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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/18/1995 Cmtyof Kent City Council Meeting Agenda CITY OF 'I M0 Mayor Jim White Council Members Judy Woods, President Jim Bennett Jon Johnson Tim Clark Paul Mann Christi Houser Leona Orr July 18, 1995 Office of the City Clerk CITY OF LUL22 SV LS SUMMARY AGENDA KENT CITY COUNCIL MEETING - July 18, 1995 Council Chambers dN��'R� 7 : 0 0 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr CALL TO ORDER ROLL CALL V 1. PUBLIC COMMUNICATIONS A'� Introduction of Exchange Students from China VB: Introduction of Mayor' s Appointees ,C. Proclamation - Graham• Owners Club D-a-yuleeK Re Tonal Transit Authority Update � rocQ ion d ai N+isnt t Out 2 . PU L I C ZINGS one 3 . CONSENT CALENDAR Approval of Minutes Approval of Bills -e: 1996 Budget - Set Hearing Date 8 1996-2001 Capital Improvement Plan - Set Hearing Date E Public Participation Art Project - Appointment of Artist Bicycle Advisory Committee - Appointments and Reappointments �r Miscellaneous Project Funding .H-. Lexington Square - Bill of Sale Cashiering/Business License Position - Authorization 0: Voluntary Retirement Incentive Program ,Xl South Bend Final Plat FSU-94-8 - Set Meeting Date Human Services Commission Appointment Drinking Driver Task Force Appointment 4 . OTHER BUSINESS r1". Kent Saturday. Market Facility Acquisition and Budget Change B Beck Annexation Initial Zoning AZ-95-2 e Metricom Franchise Ordinance - Second Reading and Adoption B: Referendum 48 - Resolution `9 - -E: Initiative 164 - Emergency Ordinance 5 . BIDS 71�. Kent Commons Air Conditioning -B'. Fire Apparatus .e: Kent Springs Transmission Main Repair CONTINUED COMMUNICATIONS 7 . S 1 8 . ADJOURNMEN ' NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent(206) 854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A. Introduction of Exchange Students from China B. Introduction of Mayor' s Appointees C. Proclamation - Graham Owners Club Day D. Regional Transit Authority Update CONSENT CALENDAR 3 . City Council Action: Councilmember (,(/ftka-' moves, Councilmember-k : seconds that Consent Calendar Items A through M approved. Discussion rev Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 5, 1995. 3B. Approval of Bills. Approval of payment of the bills received through June 30 and paid on June 30, 1995 after auditing by the Operations Committee on July 12 , 1995 . Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/95 156741-157311 $1, 822, 295.27 Approval of checks issued for payroll for June 16 through June 30, 1995 and paid on July 5, 1995: Date Check Numbers Amount 7/5/95 Checks 204312-204703 $ 268, 537 . 06 Advices 25524-25919 485 , 525. 95 $ 754 , 063 . 01 Council Agenda Item No. 3 A-B Kent, Washington July 5 , 1995 Due to the holiday, the regular meeting of the Kent City Council was called to order at 7 : 00 p.m. on Wednesday, July 5 , by Mayor White. Present: Councilmembers Houser, Johnson, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, and Parks Director Hodgson. Councilmembers Bennett and Clark were excused from the meeting. Approximately 60 people were in attendance. PUBLIC Employee of the Month. Mayor White announced that COMMUNICATIONS Madelyn Phiel of the Public Works Department, Operations Division, has been selected as Employee of the Month for July. He noted that Madelyn greets everyone with a smile and cheery disposi- tion providing information or assistance to the public as well as employees . He also noted that she is very active in the City' s Wellness Program and is extremely dedicated to the idea of well- ness. Eddie Chu, new Public Works Operations Manager, noted that Madelyn is very well liked and that she is very good in the office operations system. He mentioned that she is also involved in the complaint tracking system which deals with the public, and that she has a real good handle on the system. Mayor White presented Madelyn Phiel with a plaque and congratulated her on being selected as the Employee of the Month for July, 1995 . Kent Community Foundation Donation. Mayor White noted that June was Kent Community Foundation Month and then introduced Brad Bell, President of the Foundation. Mr. Bell presented the City of Kent with a $7 , 000 check to help support the Kent Fire Department, "Fire Flies Newsletter, " the Kent Police Department' s "Attitudes and Choices Program, " the Kent Drinking Driver Task Force' s "Keep a Friend Alive" program, the Kent Parks Department' s "Canterbury Faire and Kent Kids Art Day. " He noted that the Foundation has enjoyed their relationship with the City in the past and hope to continue the friendship in the future. He explained that the Foundation supports Arts and Education programs in the greater Kent area and are proud to present the City with this check. Mayor White thanked Mr. Bell for the donation, and noted that the City appreciates working with the Community Foundation because they do good things in and for the community. 1 July 5 , 1995 PUBLIC Automatic Fingerprinting - King County Council- COMMUNICATIONS member Jane Hague. King County Councilmember Jane Hague, 516 - 3rd Avenue, Seattle, Washington, explained that she was present tonight to discuss the continued cooperation on fighting crime. She noted that this Fall an opportunity will be given to take a look and hopefully authorize the best crime-fighting tool besides the Police Department which is AFIS (Automated Fingerprinting Identification System) . Hague stated that since 1986, approximately 4 , 600 dangerous criminals have been taken off the streets because of AFIS and the ability to match fingerprints with a computerized database to put those people in jail. She further stated that of those 4 , 600 dangerous criminals, 850 have been identified as liars or people who have assumed another identity and would not have been detected without AFIS. She noted that 33 of those 4 , 600 criminals were wanted for murders and other vicious crimes which were so vicious as to not warrant bail. Hague explained that there are two particular reasons to renew AFIS which are: 1) It is a proven technology for law enforcement, and 2) this re-authorization takes advantage of a new third generation of technology that gives better and quicker service to all of the police depart- ments including the suburban police departments. She further explained that the AFIS levy is very important for suburban cities because with AFIS local police are often able to solve crimes for which they have no suspects as fingerprints can be sent through and the matching takes care of finding the suspect; without AFIS a suspect has to be in mind and can escape detection for years. She stated that AFIS is a regional system, and that the City of Kent' s best spokesman is Chief Crawford who has been a regional leader in not only coming together with the AFIS proposal, but also in sharing on the Regional Law and Justice Committee. She noted that Chief Crawford has done many fine things for criminal justice throughout King County, and is a real asset to the City as well as King County. She noted that Chief Crawford put together a technical committee that had taken a look at how to best bring this levy forward and has been very instrumental in dis- cussing several of the enhancements. 2 July 5 , 1995 PUBLIC Hague stated that when the Regional Justice Center COMMUNICATIONS is opened in 1997 , the AFIS system will be a very important tool for the City of Kent because it will enhance the ability to integrate what is happening with this Regional Justice Center to what is happening in the downtown (Seattle) faci- lity. She explained that it is critical for these two systems to integrate and talk to each other, that the levy would allow the replacement of an AFIS computer which will be an out-of-technology system in the next couple of years, and that by the year 2000 there will be no service on the existing system so it' s very important to stay current. Ms. Hague mentioned that several new things will be done with AFIS such as: 1) finger- printing youth at the Department of Youth Services and the North Rehabilitation Facility of which both places need to have fingerprints captured in order to enlarge the database and keep it func- tioning; and 2) looking at filling in gaps in the system because the new wave of crime requires a new generation of technology. She explained that the levy would continue efforts to decentralize a regional system and give more control to local jurisdictions. She further explained that one of the important aspects of AFIS is a $1. 3 million technology grant that allows suburban cities to apply for technology which is particular to their own policing efforts. She noted that AFIS is a bargain which is up $ . 05 from where it was five years ago, but that it is buying a state-of-the- art system and the ability to fight crime as crime proceeds into a new generation. She noted that Chief Crawford was given a handout of the basic components of the AFIS System and asked that the Clerk give a copy to each councilmember. Mayor White thanked Ms . Hague for sharing with the Council, and noted that he has had some discus- sions with Chief Crawford on this matter. He also mentioned that this is a worthwhile cause. Parks and Recreation Month. Mayor White read a proclamation declaring the month of July, 1995 as Recreation and Parks Month in the City of Kent. He noted that park and recreation services contribute to the overall quality of life in a . community and enhances the desirability of loca- tions for families, businesses, and stimulates tourism which increases a total community economic 3 July 5 , 1995 PUBLIC development model. He urged citizens to join in COMMUNICATIONS this nationwide celebration bringing recognition to all the benefits derived from quality public and private recreation and park resources at the local level. The Mayor presented the proclamation to Parks Director Hodgson. Festival of the Rivers. The Mayor read a pro- clamation declaring October 14 , 1995 as Green/ Duwamish Watershed Day in the City of Kent. He noted that the Green Duwamish Watershed Alliance is sponsoring a Festival of the Rivers to cele- brate the Green and Duwamish watersheds, and that this organization involves citizens, tribes, organizations, and agencies working cooperatively towards watershed management. The Mayor en- couraged citizens to participate in this special event of enhancement and protection activities such as stream clean ups, planting projects, plant salvaging, and educational workshops in order to make a rich and valuable contribution to their future. The proclamation was presented to Public Works Director Wickstrom. Regional Justice Center Update. Wendy Keller, Project Manager, gave a brief update on the Regional Justice Center project. She noted that it has been five weeks since the groundbreaking ceremony and that many things have happened on the site since then. She noted that offices have been set up for Hensel Phelps on the southwest corner of the site on Smith Street, and that the Regional Justice Center Site Office is located in the Centennial Building on the 3rd Floor. She ex- plained that all of the preload scheduled for removal is now gone and that the remaining soil will be used on the site. She further explained that they tried to be real responsive when anyone had an issue of the dust created by the moving of the soil by having extra water trucks there, and that they spent additional time making sure that the street was flooded a few times to help keep the dust down as well as sweeping it often. Keller noted that the steel has arrived early, and that they have started the formal pile driving which will drive 15 piles a day and continue for about 44 working days. She explained that they are using a new hammer for doing the piling which isn't as noisy as the typical pile driver. 4 July 5 , 1995 PUBLIC Keller noted that all of the stormwater retention COMMUNICATIONS system is in, and that the City completed the James Street Improvements which allowed King County to put in the 10 ft. high security fencing with a warning not to come in. She explained that they have also started the over excavation for all of detention, and that their goals are to have all piles out of the way, all paving on the site done, and all the foundations in before the end of September. She thanked everyone who attended the groundbreaking and noted that there are tons of pictures available for those who want to see them. She noted that King County is working with each department which is going to work in the building and that they will be walking through every department' s operational procedures over the next twelve months. Keller explained that in the twelve month period, there will be recruitment for new staff and new hires, arrangements made with the State for training of all the officers, and review of all the operational manuals for the equipment that will be coming into the building. She noted that pictures will be shown to the Council each month of the progression along with an executive summary of the activities. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR P be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of June 20, 1995. PUBLIC SAFETY (CONSENT CALENDAR - ITEM 3D) Pawnbrokers ordinance - Amendment. ADOPTION of Ordinance No. 3235 relating to pawnbrokers. During the 1995 legislature session, pursuant to House Bill 1012 , the State Legislature amended the Revised Code of Washington as it relates to the regulation of pawnbrokers. This ordinance amends Chapter 5 . 05 of the Kent City Code to be in - conformance with the recent state legislation. CODES (CONSENT CALENDAR - ITEM 3H) 1994 Edition of the Uniform Fire Code. ADOPTION of Ordinance No. 3236 relating to the Fire Code. The 1994 edition of the Uniform Fire Code has been 5 July 5, 1995 CODES adopted by the State to be effective June 30, 1995 . This ordinance amends Chapter 13 . 02 of the Kent City Code to adopt the 1994 Uniform Fire Code in conformance with state law. PARKS & (CONSENT CALENDAR - ITEM 3I) RECREATION Riverbend Golf Course Paving Project. ACCEPTANCE of the Riverbend Miniature Golf Course paving project as complete, and release of retainage to Hi-Grade Construction Asphalt, Inc. upon receipt of state releases. (CONSENT CALENDAR - ITEM 3J) Riverbend Miniature Golf Course Fencing. ACCEPTANCE of the Riverbend Miniature Golf Course fencing project as complete, and release of re- tainage to All-Ways Fence Enterprises, Inc. upon receipt of state releases. (CONSENT CALENDAR - ITEM 3K) Riverbend Miniature Golf Course. ACCEPTANCE of the Riverbend Miniature Golf Course project as complete, and release of retainage to Harris Miniature Golf Courses, Inc. upon receipt of state releases. (CONSENT CALENDAR - ITEM 3L) West Fenwick Lighting Project. ACCEPTANCE of the West Fenwick Lighting project as complete, and release of retainage to KB Electric upon receipt of state releases . COMPREHENSIVE (CONSENT CALENDAR - ITEM 3N) PLAN Amendment Procedures for Rent Comprehensive Plan. ADOPTION of Ordinance No. 3237 relating to Amendment Procedures for the Kent Comprehensive Plan, as recommended by the Planning Committee. The Growth Management Act requires that cities establish procedures for amending comprehensive plans, and stipulates that plans can only be amended once a year. This ordinance establishes procedures for amending the City' s recently adopted comprehensive plan, and establishes a timeline for annual amendments, standards of review, notification and fees. The Planning Committee discussed this item on April 18 , May 16 , and June 20 , 1995 and is recommending approval of the ordinance with some additional sections added. 6 July 5 , 1995 FRANCHISE (OTHER BUSINESS - ITEM 4B) Metricom Franchise. This date has been set for the first reading of the Metricom, Inc. Franchise Ordinance, followed by the second reading and proposed passage on July 18 for Council action, as recommended by the Public Works Committee. This Franchise relates to the use of a wireless data communication system connected through a device attached to utility poles. The City and Metricom were unable to agree on final language for Section 5 of the proposed franchise. Tom Brubaker, Assistant City Attorney, gave a brief presentation on the overall franchise. He explained that the essential function allows portable PC' s to connect through a wireless modem into the Internet. He noted that it' s a subscrip- tion based service which acts as an alternative to using a cellular phone or using a phone jack and that the devices used do not require digging underground but attach to utility poles or light standards and is about the size of a shoe box. He noted that it is visible up on the arms of the power poles and that they draw a minimum amount of power from the light unit. He also noted that this franchise will be for a five year term which will be renewable for one additional five year period, but that there is one point of contention regarding essentially the franchise fee. He explained that the City is allowed, by law, to charge a franchise fee if the City chooses to in order to grant the franchise. He stated, however, that most cities, to-date, have not charged any substantial franchise fee. Brubaker emphasized that the question is how far does the City want to push for a franchise fee and how much risk does the City want to take to lose the provision of this service and the benefit it would provide to the citizens. Brubaker explained that what he' s tried to offer Metricom is in exchange for the use of power from our power poles, that they provide us with a certain number of free subscriptions of which they have rejected. Mike Flynn, Right-of-Way Agent for Metricom, requested an opportunity to brief the Council on Metricom' s ricocheting network. Mayor White cautioned that this is the first reading of the 7 July 5 , 1995 FRANCHISE franchise ordinance and asked Mr. Flynn to just give a brief presentation. Mr. Flynn displayed a picture of what the device looks like in place and noted that the benefits to the City will include Fire & Police Services as well as to the City' s local area network by any and all users including City officials. He explained that it allows a user of a PC or Personal Digital Assistant to basically plug into a radio modem replacing the need for a phone line so a person can access the network from a remote location. He further explained that the one issue of providing free service to the City was rejected because they have not offered that service to any of the other cities in which they have contracts and that the contracts include a most favored nation type clause which states that "wherein if one City derives some benefit that another city has not then Metricom has to go back and re-do all of the contracts within the area to accommodate for it. " He explained that they are a very low cost pro- ducer with an unlimited access to the system for as low as $30 a month, but that they do not have a lot of margin to give away a free product in order to bring the benefits to the City. Upon Mayor White' s question, Mr. Flynn clarified that the power would be supplied either by the City of Kent or Puget Power. Brent McFall suggested that direction from Council to staff to prepare a final recommendation attempting to negotiate a final agreement on this franchise ordinance before it comes back to Council would be appropriate. WOODS SO MOVED. Orr seconded and the motion carried. STREET (CONSENT CALENDAR - ITEM 3M) IMPROVEMENTS LID 330 Segregation. ADOPTION of Resolution No. 1436 authorizing the segregation of Assessment m6 in LID 330, as recommended by the Public Works Committee. The property is being divided into 11 parcels, thereby each one paying its equal share of the assessments. SIDEWALKS (BIDS - ITEM 5A) 108th Avenue Sidewalks . Bid opening for this project was held on Thursday, June 29th with 2 bids received. The low bid was submitted by Tydico, Inc. in the amount of $71, 000. 00 . The Engineer' s estimate was $86 , 675 . 00 . The project 8 July 5 , 1995 SIDEWALKS consists of constructing an asphalt concrete pedestrian walkway along the east side of 108th Avenue S. E. from S. E. 264th Street to S. E. 274th Street and a gravel walkway along the south side of S. E. 274th Street from 108th Avenue S .E. to 110th Avenue S .E. It is the recommendation of the Public Works Director that this project be awarded to Tydico, Inc. for the bid amount of $71, 000. 00. MANN MOVED that the 108th Avenue Walkway/SE 274th Walkway contract be awarded to Tydico, Inc. for the bid amount of $71, 000. 00 Woods seconded. Upon Houser' s question, Wickstrom explained that the work on 274th is the alignment for the 277th Corridor and that it will be graded out which will cost $4000-$5000 . The motion then carried unanimously. POLICE (CONSENT CALENDAR - ITEM 3G) 1995 Summer Youth Academy Funding. AUTHORIZATION to use funds left over from the 1994 Summer Youth Academy (approximately $300) for the 1995 Academy, as requested by the Police Department. HUMAN (CONSENT CALENDAR - ITEM 3E) RESOURCES Secretarial Support - Planning Department. AUTHORIZATION for the Planning Department to hire a full time Administrative Secretary I position budgeted for the Meridian Annexation beginning August, 1995 utilizing $6, 239 from the Planning Department and $9 , 447 from budget savings with the necessary budget changes, as recommended by the Operations Committee. The Meridian Annexation secretary position author- ized for January 1, 1996 is requested to be moved up to August, 1995. The current temporary posi- tion is limited to five months per union contract. The Planning Department is now gearing up for the Meridian Annexation and had planned to use the current temporary person to assist with Planning Commission and staff work on the Meridian Annexation zoning and the census later in the year. 9 July 5 , 1995 HUMAN (CONSENT CALENDAR - ITEM 3F) RESOURCES Plans Examiner Position. AUTHORIZATION to create and fill one additional plans examiner position immediately, with further analysis during the first quarter of 1996 to better assess plan review workloads and staff resource adequacy, as recom- mended by the Operations Committee. The City has been contracting out "building code" plan review workloads since January of this year expending approximately $60, 000 . The level of development and construction activity during 1995 to-date has exceeded any similar period in our records and shows no indication of slowing. The level of demand and expense of contracting out excess work load justifies the addition of a full time plans examiner. ANNEXATION (PUBLIC HEARING - ITEM 2A) ZONING Beck Annexation Zoning AZ-95-2 . The second of two public hearings on the proposed initial zoning of the Beck annexation area was held June 20, 1995 but was continued to this meeting. The first hearing was held on May 16 , 1995 . Planning Director Harris explained that, at the request of Council, staff went back and reviewed the situation. He noted that a memo was sent to Council dated July 5th discussing some aspects of the initial annexation zoning and that the ori- ginal recommendation of R1-12 would be best for the area west of 94th Avenue. He noted that the two subdivisions, Wildberry and Rosemary Glen, would remain 7 . 2 zoning even though the properties vary greatly in size. Harris explained that west and north of 94th have almost all large lots and that the contour lines on the map indicate hill- sides or slopes. He further explained that the contour lines on the north part of the Beck Annexation are very close together which indicates that the slopes are very steep, that the south and west sides of 94th have very steep slopes, also but that the area east has a more gradual ingre- dient going up. The Mayor declared the public hearing reopened. Bob Gillespie, 10032 Northeast 38th Court, Kirkland, Washington, noted that he was present 10 July 5, 1995 ANNEXATION tonight on behalf of Overlook Associates which is ZONING proposing the zoning change. He explained that Overlook Associates is requesting a zoning desig- nation of R1-7 . 2 instead of the R1-20 that the Planning Commission has recommended or the R1-12 that the staff has recommended for three good reasons as follows: 1) It reflects the current use on that site, 2) It provides more housing in the area and is consistent with the City' s Comprehensive Plan; and 3) It makes very good use of the infrastructure that serves the area. He noted that it' s consistent with the Growth Management Act, the King County Wide Planning Policies, and the City' s Comprehensive Plan, and that a higher density also provides more oppor- tunity to offset the cost of the infrastructure which provides water and sewer service to the aria. Gillespie explained that it' s a zoning change at the time of project application and SEPA review, and that it' s also a time to establish the conditions that would protect views, talk about retention and detention facilities for surface water runoff, traffic mitigation, and a variety of other things. He urged the Council to act upon the request by Overlook Associates for R1-7 . 