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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/19/1995 N, i rl rl I u elela�xxnaw�atePaawrl�� wl j}}� f t,i 4'r r`S r x,v !"T;. fH„kj yl'Y`�fli7�'I4, t.v}iif#t It{Ylr'ti � ft@"t �siE i�ilty IY.1tt„i'I'm'nr �i) i11,rEk,�ff11�i�xl�litii ; y 4 C..4i................ IiM bt� ii "+i17+ yit e k v;f i i it �,Ik v t " i v � S + i 'll trt! !I 6p l l '�� ii 6 II r r ' , Yf 1 U i�i�ik'. ; a BII i iii , t s r Ifxrit F Iik l t ,9., r �,� - 1, l ; �,rl it i r', pl .ljv a , ^ ls; +oi OU nil +'V �i 'vltr r��tii !4_ li IT AMX' If Age +ail hIt( krfr f,I $gY r° y iS I 4 1 t ' •,r li }, k tipp 1 i p 3 I It'll � 1 CI �'"� CI �i S I;f ICI) � l f IY4W WNIIIAIMl I11dNMIN1tr1' �1� W }Npxl� � ; { ` 4 �3P9 if�ltI� 110 e jt VI, I o aft 1 4R �tll�l �4 lY 1164�� r i i rah v II Iinl� Ilty°. } t r x it ify�!k�l�iS,J�l�t 1` 3� r`s a 1 I H ry�l�iFv{SI �1k�i,llkl t } 7 7 i 1 it. I 1 s, r) t; It I r� lli P k y4 i$l tb1(��i� I l {fi�y;�xl>E{} iy51 I � 9a•. 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Introduction of Mayor's Appointees --E�. Proclamation - Crime Prevention Month yY. Proclamation - Day of Concern for the Hungry r, l mil. Proclamation - Kent Area PTA Week ZK. Proclamation - Literacy Month Regional Justice Center Update 2 . PUBLIC HEARINGS 2y L is --A' Adult Entertainment Moratorium Extension - Ordinance --18: 1996 Community Development Block Grant Program ' Six Year Transportation Improvement Program - Resolutionlyyq 3 . CONSENT CALENDAR Approval of Minutes Approval of Bills -4e Riverbend Golf Complex Restroom Project - Accept as Complete ' Comprehensive Plan Emergency Declaration - Resolutionlq'F5 ,R. Arts Commission Appointment ,F': S. 212th Street HOV Lanes - West Valley Highway to SR 167 - Agreement .1Y. Workshop and Continued Public Hearing on CIP - Set Date -4P. . Kent Transit Advisory Board Appointment T. Council Absence 4 . THER BUSINESS Investment Poli L.lttl-e, League tte e (c.S 5 IDS L j b . ,);'Fire Engine/Aid Apparatus rr Lake Fenwick Restoration Watershed Nonpoint Improvements t 61 CONTINUED COMMUNICATIONS r 7 , ORT1 S 8 JOURNMENT NOTE: A copy of the full agenda packet is available for perusal ih therCity Cler 's Office and'Ith� Kent Library. ' An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent(206) 854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Introduction of Mayor' s Appointees B) Proclamation - Crime Prevention Month C) Proclamation - Day of Concern for the Hungry D) Proclamation - Kent Area PTA Week E) Proclamation - (/Literacy ( Month 7 ➢ � Ll.l C 1 ,`_t.✓�l- %�r'1 �,y�µ�' F) Regional Justice Center Update Kent City Council Meeting Date September 19 , 1995 Category Public Hearings 1. SUBJECT: ADULT ENTERTAINMENT MORATORIUM EXTENSION 2 . SUMMARY STATEMENT: During 1994, the City of Kent was in- volved in litigation regarding adult use entertainment. As a result of the order of the U.S. District Court, the City must amend its zoning code to provide reasonable, alternative sites for adult entertainment businesses. Pending a review of the necessary zoning change, the City adopted Ordinance No. 3185 which instituted a six month moratorium on the acceptance of permit applications and the issuance of permits for adult use businesses. The City has completed the public hearing process before the Planning Commission, however, the six month mora- torium expired before the zoning code amendment process could be completed. Therefore, the moratorium was extended for an additional six month term. The Planning Committee is now scheduled to deliberate the issue prior to bringing the issue before the full Council, for council action on December 12 , 1995. Because the existing moratorium will expire prior to that date, the moratorium is extended to January 15, 1996 or until the effective date of any ordinance establishing new land use regulations governing the location of adult entertainment businesses, whichever is sooner. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS• OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember kqlv moves, Councilmember ` seconds to adopt Ordinance No. 2 4' _ e toqishing an extension of a land use moratorium on the issu of perm and accep- tance of applications for per or ad t use f ili ' es. DISCUSSION: k 6 A At ACTION: Council A d Item No. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning of adult entertainment businesses, extending a moratorium on the issuance of permits and on the acceptance of applications for permits for adult entertainment businesses as defined in KCC Title 5 until January 15 , 1996 , pursuant to RCW 35A. 63 . 220 ; and further declaring a public emergency necessary for the protection of public health, safety, property and peace . WHEREAS, the City' s adult entertainment zoning restrictions were found deficient by the U. S . District Court for the Western District of Washington because as applied, the Kent Zoning restrictions denied adult entertainment businesses reasonable alternative sites within which to locate; and WHEREAS, the City needed time to revise its present zoning restrictions and determine how to provide reasonable alternative sites for the location of adult entertainment businesses consistent with the court' s ruling; and WHEREAS , the City Council finds that there are negative secondary effects associated with adult entertainment businesses which constitute a threat to the public health, safety and welfare; and WHEREAS, the public health, safety and welfare would be jeopardized by the establishment of adult entertainment businesses prior to adoption of new zoning legislation by Council ; and WHEREAS, any changes to the zoning code must also consider changes in zoning regulations adopted pursuant to the Growth Management Act, RCW 36 . 70A; and WHEREAS, the City Council found that the protection of the public health, safety and welfare supported a moratorium on adult entertainment businesses pending appropriate amendments consistent with the ruling of the U. S . District Court Cause No. C94-256Z; and WHEREAS, pursuant to RCW 35A. 12 . 130, the City Council may, by a vote of majority plus one of the Council, adopt a public emergency ordinance for the protection of public health, public safety, public property or public peace; and WHEREAS, since the court ruled that, as applied, the City' s zoning code restrictions failed to provide reasonable alternative sites for the location of adult use businesses, the City cannot properly accept and process applications for such facilities ; and WHEREAS, on September 20 , 1994 , the City Council adopted an emergency ordinance establishing a six month moratorium on the acceptance of permit applications and the issuance of permits for adult entertainment businesses; and WHEREAS, during the moratorium period, the City of Kent Planning Commission has conducted workshops and held public hearings to address amending it ' s adult entertainment zoning regulations ; and 2 WHEREAS, the deliberations of the Kent Planning Commission extended beyond the initial 6 month moratorium; and WHEREAS, expiration of the initial moratorium prior to the implementation of an amendment to the zoning code creates a continuing threat to the public health, safety, property and peace; and WHEREAS, to avoid exposing the City to the negative secondary effects associated with adult entertainment businesses and to accommodate the continued deliberations on zoning code amendments for adult entertainment zoning, the City Council declared an emergency and extended the moratorium on April 4 , 1995 , for an additional 6 month period, pursuant to RCW 35A. 63 . 220 ; and WHEREAS, the City has not been able to complete review of zoning changes regarding adult entertainment businesses within the term of the moratorium and therefore finds it necessary to extend the moratorium to allow completion of this review; and WHEREAS, the matter is scheduled to be brought before the Kent Planning Committee for discussion and action and thereafter to be brought before the full council for action on December 12 , 1995 ; and WHEREAS, the moratorium must therefore be extended until January 15, 1996 , to allow the process to be completed; and WHEREAS, pursuant to RCW 35A. 12 . 130, the City Council also finds that, due to the negative secondary effects associated with adult entertainment businesses, an emergency ordinance is 3 necessary for the protection of public health, public safety, public property, and public peace; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1. The above listed recitals are found to be true and correct in all respects . SECTION 2. As a result of the ruling of the U. S . District Court for the Western District in Cause No . C94-256Z and due to the negative secondary effects associated with adult entertainment businesses, an emergency situation exists necessitating immediate action and that a public emergency ordinance is the appropriate and necessary action to take for the protection of public health, public safety, public property, and public peace . SECTION 3. Due to the findings set forth herein and as authorized pursuant to RCW 35A. 63 . 220 , the land use moratorium prohibiting the issuance of permits and acceptance of permit applications for adult entertainment businesses adopted by Ordinance 3185 and extended by Ordinance 3216 is hereby extended until January 15 , 1996 , or until the effective date of any ordinance establishing new regulations governing the location of adult entertainment businesses, whichever is sooner, and during said moratorium, no use permit shall be issued. nor shall any use or permit application be accepted for any adult entertainment business as defined in KCC Title 5 . SECTION 4. As a result of the ruling and order of the U. S . District Court for the Western District in Cause No . 4 C94-256Z, the plaintiff in .said case shall not be affected by the extended moratorium established herein for the proposed adult entertainment use on the property identified in the order. SECTION 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance . SECTION 6. Effective Date. This emergency ordinance shall take effect and be in force immediately upon adoption. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1995 . 5 APPROVED day of 1995 . PUBLISHED day of 1995 . I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 21nduse.ord 6 Kent City Council Meeting Date September 19 , 1995 Category Public Hearings 1. SUBJECT: 1996 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2 , SUMMARY STATEMENT: This date has been set to consider adoption of the 1996 Community Development Block Grant (CDBG) Program, including the contingency plans for estimated entitle- ment changes, as recommended by the Planning Committee and Human Services Commission. 3 . EXHIBITS: Memo, proposed 1996 CDBG Program Funding Levels, 1996 CDBG Program Staff Analysis, and Planning Committee minutes of 9/5/95 4 . RECOMMENDED BY:- Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6.. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: "op PUBLIC INPUT: CLOSE HEARING: Ve 7 . CITY COUNCIL ACTION: IA Councilmember uV V� moves, Councilmember W tt(04 seconds to adopt the 1996 Community Development Block Grant Program, including the contingency plans for estimated entitlement changes, as recommended by the Planning Committee. DISCUSSION: ACTION: Council Agenda Item No. 2B t.til LLt11./L L.tILVLVLLVV UL ti1lLVICLVLJLL�LIIIVL� Capital/Planning Recommended Applications Received Amount Requested Funding Level Children's Home Society $60,000 $39,373 Acquisition Children's Therapy Center $12,750 $0 Weatherization City of Kent, $180,000 $180,000 Home Repair Services Prg City of Kent, Parks & Rec. $30,000 $0 Renovate Park - Tot Lot #4 City of Kent Planning & $40,365 $40,365 Administration Easter Seals of Washington $28,462 $15,500* Access Modification Rehab Highline Community College $5,813 $0 Child Care Center - play equip. Highline Community College $24,335 $20,600 Child Care Center - kitchen Kent Youth and Family Services $31,724 $0 Watson Manor renovation MRCP $30,000 $21,600 Paradise Mobile Home Park- rehab TOTAL $453,449 $317,438 HUMAN (PUBLIC) SERVICES Human (Public) Services Recommended Applications Received Amount Requested Funding Level Community Health Centers of $25,000 $11,594 King County, Kent Clinic Emergency Feeding Program $8,507 $7,734 of Seattle-King County Kent School District $15,250 $5,000 Futures Club l YWCA of Seattle-King County, $29,000 $23.595 Domestic Violence Housing TOTAL. $77,757 $47,923 CITY of �� �� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM September 19, 1995 MEMO TO: MAYOR JIM WHITE AND MEMBERS OF THE CITY COUNCIL FROM: BETSY CZARK, PLANNER SUBJECT: 1996 PROPOSED CDBG PROGRAM Attached is the proposed 1996 Community Development Block Grant(CDBG) Program for the City of Kent. The total proposed program is estimated at $365,361. This is a 24 percent ($116,458) reduction from our 1995 CDBG funding level of$481,819. This reduction has resulted in difficult funding decisions; Kent received CDBG funding requests exceeding by over $170,000 the CDBG dollars available. On September 5, the Planning Committee approved the attached proposed 1996 Community Development Block Grant (CDBG) Program, including its contingency plan. A description of each program requesting Kent's CDBG funds and the rationale for the recommended funding is attached for your review. The Human Services Commission reviewed the CDBG human (public) service applications. The attached proposal includes the Commission's funding recommendations for those human services programs. As in past years, the majority of the CDBG funds are recommended to support the City's Home Repair Services Program. This program continues to serve many low-income, disabled and senior homeowners in Kent by providing needed repairs. The program also guarantees that some of Kent's low- and moderate- income housing stock is maintained and preserved. Home Repair's summer painting program is not recommended for CDBG funding this year. The attached analysis explains the rationale for this recommendation. Keep in mind that Kent's CDBG entitlement figure of $365,361 for 1996 is an estimate. The amount of money we receive could change depending upon the final federal appropriations bill Congress passes in the Fall. Therefore, the recommended funding includes a contingency plan to address any potential entitlement changes that may occur when Congress adopts the 1996 budget. Kent's adopted 1996 CDBG Program must include such a contingency plan and be forwarded to King County by October 2, 1995. Recommended Actions 1. Approve the proposed 1996 Community Development Block Grant (CDBG) Program, including its contingency plan. BC/mp:a:\96cdbg\96pgrm.cc PROPOSED CITY OF KENT 1996 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Total Estimated Capital Funds: $277,073 Total Estimated Planning & Administration Funds: $40,365 Total Human (Public) Services Funds: $47,923 Total: $365,361 CAPITAL/PLANNING & ADMINISTRATION Capital/Planning Recommended Applications Received Amount Requested Funding Level Children's Home Society $60,000 $39,373 Acquisition Children's Therapy Center $12,750 $0 Weatherization City of Kent, $180,000 $180,000 Home Repair Services Prg City of Kent, Parks & Rec. $30,000 $0 Renovate Park - Tot Lot #4 City of Kent Planning & $40,365 $40,365 Administration Easter Seals of Washington $28,462 $15,500* Access Modification Rehab Highline Community College $5,813 $0 Child Care Center - play equip. Highline Community College $24,335 $20,600 Child Care Center - kitchen Kent Youth and Family Services $31,724 $0 Watson Manor renovation MHCP $30,000 $21,600 Paradise Mobile Home Park- rehab TOTAL $453,449 $3177 438 HUMAN (PUBLIC) SERVICES Human (Public) Services Recommended Applications Received Amount Requested Funding Level Community Health Centers of $25,000 $11,594 King County, Kent Clinic Emergency Feeding Program $8,507 $7,734 of Seattle-King County Kent School District $15,250 $5,000 Futures Club YWCA of Seattle-King County, $29,000 $23.595 Domestic Violence Housing TOTAL $77,757 $47,923 CONTINGENCY PLAN. If Kent's CDBG capital dollars increase from the current estimate then: 1st The increase will be first allocated to Highline Community College's Kitchen renovation project up to its full request (for a maximum additional allocation of $3,735). 2nd the next $5,000 will be allocated to the Parks Department project ( Note: $5,000 is the minimum a CDBG project can receive, therefore, since the Parks project has $0 allocated in the proposed program the project needs to receive at least $5,000 from the contingency plan) 3rd Any additional capital dollars after these two allocations will be split evenly between the Parks project and MHCP up to their full request. 4th In the remote possibility that the City receives additional capital dollars that are not absorbed by the aforementioned projects, these dollars will be allocated to the Home Repair Program. HOWEVER, if after the Highline Community College's Kitchen project receives its full request there is not enough of an increase to allow an allocation of $5,000 to the Parks project (Note $5,000 is the minimum allocation a CDBG project can receive) then the remaining increase in CDBG dollars will be allocated to MRCP. If Kent's CDBG capital dollars decrease from the current estimate then the decrease will be split evenly between the children's Home Society and MIICP. With either an increase or decrease in Kent's CDBG human services dollars, the change will be spilt evenly between the Health Center and the YWCA. *The Easter Seals allocation of $15,500 includes $5,455 in unspent 1993 and 1994 CDBG funds that Kent had allocated to Easter Seals in those years. Kent is now recapturing those funds and reallocatinQ this money to Easter Seals in 1996. be A96cdbg\cdbg.pgm PROPOSED CITY OF KENT 1996 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STAFF ANALYSIS CAPITAL and PLANNING & ADMIMSTRATION CDBG REQUESTS (1-10): 1. CHILDREN'S HOME SOCIETY: Acquisition of building Amount Requested: $60,000 Program Summary: The proposed project is the acquisition of a building which Children's Home Society currently occupies. This building is located across the street from Kent City Hall. The building was occupied and began providing services late in 1994 under a lease with purchase option. The Children's Home Society has until September 1996 to exercise the option and purchase the building at the fixed price of $725,000. Following the acquisition of this building, rental payments of over $70,000 per year will be freed up to fund more services (i.e., the child care and Head Start components of the program). The agency uses this building to provide child development services, child care, family support services, and Head Start services to low income families in Kent and South County. The program housed in the building is Family First, which is a model demonstration project designed to assist families in building the skills needed to raise healthy children and gain self-sufficiency. All families are below the poverty line when they enter the program, and one goal of the program is to help them gain employment and get off public assistance. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $39,373 If Kent's CDBG capital dollars decrease from the current estimate, then the decrease will be split evenly between the Children's Home Society and MRCP. Rationale: Children's Home Society is an excellent organization and has successfully run the Family's First program which helps families gain self-sufficiency and other life skills. This request is just one small part of a state-wide fund raising campaign for this acquisition; Kent dollars will leverage a significant amount of other dollars. This is only 1 PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 the first stage of a multi-year project which will include building renovation and program expansion. The expansion of this program will benefit Kent citizens. 2. CHILDREN'S THERAPY CENTER: New siding and insulation for building Amount Requested: $12,750 Program Summary: . The proposed project is to remove existing vinyl siding, install insulation in-the floor, wall and ceiling and to install new siding and exterior trim as needed. Children's Therapy Center (CTC) provides high quality ongoing therapy for infants and young children with a wide range of physical disabilities. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium polices. Staff Funding Recommendation: $0 Rationale: Although this is an excellent program, we are not recommending funding for this project. Currently, Kent provides the CTC with ongoing support through Kent's one percent set aside for human services. Kent also granted almost $10,000 in 1995 CDBG dollars to replace a roof on their building. Staff feels that funding insulation is a low priority, especially given our reduced Block Grant dollars. Furthermore, the agency could potentially get this work donated to them from a weatherization or home repair service, or other community organization. 3. CITY OF KENT HOME REPAIR SERVICES PROGRAM Amount Requested: $180,000 Program Summary: The City's Home Repair Service Program provides major and minor repairs to income eligible owner-occupied housing located within the City of Kent. The proposed program this year does not include funding for the summer painting program. This is because of both reduced CDBG dollars and the anticipated increase in demand for repair services in the Meridian Annexation in 1996. The money freed up from the exclusion of the painting program will be needed to provide minor repair to the Meridian Annexation area. Consequently, there is a proposal that the highly successful painting program be funded out of the general fund in 1996. 2 PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 The CDBG funds will pay the salaries of our home repair staff(who do the actual minor repairs and administration of the program), supplies for minor repairs, vehicle rental, contractor fees for our major repairs, and miscellaneous administrative fees. Dependent upon City Council and Human Resources approval, the salary portion includes the upgrade of two home repair positions. Our Minor Home Repair Specialist position will increase from a part-time position to a full time position to handle the increase demand anticipated from the Meridian Annexation. The Home Repair Coordinator will be upgraded to a level equal to similarly responsible positions at the City. If these position upgrades are not approved, the money saved will be spent on minor repair supplies and/or major repairs. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $180,000 If Kent's CDBG capital dollars increase from the current estimate then the increase will be first allocated to Highline Community College's Kitchen renovation project, MHCP and City of Kent Parks Dept. Tot Lot #4 awards as described in each of these projects' "Staff Funding Recommendation" section. In the event that the CDBG increase is greater than all three of those requests, any remaining increase will be allocated to the Home Repair Program. Rationale: The City should continue its commitment to the Home Repair Services Program which has operated in the City since 1975 when the Federal CDBG program began. The program serves 100% low- and moderate-income Kent residents. Most of the clients are seniors or disabled persons; the program helps these people.remain in their homes and helps to maintain and preserve Kent's housing stock. 4. CITY OF KENT'S PARKS AND RECREATION DEPARTMENT: Kiwanis Tot Lot #4 Rehabilitation (at 5th and Crow St., South of Willis) Amount Requested: $30,000 Program Summary: This proposed funding would be used to rehabilitate an existing park in a low- and moderate- income neighborhood. Old outdated play equipment will be replaced with a new large play structure, ground material, and border. Additional work on the project will be done by a construction contractor through the Fee-in-Lieu program (i.e., adding a sports court, parking, and providing a master plan for a total value of $34,000). 3 PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $0 If Kent's CDBG capital dollars increase from the current estimate, then the increase will be first allocated to Highline Community College's Kitchen renovation project up to its full request. If the increase allows, the next $5,000 in the CDBG increase will be allocated to the Parks Department project. Any increase over that amount will be split evenly between MHCP and City of Kent Parks Dept. Tot Lot #4 awards; but neither will receive more than their requested amount. If the increase does not afford the Parks project to receive at least $5,000 then the project will receive no CDBG funds. The minimum CDBG award allowable is $5,000. Rationale: For the past two years Kent's CDBG dollars have funded the rehabilitation of two parks located in low and moderate income neighborhoods. The park project CDBG funded in 1994 is located just 4 blocks away from this proposed park project. It is estimated that we will receive over $100,000 less in CDBG dollars for capital projects than we were granted in 1995. Given the other critical needs addressed in the other applications for capital block grant funding and that we have funded two parks projects in the last two years, staff is not recommending funding of this project, except as described in the "Contingency Plan". 