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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/05/1997 I CNtyof Kent . l Meet � nCtyCounci g Agenda II,I CITY OF 21.411 � 1 Mayor Jim White Council Members Christi Houser, President Jim Bennett Jon Johnson Tim Clark Leona Orr Connie Epperly Judy Woods August 5, 1997 Office of the City Clerk 764 MIT CITY of L!"L22 SUMMARY AGENDA /d74II�S:• KENT CITY COUNCIL MEETING August 51 1997 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 FLAG SALUTE ROLL CALL 1. PUBLIC COMMUNICATIONS A. Employee of the Month B. Proclamation - Up with People Week 2 , PUBLIC HEARINGS None 3 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. 1998 Budget Workshop - Set Date D. 1998 Budget & CIP - Set Hearing Date E. Urban Resources Partnership Grant - Accept and Establish Budget F. Lake Washington/Cedar River Watershed Fisheries Study - Payment G. S. 200th St. /Green River Bridge Preload - Acceptance H. Six Year Transportation Improvement Plan - Set Hearing Date I. Water District #111 Agreement - Authorization J. SOAP Amendment - Ordinance 3 3;7 K. DARE Program Donation - Acceptance L. Singh Final Plat - Set Meeting Date M. Department of Ecology Grant - Accept and Establish Budget N. Gowe Street Apartments - Bill of Sale O. Granville - Southern Rezone - Set Meeting Date P. G14.,4 r;.0 Ce_ — -n (4 . OTHER U� SINESS 5. BIDS - " �U /ze✓�t�v A. 429d- Avenue - & Reith Road Traffic Signal Remodel 6. CONTINUED COMMUNICATIONS 7. REPORTS EXECUTIVE SESSION - Labor Negotiations S. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent(206)854-6587. . ........... PUBLIC COys4UNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Employee of the Month B) Proclamation - Up with People Week CONSENT CALENDAR 3 . City Council Action: Councilmember b4l".6 moves, Councilmember seconds that Consent Calendar Items A through�eP be approved. P Discussion ActionG 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 15, 1997; and correction to the minutes of July 1, 1997, Item 5A which was inadvertently omitted and should be added as follows: Kent and Clark Springs Emergency Power Addition. The bid opening for this project was held on June llth with four bids received. The low bid was submitted by CTS Northwest, Inc. in the amount of $103,816.17. The project consists of installing propane generated emergency power at Kent & Clark Springs to alleviate existing power outage problems at these locations during winter storm events & etc. The Public Works Committee recommends awarding the contract to CTS Northwest Inc. EPPERLY MOVED that the Kent & Clark Springs Emergency Power Addition contract be awarded to CTS Northwest, Inc. for the bid amount of $103,816.17. Orr seconded and the motion carried. 3B. Approval of Bills. Approval of payment of the bills received through June 30 and paid on June 30, 1997, after auditing by the Operations Committee on July 15, 1997 . Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/97 185925-186271 $ 427, 918. 97 6/30/97 186272-186647 2 , 002 ,595. 01 $2, 430,513 .98 No payroll checks were approved for this time period. Council Agenda Item No. 3 A-B Kent, Washington July 15, 1997 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Police Chief Crawford, Public Works Director Wickstrom, Planning Director Harris, Parks Director Hodgson, and Finance Director Miller. Councilmember Johnson was excused from the meeting and Councilmember Epperly was not in attendance. Approximately 25 people were at the meeting. PUBLIC National Night Out. Mayor White read a proclama- COMMUNICATIONS tion declaring August 5, 1997, as "National Night Out" in the City of Kent. He noted that this program provides a unique opportunity for the City to join forces with other communities across the country in promoting cooperative, police- community crime and drug prevention efforts. He also noted that it is essential for all citizens to be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime and drug abuse. The Mayor encouraged all citizens, neighborhoods and communities to participate in the community's crime prevention efforts to more tightly weave the: fabric of the community and strengthen community spirit. Officer Paul Petersen, Public Information officer for the Police Department, accepted the proclama- tion and expressed his hope that many communities and neighborhoods in the City would join on August 5th in giving neighborhood crime and drugs a going away party. (ADDED ITEM) Kent Citizens Association Arthur Harvev, 16619 SE 251st Street, Kent, noted that on February 7, 1997, he had formally requested copies of some documents from the City of Kent which included an EEOC Report, a current list of the number of employees working for the City with a breakdown by ethnicity and job classification, the City's Affirmative Action Plan, and a Work Force Diversity Plan with breakdown for implementation of it. He explained that most of the information has been supplied with the exception of the Affirmative Action and the Work Force Diversity Plans. He then referenced a letter from Ms. Viseth, Employee Services Director, dated February 12th which indicated that the City of 1 Kent City Council Minutes July 151 1997 Y PUBLIC Kent is not under a mandate to implement any COMMUNICATIONS Affirmative Action Plan. He also noted that Ms. Viseth's letter stated that the City was in the process of reviewing the School District's Work Force Diversity Plan proposal. He noted that the Kent Citizens Association is concerned because it is their understanding that an Affirmative Action Plan was submitted to the City Administrative Office over 3 1/2 years ago, but that it has been held up in the Legal Office. Harvey noted that on May 14th he had submitted a request to the City for a list of contractors, a breakdown by ethnicity, and the award amount, but that he hasn't received the information yet. He emphasized that his request is a required public information item and that he would like to re- submit the request to the City at this time for a more readily, spontaneous time response. Mr. Harvey explained that, on behalf of the Kent Citizen' s Association, he would like to get a commitment from the Mayor and City Council this evening, individually and collectively, on where they stand in regard to diversity. He noted that the Association is asking the City to move with all speed to adopt and implement a diversity plan within 90 days (by October 15) , to designate a qualified person to monitor this program, and that his organization has enough expertise in it to assist the City in this process. Samuel Tucker, 220 - 152nd Street, Seattle, noted that his concern is with the issues of diversity and affirmative action within the City of Kent. He inquired as to whether the City Council is putting forth a strong effort to form a committee to implement a policy on an Affirmative Action Plan. Joseph Drake, 13476 SE 242nd Street, Kent, noted that the whole issue of diversity should be important to the Mayor, Councilmembers, and citizens because of the demographic changes in Kent. He noted that the NAACP (National Association for the Advancement of Colored People) will be taking the lead in defending affirmative action and addressing issues of diversity because of the decline around the ' country in terms of people retrenching to former positions. 2 Kent City Council Minutes July 15, 1997 PUBLIC Mr. Drake noted that Councilmembers are elected COMMUNICATIONS by the people and that the people expect the Council to share the people's concerns, be accountable, and responsible. He commended Mayor White for supporting the Caddv Program, and he noted that this program at the Riverbend Golf Course is an excellent idea. He noted, however, that it's irresponsible to make suggestions o-Z racially insensitive comments regarding patronage at the Riverbend Golf Course, and that it's been stated that Mayor White has made such comments. Mr. Drake emphasized that everyone has a right to use any publicly-owned facility in this City and that these types of issues need to be addressed in a consistent and fair manner. He stated that the Kent Citizens Association task and responsi- bility is to be the Council's conscience, to work with and remind the Council on a consistent basis of their decisions and actions, and if the actions are highly offensive, the Council will be told. Mayor White explained to Mr. Drake that the comments attributed to him regarding patronage and employment at the Riverbend Golf Complex are not true. He noted that he has never made any suggestions or racially insensitive comments toward the patronage at the Golf Course and that anyone who says otherwise is either misinformed or deliberately misleading the people. He noted that he is supportive of the usage of city-owned facilities by and employment of persons regard- less of race, ethnic background, religious, sexual orientation, physical disabilities, age or gender. He also noted that this is a policy of the City, that he supports it, that it has been reaffirmed in the City' s Policy Manual, and that he will continue to implement it. The Mayor stated that it is unfortunate when individuals would make such outrageous statements either from ignorance or in an effort to harm him but, in any case, the statements are untrue. He apologized to anyone who may have been unnecessarily upset or disturbed. Councilmember Woods echoed Mayor White' s comments and expressed her appreciation to Mr. Harvey, Mr. Tucker, and Mr. Drake for their comments this evening. She noted that she agrees with almost all of the comments completely, and that the City 3 Kent City Council Minutes July 15, 1997 PUBLIC has hoped to make more progress with Affirmative COMMUNICATIONS Action. Woods, however, cautioned Mr. Drake about his comments regarding the Mayor because there is a difference between comments which were in print versus reported comments that were wit- nessed by an individual. Woods explained that she was in a room where that accusation was made about the Mayor, in his absence, and that she was troubled by the comment. She suggested to the Mayor that he never again have a conversation with the individual alone because unless it is in print, on TV, or on radio, there is the risk of breaking down our community by labeling people in an inappropriate way. She noted that because all Council meetings are televised, citizens and public officials have a responsibility to be very careful about labeling people. She noted that the Mayor and she disagree on many things, but if that comment had been made about anyone else here in public, she would have made the same defense of them. She noted that there was no documenta- tion where the Mayor had made such a comment. Orr noted that a couple of issues were made which she feels should be addressed. She requested that a committee look at what the City policy is on diversity, diversity training, and affirmative action. Operations Director McFall noted that these issues should be directed to the Operations Committee first and then the Operations Committee can present the policies, provide explanations of legal status and how it impacts the policies that the City may or may not adopt, and get Council direction from there. Mayor White announced that he will be forming a Diversity Task Force within the next two weeks and naming members to it. He asked Council to submit any names they would like to have serve on this task force. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through G be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Apyroval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 1, 1997 . 4 Kent City Council Minutes July 15, 1997 HEALTH & (CONSENT CALENDAR - ITEM 3E) SANITATION Russell Short Plat. AUTHORIZATION to accept the bill of sale for Russell Short Plat submitted by Michael A. Russell & Sonja D. Russell for con- tinuous operation and maintenance of 230 feet of street improvements, 20 feet of storm sewers, and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located in the vicinity of South 222nd Street and 94th Avenue South. PLATS (OTHER BUSINESS - ITEM 4A) Pacific Terrace Final Plat FSII-96-12 . This date has been set to consider the Pacific Terrace Final Plat. The plat is 4 .79 acres in size and is located at 10605, 10707, and 10717 SE 248th Street. The preliminary plat was approved by the City Council on August 61 1996. ORR MOVED to approve the Pacific Terrace Final Plat with 23 conditions, as recommended by staff. Houser seconded and the motion carried.. (OTHER BUSINESS - ITEM 4B) Swan Court Final Plat rOU-95-4. This date has been set to consider the Swan Court Final Plat. The plat is 4.57 acres in size and is located south of SE 240th Street between 112th Avenue SE and 114th Place SE, if extended. The preliminary plat was approved by the City Council on July 16, 1996. ORR MOVED to approve the Swan Court Final Plat with 25. conditions, as recommended by staff. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) Country Vier Estates II Final Plat. This date has been set to consider the Country View Estates II Final Plat. The plat is 3 . 65 acres in size and is located at 22600 100th Avenue SE. The preliminary plat was approved by the City Council on July 16, 1996. ORR MOVED to approve the Country View Estates II Final Plat with 20 conditions, as recommended by staff. Houser seconded and the motion carried. 5 Kent City Council Minutes July 15, 1997 PUBLIC WORKS (CONSENT CALENDAR - ITEM 3D) site Manager Position - Green River Natural Resources Enhancement Areas AUTHORIZATION to create a Site Manager position for the Green River Natural Resources Enhancement Area project to be funded out of the drainage utility, as recommended by the Operations Committee. The final pay scale will be determined by Employee Services following creation of a job description. (CONSENT CALENDAR - ITEM 3F) 277th Corridor Pedestrian Bridge. ACCEPT as complete the S. 277th Corridor Pedestrian Bridge project and release of retainage to DMB Contractors upon standard releases from the State, and release of any liens, as recommended by the Public Works Director. The original contract amount was $495 ,843 .72. The final Construction cost was $539, 144 . 58. The overage was due to the purchase of additional required material for the project after the bid was released. Adequate funds exist within the pro- ject budget to cover this overage. (BIDS - ITEM 5A) Bowen Scarff/Mill Crook Bypass Culverts. The bid opening for this project was held on July 9th with seven bids received. The low bid was sub- mitted by R. L. Alia Company in the amount of $415, 264 . 68 . The Engineer' s estimate was $488, 184. 15. The project consists of building a large diameter storm drain bypass in the vicinity of the Bowen Scarff Ford dealership to alleviate a bottleneck in the Mill Creek system which has caused flooding in the past in this vicinity. It is the recommendation of the Public Works Director that upon the Public Works Department' s receipt of all required permits, the Mill Creek Storm Drainage Improvements at Bowen Scarff contract be awarded to R. L. Alia Company for the bid amount of $415, 264. 68 . CLARK MOVED that upon the Public Works Department's receipt of all required permits, the Mill Creek Storm Drainage Improvements at Bowen Scarff contract be awarded to R.L. Alia Company for the bid amount of $415,264.68 . Houser seconded and the motion carried. 6 Kent City Council Minutes July 15, 1997 TRAFFIC (PUBLIC HEARINGS - ITEM 2A) CONTROL LID 347 Final AaseasmOUt Roll. This date has been set for the Public Hearing on confirmation of the Final Assessment Roll for LID 347 - Meeker Street/Russell Road Traffic Signal. Public Works Director Wickstrom noted that LID 347 was formed in May, 1996 for the purpose of installing an 8-phase signal at the inter- section of Russell Road and to put a southbound right turn lane on Russell Road and Meeker Street along with some rework of the intersection to improve site distance. Wickstrom pointed out the LID boundaries for Council and noted that only properties that take access off of Russell Road or have frontage on Russell Road were included in the LID assessment. He explained that the total cost for the project was originally $238,000. 00 but that the final cost actually came to $206,746.16 which repre- sents about a 13% reduction in cost. He noted that the amount being assessed was about 42% of the cost of the project, and that the City picked up the rest not counting the City,s assessed properties. Wickstrom explained how the pro- perties were assessed and how the assessments were distributed. He noted that� the properties involved are commercial-type properties where improving access to and from the property means potential improvement to their businesses. Wickstrom explained that if Council approves an ordinance confirming the Final Assessment Roll, then any portion of the assessment can be paid up to 30 days and the remaining balance is paid over a 10-year period with interest. Clark noted that the City has a number of other projects going on which are trying to deal with the traffic flow in this area and that these projects are on a time line. He emphasized that this project is not a simplistic tier for the jam up of traffic. Wickstrom noted that over the long haul, the City is looking at a new East-West Corridor which would be the 228th Corridor connecting West Valley Highway along 228th, up to Military Road and SR 516 & I-5 . He noted that this would -be done over the next 10-year period. 7 Kent City Council Minutes July 15, 1997 TRAFFIC Bennett noted that with Russell Road being part CONTROL of a recreational corridor and not having any place to walk, he had hoped the City would, in the future, look into making it a more user- ' friendly area. Wickstrom noted for Bennett that the City recognizes this area as a problem and that they will look at including it as a part of the sidewalk improvements in the future. Mayor White opened the public hearing. There were no comments from the audience and CLARK MOVED to close the public hearing. Woods seconded and the motion carried. CLARK MOVED to adopt Ordinance No. 3354 establishing the Final Assessment Roll for LID 347 - Meeker Street/Russell Road Traffic Signal; and to make the Public Works Director memorandum a part of the record. Houser seconded and the motion carried. PLANNING (CONSENT CALENDAR - ITEM 3C) Planning Assistant Position. AUTHORIZATION to convert the Planning Intern position (an 8-month position) in the Planning Department to a regular, full-time Planning Assistant position, with benefits, as recommended by the Operations Committee. The final pay scale level will be determined by Employee Services following creation of a job description. The Planning Department has the funding resources to pay for this position through December 21, 1997, with unused salaries, and then incorporate it into the 1998 Salaries and Benefits Schedule. CURFEW (OTHER BUSINESS - ITEM 4D) curfew for Juveniles. This date is set for con- sideration of the proposed curfew ordinance to be submitted to the voters as a ballot proposition. The proposed ordinance would repeal the existing curfew law adopted in April 1995 by the voters pursuant to an initiative petition, and will replace the existing curfew with a new curfew law added to Title 9 of the Kent Criminal Code. Also included for further consideration is a second ordinance authorizing the placement of the curfew ordinance on the ballot at the fall primary election, if possible, or the next available election. 