The URL can be used to link to this page

Home My WebLink AboutCity Council Meeting - Council - Agenda - 05/02/2000 City of Kent City Council Meeting Agenda KENT WAS H I NGTON I Mayor Jim White Counci/members Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling May 2, 2000 Office of the City Clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING KEN T May 2 , 2000 WASHINGTON Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS A. Drinking Driver Task Force Poster Design Recognition Award Ceremony B. GFOA Award C. Employee of the Month D. Proclamation - Arson Awareness Week E. Proclamation - Foster Care Month F. Proclamation - Letter Carriers Food Drive Day/Week S . PUBLIC HEARINGS None 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Zoning Code Amendment, Single Family Density in Multifamily Zones - Ordinance _�3 5 68 D. Pacific Highway Land Acquisition, State Aid Agreement - Authorize E . Temporary Construction Inspector - Approve and Amend Budget F. Telecommunications Right-of-Way License Agreements - Authorization G. Garrison Creek Park Renovations Project - Accept as Complete H. Russell Road Bleachers - Accept as Complete I . West Hill Skate Park - Accept as Complete J. Greater Kent Historical Society Museum Parking Lot Improvement - Accept as Complete K. Garrison Creek Park Reservoir Lid Project - Accept as Complete L. Russell Road Drainage Improvements Project - Accept as Complete M. 2000 IAC Grant Applications - Resolutions Sao 5 N. Interurban Pedestrian Trail Bridge - Accept as Complete O. 3 . 5 Million Gallon Water Tank - Accept as Complete (continued next page) SUMMARY AGENDA CONTINUED h 7 . OTHER BUSINESS O+O Nn-neA 8 . BIDS A. Exterior Repair Work at Kent Fire Station 74 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS pA 12 EXECUTIVE SESSION qv /r�' q None 13 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. An explanation of the agenda format is given on the back of this page . Any person requiring a disability accommodation should contact the City Clerk' s Office in advance at (253) 856-5725 . For TDD relay - service call the Washington Telecommunications Relay Service at 1-800-833-6388 . CHANGES TO THE AGENDA Citizens wishing to address the Council will , at this time, make known the subject of interest , so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC r- PUBLIC COMMUNICATIONS A) DRINKING DRIVER TASK FORCE POSTER DESIGN RECOGNITION AWARD CEREMONY B) GFOA AWARD C) EMPLOYEE OF THE MONTH D) PROCLAMATION - ARSON AWARENESS MONTH E) PROCLAMATION - FOSTER CARE MONTH F) PROCLAMATION - LETTER CARRIERS FOOD DRIVE DAY/WEEK CONSENT CALENDAR 6 . City Council Action: �y Councilmember (iiVV moves, Councilmember "j ki seconds that Consent Calendar Items A through O be approved. '(46&rf- 0- Discussion Action Dr ' GA. Approval of Minutes . Approval of the minutes of the regular Council meeting of April 18, 2000 . 6B . Approval of Bills. Approval of payment of the bills received through April 14 and paid on April 14 , after auditing by the Operations Committee on April 18, 2000 . Approval of checks issued for vouchers : Date Check Numbers Amount 4/14/00 233259-233532 $ 662, 447 . 71 4/14/00 233533-233887 1 , 529, 797 . 09 $2 , 192 , 244 . 80 Council Agenda Item No. 6 A-B . I Kent, Washington April 18 , 2000 The 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, Woods and Yingling, Operations Director McFall, City Attorney Lubovich, Fire Chief Angelo, Deputy Police Chief Miller, Planning Director Harris, Public Works Director Wickstrom, Parks Director Hodgson and Finance Director Miller. Approximately 20 people were at the meeting. CHANGES TO Councilmember Clark added Other Business Item 7B. THE AGENDA Continued Communications Items 11A and 11B were added at the request of members of the audience . PUBLIC Introduction of Appointee. Mayor White announced COMMUNICATIONS that confirmation of his reappointment of Stephanie Klappenbach to the Public Development Authority is on the Consent Calendar, and noted that Ms . Klappenbach is not in attendance at tonight ' s meeting. Norway Sister City Presentation. Mayor White — introduced Howard Olivers of the Sister Cities Association, and his daughter Gail Evans . Ms . Evans explained that she had taken ten girls to a goodwill volleyball tournament in Norway, and that while she was there, the Mayor of Naustal gave her a token of goodwill and appreciation for Mayor White. She then presented the art glass gift to the mayor, who expressed his thanks . CONSENT ORR MOVED that Consent Calendar Items A through G CALENDAR be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of April 4 , 2000 . TRANSPORTATION (OTHER BUSINESS - ITEM 72) (ADDED BY COUNCILMEMBER CLARK) Pacific Highway TIB Grant. CLARK MOVED to authorize the Mayor to sign the Pacific Highway TIB agreement and to authorize staff to accept the _ grant and establish a budget for the funds to be spent within said road improvement project . Woods 1 c Kent City Council Minutes April 18 , 2000 TRANSPORTATION seconded. Clark explained that this was discussed by the Public Works Committee yesterday and that because Federal money is involved, action must be taken quickly. Upon Amodt' s question, Wickstrom explained the cap and noted that it is important to get funds obligated before the cap is reached. The motion then carried. APPOINTMENTS (CONSENT CALENDAR - ITEM 6C) Public Development Authority. CONFIRMATION of the Mayor ' s reappointment of Stephanie Klappenbach to continue serving as a member of the Kent Downtown Public Market Development Authority Board. Ms . Klappenbach' s new term will continue until 5/31/2004 . FIRE (CONSENT CALENDAR - ITEM 6D) DEPARTMENT Brass Oxygen Regulators Grant. ACCEPT the grant funds received from the State of Washington and authorize the Fire Department to apply said funds T towards the purchase of brass oxygen regulators . The City has received a $1, 200 grant from the State of Washington "for the purposes of the state trauma care system. " As stated in a letter from Janet Griffith, Director of the Office of Emergency Medical & Trauma Protection, these funds may be used for trauma equipment . The Fire Department proposes to use these funds to purchase brass oxygen regulators . (CONSENT CALENDAR - ITEM 6E) King County Training Services Agreement. AUTHORIZATION for the Mayor to sign the King County Training Services Agreement on behalf of the City and authorize the Fire Department an additional Lieutenant ' s position in their budget to be funded by revenue from this agreement . Both the City and the District recognize the significant long term value of a joint operational training agreement and the higher level/quality of emergency services that can be attained through the synergistic benefits of this agreement . The 2 - Kent City Council Minutes April 18 , 2000 FIRE City will provide, through the Fire Department, DEPARTMENT suppression training and related administrative services to Fire District #40 . King County Fire District 440 will cover any additional costs, both operational and one time capital costs, which result from entering into this contract . PARKS & (CONSENT CALENDAR - ITEM 6F) RECREATION 2000 IAC Grant Amlications, Submittal Of Resolutions. APPROVAL of the submittal of five grant applications to the Interagency Committee for Outdoor Recreation, per resolutions in the packet, as recommended by the Parks Committee . The Interagency Committee for Outdoor Recreation (IAC) is accepting applications for acquisition and development of park land. Staff has identi- fied the following top-priority projects that are eligible for statewide grant funds : 1 . Green River Greenbelt Gateway - Acquire and develop property 2 . Canterbury Neighborhood Park - Acquire and develop property 3 . Clark Lake Park - Acquire and develop property 4 . East Hill Youth Sports Complex #1 - Acquire and develop property S . Lake Fenwick Park Boat Launch - Develop property (CONSENT CALENDAR - ITEM 6G) King County Public Cultural Facilities Program Grant - Accevt And Amend Neely Soame Home Budget. ACCEPT the King County Public Art Program Grant and amend the Neely Soames Home budget, as recommended by the Parks Committee. Parks Planning and Development staff applied for and received a $38 , 000 grant from King County Office of Cultural Resources, Landmarks and Heritage Commission, Public Art Program. The grant will be used to fund the Neely Soames House and Garden Project . 3 Kent City Council Minutes April 18 , 2000 PARKS & (OTHER BUSINESS - ITEM 7A) RECREATION Kent Memorial Park Reclamation Art - Deaccession Of Artwork. The Kent Memorial Park picnic shelter needs to be replaced because it is not seismically sound. The artwork on the walls of the shelter may not be saved. Staff reviewed options to preserve or replace the artwork at the Parks Committee meeting on April 11, 2000 . WOODS MOVED to deaccess the reclamation art project at Kent Memorial park and direct staff to preserve the artwork, or make an appropriate visual recognition of the project . Epperly seconded. Woods explained that this artwork was done by kids who designed it and spent a great deal of time on it . She said attempts will be made to contact them to reassure them that, although the shelter was torn down, their efforts will not be lost . Upon Amodt ' s question, Hodgson explained the project . The motion then carried. BUDGET (CONTINUED COMMUNICATIONS - ITEM 11A) (ADDED AT THE REQUEST OF ROBERT O 'BRIEN) Property Value. Robert O ' Brien, 1131 Seattle Street, said that during discussions of the budget, Councilmembers had said they were not raising the mill rate and that taxes would not go up. He said he has received his bill from King County and noted that his taxes have gone up by 10% . Mayor' s Salary - Span of Control. Robert O 'Brien, 1131 Seattle Street , stated that in the past the Mayor' s position was part-time and there was a city manager. He said that according to the budget, the salary of the Mayor has been increased with no increase in the management span of con- trol . He urged the Council to consider either expanding the Office of the Mayor to include control of the police and other departments, or to cut the office back to what it was before . I 4 Kent City Council Minutes April 18 , 2000 COUNCIL (CONTINUED COMMUNICATIONS - ITEM 11B) (ADDED AT THE REQUEST OF MARTIN PLYS) Suspension of Rules. Martin Plvs, 3004 s . 256th, read Section I of Article I to the Washington State Constitution, and asked the Council to suspend the rules for the May 2 , 2000 Council meeting. He said the purpose of this request is to allow all Kent citizens the opportunity to question the Mayor and Council on any subject pertaining to City business without the three- minute time limit and the one subject rule . He added that the Mayor and Council would have to provide a written or verbal response at the following Council meeting. TERM LIMITS Initiative 103 . Martin Plvs, 3004 S . 256th, said Initiative 103 would put local government back in the hands of the people, and that no Councilmember or Mayor could make a career at the expense of the City. He noted that just prior to this meeting he provided the City Clerk with five copies of the initiative . He offered the Mayor and Council the opportunity to sign the petition, saying that would send a message that they are here because they want to be servants, not for self-gain or glory. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through March 31 and paid on March 31 . Approval of checks issued for vouchers : Date Check Numbers Amount 3/31/00 232316-232738 $ 720 , 792 . 