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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/06/1996 �2�2�tt�Ew CNt of KentY . City Council Meeting Agenda CITY OF 7 .r Mayor Jim White Council Members Christi Houser, President Jim Bennett Jon Johnson Tim Clark Leona Orr Connie Epperly Judy Woods February 6, 1996 Office of the City Clerk a : CITY OF WIL-011I)TIT SUMMARY AGENDA KENT CITY COUNCIL MEETING February 6, 1996 Council Chambers 7: 00 p.m. MAYOR: Jim White COUNCILMEMBERS: Christi Houser, President Jim Bennett Tim Clark Connie Epperly Jon Johnson Leona Orr Judy Woods CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. Kent Arts Commission 1996 Community Arts Grant Awards B. Employee of the Month C. Legislative Update D. Introduction of Mayor's Appointee E. Proclamation - Boy Scouts Week 2. PUBLIC HEARINGS None 3 . CONSENT CALENDAR Approval of Minutes �. Approval of Bills ` 1 -C-. Designation of Agent for Disaster Recovery - Resolution .H: Corrections Facility Health Service Contract -R. Recycling Coordinator/Education-Department of Ecology Agreement -F. State Revolving Fund Loan Agreement (Garrison Creek) Street Vacation - S. 218th - Resolution i. Segregation - LID 330 Assessment #6 Amended - Resolution 240th Street Agreement - Authorization to Sign ,d! Cedar Meadows Plat - Bill - of Sale ,K: Carpinito Business Park - Amendment to Bill of Sale x. Tree Grate Supply Contract - Accept as Complete James Street/4th Avenue Improvements - Acceptance pY. Frager Road Guardrail - Acceptance 0: Kent Springs Transmission Main Repair - Acceptance -F . Bicycle Advisory Board - Reappointment -@: Land Use and Planning Board Ordinance - -R. ' Voluntary Retirement Incentive Program S. Investment Policy - ordinance 4 . OTHER BUSINESS ,A. Interlocal Agreement with King County Regarding Annexations 5. BIDS None 6. CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSION: 1) Potential Litigation 8 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TOD 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) Kent Arts Commission 1996 Community Arts Grant Awards B) Employee of the Month C) Legislative Update D) Introduction of Mayor' s Appointee E) Proclamation - Boy Scouts Week CONSENT CALENDAR 3. city Council Action: Councilmember Lr __Moves, Councilmember VV seconds that Consent Calendar Items A through S be approved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meetings of January 2, 1996, and January 16, 1996. 3B. Approval of Bills. Approval of payment of the bills received through January 15 and paid on January 15, 1996 after auditing by the Operations Committee on January 31, 1996. Approval of checks issued for vouchers: Date Check Numbers Amount 1/12/96 163872-164333 $2 , 115, 304 . 46 1/16/96 164334-164383 95 ,253 . 37 $2, 210, 557.83 Approval of checks issued for payroll for January 1 through January 15, 1996 and paid on January 19, 1996: Date Check Numbers Amount 1/19/96 Checks 208769-209109 $ 284,875. 43 Advice 30866-31320 587 , 045. 95 $ 871,921. 38 Council Agenda Item No. 3 A-B Kent, Washington January 2, 1996 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Epperly, Houser, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Parks Director Hodgson, Finance Director Miller, Information Services Director Spang, and Police Captain Miller. Approximately 40 people were at the .meeting. PUBLIC Oath of office. The Oath of Office was adminis- COMMUNICATIONS tered to newly elected Councilmembers Bennett, Epperly, Orr and Woods. Employee of the Month. Mayor White announced that Galen Hirschi of the Information Services Department has been selected as Employee of the Month for January. He noted that Hirschi juggles a significant volume of questions about software, hardware, printers or the network, as well as dealing with a variety of complex technical challenges. He added that Hirschi's training of City staff has been invaluable to all who have been in his classes. Information Services Director Spang voiced appreciation for Hirschi's enthusiasm, teamwork and organization, and the Mayor presented him with the Employee of the Month plaque. EXECUTIVE At 7 : 05 p.m. , the meeting recessed into an SESSION Executive Session of approximately 15 minutes to discuss pending litation and potential litiga- tion. The meeting reconvened at 7 :23 p.m. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR E, with the exception of Item C which was removed by Councilmember Clark, be approved. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the Special Council meeting of December 13 , 1995. STREET UTILITY/ (PUBLIC HEARINGS - ITEM 2A) UTILITY TAX Street Utility Repeal and Substitute Utility Tax. As directed by Council, this date has been set for a public hearing on the repeal of the City' s street utility and adoption of a substitute utility tax. The Public Works Committee has recommended adoption of the ordinance repealing the existing street utility, and the adoption of an ordinance creating a 1% increase in the 1 January 2 , 1996 STREET UTILITY/ utility tax specifically designated for street UTILITY TAX purposes. The revenues generated by the utility tax would equal that lost by the repeal of the street utility. Operations Director/Chief of Staff McFall noted that the Washington State Supreme Court has invalidated a portion of a Seattle ordinance relating to Seattle's street utility. He noted that Seattle' s street utility is based on the same statute as Kent's. He explained that Kent' s street utility is dedicated to the funding of two east/west corridor projects--the 196th corridor and the 277th corridor. He noted that funds have been expended in design and right-of-way acquisi- tion, and that grant funds have been secured as well. McFall said that staff has analyzed the results of Seattle's lawsuit and tried to iden- tify alternatives which could be used to replace the revenue that was available from the street utility, if the street utility were repealed. He said the risks of continuing to collect the street utility are far greater than the potential benefits, and that other sources must be found to fund the construction. McFall stated that a Task Force was formed, which recommended to the Mayor that the funds be re- placed through a 1% increase in the utility tax that the City charges on all utilities except cable television. He noted that the street utility generates approximately $1.4 million per year and that 1% of the utility tax would also generate approximately $1. 4 million per year. He said staff tried to identify who would be pay- ing the tax and make it neutral so that both businesses and residents would be paying as nearly as possible the same proportioned amounts as they were under the street utility, and that the 1% utility tax provides the best way of doing that. He explained that rates will fluctuate depending upon the amount of utilities used and the number of employees. He urged the Council to repeal the street utility ordinance and adopt an ordinance raising the utility tax by 1% with that revenue dedicated to the corridor projects. 2 January 2, 1996 STREET UTILITY/ Public Works Director Wickstrom stated that the UTILITY TAX street utility was the last financial link in implementing the corridor projects. He noted that the grants which were received are very tentative, and that if the City' s source of financing is lost, the grants will be pulled. He said that $5,500, 000 has already been spent, $1,500,000 of which is grant money which may have to be reimbursed if funding is lost. Wickstrom noted that the county had budgeted a five-lane improvement on 240th from 116th to 132nd, and that during the Meridian' Annexation they imple- mented a mortgage financing program in which they don't do any improvements unless the adjacent city pays them back. He said the City' s frontage share was $1, 800,000 and that it was planned to use the street utility revenue from the annexa- tion to fund it. He added the west leg of the 196th corridor project was always questionable as to whether it could be implemented. He concluded that without an alternative source of funding, the 240th project could not be done, $5, 000, 000 would be pulled by the County from the 196th corridor project, $13 , 000, 000 in grants would be jeopardized, and $1,500, 000 already spent may have to be repaid. He pointed out that this covers just the first six years in the Comp Plan. He noted that by 2002 , the east leg of the 196th corridor needs to be constructed (East Valley to Benson) , and the west leg of the 228th corridor must be constructed (Military Road to 54th) in order to meet the service level. McFall noted that the City Attorney has recom- mended changing the effective date of the ordinance repealing the street utility and the ordinance increasing the utility tax to within five days of enactment of the ordinances. Finance Director Miller noted that the funding options have been reviewed by the Task Force, the Chamber of Commerce, the Operations Committee and the Public Works Committee. She outlined them as follows: 1) leave street utility in place and seek Legislative remedy, 2) repeal the utility without replacement revenues, 3) repeal the utility and lower the level of service, and 4) repeal the utility and substitute the revenue. She stated that in Option 4, 90% of the funding 3 January 21 1996 STREET UTILITY/ is paid by businesses and 10% by residents, and UTILITY TAX that Kent already has the lowest utility tax in the state. She added that it would be easy to implement. She then explained the other options and said that if the street utility were repealed and not replaced, revenue would be lost. Miller added that in the 1994 CIP, a survey showed that citizens are willing to pay additional taxes for the corridor projects. She spoke in favor of enacting the ordinances in five days. Mayor White declared the public hearing open. Paul Morford, P. O. Box 6345, Kent, said the street utility is the most fair tax and urged the Council to keep it. He said the second choice would be to take an increase in the property tax to a vote of the people. There were no further comments and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. CLARK MOVED to adopt Ordinance No. 3273 repealing the existing street utility ordinance, and containing a five-day enactment period. Woods seconded. Bennett said he does not see how the corridor projects will be built without this, but that it is an opportunity to not increase taxes by leaving it as is. Clark pointed out that the Transportation Plan has obligations and that this is the best remedy. Woods agreed with Morford that the existing street utility was the best possible option, but that it is no longer viable and an alternative must take its place. Upon Johnson's question, Wickstrom said the total for the three grants is $13 , 000, 000. The Mayor noted that the Transportation Improvement Board is beginning to pull back funds where projects have not been built after a number of years. The City Attorney noted for Johnson that the Seattle challenge questions the ability of cities to continue collecting the residential portion of the street utility. He added that the commercial aspect has not been challenged until recently and there is no court ruling on it. He clarified that it is Seattle' s ordinance which was invali- dated, but that Kent's is at risk. 4 January 2, 1996 STREET UTILITY/ Johnson said he does not feel Kent' s ordinance is UTILITY TAX unconstitutional, but it would be in the best interest of the city to repeal the street utility at this time. He said he would prefer to keep the street utility in tact, but there is too much at stake. Lubovich noted for Orr that Seattle is asking for reconsideration on the issue of re- funding money. Bennett asked whether Boeing has filed a lawsuit. Lubovich said they have, and that his recommendation to repeal the ordinance and find a substitute source of funding was presented two months ago, prior to any lawsuit. The motion to adopt Ordinance No. 3273 then carried. CLARK MOVED to adopt Ordinance No. 3274 creating a 1% increase in the utility tax specifically designated for street purposes, thereby replacing the Street Utility fee, to be in force five days from publication. Woods seconded. Johnson said that this needs to be done until the issue of the street utility can be addressed through the Legislature. He said it is clear that the corridor projects are needed, and fund- ing should not be jeopardized. Woods concurred. BENNETT MOVED TO AMEND the motion by sunsetting the ordinance after the Legislative session, which would motivate Council to work on a re- placement. Clark did not accept this as a friendly amendment, and Johnson seconded for discussion. Clark spoke in opposition of the amendment because of the financial problem and the commitment to the projects. He said that most likely no action would be taken by the Legislature. Houser voiced concern that grants may be jeopardized by the sunset clause, and said sunsetting at the end of the Legislative session is too soon. Bennett said the purpose is to let the Legislative address the issue across the state, and if they don't, it would not affect the ordinance. Orr expressed concern about the effect of the increase on those with fixed in- comes, and about how the charge for a small home would be about the same but for a large home it could double. She agreed with the idea of having people vote on this. She pointed out that each time any of the utility rates increase, the tax 5 January 2 , 1996 STREET UTILITY/ would also increase. McFall pointed out that the UTILITY TAX ordinance as drafted has a sunset provision in it for April 7, 2002, and that the original street utility had that date as a sunset provision. After further discussion on the sunsetting clause, the MOTION to sunset Ordinance No. 3274 at the end of the Legislative session FAILED with all opposed. JOHNSON MOVED TO AMEND Ordinance 3274 by sunsetting it effective the date that the State Legislature enacts or renews the street utility. Bennett seconded. Clark asked whether this assumes that any movement by the State Legislature on a street utility tax is also simultaneously enacted. Johnson said that is correct. The motion to amend carried with Clark opposed. Orr offered a friendly amendment that Council enact a 1/2% increase as opposed to the 1% increase until such time as a better way could be found, through sales tax revenues, changing priorities, or letting people vote on raising their property taxes. Clark did not accept the friendly amendment. ORR MOVED TO AMEND THE MOTION to substitute 1/2% of 1% for the 1% increase. Houser seconded. Upon Johnson' s question, Wickstrom said if the full amount of money is not replaced, there will not be funds available to implement the programs, and that funds already expended will be lost. Miller stated that reducing the increase would produce only half of the needed amount, and that it may jeopardize the gas tax. She also ex- pressed concern about any further delay. Clark pointed out that much is at risk and it is time to make a commitment. Woods reminded the Councilmembers that they are elected to make decis}ons such as this, and that if a more tenable solution is found in the future, the issue can be revisited. Orr' s motion to amend by substituting 1/2% for 1% FAILED with only Orr in favor. The motion to adopt Ordinance 3274 as amended then carried with Orr opposed. 6 January 2 , 1996 TRAFFIC (CONSENT CALENDAR - ITEM 3C) CONTROL (REMOVED BY COUNCILMEMBER CLARK) 100th Avenue SE Extension and SE 244th Street Temporary Closure. The Public Works Committee, at their October 23rd meeting and reaffirmed at their December 14th meeting, recommended the temporary closure of SE 244th Street between 104th Avenue SE and 100th Avenue SE for a dura- tion of 18 months; the adoption of Alternative A as the planned road network for the neighborhood, subject to including within the opening of 100th Avenue SE between SE 242nd Street and SE 244th Street, specific traffic restrictor provisions such as speed humps, chokers, etc. , as part of the improvement so as to prevent high speed and unnecessary pass through traffic; and acknowl- edgement that at the end of the 18 month closure period, SE 244th Street will be reopened as per the adopted road network (Alternative A) . Clark stated that a special committee meeting was held on East Hill regarding this issue. He noted that the community, after hearing the impacts on the neighborhood, chose Alternative A. He MOVED for adoption of the 100th Avenue SE Extension and SE 244th Street closure. Bennett seconded. The motion carried. SUBDIVISION (OTHER BUSINESS - ITEM 4A) Glen Kara Preliminary Plat SU-95-3. This date has been set to consider the Hearing Examiner's recommendation for conditional approval of an application by Lakeridge Development, Inc. for a 34-lot single family residential preliminary subdivision. The property is located west of 100th Avenue S. and north of S. 222nd Street. ORR MOVED to accept the findings of the Hearing Examiner and to adopt the Hearing Examiner' s recommendation of approval with twenty-one (21) conditions of the 34-lot single family residen- tial preliminary subdivision. ADULT USE (OTHER BUSINESS - ITEM 4B) Adult Use Zoning Code Amendment. The proposed ordinance would amend the City' s existing Adult Use zoning provisions by eliminating setbacks for adult use businesses in residential use commer- cial zones. 7 January 2 , 1996 ADULT USE Laurie Evezich, Assistant City Attorney, ex- plained that a lawsuit was filed in 1994 resulting in a declaration that the City' s adult use zoning ordinance was unconstitutional as applied to the applicant. She noted that the City has reviewed the options available, and that the City Attorney's Office recently recommended to the Planning Committee the adoption of an option which would be the most legally defensible and would meet the requirements of the Federal court order. She said that this is Option 4 , which would lift the 1000' setback from residen- tial uses in commercial zones. She explained that there would be the potential for 32 sites, but that this does not indicate that there will be 32 applications or 32 sites available. She added that licensing regulations have been enacted which protect the citizens and would reduce any negative secondary effects from adult use businesses, and urged the Council to adopt Option 4 . Evezich noted for Houser that there are not many buildings in the area that are empty, and that if no action were taken tonight the moratorium would expire on January 16th and adult use businesses could locate anywhere in the - city. The City Attorney pointed out that the ordinance could have a five-day effective period and recommended amending the ordinance, if adopted, to become effective five days after publication, rather than 30 days after passage. ORR MOVED to adopt Ordinance No. 3275 amending certain adult use zoning code requirements in the city of Kent, enacting a five-day effective period, and to adopt the findings in this ordi- nance. Woods seconded. Johnson said that although he still agrees with the remarks made by former Councilmember Mann at the last meeting, and that he opposes these types of uses, he must vote to support adoption of this ordinance to restrict where the uses would be located. Upon Bennett' s question, Lubovich ex- plained that the judge did not indicate the number of sites required. He pointed out that there must be zoning for a reasonable number of sites, and that does not mean that the sites must be vacant. Evezich said there are two sites available which are not currently being used. Orr pointed out that this ordinance restricts x 8 January 2, 1996 ADULT USE uses to a small area in the city, which will make it easier for police to patrol if one or more of these establishments were to open. Orr's motion to adopt Ordinance No. 3275 then carried with Bennett and Epperly opposed. IMPACT FEES (OTHER BUSINESS - ITEM 4D) School Impact Fees - Authorization to Amend Comprehensive Plan. The proposed resolution declares an emergency pursuant to City Ordinance No. 3237 and authorizes the preparation of an amendment to the City's Comprehensive Plan to adopt the Capital Facilities Plans of school districts who choose to participate in the City' s school impact fee program. The City Attorney noted that this is one component of the school impact fee program. ORR MOVED to enter into the record a letter received from the school district this afternoon regarding this issue. Woods seconded and the motion carried with Bennett opposed. ORR MOVED to adopt Resolution No. 1450 declaring an emergency and authorizing the City to con- sider the addition of School District Capital Facilities Plans as sub-elements of the City's Comprehensive Plan. Woods seconded and the motion carried with Bennett and Epperly opposed. ALTERNATIVE (OTHER BUSINESS - ITEM 4C) MEDICINE Alternative Medicine as an Economic Development Effort. The proposed resolution has been recom- mended by the Natural Medicine Economic Task Force promoting Kent as the "Wellness Capital of America" and encouraging the establishment of wellness-oriented medical practices and asso- ciated businesses in the City of Kent. Mayor White introduced Merrily Manthey and com- mended her for her efforts on this issue. Lin Houston stated that she has benefitted greatly from alternative medical care, and said that the city has been very progressive in caring for it's residents, citing the parks and recreation pro- grams, cultural arts programs, and human services programs as examples. She pointed out that the King County Council recently provided for a natural medicine public health clinic, which is 9 January 2, 1996 ALTERNATIVE the first such clinic in the nation. She thanked MEDICINE the Council for their continuing efforts to improve the quality of life for Kent residents. Arlene Darby, Citizens for Alternative Health Care, said it is appropriate that Kent would accept the responsibility for a public justice system and work on physical, mental and emotional help. She encouraged the city to be a center for health and wellness, and noted that it will also benefit economically. Dr. Jonathon Wright thanked the Council for being open and receptive to all types of health care. He said the City has an opportunity to improve both the health of its citizens and its economic health. Merrily Manthev said that an interview will appear in the New York Times soon regarding the demand from citizens for a choice as to health care. She noted that Rochester, Minnesota, has an economic advantage of approximately $1, 000, 000 a day by having adopted a health focus. She explained that this is from hotels, bed and breakfasts, and so forth. She predicted that many people will come to Kent, adding to the revenue and the quality of life. JOHNSON MOVED to adopt Resolution No. 1449 endorsing Kent as the "Wellness Capital of America" and encouraging the establishment of wellness-oriented medical practices and asso- ciated businesses in the City of Kent. Orr seconded and the motion carried. Mayor White expressed appreciation to the Task Force. COUNCIL (OTHER BUSINESS - ITEM 4E) Election of Council President. Pursuant to City Resolution No. 1094, the City Council must elect its president, who shall also serve as the City's Mayor Pro Tem. in January of this year for a two- year term. WOODS expressed her appreciation to the Council, acknowledged staff for their work, and NOMINATED Christi Houser as the next Council President. Orr seconded and the motion carried. Mayor White thanked Dr. Woods for her service as Council President. Houser thanked the Council- members and said she will do the very best job _ possible. 10 January 2 , 1996 COUNCIL Added Item. Paul Morford, P.O. Box 6345, Kent 98064, stated that he has been asked why Councilmember Bennett is absent from Council meetings, and said he feels that although he is in attendance, the television camera cannot see Mr. Bennett. He suggested rotating the chairs. POLICE (BIDS -. ITEM 5A) DEPARTMENT Purchase of Police Patrol Vehicles. The Equip- ment Rental Division solicited bids for the purchase of eleven police patrol vehicles. These vehicles are normally purchased from the State of Washington Acquisition Contract. However, due to limited supply, the State closed all requests before the City was notified of the submittal date, which was November 15, 1995. As such, there was no opportunity to place the order as in years past. It is the recommendation of the Public Works Director that eleven 1996 Crown Victoria Police Interceptors be purchased from the sole source supplier, Arendale Ford, of Arlington, Texas for the amount of $19, 058 . 00 each, plus tax, plus -W $616. 68 delivery fee per vehicle. CLARK MOVED that the purchase of eleven 1996 Crown Victoria Police Interceptors be awarded to Arendale Ford, Arlington, Texas for the bid amount of $19, 058 . 00 each, plus tax, plus $616. 68 delivery fee per vehicle. Woods seconded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 3D) RECREATION House Demolition Project. ACCEPT as complete the demolition of the Parks Department house at 8121 South 259th, and release retainage to RJC Inc. upon receipt of state releases. (CONSENT CALENDAR - ITEM 3E) Driving Range Roof Extension Project. ACCEPT as complete, the Driving Range Roof Extension Pro- ject at the Riverbend Golf Complex, and release retainage to Golf Landscaping upon receipt of state releases. 11 January 2, 1996 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through November 30 and December 15 and paid on November 30 and December 15 after auditing by the Operations Committee on December 27, 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/95 162182-162756 $2, 392 ,419 . 47 12/15/95 162757-163226 2 ,473 , 045. 38 Approval of checks issued for payroll for November 16 through November 30 and paid on December 51 1995; and approval of checks issued for Payroll for December 1 through December 15 and paid on December 20, 1995. Date Check Numbers Amount 12/5/95 Checks 207772-208145 $313 ,202.70 Advices 29528-30010 593 , 116. 29 $906, 318 . 99 12/20/95 Checks 208146-208455 $264, 658.47 Advices 30011-30425 540 ,435. 36 $805, 093 .83 REPORTS Council President. Houser reported that she has gathered information regarding implementation of a teen court, and that she has a video on how a teen court operates if anyone is interested in viewing it. Houser then announced Council Committees as follows: Operations: Johnson-Chair, Bennett and Orr Public Works: Clark-Chair, Orr and Epperly Planning: Orr-Chair, Johnson and Clark Public Safety: Bennett-Chair, Woods and Clark Parks: Woods-Chair, Johnson and Epperly operations Committee. Johnson said the committee is scheduled to meet at 9 :30 a.m. next Wednesday, but that because of new membership, it may have to be rescheduled. 12 January 2 , 1996 REPORTS Administrative Reports. McFall reminded the Councilmembers that the annual Council Retreat is scheduled for January 19 and 20, 1996, with Lyle Sumak. He noted that the sessions will begin at 4: 00 p.m. on Friday and 8 : 00 a.m. on Saturday. EXECUTIVE At 9: 25 the meeting recessed into an executive SESSION session of approximately ten minutes. (Potential litigation) ADJOURNMENT The meeting reconvened and adjourned at 9: 55 p.m. -Zz�. renda Jac er, CMC City Clerk 13 Kent, Washington January 16, 1996 .H Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Clark, Epperly, Houser, Johnson, Orr and Woods, Operations Director/ Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Finance Director Miller, Parks Director Hodgson, and Human Resources Director Viseth. Councilmember Bennett was excused from the meeting. Approximately 30 people were in attendance. PUBLIC State of the City Address. Mayor White delivered COMMUNICATIONS his State of the City Address, reporting on the city's accomplishments and challenges. He noted that the Meridian Annexation increased the population of the city to nearly 60, 000 and an area of 26 square miles. He added that zoning for the Ramstead/East Hill, Jones/Hobbs, Everson and Beck annexations also took place in 1995 . He stated that the Comprehensive Plan was adopted, bringing the city into compliance with the Growth Management Act, and that 2,288 building permits, with a total valuation of $217, 075, 117 were issued. He said that the city now has the strongest cash position in it's history as a result of the policy of increasing ending fund balances, and that the city has aggressively taken advantage of opportunities to refinance outstanding bond issues to save money. Mayor White noted that three hundred code enforcement cases were resolved, and many other unsafe and unsightly properties have been cleaned up. He stated that the Parks and Recreation Department expanded the youth program, and that the city has acquired several parcels of property for future park development, as well as funding park master plan projects for the renewal of several existing parks. He noted that the Police Department has attained national accreditation, the city's use of the cable tv channel has been expanded, econo- mic development efforts have been expanded, a trial shuttle bus system was received enthusias- tically, a Commute Trip Reduction program was conducted, permits for the 277th and 196th corri- dors were obtained, improvements were made to James Street, and HOV lanes were constructed on S. 212th. Mayor White said that delivering services without diminishing levels of service will be a challenge in 1996. He outlined upcoming projects, such as 1 January 16, 1996 PUBLIC implementing the Comprehensive Plan, continuing COMMUNICATIONS the shuttle bus system, doing an analysis of downtown's potential and needs, working with the Natural Medicine Economic Development Task Force regarding capitalizing on that industry, con- structing the lagoon project on the valley floor, identifying and funding park land acquisition, and analyzing the staffing and equipment needs of the Police and Fire Departments. He added that the east/west corridor projects (277th Street and 196th Street) continue as priorities this year. The Mayor concluded that the city has the talent, resources and will to respond to these challenges. Daughters of the American Revolution/American History Month. The Mayor read a proclamation noting that our ability to respond intelligently to the issues we face today depends greatly on our understanding of history, and proclaimed the month of February 1996 as Daughters of the American Revolution/American History Month in the City of Kent and encouraged all citizens to join him in this observance. The proclamation was presented to Marcella Burkett, Regent of the Lakota Chapter. Ms. Burkett explained that the Lakota Chapter works with schools in Kent, and that Amy Jensen of Kent Junior High was a winner in the State American History Contest last year. Judy Woods Day. Mayor White read a proclamation noting that Judy Woods has served the citizens of Kent as a Councilmember since November 11 1982 , has worked tirelessly to improve the human ser- vices in Kent, and has been an advocate of improved transportation as well as parks and recreation for the benefit of all citizens. He noted that she was elected by her peers to serve as Council President in 1990 and has served three consecutive two-year terms, and exemplified a leader as she worked with her fellow Council- members on many issues facing Kent. He thanked Councilmember Woods for her service as Council President, and said he considers her one of the best people he has ever had the privilege of working with. He then proclaimed January 17 , 1996 as Judy Woods Day in the City of Kent, and urged all citizens of Kent to join him in thank- ing her for her dedicated service to the citizens of Kent. 2 January 16, 1996 PUBLIC Fire Chief Norm Angelo 25th Anniversary Day. The COMMUNICATIONS Mayor noted that Fire Chief Norm Angelo started his career in January 1971 in the Hayward California Fire Department, and that he put to- gether a bond levy for the construction of three new city fire stations, a training center and the remodel of an existing station in Kent. He stated that Chief Angelo is widely recognized and respected for his work in the field, and pro- claimed January 19, 1996 as Fire Chief Norm Angelo 25th Anniversary Day in the City of Kent and encouraged all citizens to join him in expressing appreciation for Chief Angelo's many years of dedicated service to the well being and safety of Kent's citizens. Chief Angelo thanked his family for their support, as well as the Council, staff and people of Kent. He said there is no better profession than being a firefighter, and expressed his thanks. Jingle Bus Report. Dick Gillisse explained that the Jingle Bus operated between November 24 and December 31, 1995, and that $23,769 was spent on the project. He said primarily the senior citi- zen housing areas, large multifamily complexes and major retail areas in the valley and on East Hill were served. He noted that there were nearly 4800 riders during the five week period, or an average of 133 people a day. He pointed out that there were no accidents or injuries. Gillisse noted that 80% of the riders were senior citizens, who were very appreciative of the service. He recommended continuation of the service, even if on a part-time schedule. Introduction of Mayor's Appointees. The Mayor introduced to Council his appointees as follows: Drinking Driver Task Force - Jim Sawyers and Georgine Isenberg Bicycle Advisory Board - Donna Gregory, Steve Nuss, Gerald Schmidt and Scott Manthey Kent Library Board - Mickie Foster Legislative Update. Arthur Martin, Governmental Affairs Director, stated that during the first week of the Legislative session, over 340 bills were introduced, half of which would have an impact on cities. He added that there are 138 hearings this week in the House and 126 hearings 3 January 16, 1996 PUBLIC in the Senate. He explained that he meets each COMMUNICATIONS week with AWC members from large cities to share information, since no one can attend all of the hearings and that they are currently analyzing the bills and will determine priorities. He said he will keep the Council informed of when hear- ings will be held. Equipment Rental Analysis. Public Works Opera- tions Manager Eddy Chu distributed copies of the Equipment Rental Policy and Procedures Manual, and noted that their mission is to provide a city-wide vehicle and equipment management pro- gram, to provide quality customer service to all city employees, to provide safe and well main- tained vehicles and equipment, and to provide equitable and accountable financial service. He noted that the fleet includes 137 vehicles, 97 pieces of department-assigned special equipment, 26 motor pool vehicles and pieces of equipment, and 30 pieces of motor pool construction equipment. He showed income of $1,869,849 , expenditures of $1,791, 119, and a reserve fund of $2 , 344, 157 . He noted that a rate structure has been developed with rates according to the class of vehicle. He also said they are planning to extend the garage hours to provide a more respon- sive and effective service. He then outlined the ten recommendations which are contained in the Manual. Upon Orris question, Chu explained that averaging the rates would not create a hardship for any departments because the budget already reflects the rate structure which was proposed. Regional Justice Center Update. Capt. Tom Brown stated that the project is moving along quickly and that the structural steel for the courts building is visible now. He said the structural steel topping off ceremony was held the day after Christmas. He noted that the steel rings on the rotunda should be finished this month, the concrete slabs for the parking structure and detention slabs are completed, the pavement and curbing for the road on-site is complete, and the masonry work for the cells and walls in the detention area is in place. He added that the drainage system is working well. He explained that there may be a delay in the schedule of approximately four days due to weather con- ditions. He said that security hardware and 4 January 16, 1996 PUBLIC non-security commercial keying for the project is COMMUNICATIONS being done now. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through H be approved, including a correction to the minutes of December 19, 1995. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the Special Council meeting of December 19, 1995, with a correction to line 2, page 7, changing the 100' figure to 1000' . PUBLIC WORKS (OTHER BUSINESS - ITEM 4D) Green River Natural Resources Enhancement Area Project. The proposed resolution confirms the City's commitment to the construction of the Green River Natural Resources Enhancement Area Project, acknowledges both the size and com- plexity of the project, authorizes a two-step bid and award process that will affirm staff' s ability to prequalify bidders, and directs that the contract be awarded to the lowest, and the most responsive, bidder. w Assistant City Attorney Brubaker noted that this is an extremely large project, and is projected to cost in excess of $9, 000, 000 in construction. He explained that the project poses some unique and significant construction problems, and it takes a uniquely qualified contractor to move this volume of soil in the Green River Valley. He explained that the resolution affirms the City' s commitment to the project, acknowledges the unique challenges posed by the project, directs staff to scrutinize the contractors selected for the project, ratifies a two-step selection process which will allow staff to first prequalify contractors to be sure they are able to do this type of work and then allows those prequalified contractors to bid, and it directs the staff to recommend approval of the contract to the lowest responsible bidder and sets para- meters for making that decision based on good sound business judgement. This will result in the best contractor for the job. 5 January 16, 1996 PUBLIC WORKS CLARK MOVED that Resolution No. 1452 pertaining to the contract bid and award process for the Green River Natural Resources Enhancement Area Project be approved. Woods seconded and the motion carried. BUS SERVICE (OTHER BUSINESS - ITEM 4C) Shuttle Bus Service. The Kent Transit Advisory Board has recommended the adoption of a resolu- tion to support the continuation of the Kent Transit Shuttle Program, formerly known as the Jingle Bus. This service was very popular with downtown and East Hill residents during a five- week period in November and December. Houser noted that Councilmember Bennett, who is not in attendance, has worked on this and is in favor of the resolution. She pointed out that this has not gone through a committee. There were no objections from Council to proceeding with this item, and CLARK MOVED to adopt Resolution No. 1451 directing staff to continue working the Metro staff to develop options for continuing the shuttle bus program. Woods seconded. Clark said this is a beginning step on an east/west transit system. Orr said a transit system has been desired for some time, and is now a necessity. The motion then carried. COMP PLAN (CONSENT CALENDAR - ITEM 3C) Comp Plan Implementation Amendment CPZ-95-2 (Phase II - valley Floor/Nest Hill) . ADOPTION of Ordinance No. 3276 amending the official zoning map of the City of Kent to implement the Land Use Plan Map of the City of Kent's Comprehensive Plan. This was discussed at the Council meeting of December 19 , 1995 . ZONING CODE (CONSENT CALENDAR - ITEM 3D) AMENDMENT Kosnoski Zoning Code Amendment 2CA-95-9. ADOPTION of Ordinance No. 3277 amending Chapter 15.04 . 195A of the Kent City Code by expanding the types of principally permitted uses in the Gateway Commercial (GWC) Zone. This was dis- cussed at the Council meeting of December 19, 1995. 6 January 16, 1996 COUNCIL (CONSENT CALENDAR - ITEM 3H) (ADDED BY COUNCIL PRESIDENT HOUSER) Council Absence. APPROVAL of an excused absence from tonight's meeting for Councilmember Bennett who is unable to attend. APPOINTMENTS (CONSENT CALENDAR - ITEM 3E) Reappointment to Drinking Driver Task Force. CONFIRMATION of the Mayor's reappointment of Jim Sawyers and Georgine Isenberg to continue serving as members of the Drinking Driver Task Force. Their new appointments will continue to 1/1/99 . (CONSENT CALENDAR - ITEM 3F) Reappointment to Bicycle Advisory Board. CONFIRMATION of the Mayor's reappointment of Donna Gregory, Steve Nuss, Gerald Schmidt and Scott Manthey to continue serving as members of the Kent Bicycle Advisory Board. Their terms will continue to 12/31/97 . (CONSENT CALENDAR - ITEM 3G) Reappointment to Kent Library Board. CONFIRMATION of the Mayor's reappointment of Mickie Foster to continue serving as a member of the Kent Library Board. Her new appointment will continue until 1/1/2001. PARKS & (OTHER BUSINESS - ITEM 4A) RECREATION Supplemental Agreement to Existing Lease with Union Pacific Railroad for Skateboard Park. Staff requests that the Mayor be authorized to sign the proposed supplemental agreement to existing lease with the Union Pacific Railroad Company to include the construction and main- tenance of a skateboard park on the railroad property located between Smith and James, north of Uplands Park. WOODS MOVED that the Mayor be authorized to sign the supplemental agreement to existing lease with the Union Pacific Railroad Company to include the construction and main- tenance of a skateboard park on the railroad property located between Smith and James, north of Uplands Park. Houser seconded and the motion carried. 7 January 16, 1996 PARKS & (OTHER BUSINESS - ITEM 4B) RECREATION King County Cultural Resources Grant for Earthworks Parks. Staff requests acceptance of the King County Cultural Resources Grant in the amount of $15, 000 for the purchase of bollards at Earthworks Park. WOODS MOVED to accept the King County Cultural Resources Grant in the amount of $15,000 for the purchase of bollards at Earthworks Park. Orr seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through December 29 and paid on December 29, 1995. Operations Committee can- celled and Council authorized by signing check summary. Approval of checks issued for vouchers: Date Check Numbers Amount 12/29/95 163227-163871 $1,747,544. 65 Approval of checks issued for payroll for December 16 through December 31, 1995 and paid on January 51 1996: Date Check Numbers Amount 1/5/96 Advice 30426-30865 $ 516,461.46 1/5/96 Checks 208456-208768 245 . 068 . 89 $ 761,530.35 REPORTS Council President. Houser noted that the Council Retreat will be held at the East Hill Fire Station at 4: 00 p.m. on Friday, January 19 and at 8: 00 a.m. on Saturday, January 20. Planning Committee. Orr announced that the Plan- ning Committee, acting as the Land Use Planning Board, will hold a public hearing January 30, 1996, at 7 : 00 p.m. to discuss the adoption of the Kent and Federal Way School Districts Compre- hensive Plans and incorporating them into the City,s Comprehensive Plan. She announced that the Land Use Planning Board will also hold a meeting on February 6, 1996, at 4 : 00 p.m. to dis- cuss various issues. She noted that the Planning Committee meeting will be held on February 20 at 4 : 00 p.m. 8 January 16, 1996 REPORTS Parks Committee. Woods announced that the first meeting of the new Parks Committee will most likely be held on Tuesday, February 6th at 5: 00 p.m. and the public will be notified of the time. Administrative Reports. Mayor White noted that he has prepared a draft regarding the Land Use Planning Board for Council to go over before their retreat and said he will work with them on getting this group involved in the process. EXECUTIVE At 8 : 15 p.m. , McFall announced an executive SESSION session of approximately 20 minutes to discuss pending litigation and labor negotiations. The meeting reconvened at 8:45 p.m. JOHNSON MOVED to authorize the Mayor to enter into a three-year labor agreement with the (Labor Firefighters Union Local 1747 effective Agreement) January 1, 1996, and to authorize the appro- priate budget change from the fund balance to cover the cost of the labor contract. Woods seconded and the motion carried. ADJOURNED The meeting adjourned at 8:48 p.m. Brenda Jac e , CMC City Cle Kent City Council Meeting Date February 6. 1996 Category Consent Calendar 1. SUBJECT: DESIGNATION OF AGENT FOR DISASTER RECOVERY 2 . SUMMARY STATEMENT: Adoption of Resolution No. designating the Fire Chief/Emergency Management Director as the City's application agent. In order to be eligible to receive moneys for recent response efforts to the wind storm, an Application Agent must be identified. The common procedure is to have the Emergency Management Director serve that function. Items that are eligible for reimbursement are overtime and uninsured losses to City property. 3 . EXHIBITS: Designation of Applicant' s Agent form 4. RECOMMENDED BY: Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• .ACTION: Council Agenda Item No. 3C DESIGNATION OF APPLICANT'S AGENT RESOLUTION Be it resolved by of (Governing Body) (Public Agency) That (Name) (Title) is hereby authorized to execute for and in behalf of a pu) lic agency established under the laws of the state of Washington. The purpose of this designation is to be the authorized representative for obtaining federal and/or emergency or disaster assistance funds. Passed and approved this day of , 19 (Name) (Title) (Name) (Title) (Name) (Title) (Name) (Title) (Name) (Title) CERTIFICATION duly appointed and (Name) I (Title) of do hereby certify that the above is a true and correct copy (Public Agency) of a resolution passed and approved by the of (Governing Body) (Public Agency) on the day of 19 _ Date: 7-1 (Official Position) (Signature) �O Kent City Council Meeting Date February 6, 1996 Category Consent Calendar 1. SUBJECT: CORRECTIONS FACILITY HEALTH SERVICES CONTRACT 2 . SUMMARY STATEMENT: The Public Safety Committee recommends approval of a three-month extension of the jail health services contract with Seattle-King County Department of Public Health. This extension will allow the City time to identify a new jail health services provider, as Seattle-King County Department of Public Health has served notice that they no longer want to provide this service to the Kent Corrections Facility. 3 . EXHIBITS: Contract extension documents 4 . RECOMMENDED BY: Staff and Public Safety Committee 1/16/96 (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO XX YES 6. EXPENDITURE REQUIRED: $30 000 avRroximately SOURCE OF FUNDS: already budgeted in the General Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3D City of Seattle King County Warman B.Bice,Mayor Gary Loakr.Evrwive Seattle-King County Department of Public Health Alonzo L. Plough, Ph.D., MPH, Director December 22, 1995 Captain Charles E. Miller Kent Jail 220 Fourth Avenue South Kent, Washington Dear Captain Miller: Attached is the proposed contract for health services to be provided Kent Jail by Jail Health Services during the first quarter of 1996. As Nancy Roberts mentioned when she spoke with you, figures are based on current level of scheduled hours and an average of expenses during 1995. Wages have been adjusted upward by 2.5%. No other changes have been made to the basic contract except as noted below. - ' Please pay particular attention to paragraphs I.A.12, 13 and 14. This language addresses the transition concerns from JHS to a successor medical . provider discussed with you in our meeting. No charges will be established for these. In the spirit of good customer service, we hope we can do these things to assist a smooth transition.. Please call me at 296-1082 if you have any questions regarding the provisions of this contract or how the transition from one provider to the next can best be handled. Sincerely, Barbara Hadley Administrator Jail Health Services Attachments CC: Alonzo Plough, Director, SKCDPH (letter only) a:nancy/kentcont.96 110 Prefontaine Plare South.Suite 600 Seattle,Washington 98104-2614 (206)_'96-3611111 V/TDD) "Prmwd on Nn.pdrd Pap,," Contractor: Seattle-King County Department of Public Health Address : 110 Prefontaine Place South Suite 600 Seattle, Washington 98104 Services Provided: Jail Health Services Amount: $29, 085 .12 Duration: January 1, 1996 through March 31, 1996 Liaison, Health Barbara Hadley Department: (206) 296-1082 City of Kent: 220tFourtharles E.Avenue Souther Kent, Washington 98031 CONTRACT FOR SERVICES THIS AGREEMENT, entered into as of the lst day of January, 1996 ,. by the City of Kent, hereinafter referredto as the "City, " and the Seattle-King County Department of Public Health, hereinafter referred to as the "Contractor, " WITNESSETH WHEREAS, the City is undertaking certain activities necessary to meet health needs as they relate to correctional health services; and WHEREAS, the City desires to engage the Contractor to render certain services in connection with such undertaking of the City. NOW, THEREFORE, the parties do mutually agree as follows : I . Scone of Services A. The Contractor' s responsibilities include : 1 . Scheduling A nurse practitioner will be scheduled for up to 16 hours per week and a public health nurse will be scheduled for 25 hours per week. Holidays and leaves of absence will necessitate variation in the scheduling of personnel and ability to recruit appropriate staff may limit ability to provide service . 2 . Sick Call a. A minimum of 20 hours/week of sick call will be available. it will be scheduled Monday through Friday. Clinic hours will be determined by mutual agreement. Sick call consists of diagnostic and treatment services for acute and chronic illness and will be provided by nurse practitioner and public health nurse staff consistent with Section A.1 . contract for Services - January 1, 1994 City of Kent/Seattle-King County Department of Public Health Page 2 b. Treatment of acute or chronic medical conditions will be limited by: • licensure, certification, and training of nurse practitioners and public health nurses . • availability of monitoring, observational and treatment capabilities of qualified staff . • availability of support and consultant resources . C. Laboratory tests ordered by Contractor staff will be provided by the Contractor. 3 . 14-day Health Appraisal a. 14-day health appraisals will be conducted within the loth and 17th day of confinement. b. The 14-day health appraisal will include: • basic medical/health history, • vital signs, • brief physical examination, • TB skin test, • syphilis serology, • review of Contractor-approved Reviewing/Screening form. 4 . Health Receiving Screening a. The Contractor will update, as necessary, the Health Receiving/Screening form. b. The Contractor staff will train officers in use and application of the form. C. The Contractor staff will review all Health Receiving/Screening Forms and recommend appropriate follow-up. 5 . Triage ':C7. a. Contractor staff will review written inmate complaints/requests during normal Monday through Friday clinic hours . b. Corrections staff will collect written inmate complaints/requests during the hours the Contractor staff are not at the correction facility. C. Contractor staff will prioritize complaints/requests and will follow-up as appropriate. 6 . Medical Records a. Contractor staff will maintain the medical records system. b. Contractor staff will maintain a system which protects the confidentiality of health information. C. Corrections staff will ensure the provisions of Section 5 .b above are maintained. Contract for Services - January 1, 1994 City of Kent/Seattle-King County Department of Public Health Page 3 d. Contractor staff, upon notification of corrections staff, will prepare appropriate information on inmates transferred to another correctional facility. e. Contractor is the keeper of the health records . Release of .any confidential health information will be done by the Contractor per the Contractor' s policy and procedures . f. City will pay for clerical staff 2 hours per week to handle medical records . 7 . Policy and Procedure Manual Contractor will maintain a policy and procedure manual for activities and services provided by Contractor staff . 8 . Medications Prescriptions written by Contractor will be supplied in standard pharmacy packing through a pharmacy contract to a maximum Contractor' s responsibility of $810, unless renegotiated by the City and Contractor. This pharmacy contract will be obtained by and for the Contractor. 9 . Medication Administration Contractor staff will administer all jail health-approved medications to the individual inmates when such staff are on site during normal Monday through Friday clinic hours . The City will be responsible for medication distribution at other times . 10 . Dental Services Dental services will be limited to emergency care or pain relief and may be provided at Contractor' s location during normal clinic hours (8 : 00 AM to 4 -30 PM, Monday through Friday) . Two (2) ,.&ours notification by the City is needed to make necessary accommodations . a. Transporting, escort service, and security will be provided by the City. b. Payment for dental services will be in accordance with Section III .B . of this agreement and is separate from the base agreement . C. Due to the disruption of normal clinic activity, any appointment that is more than 15 minutes late will be rescheduled. The City will be charged for any such missed appointment, or a cancellation without at least 24 hours notice, at the rate of a normal examination. 11 . Telephone Consultation Services Contractor staff will provide limited telephone consultation to Corrections staff during periods when the clinic is not scheduled. This service is subject to the following limitations : Contract for Services - January 1, 1994 City of Kent/Seattle-King County Department of Public Health Page 4 a . Contractor staff will be available only at telephone numbers which they will provide . b. Contractor staff will not be on any form of ,standby. " C. Contractor staff availability depends on their voluntary presence at a given telephone site and willingness to participate . d. Contractor staff participation is strictly voluntary at all times . e . The City will be charged for not less than 15 minutes of Contractor staff time for each telephone consultation and in increments of 15 minutes for any time after that for each incident . The charge for service time will be according to personnel costs for labor at the time of consultation in accordance to Washington State Nursing Association-King County contract or King County Personnel rules, whichever applies . This cost will be above and beyond the amount listed in the basic contract . f . Such telephone consultation will be limited to basic medical triage/screening and not be construed as emergency care. Contractor staff will provide advice regarding necessary further action required. g. Contractor staff who receive consulting telephone calls will maintain a log indicating the date, time length of call, and general call content . This log will be reviewed at least quarterly or upon request, with the City of Kent Correctional Facility administrator. h. An itemized list of telephone consultations, including r actual costs, will be submitted by the Contractor to the City of Kent Correctional Facility administrator on a monthly basis . 12 . Complete copies of medical records for all inmates in custody of Kent Jail on March 31, 1996 will be provided to the successor medical provider. The new medical provider will be responsible for creating charts on any newly booked inmates from April-c1, 1996 on. In order to provide a smooth, positive transition, medical records will be faxed or mailed to the new medical provider on request without the need for a medical records release . This service will be provided for an indefinite period of time at no charge, with the assumption that the new medical provider will not request records on every patient seen, but only for those with critical care needs or complicated histories . 13 . Transition training of the successor medical provider will be provided by JHS medical staff at no cost to the Kent Jail . In the interest of providing a smooth, positive transition and optimum care for the inmate, there will be no charge for phone consultation between Jail Health Services and the successor medical provider. 14 . Any medical equipment purchased by Jail Health Services for use at Kent Jail and not paid for by Kent Jail will be returned to Jail Health Services unless other arrangements are made . KWM�� Contract for Services - January 1, 1994 City of Kent/Seattle-King County Department of Public Health Page 5 B. The City' s responsibilities include : 1 . Providing an appropriate examination room, furnishings, telephone, and security for the Contractor' s staff . 2 . Providing for the security of records and maintenance of confidentiality when Contractor staff is not on site . 3 . Providing medical, dental and pharmacy services not specifically provided by the Contractor, and any psychiatric services . 4 . The City' s correctional facility administrator will meet quarterly with the Contractor' s jail health administrator or designee to review the health care delivery system. II . Time of Performance The services of the Contractor are to commence on the 1st day of January, 1996, and terminate on the 31st day of March, 1996 . The duration of the contract may be extended or terminated upon mutual written agreement between the parties hereto and pursuant to the terms and conditions of the agreement . III . Compensation and Method of Payment A. The City agrees to compensate the Contractor in the total amount not to exceed $29, 085 .12 for the period January - March, 1996 . Assumptions are made based on attached program budget. The City shall make payment within 30 days of receipt and approval of invoices (s) . B . The City shall reimburse the Contractor for dental services - see Exhibit B. The City shall make payment within 30 days of receipt and approval of invoice (s) . C. The 1996 contract amount includes indirect overhead charges based on annually established County and Departmental rates . IV. Indemnification The City will protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City, its officers, employees, and/or agents . The City agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by or on behalf of any employees, or agents . For this purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgement, award and/or cost arising therefrom including attorney' s fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the City. XL'MAJL% Contract for Services - January 1, 1994 City of Kent/Seattle-King County Department of Public Health Page 6 The Contractor will protect, defend, indemnify, and save harmless the City, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor, its officers, employees, and/or agents . The Contractor agrees that the obligation to indemnify, defend, and hold harmless the City and its agents and employees under this subparagraph extends to any claim, demand or cause of action brought by or in behalf of any employee of the Contractor, against the City, its officers, agents, or employees and includes any judgement, award, and cost arising therefrom, including attorney' s fees . V. Chanaes Either party may request changes in the scope of services, performing or reporting standards, or budget provided herein. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this agreement, signed by both parties . This contract supersedes all previous contracts or agreements relative to services . VI . Termination The City may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement if, (1) the Contractor fails to provide services called for by this Agreement within the time specified herein, or if, (2) funding becomes no longer ,.., available for the project described herein. Either party to this Agreement may terminate the whole or any part of the Agreement for any reason by providing written notice to the other party thirty (30) days prior to the effective date of termination. XEIMAILN Contract for Services - January 1, 1994 City of Kent/Seattle-King County Department of Public Health Page 7 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first herein written. CITY OF KENT SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH Signature Signature Name Name Title Title ATTEST: ATTEST: City Clerk Department of Executive Administration APPROVED AS TO FORM: King County Prosecuting Attorney Exhibit A CONTRACT ASSUMPTIONS - BASIC SERVICES ,_'c,. 1 . Hourly wages include 1996 COLA, contract adjustments, and fringe benefits 2 . Overhead on basic services will be billed at 1/12 each month 3 . Personnel costs based upon ability to schedule full basic service hours 4 . Supplies to be billed at actuals, services to be billed at 1/12 of basic. Significant variances from contract will be addressed on a quarterly basis (except overhead) CONTRACT ASSUMPTIONS - OPTIONAL SERVICES 1 . All overtime will be requested by authorized Kent Correctional personnel and submitted on signed JHS payroll slips - see attached 2 . Any holiday coverage will be requested by authorized Kent Correctional personnel three weeks in advance of the holiday; request to be made through Nancy Roberts, 296-1090 3 . Hours for call consultation are to be scheduled by authorized Kent Correctional personnel no later than the 15th of the month prior to use of call system; notify Nancy Roberts EAU- . KENT JAIL HEALTH PROGRAM BUDGET 01/01/96 through MT/96 PERSONNEL COSTS NURSE PRACTITIONER @..$40.21/hr 208 hrs � �8.36 368 PUBLIC HEALTH NURSE @$38.08/hr 325 hrs. $12,376.00 ADMINISTRATIVE SPECIALIST I g $18.71/hr 26 hrs. $486.46 INTERMITfANT RN @ $36.61/hr. 4 hrs. $146.44 SUBTOT. L PERSONNEL COSTS $21 ,372.58 SUPPORT COSTS 'OFFICE SUPPLIES $135.00 PHARMACEUTICALS $810.00 MEDICAL SUPPLIES $135.00 LAB SERVICES $135.00 MILEAGE $270.00 CELL PHONE $60.00 SUBTOTAL SUPPORT COSTS $1 ,545.00 TOTAL OF SUPPORT AND PERSONNEL COSTS $22,917.58 -CONTRACT OVERHEAD 15% $3,437.64 -TOTAL CONTRACT BAS IC SERVICES $26,356.22 . . .. ... .......... OPTIONAL SERVICES see contract for details) :a:A '1??} ::}...... is.. i ....: :. : :: ::::} :r :................................ ................... ARNP PHONE GONSULT 1 .6 ($51 .05) 27 hrs. $1 ,378.35 OVERTIME Q 1 . $51 .05 19.6 hrs. $996.48 SUBTOTAL OPTIONAL SERVICES $2,373-83 OVERHEAD @ 15% $356.07 TOTAL OF OPTIONAL SERVICES $2,729.90 TOTAL OF BASIC AND OPTIONAL SERVICES 1 $29,085.12 /Xl� Kent City Council Meeting Date February 6. 1996 Category Consent Calendar 1. SUBJECT: RECYCLING COORDINATOR/EDUCATION - DEPT. OF ECOLOGY AGREEMENT 2 . SUMMARY STATEMENT: The Public Works Committee has recom- mended that the Mayor be authorized to sign the Recycling Coordinator/Education Grant Agreement with the Department of Ecology and that staff be directed to establish a budget in the amount of $57, 596. This agreement specifies the responsibility of the City in working towards the expansion of existing recycling programs as well as the implementation of new waste reduction and recycling programs and education. These programs are administered by the Department of Public Works Conservation Specialist. 3 . EXHIBITS: Public Works minutes, Public Works Director memorandum and grant agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3E Committee recommended that further discussion needs to be heard from both sides. Staff was directed to gather input from the downtown partnership. The item will then w. be brought back to Committee. j� RECYCLING COORDINATOR/EDUCATION - GRANT AGREEMENT Wickstrom explained that we have received a grant from the State Dept of Ecology to help fund the expansion of our recycling program and also funds the Conservation Specialist's salary. We are asking for authorization for the Mayor to sign the grant agreement and establish the budget. Committee unanimously recommended authorizing the Mayor to sign the Grant Agreement and direct staff to accept the grant for the total amount of $57,596 and to establish a budget for same. STATE REVOLVING FUND LOAN AGREEMENT - GARRISON CREEK Wickstrom stated that we had applied to the Dept of Ecology for a loan for our Garrison Creek Detention Pond project which we built last year north of James at the end of 98th Avenue. We had applied earlier and received concurrence that they would fund us retro- actively. The loan amount is $2.1 million with an interest rate of 4.8%. Wickstrom explained that by securing the loan we save money by not selling councilmanic bonds. To sell bonds, there is a financing cost of approximately 3%, in this case it would amount to about $63,000. Committee unanimously recommended authorizing the Mayor to sign the loan agreement and direct staff to accept the loan for the total amount of $2.1 million and to establish a budget for same. . 