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Home My WebLink AboutCity Council Meeting - Council - Agenda - 09/15/1998 MENN City of Kent Cit Cou ncm i Meeti ng v Agenda CITY OF Mayor Jim White Councilmembers Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling September 15, 1998 Office of the city clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING September 15, 1998 Council Chambers 7 : 00 p.m. MAYOR: Jim White C'OUNCTLMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Connie Epperly Rico Yingling Tim Clark Judy Woods CALL TO ORDER FLAG SALUTE ROLL CALL 1 . PUBLIC COMMUNICATIONS A. Proclamation - Day of Caring B. Proclamation - Day of Concern for the Hungry C. Proclamation - Constitution Week D. Presentation - 1998 WCMA Award for Excellence 2 . PUBLIC HEARINGS A. 32nd Avenue South Street Vacation 3 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Jail Services Contract Renewal , City of Des Moines - n Approval D. Counterfeit or False Trademarks - Emergency Ordinance 3�i9 E. Compensation of Council Members - Ordinance 342-01 F. Raschke Short Plat - Bill of Sale G. Wellington Townhomes, Phase One - Bill of Sale H. Green River Nursery Classroom/Office Workroom - Accept as Complete I . 6th Avenue North Improvements - Accept as Complete /�►^�p J. Interurban Trail Signals - Acceptance of Amendment UV K. Real Estate Excise Tax - Corrective Ordinance -S 42,1) 4 . OTHER BUSI NESS� Tc>-x A. 1'4ei2e � , Cta itiy�i:�-,�sa��s� � <:JrJ �ttti:.t i rti,D-mom 5 . BIDS A. 125, 000 Gallon Water Tank Improvements B. S . 200th St . Improvements - Orillia to Green River C . Senior Center Exterior Painting 6 . CONTINUED COMMUNICATIONS 7 . REPORTS 8 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent(253)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) Proclamation - Day of Caring B) Proclamation - Day of Concern for the Hungry C) Proclamation - Constitution Week D) Presentation - 1998 WCMA Award for Excellence . .... ......... . . Kent City Council Meeting Date September 15 1998 Category Public Hearings 1 . SUBJECT: 32ND AVENUE SOUTH STREET VACATION STV-98-2 2 . SUMMARY STATEMENT: Resolution No. 1510 established September 15 , 1998 , as the public hearing date for the application by Doug and Ronda Mitch to vacate a portion of 32nd Avenue S . right of way located east of 30th Avenue S . 3 . EXHIBITS : Staff report and map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : OPEN HEARING: PUBLIC INPUT : CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmembermoves, Councilmember seconds to approve the Planning Director' s recom- mendation of approval with conditions of the application to vacate a portion of 32nd Avenue S . right of way east of 30th Avenue S . , as referenced in Resolution No. 1510 ; and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval . DISCUSSION: ACTION: �YL� Council Agenda Item No. 2A CITY Of 12-OLAM Jim White, Mayor James P. Harris, Planning Director KENT PLANNING DEPARTMENT September 10, 1998 MEMO TO: Mayor Jim White and City Council Members FROM: James P. Harris, Planning Director SUBJECT: Report and Recommendation on an application to vacate a portion of 32nd Avenue South - STV -98-2 RECOMMENDATION: APPROVAL WITH CONDITIONS I. Name of Applicant Doug and Ronda Mitch P.O. Box 98866 Des Moines, WA 98198 (206) 824-7012 II. Reason for Requesting, Vacation The applicant states that, "The subject area has never been utilized for street Right-of-Way, and has always been maintained by the adjacent private property owners. Recently, the area has become a popular campsite for vagrants, presenting health and safety hazards. Vacation is sought so that the property can be put to better beneficial use, and so security measures can be implemented by the adjacent owners." III. Staff Recommendation After reviewing comments from the following departments and agencies: . Public Works . Puget Sound Energy . Parks . King County, Metro Transit . Fire Division . Police and conducting our own review, the Planning Department recommends that the request to vacate a portion of 32nd Avenue South as mentioned in Resolution 1510 and shown on the accompanying map, be APPROVED with the following conditions: 2204th AVENUE SOUTH / KENT.WASHINGTON 9803'-5895 i TELEPHONE (253)dig-33U0 Memo To: Mayor Jim White and City Council Members Date: September 10, 1998 Page 2 1. The City of Kent shall be compensated for the value of the right-of-way in accordance with applicable state law; and 2. The City of Kent shall retain the right to grant utility easement(s)to any public and/or private utility which presently has facilities within the right-of-way proposed to be vacated. U:\USERDATA\CHRIS\stv982m.doc PROPOSED STREET VACATION STV 98-2 PART OF 32°d AVENUE SOUTH ■1_ ,f-� ' _ ■ AREA TO BE VACATED LIN i _ COO,) Q I AREA TO BE VACATED C�D F+T1 L� dC f 3 > = RESOLUTION NO. S 0 RECEIVED AUG 12 1998 A RESOLUTION of the City of Kent, Pl O ING DE'PARTAAI EN' Washington, regarding the vacation of a portion of 32nd Avenue South, a dedicated, unopened street, south of its terminus at the 1-5/Kent—Des Moines Road interchange, and setting the public hearing on the proposed street vacation for September 15, 1998. WHEREAS, a petition, attached as Exhibit A, has been filed by various property owners to vacate a portion of 32nd Avenue South, a dedicated, unopened street south of its terminus at the I-5/Kent—Des Moines Road interchange, in the City of Kent, King County, Washington; and WHEREAS, these property owners own at least two-thirds of the property abutting that portion of 32nd Avenue South that is now being sought to be vacated; and WHEREAS, the petition is in all respects proper; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of 32nd Avenue South shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, September 15, 1998, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Chapter 35.79 RCW. 1 SECTIONS. The Planning Director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on September 15, 1998. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of ��L_, 1998. Concurred in by the Mayor of the City of Kent, this -day of 1998. cl'�' k - J WHI E, AYOR ATTEST: 12:i�� ,� a_C�� BRENDA JACOB , C Y CLERK APPROVED AS ORM: RO ER A. LUBOVICH, CITY ATT Y I hereby certify that this is a true and correct copy of Resolution No. 1510 passed by the City Council of the City of Kent, Washington, the day of_dcLa . 1998. BRENDA JACOBE C TY CLERK P:V AWUlE50LUlTSNACMs.FES.doe 2 r - Y' yy��yy��11 �1 cTly or 00 JS pn COPY RECEIVED I, I h 3 fl Kent City 1�ttome 'CITY of-- - I,r>1r •V-SVI C"'y CLERIC MAIL TO: APPLICANT: Doug and Ronda Mitch CITY OF KENT NAME: Property Management Address: FO Box 98866 220 So. 4th Ave. Kent, WA 98032 Des Moines, WA 98198 Attn: Phone: (206) 824-7012 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council : We, the undersigned abutting property owners, hereby respectfully request that certain portions of the hereby be vacated. (General Location) j 32nd Ave. South Right of Way. Legal description (Must Contain Total Square Feet of Area Sought To Be Vacated) That portion of the 32nd Ave. South Right of Way lying northerly of the Southwest property corner of Lot 1 of Richards Ify-Line Acres, and southerly of the Northeast property corner of Lot 5, Block 4 of Federal- Highway Addition, located in Sec. 15 & Sec. 16, T22N, R4E, W.M. , containing approx. 13,000 SF. BRIEF STATEMENT WHY VACATION IS BEING SOUGHT The subject area has never been utilized for street Right-of-Way, and has always been maintained by the adjacent private property owners. Recently, the area has become a popular campsite for vagrants, presenting health and safety hazards. Vacation is sought so that the property can be put to better beneficial use, and so security measures can be implemented by the adjacent owners. Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual 's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" - 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT 1 SIGNA 'U S AND ADDRESSES LOT, BLOCK & PLAT/SEC. T1411. RG Doug Hitch 2500600411 G` —30th Ave, South H 40' Tnr 5 Rlk4 FedPraT HW Add J rk Walsh S. 60', 2or 5, J9 4, Federal Hwy Add. _�Orh A Ethel Duff 2 5006004115 plc Pm. 14?q-lnrh Ave_ Snurh N. 1001 , E 100', Lot 6, Blk 4, Federal Hwy Add �' thel Duff �7chards Hy � � _ Lot 2, Richards Hy - Line Acres � i0 Worlds Greatest Book;.. Richards H5 ��6CA.t 294 -l7nd Avo_ Snn rh Lot 1, Richards Hy - Line Acres $150.00 Fee Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt Ito. Land value Paid Treasurer's Receipt No. Deed Accepted Date Trade Accepted Date 5224.33A r s _. ___..____......�.�.,ee mur. nnu•w.111110PERAT1nNS 12oJ1159439S/FAY E159J7S� ............. CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through K be approved. Discussion Action 3A. Approval of Minutes . Approval of the minutes of the regular Council meeting of September 1 , 1998 . 3B . Approval of Bills . Approval of payment of the bills received through August 31 and paid on August 31, after auditing by the Operations Committee on September 1 , 1998 . Approval of checks issued for vouchers : Date Check Numbers Amount 8/31/98 204953-205186 $ 278 , 998 . 58 8/31/98 205187-205649 2 , 284 , 625 . 06 $2 , 563 , 623 . 64 A.pDroval of checks issued for payroll for August 16 through August 31 and paid on September 4 , 1998 : Date Check Numbers Amount 9/4/98 Checks 230057-230395 $ 270 , 446 . 44 9/4/98 Advices 69776-70339 758 , 664 . 17 $1, 029, 110 . 