1169.45 feet; thence North 87°24'16" East 437.92 feet to the True Point o Beginning; thence continuing North 87°24116" East to the west margin of 110th Ave SE described under Auditor's File 15831772; thence North 01°25'45" West on said west margin 306.71 feet more or less to the southwest margin of SSH 15-A; thence northwesterly on said southwesterly margin to a point North O1035144" West of the True Point of Beginning; 1 70 to True thence South 02035144" East conveyed to t Street Recording Point Nos• Beginning less p y ortion of SPC 82-2 AND 8001020446 and 80010204470 also known as p ALSO; t of part of Section 29 Township 22 North, Range 5 Unrecorded pla East•Lot 1 City of Ke Short Plat describnt Plat ed as Short short 81-2 Recording #8202170734, said Portion of west half of northeast quarter of Section 29 Township 22 North, Range 5 East, described as follows; Beginning at the southwest corner of said subdivision;330 feet he south line tereothence North 89°42'00" East on with thehwestf line 11691.45 thence North 0200814911 West parallel feet; thence North 87°24'16" East 437.92 feet to the True Point o Beginning; thence continuing North 87024116" East to the west margin of 110t Ave SE described under Auditor's File 15831772; thence North 01025145" West on said west margin 306.71 feet more or less to the southwest margin of SSH 15-A; hence northwesterly on said southwesterly margin to a point North tpoint hence West of the True Point of Beginning; feet to the True thence 020351 South 02°3 .70 to Street under Record in Nos. Beginning less portions conveyed 8001020446 and 8001020447 - also known as portion of SPC 82-2 AND ALSO; Unrecorded plat of a part of Section 29 Townsh rtezNofthr SectionRange 29 East, portion of west half of the northeast quarte Township 22 North, Range 5 East, Beginning at the southwest corner of south lid su said subdivision 330 ivisiont thence North 89043 00 East along feet; thence North 02008149" West parallel with west line 1169.45 feet to the True Point of Beginning; thence North 87°24'16" East 571.15 feet to the west margin of 110th Ave SE; thence South 01202514511 East along said west margin 414.42 feet more or less; thence South 89042100" West 566.11 feet to the east line of th anter es 330 feet of the west half of the west half of the southwest quarter of the northeast quarter; thence North taxable4911 talso2.21 known feet as portion ofLots1 nand 2 Beginning - portion Range of unrecorded plat of part of Section 29, Township 22 North, g 5 East, AND ALSO; K Unrecorded plat of part of Section 29 Township 22 North, Range 5 East, portion of west half of the northeast quarter of Section 29 Township 22 North, Range 5 East, beginning at the southwest corner of said subdivision;, st along south line of said subdivision 330 thence North 89 43 00 Ea feet to the True Point of Beginning; uing North 89°42'00" East along said south line 956.49 thence contin feet to the southeast corner of said subdivision; thereof 1132 feet; thence North 0102514511 West alongeasterly thence South 89°51'49" West 340raet; to the east line of said thence South 0102514511 East pa subdivision 366 feet; parallel to the south line of said thence South 89°42'00" West subdivision 626.12 feet; arallel to the west line of thence South 02°08'49" East along line p p also said subdivision 767.22 feet to the True Pointof Beginning, also known as portion of Lots 1-2-3 of unrecorded plat of p 29, Township 22 North, Range 5 East, AND Unrecorded plat of part of Section 29 Township 22 North, Range 5 East, portion beginning at a point 1132 feet North and South 89°51'49" Section West 220 feet from the southeast corner of Lot 3; thence South 89051149" West 120 feet; thence North 01°25145" West to southerly margin No f Highway 4;1" East thence southeasterly along said line to point to beginning;less County roads. thence South 05°48'41" West to beginning, 111th 3 e EXHIBIT B LID 343 111th Ave SE Street Improvement (Kent-Kangley Road to Sequoia Jr. High) Road Improvement Description 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. I, BRENDA JACOBER, City Clerk of the City of Kent, Washington, � certify that the attached copy of Resolution No. is a true and correct copy of the original resolution adopted on the 4th day of January, 1994, as that resolution appears on the Minute Book of the City. DATED this day of January, 1994. Brenda Jacober, City Clerk 0110319.01 �rFn'T •'\ 91, ):D6,t21p ••� I V .4f FY lzezzl 3. 1G zera,o nc I I . J !C \ zezznse s F — *� y'9 1 ' I r w w l L.LD.BOUNDARY C3j * ` Isl=_za: mal � .88;2. •c'3,a �. j. eszw :azn � I � •� w � r mrrrrrrrtrlr**-- — �. Yrrfmrrrntiiri111 , • Ise;a.;�zl `.� . ILI Is tLL11111tir1711 \ WW PROJECT LOCATION SFS I27 es_o. mar l+-+ ;I r 1 : 0; L.I.D. ASSESSMENT NUMBER — — — , r : TAX LOT NUMBER r r r = a5�2e. r r E— L.I.D. COVENANT w r : r . . slat . r tuft" tHiHfHiHLHiiiftHtti-HIna f"H1fHtff HiH ttlHftHl-t t17T1r tTf iTiHfttt __—__—_____ PROPOSED L.I.D. 111TH AVE. STREET IMPROVEMENT (KENT–KANGLEY ROAD TO SEQUOIA JR- HIGH) JUNE 30. 1993 V" Kent City Council Meeting Date January 4. 1994 CategoryOther Business 1. SUBJECT: SISTER CITY AFFILIATION POLICY 2. SUMMARY STATEMENT: The Operations Committee has recommended adoption of a resolution which establishes the Kent Sister Cities Association (KSCA) which will provide structure and continuity to Sister City Affiliates under a 501-C3 nonprofit organization. This nonprofit organization is a collaborative effort between the Kent Chamber of Commerce, the Kent School District, Green River College, and the City of Kent. The City has three sister cities, Kaibara, Japan; Kherson, Ukraine; Yangzhou, China; and a friendship city in Maanshan, China. 3. EXHIBITS: Memorandum dated 11/23/93 to Operations Committee 4. RECOMMENDED BY: Operations Committee (2-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ^ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended MH EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION': _� 'Eil, Councilmember 4t �J!�move Councilmember seconds to adopt Resolution No. 1establishing the Kent Sister Cities Association (KSCA) which will provide continuity and structure for sister cities affiliated in the City of Kent. DISCUSSION: ACTION • Y " U4 Council Agenda Item No. 4B TO: OPERATIONS COMMITTEE FROM: A:TN RE: SISTER CITY RESOLUTION DATE: NOVEMBER 23, 1993 Following a meeting in May, 1993 with officials from the Kent Chamber of Commerce (Steve Burpee), Green River College (Clark Townsend), Kent School District (Dr. Jim Hager) and the City of Kent (Mayor Dan Kelleher); it was decided that continued discussions should take place on matters related to sister cities and international affairs. And, that collectively we could assist each other in exchanges focused on cultural, recreational, educational, governmental and economic interests. The Kent Sister Cities Association was formed to pursue options and alternatives for developing and maintaining a program which would give structure to sister cities affiliates under an umbrella 501c-3 organization. This new non-profit organization would help facilitate the maintenance and growth of sister cities and allow for programs which would help fund sister cities. The process for this Committee includes the following: 1. Seek City Council approval via a resolution to support establishing a sister city affiliation policy for the City of Kent. 2. Develop Articles of Incorporation, Bylaws and complete the 501c-3 application. 