1-S Discussion: In response to Clark, Wickstrom stated that this is a 20 year loan and noted that the Council approved the three year drainage rate increase for which we anticipated selling councilmanic bonds. He said that this is just substituting a loan for a portion of those bonds. We have already anticipated all this and it saves us $63,000. STREET VACATION - S. 218TH STREET Wickstrom explained that this is a street vacation request whereby the Committee places it on the Council agenda to establish a public hearing date. This is an unopened "paper" street- 218th Street west of East Valley Highway. The road was never built and now we have a petition to vacate. 2 DEPARTMENT OF PUBLIC WORKS JANUARY 24, 1996 TO: Public Works Com in'ttee FROM: Don Wicicstro RE: Recycling Coordinator/Education Dept of Ecology Grant Agreement This Coordinated Prevention Grant Agreement for the year 1996 - 1997 between the Dept of Ecology and the City specifies the responsibility of the City in working towards the expansion of existing programs as well as the implementation of new waste reduction and recycling programs and education. These programs are administered by the Public Works Dept. Conservation Specialist. The grant fund portion is $57,596 with the local share being $38,399. At this time the Public Works Department is requesting authorization for the Mayor to sign the grant agreement and direct staff to establish a budget in the amount of $57,596. ACTION: Authorize the Mayor to sign the Agreement and direct staff to accept the grant for the total amount of $57,596 and to establish a budget for same. Grant No. G9600132 Coordinated Prevention Grant Agreement with the City of Kent STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT This is a binding agreement entered into by and between the state of Washington Department of Ecology, hereinafter referred to as the DEPARTMENT, and the city of Kent, hereinafter referred to as the RECIPIENT,to carry out the activities described herein. RECIPIENT ADDRESS 220 Fourth Avenue South Kent,WA 98032-5838 RECIPIENT REPRESENTATIVE Jim White, Mayor RECIPIENT TELEPHONE NUMBER (206) 859-6573 FAX (206) 859-3559 RECIPIENT PROJECT COORDINATOR Robyn Bartelt DEPARTMENT PROJECT OFFICER Diane Christel, (360) 407-6062 DEPARTMENT FAX (360) 407-7157 REGIONAL DEPARTMENT REPRESENTATIVE Peter Christiansen, (206) 649-7076 FUNDING SOURCE Local Toxics Control Account MAXIMUM ELIGIBLE COST $95,995 STATE GRANT SHARE $57,596 LOCAL SHARE $38,399 STATE MAXIMUM GRANT PERCENT 60% FEDERAL TAX IDENTIFICATION NO. 91-6001254 For the purpose of this agreement, the RECIPIENT will be allowed to match the DEPARTMENT share with cash and interlocal in-kind costs in accordance with pre-application instructions. The effective date of this grant is January 1, 1996. Any work performed prior to the effective date of this agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no later than December 31. 1997. 1 of 8 Grant No. G9600132 Coordinated Prevention Grant Agreement with the City of Kent SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT's goals, activities, budget(s) and schedule(s) and expected outcomes. Recipient Responsibilities: The RECIPIENT is responsible for implementing activities identified in the Solid Waste Management Plan (SWMP), the Moderate Risk Waste Plan (MRWP) or the Hazardous Waste Management Plan (HWMP). 1. PROJECT TASK: (WRRA) RECYCLING COORDINATORIEDUCATION AND PUBLIC INVOLVEMENT Maximum Elieible Cost: $95,995 Schedule: January 1, 1996 to December 31, 1997 SUBTASK 1.1 PROGRAM ADMINISTRATION/RECYCLING COORDINATOR Goal Statement: The goal of the Recycling Coordinator is to work towards expansion of existing programs and implementation of new waste reduction and recycling programs to aid the RECIPIENT in reaching their 65 percent (65%) recycling goal by the year 2000. Subtask Description: The RECIPIENT shall continue to employ a waste reduction and recycling coordinator position who will be responsible for the planning,promoting, implementing, and management of the following waste reduction and recycling programs and activities: • Household collection of primary4ecyclables from all single-family residences. • Household collection of yard waste. • Yard waste disposal options to prevent illegal dumping. • Household textile and appliance collection services and programs. • Non-residential recycling services and programs. • Collection services and programs for secondary recyclables. • Coordination of on-going special collection events for secondary recyclables. 2of8 Grant No. G9600132 Coordinated Prevention Grant Agreement with the City of Kent Expected Outcomes/Imoacts: With expansion of existing programs and development of new programs,the estimated diversion from the waste stream by 1997 is as follows: Single-Family Primary Recyclables 1% Multi-Family Primary Recyclables 2% Secondary Recyclables 2% Yard Waste 3% Non-residential Recycling 2% Special Collection and Clean Up Events 2% The total estimated diversion from the waste stream is an additional 12 percent (12%). SUBTASK 1.2 EDUCATION AND PUBLIC INVOLVEMENT Goal Statement: The goal of this task is to encourage, promote, and increase diversion of recyclables from the waste stream through education and public involvement targeted at business,government, and institutions. Subtask Description: The RECIPIENT shall continue to develop, implement, and/or expand waste reduction and recycling education and public involvement programs. Tasks to be completed include, but are not limited to the following: • Provide ongoing consultations and referrals to residents and businesses. • Coordination with local schools to develop and expand recyclables collection programs. • Community outreach and worksimps. • Development and distribution of recycling brochures and flyers. • Development and distribution of educational materials through a variety of media. • Development of programs for community involvement in waste reduction and recycling. Expected Outcomes/Impacts: Through public involvement and education and involvement related to these activities, the RECIPIENT aspires to divert an additional three percent (3%) from the waste stream by 1997. 3 of 8 Grant No, G9600132 Coordinated Prevention Grant Agreement with the City of Kent CPG BUDGET Project Task Maximum Eligible Cost 1. Recycling Coordinator/Education and Public Involvement (WRRA) $95,995 TOTAL $95,995 FUND SOURCE Total Eligible Cost $95,995 Ftinr I~uad:Share(°/aI X. Mammum ttud Amount Local Toxics Control Account 60% $57,596 (LTCA) a€eat Rectiiresrten MaSsare.("lo) N(at�eh:Amount Cash Match or 40% $38,399 Interlocal Costs ADDITIONAL BUDGET CONDITIONS I. Overhead is eligible;the RECIPIENT may charge 25 percent of the RECIPIENT salaries and benefits applied directly to the project as overhead. 2. Interlocal costs are eligible; other in-kind contributions are not eligible. 3. The fiscal office will monitor expenditures at the task level. A letter amendment is required to redistribute costs among tasks. A fortnafimendment is required to increase state funding. 4. The maximum allowable amount from the LTCA is $57,596. 5. All remaining costs will be paid by cash match and interlocal costs. SPECIAL TERMS AND CONDITIONS A. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to utilize to the maximum extent possible, minority-and women-owned businesses in purchases and contracts initiated after the effective date of this agreement. 4of8 Grant No. G9600132 Coordinated Prevention Grant Agreement with the City of Kent In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT's goals for minority-and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Minority-owned business participation - 10% Women-owned business participation - 6% The RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following steps in any procurement initiated after the effective date of this agreement: 1. Include qualified minority and women's businesses on solicitation lists. 2. Ensure that qualified minority and women's businesses are solicited whenever thev are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this agreement,the RECIPIENT certifies that the above steps were/will be followed. The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1. Name and Federal Tax Identificatiortiiumber of qualified firms receiving funds under the voucher, including any sub and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. B. INTERLOCAL AGREEMENTS If parties other than the RECIPIENT are contributing to the local share of project costs, memoranda of understanding or other written agreements confirming the contribution must be negotiated. These agreements must specify exact work to be accomplished and be signed by all parties contributing to the local match of this project. Copies of these agreements shall be submitted to the DEPARTMENT. 5 of 8 Grant No. G9600132 Coordinated Prevention Grant Agreement with the City of Kent C. PROMOTIONAL AND EDUCATIONAL MATERIALS A copy of all promotional and educational materials developed as part of this grant shall be submitted to the DEPARTMENT concurrent with public distribution. The DEPARTMENT shall have the right to use any printed materials developed as part of this project in any manner the DEPARTMENT deems appropriate. The Washington State Department of Ecology will be acknowledged for providing funding in all published material and oral prgsentations that result from this grant. D. PROCUREMENT AND CONTRACTS 1. The RECIPIENT shall provide written certification that they will follow their standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures will be required to certify that they have complied with the "Standards for Competitive Solicitation," found in the Administrative Requirements for Ecology Grants and Loans, WDOE 91-18 (Revised July 1995). 2. Upon issuance,the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to the DEPARTMENT. 3. Prior to contract execution, the RECIPIENT shall submit a copy of the proposed contract to the DEPARTMENT for review and written comment. Following execution,the RECIPIENT shall submit a copy of the contract to the DEPARTMENT. E. USE OF EXISTING CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify the DEPARTMENT if it used contracts entered into prior to the execution of the grant agreement for performance of grant funded activities. F. ENGINEERING PLANS AND SPECIFICATIONS All engineering plans and specifications submitted for review shall be completed and stamped by an appropriate licensed professional engineer certifying that these design documents will provide for facilities conforming to requirements of the Minimum Functional Standards (Chapter 173-304 WAC), and to all other applicable federal, state, and local requirements, including evidence of SEPA compliance. Before construction may begin, final design of the project must be reviewed and approved by the DEPARTMENT, and all appropriate permits for the facilities obtained. This includes, in the case of Solid Waste Handling Permits,the approval of a new or amended operations plan by the Jurisdictional Health Department and the DEPARTMENT before construction may begin. 6of8 Grant No. G9600132 Coordinated Prevention Grant Agreement with the City of Kent G. SEPA COMPLIANCE To ensure that environmental values are considered by the state and local government officials when making decisions, the RECIPIENT shall comply with the provisions of the State Environmental Policy Act (SEPA), Chapter 41.23C RCW, and the SEPA Rules, Chapter 197-11 WAC. Copies of the SEPA documents shall be sent to the DEPARTMENT's Environmental Review Section,the appropriate regional office, and the Waste Management Grants Section. H. WETLANDS PROTECTION To comply with the directive of Executive Order 90-04, Protection of Wetlands, all local governments are requested and encouraged to make all of their actions consistent with the intent of this executive order; specifically, (1)to avoid,to the extent possible, adverse impacts associated with the destruction or modification of wetlands, and (2)to avoid direct or indirect support of new construction in wetlands wherever there is a practical alternative. I. FAILURE TO COMMENCE WORK In the event the RECIPIENT fails to commence work on the project funded herein within six(6)months after the effective date of this grant,the DEPARTMENT reserves that right to terminate this grant. J. DOCUMENT SUBMITTALS Unless otherwise specified, at least three(3)copies of all documents prepared under this grant agreement shall be submitted by the RECIPIENT to the Project Officer. The Project Officer will forward one(1) copy to the appropriate regional office of the DEPARTMENT. K. PROJECT INCOME Any project income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity U required by the DEPARTMENT'S Administrative Requirements for Ecology Grants and Loans,WDOE 91-18 (Revised July 1995). L. GRANT PROJECT REPORTING Quarterly progress reports shall be prepared by the RECIPIENT and submitted to the Project Officer of the DEPARTMENT. These reports shall include, but not be limited to,the following information: 1. Information at the subtask level as appropriate. 2. Accomplishments for the reporting period. 3. Planned activities and schedule for the upcoming two months. y 7of8 Grant No. G9600132 Coordinated Prevention Grant Agreement with the City of Kent M. ALL WRITINGS CONTAINED HEREIN This agreement, the appended "General Terms and Conditions," and the DEPARTMENT's Administrative Requirements for Ecologv Grants and Loans,WDOE 91-18 (Revised July 1995), contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s)of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made part of this agreement; EXCEPT a letter of amendment will suffice to redistribute the budget without increasing the total eligible project cost or to change the DEPARTMENT's Project Officer or the RECIPIENT's Project Coordinator or to extend the period of performance as set forth in the Grant Agreement. IN WITNESS WHEREOF,the parties hereby execute this Grant: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF KENT Jim Pendowski Date Authorized Signature Date Program Manager Solid Waste and Financial Assistance Print Name of Authorized Official Title Approved as to form only bv Assistant Attorney General_ 8of8 PROCUREMENT CERTIFICATION FORM Recipient C 1 1i 9 zI F KE.n Grant Name Coo"n' Ati 9 tTre Grant No. rT, ? i?) The undersigned, on behalf of the Recipient, certifies that the Recipient: (check and complete one of the following) will follow Recipient's own adopted procurement procedures and applicable state law in procuring grant-related public works contracts, professional and personal services contracts, and purchase agreements. The procurement procedures were adopted date by (adopting authority) and are recorded in (document name). having no applicable, adopted procurement procedures, will follow the Standards for Competitive Solicitation found in the Administrative Reouirements for Ecology Grants and Loans WDOE 91-18 (March 1991) (the 'Yellow Book"), and applicable state laws in procuring grant-related public works contracts, professional and personal services contracts, and purchase agreements. AUTHORIZED SIGNATURE DATE TITLE LEGAL COUNSEL SIGNATURE DATE TITLE Kent City Council Meeting Date February 6. 1996 Category Consent Calendar 1. SUBJECT: STATE REVOLVING FUND LOAN AGREEMENT - GARRISON CREEK 2 . SUMMARY STATEMENT: The Public Works Committee has recom- mended that the Mayor be authorized to sign the Garrison Creek State Revolving Fund Loan Agreement with the Department of Ecology and that staff be directed to establish a budget in the amount of $2 . 1 million. D.O.E. has selected 33 local governments to receive funding for 39 water quality projects under the State Water Pollution Control Revolving Fund. The Garrison Creek 98th Avenue Regional Treatment Pond has been ranked eligible under this program. The City has received concurrence from D.O.E. that they will fund us retroactively. The loan has a 20-year payback with an interest rate of 4.8 percent. 3 . EXHIBITS: Public Works minutes, Public Works memorandum and draft agreement 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• .ACTION• Council Agenda Item No. 3F Committee recommended that further discussion needs to be heard from both sides. Staff was directed to gather input from the downtown partnership. The item will then be brought back to Committee. RECYCLING COO INATOR/EDU ATION - GRANT AGREEMENT Wickstrom explained that we have received a grant from the State Dept of Ecology to help fund the expansion of our recycling program and also funds the Conservation Specialist's salary. We are asking for authorization for the Mayor to sign the grant agreement and establish the budget. Committee unanimously recommended authorizing the Mayor to sign the Grant Agreement and direct staff to accept the grant for the total amount of $57,596 and to establish a budget for same. STATE REVOLVING FUND LOAN AGREEMENT - GARRISON CREEK `V Wickstrom stated that we had applied to the Dept of Ecology for a loan for our Garrison Creek Detention Pond project which we built last year north of James at the end of 98th Avenue. We had applied earlier and received concurrence that they would fund us retro- actively. The loan amount is $2.1 million with an interest rate of 4.8%. Wickstrom explained that by securing the loan we save money by not selling councilmanic bonds. To sell bonds, there is a financing cost of approximately 3%, in this case it would amount to about $63,000. Committee unanimously recommended authorizing the Mayor to sign the loan agreement and direct staff to accept the loan for the total amount of $2.1 million and to establish a budget for same. Discussion: In response to Clark, Wickstrom stated that this is a 20 year loan and noted that the Council approved the three year drainage rate increase for which we anticipated selling councilmanic bonds. He said that this is just substituting a loan for a portion of those bonds. We have already anticipated all this and it saves us $63,000. STREET VACATION - S. 218TH STREET Wickstrom explained that this is a street vacation request whereby the Committee places it on the Council agenda to establish a public hearing date. This is an unopened "paper" street- 218th Street west of East Valley Highway. The road was never built and now we have a petition to vacate. �m 2 DEPARTMENT OF PUBLIC WORKS JANUARY 24, 1996 TO: Public Works Committee FROM: Don Wickstromn RE; SRF (State Revolving Fund) Loan Agreement Garrison Creek The Dept of Ecology has selected 33 local governments to receive approximately $35.3 million in funding for 39 water quality projects under the State Water Pollution Control Revolving Fund (SRF) for the state fiscal year 1996. The City's Garrison Creel-, 98th Avenue Regional Treatment Pond has been ranked eligible under this program for the amount of $2.1 Million. The loan has a 20 year payback with an interest rate of 5.2 percent. We pursued the loan versus a councilmanic bond issue because the interest rate is lower and there are no financing costs. To sell a bond issue, the financing costs are approximately 3% of the issue ($63,000 per this issue). At this time the Public Works Department is requesting authorization for the Mayor to sign the loan agreement and direct staff to establish a budget in the amount of $2.1 Million. ACTION: Authorize the Mayor to sign the Loan Agreement and direct staff to accept the loan for the total amount of $2.1 Million and to establish a budget for same. STATE REVOLVING FUND LOAN AGREEMENT _ BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF RENT THIS is a binding loan agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT" and the City of Kent, hereinafter referred to as the "RECIPIENT. " The purpose of this agreement, hereinafter referred to as this "Agreement, " is to provide funds to the RECIPIENT to carry out the activities described herein. GENERAL INFORMATION PROJECT TITLE: 98th Avenue Regional Treatment Pond LOAN NUMBER: L96 '=t ' RECIPIENT NAME AND ADDRESS: City of Rent 220 Fourth Avenue South Rent, WA 98032 RECIPIENT CONTACT: William Wolinski AND TELEPHONE NUMBER: (206) 859-3078 RECIPIENT FEDERAL ID NUMBER: 91-6001254 DEPARTMENT ADDRESS: Washington State Department of Ecology Water Quality Program P.O. Box 47600 Olympia, WA 98504-7600 DEPARTMENT PROJECT MANAGER Kitty Gillespie AND TELEPHONE NUMBER: (306) 407-6540 DEPARTMENT FINANCIAL MANAGER Rim McKee AND TELEPHONE NUMBER: (360) 407-6566 DEPARTMENT FUNDING SOURCE: State Revolving Fund TOTAL PROJECT COST $ 21119, 619 TOTAL ELIGIBLE PROJECT COST $ 2 . 119, 619 LOAN AMOUNT $ 21119, 619 Subject to all of the terms, provisions, and conditions of this Agreement, and subject to the availability of federal funds, the DEPARTMENT will loan the sum of two million, one hundred nineteen thousand, six hundred nineteen dollars ($2 , 119 , 619) , herein referred to as the Loan Amount, to the RECIPIENT. (The final loan amount may vary according to the terms herein, depending upon disbursements and accrued interest. ) Interest Rate: The interest rate shall be 4 . 8 percent per annum. Term of Loan: The term of the loan shall be 20 years. City of Kent 98th Avenue Regional Treatment Pond Project Loan No. L96 The effective date of this Agreement shall be July 1, 199s . Any work performed prior to the effective date of this Agreement without prior written authorization will be at the sole expense and risk of the RECIPIENT. This Agreement shall remain in effect until the date of final repayment of this loan, unless terminated earlier according to the provisions herein. Any changes, additions, and/or deletions in Scope of Work shall require prior approval by letter from the DEPARTMENT. Scope of Work does not denote eligible components. It is for the purpose of describing the Project to be constructed. TABLE OF CONTENTS Page PART I. PROJECT DESCRIPTION . . . . . . . . . . 3 PART II. PROJECT BUDGET . . . . . . . . . . . 3 PART III . AUTHORITY . . . . . . . . . . . . . . 4 PART IV. REPAYMENT AND SECURITY PLEDGE . . . • • . . 5 • . PART V. RECIPIENT' S COVENANTS AND AGREEMENTS 5 PART VI . PROJECT COMPLETION SCHEDULE . . . . . . . 6 PART VII . DISBURSEMENTS . . . . . . . 7 PART VIII. REPAYMENTS . . . . . . . . . 7 PART IX. LOAN DEFAULT . . . . . . . 9 PART X. SCOPE OF WORK . . . . . . . . . . 9 PART XI. SPECIAL TERMS AND CONDITIONS . . . 12 PART XII . INCORPORATION OF DOCUMENTS . . . 14 PART XIII. ALL WRITINGS CONTAINED HEREIN 15 PART XIV. OPINION OF LEGAL COUNSEL 16 SIGNATURE PAGE . . . . . . . . . . . . . . . 17 ATTACHMENT 1. DEFINITIONS . . . . . . . ATTACHMENT 2 . GENERAL TERMS AND CONDITIONS PERTAINING TO . GRANT AND LOAN AGREEMENTS . . . . . ATTACHMENT 3 . LOAN REPAYMENT SCHEDULE . . . . . . . . . . . Page 2 of 17 City of Kent 98th Avenue Regional Treatment Pond Project Loan No. L96 PART I. PROJECT DESCRIPTION .. This project is designee to improve the water quality of Garrison Creek by reducing streambed erosion and bank erosion due to high water velocities in the stream. There are three specific project goals: 1) The first goal is the reduction of highly erosive flows down Garrison Creek Canyon and the subsequent siltation of Lower Garrison Creek - a viable habitat for native trout in addition to coho salmon. This first goal is addressed by the construction of a standard flow restriction structure and by providing live storage volume through the construction of an off-line, 50 acre- feet storage pond. 2) The second goal is treatment for nonpoint pollution. This goal will be met by providing a presettling basin with provisions for routing partial flows to existing.wetlands. The basin will be designed to reduce suspended solids and to capture floatables and other debris, and by providing a wetpond within the main detention pond which will further reduce turbidity and will remove additional suspended solids and heavy metals. Opportunities for nutrient uptake will also occur through infiltration and vegetation bioaccumulation. 3) The third goal provides for the treatment of the water quality storm event. Utilizing constructed improvements, storm events will be routed to the presettling basin and wetlands. PART II. PROJECT BUDGET Total Eligible Total Project SRF Major Task Elements Project Cost Cost Loan A. Project Management $ -0- $ -0- $B. Surveying $ 43 , 000 $ 43 , 000 $ 43 , 000 C. Construction $1, 750 , 147 $1, 750, 147 $1, 750, 147 D. Construction Management $ 50, 000 $ 50, 000 $ 50, 000 Subtotal $1, 843 , 147 $1, 843 , 147 $1, 843 , 147 Construction Contingency $ 276 , 472 $ 276, 472 $ 276, 472 (15%) Total $2 , 119 , 619 $2 , 119 , 619 $2 , 119 , 619 Page 3 of 17 City of Kent 98th Avenue Regional Treatment Pond Project Loan No. L96 _ Source and Type of Funds for the Project Federal/State/Local SRF Loan (FY96) ( 100%) $2 , 119 , 619 Total 100% $2 , 119 , 619 PART III. AUTHORITY A. This loan is authorized by the RECIPIENT pursuant to Resolution No. , duly adopted by the RECIPIENT on and pursuant to the Constitution and laws of the state of Washington, and laws amendatory thereof and supplemental thereto, and the RECIPIENT ' S authority. B. The RECIPIENT warrants the following: 1. It is a duly formed and legally existing political subdivision of the state of Washington and has full corporate power and authority to execute, deliver, and perform its obligations under this Agreement. 2 . There is no material adverse information relating to the Project or this Agreement known to RECIPIENT, which has not been disclosed . in writing to the DEPARTMENT. 3 . No litigation is now pending or, to the RECIPIENT' S V knowledge, threatened, seeking to restrain or enjoin the execution of this Agreement, or the fixing or collection of the revenues, rates, and charges pledged to pay the principal and interest on the Loan, or in any manner questioning the proceedings and authority under which the Loan is authorized, and neither the corporate existence or boundaries of the RECIPIENT nor the title of the present officers to their respective offices is being contested, and that no authority or proceeding for the execution of this Agreement has been repealed, revoked, or rescinded. 4 . This obligation does not constitute a general obligation debt of the RECIPIENT or the state of Washington. 5 . It has exercised due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and other outstanding obligations pledging the Gross Revenues of the Utility, and that it has not obligated the RECIPIENT to set aside and pay into the Loan Fund a greater amount of the Gross Revenues of the Utility than in its judgement will be available over and above such Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and other obligations of the Utility. Page 4 of 17 City of Kent 98th Avenue Regional Treatment Pond Project Loan No. L96 PART IV. REPAYMENT AND SECURITY PLEDGE A. Nature of RECIPIENT' S obligation. The obligation of the RECIPIENT to make the loan payments from the sources identified herein and to perform and observe the other obligations on its part contained herein shall be absolute and unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. PART V. RECIPIENT' S COVENANTS AND AGREEMENTS A. Acceptance. The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its application, accompanying documents and communications filed in support of its request for a loan. B. Accounts and Records . The RECIPIENT will keep proper and separate accounts and records in which complete and separate entries shall be made of all transactions relating to this Agreement. C. Time of Essence. Time is of the essence and all terms and conditions shall be of the essence of this Agreement. D. Execution in Several Counterparts. This Agreement may be executed in counterparts and each such counterpart shall for all purposes be deemed to be an original , and all such counterparts, or as many of them as the RECIPIENT and the DEPARTMENT shall preserve undestroyed, shall together constitute but one and the same instrument. Except that all proposed amendments to this Agreement must be affirmed in writing by the DEPARTMENT before the amendment shall become part of this Agreement. E. Oral Agreements or Oral Commitments. This Agreement cannot be altered, amended, or discharged by any oral agreement or oral commitment. F. Alteration of Project. During construction and until this Loan is repaid or so long as this Agreement remains in effect, the RECIPIENT shall not materially alter the design or structural character of the Project without the written approval of the DEPARTMENT and shall take no action which would adversely affect the eligibility of the Project as a State Revolving Fund Project under Chapter 173 . 98 WAC or cause a violation of any covenant, condition, or provision herein. G. Sale or Disposal of UtilitP. The RECIPIENT will not , transfer, or otherwise dispose of any of the works, plant, Page 5 of 17 City of Kent - 98th Avenue Regional Treatment Pond Project r- Loan No. L96 properties, facilities, or other part of the Utility or any real or personal property comprising a part of the Utility unless: 1. The facilities or property transferred are not material to the operation of the Utility, or shall have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility or are no longer necessary, material, or useful to the operation of the Utility; or 2 . The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three (3) percent of the total assets of the Utility; or 3 . If the RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this Loan then out- standing (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the Utility from the portion of the Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. The proceeds of any transfer under this subparagraph shall be used (a) to redeem promptly, or irrevocably set aside for the _. redemption of Senior Lien Obligations and to redeem the Loan, and/or (b) to provide for part of the cost of additions to and betterments and extensions of the Utility. H. Maintenance of Insurance. The RECIPIENT will at all times carry fire and extended coverage, public liability and property damage, and such other forms of insurance with responsible insurers and with policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately owned utilities engaged in the operation of like systems, or it will self-insure or will participate in an insurance pool or pools with reserves adequate, in the reasonable judgement of the RECIPIENT, to protect the Utility against loss. PART VI. PROJECT COMPLETION SCHEDULE A. The RECIPIENT agrees to complete the Project in accordance with the following schedule. In the event that the schedule is not complied with, and after a thirty-day (30) grace period, the DEPARTMENT, after due notice to the RECIPIENT, may withdraw the loan and demand any outstanding balance of principal and interest be paid immediately. Any changes to this schedule must be - effected through a formal loan amendment. Page 6 of 17 City of Kent 98th Avenue Regional Treatment Pond Project Loan No. L96 1. Construction Start Date July 1 1995 (Date in Notice to Proceed) 2 . Project Completion Date April 30 , 1996 3 . Initiation of Operation Date Auqust 1 , 1996 4 . Useful Life of the Project. fN/A1 PART VII. DISBURSEMENTS A. certification. Each request by the RECIPIENT for disbursement shall constitute a certification by the RECIPIENT to the effect that all representations made in this Agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the Project or to rep+3y the loan plus accrued interest, have occurred since the date of this Agreement unless specifically disclosed in writing by the RECIPIENT in the request for disbursement. B. Accrued Interest. Interest will begin to accrue on each disbursement from the date that the warrant is mailed to the RECIPIENT. PART VIII. REPAYMENTS A. Final Repayment Schedule. When the project has been fully completed or the Initiation of Operation date has occurred (if appropriate) and if earlier than the Project Completion Date, the DEPARTMENT and RECIPIENT will execute an agreement amendment, which details the final loan amount, and the DEPARTMENT will prepare a final loan repayment schedule. The final loan amount will be the combined total of actual disbursements and all accrued interest, if any. Any eligible costs incurred during the one-year certification period will be included in a revised final loan amount in a subsequent amendment. In the event that a one-year performance certification is required, and additional eligible costs have been incurred, the final repayment schedule may be changed by formal amendment. B. Semiannual Payments. Notwithstanding any other provision of this Agreement, the first semiannual payment of principal and interest due on this loan shall be paid not later than one year after Initiation of Operation, or five years from the first disburse- ment, whichever is earlier. Equal payments shall be due every six months after this first payment due date. A formal amendment is required to change the amount of the semiannual principal and interest payments . The RECIPIENT will continue to make semiannual payments based on the loan agreement Page 7 of 17 City of Kent 98th Avenue Regional Treatment Pond Project Loan No. L96 as amended. Payments are to be mailed to: Department of Ecology Cashiering Section P.O. Box 5128 Lacey, WA 98503-0210 C. Prepayment of Loan. So long as the DEPARTMENT shall hold this Loan, the RECIPIENT may prepay, the entire unpaid principal balance and accrued interest of the Loan, or any portion of the remaining unpaid principal balance of the Loan. Any prepayments of any portion of the unpaid principal balance of the Loan will be applied first to any accrued interest due, and then to the outstanding principal balance. If the RECIPIENT elects to prepay for the entire remaining unpaid balance and accrued interest, the RECIPIENT shall give the DEPARTMENT notice in writing, at least thirty days prior to the prepayment date. D. Late Payments . If any amount of principal and or interest payable to the DEPARTMENT pursuant to this agreement remains unpaid after it becomes due and payable, interest shall accrue at the rate of one (1) percent per month on the amount of such delinquent pay- ments from and after the due date until it is paid in full, and the RECIPIENT hereby agrees to pay such interest; Provided, that no such interest shall be charged to or be payable by the RECIPIENT under this article unless such delinquency continues for more than thirty (30) days. Nothing in this provision affects the DEPARTMENT' S default rights reserved in this agreement. E. Phased or Segmented Projects. If the Project has been phased or segmented, the provisions for repayment shall apply to the completion of the individual phases or segments. F. Proiect Refinancing. If the RECIPIENT refinances this Project or obtains any grant or loan to finance the Project additional to those listed in Section III without the written consent of the DEPARTMENT, the DEPARTMENT may declare a breach of this Agreement and may declare any unpaid loan principal and interest immediately due and payable. In such a case, any grant or loan obtained by the RECIPIENT to finance or refinance the Project shall be used to repay the RECIPIENT' S obligations to the DEPARTMENT under this Agreement unless the DEPARTMENT finds, in its sole discretion, that repayment from the additional grant (s) or loan(s) would not be in the public interest. G. Reserve Fund. For revenue secured loans with terms greater than five (5) years, the RECIPIENT must accumulate a Reserve Fund equivalent to at least the Average Annual Debt Service on the Loan [plus an Emergency Repair and Replacement Fund Reserve Requirement Page 8 of 17 City of Kent - 98th Avenue Regional Treatment Pond Project Loan No. L96 equivalent to one half of the Average Annual Dept Service] , during the first six (6) years of the repayment period of the Loan. These funds shall be deposited in the Reserve Account in approximately equal annual payments commencing within one year after the Initiation of Operation or the Project Completion Date, whichever comes first. PART IX. LOAN DEFAULT A. The RECIPIENT will be in default of its obligations under this agreement when any loan repayment becomes sixty (60) days past due or when any provision of this agreement is not executed in full . B. In the event of a default, inclddirig a declaration of a default by the DEPARTMENT, the DEPARTMENT may cease making further disbursements under this Agreement and may declare the principal and interest on the loan immediately due and payable. In accordance with RCW 90. 50A. 060, in event of default, any state funds otherwise due to the RECIPIENT may be. withheld and applied to the indebtedness. C. In the event of default, any state funds otherwise due to the RECIPIENT may be withheld and applied to the indebtedness. D. The state of Washington reserves the right to take any action it deems necessary to collect the amounts due or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT of this Agreement. E. In any action to enforce the provisions of this Agreement, reasonable fees and expenses of attorneys and other reasonable _ expenses (including without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in RCW 4 . 84 . 330 . PART X. SCOPE OF WORK Task I - -project Administration/Management A. The RECIPIENT shall be responsible for the effective administra- tion and management of this Project. Project administration shall. include, but not be limited to, maintenance of project records, submittal of fiscal forms and payment vouchers, certification of statutory compliance with procurement and interlocal agreement requirements, and attainment of all required permits, licenses, easements, or property rights necessary for the Project. B. The RECIPIENT shall perform project management. These activities shall include, but not be limited to conducting, coordinating, and scheduling of all project activities, quality control, and the " preparation and submittal of required performance items . Page 9 of 17 City of Kent 98th Avenue Regional Treatment Pond Project Loan No. L96 The RECIPIENT shall ensure that every effort will be made to maintain effective communication with the RECIPIENT' s designees, the DEPARTMENT, all affected local, state, or federal juris- dictions, or any interested individuals or groups. The RECIPIENT shall carry out this Project in accordance to the Project Schedule outlined in this Agreement. C. The RECIPIENT certifies by signing this Agreement that all negotiated interlocal agreements necessary for the Project are, or will be, consistent with the terms of this Agreement and Chapter 39 . 34 RCW Interlocal Cooperation Act. The RECIPIENT shall submit a copy of each interlocal agreement to the DEPARTMENT. D. The RECIPIENT certifies by signing..this Agreement that Chapter 39 . 80 RCW Contracts for Architectural and Engineering Services has been met in selecting qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final negotiated agreement and submit a copy of this Agreement to the DEPARTMENT. Required Performance: 1. Effective administration and management of this loan project. 2 . Submittal of all required performance items, progress reports, financial vouchers, and maintenance of all project records. 3 . Completion of all project requirements by April 30, 1997. Task 2 - Surveying and Design A survey will be conducted to identify and mark the location of the detention pond. Required Performance: A survey report showing the layout of the pond will be completed. The earth will be marked to show the locations of pond weirs, outfall and other footings. The report will incorporate previously developed engineering specifications. Task 3 - Construction 3 . 1 The RECIPIENT shall not proceed with any construction related activity until all necessary plans and specifications are approved in writing by the DEPARTMENT. 3 . 2 Change orders that are a significant deviation from the approved plans/specifications must be submitted for DEPARTMENT review and approval, prior to execution. All other change orders must be approved by the DEPARTMENT for technical merit and should be Page 10 of 17 City of Kent _ 98th Avenue Regional Treatment Pond Project Loan No. L96 submitted within 30 days after execution. 3 . 3 The construction budget, reflected in this loan, will be adjusted once actual construction bids are received. 3 . 4 Subject to fund availability, the DEPARTMENT may meet bids up to 110 percent of the construction bid amount shown in the original loan application. The RECIPIENT shall make a formal, written request to the DEPARTMENT for this consideration. The amount of any budget increase will be subject to the ceiling amount per public body established by the DEPARTMENT. Required Performance: A 5 acre-foot detention and treatzeht pond will be constructed at 98th Avenue in the City of Kent. Task 4 - Construction Management 4 . 1 A detailed construction quality assurance plan shall be submitted within 30 days of the date this agreement is signed by the DEPARTMENT. This plan must describe the activities which will be undertaken to achieve adequate and competent performance of all construction work. 4 . 2 A construction schedule shall be submitted to the DEPARTMENT within 30 days of the date this agreement is signed by the DEPARTMENT. The construction schedule shall be revised, and/or updated, whenever major changes occur and at a minimum of every three months. When changes in the construction schedule effect previous cash flow estimates, a revised cash flow projection will be submitted. 4 . 3 An operations and maintenance (O&M) manual shall be prepared in conformance with WAC 173-240-080 "Operation and Maintenance Manual" and the DEPARTMENT' s guidelines and submitted for review and comment at the 50 percent stage of construction. The RECIPIENT shall coordinate the development of the O&M manual with the DEPARTMENT following the initial submittal to ensure that a completed and approved O&M manual by the DEPARTMENT shall exist at the 90 percent stage of construction. The O&M manual shall be updated as necessary following plant start-up to reflect actual operating experience. 4 . 4 At the Initiation of Operation date, as referenced in Part IX of this Agreement, a one-year performance certification period shall be enacted to ensure that water pollution control facilities are constructed and operating properly, as designed, and will be able to continue to operate effectively throughout its design life. At the end of this period, the RECIPIENT will certify to the DEPARTMENT that the Project meets the performance standards. If Page 11 of 17 City of Kent - 98th Avenue Regional Treatment Pond Project Loan No. L96 the standards are not met, a correction action plan will be prepared by the RECIPIENT and submitted to the DEPARTMENT. 4 . 5 Upon completion of construction, the RECIPIENT shall provide the DEPARTMENT with a set of "as-built" plans, in addition to a certification statement, signed by a professional engineer, indicating the Project was completed in accordance with the plans and specifications and major change orders approved by the DEPARTMENT and shown on the "as-built" plans. 4 . 6 Within thirty (30) days after construction of the project is accepted by the RECIPIENT as being complete, the RECIPIENT shall transmit to the DEPARTMENT a "Declaration of Construction of Water Pollution Control Facilities, " as required by Chapter 173-240 WAC Submission of Plans and Reportsl*e Construction of Wastewater Facilities. In addition, the RECIPIENT must document that an operator certified at the appropriate level is on staff. The DEPARTMENT will then schedule a final inspection of the Project. Required Performance: The RECIPIENT will oversee all the activities necessary to construct the detention and treatment pond described herein. PART XI. SPECIAL TERMS AND CONDITIONS 1 . Accounting Standards. The RECIPIENT shall maintain accurate records and accounts for the project (Project Records) in accordance with generally accepted government accounting standards including those contained in the "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions" promulgated by the U. S . General Accounting Office. These Project Records shall be separate and distinct from the RECIPIENT's other records and accounts (General Accounts) . Eligible costs shall be audited annually by an independent, certified accountant and/or state auditor, which may be part of the annual audit of the General Accounts of the RECIPIENT (if the annual audit includes an auditing of this Project) . A copy of such annual audit(s) , including all written comments and recommendations of such accountant, shall be furnished to the DEPARTMENT within 150 days of the close of the fiscal years being so audited. 2 . Debarement and Suspension Standards. The RECIPIENT shall follow the debarment and suspension standards of Title 40 of the Code of Federal Regulations Part 32 . 3 . Minority and Women' s Business Participation. The RECIPIENT agrees _. to utilize to the maximum extent possible, minority-owned and women-owned businesses in purchases and contracts initiated after Page 12 of 17 City of Kent _ 98th Avenue Regional Treatment Pond Project Loan No. L96 the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT' s jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT' S goals for minority- and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Minority-owned business participation - 10 percent Women-owned business participation - 6 percent The RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the fokowing steps in any procurement initiated after the effective date of this Agreement: 1. Include qualified minority and women ' s businesses on solicitation lists. 2 . Ensure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3 . Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women ' s businesses. 4 . Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women' s businesses. 5. Use the services and assistance of the State Office of Minority and Women ' s Business Enterprises (OWMBE) and the Office of Minority Business Enterprises of the U. S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be followed. The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1 . Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub- and/or sub-subcontractors. 2 . The total dollar amount paid to qualified firms under this invoice. 4 . Prevailing Wage. The RECIPIENT shall require all contractors and subcontractors on the Project to pay wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, in compliance with the Davis-Bacon Act (40 U. S. C. , sec. 276a through 276a-7) or state requirements, Page 13 of 17 City of Kent - 98th Avenue Regional Treatment Pond Project Loan No. L96 whichever is more stringent. 5. Procurement and Debarment and Suspension. The RECIPIENT is responsible for procuring professional, personal, and other services using sound business judgement and good administrative procedures. This includes issuance of invitation of bids, requests for proposals, selection of contractors, award of sub- agreements and other related procurement matters. The RECIPIENT shall follow the procurement standards of Title 40 of the Code of Federal Regulations Part 31. 6 . Public Awareness. All public awareness notices, signs, or announcements, related to a project financed in whole or in part by funds related to this Agreement should inform the public of the DEPARTMENT' s involvements an-d;.the involvement of 'the federal government. 7 . Small Business in Rural Areas (SBRAs) . If a contract is awarded by the RECIPIENT under this Agreement, the RECIPIENT is also required to utilize the following affirmative steps: 1. Place SBRAs on solicitation lists; 2 . Make sure the SBRAs are solicited whenever there are potential sources; 3 . Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; 4 . Establish delivery schedules, where requirements of work will permit, which could encourage participation by SBRAs; 5 . Use the services of the Small Business Administration and the Minority Business Development Agency of the U. S. Department of Commerce, as appropriate; and 6 . Require the contractor to comply with the affirmative steps outlined above. The negotiated "Fair Share percentage" for the SBRAs is 5 percent. There is no formal reporting requirement for SBRAs at this time; it is recommended that the RECIPIENT keep records of SBRA participation. PART XII. INCORPORATION OF DOCUMENTS This Agreement incorporates the following documents by attachment and reference: A. Attachments: - 'ATTACHMENT 1 : DEFINITIONS FOR SRF LOAN AGREEMENTS; - ATTACHMENT 2 : GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS; Page 14 of 17 City of Kent _ 98th Avenue Regional Treatment Pond Project Loan No. L96 - ATTACHMENT 3 : ESTIMATED LOAN REPAYMENT SCHEDULE; B. References• 1. DEPARTMENT' S SRF Program Guidelines, revised May 1994 ; 2 . Facilities Plan Approval Letter (where applicable) and any amendments thereto; 3 . Plans and Specifications Approval Letter and any amendments thereto; , 4 . Declaration of Construction of Water Pollution Control Facilities; and 5 . RECIPIENT ' S legislation (Ordinance for cities, towns, and applicable charter counties, Resolution for others) adopting the system or plan, or system or plan of additions and betterments to and extensiorr • bf the Utility (in the case of cities and towns) or comprehensive plan, or comprehensive plan amendment, relating to the Project. C. Amendments. All formal amendments to this agreement, must be properly executed, and signed by the DEPARTMENT. PART XIII. ALL WRITINGS CONTAINED HEREIN This Agreement, including the incorporated documents, contains the entire understanding between the parties, and there are no other understandings or representations other than those set forth or incorporated by reference herein. No subsequent substantive amendment(s) to this Agreement shall be of any force or effect unless made on the DEPARTMENT' s contract amendment form and that form is signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and made part of this Agreement; EXCEPT: A. In relation to change of the DEPARTMENT' S Project Officer or the RECIPIENT' S Contact as set forth on page 1 of this document, either party may make such change by sending a letter to the other, to that effect, without the signature of the other party; B. In relation to insubstantial modifications and changes which will be requested by the RECIPIENT in writing and approved in writing by the Project Officer. Page 15 of 17 City of Kent - 98th Avenue Regional Treatment Pond Project - Loan No. L96 PART XIV. OPINION OF LEGAL COUNSEL By signing this page, the RECIPIENT' s legal counsel is providing an opinion that affirmatively establishes that: A. The RECIPIENT is a duly organized and legally existing [municipal corporation/ political subdivision] under the laws of the state of Washington; B. The RECIPIENT has the power and authority to execute and deliver, and perform its obligations under, the Loan and this Agreement; C. This Agreement has been duly authxl�r'ized and executed, acknowledged where necessary, by RECIPIENT authorized representatives and, to the best knowledge of such Counsel, all other necessary actions have been taken, so that this Agreement is valid, binding, and enforceable upon the RECIPIENT in accordance with its terms, except as such enforcement is affected by bankruptcy, insolvency, moratorium, or other laws affecting creditor ' s rights and principles of equity if equitable remedies are sought; and to such Counsel 's knowledge, this Agreement does not violate any other agreement, statute, court order, or law to which the RECIPIENT is a party or by which it is bound. D. The Loan constitutes a valid obligation of the RECIPIENT payable solely out of the Net Revenues of the [Utility/District] [and ULID Assessments] . Recipient' s Legal Counsel Date Page 16 of 17 City of Kent _ 98th Avenue Regional Treatment Pond Project Loan No. L96 may. In Witness Whereof, the parties execute this Agreement. STATE OF WASHINGTON CITY OF KENT DEPARTMENT OF ECOLOGY MICHAEL T. LLEWELYN DATE JIM WHITE DATE PROGRAM MANAGER MAYOR WATER QUALITY PROGRAM APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL Revised (5/95) y� Page 17 of 17 ATTACHMENT 1 DEFINITIONS FOR SRF LOAN AGREEMENTS Unless the context clearly requires otherwise, these terms shall have the respective meanings set forth for all purposes of this Agreement. "Annual Debt Service" for any calendar year means for any applicable series of bonds or applicable loans, including the Loan, all the interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means at the time of calculation, the sum of the Annual Debt Service for the remaining years to the last scheduled maturity of the Loan divided by the number of those years. "Coverage Requirement" means annual Net Revenue, together with ULID Assessments, at least equal to Annual;i06bt Service on all Senior Lien Obligatiol$ plus Annual Debt Service on the Loan. "Defease" - means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal and interest of all or a portion of an obligation as they come due. "Department" means the state of Washington, Department of Ecology, or any successor agency or department. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit and resources of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues. received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except ULID Assessments, government grants, RECIPIENT taxes, principal proceeds of bonds and other obligations and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund Utility obligations or in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Initiation of Operation" is the actual date the facility begins to operate for its intended purpose. This date may occur prior to final inspection and will be determined by the DEPARTMENT after consultation with the RECIPIENT. This date may be the same or earlier than the date of project completion. For those projects where the Initiation of Operation date is not applicable, use the date of project completion. Page 1 of 3 "Loan" means the State Revolving Fund (SRF) or Centennial Clean Water Fund (CCWF) Loan made pursuant to this Agreement. "Loan Fund" means that special fund of the RECIPIENT created by ordinance or resolution for the payment of the principal of and interest on this Loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties for the transmission, treatment or disposal of sewage but shall not include any depreciation or RECIPIENT levied tares or payments to the RECIPIENT in lieu of taxes . "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Project" means the project described in this Agreement . "Project Completion Date" is the date incorporated into the loan agreement that identifies the date that_the Scope of Work will be fully completed and the date the project wiYl end. The project completion date may be changed to an earlier or later date by a formal amendment that is properly executed and signed by the DEPARTMENT. "Principal and Interest Account" means the account of that name herein created in the Loan Fund with respect to a Revenue Secured Debt to be first used to pay the principal of and interest on the Loan. "Reserve Account" means for a Revenue Secured Debt the account created in the Loan Fund to secure the payment of the principal of and interest on the Loan and any obligations issued on a parity therewith. �.w "Revenue Secured Debt" means an obligation of the RECIPIENT that is secured by the revenue of the Utility and that is not a general obligation of the RECIPIENT. For the purposes of this Agreement, the term Revenue Secured Debt shall apply only if the Project is a sanitary sewer or storm sewer utility and only if the RECIPIENT has created a storm sewer or surface water utility or storm water utility. If the Project provides for a mixture of various activities which include sanitary or storm sewer activities, the Loan shall not be a Revenue Secured Debt. "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this Agreement (or subsequently issued on a parity therewith, or to refund such bonds or obligations) and bonds or issued to other than a governmental entity after the date of execution of this Agreement having a claim or lien on the Gross Revenue of the Utility, subject only to Maintenance and Operation Expense. "Sewer System" or. "water pollution control facilities, " means any facilities or systems for the control , collection, storage, treatment, disposal , or recycling of wastewater; including but not limited to sanitary sewage, stormwater, residential , commercial , industrial , and agricultural wastes . Page 2 of 3 "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account) . ULID Assessments shall include installments thereof and any interest or penalties which may be due thereon. "Utility" means either the water system, the sewer system (which may include a storm sewer or surface water system) , or the combined water and sewer system of the RECIPIENT the Gross Revenues of which are pledged to pay and secure the Loan. Page 3 of 3 ATTACELMENT 2 GENERAL TERMS AND CONDITIONS — Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless specifically authorized in writing by the DEPARTMENT. B. SUBGRANTUXONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING)' Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. _ E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WTI'H ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.I, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS A-N'D INSPECTIONS I. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. _ Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-128 (Audit of State and Local Governments) or OMB Circular A-110 (Uniform Requirements for Grants to Universities,Hospitals and Other Non-Profit Organizations) if the RECIPIENT receives federal funds in excess of$25,000. The RECIPIENT must forward a copy of the.state auditor's audit along with the RECIPIENT response and the final corrective action plan as approved by the SAO to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such ` other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. _ Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within twenty(20) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall be made on a reimbursable basis at least quarterly and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and certified as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Budget deviation. Deviations in budget amounts are not allowed without written amendment(s) to this agreement. Payment requests will be disallowed when the RECIPIENT's request for reimbursement exceeds the State maximum share amount for that element, as described in the Scope of Work. 3.. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. _ 4. Final Reouestfsl for Payment. The RECIPIENT must submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the - end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%)of each reimbursement payment as security for the RECIPIENT's performance and a financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion,such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6., herein. 6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law. 8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION I. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact'amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided; however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section A herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to �, terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a— modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credTshali be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans", Part IV, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the.project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet,the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition,purchase or construction costs of such property. N. RECYCLED/RECYCLABLE PAPER All documents and materials published under this agreement shall be produced on recycled paper containing the highest level of post consumer and recycled content that is available. At a minimum, paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever possible, all materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or hypochlorite. As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of glossy or colored paper and other items which reduce the recyclability of the document. _ O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per arum from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL - The extent and character of all work and services to b�performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute . with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUITS Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the. Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation,partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1• The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each parry shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons r or property arising from the negligent act or omission of that party or that parry's agents or employees arising out of this a.-reement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERA.BnM If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 4/94 O1/26/96 ATTACHMENT 3 CITY OF KENT - Loan Amount: $ 2 , 119 , 619 . 00 Loan Date: 08- 01-1996 Term of Loan: 39 Annual Interest Rate : 4 . 800 0 Amortization Method: Normal, 360 D/Y Interest Compounded: Semi-Annual PMT Due Date Payment Amount Interest Principal Balance - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 08- 01-97 86 , 323. 72 102 , 962 . 61 - 16, 638 . 89 2 , 136 , 257 . 89 - - - - - - - - - - - - - - - - - - - - 1997 totals 86, 323 . 72 102 , 962 . 61 -16, 638 . 89 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 02-01-98 86, 323 . 72 51, 270 . 19 35, 053 .53 2 , 101, 204 .36 3 08- 01-98 86, 323 . 72 50, 428 . 90 35, 894 . 82 2 , 065 , 309 .54 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1998 totals 172 , 647 . 44 _ 101, 699 . 09 70, 948 . 35 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 02- 01-99 86, 323 . 72 49 , 587. 43 36, 756 .29 2 , 028 , 553 . 25 5 08-01-99 86, 323 . 72 48 , 685 .28 37, 638 .44 1, 990 , 914 . 81 - - - - - - - - - - - - - - - - - - - - - - - - - - 1999 totals 172 , 647 . 44 .98, 252 . 71 74 394 . 73 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6 02-01-00 86, 323 . 72 47, 781 .96 38 , 541. 76 1, 952 , 373 . 05 7 08-01-00 86, 323 . 72 46, 856 . 95 39, 466 . 77 1, 912 , 906 .28 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2000 totals 172, 647 .44 94, 638 . 91 78, 008 . 53 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 02-01-01 86 323 . 72 45 , 909 . 75 40, 413 . 97 1, 872 , 492 . 31 9 08-01-01 86, 323 . 72 44, 939 . 82 41, 383 . 90 1, 831, 108 .41 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2001 totals 172 , 647 . 44 90, 849 . 57 81, 797. 87 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 02- 01- 02 86, 323 . 72 43 , 946 . 60 42, 377 . 12 1, 788 , 731.29 11 08-01-02 86, 323 . 72 42 , 929 .55 43 , 394 . 17 1, 745, 337 . 12 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2002 totals 172 , 647. 44 86 876 . 15 85, 771.29 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12 02-01-03 86, 323 . 72 41, 888 . 09 44, 435 . 63 1, 700, 901.49 13 08.01- 03 - - 86, 323. 72 40, 821 . 64 451502 . 08 655 , 399 .41 - - - - - - - - - - - - - - - - - 2003 totals 172 , 647 .44 82 , 709 . 73 89 ; 937 . 71 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14 02-01-04 86, 323 . 72 39 , 729 . 59 46, 594 . 13 1, 608 , 805 .28 15 08-01-04 - - - 86, 323. 72 38 , 611 .33 47 712 .39 1, 561, 092 . 89 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2004 totals 172 , 647 . 44 78 , 340 . 92 94, 306 :52 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 16 02-01-05 86, 323 . 72 37, 466 .23 48 , 857. 49 1, 512 ,235 .40 17 08-01-05 86 , 323. -72 36, 293 . 65 - - -50, 030 . 07 1, 462 , 205 . 33 - - - 2005 totals 172 , 647 .44 73 , 759 . 88 98 , 887.56 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,,, -IS IS AN ESTIMATED REPAYMENT SCHEDULE Page 1 01/26/96 PMT Due Date Payment Amount Interest Principal Balance - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ 18 02- 01-06 86 , 323 . 72 35 , 092 . 93 51 , 230 . 79 1, 410 , 974 4 19 08-01-06 86, 323 . 72 33 , 863 . 39 52 , 460 . 33 1 , 358 , 514 .21 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2006 totals 172 , 647 .44 68 , 956 . 32 103 , 691 . 12 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20 02-01-07 86, 323 . 72 32 , 604 . 34 53 , 719 . 38 1, 304, 794 . 83 21 08-01-07 86 , 323 . 72 31 , 315 . 08 55 , 008 . 64 1, 2.49 , 786 . 19 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2007 totals 172 , 647 . 44 63 , 919 .42 108, 728 . 02 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 22 02 -01-08 86, 323 . 72 29 , 994 . 87 56, 328 . 85 1, 193 , 457 . 34 23 08- 01-08 86 , 323 . 72 28 , 642 . 98 57, 680 . 74 1, 135 , 776 . 60 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2008 totals 172 , 647 . 44 58 , 637 . 85 114 , 009 .59 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 24 02-01- 09 86, 323 . 72 27, 258 . 64 59 , 065 . 08 1 , 076, 711.52 25 08- 01-09 86 , 323 . 72 25, 841 . 08 60 , 482 . 64 1, 016, 228 . 88 2009 totals 172, 647 . 44 53 , 099 . 72 119 , 547 . 72 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 26 02-01-10 86, 323 . 72 24, 389 .49 61, 934'.23 954,294 . 65 27 08-01-10 86, 323 . 72 22 , 903 . 07 63 , 420 . 65 890, 874 . 00 2010 totals 172 , 647 . 44 47, 292 .56, 125 , 354 . 88 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - 28. 02-01-11 86 , 323 . 72 21, 380 . 98 64 , 942 . 74 825 , 931 ^6 29 08-01-11 86 , 323 . 72 19 , 822 . 35 66, 501.37 759 , 429".....9 2011 totals 172 , 647 . 44 41, 203 . 33 131, 444 . 11 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 30 02-01-12 86, 323 . 72 18, 226 .32 68, 097 .40 691, 332 .49 31 08-01-12 86 , 323 . 72 16 , 591 . 98 69 , 731 . 74 621, 600 . 75 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2012 totals 172 , 647 .44 34, 818 . 30 137, 829 . 14 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 32 02-01-13 86, 323 . 72 14, 918 .42 71, 405 . 30 550, 195 .45 33 08-01-13 86 , 323 . 72 13 , 204 . 69 73 , 119 . 03 477, 076 .42 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2013 totals 172 , 647 . 44 28, 123 . 11 144 , 524 .33 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 34 02- 01-14 86 , 323 . 72 11, 449 . 83 74 , 873 . 89 402 , 202 . 53 35 08-01-14 86 , 323 . 72 9 , 652 . 86 76, 670 . 86 325 , 531. 67 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2014 totals 172 , 647 . 44 21, 102 . 69 151, 544 . 75 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 36 02-01-15 86, 323 . 72 7, 812 . 76 78 , 510 . 96 247, 020 .71 37 08-01-15 86 , 323 . 72 5 , 926 . 50 80 , 395 .22 166 , 625 .49 - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - 2015 totals 172 , 647 . 44 13 , 74i .26 158 , 906 . 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 38 02-01-16 86, 323 . 72 3 , 999 . 01 82 , 324 . 71 84 , 300 .78 39 08-01-16 86, 324 . 00 2 , 023 .22 84 , 300 . 78 � W 0 THIS IS AN ESTIMATED REPAYMENT SCHEDULE Page 2 01/26/96 PMT Due Date Payment Amount Interest Principal Balance - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _- - - - - - - - - - - - - - - - - - - - - 2016 totals 172 647 . 72 6, 022 .23 166 , 625 .49 - - - - - - - - - - - - - - - - - - - - - - Grand totals $ 3 , 366, 625 . 36 $ 1, 247, 006 .36 $ 2 , 119 , 619 . 00 tlES IS AN ESTIMATED REPAYMENT SCHEDULE Page 3 Kent City Council Meeting Date February 6 . 1996 Category Consent Calendar 1. SUBJECT: STREET VACATION - S. 218TH STREET - RESOLUTION SETTING HEARING DATE 2 . SUMMARY STATEMENT: The Public Works Department has received a request for street vacation for a portion of S. 218th Street from Gary Volchok. It has been recommended by the Public Works Committee that Resolution No. be adopted setting the hearing date for March 19th for the S. 218th Street Vacation. 3 . EXHIBITS Public Works minutes, Public Works memorandum and resolution 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• .ACTION• Council Agenda Item No. 3G Committee recommended that further discussion needs to be heard from both sides. Staff was directed to gather input from the downtown partnership. The item will then be brought back. to Committee. RECYCLING COORDINATOR/EDUCATION GRANT AGREEMENT Wickstrom explained that we have received a grant from the State Dept of Ecology to help fund the expansion of our recycling program and also funds the Conservation Specialist's salary. We are asking for authorization for the Mayor to sign the grant agreement and establish the budget. Committee unanimously recommended authorizing the Mayor to sign the Grant Agreement and direct staff to accept the grant for the total amount of $57,596 and to establish a budget for same. STATE REVOLVING FUND LOAN AGREEMENT - GARRISON CREED Wickstrom stated that we had applied to the Dept of Ecology for a loan for our Garrison Creek Detention Pond project which we built last year north of James at the end of 98th Avenue. We had applied earlier and received concurrence that they would fund us retro- actively. The loan amount is $2.1 million with an interest rate of 4.8%. Wickstrom explained that by securing the loan we save money by not selling councilmanic bonds. To sell bonds, there is a financing cost of approximately 3%, in this case it would amount to about $63,000. Committee unanimously recommended authorizing the Mayor to sign the loan agreement and direct staff to accept the loan for the total amount of $2.1 million and to establish a budget for same. Discussion: In response to Clark,Wickstrom stated that this is a 20 year loan and noted that the Council approved the three year drainage rate increase for which we anticipated selling councilmanic bonds. He said that this is just substituting a loan for a portion of those bonds. We have already anticipated all this and it saves us $63,000. STREET VACATION - S. 218TH STREET Wickstrom explained that this is a street vacation request whereby the Committee places it on the Council agenda to establish a public hearing date. This is an unopened "paper" street- 218th Street west of East Valley Highway. The road was never built and now we have a petition to vacate. 2 Committee unanimously recommended that the City Attorney be directed to prepare a resolution to set the hearing date for the S. 218th Street Vacation. SEGREGATION LID #330 ASSESSMENT #6 AMENDED Wickstrom said that LID 330 was the 64th Avenue Street Improvement and at Van Doren's Landing, properties have been developed when the properties were assessed under the LID and they are adjusting the property lines to meet the purchasers requirements. They are wanting to segregate that assessment to correspond with the readjusted property line. Committee unanimously recommended adopting a resolution for the segregation of Assessment #6 Amended in LID #330. CITIZEN REQUEST TRAFFIC SIGNALS (212TH &_INTERURBAN TRAIL) Wickstrom explained that the secondary part of the S. 212th HOV project was the installation of a signal on the Interurban Trail to allow cyclists and users of the trail to cross S. 212th in a safe manner. The signal will not be operational until the railroad crossings are updated because they are intertied with pre-exemption, so there is no possibility of cars stacking up behind the signal and on the tracks. Allen McArthur of 14522 SE 198th, Renton relayed his concerns about this signal. He stated that it is very close to the railroad tracks, perhaps three car lengths away. He feels that we should try to expedite the flow of cars and not impede it stating that a traffic light already exists 150 - 200 feet away. He feels that a sign for pedestrians trying to cross 212th could be posted noting"trail detour to traffic light" would not impede traffic flow along 212th. He said installing another traffic will create a number of problems. Wickstrom stated that the signal is pre-empt; when the railroad cross-arm comes down, it turns green for the west bound traffic so there won't be anyone stacking up. We see Interurban as an alternate route to transportation thru the valley to the businesses; it's providing employees a means of using bicycles to get to work, it's a major north/south route and we are trying to tie it to the 277th Corridor up to the top of the hill; we have also identified Canyon Drive as a bicycle corridor. We have built bike lanes on 212th to tie across the valley as part of the 212th project. Wickstrom again noted that we see this as part of the transportation system. One of the elements we are looking at implementing, to meet our concurrency, is to provide all the options available in terms of transportation. He said we are looking at signaling the other roads at 228th &_Smith St in order to make the interurban trail more useful during peak demand times. 3 ._ DEPARTMENT OF PUBLIC WORKS JANUARY 24, 1996 TO: Public Works Co(�mmi tee FROM: Don Wickstrom�J RE: Street Vacation - S. 218th Street We have received a valid petition to vacate a portion of S. 218th Street, west of East Valley Highway. In accordance with State law, a Public Hearing thereon must be held. As such, we recommend adoption of a resolution which sets the Public Hearing date. ACTION: Recommend adoption of Resolution # to set the hearing date for the for the S. 218th Street Vacation. RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, regarding the vacation of South 218th Street lying west of East Valley Highway, in the City of Kent, and setting the public hearing on the proposed street vacation for March 19, 1996. WHEREAS, a petition has been filed by various property owners to vacate South 218th Street, lying west of East Valley Highway, in the City of Kent, King County, Washington- and WHEREAS, these property owners own at least two-thirds of the property abutting that portion of South 218th Street that is now being sought to be vacated; and WHEREAS, the petition is in all respects proper; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A public hearing on the street vacation petition requesting the vacation of South 218th Street shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, March 19, 1996. in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. Section 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by law. 1 Section 3. The Planning director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on March 19, 1996. Passed at a regular meeting of the City Council of the City of Kent, Washington this _ day of , 1996. Concurred in by the Mayor of the City of Kent, this _day of 1996. 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 1996. (SEAL) STVACN99.res BRENDA JACOBER, CITY CLERK 2 ._ CITY OF �nra�ap996 YR l: .t, G1TY OF KE11-1 99 % nr CITY CLERK 6 MAIL To: APPLICANT: Ken tC" Gary Volchok Attof'ne N CITY OF KENT am' Property Management Address: 1420 5th Ave, Ste 1700 220 So. 4th Ave. Kent, WA 98032 Seattle, WA 98101 Attn: _ Terry HcCaughan.- Phone: 292-6130 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Rent City Council: We, the undersigned abutting property owners, hereby respectfully request that certain S 218th hereby be vacated. (General Location) , Legal description (Must Contain Total Square Feet of Area Sought To Be Vacated) That portion of South 218th lying west of East Valley ❑ighway as dedicated within the Plat of Kent Five Acre Tracts. Contains a total of 45,705 square feet. BRIEF STATEMENT WHY VACATION IS BEING SOUGHT No public use needed to service adjacent properties. sufficient proof, copy of deed contract etc. supported by King county Tax Rolls. shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded-map of a scale of not less than 111 - 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT # . SIGNATURES AND ADDRESSES LOT, BLACK & PLAT/SEC. TWN. RG See Attached Sheet See Attached Sheet $150.00 Fee Paid Treaaurer'88 Receipt NO. yF-4 ze-jI.? Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. Deed Accepted Date Trade Accepted Date . - - --- - .... " 5224-33A 220 411%AVE SO., !KENT,WASHINOTON 02032.1895/ENGINEERING J2061859.3283 1 OPERATIONS(2061809.3325 1 FAX 1859.3334 Abutting Property Owners Port of Seattle Tax Lot . . . . 303000-0006 P.O. Box 1209 Plat . . . . . . . . . . . . . . . . . . . Kent Five-acre Tracts Seattle, WA 98111 Lots . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-5-7-9... Attn: Sec. 12 Township 22N Range 4E M.R. Dinsm Executive Dlr+ec:or Mads Mauritsen Tax Lot . . . . . . . . . . . . . . . . . . . . . . . 38000-0014 21703 84th S Plat . . . . . . . . . . . . . . . . . . . Kent Five-acre Tracts Kent, WA 98031 Lot . . . . Lot 3 - E 170' of S 100' less E 12' for street Attn: Sec. 12 Township 22N Range 4E Trillium Corporation Tax Lot . . . . . . . . . . . . . . . . . . . . . . . 38000-0015 w' 1313 Commercial St . . . . . . . . . . . . . . 38000-0030 Bellingham, WA 98225 , Plat . . . . . . . . . . . . . . . . . . . Kent Five-acre Tracts Attn:-�74A U V� -C Lots . . . . . . . . . . . 3-8-10 12 Township 22N Ran 4E I Hytek Finishes Co. Tax Lot . . . . . . . . . . . . . . . . . . . . . . . 38000-0035 8127 S 215th St Plat . . . . . . . . . . . . . . . . . . . Kent Five-acre Tracts Kent, WA 98032 Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Attn: Jug EvaHs Sec. 12 Township 22N Range 4E S:IGLV0LCH0l06MCCAU.\VPD:dd o� 10 IVA 22 B62 n ♦ � 3 \Y c3 t b II 11� 1j - I lI I > h 1 I I = U M I I 11 541 0¢O +••, I 1 ��ccza N I m N WXK I 1 ovi � I I (� 0 V� N O 1 g 1 p, � JO o� �-----L'162----' a N Q o I I > I I = I t CIO - cd N W U aav, Lo 0-0-1N �C r r s r s � ^ � N n •o Z� a, pNpLL r ---_ —• ovi U A Z F O �P �r P YI O m_ o UNPCATTED TRACT'5" — --_ — 015T P - — -- -- -------- NORTHERN .Lt tttlMl�T � l� u � • C � <c I{ N ^ N `� .............. Kent City Council Meeting Date February 6, 1996 Category Consent Calendar 1. SUBJECT: SEGREGATION - LID 330 - ASSESSMENT #6 AMENDED 2 . SUMMARY STATEMENT: The Public Works Committee has recom- mended adoption of Resolution No. authorizing the segregation of Assessment 06 Amended in LID 330 to accommodate the sale of property. This segregated property will be paying its designated share of the LID assessment. 3 . EXHIBITS: Public Works minutes, Public Works memorandum, vicinity map and resolution 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3H Committee unanimously recommended that the City Attorney be directed to prepare a resolution to set the hearing date for the S. 218th Street Vacation. SEGREGATION LID #330 ASSESSMENT #6 AMENDED Wickstrom said that LID 330 was the 64th Avenue Street Improvement and at Van Doren's Landing, properties have been developed when the properties were assessed under the LID and they are adjusting the property lines to meet the purchasers requirements. They are wanting to segregate that assessment to correspond with the readjusted property line. Committee unanimously recommended adopting a resolution for the segregation of Assessment #6 Amended in LID #330. CITIZEN REQUEST TRAFFIC SIGNALS (212TH &INTERURBAN TRAIL) Wickstrom explained that the secondary part of the S. 212th HOV project was the installation of a signal on the Interurban Trail to allow cyclists and users of the trail to cross S. 212th in a safe manner. The signal will not be operational until the railroad crossings are updated because they are intertied with pre-exemption, so there is no possibility of cars stacking up behind the signal and on the tracks. Allen McArthur of 14522 SE 198th, Renton relayed his concerns about this signal. He stated that it is very close to the railroad tracks, perhaps three car lengths away. He feels that we should try to expedite the flow of cars and not impede it stating that a traffic light already exists 150 - 200 feet away. He feels that a sign for pedestrians trying to cross 212th could be posted noting"trail detour to traffic light" would not impede traffic flow along 212th. He said installing another traffic will create a number of problems. Wickstrom stated that the signal is pre-empt; when the railroad cross-arm comes down, it turns green for the west bound traffic so there won't be anyone stacking up. We see Interurban as an alternate route to transportation thru the valley to the businesses; it's providing employees a means of using bicycles to get to work; it's a major north/south route and we are trying to tie it to the 277th Corridor up to the top of the hill; we have also identified Canyon Drive as a bicycle corridor. We have built bike lanes on 212th to tie across the valley as part of the 212th project. Wickstrom again noted that we see this as part of the transportation system. One of the elements we are looking at implementing, to meet our concurrency, is to provide all the options available in terms of transportation. He said we are looking at signaling the other roads at 228th &Smith St in order to make the interurban trail more useful during peak demand times. 3 aW DEPARTMENT OF PUBLIC WORKS JANUARY 24, 1996 TO: Public Works Committee FROM: Don Wickstrom D{V RE: Segregation - LID #330 Assessment #6 Amended The Public Works Department has received a request from Dan Ivanoff of Birtcher Frank Properties to segregate Assessment #6 Amended in LID 330 (64th Avenue Street Improvements from James to S. 212th Street). This segregation is requested to accommodate the sale of property. The segregated parcel Nvill be paying its equal share of the assessment. ACTION: Recommend Council adopt Resolution # for the segregation of Assessment #6 Amended, in LID 330. - y Y, I ORRICN r- ' 1 - 1 SCHOOL Nrw�Y _ •, I 6CNOOL i I O'BP,I[M1 I � N ST 6,216111. ST. Q I 1 I'\ IO ]- 230TN ST � � r g a lI I r SQL iln lion ]d 1 1 1 1 12 l li I I: 15 14 14 13 I 5226 TH AVE. I w In > „ sznrR oL a W W N > ~ < I Q a c0 .... .. I I 22" IT I LID 330 PROJECT LOCATION < N z \ BI, 1976 POP 11 = < 167 II O 1983 POP {I 1990 POP S. 234TH Jd z I1 c I ST o} I♦ N TNEELY- I z ELEM. I COLT ITS c z G G CLOUDY 31 X GREEN RIV eso 3 23ITH ] W LOU IT IT ER e , I 7 v Z �14 JAMES I ST 14113 ✓ z c 2 a . . .. u � IT 23 *r D! I KENT S.A 11\y111 LIB • ^.1'^•'•'' M IT < AMMONS> - > >PARK v V i W SMITH ST Z W SMITH ]T ^ q Z p W HARRISO IT 1 ,v.z W HARRISOH ST `14 .•-T,1.1 Z �'W' MEEKER ST Z I 246TH ST 2 6 > Z 1• E,y 2— � W > GOWE ST .} E pOvo ' PLUS yyZ�I 61. 1: m KFNT T,+w. I I ,,,,..✓ ,NCS INTCHC ELU" �S JO 161 - TITU IT \ fH1 O r W r y 316 = ^ ~^^ W ^ • SAAR i ]T Colony Carle \ <; 4 WILL Sr ^ S Golf Course - „ RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, directing the Finance Director to segregate assessment number 6 levied under L.I.D. 330. WHEREAS, on May 15, 1990, the City established assessment number 6 of Local Improvement District 330 ("LID 330") in the amount of$869,339.42; WHEREAS, Birtcher Frank Properties, the owner of record of the property affected by assessment number 6, previously requested and obtained segregations of portions of the property subject to assessment number 6, creating thereby a revised assessment number 6 together with new assessment numbers 6-1 through 6-12; and WHEREAS, Birtcher Frank Properties has requested segregation of an additional parcel from the property subject to assessment number 6, which shall be designated assessment number 6-13, and which property is described in the LID segregation application certificate filed by Birtcher Frank Properties, attached hereto as Exhibit A; and WHEREAS, the application is in all respects proper; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: 1 Section 1. The original tract of assessment number 6 of LID 330, which is legally described in the LID segregation application certificate filed by Birtcher Frank Properties, attached hereto as Exhibit A and incorporated herein by this reference (indicated as "Exhibit A" on the application certificate), shall have one parcel segregated from the original assessment tract, in accordance with the application of Birtcher Frank Properties. Section 2. The legal description of the segregated parcel is described in the attached LID segregation application certificates filed by Birtcher Frank Properties (indicated as "Exhibit B" on the application certificate). Section 3. The legal description of the remainder of the tract of assessment number 6 is described in the attached LID segregation application certificates filed by Birtcher Frank Properties (indicated as "Exhibit C" on the application certificate). Section 4. The new assessment amount for the newly segregated tract that will be subject to assessment 6-13 shall be $100,177.01; the new assessment amount for the remainder of the property subject to assessment number 6 shall be equal to the amount remaining due under the original assessment number 6 less the assessment amounts now attributed to the tracts subject to the newly and previously formed assessment numbers 6-1 through 6-13. Section 5. The City Clerk shall deliver a certified copy of this resolution to the Finance Director who shall proceed with the segregation upon being tendered a fee of ten dollars for each tract of land for which segregation is to be made together with payment to the City for its reasonable engineering and clerical costs, as determined by the City's Public Works Department, that were incurred in making this segregation. Section 6. The Finance Director is hereby authorized and directed to segregate assessment number 6 of LID 330 according to the terms stated herein. 2 Passed at a regular meeting of the City Council of the city of Kent. Washington this day of , 1996. Concurred in by the Mayor of the City of Kent, Washington, this_day of 1996. 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 11996. (SEAL) BRENDA JACOBER, CITY CLERK SEGASS99.330 3 CITY OF KENT L.I.D. SEGREGATION CERTIFICATE Requested y: D to :\ ;i `�Loca Imp. District No. > - DAN IVANOFF r /� ° `°p JAN I ". 1996 ASSESSMENT No. �o AM4WED rlI i (-IF ;;Fil-i Owner & Address ORIGINAL DESCRIPTION Original Amount $ 811' TMHER ppot NK PRoPr; 22613 6an' YE. S. REFER ?b Er,H1131T "A" A7TACHl�o X&jr, u/A. 98a32 if more s ace needed attach description and refer to Exhibit "A" Owner & Address NEW DESCRIPTION New Assessment No. 6I—1 3 New Assessment Amt. /CD /:-7,n/ SAME REFr:K To E_xtfu3tr "B"' ATTACHED NEW AssE.sSMENT 1ocINT /S : /00, 77, O $20.00 Minimum Fee Received Recei if more space needed attach description and refer to Exhibit "B" Owner & Address REM4INDER DESCRIPTION Rem. Assessment. No. Rem. Original Amt.$ SAME PEFEiq Tb EXHIBIT 'C• A7mcHED if more space needed attach description and refer to Exhibit "C" per rs a hour = Copy forwarded to City Treasurer and Applicant this day of 19 less $20.00 fee Total Due Approved by Resolution # , Total Paid roper y Manager Receipt Y The undersigned hereby accepts above terns and conditions and certifies to the correctness herein, (Signature must be same as on application) . ' SIGNED: iClo eT�/.,cs •, wner an or AurEnorizea Signature EXHIBIT "A" LID 330• Assessment Parcel #6 (amended) THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,TOWNSHIP 22 NORTH,RANGE 4 EAST,W.M. IN KING COUNTY,WASHINGTON. LYING SOUTH OF THE CENTERLINE OF SOUTH 228TH STREET(TAYLOR ROAD)AS DESCRIBED WITHIN DEED RECORDED UNDER KING COUNTY AUDITOR'S FILE NUMBER 8112180808. AND,THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH,RANGE 4 EAST,W.M., IN KING COUNTY,WASHINGTON, AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER(SE 1/4 NE 1/4) OF SECTION 14,TOWNSHIP 22 NORTH, RANGE 4 EAST,WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, LYING SOUTH OF THE SOUTH LINE OF SOUTH 228TH STREET(TAYLOR ROAD); EXCEPT THE NORTH 229 FEET OF THE EAST 224 FEET OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF SAID SECTION 14; EXCEPT THE EAST 30 FEET OF THE TOTAL TRACT DESCRIBED ABOVE CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO.602278; EXCEPT THAT PORTION THEREOF CONDEMNED FOR DRAINAGE DITCH RIGHT-OF-WAY IN KING COUNTY SUPERIOR COURT CAUSE NO.32912; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY DRAINAGE DISTRICT NO. 1 BY DEED RECORDED UNDER RECORDING NO.4806961; EXCEPT THAT PORTION CONVEYED TO STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO.6515085; EXCEPT THAT PORTION OF SAID TRACT CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 8808260233, 9005080831, 9005080832, RECORDS OF KING COUNTY,WASHINGTON: AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: A PORTION OF LOT 4, BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00°51'56" WEST 164.98 FEET ALONG THE WEST LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°07'36" EAST 334.21 FEET; THENCE SOUTH 00051'56"WEST 270.02 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89007'36"WEST 284.22 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 78.53 FEET ALONG SAID CURVE AND SOUTH LINE THROUGH A CENTRAL ANGLE OF 89059'32"TO SAID WEST LINE OF LOT 4; THENCE NORTH 00051'56" EAST 220.03 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. ALSO, LOT 5, BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY, WASHINGTON, EXCEPT THAT PORTION OF SAID LOT 5 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5,THENCE NORTH 89007'36 WEST 186.49 FEET ALONG THE SOUTH LINE THEREOF; THENCE NORTH 00052'24" EAST 39.80 FEET; THENCE SOUTH 89007'36" EAST 186.49 FEET TO THE EAST LINE OF SAID LOT 5; THENCE SOUTH 00052'24"WEST 39.80 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. ALSO,THAT PORTION OF LOT 4,BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00051'56"WEST 164.98 FEET ALONG THE WEST LINE THEREOF; THENCE SOUTH 89007'36" EAST 334.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00051'56"WEST 270.02 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 89007'36" EAST 20.78 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 380,00 FEET; THENCE EASTERLY 126.01 FEET ALONG SAID CURVE AND SOUTH LINE THROUGH A CENTRAL ANGLE OF 19000'00"TO THE EAST LINE OF SAID LOT 4; THENCE ALONG SAID EAST LINE THE FOLLOWING THREE COURSES: THENCE NORTH 19052'24" EAST 93.88 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 300.44 FEET; THENCE NORTHERLY 99.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°00'00"; THENCE NORTH 00052'24" EAST 97.87 FEET TO THE SOUTH LINE OF LOT 1 IN SAID BLOCK 1; THENCE NORTH 87015'04"WEST 191.57 FEET TO THE TRUE POINT OF BEGINNING; ALSO,THAT PORTION OF LOT 6, SAID BLOCK 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 6,THENCE NORTH 89007'36"WEST 186.49 FEET ALONG THE NORTH LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00052'24" EAST 84.18 FEET TO THE NORTHEASTERLY PROLONGATION OF A LINE RADIAL TO THE WESTERLY LINE OF SAID LOT 6 WHICH BEARS NORTH 71006'52"EAST; THENCE SOUTH 71°06'52"WEST 92.00 FEET ALONG SAID PROLONGATION TO SAID WESTERLY LINE AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 380.00 FEET; THENCE NORTHWESTERLY 133.58 FEET ALONG SAID CURVE AND WESTERLY LINE TO THE NORTH LINE OF SAID LOT 6; THENCE SOUTH 89007'36" EAST 152.69 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING; ALSO THOSE PORTIONS OF LOTS 3 AND 4,BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS,PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00°51'56"WEST 164.98 FEET ALONG THE WEST LINE THEREOF;THENCE SOUTH 89007'36"EAST 334.21 FEET; THENCE NORTH 00052'24" EAST 229.99 FEET; THENCE NORTH 89007'36"WEST 334.24 FEET TO THE WEST LINE OF SAID LOT 3; THENCE SOUTH 00051'56"WEST 65.01 FEET ALONG LAST SAID WEST LINE TO THE POINT OF BEGINNING. ALSO,LOT K OF CITY OF KENT LOT LINE ADJUSTMENT NO.93-8, RECORDED UNDER KING COUNTY RECORDING NO.9408171008, KING COUNTY,WA. ALSO,THOSE PORTIONS OF LOTS 1,2,3,4,AND 5 BLOCK 2,VAN DOREN'S LANDING, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID BLOCK 2 AND THE EAST MARGIN OF 64TH AVENUE SOUTH,AS SAID AVENUE IS SHOWN AND SO DESIGNATED ON SAID PLAT;THENCE NORTH 000 52'24" EAST 559.00 FEET ALONG SAID EAST MARGIN; THENCE SOUTH 890 07'36"EAST 368.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00 °52'24"WEST 435.26 FEET;THENCE SOUTH 890 07'36" EAST 100.00 FEET; THENCE SOUTH 000 52'24"WEST 331.12 FEET TO THE NORTHERLY LINE OF DRAINAGE DISTRICT RIGHT-OF-WAY CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO.32912; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING THREE COURSES: THENCE NORTH 360 12'57" EAST 164.62 FEET; THENCE SOUTH 89' 02' 03" EAST 323.72 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1;THENCE CONTINUING SOUTH 89°02'03" EAST 33.79 FEET;THENCE NORTH 00'52'24" EAST 259.59 FEET;THENCE SOUTH 89°07'36" EAST 35.00 FEET;THENCE NORTH 00'52'24" EAST 26.47 FEET;THENCE NORTH 14'03' 18" EAST 55.00 FEET ALONG A RADIAL LINE TO THE SOUTHWESTERLY MARGIN OF LANDING WAY AS SAID WAY IS SHOWN AND SO DESIGNATED ON SAID PLAT AND THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 380.00 FEET;THENCE NORTHWESTERLY AND NORTHERLY 442.07 FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 660 39'17"TO A RADIAL LINE OF SAID CURVE WHICH BEARS SOUTH 80°42'35"WEST;THENCE SOUTH 80'42' 35"WEST 56.00 FEET ALONG SAID RADIAL LINE;THENCE NORTH 89°07'36"WEST 257.77 FEET TO THE TRUE POINT OF BEGINNING; ALSO,THOSE PORTIONS OF LOTS 3,4, 5 AND 6, BLOCK 2,VAN DOREN'S LANDING, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID BLOCK 2 AND THE EAST MARGIN OF 64TH AVENUE SOUTH, AS SAID AVENUE IS SHOWN AND SO DESIGNATED ON SAID PLAT; THENCE NORTH 000 52'24" EAST 559.00 FEET ALONG SAID EAST MARGIN;THENCE SOUTH 890 07'36" EAST 368.00 FEET;THENCE SOUTH 000 52'24"WEST 435.26 FEET; THENCE SOUTH 890 07'36" EAST 100.00 FEET; THENCE SOUTH 000 52' 24"WEST 331.12 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 3; THENCE SOUTH 360 12'57"WEST 151.38 FEET ALONG SAID SOUTHEASTERLY LINE TO THE SOUTH LINE OF SAID LOT 3;THENCE NORTH 890 02'03" WEST 372.78 FEET ALONG SAID SOUTH LINE TO SAID EAST MARGIN OF 64TH AVENUE SOUTH; THENCE NORTH 000 27' 19"WEST 330.36 FEET ALONG SAID EAST MARGIN TO THE POINT OF BEGINNING. ALSO, LOT I OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO. 9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO. 9205201188. ALSO,LOT B, OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL 94-21 AS RECORDED UNDER KING COUNTY RECORDING NO. 9408171007, LYING WITHIN THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M. ALSO, LOT 7,BLOCK 1,OF THE PLAT OF VAN DOREN'S LANDING AS RECORDED IN VOLUME 158, PAGES 71 THROUGH 75. ALSO, LOT 8, BLOCK 1,VAN DOREN'S LANDING ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS,PAGES 71 THROUGH 75, RECORDS OF KING COUNTY, WASHINGTON. ALSO, LOT E OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO.9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO. 9205201188,WASHINGTON. ALSO, LOT F OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO.9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO. 9205201188,WASHINGTON. ALSO,THOSE PORTIONS OF LOTS 2, 3 AND 4, BLOCK 3,AND LOTS 1 AND 2, BLOCK 4,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS,PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON,AND OF LANDING WAY ABUTTING THEREON,VACATED BY CITY OF KENT ORDINANCE NO.3201, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 3,THENCE SOUTH 89004'24" EAST 590.81 FEET ALONG THE SOUTH LINE THEREOF; THENCE PARALLEL WITH THE EAST LINE OF SAID BLOCK 3, NORTH 00051'56" EAST 829.38 FEET; THENCE NORTH 27006'48"WEST 53.00 FEET TO THE SOUTHEASTERLY MARGIN OF SOUTH 228TH STREET; THENCE SOUTH 62053'12"WEST 640.71 FEET ALONG SAID SOUTHEASTERLY MARGIN TO THE WEST LINE OF SAID BLOCK 3; THENCE SOUTH 00052'39"WEST 574.97 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. ALSO,THOSE PORTIONS OF LOTS 1 AND 2, BLOCK 3,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, ,RECORDS OF KING COUNTY,WASHINGTON,AND OF LANDING WAY ABUTTING THEREON, VACATED BY CITY OF KENT ORDINANCE NO.3201, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 3,THENCE SOUTH 890 04'24" EAST 590.81 FEET ALONG THE SOUTH LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE EAST LINE OF SAID BLOCK 3, NORTH 00051'56"EAST 401.21 FEET; THENCE SOUTH 89008'04" EAST 586.21 FEET TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00051'56"WEST 401.84 FEET ALONG SAID PROLONGATION AND EAST LINE TO SAID SOUTH LINE OF BLOCK 3; THENCE NORTH 89004'24"WEST 586.21 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING. ALSO, LOT 1,BLOCK 2,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON; EXC PT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1:THENCE SOUTH 89°02'03" EAST 33.79 FEET ALONG THE SOUTH LINE THEREOF;THENCE NORTH 000 52'09" EAST 259.61 FEET; THENCE SOUTH 890 07'36" EAST 35.00 FEET;THENCE NORTH 00°52'24" EAST 26.47 FEET; THENCE NORTH 140 03' 18" EAST 55.00 FEET ALONG A RADIAL LINE TO THE SOUTHWESTERLY MARGIN OF LANDING WAY AS SAID WAY IS SHOWN AND SO DESIGNATED ON SAID PLAT AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 380.00 FEET;THENCE NORTHWESTERLY 86.58 FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 130 03' 18"TO THE WEST LINE OF SAID LOT 1;THENCE SOUTH 00°52'24"WEST 368.71 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. EXHIBIT "B" LID 330- Proposed Assessment Parcei #6-13 THAT PORTION OF BLOCK 4,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 0=PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 3, SAID PLAT,THENCE SOUTH 89004'24" EAST 590.81 FEET ALONG THE SOUTH LINE THEREOF; THENCE PARALLEL WITH THE EAST LINE OF SAID BLOCK 3, NORTH 00051'56" EAST 401.