61 Council Agenda Item No. 3 A-B Kent, Washington September 1 , 1998 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White . Present : Councilmembers Amodt, Brotherton, Clark, Epperly, Orr, Woods and Yingling, Operations Director/Chief of Staff McFall , City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Public Works Director Wickstrom, Planning Manager Satterstrom, Parks Director Hodgson, Employee Services Director Viseth and Finance Director Miller. Approximately 30 people were in attendance . PUBLIC Ltmloyee of the Month. Mayor White announced COMMUNICATIONS that Lillian Hernandez, Police Evidence Custodian, has been selected as Employee of the Month for September. Chief Crawford stated that Ms . Hernandez is an exceptional employee, and that she contributed to the national accredita- tion received several years ago . He added that she is highly respected by all employees and supervisors in the City. Mayor White congratu- lated her and presented her with the Employee of the Month plaque . Ms . Hernandez explained that employees are nominated by their co-workers, and said it is an honor to receive this award since it indicates that they appreciate her efforts . She said she recognizes and appreciates the efforts of her co-workers as well . CONSENT ORR MOVED that Consent Calendar Items A through E CALENDAR be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of August 18 , 1998 . COMMUNITY (PUBLIC HEARINGS - ITEM 2A) DEVELOPMENT 1999 Community Development Block Grant Program, BLOCK GRANT This date has been set to consider the 1999 PROGRAM proposed Community Development Block Grant program. Carolyn Sundvall of the Planning Department explained that there are three categories, and outlined the recommended pro- jects, funding and contingency plans as follows, 1 Kent City Council Minutes September 1 , 1998 COMMUNITY noting that the dollar amounts are estimates and DEVELOPMENT are subject to change : BLOCK GRANT PROGRAM PROPOSED 1999 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM Estimated 1999 Capital Funds: (Includes 1998 Easter $495,668 Seals funding of$18,989) Estimated 1999 Planning&Administration Funds 76,408 Estimated 1999 Public (Human) Service Funds 87,280 Total CDBG Funds $659,356 Capital Applications Recommended City of Kent Home Repair Program $258,155 City of Kent Parks & Recreation: Turnkey Park, ADA 41,000 City of Kent Parks & Recreation: Kiwanis Tot Lot, ADA 11,000 Catholic Community Services: Rehab 30,000 Children's Home Society: New Construction 25,000 Habitat for Humanity of S King County 15,000 South King County Multi Service Center: Victorian 10,000 Place /l South King County Multi Service Center: Morton 5,000 Houses Children's Therapy Center: Rehab 19,982 Ruth Dykeman Children's Center: New Construction 10,000 HomeSight: Revolving Loan Fund 50,000 Kent Youth & Family Services: ADA 0 Residence XII: New Construction 0 Parkview Group Homes: Acquisition 20,531 Total Capital $495,668 Public (Human) Service Applications Recommended Community Health Centers: Primary Medical $23,635 Community Health Centers: Natural Medicine 10,732 Elder Health Northwest: Connection Adult Day Care 6,150 YWCA: Domestic Violence Housing 35,400 Emergency Feeding Program 11,363 Valley Cities: Homeless Access 0 Total Public(Human) Service $87,280 Planning &Administration $76,408 2 Kent City Council Minutes September 1, 1998 COMMUNITY 1999 Human Service Contingency Plan: If the City of Kent receives an DEVELOPMENT increase in public service dollars, the increase will be divided equally between BLOCK GRANT Community Health Centers, Primary Medical and Community Health Centers. Natural Medicine Clinic, to not exceed their requested amounts. If the City of PROGRAM Kent receives a decrease in public service dollars, the decrease will be split proportionately between all agencies, with no agency decreased below the minimum funding requirement of$5,000. 1999 Capital Contingency Plan: If there is an increase in the Capital estimate, the increase will be split evenly between Catholic Community Services, Children's Home Society, Ruth Dykeman and Parkview Group Homes, up to their requested amounts. If there is a decrease in the Capital estimate, then the decrease will be split evenly between Catholic Community Services, Children's Home Society and Parkview Group Homes. Upon Yingling ' s request , Sundvall explained for citizens that Community Development Block Grants are Federal funds that are administered through King County, and that the City can use those funds under certain guidelines . She explained that there is an application process for the funds . Mayor White opened the public hearing. There were no comments from the audience and ORR MOVED to close the public hearing. Woods seconded and the motion carried. CLARK MOVED to cancel the 1998 Easter Seal Program and reallocate the $18 , 989 to the total 1999 pass-through allocation, and further to approve the proposed 1999 Community Development Block Grant Program, including its contingency plan. Brotherton seconded and the motion carried. Orr thanked the Human Services Commission for their efforts in reviewing the applications and making recommendations . PLAT (OTHER BUSINESS - ITEM 4A) Four R; dae Addition No. 1 Final Plat. This date has been set for a public meeting to consider the final plat application submitted by DMP, Inc . , for the Fox Ridge Addition #1 Final Plat FSU-96-14 . The City Council approved the preliminary plat with conditions on November 18 , 1997 . 3 Kent City Council Minutes September 1, 1998 PLAT CLARK MOVED to approve the staff ' s recommendation of approval with conditions of the Fox Ridge Final Plat and authorize the Mayor to sign the final plat mylar. Brotherton seconded and the motion carried. COMPREHENSIVE (OTHER BUSINESS - ITEM 4C) PLAN (ADDED BY COUNCILMEMBER CLARK) Emergency Comprehensive Plan Amendment. Planning Manager Satterstrom explained that in July the Council referred the issue of mixed use zoning to the Land Use and Planning Board for recommenda- tions concerning the growth of multiple-family housing. He noted that this was addressed at the last Land Use and Planning Board workshop and explained that if there are changes in zoning which would conflict with the Comprehensive Plan, the proposed resolution would empower the Land Use and Planning Board to recommend a plan amendment to the City Council . CLARK MOVED to adopt Resolution No. 1513 declaring an emergency for a Comprehensive Plan Amendment relating to mixed use development in General Commercial zones . Woods seconded. Clark clarified that this resolution simply sets the process in gear for allowing the Land Use and Planning Board to deal with the issue, and pointed out that it does not deal with a large area of land. Satterstrom noted that the Land Use and Planning Board will hold a hearing in September and that this will then come back to Council . Clark' s motion then carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3D) Kent-Clark springs Emergency Power Addition. ACCEPT the Kent/Clark Springs Emergency Power Addition contract as complete and release of retainage to CTS Northwest, Inc. upon standard releases from the State and, release of any liens, as recommended by the Public Works 4 Kent City Council Minutes September 1, 1998 PUBLIC WORKS Director. The original contract amount was $103 , 816 . 17 . The . final construction cost was $109 , 767 . 19 . TRAFFIC (OTHER BUSINESS - ITEM 4D) CONTROL Chestnut Ridge Speed Bumps. Diana Woodward, 9623 S . 203rd Street, noted that on August 24 , the Traffic Engineering Department put down five clusters of three temporary speed bumps in Chestnut Ridge . She displayed photos of the clusters and of people driving on sidewalks and lawns to avoid the speed bumps . She noted that this is dangerous for children using the sidewalks to walk to school . Woodward said that there are three problems in the neighborhood: rounded curbs, the volume of cars and a long light at S . 208th and Benson Highway, and wide streets . She said square curbs are required for use with speed bumps and that concrete barriers are not acceptable . She said her concern is to slow the traffic and to eliminate the noise. Woodward stated that some of the speed bumps were removed today and that the bumps which were removed are now sitting on the curb line . She agreed to leave the photo- graphs so that they can be turned over to the Police Department . Orr noted that she has witnessed numerous cars driving on the sidewalks and lawns in Chestnut Ridge and agreed that the situation is dangerous . She also agreed that permanent speed bumps will not work with rolled curbs and said something has to be done . Brotherton explained that the homeowners in the area had come to the Public Safety Committee and asked for speed bumps or something else on 203rd before the start of school . He noted that Public Works studied the issue to determine what measures could be put in place by then and that the speed bumps were temporary until a safe and effective means of speed control could be 5 Kent City Council Minutes September 1, 1998 TRAFFIC designed and put in place . He added that CONTROL although no one liked the bumps, they were effective . He said that a study is being done to find the best way to control speed. Wickstrom explained that Public Works had received a faxed letter from the president of the homeowners association saying that they had voted to have certain speed bumps removed, which was then done . Epperly said that the residents are open to different types of speed control and that she would like to work with them to try different methods . Brotherton agreed that the citizens are eager to work with the city, and advocated community meetings to discuss alternates and receive input . Wickstrom noted that the City will attend an upcoming neighborhood meeting . Howard Woodward, 9623 S . 203rd, thanked Epperly and Brotherton for their efforts, and said it was his understanding that there would be time to get public input before speed bumps were in-stalled. He added that the bumps were installed without anyone ' s knowledge, discussion or approval . He also said the president of the homeowners association did not say the speed bumps had to be installed right away. He noted that the bumps cause a great deal of noise and that he had suggested other ways of controlling speed. He said that traffic counters were installed in the area but were ripped out before any data was collected. He also voiced concern about safety, noting that a pumper truck had trouble getting over the speed bumps . He expressed a desire to work with the City on this issue . McFall noted that a Neighborhood Traffic Specialist was recently hired and assured the Council and residents that the problem will be addressed. Yingling recommended that in order to avoid confusion, suggestions from the neighborhood be in writing, and Amodt advised 6 Kent City Council Minutes September 1, 1998 TRAFFIC residents to come to a consensus and make CONTROL communications clear. SOLID WASTE (CONSENT CALENDAR - ITEM 3E) KKincr County Solid Waste Negotiations AUTHORIZATION for the Mayor to designate and confirm the Suburban Cities Association as Kent ' s representative in Solid Waste Interlocal Agreement negotiations with King County to the extent of the City' s contract interest under existing agreements with King County, as recom- mended by the Parks Committee . This designation, however, is subject to the specific reservation that the City may, at its sole option, choose at any time to negotiate separately with King County, should it serve the best interests of Kent ' s citizens . PARKS AND (CONSENT CALENDAR - ITEM 3C) RECREATION King County Community Services Grant. ACCEPTANCE of a community