HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/06/1996 �2�2�tt�Ew
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City Council Meeting
Agenda
CITY OF
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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
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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,
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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
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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,
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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;
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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.
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City of Kent -
98th Avenue Regional Treatment Pond Project -
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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
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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.
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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
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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
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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
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Kent City Council Meeting
Date February 6, 1996
Category Consent Calendar
1. 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
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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
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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
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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.
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