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00051'56" EAST 428.17 FEET; THENCE NORTH 27006'48"WEST 53.00 FEET TO THE SOUTHEASTERLY MARGIN OF SOUTH 228TH STREET; THENCE NORTH 62053'12"EAST 691.95 FEET ALONG SAID SOUTHEASTERLY MARGIN TO THE WEST LINE OF TRACT A,SAID BLOCK 4; THENCE SOUTH 00051'56"WEST 799.61 FEET ALONG SAID WEST LINE AND ITS SOUTHERLY PROLONGATION TO THE POINT WHICH BEARS SOUTH 89008'04" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89008'04"WEST 586.21 FEET TO THE TRUE POINT OF BEGINNING. THE PARCEL DESCRIBED ABOVE CONTAINS 378,208 SQUARE FEET(8.68 ACRES), MORE OR LESS. With respect to the LID 330 segregation only, the parcel described above contains a net area of 373,428 square feet(8.57 acres)more of less. SITUATE IN THE CITY OF KENT, KING COUNTY,WASHINGTON. EXHIBIT "C" LID 330 Remainder Description-Assessment Parcel N6 THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M. IN KING COUNTY,WASHINGTON, LYING SOUTH OF THE CENTERLINE OF SOUTH 228TH STREET(TAYLOR ROAD)AS DESCRIBED WITHIN DEED RECORDED UNDER KING COUNTY AUDITOR'S FILE NUMBER 8112180808. AND,THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 22 NORTH,RANGE 4 EAST,W.M., IN KING COUNTY,WASHINGTON, AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE 1/4 NE 1/4)OF SECTION 14, TOWNSHIP 22 NORTH,RANGE 4 EAST,WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING SOUTH OF THE SOUTH LINE OF SOUTH 228TH STREET(TAYLOR ROAD); EXCEPT THE NORTH 229 FEET OF THE EAST 224 FEET OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF SAID SECTION 14; EXCEPT THE EAST 30 FEET OF THE TOTAL TRACT DESCRIBED ABOVE CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 602278; EXCEPT THAT PORTION THEREOF CONDEMNED FOR DRAINAGE DITCH RIGHT-OF-WAY IN KING COUNTY SUPERIOR COURT CAUSE NO.32912; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY DRAINAGE DISTRICT NO. 1 BY DEED RECORDED UNDER RECORDING NO.4806961; ,. EXCEPT THAT PORTION CONVEYED TO STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO.6515085; EXCEPT THAT PORTION OF SAID TRACT CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 8808260233, 9005080831, 9005080832, RECORDS OF KING COUNTY,WASHINGTON: AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: A PORTION OF LOT 4,BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS,PAGES 71 THROUGH 75, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00051,56"WEST 164.98 FEET ALONG THE WEST LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89007'36" EAST 334.21 FEET; THENCE SOUTH 00°51'56"WEST 270.02 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89007'36"WEST 284.22 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50.00 FEET; THENCE WESTERLY,NORTHWESTERLY AND NORTHERLY 78.53 FEET ALONG SAID CURVE AND SOUTH LINE THROUGH A CENTRAL ANGLE OF 89059'32"TO SAID WEST LINE OF LOT 4; THENCE NORTH 00051'56" EAST 220.03 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. ALSO,LOT 5, BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY, WASHINGTON, EXCEPT THAT PORTION OF SAID LOT 5 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5,THENCE NORTH 89°07'36"WEST 186.49 FEET ALONG THE SOUTH LINE THEREOF; THENCE NORTH 00052'24" EAST 39.80 FEET; THENCE SOUTH 89007'36" EAST 186.49 FEET TO THE EAST LINE OF SAID LOT 5; THENCE SOUTH 00052'24"WEST 39.80 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. ALSO,THAT PORTION OF LOT 4,BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: Wu.. COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00°51'56"WEST 164.98 FEET ALONG THE WEST LINE THEREOF; THENCE SOUTH 8900736" EAST 334.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°51'56"WEST 270.02 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 89007'36" EAST 20.78 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 380.00 FEET; THENCE EASTERLY 126.01 FEET ALONG SAID CURVE AND SOUTH LINE THROUGH A CENTRAL ANGLE OF 19000'00"TO THE EAST LINE OF SAID LOT 4; THENCE ALONG SAID EAST LINE THE FOLLOWING THREE COURSES: THENCE NORTH 19052'24"EAST 93.88 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 300.44 FEET; THENCE NORTHERLY 99.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°00'00"; THENCE NORTH 00052'24" EAST 97.87 FEET TO THE SOUTH LINE OF LOT 1 IN SAID BLOCK 1; THENCE NORTH 87015'04"WEST 191.57 FEET TO THE TRUE POINT OF BEGINNING; ALSO,THAT PORTION OF LOT 6, SAID BLOCK 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 6,THENCE NORTH 89007'36"WEST 186.49 FEET ALONG THE NORTH LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00052*24" EAST 84.18 FEET TO THE NORTHEASTERLY PROLONGATION OF A LINE RADIAL TO THE WESTERLY LINE OF SAID LOT 6 WHICH BEARS NORTH 71006'52" EAST; THENCE SOUTH 71°06'52"WEST 92.00 FEET ALONG SAID PROLONGATION TO SAID WESTERLY LINE AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 380.00 FEET; THENCE NORTHWESTERLY 133.58 FEET ALONG SAID CURVE AND WESTERLY LINE TO THE NORTH LINE OF SAID LOT 6; THENCE SOUTH 89007'36" EAST 152.69 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING; ALSO THOSE PORTIONS OF LOTS 3 AND 4,BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00051'56"WEST 164.98 FEET ALONG THE WEST LINE THEREOF;THENCE SOUTH 89007'36" EAST 334.21 FEET; THENCE NORTH 00052'24" EAST 229.99 FEET; THENCE NORTH 89007'36"WEST 334.24 FEET TO THE WEST LINE OF SAID LOT 3; THENCE SOUTH 00051'56"WEST 65.01 FEET ALONG LAST SAID WEST LINE TO THE POINT OF BEGINNING. ALSO, LOT K OF CITY OF KENT LOT LINE ADJUSTMENT NO.93-8, RECORDED UNDER KING COUNTY RECORDING NO.9408171008, KING COUNTY,WA. ALSO,THOSE PORTIONS OF LOTS 1,2,3,4,AND 5 BLOCK 2,VAN DOREN'S LANDING, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS,PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID BLOCK 2 AND THE EAST MARGIN OF 64TH AVENUE SOUTH, AS SAID AVENUE IS SHOWN AND SO DESIGNATED ON SAID PLAT;THENCE NORTH 000 52'24" EAST 559.00 FEET ALONG SAID EAST MARGIN; THENCE SOUTH 890 07'36" EAST 368.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°52'24"WEST 435.26 FEET;THENCE SOUTH 890 07' 36"_EAST 100.00 FEET; THENCE SOUTH 000 52'24"WEST 331.12 FEET TO THE NORTHERLY LINE OF DRAINAGE DISTRICT RIGHT-OF-WAY CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO.32912; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING THREE COURSES: ✓ THENCE NORTH 360 12'57" EAST 164.62 FEET;THENCE SOUTH 890 02'03" EAST 323.72 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1;THENCE CONTINUING SOUTH 890 02'03" EAST 33.79 FEET;THENCE NORTH 00'52'24" EAST 259.59 FEET;THENCE SOUTH 89'07'36" EAST 35.00 FEET;THENCE NORTH 00°52'24" EAST 26.47 FEET;THENCE NORTH 14°03' 18" EAST 55.00 FEET ALONG A RADIAL LINE TO THE SOUTHWESTERLY MARGIN OF LANDING WAY AS SAID WAY IS SHOWN AND SO DESIGNATED ON SAID PLAT AND THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 380.00 FEET;THENCE NORTHWESTERLY AND NORTHERLY 442.07 FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 660 39'17"TO A RADIAL LINE OF SAID CURVE WHICH BEARS SOUTH 80°42'35"WEST;THENCE SOUTH 80°42'35"WEST 56.00 FEET ALONG SAID RADIAL LINE;THENCE NORTH 891 07'36"WEST 257.77 FEET TO THE TRUE POINT OF BEGINNING; ALSO,THOSE PORTIONS OF LOTS 3,4,5 AND 6, BLOCK 2,VAN DOREN'S LANDING, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID BLOCK 2 AND THE EAST MARGIN OF 64TH AVENUE SOUTH,AS SAID AVENUE IS SHOWN AND SO DESIGNATED ON SAID PLAT; THENCE NORTH 000 52'24" EAST 559.00 FEET ALONG SAID EAST MARGIN;THENCE SOUTH 890 07'36" EAST 368.00 FEET;THENCE SOUTH 000 52'24"WEST 435.26 FEET;THENCE SOUTH 890 07'36" EAST 100.00 FEET; THENCE SOUTH 000 52' 24"WEST 331.12 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 3; THENCE SOUTH 360 12' 57"WEST 151.38 FEET ALONG SAID SOUTHEASTERLY LINE TO THE SOUTH LINE OF SAID LOT 3;THENCE NORTH 890 02'03" WEST 372.78 FEET ALONG SAID SOUTH LINE TO SAID EAST MARGIN OF 64TH AVENUE SOUTH; THENCE NORTH 000 27' 19"WEST 330.36 FEET ALONG SAID EAST MARGIN TO THE POINT OF BEGINNING. ALSO, LOT I OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO.9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO. 9205201188. ALSO,LOT B,OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL 94-21 AS RECORDED UNDER KING COUNTY RECORDING NO.9408171007,LYING WITHIN THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M. ALSO, LOT 7,BLOCK 1,OF THE PLAT OF VAN DOREN'S LANDING AS RECORDED IN VOLUME 158, PAGES 71 THROUGH 75. ALSO,LOT 8, BLOCK 1,VAN DOREN'S LANDING ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY, WASHINGTON. ALSO,LOT E OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO.9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO,9205201188,WASHINGTON. ALSO, LOT F OF CITY OF KENT LOT LINE ADJUSTMENT NO.LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO. 9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO. 9205201188,WASHINGTON. ALSO,THOSE PORTIONS OF LOTS 2,3 AND 4, BLOCK 3,AND LOTS 1 AND 2,BLOCK 4,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON,AND OF LANDING WAY ABUTTING THEREON,VACATED BY CITY OF KENT ORDINANCE NO.3201, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 3,THENCE SOUTH 89°04'24" EAST 590.81 FEET ALONG THE SOUTH LINE THEREOF; THENCE PARALLEL WITH THE EAST LINE OF SAID BLOCK 3, NORTH 00-51-56" EAST 829.38 FEET; THENCE NORTH 27006'48"WEST 53.00 FEET TO THE SOUTHEASTERLY MARGIN OF SOUTH 228TH STREET; THENCE SOUTH 62053'12" WEST 640.71 FEET ALONG SAID SOUTHEASTERLY MARGIN TO THE WEST LINE OF SAID BLOCK 3; THENCE SOUTH 00052'39"WEST 574.97 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. ALSO,THOSE PORTIONS OF LOTS 1 AND 2, BLOCK 3,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON,AND OF LANDING WAY ABUTTING THEREON, VACATED BY CITY OF KENT ORDINANCE NO.3201, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 3,THENCE SOUTH 89°04'24" EAST 590.81 FEET ALONG THE SOUTH LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE EAST LINE OF SAID BLOCK 3, NORTH 00051'56" EAST 401.21 FEET; THENCE SOUTH 89°O8'04" EAST 586.21 FEET TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00°51'56"WEST 401.84 FEET ALONG SAID PROLONGATION AND EAST LINE _ TO SAID SOUTH LINE OF BLOCK 3; THENCE NORTH 89004'24"WEST 586.21 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING. ALSO, LOT 1, BLOCK 2,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1:THENCE SOUTH 890 02'03" EAST 33.79 FEET ALONG THE SOUTH LINE THEREOF;THENCE NORTH 000 52'09" EAST 259.61 FEET; THENCE SOUTH 890 07'36" EAST 35.00 FEET;THENCE NORTH 000 52'24" EAST 26.47 FEET; THENCE NORTH 140 03' 18" EAST 55.00 FEET ALONG A RADIAL LINE TO THE SOUTHWESTERLY MARGIN OF LANDING WAY AS SAID WAY IS SHOWN AND SO DESIGNATED ON SAID PLAT AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 380.00 FEET;THENCE NORTHWESTERLY 86.58 FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 130 03' 18"TO THE WEST LINE OF SAID LOT 1;THENCE SOUTH 000 52'24"WEST 368.71 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING; ALSO,THAT PORTION OF BLOCK 4,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 3,SAID PLAT,THENCE SOUTH 89004'24" EAST 590.81 FEET ALONG THE SOUTH LINE THEREOF; THENCE PARALLEL WITH THE EAST LINE OF SAID BLOCK 3, NORTH 00051'56" EAST 401.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°51'56"EAST 428.17 FEET; THENCE NORTH 27006'48"WEST 53.00 FEET TO THE SOUTHEASTERLY MARGIN OF SOUTH 228TH STREET; THENCE NORTH 62053'12" EAST 691.95 FEET ALONG SAID SOUTHEASTERLY MARGIN TO THE WEST LINE OF TRACT A,SAID BLOCK 4; THENCE SOUTH 00°51'56"WEST 799.61 FEET ALONG SAID WEST LINE AND ITS SOUTHERLY PROLONGATION TO THE POINT WHICH BEARS SOUTH 89008'04"EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89008'04"WEST 586.21 FEET TO THE TRUE POINT OF BEGINNING. 6-13 Worksheet Cochran/Seapac Portions of Block 4 & Vacated Landing Way LID 330 SEGREGATION WORKSHEET Assessment # Principal Balance' 6 (amended) 191,210.26 $191,210.26 [1] Segregations since last payment Net Usable Area (sf) Amount 6-12 83,454 [3] 22,387.64 [2] $168,822.62 >Outstanding >balance [1]-[2] VDL Net Usable Area (sf)> 712,771 Less [3] 83,454 629,317 [4] Outstanding balance/[4]> 0.268263244 [5] a 6.13 Net Usable area (sf)> 373,428 [6] 6-12 Assessment [5] x [6]> $100,177.01 'Per City of Kent Page 1 Z to V7 N N 00 r r O) l0 M O M r n m y V o) n M N O) 0) O m N lb N r O to n r m � n (A (O V V V O to O r M (D N tD n n m W r n V O n n N C V O to n 0) V N n N O) M O 0 r N M M M r N (D M n M O r r N U) ' O (7 tD to V N N r 0) co n O V V M m n tD N ° (D N O N N N N N N N C V c D m m m � � 0 o m n n n o o N Ito (D m m N o v m 0 mm _°o Q (D r m n (D O m o V In M r r M N to N ° m In C' N 0101 V to V C n t0 (D (0 00 0) V v m ro > O N (D W m M !b m V IT n n m to O It m m N m M M W M to N N m o m m m m O O m n m z N ~ .m r N .- r r r V' N Cl) o O O .O m () Z a o m N '0m c N m U 3 N n (0 0) (D co O O N O) V' (D m m o 0) m m Q 'T V O (D (D O O O (O n N r r M n 'C O m N H N = r n N N V t0 V' O O N O O n M n N C Z CD c N (O m to (D wto V' N 0 n 0N r to O m m m Z G N m m (O w or n N m M M N O m M M CO O n m Cl) N Cl) N r r r r r V' N — M L O'O c tU m v m L L N m > ? w N m m n mm ' mm •O r N r N M V' M (O to Itn c0 m O r N Cl) 0 a) m r r r a 00 r ° m m o n n n n m (D (D to m o m a m o m m m 0 9 n o o 0 m 3 c O m •c V O (/A (7 M•c • m � N c m Z (n m _ 7 U a) C O. 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U U U U U r U U M N r m V' V' M N r N m _ U m m 0 0 0 0 0 0 0 0 m m m m m m m m p m m O 0 o o o o 0 0 0 m CL O_ J J ..J J J J ...) J 0_ D_ 0_ (L a d d IL J O_ d J J J J J J J J J � I i5 95 2rL��� b p16 21 , 5 O M cp s0 ,53 ol z / I 60 LOT C I Q N z pe 4_3 LU T B Q: LO � � � a W \ / \ 4-2 \\ I Z 2 zz XO I � � I W J ' N .. i i coIt Q o LOT A 4-5 4-4 LANDING WAY 1 I CITY ORD.NO.3�01) BY N 89.08'04"W 586.21' EXIST. LOT LINE AREA: 378,208 SO.FT.OR 8.68 AC � LEGEND: — --- PLATTED LOT LINE SCALE : 1" - 100' I w __ EXISTING LOT LINE Lp N CITY OF KENT Lp LOT CONSOLIDATION zI PREPARED FOR : BIRTCHER FRANK PROPERTIES B.R.H. JOB NO. 95296.02 , DATE : 1/4/95 ��IMA.N!C,I r/F WASI& O-/' DRAWN BY : KJY CHECKED BY : WAH AA �o ` b Z / 590.81, R\ O R 2ar POINT OF BUSH,ROED&HITCHINGS,INC. �1stj LIJ.['� COMMENCING CIVIL ENGINEERS&LAND SURVEYORS SEATTLE.WAININOTON S2]'4ut EXPIRES L171 / _............. ?111 Kent City Council Meeting Date February 6. 1996 Category Consent Calendar 1. SUBJECT: S. 240TH STREET AGREEMENT 2 . SUMMARY STATEMENT: It has been recommended by the Public Works Committee that the Mayor be authorized to execute the S. 240th Street Agreement with King County for the improvement of S.E. 240th Street from 116th Avenue S.E. to 132nd Avenue S.E. , to authorize the sale of councilmanic bonds to finance the City's upfront share thereof, and to authorize the debt service thereon to be paid out of the utility tax revenues of the street fund. 3 . EXHIBITS: Public Works Committee minutes and agreement 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I Gill explained that this is not only going to be linked to the railroad signal system but it is also coordinated with the adjacent signals on 212th St. If someone activates the button to cross the street, it is not going to automatically interrupt the flow that's been programmed into the signals. Committee recommended bringing this item back for further discussion at the first meeting in March. ADDED ITEM: S. 240TH INTERLOCAL AGREEMENT Wickstrom explained he and Brubaker negotiated the language in the agreement with King County regarding S. 240th Street from I I6th Ave to 132nd Ave. We said we would pay our share of the project and commit to a mortgage financing of the balance. The County is getting the mortgage payment plan that their Council has directed them to institute. Without the agreement, S. 240th would not get built; they would have dropped it altogether. Also, they would have gone to the Boundary Review Board Hearing on the Meidian Annexation saying they would pull out all the improvements in the area and that would have sent the annexation into a turmoil. Wickstrom said now we get S. 240th built and we will pay for our fronting share which is about $1,750,000 initially. The County has nearly $5 million budgeted in 1995 for the S. 196th St Corridor for which they have been using this mortgage payment plan "string" claiming that if they did not get Tukwila or Sea Tac to buy into this mortgage payment plan wherein the County builds the street and they get paid back by the annexing jurisdiction they were not going release those funds. We lobbied once to get this condition out of the original allotment which was $2 million so, we negotiated this agreement saying we do get the money with no strings attached - no pre-annexation agreements or mortgage payment agreements with any other cities. Wicicstrom said that clears up the whole issue on that $4 million to help finance the corridor project. Wickstrom further explained that on the S. 196th Street project, they were going to condemn and that would have strung us out for a long time. Since we authorized them to condemn on properties on S. 240th Street which they are handling, this agreement authorizes us to condem on the corridor project. Additionally, they are essentially dropping the east leg of the 277th Corridor as part of this agreement - they expected us to finance that project as part of this whole mortgage payment plan. He said the balance,were we to annex the rest of the 240th Street improvement, is a payment plan over a 20 year period and the interest rate is 4%which is better than we could do if we had to finance. They are eating all the expenses up to this point in the project which included the design and some right of way acquisition costs;we are not reimbursing them for any past expenses which is $2 million. Wickstrom further noted that they will be 4 sharing all grant funds with us on this project. Wickstrom said that originally we were going finance this with a councilmanic bond issue funded from the revenue from the street utility generated in the Meridian Annexation of which our payment is approximately $1.8 million ($152,000 per year). Now with the utility tax, we are proposing the same financing package; councilmanic bond issue with payment thru that utility tax of the street fund. Wickstrom said we will be getting the S. 240th Street improvement; this agreement guarantees it will be done; the County had anticipated building it in 1996 but reality set in; they have a $2 million hole in their funding. Now, because we are participating, they will build the road in 1996. Committee unanimously recommended authorizing the Mayor to: a) execute the S. 240th Street Agreement with King County for the improvement of SE 240th Street from 116th Avenue SE to 132nd Avenue SE; b) the sale of councilmanic bonds to finance the City's upfront share thereof and, c) the debt service thereon to be paid out of the utility tax revenues of the street fund. ADDED ITEM: WHEELCHAIR RAMPS Epperly raised the question of the placement of wheelchair ramps stating that they seem to run straight into utility poles. Wi&strom said they were built in the late '70's. He said anytime we overlay a road, under ADA we have to retrofit the wheelchair ramps to meet ADA standards. 5 AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT - RELATING TO THE SE 240TH STREET 196TH/200TH STREET AND SE 277TH CORRIDOR IMPROVEMENTS This Agreement is hereby made and entered into between King County, a home rule charter county, a political subdivision of the State of Washington (hereinafter called the "County"), and the City of Kent, a municipal corporation of the State of Washington (hereinafter called the "City"). WHEREAS, the Countywide Planning Policies, adopted and approved by the Metropolitan King County Council and ratified by cities within the County, include policies calling for collaboration between the County and the cities that have designated potential annexation areas within the Urban Growth Area, established pursuant to the Growth Management Act, in order to provide urban services and facilities within the potential annexation areas; and WHEREAS, King County has responded to the rapid erosion of the County Road Fund's tax base resulting from annexations and incorporations by adopting a policy that allows the King County Department of Public Works, Roads & Engineering Division, to continue to design and construct safety and operational improvements within potential annexation areas without financial participation by the affected city, but requires a cost- sharing agreement with the affected city prior to awarding a construction contract on �✓ major growth-oriented roadway capacity improvements; and WHEREAS, the City of Kent has recently received approval from the Boundary Review Board to annex an area that is approximately 5.2 square miles in size, lying east of the City of Kent on the Soos Creek Plateau (the "Meridian Annexation"); and WHEREAS, the boundaries of the Meridian Annexation, as proposed by the City and approved by the Boundary Review Boarcabut -- but do not include -- the rights-of-way (ROW) for three County arterials with major growth-oriented roadway capacity improvements programmed for various stages of work in the County's adopted 1995- 2000 Roads Capital Improvement Program (CIP); these arterials are SE 240th Street, 132nd Avenue SE, and SE 256th Street; and WHEREAS, these three arterials will remain in the City of Kent's potential annexation area upon the effective date of the Meridian Annexation; and WHEREAS, at this time, the City is interested in participating in only one of the County's road widening projects on the border arterials -- the SE 240th project (CIP No. 500187), which would widen the existing two-lane road to five lanes between 116th Avenue SE and approximately 500 feet east of 132nd Avenue SE, ; and M2aomtia SE 240th Street lnterlocal Agreement Page 2 WHEREAS, the County has previously appropriated funds for the segment of the City's 196th/200th Street Project that lies within unincorporated area and the County Council has previously placed restrictions on making these funds available to the City; NOW THEREFORE, pursuant to RCW 39.34, the County and City hereby agree: 1. PURPOSE. The purpose of this Agreement is to delineate the respective roles of the City and County in completing the design and construction of a major road widening project on SE 240th Street; and to clarify financial responsibilities for a portion of the provement. The County has expended funds in designing City's 196th/200th Corridor im and obtaining ROW for CIP Project No. 500197. The County and City agree, at this time, to proceed only with the portion of the County's CIP Project No. 500187 that will widen SE 240th Street to five lanes from I I6th Avenue SE to 900 feet east of 132nd Avenue SE (the "Project"). The three-lane portion of CIP Project No. 500187 will be delayed indefinitely, unless the County Council determines that three-lane road improvements in Potential Annexation Areas are not subject to the new cost-sharing policy. 2. PROJECT MANAGEMENT AND COORDINATION. The County will be the lead agency for the completion of design, ROW acquisition and construction of the d specifications for the Project, the County will: Project. Prior to finalizing the plans an a. Adjust the eastern terminus of the Project to tie into the existing two-lane he deferral of ection at approximately 900 feet easterly of 132nd Avenue SE, if made necessary by the three-lane segment; and b. Allow the City's Public Works Department to review the plans and specifications for potential cost savings that might result from substituting City road design standards for County standards. The County Road Errpneer will determine whether to substitute City standards, as proposed by the City's Public Works Director. 2.1 Property Acquisition for Shared Border Section. The County shall be responsible for the acquisition of all property necessary for the Shared Border Section, including property along 116th Avenue Southeast, 120th Avenue Southeast, as well as along Southeast 240th Street. The City agrees to cooperate, as necessary, in the County's efforts to acquire property that lies within the City's corporate limits; the City agrees to use its land use authority to require dedication of the property required for the Shared Border Section by any affected property owners with pending land use actions. The City authorizes the County to exercise eminent domain, as necessary, to acquire property for the Shared Border Section that lies within the corporate limits of the City. Any County expenditures for property acquisition for the Shared Border Section will be shared by the jn\zaomita .� SE 240th Street Interlocal Agreement Page 3 City and County pursuant to the method described in Sections 3.3 and 3.4 of this Agreement. 2.2 Right of Entry. The City grants the County right of entry into the corporate limits of the City for the purpose of performing any and all tasks necessary to complete the Project. 3. COST-SHARING. Prior to the effective date of the County's capacity project cost- sharing policy (January 1, 1996), the County has appropriated a total of$2,440,070 for CIP Project No. 500187 (the "Existing Appropriations"). These funds will be expended by the County on activities related to completing the Project, without any reimbursement from the City. 3.1 Additional Appropriation. An estimated $7,204,510 additional appropriation is need to complete ROW acquisition and construction of the Project. A portion of this cost ($4,970,664) is associated with the segment of the Project that lies on the northern border e SE, (the of the Meridian Annexation, from 116th Avenue SE to about 127th Avenu "Shared Border Section"). The remainder of the estimated additional appropriation is for the balance of the Project that extends to 900 feet east of 132nd Avenue SE. 3.2 TIA Grant. The County has acquired a Transportation Improvement Account(TIA) —✓ grant for CIP Project No. 500187. The City and County agree to cooperate in requesting approval of the Transportation Improvement Board (TIB) to use the unexpended balance of the grant on the Project, in recognition of the fact that the three-lane section of CIP Project No. 500187 will be deferred indefinitely. 3.3 Shared Border Section Costs. The City agrees to pay the County one-half of the costs associated with the Shared Border Section of the Project, between 116th Avenue SE and 127th Avenue SE, after deducting rffoneys received from Existing Appropriations and the TIA grant. These costs will be reimbursed on the basis of monthly progress billings prepared by the County, commencing upon the depletion of the Existing Appropriations. _ 3.4 City's Liabilities Upon Annexation. The City also agrees to reimburse the County for the undepreciated value of the County's investment in the balance of the Project (net of Existing Appropriations and grants) at whatever point in the future the City annexes territory surrounding the Project. This includes territory to the north of SE 240th Street along the Shared Border Section of the Project, or to the north and/or south of the f 132nd Avenue SE. This reimbursement will be segment that extends to 900 feet east o made as follows: ,� jbQ40(hila SE 240th Street Interlocal Agreement Page 4 3.4.1 Annuity Established. Within thirty (30) days of completing construction of the Project , King County will establish and transmit to the City an annuity to depreciate the value of the County's investment over an assumed 20-year useful life of the Project, with a nominal interest rate of 4%. "Annuity Year" shall mean a 12 month period. Annuity Year 1 shall commence on the first day of the first month following completion of construction of the Project, as certified to the City by the County Road Engineer. Each succeeding Annuity Year shall commence on the anniversary of the commencement of Annuity Year 1. The initial value to be depreciated will be the total Project expenditures made by the County, less those funds appropriated prior to 1996 and less any federal or state grant funding received by the County for the Project. [Attached is an illustrative estimated annuity schedule for the Project.] 3.4.2 Payment Options. Upon annexation of the surrounding territory, the City will have the option of making annual payments, pursuant to the annuity schedule, of the undepreciated value of the Project, or to make a lump sum payment . The City's obligation for making annual payments or a lump sum shall begin in the month of the Annuity Year in which the annexation takes effect. If the City elects to make annual payments,the City shall pay all moneys dues for the remaining months of that Annuity Year, and for all remaining Annuity Years when due (see Section 3.4.3). If the City elects the lump sum option, the City lump sum will be adjusted, as necessary, for a partial Annuity Year based upon the effective date of the annexation. If the annexation takes effect before the Project construction is complete, the City's obligation begins in the first month of Annuity Year 1. 3.4.3 Pavment Schedule. Within thirty (30) days of the effective date of a future annexation by the City of the territory surrounding the Project, the City will notify the County which payment option it chooses. Within thirty (30) days of receipt of this notice, the County will transmit to the City an invoice and payment schedule. The City will make payment within thirty (30) days_of receipt of the invoice. 3.4.4 Partial Annexation. If a future annexation by the City includes a portion -- but not all -- of the territory surrounding the Project, the City will be obligated only for a pro rata allocation of the Project annuity. This pro rata allocation will be based on the portion of the total lineal feet of the Project that is included in.the annexation area. 3.5 Mitigation Fees. The City shall not impose mitigation fees for this project on developments in unincorporated King County unless a reciprocal impact fee agreement with the County is executed and implemented. jb\2aoma:, SE 240th Street Interlocal Agreement Page 5 4. CORPORATE BOUNDARY The corporate boundary of the City adjacent to the Shared Border Section, as approved by the Boundary Review Board, is the south margin of Southeast 240th Street. Widening of the Shared Border Section will require right-of-way acquisition and will result in a southerly shift of the south margin of Southeast 240th Street by about 20 feet ("Relocated South Margin"). Pursuant to RCW 35A.21.210 the City and County agree that upon completion of the Shared Border Section of the Project, as certified in writing to the City by the County Road Engineer, the corporate boundary of the City shall coincide with the Relocated South Margin of Southeast 240th Street. 