2 zoning. Judith McDougall, 23405 - 94th Avenue South, noted that she owns three smaller properties on the west side of 94th Avenue. She read and submitted a letter to the Council dated June 27 , 1995, and noted that she was involved with the residents of that area between 1984 - 1987 period when they went to the King County Council meetings to ascer- tain whether 94th Avenue South could handle traffic that the Wildberry Plat would add. She noted that the end result of the King County Commission was that the street could not handle the Wildberry Plat traffic much less Rosemary Glen. She also noted that, as part of the com- promise for the Wildberry Plat development, a statement was made that the developer would improve the 94th Avenue South conditions to handle the continued traffic. McDougall mentioned that when the improvements were done, a sidewalk was installed opposite seven of their houses and nothing else. She explained that there is a white line drawn on the edge of the street with a sharp drop-off where people are supposed to walk outside 11 July 5 , 1995 ANNEXATION of, and that there is single car traffic both ways ZONING with no spare room. She expressed that if the rest of the land west of 94th is parceled out into chunks which take more homes, the City will have to deal with and face the problems instead of King County. She noted that the reason the road could not be widened on the west side is because the existing homes on that side would have their front yards confiscated to make the road and that the houses would be rendered unusable. She expressed hope that the City of Kent would consider the existing people who live on 94th Avenue before more traffic is added to the area. She stated that one of the original reasons why many of the neighbors felt the zoning should be made R1-20 is so that the area could handle some single family growth, but not overgrowth. Don Whitener, 812 N. Hilltop Avenue, Kent, noted that he owns a piece of property at 233 - 94th Avenue of which he has owned for nearly 30 years. He expressed a real concern about the zoning for this area, and that he has not received any rational reasons why the property west of 94th should have another classification. He explained that when he purchased his property the land in the Beck addition was zoned one house per five acres and was part of the Soos Creek plan so his land sat for nearly 30 years because of that classification. He stated that in 1993 he learned the County was going to rezone the whole area to a 7200 sq. ft. lot classification, and that it was after the rezone when he started a program to develop his property. He noted that the City of Kent then annexed the area and that his 2 1/2 acres is developable except for a little problem with the slope on 1/2 to 3/4 acres. He pointed out that there is open space available, and that Rosemary Glen has much steeper property than his. He expressed hope that the City will be consistent with their zoning, and explained that the slope on his property is not too great for development because the expert people who have looked at his property indicate that it is developable. He expressed that he wants to do something with his property and develop it but that if it' s zoned R1-20, he won't be able to improve it. 12 July 5, 1995 ANNEXATION Suzanne Berrios, 9506 S. 234th Place, Wildberry ZONING Addition, read a letter that she submitted to the City on Monday. She noted that she can appre- ciate the investment in the lots of concern but that the children' s safety is also of great con- cern. She explained that bussing is not available for the children in this area so they have to walk along the side of the street where at any given time there is no more than 10 inches on either side of the white line. She further explained that the children have to walk single file and then cross the street at several different places where there are sidewalks which are very few and short. She noted that their homes will support the value of a new home put on a larger lot, but if cluster housing or apartments go in, it will not support the value. Paul Clements, 20720 - 4th Avenue South, Des Moines, noted that he was present to speak on behalf of his father, Larry Clements of 711 N. Hilltop Avenue, Kent. He explained that his father has ownership of property west of 94th Avenue, and that he is a registered Civil Engineer in the State of Washington who recommends highly the zoning designation for the area west of 94th Avenue be R1-7200 . He further explained that his father' s property is located right next door to Mr. Whitener' s property, and that both properties are very developable, suitable parcels for the 7200 sq. ft. lots. He noted that his father passed out a map two weeks ago at Council showing the potential division of his property which would add a very positive addition to the City with single family homes and that it would be very much in accordance with some of the newer subdivisions in the area including Wildberry. He noted that his father went back and made a tally of the size of the lots in Wildberry, and that they recommend strongly the zoning west of 94th Avenue South be held at R1-7 . 2 . Karen Madden, 9435 S. 233rd Place, noted that the Planning Commission never gave the option of 7 . 2 on the west side of 94th, but that it was either R-12 or R1-20. She noted that they know the big picture of Kent and that the Council needs to consider their thinking. Steve Madden, 9435 S. 233rd Place, noted he would like the City Council 13 July 5 , 1995 ANNEXATION to consider whether or not the street can handle ZONING the traffic. He explained that it is a very narrow street with multiple groups of children running up and down and that the key issue is whether the street can be safely widened enough with sidewalks on both sides so that kids can walk to and from school . He noted that the street and safety issue is one of the major issues and that if something happens to a child on that street it will be remembered. John Mercer, 23401 - 94th Avenue South, noted that his property is located west of 94th Avenue South, and that they have a combined property size of about 45 , 000 sq. ft. He expressed concerns about the safety problem on 94th Avenue South because there are several natural and fabricated obstructions on the street that would make it very difficult to widen. He noted that widening the street would require people to essentially give up their property in order to take the easiest route through and it would then make some driveways unusable on both sides of the street depending on which way the street is widened. He stated that the 7200 sq. ft. lot size on the east side of 94th would not be consistent with the traffic that would be on the street, and that the City Council should consider whether 7200 is a reasonable lot size on the east side as well. He expressed that if all of the remaining developable property is developed at that density, a major problem will exist on 94th Avenue. He noted that to develop that annexation to any of the plans would require reconsideration of the traffic pattern and flow in the area, and that it would require some people to give up portions of their property to provide access to other streets to get out onto James Street. He explained that access to the major freeways to the north is virtually impossible because there are steep roads that wind so virtually all traffic comes south on 94th Avenue to James Street. He expressed that the best alternative here is to work up a comprehensive plan for that area, and find out what the impact will be on the area, not only the visible but also the economic impact to the residents and the safety impact. He strongly urged the Council to consider what will happen long term in that area before making any decision, to work out a detail plan, and in the interim go to the absolute minimum density that can possibly 14 July 5 , 1995 ANNEXATION be accepted for that area. Robert Kega, a resi- ZONING dent of Wildberry, noted that there should be a lower density in this area for safety reasons because he has had a couple of near misses on 94th Avenue where it narrows and becomes very dangerous and hazardous. He stated that safety is a major concern, but also that the water pressure in Wildberry is very low and if numerous other homes are put in there it will degrade the water pres- sure. He further stated that it could deter the fire department from effectively fighting a fire if one were to occur. Dave Hemboldt, 22521 - 94th Avenue South, noted that he lives at the north end of the street, and that he is pleased with the suggestion that it go R1-12 . He stated that if it' s zoned R1-12 it will allow him to develop his property as he feels it should be, but if it were anything more he would agree with the impact on the street. Greg Parsons, 9316 S. 237th Place, Peachtree Lane, noted that he has two primary concerns as follows: 1) the safety on the road because it is very narrow; and 2) the water sur- face management east of 94th Avenue. He noted that he lives west of 94th and that even with the storm drain system that the City of Kent put in on his residence going down the hill, paralleling Peachtree Lane to the north, there still seems to be a water runoff problem. He noted that the 7 . 2 zoning east of 94th will only increase the problem of surface water runoff, and that he hopes this problem is taken into consideration in this zoning decision. WOODS MOVED to close the public hearing. Orr seconded and the motion carried. ORR MOVED to make the letters from Judith McDougall and the Planning Commission a part of the record. Woods seconded and the motion carried. ORR MOVED to refer this item to other business at the City Council' s July 18th meeting so that. Council will have an opportunity to look at the new information that was presented tonight. Johnson seconded. Upon Harris ' concern, the Mayor clarified that there will be no other public debate on this issue, unless Council directs, and that a decision will be made in two weeks. The motion then carried. 15 July 5, 1995 ANNEXATION Orr noted for the audience that the fastest way to ZONING find out what the final outcome is would be to call the Planning Department on Wednesday morning, July 19th. COUNCIL (CONSENT CALENDAR - ITEM 3C) Council Workshop on Initiative 164 . AUTHORIZATION to set a workshop for 6: 00 p.m. on July 18 , 1995 to review and discuss the impacts of Initiative 164 , "The Private Property Regulatory Fairness Act. " (CONSENT CALENDAR - ITEM 30) Council Absence. APPROVAL of an excused absence for Councilmember Paul Mann from the July 18 , 1995 City Council meeting. He will be out of town and unable to attend. (CONSENT CALENDAR - ITEM 3P) (ADDED BY COUNCILMEMBER WOODS) Council Absence. APPROVAL of an excused absence for Councilmember Bennett who could not be in attendance tonight. (OTHER BUSINESS - ITEM 4A) Hate Speech. Pursuant to Kent City Council direc- tion at its June 20th meeting, this resolution sets a City policy in opposition to those indivi- duals or groups that incite discord and disharmony against people with differing backgrounds, phi- losophies and cultures. WOODS MOVED to adopt Resolution No. 1437 establishing a policy opposing "hate" speeches. Johnson seconded and the motion carried. WATER (BIDS - ITEM 5B) Kent Springs Transmission Main Repair. Bid opening for this project was held on Friday, June 30 . Due to time constraints between the bid opening and preparation of the Council packets, the Public Works Director submitted a memorandum to Council with detailed information of the pro- ject as well as the recommended bid results. MANN MOVED to authorize the Director of Public Works to award the Kent Springs Transmission Main Repair contract to R.W. Scott for the bid amount of $1, 130, 950 . 76 only after the City has received all required permits . Woods seconded. 16 July 5, 1995 WATER Richard Padden, Attorney representing Robison Construction, Inc. , (RCI Construction) explained that RCI was the third lowest bidder on this project, but that the lowest bidder, DPK Construc- tion, was rejected for failure to acknowledge an addendum to the bid. He noted that the second lowest bidder, R.W. Scott, is who the Assistant City Attorney is recommending the bid be awarded to, but that his client is protesting the award to R.W. Scott on the basis that they have failed to meet the requirements of the bid document and that their bid was nonresponsive. Upon the Mayor' s question, City Attorney Lubovich clarified that there is no formal process established for oppos- ing or appealing an award of a bid and that the City Council can entertain any protests. Mr. Padden explained, for the record, that his practice relates to bid protest and that he has been involved in over 100. He stated that their procedure is to come before Council and if they are unsuccessful then their next step would be to go to Superior Court, but that' s what they are trying to avoid. Mayor White noted, for the record, that there are attorneys who almost daily threaten to sue the City. Andrew Albrecht, Superintendent and Vice-President of Robison Construction, stated that they do not intend on suing the City of Kent and that they do not have a history of doing that, but he explained that R.W. Scott failed to properly execute their bid documents. He noted that Robison Construction did properly execute their bid documents and that they are qualified to perform the work both in the field and administratively. He asked the Council to .give serious consideration to awarding to R.W. Scott given the circumstances that they failed to properly fill out the documents which are very clearly noted. He felt that the Council had three options as follows : 1) to award the bid to DPK, 2) award to RCI as the lowest responsible bidder, or 3) re-bid the project. Mr. Padden apologized to the Council and explained that he didn't mean to threaten but was just explaining what their procedure was short of Superior Court. He noted that the form in question that R.W. Scott failed to execute was an affidavit certifying that they did not collude, that they are not using a sham, 17 July 5, 1995 WATER that they are going to abide by the law on paying minimum wage, that they are not violating any immigration laws which is called the combined affidavit and certification form. He explained that it is significant and feels the City does not have the authority to waive this form as a minor irregularity because the bid document states, "Failure to comply shall result in rejection of any bid not so complying" . He expressed that that language effectively takes away the discretion, in his opinion, of the City by telling all the bid- ders that if you don't do this, it shall result in the rejection of your bid. He noted that the public bidding laws require protection of the public and provide a fair form for bidders. He urged the Council, at minimum, to delay the award for further review and either re-bid the job or award it to Robison Construction. Tom Brubaker, Assistant City Attorney, explained the rejection between the first bid and the second bid. He noted that the lowest bid was rejected because it did not reference and include adjustments made in Addendum #2 , and that DPK _. Construction did not bid on the full contract specified by the City of Kent. He explained that, in the .City' s opinion, it created a material and unfair advantage for the low bidder over the other bidders because they did not bid on the full pro- ject. He stated that R.W. Scott was then con- sidered the lowest responsible bidder at that point. Brubaker noted that since then a protest has been received by RCI which is another good, excellent and respected contractor with many of their points very well taken. He clarified that it is true that the non-collusion affidavit was not signed by the President of R.W. Scott Construction, and it is also true that the bid documents say, "Failure to comply with executing the various bidder' s documents shall result in rejection of any bid. " He explained that the non- collusion affidavit is only one of a number of bid documents that are submitted in the bid packet, that R.W. Scott did sign in every other place where it was indicated, that his name was typed on the signature line by the company but he neglected to sign it even though it was also notarized, and that, in his opinion, the City could hold R.W. Scott Construction Company to this non-collusion 18 July 5 , 1995 y WATER affidavit as well as to the entire bid. Brubaker explained that case law in Washington looks to one central factor of whether or not this irregularity or failure creates a material advantage or benefit to the person who is awarded the contract. He explained that, in his opinion, there is no pro- blem with this bid because the document displays every intent that R.W. Scott intends to be bound by this form and that R.W. Scott is still the lowest bidder. He further explained that the City does require bidders to comply with the various forms, but it also reserves the right to waive informalities in the bid. He clarified. that the motion authorizes the Public Works Director to award the bid after the City has received the necessary permits, and that he recommends the bid be awarded to R.W. Scott. Mr. Padden stated that the real key question is can you force R.W. Scott to sign that form, is it binding, and does he have to abide by it. He did not feel that the City Attorney or City Council can read the intent of R.W. Scott's mind and hoped that the Council would reconsider their position. Brubaker clarified that he is not trying to read R.W. Scott' s mind, but stated that it appears to be, in the Assistant City Attorney' s opinion, an informality of which the City has the right to waive that informality. Mr. Albrecht requested the Council to give two weeks to look closer at the documents. Upon the Mayor' s question, Wickstrom clarified that the City was missing the grading permit from King County when the bid documents were prepared, but that the permit has been faxed to the City now. He noted that the language was already there but it just gave the City a little bit more flexi- bility. He noted that the City wanted to have the ability to award the project assuming that the permit hadn't come in on time, and that they wanted to award the project so it could be started next week because there is a critical time frame to be in and out before the rain starts. He explained that the project is in the back where wetlands are and that all sorts of things have to be done when it is dry. MANN WITHDREW HIS MOTION asking that the Council be given the opportunity 19 July 5, 1995 WATER to look into this matter and postpone it to the next meeting. Mann requested that the legal de- partment look into other court cases with regard to this particular matter, and how they've acted when confronted with this particular matter of a lack of signature on this particular document in the bid process. Upon Mann' s request, Lubovich stated that Brubaker had done some preliminary review of case law and that based upon that he has given his opinion. Lubovich noted that now that the permits are in and if the City decides not to delay, it is possible for the Council to go ahead and award it or authorize the Public Works Director to award it. He noted that the City could either reject all bids, delay for a couple of weeks, award it tonight, or award it to Robison Construction. Houser expressed her preference to delay it because the City needs to assure people that they are studying the issue fully so that everyone feels comfortable with the decision. Orr noted concern about how a document can be notarized without a signature and that she would prefer to delay until the Council is assured. Upon consensus of the Council, Mayor White noted that this item will come back to Council in two weeks with the appropriate research. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through June 15, and paid on June 15 , 1995 after auditing by the Operations Committee on June 28 , 1995 . Approval of checks issued for vouchers: Date Check Numbers Amount 6/15/95 156253-156740 $1, 62414.78 . 29 Approval of checks issued for payroll for June 1 through June 15 , 1995 and paid on June 20 , 1995 : Date Check Numbers Amount 6/20/95 Checks 203918-204311 $ 295 , 691. 82 Advices 25104-25523 513 , 985 . 23 $ 809 , 677 . 05 20 July 5 , 1995 REPORTS Planning committee. Orr noted that the next meet- ing will be on July lath at 4 : 00 P.M. She also noted that two weeks ago she had requested and received concurrence from the Planning Committee to put together a Task Force to look at the City' s downtown plan. She explained that since then, after conversations with Legal and Planning Staff, she believes that would not be .the best approach. She noted that tonight the Council adopted the amendment procedures for the Comprehensive Plan and that this may be the most appropriate method for dealing with any zoning changes in the down- town plan. She expressed hope that the Mayor would agree with Council, accept the adopted pro- cess, and submit the appropriate requests for review at the proper time. Orr mentioned that a report in a recent newspaper article stated that Mayor White had commissioned a study which showed a high incidence of violent crime around the downtown taverns. She inquired as to why the Council was not informed of this report, and then requested a copy of that report as soon as possible so the Council could know what is happening in the downtown area. Mayor White clarified for Orr that he did not commission a study, but just simply asked the Police Department for a report of which the Council will be given a copy. The Mayor noted for Orr that a letter has already been sent to the Planning Commission and that the appropriate response would be for them to respond to his letter. He also noted that in the future he would not have a problem following what the Council has adopted, but that the downtown area has a number of pressing issues and hoped they would move ahead with those, bring a recom- mendation to the Council, and then the Council can go on from there. Administrative Reports. McFall noted that pro- gress is continuing in the acquisition of a facility for the Saturday Market. He noted that they are in the final phases of the feasibility study and are awaiting some information on the Level I Environmental Assessment before final recommendation is made to the Council . He explained that there is no anticipation of any problems because there were environmental assess- ments done on this site just a few years ago that 21 July 5, 1995 REPORTS were clean. He stated that the plan at this point is to present the package to the Operations Committee at its next meeting and then if they concur, it will come to Council with a recommendation on July 18th. Mayor White noted that a citizen brought a piece of metal, resembling shrapnel, into his office today after finding it on his roof following last night's illegal fireworks displays. The Mayor requested that Council again address the issue of both legal and illegal fireworks in the City of Kent and consider banning them in the future. He referred this issue to the Public Safety Committee for review. ADJOURNMENT The meeting adjourned at 8 : 55 p.m. Donna Swaw Deputy City Clerk 22 Kent City Council Meeting Date July 18 , 1995 Category Consent Calendar 1. SUBJECT: 1996 BUDGET Sim uFaAT�T� n�;-- 2 . SUMMARY STATEMENT: Authorization to set August 1, 1995, as the date for the first public hearing on the 1996 budget. The final public hearing will be held on November 7, 199; in anticipation of a November adoption of the budget. Public input is desirable and welcomed as we begin to prepare for the 1996 budget. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3C Kent City Council Meeting Date July 18, 1995 Category Consent Calendar 1. SUBJECT: 1996-2001 CAPITAL IMPROVEMENT PLAN -BCE 2 . SUMMARY STATEMENT: Authorization --- ted to set August 1, 1995, as the date for a public hearing on the 1996- 2001 Capital Improvement Plan. The Capital Improvement Plan includes the Capital Expenditures for the next six years and will be the Capital Facility portion of the City' s Compre- hensive Plan. This Plan must be amended each year by September 1st. Public input is encouraged as n lize5 1996-2001 Capital Facility Plan. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3D Kent City Council Meeting Date July 18 , 1995 Category Consent Calendar 1. SUBJECT: PUBLIC PARTICIPATION ART PROJECT 2 . SUMMARY STATEMENT: Authorization to appoint Carolyn Law as the artist for the Kent Public Participation Art Project. One June 27 , 1995, the Kent Arts commission chose artist Carolyn Law to work with the public through open workshops on the creation of individual art elements (photographs, photograms, text, etc. ) . This art will ultimately be used by the artist on her own larger work that will be placed along the Green River Trail. 