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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/03/2001 City of Kent City Council Meeting Agenda INS KEN T W A S H I N G T O N Mayor Jim White Councilmembers Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling July 3, 2001 Office of the City Clerk SUMMARY AGENDA T KENT CITY COUNCIL MEETING WASHINGTON July 3 , 2001 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS A. Employee of the Month B. Proclamation - Parks and Recreation Month 5 . PUBLIC HEARINGS None 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Washington State Traffic Safety Commission Grant - Accept D. Service Club Ballfield Donations - Accept and Amend Budget E. Fee in Lieu Budget Transfers - Approve F. Surplus Haak House - Approve G. King County Work Training Grant - Accept and Amend Budget H. Washington Economic Development Finance Authority Non- Recourse Revenue Bonds - Resolution 15-1 7 Code Enforcement, Chapter 1 . 04 - Ordinance 3 Cj(� CK.A. Excused Absence, Councilmember� Orr A rove Sound Transit Artwork Change - Approve 7 . HER BUSINESS Council Meeting Time Change - National Night Out Ordinance 35b q 8 . BIDS None (continued next page) SUMMARY AGENDA CONTINUED 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS f} njpb Q�g/� UL� 12 . EXECUTIVE SESSION A. Property Acquisition 13 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www 6kent.wa.us. An explanation of the agenda format is given on the back of this page . Any person requiring a disability accommodation should contact the City Clerk' s Office in advance at (253) 856-5725 . For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 . CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH B) PROCLAMATION - PARKS AND RECREATION MONTH CONSENT CALENDAR 6 . City Council Action: Councilmember U0A moves, Councilmember seconds to approve Consent calendar items A through K. Discussion Action -Pic- GA. Approval of Minutes . Approval of the minutes of the regular Council meeting of June 19, 2001 . 6B. Approval of Bills . Approval of payment of the bills received through May 31 and paid on May 31; and approval of bills received through June 15 and paid on June 15, after auditing by the Operations Committee on June 19, 2001 . Approval of checks issued for vouchers : Date Check Numbers Amount 5/31/01 513470-513762 $ 654 , 662 . 34 5/31/01 513763-514281 2 , 567 , 276 . 52 $3 , 221, 938 . 86 Date Check Numbers Amount 6/15/01 514282-514650 $1, 703 , 206 . 74 6/15101 514651-515115 1 , 407 , 074 . 93 $3 , 110 , 281 . 67 Council Agenda Item No. 6 A-B Kent, Washington June 19, 2001 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White . Councilmembers present : Amodt, Brotherton, Clark, Epperly, Orr, Woods and Yingling. Others present : Interim Chief Administrative Officer Martin, Deputy City Attorney Brubaker, Police Chief Crawford, Fire Chief Angelo, Public Works Director Wickstrom, Planning Manager Satterstrom, and Parks, Recreation and Community Services Director Hodgson. Approximately 120 people were at the meeting. CHANGES TO THE AGENDA The following items were added to Continued Communications at the request of audience members : 11A - Street Widening Project at 256th and 116th, 11B - Golf Course, and 11C - Budget Cuts . PUBLIC COMMUNICATIONS Drinking Driver Task Force Design Contest. Mike Buckingham commended the winners and their parents and friends . He introduced each of the thirteen winners and Mayor White, Councilmember Brotherton and Police Chief Crawford presented certificates and congratulated each of them. Introduction of Appointees. Mayor White announced that he has re-appointed Charlene Shaw and Dick Lackey to the Public Development Board. Legislative Report. Assistant Chief Administrative Officer Laurent noted that Kent has been working with State Legislators on the issues of driving while drugged, the posting of convictions on DUIs, design build legislation, funds for Clark Lake, low interest loan for the second supply pipeline, law enforcement pensions, and transportation needs . She introduced the following legislators who represent parts of Kent : Karen Keiser, Shay Schual-Berke, Steve Johnson, Jack Cairnes, Pam Roach, and Julia Patterson. Mayor White and Council President Orr presented each with a City of Kent mug, and the legislators expressed thanks to the City for making their wants known. Mayor White and Councilmembers Clark, Amodt, Yingling and Epperly expressed their appreciation to the legislators . CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through J. Woods seconded and the motion carried. 1 Kent City Council Minutes June 19, 2001 MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of June 5, 2001, and approval of the following correction to the minutes of May 15 , 2001 : Consent Calendar Item 6A should say "Approval of the minutes of the regular Council Meeting of May 1, 2001" rather than March 1, 2001 . BILLS OF SALE (CONSENT CALENDAR - ITEM 6F) Pacific Parke Bill of Sale. ACCEPT the Bill of Sale for Pacific Parke Plat submitted by Pacific Industries, for continuous operation and maintenance of 1346 feet of street improvements and 426 feet of storm sewer as complete and release bonds after the 1-year expiration period, as recommended by the Public Works Director. This project is located at 27620-152nd Ave. SE. (CONSENT CALENDAR - ITEM 6G) - Central Avenue Mini Storage Bill of Sale. ACCEPT the Bill of Sale for the Central Avenue Mini-Storage/Napa Auto submitted by IDC Enterprises, LP, for continuous operation and maintenance of 75 feet of water mains and 168 feet of sidewalk as complete and release bonds after the 1-year expiration period, as recommended by the Public Works Director. This project is located at 1407 S . Central Avenue . STREET VACATION (PUBLIC HEARINGS - ITEM 5B) 127th Avenue S.E. Street Vacation (STV-2001-1) . Resolution 1588 established this date as the hearing date for the application by Michael & Connie Baerny and Paul & Cynthia Scott to vacate a portion of the unimproved right-of-way which exists at 127th Avenue S .E. Staff recommends approval with conditions as shown in the staff report . Charlene Anderson of the Planning Services Office explained the conditions which staff proposes . Mayor White opened the public hearing. Michael Baernv voiced concern about the requirement to deed property to the City and about access to his 2 Kent City Council Minutes June 19, 2001 STREET VACATION property. He clarified that he is not interested in the vacation if the proposed conditions must be met . Satterstrom stated that neither he nor Wickstrom were aware that the applicants were opposed to the condi- tions . Paul Scott, 26012 127th Avenue SE, said he was not contacted about the conditions, and that he does not agree with the conditions . There were no further comments and ORR MOVED to close the public hearing. Woods seconded and the motion carried. BROTHERTON MOVED to table this issue until the next Council meeting. Clark seconded and the motion carried. TRAFFIC CONTROL (PUBLIC HEARINGS - ITEM SC) S . 228th Street Corridor Extension Project. This date has been set for the public hearing on the S . 228th Street Corridor Extension Project . Following public testimony, Council will consider action to select one of the three roadway alignments and to take further action on the project . Design Engineering Manager Tim LaPorte displayed photos of the area and explained the history of the project . He said the primary purpose is to increase east-west capacity for traffic flow in the valley, and that it will provide better access between the valley and Interstate 5 . He added that the project has been on the King County Transportation Needs Report, on the King County Regional Arterial Network, and has been reaffirmed annually in the City' s annual Transportation Improvement Program for the past decade . LaPorte said the public process began in November 1999 and that the comments received since then include concerns about noise, traffic and the environment . Chad Bieren, Project Manager, noted that four alterna- tives were developed and the environmental impacts of each were measured. He noted that there were three action (build) alternatives and one no action (do 3 Kent City Council Minutes June 19, 2001 TRAFFIC CONTROL nothing) alternative . He stated it was determined that Alternative A has the least impacts of the "build" alternatives and was selected as the preferred alterna- tive . He explained that it offers a direct route up West Hill , has lower wetland impacts, and is located further from the Lakes development . Bieren noted that proposed mitigation associated with Alternative A includes roadway and intersection improve- ments, wetlands mitigation, and a potential noise barrier in front of The Lakes . He noted that citizens of The Lakes expressed concern about noise, and said that arterial traffic noise is specifically exempt from the Kent City Code so Washington State Department of Transportation information was used to assess the impact of the project . ORR MOVED that written comments and correspondence on this matter be made a part of the public records . Woods - seconded and the motion carried. LaPorte recommended that Council adopt Alternative A with associated mitigation measures, direct staff to further study noise mitigation and return to Council with recommendations, and direct Engineering to begin preliminary design and obtain permits for the project . Deputy City Attorney Brubaker pointed out that environ- mental review on this project has been concluded. Mayor White opened the public hearing. David Garten, 23110 59th Place South, stated that many people are opposed to this project and submitted a 5- page petition supporting the no action alternative . WOODS MOVED to make the petition a part of the public record. Orr seconded and the motion carried. Garten cited increased air and noise pollution, heavy tractor- trailer traffic, financial impacts beyond the cost of the LID, and the impact on fish and wildlife in the area as reasons for their opposition. 4 Kent City Council Minutes June 19, 2001 TRAFFIC CONTROL Others speakers opposed to the project due to noise, traffic, loss of a sense of community, impact on pro- perty values, safety, wetlands, wildlife, environmental concerns and pollution were : Don Shaffer, 2070 N. 78th, Seattle Merwin Peters, 5607 S . 232nd, Kent Valerie Ensor, 5207 S . 232nd, Kent Cintra Bodenhausen, 23206 60th Place S, Kent Nancy Martin, 23538 55th Avenue S . , Kent Elisa Lanz, 5021 S . 2318t, Kent Joe Heltzel , 5109 S . 232nd, Kent Chris Ensor, 5207 S . 232nd, Kent Elizabeth Guevara, 23405 54th Avenue S, Kent Donald Tock, 23604 55th Avenue South, Kent Dave Robertson, 4925 S . 233rd, Kent James Brown, 5004 S . 233rd Place, Kent Diane Chakravarty, 23211 54th Avenue S, Kent Wendy Werner, 23108 50th Avenue S . , Kent Fred Thebert, 12315 Mundy Loss Road, Buckley David Woodall, 23319 57th South, Kent Toby Shaffer, 23958 58th Court S . , Kent Ted Kogita, 25227 Reith Road, Kent Jan Brown, 5004 S . 233rd, Kent Joe Rubio, 3831 SE 238th, Kent Some of the speakers felt that eastward access is needed and the funds should be used on East Hill . Harold La Duke, 23308 51st Avenue S . , stated that not everyone in the neighborhood is opposed to the project, and emphasized that mitigation is very important if the project is built . There were no further comments and ORR MOVED to close the public hearing. Woods seconded and the motion carried. CLARK MOVED to approve the South 228th Street Corridor Extension Project, to select Alternative A for the project, along with identified mitigation for this alternative as set forth in the EIS, and to direct the Public Works Department to proceed with design and implementation of the project, including additional 5 Kent City Council Minutes June 19 , 2001 TRAFFIC CONTROL design for noise control for further Council con- sideration. Brotherton seconded. Clark thanked the citizens for their comments, and assured them he heard what they said. He asked them to consider that the Growth Management Act says that when you allow for growth, you must plan for it, and con- centrate housing inside the urban area and restrict it in the rural area. He noted that the level of service must be considered, including transportation, and that the Council is trying to create a transportation system that works as well as it can for as many citizens as possible . Amodt said the proposed alternative would create a bottleneck on Military Road, and that the funds should be used to put truck traffic on Meeker and Orillia. Epperly said she does not see the benefit of this corridor, and will not support the motion. Woods said this is an excruciating decision but that she cannot vote in favor of the motion even though she would like to, citing concern about concurrency and the level of service . Upon Orr' s question, Wickstrom explained that if this project does not go forward, the funds for it would be diverted to another project, the opportunity to get grants would be lost, and the City would be faced with a concurrency issue . He noted that this project was based on concurrency, and concurrency is what allowed The Lakes and other property in the area to be developed. He added that no new developments could be done in the service area. He also explained that Military Road is a part of the project and would be fully improved, and that if the project is not done concurrency in other parts . of the city could be affected. Wickstrom went on to say that if the project proceeds, the LID would not be formed for approximately one year and that the permit process would take at least two to three years . He said improving 212th would not provide — relief in this area and that the Meeker Street area would be affected if the project isn' t done. He noted that it would be very difficult to get approval to build a bridge at Meeker. 6 Kent City Council Minutes June 19, 2001 TRAFFIC CONTROL Bieren noted for Brotherton that an evaluation was done by a biologist whose opinion was that any eagles in the area were not residents, and that the majority of lost wildlife would be moles, mice and other small mammals . Clark and Brotherton withdrew the motion and the second. Wickstrom estimated for Clark that it would take six months to a year to come up with an alternative which would allow development to occur. AMODT MOVED to take no action on the S . 228th Street Corridor Extension Project . Epperly seconded. Amodt clarified that it is her intent to chose the no action alternative . Clark said he is opposed to the motion because of the require- ment for a transportation level of service dealing with congestion, and noted that the City will still have to deal with traffic mitigation. Orr agreed with Clark and said taking no action at this time would provide a chance to examine alternatives without destroying fund- ing sources . Amodt withdrew her motion and MOVED to take no action at this time. Epperly seconded. It was clarified that the motion is to take no action at this time, allowing staff an opportunity to examine alterna- tives and how to address concurrency issues . Mayor White relinquished the chair and said that killing the project and not coming up with an alternative is not solving the problem of transportation. He said that City officials are obligated to the community to develop alternatives, and urged the Council to give staff an opportunity to do so . Brotherton said it is good to see a community pull together and accomplish something, but that not proceeding with this alternative simply pushes the problem off onto other citizens . He pointed out that staff and other professionals have determined that Alternative A is a good project, and the state agrees and has provided money for it . Amodt ' s motion to take no action at this time then carried. (CONSENT CALENDAR - ITEM 6C) LID 354, N. Washington' Avenue & W. Meeker Street Improvements Funding. AUTHORIZATION to add and/or modify the budget for the LID 354 , N. Washington Avenue & W. Meeker Street Improvement Project as described in the June 4th memo to the Public Works Committee from the 7 Kent City Council Minutes June 19, 2001 TRAFFIC CONTROL Public Works Director and to spend the same, as recom- mended by the Public Works Committee . (BIDS - ITEM 8B) LID 354 , N. Washington Avenue and W. Meeker Street Improvements. The bid opening for this project was held on May 23rd, with six (6) bids received. The low bid was submitted by Ceccanti , Inc . in the amount of $3 , 496, 956 . 02 . The Engineer' s estimate was $3 , 673 , 548 . 42 . The Public Works Director recommends awarding this contract to Ceccanti, Inc . CLARK MOVED that the Washington Avenue/Meeker Street Improvement Project be awarded to Ceccanti , Inc . for the bid amount of $3 , 496, 956 . 02 , including tax. Epperly seconded and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 6D) Canyon Drive Bicycle & Pedestrian Facilities Improvements Funding. AUTHORIZATION to add and/or modify the budget for the Canyon Drive Bicycle & Pedestrian Facilities Improvement Project as described in the June 4th memo to the Public Works Committee from the Public Works Director and to spend the same, as recommended by the Public Works Committee . (CONSENT CALENDAR - ITEM 6I) Aerial Easement for Sound Transit Walkway. AUTHORIZATION for the mayor to sign an air rights easement with Central Puget Sound Regional Transit Authority allowing Central Puget Sound Transit Authority to construct, operate and maintain a pedestrian bridge attached to the Sound Transit Parking Garage over 1st Avenue North, between West Smith Street and Temperance Street . (BIDS - ITEM 8A) Canyon Drive Bicycle and Pedestrian Facilities Improvements. The bid opening for this project was held on May 24th, with five (5) bids received. The low bid was submitted by Ceccanti, Inc . in the amount of $1 , 414, 718 . 04 . The Engineer ' s estimate was $1, 627 , 657 . The Public Works Director recommends awarding this contract to Ceccanti, Inc . 8 Kent City Council Minutes June 19, 2001 PUBLIC WORKS Wickstrom requested that the bid be awarded tonight because of a time constraint on this project, and said that direction on whether to include or delete the signal on Canyon Drive and 94th will be made by Public Works Committee. CLARK MOVED that the Canyon Drive Bicycle/Pedestrian Improvement Project be awarded to Ceccanti, Inc . for the bid amount of $1, 414 , 718 . 04 , plus applicable tax. Epperly seconded and the motion carried. REZONE (CONSENT CALENDAR - ITEM 6H) Kent Retail Center Rezone (RZ-2000-1) . ADOPTION of Ordinance No. 3563 rezoning 4 . 35 acres of real property located north of SE 253rd Place on the west side of 104th Avenue SE from Office-Mixed Use (O-MU) to Community Commercial-Mixed Use (CC-MU) zone, as approved by the City Council January 16, 2001 . ANNEXATION (PUBLIC HEARINGS - ITEM SA) DeMarco Annexation. This date has been set for a hearing on the proposed DeMarco Annexation. The City has received a sufficient and valid property owner petition and the King County Boundary Review Board approved the annexation proposal on June 11 , 2001 . This annexation contains approximately 266 acres and is located between 116th Avenue SE and 132nd Avenue SE and SE 231st and SE 240th. The proposed ordinance would annex the DeMarco Annexation area effective July 1 , 2001 . Planning Manager Satterstrom estimated the population of the area to be 750 and said it is a natural addition to the city. He said the proposed budget was recommended for adoption by the Operations Committee, and that zoning hearings will be held in July and August . The Mayor opened the public hearing. Lena Tetter, 23607 120th Avenue SE, owner of 4 . 75 acres, said she is in favor of the annexation but believes that the zoning should remain the same as it was in the county. Jean Lambert, 12451 SE 235th, spoke in favor of the annexa- tion, ' noting that her concerns were increased traffic, poor Police response from the county, and the impact to 9 Kent City Council Minutes June 19, 2001 -' ANNEXATION already over-crowded schools . She thanked Mike Martin, Fred Satterstrom and Planning Services staff for their support . Fred Mendoza, 555 W. Smith, representing Mr. Lotto and Ms . Teeter, reiterated that his clients support the annexation, and said his issues regarding zoning will be addressed when the time comes . Vicki DeLuski, 23624 123rd Place SE, voiced support of Ms . Lambert ' s comments and said many more people are also in support of the annexation. There were no further comments and ORR MOVED to close the public hearing. Woods seconded and the motion carried. BROTHERTON MOVED to adopt Ordinance No . 3562 including Exhibit C, annexing the DeMarco Annexation area effec- tive July 1 , 2001 . Clark seconded and the motion carried. ANNEXATION ZONING (OTHER BUSINESS - ITEM 7A) - DeMarco Annexation Comprehensive Plan and Zoning Map Amendment. On March 14 , 2001, the City received a 60% annexation petition to annex an area commonly referred to as the DeMarco Annexation. The City Council has accepted the petition and a Notice of Intention to Annex was filed with and accepted by the King County Boundary Review Board. The land use and zoning designations must be established for the annexation area, requiring an amendment to the Comprehensive Plan. The Comprehensive Plan is updated only once annually, unless an emergency is declared due to an issue of community-wide signifi- cance that promotes the public health, safety and general welfare . The proposed resolution would declare such an emergency and would allow for the amendment of the City' s Comprehensive Plan. BROTHERTON MOVED to pass Resolution No. 1596 relating to the DeMarco Annexation and declaring an emergency to amend the Comprehensive Plan. Orr seconded and the motion carried. COMMUTER RAIL STATION GARAGE (OTHER BUSINESS - ITEM 7B) Kent Commuter Rail Station Garaoe Conditional Use Permit Council Findings and Conclusions on Appeal Hearing. Written Findings and Conclusions are presented 10 Kent City Council Minutes June 19, 2001 COMMUTER RAIL STATION GARAGE for Council adoption sustaining the Hearing Examiner' s Findings and Decision in Case No . CE-2000-9 regarding the Kent Commuter Rail Parking Garage . Don Shaffer submitted comments and exhibits related to the decision, and stated that when the north location was selected for the station, the property did not include the current garage site, therefore the environ- mental review did not include that site . He asked Council to review his comments and take action at the next meeting. ORR MOVED to adopt Findings and Conclusions sustaining the Hearing Examiner' s Findings and Decision in Case No. CE-2000-9 regarding the Kent Commuter Rail Parking Garage. Woods seconded and the motion carried with Amodt and Epperly opposed. CABLE TV (CONSENT CALENDAR - ITEM GE) AT&T Public Access Studio. PASSAGE of Resolution No. 1595 confirming fulfillment of the franchise obligation of TCI Cablevision of Washington, Inc . known as AT&T Broadband, to provide, maintain, and operate a public access facility. Under Section 5 of its Franchise Agreement with the City of Kent , TCI Cablevision of Washington, Inc . , known as AT&T Broadband ( "AT&T" ) , assumed an obligation to pro- vide, maintain, and operate a public access studio for the City during the life of its franchise . AT&T has reached an agreement with the Cities of Auburn, Burien, Kent, Renton, SeaTac, and Tukwila to fulfill the franchise obligation described in the attached Resolution by a one-time payment of $3 , 701 , 942 . 78 to Puget Sound Access Foundation, a Washington non-profit corporation. The Access Funds will be used solely for the purpose of constructing, equipping, operating and maintaining a public access studio and administering the functions of the public access channel (s) provided by AT&T for the use and benefit of the Cities . 11 Kent City Council Minutes June 19, 2001 APPOINTMENTS (CONSENT CALENDAR - ITEM 6J) Public Development Board Reappointments . CONFIRMATION of the Mayor' s reappointments of Ms . Charlene Shaw and Mr. Dick Lackey to continue serving as members of the Kent Downtown Public Market Development Authority Board of Directors . Their new terms will continue until 5/31/2005 . FACILITIES (BIDS - ITEM 8C) Re-Roof Corrections Facility. AUTHORIZATION to award a contract to Kruger Sheet Metal for the Corrections Facility Re-roof Project in the amount of $246, 453 . 76 for base bid, plus Alternate #1 in the amount of $7 , 193 . 86, and Washington State Sales Tax, as recommended by the Parks Director. Seven bids were received for the Corrections Facility Re-Roof project . The Engineer ' s estimate was $375 , 000 , including Alternate #1 . WOODS MOVED to award a contract to Kruger Sheet Metal for the Corrections Facility Re- roof Project in the amount of $253 , 647 . 62 , plus Washington State Sales Tax. Epperly seconded and the motion carried. FINANCE (CONSENT CALENDAR —ITEM 6B) Approval of Bills . Nothing for approval, as the Operations Committee was cancelled. Approval of checks issued for payroll for May 1 through May 15 and paid on May 18 , 2001 : Date Check Numbers Amount 5/18/01 Checks 251950-252327 $ 288 , 976 . 91 5/18/01 Advices 111591-112247 1 , 055 , 977 . 02 $1, 344 , 953 . 93 Approval of checks issued for payroll for May 16 through May 31 and paid on June 5, 2001 : Date Check Numbers Amount 6/5/01 Checks 252328-252690 $ 287, 726 . 94 6/5/01 Advices 112248-112955 991 , 074 . 53 $1, 278 , 801. 47 12 Kent City Council Minutes June 19, 2001 REPORTS Council President. Orr expressed thanks to those young people who participated in the Drinking Driver Task Force Design Contest, and to the staff for publishing the posters on the government channel . ADDED ITEMS (CONTINUED COMMUNICATIONS - ITEM 11A) Street Widening Project. Michelle Campbell, 11444 SE 257th Place, #D201, representing homeowners in the Twin Firs Condominiums, expressed displeasure with the street widening project at 256th and 116th, citing vandalism, safety and security problems . She stated that this has resulted in costs for the homeowners association, and that not all of the conditions in the agreement have been met . Interim Chief Administrative Officer Martin offered to address the problem with Ms . Campbell and to get Ms . Campbell ' s information and photos . (CONTINUED COMMUNICATIONS - ITEM 113) Golf Course. Robert O 'Brien, 1131 Seattle Street, proposed putting the 9-hole golf course, the driving range and the miniature golf course out to bid for Kent ' s small business enterprise contractors . He outlined figures and said the facilities present a unique opportunity for the City of Kent to promote small business ownership for Kent ' s citizens . (CONTINUED COMMUNICATIONS - ITEM 11C) Budget Cuts . Joe Rubio, 3831 S . 248th, suggested the following budget cuts : Mayor' s salary of $1 . 