3. Assist the Sister City affiliates in establishing goals and objectives and a work plan. 4. Continue serving the community and its citizens with programs which would support and enhance international relations. Attached is a "draft" resolution for your review. Tom Brubaker from the Law Department has reviewed it and made minor changes which were incorporated into the document. If you have questions, please call Alana, X-4177. cc: Dan Kelleher, Mayor Jim White, Mayor Elect Tony McCarthy, CAO Kent Sister Cities Association FRUM:GRCC ADMIN BLDG TC:C'-Y H Y---;=` CITY OF KENT, WASHINGTON RESOLUTION NO. "RAFr A RESOLUTION establishing a Sister city affiliation policy for the City of Kent, Washington. WHEREAS, the citizens of Kent have demonstrated a desire to learn more about the people of other cities throughout the world Lo enhance international communication and understanding; and WHEREAS, the citizens of Kent wish to encourage cultural, recreational, educational, governmer)tal and economic exchanges to increase their knowledge of the diversity in the world; and WJIFREAS, it is desirable to provide the citizens of Kent with an opportunity to give service to and derive benefit from a community project of international scope; and WHEREAS, it is desirable to encourage international trade and tourism between Kent and its sister cities; and WHEREAS, thoughtful selection of such affiliations is necessary to assure an equally beneficial relationship to both participants; now, therefore, T:?E CTTY COUNCIL of THE CITY OF KENT, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. That the City of Kent seeks international 1elatioriships which will enhance Ile petopleso�other nding and countries cooperation of its citizens and t.�.. and, to that end, hereby establisher_, criteria for the selection of sister cities, as follows: A. To achieve this goal, the City will support and encourage the establishment of sister city affiliations which serve the following objectives: 1. To increase our citizens' awareness and understanding of another culture. 2. To encourage educational opportunities and the exchange of technical methodology. 3. To contribute to the development of trade and tourism. 1 rf,OM:GRCC ADMIN BLDG TO CITY ATTY--K N1T NGU 24, 1593 20PM x561 F.e3 L3 To meet these goals and objectives, affiliations will be developed with a limited number of sister cities which share the fo)Dowing characteristics with the City of Kent 1. Strong school,$. 2. Concerned about the impact of growth and change in their areas. 3.' Interest in developing cultural, recreational, educational, governmental or economic ties with Kent. 4. Organizational structure in place which is prepared to work cooperatively with the Kent. Sister City Committee designated by the City Council, C. To ensure continuity in the achievement of this policy, the Kent Sister Cities Association (KSCA) is designated as the citizen support circup in our sister city relationships. 1. Any ac':ditional sister city selections will ce made i17 Consult.atlon w: th KSCA. 2. Prior to official affiliation with a sister city, KSCA will use its: best efforts to develop a comprehensive wort: plan for the first year's activities and ensure that specific individuals are designated to maintain contact with the sister city. 3. The affiliating sister city should have a comparable organizational structure in place, organized and prepared to facilitate this relationship in cooperation with KSCA. 4. KSCA will report to the Council annually on the sister city activities of the previous twelve month period and the status of our sister city relationships. S. City of Kent funds will. be used directly for the Sister City Program in accordance with Washington State law. The City will provide Council and staff support and encourage the participation of the business, cultural and educational communities of the City. 2 6. official City gifts received in the course of sister city exchanges will be the sole property of the City. The City will make every effort to display them in appropriate settings. PASSED by the City Council this day of 1993, and signed in authentication of its passage this day of , 1993. (SEAL) Attest: CJ -y Clerk 3 , Mayor 1. SUBJECT: Kent City Council Meeting Date January 4, 1994 Category Other Business ELECTION OF COUNCIL PRESIDENT 2. SUMMARY STATEMENT: Pursuant to the City's Resolution No. 1094, the City Council must elect its president, who shall also serve as the City's Mayor Pro Tem, in January of this year for a two-year term. 3. EXHIBITS: None 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember-,, pp moves, Councilmember seconds that W n 141 be the City Council President for a two-year term until January, 1996. DISCUSSION: ACTION: Council Agenda Item No. 4C !," Kent City Council Meeting Date January 4 1994 Category Other Business 1. SUBJECT: VESTING OF DEVELOPMENT PERMIT APPLICATIONS - ORDINANCE 2. SUMMARY STATEMENT: State law mandates that certain development standards lock -in, or West , upon filing a completed building permit or subdivision application. This ordinance specifically establishes the City's requirements for a completed building permit or subdivision application, as authorized by State law, in order to resolve any questions or ambiguities as to what constitutes a completed application and, hence, when development rights vest. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations Committee 2-0 Houser & Orr - White absent (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember - moves, aLY , determining the specific requirements development permit applications, be adopted. that Ordinance No. or vesting certain DISCUSSION: ACTION: Councilmember (/ �� seconds vklo Council Agenda Item No. 4D 11/05/93 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to vesting of development permit applications. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. There is hereby added to the Kent City Code a new chapter, Chapter 14.11 entitled "Vesting of Development Permit Applications" to read as follows: Sec. 14.11.010 vesting. Vesting of development permit applications occur upon the submission of a fully completed development permit application. Vesting shall only apply to land use regulations in effect on the land at the time a fully completed application has been submitted. A development permit application shall be reviewed under the land use regulations in effect at that time. To establish a vested right, the applicant shall file an application on a form furnished by the building official, which form may be amended from time to time. Every application shall, at a minimum, provide the information required in the Uniform Building Code for filing of Development Permit Application 1 development permit applications as well as other such informatir required by the building official as set forth in the applicati(n: form. sec 14 11 020 Completed Application. In order to be accepted as fully completed herein, an application for a development permit shall be reviewed by the building official., or his/her designee, to verify that all information required has been provided in a clear and usable format. once it has been determined that all required information has been provided, the building official, or his/her designee, shall accept the filed application and determine the date the application is considered complete and therefore vested. sec. 14.11.030 other. A) A completed development permit application as defined herein, does not mean or imply approval of the project. B) A completed development permit application herein may not necessarily constitute a completed application for the purpose of processing the same. Additional information, steps procedures may need to be taken or completed in order to process and obtain the requested permit. C) Vesting hereunder shall apply only to the scope of the project applied for under the permit application. D) Vesting under this chapter expires with the expiration of the development permit application or with the expiration of a permit issued pursuant to an application. 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. 2 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. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of APPROVED day of PUBLISHED day of , 1993. , 1993. 1993. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. bldprmit.ord BRENDA JACOBER, CITY CLERK 3 (SEAL) zi c I lk 7 el" AJ 4�y CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMI C. PUBLIC WORKS COMMITTE D. PLANNING E. PUBLIC SAFETY COMMITTE F. PARKS COMMI G. BUDGET H. ADMINISTRATIVE BUDGET COMMITTEE MEETING November 29, 1993 PRESENT: Jon Johnson - Chair, Leona Orr, Jim White, Tony McCarthy, May Miller, Cliff Craig, Chief Angelo, Chief Crawford, Patrice Thorell, Lin Ball, Ken Chatwin, Cheryl Fraser, Connie Epperly, Don McDaniel, Bill Doolittle, Arthur Martin The meeting was called to order at 4:03 p.m. by Chairman Johnson. PUBLIC HEARING COMMENTS - KAWASAKI v. HARLEY DAVIDSON MOTORCYCLES Chief Crawford noted that his memo included in the packet, explains everything. He informed the Committee that he's talked to the individual who raised a question, at the last Council meeting, regarding the purchase of three Kawasaki motorcycles for the Police Department. He explained that the individual felt the Council should support American industry and purchase Harley Davidson motorcycles instead of foreign ones. He also explained to the individual that Kawasaki motorcycles are made in Nebraska which is in the center of the U.S. heartland. OCTOBER FINANCIAL REPORT Acting Finance Director Miller reviewed the summary financial report for the period ending October 31, 1993. REPORT OF YEAR END FINANCIAL ACTIVITY Acting Finance Director Miller explained that some housekeeping ordinances were scheduled for the last meeting in December, but wasn't sure there would be a meeting. McCarthy clarified that it just needs to be on record that the Committee discussed the issue, and then it can be brought to Council sometime in January, 1994. Miller explained the things to be included in the ordinances, and noted that this is an information item only. POSSIBLE CHANGES TO 1994 PRELIMINARY BUDGET Acting Finance Director Miller noted that recommended changes to the 1994 Preliminary Budget are as follows: 1) Changes to fund balance - based on October Financial Report; 2) Increases due to reclassifications approved by Council on 10/19/93; 3) Reallocating emergency housing budget to emergency cold weather program; 4) Moving water quality program from general fund to drainage fund, and reducing the cost allocation for no net dollar impact; 5) Reducing the criminal justice grant for Project Lighthouse from $80,060 to $50,677 per State information received on 11/23/93; 6) Increasing workers compensation rates to our self-insurance fund to cover $20,000 for safety equipment and $100,000 more for increased claim costs based on the October report and November trend; 7) Miscellaneous minor balancing adjustments. She noted that adoption of the 1994 Budget is scheduled for December 7, 1993, and that the property tax levy needs to be adopted also, but the information from the State may not be received until 12/6 or 12/7/93. Upon Johnson's question, Miller explained that an itemized list with dollar amounts for miscellaneous minor balance adjustments, as recommended by staff, is included in the packets on pages 2, 3, and 4. She further explained that a list of adjustments recommended by Council and the Golf Advisory Board, not currently included in the 1994 Preliminary Budget, is on Page 9. Johnson suggested each item be taken separately and acted upon with White and Orr concurring. (A) Harrison House rental assistance program - $5,760. Johnson recommended that this item be included in the Human Services Budget rather than putting it into an interest-bearing checking account. ORR SO MOVED. White seconded and the motion carried 3.0. (B) Third Fire Chief position - $62,628. Johnson explained that this position was recommended by the Public Safety Committee and the Civil Service Commission. ORR MOVED to include the addition of a third Assistant Fire Chief position into the 1994 General Fund Budget. Johnson seconded and the motion carried 2-1, with White opposed. (C) Public Safety Program - requested by Councilmember Bennett. Johnson noted that the program consists of the following: (1) adding two additional police officers 1/1/94; (2) adding grant revenue and cost of 4 officers 7/1/93; (3) adding two patrol vehicles 7/1/93; (4) deleting diversity training; (5) moving part of General Fund portion of Fire Equipment to CIP; (6) reducing ending fund balance. Orr explained that she is in support of adding the police officers, but her concern is with the funds chosen to use for these positions. She explained that deleting the parking garage study is fine, but it's a one- time only situation and then where to go from there. It was the consensus of the Committee to defer this item until the grant comes through. (D) Capital Improvement Fund - deleting parking garage study. WHITE MOVED to delete the parking garage study for $75,000; add $25,000 to the sidewalk improvement fund; and put $50,000 into the fund balance of the CIP. Orr seconded and the motion carried 3-0. (E) Two items to be included in the CIP 1994 Budget Plan for the Golf Course are: (1) Riverbend Golf Course master plan; and (2) Par 3 irrigation. Patrice Thorell, Acting Parks Director, explained that as part of the transition from City to contractor management of the golf course, it was agreed to increase revenues and reduce expenditures with some proceeds and buy out monies going to capital improvements at the Course. She noted that the Golf Advisory Board recommends these two items. McCarthy clarified that the $20,000 recommended is golf course money from buy out funds, and not CIP or General Fund money. Miller noted that $81,000 is left from the buy out funds, and recommends a fund balance of about 8 % be put into the Golf Course Fund, kept frozen unless an emergency comes up and by next year there will be approximately $200,000 available. It was the consensus of the Committee to defer this item until a Golf Superintendent is on board next year. McCarthy noted that on the bottom of Page 9, in the packet, it states that the preliminary budget included full funding for Project Lighthouse of $70,254; and a 1 % permanent funding proposal for Economic Development Fund of $63,997; and that both items need to be corrected. Upon Johnson's question, McCarthy clarified that the diversity training for $50,000 can be either spread evenly between all departments or put into one account for all city-wide training in the Human Resources Department budget. It was the consensus of the Committee to put the $50,000 for diversity training into an all city-wide training account in Human Resources. ORR MOVED to recommend adoption of the preliminary budget with the changes as listed above. Johnson seconded and the motion carried 2-1 with White opposed. The meeting was adjourned at 5:17 p.m. 2 OPERATIONS COMMITTEE DECEMBER 79 1993 COMMITTEE MEMBERS PRESENT STAFF PRESENT: MEMBERS OF THE PUBLIC: Christi Houser, Chair Leona Orr Tony McCarthy, Roger Lubovich, May Miller, Alana McIalwain, Fred Satterstrom, Mary Berg, Charlie Lindsey, Dea Drake, Bob Hutchinson, Fred Wilmeth The meeting was called to order at 4:05 p.m. by Chairperson Houser. APPROVAL OF VOUCHERS All claims for the period ending 11/15/93 in the amount of $1,284,586.27, and claims for the period ending 11/30/93 in the amount of $1,830,372.16, were approved 2-0. 