3 . EXHIBITS: Carolyn Law's resume and project overview are attached 4 . RECOMMENDED BY: Arts Commission and Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $21, 000 SOURCE OF FUNDS: City Art Plan - Ordinance No. 2552 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3E CAROLYN LAW 716 N. 66th Street Seattle,Washington 98103 (206)782-1294 BORN 1951 Morgantown,West Virginia EDUCATION 1974 M.F.A. University of Washington,Seattle. Printmaking/drawing 1972 B.A. Georgetown University,Washington, D.C. Fine Arts/Biology INDIVIDUAL EXIIBITIONS 1994 "Essential Repose", Kittredge Gallery, Unv.of Puget Sound,Tacoma,WA. Installation 1993 "The Most Basic 2", 911 Media Arts, Seattle, WA., Window installation 1992 "The Most Basic", Henry Gallery, Unv. of Wa., Seattle,WA., Installation 1991 "The Next Generation?", Linda Farris Gallery,Seattle,WA., Installation 1990 "OH...LOOK...LISTEN...... Linda Farris Gallery, Seattle, WA., Installation 1988 "HomeWoddResponse", Linda Farris Gallery,Seattle,WA. 1984 "Concepts for World and Home Living", Linda Farris Gallery, Seattle, WA. 1982 "Place Panic", Linda Fanis Gallery, Seattle, WA. 1981 Littman Gallery, Portland State University, Portland,Oregon, Installation "2 Places For Thinking To Look",Tacoma Art Festival, Tacoma, WA., Installation 1980 "Slipping a Few Quirks Over On The Urban Grid", ARC Gallery, Seattle, WA. 1979 "Places/Elsewhere, Linda Farris Gallery, Seattle,WA., Installation 1977 "Paperworks", Linda Farris Gallery, Seattle,WA. 1976 "Works/Paper", Broadway Fillies Gallery, Seattle,WA. SELECTED GROUP EXHIBITIONS 1994 "Agents of Change",Washington State Convention Center,Seattle Kirkland Art Center Open, Kirkland, WA. 1993 "Women Sculptors on Paper., Linda Farris Gallery,Seattle,WA. 1992 "20th Anniversary Show", Linda Farris Gallery,Seattle, WA. "Annual", Kirkland Art Center, Kirkland,WA. 1991 "Computer Art", North Seattle Community College,Seattle,WA. 1990 "Bellingham Annual",Whatcom Museum of History and Art, Bellingham,WA. 1988 "Northwest Artists", Gensler&Associates, L.A., CA. 1987 7 Artists/Ibis Computer Works", Associated American Artists, Tacoma, WA. "Seattle Sculpture 1927-1987", Bumberbiennale, Bumbershoot Arts Festival, Seattle,WA. "Seven Alumni",Georgetown University,Washington, D.C. "Private Visions, Public Spaces. Current Public Art Projects", Bellevue Art Museum, Bellevue, WA. "Large Drawings", Linda Farris Gallery,Seattle,WA. 1986 "Northwest Artists Books", Carolyn Staley Fine Prints, Seattle,WA. "Dwellings", NBBJ Architects, Seattle, WA. "Contemporary Book Arts". Sarah Spurgeon Gallery,Central Washington University, Ellensburg,WA. 1985 "East/West/East". Public Art Space, Seattle, WA. ArtQuest'85", Los Angeles, CA.,Traveling 1982 "Artist Spaces", Whatcom Museum of History and Art, Bellingham,WA. 1981 "The Washington Year:Assemblage", Henry Art Gallery, University of WA.,Seattle, WA. 2 SELECTED GROUP EXHIBITIONS (continued) 1980 Eight Seattle Artists", Los Angeles Contemporary Art Institute, LA., CA. "Arts Connection IV", Greenwood Galleries, Seattle,WA. "Annual Drawing Invitational", Center Art Gallery,Seattle Pacific University, Seattle, WA. "Drawings'Relationship to Prints", Davidson Galleries, Seattle, WA. 1979 "Washington Open", Seattle Art Museum, Seattle, WA. "19 in 1979", Linda Farris Gallery,Seattle,WA. 1978 "Paper As Medium", Smithsonian Institute,Washington, D.C.,SITE traveling show "Formed Paper",4-person show,Wenninger Graphics, Boston, MA. "New Talent in Printmaking", 6-person show, AAA Galleries, New York, N.Y. & Philadelphia, PA. "Prints; Northwest", Tacoma Art Museum,Tacoma, WA. "100 New Acquisitions:Prints and Drawings", Brooklyn Museum of Art, Brooklyn, N.Y. 1977 "Contemporary Issues: Works By Women On Paper",The Women's Art Center, L.A., CA.,traveling exhibition "34 Prints from 6 Artists", Visual Arts Center, Anchorage, AK. "West Coast Prints", Impressions Gallery, Boston, MA. "Contemporary Printmaking",Miami-Dade College,Miami,FL. "4th National Print Exhibition", Honolulu Academy of Art, Honolulu, HI. 1976 "30 Years of American/20th National Print Exhibition", Brooklyn Museum, Brooklyn, N.Y. "American Prints: Seattle", 5-person show, Philadelphia Print Club, Philadelphia, PA. "5 Seattle Printmakers", Anne Hughes Gallery, Portland, OR. "In Touch: Nature,Ritual and Sensuous Art", Portland Center for the Visual Arts, Portland, OR. Grenchen International Print Exhibition,Grenchen,Switzerland "Third Annual Print Exhibition", University of Dallas, Dallas, TX. 1975 "Northwest Artists Today", Seattle Art Museum, Seattle, WA. "Seattle/7/Printmakers", Birmingham University, Birmingham,AL. "Seattle/?",Center Art Gallery, Seattle Pacific College, Seattle, WA. 1974 M.F.A. Thesis Exhibition, Henry Art Gallery, Seattle, WA. Philadelphia Print Club, Philadelphia, PA. PUBLIC ART PROJECTS 1994- Factoria Transfer Station,_King County Arts Commission,WA.. Work with design team of architect,engineer aria landscape architect on ways to impact the concrete surfaces of retaining walls and facility building. Design work just begun. 1994- Metro Trolley Expa Sion Route 70 Seattle WA. Design team project with engineers and landscape team on the system's overall esign. Consider innovative waysto affect the aesthetics of the system hardware and the streetscape,as well as consider how the trolley route can respond to three distinct neighborhood along the route from downtown. 1993-1994 Ephrata,Washin on/Entrances Park and Arts Ian. Design artworks to mark the three entrance exits to the town,design team work on the new transportation center for rail and bus and a city plaza,write arts plan for future artworks to include ideas for kinds of artwork and sites. The three entrance artworks work off the spectacular landscape of semi- arid desert at the southern end of the Grand Coulee. They will use earthwork, local basalt rock in all its variations from columns to tallis shards and landscape using indigenous plants. 3 PUBLIC ART PROJECTS (continued) 1991-92 Bainbrid a Island Washin n/Hi h School Road Local Im rovement District Design team project working wit a a scope arc elect and arc itect/p annex to design amenities along a 2 mile stretch of road. Five 5'x5'sections of sidewalk were replaced with artwork at hubs along the roadway. The sections were made of sections of dyed concrete cast in innovated techniques to create images. Phrase from two local poets acted as counterpoints to the images. 1985-86 North Bend Washin on/State Fire Training Cent r Wash!n on State Arts mmission. "The Mastery of ire",a two-artist design team with Dennis Evans. Design of interpretive trail incorporating seven sculptural gates permitting safe and informative public access to the facility and training activities. Each gateway explores a point in the history of fire through visual imaging and text. Fabrication pending funding. 1983-85 Broad Street Electrical Substation Annex Seattle,Washington Seattle Arts Commission and Seattle Ggy t fight. ember of design team which designed annex facility and changes to existing yard to unite the two facilities. Within overall design there were areas of discreet artwork. Two 12H x 75'W sections of fencing were designed: one section was viewed by car commuters;the other section for pedestrians. 1981 Tacoma Arts Commission The City Arts Festival,Tacoma Washin ton. "2 Places For Thinking To Look". Designed and tabricatea two-part sculptural installation for Stadium High School Amphitheater: one part involved all participants of the festival-a structure which everyone had to pass through when entering;the other part focused on individuals and had to be reached by walking way up into the stands and could only be reached through an effort on a person's part. 1979 Seattle Arts Commission Artist-in-Residence CETA grant Seattle.WA. Designed and executed a series ot temporary outdoor sculptural installations at Urnish Art Institute over the period of one year. Worked with individual students and classes on additional installations. PROFESSIONAL ACTIVITIES 1991-93 King County Arts Commission, 1%for Art, Project Manager, Harborview Medical Center project. 1989-91 Washington State Arts Commission,Art in Public Places, Project Manager for projects at institutions of higher learning and state agencies. 1988 Visiting artist, Artists Unlimited, Seattle,WA. Worked for three months with a group of artists with cerebral palsy which resulted in a group installation,which revealed aspects of their lives throught art to the non-disabled person,at Bumbershoot Arts Festival,an annual event in Seattle. 1986-90 Seattle Design Commission,Seattle,WA. Commission member by mayoral appointment. Review of all projects and planning activities utilizing capital funds of the City of Washington. 1986-87 Washington State Arts Commission,Olympia WA. Consultant and juror to three Art in Public Places projects: University Medical Center, University of Washington;Western Washington State Hospital,Tacoma,WA.;Child Study Treatment Center,Tacoma,WA. 4 1985 Centrum Foundation,Visual Arts Program, Port Townsend, WA. "Habitat Workshop"for fifth-eighth grades. Taught with a landscape architect. 1982 Collaboration with Seattle architect Zany Rouch on an art work to be executed for the Whatcom Museum of History and Art which explored the shared concerns of architect and artist. 1980 Centrum Foundation,Visual Arts Program, Port Townsend,WA. Gifted High School Students Workshop. Workshops exploring a range of 2-D and 3-D concerns with the intent of creating an atmosphere which spawned open creative thinking. 1977-78 Seward Park Art Studio,Seattle,WA. Taught advanced workshops in mixed media printmaking. 1976 Washington State Cultural Enrichment Program,Artist-in-the-Schools. Developed and taught a series of week-long workshops in 8 rural schools for elementary to high school age students. 1975 Centrum Foundation, Visual Arts Program, Port Townsend,WA. Gifted High School Students Workshop, mixed media,installation. 1975 to present Panel member and juror for numerous art projects locally and nationally PUBLIC COLLECTIONS City of Seattle Brooklyn Museum Microsoft Corporation Rainer Bank,Seattle American Telephone and Telegraph Corporation University of Dallas,Texas Evergreen State University,Olympia,WA. Safeco Corporation,Seattle Honolulu Academy of Art,Hawaii Maimi University, Oxford, Ohio Seattle Sheraton Hotel H.J.Heinz Corporation NBBJ Architects Other Seattle area firms A COMMUNITY PORTRAIT OF THE GREEN RIVER CAROLYN LAW "This kind of project is exactly what I am most interested in doing. One that has the goal of involving people. One that gives ordinary people the broadest format to be expressive (AND CREATIVE) within. One that has the flexibility to let the idea about form and materials come from the artist." This is what I wrote in my letter of interest. As I thought about this project, went back and forth with ideas, I realized that I wanted to accomplish two things. 1. I want people who are involved in this project to feel that their participation has been different from anything they've done before and. leaves them with an association with the river that may go into the future. I want to try to make everyone's involvement thought provoking, challenging, fun and unique. 2. 1 want to make something symbolic, beautiful and well crafted, as well as functional, that sits in proximity to the river and brings people into the world of the river - that also marks a spot along the length of the river through Kent. I have chosen to give the project a clear focus - THE RIVER. How do you see it? Which part of it is special to you? How would you make an image that gives your impressions of the river? If you were going to take one photograph of the river , where would you do that and what would be in it? How would you describe the river in a few words? How was it in the past? How is it now? I want people who participate in my project to spend time thinking about, looking at and being in the presence of the river. I want them to use this as a springboard to create and suggest images and words that combine to give us a portrait of this body of water. I think Kent thinks the river is important. The city has done a number of things to enhance to presence of the river in the city. By doing this they are inviting people to it, as well as underscoring the important contribution this river makes to the overall physical and emotional definition of Kent. I have tried to come up with creative and diverse ways of having people make something that can become a part of the art. I also must emphasize that part of what is important for me to accomplish in a participatory project, is having the participation be a process that involves thinking, making choices, seeing something in a different light, having to spend enough time and energy that you take more away from your involvement.. t I have chosen three ways to have the community work with me on this project: 1 . PINHOLE CAMERAS So many people take photographs. A bizillion roles of film are shot and processed. With an easy to use pinhole camera, you get to take one very special photograph. The photos produces by this method are quite lovely and can be very different from your garden variety snapshots. I can imagine setting up along side the river a number of prearranged and publicized times to accomplish this. 2. PHOTOGRAMS AND/OR CYANOTYPES This is a very direct and easy way to make images. Objects are placed on light sensitive paper, exposed to the sun for some seconds and processed in water. They are really fun to make and can be very beautiful and poetic. Photograms are black and white, cyanotypes are blue and white. This could be done both at the river and at other venues such as the Canterbury Faire, the library, etc. 3. STORIES AND WORDS I would like to allow people who don't think of themselves as being visually creative a way to be involved. I feel that this can be through words. People can share short phrases that finish a leading sentence, relate an experience, tell a story from the past or present. I would take those words, edit them and incorporate them into the piece in conjunction with images. This could be done at different venues as well as through the historical society and in get-togethers with other groups. THE IMAGES AND WORDS BECOME... All of the images and words would be translated into porcelain enamel steel "tiles" . This is an industrial grade process used in road signs and other high use situations. For example, the location maps for the Green River Trail are done with this process. These would be one color and white. The images can have a high degree of detail. I WOULD ALSO LIKE TO FIND SOME COMMUNITY MEMBERS THAT ARE INTERESTED IN WORKING WITH ME ON THE INSTALLATION OF THE ARTWORK. For this part of the project I will be working with the technical expertise of Kathy Fridstein who is a Seattle artist and teacher. She has done many photography , pinhole camera and photogram workshop and classes with children and adults. THE SITE FOR THE ARTWORK I have not chosen a final site, although I have found three I am interested in which are marked on the trail map. I would like to spend more time in Kent and at the river as well as talking with community members before a final choice is made. THE ARTWORK While I am drawing out a form for this proposal, I am hoping that if selected I will be able to continue thinking about the final piece and make changes that are a result of working with community members. What I do want to achieve is to have a sculptural object that can be interacted with by a number of people at the same time or by one, that is flexible in how it is used but is primarily serving as a place to meet, to sit and rest, eat lunch or snack, take a drink before continuing. Next I want it to be a marker. Finally I want a viewing place or platform which can provide a better view of the river by letting one get above the height you are at walking, running or biking on the trail. I want this form to be rich on the surfaces with the "tiles", the relief images and words which can be accomplished through a formliner that the concrete is cast against. I also want it to be grounded by including the ground plane as part of the piece. I will add additional color through the use of an amazing material called Milestone that has been developed by an individual in Seattle. This material creates a very durable, stone-like surface which can be mixed with rich pigments, unlike typical concrete, and is be directly over the finished concrete surface. For this portion of the project I will be working with another local artist, Benson Shaw, whom I have worked with on other concrete related projects. He has a wealth of knowledge about the use of concrete in unusual applications which necessitate odd formbuilding, etc. IN CLOSING I hope that you are intrigued by my proposal and are willing to let it fly. I feel that the community would enjoy it and benefit from their participation. I also feel that we will leave something wonderful by the river. Kent City Council Meeting Date July 18 , 1995 Category Consent Calendar 1. SUBJECT: BICYCLE ADVISORY COMMITTEE 2 . SUMMARY STATEMENT: Confirmation of the Mayor's reappoint- ment of Steve Babbitt, Steve Nuss, and David McLean to continue serving as members of the Kent Bicycle Advisory Board. Mr. Babbit's and Mr. McLean's terms will continue to 12/31/96 and Mr. Nuss' term will continue to 12/31/95. Confirmation of the Mayor' s appointment of Robert Brehm, Scott Manthey, and Bob Schneider as new members of the Kent Bicycle Advisory Board. All three are avid bicyclists and have indicated an interest in serving on the Board. Mr. Brehm will replace Mark Davis, who resigned, and his appointment will continue to 12/31/96 . Mr. Manthey will replace Monte Smithson, and his term will continue to 12/31/95. Mr. Schneider will replace Steve Knight and his new term will continue to 12/31/96. 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE: JULY 12, 1995 SUBJECT: REAPPOINTMENTS AND APPOINTMENTS TO KENT BICYCLE ADVISORY BOARD I have recently reappointed Steve Babbitt, Steve Nuss,and David McLean to continue serving as members of the Kent Bicycle Advisory Board. Mr.Babbitt's and Mr.McLean's terms will continue to 12/31/96 and Mr.Nuss' term will continue to 12/31/95. I have also recently appointed Robert Brehm, Scott Manthey, and Bob Schneider as new members of the Kent Bicycle Advisory Board. All three are avid bicyclists and have indicated an interest in serving on the Board. Mr.Brehm will replace Mark Davis,who resigned, and his appointment will continue to 12/31/96. Mr. Manthey will replace Monte Smithson, and his term will continue to 12/31/95. Mr. Schneider will replace Steve Knight and his new term will continue to 12/31/96. I submit this for your confirmation. JW:jb Kent City Council Meeting Date July 18. 1995 Category Consent Calendar 1. SUBJECT: MISCELLANEOUS PROJECT FUNDING 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, uthorization to establish a signal cabinet replace- ment project fund in the amount of $20, 000 and the transferring of funds thereto, as well as to the Frager Road Guardrail project fund in the amount of $7, 200 and further, as well as to the Central Ave. and Pioneer St. Pedestrian Signal fund from the 259th St. & Central Avenue Signal project fund (R3M $10, 136 remaining) , the Green River Bridge at Central Avenue Project fund (R96 $18,729 remaining) and the Frager Road & 212th St. Channelization project fund (R50 $1, 335 remaining) . 3 . EXHIBITS: Public Works Committee minute and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (2-0 phone concurrence with Judy Woods) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: .ACTION• Council Agenda Item No. 3G DEPARTMENT OF PUBLIC WORKS July 10, 1995 TO: Public Works Comm'ttee FROM: Don Wickstrom RE: Miscellaneous Project Funding The attached memo reflects a problem we have been having with the traffic signal systems at the intersections of James St. & West Valley Highway and 228th St. & West Valley Highway. The problems have been traced to the cabinet wiring. These cabinets are all prewired and to fix same will require the replacement of the cabinets. The estimated cost of replacement is $20,000 total. In addition, we have two federally funded projects (guard rail installation along Frager Road ($70,000) and pedestrian signal installation at Central Avenue & Pioneer Street ($30,000)] for which the local match has not been budgeted. Said match is $10,200 ($7,200 for Frager & $3,000 for pedestrian signal). We are proposing to fund said sum from leftover monies that remain in various completed street projects. As such, we recommend that a budget of $20,000 be established for the cabinet replacement project and that the monies for same and the matched monies for the Frager Road guardrail project (R39 Fund) and the Central & Pioneer pedestrian signal project (1324 Fund) ($7,200 and $3,000 respectively) be transferred thereto from the 259th & Central Avenue signal project fund (R3M, $10,136 remaining), Green River Bridge at Central Ave project fund (R96, $18,729 remaining) and Frager Rd & 2121h St. Channelization project fund (R50, $1 ,335)• ACTION: Authorize establishing a signal cabinet replacement project fund in the amount of $20,000 and the transfer of the monies thereto and also to the Frager Rd guardrail project and the Central & Pioneer pedestrian signal project from the completed project funds noted above. DEPARTMENT OF PUBLIC WORKS June 30, 1995 TO: Don Wickstrom, Public Works Director FROM: Gary Partridge, Traffic Signal Technician VIA: Ed White, Transportation Engineer�Z_ SUBJECT: Cabinet Replacement on West Valley Highway and James Cabinet Replacement on West Valley Highway and S. 228th On June 28, at approximately 4:15 pm I received a call reporting that the signal system at West Valley Highway and 228th was not serving eastbound, westbound or left turn traffic. The citizen reporting the problem also stated that she had observed many cars running the red lights,this was due to short green times. John Rostad and I checked the intersection immediately from the VMS, and observed that the vehicle detection was operating erratically, causing the controller to actuate phases improperly-and to not serve other phases at all. After arriving at the intersection and troubleshooting the equipment, I determined the problem to be due to bad wiring inside the cabinet. On numerous occasions prior to this I have responded to citizen complaints concerning perceived malfunctions which resulted in near accidents. Each time the intersection was found to be operating properly. The wiring problem is also evident at James and West Valley Highway. We have taken some temporary measures so that the same problem will not occur here. Both of the controller cabinets were purchased and installed in the same approximate time frame. In order to prevent future problems it is necessary to purchase and install new cabinets at these locations. The cost of replacing both cabinets will be no more than $20,000. PUBLIC WORKS COMMITTEE JULY 10,1995 PRESENT: TIM CLARK TOM BRUBAKER JIM BENNETT GARY GILL DON WICKSTROM ABSENT: PAUL MANN Miscellaneous Project Funding Wickstrom explained that we have two signals (James & West Valley Highway and 228th & West Valley Highway) that have been malfunctioning. The problem has been traced to some wires in the cabinets. He said that when we rebuilt the intersections we tried to save money and retained the existing cabinets which are prewired cabinets. To fix the problem, we have ordered new cabinets at $10,000 each. Wickstrom further explained that we have two federally funded projects (Frager Road guardrail and the pedestrian signal installation at Central Ave & Pioneer, for which the local match has not been budgeted. The match is $10,200 (7,200 for Frager & 3,000 for the pedestrian signal.) Wickstrom said that there are funds remaining from the 259th & Central Ave signal project fund, ($10,136), the Green River Bridge at Central Ave project fund ($18,729 remaining) and the Frager Rd & 212th St. Channelization project fund ($1 ,335 remaining). Committee unanimously recommended establishing a signal cabinet replacement project fund in the amount of $20,000 and the transfer of the monies thereto, and also, to transfer $7,200 to the Frager Rd guardrail project and to transfer $3000 to the Central & Pioneer pedestrian signal project from the completed project funds as noted. Metricom Franchise Clark asked Brubaker what we would gain from this franchise. Brubaker said that we have a right to charge a franchise fee. However, any franchise fee we impose will be listed on the subscriber's bill as an additional charge. Brubaker stated that every subscriber to the Metricom network will get a monthly subscription fee plus a City of Kent City Council Meeting Date July 18 , 1995 Category Consent Calendar 1. SUBJECT: LEXINGTON SQUARE 2 . SUMMARY ST TEMENT: As reco ended by the Public Works Director, uthorization to accep the bill of sale for Lexington Square submitted by Lak ridge Development, Inc. for 588 feet of water main, 919 feet If sanitary sewers, 590 feet of street improvements and 979 fe t of storm sewers and release of bonds after expiration period7 The project is located in the vicinity of 114th Avenue SE and SE 267th Street. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3H u ..._...-__ W EAST HILL < W = 53 F ? 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I $T \ Rb,O ma's' SE 261ST \ll a ST W � 7 L � < <Pvt)SEQUOIA JR.H1. w1 SCHOOL $ A '� SE .y} f1p• AtnlehC 0 P tO o field SE 264THST 26LL�PO SE 264TH ST } SE 264TH ST~ `'E a 516 > W es a PROJECT LOCATION "°". a SE 265TH � W W � W $F 266TH PL a < .Rase '> ST = z w SE 267TH _ m N Ly �p w N O ui j ST 266T11 rn N SE 268TH PL ST W SE 269TH ST 'F • Ty � i y� `% SE 270TH /Ty Sr < SE 270TH ST %% ST G A�j.SF x n h V W r e 4 _ WM1 J p W L S E 2715T = F �~ F S p Q z ST_ � O1 29 28 - SE 272ND ST L4 SE 272N0 ST 9�� ~ > \ SE W usSE 32 W W � a. = aaa cc 4 a a a w N A W SE 273RD PL = W 274T1 � � .N. > .N. > N 0 �' > ST _ 274TH ST < < SE 278T/ ' SW c 274TH ST d x z ST so= LL < < SE 276TH sT To p x SE 276 PL 276TH WAY > t NE TREK .. � ss � w ` MENTARY SE 277TH x ' \ iCMOOL rL SE 277TH PL 4. 40 xV ' N SE 280 TH ST 280 PVT RD g S W N N � • �O to SE 281ST ST w �� a 5p� SE a 282ND ST g 8 SE 282ND LAj W , a m = SE - 284T H N LEXINGTON SQUARE SE 284TH - ST Kent City Council Meeting Date July 18 . 