services grant from King County and authorization to amend the budget for same . The Youth/Teen Program recently received a mini- grant in the amount of $200 from King County Community Services Division of the Department of Community and Human Services . The funds will be used to promote leadership for youth through a project called "TIME Advisory/PEP. " (OTHER BUSINESS - ITEM 43) 1/4% Real Estate Excise Tax, The City of Kent has authority under State law to levy a second 1/4% Real Estate Excise Tax (REET) on the sale of property in the City. If levied, the total REET for the City would be 1/2% . The REET can only be used for capital projects as specified in State law. It is proposed that Kent use the second REET for the funding of park development projects . McFall explained that this is one of two options discussed as a funding option for park develop- ment, the other being to approach voters for a voter-approved bond issue in which voters would 7 Kent City Council Minutes September 1 , 1998 PARKS AND authorize an excess property tax levy to go RECREATION against the principle and interest payments of those bonds . He noted that this has been reviewed by Council and has been presented to the Operations Committee, whose recommendation is to adopt the ordinance levying the 1/4% real estate excise tax. He explained that the tax would generate approximately $1 , 000 , 000 per year, although it is a volatile source since it depends on property sales which can change . He added that over time, the trend line on real estate excise taxes is consistent and allows for reason- able planning for the funding of projects . He stated that interest costs on borrowing can be avoided by the tax, as well as the election costs required by a bond issue . He noted that staff recommends adoption of the proposed ordinance levying the tax. Upon Yingling' s question, McFall explained that a bond issue would be levied against all properties in the city over time, whereas the real estate excise tax is only collected against properties at the time of sale, making it difficult to determine which is less costly for citizens . He reiterated that interest rates for the bond issue would not be incurred if the tax were levied, but that from an individual standpoint, it depends on when property changes hands . WOODS MOVED to adopt Ordinance No . 3418 levying the second 1/4% Real Estate Excise Tax. Brotherton seconded. Woods noted that other opportunities for develop- ing parks have been exhausted, and that the real estate excise tax had been considered as a source for years . She said that if General Fund money were used for parks, public safety and other elements would be affected. She added that grants are no longer as readily available due to demands from new cities for parks . She expressed concern that already acquired properties could not be developed without a secured funding 8 Kent City Council Minutes September 1, 1998 PARKS AND source . She noted that the Kiwanis Club has RECREATION provided wonderful volunteer support in develop- ing parks , but that large amounts of money are needed. She urged the Council to adopt the ordinance . AMODT OFFERED A FRIENDLY AMENDMENT that the Real Estate Excise Tax go before the voters in November as a voted-approved bond issue . The motion died for lack of a second. Sam Pace, Association of Realtors , 12015 115th Avenue NE, Kirkland, voiced opposition to this funding mechanism, and outlined his concerns as follows : 1 . Spending REET dollars here may jeopardize the ability to fund other critical infrastructure . 2 . This proposal shifts current funding away from parks and toward other expenditures which may or may not be legally fundable with REET. 3 . This is a 100% tax increase with regard to the City' s portion of the real estate excise tax. 4 . Sellers will be required to pay more than an extra years worth of property taxes . 5 . The law prohibits the expenditure of these funds for park acquisition but the Clark Lake and Meridian Valley annexations are short of being fully funded without REET revenues and the proposal did not identify a legal non- REET source for the shortfall . 6 . This tax hits only families that sell homes but everyone uses parks; the funding should be more broadly based. 7 . The cumulative effect of multiple tax increases is disconcerting. He concluded by saying that this proposal prompts substantial concern. Steve Hoyt, 27414 126th Place S .E . , noted that during their campaigns, many of the elected officials pledged to hold down taxes . He said 9 Kent City Council Minutes September 1, 1998 PARKS AND the City should find the financing in the present RECREATION budget rather than increasing taxes . Jim Flick, 9408 S . 218th St . , noted that there is no sunset clause and spoke in favor of a ballot issue . He stated that 50% of the residences in Kent are apartments and that apartment dwellers will not have to pay anything while owners of single family residences will pay 100% . Jim Johnson, 26027 Woodland Way South, said he feels there is sufficient funding at this time . He stated that children need parks, although he does not like the way some of them act in the middle of the night at the park in his neighborhood. He voiced opposition to the tax and said he is in favor of putting the issue on the ballot . Bill Young, 1005 E . Guiberson, said he is opposed to the tax and suggested using volunteers and fund-raisers to build parks . Wayne Thuringer, 858 1st Avenue North, stated that the real estate excise tax is not imposed until the property sells, and therefore it is not a property tax increase . He noted that if this were submitted to a vote in November, the cost of retiring bonds would be twice as much over the life of the bonds as the original amount they were issued for. He spoke in favor of taking steps to ensure a predictable amount of money coming in and going out , and urged the Council to support the proposal . Aaron Stafford, 25614 98th Place South, noted housing prices are already high and this tax would make them higher. He pointed out that apartment rents would be raised, and noted that Boy Scouts working toward earning a badge could help improve parks . Jo Ladd, 26121 Woodland Way South, said she is impressed with the City' s investment in parks and said all need to contribute to the standard of living for everyone . She urged the Council to support the proposal . Barbara Ivanov, Executive Director of the Kent Chamber of Commerce, stated 10 Kent City Council Minutes September 1 , 1998 PARKS AND that she appreciates the careful consideration RECREATION given to this issue by the Mayor, Council and Parks Director. She noted that the Chamber Board voted to support the increase in the real estate excise tax because there is great value in parks in the community and because it is legally avail- able . Rod Saalfeld, 724 W. Smith, pointed out that the Rotary Club and the Lions Club have given over $100 , 000 to the Parks Department in money and labor. He said that parks must con- tinue to be developed, and that this proposal is the easiest and most inexpensive way to do it . Jim Flick, 9408 S . 218th Street , said the amount of money would be predictable each year with a bond and that the real estate excise tax could result in even more taxes . AMODT OFFERED A FRIENDLY AMENDMENT that the real estate excise tax go before the citizens in November as a voter-approved bond issue . Woods did not accept the amendment . McFall explained that either a bond issue could go to the voters, or the question of adoption of a real estate excise tax could go to the voters as an advisory election but that it would be non- binding. AMODT MADE A SUBSTITUTE MOTION to put the real estate excise tax on an advisory vote in November. Lubovich noted that this would be a completely different financing mechanism. Epperly seconded Amodt ' s motion. McFall clarified for Orr that the voters cannot make the decision on the real estate excise tax, but that the Council could abide by the voters decision if they so desire . Epperly spoke in support of Amodt ' s motion. Orr agreed and said it is important to hear from the voters on this issue . Yingling stated that he is opposed to passing this issue to the voters, as it is the duty of elected officials to make 11 Kent City Council Minutes September 1, 1998 PARKS AND decisions . Epperly and Orr said they are not RECREATION shirking their responsibilities by asking the voters what they think. Clark voiced opposition to the substitute motion, and said that this proposal is basically a long term investment that improves the value of property. He pointed out that the Growth Management Act was passed by the voters and that it obligates local government to establish levels of services, including parks . Orr noted that the levels of service can be adjusted. Brotherton spoke in favor of the Woods ' original motion to levy the second 1/4% tax and agreed with Yingling that the Council should make the decision. Amodt said that there has been more citizen representation tonight than business representa- tion, and that the citizens are not listened to by Council . Her motion to put the issue before the voters then failed with Amodt, Epperly and Orr in favor, and Brotherton, Clark, Woods and Yingling opposed. Upon Yingling ' s request, Parks Director Hodgson noted that it is time to develop the parks property that has already been acquired. He stated that 12 , 000 kids participate in the sports programs and that baseball games must be limited to 45 minutes so that everyone can play, and added that the four athletic fields at Borden Park may be lost some day. Hodgson explained that in the last five years the City has had $565, 000 in volunteer help, support and dona- tions, and that Eagle Scouts volunteer every quarter. He stated that parks contribute to physical health, the social aspect, the economic value, and the environment . In response to a comment made earlier by a citizen regarding young people in the parks at night, Hodgson clarified for Yingling that vandalism at parks has dropped by 95% since giving people ownership . He empha- sized that parks development should not stop because a very small percentage of people cause _. damage . He noted for Orr that part of a survey authorized earlier this year has been completed. 12 Kent City Council Minutes September 1, 1998 PARKS AND Brotherton pointed out that this tax has been RECREATION earmarked for parks construction, and that if bonds were used the cost would double and all citizens would be affected. He reiterated that the tax only applies to the sale of properties . He noted that real estate prices have gone up tremendously in this area, some of which is due to the amenities, and that the tax is much lower than the profit from the sale . He said that the many people moving to this area demand parks , and pointed out that people who don' t sell their homes will not pay anything and will get the benefit of the parks . Brotherton added that he would like to use funds from some other source to add police and fire staff . Amodt stated that the City does not need to levy this tax just because it is allowed, that Kent already has excellent parks, and that the City is in good financial condition. The motion to adopt Ordinance 3418 then carried with Brotherton, Clark, Woods and Yingling in favor, and Amodt, Epperly and Orr opposed. (BIDS - ITEM 5A) Kent Memorial Park Light Pole Replacement The bid opening for the Memorial Park Light Pole Replacement Project was held on August 27th with two bids received. The low bid was submitted by Golf Landscaping Inc . , in the amount of $49, 491 . The Engineer ' s estimate was $45 , 000 . WOODS MOVED that the Kent Memorial Park Light Pole Replacement Project be awarded to Golf Landscaping, Inc . for the bid amount of $49, 491 . Epperly seconded and the motion carried. (BIDS - ITEM 5B) Greater Kent Historical Society Museum Parking Lot• Parks Director Hodgson noted that the bid opening was held on August 31 with three bids w received. He stated that the low bid was sub- mitted by Shear Transport , Inc . in the amount of $56, 400 and recommended going forward with the 13 Kent City Council Minutes September 1, 1998 PARKS AND project . WOODS MOVED to authorize entering RECREATION into an agreement with the low bidder, Shear Transport, in the amount of $56, 400 for the Kent Greater Historical Society Museum Parking Lot Project . Epperly seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) A22roval of Bills . APPROVAL of payment of the bills received through August 15 and paid on August 15 , after auditing by the Operations Committee on September 1, 1998 . Approval of checks issued for vouchers : Date Check Numbers Amount 8/15/98 204227-204493 $ 650, 523 . 82 8/15/98 204496-204952 2 , 541 , 935 . 43 $3 , 192 , 459 . 25 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20 , 1998 : Date Check Numbers Amount 8/20/98 Checks 229701-230056 $ 288 , 323 . 23 8/20/98 Advices 69225-69775 774 , 463 . 10 $1, 062 , 786 . 33 REPORTS Council President. Orr reminded Councilmembers to make reservations for the Suburban Cities Association dinner in North Bend on September 9th as soon as possible. Orr asked that traffic safety issues be added to the Public Safety Committee agenda. She cited examples of drivers and skaters running red lights, and of drivers blocking intersections . Qperations Conmiittee. Woods noted that the next meeting will be September 15 at 3 : 30 p .m. Public Safety Committee, Epperly noted that the next Committee meeting will be held at 5 : 00 on September 8 and will include traffic issues . 14 Kent City Council Minutes September 1 , 1998 REPORTS Public Works and Plannina Committee. Clark noted that due to the Labor Day holiday, the committee will meet on September 14 and 21 at 3 : 30 p.m. EXECUTIVE At 8 : 55 p.m. , McFall reminded Councilmembers of SESSION an executive session of approximately fifteen minutes regarding labor negotiations . The meeting reconvened at 9 : 10 p.m. EMPLOYEE Labor Negotiations - AFSCME. WOODS MOVED that SERVICES Council authorize the Mayor to sign a three-year labor agreement with AFSCME Local 2617 , effective January 1 , 1998 to December 31, 2000 . Epperly seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9 : 11 p.m. Brenda Jac b a�.CMC City Clerk 15 ,.. ..........,. Kent City Council Meeting Date September 15 , 1998 Category Consent Calendar 1 . SUBJECT: JAIL SERVICES CONTRACT RENEWAL, CITY OF DES MOINES - APPROVAL 2 . SUMMARY STATEMENT: Renewal of the contract for jail services with the City of Des Moines, as recommended by the Public Safety Committee . This is a standard outside agency contract , which will take effect September 1998 , and shall supersede and terminate any other facility use agreement or contract existing between the City of Kent and the City of Des Moines . This contract shall be in effect through 1998 and automatically renew from year to year unless other modified or terminated as provided in the contract . This contract may be terminated upon 60 days written notice from the party desiring termination. 3 . EXHIBITS: Contract 4 . RECOMMENDED BY: gaff and Public Safety Committee 9/8/98 (3-0) (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 CONTRACT FOR JAIL SERVICES In accordance with the Interlocal Cooperation Act (RCW Chapter 39 . 34) and the City and County Jails Act (RCW Chapter 70 . 48 , as amended) , the City of Kent, Washington, a municipal corporation, hereinafter referred to as "City of Kent " , and the City of Des Moines municipal corporation of the State of Washington, hereinafter referred to as "Purchaser" , hereby agree to enter into this service contract as follows : I . DEFINITIONS Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this contract . A. "Kent Corrections Facility" means a place, owned and operated by the City of Kent primarily designed, staffed, and used for the housing of adults charged with a criminal offense; for the punishment and correction of offenders after conviction of a criminal offense; or for confinement and/or holding during a criminal investigation of a civil detention to enforce a court order. As of the date of the execution of this agreement, "Facility" includes the City of Kent Corrections Facility, at 1230 Central Ave . So . , Kent, Washington, operated by the City of Kent w- pursuant to this contract . B. "Prisoner" means a person held when a charge of Purchaser municipal corporation is the principal basis for confining that person (e .g . , the person is confined by reason of an ordinance violation - pre-trial or post-trial) . It includes, but is not limited to, (a) a prisoner arrested by and booked on behalf of a police officer of Purchaser by reason of an "open charge" or investigation of a felony; or a prisoner detained for Purchaser after a City of Kent "hold" has been released; (b) it includes an individual arrested by a police officer of Purchaser and booked and housed in the Kent Corrections Facility. II . JAIL AND HEALTH SERVICES The City of Kent shall accept for confinement and/or holding in the Facility those persons who are prisoners as defined in Article I and shall furnish Purchaser with the Facility, booking, and custodial services, and personnel for the confinement of Purchaser' s prisoners at least equal to those provided by the City of Kent for confinement of its own prisoners . The services provided herein shall include basic medical care, as defined by Washington State Custodial Care Standards (W.A.C. #289-20) except hospitalization, prescriptions, surgical and dental care which Purchaser agrees to bear. The City of Kent shall furnish to the Purchaser all Facility medical and health care services required to be provided pursuant to Federal or State law and regulations promulgated thereto . III . COMPENSATION Purchaser will pay the City of Kent a maintenance charge as follows : A. City of Kent hereby authorizes the use to Purchaser for the confinement and/or holding of persons booked and held by the Kent Corrections Facility (KCF) , subject to available space and facilities as may be determined solely by City of Kent . It is acknowledged and agreed that access to KCF is on a nonexclusive space available basis and further that the City of Kent is contracting with and retains the right to contract with other cities for similar access to KCF during the term of this contract . B . The City of Des Moines agrees to pay to the City of Kent the sum of $58 per day per prisoner per 24-hour period calculated from initial booking time, (or any portion of a 24-hour period) . Payment of housing costs will be' made promptly and to the City of Kent within 30 days after the monthly statement is received. If any of your inmates , over the guaranteed minimum, are being held for other jurisdictions then the cost to house them will be shared equally. C. Purchaer agrees to pay to City of Kent the sum of Seventten Dolars ($17) per day for Electronic Home Detention and Twenty-two Dollars ($22) per day for Work Release if Prisoners is unable to pay. In addition, Purchaser agrees to pay to City of Kent the sum of Twenty-five Dollars ($25) for the application fee if Prisoner is unable to pay. D . Payment of these costs will be made promptly and to the City of Kent within 30 days after the monthly statement is received. E. Each party may examine the other' s books and records to verify charges . If an examination reveals an improper charge, the amount shall be applied on the next month' s and subsequent month' s statements until the credit has been exhausted. This is provided that any unused credit which exists at the time of the termination of this contract shall be refunded within 20 days of the date of termination. IV. TERM This contract shall take effect September 1998 and shall supersede and terminate any other Facility use agreement or contract existing between the City of Kent and Purchaser. This contract shall be in effect through 1998 and then automatically renew from year to year unless otherwise modified or terminated as provided herein. This contract may be terminated by either party upon 60 days written notice from the party desiring termination. V. MODIFICATION Page 2 of 6 This amendment shall be modified only upon mutual consent of the parties , in writing, signed by both parties . VI . INDEMNIFICATION, LITIGATION A. Purchaser agrees to defend, indemnify and hold harmless the City of Kent and its officers , agents , and employees, or any of them from anv and all claims, actions , suits, liability, loss , cost , expenses, and damages of any nature whatsoever by reason of or arising out of any act or omission of Purchaser, its officers, agents, and employees, or any of them in arresting, detaining, charging or transporting persons . In the event that any suit based upon such a claim, action, loss, or damage is brought against the City of Kent, Purchaser shall defend the same at its sole cost and expense; provided that the City of Kent retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City of Kent, and its officers , agents , and employees , or any of them, or jointly against the City of Kent and the Purchaser and their respective officers, agents, and employees , or any of them, Purchaser shall satisfy the same . B . The City of Kent shall defend, indemnify and hold harmless Purchaser and its officers, agents, and employees , or any of them from any and all claims, actions, suits, liability, loss, cost, expenses, and damages of any nature whatsoever by reason of or arising out of any act or omission of the City of Kent, its officers, agents, and employees , or any of them in confining persons who have been presented to and accepted by the Facility by Purchaser, its officers, agents, and employees while said persons are in the Facility or in the custody of the City of Kent outside the Facility except to the extent said claim, action, loss or damage is the result of the negligence of Purchaser. In the event that any suit based upon such a claim, action, loss, or damage is brought against Purchaser, the City of Kent shall defend the same at its sole cost and expense provided that Purchaser retains the right to participate in said suit if any principle governmental or public law is involved, and if final judgment be rendered against Purchaser, its officers, agents, and employees, or any of them, or jointly against Purchaser and the City of Kent and their respective officers, agents , and employees, or any of them, the City of Kent shall satisfy the same . VII . NON-DISCRIMINATION/E UALITY OF EMPLOYMENT OPPORTUNITY The City of Kent will provide equal employment opportunity in administering this contract, in implementing this contract, and in administering the Facility, and prohibit discriminatory treatment . VIII . WAIVER No waiver of any right under this contract shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any one or several occasions does not constitute consent to or waiver of any later nonperformance, nor does payment of a billing or continued performance after notice of a deficiency in Page 3 of 4 performance constitute an acquiescence thereto . IX. INSURANCE Purchaser and the City of Kent shall each obtain and maintain general liability insurance with limits of one million dollars ($1 , 000 , 000) per occurrence, two million dollars ($2 , 000 , 000) aggregate . This general liability insurance shall provide protection against the general liability, police professional liability, and error and omission of each entity. Each entity to the contract shall provide certificates of insurance demonstrating coverage by the required insurance . Purchaser shall name the City of Kent as an additional named insured on its liability policy (in regard to arrest, detention, charging or transporting of prisoners) , and a copy of the additional insured endorsement shall be attached to the certificate . The City of Kent reserves the right to request a certified copy of the policy that evidences the above coverages . X. SEVERABILITY If any provisions of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties . XI . ENTIRE CONTRACT This contract consists of four pages . This contract represents the entire understanding of the parties . It supersedes any oral representations that are inconsistent with or modify its terms and conditions . IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the day written below. CITY OF DES MOINES CITY OF KENT By: BY: Scott Thomasson Date Jim White Mayor Mayor By: Bob Olander Date City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: By: Gary McLean Date By: Roger Lubcvich Date City Attorney City Attorney Page 4 of 4 Kent City Council Meeting Date Segtember 15 , 1998 Category Consent Calendar 1 . SUBJECT: COUNTERFEIT OR FALSE TRADEMARKS - EMERGENCY ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. relating to counterfeit or false trademarks and declaring a public emergency necessary for the protection of public health, safety and welfare . This is an emergency ordinance requiring the unanimous vote of the council . 3 . EXHIBITS : Ordinance 4 . RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO__-a— YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3D ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent. Washington, amending Chapter 9.02 of the Kent City Code entitled "Criminal Code" by adopting by reference certain provisions of the Revised Code of Washington relating to counterfeit or false trademarks, and declaring a public emergency necessary for the protection of public health, safety, and welfare. WHEREAS, providing law enforcement with the ability to enforce laws that prohibit the sale of or display of counterfeit goods would protect the welfare and safety of the citizens of Kent; and WHEREAS, RCW 39.34.180 requires cities such as the City of Kent to prosecute all misdemeanor and gross misdemeanor offenses committed by adults in its jurisdiction; and WHEREAS, RCW 35A.11.090 and RCW 35A.12.130 allow for the adoption of emergency ordinances; and WHEREAS, due to the current inability to file charges for selling or displaying counterfeit goods, the enactment of an emergency ordinance is appropriate and necessary for the protection of the health, safety, and welfare of the public, NOW THEREFORE, 1 False Trademark SECTION 1. The City Council hereby declares an emergency, pursuant to RCW 35A.11.090 and RCW 35A.12.130, to allow for immediate enactment of this ordinance for the protection of the health, safety, and welfare of the public. SECTION 2. Chapter 9.02 of the Kent City Code is hereby amended by adding a new section, 9.02.60, as follows: See. 9.02.60. Counterfeit or false trademark or brand. The following sections of Chapter 9.16 of the Revised Code of Washington (RCW), with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 9.16.020 Imitating lawful brand. B. RCW 9.16.030 Counterfeiting trademark, brand, etc. C. RCW 9.16.040 Displaying goods with false trademark. D. RCW 9.16.050 When deemed affixed. E. RCW 9.16.060 Fraudulent registration of trademark. F. RCW 9.16.070 Form and similitude defined. G. RCW 9.16.150 "Marked, stamped, or branded" defined. SECTION 3. The sections of Chapter 9.16 of the Revised Code of Washington adopted by reference in Section 2 above, are attached hereto as Exhibit A. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 2 False Trademark SECTION S. Effective Date. This emergency ordinance shall take effect and be in force immediately upon adoption. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11998. APPROVED: day of 51998. PUBLISHED: day of , 1998. 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 P U.AW\ORD[NANC%Counttrfea Ordinnnce.doc 3 False Trademark tisement shall have been used or affixed thereto RCW 9.16.020 Imitating lawful brand. without the written authority of such person. . Every person who, in any county.places corporation,association or union,or having affixed upon any property, any brand or mark in the thereto any forged or counterfeit representation. likeness or similitude of another brand or mark likeness,similitude,copy or imitation thereof,shall filed with the county auditor of such county by be guilty of a misdemeanor. the owner thereof as a brand or mark for the 11909 c 249 § 345; RRS § 2597.1 designation or identification of a like kind of - property,is: NOTES: (1) If done with intent to confuse or com- Trademark registration: Chapter 19.77 RCW. mingle such property with, or to appropriate to his or her own use, the property of such other owner,guilty of a felony, and be punished by RCW 9.16.050 When deemed affixed. imprisonment in a state correctional facility for A label, trademark, term,design, device or not more than five years,or by imprisonment in form of advertisement shall be deemed to be the county jail for not more than one year, or by affixed to any goods,wares,merchandise,mixture. a fine of not more than one thousand dollars, or preparation or compound whenever it is in any by both fine and imprisonment or manner placed in or upon either the article itself, (2) If done without such intent, guilty of a or the box•bale,barrel, bottle,case,cask or other misdemeanor. vessel or package,or the cover,wrapper, stopper, [1992 c 7 § 4. 1909 c 249 § 343; RRS § 2595.1 brand, label or other thing in,by or with which the goods are packed, enclosed or otherwise prepared RCW 9.16.030 Counterfeiting trademark, for sale or distribution. brand,etc. [1909 c 249 § 346; RRS § 2598.1 Every person who shall use or display or have in his possession with intent to use or RCW 9.16.060 Fraudulent registration or trade- display, the genuine label, trademark, term, mark. design, device, or form of advertisement of any Every person who shall for himself,or on person,corporation,association or union, lawfully behalf of any other person,corporation,association filed for record in the office of the secretary of or union, procure the filing of any label, trade- state, or the exclusive right to use which is mark, term, design, device or form bf advertise- guaranteed to any person,corporation,association ment,with the secretary of state by any fraudulent or union,by the laws of the United States, with- means, shall be guilty of a misdemeanor. out the written authority of such person,corpora- tion, association or union, or who shall wilfully [1909 c 249 § 347; RRS § 2599.1 forge or counterfeit or use or display or have in his possession with intent to use or display any NOTES: representation,likeness,similitude, copy or Trademark registration: Chapter.19.77 RCW. imitation of any genuine label,trademark, term, design,device,or form of advertisement,so filed RCW 9.16.070 Form and similitude defined. or protected, or any die, plate, stamp or other A plate,label,trademark,term,design,device device for manufacturing the same,shall be guilty or form of advertisement is in the form and simili- of a gross misdemeanor. tude of the genuine instrument imitated if the 11909 c 249 § 344;Code 1881 § 854; 1873 p 194 finished parts of the engraving thereupon shall § 63; 1854 p 85 § 87; RRS § 2596.1 resemble or conform to the similar parts of the genuine instrument. [1909 c 249 § 348:RRS § 2600.1 RCW 9.16.040 Displaying goods with false trademark. RCW 9.16.150 "Marked,stamped or brand-. Every person who shall knowingly sell, ed;' defined. - display or advertise,or have in his possession with intent to sell, any goods, wares, merchandise, An article shall be deemed to be "marked, mixture, preparation or compound having affixed stamped or branded" whenever such article,or thereto any label,trademark,tern,design,device, any box,package,cover or wrapper in which the or form of advertisement lawfully filed for record same is enclosed, encased or prepared for sale or in the office of the secretary of state by any delivery,or any card,label or placard with which person;corporation, association or union,or the the same may be exhibited or displayed, is so exclusive right to the use of which is guaranteed to marked,stamped or branded. such person,corporation, association or union 0909 c 249 §433; RRS § 2685.] under the laws of the United States, which label, trademark,term,design,device or form of adver- EXHIBIT.g Kent City Council Meeting Date September 15 1998 Category a naPnt Calendar 1 . SUBJECT: COMPENSATION OF COUNCIL MEMBERS - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. eliminating the cost of living adjustments to council member salaries . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Orations Committee (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. 3E ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending chapter 2.01 of the Kent City Code to eliminate cost of living adjustments to council member salaries. WHEREAS, chapter 2.01 of the Kent City Code provides cost of living adjustment to the salaries of council members; WHEREAS, a recent state auditor opinion has raised concerns over the validity of their cost of living adjustment; WHEREAS, the city council desires to eliminate these adjustments to remove any concerns over the validity of salaries to council members; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON. DOES HEREBY ORDAIN AS FOLLOWS: SECTION l: - Section 2.01.010 of the Kent City Code is hereby amended as follows: Sec. 2.01.010 Compensation of council members. A. Pursuant to the provisions of RCW 35.A.12.070 each city council member shall be paid a salary of kiaa&ed dell dellafs 450e cc7-tie FROfiti gffeetive T. ... 199g w •t e i ember ..h..0 be pad ,, s i _y of five hundred fifty dollars ($550.00) per month. Addis' " ti januaff i 1904_ 88ORGil m@m1.er salaries shall b a' r ,7 my five (;§) p e..r „F tha Cons, LA 124ee, Wd-t-a r W-(Seaale) fer july 1, 1996 to 4uly 1 1997 gaek skwreeEk*g TafmaFy 1 eelww'1 membeFAjar-ie.. shall l.e ,,Ea Usted se e..t.. f4ye (7-5) ..e e..t eF the Consufner. pr-iee index Al (S tile) F f: the e ed of 41., to T.,ly 8 rh g�evies-yeas The duly elected president of the city council shall be paid an additional salary of one hundred dollars ($100.00) per month in addition to the regular council member salary. This additional salary shall not be subject to consumer Price Index adjustments as set forth herein. B. Each council member may receive medical insurance coverage benefits for himself or herself as is provided to full time employees of the city. Additionally, each council member may, at his or her expense, elect to obtain medical insurance coverage benefits for his or her family as is provided purauant to city policy. SECTION Z - Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This emergency ordinance shall take effect and be in force immediately upon adoption. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of , 1998. APPROVED: day of 11998. PUBLISHED: day of , 1998. 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 P:V.A W IOAD IN ANC9c h2.01.doc Kent City Council Meeting Date September 15 1998 Category Consent Calendar 1 . SUBJECT: RASCHKE SHORT PLAT - BILL OF SALE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, acceptance of the Bill of Sale for Raschke Short Plat submitted by VSC Industries, Inc . for continuous operation and maintenance of 356 feet of sanitary sewer, 243 feet of street improvements and 78 feet of storm sewer and, release of bonds after the expiration period. The project is in the vicinity of 93rd Avenue South & South 221st 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. 3F mI¢ ml n F <ts-- d 2U7 PL m % = o c W SOB TH SS 'i toe PLw � SE 208TH 9T x v (ttiy m m m o $ w w z vwi'a _N 21.Q.PL ' = >¢c SE 210TH Q� ,y - `' m ^,PL S 211TH ST 9�t - -� �i• ¢ ' 8 211 S 212TH ST `-- o` ^ �114 5E 2l TH o SE 212TH ST PL 1' a 8$TH PL9 213 ..g.3TH ` 213 PL Ca .h �THPL m CT SST s, 4 -- - --` 213 PL �I 13TH 1 SE F ( I 1y -'1 214 P w a¢ �ryT/1 i I s. i 21 YJ PL m 216TH i ¢: 12 1° d 16TH ST _� r�, SE 216TH S J w E i E- N J m N a SE 00 F ST m m •- t- m w ai SE 21 2187H S 2LbTH ST _ .-. - d TH PL —•— `� SE 219TNi l� F 1 �. '^ SE 220TH ST y+ 22 y T 222 PL E a d o r SE , m .3'0,•, m J c 222ND ST Z '� --S 222ND 5T 5Tw__ x 222N0 S 222ND ST _� .__ _ > a i SE 224TH ST � 2E 224.PL ,� 9 •,` 226 N S PROJECT SE 225TH PL y+ ¢ > 225 P a' N d O LOCATION ' G 226TH 4T m w a > m rn ^1r o d = � o 4E 227TM o y _ a YAL S 228TH S 221J7H ST 228'CT 2 Sr SE 228TH ST SE 22eiN y m Q �o D w 229TH °a 2 ST �F ^T 22 0 , t x a 230 5 w SE 231 ST —PL m ♦ T 232N0 4T♦0 32N0 ST c t m S 232NO ` SE 232 ST L NOYNC LN 1 m 1 SE 232N0 PL i 1z \ 233 PL ¢ 2 3 Z CT ,z pL 4 m ♦0 m < O J S Y PL 11 Wn W z Qv � S 7 1 =I Cy2tE-Af ,06 SE 256TH ST Q 0 SE 236TH PL 2371H ST Qi r� J SOULORON MR7 Y,y °N 237TN ¢ w s s W IIII x yi' N :+ SE 2367M gT PL z ¢ ¢' a 5 238TH m a w W w n c ¢ 5E z 239TH ST `� n T• GEORGE �. w > z z ST FVIEW CT 2 o w N O w •; S 240TH ST= 5 zgain PL PL ( x w c S 2413T ST ~ (sl w CE R ¢ i c z a S 242N0 ST PIONEER sr ¢ x J Raschke Short Plat u i E.4 r g 242ND C x n .. .. TEMP RNfF ST �- m P > S Kent City Council Meeting Date Seotember 15 1998 Category c-Q nt Calendar 1 . SUBJECT: WELLINGTON TOWNHOMES , PHASE ONE - BILL OF SALE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, acceptance of the Bill of Sale for Wellington Townhomes Phase One submitted by Benjamin Homes, Inc . for continuous operation and maintenance of 645 feet of sanitary sewer and release of bonds after the expiration period. The project is in the vicinity of South 236th Street & 63rd Avenue South. 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. 3G S 2097H l l \ 1 11 1l II II i li i -- ---------$.212TH-ST N ff o N V S S 216TH 57 �',/nyJ 4, S 216TH ST ,�i it ..--' ----------- I � I i ,�• I� 1 t I ; 22G,H ST 220 I I �'I I (PRIV, II ii N I I i Tn o r % 1 N / x S 224TH ST E- Do l TS�el � 5226TH ST _ m w S 227TH PL II x I l •- \`, N.T.S. LANDING WRY PROJECT LOCATION R II Q N S 234TH ST ' \ \ N O W Q 0 36TH ST N CLOUDY ST S 23BTH ST 03 ��\\ Soo y 1 .7AURS SIT M _i °"P� --------- ;%' „ Wellington Townhomes Kent City Council Meeting Date September 15 . 1998 Category Consent Calendar 1 . SUBJECT: GREEN RIVER NURSERY CLASSROOM/OFFICE WORKROOM - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Green River Nursery Classroom/Office Workroom contract as complete and release retainage to 21st Century Builders upon standard releases from the State and, release of any liens . The original contract amount was $84 , 768 . 82 . The final construction cost was $89, 936 . 97 3 . EXHIBITS: None 4 . RECOMMENDED BY: Non (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 Kent City Council Meeting Date Seutember 15 , 1998 Category c'anGPrt Calendar 1 . SUBJECT: 6TH AVENUE NORTH IMPROVEMENTS - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 6th Avenue North Street Improvements contract as complete and release retainage to Ohana Nursery upon standard releases from the State and, release of any liens . The original contract amount was $47 , 321 . 75 The final construction cost was $51 , 345 . 74 . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) 5 LTNBUD ETED 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. 3I Kent City Council Meeting Date September 15 , 1998 Category Consent Calendar 1 . SUBJECT: INTERURBAN TRAIL SIGNALS - ACCEPTANCE OF AMENDMENT 2 . SUMMARY STATEMENT: Acceptance of an amendment to the Interurban Trail Signals contract: in the amount of $3 , 001 . 52 , as recommended by the Public Works Director. Council accepted the contract in the amount of $100 , 679 . 50 as complete, as recommended by the Public Works Director on July 7 , 1998 . Since that acceptance, additional invoicing has been received in the 'mount of $3 , 301 . 52 against this project . 3 . EXHIBITS : None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff , Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: S _.— SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember _moves , Councimember seconds DISCUSSION: ACTION: _ Council Agenda Item No. 3J ............... .... Kent City Council Meeting Date September 15 1998 Category Consent Calendar 1 . SUBJECT: REAL ESTATE EXCISE TAX - CORRECTIVE ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. making corrective amendments to Ordinance No. 3418 to reference appropriate statutory authority and to establish November 1, 1998 as the effective date of the excise tax. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Due to time restraints this matter was considered by the Operations Committee on September 15 1298 (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. 3K ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, making corrective amendments to Ordinance No. 3418 authorizing the assessment and collection of an additional Real Estate Excise Tax of one quarter of one percent for the purpose of financing capital projects specified in the Capital Facilities Plan element of City's Comprehensive Plan. I WHEREAS, RCW 82.46.035 authorizes municipalities such as the City of Kent to impose an additional excise tax of one-quarter of one percent on the sales price of real property sold within the City; and WHEREAS, pursuant to Ch. 82.46 RCW, revenues generated from this tax shall be used for financing capital projects specified in the capital facilities plan element of the City's Comprehensive Plan; and WHEREAS, the City Council adopted Ordinance No. 3418 to impose such a tax for financing of capital facilities in the City of Kent; and I WHEREAS, Ordinance No. 3418 did not reference the specific statutory provision that authorizes the additional one quarter of one percent real estate excise tax, thereby requiring the following amendment to Ordinance No. 3418;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Rea!Estate Excise Tax SECTION 1. Chapter 3.24 entitled "Real Estate Excise Tax" is hereby amended as follows: Chapter 3.24 Real Estate Excise Tax Sec.3.24.010. Levied- amount. Effective November 1, 1998,-Ppursuant to RCW 82.46.44-0035,there is hereby imposed an additional excise tax on each sale of real property within the corporate limits of the City. The rate of the additional tax imposed under this chapter shall be one-quarter of one percent of the selling price on each sale of real property. The taxes imposed under this chapter shall be collected from persons who are taxable by the State under Ch. 82.45 RCW and Ch. 458-61 WAC, upon the occurrence of any taxable event, as defined therein, within the corporate limits of the City. Sec. 3.24.020. Consistency with state tax. The taxes imposed under this chapter shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes imposed by the State under Ch. 82.45 RCW and Ch. 458-61 WAC. The provisions of those chapters shall apply as though fully set forth herein. Sec. 3.24.030. Use of tax proceeds. All proceeds received by the City from the taxes imposed under this chapter shall be used by the City for financing capital projects specified in the capital facilities plan element of the City's comprehensive plan pursuant to Ch. 82.46 RCW. Sec. 3.24.040. Collection and administration. The taxes imposed under this chapter shall be paid to and collected by the Treasurer of King County in the manner provided by and consistent with State and local law. The Treasurer of King County shall jact as agent for the city for the purposes of collection and administration of the tax. SECTION 2. - Severability. If any one or more sections, subsections. or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 2 Rea!Estate Excise Tax SECTION 3. - Effective Date. This ordinance shall take effect and be i force thirty (30) days from and after its passage, approval and publication as provided b law. JIM WHITE. MAYOR ATTEST: BRENDA JACOBER. CITY CLERK APPROVED AS TO FORM: i ROGER A. LUBOVICH, CITY ATTORNEY i PASSED: day of 11998. APPROVED: day of . 