1994 PROPERTY TAX LEVY ORDINANCES Acting Finance Director Miller distributed and explained a new handout regarding property tax comparison covering 1991 through 1994. She noted that tax levies are due by November 15 according to RCW 84.52.020 and RCW 84.52.070, but that information is not usually received in time to meet the deadline. Miller explained that the County has only given a telephone estimate of the amount which is considerably lower than projected by the City. She noted that no explanation has been given by King County to date, but that they will continue to investigate and see in what area the amount decreased. Upon Houser's question, she noted that the difference is $290,000,000 less than projected. She explained that the property tax levy needs to be adopted immediately so that King County can assess the people. ORR MOVED approval of the tax levy ordinance, as presented. Houser seconded and the motion carried 2-0. KING COUNTY INTERLOCAL AGREEMENT ON RECEIPT OF GROWTH MANAGEMENT ACT FUNDS Planning Manager Satterstrom explained that the growth management funds which come from the State of Washington go first to King County and then are disbursed to the different cities within the County. He noted that the funds are disbursed through an interlocal agreement called the Road Management Services Agreement, and that the County would like to allocate these funds as soon as possible. He explained that normally it would go to the Planning Committee, but because they cancelled their meeting this month, and the County would like a response by December 10th, it was brought to Operations Committee and scheduled for Council tonight. ORR MOVED to approve the interlocal agreement with King County, and also the resolution prepared. Houser seconded and the motion carried 2-0. VESTING OF llL v r Lurivliil. i 1 d ora� • -- - -- - attached ordinance is output from a staff committee which has met McCarthy explained that the twice a month for the last three months. He noted that originally St. Anthony's Church applied for a permit to add a building on to their property, but they were caught in the loop of which rules applied because their plans weren't changed and the City was in the middle of changing the construction standards. He noted that the question arose as to when the Church was vested for proper rules to be followed. Lubovich explained that the City never defined when vesting should take place even though there are some vesting statutes and case law in the State of Washington. He noted that the ordinance defines when vesting takes place after a completed building application has been submitted, a form that is being proposed and prepared by the Office of Development Services, and that the City issues a determination as to when an appli- cation is complete for vesting purposes only. He explained that vesting only applies to the scope of the project as applied for under the permit, and that the same vesting rights cannot be kept if adding to or changing the project. He noted that vesting rights expire with the expiration of the development permit application and doesn't continue indefinitely. He noted that he is requesting this be an action item and sent on to Committee or Council as soon as possible. ORR MOVED to send this item on to the full council under Other Business. Houser seconded and the motion carried 2-0. REPORT OF THE DEVELOPMENT SERVICE CONSULTANT Fred Wilmeth, consultant for ODS, distributed and reviewed copies of a progress report that explains where the process is currently. He noted that the vesting ordinance will signify who makes the calls as to whether an application is complete. He also noted that the vesting ordinance and development of a master application form are two very important takeoff points toward establishing a one-stop shop. He explained that the one page form includes all informa- tion the developer or applicant needs to submit to the City, and that both the form and ordinance will facilitate the intake process which can be verified by the Building Official. He also included in the packet the November, 1993 Monthly Report of Office of Development Services Activities. Wilmeth stated that they are getting to a point where the Council can make a determination of how much backlog they feel is an acceptable backlog given the amount of staff it takes. He noted that by next Wednesday, McCarthy will be given reports as he finishes up this project. CABLE TV UPDATE Alana McIalwain, Administration Manager, distributed a copy of the franchising authority certification and rate approval for the City of Kent. She updated the Committee on the progress thus far with Cable TV, and noted that a resolution request taken to the Public Works Committee is now on the Council Agenda tonight regarding basic rate regulation in accordance with the FCC. She explained that the lighting and monitors are some unexpected costs which need action today in order to accomplish the goal of a live Cable TV broadcast on January 4, 1994. McIalwain noted that a public hearing is scheduled for January 18 to give citizens an opportunity to make comments regarding rate regulations. She stated that the equipment has been ordered, but if the equipment is not on site by January 1st then TCI Cable will come in and do the live broadcast. Upon Houser's question, McCarthy noted that the lighting is covered and will be discussed as the last (added) item on the agenda today. Action on this item was deferred until the lighting is discussed at the end of the meeting. McIalwain stated that she has talked to Judy Woods, Council President, and Jon Johnson, Chair of the Budget Committee, about the dilemma and they both agreed that they can support the cost of lighting. E SISTER CITY ASSOCIATION RESOLUTION AND BYLAWS McIalwain explained that the City of Kent, Green River Community College, Kent Chamber of Commerce, and the Kent School District have been working collaboratively in supporting sister city affiliations and any future sister city affiliations. She noted that the resolution in the agenda packet will help to accomplish this goal. She also noted that the City of Kent currently has three sister cities as well as a friendship city as follows: 1) Kherson, Ukraine; 2) Kiabara, Japan; 3) Yangzhou, China; 4) Maanshan, China (friendship city), and a potential sister city in Norway. Mark Foss noted that the resolution establishes a committee called Kent Sister Cities Association (KSCA) and is designated as the citizen support group in the sister city relationships. He noted that this committee will go a long way in helping to make the sister cities more than what they've been and enhance what is already there. Mike McIntyre, Green River Community College and Chairman of the KSCA, noted that this opportunity is very challenging, exciting, and the first step in having an orderly process by which to work with sister cities. He noted that it will probably result in a better relationship. ORR MOVED approval of the resolution. Houser seconded and the motion carried 2-0. STATUS ON THE CITY HALL AND COURT REMODELS ADDED ITEM - MCCARTHY McCarthy updated the Committee and distributed a budget analysis for both the Municipal Court and City Hall remodels. He noted that both projects have required some change orders and have added costs as follows: 1) acquiring a computer system for the municipal court similar to Discis used by the Aukeen Court at a cost of about $30,000; 2) asbestos was found and removed in both projects for $14,205; 3) providing walled offices for the City Attorney at a cost of $31,674; 4) upgrading the City Hall Fire Alarm System with added cost to meet ADA requirements for such things as strobe lights for the deaf, estimated to cost $65,000. McCarthy explained that $25,000 has been put into the 1994 CIP fund, but that the $40,000 shortfall would come from a combination of the ADA budget and the 1994 Public Building Maintenance Funds; 5) lighting to make the Council Chambers suitable for live Cable TV broadcasts, $9,000 which will need to come from the 1994 Public Building Maintenance Funds as well. He stated that he feels the projects can be funded within available budgets related to the court and city hall projects. The meeting was adjourned at 5:03 p.m. 3 PUBLIC SAFETY COMMITTEE MINUTES DECEMBER 69 1993 COMMITTEE MEMBERS PRESENT STAFF PRESENT: MEMBERS OF THE PUBLIC Paul Mann, Chair Jon Johnson Leona Orr Tony McCarthy, Tom Brubaker, Ed Allen, Roger Lubovich, Chief Angelo, Mary Berg, May Miller Bill Rust, Don Rust, Russ Stringham, numerous other unidentified citizens The meeting was