1995 Category Consent Calendar 1. SUBJECT: CASHIERING/BUSINESS LICENSE POSITION 2 . SUMMARY STATEMENT: As recommended by t e Operations Committee at their Ju 12 , 1995 meeting, /4uthorization ±s­ TNeq4_stQd-to approve one_ful,l time and one regular part-time customer service position for-the--'_On€-Stop" entp ► ia1 1 ttm� _cwT�o ;�h Rol a Business License and Receipting Center. corresponding budget change of $34 , 647 with $15, 000 coming from additional General Fund Revenue and $19 , 647 from Utility Funds. This request has been recommended by Administration, Planning, Public Works departments and the State Auditor' s Office, who support our plan to move these responsibilities into the Finance Department. 3 . EXHIBITS: Memo from May Miller, memo from Tom Vetch 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $34 , 647 SOURCE OF FUNDS: $15 , 000 General Fund Revenue: $19 , 647 Utility Fund 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I MILLER,MAYENE / KENT70/FN - HPDesk print . - --- - - - - - - - - - - --- -- - ----- -- -- -- ----- -- -- - bject : CASHIERING/BUSINESS LICENSE POSITION tteator: Mavene MILLER / KENT70/FN Dated: 06/30/95 at 1513 . TO: MAYOR WHITE, COUNCILMEMBERS FROM : MAYENE MILLER, FINANCE DIVISION DIRECTOR SUBJECT :CENTENNIAL CASHIERING/BUSINESS LICENSE RECEIPTING PROPOSAL USING THE "ONE STOP" PAYMENT CONCEPT, ESTABLISH AN EXPANDED CASHIER/BUSINESS LICENSE SERVICE AT THE CENTENNIAL CENTER EFFECTIVE AUGUST 1, 1995 . THIS WOULD REQUIRE ADDING ONE FULLTIME AND ONE REGULAR PART TIME PERSON TO THE FINANCE STAFF AND TRANSFER OF FUNCTIONS FROM PLANNING TO FINANCE . THIS WOULD ALLOW COVERAGE EVERY DAY AND INCREASE REVENUE BY ACTIVE AUDITING OF BUSINESS LICENSE AND MATCHING THIS TO SALES TAX RECEIPTS . BACKGROUND SEVERAL YEARS AGO THE BUSINESS LICENSE COLLECTION AND BILLING AND ALL RECEIPTING WERE RESPONSIBILITY OF THE FINANCE DEPARTMENT. THESE FUNCTIONS HAVE BEEN MOVED TO SEVERAL DEPARTMENTS AND NOW HAVE COME FULL CIRCLE WITH THE RECOMMENDATION THAT THEY BE TRANSFERED BACK TO FINANCE . HAVE MEET WITH ADMINISTRATION, PLANNING, PUBLIC WORKS AND THE STATE AUDITOR 70 REVIEW OUR PROPOSAL. ALL AGREED THAT THESE ARE FINANCIAL RESPONSIBILITES AND NEED TO 3E MOVED BACK TO FINANCE . BY ROTATING CASHIERS FROM CITY HALL TO CENTENNIAL CENTER, WE WILL BE ABLE TO PROVIDE A PERSON EVERY DAY AT CENTENNIAL AND BUILD BACK-UP CAPABILITIES . THIS WILL ALLOW US TO COVER VACATIONS, AND SICK LEAVE AND PROVIDE IMPROVED INTERNAL CONTROLS . IN ADDITION WE PLAN TO SPEND ADDITIONAL TIME AUDITING THE BUSINESS LICENSE/SALES TAX RECIEPTS TO INSURE COLLECTION OF ALL TAXES DUE THE CITY. OTHER CITIES WHO ACTIVELY AUDITED HAVE EXPERIENCED IMMEDIATE INCREASED REVENUE . WITH THE ANNEXATION AND ADDITIONAL LICENSES AND RECEIPTING, WE ARE REQUESTING HIRING THE ANNEXATION CASHIER TWO MONTHS EARLY (AUGUST 1, 1995) , AND ARE REQUESTING AN ADDITIONAL REGULAR PART TIME PERSON TO ALLOW FULLTIME VACATION, AND SICK LEAVE COVERAGE AND INCREASED AUDITING. THIS WILL COST $34 , 647 FOR 1995 AND CAN BE COVERED BY EXPECTED INCREASED BUSINESS LICENSE REVENUE OF $5 , 000 AND INCREASED SALES TAX REVENUE OF $10 , 000 PLUS UTILITY REIMBURSEMENT OF $19 , 647 FOR SETTING UP ANNEXATION UTILITY ACCOUNTS . THE TRANSFER OF THESE FUNCTIONS WILL ALSO ALLOW PLANNING TO DEVOTE THEIR TIME TO REVIEWING & APPROVING BUSINESS LICNESES AND FOCUSING ON OTHER PLANNING WORK THAT HAS INCREASED WITH GROWTH AND ANNEXATION. COUNCIL ACTION: RECOMMEND ADDING ONE FULLTIME AND ONE REQULAR PART TIME CUSTOMER SERVICE POSITIONS FOR "ONE STOP" CENTENNIAL RECEIPTING AND BUSINESS LICENSE BILLING AND COLLECTION. RECOMMEND ALSO THE BUDGET CHANGE OF $34 , 647 WITH $15 , 000 FROM 1CREASED GENERAL FUND REVENUES AND $19 , 647 FROM UTILITY FUNDS . June 26, 1995 TO: May Miller W FROM: Tom Vetsch SUBJECT: Proposal for Business Licenses and Centennial Cashiering to be Consolidated. RECOMMENDATION: We recommend that Business Licenses and Centennial Cashiering be consolidated under Customer Services Unit of the Finance Department effective August 1, 1995 . ADVANTAGES: 1. One Stop Cashiering at both the Centennial and City hall buildings. 2 . All Cashiering activities will have single accountability and serve all departments located in the Centennial and City hall buildings . 3 . Consolidation of all licenses such as: business, gambling, solicitors and vending licenses. Ordinance review and recommend changes implemented to enhance revenues and services to the business community. 4 . Cross reference of information in both the GEO Base and ICS systems would enhance processing and reduce potential duplication. 5. All utility payments for TCI cable, Kent Disposal, Washington Natural Gas, US West or other telephone payments could be added in the development of a one stop payment center for the City of Kent. 6. The changing of the existing Licensing Ordinances to increase potential revenues in the following areas: a. Vending and Foods Services b. Temporary Business Permits C. Outside Contractors Licensing/Permits 7 . Enhancements to the billing process for business licenses will be explored, such as quarterly or semi-annually. 8 . Improved reporting of business types , employee types etc. Increase auditing and revenue generation by linking Business Licenses and other State Sales Tax Systems . RESOURCES REQUIREMENTS: Original Staffing (Centennial Building Opening 1990) 1 FTE Business Licenses in Planning 1 1/2 FTE Cashiering positions shared with Public Works Planning and Code Enforcement. Current Staffing 1. 1/2 FTE Business Licenses in the Planning Department Cashiering in the Office Of Development Services Current Staff is covered by three staff members on hourly basis. Recommended Staffing 1 FTE Finance Cashiering Position (grade 22) * Annexation Account Set Up 1/2 FTE Finance Business Licenses (grade 22) Positions would be transferred with current grade and changes may be recommended if all are crossed trained and have similar responsibilities. 1. Recommend that the current Business License and Cashiering functions be transferred to the Customer Service Unit of the Finance Department. 2 . * Requesting authorization to hire an additional person, two months early, effective August 1, 1995 to handle cashiering activities at the Centennial complex. Depending on Annexation requirements effective January 1, 1996 we still may require an additional 1/2 FTE to the 1996 budget to cover unexpected staff requirements to meet annexation services. This position was already approved prior to the Cashiering and Business Licenses functions were transferred to Customer services. j m > > > > m > U7 c n m m 'm m m y > r �Z n > C) C m r m - c r -i 2 m — > C Q cn > o c c W C r 00 0 r>- m cn r > D © w m m 0 > D < SN > >.i > > N N Z ID N N N N G m > > > > z m = Cl) K � m a s o o n U > N W W � 4 O O �I © o a N { D P W > L Q m U w w W O C) n o o o rn P J O O N J U) N P a P P O U) N N 7 0 P > a 1 m m U N N W O O O J O P O P O n O U U P A A > 3 m —v 1 > co m N m mU J (n W P w O W L. CC11 C C C P 1 1 U) Lo (n (1) n c> (n (n m N (n (n (n > > > > N Cn Cn n 0 cn Cn N //4/ Kent City Council Meeting Date July 18 . 1995 Category Consent Calendar 1. SUBJECT: VOLUNTARY RETIREMENT INCENTIVE PROGRAM 2 . SUMMARY STATEMENT: Aproval to implement the Voluntary Retirement Incentive Program for 1995-96, as recommended by the Operations Committee. The Voluntary Retirement Incentive Program provides a temporary window of opportunity for eligible employees to retire from the City while providing them additional financial security. The purpose of the program is to recognize and reward the dedica- tion, loyalty and distinguished service of long-term employees, while providing savings to the City. 3 . EXHIBITS: Memorandum 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, council-member seconds DISCUSSION: ACTION: Council Agenda Item No. 3J MEMORANDUM DATE: July 18, 1995 TO: Mayor and City Council FROM: Sue Viseth, Human Resources Director/V,/,k SUBJECT: VOLUNTARY RETIREMENT INCENTIVE PROGRAM For the past two years, the City has offered eligible employees a Voluntary Retirement Incentive Program. The purpose of the City's program has been to recognize and reward the dedication, loyalty and distinguished service of long-term employees, while providing savings to the City. We would like to offer this program to eligible employees again for 1996. This Incentive Program provides a temporary window of opportunity for eligible employees to retire from the City while providing them additional financial security. The following is a brief overview of the eligibility criteria for retirement under the State PERS and LEOFF systems and an outline of Kent's proposed Voluntary Retirement Incentive Program. THE STATE OF WASHINGTON RETIREMENT SYSTEMS Eligible employees of the City of Kent are required to participate in the State of Washington Public Employees' Retirement System (PERS) or, in the case of Police and Fire, the Law Enforcement Officers and Firefighters System (LEOFF). To be eligible for retirement an employee must meet certain criteria. A summary of the State's criteria is outlined below: PERS PLAN - Retirement Criteria Any age with 30 or more years of service, or age 55, with at least 25 years of service, or age 60, with at least 5 years of service. PERS PLAN II- Retirement Criteria Age 65, with at least 5 years of service, or age 55, with at least 20 years of service (reduced benefit). LEOFF PLAN I- Retirement Criteria Age 50, with at least 5 years of service. LEOFF PLAN H- Retirement Criteria Age 55, with 5 years of service, or age 50, with 20 years of service (reduced benefit). There are currently fourteen(14) City employees who meet the State criteria for service retirement. There may be additional employees who satisfy this criteria through a combination of public service and/or military service. In such cases only the State can determine retirement eligibility by combining prior service records. The City does not have access to this information. VOLUNTARY RETIREMENT INCENTIVE PROGRAM All employees who meet the State PERS or LEOFF retirement criteria would be eligible to participate in the City's Voluntary Retirement Incentive Program. All eligible employees who want to participate in the Incentive Program must notify the City of their intent to retire no later than January 1, 1996 and must retire from the City on or before January 31, 1996. In the past, the City's Voluntary Retirement Incentive Program had been offered in conjunction with the State's Early Retirement Plan. The State did not pass the Early Retirement bill this year. Because social security eligibility is based on employees' earnings each calendar year, it would be most beneficial to employees if the Retirement Incentive Program was offered at the beginning of the year. This time-line will allow employees to benefit from the City's Incentive Plan and still qualify for social security for 1996. In recognition of employees' dedication and years of service, the City will pay each eligible employee an amount equal to $400 for each year of service to the City of Kent. This compensation amount shall be based on the last full year of service to the City of Kent. For example: an employee who has completed 25 years of service would receive a retirement incentive payment of$10,000. Eligible employees will be required to pay taxes on the full amount of the retirement incentive payment. Furthermore, in accordance with Department of Retirement System (DRS) rules, the amount of the retirement incentive payment shall not be reported to the retirement system to be part of employees' pension calculations. The Human Resources Department has prepared a report that identifies the number of employees who are eligible to participate in the Voluntary Retirement Incentive Program and the monetary incentive payment they would receive upon retirement. A copy of the report is attached to this memorandum for your information. I recommend that the Council authorize the implementation of this program. If I can provide further-information or be of further assistance, please let me know. AA0peratns.wpd Kent City Council Meeting Date July 18 , 1995 Category Consent Calendar 1. SUBJECT: SOUTH BEND FINAL PLAT #FSU-94-8 2 . SUMMARY STATEMENT: Authorization to set August 1, 1995 as the date for a public meeting to consider a final plat application by Joe Singh of Pacific Industries, Inc. The preliminary subdivision was approved by King Count upon the East Hill/Ramstead annexation, the final plat under Kent's jurisdiction. This plat is 4 .77 acres in size, consists of 13 lots, and is located at S.E. 270th Street and 116th Avenue S.E. (northeast corner) . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3K 1W Kent City Council Meeting Date July 18 . 1995 Category Consent Calendar C'0A/ Mr5Siotl 1. SUBJECT: HUMAN SERVICES 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Jason Hong to serve as a member of the Kent Human Services Commission. Mr. Hong works in the retail grocery business and is active in the Korean/American Chambr of Commerce of Seattle. He will replace Marijean Heutaker, who resigned and his term will continue to 1/1/98. 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3L MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL M BERS FROM: JIM WHITE, MAYOR DATE: JULY 12, 1995 SUBJECT: APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have recently appointed Jason Hong to serve as a member of the Kent Human Services Commission. Mr.Hong is a Kent resident and is looking forward to working with the Commission. He works in the retail grocery business and is active in the Korean/American Chamber of Commerce of Seattle. Mr. Hong will replace Marijean Heutmaker,who resigned and his term will continue to 1/1/98. I submit this for your confirmation. JW:jb cc: Jim Harris, Planning Director Lin Ball, Human Services Manager Rk Kent City Council Meeting Date July 18 , 1995 Category Consent Calendar 1. SUBJECT: DRINKING DRIVER TASK FORCE 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointment of Sally Johnson to serve as a member of the Kent Drinking Driver Task Force. Ms. Johnson previously served on the Task Force and served an internship through Green River Community College at Seattle International Raceways where she initiated a Drinking Driver Awareness Program. She has al� served as Saturday Market Coordinator and as a member of Kent Chamber of Commerce Board of Directors. Ms. Johnson's appointment will become effective immediately and will continue to 1/1/97 . 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember' seconds DISCUSSION: ACTION• Council Agenda Item No. 3M MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR 4j DATE: JULY 12, 1995 SUBJECT: APPOINTMENT TO DRINKING DRIVER TASK FORCE I have recently appointed Sally Johnson to serve as a member of the Kent Drinking Driver Task Force. Ms. Johnson previously served on the Task Force and served an internship through Green River Community College at Seattle International Raceways where she initiated a Drinking Driver Awareness Program. She has also served as Saturday Market Coordinator and as a member of the Kent Chamber of Commerce Board of Directors. Ms. Johnson's appointment will become effective immediately and will continue to 1/1/97. I submit this for your confirmation. JW:jb ............ P14, Kent City Council Meeting Date July 18 , 1995 Category Other Business 1. SUBJECT: KENT SATURDAY MARKET FACILITY ACQUISITION AND BUDGET CHANGE 2 . SUMMARY STATEMENT: Authorization is requested for the Mayor to finalize acquisition of the property commonly known as 212 Railroad Avenue North for use as a facility for the Saturday Market, and to negotiate lease and operating agreements with the Kent Downtown Partnership for presentation to Council for approval. 3 . EXHIBITS: Memorandum to the City Council Operations Committee 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REOUIRED: $600 , 000 SOURCE OF FUNDS: Borrowing from the Water Operating Fund 7. CITY COUNCIL ACTION: Councilmember moves, Counc' lmember seconds authorize the Mayor to finalize th� acquisition of the property commonly known as 212 Railroad Ave/hue North for the purpose of establishing a facility for the Saturday Market, and that the funds for the acquisition and irorovements be obtained by borrowing up to $600, 000 from t)'ie Water Operating Funds for a period of 15 years, such debtYo carry interest rates to be established by the Finance Di ector at market rates. Further, that the Mayor shall negotiate appropriate agreements with the Kent Downtown Partnersh' for the operation of the Kent Saturday Market and of the arket facility which shall be presented to Council for a proval. This is contingent on favorable results of the nvironmental study of the project. Additionally, a budget c nge is authorized budgeting the projected shortfall of tlle debt service to be paid from the CIP for the first three yeas. DISCUSSION: r ACTION• Council Agenda Item No. 4A DATE: July 6, 1995 TO: Jon Johnson, Operations Committee Chair Christi Houser, Councilmember Leona Orr, Councilmember FROM: J. Brent McFall, Director of Operations��1 SUBJECT: Kent Saturday Market Facility Acquisition As you are aware, staff has been working for some time with the Kent Downtown Partnership on the potential purchase of property as a permanent site, including indoor space, for the Saturday Market. A site has been located at 212 Railroad Ave. N., and a purchase and sale agreement has been entered into subject to satisfaction of contingencies such as feasibility and Council approval. Time has now come to consummate the acquisition by obtaining Council approval. The property at 212 Railroad Ave.N. has been subject to feasibility review and preliminary design. The conclusion of these studies is that the facility is feasible as a market site. Staff has prepared several options as to how financing of the acquisition and improvements can be undertaken and paid back by the operation of the market, and has selected two approaches for your consideration. In both instances,the acquisition price is $355,800 with improvement costs of$244,200 for a total project cost of $600,000. The first scenario is a 10 year debt instrument with KDP paying the City a graduated fixed lease payment plus 10% of their gross proceeds. The second scenario is a 15 year debt instrument with KDP paying the City a graduated fixed lease payment plus 10% of their gross for the first 5 years and 5% of their gross for the remaining 10 years. Both options call for the City to have debt payments in excess of receipts for the first few years,but will make the City whole over the life of the agreements. They both will, in fact, have a net positive cash flow over the life of the agreements. Detail of the two options are provided for you in the supporting materials attached. After staff review and discussion with KDP, it is staff s recommendation that the Council select option 91 of a 10 year agreement with a KDP paying the City a graduated fixed lease payment plus 10% of their gross over the life of the agreement. Acquisition and improvements will be paid by borrowing $600,000 from the Water Reserve Fund at market rate interest to be paid back over the 10 year period. The primary reason for the recommendation is the shorter term of the debt instrument and the resulting lower overall debt cost even though it results in a higher City subsidy in the first 4 years of the agreement. RECOMMENDATION That the Mayor be authorized to finalize the acquisition of the property commonly known as 212 Railroad Ave. N. for the purpose of establishing a facility for the Saturday Market, and that funds for the acquisition and improvements be obtained by borrowing up$600,000 from the Water Reserve Funds for a period of 10 years such debt to carry interest rates to be established by the Finance Director at market rates. Further, that the Mayor shall negotiate appropriate agreements with the Kent Downtown Partnership for the operation of the Kent Saturday Market and of the market facility which shall be presented to Council for approval. cc: Jim White, Mayor b b ry b r O b r-I N O� r-I b N 01 P p 0 N V O 1I1 ry p rr b N m m E. VI m N r'1 I'1 N 1I1 N V r O� �fl O V b N N O V V V G T ti O m M b N Q N 1l1 m p N ^ P Q N L11 m V M1 P C N N N r P N ry N N m 111 m N C P N ry P n C N N b M1 m ri m !�1 C l0 p f'1 p m P ti r4 ry N 'y V N m b V O O N N m N e4 P m I(1 m rt O p p N ^I P m Lf1 m O p P N "I O P N 1f1 m b r C O N N N r N r ^I N b m m N b P ti m N F r 1I1 m r O r O N N O� p � ❑ m I N V {fl N V Np P O V1 1l1 � p Z G p N p m O i C N N N Q G ry N N O O N N M1 l(1 V1 b O N N N O U1 P b Ifl �O b 6 r O� b 01 4l1 m G' 41 m b r m r o b b m r+ Q V1 N m N O N N N O G !n b N h N V O h h N m O U V V O p o O 10 b N V1 G Y a h G fil O Z O C z ZO (Z�- ❑ ttx.�] C 4� W p t^� uI m N O F Z Q 4 a '9 F F i^ 4 O F m ❑ C p aq y m m b y H a O > O P P Q a m W m F. m > y J m b P P N J b y b P P O J r m J P m a y m a m N b P b J i 9 P P V1 P �D y O N N N O P Ui N J N N ^] J b N N O P Jt m Vf N Y Q 0 N N m y Y m P N a Y P O W P J Y m •-j U1 > b J N b P m O m b VI �O Z r o p y a �p V1 N O J O i J m VI J N m Y a P N m m P Y Y J 1 N m a w J P O W W W N O O O Y N a d O m V1 m > Y W b N N O O P Ut �D N P Y N Y Y d N m Y a P N m m P Y J N 0 d W J P O m Y W W N O O O J Ul N N O Y J P m V1 N a Y W b N N O O P i U1 �p N P Y N Y Y a N m Y A P N m m P Y J N m a W J P O m W W N O p O I m N N > N Y N a > O W m U1 m d Y Y N Y d N m Y P N m m P !+ Y J N m t W J P O W m Y W W N O O O J N N N O W J P m y N d W N a a O O Vt m a F' W �O N N O O P i U1 b N P N Y A N m Y a P N m 9 P J N m d W J P O W W N O J ll� N N O a J i P m U1 N a d N a N i N W N �D y m lT W N O O W N P P O V� m W b J P N V1 Ut P N N O P N �O N O Y N W m m W IJ1 H N W Y m U� H J m Ul y �O H Y J Y W N b H W N U1 b P t" P LJ� Y UI �D N r PATBNAME c:\users\wOrig Balance .rig Rate Term (yrs) 1st PMT Future Value $600,000 7.25% 1C Aug-95 $0 Pmt n Date Yr Race P&I Payment Princip Interest Extra Prin New Balance Jul-9s - - - $600,000.00 1 Aug-95 7.25. $7,044.06 -53,419.06 $3,625.00 $0.00 $596,580.94 2 Sep-95 7.25% 57,044.06 53,439.72 $3,604.34 $0.00 $593,141.22 3 Oct-95 7.25% $7,044.06 53,460.50 $3,583.56 $0.00 - $589,680.72 4 Nov-95 7.25% $7,044.06 53,481.41 $3,562.65 $0.00 $586,199.31 5 Dec-95 7.25% $7,044.06 53,502.44 $3,541.62 $0.00 $582,696.B7 6 Jan-96 7.25% $7,044.C6 53,523.60 $3,520.46 $0.00 $579,173.27 7 Feb-96 7.25% $7,044.06 53,544.89 $3,499.17 $C.00 $575,628.38 8 Mar-96 7.25% $7,044.06 $3,566.31 $3,477.75 $0.00 $572,062.07 9 Apr-96 7.2S% $7,044.06 $3,5B7.65 $3,456.21 $0.00 $568,474.22 10 May-96 7.25% $7,044.06 53,609.53 $3,434.53 $0.00 $564,864.69 11 Jun-96 7.25% $7,C44.06 53,631.34 $3,412.72 $0.00 $561,233.35 12 Jul-96 7.25% $7,044.06 $3,653.28 $3,390.78 $C.00 $557,580.07 13 Aug-96 7.25'% $7,044.06 53,675.35 $3,368.71 $0.00 $553,904.72 14 Seo-96 7.251 $7,044.06 53,697.55 53,346.51 $0.00 $550,207.17 15 Oct-96 7.25% $7,044.06 53,719.69 $3,324.17 $0.00 $546,487.28 16 Nov-96 7.25% $7,044.06 $3,742.37 $3,3c1.69 $0.00 $542,744.91 17 Dec-96 7.25; $7,C44.06 53,764.98 $3,279.0B $0.00 $538,979.93 18 Jan-97 7.25% $7,044.06 $3,787.72 $3,256.34 $0.00 $535,192-.21 19 Feb-97 7.25% $7,044.06 $3,810.61 $3,233.43 $0.00 $531,381.60 20 Mar-97 7.25% $7,044.06 53,833.63 $3,210.43 $0.00 $527,547.97 21 ADr-97 7.25% $7,044.C6 $3,856.79 $3,167.27 $0.00 $523,691.18 22 May-97 7.251. $7,044.06 53,880.09 $3,163.97 $0.00 $519,811.09 23 Jun-97 7.25% $7,044.06 =3,903.53 53,140-53 $0.00 $515,907.56 24 Jul-97 7.25% $7,044.06 53,927.12 $3,116.54 $0.00 $511,980.44 25 Aug-97 7.25% $7,044.06 $3,950.94 53,093.22 $0.00 $508,029.60 26 Seo-97 1.25% $7,044.06 53,974.71 $3,069.35 $0.00 $504,054.89 27 Oct-97 7.25% $7,044.06 $3,998.73 $3,045.33 $0.00 $500,056.16 28 Nov-97 7.25% $7,044.06 $4,022.89 $3,021.17 $0.00 $496,033.27 29 Dec-97 7.25% $7,044.06 $4,047.19 $2,996.87 $3.00 $491,986.08 30 Jan-98 7.25% $7,044.06 $4,071.64 $2.972.42 $O.Oc $487,914.44 31 Feb-98 7.25% $7,044.06 $4,096.24 $2,947.62 $0.00 $483,818.20 32 Mar-98 7.25% $7,044.06 $4,120.99 $2,923.C7 $0.00 $479,697.21 33 ADr-98 7.251 $7,044.06 $4,145.89 $2,898.17 $0.00 $475,551.32 34 May-98 7.25'% 57,044.06 $4,170.94 $2,873.12 $0.00 $471,380.38 35 Jun-98 7.25% $7,044.06 $4,196.14 $2,847.92 $0.00 $467,184.24 36 Jul-98 7.25% $7,044.06 $4,221.49 $2,822.57 $0.00 $462,962.75 37 Aug-98 7.25% $7,044.06 $4,246.99 $2,797.07 $0.00 $458,715.76 38 Sep-98 7.25% $7,044.06 $4,272.65 $2,771.41 $0.00 $454,443.11 39 Oct-98 7.25% $7,044.06 54,298.47 $2,745.59 $0.00 $450,144.64 40 Nov-98 7.25% $7,044.06 $4,324.44 52,719.62 $0.00 $445,820.20 41 Dec-98 7.25% $7,044.06 $4,350.56 $2,693.50 $0.00 $441,469.64 42 Jan-99 7.25% 57,044.06 $4,376.85 $2,667.21 50.00 $437,092.79 43 Fey_99 I.25% $7,044.06 $4,403.29 $2,640.77 $0.00 $432,689.50 44 Mar-99 7.25% $7,044.06 54,429.89 $2,614.17 $0.00 $428,259.61, 45 ADr-99 7.25% $7,044.C6 $4,456.66 $2,587.40 SC.00 $423,802.95 LIB.WO! 06-Ju1-95 46 May-99 7.25% $7,044.06 $4,483.58 $2,560.48 $0.00 $419,319.37 47 Jun-99 7.25% $7,044.06 $4,510.67 52,533.39 $0.00 $414,808.70 48 Jul-99 7.25% $7,044.06 $4,537.92 52,506.14 $0.00 $410,270.78 49 Aug-99 7.25% 57,044.06 $4,565.34 $2,478.72 $0.00 $405,705.44 50 S el--99 7.25% $7,044.06 $4.592.92 $2.451.14 $0.00 $401,112.52 51 Oct-99 7.25% $7,044.06 $4,620.67 52,423.39 $0.00 $396,491.85 52 Nov-99 7.25% $7,044.06 $4,648.59 $2,395.47 $0.00 $391,843.26 53 Dec-99 7.25% $7,044.06 $4,676.67 $2,367.39 $0.00 $387,166.59 54 Jan-2000 7.25% $7,044.06 $4,704.93 $2,339.13 $0.00 $382,461.66 55 Feb-2000 7.25's $7,044.06 $4,733.35 $2,310.71 $0.00 $377,728.31 56 Mar-2000 7.25% $7,044.06 $4,761.95 $2,282.11 $0.00 $372,966.36 57 ADr-2000 7.25% $7,044.06 $4,790.72 $2,253.34 $0.00 $368,175.64 58 May-2000 7.25% $7,044.06 $4,819.67 $2,224.39 $0.00 $363,355.97 59 Jun-2000 7.25% $7,044.06 $4,848.78 $2,195.28 $0.00 $358,507.19 60 Jul-2000 7.25% $7,044.06 $4,978.08 $2,165.98 $0.00 $353,629.11 61 Aug-2000 7.25% $7,044.06 $4,907.53 $2,136.Sl $0.00 $348,721.56 62 Sen-2000 7.25% $7,044.06 $4,937.20 $2,106.86 $0.00 $343,784.36 63 Oct-2000 7.25% $7,044.06 $4,987.03 $2,077.03 $0.00 $338,817.33 64 Nov-2000 7.25% $7,044.06 $4,997.04 $2,047.02 $0.00 $333,820.29 65 1)ec-2000 7.25% $7,044.06 $5,027.23 $2,016.63 $0.00 $328,793.06 66 Jan-2001 7.25% $7,044.06 $5,057.60 $1,986.46 $0.00 $323,735.46 67 Feb-2001 7.25% $7,044.06 $5,088.16 $1,955.90 $0.00 $318,647.30 68 Mar-2001 7.25% $7,044.06 55,118.90 $1,925.16 $0.00 $313,528.40 69 Anr-2001 7.25% $7,044.06 $5,149.83 $1,894.23 $0.00 $308,378.57 70 May-200'1 7.25% $7,044.06 $5,180.94 $1,863.12 50.00 $303,197.63 71 Jun-2001 7.25% $7,044.06 $5.212.24 $1,631.62 $0.00 $297,985.39 72 7u1-2001 7.25% 57,044.06 $5.243.73 $1,800.33 $0.00 $292,741.66 73 Aug-2001 7.25% $7,044.06 55,275.41 Si 768.65 $0.00 $287,466.25 74 SeD-2001 7.251 $7,044.06 $5,307.28 $1,736.78 $0.00 $282,158.97 75 Oct-2001 7.25% $7,044.06 $5,339.35 $1,704.7' 50.00 $276,819.62 76 Nov-2001 7.25% $7,044.06 $5,371.61 $1,672.45 50.00 $271,448.01 77 Dec-2001 7.25% $7,044.06 $5,404.06 $1,640.00 $0.00 $266,043.95 78 Jan-2002 7.25% $7,044.06 $5,436.71 $1,607.25 $0.00 $260,607.24 79 Feb-2002 7.25% $7,044.06 $5,469.56 $1,574.50 $0.00 $255,137.68 80 Mar-2002 7.25% 57,044.06 $5,502.60 $1,541.46 $0.00 . $249,635.08 81 Apr-2002 7.25% $7,044.06 $5,535.85 $1,508.2' $0.00 $244,099.23 62 - May-2002 7.25% $7,044.06 $5,569.29 $1,474.77. $0.00 $238,529.94 - 83 Jun-2002 7.25% $7,044.06 SS,602.94 51,441.12 $0.00 $232,927.00 84 Jul-2002 7.25% $7,044.06 $5,636.79 $1,407.27 $0.00 $227,290.21 Be Aug-2002 7.25% $7,044.06 $5,670.85 $1,373.21 $0.00 $221,619.36 86 SeD-2002 7.25% $7,044.06 $5,705.11 $1,338.95 $0.00 $215,914.25 87 Oct-2002 7.25' $7,044.06 $5,739.58 $1,304.48 $0.00 $210,174.67 Be Nov-2002 7.25% $7,044.06 $5,774.25 $1,269.81 $0.00 $204,400.42 89 Dec-2002 7.25% $7,044.06 $5,809.14 $1,234.92 $0.00 $198,591.28 90 Jan-2003 7.25% $7,044.06 $5,844.24 $1,199.82 $0.00 $192,747.04 91 Feb-2003 7.25% $7,044.06 $5,879.55 $1,164.51 $0.00 $186,867.49 92 Mar-2003 7.251 $7,044.06 $5,915.07 $1,128.99 $0.00 $180,952.42 93 Anr-2003 7.25% $7,044.06 SS,950.81 $1,093.25 $0.00 $175,001.61 94 May-2003 7.25% $7,044.06 $5,986.76 $I,057.30 $0.00 $169,Q14.85 ' 95 Jun-2003 7.25% $7,044.06 $6,022.93 $1,021.