86 3/31/00 232739-233258 2 , 408 , 246 . 65 $3 , 129, 039 . 51 5 Kent City Council Minutes April 18 , 2000 FINANCE Approval of checks issued for payroll for March 31 and paid on March 5, 2000 : Date Check Numbers Amount 4/5/00 Checks 242820-243146 $ 267 , 907 . 59 4/5/00 Advices 93311-93973 879 , 658 . 25 $1, 147 , 565 . 84 ADJOURNMENT The meeting adjourned at 7 : 20 p.m. �a-lL s0e ,1 G MCe-"-- renda Jac CMC City Clerk 6 XY (� Kent City Council Meeting Date Mav 2 , 2000 Category Consent Calendar 1 . SUBJECT: ZONING CODE AMENDMENT, SINGLE FAMILY DENSITY IN MULTIFAMILY ZONES - ORDINANCE 1 2 . SUMMARY STATEMENT: Adoption of Ordinance No. 3 5og relating to Single Family Density in Multifamily Zones, as approved by the City Council at their meeting of April 4 , 2000 . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Land use and Planning Board (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. ECfective Date. This Ordinance shall take effect and be in force five (5) days from and after the date of publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 2000. APPROVED: day of 2000. PUBLISHED: day of 12000. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. BRENDA JACOBER, CITY CLERK ^ P�Oi ROrGwcc4in&Fmo- Mulrif ly 3 Single-Family Density in Multifamily Zones ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 15.04.170 of the Kent City Code by increasing the density of single-family development to the same level permitted for multiple family development. WHEREAS, Kent's multifamily zoning districts (MR-D, MR-G, MR-M, MR-H and MR-T) allow single-family residential development within those zones at the highest density allowed under the single-family zoning districts; and WHEREAS, the Land Use and Planning Board held a public hearing on January 24, 2000, which was continued to the February 28, 2000, public hearing, and voted to recommend to the City Council that the density of single-family development be increased to the same level permitted for multiple family development, with no minimum single-family lot size restrictions; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.04.170 of the Kent City Code is hereby amended as follows: I Single-Family Density in Multifamily Zones iec. 15.04.170. Agricultural and Residential Zone Development Standards. Zoning Districts A N N a y p 'o - c d m iO m a a w w w E o C o o C v a75U d ua ¢ - - .� - - d d h E U A m m LL m m E _m x ua SF Duplex SF Duplex MF SF Duplex MF SF Duplex MF SF Duplex MF SF Duplex MF Maximum 1 1 2.18 1.fi7 6.57 6.05R40ft density:dwelling dsloc dulac usla usl usla usla12.0 dusla 16.0 dusla 16.0 uaa 23.0 isle 40.0 iota units per acre duaa ua usla duslac uslac Minimum lot 34,700 1 ac 34,70016,000 9,600 7,600 5,70000 4AO 8,000 ,SOW 4F= 8,000 ,SOOT 4A" 8,000 8,5001 44N 3,000 a,5001 144= 8,000 8,5001area:square feet sq tt sqtt solt sqft sqft sqftft 60 sq ft 3,500 "A sq ft 3,500 sO sq ft 2,500 60 sq ft 1,600 60 sq ft 900 sq or acres,as none soft none sgft none sgtL none aq ft none ft(3) (27) _ it) (2)notedMinimum lot 60It 60It 50ft Soft 50k Softft 40ft 80It 80it 40It 80It Soft 40ft Soft 30it 40It 80It 80ft 40It 80it 80k width:feel(4) Maximum site 30% 50% 30% 30% 45% 45% 50% 55% 55% 40% 55% 40% 45% 55% 40% 45% 55% 40% 45% 55% 4VI. 45% 55% 40% 50% coverage: (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) percent of site Minimum yard (22) requirements: feet T Front yard 20ft 30X 20k 10ft 70ft 10X loft 1011 10tt 10tt 10ft 70ft 20X loft loft 20k 10tt 10X 10X 10k 10k 20k loft f0X 20ft (6) (7) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (61 (6) (6) (6) (6) (6) (6) (a) (8) (a) (8) (8) (a) (8) (e) (8) (a) (8) (e) (8) (8) (a) (a) (8) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Side yard 15 ft (10) 15X 5ft 5ft 5ft 5ft 5ft 5ft 5ft 5ft 5ft (11) 5ft 5ft (11) 5ft 5ft (11) 5ft 5ft (11) 5ft 5ft (11) Side yard on 20It Zak loft loft loft loft loft loft loft loft loft 15 ft loft loft 15 ft loft loft 15ft loft loft 15R loft loft 15 ft flanking street (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) 19) (9) of a corner lot Rear yard 20ft 15ft 5ft 5ft 5ft 5ft 5ft 5ft eft 5ft 8ft 20ft 5ft 8ft 20It 5ft 8X 20ft 5ft 8ft loft 5ft 8ft 20It Additional (12) (13) (12) (14) (14) (14) (U) (14) setbacksldista (15) (15) (15) (15) (15) aces between buildings Height limitation: 2.5 2$try/ 2.5 2.5 2.5 2.5 2.5 2.5 2.5 �2.5surrf 2.5 2 riryl 3 riryl 2.5 2 riryl 3 stryl 2.5 2.5 stryl 3 aryl 2.5 aryl 2.5 stryl 3 start 2.5 2.5 stryl 4 start in stones/not to riryl 33 X start aryl start start start start riryl 35 X suyl 70 ft 30 k aryl 70 k 30 k sryl 75 ft a tt 70 ft 35ft 40 ft start 35ft 50 X exceed in feet 35ft (17) 35ft 35ft 35ft 35ft 35ft Soft 3oft 30ft 30It 30It 30ft (16) (18) Maximum 40% 40% 40% 11% 11% 71% 11% 75y. 70% 75% lox lox 75X 70Y. 70% 75% 70% 75% 70% 75% 70% impervious (19) (19) (23) (23) (23) (23) (23) (19) 119) (19) 1791 119) (19) (191 (19) (19) (ls) (19) (19) (19) (19) surface:percent of total parcel area Zero lot line and The provisions in Sections 15.08.300,310,320,and 330 shall apply. clustering (24) Signs The sign regulations of Chapter 15.06 shall apply. Offstreet parking The oft-street parking requirements of Chapter 15.05 shall apply. Landscaping The landscaping requiremants of Chapter 15.07 shall apply. Multi-family (25) (25) (25) (25) (25) Transition Area Multi-family 12fi1 (26) (26) (26) (26) design review Additional Additional standards for specific uses are contanad In Chapter 15.08 and Chapter 15.09. standards (20) 1201 (28) (28) (21) (29) 129) 2 1Y-1 ®� Kent City Council Meeting Date May 2 , 2000 Category Consent Calendar 1 . SUBJECT: PACIFIC HIGHWAY LAND ACQUISITION, STATE AID AGREEMENT - AUTHORIZE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the State Aid Agreement approving the State to act as the City' s agent per land acquisition and relocation matters for the Pacific Highway South improvement project . 3 . EXHIBITS: State Aid agreement and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D DEPARTMENT OF PUBLIC WORKS April 17, 2000 TO: Public Works Committee FROM: Don Wickstrom�kv RE: Pacific Highway Land Acquisition - Authorization State Aid Agreement We are exploring using the State Dept of Transportation as the City's agent per land acquisition and relocation matters for the Pacific Highway South improvement project. We want to do so because the project funding has federal monies therein which makes the acquisition process extremely cumbersome with all the procedures and red tape to follow. The State would perform only those items of work which we assign to them and will charge only for the services which they perform. In order to pursue this option further with the State, we are requesting that the Mavor be authorized to sign the attached standard State agreement. MOTION: Recommend authorization for the Mayor to sign the State Aid Agreement approving the State to act as the City's agent in land acquisition for the Pacific Highway South project. nuJ2020 Al► RECEIVED �/i De��ntatTransportation MAR 1 7 2000 Organization and Address PROPERTY MANAGEMENT Government Agreement For Aid Work by State- Actual Cost Agreement Number I Federal Employers I.D. Number Gc gZ29 Region Land Acquisition, Relocation, and Related Services THIS AGREEMENT, made and entered into this day of between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter the "DEPARTMENT"and the above named organization, hereinafter the"AGENCY". WHEREAS,the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646, 84 Stat. 1894) amended by Uniform Relocation Act Amendments of 1987(PL 100-17, 101 Stat.24&256) as implemented by the United States Department of Transportation(49 CFR 24),Chapter 8.26 Revised Code of Washington (RCW), and Chapter 468-100 Washington Administrative Code(WAC)promulgated by Washington State Office of Community Development(OCD), all of which are hereinafter '-' red to as the REGULATIONS, establish a uniform policy for the expedient and consistent treatment of owners subjected to land auisibon practices and provide for the fair and equitable treatment of persons displaced in connection with or as a result of public works programs or projects of a State agency or local public body; and WHEREAS,the AGENCY may propose to acquire or to administer the acquisition of real property in connection with public works programs or projects which may necessitate displacement of an individual, a family, business,farts, or nonprofit organization; and WHEREAS,the DEPARTMENT has an established organization to complete project impact studies and to conduct land acquisition, property management, and relocation assistance programs in compliance with the REGULATIONS and is empowered to provide such services to other governmental agencies pursuant to Chapter 39.34 RCW; and WHEREAS,the DEPARTMENT, in accordance with its policies does not desire to perform services for a public agency by entering into or otherwise interfering with competitive bidding by private enterprise in response to advertisement or solicitation by 'Such public agency; and WHEREAS,the AGENCY, in support of said departmental policies, assures the DEPARTMENT that the AGENCY s assignments and/or requests for services under this AGREEMENT will not result from bidding, negotiation, or other competition involving private enterprise; and WHEREAS,the AGENCY may desire to obtain such services from the DEPARTMENT and the DEPARTMENT is willing to fumish such services to the AGENCY, and both deem it in the interest of the public to enter into this AGREEMENT; NOW,THEREFORE, in consideration of the stated premise and in the interest of providing expedient, fair, equitable, and uniform treatment of land owners and persons to be displaced by proposed land acquisition projects and pursuant ' CW 8.26.120, the parties hereto agree as follows: DOT Form=2 75 EF R.. I ZW C. The DEPARTMENT shall furnish all labor,materials, GENERAL supplies, and incidentals necessary to complete the work yy4 assigned by the AGENCY and shall furnish all information .r A. The DEPARTMENT shall,to its maximum ability,provide necessary to the conduct of a land acquisition program. n the AGENCY with impact study,appraisal,appraisal review, acquisition, relocation assistance,or property management D. The DEPARTMENT will at its discretion and upon written services described hereinafter, all in accordance with the request from the AGENCY furnish the following as required: appropriate elements of the departments operating requirements set forth in the departmental publication M26.01 Impact Studies: Impact studies shall be made and reported in (HW), Right of Way Manual,except where specific operating written narrative addressing potential influences by a program requirements are otherwise described herein.All such or project on land economics or land use factors, requirements shall conform to the REGULATIONS. displacementirelocation factors,acquisition costs,and relocation plans, as requested. B. The normal workload of the department shall have priority Appraisal: Property shall be evaluated and value conclusions over any work performed under the AGREEMENT.The work reported to conform with departmental operating requirements. performed under this AGREEMENT shall be pursued with care Any request by the AGENCY for court preparation and and diligence, making every effort to recognize pertinent testimony will be a separate work assignment request under