5. CITY OF KENT PLANNING AND ADMINISTRATION: for the CDBG program Amount Set Aside: $40,365 Program Summary: The planning and administration of the CDBG program involves a number of tasks such as contract development and monitoring, regional cooperation, and fulfilling the various federal reporting requirements. These dollars will continue the funding of an existing permanent part-time planner position and possibly a temporary short-term project- orientated intern for approximately 1 to 4 months. Funds will also be used for general program administration costs which support Kent's CDBG program. Due to a potential for further cuts in dollars at the federal level, the estimated $40,365 may be reduced. If this occurs there may not be adequate dollars available to continue to fund the current planner position. In anticipation of this possibility, a request has been made in the 1996 general fund budget to supplement the dollars needed to continue this position at .its 4 PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 current level. If the CDBG dollars are not reduced, the general fund request will be withdrawn. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $40,365 Rationale: The Council has already taken action at their April 4, 1995 meeting to accept the maximum set aside for planning and administration CDBG dollars. That is estimated to be $40,365. This amount is critical for the staffing necessary to effectively administer the CDBG program and to ensure compliance with federal monitoring and reporting requirements. The majority of the dollars will continue an existing permanent part-time position. We need this amount to be set aside for planning and administration, instead of going to services, because Kent's general fund does not fully cover the staff time needed to administer and plan for the CDBG program. 6. EASTER SEALS OF WASHINGTON: Housing modifications for low and moderate-income people with mobility limitations Amount Requested: $28,462 Program Summary: This project provides access modifications to allow handicapped accessibility in Kent homes. Specifically, access ramps, roll-in showers, grab bars, curb cuts, widening interior doors, wall hung sinks, and raised toilets are proposed. Requested funds would also pay for a portion of the Project Manager's salary and administrative costs. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $15,500 Rationale: This program partially supplements the City's Home Repair Services Program. The City's Home Repair Program only serves owner-occupied units, consequently, Kent has limited the work of Easter Seals to rental units only. The project specifically addresses a City of Kent local CDBG strategy to provide access modification for disabled persons. The agency definitely serves a need and does good work, however, 5 PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 - there is concern that it is not being aggressive enough about informing Kent citizens of its services. Easter Seals has had some difficulty in meeting its performance measures (i.e., number of modifications completed) in the past. Therefore, staff recommends that Easter Seals 1996 funding be reduced from the 1995 level of $22,425. Currently, this agency has almost $5,500 in unspent money from its 1993 and 1994 CDBG allocations. Easter Seals only receives money for each modification it completes. Since Easter Seals has not completed all its contracted modifications it has unspent money. Staff recommends recapturing these unspent 1993 and 1994 dollars and reallocating them to the agency in 1996. In addition, staff recommends that the agency receive $10,000 in 1996 CDBG funds, a reduction from its 1995 funding of $22,425. This results in a total 1996 allocation of $15,500. It is hoped that this reduction will motivate Easter Seals into a more aggressive marketing of its product. We are also recommending that Easter Seals attend a free marketing class at the University of Washington. Staff believes it is best to close the 1993 and 1994 contracts and work solely on the agency meeting its current 1995 and its future 1996 performance measures. Staff will closely monitor the agency's progress in meeting its performance measurements and marketing success throughout the year and will evaluate the program's efforts before determining any funding allocation for them in 1997. 7. HIGHLINE COMMUNITY COLLEGE: Purchase Toddler Play Equipment for Child Care Center Amount Requested: $5,813 Program Summary: The Child Care Center (CCC) at Highline Community College provides day-care for children whose parent(s) are attending the College to learn skills and acquire the education they need to obtain living wage jobs. The CCC added a toddler component to its day care facility in 1990. The CCC does not generate profits as it operates on a sliding fee scale based on family income (note: 65% of the families using CCC are low- income), and no funds have been available to purchase play equipment for the toddlers (18 mo to 3 years old). This request is for funds to purchase and install play equipment for the toddlers at the CCC. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $0 6 PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 Rationale: The CCC has two separate requests in for capital CDBG funding. Given these two requests, this one for toddler play equipment and the other for a kitchen renovation, the request for toddler play equipment is of lesser priority; the food program in the kitchen provides for a more critical basic need. Therefore, given limited dollars staff recommends that we fund the kitchen facility instead of the play equipment. 8. HIGHLINE COMMUNITY COLLEGE: Renovate kitchen to allow a full food service program at the Child Care Center Amount Requested: $24,335 Program Summary: The Child Care Center (CCC) at Highline Community College provides day-care for children whose parent(s) are attending the College to learn skills and acquire the education they need to obtain living wage jobs. The CCC serves a significant number of Kent residents: of the 150 children it serves, 40 are from Kent. The CCC recently applied for and received funding from Ronald McDonald Charities and US Bank to initiate a USDA-approved breakfast and lunch program as the majority of the CCC children come from single-parent, low-income families. The kitchen space available to prepare lunches for 150 children each day is minimal, poorly-equipped, unventilated and over-crowded. Lack of preparation space, storage, ventilation and appliances prohibit the implementation of a full food program, allowing only light meals. The requested funds would be used to renovate the kitchen located in the Child Care Center (CCC) at Highline Community college to permit staff to prepare and serve cooked meals for children at the center. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $20,600 If Kent's CDBG capital dollars increase from the current estimate, then the increase will be first allocated to Highline Community College's Kitchen renovation project up to its full request. Rationale: Adequate nutrition is essential to the healthy development of children. The food program at the CCC was initiated to ensure that the children at CCC were at least receiving one good meal a day. According to the CCC staff, before the food program many of the children were arriving without lunches or, if they had lunches, without PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 _. proper nourishment. This may be because 65 percent of the families using CCC are low-income. In addition, the CCC serves a significant number of Kent residents: of the 150 children it serves, 40 are from Kent. As explained in the analysis of their previous request, the CCC has two separate requests in for capital CDBG funding: this one for their food program and the other for toddler play equipment. Given these two applications, the request to renovate their kitchen in order to expand their food program is of greater and more urgent need. In conversations with the CCC staff they agree that the kitchen work is more urgent; and furthermore, they need to receive a significant portion of their funding request from each city to make the kitchen project feasible (they have requested money from both SeaTac and Federal Way; both cities are recommending funding). Therefore, we recommend funding this project almost at its full request. 9. KENT YOUTH AND FAMILY SERVICES: Replace baseboard heaters and bathroom fixtures at Watson Manor (transitional housing for homeless teen parents). Amount Requested: $31,724 Program Summary: Watson Manor houses and provides comprehensive social services to homeless teen mothers and their children for up to two years. The program is designed to provide parenting teens an opportunity to become economically self-sufficient and good, positive, nurturing parents. The funds requested would be used to replace worn baseboard heaters and bathroom fixtures at the 10 apartment units at Watson Manor. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $0 Rationale: Kent Youth and Family Services offers a good and .needed program at Watson Manor; however, the application for funds establishes no real need f6r the replacement of the baseboard heaters or bathroom fixtures. Given the established need of many other requests, staff is not recommending funding. 8 PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 10. MANUFACTURED HOUSING COMMUNITY PRESERVATIONIST (MHCP): Paradise Mobile Home Park rehabilitation (412 N. Washington Ave.) Amount Requested: $30,000 Program Summary: Manufactured Housing Community Preservationists (MRCP), a non-profit community housing development organization, proposes to acquire and renovate Paradise Mobile Home Park in Kent using funds from many sources. The organization will rehabilitate the park, repair mobile homes, reduce rents for income eligible household, and operate the property as a mobile home park. The park has one permanent house, which includes an apartment and laundry room. Kent's CDBG investment would help rehabilitate this house. The house will be rented to a household with an income of 50% of median income or below. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Staff Funding Recommendation: $21,600 If Kent's CDBG capital dollars increase from the current estimate, then the increase will be first allocated to Highline Community College's Kitchen renovation project up to its full request. If the increase allows, the next $5,000 in the CDBG increase will be allocated to the Parks Department project. Any increase over that amount will be split evenly between MHCP and City of Kent Parks Dept. Tot Lot#4 awards, but neither will receive more than their requested amount. If the increase does not afford the Parks project to receive at least $5,000 then the project will receive no CDBG funds. The minimum CDBG award allowable is $5,000. In that case any increase after the Kitchen project increase will be allocated to MHCP. Rationale: Mobile homes are a source of affordable home ownership for many of Kent's low-income families and seniors. Development pressures are endangering many mobile home parks throughout King County. The MHCP purchase of the Paradise mobile home park will not only preserve the mobile home park from other development, but will also ensure that its space rentals remain affordable to the residents. This project has either committed or pending funding of over 2 million dollars, a significant portion of which they cannot receive unless Kent provides some kind of local contribution. Therefore, any dollars that Kent grants this project will leverage over 2 million dollars: a terrific bargain. This funding recommendation will allow the most critical safety repairs to be made to the house and laundry, to complete the full scope of rehabilitation would take more funds. 9 PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 HUMAN (PUBLIC) SERVICES REQUESTS (11-14) 11. COMMUNITY HEALTH CENTERS OF KING COUNTY - Kent Clinic services. Amount Requested: $25,000 Program Summary: The Community Health Center provides critical health services to our population who cannot receive health care anywhere else. The Kent Clinic will continue to provide Kent residents with primary health care visits, dental care, and pre-natal/OB care. In 1996 the Clinic will be able to serve many more clients due to the building expansion. The Clinic has also added a dental clinic. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Human Service Commission Funding Recommendation: $119594 If the City receives either an increase or decrease in its CDBG human services entitlement, the change will be split evenly between the Health Center's CDBG funding and the YWCA. Rationale: Health care is a critical need in Kent. The Kent Clinic serves a large percentage of low-income Kent residents. This is the major point of access to medical service for our low-income population. Given limited resources the Human Services Commission wanted to recommend an overall funding of the Health Center of at least the 1995 level. However, because of demands on the CDBG human services dollars, the Health Center's recommended funding from CDBG was reduced from the 1995 level of $21,465. However, the Commission was able to make up all but approximately $3,000 of this reduction with a recommended allocation of$52,028 from the General Fund's 1% set aside for human services. In order to maintain competitive salaries and quality care at least this level of total funding should be granted. 12. EMERGENCY FEEDING PROGRAM OF SEATTLE-KING COUNTY: Distribution of boxed meals Amount Requested: $8,507 10 PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 Program Summary: The Emergency Feeding Program provides boxed meals for distribution at a number of sites in Kent. The Emergency Feeding Program differs from a food bank in that the boxed meals are created for people without access to cooking facilities. In 1996, the Emergency Feeding Program will continue to provide Kent residents, including infants with nutritionally balanced boxed meals. Special meal boxes are prepared for specific health concerns such as high blood pressure, low sodium, low sugar, and liquid diet needs. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Human Service Commission Funding Recommendation: $7,734 Rationale: The agency provides nutritionally balanced meals to individuals and families in crisis. The City of Kent began funding this agency four years ago. The agency has demonstrated to the City that it is providing a vital service in a competent and efficient manner. 13. KENT SCHOOL DISTRICT: FUTURES CLUB Amount Requested: $15,250 Program Summary: The Futures Club provides structured academic and recreational activities for children that would not otherwise have them. The program is located at elementary schools and apartment complexes. The Futures Club is striving for a school, parent, and community partnership to promote a healthy, structured environment for elementary aged children before, during, and after-school. It relies on parent and volunteer help and collaboration with various service agencies and community organizations. The Futures Club began in the summer of 1994 with one location at Daniel Elementary School. Students from about six different schools within the Kent School District (mostly from the East Hill area) attended this summer program. For the 1994/1995 school year the site moved to Park Orchard Elementary. Currently the program is also at the Willowbrook, Kenton Ridge, and Ridgegate apartments. The program includes counseling, conflict resolution, cooperative learning games, recreational, and enrichment activities. The requested money would provide partial funding for a program coordinator to work full-time throughout the year developing ancJ7 coordinating the 11 PROPOSED CITY OF KENT 1996 CDBG PROGRAM September 19, 1995 program and supervising the individual site supervisors with the on-site activities. Currently, it is almost entirely staffed by volunteers. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Human Services Commission Funding Recommendation: $5,000 Rationale: The Futures Club is an excellent program and implements a collaborative effort to provide critical support to children in the Kent area. It addresses a critical need in our community for youth services. This program helps give our low-income and at- risk youth the support they need in order to be successful. The Futures Club receives support from both the Kent Police Department and the Parks Department as well as King County, and many volunteers. In addition, one of the Council's Top Priorities is to work with the School District to expand the use of schools for programs. 14. YWCA OF SEATTLE-KING COUNTY - Domestic Violence Housing Program. Amount Requested: $29,000 Program Summary: The YWCA's program is the only transitional housing for victims of domestic violence in South County. In 1996, the YWCA will continue to provide Kent victims of domestic violence with shelter in 5 units of transitional housing. Local and Consortium Policies and Priorities: The proposed project complies with all local and consortium policies. Human Service Commission Funding Recommendation: $239595 If the City receives either an increase or decrease in its CDBG human services entitlement, the change will be split evenly between the Health Center's CDBG funding and the YWCA's. Rationale: This program is the only transitional housing program for victims of domestic violence in South King County and provides a vital service for Kent residents. This is one major piece in the continuum of housing services needed t help victims move out of the cycle of violence. bc:96cdbg/bgprgm.rpt 9/14/95 12 CITY COUNCIL PLANNING COMMITTEE MINUTES September 5, 1995 1996 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - (BETSY CZARK) Planner Betsy Czark informed the Committee the total proposed 1996 CDBG program is estimated at $365,361. This is a 24 percent ($116,458) reduction from our 1995 CDBG funding level of $481,819. There is $170,000 more in block grant requests than we have money available. The majority of the funds will be for our Home Repair program. The summer painting program will not be funded by block grant; we have requested that General Fund pay for that program.. There are two portions to this program. As reviewed and recommended by staff, the capital Planning and Administration funding portion is $317,438. As recommended by the Human Services Commission, the public (human) services funding portion is $47,923. Human Services Manager Lin Ball indicated that General Fund may not pay for the summer painting program. If this Program is not funded through the general fund, it will be deferred for a year in hopes that it may be funded in 1997. Planner Betsy Czark discussed the contingency plan for the block grant funding. Lin Ball talked about the request for two staffing changes in the Home Repair program. The minor home repair specialist position would go from part-time to full-time, the Home Repair Coordinator would be upgraded to the level of similar positions in the city. There was some discussion regarding CDBG funding. There were some reductions in funding for some of the human services programs because of reduced funding and a new program has been added for the 1996 funding year, the Kent School District Futures Club. One Committee member voiced concern that some programs would rely on our funds to operate and would we be liable if funding became unavailable? Roger Lubovich and Laurie Evezich said we are covered in our contracts with the agencies. Betsy Czark discussed the contingency plan and a change or clarification in that plan. In the case that there would be additional funds available, the first increase would go to the Highline kitchen renovation, any additional $5,000 would go to the Parks Department only instead of the Parks Department and MRCP. Any funds after those two allocations would be split between Parks and MHCP to their full funding. Any additional beyond that would be allocated to the Home Repair Program. If, after Highline Community College receives its full request, there is not an additional S5,000 available for the Parks Department Tot Lot, then the Parks Project would get nothing, and MHCP would get the additional dollars. A decrease in funds would be divided between the Children's Home Society and MRCP. The minimum funding provided by the Federal Government is $5,000 for a program and . CITY COUNCIL PLANNING COMMITTEE MINUTES September 5, 1995 since the Parks Department is not funded in the original proposal the contingency plan must fund them a minimum of $5,000, or not at all. There was discussion about Planning and Administration funds. Lin Ball requested additional funds for Administration in a budget meeting with Brent McFall so that we may continue to keep our current staff because at the Federal level the funds may be cut. There was further discussion about programs and the number of Kent residents they serve and Administration and Planning funding. Jon Johnson asked, if the General Fund allocates funding for Planning and Administration, could the funds freed up from CDBG help cover other programs. Staff replied that they could. Councilmember Clark MOVED and Councilmember Johnson SECONDED the motion to approve the proposed 1996 CDBG program including the contingency plan (as amended) and forward for adoption to the full City Council and schedule a public hearing on September 19, 1995 to consider adoption of the proposed 1996 CDBG program. Motion carried. Kent City Council Meeting Date September 19 1995 Category Public Hearinas 1. SUBJECT: SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2 . SUMMARY STATEMENT: As authorized by Council, this date has been set for the Public Hearing and adoption of a resolution establishing the 1996-2001 Six-Year Transportation Plan. The Public Works Director will give a brief description of the project along with other pertinent information. 3 . EXHIBITS: Public Works Director memorandum and Six-Year Transportation Improvement Plan, Resolution 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember MLLylIAl moves, Councilmember seconds that Resolution No. lqqq_ be adopted establishing the 1996-2001 Six-Year Transportation Improvement Program. DISCUSSION• ACTION: Council Agenda Item No. 2C RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting the 1996- 2001 Six Year Transportation Improvement Plan. WHEREAS, after proper notice, the City Council of the City of Kent held a public- hearing at the regular meeting of the City Council held at 7 : 00 p.m. on September 19 , 1995, to consider public testimony on the proposed Transportation Improvement Plan for the City and having considered public testimony to the Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1 . The 1996 through 2001 Six Year Transportation Improvement Plan, set forth in the Exhibit A attached hereto and herewith filed with the City Clerk, is hereby adopted. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1995. Concurred in by the Mayor of the City of Kent, this day of 1995. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1995 . (SEAL) BRENDA JACOBER, CITY CLERK sixyear.res 2 _. DEPARTMENT OF PUBLIC WORKS September 13, 1995 TO: City Council FROM: Don Wickstr L, Public Works Director SUBJECT: SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1996 -2001 Each year,the City has been mandated by state law to prepare and adopt a Six-Year Transportation Improvement Program. Beginning this past year, GMA has required that the City prepare a Capital Facilities Plan, as well. Although the Capital Facilities Plan [ CFP ] is now the more critical document from a planning standpoint; the requirement to prepare a Six-Year Transportation Improvement Program which matches the CFP, remains. Earlier this year, the City adopted its Capital Facilities Plan for the 1996 through 2001 time period. Attached, is the matching Six-Year Transportation Improvement Program for your consideration. This current Six-Year TIP is very similar to that for previous years that the Council has reviewed and approved. There are fewer projects identified than in previous years, however, since, as with the Capital Facilities Plan, only those project which are funded, or capable of being funded, may be included. In summary, this Plan programs to spend almost $84,000,000 over the six year period on transportation improvements and enhancements. Of that total, $61,000,000 is to spent on the City's Corridor projects, and $17,944,000 for other arterial roadway improvements. $9,588,000 of the arterial roadway improvement budget is directly related to providing High Occupancy Vehicle lanes on three important regional corridors [ including the improvements currently under construction on South 212th Street ]. $1,442,000 is programmed to be spent for bicycle and pedestrian facility projects, and another $1,920,000 is budgeted for upgrading the City's pedestrian facilities -- including compliance with the Americans With Disabilities Act. A cumulative total of$935,000 is budgeted for pavement rehabilitation upon East Valley Highway, between South 192nd Street and South 212th Street, and upon South Central Avenue between Willis Street and the Green River Bridge. Finally,working with METRO,the City has$503,000 [$419,000 of which is being provided by the Federal Government] budgeted for the equipment purchase and operation of a Flexible Route small bus system for the downtown area. Recommendation: Adopt Six-Year Transportation Improvement Program. - EXHIBI1 � _r CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1996 - 2001 6 +f � P �Y f VICTN Don E. Wickstrom, P.E. 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U' U LL T a N N a W O LL V U cm) m - Q U m CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Number Project Name Page 1 South 272"/277" Street Corridor Project . . . . . . . . . . . . . . . . . . . . . . . 7 Auburn Way North to Kent-Kangley Road(State Route 516) 2 South 196'/200" Street Corridor Project . . . . . . . . . . . . . . . . . . . . . . . 8 Orillia Road to West Valley Highway (State Route 181) 3 South 196`/200" Street Corridor Project . . . . . . . . . . . . . . . . . . . . . . . 9 West Valley Highway (State Route 181) to East Valley Highway 4 Reith Road/West Meeker at Kent-Des Moines Road (State Route 516) Intersection Improvement Project . . . . . . . . . . . . 10 Reith Roadl Meeker Street at Kent-Des Moines Road(State Route 516) 5 South 212" Street High Occupancy Vehicle Lanes Project . . . . . . . . 11 West Valley Highway (State Route 181) to State Route 167 6 East Valley Highway Pavement Rehabilitation Project . . . . . . . . . . . 12 South 192'Street to South 212'Street 7 Russell Road at West Meeker Street Traffic Signal System . . . . . . . 13 Russell Road at West Meeker Street 8 Citywide Bicycle and Pedestrian Improvements Interurban Trail at South 212" Street Signal System . . . . . . . . . . . . 14 Interurban Trail at South 212'Street 9 Washington Avenue ( State Route 181 ) High Occupancy Vehicle Lanes Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . 15 Harrison Street to Green River Bridge 10 Pacific Highway South ( State Route 99 ) High Occupancy Vehicle Lanes Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Kent-Des Moines Road(State Route 516) to South 252id Street 11 64' Avenue South Extension Project . . . . . . . . . . . . . . . . . . . . . . . . . . 17 South 21611 Street to South 226"Street 12 Green River Valley Traffic Signal Coordination Project . . . . . . . . . . 18 West Valley Highway -- Kent-Des Moines Road to South 180`h Street South 1801h Street-- West Valley Highway to Benson Highway 13 James Street at Central Avenue Intersection Improvement Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 James Street at Central Avenue 14 METRO Americans' with Disabilities Act [ ADA ] Improvements Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Washington Avenue (State Route 181), Harrison Street, Smith I Street, Lincoln Avenue 15 Southeast 2561" Street Widening Project . . . . . . . . . . . . . . . . . . . . . . . 21 Kent-Kangley Road(State Route 516) to 116`h Avenue Southeast CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATIONIMPROVEMENTPROGRAM Project Number Project Name Page 16 Americans' with Disabilities Act Compliance Sidewalk Repair and Rehabilitation Program Project . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Citywide 17 Flexible/Intelligent Shuttle Bus Demonstration Project . . . . . . . . . . 23 Downtown 18 Neighborhood Traffic Control Program . . . . . . . . . . . . . . . . . . . . . . . 24 Citywide 19 Canyon Drive Bicycle and Pedestrian Facilities Project . . . . . . . . . . 25 Alvord Avenue to 94th Avenue South 20 West Meeker Street Widening Project--Phase I . . . . . . . . . . . . . . . . 26 Kent-Des Moines Road(State Route 516) to Green River Bridge 21 Central Avenue Pavement Rehabilitation Project . . . . . . . . . . . . . . . 27 Willis Street to (State Route 516) to Green River Bridge 22 72"d Avenue South Extension Project . . . . . . . . . . . . . . . . . . . . . . . . . . 28 South 194`h Street to South 196'Street 23 Military Road Widening Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Reith Road to Kent-Des Moines Road(State Route 516) CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATIONIMPR0VEMENT PROGRAM PROJECT: South 272od/277`h Street Corridor Project Auburn Way North to Kent-Kangley Road ( State Route 516 ) DESCRIPTION: Construct a new five-lane roadway from Auburn Way to the Kent-Kangley Road( State Route 516 ), via South 277th Street, Southeast 274th Street, and 116th Avenue Southeast, including a new bridge over the Green River, and a modification to the traffic signals at the intersections of South 277th Street and Auburn Way North and at 116th Avenue Southeast and the Kent - Kangley Road ( State Route 516 ). Project will include the construction of full-width paving,concrete curbs, gutters and sidewalks, street lighting, storm drainage, bike paths, landscaping, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . $1,900,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . $3,200,000 Construction . . . . . . . . . . . . . . . . . . . $21,400,000 TOTAL . . . . . . . . . . . . . . . . . . . $26,500,000 FUNDING SOURCE(S) Funded, LID Pending, TIA, City of Kent, LID .1 STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington];LID--Local Improvement District prl71 P('t Nn 1 Paon _ 7 _ CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: South 196`h/200"Street Corridor Project Orillia Road to West Valley Highway ( State Route 181 ) DESCRIPTION: Construct a new five-lane roadway from Orillia Road to Russell Road, and widen Russell Road/ South 196th Street to West Valley Highway ( State Route 181 ), including a new bridge over the Green River, signalization of the intersection of South 200th Street at Orillia Road, and a modification to the traffic signal at the intersection of South 196th Street at West Valley Highway. Project will include the construction of full-width paving, concrete curbs, gutters and sidewalks, street lighting, storm drainage, bike paths, landscaping, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . $781,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . $2,323,000 Construction . . . . . . . . . . . . . . . . . . . $ 9,396,000 TOTAL . . . . . . . . . . . . . . . . . . . $12,500,000 FUNDING SOURCE(S) Funded, LID Pending TIA, King County,City of Kent, LID STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA --Transportation Improvement Account, UATA --Urban Arterial Trust Account[State of Washington];LID--Local Improvement District Project No 2 Page - 8 - CITY OF KENT, WASHINGTON SIX YEAR TRAN PORTATION IMPROVEMENT PRO GgAM PROJECT: South 196"/200" Street Corridor Project West Valley Highway ( State Route 181 ) to East Valley Highway DESCRIPTION: Construct a new five-lane roadway from West Valley Highway to East Valley Road, including a new bridge over the Union Pacific and the Burlington Northern Railroads'mainlines;widen South 196th Street between West Valley Highway and 72nd Avenue South, signalization of the intersection of South 196th Street at East Valley Road. Project will include the construction of full- width paving, bridges, concrete curbs, gutters and sidewalks, street lighting, storm drainage, bike paths [ from West Valley Highway to the Interurban Trail ], landscaping, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . $1,500,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . $4,700,000 Construction . . . . . . . . . . . . . . . . . . . $15,800,000 TOTAL . . . . . . . . . . . . . . . . . . . $22,000,000 FUNDING SOURCE(S) Funded, LID Pending TIA, City of Kent, LID STP=-Surface Transportation Program [Federal], (U) Urban,(C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA--Transportation Improvement Account, UATA --Urban Arterial Trust Account[State of Washington];LID--Local Improvement District CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Reith Road/W. Meeker Street at Kent-Des Moines Road Intersection Improvement Project DESCRIPTION: Widen Reith Road and West Meeker Street from a point 500 feet west of the Kent-Des Moines Road to the Frager Road. Construct paving, concrete curbs, gutters and sidewalks, street lighting, storm drainage, bike paths, landscaping, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . . $4,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- Construction . . . . . . . . . . . . . . . . . . . . . . $53,000 TOTAL . . . . . . . . . . . . . . . . . . . . . . $57,000 FUNDING SOURCE(S) Funded STP (U), City of Kent STP--Surface Transportation Program [Federal], (U)Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington];LID--Local Improvement District Project No. 4 Page - 10 - CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: South 212" Street High Occupancy Vehicle Lanes West Valley Highway to State Route 167 DESCRIPTION: Widen South 212th Street to provide a pair of High Occupancy Vehicle lanes from West Valley Highway(State Route 181 )to State Route 167,reconstruct existing sidewalks, provide a ten-foot wide concrete sidewalk/bicycle path, and modify the existing traffic signal systems at West Valley Highway, 72nd Ave. S., 76th/ 77th Ave. S., 84th Ave. S./ East Valley Highway; install signalization system at the Interurban Trail crossing, and modify the existing grade crossing protection systems at the Union Pacific and Burlington Northern Railroad mainlines . PROJECT COST Preliminary Engineering . . . . . . . . . . . . . $380,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . $250,000 Construction . . . . . . . . . . . . . . . . . . . . $3,270,000 TOTAL . . . . . . . . . . . . . . . . . . . . $3,900,000 FUNDING SOURCE(S) Funded, Construction Underway UATA, City of Kent, LID STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TM--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington];LID--Local Improvement District CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: East Valley Highway Pavement Rehabilitation Project South 19211 Street to South 212' Street DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional lifespan to the roadway,between South 192nd Street and South 212th Street. Project will include the removal and replacement of the existing pavement in the curb ( #2 ) travel lanes in both directions, and a full-width asphaltic concrete overlay of the entire roadway. Project will also include the selective replacement of catch basin inlets and aprons,driveways,and curbs and gutters. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . $18,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- Construction . . . . . . . . . . . . . . . . . . . . . $492,000 TOTAL . . . . . . . . . . . . . . . . . . . . . $510,000 FUNDING SOURCE(S) Funded STP (U), City of Kent STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TM--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington];LID--Local Improvement District Proiect No. 6 Page - 12 - CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Russell Road at West Meeker Street Traffic Signal System DESCRIPTION: Install a multi-phase traffic signalization system at the intersection of Russell Road at West Meeker Street. Project will include the minor widening on West Meeker Street and reconstruction of the curb returns on the northerly side of Meeker Street. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . $10,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . $10,000 Construction . . . . . . . . . . . . . . . . . . . . . $180,000 TOTAL . . . . . . . . . . . . . . . . . . . . . $200,000 FUNDING SOURCE(S) Funded, LID Pending City of Kent, LID STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA--Transportation Improvement Account, UATA -- Urban Arterial Trust Account[State of Washington];LID-- Local Improvement District CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Citywide Bicycle and Improvements Interurban Trail at South 212" Street Signal System DESCRIPTION: Install a span-wire signal system to provide safe pedestrian and cyclist access across South 212th Street at the Interurban Trail. Project to be constructed in conjunction with the South 212th Street High Occupancy Vehicle Lanes Project. After 1996, make miscellaneous improvements to the City's Bicycle Route System. 1996 . 1998-2001 PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . $10,000 $40,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- $ -0- Construction . . . . . . . . . . . . . . . . . . . . . . $90,000 $360,000 TOTAL . . . . . . . . . . . . . . . . . . . . $100,000 $400,000 FUNDING SOURCE(S) Funded STP (E), City of Kent STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality;TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington];LID--Local Improvement District Project No 8 Pase - 14 - CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATIONIMPROVEMENT PROGRAM T PROJECT: Washington Avenue (State Route 181 ) High Occupancy Vehicle Lanes Project Harrison Street to Green River Bridge DESCRIPTION: Widen Washington Avenue ( State Route 181 ) to seven lanes [two general purpose lanes each direction, one H.O.V. lane in each direction, plus turn lanes] from Harrison Street to State Route 516 (Kent-Des Moines Road), and four lanes south to the Green River Bridge, and modify the existing traffic signal systems at the intersections of Washington Avenue at West Meeker Street and Kent-Des Moines Road(State Route 516). Project will include the construction of full-width paving, concrete curbs, gutters and sidewalks, street lighting, storm drainage, bike paths, landscaping, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . $160,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . $300 000 Construction . . . . . . . . . . . . . . . . . . . . . $640,000 TOTAL . . . . . . . . . . . . . . . . . . . . $1,000,000 FUNDING SOURCE(S) UATA, City of Kent, LID STP—Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA--Transportation Improvement Account, UATA -Urban Arterial Trust Account[State of Washington];LID--Local Improvement District CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Pacific Highway South ( State Route 99 ) H.O.V. Lanes Kent -Des Moines Road ( State Route 516 ) to South 252nd Street ( Southerly City Limits ) DESCRIPTION: Widen Pacific Highway South to provide a pair of High Occupancy Vehicle lanes from the Kent - Des Moines Road ( State Route 516 ) to South 252nd Street, reconstruct existing sidewalks, provide a ten-foot wide concrete sidewalk/bicycle path, and modify the existing traffic signal systems at the Kent- Des Moines Road, South 240th Street, and at South 252nd Street. Project will include paving, concrete curbs, gutters, and sidewalks, storm drainage systems, utilities, landscaping, and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . $466,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . $500,000 Construction . . . . . . . . . . . . . . . . . . . . $3,772,000 TOTAL . . . . . . . . . . . . . . . . . . . . $4,688,000 FUNDING SOURCE(S) STP (U), TIA, UATA, City of Kent, LID STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality;TIA--Transportation Improvement Account, UATA Urban Arterial Trust Account[State of Washington];LID--Local Improvement District Project No. 10 Pale - 16 - CITY OF KENT) WASHINGTON SIX YEAR TRANSPOR TA TION IMPROVEMENT PROGRAM PROJECT: 64" Avenue South Extension Project South 21611 Street to South 226`h Street DESCRIPTION: Construct new five-lane roadway from South 216th Street to South 226th Street. Project will include the construction of full-width paving, concrete curbs, gutters, and sidewalks; street lighting, storm drainage, median improvements, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . $104 000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . $148,000 Construction . . . . . . . . . . . . . . . . . . . . $1,948,000 TOTAL . . . . . . . . . . . . . . . . . . . . $3,900,000 y FUNDING SOURCE(S) Funded, LID Pending City of Kent, LID STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality;TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington];LID--Local Improvement District CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTA TIONIMPRO VEMENT PROGRAM PROJECT: Green River Valley Traffic Signal Coordination Project West Valley Highway--Kent- Des Moines Road to South 180"Street South 180t° Street--West Valley Highway to Benson Highway DESCRIPTION: Complete the design report for the Inter-agency traffic signal coordination project involving the Cities of Kent, Tukwila, and Renton, King County, and the Washington State Department of Transportation. Signal coordination recommendations to be made for West Valley Highway, from Kent-Des Moines Road to Interstate 405, and on South 180th Street from West Valley Highway to Benson Highway ( State Route 515 ), implement the recommendations,therein,and monitor the net level-of-service improvements. PROJECT COST Administration and Analysis . . . . . . . . . . . . $5,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- Construction . . . . . . . . . . . . . . . . . . . . . . . . . $ -0- TOTAL . . . . . . . . . . . . . . . . . . . . . . . $5,000 FUNDING SOURCE(S) Funded, Project Ongoing City of Kent STP--Surface Transportation Program [Federal�, (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality;TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington 1;LID--Local Improvement District Project No. 12 _ PaEe - 18 - CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATIONIIVIPR0VEMENTPROGRAM s PROJECT: James Street at Central Avenue Intersection Improvement Project DESCRIPTION: Widen the east leg of the James Street at Central Avenue intersection to provide an exclusive right-turn lane for westbound traffic on James Street, and modify the existing traffic signalization system. Project will include the construction of paving, concrete curbs,gutters, and sidewalks; street lighting, storm drainage, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . $25 000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . $100,000 Construction . . . . . . . . . . . . . . . . . . . . . $225,000 TOTAL . . . . . . . . . . . . . . . . . . . . . $350,000 FUNDING SOURCE(S) DATA, City of Kent STP Surface Transportation Program [Federal 1, (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington 1;LID--Local Improvement District CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: METRO Americans With Disabilities Act Improvements Project Washington Avenue,Harrison Street, Smith Street, Lincoln Avenue DESCRIPTION: Construct walkway improvements at various locations to improve disabled- person access to regional transit facilities. Project will include the construction. of concrete sidewalks, and pedestrian ramps at intersections. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . $12,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- Construction . . . . . . . . . . . . . . . . . . . . . $108,000 TOTAL . . . . . . . . . . . . . . . . . . . . . $120,000 FUNDING SOURCE(S) Funded METRO, City of Kent STP-- Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington];LID--Local Improvement District Project No. 14 Page - 20 - CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Southeast 2561h Street Widening Project Kent-Kangley Road (State Route 516) to 1161h Avenue Southeast DESCRIPTION: Widen Southeast 256th Street to provide a five-lane roadway, including four general-purpose travel lanes, a center left-turn lane, and a Class II bicycle facility, and modify the existing traffic signal systems at the intersections of SE 256th Street/ Kent-Kangley Road and SE 256th Street/ 116th Avenue Southeast. Project will include the construction of full-width paving, concrete curbs, gutters, and sidewalks; street lighting, storm drainage, median improvements, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . $434,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . $928,000 Construction . . . . . . . . . . . . . . . . . . . . $1,538,000 TOTAL . . . . . . . . . . . . . . . . . . . . $2,900,000 FUNDING SOURCE(S) UATA, City of Kent, LID STP,-Surface Transportation Program [Federal 1, (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington 1;LID--Local Improvement District CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Americans With Disabilities Act Compliance Sidewalk Repair and Rehabilitation Program Project DESCRIPTION: Reconstruct and repair existing sidewalks and pedestrian ramps, and install new hard-surfaced sidewalks to implement the requirements of the Federal Government's Americans With Disabilities Act. Project will include an inventory of the City's sidewalk/ walkway facilities, identification and correction of existing deficiencies. Project will include the construction of concrete curbs, gutters, and sidewalks; minor storm drainage, and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . $180,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- Construction . . . . . . . . . . . . . . . . . . . . $1,620,000 TOTAL . . . . . . . . . . . . . . . . . . . . $1,800,000 FUNDING SOURCE(S) Funded City of Kent STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality;TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington];LID--Local Improvement District Project No. 16 Page - 22 - CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATIONIMPROVEMENT PRO RAM w PROJECT: Flexible/Intelligent Shuttle Bus Demonstration Project DESCRIPTION: Provide enhanced transit service in the Downtown Kent business area through the use of a fixed route shuttle service, with demand-responsive routing capabilities. Service route points to include Aukeen District Court, South King County Activity Center [ SKCAC ], South King County Regional Justice Center, and DSHS. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . . . . $ -0- SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- Operation and Equipment Purchase . . . . . $503,000 u TOTAL . . . . . . . . . . . . . . . . . . . . . $503,000 FUNDING SOURCE(S) Funded STP ( CMAQ ), Metro, City of Kent STP=-Surface Transportation Program [Federal), (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality;TL4--Transportation Improvement Account, UATA-- Urban Arterial Trust Account(State of Washington);LID--Local Improvement District CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Neighborhood Traffic Control Program - Citywide - DESCRIPTION: Construct minor improvements: roadway signage and channelization, sight distance improvements, etc., in the City's residential neighborhoods to promote pedestrian and resident safety,divert non-local traffic, and encourage driver compliance with the existing traffic laws. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . . $4,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- Construction . . . . . . . . . . . . . . . . . . . . . . $36,000 TOTAL . . . . . . . . . . . . . . . . . . . . . . $40,000 FUNDING SOURCE(S) Funded City of Kent STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TM--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington];LID--Local Improvement District Proiect No. 18 Page - 24 - CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Y PROJECT: Canyon Drive Bicycle and Pedestrian Facilities Project Alvord Avenue to 94th Avenue South DESCRIPTION: Improve Canyon Drive ( State Route 516 ) by extending the existing sidewalks along the northerly side of Canyon Drive, and construct new concrete sidewalks along the southerly side of Canyon Drive, between Alvord Avenue and 94th Avenue South, and widen the pavement along the southerly side of the roadway to provide a Class II bicycle facility. Project will include the construction of paving, concrete curbs, gutters, and sidewalks; street lighting, minor storm drainage, and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . $50,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- Construction . . . . . . . . . . . . . . . . . . . . . $742,000 TOTAL . . . . . . . . . . . . . . . . . . . . . $792,000 FUNDING SOURCE(S) STP (E), City of Kent STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR),Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality;TM--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[ State of Washington];LID-- Local Improvement District CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: West Meeker Street Widening Project--Phase I Kent-Des Moines Road ( State Route 516 ) to Green River Bridge DESCRIPTION: Widen West Meeker Street to provide a five-lane roadway, including four general-purpose travel lanes; a center left-turn lane, and a Class II bicycle facility, and modify the existing traffic signal system at the intersection of West Meeker Street/Kent-Des Moines Road, and construct a second, parallel span to the existing bridge over the Green River. Project will include the construction of full-width paving,concrete curbs,gutters,and sidewalks;street lighting, storm drainage, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . $376,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . $60,000 Construction . . . . . . . . . . . . . . . . . . . . $2,130,000 TOTAL . . . . . . . . . . . . . . . . . . . . $2,566,000 FUNDING SOURCE(S) STP (BR), DATA, City of Kent r STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[ State of Washington];LID--Local Improvement District Project No. 20 Paae - 26 - CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Central Avenue Pavement Rehabilitation Project Willis Street ( State Route 516 ) to Green River Bridge DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional lifespan to the roadway, between Willis Street ( State Route 516 ) and the Green River Bridge. Project will include the removal and replacement of the upper two inches (2" ) of the existing pavement in the curb (#2 ) travel lanes in both directions, and a full-width asphaltic concrete overlay of the entire roadway. Project will also include the selective replacement of catch basin inlets and aprons, driveways, and curbs and gutters. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . $18 000 SUMMARY: ' Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- Construction . . . . . . . . . . . . . . . . . . . . . $407,000 TOTAL . . . . . . . . . . . . . . . . . . . . . $425,000 FUNDING SOURCE(S) Funded STP (U), City of Kent STP--Surface Transportation Program[Federal], (U) Urban, (C) Statewide Competitive, (BR)Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TM--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[State of Washington 1;LID--Local Improvement District CITY OF KENT, WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 72"d Avenue South Extension Project South 194" Street to South 196" Street DESCRIPTION: Construct new five-lane roadway from South 194th Street to South 196th Street. Project will include the construction of full-width paving, concrete curbs, gutters, and sidewalks; street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . $80,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . $216,000 Construction . . . . . . . . . . . . . . . . . . . . . $244,000 TOTAL . . . . . . . . . . . . . . . . . . . . . $540,000 Ir FUNDING SOURCE(S) Funded, LID Pending City of Kent, LID STP--Surface Transportation Program [ Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Au Quality; TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account [State of Washington];LID--Local Improvement District Project No. 22 Paee - 28 - CITY OF KENT, WASHINGTON IX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Military Road Widening Project Reith Road to Kent-Des Moines Road ( State Route 516 ) DESCRIPTION: Widen Military Road to provide an interim three-lane roadway, including two general-purpose travel lanes, and a center left-turn lane, and a Class II bicycle facility at selected intersections Project will include the construction of paving, concrete curbs, gutters, and sidewalks; street lighting, utilities and appurtenances. PROJECT COST Preliminary Engineering . . . . . . . . . . . . . . $40,000 SUMMARY: Right of Way Acquisition . . . . . . . . . . . . . . . . $ -0- Construction . . . . . . . . . . . . . . . . . . . . . $110,000 TOTAL . . . . . . . . . . . . . . . . . . . . . $150,000 Y FUNDING SOURCE(S) UATA, City of Kent STP--Surface Transportation Program [Federal], (U) Urban, (C) Statewide Competitive, (BR) Bridge Replacement, (E)Enhancements,(CMAQ)Congestion Mitigation/Air Quality; TIA--Transportation Improvement Account, UATA-- Urban Arterial Trust Account[ State of Washington];LID-- Local Improvement District Project No. 23 Page - 29 - CONSENT CALENDAR 3 . city council Action: Councilmember ' moves, Councilmember �r "Yl/✓� seconds that Consent Calendar Items A through I be approved. Discussion Action / } l � 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of September 5, 1995, with the following correction to Item 3B: Check Numbers 158304-159201 Should read 158460-159021 3B. Approval of Bills. Approval of payment of the bills received through August 31 and paid on August 31, 1995 after auditing by the Operations Committee on September 13 , 1995 . Approval of checks issued for vouchers: Date Check Numbers Amount 8/31/95 159022-159851 $1, 644 , 477 . 18 Approval of checks issued for payroll for August 16 through August 31, 1995 and paid on September 5, 1995.: Date Check Numbers Amount 9/5/95 Checks 205828-206161 $ 266, 976. 13 Advices 27104-27506 507 , 991. 42 $ 774 , 967 . 55 Council Agenda Item No. 3 A-B Kent, Washington September 5, 1995 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Council-members Bennett, Clark, Houser, Johnson, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Manager Satterstrom, Public Works Director Wickstrom, Fire Chief Angelo, Police Captain Miller, Parks Director Hodgson, and Finance Director Miller. Approximately 15 people were at the meeting. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Tracey Wickersham of the Cultural Arts Division of the Parks Department has been selected as Employee of the Month for September. He noted that Ms. Wickersham handles such activities as the Balloon Classic, Canterbury Faire, the Summer Concert Series and other special events. Lori Hogan noted that Ms. Wickersham became the Cultural Program Manager last November and has since demonstrated leadership and managerial abilities. She noted that Tracey' s efforts were largely responsible for the Parks Department receiving the Suburban Arts and Heritage Grant from King County. Ms. Wickersham was congratu- lated and presented with the Employee of the Month plaque. Constitution Week. Mayor White read a proclama- tion declaring the week of September 17-23 , 1995 as Constitution Week in the City of Kent. He encouraged all citizens to reflect during that week on the many benefits of our Federal Constitution and American citizenship. The proclamation was presented to Peggy Eisaman. Introduction of Mayor's Appointee. Mayor White introduced Dr. Mac D. Culver, his appointee to the Kent Human Services Commission. He noted that Dr. Culver is the Superintendent of the Rainier Christian Schools, and welcomed him to the Commission. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through N be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of August 15, 1995. 1 September 5, 1995 HEALTH & (CONSENT CALENDAR - ITEM 3L) SANITATION Top Food & Drug - Bill of Sale. AUTHORIZATION to accept as complete the bill of sale and warranty agreement for Top Food & Drugs submitted by Supervalu Holdings for continuous operation and maintenance of 15 feet of water main, 324 feet of sanitary sewers, 596 feet of storm sewers, and 855 feet of street improvements, and release of bonds after expiration period, as recommended by the Public Works Director. The project is located in the vicinity of S.E. 260th Street and 100th Avenue Southeast. PUBLIC WORKS (BIDS - ITEM 5B) Upper Garrison Creek Conveyance Improvements Phase II. Bid opening for this project was held on Tuesday, August 29th with 8 bids received. The low bid of $123 , 125 . 65 was submitted by M. Liffrig Construction Co. , Inc. , Lynnwood.. The Engineer' s estimate was $116, 162 . 01. This is the second phase of the Upper Garrison Creek project. This portion includes channel improvements from 112th Ave. S .E. to the south of the Payless Drug Store on 108th Ave. S. E. The entire Garrison Creek Conveyance Improvements project will relieve the flooding problem that occurs in this area during significant rainfall events. MANN MOVED that the Upper Garrison Creek Conveyance Improvements Phase II contract be awarded to M. Liffrig Construction Co. , Inc. for the bid amount of $123 , 125 . 65 . Bennett seconded and the motion carried. (BIDS - ITEM 5D) Frager Road Guardrail Rehab (Meeker - 212th) . Bid opening for this project was held on Wednesday, August 30th with 3 bids received. The low bid of $65, 059 . 50 for Schedule I was submitted by Petersen Brothers, Sumner. The Engineer' s esti- mate was $75, 124 . 00. The project consists of installing 6400 feet of guardrail with all appurtenances along Frager Road between Meeker St. & S. 212th St. 2 September 5 , 1995 PUBLIC WORKS MANN MOVED that the Frager Road Guardrail Rehab contract (Meeker - 212th) , Schedule I, be awarded to Petersen Brothers for the bid amount of $65, 059 . 50 . Houser seconded and the motion carried. SIDEWALKS (OTHER BUSINESS - ITEM 4A) Downtown Sidewalk Rehabilitation, Phase II - Tree Grate supply Contract. After this supply contract was awarded, staff determined that the lowest bid was nonconforming and should have been rejected. In order to achieve the most efficient and equitable delivery on this contract, staff now asks Council to reject all bids and authorize the Public Works Director to obtain written bids pursuant to Section 1. 1. 04 of the City Procurement Policy, since it appears that the estimated cost will exceed $25, 000. 00 but be less than $50, 000 . 00; further, to authorize the Public Works Director to award the contract to the lowest bidder. MANN MOVED that the Downtown Sidewalk Tree Grate supply contract recently awarded be revoked, that all bids be rejected, and that the Public Works Director be authorized to seek written bids and to award the contract to the lowest bidder, pursuant to City Procurement Policy. Bennett seconded and the motion carried. STREETS (CONSENT CALENDAR - ITEM 3F) LID 327 Segregation - Assessment #45. ADOPTION of Resolution No. 1442 authorizing the segregation of Assessment #45 in LID 327 to accommodate the sale of one parcel out of Assessment #45, as recom- mended by the Public Works Committee. This property will be paying its designated share of the LID assessment. (CONSENT CALENDAR - ITEM 3G) LID 330 Segregation - Assessment #6. ADOPTION of Resolution No. 1443 authorizing the segregation of Assessment #6 in LID 330 to accommodate the sale of one parcel out of Assessment #6, as recommended by the Public Works Committee. This property will be paying its designated share of the LID assess- ment. 3 September 5, 1995 TRAFFIC (CONSENT CALENDAR - ITEM 3D) CONTROL 212th HOV Agreement. APPROVAL to establish a budget for receipt of $3 , 495, 493 in grant funds for the 212th HOV Lanes Project. Signed agree- ments have been executed between the City and the State Transportation Improvement Board for the construction of S. 212th HOV Lanes project. In order to clear up an accounting issue, it has been recommended by the Public Works Committee to establish a budget for receipt of grant funds in the amount of $3 , 495, 493 for this project. (CONSENT CALENDAR - ITEM 3E) 6-Year Transportation Plan. AUTHORIZATION to set September 19th as the Public Hearing Date for the 6-Year Transportation Plan, as recommended by the Public Works Committee. (BIDS - ITEM 5C) Interurban Trail Signal System at 212th Street. Bid opening for this project was held on Wednesday, August 30th with 7 bids received. The low bid of $11, 100 . 00 was submitted by Signal Electric, Inc. , Kent. The Engineer' s estimate was $20, 960. 00. The project consists of installing a traffic signal system at the intersection of the Interurban Trail and South 212th Street including related appurtenances. MANN MOVED that the Interurban Trail Signal System at 212th Street contract be awarded to Signal Electric, Inc. for the bid amount of $11, 100. 00 . Woods seconded and the motion carried. COMMUNITY (CONSENT CALENDAR - ITEM 3C) DEVELOPMENT 1996 Community Development Block Grant (CDBG) BLOCK GRANT Program. AUTHORIZATION to set September 19 , 1995, PROGRAM as the date for a public hearing to consider the 1996 CDBG Program. BUSINESS (CONSENT CALENDAR - ITEM 3N) LICENSES (ADDED BY COUNCILMEMBER ORR) Moratorium on Adult Entertainment Businesses. AUTHORIZATION to set September 19 , 1995 , as the date for a public hearing on extension of the 4 September 5, 1995 BUSINESS moratorium on adult entertainment businesses. Orr LICENSES noted that this had been recommended unanimously by the Planning Committee today. HOUSING (OTHER BUSINESS - ITEM 4B) (ADDED BY COUNCILMEMBER. ORR) Low Income Home Enercty Assistance Program. Orr said she recently learned that the Low Income Home Energy Assistance Program was about to be dis- banded by the federal government, and that a substantial number of area residents receive assistance from that program to heat their homes during the winter months. She said that the Planning Committee voted unanimously today to send a letter with the Mayor' s signature in support of the program. SHE MOVED that a letter of support for the Low Income Home Energy Assistance Program be sent to elected officials in Washington D.C. Houser seconded and the motion carried. APPOINTMENTS (CONSENT CALENDAR - ITEM 3M) Rent Human Services Commission. CONFIRMATION of the Mayor' s appointment of Mac D. Culver, Ph.D. to serve as a member of the Kent Human Services Commission. Dr. Culver is an ordained minister and currently serves as Superintendent of Rainier Christian Schools. He is Chairman of the North West Regional Accreditation Commission of Christian Schools International and formerly served as a member of the Human Services Commission in the Municipality of Anchorage, Alaska. Dr. Culver will replace Mark Moder, who resigned, and his term will continue to 1/1/96 . PARKS & (CONSENT CALENDAR - ITEM 3J) RECREATION Riverbend Driving Range Turf & Target Greens Proiect. ACCEPTANCE of Riverbend Golf Course Driving Range Turf and Target Greens Installation Project as complete, and release of retainage to American Turf, upon receipt of State releases. (CONSENT CALENDAR - ITEM 3K) Turnkey Park Tennis Court Resurfacing Proiect. ACCEPTANCE of the Turnkey Park Tennis Court Resurfacing Project as complete, and release of retainage to MID-PAC Inc. , upon receipt of State releases . 5 . September 5 , 1995 POLICE (CONSENT CALENDAR - ITEM 3H) DEPARTMENT Drinking Driver Countermeasure Program Grant. APPROVAL to accept a State grant, approval of a budget change to increase the grant to $28, 012 for the period of July 1, 1995 through June 30, 1996, and approval of a budget change to decrease the City's share of funding to $50, 898 to cover the period of January 1, 1995 through December 31, 1995, as requested by the Police Department. The Kent Drinking Driver Countermeasure Program has received a grant in the amount of $28, 012 from the Washington Traffic Safety Commission to be used for wages, benefits, and project expenses, effective July 1, 1995 through June 30, 1996 . This is the 13th consecutive year that the City of Kent Highway Safety Program has received state funding, and the amount awarded this year repre- sents a slight increase over the 1994/95 grant. (CONSENT CALENDAR - ITEM 3I) Dare Funds - Carry over. AUTHORIZATION to carry forward the balance of DARE funds from 1994 to 1995, to establish a budget for 1995, and to solicit donations to be used for funds to augment the DARE program costs for 1995 , as requested by the Police Department. The amount to carry forward from 1994 is $323 , and the amount of revenue for 1995 is approximately $8 , 000. FIRE (BIDS - ITEM 5A) DEPARTMENT Aerial Ladder Apparatus. This is the second bidding for a replacement aerial ladder truck. This apparatus is being replaced in accordance with the approved apparatus replacement program. Two bids were received: "Emergency One" in the . amount of $468 , 336. 00, and "Smeal Fire Apparatus" in the amount of $416, 690. 00. Both bidders took exceptions. The City could accept many of the substitutions, however for reasons 'of functiona- lity, durability and enhanced safety, required the vendor to add back the cost for the items that could not be granted an exception. Subsequently, the low bidder will be "Smeal Fire Apparatus" with the cost of $423 , 494 . 00 . This bid is $23 , 000 lower than the bid received in the first bidding process. 6 September 5, 1995 FIRE BENNETT MOVED that the bid for the aerial ladder DEPARTMENT truck be awarded to Smeal Fire Apparatus in the amount of $423 , 494 . 00, which does not include Washington State sales tax. Houser seconded. Upon Chief Angelo' s request, Bennett amended his motion to include authorization for the Mayor to sign a contract after approval as to form by the City Attorney. Houser agreed to the amendment, and the motion as amended carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through August 15 and paid on August 15, 1995 after auditing by the Operations Committee on August 23 , 1995 . Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/95 158304-159201 $2 , 670 , 422 . 23 Approval of checks issued for payroll for August 1 through August 15 , 1995 and paid on August 18, 1995 : Date Check Numbers Amount 8/18/95 Checks 205468-205827 $ 281, 670. 27 Advices 26709-27103 $ 515 . 179 . 24 $ 796, 849 . 51 REPORTS Council President. Woods noted that the Suburban Cities Association meeting will be held in SeaTac on September 13th and suggested that attendees bill only a portion of the price of lunch to the city. operations Committee. Johnson noted that the Committee will meet at 9 : 30 a.m. on September 13th. Planning Committee. Orr noted that the next meeting of the Committee will be on September 19 at 4 : 00 p.m. Parks Committee. Houser noted that they have had a report from the Skateboard Committee and hope to have a place to skateboard soon. 7 September 5, 1995 REPORTS Administrative Reports. Fire Chief Angelo reported on the storm which occurred over .the weekend, noting that three buildings were struck by lightning. He said there were also automobile accidents, water over roadways, and disabled people who had to be helped from their residences. He commended the Police Department, the Fire Department and the Public Works Department for their efforts. He urged citizens to call the Public Works Department for drainage problems, the Fire Department for non-emergencies, and 911 for emergencies. Parks Director Hodgson announced that the depart- ment is third on a list of 69 to receive IAC grant funds in the amount of $489, 000 to pay off half of the Morrill property. He commended Helen Wickstrom for her efforts. EXECUTIVE At 7 : 25 the Mayor announced an executive session SESSION of approximately 15 minutes. ADJOURNMENT The meeting reconvened and adjourned at 7 : 35 p.m. C.c>-ZiPij� Brenda J cob r, CMC City Cl rk 8 Kent City Council Meeting Date September 19, 1995 Category Consent Calendar 1. SUBJECT: RIVERBEND GOLF COMPLEX RESTROOM PROJECT 2 . SUMMARY STATEMENT: Acceptance of Riverbend Golf Course Restroom Project as complete, and release of retainage to MDM Construction, upon receipt of State releases. 3 . EXHIBITS: None 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: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3C Kent City Council Meeting Date September 19 , 1995 Category Consent Calendar 1. SUBJECT: COMPREHENSIVE PLAN EMERGENCY DECLARATION FOR MERIDIAN ANNEXATION A 2 . SUMMARY STATEMENT: As recommended e Planning Committee, b Committee, /Adoption of Resolution No. th declaring an emergency pursuant to Kent City Code Chapter 12 . 02 to purs e a Comprehensive Plan Amendment for the Meridian Annexatio area in conjunction with the initial annexation zoning The Growth Management Act allows comprehensive plans to be amended once a year except by an emergency. This measure would allow the City to process the comprehensive plan amendments for the Meridian annexation area separate from other comprehensive plan amendments. The Planning Committee recommends adoption of a resolution declaring an emergency to pursue a Comprehensive Plan Amendment for the Meridian Annexation area in conjunction with the initial annexation zoning. 3 . EXHIBITS: Resolution and City Council Planning Committee minutes of 9/5/95 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. 3D RESOLUTION NO. A RESOLUTION of the City Council of Kent, Washington, declaring an emergency to pursue a comprehensive plan amendment for the area known as the Meridian Annexation Area. WHEREAS, the King County Boundary Review Board (BRB) approved the annexation into the City of Kent of the area known as the Meridian Annexation Area on August 10 , 1995 ; and WHEREAS, after a public hearing, the Kent City Council voted to approve the annexation of the Meridian Annexation Area into the City of Kent, effective January 1, 1996 , on August 15, 1995 ; and WHEREAS, Mayor Jim White instructed Planning Department staff to prepare zoning proposals for the Meridian Annexation Area for review by the Planning Commission and City Council, with the intent that the zoning for the area would be adopted and in place by January 1, 1996 ; and WHEREAS, the Growth Management Act requires that all development regulations be consistent with a jurisdiction' s Comprehensive Plan (RCW 36 . 70A. 120) ; and WHEREAS, the Kent City Council adopted the City' s Comprehensive Plan on April 18 , 1994 , and the Land Use Plan Map in the Land Use Element of the plan included land use designations for the Meridian Annexation Area; and WHEREAS, it may be necessary to amend the Comprehensive Plan' s Land Use Plan Map to ensure that the zoning map amendments which are adopted for the Meridian Annexation Area are completely consistent with the Land Use Plan Map; and WHEREAS, the Growth Management Act and Ordinance No. 3237 authorize the City to amend its Comprehensive Plan only once per calendar year, except in the case of an emergency; and that an emergency is defined as "an issue of community-wide significance that promotes the public health, safety, and general welfare" ; and WHEREAS, the City Council Planning Committee considered this issue on September 5 , 1995 , and voted to recommend to the City Council that an emergency be declared by resolution to pursue a comprehensive plan amendment for the Meridian Annexation Area; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section 1 . That the scope of the work required to adopt zoning map and land use map amendments for the Meridian Annexation Area, combined with the requirement that the zoning and land use maps be consistent with one another, require that a comprehensive plan amendment for the Meridian Annexation Area be processed concurrently with the zoning and land use map amendments . Section 2 . That ensuring zoning and land use map amendments for the Meridian Annexation Area that are consistent with one another constitutes an issue of community-wide significance that promotes the public health, safety and general 2 welfare in accordance with the definition of an emergency set forth in Ordinance No. 3237 . Section 3 . The City therefore declares that an emergency exists and authorizes a comprehensive plan amendment for the Meridian Annexation Area, said amendment to be considered by the Planning Commission and City Council concurrently with the zoning and land use map amendments for the Meridian Annexation Area . Passed at a regular meeting of the City Council of the City of Kent, Washington this of , 1995 . Concurred in by the Mayor of the City of Kent, this day of 1995 . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent , Washington, the day of 1995 . (SEAL) BRENDA JACOBER, CITY CLERK merancp.res 4 CITY COUNCIL PLANNING COMMITTEE MINUTES September 5, 1995 COMPREHENSIVE PLAN AMENDMENT FOR MERIDIAN ANNEXATION AREA & DECLARATION OF EMERGENCY TO PROCESS - (Kevin O'Neill) Planner Kevin O'Neill presented an explanation of this item at the meeting. He said under the direction of the Mayor, the Meridian Annexation area Zoning will be completed at the time the Annexation goes into effect, which is planned for January 1, 1996. The Planning Commission and City Council will be conducting public hearings on the pre-annexation zoning this fall. The Council ordinance is related to procedures on how to amend the Comprehensive Plan. The amendment process will occur once each calendar year. The Growth Management Act allows a provision that in emergency situations amendments can be processed more than once per calendar year. The Growth Management Act requires that all zoning decisions be consistent with the comprehensive plan. The zoning proposed for the Meridian annexation area will be for the most part similar to the Land Use Plan Map as indicated in the Comprehensive Plan. There could be certain changes with regard to land use designations. Kevin said that staff anticipates the need to prepare proposed amendments to the Land Use Plan Map for review along with the zoning for the Meridian Annexation area. The best way to do this is by resolution declaring an emergency to allow staff to process a Comprehensive Plan amendment separate from other Comprehensive Plan amendments. Staff requests that this recommendation be forwarded to the full City Council. There was some discussion about having one of the two public hearings in the Meridian area. Chair Orr suggested that per the second "special" meeting be the one held in the Meridian area. Planning Manager Fred Satterstrom took a moment to go over the proposed timelines with the Planning Committee: Planning Commission September 25th and 26th October 2nd\Recommendation City Council October 17th November 21 st After looking at the timelines; Chair Orr said that it would not be feasible to hold a meeting in the annexation area as non-annexation subjects would also be discussed. She suggested that we hold a "special" meeting the week after the last meeting in November for this item (November 28, 1995). Fred Satterstrom added that the City will be holding two open houses in the Meridian annexation area on November 8th and 9th. City Attorney Roger Lubovich stated that public 5 CITY COUNCIL PLANNING COMMITTEE MINUTES September 5, 1995 hearings must be held within the city limits. Planner Kevin O'Neill stated that a decision regarding this timeline must be made by October 3rd, which is when the City Council would set the dates for the two hearings. Mr. O'Neill then asked that the Planning Committee make a recommendation to the City Council that an emergency be declared by resolution to pursue a Comprehensive Plan Amendment for the Meridian annexation area. Councilmember Clark MOVED and Councilmember Johnson SECONDED a motion to approve a declaration of emergency by resolution to pursue a Comprehensive Plan Amendment for the Meridian annexation area in conjunction with the initial annexation zoning. MOTION CARRIED. 6 Kent City Council Meeting Date September 19 , 1995 Category Consent Calendar 1. SUBJECT: ARTS COMMISSION APPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appoint- ment of JoAnn Schaut to serve as a member of the Kent Arts Commission. Ms. Schaut is a Kent resident and recently retired from Boeing. She currently works in property management and unlawful detainers. She is a volunteer with the Bellevue Probation Department and enjoys the theater, arts and crafts, and classical music Ms. Schaut will replace Bev Domarotsky, who resigned, and her term will continue to 10/31/95. 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY:_ Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: .ACTION: Council Agenda Item No. 3E MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL ME ERS FROM: JIM WHITE, MAYO DATE: SEPTEMBER 12, 1995 SUBJECT: APPOINTMENT TO KENT ARTS COMMISSION I have recently appointed JoAnn Schaut to serve as a member of the Kent Arts Commission. Ms. Schaut is a Kent resident and recently retired from Boeing. She currently works in property management and unlawful detainers. She is a volunteer with the Bellevue Probation Department and enjoys the theater, arts and crafts, and classical music. Ms. Schaut will replace Bev Domarotsky,who resigned, and her term will continue to 10/31/97. I submit this for your confirmation. JWJb cc: John Hodgson, Parks Director Kent City Council Meeting Date September 19 , 1995 Category Consent Calendar 1. SUBJECT: S. 212TH STREET HOV LANES - WEST VALLEY HIGHWAY TO SR 167 4 ( '2p�'or 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, upon oncurrence of the Public Works Director and the City Attorney, the Mayor b 444; ".4 to execute an agreement with Burlington Northern Railroad in a form similar to the draft agreement to improve the S. 212th Street crossing for HOV Lanes, West Valley Highway to SR 167 project, 3 . EXHIBITS: Public Works Committee minutes, Public Works Director memorandum, letter to Ken Langholz from BNRR, including draft agreement 4 . RECOMMENDED BY: Public Works Committee (telephone concurrence from Councilman Mann) (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. 3F DEPARTMENT OF PUBLIC WORKS September 8, 1995 TO: Public Works Commi e FROM: Don Wickstrom, Director of Public Works RE: South 212th Street HOV Lanes West Valley Highway to SR 167 Attached is an agreement with Burlington Northern Railroad to reconstruct their crossing in conjunction with the above referenced project. The City's cost is $326,709 for which monies are included in the project budget for same. The Public Works Department recommends Council authorize the signing thereof upon concurrence with the City Attorney. ACTION: Authorizing the signing thereof upon concurrence therewith the City Attorney. was the only one of contention because they had anticipated budgeting for that in 1996. He said the County Council had this new improviso that they would not build any capacity improvements within the urban areas unless the surrounding annexing city would reimburse them for that cost upon annexation. Wickstrom said this was a budget proviso that the County was trying to apply toward all cities. Wickstrom said that the Boundary Review Board would not be able to ignore the County testifying at the hearing that they were dropping all road improvement projects within the area. Such testimony could negatively affect the BRB's decision on the annexation. Wickstrom stated that the City chose to execute a memorandum of understanding when we agreed to pay for only future costs on 240th, not the 2 million they already spent. Wickstrom also said that the County had threatened to attach strings to the money on the 196th Corridor Project which their share was 4.6 million. Wickstrom noted that the City needs the 196th Corridor Project for concurrency under GMA . He said that under the agreement, the County will now eliminate all the strings on said money. Clark asked if there was anything on the S.E. 277th Corridor. Wickstrom said that subsequently, because of this budget proviso and the fact that we would not pay for the County's 277th southeast corridor out to Highway IS, even though the best route may fall within the City, the County decided to drop the extension from their plan. Wickstrom said by doing so, the City may save costs on our 277th Corridor Project because the County had a 50 MPH design speed and we have a 45 or 35 MPH design speed which means different vertical curve requirements in the road and on the hillside that represents a significant change in the required cutting and tilling. Wickstrom said originally he thought it would be 3 million, but that is more than the entire estimate of the cut and fill work. Anyway, we'll save some money. Wickstrom said that our initial cost is 1.7 million in '96. He also pointed out the County's financing program on 240th anticipated an ISTEA grant, which they never got. Wickstrom said with our participation, the County will definitely build it and will reallocate monies from other projects if they have to. Wickstrom said as far as the money is concerned, we are proposing to pay for it through a Councilmatic bond issue. The annexation area would generate enough new money via the Street Utility and the vehicle registration fee to pay for debt service. S. 212th STREET HOV LANES - WEST VALLEY HIGHWAY to SR 167 Wickstrom explained this was an agreement with Burlington Northern Railroad to widen the railroad crossing in conjunction with the HOV project. The total cost is $356,000 for which the money is included in the project budget. Brubaker, however, recommended that one change be made to the contract to strike through the line that the railroad receives no benefit from the improvements made by the City. Brubaker suggested this change be initialed by the Mayor and approved by the railroad and, if they won't agree to the change, the City would reconsider entering into this agreement for two reasons: 1) It's not a statement of the truth because the railroad improvements to our roads increases -3- the railroad business due to better traffic infrastructure that serves their customers and 2) The City will be going to the WUTC per our 196th Corridor Project and asking for them to determine a proportionate share of contributions of the railroad for that bridge and that share will be based, in part, on the benefit to the railroad from the construction of the bridge and we do not want to set a precedence in other areas where we have stated that our improvements to City roads is not a benefit to the railroads and their operations in the Green River Valley. Committee unanimously recommended to accept the agreement with Burlington Northern Railroad for the S. 212th HOV Lanes, West Valley Highway to SR 167. ADDED ITEM• SIDEWALKS ON S. 218th STREET Mr. Rust stated that they were not protesting the road, but were protesting the design of this project and inquired whether there was any avenue to bring it back to Council for redesign. Wickstrom explained that the sidewalk issue was hassled out at the Council level including the whole matter of sidewalks on both sides. Wickstrom stated that dropping the sidewalks on the south side was a result in about $18,000 in savings, however, the south side properties would only realize $6,000 worth of savings as the bulk of the area involved in the assessments is on the north side of the road. Said $18,000 amounted to 1.54% of the total project cost. The alternate plan that the City came up with, and the Council adopted and passed an ordinance on, was for the property owners to pay to widen the road to two lanes (24 feet pavement width), install gravel shoulders, install the drainage system, beef up the road structure so it could handle the truck traffic and take out the safety problems. Wickstrom said that came to $167,000 less than it would to widen the road out to 36 feet, and install curbs, gutters, and sidewalks. Wickstrom said the City was essentially paying for those improvements by contributing the $167,000 to develop the project. Tom Graham voiced the opinion that when the City pays for a project, it's not the City really, it's the people who pay for it. Wickstrom responded that the general public pays for it but that the City argued that this was really a local road and there should not be any general public funds supporting the abutting property owners. Wickstrom said that what we ended up is that there are some general tax payers' hinds (drainage money) that is paying for the road widening. Graham said that he felt that two sidewalks is "one sidewalk" overkill, because there isn't the pedestrian traffic. Wickstrom said that this was covered in the last hearing before the full Council on the formation of the LID. Wickstrom commented that everyone received their formal notice because that was the same date the LID was formed, they were given 2 weeks prior notice which advised them of their assessment and the fact that the City was holding a hearing on a certain date, creating the LID. Mr. Rust said he understood that they could not protest the road because it had already been passed, but was just trying to eliminate a little bit of money because we pay for it. Wickstrom noted that the hearing was on the 18th before the full Council, the ordinance creating the LID was passed, Council closed the public hearing and deliberated on it, and then authorized the City to include funding this project. BURLINGTON NORTHERN RAILROAD 2000 first Interstate Center 999 Third Avenue ENGINEERING DIVISION Seattle,Washington 98104-4080 Ken Langholz, P.E. August 10, 1995 Design Engineer City of Kent Public Works Dept. 220 4th Avenue So. Kent, WA. 98032-5895 Dear Mr. Langholz: Concerning the city's project to widen and improve the So. 212th.Street grade crossing where it crosses Burlington Northern's right-of-way and tracks at railroad MP 14.19 in Kent, WA. After alot of negotiations, attached are th revised original copies of the construction and maintenance agreement. Please have the proper official review, and if everything seems to be in order, e. ecute the duplicate copies of the agreement and return the duplicate copies to me for my further handling. Take particular attention to the estimate "Exhibit C". Tim LaPorte seemed to have an old and obsolete estimate in front of him at our meeting on July H. The estimate for $ 326,709 is the same estimate I originally furnished you in October, 1994. He seemed surprised. The estimate he had was for about $ 25,000 less. Along with the agreement, please furnish me with the original and 4 copies of the petition'to be presented to the WUTC for their review and approval. We will execute the wavier of hearing and pass it along to them. Once the Utilities and Transportation Commission issues an order for the project, I will execute the agreement and submit the city Is copy of the agreement to you along with a request for constructioj authority. In order to expedite this project; when returning the agreement and petition, I request the city to submit within the body of its submittal letter the authority to order all of the necessary track and signal materials, prior to the WUTC order, including guarantees that the railroad will be reimbursed for all materials ordered regardless of whether the project is to be completed or not. Sincerely, � � . J. YI. (M1ke) Cowles Coordinator Public Programs JMC Ken Langholtz August 10, 1995 Page 2 cc: WUTC 1300 Evergreen Park Drive So. P.O. Box 47250 Olympia, WA. 98504-7250 Attn: Gary Harder file: Kent, WA. - Widen and improve So. 212th Street CONSTRUCTION AND MAINTENANCE AGREEMENT WIDEN AND IMPROVE THE SO.212TH STREET GRADE CROSSING (MP 14.19) KENT,WASHINGTON Agreement made this day of 1995,between KENT, WASHINGTON,a municipal corporation, hereinafter called the "Agency",and the BURLINGTON NORTHERN RAILROAD COMPANY,a Delaware corporation,hereinafter called the "Railway": WITNESSETH: WHEREAS,the existing cantilevered signals and gates were installed under an agreement designated as Northern Pacific Railway Company Docket number 26359, dated 1-30-69 between the Northern Pacific Railway Company and the Agency. WHEREAS,the Railway is successor in interest by merger to the Northern Pacific Railway Company; and WHEREAS,in the interest of aidingg motorvehicle traffic,the Agency is proposing to widen and improve South 212th Street where it crosses the Railway's Seattle Subdivision,of the Pacific Division located at Railway Survey Station 863+94.5, MP 14+982.5'(MP 14.19). The crossing is located in the SW1/4 of the NE1/4 of Section 12,Twp. 22 N.. Rge.4 E.,W.M., in Kent,Washington,at the location shown on map marked Exhibit'A'attached hereto and made a part hereof; and WHEREAS, in connection with the widening of the crossing,it will be necessary to remove the existing cantilevered signals and install new automatic flashing light traffic control devices, cantilever and shoulder mount type,with gates, hereinafter to be called "Signals"; and WHEREAS,the Railway will be required to perform certain work on its facilities; and WHEREAS,the parties hereto desire that the work to be performed by the Agency in connection with said construction be performed in accordance with plans and specifications to be prepared by the Agency,and WHEREAS,the parties agree that the plans and specifications for the installation of said Signals will be prepared by the Railway; and WHEREAS,the parties agree to contract with each other to perform the respective work and allocate the costs and expenses thereof. NOW,THEREFORE, in consideration of the mutual covenants herein contained, it is mutually agreed as follows: I The Agency shall perform its work in accordance with detailed plans and specifications which shall be prepared by the Agency and submitted to the Manager of Engineering of the Railway for approval and approved by it when such plans and specifications are applicable or affect any right-of-way or facility of the Railway,and no work pursuant to said plans and specifications shall be performed on the right-of-way of the Railway prior to receipt of notices to proceed given by the said Manager of Engineering to the Agency engineer or their respective authorized representatives. Nothing provided in this agreement with respect to said plans and specifications shall be construed or deemed to be a ratification or an adoption by the Railway or either or both said plans as its own. The Agency and the Railway shall perform the various items of work as follows: A. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE AGENCY OR ITS CONTRACTOR AT AGENCY EXPENSE. 1. Accept as otherwise herein provided,furnish all plans, engineering, supervision, labor, material,supplies and equipment necessary for construction of the roadway widening and improvement project. pawaagency 1 2. Do all grading of the roadway approaches to the crossing place asphaltic concrete paving up to the crossing. 3. Provide all drainage structures under the roadway, if requirek 4. Furnish and place advance warning signs and standard pavement markings for railroad grade crossings. 5. Perform all other work not specifically mentioned as work to be performed by the Railway necessary to complete the project in accordance with the plans and specifications. B. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE RAILWAY AT AGENCY EXPENSE. 1. Crossinq Work Remove 3-66'crossings. Replace 160TF of 115#rail with 160TF of 132# CWR. Rehabilitate crossing areas with new ties,ballast,fastenings and fabric. Place 3- 114'OMNI improved concrete crossings on 10'ties. --_ 2. Signal Work Remove existing cantilevered signals and install automatic flashing light traffic control devices,cantilever and shoulder mount type,with gates. Relocate signal bungalow. 3. Engineering and Preparation of Bills Perform preliminary and special engineering and inspection, including field and office work and preparation of bills. 4. Flagging Protective Services and Devices Perform flagging and furnish protective services and devices during construction, account operations of the Agency or its contractor,as deemed necessary by the Railway. III All work herein provided for,to be done by the Agency or its contractors on the Railway's right-of-way,shall be performed by the Agency or its contractors in a manner satisfactory to the Railway and shall be performed at such time and in such manner as not to interfere unnecessarily with the movement of trains or traffic upon the tracks of the Railway. The Agency or its contractors shall use all care and precaution necessary to avoid accident,damage,or interference to the Railway's tracks or to the trains or traffic using its tracks and notify the Railway a sufficient time in advance whenever it is about to perform work adjacent to any track to enable the Railway to furnish flagging and such other protective services and devices as might be necessary to ensure safety of Railway operations,and the Railway shall have the right to furnish all - such flagging or protective services and devices as in its judgment is necessary,and the Agency shall reimburse the Railway forthe cost thereof.The Railwaywill submit bills for flagging and other protective services and devices currently during progress of the work contemplated by this agreement.The Railway will submit complete billing for flagging and other protective services and devices at the earliest practical date, and the Agency shall pay such bills promptly. Attached hereto, marked Exhibit "B",and by this reference made a part hereof, is a statement of conditions when flagmen and protective services and devices will be furnished by the Railway. Wherever the safeguarding of trains or traffic of the Railway is mentioned in this agreement,it is intended to cover and include all users of the Railway's tracks having permission for such use. All work provided for herein to be done by the Railway or its contractors outside of the Railway's right of way shall be performed by the Railway or its contractors in a manner satisfactory to the Railway and shall be performed at such time and in such manner as not to interfere unnecessarily with the movement of traffic upon South 212th Street. The Railway or its contractors shall use all care and precaution necessary to avoid accident,damage, or interference to the Agency's street or to the traffic using its street and notify the Agency a sufficient time in advance whenever it is about to perform work on or adjacent to the street to enable the Agency to furnish flagging or other protective services and devises as in its judgement is necessary. pawaagency 2 IV As consistant with 23 CFR 646 B,which by this reference is incorporated in this agreement,the Railway will receive no ascertainable net benefits from said project and, therefore, is not required to contribute to the cost of said project. V The Signals shall be installed at the Railway grade crossing shown on Exhibit "A" in accordance with plans and estimates furnished by the Railway. VI It is understood that Exhibit "C",attached hereto and made a part hereof, is a current estimate of the cost of the work to be performed by the Railway at Agency expense and is for informational purposes only. The Agency shall reimburse the Railway for actual costs and expense incurred by the Railway in connection with the construction work as indicated in this agreement. The Railway may submit progress bills to the Agency during the progress of the work included in this agreement for the actual cost of services and expenses and the Agency shall pay such bills promptly. It is further agreed that a final and complete billing of all actual incurred costs and expenses,ascertained in accordance with the provisions of 23 CFR 1401,which by this reference is incorporated in this agreement,shall be made at the earliest practical date. The Agency shall,upon presentation of final billing promptly reimburse the Railway for the cost of services and expenses of work included in this agreement. Preliminary engineering costs incurred subsequent to March 9 1994 may be charged against this project. All progress and final bills submitte tot e Agency by the Rai way shall include supporting documentation of costs incurred by the Railway. If the actual cost will excede 10% of estimated cost,the Railway will furnish the Agency a written explanation of the reason for the additional cost that is in excess of 10%. VII All contracts between the Agency and its contractor,for either the construction herein provided for or maintenance work on the highway within any easement area described herein or shown on the exhibits attached hereto, shall require the contractor to waive its immunity under RCW 51 and protect and hold harmless the Railway and any other railroad company occupying or using the Railways right-of-way or line of railroad agarces anylnst of itsll loss,subcontractors i orlity agents;ag nts;eandsing from shall furtherlvities of the provide thatcontractor, its the contractor shall: or shall: 1. Furnish to the Railway a Railroad Protective Policy in the form provided by 23 CFR 646 A. The combined single limit of said policy shall not be less than Two Million Dollars($2,000,000)for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of the loss or destruction of or injury or damage to property in any one occurrence during the policy period,and subject to that limit a total (or aggregate) limit of not less than Six Million Dollars($6,000,000)for all damages during the policy period. Said insurance policy executed by a corporation qualified to write the same in the state in which the work is to be performed,shall be in the form and substance satisfactory to the Railway company and shall be delivered to and approved by the Railway prior to the entry upon or use of its property by the contractor. 