-3 50.00 5162,991.92 LI3.WQ! 06-Jul-95 96 Jul-2003 7.25% $7,044.06 $6,059.32 5984.74 $0.00 $156,932.60 97 Aug-2003 7.25% $7,044.06 $6,055.93 $946.13 $0.00 $150,$36.67 98 Seo-2003 7.25% $7,044.06 $6,132.76 $911.30 $0.00 $144,703.91 99 Oct-2003 7.25% $7,044.06 $6,169.81 $874.25 50.00 $138,534.10 100 Nov-2003 7.25% $7,044.06 $6,207.06 $636.98 $0.00 $132,327.02 101 Dec-2003 7.25. $7,044.06 $6,244.58 $795.48 50.00 $126,082.44 102 Jan-2004 7.25% $7,044.06 $6,282.31 $76i.75 50.00 $119,800.13 103 Feb-2004 7.25% $7,044.06 $6,32C.27 $723.79 50.00 $113,479.86 104 Mar-2004 7.25% $7,044.06 $6,358.45 5685.61 $0.00 $107,121.41 105 Apr-2004 7.25% $7,044.06 $6,396.87 5647.19 $0.00 $100,724.54 106 May-2004 7.25% $7,044.06 $6,435.52 $608.54 $0.00 $94,289.02 iC7 Jun-2004 7.25% $7,044.06 $6,474.40 $569.66 $0.00 $87,814.62 108 Jul-2004 7.25% $7,044.06 $6,513.51 $530.55 $0.00 $81,.301.11 109 Aug-2004 7.25% $7,044.06 $6,552.87 $491.i9 $0.00 $74,748.24 110 Seo-2004 7.25% $7,044.06 $6,592.46 $451.60 $0.00 $68,155.78 111 Oct-2004 7.2S% $7,044.06 $6,632.29 $411.77 $0.00 $61,523.49 112 Nov-2004 7.25% $7,044.06 $6,672.36 $371.70 $0.00 $54,851.13 ii3 Dec-2004 7.25% $7,044.06 $6,712.67 5331.39 $0.00 $48,138.46 1'14 Jan-2005 7.25% $7,044.06 $6,753.22 S290.84 $0.00 $41,385.24 115 Fe1;-2005 7.25% $7,044.06 $6,794.02 $250.04 $0.00 $34,591.22 116 Mar-2005 7.25% $7,044.06 $6,835.07 $208.99 $0.00 $27,756.15 -1-7 Apr-2005 7.25% $7,044.06 $6,876.37 S167.69 $0.00 $20,679.78 118 Mav-2005 7.25% $7,044.06 $6,917.91 $126.15 $0.00 $13,961.87 119 J u n-2 0 0 5 7.25% $7,044.06 $6,959.71 $8 4.3 5 $0.00 $7,002.16 i20 Jul-2005 7.25% $7,044.06 $7,O01.76 $42.30 $0.00 $0.40 Orig Balance Orig Rate Term (yrs) 1st PMT Future Value $600,000 7.25% 15 Aug-95 $0 Pmt # Date Yr Rate P&I Payment Princio Interest Extra Prin New Balance Jul-95 - - - $600,000.00 1 Aug-95 7.25's $5,477.18 $1,852.16 $3,625.00 $0.00 $598,147.82 2 Sep-95 7.25% $5,477.18 $1,863.37 $3,613.61 $0.00 $596,284.45 3 Oct-95 7.25% $5,477.18 $1,874.63 $3,602.55 $0.00 $594,409.82 4 Nov-95 7.25% $5,477.18 $1.885.95 $3,591.23 $0.00 $592,523.87 5 Dec-95 7.25s $5,477.18 $1,897.35 $3,579.83 $0.00 $590,626.52 6 Jan-96 7.25% $5,477.18 $1,908.81 $3,568.37 $0.00 $588,717.71 7 Feb-96 7.25% $5,477.18 $1,920.34 $3,556.84 $0.00 $586,797.31 8 Mar-96 7.25% $5,477.18 $1,931.95 $3,545.23 $0.00 $584,865.42 9 Apr-96 7.25% $5,477.18 $1,943.62 $3,533.56 $0.00 $582,921.80 10 May-96 7.25's $5,477.18 $1,955.36 $3,521.82 $0.00 $580,966.44 11 Jun-96 7.25% $5,477.18 $1,967.17 $3,510.01 $0.00 $578,999.27 12 Jul-96 7.25% $5,477.18 $1,979,06 $3,498.12 $0.00 $577,020.21 13 Aug-96 7.25% $5,477.18 $1,991.02 $3,486.16 $0.00 $575,029.19 14 Sep-96 7.251 $5,477.18 $2,003.05 $3,474.13 $0.00 $573,026.14 15 Oct-96 7.25s $5,477.18 $2,015.15 $3,462.03 $0.00 $571,010.99 16 Nov-96 7.25% $5,477.18 $2,027.32 $3,449.86 $0.00 $568,983.67 17 Dec-96 7.25% $5,477.18 $2,039.57 $3,437.61 $0.00 $566,944.10 18 Jan-97 7.2516 $5,477.18 $2,051.89 $3,425.29 $0.00 $564,892.21 19 Feb-97 7.25; $5,477.18 $2,064.29 $3,412.89 $0.00 $562,827.92 _ 20 Mar-97 7.25% $5,477.18 $2,076.76 $3,400.42 $0.00 $560,751.16 21 Apr-97 7.25% $5,477.18 $2,089.31 $3,387.87 $0.00 $558,661.85 22 May-97 7.25% $5,477.18 $2,101.93 $3,375.25 $0.00 $556,559.92 23 Jun-97 7.25% $5,477.18 $2,114.63 $3,362.55 $0.00 $554,445.29 24 Jul-97 7.25% $5,477.18 $2,127.41 $3,349.77 $0.00 $552,317.88 25 Aug-97 7.25% $5,477.18 $2,140.26 $3,336.92 $0.00 $550,177.62 26 Sep-97 7.25% $5,477.18 $2,153.19 $3,323.99 $0.00 $548,024.43 27 Oct-97 7.25% $5,477,18 $2,166.20 $3,310.98 $0.00 $545,858.23 28 Nov-97 7.25% $5,477.18 $2,179.29 $3,297.89 $0.00 $543,678.94 29 Dec-97 7.25% $5,477.18 $2,192.45 $2,284.73 $0.00 $541,486.49 30 Jan-96 7.25% $5,477.18 $2,205.70 $3,271.48 $0.00 $539,280.79 31 Feb-98 7.25% $5,477.18 $2,219.03 $3,258.15 $0.00 $537,061.76 32 Mar-98 7.25% $5,477.18 $2,23ZZ.43 $3,244.75 $0,00 $534,829.33 33 Apr-98 7.25% $5,477.18 $2,245.92 $3,231.26 $0.00 $532,583.41 34 May-98 7.25% $5,477.18 $2,259.49 $3,217.69 $0.00 $530,323.92 35 Jun-98 7.25% $5,477.18 $2,273.14 $3,204.04 $0.00 $528,050.78 36 Jul-98 7.2S% $5,477.18 $2,286.87 $3,i90.31 $0.00 $525,763.91 37 Aug-98 7.25% $5,477.18 $2,300.69 $3,176.49 $0.00 $523,463.22 38 Sep-98 7.25's $5,477.18 $2,314.59 $3,162.59 $0.00 $521,148.63 39 Oct-98 7.25% $5,477.18 $2,328.57 $3,148.61 $0.00 $518,820.06 40 Nov-98 7.25°s $5,477.18 $2,342.64 $3,134.54 $0.00 $516,477.42 41 Dec-98 7.25's $5,477.16 $2,356.80 $3,120.38 $0.00 $514,120.62 42 Jan-99 7.25% $5,477.18 $2,371.03 $3,106.15 $0.00 $511,749.59 43 Feb-99 7.25% $5,477.18 $2,385.36 $3,091.82 $0.00 $509,364.23 44 Mar-99 7.25% $5,477.18 $2,399.77 $3,077.41 $0.00 $506,964.46 45 Atr-99 7.25% $5.477.18 $2,414.27 $3,062.91 $0.00 $504,550.19 LIB.WQ! 07-Jul-95 46 May-99 7.25% $5,477.18 $2,428.86 $2,048.32 $0.00 $502,121.33 �✓ 47 Jun-99 7.25% $5,477.18 $2,443.53 $3,033.65 $0.00 $499,677.80 46 Jul-99 1.25% $5,477.18 $2,458.29 $3,016.89 $0.00 $497,219.51 49 Aug-99 7.25% $5,477.18 $2,473.15 $3,004.03 $0.00 $494,746.36 50 Sep-99 7.25t $5,477.18 $2,488.09 $2,989.09 $0.00 $492,258.27 51 Oct-99 7.251 $5,477.18 $2,503.12 $2,974.06 $0.00 $489,755.15 52 Nov-99 7.25t $5,477.18 $2,516.24 $2,958.94 $0.00 $487,236.91 53 Dec-99 7.25t $5,477.18 $2,533.46 $2,943.72 $0.00 $484,703.45 54 Jan-2000 7.25% $5,477.18 $2,548.76 $2,928.42 $0.00 $482,154.69 55 Feb-2000 7.25;; $5,477.18 $2,564.16 $2,913.02 $0.00 $479,590.53 56 Mar-2000 7.25t $5,477.18 $2,579.65 $2,897.53 $0.00 $477,010.88 57 Apr-2000 7.2519 $5,477.18 $2,595.24 $2,881.94 $0.00 $474,415.64 58 May-2000 7.25E $5,477.18 $2,610.92 $2,866.26 $0.00 $471,804,72 59 Jun-2000 7.25% $5,477.18 $2,626.69 $2,850.49 $0.00 $469,178.03 60 Jul-2000 7.25t $5,477.18 $2,642.56 $2,834.62 $0.00 $466,535.47 61 Aug-2000 7.25t $5,477.18 $2,658.53 $2,818.65 $0.00 $463,876.94 62 Sep-2000 7.25t $5,477.18 $2,674.59 $2,802.59 $0.00 $461,202.35 63 Oct-2000 7.25% $5,477.18 $2,690.75 $2,786.43 .$0.00 $458,511.60 64 Nov-2000 7.25t $5,477.18 $2,707.01 $2,770.17 $0.00 $455,804.59 65 Dec-2000 7.25% $5,477.18 $2,723.36 $2,753.82 $0.00 $453,081.23 66 Jan-2001 7.2S;; $5,477.18 $2,739.81 $2,737.37 $0.00 $450,341.42 67 Feb-2001 7.25E $5,477.18 $2,756.37 $2,720.81 $0.00 $447,585.05 68 Mar-2001 7.25t $5,477.18 $2,773.02 $2,704.16 $0.00 $444,812.03 69 Apr-2001 7.25% $5,477.18 $2,7B9.77 $2,687.41 $0.00 $442,022.26 70 May-2001 7.251; $5,477.18 $2,806.63 $2,670.55 $0.00 $439,215.63 71 Jun-2001 7.25% $5,477.18 $2,823.59 $2,653.59 $0.00 $436,392.04 72 Jul-2001 7.25t $5,477.18 $2,840.64 $2,636.54 $0.00 $433,551.40 73 Aug-2001 7.25E $5,477.18 $2,857.81 $2,619.37 $0.00 $430,693.59 74 Sep-2001 7.25%; $5,477.16 $2,675.07 $2,602.11 $0.00 $427,818.52 75 Oct-2001 7.25% $5,477.18 $2,892.44 $2,584.74 $0.00 $424,926.08 76 Nov-2001 7.25% $5,477.18 $2,909.92 $2,567.26 $0.00 $422,016.16 77 Dec-2001 7.25t $5,477.18 $2,927.50 $2,549.68 $0.00 $419,088.66 78 Jan-2002 7.25t $5,477.18 $2,945.19 $2,531.99 $0.00 $416,143.47 79 Feb-2002 7.25% $5,477.18 $2,962.98 $2,514.20 $0.00 $413,180.49 80 Mar-2002 7.25t $5,477.16 $2,980.88 $2,496.30 $0.00 $410,199.61 81 Apr-2002 7.25t $5,477.18 $2,998.89 $2,476.29 $0.00 $407,200.72 82 May-2002 7.25t $5,477.18 $3,017.01 $2,460.17 . $O.00 $404,183.71 83 Sun-2002 7.251s $5,477.18 $3,035.24 $2,441.94 $0.00 $401,148.47 84 Jul-2002 7.25t $5,477.18 $3,053.57 $2,423.61 $0.00 $398,094.90 85 Aug-2002 7.25;; $5,477.18 $3,072.02 $2,405.16 $0.00 $395,022.88 86 Sep-2002 7.25;; $5,477.18 $3,090.58 $2,386.60 $0.00 $391,932.30 87 Oct-2002 7.25E $5,477.18 $3,109.26 $2,367.92 $0.00 $388,823.04 88 Nov-2002 7.25t $5,477.18 $3,126.04 $2,349.14 $0.00 $385,695.00 89 Dec-2002 7.2S' $5,477.18 $3,146.94 $2,330.24 $0.00 $382,548.06 90 Jan-2003 7.25t $5,477.18 $3,165.95 $2,311.23 $0.00 $379,382.11 91 Feb-2003 7.25% $5,477.18 $3,185.06 $2,292.10 50.00 $376,197.03 92 Mar-2003 7.25% SS.477.18 $3,204.32 $2,272.66 $0.00 $372,992.71 93 Anr-2003 7.25% $5,477.18 $3,223.68 $2,253.50 $0.00 $369,769.03 94 May-2003 7.251 $5,477.18 $3,243.16 $2,234.02 $0.00 $366,525.87 ' 95 Jun-2003 7.25t $5,477.18 $3,262.75 $2,214.43 $0.00 $363,263.12 LIB.WQ! 07-Jul-95 96 Jul-2003 7.25% $5,477.18 $3,282.47 $2,194.11 $0.00 $359,980.65 97 Aug-2003 7.25% $5,477.18 $3,302.30 $2,174.88 $0.00 $356,678.35 98 Sep-2003 7.25% $5,477.18 $3,322.25 $2,154.93 $0.00 $353,356.10 99 Oct-2003 7.25% $5,477.18 $3,342.32 $2,134.86 $0.00 $350,013.78 100 Nov-2003 7.2511 $5,477.18 $3,362.51 52,114.67 $0.00 $346,651.27 101 Dec-2003 7.25% $5,477.18 $3,382.83 $2,094.35 $0.00 $343,268.44 102 Jan-2004 7.25% $5,477.18 $3,403.27 $2,073.91 $0.00 $3391865.17 103 Feb-2004 7.25% $5,477.18 $3,423.83 $2,053.35 $0.00 $336,441.34 104 Mar-2004 7.25% $5,477.18 $3,444.51 $2,032.67 $0.00 $332,996.83 105 Anr-2004 7.25% $5,477.IS $3,465.32 $2,011.86 $0.00 $329,531.51 106 May-2004 7.25% $5,477.18 $3,486.26 $1,990.92 $0.00 $326,045.25 107 Jun-2004 7.25% $5,477.IS $3,507.32 $1,969.86 $0.00 $322,527.93 106 Jul-2004 7.25% $5,477.18 $3,528.51 $1,948.67 $0.00 $319,009.42 109 Aug-2004 7.25% $5,477.18 $3,549.63 $1,927.35 $0.00 $315,459.59 110 Sep-2004 7.25% $5,477.18 $3,571.28 $1,905.90 $0.00 $311,888.31 111 Oct-2004 7.25% $5,477.18 $3,592.85 $1,894.33 $0.00 $308,295.46 112 Nov-2004 7.25% $5,477.18 $3,614.56 $1,862.62 $0.00 $304,680.90 113 Dec-2004 7.25% $5,477.IS $3,636.40 $1,840.78 $0.00 $301,044.50 114 Jan-2005 7.25% $5,477.IS $3,658.37 $1,818.81 $0.00 $297,386.13 115 Feb-2005 7.25% $5,477.18 $3,680.47 $1,7 9 6.7: $0.00 $293,705.66 116 Mar-2005 7.25% $3,477.18 $3,702.71 $1,774.47 $0.00 $290,002.95 117 Apr-2005 7.25% $5,477.18 $3,725.08 $1,752.10 $0.00 - $286,277.87 118 May-2005 7.25% $5,477.18 $3,747.58 $1,729.60 $0.00 $282,530.29 119 Jun-2005 7.25% $5,477.18 $3,770.23 $1,706.95 $0.00 $278,760.06 120 Jul-2005 7.25% $5,477.18 $3,793.00 $1,684.18 $0.00 $274,967.06 _.. 121 Aug-2005 7.25% $5,477,18 $3,815,92 $1,661.26 $0.00 $271,151.14 122 Seo-2005 7.25% $5,477.18 $3,838.98 $1,638.20 $0.00 $267,312.16 123 Oct-2005 7.25% $5,477.18 $3,862.17 $1,615.01 $0.00 $263,449.99 124 Nov-2005 7.25% $5,477.18 $3,665.50 $1,591.68 $0.00 $259,564.49 125 Dec-2005 7.25% $5,477.18 $3,908.98 $1,568.20 $0.00 $255,655.51 126 Jan-2006 7.25% $5,477.16 $3,932.59 $1,544.59 $0.00 $251,722.92 127 Feb-2006 7.251; $5,477.18 $3,956.35 $1,520.83 $0.00 $247,766.57 128 Mar-2006 7.25% $5,477.18 $3,980.26 $1,496.92 $0.00 $243,786.31 129 Apr-2006 7.25% $5,477.18 $4,004.30 $1,472.88 $0.00 $239,782.01 130 May-2006 7.25's $5,477.18 $4,028.50 $1,448.68 $0.00 $235,753.51 131 Jun-2006 7.25's $5,477.IS $4,052.84 $1,424.34 $0.00 $231,700.67 132 Jul-2006 7.25'. $5,477.18 $4,077.32 $1,399.86 $0.00 $227,623.35 133 Aug-2006 7.25% $5,477.18 $4,101.96 $1,375.22 $0.00 $223,521.39 134 Sep-2006 7.25% $5,477.18 $4,126.74 $1,350.44 $0.00 $219,394.65 135 Oct-2006 7.251 $5,477.18 $4,151.67 $1.325.51 $0.00 $215,242.98 136 Nov-2006 7.25% $5,477.18 $4,176.75 $1,300.43 $0.00 $211,066.23 137 Dec-2006 7.25% $5,477.18 $4,201.99 $1,275.19 $0.00 $206,864.24 138 Jan-2007 7.25's $5,477.18 $4,227.38 $1,249.60 $0.00 $202,636.86 139 Feb-2007 7.251; $5,477.18 $4,252.92 $1,224.26 $0,00 $198,383.94 140 Mar-2007 7.25% $5,477.18 $4,278.61 $1,198.57 $0.00 $194,105.33 141 Apr-2007 7.25% $5,477.15 $4,304.46 $1,172.72 $0.00 $189,800.87 142 May-2007 7.25% $5,477.18 $4,330.47 $1,146.11 $0.00 $185,470.40 143 Jun-2007 7.25% $5,477.18 $4,356.63 $1,120.55 $0.00 $181,113.77 144 Jul-2007 7.25% $5,477.18 $4,382.95 $1,094.23 $0.00 $176,730.82 145 Aug-2007 7.25% $5,477.IS $4,409.43 $1.067.75 $0.00 $172,321.39 LIH.WQ! 07-Jul-95 e' 146 Sep-2007 7,25% $5,477.18 $4,436.07 $1,041.11 $0.00 $167,885.32 147 Oct-2007 7.25% $5,477.18 $4,462.87 $1,014.31 $0.00 $163,422.45 148 Nov-2007 7.25% $5,477.18 $4,469.84 $987.34 $0.00 $158,932.61 149 Dec-2007 7.25% $5,477.18 $4,516.96 $960.22 $0.00 $154,415.65 150 Jan-2008 7.25% $5,477.18 $4,544.25 $932.93 $0.00 $149,871.40 151 Feb-2008 7.25% $5,477.18 $4,571.71 $505.47 $0.00 $145,299.69 152 Mar-2006 7.25% $5,477.18 $4,599.33 $877.85 $0.00 $140,700.36 153 ADr-2008 7.25's $5,477.18 $4,627.12 $850.06 $0.00 $136,073.24 154 May-2008 7.25% $5,477.18 $4,655.07 $822.11 $0.00 $131,418.17 155 Jun-2008 7.25% $5,477.16 $4,693.20 $793.98 $0.00 $126,734.97 156 Jul-2008 7.25% $5,477.18 $4,711.49 $765.69 $0.00 $122,023.48 157 Aug-2008 7.25% $5,477.18 $4,739.95 $737.23 $0.00 $117,283.53 158 SeD-2008 7.25% $5,477.18 $4,-769.59 $708.59 $0.00 $112,514.94 159 Oct-2008 7.25% $5,477.18 $4,797.40 . $679.78 $0.00 $107,717.54 160 Nov-2008 7.25% $5,477.18 $4,626.39 $650.79 $0.00 $102,891.15 161 Dec-2006 7.25% $5,477.18 $4,855.55 $621.63 $0.00 $98,035.60 162 Jan-2009 7.25% $5,477.18 $4,884.98 $592.30 $0.00 $93,150.72 163 Feb-2009 7.25% $5,477.18 $4,914.39 $562.79 $0.00 $88,236.33 164 Ma:-2009 7.25% $5,477.18 $4,944.09 $533.C9 $0.00 $83,292.24 165 ADr-2009 7.25% $5,477.18 $4,973.96 $503.22 $0.00 $78,318.28 166 May-2009 7.25's $5,477.18 $5,004.01 $473.17 $0.00 $73,314.27 167 Jun-2009 7.25% $5,477.18 $5,034.24 $442.94 $0.00 $68,280.03 168 Jul-2009 7.25% $5,477.18 $5,064.65 $412.53 $0.00 $63,215.38 169 Aug-2009 7.25% $5,477.18 $5,095.25 $381.93 $0.00 $58,120.13 170 SeD-2009 7.25% $5,477.18 $5,126.04 $351.14 $0.00 $52,994.09 171 Oct-2009 7.25% $5,477.15 $5,157.01 $320.17 $0.00 $47,837.08 172 Nov-2009 7.25% $5,477.18 $5,166.16 $289.02 $0.00 $42,648.92 173 Dec-2009 7.25% $5,477.16 $5,219.51 $257.67 $0.00 $37,429.41 174 Jan-2010 7.25% $5,477.18 $5,251.04 $226.14 $0.00 $32,178.37 175 Feb-2010 7.25% $5,477.18 $5,282.77 $194.41 $0.00 $26,895.60 176 Mar-2010 7.25% $5,477.18 $5,314.69 $162.49 $0.00 $21,580.91 177 ADr-2010 7.251 $5,477.18 $5,346.80 $130.38 $0.00 $16,234.11 178 May-2010 7.25% $5,477.18 $5,379.10 $98.08 $0.00 $10,855.01 179 Jun-2010 7.25% $5,477.18 $5,411.60 $65.58 $0.00 $5,443.41 160 Jul-2010 7.25% $5,476.30 $5,443.41 $32.89 $0.00 $0.00 L19.WQ! 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'^ _a o C m ^ N7 C n N CO .n Q a c _ o n = O - C E Q `�-` p N = C Cm U Z ....., n u u O c ,z N n �- l4 V7 V] Ili U7 G 1- _ W W C (� 3 QL C _ WL' G W Q C C C 4 m a W ? W O O ti � Kent City Council Meeting Date July 18 1995 Category Other Business 1. SUBJECT: BECK ANNEXATION INITIAL ZONING AZ-95-2 2 . SUMMARY STATEMENT: Two public hearings have been held on the Beck Annexation initial zoning. The Planning Commission recommended approval of Zoning Alternative No. 3 . C(D A �• 3 . EXHIBITS: Memo; staff report; Planning Commission minutes of April 24 , 1995 4. RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Counc ' lmember I" secondse to mooddi fY� the Manning commission' s recom- mendation of approval o �Fi Annexation area initial zoning designation as in Alternative #3 as amended,. DISCUSSION: ACTION• Council Agenda Item No. 4B Kent City Council Meeting Date July 18 . 1995 Category. Other Business 1. SUBJECT: BECK ANNEXATION INITIAL ZONING AZ-95-2 2 . SUMMARY STATEMENT: Two public hearings have been held on the Beck Annexation initial zoning. The Planning Commission recommended approval of Zoning Alternative No. 3 . 3 . EXHIBITS: Memo; staff report; Planning Commission minutes of April 24 , 1995 4 . RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve/disapprove/modify the Planning Commission' s recom- mendation of approval of the Beck Annexation area initial zoning designation as outlined in Alternative #3 , and direct the City Attorney to prepare the necessary ordinance. DISCUSSION• ACTION: Council Agenda Item No. 4B CITY OF _ CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM July 5, 1995 TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: BECK ANNEXATION AREA INITIAL ZONING #AZ-95-2 - CITY COUNCIL HEARING On June 20, 1995, the City Council held the second of their two public hearings on initial zoning for the Beck annexation area. There was public testimony given at the hearing, and several written exhibits offered as well. Because several of the written exhibits were submitted to the Council immediately prior to the meeting, giving neither Council nor staff the opportunity to review them, the hearing was continued to the July 5 City Council meeting. Both the written and oral public testimony before the City Council concerns the zoning for parcels located on the west side of 94th Avenue South. The Planning Commission recommended that these areas be zoned R1-20, as shown on the attached map. Public testimony received by the City Council on this issue has been mixed. Testimony was received from property owners on the west side of 94th Avenue, one of whom asked for R1-12 zoning, while others requested R1-7.2 zoning. Property owners on the east side of 94th Avenue South testified in favor of the Planning Commission's recommendation. In the staff report prepared for the Planning Commission's hearing on April 24, 1995, staff recommended that the zoning on the west side of 94th Avenue South be R1-12 (see Alternative 2 in the staff report). Staff feels that this zoning designation recognizes that need to protect the hillside with a lower density zoning designation than is being recommended for the east side of 94th Avenue South, but would allow more development potential than the R1-20 zoning being recommended by the Planning Commission. Staff cannot support R1-7.2 zoning in that area, due to the steep slopes, particularly on the northwestern portion of the annexation area. Therefore, staff recommends that the area west of 94th Avenue be zoned R1-12, as outlined in Alternative 2 of the staff report to the Planning Commission. Planning Department staff will be available at the July 5 hearing to further explain the recommended zoning for the Beck annexation area. JPH/KON/mjp:a:beck3cc.mem Attachments c. cc: Kevin O'Neill, Senior Planner a ( tn BECK.1 -ANNEXATION ZONING TNIV PLANNING fill COMMISSION RECOMMENDATION s A 2 If SE BECK ZONE SE t232 §T BOUNDARY 77 CITY LIMITS kt, tu ...... ... ... 2 8 H. MAP PRINTED 5/9/95 CITY OF )r,\M,V L1 CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM April 17, 1995 TO: KENT MORRILL, CHAIR, AND MEMBERS OF THE PLANNING COMMISSION FROM: KEVIN O'NEILL, SENIOR PLANNER SUBJECT: PROPOSED BECK ANNEXATION AREA INITIAL ZONING rAZ-95-2 Introduction In February of 1995, the City Council approved the annexation of the area known as the Beck Annexation Area into the City of Kent. This area, which is approximately 218 acres, is generally located north of South 240th Street adjacent to 94th Avenue South (by approximately 1250 feet to the east and 600 feet to the west of 94th Avenue), extending northerly to approximately South 222nd Street (see attached Vicinity Map). The subject area is south of the recently annexed Everson and Jones/Hobbs annexation areas. Zoning for the Everson annexation area was approved by the City Council in September, 1994, while zoning for the Jones/Hobbs annexation area is currently being considered by the Council. Subsequent to the annexation of the Beck annexation area by the City, the entire area was zoned R1-20 (Single-Family Residential), pursuant to Section 15.03.020(E)(2) of the Kent Zoning Code. The purpose of this process is to establish initial zoning for the annexation area, as outlined in Section 15.09.055 of the Zoning Code. This report will outline background information on the area, including the previous zoning of the area while it was still located in unincorporated King County. The report will then outline three alternatives for zoning of the area for the Planning Commission's consideration at the April 24 hearing. Existing Land Uses The entire annexation area is characterized by low density single-family residential development. The majority of parcels both within and adjacent to the annexation area are larger than one acre, and several of the parcels are larger than four acres. There are two recently platted subdivisions located within the annexation area: Wildberry, with lot sizes averaging approximately 9,500 square feet, and Rosemary Glen, with lot sizes averaging approximately 13,500 square feet. Lot sizes are larger in the Rosemary Glen subdivision due to the topography in this area. The areas to the west of the annexation area are developed as multi-family residential uses, and the area MEMO TO: Ken Morrill, Chair, and Planning Commission Members SUBJECT: ` . 1 Annexation Area Initial Zoning ;AZ-95-:F\ PAGE 2 to the south area developed with single-family residential development with lot sizes ranging approximately from 7,200 square feet to 10,000 square feet. The areas to the east and north of the annexation area are generally characterized with low density single-family development. The attached vicinity map shows parcel lines in the annexation area and in the surrounding vicinity. Environmental Constraints The •annexation area is distinguished for the most pan by moderate west-facing slopes. However, -the western portion of the annexation area to the west of 94th Avenue South has slopes well in excess of 25 percent, and a large portion of this area is designated as a Severe Hazard Area on the City's Hazard Area Development Limitations map. The zoning code does not allows any impervious surfaces in areas designated as Severe Hazard Areas, which means that these areas cannot be developed. Also, the eastern and northeastern portions of the annexation area are intersected by both Benson Creek and the south fork of Garrison Creek, Both Benson Creek and Garrison Creek are designated as major creeks on the Kent Hazard Area Development Limitations map, and are designated as Class II salmonid creeks in the Soos Creek Community Plan. The steep slopes adjacent to Garrison Creek are designated as ravines on the Hazard Area Limitation map, and as Seismic Hazard and Erosion Hazard areas in the Soos Creek Community Plan. Under the City of Kent zoning code, no impervious surfaces are allowed within 75 feet from the top of a ravine or 50 feet from a major creek. These requirements will also limit development opportunities on some of the parcels located within the annexation area. The parcels within and surrounding the annexation area are heavily vegetated with ground shrubs and trees, many of which are significant trees, meaning that they have a caliper of 6 inches or greater. There do not appear to be any wetlands in the vicinity; however, surface water management will likely be a significant issue for any new development in the area, due to the slopes and proximity to Benson and Garrison Creek. Previous King County Zoning Prior to being annexed to the City of Kent, and subject area was located within the Soos Creek Community Planning area in King County. The Soos Creek Community Plan, and accompanying area zoning, were adopted by the King County Council in 1991. The previous King County zoning for most of the subject area was GR-5-P, Growth Reserve, with an underlying zoning of RS-7200-P. The areas which were already subdivided were zoned RS-7200-P. The GR-5 zoning district was an interim zoning district permitted one unit per five acres until December 31, 1994, at which time the underlying zoning west into effect. In this case, the underlving zoning is RS-7200 zoning. GR-5 zoning was applied in the Soos Creek Community Plan to all undeveloped and underdeveloped land located adjacent to an incorporated . MEMO TO: ent Morrill, Chair, and Planning Commission Members SUBJECT: 4Z4 s nnexation Area Initial Zoning fiAZ-95z-41,, PAGE 3 city. The RS-7200 zoning district allowed one unit per 7,200 square feet of land, and is comparable to the R1-7.2 zoning district within the City of Kent. The P-suffix in the previous King County zoning refers to specific requirements regarding environmental protection and development standards. In early February, 1995, new zoning went into effect for King County, based on the newly adopted King County Comprehensive Plan. Under the newly adopted zoning code, the Beck annexation area was zoned R-6. The R-6 zoning designation allows six units per acre, which is roughly equivalent to the previous zoning of RS-7200. However, the development regulations for the R-6 zone, such as minimum lot width, were changed under the new designation. Comorehensive Plan and Zoning Analvsis The subject area is designated as Single Family 1-8 units per acre in the Soos Creek Community Plan, and as Urban Residential 47-12 units per acre in the newly adopted King County Comprehensive Plan. The Kent Comprehensive Plan designates the subject area as Single Family, while the East Hill Subarea Plan designates the area as SF 6, which allows single-family residential development at densities of four-to-six units per acre. The East Hill Plan also designates the area along Garrison Creek as Constrained Areas, which are defined as areas classified as environmentally sensitive due to natural hazards (landslide, seismic, erosion, and flooding potential) and areas which support unique, fragile or valuable resources. The property surrounding the subject area is characterized by a variety of zoning designations. The land to the west of the subject area is generally zoned for multifamily residential uses, with the steep hillsides along the western edge of the subject area providing separation between the parcels .in the annexation area and the multifamily developments to the west. The areas surrounding the subject property to the south, east and north are zoned for single-family residential use, with the predominant zoning being either R1-9.6 or R1-7.2. Zoning Alternatives Three zoning alternatives are presented below for the subject area. All alternatives show the area being zoned as single-family residential, which is consistent with both the City of Kent and King County Comprehensive Plans. The difference between the alternatives relates to the density of single-family development which would be permitted in the area. The zoning alternatives are shown on the attached maps. Alternative I This alternative would simply convert the previous King County zoning of R6 to the Kent zoning designation of R1-7.2 for the entire annexation area. This alternative would be the most similar MEMO TO: Ket Morrill, Chair, and Planning Commission Members SUBJECT: � ' nnexation Area Initial Zoning #AZ-954k PAGE 4 to the previous King County zoning. However, it would also place R1-7.2 zoning on parcels located on the western edge of the annexation area with very steep slopes. Alternative 2 In this alternative the western edge of the annexation area would be designated R1-12, while the remainder of the area would be designated as R1-7.2. The proposed zoning of R1-12 on the western edge of the area would reflect the steep slopes in this area. Alternative 3 This alternative is similar to Alternative 2, except that the most extreme slopes along the western edge of the property (those areas designated as Severe Hazard Areas) would be designated Rl- 20, with the southwestern portion of the area being zoned R1-12. As in the first two alternatives, the remainder of the area would be zoned R1-7.2. Summary Each of the alternatives is designed around zoning most, or all, of the annexation area R1-7.2. This is in recognition of the extensive process that has gone on in zoning this area since 1990, through both the Soos Creek Community Plan and the recently adopted King County development code amendments. Alternatives 2 and 3, however, propose zoning the western portion for lower densities, due to the steep slopes in this area. It has been the City's practice in the past to zone environmentally constrained areas for lower densities. There are also some constrained areas in the northeastern portion of the area; however, this area has already been platted, and the subdivision was designed with larger lots to acknowledge the topography of the area. Since this area has already been built, it is proposed to be designated R1-7.2 to be consistent with the previous King County zoning. Staff Recommendation Staff recommends that the Planning Commission recommend to the City Council the zoning designation outlined in Alternative 2 for the Beck Annexation Area. KO cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager BECK ANNEXATION AREA BECK Ca Y LIMITS w e 4 216TN IT c 9 a 17 2I9TH JT 2:4TN 9T o i FL Sr'2:?TM. L� fl / W E 2207M ST I C- \JL J L IT Call ST 1 22L40 I �� TK IT _E 22_TM PL Ilv, N/CC d C J 22 X IT 2 9 c' E 2247X _ .... 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I " IIh BECK f: ANNEXATION ZONING ��.[':. \ hI{� � ✓ — \ �� �� +/ram i .\\B- �, •..::•s----'.fir __--_ _ .'iv•.._ua'r3*r— _=.s.�_� :_._.___. y..-.:v:-`_ ' (•.a�t/1.'V'•` {f ',�+_ — __ _ _.__-�=_�,cY. 9===mac=�c =a_ r .._. .. �.y.' _ _ - ALTERNATIVE r. /!- ',1 II —y ._ f 3•+,c..t_=._= _-c tea. ���. _ 1'� ✓' `ts �I"/!! _t a�za— ._� _� �_- _-' .�_. ��\�\\ III i � i '��I SE I vp =� �.z- �s y - —�• /r 5 E' 31 i BECK �� 11.\ Ir �d/,✓ Ft-" '�a T s�•-._ __a>>s„L _� � � Ir � �• ,� I�� 1 � >ti � i,y s� ���=°. —•� �,+r:;�: 1 I I ZONE I; ��� I f 5E;232 5T BOUNDARY . I, ill �',� :arc '� Mt_` -_ ''a 11 � .-.✓ 11� � CITY LIMITS \;.,71 Wo r+ ey 7 t @ ski_ — •� cif c e— s % \". \ \.I � 'Y — —_—_�_�—fit• I I I .� :.o..'. 11•, 1 t t - i r \ fit"i BECK \ \ AN N E XA.T I 0 Yy \ \ t x - `+'`' s .? `\`" . > ZONING M. AW ✓ %'`^ i N' /'_�\` —`\ i-\� \ \ �',`\ 1: \� rz� -44� _ sa I1111 (•.�^�..��,�'•�.. "T�)Ti�'A��.�s.-�r _ ___Cv��:yt.3:i�'y����''G—Z' \Il.RO.'s��-���__ _�.� 2:1�—: _—ic \ ALTERNATIVE r 1• -'1 r _ �-`•2-- � -.Jc`i-ja_ti 'i T' -••s, _. s��- Y � 't1I ia i!' l�r i \. .re ♦r �' .t _tay-`S.i z>- r e=_S-ii. I I 7. lip v.-:u.__.:•. �- T�' .�•.-�•- — i-'^ Y'.31 / .i '� / � f pp l �Ii ,It �T -- — - / � I ,•BECK SE;232 ST � ZONE B O UND_4RY :.I.{I..: ==s L�:__-. .�,z-$'1'� _s _ x---:o \_I / I, rTlT'S•7 CITY LihiITS - CF�rT�-ems_ V '4C �+.Ys .c.- T_a a z. /.J /Ir r•v.�1171 - C ie—r•-.--rs-=�-mac.• rl 7 H El Kent Planning Commission April 24, 1995 Chair Morrill commented that each of the Commissioners, if they so wished, could submit a minority report to the City Council. Chair Morrill requested that a minority report be prepared for his signature. Commissioner Nuss requested that her name be added to the report. The hearing was closed at 7:30 PM. BECK ANNEXATION ZONING #tAZ-95-2 Kevin O'Neill, Planning Department, presented the Beck annexation zoning report. Mr. O'Neill gave a brief history of the area. A viewfoil was shown depicting the location of the potential annexation and the topography of the area. This area was originally in King County's Soos Creek Community planning area. There are three zoning alternatives recommended by staff: Alternative 1: This alternative would simply convert the previous King County zoning of R6 to the Kent zoning designation of R1-7.2 for the entire annexation area. Alternative 2: In this alternative the western edge of the annexation area would be designated R1-12 while the remainder of the area would be designated Rl- 7.2 Alternative 3: This alternative is similar to Alternative 2, except that the most extreme slopes along the western edge of the property would be designated R1-20, with the southwester portion of the area being zoned R1-12. The remainder of the area would be zoned R1-7.2. Staff recommended Alternative 2. Chair Morrill called for public comment. ROBERT KIGA, 9440 S. 233rd Place, Kent, WA 98031, commented his major concern with development along 94th Avenue S. is the availability of a wide enough road. Presently 94th Avenue narrows as it migrates towards James Street. He felt the road should be widened if there is any development in the area. JUDITH MCDOUGALL, 23405 94TH AVENUE S., Kent, WA 98031, commented she lives on the west side of 94th. Ms. McDougall stated 94th is not wide enough to handle any traffic. THEODORE POLK, 24415 64TH AVENUE S., KENT, WA 98031, asked if the zoning Rl- _� 12, allows one residence per acre. nZCA-95-1 Adult Use Zoning #AZ-95-2 Beck Annexation Zoning 4 Kent Planning Commission April 24, 1995 _ Mr. O'Neill commented R1-12 allows one dwelling unit per 12,000 square feet or about three and a half units per acre. JIM MUIR, 23007 96TH AVENUE S., KENT, WA 98031, asked what was the difference between the County's zoning and the City's. Mr. O'Neill explained that under King County's development regulations, R-6 zoning means six units per acre. The units can be placed anywhere on the site as long as the minimum development standards are met. However, Kent's RI-7.2 means each lot needs'to be at least 7,200 square feet. As the Commission is aware, the staff is reviewing policies in its Comprehensive Plan to support lot averaging and clustering. A proposal concerning this type of development will be brought to the Commission next month for consideration. Mr. Muir commented that if lot averaging was allowed, either alternative 2 or 3 would be acceptable. AMY FORMS, 23306 94TH COURT S., KENT WA 98031, commented she is against lot clustering or more multifamily construction in the area. She recommends that the Commission adopt alternative 3. MIKE ROBINSON, 9409 S. 232ND, KENT, WA 98031, was not in favor of any of the alternatives. He felt the lots should be larger. Mr. Robinson thought that the area should be zoned R1-20. No further public comments were made. Chair Morrill requested Kevin O'Neill respond to some of the questions asked by the public. Mr. O'Neill commented that 94th Avenue is currently widest in the areas adjacent to existing plats. As additional properties bordering 94th Avenue develop, road widening would take place. Mr. O'Neill wasn't aware of any City plans to independently widen the road at this time. Mr. O'Neill reiterated that the Comprehensive Plan cluster housing proposal has not been considered by the Planning Commission. He remarked that it is not the intent of the "clustering" proposal to allow multifamily as part of the clustering development. The use of the land would be single family but the way the units would be configured on the property would allow more flexibility in development. Commissioner Stringham asked if the area was zoned R1-20 could it potentially create problems for those property owners whose property is currently less than 20,000 square feet in size. HZCA-95-1 Adult Use Zoning YrAZ-95-2 Beck Anne-ration Zoning 5 Kent Plannina Commission April 24, 1995 Mr. O'Neill stated that if the property was zoned R1-20, any lots that would be less than 20,000 square feet in size would be considered legal nonconforming. Mr. O'Neill explained that staff is recommending Alternative #2 because there is already R1-12 zoning in place to the north of this area. Staff tries not to create disjointed zoning designations. There is no R1-20 zoning directly bordering this area. This area has very steep slopes and the parcels that have steep slopes will be difficult to develop regardless of the zoning designation because of the City's current hazard area regulations. The intent of the R1-12 zoning designation is to provide some limited development potential in this area. Commissioner Dahle MOVED and Commissioner Nuss SECONDED to accept Alternative #3. Commissioner Strin2ham made a friendly amendment to change the one R1-12 area to R1-20. Commissioner Dahle accepted the amendment. MOTION carried with six votes for and one vote against motion. Mr. Satterstrom explained this item will be placed on the May 16, 1995 City Council agenda. There also will be another hearing 30 days from the May 16th date. Commissioner Dahle MOVED and Commission Nuss SECONDED to close the hearing at 8:25 PM. Motion carried. Respectfully submitted, /--- Jecoes arras rding Secretary c:pernin4.2! #ZCA-95-I Adult Use Zoning #AZ-95-2 Beck Annexation Zoning 6 Kent City Council Meeting Date July 18 , 1995 Category Other Business 1. SUBJECT: METRICOM FRANCHISE ORDINANCE - SECOND READING AND ADOPTION 2 . SUMMARY STATEMENT: At the direction of the City Council on July 5th, the Metricom Franchise Ordinance was sent back to the Public Works Committee for further discussion and direction. The Public Works Committee recommended that, upon the City Attorney' s concurrence with the franchise language, this date be set for the second reading and adoption of the Metricom Franchise Ordinance. 3 . EXHIBITS: Public Works Committee minutes and Metricom Franchise ordinance 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember O.UA moves, Councilmembl1er � &v_0_�L'seconds that Metricom Franchise Ordinance No. � ) - bbe adopted upon--the City Attorney' s concurrence with the franchise language. DISCUSSION• �y .ACTION: Council Agenda Item No. 4C PUBLIC WORKS COMMITTEE JULY 10,1995 PRESENT: TIM CLARK TOM BRUBAKER JIM BENNETT GARY GILL DON WICKSTROM ABSENT: PAUL MANN Miscellaneous Project Funding Wickstrom explained that we have two signals (James & West Valley Highway and 228th & West Valley Highway) that have been malfunctioning. The problem has been traced to some wires in the cabinets. He said that when we rebuilt the intersections we tried to save money and retained the existing cabinets which are prewired cabinets. To fix the problem, we have ordered new cabinets at $10,000 each. Wickstrom further explained that we have two federally funded projects (Frager Road guardrail and the pedestrian signal installation at Central Ave & Pioneer, for which the local match has not been budgeted. The match is $10,200 (7,200 for Frager & 3,000 for the pedestrian signal.) Wickstrom said that there are funds remaining from the 259th & Central Ave signal project fund, ($10,136), the Green River Bridge at Central Ave project fund ($18,729 remaining) and the Frager Rd & 212th St. Channelization project fund ($1 ,335 remaining). Committee unanimously recommended establishing a signal cabinet replacement project fund in the amount of $20,000 and the transfer of the monies thereto, and also, to transfer $7,200 to the Frager Rd guardrail project and to transfer $3000 to the Central & Pioneer pedestrian signal project from the completed project funds as noted. Metricom Franchise Clark asked Brubaker what we would gain from this franchise. Brubaker said that we have a right to charge a franchise fee. However, any franchise fee we impose will be listed on the subscriber's bill as an additional charge. Brubaker stated that every subscriber to the Metricom network will get a monthly subscription fee plus a City of 1 Kent franchise fee as well as a utility tax. Brubaker said that in lieu of paying us for the power for these units, we asked Metricom for one free subscription for every 10 units installed. Metricom didn't feel comfortable with this idea. However they (Metricom) did suggest giving us, outside of the franchise, two trial subscriptions with two modems. In this way the City could experiment with it and see what needs we may have. Clark said that he would like language included in the franchise that if they sell, whatever is installed would revert back to the city. Brubaker said that Metricom wouldn't go for that. Clark reiterated that if they change the name the City begins all over again with negotiations. Upon the City Attorney further negotiating with Metricom regarding transfer of ownership language and, after researching what types of franchise fees are charged elsewhere and implementing that structure, Committee concurred with placing this franchise ordinance on the next Council agenda for the second reading and adoption. ADDED ITEM: Inter-City Bus System (Bennett) Bennett wanted to clarify that we do have $200,000 in a fund for an inter-city bus system. Wickstrom noted that this was previously approved by Council. Bennett suggested leasing the service rather than contracting a bus service. Wickstrom said that part of the money we have is to match our grant with METRO. Brubaker stated that in the preparation of the contract and/or lease, it is important that they are heavily insured, and the other problem to solve is whether to lease or contract. Brubaker is waiting for direction on this. Meeting adjourned: 5:10 p.m. 2 ORDINANCE NO . AN ORDINANCE of the City of Kent, Washington, granting unto Metricom, Inc . , ( "Metricom" ) , a Delaware corporation, its successors and assigns, the right, privilege, authority and franchise for five years, to construct , maintain, operate, replace and repair a wireless data communications system on, across, through, and above the public right-of-ways of the City of Kent, Washington for the sole purpose of operating a subscriber-based wireless data communications network, which is to be comprised of radio transmitters installed on utility poles and/or facilities . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : Section 1 . Franchise Granted. Pursuant to RCW 35A. 47 . 040 , the City of Kent, Washington (hereinafter the "City" ) hereby grants to Metricom, Inc . , a Delaware corporation (hereinafter "Metricom" ) , subject to the terms and conditions set forth herein, a franchise for a period of five years, commencing on the effective date of this ordinance . This franchise shall grant Metricom the right , privilege and authority to construct, operate, maintain, replace, and use all necessary equipment and facilities thereto for a wireless data METRICOM FRANCHISE--Page 1 of 19 communications system on, across, through and above the public right-of-ways located in the City of Kent . Metricom' s system shall be comprised of radio transceivers and related equipment installed on utility poles and/or facilities . Subject to the provisions of RCW 35A. 14 . 900 , these franchise privileges shall extend automatically to all additional territory annexed by the City during the term of this franchise, subject to the rights, privileges and limitations established in this franchise . This franchise shall automatically renew for one (1) additional five year term only upon the occurrence of the following conditions : (a) Metricom provides the City written notice, delivered by certified mail to the City' s Public Works Director and to the City Clerk, at least 180 but not more than 240 days prior to the termination of the original five-year term, of the pending expiration of this franchise; (b) The notice must specifically refer to this franchise by its City Ordinance Number, must inform the City of the franchise ' s expiration date, must specifically reference this franchise provision, and further must inform the City that this franchise will automatically renew for one additional five-year term, unless the City can, in good faith, show a substantial change in position of either party evidencing that the franchise should be renegotiated or METRICOM FRANCHISE--Page 2 of 19 terminated and the City provides , within ninety (90) days of �. receipt of Metricom' s notice, written notice to Metricom of its decision not to renew or to re-open negotiations of this franchise . Notwithstanding the preceding limitations on franchise renewal, the City reserves its absolute right, at its sole option, to reopen franchise negotiations during the last year of operation of the first five (5) year franchise term, for the purpose of modifying or amending this franchise only as it relates to the imposition of a franchise fee to be imposed for the second five (5) year franchise term. Metricom' s failure to comply in any material way with any part of these franchise renewal conditions shall cause this franchise to fully terminate at the end of the initial five-year term. The rights and privileges granted under this franchise shall not convey any right to Metricom for the use of City-owned, leased or operated properties outside of the franchise area described above . This franchise does not convey warranty or title or any interest in City right-of-ways . Nor does this franchise convey any interest in any particular location in City right-of-ways . Section 2 . Non Exclusive Franchise Grant . This franchise is granted upon the express condition that it shall not METRICOM FRANCHISE--Page 3 of 19 in any manner prevent the City from granting other or further franchises in, along, over, through, under, below or across any - City right-of-ways . The City shall retain power to make all necessary changes, relocations, repairs , maintenance, establishment, improvement , and dedication of its right-of-ways as the City may deem fit , including the dedication, establishment, maintenance, and improvement of all new right-of-ways . This permit does not provide Metricom exclusive use of any City poles or property, and the City may install additional users on its poles ; however, the City shall first obtain from any future pole user written agreements that subsequent to the installation by Metricom of its equipment on a City pole in accordance with this franchise ordinance, (i) that subsequent user shall not install new equipment on the pole if the equipment causes radio interference with Metricom' s operations and (ii) in the event interference occurs , the subsequent user shall immediately take all reasonable steps necessary to eliminate that interference . Section 3 . Franchise Fee . Metricom shall pay the City quarterly, on or before the thirtieth (30th) day of each January, April, July and October, a sum equal to four percent (4%) of Metricom' s gross revenues from subscribers whose billing address lies within the corporate limits of the City of Kent . Revenues that are derived as a portion of a national or regional service shall be computed on a per subscriber basis if such determination cannot be achieved by other means . METRICOM FRANCHISE--Page 4 of 19 A. Late Payment . Any quarterly franchise fee not paid by Metricom within thirty (30) days of the end of a quarter shall bear interest at the rate of twelve percent (1201) per annum from the due date until paid. B . Financial Reports Each franchise fee payment shall be accompanied by a financial report showing the basis for the Operator ' s computation and separately indicating revenues received by the Operator within the City from the various subscription and other services it provides, together with such other information directly related to confirming the amount of Metricom' s gross revenues as may be reasonably required by the City. C. Audit by City. The City shall have the right., upon reasonable notice or no less than two working days , to inspect Metricom' s books and records during normal business hours , for the purpose of ascertaining the actual gross revenues collected by Metricom. In the event that this audit discloses a discrepancy of more than ten percent (10%) between the financial report submitted by Metricom with a quarterly payment and the actual gross revenues collected by Metricom, Metricom shall pay the City the costs of that audit . In the event that the audit results in a determination that additional franchise fees are due the City, Metricom further agrees to pay interest as required for late payment on such additional franchise fees computed from METRICOM FRANCHISE--Page 5 of 19 the date on which such additional franchise fees were due and payable . D. Non-waiver. Acceptance of any franchise fee payment by the City shall not be construed as an agreement by the City that the franchise fee paid is in fact the correct amount, nor shall acceptance of payment by the City be construed as a release or waiver of any claim the City may have for further or additional sums payable under the provisions of this Ordinance . E. Taxes . Nothing in this Section 3 shall limit Metricom' s obligation to pay applicable local, State, or Federal taxes . Section 4 . Facility Installation and Availability. All Metricom facilities installed pursuant to this franchise ordinance will be installed on existing utility poles and/or facilities owned by Puget Power Company or the City, unless otherwise agreed to in writing. Metricom shall not construct or cause the construction of any poles or other structures within City right-of-ways . The City may agree by separate agreement or ordinance to make City facilities, such as poles and traffic signals, available for use by Metricom provided that Metricom provides fair market value for the use of such facilities or, alternatively, provides other compensation or services as the METRICOM FRANCHISE--Page 6 of 19 City deems equivalent . Additionally, Metricom' s use of these interfere with the City' s use of the City facilities cannot facilities . To the extent that Metricom makes its facilities and/or services available to other governmental entities within the State of Washington in exchange for the use of property similar to those right-of-ways authorized to be used by Metricom hereunder, Metricom shall also make those facilities and/or services available to the City subject to similar terms and conditions . Section 5 . Relocation of Wireless Data Communications System Facilities . Subject to all applicable laws, within thirty (30) days, or within the period of time determined by the City in the event of an emergency, Metricom, at its sole cost, shall remove or relocate any of its equipment subject to this franchise ordinance upon the City' s demand, for good cause shown. For the purposes of this Section 5 , "good cause" for removal or relocation of Metricom' s equipment shall include, without limitation, any lawful change of grade, alignment, or width of any public right-of-way or the replacement of any street light or utility pole . The provisions