00, have no Administrator, cut travel budgets to Sister Cities, drop the Saturday Market, and dissolve the Kent Downtown Partnership. Mayor White pointed out that the Kent Downtown Partnership is a private organization and the City has no control over whether it is formed or not formed, and that Sister City activity is funded for the most part privately. ADJOURNMENT ORR MOVED to adjourn at 10 : 00 p.m. Woods seconded and the motion carried. Brenda Jac er City Clerk 13 VF Kent City Council Meeting Date July 3 , 2001 Category Consent Calendar 1 . SUBJECT: WASHINGTON STATE TRAFFIC SAFETY COMMISSION (WTSC) GRANT - ACCEPT 2 . SUMMARY STATEMENT: The Kent Police Department requests acceptance of the WTSC grant entitled "Kent Drinking Driver Countermeasure Program. " The Kent Drinking Driver Task Force (DDTF) has applied for the grant funding from WTSC and anticipates receiving the State-signed original authorization with final allocation and budget summary from WTSC no later than June 29, 2001 . The effective dates of the grant are July 1, 2001 through June 30, 2003 , and the amount of the grant is $60, 000 . The Kent DDTF has received similar funding from WTSC since 1983 . 3 . EXHIBITS: WTSC Project Agreement 4 . RECOMMENDED BY: Public Safety Committee 5/8/01 (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C nev.�u�ut Washington State Traffic Safety Commission 1000 South Cherry Street PO Box 40944 Olympia, Washington 98504-0944 t Phone (360) 753-6197 j�Ji`� 9r1 Fax (360) 586-6489 " �I WWW.Wa.gOV/WLSC Dtf/cE, dfythe I'vig Yor Section 1 Authorization roiec: Title: Kent Drinkina Driver Counter-measure Procra^ 'ype of Apolication: Initial Revision: %VTSC Tracking Number WTSC use oniv wnershio of faciiities or eauipment, acouirea through this funding, snail be vested with -,he applicant agency, not :he state of /asmngton. However, facilities or eauioment acpuirea through this agreement shall be otiiized and retained in highway safety aerations during the useful existence of such eauipment or faciiities. Costs incurred for maintenance, repairs or support of such zwoment or faciiities snail de borne by the apolicant agency. Further, it is understood and agreed that the activity covered oy :His -ojec:, as more particuianv described in sections 2 and 3 artacnep thereto and mace a par, nerep', is unaeraKen under authority d'. 7itle -, Jnited States node and is subiec: td the administrative reouiatlons estaoiisnea by federal ❑uiaelines and -,fie Washington State -a-ffic Saiety Commission. apiinn[ Aoenc}:iOrganiza tior. - - -• -oiec: Director information: dine y Address ,tit .Address onamre >� - �, I � r , � eF7"�1 CiIV. State. Zip _ -mau Address y^ area Code Phone 2"- ooiicant AgenC" Autnorizing pfficfal (person wttr. contracting authorirvi ii different irom aoove: •oan:zttwn C- .Cent - ame 1�'1', ie Address - 0' .enL de �Or• Address ''� -an JOU711 ( ' n� grad to reA/pw Cii}'• Stare. Zin Ce 1 53 p - Area Code Phone WTSC Use Only: %TSC Program Manager anned Project Duration: From: July 1, 2001 To: June30. 2003 oproved by: ime:__. State Project Number: tle. Director,WTSC State Funds (obligated)S -nature: tte: Oertiffcations and Assurances t is hereby understood that this application and attachments hereto. when approved and signed by all concerned parties, as indicated shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole. This agreement is based on guidelines found in the Common Rule, OMB Circular A-102.in order to Standardize and simplify federal grants. The signature below Gr an authonzed representative of the applicant agency certifies and assures that all the following conditions will be met. ) Reports—The Contractor shall submit quarterly reports,a final report at end of project,and submit special reports as outlined Project Agreement.Addendum A,Billing and Report Requirements. _) Coovrights. Publications, and Patents—Where activities supported by this project produce original copyright material, the Contractor may copyright such, but the W7SC reserves nonexciusive and imevecable license to reproduce, publish, and use such materials and to authorize others to do so. The Contract, may publish, at its own expense, the results of project activities without prior review by the WTSC provided that any publications (written, visual, or sound) contain acknowledgment of the National Highway Traffic Safety Administration (NHTSA) and the WTSC support. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether or not patent protections will be sought, how any rights will be administered,and other action required to protect the public interest. :) Tem,nation — This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to non-availability of funds, failure of the Contractor to accomplish any of the terms herein, or Tam any change in the scope or timing of the project. -) =;scat Records—Cemolete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project, including documentation ct ail purClases Of sucplies,equlpmen% and services:travel expenses: payrolls: and 'time records of any person employed part-time on this project. Federal, sate, or WTSO auditors snail have access to any records of the Contractor. These records snail be retained ror three years after the final audit is comotetec and all cuestions resolved. 1 =uncinc —71he Contractor will utilize funds Orovieed therein to suoptement and not to supplant sate and kcal runes otherwise available for these ourooses. =trncs are :o be expended oniv for curodses and activities aoPrOved herein. Reimoursement will oe made :anodically dy WTSC 'Or its snare Cased on accrovec cost reports. The Contractor will expend from nonfederal sources the required matcning amounts, v ridn snail be expended not ester tnan 30 cays '.oilowing the completion of the projec:s. -st D-rc Oles and Grant Manademer[-The allOwadlity C'cos'S r.cure0 and the management of this -.'diet:snail be Cetemined in accordance with 'ne :aide Management and Buceet ;OMB) Grcuar A-a7 and 39CFR. Par, 18 for sate and loca: agencies. CMB arculars :, and 1--,13 for ecuca::cna. -nstauncrs.and OMB C,rcuiar A-12_2 for ndneront entities. -Acetic, =9ncs - ederal runes may not de collcaled oncr:o the erec.ive date or suosec'uer•t :- the temtnatiCn date of:his orciect period. oblicatics =instancing as me terminancn date snail oe rcuicateo within 3o days. �7ances-7,1e'Dont, Ctcr must Ooalr•prior written. approval rrom Ine v,7SC ror major n,oiecn pnances. :ncucmc: chances of suosance Ir oroiec:doie=ves. zva[ua:;on. ac:[vnles, :tie caroled:manace.r. .[ev perscnne!. or:rdlec::uccet. -- — n=m.e earrec cv me Contractor wnn rescec: :0 me concu-: of me orbjec: [sale a c..p:ICaucns, :ac:srauen fees, service onarees. etc., mus: :e cJcuntec`.Cr and income acoliec to oroiec:cL'rocses cr;n reduccon of oroiec:Coss. rases—'urcnase or ecutoment or services must comow whin sate or local regulations. Aner me end or:de oroiec:period. eqummenl veil continue :c ce �urzee ror nicnwav safety purposes or will not oe msooseo of wthout written approval o:the`>,( SC. -he Odn:lac:-r snail maKe and maintain an Invent,--i ecuicmerlt to Include desccuons, serial numers, locauons.:Casts cr other identifying Inromaucn. and sucml:a ccov to the VV1SO. ^.ir- PPri+ �amcmars - No contact or attreemenf may oe entered into ov the Contracor relate- to :his oroiec:, wniC, are not incorporated herein ..,c aporovec In advance ov the W T Su. Shall De provided that ne the Contractor will retain ultimate ocntrcl and resoensioliry for the oroiec:. bvTSO snail _ne :rov[dec with a copv of ail sucO contracts and agreements entered into oy Contractors. Anv contract or agreement must ailow ror :he creates: comoeuuon :rac:iczDie and evidence or such comoetivon or'.ustification'dr a negotiated contract or agreement:rovtdee :: .,,_'X73C. :arrrry iwn=- 3 women-Owners :us:ness = ^_rises — —he contactor waii utilize ninon C+-owned arc women-ovmec pusiness enterprises. avauao!e. .col-n are ce-niec cv me Office or Minon:v and Women s Business Bnteronses under:tie sate cr.asmnctcn 'ari5cauon crocnam. 7ne ':'.-'SC estaoi sriec a!s :r 1.'1e collar value Of all contracts awarded Dv the Aoertc'. The oercent or 1C.1 oe awarce- :d minorr,-owneo Duslnesses and =... ..e awarded !c wcmerawned :usmesses. -he autnonv for:nls recuvement is RC'N-9.19 es sec.and r tries :rcmu:cated [hereunder. (Federal Funds omv. -in Disaollities Act-!n the oencmance of this agreement. 'ne Contractor snail ocmow whin the provtsions of Title VI of civil Rignts Act of 'C64 _ L'SC 10c. Section do4 or the Renaoiilation Act cr 1973 29 USC 794 Chapter 49.eO RC::'. and -!tie I of .1e.Amenrans wimp Disabilities Act 42 USC 12'.:- _.17 as ❑ow or nerearier amended. The Contactor snail not e:sdnmmate on the crouncs c' race. color, nanenal origin, sex, religion, marital status, age. creed, Viemam-Era and Disaolee Veterans status. or the presence or any sensory, mental, or onvstdal hancicart In any terms and conditions of emplovmen: c ncluee taKtng affirmative action necessary to accomplish me orliectives of this part and denving an individual :tie opportunity,to participate In anv program -rovtded dy tnls agreement triougn the provisions Of services.or otherwise afforded others. =1 =cliecal Activities - No runes, materials, ecuomenl. or services provided herein shall tie used for anv Dartlsan IdaiRiai actrvlry or to funner the election of -ereat of anv Candidate for dubilc office or to cav any person to influence or attempt to influence an officer or emotovee of congress, or an employee of a -lemoer of :oncress, an officer or employee or Congress to connection whin :he awareing or any federal loan or the entering in or any cooperative acreemens. `.? Sircle Audit— Sate and local covemmens :hat receive federal assistance are subject :o the audit requrements of the Office of Management and Buccet OMB) D.rcular A-t26. An institution of higher education or a nonorofit entity must com0ly ulna audit requirements In OMB Circular A-133. An Ipdeven0ent aucd of the rinancial operations, inducing compliance with provisions of federal law and regulations of all funds expended, must be arranged for ov the c-ntrac:or. A coov of the pommeled audit must be submitted to the WTSC. :) Seat Belt Policy—No funds, materials, property, or services will be provided to any political suocivision that does not have a Concurrent and acuvely enforced ooncy reduinng the use of seat belts. -) Drug Free Workplace — In accordance with the Anti-Drug Act Of 1988 41 USC 702-707 and Drug-Free Womolace, 42 USC 12644. the WTSC ties the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or suo-grantee of the Agency and/or any such activity is prohibited in the workplace. �) DeDament and Suspension - The applicant agency certifies,by submission of this pr000saf, that neither it or its principals is presently debarred,suspended. proposed for debarment, declared Ineligible,or voluntary excluded from participation in th, :ransacon by any Federal dep(artmeent or agency. -applicant Agency Authorized Signature �� Date LI Washington Traffic Safety Commission Project Section 2 Description of Activity In this section, the following five elements should be defined in narrative form: (1) Problem Identification, (2)Project Goal(s), (3) Project Activities and Tasks, (4) Project Evaluation and (5) Budget (explain how funds will be used and details of any matching funds.) Please clearly label each element using the titles listed above, and limit Section 2 to three single-sided pages using nothing smaller than a 12-point font. The mission of the Kent Drinking Driver Task Force is to increase awareness of traffic safety issues with an effort to reduce the number and severity of traffic collisions through problem analysis, identification, enforcement and education. Problem Identification Kent's population of 79,524 (and sphere of program delivery to the 628.000 citizens of South King County) has doubled in the past ten years, making it the ninth largest city in the State. In the eighteen years since the inception of the Drinking Driver Task Force, the City of Kent landscape has moved from primarily rural and small city to large industrial complexes, with commuter traffic and employment at twice the population. In addition to significant growth. the City has an increasingly diverse population with large numoers of low income, immigrant and refugee populations who do not know our traffic laws, the consequences or the justification. Senior citizens and children are becoming an _increasingly larger percentage of the population. When formed in 1983, Kent had the highest alcohol-involved collision rate for a city of its size statewide, at 12% of collisions. While Kent's alcohol-involved collision rate is now holding steady at under two percent of all crashes, DUI citations are increasing and total collisions rose 28% from 1998 to 2000. There were five fatais in 1998; 1 in 1999; none in 2000; and 2 (to date) in 2001. During 2000, in 33% of the alcohol-involved collisions the driver was between 18 and 26 years old. As a mayor, council and police department advisory board on highway safety in Kent, the Drinking Driver Task Force Steering Committee membership address the problems caused by the inappropriate, unhealthy and/or illegal use of our roadways. To ensure the safety of Kent streets and highways is a high priority in our community and health promotion programs which support role modeling, leadership and personal responsibility receive our continued commitment and support. The Steering Committee met as sub-committees and as a committee of the whole to develop and prioritize logic models for each of the following program goals and objectives. These working documents are available on request. Proiect Goals/Objectives (primary) Impaired Drivina/Traffic Safety 1) To reduce the incidence of drivers under the influence of alcohol and/or other drugs through prevention and intervention methods as measured by Kent alcohol-involved collision data. 2) To improve highway safety through public awareness ,nd enforcement, focusing on impaired and aggressive drivers, and by encouraging occupant astraint use, as measured by DUI arrests and traffic citations. Child Restraints & Seat Belts 1) To increase restraint compliance. 2) To reduce injuries and fatalities due to lack of use through increased awareness, education and enforcement. 3) To identify a funding source for child safety seats for low income families. The program _ will record attendance at inspections and the distribution of child restraints. Observational surveys and collision data will also measure increased use resulting in a reduction of injuries. Pedestrian 1) To reduce pedestrian injuries and fatalities among targeted problem groups as measured by collision data. 2) To commit the "Step-Up" curriculum into a written format and provide to the WTSC. Youth Traffic Safety 1) To reduce collisions by educating youth as measured by attendance at the wellness conference and through campus follow-up project reports. 2) To increase seat belt use among youth to reduce injuries as shown in Kent collision data. 3) To establish and articulate norms which promote zero tolerance as demonstrated by community involvement in the youth-driven RUAD grant awareness and prevention program. Youth Drug/Alcohol Use 1) To reduce risk-taking behaviors. 2) To reduce drug and alcohol involved collisions. 3) To reduce the supply of alcohol to minors by 25% over two years through education and sting operations. The Youth Board will implement projects and programs which address these wellness issues. Youthful participation will be recorded. Youth Violence 1) To create a safe non-violent community for youth at home and school. 2) To promote positive life skills choices and reduce risk-taking behaviors. 3) To promote zero tolerance for youth violence. The Youth Board will implement projects and programs which address these wellness issues. Youthful participation will be recorded. Project Goals/Obiectives (secondary) Bicycle. Helmet and Scooter 1) To increase motor vehicle operators' awareness of bicyclist's vulnerability in traffic. 2) To collaborate with the Fire Department to increase bicycle helmet use in order to reduce injuries. 3) To provide training and encourage enforcement of bicycle, scooter and helmet use laws. Trains 1) To monitor safety and compliance. Motorcycles 1) To maintain current low level of problems and incidents. Kent had one fatal in February 2001. A cyclist, wearing a helmet and observing traffic laws, was struck by a vehicle in an intersection. Project Activities and Tasks (primary only) Impaired Driving/Traffic Safety: Support DDTF Steering Committee and systems coordination. We agree to conduct coordinated multiple-agency emphasis patrols on five high visibility (holiday) dates and conduct four coordinated emphasis patrols at high incident locations. Explore new education programs to address: red light running; 2-way left turn collisions; the youthful male driver; speeding, racing, aggressive driving and road rage. A .75 FTE Coordinator will provide staff support. Occupant Protection: Participate in 3-Flags Campaigns including 100-car surveys. Initiate awareness programs including: Design Contest, Classroom Safety Education, Safety Fairs, Youth Conference, and Buckle-Up Week. Training opportunities will include CJTC cadets, as well as Certified Technician and Inspection training. Parent and family education will be incorporated into community events, presentations, inspection events, birthing classes, and the city's employee wellness activities. A .875 FTE Public Education Specialist - will provide staff support. Pedestrian: Evaluate 2000/2001 "Step-Up" program at East Hill Elementary. Identify revisions if necessary and implement the program at a second Kent elementary school. Do observational surveys and compliance emphasis at problem school zone sites. Promote awareness at safety fairs and other events. (same staff person as above) Youth Wellness The Youth Wellness Conference addresses youth traffic safety, including drug and alcohol use. It also serves as a forum to establish and articulate community norms to promote zero tolerance of risky behavior such as drug and alcohol use which contribute to crashes, violence and criminal activity. This Youth Board-driven South King County project will apply for grant support from CTED (LEEP), King County Health Department (AOD), and WTSC (RUAD). Other programs which focus on youth decision-making will include the poster contest, emphasis patrols, and public information campaigns including the implementation of the graduated license law. A .875 FTE Program Manager will provide staff support. A .50 FTE Program Assistant will assist the program manager and is lead on the RUAD Grant. Project Evaluation - Annual The Task Force will provide a quantitative document of monthly/annual activity including public events (50), emphasis patrols (9), youth conference participants (300), school follow- up projects (35 reaching 18,000), number of contacts (100,000), material distribution 150,000), requests for assistance (1 ,000), contributions/grants ($100,000), matching support ($200,000) and volunteer hours (500). Quarterly reports will summarize activity, publicity, program summaries and evaluations. Data (DUls, collisions, attendance and follow-up activities. KSD incidents, King County demographics and epidemiology) will be monitored and serve as a qualitative evaluation. Effectiveness surveys will be conducted at the conclusion of some programs (design contest, youth conference, child passenger safety team events). An annual written analysis of program goals, outcomes and measurement will precede the development of goals and objectives for the succeeding year. Budaet Narrative The WTSC grant dollars will cover approximately one-half of the coordinators salary and benefits. It will also be used to support program expenditures to include travel, subsistence, and localized material production. The City of Kent will match those dollars and also pay in full the salaries and benefits of two 35-hour per week FTEs and one 20-hour per week FTE. The City of Kent will provide administrative and professional support services, operating supplies, postage, facility and equipment, printing, training and other goods and services. Community donations of in-kind, cash, fees, goods and services and volunteer time will reach $25,000. Grants from other agencies will support program funding in excess of$50,000. Total WTSC grant request is $30,000 annually, $60,000 for the biennium. Total project oudget will be $250,000 annually and $500,000 bi-annually. Kent will request additional program support in the form of grants from CTED (LEEP), Seattle/King County Health (AOD), and WTSC (RUaD). wtscGO1 Washington Traffic Safety Commission Project Agreement Section 3 Budget Summary Budget: (If aoolicable) WTSC Costs Applicant Matching/ Contributing Cost Salaries and Wages: S 42,500 S _ ?,336 _. =moiovee Senefi:s: S 1_3,no, S o4,330 -ravei an-- Sudsistence: _ o S �� -. rzc. a! Services E. _. =occs anc Services: - - o:zi nnes'-3 z.moun: Reguestec 'rom b;'-,,,, Ines '-o 1 ;moun: 2"o-w-ec :V zco!ican Total Proiec; Cos: IAdd lines ' & 81: z - GOJ WTSO Use Onlv Cost Sharing ! Matcning Share: (Washington Traffic Safety Commission use only) WSP Field Salaries FY Share Amount Percent Aoolies To: Feceral: S State: State: S Local: Political Subdivision: S ! Total Estimated Cost: S i ! i 2001 - 2003 WTSC Grant SECTION 3: BUDGET AND COST SHARING - (Two Years) State C itv Total 1. Employee Wages $ $ $ a. Program Coordinator (.75 FTE) 42,600 42,600 85,200 b. Public Ed Spc (.875 FTE) 78,114 78,114 c. Public Ed Spc (.875 FTE) 70,750 70,750 d. Program Assistant (.50 FTE) 36,650 36,650 e. Overtime 750 750 f. Project Director (5%) 10,428 10,428 g. Unit Supervisor (5%) 8,544 8,544 h. City Staff Support 12,000 12,000 Total Wages $ 42,600 $259,836 $302,436 Explanation of Wages: a. Program Coordinator: 30 hours week (DDTF Project Coordinator)) b. Public Education Specialist: 35 hours week (Highway Safety Specialist) c. Public Education Specialist: 35 hours week (Youth Conference Manager) d. Program Assistant: 20 hours week (DDTF Support) f.-h. Support positions include police chief and unit lieutenant; city accounting, _ legal, graphics, human services, public education, parks, etc. State Citv Total 2. Employee Benefits S S $ $ a. Program Coordinator 10,000 10,000 20,000 b. Public Ed Spc 1 18,528 18,528 c. Public Ed Spc 2 18,528 18,528 d. Program Assistant 9,380 9,380 e. Project Director (5%) 2,160 2,160 f. Unit Supervisor 2,160 2,160 g. City Support Staff 3,600 3,600 Total Benefits $ 10,000 S 64,356 $ 74,356 State City Total 3. Travel and Subsistence $ $ $ a. Travel/Subsistence 600 1,282 1,882 Total Travel/Subsistence $ 600 $ 1,282 $ 1,882 Explanation of Travel and Subsistence a.-b. May include meals, food and training tuition for volunteers, staff and presenters; WTSC grant $ may be used for either travel or subsistence. State altv Total - 4. Goods & Services $ $ $ a. Office Supplies 1,100 1,100 b. Tools 500 500 c. Software 1,518 1,518 d. Postage 1,692 1,692 e. Telephone 3,306 3,306 f. Photocopying 2,622 2,622 g. Education Materials 6,800 6,800 h. Reprographics 4,248 4,248 i. Office Space 7,200 7,200 Total Goods & Services $ 6,800 $ 22,186 $ 28,986 Explanation of Goods & Services a.-g Based on 2001 budget and actual expenditures to date.; h. 350 sq ft ! 10.31 so ft = $ 3,609 State Citv Communitv Total 5. Other Community Donations $ 3 $ $ a. In-Kind 10,676 10,676 b. Cash/Grants 39,667 39,667 c. Fees 1 ,896 1,896 d. Goods & Services 15,393 15,393 e. Volunteer Time 24,708 24,708 Total Community Donations $ $ 10,676 $ 81,664 $ 92,340 Explanation of Community Donations a.-a. Based on 2000 ActualS State Citv Total BIANNUAL PROJECT BUDGET 2001 THROUGH 2O03 State Citv Community Total $ 60,000 5358,336 $ 81,664 $500,000 wtscgb01-03 o ! ni •�1 inn:d' INTERAGENCY AGREEMENT BETWEEN KENT POLICE DEPARTMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW is made and entered into by and Between the Kent Police Department, hereinafter referred to as "KPD" and the WASHINGTON TRAFFIC SAFETY COMMISSION, hereinafter referred to as "WTSC". IT IS THE PURPOSE OF THIS AGREEMENT to assist WTSC in a project titled: Kent Drinking Driver Countermeasure Program. IT IS. THEREFORE, MUTUALLY AGREED THAT: STATEMENT OF WORK K. shall do all things and conduct all activities as described in the Project Agreement attached 'hereto and incorporated herein. PERIOD OF PERFORMANCE Subiect to its other provisions. the period of performance of this ageement shall commence on July 1, 2001, and be completed on Tune 30. 2003, unless terminated sooner as provided herein. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed S60.000.00. Pavment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. Compensation for service(s) shall be based on the followinL rates or in accordance with the following terms or as set forth in accordance with the budget attached to the Project Agreement, which is attached hereto and incorporated herein. BILLING PROCEDURE WTSC will reimburse KPD upon receipt of a properly executed State Invoice Voucher and supporting documentation. Inv-ices specifying the work done and the charges for such work shall be furnished to WTSC at the end of each month ui both parties agree to an alternate schedule. Claims for payment submitted by KPD to WTSC for costs due and payable under this agreement that were incurred prior to the expiration date of the contract shall be paid by WTSC if received by WTSC within 30 days after the expiration date of this Agreement. RECORDS MAINTAINENCE KPD and WTSC shall each maintain books, records, documents and other evidence which sufficiently and properl% reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authori--1 be either party, the Office of the State Auditor and federal officials so authorized by law. All books, records, doCL .its and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors and any other person duly authorized by the parties shall have full access and the right tc examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless othentiise provided, data that originates from this Agreement shall be "works for hire" as defined by the i:.S. Copvright act of 1976 and shall be owned 'ov the Stare of Washin,ron. Data shall inciude, but not be iimited to, repots, documents, camphiets, advertisements, books, magazines, surveys, studies, computer programs, films. ;apes, and/or sounc reproductions. Ovvnershin includes the right to copyright, patent, rezister, and the ability to transfer these rights. INDEPEIMEN T CAPACITY ine empiovees or agents of each party who are engaged in the pe formance of this agreement shall continue m,oe empiovees er agents of that part,and shall not be considered for anv puroose to be empiovees or agents of the other 1 AGREEMENT ALTERATIONS AND AMENDMENFTS phis . zreement may be amended by mutuai agreement of the parries. Such amendments shall not be bindin_s unless thew are ip writing anc sided by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terns of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17 30, in which event the Governor's process will control. GOVERNANCE Th. greement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. in the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work; and Anv other provisions of the agreement, including materials incorporated by reference. ASSIGNMENT the work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either oany in whole or in part, without the express prior written consent of the other party, which consent shall not be =reasonably withheld. NAIVER ailure by either party to exercise its rights under this kzrernent shall not Dreciude that narty from subsequent exercise )r such rights and shall not constitute a waiver of anv other rights under this Agreement unless stated to be such in a v n� signed by an authorized representative of the parr to e y and attached th ori tginal agreement. �E\ ERABILITY anv provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such nvaiidiry shall not affect the other provisions of this agreement which can be given effect without the invalid provision, if ;uch remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this _nd the provisions of this Agreement are declared to be severable. yONDISCRIMINATION n the nerformance of this Agreement, KPD shall comply with the provisions of Title VI of the Civil Rights Act of 964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) arfd Chapter 49.60 RCW, as now or iereafter amended. KPD shall not discriminate on the grounds of race, color, national origin. sex, religion, marital ;talus, age, creed, Vietnam-era and disabled veterans status or the presence of any sensory, mental or physical handicap n: a. Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part; and b. Denying any individual the opportunity to participate in any program provided by this agreement through provision of services, or otherwise afforded others. n tr,� event of KPD noncompliance or refusal to comply with the above provisions, this agreement may be rescinded, :anceled or terminated in whole or part. KPD shall, however, be given a reasonable time in which to cure this ioncomphance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. INDEMNIFICATION Each parry shall defend, protect and hold harmless the other parry from and against all claims, suits and/or other actions arising from any negligent or intentional act or omission of that pain's employees, agents and/or author,-d subcontractor(s) while performing this contract. SAVINGS In the event funding from state,federal or other sources is withdrawn, reduced or limited in any way after the effective date of this contract and prior to normal completion. WTSC may terminate this contract under the "Termination" clause, subject to renegotiations under those new funding limitations and conditions. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terns and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. CONTRACT -VLANAGEMENT he program manager/project director for each of the parties shall be responsible for and shall be the contact person for ail :ommumcations and billings regarding the performance of this Agreement. The Program Manager for WTSC is: Gina Beretta PO Box 40944. Olympia. WA 98504-0944 360-753-4175. FAX 360-586-6489 E-mail: aberettar.wtsc.wa.gov i he Project Director for Kent Drinking )river Countermeasure Program is: Chief Ed Crawford Kent Police Den_ artment 220 4`' South Kent. WA 98032 253-856-5888 E-mail: ecrawfordr ci.keut.wa.us N WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT. Aty of Kent Washington Traffic Safety Commission )ate) (Date) PPROVED AS TO FORM: FFICE OF THE ATTORNEY GENERAL Kent City Council Meeting Date July 3 , 2001 Category Consent Calendar 1 . SUBJECT: SERVICE CLUB BALLFIELD DONATIONS - ACCEPT AND AMEND BUDGET 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, accept the Kent Lions Club donation of $11, 000 . 00 and the Soroptomist Club donation of $3 , 500 . 00 and amend the Service Club Ballfield Project . 3 . EXHIBITS: Copies of checks from the Kent Lions Club and the Soroptomist Club of Kent 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: Revenue of $14 , 500 . 00 SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D I ' oD o . . m a a MEMO TREASURER'S RECEIPT ag CITY OF KENT No. M 37885 ❑ ;; $ y x 0711 Ln DATE Jr/) -a a a + O ❑ ENGINEERING �• �/- t. °• y DEPARTMENT PARKS �� 1�91�?LSy7G'7 A� fauna+ � • ap r ❑ POLICE o NC"y DEPARTMENT ❑ OTHER SPECIFY RI • O L n Z REC'D.OF X2�1?7- H4�'LS O O FOR:(DESCRIPTION) AMOUNT r0 LIT $ ��. I W Ln ❑ FCn p . 0 Ln I o < Q O N �' w3 > p rn yy • z I mo I _ . N Z I 1 • .' � 1 1 • ' 1 TOTAL AMOUNT RECEIVED $ *65740 ❑ CASH $ u CHECK $ �� •� ` - a c p S $ i REC'D.S CASHIER CUSTOMER COPY o y r a a m cn ( • I 4611 SOROPTIMIST INTERNATIONAL OF KENT P O BOX 456 19-10/1250 3353 Y KENT,WA 980352456 DATE PAY TOTHE $ .5-2 -0 ORDER OF- _ ��• DOLLARS 81 Ir n w tmm FOR • 115004 IL1'� i: L25000L05i: L53502215160ul ! o n cmi ❑ ❑ K 2 0 C m OJ m u On D U O a ❑ m (� m 'i o m z 1 m Xi. m 9 m h m m m a o S m � n U V Z 00 1 O - - - - - - - - - - - - - - 6- 00 m O Kent City Council Meeting Date July 3 , 2001 Category Consent Calendar 1 . SUBJECT: FEE IN LIEU BUDGET TRANSFERS - APPROVE 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, accept fee-in-lieu funds totaling $35 , 098 .27 and amend the Clark Lake, Service Club Ballfield and Clark Lake Park budgets . Between January and April 2001, the City of Kent received a total of $35, 098 . 27 from three subdivisions that make fee-in- lieu payments instead of dedicating parkland to mitigate the development of single family homes . The city has five years from the date of deposit to spend these funds for park acquisition, development, or open space . These funds will be applied to a park close to the subdivision, as outlined below: Emerald Ridge - Clark Lake Park $15 , 150 . 00 Pacific Peaks Service Club Ballfield 5, 500 . 31 Burkhardt Heights Clark Lake Park 14 , 447 . 96 Total $35, 098 .27 3 . EXHIBITS• None 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : Revenue of fee in lieu of funds : totaling $35 , 098 .27 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E Kent City Council Meeting Date July 3 . 2001 Category Consent Calendar 1 . SUBJECT: SURPLUS HAAK HOUSE - APPROVE 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, approve designating the house located at 11525 SE 240th Street in Kent as surplus . The property was purchased by the City as part of the East Hill Youth Extreme Park. The house located on the property is not essential to the City and needs to be designated as surplus, in order to be removed. Upon approval, the house will be advertised for bidding. 3 . EXHIBITS• None 4 . RECOMMENDED BY: Staff and Parks 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. 6F Kent City Council Meeting Date July 3 , 2001 Category Consent Calendar 1 . SUBJECT: KING COUNTY WORK TRAINING GRANT - ACCEPT AND AMEND BUDGET 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, accept the King County Work Training Program Grant in the amount of $20, 020 . 00 and amend the Youth/Teen Year Round In- School Project . 3 . EXHIBITS: Copy of letter of award from King County 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: Revenue of $20 , 020 . 00 SOURCE OF FUNDS : Kina County Community Services Division 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G King County Community Services Division Work Training Program Department of Community and Human Services 451 SW 10TH Suite204 Renton,WA 98055 FAX(206)205-5266 M/TDD(206)296-5242 May 21, 2001 Cheryl Fraser, Facility Manager City of Kent Parks and Recreation Department 315 E. Meeker St. Kent, WA 98032 Dear Cheryl: Please find enclosed four copies of your contract. D-30322-D, with the King County Work Training Program in the amount of S20,020.00 for the Year Round In-School Project. Please sign all four copies, retain one copy for your records and return three copies to: King County Work Training Program 821 Second Avenue, Suite 500 Seattle. WA 98104 ATTN: Debra Wood In addition to signing the contract, we also need the following forms completed and returned to us in order for the County to make payment on your contract: A Self Insured Letter(A letter or document indicating your insurance) A ADA Assurance of Compliance Form (Enclosed) j Authorized Signature Form (Enclosed) Training Site Agreement(Attachment to Contract) On the Training Site Agreement, it is not necessary to fill in the participants' names at this time. Just complete and sign the remainder of the document. Please send a completed version in with your first invoice. If you have any questions, please give me a call at 206 205-2863. Thank you. .Sincerely Cathy Jenner Project Manager, Stay In-School Program Kent City Council Meeting Date July 3 , 2001 Category Consent Calendar 1 . SUBJECT: WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY NON-RECOURSE REVENUE BONDS - RESOLUTION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, passage of Resolution No. , which voices the City' s support of Washington Economic Development Finance Authority' s ( "WEDFA" ) issuance of tax-exempt non-recourse economic development revenue bonds to support RMI Investors, LLC ' s purchase and renovation of an existing building, located at 19021 80th Avenue S . , Kent, for subsequent lease to Vectra Fitness, Inc . for the manufacturing of physical fitness equipment . 3 . EXHIBITS: Resolution 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, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, approving the action of the State of Washington Economic Development Finance Authority to issue non-recourse revenue bonds to finance an economic development facility for RMI Investors, LLC, and providing for other properly related matters. WHEREAS, on May 21, 2001, the Washington Economic Development Finance Authority ("WEDFA") had presented its Resolution No. W- 2001-012 (the 'Resolution"), a copy of which is attached hereto as Exhibit A, relating to the issuance of non-recourse revenue bonds wherein the proceeds of which would be loaned to RMI Investors, LLC (the "Company") for the purchase and renovation of an existing building for use as a manufacturing facility for fitness equipment (the "Project"), all as authorized by the Economic Development Finance Authority Act of 1989, R.C.W. Title 43, Chapter 163, as amended (the "Act"); and WHEREAS, on May 21, 2001, WEDFA unanimously approved the Resolution; and WHEREAS, it is the policy of the WEDFA not to issue revenue bonds except upon the approval of the county, city or town within whose planning jurisdiction the proposed industrial development facility lies; and 1 WEDFA- Non-Recourse Revenue Bonds WHEREAS, the Project lies within the boundaries of the City of Kent, King County, Washington; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. The Kent City Council (the "Council"), pursuant to the request of the Washington Economic Development Finance Authority ("WEDFA"), does hereby approve the issuance of non-recourse revenue bonds (the 'Bonds") by WEDFA for the purposes provided in the Act. SECTION 2. As authorized under separate agreements between the Project developer and WEDFA, the Council understands that the bonds shall be issued in the aggregate principal sum of not to exceed $5,650,000 pursuant to a Resolution of WEDFA. The Council further understands that these separate agreements will provide that the proceeds of the Bonds are to be lent to the Company, pursuant to a loan agreement or other appropriate financing agreement, and used for the purpose of purchasing, renovating and equipping the Project, including the necessary appurtenances, and to pay certain costs of issuance of the Bonds. SECTION 3. The Bonds shall not constitute an obligation of the State of Washington or of the City of Kent, and no tax funds or revenues of the State of Washington or of the City of Kent shall be used to pay the principal or interest on the Bonds. Neither the faith and credit nor any taxing power of the State of Washington or of the City of Kent shall be pledged to pay the principal or interest on the Bonds. SECTION 4. The City of Kent hereby approves the issuance of Bonds by WEDFA for the purpose of financing the Project as described herein, a qualified project under the Act. However, such approval shall not waive any of the land use, permitting, or other requirements applicable to this project. 2 WEDFA- Non-Recourse Revenue Bonds SECTION S. This Resolution is intended to constitute approval of the issuance of revenue bonds within the meaning of the policy of the Washington Economic Development Finance Authority. SECTION 6. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 7. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 8. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2001. CONCURRED in by the Mayor of the City of Kent this day of , 2001. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 3 WEDFA- Non-Recourse Revenue Bonds 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 2001. BRENDA JACOBER, CITY CLERK P:\Civi�Raolution\WEDFA-NoMmou eRevmueBon&doc 4 WEDFA- Non-Recourse Revenue Bonds EXHIBIT "A" RESOLUTION NO. W-2001-012 A RESOLUTION OF THE WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY TAKING OFFICIAL ACTION TOWARD THE ISSUANCE OF NONRECOURSE ECONOMIC DEVELOPMENT REVENUE BONDS IN ONE OR MORE SERIES IN A MAXIMUM AMOUNT NOT TO EXCEED $5,650,000 AND AUTHORIZING THE EXECUTION OF AN INDEMNIFICATION AND COMPENSATION AGREEMENT BY AND BETWEEN THE WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY AND RMI INVESTORS, LLC (the "Company"). WHEREAS, the Washington Economic Development Finance Authority (the "Issuer") is a duly organized and existing instrumentality of the State of Washington authorized and empowered by the provisions of RCW Chapter 43.163 (collectively, the "Act") to issue nonrecourse economic development revenue bonds for the purpose of carrying into effect the construction of improvements and the acquisition of personal properties and provide working capital suitable for use by any industry, and to loan its moneys when necessary or convenient to carry out its powers under the Act; and WHEREAS, the Company has informed the Issuer that it wishes to acquire, construct, equip, and improve the manufacturing facilities to be located in Kent, King County, Washington, as more fully described in Exhibit A attached hereto and incorporated herein (the "Site"), all of which are located within the territorial limits of the State of Washington, and the Company has requested the Issuer to issue nonrecourse economic development revenue bonds (the 'Bonds") in a maximum amount not to exceed FIVE MILLION SIX HUNDRED AND FIFTY THOUSAND dollars ($5,650,000) pursuant to the Act to carry into effect the acquisition, construction, equipping, and improving of real and personal property and provision of working capital at the Site to be used in the manufacturing facilities of the Company, as more fully described in Exhibit A hereto (the "Project'), to loan the proceeds of the Bonds to finance the acquisition, construction, improvement, equipping, and installation of the Project; and WHEREAS, a form of agreement designated as an "Indemnification and Compensation Agreement' has been prepared setting forth the respective agreements and undertaking of the Issuer and the Company with respect to the Bonds and the Project; and WHEREAS, it is considered necessary and desirable for the best interest of the Issuer that the Indemnification and Compensation Agreement be executed for and on the behalf of the Issuer; and WHEREAS, the Indemnification and Compensation Agreement requires the Company to pay all reasonable and necessary costs incurred by the Issuer in connection with the Bonds and/or in connection with the Project; and Resolution No. W-2001-012 Page 1 of 6 WHEREAS, the Issuer finds that the Project constitutes the development and improvement of economic development facilities under the Act; and WHEREAS, it is intended that this resolution shall constitute a declaration of official intent to reimburse Project expenditures within the meaning of Sections 1.103- (8)(T)(a)(5) and 1.150-2 of the Federal Income Tax Regulations. NOW THEREFORE, be it resolved by the Washington Economic Development Finance Authority as follows: Section 1. It is hereby determined that (a) the acquisition, construction and installation of the Project and its operation as an economic development facility; (b) the issuance of the bonds of the Issuer in one or more series and in a maximum amount not to exceed $5,650,000, to finance costs of the Project, such total costs to be financed by the Bonds presently estimated to be approximately $5,650,000; and (c) the execution and delivery of such contracts and agreements with the Issuer as are necessary to provide for the payment by the Issuer of amounts sufficient to pay the principal of, premium, if any, and interest on the Bonds, together with certain costs of the Issuer, will all be in furtherance of the Act. Section 2. Subject to the conditions listed in Section 3 below, including such other conditions as in the judgement of the Issuer and bond counsel are necessary to - insure the validity of the Bonds and the tax-exempt or taxable status of the Bonds, it is the intent of the Issuer to proceed toward the issuance and sale of the Bonds pursuant to the provisions of the Act. Nothing in this resolution shall be construed as legally binding the Issuer to authorize, issue, or sell the Bonds. Section 3. The authorization, issuance, and sale of the Bonds by the Issuer are subject to the following conditions: (a) the Company shall have caused to be issued an irrevocable letter of credit (the "Letter of Credit") by an investment-grade rated commercial bank, acceptable to the Issuer (the "Letter of Credit Bank"), which shall be used to pay and secure the Bonds or shall have secured a bond purchase agreement (the 'Bond Purchase Agreement') from an Accredited Investor, as such term is defined in 17 CFR 230.501(a), acceptable to the Issuer, for the purchase of the Bonds; (b) the Company shall enter into such contracts and loan agreements with the Issuer as shall be necessary to secure payment of the principal of, premium, if any, and interest on the Bonds as when the same shall come due and payable; (c) on or before two (2) years from the date hereof(or such later date as shall be mutually satisfactory to the Issuer and the Company) the Issuer and the Company shall have agreed to mutually acceptable terms and conditions of the contracts and agreements referred to in paragraph(b) of this Section 3; Resolution No. W-2001-012 Page 2 of 6 (d) the Issuer shall have received an opinion of bond counsel that, with certain customary exceptions, such of the Bonds which it is intended shall be issued as tax- exempt obligations may be so issued pursuant to the provisions of the Intemal Revenue Code of 1986; (e) if required, the Issuer shall have received an allocation of the State ceiling on private activity bonds imposed by Section 146 of the Internal Revenue Code of 1986 in an amount equal to the aggregate face amount of such of the Bonds as shall be issued as tax-exempt obligations, and shall have allocated such amount to the Bonds; (f) the Issuer shall have received evidence that the county, city, or town within whose planning jurisdiction the Project lies has approved the Project and the Bonds or such other evidence satisfactory to the Issuer that the Project will be welcomed by the community in which the Project will be located; and (g) such other conditions as in the judgement of the Issuer and bond counsel are necessary to insure the validity of the Bonds and the tax-exempt status of such of the Bonds as shall be issued as tax-exempt obligations. Section 4. The proper officials of the Issuer are hereby authorized to take such further action as is necessary to carry out the intent and purposes hereof under the terms and conditions stated herein and in compliance with the applicable provisions of law. Section 5. That it is deemed necessary and advisable that the Indemnification and Compensation Agreement be approved and executed for and on behalf of the Issuer. Section 6. That an Indemnification and Compensation Agreement by and between the Issuer and the Company be, and the same is hereby, approved and authorized and the Chair of the Issuer is hereby authorized to execute the Indemnification and Compensation Agreement on behalf of the Issuer. Section 7. Each Bond, when and if issued, shall substantially state the following language on the face thereof: THE OBLIGATIONS OF THE ISSUER HEREUNDER SHALL NOT BE DEEMED TO BE A DEBT, LIABILITY, OBLIGATION, OR PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF WASHINGTON, OF ANY MUNICIPALITY, OR OF ANY MUNICIPAL CORPORATION, QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE OF WASHINGTON, OR TO PLEDGE ANY OR ALL OF THE FAITH AND CREDIT OF ANY OF THESE ENTITIES. NEITHER THE STATE OF WASHINGTON, THE ISSUER, ANY MUNICIPALITY, OR ANY OTHER MUNICIPAL CORPORATION, QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE OF WASHINGTON IS OBLIGATED TO PAY THE PRINCIPAL OR THE Resolution No. W-2001-012 Page 3 of 6 INTEREST THEREON. NO TAX FUNDS OR GOVERNMENTAL REVENUE MAY BE USED TO PAY THE PRINCIPAL OR INTEREST THEREON. NEITHER ANY OR ALL OF THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OF WASHINGTON, THE ISSUER, IF ANY, OR ANY MUNICIPAL CORPORATION, QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR AGENCY THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR OF THE INTEREST ON THE BONDS. Section S. This Resolution shall be effective after its adoption. ADOPTED by the Washington Economic Development Finance Authority this 21 ST day of May, 2001. WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY BY: Chair Resolution No. W-2001-012 Page 4 of 6 EXHIBIT A DESCRIPTION OF PROJECT AND SITE The Project will consist of: Acquisition and rehabilitation of an existing building located at 19021 80'Avenue South, Kent, King County, to be leased to Vectra Fitness, Inc. for the manufacture of physical fitness equipment. Resolution No. W-2001-012 Page 5 of 6 CERTIFICATE I, the undersigned, Secretary of the Washington Economic Development Finance Authority (herein called the "Issuer"), DO HEREBY CERTIFY: 1. That the attached Resolution No. W-2001-012 (herein called the "Resolution") is a true and correct copy of a resolution of the Issuer as finally adopted at a special meeting of the Board of Directors of the Issuer held on the 21st day of May, 2001, and duly recorded in my office. 2. That said meeting was duly convened and held in all aspects in accordance with law, and, to the extent required by law and the by-laws of the Issuer, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Washington Economic Development Finance Authority voted in the proper manner for the adoption of the Resolution; that all other requirements and proceedings incident to the proper adoption of the Resolution have been duly fulfilled, carried out, and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS THEREOF, I have hereunto set my hand this 21 st day of May, 2001. Secre ary Resolution No. W-2001-012 Page 6 of 6 Kent City Council Meeting Date July 3 . 2001 Category Consent Calendar 1 . SUBJECT: CODE ENFORCEMENT, CHAPTER 1 . 04 - ORDI22NANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. J 5to 5 revising Ch. 1 . 04 KCC relating to code enforcement . In 1993 the City Council enacted Chapter 1 . 04 of the Kent City Code to provide provisions for enforcement of civil violations of City codes . The proposed ordinance updates these code enforcement provisions by repealing Ch. 1 . 04 and enacting a new Ch. 1 . 04 entitled "Code Enforcement . " The purpose is to provide a more effective and efficient tool for enforcement of the City' s codes . The Legal Department is currently drafting a second ordinance relating to code enforcement, which will be submitted at a later date . The second ordinance will amend enforcement provisions of various chapters of the Kent City Code to refer back to Ch. 1 . 04 KCC for a unified code enforcement process . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Planning 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, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I Oj) ORDINANCE NO. 1 l� t" AN ORDINANCE of the City Council of the City of Kent, Washington, updating code provisions for enforcement of civil violations of City codes by repealing Chapter 1.04 of the Kent City Code in its entirety and enacting a new Chapter 1.04 entitled "Code Enforcement." WHEREAS, in 1993 the City Council enacted Chapter 1.04 of the Kent City Code to provide provisions for enforcement of civil violations of City codes; and WHEREAS, the City Council desires to update these enforcement provisions for code violations to provide for more effective and efficient code enforcement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.04 of the Kent City Code entitled "Civil Violations, Enforcement, and Abatement" is hereby repealed in its entirety. SECTION 2. A new chapter, Chapter 1.04, entitled "Code Enforcement," is hereby added to the Kent City Code to read as follows: 1 Code Enforcement—Ch. 1.04 CHAPTER 1.04. CODE ENFORCEMENT. Sec. 1.04.010. Purpose. The purpose of this chapter is to establish an efficient system to enforce regulations of the city, providing an opportunity for a prompt hearing and decision on alleged violations and establishing penalties for violations. This chapter shall apply to all regulations as defined in KCC 1.04.020(J); provided that a regulation that provides for criminal penalties in addition to or as an alternative to enforcement under this chapter may, at the discretion of the City, be prosecuted as a criminal violation. See. 1.04.020. Definitions. As used in this chapter, unless a different meaning is plainly required: A. Abate means to repair, replace, remove, destroy or otherwise remedy a condition that constitutes a civil violation by such means, in such manner, and to such an extent as the code enforcement officer or the hearing examiner determines is _ necessary in the interest of the general health, safety and welfare of the community. B. Act means doing or performing something. C. City means City of Kent. D. Civil violation or violation means an act or omission contrary to a regulation as defined in subsection (J) of this section. A violation continues to exist until abated. E. Code enforcement officer means the City's code enforcement officers; building officials; building inspectors; construction inspectors; the fire chief, or his or her designee; fire inspectors; the public works director, or his or her designee; or any other person or persons assigned or directed by the Mayor, or his or her designee, to enforce the regulations subject to the enforcement and penalty provisions of this chapter. F. Hearing examiner means the Kent hearing examiner and the office thereof established pursuant to Chapter 2.32 KCC. G. Omission means a failure to act. H. Person means any individual, firm, association, partnership, corporation or any entity, public or private. _ 2 Code Enforcement—Ch. 1.04 I. Person responsible for the violation means any person who has titled ownership of the property or structure which is subject to the regulation, an occupant in control of the property or structure which is subject to the regulation, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to the regulation and/or any person who created or is responsible for the violation. J. Regulation means and includes the following, as now enacted or hereafter amended: 1. All Kent city code provisions making reference to this chapter; 2. All standards, regulations and procedures adopted by the city that make reference to this chapter; and 3. The terms and conditions of any permit or approval issued by the city, or any concomitant agreement with the city pursuant to code provisions that make reference to this chapter. K. Repeat violation means two or more violations of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two (2) years or for which a notice of civil violation has been issued within two (2) years. Sec. 1.04.030. Voluntary correction. A. Applicability. The provisions of this section may be utilized whenever the code enforcement officer or hearing examiner determines that a violation of a regulation has occurred or is occurring. B. General. Prior to the issuance of a notice of violation, the code enforcement officer may, at his or her discretion, attempt to secure the voluntary correction of a violation of a regulation by contacting the person responsible for the violation, explaining the violation, and requesting correction. The failure of the code enforcement officer to seek voluntary correction shall not invalidate any code enforcement action taken by the code enforcement officer or the City of Kent. C. Issuance of voluntary correction agreement. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the code enforcement officer. 3 Code Enforcement—Ch. 1.04 D. Content of Agreement. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which that person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following: 1. The name and address of the person responsible for the violation; and 2. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and 3. A description of the violation and a reference to the regulations which have been violated; and 4. An acknowledgement by the person responsible for the violation that the violation described in the correction agreement exists. 5. The necessary corrective action to be taken, the date or time by which correction must be completed, and an acknowledgement by the person responsible for the violation that he or she will correct the violation within the time _ specified in the voluntary correction agreement; and 6. Acknowledgement by the person responsible for the violation that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; and 7. Acknowledgement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses and/or a monetary penalty pursuant to this chapter from the person responsible for the violation if the terms of the voluntary correction agreement are not met; and 8. The time and place for a hearing before the hearing examiner in the event that the alleged violation is not abated by the person responsible for the violation. E. Extension; modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the code enforcement officer if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render _ correction under the original conditions unattainable. 4 Code Enforcement—Ch. 1.04 F. Abatement by the city. In addition to any other remedy provided for in this Chapter, the City may seek abatement of the violation in accordance with KCC 1.04.110 if the terms of the voluntary correction agreement are not met. G. Penalties and costs. If the terms of the voluntary correction agreement are not met, the person responsible for the violation may be assessed a monetary penalty in accordance with KCC 1.04.090, plus all costs and expenses of abatement, as set forth in KCC 1.04.110. Sec. 1.04.040. Notice of civil violation. A. Issuance of Notice of Violation. When the code enforcement officer determines that a violation has occurred or is occurring, and does not secure voluntary correction pursuant to KCC 1.04.030, the code enforcement officer may issue a notice of civil violation to the person responsible for the violation. B. Content of Notice. The notice of civil violation shall include the following: 1. The name and address of the person responsible for the violation; and 2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and 3. A description of the violation and a reference to the code provisions and regulations that have been violated; and 4. The required corrective action and the date and time by which the corrective action must be completed; and 5. The date, time and location of a hearing before the hearing examiner; and 6. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the code enforcement officer approves the completed, required corrective action at least forty-eight (48) hours prior to the hearing; and 7. A statement that the costs and expenses of abatement incurred by the city pursuant to KCC 1.04.110 and a monetary penalty in an amount per day for each violation as specified in KCC 1.04.090 may be assessed against the person to whom 5 Code Enforcement—Ch. 1.04 the notice of civil violation is directed as specified and ordered by the hearing -- examiner. 8. A statement that the failure to attend the hearing before the hearing examiner may result in a default judgement against the person responsible for the violation, whereby the hearing examiner may enter judgement in favor of the city, assess fines, penalties and costs against the person responsible for the violation, and order the abatement of the violation at the expense of the person responsible for the violation. C. Extension. Extensions of the time specified in the notice of civil violation for correction of the violation may be granted at the discretion of the code enforcement officer; the city attorney, or his or her designee; or by order of the hearing examiner. D. Service of notice. The code enforcement officer shall serve or cause to be served the notice of civil violation upon the person responsible for the violation by personal service pursuant to KCC 1.04.040(E)1, or, in the event the person responsible for the violation cannot be personally served after reasonable attempt(s) to do so, by mail pursuant to KCC 1.04.040(E)2. If the person responsible for the violation cannot _ be personally served within King County and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure pursuant to KCC 1.04.040(E)3 and/or publication pursuant to KCC 1.04.040(E)4. E. Methods of Service Defined. The methods of service of notice as used in this Chapter are defined as follows: 1. Personal Service. Personal service on the person responsible for the violation shall mean handing the notice to the person responsible for the violation or leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or leaving it at his or her office or place of employment with a person in charge thereof; or 2. Mailing. Mailing shall mean mailing notice to the last known address of the person responsible for the violation shall be accomplished by placing one (1) copy of the notice of violation in the mails of the United States by ordinary first class mail, directed to the last known address of the person responsible for the violation, and by placing another copy in the mails of the United States in a form requiring a signed 6 Code Enforcement—Ch. 1.04 receipt showing when and to whom it was delivered and directed to the last known address of the person responsible for the violation. The last known address shall include the address appearing on the last equalized tax assessment roll of the county assessor; or 3. Posting. Posting shall mean posting a copy of the notice in a conspicuous place on the property, with at least one (1) copy of such notice placed at the entry-way to the property or structure if an entry-way exists; or 4. Publication. Publication of notice shall mean publication as set forth in RCW 4.28.100. F. Proof of Service. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting and/or publication in lieu of personal service or mail, the facts showing that due diligence was used in attempting to serve the person personally or by mail. Sec. 1.04.050. Stop work order. In addition to any remedy provided for in this chapter, the code enforcement officer may issue a stop work order whenever a continuing violation of a regulation will materially impair the code enforcement officer's ability to secure compliance, or when a continuing violation of the regulation threatens the health, safety, or welfare of any member of the public. The stop work order shall contain substantially the same information as required by KCC 1.04.040(B) and may be appended to, or incorporate by reference in, a notice of violation. Notice of the stop work order shall be deemed served upon posting of the notice as required by KCC 1.04.040(E)3, and shall be effective upon service. The violation of a stop work order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. Sec. 1.04.060. Stop use order. In addition to any remedy provided for in this chapter, the code enforcement officer may issue a stop use order whenever a continuing violation of a regulation threatens the health, safety, or welfare of any 7 Code Enforcement—Ch. 1.04 member of the public. The stop use order shall contain substantially the same information as required by KCC 1.04.040(B), and may be appended to, or incorporate by reference in, a notice of violation. Notice of the stop use order shall be deemed served upon posting of the notice as required by KCC 1.04.040(E)3, and shall be effective upon service. The violation of a stop use order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. Sec. 1.04.070. Removal of stop work or stop use order - misdemeanor. The removal of a stop work order or stop use order posted in conformity with the requirements of KCC 1.04.050 or KCC 1.04.060, without the authorization of the code enforcement officer or hearing examiner, shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety(90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. See. 1.04.080. Hearing before the hearing examiner. A. Notice. A person to whom a notice of civil violation is issued will be scheduled to appear before the hearing examiner not less than ten (10) calendar days from the date of service of the notice of violation or entrance into a voluntary correction agreement. In the event that the hearing is held after the person responsible for the violation enters a voluntary correction agreement, the date of the hearing shall be the date specified in the voluntary correction agreement. An extension for the time for compliance with the correction requirements of a notice of violation or a voluntary correction agreement, as well as the date and time for a hearing before the hearing examiner, may be granted at the discretion of the code enforcement officer; the city attorney, or his or her designee; or the hearing examiner. B. Prior correction of violation. The hearing will be canceled and no monetary penalty will be assessed if the code enforcement officer or the city attorney, or his or her designee, approves the completed corrective action at least forty-eight (48) hours prior to the scheduled hearing. 8 Code Enforcement—Ch. 1.04 C. Procedure. Except as otherwise provided for herein, the hearing examiner shall conduct a hearing on the civil violation pursuant to ch. 2.32 KCC. The city and the person to whom the notice of civil violation was directed may participate in the hearing and each party, or its legal representatives, may call witnesses and present evidence. The city shall have the burden of proving, by a preponderance of the evidence, that a violation has occurred and that the corrective action required by the code enforcement officer is reasonably calculated to correct the violation. Formal rules of evidence shall not apply to any such hearing. D. Decision of the hearing examiner. 1. In the event that the hearing examiner determines that a violation occurred or is occurring, the hearing examiner shall issue an order to the person responsible for the violation which contains the following information: a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; b. The required corrective action; C. The date and time by which the correction must be completed; d. The monetary penalties and costs, if any, assessed pursuant to KCC 1.04.090; e. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed. E. Notice of decision. The hearing examiner shall mail a copy of the decision by first class regular mail to the person to whom the notice of a civil violation was issued and to the code enforcement officer within ten (10) working days of the hearing, unless the hearing examiner determines that more time is necessary. F. Failure to appear. If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing, the hearing examiner may issue at the City's request, or upon his or her own ruling, an order of default, assess the appropriate penalty pursuant to KCC 1.04.090, and serve notice of the default and penalty assessment on the person responsible for the violation. The city may enforce the hearing examiner's order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person. Within seven (7) days after 9 Code Enforcement—Ch. 1.04 service of the default order, the party against whom it was entered may file a writ�n i motion requesting that the order be vacated. The Hearing examiner may, at his or her discretion, based upon a showing of good cause, vacate the order of default, and remand the matter for hearing. In the event that the default order is vacated, the person against whom it was entered shall pay all costs attributable to his or her failure to appear prior to the hearing examiner remanding the matter for hearing. G. Appeal to Superior Court. An appeal of the decision of the hearing examiner must be filed with the Superior Court within twenty-one (21) calendar days of the issuance of the decision. Sec. 1.04.090. Violations—Monetary penalty. A. Assessment of monetary penalty. The hearing examiner shall, upon finding that a violation of a regulation has occurred, assess a monetary penalty in an amount of up to five hundred dollars ($500) for each violation, per day, or a portion thereof. The monetary penalty shall, at the discretion of the hearing examiner, be assessed as of. 1. The date of the issuance the notice of civil violation; or 2. The date on which the ater was heard by the hearing examiner; or 3. The date upon whic the person responsible for the violation is or was to have corrected t e violation. B. Costs. In addition, the earing examiner may assess costs incurred related to enforcement under this chapt r, including, but not limited to costs of service of notice, and such costs shall have e same meaning as the terms "penalties" or "monetary penalties" in this section and may be assessed and collected in the same manner as "penalties" or "monetaz penalties" are assessed and collected in this section. C. Modification f monetary penalty. Upon a finding that the person responsible for the violation wi correct the violation within a reasonable time of the hearing, the hearing examine may postpone the assessment of the monetary penalty for a reasonable peri d. If, prior to the expiration of the period of postponement the code enforcement fficer or the city attomey or his or her designee is satisfied that the violation has been corrected, the hearing examiner or the city attorney may relieve the person responsible for the violation of the duty to pay the monetary penalty. If, after 10 Code En orcem nt—Ch. 1.04 the period of postponement, the violation has not been corrected, the penalties assessed against the person responsible for the violation shall be assessed from the date of the violation, and payment shall be due. D. Monetary penalty for repeat violations. The hearing examiner may, at his or her discretion, double the monetary penalty set forth in subsection (A) herein, if the violation is a repeat violation. E. Collection of monetary penalty. The monetary penalties assessed pursuant to KCC 1.04.090 constitute a personal obligation of the person to whom the notice of civil violation is directed or the person responsible for the violation. In addition, the monetary penalties assessed pursuant to this subsection may be assessed against the property that is the subject of the enforcement action. Any monetary penalty assessed must be paid to the city within ten (10) calendar days from the date of mailing of the hearing examiner's decision or a notice from the city that penalties are due. The city attorney, or his or her designee, is authorized to take legal action to collect the monetary penalty. F. Use of collection agency. The city, at its discretion, may, pursuant to Chapter 19.16 RCW, use a collection agency for the purposes of collecting penalties assessed pursuant to this chapter. The City shall add a reasonable fee,payable by the person responsible for the debt, to the outstanding debt for the collection agency fee incurred or to be incurred as a result of the use of the collection agency. No debt may be assigned to a collection agency until at least thirty (30) days have elapsed from the time that the City attempts to notify the person responsible for the debt of the existence of the debt and that the debt may be assigned to a collection agency for collection if the debt is not paid. G. Continued duty to correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person responsible for the violation of the duty to correct the violation. See. 1.04.100. Third or subsequent repeat violation; failure to abate - misdemeanor. The commission of a third or subsequent violation or the failure or refusal to abate a violation pursuant to an order of the hearing examiner after receipt of written notice of such order shall constitute a misdemeanor punishable by imprisonment 11 Code Enforcement—Ch. 1.04 in jail for a maximum term fixed by the court of not more than ninety (90) days or by a fine in an amount fixed by the court of not more than one thousand dollars (S1,000) or by both such imprisonment and fine. The city attorney, or his or her designee, shall, at his or her discretion, have authority to file a third or subsequent violation as either a civil violation pursuant to this chapter or a misdemeanor. All misdemeanor charges filed under this section shall be filed with the Kent Municipal Court and shall bear the signature of the Kent city attorney or his or her designee. When the city files a criminal offense pursuant to this subsection, it shall have the burden of proving, beyond a reasonable doubt, that the violation occurred. Sec . 1.04.110. Abatement. A. In general. At the hearing before the hearing examiner, the code enforcement officer or the city attorney or his or her designee may request that an order of abatement issue in the event that the hearing examiner determines that a violation of a regulation exists. The order of abatement shall require the person responsible for the violation to abate the violation and permit the City to abate the violation in the event that the person responsible for the violation fails so to do. The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition causing the violation. B. Costs of abatement in general. The costs of any abatement action taken by the City shall become a charge to the person responsible for the violation. These charges may be assessed against the person responsible for the violation or the property upon which the violation occurred. The City may use any lawful means to collect charges, including but not limited to those set forth in KCC 1.04.090(E) and KCC 1.04.090 (F). C. Other abatement proceedings not precluded. Nothing in this section shall prohibit the City from pursuing abatement pursuant to any other laws of the State of Washington or the City of Kent. Sec. 1.04.120. Additional enforcement procedures. The provisions of this chapter are not exclusive, and may be used in addition to other enforcement and penalty provisions authorized by the Kent City Code or state law. 12 Code Enforcement-Ch. 1.04 Sec. 1.04.130. Conflicting code provisions. In the event a conflict exists between the enforcement provisions of this chapter and the enforcement provisions of any uniform code, statute, or regulation that is adopted in the Kent City Code that are subject to the enforcement provisions of this chapter, the enforcement provisions of this chapter will prevail, unless the enforcement provisions of this chapter are preempted or specifically modified by said code, statute, or regulation. Sec. 1.04.140. Duty not creating liability. No provision or term used in this title is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. 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. SECTION 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK I APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY 13 Code Enforcement—Ch. 1.04 PASSED: day of 2001. APPROVED: day of 2001. PUBLISHED: day of 2001. 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 TiNl\OrdimnccTod Enfn .m nt-1.0a.doc 14 Code Enforcement—Ch. 1.04 Kent City Council Meeting Date July 3 , 2001 Category Consent Calendar 1 . SUBJECT: EXCUSED ABSENCE, COUNCILMEMBER ORR - APPROVE 2 . SUMMARY STATEMENT: Council President Leona Orr would like to request an excused absence from the July 3 , 2001, City Council meeting. She will be unable to attend. 3 . EXHIBITS• Memo 4 . RECOMMENDED BY: Council President Orr (Committee, Staff, Examiner, Commission, etc . ) S . 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. 6J MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS FROM: LEONA ORR, COUNCIL PRESIDENT DATE: JULY 3, 2001 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the July 3, 2001 City Council meeting. I will be unable to attend. Thank you for your consideration. LO:jb Kent City Council Meeting Date _ July 3 , 2001 Category Consent Calendar 1 . SUBJECT: SOUND TRANSIT ARTWORK CHANGE - APPROVE 2 . SUMMARY STATEMENT: As recommended by the Parks Director, approve the changes to the Interlocal Agreement between Sound Transit and the City of Kent for artist Lydia Alredge ' s artwork at the commuter rail station parking garage. The Kent Arts Commission reviewed and approved changes to the parking garage art plan in January 2001, as detailed in Exhibit A, attached) and superseded in May 2001 by Exhibit B, attached. 3 . EXHIBITS: Interlocal agreement with Exhibits A & B and letter from Parks Director Hodgson to Sound Transit 4 . RECOMMENDED BY: Staff and Arts 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 DISCUSSION: ACTION: Council Agenda Item No. 6K COMMUTER RAIL STATION ARTWORK INTERLOCAL AGREEMENT THIS AGREEMENT ("Agreement"), is made and entered into on the date fully executed below, by and between CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("SOUND TRANSIT ") and the CITY OF KENT (°CITY"). I. RECITALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Ch. 8 1.104 RCW and Ch. 81.112 RCW and has all powers necessary to implement a high capacity transportation system; and WHEREAS, the City of Kent is a municipal corporation operating under Ch.35A RCW and is responsible for administering state and local land use laws and development regulations that apply to development in the City; and WHEREAS, on November 5, 1996, central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan. The plan includes three new types of regional transportation — "Link" electric light rail, "Sounder" commuter rail, and a "Regional Express" bus/HOV system — that will be _ integrated with local transit systems and use a single, regional fare structure; and WHEREAS, Sound Transit intends to begin commuter rail services between Seattle and Tacoma in 2000 with service to North Pierce County and South King County, including the City; and WHEREAS, the commuter rail system includes development of a commuter rail station within the City of Kent together with any ancillary facilities, such as commuter parking, passenger drop off zones, and bus, auto, bicycle and pedestrian access facilities; and WHEREAS, on or about December 16, 1999, Sound Transit and the City entered into an Agreement specifically relating to development of a parking garage in conjunction with the commuter rail system hereinafter referred to as "parking garage"; and WHEREAS, the City is implementing a public art program pursuant to Ordinance 2552 by allocating certain funds for the establishment of artwork in certain public places and authorizing the making of payments for the design, execution, fabrication, transportation, and installation of artwork; and WHEREAS, funds have been allocated for the selection, purchase, and placement of artwork; and COMMUTER RAIL STATION ARTWORK (December ll, 2000) INTERLOCAL AGREEMENT- 1 WHEREAS, the parties now desire to enter into an Interlocal Agreement relating to the installation and management of Artwork as well as the ownership and maintenance of the same for the parking garage in the City of Kent; NOW, THEREFORE, in consideration of the covenants and assurances set forth herein, it is mutually agreed as follows: II. TERMS AND CONDITIONS A. Purpose. The purpose of this Agreement is to provide for the design, fabrication, installation, ownership and maintenance of the Artwork at the parking garage as approved by the City of Kent Arts Commission, identified as Phase II Artwork, and more fully set forth in Exhibit "A" attached hereto and incorporated herein by reference (the "Artwork"). B. Artwork. Sound Transit, as owner and developer of the rail station, will contract with Archetype Architecture/Planning/Interior Architecture ("Artist") for the design, fabrication, and installation of the Artwork at the parking garage. Sound Transit shall be responsible for ensuring that all provisions of this Agreement are fully complied with. Sound Transit will thereafter own and maintain the same at its own cost and expense, subject to the rights of the Artist to the same. (covered in "K") C. City Funding and payment. The City will pay Sound Transit the sum of FORTY-FIVE THOUSAND AND NO/100 DOLLARS ($45,000.00) for the design and installation of the Artwork at the parking garage. Sound Transit will contribute the balance of the funds toward the Artwork. The City will pay Sound Transit its share of the cost of the Artwork in three (3) installments. The first installment; consisting of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00), will be paid to Sound Transit within 30 days of execution of this Agreement. The second installment, consisting of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00), will be paid to Sound Transit within 30 days of the issuance of a building permit for the construction of all or any portion of the parking garage structure for the rail station. The final installment, consisting of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) will be paid upon completion of the Artwork and the issuance of a Certificate of Occupancy for the parking garage. Notwithstanding the City's financial contribution to the development of the Artwork, Sound Transit will be the sole owner of the Artwork, subject to the Artist's rights thereto, and shall be fully responsible for contracting for and managing the installation of the Artwork, subject to the terms of this Agreement. Further, the parties agree that the parties' performance under this Agreement is conditioned upon Sound Transit receiving construction credits from the contractor building the garage. In order to perform under this Agreement, Sound Transit must receive construction credits in the amount of$145,000.00 for the installation of railings, barriers and concrete paving that will be supplied by the Artist and were originally bid by the garage contractor. COMMUTER RAIL STATION ARTWORK (December 11, 2000) INTERLOCAL AGREEMENT-2 this section. 