2. Carry regular Contractor's Public Liability and Property Damage Insurance as specified in 23 CFR 646 A providing for a limit of not less than One Million Dollars ($1,000,000)for all damages arising out of bodily injuries to or death of one person, and,subject to that limit for each person,a total limit of not less than Two Million Dollars($2,000,000)for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and providing for a limit of not less than One Million Dollars($1,000,000)for all damages to or destruction of property in any one accident and subject to that limit a total (or aggregate) limit of not less than Two Million Dollars ($2,000,000)for all damages to or destruction of property during the policy period. A certificate of insurance providing proof of Contractor's Public Liability and Property Damage Insurance and contains a thirty(30)-day advance written notice to the Railway in the event of cancellation, nonrenewal or material change of policy, executed by a corporation qualified to write the same in the state in which the work is to be performed,in form and substance satisfactory to the Railway shall be delivered to and approved by the Railway prior to the entry upon or use of the Railway's property by the contractor. pawaagency 3 The Agency, its contractor,subcontractors or agents,shall at its own expense, obtain and maintain in force during the term of this Agreement the following insurance. (a) Business Automobile Policy Insurance,including owned,non-owned,and ired vehicles with minimum limits for bodily injury and property damage of One Million Dollars($ 1,000,000)each occurrence,on all vehicles which the Agency or any of its agents or employees may use at any time in connection with the performance of this Agreement. (b) Worker's Compensation Insurance or coverage as required under the "Worker's Compensation Act" of the State of Washington. The policy should include occupational disease to required statudtory limits,employer's liability of One Million Dollars($ 1,000,000)to include FELA, if appropriate, and an "all states" endorsement. Railway shall not be a named insured under the contractor's public liability and property damage insurance,the business automobile policy,or the worker's compensation insurance. If the Agency, its contractor,subcontractors or agents,in the performance of the work herein provided for or by the failure to do or perform anything for which it is responsible under the provisions hereof,shall damage or destroy any property of the Railway,such damage or destruction shall be corrected by the Agency in the event its contractor or the insurance carriers fail to repair or restore the same. For any work performed in the State of Washington, nothing in this agreement is intended to be construed as a requirement for an indemnification against the sole negligence of the Railway,its officers,employees or agents. Moreover,for any work performed in the state of Washington,the contractor shall specifically and expressly agree to indemnify the Railway and any other railroad company occupying or using the Railway's right-of-way or line of railroad against all loss,liability and damages, including environmental damage, hazardous materials damage,or penalties or fines that may be assessed,caused by or resulting from the contractor's negligence, provided, however, if such loss, liability,damage, penalties or fines are caused by or result from the concurrent negligence of(a)the Railway or the Railway's officers,employees or agents, and (b)the contractor or the contractor's employees,agents or subcontractors, such indemnity shall be valid and enforceable only to the extent of the negligence of the contractor or the contractor's employees, agents or subcontractors. VIII The contractor shall prosecute and complete work according to Contractor's own manner and methods and with and by Contractor's own means and employees,free from any supervision, inspection,or control whatsoever by the Railway,except only as may be necessary to enable the Railway to determine whether work performed complies with the requirements of this agreement and conforms to the plans and specifications,it being the intention of the parties hereto that contractor shall be and remain an independent contractor and that nothing herein contained shall be construed as inconsistent with the status. IX The contractor shall comply with all requirements and regulations of every Federal, State, Local,or other governmental authority with respect to the performance of work for the safety of the employees engaged therein,and of the public; shall take all necessary precautions for the safety of contractor,subcontractors and the employees and property of each; and shall protect contractor,subcontractors and the employees and tools of both while engaged in said work. pawaagency 4 The Railway's engineer or designee may advise contractor or contractor's work site supervisor that an agent,servant,or employee of contractor or of a subcontractor is working in an unsafe manner or may potentially work in an unsafe manner,in which event,contractor's work site supervisior shall cause said agent,servant,or employee to leave the work site and Railway's property. The contractor assumes all responsibility for the safe work method and practices of its agents,servants,and employees and does, therefore,agree to indemnify and hold harmless the Railway from and against any and all claims arising from or in any manner connected with the removal of the agents, servants,and employees of Contractor from the work site and Railway's property for safety reasons. X In no event shall the Railway be required to make deductions from compensation or report earnings of employees of contractor or subcontractor,under any Social Security Act, Railroad Retirement Act, Unemployment Compensation or Insurance Act, or any other statute, Local,State,or Federal,purporting to levy a tax on payrolls or the compensation of employees; and contractor hereby agrees to indemnify and save the Railway harmless from any and all liability, cost or expense arising or growing out of Contractor's compliance or failure to comply with the provisions of any such law connected with the performance of this Agreement. XI The Agency without expense to the Railway, shall secure from the owner or owners of that certain property lying adgacent to and outside of the Railway's right-of- way all necessary easements,permits or other interest therein necessary for the occupancy and use of said property during the construction, maintenance and operation of the roadway and its appurtenances. XII The Railway shall,with its own forces and under its own labor agreements, install the Signals. The Agency,with its own forces,shall furnish and install advance warning signs and standard pavement markings for railroad crossings. The Railway shall furnish all materials for the necessary Railway work from its store stock, or by purchase, in accordance with the provisions of 23 CFR 140 1 and any amendments and supplements thereto. XIII Upon completion of the project,the Agency,at its sole cost and expense,shall maintain all improvements,other appurtenances,advance warning signs,and standard pavement markings,with the exception of the crossing which will be maintained in accordance with State law. XIV In the event the Signals installed under this agreement is partially or wholly destroyed and the cost of repair or replacement cannot be recovered from the person or persons responsible for such destruction,then, in that event the cost of repair or replacement shall be borne by the Agency. XV -- In the event that either highway or Railway changes will necessitate revisions of the Signals by rearrangement,replacement,or additions at the said location,the party whose changes cause said revisions will bear the entire cost of the same without obligation to the other. XVI If, for any reason,said Signals shall no longer be required at the said grade crossing,the Railway;on the approval of the Agency, may remove said equipment, and credit the Agency with the salvage value less cost of removal. pawaagency 5 XVII Either party hereto may assign any receivables due them under this agreement provided,however,such assignments shall not relieve the assignor of any of its rights or obligations under this agreement. XVIII If the Railway enters into a contract or agreement with a contractor to perform any of the work,which the Railway is required to perform under the terms of this agreement by reason of the construction of the Agency's project,the Railway,for itself, its assigns and successors in interest,agrees that it will not discriminate in its choice of contractors and will include all the nondiscrimination provisions set forth in Exhibit "D" attached hereto and made a part hereof, in any such contract or agreement. XIX This agreement cancels and supersedes the existing agreement designated as Northern Pacific Railway Company Docket Number 26359,dated 1-30-69. XX This agreement shall inure to the benefit of and be binding on the parties hereto, theirsuccessors and assigns. IN WITNESS WHEREOF,the parties have caused this agreement to be executed the day and year first hereinabove written. ATTEST: KENT,WASHINGTON By By (Title) Tit e) BURLINGTON NORTHERN RAILROAD COMPANY By Title) pawaagency 6 a 0 d .I K I Q f _ o tC 133HS 33S- OS+K ¢ W 133H5 SIHL 33S OS+9Z 'V1S 3NIl HOIVYI ' r I m 0 Q Z j w _ p Z =W ui I! ry \ ti m � � 0 I II I .I YI I 1 a •I li ei•�i:is �.�� I , 4 o. I I I F I I N � - - - —I•ra — -- -- -- --_ I .S *3AV H19L ,�I.M .I C J ? I— 3 Woe w � .. 17 .+ I I Isstc[ .. p C1Jn � 4 It`� Z I V) I ' N - I F— I N I I TI'I If•� fll �\ s. N I III III III .. I U I 1=ryryryry _IJI IILI W •� w I w W w e-vv I " (CRYS I i -i s-eu nnrxi loot. vu 4�'d'uc'�Viil—T I I �L.'el[a b htt[�, AVE, 1 I' III ,- fly s 7 Q I x,[[I I _[ -. I �I � I III IIIIIIIII U! llllI'i1l,. LLI IALIJ I o.Ist I I I I:: �� a I �l� I •� �� i I I � I I iI� m.v ns .I s I - •a ��� I. I ^ I I I Q U I• 13314S SIW 335 OS+@Z 'VjS 3Nn H:)iyn 6Z 133HS 33S 09+ZZ-'V1S 314n HOIVYV EXHIBIT "B" STATEMENT OF CONDITIONS WHEN FLAGMEN, PROTECTIVE SERVICES AND DEVICES WILL BE FURNISHED BYTHE RAILWAY Railway flagmen, protective services,and devices will be furnished but not limited thereto for the following conditions: 1 (1) When in the opinion of the Railway protection is necessary to safeguard the Railway's trains,engines,facilities,and property. (2) When any work is performed over, under or in close proximity to tracks or any Railway facilities. (3) When work in any way interferes with the operation of trains at usual speeds or threatens,damages or endangers track or Railway facilities. (4) When any.hazard is presented to Railway communications,signal,electrical,or other facilities either due to person,material,equipment,or blasting in the vicinity. (5) Where or when material is being hauled across tracks. Special clearance must be obtained from the Railway before moving heavy or cumbersome objects and equipment which might result in making the track impassable. COST OF FLAGGING AND OTHER PROTECTIVE SERVICES AND DEVICES (a) (b) (c) (d) NUMBER CLASSIFICATION BASE PAY HEADQUARTERS 3 Sectionmen $13.80/hour/ Tacoma,WA. 8-hour day plus additives. NOTES: (a) A full flagging crew generally consists of three men. Under certain conditions more than three men may be required or a lesser number may be sufficient. However,additional personnel,such as communications linemen and/or signalmen may be used to protect communications and signal facilities,if deemed necessary by the Railway. (b) The Classification is shown solely for the prospective bidder's information,and there is no guarantee that the above classes of labor will actually be used or that the rates of pay shown in Column(c)will be those in effect at the time the work is undertaken. (c) Shows base pay rate per man per hour for normal eight-hour shift in effect August, 1995. (d) Estimated costs for travel per employee from headquarters to job site and return is $19.00 per round trip. The estimated daily cost for meals and other accommodations is$=per employee. (e) In addition,protective devices,such as crossing signals, indicators,telltales, lights, telephone,etc., may be required. In this connection telltales may be installed by the Railway,at its option,as a condition of its approval of any proposed restrictions of vertical clearance during construction to less than 22-1/2 feet. (f) It shall be the duty and responsibility of the Aqency and its Contractors to notify the Railway's Division Superintendent at least forty-eight(48)hours in advance of when flagmen or other protective services and devices are required. To all direct labor costs there shall be additional charges for Vacation Allowance, Health and Welfare, Railroad Retirement and Unemployment Taxes; Public Liability, Property Damage and Workmen's Compensation'Insurance; and accounting and billing. For estimating purposes only,these additives collectively may be considered as approximating 55% of direct labor costs. pawaagency 7 BURLINGTON NORTHERN RAILROAD COMPANY PACIFIC DIVISION SEATTLE SUBDIVISION KENT,WASHINGTON STATE OF WASHINGTON VALUATION SECTION WA 3-N EXHIBIT"C" Estimated cost for the widening and for the improvements to the South 212th Street grade crossing located at MP 14.19 as per Exhibit"A". ESTIMATED COST LABOR NON-LABOR PART 1--Not Estimated PART II 1. Crossing Work Remove 3-66'crossings. Replace 160TF of 115# rail with 160TF of 132#CWR. Rehabilitate crossing areas with new ties,ballast, fastenings and fabric. Place 3- 114'OMNI improved concrete crossings on 10'ties. $ 51,840 $73,673 Material Handling 5,599 Freight 3,683 Equipment Rental 15,552 Salvage (1,301) Subtotal Without Labor Surcharges 51,840 97,206 2. Signals Remove existing cantilevered signals and gates and install new automatic flashing light traffic control devices, cantilever and shoulder mount type, with gates. Relocate signal bungalow. $ 15,804 $ 66,295 Material Handling 5,171 Equipment Rental 3,792 Freight 1,146 Expenses 4,741 Subtotal Without Labor Surcharges 15,804 81,145 3. Flagging, Protective Services and Devices Not estimated--See Exhibit "B" $----------- $-------------- 4. Engineering and Preparation of Bills Preliminary Engineering $ 3,337 $ Construction Engineering 3,856 ------ Preparation of Bills 2,029 ------- Subtotal Without Labor Surcharges 9,222 SUMMARY 1. Crossing Work $ 51,840 $ 97,206 2. Signal Work 15,804 81,145 3. Flagging, Protective Services and Devices ---------- ------- 4. Engineering and Bill Preparation 9,222 5. Liability Insurance ------- 9,909 Totals P6,866 188,260 pawaagency 8 6. Labor Surcharges Vacation Pay, Paid Holidays, Railroad Retirement, Unemployment Insurance, Health and Welfare Benefits $ 45,203 $ ------ $ 122,069 122,069 188, 0 26 $310,329 Contingencies 5,184 315,513 State of Washington Tax 11,196 Total B/C vs. Kent,Washington $326,709 Office of Manager Engineering Seattle,Washington pawaagency 9 EXHIBIT"D" Appendix A Nondiscrimination Provisions of Title VI of the Civil Rights Act of 1964. F During the performance of this contract,the contractor,for itself, its assignees and successors in interest(hereinafter referred to as the "Contractor"), agrees as follows: (1) Com liance with Re ulations: The Contractor will comply with the Regulations o t e Department of Transportation relative to nondis- crimination in federally-assisted programs of the Department of Transportation(Title 49,Code of Federal Regulations, Part 21, hereinafter referred td as the "Regulations") which are herein incorporated by reference and made a part of this contract. * (2) Nondiscrimination: The Contractor,with regard to the work pe orme y it a er award and prior to completion of the contract l work,will not discriminate on the ground of race,color or national -- origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendixes "A", "B" and "C". (3) Solicitations for Subcontracts Includin Procurements of Materials And Equipment: Ina so icitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment,each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race,color or national origin. (4) Information and Reports: The Contractor will provide all information and reports require y the Regulations or orders and instructions issued pursuant thereto,and will permit access to its books, records, accounts,other sources of information,and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders,and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State Highway Department or the Federal Highway Administration as appropriate and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with t eh nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appro- priate, including, but not limited to; (a) withholding of payments to the Contractor under the contract until the Contractor complies, and/or (b) cancellation,termination,or suspension of the contract, in whole or in part. (6) Inc�or oration of Provisions: The Contractor will include the provisions o paf ragraphs 1 through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions in- cluding sanctions for noncompliance: Provided, however, that, in the event a Contractor becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect pawaagency 10 the interests of the State,and, in addition,the Contractor may request the United States to enter into such litigations to protect the interests of the United States. PROHIBITION OF DISCRIMINATION ON THE BASIS OF SEX. SEC. 162. (a) Chapter 3 of Title 23, United States Code, is amended by adding at the end thereof the following new section: "S 324, Prohibition of discrimination on the basis of sex. No person shall on the ground of sex be excluded from participation in, be denied the benefits of,or be subjected to discrimination under any program or activity receiving Federal assistance underthis title or carried on underthis title. This provision will be enforced through agency provisions and rules similar to those already established,with respect to racial and other discrimination, under Title VI of the Civil Rights Act of 1964. However,this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee." pawaagency 11 Kent City Council Meeting Date September 19 , 1995 Category Consent Calendar 1. SUBJECT: WORKSHOP AND CONTINUED PUBLIC HEARING ON CIP ^ ^BATE" 2 . SUMMARY STATEMENT: /aring r 3r is set as the date for a Council Workshop on 's 96 - 2001 Capital Improvement Plan. This Capital n Plan includes all capital, revenue and expendita next six years for the General Government as well aWater, Sewer, Drainage and Golf Course funds. A pubing was held August 1, 1995 and was continued. The publg is scheduled for October 17 with possible adoption ate of the hearing. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Operations Committee (2-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• .ACTION: Council Agenda Item No. 3G Kent City Council Meeting Date September 19 , 1995 Category Consent Calendar 1. SUBJECT: KENT TRANSIT ADVISORY BOARD APPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Dudley Jackson to serve as a member of the Kent Transit Advisory Board. Mr. Jackson is a Kent resident and manages a retail establishment at SeaTac Mall. He does not own a car and is completely transit dependent. He has a thorough knowledge of the METRO transit system and will provide an excellent source of information from a user' s perspective. Mr. Jackson will replace Mike Skehan, who resigned, and his appointment will become effective immediately and will continue to 4/30/97 . 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: (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. 3H MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS �m Az� FROM: JIM WHITE, MAYOR DATE: SEPTEMBER 13, 1995 SUBJECT: APPOINTMENT TO KENT TRANSIT ADVISORY BOARD I have recently appointed Dudley Jackson to serve as a member of the Kent Transit Advisory Board. Mr. Jackson is a Kent resident and manages a retail establishment at SeaTac Mall. He does not own a car and is completely transit dependent. He has a thorough knowledge of the METRO transit system and will provide an excellent source of information from a user's perspective. Mr. Jackson will replace Mike Skehan, who resigned, and his appointment will become effective immediately and will continue to 4/30/97. I submit this for your confirmation. JW:jb Kent City Council Meeting Date September 19 . 1995 Category Consent Calendar 1. SUBJECT: COUNCIL ABSENCE 2 . SUMMARY STATEMENT: regaastAad an excused absence from the September 19, 1995 City Council meeting She will be out of town and � � unable to attend. 3 . EXHIBITS: Memorandum from Councilmember Houser 4 . RECOMMENDED BY: (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. 3I MEMORANDUM TO: JIM WHITE,MAYOR CITY COUNCIL MEMBERS FROM: CHRISTI HOUSER,COUNCILMEMBER Cj DATE: SEPTEMBER 13, 1995 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the Sept. 19, 1995 City Council meeting . I will be out of town and unable to attend. Thank you for your consideration. CH:jb Kent City Council Meeting Date September 19 , 1995 Category Other Business 1. SUBJECT: INVESTMENT POLICY 2 . SUMMARY STATEMENT: Since the Orange County investment losses in California, much attention has been focused on updating investment policies to protect cities against these kind of losses. Tonight's policy is the first Comprehensive investment policy for the City of Kent and covers recommended items for safe-guarding the City' s investments. The Council is asked to approve the policy in its present form as set forth in the proposed ordinance. The policy will then be forwarded to the Municipal Treasurer' s Association for final certification. Following Certification, the ordinance and any proposed modifications will be submitted to the Council for final action. May Miller, Finance Division Director, will give a brief review of the investment policy. 3 . EXHIBITS: Memo from May Miller and Susan Narick and draft ordinance 4 . RECOMMENDED BY: operations Committee (2-0) (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 1l adoptkds the proposed Comprehensive Investment Policy subject to final certification by the Municipal Treasurer' s Association of the United States and Canada, after which the policy with recommended changes will be submitted to the Council for final action. DISCUSSION: .ACTION: Council Agenda Item No. 4A MEMORANDUM DATE : SEPTEMBER 8, 1995 TO: MAYOR AND COUNCIL MEMBERS \- FROM: MAYENE MILLER, FINANCE DIVISION DIRECTOR Y� SUBJECT: INVESTMENT POLICY ADOPTION It is with pride, I submit for your approval an updated comprehensive Investment Policy for the City of Kent . Since the Orange County investment losses, much attention has been focused on updating investment policies to protect cities against investment losses . The attached policy clearly states Kent' s priority is to safeguard and protect the principal of the City' s investments . The September 195 issue of "Government Financial Report" states that an adopted policy should include "types of investments allowed, as well as guidelines for safekeeping requirements, periodic reporting, maturity and liquidation requirements, selection of brokers and purchasing of investments . " This policy includes these items, as well as performance standards, internal controls and many other recommended changes . The attached memo from Susan Narick, Financial Analyst, outlines some of the changes included. In addition, the policy has been reviewed by a state certification member and includes the latest suggested guidelines. we plan to submit this policy for state and national certification. The City' s investments will continue to be safeguarded with the adoption of this policy. As an added bonus, the City' s bond ratings could be positively effected based on the presence of a formal investment policy and/or the safer types of investments allowable under this policy. Council action: Adoption of the revised comprehensive investment policy, subject to final certification by the Municipal Treasurer' s Association of the United States and Canada, after which, the Policy with recommended changes will be adopted in ordinance form. CITY OF KENT MEMO TO: MAYENE MILLER, FINANCE DIVISION DIRECTOR FROM: SUSAN NARICK, FINANCIAL ANALYST SUBJECT: ADOPTION OF A WRITTEN CITY OF KENT INVESTMENT POLICY DATE: 8/29/95 Authorization is requested to submit the accompanying Investment Policy to the Operations Committee for their review and recommendation to Council for adoption. During the past year, we have all heard about the devastating, far-reaching financial losses incurred by those municipalities investing in the Orange County, California Investment Pool, due to a combination of leveraging and the use of structured derivative-based securities. The City's Investment Portfolio, however, has never contained these types of securities, nor employed leveraging as a means of investing. Even so, we feel written guidelines as offered through a formal investment policy would ensure that the City's Investment Portfolio remains as exemplary as it does now. In addition, the City's bond ratings could be positively affected, based on the presence of a formal investment policy and/or the types of investments allowable under this policy. It is with all of this in mind that we are recommending the City adopt a written investment policy detailing clear-cut guidelines for all investment activity. We plan to submit our policy for certification to the national Municipal Treasurers' Association, and would request adoption to include any minor changes they may recommend. The enclosed draft Investment Policy, which has been reviewed by the Chairperson for the Investment Policy Certification Committee for Municipal Treasurers' Association of the United States and Canada, addresses some of the following key issues: * The first investment objective of the City is Safety of principal. * Authorized financial dealers and institutions will not only submit current financial statements for review of financial condition, but will also receive a copy of the City's investment policy and will sign an agreement stating they have received and read the policy and will offer only investments authorized under this policy. * Repurchase Agreements, Collaterized Mortgage Obligations and structured derivative-based securities, although eligible investments for public funds as mandated by the Office of the State Treasurer, have been excluded from the City's "Authorized Investment Types." * The average weighted maturity of the portfolio will not exceed 5 years, thereby reducing interest rate risk associated with longer maturities. * Investment reporting will be broadened under this Policy, to include quarterly book value to market value analysis, as well as average weighted maturity of the portfolio. * The institution of an Investment Committee to meet quarterly serve in an advisory capacity. COUNCIL ACTION: Adoption of the enclosed Investment Policy including any minor changes recommended by the Municipal Treasurers' Association of the United States and Canada. Enclosures %Tl ORDINANCE NO . AN ORDINANCE of the City Council of the City of Kent, Washington, repealing Ordinances 2326 and 2644 as codified in Chapter 3 . 