of this Section 5 shall in no manner preclude or restrict Metricom from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not METRICOM FRANCHISE--Page 7 of 19 or will not become City-owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City - construction project . Section 6 . Technological Changes . To address technological changes in the state-of-the-art communication services during the term of this franchise ordinance, the City may elect to review, at intervals not less than three (3) years, the Metricom communications system and services in light of reasonable needed change in facilities and/or service provision, Metricom shall meet and confer with representatives of the City concerning any identified communications requirements of the City that Metricom might fulfill . Section 7 . Charge for Power Usaae . Metricom' s radio transmitters draw their operating power from the same power line that .feeds City streetlights . Metricom shall, however, arrange by separate agreement with Puget Power Co. , which provides ' electricity to the City, to independently pay for all electricity used by Metricom that is drawn from City streetlights . Section-a. Mans Records and Other Information. Metricom agrees to supply or update, without cost to the City, information requested by the City' s Public Works Director, which information may include an installation inventory, maps, plans , and as-built drawings of all Metricom' s installations . Metricom shall keep the Public Works Director informed of its long-range plans for coordination with the City' s long range plans . METRICOM FRANCHISE--Page 6 of 19 Section 9 . No Obstruction• Pole Standards . Except during an emergency as provided for in Section 11, Metricom will not obstruct, hinder, damage, or otherwise interfere with any City facility or installation, including City utility fixtures or other authorized uses of the public right-of-ways, unless the City has first provided its written authorization. The City shall not unreasonably withhold this authorization. Metricom shall, when conducting any work on or at a City-owned utility pole, conduct that work in accordance with all applicable Puget Power "pole standards" in effect at the time Metricom conducts the work. Metricom shall be responsible for anticipating and reasonably avoiding conflicts with other right-of-way occupants or users, other utilities, franchisees , or permittees . The City assumes no responsibility for these conflicts or errors . Section 10 . Permits and Approvals Except as provided for in Section 11, nothing in this franchise ordinance shall relieve Metricom from its obligation to obtain approvals or necessary permits from applicable federal , state, and City authorities for all activities, whether or not contemplated in this franchise, within the franchise area. Section 11 . Emergency Work -- Permit Waiver. In the event any of Metricom' s facilities in any way create an immediate danger to the property, life, health or safety of the public or any individual , Metricom shall immediately take the proper emergency measures to repair its facilities and to cure or remedy the dangerous conditions for the protection of property, life, health or safety without first applying for and obtaining a METRICOM FRANCHISE--Page 9 of 19 permit as required by this franchise . However, this shall not relieve Metricom from the requirement of obtaining any permits necessary for this purpose, and Metricom shall apply for these permits within seven (7) calendar days . Section 12 . Dangerous Conditions Authority for Citv to Abate . Whenever construction or installation of the facilities authorized by this franchise has caused or contributed to a condition that appears to endanger the public, an adjoining public place, street utilities or City property, the Public Works Director may direct Metricom, at Metricom' s own expense, to take actions to protect the public, adjacent public places, City property or street utilities ; and such action may include compliance within a prescribed time . In the event that Metricom fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may take such actions as are necessary to protect the public, the adjacent streets, or street utilities, and Metricom shall be liable to the City for the costs thereof . Section 13 . Recovery of Costs and Fees . Metricom shall pay a filing fee for the City' s administrative costs in drafting and processing this franchise agreement in the amount of Two Thousand Dollars ($2000 . 00) together with an additional Five Hundred Dollars ($500 . 00) charge for all work related thereto . Metricom shall further be subject to all permit fees associated METRICOM FRANCHISE--Page 10 of 19 with activities undertaken through the authority granted in this franchise ordinance or under the laws of the City. Where the City incurs reasonable costs for review, inspection or supervision of activities undertaken through the authority granted in this franchise or any ordinances relating to the subject for which a permit fee is not established, Metricom shall pay such costs and expenses directly to the City. In addition to the above, Metricom shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Metricom' s facilities . Nothing provided in this Section 13 shall exempt or in any manner limit Metricom' s obligation to pay any tax required by the Kent City Code or any other ordinance, specifically including, without limitation, City utility taxes . Metricom shall remit to the City any taxes, including utility users ' taxes, all in compliance with the provisions of the Kent City Code . Metricom reserves its right to collect any city imposed taxes from its customers . Section 14 . Indemnification. Metricom shall defend, indemnify and hold the City, its officers, officials, employees and agents harmless from any and all claims , actions, injuries, damages, losses or suits, including all legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of Metricom' s rights or obligations granted by this franchise ordinance, but only to the extent of the negligence or comparative fault of Metricom, its employees , agents , contractors , subcontractors or assigns . METRICOM FRANCHISE--Page 11 Of 19 The City' s inspection or acceptance of any of Metricom' s work when completed shall not be grounds to avoid any of these V covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES Metricom' S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT 'THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this Section 14 shall survive the expiration or termination of this franchise ordinance . Section 15 . Insurance . Metricom shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Metricom, its agents , representatives or employees . Metricom shall provide a copy of such insurance policy to the City for its inspection prior to the adoption of this franchise ordinance, and such insurance shall evidence : 1 . Automobile Liability insurance with limits no less than $1, 000 , 000 Combined Single Limit per accident for bodily injury and property damage; and 2 . Commercial General Liability insurance policy written on an occurrence basis with limits no less METRICCM FRANCHISE--Page 12 of 19 than $1, 000 , 000 Combined Single Limit per _. occurrence and $2 , 000 , 000 aggregate for personal injury, bodily injury and property damage . Coverage shall include but not be limited to : blanket contractual ; products/completed operations; broad form property; explosion, collapse and underground (XCU) ; and Employer' s Liability. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductible or self-insured retention shall be the sole responsibility of Metricom. The insurance obtained by Metricom shall name the City, its officers , employees and volunteers as insureds with regard to activities performed by or on behalf of Metricom. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers , officials, employees or volunteers . In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought , except with respect to the limits of the insurer' s liability. Metricom' s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers . Any insurance maintained by the City, its officers, officials , employees or volunteers shall be excess of Metricom' s insurance and shall not contribute with it . METRICOM FRANCHISE--Page 13 of 19 The insurance policy or polices required by this clause shall be endorsed to state that coverage shall not be suspended, y voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days ' prior written notice by certified mail , return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials , employees or volunteers . Section 16 . Abandonment of Metricom' s Facilities . No facility installed in any City right of way by Metricom may be abandoned by Metricom without the express written consent of the City. Any plan for abandonment or removal of Metricom' s facilities must be first approved by the Public Works Director, and all necessary permits must be obtained prior to that work. Section 17 . Modification. The City and Metricom hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 18 . Termination. If Metricom willfully violates or fails to substantially comply with 'any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Metricom by the City under the provisions of this franchise, then the Kent City Council may terminate this franchise . METRICOM FRANCHISE--Page 14 of 19 This franchise creates no obligation to make any payment or award in condemnation to Metricom, except to the extent any state or federal laws may independently require . Section 19 . Failure to Commence Installation. Notwithstanding the provisions of Section 18 , this franchise ordinance shall be deemed void in its entirety if Metricom fails to commence installation of its facilities within one year from the effective date of this franchise ordinance, unless otherwise agreed to in writing by the City. Section 20 . Remedies to Enforce Compliance . In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Metricom and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 21 . City Ordinances and Regulations . Nothing herein shall be deemed to direct or restrict the City' s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public . The City shall have the authority at all times to control by appropriate regulations and permits the location, elevation, and manner of construction and maintenance of any wireless data communications system facilities by METRICOM FRANCHISE--Page 15 of 19 Metricom, and Metricom shall promptly conform with all these regulations or permits, unless compliance would cause Metricom tc,- violate other requirements of law. Section 22 . Cost of Publication. The cost of the publication of this ordinance shall be borne by Metricom. Section 23 . Acceptance . After the passage and approval of this ordinance and within sixty days after such approval , this franchise shall be accepted by Metricom by its filing with the City Clerk an unconditional written acceptance thereof . Failure of Metricom to so accept this franchise within said period of time shall be deemed a rejection thereof by Metricom, and the rights and privileges herein granted shall , after the expiration of the sixty day period, absolutely cease, unless the time perioc is extended by ordinance duly passed for that purpose . Section 24 . Survival . All of the provisions, conditions and requirements of Sections 14 , 20 and 21 of this franchise shall be in addition to any and all other obligations and liabilities Metricom may have to the City at common law, by statute, or by contract, and shall survive the City' s franchise to Metricom, and any renewals or extensions thereof . All of the provisions, conditions, regulations and requirements contained in this franchise ordinance shall further be binding upon the heirs, successors , executors, administrators, legal representatives and assigns of Metricom and all privileges, and all obligations and liabilities of Metricom shall inure to its heirs, successors and METRICOM FRANCHISE--Page 16 of 19 assigns equally as if they were specifically mentioned wherever Metricom is named herein. Section 25 . 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 franchise ordinance . Section 26 . Assignment . Metricom shall not assign or transfer this franchise ordinance without the express written consent of the City, which consent shall not be unreasonably withheld. Metricom shall give to the City thirty (30) days ' prior written notice of any such transfer. Any attempted assignment in violation of this Section 26 shall be void. Section 27 . Notice . Any notice or information required or permitted to be given to the parties under this franchise agreement may be sent to the following addresses unless otherwise specified: City of Kent Director of Public Works 300 West Gowe Kent, WA 98032 (206) 859-3383 METRICOM FRANCHISE--Page 17 of 19 Metricom, Inc . ATTN: Kirk Wampler _ 980 University Avenue Los Gatos, California 95030 (408) 399-8200 Metricom, Inc . Legal Department 980 University Avenue Los Gatos, California 95030 Section 28 . Effective Date . This Ordinance shall take effect thirty (30) days after its passage after first being submitted to the Kent City Attorney, and after being granted by the approving vote of at least a majority of the City Council at a regular meeting on July 18 , 1995 and after introduction on July 5, 1995 , and after being published at least once in a newspaper of general circulation in the City of Kent, and shall remain in force and effect for five years and for an additional five years thereafter if renewed under the provisions of Section 1; PROVIDED, THAT it shall not be effective unless and until written acceptance of this ordinance by Metricom signed by its appropriate officers, shall be filed with the City Clerk within sixty (60) days of its passage by the Kent City Council . JIM WHITE, MAYOR METRICOM FRANCHISE--Page 18 of 19 ATTEST : BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1995 . APPROVED the day of 1995 . PUBLISHED the day of 1995 . 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 METRICOM.pwk METRICOM FRANCHISE--Page 19 of 19 Metricom, Inc. ACCEPTANT OF CITY FRANCHISE Ordinance No . Passed on 1995 . I , am the of Metricom, Inc . and am an authorized representative to accept the above-referenced City of Kent franchise ordinance on behalf of Metricom, Inc . I certify that this franchise and all its terms and conditions are accepted by Metricom, Inc . without qualification or reservation. DATED this day of 1995 . Metricom, Inc . by its STATE OF WASHINGTON) ss. COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of Metricom, Inc. to be the free and voluntary act of that corporation for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / /X0 Kent City Council Meeting Date July 18 . 1995 Category Other Business 1. SUBJECT: REFERENDUM 48 - RESOLUTION 2 . SUMMARY STATEMENT: The proposed resolution supports the placement of Referendum 48 on the November general election ballot to put before the voters the issue of Initiative 164, the "Private Property Regulatory Fairness Act" . Having Referendum 48 on the ballot would provide the citizens of Kent an opportunity to become fully informed of the effects of implementing Initiative 164 , as well as the opportunity to vote on the measure. Initiative 164 was discussed at the Council Workshop prior to the meeting. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ N/ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember L' moves, Councilmember 'seconds to adopt Resolution No. l�� supporting the placement of Referendum 48 on the November general election ballot. DISCUSSION: � r1 ^ ACTION: 1NUy�� 1�\ Council Agenda Item No. 4D RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, supporting the placement of Referendum 48 on the November general election ballot to put before the voters the issue of Initiative 164 , the "Private Property Regulatory Fairness Act" . WHEREAS, the Washington State Legislature enacted Initiative 164 , Chapter 98 of the Laws of 1995 , the "Private Property Regulatory Fairness Act" , which is due to take effect on July 23 , 1995 ; and WHEREAS, Initiative 164 prohibits some governmental actions that limit the use or development of private property unless the government complies with certain requirements of the Initiative; and WHEREAS, the language of Initiative 164 contains provisions that are ambiguous and inconsistent with other state laws currently in effect which will make implementation costly and likely result in litigation; and WHEREAS, the practical effect of Initiative 164 is that county and local governments will incur the major financial impacts of its implementation with resulting burdens to the taxpayers; and WHEREAS, Initiative 164 will further result in delayed permit and land use decisions as a result of the requirements of the Initiative; and WHEREAS, the City Council believes it is in the best interest of the citizens of Kent to have an opportunity to become fully informed of the effects of the provisions of Initiative 164 and to have an opportunity to vote on the same; and WHEREAS, Referendum 48 , which would place before the voters on the November general election ballot, the issue of Initiative 164 , is currently being circulated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : SECTION I . That the City Council supports the placement of Referendum 48 on the November general election ballot to give ,the citizens an opportunity to become fully informed of the effects of Initiative 164 and to have an opportunity to vote on the same . Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1995 . 2 Concurred in by the Mayor of the City of Kent , this day of , 1995 . JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No . passed by the City Council of the City of Kent, Washington, the day of 1995 . (SEAL) BRENDA JACOBER, CITY CLERK init164.res 3 Kent City Council Meeting Date July 18, 1995 Category Other Business 1. SUBJECT: INITIATIVE 164 - EMERGENCY ORDINANCE 2 . SUMMARY STATEMENT: As a follow-up to the Council Workshop prior to this Council meeting, staff will present for consideration and adoption, a proposed emergency ordinance for the purpose of implementing the provisions of Initiative 164, the "Private Property Regulatory Fairness Act. " This Act takes effect on July 23 , 1995, unless enough signatures are gathered on Referendum 48 which would place the issue of Initiative 164 on the November general election ballot. In order to comply with the provisions of Initiative 164, should it become effective on July 23 , certain administrative policies need to be established. The purpose of this ordinance is to establish such policies. Initiative 164 was discussed at the Council Workshop prior to the meeting. One plus a majority of Councilmembers (5) must vote for this ordinance in order to adopt it. 3 . EXHIBITS: See workshop packet 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember /VV moves, Councilmember 0 seconds ROLL to adopt Emergency Ordinance No. ,Je implementin the provisions of Initiative 164 . CALL CVOTE DISCUSSION: f ACTION• 1 Council Agenda Item No. 4E /xIX Kent City Council Meeting Date July 18, 1995 Category Bids 1. SUBJECT: KENT COMMONS AIR CONDITIONING 2 . SUMMARY STATEMENT: On July 12, 1995, the Operations Committee recommended awarding the Kent Commons Air Conditioning bid to Design Air Limited, the low bidder, in the amount of $302, 010. 01. Three bids were received and are within the existing budget with two alternates included. 3 . EXHIBITS: Memo from Finance Director and Fa lity Manager 4 . RECOMMENDED BY: operations Committee 3 0 (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT': NO X YES 6. EXPENDITURE REQUIRED: $302 010 Al SOURCE OF FUNDS: CIP 7. CITY COUNCIL ACTION: ✓i Councilmember �move, Councilmember seconds that the bid �r Kent Commons Air Conditioning be awarded to Design Air Limited in the amount of $302 , 010. 01. DISCUSSION: ACTION: Alt ` Council Agenda Item No. 5A MEMO DATE: July 6, 1995 TO: Mayene Miller, Finance Director FROM: Charlie Lindsey, Facilities Manager SUBJECT: Kent Commons Air Conditioning Upgrade Bids The budget for this project is $402,000 of which about$81,000 is for engineering fees leaving $321,000 for the construction portion. Due to uncertainty as to whether we would have enough budget to cover this project we bid it with a base and five add alternates. The alternates were as follows: 1. Provide fan coil units FC-1, (for the Green River Room), FC-7,(for the Millcreek Room), and associated piping controls and accessories. 2. Provide Variable Frequency Drive (VFD), associated wiring, and Direct Digital Controls for chilled water circulation pump P-2. 3. Provide a Direct Digital Control system for the chiller(CH-1), circulation pumps (P-1 and P-2) and the Variable Frequency Drives as indicated on the drawings and the fan coils indicated on the fan coil schedule sheet. 4. Provide Direct Digital Control for fan coil units in perimeter offices. 5. Paint all exposed ceiling hung fan coil units, exposed ductwork, and exposed piping. We received three bids exclusive of sales tax as follows: 1. Nardone Mechanical : Base bid-$257,305,Alternates{1.}$12,969{2.}$17,156 {3.}$43,126 {4.} $33,688 {5.} $9,626. 2. Mechanical Contractors Inc: Base bid-$284,000,Alternates{1.}$8,400 {2.}$17,440{3.} $43,400 {4.} $33,970{5.}$4,800. 3. Design Air Limited: Base bid -$223,440,Alternates{1.} $13,298{2.}$17,004 {3.}$42,384{4.}$33,109 {5.}$6,443. The engineer recommends awarding the bid to the apparent low bidder Design Air Limited for the base bid and add alternates 1 and 3. For a total bid of$302,335. BUDGET EXPENSE Parks Capital Project Funds Miscellaneous Park Projects $ 50,000 Engineering fees $ 81,000 Kent Commons Air Conditioning 100,000 Construction 302,335 Other Capital Project Funds Contingency 18,665 Kent Commons Air Conditioning 100,000 $402,000 City Hall Plumbing 64,000 $402,000 BID AWARD - KENT COMMONS AIR CONDITIONING Proposed Motion: Recommend award of the Kent Commons Air Conditioning contract to Design Air Limited with funding provided by projects within the Parks and Other Capital Project Funds and to consolidate the funding within the Kent Air Conditioning Project in the Other Capital Projects Fund. I, �. CITY OF KENT MEMO TO: MAYOR AND COUNCILMEMBER;S FROM: 'John an . Assistant Finance Divisi3n Director DATE: July 7 , 1905 SUBJECT: BID AWARD-KENT COMMONS AIR CONDITIONING Bid opening for this project was held on Thursday , July o, 1995 rr.th 3 bids received. yThe low bid was submitted by Design Air Limited in the amount of 5223 .44O for the base bid plus SSE) ,H2 for tNc alternates totalling S279 , 122 exclusive of sales tax. !t is our recommendation that the Kent Commons ,"-.1r Conditloning projeC contract be awarded to Desion Air Limited. BiD SUMMARY: BASE BiD . A.LTFRNATES 1&3 . TOT.-' DESIGN AiR, LIMITED 223 .410 5 . 582 270 . 122 N,4RDOP;'= MEC;ANIC.41 H/ .305 So.G°5 313 ='00 MECHANICAL CONTRACTORS . iNC. 284,000 51 .800 335 .cG0 ITot al COSt- for this DrCje_� a, estimated t0 Ce 3402 .880 WhIC C -he ConC-ructlon ContraC_ plus sales tax. englneerinG fees C S8 .000 and a contingency of $18 .605. Funding for this prc_:ci resides in the following projects which we recommend be CdnSClldateC In the Other CcpiCcl PrC eCtS Fund: PARKS CAPITAL PROJECTS FUND MiSC. PARK IMPRGVEMENTS S 50 . 00 KEN COMMONS AiR CONDITIONING 188 . 000 OTHER CAPITAL PROJECTS FUND KENT COMMONS AIR CONDITIONING 100 .000 PLUMBING-CITY HALLc4. 0O0 Total $402 . 000 COUNCIL ACTION: Award Kent Commons Air Conditioninc Contract Lp Desion Air Limited with I provided by projects within the Parks and Other Capital Project Funds ana to consolidate the funaina_ within the Kent Air Conditioning Project in the Other Capital Projects Fund . Attachment : Memo from Charlie Lindsey , Facilities Manages to Mavene Miller . Finance Division Director MEMO DATE: July 6, 1995 TO: Mayene Miller, Finance Director FROM: Charlie Lindsey, Facilities Manager SUBJECT: Kent Commons Air Conditionina Uporade Bids The budget for this project is S402.000 of which about 581,000 is for engineering fees leaving S321.000 for the construction portion. Due to uncertainty as to whether we would have enough budget to cover this project we bid it with a base and five add alternates. The alternates were as follows: 1. Provide fan coil units FC-1, (for the Green River Room), FC-7,(for the Millcreek Room), and associated piping controls and accessories. 2. Provide Variable Frequency Drive (VFD), associated wiring, and Direct Digital Controls for chilled water circulation pump P-2. 3. Provide a Direct Digital Control system for the chiller (C111-11-1), circulation pumps (P-1 and P-2) and the Variable Frequency Drives as indicated on the drawings and the fan coils indicated on the fan coil schedule sheet. 4. Provide Direct Digital Control for fan coil units in Perimeter offices. 5. Paint all exposed ceiling hung fan coil units. exposed ductwork. and exposed piping. We received three bids exclusive of sales tax as follows: 1. Nardone Mechanical : Base bid -S257,305, Alternates {1.} S12.969 {2.} S17,156 {3.} 543,126 {4.) S33.688 {5.) S9.626. 2. Mechanical Contractors Inc: Base bid - S284,000, Alternates {1.} S8,400 (2.) S17,440 {3.} 543.400 {4.} S33.970 (5.} 54,800. 3. Design Air Limited: Base bid -S223,440, Alternates {1.} 513.298 {2.} S1 7,004 {3.} 542,384 {4.} S33,109 {5.