1998. PUBLISHED: day of . 1998. 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 I City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P ILAMORDINANCIrWoutem2.dx 3 Real Estate Excise Tax i Kent City Council Meeting Date September 15 1998 Category Bids 1 . SUBJECT: 125, 000 GALLON WATER TANK IMPROVEMENTS 2 . SUMMARY STATEMENT: The bid opening for this project was held on September 9th with three bids received. The apparent low bid was submitted by Fraser, Inc in the amount of $216, 636 . 99 The Engineer' s estimate was $158 , 013 . 00 . The Public Works Director recommends that this contract be awarded to Fraser, Inc . 3 . EXHIBITS : Public Works Director Memorandum 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $216 , 636 . 99 SOURCE OF FUNDS :W-36 Paint & Safety; WA7-Seismic Improvements ; and Misc . Waterfund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the 125 , 000 Gallon Water Tank Improvements contract be awarded to Fraser, Inc . for the bid amount of $216 , 636 . 99 . DISCUSSION: ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS September 15 1998 TO: Mayor &City Council FROM: Don Wickstr4AJ RE: 125,000 Gallon Elevated Water Tank Improvements Bid opening for this project was held on September 9' with 3 bids received. The apparent low bid was submitted by Fraser, Inc. in the amount of $216,636.99. The Engineer's estimate was $158,013.00. The Public Works Director recommends the award of this contract to Fraser, Inc. BID SUMMARY Fraser, Inc. 216,636.99 Morse Construction 218,183.92 Pittsburg Tank &Tower 277,266.66 Engineer's Estimate 158,013.00 MOTION: Councilmember moves Councilmember seconds that the 125,000 Gallon Elevated Water Tank Improvement contract be awarded to Fraser, Inc. for the bid amount of $216,636.99. ......... Kent City Council Meeting Date September 15 , 1998 Category Bids 1 . SUBJECT: S . 200TH ST. IMPROVEMENTS - ORILLIA TO GREEN RIVER 2 . SUMMARY STATEMENT: The bid opening for this project was held on Friday, September llth. Due to time constraints, the bid information was not included in the agenda packet . The Public Works Director will make a recommendation. 3 . EXHIBITS: None 4 . RECOMMENDED BY: (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 that the S . 200th Street Improvements contract be awarded to DISCUSSION: , l- ACTION: Council Agenda Item No. 5B Kent City Council Meeting Date September 15 . 1998 Category 1 . SUBJECT: SENIOR CENTER EXTERIOR PAINTING 2 . SUMMARY STATEMENT: Staff recently completed reroofing, carpeting and repainting the interior of the Senior Center, as appropriated through the 1998 budget . Painting the exterior is the last major undertaking for this project . Two written quotes were received. Halcyon Painting was low at $36, 980 . 3 . EXHIBITS : Copies of two written quotes 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $36 , 980 . 00 SOURCE OF FUNDS : CIP - Building Renovation Fund 7 . CITY COUNCIL ACTION: //'' //I Councilmember w�"z) _moves, Councilmember -seconds to award the contract to paint the exterior of the Senior Center to Halcyon Painting for $36 , 980 , plus applicable Washington State sales tax. DISCUSSION: ACTION: Council Agenda Item No. 5C NLC YO+ (206) 824-3928 PAINTING (541) 752.7251 817 Le-Lou-Wa NE Suite 103 Commercial - Industrial Post Office Box 25 Tacoma, Washington 98422 Corvallis, Oregon 97339 Fax (253) 404-1462 Fax (541) 259-2676 GENERAL CONDITIONS OF PROPOSAL - Senior Activity Center Description of work. Halcyon Painting shall perform the work as described and, except as otherwise provided,shall furnish all supervision, labor, equipment and materials required therefore and shall obtain all licenses and permits required. Payment. Unless otherwise stated on proposal, payments shall be made within 10 days of receipt of invoice. Monthly billings will be made based on percentage of project completion with final billing at completion. Service charge on past due accounts will be at an annual percentage rate of 18%. All legal fees for the collection of past due accounts will be paid by purchaser whether litigation is filed or not. Relationship of parties. The work shall be performed by Halcyon Painting as an independent contractor. All persons employed by Halcyon Painting shall be deemed conclusively as employees of Halcyon Painting,and they shall at all times be under Halcyon Paintings direction and control. Halcyon Painting has the full power,authority and discretion to select the means, manner and method of performing the work without detail, control or direction by Purchaser. Neither Halcyon Painting nor any individuals employed by Halcyon Painting shall be considered employees of Purchaser for any purpose, and they shall not be entitled to participate in any employee benefit plan sponsored or maintained by Purchaser. Insurance. Halcyon Painting shall maintain Workers'Compensation as required by law. Halcyon Painting shall also maintain Commercial General Liability insurance in amounts of not less than: $1,000,000.00 for bodily injury;and$1,000,000.00 for property damage. Hazardous Materials. In the event Halcyon Painting encounters on the job site lead-based paint or any other hazardous material such as, but not limited to, asbestos or polychlorinated biphenyl (PCB) about which Halcyon Painting has not been notified in writing prior to entering into the Agreement with the owner, Halcyon Painting shall immediately stop work and shall not be responsible for the testing,removal, disposal or rendering harmless of such material. The Owner agrees to hold Halcyon Painting harmless as to any liability resulting from such material in the event that Halcyon Painting has not been notified as aforesaid. Additional costs including overhead and profit, incurred by these conditions shall be reimbursed to Halcyon Painting. Indemnification. Halcyon Painting shall indemnify, defend and hold harmless Purchaser against any claims or liabilities arising out of any acts of omissions by Halcyon Painting. Compliance with law. Halcyon Painting shall comply with all laws,ordinances, rules, regulations and orders to any public authority bearing on the performance of the work, including,without limitation, any applicable laws pertaining to OSHA,the filing of income tax returns, old age benefits, unemployment compensation, and health and accident insurance. Arbitration. In the event of a dispute regarding this project,all parties agree to arbitration by the Better Business Bureau following their Rules of Arbitration. Warranty. For a period of one year Halcyon Painting will repaint any failing areas resulting from defective paint material or application inconsistent with the above specifications. i� Sales tax not included - Authorization CONTINUED COMMUNICATIONS A. .............. ... R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS/PLANNING COMMITTEE E. PARKS COMMITTEE F. ADMINISTRATIVE REPORTS CITY OF KENT PARKS COMMITTEE MEETING JULY 21, 1998 Council Present: Chair Judy Woods, Connie Epperly, Rico Yingling Staff Present: John Hodgson, Tom Brubaker, Lori Hogan, Jim McDonald, Leona Orr, Tom Brotherton, May Miller, Teri Petrole Audience: Council Members: Tom Brotherton, Leona Orr Council member Judy Woods started the meeting with introductions of the committee members and began with Agenda Item No. 2. King County Work Training Grant—Accept and Amend Budget: This grant has been awarded to the Youth/Teen Program three years in a row and provides employment for 22 local youth. It has proven to be a very successful program, providing teens with mentors, a positive atmosphere, and often, year-round employment. Council member Epperly moved to accept and amend the Youth/Teen budget for $12,380.00 from the King County Work Training Programs, Youth Conservation Corps. Grant. Rico Yingling seconded. Motion carried. Renovation of Sculpture "Sentinel; Kent" Jim McDonald, Manager of Cultural Programs explained this project was accepted through the 1998 City Art Plan. The "sentinel" statue is located at the Kent Public Library. The project involves raising the pool and sculpture fourteen inches for both design intent and to aid in proper maintenance of the artwork. Jim also updated the committee on the renovation of the "Earth" sign at Lake Fenwick Paris. The artist is from New Mexico and will begin work this summer. King County Work Arts Commission Grant —Accept and Amend Budget: The Kent Cultural Programs has been awarded the King County Arts Commission, 1998 Sustained Support Program for $6,625.00. Funds provide artistic services and opportunities for a variety of special event programs, including the summer concert series and Kid's Art Day. Rico Yingling moved to accept and amend the Kent Arts Commission budget for $6,626.00 from the King County Arts Commission Grant. Connie Eppedy seconded. Motion carried. Parks Committee Meeting Minutes July 21, 1998 Page Two Kent Rotary Donation —Accept and amend Budget: John Hodgson explained that each year Kent Rotary holds an auction and donates half of the dollar amount of items purchased by an organization back to that organization. This year the Kent Parks and Recreation staff and friends purchased items worth $2,978.00. This resulted in a $1,489.00 donation back to the Parks and Recreation Department. Funds will be used for purchasing play equipment for Meridian Glen Park. Connie