02 of the Kent City Code and further establishing a new Chapter 3 . 02 entitled "Investment Policy" . WHEREAS, the City currently has an investment policy for City investments set forth in the Kent City Code; and WHEREAS, the City Council finds that a more comprehensive investment policy would be more desirable to better safeguard and protect the City' s investments ; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . Ordinance Nos . 2326 and 2644 , as codified in Chapter 3 . 02 of the Kent City Code, are hereby repealed in their entirety. SECTION 2 . There is hereby added to the Kent City Code, a new Chapter 3 . 02 , entitled "Investment Policy" to read as follows : CHAPTER 3 . 02 . INVESTMENT POLICY. Sec . 3 . 02 .010 . Policy. It is the policy of the City of Kent to invest public funds in a manner which safeguard and protect the principal of the City' s investment, provide liquidity in meeting daily cash flow and provide the highest return possible while conforming to all Washington statutes governing the investment of public funds . Sec . 3 . 02 . 020 . Investment Objectives . A. The primary objectives, in priority order, of the City' s investment activities shall be : 1 . Safety: Safety of principal is the foremost objective of the City of Kent ' s Investment Policy. Investments of the City shall be made in a manner that seeks to ensure the preservation of the amount invested. 2 . Liquidity: The City' s investment portfolio will remain sufficiently liquid to enable the City to meet all reasonably anticipated operating requirements . 3 . Return on investment: The City' s investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the protection of principal and State statutes . 2 B . Rate speculation will not be a major criterion for the selection of an investment . All other criteria, including cash flow and maturity take preference to rate expectations . Sec . 3 . 02 .030 . Scope. This investment policy applies to all financial assets of the City of Kent . These assets are accounted for in funds or fund groups as identified in the City' s Comprehensive Annual Financial Report and include : 1 . General Fund 2 . Special Revenue Funds 3 . Debt Service Funds 4 . Capital Project Funds S . Enterprise Funds (Water, Sewerage, Golf Course) 6 . Internal Services Funds 7 . Trust and Agency Funds (including Firemen ' s Relief & Pension Fund) 8 . Any new fund created by Council, unless specifically exempted by Council . Sec . 3 . 02 . 040 . Prudence. A. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment , considering 3 the probable safety of capital as well as the probable income to be derived. B . The standard of prudence to be used by investment officials shall be the "prudent person" and shall be applied in the context of managing an overall portfolio . Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security' s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments . Sec . 3 . 02 . 050 . Delegation of Authority. The Finance Manager (or his/her designee, including the Assistant Finance Manager, Internal Auditor and the Financial Analyst) are investment officers of the City. The Finance Manager shall establish written procedures for the operation of the investment program consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions . No person may engage in an investment transaction except as provided under the terms of.. this policy and the procedures established by the Finance Manager. The Finance Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials . The Finance Manager is authorized to determine investable 4 balances in each fund and is authorized to invest such monies in a manner consistent with this policy and applicable law, without prior Council approval of any specific investment . Sec. 3 . 02 . 060 . Investment Committee. An Investment Committee, will be established, consisting of the Finance Manager, Assistant Finance Manager, Financial Analyst, Internal Auditor, Director of Operations, and, appointed by the Mayor to serve a 2-year term; a member of the Council Operations Committee . The Committee will meet quarterly and will be established to serve in a general review and advisory capacity, taking into account the City' s investment objectives, available funds and current market conditions . In addition to reviewing periodic reports from the Financial Analyst detailing, but not limited to the following: market value of the portfolio, percentages by type and institution, average life of the portfolio and average rate of return, the Committee will also certify the acceptability of brokers/dealers with which the City may do business . (See Sec . 3 . 02 . 040 . ) Sec . 3 . 02 . 070 . Ethics and Conflicts of Interest. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions . Employees and investment officials responsible for 5 investment transactions shall disclose to the Mayor any material financial interests in financial institutions that conduct business within this jurisdiction and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City' s portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City of Kent, particularly with regard to the time of purchases and sales . Sec. 3 . 02 . 080 . Authorized Financial Dealers and Institutions . A. The Finance Manager will maintain a list of financial institutions and security dealers authorized to provide investment services to the City. These may include both primary and secondary dealers that qualify under Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule) and investment departments of local banks who maintain an office in the State of Washington. In addition, the current financial statements for each institution will be kept on file following a review by the City' s Investment Committee to determine financial condition and strength and capability to fulfill commitments . B. Institutional investment staffs shall be trained in precautions appropriate to State of Washington local government investment laws and required to familiarize themselves with the City' s investment objectives , policies and constraints . Each institution so designated will sign an agreement stating that they have received and read a copy of this investment policy 6 and will offer only investments as authorized under this document . C. No public deposit shall be made except in a qualified public depository located in the State of Washington. Sec. 3 . 02 . 090 . Authorized Investment Types. A. The City of Kent, as a municipal corporation in the State of Washington, is empowered by statute (RCW 36 . 29 . 020, as amended, and as limited by RCW 39 . 58 . 080 as amended) to invest in the following types of securities . 1 . Investment deposits : Certificates of Deposit , with qualified public depositories as defined in Chapter 39 . 58 RCW. 2 . Obligations of United States Treasury: a . U. S . Treasury certificates, notes, bonds , zero coupon, strips, receipts . b. United States Treasury State and Local Government Securities (SLGS) specifically for debt issues related to arbitrage . 3 . Obligations of United States agencies, or of any corporation wholly owned by the government of the United States : Government National Mortgage Association. 4 . Obligations of government-sponsored corporations which are eligible as collateral for advances to member banks as determined by the Board of Governors of the Federal Reserve System: a. Federal Home Loan Bank notes and bonds b. Federal Farm Credit Bank notes and bonds C . Federal Home Loan Mortgage Corporation notes and bonds d. Federal National Mortgage Association notes, debentures, and guaranteed certificates of participation e . Student Loan Marketing Association notes and bonds f . Resolution Funding Corporation (REFCORP) g. Financing Corporation (FICO) 5 . Bonds of the state of Washington and any local government in the state of Washington, which bonds have at the time of investment one of the three highest credit ratings of a nationally recognized rating agency. 6 . General obligation bonds of a state other than the state of Washington and general obligation bonds of a local government of a state other than the state of Washington, which bonds have at the time of investment 8 one of the three highest credit ratings of a nationally recognized rating agency. 7 . Utility Revenue Bonds or warrants of any city or town in the State of Washington. 8 . Bonds or warrants of a Local Improvement District which are within the protection of the Local Improvement Guaranty Fund Law. 9 . Banker ' s Acceptances purchased on the secondary market , with ratings of Al/Pl . 10 . State of Washington Local Government Investment Pool . 11 . Mutual Funds (only allowable for the Fireman' s Relief and Pension Fund) . B . The City will buy no structured securities, which include those whose rates of return are derivative-based, with the exception of securities that have a call provision prior to maturity or those securities that have their rate of return based on a direct relationship with the Federal Funds Rate or Treasury Bill Rate . C. The City will not use Repurchase Agreements as a means of investing. Sec. 3 . 02 .100 . Fund Investment and Interest Allocations . Investments shall be made with excess funds and the interest earnings will be distributed as follows : Monies determined by the Finance Manager or subordinate to be available 9 for investment may be invested on an individual fund basis or may, unless otherwise restricted by law, be commingled within one common fund called the Treasury Account . All income derived from Treasury Account investments shall be used for the benefit of the General Fund of the City. Also funds derived from the sale of general obligation bonds or revenue bonds or similar instruments of indebtedness shall be invested, or used in such manner as the initiating ordinances, resolutions, or bond covenants may lawfully prescribe . Sec . 3 . 02 .110 . Safekeeping and Custody. All security transactions entered into by the City of Kent shall be conducted on a delivery-versus-payment (DVP) basis . Securities will be held in safekeeping at the City' s Primary Bank with the exception of Certificate of Deposits, State of Washington Local Government Investment Pool, United States Treasury SLUGS and Mutual Funds, which will be registered in the name of the City. Sec. 3 . 02 . 120 . Diversification. Diversification is required by the City to reduce overall portfolio risks while attaining market average rates of return. Diversification by institution, type of investment security and years to maturity shall be employed to avoid over- concentration in any of the aforementioned areas . With the exception of Obligations of U. S . Treasury securities and the 10 State of Washington Local Government Investment Pool, no more than 250 of the City' s total investment portfolio will be invested in securities offered by a single issuer. Sec. 3 . 02 .130 . Maturities. A. To the extent possible, unless matched to a specific cash flow, the City will attempt to match its investments with anticipated cash flow requirements . Unless matched to a specific cash flow, the City will maintain a portfolio with an average life not to exceed 5 years . However, the Fireman' s Pension Fund and small amounts of Water, Sewer, Insurance and General Funds are exceptions to this 5-year rule based on prior investment portfolio history. B . The City may sell securities, if deemed appropriate, to maintain liquidity. Such actions must be initiated by the investment officer, not the brokers or dealers . C. No transaction needs to be instituted when the maturity or call of a security causes the average life of the portfolio or maximum holdings per category to exceed their limits . Any transactions after such infractions shall work toward the return to compliance . Sec. 3 . 02 .140 . Internal Control . The established process of independent review will be performed annually by the State Auditor' s Office . This review will provide internal control by assuring that policies and 11 - procedures are being complied with. Such review may also result in recommendations to change operating procedures to improve internal control . Sec. 3 . 02 . 150 . Performance Standards . Given that the City of Kent ' s investment strategy is passive, the City' s investment portfolio will be designed to obtain a market average rate of return equal to or greater than that obtained by the State of Washington Local Government Investment Pool . The Portfolio rate of return will be calculated excluding U. S . Treasury SLUGS which have restricted yields due to arbitrage requirements . Sec. 3 . 02 . 160 . Reporting. The Financial Analyst shall submit monthly investment reports to the City Council that summarize the portfolio ' s holdings and investments by type . On a quarterly basis, the Financial Analyst shall submit investment reports to the Investment Committee and the City Council that summarize the portfolio ' s average rate of return, market value and average maturity. Sec. 3 . 02 .170 . Savings Clause. A. In the event any state or federal legislation or regulation should further restrict instruments or institutions 12 authorized by this policy, such restrictions shall be deemed to be immediately incorporated into this policy. B . If new legislation or regulation should liberalize the permitted instruments or institutions, such changes shall be available and included in this policy only after written notification to the City Council and their subsequent approval of said changes . SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance . SECTION 4. 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 13 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1995 . APPROVED day of 1995 . PUBLISHED day of 1995 . I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK invest.ord 14 Kent City Council Meeting Date September 19 , 1995 Category Bids 1. SUBJECT: FIRE ENGINE/AID APPARATUS 2 . SUMMARY STATEMENT: This is the second bidding process to replace two Fire Engine/Aid Apparatus, which are being replaced in accordance with the approved Apparatus Replacement Program. The City received three (3) bids on the apparatus. One bid was from Emergency One in the amount of $283 , 752 . 00 for each apparatus, the second was from Smeal Fire Apparatus in the amount of $278 , 960. 00 for each apparatus, and the third was from Boise Mobile Equipment in the amount of $269, 544. 40 each. All bidders took exceptions to the specifications. The low bidder, Boise Mobile Equipment meets the specifications with the fewest exceptions. 3 . EXHIBITS: Executive Summary 4 . RECOMMENDED BY: Fire Administration (Committee, Staff, Examiner, Commission, etc 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: O X YES 6 . EXPENDITURE REQUIRED: $539 088 . for two (2) fire engine/aid apparatus, which does not incl de Washington State Sales Tax. SOURCE OF FUNDS: Replace men Fund 7 . CITY COUNCIL ACTION: Councilmember mover Councilmember 411'e,--C c� seconds that the bid for the fire engine/aid apparatus be awarded to Boise Mobile Equipment in the amount of $539, 088 . 80, for two (2) fire engine/aid apparatus, which does not include Washington State sales tax, and that the Mayor be authorized to sign a contract after approval as to form by the City Attorney. DISCUSSION: l ACTION: Council Agenda Item No. 5A EXECUTIVE SUMMARY SEPTEMBER 6, 1995 TO: MAYOR WHITE, COUNCIL PRESIDENT WOODS, COUNCILMEMBERS JOHNSON, HOUSER, MANN, ORR, CLARK AND BENNETT FROM: NORM ANGELO, FIRE CHIEF SUBJECT: ENGINE/AID BIDS --------------------------------------------------------------------------------------------------------------------- BACKGROUND: This is the second bidding process to replace two (2) engine/aid apparatus. The City received three (3) bids on the replacement of these fire engine/aid apparatus. These vehicles are being bid in accordance with the Apparatus/Equipment Replacement Program. One bid was received from Emergency One in the amount of$283,752.00 each apparatus. Another was received from Smeal Fire Apparatus in the amount of$278,960.00 each apparatus, and the third bidder was Boise Mobile Equipment in the amount of$269,544.40 each. All of the bidders took exceptions. The low bidder, Boise Mobile Equipment took the fewest exceptions Because of limited knowledge of the chassis proposed and questions regarding the overall production capabilities of the low bidder - we made site visits to their production areas. It was determined that Boise Mobile Equipment is capable of delivering an apparatus that could meet specifications. RECOMMENDED ACTION: That the bid be awarded to Boise Mobile Equipment in the amount of$539,088.80 for two (2) engine/aid apparatus, which does not include Washington State Sales Tax. BUDGET IMPACT: The bid is significantly lower than the previous bid process and funds are available within the Apparatus Replacement fund. ALTERNATIVE: Reject all bids and go out to bid again. Kent City Council Meeting Date September 19 , 1995 Category Bids 1. SUBJECT: LAKE FENWICK RESTORATION WATERSHED NONPOINT IMPROVEMENTS 2 . SUMMARY STATEMENT: Bid opening for this project was held on September 14th with 2 bids received. The low bid was submitted by VLS Construction in the amount of $132 , 631. 56 (for Schedules A through C) . The Engineer' s estimate for A through C was $123 , 067 . 87 . The project consists of storm water improvements in and near an existing detention pond including construction and placement of a 10-foot diameter diversion manhole, bioswale and new stream channel, shoreline erosion control improvements, including construction of wood bulkheads and a concrete boat launch. 3 . EXHIBITS: \BY: Works Director memorandum and vicinity map 4 . RECOMMENDEDublic Works Director (Committee, Sta f, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL P RSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $132 , 631. 56 SOURCE OF FUNDS: Lake Fenwick Restoration Project Fund D2G 7 . CITY COUNCIL ACTION: Councilmember J CZ it"U move.,, Councilmember rt seconds that the Lake Fenwick Restoration Watershed Nonpoint Improvements Project be awarded to VLS Construction in the amount of $132 , 631. 56 (for Schedules A through C) . DISCUSSION: ACTION: Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS September 14, 1995 TO: Mayor R City Council FROM: Don Wickstrom RE: Lake Fenwick Restoration Watershed Non-Point Improvements Bid opening for this project was held on Thursday, September 14th with 2 bids received. The low bid was submitted by VLS Construction in the amount of S 132,631.56 (for Schedules A through C). The Engineer's estimate for A through C was 5123,067.87. It is the recommendation of the Public Works Director that the Lake Fenwick Restoration Wateshed Non-Point Improvements contract be awarded to VLS Construction. BID SUMMARY VLS Construction S132,631.56 Northwestern Landscape $162,242.02 Engineer's Estimate S 123,067.87 MOTION: Councilmember moves, Councilmember seconds that the Lake Fenwick Restoration Watershed Non-Point Improvements be awarded to VLS Construction for the bid amount of$132,631.56. BIDMEMO - F k 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 w O �n O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F-• r:, F 000000 0000 10 vi0000000 0000rnoOvno, rn ...• - x, C) InInrnIn O O CO O N of 7 In D, O� 6, 06 C� N f- ": 69 69 B 69 F, v v3 69DO 69 sv 69 69 69 6�9 69 69 69 W V U o 0 0 00 In o 0 0 o O o 0 0 0 0 0 0 �n 0 0 0 0 �l 0 0 0 0 0 0 0 0 0 0 0 0 G O In ^ O O In In In O In O .-. O O rl 69 d3 O O V .-• In N CL N O O 69 O In 69 69 69 ff3 69 69 69 69 E... o co C 69 69 69 z �9 GIs w M O hl M 0 0 0 O It 0 0 0 0 f l [� rn � �Z ohe0000 v- I? 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S 265 ST HAM .pA'1 �• Sp'Uf S RES::J TRAT7F �W �� agF7 Cr fflDR H4 MP < r rp N FIRE NAMPTON WAY\ � c7 .� ,r GLEN;. �fiti AVE ,�' C TOTLM S, '�J- N 4:Iy0N � ,_� Y �JR.H1. �71 .. PARK S O�j SCHOOL «C Cx •��.c lrr HTIENRPURY < TL f S l 26STN 3T r L S ! ti1R LAKE p CARNASY .pWSY S P ( Mi 26 TH A S 26 TH SCHLE OOL = »ST 1PVQ 5 C » S 270TH $ » 27 TH STI �i ST STA t 2 28 27 4 s 272NO S 26 35 34 � » < 274TH S i VICINITY MAP - 2T6TH Lake Fenwick Restoration Watershed - % PL. S STAR Non-Point Improvements Project 5 OC H O F o __. CONTINUED COMMUNICATIONS A. OPERATIONS COMMITTEE MINUTES SEPTEMBER 13, 1995 COMMITTEE MEMBERS PRESENT: Jon Johnson-Committee Chair, Leona Orr STAFF PRESENT: Roger Lubovich, May Miller, Brent McFall, Susan Narick, Kelli O'Donnell, Ron Spang MEMBERS OF THE PUBLIC: None The meeting was called to order at 9:34 a.m. by Chairperson Johnson. Apnroval of Vouchers: All claims for the period ending August 31, 1995, in the amount of $1,644,477.18 were approved for payment. Council Meeting Schedule Committee Chair Johnson stated that Christi Houser had asked that the item be continued to the next meeting so that she could have an opportunity speak to it. City Attorney Roger Lubovich noted that the three versions of page two address the alternatives proposed to date. He stated that he would be willing to draft any other alternates for consideration. Committee member Orr stated that she thought the three alternates covered all of the proposals she had heard of. It was agreed that the item would be continued to the next Operations Committee Meeting. Investment Policy Adoption Director of Finance May Miller stated that the previous investment policy was vague but stated that the City would follow State guidelines. She explained that the Treasurer's Conference recommended the adoption of specific policies by cities and that a certification process has also been adopted. May noted that it is intended to seek certification for this policy and the board that reviews policies for certification helped in the drafting of this policy. May reviewed the items that were recommended to be included by the Government Financial Report with the Committee. She noted that the number one intent of our policy is to keep the City's funds safe. The second is to maintain a positive cash flow and the third objective is yield. She stated that after the policy is adopted work will be continued on procedures and checks and balances. May noted that the policy recommends the formation of a Investment Committee to meet quarterly to review investments and make recommendations. The Committee would consist of herself, May explained, Susan Narick, the Internal Auditor, Assistant Finance Director, Brent McFall, and a member of the Operations Committee appointed by the Mayor. May added that as an added bonus this policy would be available when selling bonds. During further review, May noted the restrictions on purchasing derivatives as outlined on page 7 of the ordinance as well as clearly stating repurchase agreements will not be used as a means of investing on page 8. Miller introduced Susan Narick who assisted in preparing the ordinance and reports and distributed handout. May explained that the handout contained a glossary of commonly used investment terms and reviewed the reports which are currently prepared. Narick reviewed page 17 with the Committee noting the range of maturity for the City's portfolio from overnight to 2019. She noted the average maturity of the portfolio is 3.16. On page 18 she noted that the average rate of return was historically calculated yearly though Finance is moving to a quarterly report. This report measures performance using the State Investment Pool as a gauge. City Attorney Roger Lubovich added that since there is more in the ordinance it is important that the policy is followed because with adoption it will become law. He noted that May felt comfortable with this. Orr stated that it speaks highly of our Finance Department that they are willing to set guidelines to follow. Johnson added that we have been fortunate to always have good finance people. McFall stated that if OPERATIONS COMMITTEE MINUTES, CONT. 4FpTFMRFR 1 5 anything this policy errs on the side of safety which is good explaining that our policy will not allow the purchase of derivatives or the use of repurchase agreements which can be fine. He continued that since there is even a possibility of misuse it is better to stay away from them as a public institution. May noted that during the certification process there may be minor changes and asked what the process for adoption should be. Roger suggested that a motion should be made to recommend adoption of the proposed Comprehensive Investment Policy subject to final certification by the Municipal Treasurer's Association of the United States and Canada, after which the policy with recommended changes will be submitted to the Council for final action. Leona so moved, Johnson seconded and the motion passed 2-0. Orr thanked the staff for their work on this policy. Added Item Capital Improvement Calendar May Miller distributed a proposed calendar and asked the Committee if they preferred to have a workshop on October 3rd on the CIP or on an off Council night. She noted that it is tentatively planned to have a workshop on the preliminary budget October 17. Leona stated that she preferred a Council night since everyone is here anyway, Jon agreed. There being no further business, Committee Chair Johnson adjourned the meeting at 10:00 a.m. Page 2 OPERATIONS COMMITTEE MINUTES August 23 , 1995 COMMITTEE MEMBERS PRESENT: Jon Johnson-Committee Chair, Christi Houser, Leona Orr STAFF PRESENT: Tim Clark, Roger Lubovich, May Miller, Sue Viseth, Ken Chatwin, Bob Olson, Dee Gergich, Arthur Martin, Brenda Jacober MEMBERS OF THE PUBLIC: Bill Doolittle The meeting was called to order at 9 : 35 a.m. by Chairperson Johnson. Approval of Vouchers. All claims for the period ending August 15 , 1995, in the amount of $2 , 670, 422 . 