this schedules of the AGENCY.The DEPARTMENT shall promptly AGREEMENT and shall be submitted to the DEPARTMENT in a notify the AGENCY of any hardship or other inability to perform timely manner to provide not less than ninety (90) days notice in under this AGREEMENT including postponement of the advance of any expected court appearance. agency's work due to priority given to the department's work. Appraisal Review:Appraisal reports shall be reviewed to C. This AGREEMENT may be increased or decreased in scope conform with departmental operating requirements for validity of or character of work to be performed if such change becomes value conclusions provided such reports are accompanied by a necessary, but any such change shall be accomplished by copy of the appraisers contract and provided that the AGENCY written supplement executed by all parties to said (or its agent) has determined that such reports appear to comply AGREEMENT. with the agency's procedural requirements and include adequate description of the property appraised and the interest to be D. The AGENCY shall indemnify and hold the DEPARTMENT acquired and appear to include adequate data supporting said T and its agents,employees,and/or officers harmless from and conclusions.The AGENCY shall be responsible for obtaining any" shall process and defend at its own expense any and all claims, necessary replacements for unacceptable appraisal reports or for demands, suits at law or equity, actions,penalties, losses, obtaining any substantive revisions of inadequate reports where damages, or costs,of whatsoever kind or nature,brought against such reports were furnished to the DEPARTMENT by the the DEPARTMENT arising out of,in connection with,or incident AGENCY. to the execution of this AGREEMENT and/or the AGENCY performance or failure to perform any aspect of this Acquisition: Every reasonable effort will be made to acquire real AGREEMENT to the extent allowed by law. property by negotiations in accordance with the REGULATIONS. The DEPARTMENT shall attempt to acquire all property within the project Iimits without commencing condemnation proceedings.A written offer will be presented to each owner at II the time price is first discussed for the property.The offer will be WORK ASSIGNMENTIREQUEST documented and retained as part of the parcel file. Individual parcel diaries will be maintained containing adequate written A. Specific assignments shall be made in writing to the records of the negotiations including, but not limited to, the DEPARTMENT by the AGENCY.The AGENCY shall make following: such assignments before any negotiations for property acquisition and before any discussion of price with the 1. Date and place of contacts; property owner,when required by the REGULATIONS. 2. persons present; B. The AGENCY shall furnish the DEPARTMENT with all 3.Offers made(actual dollar amount); information which has been compiled by or is available to the 4. Counter offers made; AGENCY conceming the property to be affected by each 5. Reasons settlement could not be reached (If appropriate). particular project. Such information shall include, but not be limited to, a list identifying each property affected by the project by parcel number, a tabulation of improvements on each property,the geographical location and boundaries of each property, and a description of how the project affects each property.The AGENCY shall furnish the DEPARTMENT copies of plan sheets showing limits of parcels, rights to be acquired, and sufficient engineering data to develop legal descriptions. . ..Fn Each request by the AGENCY shall specify the name of the A. The DEPARTMENT shall be reimbursed in full by the grantee in whose name the property is to be conveyed.The AGENCY for its direct and related indirect costs accumulated in DEPARTMENT shall provide the AGENCY with deeds to all accordance with its current accounting procedures. prpcRfty acquired and,wherever possible, instruments to clear el tbrances of title from those deeds.The DEPARTMENT B. Partial payments will be made by the AGENCY upon receipt will provide information leading to Gearing of encumbrances of the AGENCY of billings from the DEPARTMENT. Billings will which the DEPARTMENT cannot clear without legal action. not be more frequent than one per month. It is agreed that Upon completion of a review of each acquisition by the payment of any particular claim will not constitute agreement as DEPARTMENT's Title Section,all instruments and materials to the appropriateness pertaining thereto will be provided to the AGENCY. Clearing any item and that at the time of final billing remaining encumbrances of title and making the actual blling all required adjustments will be made. payment for the property shall be the responsibility of the AGENCY. Should it become apparent that negotiations for C. Upon termination of this AGREEMENT as provided in Section attempted acquisition have reached an impasse and sufficient VI,the DEPARTMENT shall be paid by the AGENCY for services time has elapsed for a property owner to make a decision, the rendered to the effective date of termination less all payments DEPARTMENT will, either at its discretion or upon written previously made. No payment shall be made by the AGENCY for request by the AGENCY, submit to the AGENCY a any expense incurred or work done following the effective date of condemnation report that will contain a summary of termination unless authorized, in writing, by the AGENCY. negotiations,amounts of counter offers, if any, and other historic data relative to such attempted acquisition.The actual filing of condemnation and subsequent litigation shall be the D. Final payment of any balance due the DEPARTMENT of responsibility of the AGENCY. the ultimate gross reimbursable amount, prior to the effective date of termination,will be made upon ascertainment of such balance by the DEPARTMENT and Relocation Assistance: Relocation assistance services shall certification thereof to the AGENCY. be provided to conform with departmental operating requirements.All relocation claims presented by displacees IV will be processed by the DEPARTMENT, but the actual NONDISCRIMINATION disbursement of monies shall be made by the AGENCY.As may be assigned by the AGENCY,the DEPARTMENT will The DEPARTMENT shall comply with RCW Chapter 49.60 res.R-and to and assist the AGENCY with an appeal as to , and with Title VI of the Civil Rights Act of 1964,42 USC¢ re lion assistance benefits filed by an aggrieved displaces; 2000d et seq. With respect to the work to be performed by however,the AGENCY shall remain responsible for any the DEPARTMENT during the contract,the DEPARTMENT appointment of a hearings officer, conducting hearings, shall not discriminate on the grounds of race, color, sex, maintaining records thereof, and rendering of the final national origin, marital status, age, or the presence of any decision of the AGENCY, sensory, mental, or physical handicap in the selection and retention of agents, subcontractors or in the procurement of Property Management Effective management of agency services or materials, leases, or equipment. controlled properties will be provided in the name of the AGENCY in conformity with departmental operating requirements. V E. At the completion of the project the DEPARTMENT will, VENUE either at its discretion or upon written request by the AGENCY, In the event that any parry deems it necessary to institute turn over to the AGENCY all records including appraisal and legal action or proceedings to enforce any right or obligation appraisal review reports, acquisition, relocation assistance, and under this AGREEMENT, the parties hereto agree that any property management records pertinent to the work performed such action or proceeding shall be brought in a court of by the DEPARTMENT. competent jurisdiction situated in Thurston County, Washington. III PAYMENT The DEPARTMENT shall be paid by the AGENCY for completed work and for services rendered under the AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, and incidentals necessary to complete the work. The DEPARTMENT acknowledges and agraes that only those costs actually allocable to a project shall b: caged to such project. vl . COMMENCEMENT AND TERMINATION OF ° AGREEMENT -� The work is of a continuing nature and will be in force as of the date of this AGREEMENT. Either party may terminate this AGREEMENT at any time upon not less than sixty(60)days written notice to the other party with or without cause.The AGREEMENT shall terminate three years from the date of execution hereof unless otherwise terminated or unless extended in writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first above written. AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By 1, Title Ttte DOT F,=a 75 EF R—v 11E Kent City Council Meeting Date Mav 2 , 2000 Category Consent Calendar 1 . SUBJECT: TEMPORARY CONSTRUCTION INSPECTOR - APPROVE AND AMEND BUDGET 2 . SUMMARY STATEMENT: Approve a budget amendment to the 2000 budget adding one temporary construction inspector. The position is to be paid from permit fees collected on the METRO Phase III Sewer Interceptor, and will terminate at the conclusion of the project . 3 . EXHIBITS: Memo of 4/10/00 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc . ) S . 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. 6E MEMORANDUM TO: COUNCIL OPERATIONS COMMITTEE FROM: BRENT McFALL SUBJECT: TEMPORARY CONSTRUCTION INSPECTOR DATE: April 10, 2000 Attached you will find a memorandum from Public Works Director Don Wickstrom requesting that the city hire a temporary construction inspector for the purpose of inspecting construction of Metro's Phase II Sewer Interceptor. This is a major project running through the city, and is in addition to our normal construction load. We have collected significant permit fees for this project which are sufficient to pay the cost of the inspector. I concur with Mr. Wickstrom's recommendation, and ask your approval. This will require a budget amendment to add this position. Recommended Motion: I move that the Operations Committee recommend to the Council for approval a budget amendment to the 2000 Budget adding one temporary construction inspector. The position is to be paid from the permit fees collected on the Metro Phase III Sewer Interceptor, and will terminate at the conclusion of the project. Kent City Council Meeting Date Mav 2 , 2000 Category Consent Calendar 1 . SUBJECT: TELECOMMUNICATIONS RIGHT-OF-WAY LICENSE AGREEMENTS - AUTHORIZATION 2 . SUMMARY STATEMENT: Conditional authorization for the Mayor to sign telecommunications street license agreements . The City has received, and continues to receive, a number of requests from fiber optic companies to underground portions of their fiber optic networks in various portions of the City' s streets . The City has developed the attached Limited Street License form, which gives the fiber optic companies the right to install and operate their systems in our streets . These agreements convey a limited real property interest in portions of the City' s street system for a term of years (5 - 10 years) and, accordingly, require Council authorization to grant these licenses . It typically takes 4 - 6 weeks to obtain Council approval, which can cause delay problems to the fiber com- panies ' planned construction schedules . However, these licenses are usually non-controversial and move through the authorization process without much discussion. As a result, staff requests that Council authorize the Mayor to sign these agreements without first obtaining Council approval if : (1) the license is granted on terms substantially similar to those attached in the "standard license form" ; and (2) the Public Works Director and the City Attorney concur that the license, including requested amendments, should be granted. 