moved to the Police Department Conference Room due to constructim noise at City Hall. It was then called to order at 5:30 p.m. by Chairman Mann. BAGMAN CAFE FIRE INSPECTION ISSUES Chief Administrative Officer McCarthy explained that this issue was discussed at the last Public Works Committee meeting regarding fire inspections at the Bagman Cafe. Don Rust, owner of Bagman Cafe, noted that the Fire Department is requesting installation of panic door hardware on certain doors in the restaurant per violation of a fire code. He stated that the City signed off on a fire permit a few years ago when the restaurant first opened, and that the violation was overlooked until now, but the City is requiring compliance as soon as possible. He opined that the City should pay the bill because they originally approved the permit. Assistant Chief Berg explained that the Uniform Fire Code is a consensus code written by fire people, business people, and lobbyists hired by various special interest groups. He noted that the fire code is adopted by the State and cities within the State; and that the Code states "when the occupancy load exceeds 50, two exits shall be required." He explained that exit doors cannot be equipped with dead bolt locks, but must be equipped with panic hardware. Berg noted that the Bagman Cafe has three doors - a front, back and patio door; and that Mr. Rust was given two options as follows: 1) a secondary door is needed for egression and equipped with panic hardware; or 2) reduction of the occupancy load below 50. Mann expressed concern about the inspector overlooking such an important safety issue, as safety should be paramount; and he requested that the Department Head inform the inspector of the inefficiency concerning this issue. He noted, however, that the City must abide by the law and cannot bend the rules to make accommodations for special situations. Upon Mann's question, Rust noted that a variance on the panic hardware is requested because both the front and bank doors are opened for business during the day. Lubovich clarified that the City cannot amend the Code to make excep- tions, and that he recommends against it because of the liability exposure. Chief Angelo explained that each year numerous buildings have to be inspected with limited staffing and that firefighters, with limited knowledge, are sent out with check lists to do basic inspections. He further explained that when the inspector eventually goes through a building, he may spot a violation. He noted that the only other choice would be to discontinue inspections by firefighters creating a greater liability to the City because of the vast territory fire inspectors would have to cover as well as code violations. Mann stated that there is no resolution to this problem because the fire codes and State law cannot be changed. SOAP ORDINANCE Chief Crawford explained that the SOAP Ordinance is meant to restrict prostitution and adopt the same ordinance as surrounding jurisdictions. He noted that the ordinance is designed to give offenders, guilty of prostitution, a warning that if caught on that stretch of the road they can be arrested. He recommended that the City of Kent enact or begin to process a SOAP Ordinance to join surrounding communities and keep prostitution on the move rather than allow them to gather in Kent. Lubovich clarified that the ordinance covers anyone convicted of prostitution, permitting prostitution, or patronizing a prostitute under Chapter 9.02 of the Kent City Code, and can be used as a condition of probation. Assistant City Attorney Allen noted that the SOAP Ordinance would allow police officers to arrest the prostitute on site rather than have an offering agreement by an undercover officer, or wait for some type of activity to occur before approaching or contacting them. He also noted that as a condition of release or probation, for someone sentenced with prostitution, an individual would not have any further violation or similar violation(s) to that which they were convicted of previously. He explained that without this ordinance an officer would not have the authority to arrest just for a probation violation. He explained that the ordinance specifies a misdemeanor and gives a basis for an immediate solution to the problem of prostitution which would get them off the street. He recommended approval of this ordinance. JOHNSON SO MOVED. Or seconded and the motion carried 3-0. It was agreed to have this item placed under the Consent Calendar for the January 4, 1994 Council Meeting. CHURCH ALARM ADDED BY COUNCILMEMBER ORR Orr explained that a church alarm continually goes off, sometimes in the middle of the night, and that it is a real nuisance to her neighborhood. She noted that it sounds like a siren which goes on and on, 9-1-1 has been called, officers respond to the complaints, and meet with neighbors, but that the problem still exists. Chief Crawford explained that alarms are very functional and valid, but that the Police Department can control the alarms and sensitivity to the alarms. He requested 10-15 days to work through and take care of this problem. Mann requested two issues be looked into as follows: 1) 3 strikes and your out for car and building alarms so if an individual does not repair the malfunctioning alarm, they would be fined, or if it is a false alarm, they could be fined also; and 2) a possible tax on alarms to take care of a police officer which is supposed to arrive at the scene within three minutes. Chief Crawford requested some time to investigate what can be done, and what type of program can be used to implement this type of ordinance. PUBLIC DEFENSE CONTRACT Lubovich explained that the public defense contract has been bid out every other year because of the cost and hassles of changing defense counsels each year. He noted that they recommend staying with the same attorneys this year as last even though the City did not go out to bid this year because they did not want it to interfere with a smooth transition into the new municipal court. He pointed out that the City paid $116,000 last year for the full year and then appeals ri were added onto the amount. He explained that this year it has gone up to $137,000 to include all appeals, about $100 a case, but that the current attorneys have assumed the same volume of cases as 1993. He noted, however, that because of the new court, it is anticipated a higher volume of cases will be filed in 1994. He explained that the average fee per case usually runs between $100 and $110 per case, and that Ellis, Li & McKinstry's proposal is not out of line with the going rate for such cases. He clarified that the recommendation is to enter into a contract similar to last year with Ellis, Li & McKinstry for the 1994 public defense contract for $137,000, including all appeals and costs (as a cap not to exceed this amount). JOHNSON MOVED to approve entering into an agreement for the public defense contract, as presented. Orr seconded and the motion carried 3-0. The meeting adjourned at 7:05 p.m. 3 Parks Committee Minutes December 14, 1993 Councilmembers Present: Jim Bennett, Chair; and Christi Houser. Staff Present: Jack Ball, Tom Brubaker, Cheryl Fraser, Lori Hogan, Alana McIalwain, Pam Rumer, and Helen Wickstrom. Others Present: Bill Doolittle, 412 N Washington, #31; Connie Epperly, 639 5th Ave. S; Keith Sanden, Riverbend Golf Director; and Doug Schwab, Golf Advisory Board. ACCEPTANCE OF METRO AND KING COUNTY CONSERVATION FUTURES GRANTS FOR RIVERVIEW PARK and ACCEPTANCE OF KING COUNTY CONSERVATION FUTURES GRANT FOR PURCHASE OF PROPERTY IN UPPER MILL CREEK CANYON Staff has received notice that the City will receive Metro and King County Conservation Futures grant to purchase Riverview Park, and a King County Conservation Futures grants to purchase Upper Mill Creek Canyon. Both King County and Metro will be sending interlocal agreements which will need to be