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City Council Meeting - Council - Agenda - 06/18/2002
City of Kent City Council Meeting Agenda KENT W A S 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 June 18, 2002 Office of the City Clerk SUMMARY AGENDA �� KENT CITY COUNCIL MEETING KENT June 18, 2002 W AS HIMGTON Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS. Tim Clark, President Connie Epperly Leona Orr Julie Peterson Judy Woods Bruce White Rico Yingling 1. CALL TO ORDER/FLAG SALUTE 2 ROLL CALL 3 CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4 PUBLIC COMMUNICATIONS A. Parks, Recreation and Community Services Award Presentation A ak&tb L"�e- /,QUA - Z0 t _e� 5. PUBLIC HEARINGS 9_0_� A 48th Place South Street Vacation B SE 266th Street Vacation 6. CONSENT CALENDAR A. Minutes - Approval B Bills -Approval C. Kent Station Bond Issue and Budget Change-Authorize D. 2000 LTGO Bonds Reallocation-Authorize E Kent Station H&CD Loan Refinancing -Authorize F. Water System Plan Ordinance - Adopt 3 G 0lD G. Kent-SeaTac Sewer Service Agreement Amendment-Authorize Sale of Surplus Water Equipment-Authorize Strawberry Place Division 1 Latecomers Agreement-Authorize J Strawberry Place Division 2 Latecomers Agreement-Authorize K. Mental Health Housing Foundation Latecomers Agreement-Authorize L Tacoma Second Supply Project Agreement, Partnership Amendment- Confirm M Pacific Highway South HOV Lanes Project Interlocal - Ru��i®r�ze N. Transportation Improvement Grant-Accept and Establish Budget 0. Interlocal Agreement for Waterfowl Management -Authorize 7. OTHER IMSINESS A. Referendum 51, State Transportation Package B. AT&T/COMCAST Merger Consent- Resolution 6� (continued next page) CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time,make known the subject of interest, so all may be properly heard, A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PARKS, RECREATION AND COMMUNITY SERVICES AWARD PRESENTATION Kent City Council Meeting Date June 18, 2002 Category Public Hearings 1. SUBJECT: 48TH PLACE SOUTH STREET VACATION (STV-2002-1/KIVA #2020508) 2. SUMMARY STATEMENT: Resolution No. 1618 established June 18, 2002, as the public hearing date for the application by Jim Cassel, to vacate a portion of 48th Place South, West of SR 516, (Surplus SR 516). A staff report recommending denial is included in the Council's packet 3. EXHIBITS: Staff report and map 4 RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) • 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: A Councilmember moves, Councilmember seconds to close the public hearing B. Councilmember moves, Councilmember seconds to approve/dish the staffs recommendation of denial of the application to vacate a portion of 48th Place South, West of SR 516, (Surplus SR 516), as referenced in Resolution No. 1618. t e conditions DISCUSSION: ACTION: Council Agenda Item No 5A COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director • PLANNING SERVICES KEN T Charlene Anderson,AICP,Manager Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 June 11, 2002 TO- MAYOR JIM WHITE, COUNCIL PRESIDENT TIM CLARK AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP, PLANNING MANAGER RE REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF 48TH PLACE SOUTH, WEST OF SR 516, (SURPLUS SR 516) 4STV-2002-1 (KIVA#2020508) Hearing Date June 18, 2002 Recommendation DENIAL I Name of Applicant Mr Jim Cassel 3507 991h Drive SE Everett, WA 98205 II Reason for Requesting Street Vacation The applicant requests the vacation in order to facilitate development of his site III Background The right of way proposed to be vacated was purchased by the State of Washington in conjunction with their construction of SR 516. Because Kent-Des Moines Highway (SR 516) was to become a limited access, the State constructed 481h Place South to service the abutting properties The petitioner is seeking a vacation of that portion of 48`h Place South that lies westerly of the existing road improvements The City's right of way has a gentle slope and constitutes about 0 40 acres in size On the other hand, the petitioner's property that abuts the right of way is about 0.58 acres in size Topographically portions of the petitioner's property have significant steep slopes within a landslide hazard area, classified a Severe Hazard Area on the City's Hazard Area Development Limitations Map Property to the west of the petitioner's property also is classified a Severe Hazard Area, and slides have occurred on properties just to the south, causing tens of thousands of dollars worth of damage to the existing condominiums Because of the slope and size of the petitioner's property, it is obvious that by itself it is #STV-2002-1 (KIVA#2020508) Staff Report Page 2 not viable to develop. The King County Assessor's office recognized this, as the property is denoted on the tax role as having a value of only 56,100 Because the State law has recently changed, with approval of the proposed street vacation, the City can now require full compensation versus one-half the appraised value for its right of way Even so, considering the potential risk to future occupants if the subject property were to develop, the dollar amount is insignificant compared to the effort and expense the City would have defending itself were a slide to occur, even though there may not be any actual liability In a telephone conversation with staff, the petitioner stated he had obtained the property in a tax auction in the 1980's He stated that if the subject application is approved, he expects to retain a geologist who would further test the site to determine viability for development The Official Zoning Map designates the site SR-1, Residential Agricultural, which has a mimmum lot area requirement of 34,700 square feet King County Assessor's data indicate the lot is 25,264 square feet in size Barring physical and environmental limitations prohibiting development, according to Kent City Code Section 15 08 100(E)(2)(a), a single-family dwelling and customary accessory buildings may be erected on any single lot of record under certain conditions Crop and tree farming and other agricultural uses also are listed as Principally Permitted Uses in the SR-1 zoning district IV Staff Recommendation Staff notified the following departments and agencies of this proposed street vacation ■ Public Works Department ■ Police • Parks, Recreation and Community Services Fire and Life Safety • Puget Sound Energy ■ Qwest Department of Transportation ■ METRO Transit Division After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of 48`h Place South, west of SR 516, (surplus SR 516), as described in Resolution #1618 and as shown on the accompanying map, be DENIED However, if the City Council decides to approve the application, staff recommends the following conditions. 1) The right of way vacation is limited to that portion lying 40 feet westerly of the as- built centerline of the existing road pavement and southwesterly of a 60-foot arc centered on the as-built center point of the pavement for the cul-de-sac tumaround area. #STV-2002-1 (KIVA#2020508) Staff Report Page 3 2) The City is compensated in US currency for the value of the right of way as prescribed by State law and City code 3) The City retains easement rights over, under and upon said property to be vacated for its public utilities (storm drainage, sewer, and water) that therein either presently exist or may exist in the future 4) The City retains easement rights along with the rights to assign same to any private or quasi private company such as power, gas, cable, telephone and so forth that has existing utilities/facilities over, under and upon said property to be vacated 5) The applicant/owner shall sign an agreement with the City to hold the City harmless in the event of landslide from the subject property CA\\MS\SDATA\Pertmt\Plan\vacations\2002\2020508-2002-1 DOC Enclosure—Map cc Jim Cassel Jerry McCaughan,Property Manager F.E a soL GHT TO ` \` I BE N ACATED I `P A Gov't. Lo 2 34.70 .Aues -c;hto�c c i (ram I T " -oo' - h tq UNIT n W E S T R ' er PN gUNITS _ ITS� pHs ICJ T 0 W N ` . nlTs _ Pw5 UNITS ` oN 4 UNIT A COND UNITS e ova T) ♦ — -q UNI S \ Its w b- PHASrX ♦ 4 UNITS -1 PPJ Ll J y:UNI-s1. \� 4 UMITJ �\ i a UNI- TS �- ..r 1PNS.� �•5 (AL, S L aUNI aUNRS,� . .I•' ua 62 � PH 5^ Ks= � _6 aUMITS y PHASE Z 2 UNITS I \ � r oil ` \•� Iz- Kent City Council Meeting Date June 18, 2002 Category Pubhc Heannss 1 SUBJECT: SE 266TH STREET VACATION (STV-2002-2/KIVA #2020816) 2. SUMMARY STATEMENT: Resolution No. 1619 established June 18, 2002, as the public hearing date for the application by Mark Holland of Pacific Land Consulting, Inc., to vacate a portion of SE 266th St. between 128th and 132nd Avenues SE. A staff report recommending approval with conditions is included in the Council's packet. 3. EXHIBITS: Staff report and map 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) • 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7 CITY COUNCIL ACTION: A Councilmember moves, Councilmember seconds to close the public hearing rr� � B Councilmember 61/moves, Councilmember W Wseconds to approve/ the staff s recommendation of approval with conditions of the application to vacate a portion of SE 266th St. between 128th and 132nd Avenues SE, as referenced in Resolution No. 1619, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. DISCUSSION. ACTION: cg Council genda Item No. 513 T� -f, 64-ct "e' COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director • PLANNING SERVICES KEN T Charlene Anderson, AICP, Manager Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue 5 Kent, WA 98032-5895 June 11, 2002 TO MAYOR JIM WHITE, COUNCIL PRESIDENT TIM CLARK AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP, PLANNING MANAGER RE REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF SE 266TH ST BETWEEN 128TI AND 132ND AVENUES SE #STV-2002-2 (KIVA 142020816) Hearing Date June 18, 2002 Recommendation APPROVAL WITH CONDITIONS I Name of Applicant Mr Mark Holland Pacific Land Consulting Inc 13619 Mukilteo Speedway 4603 Lynnwood, WA 98037 II Reason for Requesting Street Vacation The applicant requests the vacation in order to facilitate development of his site III Background SE 266`h Street between 128`h and 132d Avenues SE is an unopened right of way lying on the East Hill of Kent just north of King County Metro's Park `N Ride lot off 132"d Avenue SE The City obtained the right of way in 1996 via the Meridian Annexation As an unopened right of way, and because the City obtained it without cost, the right of way is a Class "C" right of way, for which vacation the City may require compensation A recent State law enables the City to obtain compensation at the full appraised value of the right of way, versus the one-half appraised value that previously was the standard The proposed street vacation is being requested to facilitate development via the Highland Park Subdivision The applicant is proposing to subdivide approximately 10 75 acres into 26 single-family residential lots The proposed subdivision includes three sensitive area tracts Property north and east of the proposed nght of way vacation area is owned by the City of Kent for development as a neighborhood park The SE 266`h Street #STV-2002-2 (KIVA#2020816) Staff Report Page 2 right of way provides a buffer between the park and future residences within the Highland Park Subdivision Vacating the right of way removes the buffer IV Staff Recornmendation Staff notified the following departments and agencies of this proposed street vacation • Public Works Department ■ Police ■ Parks, Recreation and Community Services • Fire and Life Safety • Puget Sound Energy • Qwest • Department of Transportation • METRO Transit Division After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of SE 266`h Street between 128`h and 132"d Avenues SE, as described in Resolution #1619 and as shown on the accompanying map, be APPROVED with the following conditions 1) The Applicant/Owner shall compensate the City in US currency for the full value of the right of way being vacated, or in lieu of money, the Applicant/Owner may compensate the City in property (or a combination of property and money) of equal or greater value, should said property be both acceptable to and agreeable by the City 2) The City shall retain the westerly 20 feet of this proposed vacation such that the right of way width for 128`h Avenue SE when combined with the existing westerly 30 feet of right of way therefore shall total 50 feet Furthermore, the City shall retain the easterly 50 feet of this proposed vacation as measured westerly and perpendicular to the easterly section line of the SE quarter of Section 28, Township 22 and Range 5 of King County 3) The Applicant/Owner shall grant to the City an easement over, upon and under that portion of the right of way proposed to be vacated that represents the northerly projection of the Spnngwood Detention Pond Easement per Document No 9209090337 as if it were to extend through said right of way 4) The Applicant/Owner shall grant to the City a 20-foot-wide easement for pedestrian, pathway and utility purposes over, under and upon that portion of the right of way proposed to be vacated as determined necessary by the City's Public Works Director and Parks and Recreation Director to allow public access and utilities to and from the west, including to and from 128`h Avenue South to the City's park property which abuts the easterly and northerly half of this proposed street vacation The language of #STV-2002-2 (KIVA#2020816) Staff Report Page 3 such easement document shall not restrict public access to the use of the park but will allow free public travel (non-motonzed) between 128th and 132Id Avenues SE 5) Should any funds be received by the City from the vacation of this right of way, said funds shall be deposited in the City's school Pedestrian walkways improvement fund (Fund#R20036) 6) No buffer area will be required from the City along the new northern property line between the residential area and the future neighborhood park CA\\MS\SDATA\Peruut\Plan\vacations\2002\2020816-2002-2 DOC Enclosure—Map cc Mark Holland, Pacific Land Consulting Inc, 13619 Mukilteo Speedway#603, Lynnwood,WA 98037 Jerry McCaughan,Property Manager --------------------------------- f29M AYE BE JO — �0 1 E \ IF e 4 I I I II _ rC / 1 I — N I of j >NVN`1 Im � i�pgma IN V 2T p , VV� Im n a -\ Iqs� L '�• __T I I• / n co y ITIIL- I I I E ---- ti _— — o O __ AYE— u n RIGHT OF WAY VACq TfON FXNl91i HSL LAW 1 a L HIGHLAND PARK �� F€ gl o a � 0 arr OF�Frxr WaS.GroN CITY OF KENT CITY CLERK 6. City Council Action CONSENT CALENDAR Councilmember moves, CouncilmerAber seconds to approve Consent Calendar Items A through.@.'/ Discussion Action m C' 6A Approval of Minutes. Approval of the minutes of the regular Council meeting of June 4, 2002 6B. Approval of Bills. Approval of payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 4, 2002 ATproval of checks issued for vouchers Date Check Numbers Amount 5/31/02 Wire Transfers 1184-1192 $ 895,389 17 5/31/02 Prepays & 533738 2,271,995 87 5/31/02 Regular 534577 2,526,103.30 $5,693,488 34 Approval of checks issued for payroll for May 16 through May 31 and paid on June 5, 2002: Date Check Numbers Amount 6/5/02 Checks 260716-261080 $ 266,402.56 6/5/02 Advices 129573-130319 1,105,702.84 $1,372,105.40 Council Agenda Item No. 6 A-B -'000"'. K E N T Kent, Washington WASXIM OTDN June 4 , 2002 The regular meeting of the Kent City Council was called to order at 7 : 00 p .m. by Mayor White . Councilmembers present Clark, Epperly, Orr, Peterson, White, Woods, and Yingling. Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller, Parks, Recreation and Community Services Director Hodgson, and Information Technology Director Mulholland_ Approximately 75 people were at the meeting (CFN-198) CHANGES TO THE AGENDA At the request of audience members, Items A, B, C and D were added to Continued Communications PUBLIC COMMUNICATIONS Boeing Government Relations Manager. Shaunta Hyde, Local Government Relations Manager for the Boeing Company, explained that she has replaced Liz Warman and outlined her background She noted that the City of Kent is very important to Boeing and that she looks forward to working with the Council (CFN-198) Presentation of Certificates to Digital Artists . Brenda Abney, Cultural Arts Program Coordinator, recognized Young artists who were involved in a digital art project called Play Nice . She and the Mayor presented them with certificates expressing appreciation for their contributions (CFN-198) Employee of the Month. Mayor White announced that Sue Hoffman and Quenten Palmer of the Help Desk have been named co-Employees of the Month. He noted that they assist employees with questions about computers , the network, telephones and training, and that a significant number of calls are closed while the caller is still on the telephone Information Technology Director Mulholland pointed out that Sue also administers the training and payroll systems, and that Quenten helps with technical projects and keeps track of software licenses She commended both, noting they are very deserving of this honor Mayor White presented that the plaque to Ms . Hoffman. (CFN-157) 1 Kent City Council Minutes June 4 , 2002 CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through I . Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM GA) (CFN-198) Approval of Minutes . Approval of the minutes of the regular Council meeting of May 21, 2002 BILL OF SALE (CONSENT CALENDAR - ITEM GI) (CFN-484) Valley Communications Center Bill of Sale. Accept the Bill of Sale for Valley Communications Center for continuous operation and maintenance of 362 feet of watermain, 280 . 5 feet of sanitary sewers and 380 feet of street improvements, as recommended by the Public Works Director. Bonds are to be released after the maintenance period This project is located at 27519 108th Avenue SE . PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6C) (CFN-104 , 118&120) Parks and Facilities Councilmanic Bonds. Authorization to approve intent to issue Councilmanic Bonds for $1 . 8 million for the East Hill Youth Sports Complex and $1 . 2 million for seismic City Hall improvements and staff moves, and establish the budgets , as recommended by the Operations Committee at their May 21 , 2002 meeting (CONSENT CALENDAR - ITEM 6D) (CFN-104&171) Transportation Councilmanic Bonds. Authorization to approve intent to issue Councilmanic Bonds for $2 2 million transportation projects and establish the budget, as recommended by the Operations Committee at their May 21 , 2002 meeting. (CONSENT CALENDAR - ITEM 6E) (CFN-118) Department of Natural Resources Grant. Accept the Department of Natural Resources grant for $5 , 097 90 and amend the Campus Park budget, as recommended by the Parks , Recreation and Community Services Director. Funds will be used for hazardous tree removal and re- forestation at Campus Park 2 Kent City Council Minutes June 4, 2002 PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6F) (CFN-118) Tony Hawk_Foundation Grant . Accept the Tony Hawk Foundation grant for $1, 000 . 00 and amend the East Hill Skatepark budget , as recommended by the Parks, Recreation and Community Services Director. Funds will be used toward the cost of constructing the East Hill Skatepark. FIRE & LIFE SAFETY (CONSENT CALENDAR - ITEM 6G) (CFN-122) Purchase of Replacement Defibrillator Units . Authorize the Fire Department to purchase 12 Bi-phasic replacement defibrillator units and associated hardware and software from Medtronics, as recommended by the Public Safety Committee . The current defibrillation units are aging and incurring numerous breakdowns Medtronics will continue to perform service and/or repairs as long as parts are available The following responses to the RFP were received 1 Medtrcnics (Physlo-Control) $145 , 180 54 Redmond, Washington 2 Zoll Medical 5121, 737 34 Burlington, Massachusetts After an extensive review of both RFP ' s the evaluation committee has determined that the proposal from Medtronics meets both the criteria of the RFP and King County Emergency Medical Services protocols . Exhibit "A" outlines a number of specifics that went into making this decision. The RFP received from Zoll Medical did not meet all of the criteria of the RFP The City Attorney' s office has reviewed the RFP ' s and concurs that Medtronics was the only one to meet all of the requirements King County Fire Protection District #37 may reimburse the C-ty $12 , 098 38 for one of the units 3 Kent City Council Minutes June 4 , 2002 i PLAT (CONSENT CALENDAR - ITEM 6H) (CFN-1268) Landmark Final Plat (FSU-2000-5/KIVA 2013845) . Approval of the Hearing Examiner' s conditional approval of the Landmark Final Subdivision and authorization for the Mayor to sign the final plat mylar. This final plat application was submitted by Randy Goodwin for the Landmark Final Subdivision. The Hearing Examiner issued his Findings, Conclusions, and Decision for conditional approval of the subdivision on April 6 , 2001 . PUBLIC WORKS (BIDS - ITEM 8A) (CFN-1038) West Valley Highway Raising. The Bid opening for this project was held on May 23rd with seven bids received. The low bid was submitted by City Transfer, Inc . in the amount of $797 , 070 . 00 . The Engineer ' s estimate was $1, 076, 200 50 . The Public works Director recommends awarding this contract to City Transfer, Inc. , and establishing a budget for the project and declare intent to issue bonds for a portion of the funds . ORR MOVED that the West Valley Highway Raising contract be awarded to City Transfer, Inc . in the amount of $797, 070 . 00 , recommend establishing a budget for the pro- 3ect, and declare an intent to issue bonds for a portion of the funds Woods seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills . Approval of payment of the bills received through May 1 and paid on May 15 after auditing by the Operations Committee on May 21 , 2002 Approval of checks issued for vouchers . Date Check Numbers Amount 5/15/02 Prepaids 533089 $ 642 , 896 . 51 5/15/02 + Regular 533327 2 , 748 , 009 99 5/15/02 Wires 1173 -1183 $1, 182 , 898 . 65 $4 , 573 , 805 . 15 4 Kent City Council Minutes June 4 , 2002 FINANCE Approval of checks issued for payroll for May 1 through May 15 and paid on May 20 , 2002 : Date Check Numbers Amount 5/20/02 Checks 260345-260715 $ 267, 898 . 22 5/20/02 Advices 128886-129572 1 , 141,463 23 $1 , 409, 361 45 REPORTS Council President. Clark reminded Council members of the Suburban Cities Association policy board meeting to be held on June 12th. (CFN-198 ) Public Works Committee. Orr noted that the next meeting will be on June 17th at 5 00 p m (CFN-198) Planning Committee. Orr noted that the next meeting will be on June 18th at 3 . 00 p m (CFN-198) Parks Committee. Woods noted that the next meeting will be held at 4 . 00 p.m on June llth (CFN-198) Administrative Reports . Martin reminded Council members of the one item on Executive Session, noting that no action is anticipated and that it should take approxi- mately ten minutes . (CFN-198) CONTINUED COMMUNICATIONS (ADDED ITEM 11A) (CFN-1038) Sidewalks . Jim Brummett , Manager of Skylight Court and Duchess of Kent Apartments, said he is missing 120 ' of sidewalk and that he receives complaints from drivers about a large juniper on State Avenue North He ex- plained that this is on city property, but that the project was cut last year He asked that the 3uniper be removed because it is a hazard for drivers and children walking to school Wickstrom said funds for this project were reallocated, but that the tree can be taken care of right away 5 Kent City Council Minutes June 4 , 2002 CONTINUED COMMUNICATIONS (ADDED ITEM 11B) (CFN-198) Capital Improvement Plan. Bob O 'Brien, 1131 Seattle Street , asked about the public input process regarding the location of the new Police Station, and whether precincts should be placed on East and West Hills Mayor White assured him there will be a public process . (ADDED ITEM 11C) (CFN-118) Golf Course Retail Shop. Ted Kogita, 25227 Reith Road, expressed concern about the cost of selling goods at the retail shop. Martin responded that this is the most highly used public golf facility in the state, and that there will be an update on the golf course budget at one of the Operations Committee meetings in July (ADDED ITEM 11D) (CFN-1038) Public Works Project Compensation. Saeed Soleimanpour explained that he did a public project for the city last fall , that the job is finished, there has been no failure, but that the cost had gone up by several thousand dollars He noted that the city rejected part of the bill and he asked for compensation Mike Martin said he would call Soleimanpour in the morning Miss Kent Cornucopia. Council member Peterson commended the participants of the recent Miss Kent Cornucopia pageant and their parents . (CFN-198) EXECUTIVE SESSION The regular meeting recessed to Executive Session at 7 : 30 p .m. and reconvened at 8 . 00 p .m. (CFN-198) ADJOURNMENT At B : 00 p.m. , CLARK MOVED to adjcurt. Woods seconded and the motion carried. (CFN-19B) GLG.a--G�r�ti Brenda Jacober, CMC City Clerk 6 Kent City Council Meeting Date June 18, 2002 Category Consent Calendar I. SUBJECT: KENT STATION BOND ISSUE AND BUDGET CHANGE— AUTHORIZE 2 SUMMARY STATEMENT: As recommended by the Operations Committee at their June 4, 2002 meeting, authorization is requested to approve issuance of Councilmanic bonds of$6.4 million for Kent Station public purpose improvements and to establish a project budget of$23.5 million for the Kent Station Project for the period of 2001-2008. 3. EXHIBITS: Memo from Finance Director Miller • 4. RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION Council Agenda Item No. 6C • KENT W ASHIHOTOH DATE May 28, 2002 FINANCE May Miller TO Mayor White and City Council Members Director Phone 253-856-5260 FROM May Miller Fax 253-856-6255 SUBJECT Issuance of Councilmamc Bond for Public 220 Fourth Ave S Portion of Kent Station Project and Establish Budget Kent, WA 98032-5895 When Council authorized the purchase of land and budget for Kent Station on December 12, 2000, Council also authorized issuance of Councilmanic Bonds for the public portions of the project Today, we are requesting authorization to issue $2 9 million for the street related infrastructure improvements and $3 5 million for the public purpose land and associated costs Public Works will be going out to bid and beginning the infrastructure improvements this summer The S2 9 million will pay for the 2"d Avenue Road extension widening of 4°i Avenue, and intersection improvements on 4'h Avenue Over the next two years the funds will provide roads, sidewalks with trees. illumination, underground power, and new or modified signals Water and sewerage funds will be provided to provide water and storm sewer stubs This project and the debt service payments from the Street Utility Tax in the Street Fund have alreadv been included in the 2002 Budget The $3 5 million for the public purpose land and associated environmental and other costs will be used to repay most of the$3 9 million short term Water Fund loan The public purpose is primarily for the land under the 2nd Avenue and Temperance extension, and other public right-of-ways This also was included in the 2002 Budget Debt service is budgeted from the CIP Fund using sales tax and the first quarter percent Real Estate Excise Tax The bonds for this project have been reviewed by Foster Pepper& Shefelman, the city's Bond Council, to validate the public portion of the project This will remain a city asset We are requesting authorization to establish the budget for the Kent Station project at$23 5 million. This covers all the land purchases, associated environmental and other costs. as well as infrastructure, project management, and short term interest costs through 2008 This recognizes the$900,000 state grant and the $891,026 Federal grant(through the Sound Transit Project)and future interest and project costs through 2008 Public Portion of Kent Station Project -2- May 28,2002 Future property tax, sales tax, and other revenues are expected to provide a positive cash flow in 2008 and begin providing approximately$1 million-plus additional revenue to the city annually thereafter Mike Martin and May Miller will be at the Operations Committee meeting to provide additional information and will answer questions COUNCIL ACTION Authorize issuance of Councilmamc bonds of$6 4 million for Kent Station public purpose land, infrastructures, and associated costs Authorize a project budget of$23 5 million for the Kent Station Project for the period of 2001-2008. U\Lois's iiles\2002Touncd\Pubhe Portion oCkent Station Project doc Kent City Council Meeting Date June 18, 2002 Category Consent Calendar 1. SUBJECT: 2000 LTGO BONDS REALLOCATION —AUTHORIZE 2 SUMMARY STATEMENT: As recommended by the Operations Committee at their June 4, 2002 meeting, authorization is requested to approve reallocation of a portion of the 2000 LTGO bonds. 3. EXHIBITS: Memo from Finance Director Miller 4 RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• SACTION• Council Agenda Item No. 6D 4100 • KENT WAS NINGYON DATE May 28,2002 FINANCE May Miller TO Mayor White and City Council Members Director Phone 253-856-5260 FROM May Miller Fax 253-856-6255 SUBJECT Reallocation of$1,891,026 of 2000 LTGO Bonds 220 Fourth Ave S Kent,WA 98032-5895 The 2000 LTGO Bond Ordinance No 3542 allows Council flexabihty to reallocate bond proceeds to other public purpose projects Two reallocations are proposed Reallocate $1 million from Police Land(located across from the Catholic Church) to Clark Lake Land This will save Clark Lake project interest costs with partial repayment of the Water Fund Loan When the final amount for Police Land is known,bonds will be issued for the entire amount Reallocate the$891,026 from the Sound Transit Light Rail Parking Garage to the Kent Station Project This is due to the Federal transit administrative grant of this amount which was assigned to Sound Transit and is to be used for the Kent Station Project Of this grant$400,000 will be combined with the$3 5 million bond issue to repay the$3 9 million Water Fund Loan one year before it is due COUNCIL ACTION- Authorize reallocation of a portion of the 2000 LTGO bonds, $1 million from Police Land to Clark Lake Land and $891,026 from Sound Transit Parking Garage to the Kent Station Project . Kent City Council Meeting Date June 18, 2002 Category Consent Calendar I. SUBJECT: KENT STATION H&CD LOAN REFINANCING—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Operations Committee at their June 4, 2002 meeting, authorization is requested to approve a$9 million short term loan for the Kent Station Project from the Water Fund and to use this money to terminate and return the H&CD Borden Float Loan, King County has requested that the City consider extending the time for repayment of this loan, and staff has agreed to consider this time extension, if acceptable to the City Attorney and consistent with the goals of the Kent Station Project. As a result, staff requests this authorization at this time, but may delay implementation of the short term Water Fund Loan and H&CD loan pay off 3 EXHIBITS: Memo from Finance Director Miller 4. RECOMMENDED BY: Operations Commmttee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E 1 • KENT W PS HINGTON DATE May 28, 2002 TO Mayor White and City Council Members FINANCE May Miller FROM May Miller Director Phone 253-856-5260 SUBJECT Kent Station H&CD Loan Refinancing Fax 253-856-6255 Authorization is requested to execute a short term $9 million mterfund loan from the 220 Fourth Ave S Water Fund to the Kent Station Project effective July 30, 2002 to July 30, 2005 Funds Kent,WA 98032-5895 from this loan will be used to terminate and return the H&CD Borden Float Loan of$9 million When the original King County loan was signed,the city agreed to the economic job creation aspect Based on a HUD Audit of King County, King County has now required the city to sign and agree to a low to moderate income housing aspect The Kent Assistant City Attorney has reviewed the changes requested by King County and recommends that the city (1) sign and agree to the new conditions, or(2) provide King County with a 30 day notice to terminate by June 30 and refund the $9 million Staff recommends termination since the low income housing aspect was not part of the original RFP nor is it part of the developer housing component of the Kent Station Project The early repayment to the Water Fund of most of the original Clark Lake land loan,the original $3 9 million Kent Station loan, and Don Wickstrom's success in acquiring %% state loans for$20 million,will provide the Water Fund the cash flow for this short term loan Don W ickstrom has agreed that sufficient funds are available in the Water Fund for the short term $9 million mterfund loan The first Kent Station sale of land to the developer is expected in 2003 of approximately 6 to 8 acres and this would repay a good portion of the loan in one year This loan will provide the Water Fund extra interest income as we are recommending the loan at 4% interest, winch is considerably higher than the current State Pool rate of 1 87% COUNCIL ACTION Authorize a$9 million short term(three year)mterfund