3. Sound Transit agrees that it will not (1) remove the Artwork from public display or (2) to sell or destroy the Artwork without prior written approval of the Arts Commission. If Sound Transit at any time decides to sell or destroy the Artwork, it shall, by written notice to the Arts Commission, offer the Arts Commission a reasonable opportunity to purchase or recover the Artwork subject to the existing rights of the Artist. 4. Sound Transit agrees that any subsequent purchaser of the Artwork will be given Notice of the covenants herein in writing so to be bound thereby. L. Assignment, Transfer. Neither the City nor Sound Transit shall assign or transfer an interest in this Agreement without the prior written consent of the other, provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. M. Dispute Resolution. Sound Transit and the City shall use their best efforts to resolve disputes and issues arising out of or related to the tasks covered by this Agreement consistent with the dispute resolution process set out in the Interlocal Agreement between the Parties. Disagreements will be resolved promptly and at the lowest level of hierarchy. If such processes do not resolve a dispute, the Parties will rely on mediation in a format similar to the following and as agreed upon by the Parties. 1. The Designated Representatives, as identified in the Interlocal Agreement, shall communicate regularly to discuss the status of the activities covered under this Agreement and to resolve any issues or disputes related to the successful performance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any issues or disputes arising during the term of this Agreement. 2. Each Designated Representative shall notify the other in writing of any problem or dispute that the Designated Representative believes needs formal resolution. The Designated Representative shall meet within five (5) business days of receiving the written notice in an attempt to resolve to dispute. 3. In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Commuter Rail Director and the Mayor of the City or their designees shall meet and engage in good faith negotiations to resolve the dispute. 4. The parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of the above procedural steps is exhausted. N. Fully Executed. This Agreement is effective when fully executed following approval by each party's respective governing body. This Agreement may be executed in duplicate originals. COMMUTER RAIL STATION ARTWORK (December 11, 2000) INTERLOCAL AGREEMENT-5 O. Entire Agreement. This Agreement, including its Recitals and Attachments, embodies the parties' entire agreement on the issues covered by it, except as supplemented or amended by subsequent written agreements by the parties. All prior negotiations and draft written agreements are merged into and superseded by this Agreement. P. Severability. If any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remaining terms and provisions unaffected thereby shall remain in full force and effect. The laws of the State of Washington shall govern this Agreement. Q. Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement: If to Sound Transit: I£to the City of Kent: Attn: Attn: Visual Arts Coordinator City of Kent 220 Fourth Avenue South Kent, WA 98032 SOUND TRANSIT CITY OF KENT By: By: Name: Name: Title: Title: Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: MANDIE BARNES LYLE ROGER A. LUBOVICH LEGAL COUNSEL CITY ATTORNEY COMMUTER RAIL STATION ARTWORK (December 11, 2000) INTERLOCAL AGREEMENT-6 D Permits and Approvals. Sound Transit will be responsible for obtaining all permits and approvals necessary to install the Artwork. E. Execution of Artwork. 1. . The City shall have the right to review the Artwork at reasonable times during the fabrication thereof and request progress reports of fabrication and installation at regular intervals. 2. Sound Transit and/or the Artist shall complete the fabrication and installation of the Artwork relating to "Phase II Artwork" in substantial conformity with the Proposal, attached as Exhibit "A." 3. Sound Transit and/or the Artist shall first present to the City in writing for further review and approval any significant changes in the scope, design, color, size, material or texture of the Artwork not permitted by or not in substantial conformity with the Artist's proposal as set forth in Exhibit "A." A significant change is any change in the scope, design, color, size, material, texture or location on the Site of the Artwork which affects installation, scheduling, site preparation or maintenance for the Artwork or the concept of the Artwork as represented in the Proposal. 4. The Artist may subcontract portions of the Artwork at the Artist's expense provided that said subcontracting shall not affect the design, appearance or visual quality of the Artwork and that such Artwork is carried out under the personal supervision of the Artist. F. Ownership, Identification of Artwork. Title to the Artwork shall pass to Sound Transit upon final acceptance. The Artwork shall be considered a part of the Kent City Art Collection and the START Program for purposes of publication and publicity of the Artwork except as to ownership and maintenance, which shall remain with Sound Transit as set forth in this agreement. The City and Sound Transit shall have all rights to publication and publicity of the Artwork as part of its art collection. G. Reproduction Rights. 1. Because the parties intend that the Artwork in its final dimension shall be unique, the parties shall not make any additional exact duplicate, three- dimensional reproductions of the Artwork or permit others to do so without prior written approval of the Artist. The Artist has granted Sound Transit and its assigns an irrevocable license to graphically reproduce the Artwork in any form and in any non- commercial manner whatsoever, including for the purposes of publicity, education, or exhibition of the Artwork. Additionally, Sound Transit grants to the City and its assigns an irrevocable license to graphically reproduce the Artwork in any form and in any non- commercial manner whatsoever, including for the purposes of publicity, education, or exhibition of the Artwork. COMMUTER RAIL STATION ARTWORK (December 11, 2000) INTERLOCAL AGREEMENT-3 2. All reproductions by the City and Sound Transit shall contain a — credit to the Artist and a copyright notice substantially in the following form: © Artist's name, date of creation. 3. Sound Transit and the Artist shall use their best efforts to give a credit reading substantially, in any public showing under Sound Transit's and the Artist's control of reproductions of the Artwork in a form substantially as follows: "an original work commissioned by the City of Kent and Sound Transit." H. Identification. Sound Transit shall, at its sole expense, prepare and install at the Site, pursuant to the written instructions and subsequent approval of the City, a plaque identifying the Artist, the title of the Artwork and the year of completion, the words "City of Kent Art Program", "Sound Transit Art Program", and the names of all sponsors associated with funding of the Artwork. I. Maintenance. Sound Transit shall maintain and repair the artwork consistent with Sound Transit's overall system maintenance program, and in accordance with any specifications that the Artist considers integral to the artwork and which are approved by Sound Transit as part of the Artist's recommendations. J. Repairs and Restoration. 1. Sound Transit shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Artwork will be made. 2. Sound Transit shall notify the City for any proposed repairs or restorations of the Artwork. 3. Without negating the provisions set forth below in Paragraph K, the parties acknowledge and agree that the artwork, described herein is intended to be incorporated in a public transit system and that it is inherent in the nature of a public transit system that the artwork may be subjected to destruction, mutilation, or other modification due to repair, renovation or other alteration of the transit system. K Alteration of the Artwork. 1. Sound Transit agrees that it will not substantially alter, modify or change the Artwork without the prior written approval of the City's Arts Commission ("hereinafter"Arts Commission"). 2. Sound Transit shall notify the Arts Commission of any proposed alteration of the Site that would affect the intended character and appearance of the Artwork and shall consult with the Arts Commission in the planning and execution of any such alteration and shall make a reasonable effort to maintain the integrity of the Artwork. The parties acknowledge that Sound Transit has a prior existing duty to notify and obtain permission from the artist prior to taking any of the above actions described in COMMUTER RAIL STATION ARTWORK (December 11, 2000) rNTERLOCAL AGREEMENT-4 May 31, 2001 KENT WA3� INGTOH - RECREATION& JNITY SERVICES Carol Valenta, Start Administrator Hodgson,Director SoundTransit at Union Station 401 South'Jackson Street 22o Fourth Ave_S.nt,WA 98032-5895 Seattle,WA 98104-2826 one:253-856-5100 Dear Carol =ax:253-856-6050 This letter is in response to your request to modify the Intedocal Agreement between SoundTransit and the City of Kent for artwork by Lydia Aldredge to be located at the commuter rail station parking garage in Kent,Washington. The Kent Arts Commission reviewed the proposed changes to the parking garage an plan in January 2001.These changes included eliminating the elevator tower art elements due to a design change to the garage itself, and incorporating wall mounted cornucopia lighting sconces as an alternative. These changes were unanimously approved by the Kent Arts Commission during the January 23, 2001 meeting. On May 20, 2001 you proposed a new attachment to the Intedocal Agreement to replace Exhibit A, our original art plan,with Exhibit B, an art plan and budget that incorporates the changes noted above. In addition, Exhibit B eliminates the Watercourse originally proposed in Exhibit A(see exhibits, attached). The Kent Arts Commission reviewed the proposed Exhibit B during their May 22,2001 meeting and unanimously approved the change to the Intedocal Agreement for Artwork by replacing Exhibit A with Exhibit B. This letter constitutes written agreement consenting to that change of the Intedocal Agreement per our contract. If you have any further questions regarding this issue,please contact Brenda Abney, (206)852- 3867. ikt:& Community Services Cc: Carol McPherson, Chair, Kent Arts Commission Roger Lubovich,City of Kent Attorney Lori Hogan, Recreation and Cultural Services Superintendent Ronda Billerbeck,Cultural Programs Manager, City of Kent Brenda Abney,Visual Arts Coordinator, City of Kent The following Exhibit B is substituted for what was Exhibit A included in the Interlocal Agreement dated December 11, 2000. Exhibit B Phase II Artwork The second phase of work covers the integration of artwork in and around the new parking garage west of the Kent Sounder Station. The artwork elements to be included in this phase include: (a) Cornucopia Sconces, (b)Trellis Lights, (c)Parking Garage Screens. (a) Cornucopia Sconces Using leveraged dollars from the Contractor's lighting fixture budget, the artist will create twenty-one (21)wall sconces to be attached to columns of the parking garage at the second floor level, approximately 25 feet above the ground. These sconces will be attached to all four sides of the building and will serve as a visual landmark for both the commuter rail station and the city of Kent. The sconces will be constructed of steel bar stock and metal mesh to create "wave baskets" similar to those designed for the trellis lights. The baskets will be filled with colored,blown glass "fruits and vegetables" which will be brightly colored, abstracted glass forms which will be internally lit. Coursing down the column below this basket will be a metal pipe with decorative leaf shapes and a blown glass "vine" which will also be internally lit. The glasswork will be protected with a wire mesh. The sconces will be approximately 2'wide x 3'6"high x 18" deep. (b)Trellis Lights To provide an art element that links downtown Kent to the Sounder Commuter Rail Station, the artist will construct three street lights/sculptures. These are envisioned as steel sculptures that recall both _ garden trellises and railroad trestles linking the history of cultivation in the valley with the railroad line. These light fixtures/sculptures incorporate a woven metal planter basket that serves to recall the container motif with a mesh and woven pattern, and to introduce plant material along the watercourse. The lights/sculptures are approximately 16' high and 6' wide at the base. (c) Parking Garage Screens The artist will design and fabricate six'6'x6' metal mesh panels to serve as the infill guardrail between the columns at the parking garage at key locations such as parking entries and exits and at the facades facing Smith Street and 1"and 2""Avenues. The artist will use the container theme for these panels. Phase II Artwork Budget 21 Cornucopia Sconces $12,000 3 Trellis Lights $12,000 6 Parking Garage Screens: $15,000 Subtotal: $39,000 Sales Tax: $ 6,000 (on total budget of including leveraged dollars) Total: $45,000 EXHIBIT "A" Phase II Artwork The second phase of work covers the integration of artwork in and around the new parking garage west of the new Kent Station. This parking garage art shall extend the themes of Kent as the container of the valley's agricultural and industrial abundance. The artwork shall also serve as large scale landmarks to locate the commuter station in the landscape and to provide visual identity for Kent for the rail commuter. Artwork proposed for the Kent Parking Garage includes parking garage screens, elevator tower crests, an extension of the watercourse and additional trellis lights. Parkins garage screens The artist proposed developing metal mesh panels to serve as the infill guardrail between the columns at the parking garage at key locations such as parking entries and exits and at the facades facing Smith Street and I" and 2Id Avenues. The artist suggested using the container theme for these panels and developed a sample panel design based upon the strawberry crop once harvested in the valley. Elevator tower container crests To provide a visible landmark for the station from both downtown Kent and the tracks, the Artist proposed capping the elevator towers at the parking garage with ornamental metal and cable crests which would recall barn ventilators, weathervanes and hop vents. Parking Garage Artwork Budget Parking Garage Screens 6 screens @ $ 2,500.00 each: $ 15,000.00 Elevator tower crests 2 crests @ $ 5,000.00 each: $ 10,000.00 Trellis Lights (3) lights: $ 12,000.00 Watercourse Budget: $ 4,500.00 Subtotal: $ 41,500.00 Sales Tax: $ 3500.00 Total: $ 45,000.00 The following Exhibit B is substituted for what was Exhibit A included in the Interlocal Agreement dated December 11, 2000. Exhibit B Phase II Artwork The second phase of work covers the integration of artwork in and around the new parking garage west of the Kent Sounder Station. The artwork elements to be included in this phase include: (a) Cornucopia Sconces, (b) Trellis Lights, (c)Parking Garage Screens. (a) Cornucopia Sconces Using leveraged dollars from the Contractor's lighting fixture budget, the artist will create twenty-one (21) wall sconces to be attached to columns of the parking garage at the second floor level, approximately 25 feet above the ground. These sconces will be attached to all four sides of the building and will serve as a visual landmark for both the commuter rail station and the city of Kent. The sconces will be constructed of steel bar stock and metal mesh to create "wave baskets" similar to those designed for the trellis lights. The baskets will be filled with colored,blown glass "fruits and vegetables" which will be brightly colored, abstracted glass forms which will be intemally lit. Coursing down the column below this basket will be a metal pipe with decorative leaf shapes and a blown glass "vine" which will also be internally lit. The glasswork will be protected with a wire mesh. The sconces will be approximately 2'wide x 3'6"high x 18" deep. (b)Trellis Lights To provide an art element that links downtown Kent to the Sounder Commuter Rail Station, the artist will construct three street lights/sculptures. These are envisioned as steel sculptures that recall both garden trellises and railroad trestles linking the history of cultivation in the valley with the railroad line. These light fixtures/sculptures incorporate a woven metal planter basket that serves to recall the container motif with a mesh and woven pattern, and to introduce plant material along the watercourse. The lights/sculptures are approximately 16' high and 6' wide at the base. (c) Parking Garage Screens The artist will design and fabricate six 6'x6' metal mesh panels to serve as the infill guardrail between the colutnns at the parking garage at key locations such as parking entries and exits and at the facades facing Smith Street and I"and 2"d Avenues. The artist will use the container theme for these panels. Phase H Artwork Budget 21 Cornucopia Sconces $12,000 3 Trellis Lights $12,000 6 Parking Garage Screens: $15,000 Subtotal: $39,000 Sales Tax: $ 6,000 (on total budget of including leveraged dollars) Total: $45,000 Kent City Council Meeting Date July 3 , 2001 Category Other Business 1 . SUBJECT: COUNCIL MEETING TIME CHANGE - NATIONAL NIGHT OUT ORDINANCE 2 . SUMMARY STATEMENT: The proposed ordinance changes the regular August 7, 2001, City Council meeting at 7 : 00 p.m. to a special City Council meeting at 5 : 00 p.m. for National Night Out . National Night Out is scheduled to occur on August 7, 2001, during the City Council ' s meeting. By scheduling a special Council meeting on that date at 5 : 00 p.m. , Council- members will have an opportunity to participate. Council is reminded, however, that by law, it can only take final action on matters identified in the notice of the meeting. Due to time constraints, this ordinance was presented to the Operations Committee earlier today. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember4move'`s, Councilmember seconds to adopt Ordinance No. 3,SL 7 changing the Council meeting time from 7 : 00 p.m. to 5 : 00 p.m. on August 7, 2001 . DISCUSSION: ACTION: G Council Agenda Item No. 7A ORDINANCE NO. I AN ORDINANCE of the City Council of the City of Kent, Washington, changing the time of the August 7, 2001, City Council meeting from 7:00 p.m. to 5:00 p.m. i I WHEREAS, pursuant to Section 2.01.020 of the Kent City Code, the i currently established time and date for regular council meetings of the City Council are the first and third Tuesday of each month at 7:00 p.m.; and WHEREAS, National Night Out is an important function council members wish to attend; and WHEREAS,National Night Out is scheduled to occur on August 7, 2001, during the time of the City Council's meeting; and WHEREAS, by scheduling the regular council meeting on that date to 5:00 p.m., instead of 7:00 p.m., council members will have an opportunity to participate in National Night Out; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: I j 1 City Council Meeting Schedule For August 7, 2001 SECTION 1. The time of the regularly scheduled council meeting for August 7, 2001, is changed from 7:00 p.m. to 5:00 p.m. effective only for this council meeting. Except to the extent it affects the City Council's August 7, 2001, meeting, this ordinance does not amend Section 2.01.020 of the Kent City Code. 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. i SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY l i i ICI 2 City Council Meeting Schedule III For August 7, 2001 PASSED: day of 2001. APPROVED: day of 2001. PUBLISHED: day of 2001. I hereby certify that this is a true copy of Ordinance No. , passed i by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. I (SEAL) BRENDA JACOBER, CITY CLERK i I i i I I �I �i i 3 City Council Meeting Schedule For August 7, 2001 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE April 17, 2001 COMMITTEE MEMBERS PRESENT: Judy Woods, Tim Clark STAFF PRESENT: May Miller, Tom Vetsch, Sandy Amodt, Brett Vinson, Lori Hogan, Norm Angelo, Jackie Bicknell PUBLIC PRESENT: Ted Kogita, Joe Rubio, Linda Johnson The meeting was called to order at 4:10 PM by Committee Member Judy Woods, acting as Chair in the absence of Rico Yingling. One item was added to the agenda: Puget Sound Access Resolution. Approval of Minutes of April 3, 2001 Committee Member Tim Clark moved to approve the minutes of April 3, 2001. The motion was seconded by Judy Woods and carried 2-0. Approval of Vouchers Dated April 15, 2001 Tim Clark moved to approve the vouchers dated April 3, 2001. The motion was seconded by Judy Woods and carried 2-0. Contract for Laundry Services The contract for laundry services was presented by Finance Director May Miller and Customer Service Manager Tom Vetsch. Ms. Miller said the three year laundry services contract was for uniform cleaning. Vendor selection was based on a combination of service, reference, alternatives, and price. Tom Vetsch noted that the contract would service over 200 Teamster employees, involving Parks and Public Works facilities as well as other departments. Twenty-seven different areas of criteria were listed in the original RFP and six responses were received. Three vendors did not meet the criteria and one withdrew. The remaining two vendors underwent an elaborate evaluation over a number of months, including onsite visits. Cintas manufactures their own garments, which was an important issue in fitting individuals and how the garments would look at the 13 month trade in time. Teamsters representatives and various City employees evaluated the garments to determine which vendor was preferred. Cintas was about S50 per week more expensive ($2,500 per year over the life of the contract) than the other vendor, however staff felt that amount would be more than made up by Cintas' inventory control system. Cintas drivers do extensive checks and personally count the garments when they are picked up. Individual supervisors sign for the garments, which are then counted again when they are delivered back clean to the -City. Mr. Vetsch said reconciliation of lost garments is a major cost escalation for laundry contracts. Operations Committee,4/17/01 2 Tim Clark moved to recommend that Council authorize the Mayor to sign a three vear contract with Cintas as the City's laundry service vendor, pending approval by the legal department. The motion was seconded by Judy Woods and carried 2-0. King Countv Basic Life Support Services Contract Amendment for 2001 The King County Basic Life Support Services Contract Amendment for 2001 was presented by Fire Chief Norm Angelo. The $682,787 in the contract amendment for this year is the same as was received in 2000. The Law Department has looked over and approved the contract, which is similar to what was signed in the past. Tim Clark moved to recommend that Council authorize the Mayor to sign the contract amendment with King County EMS for the year 2001. The motion was seconded by Judy Woods and carried 2-0. Puget Sound Access Resolution Assistant City Attorney Brett Vinson said that AT&T Broadband, also known as TCI Cablevision of Washington, entered into a franchise agreement several years ago, under ordinance #3108, wherein they committed to provide and maintain a public access studio. Negotiations have been ongoing for the last year between AT&T and the City to try and figure out a way that the franchise obligation could be satisfied. AT&T wants to make a lump sum payment to Auburn, Burien, Kent, Renton, Sea Tac, and Tukwila as a means to get out of the franchise obligation. They've estimated that for a period of 10 years, it will cost about $3.5 million to operate, provide, and maintain a public access studio. Each of the corresponding cities have passed a resolution that will allow AT&T to enter into an agreement with a foundation. There have been two concerns: 1.) That the cities sufficiently distance themselves so there would be no exposure to any potential liability for programming; 2.) To ensure that the funds provided by AT&T would last the length of the current franchise. After review and discussion it was discovered that creating a non-profit foundation that AT&T would pay the lump sum to could have a serious, negative tax disadvantage under the current tax code. If the non-profit organization didn't expend a certain amount of money each year, then the special tax exempt status could require that payments be made because the money would just be sitting in the account. The attorneys for the various cities determined that the best way to solve both of the concems was to create a foundation where the money would be held in a trust. The foundation would be called The Puget Sound Access Foundation and would be a supporting organization of the PSA. AT&T would pay the money directly to the foundation and a trustee would be in charge of the funds. PSA would ask the trustee for money to pay bills, etc. A board would govern the Foundation, and the City would have representatives on the board. Because it is a foundation, a benefit would be derived under the tax code that wouldn't exist if it was just a non-profit organization that needed to have a certain amount of money expended each year to maintain status. Tim Clark moved to recommend Council authorization to adopt a resolution confirming the franchise obligation of TCI Cablevision of Washington, Inc. known Operations Committee,4/17/01 3 as AT&T Broadband to provide, maintain, and operate a public access facility. This is conditional upon AT&T's payment and satisfying any other necessary obligations to establish a community access facility. Judy Woods seconded the motion. Judy Woods asked if there had been any resolution to where the studio would be located. Brett Vinson said negotiations were ongoing in Renton for a place with low yearly rent, but there were concerns about the age of the building and other things that would have to be done to locate there. Other sites of interest are the local community colleges, and discussions are taking place with Highline Community College who