taken to Council for action. The funding source for Riverview Park is 100% grants, as Metro is matching King County's funds. Public Works will match the $71,000 King County grant for the acquisition of Upper Mill Creek Canyon. Public Works would like to reserve those properties for drainage. Councilmember Houser moved to accept the Metro and King County Conservation Futures grants. Councilmember seconded. The motion passed 2-0. Staff will contact Councilmember Johnson by phone to obtain a unanimous vote for the consent calendar. SEATTLE WATER DEPARTMENT MIDWAY RESERVOIR PROPERTY Staff received a letter from the Seattle Water Department which needs to be returned by December 23 indicating whether the City of Kent has an interest in the Midway Reservoir property. The Parks Committee has indicated an interest in the past, and Helen Wickstrom requested direction from the Committee. Wickstrom explained that the assessed value of the property is $208,800. The City of Seattle is having the property appraised at this time, and the property will be for sale at the first of the year for the appraised value. Seattle is willing to accept 20% down, with 7% interest for a ten year -term, with one payment per year. The National Guard is also interested in a portion of the property. Wickstrom pointed out that returning the letter does not obligate the City of Kent to purchase the property. The Parks Committee directed staff to return the letter to the Seattle Water Department, expressing the City of Kent's interest in the property. t has cluded Wickstromexplaianeddfor eMay MMjllCreeker aCanyonint the kitsplevelnof servicedforngrowth Riverview Park PP management f the one e for more Midway orhoodrparksproperty would fall into the category o NEIGHBORHOOD PARK BASKETBALL HALF -COURTS sues in As a resultfarecon nw Jack article cl l apresented as list t of potential basketball t al si esfor residentialneighborhoods, basketball half -courts prepared by staff. rk nd ted th compa more rehensbive plane cantbe put together afterhanked him for his othe afirst aof the yearerh Hes said he c P has asked dtuntilu afterWthesfanirst Police ypapartments to hold off on citing individuals ntial pBall roxir. mity arge housing developments. t he tried to select He erecommendedstohich are close in the Committee for safe y safety reasons that the City not place courts in the vicinity of parking lots. Bill Doolittle suggested that staff contact the City of Federal Way, as hey have experienced problems at basketball courts they placed in existing parks. Cost estimates obtained from Hough Beck &eatfor a ralf court and full court spectively.hsesimatesincl de ground prep, base are $8,000 and $15,000, re op and net and one end, and construction material, asphalt or concrete slab, ho costs. The estimate for aopen coverede ofasket ranges itycm7 hoosestouse for per square foot, depending upon the type cover. RIVERBEND GOLF COMPLEX DIRECTOR REPORT Keith Sanden reported that business has lessened but the complex is pretty close to budget. A new ball washing machine is on line and working very well. Sanden and his staff have been receiving a number of requests for discount rates during the of -season. vertise thesef discounts i Pocalnpapersptoposal for discounts. Dgenerate additional trafficatlthe ll acomplex. RIVERBEND GOLF COMPLEX PROMOTIONAL POLICY Lori Hogan added that a policy has been developed by the Parks Department regarding promotions at Riverbend which stipulates that all promotions will be wa9ittuntil Patr ice Thorell returns on Thursday before implementing uested hhis at Mproposal r. n 12/14/93 Parks Committee Minutes - Page 2 of 3 The Parks Committee authorized Parks Department staff to proceed with negotiations with S.S.M.D. regarding promotions. YOUTH/TEEN CENTER REPORT Cheryl Fraser reported that the Youth/Teen Center Committee is close to completing their report for full Council. The Center Committee has been addressing two concerns which have been raised in the past, people outside of the City using the facility and not paying for it; and West Hill residents having access to the facility if it is built on the East Hill. The option of using school district facilities for the program was discussed at the November 9 Parks Committee meeting. Fraser reported that after much research, the Youth/Teen Center Committee has learned that the schools are not available on a consistent basis. Dr. Jim Hager of the Kent School District has assured the group that if the schools are available, the School District will make them available for the youth/teen program; and if the schools are not available, the School District is interested in discussing a joint bond issue. Fraser said this gives the Youth/Teen Center Committee hope. The Youth/Teen Center Committee is also very concerned about residents in the Valley and on the West Hill. The School District is looking into offering a facility for a Lighthouse program in the Valley twice a week. The Principal of Totem Jr. High is very optimistic about offering his facility for a Lighthouse program for those youth/teens on the West Hill. Fraser said it looks as though the recommendation from the Youth/Teen Center Committee to Council is to build a youth/teen center on the East Hill, located on the 248th site; and to offer Lighthouse programs in the Valley and at Totem Jr. High. The Committee will make its presentation to Council -in late January. Bill Doolittle requested information on the research done by the consultant regarding the feasibility of locating the program in vacant supermarkets, specifically the vacant Johnny's on the East Hill. Councilmember Houser requested information on operating and maintenance costs of such a facility. Fraser will supply both with the information they requested. OTHER Bill Doolittle inquired as to the status of the motorcross track. Tom Brubaker reported that during his latest conversation with Connie Epperly, she said she is looking at another site because of a wetland problem at the current site. The Committee will research this issue further. 12/14/93 Parlor Committee Minutes - Page 3 of 3 PRESENT PUBLIC WORKS COMMITTEE NOVEMBER 17, 1993 JIM WHITE JIM BENNETT PAUL MANN TONY McCARTHY DON WICKSTROM TOM BRUBAKER Speed Bumps in Cambridge GARY GILL ED WHITE MAY MILLER RAUL RAMOS JOHN BOND BRIAN JONES MR & MRS RUST John Bond stated that last September Virginia Manning of 26840 Downing'Ave. had submitted a petition to the City with 50 names requesting that the City do something about the speeding in their neighborhood, east of Star Lake Elementary School. Bond said the City did a speed study at that time which indicated 28 mph in both directions, directly in front of Mrs. Manning's residence. Bond said that this particular block is approximately 700 ft. long and there are two 900 turns at either end. Bond said that a second speed study was taken at a later date, showing the same speed of 28 mph and 23 mph in the curve by the school. Bond stated that in his opinion, these speeds do not indicate a dangerous speeding problem. He said that unfortunately, there are no sidewalks in that neighborhood. There is a walkway at the north end of Downing to Totem Jr. High. Wickstrom said that the plan is to put in a sidewalk in that Cambridge section to eliminate that problem. Mann suggested that this item be placed on the next Public Works agenda and suggested that Bond inform the residents of same. Recycling Yard Waste Contract Deferred to next Public Works Committee meeting. Van Doren's Street Vacation Wickstrom stated that we have received a formal petition for a street vacation on Landing Way from 64th Avenue S to S. 228th Street. He explained that Birtcher Properties wants to vacate a large portion. Birtcher owns all the adjacent property and they have a proposed development which will take a large portion of it. Wickstrom recommended that we proceed with the vacation. Wickstrom