3 . EXHIBITS: Agreement 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc . ) S . 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. 6F _ LIMITED STREET LICENSE BETWEEN THE CITY OF KENT AND THIS LIMITED STREET LICENSE ("License") is entered into between the CITY OF KENT, a Washington Municipal Corporation ("City"), and a corporation("Licensee"). RECITALS WHEREAS, Licensee seeks to extend a fiber optic telecommunications system in the City of Kent; and WHEREAS, Licensee has requested that the City grant a franchise to use City right-of-way to extend these two transmission lines to the connection facility; and WHEREAS, at this time the City is developing a policy that will establish procedures and regulations for the franchise and use of its right-of-ways by telephone companies for the extension and development of wired telephone systems; and WHEREAS, the City cannot issue a franchise for a wired telephone system until this policy has been fully developed and issued; and WHEREAS, Licensee wishes to proceed with the construction of these two transmission lines before the City issues either its policy or a franchise to Licensee for that purpose; and WHEREAS, the City is willing to enter into this License under the terms and conditions set forth in this License so that Licensee can commence construction of its two planned transmission lines; NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants Licensee this Limited Street License for a period of five (5) years from the effective date of this License to install, construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect a fiber optic telecommunications system and all related equipment ("Telecommunications System") across, along, in, upon, and under the City's right-of-ways described in Exhibit A, which is attached and incorporated by this reference. A general description of the plans and specifications for this Telecommunications System is attached as Exhibit B. This License is subject to all the terms and conditions established below. LICENSE--Page 1 of 7 April 24, 2000 2. City Owned Facilities. Licensee shall provide and install a four inch (4") conduit with pullboxes for and on behalf of the City, at no cost to the City, as set forth more specifically in Exhibit B, attached and incorporated by this reference ("City Facilities"). The City Facilities shall be installed alongside and concurrently with the Fiber Optic Line within the borders of the City. The City intends to run its own innerduct and fiber optic line through the City Facilities at some future time and the City Facilities shall be adequate for such purpose. The City Facilities shall be owned by the City and, once installed, Licensee shall not be responsible for it. 3. Revocation and Termination. The intent of this License is to authorize Licensee to operate its Telecommunications System on the designated City right-of-ways, which right-of-ways constitute a valuable property interest owned by the City. This License does not grant an estate in the land described in Exhibit A; it is not an easement; it is not a franchise; it is not exclusive; and, it does not exclude the City from full possession of the property described in Exhibit A. As a license upon real property, it is revocable at the will of the City. However, prior to termination or revocation by the City, the City shall provide Licensee with at least sixty(60) calendar days written notice of that termination or revocation. Upon the effective date of the City's termination or revocation, the City may require Licensee to remove the Telecommunications System within thirty(30) calendar days; if Licensee fails to remove the Telecommunications System within the allotted time, the City may remove all or part of the Telecommunications System and Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Telecommunications System. 4. Permits Required. The City s grant of this License does not release Licensee from 4 any of its obligations to obtain applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect the Telecommunications System. Licensee's failure to comply with this Section 4 shall constitute grounds for immediate revocation by the City. 5. Relocation. Licensee shall, at its sole cost and expense, protect, support, temporarily disconnect, relocate or remove, all or a part of its Telecommunications System when required by the City for reasons of traffic conditions or public safety, widening or improvement of existing right-of-ways, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that Licensee shall, upon receiving approval and obtaining the necessary permits from the City, have the right to bypass in the authorized portion of the same right-of-way, any section of cable required to be temporarily disconnected or removed. 1 LICENSE--Page 2 of 7 April 24, 2000 5.1. For the purposes of this Section 5, any condition or requirement imposed by the City upon itself or any person or entity acting on the City's behalf, (including without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction, or development) that reasonably necessitates the relocation of Licensee's facilities within the right-of-ways described in Exhibit A shall be a required relocation for purposes of the previous subsection. 5.2. If the City, under its authority, causes a required relocation of all or part of the Telecommunications System, the City, at least sixty (60) calendar days prior to the commencement of the project requiring relocation, shall provide written notice to Licensee of the required relocation and shall provide Licensee with copies of pertinent portions of the plans and specifications for the project. After receipt of the City's notice, Licensee must complete the required relocation of its affected facilities at least ten (10) calendar days prior to the commencement of the project requiring relocation. Licensee will complete this required relocation at no charge or expense to the City. Further, Licensee's relocation shall be accomplished in a manner that accommodates and does not interfere with the project requiring relocation. 5.3. Licensee may, after receipt of the City's written notice requesting relocation, submit written alternatives to the City. The City will evaluate those alternatives to determine if any of the alternatives can accommodate the work that would otherwise necessitate the relocation of the Telecommunications System. If requested by the City, Licensee will submit additional information to assist the City in making its determination. The City will give each alternative proposed by Licensee full and fair consideration. In the event the City ultimately determines that no reasonable or feasible alternative exists, Licensee shall relocate its facilities as otherwise provided in this Section 5. 5.4. In the event that a relocation of any of the Telecommunications System is required by any person or entity other than the City, so long as that person or entity is not acting on the City's behalf in conducting any of the activities described in this Section 5, Licensee shall make those arrangements, including compensation for Licensee's relocation cost, that it deems appropriate with that person or entity. 5.5. The provisions of this Section 5 shall survive the expiration or termination of this License. 5.6 Licensee shall not be responsible for any costs associated with relocation of the City's four inch (4") conduit Facilities throughout this Section 5. LICENSE--Page 3 of 7 April 24, 2000 6. Undergrounding. Licensee shall, wherever possible, underground its Telecommunications System. Licensee shall not erect poles, run or suspend wires, cables, or other facilities, in any area where there are no aerial facilities, or in any area in which telephone, electric power wires and cables have been placed underground. Nevertheless, if at the time of permit application, the City does not require the undergrounding of all or part of the Telecommunications System, the City may, at any time while this License is in effect, require the conversion of Licensee's aerial facilities to underground installation at Licensee's sole cost and expense. 6.1. Whenever the City requires undergrounding of any aerial utilities in the street right-of-ways, Licensee shall underground its aerial facilities in the manner specified by the City concurrently with the other affected utilities. When other utilities are present and involved in the undergrounding project, Licensee shall pay its fair share of common costs bom by all utilities in addition to the costs specifically attributable to the undergrounding of Licensee's own facilities. Common costs shall include necessary costs not specifically attributable to the undergrounding of any particular facility, such as costs for common trenching and utility vaults. "Fair share" shall be determined for a project on the basis of the number and size of Licensee's facilities being undergrounded in comparison to the total number and size of all other utility facilities being undergrounded. 7. Emergency. In the event of any emergency in which any portion of the Telecommunications System breaks, becomes damaged, or in any other way becomes an immediate t danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this emergency work shall not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply for those permits within the next two succeeding business days. 8. Indemnification. Licensee shall comply with the following indemnification requirements: 8.1. Licensee shall defend, indemnify and hold the City, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, losses or suits, including all legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, but only to the extent of the negligence or comparative fault of Licensee, its employees, agents, contractors, subcontractors, consultants, subconsultants or assigns. 8.2. The City's inspection or acceptance of any of Licensee's work when completed shall not be grounds to avoid any of these covenants of indemnification. i LICENSE--Page 4 of 7 April 24,2000 8.3. These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, then Licensee shall indemnify and hold the City harmless as provided for in this Section 8 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties, Licensee shall indemnify the City regardless of whether the settlement was made with or without Licensee's consent. 8.4. In the event that Licensee refuses to tender defense in any claim, action or suit by a third party pursuant to this Section 8 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal, then Licensee shall pay all the City's costs for defense of the action, including all legal costs, witness fees and attorneys' fees and also including the City's costs, including all legal costs, witness fees and attorneys' fees, for recovery under this indemnification clause (Section 8). 8.5. The provisions of this Section 8 shall survive the expiration or termination of this Agreement. 9. Insurance. Licensee shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by Licensee, its agents, representatives, employees, contractors, subcontractors, consultants, subconsultants or assigns. 