} 56,443. The engineer recommends awarding the bid to the apparent low bidder Design Air Limited for the base bid and add alternates 1 and 3. For a total bid of 5302.335. BUDGET EXPENSE Parks Capital Project Funds Miscellaneous Park Projects S 50,000 Engineering fees S 81.000 Kent Commons Air Conditioning 100,000 Construction 3 02.3 35 Other Capital Project Funds Contingency 18.665 Kent Commons Air Conditioning 100,000 5402.000 City Hall Plumbing o"4.000 5402.000 Kent City Council Meeting Date July 18 1995 Category Bids 1. SUBJECT: FIRE APPARATUS 2 . SUMMARY STATEMENT: Bids were let for two fire engines and an aerial ladder to replace apparatus in accordance with the Apparatus Equipment Replacement Program. One bid was received in the amount of $1, 096, 395. 00. The bid was -€eu}xr unacceptable with respect to cost. The Fire Chief recommends rejection of the bidjynaking some modifications, and letting the bids separaj ly for the fire engines and aerial ladder. 3 . EXHIBITS: none 4 . RECOMMENDED BY: Fire Administration (Committee, Staff, Examiner, Commi sion, etc. ) 5 . UNBUDGETED FISCAL PERSONNEL IMPA NO X YES 6. EXPENDITURE REQUIRED: $ N A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember move, Councilmember seconds that the bid for the fire apparatus be rejected and that the Fire Department be authorized to go out for re-bid. DISCUSSION: &" ACTION: Council Agenda Item No. 5B Kent City Council Meeting Date July 18 , 1995 Category Bids 1. SUBJECT: KENT SPRINGS TRANSMISSION MAIN REPAIR 2 . SUMMARY STATEMENT: Bid opening for this project was held on Friday, June 30th with 6 bids received. Council delayed action on the award due to a bid protest by the second low bidder. A memorandum from the City Attorney is attached denoting no change in his legal position. As such, the Public Works Director recommends that this project be awarded to R.W. Scott for the bid amount of $1, 130F950.76. 3 . EXHIBITS: Public Works Director memorandum, vicinity map and Attorney' s memo 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REOUIRED: $ 1,130 , 950 . 76 SOURCE OF FUNDS: Kent Springs Transmission Main Project Fund W22 7 . CITY COUNCIL ACTION: Councilmember & moves, Councilmember seconds that the Kent Springs Transmission Main Repair project be awarded to R.W. Scott for the bid amount of $1, 130, 950. 76. DISCUSSION• ACTION• Council Agenda Item No. 5C DEPARTMENT OF PUBLIC WORKS JULY 18, 1995 TO: Mayor & City Council FROM: Don Wickstrom RE: Kent Springs Transmission Main Repair Bid opening for this project was held on Friday, June 30th with 6 bids received. The low bid was submitted by R. W. Scott in the amount of $1 ,130,950.76 including tax. The engineer's estimate was $1 ,249,737.05 including tax. The project consists of repairing 8,000 LF of the Kent Springs Transmission Main via a new alignment. It is the recommendation of the Public Works Director that the Kent Springs Transmission Main Repair contract be awarded to R. W. Scott. for the bid amount of $1 ,130,950.76. BID SUMMARY R. W. Scott $1,130,950.76 Robison Construction, Inc. $1 ,201,051 .38 Tri-State Construction $1 ,298,108.73 Frank Coluccio Construction $1 ,324,106.16 Rody & Sons $1 ,429,002.81 Del-Mar Construction $1 ,555,649.83 Engineer's Estimate $1 ,249,737.05 V G fu 1 z l78 TH A VE SE 1B1ST Z z N rill a y /89 TH 192ND v O 197TH n 199 TH 201ST U, 201ST O 203RD k / � 203RD y 204 TH 207TH a ,1 208TH S o E � Q) No r� 49" 216TH A VE. S.E. � Zti y KENT SPRINGS TRANSMISSION MAIN REPAI CITY ATTORNEYS - OFFICE DATE: July 13 , 1995 TO: Kent City Council FROM: Roger Lubovich, City Attorne RE: KENT SPRINGS TRANSMISSION MAIN REBUILD - BID PROTEST Since the last Council meeting on Wednesday, July 5 , 1995, I have had an opportunity to more fully review and research legal issues pertaining to the above-referenced bid protest . Also, to date, my office has received no response whatsoever from either RCI , Inc . , the protesting contractor, or its attorney. It is my recommendation, based on applicable Washington law and the City' s own bid documents, that the City can award the bid to R. W. Scott Construction Company. For authority, I rely predominately on a Washington case involving the City of Tacoma that dealt with a bid irregularity. R. W. Rhine . Inc . v. Tacoma, 13 Wn. App. 597, 536 P. 2d 677 (1975) . Under the facts of that case, the low bidding contractor had obtained a bid bond from his surety company, but had inadvertently included the wrong bid bond in his bid packet . When the contractor explained that he had in fact obtained the bond but mistakenly included the wrong bond in his bid, the City waived the irregularity and awarded the bid to that contractor, giving rise to a protest from the next lowest bidder. Similar to Kent ' s specifications, the Tacoma contract required that all bids : "must be accompanied by a Bid Guarantee . . . [and] [n] o bid will be considered unless it is accompanied by the required guarantee . " Rhine at 599 . However, another provision, also as with the City, reserved the right to reject any and all bids and "to waive informalities in bids received whenever such rejection or waiver is in the City' s interest . " Id. at 599-600 . In its decision, the Rhine court declared that "when bids are submitted, immaterial irregularities can be waived as informalities; however, bids with material defects must be rejected" . Id at 600 . The court then stated that "the test of _ whether or not an irregularity is material is whether or not it gives the bidder a substantial advantage or benefit not enjoyed by other bidders . " Id. The Rhine court determined that filing the improper bond did not confer any advantage on the low bidder that was not enjoyed by other bidders, since the proper bond was in existence even though it had not been filed with the City. ' In the City' s case, R. W. 'The court concluded: "The plaintiff also contends that the contract requires exact compliance with its specifications for the submission of the bid bond so that any variance from these specifications prevents the defective bid from being considered. We find no merit to this argument . We certainly agree that the contract requires exact compliance 2 Scott ' s name had been typed in, awaiting his signature . Further, the company' s notary public had already notarized the president ' s signature, apparently missing the fact that he had not signed the document when signing the other bid documents . Given these facts, one can infer R. W. Scott ' s intent to sign and be bound by this document . Moreover, under the City' s standard contract specifications, a bidding contractor is "deemed to have signed and agreed to the requirements of the non-collusion declaration" by signing the bid proposal, which R. W. Scott did in this instance . W. S .D .O . T. 1994 Standard Specifications for Road, Bridge and Municipal Construction, Section 1-02 . 8 (1) . Additionally, state law requires all contractors to pay minimum wages rates (another element of the document in question) , and all contractors additionally must comply with all other local, state and federal laws . Finally, on July 6 , 1995 , R. W. Scott tendered the subject form with the appropriate signature accompanied by a clarifying letter (attached) that ratifies R. W. Scott ' s original intent to be bound by that affidavit, referencing that the omitted signature as an "oversight" . with its specifications or a bid may not be considered; however, we also recognize that the contract permits the City to waive informalities in the bids if such a waiver is in its best interest . By waiving this irregularity, the City was able to obtain the lowest responsible bid. " 13 Wn. App. at 601 . 3 In sum, just as with the City of Tacoma in the Rhine case, the City had the right to believe that R. W. Scott did not intend to "submit a void bid for the purpose of obtaining a non-existent advantage over the other bidders . " Rhine at 601 . Additionally, I believe R.W. Scott was bound by the terms of the unsigned document . Because no Washington Case addresses this specific issue, I cannot guarantee an outcome favorable to the City if challenged in court ; however, under these facts and existing law, absent rejecting all bids, I believe awarding the contract to R.W. Scott remains the best alternative, especially in light of the established policy that the public will be best served if the City lets a contract to a responsible bidder at the best available price . _ If you have any *questions, please do not hesitate to call me at extension 7303 . bid.mem d _. R. W. SCOTT CONSTRUCTION CO. General Cnrltra( tors — 223-0J-RW-SC-0C-229-MU 9840 CARR ROAD,RENTON,WA 98055 PHONE: 226-4452 FAX: 277-9572 July6, 1995 COPY RECEIVED City of Kent 220 -4thAve. So. J1J1.- !' 19�� Kent,Wa. 98032-5895 [ pj� Kent City TIi LOl n el Attn: Tom Brubaker, City Attorney Subj: Kent Springs Water Transmission Main Repair Bid Dear Mr. Brubaker: It has been brought to our attention that a signature was missing from the Combined Affidavit& Certification Form contained in our bid proposal. This was indeed an oversight on our part. Our intent was clearly to furnish the signed document as part of the bid proposal since the notarization was already in place in preparation for the signature to be affixed. The signature of the President of the company appearing on the signature page of the proposal form indicated our intent to be bound by all of the provisions and requirements of the contract. The question raised by the protest of another bidder must be whether this missing signature Lives an advantage to R.W. Scott Construction Co. over any other bidder. We think not, in that the requirements of the contract documents when executed by the City and the Contractor incorporate the provisions of the Affidavit in question whether the document is signed or not prior to the bid. Award to R.W. Scott Construction Co. would not,then,provide any advantage legally or monetarily to R.W. Scott over any other bidder. On the other hand, award to the next lowest bidder would result in that bidder gaining the advantage of collecting over $70,000 more for the same contract work while the taxpayers of the City of Kent would be penalized over$70,000 by failing to take advantage of the lowest responsive responsible bid. R.W. Scott Construction Co. stands ready to provide performance and payment bonds and to perform all work in accordance with the conditions of the contract. We apologize for the oversight in our bid document, but we feel our intent was clearly to provide a complete bid and construct a complete project for the City. We ask that the City exercise their right to waive irregularities in bidding and award the contract to R.W. Scott Construction Co. Thank you for r con deration. Very T Yours; 44 SCOTT CONSTRUCTI N O. Dana Madsen, P.E.; Operations Manager FOR: NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER, MINIMUM WAGE AFFIDAVIT AND CERTIFICATION OF LAWFUL EMPLOYMENT KENT SPRINGS WATER TRANSMISSION MAIN REPAIR NAME OF PROJECT R. W. Scott Construction Co NAME OF BIDDER'S FIRM i R. W. Scott, President SIGNATU ' OF AUTIIOI ED REPRESENTATIVE OF BIDDER Subscribed and sworn to before me this 30 day of June 19 995 ram- Notary PUblicfCand for the State of Washington, residing at Pierce County CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT i B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES JUNE 28, 1995 COMMITTEE MEMBERS PRESENT: Jon Johnson-Committee Chair, Christi Houser, Leona Orr STAFF PRESENT: Jim Harris, Bob Hutchinson,May Miller, Brent McFall, Kelli O'Donnell,Margaret Porter MEMBERS OF THE PUBLIC: None The meeting was called to order at 9:33 a.m. by Chairperson Johnson. Approval of Vouchers: All claims for the period ending June 15, 1995, in the amount of$1,624,478.29 were approved for payment. Planning Department - Request for Secretarial Support Staff August through December 1995: Planning Director Jim Harris stated that he was asking for additional secretarial support. He explained that the requested position is authorized to be fill at the first of the year through the Meridian Annexation budget but he was asking to fill the position August 1st. Harris explained that the AFSCME contract limits temporary employees to five months which a current temporary has exceeded this limit. He stated that if hired as regular part time this position would be utilized for the prezoning and census of the Meridian Annexation. After discussion by the Committee, Committeemember Orr moved to recommend authorization for the Planning Department to hire a full-time Administrative Secretary 1 position budgeted for the Meridian Annexation beginning August 1995 utilizing $6,239 from the Planning Department budget and $9,447 from budget savings with the necessary budget changes. Plan Review Workload: Committeemember Houser explained to Chairman Johnson that this item was at the request of Committeemember Orr and herself from the last Operations Committee Meeting. Building Official Bob Hutchinson stated that he had summarized the information in the memorandum distributed with the agenda which shows that this position is needed to meet current plan review workloads. He explained that the proposal would try to eliminate or greatly reduce the permits contracted out for review. He recommended that the position slotted for the Meridian Annexation be added now and watched closely as we proceed with the annexation to assess if ftirther personnel are necessary. Houser added that$60,000 had been spent so far on contracting out permit review and Dan Ivanoff had come in to present this item at the last meeting and voiced his concern that the contractors often had different interpretations of the rules. During further discussion, Hutchinson noted that outside plans examiners cannot pull together issues from different departments. McFall added that an outside vendor is good for peaks but this appears to be a new plateau. Houser stated her feeling that it is important to gear up now before the annexation. Houser moved to recommend that the 1995 budget be amended to authorize the creation and filling of one additional plans examiner position immediately,with further analysis during the first quarter of 1996 to better assess plan review workloads and staff resource adequacy. "Jay Financial Report/Finance Forecast for 1996: Finance Division Director May Miller reviewed the May Financial Report with the Committee. On page one she noted that the overall cash picture is strong and that the general fund is down due to retroactive pay that was paid this year. During her review of the general fund expenditures on page nine, Miller stated that expenses were over budget in April and May which may be due to retroactive pay throwing off the trend and the early payment of the insurance program as well as the new teen program getting up and running. McFall added that department heads have been put on notice to watch expenditures. While reviewing sales tax revenue on page eleven, it was noted that sales tax was down partially due to a top ten vendor not turning in a payment which accounts for $30,000 of the shortage adding that this will be OPERATIONS COMMITTEE MINUTES, CONT. TITNE 28 1995 watched closely. On page fifteen the trend shows we are $91,851 over budget which supports the need - for a plans examiner, Miller stated, adding that this does not include the Regional Justice Center project. On page sixteen,Miller noted the RJC project was included which will be taken back out since it is exempt from property tax. Miller completed her review of the remaining financial report. Budget Calendar: May Miller distributed the proposed budget calendar noting that it was up to the Council how they wished to review the budget. In reviewing the calendar she noted the CFP workshop is scheduled for August 1 st with a public hearing with a tentative adoption date of August 15. Miller explained that there are more needs that dollars and the goal for adoption is September 1. In discussing the review of the proposed budget,McFall noted that it was up to the Council whether the Operations Committee would like to review it in detail and bring it forward to Council with a recommendation. Orr recommended that the Council President be consulted. Miller noted that the proposed budget calendar shows a August 15 workshop to review the baseline which is optional. During further discussion, Houser suggested the workshops be combined. Cable Channel: Orr asked to add an item, Johnson asked her to proceed. Orr stated that there had been an unfortunate problem with the cable channel on Saturday evening and praised Dea for her quick response in fixing it but asked if it was possible to provide a cable hook up to review programming prior to being aired. McFall stated that this is being looked at. Information Services Division Manager Spang noted that the Corrections facility staff has agreed to help in monitoring the station and a call up system for cable staff and backups to call to pull programming is being completed. I ohhyindSuhurhan Cities Updates: Houser asked to add an item also, Johnson approved. Houser asked for a report of who was being lobbied in Olympia. Orr agreed noting that she had only seen two or three reports. McFall responded that it could be added as a regular agenda item to routinely report to the Committee. Johnson stated that a written report would be fine and stated his concern that the City become more involved in Suburban Cities Association and that the Council be briefed on what was going on. Johnson added that Kent was becoming more of a regional player and will be forced into discussions on major issues. Houser asked for a report on Olympia stating who had been lobbied and what about. Chairman Johnson asked if there was any more business to be heard. There being none the meeting was adjourned at 10:22 a.m. Page 2 PARKS COMMITTEE MINUTES JULY 611995 Council Present: Christi Houser, Chair; Paul Mann Staff Present: Tom Brubaker, John Hodgson, Jim McDonald, Teri Stump Chairperson Houser called the meeting to order at 4:35 p.m. Councilmember Bennett was unable to attend. PARK SIGNAGE: John Hodgson discussed the need to replace park signs. Staff has met with sign experts with some options and whether to contract signs out or make them in-house. John asked for the committee's approval to hire a consultant to develop a plan that would standardize our signs throughout the City . There is 1995 CIP money to pay for a consultant and signs. John added that this might be considered for city-wide plan, especially with the upcoming annexation. Councilmember Mann and Chair Houser agreed that the signage should be consistent. PROGRAM/PROJECT UPDATES: John Hodgson distributed Parks and Recreation's current policy on re-naming parks and asked permission to follow up on this process. John has recently received inquiries as to changing certain park names either because the name does not clearly identify the area, or dedicating a park name to a deserving local citizen. The committee supported John in his request to research the process for changing park names. Youth/Teen Program: The Youth Conservation Team has 24 members and will be working in the field soon. Chair Houser asked how many will be working for the City year-round; John replied, 6-8 youth. Skateboard Park: Staff members and nine skateboard committee members went on a tour of local parks and will be reporting to the Parks Committee and City Council later this summer. Parks Development: The lights are on at West Fenwick and Glenn Nelson. Riverbend Golf Complex: The new miniature golf course continues to be very busy with lines extending out past the clubhouse. John Hodgson recently toured Chair Houser throughout the Kent parks system and will be touring Councilmembers Mann and Bennett to show them first-hand what an aging parks system we have. John is asking the committee for input as to the direction the department should take. Page 1 Parks Committee Meeting Minutes July 6, 1995 Page Two Councilmember Mann stated that he is not available for a tour until August. Chair asked about the driving range projects. John replied that the netting should be done Monday, July 10, and the turf arrived on July 5. She also asked why Riverbend charges more than other local golf courses. John replied that Riverbend is bigger than most local courses and is comparable to the more developed private courses in the area. She also asked when it will be complete; John said mid to late August. APPOINTMENT OF ARTIST FOR THE PUBLIC ART PARTICIPATION PROJECT: Jim McDonald reported that the Arts Commission decided to develop a program that incorporates the public and professional artists in a community project. In the form of a jury, Carolyn Law was chosen to fulfill this position. Carolyn has many years of experience as an artist and Art Project Manager on numerous professional projects. Carolyn has chosen "The River" as the theme for this community art project and the final pieces will be positioned at various locations on the Green River Trail. Carolyn's proposed art project will incorporate 1.) Photos from using pinhole cameras; 2.) Photograms and/or Cyanotypes, a method which involves using light sensitive paper exposed to the sun and processed in water. and 3.) Stories and words; which will be local citizens and the historical society sharing short phrases that finish a leading sentence, relating an experience, and/or telling a story from the past or present. Carolyn plans to take the words, edit them and incorporate them into the piece, in conjunction with the images. The results of these three mediums will be then translated into porcelain enamel steel tiles and located throughout the Trail; specifically at Briscoe Park, where the Trail meets; at Russell Road; and at Foster Park, where the Green River Trail and the Interurban Trail meet. The $21,000 budget from City Art Plan Ordinance funding and includes salary and materials. Jim McDonald asked the committee for authorization to appoint Carolyn Law as artist for the Public Art Participation Project. Councilmember Mann moved to accept, Chair Houser seconded. Councilmember Bennett was contacted by phone and voted his approval, making the vote was unanimous 3-0. ADDED ITEMS: There are 25 balloons lined up for the '95 Balloon Classic. Friday, July 7 starts the Summer Concert Series. The meeting adjourned at 5:00 p.m. Page 2 PUBLIC WORKS COMMITTEE JULY 10,1995 PRESENT: TIM CLARK TOM BRUBAKER JIM BENNETT GARY GILL DON WICKSTROM ABSENT: PAUL MANN Miscellaneous Project Funding Wickstrom explained that we have two signals (James & West Valley Highway and 228th & West Valley Highway) that have been malfunctioning. The problem has been traced to some wires in the cabinets. He said that when we rebuilt the intersections we tried to save money and retained the existing cabinets which are prewired cabinets. To fix the problem, we have ordered new cabinets at $10,000 each. Wickstrom further explained that we have two federally funded projects (Frager Road guardrail and the pedestrian signal installation at Central Ave & Pioneer, for which the local match has not been budgeted. The match is $10,200 (7,200 for Frager & 3,000 for the pedestrian signal.) Wickstrom said that there are funds remaining from the 259th & Central Ave signal project fund, ($10,136), the Green River Bridge at Central Ave project fund ($18,729 remaining) and the Frager Rd & 212th St. Channelization project fund ($1 ,335 remaining). Committee unanimously recommended establishing a signal cabinet replacement project fund in the amount of $20,000 and the transfer of the monies thereto, and also, to transfer $7,200 to the Frager Rd guardrail project and to transfer $3000 to the Central & Pioneer pedestrian signal project from the completed project funds as noted. Metricom Franchise Clark asked Brubaker what we would gain from this franchise. Brubaker said that we have a right to charge a franchise fee. However, any franchise fee we impose will be listed on the subscriber's bill as an additional charge. Brubaker stated that every subscriber to the Metricom network will get a monthly subscription fee plus a City of 1 Kent franchise fee as well as a utility tax. Brubaker said that in lieu of paying us for the power for these units, we asked Metricom for one free subscription for every 10 units installed. Metricom didn't feel comfortable with this idea. However they (Metricom) did suggest giving us, outside of the franchise, two trial subscriptions with two modems. In this way the City could experiment with it and see what needs we may have. Clark said that he would like language included in the franchise that if they sell, whatever is installed would revert back to the city. Brubaker said that Metricom wouldn't go for that. Clark reiterated that if they change the name the City begins all over again with negotiations. Upon the City Attorney further negotiating with Metricom regarding transfer of ownership language and, after researching what types of franchise fees are charged elsewhere and implementing that structure, Committee concurred with placing this franchise ordinance on the next Council agenda for the second reading and adoption. ADDED ITEM: Inter-City Bus System (Bennett) Bennett wanted to clarify that we do have $200,000 in a fund for an inter-city bus system. Wickstrom noted that this was previously approved by Council. Bennett suggested leasing the service rather than contracting a bus service. Wickstrom said that part of the money we have is to match our grant with METRO. Brubaker stated that in the preparation of the contract and/or lease, it is important that they are heavily insured, and the other problem to solve is whether to lease or contract. Brubaker is waiting for direction on this. Meeting adjourned: 5:10 p.m. 2