said the next Council meeting would be to establish the hearing date. 1 ecommendd a hearing ting Committee vacation of Landing Wayefromt64th Avenue S. dto the street Street. Everson Annexation Wickstrom said we have received Boundary Review Board approval for a small annexation on 218th Street on the East Hill south of Garrison Creek public heardwould be to hearing and then decide whether a not to set a date for a p annex. committee uanimously the EversonnAnnexation rat the December 7th Council meet. ate for meet g Bridge Repainting Wickstrom stated that approximately 3 months ago we received notice that federal funds were available for bridge painting projects. He said the Meeker painted et bridge over the Green Ci ' a to be repainted City's and was last p i974and needs within the next 1-2 years. Wickstrom said that the bridge fell within the federal qualifications for repainting. He saidquahe lify Cfor ity looked at it in terms of replacement but it would not q Y any replacement funds. He said the bridge was found to be structurally sound but functionally deficient, which means ha instead of replacing it, they would allow us to build a parallel two lane bridge, thus having four lanes with two bridges. Wickstrom said we applied for a grant; the total bridge painting project is $260,000 and we received an 80% grant. He said our share is $52,000. He said there is money left over in the unencumbered funds of the Street Capital Improvement funds to pay for our share. Wickstrom requested the Committee's approval for authorization to accept the grant, establish the budget and fund the local match. In response to White, Wickstrom said we have never painted the bridge because it was previously a State project, however after building the 516 by-pass, the State turned it over to us. Committee unanimously recommended authorization to accept the grant, establish the budget and fund the local match. Basketball Hoops Wickstrom said that this issue has already been discussed with Bennett and Mann. He said that residents have notified the City that there are basketball hoops placed adjacent to a City rightof way or road. Wickstrom said the road is being used as a play area for shooting basketballs and there is a liability to that. He said we have had to respond recently because of complaints, and had to address one in particular. In so doing, we saw six others on the 2 same street. Wickstrom said that this is in West Hill and we advised them that they have to remove the basketball hoop because of the liability. In response to White, Wickstrom said we do not have anything to replace the hoops. He said that the Police have advised us that there are 22 others within the entire City that they have received complaints about and now that we are aware of them, we have to address those as well. Wickstrom said that our approach is to notify the residents that they need to remove the hoops. White said that although he recognizes our liabilities, kids do use these and he feels that every time we do a park program hoops should be installed. Wickstrom said that our approach is not to go out and look for them but to respond upon receiving a complaint. Bennett said he will put this on the next Parks Committee agenda. 94th Avenue Storm Improvements Wickstrom said this was a contract with Moss Construction for the installation of a storm sewer system on 94th Avenue, north of James St. which was to address the downstream flooding problem. Committee unanimously recommended that the project be accepted as complete. Downtown Infrastructure Raul Ramos said that the City-wide sidewalk inventory is basically completed and now we need to get to the task of identifying the critical sidewalk deficiencies. He said that this can be done by identifying the schools and some other public facilities. Ramos referred to two CBD area sidewalk maps depicting areas where sidewalks had been replaced or ground down. In response to White's question on identifying the street tree problem, McCarthy said there is a workshop planned for December 7th. Ramos said that one of the tasks necessary is to update our street tree species list to allow for selection of different types of street trees. Cascade Commerce Park Bill of Sale Committee unanimously recommended acceptance of the Bill of Sale for Cascade Commerce Park and bonds released after the one year maintenance period. Soos Creek Sewer Potential Annexation Gary Gill explained that the Soos Creek Water & Sewer District is in the process of putting together an annexation in the area near the City's Kent Springs watershed, for purposes of providing sewer service to some properties which the Kent School District is purchasing for future school facilities, as well as some of the residences along the north end of Lake Sawyer. Gill said there are 3 several septic systems failing that are impacting the water quality of the lake. Gill said Soos Creek is requesting that the City support this annexation. In so doing, we would represent approximately 69 acres of a 450 acre annexation proposal. Gill said the area is currently zoned for urban development. Gill stated that at this point in time we are asking if the Council would support this annexation proposal. In response to White, Wickstrom said one downside to this would be that it would stimulate development, thereby creating a higher density than what is shown, which could affect our aquifer. Gill said that from an aquifer recharge standpoint, we would prefer that they have a lower density out there. Brubaker said he feels we cannot tie land use controls to our joining or not joining in on this annexation. Gill said that they originally had almost 60% support and there was a large land owner with 60 acres who was in support of the annexation originally. However, Bill Ruth has an option to purchase that land and believes he has tentative approval for preliminary residential plat on septic systems. Gill said Ruth didn't want to be tied into having to go on to public sewers. So the 60 acres, pulled out which dropped the percentage down to about 44% without the City. They originally were going forward without US. He said we could be included in the area and they still had the 60%. Wickstrom said the school district is pursuing it because he feels that by County ordinance, they are required to be on sewers and the Kent School District is the initiator of this annexation. Wickstrom said that we are looking for a recommendation that the City's property be included and we would be signing on as a petitioner. Committee suggested that this item be brought back to Public Works Committee on December 1st for further discussion. In response to White's question regarding whether Growth Management ties development to the sewers or can they develop without sewers, Gill stated that it can be developed without sewers but this particular area, since it is immediately adjacent to the existing district boundaries, sewer is very close by so they looked at this as an extension of the urban classification or zoning, thereby having a potential for higher use. Ubiqua Acquisition (277th Corridor) Wickstrom stated that we have made offers on two parcels of property, one being 10 acres and one approximately 3-1/2 acres. The offers have been accepted and returned to us. Wickstrom stated the offers were at the appraised values of $460,00 and $156,000, respectively. 