already has a film program in place and a lot of the equipment on hand. Another option is building to suit, which would be the most expensive. Mr. Vinson commented that no one else in the nation had attempted a facility such as this and contacts have been coming in from people wanting to keep abreast of what is happening. The project has become a model for the nation and the hope is that the concept will grow and flourish. The motion was voted on and carried 2-0. Kent Downtown Partnership l't Ouarter Report Kent Downtown Partnership Executive Director Linda Johnson said that Kent had received its re-accreditation for the National Mainstreet Center and Historic Preservation for the third year in a row. Kent is one of eight cities that have been accredited in the State of Washington as a national Mainstreet community. Ms. Johnson handed out a summary sheet explaining the Mainstreet concept. The summary will be sent out to the entire downtown community. Mainstreet is part of the National Mainstreet Center which is part of the National Historic Preservation in Washington DC. It started in 1983 with three trial programs in a small rural community in Ohio. There are now over 1200 programs and Mainstreet is going international. Ms. Johnson said the Partnership had been audited by the City the day after Christmas, 2000, and a report has subsequently been received saying that the Partnership meets all the requirements of its contract. Ms. Johnson thanked the City for its support over the years. Continuing progress is being made on the State's statistical report. Kent started keeping track of statistics in October, 1993, and since that time there have been 270 new businesses move into the district. Twenty-one businesses in the downtown district have expanded during that time, creating 889 new jobs. One hundred and forty-one building rehabs have been done with $44,000,000 worth of private reinvestment. There have been 57 business failures (including retirements) with a loss of 125 jobs. The net jobs for the downtown district since 1993 is 764, and the net new businesses opened is 150. Volunteer time in the downtown has totaled approximately 160,000 hours, which figures out at minimum wage to $1,073,600. The vacancy rate when the program started in 1992 was 40% and now it's less than 5%. Originally there were 357 businesses in the downtown and there are now over 500. Two hundred and seven of those businesses are Operations Committee,4/17/01 4 brand new since 1993. Because the City leaders had the foresight to bring the Regional Justice Center to Kent, $150,000,000 in public investment has been put into the downtown, along with 700 new jobs. Public reinvestment, including the Regional Justice Center and the Train Station, is now reaching close to $200,000,000. The JC Penney building will be vacated in the next week or so, and about 51,000,000 will be spent in exterior renovation on that building along with about $250,000 in interior improvement. The Public Market is doing well and seeing increases every month, and it's just about time to open the outdoor season. All the applications have gone out and the fruit, vegetable, and flower applications are starting to come in. A deli will be opening in the market in the next two weeks. Ms. Johnson said there should be no construction delays or odd developments this summer. Tim Clark asked about the Kaleidoscope program. Ms. Johnson said it was an educational event that would be held May 5, 2001 from 10:00 AM-6:00 PM at the Senior Center. There would be pinata making, Japanese and Made in America storytelling and puppetry, Irish, Philippine, and Mexican dancing, Ukrainian egg painting, Scandinavian rosemaling, genealogy workshops, Chinese puppet theaters, as well as live performances. Parks Recreational and Cultural Programs Superintendent Lori Hogan added that Kaleidoscope was being spearheaded by the Downtown Partnership and the Sister City group. The Parks Department is also supporting the performance side and helping to get the information out about the event. The meeting was adjourned at 4:55 PM. Jackie Bicknell City Council Secretary OPERATIONS COMMITTEE MAY 1 , 2001 COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Judy Woods, Tim Clark STAFF PRESENT: May Miller, Charlie Lindsey, Marty Mulholland, Joe Lorenz, Leona Orr, Jackie Bicknell The meeting was called to order by Chair Rico Yingling at 4:14 PM. Approval of Minutes of April 17, 2001 Committee Member Judy Woods moved to approve the minutes of April 17, 2001. The motion was seconded by Committee Member Tim Clark and carried 3-0. Approval of Vouchers Dated April 30, 2001 Tim Clark moved to approve the vouchers dated April 30, 2001. The motion was seconded by Judy Woods and passed 3-0. 2001 Replacement PC's Joe Lorenz, Technical Services Manager, explained that the City is facing its annual replacement of PC's and, using the City's inventory software program, machines targeted for replacement this year have been extracted, which are the older 166Mhz and 200Mhz machines. Information Technology staff conducted several Tech Team meetings to discuss the computing needs for the City and projects within different departments to see how those will be impacted during the next 3 to 4 years by industry trends, past experiences, and suggested computer configurations. Staff has identified an existing state and local government agency agreement with the Washington State Department of Information Services for the purchase of the standard HP Vectra. The HP Vectra Prcduct Line has four different corporate PC models, and the VL400, the model being considered, is a corporate PC which is one up from the entry level model. There is also a higher level PC and a high-end graphic type workstation. Staff is considering the lower end of the model because it will meet the City's needs 90% of the time. There are a few instances where the higher workstation may be needed such as for graphic art or GIS. The new PCs will be brought in 30 units at a time. HP will configure the machines and set them up and deploy them. The process will take about six months. Mr. Lorenz handed out a chart explaining the year 2001 replacement cycle and highlighting the cyclical effect of machines to be replaced in future years. The machines will be purchased off a corporate negotiated price through the state to allow the flexibility to bring in the 30 machines at a time and to vary from that slightly for the 1% higher-end machines that will be needed. Tim Clark questioned whether the machines are purchased for particular departments or in a generic order. Mr. Lorenz stated that the machines are targeted generically to meet the lifecycle of the machine and aren't just purchased for today's needs, which wouldn't carry for following Operations Committee,511101 2 years. The machines have an expected three year life span. The memory requirements will take -_ into account the Windows 2000 operating system as well as a new version of the Microsoft Office Suite such as the upcoming XP release. The warranty that ships with the units is for three years onsite. Occasionally machines come in that are Dead On Arrival and those will be replaced. The HP product line and longevity have been very reliable and there have been few hardware failures. Judy Woods moved to recommend that Council authorize the Mayor to sign purchase orders for replacement computers, payable to Wasbington State Department of Information Service, not to exceed $167,000. The motion was seconded by Tim Clark and passed 3-0. Telephone System Maintenance Contract Joe Lorenz said that when the City's telephone system was replaced in March of 1999, the vendor provided the City with one and one-half years of maintenance. That time has passed and a competitive bid process was done for the next three years of maintenance. Qwest Communications came in with very attractive pricing, offering to cover all the City's phone sets at a cost of 25 cents per set. Other vendors' prices varied from $1.40 to $4.00 per set. Qwest also had the lowest switch maintenance as they have a smaller clientele than the other two vendors and allow their techs "per clientele" to be increased significantly. The TMC Group, the City's Telecom consultants, reviewed the proposal and made the recommendation to move forward with the Qwest proposal. Staff supports that recommendation. Rico Yingling commented that in his past business experience, very poor service had been received from Qwest during emergency down time, and that had to do with policy more than the quality of personnel. He asked if those kinds of issues had been looked at during the selection process. Mr. Lorenz replied that TMC had done the customer service researching. With TMC's help, different levels of calls had been defined as minor and major alarms and that included allowing for escalation of calls in a timely manner. Tim Clark moved to recommend that Council authorize the Mayor to sign a contract with Qwest Communications for telephone system maintenance subject to City Attorney review and approval. The motion was seconded by Judy Woods and passed 3-0. Interagencv Aureement Between the Department of General Administration and the City of Kent Facilities Superintendent Charlie Lindsey reported that several months ago, staff became aware that the chilling systems that operate in the City Hall building were 30 plus years old and could fail at any time. Replacement costs are estimated to be S300,000-S400,000. In a process called Performance Contracting, vendors come in and do an energy audit and then make a recommendation based upon what they find to save energy and give a guaranteed payback that will pay for the cost of the upgrade. The State of Washington has a program through the General Administration Office that allows municipalities, community colleges, and other state agencies to use the process, and will loan the City the funding at a very low interest rate. The state has a list of energy management companies that do the audits. Operations Conunittee, 511101 3 Tim Clark asked ifjust the City Hall building would be upgraded. Mr. Lindsey said all the major facilities would be looked at. There is no cost for the audit unless the City should choose not to do what is recommended. The state pays for everything up front and then that's applied to the loan. Fees are based on the value of the contracts. Mr. Yingling asked if the General Administration Office contracts with the energy management firms. Mr. Lindsey said they do, and when the project is finished, the state will pay the Energy Management Company that did the audit, as well as for the equipment installed in the upgrade. Rico Yingling asked Mr. Lindsey to explain the difference between Attachment B and Attachment C. Mr. Lindsey said that Attachment B was the General Administration's charge to the City for the process. Attachment C was the cost for monitoring the system after the work is done to assure that the savings that were guaranteed are being achieved. Judv Woods moved to authorize the Mayor to enter into the Interagency Agreement with the State of Washington General Administration Department. The motion was seconded by Tim Clark and passed 3-0. The meeting adjourned at 4:41 PM. Jackie Bicknell City Council Secretary OPERATIONS COMMITTEE May 15, 2001 COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Tim Clark, Judy Woods STAFF PRESENT: Mike Martin, May Miller, Kim Marousek, Cliff Craig, Charlene Anderson, Leona Orr, Fred Satterstrom, Sue Viseth, Jackie Bicknell The meeting was called to order by Chair Rico Yingling at 4:03 PM. Approval of Minutes of May 1, 2001 Committee Member Judy Woods moved to approve the minutes of May 1, 2001. The motion was seconded by Committee Member Tim Clark and carried 3-0. Approval of Vouchers dated May 15, 2001 Tim Clark moved to approve the vouchers dated May 15, 2001. The motion was seconded by Judy Woods and passed 3-0. Land Use Fee Schedule for Public Notice Boards Senior Planner Kim Marousek said that in December of 1998 the Operations Committee passed a resolution to amend the fee schedule for Land Use applications. One of the changes was to increase the fee for the public notice boards that are required for all Land Use Applications requiring public commenting. Currently, the applicant is required to lease the board with a $150 deposit of which S75 is refundable when the board is returned in good condition. Very few people actually return the boards. Last year 162 public notice boards were issued and only 9 requests for refund were received. The cost to the City to process a$75 refund is $60. Rather than go through the refund process, staff proposes charging a flat rate of$100 for the board, which would cover the purchase cost. The applicant would then have the ability to reuse the boards (most applicants do multiple projects), and a largely unused process would be eliminated. Ms. Marousek also recommended affording the Planning Manager the ability to increase the cost as needed to cover the purchase cost. Rico Yingling asked why people couldn't construct their own boards rather than using the City boards. Ms. Marousek said the boards are recognizable to the public as City information boards since they have the City logo on them, and it would cost applicants more if they were to purchase the boards themselves because the City orders in bulk and gets a discount. The applicant would have to have the board special ordered. Tim Clark was concerned that the boards might be misused by the one-time-applicants. He questioned the wisdom of putting a lot of boards out in the marketplace that would not come back for official use, but would still have the City of Kent logo on them. He asked if it was possible when group ordering to leave the logo off of some and make those available for the onetime users. Judy Woods commented that the City had been putting boards up for 8-10 years and without any problems. Ms. Marousek added that most applicants do not return the boards, which was the reason for reducing the cost. Staff can keep unofficial tabs on the boards and then call the applicants to tell them to take the boards down. She said there should be no appreciable difference between how things are done now and how it will be in the future. Operations Committee, 5115101 2 Judy Woods moved to recommend that Council approve a revision to the current land use fee schedule to charge a non-refundable fee of$100 per public notice board, and allowing the Planning Manager the authority to increase the fee as needed to cover the purchase cost. The motion was seconded by Tim Clark and passed 3-0. ls` Ouarter Finance Report Finance Director May Miller said that the I" Quarter Finance Report included all funds but dealt primarily with the General Fund. March was a bit under budget (2.4%) but that was an improvement over January and February. Last year at this time, the General Fund was a bit over budget. The Expenditure side was $553,000 under budget, and even though overall revenue was down, more than that was saved in expenditures by keeping a larger number of positions open (which is usually done as a way of offsetting an economic slow down). Property Taxes predictably come in at 99% twice a year in April and October; Sales Taxes are more volatile and were 2.3% over budget for the first quarter. Last year at this time, Sales Tax was 11.3% over budget. Ms. Miller said the Sales Tax budget was decreased this year because some onetime- only projects were finishing up. Contracting, Wholesale, and Manufacturing were all down. The Utility Tax, consisting of electric, gas, and telephone utilities, exceeded its budget. The growth in telephone revenue has been from new usage. Building Permits was down consistently in January, February, and March. But, she contended, a lot depends upon when the permits were obtained, when interest rates went up or down, and what drove people to get permits at that time. The down is not - significantly alarming, as it's less than the gain in electricity tax. The value of permits was down, but the number issued was down only 7%. Parks and Recreation Fees were running around 15% over budget; Fines and Forfeitures were 2.2% over (which is right on budget). The Water Operating Revenue was 2.9% over budget, which was right on. That revenue could go down with summer conservation. Sewer and Drainage was 0.9% over budget, which was right on budget. The Golf Course revenue for the first three months of the year was up, overall,_by 359,000, which is a 22% increase over last year. That comes from a dollar increase on the 18 hole, the 9 hole, the driving range, mini putt, and rental, and is the best it's been since 1994. The number of rounds were up along with the revenue. The trends in the General Fund, if taken right now, show December would end $60,000 short in revenue because of the increase in the Utility Tax and the decreases in the others. But that is adjusted monthly as figures come in. Ms. Miller stated that $60,000 is an extremely small amount when talking about the overall revenue and expenditures in a budget the size of the City of Kent's. More positions have been kept empty and the vacancy rate is 31.1 in the General Fund this year compared to about 23 at the same time last year. As the revenue firms up, several of those vacancies will be filled on a priority basis. The Street Fund, which is three different funds combined into one (Unrestricted Street Gas Tax, Restricted, which can only be spent for arterials, and Utility Tax) was about $77,000 more in revenue _ than budgeted. The annual amount brought in from the Lodging Tax revenue was $36,000 over budget. That money is allocated, in part, to Downtown Redevelopment, $55,000 to tourism type projects, and S64,000 to do a specific project ($25,000 of which has been spent). Operations Committee, 5115101 3 A portion of the Utility Tax goes toward the Youth/Teen Program, which is a special fund that's budgeted at $660,000. Part of the money goes back to the General Fund for staffing and program costs and part goes to the Youth/Teen Projects such as skateboard parks, basketball court development, etc. There is still $159,000 remaining in that fund that is not allocated right now. The Capital Improvement Fund is where the first Y< of l% Real Estate Excise Tax goes toward general projects and the second quarter percent to parks projects; some interest income is transferred in from closed projects. That fund is running about $93,000 over budget which means those projects can continue as scheduled. There is still $921,000 that will fund future projects for Parks and S768,000 for capital type projects that right now is uncommitted money. Some money is kept in case an emergency comes up, similar to the General Fund Reserve for unexpected projects. The Criminal Justice Fund is a local option tax, which along with the Motor Vehicle Excise Tax must be spent specifically on Criminal Justice. That money will go to fill legal, domestic violence, and police positions, some towards the Lighthouse program, and portions will be used to pick up the City's match share of some police grants. Those funds are population driven and were coming in over budget. The Equipment Rental Fund is the reserve fund for police cars, public works trucks, graders, etc. — all of the trucks and cars in the City except for Fire. It maintains a nice reserve, and S700,000-$1,000,000 is usually spent in a year. The fund charges the departments a rental rate that puts money back in for replacement, maintenance, and self-insurance. The Central Service Fund is a clearing fund to pay for office and computer supplies, and all of the City's postage and photocopy costs. This is the operating side of IT's budget which pays for all their - staff, information technology, printing, graphics, and cable television. The fund allocates charges back to the departments to pay for those costs. The capital side and the PC replacement are projects that aren't shown as they are funded from bonds and the $300,000 a year transfer-in for PC replacement. The Fire Equipment Fund has been receiving about $300,000-$400,000 a year, but there isn't a significant reserve there so that's an area that needs to be looked at. The Facilities Fund primarily is for the Centennial Building and includes some outside rental, but the City is starting to use more of the building itself and is getting less in rental fees than in the past. The departments are charged back and pay all the costs for all the building. The Self-Insurance and Unemployment Fund was one that hadn't received any money for years, but now is being funded at about $100,000 yearly to pay the claims that come from the state. The costs aren't quite being covered with what's going into the fund, so next year the amount will be increased by another $20,000 in order to make the fund solvent. The Workers Comp Fund was adjusted a little bit this year and is still $7,000 short, however it has a higher balance than is recommended. The Health and Welfare Fund has made several changes. There was a 20% rate increase last year and 15% the year before, and now $6,000,000 goes into that fund. In meetings with the unions, several cost containments were done, and next year the co-pay will be increased. Liability insurance has pulled down the fund balance, so the departments will need to be charged more in the future; the trends will be looked at to see which departments really have the claims and then an allocation will be done based on where the claims come from. There is still almost $500,000 in reserve. The Property Insurance premiums were raised this year by about $40,000, which was unanticipated, so next year the departments will be charged that allocation to cover the cost. The increased amount in one area of the budget offsets the down in another area, and taxes for the quarter were up about $344,000. Putting all the figures down and looking at them helps to form the Operations Committee, 5/15/01 4 decisions for next year's budget as that shows where things are doing fine and where there needs to be more money for the funds. Ten Year Forecast May Miller said the last 10 Year Forecast takes the information from the 1'` Quarter Report and projects it out for 10 years. It goes into the future with revenue down, but recognizes the Utility Tax has increased (which offsets the reductions), shows no economic growth other than trends, and doesn't include any future annexations. The forecast was last done in September, 2000, and this year's first quarter information was used to update that model. The last model showed between 2% and 3%property tax, based on what the Implicit Price Deflator had been, but that information has changed since the model was done. The initiative for 1% growth would take about S300,000 a year out of the model, so that was included in order to be conservative. Also, the legislature had funded the City for the I-695 impacts for two years, but since the amount may be cut in half, it was reduced from $350,000 down to $175,000. On the expenditure side, the same model was used as in September, giving a 3% cost of living and a projected 1% population increase. That allows two-three staff positions a year to be added if population were to grow, which is a very conservative amount. Rico Yingling commented that being conservative on the revenue side and also on the expense side were like opposite sides of the coin, and the model should probably be a little bit more liberal on the expense side and conservative on the revenue side. Ms. Miller responded that the model would then show a big deficit which would have to be funded. Tim Clark stated that an instrument for planning was needed that would take into - account a continuing trend, which could clearly be felt and discerned in order to have a better chance of forecasting. Otherwise, what would happen is that a catastrophe would suddenly be five years out and the City would be squeezing budgets when nothing had actually occurred except the estimate. Mr. Yingling advised that the reason the long term forecasting was done was to see where the potential problems were so they could be planned for ahead of time, and Ms. Miller explained that the base model was more driven on "what ifs" and changing the base as things change. The model projects that revenue will continue to be over collected, that there will be some salary savings because of vacancies, and that a 10% fund balance will be maintained. The last model.showed that the City was fine through 2008 and that the sources exceeded the uses. Then in 2009 the lines crossed; by 2011 if nothing was done and there was no growth, some realistic changes and decisions would have to be made. However, Ms. Miller commented, the City manages by meeting either long-term or short-term challenges with either a short-term slow down in hiring or a long-term cutting of positions or programs, as was done with the loss of I-695. And, the 10% fund balance gives a cash flow and provides some protection in case there is a short-term economic downturn that hadn't been predicted. The City is strong financially, which is evident in its excellent credit rating. The meeting was adjourned. Jackie Bicknell City Council Secretary SPECIAL PARKS COMMITTEE April 24, 2001 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Connie Epperly, Leona Orr (sitting in for Tom Brotherton) STAFF PRESENT: John Hodgson, Lori Flemm, Lori Hogan, Brenda Abney, Jean Anderson, David Heldt, Perry Brooks, Kim Marousek, Jackie Bicknell PUBLIC PRESENT: Elizabeth Ratliff, Alan Ratliff, Sue Smith The meeting was called to order by Chair Judy Woods at 4:10 PM. Item number 4, East Hill Youth Sorts Facility Budget Change— Accept and Amend, was withdrawn from the agenda. Approval of Minutes of March 13, 2001 1. Committee Member Connie Epperly moved to approve the minutes of March 13, 2001. The motion was seconded by substitute Committee Member Leona Orr and carried 3-0. National Softball Association Outstanding Park Award— Russell Road Park David Heldt, Parks Program Coordinator in the Recreation Division, related that in 1999 the National Softball Association, which is one of five national softball organizations throughout the country, awarded Russell Road Park the 1999 Outstanding Park designation. In the year 2000, the NSA once again named Russell Road Park as the outstanding park. Mr. Heldt presented the plaque for viewing, and Judy Woods asked if he would come to the next Council meeting and describe the award under Public Communications. WRPA Outstanding Facilitv & Park Award - Linda Heights Park Parks Planning & Development Superintendent Lori Flemm explained that the Washington Recreation and Park Association had presented the City of Kent with the Outstanding Facility award for Linda Heights Park. Ms. Flemm said this was the first year the award had been given, and it was a real honor for the City of Kent to be the first recipient and to receive the award out of the 20 nominees from around the state. The plaque will be brought to the City Council meeting on May 1" Judv Woods asked what the criteria was for the award. Ms. Flemm said the Association looks for innovation. Because the property is owned by the Public Works Department and there is a cooperative agreement with them, the City was able to provide a neighborhood park on the site. The basketball court serves as access to the Public Works Lift Station, providing a recreational element and the blending of the two public use facilities made a good selling point. Staff also worked with the neighbors and got public input, and presented a "before" and "after" picture to the Association. East Hill Youth Sports Facility Master Plan —Accept Parks Director John Hodgson said a public meeting was held a couple of weeks ago to discuss issues and concerns the citizens had regarding the East Hill Youth Sports Facility, and the Park Committee,4/24/O1 2 information received from that meeting will be developed and responded to during the permitting - process so that by the time it gets to the Hearing Examiner for approval, any issues about the facility will have been addressed. Public meeting notices for the next meeting on June 61h, 2:00 PM, will be sent out to residents and to the people who attended the first meeting. Lori Flemm said that in 1996 when the City of Kent worked on the Parks Five Year Comprehensive Plan, one of the greatest needs identified was baseball fields. That year the Service Club Ballfield site was purchased and acquisition was started for the East Hill Youth Sports Facility, which was completed in 1998. The Service Club Ballfields project was included in the Six Year Capital Improvement Plan and construction was scheduled to begin this year, but it was found that the wetlands on the site were larger than had initially been thought. A Corps of Engineers Permit was required for any construction activity due to the fact the wetlands connect to a ditch that runs along the east side of 1441h street that connects to a stream with salmon in it. The East Hill Youth Sports Complex was originally planned to be developed in 2003-04 and the Service Club Ballfields in 2001-02, but due to the delay in the permitting process because of environmental issues at the Service Club Ballfields, the City has elected to exchange the development schedules of the two East Hill youth ballfields. The first Master Plan meeting for the East Hill Youth Sports Facility site was held in June of 1998. 21 people attended the meeting and the primary issue at that time was parking concerns from the neighbors. In April, 2001, 23 people attended the second Master Plan meeting. Park Planner Perry Brooks described the layout of the future youth ballfields, which are situated on 10.19 acres at the corner of 248`h Street and 132"d Avenue SE in Kent. Currently there are about 150 parking stalls in a lot off 2481h Street down a private drive which the City of Kent owns. The Lutheran Church and the people who live off the private road have an easement with the City for use of the road. The proposed complex will consist of three youth ballfields -one field 225 feet in length, and two fields 285 feet in length. Overlaid on top of the ballfields are two soccer fields, three flag football fields along with track lanes, and a softball toss for the track program. There are two restrooms, a maintenance facility, picnic shelter, bleachers, concrete walkway, two storm water detention ponds, two drop off areas, and fencing throughout the whole facility, which blocks out any access during non-use hours. There is a possibility of additional parking with the church and overflow parking at the elementary school. The play fields will have synthetic turf called Astro Play which is a nylon material filled with rubber and is useable all year around. One field will stay as a grass field. Mr. Brooks said there was a leveling issue because of a 15 foot decline from the Snow property to the corner of 2401h and 132"d. In order to have a flat field, retaining walls will have to be built. A small 34 foot retaining wall at that location will pick up some of the grade. On the street end side (dedicated to Public Works), the wall will start at about 3 feet and go to about 14-15 feet high at its highest point, wrapping around the storm water detention pond and the parking lot, and sloping back down to 2-3 feet. The wall will be a keystone wall system and some public art will probably be used on it to break up the expanse. Mr. Snow was given a 30 foot easement so he could have ingress and egress for his property Park Committee,4/24101 3 Lori Flemm went over some of the main issues from the public meeting and how they will be addressed, either by studies or with revisions to the Master Plan. One of the concerns was that the park be open during non-use time so that people could walk around the concrete walkway. However, because of the way the park will be fenced, it cannot be opened without having the fields open, and there will be no access to any of the facilities when the whole park is not open. There will be overflow parking at Martin Sortum Elementary School and, hopefully, shared parking with the church. Parking information will be given out with registrations so people won't be parking on neighborhood streets. (There is no parking on 132"d or 248`h.) Traffic is a big issue. There will be three traffic lanes on 248`h Street, one going each direction and a center turn lane for turning into the park. There will also be a left turn lane onto 132"d for people going northbound. Street improvements on 248`h will be done in 2002, but the park would not open for use until 2003 after the 132"d Street improvements are done. Ms. Flemm said concern was expressed about the detention pond and how the City would handle storm water. The gravel base below the synthetic turf will be used to handle all the storm water detention from the park (with the exception of the parking lot) with water going to the two ponds in the southwest and northeast comers of the park. Staff estimates that about 550,000 annually will be saved in maintenance costs by using the synthetic surface. The fields will eventually need to be replaced. They have only been in use for about eight years and the manufacturer gives a 10 year warranty. At the public meeting there was concern about who would be using the fields. Ms. Flemm said the fields were not designed for adult play and there would be no adult leagues on the youth baseball fields. Adults may be able to play soccer and flag football, but the concern with their playing baseball was that the ball could be hit over the fence and into the street. A 10 foot high fence has been put up to keep the balls inside the park, and in the areas where a ball could most likely be hit out of the park, a net will be placed on top of the fence extending it up another 15 feet. Other nets will prevent cars and adjacent property from being hit by baseballs. Mr. Hodgson said another issue was the traffic light at 132nd and 248`h. The City is doing a traffic study in conjunction from 116`h all the way to 132nd on 2481h, and the results from the study will determine the need for a traffic signal. Parks Planning is anticipating that there will be a light at the comer. Sue Smith, 25050 132"d Ave SE, Kent, said she lives across 132"d, and because of the construction on 256`h, has to wait more than five minutes to get out of her driveway. If the park were to open before a middle turn lane was built, and 132"d was the only access to the parking lot, it would really be difficult. Judy Woods commented that a left turn lane was needed even if it was temporary. John Hodgson said that the park should open in Spring 2003, and the 132"d improvement project (originally scheduled to be constructed in 2006) was moved up to 2003. Connie Epperly moved to accept the East Hill Youth Sports Complex Master Plan. The motion was seconded by Leona Orr and passed 3-0. Park Committee,4/24/01 4 Off Leash Doi Park Update — Lori Flemm explained that the park directors and Off Leash Dog Park Task Force members from the South County area have had monthly meetings on a regular basis, and last met on April 121h. Research has shown that there is no publicly owned local site where the park could be constructed. King County's shortfalls prevent them from being a major player in the project in the immediate future, but they recognize the need and want to participate and be an active member of the Task Force. The state agencies, port districts, and utility districts were contacted about available land that could serve the need for a regional off leash park, but those entities haven't responded. If there is a need to purchase land for the park, the cities will be faced with limited funding for the acquisition. However, all the cities are still willing to work together to provide the park cooperatively. Mr. Hodgson added that all of the South County cities recognize that if one individually constructed a dog park, every neighboring city would bring its dogs to the park. They are working hard to try as a group to not make one city bear the brunt of the issue. Once a big facility is found, then smaller parks could be built in the different communities. Mr. Hodgson said the group is also looking for a creative way to fund the Off Leash Dog Park and researching whether dog owners would possibly participate with something like a user's fee. The meeting adjourned at 4:45 PM. Jackie Bicknell City Council Secretary - PARKS COMMITTEE May 8, 2001 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Connie Epperly, Tom Brotherton STAFF PRESENT: John Hodgson, Lori Flemm, Katherin Johnson, Perry Brooks, Charlie Lindsey, Kim Adams Pratt, Lori Hogan,Judy Bennett, Shane Gilbertson, Jackie Bicknell PUBLIC PRESENT: Jeff Barker The meeting was called to order by Chair Judy Woods at 4:16 PM. Item #3, The East Hill Youth Sports Complex Budget Change—Accept and Amend Budget, was dropped from the agenda. Donation from the Rotary Sunrise Club was added to the agenda. Approval of Minutes of April 24 2001 Committee Member Connie Epperly moved to approve the minutes of April 24, 2001. The motion was seconded by Committee Member Tom Brotherton and carried 3-0. 2002 Communitv Development Block Grant Funding—Approve Human Services Manager Katherin Johnson requested approval of the Pass Through funds from King County for the CDBG budget, which is estimated at $583,151. She said a second estimate would be received in July and a third in November, and the hope is that the figure will go up. Tom Brotherton questioned why the maximum funds available allocated for Human Services were so much less than the grant distribution amount. Ms. Johnson said the Human Services part was for the three public service agencies that are funded; all of the remaining funds are capital dollars and specific allocation recommendations for those will be brought to Committee from the Human Service Commission. Tom Brotherton moved to approve the 2002 Community Development Block Grant funding as follows: 1) Accept the year 2002 Pass Through funds; 2) Allocate the City's maximum available year 2002 CDBG funds for Human Services at $94,437; 3) Allocate the City's maximum available Year 2002 funds for Panning and Administration in the amount of$76,733; and 4) Authorize the Mayor to sign the County form indicating the City's desire for distribution of year 2002 funds. The motion was seconded by Connie Epperly and passed 3-0. Kronisch Park Owest Easement—Accept and Amend Budget Parks Planning and Development Superintendent Lori Flemm said that Qwest had requested an easement from the City at Kronisch Park for installation of an additional cabinet which would be located in front of the existing cabinet at the site. The location is on the eastside of Military Road at 2481h Street, adjacent to the easement granted to U.S. West last year. Qwest has offered to pay $1,500, which is the same amount the City Parks Committee, 5/8/01 2 received for the first easement. The contractor has done improvements of putting a fence up, installing a gate, and putting in a concrete sidewalk across the frontage of the area. Connie Epperly moved to approve the easement to Kronisch Park and accept the $1,500 from Qwest amending the Land Acquisition budget. The motion was seconded by Tom Brotherton and passed 3-0. Interagencv for Outdoor Recreation Grant Resolutions—Approve Lori Flemm said the Parks Department would like to submit three grant applications to the Interagency Committee for Recreation this year. The Interagency is only accepting acquisitions applications, for which resolutions are required. The applications are for acquisition of property at Turnkey Park, Service Club Ballfields and East Hill Extreme Park. Tom Brotherton moved to approve the IAC grant application resolutions for the acquisition of property at Turnkey Park, Service Club Ballfields, and East Hill Extreme Park. The motion was seconded by Connie Epperly and passed 3-0. Parks Director John Hodgson commented that last year Parks applied for four grants through the Interagency Committee and received the top grant. In the Trails Program, the City received the second top grant. If the legislature passes the budget this year, the Department will receive all four of those grants, totaling $1.4 million, making Kent by far _ the winning city in terms of applications. House Located at 12525 SE 2481h Street—Surplus John Hodgson reported that a house on the Columbia Nursery site was not essential to the City and needed to be designated as surplus. The house will be advertised for bidding. Connie Epperly moved to approve designating the house located at 12525 SE 2481h Street in Kent as surplus. The motion was seconded by Tom Brotherton and passed 3-0. Dragon Boat Race/Cornucopia Days John Hodgson related that last year a Dragon Boat Race demonstration was held at the 41h of July Splash event, and as a result, interest has grown in the activity. The group that was behind the event has requested to put on a fairly lengthy day of competition and exhibits and is working with the Lion's Club, who has agreed to sponsor the race during Cornucopia Days. The event is scheduled for Saturday, July 14th at Lake Meridian. The Parks Department will begin posting signs the first part of June at the boat launch and will also work with the Lake Meridian Homeowner's Association, who is helping with the event. A letter will be sent to each individual homeowner to make sure they know about it. Teams are coming from as far away as Portland. Parks Committee, 518101 3 Sunrise Rotary Donation John Hodgson asked to accept the check and amend the budget for the $4,500 that was presented at the last Council Meeting by the Sunrise Rotary Club for the Service Club Ballfield project. Tom Brotherton moved to accept the $4,500 donation from Kent Sunrise Rotary Club and amend the Service Club Ballfield budget. The motion was seconded by Connie Epperly and passed 3-0. The meeting was adjourned at 4:37 PM. Jackie Bicknell City Council Secretary SPECIAL PLANNING COMMITTEE April 16, 2001 COMMITTEE MEMBERS PRESENT: Chair Tom Brotherton, Tim Clark, Connie Epperly (sitting in for Judy Woods) STAFF PRESENT: Bob Hutchinson, Charlene Anderson, Eileen Harris, Fred Satterstrom, Jim Huntington, Cyndi Wilbur, Tom Brubaker, Michael Evans, Brett Vinson PUBLIC PRESENT: Jeff Barker The meeting was called to order by Chair Tom Brotherton at 4:03 PM. Approval of Minutes of March 5. 2001 Committee Member Tim Clark moved to approve the minutes of March 5, 2001. The motion was seconded by substitute Committee Member Connie Epperly and carved 3-0. Resolution for Multifamily Tax Exemption Planner Eileen Harris said a long time goal of the City has been to support the redevelopment and revitalization of the downtown. The Multifamily Tax Exemption program will be one tool among many the City has enacted over the years that will help achieve the vision of a vibrant, revitalized place full of people, housing, and activities. The program is designed to bring people and more housing into the downtown and will establish a target area which is consistent with the Downtown Strategic Action Plan's district boundaries. It requires an additional minimum of four multifamily housing units, but only allows for a ten year exemption on the added value of the housing improvements. It does not include the commercial or the end values. Tom Brotherton asked for an explanation of the State law and the revisions that made the exemption possible. Ms. Harris explained that in 1995 the State of Washington developed an ad valorem property tax exemption for cities of 150,000 or greater. Smaller cities approached the state and asked to have that revised to include cities of 50,000 or greater. The State authorized the program to increase housing opportunities in areas of cities that are deficient in housing opportunities and to increase housing vitality in areas where there is insufficient housing. Tim Clark elaborated that this was a rare opportunity to create a balanced housing approach in the downtown area and at the same time create a combination of commercial development on the lower floors with housing above. Eileen Harris agreed and said that any project that is proposed for consideration in the program would have to be a minimum of 50% housing. It supports a mixed use type of housing style with retail on the ground floor, possibly office on the second floor, and housing above that. It supports rental or"For Sale" type housing in townhouse or apartment style with attached units. Planning Committee,4/16/01 2 Connie Epperly moved that the City Council consider approval of a resolution to consider a multifamily tax exemption program. Tim Clark seconded the motion and it carried 3-0. Eileen Harris said a public hearing would be held on June 5"' to specifically look at the proposed target area, and an ordinance would be developed as a result of that hearing. Aericultural Lands—Emergency Resolution Senior Planner Charlene Anderson said the Agricultural Lands Emergency Resolution was similar to what was proposed for Urban Separators in the sense that it gets the issue of agricultural lands out of the required annual update and will facilitate moving forward on the study. Tim Clark agreed that the resolution would help to avoid the regular process of a full commitment to the comp plan. He questioned whether retaining the agricultural definition and creating a green belt program would preclude the possibility of doing something like soccer fields. Charlene Anderson explained that the resolution would allow the completion of the study in its total, meaning it could be a comp plan amendment or a zoning code amendment. The GMA allows amendments to the comprehensive plan only once every year. The resolution, in effect, is saying the AG study would go on its own path. Tim Clark moved that an emergency be declared per resolution in accordance with Chapter 12.02 of Kent City Code so that the City may pursue an amendment to the _ Comprehensive Plan regarding a policy for agricultural lands. The motion was seconded by Connie Epperly and carried 3-0. Conversion of Downtown Residential to Commercial Charlene Anderson said conversion of downtown residential buildings to commercial was part of the Strategic Plan that came out of the Council Retreat, but there is not a lot of leeway in the Uniform Building Code to allow flexibility to change an old existing residence into a place of business. Certain code requirements have to be met and modifications can only be used if that would actually increase the safety value of a building. Educating the public is important because they are getting mixed messages of what could be required. Some people think they can just move into a residence and begin business, as opposed to coming to the City and meeting code requirements. Barrier free access is especially important and floor load requirements are different for commercial and residential, which could present issues if somebody wanted to have file cabinets on the top floor of a structure. Tom Brotherton asked whether barrier free access would include every outside entranceway and every internal doorway. Bob Hutchinson, Building Official for the City of Kent, explained that the building code requires that when the use classification of a building is changed, the building has to be brought into compliance for the new established use the same as if it were being built new. The reason is that the original building code requirements for any structure are based on the use for which it is intended. Planning Committee,4/16/01 3 When a building is converted, all of the elements that will be utilized for the new use have to comply with the barrier free requirements contained in the building code. Tim Clark suggested that one of the obvious avenues of education would be to use business license applications to tag any newly converted residences as needing to comply with the codes. Mr. Hutchinson agreed that business licenses might be one avenue to create that kind of information exchange and said there was no current outreach program to find applicants, as those who want to pursue a conversion are relied upon to bring their situation to the City. In almost all cases there are structural change requirements driven by the business owner's need to modify the building. Staff sees the plans when the building permit is applied for and they have the opportunity then to inform the applicant of the accessibility requirements. Tom Brotherton inquired what the need for change would be based upon. Bob Hutchinson said it depended on what the differences were in the construction and layout of the structure between the old use and the new use. In some cases there are genuine safety concerns that drive the need to comply with the modern codes. Residential structures have to be constructed so as to resist a floor dead-load of 40 pounds per square foot. For office structures, the requirement is 50 pounds, and for storage capacity it's 120 pounds. If storage overloads the structural members, that risks structural failure of that portion of the building. Another portion of the code that's concerned with safety is the proximity to property lines on older, smaller lots. The building code has created requirements and prohibitions based on use and the degree of perceived risk associated with each use. Single family dwellings are understood, historically, to be of a lesser risk than a business occupancy. For that reason, a single family residence can be built, under the building code, to within three feet of a property line and there can be openings in those walls without them being constructed to any certain degree of fire resistivity. If a commercial business office has non-rated walls with no fire ratings, it has to be constructed at least 20 feet away from the property line. The building can be situated closer by upgrading to a greater degree of fire resistivity to protect the openings. Any modifications possible to the older houses are driven by the perceived risk that's associated with the commercial use. Connie Epperly asked if the age of the house was taken into consideration since some of the old houses were built to withstand a lot more than 50 square feet of pressure. Bob Hutchinson said the building code is clear and code additions are updated every three years through the state: any building constructed in accordance with the code in effect at the time and continuing that same use for which it was constructed, can continue. When the use is changed, the requirement to meet code is the same as for a new building. The State Building Code Council has enacted the current addition with amendments as authorized by the State Building Code Act and they explicitly remove from the power of local jurisdictions any amendments to certain portions of those amendments and of the code. Local jurisdictions are prohibited from amending those provisions particularly that Planning Committee,4/16/01 4 deal with accessibility and certain others that deal with structure. For commercial use, local requirements could be enacted that would be more stringent but not less restrictive. Tom Brotherton asked whether office building standards had to be implemented on a residential structure that was staying the same but where the use was no longer residential. Mr. Hutchinson said part of the Uniform Building Code, as adopted by the State, says that cities and states shall enforce the Uniform Building Code, and specifically lays the responsibility for enforcing all provisions of the Code with the Building Official. It gives very minimal flexibility in what can be done. Mr. Brotherton inquired whether the whole building would have to meet the standards or only that part where the public would go. Bob Hutchinson said in any conversion of a single family residence, that area that would be devoted to commercial use would be the only portion that would be converted. The building would then encompass or house two different uses, although separation might have to be created between the two occupancy classes. The Building Code prescribes the degree of separation of uses within the same building, and for those that are perceived as greater hazards, a greater degree of fire resistivity may be required between the uses. Mr. Brotherton commented that having to move a structure further away from the property line to accommodate setback requirements seemed almost impossible. Mr. Hutchinson said a more feasible approach would be to close off openings in the wall that would be too close to the property line and upgrade the construction of that wall to the required degree of fire resistivity. Tim Clark suggested using a simple pictorial such as a cartoon to help people understand the requirements in conversion. Connie Epperly stated that most people have the perception that if they own a house zoned commercial, they could open a business in that house. Bob Hutchinson said the State Building Code Council had created a classification very similar to residential for certain types of uses, such as licensed care facilities which have more limited conversion requirements. Occasional uses, which are ancillary to the main use as a dwelling, are not considered to be a change of use. Ms. Epperly asked about home schooling where one parent might teach several students from the neighborhood. Mr. Hutchinson said that use category hadn't been researched, but normally a school is considered a different occupancy class. However, home schooling doesn't fit neatly into either category. Tom Brotherton remarked that a lot of commercial uses are more hazardous in nature and do need sets of standards. However, a professional office that others come to only occasionally where people are selling their knowledge and no special equipment is needed, shouldn't require a lot of changes. Bob Hutchinson responded that in many cases any increased risk is not readily apparent. Part of the rationale behind the requirements in the Building Code has been based on the more traditional view of business uses. Part of the hazard is that most of the businesses are vacant during the evening and weekend hours and the Code looks at those as being a greater hazard than residential. Occupied Planning