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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/05/2002 City of Kent City Council Meeting Agenda KEN T W A 5 H I N G T O N Mayor Jim White Councilmembers Tim Clark, Council President Connie Epperly Bruce White Leona Orr Judy Woods Julie Peterson RicoYingling March 5, 2002 Office of the City Clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING March 5, 2002 KENO T Council Chambers W•SHHGTGw 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS: Tim Clark, President Connie Epperly Leona Orr Julie Peterson Judy Woods Bruce White Rico Yingling xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 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. Employee of the Month 5 . PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Energy Audit Agreement - Authorize D. Corrections Facility Structural Report - Authorize E. Russell Road Maintenance Security - Authorize F. Public Works Trust Fund Loan Agreement - Authorize G. Willow Point Final Plat (aka Blueberry Farm Final Plat) - Approve H. Swan Co p I ' lion III Bill of Sale - Accept L ot� r2 T 7 . OTHER TNES A. Term Limit Repeal - Ordinance B: Public Record Requests Procedures - Ordinance 8 . BIDS A. East Hill Youth Sports Complex 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL TEES 11 . CONTINUED COMMUNICATIONS 12 . EXECUTIVE SESSION A. Property Acquisition B. Pending Litigation 13 . ADJOURNMENT NOTE A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page is on the City of Kent web site at www.d.kent.wa us 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 � 1 e n P 4 Citizens wishing to address the Council wa;l y at this time, make known the subjeci of interest, so 4;�, may be properly heard. Al FROM COUNCIL, ADMINISTRATION, OR STAFF a i B) FROM THE PUBLIC i } i � 1 i r 1 } r e ' - # .= P G" 1C'(3 I CATI ORS ' f , rt Uv' A A? EMPLOYEE OF T3E` MONTH 4 . s r f i t , ' E i i i 1 6 . City Counoij Action: Councilmember moves, Councils' seconds to approve Consent Calendar Items A' t o�gh kY Discussion ; f Action r i j i 6A. Approval of Minutes . Approval of the minutea', of the regular Couilm�ting of February 19, 2002 . �, I r 6B. Approval of Bills . Approval of payment of the bills received t otvh February 15 and paid on February 15, after auditing by tht ,aerations ' Committee on February 1§, 2002 . k , ` f Approval of checks issued for vouchers: Date Check Numbers , '3�ptcZxkt 2/15/02 Wire Transfers '1117-1124 2/15/02 Prepays & 529335 2/15/02 Regular 529973 j4 , &035 . 62 ;$,468y088 . 03 Approval of checks issued for payroll for ? S"ry 1 through February 15 and paid on 'February 19, 2002 : Date ',Check Numbers unt 2/19/02 Checks i258290-258613 2 ,,123 .20 2/10/92 Advices �124631-125331b20, 133 . 62 { -Council Agenda -item No. 6 A-B t - • Kent, Washington February 19, 2002 The regular meeting of the Kent City Council was called to order at 7 : 08 p.m. by Mayor White . Councilmembers present : Clark, Epperly, Orr, Peterson, White, and Woods. Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford, Interim Fire Chief Hamilton, Public Works Director Wickstrom, Finance Director Miller, Parks, Recreation and Community Services Director Hodgson, and Information Technology Director Mulholland. Approximately 85 people were at the meeting Councilmember Yingling was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA Other Business Item 7C was added to the agenda by Council Member Orr; Other Business Item 7D was added by Council President Clark; City Attorney Brubaker requested that Consent Calendar Item K be removed from the agenda and that an executive session regarding real property interests be added. There was no obDection to any of the changes . (CFN-198) PUBLIC COMMUNICATIONS King County Council Member Julia Patterson. Ms. Patterson noted that because Kent has two representatives on the county council , the city is well represented on all county issues . She expressed her desire as a county official to work with the city officials to address regional problems and challenges . She stated that all levels of government are experiencing budget problems, and that the changing situation demands that the city and the county partner in order to provide services to constituents . (CFN-198) Community Arts Support Program Presentation. Ronda Billerbeck of the Parks Department announced the recipients of the 2002 Community Arts Support Program Awards as follows . Rainier Symphony, Rainier Chorale, Kent Parks, Recreation and Community Services Specialized Recreation Program, Kent Downtown Partnership, Northwest Renaissance Poets, Performers and Publishers, and Kent Senior Activity Center. Mayor White presented each with a certificate. Brenda Abney of the Parks Department and Mayor White then presented certificates to the following teen artists who helped create this proDect : Josiah Colburn, Andrew 1 Kent City Council Minutes February 19, 2002 PUBLIC COMMUNICATIONS Brown, Chris Coleman, Carey Zang, Lisa Bredison, Ashley Evans, and Cameron Quinn. (CFN-839) Employee of the Year. Mayor White announced that Joe Bartlemay, Accounting Technician in the Finance Department, has been chosen as the first ever Employee of the Year. He noted that Joe is always professional, cheerful and efficient, and that he works many long hours assisting others . Finance Director Miller added that Joe is willing to take on anything that is asked of him and is there for everyone. She said it is an honor and a privilege to have him in her department . Bartlemay thanked Ms . Miller and Bonnie Fell for their support and encouragement, and said it is an honor to serve the city he lives in. (CFN-147) CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through S, with the exception of Item K. Woods seconded. Brubaker asked that revised legal description B-1 be included in Item C. Clark and Woods agreed and the motion carried. MINUTES (CONSENT CALENDAR - ITEM GA) (CFN-198) Approval of Minutes . Approval of the minutes of the regular Council meeting of February 5 , 2002 . BILL OF SALE (CONSENT CALENDAR - ITEM 6D) (CFN-464) Country Club Division II Bill of Sale. Accept the Bill of Sale for Country Club Village Division II submitted by SWG Construction, Inc. for continuous operation and maintenance of 1160 feet of street improvements and 1300 feet of storm sewers . Bonds are to be released after the one-year maintenance period, as recommended by the Public Works Director. This project is located at 25244 136th Avenue Southeast . COMPREHENSIVE PLAN AMENDMENTS (CONSENT CALENDAR - ITEM 6C) (CFN-377) 2001 Comprehensive Plan Amendments. Adoption of Ordinance No. 3589 relating to 2001 Comprehensive Plan Amendments CPA-2001-2 (A) , CPA-2001-2 (B) , CPA-2001-2 (C) , 2 Kent City Council Minutes February 19, 2002 COMPREHENSIVE PLAN AMENDMENTS CPA-2001-2 (E) , CPA-2001-2 (F) , CPA-2001-2 (G) and CPA 2001-2 (H) ; adoption of Ordinance No. 3590 relating to zoning map changes CPZ-2001-1, CPZ-2001-2 , CPZ-2001-3 , CPZ-2001-4 , CPZ-2001-5 and CPZ-2001-6; and adoption of Ordinance No . 3591 relating to school impact fees . These ordinances: (1) amend the comprehensive plan' s land use map designations and zoning map designations of parcels of property more specifically identified in the ordi- nances; (2) amend the school impact fee schedule contained in section 12 . 13 . 160 of the Kent City Code, and (3) amend the Capital Facilities Element of the Comprehensive Plan (CPA-2001-2 (G) ) . PUBLIC WORKS (CONSENT CALENDAR - ITEM 6H) (CFN-1038) S . 212th Street Replacement Well. Accept the S . 212th Street Replacement Well project as complete and release retainage to Holt Drilling, Inc . upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $96, 222 . 72 . The final contract amount is $88 , 254 .39 . (CONSENT CALENDAR - ITEM GI) (CFN-1038) Wiesner Drainage Improvements . Accept the Wiesner Drainage Improvements project as complete and release retainage to Pivetta Brothers Construction, Inc . upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $117, 415 . 87 . The final contract amount is $105, 459 . 91 . (CONSENT CALENDAR - ITEM 6J) (CFN-738) King County 2001 Comprehensive Solid Waste Management Plan. Adoption of Resolution No. 1610 relating to the King County 2001 Comprehensive Solid Waste Management Plan. The resolution adopts the County' s Plan to manage the solid waste system' s garbage and recycling services over the next twenty (20) years and ensures adequate services and environmental controls at King County transfer and disposal facilities. This County Plan will be deemed adopted if it has been approved by cities representing at least 75% of the County' s population within 120 days of December 1, 2001 . 3 Kent City Council Minutes February 19, 2002 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6K) (CFN-1065) (REMOVED FROM AGENDA BY CITY ATTORNEY BRUBAKER) Tacoma Second Supply Project Committee Representation. Approval of the Public Works Director as the official representative to the Tacoma Second Supply Project Committee and the Water Superintendent as the alternate representative, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 6L) (CFN-136) 2002 Street Sweeping Contract. Authorization for the Mayor to sign the 2002 Street Sweeping Contract Agreement with McDonough & Sons for the amount of $12 , 170 . 00 per month, upon concurrence of the language therein by the City Attorney and the Public Works Director, as recom- mended by the Public Works Committee . The existing contract will end March 1, 2002 . (CONSENT CALENDAR - ITEM 6M) (CFN-110) Department of Ecology Grant Agreement, 2001 Drought Relief. Authorization for the Mayor to sign the Dept of Ecology Grant Agreement for 2001 Drought Relief, direct staff to accept the grant and authorize the reimbursement of funds to the various water capital improvement pro- jects which were used to finance the City' s drought response, as recommended by the Public Works Committee . LID 350 (OTHER BUSINESS - ITEM 7C) (CFN-1144) LID 350 - Big K Sanitary Sewer and Water Main. On February 5, 2002 , Council set the hearing date for the confirmation of the Final Assessment Roll for LID 350 for March 5, 2002 . Staff recommends that this hearing date be rescheduled to Monday, April 1, 2002 at 4 : 00 p.m. In addition, staff proposes that, pursuant to RCW 35 .44 . 070, the City Council delegate the members of the Public Works Committee to sit as the Board of Equalization on this LID to consider the assessment roll, to consider ob]ections to the roll and to make such corrections and modifica- tions as may appear Dust and equitable . This will be the only hearing on the roll . After the conclusion of the hearing, the Committee will make recommendations for Council action at a regular Council meeting, where the Council will confirm the assessment roll by ordinance . 4 Kent City Council Minutes February 19, 2002 LID 350 ORR MOVED to 1) cancel the March 5, 2002 , hearing date on the LID 350 final assessment roll; 2) authorize the Public Works Committee to sit as a Board of Equalization for the purpose of considering the LID assessment roll; 3) reschedule the hearing date to Monday, April 1, 2002 , at 4 . 00 p.m. in City Council Chambers East ; and 4) direct the City Clerk to give appropriate statutory notice of the time and place and purpose of the meeting. Clark seconded and the motion carried. POLICE (OTHER BUSINESS - ITEM 7D) (CFN-122) SAFECO Grant Award. The Kent Police Department recom- mends the acceptance of a SAFECO grant award in the amount of $5, 000 . 00 . Clark noted that this would be used to purchase pedal cars and city props for the Safety Education Officer Scooterville Program, which is a traffic safety education course for elementary school students . CLARK THEN MOVED to accept the $5, 000 . 00 SAFECO grant award for the City' s Safety Education Officer Scooterville Program. Epperly seconded and the motion carried. FIRE AND LIFE SAFETY (CONSENT CALENDAR - ITEM 6F) (CFN-122) Surplus Hose. Approval for the Fire Department to surplus 110 sections of 3 . 5 inch hose and approval for the Fire Department to advertise and sell the hose to the highest bidder. In the past the standard supply for hose was 3 . 5 inch. We are currently in the process of changing the hose inventory 411 . As a result of the change, there are approximately 110 sections of 3 . 5 inch hose which is of no value to the department . The estimated value of the hose is $1, 000 . (CONSENT CALENDAR - ITEM 6G) (CFN-122) Surplus Fire Engine/Aid Units. Authorization for Fire Administration to surplus two (2) 1986 Pierce Engine/Aid Units (apparatus 712 , VIN#040115 and apparatus 713 , VIN#040121) and for Fire Administration to advertise the apparatus for sale to the highest bidder. 5 Kent City Council Minutes February 19, 2002 FIRE AND LIFE SAFETY Two 1986 Pierce engine/aid units have exceeded their expected performance. It is estimated that bids in the amount of $20, 000 for each unit could be received. PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6P) (CFN-118) Puget Sound Senior Baseball League Donation. Accept the $700 . 00 donation from the Puget Sound Senior Baseball League and amend the Recreation Development Budget, as recommended by the Parks Director. (CONSENT CALENDAR - ITEM 6Q) (CFN-118) East Hill Youth Sports Art. Approval of the proposal by Michele Van Slyke and authorization to enter into an agreement for art work at the East Hill Youth Sports Complex, as recommended by the Parks Director. Artwork for East Hill Youth Sports Complex is in the five-year City Art Plan for 2002 previously approved by the Kent Arts Commission and City Council . The artwork fulfills a need to relieve the massive structure of the 1200 ' keystone wall and chain link fence along 240th Street . The Kent Arts Commission selected five artists who were invited to submit proposals for the space . A jury of five people reviewed the proposals and selected the project of life-size stainless steel figures and porcelain enamel ball cutouts designed by Michele Van Slyke for the site. Her proposal also includes embellishments for four park gates . The Kent Arts Commission approved the recommendation of the jury to accept Michele Van Slyke ' s proposal during the January 22 , 2002 meeting. (CONSENT CALENDAR - ITEM 6R) (CFN-118 & 159) Kherson Park Sewer Connection Permit. Approval to grant the two easements through Kherson park to Sandra K. Schaefer and amend the Parks Land Acquisition budget in the amount of $3, 697 . 50, as recommended by the Parks Director and subject to approval of final terms and conditions by the City Attorney. Sandra Schaefer is requesting two easements through Kherson Park; one is for a second story stairwell 1 . 5 X 6 Kent City Council Minutes February 19, 2002 PARKS, RECREATION AND COMMUNITY SERVICES 30 ' to access her building and the other is for a 13 ' x 60 ' utility and stairwell access easement through the park. (CONSENT CALENDAR - ITEM 6S) (CFN-118) Off Leash Dog Park Issue Paper. Accept the Issue Paper and approve the City of Kent as a partner on the South King County Off-Leash Task Force to site, plan, and prepare cost studies for a regional urban off-leash area for dogs . The South County Task Force has prepared an Issue Paper based on research of existing off-leash dog parks and the availability of public land for an off- leash park. TECHNOLOGY (CONSENT CALENDAR - ITEM 6N) (CFN-1155) Golf Course System Software Purchase. Approval of the Golf Complex Management System software and related products purchase and authorization for the Mayor to sign a contract with sZen Corp for that purchase, including support services, subject to City Attorney approval of contract documents . A Golf Complex Management System Selection Committee was formed to establish system requirements, issue a Request for Proposal , evaluate vendor responses, conduct product demonstrations, and recommend a Golf Complex Management System solution. After evaluating the vendor responses and product demonstrations, the Selection Committee recommended the sZen Corp proposal . FINANCE (CONSENT CALENDAR - ITEM 60) (CFN-104) Real Estate Excise Tax Amendment. Adoption of Ordinance No. 3592 relating to real estate excise taxes . The ordinance is a house cleaning measure and does not modify or amend the schedule of taxes assessed or collected by the City. Currently, the Kent City Code levies the City' s real estate excise tax under two separate code chapters . Chapter 3 . 19 of the Kent City Code levied an excise tax on the sale of real estate within the City' s corporate limits . Chapter 3 . 24 of the Kent City Code also provides for an additional 1A of 1% 7 Kent City Council Minutes February 19, 2002 FINANCE excise tax levy. Having two chapters in the Kent City Code relating to real estate excise tax is confusing, and consolidating all provisions into one chapter would be more appropriate. This Ordinance further clarifies Council ' s direction to restrict the application of the Y4 of 1% additional excise tax for parks operation and maintenance purposes . (OTHER BUSINESS - ITEM 7A) (CFN-186) 2002 Budget Adjustment Ordinance. At their February 5, 2002 , meeting, the Operations Committee recommended approval of the 2002 Budget Change ordinance. The ad]ustments provide a net expenditure reduction that restores the General Fund' s Fund Balance (reserve) to 10% and provides other technical adDustments . Finance Director Miller noted that departments have made cuts totaling $1 .4 million, which is significant and which includes the deletion of 4 . 5 FTE positions . WOODS MOVED to adopt Ordinance No . 3593 for the 2002 • Budget Ad3ustments as shown in Exhibits A and B. Orr seconded. Woods predicted further reductions in the future . The motion then carried. (OTHER BUSINESS - ITEM 7B) (CFN-171 & 110) Street Improvements/Street Utility Tax - Sunset Repeal. The 1% interim tax on utilities dedicated to street improvement programs has been a useful tool in developing certain street improvements. The interim tax sunsets on December 31, 2007 . Because the City cannot guarantee the continuation of the tax after this date, it is difficult to obtain bonds, grants and other long-term funding for certain capital improvement projects that would be sup- ported, in part, by this tax. This is not a new tax or tax increase, just a repeal of the 2007 sunset date. Because traffic congestion and transportation improve- ments are top priorities, it is in the City' s best interest to remove this sunset provision to allow for planning, funding and development of these projects funded by the interim tax. The Finance Director said this is a responsible, positive action. 8 • Kent City Council Minutes February 19, 2002 FINANCE WOODS MOVED to adopt Ordinance No. 3594 amending Section 3 . 18 . 020 of the Kent City Code by repealing the December 31, 2007, sunset provision on the interim tax dedicated to street improvement programs . Clark seconded and the motion carried. (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills . Approval of payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 5, 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 1/31/02 Wire Tranfers 1110-1116 $ 903 , 605 . 12 1/31/02 Prepays & 528612 3 , 398, 915 . 30 1/31/02 Regular 529334 3 , 143 , 180 94 $7, 445, 701 . 36 • Approval of checks issued for payroll for January 1 through January 15 and paid on January 18 , 2002 . Date Check Numbers Amount 1/18/02 Checks 257573 -257940 $ 326, 705 . 54 1/18/02 Advices 122972-123906 1, 329, 726 . 00 $1, 656, 431 . 54 Approval of checks issued for payroll for January 16 through January 31 and paid on February 5, 2002 - Date Check Numbers Amount 2/5/02 Checks 257941-258289 $ 263 , 966 . 31 2/5/02 Advices 123907-124630 1 , 078, 477 . 95 $1, 342 , 444 . 26 COUNCIL (CONSENT CALENDAR - ITEM 6E) (CFN-198) Councilmember Absence, Yingling. Approval of an excused absence from the February 19, 2002 , City Council meeting for Councilmember Rico Yingling. He was unable to attend. 9 Kent City Council Minutes February 19, 2002 REPORTS Public Works Committee. Orr noted that the next meeting will be held on March 4th at 5 : 00 p.m. (CFN-198) Planning Committee. Orr noted that the next meeting will be held on March 19th at 3 : 00 p.m. (CFN-198) Administrative Reports. Brubaker noted that the executive session regarding the lease of public property and potential litigation related to that will last approximately 15 minutes . (CFN-198) EXECUTIVE SESSION The meeting recessed to Executive Session at 7 .40 p .m. and reconvened at 7 : 55 p.m. (CFN-198) ADJOURNMENT At 7 : 55 p.m. , CLARK MOVED to ad3ourn. Woods seconded and the motion carried. (CFN-198) X�l Brenda Jac r, CMC City Clerk 10 z -k , r ' mgr4may Council Meetint Dat% March 5, 2002 ' Cat I ry, .9Msent Calen , 1 . SUBJECT: ENERGY AUDIT AGREEMENT - AUTHOR;ZE 2 . SUMMARY STATEMENT: Authorization to enV4r ;nto an agreement with Washington State Department of GenerallAdministration to complete an audit of conservation measures throughout the city for a cost of $43, 622. 00, as recommended by the Barks Director. Last summer the City Council authorized the �Mayor to sign an interlocal agreement with the State Departmnt of General Administration to have our buildings audit$ to determine if there were potential energy conservation me Murss. That agreement allows us to finance these measur;$s through the State Treasury, and we have selected Quantum Engineering as our Energy Services Company., They have complet4d the preliminary audit and determined that we potentially have several energy conservation measures that will have a thre4 to seven year payback and even some marginal ones that we,may want to look at . Up until this point, we have not incult0d any costs for this. k 3 . EXHIBITS: Memo from Facilities Superintea ent; Energy Audit Fee Proposal; and List Of Potential Conserv4tibn Measures 4 . RECOMMENDED BY: Staff and Operations Committee (Committee, Staff, Examiner, Commission, etc, ) S . UNEUDGETED FISCAL/PERS2?ML IMPACTS NO___�X � YES 6 . EXPENDITURE REQUIRED: $4;3 , 622 . 00 SOURCE OF FUNDS: Washington State Treasu 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmembe:a seconds DISCUSSION: ' ACTION: Council Agenda Item No. 6C City of Kent Memo To: City Council Operation Committee Prorm Charlie Lindsey, Superintendent of Facilities Manage Date: 02111/02 Re: Energy Audit Agreement During the summer of 2001, council authorized staff to enter an inter-local agreement with the State Department of General Administration It was our intent to have our buildings audited to determine if there were conservation measures that would pay for themselves out of the savings The City entered into that agreement,which allows the City to finance these measures through the State Treasury, and the City selected Quantum Engineering as our Energy Services Company They have completed the preliminary audit and determined that we potentially have several energy conservation measures that will have a three(3)to seven(7)year payback and even some marginal ones that the City may want to • look at. Up until this point,the City has not incurred any costs Staff is recommending that the City proceed with this project which would allow for a detailed audit and make those improvements that would be paid back with cost savings Quantum Engineering has given the City a proposal for a detailed audit of our buildings The fee for this audit is 543,622 and is added into our finance package with the State Treasury unless the City decides not to move forward with the recommended proposals. In that case, the City would have to pay the 543,622 out of pocket Staff anticipates going forward with those improvements that will pay for themselves with energy savings Attached is a preliminary list of conservation measures for your review and discussion Staff is requesting that the Mayor be authorized to sign a contract with Washington State Department of General Administration for$43,622 The intent is for it to be added into the financing package that will be formulated after the audit and it is determined which conservation measures that we will complete 0 Page 1 Table 1 Potential ECM's Project: City of Kent Energy Services Project No. 06-2001-01 Date: 1111512001 Subject: Potential Conservation Measures Payback Building Name Conservation Measure Ran lNote- City Hall -Mechanical Measures Replace Chiller 3 Made Install new baler&preheat coils in air handlers 2/3 Install CO2 Sensors to control outside air 1 Re-balance HVAC system 3 Install Occupancy sensors in various areas (Council Chambers) 1 Commission HVAC system 1 -Lighting Measures Retrofit remaining T-12 fixtures with T-8's and electronic ballasts 2 -Building/Shell Measures Add low-E film on windows 1 Add Roof insulator 2 Mt 3 Centennial Center -Mechanical Measures Vanable Speed Drive (VSD)on tower fan 2 Upgrade Energy Management System(EMS)to graphics based system VSD on chilled water pumps Add barometric camper to emergency exhaust fan Replace Hastings makeup air systems with new system with Variable Speed Drive, controlled via CO2 sensor 2 Provide reset of makeup air temp based on building heatinglceoling demand(CA or poll heat pumos) 1 Commission HVAC system 1 -Lighting Measures Retrofit remamirg T-12 fixtures with T-8's and electronic ballasts 2 i Kent Commons -Mechanical Measures Add HW boiler, convert FCU's to 2-pipe system 2 Mt. Install CO2 Sensors to control outside air for Gyms&meeting areas 1 Use discharge temp. reset for makeup au handler 1 Install Occupancy sensors in various areas(Gyms&meeting areas) 1 Improve exhaust in Gym to increase airflow&improve economizer cooling 2 Add mechanical cooling to Gym Add barometric dampers or blank off exhaust fans in Crystal Mtn Hall 1 Add CTs to fan cod units to disable call for cooling when unit is switched off by occupant 2 Commission HVAC system,check controls for Gym AHU's&chilled water pumps 1 -Lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts, 2 Table 1 Potential ECM's pr City of Kent Energy Services Pro)ec No. 06-2001-01 Date: 1111512001 Subject: Potential Conservation Measures Payback Budding Name Conservation Measure Rank* Notes Gowe Street Station -lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts 2 PD Building -Mechanical Measures Install Occupancy sensors for lighting &HVAC system controls in various areas 1 -Lighting Measures Replace exit signs with LED 1 iCity Hall Annex -Mechanical Measures Add building to campus EMS network 3 -Lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts 1 i -General Measures 3 Ca Check roof insulation 2 711lFfions Facility(Jail) -Lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts 2 Resource Center -Mechanical Measures Replace air handlers with new units with outside air economizers 3 Install Energy Management System controls 2 Install Occupancy sensors(and CO2 sensors?)in Gym &meeting areas 1 Commission HVAC system 1 -Lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts 2 - General Measures -• 3 Install roof/attic insulation 2 Senior Center -Mechanical Measures. Mpve outside air sensor for EMS 1 Commission HVAC system t -Lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts. 2 Kent Historical Society Museum -Mechanical Measures Install Energy Management System or ODC Thermostat 2 Commission HVAC system 1 ghting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts. 2 General Measures Install rooflatbc insulation(check) 2 Table 1 Potential ECM's roject. City of Kent Energy Services roject No. 06-2001-01 :ate; 1111512001 ubject. Potential Conservation Measures Payback .uildmg Name Conservation Measure Rank* Notes dverbend 18-hole Goff Course -Mechanical Measures Install Energy Management System Controls 1 air flow test Install additional gas fired boiler, replace electric heat with hot water heat in restaurant 2/3 Commission HVAC system 1 Look at VSD`s on watering pumps 2 Check-replace swamp cooler for kitchen area?Replace single pass ice machine? 2 -Lighting Measures Retrofit the existing fixtures with T-8 lamps and elerronic ballasts 2 - General Measures Insulate Blade Shop 2 Insulate/close off entry vestibule plenum 2 Driving Range -Mechanical Measures None-system to be replaced -lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts 2 Add or commission controls for parking lot lights(HPS) 1 Verify that Range lights are MH (not Mercury vapor) 2 Shop Building O&M Measures Review operation S maintenance opportunities Rre Station#71 -Mechanical Measures Add door switches to EMS 1 Upgrade space sensors for CoRayVac systems in all stations 1 -Lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts 2 Audit exterior fixtures 2 Pre Station#73 -Mechanical Measures Add gas domestic hot water heater(keep elec Backup) 2 -Lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts 2 Audit exterior fixtures 2 Fire Statron 9 72 No Measures Table 1 Potential ECM's p City of Kent Energy Services Prol No. 06-2001-01 Date: 1111512001 Subject: Potential Conservation Measures Payback Building Name Conservation Measure Rank* Notes Fire Station#74 -Mechanical Measures Add gas domestic hot water heater(keep elec Backuo) 2 -Lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts 2 Audit extenor fixtures 2 Fire Station#75 -lighting Measures Retrofit the existing fixtures with T-8 lamps and electronic ballasts 2 Audit extenor fixtures 2 Fire Station#78 Retrofit the existing fixtures with T-8 lamps and electronic ballasts(incl Vehicle Lighting Measures Maint. Bldg ?) 2 Audit exterior fixtures 2 Payback Ranking System 1 -Measure likely to quickly pay for itself(1-4 years) Measure likely to pay for itself over a ten year loan term easure will not likely pay for itself, but may be implemented with excess savings from other measures, or with capital SS Measure will not likely pay for itself, but may be implemented with signifiont capital SS Table 2 Audit Fee Proposal iroject: City of Kent Energy Services 3roject No. date: 11/15/2001 Subject: Audit Fee Proposal Project Field Audit Admin. Total Manager Technician Assistant Hours TASK Baseline Condition Measurement &Analysis Mechanical Field Work- Baseline Measurement 276 41 A 69 Mechanical Baseline Calculations 39 58 5 975 Lighting Field Work and Baseline Spreadsheet 135 22E7 9 45 Utility Bill Analysis Electric. Gas) 4 12 4 20 Energy Analysis of Potential ECM's (Modeling or hand calc's) Mechanical ECM's includes DOE2 Model of City Hall 446 66 9 111 5 Lighting ECM's 84 1= 56 28 Cost Estimates of Potential ECM's Mechanical ECM's 12 1E 1 30 Lighting ECM's 96 14 4 24 Engineering Analysis of Proposed Systems(by EEI, see below Utility Incentive analysis & coordination 12 E 20 Report Writeup 4 1E 4 24 Present Findin s 4 8 Additional Meetings 4 8 Total Hours: 1827 283.7 226 489 Hourly Rate: $90 58C S55 Esttmated Fee for Services: $16,443 522,696 51,243 $40,382 Total Estimated Audit Fees Mechanical & Lighting System Audit: S 40,382 Subtotal-Audit Fee, S 40,382 Preliminary Design review by EEI (36 hours cQ S90/hr.) 3240 Subtotal-Subcontractors& Subconsultants S 3,240 Total Audit Fee: S 43,622 Quantum Engineering & Development, Inc. • 5339 Roosevelt Way NE, Suite A Seattle, WA 98105 OF // 6 November 15, 2001 . i'5 nayrs State of Washington Department of General Administration 206 General Administration Buddmo P O Box 41012 Olymoia, WA 98504-1012 SUBJECT Energy Audit Fee Proposal City of Kent Dear Jim We are pleased to submit this oreoosal ror the audit phase of Energy Services for'�e C,bi of Kent Quantum will crowde engineering services for the subject project in accordance with the following • Endineenne Services A Audit Phase Services will include :uantum will uncertake an Energy Aucit of the =ac:uty The E^ergy Audit•,rid centify cost erective Energy Conservation Measures (EC,vl's) Quantum will present to the Owner a written Energy Services = cru z, ,-,clueing the energy -udit Documentation The Energy Services Proposal will set forth at least the following 1 A description of the Facility and a description of those buildings and systems wnich will receive ESCO Equipment and ESCO Services, 2 The Cost Effective ECM's to be installed or caused to be installed by the ESCO and a description of the ECM's analvzed but disdualfied under the cost effectiveness criteria 3 The services that the ESCO will perform on or in the Facility, mctudma but not limited to engineering, construction management, ine uNerauuua o„� iiiamtenai,,.a procedureb rc use on ESCO Equipment, training for Facility personnel, orovidino warranty service and equipment maintenance, d The Maximum Allowable Project Cost, itemized in detail which may be amended to - represent actual costs, 5 Recommendations for replacement of Existing Equipment, along with recommendations for improvements to Existing Equipment and Operating Conditions; 6 The standards of comfort and service appropriate for the Facility: • 7 The Baseline Energy Consumption for the Facility, including the data, methodology and variables used to compute the Baseline, and the Baseline calendar period which will not be less than twelve (12) months; Page 1 8. '"me estimated Energy Savings and Energy Cost Savings that are F­^= ­+ '^ MM,fl#r,,. the installation of the ESCO Eguipm^^' ,._ � �_ --A of the method used to make the estimate; 9 The method by ..,,,w, -„o,gy Savings and Energy Cost Savings will be calculated during the term of the Energy Services Agreement; 10. A description of haw the ESCO will finance its acquisition of the ESCO Equipment and when title to the ESCO Equipment will pass to the Owner, 11 A description of how the Energy Cost Savings will be guaranteed by the ESCO; 12. A description of how the ESCO proposes to be compensated; 13. The term of the Energy Services Agreement; 14 The Termination Value for each year during ine farm or .,;e Eno,gy Services agreement, 15 The scneaule Tor protect compieuen. A preliminary list of ECM's is included as Table 1. This list may expand based on additional knowledge of the facility, and measures may be deleted from the list due to poor payback or other conditions Measures will include `_r" that Say e =ne•ey, ,,vate• or other -escurces incwcmn various cost savinas measurest The Enerov Audit will orovide detailed oocurrPntatien of fie:awerk for the audit, calculation snout and output ,n Suppett T 1-le -acommendations made in the Energy Services Proposal, economic and engineering assumptions, sketcnes, floor plans and any other informct;on ceveloced ,n toe course of the -\ud[t tee .orEnarneenno Servrces Basis and amount* Fixed Fee S43,622 (see attacned Table 2) it is understood by Quantum that oavment and terms are contingent upon the requirements set forth =^a. .j _ter is--s = :zc al .:;neame for Enc+neenna Services —he Energy Audit.vill be complete within four months of Notice to Proceed We at Quantum Engineering & Deveiepment appreciate the opportunity to provide these services If this oroposal for Audit Services is satisfactory, please forward contract documents Sincerely, Quantum En eerin & D elopment Inc i ael . O' nir" Presi nt Attachments: Potential ECM Table, Fee Proposal • • Quantum Engineering & Development, Inc 5339 Roosevelt Way NE, Suite A Seattle, WA 98105 00, November 15, 2001 State of Washington Department of General Administration 206 General Administration Buildma PC Box 41012 Olympia, INA 98504-1012 SUBJECT Energy Audit Fee Proposal City of Kent Dear Jim We are oieased to submit this orcoosal for the audit phase of Energy Sewices fo,`ha C bi of Kent Quantum wul crovide engineering services for the subject project ;n accordance with the ro lowing Endineenna Services A Audit Phase Services will include Cuanrum will uncenake an Energy Aucit of the =acaity The Energy audit',vul ,dentify .ost erfecave Energy Conservation Measures (ECM's) Quantum will present to the Owner a written Energy Services = ccc z. r,ciuding the Energ, =udit Cocumentation The Energy Services Proposal will set forth at least the following 1 A description of the Facility and a description of those buildings and systems wn;ch will receive ESCO Equipment and ESCO Services. 2 The Cost Effective ECM's to be installed or caused to be installed by the ESCO and a description of the ECM's analvzed but disqualified under the cost effectiveness criteria 3 The services that the ESCO will perform on or in the Facility, including but not limited to engineering, construction management, the uNarauoiic ai, . ivainienah.c procedureb ,c, use on ESCO Equipment, training for Facility personnel, orovidina warranty service and equipment maintenance, d The Maximum Allowable Project Cost, itemized in detail, which may be amended to represent actual costs, 5 Recommendations for replacement of Existing Equipment, along with recommendations for improvements to Existing Equipment and Operating Conditions; 6 The standards of comfort and service appropriate for the Facility; 7 The Baseline Energy Consumption for the Facility, including the data, methodology and variables used to compute the Baseline, and the Baseline calendar period which will not be less than twelve (12) months, Page 1 8. The estimated Energy Savings and Energy Cost Savings that are P�^^^'�� '^ ^^ "`•^^+ the Installation of the ESCO Equipm-1 '_ — of the method used to make the estimate; • 9. The method by cucigy Savings and Energy Cost Savings will be calculated during the term of the Energy Services Agreement; 10. A description of how the ESCO will finance Its acquisition of the ESCO Equipment and when title to the ESCO Equipment will pass to the Owner, 11 A description of how the Energy Cost Savings will be guaranteed by the ESCO, 12. A description of how the ESCO proposes to be compensated; 13. The term of the Energy Services Agreement; 14 The Termination Value for each year curing ine term Ot .ae Enci gy 3arnces agreement, 15 The schedule rar project completion. A preliminary list of ECM's is included as Table 1 This list may expand based on additional knowledge of the facility, and measures may be deleted from the list due to poor payback or ether corddicns Measures will include ,n--s chat sa—_ �rergy, ,,vater ,r ether �esourcas inciuemn various cost savinas measures) The Enerov Audit will orovide detailed aocumantatiO'I of fie:ewcrk rar the audit, calculation mout and output ,n suppor i re -ecommendations made in the Energy Services Proposal, economic and engineering assumptions, sketches, floor plans and any other information deveiccea in ,-le -nurse of the Audit wee ,-or Engineering Services Basis and amount. Fixed Fee S43,622 (see attached Table 2) It is understood by Quantum that eavment and terms are contingent upon the requirements set forth :heaule for Engineering Seillfces The Energy Audit will be complete within our months of Nonce to Proceed `Ne at Quantum Engineering & Development appreciate the opportunity to provide these services If this proposal for Audit Services is satisfactory, please forward contract documents Sincereiv, QuanVnt eerin & D elooment, Inc i nirPres Attachments: Potential ECM Table, Fee Proposal o^^o � Quantum Engineering & Development, Inc • 5339 Roosevelt Way NE, Suite A Seattle, WA 98105 01 rnncl c•,o ocy� L� November 15, 2001 •. , ..,,�, ,,ayes State of Washington Department of General Administration 206 General Administration Buddrno_ PC Box 41012 Olympia, WA 98504-1012 SUBJECT Energy Audit Fee Proposal Cuy or Kent Dear Jim We are cieas_d to submit this oreoosal for the audit chase of Energv Services for'^e Gtv of Kent Quantum trill proviae engineering services for the subject projec: ;n accoreance with the following • Engineering Services A Audit Phase Services will include Duantum will urtcanake an _=nergy Aucit of the =acaity The E^ergy Audit :rid ,oentify --Ost effective Energy Conservation Measures (EC,vl's) Quantum will present to the Owner a written Ener, Services rc �„ .nGueing the Energ, =,udit Documentation Tne Energy Services Proposal will set forth at least the following 1 A descrption of the Facility and a description of those buildings and systems wnich will receive ESCO Equipment and ESCO Services 2 The Cost Effective ECM's to be installed or caused to be installed by the ESCO and a description of the ECM's analvzed but disouahfied under the cost effectiveness criteria 3 The services that the ESCO will perform on or in the Facility, mcludine but not limited to engineering, construction management, the �gmrauon, a„� ,itaintenaw Q prcceoures rZ;, use on ESCO Equipment, training for Facility personnel, providing warranty service and equipment maintenance, d The Maximum Allowable Project Cost, itemized in detail, which may be amended to represent actual costs, 5 Recommendations for replacement of Existing Equipment, along with recommendations for improvements to Existing Equipment and Operating Conditions; 6. The standards of comfort and service appropriate for the Facility; 7 The Baseline Energy Consumption for the Facility, including the data, methodology and variables used to compute the Baseline, and the Baseline calendar period which will not be less than twelve (12) months, Page 1 8 1rhe estimated Energy Savings and Energy Cost Savings that are the installation of the ESCO Eguipm--' �-` ^ — of the method used to make the estimate; • 9 The method by ..,,,w, "iargy Savings and Energy Cost Savings will be calculated during the term of the Energy Services Agreement; 10. A description of how the ESCO will finance its acquisition of the ESCO Equipment and when title to the ESCO Equipment will pass to the Owner, 11 A description of how the Energy Cost Savings will be guaranteed by the ESCO, 12. A description of how the ESCO proposes to be compensated; 13. The term of the Energy Services Agreement, 14 The Termination Value for each year curing Lne term or ,ne Enoigy oervrces agreement, 15 The schedule Tor project compieuon A preliminary list of ECM's is included as Table 1 This list may expand based on additional knowledge of the facility, aria measures may be deleted from the list due to poor payback or other corditions Measures will include '3-s that sa— -eray, vate• ^r other -escurces inciunirn various cost savincs measuresi The Enerav Auait wid orovice aetatleci eocumantatic^ of fie!awerk for the auait calculation incur and output ,n support T ne -ecommendations made in the Energy Services Proposal, economic and engineering assumptions, sketches, floor plans and any other infor^coon deveiccea in .; a curse of'he -\ucit r ee For cncrneenna Services A 9asis and amount' FFxed =ee 543,522 (see attacneo Table _) • it is understood by Quantum that cavment and terns are contingent upon the requirements set forth reptile for Enarneenna Serv/aeS The Energy Aue:t will be complete within four months of Notice to Proceed We at Quantum Engineering & Development appreciate the opportunity to provide these services If this proposal for Audit Services is satisfactory, please forward contract documents Sincerely, W eenn & D elooment, Inc ?air" Attachments: Potential ECM Table, Fee Proposal o^„e � 'Qauncil Meetirro March 5, 200 Cite, ', �naent Calendar r 1. SUBJECT: CORRECTIONS :FACILITY STRUCTURAL; REPORT - AUTHORIZE 2 . SUWdARY STATEMENT: Authorization to enttr into an agreement with Staaleson Engineering to conduct further structural analysis on the Corrections Facility and pr�p4re a report for an amount not to exceed ' $26, 550 . 00, as reccimended by the Parks Director. As a result of the Nisqually earthquake on, Fpbruary 28, 2001, structural issues at the Corrections Facility" re brought to the attention of the Superintendent of Facilitiem Management . Staaleson Engineering was hired to prepare 0 preliminary evaluation of these concerns. Staff recomtiends extending the Engineer' s contract in order to complete their analysis. 4 i 3 . ESFIIBITS: Audit fee proposal and list of �Obe tial Conservation Measures j r j 4 . RECOMMENDED BY: Staff a d Operations Commii�m (Committee, Staff, Examiner, Commission„ td,r ) I i 5 . UNSUDGETED FISCAL/PERBOiTEL IMPACTS NO 'X YES 6 . EXPENDITURE REQUIRED: SOURCE OF FUNDS: $ � I } r 7 . CITY COUNCIL ACTION: Councilmember� !moves, Councilmember seconds DISCUSSION: I DISCUSSION: ' ACTION: ` Council Agenda Item No. 6D Citr of Kent Memo To: City Council Operation Committee From: Charlie Lindsey, Superintendent of Facilities Manageme ' ' Date: 02/12/02 Re: Contract for Structural As Built Drawing for Corrections After the Nisqually Earthquake staff noticed and recorded some damage at the Corrections Facility I went through the process of having the cost of repairs priced out and approved by FEMA for re- imbursment When I was preparing to have the work completed, it was brought to my attention that there were some questionable structural issues 1 then hired a Structural Engineer to examine and evaluate the concerns Attached is the scope of work and conclusions portion of the Engineers report for your review The details of the report are available upon request. • As a result of the above report, I then asked the Engineer for a proposal to complete his recommendation for further analysis and provide a report of his findings Staff is requesting authorization for Mayor White to sign a contract with Staaleson Engineering in an amount not to exceed $26,550 0 Page 1 Staaleson Engineering, P.C. RE: Report of Findings CLIENT Dept of Parks. Recreation.&Community Services PROJECT Kent Jail Investigation, 1230 S.Central Ave WA Octuuer 31,2001 Where the hairline crack extends up the wall, it is an indication that corner reinforcement is not present �. This was similar to the cracking observed in the Courtyard and the expected cause is the same The corner reinforcement is required per UBC 2I06.1.12.4(2.3)and its absense greatly reduces the lateral capacity of the structure and increases its susceptibility to minor damage. This is also an indication that the reinforcing steel was not adequately placed in the rest of the structure. RECOMMENDATION- Comers in the Courtyard should be inspected using X-ray equipment to determine if comer reintorcement is present. If the Control Room is to be rebuilt, the ENGINEER should be,even the opportunity to inspection the masonry during demolition to determine the presence of comer,,inforcement. CONCLUSION Some cracking of masonry is always to be expected. This is particularly true for structures constructed on fill soils and subject to earthquake tortes,as at this site. However. many of the wall cracks observed in this building are of a width and/or extent that are not normally encountered in masonry that has been constructed with minimum vertical and horizontal reinforcement and continuity splices. There are indications that serious deficiencies exist in the structural tramme of this building. Such indications include the tollowing I Vertical cracks that extend for a significant percentage of the wall height and which appear to be in close proximity to substantial vertical reactions from roof beams REF i!7 vertical cracks at comers. which appear to indicate an absence of continuous horizontal reinforcement REF 46. REF 99, REF R9. REF;:". 3 Substantial vertical reactions from roof beams.which=pear to be supported only by partially grouted masonry and which appear to be overstressed by_13%. REF"7. REF 46. REF t 1. 4 The apparent absence of uniformly spaced vertical reinforcement or any horizontal reinforcement in the • Courtyard area. However there is at present. insufficient information on the geemerry and layout of the stmuural elements of this outidmg to determine with adequate certainty it a significant problem exists or to determine the cause or uteri[at the problem or to make a recommendation for repair which gives due consideration to economic impact Asa result the following program for further study is recommended. RECOMMENDATION Further Study I ENGINEER should make a more rigorous inspection of the roof framing and supporting walls to develop adequate as-build drawings,which show locations of masonry bearing walls and shear walls. precast plank bearing locations.steel roof beams and supporting steel columns From these preliminary As-built drawings.the framing'configuration and loads to the areas of c.oncem hhould be confirmed to determine if the suspected deficiencies exist and represent a structural hazard a The existence of horizontal and vertical reinforcement at the Courtyard walls should be%eritied using x-ray techniques. b. The existence of comer reinforcement at the Courtyard walls should be verified using%-ray techniques C The locations of beam reactions should be determined by development ofAs-built drawings and the existence of pilaster reinforcement to support such loads should be verified using x-ray techniques. END REPORT. Staaleson Engineering, P.C. RE: Report of Findings CLIENT: Dept of Parks. Recreation. S Communm Sen ices PROJECT: Kent Jail Investigation, 1230 S.Central Ave,WA • October 31,2001 SCOPE OF WORK: -nits REPORT has been made for Charlie Lindsey of the Dept of Parks. Recreation,&Community Services. Ciry of Kent which is the Owner of the Budding The Building is a public facility and consists of (I)ana l2)story sections constructed of prestressed,precast hollow core,concrete planks,with load bearing masonry walls and interior masonry partition walls. The original date of construction is around 1984. OBJECTIVES. The CLIENT requested that this ENGINEER make a reconnaissance of the existing structure wit,the following objectives I Observe and evaluate cmcking in existing masonry walls and evaluate the effect on struc-urzl safety and stability '_ Make a preliminary assessment of the capacity and safety of the existing masonry wall and cerecime the extent of furrher investigation required to make a complete assessment of damage. 3 Make preliminary recommendations tar repair, retrofit.or`urrher investigation as nec.—z— STRUCTURAL HAZARDS: During this ENGINEER'S inspection of the framing,no structural problems were observed wh,c� nrP,ild -dicare i Condition of imminent collapse, or otherwise represent a Hazard to the Life. Satety and Welfare of d-e Pailic Ho%�ever evidence of structural problems were observed which might indicate a significant overveos or tmsting framing and should be verified as recommended at the end of this Reoort in the near future FURTHER WORK REQUIRED- This Report of Findings presents this ENGINEER'S preliminary Findings and makes recommencations for repairs. • retrofit.and further study Further engineering would be required to make construction documers scirab-e ror �onstrucnon 1 a - 1 I # . - Al '„� pncil Meet rch 5, 20= t DER Ca sent Caled a , . 1. SUBJECT: RUSSELL RC 1MAINTENANCE SEMPIX# � N T14ORIZE 2 . SUMMARY STATEMENT: authorization to 6Y .4n� an agreement with I3oneywell in the adount of $32, 150.!?(Y d�MK added security at the maintenance facility located at 582�. 8outh 240th, as recommended by the Park ' Director. 1 , A year ago Council auth#rized a contract wt4�h,j ywell to install an I.D. badge/apceSs card securitys.• rp 1n city x Facilities. At that ti staff indicat ea: ii� t e intent was to eventually have all ' ity buildings sect -4}�d`tk a single security system. This proposal is to add' i,, ri3sell Road {� Maintenance Facility toithe system. come from n , Public Works Operationslbudget. } { 3 . EXHIBITS: None ^ + - � 4 . RECOMMENDED BY: Staff a � Operations Co (Committee, Staff, 24miner, Commission, : '1-Mr) + ' S. IIN8UDf4ETED FISCAL/PERT IMPACT Na I YES 71 e 6. EXPENDITURE REQUIRED: $ �_ I SOURCE OF FUNDS: 5 i k 7 . CITY COUNCIL ACTION: `] I Councilmember imaves, Councilipe 4$ = secon4a DISCUSSION: I ACTION: Council Agenda < � Stem No. 6E jl uncil Meet$ rch 5, 2 I '- ent Calera ,i I• a'`� luy "� �, II , „ , I i 7.< a , If, 1 di3 a' i 1. SUWRCT: PUBLIC WORk Tk°UST,FU�77J LOANS J0 - AUTHORIZE''= n �t 2 . SUKKARY STA3'EMBNT: As recommended by, ;. Committee, authorizati for the Mayor tp „h Public Work* „ Trust Fund Loan Agreeme�Lt upon concurreno ; f*ha language 1� therein by the City AttS� oy and the Pub ' x *�O, Director, and also to establish a budget for Same. a6 Fr "3 3 . EIS: Public War Trust Fund Loanl3 ' #PW!02-691-024 and Publ c, Works DirectorE,' s 4 . RZ22! fftRE,13 SY: Plann,iva C mmittee t (Committee, Staff, miner, Commiasio .' � r 5 . UNSUDGETEP FISCAL/PE I YES M 6 . EXPENAITURE REQUIRED: SOURCE OF FUNDS : I— Ai ;s 7 . CITY COUNCIL ACTION: Councilmember 'moues, councilmeilib� y seconds I ( 4 DISCUSSION- i ,� I Y` ✓^1 C 1 5 ACTION: F r ' 'Council AgendO <. "item No. 6F ' g PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E. Public Works Director ■ Phone Fax 253 856-6500 WASNINOTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date : February 19, 2002 To Planning Committee From, Don Wickstrom, Public Works Director Subject . Public Works Trust Fund Loan Agreement #PW-02-691-024 Due to time constraints and because the next Public Works Committee meeting is March 4th, this item has been placed on the Planning Committee agenda . We are in receipt of a Public Works Trust Fund (PWTF) Loan Agreement between Kent and the Public Works Board for the Tacoma Second Supply Project . This is a 20 year loan in the amount of $10 , 000, 000 . 00 at an interest rate of 1/2% The agreement will be executed if and when the Legislature passes and the Governor signs the bill which authorizes the loans . We are requesting the Committee ' s recommendation that the Mayor be authorized to sign the PWTF Loan Agreement . MOTION: Recommend authorizing the Mayor to sign the Public Works Trust Fund Loan Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director, and also establish a budget for same . PWTF02 PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-02-691-024 CITY OF KENT PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or oral,shall be deemed a part thereof This contract consists of ten pages and two attachments. An attachment to this agreement, ATTACHIVIENT I: SCOPE OF WORK, consists of a description of local project activities, cernficancin of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herem. In addition, ATTACHMENT 11: ATTORNEYS CERTIFICATION, is by tlus reference incorporated into this agreement The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed taus agreement as of the date and year last written below DEPARTMENT OF COMMUNITY, LOCAL GOVERNMENT TRADE AND ECONOMIC DEVELOPMENT Steve Wells Name Director, Local Government Division Title Title Date Date APPROVED AS TO FORM ONLY This 9th Day of January, 2002 Chnstme O Gregoire Federal Taxpayer Identification Number Attorney General By Signature on File Jeanne A Cushman Assistant Attorney General Page 1 • 2001 PWTF Construction Loan Agreement CTED Contract Number KENT PART II: INTRODUCTION This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its successor, (referred to as the `BOARD"), a department of the state of Washington, and CITY OF KENT (referred to as the "LOCAL GOVERNMENT"). Acting under the authority of Chapter 43155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project PART III: PURPOSE The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Trust Fund Program The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACHMENT I SCOPE OF WORK The project must be undertaken in accordance with PART IV TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follows 4 01 Rate and Term of Loan The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $10,000,000 00 The interest rate shall be one-half percent (1/2%) per annum on the outstanding principal balance The-term of the loan shall not exceed 20 years, with the final payment due July 1,2022 4 02 Local Proiect Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than fifteen percent (15%) of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I SCOPE OF WORK, to be verified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged, or both In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to project activities described in ATTACHMENT I SCOPE OF WORK These expenditures may be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN AGREEMENT Page 2 2001 PWTP Constriction Loan Agreement CTED Contract Number KENT 4 03 Disbursement of Loan Proceeds The availability of funds in the Public Works Assistance Account is a fiinction of tax collection and loan repayment If funds are not available at the time the invoice is submitted, or when the agreement is executed, the issuance of warrants will be delayed. Therefore, subject to the availability of funds, warrants shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT I SCOPE OF WORK In no event shall the total Public Works Trust Fund loan exceed eighty five percent (85%) of the eligible actual project costs The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form The loan fiords will be disbursed to the LOCAL GOVERNMENT as follows Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen percent(15%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT Within thirty (30) days of the execution of a Nonce to Proceed which follows the formal award of a construction contract, a sum not to exceed eighty percent (80%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT, except in the case of engineering services contracts If the approved project described in ATTACHMENT I SCOPE OF WORK is solely for the completion of engineering studies, a sum not to exceed eighty percent (80%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT within thirty(30) days of the execution of a Notice to Proceed following the formal award of a contract for engineering services. At the time of project completion, a Close-out Report, (refer to Section 4 19 for Closeout Report), shall be submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of eighty five percent(85%) of the eligible project casts or the total of$10,000,000 00 whichever is less The Closeout Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and local share. In the event that the final costs identified in the Closeout Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of eighty five percent (85%) of eligible costs, all funds in excess of eighty five percent (85%) shall be repaid to the Department of Community, Trade and Economic Development,or its successor, within thirty(30)days of submission of the Closeout Report 4 04 Interest Earned on Public Works Trust Fund Monies All interest earned on Public Works Trust Fund Moines held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways• I. Reduce the amount of the Public Works Trust Fund loan 2 Pay any part of eligible project costs that are in excess of ATTACHMENT I. SCOPE OF WORK estimates,if there is an overrun of project costs Page 3 2001 PWTF Construction Loan Ageement CTED Contract Number KENT The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan . agreement Such procedures shall consist of the establishment of a separate fiord, account, sub-account or any other method meeting generally accepted accounting principles 4 05 Time of Performance The LOCAL GOVERNMENT shall begin the-activities identified within ATTACHMENT I. SCOPE OF WORK no later than three months after loan agreement execution, and reach project completion no later than forty-eight(48)months after the date of agreement execution Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement and require the immediate repayment of any loan funds disbursed In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion The BOARD may,by a two-thirds vote,extend the deadline. The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terrinnated sooner as provided herein 4 06 Rmavment The first loan repayment under this agreement is due July 1, 2003. and subsequent installments are due on July 1 of each year during the term of the loan The first repayment under this agreement shall consist of interest only at the rate of one-half percent (1/2%) per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received Interest will begin to accrue from the date each warrant is issued to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the loan term remaining plus interest on the unpaid balance of the loan The final payment shall be an amount sufficient to bring the loan balance to zero The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the principal amount normally due on an annual basis Page 4 2001 PWfF Constriction Loan Agrcamrnt CTED Contract Number KENT The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Department of Community, Trade and Economic Development,or its successor, and sent to* Department of Community, Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S W. P.O Box 48300 Olympia,Washington 98504-8300 4 07 Repavment Account The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan Security.The name of the fund,account,or sub-account shall be 4 08 Default in Reoavment Loan repayments shall be made on the loan in accordance with Section 406 of this agreement A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date The penalty will be assessed on the entire payment amount The penalty will be twelve percent (12%) per annum calculated on a 360-day year Upon default in the payment of any annual installment, the BOARD may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable Failure to exercise its option with respect to any such repayment in default shall not constitute a waiver by the BOARD to exercise such option for any succeeding installment payment which may then be in default The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in any action undertaken to enforce its rights under this section The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as provided for in Section 4 03 Page 5 2001 WIT Construction Loan Agreement CTED Contract Numba KENT 4 09 Loan Secunty • The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loan Please initial the appropriate option. 1. General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT. OR 2. Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option Projects providing for a rmxture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue As used here, "net revenue" means gross revenue minus expenses of maintenance and operations The BOARD grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a hen and charge on net revenue superior to the lien and charge of this loan agreement Please choose and initial one of the following utility systems Water Sanitary Sewer(Wastewater) Stormwater Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste OR 3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment distract is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. Page 6 200I PWTF Construction Loan Agreement CTED Convact Numbar KENT 4 10 Recordkeepme and Access to Records The BOARD,the BOARD's agents, and duly authorized officials of the State shall have full access and the right to examine, copy, excerpt, or =srnbe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons, firms,or orgamzations with which the LOCAL GOVERNMENT may contract,involving transactions related to this project and this agreement. The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a period of six years from the date of project close-out If any litigation, claim or audit is started before the expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved 411 Reports The LOCAL GOVERNMENT, at such tunes and on such forms as the BOARD may require, shall fumish the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other matters covered by this agreement Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.14 4 12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, ansing from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors,or any employees or agents in the performance of this agreement, however caused In the case of negligence of both the BOARD and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party 4 13 Amendments,Modifications, and Waivers Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4 05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the BOARD in accordance with Section 4.05 No amendment or modification shall take effect until approved in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing 4 14 Ternunation for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the Ioan proceeds only for those activities identified in ATTACMVIENT I: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Upon termination of the loan agreement, the BOARD may declare the entire remaining balance of the loan,together with any interest accrued, immediately due and payable Page 7 • 2001 PWTF Construction Loan Agreemcnt CTED Contract Number KENT 4 15 Termination For Convenience • The BOARD may terminate this agreement in the event that federal or state fiords are no longer available to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this agreement. Termination will be effective when the BOARD sends written notice of termination to the LOCAL GOVERNMENT. 4 16 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by,the laws of the state of Washington Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington The prevailing party is entitled to recover costs in accordance with Washington State Law(Chapter 4 84 RCW) 417 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision 4 18 Protect Completion The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT I SCOPE OF WORK are completed In the report, the LOCAL GOVERNMENT will provide the following information to the BOARD 1 A certified statement of the actual dollar amounts spent, from all fund sources. in completing the project as described 2 A certified statement that the project,as described in the Loan Agreement's Scope of Work, is complete and has been designed/constructed to required standards 3 Certification that all costs associated with the project have been incurred Costs are incurred when goods and services are received and/or contract work is performed. Page 8 2001 PWTF Construction Loan Agrccment CTED Contract Number KENT 4 19 Protect Close- In accordance with Section 4.03 of this agreement,the LOCAL GOVERNMENT will submit,together with • the Close-out Report, a request for a sum not to exceed the final five percent(5%) of the loan amount. This disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and the Department of Labor&Industries regwrements. 4 20 Audit Audits of the LOCAL GOVERNMENTS project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Community, Trade and Economic Development, or its successor, may prescribe Payment for the audit shall be made by the LOCAL GOVERNMENT 421 Protect Signs If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project 4 22 Utilization of Mmontv and Women's Business Enteronses (MWBE) In accordance with legislative findings and policies set forth in Chapter 3919 RCW, the BOARD encourages participation by Minority and Women's Business Enterprise firms certified by OMWBE Voluntary goals for participation are • Construction/Public Works 10%MBE 6°/u WBE Architect/Engineenn 10%MBE 6%WBE Purchased Goods 8%MBE 4%WBE Purchased Services 10%MBE 4%WBE Professional Services 10%MBE 4%WBE 4 23 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including,but not limited to Chapter 49 60 RCW, Washington's Law Against Discrimination,and 42 U S C. 12101 et seq,the Americans with Disabilities Act(ADA). In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the LOCAL GOVERNMENT may be declared meligible for further contracts with the BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. Page 9 . 2001 PWTF Construction Loan Agreement CTED Contract Number KENT 4 24 Historical and Cultural Artifacts • The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local historical preservation officer and the states historical preservation officer at the Washington State Office of Archeology and Historic Preservation The LOCAL GOVERNMENT shall require tivs provision to be contained in all contracts for work or services related to ATTACENIENT ONE SCOPE OF WORK PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertam to the design, implementation, and administration of the approved project Of particular importance are the following 5 01 RCW 43 155 060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43 155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program 5 02 WAC 399-30-030(3) The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3)which identifies eligible costs for projects assisted with Public Works Trust Fund loans 5 03 Assienment Neither this agreement nor any claims ansing under this agreement, shall be transferred or assigned by the LOCAL GOVERNMENT without prior written consent of the BOARD . Page 10 2001 PWTF Construmm Loan Agreement CTED Contract Number KENT PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK • PW-02-691-024 KENT TACOMA'S SECOND SUPPLY PIPELINE #5 1 Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan The project consists of installing all or a portion of approximately 42 miles of 48—72 inch diameter transmission main,metering stations and an additional storage project at the Howard Hanson Dam The Second Supply Project elements include: I Green River Headworks Modifications (Replace and add to old 1913 river diversion facilities) • Anchor and raise the existing diversion dam 6 5 feet • Remove existing and construct new river intake • Construct fish bypass, channel, ladder,trap, sorting and haul facilities • Construct new Intake Building—storage and electncal/mechanical • Replace the 87 vear old 700 foot long concrete supply pipeline with a new 96' diameter steel main • Fish habitat Improvements in the dam pool area 2 Construct 34 mile long steel transmission main from the Green River Headworks to Tacoma • (Main Branch of the Second Supply Pipeline) • Pipeline ranges from 48" to 72"in diameter • Has a nominal capacity of 72 MGD • Nine miles of the 34 miles has recently been constructed from Tacoma to Federal Way 3 Construct 8 mile long steel transmission main from the Main Branch to Seattle's Cedar River supply at Lake Youngs(North Branch of the Second Supply Pipeline) • Pipeline about 40"in diameter • Has a nominal capacity of 40 MGD 4 Develop additional storage at Howard Hanson Dam(Owned and operated by the Army Corps of Engineers) -All Improvements mandated by either NMFS,USFWS or Army Corps of Engineers • New intake tower • Fish collection and transport facility for downstream passage • Three new buildings—adrmnistratior%,maintenance and generator • Remediation measure to reduce right abutment seepage • New access bridge • Numerous fish and wildlife habitat restoration/improvement features P\shared\Proiect Typing\Memll 20015Construchon Scope rd Scope of Work Page Two (PW-02-691-024) 5. Construct and operate a fish restoration and rearing facility adjacent to Tacoma's Headworks facilities for the Muckleshoot Indian Tribe • Primary purpose to restore the natural Chinook runs in the upper Green River Watershed • Secondary purpose to produce additional on-site planning of Coho for harvest • Includes natural rearing features 6. Construct additional or new water treatment facilities • Additional flounde treatment facilities at Tacoma's Headworks • New corrosion control facility near Lake Sawyer • New chlorine disinfection facility just west of Tacoma's Headworks 7 Numerous small fish and wildlife habitat improvement/enhancement projects such as, • Remove barriers to fish passage • Special plantings for wildlife foraging • Addition of gavel and large woody debris to the streams • Hanson Dam and Tacoma Diversion Dam fish passage and handling mentioned above 2 The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less If the local government prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated 20 years I, Don E Wickstrom. P E , licensed engineer, certify that the average expected useful life for the improvements described above is 100 years Signed Date Telephone- (253) 856-5500 D �AN242402 P\shared\Prged_Typing\Memll 2001\Construction Scope rtf Scope of Work Page Three (PW-02-691-024) Estimated Protect Costs- Total Costs Engineering $ 2,230,000 Environmental Review $ 500,000 Land/R-O-W Acquisition $ 240,000 Public Involvement/Information $ Other Fees $ 930,000 Construction $ 19,900,000 Construction Inspection $ 1,500,000 Contingency( 13%) $ 2,700,000 1. Other(Specify) $ 2 Other(Specify) $ TOTAL ESTIMATED COSTS $ 28,000.000 Anticroated Fund Sources• A Federal Grants S State Grants $ B Locally Generated Revenue General Funds $ Capital Reserves $ 8,000,000 Other Fund $ Rates $ Assessments $ (LID, RID, ULID) Special Levies $ Federal Loan(s) from: (identify all) $ State Loan(s) from: (identify all) Public Works Board, 2001 $ 10,000,000 Other. (identify sources) TOTAL LOCAL REVENUE $ 18,000,000 C PUBLIC WORKS TRUST FUND LOAN $ 10,000,000 P�shareolPrgect TypingVvlernli 2001VConstruction Scope rti Scope of Work Page Four (PW-02-691-024) Calculating Local Percentage* Notes: 1. Grant funds can not be counted as local match Calculate as follows: Total Local Revenue PWTF Loan+Total Local Revenue Local Percentage- 64 29% The local contribution must be at least Five percent(5%) for a loan interest rate of 2% Ten percent(10%) for a loan interest rate of 1% Fifteen percent(15%) for a loan interest rate of 5% r P\shared\Protect Typing\MemII 2001\Construction Scope of Public Works Trust Fund ATTACHMENT II: ATTORNErs CERTIFICATION I, , hereby certify: I am an attorney at law admitted to practice in the Stale of Washington and the duly appointed attorney of the (the LOCAL GOVERNMENT): and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance Based on the foregoing, it is my opinion that, 1 The LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application 2 The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement 3 There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-descnbed public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public works Trust Fund loan extended by the DEPARTMENT with respect to such project The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the Ivan agreement. 4, Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attorney Date Name Address ig�. ' ti' ;i'^ •fi�" r ` Kip i7�� Sa Vncll Meetl nt Cal 10 ,} �Callen, x - 1. SSAdF WILLOW PO - APPROVE r d , 2 . s�Y sTAa"CEALED7T: � $ova ° of t ,. * I It Final Subdivision #FSU-96-9 VA #2011.532) :ation for tho° , } Mayor to sign the finalpl4t mylar. 'I , -The final plat applicat'on for the Willc •�� Subdivision was submi,tt' d by PaV1 V. H � ;�,'3', The Hearing =' Examiner issued the Fin Ole with condit� preliminary, plat on February 3, 19,9 ,The City Couno� ,�� d the ' preliminary plat on lea`{ h 4, 1997. It e s y yy �t Ct � 4 I E$ 2TS: Memo with a, nd taons, and ri48 +' ' ' ij }, -4 . REcOMR$DVBY: Staff ;s,A, „i�' (Committee, Staff, ax ier, Commissiol � i ` t 'L S . UNBUDIGETED ISCAL/FER IX { ¢ NE$'' t 'n a ' YES is " 6 . EB ITETRE REQtTIMMs ' SOU't = or Ems: ' CO CITY 7.{� 'f7NCIT,� ACTIONS Councilmember 6noves, Councilm ;J +r ;it Beconds` I DISCUSSION: °,rG'IX� •¢I ACTION: W�, `ra. .4 ;i ¢ Al 11 a: A - cil Agen4' im No. 6G COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Community Development Director PLANNING SERVICES Charlene Anderson,AICP, Manager Phone 253-856-5454 KENT Fax 253-856-6454 W A S M I H O T O N Address 220 Fourth Avenue S Kent, WA 98032-5895 February 26, 2002 TO- MAYOR JIM WHITE, COUNCIL PRESIDENT TIM CLARK AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER MEETING MARCH 5, 2002 DATE SUBJECT: WILLOW POINT (aka Blueberry Farm) FINAL PLAT (#FSU-96-9Mva #2011532 • On February 3, 1997, the Hearing Examiner issued Findings, Conclusions and Recommendation with conditions on the Willow Point Sudivtsion #SU-96-9 The City Council approved the Willow Point preliminary plat on March 4, 1997 The applicant, Paul V. Hanson Inc is subdividing 4 8 acres into 20 single-family residential lots The property is located at SE 264`h Street (if extended) and I I Oth Avenue SE (if extended) The applicant has complied with the conditions required prior to recording. Staff recommends the City Council approve the Willow Point Final Subdivision #FSU-96-9(Kiva 92011532) and authorize the Mayor to sign the mylar FNS/mjp/S.\Permit\Plan\longplats\2001\2011532fsu969CC.doc Enclosure BLUEBERRY FARM • #SU-96-9 On February 3, 1997,the Hearing Examiner recommended approval with the following conditions the Blueberry Farm preliminary plat. The Kent City Council approved the BIueberry Farm preliminary plat with the following conditions on March 4, 1997. A. CONDITIONS OF APPROVAL: 1 The subdivider shall implement all mitigation measures required by the Determination of Non-Significance for SEPA checklist #ENV-96-24 for the Blueberry Farm Subdivision. B. PRIOR TO RECORDATION OF THE BLUEBERRY FARM SUBDIVISION: 1. The owner/subdivider shall dedicate sufficient nght-of-way for the construction of Southeast 264th Place to City Standards for a Residential street, minimum right-of-way width of 49 feet. This deed of nght-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, Southeast 264th Place, and adjacent affected properties, and shall clearly delineate the existing public nght-of way to the east of the subdivision, property lines, curb Imes, paving limits, and other public and private improvements within or adjoining the proposed right-of-way for the extension of Southeast 264th Place. 2. The owner/subdivider shall dedicate sufficient nght-of-way for the construction of 110th Place Southeast to City Standards for a Residential street, minimum right-of-way width of 49 feet. This deed of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, 110th Place Southeast, Southeast 264th Place, and adjacent affected properties, and shall clearly delineate the existing property lines, curb Imes, paving limits, and other public and private improvements within or adjoining the proposed right- of-way for the extension of Southeast 264th Place At both the northeasterly and southerly termini of 110th Place Southeast, tlus dedication shall include sufficient right-of-way to construct a cuI-de-sac turnaround meeting applicable City Standards. The minimum radii of these turnarounds shall be 51 5-feet. a. Unless the owner/subdivider dedicates and constructs a cul-de-sac turnaround at the southerly terminus of 110th Place, the owner/subdivider shall revise the subdivision to alter the access to all lots south of Southeast 264th Place. Access to these lots shall be via a Private Access Tract Roadway meeting applicable City Standards, instead, augmenting the standard design to include pedestrian walkways on both sides of the access tract. The owner/ subdivider shall then grant a 36 foot wide access tract, and the alignment shall be such as to bring the access tract roadway radial . Conditions of Approval Blueberry Farm #SU-96-9 to the construction centerline of the horizontal curve connecting 110th Place SE and SE 264th Place. 3. The owner/subdivider shall grant a 10-foot wide pedestrian access tract across the northerly subdivision frontage from the westerly boundary of Lot 6 to the northwesterly comer of the subdivision. 4 The owner/subdivider shall grant a 10-foot wide pedestrian access tract from 110th Place Southeast along the common property line between Lots 6 and 7, to the northerly subdivision boundary. 5 It is recommended that the owner/subdivider revise the configuration of Lots 3, 4 and 5 to provide access by means of a Private Access Tract Roadway meeting applicable City Standards. Should the owner/ subdivider so choose, the owner/subdivider shall grant a 26-foot wide access tract radial to the horizontal curve in 110th Place SE 6 It is recommended that the owner/subdivider revise the configuration of Lots 9, • 10, and 11 to provide access by means of a Private Access Tract Roadway meeting applicable City Standards. Should the owner/ subdivider so choose, the owner/ subdivider shall grant a 26-foot wide access tract radial to the cul-de-sac bulb at the location currently proposed for the "panhandle" of Lot 10 7. The property owner reserves the right to construct an eight-inch center sewer line within the easterly 25 feet of Tract A for the benefit of the subject property and such off-site property as the City has required to use such line. The property owner shall grant a 35-foot-wide temporary construction easement adjacent to and easterly of the east boundary of Tract A until a complete application is filed for a building permit on any of the lots on which the said temporary easement encroaches whereupon the temporary easement shall automatically, without any further action on the part of the property owner be reduced in width to the westerly most 15 feet of said easement on the affected lot. Within 60 days after the automatic reduction in width, the City shall remove all equipment and construction material from that portion of the vacated easement and shall restore the easement area to substantially the same condition as existed prior to the grading of the easement 8. The City has approved the Wetland Delineation Report for this subdivision, and the most recent submittal for an averaged wetland buffer. These revisions are permissible, but require buffer mitigation in compliance to the City of Kent Wetlands Management Code, which mitigation shall consist of grading and Conditions of Approval Blueberry Farm • #SU-96-9 planting of typical wetland buffer grasses. The revised and approved wetland buffer edge shall be shown on the face of the final plat The mimmum width of the revised wetland averaged buffer shall not be less than 25 feet. 9. The owner/subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and its buffer(s) by dedicating a separate Sensitive Area Tract to the CityThis Sensitive Area Tract shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate, unless otherwise approved. The owner/subdivider shall provide a legal description of said tract prepared by a licensed land surveyor, prior to issuance of any construction permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS TRACT A SHALL BE DEDICATED TO THE CITY IN FEE FOR SENSITIVE AREA TRACT PURPOSES AND FOR PUBLIC UTILITY PURPOSES SUBJECT TO THE RESERVATION OF A 25-FOOT-WIDE SEWER EASEMENT AS DESCRIBED IN PARAGRAPH 7 OF THE CONDITIONS OF PRELIMINARY PLAT APROVAL. DEDICATION OF A SENSITIVE AREA TRACT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT THE SENSITIVE AREA TRACT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING M Conditions of Approval Blueberry Farm #SU-96-9 SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. 10 The owner/subdivider shall submit and receive approval for required engineering drawings, and either construct or bond for the following; a. Separate and apart from the construction of a sewer interceptor line by the City, a gravity sanitary sewer system to serve all of the lots in this plat and all off-site properties within the same service area as defined by the City The sewer system shall be extended to the intersection of SE 264th Street at 108th Avenue SE Specifically, the sewer system shall be located in such a manner as to provide gravity sewer service to the Norder and Mack properties with a connection to the existing system in the vicinity of the aforementioned intersection. The size, location, and depth of this sewer line shall be as determined by the Director of Public Works. The developer shall be responsible for the equivalent cost of an 8-inch gravity sewer to service the subdivision. If the City constructs the sewer interceptor, the developer will be charged for the equivalent of the cost of an 8-mch sewer lore. Unless otherwise approved by the Director of Public Works, the associated tract area shall be improved with a 12-foot wide non-paved access road, with a maximum longitudinal gradient of 15% over the entire length of the tract for maintenance in accordance with City construction standards. b. A water system meeting domestic and fire flow requirements for all lots. C. A Wetland Mitigation Plan which addresses all impacts associated with the construction of the required temporary sanitary sewer installation, and with the impacts associated with the approved drainage system i Approved Wetland Mitigation Plans will require the posting of a Construction/ Performance Bond equal to 125 percent of the approved cost to construct the mitigation provisions, plus an additional 10 percent to account for City administration fees. - r Conditions of Approval Blueberry Farm #SU-96-9 u. The Wetland Construction Bonds will not be released until the required 3-year monitoring program is completed and accepted by the City of Kent d. A public stormwater drainage system which shows how up to the 100-year post-developed stormwater runoff from this development will be collected, conveyed, treated, stored, and released to the City stormwater drainage system in compliance to the Kent Construction Standards and which also meets the more specific requirements listed below: i. The owner/subdivider shall construct an on-site detention pond system in accordance with the Kent Construction Standards to rmtigate for potential impacts to stormwater runoff quantity. The detention storage volume and release standards to be met for this project shall be that for the HILLS. Earthen side slopes of the pond shall be no steeper than 3:1, although short (less than 4 feet in height) retaining walls/weirs may be acceptable along but outside of the dedicated Sensitive Area Tract for the wetland and its buffer, if this structure is provided to ensure sheet flow discharge to the adjacent wetlands. ii. The detention pond and treatment systems shall include release facilities that ensure sheet flow discharge across the adjacent wetland buffers in compliance to the requirements of the City of Kent Wetlands Management Code iii. Biofiltration swales or strips, where used for water quality treatment, shall be preceded by a diversion structure which diverts all flows above the water quality design storm to a level spreader facility designed to ensure sheet flow to the adjacent wetland buffer. Biofiltration swales will not be permitted within the sensitive area tract because these impacts can be avoided and do not allow for sheet flow release into the wetland buffer The use of a level spreader at the outer edge of the wetland buffer would be permitted, providing it is designed as an integral part of a biofiltration strip constructed within the wetland buffer, and providing it includes proper mitigation (minor leveling and planting) for that construction. iv, Roof downspouts for each building shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Stormwater Management Manual for the Puget Sound Basin, • Conditions of Approval Blueberry Farm #S U-96-9 except that overflow pipes shall be connected to an approved conveyance system. The following note shall be contained on the face of the final plat: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. V. The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the subject site downstream to the point where stormwater discharges to the City of Kent stormwater drainage system, or for a distance of one- quarter mile, whichever is further. The owner/subdivider shall identify all downstream reaches which do not have the capacity to carry the 100-year, 24-hour peak design flow rate Should downstream capacity be insufficient to convey the 25-year, 24- hour peak flow rate, the owner/subdivider shall either provide necessary off-site improvements (and easements or drainage releases/waivers where necessary), OR further detain/retam stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the owner/ subdivider will have to further restrict the release of stormwater from this development vi. Approved Detailed Drainage Plans will include the requirement to install approved anti-dumping, storm drainage markings adjacent to all catch basins and/or drains within the entire site and unmediately adjacent to the site on public right-of-ways vii. Approved Detailed Drainage Plans will include a posted Construction Bond for all work contained within both Detailed Drainage Plans and Temporary Erosion/Sedimentation Control Plans viii. A Landscape Plan for within and surrounding the detention facility shall be submitted to the Kent Planning Department and the Conditions of Approval Blueberry Farm #SU-96-9 Department of Public Works for concurrent review and approval prior to approval of the Detailed Drainage Plans. ix As-built drainage plans for the entire site meeting the requirement of Appendix E of the Construction Standards shall be prepared by a professional land surveyor licensed by the State of Washington and approved by the City prior to release of any Constriction Bonds. X. Approved Detailed Drainage Plans may require acquisition of either: off-site public drainage easements. e. A Detailed Grading Plan for the entire Subdivision, including provisions for streets, utilities, and a constructed building pad for every lot. This Detailed Grading Plan shall meet the requirements of the City of Kent Construction Standards and shall be consistent with the required Detailed Tree Plan i. The Grading Plan will require an approved Soils Report which includes specific provisions for: the proposed detention pond system; the long-term stability of all slopes steeper than 2.1, and Roof Downspout Infiltration Trench design parameters ii. The Grading Plan will reflect the approved Tree Plan and clearly show which trees are designated to remain upon completion of grading. f. The owner/subdivider shall submit a Detailed Tree Plan for the general site, for the roadway, and for all individual lots showing all trees six inches in diameter or greater, and their relationship to any proposed structures. This plan must be approved by the Kent Planning AND Public Works Departments prior to approval and construction of the final roadway design and prior to the issuance of a development permit for any Iot. No trees of six inch caliper or greater shall be removed from any lot except to a tree plan approved by the Kent Planning Department. g. A Temporary Erosion/Sedimentation Control Plan for the entire subdivision which appropriately reflects the Detailed Grading Plan discussed above. h. A 32-foot wide paved roadway for SE 264th Place; concrete curbs and gutters; five [5]-foot wide concrete sidewalks along the both sides of the Conditions of Approval Blueberry Farm #SU-96-9 street; street lighting; storm drainage, street channelization; utilities and appurtenances, and 35-foot radius curb returns at the intersection of Southeast 264th Place and 110th Place SE. This shall also provide for a transition designed to a 25 MPH design speed to the section of SE 264th Place to be constructed to the west of the subdivision -- if not already constructed by the developer of the Mack Park Subdivision. 1. A 32-foot wide paved roadway; concrete curbs & gutters on both sides of the street, five [5]-foot wide concrete sidewalks along both sides of the 110th Place Southeast, street lighting; storm drainage; street channelization; utilities and appurtenances, and cul-de-sac turnarounds per City Standards for a Residential Street. This shall include a minimum 49- foot right-of-way along the roadway and a 51.5-foot radius [at nght-of- way-line -- 45-feet at the curb line] in the cul-de-sac turnarounds, and 35- foot radius curb returns at the intersection of the plat street and Southeast 253rd Street Unless the owner/subdivider revises the subdivision map, and dedicates and constructs a cul-de-sac turnaround at the southerly terminus of 110th Place SE, the owner/subdivider shall alter the access to all lots south of Southeast 264th Place Access to these lots shall be via a Private Access Tract Roadway meeting applicable City Standards, instead, augmenting the standard design to include pedestrian walkways on both sides of the access tract. The owner/ subdivider shall then construct a 24-foot wide access roadway, with five-foot wide concrete sidewalks along both sides of the roadway, and with an alignment that places the alignment of the access tract roadway radial to the construction centerline of the horizontal curve connecting 110th Place SE and SE 264th Place. j A 24-foot wide paved roadway; concrete curbs and gutters on the northerly side of Southeast 264th. Place from the easterly subdivision boundary to the current end of the improvements in the 11200 block; including an asphaltic concrete paving section designed to City Standards for a Residential Street; concrete curbs, gutters, and a five [5]-foot wide concrete sidewalk along the northerly side of the SE 264th Place, street lighting; storm drainage; street channelization, utilities and appurtenances k. A 10-foot wide asphaltic concrete paved walkway, from 110th Place SE to the northerly subdivision boundary at a location between Lots 6 and 7 This walkway shall include a asphaltic concrete paving section, fencing, storm drainage systems, and suitable night-tine illumination Conditions of Approval Blueberry Farm #SU-96-9 1. A 10-foot wide asphaltic concrete paved walkway along the northerly subdivision boundary, from the northeasterly comer of Lot 7 westerly to the intersection of SE 264th Street and 108th Avenue SE. This walkway shall include an asphaltic concrete paving section, fencing, storm drainage systems, and suitable mght-time illumination. If the owner/ subdivider chooses to revise the configurations of Lots 4, 5 and 6 per Condition B. 5, above then: m A 24-foot wide paved roadway meeting applicable City Standards for a Private Access Tract Roadway including an asphaltic concrete paving section designed to City Standards for a Residential Street; storm drainage; street channelization;utilities and appurtenances.. 11. The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B, above, and provide all public and private easements necessary for the construction, operation, and maintenance of the required unprovements. 12. Dedicate five percent (5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. C. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE BLUEBERRY FARM SUBDIVISION: I. The owner/subdivider shall submit detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards to the Department of Public Works for review and approval prior to any on-site work. 2. The owner/subdivider shall construct and receive City acceptance/ approval of the required wetland mitigation measures required for this development. 3 The owner/subdivider shall receive City approval of the as-built drainage plans for the entire site shall be prepared by a professional land surveyor. 4 Construct all improvements required in Sections A & B, above r Conditions of Approval Blueberry Farm #SU-96-9 1. A 10-foot wide asphaltic concrete paved walkway along the northerly subdivision boundary, from the northeasterly comer of Lot 7 westerly to the intersection of SE 264th Street and 108th Avenue SE. This walkway shall include an asphaltic concrete paving section, fencing, storm drainage systems, and suitable night-time illumination. If the owner/ subdivider chooses to revise the configurations of Lots 4, 5 and 6 per Condition B. 5, above then: in. A 24-foot wide paved roadway meeting applicable City Standards for a Private Access Tract Roadway including an asphaltic concrete paving section designed to City Standards for a Residential Street, storm drainage; street channelizatmon; utilities and appurtenances 11. The owner/subdivider shall dedicate all necessary public nght-of-way for the improvements listed in Section B, above, and provide all public and private casements necessary for the construction, operation, and maintenance of the required improvements. • 12 Dedicate five percent (5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. C. PRIOR TO ISSUANCE OF A BUILDING PERAIIT ON ANY LOT IN THE BLUEBERRY FARM SUBDIVISION: 1 The owner/subdivider shall submit detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards to the Department of Public Works for review and approval prior to any on-site work. 2. The owner/subdivider shall construct and receive City acceptance/ approval of the required wetland mitigation measures required for this development. 3 The owner/subdivider shall receive City approval of the as-built drainage plans for the entire site shall be prepared by a professional land surveyor. 4 Construct all improvements required in Sections A & B, above Conditions of Approval Blueberry Farm #SU-96-9 1. A 10-foot wide asphaltic concrete paved walkway along the northerly subdivision boundary, from the northeasterly comer of Lot 7 westerly to the intersection of SE 264th Street and 108th Avenue SE. This walkway shall include an asphaltic concrete paving section, fencing, storm drainage systems, and suitable night-time illumination. If the owner/ subdivider chooses to revise the configurations of Lots 4, 5 and 6 per Condition B. 5, above then: M. A 24-foot wide paved roadway meeting applicable City Standards for a Private Access Tract Roadway including an asphaltic concrete paving section designed to City Standards for a Residential Street; storm drainage; street channelization;utilities and appurtenances. 11 The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B, above, and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements 12 Dedicate five percent (5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth m Ordinance No. 2975 C. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE BLUEBERRY FARM SUBDIVISION: 1. The owner/subdivider shall submit detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards to the Department of Public Works for review and approval prior to any on-site work. 2. The owner/subdivider shall construct and receive City acceptance/ approval of the required wetland mitigation measures required for this development. 3. The owner/subdivider shall receive City approval of the as-built drainage plans for the entire site shall be prepared by a professional land surveyor. 4 Construct all improvements required in Sections A&B, above • Conditions of Approval Blueberry Farm #SU-96-9 1. A 10-foot wide asphaltic concrete paved walkway along the northerly subdivision boundary, from the northeasterly corner of Lot 7 westerly to the intersection of SE 264th Street and 108th Avenue SE. This walkway shall include an asphaltic concrete paving section, fencing, storm drainage systems, and suitable night-time illumination. If the owner/ subdivider chooses to revise the configurations of Lots 4, 5 and 6 per Condition B. 5, above then: In A 24-foot wide paved roadway meeting applicable City Standards for a Private Access Tract Roadway including an asphaltic concrete paving section designed to City Standards for a Residential Street; storm drainage; street channelization; utilities and appurtenances.. 11. The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B, above, and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements • 12 Dedicate five percent (5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No 2975 C. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE BLUEBERRY FARM SUBDIVISION: 1. The owner/subdivider shall submit detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards to the Department of Public Works for review and approval prior to any on-site work. 2 The owner/subdivider shall construct and receive City acceptance/approval of the required wetland mitigation measures required for this development. 3. The owner/subdivider shall receive City approval of the as-built drainage plans for the entire site shall be prepared by a professional land surveyor. 4 Construct all improvements required in Sections A&B, above. • Conditions of Approval Blueberry Farm • #SU-96-9 1. A 10-foot wide asphaltic concrete paved walkway along the northerly subdivision boundary, from the northeasterly comer of Lot 7 westerly to the intersection of SE 264th Street and 108th Avenue SE. This walkway shall include an asphaltic concrete paving section, fencing, storm drainage systems, and suitable night-time illumination. If the owner/ subdivider chooses to revise the configurations of Lots 4, 5 and 6 per Condition B 5, above then: in. A 24-foot wide paved roadway meeting applicable City Standards for a Private Access Tract Roadway including an asphaltic concrete paving section designed to City Standards for a Residential Street, storm drainage; street channehzation; utilities and appurtenances.. 11. The owner/subdivider shall dedicate all necessary public nght-of-way for the improvements listed in Section B, above, and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements. 12. Dedicate five percent (5%) of the total plat area being developed as open space . park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. C. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE BLUEBERRY FARM SUBDIVISION: 1. The owner/subdivider shall submit detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards to the Department of Public Works for review and approval prior to any on-site work. 2. The owner/subdivider shall construct and receive City acceptance/ approval of the required wetland mitigation measures required for this development. 3. The owner/subdivider shall receive City approval of the as-built drainage plans for the entire site shall be prepared by a professional land surveyor. 4 Construct all improvements required in Sections A &B, above. • dLO 0) ryoi I 10� 1 Q J •T' z%I _ _ �_ I_ _ _ _ _ _ _ _ _ -__ J 150 71•I9"I 202 B0 I Ln .J9 BG .9t .. 66,, 0~1 I I 1�96 601 00 LL O' al f _ _ _ _ _ _ _ _ _ _ _ _ � `'S y •qq LL N (71 n m (� I O3 b ^N sra s,z I I� LL o LL d� N b e 6g' 1 N 1p' • $ O m �94116 y5 n m $ 1 \$ ^m•`I 1 t ut t h I y{6 ^ Q. 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ZON'D�On WbbN o r.Y�go qh��h 00 � NObm OOCNbn ACOOFawN ♦h NNU� O�hhh I ww a U� �bb Ob On Oh ONr• NON � tOhZZ22h N2hhN M 1 3yGb0 U 4G444444 N OC I b (0.31tl3).9£C99Z (31411 N01103S) M„011.9Z-OON A 111 ...... { 07I7 -: 1 _�n „�•�.H Innnl r - - b � � _ _ nt Cale ' ' 1. SUBJECT: SWAN COURT- IVISIOw III BILI �„ �'� .ACCEPT 2 . SUMMARY STATHMENT: recommended b �' c Works :i Director, accept the St It of Sale for Division III submitted by Dreamcraft,,!Ho%es for cont i�i ' � Lion and maintenance of 134 feet ,oaf sanitary sewsI9 feet of 'i storm sewers. Bonds ar4 to be released-& ;rye-year i ? 4- maintenance period. �'ii S �l?roject is locs � ;�+ "� 05 SE 240th T' G Street. p y W , If s ' 1 JII ` " tr ,3 . EX S: None 4 . RECR1 1MJD, BY: Public r Director a (Committee, Staff, x#er, Cpmmissioxi"41 r S . B1T8UUQMTEl) ICAL/FIRS I) PACT: i' V 14' YES 6. E$FENITURB REQ[FC SoT�2�' i of ,{ , 7 . CITti'�C RRUKCI� ACTIONS - a + CuOnci�mel ?er `iTClQ'iAe6, C©1iS1c1lilt �u s", seconds' DISCUSSIM f ACTTON: �. ;yy90 _ i' Pis s 2 a Agel '*'em 'No. 6H :s'I I ro Mee, i,y{,$� rch 5, �0 rF'�' " F 'aftber Busi 41 .J1 I. SUBJECT: TERM LIMIT;' f REPEAL ORDI k _ f , r ,^ x SUl¢�gA18Y S �NTs ;, ,e#�t City Cod@ s { ;_0 030 and2 . 02 0established t�' limits for the,,, � f City ` rCouneiYmember and Mayp�a the proposed o tuld repeal' ' these term limits. , '' :r t� Iy' F s 3 . E EtTS: ordinance 414„ �xistinq Code ,�T f 4 . RECOr DO BY: erat3 iCommit ee [ ' (Committee, Staff, E ner, Commissi'o ? ' 1 J 5. UNSUDGETED FISCALIFERg Imp�iCTs NQ'41 � 'J � YES r k 6. EXP N,p3TW RE RED: .�` SOU !RCOF ,F' f3 : 7. CITY C4UNCIL ACTIONa �' ` � Councilmember � �' vea, Councilarce b ,d F a �.r a secon4se s adoption of'.Ordinance' *, which =aoo I limits for ' ' Councilmembers and the r �_ DISCUSSION: AG"dlibNa ' ' ' " -.yy cil Age , (rr ,r 3y' d✓' f em No. 7A ' ' ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapters 2 01 and 2 02 of the Kent City Code by repealing those sections relating to term limits for the Mayor and City Council Members. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 2.01 of the Kent City Code is hereby amended by repealing Section 2.01 030, entitled "Term limits for council members," in its entirety SECTION 2. Chapter 2 02 of the Kent City Code is hereby amended by repealing Section 2 02 020, entitled "Term limits for mayor," in its entirety SECTION 3. —Severability If anyone or more section, 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. 1 Term Limits— Councilmembers and Mayor SECTION 4. — Effective Date This ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law. 0 RIM WHITE, MAYOR ATTEST. BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY PASSED. day of .12002 0 APPROVED day of 2002 PUBLISHED: day of 2002. I hereby certify that this is a true copy of Ordinance No passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 2 Term Limits— Councilmembers and Mayor • Chapter 2.01 CITY COUNCIL* 2.01.030 Term limits for council members. No person may serve on the city council, whether by election or by appointment, consecutive terms which exceed twelve (12) years Terms previously served or terms currently being served on the effective date of this provision shall not be counted as part of the term limits established herein (Ord No 3283, § 1, 3-19-96) Chapter 2.02 MAYOR* 2.02.020 Term limits for mayor. No person may serve as mayor, whether by election or by appointment, consecutive terms which exceed twelve (12) years Terms previously served or terms currently being served on the effective date of this provision shall not be counted as part of the term limits established herein (Ord. No. 1977, § 2, Ord. No. 3068, § l(2.02.020), 9-1-92; Ord. No. 3283, § 1, 3-19-96. Formerly Code 1986, § 2 02.020) 41 JAI 1- Mee s, { O Baer Buse I 11 C �d' S T: PUBLIC RECp k3;REQt7EST PROC INA 7CE ;j s ST E 42 .17 RCW -the; public u,•;' i I:' shall be given full acy� cap"s to public re I re of fairnessj� s and governmental processes, and to assure`tf�t�.�' � I continuing public confiente ic interest � will be fully protected in order to i level of customer service ,to thy' lic; ' the City;, _ ��ziired a Records Management of er whose re no. ,, i;Nclude the " processing of all ubl records re g P C,�ur 's current, policy regarding the Ids dosing=of pxblt squests is � ;, ' contained within the C yl�o Policy Maftua�, � �;lable to al i - FCity staff. however,, z, ip policy manual ways easily '_ available, to 'the public^ By cppverting � � City of Kent Administrative Policy 1 .3 from a poi :y won to a 9' code provision and all(b irtg submittal of rough the ' ` "r; City' s website, the to will be bete g PuJW t_ #v ,__ Access the 'Citys processing procA ure. J �,aq, ,• This ordinance was orio na.ly brought b6pi . ' oil on February S, 2002; ho r, Council wish ' rate ' additional changes to, 1pw for the sub sts via i 3 � . � 1 ' an interactive web Page Mich the Ci�y��'�' ione 4 " Technology Department ]� installed and , :iow online. } `N 3, Z8 S: , Ordinance , Y 4 . EtECOM. ' XD BY: Counci y ? (Committee, Staff, x$er, Cot¢i[ie k' 5. UNBUDWTW FISCAL/P$ s ' fE ' '� ' YES E x 6. EXPZ=3:TURE REQUIRED: SOURS OF FUNDS: y �",. F 7 . CITX COUNCIT, ACTIOIJ�: s , . 4 Councilmember CA 'mdpves, Counailme p seccn4 s�a F =' a adoption of Ordinance ' $ which a and codiep; fi� R policies relating to the- processing of p ° ds requests•. DISCUSSION: ; a,ia At" tlit ' ACTION: 4i, d;j �` ail Ag iSI A x 1 • ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 105 of the Kent City Code, entitled "Public Records Indexes and Records Requests under the Public Disclosure Act," establishing and codifying new policies relating to the processing of public records requests. WHEREAS, Ch. 42.17 RCW provides that the public shall be given full access to public records to assure continuing public confidence of fairness of elections and governmental processes, and to assure that the public interest will be fully protected, and WHEREAS, in order to improve its level of customer service to the public, the City recently hired a Records Management Officer whose responsibilities include facilitating the response to all public records requests; and WHEREAS, the City's current policy regarding the processing of public records requests is contained within the City's Policy Manual made available to all City staff However, this policy manual is not always easily available to the public; and . 1 Public Disclosure Index WHEREAS, by converting the current City of Kent Administrative Policy 1.3 from a policy provision to a code provision, the public will be better able to access the City's processing procedure; and WHEREAS, this ordinance also modifies existing policy provisions to clarify and streamline the processing procedure, to make some records that each department can individually designate as "over the counter" records available without completion of a request form, and to make other revisions and additions to the existing policy in order to provide a quicker response to the public; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 105, entitled "Public Records Indexes and Records Requests Under the Public Disclosure Act," is hereby amended to read as follows- CHAPTER 1.05 PUBLIC RECORDS 1NDEXES AND REGORDS REQUESTS UNDER THE PUBLIC DISCLOSURE ACT- Sec. 1.05.010. Purpose. The objective of this chanter is to establish the process for obtaining public records as reouired by Chapter 42 17 of the Revised Code of Washington Failure of the City to fully comply with any provision of this chapter shall not result in any liability imposed upon the City other than those outlined in Ch 42 17 RCW. Sec. 1.05.420. Index of Public Records -Findings. A. Ch 42 17 RCW requjres all cities and public agencies to maintain and make available a current index of all public records. B RCW 42 17 260(4)(a) provides that if maintaining such an index would be unduly burdensome, or would interfere with agency operation, a city need not maintain 2 Public Disclosure Index such an index but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome. C. The City of Kent is comprised of twelve departments, their divisions and subdivisions, which maintain separate databases and/or record keeping systems for the indexing of records and information D. Because the city has records which are diverse, complex and stored in multiple locations and in multiple computer systems, formats and/or databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records E The City of Kent will make available for inspection and/or copying all public records, including any indexes that are maintained by the City pursuant to the Public Disclosure Act, Ch 42 17 RCW and this chapter. Sec. 1.05.0230. Order regarding Public Records Index. Based upon the findings set forth in KCC 105 024-0, and pursuant to RCW 42 17 260(4)(a), the City Council orders the following A The City of Kent is not required to maintain a current index of public records due to findings of the City Council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain, and B Pursuant to Ch. 42.17 RCW and this chanter, the City of Kent shall make available for public inspection and/or copying all public records and any indexes of i public records maintained by the City to the extent not exempt from inspection and/or copying pursuant to RCW 42 17 310 or other applicable law. Sec. 1.05.040. Form and manner of request for public records. A All requests for public records shall be made in writing and delivered in person, by mail, or electronicallv through the City's online Public Records Request form. Requests delivered by facsimile, electromcally, other than those requests submitted through the City's online Public Records Request form, telephone, or orally will not be accepted as valid public record requests 3 Public Disclosure Index B. The City will provide a public records request form that may be used by those requesting public records The public records request may be submitted on the form • provided by the City, or in another written format that contains the following information: 1. The date of the request; 2. The name of the requestor; 3. The full address of the requestor; 4. The telephone number of the requestor, 5 A complete descnption of the requested record; 6 The title and date of the requested record, if known; 7 The location of the requested record, if known; and 8 Whether the reeguestor intends to inspect the records or to obtain a photocopy of the records, at the cost set forth in section 105 100 below C Requests for public records shall be submitted to the Records Mana ee ment Officer located within the City Clerk's Office, 220 Fourth Avenue South, Kent, WA 98032, or his or her designee, or online through the City's web site. The Records • Management Officer has designated City employees listed in subsections (1) through (4) below who may receive public record requests directly for specific records identified below in an attempt to provide the quickest response possible If the record reguested is not identified in subsections (1) through (4) below, or the requestor is unsure of where to file the request, the request shall be filed with the Records Management Officer of the City Clerk's Office 1 The Records Manager of the Police Department if the request is to inspect and/or photocopy a police or incident report The request shall comply with subsections (A) and (B) herein and shall be delivered to the Police Department, 232 — 41h Avenue South, Kent, WA 98032, or 2. The Records Manager of the Fire Department if the request is to inspect and/or photocopy a fire report or an aid report The request shall comply with subsections (A) and (B) herein and shall be delivered to Fire Station 74, 24611 — 116'h Avenue S.E., Kent, WA 98031 All other requests for records of the Fire D2partment 4 Public Disclosure Index outside of fire and aid reports shall be submitted to the City's Records Management Officer as presenbed in subsection (C) above, or 3 The Records Manager of the Commumttv Development Office if the request is to inspect and/or photocopy, a plannmg file which the departmental records manager, in his or her own discretion determines to be readily available and easily accessible to the requestor without siatficant staff time expended. In the event the departmental records manager believes that the request cannot be fulfilled without staff impacts then he or she shall refer the requestor to the Records Management Officer located in the City Clerk's Office: or 4 The Records Manager of the Public Works Department if the request is to inspect and/or photocopy a public works file which the departmental records manager, in his or her own discretion determines to be readily available and accessible to the requestor wtthout significant staff time expended In the event the departmental records manager believes that the request cannot be fulfilled without staff impacts then he or she shall refer the requestor to the Records Management • Officer located in the City Clerk's Office D If the requestor submits the request on the form provided by the City, the Records Management Officer or his or her designee should indicate on the form the estimation of time necessary to provide a final response to the request. hi the event the estimation of time necessary for providing records does not appear on the form, the estimated time for providmiz disclosable records shall be twenty-one (21) calendar days Records provided in response to a public records request shall be those documents of record available for disclosure as of the date of the request E Each City department may designate within its own department certain "over the counter" records available to the public for immediate inspection without the ree uirement of a formal public records request as set forth in section 1.05 040 In the event a photocopy of such "over the counter" records is requested, and if the requested record is an 8%2' x 14" a e or smaller, the department may rovide the first ten 10 pages free of charge However, if the photocopies exceed ten (10) pages a public 5 Public Disclosure Index disclosure request will then need to be completed and the applicable duplication cost paid I Sec. 1.05.050. Initial response to request. A The City shall make an initial response to the request for public records within five (5) business days of receipt of the request In the event a request for public records is received after 5 00 p.m , the request shall be deemed to have been received on the next business day. Depending upon the nature of request the City may respond initially by- 1 Producing the record - or the disclosable portions of the record - after the payment of applicable fees: 2 Acknowledging the City's receipt of the request accompanied by an estimate of the time necessary for further response: 3 Denying the request accompanied by an explanation of the basis for the denial: 4 Requesting a deposit. or 5. Requesting clanfication of the request B In the event that the requestor completes the City's standard public records request form the retumed copy provided to the requestor shall constitute the initial response by the City with the estimation of time necessary for further response In the event the estimation of time necessary for providing records does not appear on the form the estimated time for providing disclosable records shall be twenty-one (21) calendar days. Sec. 1.05.060. Final response to request. A public disclosure request is not continuing in nature. In the event additional records are created after the date of the ree uestor's onainal public records request the requestor will need to submit a new request. Any records or portions of records disclosed by the City wt11 be provided to the requestor in the same format as they are retained: provided that any disclosable records contained on a computer or other electronic or mechanical device shall, at the 6 Public Disclosure Index discretion of the City, be provided in pnnted form on disk or in another format. If the requestor specifies a format in which the records should be disclosed, the City will disclose the records m the requested format if.• (1) it is determined that disclosable records exist (2) the Crtv is capable of Qrovidmg the records in the format requested, (3) the format requested is reasonable and (4) the requestor gays all fees required by this policy. The City's response to the request shall be deemed complete and the City's response final upon (1) requestor's inspection of the records or (2) in the event photocopies were requested upon notification to the requestor that the photocopies requested are available for payment and pick-um Sec 1 05 070 Inspection of Records. In the event a requestor chooses to inspect records the Crtv shall notify the requestor once the records which respond to the request are available for inspection The records will be available for inspection at a date and time mutually agreeable between the requestor and the City's Records Management Officer, or his or her designee The appointment to inspect the records may be broken into intervals gossibly over a couple of days so as to not interfere with the daily operations of the Crtv Clerk's Office the Records Management Officer, or other City employees Any appointment to inspect records shall be limited to no more than a two (2) hour appointment on any given day, unless otherwise mutually agreed upon between the requestor and the Records Management Officer, or his or her I designee Records that have been pulled for inspection shall be made available to the requestor for a penod of no more than fourteen (14) calendar days In the event_a requestor fails to contact the Records Management Officer, or his or her designee, within fourteen (14) calendar days of being notified that the records are available for inspection: (1) the records shall be returned to the ongtnatmg department: and (2) the requester will need to submit a new request for the records and the process will begin anew Sec. 1.05.080. Records subiect to disclosure. The ON need only disclose records to the extent required or permitted by state or federal law and nothing in this 7 Public Disclosure Index policy shall be interpreted as regumng the disclosure of any record that is not subject to disclosure by state or federal law. Generally, any record, or portion thereof, which is exempt from disclosure will not be disclosed and mformafion contained in the records may be removed to the extent necessary or permissible by law. The City will not create records or documents m response to a request for public records that do not exist at the time the request is made. Sec 1 05 090 Denial of request — Appeal. In the event that the Records Management Officer demes a request for public records the requestor may appeal the denial to the City Clerk In the event that no response to the appeal is delivered to the requestor within two (2) business days of the City's receipt of the appeal, the denial may be deemed fmal. Sec 1 05 100 Duplication and transmission fees Pnor to the disclosure of any public record duplication fees shall be collected. The City's Records Management Officer shall establish update and post applicable duplication fees as appropriate Each department and the City Clerk shall have the department's fee schedule available for inspection upon request. n providing a response to a records request the City will provide all audio tapes videotapes computer diskettes or other media requested. No requestor provided media will be used. Sec 1 05 110 Deposit for duplication In the event that it is estimated that the duplication or transmission fees applicable to a particular records request exceed e25 00 the City, at its discretion may require the requestor to deposit a sum equal to 75% of the estimated cost pnor to duplication of the records. In the event that a deposit is required the City will notify the requestor of the necessity of the deposit. Any deposit shall be made in accordance with section 1.05 120 of this chapter hi the event that the actual duplication and deposit fees are less than the amount deposited by 8 Public Disclosure Index the requestor, the City will return the sum in excess of the actual amount to the requestor. Sec 1.05.120. Payment of required fees. Payment of duplication and delivery fees shall be made prior to the disclosure of public records When required pursuant to section 1.05 110 of this chapter, the payment of a deposit shall be made prior to the duplication of any records All payments shall be made by cash money order, or check payable to the City of Kent. Payment shall be made in person at the Customer Service Desk located in the Centennial Center, 400 West Gowe St , Kent, Washington 98032 or by mail to the Records Management Officer, City Clerk's Office 220 Fourth Avenue South, Kent, Washington 98032 Sec 1.05.130. Failure to pav required fees. In the event a requestor fails to pay a bill for fees incurred within 30 calendar days, the City shall require the requestor to pay in full the past due amount owed (together with any accrued interest) before it will begin processing a new request or a pending request from the delinquent requestor In addition the City may require advance payment for any future requests of the full amount of the estimated fee before the agency begins to process a new request or a pending request from that requestor If the City is unable to collect the duplication fees from the requestor, the City may, upon providing thirty (30) calendaz days pnor wntten notice to the requestor, destroy the duplication set of records made available for the requestor in order to avoid storage concerns Although the records are destroyed, the requestor shall still be made responsible for the costs the Citv incurred in duplicating the records ong_inally reauested by the requestor SECTION 2. —Severabday If anyone or more section, 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. 9 Public Disclosure Index SECTION 3. — Eflect:ve Date Tlus ordinance shall take effect and be in force thirty(30)days after passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM- TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2002 APPROVED: day of 2002 PUBLISHED day of 2002. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 10 Public Disclosure Index fill dog, r ' EAST HILL' 7 � SPO7iT$ COMP ,r 2 . SiJ Y ST1 IXXMgT: [ e ;bid.open '1� � ect was held February 28, 200R a roue to. time ao' i the bid ` sum i not inclu merry 8 de4, ia :the 4genda. VLldrector wild., a make a recommendation #qj, olat the' Co a ing. I ft ere i r � W[I a li/ h te` dJ 75 ILI fin •y x f gal $ lit ,4. R 8 S: None. The ; •d ;tab will bel , ��. JIC RRa2M�MBY: staff' (Committee, Staff, 7�7ner, Coumiae4d ,e '�31 ES 5- GM Ry B�.iLY Fil i�P �f� �k 31�ii YES f • 6. Exp EMM-- REOMRM: a' .r b announced SOMCE OF �v8�J38 : Real Dxcise v, 'lye . " 7 . CITY 29ML1 : ACTIIONa . . 1 Coumeilmemil l , ves, Council � . � fiu: � I second' „ � ,.t DISCUSSION: � �, ��IIle ," ACTION: 8888gd a r 8d,, £ } oil Aged, ' ;I;' , ',-i �5 i�,em No. 8A • Kent City Council Meeting Date: March 5, 2001 Bids 1. SUBJECT: EAST HILL YOUTH SPORTS COMPLEX - AWARD CONTRACT 2 . SUMMARY STATEMENT: The bid opening for this project was held on February 28, 2002, with seven (7) bids received. The apparent low bid was submitted by Stan Palmer Construction in the amount of $3, 572, 000 .00 . The Engineer's estimate was $3, 600 000 . 00 . The Parks Director recommends awarding the contract to Stan Palmer Construction for $3, 572, 000 00, plus WSST. 3 . EXHIBITS: The Bid Tab is attached 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: YES X NO • 6 . EXPENDITURE REQUIRED: $3 , 572, 000 00, plus W.S.S.T. SOURCE OF FUNDS: R.E.E.T.II and future Councilmatic Bonds 7 . CITY COUNCIL ACTION: 8 Councilmember W 044moves, Councilmember seconds to award the East Hill Youth Sports Project to Stan Palmer Construction in the amount of $3,572, 000 .00, plus WSST and establish a budget for the project and declare intent to bond for a portion of the funds . DISCUSSION: ACTION: nn Council Agenda Item No. BID TABULATION FORM KENT PARKS, RECREATION & COMMUNITY SERVICES CITY OF KENT, WASHINGTON PROJECT: PR 02-01 NAME: East Hill Youth Sports Complex DATE: February 28. 2002 TIME Due: 1.00 p m. Opened: 1:15 p.m Bidder: Total Lump Addendum #1, Add. Alternate Sum Bid: #2, #3, #4, #5, #1 (in dollars) #6, and #7: 1-7 received 1. Stan Palmer Construction $3,572,000.00 0 1-7 received 2. Father & Son Construction $3,749,000.00 - $50,000.00 1-7 received 3. Kassel Construction $3,968,000.00 - $117,000.00 1-7 received 4. Strand Hunt Construction $4,166,000.00 - $123,652.00 • 5. Mid Mountain Contractors $4,289,000.00 1-7 received - $100,000.00 1-7 received 6. CA Carrey Corporation $4,350,000.00 0 1-7 received 7. OHNO Construction $4,650,127.00 - $129,430.00 ENGINEER'S ESTIMATE: $3,600,000.00 The apparent low bidder is Stan Palmer Construction at $3,572,000.00. The bid documents are under staff review and will be presented to Kent City Council for recommendation of award on Tuesday, March 5, 2002. rr y�. .. RE1 ?RT$ �_� �n., F � ri• 9 � y `� 4 A. COUNCIL PRESIDE y �` .a (r °' B. OPERATIONS COMMILao E C. PUBLIC SAFETY COMP TTEE D. PUBLIC WORKS ' „ E. PLANNING COMMITTE4 &Vh � �� j 3Arm a ' F. PARKS COMMITTEE duct — a M1 .n � � G. ADMINISTRATIVE R«8p_�fR4'� f �l.f.l�l'WV �YI�L�.• !�1 G$.G�T'7� ry' �f �"t y�L�i� REPORTS +a ,SPEC CO1VRdI �, i'w{ � Ali 1 " d yT • Operations Committee Minutes 2/5/02 COMMITTEE MEMBERS PRESENT Chair Rico Yingling, Judy Woods, Leona Orr STAFF PRESENT Bruce White, May Miller, Dan Meeker, John Hodgson, Marty Mulholland, Stan Waldrop, Sue Viseth, Steve Hamilton, Tim Clark, Julie Peterson, Dena Laurent, Cyndi Wilbur, Mike Martin, Don Wickstrom, Melanie Manning PUBLIC PRESENT Jeff Barker, Ted Kogita, Joe Rubio, Ted Nixon, The meeting was called to order by Chair Rico Yingling at 4 02 PM Approval of Minutes of January 15, 2002 Committee Member Judy Woods moved to approve the minutes of January 15, 2002 Committee Member Leona Orr seconded the motion, which passed 3-0 Approval of Vouchers of January 31, 2002 Leona Orr moved to approve the vouchers of January 11, 2002 The motion was seconded by Judy Woods Ms Orr recalled that she had asked a question at the last meeting about charges on the Council budget to Lyle Sumek and said she was still waiting to receive an answer Chief Administrative Officer Mike Martin said he would find out about the charges. The motion then passed 3-0 Golf Course Svstem Software Purchase City Web Master Dan Meeker said the Golf Course System Software Purchase was supposed to be part of Technology Plan II, but staff had decided to do it now because otherwise the Course would have to wait for another year while existing on their old system Last fall a committee of four people was put together from Riverbend Golf Complex, Information Technology, and Finance to find out what the requirements were for the system. An RFP was put out and responses were evaluated. Two vendors were invited to come to the City to demonstrate their products, and staff visited two vendor customer sites to see the live product in action A-Team by sZen Corp (based in the Tn- Cities area) really stood out as the best system The system is very easy to use and has all the functional needs such as cashiering, reservations, lesson scheduling for pros, tournament management, inventory management, and also has a customer data base to keep track of customers and activities SZen's customers gave glowing reports about its support. Some of the benefits of the golf complex management system will be information and _ efficiency Tracking can be done for inventory,prices, turnover, sales, and for which products sell and which don't. Things can be automated so gift certificates can be done on the system rather than by hand, the frequent players can be tracked to give the Course better marketability, and cashiers will have touch screens so people can be processed more quickly and won't have to wait in line as long. The system will ultimately increase sales The whole system is integrated and networked so it can be accessed at any of the Operations Comituttee, 2/5102 2 four Riverbend Complex locations with customers able to make reservations or schedule lessons from any area. Rico Yingling asked if the system was compatible with the JDE system•. Mr Meeker said it would not have a direct connection but there would be an export feature. Information could be entered into the golf system and then exported to a file that JDE could read. Judy Woods moved to recommend that Council authorize the Mayor to sign a contract with sZen Corporation for the purchase of Golf Complex Management Systems and Services, subject to City Attorney approval of contract documents. Leona Orr seconded the motion. Judy Woods clarified that this was not new money but money budgeted from the past to be used over a period of years —the project was just being moved up one year Finance Director May Miller added that the Golf Course has paid about$100,000 per year for the last 10 years (or about 51,000,000) in fees to the General Fund for information technology to provide them with upgrades of equipment and PCs (as have all of the City departments) The motion then passed 3-0. 2002 Budget Adjustment Mike Martin said that when the budget was put together last fall, revenue projections were made based on the notion that the economy would be turning around from its slump, probably sometime in the second or third quarter of the new year After the September 1 I`h attacks and some economic downturns, it became prudent to understand that the revenue hoped for in the second or third quarter wouldn't materialize Meanwhile, about $1 2 million was used from the General Fund Reserve to balance the budget with the thought that it would be a one-time event that wouldn't have to be worried about the following year. It became clear that the revenue wouldn't become available until the beginning of the fourth quarter this year or first quarter next year, so expenditure reductions were made in the first part of this year when it would be easiest to get the biggest bite and bang for the buck. $1.2-3 million worth of budget reductions equated to around a 2% reduction for all the departments who were asked to look internally to find the reductions that would be the most transparent to the public and that would injure City services the least. Reductions were divided into two parts salary and benefits cuts for about $513,000 and other miscellaneous cuts ranging from subsistence, to office supplies, to professional services, to the number of times the grass is cut in the parks, to reducing some of the costs (such as electricity and water), to the actuals that are projected now rather than the actuals that were projected four to five months ago There were no layoffs involved, but reductions were made for about 4.55 FTEs. Two Police officer vacant positions were cut, one Public Works positron, one Information Technology positron, and an Assistant Chief positron in the Fire Department. Mr. Martin noted that that particular management position was eliminated and backfilled with a firefighter positron, but the cut was objected to by the affected unit and they will file a grievance. He said the other reductions are all re-occurring, so the General Fund has been reduced by that amount ongoing . Operations Committee,2/5/02 3 Three other budget adjustments included a full time Court clerk position added back that had been reduced last year (the Judge had asked that the position be replaced and pointed out that the workload for the Court clerks in this particular court was higher than in surrounding jurisdictions), a project manager position dedicated to the Kent Station project was added, and there were other upcoming project adjustments as well as some general economic strategies. The effect on the General Fund is about $1.355 million, but the net total adjustment is around S1 4 million because some of it is non-General Fund. In some cases, the proposed cuts weren't taken if they were thought to not fit into the desired categories or had been counted in the savings already Mr. Martin said the Departments were very cooperative and made the right budget cuts. The budget reduction restores the 10% contingency of the reserve fund, but there is still concern about some of the revenue projections If the economy remains as it is, there maybe problems in some of the construction site fees If that occurs (probably would know within the next three months), further adjustments may be necessary Mr Martin said the City has started holding vacant positions (vacancies were about 28 in December and about 35 now) which should accrue significant salary savings and will help revenue shortfalls in other areas Rico Yingling asked about the cuts to the recruitment job fairs Mike Martin said Employee Services had been trying to reach out to a diverse candidate pool and some of that money would have been used to that purpose Employee Services Director Sue . Viseth added that the $7,000 cut was additional funds that had been asked for and approved in the 2002 budget with the intention to use those funds in conjunction with the Police and Fire groups that participate in job fairs Job Fairs can cost anywhere from $1,00041,200 to participate Cutting that money doesn't mean the outreach won't be continued, but it has been put on hold for now In response to Rico Yingling's question about the elimination of the Teen Sight Program and the Seattle Symphony, Parks Director John Hodgson said the Teen Sight Program recruits 7-8 teens that help put together four-five shows each year on cable TV It allows for teaching kids audio visual tech programming and they then go out into the community and put on shows Some money is still going towards allowing some participation in the program,but it just won't be as great. Mr.Hodgson said the Seattle Symphony couldn't be scheduled this year anyway because of their concert schedule, but the money will have to be found again next year as there is now no money for next year. Leona Orr moved to recommend to Council adoption of the 2002 Budget Adjustment Ordinance with a net total adjustment of$1,407,640. Judy Woods seconded the motion which passed 3-0. Utilitv Taxes —Street Improvement—Repeal Sunset Mike Martin recounted that, in 1992, Council approved a 1% utility tax to be used for street improvements to make up for funding that had been expected to come from the legislature but didn't, and the sunset was thought to cover the temporary revenue shortfall. This particular funding source has become an important revenue source as it Operations Committee,2/5/02 4 now pays for about half of the projects from the street fund. The money is used to leverage between$1 9 and$4 7 million to match grants and LID funding, and has become the revenue source of most of the major corridor projects (including the 227`h Corridor) and the street overlay projects. The tax also underpins the efforts in economic development in aligning transportation needs with the City's economic strategy Without this particular source of funding, the CIP projects would show a deficit by 2009 and would have to be significantly revised The tax is scheduled to sunset in 2007, but there are two major projects the City wants to use the funding to bond against. the 228`s Corridor and the utilities around Kent Station. The source can't be used for those projects unless the sunset is lifted because it has to be secured for the length of the debt service, which is normally 20 years. Judy Woods moved to recommend Council adoption of the proposed ordinance repealing the sunset provision of the 1% Street Utility Tax in Section 3.18.020. Leona Orr seconded the motion. Rico Yingling stated that the biggest issue the people in the community have is transportation improvements such as street and traffic light improvements or anything that can move traffic faster and more efficiently. Leona Orr added that traffic congestion is one of the major issues that come upon citizen surveys She noted that the people are grateful for the improvements that the City has made and for those being planned for the future, and the support is therefor continued traffic improvement projects It's also important that the tax allows the leveraging of additional funds that, in the long run, will save money overall The money that comes through grants allows projects to be done in a more timely and cost effective manner than if the City tried to do them all on its own. Ted Kogita, 25227 Reith Road, Kent, said he agreed that the City needs the money from the tax—it's too far down the line now to stop it But he blamed the Council for passing the sunset clause because it was easy to pass and now, years later, has to extend it because they knowingly used the money for so many projects without being able to cover for it. He said it's the Council's fault. Councilmember Tim Clark commented that for the last 10 years, the state transportation budget has suffered under Initiative 601 (whose formula did not allow for the growth in the public school population with a result that public schools began to eat more and more of the state budget). There has been an ongoing fight for the other general budget funds, of which the biggest categories have been higher education, transportation, and social services At the local level, the ability to pay for large scale projects is based on bonding which requires a flow of revenue to guarantee the interest payments on the bonds. Public Works has struggled with the GMA and six year transportation plan and the huge costs of some of the projects in trying to bring some order to the City's transportation problems. The state hasn't come forward with a plan and Referendum 47, approved by the voters and putting up $20 billion for road projects, had its money stripped away when the voters passed I-695. • Operations Cornmttee,2/5/02 5 The motion was then voted on and passed 3-0. Real Estate Excise Tax—Ordinance Amendment Mike Martin said that the Real Estate Excise Tax Ordinance Amendment was a housekeeping measure that did not change the level of taxation but combined two competing sections in the City code May Miller added that her research had clarified (from the original minutes) that the second quarter percent fees was to go for parks. Leona Orr reminded the Committee that the only reason the item was brought back to committee was to clarify where the second quarter percent tax money went Leona Orr moved to recommend to Council adoption of the proposed ordinance to consolidate all provisions relating to Real Estate Excise Tax into one chapter in the Kent City Code. Judy Woods seconded the motion which passed 3-0. Rico Yingling commented that there are some funds that grow or change every year depending on their revenue sources, one of which is the Teen Fund which gets a certain percent from the Utility Tax As the Utility Tax grows, the Teen Fund grows without any discussion whether that money should be continued. He said he has asked May Miller to come up with a list of those type funds, and how they are calculated, that automatically change every year so Council can take a look at them and discuss whether they want to continue the rates and growth transitions of the funds The meeting was adjourned at 5 57 PM Jackie Bicknell City Council Secretary PLANNING COMMITTEE MINUTES NOVEMBER 5, 2001 COMMITTEE MEMBERS PRESENT Leona Orr, sitting in for Chair Tom Brotherton, Judy Woods, Tim Clark STAFF MEMBERS PRESENT Fred Satterstrom, Charlene Anderson, Kin Adams- Pratt, Jackie Bicknell The meeting was called to order by Chair Leona Orr at 4.05 PM. Approval of Minutes of October 1. 2001 Committee member Judy Woods moved to approve the minutes of October 1, 2001 The motion was seconded by Committee member Tim Clark and passed 3-0 GMA Update Grant Acting Planning Manager Charlene Anderson said the City of Kent had been awarded a total grant of S57,500 to help with the update of the Comprehensive Plan The staff work program shows that the major portion of the Planning staff time next year will be devoted to the 2002 Comp Plan Update, and part of that will be helped out by this grant from the state. S50,000 of the grant was based on population and the City was also able to get another$7,500 besides that amount Some grant deliverables are being proposed, and grant purchases will be concentrated on the update of the critical areas and the transportation section (listed on Page 1 of the Scope of Work) Completion of certain activities related to the critical areas and the transportation section are proposed, along with the finalization of the AG lands at some point next year, and those will be included in the work done with the grant money The resources listed on Page 2 of the Scope of Work are actually resources that the City will use for the entire Comp Plan Update and don't relate just to the 2002 elements. They are listed because the state wanted to know how much the City would be devoting in dollars to the Comp Plan Update Judy Woods asked if there was any possibility that the money could disappear—given the economic downturn and the possibility of certain initiatives passing in the November 61h election that might impact the City Ms. Anderson said the money seemed to be pretty solid as it was coming from the state,but staff did limit the deliverables on the grant in order to make sure that those things that were really needed could be accomplished with the grant dollars Judy Woods moved that a recommendation be forwarded to the City Council to approve a contract enabling the City of Kent to receive a GMA Update,Grant. The motion was seconded by Tim Clark and passed 3-0. Judy Woods commented that the major effort next year would be the Comp Plan and all its related issues, and because of budget constraints, what staff would and wouldn't be Planning Committee, 1115101 2 able to do in 2002 would have to be identified very clearly. There may be fewer things done that the Council would like to see done because of other things that have to be done, and if it's not on the work plan and not an A-1 priority, then it won't be done in 2002 and perhaps not in 2003 Leona Orr explained that the GMA was a mandate from the state that the City has to follow in order to keep its good standing with the state as it pertains to growth management. Some of the projects may not be the first choice, but the City is bound by the state and is lucky to be getting a small amount of money Ms. Orr said her hope was that at some point in the future the state would start to look at the things they've put upon cities to do, and see that it is unfair to mandate something where there are no resources to back it up Judy Woods added that it was wonderful to receive the 557,000, however it was a drop in the bucket in comparison to the overall costs, and the Federal and state governments oftentimes mandate things for a city with a particular timeline and give no financial resources to do those things. The Council then has no choice but to go forward using the citizens' tax dollars to do things that they perhaps would not choose to do at that particular time Environmental Impact Statement—Planned Action Ordinance for Kent Downtown North Core Charlene Anderson said that a planned action would enable the environmental review for a master planned effort for the downtown area; then when individual development applications come in they would be reviewed to compare them to what was understood or analyzed under the planned action ordinance to see if they were compatible. If they were, no further environmental review would be required. It's anticipated that the Environmental Impact Statement that's always required with this kind of ordinance would be a supplement to the Downtown Strategic Action Plan Integrated EIS and that it wouldn't be a new Environmental Impact Statement One of the consultants that was contacted, Huckell/Weinman, has been on the forefront of planning efforts for planned action ordinances and have proposed a budget of$51,460 to complete what they anticipate will be a supplemental environmental impact statement. The budget and proposed contract has been worked out by the legal department. Ms Anderson said that doing a Planned Action Ordinance with the entire downtown area was one of the items analyzed in the Downtown Strategic Action Plan. Planned actions are usually done for smaller areas, but it's a typical process for downtown revitalization Separate development applications don't have to go through individual environmental review if a planned action ordinance is done ahead of time. Then when a development application comes in, it's just incorporated into the initial review Otherwise each development application for each building or roadway has to go through its own environmental review, which takes much more time. A planned action doesn't have to necessarily be in the downtown(in this case it is), and is used more when a master plan is created. It analyzes upfront all of the environmental and transportation impacts of the entire planning effort in a particular area and identifies the type and level of development. The conceptual master plan site plan also allows flexibility such as the residential component being located in a different spot than it was originally envisioned. But it Planning Committee, 1115101 3 basically establishes a ceiling for development, and until that ceiling is reached, an additional environmental review doesn't have to be done Judy Woods questioned whether staff would be able to meet the timeline of April 9, 2002 when the Environmental Impact Statement was to be done Ms Anderson expressed that they were doing everything they could and it looked realistic, but were waiting on a traffic impact study Tim Clark moved to recommend to Council approval of a budget not to exceed $51,460 and authorization from the Mayor to negotiate and enter into a contract based on the attached proposal by HuckelllWeinman Associates, Inc. for the Planned Action Environmental Impact Statement. The motion was seconded by Judy Woods and passed 3-0. The meeting adjourned at 4 23 PM Jackie Bicknell City Council Secretary i u �n ^y y3s }tsb3i ` Y ' com. .i P{�,. jy I J1 _U) 74 Au vt4e ' # �sr(iY vvV Wwi�^R V��R� ieI . 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