loan from the Water Fund to the Kent Station Project with interest rates to be paid monthly at 4% Authorize the Kent Station Project to use the interfund money to terminate and refund the $9 million King County H&CD Borden Float Loan including all interest through that date and any termination costs • Authorize the City of Kent Attorneys Office to prepare an mterfund loan document, a 30 day termination and refund notice to King County H&CD and a Notice of Termination to US Bank for the back-up Line of Credit Agreement Kent City Council Meeting Date June 18, 2002 Category Consent Calendar 1. SUBJECT: WATER SYSTEM PLAN ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to the City's 2002 Water System Plan ("Plan"). The ordinance adopts the Plan, which determines the adequacy of the City of Kent Water System to meet existing and projected requirements for provision of domestic and fire protection service within the City's established water service area 3 EXHIBITS: Ordinance (Note: On Monday, June 10, a copy of the complete 2002 Water System Plan has been made available for review in Council's office — 2nd floor City Hall, and with the City Clerk— 1 st floor City Hall) 4 RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION • ACTION: Council Agenda Item No. 6F PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director K GN ■ Phone Fax 253-856-6500 W gSHIN GTON Address 220 Fourth Avenue S Kent, WA 98032-5895 Date June 3 , \2002 1 To Publ1;0orks Committee From Don Wickstrom, Public Works Director Subject 2002 City of Kent Water System Plan The Washington State Department of Health requires Water Purveyors with 1, 000 or more service connections to prepare a Water System Plan and update the Plan every 6 years The 2002 Water System Plan is a compilation of planning and engineering analyses conducted to determine the adequacy of the City of Kent Water System to meet existing and projected requirements for provisions of domestic and fire protection service within the City' s established water service area The 2002 Water System Plan supersedes the City' s previous Water System Plan and serves as a guideline for future development of the water system. A copy of the Plans Executive Summary is attached The Public Works Department will provide a brief PowerPcint presentation of the Plans highlights MOTION Recommend Council to adopt the Ordinance establishing the 2002 Water System Plan. watercompplan This Water System Plan is a compilation of planning and engineering analyses recently conducted to determine the adequacy of the City of Kent water system to meet the existing and projected requirements for provisions of domestic and fire protection service within the City's established water service area This Plan supersedes the City's previous Water System Plan and serves as a guideline for future development of the water system It has been prepared in accordance with applicable requirements of the State Department of Health and the City of Kent The Kent Water System service area covers approximately 27 square miles, of which, approximately '_3 5 square miles are within the City of Kent Residential, commercial, and industrial uses of land are interspersed in the service area The area's easy access to the employment centers throughout the Seattle and Tacoma area makes it well suited to cotnmuter-onented. residential development Kent is close to Seattle, Tacoma, Sea-Tac International :airport, two major transcontinental rail lines, and two major interstate freeways There are substantial amounts of flat, industrially-zoned land which attract new industry to the Kent area Indusmal growth is transforming the use from aenculture to industry along the Kent valley floor Continued economic and population growth is expected for the next several years The present sources of water supply are two sonngs ana vellfieids east of Kent plus two wells at Covington_ three wells on the East Hill and :our wells on the valley floor which are used in the summer to supplement lower low from the primary sources dunng the high demand season In 1997, the City served an estimated 49 2 9 peonle tnrougn auprorimateiv connections (35, 485 Equivalent Residential units) :uture grovth projections indicate that the City will ultimately serve more than 96,000 people with an estimates peak day demana of 31 0 million sailons Analysis of the Cay's existma system indicates that the current source capacity is insufficient to meet orojectea demands Source improvements recommended include continued participation in the Tacoma Pipeline Number ; protect and construction of a storage impoundment Coordination with neighboring purveyors, including Seattle Public Utilities, is of particular importance as other purveyors in 'he area are experiencing similar source of supply limitations Kent's existing water system is in good condition, with the exception of available future supply Recommended system improvements include 1 Development of Tacoma Second Supply Project 1 Development of Storage Impoundment 3 Construction of new Reservoir in the Hieh East Hill zone 4 Distribution System Improvements The total cost of the Capital Improvement Program, through 2006, is estimated at S39,3I9,000 with the bulk of some (S2S,000,000) associated with the Tacoma Second Supply Project Because the City has anticipated such capital needs over a long period the financiall status of its Water Utility is strong As such, 55% of this Capital Cin of Kent Water System Plait Executive Summary Improvement Program is anticipated to be financed out of cash with the balance, approximately $18,000,000, coming from new debt In November of 1999 the City Council increased the Water Utility System Development Charges and Water Rates accordingly to confirm this financial approach City of Kent Water System Plan Executive Summary ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington. approving establishment of the 2002 Water System Plan WHEREAS, the Washington State Department of Health requires the City to prepare a Water System Plan and update the Plan every 6 years. and WHEREAS. the 2002 Water System Plan is a compilation of planning and engineering analyses conducted to determine the adequacy of the city of Kent I Water Svstem to meet existing and projected requirements for provision of domestic and fire protection service within the City's established water service area. and WHEREAS, the 2002 Water System Plan will supersede the City's previous Water System Plan and will serve as a guideline for future development of the City's water system, and WHEREAS, on June S, 2002, the Public Works Committee I irecommended that the City Council approve the 2002 Water System Plan, NOW THEREFORE, 1 2002 Water System Plan THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Adoption The 2002 Water System Plan is hereby adopted A copy of the 2002 Water System Plan is attached and incorporated as Exhibit "A" I SECTION 2. Severabrizty If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance SECTION 3. Effectzve Date This ordinance shall take effect and be in j force thirty(30) days from and after its passage as provided by law JIM WHITE. MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY 2 2002 Water System Plan PASSED day of 2002 APPROVED day of 12002 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 I (SEAL) BRENDA JACOBER, CITY CLERK ecnomozoowmrsysame�en aoc I li I I j3 2002 Water System Plat: Kent City Council Meeting Date June 18, 2002 Category Consent Calendar L SUBJECT: ' KENT-SEATAC SEWER SERVICE AGREEMENT AMENDMENT—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to amend the existing Sewer Service Agreement with the City of SeaTac, upon concurrence of the language therein by the City Attorney and the Public Works Director. The amended agreement will include sewer service along 42nd Avenue South and Onllia Rd. South. 3. EXHIBITS: Public Works Director memorandum, vicinity map and existing sewer service agreement 4 RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REOUIRED: $ SOURCE OF FUNDS. 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION: Council Agenda Item No. 6G PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 KEN T Fax 253-856-6500 W.I.I.0TON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date June 3 , 2002 To Publ„c Works Committee From Don Wickstrom, Public Works Director Subject Sewer Service Agreement - Kent/SeaTac • The City of Kent and City of SeaTac entered into a Sewer Service Agreement on December 31 , 1991 (copy attached) . SeaTac is proposing that this agreement be amended to include an the additional sewer service area as shown on the attached map (hatched area) The Public Works Department is requesting Council concurrence with providing the additional sewer service and amending the existing agreement , upon concurrence of the language therein by the City Attorney and the Public Works Director SeaTac will prepare the necessary amendment MOTION Recommend authorization to amend the existing Sewer Service Agreement with the City of SeaTac, upon concurrence of the language therein by the City Attorney and the Public Works Director. SeaTacSewer �ATY Oct J N � I w co N r� 7 LL z c it � . LU 0 1 I tL l i 0 I i ORILLIA ROAD SANITARY SEWER SERVICE AREA SEWER SERVICE AGREEMENT CITY OF KENT -- CITY OF SEATAC THIS AGREEMENT, executed this � I day of& , 1991, by and between the City of Kent, a Washington municipal corporation (hereinafter "Kent") , and the City of SeaTac, a Washington municipal corporation (hereinafter "SeaTac") ; W I T N E S E T H: WHEREAS, portions of the Kent sanitary sewer system are situated so as to be capable of affording sewer service on a gravity basis to property in some areas of SeaTac; and WHEREAS, provision of sewer service to these areas by SeaTac would require that SeaTac utilize a pumping system; and WHEREAS, the parties desire to allow Kent to construct, reconstruct, repair and maintain sewer facilities as necessary, and to authorize connections to its sewer system for service to that property, or portions thereof; and WHEREAS, both Kent and SeaTac are public agencies authorized by law to engage in the provision of sanitary sewer service, and to that end, may, through their legislative bodies, enter into a contract with respect to the rights, powers, duties and obligations of the parties with regard to the use and ownership of property, the providing of services, the maintenance and operation of facilities, the right to promulgate rules and regulations, the collection of special assessments, rates, charges, service charges and connection fees, the performance of contractual obligations and any other matters arising out of the provision of sanitary sewer service to areas within SeaTac, all pursuant to and in accordance with the Revised Code of Washington (RCW) 35 . 67 . 020 , 35 . 67 . 300 and 39 . 34 . 080; NOW, THEREFORE: In consideration of the terms and conditions contained herein, the parties hereto covenant and agree as follows: Section 1. AUTHORIZATION TO FURNISH SEWER SERVICE -- AUTHORIZATION TO CONSTRUCT SEWER FACILITIES AND ALLOW CONNECTION TO SEWER SYSTEM. A. Authorization to Furnish Sewer Service. SeaTac does hereby authorize Kent to furnish sanitary sewer service to certain property, legally described in Exhibit A attached hereto and from this reference made a part hereof as if fully set forth, as such service shall be determined in this Agreement, within the corporate boundaries of SeaTac, and which property is not, at this time, economically feasible of being served by SeaTac, all in accordance with and subject to the terms and conditions of this Agreement. -1- B. Authorization to Construct Facilities and Allow Connections. SeaTac does hereby grant to Kent the right and privilege to lay down, construct, relay, connect, replace, operate and maintain any and all pipes, conduits, mains and all other appurtenances and appendages to such sewer system, in, along, through, and under the avenues, streets, alleys, highways and other public places and ways in that portion of the City of SeaTac as specifically described in Exhibit A as may be necessary, convenient and/or proper in order for Kent to provide sanitary sewer service. All work activity located in SeaTac Right of Way shall commence only after the issuance of a properly executed SeaTac Construction Permit as required by SeaTac Ordinance No. 90-1023 . Section 2 . AUTHORITY TO MANAGE, REGULATE AND CONTROL SEWER SYSTEM. After the construction of the sewer facilities and/or the connections contemplated under this Agreement, Kent shall have the sole responsibility to maintain, manage, conduct and operate its system of sewerage as installed within the area described in Exhibit A, together with any additions, extensions and betterments thereto. Section 3 . AUTHORITY TO FIB SERVICE RATES AND CONNECTION CHARGES. A. Permit Required. No connection shall be made to the sewer system unless a Kent sewer connection permit is first obtained by the consumer and the appropriate permit fee is paid for the connection. The connection shall be subject to inspection and approval for compliance with the Sewer Code as adopted by Kent at the time the connection is made. B. Rates. The rates charged to the consumers by Kent within the area described in Exhibit A shall be fixed, altered, regulated and controlled solely by Kent pursuant to the limitation on such authority as set forth in Chapter 35 . 67 RCW, its amendments, or any laws or regulations promulgated thereafter on the subject of rates and charges for sewer service. Section 4 . COMPLIANCE WITH APPLICABLE LAWS. In addition to compliance with Kent a�— ea�fae code requirements mentioned in Section 3 (A) of this Agreement, applicants for, and owners of property served with sewer service pursuant to this Agreement shall otherwise comply with all applicable ordinances and policies of the City of Kent and the City of SeaTac, and with all applicable laws, rules and regulations of any governmental agency, as those ordinances, policies, laws, rules or regulations now exist on this subject, and as they may be amended from time to time. -2- Section 5. BEATAC LIABILITIES. Kent, its officers, officials, employees or agents, shall not be deemed to assume any liability for negligence of SeaTac or any officer, official, employee or agent thereof, nor for any defective or dangerous condition of the streets or property of SeaTac, and SeaTac shall hold Kent and its officers, officials, employees and agents harmless from, and shall defend Kent, its officers, officials, employees and agents thereof against any claim for damages resulting therefrom. No provision of this Agreement shall be construed so as to relieve SeaTac from any liability imposed by law, arising from any such defective or dangerous condition of its streets or property, and SeaTac shall protect and save Kent, its officer, officials, employees and agents harmless from all claims, damages and costs and assume the defense of all actions for any such damages or injuries alleged to have arisen out of the use of SeaTac ' s streets by third parties. Section 6. KENT LIABILITIES. SeaTac, its officers, officials, employees or agents, shall not be deemed to assume any liability for negligence of Kent or any officer, official, employee or agent thereof, nor for any defective or dangerous condition of the sewer facilities, system, or property of Kent, and Kent shall hold SeaTac and its officers, officials, employees and agents harmless from, and shall defend SeaTac, its officers, officials, employees and agents thereof, against any claim for damages resulting therefrom. No provision of this Agreement shall be construed so as to relieve Kent from any liability imposed by law, arising from any such defective or dangerous condition of its sewer facilities, system, or property, and Kent shall protect and save SeaTac, its officers, officials, employees and agents harmless from all claims, damages and costs and assume the defense of all actions for any such damages or injuries alleged to have arisen out of the use of Kent's sewer facilities and system by third parties. Should a court of competent jurisdiction determine that this Agreement is subject to the Revised Code of Washington Section 4 . 24 . 