23 were approved for payment. Worker' s Compensation - Claims Handling Contract Renewal. Ken Chatwin of the Human Resources Department noted that the city has always automatically renewed the Scott Wetzel contract, and that he recently had an opportunity to get a proposal from Johnston & Culverson. He noted that $31, 000 was spent in 1994 , but that that was based on 1993 which was a high claim year. He explained that the fees currently paid to Scott Wetzel and those proposed by Johnston & Culverson are very similar, and noted that most claims are medical rather than indemnity. Chatwin said that the city is not ready to handle their own claims, as it is very time consuming and is not cost effective. He offered to look further into this issue if the Committee desires, but noted that the city has been with Scott Wetzel since 1979 and that their prices are still in line. He recommended staying with Scott Wetzel. Orr moved to recommend authorization to renew Workers Compensation Claims Handling contract with Scott Wetzel. Houser seconded and the motion carried. Out of Country Travel. This item was removed from the agenda by Committee member Houser. Election Night Conflicts with Council Meetings. Councilmember Clark noted that in the past he had requested shifting the dates of some of the Council meetings due to holidays and so forth, but that election night had not been included in the final version. He asked the Committee to reconsider having Council meetings on election nights for the following reasons: 1) A respect for the citizens and their role in the process. He said having Council meetings on election night would put a barrier in front of citi- zenship. 2) There is an obligation to protect the process of democracy, and that financial matters are dealt with at elections. He said everyone is best served by having the highest number of participants possible, and that having Council meetings on election night creates a barrier for other organizations by putting Council business before the public ' s participation in community decisions. 3) There is a responsibility to respect the status of voters. He said voters should never have to make the choice of voting or attending the Council meeting. 4) Voter participation should be encouraged, which the City is not doing by holding a Council meeting. 5) Recognition of the fact that no one has control of the agenda. He pointed out that citizens are free to bring up any concerns at a Council meeting, and said it would be inappropriate to schedule the Council 's business to not be of major impact on the community. He said that by holding a Council meeting on the night people are to vote, when public health and safety issues may be formost on their minds and the Council meeting is their vehicle to address those concerns, the City would be scheduling them to come to the meeting rather than to go to vote. Clark requested that when the November election conflicts with the City Council meeting, that the Council meeting be moved. He spoke in opposition to having the Council meeting on the Monday preceeding the election, as it could be used as a forum. Orr said she cannot support moving a Council meeting to a date that she knows she cannot attend the meeting on. She said she rarely misses meetings, and that she cannot attend meetings on Mondays and Wednesdays. She suggested changing the time of the meeting to 8 : 00 or 8 : 15 p.m. after the polls close. Clark stated that this issue is about the voting public, not about how it affects Councilmembers. Orr responded that it is the responsibility of Councilmembers to attend the meetings to deal with whatever issues may come up, and she cannot support something that would remove her from her responsibility as a Councilmember. Houser agreed with the idea of starting the meeting at a later time. Orr pointed out that citizens get used to having Council meetings on the 1st and 3rd Tuesday of the month, and that there would most likely be a communications problem if the day were changed. Clark noted that his primary concern is the election in November of each year. Orr and Houser suggested having the meeting on election night but starting it at 8 : 00 or 8 : 15 . Clark asked that the time be 8 : 15 p.m. and all agreed. Johnson pointed out that notice would have to be given of the time change, but expressed concern that people may still show up at 7 : 00. Johnson noted that items which are brought up at a Council meeting by a member of the audience are generally referred to a committee, and are not acted upon that night. He said he does not recall ever before having a problem on election night, and that controversial items have been scheduled for the Council meeting before or after. Orr added that no citizen has ever said that having the Council meeting on election night has created a hardship for them to vote. Clark said citizens may have a sudden need to come before the Council ; Johnson responded that they will have the opportunity to speak. Lubovich clarified that the language needed in the ordinance to change the meeting time is as follows: "if any such day of a regular meeting is on the day of the November General Election, the meeting shall be held on the same day at 8 : 15 p.m. " Orr so moved. Houser seconded. Bill Doolittle noted that on election night there is a sense of urgency in the room and a rush to adjourn, and that starting the meeting at 8 : 15 will make it worse. He suggested having the Council meetings in November on the first and second or first and fourth Tuesdays of the month. Clark noted that there is now only one Council meeting in December, and that meetings could be held on the second and fourth Tuesdays in November and the second Tuesday in December. Johnson pointed out that elections sometimes fall on the second Tuesday of the month. Johnson and Clark discussed having only one Council meeting in November, with a special meeting if necessary; Lubovich pointed out that that is budget time. Miller added that the tax levy ordinance must also be adopted at that time of year. Johnson suggested taking this matter under advisement and bringing it back to the next meeting. Orr withdrew her motion. Orr asked whether it could be determined on an annual basis whether to hold a meeting on the 2nd and 3rd or 2nd and 4th Tuesdays in November, based on budget issues, rather than amending the ordinance permanently. Lubovich suggested setting one meeting in November and calling a special meeting if required. Orr noted that special meetings require special notifications and that the agenda is limited. Lubovich stated that regular meetings have to be established by ordinance. Doolittle suggested amending the ordinance to give the Council the option of changing the date on an annual basis. Lubovich said that there may be a problem with that and offered to look into the options. Orr reiterated her concern about confusion as to the days. Lubovich noted that when the Fourth of July holiday was on the first Tuesday, the meeting was held on the the next business day, and said the same thing could be done with election night. Clark thanked the Committee for their consideration. July Financial Report. Finance Division Director Miller reviewed the July Financial Report. She noted that the General Fund was down a bit because all contracts were settled and retroactives were paid. . She said that a new investment policy has been drafted. She pointed out that page 8 shows that approximately half of the debts have been paid, and that General Fund revenues are strong and consistent. She explained the budget adjustment relating to the annexation budget, and noted significant activity in building permits, as well as fines and forfeitures. She noted that page 41 shows a balance in the Health Insurance Fund of $264 , 997 in 1992 and $1, 200, 000 in 1995 , and that an actuarial study is currently being done. Upon Clark' s question, Miller explained that page 25 shows a sales tax adjustment of $310, 234 , of which $273 , 000 has been received. CIP/Budget Calendar. Miller noted that department proposals are coming in and asked whether the Council would want a workshop on the CIP. She noted that the CIP does not have to be adopted until November. Orr said a workshop is a good idea and all agreed to have the workshop on October 10 . Miller said she will bring this back to Operations on September 27 , and to Council for adoption on November 7 . Miller distributed a handout regarding changes to the budget calendar. She explained that formerly the date for setting the tax levy was in October, that no one ever adopted their tax levy in October, and the code was changed to recognize that fact; however, they did not change the requirement that the preliminary budget be presented October 1st or before. She explained that this would require that the budget be balanced in September, which is impossible. She pointed out that Municipal Research Services believes that cities can continue to follow their current practice, if the Council agrees. She noted that current practice is to have the budget ready in October or November. Miller then explained the second change, which requires that a public hearing be held before the property tax levy is adopted. She said they usually do not have figures before early in December, and expressed concern about the ability to hold a public hearing in time to meet this requirement when the information is not available. Lubovich said this issue has been addressed in the past and agreed to research it. Johnson noted that the Assessor has never submitted the levy on time, and that the Department of Revenue has always ignored the deadline. Miller noted that figures can be estimated, but that they cannot be adjusted higher if estimated improperly. Added Item - Council Computers. Orr referred to a memo from Council President Woods stating that it costs $15, 000 a year for five Councilmembers to have computers. She asked for a detailed report as to how that figure was arrived at, since she understood the computers were surplus and the costs were minimal. Miller said it may be related to paying maintenance on the mainframe. Added Item - Meeting Notices. Bill Doolittle noted that he recently received four meeting notices on the same day, each with 32 cents postage on it. He asked why bulk mail was not used and why the notices are not consolidated. Orr explained that a staff person recently told her that bulk mail is not always delivered promptly or at all. Doolittle suggested showing the meeting times on the cable tv channel and Orr indicated that this is being done. She agreed that postage is worth looking into. Lubovich suggested updating the mailing lists annually; all agreed. On further comments from Doolittle regarding the notices, Houser explained that notice of cancellation of meetings is required. Roger said it may be that notice of cancellation of meetings only requires posting, not mailing. He agreed to check on it. Adjournment. There was no further business and the meeting adjourned at 11: 00 o ' clock. PUBLIC WORKS COMMITTEE September 11, 1995 PRESENT: Jim Bennett Gary Gill Tim Clark Paul Scott Don Wickstrom Tom Graham Tom Brubaker Mr. & Mrs. Rust ABSENT: Paul Mann SEWER RATE INCREASE Wickstrom explained that METRO is increasing their rates by a $1.15 and the City is proposing the utility tax be passed onto the property owners. He said that the utility tax is now on the Utility and not billed separately to the individual customer, therefore, that is why we include in the rate change the utility tax portion. Wickstrom commented that we would pay for it anyway, one way or another. He went on to say that the City's utility tax on the sewer fund doesn't show up on utility bills. It is paid by the Utility and, as such, it's an overhead cost, so anytime the rate changes, if there are no corresponding added percentage related to the utility tax it comes out of our existing operating costs. Councilman Clark questioned what the explanation was from METRO. Wickstrom explained that METRO was still in the process of meeting the Federal water quality edict pertaining to requiring secondary treatment at all their sewage treatment facilities. He said that once that's complete METRO next edict is to clean up their CSO's (combined sewer overflow) problems. As such, there will always be a yearly METRO increase. Committee unanimously recommended authorization to the adopt the proposed sewer increase. PROPOSED INTERLOCAL AGREEMENT - S. 240th STREET Wickstrom stated that this was strictly for information at this time since we did not have a formal agreement and they were in the process of developing it. He said as part of the Meridian Annexation, we had thought we were clear of all County concerns, then the petition forced a Boundary Review Board hearing which ",ave a second life to Kin; Co. Public Works people who used this as leverage to force the City to participate. Wickstrom stated that the City would have participated anyway in the road project with regard to that portion fronting on the annexation. He said that the County brought it to the City's attention that they were going to testify before the BRB had we not worked out an arrangement with them. Wickstrom said that the County had several roads that they were proposing to build in the Meridian Annexation, but actually only two that they were building and the rest they had no plan of building within the Six-Year Plan. One was S.E. 256th which would be ours to build anyway and S.E. 240th was the only one of contention because they had anticipated budgeting for that in 1996. He said the County Council had this new improviso that they would not build any capacity improvements within the urban areas unless the surrounding annexing city would reimburse them for that cost upon annexation. Wickstrom said this was a budget proviso that the County was trying to apply toward all cities. Wickstrom said that the Boundary Review Board would not be able to ignore the County testifying at the hearing that they were dropping all road improvement projects within the area. Such testimony could negatively affect the BRB's decision on the annexation. Wickstrom stated that the City chose to execute a memorandum of understanding when we agreed to pay for only future costs on 240th, not the 2 million they already spent. Wickstrom also said that the County had threatened to attach strings to the money on the 196th Corridor Project which their share was 4.6 million. Wickstrom noted that the City needs the 196th Corridor Project for concurrency under GMA . He said that under the agreement, the County will now eliminate all the strings on said money. Clark asked if there was anything on the S.E. 277th Corridor. Wickstrom said that subsequently, because of this budget proviso and the fact that we would not pay for the County's 277th southeast corridor out to Highway IS, even though the best route may fall within the City, the County decided to drop the extension from their plan. Wickstrom said by doing so, the City may save costs on our 277th Corridor Project because the County had a 50 MPH design speed and we have a 45 or 35 MPH design speed which means different vertical curve requirements in the road and on the hillside that represents a significant change in the required cutting and filling. Wickstrom said originally he thought it would be 3 million, but that is more than the entire estimate of the cut and fill work. Anyway, we'll save some money. Wickstrom said that our initial cost is 1 .7 million in '96. He also pointed out the County's financing program on 240th anticipated an ISTEA grant, which they never (7ot. Wickstrom said with our participation, the County will definitely build it and will reallocate monies from other projects if they have to. Wickstrom said as far as the money is concerned, we are proposing to pay for it through a Councilmatic bond issue. The annexation area would generate enough new money via the Street Utility and the vehicle registration fee to pay for debt service. S. 212th STREET HOV LANES - WEST VALLEY HICTHWAY to SR 167 Wickstrom explained this was an agreement with Burlington Northern Railroad to widen the railroad crossing in conjunction with the HOV project. The total cost is $356,000 for which the money is included in the project budget. Brubaker, however, recommended that one change be made to the contract to strike through the line that the railroad receives no benefit from the improvements made by the City. Brubaker suggested this change be initialed by the Mayor and approved by the railroad and, if they won't agree to the change, the City would reconsider entering into this agreement for two reasons: 1) It's not a statement of the trith because the railroad improvements to our roads increases -J- the railroad business due to better traffic infrastructure that serves their customers and 2) The City will be going to the WUTC per our 196th Corridor Project and asking for them to determine a proportionate share of contributions of the railroad for that bridge and that share will be based, in part, on the benefit to the railroad from the construction of the bridge and we do not want to set a precedence in other areas where we have stated that our improvements to City roads is not a benefit to the railroads and their operations in the Green River Valley. Committee unanimously recommended to accept the agreement with Burlington Northern Railroad for the S. 212th HOV Lanes, West Valley Highway to SR 167. ADDED ITEM: SIDEWALKS ON S. 218th STREET Mr. Rust stated that they were not protesting the road, but were protesting the design of this project and inquired whether there was any avenue to bring it back to Council for redesign. Wickstrom explained that the sidewalk issue was hassled out at the Council level including the whole matter of sidewalks on both sides. Wickstrom stated that dropping the sidewalks on the south side was a result in about $18,000 in savings, however, the south side properties would only realize $6,000 worth of savings as the bulk of the area involved in the assessments is on the north side of the road. Said $18,000 amounted to 1.54% of the total project cost. The alternate plan that the City came up with, and the Council adopted and passed an ordinance on, was for the property owners to pay to widen the road to two lanes (24 feet pavement width), install gravel shoulders, install the drainage system, beef up the road structure so it could handle the truck traffic and take out the safety problems. Wickstrom said that came to S 167,000 less than it would to widen the road out to 36 feet, and install curbs, gutters, and sidewalks. Wickstrom said the City was essentially paying for those improvements by contributing the $167,000 to develop the project. Torn Graham voiced the opinion that when the City pays for a project, it's not the City really, it's the people who pay for it. Wickstrom responded that the general public pays for it but that the City argued that this was really a local road and there should not be any general public funds supporting the abutting property owners. Wickstrom said that what we ended up is that there are some general tax payers' fiords (drainage money) that is paying for the road widening. Graham said that he felt that two sidewalks is "one sidewalk" overkill, because there isn't the pedestrian traffic. Wickstrom said that this was covered in the last hearing before the full Council on the formation of the LID. Wickstrom commented that everyone received their formal notice because that was the same date the LTD was formed, they were given 2 weeks prior notice which advised them of their assessment and the fact that the City was holding a hearing on a certain date, creating the LID. Mr. Rust said he understood that they could not protest the road because it had already been passed, but was .List trying to eliminate a little bit of money because we pay for it. Wickstrom noted that the hearing was on the 18th before the full Council, the ordinance creating the LID was passed, Council closed the public hearing and deliberated on it, and then authorized the City to include fiinding this project. -4- Graham said that even though it would be a little more money because he didn't sell as much land to the City, it would be worth it just not to have another sidewalk because of the economic impact. He wanted to know if there was any opportunity for the design to be re-evaluated since it was a design question and not a problem of the LID. Wickstrom said the LID was formed describing certain improvements which included sidewalks on both sides. He said you can delete improvements but you cannot add them to an LTD. Wickstrom said we have settled for right-of-way acquisitions on all other parcels other than these two. Graham said that it was a matter of principle not to overdesign a project and that they were not trying to kill the project, but felt it was more than they needed. Wickstrom commented that it does meet our standards that were adopted by Council and that sidewalks are a big issue to this City. Wickstrom said the City spent approximately $600,000 last year on sidewalks throughout the City, which was a combination of a 2-year program. Graham asked who paid for these sidewalks when they wanted them. Wickstrom responded that typically they are an LID unless they are school related. Graham questioned if those who didn't want them, didn't have to pay for them. Wickstrom stated that the City has pockets all over the City and we have to provide consistent walkways throughout the area. Mrs. Rust remarked that as part of standards and/or rules putting sidewalks on both sides, it is not carved in stone, that it was not a law or rule that has to be adhered to. Wickstrom said that this project had gone through Council and there is a big battle over sidewalks and that Council voted to put sidewalks on both sides as part of the project. He said that he was not in the position to say that he was going to delete them off of one side unless Council tells him to. Wickstrom continued that they would have to go back to Council and get a majority vote. Clark remarked that if the Council did that, favoritism would enter into it. Meeting adjourned: 5:30 PM R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE I F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS