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CITY OF
, d SUMMARY AGENDA
_ KENT CITY COUNCIL MEETING
March 17 , 1998
Council Chambers
7: 00 p.m.
MAYOR: Jim White COUNCILMEMBERS: Leona Orr, President
Sandy Amodt Tom Brotherton Connie Epperly
Tim Clark Judy Woods
CALL TO ORDER
FLAG SALUTE
ROLL CALL
1. PUBLIC COMMUNICATIONS
A. councilmember Oath of Office
B. Employee of the Month
C. Introduction of Mayor' s Appointees
D. Proclamation - Absolutely Incredible Kids Day
E. Legislative Update
2 . PUBLIC HEARINGS
A. 42"d Avenue South Street Vacation
3 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. LID 350 - Big "K" Sanitary Sewers, 124th Ave SE &
SE 270 - Ordinance
D. Seattle/King County Health Department Grant Agreement,
Hazardous Waste Collection - Authorization
E. Green/Duwamish Watershed Interlocal Agreement -
Authorization
City of Federal Way Interlocal Agreement, Lakehaven
Utility District - Authorization
G. Garrison Creek Park Art Project - Accept
H. Forner House - Approval to Surplus
I. City Council Secretary Position - Creation & Budget
Amendment
J. Corrections Contract with City of Pacific -
Authorization
K. Bicycle Advisory Board Appointment - Confirmation
L. Drinking Driver Task Force Appointment - Confirmation
M. Kent Library Board - Confirmation
N. Benson Highland Final Plat - Set Meeting Date
4 . OTHER BUSINESS
A. S. 11188`n Street Vacation
-f C.t 7l'Z¢,rt,'1 .'7>S flu ff 0-n �,.+c ir,e ..t.<..-.• {;i7
5. BIDS 1 ' CAA+ (aGW �SSue
A. Fire Department Mobile Air Compressor
6 . CONTINUED COMMUNICATIONS
7 . REPORTS
EXECUTIVE SESSION - Property Acquisition
8 . ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the C.ty 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(253)854-6537.
PUBLIC COMMUNICATIONS
Citizens wishing to address the Council will, at this time,
make known the subject of interest, so all may be properly
heard.
A) Councilmember Oath of Office
B) Employee of the Month
C) Introduction of Mayor 's Appointees
D) Proclamation - Absolutely Incredible Kids Day
E) Legislative Update /
Kent City Council Meeting
Date March 17 . 1998
Category Public Hearings
1. SUBJECT: 42ND AVENUE SOUTH STREET VACATION
2 . SUMMARY STATEMENT: Pursuant to Resolution No. 1505, this
date has been set for a public hearing to consider an
application to vacate a portion of the 42"d Avenue S. right of
way located north of S. 216`h Street.
3 . EXHIBITS: Staff memo and map
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
OPEN HEARING:
PUBLIC INPUT:
CLOSE HEARING:
7 . CITY COUNCIL ACTION: S
r; ;�m�'�"
Councilmember A,&1 " ovPS' , Councilmember seconds
to approve/disapprove/ o 1fy the Planning Director' s recom-
mendation to vacate a rtion of 42°d Avenue S. right of way
located north of S. 2 n Street, and to direct the City
Attorney to prepare , a necessary ordinance upon compliance
with the conditions of'� approval .
DISCUSSION•
ACTION:
r Council Agenda
Item No. 2A
CITY OF
Jim White, Mayor
Planning eparanent (253) 859-3390/FAX(253) 850-2544
James P. Harris,Planning Director
MEMORANDUM
March 13, 1998
MEMO TO: Mayor Jim White and City Council Members
FROM: James P. Harris, Planning Director
SUBJECT: Report and Recommendation on an application to vacate a portion of 42nd Avenue
South (STV-98-1)
Recommendation: DENIAL
I. Name of Applicant
Frank E. Donofrio
2508 Jones Avenue N.E.
Renton, WA 98056
(425) 228-3243
II. Reason for Requesting Vacation
The applicant states, "The house built in 1960 encroaches into the right-of-way of 42nd Avenue South
by 8 feet at the north end of house."
III. Staff Recommendation
After reviewing comments from the following departments and agencies:
Public Works
Fire
Police
and conducting our own review, the Planning Department recommends that the request to vacate a
portion of 42nd Avenue South as mentioned in Resolution 1505 and shown on the accompanying
map,be DENIED. The Public Works Department has reviewed this proposed street vacation and has
some real concerns. Minimum right-of-way width for a residential collector arterial is 56 feet. The
220 Jih AVENUE SOUTH 1 KENT.W ASHINGTON 9n03_->89<i TELEPHONE i253,H5v-33Uu
Street Vacation Memorandum
#STV-98-1
Page 2
actual physical width of the improvements for such an arterial is 53 feet(50 feet for the pavement and
sidewalk improvements and another 1-1/2 feet for the placement of street lighting standard). Said
proposed street vacation would only leave 47 feet. Since Polygon is proposing to develop some 200
acres immediately south of this vacation for which 42nd Avenue is the primary access thereto, it will
definitely have to be improved to residential arterial standards, at least thru the area of this vacation.
As such,the Public Works Department cannot support this vacation as proposed. Instead, the Public Works
Department could support the vacation of the easterly 8 feet(plus or minus) thereof subject to the following
conditions:
1) The City is compensated for the value of the right-of-way being vacated.
2) That the Petitioner provide to the Public Works Department engineering plans and analysis which
denotes the additional cost associated with improving 42nd Avenue to residential collector arterial street
standards as attributed to the reduction in available right-of-way. Upon concurrence therewith by the Public
Works Department, the Petitioner shall compensate the City for said additional amount.
PAADM1MSTV981.RPT
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CONSENT CALENDAR
3 . City Council Action:
Councilmember moves, Councilmember
seconds that Consent Calendar Items A through N be approved.
Discussion
Action
3A. Approval Of Minutes.
Approval of the minutes of the Council workshop of February 17 ,
1998 , the regular Council meeting of March 3 , 1998, and the
special Council meeting of March 41 1998.
3B. Approval of Bills.
Approval of payment of the bills received through February 27
and paid on February 27 , 1998 , after auditing by the Operations
Committee on March 10, 1998 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/27/98 196543-196731 $ 592 , 260. 23
2/27/98 196732-1971,14 $1 490,974 . 27
$2 , 083 , 234 . 50
Approval of checks issued for payroll for February 16 through
February 28, 1998 and paid on March 5, 1998 :
Date Check Numbers Amount
3/5/98 Checks 226011-226308 $ 231, 682 . 21
3/5/98 Advices 55751-56285 $ 693 , 018 . 00
$ 924 , 700. 21
Council Agenda
Item No. 3 A-B
Kent, Washington
February 17, 1998
A workshop on the Public Development Authority for the Saturday
Market Building was held at 5:30 p.m. Councilmembers present:
Amodt, Brotherton, Clark, Epperly, Orr and Woods. Approximately
15 people were at the meeting.
Council President Orr noted that the City Council has approved
the formation of a Public Development Authority for the Saturday
Market Building.
Pete Curran outlined the history of the project to this point and
explained how the process will work. He noted that the use of a
Public Development Authority would give the City the power to
recover the asset and regain control if desired.
Chuck Turner distributed copies of a financial chart and
displayed a model of the project. He explained the financial
aspects and said opening will most likely be in the spring of
1999 . He stated that in the worst case scenario, the total debt
service would be just under $44, 000 per year.
Curran and Turner then answered questions from Council regarding
financial forecasting, staffing requirements, rental and
registration fees, occupancy, management, taxes and vendor
criteria. Turner agreed to provide information on performance
over the past three years. Brotherton and Woods spoke in support
of the project.
Orr thanked Curran and Turner for their presentation, and noted
that questions could be asked at the Council meeting of March 3rd
or in advance.
The meeting then adjourned at 6: 30 p.m.
u /
Brenda Jacober, CMC
City Clerk
Kent, Washington
March 4, 1998
A special meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor White. Present: Councilmembers Admodt,
Brotherton, Clark, Epperly, Orr and Woods.
The meeting recessed to Executive Session at 7: 02 p.m. to review
applications for the vacant Council position.
The meeting reconvened at 8 :44 p.m.
ORR MOVED that the following four people be invited to interview
for the vacant City Council position on March 12, 1998 :
Amir Fakharzdeh
Jon Johnson
Jan Redding
Rico Yingling
Woods seconded and the motion carried.
The meeting adjourned at 8 : 45 p.m.
Brenda Jac a CMC
City Clerk
Kent, Washington
March 3 , 1998
Regular meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor White. Present: Councilmembers Amodt,
Brotherton, Clark, Epperly, Orr and Woods, Operations Director/
Chief of Staff McFall, City Attorney Lubovich, Planning Director
Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police
Chief Crawford, Parks Director Hodgson, Employee Services Director
Viseth, and Finance Director Miller. Approximately 50 people were
at the meeting.
PUBLIC Jim Bennett. Mayor White noted that former
COMMUNICATIONS Councilmember Jim Bennett was hospitalized
yesterday. Orr sent best wishes to him on behalf
of the Council.
Board Openings. The Mayor noted that there are
openings on the Bicycle Advisory Board and the
Drinking Driver Task Force and encouraged anyone
interested in serving on these Boards to contact
the Mayor's Office.
Introduction of Appointee. Mayor White noted
that Council President Orr has appointed Tom
Brotherton to serve as the Council representative
to the Human Services Commission.
Employee of the Month. Mayor White announced
that the Employee of the Month presentation will
occur on March 17th.
Chamber of Commerce Presentation. Barbara
Ivanov, Executive Director of the Chamber of
Commerce, introduced Chamber President Tom Wood,
Past President Rico Yingling, Assistant Director
Darlene Andrews and Vice President of Commerce &
Industry Tom McLaughlin. Mr. Wood explained that
the Chamber depends on volunteers and that each
month they choose a volunteer who has distin-
guished themself. He announced that Finance
Director May Miller has been selected for this
month and presented her with the award. He
thanked Ms. Miller for all her help and noted
that she played a big role in solidifying the
relationship between the City and the Chamber.
It was noted that Miller is a hard worker and
that the Economic Study could not have been done
without her. She was also commended for her
innovative, adventuresome spirit. Ms. Miller
thanked the Chamber for the award.
1
Kent City Council Minutes March 31 1998
PUBLIC ADDED ITEM
COMMUNICATIONS (OTHER BUSINESS - ITEM 4F)
oath of office. Jan Redding, 9511 S. 207th
Place, noted that although Mayor White had taken
the Oath of Office privately, he was ill when the
others were publicly sworn in. She asked whether
he would publicly take the Oath of Office at this
time. White agreed and was sworn in by the City
Clerk.
CONSENT ORR MOVED that Consent Calendar Items A through
CALENDAR J be approved. Woods seconded and the motion
carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. Approval of the minutes of
the regular Council meeting of February 170 1998 ,
and correction to the minutes of February 31 1998
by the addition of the following at the end of
the first paragraph:
Page 5, Item 4B, Personal Watercraft.
EPPERLY MOVED for the adoption of Ordinance
No. 3385 relating to the operation of personal
watercraft on Lake Meridian. Orr seconded.
HEALTH & (CONSENT CALENDAR - ITEM 3H)
SANITATION Pacific Terrace. AUTHORIZATION to accept the
bill of sale for Pacific Terrace submitted by
Pacific Industries, Inc. for continuous operation
and maintenance of 617 feet of watermain, 822
feet of sanitary sewers, 590 feet of street
improvements, 1, 510 feet of storm sewers and
release of bonds after the expiration period, as
recommended by the Public Works Director. The
project is located at S. E. 248th Street & 108th
Avenue S.E.
SEWERS (PUBLIC HEARINGS - ITEM 2A)
LID 350 - Big "R" Sanitary Sewers. This date has
been set for the public hearing to establish the
formation of LID 350 - Big "K" Sanitary Sewers,
at 124th Avenue SE and SE 270th.
Public Works Director Wickstrom pointed out the
boundaries of the LID and outlined the history
of the project. He stated that there is 53%
interest in the LID and that formation of an LID
is one of the most economical means of solving
2
Kent City Council Minutes March 3 , 1998
SEWERS some of the septic system problems in the area.
Wickstrom noted that there are 55 properties and
that the total cost of the project is $603 , 852 .
He explained the method of assessment, noting
that there is a basic charge and a square foot
charge to accommodate larger lots. He said the
City proposes to contribute $66, 000, lowering the
cost to others to $537, 807 . 60. He also noted
that as bigger properties develop, the City would
be reimbursed through late comer charges when
additional connections are requested. Wickstrom
stated that the assessments are $9,778.32 per
lot. He then explained the payment options. He
added that water is also provided to the area,
and that new mains are being put in at no cost to
the property owners. He explained that the water
system will be built in the streets and it will
pay half the street restoration, so there is a
savings in terms of the LID costs.
Mayor White opened the public hearing. Catherine
Jordan, 27024 125th Avenue SE, voiced concern
about the cost. She acknowledged that there is a
need for a sewer, but said the assessment does
not reflect the true cost to the homeowner. She
suggested that the side sewer be financed in the
package as well, that the bond be set at a lower
interest rate, and that only one appraisal be
done. Gail Otsuka, 12236 SE 270 Street, stated
that a petition was circulated three years ago in
which 32 property owners expressed an interest in
forming the LID, believing that they would bene-
fit from the installation of a sanitary sewer.
She said the only people who will benefit are the
developers, the City of Kent, and owners who can
subdivide their land. She said storm drains
should have been installed or upgraded during the
development stage to handle run-off.
Barbara Kriewalk, 12612 SE 270 Street, stated
that during the rainy season they have serious
sewer problems and that they are aware that the
septic system could fail. She said that a sewer
has to be built and that it will be more expen-
sive in the future. Bret Sherman, 27026 124th
Avenue SE, said he has had problems with the
septic system since 1989 . He said he feels the
City should pick up more of the cost and that the
cost to property owners should be determined by
square footage.
3
Kent City Council Minutes March 3 , 1998
SEWERS There were no further comments and ORR MOVED to
close the public hearing. Woods seconded and the
motion carried.
CLARK MOVED to direct the City Attorney to
prepare the necessary ordinance creating the
formation of LID 350, Big "K" Sanitary Sewers.
Woods seconded.
Upon Clark's request, Wickstrom explained for
Mr. Sherman that not all of Lot 27 will be
serviced by the sewer, and that some of it will
be serviced through the Derbyshire area. He said
that a base charge of $7, 000 per lot was esta-
blished and the balance was distributed over the
entire LID boundary area. He added that there
has not been a sewer LID below $10, 000 in a long
time. He explained that $7, 000 was chosen
because the City is sharing the cost of the pro-
ject. He noted for Clark that the large lots to
the west of 124th are the only ones with poten-
tial to be subdivided, and that the City has
attempted to take further growth into account.
Woods explained that anyone who builds later
would have to pay the same amount to hook up to
the sewer, and Wickstrom noted that this must be
paid in cash at the time of connection and that
those funds go into the Sewer Fund to construct
other projects. Mr. Sherman spoke in regard to
Lot 27 and Wickstrom explained that about half of
that lot would be serviced off of this LID and
the other half would be serviced off of an LID
yet to be formed. He said that the charges for
all lots are calculated in the same way.
Epperly pointed out that each lot gets one
connection and that the developer would have to
supply additional connections if he subdivides.
Wickstrom added that any additional connections
will be charged for in addition to the one con-
nection charge. Woods stated that Councilmembers
are aware that LIDS impose hardship on many
people, but that the cost per assessment will be
higher in the future. Orr noted that there are
issues with the creek and wetlands which can be
dangerous if not taken care of. She noted that
the cost of rebuilding a septic system is very
close to the cost of an LID. Wickstrom noted for
4
Kent City Council Minutes March 3 , 1998
SEWERS Orr that property owners sometimes get together
and negotiate an agreement with a contractor to
install a side sewer, so they get a lower price
due to volume. He said staff would talk to
property owners about that process, but that they
would not suggest a contractor. He added that
construction is approximately a year away.
McFall noted that the problem with including any
kind of financing of side sewer connections is
that those are improvements to private property.
Mayor White said that legislation was being
considered allowing cities to create a revolving
fund to address this issue, and noted that this
will be tracked again next session.
Clark' s motion to prepare the necessary ordinance
creating the formation of LID 350 then carried.
STREETS (CONSENT CALENDAR - ITEM 3I)
LID 348 64th Avenue Improvements. ACCEPT the
LID 348 64th Avenue Improvements project as
complete and release retainage to Gary Merlino
Construction upon standard releases from the
State, and release of any liens, as recommended
by the Public Works Director. The original
contract amount was $1, 249, 224 .44. The final
construction cost was $1, 280, 215. 01.
STREET VACATION (OTHER BUSINESS - ITEM 4C)
s. 188th street Vacation. The applicants for
this street vacation have requested another con-
tinuation of the matter. The hearing was held on
January 20, 1998 . It was tabled to February 3
and removed from the February 17 council agenda.
The applicants have requested that this matter be
continued to March 17 , 1998 .
CLARK MOVED to continue this matter of the South
188th Street Vacation to March 17, 1998. Orr
seconded and the motion carried.
PLATS (OTHER BUSINESS - ITEM 4A)
REMOVED BY COUNCIL PRESIDENT
Benson Highlands Final Plat. Council President
Orr explained that the plat is not ready and that
this item should be removed from the agenda until
further notice.
5
Kent City Council Minutes
March 3 , 1998
PLATS (OTHER BUSINESS - ITEM 4B)
Nancy"s Grove Final Plat. An application for the
Nancy' s Grove Division III final plat has been
received by the City. The subdivision is 10.83
acres in size and is located east of 144th Avenue
SE and south of SE 278th Street. Nancy' s Grove
Division III was approved by King County under
Ordinance No. 11462 on August 29 , 1994.
CLARK MOVED to approve the staff' s recommendation
of approval for the Nancy's Grove Division III
final plat with 20 conditions and to authorize
the Mayor to sign the final plat mylar.
Brotherton seconded and the motion carried.
DOWNTOWN (OTHER BUSINESS - ITEM 4A)
STRATEGIC ADDED BY COUNCIL PRESIDENT
ACTION PLAN Downtown Strategic Action Plan. Orr noted that
the Committee of the Whole met today and dis-
cussed the final portions of the Downtown Plan.
She noted that this matter has been before the
Planning committee and other meetings for
approximately a year, and MOVED to adopt the
recommendation of the Land Use and Planning Board
on the proposed Downtown Strategic Action Plan,
dated June 2 , 1997 , as amended by the actions of
the City Council Planning Committee on August 6,
August 19, September 16, and December 9 , 1997 ,
and as further amended by the City Council
Committee of the Whole on March 31 1998; this
Plan includes recommendations for a commuter rail
station with structured parking located between
Gowe and Willis Streets next to the Burlington
Northern/Santa Fe Railroad. Woods seconded.
Clark noted that this has been a long process and
thanked staff for their efforts. Orr also
thanked staff for their support in getting recent
Council actions into the plan. Her motion then
carried.
PUBLIC (OTHER BUSINESS - ITEM 4D)
DEVELOPMENT Public Development Authority (Saturday Market
AUTHORITY Building) . The City Council is being asked to
consider adoption of an ordinance to create the
Kent Downtown Public Market Development
Authority. The ordinance would approve a charter
and the initial bylaws establishing a Board of
Directors to govern the affairs of the Authority
for the operation of a downtown public market.
6
Kent City Council Minutes March 3, 1998
PUBLIC ORR MOVED t0 adopt Ordinance No. 3396, creating
DEVELOPMENT the Kent Downtown Public Market Development
AUTHORITY Authority approving a charter and additional
bylaws for the operation of a downtown public
market. Woods seconded. Clark said this is an
investment in the future of the city. Orr' s
motion then carried.
NEWSLETTER (CONSENT CALENDAR - ITEM 3G)
Kent Reporter Newsletter Contract. APPROVAL of
the contract with the Kent Reporter to provide a
one-page monthly city newsletter and direct
staff to discontinue publication of the City' s
quarterly newsletter as part of the Parks and
Recreation brochure, as recommended by the
Operations/Public Safety Committee at its
February 24th meeting. The newsletter content
and layout would be completed in-house.; Distri-
bution would be to all Kent householdslin the
incorporated boundary. The expenditure below
includes the Kent Reporter contract as1well as
operating funds for additional graphics pro-
duction work and materials.
APPOINTMENTS (CONSENT CALENDAR - ITEM 3J)
Human Services Appointment. CONFIRMATION of the
Council President's appointment of Councilmember
Tom Brotherton to serve as the non-voting City
Council representative to the Kent Human Services
Commission. This is a one-year term and will
continue to l/1/99 .
PARKS & (CONSENT CALENDAR - ITEM 3C)
RECREATION City-wide Space Study Contract. AUTHORIZATION
for the Mayor to enter into a contract with
Merritt+Pardini in the amount of $67 , 770 to
conduct a City-wide space study and to establish
a total budget for $75, 000, to be funded with
$20, 000 previously budgeted for this purpose and
$55, 000 from the unallocated CIP revenue fund.
A space study would help staff determine space
requirements for the next 10 to 12 years for all
departments, how to absorb space in the
Centennial Center as leases expire, and the
need for outlying facilities and how to split
operations to decrease travel time for employees.
(OTHER BUSINESS - ITEM 4E)
Kentridae Park Master Plan. Parks staff, in
coordination with the residents of the Kentridge
Park neighborhood, have prepared a Master Plan
7
Kent City Council Minutes March 3 , 1998
PARKS & for improvements to the park. Staff met with
RECREATION neighbors following the February 31 1998, Parks
Committee meeting to address issues raised by
some residents. Site preparation and irrigation
will be installed by the City staff and neighbor-
hood volunteers will install new play equipment.
To create the budget for the improvements, funds
will be transferred from the following accounts:
$ 772 .59 CIP Funds: P32 - Fencing
$ 3 ,790.09 CIP Funds: P39 - City Flowers
$10, 000. 00 P29 Playground Safety
$30 . 000. 00 P13 East Hill Fee-in-Lieu of Funds
(Kingstone)
$44, 562 . 68 Total
WOODS MOVED to approve the Kentridge Park Master
Plan and create the Kentridge Park Playground
Safety Project Budget with $44,562 . 68 from
transferred funds. Epperly seconded.
Woods noted that this was discussed today by the
Parks Committee. Jonathan Gurish, 12011 SE 280
St. , thanked Orr for her help and said that a
"wait and see" attitude has been taken regarding
parking. He said he feels this will be a good
project. Woods' motion then carried.
POLICE (CONSENT CALENDAR - ITEM 3F)
Corrections Contracts with Cities of Covington
and Maple Valley. AUTHORIZATION for the Mayor to
sign contracts for jail services with the City of
Covington and the City of Maple Valley.
The proposed contracts for jail services with the
City of Covington and the City of Maple Valley
are standard outside agency contracts with two
minor exceptions:
1) A $15 administrative fee has been added for
each time a person is booked into the facility to
cover costs of maintaining photos and extra print
cards that would normally go to the contracting
agency.
2) Kent has negotiated a fee for transporting
their inmates to court and/or medical appoint-
ments when their officers are not available to do
SO. This fee is based on the corrections officer
wages plus a $2/hour administrative fee. If the
individual is a felon and has to be transported
8
Kent City Council Minutes March 3 , 1998
POLICE by patrol, the rate of top patrolman plus 10
years and a $2/hour administrative fee has been
used.
FIRE (CONSENT CALENDAR - ITEM 3E)
Fire Equipment Replacement and Budget Chance.
AUTHORIZATION to establish a budget of $20, 000
from the Fire Apparatus Replacement Fund to
replace four apparatus pumps.
Four of the City' s engines are almost ten years
old. The average mileage on the apparatus is
65, 000 miles. The engine hours (51320) , equate
to greater than 180, 000 miles. Through normal
wear, and related to a design flaw, the pumps
have begun to fail. Two apparatus are currently
out of service and the other two are showing
signs of significant pump wear. The replacement
pumps cost is approximately $40, 000 for four
pumps. However, our apparatus maintenance
supervisor has argued that even though the pumps
are out of warranty, that the designed was flawed
as evidenced by the wear and the redesign of the
pumps. He has gotten the manufacturer to agree
to replace the pumps at half price. For safety
and operations reasons it is necessary to replace
the four pumps at this time. The apparatus
replacement fund was designed for such large
repairs and funds are available within the fund.
(BIDS - ITEM 5A)
Fire Department Uniform Bids. Due to department
growth and State mandates, the Fire Department
will spend over $25, 000 on uniforms and safety
clothing. It is most efficient and cost effec-
tive to purchase a "uniform package" from a low
bid vendor. An anticipated expenditure estimated
not to exceed $50, 000 will occur this year and
the Fire Department requests approval from the
City Council to purchase uniform items from
Lighthouse Uniforms, as they were the lowest bid
from the three vendors submitting "package"
prices.
EPPERLY MOVED that the Fire Department be
authorized to proceed with purchasing uniform
items from a single vendor, Lighthouse Uniforms,
for the 1998 year with an estimated expenditure
of $50, 000. Amodt seconded and the motion
carried.
9
Kent City Council Minutes March 31 1998
EMPLOYEE (CONSENT CALENDAR - ITEM 3D)
SERVICES Deferred Compensation Contract ADOPTION of
Ordinance No. 3395 establishing an I.R.C. Section
457 Deferred Compensation Plan with the Public
Employees Benefit Services Corporation (PEBSCO)
and authorization for the Mayor or his designee
to execute all necessary documents to accomplish
that purpose, subject to review and approval by
the City Attorney.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Hills. APPROVAL of payment of the
bills received through February 13 and paid on
February 13 , 1998, after auditing by the
Operations Committee on February 24 , 1998 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/13/98 195915-196181 $ 727 , 168 . 31
2/13/98 196182-196542 1, 157 , 058. 04
$1, 884, 226. 35
Approval of checks issued for payroll for
February 1 through February 15 and paid on
February 20, 1998 :
Date Check Numbers Amount
2/20/98 Checks 225703-226010 $ 238, 897. 08
2/20/98 Advices 55241-55750 727 . 700. 08
$ 966, 597 . 16
REPORTS Council President. Orr asked that Councilmembers
contact Ms. Banister regarding the Suburban
Cities dinner on March 11.
Orr noted that there will be a special Council
meeting on March 4th at 7 : 00 p.m. to discuss
candidates for the vacant Council position during
an Executive Session. She said that finalists
will be invited to be interviewed for the
position at a special meeting on March 12th at
7 : 00 p.m. , and that the vacancy should be filled
by March 17th.
Operations Committee. Epperly noted that the
next Operations/Public Safety Committee will be
held on March loth at 5 : 00 o'clock.
10
Kent City Council Minutes March 3 , 1998
REPORTS Public Works/Planning committee. Brotherton
noted that funding has been provided to the
Children's Home Society to extend the Healthy
Families Program to Kent in April. He added that
applications are due on April 3 and are available
in the Planning Department on March 13 .
Administrative Reports. McFall noted that a
Legislative Update has been provided to each
Councilmember, as Ms. Laurent is unable to attend
tonight's meeting.
ADJOURNMENT The meeting adjourned at 8: 10 p.m.
Brenda Jac er, CMC
City Cler
11
Kent City Council Meeting
Date March 17 . 1998
Category Consent Calendar
1. SUBJECT: LID 350 - BIG "K" SANITARY SEWERS, 124T" AVE SE &
SE 270 - ORDINANCE
2 . SUMMARY STATEMENT: As recommended by Council, adoption of
Ordinance No. establishing the formation of LID 350 - Big
"K" Sanitary Sewers 124th Ave SE & SE 270th St.
3 . EXHIBITS: Public Works Director Memorandum and ordinance
4 . RECOMMENDED BY: Council 3/3/98
(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
DEPARTMENT OF PUBLIC WORKS
FEBRUARY 26, 1998
TO: Mayor and City Council
FROM: Don Wickstrom'.J7U
RE: L.I.D. 350 - Big 'K' Sanitary Sewer (124th Ave SE & SE 270th St)
March 3, 1998 has been scheduled for the formation hearing for the above referenced
LID project.
BACKGROUND
In June 1994 the City of Kent received the petition requesting for the installation of
sanitary sewers in the vicinity of 124th Ave SE and SE 270th Street including the plat of
Big 'K' as shown on the attached map. As a result, the City developed a proposal for
the formation of a Local Improvement District (L.I.D.) to do the same. The City then
mailed the information to all property owners involved and held an informational
meeting thereon on August 17,1995. The property owners then completed a
Questionnaire indicating their interests or disinterest in the proposal. At that time there
was sufficient interest to proceed to the next step in the formation process. However,
the project was put on hold because in order to service Big 'K' and the surrounding
area, an interceptor sewer had to be extended to the area and a new pump station
installed. The City has now progressed sufficiently on the pumping station and
interceptor that its now appropriate to proceed ahead with the formation of the Sanitary
Sewer Interceptor.
During November 1997, the City reviewed the proposal to confirm the L.I.D. boundary.
Six property owners were contacted to confirm interest due to several new owners and
revised assessments. The boundary was finalized as shown on the attached map.
Through the questionnaire process 53.70% expressed interest,18.52% do not want the
project, 1.85% stated they would support the majority of other owners and 25.93% did
not respond.
It is not known how many septic systems are technically in a state of failure, however,
we understand that there are numerous septic problems in the area. Attached is a
letter from the Seattle-King County Department of Public Health discussing the septic
problems that exist, the difficulty in repairing these problems and recommending that
NY001.MV Page 1 of 5
sanitary sewers be installed as the most feasible and economical method for
addressing the situation.
One owner wants the sewer since she can no longer do laundry at home. Another
owner purchased the property for a new church and is in need of sewer. A new owner
is in favor since she was told by neighbors of the poor drainage and numerous septic
system failures in the area. One owner against the sewer doesn't want development on
the vacant lots on both sides of his property.
The Resolution of Intent #1504 was approved by City Council on February 3, 1998
which set the hearing date for March 3, 1998.
PROPOSEDIMPROVEMENTS
The proposed project is the construction of an 8" sanitary sewer system with side sewer
stubs to the right of way line or easement line for each of the 55 properties included in
the L.I.D. boundary.
The construction will include 8" sewer at the following locations:
ON FROM TO
124th Ave. SE SE 272nd St. approx. 250 ft north
SE 270th St. 124th Ave. SE approx.660 ft west
125th Ave. SE SE 270th St. approx. 470 ft south
126th Ave. SE SE 270th St. southwesterly to cul-de-sac
SE 270th St. 125th PI. SE approx. 390 feet southeasterly
125th PI. SE SE 270th St. northeasterly to end
Easement SE 270th St. approx. 300 approx. 140 feet northeasterly
feet east of 124th Ave. SE
SE 270th St. SE 270th St. approx. 300 125th Ave. SE
feet east of 124th Ave. SE
Easement approx. 250 feet north of approx. 1600 feet southeasterly
SE 270th St.
(Note: This last listed easement location will be constructed as a 24 inch diameter trunk sewer. The L.I.D.
will fund the cost for an 8 inch diameter sewer. The City will fund the cost to upsize the main to 24 inch as
part of a major trunk main project which will bring the sanitary sewer to the neighborhood.)
NY001.MV Page 2 of 5
Also included is street and general restoration.
PROJECT FUNDING
LID $537,807.60
CITY $ 66,044.40
TOTAL $603,852.00
The LID share is composed of 55 assessments of $9,778.32 each.
This is an LID project, however City funding is being proposed for several reasons.
The Seattle-King County Department of Public Health is concerned with the problem of
failing on-site sewage systems in the neighborhood and the related health threat
associated therewith. They also recommended that sanitary sewers be installed due to
the difficulty and expense of repairing on site septic systems. Therefore, the major goal
of this project is to provide sanitary sewer service to each property involved to provide
an alternative means of correcting existing septic failures and to prevent others from
failing in the future. To accomplish this, each property involved will receive one
residential sewer connection to service the existing house or to allow a house to be built
on currently vacant property.
Several of the properties are of sufficient size to allow further development in the future.
This would result in the need for a higher level of service or more connections. If this
happens, an additional share of the project cost should be paid. The Engineering
Department proposes to fund the cost ($66,045) of the potential additional service that
may be needed in the future. To receive reimbursement, a charge in lieu of
assessment will be established which becomes payable should an increase in service
level above one residential connection be required. This procedure minimizes the initial
cost for these larger properties making it more feasible for the property owner to
support the L.I.D., especially if they do not have development plans. However, should
they have the need for increased service and are able to obtain the necessary
development approvals, they will be required to pay an appropriate share at the time
the additional service is obtained.
In addition to the above funding, the City also owns one property in the L.I.D. and will
pay the assessment should the L.I.D. be formed.
ASSESSMENTS
With the proposal and City funding as explained above, each property initially receives
one residential connection. Therefore, since everybody receives the same service, the
NY001.MV Page 3 of 5
cost is spread evenly to all properties. The preliminary assessment per property is
$9,778.32.
To arrive at this amount, the total estimated project cost of $603,852 was distributed to
all properties in the L.I.D. using a base charge and a square footage factor which
compensated for the larger subdividable properties. The results for all of the apparent
undividable lots was then averaged to determined the single connection lot charge.
This then became the amount assessed to all properties regardless of size. The
difference been the sum of all these single connection lot charges and the total project
cost become the amount of City funding required and also represents the potential
amount to be collected in the future through the charge in lieu of assessment. The City
funded amount is $66,045 and the L.I.D. total is $537,807.60.
The base charge used in the above was $7,000. The square footage factor was the
balance of the project cost, divided by the developable square footage of all parcels
contained within the L.I.D. boundary.
The developable square footage excluded wetland and their associated buffering
properties.
PAYMENT OF ASSESSMENT
Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a
30-day period in which any portion or all of the assessment can be paid without interest
charges. After the 30-day period, the balance is paid over a ten-year period wherein
each year's payment is one-tenth of the principal plus interest on the unpaid balance.
The interest will be what the market dictates.
SUPPORT FOR LID 350
To defeat an LID proposal, there must be protest from property owners representing 60
percent or more of the proposed LID assessments. The total project cost for
caluculating protest percentage is $528,029.28 since City owned property is not
considered, for which the 60% protest amount would be $316,817.57.
As indicated previously, there appears to be sufficient property owner support for the
project with 53.7% expressing interest through the questionaire process. Should this
level of support continue through the public hearing process, it will then be a City
Council decision whether or not to proceed with the LID formation process and approve
the LID formation ordinance.
NY001 MV Page 4 of 5
MANDATORY SEWER CONNECTION
The City Code states that all residences whether within or outside the City limits,
located within 200 feet of a City of Kent sanitary sewer shall be required to connect to
the sewer and shall be billed for the service. The Code provides that compliance with
this provision be within 90 days after the date of official notice to do so. In the case of a
public health or safety hazard compliance shall be within 20 days of official notification.
Following construction of the project, should the LID be formed, the City will send each
property owner an official notice that the sanitary sewer service is available to the
parcel and is within 200 feet of the house. Following the compliance period, all
properties which have not yet applied for a side sewer permit will automatically be
added to the sewer billing list.
EASEMENT ACQUISITION
The project will require acquisition of easements. Main line sewers outside of public
right of way on private property require easements granted to the City. The properties
involved will be appraised followed by negotiation between the City and owner. Final
settlement can be direct payment to the owner or can be a credit towards the L.I.D.
assessment for the property, thereby reducing the amount of the yearly payments.
WATER MAIN CONSTRUCTION
In conjunction with the sewer project, the City plans to reconstruct the water mains east
of 124th Ave SE. The benefit of constructing both utilities at the same time is the
opportunity for sharing road restoration and repairing costs. For those locations where
both utilities are to be constructed, the costs are split between the sewer L.I.D. and the
City's water rebuild fund.
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Seattle-lung Count% Department of Public Health
Sharon Steevart Johnson. Acting Director
April5, 1995
NOTICE TO BIG "K" PLAT HOME O,kWERS
As a Big "K" Plat homeowner, you are no doubt famiiiar by now with your neignbornood
problem of ;ailing on-site sewage systems. Even if vour own sepuc system nas not surfaced on
the ground or backed up into your !house, the problem your neighbor is having down the street
is a proximate threat to your familv's health. Your neighbor's problem may no longer be fixed
by the snort term soiuuon of digging more drainlines on his property. Reconstrucuon or repair
to existing drainfields is very difficult and expensive. especially with the new 1995 state code.
Problems to repair septic systems in this area are compounded due to limited space, inadequate
setbacks and poor soils.
It is not unusual for you to be experiencing problems now and for these probiems to steadily get
worse. Your on-site septic system was designed as a short to-m disposal method which would
someday be replaced by public sewers. In the early and mid !960's when the Big "K" was
platted, the design standards were less stringent. Many septic systems are at or near their twenty
to thirty year life expectancy, depending on their use and maintenance.
There is no economically feasible alternative to public sewers for failed on-site systems. Cost
of a septic system repair may be as nigh as S 10,000 to S 15.000, similar to the cost of hooking
up to public sewers. If someone wishes to repair their septic system they may still be requirec
to nook to the sewer when public sewer becomes available
The Health Department 'nas made recommendation to the City of Kent to extend sanita.-v sewers
into the Big "K" Plat. To initiate that process. Big "K" residents will be given the opportunity
in the near future to sign a petition to snow support ;or the formation of a Utility Local
Improvement UISLL<;L kU.i..i.D.). Some vi !our rOr tis
you are concerned and wish to volunteer, or nave questions a'Dout procedure, please call Nler-i11
Vesper, City Engineer, at 859-338-1.
As a future measure, the Health De zi-rime^,t and the C:r. >i Kent will work to2e,he- to me-: :he
needs of the communliv. If you nave anv questions - w;sn additional clarirication or
information on this matter please contact Paui Robinson. Senior Environmental Health Specialist
at the Alder Square District Environmental Health Office. onone 396-4 108. Mondav through
-sdav 7:30 ANI :o a: 0 ANl.
i lder 5yuse Environmental Kealth Service'.e I WW I rntril 1vr. .... �unr IUI Ken[. u _Iln F 0,,
'onnrM pn Aecva"Piper'
CITY OF KENT, WASHINGTON
ORDINANCE NO.
AN ORDINANCE ordering the construction of an 8" sanitary sewer
system in and near the "Big K" Addition of the City, with side sewer stubs and
related improvements, all in accordance with Resolution No. 1504 of the City
Council; establishing Local Improvement District No. 350 and ordering the
carrying out of the proposed improvement; providing that payment for the
improvement be made in part by special assessments. upon the property in the
District, payable by the mode of "payment by bonds"; and providing for the
issuance and sale of local improvement district warrants redeemable in cash or
other short-term financing and local improvement district bonds, and for interfund
loans.
WHEREAS, by Resolution No. 1504 adopted February 3, 1998, the City Council
declared its intention to order the construction of an 8" sanitary sewer system in and near the
"Big K" Addition of the City, with side sewer stubs and related improvements, and fixed
March 3, 1998, at 7:00 p.m., local time, in the Council Chambers of the City Hall as the time
and place for hearing all matters relating to the proposed improvement and all comments thereon
and objections thereto and for determining the method of payment for the improvement; and
WHEREAS, the City's Director of Public Works caused an estimate to be made of the
cost and expense of the proposed improvement and certified that estimate to the City Council,
together with all papers and information in his possession touching the proposed improvement,
a description of the boundaries of the proposed local improvement district and a statement of
what portion of the cost and expense of the improvement should be borne by the property within
the proposed district; and
WHEREAS, that estimate is accompanied by a diagram of the proposed improvement
showing thereon the lots, tracts, parcels of land, and other property which will be specially
0325749.01
benefited by the proposed improvement and the estimated cost and expense thereof to be borne
by each lot, tract and parcel of land or other property; and
WHEREAS, due notice of the above hearing was given in the manner provided by law,
and the hearing was held by the City Council on the date and at the time above mentioned, no
objections to the proposed improvement were made and all persons appearing at such hearing
and wishing to be heard were heard; and
WHEREAS, the City Council has determined it to be in the best interests of the City that
the improvement as hereinafter described be carried out and that a local improvement district
be created in connection therewith; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ORDAIN
as follows:
Section 1. The City Council of the City of Kent, Washington (the "City"), orders the
construction of an 8" sanitary sewer system in and near the "Big K" Addition of the City, with
side sewer stubs and related improvements, as more fully described in Exhibit A attached hereto
and by this reference incorporated herein.
All of the foregoing shall be in accordance with the plans and specifications therefor
prepared by the Director of Public Works of the City, and may be modified by the City Council
as long as such modification does not affect the purpose of the improvement.
Section 2. There is created and established a local improvement district to be called
Local Improvement District No. 350 of the City of Kent, Washington (the "District"), the
boundaries or territorial extent of the District being more particularly described in Exhibit B
attached hereto and by this reference incorporated herein.
0325749.01
-2-
Section 3. The total estimated cost and expense of the improvement is declared to be
$603,852.00, and approximately $66,044.40 of that cost and expense shall be paid by the City
and the balance thereof (approximately $537,807.60) shall be borne by and assessed against the
property specially benefited by such improvement included in the District which embraces as
nearly as practicable all property specially benefited by such improvement.
Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any
method or combination of methods to compute assessments which may be deemed to more fairly
reflect the special benefits to the properties being assessed than the statutory method of assessing
the properties.
Section 5. Local improvement district warrants may be issued in payment of the cost and
expense of the improvement herein ordered to be assessed, such warrants to be paid out of the
Local Improvement Fund, District No. 350, hereinafter created and referred to as the Local
Improvement Fund, and, until the bonds referred to in this section are issued and delivered to
the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter
by the Finance Division Director of the City, as issuing officer, and to be redeemed in cash
and/or by local improvement district bonds herein authorized to be issued, such interest-bearing
warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter
may provide by ordinance for the issuance of other short-term obligations pursuant to
chapter 39.50 RCW.
If the City shall authorize expenditures to be made for such improvement (other than for
any cost or expense expected to be borne by the City) prior to the date that any short-term
obligations or local improvement district bonds are issued to finance the improvement, from
proceeds of interfund loans or other funds that are not, and are not reasonably expected to be,
0325'749.01
-3-
reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the
improvement herein ordered to be assessed against the property specially benefited thereby, the
City declares its official intent that those expenditures, to the extent not reimbursed with prepaid
special benefit assessments, are to be reimbursed from proceeds of short-term obligations or
local improvement district bonds that are expected to be issued for the improvement in a
principal amount not exceeding $537,807.60.
The City is authorized to issue local improvement district bonds for the District which
shall bear interest at a rate and be payable on or before a date to be hereafter fixed by
ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all
revenue warrants issued hereunder or other short-term obligations hereafter authorized, including
the interfund loans authorized by Section 6, and not redeemed in cash within twenty days after
the expiration of the thirty-day period for the cash payment without interest of assessments on
the assessment roll for the District. The bonds shall be paid and redeemed by the collection of
special assessments to be levied and assessed against the property within the District, payable
in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode
of "payment by bonds," as defined by law and the ordinances of the City. The exact form,
amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance
of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall
determine.
Section 6. For the purpose of paying all or a part of the costs of carrying out the
improvements within the District pending the receipt of the proceeds of the issuance and sale of
the bonds or short-term obligations referred to in Section 5, interfund loans from the General
Fund, Water Fund and/or Sewer Fund to the Local Improvement Fund in the maximum
0325749.01
-4-
aggregate amount of not to exceed $537,807.60 are authorized and approved, those loans to be
repaid on or before the issuance of such bonds or obligations from the proceeds thereof. Each
of the interfund loans shall bear interest at a variable rate, adjusted the 15th and last day of each
month, equal to the interest rate of the State of Washington Local Government Investment Pool
on the 15th and last day of each month. The initial interest rate on the date of each interfund
loan shall be determined as of the last preceding interest payment adjustment date.
Section 7. In all cases where the work necessary to be done in connection with the
making of such improvement is carried out pursuant to contract upon competitive bids (and the
City shall have and reserves the right to reject any and all bids), the call for bids shall include
a statement that payment for such work will be made in cash warrants drawn upon the Local
Improvement Fund.
Section 8. The Local Improvement Fund for the District is created and established in
the office of the Finance Division Director of the City. The proceeds from the sale of revenue
warrants or other short-term obligations drawn against the fund which may be issued and sold
by the City and the collections of special assessments, interest and penalties thereon shall be
deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in
payment for the work to be done by them in connection with the improvement and cash warrants
in payment for all other items of expense in connection with the improvement shall be issued
against the Local Improvement Fund.
Section 9. Within 15 days of the passage of this ordinance there shall be filed with the
Finance Division Director of the City the title of the improvement and District number, a copy
of the diagram or print showing the boundaries of the District and the preliminary assessment
roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be
0325749.01
-5-
specially benefited thereby and the estimated cost and expense of such improvement to be borne
by each lot, tract or parcel of land. The Finance Division Director immediately shall post the
proposed assessment roll upon her index of local improvement assessments against the properties
affected by the local improvement.
Section 10. This ordinance shall take effect and be in force five (5) days from and after
its passage and five (5) days following its publication as required by law.
By
JIM WHITE, Mayor
ATTEST:
BRENDA JACOBER, City Clerk
APPROVED A O FORM:
Special ounse and Bond
Counsel for the City
Passed the day of March, 1998.
Approved the day of March, 1998.
Published the day of March, 1998.
0325749.01
-6-
EXHIBIT A
LID 350
BIG 'K' SANITARY SEWER
(124TH AVE. SE AND SE 270TH ST.)
SkNTTARY SEWER IMPROVEMENTS
The proposed project is the construction of an 8" sanitary sewer system with side sewer stubs to
the right of way line or easement line for each of the » properties included in the L.I.D.
boundary.
The constriction will include 8" sewer at the following locations:
ON FROM TO.
124th Ave. SE SE 272nd St. approx.250 ft north
SE 270th St. 124th Ave.SE approx.660 ft west
125th Ave. SE SE 270th St. approx.470 ft south
126th Ave. SE SE 270th St. southwesterly to cul-de-sac
SE 270th St. 125th Pl. SE approx. 390 feet southeasterly
125th Pl. SE SE 270th St. northeasterly to end
Easement SE 270th St.approx.300 approx. 140 feet northeasterly
feet east of 124th Ave. SE
SE 270th St. SE 270th St.approx.300 125th Ave. SE
feet east of 124th Ave. SE
Easement approx.250 feet north of approx. 1600 feet southeasterly
SE 270th St.
(Note: This last listed easement location will be constructed as a 24 inch diameter truck sewer. The L.I.D.
will fund the cost for an 8 inch diameter sewer. The City will fund the cost to upsize the main to 24 inch as
part of a separate trunk main project which will extend the sanitary sewer to the L.I.D location.)
Also included is street and general restoration.
350impro.wpd/MKV December 18, 1997
61e 70.4
EXHIBIT B
LID 350
BIG 'K' SANITARY SEWER
(124TH AVENUE SE & SE 270TH STREET)
BOUNDARY LEGAL DESCRIPTION
The East half of the Southeast quarter of the Southwest quarter of Section 28 Township 22 North
Range 5 East W.NI. and that portion of the Southwest quarter of Southeast quarter in said Section
lying southerly of Kent Kangley Highway except the west 470.00 feet thereof lying northerly of Big
K Addition as recorded in Volume 67, page 66 in King County, Washington.
Lmv98006
I 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
0325749.01
Kent City Council Meeting
Date March 17, 1998
Category Consent Calendar
1. SUBJECT: SEATTLE/KING COUNTY HEALTH DEPARTMENT GRANT
AGREEMENT, HAZARDOUS WASTE COLLECTION -
AUTHORIZATION
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to sign the Seattle/
King County Health Department Grant Agreement for two city-wide
Household Hazardous Waste Collection & Recycling events, and
direction to staff to accept the Grant and establish a budget
for $19 , 287 .
3 . EXHIBITS: Public Works/Planning Committee minutes, Public
Works Director memorandum and grant agreement
4 . RECOMMENDED BY: Public Works/Planning 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. 3D
PUBLIC WORKSJPLANNING COMMITTEE
March 2, 1998
PRESENT: Tim Clark Gary Gill ABSENT: Tom Brotherton
Judy Woods Laurie Evazich
Don Wickstrom Jim Harris
Representatives from City of Federal Way
Seattle/King_County Health Dept Grant Agreement
Wickstrom explained that this is a yearly event where we provide two hazardous waste
recycle events independent of the normal recycling material. We have received a grant
for these events and are asking for authorization to proceed.
Committee unanimously recommended authorizing the Mayor to sign the Grant
Agreement and direct staff to accept the Grant and establish a budget for $19,287.00.
Green/Duwamish Watershed Interlocal Agreement
Wickstrom explained that in 1996 during a feasibility study, the Army Corps of
Engineers stated they were eligible to conduct a rehab for past problems within the
watershed. They have conducted a study and have identified 55 different projects which
would restore or preserve habitat for the future. He said this is the feasibility stage to
see how much it would cost to get into the actual design of all these different projects.
Once the projects get beyond that point into the implementation stage, there is 75%
Federal funding. Wicicstrom said the total cost of this two vear feasibility study is $1.2
Million; locals have to pay half of that. The County has already executed the agreement
and we are expecting the agreement with the Countv to pay a portion of that $300,000.
Kent's share is approximatelv S32,000; we have money in our miscellaneous drainage
improvement fund to pay for this.
Committee unanimously recommended authorizing the Mayor to sign the
Green/Duwamish Watershed Interlocal Agreement upon staff concurrence with the terms
thereof and to pay for same out of the Miscellaneous Drainage Improvement fund.
City of Federal Wav/Cit; of Kent Interlocal Agreement, Lalcehaven Utility District
Cary Roe, Director of Public Works, City of Federal Way: In 1992, the City of Federal
Way initiated a process which resulted in a negotiated agreement with Federal Way
Water &Sewer, who have since changed their name to Lalcehaven Utility District, and
it contains three primary points. First, they were to expand their Commission
membership from 3 to 5, which they did. They were to also aggressively pursue a
1
DEPARTMENT OF PUBLIC WORKS
March 2, 1998
TO: Public Works/Planning Committee
FROM: Don Wickstrom
OAj
RE: Seattle/King County Health Dept. Grant Agreement
Hazardous Waste Collection
We have received an agreement for funding from Seattle/King County Health Dept for
two city-wide Household Hazardous Waste Collection and Recycling Events. These
special events allow citizens to recycle specific items which are not included within the
curbside recycling program. The total budgeted funding under this Agreement is
$19,287.00.
MOTION: Authorize the Mayor to sign the Grant Agreement and direct staff to
accept the Grant and establish a budget for $19,287.00.
EXHIBIT I
D22059D
MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS
WASTE MANAGEMENT PROGRAM FOR 1998 ACTIVITIES
This Memorandum of Understanding between the Seattle-King County
Department of Public Health and the City of Kent specifies the
administrative procedures and monetary reimbursement regarding
implementation of the Local Hazardous Waste Management Program.
Scope of Work
The City of Kent will organize cwo city-wide Household Hazardous
Waste Collection and Recycling Events . At these events the
following materials will be collected and recycled: household
batteries, lead acid batteries, antifreeze, all petroleum-based
products/oil filters and automobile tires .
Reporting Requirements
The City shall submit progress reports to the Department with
each payment request . Payment requests must be submitted within
60 days after the completion of the event involved.
Budcret
Attached hereto as "BUDGET/INVOICE" and incorporated herein.
We, the undersigned, agree to the above work:
KING COUNTY: CITY OF KENT:
Ron Sims Date Jim White Date
King County Executive Mayor
APPROVED AS TO FORM BY THE OFFICE OF THE KING COUNTY PROSECUTING
ATTORNEY
EXHIBIT I-A
BUDGET/INVOICE
The City of Kent
220 Fourth Avenue South
Kent, WA 98032-5895
Anthony J. Bossart , Environmental Health Services Supervisor
Seattle-King County Department of Public Health
999 3rd Avenue, Suite 700
Seattle, WA 98104-4039
Period of time : January 1, 1998 to December 31 , 1998 .
In performance of an Agreement between the Seattle-King County
Department of Public Health and the City of Kent, I hereby
certify that the following expenses were incurred during the
above mentioned period of time . The Department Program Monitor
will have access to details as needed.
Signature Date
Component Budget E-^senses Balance
HEW collection:
Local Program Grants $19 , 287
Total $19 , 287
For Department Use Only D22059D
Approved for payment :
Anthony J. Bossart Date
Kent City Council Meeting
Date March 17, 1998
Category Consent Calendar
1. SUBJECT: GREEN/DUWAMISH WATERSHED INTERLOCAL AGREEMENT -
AUTHORIZATION
2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the
Green/Duwamish Watershed Interlocal Agreement and to fund the
same out of the Miscellaneous Drainage Improvement fund (D17) ,
as recommended by the Public Works/Planning Committee.
The purpose of this agreement is to share responsibilities and
costs of local co-sponsorship of the Green/Duwamish watershed.
Kent' s share in this study is $32 , 565 for which monies are
available in the Drainage Improvement fund.
3 . EXHIBITS: Public Works/Planning Committee minutes, Public
Works Director memorandum, and interlocal agreement
4 . RECOMMENDED BY: Public Works/Planning 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
PUBLIC WORKSJPLANNING COMMITTEE
March 2, 1998
PRESENT: Tim Clark Gary Gill ABSENT: Tom Brotherton
Judy Woods Laurie Evazich
Don Wickstrom Jim Harris
Representatives from City of Federal Way
Seattle/King County Health Dept Grant Agreement
Wickstrom explained that this is a yearly event where we provide two hazardous waste
recycle events independent of the normal recycling material. We have received a grant
for these events and are asking for authorization to proceed.
Committee unanimously recommended authorizing the Mayor to sign the Grant
Agreement and direct staff to accept the Grant and establish a budget for S 19,287.00.
Green/Duwamish Watershed Interlocal Agreement
Wickstrom explained that in 1996 during a feasibility study, the Army Corps of
Engineers stated they were eligible to conduct a rehab for past problems within the
watershed. They have conducted a study and have identified 55 different projects which
would restore or preserve habitat for the future. He said this is the feasibility stage to
see how much it would cost to get into the actual design of all these different projects.
Once the projects get beyond that point into the implementation stage, there is 75%
Federal funding. Wicicstrom said the total cost of this two year feasibility study is S 1.2
Million; locals have to pav half of that. The Countv has alreadv executed the agreement
and we are expecting the agreement with the County to pay a portion of that $300,000.
Kent's share is approximately S32,000; we have monev in our miscellaneous drainage
improvement fund to pay for this,
Committee unanimously recommended authorizing the Mayor to sign the
Green/Duwamish Watershed Interlocal Agreement upon staff concurrence with the terms
thereof and to pay for same out of the Miscellaneous Drainage Improvement fund.
City of Federal Wav/City of Kent Interlocal Agreement Lalcehaven Utility District
Cary Roe, Director of Public Works, City of Federal Way: In 1992, the City of Federal
Way initiated a process which resulted in a negotiated agreement with Federal Way
Water SL Sewer, who have since changed their name to Lalcehaven Utility District, and
it contains three primary points. First, they were to expand their Commission
membership from 3 to 5, which they did. They were to also aggressively pursue a
1
DEPARTMENT OF PUBLIC WORKS
March 2, 1998
TO: Public Works/Planning Committee
FROM: Don Wickstrom
RE: Green/Duwamish Watershed Interlocal Agreement
The purpose of the Green/Duwamish Watershed Interlocal Agreement is to share
responsibilities and costs of local co-sponsorship of the Green/Duwamish Ecosystem
Restoration Study among the local governments of the Green/Duwamish watershed. The
study is a watershed-wide analysis of habitat needs and priorities for salmon and other
fish and wildlife species that is being co-sponsored and partially funded by the U.S.
Army Corps of Engineers. Kent's share for this Study is $32,565.00 for which monies
are available in the Stormwater Utility fund.
MOTION: Authorize the Mayor to sign the Green/Duwamish Watershed Interlocal
Agreement and direct staff to establish a budget for $32,565.00.
About the Interlocal Agreement
February, 1998
The purpose of the Interlocal Agreement (ILA) is to share responsibilities and
costs of local cosponsorship of the Green/Duwamish Ecosystem Restoration
Study among the local governments of the Green/Duwamish watershed. The
study is a watershed-wide analysis of habitat needs and priorities for salmon and
other fish and wildlife species that is being cosponsored and partially funded by
the US Army Corps of Engineers.
The ILA is specifically for responsibilities and costs associated with the feasibilit
phase of the study, the second major step of the study process. The study
began in early 1996 with the reconnaissance phase, which defined habitat needs
in the watershed and identified 55 acquisition and restoration projects to address
these needs. During the.feasibility phase, the Corps and local cosponsors will do
further design and environmental analysis on these projects to prepare them for
purchase and/or construction.
Projects that are studied in the feasibility phase and recommended for
construction will be eligible for federal funding of as much as 75% of construction
costs. Federal funding will require separate Congressional action. Projects
identified in the study will also be eligible for other local and federal funding
sources, and 16 projects will be funded in 1998 and 1999 through such
authorities.
The total cost of the two-year feasibility phase is $1 .2 million, half of which will be
paid by the federal government. The local cash share is $300,000, which is
proposed to be shared among local governments as indicated in the ILA. The
remainder of the project budget will be provided through in-kind services by the
local cosponsors, most of which will be provided by King County.
The responsibilities of the local cosponsors include attending meetings to review
progress on study tasks and participating as they wish in the design and
environmental review of projects. These responsibilities are explained in detail in
the Project Study Plan. Meetings are held in conjunction with the monthly
meetings of the staff associated with the Green River Basin Program and
Watershed Forum.
The Feasibility Cost-Sharing Agreement (FCSA) that accompanies the ILA was
signed in October, 1997 by the Corps of Engineers and King County, the lead
local cosponsor, to continue work on the study while the ILA was in preparation.
Continuation of the study will require the cost-shares specified in the ILA.
For more information on the ILA or Ecosystem Restoration Study, contact Denni
Canty, Green/Duwamish Watershed Coordinator, at (206)296-8394.
r✓J�1-t � F3 1`(-
AGREEMENT
BETWEEN THEDEPARTMENT OF THE ARMY
AND
KING COUNTY
FOR THE DUWAMISH GREEN RIVER ECOSYSTEM RESTORATION STUDY
THIS AGREEMENT is entered into this 6t° day of October, 1997, by and between
Department of the Army (hereinafter the "Government"), represented by the District Engineer
executing this Agreement, and King County (hereinafter the "Sponsor"),
WITNESSETH, that
WHEREAS, the Congress has authorized the U.S. Army Corps of Engineers to conduct a study
of Ecosystem Restoration in the Duwamish/Green River Basin pursuant to section 209 of public
Law 87-874, Puget Sound and Adjacent Waters Study and
WHEREAS, the U.S. Army Corps of Engineers has conducted a reconnaissance study of
ecosystem restoration of the Duwamish/Green River Basin pursuant to this authority, and has
determined that further study in the nature of a "Feasibility Phase Study" (hereinafter the
"Study") is required to fulfill the intent of the study authority and to assess the extent of the
Federal interest in participating in a solution to the identified problem; and
WHEREAS, Section 105 of the Water Resources Development Act of 1986 (Public Law 99-
662, as a:,Jended) specifies the cost sharing requirements applicable to the Study;
WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter
set forth and is willing to participate in study cost sharing and financing in accordance with the
terms of this Agreement; and
WHEREAS, the Sponsor and the Government understand that entering into this Agreement in
no way obligates either party to implement a project and that whether the Government supports
a project authorization and budgets it for implementation depends upon, among other things, the
outcome of the Study and whether the proposed solution is consistent with the Economic and
Environmental Principals and Guidelines for Water and Related Land Resources Implementation
Studies and with the budget priorities of the Administration;
NOW THEREFORE, the parties agree as follows:
ARTICLE I -DEFINITIONS
For the purposes of this Agreement:
A. The term "Study Costs" shall mean all disbursements by the Government pursuant to this
Agreement, from Federal appropriations or from funds made available to the Government by the
Sponsor, and all negotiated costs of work performed by the Sponsor pursuant to this
1
Agreement. Study Costs shall include, but not be limited to: labor charges; direct costs;
ministration costs; the costs of participation in Study
overhead expenses; supervision and ad
Management and Coordination in accordance with Article IV of this Agreement; the costs of
contracts with third parties, including termination or suspension charges; and any termination or
suspension costs (ordinarily defined as those costs necessary to terminate ongoing contracts or
obligations and to properly safeguard the work already accomplished) associated with this
Agreement.
B. The term "estimated Study Costs shall mean the estimated cost of performing the Study as
of the effective date of this Agreement, as specified in Article III.A_ of this Agreement.
C. The term "excess Study Costs" shall mean Study Costs that exceed the estimated Study
Costs and that do not result from mutual agreement of the parties, a change in Federal law that
increases the cost of the Study, or a change in the scope of the Study requested by the Sponsor.
D. The term "study period" shall mean the time period for conducting the Study, commencing
with the release to the U.S. Army Corps of Engineers Seattle District of initial Federal feasibility
funds following the execution of this Agreement and ending when the Assistant Secretary of the
Army (Civil Works) submits the feasibility report to the Office of Management and Budget
(OMB) for review for consistency with the policies and programs of the President
E. The term "PSP" shall mean the Project Study Plan, which is attached to this Agreement
and which shall not be considered binding on either party and is subject to change by the
Government, in consultation with the Sponsor.
F. The term "negotiated costs" shall mean the costs of in-kind services to be provided by the
Sponsor in accordance with the PSP.
G. The term "fiscal year" shall mean one fiscal year of the Government. The Government
fiscal year begins on October 1 and ends on September 30.
ARTICLE II- OBLIGATIONS OF PARTIES
A The Government, using funds and in-kind services provided by the Sponsor and funds
appropriated by the Congress of the United States, shall expeditiously prosecute and complete the
Study, in accordance with the provisions of this Agreement and Federal laws, regulations, and
policies.
B. In accordance with this Article and Article III.A., M.B. and M.C. of this Agreement, the
Sponsor shall contribute cash and in-kind services equal to fifty (50) percent of Study Costs other
than excess Study Costs. The Sponsor may, consistent with applicable law and regulations,
contribute up to 25 percent of Study Costs through the provision of in-kind services. The in-kind
services to be provided by the Sponsor, the estimated negotiated costs for those services, and the
estimated schedule under which those services are to be provided are specified in the PSP.
2
Negotiated costs shall be subject to an audit by the Government to determine reasonableness,
allocability, and allowability.
C. The Sponsor shall pay a filly (50) percent share of excess Study Costs in accordance v`Zth
Article III.D. of this Agreement.
D. The Sponsor understands that the schedule of work may require the Sponsor to provide
cash or in-kind services at a rate that may result in the Sponsor temporarily diverging from the
obligations concerning cash and in-kind services specified in paragraph B. of this Article. Such
temporary divergences shall be identified in the quarterly reports provided for in Article M.A. of
this Agreement and shall not alter the obligations concerning costs and services specified in
paragraph B. of this Article or the obligations concerning payment specified in Article III of this
Agreement.
E. If, upon the award of any contract or the performance of any in-house work for the Study
by the Government or the Sponsor, cumulative financial obligations of the Government and the
Sponsor would result in excess Study Costs, the Government and the Sponsor ag ee to defer
award of that and all subsequent contracts, and performance of that and all subsequent in-house
work, for the Study until the Government and the Sponsor agree to proceed. Should the
Government and the sponsor require time to arrive at a decision, the Agreement will be suspended
in accordance with Article X., for a period of not to exceed six months. In the event the
Government and the sponsor have not reached an agreement to proceed by the end of their 6
month period, the Agreement may be subject to termination in accordance with Article X.
F. No Federal funds may be used to meet the Sponsor's share of Study Costs unless the
Federal granting agency verifies in writing that the expenditure of such funds is expressly
authorized by statute.
G. The award and management of any contract with a third party in furtherance of this
Agreement which obligates Federal appropriations shall be exclusively within the control of the
Government. The award and management of any contract by the Sponsor with a third party in
furtherance of this Agreement which obligates funds of the Sponsor and does not obligate Federal
appropriations shall be exclusively within the control of the Sponsor, but shall be subject to
applicable Federal laws and regulations.
H. The Sponsor shall be responsible for the total cost of developing a response plan for
addressing any hazardous substances regulated under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, (codified
at 42 U.S.C. Sections 9601-9675), as amended, existing in, on, or under any lands, easements or
rights-of-way that the Government determines to be required for the construction, operation, and
maintenance of the project. Such costs shall not be included in total study costs.
I. The Sponsor's contributions to Study Costs and participation in the Study are subject to
the Sponsor's annual budget allocation processes. The sponsor's budget allocations are approved
3
in approximately November of each year for the following Sponsor fiscal year (January to
December). In the case that budget approval for the Sponsor's participation is not granted in any
given year, this agreement may be subject to termination in accordance with Article X. of this
Agreement
ARTICLE III -METHOD OF PAYMENT
A. The Government shall maintain current records of contributions provided by the parties,
current projections of Study Costs, current projections of each parry's share of Study Costs, and
current projections of the amount of Study Costs that will result in excess Study Costs. At least
quarterly, the Government shall provide the Sponsor a report setting forth this information. As of
the effective date of this Agreement, estimated Study Costs are $1,088,010 and the Sponsor's
share of estimated Study Costs is S554,005. 1n order to meet the Sponsor's cash payment
requirements for its share of estimated Study Costs, the Sponsor must provide a cash contribution
currently estimated to be $299,005. The dollar amounts set forth in this Article are based upon
the Government's best estimates, which reflect the scope of the study described in the PSP,
projected costs, price-level changes, and anticipated inflation. Such cost estimates are subject to
adjustment by the Government and are not to be construed as the total financial responsibilities of
the Government and the Sponsor.
B. The Sponsor shall provide its cash contribution required under Article H.B. of this
Agreement in accordance with the following provisions:
1. No later than 30 calendar days prior to the scheduled date for the Government's issuance
of the solicitation for the first contract for the Study or for the Government's anticipated first
significant in-house expenditure for the Study, the Government shall notify the Sponsor in writing
of the funds the Government determines to be required from the Sponsor to meet its required
share of Study Costs for the first fiscal year of the Study (fiscal year 1997) and for the first
quarter of second fiscal year (fiscal year 1998). No later than 15 calendar days thereafter, the
Sponsor shall provide the Government the full amount of the required funds by delivering a check
payable to "FAO, USAED, Portland,(Scattle)" to the District Engineer.
2. For the remaining three quarters of fiscal year 1998 and the first quarter of fiscal year
1999, the Government shall, no later than December 1, 1997, notify the Sponsor in writing of the
funds the Government determines to be required from the Sponsor to meet its required share of
Study Costs for that period, taking into account any temporary divergences identified under
Article II.C. of this Agreement. No later than January 15, 1998 the Sponsor shall make the full
amount of the required funds available to the Government through the funding mechanism
specified in paragraph B.2. of this Article.
3. For the remaining three quarters of fiscal year 1999, the Government shall, no later than
December 1, 1998, notify the Sponsor in writing of the funds the Government determines to be
required from the Sponsor to meet its required share of Study Costs for that period, taking into
account any temporary divergences identified under Article II.C. of this Agreement. No later than
4
January 15, 1999 the Sponsor shall make the full amount of the required funds available to the
Government through the funding mechanism specified in paragraph B.2. of this Article.
4. The Government shall draw from the funds provided by the Sponsor such sums as the
Government deems necessary to cover the Sponsor's share of contractual and in-house fiscal
obligations attributable to the Study as they are incurred.
5. In the event the Government determines that the Sponsor must provide additional funds to
meet its share of Study Costs, the Government shall so notify the Sponsor in writing. No later
than 60 calendar days after receipt of such notice, the Sponsor shall make the full amount of the
additional required funds available through the funding mechanism specified in paragraph B.2. of
this Article.
C. Within ninety (90) days after the conclusion of the Study Period or termination of this
Agreement, the Government shall conduct a final accounting of Study Costs, including
disbursements by the Government of Federal funds, cash contributions by the Sponsor, the
amount of any excess Study Costs, and credits for the negotiated costs of the Sponsor, and shall
furnish the Sponsor with the results of this accounting. Within thirty (30) days thereafter, the
Government, subject to the availability of funds, shall reimburse the Sponsor for the excess, if any,
of cash contributions and credits given over its required share of Study Costs, other than excess
Study Costs, or the Sponsor shall provide the Government any cash contributions required for the
Sponsor to meet its required share of Study Costs other than excess Study Costs.
D. The Sponsor shall provide its cash contribution for excess Study Costs as required under
Article H. C. of this Agreement by delivering a check payable to "FAO, USAED, PORTLAND
DISTRICT" to the District Engineer as follows:
1. After the project that is the subject of this Study has been authorized for construction, no
later than the date on which a Project Cooperation Agreement is entered into for the project; or
2. In the event the project that is the subject of this Study is not authorized for construction
by a date that is no later than 5 years of the date of the final report of the Chief of Engineers
concerning the project, or by a date that is no later than 2 years after the date of the termination of
the study, the Sponsor shall pay its share of excess costs on that date (5 years after the date of the
Chief of Engineers or 2 year after the date of the termination of the study).
ARTICLE IV- STUDY MANAGEMENT AND COORDINATION
A. To provide for consistent and effective communication, the Sponsor and the Government
shall appoint named senior representatives to an Executive Committee. Thereafter, the Executive
Committee shall meet regularly until the end of the Study Period.
B. Until the end of the Study Period, the Executive Comrittee shall generally oversee the
Study consistently with the PSP.
5
C. The Executive Committee may make recommendations that it deems warranted to the
District Engineer on matters that it oversees, including suggestions to avoid potential sources of
dispute. The Government in good faith shall consider such recommendations. The Government
has the discretion to accept, reject, or modify the Executive Committee's recommendations.
D. The Executive Committee shall appoint representatives to serve on a Study Management
Team. The Study Management Team shall keep the Executive Committee informed of the
progress of the Study and of significant pending issues and actions, and shall prepare periodic
reports on the progress of all work items identified in the PSP.
E. The costs of participation in the Executive Committee (including the cost to serve on the
Study Management Team) shall be included in total project costs and cost shared in accordance
with the provisions of this Agreement.
ARTICLE V-DISPUTES
As a condition precedent to a party bringing any suit for breach of this Agree;gent, that party
must first notify the other party in writing of the nature of the purported breach and seek in good
faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through
negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute
resolution with a qualified third party acceptable to both parties. The parties shall each pay 50
percent of any costs for the services provided by such a third party as such costs are incurred.
Such costs shall not be included in Study Costs. The existence of a dispute shall not excuse the
parties from performance pursuant to this Agreement.
ARTICLE VI -MAINTENANCE OF RECORDS
Within 60 days of the effective date of this Agreement, the Government and the Sponsor
shall develop procedures for keeping books, records, documents, and other evidence pertaining to
costs and expenses incurred pursuant to this Agreement to the extent and in such detail as will
properly reflect total Study Costs. These procedures shall incorporate, and apply as appropriate,
the standards for financial management systems set forth in the Uniform Administrative
Requirements for Grants and Cooperative Agreements to state and local governments at 32
C.F.R. Section 33.20. The Government and the Sponsor shall maintain such books, records,
documents, and other evidence in accordance with these procedures for a minimum of three years
after completion of the Study and resolution of all relevant claims arising therefrom. To the
extent permitted under applicable Federal laws and regulations, the Government and the Sponsor
shall each allow the other to inspect such books, documents, records, and other evidence.
B. In accordance with 31 U.S.C. Section 7503, the Government may conduct audits in
addition to any audit that the Sponsor is required to conduct under the Single Audit Act of 1984,
31 U.S.C. Sections 7501-7507. Anv such Government audits shall be conducted in accordance
6
with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and
other applicable cost principles and regulations. The costs of Government audits shall be included
in total Study Costs and shared in accordance with the provisions of this Agreement.
ARTICLE VII -RELATIONSHIP OF PARTIES
The Government and the Sponsor act in independent capacities in the performance of their
respective rights and obligations under this Agreement, and neither is to be considered the officer,
agent, or employee of the other.
ARTICLE VIII - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, nor any resident commissioner, shall be admitted to
any share or part of this Agreement, or to any benefit that may arise therefrom.
ARTICLE 1X -FEDERAL AND STATE LAWS
In the exercise of the Sponsor's rights and obligations under this Agreement, the Sponsor agrees
to comply with all applicable Federal and State laws and regulations, including Section 601 of
Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Department of defense
Directive 5500.11 issued pursuant thereto and published in 32 C.F.R. Part 195, as well as Army
Regulations 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and
Activities Assisted or Conducted by the Department of the Army".
ARTICLE X - TERMINATION OR SUSPENSION
A. This Agreement shall terminate at the conclusion of the Study Period, and neither the
Government nor the Sponsor shall have any further obligations hereunder, except as provided in
Article III. C.; provided, that prior to such time and upon thirty (3 0) days written notice, either
party may terminate or suspend this Agreement. In addition, the Government shall terminate this
Agreement immediately upon any failure of the parties to agree to extend the study under Article
HE. of this agreement, or upon the failure of the sponsor to fulfill its obligation under Article III.
of this Agreement. In the event that either party elects to terminate this Agreement, both parties
shall conclude their activities relating to the Study and proceed to a final accounting in accordance
with Article III.C. and III.D. of this Agreement. Upon termination of this Agreement, all data and
information generated as part of the Study shall be made available to both parties.
B. Any termination of this Agreement shall not relieve the parties of liability for any
obligations previously incurred, including the costs of closing out or transferring any existing
contracts.
IN WITINESS WHEREOF, the parties hereto have executed this Agreement, which shall become
effective upon the date it is signed by the District Engineer for the U.S. Army Corps of Engineers,
Seattle District.
7
DEPARTMENT OF THE ARMY [SPONSOR]
—ONNSSOR]
By BY
Col el, Corps of Engineers County Executive
Dist ct Engineer King County
Seattle District
Attachment -Project Study Plan
.8
�xltl6l'r �t,,o
Proposed Local Cost Distributions for Green/Duwamish
Ecosystem Restoration Feasibility Study
Local Cost Share Required': $300,000
ALLOCATION FACTORS
PROPOSED % Watershed % Watershed % Watershed % Watershed
COST Area Population Assessed Impervious
JURISDICTION ALLOCATION z Value Surface
Algona $600 0.06% 0.21% 0.24% 0.29%
Auburn $18,885 2.51% 7.62% 6.35% 8.70%
Black Diamond $1,650 0.74% 0.45% 0.32% 0.69%
Covington $5,445 1.32% 1.32% 1.32% 3.30%
Des Moines $210 0.02% 0.11% 0.07% 0.08%
Enumclaw $3,255 0.48% 1.54% 1.09% 1.23%
Federal Way $1,838 0.18% 0.93% 0.71% 0.63%
Kent $32,565 3.83% 11.00% 13.10% 15.49%
King County $139,009.50 81.29% 38.62% 26.62% 38.82%
Maple Valley $3,363 1.18% 1.18% 0,94% 1.18%
Renton $11,963 1.23% 4.81% 5.25% 4.66%
SeaTac $8,453 0.75% 3.36% 4.40% 2.76%
Seattle $55,883 4.57% 24.77% 31.43% 13.74%
Tukwila $16,898 1.85% 4.08% 8.16% 8.44%
Totals4: $300,015 100.01% 100.00% 100.00% 100.01%
NOTES:
1) Costs are for cash share only. Requirements for in-kind match will be met through project
coordination and local government design and permitting work. More than 70% of
in-kind share is expected to be borne by King County. Participants will pay 60% of cash
contributions in 1998 and 40% in 1999.
2) Proposed cost allocation = $300,000 multiplied by the average of the 4 allocation factors
for the jurisdiction. Cost estimates are based on full participation by all jurisdictions;
actual costs may be different.
3) Area, population and assessed value data is from RNA research in 1994; it does not include
effects of annexations and incorporations. Impervious surface data is from 1992, but is based
on current jurisdictional boundaries.
4) Totals greater than 100% or$300,000 are due to rounding.
GRNAL005.)ds
PROJECT STUDY PLAN
Duwamish/Green River Feasibility Study,
Washington
1. SCOPE.
1.1 General. This Project Study Plan (PSP) is by reference hereby incorporated into
the feasibility cost-sharing agreement entitled "Agreement between the Department of the
Army and King County, Washington for the Duwamish/Green River Ecosystem
Restoration Study." The PSP defines the scope of, and documents the process for
conducting, the feasibility phase study and is a means for all those involved in the study
(i.e., Seattle District, King County, North Pacific Division, and Corps of Engineers
Headquarters) to formally agree to the conduct if the study before it is initiated. The PSP
does not attempt to repeat project-related details provided in the final reconnaissance
report for this study; the reconnaissance report should be referred to for a detailed
description of the reconnaissance studies and related investigations conducted before
initiating the feasibility phase of project development.
The feasibility report will be a complete decision document in sufficient detail to provide
the basis for the Sponsor, Corps of Engineers, and ultimately the U.S. Congress, to
consider approving authorization and construction of the recommended plan. The
feasibility report will provide a complete presentation of the study analyses and results,
including those developed in the reconnaissance report. The feasibility report will also
document compliance of the design with all applicable guidance, statutes, Executive
Orders, and policies, and provide a sound basis for decision makers to judge the
recommended plan.
The PSP has been developed to plan, define, and control the development and delivery of
the products to be completed during the feasibility phase study. The PSP documents the
work requirements and the level of detail that will be necessary to describe the without
project and with project condition, formulate a range of alternatives and assess their
effects, and present a clear rationale for the selection of a plan for implementation. With
clearly defined work tasks, the PSP will provide management with a basis for cost and
schedule control of the feasibility phase study, and minimize communication and review
problems. The PSP addresses the following:
■ Study tasks, as well as responsibility for their accomplishment.
■ The estimated cost of individual study tasks and total study cost, including the
negotiated cost of work items to be accomplished by the Sponsor as in-kind
services.
1
■ Corps and other professional criteria to assess the adequacy of the completed work
effort, including references to regulations and other guidance that will be followed
in performing and evaluating the tasks.
■ The schedule of performance and milestones (i.e., key decision points, in-progress
reviews, issue resolution meetings, etc.).
■ The specific coordination mechanism between the parties to this Agreement.
■ Procedures for reviewing and accepting the work of the parties to this Agreement.
The work shall generally be performed in accordance with established criteria and
guidance, including the following:
a. ER 1105-2-100, "Guidance for Conducting Civil Works Planning Studies,"
U.S. Army Corps of Engineers, December 28, 1990.
b. ER 1110-2-1150, "Engineering and Design for Civil Works Projects," U.S.
Army Corps of Engineers, March 31, 1994.
C. ER 5-7-1 (FR), "Project Management," U.S. Army Corps of Engineers,
September 30, 1992.
d. ER 500-1-1, U.S. Army Corps of Engineers. 11 March 1991. Emergency
Employment of Army and Other Resources Natural Disasters Procedures.
e. "Economic and Environmental Principles and Guidelines for Water and
Related Land Resources Implementation Studies," U.S. Water Resources
Council, March 10, 1983.
f. ER 200-2-2, "Procedures for Implementing NEPA," U.S. Army Corps of
Engineers, March 4, 1988.
g. ER 405-1-12, Chapter 12, "Real Estate Handbook," U.S. Army Corps of
Engineers.
1.2 Reconnaissance Phase Studv and Preliminary Proiect Plan. The Duwamish/
Green River Ecosystem Restoration draft reconnaissance report, dated March 1997,
indicated there is a Federal interest in pursuing a feasibility phase study to plan for the
construction of a number of Fish and Wildlife restoration sites in the Duwamish/ Green
River Basin. The feasibility phase study will address an overall plan for the restoration of
fish and wildlife habitat in the Duwamish/Green River Basin. The significant degradation
of the ecosystem within the Duwamish/Green River Basin has caused a significant
reduction in anadromous fish runs with the basin which have local, national, and
international effects. There are also several endangered species within the basin that are
effected by the reduction in habitat.
2
The reconnaissance report will be used as a base from which to continue the required
planning studies. Information in the reconnaissance report will be expanded and updated
as required to: (a) reflect current problems and opportunities and the desires of the public;
(b) to establish final planning criteria and planning objectives to be used to formulate
plans; (c) to identify additional measures to meet the final planning objectives; and (d) to
formulate alternative plans to be evaluated.
1.3 Studv Sponsorship and Cooperating Agencies. The King County is the study
sponsor. The following agencies will also participate or will be coordinated with in the
study:
The Cities of Tukwila, Renton, Kent, Auburn, SeaTac, Seattle, Algona, Black
Diamond, Des Moines, Enumclaw, Federal Way, Maple Valley, and Covington
The Muckieshoot Indian Tribe
The Suquamish Indian Tribe
The City of Tacoma Water Department
U.S. Fish and Wildlife Agency
Washington Department cfFish and Wildlife
Washington State Department of Ecology (Ecology)
Department of Natural Resources (DNR)
U.S. Environmental Protection Agency, Region 10 (EPA Region 10)
King County anticipates entering into an interlocal agreement with watershed jurisdictions
and tribes to support local sponsorship
1.4 Studv Committee Definitions. The following committees are integral to the
feasibility phase study. Their function and membership are summarized below and
discussed further in section 2.6 (Study Task Descriptions) and section 32 (Methodology)
of this PSP.
a. Executive Committee
Membership: The Executive Committee will include one representative from the
U.S. Army Corps of Engineers, one from King County, and one representing the
city and tribal participants in the study ILA. The city/tribal representative will be
selected by majority vote of the participating cities and tribes.
Function: The Executive Committee will oversee the study consistent with PSP,
including:
■ Providing general policy oversight and ensuring consistency with agency
objectives.
■ Providing guidance to the Project Study Team and Steering Committee on
financing strategies, project priorities, strategies for project implementation,
and coordination with other agencies
3
■ Making final decisions on increases or decreases in the scope of the study,
incluc.ng the cost or duration of the entire study, based on recommendations
from the Steering Committee.
■ Decision making: The Executive Committee will make decisions by consensus.
■ Frequency of Meetings: Semiannually, or more frequently if needed.
b Steerins Committee
?.lembership: The Steering Committee will include representatives of all
jurisdictions participating in the study ILA, each of which will appoint one
member. .
Function: The Steering Committee will monitor study direction on a month-to-
month basis and provide study direction where indicated, including:
■ Advising the Manager and Project Study Team on conduct of the study.
■ Making decisions on the numbe-, location, and priority of sites to be studied
based on the advice of the Project Study Team.
■ Making decisions on changes in the schedule and budget of study tasks within
the overall scope of the study, and recommending changes outside the study
scope to the Executive Committee.
■ Nominating a city/tribal representative to the Executive Committee.
■ Reviewing quarterly reports as provided by the Project Manager (PSP 2.7a-
2.7b.).
Decision Making: The Steering Committee will make decisions by majority vote
except for decisions on increases or decreases in the overall schedule and budget,
which will require unanimous approval of participating jurisdiction and final
approval by the Executive Committee.
Frequency of Meetings: unless alternate arrangements are made, the Steering
Committee will meet monthly during the regularly scheduled Watershed Staff
Committee (the staff group of the Green/Duwamish Watershed Forum) meetings.
C. Proiect Studv Team
Membership: The Project Study Team (also known as the Study Management
Team in the Feasibility Cost Sharing Agreement) will be composed of the Project
Manager and staff members of the Corps of Engineers, King County, and, if they
desire, of participating cities and tribes (see Table 2).
Function: The Project Study Team will manage and conduct day-to-day design
and compliance work for study, including:
■ Conducting field wore:, survey, environmental review (SEPAINEPA),
engineering, design, t �ological analysis, real estate analysis, and coordination
with othe: interested parties.
• Recommending changes in study schedule and budget to the Steering
Committee.
■ Assisting the Project Manager to prepare quarterly study progress reports for
submittal to the Executive Committee and the Steering Committee (see 2.7b).
Decision Making: The Project Manager will make final decisions within the
Project Study Team.
4
Frequency of Meetings: Every two weeks.
d. Technical Review Team
Membership: The Technical Review Team will include technical and scientific
experts of the Corps of Engineers and King County, with tribal and city staff
members involved as they wish (see Table 3).
Function: The Technical Review Team will review study products and decisions
for consistency with accepted scientific standards ind agency protocols for
ecosystem restoration.
Decision Making: The Technical Review Team will make decisions by majority
vote.
Frequency of Meetings: As needed to review study products and decisions.
2. REQUIREMENTS.
2.1 Basic Requirements. The work to be performed shall consist of the development
of alternative plans which will include, as a minimum, the selection of a recommended plan
based on the requirements of EC 1105-2-210; the detailed design of the recommended
plan; identifying the concerns and needs of the public; preparing construction and
ONIRR&R cost estimates for the recommended plan-, determining the hydraulic design for
the different alternatives- computing nonmonetary benefits for the recommended plan-,
evaluating engineering and economic feasibility for the recommended plan; assessing
environmental and social impacts for all alternative plans, including impacts on biological
resources, socioeconomic resources, cultural resources, and recreation; determining
nonmonetary benefits for the restoration alternatives-, providing a real estate gross
appraisal report; performing geotechnical and HTRW investigations and analyses, and
preparing the required documentation to present the studies, findings, and
recommendations.
Extensive public involv_-ment and coordination will be conducted throughout the study,
including public workshops, public meetings, interagency coordination meetings,
newsletters, and public notices to ensure opportunity to exchange information and views
with local, state, tribal, and federal government agencies, special interest groups, and the
general public. The end products will be a programmatic NEPA/SEPA environmental
impact statement (EIS) and a feasibility report. The feasibility report will describe, in
detail, problems and opportunities identified, plans formulated, engineering and economic
feasibility and public acceptability of each ecosystem restoration alternative, the social and
environmental constraints and impacts and non-monetary benefits for each alternative, and
the identification of the recommended plan.
1) 1) Snecific Requirements. The goal of the study is to provide a plan that can be
implemented, has federal and nonfederal support, and will provide nonmonetary benefits at
a reasonable and affordable cost. The PSP will limit the work to the minimum necessary
5
to meet the requirements for a complete feasibility report in the most effective manner,
with continuous coordination between the Corps of Engineers and King County.
The preparation of the feasibility report will consist of writing the main body and
appendices. A programmatic EIS will also be prepared. During the feasibility phase, a
feasibility review conference will be held, as will at least one in-progress review JPR)
conference. HQUSACE, North Pacific Division, Seattle District, and King County staff
members will attend these conferences. A public meeting will be held after the feasibility
review conference to inform the public that the study has been completed, the results of
the study, and the next step for this project.
The feasibility report will then begin the Washington-level review process. This process
consists of submitting the report for public review, changes (based on public input) made
to the report, signing of the final feasibility report by the District Enc.neer, submitting the
report to North Pacific Division for approval, issuing the Division Engineer's Notice, and
submitting the report to the Washington level for review, approval, and further processing
to the Assistant Secretary of the Army (Civil Works), the Office of Management and
Budget, and the Congress.
2.3 Feasibility Study StaQino. The feasibility study will be conducted in two
stages—programmatic and site-specific-as summarized below. This approach, which has
been concurred in the Sponsor, cooperating agencies, and the Corps of Engineers, is
designed to increase the likelihood of public acceptance of a plan that recommends
development of ecosystem restoration sites throughout the basin. The strategy calls for a
phased environmental review, with a programmatic EIS, followed by site-specific EAs
developed as the sites are implemented over a 10-year period. The exact number of sites
to be analyzed will be determined at the beginning of the study by the Steering Committee,
based on the Project Study Team's recimmendations. The proposed cost share assumes
40 sites will be analyzed; should the Steering Committee decide to add sites to the
analysis, additional cost assessment may be required.
a Prounmmatic Stage. The programmatic stage will result in preparing a
programmatic NEPAISEPA environmental impact statement (EIS). The purpose
of the programmatic, or nonproject, EIS is to provide an initial broad
environmental review of the program or action, and to expedite the process of
future site-specific projects. The programmatic EIS will address the following:
■ Goals, objectives, needs, and purpose.
■ Programmatic restoration alternatives.
■ Areas of interest within the Duwamish/Green River Basin for fish and
wildlife siting criteria.
■ Zones of siting feasibility within each area of the basins where restoration
sites are needed and could be located.
■ Preferred (i.e., publicly acceptable) siting process.
■ Process and requirements for volunteer entity to develop restoration sites.
6
b Site-Saecific Stage. The feasibility report will identify a plan
recommending sites for development. The proposed cost share assumes 40 sites
will be analyzed; should the Steering Committee decide to add sites to the analysis,
additional cost assessment may be required.
In the reconnaissance report, 54 sites are presented. The Steering Committee will
review the sites identified in the reconnaissance report, and other potential sites,
and, based on Project Study Team recommendations, will determine which sites
need site-specific review. This site selection will be completed before proceeding
with the site-specific stage of the study. Projects from the reconnaissance list of
54 may be dropped from the feasibility analysis either because they do not fit the
ecosystem restoration requirement or they are being developed by other agencies,
cities, or private citizens. Additionally, some sites, which will ultimately be
proposed for construction, will not require any additional design or environmental
compliance, and thus will not be included in the site-specific review.
Cost implications for increases in programmatic review or site-specific review will
be evaluated in light of the budgeted cost share amount; further cost share
assessments may be made at the unanimous recommendation of the Steering
Committee members and with Executive Committee approval. As the study
progresses, additional sites may be added to the study under this same cost
evaluation and assessment process.
For the selected study sites, engineering, economic, environmental, real estate, and
institutional issues will be addressed in the feasibility report in sufficient detail to
support the recommendation. Once specific projects have been identified, and
during the plans and specifications phase, site-specific NEPA/SEPA compliance
will occur. Typically, this will involve developing site specific Environmental
Assessments that will tier off of the work developed in the programmatic EIS.
The feasibility report will address the following:
■ Application of the siting process and selection of restoration sites.
■ Site-specific nonmonetary benefit analyses and selection of a preferred
candidate site(s).
■ Conceptual site design, cost estimating, economic evaluation and real estate
studies necessary to support the recommended plan for development.
2.4 Work Breakdown Structure. Work breakdown structure (WBS) is a
representation of the study scope broken down into a hierarchy of activities. This
structure provides a means for organizing the project study activities in a logical sequence
and identifying products or deliverables through the various stages of the study. The
WBS was prepared according to guidance contained in ER 5-7-1 (FR), "Project
Management," dated September 30, 1992, and is illustrated in Figure 1. The subproducts
indicated on WBS Levels 5 and 6 (subproducts of the feasibility report and technical effort
7
required for each subproduct. respectively) form the basis for the feasibility phase study
work item descriptions and study cost estimate detailed in the following pages. A
summary of the study cost estimate, by study work item, is shown below in Table 1
2.5 Schedule of Fiscal Year Funding. The study period is scheduled to start in
Government fiscal year (FY) 1997 and finish in FY 1999. The amount of funds required
in each FY by the Government and the Sponsor are shown in Table 1.
FI(7URE 1
Work Breakdown Structure (RBS) for Feasibility Phase of Project
LEVEL 1 (Proiect):
- wamisfi=Green River Fish and Wildlife Habitat Restoration _;
LEVEL 2 (Maior phases of the proiect):
2 Reconnaissance phase
3 . Feasibility phase
4. Pre-cons.vction engineering and design (PED) phase
5. Construction phase
6. Operation and maintenance phase
LEVEL 3 (Principal product of the feasibility phase):
7!:: Feasibility Ye orb
LEVEL 4 (Features of the feasibilitv report):
8 Di aft programmatic environmental unpact statement(EIS)
9i
Final proammatic EIS
10 Draft feasibiI :report
...... .:.11.....:: :Fina1 feasib�if' re'ort. :.
:. :. :.
LEVEL 5 (Sub products of Level 3) and LEVEL 6 (Technical effort
required for each sub-product):
I2.. i;:Refer to-stud task descn' lions in Paiasrali 4 below .;_': :::
Cl
s
2 6 Studv Task Descriptions. Below is a narrative description of the individual study
work items, organized by WBS subaccounts, for the feasibility study. The detailed cost-
estimate breakdown for individual study work items is shown on Table 1 at the end of the
PSP. The study work sequence diagram, including key study and technical review
milestones, is also shown at the end of the PSP as Figure 2. As suggested in section 2.3,
the task descriptions and their associated costs are based on a total of 40 projects. Should
the number of projects, or their scope, be changed (section 2.3 b), the cost estimates for
these tasks may need to be revised.
22A -Public Involvement
The Duwamish/Green River Ecosystem Restoration Study will be presenting, for
public consideration, new concepts on a complex subject. Numerous stakeholders
are potentially affected but may not be aware of this potential project. Therefore,
education, increased awareness, and exchange of viewpoints are vital to the
interagency development of acceptable and successful recommendations to site the
restoration alternatives. The public involvement/outreach strategy will consist of:
(1) a series of workshops and public hearings (public hearings will be conducted as
part of the NEPA/SEPA review of the draft programmatic EIS); (2) workshop and
hearing notices/news releases; and (3) developing a"pool' of citizen and scientific
advisors from which expertise and knowledge from outside the Government and
Sponsor agencies can be incorporated into planning and design. Ciordinating with
Native American tribes is an important component of the public involvement
program. The Sponsor will provide the majority of the day-to-day public
involvement effort. The Sponsor will provide the meeting facilities and develop
public notices/news releases for workshops and public hearings. The Government
and Sponsor will jointly conduct workshops and NEPA/SEPA public hearings.
Reference: ER 1105-2-100.
22D - Cultural Resource.Studies.
This subaccount includes inventory and assessment required to determine the
impacts of restoration alternatives on historic and cultural resources. Cultural
resources information will be considered in evaluating different restoration sites.
The work will consist of inventory and assessment of archeological and cultural
resources, and preparation of required supporting documentation for the preferred
restoration alternative. The Government, in consultation with the Washington
State Historical Preservation Office will perform this work. References: National
Historic Preservation Act of 1966, Archeological and Historical Preservation Act
of 1974, National Environmental Policy Act of 1969, Executive Order 11593
(Protection and Enhancement of the Cultural Environment), Native American
Religious Freedom Act.
22E- Environmental.Studies.
This subaccount includes environmental data collection and the determination of
environmental impacts and nonmonetary benefits of all alternative plans. A
number of discrete tasks have been identified, as described below. Work will lead
9
to preparing a programmatic environmental impact statement (EIS), plus an
appropriate written narrative for the feasibility report. The Government, its
contracting agents, and the Sponsor will perform the work. Reference:
ER 1105-2-100, ER 200-2-2.
1 Information Manaeement. Geographical Information System (GIS)
technology will be used to manage the large volume of diverse Geospatial
data/mformation that will be used to screen the basin and identify geographic areas
of interest. Tasks include: identifying/finding/gathering environmental data;
preparing digitized data layers (where they do not already exist) for use of GIS in
site identification/screening/selection; data quality verification; and GIS system
operation and management. Use of GIS will provide a structured approach for
systematically considering information critical to the alternative selection process.
It is understood that the Government and Sponsor will have free access to the
most recent versions of all data throughout the study. The Assessment
Methodology for Proposed Projects will also need to be adjusted to better
facilitate the incremental cost assessment.
2 Environmental Data Compilation. Includes literature search and data
gathering to acquire information for the determination of environmental benefits of
the ecosystem restoration alternatives. Specific data will include geology and
hydrology, biological resources, fish and wildlife habitat, endangered species,
natural resources, cultural resources, Native American treaty rights, recreation,
and land and water use. These data will be incorporated as data layers for
evaluation using GIS.
3. Field Studies of Alternative Restoration Sites. Site-specific environmental
field studies are anticipated for the candidate restoration sites throughout the basin.
Field studies will be conducted for at least one sampling season.
4 Site-Specific Field Studies for Restoration Sites. Site-specific
environmental field studies are anticipated for the candidate restoration sites. Field
studies will be conducted for at least one sampling season, and will include the
following:
field coordination with the design team;
assess baseline conditions;
field check for evaluation methodology; and
field coordination with resource agencies.
5 Programmatic NEPA/SEPA EIS. The principal output of this effort will
include: evaluating programmatic alternatives; determining geographic areas of
interest and restoration site feasibility; and defining siting criteria impact analysis,
endangered species, and developing a project monitoring protocol. The work
includes scoping, preparing a draft programmatic EIS, conducting the EIS review
process and related environmental coordination, contract management, and
10
producing the final NEPA/SEPA programmatic EIS. During the plans and
specification phase, site-specific Environmental Assessments will be tiered off of
the programmatic EIS.
22F- Fish and Wildlife Coordination Act Report.
This includes coo.dination with, and studies conducted by, USFWS, as required by
the Fish and Wildlife Coordination Act (FWCA). USFWS activities will include
interagency and tribal coordination, planning and evaluating the benefits of
different alternatives on fish and wildlife resources, and preparing a draft and a
final Fish and Wildlife Coordination Act report for the feasibility report. Related
activities by the Government will include preparing and coordinating statements of
work and related fund transfer documents for planning activities by USFWS, plus
reviewing the draft and final Fish and Wildlife Coordination Act Report by the
Government and Sponsor. Reference: Fish and Wildlife Coordination Act of 1958
(PL 85-624, as amended).
22G- Economic Anali,cis/Anpendiz. This subaccount includes studies and
evaluations pertinent to an economic evaluation of all monetary and nonmonetary
benefits end costs of the proposed plan and various alternatives. The methodology
to quantify nonmonetary benefits that was developed as part of the Reconnaissance
Phase will be simplified and revised for use in the feasibility evaluation. Both the
outputs from this methodology and the costs developed as part of the design and
cost effort will be used as input into the Cost Effectiveness Analysis/Incremental
Cost Analysis. The CEAACA will be an important tool in evaluating the different
sites and plans that will be analyzed as part of the feasibility study. Any potential
positive or negative impacts to NED accounts will also be evaluated under this
subaccount. A narrative economic report will be included as part of the FR. A
financial analysis in support of the construction recommendation will also be
prepared and will include a statement of financial capability, a financial capability
assessment, and a financing plan. The financing plan will provide detail as to the
anticipated funding available to the Sponsor. The Government will perform the
economic and financial analyses, with input provided by the Sponsor. The
Sponsor will develop the financing plan. Reference: ER 1105-2-100, Draft EC
1165-2-200. Economic and Environmental Principles and Guidelines for Water and
Related Land Resources Implementation Studies (March 10, 1983).
22H- Real Estate Studies/AppenrlLY. This subaccount includes a gross appraisal
of land costs (including relocations) required for economic evaluation and
construction of alternative plans developed during the site-specific stage of the
study. Work includes detailed determination of cost of lands, easements, and
rights-of-way for the recommended plan. A real estate appendix will be prepared
that will describe the real estate requirements for the proposed project, and
sponsor's administrative and acquisition costs. This information will be
summarized in the FR. In addition, Rights-of-Entry will be obtained were needed
11
wherever ground distraction activities take place and in cases were present owners
will not give verbal approval, even though no ground disturbance will take place.
The Government or the Sponsor may perform this Work. Reference: ER 405-1-12,
Chapter 12.
221- Hydrulngui, Stu dies/Anpendiz. This subaccount includes hydrologic studies
to support hydraulic and design studies. Were hydraulic modeling is required to
evaluate a given site or series of sites, hydrologic flow duration data will be
required for the modeling efforts. Hydraulic tidal input will also be required for
the estuary sites that have tidal ef!'ccts. Hydrologic input to the feasibility report
will be prepared along with a Hydrology Appendix. Reference: ER 1105-2-100,
ER 1110-2-1150.
221- Hydraulic Vtudies/Appenrik This subaccount includes hydraulic design
studies for the candidate sites throughout the basin. Some of the proposed
projects, i.e. side, channels and stream rehab will require hydraulic modeling
utilizing a one-dimensiona;, steady state HEC-RAS numerical model. The
hydraulic study plan to evaluate bioengineering bank stabilization or habitat
placement features is based on the County and the Corps selecting habitat sites in
reaches that have excess freeboard that will allow habitat features being placed
with no loss of the existing level of flood protection thus eliminating the need for
extensive computer or physical modeling. However if extensive numbers of
bioengineering bank stabilization projects are proposed for the Middle Green River
area, a 2-dimensional hydrodynamic model and a physical model will be required
to determine the effect on the water surface and localized velocity regime of
placing a significa. :cumber of habitat structures in this critical reach. The
hydraulic study pia:; also includes input for the 01,1tR&R estimate, the
preparation of a hydraulic appendix and a summary for the FR. Reference: ER
1105-2-100, ER 1110- -1150
22Ii- Gentechnical.Studies/.9ppendir.
This subaccount includes the investigation, exploration, and analysis of foundations
and materials conditions re!--ted to the selection and design of the selected
restoration alternatives It aiso includes review of existing data for use in identifying
zones of siting feasibility and the screening and selection of candidate restoration
sites. The criteria guiding geotechnical investigation and analyses will is that they
will be performed in support of prc ect alternatives, at the minimum level
necessary to support engineering and design studies needed to establish conceptual
designs for project features and elements and to form an appropriate basis for
further preconstruction engineering and design (PED) design efforts. The ma:ority
of the sites will require a field visit along with the rest of the design and evaluation
team. The sites that include moving an existing levee and those sites in the lower
estuary will require subsurface investigation. A geotechnical appendix to the
feasibility report will be prepared and a summary for the FR. Reference: ER 1110-
2-1150
12
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13
22L Hazardous Toxic and Radiological Waste (HTRO Studies
The objective of HTRW studies is to determine the presence and character of
contamination identified in an initial screening of the preferred restoration sites,
estimate the volume and level of any contamination and conduct a site
investigation of any selected restoration sites that have a potential for HTRW
contamination. The extent of HTRW studies beyond the initial screening, that will
be required in support of the site-specific stage of the study, cannot be
predetermined; therefore, the cost of the latter portion of this work item is a gross
estimate and work is not to be performed until a preliminary screening is
accomplished. If screening shows significant contaminants then additional
investigation and testing will be required to develop program of site rehabilitation
during construction. The Government will perform all work. Reference: ER
1165-2-132. An HTRW appendix will be prepared and a summary statement will
be prepared for the FR.
22N-Survey and Mapping•
This subaccount includes all surveying, aerial photography, mapping and related
tasks necessary to support engineering and design studies for the basin wide
restoration study. The Government or its contracting agents will perform all work.
Reference: ER 1105-2-100
220- Cost Estimates.
This subaccount includes all cost estimating for the candidate restoration sites and
preparation of construction cost estimates for the selected plan. Estimates will be
in work breakdown structure format, and the detailed estimate of cost for the
recommended plan and NED plan, if different, will be prepared using the M-
CASES software. The amount of cost estimates that will be required in support of
the site-specific stage of the study cannot be predetermined; therefore, the cost of
this work item is a gross estimate and work is not to be performed until after a
scope has been approved by the Executive Committee. The Government will
perform all work. Input to the Engineering Appendix will be prepared along with a
cost table and narrative for the FR. Reference: ER 1110-2-1150, EM 1110-2-
1302.
22P Engineering and Design Studies/Engineerine Appendix
This account includes engineering and design studies of alternative restoration sites
and preparation of an engineering appendix to the feasibility report. Engineering
and design studies will be performed at the minimum level needed to establish
conceptual designs for project features and elements and for development of
construction cost estimates, and estimates of operation, maintenance, repair,
replace and restoration. (OMRR&R) and surveillance. At the same time these
studies will establish an appropriate basis for further preconstruction engineering
and design (PED) design efforts, and project construction schedules. The
Engineering Appendix will consist of all design data analyses, a written description
of the design features of the recommended plan, pates, and cost estimates. The
14
Government will perform all work. Reference: ER 1110-2-1150, ER 1105-2-100,
EM 1110-2-5027, EM 1110-2-5025.
220-Study/Proiect Manaeement.
This effort will include all activities related to management if the feasibility phase.
Activities include: overall coordination with local, state, tribal and federal
governmental agencies, ports, industry, interest groups, and the general public;
oversight management of in-house, Sponsor, and contracted efforts; coordination
of the public involvement program; coordination with the Sponsor, attending
meetings and conducting briefings throughout the course of the study; responding
to congressional and other inquiries; preparation of budgetary documents and
upward reporting; programming, managing and tracking study obligations, and
expenditures; and accounting for in-kind services . Management of various
reviews of the programmatic EIS and the draft and final feasibility reports is
included; this will involve Project Study Team review, coordination with the
Technical Review Team, Technical Review Team review, and public review of the
draft documents. The Government, the Sponsor, and the city and tribal
participants in the study ILA will perform study management activities. This
subaccount does not include plan formulation, report preparation, or Washington
level review support activities, which are separately described below. Reference:
ER 1105-2-100, ER 5-7-1.
22R-Plan Formulation.
This subaccount includes the evaluation of alternative plans and selection of the
recommended plan, plus general plan formulation activities that are not properly
costed against other accounts. Plan formulation is the process whereby project
alternatives are conceived and developed to satisfy specific objectives and then
combinations of measures are coordinated to develop alternative disposal site
plans. Alternative plans will be formulated in consideration of four criteria:
completeness, effectiveness, efficiency, and acceptability. The Government and the
Sponsor will jointly conduct plan formulation. Reference: ER 1105-2-100.
22.S- Report Preparation.
This subaccount includes preparation of text and graphics for both the draft and
final feasibility report, and EIS. Specific activities include assembling, writing,
editing, reviewing, revising and responding to review comments, reproducing, and
distributing the draft and final feasibility report. Reference: ER 1105-2-100.
22T- Technical Review.
This subaccount includes costs for technical review of the draft feasibility report by
the Technical Review Team, as shown on Table 3. Independent technical review
of the feasibility report will be conducted independent of the technical production
of the report, as described in the Quality Control Plan of this PSP. The study will
also have extensive review throughout the plan formulation and EIS process by
agencies at the federal, state, local and tribal governmental level, and by the local
15
cities, special interest groups, and the general public. Those entities most directly
involved in plan formulation will include Washington Department of Fish and
Wildlife, U.S. Fish and Wildlife Service,National Marine Fisheries Service, the
cities in the basin, Native American tribes, and interest groups. Reference: Draft
EC-1165-2, Implementation of Technical and Policy Compliance Review.
22 U-Executive Committee.
This subaccount includes costs incurred by the study Executive Committee
members who will generally oversee the study consistency with the PSP, as
prescribed in Article IV of the FCSA. The Executive Committee will have three
members, including a representative from each of these three entities: The U.S.
Army Corps of Engineers,King County, and the cities and tribes participating in
the ILA . Table 1 reflects an estimate of costs that will be incurred by the Seattle
District Planning Branch Chief and his counterparts from the Sponsor. Costs
incurred by the District Engineer and his counterparts from the Sponsor will not be
separately chargeable to the study but, instead, will be charged to General and
Administrative overhead and the Sponsor's equivalent overhead account.
22Y- Washington Level Review Support.
This subaccount includes reasonable costs of those activities by the Seattle District
and King County, which may be necessary to support the review and processing of
the feasibility report, from the signing of the final report by the Seattle District
Engineer through the request of the Assistant Secretary of the Army (Civil Works)
to the Office of Management and Budget for the views of the Administration.
These items could include answering comments, attending Washington-level
meetings and other necessary travel, and making minor report revisions as a result
of review by higher authority. This item will be five percent of the total study
cost, or $50,000, whichever is less, and will be shared equally. Any costs relating
to the feasibility report that are incurred following completion of the feasibility
phase and subsequent termination of the FCSA will be 100 percent federal costs.
The amount of work that will be required during this review cannot be
predetermined; therefore, this work item is considered a contingency. Reference:
ER 1105-2-100 (Chapter 8), EC 1105-2-208.
2.7 Studv Management and Coordination Study management and coordination are
generally described in Article IV of the Agreement. The specific coordination mechanism
between the Govemment, King County, and the city and tribal participants in the study
ILA is described below:
Coordination Mechanism
a. The Corps of Engineers Project Manager will be responsible for day-to-day
management of the study. He/she will maintain close coordination with the entire
Project Study Team to ensure timely prosecution of the study and compliance with
this Agreement. The Corps of Engineers Project Manager will meet and confer
with the Sponsor's Project Managers on a regular basis throughout the study to
16
discuss study prosecution and progress. The Corps of Engineers Project Manager
will maintain a written record of such meetings, with a copy provided to the
Sponsor's Project Manager.
b. The Corps of Engineers Study Manager will prepare quarterly study
progress reports, with appropriate input from the Project Study Team. Following
review and approval by the Project Study Team, the quarterly study progress
reports will be submitted to the Executive Committee and the Steering Committee.
The repots will identify progress of all work items during the period, as well as
document unresolved conflicts or policy issues requiring action by the Executive
Committee.
C. Executive Committee meetings will be scheduled on a semiannual basis.
More frequent meetings will be scheduled, as required, to resolve conflicts or
policy issues.
2.8 Review and Acceptance of Work. The Project Study Team, under the direction
of the Corps of Engineers Project Manager, will monitor and review all work. Project
Study Team review and acceptance of work items, including contracts will be
documented in the quarterly study progress reports submitted to the Executive Committee
and the Steering Committee. Any disagreements about the acceptability of completed
work will immediately be brought to the attention of the Executive Committee by the
Project Manager, acting through the Project Study Team.
3. QUALITY CONTROL PLAN.
3.1 Purpose. This Quality Control (QC) Plan presents the process that assures quality
products for the Duwamish/Green Ecosystem Restoration Study. This QC Plan defines
the responsibilities and roles of each member on the study and Technical Review Team.
The primary product to be reviewed by the Technical Review Team is the feasibility
report. Under current procedures, technical review is a district function, and policy
compliance review is a HQUSACE function. Technical review will be conducted for all
decision documents and will be independent of the technical production of the
product/project. This QC Plan is, by reference, a part of the Project Study Plan (PSP) for
the feasibility study.
3.2 Nlethodolow. The Project Study Team is comprised of qualified personnel from
within the Seattle District, the U.S. Fish and Wildlife Service, King County (the study
sponsor), and the city and tribal participants in the study ILA. Project Study Team
members are identified in Table 2.
The Technical Review Team has been selected on the basis of having the proper
knowledge, skills, and experience necessary to perform the task, as well as their lack of
affiliation with the development of the feasibility report. The Technical Review Team is
primarily drawn from Seattle District personnel, to ensure that the technical work and
17
products from economics, engineering, environmental, cost estimating, real estate, and
other essential disciplines, achieve a quality product. Technical Review Team members
are identified in Table 3. Technical review of the programmatic EIS will be accomplished
through the formal NEPA/SEPA process.
Technical review will use appropriate analytical methods for each technical area.
Technical review will rely on periodic Technical Review Team meetings to discuss critical
plan formulation or other project decisions, and on the review of the written feasibility
report documentation and files. A technical review will ensure and confirm that:
a. the document is consistent with established criteria, procedures, and policy;
b. clearly justified and valid assumptions that are in accordance with established
guidance and policy have been utilized, with any deviations clearly identified and
properly approved;
C. the concepts,.features, analytical methods, analyses, and details are appropriate,
fully coordinated, and correct;
d. the problems/'issues are properly defined and scoped, and the conclusions and
m
recommendations are reasonable.
3.3 Quality Control Responsibilities.
a. General. Technical Review Team continuity will be maintained through
the life of the project, to the maximum extent possible. The size and composition
of the Technical Review Team shall be based on the complexity of the project; this
composition may change as the project progresses and specific project features are
better defined. The Technical Review Team leader will normally be a project
manager. The technical review will be funded by project funds.
b. Project Manager. The feasibility study project manager shall be
responsible for coordinating the review effort with the Technical Review Team
leader and shall:
1. ensure that the schedule contains sufficient time to perform reviews of
completed products;
2. insure that the team leader is notified of significant Project Study Team
meetings and review conferences so that he/she can assemble the Technical
Review Team for in-progress reviews; and
3. manage responses to review memorandums and resolve technical issues with
the Technical Review Team leader, consult with North Pacific Division as
appropriate, and forward all unresolved technical issues to the appropriate
Functional Chief for resolution.
C. Functional Section Chiefs. Each Functional Section Chief is responsible
for ensuring that all work prepared by or for his/her Section has received any
18
necessary internal QC checks prior to the feasibility report being furnished to the
Technical Review Team for final review.
d. Technical Review Team Member. Each Technical Review Team
member is responsible for performing an independent technical review an will:
1. attend all major Project Study Team meetings.
2. assemble all review memorandums and/or other review-related
correspondence, and maintain a reading file for the use of the Technical
Review Team .
e, Technical Review Team Member. Each Technical Review Team
member is responsible for performing an independent technical review of the
assigned study product or portion thereof. The reviewer shall seek assistance from
his/her Functional Section Chief whenever the review calls for a level of
specialized experience or training not possessed by the reviewer.
3.4 Oualit i Control Process.
a. Technical Coordination. Generally, product development shall be
performed in accordance with established criteria and guidance and vwrith policy.
Meetings with the appropriate Technical Review Team members during the
planning process will be held at key decision-making points. Meetings will also be
held to discuss and resolve technical and/or policy issues that may arise during the
course of product development. Technical issues and concerns raised during the
technical review process will be documented, as will the resolution of these issues
and concerns. Telephone and personal contacts with appropriate Technical
Review Team members will be used to informally discuss study issues throughout
the process.
b Product Quality Control. Product Quality Control is the independent
technical review of a completed product. The feasibility study Project Manager
will provide completed documents to the Technical Review Team leader who will
distribute them to the Technical Review Team members for review. During the
review, Technical Review Team meetings will be scheduled as required to ensure
that all components have been coordinated, there is consistency throughout the
document, and there is a CONSENSUS on proposed revisions. Any issues on
which a Technical Review Team position cannot be reached will be referred
through the project manager to the District Functional Chief for resolution. The
Technical Review Team leader will record the significant team comments in a
written review memorandum that will be provided to the project manager for
appropriate action. Comments that cannot be resolved between reviewers and
Project Study Team will be taken by the Technical Review Team leader and
project manager to the appropriate Functional Cl,ief for final disposition; the
assistance of North Pacific Division and HQUSACE will be requested as needed.
19
3.5 Consultant Products. Consultants are an extension of the Project Study Team
and any designs, reports, etc., prepared by them shall have an independent review by the
Technical Review Team just as if they had been prepared by the Project Study Team.
3.6 Policy Review. Questions or problems regarding policy concerns will be elevated
directly to HQUSACE (CECW-A) for resolution, as the issues develop. Legal and real
estate policy issues will be elevated to the Chief Counsel and Director of Real Estate,
resp sctively.
3.7 Technical Review Documentation.
All significant review comments will be provided to the Project Study Team in written
format. The Project Manager will assure that all significant comments are resolved and
their final disposition is identified in writing.
The feasibility report submitted to higher authority shall be accompanied by technical
review documentation. This documentation shall be a separate item not to be included as
part of the feasibility report. A page indicating the names of the Project Study Team
members and Technical Review Team members shall be included.
3.8 Schedule. Technical review milestones are scheduled as indicated in Figure 2 of
the Project Study Plan, work sequence diagram, and are shown on Table 4 at the end of
this plan.
20
TABLE 1
FEASIBILITY STUDY COST ESTIMATE SUMMARY
Subaccount-Stidy Work Item FY 1997 1 FY 1998 FY 1999 j Total
ZZA-PUSUCINVOLVEMENT
Govemment Effort $0 $2,000 $2,000 $4.000
Sponsor Ir kind Services $2,000 $10,000 $10,000 SZ2.000
22D -CULTURAL RESOURCE STUDIES
Government Effort $10,000 $15,000 $D 1 $25,000
Sponsor In-kind Services SO I SO SO SO
ZZE-ENVIRONMENTAL STUDIES
Environmental Data Com nation
Government Effort $10,000 $25,000 $0 $35,000
Sponsor IrAdnd Services $5,000 $10,000 SO $15,000
Environmental Coordination
Government Effort $5,000 1 $15,000 S12,000 S32.000
Sponsor h 4dnd Services SO 1 $10,000 $3,000 $13,000
Programmatic NEPAISEPA
Govemment Effort $145,000 $5,000 1 $150,000
Sponsor In-kind Services SO SO SO 1 SO
Site-specific EIS Review Process
Govemment Effort SO $14.000 1 $14,000
Sponsor in4ind Services SO $0 1 SO
2ZF-FISH 3 WILDLIFE COORD.ACT REPORT
Govemment Effort 1 1 $15,000 $5,000 1 S20,000
Sponsor In-kind Services SO SO SO
ZZG -ECONOMIC ANALYSIS
Govemment Effort SO 535,000 $10,000 $45,000
Sponsor In-kind Services SO SO SO
ZZH -REAL ESTATE STUDIES
Govemment Effort $5,000 $50,000 SO $55,000
Sponsor In-kind Services SO S5,000 $5,000
ZZI-HYDROLOGIC STUDIES
Govemment Effort $5,000 S10,000 $0 1 $15,000
-Sponsor In-kind Services $5,000 S10,000 $15,000
Z2J -HYDRAULIC STUDIES
Govemment Effort $10,000 1 $46.300 $0 1 S56,300
Sponsor In-kind Services $5,000 S20,000 SO 1 $25,000
Subaccount-Study Work Item FY 1997 FY 1998 FY 1999 Total
ZZK-GEOTECHNICAL STUDIES
Govemment Effort $10,000 $15,300 $3,000 $28,300
-Sponsor In-kind Services $0 s0 SO $0
1
TABLE 1
FEASIBILITY STUDY COST ESTIMATE SUMMARY
221.-HTRW STUDIES I
Govemment Effort $5,000 $23,000 $5,000 $33,000
Sponsor In-ldnd Services $0 $0 $0 s0
22N-SURVEY AND MAPPING
Govemment Effort $5,000 $6,000 S3,000 $14,000
Sponsor In-kind Services $5,000 $0 SO $5,000
220-COST ENGINEERING
Govemment Effort $10,000 $1,000 $11,000
Sponsor In-kind Services $0 $0 $0
22P-ENGINEERING AND DESIGN STUDIES
Engineering
Govemment Effort $10,003 $55,000 $5,000 S70,000
Sponsor In-kind Services $10,000 $30,000 $5,000 $45,000
Environmental Support
Govemment Effort $5,000 $10,000 S5,000 $20,000
.Sponsor In-kind Services $10,000 $15.000 $5,000 $30,000
22Q-STUDY MANAGEMENT
Govemment Effort $3,000 1 $4,500 $40,000 $47,500
Sponsor In-kind Services $3,000 1 $20,000 $10,000 $33,000
22R-PLAN FORMULATION
Govemment Effort $2,000 S7,000 $0 $9,000
Sponsor In-kind Services S5,000 S5,000 $10,000
22S-REPORT PREPARATION
Govemment Effort $0 1 $10,000 23,000 $33,000
Sponsor In-kind Services $0 1 $5,000 $10,000 $15,000
I
22T-TECHNICAL REVIEW
Govemment Effort SO I $0 $25,000 S25,000
Sponsor In-kind Services SO I SD $10.000 $10,000
22U-EXECUTIVE COMMITTEE 1
Govemment Effort $D 1 $1,000 1 $1,000 $2,000
Sponsor b-kind Services $0 1 $1,000 1 $1,000 $2,000
I
I
FY 1997 I FY 1998 FY 1999 Total
I
22Y-WASHINGTON LEVEL REVIEW SUPPORT
Govemment Effort SO I SO $0 SO
Sponsor In-kind Services $0 I SO $0 $0
SUBTOTAL $135,000 1 $641,100 S213,000 S989,100
Contingency(10.0 Percent) I $13,500 1 $64,110 1 $21,300 $98,910
TOTAL ESTIMATE IN 1997 DOLLARS $148,500 1 $705,210 1 $234,300 IS1,088,010
2
TABLE 1
FEASIBILITY STUDY COST ESTIMATE SUMMARY
Government Cost Share $74250 $352,605 $117,150 $544,005
Sponsor Cost Share
Cash Contribution $24,250 $211,605 $63,150 $299,005
On-kind Services) $50.000 $141,000 $54,000 $245,000
TOTAL ESTIMATE ON 1997 DOLLARS $148,500 $705,210 $234,300 $1,088,010
OMB INFLATION FACTORS 1 1.042 1.086
FULLY FUNDED ESTIMATE:
Government Cost Share $74,250 $367,414 $127225 $568,889
Sponsor Cost Share
Cash Contribution $24.250 $220,492 $68,581 $313,323
In-kind Services $50,000 $146,922 $58,644 $255,565
FULLY FUNDED ESTIMATE $148,500 S734,829 $254,450 1$1,137,779
NOTE:
This is a fug funding total which involves multi rication of the base year 1997 estimated study cost
lby Office of Management and Budget OMB inflation factors for work to be performed in FY 1988 and 1999
3
TABLE 2
Duwamish - Green River Fish and Wildlife Restoration Feasibility Study
Project Study Team
Discipline Name Office Symbol/Agency
Project Manager Noel Gilbrough CENPS-EN-PL-CP
Assistant Project Manager Tim Shaw CENPS-EN-PL-CP
Environmental Coordinator Pat Cagney CENPS-EN-PL-ER
Environmental Resources Merri Martz CENPS-EN-PL-ER
Cultural Resources Dr. David Rice CENPS-EN-PL-ER
Geospatial Data& Systems Dave Gustafson CENPS-IM-PI
Environmental Engrg/HTRW Travis Shaw CENPS-EN-GT-ET
Geothechnical Monte Kaiser CENPS-EN-GT-GE
Hydraulic Engineer Tun Lencioni CENPS-EN-H&H
Hydrological Engineer Bill Cronin CENPS-EN-H&H
Survey &Mapping Kurt Noble CENPS-EN-SY
Fish & Wildlife Gwil Ging U.S. Fish & Wildlife Service
Civil Design Brad Brandt CENPS-EN-DB-CD
Economic Evaluation Patty Cardinal CENPS-EN-PL-CP
Cost Engineering Bill Garrott CENPS-EN-CE
Cost Engineering Stephen Pierce CENPS-EN-CE
Real Estate Wanda Gentry CENPS-RE-AQ
Sponsor Dennis Canty King County
Sponsor Bob Furstenburg King County
Sponsor Clint Loper King County
City Representatives
Tribal Representatives
Contractors (to be determined)
21
TABLE 3
Duwamish - Green River Fish and Wildlife Restoration Feasibility Study
Technical Review Team
Discipline Name Office SymboUA ea ncv
Technical Review Team Leader Mike McNeely CENPS-EN-PL-ERS
Environmental Coordinator Jeff Dillon CENPS-EN-PL-ER
Cultural Resources Lawr Salo CENPS-EN-PL-ER
Geospatial Data& Systems Dave Gustafson CENPS-IM-PI
Environmental Engrg/HTRW Sandy Lemlich CENPS-EN-GT-ET
Geothechnical Jim McBane CENPS-EN-GT-GE
Hydraulic Engineer Ron Malmgren CENPS-EN-H&H
Hydrological Engineer Loren Jangaard CENPS-EN-H&H
Fish & Wildlife Gwil Ging U.S. Fish&Wildlife Service
Civil Design Pam Yorozu CENPS-EN-DB-CD
Economic Evaluation Jeff Mendenhall CENPS-EN-PL-CP
Cost Engineering Mel Bonicillo CENPS-EN-CE
Real Estate David A. Garton CENPS-RE-AQ
Sponsor Dennis Canty King County
Sponsor Bob Furstenburg King County
Sponsor Clint Loper King County
City Representatives
Tribal Representatives
22
TABLE 4
Duwamish - Green River Fish and Wildlife Restoration Feasibility Study
Study Milestones
Milestone Date
Initiate Feasibility Study September 1997
Technical Review Conference September 1998
Submit Report to HQUSACE for January 1999
review
Feasibility Review Conference April 1999
Public and Agency Review May 1999
Submit Final District Report to July 1999
NVWD
Division Engineers Public Notice September 1999
23
Addendum#1 to the PSP
13 January 1998
DUWAMISH/GREEN RIVER ECOSYSTEM RESTORATION STUDY
ADDENDUM#1 TO THE PSP
1. The purpose of this addendum is to outline the scope and cost of adding an additional
project to those being studied under the existing PSP. This additional project is being managed
solely by the U.S. Army Corps of Engineers and King County and is called the West Seattle Near
Shore Habitat Restoration Project. The overall plan for this project includes spreading several
acres of habitat with a combination of shell, gravel and rock to develop a condition that will
attracted bottom growing plants, organisms and fish. This project has been proposed by the Elliot
Bay panel, a group that has been instrumental in proposing and funding several habitat restoration
sites in the Elliot Bay and Duwamish waterway area. The proposed project meets with the overall
criteria of the study and expands the basin wide ecosystem approach of the study.
2. This addendum consists of: a scope of work for this additional effort, a schedule and list of
deliverables, and a cost estimate for funding this effort.
Dgedmdoc
Addendum '�1 to the PSP
ELLIOT BAY NEAR SHORE PROJECT
This package is a proposal for the Seattle District of the Corps of Engineer to assist
in the study and construction of the Elliot Bay Near Shore Project. This proposal includes
adding this project to the series of projects being investigated under the Duwamish Green
River Feasibility Study that is sponsored by King County.
The overall schedule calls for this project to meld in with the other projects being
investigated in an overall Feasibility Study that is currently szheduled to be submitted to
the Corps higher authority in November of 1999. Construction would be done, at the
earliest 2 years and the report is submitted.
The funding advantage is that the Corps will pay 50% of the cost of the study and
65% of the cost of the project.
Scope of Work
Elliot Bay Near Shore Project
This scope of work is for adding the Elliot Bay Near Shore project to the Du-A'amish Green
Ecosystem Restoration Study that is sponsored by King County and being conducted in
partnership with Seattle District Corps of Engineers.
Engineering Design
This effort would include the design of a small pilot project that would be used to test
materials and locations that would be used in the larger project. Any permit input that would be
necessary for the pilot. Sponsor will provide the permits. These small projects would be
designed for very simple construction techniques and to be easily located for monitoring. This
effort would also include the acquisition of materials and the construction of the pilot project
This effort would also include the design of the full size project in the four locations as
described in the map provided by King County. The project design would include 3 alternatives,
one small alternative (no federal funding) and a small and large federal alternative. The materials
and placement methods would be determined during the design studies. Modifications could be
made to the final feasibility design based on input from the monitoring of the prototype projects.
Modifications would also be made during Plans and Specifications based on Monitoring
Enrironrnental Studies
This effort would include developing the SEPA;NEPA documentation necessary for the
prototype project e.g. existing conditions, toxicity .etc. a literature review for the project,
assistance in developing a monitoring plan for the prototype and in developing input for a
programmatic EIS that is part of the overall feasibility study. This effort would also include an
investigation of eelgrass, and a benthic community characterization and any other green slimy
things that live down below.
Addendum 91 to the PSP
Mapping
This include both a bathometric survey and map of the project area. The bathometric map
will have enough detail to be able to tie the four project sites back to pilings and other landforms.
This format will make an excellent base to show project features and location.
HTRWAnalysis
This effort will include a literature review to determine the history of hazardous
substances in the area and working with the study team on the project area. It does not include
any testing of materials. If it is determined that there is a possibility of hastox material in the
project site then a cost estimate for sampling will be provided.
Report Input
Prepare a write up and plates for this project for inclusion into the feasibility report.
Project Management
Manage the overall effort and studies for the study and prototype project. Write work
requests and contracts dealing with this efforts, keep track of funding and funds management
system..
Environmental Coordination
Coordinate with other resource agencies, attend meeting, and prepare environmental
contracts. Supervise all environmental funding and effort dealing with this study.
Dgebscope.doc
Addendum#1 to the PSP
ATTACHMENT
Deliverables Date USACE Responsible
Unless Indicated
Pilot Project
Design/specifications Dec. 1997
NEPA/EA requirements Nov. 1997
(Nationwide permit)
401,404 approval Nov.1997
Local permits/B?A/SEPA checklist Feb 1998 King County
Property Right of Entry Jan. 1998 King County &USACE
Substrates obtained and put in place Mar. 1998
according to design
Monitoring/Report Sept. 1998 King County
Engineering and Design Dec. 1998
for full project within 4 areas as specified
Bathometric & topographic surveys/Maps
tied to land features
Literature Review of similar projects
in Central Puget Sound
Feasibility report including
necessary information to
achieve project goals, e.g.
Existing conditions
Stability of slope & substrate
Optimum patch size
Substrates that meet project objectives
Specific locations within specified areas
Environmental impacts
Project Design with cost analysis of 3 options
Environmental Review
HTRW Analysis/report Jun.1999
NEPA/SEPA Approvals
Programmatic EIS docu-
mentation, e.g.:
existing conditions
potential impacts
EA approval Dec. 1999
Local Permits/SEPA checklist Jun. 2000 King County
Monitoring plan Feb. 1999 KC and USACE
PsP
Elliott Bay Near Shore Project
Tasks/budget breakdown by cash/in-kind and agenc
TASKS CASH KC In-Kind
COE$40,000 KC $20,000
KC S20,000
Pilot Project 2000
Specifications
Monitor/Report 3000
Construct 5000
Project Specifications
Literature Review 2500
Bathometric Survey 9000
Topographic Survey/Map 1 5000
Project Design 1 4000 I
Feasibility Report Input 1 2500
Site Analysis/Design 7000
I
Environmental Review
DMMO/HTRW I 1 5000
NEPA process/approval '1 50001
input 1 2500
Permds 50001
i
Study Management 50001
Env. Coordination 4000
Project Management 5000 j
Contingency 8500
TOTAL 600001 200001 80,000
Prepared by Judy Bevington 215198 Page 1
L
AGREEMENT
BETWEEN THEDEPARTMENT OF THE ARMY
AND
KING COUNTY
FOR THE DUWAMISH GREEN RIVER ECOSYSTEM RESTORATION STUDY
THIS AGREEMENT is entered into this 6`h day of October, 1997, by and between
Department of the Army (hereinafter the "Government"), represented by the District Engineer
executing this Agreement, and King County (hereinafter the "Sponsor"),
WITNESSETH, that
WHEREAS, the Congress has authorized the U.S. Army Corps of Engineers to conduct a study
of Ecosystem Restoration in the Duwamish/Green River Basin pursuant to section 209 of public
Law 87-874, Puget Sound and Adjacent Waters Study and
WHEREAS, the U.S. Army Corps of Engineers has conducted a reconnaissance study of
ecosystem restoration of the Duwamish/Green River Basin pursuant to this authority, and has
determined that further study in the nature of a "Feasibility Phase Study" (hereinafter the
"Study") is required to fulfill the intent of the study authority and to assess the extent of the
Federal interest in participating in a solution to the identified problem; and
WHEREAS, Section 105 of the Water Resources Development Act of 1986 (Public Law 99-
662, as a fended) specifies the cost sharing requirements applicable to the Study;
WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter
set forth and is willing to participate in study cost sharing and financing in accordance with the
terms of this Agreement; and
WHEREAS, the Sponsor and the Government understand that entering into this Agreement in
no way obligates either party to implement a project and that whether the Government supports
a project authorization and budgets it for implementation depends upon, among other things, the
outcome of the Study and whether the proposed solution is consistent with the Economic and
Environmental Principals and Guidelines for Water and Related Land Resources Implementation
Studies and with the budget priorities of the Administration;
NOW THEREFORE, the parties agree as follows:
ARTICLE I -DEFINITIONS
For the purposes of this Agreement:
A. The term "Study Costs" shall mean all disbursements by the Government pursuant to this
Agreement, from Federal appropriations or from funds made available to the Government by the
Sponsor, and all negotiated costs of work performed by the Sponsor pursuant to this
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Agreement. Study Costs shall include, but not be limited to: labor charges; direct costs;
overhead expenses; supervision and administration costs; the costs of participation in Study
Management and Coordination in accordance with Article IV of this Agreement; the costs of
contracts with third parties, including termination or suspension charges; and any termination or
suspension costs (ordinarily defined as those costs necessary to terminate ongoing contracts or
obligations and to properly safeguard the work already accomplished) associated with this
Agreement.
B. The term "estimated Study Costs" shall mean the estimated cost of performing the Study as
of the effective date of this Agreement, as specified in Article III.A_ of this Agreement.
C. The term"excess Study Costs" shall mean Study Costs that exceed the estimated Study
Costs and that do not result from mutual agreement of the parties, a change in Federal law that
increases the cost of the Study, or a change in the scope of the Study requested by the Sponsor.
D. The term"study period" shall mean the time period for conducting the Study, commencing
with the release to the U.S. Army Corps of Engineers Seattle District of initial Federal feasibility
funds following the execution of this Agreement and ending when the Assistant Secretary of the
Army (Civil Works) submits the feasibility report to the Office of Management and Budget
(OMB) for review for consistency with the policies and programs of the President
E. The term "PSP" shall mean the Project Study Plan, which is attached to this Agreement
and which shall not be considered binding on either party and is subject to change by the
Government, in consultation with the Sponsor.
F. The term "negotiated costs" shall mean the costs of in-kind services to be provided by the
Sponsor in accordance with the PSP.
G. The term "fiscal year" shall mean one fiscal year of the Government. The Government
fiscal year begins on October 1 and ends on September 30.
ARTICLE II - OBLIGATIONS OF PARTIES
A. The Government, using funds and in-kind services provided by the Sponsor and funds
appropriated by the Congress of the United States, shall expeditiously prosecute and complete the
Study, in accordance with the provisions of this Agreement and Federal laws, regulations, and
policies.
B. In accordance with this Article and Article M.A., III.B. and III.C. of this Agreement, the
Sponsor shall contribute cash and in-kind services equal to fifty (50) percent of Study Costs other
than excess Study Costs. The Sponsor may, consistent with applicable law and regulations,
contribute up to 25 percent of Study Costs through the provision of in-kind services. The in-kind
services to be provided by the Sponsor, the estimated negotiated costs for those services, and th,
estimated schedule under which those services are to be provided are specified in the PSP.
2
Negotiated costs shall be subject to an audit by the Government to determine reasonableness,
allocability, and allowability.
C. The Sponsor shall pay a fifty (50) percent share of excess Study Costs in accordance with
Article=D. of this Agreement.
D. The Sponsor understands that the schedule of work may require the Sponsor to provide
cash or in-kind services at a rate that may result in the Sponsor temporarily diverging from the
obligations concerning cash and in-kind services specified in paragraph B. of this Article. Such
temporary divergences shall be identified in the quarterly reports provided for in Article III.A. of
this Agreement and shall not alter the obligations concerning costs and services specified in
paragraph B. of this Article or the obligations concerning payment specified in Article III of this
Agreement.
E. If� upon the award of any contract or the performance of any in-house work for the Study
by the Government or the Sponsor, cumulative financial obligations of the Government and the
Sponsor would result in excess Study Costs, the Government and the Sponsor ag-ee to defer
award of that and all subsequent contracts, and performance of that and all subsequent in-house
work, for the Study until the Government and the Sponsor agree to proceed. Should the
Government and the sponsor require time to arrive at a decision, the Agreement will be suspended
in accordance with Article X., for a period of not to exceed six months. In the event the
Government and the sponsor have not reached an agreement to proceed by the end of their 6
month period, the Agreement may be subject to termination in accordance with Article X.
F. No Federal funds may be used to meet the Sponsor's share of Study Costs unless the
Federal granting agency verifies in writing that the expenditure of Such funds is expressly
authorized by statute.
G. The award and management of any contract with a third party in furtherance of this
Agreement which obligates Federal appropriations shall be exclusively within the control of the
Government. The award and management of any contract by the Sponsor with a third party in
furtherance of this Agreement which obligates funds of the Sponsor and does not obligate Federal
appropriations shall be exclusively within the control of the Sponsor, but shall be subject to
applicable Federai laws and regulations.
K The Sponsor shall be responsible for the total cost of developing a response plan for
addressing any hazardous substances regulated under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, (codified
at 42 U.S.C. Sections 9601-9675), as amended, existing in, on, or under any lands, easements or
rights-of--way that the Government determines to be required for the construction, operation, and
maintenance of the project. Such costs shall not be included in total study costs.
I. The Sponsor's contributions to Study Costs and participation in the Study are subject to
the Sponsor's annual budget allocation processes. The sponsor's budget allocations are approved
3
in approximately November of each year for the following Sponsor fiscal year (January to
December). In the case that budget approval for the Sponsor's participation is not granted in any
given year, this agreement may be subject to termination in accordance with Article X. of this
Agreement
ARTICLE III_METHOD OF PAYMENT
A_ The Government shall maintain current records of contributions provided by the parties,
current projections of Study Costs, current projections of each party's share of Study Costs, and
current projections of the amount of Study Costs that will result in excess Study Costs. At least
quarterly, the Government shall provide the Sponsor a report setting forth this information. As of
the effective date of this Agreement, estimated Study Costs are $1,088,010 and the Sponsor's
share of estimated Study Costs is $554,005. In order to meet the Sponsor's cash payment
requirements for its share of estimated Study Costs, the Sponsor must provide a cash contribution
currently estimated to be $299,005. The dollar amounts set forth in this Article are based upon
the Government's best estimates, which reflect the scope of the study described in the PSP,
projected costs, price-level changes, and anticipated inflation. Such cost estimates are subject to
adjustment by the Government and are not to be construed as the total financial responsibilities of
the Government and the Sponsor.
B. The Sponsor shall provide its cash contribution required under Article II.B. of this
Agreement in accordance with the following provisions:
1. No later than 30 calendar days prior to the scheduled date for the Government's issuance
of the solicitation for the first contract for the Study or for the Government's anticipated first
significant in-house expenditure for the Study, the Government shall notify the Sponsor in writing
of the funds the Government determines to be required from the Sponsor to meet its required
share of Study Costs for the first fiscal year of the Study (fiscal year 1997) and for the first
quarter of second fiscal year (fiscal year 1998). No later than 15 calendar days thereafter, the
Sponsor shall provide the Government the full amount of the required funds by delivering a check
payable to "FAO, USAED, Portland,(Seattle)" to the District Engineer.
2. For the remaining three quarters of fiscal year 1998 and the first quarter of fiscal year
1999, the Government shall, no later than December 1, 1997, notify the Sponsor in writing of the
funds the Government determines to be required from the Sponsor to meet its required share of
Study Costs for that period, taking into account any temporary divergences identified under
Article H.C. of this Agreement. No later than January 15, 1998 the Sponsor shall make the full
amount of the required funds available to the Government through the funding mechanism
specified in paragraph B.2. of this Article.
3. For the remaining three quarters of fiscal year 1999, the Government shall, no later than
December 1, 1998, notify the Sponsor in writing of the funds the Government determines to be
required from the Sponsor to meet its required share of Study Costs for that period, taking into
account any temporary divergences identified under Article II.C. of this Agreement. No later than
4
January 15, 1999 the Sponsor shall make the full amount of the required funds available to the
Government through the funding mechanism specified in paragraph B.2. of this Article.
4. The Government shall draw from the funds provided by the Sponsor such sums as the
Government deems necessary to cover the Sponsoes share of contractual and in-house fiscal
obligations attributable to the Study as they are incurred.
5. In the event the Government determines that the Sponsor must provide additional funds to
meet its share of Study Costs, the Government shall so notify the Sponsor in writing. No later
than 60 calendar days after receipt of such notice, the Sponsor shall make the full amount of the-
additional required funds available through the funding mechanism specified in paragraph B.2. of
this Article.
C. Within ninety (90) days after the conclusion of the Study Period or termination of this
Agreement, the Government shall conduct a final accounting of Study Costs, including
disbursements by the Government of Federal funds, cash contributions by the Sponsor, the
amount of any excess Study Costs, and credits for the negotiated costs of the Sponsor, and shall
furnish the Sponsor with the results of this accounting. Within thirty (30) days thereafter, the
Government, subject to the availability of funds, shall reimburse the Sponsor for the excess, if any,
of cash contributions and credits given over its required share of Study Costs, other than excess
Study Costs, or the Sponsor shall provide the Government any cash contributions required for the
Sponsor to meet its required share of Study Costs other than excess Study Costs.
D. The Sponsor shall provide its cash contribution for excess Study Costs as required under
Article II. C. of this Agreement by delivering a check payable to "FAO, USAED, PORTLAND
DISTRICT" to the District Engineer as follows:
1. After the project that is the subject of this Study has been authorized for construction, no
later than the date on which a Project Cooperation Agreement is entered into for the project; or
2. In the event the project that is the subject of this Study is not authorized for construction
by a date that is no later than 5 years of the date of the final report of the Chief of Engineers
concerning the project, or by a date that is no later than 2 years after the date of the termination of
the study, the Sponsor shall pay its share of excess costs on that date (5 years after the date of the
Chief of Engineers or 2 year after the date of the termination of the study).
ARTICLE IV - STUDY MANAGEMENT AND COORDINATION
A To provide for consistent and effective communication, the Sponsor and the Government
shall appoint named senior representatives to an Executive Committee. Thereafter, the Executive
Committee shall meet regularly until the end of the Study Period.
B. Until the end of the Study Period, the Executive Committee shall generally oversee the
Study consistently with the PSP.
5
C. The Executive Committee may make recommendations that it deems warranted to the
District Engineer on matters that it oversees, including suggestions to avoid potential sources of
dispute. The Government in good faith shall consider such recommendations. The Government
has the discretion to accept, reject, or modify the Executive Committee's recommendations.
D. The Executive Committee shall appoint representatives to serve on'a Study Management
Team. The Study Management Team shall keep the Executive Committee informed of the
progress of the Study and of significant pending issues and actions, and shall prepare periodic
reports on the progress of all work items identified in the PSP.
E. The costs of participation in the Executive Committee (including the cost to serve on the
Study Management Team) shall be included in total project costs and cost shared in accordance
with the provisions of this Agreement.
ARTICLE V -DISPUTES
As a condition precedent to a party bringing any suit for breach of this Agreement, that party
must first notify the other party in writing of the nature of the purported breach and seek in good
faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through
negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute
resolution with a qualified third party acceptable to both parties. The parties shall each pay 50
percent of any costs for the services provided by such a third party as such costs are incurred.
Such costs shall not be included in Study Costs. The existence of a dispute shall not excuse the
parties from performance pursuant to this Agreement.
ARTICLE VI -MAINTENANCE OF RECORDS
Within 60 days of the effective date of this Agreement, the Government and the Sponsor
shall develop procedures for keeping books, records, documents, and other evidence pertaining to
costs and expenses incurred pursuant to this Agreement to the extent and in such detail as will
properly reflect total Study Costs. These procedures shall incorporate, and apply as appropriate,
the standards for financial management systems set forth in the Uniform Administrative
Requirements for Grants and Cooperative Agreements to state and local governments at 32
C.F.R. Section 33.20. The Government and the Sponsor shall maintain such books, records,
documents, and other evidence in accordance with these procedures for a minimum of three years
after completion of the Study and resolution of all relevant claims arising therefrom. To the
extent permitted under applicable Federal laws and regulations, the Government and the Sponsor
shall each allow the other to inspect such books, documents, records, and other evidence.
B. In accordance with 31 U.S.C. Section 7503, the Government may conduct audits in
addition to any audit that the Sponsor is required to conduct under the Single Audit Act of 198
31 U.S.C. Sections 7501-7507. Any such Government audits shall be conducted in accordance
6
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with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and
other applicable cost principles and regulations. The costs of Government audits shall be included
in total Study Costs and shared in accordance with the provisions of this Agreement.
ARTICLE VII -RELATIONSHIP OF PARTIES
The Government and the Sponsor act in independent capacities in the performance of their
respective rights and obligations under this Agreement, and neither is to be considered the officer,
agent, or employee of the other.
ARTICLE VIII- OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, nor any resident commissioner, shall be admitted to
any share or part of this Agreement, or to any benefit that may arise therefrom.
ARTICLE IX-FEDERAL AND STATE LAWS
In the exercise of the Sponsor's rights and obligations under this Agreement, the Sponsor agrees
to comply with all applicable Federal and State laws and regulations, including Section 601 of
Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Department of defense
Directive 5500.11 issued pursuant thereto and published in 32 C.F.R. Part 195, as well as Army
Regulations 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and
Activities Assisted or Conducted by the Department of the Army".
ARTICLE X - TERMINATION OR SUSPENSION
A. This Agreement shall ter:,unate at the conclusion of the Study Period, and neither the
Government nor the Sponsor shall have any further obligations hereunder, except as provided in
Article III. C.; provided, that prior to such time and upon thirty (30) days written notice, either
party may terminate or suspend this Agreement. In addition, the Government shall terminate this
Agreement immediately upon any-failure of the parties to agree to extend the study under Article
H.E. of this agreement, or upon the failure of the sponsor to fulfill its obligation under Article III.
of this Agreement. In the event that either party elects to terminate this Agreement, both parties
shall conclude their activities relating to the Study and proceed to a final accounting in accordance
with Article III.C. and III.D. of this Agreement. Upon termination of this Agreement, all data and
information generated as part of the Study shall be made available to both parties.
B. Any termination of this Agreement shall not relieve the parties of liability for any
obligations previously incurred, including the costs of closing out or transferring any existing
contracts.
IN WITINESS WHEREOF, the parties hereto have executed this Agreement, which shall become
effective upon the date it is signed by the District Engineer for the U.S. Army Corps of Engineers,
Seattle District.
7
DEPARTMENT OF THE ARMY [SPONSOR]
BY v 1 BY f�/' li1 966e ,w
Col el, Corps of Engineers County Executive
Distl1ict Engineer King County
Seattle District
Attachment -Project Study Plan
.g
Kent City Council Meeting
Date March 17 , 1998
Category Consent Calendar
1. SUBJECT: CITY OF FEDERAL WAY INTERLOCAL AGREEMENT, LAKEHAVEN
UTILITY DISTRICT - AUTHORIZATION
2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the
City of Federal Way Interlocal Agreement, Lakehaven Utility
District, upon the City Attorney's concurrence with the
language as written in the Agreement, as recommended by the
Public Works/Planning Committee.
This interlocal agreement provides for continued operation of
utilities should the assumption/dissolution of Lakehaven Sewer
District proceed.
3 . EXHIBITS: Public Works/Planning Committee minutes, Public
Works Director memorandum, and interlocal agreement
4 . RECOMMENDED BY: Public Works/Planning 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
PUBLIC WORKS/PLANNING COMMITTEE
March 2, 1998
PRESENT: Tim Clark Gary Gill ABSENT: Tom Brotherton
Judy Woods Laurie Evazich
Don Wickstrom Jim Harris
Representatives from City of Federal Way
Seattle/King Count Health Dept Grant Agreement
Wickstrom explained that this is a yearly event where we provide two hazardous waste
recycle events independent of the normal recycling material. We have received a grant
for these events and are asking for authorization to proceed.
Committee unanimously recommended authorizing the Mayor to sign the Grant
Agreement and direct staff to accept the Grant and establish a budget for $19,287.00.
Green/Duwamish Watershed Interlocal Agreement
Wickstrom explained that in 1996 during a feasibility study, the Army Corps of
Engineers stated they were eligible to conduct a rehab for past problems within the
watershed. They have conducted a study and have identified 55 different projects which
would restore or preserve habitat for the future. He said this is the feasibility stage to
see how much it would cost to get into the actual design of all these different projects.
Once the projects get beyond that point into the implementation stage, there is 75%
Federal funding. Wickstrom said the total cost of this two year feasibility study is $1.2
Million; locals have to pay half of that. The County has already executed the agreement
and we are expecting the agreement with the County to pay a portion of that $300,000.
Kent's share is approximately $32,000; we have money in our miscellaneous drainage
improvement fund to pay for this.
Committee unanimously recommended authorizing the Mayor to sign the
Green/Duwamish Watershed Interlocal Agreement upon staff concurrence with the terms
thereof and to pay for same out of the Miscellaneous Drainage Improvement fund.
City of Federal Way/City of Kent Interlocal Agreement, Lakehaven Utility District
Cary Roe, Director of Public Works, Citv of Federal Way: In 1992, the City of Federal
Way initiated a process which resulted in a negotiated agreement with Federal Way
Water &-Sewer, who have since changed their name to Lakehaven Utility District, and
it contains three primary points. First, they were to expand their Commission
membership from 3 to 5, which they did. They were to also aggressively pursue a
1
second supply of drinking water. The third point was, they were to become more
aggressive into further maintenance of both their water and sewer systems. Since 1992,
Federal Way City Council has been watching Lakehaven because almost all of Federal
Way is serviced by Lakehaven Utility District and Council has some concerns about their
progress. As a result, Federal Way Council asked Lakehaven to participate in Land Use
and Transportation meetings. Federal Way provided questions, in writing to Lakehaven
in advance of these meetings. Federal Ways biggest concerns were water supply.
Lakehaven has acknowledged that after 1999 their firm water supply is in question. In
1996, Lakehaven informed Federal Way that an agreement with Tacoma was "just
around the comer as well as an agreement with Auburn, neither of which has
materialized at this point. However, they recently had negotiations with the City of
Tacoma.
Lori Evazich stated that Roger Lubovich has reviewed this Interlocal Agreement and he
did not have any objections to the language as drafted.
Clark noted that he realizes everyone in South King County is struggling with water
resources and he feels Federal Way is also struggling with water resources. Roe stated
that Federal Way does not currently provide any water/sewer services as the City of
Federal Way; that is currently provided by Lakehaven Utility District within our city
limits. He explained that there is a portion of the Twin Lakes area that is served by the
City of Tacoma. Roe stated that if we were to get into the water/sewer business, we
would be struggling as well. Roe stated that they are trying to look out for the long term
interest of our citizens with regard to drinking water supply and maintenance. Roe said
it is our Council's position that if we don't take these steps to assume, there will not be
assurance that those services will continue to be provided in a reasonable way at
reasonable rates and that they have taken those steps to initiate the assumption process
to protect those interests.
Clark noted that there are concerns as to the manner in which this assumption has been
managed. Roe stated that Federal Way has spent extensive time in the City of Des
Moines and we have since entered into an Interlocal agreement in which both the City
of Federal Way and Lakehaven Utility District staff went thru a very long and detailed
process of the problems and the City of Des Moines Council resulted in a 5-1 vote to
enter into the Interlocal agreement. We are in a similar capacity with the Cities of
Auburn, Kent, Pacific, Edgewood and Milton.
Committee unanimously recommended authorization for the Mayor to sign the
Interlocal Agreement upon the City Attorneys concurrence with the language as written
in the agreement.
2
DEPARTMENT OF PUBLIC WORKS
March 2, 1998
TO: Public Works/Planning Committee
FROM: Don Wickstrom
RE: City of Federal Way/City of Kent Interlocal Agreement
Lakehaven Sewer District
The enclosed Interlocal Agreement between the City of Kent and the City of Federal
Way provides for the assumption/dissolution of Lakehaven Sewer District with
ownership and control of the District property and facilities currently within the City of
Kent to be retained by Federal Way.
MOTION: Authorization for the Mayor to sign the Interlocal Agreement upon the
City Attorneys concurrence with the language as written in the Agreement.
After recording,return to:
Londi K. Lindell
Federal Way City Attorney
33530 1st Way South
Federal Way,WA 98003
INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF BENT AND
FEDERAL WAY CONCERNING ASSUMP'ITON
AND DISSOLUTION OF LAI=AVEN UTH= DISTRICT
This Interlocal Agreement ("Agreement") is made and entered into this day of
March, 1998, by and between the City of Kent, Washington, a non-charter code municipal
corporation ("Kent") and City of Federal Way, Washington, a non-charter code municipal
corporation ("Federal Way"). Kent and Federal Way are referred to collectively as the "parties".
RECUAIS
1. Pursuant to the Growth Management Act, RCW 36.70A.110, cities are the
appropriate local government entity to provide urban services such as water and sewer service;
and
2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban
Area, as time and conditions warrant, cities should assume local urban services provided by
special purpose districts"; and
3. The area within the Lakehaven Utility is located within an "Urban Area" as
defined by the King County Comprehensive Plan; and
4. Pursuant to RCW 35.13A.030, whenever sixty percent (60%) of the area or sixty
percent (60%) of the assessed valuation of real property within a special purpose district such
as a water and sewer district is included within a city, that city may assume the ownership,
operation, and control of that portion of the district not contained within the boundaries of
another city; and
5. Pursuant to RCW 35.13A.060, a city assuming that portion of a water and sewer
district contained within another city may enter into an Interlocal agreement with that city, to
assume responsibility for operation and maintenance of the district's property, facilities and
equipment within the other city;
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 2
6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provides for interlocal cooperation and agreements between
municipal corporations; and
7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21,
1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven
Utility District ("District"), and to file said Notices with the King and Pierce County Boundary
Review Boards; and
8. Said Notices were filed with the King and Pierce County Boundary Review Boards
on November 4, 1997 and November 10, 1997, respectively.
9. As part of the assumption/dissolution of the District, Federal Way and Kent desire
that Federal Way retain ownership and control of the District property and facilities currently
within the City of Kent until such time as Kent assumes responsibility for providing sewer
services to its citizens, at which time Kent would be responsible for installing, at its expense,
a master meter or appropriate facilities to separate/regulate the two systems; and
10. Kent agrees that the assumption/dissolution is appropriate under RCW 35.13A,
RCW 36.70A, and RCW 36.93; and
11. Federal Way agrees to provide sewer service to ratepayers within Kent at a
reasonable rate, with no surcharge or tax attributable to Kent residents solely due to their
residency; and
12. Kent and Federal Way have determined that it would be in the best interests of
the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights,
duties and responsibilities with respect to Federal Way's ownership; operation and maintenance
of property, facilities and equipment owned by the District prior to dissolution and located within
the corporate boundaries of Kent;
NOW, THEREFORE, for and in consideration of the agreements contained herein, the
parties hereto agree as follows:
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 3
1 xigting District A Yreements. Federal Way shall, upon the effective date of
assumption of the Lakehaven Utility District("District"), assume all rights and responsibilities
of the District with respect to any Interlocal agreements or contracts between the City of Kent
and the District. Federal Way shall perform the terms of any such agreement or contract in the
same manner as the District would be required to perform if Federal Way had not assumed the
District.
2, Federal Way Facilities. Upon the effective date of Federal Way's assumption
and/or dissolution of the District, Federal Way shall have full legal title and ownership of all the
District facilities, and the real property associated with them, located within the Kent corporate
boundaries, including, without limitation the following:
a. 81 sewer lines, including:
2 8-inch ductile iron sewer lines, for a total length of 45.20 feet;
1 8-inch concrete sewer line, for a total length of 299.37 feet;
1 6-inch PVC sewer line, for a total length of 71.83 feet; and
77 8-inch PVC sewer lines, for a total length of 15,119.98 feet.
b. 76 sewer manholes, including:
1 48-inch drop manhole;
1 48-inch overbuilt manhole;
72 48-inch standard manholes; and
2 wetwell manholes.
3. Kent Facilities. Kent may, at some later date, and after a reasonable notice to
Federal Way, request that Federal Way transfer full legal title and ownership of the District
facilities described in Paragraph 2 above, and the real property associated with them, to Kent.
Federal Way shall transfer full legal title and ownership to Kent within a reasonable period of
time following execution of an agreement allocating responsibility for the indebtedness and
depreciated capital costs, if any, of the facilities (or improvements to them) to be transferred.
Kent will install a master meter or appropriate facilities to separatelregulate the two systems at
its expense prior to such transfer of facilities.
4. Nbin=ance/ ration and Tndebtedness. The City of Federal Way shall, upon
the effective date of Federal Way's assumption and/or dissolution of the District, be responsible
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 4
for the operation, maintenance, permitting, taxes, and contractual or bonded-indebtedness
associated with the facilities and property described in Paragraph 2 above. Federal Way's
responsibility under this paragraph shall not be deemed to affect the requirement that the parties
agree on an allocation of capital costs and indebtedness prior to transfer of ownership as set forth
in Paragraph 3 above.
5, Continued Provision of Service. Federal Way shall, upon the effective date of
Federal Way's assumption and/or dissolution of the District, provide sewer service to ratepayers
residing in Kent at a reasonable rate that is uniform for the same class of customer or service.
The rate shall be based on the cost of providing service, which shall be determined according
to, among other things, the costs of maintenance, operation and repair of the system, the costs
of any special indebtedness bonds or warrants, the location of various customers and the
difference, if any, in cost of maintenance, operation, repair, and replacement of system parts,
the different character service being furnished, capital contributions made to the system,
including but not limited to assessments, and any other matters which present a reasonable
difference as a ground for distinction. Federal Way shall not impose a surcharge upon Kent
ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way,
unless the costs of providing service as determined according to this paragraph reasonably
warrant imposition of the surcharge.
6. General Provisions.
6.1 This Agreement may be amended at any time by the mutual written consent of the
parties.
6.2 This Agreement shall take effect immediately and shall continue in effect until
terminated.
6.3. Neither party may assign this Agreement without the written consent of the other
ply-
6.4. Each party shall be responsible for the consequences of any negligent or wrongful
act or failure to act on the part of itself, its elected official, agents, volunteers and
employees. Neither party assumes responsibility to the other party for the consequences
of an act or admission of any person, firm or corporation not a party to this Agreement.
6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or unenforceability, without invalidating the
remaining provisions or affecting the validity of enforcement to such provisions.
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 5
6.6. The parties stipulate that the following persons shall be the contact person for
their respective jurisdiction.
a. City of Kent:
J. Brent McFall, or his/her successor in intent
Director of Operations
220 - 4th Avenue South
Kent, WA 98032
(253) 859-3357
Fax: (253) 813-2067
b. City of Federal Way:
Kenneth E. Nyberg, or his successor in interest
City Manager
33530 1st Way S.
Feder Way, WA 98003
(253) 661-4013
Fax: (253) 661-4024
6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of Kent
and Federal Way, and the County Recorder for the County of King.
IN WITNESS WIIREOF the parties have hereunto placed their hand and seals on the
day and year indicated.
CITY OF KENT CITY OF FEDERAL WAY
BY: BY:
Jim White Kenneth E. Nyberg
Mayor City Manager
Date:
Date:
C
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 6
Approved as to Form for Approved as to Form for
City of Kent: City of Federal Way:
Roger Lubovi I, City Attorney Londi K. Lindell, City Attorney
ATTEST: This day of ATTEST: This day of
11998. , 1998.
Brenda Jacober N. Christine Green, CMC
Kent City Clerk Federal Way City Clerk
KVakch�ve\mfulcl.frm
2-18-99
7 ' 1iZ.�:n'; �i `�^.1 �m: iilsm. P,.y. !A�,.
_AWL LAKEHAVEN UTILITY DISTRICT�Efl�n 31627-1st Avenue South • P.O.Box 4249 Washington 98063
Federal Way,
,r� Seattle: 253-941-1516 • Tacoma:253-927-2922 • Fax:253-839-9310
116TY DISTRI
_ i9^EC; 0y1 [ IIL
March 2, 1998
City Councilmembers
City of Kent
220 Fourth Avenue South
Kent, WA 98032
RE: City of Federal Way proposed Interlocai Agreement
1-lonorable Counciimembers:
The District has just learned that the Public Works Committee of the City Council will be
discussing a proposed interiocal agreement with the City of Federal Way at their meeting
on Monday, March 2, 1998. The interiocal agreement addresses the proposed assumption
of the Lakehaven Utility District by the City of Federal Way. Prior to a making a final
decision on the agreement, we respectfully request an opportunity to present the Council
with information that responds to the claims made against the District.
We. appreciate your consideration of our request. Please contact me directly at (253) 946-
5405 if you have any questions or would like to schedule a meeting.
Sincerely,
J7wee
Don Perry
General Manager
C: Board of Commissioners
Donald C.P.Miller Mark Miloscia Beverly 1.Tweddle
Tom lovanovich Dick Mayer Commissioner
Commissioner commis5ioncr ConIImSsLoner Cumttu55tomer
Kent City Council Meeting
Date March 17 , 1998
Category Consent Calendar
1. SUBJECT: GARRISON CREEK PARK ART PROJECT - ACCEPT PROPOSAL
2 . SUMMARY STATEMENT: As recommended by the Parks Committee,
acceptance of art proposal and authorization to contract with
Artist Elizabeth Conner in the amount of $26, 000 for the
Garrison Creek Park project.
Ms. Conner was contracted to design the artwork and chose to
integrate various elements relating to water reservoirs, since
the park is built on a water reservoir. The project budget is
$26, 000 and is a part of the 1998 Art Plan.
3 . EXHIBITS: Written summary, budget and description drawings
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REOUIRED: $26 , 000
SOURCE OF FUNDS: Arts commission Budget
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3G
Garrison Creek Park - Integrated Artwork
Objectives for integrated art and site design:
- Clean up"' "lighten up"park, making it comfortable for all users
- open up all areas of the park, connecting back of site to front entry
- Reveal and interpret the presence of the reservoir in subtle,whimsical ways, appealing to all
senses
Maior elements:
The "stuff" of the reservoir, used to lead visitors through the site and help reveal the
function and poetry of the hidden reservoir.
Recycled pipes, valves, etc• will mark various spaces, views and paths. Both
whimsical and practical, they will provide a strong directional element to lead visitors
through the space.
As-built drawings of the reservoir are beautiful and fascinating and will be reproduced
on restroom walls and in concrete walks and seatwall. They may read as mysterious
artifacts, and will also be supplemented by text for the curious visitor.
Valve and/or float mechanisms that indicate, above-ground, changes in water level
and flow that are associated with the reservoir.
Text on vertical pipe elements and within sandblasted images, interpreting the site
through storytelling and evocative descriptions. Text can also help orient people to the
site's location and its importance within the water system, showing connections between
users and water sources, water-related processes, etc.
Chalnllnk, which is ubiquitous and functional on this site, transformed into a non-functional,
aesthetic design element, creating whimsical structures and drawings in space.
Soften and animate the overall space by juxtaposing other shapes with the strong,
overwhelming rectangle of the reservoir/sports courts.
Create gateways and directional elements to lead visitors into and through the site.
Suggest a "reverse watershed",with shapes evolving from the more 'built' at park
entry, to more `natural' and curvilinear shapes overlooking the creek.
Buffer recreational spaces and neighboring residents with attractive elements that
interact gracefully the natural landscape.
ENzabeth Conner, in collaboration with Bruce Dees and Associates, Landscape Architects 2/23/98
BUDGEtl) : Garrison Creek- Integrated Artwork
Art Budget Project Budget
Contribution
A. Labor and Materials:
Sandblasted images/text in concrete walltwalk $ 5,000.00
Gauge for reservoir water level 1,000.00
4' chainlink fabric and posts (overlook) 500.00 2,400.00
All other(artwork-related) chainlink and posts 4,000.00
Purchase of additional used pipe elements(3) 500.00
Alteration/painting/fabrication (used pipe elements) 2,000.00
Installation (includes footings) of used pipe elements 500.00
Restroom repaint/mural 2,000.00
Entry Gate
1,000.00 3,000.00
Entry Sign 500.00 1,000.00
SUBTOTAL A : $ 17,000.00
B. Fees and other expensee :
Artist's fee $6,500.00
(includes input into construction and bid
documents, fabrication and fabrication
oversight, project administration, travel)
Phone, fax, printing, supplies, etc. 290.00
Insurance 250.00
Engineering review 500.00
SUBTOTAL B: $ 7,540.00
TOTAL A and B 24,540.00
Washington State sales tax (8.6% on $17,000.00) 1,462.00
ARTWORK BUDGET TOTAL: $ 26,000.00
NOTES:
1) This budget is preliminary and will be revised with next landscape architect's cost estimate
2) 'Labor"includes fabrication and installation, except where indicated
3) Where possible, donations wig be solicited for used pipe material;purchases may be necessary
4) Fees and other expenses = 29%of art budget
Elizabeth Conner-23 February, 1998
3
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sing reservoir
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Kent City Council Meeting
Date March 17 , 1998
Category Consent Calendar
1. SUBJECT: FORNER HOUSE - APPROVAL TO SURPLUS
2 . SUMMARY STATEMENT: As recommended by the Parks Committee,
approval to surplus and to sell the Forner home and buildings
to the public or to donate them to a local human service
organization at their own expense and if no bids are received
and no interest generated from such organization, authorization
to demolish the house and buildings.
The CitYh recently purchased 30 acres of land located at 144t°
and 288 in Kent with the intention of creating athletic
fields. Located on the property are surplus buildings,
including a house, barns and outbuildings.
3 . EXHIBITS• None
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3H
Kent City Council Meeting
Date March 17 , 1998
Category Consent Calendar
1. SUBJECT: CITY COUNCIL SECRETARY POSITION - CREATION & BUDGET
AMENDMENT
2 . SUMMARY STATEMENT: Approval of the creation of a City
Council Secretary position and budget amendment. The Council
Operations Committee has recommended the creation of the
position to provide administrative support to the Council. The
recommendation includes a 1998 Budget amendment to the Council
budget in the amount of $34 ,938 for salary, benefits,
equipment, and training.
3 . EXHIBITS: Memo from Brent McFall, budget sheet, and position
description
4 . RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $34 , 938
SOURCE OF FUNDS: General Fund
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3I
CITY OF
i
Jim White, Mayor
(253) 859 3357
J. Brent McFall Facsimile: (253) 813-2067
Director of Operations
March 5, 1998
MEMORANDUM
TO: OPERATIONS COMMITTEE
FROM: BRENT McF ALL 4 /
SUBJECT: COUNCIL SECRETARY BUDGET CHANGE
Council has asked that a budget amendment be prepared for consideration which would create the
position of City Council Secretary to provide administrative support to Council. A position
description has been prepared which is attached as well as a budget adjustment for 1998.
The City Council Secretary will work under the direction of the Council President receiving daily
work directions from the Executive Assistant. At range NR 20, the salary and benefit cost for seven
months will be $27,588. Annual salary and benefit costs would be $42,621. Added to the seven
month cost for 1998 would be one time expenses for furniture and equipment totaling $6,600 and
ongoing training expenses of$750. The total budget adjustment for 1998 for seven months will be
$34,938.
RECOMMENDATION
Council create the position of City Council Secretary at range NR Z0, and amend the 1998 budget
by $34,938..
PROPOSED MOTION
I move that the Operations Committee recommend to City Council the creation of the position of
City Council Secretary at range NR 20, and that the 1998 Citv Council budget by amended in the
amount of S34.938 to pav the salary, benefits, furniture, equipment and training expense for this
position.
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Position Description: City Council Secretary Page 4 of 5
Establish and maintain cooperative and effective working relationships with
others.
Maintain a variety of complex filing systems and records.
Operate modern office machines and equipment listed below.
Work independently with little direction.
Plan and organize work.
Meet schedules and time lines.
Complete work with many interruptions.
Work flexible work schedules including evenings, weekends and varying
schedules as required by the position's work flow.
Maintain confidentiality.
Communicate effectively both orally and in writing.
Read, comprehend, and explain rules, regulations, policies and procedures.
Apply common sense understanding to carry out instructions furnished in written,
oral, or diagram form.
Analyze situations accurately and adopt an effective course of action; deal with
practical problems.
Add, subtract, multiply and divide quickly and accurately.
EDUCATION AND EXPERIENCE.-
High school diploma, or equivalent, supplemented by some college level course
work or training in business, administrative support, office management,
secretarial training or a related field and three (3) years of increasingly
responsible secretarial experience including at least one (1) years of secretarial
support of a commission, council, or special group with some public contact; or
any combination of relevant education and experience which would demonstrate
the individual's knowledge, skill and ability to perform the essential duties listed
above.
LICENSES AND OTHER REQUIREMENTS:
Valid Washington State Driver's license.
MACHINES, TOOLS AND EQUIPMENT USED:
Typical business office machinery and equipment including, but not limited to, personal
computer including spreadsheet and word processing software, printers, telephone, fax
machine, copy machine, calculator, projector and typewriter.
(P UOBDESCRINONREPV+DMSECRI.VAC)
Position Description: City Council Secretary Page 3 of 5
Order, receive, store and distribute office supplies and forms; develop office
forms and procedures as needed.
Plan and coordinate office operations; prepare and forward payroll records and
personnel related forms and documents
PERIPHERAL DUTIES:
Perform related duties as assigned.
KNOWLEDGE, SKILLS AND ABILITIES:
KNOWLEDGE OF:
Applicable local, state and federal laws, codes, regulations and ordinances.
Organizational structure, policies, procedures, functions and activities of
municipal government.
Modern office practices, procedures and equipment including personal
computers and related software such as word processing and spreadsheet
applications.
Interpersonal skills using tact, patience and courtesy.
Oral and written communication skills.
Correct English usage, grammar, spelling, punctuation and vocabulary.
Basic accounting and record-keeping techniques.
Telephone etiquette and techniques to properly assist a diverse assortment of
inquiries.
Basic letter composition.
SKILLED IN:
Proper use of telephone etiquette and techniques to properly assist a diverse
assortment of inquiries and persons.
Effective use of interpersonal skills including tact, patience and courtesy.
ABILITY TO:
Provide complex administrative and secretarial support to the City Council.
Understand and work within scope of authority.
Respond to the public with courtesy and tact.
Compose, proofread and edit letters and correspondence independently from
oral instructions, letters, memos, bulletins or other material.
Maintain calendars and make travel arrangements as directed.
Compile and organize complex material and summarize in report-form.
(P'WOBDESCRW ONREP\ADMSECRI.VAC)
Position Description: City Council Secretary Page 2 of 5
detail.
Serve as liaison between Council and City administration, citizens and agencies;
greet visitors to the City Council's office; answer telephones; respond to routine
citizens inquiries or complaints; provide information or services to callers and
visitors including citizens, city employees and various outside agencies; take
messages or refer callers and visitors to appropriate personnel or departments;
and monitor follow-up actions.
Compose correspondence independently on a variety of matters from shorthand
notes, rough drafts, transcription machine tapes or verbal instructions including
materials of a confidential nature; reference City policies and procedures in the
preparation of correspondence; proofread; and edit as needed.
Provide information to City Council members, other City departments, outside
agencies and the public; interpret and explain City laws and guidelines, policies,
programs, rules, requirements and procedures.
Monitor agenda items referred into and out of City Council committees;
coordinate committee referrals with appropriate departments; schedule items for
meeting; notify interested and affected parties; prepare and distribute all City
Council Committee meeting notices and agendas; attend meetings and
conferences to record proceedings or receive information; prepare and distribute
comprehensive minutes as assigned.
Maintain and update the Council calendar and individual Council members'
calendars; schedule meetings and appointments, presentations/appearances,
tours, conferences, etc.; notify Council members of meetings and events.
Arrange travel itinerary, reservations, credit card use, and reimbursement of
business expenses.
Assist in the preparation of the Council budget for approval; monitor and control
expenditures and budgets; prepare and process requisitions and purchase
orders, bills, expenses and other forms and documents.
Open, sort, route and distribute incoming and outgoing mail.
Maintain a variety of confidential information, complex files and records.
(P:UOBDESCR\NONREPVADMSECRi.VAC)
CITY OF KENT
POSITION DESCRIPTION
Position Inventory Number:
Classification Specification: ADMINISTRATIVE SECRETARY 1
Salary Range: NR 20
Position Description: CITY COUNCIL SECRETARY
Incumbent: (Vacant)
Location:
GENERAL PURPOSE:
Under the direction of the Council President and city council members, provide
responsible administrative and secretarial support to the council and serve as liaison
between city administration and council members.
Work is characterized by complex and specialized secretarial duties in support of the
Council President and City council members. Duties include, but are not limited to,
answering the telephone, greeting visitors, providing information and assistance to
others, composing, proofreading and editing correspondence, preparing meeting
notices, agendas and minutes, maintaining calendars, arranging travel itinerary,
receiving, sorting and distributing mail, posting records, processing forms, filing, etc.
Work is performed under minimal direct supervision after procedures are learned. Daily
work directions is received from the Executive Assistant. Work is performed in
accordance with clearly defined guidelines, procedures and schedules. Incumbent
frequently comes into contact with elected officials, City management, employees, and
the general public. Because of the nature of work, the incumbent may be required to
deal with difficult and/or irate individuals requiring the use of conflict management skills.
Incumbent is required to maintain professional composure and demonstrate tact,
patience and courtesy at all times.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
Oversee and administer day-to-day activities and functions of the City Council's
office; coordinate communications; relieve the council members of administrative
(P.\JOBDESCR\NONREP\ADMSECRI.VAC)
Position Description: City Council Secretary Page 5 of 5
PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by
an employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the
essential functions.
While performing the duties of this job, the employee is regularly required to sit; use
hands to finger, handle, or feel; talk; and hear. The employee frequently is required to
type on keyboard for extended periods of time; reach with hands and arms. The
employee is occasionally required to stand; walk; climb or balance; and stoop, kneel,
crouch, or crawl. The employee must occasionally lift and/or move up to 35 pounds.
Specific vision abilities required by this job include close, distance, color, and peripheral
vision; depth perception; and the ability to adjust focus.
WORKING CONDITIONS:
Work is performed in an indoor office environment, subject to multiple interruptions by
walk-in citizens, employees, telephone calls, and interoffice activities. While performing
the duties of this job, the employee may be exposed to individuals who are irate or
hostile requiring conflict management skills. Incumbent may be required to work
flexible work schedules including evenings, weekends, and varying schedules
depending on the workflow of the position. Incumbent may be required to travel to
different sites. The noise level in the work environment is usually moderate.
SIGNATURES:
Incumbent's Signature Date Supervisor's Signature Date
Approval:
Department Director/Designee Date Human Resources Director Date
" Note: This document will be reviewed and updated annually at the time of the
employee's performance appraisal; when this position becomes vacant;
or, if the duties of this position are changed significantly.
Revised 2127198
(P:UOBDESCRINONREPVAOMSECRI.VAC)
Kent City Council Meeting
Date March 17 , 1998
Category Consent Calendar
1. SUBJECT: CORRECTIONS CONTRACT WITH CITY OF PACIFIC -
AUTHORIZATION
2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the
contract for Jail Services with the City of Pacific. The
proposed contract is the standard outside agency contract.
3 . EXHIBITS: Contract
4 . RECOMMENDED BY:Staff & Public Safety/Operations Comm 3/10/98
(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
KENT POLICE DEPARTMENT
MEMORANDUM
TO: COMBINED PUBLIC SAFETY COMMITTEE & OPERATIONS COMMITTEE
Connie Epperlv, Public Safety Chair Sandy Amodt, Operations Chair
Sandy Amodt Tom Brotherton
Tim Clark
FROM: Ed Crawford, Chief of Police
DATE: March 4, 1998
RE: Proposed Contract for Jail Services with the City of Pacific
Attached you will find a copy of a proposed contract forjail services with the City of Pacific. This
is a standard outside agency contract.
ACTION REQUESTED: Approval of the contract for jail services with the City of Pacific, and
authorization to place contract on the next City Council Consent Calendar.
Thank you.
EC:klr
CONTRACT FOR JAIL SERVICES
In accordance with the Interlocal Cooperation Act (RCW
Chapter 39 . 34) and the City and County Jails Act (RCW Chapter
70 . 48 , as amended) , the City of Kent , Washington, a municipal
corporation, hereinafter referred to as "City of Kent" , and
the City of Pacific, a municipal corporation of the State of
Washington, hereinafter referred to as "Purchaser" , hereby agree
to enter into this service contract as follows :
I . DEFINITIONS
Unless the context clearly shows another usage is intended,
the following terms shall have these meanings in this contract .
A. "Kent Corrections Facility" means a place, owned and
operated by the City of Kent primarily designed, staffed, and
used for the housing of adults charged with a criminal offense;
for the punishment and correction of offenders after conviction
of a criminal offense; or for confinement and/or holding during a
criminal investigation of a civil detention to enforce a court
order . As of the date of the execution of this agreement,
"Facility" includes the City of Kent Corrections Facility, at
1230 Central Avenue South, Kent , Washington, operated by the City
of Kent pursuant to this contract .
B. "Prisoner" means a person held when a charge of
Purchaser municipal corporation is the principal basis for
confining that person (e . g . , the person is confined by reason of
an ordinance violation- -pre-trial or post -trial ) . It includes,
but is not limited to, (a) a prisoner arrested by and booked on
behalf of a police officer of Purchaser by reason of an "open
charge" or investigation of a felony; or a prisoner detained for
Purchaser after a City of Kent "hold" has been released; (b) it
includes an individual arrested by a police officer of Purchaser
and booked and housed in the Kent Corrections Facility.
C. "Work release" means a program of partial confinement
available to offenders who are employed or engaged as a student
in a regular course of study at school . Participation in work
release shall be conditioned upon the cffender attending work or
school at regularly defined hours and abiding by the rules of the
work release faci�ity. As defined by the Sentencing Reform Act
of 1981 (RCW Chapter 9 . 94A, as amended) .
D . "Home detention" means a prcgram of partial confinement
available to offenders wherein the offender is confined in a
private residence subject to electronic surveillance . As defined
by the Sentencing Reform Act of 1981 (RCW Chapter 9 . 94A, as
amended) .
II . JAIL AND HEALTH SERVICES
City of Kent shale accept for confinement and/or holding in
the Facility those persons who are prisoners as defined in
Article I and shall furnish Purchaser with the Facility, booking,
and custodial services , and personnel for the confinement of
Page 1 of 4
Purchaser' s prisoners at least equal to those provided by the
City of Kent for confinement of its own prisoners . The services
provided herein shall include basic medical care, as defined by
Washington State Custodial Care Standards (W.A. C. #289-20) except
hospitalization, prescriptions, surgical and dental care which
Purchaser agrees to bear. The City of Kent shall furnish to the
Purchaser all Facility medical and health care services required
to be provided pursuant to Federal or State law and regulations
promulgated thereto.
III . COMPENSATION
. Purchaser will pay the City of Kent a maintenance charge as
follows :
A. City of Kent hereby authorizes the use to Purchaser for
the confinement and/or holding of persons booked and held by the
Kent Corrections Facility (KCF) , subject to available space and
facilities as may be determined solely by City of Kent . It is
acknowledged and agreed that access to KCF is on a nonexclusive
space available basis and further that the City of Kent is
contracting with and retains the right to contract with other
cities for similar access to KCF during the term of this
contract .
B . Purchaser agrees to pay to City of Kent the sum of
Fifty-eight Dollars ($58) per day per Prisoner per 24-hour period
calculated from initial booking time, (or any portion of a 24-
hour period) . If any of Purchaser' s inmates are being held for
other jurisdictions , then the cost to house them will be shared
equally.
C. Purchaser agrees to pay to City of Kent the sum of
Seventeen Dollars ($17) per day for Electronic Home Detention and
Twenty-two Dollars ($22) per day for Work Release if Prisoner is
unable to pay. In addition, Purchaser agrees to pay to City of
Kent the sum of Twenty-five Dollars ($25 ) for the application fee
if Prisoner is unable to pay.
D. Payment of these costs will be made promptly and to the
City of Kent within 30 days after the monthly statement is
received.
E. Each party may examine the other' s books and records to
verify charges . If an examination reveals an improper charge,
the amount shall be applied to future billings until the credit
has been exhausted. Any unused credit wnicn exists at the time
of termination of this contract shall be refunded within 20 days
of the date of termination .
IV. TERM
This contract shall take effect and shall
supersede and terminate any other Facility use agreement or
contract existing between City of Kent and Purchaser . This
contract shall be in effect through 1997 and then automatically
renew from year to year unless otherwise modified or terminated
as provided herein . This contract may be terminated by either
Page 2 of 4
party upon 60 days written notice from the party desiring
termination.
V. MODIFICATION
This contract shall be modified only upon mutual consent of
the parties, in writing, signed by both parties .
VI . INDEMNIFICATION LITIGATION
A. Purchaser agrees to defend, indemnify and hold harmless
City of Kent, its officers, agents, and employees, or any of them
from any and all claims, actions , suits, liability, loss, cost,
expenses, and damages of any nature whatsoever by reason of or
arising out of any act or omission of Purchaser, its officers,
agents, and employees, or any of them in arresting, detaining,
charging or transporting persons .
In the event that any suit based upon such a claim,
action, loss, or damage is brought against the City of Kent,
Purchaser shall defend the same at its sole cost and expense;
provided that City of Kent retains the right to participate in
said suit if any principle of governmental or public law is
involved; and if final judgment be rendered against City of Kent,
and its officers , agents , and employees , or any of them, or
jointly against City of Kent and Purchaser and their respective
officers, agents, and employees , or any of them, Purchaser shall
satisfy the same .
B. The City of Kent shall defend, indemnify and hold
harmless Purchaser and its officers, agents , and employees , or
any of them from any and all claims , actions, suits , liability,
loss, cost , expenses , and damages of any nature whatsoever by
reason of or arising out of any act or omission of City of Kent,
its officers , agents, and employees, or any of them in confining
persons who have been presented to and accepted by the Facility
by Purchaser, its officers , agents , and employees while said
persons are in the Facility or in the custody of City of Kent
outside the Facility except to the extent said claim, action,
loss or damage is the result of the negligence of Purchaser. In
the event that any suit based upon such a claim, action, loss, or
damage is brought against Purchaser, City of Kent shall defend
the same at its sole cost and expense orovided that Purchaser
retains the right to participate in said suit if any principle
governmental or public law is involved, and if final judgment be
rendered against Purchaser, its officers , agents , and employees ,
or any of them, or jointly against Purchaser and City of Kent and
their respective officers , acents , and employees , or any of them,
City of Kent shall satisfy the same .
VII . NON-DISCRIMINATION/EQUALITY OF EMPLOYMENT OPPORTUNITY
City of Kent will provide equal employment opportunity in
administering this contract , in implementing this contract , and
in administering the Facility, and prohibit discriminatory
treatment .
Page 3 of 4
VIII . WAIVER
No waiver of any right under this contract shall be
effective unless made in writing by the authorized representative
of the party to be bound thereby. Failure to insist upon full
performance on any one or several occasions does not constitute
consent to or waiver of any later nonperformance, nor does
payment of a billing or continued performance after notice of a
deficiency in performance constitute an acquiescence thereto.
IX. INSURANCE
Purchaser and City of Kent shall each obtain and maintain
general liability insurance with limits of one million dollars
($1, 000, 000) per occurrence, two million dollars ($2 , 000 , 000)
aggregate . This general liability insurance shall provide
protection against the general liability, police professional
liability, and error and omission of each entity. Each entity to
the contract shall provide certificates of insurance
demonstrating coverage by the required insurance . Purchaser
shall name City of Kent as an additional named insured on its
liability policy (in regard to arrest, detention, charging or
transporting of prisoners) , and a copy of the additional insured
endorsement shall be attached to the certificate . City of Kent
reserves the right to request a certified copy of the policy that
evidences the above coverages .
X. SEVERABILITY
If any provisions of this contract shall be held invalid,
the remainder of this contract shall not be affected thereby if
such remainder would then continue to serve the purposes and
objectives of both parties .
XI . ENTIRE CONTRACT
This contract consists of four pages . This contract
represents the entire understanding of the parties . It
supersedes any oral representations that are inconsistent with or
modify its terms and conditions .
IN WITNESS WHEREOF, the parties have caused this agreement
to be executed on the day written below .
CITY OF PACIFIC CITY OF KENT
By: BY:
Debra Jorgensen Date Jim White Date
Mayor Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM :
By: BY :
Rod Kasaguma Date Roger Lubovich Date
City Attorney City Attorney
Page 4 of 4
Kent City Council Meeting
Date March 17 , 1998
Category Consent Calendar
1. SUBJECT: BICYCLE ADVISORY BOARD APPOINTMENT - CONFIRMATION
2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointment
of Keith Baker to serve as a member of the Kent Bicycle
Advisory Board. Mr. Baker is a Kent resident and is currently
studying financial accounting through Indiana University
extended study program. He studied electronic technology at
Green River Community College and C Programming with the
University of Phoenix. He has indicated an interest in the
Bicycle Advisory Board and feels he can make a contribution to
the community as a member.
Mr. Baker will replace Scott Manthey whose term expired. His
new term will continue until 12/31/1999 .
2 . EXHIBITS: Memo from Mayor
2 . RECOMMENDED BY: Council President Leona Orr
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
2 . EXPENDITURE REQUIRED: $ --
SOURCE OF FUNDS:
2 . City COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3K
MEMORANDUM
TO: LEONA ORR, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
�n
FROM: MAYOR JIM WHITE
DATE: MARCH 10, 1998
SUBJECT: APPOINTMENT TO KENT BICYCLE ADVISORY BOARD
I have appointed Keith Baker to serve as a member of the Kent Bicycle Advisory board. Mr. Baker
is a Kent resident and is currently studying financial accounting through Indiana University extended
study program. He studied electronic technology at Green River Community College and C
Programming with the University of Phoenix. He has indicated an interest in the Bicycle Advisory
Board and feels he can make a contribution to the community as a member.
Mr. Baker will replace Scott Manthev whose term expired. His new term will continue until
12/31/1999.
I submit this for your confirmation.
JW:jb
l'
Kent City Council Meeting
Date March 17 . 1998
Category Consent Calendar
1. SUBJECT: DRINKING DRIVER TASK FORCE APPOINTMENT -
CONFIRMATION
2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointment
of Kevin Ruoff to serve as a member of the Kent Drinking Driver
Task Force. Mr. Ruoff is a long-time Kent resident and is
employed as the Regional Loss Prevention Supervisor for Fred
Meyer where he has 22 years of retail experience. He has a AA
degree in law enforcement. He serves as vice-president of the
Midway Community Improvement Association and is a member of
Kent Kiwanis.
Mr. Ruoff will replace Ford Kiene and his term will continue
until 1/1/2000.
3 . EXHIBITS: Memorandum from Mayor
4 . RECOMMENDED BY: Council President Leona Orr
(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
MEMORANDUM
TO: LEONA ORR, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: MAYOR JIM WHITE
DATE: MARCH 10, 1998
SUBJECT: APPOINTMENT TO KENT DRINKING DRIVER TASK FORCE
I have appointed Kevin Ruoff to serve as a member of the Kent Drinking Driver Task Force. Mr.
Ruoff is a long-time Kent resident and is employed as the Regional Loss prevention Supervisor for
Fred Meyer where he has 22 years of retail experience. He has a AA degree in law enforcement and
has been involved in and around law enforcement since 1976. He serves as vice-president of the
Midway Community Improvement Association and is a member of Kent Kiwanis.
Mr. Ruoff will replace Ford Kiene and his term will continue until 1/1/2000.
I submit this for your confirmation.
JW;jb
Kent City Council Meeting
Date March 17 , 1998
Category Consent Calendar
1. SUBJECT: KENT LIBRARY BOARD APPOINTMENT - CONFIRMATION
2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment
of Grace Edwards to serve as a member of the Kent Library
Board. Ms. Edwards is a Kent resident and has been active in
Friends of the Library. She participates in Book Discussion
Groups at the Kent Library and the Kent Senior Center. In her
spare time, she enjoys the challenge of the New York Times
crossword puzzles.
Ms. Edwards will replace Brian Smith, whose term expired. Her
new term will continue until 1/1/2003 .
3 . EXHIBITS: Memorandum from Mayor
4 . RECOMMENDED BY: Council President Leona Orr
(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
MEMORANDUM
TO: LEONA ORR, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: MAYOR JIM WHITE
DATE: MARCH 10, 1998
SUBJECT: APPOINTMENT TO KENT LIBRARY BOARD
I have appointed Grace Edwards to serve as a member of the Kent Library Board. Ms. Edwards is
a Kent resident and has been active in Friends of the Library. She participates in Book Discussion
Groups at the Kent Library and the Kent Senior Center. In her spare time, she enjoys the challenge
of the New York Times crossword puzzles.
Ms. Edwards will replace Brian Smith, whose term expired. Her new term will continue until
lll/2003_
I submit this for your confirmation.
JW:jb
%1 ,l
f �A
Kent City Council Meeting
Date March 17 . 1998
Category Consent Calendar
1. SUBJECT: BENSON HIGHLANDS FINAL PLAT JFSU-95-10 - SET
MEETING DATE
2 . SUMMARY STATEMENT: Set April 7 , 1998, as the date for a
public meeting to consider a final plat application by R.K.L.
Construction for Benson Highlands final plat. The subject
subdivision is located at 11208 SE 244t`' Street. The City
Council approved the Benson Highlands preliminary plat on
April 2 , 1996 .
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. 3N
Kent City Council Meeting
Date March 17 , 1998
Category Other Business
1. SUBJECT: S. 188T" STREET VACATION
2 . SUMMARY STATEMENT: Pursuant to Resolution No. 1502 , a
public hearing on this item was held on January 20, 1998, and
was continued at the request of the applicant. The public
hearing considered the application to vacate a portion of the
S. 188` Street right-of-way located between 80`° Place S. and
80`h Avenue S. , adjacent to the subject property.
3 . EXHIBITS: Staff memo, map and approved conditions of the final
plat, and minutes of January 20 , 1998 .
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 , Councilmehber seconds
to approve/disapprove/modify the Planning Director ' s recom-
mendation with condition on the application to vacate a portion
of S. 1881` Street right of way located between 80`h Place S. and
80"' Avenue S. which lies adjacent to the subject property, and
to direct the City Attorney to prepare the necessary ordinance
upon compliance with the conditions of approval.
tiaJ1JG
DISCUSSION:
ACTION: —
Council Agenda
Item No. 4A
CITY OF
Jim White, Mayor
Planning Department (253)859-3390/FAX(253) 850-2544
James P. Harris, Planning Director
January 20, 1998
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO
VACATE A PORTION OF SOUTH 188TH STREET (STV 97-3)
RECOMMENDATION: APPROVAL WITH CONDITIONS
I. Name of Applicant
Pacific Northwest Group A c/o Trammell Crow Company
1687 114th Avenue S.E., Suite 250
Bellevue, WA 98009
(425) 451-8600
II. Reason for Requesting Vacation
The applicant states, "A portion of the south 188th Street right-of-wav located between 80th
Place South and 80th Avenue South lies adjacent to the subject propem,. The existing right-
of-way width is 30' -condition 713 of the MDNS (Mitigated Declaration of Nonsignificance)
issued on December 10, 1992, for the proposed development states that in lieu of providing
a right-of-way dedication, that portion of South 188th Street may be vacated subject to
approval by the City. Since access to the site is available from both 80th Place South and
80th Avenue South, the developer is requesting to vacate this portion of South 188th Street
to obtain the additional propem'."
III. Staff R:!QQmmendation
After reviewing comments from the following departments and agencies:
Public Works Department
The Public Works Department states that, Lender City Code, the
classification of S. 188th Street right-of-wav is Class B which requires
compensation therefore as a condition of any street vacation thereof Further,
"0-Ith %VENLE SOLTH ! KENT_W ASHP GTON.1wi}' TELEPHONE -5=t
STV-97-3
January 12, 1998
Page 2
the Springbrook Creek culvert crossing of S. 188th Street is inadequate to pass
the 100 year storm event and is a major constriction on the flow of the creek.
Upon finalization of this proposed vacation, said culvert, including its
maintenance and operation, would be the responsibility of the abutting
property owners..."
Police Department
Parks Department
Puget Sound Energy
U.S. West
and conducting our own review, the Planning Department recommends that the request to
vacate a portion of South 188th Street as mentioned in Resolution 1502 and shown on the
accompanying map, be APPROVED with the following conditions:
l. The City shall be compensated for the value of the right-of-way in accordance with
State law and that monies received therefore shall be deposited in the City's School
Pedestrian Walkways Fund (R36).
2. Either the City shall retain easements for utility purposes over, upon and under said
vacated right-of-way, or the abutting property owners grant to the City easements for
utility purposes over, upon and under said vacated right-of-way.
3. The abutting property owners shall grant an easement or authorize the City to grant
an easement to any private utility company, such as Puget Sound Energy,U.S. West,
Cable TV and etc., that has existing facility within the right-of-way being vacated.
4. The applicant shall reconstruct the intersections of 80th Avenue South/South 188th
Street and 80th Place South/South 188th Street to eliminate access onto of off 80th
Avenue South and 80th Place South. Said reconstruction shall be in accordance with
City Standards or as approved by the Public Works Director. Said reconstruction
shall occur prior to or in conjunction with the issuance of any development permit
on any abutting property of this vacated right-of-way.
5. The applicant shall either remove the existing Springbrook Creek culvert crossing of
South 188th Street and re-slope the stream banks as approved by the Public Works
Director, or reconstruct said culvert crossing to the size necessary to pass the 100-
year- 24 hour storm event. Said removal or reconstruction shall occur to or in
conjunction with the issuance of any development permit on any abutting property
of said vacated right-of-way.
JPMmw A:ISTV97.3
cc: Fred Satterstrom, Planning Manager
.. y W■r Al ■ Lao
PROPOSED o rREET VACATION •
STV 97-3
Bg
S. 188TH STREET
■
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............. -----------------------------
---------------------- ------------------
SOUTH 188TH STREET
AREA PROPOSED TO BE VACATED
2530
............. 00 C3
...........
....................
.............
.............
RESOLUTION NO. SOd-
A RESOLUTION of the City of Kent, Washington, regarding
the vacation of a dedicated, open portion of South 188th Street
located between 80th Place south and 80th Avenue South, and setting
the public hearing on the proposed street vacation for January 20,
1918.
WHEREAS, a petition, attached as Exhibit A, has been filed by various property
owners to vacate a dedicated, unopened portion of South 188th Street located between 80th Place
south and 80th Avenue South in the City of Kent, King County. Washington; and
WHEREAS, these property owners own at least two-thirds of the property abutting that
portion of South 188th Street that is now being sought to be vacated; and
WHEREAS, the petition is in all respects proper. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KEN 1. WASHINGTON DOES HEREBY
RESOLVE AS FOLLOWS:
ecti n 1. A public hearing on the street vacation petition requesting the vacation
of a portion of South 188th Street shall be held at a regular meeting of the Kent City Council at 7:00
p.m., Tuesday, January 20, 19118, in the Council Chambers of City Hall located at 220 4th Avenue
South, Kent, Washington, 98032.
ecti n 2. The City Cleric shall give proper notice of the hearing,and cause the notice
to be posted as provided by state law, Chapter 35.79 RCW.
1
r�IYW R�r x xxx b.11xx, .. �.xu u FIOIi. n rx04♦i nxxY M IW,x �I i ItlxY ♦WAN 3
PROPOSED rREET VACATION
STV 97-3 r:
S. 188TH STREET
1.
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75
------------------------------
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SOUTH 188TH STREET
. AREA PROPOSED TO BE VACATED
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Section-;. The Planning director shall obtain the necessary approval or rejection or
other information from the Public Works Department and other appropriate departments and shall
transmit information to the Council so that the Council may consider the matter at its regularly
scheduled meeting on January 20, 1983.
Passed at a regular meeting of the City Council of the City of Kent, Washington this
day of 1997.
Concurred in by the Mayor of the City of Kent, this _,I_day of ,
1997.
]I TE, MAYOR
ATTEST:
4BRENDA JACOBE TY CLERK
APPROVED AS TO FORM:
4RER A. LUBOVICH, CIT
I hereby certify that this is a true and correct copy of Resolution No. SD oL
passed by the City Council ofthe City of Kent, Washington. the -day of
1997.
EAL)
P:\ AVRESOLUTIISIVACXI.RES BRENDA JACO R, ITY CLERK
2
' mAIL'Tn:
AppL.=NT: �4�If i7?/ N`�r ��✓�
Gerald B. McCaughan }ltm:: fo Trammell Crow Company '
CITY Of XBNT Address: 14th Avenue SE Suite 250
220 so. 4th Ave.
Kent, HA 98032 Bellevue WA 98009
Phone: — (425) 453-8600
STREET A110/OR P.L LET YhCATION APPLICATION ACID PETITION
Dear Hayor and Kant City Council:
He, the undersigned abuttinq'properZe ObMrs. hereby rmspectfully request that
certain S. 188th hereby be vacated• ' (General Location)
.Street R-O:W- Legal Oescr 'ption
See ,accached Legal description J U
• l.1 1
' . 4
CITY OF KENT
Clrf CLRK
g IE: STLTeoerr w'tiY V=TIOH IS BEING SD11GHT
WAy CATED BETWEEN 80TH -PLACE SOUTE
A PORTION OF SHE SOUTH 188TH STREET TQ aT OFU'EJECTOPRO PROPERTY, MM EXISTING RIGHY OF WAY
AND BOTH AVENUE' SOUTH LIESsAD+IX
1992 FOR THE PROPOSED
WIDTR IS 30` - CONDITION'#I3LOIFF THE HDD SSZSSMM BZCHTCOWAYIDEDICATION, THAT PORTION
DEVELOPE=NT STALES IHAT IN SINCE ACCESS
OF salrtx 188TH STREET MAY BE VACATED SUBJECT TO '.dPPlcovi►L BY:TSE CITY
S PORTION OF SOUTH. 188TH STREi;L 2D OBTAIN SHE ADDITIONAL
TO THE SITE IS A�1AZI�BI.r�O,, BOTH 80TH PTLCE• SOUTH AND 80TH AVENUE SOITEH. TSE DE9EL0
IS REQUESTING TO VACATE _>
MPERTY-
Su-ficiant Proof, copy of deed enstmct etc. SUPpar�,ge by King County
Tax Roils shall be suboir.Ed for.verification or signatures_ Q t
Clew a -aRREMT' title repart shall be rrqui A. Of -Corindivi u rays
Partnerships etc- =2 being signed far: then proof
authority to sign for sale shall also be subeitt2d-
Attach a calar coded map of a scsle of not lessan Lh 1' Zoo'
of the arts
sought for vacatiam (NOTE) }lap musn.carrespond with legal description.
TAX LOT 3
ABUTTING PROPERTY OUNER.S. LOT, BLOCK fi PLAT/SEC- TUN. RD
SIGNATURES AHD ADORFSS'c5
* see attached
362304-9026 (KNCP P Iv v)
SE 36-23-04E
signature block
362304— 9004 (KNCP Phase 1 1 I 1
* see attached
SE 36-23-04E "
_ signature block
S150.00 Fee Paid ,Treasurer's Receipt He-
4pra(sal Fee Paid _ Treasurer's Receipt }.-
Land `value 1411d __•- Treasurer's Zeceipt uo.
aped Acc2ptad Data
•� GtX�cd�•c�
William G. Williams III
Vice President, Equitable Real Estate Investment
Management, Inc., as Advisor to State of California Public
EmpIoyee's Retirement System, Venturer, and as
Advisor to California State Teachers' Retirement System,
Venturer
LgI
CC1TM CL1;CF `AJT
_ �K
QD [
� c� I
n
SPECIAL POWER OF ATTORNEY i� � � Li
(Leases)
C1Ty C,,C KEA�-
CITY C!
The undersigned, California State Teachers ' Retirement System
("CALSTRS' ) and State of California Public Employees ' Retirement
System ("CALPERS") , being the sole joint venturers in Pacific
Northwest Group A, a joint venture ("PNGA") , hereby appoint William
G. Williams III as the true and lawful attorney for CALSTRS and
CALPERS as joint venturers in PNGA, and in their name and stead,
and for their use and benefit to execute all leases of PNGA real
property, and all amendments, modifications, extensions and
terminations thereof, as well as any and all necessary or
appropriate related documentation for any and all real property now
or hereafter owned by PNGA.
Giving and granting unto our said attorney in fact full
authority and power to do and perform any and all other acts
necessary or incident to the performance and execution of the
powers herein expressly granted with power to do and perform all
acts authorized hereby; as fully to all intents and purposes as
PNGA or the undersigned as its sole joint venturers might or could
do if personally present.
This Special Power of Attorney may be terminated as to real
property located in a particular county by recording a written
instrument of revocation in the office of the recorder or auditor
Of such county.
Dated this day of 1n91
CAL:1111;�NIA STATE TEACHERS '
RET]IR'.: TENT SYSTMI
By: \
Its : Chief ZFv-e,, Officer
STATE OF CALIFORNIA PUBLIC
EILDLOYEES I RETIREMENT SYSTEM
By:
Its: Q� Inv sent Officer
CITY Or, KEVT
NOV 0 g 7997
s
C
D
STATE OF CALIFORNIA ) ' ISQ7
Col KE: T'
COUNTY OF SACRAMENTO ) ss 07Y cLZ�X
On this gZ3'j day of in the year 1991, before me,
l a nota
persona 'ly puY�lic in and for said county and state,
lly appeared A,., p personally known to me
person who executed this instfficer of
rument as Chief 1�" to be the
CALIFORNIA STATE TEACHERS ' RETIREMENT SYSTEM, and acknowledged to
me that said public agency executed it.
WITNESS my hand and official seal.
OFFICIAL SEAL
ANNF7E H.LOPES
0 WTAV T3ue.CMUFORM
sACAArgx COUNtt
w c&ftt mLe.ze.1994 try Public i d for the State
of California.
STATE OF CALIFORNIA )
COUNTY OF SACRAMENTO ; ss.
On t is day in the year 1991 before me,
a notary p lic in and for said county and state,
Personally appeared o -1 _;_ Z_ personally known to me
(or proved to me on the basis of satis evidence) to be the
Person who executed t13 s instrument as=�? ZZ� nvestment Officer of
STATE OF CALIFORNIA PUBLIC EMPLOYEES RETIRMIENT SYSTEM, and
acknowledged to me that said public agency executed it.
WITNESS my hand and official seal .
Notary Public i and Tb� the State
of California. /
auuunuunuutruuunannnnawtmtaGtattmumnrumarmuwc
,,�=— CE3CR- . L. STOKES
ii AL ti 'oa 44C L•'MarTcO—UCtI pc^Ir : a
CJ�
^
Egnw Me..A. I994 c Cr Kcjr�
1997
EAJG/tyE�pvG utr
11/21/9i 18:58 FA.I Z082518i82
BA1RGILk SEN ENG (aooz/008
L
2 4
LEGAL DESCRIPTION CITY OF KEN
(South 188th Street Right-of-Way To Be Vacated) CITY CLFAK NT
The North 30.00 feet of the Southeast quarter of the Southeast quarter of Section 36, Township
23 North, Range 4 East, W.M., lying West of 80th Place South, as conveyed to King County by
deeds recorded under Recording Nos. 3542123 and 3542124:
AND
That portion of the Southeast quarter of Section 36, Township Z3 North, Range 4 East, W.M.,
more particularly described as follows:
COMMENCING at the Northwest comer of the Southeast quarter of the Southeast quarter of said
Section 36;
THENCE South 01° 47' 28" West, 30 feet to the TRUE POINT OF BEGINNING.
Said point being further described as lying North 01' 47' 280 East 1283.53 feet from the
Southwest comer of the Southeast quarter of the Southeast quarter of said Section 36;
THENCE South 88' 17' 48" East, 120 feet;
THENCE South 74' 1C' 17* West, 99-72 feet to a point of nontangent curvature to the left:
THENCE along said curare to the left, having a radius of 25 feet, the center of which bears South
01' 42' 120 West, an arc distance of 39.23 feet, through a central angle of 39° 54' 44';
THENCE North 01' 47' 28' East, 55 feet to the TRUE POINT OF BEGINNING, as conveyed to
the City of Kent for street purposes under deed recorded under Recording No. 7501220005.
RECc1VED P-ROPERTY VANAGc�E7iT
GATE 97
Project Kent North Corpon=Part
November 21, 1997
Drdumlbd
6177E_001
I, - 51.60 R - 389.26 -
L 105 64
Ex to q 80TH PLACE SO. Fx. IJ, w
k-- I -- - EX. 2a•
S 3.45'01' W
N
I PROPOSED ACCESS
TO LOT I
1 , c
i c.
^ o
m N
M nn rt 147'28 E a
K FN T No 2T1 Co R r? t'�IZI�
Q 130.00* j
cn L }f
tr
cuI 1 l,nU
W 1
I
LOT 1 P
AREA = 31 71472 S.F F.
1
ti .
m
- �Ct
! N PROPOSED ACCESS LO' STORM DRAriAGE
KI t TO LOT 2 EASEUEMT PEfi SEC_
NO. 750122Co41
LOT 2 No Pic Sr
AREA = 93,075 S.F. II
u
aEX. 12• '.V N 1.4252' E Ex.
466.32'
�r2• w r7
t, Flt. _ 1 ;I f 12 A
¢
EZ. 18' SO
�. �z• sa n 80TH- -AVE.
Kent City Council Minutes January 20, 1998
STREETS liens, as recommended by the Public Works
Committee. The original contract amount was
$348, 039. 10. The final construction cost was
$426, 003 . 19, the overage being due to excessive
shoulder work added to the project along 94th
Avenue to provide a pedestrian walkway.
(OTHER BUSINESS - ITEM 4E)
LID 348 - Interim Financing. Interim financing
for LID 348 in the amount of $1, 967, 375 is needed
to construct 64th Avenue South. This amount will
be financed internally until LID bonds are sold
by mid-1998 with interest to be charged at the
State Pool rate.
CLARK MOVED to authorize the Mayor to approve
interim financing for LID 348 in the amount of
$1, 967 , 375 from the Street, Water, and Sewerage
Funds until bonds are sold in mid-1998 with
interest to be charged at the State Pool rate.
STREET (PUBLIC HEARINGS - ITEM 2A)
VACATION S. 188th St. Street Vacation STV-97-3. This
public hearing has been set to consider an
application to vacate a portion of the South
188th Street right-of-way located between 80th
Place South and 80th Avenue South which lies
adjacent to the subject property, as referenced
in Resolution No. 1502 .
Planning Director Harris pointed out the location
of the street vacation and noted, for the record,
that the Fire Department did respond to the re-
quest for information since they are one of the
prime departments that has input into a street
vacation. Harris then read the following into
the record:
The applicant states, "A portion of the
south 188th Street right-of-way located
between 80th Place South and 80th Avenue
South lies adjacent to their property. The
existing right-of-way width is 301 -condition
#13 of the MDNS (Mitigated Declaration of
Nonsignificance) issued on December 10,
1992 , for the proposed development states
that in lieu of providing a right-of-way
dedication, that portion of South 188th
Street may be vacated subject to approval
by the City. Since access to the site is
available from both 80th Place South and
8 C . e . 1-�_0 - 98
Kent City Council Minutes January 20, 1998
STREET 80th Avenue South, the developer is request-
VACATION ing to vacate this portion of South 188th
Street to obtain the additional property. "
Harris explained that the applicants were led to
believe a street vacation would be necessary if
they wanted to proceed with their project. He
noted that staff is recommending approval of this
street vacation with five (5) conditions which
were read into the record as follows: (1) The
City shall be compensated for the value of the
right-of-way in accordance with State law and
that monies received therefore shall be deposited
in the City's School Pedestrian Walkways Fund
(R36) ; (2) Either the City shall retain easements
for utility purposes over, upon and under said
vacated right-of-way, or the abutting property
owners grant to the City easements for utility
purposes over, upon and under said vacated right-
of-way; (3) The abutting property owners shall
grant an easement or authorize the City to grant
an easement to any private utility company, such
as Puget Sound Energy, U. S. West, Cable TV, etc. ,
that has existing facility within the right-of-
way being vacated; (4) The applicant shall recon-
struct the intersections of 80th Avenue South/
South 188th Street and 80th Place South/South
188th Street to eliminate access onto and off of
80th Avenue South and 80th Place South. Said
reconstruction shall be in accordance with City
Standards or as approved by the Public Works
Director. Said reconstruction shall occur prior
to or in conjunction with the issuance of any
development permit on any abutting property of
this vacated right-of-way; (5) The applicant
shall either remove the existing Springbrook
Creek culvert crossing of South 188th Street and
re-slope the stream banks as approved by the
Public Works Director, or reconstruct said
culvert crossing to the size necessary to pass
the 100-year - 24-hour storm event. Said removal
or reconstruction shall occur to or in conjunc-
tion with the issuance of any development permit
on any abutting property of said vacated right-
of-way.
The Mayor opened the public hearing. John Ryan,
Corporate Counsel for Toy Investments, Inc.
d/b/a Toysmith, noted that his clients are in
opposition to the street vacation. He noted that
9 cc.. ► - Zo - GB
Kent City Council Minutes
January 20, 1998
STREET Toysmith' s property is located due east of the
VACATION subject property and their business fronts on
84th Avenue South with the rear entry on 80th
Place. He noted that written comments have
been submitted to Mr. Harris in the Planning
Department and to the City Council regarding
their opposition to this street vacation which
were submitted today. He explained that their
opposition is primarily based on traffic conges-
tion and traffic flow. He noted that many of the
employees and freight companies access 180th
using the 188th cut through which is largely
because of the traffic congestion at the north
end of 80th Place South when it intersects with
80th Avenue South. Ryan noted that this street
vacation will only aggravate the situation in the
area, make freight movement inconvenient, and
inconvenience the employees. He noted that the
employees do not like to enter onto 84th Avenue
South because the speeds are high and dangerous.
Todd Timberlake, representative for Trammell Crow
Company-Pacific Northwest Group A, noted that the
property was purchased 5 or 6 years ago. He
noted that there were two Determinations of
Nonsignificance (DNS) issued in which one was for
the bulk of the property to the north and one
specifically for this ten acre parcel. He noted
that there is an item in the DNS which states
that subject to this process, the owner has the
right to vacate that street. He noted that it
was the applicant's understanding from the begin-
ning that this street could be vacated and that
it would not be an issue. He noted that the
applicant has agreed to the five (5) conditions
listed but that the bridge/culvert is substandard
and if it had increased truck traffic, over time
it might be an issue. He explained that Trammel
Crow's intent is to remove the culvert and open
up Springbrook as requested in one of the condi-
tions. He requested that they be given some time
to respond to the opposition received since they
received short notice on this item. ORR MOVED to
close the public hearing. Clark seconded and the
motion carried.
City Attorney Lubovich pointed out that three
documents have been submitted to the Council from
Jack Nelson, Montoure Real Estate and John Ryan
of Toysmith. ORR MOVED to make these three
10
Kent City Council Minutes
January 20, 1998
STREET
letters a part of the record. Epperly seconded
VACATION and the motion carried. Upon Orris question,
Harris noted that this is a time-sensitive item
from staff' s viewpoint but that he wasn't sure
about the applicant. Harris clarified for Orr
that the Fire Department did not have a problem
with this proposed street vacation. Upon the
applicant's concurrence, ORR MOVED to table this
item for two weeks. Clark seconded and the
motion carried. Orr requested that this item
come back on February 3rd under Other Business on
the Agenda. Upon Clark' s request, Mayor White
asked staff to keep the Council apprised of the
progress on this issue.
PLATS (CONSENT CALENDAR - ITEM 3M)
Benson Highlands Final Plat FSU-95-10. SET
February 3 , 1998, as the date for a public
meeting to consider a final plat application by
R.K.L. Construction for the Benson Highlands
Final Plat No. FSU-95-10. The subdivision is
5 . 67 acres in size and is located at 11208 S.E.
244th Street. The City Council approved the
Benson Highlands preliminary plat on April 2 ,
1996.
(OTHER BUSINESS - ITEM 4B)
Countr Club North Division 2 Final Plat
FSU-97-6. This application for the Country Club
North Division 2 Final Plat is an 11-lot single
family residential final plat located east of
140th Avenue S.E. at S.E. 236th Street. The
preliminary plat was approved with conditions
by the King County Hearing Examiner, and upon
annexation to the City, the preliminary plat came
under Kent' s jurisdiction.
ORR MOVED to approve staff' s recommendation for
the Country Club North Division 2 Final Plat
according to King County Ordinance No. 12527
and File No. L96P00041 and authorize the Mayor
to sign the final plat mylar.
(OTHER BUSINESS - ITEM 4G)
(REMOVED BY COUNCILMEMBER ORR)
Meridian West Preliminary Plat SU-96-2. This
date has been set to consider the Hearing
Examiner's recommendation of approval of a
modification to a condition for the Meridian
West Subdivision. This plat is 4 . 86 acres in
11 �. ( -2d • �8
Kent City Council Meeting
Date March 17 , 1998
Category Bids
1. SUBJECT: REPLACEMENT MOBILE AIR SUPPLY APPARATUS
2 . SUMMARY STATEMENT: Three bids were received for the
replacement of the Mobile Air Supply Apparatus. The low bid
was from H & W Emergency Vehicles in the amount of $140, 551.
The other bids were from Boise Mobile Equipment for $167, 603
and SVI Fire and Rescue Trucks for $175, 332 . Staff recommends
award of the bid to H & W Emergency Vehicles.
3 . EXHIBITS. None ,I�� �'
GA
t .
4 . RECOMMENDED BY: Fire Department
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $ _
SOURCE OF FUNDS: Funds from the 1997 CIP and the apparatus
7 . CITY COUNCIL ACTION:
Councilmemberc- LE+ moves, Councilmember It'll seconds
to award the bid for Replacement Mobile Air Supply Apparatus to
H & W Emergency Vehicles in the amount of $140, 551, r(us 4r/)/irt4'4
.s cjk�-
DISCUSSION: J
ACTION. / ti
Council Agenda
Item No. 5A
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC WORKS/PLANNING COMMITTEE
D. PUBLIC SAFETY COMMITTEE
E. PARKS COMMITTEE
F. ADMINISTRATIVE REPORTS
EXECUTIVE SESSION - Property Acquisition
PUBLIC WORKS/PLANNING COMMITTEE
March 2, 1998
PRESENT: Tim Clark Gary Gill ABSENT: Tom Brotherton
Judy Woods Laurie Evazich
Don Wickstrom Jim Harris
Representatives from City of Federal Way
Seattle/KingCountHealth Dept Grant Agreement
Wickstrom explained that this is a yearly event where we provide two hazardous waste
recycle events independent of the normal recycling material. We have received a grant
for these events and are asking for authorization to proceed.
Committee unanimously recommended authorizing the Mayor to sign the Grant
Agreement and direct staff to accept the Grant and establish a budget for $19,287.00.
Green/Duwamish Watershed Interlocal Agreement
Wickstrom explained that in 1996 during a feasibility study, the Army Corps of
Engineers stated they were eligible to conduct a rehab for past problems within the
watershed. They have conducted a study and have identified 55 different projects which
would restore or preserve habitat for the future. He said this is the feasibility stage to
see how much it would cost to get into the actual design of all these different projects.
Once the projects get beyond that point into the implementation stage, there is 75%
Federal funding. Wickstrom said the total cost of this two vear feasibility study is $1.2
Million; locals have to pay half of that. The County has already executed the agreement
and we are expecting the agreement with the Countv to pay a portion of that $300,000.
Kent's share is approximatelv $32,000; we have monev in our miscellaneous drainage
improvement fund to pay for this.
Committee unanimously recommended authorizing the Mayor to sign the
Green/Duwamish Watershed Interlocal Agreement upon staff concurrence with the terms
thereof and to pay for same out of the Miscellaneous Drainage Improvement fund.
Cityof Federal Wa Cit of Kent Interlocal Agreement, Lakehaven Utilit District
Cary Roe, Director of Public Worlcs, Cite of Federal Way: In 1992, the Citv of Federal
Way initiated a process which resulted in a negotiated agreement with Federal Way
Water &-Sewer,who have since changed their name to Lakehaven Utilitv District, and
it contains three primary points. First, they were to expand their Commission
membership from 3 to 5, which thev did. Thev were to also aggressively pursue a
1
second supply of drinking water. The third point was, they were to become more
aggressive into further maintenance of both their water and sewer systems. Since 1992,
Federal Way City Council has been watching Lakehaven because almost all of Federal
Way is serviced by Lakehaven Utility District and Council has some concerns about their
progress. As a result, Federal Way Council asked Lakehaven to participate in Land Use
and Transportation meetings. Federal Way provided questions, in writing to Lakehaven
in advance of these meetings. Federal Ways biggest concerns were water supply.
Lakehaven has acknowledged that after 1999 their firm water supply is in question. In
1996, Lakehaven informed Federal Way that an agreement with Tacoma was "just
around the corner as well as an agreement with Auburn, neither of which has
materialized at this point. However, they recently had negotiations with the City of
Tacoma.
Lori Evazich stated that Roger Lubovich has reviewed this Interlocal Agreement and he
did not have any objections to the language as drafted.
Clark noted that he realizes everyone in South King County is struggling with water
resources and he feels Federal Way is also struggling with water resources. Roe stated
that Federal Way does not currently provide any water/sewer services as the City of
Federal Way; that is currently provided by Lakehaven Utility District within our city
limits. He explained that there is a portion of the Twin Lakes area that is served by the
City of Tacoma. Roe stated that if we were to get into the water/sewer business, we
would be struggling as well. Roe stated that they are trying to look out for the long term
interest of our citizens with regard to drinking water supply and maintenance. Roe said
it is our Council's position that if we don't take these steps to assume, there will not be
assurance that those services will continue to be provided in a reasonable way at
reasonable rates and that they have taken those steps to initiate the assumption process
to protect those interests.
Clark noted that there are concerns as to the manner in which this assumption has been
managed. Roe stated that Federal Way has spent extensive time in the City of Des
Moines and we have since entered into an Interlocal agreement in which both the City
of Federal Way and Lakehaven Utility District staff went thru a very long and detailed
process of the problems and the City of Des Moines Council resulted in a 5-1 vote to
enter into the Interlocal agreement. We are in a similar capacity with the Cities of
Auburn, Kent, Pacific, Edgewood and Milton.
Committee unanimously recommended authorization for the Mayor to sign the
Interlocal Agreement upon the City Attorneys concurrence with the language as written
in the agreement.
2
FAST Corridor Memorandum of Understanding: Don Wickstrom
Wickstrom explained that for over two years we have been working on how to fund
almost $1 Billion of grade separation projects. This agreement (Memorandum of
Understanding) is for $356 Million. Our projects have been placed in the two to six year
period. Those now are off the board in terms of implementing in the short term. They
took the immediate projects they thought they could implement in two years and now
those are the projects they want to get built in six years. We are in support of this
agreement however, it is a draft and would be subject to staffs concurrence on the final
language. Wickstrom noted that we do need to get some action so they can get all the
signatures and take it to the Legislature before it's over on the 12th.
Committee unanimously recommended authorization for the Mayor to sign the
Memorandum of Understanding of the FAST Corridor subject to staffs concurrence.
Burlington Northern Railroad Station: Tim Clark
Clark stated that he has had a specific request from some concerned citizens who
basically want to save and preserve some of those things that are part of Kent's heritage
and what the railroad corridor has meant to the City of Kent over a period of time. Even
as we look forward to developing our own station, we are going to need some public
facilities and asked if we could explore the acquisition of that. Judy Woods noted that
we have made many efforts in the past, however every time we moved ahead the project
would be moved to a different department within the railroad. We even had a schematic
design. Judy suggested that perhaps we could get some of that material into
Administration for them to pursue this further.
Committee unanimously requested that Administration be asked to review this issue
again.
Senate Bill 5116 (Telecommunications): Tim Clarlc
Clark explained that this Bill would basically strip us of our authority to control our
rights-of-way.
Committee unanimously recommended that Council direct the Mayor to send a letter
on behalf of all elected officials in Kent to all members of the State Legislature that
service within the City of Kent boundaries, to oppose any telecommunications act which
would strip us of our control of our rights-of-way, our ability to regulate such and keep
the integrity of the City of Kent in line.
Meeting adjourned: 5:00 p.m.
3
PARKS COMMITTEE MINUTES
MARCH 3, 1998
Council: Judy Woods, Chair; Connie Epperly, Leona Orr (substituting Jim Bennett)
In Audience: Tom Brotherton
Staff: Jim McDonald, Lori Flemm, John Hodgson, Barbara Eckert,
Recorder: Teri Petrole-Stump
Citizens: (Those signed in). Cliff Norton, 10020 SE 246th Place; Linda Talbot, 10008
SE 245th Place; Wayne Thueringer, 858 1st Avenue North; Jon Johnson,
11407 SE 234th Place; Didi Stewart, 12015 SE 280th Street; Jonathon
Gurish, 12011 SE 280t6 Street; Andy Wangstad, 12047 SE 277t P cal e
Garrison Creek Park — Accept Art Project
This new art project is proposed for the newly renovated Garrison Creek Park. Jim
McDonald, Cultural Program Coordinator, explained that the artwork created by artist
Elizabeth Conner was integrated into the park to open it up, making it lighter and more
inviting. The park is built on a water reservoir and the artwork includes various
elements that relate to water receptacles by using surplus water department pipes and
fixtures. Another example is the mural of valves gaskets on the bathroom building.
Along with the water container theme, the artwork also utilizes the look of the existing
chainlink fencing by creating tall colored mesh structures that buffer the ravine. The
project's $26,000 budget is funded through the 1998 Art Plan.
Connie Epperly moved to approve the artwork created for Garrison Creek Park by artist
Elizabeth Conner. Leona Orr seconded and the motion carried.
Kent Ridge Park — Accept Re-submittal of Master Plan
In coordination with residents from the Kent Ridge park neighborhood, staff prepared a
master plan for improvements to the park. Site preparation and irrigation will be
installed by city staff and neighborhood volunteers will install the play equipment. To
create the budget for the improvements, funds will be transferred from CIP Funds,
Playground Safety budget and East Hill Fee in lieu of funds (Kingstone.)
Staff met following the February 3, Parks Committee meeting with neighbors to address
issues raised by some residents such as lighting, noise, aesthetics, and trees. Lori
Flemm, Superintendent of Park Planning and Development responded to all of their
concerns. Jonathan Gurish, and Andy Wangstad, residents of the Kent Ridge area,
complimented the city and staff on coordinating this project, and the courtesy extended
by staff addressing the concerns of the residents.
Leona Orr moved to approve the re-submittal of the Kent Ridge Park Master Plan and
create a Kent Ridge Park Playground Safety Project budget with the $44,562.68 from
transferred funds.
Canterbury Park Neighborhood Interest
Canterbury Park neighbors recently contacted the Parks and Recreation Department
with interest in a neighborhood park. John Hodgson met them at a neighborhood
community meeting to discuss their ideas.
Linda Tabot, a member of the Board of Canterbury, which consists of 50-60 homes,
stated that developers are building closer and closer to their homes, leaving no green
belts and no parks within walking distance for their kids. Neighbors are concerned with
a lot of vacant land bordering their development. Ms. Talbot added that neighbors are
ready and willing to help with the construction of a neighborhood park. Council and staff
thanked Ms. Talbot for speaking and for the neighborhood eagerness to get involved in
a potential park.
Forner House —Approval to Surplus
Lori Flemm, Superintendent of Park Planning and Development indicated that the City
of Kent is deficient in athletic fields for the local community. In 1997 the city purchased
30 acres of land located at 144th and 288th in Kent with the intention of creating athletic
fields on the property. Located on the property are surplus buildings, including a house,
barns, and outbuildings. Staff is requesting approval to sell the home and buildings. If
no bids are received, staff requests authorization to demo the house and outbuildings.
As requested by Tom Brotherton, it was determined that the City of Kent Human
Services Division will be notified of all surplus houses prior to demolition.
Leona Orr moved to approve the sale or demolition of the surplus house, barns and
outbuildings located at 144th and 288th in Kent, provided local Human Service agencies
are notified of any surplus homes and/or buildings, prior to demolition .
Potential Parks Bond Issue
John Hodgson, Director of Parks and Recreation advised City Council, the Mayor's
office that Park staff are considering submitting a bond issue to the voters to develop
and build parks throughout Kent. Mr. Hodgson distributed a preliminary list of master
planning meetings proposed with neighborhoods to address the needs of athletic fields
and neighborhood parks and property acquisitions.
Riverbend Golf Green Fees
John Hodgson informed the committee of the recently instituted fee structure at the
Riverbend Golf Complex that called for taxes to be charged. As a result of the inclusion
of taxes, fees now end in odd numbers, causing delays at the cashier station. After
review with the Advisory Board, taxes and fees have been rounded so that the numbers
are even, thus reducing possible customer service issues.
Meeting adjourned 4:55 p.m.