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of SeaTac and Kent, Kent' s liability hereunder shall only be to the extent of Kent' s negligence. Section 7 . SEATAC CONSTRUCTION ADJACENT TO KENT INSTALLATION. The laying, construction, maintenance and operation of Kent 's system of sewerage lines, pipes, conduits, mains, side sewers, etc. , authorized under this Agreement shall not preclude SeaTac or its authorized agents and contractors from blasting, excavating, grading or doing other necessary road work contiguous to Kent' s -3- facilities, provided that Kent shall have seventy-two (72) hours notice of said blasting, excavation or grading in order that Kent may protect its line of pipe and property. Section S . DURATION OF AGREEMENT -- TERMINATION. This Agreement is for an indefinite duration, and shall remain in effect until such time as either party gives written notice to the other party that the Agreement is terminated. Section 9. MODIFICATION. Kent and SeaTac hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement upon written agreement of both parties to such alteration, amendment or modification. Section 10 . EFFECTIVE DATE -- FILING OF AGREEMENT. This Agreement shall become effective sixty (60) days from the date of the filing of an executed copy with the Washington State Office of Community Development in accordance with RCW 39 .34 . 050 and 39 . 34. 120. Executed copies of this Agreement shall also be filed with the City Clerks of the Cities of Kent and SeaTac, the King County Auditor and the Secretary of State of the State of Washington, all in accordance with RCW 39 . 34 . 040. EXECUTED as of the date hereinabove t fort V TH CITJ OF KENT TH CITYAC By Mayor RIJItbfif CITY MANAGER ATTES : By �G�uJ L C �Ti G ✓ City CIF k City rk APPR ��/e B I ( r Kent SeaTac City Attorney -4- LEGAL DESCRIPTION That portion of the west half of the southwest quarter of Section 10, Township 22 North, Range 4 East, A.K. in Ring County, Washington, lying southerly of the southerly margin os S. 216th Street, easterly of the easterly margin of Interstate Highway No. 5 and lying northerly and westerly of existing Rent City Limits; AND ALSO, That portion of the northwest quarter of Section 15, Township 22 North, Range 4 East, W.M. in Ring County, Washington lying easterly of the easterly margin of Interstate Highway No. 5, and lying northerly and westerly of existing Rent City Limits. EXHIBIT A STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that �'9'j KELLF/ LK is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the JYl•gUo,P of the City of Kent to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. DATED: Z NOTARY PUBLIC in and for the State of Washington, residing at �l�stt bt4- , my commission expires STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that Doug Sutherland is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledge it as the City Manager of the City of SeaTac to be the free and voluntary act of said municipal corporation, for the uses and purposes therein mentioned. DATED: Z� IL4t�q-� N Y P LIC in and for the State of Washington, residing at SeaTac V Mw commission expires O -5- Kent City Council Meeting Date June 18, 2002 Category Consent Calendar I SUBJECT: SALE OF SURPLUS WATER EQUIPMENT - AUTHORIZE 2 SUMMARY STATEMENT: As recommended by the Public Works Committee authorization to declare certain Water Equipment/Parts as surplus and authorize the sale thereof at the next public auction and/or request per pound bids from at least three potential buyers. 3. EXHIBITS: Public Works Director memorandum and equipment/parks list 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS- 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director 41 — l�L N T Phone 253-856-5500 1Y Fax 253-856-6500 W�S MINGTON Address 220 Fourth Avenue S Kent, WA 98032-5895 Date June 3 , 2002 To Public Works �pCoonm/mittee From Don WickstroM, Public Works Director Sub]ect Surplus Water Equipment Attached is a list of Water Equipment/Parts that is no longer of use or necessary to the City, We are requesting that they be declared as surplus and sold at the next public auction MOTION Recommend authorization to declare the listed equipment/parts as surplus and authorize the sale thereof at the next public auction surplusEquipmen- PUBLIC WORKS Don E Wickstrom, Director OPERATIONS DIVISION KENT Larry R Blanchard, Manager W w3NIMOTOv Phone 253-856-5656 Fax 253-856-6600 Mailing Address 220 Fourth Avenue South Kent, WA 98032-5895 Location Address 5821 South 240th Date April 30, 2002 To Kent City Council Through Larry Blanchard and Don Wickstrom From Frank Olson, Warehouse Supervisoj� � Subject Request Authorization for Surplus The Public Works Operations warehouse has the following equipment/parts that we can neither use nor need Approximately 400 water meters which are not functioning properly (and which have been replaced with newer models over the past few years) The excess meters could not be rebuilt Also, malfunctioning meters can have a detrimental impact on water revenues if they do not register accurately Approximately 2,000 pounds of unusable brass fittings and copper pipe This material was removed in the process of repairing water services Space at Operations is currently at a premium, and any opportunity to remove unusable materials should be exercised We are, therefore, proposing to surplus this material The items described above could be sold for scrap by the pound, the approximate value is $1,500 Although not required, I would request per pound bids from at least three potential buyers Concur 2 i Larry R Blanchard, perations Manager Concur � u � Don Wickstrom, Public Works Director FO rcb Kent City Council Meeting Date June 18, 2002 Category Consent Calendar 1 SUBJECT: STRAWBERRY PLACE DIVISION 1 LATECOMERS AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Public Works Director to execute a Sewer Latecomer Agreement with W. E. Ruth for Strawberry Place Division 1. 3. EXHIBITS: Public Works Director memorandum and vicinity map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: iACTION- Council Agenda Item No. 6I PUBLIC FORKS DEPARTMIEYT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 KENT Fax 253-856-6500 W ASMIMpTOM Address 220 Fourth Avenue S Kent,WA 98032-5895 Date June 3 , 2002 To Public ,Wcrks Committee ,1 From Don'Wickstrom, Public Works Director Sub] ect Sewer Latecomers Agreement - Strawberry Place Div 1 The developer, W E Ruth nas requested a sewer latecomer agreement for the development of Strawberry Place Division 1 There is a potential for eleven offsite lots to connect to the sewer main. There is a total of 17 platted lots for a grand total of 28 lots / $71 , 666 56 = $2 , 559 52 per offsite lot . The Public Works Director requests authorization to enter into a latecomer agreement with this developer , MOTION. Recommend Council authorization for the Public Works Director to execute a Sewer Latecomer Agreement with W.E. Ruth for Strawberry Place Division 1 Sewer.aiecomer JAMES ST - -- - -- I J +, • Irj ) ' - EAST H/l_L I S 2411 CLGLIC/VTA/;Y .77fi'_�.i', ir, - � i� I, 15Cf/0(1( __i, ; - �'1 !• r - I I # Tax lot # Assessment �— — 1 176510-0100 52559.52 2 176510-0200 S2559 52 3 192205-9253 S2559.5Z 4 192205-924 S2559.57 ,1 5 192205-9233 S2559 52 S 2 42 ST r 1 f 6 192205-9261 S7678.56 - 7 192205-9370 3311904 8 192205-9348 S255952 \ \S 242 C . 1 • r I � ( I 1 , _ r I ill-`_ __ '�_ 1 r t (S 242 ST} r - 1 ± 1 I to -� 1 ,, N c ,JN 1 , . Kent City Council Meeting Date June 18, 2002 Category Consent Calendar 1. SUBJECT: STRAWBERRY PLACE DIVISION 2 LATECOMERS AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Public Works Director to execute a Sewer Latecomer Agreement with W. E. Ruth for Strawberry Place Division 2. 3 EXHIBITS: Public Works Director memorandum and vicinity map • 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION- Council Agenda Item No. 6J PUBLIC WORKS DEPARTYIENT Don E W(ckstrom, P E Public Works Director • Phone 253-856-5500 KEN T Fax 253-856-6500 W wsnina+a� Address 220 Fourth Avenue S Kent, WA 98032-5895 Date . June 3 , 2002 To Public Works Committee From Don Wickstrom, Public Works Director Sub] ect Sewer Latecomers Agreement - Strawberry Place Div 2 The developer, W. E . Ruth has requested a sewer latecomer agreement for the development of Strawberry Place Division 2 There is a potential for seven offsite lots to connect to the sewer main There is a total of 24 platted lots for a grand total of 31 lots/$22 , 630 40 = $730 01 per offsite lot The Public Wor-s Director requests authorization to enter into a latecomer agreement with this developer MOTION Recommend Council authorization for the Public Works Director to execute a Sewer Latecomer Agreement with W E Ruth for Strawberry Place Division. 2 SewerLatecomer] P !,, ! FP, I) u ! Iv — aTRSF � 11 ° ° PROPEP " LIVEe 154 ess A L E 130 RETL,IVO „r' R � f � rPn � � SC i " = 3 0 0 Bi ,el ,iner all ,. $ ;5c%JA1L)AX-Y MA i - za! II ( _a�ST - ! 2 24] _ 1 _ - - j 7Z*Y922aS-7319 �73o.or ]J J 57I l TL�142Yo3-Zt 22,�fd.d4 „ I 13 iL SE i 245 - • Kent City Council Meeting Date June 18, 2002 Category Consent Calendar 1 SUBJECT: MENTAL HEALTH HOUSING FOUNDATION LATECOMERS AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Public Works Director to execute a Sewer Latecomer Agreement with William T Isabell for the Mental Health Housing Foundation. 3 EXHIBITS: Public Works Director memorandum and vicinity map . 4 RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6K PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director V KK t N T Phone Fax 253 856-6500 W 15 NIN GTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date June 3 , 2002 To Public Works Committee From Don Wickstrorn Public Works Director Sub]ect Sewer Latecomers Agreement - Mental Healtn Housing Foundation The developer William T Isabell has requested a sewer latecomer . agreement for the development of the mental Health Housing Foundation There is a potential for one offsite lot to connect to the sewer main. The total cost is $14 , 000 / 2 = $7, 000 for the offsite lot The Public Works Director requests authorization_ to enter _nto a latecomer agreement w_th this developer MOTION Recommend Council authorization for the Public Works Director to execute a Sewer Latecomer Agreement with William T Isabell for the Mental Healtn Housing Foundation Sewer lauecomer J - = _- C - / -� / / �L� 5.• _ _ � � /�---, _ —�^ gas 1'r =• AL (1 /'Illy 601 32 .33 1 lu •i r -- 3`ant•Cv _ __`—_ . - - i Kent City Council Meeting Date June 18, 2002 Category Consent Calendar 1. SUBJECT: TACOMA SECOND SUPPLY PROJECT AGREEMENT, PARTNERSHIP AMENDMENT— CONFIRM 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, Council confirms that if the City of Seattle does not sign the existing Tacoma Second Supply Project agreement within a time frame determined by the balance of the partners, Kent will pick up one quarter to one third of Seattle's share of the project and direct staff to pursue the necessary changes to the Tacoma Second Supply Project agreement. 3. EXHIBITS: Public Works Director memorandum 4 RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L G o1 'G_' 14 11 lU L.HrI H, s,In. TA COMA PUBLIC UTILITIES 3628 South 39ih Street I Tacoma, Washington 9M 9 3192 1� May 31. 2002 Chuck Clark, Director Seattle Public Utilities Dexter Horton Budding, 10ih Floor 710 Second Avenue Seattle, WA 98104 Subject Second Supply Project Agreement Dear Chuck After twenty-five years of planning and preparation, construction of the Second Supply Project is moving forward at a steady pace The Kent-Covington pipe section is nearing completion, the headworks rebuild is proceeding, Hanson Dam has been cement grouted and the test pool filled, and an $11 million contract to build the eastern middle section of the main pipeline has just been awarded We must now begin the necessary preparations for sale of bonds this fall to support our continuing construction program to make the vision of this major regional water project a reality I 1 A key missing element Is a signed Project Partnership Agreement In February we officially learned of Seattle's concern about the Agreement. Since then we have been unable to reach a satisfactory solution in spite of a good faith effort to do so by all concerned. It is critical for the region that the Second Supply Project move forward. It is clearly preferable that Seattle be a participant This would serve the best interests of the region and, In our view, the best Interests of Seattle We hope Seattle will sign the Project Partnership Agreement as negotiated. However, if Seattle chooses not to sign the Agreement, the protect schedule dictates that Tacoma and the South King County partners move TACOMA forward P ow E a Tacoma and the South King County partners feel that Seattle's requested modification to the Agreement would seriously diminish the regional benefits of r the Project. Conjunctive management of a variety of water sources to more TACOMA WATER �7T 77T GVRP4r womo"F TACOMA RAII Chuck Clark, Director Seattle Public Utilities May 31, 2002 Page 2 effectively meet Growth Management and environmental responsibilities has been a cornerstone of the Project for at least the last 10 years That is why the Agreement language focused on ensuring that any non-Protect water would meet all applicable state and federal drinking water laws, regulation, and standards and would be compatible with the water quality of Project water We need to have a definitive answer from Seattle by June 14 as to whether or not Seattle will sign the Agreement In the meantime, to be prudent we have asked the consultant teams working on the North Branch Pipeline to halt work until further notice We continue to be open to further discussion or exploring additional ideas during the next two weeks, however, we do need to bring this matter to concluslon S cerely, in -t ram_ Mark Crisson Director of Utilities I� City of Seattle J Greg Nickels, Mayor Seattle Public Utilities Chuck Clarke, Director June 14, 2002 Mark Crisson, Director Tacoma Public Utilities 3628 South 35t' Street Tacoma, WA 98409-3192 Subject Proposed Second Supply Project Agreement Dear Mark- Thank you for taking the time to let me know of your concerns regarding the proposed Second Supply Project Agreement I would like to reiterate the City of Seattle's strong support for this project — a project that we believe has many regional benefits Our interest in this project is evidenced by our investment of over $5 million dollars to date in the pre-agreement planning stages, and through our support of both Kent and Covington — providing Covington with water and Kent with drought management assistance is interim measures until the pipeline is built We have no issue with the proposed development of a regional system delivering Green River water to partners in both Pierce and King County Our concern focuses on decisions that may occur in the future that could directly impact the Seattle regional system Both the Mayor and City Council members have been clear that the final choice of what water Seattle's direct and wholesale customers drink should not be made without their consent I have included language (below) which would meet the City of Seattle's needs on this issue If such a change can be made to the proposed Second Supply Project Agreement, then the City of Seattle would be willing to sign tomorrow The Parties agree that the following statement of intent shall govern the interpretation and implementation of Section 21.4 of the Second Supply Project Agreement It is the intent of the parties that the proposed introduction of Additional Water shall be considered "compatible with the water quality of Project Water at the point of introduction into the Project" for the purposes of Section 214 only if each Project Participant into whose water supply system such Additional Water would be received concurs with the determination of compatibility This brings me to the topic of Lake Tapps as a potential water supply project The proposal, as it stands, would have water from an unprotected source with recreational and septage activities (Lake Tapps) introduced into Seattle's Lake Youngs The proposed Second Supply Project Agreement with Tacoma and other partners would allow this water transfer to occur without Seattle's concurrence This water would be then be "sold" to eastside communities (Cascade Water Alliance) In reality, because of the design of Seattle's regional transmission system, this Dexter Horton Building, 100 Floor,710 Second Avenue,Seattle,WA 98104 Tel (206)684-5851,TTY/TDD (206)233-7241,Fax (206)6844631 An equal employment opportunity,affirmative action employer Accommodations for people with disabilities provided upon request water would be consumed by the citizens of Seattle and wholesale customers other than the Cascade Water Alliance The CWA, which proposes purchasing the water, would in actuality continue to use water from our Tolt watershed (a protected source) In the last five years Seattle and its wholesale customers have invested nearly $250 million in source water protection measures (Tolt Filtration, Cedar Ultraviolet Treatment and Ozonation and the Cedar River Habitat Conservation Plan) In light of these investments and in light of the efforts to maintain and enhance a protected source system for 13 million customers, I cannot, in good conscience, assign future decisions over water quality to other jurisdictions For a regional system to be successful, it must work for all parties concerned Having operated a looped system for years, SPU fully understands the regional benefits of conjunctive management Indeed, the merits of this approach are what drove Seattle to be interested in the idea of partnering with Tacoma and the South King County utilities in the first place In all of the negotiations regarding the Second Supply Project, all the proposed project partners felt confident, based upon extensive independent analysis, that they could accept water from the Green River into their own water supply systems I feel the same approach should be applied to any future proposed supplies — that is, that all project partners receiving "additional water" into their systems need to agree on the suitability of proposed additional water sources As the proposed agreement stands now, some project partners would be able to vote to introduce water into a supply system other than their own without necessarily taking that water themselves It is unacceptable to the City of Seattle to delegate the decisions regarding the quality of water in its regional water supply system to others — either today or in the future I remain optimistic that this issue can be resolved to the benefit of all concerned and look forward to talking to you in the next few days Sincerely, Kuck Clarke Director CC Greg Nickels, Mayor Councilmember Margaret Pageler Lakehaven Utility District City of Kent Covington Water District Cascade Water Alliance Water Suppliers Association The average single-family household (family of four) uses 7ccf of water per month The Figures listed below show a comparison of the cost of 7 ccf of water for each utility shown based on their rates, City of Kent- existing rates proposed rates 22% City of Auburn rates as of 1/1100 6 95 base winter, $10 88 $13 27 one rate; $11 58 $16 75 1 40 ccf summer $13 68 $16 69 ON of Seattle rates as of 1/1/2000 City of Tacoma 9 39 base winter S 14 50 $20 41 winter S 14 75 766 ccf summer $16 36 $21 89 summer $16 10 958 ccf ON of Tukwila ON of Renton 6 00 base winter S 19 09 187 ccf one rate $22 82 summer S24 13 2 59 ccf no change 10 50 base 176 ccf Water District#111 Covington W.D. 12 33 base one rate $25 98 1 95 ccf one rate $34 30 9 80/2 mo ccf Soos Creek W.D. Highline W.D. 7 00 base winter S 15 00 8 00 base winter $22 40 2.20 ccf summer $15 00 1 00 ccf summer, $27 58 2 94 ccf PUBLIC WORKS DEPARTMENT Don E Wtckstrom, P E Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 Address 220 Fourth Avenue S Kent, WA 98032-5895 Date , June 3 , 2002 To Public Works Committee From Don Wickstrom, Public Works Director Subject Tacoma Second Supply Project (TSSP) On October 2 , 2001 Council authorized the signing of the Tacoma Second Supply Supplement Agreement as reflected ,n the attachments Said supplement was necessary to assure Tacoma' s Council that they would not be saddled with 1000 of Seattle' s =anc,al obligation towards the project were Seattle to "opt out" as allowed under the contract The contract contained an "opt out" provision for Seattle, because unlike the rest of the cro-, ect , the north brancn of the pioe_,ne sVsCem, Which 'wind _eed Seattle is only in the environment al review sCac2 AS such, even though remote as _t was , there was the possibi_ity that it eitner couldn' t be built or that it could be significantly delayed Thus Seattle canted an "opt out" provision included in the contract so they didn' t end up paying fcr a project they couldn' t actually utilize While this provision was in the contract and Seattle' s Council authorized executing same, they never did sign the cor-tract Now to secure Seattle' s signature they have come up a new issue Under the contract , new waters [other then project water (Green River water) ] can be introduced into the pipeline system by any partner of the project as long as the water duality thereof meets both Federal and State drink_ng water standards and, a majority vote of partners concur tnerewitn Seattle ' s Council is concerned about PSE' s proposal to develop a 100MGD Lake Tapps water supply (see attached news article) They feel that this potential new source, vere iz ava__abie, could flow into the pipeline system and thus into tnelr system over tne:r ob; ect,cn Their concern as noted in the article is :e qua_ity o_ --he La{e Tapps water supply, even though to enter the pipeline system it must meet both Federal and State drinking water standards Seattle' s position has frustrated the partners mainly because we all , except Seattle, have spent or are spending tens of millions of dollars on constructing portions of the system and in order to take full benefit therefrom the entire system needs to be completed. Further we are also at that point where to complete the system, permanent financing needs to be arranged and to do so an agreement needs to be executed by all partners . So this brings us back to the point of the supplemental agreement Since the agreement was never fully executed, the terms thereof including those of any supplemental agreement are not binding on any partner. So in light of Seattle' s present position it ' s the Public Works Department' s recommendation that if Seattle doesn' t execute the existing agreement within a time period established by the balance of the partners , that Kent commits to picking up one quarter to one third of Seattle' s share of the pro]ect Since Tacoma' s staff has indicated that they would be recommending to their Board that Tacoma picks up one quarter of said share, and the other partners (Covington Water District and Lakehaven Utility District) each nave confirmed that they want up to one third, its likely that Kent ' s share would ]ust be one quarter If so as I indicated in my earlier memo we would get 5 . 61 million gallons per day (MGD) of adaitional peaking water supply at a cost of approximately $11 , 196 , 082 This together with our existing share and supplies would give us a total peak supply capability of 30 MGD That amount of supply when combined with the conservation effort mandated under this pro]ect' s water right is sufficient to meet Ken-' s ultimate build-out needs Thus we would be done with having to develop additional water supplies and the impoundment pro]ect , which presently is cur next source, is no 'onaer needed. Further because the impoundment pro]ect is estimated to cost over $25 , 000 , 000 for about the amount of peaking water by buying a portion of Seattle' s share, a significant capital cost saving could be realized In addition the impoundment pro]ect is not a given like the TSSP is in =hat it still has yet to go through the environmental/permit process So there is the remote possibility that it couldn' t be built In summary we recommend picking up at least one quarter of Seattle ' s share should they not execute the TSSP agreement in the near term We do so because it ' s a guaranteed water source and it' s less costly to the water system over the long haul Please keep in mind, however that to do so, a future pater rate increase will be required. We estimate that rate increase to be around 22% and the need 'or same to be in 2004 or thereaoout MOTION: Recommends Council confirms that if Seattle doesn' t sign the existing Tacoma Second Supply project (TSSP) agreement within a time frame determined by the balance of the partners then Ken will pick up one quarter to one third of Seattle' s share of the project and directs staff to pursue the necessary changes to the TSSP agreement that reflects same COMMUNITY DEVELOPMENT Mike H Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P E. Public Works Director Phone 253-856.5500 KE O T Fax 253.856-6500 W�S nirOiOM Address 220 Fourth Avenue S Kent, WA 98032.5895 Date - September 24 , 2001 To Public Works 0 mittee From. Don Wickstrom, _ubl_c Works Director Sub] ect Tacoma Second Supply Supplemental Agreement As you are aware, Council has authorized the execution of the Tacoma Second Supply agreement All the parties (Seattle , Kent , Covington WD and Lakehaven Utilitv District) except Tacoma have now authorized execution of the agreement Tacoma staff is presently seeking their Council approval One issue that has come up is that under the agreement if the north branch of the pipeline work does not get built by 2006, Seattle has the option of nulling out of the agreement As can be seen on the attached map, the north branch is that portion of the pipeline work that delivers water to Seatzle' s system. Unlike the rest of the pro] ect , the construction EiS is cn'_v in the beginning stage and no permits have been obtained for this work Therefore no one can categorically say with 1000-8 assurance that this piece of the pipeline worx will be built , and that is the reason Seattle wanted an out provision The problem is if Seattle were to pull out then under the agreement , Tacoma could end up with all of Seattle' s share, including the debt obligation thereof This assumes that under the agreement that none of the other partners exercise their right to take a part thereof Tacoma staff does not feel that their Council would want to potentially take on Seattle' s entire obligation, no matter how remote that possibility might oe As sucn, Were Seattle to pull out , the attached agreement sollts Seattle ' s share equally between Tacoma, Kent , Ccvington Water District and Lakehaven Utility District . The beauty of tnis as I mentioned at the last Council workshop under the drought status discussions, were Seattle to pull out , which is extremely remote, we would just not pick up their obligation but we would also realize a substantial project cost savings . The north branch is estimated to cost $32 , 000 , 000 With Seattle' s share totaling $76, 784 , 333 , the net difference and thus the net ob_igau on is $44 , 784 , 333 Considering you also free up 22 44 (MGD) million gallons per day of water that equates to $1, 995 , 736 per MGD Presently we are paving 83 , 510 , 088 per MGD, so $1 , 995 , 736 per MGD for this additional water is cnean Kent ' s share would be $'_1 , 196 , 082 and we would get 5 61 MGD "'his would give us a total supply availability of approximately 26 MGD, wnich would carry us out to 2025 versus to 2009 associated with present Also as I indicated at the workshop, the Tacoma Second Supp1_r project is not scheduled to be fully on line until 2006 , and thus in just 3 years from then (2009) we would need our next source on 'line If Seattle does not opt out , the next source is our impounament project , which is estimated to cost scmewnere around $25 , 000 , 000 or more It ' s the Pub-_tc Works Department recommendation tha- we execute this supplemental agreement as it Insures tnat Second Supply project will proceed to full construction, and _t has the potential (minimal as it maybe) of getting us our next new source of water at a relatively Inexpensive price MOTION Recommend to full Council that the .M.aver be authorized to execute the Supplement Tacoma Second Supply agreement subject to the concurrence of the terms and conditions therein by the _ Works _rec_or and the City Attorney —ac^,a 3_ccra S,nnl Kent C:tv Council Minutes Octoner 2 , 2001 PUBLIC COMMUNICATIONS the valuable contributions that Physician Assistants make to the health care system, and presented the proclamation to Jackie Shuey. Fire Prevention Week. Mayor White read a proclamation noting that cooking, heating, and electrical fires represent three of the nation' s leading causes of home fires He proclaimed the week of October 7 - 13 , 2001, as _ _re Prevention Weex in the City of Kent and presented tie proclamation to Acting Fire Chief Hamilton Chief Hamilton tnen explained now to a_ revent the three main causes of home fires CONSENT_ CALENDAR ORR MOVED to approve Consent Calendar Items A tnrouan H Woods seconded and the motion carried MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the . regular Counc_1 meeting of Septemoer 18 , 2001 , with the fo'-lowing correction to Consent Calendar Item 63 Check No 254580 snouid read 254994 (CONSENT CALE=,',-'6 - I -EM 6D) Tacoma Second Supply Supplemental Agreement. AUTHORIZATION for the Mayor to execute the Tacoma Second Supply Supplemental Agreement sub_ ect to concurrence of the terms and conditions tnerein nv the Public Works Director and tie City Attorney, as recommended by the Pu.olic Works Committee Council has authorized the execution of the Tacoma Second Supply Agreement . Under tnis Supplemental Agreement , Seattle has the option of pulling_ out of the agreement if the north branch of the pipeline is not constructed nv 2006 . The Supplemental Agreement defines how Seattle ' s financial obligation and its water supply are to be redistributed among the remaining partners were such a remote possibility to occur • THE NEWSTRBU'%E TOP STORIES 'rittKe Seattle balks at prospect of Lake Tapps water Rob Tucker; The News Tribune Seattle may withdraw from a S235 million project to build a second Green River drinking-water pipeline, even though construction has already started Seattle wants the new Green River water from the pipeline - but not other drinking-water sources that might end up in the system later Regardless of what Seattle does, Tacoma and other partners in the Second Supply Project say they will finish the pipeline, a project 30 years in the making The loss of the Seattle connection would bring the total cost down to SIS5 million and still keep the project on track for a 2004 completion The Second Supply Project would withdraw an additional 65 million gallons of water daily from the Green River to be split among five partnering water providers Seattle's concerns surfaced after Tacoma and other water utilities suggested introducing water from Lake Tapps into the pipeline in the future Currently all partners in the project - Tacoma, Kent, Lakehaven Utihty District of Federal Way, and Covington Water District - have a say along with Seattle m admitting new water sources into the pipeline Seattle has decided it cannot live with that arrangement Only Seattle has the responsibility to protect its own water consumers, said Chuck Clarke. Seattle Public Utilities director "We would sign up today if it was only Green River water added to our system," he said Representatives of Tacoma Public Utilities, the agency that instigated the proposal in the early 1970s, said they hope to resolve the dispute soon and keep Seattle on board "Seattle's been preaching regional water management," said Tacoma Water Superintendent Ken Merry "If they lock out their system, we can't (collaborate) " If Seattle stays, it would receive about 14 million gallons per day, a &action of the 148 million gallons a day the city and its suburbs currently use The north branch connection also would establish a Seattle-Tacoma regional water system designed to help avoid water shortages Seattle gets nearly all of its water from protected mountain sources on the Cedar and Tolt rivers Tacoma gets much of its water - about 72 million gallons a day - from a similarly protected mountain source on the Green River Lake Tapps water, if available, would come from a populated area that isn't as protected as the mountain watersheds Thousands of motor boats use it during the summer, and many of the 2,000 homes ringing the lake have septic tanks that could contribute to lakewater pollution if they failed. The lake water comes from the White River, which rises in Mount Rainier National Park and is clouded with glacial silt. The water would be clanfied and punfred to meet federal dnnking water quality standards before humans could drink it The prospect of Lake Tapps water doesn't bother the Cascade Water Alliance, which includes Bellevue and other Eastside suburbs They currently purchase Seattle water but want another source For about $250 million, the alliance plans to withdraw Lake Tapps water, treat it, and pipe it to the new Second Supply pipeline at Federal Way But pipeline-flow logistics might mean Seattle residents would get most of the Lake Tapps water and the Eastside suburbs would get Seattle's mountain water, Clarke said If Seattle drops out, the project likely will be downsized, with Seattle's share of Green River water delivered to Kent, Covington Water District, and Lakehaven Utility District All said that water would be cheaper than developing new sources Both population growth and necessity drive the Second Supply Project for most partners Tacoma alone could have 52,000 more thirsty people within 15 years Lakehaven, which also has customers in Auburn, Pacific and other areas, could see its service area increase from 100,000 to 133,000 people during the same period Second-Supply partners say they hate to see nearly 30 years of work diminished by Seattle's dropping out, especially since the Seattle City Council approved the project in 2000 But Seattle utility officials haven't signed final contracts "The City Council approved it, and now they can't sign"" said Don Perry, general manager of Lakehaven Utility District "Incredible," said Mike Martin, Kent city administrative officer Mike Gagliardo, Cascade Water Alliance general manager, said if the Seattle connection fails, the Eastside utilities could build a pipeline to hook up to an Issaquah-Bellevue transmission line "Most major cities would die for a source as good as Lake Tapps," Gagliardo said When I worked in Washington. D C , I drank Potomac River water " Kent City Council Meeting Date June 18, 2002 Category Consent Calendar 1. SUBJECT: PACIFIC HIGHWAY SOUTH HOV LANES PROJECT INTERLOCAL AGREEMENT WITH HIGHLINE WATER DISTRICT —AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign an Interlocal Agreement with Highlme Water District for the relocation of their facilities within the city's Pacific Highway HOV Lane Improvement Project, subject to the Public Works Director's concurrence of the language therein and to establish a budget for same. 3. EXHIBITS: Public Works Director memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION: Council Agenda Item No. 6M PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director — 11 G Itl T P Fax 253-856-6500 Ww5 Hiecron Address 220 Fourth Avenue S Kent, WA 98032-5895 Date June 3, 2002 1 To Public Wo s Committee From Do ickstrom, Public Works Director Subject Pacific Highway South HOV Lanes Project Interlocal Agreement with Highlme Water Distnct The Public Works Department proposes to enter into an agreement with Highlme Water Distnct to provide for relocation of various District facilities on Pacific Highway by the City at Distnct cost The work will be included within the City's construction project scheduled for later this summer Plans for the first stage of construction of the HOV Lanes Project are being finalized for construction to begin this August The project will involve only storm drainage work between SE 252nd Street and SE 272nd Street The stone drain will be located based on the future street improvements to be constructed next year Vanous existing utilities are in conflict with the new storm drain location Existing franchises require that the utility companies relocate their facilities to accommodate the new street improvements Highlme Water District has numerous meters, vaults and fire hydrants to be relocated to provide for the street widening Also a substantial amount of water main must be relocated to avoid the new storm drain system The District has requested that the City include the relocation work in our contract for the storm drainage system The District will design and fund the relocation work and the City will administer the construction contract An agreement is currently under negotiation and the exact extent of the relocation work is being determined MOTION Recommend authorizing the Mayor to sign an Interlocal Agreement with Highlme Water Distnct for the relocation of their facilities within the city's Pacific Highway HOV Lane Improvement Project subject to the Public Works Director's concurrence of the language therein and to establish a budget for same TIBPacHwyStorm Kent City Council Meeting Date June 18, 2002 Category Consent Calendar 1. SUBJECT: TRANSPORTATION IMPROVEMENT GRANT—ACCEPT AND ESTABLISH BUDGET 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the TIB grant agreement in the amount of $1,038,017 for the construction phase of Pacific Highway South, direct staff to accept the grant and to establish a budget for the funds to be spent within this road improvement project. 3 EXHIBITS: Public Works Director memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION- Council Agenda Item No 6N PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director - K`N T Phone Fax 253-856-6500 WASHING70N Address 220 Fourth Avenue S Kent, WA 98032-5895 Date June 3 , 2002 To Pub is Works Committee From: Don Wickstrom, Public Works Director Subject : T I . B . Grant - #8-1-106 (027) -2 Pacific Highway South Storm Drainage We are in receipt of a TIE Grant Agreement in the amount of $1 , 038 , 017 for the construction phase of Pacific Highway South (S 252nd Street to S 272nd Street) . At this time we are requesting authorization for the Mayor to sign the grant agreement , direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project . MOTION Recommend authorization for the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project . PacHighwayGrant `t Arterial Improvement Program (AIP) Construction Phase Project Agreement Lead Agency City of Kent Project Number 8-1-106(027)-2 Project Title&Description Pacific Highway South Storm Drainage S 252nd Street to S272nd Street Total Amount Authorized Authorization to Proceed Effective From $1,038,017 May 20, 2002 In consideration of the allocation by the Transportation Improvement Board of TIB funds to the project and in the amount set out above, the agency hereby agrees that as condition precedent to payment of any TIB funds allocated at any time to the above referenced project, it accepts and will comply with the terms of this agreement, including the terms and conditions set forth in RCW 47 26, the applicable rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation Improvement Board upon v.hich the fund allocation was based, all of which are familiar to and within the knowledge of the agency and incorporated herein and made a part of this agreement, although not attached The officer of the agency, by the signature below hereby certifies on behalf of the agency that local matching funds and other funds represented to be committed to the project will be available as necessary to implement the projected development of the project as set forth in the CONSTRUCTION PROSPECTUS, acknowledges that funds hereby authorized are for the development of the construction proposal as defined by Chapter 167, Laws of 1988 If the costs of the project exceed the amount of TIB funds authonzed by the Transportation Improvement Board, set forth above, and the required local matching funds represented by the local agency to be committed to the project, the local agency will pay all additional costs necessary to complete the project as submitted to the board This shall not prevent the local agency from requesting an increase in the amount of trust funds pursuant to applicable rules of the Board Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW 70 94. The lead agency certifies that the project meets all applicable clean air act requirements In consideration of the promises and performance of the stated conditions by the agency, the transportation improvement board hereby agrees to reimburse the agency from allocated TIB funds and not otherwise, for its reimbursable costs not to exceed the amount specified. Such obligation to reimburse TIB funds extends only to project costs incurred after the date of the board's allocation of funds and authorization to proceed with the project CITY OF KENT TRANSPORTATION IMPROVEMENT BOARD Agency Designee Date Executive Director Date Kent City Council Meeting Date June 18, 2002 Category Consent Calendar 1. SUBJECT: INTERLOCAL AGREEMENT FOR WATERFOWL MANAGEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorization to enter into an Interlocal Agreement for waterfowl management, as recommended by the Parks, Recreation and Community Services Director. 3. EXHIBITS: Memo from Director John Hodgson 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CPTY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION Council Agenda Item No. 60 City of Kent Parks, Recreation and Community Services Memorandum To City Council Parks Committee From John Hodgson, Director Parks, Recreation and Community Services Date April 26, 2002 Re Interlocal Agreement for Waterfowl Management -Authorize The goal of this program is to reducelalleviate property damage and human health and safety concerns, including contamination of potable water and recreation areas in King County Wildlrfe Services will provide a damage control program, which will 0 include technical assistance, population monitoring and control Recommended motion The Parks, Recreation and Community Services Director recommends entering into an Interlocal Agreement for waterfowl management OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASHINGTON TO TIM CLARK, COUNCIL PRESIDENT CITY COUNCIL MEMBER FROM. JIM WHITE, MAYOR DATE JUNE 17, 2002 RE APPOINTMENT TO LAND USE AND PLANNING BOARD I have appointed Deborah Ranniger, Ph D to serve as a member of the Land Use and Planning Board Mrs Ranger owns and operates Ranniger's Nursery on 24Uh and 116`h She has been an active member of the Kent Chamber of Commerce, is an accomplished artist, and most of you will remember her when she worked here as a Public Information Specialist in the Kent Police Department Mrs Ranger will replace Terry Zimmerman, who resigned, and her term will continue until 12/31/03 I submit this for your confirmation 1b \ L��4 F* lti9i . pt City Council Meatitt� s e ' June 18, 202 �kegptry Other Business i 1. SUBJECT: REFERENDUM 51, STATE OF TRANgROWATION PACKAGE 2. SUMMARY STATEMENT: In its last session, the SWO Legislature voted to submit a $7.7 billion transportation package to the voters Otbis st4te for approval or denial in this November's general election. Council has es*litd this agenda item at this time for discussion purposes only and may take additioiW action on the matter at a later time. t 3. EXHIBITS: Memo 4. RECOMMENDED BY: (Committee, Staff, Examiner,Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: 15Yo_.,X YES_ 6. EXPENDITURE REOUIREIII:$ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember_ moves, Councilmembery` seconds DISCUSSION: ACTION: f Council Agenda, Item No. 7A " " t . TO Chairman Clark and Members, Kent City Council FROM: Don Wickstrom,Public Works Director Dena Laurent, Assistant CAO RE- Background for workshop meeting on state transportation package to go before voters in November --------------------------------------------------------------------------------------------------- In November, voters throughout the state will be casting ballots on a$7 7 billion transportation package that is financed through a two-phase,9-cent increase in gasoline taxes, a 1%surcharge on new and used automobile sales; and a two-stage, 30% increase in the gross-weight fee assessed to truckers This transportation package was sent to voters by the 2002 Legislature through its action on Engrossed Substitute House Bill 2969 and Engrossed Substitute Senate Bill 6347. Because transportation has been such a critical issue for the City and has served as Kent's top legislative priority for several years, we believe it is important for Council to first become educated as to how the statewide package directly and indirectly impacts the City—and correspondingly, our citizens and those who work in or visit Kent In coming months, we expect that a visible campaign on the statewide package will emerge The City and Mayor White may be asked to take positions on the transportation measure anu, inevitably, we will see editorials, campaign ads, direct mail and the like It will be the decision of the Mayor and Council at a later date to determine how to engage in any campaign, in what fashion to engage itself, and what position it takes We first thought it important to discuss what the state transportation package entails in terms of content, and how we are affected by it 1. LOOKING AT THE PACKAGE ON A 'GLOi3AL' SCALE The following summary of the overall statewide package was put together by King County and does a good job of noting overall funding categories, highways within King County that are slated for improvement, etc SUMMARY OF STATEWIDE TRANSPORTATION REVENUE PACKAGE (HB 2969 and SB 6347) The Statewide revenue package provides for a November 2002 ballot measure primarily to raise the gas tax and other revenue If it passes, it is projected to raise $7 7 billion over the next 10 years for transportation projects around the state The package commits approximately $1 1 billion to ferries, buses, trains, and vanpools and about $6 6 billion to highways and roads HB 2969 outlines the financing while SB 6347 outlines how the new funding will be spent. Issue Elements Amount $ Projects (within a SR -18 • 50,017,000 . King County): . SR-99 Viaduct . 450,000,000 1-405 ' Tukwila to Lynnwood) 1,770,000,000 • SR-509 • 500,000,000 • SR-520 Translake • 100,000,000 • SR-99 Shoreline • 10,000,000 • SR-167 Corridor Study • 8,000,000 • SR-5191ntermodal . 40,000.000 • SR-520 Redmond • 70,000,000 • SR-605 Toll-Road Study . 350,000 • SR-900Issaquah • 14,600,000 • 1-5 HOV, South King County . 69,191,000 • SR-167 Auburn HOV • 37,240,000 • 1-5/SR-520 Interchange Retrofit • 3,606,000 • 1-5/1 811 6 1 Design and Plan • 3,000,000 • 1-5/South 272ntl Interchange . 5,000,000 • State Ferries/Pier 48 . 8,935,000 Projects within King County will be eligible for other programs, including the Freight Mobility Strategic Investment Board Counties/Cities • The City of Kent, consistent with RCW 46.68 100, would receive a ''/n-cent direct distribution of new gas tax monies'— see below for direct dollar estimates. • The City will be eligible to compete for funding for designated corridors under the City Corridor Congestion Relief Program— see below for direct dollar figures • King County will receive approximately $1 million per year in direct distribution gas tax funding ('/. penny) for county roads. • King County has ability to compete for funding for"county designated arterials" under the continued County Corridor Congestion Relief Program • Counties will receive $5,843,000 distnbuted consistent with RCW 46 68.122. Transit Transit funds are distributed based on service area population to transit Funding: agencies. It appears Metro would get about 20-22% of the total transit funding (DOT estimates this to be approximately $10.7 million per year). NOTE- the distribution formula is weighted toward medium and smaller counties and may be changed at a later date Transit-related Transit-related expenditures will be split approximately among the following expenditures: programs• • Transit (55%) • Paratransit (9%) • Rural Mobility Grants (9%) • Vanpool Expansion (5%) • Commute Trip Reduction (12%) • Park and Rides 10% Governance: Legislative Transportation Accountability Committee • Monitors the motor vehicle fund, studies the efficiency and effectiveness of state transportation programs, develops recommendations for executive consideration, etc • Quarterly comprehensive audit report from WSDOT Transportation Accountability Board 0 appointed members nominated by governor) Revenue: • Fuel tax 9 cent increase over 2 years • License fee on trucks and other large vehicles based on gross weight (includes a 15% and 30% surcharge respectively over the next 2 years) • 1% sales tax increase on motor vehicle sales • Bond authorization $4 5 billion Highlights of Potential Statewide Revenue Sources (estimates) 9-cent increase in gas tax $2 88 billion Gross weight license fees 225 million 1% sales tax on new and used vehicles 1 06 billion Highway Bonds 4.5 billion Debt services and other costs (-1 29 billion) Highlights of How Statewide Taxes will be spent Highways $5 4 billion Park & Ride Lots 80 million Local Freight Mobility 116 million Auto Ferries and terminals 595 5 million Passenger-only ferries 91 5 million Public Transportation 600 million Commute Trip Reduction 140 million Passenger Rat( 197 million Freight Rail 95 million II. LOOKING AT THE PACKAGE NIORE DIRECTLY—FRONI A KENT PERSPECTIVE The following information on what is in the statewide package for Kent was compiled by Doug Levy, the City's Contract Lobbyist We believe we did very well in the statewide package—both in getting final funding for State Route 509 as high as we did, as well as including freight mobility funding (which helps the 228" Street freight project) and initial design funding for the I- 51272id interchange We also believe that the state package as passed by the 2002 Legislature likely is a "high-water' mark— in other words, if a November 2002 vote fails with the citizenry, all of our information and indicators are that a future Legislature would substantially lower the overall size of the state package and eliminate certain categories of funding What New-Law State Package Buys—Kent/South Countv • $500 million for SR-509. (Assumes S250nn in a regronal package to complete funding package) Called out in City's Legislative Agenda. • $1 773 billion for 405 Corridor. Major segment and "ready to go"is 1671405 Called out in City's Legislative Agenda. • $69 19 million for I-5 HOV lanes to Pierce County(assumes other S69 million to come from regional package). Called out in City's Legislative Agenda. • 537 24 million for SR-167 HOV lane extension in Auburn area— 15"'SW to 15"' NW. $8 million for SR-167 Corridor Action Plan • S8 5 million for 228'h Freight project(via FMSIB) Of this amount, 2001-03 biennia likely appropriation is$700,000 to assist with right-of-way acquisition, Called out in City's Legislative Agenda. • S5 million for I-5/272nd Interchange design Called out in City's Legislative Agenda. • Direct distribution transit- $450 million —Numbers are not precise at this point, likely $10.7 million/year for METRO according to King County calculations • Direct distribution gas tax '/. cent—We believe this equates to about S2 50/capita =Vicinity of$200,000-S210,000/year Kent Noted in Cit-,'s Legislative Agenda New Funding for TIB -- $55 million over 10 years for City Corridor Congestion Relief and $55 million for County Corridor Congestion Relief City of Kent has traditionally done very well in TIB grant program Kent/Auburn received money through Corridor Congestion Relief program for 277'h Noted in City's Legislative Agenda. New Funding for Freight Mobility Board -- $116 million over 10 years Noted in City's Legislative Agenda. Kent City Council Meeting Mate June 18.2Q0 Category Other Busines8 1. SUBJECT: AT&T/COMCAST MERGER CONSENT, RESOLUTION t 2. SUMMARY STATEMENT: AT&T has a cable fianohlie with the City to provide cable television services to the citizens of the City. AT&T"01m to merge with another cable operator known as Comcast. City of Kent Ordinance No. 31 U7 requires AT&T to receive the City's consent to the merger. i 3. EXffiBITS: Resolution 4. RECOMMENDED BY:Operations Committee (Committee, Staff,Examiner,Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NOl YES_ 6. EXPENDITURE REQUIRED,.$ SOURCE OF FUNDS: F 7. CITY COUNCIL ACTT LION: Councilmember P. LD moves, Councilmemb seconds passage of Resolution No.) ay relating to consent of TCI Cablevision of Washington, Inc. change of control. # r DISCUSSION:_ ACTION: Council Agenda Item No. 713 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to consent of TCI Cablevision of Washington, Inc change of control WHEREAS, AT&T Corporation (AT&T) holds, as its indirect subsidiary TCI Cablevision of Washington, Inc a/k/a AT&T Broadband, ("Franchisee") in the City of Kent (the "Franchise Authority") , and WHEREAS, AT&T intends to merge with Comcast Corporation ("Comcast") to create a new company to be known as AT&T Comcast Corporation ("AT&T Comcast") pursuant to the terms of an Agreement and Plan of Merger dated December 19, 2001 by and among AT&T, AT&T Broadband Corp , Comcast and certain of their respective affiliates, and a Separation and Distribution Agreement dated December 19, 2001 by and between AT&T and AT&T Broadband Corp (the "Merger"), and WHEREAS, prior to the Merger, pursuant to an internal corporate restructuring, the cable franchises or stock of the Franchisee, or indirect ownership of the Franchisee, may be transferred through one or more internal transfers or mergers to another direct or indirect subsidiary of AT&T, or the Franchisee may elect as permitted by law to convert or reorganize its legal form to a limited company (together with the Merger, the "Transactions"), and l AT&T/Comcast Merger WHEREAS, following the Transactions, the resulting entry will be controlled by AT&T Comcast but will continue to operate the cable systems and continue to hold and be responsible for performance of the cable franchises, and WHEREAS, on March 4, 2002, the companies gave notice to the Franchise Authority of the proposed change in control that would result from the merger of AT&T Broadband and Comcast by filing an FCC Form 394, together with attached exhibits, and requested that the Franchise Authority consent to the Transactions in accordance with the requirements of the cable franchise and applicable federal law, and WHEREAS, the franchise provides that AT&T Comcast must show financial responsibility as determined by the Franchise Authority, and that consent of the Franchise Authority will not be unreasonably withheld, and WHEREAS, AT&T Comcast has stated that the Franchisee will continue to comply with the lawful terms and provisions of the existing franchise and agreements following the Merger, and WHEREAS, Franchisee has, in a separate agreement (attached hereto as Exhibit A), documented the existence of certain relevant issues concerning the Franchisee's performance under the Franchise, and the Franchisee has committed to exercise good faith efforts to resolve such issues separate and apart from the consent process; and WHEREAS, the Franchise Authority has reviewed the Application, has examined the legal, financial and technical qualifications of AT&T Comcast, and has followed all required procedures in order to consider and act upon the Application; and 2 AT&T/Comcast Merger is WHEREAS, the Franchise Authority is willing to consent to the Transactions, as set forth below, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The Franchise Authority hereby consents to the Transactions in accordance with the terms of the franchise and applicable law, subject to the following conditions A That Franchisee complies with all valid local laws, franchise requirements and agreements consistent with applicable federal, state and local law, and B That the Franchise Authonty's consent to the Transactions shall not be construed to constitute a waiver or release of any rights the Franchise Authority has under the franchise and any separate written agreements with the Franchisee, whether those rights arise before or after the change in control to AT&T Comcast, and C That the Franchise will continue to comply with the lawful terms and provisions of the existing Franchise and agreements following the merger, and Franchise will, in good faith, resolve its existing Franchise performance issues with the Franchising Authority D The merger transaction between AT&T Corp and Comcast Corporation shall close consistent with the terms identified in the Form 394 and the supplemental information provided by the Franchisee through the request for information process undertaken by the City SECTION 2. This Resolution shall have the force of a continuing agreement with the Franchisee and AT&T Comcast, and Franchise Authority shall not amend or otherwise alter this Resolution without the consent of the Franchisee and AT&T Comcast 3 AT&T/Comcast Merger SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5. Effective Date This resolution shall take effect and be in force immediately upon its passage PASSED at a regular open public meeting by the City Council of the City of Kent,Washington, this day of 2002 CONCURRED in by the Mayor of the City of Kent tlus day of 2002 JIM WHITE, MAYOR ATTEST. BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY 4 AT&T/CamcastMerger I hereby certify that this is a true and correct copy of Resolution No • passed by the City Council of the City of Kent, Washington, the day of 2002 BRENDA JACOBER, CITY CLERK P CinlAesoWanUT&i CamwcMnga Eoc 5 AT&T/Camcast Merger June 18, 2002 Mr Tom Brubaker, City Attorney City of Kent 220 Fourth Avenue South Kent, WA 98032-5895 RE FCC Form 394 Filed March 4, 2002 —City of Kent AT&T Corporation Merger Transaction Dear Mr Brubaker. We understand that the City of Kent ("Franchising Authority") has several concerns relating to certain compliance matters under the franchise held by TCI Cablevision of Washington, Inc aVa AT&T Broadband (the "Franchisee"). The Franchising Authority has notified the Franchisee of possible or alleged franchise violations concerning the following issues which are in no particular order (collectively "Identified Issues") (1) Franchisee's arbitration policies and procedures relating to disputes between the • subscriber and Franchisee; (2) Franchisee's notification of non-collection and payment of franchise fees based on revenues derived from its cable modem Internet service as of April 1, 2002, (3) Franchisee's compliance with its franchise obligations, including but not limited to (a) Ownership of certain portions of fiber of the Institutional Network provided by the Franchisee for City use (The City paid the incremental cost of construction for fiber to some Institutional Network sites Fiber to the rest of the sites was constructed at no cost to the City as a condition of the City's granting Franchisee's request for an extension of certain franchise obligations), (b) Mandatory relocation of facilities underground as directed by the City pursuant to Ordinance 3107 Sec 7 12 190, (c) Customer Service requirements of Ordinance 3107 Sec 7 12 220 and telephone response reports and requirements of Ordinance 3107 Sec 7 12 230, and EXHIBIT "A" Tom Brubaker, City Attorney City of Kent June 18,2002 Page 2 (4) Payment of City Utility tax on cable modem service In order to successfully complete the consent process currently taking place by the Franchising Authority on the merger of AT&T Broadband and Comcast Corporation ("Merger") by July 4, 2002, the Franchise Authority and the companies agree to discuss the Identified Issues towards reaching mutually satisfactory resolutions, separate and independent from the consent process The parties agree to meet within 120 days from June 18, 2002, and make good faith efforts to resolve the Identified Issues within six (b) months. It is understood that the Franchising Authority's consent to the change of control of the franchise shall not extinguish the Franchising Authority's right and ability to pursue against Franchisee any remedy available under the franchise with respect to any Identified Issues not mutually resolved This letter may be referenced in any action taken by the Franchising Authority concerning the proposed change of control or franchise compliance It is also understood and agreed that the Franchising Authority and Franchisee shall not be deemed or construed to have waived any claims, actions, or defenses with respect to Identified Issues or other possible or alleged franchise violations duly noticed to Franchisee that remain unresolved By signing below the parties acknowledge and agree to the matters described hereinabove CITY OF KENT TCI CABLEVISION OF WASHINGTON, INC By By LeAnn Talbot Its Its Senior Vice President P Tjj AFILMOP Fil=ro% Xent convent le ag nt doc Page 2 of 2 47 CFR§ 76 502 Page 2 47 C F R § 76 502 CODE OF FEDERAL REGULATIONS 47 CFR§ 76 502 TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL END OF DOCUMENT COMMUNICATIONS COMMISSION SUBCHAPTER C--BROADCAST RADIO SERVICES PART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE SUBPART J—OWNERSHIP OF CABLE SYSTEMS Current through June 4,2002,67 FR 38426 § 76 502 Time limits applicable to franchise authority consideration of transfer applications (a) A franchise authority shall have 120 days from the date of subrmssion of a completed FCC Form 394, together with all exhibits, and any additional information required by the terms of the franchise agreement or applicable state or local law to act upon an application to sell, assign, or otherwise transfer controlling ownership of a cable system (b) A franchise authority that questions the accuracy of the information provided under paragraph (a) must notify the cable operator within 30 days of the fling of such information, or such information shall be deemed accepted, unless the cable operator has failed to provide any additional information reasonably requested by the franchise authority within 10 days of such request (c) If the franchise authority fails to act upon such transfer request within 120 days, such request shall be deemed granted unless the franchise authority and the requesting party otherwise agree to an extension of tune [58 FR 42019, Aug 6, 1993, 58 FR 45064, Aug 26, 1993, 60 FR 37835, July 24, 1995, 61 FR 15388,April 8, 19961 <General Materials(GM)-References, Annotations, or Tables> 47 C F R § 76 502 Copr y' West 2002 No Claim to Ong U S Govt Works http*.//print.westlaw.com/delivery.htmi'?dest=atp&datald=B00558000000474300... 6/12/2002 Page 2 of 3 47 CFR § 76 309 Page 2 47CFR § 76309 CODE OF FEDERAL REGULATIONS (i) The cable operator will maintain a local, TITLE 47—TELECOMMUNICATION toll-free or collect call telephone access line which CHAPTER I—FEDERAL will be available to its subscribers 24 hours a day, COMMUNICATIONS COMMISSION seven days a week SUBCHAPTER C—BROADCAST RADIO SERVICES (A) Trained company representatives will be PART 76—MULTICHANNEL VIDEO AND available to respond to customer telephone inquiries CABLE TELEVISION SERVICE during normal business hours SUBPART H--GENERAL OPERATING REQUIREMENTS (B) After normal business hours, the access line Current through June 4,2002, 67 FR 38426 may be answered by a service or an automated response system, including an answering machine Inquiries received after normal business hours must § 76 309 Customer service obligations be responded to by a trained company representative on the next business day (a) A cable franchise authority may enforce the (it) Under normal operating conditions, telephone customer service standards set forth in paragraph answer time by a customer representative, including (c) of this section against cable operators The wait nine, shall not exceed thirty (30) seconds when franchise authority must provide affected cable the connection is made if the call needs to be operators ninety (90) days written notice of its transferred, transfer time shall not exceed thirty (30) intent to enforce the standards seconds These standards shall be met no less than ninety (90) percent of the time under normal (b) Nothing in this rule should be construed to operating conditions,measured on a quarterly basis prevent or prohibit (m) The operator will not be required to acquire (1) A franchising authority and a cable operator equipment or perform surveys to measure from agreeing to customer service requirements that compliance with the telephone answering standards exceed the standards set forth in paragraph (c) of above unless an historical record of complaints this section, indicates a clear failure to comply (2) A franchising authority from enforcing, through (iv) Under normal operating conditions, the the end of the franchise term, pre-existing customer customer will receive a busy signal less than three service requirements that exceed the standards set (3)percent of the time forth in paragraph (c) of this section and are contained in current franchise agreements, (v) Customer service center and bill payment locations will be open at least during normal (3) Any State or any franchising authority from business hours and will be conveniently located enacting or enforcing any consumer protection law, to the extent not specifically preempted herein, or (2) Installations, outages and service calls Under normal operating conditions, each of the following (4) The establishment or enforcement of any State four standards will be met no less than ninety five or municipal law or regulation concerning customer (95) percent of the time measured on a quarterly service that imposes customer service requirements basis that exceed, or address matters not addressed by the standards set forth in paragraph(c)of this section (i) Standard installations will be performed within seven (7) business days after an order has been (c) Effective July 1, 1993, a cable operator shall be placed "Standard" installations are those that are subject to the following customer service standards located up to 125 feet from the existing distribution system (1) Cable system office hours and telephone availability-- (n) Excluding conditions beyond the control of the operator, the cable operator will begin working on Copr Z West 2002 No Claim to Ong U S Govt Works r,rr i?ri-c�—arn&rlaratri-Rn0558000000506000 6/12/2002 Page 3 or 3 47 CFR§ 76 309 Page 3 47 C,F R, § 76 309 "service interruptions" promptly and in no event "normal operating conditions" means those service later than 24 hours after the interruption becomes conditions which are wrthm the control of the cable known. The cable operator must begin actions to operator Those conditions which are not within the correct other