Epperiy moved to accept and amend the Meridian Glen Park budget for the $1,489.00 donation from the Kent Rotary Auction. Rico Yingling seconded. Motion carried. Fourth of July Celebration Update: John M. Hodgson shared that this year the Seattle Symphony played at Lake Meridian on the Fourth of July, entertaining over 1,000 citizens. John and staff suggest joining the Lake Meridian Homeowners Association in the fireworks show and add to the festivities, making this a major community event. The Seattle Symphony confirmed they would be pleased to return in 1999 for another Fourth of July concert. Staff considers event planning and attention to technical detail a critical area of need. Jim plans to begin preparations in January by assessing the current special events calendar, meeting with the Lake Meridian Homeowners Association, and addressing certain issues such as parking and shuttle service. Tom Brotherton, representing the Lake Meridian Homeowners Association, announced interest in partnering with the City on a major Fourth of July event. He suggested creating a water decathlon comprised of parents and kids centering on water events (for example boat races, paddle races, and swimming). The meeting closed to discuss property negotiation. Meeting adjourned at 5:40 p.m. MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING JULY 14, 1998 PRESENT: Connie Epperly, Chair Captain Chuck Miller Sandy Amodt Lieutenant Lorna Rufener Tom Brotherton Police Chief Ed Crawford Fire Chief Norm Angelo Meeting called to order by Connie Epperly, Chair, at 5:05 p.m. Purchase of Hydraulic Ram Used on Rescue Tool with Money Received from Grant Fire Chief Norm Angelo explained that it is not uncommon to respond to calls where vehicles are entangled and one of the major tools that they use is what many people call the "jaws of life" which is a rescue tool. Over time a lot of these rescue tools have had additional equipment adapted to them that gives further capabilities in the field. When their last tool was replaced, they were not able to buy all the components and extensions that went with it due to costs and budget considerations. They applied to different sources for grants and have received a grant from the State Trauma Council related to emergency medical services to be used to add a ram extension. This is used to extend the jaws of the tools and further push apart the metal which gives a great advantage in getting in and working with patients. Chief Angelo advised that the Fire Department requests the Public Safety Committee to accept the $1200 grant from the State. It will be about $1700 to purchase the full extension, the adapters and the components that go with it. The Fire Department will pick up the difference out their own budget by re-prioritizing other items. The advantage that it gives in survival rate in buying time is significant. Councilmember Sandy Amodt asked what Amkus means. Chief Angelo advised that he thinks it's a trade name that was chosen by the people of the company, but he does not have the background on why the name was chosen. Councilmember Sandy Amodt moved to place this item on the Consent Calendar for the July 21,1998, Council meeting, recommending that the grant funds in the amount of $1200 received from the State of Washington be accepted, and that the Fire Department be authorized to apply said funds towards the purchase of an Amkus ram and ram extension. Motion seconded by Tom Brotherton. Motion passed unanimously (3-0). US West Pay Telephone Contract Amendment Captain Chuck Miller explained that this issue has already been to the Operations Committee for action, but he wanted to bring this committee up to date. For the last couple of years he has been trying to increase revenue from the inmate telephone system. Inmates either have to call collect or they can use credit cards. He was not happy with the 15% that the City was receiving, particularly when he found out that there were other jurisdictions receiving as high as 45% from US West. Following a recent meeting, they agreed to increase it to 30%, as well as upgrade the system. The upgrade of the system will be at no cost to the City because of the continued contract with them. In response to a question by Councilmember Brotherton, Captain Miller explained the inmate system has a lot of checks and balances. For example, on domestic violence issues where there is a no contact order, they have the ability to block that phone number from usage or even going outside the facility. With the upgrades they will be able to record certain conversations. Right at the beginning of the conversation there will be a warning that the telephone call is subject to monitoring and/or recording. When the connection is made with the person that receives the call, the same warning MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING July 14, 1998 Page 2 of 3 will be given to them. This could be very beneficial in some cases such as narcotics. These upgrades basically bring the system up to current technology. Brotherton explained that at his company they had a warning about a telephone scam where inmates would call up some number and pretend to be an AT&T repairman and ask the person receiving the call to dial *90 and then hang up to complete the test. What this did was give them access to make a long distance call from the number they had called and bill it to those individuals. He asked if this type of trick would be prohibited through this. Captain Miller advised they would be able to accomplish part of this by giving out these warnings ahead of time. Besides the warning about recording and monitoring , they also every so often interrupt the conversation to remind them that this is being placed from inside the City of Kent Corrections Facility. This way the person receiving the call has no doubts as to where the call is coming from. Brotherton asked if this would be on every call and Captain Miller advised that yes, it would. Miller did advise that they would have the capability to disconnect that feature on certain calls such as when an individual might be contacting some other involved party on a drug violation where they would not want the other party to know where the call is coming from. Sandy Amodt asked whether an operator comes on the line when inmates are making collect calls. Miller explained that this is all done by recording now, advising where the call is coming from and who is making the call. Acceptance of Law Enforcement Education Partnership (LEEP) and Department of Community. Trade and Economic Development (CTED) Grant and Kent Drinking Driver Countermeasure Program (DDTF) Washington Traffic Safety Commission (WTSCO Federal 402 Transportation/Highway Safely Funds/Establish Budget Chief Ed Crawford explained that the Police Department applied for these grants with previous approval of the Public Safety Committee. The first one is the Law Enforcement Education Partnership (LEEP) grant for $30,000 for the Youth Conference. The conference has been expanded. It includes eight south county school districts, with junior and senior high students. There are probably 150 to 300 kids and it's put on by kids. It's really quite an event and quite a valuable learning experience. Formal invitations will be sent later. The other grant funding is $28,012 from the Washington State Traffic Safety Commission to help fund the Drinking Driver Task Force. Kent's Drinking Driver Task Force is one of the few city task forces left around the State. They actually incorporate more than just the City of Kent. The do a lot of good things with seatbelt awareness, schools, school speeds and of course the constant awareness with the drinking driver. Chief Crawford indicated that they are very proud to still be able to keep the Drinking Driver Task Force going. Councilmember Brotherton moved to recommend to the Council to accept the LEEP and WTSC grants and establish the budget documents as required, and that the issue be placed on the Consent Calendar for July 21, 1998. Motion seconded by Sandy Amodt. Motion passed unanimously (3-0). Acceptance of South King County Narcotics Task Force Grant/Establish Budget Lieutenant Loma Rufener passed out attachments to committee members. She advised that the AG's office is holding up distribution of the actual grant documents, but verbal confirmation has been received. This is the 11`" year of the Byrne grant from the federal govemment. The Kent Police Department currently administers the grant for the South King County Narcotics Task Force. MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING July 14, 1998 Page 3 of 3 Referring to the attachments, Rufener explained that $232,145 is the actual amount that was requested, however the amount they are actually receiving is $220,862. The total amount for the grant will be $264,782 rather than $276,065 as indicated on the document. Therefore the city local matches for Renton, Auburn, Tukwila, and Kent will be $283,981 which is about $11,000 more than it indicates on the grant form. The entire budget will be $548,763, and Finance has advised that a budget for that entire amount has to be set up. The balance of the funds must come from the seizure fund. For clarification, Brotherton asked if the city pays $31,500 and each of the other cities pay the same amount, the federal government contributes the most towards this, and the task force is going to essentially expend $140,000. Rufener advised that was correct. Brotherton further asked if this places any undo strains on our manpower to participate in this. Rufener explained that we have one officer assigned to the task force and she serves as the commander while continuing her duties as a manager at Kent Police Department. Sandy Amodt asked for clarification on the seizure fund. Rufener explained that the seizure fund would not be on the grant form itself, it is on the budget documents. The seizure fund can fall or rise depending on how many cases are going at any given time. To complete our obligations, the seizure fund needs to be at about $158,000 during this next year. Rufener provided further clarification on the number differences on the actual documents. Councilmember Tom Brotherton moved to accept the South King County Narcotics Task Force grant, to authorize a budget to be established in the amount of$548,763, and to approve that this item be placed on the July 21, 1998, Consent Calendar for acceptance by full Council. Motion seconded by Sandy Amodt. Motion passed unanimously (3-0). Meeting adjourned by Connie Epperly, Chair, at 5:22 p.m. Minutes prepared by Kelli Rogers.