9.1. Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: 9.1.1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 9.1.2. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury,bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operationsibroad form property damage; explosion, collapse and underground (XCU); and employer's liability. 9.1.3. Excess Liabilitv insurance with limits not less than $2,000,000 per occurrence and aggregate. LICENSE--Page 5 of 7 April 24, 2000 9.2. Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 9.3. The City, its officers, officials, employees, agents, assigns and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Licensee and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. 9.4. Licensee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 9.5. Licensee's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail of any cancellation, suspension or material change in coverage. 10. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 11. Assignment. Licensee may assign all or any portion of its rights, benefits, and privileges, in and under this License subject to and conditioned upon approval of the City, which approval will not be unreasonably withheld or delayed. Licensee shall, no later than thirty(30) days of the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this License to the Trustee for its bondholders and assign to any subsidiary,parent, affiliate or company having common control with Licensee so long as notice of same is provided to the City and provided Licensee remains fully liable to the City for compliance with all terms and conditions hereof until such time as the City shall consent to such assignment as provided above. 11. Dispute Resolution; Venue; Jurisdiction. In the event of any alleged breach or threatened breach of this License by either party and if the City and Licensee are unable to cure the breach or otherwise resolve their dispute, then final resolution of this dispute or claim shall occur solely under the jurisdiction or venue of the King County Superior Court located in Kent, Washington. Each party shall also be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. i LICENSE--Page 6 of 7 April 24,2000 12. Notice.All notices, requests, demands, or other communications provided for in this License shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner. CITY OF KENT LICENSEE: Attn: City Clerk Attn: 220 Fourth Avenue South Kent, WA 98403 Please Copy to: 14. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. IN WITNESS, this Limited Street License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE By: By: JIM WHITE, Mayor Its: Date: Date: APPROVED AS TO FORM: By: THOMAS C. BRUBAKER Deputy City Attorney F\CinUILE \OpmFil=\ 2I\Liceuc Fom.l W899.doc LICENSE--Page 7 of 7 April 24, 2000 xl� Kent City Council Meeting Date May 2 , 2000 Category Consent Calendar 1 . SUBJECT: GARRISON CREEK PARK RENOVATIONS PROJECT - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by staff, accept the Garrison Creek Park Renovation Project by Fuji Industries as complete. On July 21, 1998 , Council approved contract Fuji Industries to make improvements to Garrison Creek Park. On September 29, 1999, a final inspection was completed and the project was approved by the Project Manager. 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. 6G �0 Kent City Council Meeting Date May 2 , 2000 Category Consent Calendar 1 . SUBJECT: RUSSELL ROAD BLEACHERS - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by staff, accept the Russell Road Bleachers Project by Outdoor Aluminum as complete . On January 5, 1999, the City of Kent contracted Outdoor Aluminum to replace and install new bleachers at Russell Road Park. On May 27 , 1999, the project was inspected and approved by the Project Manager. 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. 6H Kent City Council Meeting Date May 2 , 2000 Category Consent Calendar 1 . SUBJECT: WEST HILL SKATE PARK - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by staff, accept the West Hill Skate Park project by T.F. Sahli as complete . On January 5, 1999, the City of Kent contracted T.F. Sahli to construct a Skatepark on West Hill in Kent . On October 28 , 1999 staff inspected and approved the project . 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. 6I Kent City Council Meeting Date May 2 , 2000 Category Consent Calendar 1 . SUBJECT: GREATER KENT HISTORICAL SOCIETY MUSEUM PARKING LOT IMPROVEMENT - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by staff, accept the Greater Kent Historical Society Museum Parking Lot Project by Shear Transport as complete On September 1, 1998 , the City of Kent contracted Shear Transport to renovate the Greater Kent Historical Society Museum Parking Lot . On October 21, 1999, staff inspected and approved the project . 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. 6J Xw Kent City Council Meeting Date May 2 , 2000 Category Consent Calendar 1 . SUBJECT: GARRISON CREEK PARK RESERVOIR LID PROJECT - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by staff, accept the Garrison Creek Improvement project by Bell Contracting, LLC as complete . On November 16, 1999, the City of Kent contracted Bell Contracting, LLC to perform services on the reservoir lid at Garrison Creek Park. On February 2 , 2000, staff inspected and approved the project . 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. 6K �Wv, Kent City Council Meeting Date May 2 , 2000 Category Consent Calendar 1 . SUBJECT: RUSSELL ROAD DRAINAGE IMPROVEMENTS PROJECT - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by staff, accept the Russell Road Drainage Improvements Project by Kuhn & Associates as complete . In June 1997, Council approved contracting with Kuhn & Associates to make improvements to drainage at Russell Road Park. On September 15, 1999, a final inspection was completed and the project was approved by the Project Manager. 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. 6L �Xt Kent City Council Meeting Date May 2 , 2000 Category Consent Calendar 1 . SUBJECT: 2000 IAC GRANT APPLICATIONS - RESOLUTIONS 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, passage of Resolution Nos . /6&.6 , /566a , /51,7 , and 50 authorizing submittal of grant applications to the Interagency Committee for Outdoor Recreation for the acquisition and development of park land. Staff has identified the following top-priority projects that are eligible for statewide grant funds : 1 . Green River Greenbelt Gateway 2 . Canterbury Neighborhood Park 3 . Clark Lake Park 4 . East Hill Youth Sports Complex #1 5 . Lake Fenwick Park Boat Launch 3 . EXHIBITS: Resolutions 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. 6M RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing application to the Interagency Committee for Outdoor Recreation (IAC) for funding assistance pursuant to the Washington Wildlife and Recreation Program as provided for in Ch. 43.98A RCW. WHEREAS, the City of Kent has approved a comprehensive Park and Recreation Plan for the area that includes the Green River Greenbelt; and WHEREAS, under the provisions of the Washington Wildlife and Recreation Program, state and federal funding assistance has been requested to aid in financing the cost of land and facilities for local public bodies; and WHEREAS, the City of Kent considers it in the best public interest to acquire and develop the Green River Greenbelt Gateway project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The Director of Parks and Recreation is authorized to make formal application to IAC for funding assistance. 1 2. Any fund assistance received will be used for the development of the Green River " Greenbelt Gateway project. 3. The City of Kent anticipates that its share of project funding will be derived from donated property from the Boeing Company. 4. The City of Kent acknowledges it must support all non-cash commitments to the local share should they not materialize. 5. The City of Kent acknowledges that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility or habitat conservation area and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Kent, IAC, and any affected federal agency. 6. This resolution may become part of a formal application to IAC. 7. The City of Kent will provide appropriate opportunity for public comment on this application. Passed at a regular meeting of the City Council of the City of Kent, Washington this T day of 2000. Concurred in by the Mayor of the City of Kent, this day of , 2000. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 2 I APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2000. (SEAL) BRENDA JACOBER, CITY CLERK P\Ci lV luuon\I C.r 9.&c 3 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing application to the Interagency Committee for Outdoor Recreation (IAC) for funding assistance pursuant to the Washington Wildlife and Recreation Program as provided for in Ch. 43.98A RCW. WHEREAS, the City of Kent has approved a comprehensive Park and Recreation Plan for the area that includes Canterbury Neighborhood Park; and WHEREAS, under the provisions of the Washington Wildlife and Recreation Program, state and federal funding assistance has been requested to aid in financing the cost of land and facilities for local public bodies; and WHEREAS, the City of Kent considers it in the best public interest to acquire and develop the Canterbury Neighborhood Park area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The Director of Parks and Recreation is authorized to make formal application to LAC for funding assistance. 1 � 2. Any fund assistance received will be used for the development of the Canterbury Neighborhood Park project. 3. The City of Kent anticipates that its share of project funding will be derived from Capital Improvement Program funds. 4. The City of Kent acknowledges it must support all non-cash commitments to the local share should they not materialize. 5. The City of Kent acknowledges that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility or habitat conservation area and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Kent, IAC, and any affected federal agency. 6. This resolution may become part of a formal application to IAC. 7. The City of Kent will provide appropriate opportunity for public comment on this application. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 2000. Concurred in by the Mayor of the City of Kent, this day of 12000. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 2 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2000. (SEAL) BRENDA JACOBER, CITY CLERK P'CiNMt Iueiun\AC.rc9.d 1 3 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing application to the Interagency Committee for Outdoor Recreation (IAC) for funding assistance pursuant to the Washington Wildlife and Recreation Program as provided for in Ch. 43.98A RCW. WHEREAS, the City of Kent has approved a comprehensive Park and Recreation Plan for the area that includes Clark Lake Park; and WHEREAS, under the provisions of the Washington Wildlife and Recreation Program, state and federal funding assistance has been requested to aid in financing the cost of land and facilities for local public bodies; and WHEREAS, the City of Kent considers it in the best public interest to acquire the forty-acre Mordhorst property to further develop the Clark Lake Park area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The Director of Parks and Recreation is authorized to make formal application to IAC for funding assistance. '— 1 2. Any fund assistance received will be used for the acquisition of Clark Lake project (Mordhorst property). 