4 Committee unanimously recommended moving forward with these two acquisitions. Bagman Deli & Cafe At the request of Mrs. Rust, Brubaker explained that a fire inspection was made at the Deli and Cafe, (owned by Mr & Mrs Rust's son) and the owners were instructed to make some improvements for fire safety. He said the complaint was that 'crash bars' were required to be installed on the back door of the cafe. Brubaker said that the owner's concern is, if there is a break-in thru a window, the crash bars on the doors makes an easy exit. The owner wants locked doors instead. White stated that because of the Fire Code, every public facility within the City is having to do the same thing. Committee suggested that Mrs. Rust bring this item to the next Public Safety Committee. Meeting Adjoured 6:10 P.M. 5 PUBLIC WORKS COMMITTEE DECEMBER 1, 1993 PRESENT: PAUL MANN ALANA MCALWAIN JIM BENNETT ROBYN BARTELT TONY McCARTHY HELEN NYLON, HEDGES & ROTH DON WICKSTROM MR & MRS RUST GARY GILL TOM BRUBAKER ABSENT: JIM WHITE Soos Creek Sewer Annexation Helen Nylon, of Hedges & Roth, explained that the Kent School District has approached the Soos Creek Sewer District with the need for an annexation. Hedges & Roth reviewed the water quality concerns in the area. Nylon said Kent's watershed and Covington's well field are in the vicinity. Nylon stated that they are anticipating this particular annexation to go forward. Referring to a map, Nylon showed which of the property owners had been contacted. Referring to the property Bill Ruth has the option on, Nylon said that the owner had originally expressed an interest in the annexation and has since withdrawn that request. Nylon said that this is currently being proposed under a septic system and there are approximately 45 - 50 homes that will be developed in the area. She said if the City allows the District to use Kent's watershed for calculation purposes, than the School District will be in a position of going in with about 45% of the signatures required toward their 60% certification. Kent's property would be about 15% of that area. Nylon said if Kent chooses not to become eligible for the certification process, than the School District will have to obtain 80 acres of additional signatures. Nylon stated that residences have approached the District, particularly the properties on the lake, who feel that their septics are failing and have been going thru the procedures of trying to get sewers. Nylon said there are many property owners wanting to be annexed into the District. Bennett asked if there is a problem with the failures affecting the quality of water. Gill said that is a definite concern. He said that the consultants who are working on the Wellhead Protection Program identified an area that they felt was within the "one year influence" area zone and it definitely includes the area in the northern portion of Lake Sawyer. Gill said our intake structures are probably deep enough where there is enough purification that it 1 has not impacted us as yet, but from the standpoint of protection of the watershed, sewers in this area would be a real benefit to the City. Bennett said that with the sewers comes more building and then more traffic. Gill said that most of the area has already been developed so there probably won't be a much greater density along .the lake. He said there is a portion that will be developed for a school with the rest of it being zoned for urban development which could be densities of 4 to 6 units per acre, which is a typical residential plat. Brubaker asked if the parcel to the north of our watershed is developed. Nylon said that's a 17 acre parcel and the owners indicated they would like to be within the district. Nylon said that several of the property owners in the northerly area want that .kind of designation protection, inasmuch as several owners feel their septics will fail in the next 10-15 years. Brubaker asked if the construction of homes in this area threaten our watershed. Gill said it would contribute to the stream course and that may be affected by some of the restrictions that the County has regarding setbacks. Gill said we would look at this very carefully because it directly discharges into the stream corridor and comes thru the corner of the watershed. Wickstrom said our infiltration galleries are higher than the stream. He said the City's property comes down into the stream and the well field is only 55 feet deep and then hits bedrock. He said we are above the stream bed so it will impact the stream, but not our facility. Referring to the map, Bennett asked if the red -lined area is significant with the requirement that the school district needs or is it compatible with the residences sewers that are failing and also, rather than go thru this every 3-4 years, could the red -lined area be squared off. Nylon responded that the area shown on the map is already in the district and they take every effort to exclude properties who have requested to be excluded. Committee unanimously recommended that Council give authorization for the City to sign the annexation petition. In response to Mrs. Rust, Gill stated this annexation would include the northwest portion of Lake Sawyer. Ordinance for Cable T.V. Brubaker stated we had previously requested authorization to seek rate regulation authority from the F.C.C. He explained that -we made an application with F.C.C. and unless the F.C.C. takes no action on this within 30 days from the date of application, it is deemed approved. Brubaker said that within the next couple of days, we expect to see no action taken and we will have our rate- making authority. He said the next step in the process is to adopt rules and regulations consistent with the National F.C.C. rules and regulations on the rate -making structure. Brubaker explained that we have 120 days from our certification date to do that. We think that since cable T.V. is a very sensitive issue, it would probably be appropriate to set a public hearing date on the ordinance proposing to adopt the F.C.C. rate structure as our own. At this time Brubaker gave a draft ordinance to the Committee for.review. Brubaker requested that a public hearing date be set for the second Council meeting in January, and adopt the F.C.C. rules and regulations. He said the next step is, the cable company completes the F.C.C. form, which basically is a form outlining their rate structure, and returns it to us within 30 days. We then have 30 days to determine whether or not their rates are acceptable. In response to Bennett, Brubaker said that if we don't do anything for 120 days, we will lose our certification authority because we will not have adopted rules and regulations consistent with the F.C.C. Committee unanimously recommended setting the public hearing date for the second Council meeting in January, for the adoption of the F.C.C. rules and regulations. Recycling Yard Waste RFP Brubaker said that he was given clear direction from the past executive branch, as to how the next RFP should be structured. He said that Mayor Kelleher's instructions were that when we send out the next RFP, we should weight our judgement on the applicants in three areas. The first consideration should be given to the price; the second should be given to the conveyance system and the third should involve the frequency and history of service. Brubaker said that if we go with this .system, we should probably add factors of frequency of pick-up, cost of obtaining the container and the ability of storage. Brubaker said if this was amenable with the Committee, he would put together an RFP to go out to bid. Committee concurred with the RFP concept as presented, subject to individual review by each Committee member. Bills of Sale Oak Hill Water & Sewer; Red Robin; The Meadow; Westminster Place Committee unanimously accepted the bills of sale for all four projects, as presented to the Committee. 3 Municipal Court Ordinance Brubaker stated that upon further review °hrase Municipal requires Ordinance, we have also included a p confirmation of the Court Administrator. Brubaker said that he will put a confirmation motion on Other Business for the Municipal Court Administrator. He further stated that there was an error in that ordinance in that it required the judge appoint pro -tem judges and that is inconsistent with State law which says that the Mayor appoints pro -tem judges. Committee concurred with this. Meeting Adjourned 6:30 P.M. 4