8 Kent City Council Minutes July 15, 1997 CURFEW City Attorney Lubovich explained that the new ordinance is the same as the existing one in that it is a curfew and parental responsibility ordi- nance. He explained that it is a violation for both the juvenile to violate the curfew and the parent to allow or aid a juvenile in violating the curfew. He recapped for the Council what the new curfew ordinance provides as follows: (1) it pertains to juveniles under 18 years of age; (2) the hours are 12: 01 a.m. to 6: 00 a.m. daily; (3) it is not a violation of the curfew if the juvenile is accompanied by a parent or guardian; (4) the juvenile is traveling to or from an official school, religious or recreational activity; (5) the juvenile is involved in an emergency; (6) the juvenile is in a motor vehicle engaged in Interstate travel; (7) the juvenile is on the side walk of his/her home or that of a neighbor; (8) the juvenile is on an errand pursuant to written instructions from a parent or guardian; (9) the juvenile is engaged in lawful employment or traveling to or from such employ- ment; (10) the juvenile is exercising 1st Amendment Rights; (11) the juvenile is lawfully in an establishment conducting appropriate business in that establishment; (12) the juvenile is going to or from the residence of another; or (13) the juvenile is legally emancipated as pro- vided by State law. Lubovich noted that a Police Officer may stop to question a juvenile and, if necessary, take him/ her into custody pursuant to State law. He noted that the Officer has a choice to take the juve- nile to an individual' s home, to another location as provided by State law which includes the place of employment of the parent or guardian, or to a designated shelter if the parent or guardian cannot be located. He explained that the first violation of this ordinance is a warning, verbal or written; the second violation is a $100 civil infraction; and the third violation over a 12 month period is a $250 civil fine or infraction. Lubovich explained that the proposed ordinance would repeal the current initiative petition that was enacted or passed by the voters as Initiative Petition 101, and that it would create a new curfew law as presented this evening. He also explained that included in the Council's packet 9 Kent City Council Minutes July 15, 1997 CURFEW is the option for voters to repeal the curfew ordinance and not enact a new curfew law, per Orr's request from the last Council meeting. He noted that the ordinances had to be revised in order to include this option but that the revi- sions do not change the substantive provisions of the curfew law but just allows the option for consideration of a repeal. He noted that if this alternative is taken by Council, there would be two proposition ballots. He explained that the first proposition ballot would allow for a repeal of the current curfew law; and that the second proposition ballot would provide that if the first proposition is passed, should a new curfew law be adopted. ORR MOVED to adopt ordinance No. 3355, which submits to the City voters two separate ballot propositions for final passage and approval, the first proposition asking whether to repeal the existing curfew law and the second proposition asking whether, if the existing curfew is re- pealed, to enact a new curfew law to the Kent City Code. Houser seconded. Orr noted that citizens who have recently been annexed to the City have commented that they didn't get to vote on the existing curfew ordi- nance and felt left out of the process. She explained that she approached the City Attorney about the possibility of allowing the new residents an opportunity to vote on this issue since the City has recently annexed approximately 22 , 000-24, 000 people. She noted that the new voters wanted an option to continue with the existing curfew, adopt a new curfew law or whether to have a curfew law at all given all the challenges out there of the expense in fighting legal battles, and especially whether the curfew is enforceable. The motion to adopt Ordinance No. 3355 then carried. Lubovich explained that since the first motion to adopt Ordinance No. 3355 has passed, he recom- mends that the Council also adopt the attached ordinance that would refer the ballot measures to King County Elections to place on the next avail- able election which is the primary and if not done in a timely manner, then place it on the general election. 10 Kent City Council Minutes July 15, 1997 CURFEW ORR MOVED to adopt Ordinance No. 3356 referring to the King County Supervisor of Elections two ballot propositions relating to repeal of the City' s existing curfew law and enactment of a new City curfew law pursuant to Ordinance No. 3355, and further authorizing the City Clerk and City Attorney to take all necessary steps to place these propositions on the Primary Election ballot, or the next available election there- after. Houser seconded and the motion carried. (OTHER BUSINESS - ITEM 4E) Juvenile Curfew and Parental Responsibility Committee Appointments. Participation in the King County Voter Pamphlet for the City's pro- posed new Curfew Ordinance requires Council appointment of two committees of up to three members each, to prepare ballot statements containing arguments "for" and "against" the Curfew Ordinance for the pamphlet. Lubovich recommended that the Mayor be authorized to make the appointments to the committees to prepare ballot statements containing arguments "for" and "against" the curfew ordinance for the voters pamphlet. He explained that the state- ments have to be completed by the- end Of July to get on the primary election and that delegating the Mayor to make the appointments would expedite the process. CLARK MOVED to authorize the Mayor to appoint committees of up to three members each to prepare ballot statements containing arguments "for" and "against" the curfew ballot propositions author- ized pursuant to City Ordinance Nos. 3355 and 3356 as provided by law. Orr seconded and the motion carried. Mayor White urged the Council to submit names of citizens who would like to serve on these com- mittees to his office by tomorrow or Thursday so that the process can move forward. PARKS & (OTHER BUSINESS - ITEM 4F) RECREATION Riverbend Golf Complex Managemout Services Evaluation Committee. The Mayor would like to submit for Council confirmation the names of seven (7) individuals who have been contacted and indicated their willingness to serve as members 11 Kent City Council Minutes July 15, 1997 PARKS & of the Riverbend Golf Complex Management Services RECREATION Evaluation Committee. He has also appointed three (3) Ex-Officio (non-voting) members. The purpose of the committee is to evaluate the proposers for the management of the Riverbend Golf Complex. The City Council voted on March 4, 1997, to create a committee to evaluate the proposers for the management and operation of the Riverbend Golf Complex and that committee would then make a recommendation to the City Council. Mayor White noted that Rev. Donovan Rivers has requested to sit in with the committees as an observer to see how the committees work. WOODS MOVED to confirm the Mayor's appointments to the Riverbend Golf Complex Evaluation Committee. Clark seconded. Houser made a. friendly amendment to the motion to include the following: An addition of two posi- tions to the evaluation committee, names to be picked from the list that the Councilmembers put in and then go to the next committee that meets, either the Operations or Parks Committee, whichever committee meets first. Woods accepted Houser's friendly amendment and Clark seconded the amendment. Parks Director Hodgson explained that the City is trying to meet a July 31st interview deadline. He noted that the next Parks Committee meeting isn't until the first Tuesday in August so he needs to know if there is an operations Committee meeting in the next week. McFall noted that there isn't one scheduled at this time but that one could be scheduled, if needed. He also noted for Houser that the two additional people added to the committee need to be available by July 31st. The motion to confirm the Mayor' s appointments to the Riverbend Golf Complex Evaluation Committee, plus two additional names then carried. 12 Kent City Council Minutes July 15, 1997 COUNCIL (CONSENT CALENDAR - ITEM 3G) (ADDED BY COUNCIL PRESIDENT HOUSER) Council Absence. APPROVAL of an excused absence from tonight's meeting for Councilmember Johnson. FINANCE (CONSENT CALENDAR - ITEM 3B) Apvroval of Bills. APPROVAL of payment of the bills received through May 30 and paid on May f o 1997, with the additional approval of payment of bills received through June 16 and paid on June 16, 1997 after auditing by the Operations Committee on July 1, 1997. Approval of checks issued for vouchers: Date Check NAM be Amount 5/30/97 184656-184896 $ 509, 499. 66 5/30/97 184897-185273 1, 760 , 962. 33 $2 , 270, 461.99 6/16/97 185274-185537 $11624, 513 . 66 6/16/97 185538-185924 891 758. 94- $2, 516,272. 60 NoRroval of checks issued for payroll for June 16 through June 30, 1997 and paid on July 3, 1997: Check Numbers Amount 7/3/97 Checks 220750-221124 $ 266, 751.33 7/3/97 Advices 47394-47871 625 .544.88 $ 892, 296.21 REPORTS Council President. Houser reminded the Council- members that on Monday, July 21st, at 8 :30 a.m. there will be a meeting with Lyle Sumek held in the Council office. Public Works Committee. Clark noted that the next meeting will be held tomorrow afternoon. Planning Committee. Orr noted that the next meeting will be held on August 19th at 4:00 p.m. Parks Committee. Woods noted that the next official Parks Committee meeting will be held on Tuesday, August 5th. She assured the Council that the Golf Evaluation Committee will have an opportunity to make a presentation at this meet- ing and also at the full Council meeting when that issue is to be determined. 13 Kent City Council Minutes July 15, 1997 REPORTS Orr suggested to the Mayor that at the end of the meeting on Monday with Lyle Sumek perhaps some- thing could be scheduled with the Parks or Operations Committee members to address the issue of adding two additional people to the committee. It was the consensus of the Council to do so. Administrative Reports. McFall noted that an executive session of approximately 15 minutes has been scheduled to discuss negotiations for property acquisition. He noted that there is possible Council action anticipated. EXECUTIVE The meeting recessed to executive session at SESSION 8 :00 p.m. and reconvened at 8:45 p.m. (Property HOUSER MOVED that the Mayor be authorized to Acquisition) execute necessary documents and agreements to accept assignment of a purchase and sale agree- ment for a parcel located at approximately SE 259th Street and South Central from Sound Ventures Inc. to purchase said property and to authorize establishment of a budget not to exceed $250, 000. 00 in the Capital Improvement Program _- Fund for such purchase. Woods seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:47 p.m. S0,7 Lljazu�- Donna Swaw Deputy City Clerk 14 Kent City Council Meeting Date August 5 1997 Category Consent Calendar 1. SUBJECT: 1998 BUDGET WORKSHOP - SET DATE SUMMARY STATEMENT: Authorization to set August 191 1997, at 5: 30 p.m. , as the date for a Council Workshop on the 1998 Budget. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director May Miller (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C Kent City Council Meeting Date August 5 1997 Category Consent Calendar 1. SUBJECT: 1998 BUDGET & CIP - SET HEARING DATE 2 . SUMMARY STATEMENT: Authorization to set August 19, 1997 ,. as the public hearing date for the 1998 Budget and CIP. 3 . EXHIBITS• None 4 . RECOMMENDED BY: Finance Director May Miller (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. 3D Kent City Council Meeting Date August 5 1997 Category Consent Calendar 1. SUBJECT: URBAN RESOURCES PARTNERSHIP GRANT - ACCEPT AND ESTABLISH BUDGET 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Public Works Director to sign the Urban Resources Partnership Grant, direct staff to accept the grant for $3,540, and establish a budget. The City match of $5, 600 is included in the existing project budget. This Grant is designated for youth participation at the native plant nursery in the Green River Natural Resources Enhancement Area. 3 . EXHIBITS: Grant agreement, Public Works Committee minutes, and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E King Conservation District Memorandum of Agreement Urban Resources Partnership Grant This Memorandum of Agreement is written to formalize an agreement between the Urban Resources Partnership (PARTNERSHIP), acting through its fiscal agent, the King Conservation District (DISTRICT), and City of Kent Department of Public Works (GRANTEE and FISCAL AGENT) to carry out Youth Horticulture Apprenticeship Program (PROJECT), KCD96YouthHort (Project Code). I. Period and Total Grant Award The DISTRICT will reimburse the GRANTEE up to S 3,540 to complete the PROJECT. Such reimbursement shall constitute full and complete payment by the PARTNERSHIP under this Agreement. The tern of this Agreement shall be January 1, 1997 through Decemeber 31, 1997. H. Project Description/Location Project Description. The goals of the program are to provide education, work skills and training to youth-at-risk from the local Kent community. Participating youth will work at a native plant nursery, collecting and cultivating native plants for use at a 300 acre storm water detention/en- hanced wetland facility. Through their work on this PROJECT, participating youth will learn about the functions and values of wetlands, wildlife, native plants, and collecting seed/cuttings, and will apply their new knowledge in a practical job training program in environmental restora- tion and storm water management. The City of Kent has transformed an abandoned sewage lagoon system into a combined storm water detention/enhanced wetland facility which , in addition to managing stormwater runoff, will also increase habitat available for wildlife species currently using the site. The landscaping portion of the project will begin fall 1997. The native plant nursery will be constructed to supply native wetland, riparian and upland buffer plants for the combined stormwater detention/enhanced wetland facility. It will also provide a permanent location for housing salvaged native plant material. Over the next five years the nursery will provide over 100,000 native plants for the 300 acre storm water detention site. Project Location. Green River Natural Resources Enhancement Area. Memorandum of Agreement 9 page 1 of 6 III. Project Work Plan _. Activity Start Date Completion Date Training and orientation 9/15/97 9/26/97 Sow seeds, monitor plants for seed collection 9/27/97 12/31/97 Transplant seedlings, monitor plants, collect seed 9/27/97 1251/97 Transplant, collect seed. cut softwood/hardwood whips 9/27/97 12/31/97 IV. Project Maintenance The GRANTEE agrees to maintain the site for five(5) years as follows: The City of Kent will maintain and manage the entire PROJECT, including the stormwater detentionienhanced wetland facility and native plant nursery/salvage program. V. Project Budget The DISTRICT shall reimburse the FISCAL AGENT its allowable costs as identified in this Agreement , not to exceed S 3,540 Such reimbursement shall constitute full and complete payment by the PARTNERSHIP under this Agreement. Allowable costs shall mean those directly related and necessary to the PROJECT and approved by the DISTRICT as outlined below and those which have been paid or obligated by the FISCAL AGENT and GRANTEE. Supplies/Equipment Goods/Services $9,140 Fiscal Agent - Liability Insurance - Other - Total S Request: S 3,540.00 Total S Awarded: S 3,540.00 VI. Minimum Match Required The GRANTEE shall insure that the Match component of the PROJECT is fulfilled as described below. Failure to generate the minimum Match will be cause for the DISTRICT to withhold payment of invoices Memorandum of Agreement•page 2 of 6 against this Agreement or withdraw from all obligations o:this Agreement. The total Match required is 100% of grant award. Supplies/Equipment Goods/Services $5,600 Volunteer Labor/Services Fiscal Agent(Liability Insurance - Other Total Match Required: $ 3,540.00 Total Match Proposed: $ 5,600.00 The DISTRICT does not require that each monthly reimbursement request include Matched funds of 100%. However, the GRANTEE will insure that the total Match proposed in the Application is provided by PROJECT completion(section I). VII. Project Budget or Match Revision All revisions to the PROJECT budget must receive prior approval by the DISTRICT. The DISTRICT will not be responsible for any cost overruns or budget revisions incurred prior to its approval. VM.Reimbursement The DISTRICT shall reimburse the FISCAL AGENT only for expenses as outlined in section V, provided the expenditures are made after the PROJECT'S start date and before the completion date (section I). The DISTRICT cannot advance any funds and makes reimbursement based only on actual cash spent or expenses incurred. It will take from 10 to 14 working days, after submitting a properly executed invoice, to receive reimbursement. The DISTRICT cannot make direct payment to vendors. Invoices shall be accompanied by legible copies of receipts, purchase orders, payroll records, or vouchers which document the expenses claimed. The DISTRICT reserves the right to withhold reimbursement pending timely delivery of a properly executed Invoice, Match Expenditure Statement, Progress Report, Final Report, or other documents as required under this Agreement DL Project Reporting A. Reporting Information: Progress Reports and Match Expenditure Statements shall be completed and submitted with each invoice by the FISCAL AGENT to the DISTRICT, Attention: Jack Davis, using the forms provided by the DISTRICT. It is the responsibility of the GRANTEE to complete the Progress Reports(and Final Report)and Match Expenditure Statements and provide them to the FISCAL AGENT in a timely manner. B. Match Expenditure Statement: The Match Expenditure Statement should be submitted with copies of documents that verify the donated cash, goods, services and labor expended during the reporting period. Documentation may include volunteer time sheets, letters from professionals identifying Memorandum of Agreement•page 3 of 6 their donation and its value, vendor receipts for donated goods, or receipts for items purchased with funds raised by the GRANTEE. C. Progress Report: The GRANTEE shall submit a Progress Report with each Invoice. Progress Reports summarize the work completed during a reporting period. When submitting a progress report, the GRANTEE shall provide a copy of all written materials developed during the reporting period to help document the progress of the PROJECT. Supporting materials include PROJECT meeting or event announcements,PROJECT meeting minutes, draft reports, final reports, work party photographs, newspaper/newsletter articles, contractor contracts, design drawings, etc. D. Final Report: The GRANTEE shall submit a completed Final Report form which summarizes the PROJECT'S successes and lessons learned. The Final Report shall be submitted with a final Invoice within 30 days of completing the PROJECT. X. Permit Requirements and Approvals Prior to proceeding with the PROJECT, the GRANTEE shall insure that any and all applicable permits or approvals are received. M. Recognition of URP Contribution The GRANTEE shall insure that the PARTNERSHIP's contribution is acknowledged in written materials such as brochures, fliers, reports, and newspaper/newsletter articles; project signs; media presentations such as video tapes,television and radio broadcasts; and oral reports and presentations. The Puget Sound Urban Resources Partnership office should be included on mailing lists that receive invitations to events related to the PROJECT. The address is: Puget Sound Urban Resources Partnership. UW Box 355740, Seattle, WA 98195-5740. Telephone: (206) 543-7303. FAX: (206) 616-2685. XII. Record Keeping A. All recipients of Federal funds are required to meet audit requirements of OMB Circular A-128 and comply with all of the provisions of 7 CFR Part 3016. B. The DISTRICT shall have unrestricted authority to publish, disclose, distribute and otherwise use in whole or in part, any report, data, or other materials prepared under this agreement. C. Unless specified otherwise in this Agreement, the following conditions apply to properties used in this PROJECT. 1. Property loaned by private persons, State or Federal agencies or the DISTRICT shall be returned to the owner at the termination of contract or as otherwise provided for in written agreement between the GRANTEE and property owner prior to termination of contract. I. At contract termination, property donated shall become the property of the GRANTEE or person specified by the donor, otherwise the property shall become the property of the DISTRICT. Memorandum of Agreement• page 4 of 6 3. The use of DISTRICT owned or funded property shall only be used for the purposes set forth in the Agreement and the GRANTEE shall be responsible for all maintenance, unless otherwise agree. 4. The GRANTEE shall be financially liable for loss, damage or disappearance of any DISTRICT owned or funded property entrusted to the GRANTEE and shall report such loss, etc.,to the DISTRICT immediately. The GRANTEE remains responsible for all such property until relieved of responsibility in writing by the DISTRICT, or until such property is returned to the DISTRICT. 5. The GRANTEE shall provide permanent identification markings on all DISTRICT owned or funded properties acquired and shall maintain completed inventory records as required by the DISTRICT. Cost reimbursement shall be contingent upon satisfactory compliance with these requirements. 6. Any real property under the GRANTEE's control, that is acquired or improved in whole or in part, per the terms of the Agreement, must continue to be used for PROJECT purposes or other public purposes approved by the DISTRICT for such periods of time as determined by the DISTRICT. 7. Income derived from sale of items produced by this PROJECT or memberships sold will be the property of the DISTRICT. Such funds will be held in an account established by the GRANTEE and properly reported during the project and in the final report. Disposition of these funds will be determined by the DISTRICT at conclusion of the PROJECT. JM. Idemnification A. In providing services under this Agreement, the GRANTEE is an independent contractor, and neither its agents, employees, or volunteers are employees of the DISTRICT for any purpose. The GRANTEE shall be responsible for all federal and state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. B. The GRANTEE shall indemnify, hold harmless, and defend the DISTRICT, its officers and employees, against any and all liability, loss, cost, damages, expenses, claims or actions, including attorney fees, which the DISTRICT its officers and employees may hereinafter sustain, incur or be required to pay arising solely out of or by reason of any act or omission of the GRANTEE in the execution, performance or failure to adequately perform hereunder. The DISTRICT shall indemnify, hold harmless, and defend the GRANTEE, its officers, employees and volunteers against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys fees, which the GRANTEE, its officers and employees may hereinafter sustain, incur or be required to pay arising solely out of any act or omission of the DISTRICT in the execution, performance, or failure to adequately perform hereunder. C. The GRANTEE shall obtain and maintain, continuously, public liability insurance and/or other insurance necessary to protect the public within limits of liability, not less than S1,000,000 Combined Single Limit/Bodily Injury, and Property Damage with appropriate coverage endorsements to include Broad Form Contractual, Broad Form Property Damage, Contractor's Protective, Auto and Non-owned Auto, where such additional endorsements are applicable. Any insurance required hereunder shall be placed with an insurer with a"Best Insurance Guide" rating of Memorandum of Agreement• page 5 of 6 C. insurance ne ect the public within limits of liabili ,000,000 Combined Single Limit/Bo t y e with appropriate coverage endorsements to include B actua, erty Damage, Contractor's Protective L on-owned Auto, where such addition en cable. Any " of not less than A+. The DISTRICT wilt be notified 30 days in advance of any cancellation of the insurance. If the GRANTEE is self insured, the GRANTEE must provide the DISTRICT certification of financial responsibility for at least the limits specified in this paragraph. XIV. Changes Either party may request changes to this Agreement. Changes that are mutually agreed upon by the GRANTEE and the DISTRICT shall be incorporated in written amendments to the Agreement prior to execution. XV. Contact Person Communication between the DISTRICT, GRANTEE and FISCAL AGENT shall occur between the following individuals: A. GRANTEE B. FISCAL AGENT C. DISTRICT Bill Wolinska Paul Scott Jack Davis 220- 4'b Ave. South same 935 Powell Ave. Kent WA 98032 Renton, WA 98055 (206) 859-3383 (206) 226-4867 Don Wickstrom, City of Kent,Director of Public Works Date r � 3 ZI/ Signature STRICT Date Memorandum of Agreement• page 6 of 6 PUBLIC WORKS COMMITTEE JULY 16, 1997 PRESENT: Tim Clark Gary Gill Judy Woods Robvn Bartelt Don Wickstrom ABSENT: Connie Epperly Urban Resources Partnership Grant Agreement �Y Wickstrom stated that this is a grant we received thru King County Conservation District which allows the City to provide education, work skills and training to youth-at- risk from the Kent communitv. The Grant award is designated for youth participation at the native plant nursery in the Lagoon property site. - In response to Clark, Wickstrom said that Council has just authorized the Site Manager position at the Lagoon property site. We also need to award the nursery facility. We recently awarded a contract of approximately $500,000 for Wetland Restoration at the site. The Site Management position which Council authorized will cut our consultant costs and oversee that property site. Committee unanimouslv recommended authorizing the Public Works Director to sign the Grant Agreement and direct staff to accept the grant of S3,540 and establish a budget for same. Lake Washington/Cedar River Watershed Agreement Wickstrom explained that this is an Agreement thru Lake Washington/Cedar River Forum for the purposes of studying the funding and Management of the fisheries on Lake Washington. The salmon population has been declining over the ,years and this is essentially trying to find out why and what can we do to restore the fisheries in the lake and in the Cedar River basin. We are involved in the participation of this study because our Clark Springs Facilities is in that basin. Kent's share is S 1,000 - it is a three year program; each year the budget and scope of work would be reviewed and we can drop out at anytime. The loss would be the amount of money we spent. Because we have a water facility that is critical to our citv and we need to be a good neighbor with respect l to fish habitat and the maintenance of fish habitat, we should be participating. Clark noted that he read where the level of the Howard Hansen dam is being raised and asked if that feeds into the Cedar River. Wickstrom explained that it feeds into the Green River. He said we are involved in that project; it's part of the Second Diversion Water Supply project that we are involved in with Tacoma. He said it's not raising the dam, it's raising the summer pool. Right now there is 25,000 acre feet rf storage at the beginning of summer and drains during the summer time for both Tacoma's water supply and fish flow passage. Under the proposal, it's to increase that by another 20,000 acre feet of storage starting July lst. That would give us water because we are a member participating in that project. Wickstrom explained that's a water supply project that has been in existence since 1985 - we have been working on that project ever since in terms of securing partners. He said there are three partners in that project: Tacoma, Seattle and three utilities including Kent in the South King County. Seattle has executed an agreement in concept and support for the project at this time. We will be back to the Committee on a similar agreement. Wicicstrom said that if everything were to fall into place, full operation of the project would occur in 2004. Committee unanimously recommended authorizing the Public Works Director to sign the Lake Washington Studies Interlocal Agreement and concur with the City's contribution for same. S. 200th St/Green River Bridge Preload - Acceptance Wicicstrom noted that this was before the Committee because we are over 10% of the original bid amount. He explained that Council authorized award of this contract subject to right of way acquisition and permit approval in 1996. Negotiations for the property took a long time and as a result of those negotiations, we raised the road elevation approximately 8 feet. The trade-off was, they would give us the property for improvements. We convinced the Countv that this was a good deal and it was the 8 feet of additional height that changed the quantities in the original contract. Committee unanimously recommended that the S. 200th Street Green River Bridge West Approach Preload project be accepted as complete. In response to Clark, Wicicstrom noted that we are dealing with pieces of the 196th Street corridor at a time. These pieces of the whole project need to be done in phases. Wicicstrom said there will be an LID sometime this Fall on this corridor project and the last two construction projects should be awarded in 1998. 2 " DEPARTMENT OF PUBLIC WORKS Jule 16, 1997 TO: Public Works Committee FROM: Don Wickstrom RE: Urban Resources Partnership Grant - Agreement We have received a Grant Agreement from the Urban Resources Partnership, acting through the King County Conservation District, to carry out the Youth Horticulture Apprenticeship Program. The goals of the program are to provide education, work skills and training to vouth-at-risk from the Kent community. The Grant award is 53,540 and is designated for youth participation at the native plant nursery in the Green River Natural Resources Enhancement Area. The City match of 55,600 is included in the existing project budget. ACTION: Recommend authorizing the Public Works Director to sign the Grant Agreement and direct staff to accept the grant of $3,540 and, establish a budget for same. Kent City Council Meeting Date August 5. 1997 Category Consent Calendar 1. SUBJECT: LAKE WASHINGTON/CEDAR RIVER WATERSHED FISHERIES STUDY - PAYMENT 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to participate in funding and management of the Lake Washington studies of fish habitat in the Lake Washington and Sammamish watersheds. Kent' s partici- pation results from our Clark Springs Watershed property lying within the Lake Washington/Cedar River Watershed. Payment in the amount of $1, 000 would come out of the Water operating budget. This is a three-year program and will be reviewed annually. 3 . EXHIBITS: Agreement, Public Works Committee minutes, and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3F LAKE WASHINGTGN STUDIES: PRINCIPLES FOR AN INTERLOCAL AGREEMENT Key Groups: • Lake Washineton/Cedar River and Sammamish Forums: Lake Washington Forum will receive regular presentations on findings and progress. Sammamish Forum will receive written reports and presentations on request. Both forums will discuss study recommendations and responsibilities to implement them. • Lake Washington Studies Executive Committee: Made up of elected officials or citizen representatives from all local governments contributing to the studies, including governments active in the Sammamish Forum. Is expected to meet in conjunction with Lake Washington Forum meetings. Initially, each government will have one vote, but is expected to establish weighted voting, based partly on contribution levels. Responsible for approving work plans and budgets of studies. • Project Management Committee: Made up of staff designees from participating governments; may include representatives of other fenders, as approved by the Executive Committee. Responsible for general project management (review study scopes, budgets, reports, etc.) and recommendations to Executive Committee. Lead - staff will be watershed coordinator. • Technical Committee: Made up of scientific staff from key agencies, as approved by the Project Management Committee. Initially, will be same technical committee that has overseen the Lake Washington Studies up to now, chaired by Department of Fish and Wildlife representative. • Financial Administrator: King County will receive and disburse funds, receiving in- kind credit up to $5,000 against its contribution to the studies. Other Key Terms: • Duration: Three years (through 1999), with option for participating governments to renew. • Billings: Once a year. • Work Plans: 1997 will be attached; Executive Committee must approve work plans and budgets for 1998 and 1999. • Termination: Any jurisdiction that chooses not to contribute in future years will thereby terminate its participation in the agreement and the Executive Committee. AGREEMENT FOR MANAGEMENT AND FUNDING OF THE LAKE WASHINGTON STUDIES This Agreement is made and entered into by the local governments signing it, collectively known as the "Participants." The Participants are a subset of the city and county governments that have jurisdiction within the Lake Washington and Sammamish watersheds, which qualifies them for membership in the Lake Washington/Cedar River and Sammamish Watershed forums. This currently includes the towns and cities of Beaux Arts Village, Bellevue, Bothell, Brier, Clyde Hill, Edmonds, Everett, Issaquah, Hunts Point, Kent, Kirkland, Lake Forest Park, Lynnwood, Medina, Mercer Island, Mill Creek, Mountlake Terrace, Newcastle, Redmond, Renton, Seattle, Shoreline, Woodinville and Yarrow Point, and the counties of King and Snohomish. A local government may be a member of the Lake Washington/Cedar River or Sammamish Watershed forums and participate in their discussions without becoming a Participant in this Agreement. To become a Participant in this Agreement, a member of the forums must contribute funding to the Lake Washington Studies under terms of this Agreement. I. Recitals WHEREAS, the Lake Washington/Cedar River and Sammamish Watershed Forums are dedicated to developing and coordinating regional actions to address fish habitat, flooding and water quality concerns in their respective watersheds; and WHEREAS, sockeye salmon are by far the most numerous anadromous fish species in the Lake Washington and Sammamish watersheds; and WHEREAS, all juvenile anadromous fish in the Sammamish watershed must pass through Lake Washington to reach marine waters; and WHEREAS, throughout the 1970s and 1980s, adult sockeye returned to the Lake Washington and Sammamish watersheds in large enough numbers to support the most valuable recreational fishery in the State of Washington; and WHEREAS, survival rates of juvenile sockeye in Lake Washington appear to have been below normal since the mid-1980s, reducing adult returns and placing the future of the run at risk even after implementation of recent and proposed regional investments of tens of millions of dollars to protect and enhance fish habitat in the Lake Washington and Sammamish watersheds; and WHEREAS, scientists do not know the reasons for the low survival rates of juvenile sockeye in Lake Washington but have formulated some promising hypotheses, which are being tested as part of a program known as the "Lake Washington Studies"; and WHEREAS, the Participants believe that the region has compelling w environmental, cultural and economic interests in carrying out the Lake Washington Studies; and 1 WHEREAS, the Participants believe that the studies will be best conducted and their recommendations best implemented if they are managed and funded through a partnership that involves local governments; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the Participants are each authorized to enter into an agreement for cooperative action; NOW THEREFORE, the Participants agree as follows: II. Purpose This Agreement establishes the basis for joint funding and management of the Lake Washington Studies by the Participants, who believe that without further study and informed action, sockeye salmon runs in the Lake Washington and Sammamish watersheds are likely to dwindle. The Lake Washington Studies are intended to recommend actions that address, at a minimum, four broad questions: • Are young sockeye dying because of food shortages in the lake? • Are lake predators eating large numbers of young sockeye? • Are there structural and operational improvements that should be made to the Ballard Locks to improve fish passage to and from Puget Sound? • Why, in some years, do survival rates for sockeye from the Sammamish system seem to be significantly better than those for sockeye from the Cedar River? Continuation of the studies and implementation of their recommendations should allow the region to realize full value from the tens of millions of dollars that it is investing in habitat protection and enhancement, hatchery production, and other fish management actions. This Agreement also provides the flexibility to receive additional funding for the studies from federal, state and private sources, consistent with a goal of raising half of their cost from non-local sources. M. Effectiveness and Duration This Agreement is effective upon signature by at least five Participants, whose financial contributions in 1997 must equal at least 75% of the total to be raised from Participants for the year. This Agreement will remain in effect until December 31, 1999, unless extended by written amendment by the Participants. IV. Project Management A. Executive Committee 1. Membership and Authority A "Lake Washington Studies Executive Committee" (hereinafter known as the "Executive Committee"), made up of one elected official or citizen designee representing each of the Participants, 2 shall be established to oversee performance of the studies. The Executive Committee shall determine the work plan and budget of the studies, except as it may delegate to the Project Management Committee (described in Section III.B. of this Agreement). The Executive Committee shall also determine the requested annual financial contributions of individual Participants toward the studies and may approve additional members for the Project Management Committee, to represent other parties that contribute funding to the studies. 2. Meeting and Voting Rules The Executive Committee is expected to hold most of its meetings in conjunction with meetings of the Lake Washington/ Cedar River Watershed Forum, but may meet at other times, as requested by its chair or four or more of its members. It shall operate under Robert's Rules of Order and shall initially be chaired by a representative of the Bellevue City Council. Representation by a majority of the Participants shall constitute a quorum, as long as this number is at least five. Decisions shall be made by consensus whenever possible but by majority rule when necessary, each Participant initially having one vote. If approved by a majority of the Executive Committee, with votes by proxy allowed, the Executive Committee may amend these voting rules. Such amendment shall become an attachment to this Agreement. B. Project Management Committee 1. Membership and Authority A "Lake Washington Studies Project Management Committee" (hereinafter known as the "Project Management Committee"), made up of the chair of the Technical Committee (described in Section III.C. of this Agreement) and one staff person representing each of the Participants, shall be responsible for general project management of the Lake Washington Studies, including review of budgets, scopes, findings and . recommendations of the studies. It shall make recommendations to the Executive Committee, as specified in this Agreement or requested by the Executive Committee, and shall provide a status report on the studies for every meeting of the Lake Washington/Cedar River Watershed Forum and, as requested, for meetings of the Sammamish Watershed Forum. 3 2. Meeting and Operating Rules The Project Management Committee shall designate a chair and vice-chair, who shall serve at the pleasure of a majority of the committee's members. Meetings shall be held at least quarterly- and also as requested by the chair and vice-chair together, or by the chair of the Executive Committee. Decisions shall be made by consensus whenever possible but by majority rule when necessary, each committee member having one vote. Where it cannot achieve consensus, the Project Management Committee shall incorporate minority views into its reports to the Executive Committee. Formal amendments or additions to these meeting and operating rules must be approved by the Executive Committee and shall become attachments to this Agreement. C. Technical Committee A "Lake Washington Studies Technical Committee" (hereinafter known as the "Technical Committee"), which shall include staff representing agencies conducting the Studies, shall be designated by the Project Management Committee and shall prepare initial work plans, budgets, findings, and recommendations for the Studies, for review by the Project Management Committee. Initially, the Technical Committee shall be the existing Cedar River Sockeye Salmon Technical Committee, chaired by a representative of the Washington Department of Fish and Wildlife. D. Administrator 1. Selection King County shall be the Administrator of this Agreement, unless determined otherwise by the Executive Committee. 2. Responsibilities The Administrator shall provide lead staff support to the Project Management Committee and shall also be responsible for the receipt, accounting, and management of funds made available by the Participants or other sources for conduct of the Studies. Acting at the direction of the Executive Committee, the Administrator shall disburse funds for the conduct of the Studies through interagency agreements or contracts, subject to any applicable public bidding laws and standard procurement procedures. 4 V. Work Plan and Budget The Work Plan and Budget for the Lake Washington Studies in 1997 is attached as Exhibit 1 and incorporated herein. Work Plans and Budgets for 1998 and succeeding years shall be submitted by the Technical Committee to the Project Management Committee by April 30, and by the Project Management Committee to the Executive Committee by July 31, of the previous year. The Executive Committee shall have 60 days in which it may modify the recommended Work Plan and Budget, after which the Work Plan and Budget shall be considered approved and incorporated herein. With due cause, however, based on scientific findings or the availability of funds and after consultation with the Project Management Committee, the Executive Committee may modify the Work Plan and Budget at any time by a two-thirds vote. VI. Responsibilities Each Participant to this Agreement shall: A. Contribute funds for the conduct of the Lake Washington Studies in the amount designated for it in the "Local Cost Allocation" for 1997 attached to this Agreement as Exhibit 2 and incorporated herein. Exhibit 2 shall be amended by new local cost allocations for 1998 and 1999, which shall be approved by the Executive Committee by October 30 of the previous year. Future contributions by the Participants depend upon funding appropriations by the legislative bodies of the Participants. B. Designate an elected official or citizen representative to serve on the Executive Committee and a staff representative to serve on the Project Management Committee. C. Through its designated representatives, review and comment on proposed study budgets, scopes of work, findings and recommendations and vote on study budgets, scopes and other business brought before the Executive and Project Management committees. VII. Financial Arrangements A. Billing and Payment In 1997, the Administrator shall be responsible for billing each Participant for the entire amount of its designated allocation within 30 days after the Agreement has become effective and the Participant has signed it. In 1998 and 1999, the Administrator shall be responsible for billing each Participant for the entire amount of its designated allocation by January 31. Non-payment of invoiced allocations that are more than - 60 days due shall result in the suspension of all rights of the Participant 5 under this Agreement until payment is made. Upon request, the Executive Committee may approve a reduction in a Participant's allocation. B. In-Find Contributions The Executive Committee shall allow the Administrator to receive reimbursement, or to deduct from the contribution designated for it in Exhibit 2, up to $5,000 for reasonable salaries, benefits and overhead charges for its financial management of the Lake Washington Studies, as approved by the Executive Committee. The Executive Committee may also approve reimbursements or deductions for extraordinary services provided by Participants. This is not to include normal service on the Executive and Project Management Committees or, in 1997 and 1998, services provided by the Watershed Coordinator. VHL Ownership of Work Products All work products approved by the Technical Committee, Project Management Committee or Executive Committee shall be the non-exclusive property of all of the Participants. IX. Termination and Amendment A. Any Participant may terminate its role in this Agreement by written notice to the Administrator at any time, but past contributions shall not be reimbursed. B. This Agreement may be amended, altered, or clarified and additional Participants can be added only by written agreement of the Participants hereto, on the recommendation of the Executive Committee. C. This Agreement is not assignable by any Participant, either in whole or in pan. D. This agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. E. The Participants recognize that time is of the essence in the performance of the provisions of this agreement. F. Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the agreement unless stated to be such through written approval by the Participants which shall be attached to the original agreement. 6 G. The Participants represent that funds for the 1997 budget of this project have been appropriated and are available. X. Counterparts This Agreement may be executed in counterparts. XI. Indemnification and Hold Harmless Each Participant shall protect, defend, indemnify, and save harmless the other Participants, their officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgments, and/or awards of damages, arising out of, or in any way resulting from, each Participant's own negligent acts or omissions. Each Participant agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For.this purpose, each Participant, by mutual negotiation, hereby waives, with respect to the other Participants only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that any Participant incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Article, all such fees, expenses, and costs shall be recoverable from the responsible Participant to the extent of that Participant's culpability. IN WITNESS WHEREOF, the Participants hereto have executed this Agreement on the day of 19_. BELOW: Signature blocks for legal staff and elected representatives from all jurisdictions named in introduction. 7 EXHIBIT 2 1997 LOCAL COST DISTRIBUTIONS FOR LAKE WASHINGTON STUDIES King County S142,000 Woodinville S4,000 Seattle S142,000 Medina $3,000 Bellevue S45,000 Lake Forest Park 53,000 Redmond S20,000 Newcastle S3,000 Snohomish County S20,000 Shoreline S3,000 Kirkland S20,000 Clyde Hill $1,000 Renton S15,000 Hunts Point S1,000 Mercer Island S12,000 farrow Point S1,000 Issaquah $6,000 Beaux Arts Village $1,000 Bothell $6,000 Kent $1,000 .Allocations are based primarily on an average of four factors: the percentage of geographic area, population, assessed value and impervious surface that a jurisdiction has within the overall watershed. Final proposed allocations have been rounded up or down based on four additional factors: rounding down for jurisdictions in the Lake Sammamish watershed, rounding up or down based on how much shoreline a jurisdiction has on Lake Washineton or Lake Sammamish; rounding up if a major salmon run returns to a particular jurisdiction; and establishing a S1,000 minimum contribution. PUBLIC WORKS COMMITTEE JULY 16, 1997 PRESENT: Tim Clark Gary Gill Judv Woods Robvn Bartelt Don Wicicstrom ABSENT: Connie Epperly Urban Resources Partnership Grant Agreement Wicicstrom stated that this is a grant we received thru King County Conservation District which allows the City to provide education, work skills and training to youth-at- risk from the Kent community. The Grant award is designated for youth participation at the native plant nursery in the Lagoon property site. In response to Clark, Wickstrom said that Council has just authorized the Site Manager position at the Lagoon property site. We also need to award the nursery facility. We recentiv awarded a contract of approximately S500,000 for Wetland Restoration at the site. The Site Management position which Council authorized will cut our consultant costs and oversee that property site. Committee unanimouslv recommended authorizing the Public Works Director to sign the Grant Agreement and direct staff to accept the grant of 53,340 and establish a budget for same. Lake WashinZton/ edar River Watershed Agreement w Wicicstrom explained that this is an Agreement thru Lake Washington/Cedar River Forum for the purposes of studying the funding and management of the fisheries on Lake Washington. The salmon population has been declining over the years and this is essentially trying to find out why and what can we do to restore the fisheries in the ialce and in the Cedar River basin. We are involved in the participation of this study because our Clark Springs Facilities is in that basin. Kent's share is S 1,000 - it is a three vear program; each year the budget and scope of work would be reviewed and we can drop out at anytime. The loss would be the amount of money we spent. Because we have a �~ water facility that is critical to our city and we need to be a good neighbor with respect 1 to fish habitat and the maintenance of fish habitat, we should be participating. Clark noted that he read where the level of the Howard Hansen dam is being raised and asked if that feeds into the Cedar River. Wickstrom explained that it feeds into the Green River. He said we are involved in that project; it's part of the Second Diversion Water Supply project that we,are involved in with Tacoma. He said it's not raising the dam, it's raising the summer pool. Right now there is 25,000 acre feet of storage at the beginning of summer and drains during the summer time for both Tacoma's water supply and fish flow- passage. Under the proposal, it's to increase that by another 20,000 acre feet of storage starting July 1st. That would give us water because we are a member participating in that project. Wickstrom explained that's a water supply project that has been in existence since 1985 - we have been working on that project ever since in terms of securing partners. He said there are three partners in that project: Tacoma, Seattle and three utilities including Kent in the South IGng County. Seattle has executed an agreement in concept and support for the project at this time. We will be back to the Committee on a similar agreement. Wickstrom said that if everything were to fall into place, full operation of the project would occur in 2004. Committee unanimously recommended authorizing the Public Works Director to sign the Lake Washington Studies Interlocal Agreement and concur with the City's contribution for same. S. 200th St/Green River Bridge Preload - Acce2tance - Wickstrom noted that this was before the Committee because eve are over 10% of the original bid amount. He explained that Council authorized award of this contract subject to right of way acquisition and permit approval in 1996. Negotiations for the property took a long time and as a result of those negotiations, we raised the road elevation approximately 8 feet. The trade-off was, thev would give us the property for improvements. We convinced the County that this was a good deal and it was the 8 feet of additional height that changed the quantities in the original contract. Committee unanimously recommended that the S. 200th Street Green River Bridge West Approach Preload project be accepted as complete. In response to Clark, Wickstrom noted that we are dealing with pieces of the 196th Street corridor at a time. These pieces of the whole project need to be done in phases. Wickstrom said there will be an LID sometime this Fall on this corridor project and the last two construction projects should be awarded in 1998. - DEPARTMENT OF PUBLIC WORKS Julv 16, 1997 TO: Public Works Committee k, FROM: Don Wicicstroma;-, - 0- RE: Lake Washington/Cedar River Watershed - Agreement We have received an Agreement from the Lake Washington/Cedar River Watershed Forum for the purpose of establishing the basis for the joint funding and management of the Lake Washington Studies by the participating cities. The participants believe that without further study and informed action, sockeye salmon runs in the Lake Washington and Sammamish watersheds are likely to dwindle. This is a 3 year program (December 1999) for which the subsequent work program and budget would be reviewed annuallv. Further, we can drop out at anytime and only forfeit the money spent. Kent's contribution to these Studies is S 1,000 for which our participation results from our Clark Springs Watershed property which lies within the Lake Washington/Cedar River Watershed. Monies therefore would come out of the Water Operating budget. This agreement is effective upon signatures of at least five participants, which have been received. However, the Forum is hoping for 100% participation for these studies. ACTION: Recommend authorizing the Public Works Director to sign the Lake Washington Studies Interlocal Agreement and concur with the City's contribution for same. Kent City Council Meeting Date Auaust 5 1997 Category Consent Calendar 1. SUBJECT: S. 200TH ST. /GREEN RIVER BRIDGE PRELOAD - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, accept as complete the S. 200th Street/Green River Bridge Preload project and release of retainage to M.A. Segale, Inc. , upon standard releases from the State, and release of any liens. The original contract amount was $4531550.00. The final construction cost was $522, 195.43 . The overage was due to a higher profile road design negotiated with Segale which resulted in the need for additional material. Adequate funds exist within the project budget to cover this overage. 3 . EXHIBITS: Vicinity map, Public Works Committee minutes, and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3G GLHCIEF. S1 i i i ¢ t 1 � � v v � x 5 190TH Sr I s 1907n sr j r. IV N GREEN a � S e 194TH i ST I tit' $ S 196TH ST I ! S 196TH ST f// Z. O _ IPRIY�1 / ! / v v ?9 le \ N200TH S7 � \ i ll y I I 1i PROJECT LOCATION f Ur 1 S 204TH 97. 'Tilt \�\ 5 209 � ;ll I\ 1 � II y II II �p i ; ------- -------- G.212TH_ST- 1 , 216TH ST c S 216TH S1 / / 4 '/ H� I; I ! S 220TH ST � I PQNOS ' 2zorn S. 200th Street Green River Bridge West Approach Preload to fish habitat and the maintenance of fish habitat, we should be participating. Clark noted that he read where the level of the Howard Hansen dam is being raised and asked if that feeds into the Cedar River. Wickstrom explained that it feeds into the Green River. He said we are involved in that project; it's part cf the Second Diversion Water Supply project that we are involved in with Tacoma. He said it's not raising the dam, it's raising the summer pool. Right now there is 25,000 acre feet of storage at the beginning of summer and drains during the summer time for both Tacoma's water supply and fish flow passage. tinder the proposal, it's to increase that by another 20,000 acre feet of storage starting July 1 st. That would give us water because we are a member participating in that project. Wickstrom explained that's a water supply project that has been in existence since 1985 - we have been working on that project ever since in terms of securing partners. He said there are three partners in that project: Tacoma, Seattle and three utilities including Kent in the South King County. Seattle has executed an agreement in concept and support for the project at this time. We will be back to the Committee on a similar agreement. Wickstrom said that if everything were to fall into place, full operation of the project would occur in 2004. Committee unanimously recommended authorizing the Public Works Director to sign the Lake Washington' Studies Interlocal Agreement and concur with the City's contribution for same. .- S. 200th St/Green River Bridge Preload - Acceptance �Y Wickstrom noted that this was before the Committee because we are over 10% of the original bid amount. He explained that Council authorized award of this contract subject to right of way acquisition and permit approval in 1996. Negotiations for the Property took a long time and as a result of those negotiations, we raised the road elevation approximately 8 feet. The trade-off was, thev would give us the property for improvements. We convinced the County that this was a good deal and it was the 8 feet of additional height that changed the quantities in the original contract. Committee unanimouslv recommended that the S. 200th Street Green River Bridge West Approach Preload project be accepted as complete. In response to Clark, Wickstrom noted that we are dealing with pieces of the 196th Street corridor at a time. These pieces of the whole project need to be done in phases. Wickstrom said there will be an LID sometime this Fall on this corridor project and the last two construction projects should be awarded in 1998. PUBLIC WORKS COMMITTEE JULY 16, 1997 PRESENT: Tim Clark Gary Gill Judy Woods Robyn Bartelt Don Wicicstrom ABSENT: Connie Epperly Urban Resources Partnership Grant Agreement Wicicstrom stated that this is a grant we received thru King County Conservation District which allows the Citv to provide education, work skills and training to youth-at- risk from the Kent communitv. The Grant award is designated for youth participation at the native plant nursery in the Lagoon property site. In response to Clark, Wickstrom said that Council has just authorized the Site Manager position at the Lagoon property site. We also need to award the nursery facility. We recently awarded a contract of approximately $500,000 for Wetland Restoration at the site. The Site Management position which Council authorized will cut our consultant costs and oversee that property site. Committee unanimously recommended authorizing the Public Works Director to sign the Grant Agreement and direct staff to accept the grant of 53,540 and establish a budget for same. Lake Washington/Cedar River Watershed Agreement Wicicstrom explained that this is an Agreement thru Lake Washington/Cedar River Forum for the purposes of studying the funding and management of the fisheries on Lake Washington. The salmon population has been declining over the years and this is essentially trying to find out why and what can we do to restore the fisheries in the lake and in the Cedar River basin. We are involved in the participation of this study because our Clark Springs Facilities is in that basin. Kent's share is S1,000 - it is a three vear program; each year the budget and scope of work would be reviewed and we can drop out at anvtime. The loss would be the amount of money we spent. Because we have a water facilitv that is critical to our citv and we need to be a good neighbor with respect 1 DEPARTMENT OF PUBLIC WORKS July 16, 1997 TO: Public Works Committee FROM: Don Wickstrombui RE: S. 200th St/Green River Bridge West Approach Preload - Acceptance This project consisted of installing preload soil for the future Green River Bridge approach for the 196th/200th Street Corridor project. The contract was awarded to M. A. Segale Inc. for the bid amount of $453,550.00. The final construction cost was $522,195.43. This contract exceeded the bid amount due to a higher profile road design negotiated with Segale, which resulted in the need for additional material. Adequate funds exist within the project budget to cover this overage. ACTION: Recommend that the S. 200th Street Green River Bridge West Approach Preload project be accepted as complete. Kent City Council Meeting Date Auaust 5 1997 Category Consent Calendar 1. SUBJECT: SIX YEAR TRANSPORTATION IMPROVEMENT PLAN - SET HEARING DATE 2 . sx Y STATEMENT: As recommended by the Public Works Committee, authorization to set August 19th as the public hearing date for the Six Year Transportation Improvement Plan. 3 . EXHIBITS: Public Works Committee minutes and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3H -� 6 Year Transportation Trnprovement Plan Wicdcstrom said the issue before the Committee is setting a public hearing date for August 19th. He said in the 6 Year Plan, we are talking about $152 Million. The annual element which are the projects we anticipate within the nest year is $126 Million $46 Million of that we kept in there which is the grade separation project at S. 212th and at Willis Street and possibly James St. We want to keep that in the annual element because there is a lot of activity related to that. He noted that the other projects are the Corridors and thev are in the annual element because we will be working on them annually next year. Wickstrom said that one of the issues we are addressing in this 6 Year Plan unlike the others, we did address the Meridian and the Meridian Valley Annexations. He also noted that we addressed the Del-Mar Annexation on the West Hill which is now in the City. We do have $2.5 Million in grant money to widen Pacific Highway South from SR516 to S. 277th. Wickstrom said that other than the grade separation projects, those are the "big ticket" items in this program. In response to Clark, Wickstrom said that Military Road has some intersection improvements designated at S. 272nd and also has intersections improvements designated at Reith Rd. Committee unanimously recommended setting August 19th as the Public Hearing date for the 6 Year Transportation Improvement Plan. Wickstrom commented that this is the statutory requirement related to the 6 Year Transportation Plan. This is not the balanced Financial Capital Improvement Plan that is coming along with the budget. Although they are quite similar, there are some differences because of our financial capability. He said that if there is some new financing and there grants, these are the projects that meet both our traffic needs and are highly likely to get some outside funding. Water District #111 Agreement - Kent Springs Customer Removal Water Mains Wickstrom explained that at the previous Committee meeting, there was an agreement related to Water District #111 participating in some main replacements in this area and, Council awarded the construction project to build these mains. We have about 30 customers off the old Kent Springs Transmission Main and since the early '70's, we have been steadily removing approximately 300 customers and these are the last 30. He said we have been removing them because the transmission main brings the water from sources to our reservoirs and then goes to the distribution system. We have to maintain a certain chlorine contact time in the water before reaching the first customer. With removal of these customers, we will have met that goal. Essentially, they were on a spaghetti system built in the '30's and over time we had maintained those systems. They are in Water District #I I I service area so we are billing them to #111 and this is the agreement that transfers those customers to that Water District. In doing that it also DEPARTMENT OF PUBLIC WORKS July 16, 1997 TO: Public Works Committee FROM: Don Wickstrom 06V �D- RE: 6 Year Transportation Improvement Plan The main issue on this item is authorization to set August 19th as the Public Hearing date for the 6 Year Transportation Improvement Plan. I will be briefing the Committee in detail on this item. ACTION: Recommend authorization to set August 19th as the Public Hearing date for the 6 Year Transportation Improvement Plan and authorization to adopt the Ordinance reflecting same. i Kent City council Meeting Date August 5. 1997 Category Consent Calendar 1. SUBJECT: WATER DISTRICT fill AGREEMENT - AUTHORIZATION 2 . SUMMARY STATMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the Water District #ill Agreement which transfers the remaining 30 customers from the Kent Springs Transmission Main to Water District fill. 3 . EXHIBITS: Public Works Committee minutes and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: - council Agenda Item No. 3I 6 Year Transportation Improvement Plan Wicicstrom said the issue before the Committee is setting a public hearing date for August 19th. He said in the 6 Year Plan, we are talking abcut S 152 Million. The annual element which are the projects we anticipate within the next year is S 126 Million $46 Million of that we kept in there which is the grade separation project at S. 212th and at Willis Street and possibly James St. We avant to keep that in the annual element because there is a lot of activity related to that. He noted that the other projects are the Corridors and they are in the annual element because we will be working or. them annually nest year. Wiccstrom said that one of the issues we are addressing in this 6 Year Plan unlike the others, we did address the Meridian and the Meridian Valley Annexations. He also noted that we addressed the Del-Mar Annexation on the West Hill which is now in the City. We do have $2.5 Million in grant money to widen Pacific Highway South from SR516 to S. 277th. Wicicstrom said that other than the grade separation projects, those are the "big ticket" items in this program. In response to Clark, Wickstrom said that Military Road has some intersection improvements designated at S. 272nd and also has intersections improvements designated at Reith Rd. Committee unanimously recommended setting August 19th as the Public Hearing date for the 6 Year Transportation Improvement Plan. Wicicstrom commented that this is the statutory requirement related to the 6 Year Transportation Plan. This is not the balanced Financial Capital Improvement Plan that is coming along with the budget. Although they are quite similar, there are some differences because of our financial capability. He said that if there is some new financing and there grants, these are the projects that meet both our traffic needs and are highly likely to get some outside funding. Water District #1 I 1 Agreement - Kent Springs Customer Removal Water Mains "`yyy Wickstrom explained that at the previous Committee meeting, there was an agreement related to Water District #111 participating in some main replacements in this area and, Council awarded the construction project to build these mains. We have about 30 customers off the old Kent Springs Transmission Main and since the early '70's, %ve have been steadily removing approximately 300 customers and these are the last 30. He said we have been removing them because the transmission main brings the water from sources to our reservoirs and then goes to the distribution system. We have to maintain a certain chlorine contact time in the water before reaching the first customer. With removal of these customers, we will have met that goal. Essentially, they were on a spaghetti system built in the '30's and over time we had maintained those systems. They are in Water District #I 1 1 service area so we are billing them to #l 1 1 and this is the agreement that transfers those customers to that Water District. In doing that it also 3 L allows them to execute a reimbursement agreement for properties that are not presently served but when they tie on to these mains, they will be reimbursing us for our costs. Some of the properties were quite large and could be re-subdivided. There is potentially $330,000 of water utility money that we could recoup over a period of time. Wicicstrom said the agreement is for 30 years. There are 4 customers that were not on the spaghetti system and had direct connection to the main and the district did have mains to those properties. Those 4 customers will have to pay a latecomer charge. Committee unanimously recommended authorizing the Mayor to sign the agreement with WD #11 1 on behalf of the City. Added item Dept of Ecology Grant Robyn Bartelt explained this is a grant we received from the Dept of Ecology. It was on a fast track because the funds were only available this year - the Mayor's signature was required by the end of June, which we did receive. She said this is a 60 - 40 grant; we will be matching it with King County Waste Reduction Recycling Grant money and we need to establish a budget to receive these funds. Thev are for capital items only - we will be purchasing recycling containers for businesses, enhance our City's in-house recycling program and to purchase solid waste and recycling containers to upgrade the Cites downtown area street containers. Committee unanimously recommended accepting the grant and establishing the budget. Added (information) item Wickstrom said that 18 months have now expired and we are getting calls on removing the S. 244th St barricades. He said we will be notifying all the residents who attended the previous meetings on this issue plus a letter to the entire area and letting them know the date when these barricades will. be removed as per Council direction. Meeting adjourned: 4:00 p.m. 4 w" DEPARTMENT OF PUBLIC WORKS JULY 9, 1997 TO: Public Works Committee FROM: Dori Wickstrom.OQ RE: Kent Springs Customer Removal Water Mains (152nd to 156th Ave SE) Agreement with Water District#111 Attached is an agreement that has been executed by Water District#111 that provides for the transfer of water mains and 30 Kent Springs transmission main customers to the District. See Map A in the agreement for location of the to be transferred mains and customers. The agreement also provides for the District's cooperation in collecting and transmitting to the City a charge in lieu of assessment from future District customers that connect to the transferred mains originally funded by the City. Existing distribution mains feeding directly from the Kent Springs transmission main serve 24 of these customers. These mains are small, old, substandard and in very poor condition. New 8 inch minimum size mains meeting current standards replacing the old mains and connected to the District's system are required to allow the transfer of 22 of these customers. Another 8 customers (6 with service connections directly to the Kent Springs transmission main) can transfer to existing District mains without the requirement for a new replacement main. A construction contract was recently awarded for the construction of the water mains and related facilities within WD #111 to facilitate the transfer of the 30 Kent Springs transmission main customers to the District. Once completed, these water mains will be owned and operated by the District and the District will become the water purveyor for these 30 customers. The intent is that the City will pay for the replacement mains as required for the 22 customers and the Districts connection charges for all 30 customers. Fees for one 5/8" x 314 Itmeter and the current number of units served are included. This will replace the facilities and service that is currently provided to these customers. Four of the customers connected to the transmission main owe a pay back agreement through the District for their share of the existing District main cost. These customers do not have an existing City distribution main, therefore the City is not responsible for the cost of a replacement main. As usual, the property owner is responsible for the initial main installation cost. 1 kscrpwc.wpd/MKV file 10.1 The City customers are scattered throughout the vicinity. Therefore the project will provide water main availability to other properties. Also, some of the customer properties are not fully developed. The usual procedure for City funded projects includes the establishment of a charge in lieu of assessment to recover the initial costs of construction from those who connect. In this case the City is paying the cost to replace the existing service for current Kent customers but wishes to recover costs from future District customers. Potential future customers are properties not currently serviced by the City which could connect to these new mains or portions of current Kent customer properties that develop thereby requiring a larger meter or addition service connections. See Map B in the attached agreement for future customer properties. The agreement will be in effect for 30 years. The actual amount of the charge will be determined once final project costs are known. The currently estimated costs are as follows. Cost distributed to non customer properties $126,000 Cost distributed to current customer properties 171,000' City share for current customers 33,000 (Replacement of 1 existing service for 1 minimum size lot) Total distributed cost $330,000 * Current customers most likely to develop 65,000 ACTION REQUESTED: Authorize the Mayor to sign the agreement with WD #111 on behalf of the City. (NOTE: The final amount of the charges will be determined based on actual project costs following project completion. At.that time the charge in lieu of assessment will be brought before the committee for approval.) 2 kscrpwc.wpd/MKV file 10.1 AGREEMENT _. WATER MAIN OPERATIONS CONTRACT THIS AGREEMENT is entered into between the CITY OF KENT (the "City") and WATER DISTRICT NO. 111 of King County (the "District"), municipal corporations under the laws of the State of Washington (the "Parties"). This Agreement is entered into in accordance with RCW 35.13A.070. WHEREAS, the City is planning water main construction to improve the distribution of water to customers within the District's service area; and WHEREAS, said customers have historically been provided water by the City although they are within the District's service area; and WHEREAS, said water main construction shall also provide water availability to other properties within the District's service area which said properties represent future customers; and WHEREAS, certain current Kent customers may in the future request additional service in the form of additional meters or an increase in meter size above the originally installed residential 5/8" x 3/4" meter in which case these properties will also be considered a future customer; and WHEREAS, the City will pay the costs of improvements within the District's service area, with the expectation that it will regain a portion of such contributions through charges-in-lieu-of-assessment charged to future customers; and WHEREAS, the Parties desire to provide a method of fairly apportioning the costs of said improvements within the District's service area; and WHEREAS, it is advantageous to the Parties for the District to assume responsibility for providing service to the customers within its service area, and to assume responsibility for the operation and maintenance of the distribution mains providing water to such customers. NOW, THEREFORE, in consideration of the mutual promises set for the below, the Parties agree as follows: 1. Upon completion of the water main construction as described in Attachment C (incorporated herein by reference) (together the "Transferred Mains") the Transferred Mains will be owner' operated and maintained by the District. 2. From the point in time stated in paragraph No. 1, the District shall own, manage, operate and maintain the Transferred Mains together with service connections and appurtenances up to the property lines of the following customers: (1) customers in the District's service area who are presently served by the City (the customers within the legal description of Attachment A and shown on Map A, both the Attachment and the Map being incorporated herein by reference) (the "Transferred Customers"); and (2) customers who in the future, connect to the Transferred Mains. The District shall operate and maintain the Transferred Mains in accordance with high engineering standards in accordance with generally accepted practices in effect at the time these services are performed and in conformity with applicable standards and requirements of state and federal agencies having jurisdiction over such maintenance and operation. 3. The Transferred Customers shall receive water service from the District and shall pay the Distri, its customary service charges. 4. The District shall connect and serve customers within the area described at Attachment B and Map B (incorporated herein by this reference) (the "Future Customers"), whenever such customers seek service and have complied with the District's standard requirements for service. The District shall charge each Future Customer a charge-in-lieu-of-assessment in such amounts as are determined by the City at the completion of the construction based on final project costs, and the District shall cooperate with the City to effect the efficient collection of such charges. The District shall collect such charges, interest and penalties at its own expense, and shall promptly transmit such collected charges (and interest and penalties) to the City. 5. The Transferred Mains shall become the property of the District. The City agrees, within 30 days from the date of completion and final acceptance by the District and the City of the improvements, to deliver title to the Transferred Mains to the District by appropriate bill of sale and quit claim deed. The City will forward to the District any guarantee or warranty furnishn as a normal trade practice in connection with the purchase of any equipment, materials, or items used in the construction of the project. The City shall submit mylar as-built drawings (AUTO- CARD disks are not available)to the District upon completion of the project for District review and approval Upon delivery by the City to the District and District approval as described in this section, the District shall issue a release and waiver of all claims or demands of any nature, past or present, whether known or unknown, that result from the City's performance of the work contemplated in this agreement. This release and waiver must be in a form acceptable to the City attorney. The City shall warrant the workmanship and materials utilized in the improvements to be free of defects for a period of one year from the date of transfer. The City shall also assign to the District such easements as may be necessary for the District to access, maintain or replace the Transferred Mains. 6. The cost of any improvements to or in connection with the Transferred Mains, above and beyond the construction of the Transferred Mains, shall be borne by the District. By way of example, such additional improvements include, but are not limited to, additional fire hydrants, additional lengths of mains, or oversizing of mains. 7. The City shall obtain such permits from other government agencies as are necessary for the construction of the Transferred Mains, and shall provide copies to the District. When the District assumes the management, maintenance and operation of the Transferred Mains, the District shall take whatever actions are necessary to assume all responsibilities and costs under these permits, and shall act in accordance with the requirements of such permits. 8. The District agrees to indemnify and hold harmless the City, its officials, officers, agents and employees from any and all liability, loss or damage, including costs of legal defense, that the City may suffer as a result of claims, demands, actions, or damages to any and all persons or property against the City which result from, arise out of, or are in any way connected with the District's management, maintenance, operation, charges, fees or billing practices relating to the Transferred Mains. 9. The rights and duties of either Parry under this Contract may not be assigned without first obtaining the written consent of the other party. 10. At all reasonable times, each of the Parties shall have access to and the right to examine and copy such records of the other as may be needed for the purpose of auditing compliance wi• this Contract. 11. Should any dispute, misunderstanding, or conflict arise as to the terms and conditions contained in this Agreement, the disputed matter shall be determined solely under the jurisdiction venue and local rules of King County Superior Court, located at Kent, King County, Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, the prevailing party shall be entitled to compensation for all legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 8 of this agreement. 12. The Contract is binding on the Parties, their successors and assigns, and shall remain in effe- until all charges-in-lieu-of-assessment levied on customers for connection to the Transferred Mains (together with interest and penalties) have been paid to the City, or until such time as it is mutually terminated by the parties or for a term of 30 years from the effective date of this agreement. 13. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 14. 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 Parties. 15. It is agreed by the Parties that if any clause, term or provision of this Contract is held to bM illegal, the validity of the remaining clause, term or provision shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. 16. The written provisions and terms of this Agreement, together with any attached Exhibits, shall supersede all prior verbal statements of any officer or other representative of either party, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. This document, including Exhibits, is the entire agreement between the parties. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 17. This Conveyance and Agreement is effective the day and year last shown below. (Signatures on following page) `My✓' IN WITNESS WHEREOF, this Agreement and Conveyance is executed by the Parties by the' authorized officers indicated below. WATER DISTRICT NO.111 CITY OF KENT By By: Comi mssioner Jim White, Mayor Date — 9-7 Date APPROVED AS TO FORM: Bv- Commissioner Roger Lubovich, City Attorney Date �c — 30 — 977 ATTEST: V� Bv: By: Commission% Brenda Jacober, City Clerk Date — 30 - S 7 .SE, 270jPL 4 - I j --_ - KE RINGS - - NT S P _ TRANS. MAIN -272 5T �! FIRE % _ --- STA. jtp I EXISTING W.D. 111 _ W ,. WATER _ SE 273 W '-- - MAIN - PROPOSED _ -- WATER MAIN - ! , -, SE 275i 'ST - - , Ln --�-- _ _ 1 iPL'_ E w I i SE 278 ST - 44 BE" 28C ST SCALE: 1"=400' - 1 -- L MAP "A" - ti TRANSFERRED CUSTOMERS NOTE:SWED PROPERTIES ARE KENT CUSTOMERS BEING REMOAD FROM KM SPRINGS TMNS.MAIN r- KENT SPRINGS CUSTOMER REMOVAL ATTACHMENT A TRANSFERRED CUSTOMERS Lot 1 Edwall Rask Addition, Vol. 53, Page 11. EXCEPT north 144 feet thereof AND Lots ' thru 12 in said plat AND ALSO Portion of Section 35 Township 22 North Range 5 East, Tax Lot#9059 South half of northeast quarter of northwest quarter of southwest quarter less county road. AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot #9011 Lot 4 King County Short Plat 678016 Recording No. 8005060585 said plat described as follows: Portion of northwest quarter of northeast quarter of southwest quarter northwesterly of primary state highway less beginning at northwest comer said subdivision; then east parallel with north line said subdivision 322.7 feet; thence south 00016'09" west 244 feet. then west 324 feet. then north along west line 244 feet to True Point of Beginning less county road. AND ALSO Portion of Section 35, Township 22 North Range 5 East. Tax Lot 49089 Portion north half of northeast quarter of southwest quarter beginning at northwest corner said subdivision; then east parallel with north line said subdivision 322.7 feet; then south 00116' 09" west 144 feet; thence north along west line 144 feet to True Point of Beginning less county road. AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot #9154 south half of southwest quarter of southeast quarter of northwest quarter less east 282 feet less that portion west of a line parallel to east line of southeast quarter of northwest quarter a distant 1270 feet less county road less portion thereof lving with:,,, the following - commencing at southwest corner of said southeast quarter of northwest quarter thence north 00050'28" east along west line thereof 326.60 feet to northwest comer of south half of south half of said southeast quarter of northwest quarter thence south 89005'20" east along north line thereof 30 feet to east margin of 152nd Avenue Southeast and True Point of Beginning; thence continuing south 89°05'20" east 496.37 feet to west line of east 132 feet of southwest quarter of said southeast quarter of northwest quarter. thence south 0014751" west along said west line 18.12 feet to easterly extension of old existing fence.thence north 8803706" west along said easterly extension and along said fence line 496.41 feet to east margin of 152nd Avenue Southeast, thence north 00°50'28" east 14.04 feet to True Point of Beginning - per King County Superior Court Order No. 91-2-01838-: AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot #9036 Lot 4 of King County Short Plat 377165 recorded under Auditor File #7710120615 said plat described as follows: north half of southwest quarter of southeast quarter of northwest quarter less south 145 feet less county road together with undivided interest in Tract X. AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot 49100 south half of south half of northwest quarter of southeast quarter of northwest quarter less county road. AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot #9144 North 180 feet of west 218 feet of south half of south half of northeast quarter of northwest quarter less county road. AND ALSO Portion of Section 35 Township 22 North Range 5 East Tax Lot 49134 North 170 feet of east 230 feet of northwest quarter of northeast quarter of northwest quarter less county road, AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot 49057 East 230 feet of South 260 feet of north 430 feet of northwest quarter of northeast quarter of northwest quarter less north 95 feet less west 1 15 feet thereof, AND ALSO Portion of Section 35 Township 22 North Range 5 East Tax Lot 49162 Property account 39945241 Mobile Home west 115 feet of east 230 feet of south 260 feet of north 430 feet of northwest quarter of northeast quarter of northwest quarter less north 95 feet thereof. AND ALSO Portion of Section 35 Township 22 North Ranee 5 east Tax Lot 49088 Portion of northwest quarter of northeast quarter of northwest quarter beginning at north quarter corner of section thence west 656.68 feet: then south 00°48'44" west 460 feet: thence west 328.09 feet to the True Point of Beginning; thence west 47.57 feet to point on curve to right, radius of center which bears north 3915612" west 40 feet: thence westeriv and northerly along curve 91,76 feet: thence west 50 feet: thence south 00°50'52" west 223.80 feet: thence south 88°39'00" east 164.1') feet: thence north 00050'10" east 193.38 feet to True Point of Beginning. AND ALSO Portion of Section 35 Township 2'_ North Range 5 East, Tax Lot ;#9092 beginning at northeast comer of northeast quarter of northwest quarter: thence west 656.68 feet; thence south 00048'44" west 460 feet: thence north 88131'37" west 164.05 feet to True Point of Beginning; thence north 88°31'37" west 164.04 feet. thence south 00°50'10" west 193.38 feet. thence south 88°39'00" east 164.13 feet. thence north 00°49'27" east 192.95 feet to True Point of Beginning. AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot =`9091 Beginning at northeast comer of northeast quarter of northwest quarter: thence north 88"1'37" west 656.68 feet; thence south 00148'44" west 460 feet to True Point of Beginning; thence north 88°39'00" west 164.05 feet: thence south 00049'27" west 192.96 feet: thence south 88039'00" east 164.14 feet: thence north 00048'44" east 192.54 feet to True Point of Beginning, AND ALSO Portion of Section 35 Township '_= North Range 5 East. Tax Lot 09029 Portion of south half of north half of northwest quarter of northeast quarter lving westerly of centerline of Soos Creek and southerly of county road 9503 less county road and less coal and mineral rights. AND .ALSO Portion of Section 26 Township 22 North Range 5 East. Tax Lot 19080 portion of south half of south half of southwest quarter of southeast quarter of Section 26 Township 22 North Range 5 East. described as follows: Beginning at a point on south line of said subdivision 131.45 feet east of southwest comer thereof: thence east along south line of said subdivision 272.5 feet: thence northerly to a point on the north line of said subdivision 399.95 feet east of the northwest comer of said subdivision. thence west along the north line 268.5 feet. thence south to point of beginning less portion thereof for SE 272nd Street Iving southeriy of line parallel to an 50 feet northerly of SR 516 survey line, AND ALSO Portion of Section 26 Township "' North Range 5 East, Tax Lot 49063 South 263 feet Iving north of Kent- Kangley Road of east half of east half of west half of southeast quarter of southwest quarter. AND ALSO Portion of Section 26 Township 22 North Range 5 East. Tax Lot#9070 south 160.00 feet of east 80.00 feet of west 92.00 feet of west half of east half of west half of southeast quarter of southwest quarter of Section 26 Township 22 North Range 5 East, less portion thereof lying southerly of line parallel with and 55 feet northerly of SR 516 survey line (li2nd Ave SE to 160th Ave SE). AND ALSO Portion of Section 35 Township 22 North Range ; East. Tax Lot 49047 Propem Account 3994 209 Mobile Home west 150 feet of east 282 feet of south one half of southwest quarter of southeast quarter of northwest quarter less county road and east 17.24 feet of west 47.214 feet of south half of southwest quarter of southeas quarter of northwest quarter less county road less portion thereof defined as follows - commencing at southwest corner of said southeast quarter of northwest quarter thence north 00150'28" east along west line thereof 326.60 feet to northwest corner of south half of south half of said southeast quarter of northwest quarter thence south 89005'20" east along north line thereof30 feet to east margin of 152nd avenue southeast and True Point of Beginning thence continuing south 8900520" east 496.37 feet to west line of east lit feet of southwest quarter of said southeast quarter of northwest quarter thence south 001475 1" west along said west line 18.12 feet to easterly extension of old existing fence thence north 8813706" west along said easterly extension and along said fence to a point on the east right-of-way margin of 1-52nd Avenue SE: Thence north along said road margin 14.04 feet to point of beginning. I ; SE, 270PL I r- Si R-7-1 TL KENT SPRINGS I TRANS. MAIN -. SEI 272 ST 1 (SR 5161 -- FIRE STA EXISTING _ SE W.D. III WATER - E" _ MAIN PROPOSED - _ WATER MAIN' 9-7 I � ' SE 278 ST ^M4r " J T _ = SCALE: I"=400' �e Ir V I t — .: = i MAP "B" I FUTURE CUSTOMERS r= KENT SPRINGS CUSTOMER REMOVAL ATTACHMENT B FUTURE CUSTOMERS Lot 1 Edwall Rask Addition. Vol. 53. Page 11. EXCEPT north 144 feet thereof AND Lots 2 thru 4 and 6� thru 12 in said plat AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot #9059 South half of northeast quarter of northwest quarter of southwest quarter less county road. AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot 49011 Lot 4 King Count-, Short Plat 678016 Recording No. 8005060585 said plat described as follows: Portion of northwest quarter of northeast quarter of southwest quarter northwesterly of primary state highway less beginning at northwest corner said subdivision. then east parallel with north line said subdivision 322.7 feet; thence south 00°16'09" west 244 feet: then west 324 feet: then north along west line 244 feet to True Point of Beginning less county road. AND ALSO Portion of Section 35. Township 22 North Range 5 East. Tax Lot 09089 Portion north half of northeast quarter of southwest quarter beginning at northwest corner said subdivision: then east parallel with north line said subdivision 322.7 feet: then south 00°16' 09" west 144 feet; thence north along west line 144 feet to True Point of Beginnine less county road. AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot 49154 south half of southwest quarter of southeast quarter of northwest quarter less east 282 feet less that portion west of a line parallel to east line of southeast quarter of northwest quarter a distant 1270 feet less county road less portion thereof lying withi: the following -commencing at southwest comer of said southeast quarter of northwest quarter thence north 00°50'28" east alone west line thereof 326.60 feet to northwest corner of south half of south half of said southeast quarter of northwest quarter thence south 89005'20" east along north line thereof 30 feet to east margin of 152nd Avenue Southeast and True Point of Beginning; thence continuing south 89005'20" east 496.37 feet to west line of east 132 feet of southwest quarter of said southeast quarter of northwest quarter. thence south 0014751" west along said west line 18.1? feet to easterly extension of old existing fence. thence north 8813706" west along said easterly extension and along said fence line 496.41 feet to east margin of 152nd Avenue Southeast, thence north 00°50'28" east 14.04 feet to True Point of Beginning - per King County Superior Court Order No. 91-2-01838-3 .AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot #9144 North 180 feet of west 218 feet of south half of south half of northeast quarter of northwest quarter less county road. AND ALSO Portion of Section 35 Township 22 North Range 5 East Tax Lot 9162 Property Account 39945241 Mobile Home West 115 feet of east 230 feet of south 260 feet of north 430 feet of northwest quarter of northeast quarter of northwest quarter less north 95 feet thereof. AND ALSO Portion of Section 35 Township 22 North Range 5 east Tax Lot 49088 Portion of northwest quarter of northeast quarter of northwest quarter beginning at north quarter comer of section thence west 656.68 feet: then south 00048'44" west 460 feet. thence west 328.09 feet to the True Point of Beginning; thence west 47.57 feet to point on curve to right, radius of center which bears north 39056'12" west 40 feet: thenc westerly and northerly along curve 91.76 feet: thence west 50 feet: thence south 00050'52" west'_23.80 feet: thence south 88139'00" east 164.1� feet: thence north 00050'10" east 19338 feet to True Point of Beginnine. AND ALSO Portion of Section 35 Township 22- North Range 5 East. Tax Lot #9092 beginning at northeast corner of northeast quarter of northwest quarter: thence west 650;.68 feet: thence south 00°48'44" west 460 feet: thence north 88")1'37" west 164.05 feet to True Point of Beginning; thence north 88")1'37" west 164.04 feet: thence south 00150'10" west 193.38 feet: thence south 88°39'00" east 164.13 feet: thence north 00°49'27" east 192.95 feet to True Point of Beginning, AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot -9091 Beginning at northeast corner of northeast quarter of northwest quarter:thence north 88")1'37" west 656.68 feet: thence south 00048'44" west 460 feet to True Point of Beginning; thence north 8899'00" west 164.05 feet: thence south 00049'27" west 192.96 feet: thence south 88°39'00" east 164.14 feet: thence north 00148'44" east 192.54 feet to True Point of Beginning. AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot 49047 Properry Account 39945209 Mobile Home west 150 feet of east 282 feet of south one half of southwest quarter of southeast quarter of northwest quarter less county road and east 17.24 feet of west 47.24 feet of south half of southwest quarter of southeast quarter of northwest quarter less county road less portion thereof defined as follows - commencing at southwest comer of said southeast quarter of northwest quarter thence north 00°50'28" east along west line thereof 326.60 feet to northwest comer of south half of south half of said southeast quarter of northwest quarter thence south 89105'20" east along north line thereof 30 feet to east margin of 152nd avenue southeast and True Point of Beginning thence continuing south 89105'20" east 496.37 feet to west line of east lit feet of southwest quarter of said southeast quarter of northwest quarter thence south 00"47'51" west along said west line 18.12 feet to easterly extension of old existing fence thence north 889706" west along said easterly extension and along said fence to a point on the east right-of-way margin of 152nd Avenue SE: Thence north along said road margin 14.04 feet to point of beginning AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot 49057 East 230 feet of South 260 feet of north 430 feet of northwest quarter of northeast quarter of northwest quarter less north 95 feet less west 115 feet thereof, AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot 49006 West 400 feet of South quarter of northeast quarter of northwest quarter less west 218 feet AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot 49028 South half of southeast quarter of southwest quarter of northwest quarter less county road and less portion thereof lying within following - Beginning at the southeast corner of said southwest quarter thence north along east Iine thereof 330 feet thence north 89*10'49" west 30 feet to a true point of beginning thence continuing north 89010'49" west 150 feet thence south 00049'11" west 15.57 feet thence south 88°38'05" east 150.01 feet thence north 00049'11" east 17 feet to the true point of beginning AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot 49056 Personal Property Account 39945225 Mobile Home northwest quarter of northeast quarter of northwest quarter less west 165 feet less portion south of line beginning 460 feet south of northeast corner thence north 88°31'37" west 375.66 feet to point on the curve to the right radial center of which bears north 39°56'12" west 40 feet thence westeriv ad northerly along curve 91.76 feet thence west 50 feet less east 230 feet of north 430 feet less north 285 feet thereof AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot 99073 north half of north half of north half of northwest quarter of southwest quarter less county road AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot 49086 south half of north half of north half of northwest quarter of southwest quarter AND ALSO Portion of Section 35 Township '_2 North Range 5 East . Tax Lot #9117 east 126 feet of west 912 feet of south half of south half of northeast quarter of northwest quarter less county road AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot #9129 north 110 feet of east 230 feet of south half of south half of northeast quarter of northwest quarter less county road AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot 49135 south half of south half of northeast quarter of northwest quarter less west 912 feet less east 230 feet AND ALSO Portion of Section 35 Township North Range 5 East . Tax Lot#9147 north 95 feet of east 230 feet of south 260 feet of north 430 feet of northwest quarter of northeast quarter of northwest quarter less east 3 feet for county road AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot 49152 west 128.66 feet of east 386 feet of west 786 feet of south quarter of northeast quarter of northwest quarter less east 95 feet of north 145 feet AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot #9153 east 95 feet of north 145 feet of west 128.66 feet of east 386 feet of west 786 feet of south quarter of northeast quarter of northwest quarter AND ALSO Portion of Section 35 Township 22 North Range 5 East. Tax Lot 49155 west 128.67 feet of east'_5734 feet of west 786 feet of south quarter of northeast quarter of northwest quarter less west 100 feet of north 145 feet AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot 49156 west 100 feet of north 150 feet of east 128.67 feet of west 786 feet of south quarter of northeast quarter of northwest quarter AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot#9157 west 100 feet of north 145 feet of west 128.67 feet of east 25734 feet of west 786 feet of south quarter of northeast quarter of northwest quarter AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot#9159 east 128.67 feet of west 786 feet of south quarter of northeast quarter of northwest quarter less west 100 feet of north 150 feet AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot #9160 portion of north half of northeast quarter of southwest quarter beginning at a point 144 feet south of northwest corner of said subdivision thence east parallel with north line of said subdivision 324 feet: thence south 100 feet: thence west 324 feet thence north along west line of said subdivision 100 feet to beginning less county road AND ALSO Portion of Section 35 Township 22 North Range 5 East . Tax Lot 49193 Lot 1 King County Short Plat 678016 Recording Number 8005060585 said plat defined as follows - Portion of northwest quarter L,._. northeast quarter of southwest quarter northwesterly of Prim Street Highway less beginning at northwest corner of said subdivision thence east parallel with north line of said subdivision 322.7 feet thence south 00016'09" west 244 feet thence west 324 feet thence north along west line 244 feet to the true point of beginning less county road. Portion of Section 35 Township __ North Range 5 East . Tax Lot =9194 Lot _ Kin_ Count% Short Plat 678016 Recording Number 8005060585 said plat defined as follows - Portion of northwest quarter of northeast quarter of southwest quarter northwesterly of Prim Street Highway less beginning at northwest corner of said subdivision thence east parallel with north line of said subdivision 322.' feet thence south 0011609" west 244 feet thence west 324 feet thence north along west tine 7-44 feet to the true point of beginning less county road. Portion of Section 35 Township __ North Range 5 East . Tax Lot 49195 Lot 3 King County Short Plat 678016 Recording dumber 8005060585 said plat defined as follows - Portion of northwest auat ter of northeast quarter of southwest quarter northwesterly of Prim Street Highway less beginning at northwest corner of said subdivision thence east parallel with north line of said subdivision 32_' .7 ft thence south 00016'09" west 224 feet thence west 3''-4 feet thence north along west line 244 feet to the true point of beginning less county road. ATTACHMENT "C" DESCRIPTION OF TRANSFERRED MAINS The project is the installation of 8" and 12" water mains for domestic service and fire protection. Services including meter boxes are also included. Approximately 4800 LF of water main. 30 services and 7 fire hydrants and related appurtenances will be installed. 1. Section 35-22-5 Water main construction with services on the following streets: STREET FROM 1Q. SIZE 152nd Ave SE 675 ft south of SE 280th St 300 ft north of SE 280th St 8" SE 280th St 152nd Ave SE 530 ft east of 152nd SE 8" SE 275th St 152nd Ave SE 154th Ave SE 12" SE 275th St 154th Ave SE 156th Ave SE 8" 156th Ave SE SE 275th St 155th PI SE 8" 154th Ave SE and easement SE 275th St south side SR516 (272nd) 12" 273rd PI SE (easement) 154th Ave SE 380 ft west of 154th Ave SE 8" 2. Section 35-22-5 _. Two service installations only on 152nd Ave SE for 15229 SE 278th Place and 27730 152nd Ave SE. These will be connected to existing DISTRICT mains. 3. Section 26-22-5 and 35-22-5 Three service tie overs on the north side of SE 272nd for 15238. 15320 and 15630. These will be connected to existing DISTRICT mains. These services were installed previously and only require a tie over ir.the existing meter box. Two service tie overs on the south side of SE 272nd as described above for 15323 and 15423. The following portion of the above described work has been requested by and will be funded by the DISTRICT in accordance with a separate agreeement. Charge in lieu of assessments will not be charged by the CITY for this work. 1. Over size the water main from 8" to 12" on SE 275th St from 152nd to 154th Ave SE and on 154th Ave SE from SE 275th St to the south side of SR516. . 2. The above described improvements on 156th Ave SE to complete the loop from SE 275th St SE to the fire station. KSTM CUSTOMER REMOVAL PG I OF I MKwwni i i-C J � Kent City Council Meeting Date August 5. 1997 Category Consent Calendar 1. SUBJECT: "STAY OUT OF AREAS OF PROSTITUTION" (SOAP) AMENDMENT - ORDINANCE 2 . SUMMARY STATEMENT: Approval to amend Section 9. 02 . 312 of the Kent City Code relating to prostitution loitering to add additional territory to be covered by the "Stay Out of Areas of Prostitution" orders, and to adopt Ordinance No. This amendment has been requested to accommodate the Del Mar Annexation, which encompasses a problem area with prostitution- related activities and crime. Additionally, due to numerous letters of concern submitted by citizens living in areas adjacent to the current SOAP ordinance area, the amendment also expands existing SOAP areas to include their addresses/residences. The SOAP ordinance has been a very effective deterrent in keeping prostitution-related crime down in these areas and these amendments will assist with our continued enforcement on this matter. 3 . EXHIBITS: Letters from citizens and ordinance 4. RECOMMENDED BY: Staff and Public Safety Committee 7/15/97 (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. 3J n A 7 f Sr �2YC -w5 e / o[ e C7t Gf ic.�i m t¢ ( li a�� ,7{ -a' cn.-e ��• � ��" ate- � ✓ `� /�" U At�• iJ�L��� �f TIP TOP TRAILER COURT 23858 Pacific Highway So. # ! ! KENT WASHINGTON,98032 To Whom It May Concern; I am a resident and property manager of the TIP TOP TRAILER COURT We are located at 23858 Pacific Highway So. The undersigned and myself have seen used condoms and needles East of 30th Ave SO.on 240th. We would like the SOAP ordinance to extend from PACIFIC HIGHWAY SOUTH and SOUTH 240th EAST TO I-5 SANDY & JERRY LINDSLEY Space #3 LARYJANE RICHTER Space #4 �7 J ` Jan . 16 , 1997 Roger Lubovich City Attorney 220 4th . Ave . S. Kent , Wa . 98032 Dear Mr. Lubovich, We are concerned residents and the on-site managers of Green Acres Estates located at 23656 30th. Ave . S . . Our family moved into this area around the first of May. We are concerned with the amount of prostiutes that are aloud to roam this area and the fact that they are using our back lot to do their tricks . One of us goes out every morning to our feild and have to clean condoms up before any kids get out to play. I have noticed alot of prostiutes who walk through our property to the aioining properties . 1 have asked about fencing off our property on that side , but was told that we could not do that because of the narrow roadways, and fire trucks could not get through. My other concern is about the blantit drug traffic goinq on in this area . This also bothers me because of all the children in our park and in the aioininq property are always playing out by the roads and could get hit because the people drive through our parks so fast . Finding needles in the roadway from people who walk through is also a concern of ours , what happens when a child finds one before an adult comes by to clean them up? As you can see we have a problem and we need to be included into the SOAP area . Maybe if this happens we could have a safer place to raise our children . Just because this is an area with lower income residents doesn' t mean we should have to have this kind of influence on our children, they our our future , and if we do not do something to help our future then what do they have to live for? Thank you for your time concerning_ this problem, and I hope you can help our neighborhood so it can be a safer place for our children. ~ Sincerely,�C/� John M . Eckerle & Vickie L. Savage pr F (1 op r� ,C17 lam- aJ%= 1 - C.o-u.,.� .� LIN oz ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 9.02.312 of the Kent City Code relating to prostitution loitering to add areas encompassed by the "Stay Out of Areas of Prostitution" orders. WHEREAS, the current "Stay of Areas of Prostitution" ordinance has proven effective in curtailing prostitution and prostitution related crime in areas encompassed by the ordinance; and WHEREAS, testimony has been presented concerning the scope and magnitude of problems relating to prostitution in certain areas of the City of Kent; and WHEREAS,the recent Del Mar Annexation includes an additional high risk area which creates a need for expansion of the current "Stay Out of Areas of Prostitution" area for effective enforcement. WHEREAS, the inclusion of additional high risk areas adjacent to the current high risk area encompassed by "Stay Out of Areas of Prostitution" orders would further curtail the frequency of prostitution and prostitution related crime; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: .SECTION 1. Chapter 9.02.312 of the Kent City Code is hereby amended by amending subsections D.1. and by adding new subsection D.2. and D3. as follows: Sec. 9.02.312. Stay out of areas of prostitution orders. A. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent Municipal Court to anyone charged with prostitution, permitting prostitution,prostitution loitering, or patronizing a prostitute under Chapter 9.02 of the Kent City Code as a condition of pre-trial release. B. SOAP orders may be issued by the Kent Municipal Court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under Chapter 9.02 of the Kent City Code as a condition of probation. C. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer's presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order. D. The SOAP order shall warn the person named in the order to stay out of the following "high risk prostitution areas." l. Pacific Highway South from the 4_53 v vro� south side of South Z72nd Street to State Route 516, (also known as Ken-Des Moines Road). including all adjacent businesses. 30th Avenue South from South 240th Street to State Route 516 (also known as Kent-Des Moines Road) including all adiacent business. 3. South 240th Street from the 2700 block through the 3200 block. including all adjacent businesses. E. A person is deemed to have notice of the SOAP order when: 1. The signature of the person named in the order or their attorney is affixed to the bottom of the order,signifying that they have read the order and have knowledge of the contents of the order; or 2. The order recites that the person named in the order or the person's 2 attorney appeared in person before the court. F. The written SOAP order shall contain the court's directives and shall bear the legend. "Violation of this order is a criminal offense under Chapter 9.02. KCC and will subject the violator to arrest." G. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. 5FCTION2. - SeverabiliU If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This Ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 PASSED: day of , 1997. APPROVED: day of 1997. PUBLISHED: day of 11997. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:LAMORDMANCWROSTRU.ORD 4 Kent City Council Meeting Date Auaust 5. 1997 Category Consent Calendar 1. SUBJECT: DAR$ PROGRAM DONATION - ACCEPTANCE 2 . SUMMARY STATEMENT: Authorization to accept the $5, 000 donation from Kmart Corporation, a new D.A.R.E. America sponsor. The monies were donated to the Kent Police Department D.A.R.E. Program in conjunction with a recent Kmart Family Foundation event held at the Kmart store in Kent. The monies can be used to secure D.A.R.E. educational materials or D.A.R.E. catalog merchandise. 3 . EXHIBITS: Program summary 4 . RECOMMENDED BY: Staff and Public Safety Committee -7 15 97 (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. 3K TEACHING KIDS TO RESIST DRUGS & VIOLENCE J . 010 RE CAOM&40-jot P.O.Box 512090 Los Angeles,Califomia 90051-0090 (800)2n23-DARE <i THE Kent Police Department D.A.R.E. PROGRAM WILL RECEIVE ANCIAL SUPPORT FROM KMART, A NEW D.A.R.E. AMERICA S V�n JUN ,,c�i^� 3 June 20, 1997 KFNTPp 1997 Chief of Police Ed Crawford F�FPgAT,yIENT Kent Police Department 220 4th Avenue S Kent, Washington 98032 Dear Chief Crawford, D.A.R.E. America is pleased to announce the addition of Kmart Corporation as a national sponsor. This sponsorship will provide direct financial benefit to your agency's D.A.R.E. program. In 1996 Kmart Corporation created the Kmart Family Foundation,Kmart dedicated to educate and prevent drug abuse by children in this country. The Kids Race Against Drugs (KRAD) was established as the foundation's cornerstone national cause-related event. Originally KRAD supported drug education efforts by the National Child Safety Council, Department of Justice (FBI,DEA, OJJOP, BJA) and the Center for Substance Abuse Prevention. The Kmart Family Foundation has determined it to be more effective to consolidate efforts with a single organization with broad based support and proven national impact. An alliance has been formed between the Kmart Family Foundation and D.A.R.E.,this nation's preeminent and most successful substance abuse,violence avoidance and social skills program. This year the Kmart Family Foundation will stage KRAD events (information attached) at 400 Kmart stores. The KRAD events allow children ages seven to 12 to navigate a skills course driving a modified lawn tractor. Children by age group can advance to the national finals for the opportunity to be awarded a $10,000 scholarship annuity. There is no charge for children to participate in KRAD events and Kmart will donate to your police agency's D.A.R.E. program, $5.00 on behalf of any child participating 1n the KRAD at the store location shown below. The proceeds will be placed in a designated account for your agency and at the conclusion of the Kmart KRAD campaign when Kmart releases the funds, you can use the monies to secure D.A.R.E. educational materials or D.A.R.E. catalog merchandise. The Kent Police Department D.A.R.E. Program has been identified as the beneficiary of the KRAD event at the following Kmart location: 24800 W. Valley Highway Kent Store Manager: K.A. Bolding Store Phone: 206-852-9071 Saturday June 28.9am-6pm Sunday June 29 noon-6pm .DRUG ABUSE RESISTANCE EDUCATION 4 Kmart-KRAD page 2 We are requesting that your agency participate in this cooperative effort by having a D.A.R.E. officer(s) present at the ICRAD event to answer questions from community members,distribute D.A.R.E. information,and to demonstrate support for this new partnership. Representation by your agency at and during the event is requisite to capitalize upon this opportunity Please have a member of your staff notify me of the person designated as a liaison for this event. If I can be of assistance or provide additional information, please call me at (800) 223-D.A.R.E. Respectfully r.Ir.n,-ri.o !X. Pegueros Associate Deputy Director D.A.R.E. America enclosure . .. �MR-no44 rti r.. o' T Y.� J..., _..w^..i y I IT tiY � i . r f ��ti�"r.,^•.+-.vT12'� .L.�....Ilr!"PP ".�+ f"-V=-.sa.-.+..«w � � ._. 7r n z ...... �'4iB`R q • ww F.y Typical Kmart"Kids Race Against Drugs"course set up in Kmart store parking lot. -, SMART �QIN S RRNH� NA 0 TI L D . � . RIM PONSORS "Business can no longer ignore-the,'devastating effect assistance to local D.A.R.E. agencies. It is estimated that drug abuse is having on our youth,our families and that total contributions during Kmart's- two-year ournation's,workforce,"declaredKmartChiefExecutive sponsorship of D.A.R.E. could exceed $1 million per Officer Floyd Hall as he,along with D.A.R.E.America year. President Glenn Levant, announced that Kmart Corporation will become a national sponsor of the In 1996, Kids Race Against Drugs competitions were D.A.R.E. program. "Drug abuse is destroying far too held in 23 metropolitan areas around the country. A many families," Hall continued. "Our core customers, special track was setup in the parking lot ofparticipating women, have let us know that their biggest concern, Kmarts. Uniquely adapted lawn tractors—blades removed their number one priority is drug prevention. We view of course--were used on the course. Kids entered the our relationship with D.A.R.E. as a natural tie-in." event by visiting the registration tent with parent or guardian and completing a parent/guardian consent The announcement was made at the finals of Kmart's form. For every child entering the competition,Kmart "Kids Race Against Drugs"program in Orlando,Florida donated $5.00 to a local organization working against this past January. Kids Race Against Drugs was illegal drug use. inaugurated through the Kmart Family Foundation, a newly established organization created to fight rising The children competed in three age categories: 7-8 drug abuse among our nation's youth. The Kids Race years, 9-10 years,or 11-13 years. After a short training . program will provide a national umbrella for D.A.R.E. period, the kids were allowed on the track to establish in 1997 which will fund the development of D.A.R.E.'s their course time. The specially adapted tractors have educational programs as well as offering much needed jump seats and additional controls so that a trained 16 w•.• + �• ..r l� 1L01�. Jis 1. Kmart CEO Floyd Hall and D.A.RE.America President Glenn Levant Specially adapted "racing" lawn tractor announce Kmart sponsorship. "safety rider" can' accompany each competitor. The "This is a tremendous opportunity for our D.A.R.E. safety rider has the ability to immediately stop the race officers to interact with the local community as literally tractor should some difficulty arise. The competition thousands of kids in each location will be participating was for the chance to be in the finals and win a$10,000 in the Kmart Kids Race Against Drugs," said Levant. national scholarship. "Kmart has shown true vision in identifying the problems associated with drug abuse and developing a program to Forthe 1996 finals,Kmart flewmore than 75 competitors address the issue." and their families to Orlando,Florida. In attendance at he galaeventwas supermodelKathy Ireland;anhonorary "We are anxious to have all•localD.A.K.E.agencies and "co-chair of the Kmart Family officers participate," Levant continued. "The Foundation Board. Local D.A.R.E. officers from �. p�ALNIN Kmart program is Orlando and Stuart, Florida DR�r S wholesome and rewards were also on hand,along with, the children. This fun race DAREN, to showcase the: for drug prevention puts D.A.R.E. van and speedboat, racing in the proper and hand out D.A.R.E. perspective and doesn't literature and M&M's candies include the usual alcohol (another great D.A.R.E. and tobacco advertising. sponsor). At the closing Kmart is as sensitive to awards ceremony, a $25,000 in this issue as we are and we check was presented to applaud their efforts." D.A.R.E. America to initiate _ -= Kmart's D.A.R.E.sponsorship. `' ,``i'':` ~ ,, " Kmart Corporation serves Eh�lAmerica with over 2100 In 1997, Kids Race Against � s _ mart and Super Kmart Centers in all 50 states, Drugs donations will be y W A young competitor races the clock. earmarked for local D.A.R.E. Puerto Rico, the U.S. agencies and placed in designated accounts administered Virgin Islands and Guam. International operations 5y D.A.R.E.America. Once the final Kids Race schedule extend to Canada,and to Mexico and Singapore. Kmart --has been established by Kmart, D.A.R.E. America will has had a long history of providing community support, make an official announcementto all D.A.R.E.agencies working with local organizations to improve the that will be involved in the local competitions. communities in which they do business. 17 ............. . Kent City Council Meeting Date August 5. 1997 Category Consent Calendar 1. SUBJECT: SINGH FINAL PLAT #FSU-96-28 - SET MEETING DATE 2 . SUMMARY STATEMENT: Authorization to set August 19 , 1997 , as the date for a public meeting to consider a final plat application by Hardeep Singh for the Singh Final Plat. The subject subdivision is .96 acres in size and is located on the south side of SE 244th Street. The City Council approved the Singh preliminary plat on May 20, 1997 . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (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. 3L Kent City Council Meeting Date August 5. 1997 Category Consent Calendar 1. SUBJECT: DEPARTMENT OF ECOLOGY GRANT - ACCEPT AND ESTABLISH BUDGET 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, acceptance of a grant from the Department of Ecology for the purchase of recycling containers for businesses, to enhance the City's in-house recycling program, and to purchase solid waste/recycling containers in the downtown area; and to direct staff to establish a budget for the same. The Public Works Department has received the grant in the amount of $38,433 . The City's match of $25, 622 will be taken out of the King County Waste Reduction/Recycling grant money. 3 . EXHIBITS: Public Works Committee minutes and Department of Ecology Grant 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: - Council Agenda Item No. 3M allows them to execute a reimbursement agreement for properties that are not presently served but when thev tie on to these mains, thev will be reimbursing us for our costs. Some of the properties were quite large and could be re-subdivided. There is potentially $330,000 of water utility money that we could recoup over a period of time. Wickstrom said the agreement is for 30 years. There are 4 customers that were not on the spaghetti system and had direct connection to the main and the district did have mains to those properties. Those 4 customers will have to pay a latecomer charge. Committee unanimously recommended authorizing the Mayor to sign the agreement with WD #1 1 1 on behalf of the Citv. Added item Dept of Ecology Grant "YY Robyn Bartelt explained this is a grant we received from the Dept of Ecology. It was on a fast track because the funds were only available this year - the Mayor's signature was required by the end of June, which we did receive. She said this is a 60 - 40 grant; we will be matching it with King County Waste Reduction Recycling Grant money and we need to establish a budget to receive these funds. They are for capital items only - we will be purchasing recycling containers for businesses, enhance our Citv's in-house recycling program and to purchase solid waste and recycling containers to upgrade the Citv's downtown area street containers. Committee unanimously recommended accepting the grant and establishing the budget. Added (information) item Wickstrom said that 18 months have now expired and eve are getting calls on removing the S. 244th St barricades. He said we will be notifying all the residents who attended the previous meetings on this issue plus a letter to the entire area and letting them know the date when these barricades will be removed as per Council direction. Meeting adjourned: 4:00 p.m. 4 6 Year Transportation Improvement Plan Y Wicicstrom said the issue before the Committee is setting a public hearing date for August 19th. He said in the 6 Year Plan, we are talking about S 152 Million. The annual element which are the projects we anticipate within the next year is S 126 Million $46 Million of that we kept in there which is the grade separation project at S, 212th and at Willis Street and possibly James St. We want to keep that in the annual element because there is a lot of activity related to that. He noted that the other projects are the Corridors and they are in the annual element because we will be working on them annually next year. Wicicstrom said that one of the issues we are addressing in this 6 Year Plan unlike the others, we did address the :Meridian and the Meridian Vallev Annexations. He also noted that we addressed the Del-Mar Annexation on the West Hill which is now in the City. We do have S2.5 Million in grant money to widen Pacific Highway South from SR516 to S. 277th. Wicicstrom said that other than the grade separation projects, those are the "big ticket" items in this program. In response to Clark, Wicicstrom said that Military Road has some intersection improvements designated at S. 272nd and also has intersections improvements designated at Reith Rd. Committee unanimously recommended setting August 19th as the Public Hearing date for the 6 Year Transportation Improvement Plan. Wicicstrom commented that this is the statutory requirement related to the 6 Year Transportation Plan. This is not the balanced Financial Capital Improvement Plan that is coming along with the budget. although thev are quite similar, there are some differences because of our financial capability. He said that if there is some new financing and there grants, these are the projects that meet both our traffic needs and are highly likely to get some outside funding. Water District #1 1 1 Agreement - Kent Springs Customer Removal Water :Mains Wickstrom explained that at the previous Committee meeting, there was an agreement related to Water District #1 11 participating in some main replacements in this area and, Council awarded the construction project tc build these mains. We have about 30 customers off the old Kent Springs Transmission Main and since the early '70's, we have been steadily removing approximately 300 customers and these are the last 30. He said we have been removing them because the transmission main brings the water from sources to our reservoirs and then goes to the distribution system. We have to maintain a certain chlorine contact time in the water before reaching the first customer. With removal of these customers, we will have met that goal. Essentiallv, thev were on a spaghetti system built in the '30's and over time we had maintained those systems. They are in Water District #1 1 1 service area so we are billing them to #1 1 1 and this is the agreement that transfers those customers to that Water District. In doing that it also 3 Grant No. G9700265 Referenda 26/39 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 Ecologv, 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 98032-5895 RECIPIENT REPRESENTATIVE Jim White, Mayor RECIPIENT TELEPHONE NUiMBER (253) 859-657; FAX (253) 859-3559 RECIPIENT PROJECT COORDINATOR Robyn Bartelt DEPARTMENT PROJECT OFFICER Allen Robbins, (360) 407-6074 DEPARTMENT FAX (360) 407-7157 REGIONAL DEPARTMENT REPRESENTATIVE Peter Christiansen, (206) 649-7076 FUNDING SOURCES Referendum 26 Referendum 39 MAXIMUM ELIGIBLE COST S64,055 STATE GRANT SHARE S38,433 LOCAL SHARE S25,622 STATE M. AXINIUNI 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%vith cash and interiocal in-kind costs in accordance with pre-application instructions. The effective date of this grant is June 1, 1997. Anv 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 [ater than December 31, 1999. 1 of 8 Grant No. G9700265 Referenda 26/39 Agreement with the City of Kent SCOPE OF WORK The task(s) set forth below summarize the RECIPIENTs 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) and/or the Hazardous Waste Management Plan (HWMP). 1. PROJECT TASK: (WRRC-3) COMPOST BIN DISTRIBUTION PROGRA,MI M um Eligible Cost: S43,600 Schedule: June 1, 1997 to December 31, 1999 Goal Statement: The goal of this project is to increase waste reduction and recycling in the city of Kent by providing the means for residents to purchase low-cost compost bins to recycle and reuse compostable yard debris in their yards and gardens. This program is intended to aid the city in reaching its 65 percent(650%) recycling goal by the year 2000 by diverting additional amounts of the residential waste stream through composting. Project Description: To achieve this goal. the RECIPIENT shall purchase and distribute a minimum of 900 backyard composting bins to city residents. The compost bin distribution event shall occur in the Summer of 1997. Promotional advertising shall occur in advance of the event. Educational materials will be provided on how to properly use the bins and a It wheel" on how to properly compost. The RECIPIENT in conjunction with King County Master Composter/Recyclers will provide on-site demonstrations on recycling yard waste and gardening with compost. A composting video shall be made available for check out at local libraries. If the RECIPIENT chooses to charge residents a nominal fee for the bin to help ensure their use, :he income received from the sale shall be listed as credit on the voucher support form (Form C2) when requesting reimbursement from the DEPARTMENT. The 60 percent(601/6) share of grant funds shall be applied to the net costs after deducting the project income (In accordance with the administrative Requirements for Ecology Grants and Loans,WDOE 91-18). A survey shall be developed and implemented to evaluate how effectively the bins are working. Follow- up assistance may be provided, if necessary. A copy of the findings shall be submitted to the DEPARTMENT upon completion. 2of3 Grant No. G9700265 Referenda 26/39 Agreement with the City of Kent Expected Outcomes/Imvacts: By offering the residents of the city of Kent an alternative to disposing of yard waste, it is anticipated that a diversion rate of 20 percent(20%)of the household waste stream can be achieved thereby helping the city reach its 65 percent(651/6) waste reduction and recycling goal. With successful placement of 900 backyard compost bins into the hands of city residents,the estimated annual waste prevention per household will be approximately 600 pounds. With a 75 percent (75%) participation rate the RECIPIENT can expect an annual diversion rate of approximately 223 tons of yard waste from entering the landfill(s). It is also anticipated that the yard waste composting program will result in a more efficient use of available resources. 2. PROJECT TASK: (WRRC-3) DOWNTOWN WASTE REDUCTION AND RECYCLING ,Maximum Eligible Cost: S13,600 Schedule: June 1, 1997 to December 31, 1999 Goal Statement: The goal of this project is to increase waste reduction and recycling in the downtown area and aid the City in reaching a 65 percent(65"o) recycling goal by the year 2000. Proiect Description: The RECIPIENT shall purchase and place a minimum of 124 highly visible waste reduction and recycling (WR/R) containers in the downtown core area. This expansion of WR/R availability is geared to the projected influx of new businesses, visitors, and residents in downtown Kent. Expected Outcomes/Impacts: This proposal. in conjunction with other programs designed to divert waste, will achieve a significant reduction in the amount of waste destined for disposal. 3. PROJECT TASK: (WRRC-3) CITY IN-HOUSE RECYCLING PROGRAIM Maximum Eligible Cost: $5,355 Schedule: June 1, 1997 to December 31, 1999 Goal Statement: The goal of this project is to reorganize and increase the in-house recycling program at city facilities and promote a 65 percent (65%) overall recycling rate by the year 2000. 3of3 Grant No. G9700265 Referenda 26/39 Agreement with the City of Kent Proiect Description: The RECIPIENT shall purchase and place a minimum of sic (6) sets of lobby clusters and 450 desk bins for recycling in-house materials. With the increase in the number of city facilities, the in-house recycling program is being reorganized. The city has seventeen(17) facilities with 614 employees. New and highly visible recycling containers will be purchased to be placed at each employee's desk or work station along with educational materials to promote and encourage waste reduction and recycling. Solid waste containers will be centraily located. Recycling efforts will be monitored on a monthly basis to track the amount of materials diverted from the waste stream. EM, =ed Outcomes/Impacts: This proposal, along with the city's other efforts, will combine to build an overall recycling effort which will significantly reduce the amount of waste otherwise destined for disposal. BUDGET Project Task Maximum Elistible Cost 1. Compost Bin Distribution Program (WRRC-3) S44,600 2. Downtown Waste Reduction and Recycling (WRRC-3) 13.600 3. City In-House Recycling Program (WRAC-3) 5.355 TOTAL S64,05 5 FUND SOURCES Total Eligible Cost S64,055 .. E}Za :.,.. .: . . :.... :.:. Mii9 "�ffiO�Referendum 26 (Ref. 26) 30% S 19.216 Referendum 39 (Ref. 39) 30% jj S19.217 Cash M=lt or 40010 S25,622 Interlocal Costs ADDITIONAL BUDGET CONDITIONS 1. Overhead is eligible, the RECIPIENT may charge 25 percent of the RECIPIENT salaries and benefits applied directly to the project as overhead. 4of3 Grant No. G9700265 Referenda 26/39 Agreement with the City of Kent 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 formal amendment is required to increase state funding. 4 The maximum allowable amount from Ref. _6 is S 19,216. 5 The maximum allowable amount from Ref. 39 is S 19,217. 6. All remaining costs will be paid by cash match and interlocal costs. SPECIAL TERIMS AND CONDITIONS A. MINORITY A,I WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to utilize to the maximum extent possible, minority-and women-awned businesses in purchases and contracts initiated after the effective date of this agreement. In the absence of more stringent goals established by the RE �'r CIPIE�I I's jurisdiction the REC;T'1ENT agrees to utilize the DEPARTs 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 RECIP=, 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 they are potential sources of services or supplies. ;. mically feasible, into smaller tasks or quantities to Divide the total requirements, when econo 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. Any contractor engaged by the RECIPIENT under this agreement, shall be required to follow the above five affirmative steps in the award of any subcontracts. 5 of 8 Grant No. G9700265 Referenda 26/39 Agreement with the City of Kent By signing this agreement, the RECIPIENT certifies that the above steps were/will be followed. The RECIPIENT'shall report to the DEPART N 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 Identification number 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. INTERLOCAI. 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. C. PROMOTIONAL AND EDUCATIONAL MATERIALS A copy of ail promotional and educational materials developed as part of this grant shall be submitted to the DEPARTMENT concurrent with public distribution. The DEP.ARTD[ENT shall have the right to use any printed materials developed as part of this project in any manner the DEMRTMENT deems appropriate. The Washington State Department of Ecology will be acknowledged for providing funding in all published material and oral presentations that resuit 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 EYISTTNG 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. 6of8 Grant No. 2LO0 665 Referenda26/39 Agreement with the City of Kent 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 DEP.ARTN ENI T,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. G. SEPA COMPLLANCE 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), Cb=ter 4123C RCW,and the SEPA Rules, Chapter 197-11 WAC. Copies of the SEPA documents shall be sent to the DEP.ARTN=s Environmental Review Section, the appropriate regionai 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 destrucaon or modification of wetlands, and(2) to avoid direct or indirect support of new construction in wetlands wherever there is a practical alternative. 1. FAILURE TO COMMENCE WORK In the event the RECIPMINT fails to commence work on the project funded herein within sir(6) months a cr the effective date of this grant, the DEPARTNffNT reserves that right to terminate this grant. J. DOC NN-- SUBN=ALS 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 as required by the DEPARTMENT's Administrative Requirements for Ecology Grants and Loans, WDOE 91-18 (Revised July 1995). 7of3 Grant No. G9700265 Referenda 26/39 Agreement with the City of Kent 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 task level as appropriate. '_. Accomplishments for the reporting period. 3. Planned activities and schedule for the upcoming two months. M. ALL WRITINGS CONTAINED HEREIN This agreement, the appended "General Terms and Conditions." and the DEPARTMEIN73 Administrative Requirements for Ecology 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 trade part of this agreement: E.YCEPT a letter of amendment will suffice to redistribute the budget without increasing the total eligible project cost or to change the DEP.ARTMENTs Project Officer or the RECIPIENTs Project Coordinator or to extend the period of performance as set forth in the Grant Agreement. IN WTNESS WHEREOF, the parties hereby execute this Grant: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY OF Kc'-I zzzm James J. Pendowski Date Au orized Signatu Dam CL� Ptogram Manager Solid Waste and Financial Assistance Print Name of Authonzed Officiai Tide Approved as to form only by Assistant Attorney General. 3of3 Kent City Council Meeting Date August 5. 1997 Category Consent Calendar 1. SUBJECT: GOWE STREET APARTMENTS - BILL OF SALE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, authorization to accept the bill of sale for the Gowe Street Apartments submitted by Gowe Court Apartments Limited Partnership for continuous operation and maintenance of 40 feet of watermain improvements and release of bonds after the expiration period. The project is located at 627 W. Titus Street. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3N h NOVRC LN ! m S 232N0__ ^ m � 1 J Z ` 99111,CT I' ITM ST i N OLE I ST d' i t41Q �IIfI N CLOUDY ST C i r� /�BOULDROM NRT YgI�SOb 237TX 1 i m CLOU ST' x I t �' 2(js ,cC fr I P � z I CEORGE u i¢ S 249TH m� CJ o' i cl i nl z Si VIEW CT 239 Z Q I J111 b(^� jS 240TH STD S �239TX PL 4 I( w 1 o fn SRM Si Ic' E" > I ¢ o W 9 241ST ST C E R m i J ¢ z J a ¢) d z ^+ o PIONEER STD ¢ �"' / S 242ND_ST N PROJECT LOCATION _ F m3 2"2"° CT I= y I ¢ IL AN 1 TEMP RNCE ST 03 m m 9 2Y D ST SMITH ST 1 FI i SMITH ST j 244TH cn = z HRRRISON 3T y m• ST WANG 'u �Jy '•� o MEEKER ST ` l�rl4 I, GONE Si Ir tip% It , WEILAND SE 246TH ST ¢ 3 u=i W f TRCOMR TITUS STi i 31q c CHERRT \'� -', �Sl ¢ W 247T i sue\ DERN ST i! HILL \ �y q m CT MRLLTN ST �r6' SRRR Vf ST > z s a t~O GUIBERSON ST r--� -- WIL LIS IE= ST : W, F SFAtTLE �q z CROW I b W x a 9ERTTLE ST 1 I Q a> W __ E CMICRGO ST d \ � � = X•tt GA> I LRUP11 ST ` ¢ ue' HEMLOCK ST nt•T.s. m l` U W�--- W 9s / / t c ¢ In z CARTER 4T x FILBERT ST MRRION S7 XRR tON�"W u ,,, i¢ m, m(\•9� ,�\� l pEo WALNUTST ST I YI ��+'•`- C IIJ � I 259TH ST e�p S 262ND ST �r'r'r � S 262ND 5���� `\�. S 262ND pl. ♦ I I I ¢ W 1 � I I� ^ �I � l 1 1 m m r/// ./ ./� • eeeri w lid 4 268TH T RE%FORD /r / GOWE STREET APARTMENTS rz, ............ Kent City Council Meeting Date Auaust 5 . 1997 Category Consent Calendar 1. SUBJECT: GRANVILLE - SOUTHERN REZONE #RZ-97-1 - SET MEETING DATE 2 . SUMMARY STATEMENT: Authorization to set August 19, 1997, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval for a rezone application (RZ-97-1) made by Granville-Southern Corporation. The property is approximately 18 .93 acres in size and is located at 20129 and 20227 92nd Avenue South. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (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. 30 .. . . ..... .... Kent City Council Meeting Date August 5. 1997 Category Bids 1. SUBJECT: 42ND AVENUE S. & REITH ROAD TRAFFIC SIGNAL REMODEL 2 . SUMMARY STATEMENT: Bid opening for this project was held on July 30th with three bids received. The low bid was submitted by The 'V' Company in the amount of $20, 610.00. The Engineer's estimate was $42, 662. 00. The project consists of the remodel of the existing traffic signal at 42nd Avenue South & Reith Road. The Engineer's estimate includes the cost of new controller cabinets and other necessary appurtenances for which there is adequate funding within the project budget. It is the recommendation of the Public Works Director that the 42nd Avenue South & Reith Road Traffic Signal Remodel contract be awarded to The 'V' Company for the bid amount of $20, 610. 00. 3 . EXHIBITS: Public Works Director memorandum and vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $20, 610. 00 SOURCE OF FUNDS: (R56) 42nd Avenue S. & Reith Rd. Proiect 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember 44 2 seconds that the 42nd Avenue South & Reith Road Traffic Signal Remodel contract be awarded to The 'V, Company for the bid amount of $20, 610. 00. DISCUSSION• ACTION• Council Agenda Item No. 5A DEPARTMENT OF PtiBLIC WORIGS July 31, 1997 TO: Mayor SL City Council ' 1 FROM: Don Wickstrom RE: 42nd Ave &Reith Rd Traffic Signal Remodel Bid opening for this project was held on July 30th with 3 bids received. The low bid was submitted by The 'V' Company in the amount of $20,610.00. The Engineer's estimate was $42,662.00 It is the recommendation of the Public Works Director that the 42nd Ave 6L Reith Road Traffic Signal Remodel contract be awarded to The 'V, Company for the bid amount of $20,610.00. BID SUMMARY The 'V' Company $20,610.00 Signal Electric, Inc. $26,420.00 Totem Electric of Tacoma $52,320.00 Engineer's Estimate $42,662.00 MOTION: Councilmember moves, Councilmember seconds that the 42nd Ave &-Reith Rd Traffic Signal Remodel contract be awarded to The 'V' Company for the bid amount of $20,610.00. W \\\ T I n N 23etN yl 1 O i \ EXIT a / �t41` +,9�•A Ate S?3 PVT N d \ 4 ¢ N� a ••� \:\ 241 I T ST 3T �'sl a "'' N .... .T.S. f Q � OHO 1I ¢ S 242N0 ST 4 _ s 2V2 ST ry m, a n 249 /L n m d 3 zus t f/ J ST ¢ S 2VV ST 211SrN IT ` \ rv` N m ^ 2V6TN IT `\\\ W \ \ 216TH ST < 247TN 9t \\`\1 S,• { 2VTtN Ct 0. 11 J$R X ST 9 246TN \ST S 246TH ST r � YV T 11 t+�t� Z,O 3 249TH 57 m S Al S 250TH ST 250TH oc s � S 2SqTHj PL „'^� m 2515T ' ST r a M S 2513T PL 251 ST w ¢ m W m w 9 252N0 ST 252N0 lt!: ST 252N0 T STw5 252ND 253N0 ST ' MIN) PL S S 252 PL -� m A I ar a n �3 p,r z 7R0 253Rp i w 2S 2S4TH ¢ >¢ ST25 T PL 254 9T ��• / �' �. 2S4 P i 255TH a PL c r N i z3V m m S 2Ss zse7H 3T 255 PL \ 255711 3T "' �' S 2SOT H 5T / � - ... 259 CT PROJECT LOCATION P m - P m ik W; 237 PL = m y 247 ST m'1 257tN SSTr \ PL Ct m RfI rN PO xPL S m 11 59 ST 2S9 ( S 239 PL Qv w 290TH LH S 260TN 0 5 200TH ST �+ / 1 1 ST S 261ST S7 9 251ST PL 3 262NO ST 1 I`I RY 62 9 283R0 u �pJ m i Lg 263110 ST x n 1 \ 2r W y �I S 26NTH Wu u > a OP 50NERSET LN KENT IT \� 1 I 265TH T W tp0 1 I StRRf6 �aW NpNPTON NT S9NERSET IT 11 R 4r IT u I o � u •� 1 1 W t CRReRIDGE IT W l CpRR 1 per NY > l 1 a z CRNTER- 'Z o l l W i BUNT LN ft NiLT( CT 296T PL a 3 266TN ST m Qz N CRRNp6T `^ PR 269 a 269 STD++ o w 269TN > 3 2707H a x s 27oTN ST o 42ND & REITH TRAFFIC SIGNAL REMODEL _ W ST CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE m C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS EXECUTIVE SESSION - LABOR NEGOTIATIONS PUBLIC WORKS COMMITTEE JULY 16, 1997 PRESENT: Tim Clark Gary Gill Judy Woods Robyn Bartelt Don Wicicstrom ABSENT: Connie Epperly Urban Resources Partnership Grant Agreement Wicicstrom stated that this is a grant we received thru King County Conservation District which allows the City to provide education, work skills and training to youth-at- risk from the Kent community. The Grant award is designated for youth participation at the native plant nursery in the Lagoon property site. In response to Clark, Wickstrom said that Council has just authorized the Site Manager position at the Lagoon property site. We also need to award the nursery facility. We recently awarded a contract of approximately $500,000 for Wetland Restoration at the site. The Site Management position which Council authorized will cut our consultant costs and oversee that property site. Committee unanimously recommended authorizing the Public Works Director to sign the Grant Agreement and direct staff to accept the grant of $3,540 and establish a budget for same. Lake Washington/Cedar River Watershed Agreement Wicicstrom explained that this is an Agreement thru Lake Washington/Cedar River Forum for the purposes of studying the funding and management of the fisheries on Lake Washington. The salmon population has been declining over the years and this is essentially trying to find out why and what can we do to restore the fisheries in the lake and in the Cedar River basin. We are involved in the participation of this study because our Clark Springs Facilities is in that basin. Kent's share is $1,000 - it is a three year program; each year the budget and scope of work would be reviewed and we can drop out at anytime. The loss would be the amount of money we spent. Because we have a water facility that is critical to our city and we need to be a good neighbor with respect 1 to fish habitat and the maintenance of fish habitat, we should be participating. Clark noted that he read where the level of the Howard Hansen dam is being raised and asked if that feeds into the Cedar River. Wickstrom explained that it feeds into the Green River. He said we are involved in that project; it's part of the Second Diversion Water Supply project that we are involved in with Tacoma. He said it's not raising the dam, it's raising the summer pool. Right now there is 25,000 acre feet of storage at the beginning of summer and drains during the summer time for both Tacoma's water supply and fish flow passage. Unger the proposal, it's to increase that by another 20,000 acre feet of storage starting July 1st. That would give us water because we are a member participating in that project. Wickstrom explained that's a water supply project that has been in existence since 1985 - we have been working on that project ever since in terms of securing partners. He said there are three partners in that project: Tacoma, Seattle and three utilities including Kent in the South King County. Seattle has executed an agreement in concept and support for the project at this time. We will be back to the Committee on a similar agreement. Wickstrom said that if everything were to fall into place, full operation of the project would occur in 2004. Committee unanimously recommended authorizing the Public Works Director to sign the Lake Washington Studies Interlocal Agreement and concur with the City's contribution for same. S. 200th St/Green River Bridge Preload - Acceptance Wickstrom noted that this was before the Committee because we are over 10% of the original bid amount. He explained that Council authorized award of this contract subject to right of way acquisition and permit approval in 1996. Negotiations for the property took a long time and as a result of those negotiations, we raised the road elevation approximately 8 feet. The trade-off was, they would give us the property for improvements. We convinced the County that this was a good deal and it was the 8 feet of additional height that changed the quantities in the original contract. Committee unanimously recommended that the S. 200th Street Green River Bridge West Approach Preload project be accepted as complete. In response to Clark, Wickstrom noted that we are dealing with pieces of the 196th Street corridor at a time. These pieces of the whole project need to be done in phases. Wickstrom said there will be an LID sometime this Fall on this corridor project and the last two construction projects should be awarded in 1998. 2 6 Year Transportation Improvement Plan Wicicstrom said the issue before the Committee is setting a public hearing date for August 19th. He said in the 6 Year Plan, we are talking about $152 Million. The annual element which are the projects we anticipate within the next year is $126 Million $46 Million of that we kept in there which is the grade separation project at S. 212th and at Willis Street and possibly James St. We want to keep that in the annual element because there is a lot of activity related to that. He noted that the other projects are the Corridors and they are in the annual element because we will be working on them annually next year. Wicicstrom said that one of the issues.we are addressing in this 6 Year Plan unlike the others, we did address the Meridian and the Meridian Valley Annexations. He also noted that we addressed the Del-Mar Annexation on the West Hill which is now in the City. We do have $2.5 Million in grant money to widen Pacific Highway South from SR516 to S. 277th. Wicicstrom said that other than the grade separation projects, those are the "big ticket" items in this program. In response to Clark, Wicicstrom said that Military Road has some intersection improvements designated at S. 272nd and also has intersections improvements designated at Reith Rd. Committee unanimously recommended setting August 19th as the Public Hearing date for the 6 Year Transportation Improvement Plan. Wicicstrom commented that this is the statutory requirement related to the 6 Year Transportation Plan. This is not the balanced Financial Capital Improvement Plan that is coming along with the budget. Although they are quite similar, there are some differences because of our financial capability. He said that if there is some new financing and there grants, these are the projects that meet both our traffic needs and are highly likely to get some outside funding. Water District #1 11 Agreement - Kent Springs Customer Removal Water Mains Wicicstrom explained that at the previous Committee meeting, there was an agreement related to Water District #111 participating in some main replacements in this area and, Council awarded the construction project to build these mains. We have about 30 customers off the old Kent Springs Transmission Main and since the early '70's, we have been steadily removing approximately 300 customers and these are the last 30. He said we have been removing them because the transmission main brings the water from sources to our reservoirs and then goes to the distribution system. We have to maintain a certain chlorine contact time in the water before reaching the first customer. With removal of these customers, we will have met that goal. Essentially, they were on a spaghetti system built in the '30's and over time we had maintained those systems. They are in Water District #111 service area so we are billing them to #I I I and,this is the ~ agreement that transfers those customers to that Water District. In doing that it also 3 allows them to execute a reimbursement agreement for properties that are not presently _. served but when they tie on to these mains, they will be reimbursing us for our costs. Some of the properties were quite large and could be re-subdivided. There is potentially $330,000 of water utility money that we could recoup over a pericd of time. Wickstrom said the agreement is for 30 years. There are 4 customers that were not on the spaghetti system and had direct connection to the main and the district did have mains to those properties. Those 4 customers will have to pay a latecomer charge. Committee unanimously recommended authorizing the Mayor to sign the agreement with WD #I I I on behalf of the City. Added item: Dept of Ecology Grant Robyn Bartelt explained this is a grant we received from the Dept of Ecology. It was on a fast track because the funds were only available this year - the Mayor's signature was required by the end of June, which we did receive. She said this is a 60 - 40 grant; we will be matching it with Icing County Waste Reduction Recycling Grant money and we need to establish a budget to receive these funds. They are for capital items only - we will be purchasing recycling containers for businesses, enhance our City's in-house recycling program and to purchase solid waste and recycling containers to upgrade the City's downtown area street containers. Committee unanimously recommended accepting the grant and establishing the budget. Added (information) item Wickstrom said that 18 months have now expired and we are getting calls on removing the S. 244th St barricades. He said we will be notifying all the residents who attended the previous meetings on this issue plus a letter to the entire area and letting them know the date when these barricades will be removed as per Council direction. Meeting adjourned: 4:00 p.m. 4