5 196TH/200TH STREET CORRIDOR 5.1 King County Contribution. The City's 196th/200th Street major widening project includes a segment in the unincorporated area bounded by the cities of Sea-Tac, Tukwila and Kent. The King County Council has previously appropriated County Road Fund moneys for this segment of the City's project, a portion of which have been made available to the City through a May 1993 Interagency Agreement for the design of the improvement and for construction of the intersection at Orillia Road. 5.1.1 Sea-Tac/Tukwila Annexations. Both the cities of Sea-Tac and Tukwila have previously expressed interest in annexing the area that includes this segment of the City's 196th/200th Street Project. Notwithstanding the 1992 County Council budget proviso for this project and the 1995 Roads Capacity Project Budget Proviso, no pre-annexation agreement with either city will be required prior to amending the May 1993 Interagency Agreement to authorize transfer of the County's appropriated funds for the construction phase of this project. 5.2 Sea-Tac/Tul.-vila Corridor Contributions. Although no prior pre-annexation agreement with either Sea-Tac or Tukwila will be required as a condition of releasing the County Road Fund dollars appropriated for the City's 196th/200th Project, the County will use its best efforts to secure a cost-sharing agreement with the affected city, seeking a commitment to repay the undepreciated value of the County Road Fund investment in the project, similar to methodology used for the SE 240th Street cost-sharing described in Section 3.4 of this Agreement. Any funds reimbursed to the County by Sea-Tac or Tukwila for the County Road Fund's share of the City's 196th/200th Project will be used by the County for other improvements in the 196th/200th Corridor. 5.3 Property Acquisition. As stipulated in the "Interagencv Agreement for the South 196th/200th Street Project," executed in July 1993, the City shall be responsible for the jb\240thila SE 240th Street Interlocal Agreement Page 6 acquisition of all property necessary for the South 196th/200th Street Project, including property in the unincorporated area. Notwithstanding Section 2.7 of the July 1993 Interagency Agreement on this project, the County authorizes the City to exercise eminent domain, as necessary, to acquire parcels in the unincorporated area that require condemnation. Allocation of property acquisition costs between the City and County will be governed by Section 3 of the July 1993 Interagency Agreement. The County agrees to cooperate, as necessary, in the City's efforts to acquire property that lies within the unincorporated area. 6. SE 277th Corridor. King County recently completed its preliminary environmental review of the Southeast extension of the SE 272/277th Corridor Project. However, nearly one-half of this portion of that Project now lies within the City of Kent. At this time, the City has indicated it is not willing to enter into a joint financing agreement for the construction of that project, as would be required by the County's Capacity Proviso. For this and other reasons, when adopting its 1996-2001 Roads CIP,the King County Council deferred indefinitely any funding for preparing an EIS for the Southeast extension portion of this project. As a result, King County will not pursue further project development activity on this portion of the 272/277th Corridor Project unless a prior agreement with the City is reached regarding joint funding for the project. 7. RELATIONSHIP TO EXISTING LAWS AND STATUTES. This Agreement is in no way intended to modify or supersede existing laws and statutes and shall be construed in a manner which is consistent therewith. In meeting the commitments encompassed in this Agreement, all parties will comply with the requirements of the annexation statutes, Open Meetings Act, State Environmental Policy Act, Growth Management Act,the King County Countywide Planning Policies, the King County Comprehensive Plan and any other applicable laws and regulations. 8. POTENTIAL POLICY CHANGE.If�the County's annexation policy regarding major roadway capacity improvements is amended in a manner that is more favorable to cities in King County with respect to requiring cost-sharing agreements for such projects, then the parties shall reopen negotiations with respect to the cost-sharing provisions of this Agreement. Additionally, if the County's road capacity improvement annexation policy is repealed or so substantially altered that its effect is essentially void, then the portions of this Agreement requiring City payments in the event of future annexations, shall also be void. jb\240thila V' SE 240th Street Interlocal Agreement 1'aae 7 9. ADMINISTRATION 9.1 Project Team. The provisions of this Agreement will be managed by a Project Team composed of the King County Executive or designee and the Mayor of Kent or designee, with additional staff to be determined by each party. 9.2 Administrative Procedures. The Project Team will meet as necessary to ensure that the provisions of this Agreement are fulfilled and will develop written procedures and records as required to accomplish the work of this Agreement. 9.3 Conflict Resolution. The Project Team will use consensus to reach agreements. In the event consensus cannot be reached on an issue, the parties will first seek the assistance of a neutral mediator, selected jointly. If the issue still cannot be resolved, the issue will be forwarded to the legislative authorities of the City and County for resolution. 10. VENUE AND APPLICABLE LAW In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the parties hereto agree that any such action shall be initiated in the King County Superior Court of the State of Washington. The parties hereto agree that all questions shall be resolved by application —% of Washington law and that the parties to such action shall have the right of appeal from such decisions of the King County Superior Court in accordance with the laws of the State of Washington. 11. TERMINATION This Agreement is effective upon approval by the governing bodies of the City and County and upon signature of the parties he Agreement shall continue to be in effect from year to year unless terminated upon written agreement by both parties. 12. AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by the County or the City during the.terms of this Agreement and three (3) years after termination. 13. NON-WAIVER OF BREACH The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more }b%2aomuis SE 240th Street Interlocal Agreement Page 8 instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 14. MODIFICATION No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the County. 15. ENTIRE AGREEMENT This written agreement supersedes all prior verbal statements of any officer or other representative of the City and the County, and those statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. 16. INVALID PROVISIONS If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected hereby if such remainder would then continue to serve the purposes and objectives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date last written below. KING COUNTY CITY OF KENT By f=4 By its its Date: Date: Attest: Approved as to form: Approved as to form: By By Deputy Prosecuting Attorney Kent City Attorney moles�cRD5 q N ±3 ga ± wE 2E Eg 3e 3w k, 2 SSGM %04 P.02 § \ \\ 0 J � V4 k 4p � i � E ° ƒ • i . k E • / ) f \ � w \ fn 7 m \ . a � § \ rn } } � Yn & \ \ A d % ri / } 2 \ \ k W § k } } f % & | k 2 } a « k \ } } ) a & . k „ / • f G ) 1 E . jf en / / 2 . 7f § § g � \ r- 15 ¥ I mo \ \ / \ j 2 k7Gf ( gn � . - .� & % # � $ § ; # / 2 � � � � ) $ ) /f . T § l E ) < k � ® ] � ƒ§ k / a � u5 ■ § 9 f � f � \ \ e 2m ■ k3L 3 zZ ■ zz2 FR,IPH r-4R'9F, FUnRnfIM KDIT CITY FIuTOPfIE'f l . 206 B59 3983 JAN 24. 1996 9:54AM gG P-23 4 O O All FI, m h b t`l. !"i N N Q -' N r p CalV1 a T dO t0 a N o cc �o Q o Y G E M "A N fV rT Pl' C4 N N r r r n.i r w O? 00 w R n N m h 4n �.b com C O h o N rn O V m v $ c zk h c •q r�i v_ N t- r o .o 0 0: r .� ri e I pp�� 00 N �D C'� t�l 00 �1 '? P7 N �' Q V •C� �1 N r Q^ O G O� O1 Be l" P 2 f�1 e5 N' G L^' Z• � o ;0� •.. n_ - _ Oi �' Cam^ ���ppp tp�p H =1 N O N �OV Oy eO.� Cryry O O O O ryO ryC OO1 Ory1 �O7 O N AM Cv N b tD b 1D 10 �6 b tD b 1D �� b ✓ r O 00 O yF 5 lw .n N V•i h V1 %n V. N h h h r h N9 V% V1 h vj n .n A rn N C Q e�}} ? !h aa}} d 7 Q C �t Q d aa C QQ O O /.^� ALA 4 c 6 N g N N N N N N N N tV N N N N N N N N A, C en �.� N M M M N M fA N N g h N h % H N iN N (A ON H CA 69 (A 0 X N N A I Q ./1 V P m 01is E y 3 .o principal 1,810.709 rate 0.04800 4.80: term 20 PAYMENT INTEREST PRINCIPAL BALANCE 142,842.26 1.810.709.00 1 142.842.26 86.914.03 55.928.23 1,754,780.77 2 142.842.26 84,229.48 58,612.78 1,696,167.99 3 142,842.26 81,416.06 61,426.20 1,634,741.79 4 142,842.26 78,467.61 64,374.65 1,570,367.14 5 142,842.26 75.377.62 67,464.64 1,502,902.50 6 142,842.26 72.139.32 70,702.94 1,432,199.56 7 142,842.26 68.745.58 74,096.68 1.358.102.88 8 142.842.26 65.188.94 77,653.32 1,280,449.56 9 142,842.26 61,461.58 81,380.68 1,199,068.88 10 142.842.26 57,555.31 85,286.95 1,113,781.92 11 142.842.26 53,461.53 89,380.73 1,024,401.19 12 142,842.26 49,171.26 93,671.00 930,730.19 13 142,842.26 44,675.05 98,167.21 832,562.98 14 142,842.26 39.963.02 102,879.24 729,683.74 15 142,842.26 35,024.82 107,817.44 621,866.30 16 142,842.26 29,849.58 112,992.68 508.873.63 17 142.842.26 24,425.93 118,416.33 390,457.30 18 142,842.26 18,741.95 124,100.31 266,356.99 19 142,842.26 12.785.14 130,057.12 136.299.87 20 142,842.26 6.542.39 136.299.87 0.00 2,856,845 1,046,136 1,810,709 Kent City Council Meeting Date February 6. 1996 Category Consent Calendar 1. SUBJECT: CEDAR MEADOWS PLAT - BILL OF SALE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, authorization to accept the bill of sale for the Plat of Cedar Meadows submitted by Pacific Industries, Inc. for continuous operation and maintenance of 845 feet of water main, 545 feet of sanitary sewers, 536 feet of street improvements and 840 feet of storm sewers. The project is located at 116th Avenue Southeast and Southeast 228th Place. 3 . EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO J YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3J I I iN IN _._....__... 56TN PL. S r - S,v39 \\Y\p`.. 1� '�N '• _ 96TH FIVE 8 _ _ ,:�..�. NO ' ',I '� \�` 8TH AVE 99TH AVE 5_. / ,� 1'L�j~ 59TH I00TH RVE SE A IY•• ' ' _ ,iC No N m N x 102NO AVE w - 1. — ----I �d IN 102NO Pt. •-xi ~ 102 Pt. I` 3s � 1 r y ' /IPAI VI,w Atl E01 y IPRIYI N 103r RO Pl. [E ---J m =� BENSON RD. 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SUBJECT: CARPINITO BUSINESS PARK - AMENDMENT TO BILL OF SALE 2 . SUMMARY STATEMENT: At the December 19th Council meeting, the Bill of Sale for Carpinito Business Park, located at 84th Ave. S. and S. 222nd Street, was accepted in full which included 58 feet of sanitary sewer. It has since been deter- mined that this sewer line was private construction and as such, this portion of the bill of sale needs to be amended. It is the recommendation of the Public Works Director to delete 58 feet of sanitary sewer improvements from the Carpinito Business Park bill of sale acceptance. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (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. 3K s 208TH 37 w 11/I S 209TH 1 7 w 1 j , r izl C"l 1 ----- - - _ S 212TH ST �{ i :`r' 21 I _ S 216TH ST S 216TH ST F � F F 218TH Sj 2I8TH ST co1 T 5- - 220TH ST \ PROJECT LOCATION 1 > , m. 5 222NC S 222NO S it i d S 224TH ST w M1 co 6 z S 227TH PL N` 0 m JJ 3 3 m S 228TH ST � N/tt / s 221TH ' ST ; ¢I � { o � N •a W; m >: NOYgC LN , mi S - 5 234TH 9T ¢ I o { z ' N i N OLE ST a n-� ` C,0- H CLOUOT ST ¢ �i S 238TN 57 I o fX �� f/BOULO,R(O�N HqT I�q<4 fH 237TH 1 mf CLOU 8T, F Nf I W� �'( r PL GEORGE 5 238TH s U of W sl o 0 JAMES ST w r'ST z! jS 24OTH STD S 239TH PL W w W ( o cn SAM ST ¢ F > ¢ a W w ¢ r CE fl ¢ T > Q Y Q z a � a J CARPINITO BUSINESS PARK _3HITH ST J SMITH ST ¢ 4 .. Kent City Council Meeting Date February 6. 1996 Category Consent Calendar 1. SUBJECT: TREE GRATE SUPPLY CONTRACT - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the contract with Urban Accessories, Inc. for the Tree Grate Supply Contract, and release of retainage after State releases. The tree grates were supplied for the Downtown Sidewalk Rehabilitation, Phase II contract. The original contract amount was $43 , 512 . 00. The final construction cost was $47, 082 . 00, the overage being a result of the purchase of 6 additional tree grates after the contract was awarded. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (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. 3L Kent City Council Meeting Date February 6. 1996 Category Consent Calendar 1. SUBJECT: JAMES STREET/4TH AVENUE IMPROVEMENTS - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the contract with Shoreline Construction for the James Avenue/4th Avenue Improvements project and release of retainage after State releases. The original contract was $282, 206. 26 . The final construction cost was $265, 680. 27 . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (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. 3M Kent City Council Meeting Date February 6 , 1996 Category Consent Calendar 1. SUBJECT: FRAGER ROAD GUARDRAIL - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the contract with Petersen Brothers for the Frager Road Guardrail Rehab (Meeker St. - 212th St. ) project and release of retainage after State releases. The original contact was $65, 059 . 50. The final construction cost was $66,897 . 50 . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (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. 3N Kent City Council Meeting Date February 6 1996 Category Consent Calendar 1. SUBJECT: KENT SPRINGS TRANSMISSION MAIN REPAIR - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the contract with R.W. Scott for the Kent Springs Transmission Main Repair project and release of retainage after State releases. The original contract was $11130,950.76. The final construction cost was $995, 604 . 23 . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (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. 30 ...... .... Kent City Council Meeting Date February 6 , 1996 Category Consent Calendar 1. SUBJECT: KENT BICYCLE ADVISORY BOARD - REAPPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s reappoint- ment of Roxanne Ketch to continue serving as a member of the Kent Bicycle Advisory Board. Her term will continue to 12/31/97 . 3 . EXHIBITS: Memorandum from Mayor 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. 3P MEMORANDUM TO: CHRISTI HOUSER, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYO DATE: JANUARY 30, 1996 SUBJECT: REAPPOINTMENT TO KENT BICYCLE ADVISORY BOARD I have recently reappointed Roxanne Ketch to continue serving as a member of the Kent Bicycle Advisory Board. Her term will continue to 12/31/97. i I submit this for your confirmation. �� JW:jb Kent City Council Meeting Date February 6, 1996 Category Consent Calendar 1. SUBJECT: LAND USE AND PLANNING BOARD ORDINANCE - SET HEARING DATE 2 . SUMMARY STATEMENT: Authorization to establish February 20, 1996 at 7 : 00 p.m. as the time and date for a Public Hearing on the proposed Land Use and Planning Board Ordinance. 3 . EXHIBITS: None 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. 3Q Kent City Council Meeting Date February 6, 1996 Category Consent Calendar 1. SUBJECT: VOLUNTARY RETIREMENT INCENTIVE PROGRAM 2 . SUMMARY STATEMENT: Approval to extend the Voluntary Retirement Incentive Program for 1996-97, as recommended by the Operations Committee. The Voluntary Retirement Incentive Program provides a temporary window of opportunity for eligible employees to retire from the City while providing them additional financial security. The purpose of the Program is to recognize and reward the dedica- tion, loyalty and distinguished service of long-term employees, while providing savings to the City. Our records indicate that twenty two (22) employees are eligible during this period of time. Many of these employees have expressed interest in retiring. In addition, no future requests are planned for an extension of the Voluntary Retirement Incentive Program. 3 . EXHIBITS: Memo from Human Resources Director 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3R MEMORANDUM DATE: February 6, 1996 TO: Mayor and City Council FROM: Sue Viseth, Human Resources DirectorA��L SUBJECT: VOLUNTARY RETIREMENT INCENTIVE PROGRAM Over the course of the last three years, the City has offered eligible employees a Voluntary Retirement Incentive Program. The purpose of the City's program has been to recognize and reward the dedication, loyalty and distinguished service of long-term employees, while providing savings to the City. The current program expires January 31, 1996. At this time we are requesting authorization to extend this program through January 31, 1997. Our records indicate that twenty two (22)employees will be eligible during this period of time. Many of these employees have expressed interest in retiring. This Incentive Program provides a temporary window of opportunity for eligible employees to retire from the City while providing them additional financial security. The following is a brief overview of the eligibility criteria for retirement under the State PERS and LEOFF systems and an outline of Kent's proposed Voluntary Retirement Incentive Program. THE STATE OF WASHINGTON RETIREMENT SYSTEMS Eligible employees of the City of Kent are required to participate in the State of Washington Public Employees' Retirement System (PERS) or, in the case of Police and Fire, the Law Enforcement Officers and Firefighters System (LEOFF). To be eligible for retirement an employee must meet certain criteria. A summary of the State's criteria is outlined below: PERS PLAN I- Retirement Criteria Any age with 30 or more years of service, or age 55, with at least 25 years of service, or age 60, with at least 5 years of service. PERS PLAN H- Retirement Criteria Age 65, with at least 5 years of service, or age 55, with at least 20 years of service (reduced benefit). LEOFF PLAN I- Retirement Criteria Age 50, with at least 5 years of service. LEOFF PLAN H- Retirement Criteria "mf Age 55, with 5 years of service, or age 50, with 20 years of service (reduced benefit). As we previously indicated, of the twenty two (22) City employees who meet the State criteria for service retirement,there may be additional employees who satisfy this criteria through a combination of public service and/or military service. In such cases only the State can determine retirement eligibility by combining prior service records. The City does not have access to this information. VOLUNTARY RETIREMENT INCENTIVE PROGRAM All employees who meet the State PERS or LEOFF retirement criteria would be eligible to participate in the City's Voluntary Retirement Incentive Program. All eligible employees who want to participate in the Incentive Program must notify the City of their intent to retire no later than January 1, 1997 and must retire from the City on or before January 31, 1997. Social security eligibility is based on employees' earnings each calendar year, therefore, it would be most beneficial to employees if the Retirement Incentive Program was offered at the beginning of the year. This time-line will allow employees to benefit from the City's Incentive Plan and still qualify for social security for 1997. In recognition of employees' dedication and years of service, the City will pay each eligible employee an amount equal to $400 for each year of service to the City of Kent. This compensation amount shall be based on the last full year of service to the City of Kent. For example: an employee who has completed 25 years of service would receive a retirement incentive payment of$10,000. Eligible employees will be required to pay taxes on the full amount of the retirement incentive payment. Furthermore, in accordance with Department of Retirement System (DRS) rules, the amount of the retirement incentive payment shall not be reported to the retirement system to be part of employees' pension calculations. The Human Resources Department has prepared a report that identifies the number of employees who are eligible to participate in the Voluntary Retirement Incentive Program and the monetary incentive payment they would receive upon retirement. A copy of the report is attached to this memorandum for your information. CITY OF KENT VOLUNTARTY RETIREMENT INCENTIVE PROGRAM ELIGIBLITY LIST As of January 31, 1997 # of Eligible Current Yrs PERS PLAN I - Eligibility Employees Age Svc x 400 Any age with 30+years of service ... ... ... 1 52 34 13,600 1 54 30 12,000 1 61 30 12,000 Age 55, with at least 25 years of service ... 1 65 27 10,800 1 57 25 10,000 Age 60, with at least 5 years of service ... 1 75 16 6,400 1 60 22 8,800 PERS Plan II - Eligibility Age 65, with at least 5 years of service ... 1 65 11 4,400 1 65 9 3,600 Age 55, with at least 20 years of service (reduced to age 65) ... ... ... ... ... ... ... None LEOFF I - Eligibility Age 50, with at least 5 years of service ... 1 56 31 12,400 1 61 30 12,000 1 58 28 11,200 1 59 26 10,400 1 56 25 10,000 1 50 20 8,000 1 50 25 10,000 1 50 20 8,000 1 53 24 9,600 1 51 15 6,000 1 54 8 3,200 1 50 18 7,200 1 50 21 8,400 TOTAL 1128 000 LEOFF II - Eligibility Age 55, with 5 years of service ... ... ... ... ... ... ... None or Age 50, with 20 years of service (reduced benefit) ... None A:\List3-97.wpd Kent City Council Meeting Date February 6, 1996 Category Consent Calendar 1. SUBJECT: INVESTMENT POLICY 2 . SUMMARY STATEMENT: As recommended by the Operations Committee at their January 31, 1996 meeting, authorization is requested to adopt Kent' s first Investment Policy by ordinance. The City has received a letter from the Municipal Treasurers' Association stating that Kent was awarded the national asso- ciation's "Certification of Excellence" for its "outstanding written investment policy" and commending the City for "enhancing its fiscal responsibility in the management of fiscal funds. " Adoption of Ordinance No. 3 . EXHIBITS: Memo from May Miller, Finance Division Director; memo from Susan Narick, Financial Analyst; letter from Municipal Treasurers' Association of the United States and Canada; and ordinance establishing a new Chapter 3 . 02 entitled "Investment Policy" 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3S CITY OF KENT MEMORANDUM SUBJECT: LNVEST7v1ENT POLICY ADOPTION TO: MAYOR AND COUNCILMENIBERS FROM: MAYENE MILLER, FINANCE DIVISION DIRECTOR DATE: JANUARY 26, 1996 In September of 1995, the City's first Comprehensive Investment Policy was submitted to Council for approval. Council was asked to approve the Policy in its then present form as set forth in the draft ordinance, pending proposed modifications and certification by the Municipal Treasurers' Association of the United States and Canada. It is with great pleasure that I submit to you for final action, the now nationally certified Investment Policy. The Municipal Treasurers' Association notified the City in writing in a letter dated January 9, 1996, that the submitted investment policy had been awarded the Certification of Excellence for its "outstanding written investment policy." The Association did not recommend any changes to the Policy and commended the City of Kent for "enhancing its fiscal responsibility in the management of fiscal funds." As discussed in previous memos, the importance of having a written investment policy can not be understated. Since the Orange County investment losses in California, much attention has been focused on updating and/or creating written guidelines for investment activity,to protect municipalities against these types of losses. This policy offers very specific guidelines governing all investment activity and reinforces the City's investment objectives which are, in order of importance; 1)To maintain the safety of principal, 2) To provide cash flow to meet the City's many financial needs, 3) consider yield. In addition; this Policy requires safekeeping of the City's investments, new reporting criteria, states the maturity_ ranges and the liquidation process, selection of brokers and dealers and establishes an investment committee. Council Action: Adoption of the revised Comprehensive Investment Policy. 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: 8129195 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 certifrcarion to the national Municioal 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 Ioneer 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 caoacirv. 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 MTA@ US&C Municipal Treasurers' Association of the United States and Canada January 9, 1996 Susan Narick Financial Analyst Citv of Kent 226 4th Avenue South Kent, WA 98032 Dear Ms. Narick: The Municipal Treasurers' Association is pleased to present the City of Kent with the Association's Certification of Excellence Award. Members of the Association's Investment Policv Certification Committee congratulate the City of Kent for it's success in developing an outstanding written investment policy which meets the criteria set forth by the Association's Investment Policv Certification Program. Our review of your investment policy is limited to the documentation submitted. The Certification of Excellence is not a guarantee against loss due to economic and market conditions or human behavior. The Association's Investment Policy Certification Committee Chairman, Rod Rich. ,will be presenting all recipients with the Certification of Excellence Award at the Association's 1996 Annual Conference in Mobile, Alabama. The awards will be presented during the Awards Luncheon on Wednesday, August 7. We hope that you will be able to attend this luncheon, however, if your schedule does not permit you to attend, please call me at (202) 833-1017. The City of Kent is to be commended for enhancing its fiscal responsibility in the management of fiscal funds. Sincerelv, Stacez ran�Gli�i��- EXecuti�Director 1229 Nineteenth Street, N.W. Washington, D.C. 20036 (2021 833-1017 Fax (202) 833.0375 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 1 . �J 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 I . 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 CHAPTER 3 . 02 . INVESTMENT POLICY. Code, a new Chapter 3 . 02 , entitled " Investment Policy" to read as follows : 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 investments, 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 Ic 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 . 080) . 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. They shall further disclose any large personal financial/investment positions that could be related to the performance of the City' s portfolio. Employee 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. 7 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 note 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 Y 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. A_1 security transactions entered into by the City of Kent shall he 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 -ocal Government Investment Pool , United States Treasury SLOGS and Mutual Funds, which will be registered in the name of the City. r Sec. 3 . 02 .120 . Diversification. Diversification is required by the City to reduce overall por=folio 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- concentrati--n in any of the aforementioned areas . With the exception of Obligations of U. S . Treasury securities and the 10 `.- 0 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 Y 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 �r 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 Y 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 1996 . APPROVED day of 1996 . PUBLISHED day of 1996 . 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 February 6. 1996 Category Other Business 1. SUBJECT: INTERLOCAL AGREEMENT WITH KING COUNTY REGARDING ANNEXATIONS 2 . SUMMARY STATEMENT: At its December 19, 1995, Council meeting, the City Council approved a proposed Interlocal Agreement with King County relating to the processing of building permits and Land Use Applications for areas annexed to the City of Kent. Due to the pending Meridian Annexation, this Interlocal was submitted to the City Council without final approval of King County. King County subsequently requested changes to the agreement. The only major substantive change relates to the SEPA provisions which provide that the City of Kent shall serve as lead agency for all pending applications. Roger Lubovich and Jim Harris will be available to answer any questions. 3 . EXHIBITS: Proposed interlocal agreement 4 . RECOMMENDED BY: Council (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NOJ/ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember L VI) moves, Councilmember Wca-) seconds to approve and authorize the Mayor to enter into the proposed Interlocal Agreement with King County regarding annexations. GLD Ce�rv`Q'r«Q c� DISCUSSION• (J ACTION• mci Council Agenda Item No. 4A INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT RELATING TO PROCESSING OF BUILDING PERMITS AND LAND USE APPLICATIONS THIS AGREEMENT is made and entered into this day by and between King County, a home rule charter County in the State of Washington (hereinafter referred to as the "County" ) and the City of Kent, a municipal corporation in the State of Washington (hereinafter referred to as the "City" ) . WHEREAS the City has annexed or will annex various areas of unincorporated Yi ay %-w c._ei♦*a-fte referred t0 CviicCtivc_Y -* as the "Annexation Area) ; and WHEREAS all local governmental authority and jurisdiction with respect to the Annexation Area transfers from the County to the City upon the date of annexation; and WHEREAS the County and City agree that having the County continue to process certain annexation area building permit applications and land use applications on behalf of the City for a transitional period Will assist in an orderly transfer of authority and jurisdiction; and WHEREAS this Agreement is authorized by the Interlocal Agreement Act, RCW 39 . 34 ; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between the City and County as follows : 1 . Building-Related Applications Review. 1 . 1 . Except as provided in Section 1 . 2 below, the County shall continue to review and approve, approve with conditions, or 02/O1/96 14:45 FAX 206 296 0191 KC PROS. AM. Z 002 deny all vested permit applications filed with the County before the effective date of annexation which involve property within the Annexation Area. Review shall occur in accordance with those County regulations under which the application is vested, and in a manner consistent with Sections 3 and 4 of this Agreement. Said review shall include follows-up inspections and enforcement of conditions of approval, issuance of extensions for completion of inspections, issuance of ancillary permits applied for prior to the effective date of annexation (Tor example, fire & mechanical) which are essential for.-completion of each original project permit, and Issuance of certificates o occupancy at completion of the project. The types of building related permits within this grant of authority include but are not limited to: • building permits; • occupancy permits; • mechanical permits; • fire systems/fire sprinkler permits; • h_c=_rdoL±� material permits; • building permit related grading and clearing permits. 