Committee,4/16/01 5 places may provide greater safety because eyes and ears can spot any problems. Home offices, where one room is used, is not viewed as constituting a change of use. The Committee suggested putting together a brochure to have available to people who may be potential converters of residences to non-residential use; distributing information to business license applicants as part of the package and sending a flyer out to those businesses on the valley floor located in single family residences that have already been granted a license; incorporating visual display racks in the design of the permit center; and making a point of asking people if they were converting from residential to commercial. Connie Epperly also suggested that home occupation licenses could be incorporated into a commercial license. Charlene Anderson responded that the home occupation license was very restricted in square footage and number of trips that could be made to the business, even by UPS. She said developing a brochure would be put on Planning staff s work program. Tom Brotherton suggested developing a distribution plan to go with the brochure, and also creating an information page for the City's web site. The meeting was adjourned at 4:48 PM. Jackie Bicknell City Council Secretary SPECIAL PUBLIC SAFETY COMMITTEE April 24, 2001 COMMITTEE MEMBERS PRESENT: Chair Connie Epperly, Leona Orr(sitting in for Tom Brotherton) STAFF PRESENT: Norm Angelo, Dave Everett, Pat Fitzpatrick, Kraig Peiguss, Jackie Bicknell The meeting was called to order by Chair Connie Epperly at 5:12 PM. Approval of Minutes of April 2, 2001 Substitute Committee Member Leona Orr moved to approve the minutes of April 10, 2001. The motion was seconded by Connie Epperly and carried 2-0. RFP for Member Medical Phvsicals Fire Chief Norm Angelo introduced Lt. Kraig Peiguss who has been working with a new program called Appropriate Destinations and Patient Treatment (ADAPT) that facilitates getting a person to the right place at the right time for the correct level of service needed. Lt. Peiguss won a national award at a medical conference in Baltimore for that same program presentation. Chief Angelo went on to explain that approximately every three years, a new Request for Proposal is sent out for physical examination service for Fire personnel. This year a couple of new issues have come up that are being reviewed by Employee Services and City management having to do with Firefighter Initiative, which gives more definitive parameters to the type of physicals that firefighters should be given and also deals with new entry requirements and physical agility. Two proposals were received back from the RFP, one from the current service provider, Valley Occupational Health Services, and the other from Virginia Mason Occupational Medicine. There are some subtle and significant differences between the two proposals. Occupational Health Services does part of the physical itself, but at Virginia Mason, two doctors are available that would give the overwhelming majority of the physicals. Dr. Strauss at Virginia Mason has a very strong background in respiratory equipment and has also had first hand experience with firefighting techniques and demands. That is a tremendous benefit as he understands the kind of physical demand that is put upon firefighters. The more a physician understands about the type of work, the better the odds are that people will be prepared to handle the strain, and if they do get injured, the medical personnel will better understand what it takes to get them back to the top level of performance. The other doctor at Virginia Mason was a flight surgeon for the Air Force and command staff medical officer for the US submarine force. Both physicians are well versed in the International Fire Chiefs'.and Firefighters' Initiative. There is a cost differential between the two providers. The Virginia Mason physicals are at a higher cost level, but staff feels the significance of the doctors being well versed in what a firefighter does and the ability to have the doctor do the whole examination versus some of it Public Safety Committee,4/24/01 2 done by support staff, were key issues. While Virginia Mason wasn't the low bidder, the other - benefits they offer are significant enough to warrant recommending them. Connie Epperly congratulated Lt. Peiguss on his award. Leona Orr moved to recommend to Council to approve the service contract with Virginia Mason Occupational Medicine and that the Mayor or his designee be authorized to sign said contract. The motion was seconded by Connie Epperly and passed 2-0. Ms. Epperly asked Council Secretary Jackie Bicknell to receive absent Committee Member Sandy Amodt's concurrence on the motion so the item could go on the Council Consent Calendar. Fireworks Connie Epperly explained that calls from citizens concerned about fireworks because of drought conditions and the possibility of water restriction had prompted the Committee to consider whether an emergency ordinance should be put in place, for this year only, restricting the use of fireworks on the 41h of July. Assistant City Attorney Pat Fitzpatrick said it appears the City could restrict the use of fireworks, however a fireworks ordinance or statute would preempt City ordinances and may put significant restrictions on timing issues as ordinances have to be in place a certain number of days prior to the date they can be used. Also, there might be a difference between the ability to restrict the use of fireworks as opposed to restricting the sale of them. Fire Chief Norm Angelo cautioned that this would be a drier year than usual and future rains would be a factor in what happens. If conditions should worsen, the issue would need further discussion. Leona Orr commented that it was important to look at an ordinance now because if conditions should warrant the restriction, it would need to be in place before July 3`d. People are already beginning to apply for licenses to sell fireworks and they shouldn't have to go through that process if the City is going to restrict fireworks use. Connie Epperly asked that the City attorneys research the issue and develop an ordinance, then bring it back to the next meeting. The meeting was adjourned at 5:25 PM. Jackie Bicknell City Council Secretary PUBLIC WORKS COMMITTEE April 16, 2001 COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Connie Epperly, Rico Yingling STAFF PRESENT: Don Wickstrom, Brett Vinson, Tom Brubaker, Cyndi Wilbur, Jackie Bicknell PUBLIC PRESENT: Chlore Miller, Mark Nyhus The meeting was called to order by Chair Tim Clark at 4:06 PM. Approval of Minutes of April 2, 2001 Committee Member Rico Yingling moved to approve the minutes of April 2, 2001. The motion was seconded by Committee Member Connie Epperly and carried 3-0. Surplus Vehicles Public Works Director Don Wickstrom said the attached list of surplus equipment rental vehicles were no longer needed by the City. They have been replaced and will be sold at the next public auction. Connie Epperly moved to recommend authorization to declare the listed vehicles as surplus and authorize the sale thereof at the next public auction. The motion was seconded by Rico Yingling and carried 3-0. Tacoma Second Supply Project Amendment to Design Agreement Don Wickstrom said that the City is paying half of the $2,000,000 design fee for the Tacoma Second Supply Project. At the last Council meeting, the purchase of 6,600 feet of pipe was authorized to assure meeting the construction time frames of getting through the sensitive areas. The pipe has been purchased and Tacoma will advertise the construction project on April 30`h, open bids on May 22"d, and they anticipate awarding the contract by June 131h. The agreement between all the parties will not be in a position to be signed by June 13`h, so in order to keep the project on track, the design agreement has been amended to allow construction to go forward subject to certain conditions: 1.) that the terms and conditions meet with the approval of the Public Works Director and the City Attorney; 2.) that the habitat Conservation Plan and the Incidental Take permit have been issued by the Services; 3.) that the MOA on the water right issue with DOE be executed or the assurances to the satisfaction of the Public Works Director that it will be executed; 4.) confirmation by the Public Works Director that there are no unforeseen issues raised by the Muckleshoot Tribe per Kent and the Covington Water District moving ahead with the construction of the pipe segment; and 5.) that the CWD is an equal financial partner per construction of the pipe agreement. - Rico Yingling moved to recommend to Council authorization for the Mayor to execute the amended design agreement subject to the conditions noted above. The motion was seconded by Connie Epperly and carried 3-0. Public Works Committee,4/16/01 2 Verizon Wireless Access & Utilities Easement Don Wickstrom said that Verizon Wireless is installing antennas on a BP tower located on the Clark Springs watershed property, and wants access to and from the tower across the property to SE 272nd Street. The access route will have to be completely fenced to prevent unwanted intrusion into the City's water source facilities. Deputy City Attorney Tom Brubaker said the City has a Wireless Telecommunications Facility Tower Ordinance for all wireless sites in the City and the easement may be subject to obtaining an appropriate zoning permit under that ordinance. However, the permit may not be needed because the Clark Springs site is a remote, municipally annexed island and has no applicable self-zoning. Verizon representative Mark Nyhus, 575 Andover Park West, Suite 201, Tukwila 98188, said that Verizon is in the process of securing a 550,000 performance bond to take care of any deficiencies or removal of the antennas. Mr. Nyhus asked to extend the revocable license from 30 days to 60 days so Verizon Wireless would have more adequate time to make other arrangements in the event the facility were to be shut down. BP Administration has informed Verizon that the next line outage is scheduled for the 14`h and 15`h of May because of the power crisis, so Verizon is under pressure to meet that deadline. Connie Epperly recommended that Council authorize the granting of a 60 day revocable license to Verizon Wireless subject to concurrence of the terms and conditions thereof by _ the Public Works Director and subject to obtaining an appropriate zoning permit, if applicable. The motion was seconded by Rico Yingling and carried 3-0. Street Vacation — 127`h Avenue SE Don Wickstrom said the City had received a valid petition to vacate a portion of 127`h Avenue SE in the existing right of way. A public hearing must be held in accordance with State law. Rico Yingling moved to recommend to Council adoption of a resolution setting a public hearing date of June 19`h for the 127`h Avenue SE street vacation. The motion was seconded by Connie Epperly and carried 3-0. Condemnation Ordinance- Easement at 132"d and 240`h Don Wickstrom said a low area has overtopped on 132"d between 240`h and 248`h, and this project will relieve flooding in the area and restore fish passage through the culverts there. The County had identified this particular area as a problem before it was annexed into the City. The owner of the property lives out of state and the City has been unable to contact him after 36 tries. Connie Epperly moved to recommend adoption of the respective condemnation ordinance. The motion was seconded by Rico Yingling and carried 3-0. King Countv Intera;encv Signal Aareement— Military Road & South 272nd Street Don Wickstrom said that the next three items were much the same. The signals are in the County right of way and the County is giving the City the right to coordinate the timing with the Public Works Committee,4/16/01 3 City's signal system. The County owns the signal and will be responsible for its operation and maintenance. Rico Yingling moved to recommend Council authorization for the Mayor to sign the Interagency Agreement for the Traffic Signal at the intersection of Military Road South and South 272nd Street upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Connie Epperly and carried 3-0. King Countv Interagencv Signal Agreement—401h Avenue South and South 272nd Connie Epperly moved to recommend Council authorization for the Mayor to sign the Interagency Agreement for the Traffic Signal at the intersection of 40`h Avenue South & South 272"d Street upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Rico Yingling and carried 3-0. King Countv Interagencv Signal Agreement— Orillia Road and South 2001h Street Rico Yingling moved to recommend Council authorization for the Mayor to sign the Interagency Agreement for the Traffic Signal at the intersection of Orillia Road & South 200`h Street upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Connie Epperly and carried 3-0. Emeruencv Water Supply Ordinance Don Wickstrom reported that the City had been buying water from Renton to relax its own — sources, particularly those of Clark Springs and Kent Springs because of the drought. He said the recent rains have helped Clark Springs to recover and get back to normal, but the creek itself is still way below normal. Kent Springs now has the ability to go to the gravity flow from the infiltration gallery and the aquifer has come up significantly to about 18 feet. Mr. Wickstrom expressed concern about the 212`h Street artesian facility, which has been about a million and a half gallons a day short in capacity (almost 10% of the City's available supply). In an artesian, fine materials flow towards the screen and up into the well where the water's pumped out. The materials can actually clog the screen, which is apparently what happened to the 212`h Street well. The only option available is to drill a new well which won't be online until July 5`h. If the summer is hot and dry, Rock Creek will have to be supplemented, requiring additional water demand, and because it can't be predicted what the summer will be like, staff is asking that a water shortage emergency be declared instating two forced conservation measures: 1.) Restricting 3 inch and larger meters for new developments by deferring their use until October Is; and 2.) Restricting irrigating and watering of lawns and landscaping, etc. An odd/even watering system could be used based on location: everything west of SR 167 watered on the odd or even day and everything east of SR 167 on the other day. Tom Brubaker clarified that if the last number of a person's street address was an odd number and the date was an odd number, then that person could water on that day. Even numbered addresses would water on even numbered days. He said a notice had been sent out to residents asking for voluntary conservation every 3`d day based on the last two digits of an address. Rico Yingling asked what the normal flow of Rock Creek was at this time of year, and how soon things could possibly get back to normal. He requested that a monthly update be given on how things were going should an emergency be declared. Don Wickstrom explained that last year the Public Works Committee,4/16/01 4 normal at Rock Creek was 17 feet. August is the peak month and it would be hard to tell before then how the water supply was faring. Tom Brubaker noted also that last season the City committed to the protection of salmon and maintaining minimum flows in Rock Creek. If the drought should continue, water would have to be fed into Rock Creek for the protection of the salmon, who would need it most just at the time when people would need it most. Demand would work both ways and under the Endangered Species Act, the salmon come first in a lot of ways. Connie Epperly moved to recommend Council authorization to adopt the attached ordinance declaring a water supply shortage emergency imposing certain mandatory water use restrictions. The motion was seconded by Rico Yingling and passed 3-0. The meeting adjourned at 5:50 PM. Jackie Bicknell City Council Secretary PUBLIC WORKS COMMITTEE May 21 , 2001 COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Connie Epperly, Rico Yingling STAFF PRESENT: Don Wickstrom, Brett Vinson, John Bond, Gary Gill, Mike Martin, Steve Mullen, Jackie Bicknell The meeting was called to order by Chair Tim Clark at 5:04 PM. Approval of Minutes of May 7, 2001 Committee Member Connie Epperly moved to approve the minutes of May 7, 2001. The motion was seconded by Committee Member Rico Yingling and carried 3-0. Auburn/Kent Emergencv Water Intertie Agreement Don Wickstrom, Public Works Director, said the existing intertie is a small facility that does about 300 gallons a minute. The new intertie is a temporary facility because the road is being torn up and the existing intertie is under 20 feet of fill. It will do 700 gallons a minute and will cost $80,000, which the City of Kent will pay for. The money is available in the Miscellaneous Water Fund and the Source Development fund. The agreement has not yet been approved by the - City of Auburn. Tim Clark asked whether this agreement was part of the attempt to guarantee sharing of water resources throughout the greater King County region. Mr. Wickstrom said it wasn't. He added that there is a forum made up of major water purveyors who have about 5-10 million gallons available from the north that Seattle can send south. Tacoma appears to have 5 million available that they can move to the north. The only areas that are having problems are Kent and Covington. However, the flow from Clark Springs is back to normal and the aquifers have recovered. Kent Springs is on the gravity infiltration gallery system, versus the well, and has come up substantially. Covington has been using the Auburn intertie instead of the Kent Springs aquifer so they can be prepared for heavy water use in August. Highline has verbally committed that Kent can count on them for additional water. Renton can supply a minimal amount but they are concerned about power availability as they do not have emergency power for most of their facilities. The City of Kent is still continuing the restriction on water. Connie Epperly moved to recommend Council authorization for the Mayor to sign the Kent/Auburn Water Svstem Intertie Agreement subject to the City Attorney and the Public Works Director concurring with the language therein. The motion was seconded by Rico Yingling. Mr. Yingling questioned why the City would spend $80,000 on a temporary line if there really wasn't much of a water problem. Don Wickstrom said the extent of the problem wasn't known, or if the supply would withstand the demand. The issue is that Rock Creek will have to be supplemented this summer which could add up to two million gallons a day, but it's hoped that the 212`h facility will be back on line by the end of June. Also, a new well is being Public Works, 5/21/01 2 built at Kent Springs which will help supply, and Auburn would give the City one million gallons. The motion then carried 3-0. Soos Creek Water and Sewer District Emergency System Intertie Agreement Don Wickstrom said the Soos Creek intertie on the East Hill holds the potential of helping the Covington Water District who could have a major problem with water this year. Kent may not need this intertie, but it's important to have it in case there are problems getting water from the James Street reservoirs back up to the East Hill, which is a gravity flow situation. This is a permanent intertie and the cost is $80,000, not counting the water. Rico Yingling moved to recommend Council authorization for the Mayor to sign the Soos Creek Water and Sewer District Emergency Use Intertie Agreement subject to the City Attorney and the Public Works Director concurring with the language therein. The motion was seconded by Connie Epperly and passed 3-0. Latecomer Agreement, Falkner Short Plat—Sanitary Sewer Don Wickstrom stated that the developer of the Falkner Short Plat had requested a sewer latecomer agreement for the 461 feet of sewer main line extension for the project, which is on the East Hill at 218`h and 222nd Connie Epperly moved to recommend Council authorization for the Public Works Director to execute a Sanitary Sewer Latecomer Agreement for the Falkner Short Plat. The motion was seconded by Rico Yingling and passed 3-0. Traffic Mitigation Plan —Construction Season Don Wickstrom said 52,000 flyers would be sent out next week to all the businesses and residents within Kent denoting where the traffic mitigation construction projects are to be, describing each, and identifying detours for key projects. A phone number will be included to let the City know about any problems. One of the City's traffic engineers will act as a traffic flow troubleshooter. The flyers will only be sent out once, but they will have a reference to the City's web site, which will have a map and key to the various projects and specific detour routes listed. That will be updated regularly and the projects will be taken off the web when they are finished. Tim Clark asked when the overlay would be done on 2561h Street. Mr. Wickstrom said the road wouldn't be back in use before fall. The 196`h Corridor was opened before the final asphalt application was put on because the weather would have delayed it. That paving should be done tomorrow, completing that project. Rico Yingling asked if the dates for the projects were pretty secure. Mr. Wickstrom replied that some of the projects are not City controlled so completion dates are a guess. Mr. Yingling suggested color coding the projects on the web as construction gets underway. Acting Chief Administrative Officer Mike Martin related that staff would be working with Information Technology on the web page design and how to list the hot projects along with the dates. He said staff is looking at signage, and at also remotely altering the frequency of traffic signals, — which information could be gotten to the public quickly via the web. Transportation Engineering Manager Steve Mullen said the hope is to link the information to other cities' web sites. Eighty Public Works, 5/21/O1 3 of the 85 traffic signals are interconnected by hard wire pairs, which are brought back to the traffic signal engineer's office in the Centennial Building and those can be monitored remotely. Detectors monitor speed, volume, and occupancy in the system, and select from a library of programs according to defined criteria. The traffic signal engineer and the senior traffic signal technician have laptops and cell phones with data links so they can remotely go in and monitor the system. Most signals can be changed, but some can't because the change needs to be conducted on site for safety purposes. The cycle length can be changed and the different timing plans adjusted to whatever conditions are happening. That is done on a macroscopic scale, selecting from seven different timing plans that are in place. Specific corridors that will be severely impacted by some of the localized detours will be looked at, and the City is working with King County on the signalization. Variable message signs that have the flashing change message will be used to get the notice out two to three weeks in advance of all the major closures. Tim Clark questioned whether anyone had been in contact with Sounder and the railroad companies about the potential for a greater shift of traffic on the railroad lines. As more Sounder trains run, more freight traffic will be dumped on the other freight line, creating another barrier to get across. Mike Martin said there were no plans to add more passenger trains until sometime next winter. Mr. Clark requested investigation into whether there would be work on any Kent track sites that would affect traffic on the current arterials. Mr. Mullen commented that Sound Transit has been coordinating their work with the City well in advance of projects. Rico Yingling asked how traffic would be dealt with during the month long closure of Orillia Road from 212`h to 2001h, which means a lot more traffic will be going north on West Valley Highway to 196`h, then west on 196`h to Orillia Road and making a right turn there. For 212`h there are two very long left turn lanes that funnel a lot of traffic west up 212th and Orillia Road, but on 196`h, there's just one fairly short left turn lane. Steve Mullen said the signal time would be lengthened to accommodate that left turn. At 212`h, one of the left turn lanes would be taken away. He added that King County is sending out about 18,000 mailers to trucking companies in the area, trying to get the word out to everybody. A combination of leading and lagging will be used with the left turns to squeeze out capacity, but more time will be needed for the northbound left turn and it will be more troublesome to get through that one intersection. King County will need to be done with their part and the road fully opened back up before 180`h Street is closed. King County has put incentives in their contract to make sure that would happen. Rainwater Captivation and Use Don Wickstrom reported that the City has a rain barrel program and the barrels would be made available for residential use during the next recycling event for S10 each. Tim Clark commented that he was more concerned about capturing rainwater from public facilities and future City buildings, in particular the new Public Works facility on 248`h, and using it for some of the City's landscaping beautification projects. Mr. Wickstrom stated that retrofitting a collection system would cost a lot of money, but the idea could be included into new designs and become part of the cost of the project. He mentioned that the Millennium School incorporated the use of rainwater into their landscaping theme. Public Works, 5/21/01 4 The Public Works facility is a potential site for rainwater captivation. It will have a detention - pond, but there are stringent restrictions on storing water and its release rate. Tim Clark suggested adding the Kent Commons and the jail as other large facilities that could be used in that way. He suggested the City begin to think of the concept differently, and said if the weather cycle was changing it could have significant ramifications later on. Mr. Wickstrom related that developments have been required for 10 years to try and get the rainwater back into the ground in infiltration trenches with the overflow connecting to the drains instead of running straight to the storm drain system. Rico Yingling commented that with a$150,000 for the vault and the cost of actually digging up the ground, installing the vault, repaving, and adding in the maintenance, it would become a very costly project that would service only half an acre. Mr. Clark asserted that aesthetics wouldn't be a concern and that storage wouldn't have to be below ground. Don Wickstrom suggested calling the school district to see what kind of cost they had incurred with their building. The meeting was adjourned at 5:45 PM. Jackie Bicknell City Council Secretary CONTINUED COMMUNICATIONS A. ,/ EXECUTIVE SESSION A. Property Acquisition