3. The City of Kent anticipates that its share of project funding will be derived from Capital Improvement Program funds. 4. The City of Kent acknowledges it must support all non-cash commitments to the local share should they not materialize. 5. The City of Kent acknowledges that any property acquired or facility developed with LAC financial aid must be placed in use as an outdoor recreation facility or habitat conservation area and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Kent, IAC, and any affected federal agency. 6. This resolution may become part of a formal application to IAC. 7. The City of Kent will provide appropriate opportunity for public comment on this application. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 2000. Concurred in by the Mayor of the City of Kent, this day of , 2000. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 2 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2000. (SEAL) BRENDA JACOBER, CITY CLERK P\Civ MN ciuiioo\I C.=1 Ld 3 r� RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing application to the Interagency Committee for Outdoor Recreation JAC) for funding assistance pursuant to the Washington Wildlife and Recreation Program as provided for in Ch. 43.98A RCW. WHEREAS, the City of Kent has approved a comprehensive Park and Recreation Plan for the area that includes the East Hill Youth Sports Complex 41; and WHEREAS, under the provisions of the Washington Wildlife and Recreation Program, state and federal funding assistance has been requested to aid in financing the cost of land and facilities for local public bodies; and WHEREAS, the City of Kent considers it in the best public interest to develop the youth ballfields at the East Hill Youth Sports Complex #1 project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The Director of Parks and Recreation is authorized to make formal application to IAC for funding assistance. 1 I 2. Any fund assistance received will be used for the development of the East Hill Youth Sports Complex #1 youth ballfield project. 3. The City of Kent anticipates that its share of project funding will be derived from Capital Improvement Program funds, donations, and other local grant programs. 4. The City of Kent acknowledges it must support all non-cash commitments to the local share should they not materialize. 5. The City of Kent acknowledges that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility or habitat conservation area and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Kent, IAC, and any affected federal agency. 6. This resolution may become part of a formal application to IAC. 7. The City of Kent will provide appropriate opportunity for public comment on this application. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 2000. Concurred in by the Mayor of the City of Kent, this day of , 2000. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 T I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2000. (SEAL) BRENDA JACOBER, CITY CLERK P\0"MmolutfonWc.m s'A c j RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing application to the Interagency Committee for Outdoor Recreation (IAQ for funding assistance pursuant to the Washington Wildlife and Recreation Program as provided for in Ch. 43.98A RCW. WHEREAS, the City of Kent has approved a comprehensive Park and Recreation Plan for the area that includes the Lake Fenwick Park; and WHEREAS, under the provisions of the Washington Wildlife and Recreation Program, state and federal funding assistance has been requested to aid in financing the cost of land and facilities for local public bodies; and WHEREAS, the City of Kent considers it in the best public interest to develop the Lake Fenwick Park boat launch; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The Director of Parks and Recreation is authorized to make formal application to IAC for funding assistance. 1 2. Any fund assistance received will be used for the development of the Lake Fenwick Park boat launch project. 3. The City of Kent anticipates that its share of project funding will be derived from the Gunther Family Trust Donation of Property. 4. The City of Kent acknowledges it must support all non-cash commitments to the local share should they not materialize. 5. The City of Kent acknowledges that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility or habitat conservation area and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Kent, IAC, and any affected federal agency. 6. This resolution may become part of a formal application to IAC. 7. The City of Kent will provide appropriate opportunity for public comment on this application. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 12000. Concurred in by the Mayor of the City of Kent, this day of , 2000. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 2 I� APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2000. (SEAL) BRENDA JACOBER, CITY CLERK P9Ci.Mmolmion"C r=7&a 3 ® Kent City Council Meeting Date May 2 , 2000 Category Consent Calendar 1 . SUBJECT: INTERURBAN PEDESTRIAN TRAIL BRIDGE - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Interurban Pedestrian Trail Bridge contract as complete and release retainage to Paul Scalzo upon standard releases from the State and release of any liens . The original contract amount was $63 , 908 . 00 . The final construction cost was $64 , 736 . 38 . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N Kent City Council Meeting Date May 2 , 2000 Category Consent Calendar 1 . SUBJECT: 3 . 5 MILLION GALLON WATER TANK - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 3 . 5 Million Gallon Water Tank contract as complete and release retainage to Coatings Unlimited upon standard releases from the State and release of any liens . The original contract amount was $212 , 584 . 50 . The final construction cost was $213 , 561 . 90 . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 �1,�4- l-cL �_cl� �y Gcf �,-z,� c�� - � Kent City Council Meeting Date May 2 , 2000 Category Bids 1 . SUBJECT: EXTERIOR REPAIR WORK AT KENT FIRE STATION 74 2 . SUMMARY STATEMENT: The bid opening for the Roof and Siding Repair Project at Kent Fire Station 74 was held on April 19, 2000 . Staff recommends awarding the contract to Valhalla Construction at $87, 574 , plus Washington State Sales Tax. 3 . EXHIBITS: Bid tab 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 61to seconds to award the contract to Valhalla Construction for the Exterior Repair Work at Fire Station 74 in the amount of $87, 574 , plus Washington State Sales Tax. DISCUSSION: ACTION: Council Agenda Item No. 8A PARKS FACILITIES BID TAB PROJECT:CITY OF KENT EXTERIOR REPAIR WORK AT KENT FIRE STATION 74. BID OPENING APRIL 19, 2000 BIDDER BID Valhalla Construction $87,574.00 JC Contracting $89,554.00 JPL Construction $98,881 .00 T. Miller Construction $130,500.00 REPORTS FROM STANDING COMMITTEES AND STAFF ^ A. COUNCIL PRESIDENT W Vy C - B. OPERATIONS COMMITTEE CO gad 1t TL !�- C7 n1r ' sfiTu¢n d' , � T C. PUBLIC SAFETY COMMITTEE m S D. PUBLIC WORKS aC" l �R Y1ti�`� y� L�v,�J 3 oYl" E. PLANNING COMMITTEE F. PARKS COMMITTEE-0 k19 In G. ADQM�INISTRATIVE LREPORTS (_Xg / C C d"JAL L� 7( 1 LvCQ� 4 l J[J C- P_G✓ CM- REPORTS FROM SPECIAL COMMITTEES fo /A c' arc �a_. r-, OPERATIONS COMMITTEE MINUTES MARCH 21, 2000 COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Judy Woods, Tim Clark STAFF PRESENT: Brent McFall, Dena Laurent, May Miller, Tom Brubaker, Jackie Bicknell PUBLIC PRESENT: John Santana Committee Chair Rico Yingling called the meeting to order. Approval of Minutes of February 1, 2000 Committee Member Tim Clark moved to approve the minutes of February 1, 2000. Committee Member Judy Woods seconded the motion and it passed 3-0. Approval of Vouchers Dated March 15, 2000 Judy Woods moved to approve the vouchers dated March 15, 2000. Tim Clark seconded the motion which passed 3-0. Vallev Com Interlocal Agreement Deputy City Attorney Tom Brubaker said the Valley Communication Center (Valley Com) is the conduit through which all 911 calls pass before they go out to respective fire and police departments and ambulance services. Valley Comm was originally created 15 or 20 years ago with four member cities: Auburn, Kent, Tukwila and Renton. Since that time it has reached throughout the South County Region, and other cities have subscribed to the Valley Com Service. One of the largest subscribers has been the City of Federal Way who has come to Valley Com and asked to become a member city. The Valley Com Administration and Operation Board has agreed to let Federal Way become a full-fledged member city. The Interlocal Agreement includes all the addenda that have passed since the original agreement was signed and incorporates Federal Way as a fully fledged member city. Federal Way will become a 20%, or 1/5`h, owner in the hard construction facility that is to be created. Membership share will not be based on population in terms of ownership of property or improvements to property. The City of Federal Way will make payment for calls sent out from the city on a per call basis member city's share, which is slightly less than for the subscriber cities' share because of membership Director of Operations Brent McFall said there are two rate structures, one for the owner cities and one for all the contract agencies that exist. Federal Way will benefit by gaining the member/owner rate for dispatched calls which has been the way the operating expense of Valley Com has been covered over the years. Ownership of the business is equally shared among the owners, and the benefit to the four original owners of adding Federal Way as member or owner agency is one of spreading the capital cost over five cities instead of four. Operations Committee,3/21/00 Page 2 Mr. McFall said corrections were made to the Interlocal Agreement to make it conform to �. actual practice, as things have changed after 20 years and are done differently now. _ Finance Director May Miller interjected that the major city administrators and finance directors reviewed all the documents to make sure the language was changed to reflect current operation practices. Everyone cooperated to get to the final document, and then it was taken back to the Mayors and approved by them. Brent McFall said the item had been to the Council's Public Safety Committee who is recommending it to the full Council for adoption and was brought to the Operations Committee for discussion purposes since it affects operation budget issues. Vallev Com Public Development Authority Tom Brubaker said the Valley Com Public Development Authority resolution has three exhibits attached to it: an ordinance, a charter, and bylaws. Valley Com has run out of space to expand in their existing facility and has been going through a process of searching for a new site to construct a new facility. A site has been located in Kent at the southwest comer of the 108`h Street intersection with the new 2771h Street corridor, and Valley Com has begun the permit process. The project will cost approximately $16 million and will be a complicated facility because of the service that's provided by Valley Com. If there is an earthquake or other natural disaster, the facility will still need to be operating, and so there are special constraints on construction