1.2 The County will prepare and send to the city a list of all building related permits and applications pending within the Annexation Area. Those applications which the City determines have not vested shall be excluded from further County review pursuant to this Agreement. For purposes of this Agreement, the determination of whether a particular application has vested shall be made by the City- The City and County may mutually 2 02/01/96 14:46 FAA 206 296 0191 6C PROS. ATTY. Ia003 agrse to exclude from this Agreement any additional permits or applications on the list . 1 .3 This Agreement does not apply to any annexation area applications transferred to the city or accepted, reviewed or Otherwise processed by the City prior to January 1, 1996 . 2 . wand Use R-iated n+npij ,ations Ravj-w 2. 1 Except as provided in Section 2 . 5 below, the County shall continue to process those vested land use related applications filed with the County before the effective date of annexation which involve property within the Annexation Area. Processing shall occur in accordance with those County ` e' 1G'� '� -ru=+ wi=C'r1 thr-- application is vested, and in a, mariner ccnsistent with Sections 3 and 4 of this Agreement . The City will determine whether the land use application is vested. 2 .2 For those land =_^-e applications to be processed by the County pursuant to this Agreement, the County will prepare a recommended decision to the City for use by it' s hearing examiner or designated decisionmaker. 2 .3 . The City shall thereafter be responsible for scheduling, providing notice of, and conducting any public hearings required in conjunction with ar? application. County staff will, at the request of City staff, attend the public hearing. County staff hearing participation will be limited to explanation of any applicable County codes and policies, and of County staff findings of fact, analysis or recommendations . County staff will not comment on or defend other findings, - 3 - analysis or recommendations presented by City staff . Notwithstanding the foregoing, the King County Examiner shall complete the public hearing in process, entertain appropriate motions for reconsideration and render a recommended decision to the Kent City Council on those subdivision applications pending before the King County Hearing Examiner on the date of annexation. 2 .4 . With regard to those subdivisions, and short subdivisions and planned unit developments that have been granted preliminary approval prior to annexation, the County shall complete staff work on whatever post-preliminary approval phase of review the development is in on the date of annexation and then turn the application over to the City for all further i processing. For purposes of this Agreement, post-preliminary approval review phases include engineering plan approval, final approval, construction inspection approval, and maintenance/ defect approval . Nothing in this Agreement prohibits or limits the City from negotiating, on a case-by-case basis, with the County for additional work and completion of subsequent phases . All financial guarantees required of the applicant at completion of a current review phase to secure compliance with the requirements of subsequent phases, shall be filed with or turned over to the City, which shall have sole discretion on the assessment of required performance and the release of said guarantees . 2 . 5 . The County will prepare and send to the City a list of 4 - 02/01/96 14:46 FAS 206 296 0191 6C PROS. ATTY. 004 all land use related permits and applications pending within the Annexation Area_ Those applications which the City determines have not vested shall be excluded from further County review pursuant to this Agreement . For purposes of this Agreement, the determination of whether a particular application has vested shall be made by the City. The City and County may mutually agree to exclude from this Agreement any additional permits or applications on the list. Z ,.zliance . 3 .1 In order to satisfy the procedural requirements. of Lhe State Environmental Policy Act ("SEPA" ) , the City shall serve as lead agency for all applications identified in Sections 1 and 2 of this Agreement . The City shall designate and identify a SEPA responsible official to make threshold determinations and to supervise the preparation and content of environmental review for projects within the Annexation Area, The responsible official shall not be an employee, officer, or agent of the County. Any and all pending or future appeals from SEPA threshold determinations and other SEPA matters relating to projects within the Annexation Area stall he heard by the City. The County will notify the City' s responsible official when a SEPA determination -••- -=emu__=u G..1 W��� :luc take final action upon the application until the responsible official has acted. The County agrees to provide technical SEPA assistance to the City' s responsible official if requested. Such technical assistance shall include : * revi� •• ^t a , a:-plicant' s environmental checklist and ft collection of relevant comments and facts; 5 - * preparation of a proposed SEPA threshold determination - with supporting documentation for approval , publication and notice by the City' s responsible official; * preparation and submittal of a written review and comment on any appeal received on a SEPA threshold determination recommended by County staff to the City' s designated appeal hearings officer; * attendance at appeal hearings to testify with respec to analysis of environmental impacts, mitigation measures and the environmental review process ; * preparation of any required draft , final, addendum or supplemental EIS for approval of the City' s responsible official; * coordination of adopted oi�-:�tequired SEPA measures of mitigation with project staff . 3 . 2 County staff will provide only such assistance as is _equ=sled by the City. 3 . 3 For any SEPA appeals pending before the King County Hearing Examiner at the time of annexation, the Hearing Examiner shall complete the public hearing and render a recommended decision to the City for use by it' s designated decisionmaker. 4 . Administrative And Ministerial Processing. 4 . 1 County review specified in this Agreement is intended to be of an administrative and ministerial nature only. Any and all legislative or quasi-judicial decisions or decisions of a discretionary nature shall be made by the City and/or its designated decisionmaker. 4 . 2 For purposes of this Agreement, discretionary decisions shall include, but are in no respect limited to, SEPA procedural determinations and decisions to condition or deny any permit approval on SEPA grounds; provided that, where a project' s SEPA 6 - mitigations have been established as part of a mitigated determination of non-significance rendered by the County prior to annexation, unless directed to do otherwise by the City, such established SEPA mitigations shall be applied by the County as project approval conditions . 5 . Referral of New Reauests . The County agrees to advise permit applicants that any new building or land use application or permit requested within the boundaries of the Annexation Areas must be submitted to the City. The County agrees to accept requests for permit renewals or extensions only when construction has already begun and such r_.__:ral or extension is necessary to complete the project under the terms of this Agreement . The County agrees to accept requests for ancillary permits only for i� � mechanical or fire fir e systems for bui ldi-i gs under . onSt._i_u_ti o_ and when such ancillary permits are necessary to complete construction of the same project under terms of this Agreement . The County will not accept permit applications which seek to extend the use or dimensions of the project under construction, or which seek approval for free standing signs, tenant improvements or accessory structures . 6 . Enforcement . The County is authorized, on behalf of the City, to enforce conditions of approval for those applications which the County has retained review authority pursuant to this Agreement . The City shall be responsible for all other enforcement actions normally taken by the County' s Code Enforcement Section pursuant to KCC Title 23 , including those - 7 - relating to said applications . 7 . Processina Priority. The County agrees to process annexation area applications in accordance with the County' s administrative procedures , at the same level of service as provided County applications . Fees for any services provided by the City shall be determined under the City' s fee schedule . 8 . Filing Fees . 8 . 1 In order to cover the costs of performing services pursuant to this Agreement , the County shall be authorized to collect and retain such application and other fees authorized by the County ordinances or as may be modified at some future date by the County and the City. 8 . 2 For all applications excluded from County processing or transferred to the City pursuant to terms of this agreement, the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and administration performed by the County on the application. Any remaining application fee amounts received by the County prior to exclusion or transfer shall be promptly forwarded to the City. 8 . 3 For any annexation area applications erroneously received by King County following the effective date of incorporation, the County shall return fees collected directly to the applicant . 9 . Home Repair Applications and Permits . This Section applies to all County home repair projects funded through its Community Development Block Grant Program, or otherwise, both 8 - owner occupied home repair and rental rehabilitation projects . 9 . 1 The County agrees to continue to provide home repair services within the Annexation Area for a period of time determined to be mutually acceptable to both the County and City. ?9it 1,i~ t Annexation Area commonly known as the "Lake Meridian Annexation" which was annexed to the City on January 1, 1996 , the County shall continue to provide home repair services until January 1, 1997 . Home repair services shall include all aspects of the home repair job including labor, materials, and final close-out (including any required inspections that are not code compliance responsibilities) . 9 . 2 Following the period mutually agreed to in Section 3 . 1, the City will be responsible for providing all owner occupied home repair services to residents living within the annexation area . The County will continue to provide rental rehabilitation services per current County policy. 9 . 3 Any home repair jobs in progress and/or committed with County dollars at the end of the mutually agreed upon period in section 9 . 1, shall be completed by the County. This entails all aspects of the home repair job including labor, materials and final close out (including any required inspections that are not code compliance responsibilities) . 10 . Termination. Either party may terminate zhis Agreement upon providing at least thirty (30) days written notice to the other party. 11 . Termination Procedures . Upon termination of this - 9 - Agreement, the County shall cease further processing, enforcement, and related review functions with respect to applications identified in Sections 1 and 2 of this Agreement . The County shall thereupon transfer to the City those application files and records, posted financial guarantee instruments, and unexpended portions of filing fees for pending land use and building related applications within the Annexation Area. Transfer documents shall specify the work performed to date on the applications and shall be signed by the appropriate County official . Upon transfer, the City shall notify affected applicants that it has assumed all further nrocessincr responsibility. 12 . Duration. This Agreement shall become effective upon signature of both parties and will terminate five years thereafter unless otherwise terminated as provided in Section 10 . 13 . Application Process . The County and the City will each prepare and have available for applicants and other interested parties a document describing the handling of applications based on this Agreement . 14 . Leaal Representation. Except as set forth in Section 14 ucluW, acid iui :uch routine advice as may be provided to the County in furtherance of its services as described in this Agreement, the services to be provided by the County pursuant to this Agreement do not include legal services, which shall be provided by the City at its own expense . This limitation is intended to artily to legal services enforcing conditions of - 10 - development-related financial guarantee instruments . 15 . Indemnification. 15 . 1 . The County shall indemnify and hold harmless the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses , and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement . In the event that any suit based l.� upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that the City retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgement be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same . 15 . 2 The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement . In the event that any suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided, that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgement be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the City shall satisfy the same . 15 . 3 The City and the County acknowledge and agree that if such claims, actions , suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this Section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers . 16 . Administration. This Agreement shall be administered by the Director of the King County Department of Development and Environmental Services or his/her designee, and by the City of Kent Director of Operations , or his/her designee . 17 . Subsecruent Annexations . This '&greem nt shall govern CL f-W cc 31 , 19 c:15 all €a6� annexations to the CityAin which applications for development annrnval are then pend ncr with the County. Processing of vested development applications within future annexation areas shall commence under the terms of this Agreement after the City provides written notice of the annexation to the Director of King County Department of Development and - 12 - Environmental Services requesting that the County continue to process such applications in accordance with this Agreement . Following receipt of such a notice, the County shall provide a list of all pending applications to the City, and the parties may thereafter exclude applications from County processing in the manner set forth in Sections 1 . 2 and 2 . 5 above . 18 . Amendments . This Agreement is the complete expression of the terms hereto and any oral representation or understandings " --'c rNcrwtcd h`rein are eluded. Any modifications to this Agreement shall be in writing and signed by both parties . �,y' - 13 - IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. King County Gary Locke King County Executive Dated Approved as to Form NORM MALENG King County Prosecuting Attorney By: Sr. Deputy Prosecuting Attorney Dated City of Kent Kent City Mayor Dated Approved as to Form: Kent City Attorney Dated - 14 - ........... . CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE / G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES DECEMBER 27, 1995 COMMITTEE MEMBERS PRESENT: Jon Johnson-Committee Chair, Leona Orr STAFF PRESENT: Tom Brubaker, Brent McFall, May Miller, Kelli O'Donnell MEMBERS OF THE PUBLIC: Merrily Manthey The meeting was called to order at 9:36 a.m. by Chairperson Johnson. Apr roval of Vouchers: All claims for the period ending December 15, 1995, in the amount of 52,473,045.38 were approved for payment. Resolution on Alternative Medicine as an Economic Development Effort Director of Operations Brent McFall introduced the item and introduced Meetly Manthey noting that she has led the work on this proposed resolution as Chair of the Natural Medicine Economic Development Task Force. Merrily Manthey explained that in February of 1995 the Metropolitan King County Council passed a motion for establishrrfbRt of a natural medicine clinic. This will be the first clinic in the U. S. providing medical options outside of traditional medicine to low income citizens. Merrily noted that the cost for alternative medicine is significantly less especially chronic illness. Ms. Manthey outlined the amount of excitement King County's proposal has generated and the interest the Natural Medicine Economic Development Task Force has received from the community and the media. She noted that this is an opportunity for economic development, the promotion of W.J good health, and the enhancement of the reputation of Kent. Merrily gave examples of the Mayo Clinic in Rochester,Minnesota, and the amount of economic development and reputation garnered from the clinic which could apply to Kent if this project grows to the extent possible. Manthey outlined some of the economic development under discussion which includes: suggestions that the growers of herbs could open greenhouses for medicinal herbs which are currently wildcrafted; the opening of a hospital, preliminary talks with Valley Medical have been favorable; the expansion of Kent Medical Center; and, Bastyr University has shown interest in locating a campus in Kent. Merrily stated that the window of opportunity opened by King County's funding could expand to an in-patient program for chronic illness. The needs are extensive, Dr. Wright currently has a 500 patient waiting list with people flying in from all over the United States as well as other countries. Merrily stated that by passing the proposed resolution it will show the city's intention to support this project. After being asked if there were any questions, Committeemember Leona Orr stated that she would be happy to adopt the resolution and offered to work any way she can to make it happen. Orr then moved to recommend adoption of the proposed resolution at the next Council meeting. Committee Chair Johnson seconded the motion which passed 2-0. Proposed Legislative Package Brent McFall presented the item noting that Arthur Martin was on vacation and had prepared the backup to update the Committee. He explained that the AWC does not expect a lot of action during this legislative session outside of the items listed including a possible override of Governor Lowry's veto of the tax cuts, the supplemental budget, and new legislation on property rights. McFall stated that there may be a few items to guard against such as King County introducing a bill from Chris Vance to abolish the municipal court and force these cases into district courts. After discussion of the court issue, McFall noted that there is expected to be a number of items introduced such as cleaning up of the annexation process, but resolution of these issues is not expected. He informed OPERATIONS COMMITTEE MINUTES, CONT. 1�FC'EMRFR 27 1 AA5 the Committee that the biennium budget does not include funds for the state portion of surface water fees as yet. They normally pay 30% so this is being monitored to make sure that the item is not left unfunded to avoid paying the states share. McFall stated that Arthur Martin will report routinely to the Operations Committee and Council. Johnson suggested that the report be given at the Council meetings since this is a short session. Orr stated she appreciated the information and McFall stated that he would schedule the updates at the Council meetings. November Financial Report Finance Division Director May Miller reviewed the November Financial Report with the Committee. On page 5 May noted that there is only one past due LID outstanding thanks to the help of the legal department. She explained on page 9 that we are under budget in expenditures but this is partially due to closing projects a month early. The sales tax dropped in December, which she noted they have not been able to analyze as yet. Even with the November drop, we are still 4.1% over budget for the year."During further review, Miller noted the building permits received at 67% over budget with valuations even higher. She informed the Committee that the remaining balance from the youth/teen program on page 27 will carry over to 1996 since these funds are dedicated to this program. May concluded her report by reviewing the balances for the remaining budgets. McFall noted that the Council retreat has been scheduled for January 19 and 20 and more information will be forwarded to the Council. There being no further business, Committee Chair Johnson adjourned the meeting at 10:28 a.m. Page 2 PUBLIC WORKS COMMITTEE JANUARY 24, 1996 PRESENT: TIM CLARK GARY GILL CONNIE EPPERLY TOM BRUBAKER LEONA ORR ED WHITE DON WICKSTROM 4-WAY STOP SIGNS 1 ST & GOWE/RAILROAD & GOWE Wickstrom stated that we installed the new stog.signs after we received complaints from the businesses along Ist Avenue regarding a number of near-misses. We confirmed their concerns by listening to our contractor who was working in that area along with Dave Everett who also concurred with the businesses concerns. We installed the stop signs and now other citizens are complaining that they don't want the stop signs. Wickstom said the signs don't meet the technical warrant for the installation of 4-way stops. He said that somehow we need to have a formal meeting, possibly a hearing where we can hear input from the business group and then make a decision on leaving them up or removing them. In response to Orr, Wickstrom said that these were vehicle near misses. Ed White commented on the Chicago school bus incident wherein there was a short section of roadway with a stop signal. He said here, on Railroad Avenue, there is approximately 125 feet between the railroad tracks and the stop sign. This is far more than the situation in Chicago. White noted that we have the same problem throughout wherever a section of the roadway crosses the railroad tracks. He said we have installed numerous "do not stop on tracks" signs. Prior to installing the new stop signs, we had a heavy backup of traffic on Gowe St. at the p.m. peak hour traffic. Clark stated that initially, the Downtown Partnership raised part of the issue and now we are getting an awareness that they are concerned with the safety in some of these changes. He noted that rather than calling for a hearing on this, he suggested that someone talk with Linda Johnson , and suggest that she do a survey with her group. A concerned citizen in the audience noted that he was caught behind a delivery truck on the railroad tracks at Gowe St. for 45 seconds. He feels this is a dangerous situation with the new stop signs. In response to Clark, John Bond said that orange flags were posted noting the new stop signs. Committee recommended that further discussion needs to be heard from both sides. Staff was directed to gather input from the downtown partnership. The item will then be brought back to Committee. RECYCLING COORDINATORIEDUCATION - GRANT AGREEMENT Wickstrom explained that we have received a grant from the State Dept of Ecology to help fund the expansion of our recycling program and also funds the Conservation Specialist's salary. We are asking for authorization for the Mayor to sign the grant agreement and establish the budget. Committee unanimously recommended authorizing the Mayor to sign the Grant Agreement and direct staff to accept the grant for the total amount of $57,596 and to establish a budget for same. =; STATE REVOLVING FUND LOAN AGREEMENT - GARRISON CREED Wickstrom stated that we had applied to the Dept of Ecology for a loan for our Garrison Creek Detention Pond project which we built last year north of James at the end of 98th Avenue. We had applied earlier and received concurrence that they would fund us retro- actively. The loan amount is $2.1 million with an interest rate of 4.8%. Wickstrom , explained that by securing the loan we save money by not selling councilmanic bonds. To sell bonds, there is a financing cost of approximately 3%, in this case it would amount to about $63,000. Committee unanimously recommended authorizing the Mayor to sign the loan agreement and direct staff to accept the loan for the total amount of $2.1 million and to establish a budget for same. Discussion: In response to Clark, Wickstrom stated that this is a 20 year loan and noted that the Council approved the three year drainage rate increase for which we anticipated selling councilmanic bonds. He said that this is just substituting a loan for a portion of those bonds. We have already anticipated all this and it saves us $63,000. STREET VACATION - S. 218TH STREET Wickstrom explained that this is a street vacation request whereby the Committee places it on the Council agenda to establish a public hearing date. This is an unopened "paper" street- 218th Street west of East Valley Highway. The road was never built and now we have a petition to vacate. 2 Committee unanimously recommended that the City Attorney be directed to prepare a resolution to set the hearing date for the S. 218th Street Vacation. SEGREGATION - LID #330 ASSESSMENT #6 AMENDED Wickstrom said that LID 330 was the 64th Avenue Street Improvement and at Van Doren's Landing, properties have been developed when the properties were assessed under the LID and they are adjusting the property lines to meet the purchasers requirements. They are wanting to segregate that assessment to correspond with the readjusted property line. Committee unanimously recommended adopting a resolution for the segregation of Assessment #6 Amended in LID #330. CITIZEN REQUEST - TRAFFIC SIGNALS (212TH &INTERURBAN TRAIL) Wickstrom explained that the secondary part of the S. 212th HOV project was the installation of a signal on the Interurban Trail to allow cyclists and users of the trail to cross S. 212th in a safe manner. The signal will not be operational until the railroad crossings are updated because they are intertied with pre-exemption, so there is no possibility of cars stacking up behind the signal and on the tracks. Allen McArthur of 14522 SE 198th, Renton relayed his concerns about this signal. He stated that it is very close to the railroad tracks, perhaps three car lengths away. He feels that we should try to expedite the flow of cars and not impede it stating that a traffic light already exists 150 - 200 feet away. He feels that a sign for pedestrians trying to cross 212th could be posted noting "trail detour to traffic light" would not impede traffic flow along 212th. He said installing another traffic will create a number of problems. Wickstrom stated that the signal is pre-empt; when the railroad cross-arm comes down, it turns green for the west bound traffic so there won't be anyone stacking up. We see Interurban as an alternate route to transportation thru the valley to the businesses; it's providing employees a means of using bicycles to get to work; it's a major north/south route and we are trying to tie it to the 277th Corridor up to the top of the hill; we have also identified Canyon Drive as a bicycle corridor. We have built bike lanes on 212th to tie across the valley as part of the 212th project. Wickstrom again noted that we see this as part of the transportation system. One of the elements we are looking at implementing, to meet our concurrency, is to provide all the options available in terms of transportation. He said we are looking at signaling the other roads at 228th &Smith St in order to make the interurban trail more useful during peak demand times. 3 Gill explained that this is not only going to be linked to the railroad signal system but it is also coordinated with the adjacent signals on 212th St. If someone activates the button to cross the street, it is not going to automatically interrupt the flow that's been programmed into the signals. Committee recommended bringing this item back for further discussion at the first meeting in March. ADDED ITEM: S. 240TH INTERLOCAL AGREEMENT Wickstrom explained he and Brubaker negotiated the language in the agreement with King County regarding S. 240th Street from 116th Ave to 132nd Ave. We said we would pay our share of the project and commit to a mortgage financing of the balance. The County is getting the mortgage payment=pf&n that their Council has directed them to institute. Without the agreement, S. 240th would not get built; they would have dropped it altogether. Also, they would have gone to the Boundary Review Board Hearing on the Meidian Annexation saying they would pull out all the improvements in the area and that would have sent the annexation into a turmoil. Wickstrom said now we get S. 240th built and we will pay for our fronting share which is about $1,750,000 initially. The County has nearly $5 million budgeted in 1995 for the S. 196th St Corridor for which they have been using this mortgage payment plan "string" claiming that if they did not get Tukwila or Sea Tac to buy into this mortgage payment plan wherein the County builds the street and they get paid back by the annexing jurisdiction they were not going release those funds. We lobbied once to get this condition out of the original allotment which was $2 million so, we negotiated this agreement saying we do get the money with no strings attached - no pre-annexation agreements or mortgage payment agreements with any other cities. Wickstrom said that clears up the whole issue on that $4 million to help finance the corridor project. Wickstrom further explained that on the S. 196th Street project, they were going to condemn and that would have strung us out for a long time. Since we authorized them to condemn on properties on S. 240th Street which they are handling, this agreement • authorizes us to condem on the corridor project. Additionally, they are essentially dropping the east leg of the 277th Corridor as part of this agreement - they expected us to finance that project as part of this whole mortgage payment plan. He said the balance,were we to annex the rest of the 240th Street improvement, is a payment plan over a 20 year period and the interest rate is 4%which is better than we could do if we had to finance. They are eating all the expenses up to this point in the project which included the design and some right of way acquisition costs;we are not reimbursing them for any past expenses which is $2 million. Wickstrom further noted that they will be 4 y sharing all grant funds with us on this project. Wickstrom said that originally we were v--' going finance this with a councilmanic bond issue funded from the revenue from the street utility generated in the Meridian Annexation of which our payment is approximately $1.8 million ($152,000 per year). Now with the utility tax, we are proposing the same financing package; councilmanic bond issue with payment thru that utility tax of the street fund. Wickstrom said we will be getting the S. 240th Street improvement; this agreement guarantees it will be done; the County had anticipated building it in 1996 but reality set in; they have a $2 million hole in their funding. Now, because we are participating, they will build the road in 1996. Committee unanimously recommended authorizing the Mayor to: a) execute the S. 240th Street Agreement with King County for the improvement of SE 240th Street from 116th Avenue SE to 132nd Avenue SE; b) the sale of councilmanic bonds to finance the City's upfront share thereof and, c) the debt service thereon to be paid out of the utility tax revenues of the street fund. ADDED ITEM: WHEELCHAIR RAMPS Epperly raised the question of the placement of wheelchair ramps stating that they seem to run straight into utility poles. Wickstrom said they were built in the late '70's. He said anytime we overlay a road, under ADA we have to retrofit the wheelchair ramps to meet ADA standards. .,� 5