that make it an expensive building. The member cities, with Federal Way participating, discussed what would be the best way to fund the new facility and they agreed that would be to issue one bond under one authority to be paid off over time. No single city wanted to step forward and do that because of the encumbrance it would put on the bonding capacity of each city if they took on the full load. So it was decided to create a Public Development Authority which would be a separate independent governmental agency that could issue its own debt. The resolution endorses the Public Development Authority concept and includes the ordinance, charter, and bylaws that are proposed for the Public Development Authority. Kent will be the issuing agency for the Public Development Authority, but the documents have been drafted in such a way that responsibility or liability will be shared among the member cities. Brent McFall added that the facility is in the City of Kent and there is no provision in the law that allows for a Public Development Authority to be created by multiple agencies. Valley Com does not exist as a governmental entity, but as an entity created by the four original cities so it has no ability to issue its own debt. Tom Brubaker said that when the PDA is formed, it will be a separate agency with a wall of immunity for liability from the agency to the City of Kent. The resolution is a statement of endorsement that the City of Kent is behind the idea of creating the PDA. The actual ordinance, which will be approved later, is exhibit "A" to the resolution and will give the go ahead to form the PDA so that when the time comes to issue the debt, which is expected to be in mid to late summer, everything will be in place and ready to go. Operations Committee, 3/21/00 Page 3 The Board of the PDA is the operating board of Valley Com which consists of the mayors of the five member cities. When they meet as a Valley Com administration board, they will be able to adjourn and then quickly reconvene as the Public Development Authority Board to conduct business for the project. May Miller added that the board will be issuing the debt and then servicing the debt or collecting the money from the five cities and making the debt payments each year. They will also handle the draws for the construction of the Valley Com facility. Tim Clark asked how much of the operating expense for Valley Com comes from the EMS Levy. Mr. McFall said he didn't have the information right then but could get it. He said it is primarily a local responsibility, but there is some funding assistance for equipment. Tom Brubaker added that a portion of every payment made by the contracting cities goes toward the building fund, building maintenance, and operations. The estimated cost of the new facility is about $16 million and the amount of debt approved for the PDA to generate is slightly less than $11 million. A little over three million will be coming from other sources. Mr. McFall added that $6-7 million of the cost is for sophisticated technology equipment that evolves over time, and the evolution of the system is being coordinated with the move into the new service so as not to install it in the old facility and then have to shut it down and move it. Mike Sweeney, former Lieutenant of the Kent Police Department has been hired by Valley Com as the Project Manager. Mr. Sweeney did the project management for Police Headquarters. Judy Woods asked what the time line was for the beginning of construction. Tom Brubaker said the plan is to go to bid in late summer or early fall, with construction starting in the fall of 2000 and the facility operational in the summer of 2001. May Miller said all five of the cities are required to pass both the interlocal agreement and the resolution for Federal Way to belong to the PDA. Tom Brubaker said the five cities will pass it in ordinance form. Kent is passing it in resolution form to speed up the process and because a resolution is effective upon passage. Unlike the other cities, Kent has to take the second step of actually enacting the PDA, and passing the agreement as an ordinance would slow down the process. The ordinance is exactly the same as the resolution. January Financial Report May Miller said it was difficult to tell a whole year's trend with just one month, but the graphs show the adjusted budget and any adjusted trends with all known one-time-onlys or special events that might change a trend. The revenue is plotted, along with the expenditures, and what each fund should look like. The General Fund graph, page 3 of the report, shows that January was 1.6% over budget with revenue. Some staff positions are still on hold, so expenditures were a little under budget. Some positions will continue to be on hold until it's seen how the sales tax will come in. Property Tax is almost always collected at 98-99%, so it should come in right on budget, but Sales Tax is really volatile. Page 6 shows the Sales Tax graph. Sales Tax figures have been received for January and February, and January was 10% over budget Operations Committee,3/21/00 Page 4 and February 25% over budget. However, the graph for March shows that the tax was back down to budget. January and February figures are for November and December sales, which was at Christmas time when retail sales were good across the nation. March's figures are for January sales which show retail sales had -one back down. The Page 7 pie charts show that Contracting percentages were close to budget,just 1.6% under. Wholesale has turned around and instead of being under budget as it was the last nine months, was over budget for January. Services and Manufacturing were 3 %% over. Retail, Manufacturing, Service, and Wholesale were all looking strong for the month of January, as reflected in the graph. Through March the figures are about 10% over budget. Utility Tax was 4 1/2% over budget in January. The telephone revenue, probably related to cell phone activity, appears to be what's pulled the Utility Tax up. Building Permits were a little down in January, but those are very cyclical and should be looked at over time, not just for a one month period. Recreation Fees, and Fines and Forfeitures were a little under budget, which could be from the weekend effect because of good weather, or how courts run and when fines are collected. Overall, January was running a little under budget in total. Revenue was over and Expenditures not quite under, but those will even out over time. Page 14 shows 24 positions still vacant in the General Fund. Some are marked " still on hold", or are ones that are planned to be filled later in the year. There were 36 total vacant positions for January. Tim Clark commented that the General Budget Analysis shows the estimated actual revenues to be $53 million and the total revenue expenditures to be $56 million, which leaves a big deficit. May Miller responded that the way Kent budgets, and the way all cities budget, is to count part of the beginning cash as part of the available sources to spend. There will be some left over, and a beginning balance is budgeted which is a known amount. That is watched very closely and is really what funds the expenditures. Another way to do it would be to under budget salaries and not fund them for a full 12 months of the year. The City has never spent 100% of all of its salaries because there's always turnover, lag, illness and other things that causes that expenditure to be under. It is known that revenue will be over because of conservation and expenditures will be under and that creates the beginning balance. Other cities actually pull that beginning balance up, count it and call it sources and uses rather than revenue. When staff brings the financial forecast to a Council workshop, it will be shown as sources and uses. Under the Street Fund analysis for the 2000 budget, shown on page 15, there is a pound number sign next to the Motor Vehicle Registration Fee which is the separate registration fee that local governments can collect. There has been some debate whether or not that would be collected, but it looks like it will be collected on the tab fee and the City will be receiving it. That amount isn't in the budget right now, but will be added back. The Capital Improvement Fund benefited from the stronger sales tax, but the Real Estate ` Excise Tax, which has to do with the selling of property, was down, but they all usually Operations Committee, 3/21/00 Page 5 balance out over time. As interest rates go up, that tax actually sometimes goes down because not as many big properties buy and sell. The Criminal Justice Fund did fine and the other portion of the grant funded patrolmen's salary will be paid out of that fund. It was thought that a significant amount of that money related to the Motor Vehicle Excise Tax would be lost, but in fact part of that was coming from another source and rather than $140,000, only $100,000 will be lost. So $40,000 will be added back into the budget. The fund is based on population and because of the increase in Kent's population, the City has been collecting a little more than what was budgeted. Rico Yingling asked if the spending for Capital Projects was at the budgeted or the forecasted rate. May Miller said right now the money is spent at the forecasted rate, although things are held up a bit because the real estate excise tax is unknown. The cash flow on projects is watched in case some money has to be held out. The projects that need to get done right away are done the earliest, and the others are held to make sure there is enough cash. The Golf Course, Water, and Sewer funds have not been included in the report because those are still being finalizing. The Golf Course looks like it's doing well as far as the green fees go and the weather has been cooperating. The meeting was adjourned at 4:37 PM. Jackie Bicknell City Council Secretary /�\. '1 PUBLIC WORKS COMMITTEE MINUTES MARCH 20, 2000 COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Rico Yingling, (Committee Member Connie Epperly was absent.) STAFF PRESENT: Don Wickstrom, Cyndi Wilbur, Steve Mullen, Sandy Amodt, Dan Meeker, Roger Lubovich, Gary Gill, Tom Brubaker, Jackie Bicknell PUBLIC PRESENT: Elsy Rust, Jim Rust, Mary McGeorge, Carolyn E. Doty, Ella Mae Pruitt, Barbara L. Valentine, Elsie Rossart, Bob Golden, Vivian Golden, John Santana The meeting was called to order by Chair Tim Clark at 4:12 PM. There were two items added to the agenda: Item I - Introduction of New Transportation Engineer, and Item 4 — Crosswalk at 2601n Approval of the Minutes of March 6, 2000 Committee Member Rico Yingling moved to approve the minutes of March 6, 2000. The motion was seconded by Chair Tim Clark and carried 2-0. Introduction Public Works Director Don Wickstrom introduced Steve Mullen, the new Transportation Engineer for the City of Kent. Mr. Mullen was the former Transportation Engineer for the City of Auburn and is also a licensed Professional Engineer. Surplus Vehicles Authorization Don Wickstrom said there is a list of vehicles that did not meet the replacement point schedule, which is a combination of year and mileage. They have mechanical problems and staff needs to get rid of them now in order to save money. It would cost more to keep them than to replace them. Rico Yingling moved to recommend authorization for Council to declare these vehicles as surplus and authorize the sale thereof at the next public auction. Tim Clark seconded the motion and it passed 2-0. Gowe Street Crosswalk and Si;nage Petition Don Wickstrom said a petition was received in September, 1999, but because of being short staffed, along with a heavy work load, it took a long time to respond to the issue. The petition asks for three things: stop signs at the intersection of 51n and Gowe,which would mean a full stop on Gowe; crosswalks at 5`n and Gowe; and a sign that says "Seniors Crossing". Staff does not support any of the requests because of the inherent feeling of safety that those issues would provide. Council Member Sandy Amodt has pursued the crosswalk idea and because of that, staff is willing to concede that issue. The Mayor has asked that it be brought to the Council for their full concurrence before it would be installed. Public Works Committee, 3/20/00 Page 2 A nationwide study shows that marked crosswalks are actually more hazardous than unmarked crosswalks because they give people a feeling of safety. Pedestrians need to be alert when they cross the street and that's why staff is not proposing either the stop sign or the crosswalk. Stop signs are a different issue related to the Manual on Uniform Traffic Control Devices which dictates when stop signs can be installed. In this case, the stop signs are not warranted so they would become neglected by drivers over time, which increases the hazard potential at that intersection. The basic concern is that the proposed requests would give a false sense of security or safety and would actually lead to more accidents than presently occurs. The cost for a marked crosswalk is S2,000-S3,000 because the wheelchair ramps would have to be installed which means removing the existing curbing and sidewalks at the corner. It would also mean a loss of parking stalls along Gowe because of the site distance issue. The cars would have to be cleared away from the crosswalk so drivers could see pedestrians and pedestrians could see cars when they entered the crosswalk. Tim Clark commented that with the plans for the expansion of the Centennial Building and City Hall, Titus Street would be closed. Along with that and the arrival of the train station downtown, additional stress would be put on all roadways with higher vehicle loads and thus more pressure on Gowe Street. Don Wickstrom said that Gowe, Meeker, and Smith are the more highly used east/west roads in the downtown area. Citizen Ella Mae Pruitt, 309 51h Avenue South, Apt 309, Kent, said a lot of people get off of the Shopper Shuttle Bus on Meeker and cut through the area by the Chamber of Commerce and the Deli. They walk from there to either Gowe, Titus, or Webster rather than riding the bus all the way up, transferring and riding around in a circle and then going back, and that is where a lot of the pedestrian traffic comes from. Ms. Pruitt said she did nt understand the concept of the unmarked crosswalk and thought people were only allowed to cross on marked crossways. Don Wickstrom explained that people can cross at intersections whether they are marked or unmarked. 5`h Avenue at Gowe is an unmarked intersection. When crosswalks are marked, the pedestrian feels there is an added safety feature because it's marked and they are a little less alert of what's happening on the street. The City's Traffic Engineer has looked at the number of pedestrian accidents in the City and there have been 42-44 with a 11 to 1 relationship in the number occurring in marked crossings versus unmarked crossings. There are 10 times as many accidents occurring in marked crossings versus unmarked crossings which is an issue of alertness both of the driver and the pedestrian. People need to be cautious whether the crosswalk is marked or unmarked and the studies have shown that if they are marked, people are less alert and therefore the accident potential goes up. Ms. Pruitt asked about a speed limit sign for cars coming around the curve. Steve Mullen said a speed limit sign could be put there, but the issue is how to get drivers to drive at our below the speed limit, not that people don't know what the speed limit is. Drivers are not unaware of the speed limit. Tim Clark said with the heavy flow of traffic on Meeker, Public Works Committee,3/20/00 Page 3 people purposely choose Gowe to make the connection by QFC and there are problems with people exceeding the speed limit. Rico Yingling asked if there was data on the speeds on Gowe Street and said he would like more background information. He asked if there have been pedestrian/vehicle incidents on the street in that area. Don Wickstrom said the accidents listed were not related to that issue or intersection. Steve Mullen noted there were no reported pedestrian accidents at that location in the last year, but there is a perception that the cars travel fairly briskly through there. Rico Yingling asked if the Neighborhood Traffic Control process had been used for the issue. Steve Mullen said that program is directed more towards neighborhood streets. Gowe is an arterial and some of the measures used in that program aren't particularly effective on arterials because the program takes into account peer pressure of people living in a neighborhood. Mr. Yingling said he would like to know if there is speeding and how many vehicles are involved. Steve Mullen said speed data shows the 85`h percentile speed (or the speed at which 85% of the cars are traveling) is 28.2 miles per hour in one direction and approximately 30 miles per hour in the other direction. There may be people traveling over that speed, but the bulk of the motorists are traveling at that speed. City Council Member Sandy Amodt said in making a map of the entire downtown area, she cited other crosswalks located in the middle of streets similar to 5`h Avenue at Gowe. She also marked any streets that had curves in them for sight issues, and said there does not appear to be a sight issue at the proposed crosswalk site for a car coming around the comer. Ms. Amodt stated she had understood approximately three weeks ago that a traffic study would be done with a traffic counter put across the road to determine what the speed limits were and how many vehicles were driving up and down the road. A number of folks walk across the street on a daily basis and it's a very rare occasion that a car is coming when somebody is walking across the street. The line of vision is very excellent in that area. She said asking for a crosswalk seems like a reasonable request from the seniors considering they would rather avoid having to walk all the way to 4`h Avenue, cross, and walk back to go to the new deli restaurant, The Chamber of Commerce, dry cleaners, or bank. Some of the seniors have mentioned they are fearful of having to walk to 4`h Avenue because of the speed of the cars. Ms. Amodt passed around pictures showing where the proposed crosswalk would be and of other streets with crosswalks in the middle of the street. Rico Yingling asked Ms. Amodt what she thought of the seven year study done in San Diego that shows unmarked crosswalks are safer than marked ones by at least two to one. Ms. Amodt said she understood the logic and agrees with the study 100%. But Gowe is not traveled much compared to 4`h Avenue, and the other crosswalks cited are either equally traveled or more heavily traveled. She stated that an actual traffic study should be done so there is something more applicable to the Kent area. Steve Mullen said that in 1999, Kent had 44 reported pedestrian accidents, and 22 of those took place in marked crosswalks. Only two were in unmarked crosswalks. There Public Works Committee, 3/20/00 Page 4 is no data as to how many pedestrians use marked crosswalks in Kent versus unmarked, but a person is 11 times as likely statistically to be hit in a marked crosswalk as an unmarked crosswalk in Kent. Sandy Amodt said she felt the City owed it to the seniors to do a traffic study. The seniors have been asking for the crosswalk for many years and would understand and accept whichever way the study went, but she said she understood about the safety issue and agrees with that. Steve Mullen said all the data hasn't been complied, but it looks like 1400 cars per day travel in the eastbound direction and about the same number in the westbound direction, with ballpark figure of 2700 to 2800 vehicles per day using the roadway. Ms. Amodt commented that just up the street a block there is a crosswalk in the middle of the street, and there are a number of other crosswalks similarly situated in downtown Kent. She asked why a crosswalk at 5`h and Gowe would be any different from the rest. Steve Mullen said the distinction is that the mid block crosswalks referred to are required per the Uniform Traffic Control Devices manual. A mid block crosswalk has to be signed and marked. A crosswalk already exists by law at the proposed crosswalk site at 5`h and Gowe. The distinction is that it is not marked, but the rights of the pedestrian and the obligations of the motorist are exactly the same whether the crosswalk is marked or unmarked at an intersection. Mid block the pedestrian can cross the street but the vehicle has the right of way. At the intersection the pedestrian always has the right of way. Sandy Amodt asked if the seniors could be guaranteed that there is actually a crosswalk at 5`h and Gowe and that they have the right of way and won't be reprimanded for jaywalking. Don Wickstrom said it was a matter of educating the seniors that it is a legitimate crosswalk. The Public Works traffic people tour senior residents' homes educating the seniors about traffic signals, and can add the crosswalk subject to the meetings. Rico Yingling moved that the Committee table the installation of the marked crosswalk on Gowe Street and the accompanying wheelchair ramps. Tim Clark seconded the motion and the motioned passed 2-0. Tim Clark clarified for the seniors in the audience that the item was tabled and the Traffic Safety Division would visit the area and explain how to use the 4`h Avenue crosswalk and how to deal with the signalization there, and then how to deal with crossing 5`h and Gowe. Sandy Amodt asked if a traffic "Slow Down" sign would be put in to address the concern with speeders. Mr. Clark responded that that would be dealt with by enforcement from the Police Department. He said if speed limit signs aren't slowing drivers down now, putting another sign up won't slow them down. Public Works Committee, 3/20/00 Page 5 Crosswalk at 260`h and Benson Ella May Pruitt said there used to be a marked crosswalk on 260`h and Benson but when the new Home Depot was built, part of that street was torn up, and the crosswalk had never been repainted. When Ms. Pruitt and another lady tried to cross the street there, one driver yelled at them and told them in no uncertain terms that they could not cross because there wasn't a crosswalk. Tim Clark said the area in question was not at an intersection so there was no legal unmarked crosswalk. Don Wickstrom said there used to be a mid-block crosswalk there, but when the south side got redeveloped and the Home Depot located there, the crosswalk was eliminated. Ms. Pruitt asked if it was still legal to go ahead and walk across the street there. Mr. Wickstrom replied that it was not. Since the marked crosswalk is gone, it is no longer a legitimate mid block crosswalk. The meeting was adjourned at 4:53 PM. Jackie Bicknell City Council Secretary CONTINUED COMMUNICATIONS A. � 7 Sf c EXECUTIVE SESSION