service problems the next business day control of the cable operator include, but are not after notification of the service problem limited to, natural disasters, civil disturbances, power outages, telephone network outages, and (ui) The "appointment window" alternatives for severe or unusual weather conditions Those installations, service calls, and other installation conditions which are ordinarily within the control of activities will be either a specific time or, at the cable operator include, but are not limited to, maximum, a four-hour time block during normal special promotions, pay-per-view events, rate business hours (The operator may schedule service increases, regular peak or seasonal demand periods, calls and other installation activities outside of and maintenance or upgrade of the cable system normal business hours for the express convenience of the customer) (ni) Service interruption--The term "service interruption" means the loss of picture or sound on (tv) An operator may not cancel an appointment one or more cable channels with a customer after the close of business on the business day prior to the scheduled appointment Note to § 76 309 Section 76 1602 contains (v) If a cable operator representative is running late notification requirements for cable operators with for an appointment with a customer and will not be regard to operator obligations to subscribers and able to keep the appointment as scheduled, the general information to be provided to customers customer will be contacted The appointment will regarding service Section 76 1603 contains be rescheduled as necessary, at a time which is subscriber notification requirements governing rate convenient for the customer and service changes Section 76 161-9 contains notification requirements for cable operators with (3) Communications between cable operators and regard to subscriber bill information and operator cable subscribers-- response procedures pertaining to bill disputes (n) Refunds--Refund checks will be issued promptly, but no later than either-- (58 FR 21109, April 19, 1993, 61 FR 18977, April 30, 1996, 65 FR 53615, Sept 5, 2000, 67 FR 1650, (A) The customer's next billing cycle following Jan 14, 2002] resolution of the request or thirty (30) days, whichever is earlier, or <General Materials(GM)-References, (B) The return of the equipment supplied by the Annotations,or Tables> cable operator if service is terminated (u) Credit--Credits for service will be issued no later than the customer's next billing cycle following 47 C F R § 76 309 the determination that a credit is warranted 47 CFR§ 76 309 (4)Definitions-- END OF DOCUMENT (i) Normal business hours--The term "normal business hours" means those hours during which most sumlar businesses in the community are open to serve customers In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours (it) Normal operating conditions--The term Copr _0 West 2002 No Claim to Ong U S Govt Works 0 http://print.westlaw.com/delivery.htmi7dest=atp&datald=600558000000506000... 6/12/2002 Page 2 of 4 47 USCA§ 533 Page 2 47USCA § 533 P UNITED STATES CODE ANNOTATED TITLE 47 TELEGRAPHS,TELEPHONES,AND RADIOTELEGRAPHS CHAPTER S--WIRE OR RADIO COMMUNICATION SUBCHAPTER V-A--CABLE COMMUNICATIONS PART II--USE OF CABLE CHANNELS AND CABLE OWNERSHIP RESTRICTIONS Copr ©West Group 2002 No claim to Ong U S Govt Works Current through P L 107-185,approved 5-30-02 (except P L 107-171) § 533 Ownership restrictions (a)Cable operator holding license for multichannel distribution or offering satellite service It shall be unlawful for a cable operator to hold a license for multichannel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the franchise area served by that cable operator's cable system The Commission-- (1) shall waive the requirements of this paragraph for all existing multichannel multipmnt distribution sen ices and satellite master antenna television services which are owned by a cable operator on October 5, 1992, (2) may waive the requirements of this paragraph to the extent the Commission determines is necessary to ensure that all significant portions of a franchise area are able to obtain video programming,and (3) shall not apply the requirements of this subsection to any cable operator in any franchise area in which a cable operator is subject to effective competition as determined under section 543(1)of this title (b) Repealed Pub L 104-104,Title III, § 302(b)(1),Feb 8, 1996, I10 Stat 124 (c)Promulgation of rules The Commission may prescribe rules with respect to the ownership or control of cable systems by persons who own or control other media of mass communications which serve the same community served by a cable system (d) Regulation of ownership by States or franchising authorities Any State or franchising authority may not prohibit the ownership or control of a cable system by any person because of such persons ownership or control of any other media of mass communications or other media interests Nothing in this section shall be construed to prevent any State or Franchising authority from prohibiting the ownership or control of a cable system in a jurisdiction by any person (1) because of such persons ownership or Copr Z West 2002 No Claim to Ong U S Govt Works F+1'�n•//nnn} ,nra cH n,nr cn n�/rinhvnn. �,+.n i'J.�n�+--�4n0 .+��-. .1_. n1111Cf-fnn/1nnn+ n- nnn � r. -, rinn- Page 3 of 4 47 USCA § 533 Page 3 47USCA § 533 control of any other cable system in such jurisdiction, or (2) in circumstances in which the State or franchising authority determines that the acquisition of such a cable system may eliminate or reduce competition in the delivery of cable service in such jurisdiction (e) Holding of ownership interests or exercise of editorial control by States or franchising authorities (1)Subject to paragraph(2), a State or franchising authority may hold any ownership interest in any cable system (2) Any State or franchising authority shall not exercise any editorial control regarding the content of any cable service on a cable system in which such governmental entity holds ownership interest(other than programming on any channel designated for educational or governmental use), unless such control is exercised through an entity separate from the franchising authority (f)Enhancement of effective competition (1) In order to enhance effective competition, the Commission shall, within one year after October 5, 1992, conduct a proceeding-- (A) to prescribe rules and regulations establishing reasonable lmuts on the number of cable subscribers a person is authorized to reach through cable systems owned by such person, or in which such person has an attributable interest, (B) to prescribe rules and regulations establishing reasonable limits on the number of channels on a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest, and (C) to consider the necessity and appropriateness of imposing lumtations on the degree to which multichannel video programming distributors may engage in the creation or production of video programming (2) In prescribing rules and regulations under paragraph (1), the Commission shall, among other public interest objectives-- (A) ensure that no cable operator or group of cable operators can unfairly impede, either because of the size of any individual operator or because of joint actions by a group of operators of sufficient size, the flow of video programming from the video programmer to the consumer, (B) ensure that cable operators affiliated with video programmers do not favor such programmers in determining carnage on their cable systems or do not unreasonably restrict the flow of the video programming of such programmers to other video distributors, (C) take particular account of the market structure, ownership patterns, and other relationships of the cable television industry, including the nature and market power of the local francluse, the joint ownership of cable systems and video programmers, and the various types of non-equity controlling interests, (D) account for any efficiencies and other benefits that might be gained through increased ownership or control, (E)make such rules and regulations reflect the dynamic nature of the communications marketplace, (F)not impose lirrutations which would bar cable operators from serving previously unserved rural areas, and Copr Z West 2002 No Claim to Ong U S Govt Works liftr-IInrint- wncflp,Ai 'lmlrlahwan' m17rioc+—a*n0 i h —Ar)nrrAnnnnnnI Ann nn r111Innn" Page 4 of 4 47 USCA§ 533 Page 4 47USCA § 533 (G)not impose limitations which would impair the development of diverse and high quality video programming (g)Combination of interests under prior law This section shall not apply to prohibit any combination of any interests held by any person on July 1, 1984, to the extent of the interests so held as of such date, if the holding of such interests was not inconsistent with any applicable Federal or State law or regulations in effect on that date (h) "Media of mass communications"defined For purposes of this section, the term "media of mass communications" shall have the meaning given such term under section 309(i)(3)(C)(1)of this title CREDIT(S) 2001 Main Volume (June 19, 1934, c 652, Title VI, § 613, as added Oct 30, 1984, Pub,L 98- 549, § 2, 98 Stat 27h�, and amended Oct 5, 1992, Pub L 102-385, § 11, 106 Stat 1486, Oct 25, 1994, Pub L 103-414, Title III, § 303(a)(22), 108 Stat 4295,Feb 8, 1996,Pub L 104-104 Title II, § 202(1),Title III, § 302(b)(1), 110 Stat 112, 124) . 47USCA § 533 47 USCA§ 533 END OF DOCUMENT Copr r West 2002 No Claim to Ong U S Govt Works httn• r/nrint �htnc 7;p A, ruin/rlahi ion, hhm �,R A,n —A— Annr r onnn nnn, n7nnn c r- n 'nnnn Page 2 of 2 47 USCA § 537 Page 2 47USCA-§ 537 P 0 UNITED STATES CODE ANNOTATED TITLE 47 TELEGRAPHS,TELEPHONES,AND RADIOTELEGRAPHS CHAPTER 5--WIRE OR RADIO COMMUNICATION SUBCHAPTER V-A--CABLE COMMUNICATIONS PART II—USE OF CABLE CHANNELS AND CABLE OWNERSHIP RESTRICTIONS Copr.C West Group 2002.No claim to Ong.U S Govt Works. Current through P L 107-185,approved 5-30-02 (except P L 107-171) § 537 Sales of cable systems A franchising authority shall, if the franchise requires franchising authority approval of a sale or transfer, have 120 days to act upon any request for approval of such sale or transfer that contains or is accompanied by such information as is required in accordance with Commission regulations and by the franchising authority If the franchising authority fails to render a final decision on the request within 120 days, such request shall be deemed granted unless the requesting parry and the franchising authority agree to an extension of time CREDIT(S) 2001 Main Volume . (June 19, 1934, c 652, Title VI, § 617, as added Oct 5, 1992, Pub L 102- 385, § 13, 106 Stat 1489, and amended Feb 8, 1996,Pub L 104-104,Title III, § 301(t), 110 Stat 117) 47USCA § 537 47 USCA § 537 END OF DOCUMENT Copr -West 2002 No Claim to Ong U S Govt Works htln•//nrmt WPctlalnf rnm/rlm l wanf r#'J 'V1—nn nCronnnnnn I' /A Inn r I n nnn, Page 2 of 5 47 USCA§ 546 Page 2 47USCA § 546 P UNITED STATES CODE ANNOTATED TITLE 47 TELEGRAPHS,TELEPHONES,AND RADIOTELEGRAPHS CHAPTER 5—WIRE OR RADIO COMMUNICATION SUBCHAPTER V-A--CABLE COMMUNICATIONS PART III--FRANCHISING AND REGULATION Copr C West Group 2002 No clatm to Ong U S Govt Works Current through P L 107-185,approved 5-30-02 (except P L 107-171) § 546 Renewal (a)Commencement of proceedings,public notice and participation (1) A franchising authority may, on its own initiative during the 6-month period which begins with the 36th month before the franchise expiration, commence a proceeding which affords the public in the franchise area appropriate notice and participation for the purpose of(A) identifying the future cable-related community, needs and interests, and(B) reviewing the performance of the cable operator under the franchise during the then current franchise term If the cable operator submits during such 6-month period, a written renewal notice requesting the commencement of such a proceeding, the franchising authority shall commence such a proceeding not later than 6 months after the date such notice is submitted (2) The cable operator may not invoke the renewal procedures set forth in subsections (b) through (g) of this section unless— (A)such a proceeding is requested by the cable operator by timely submission of such notice, or (B) such a proceeding is commenced by the franchising authority on its own initiative (b) Subrmssion of renewal proposals, contents,time (1) Upon completion of a proceeding under subsection (a) of this section, a cable operator seeking renewal of a franchise may,on its own minative or at the request of a franchising authority, subrmt a proposal for renewal (2) Subject to section 544 of this title, any such proposal shall contain such material as the franchising authority may require, including proposals for an upgrade of the cable system (3)The franchising authority may establish a date by which such proposal shall be submitted (c) Notice of proposal, renewal, prehrnmary assessment of nomenewal, administrative review, issues, notice and opportunity for heating, transcript, written decision . Copr C West 2002 No Claim to Ong U S Govr Works htto I/orint WPSi•lr7W cr)C /d;3hv=n, nnr%rr0n0 ()nr)nt nnnnn tin Page 3 of 5 47 USCA § 546 Page 3 47USCA § 546 (1) Upon submittal by a cable operator of a proposal to the franchising authority for the renewal of a franchise pursuant to subsection (b) of this section, the franchising authority shall provide prompt public nonce of such proposal and, during the 4-month period which begins on the date of the submission of the cable operator's proposal pursuant to subsection (b) of this section, renew the francluse or, issue a preliminary assessment that the franclse should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding, in accordance with paragraph (2)to consider whether— (A) the cable operator has substantially complied with the material terms of the existing franchise and with applicable law, (B) the quality of the operator's service, including signal quality, response to consumer complaints. and billing practices, but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs, (C) the operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal,and (D) the operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests (2) In any proceeding under paragraph (1), the cable operator shall be afforded adequate notice and the cable operator and the franchise authority, or its designee, shall be afforded fair opportunity for full participanon, including the right to introduce evidence (including evidence related to issues raised in the pro.,eedmg under subsection (a) of this section), to require the production of evidence, and to question witnesses A transcript shall be made of any such proceeding (3) At the completion of a proceeding under this subsection, the franchising authority shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the cable operator Such decision shall state the reasons therefor (d)Basis for denial Any denial of a proposal for renewal that has been submitted in compliance with subsection (b) of this section shall be based on one or more adverse findings made with respect to the factors described in subparagraphs (A) through (D) of subsection (c)(1) of this section, pursuant to the record of the proceeding under subsection (c) of this section A franchising authority may not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under subsection (c)(1)(A) of this section or on events considered under subsection (c)(1)(B) of this section in any case in which a violation of the franchise or the events considered under subsection (c)(1)(B) of this section occur after the effective date of this subchapter unless the franchising authority has provided the operator with notice and the opportunity to cure, or in any case ul which it is documented that the franchising authority has waived its right to object, or the cable operator gives written nonce of a failure or inability to cure and the franchising authority fails to object within a reasonable time after receipt of such nonce (e)Judicial review,grounds for relief (1) Any cable operator whose proposal for renewal has been denied by a final decision of a franclusing authority made pursuant to this section, or has been adversely affected by a failure of the franchising authority to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to Copr C West 2002 No Claim to Ong U S Govt Works F.F+n• /7nan+ ,.,nn4l�ur n...H lrl c�ln.n., L.�..•In,�,.,,,i_�i,,,p .J.,L_ J_ e tin r r n n n n n n n- n---- � r. � •-. �- Page 4 of 5 47 USCA§ 546 Page 4 47USCA § 546 the provisions of section 555 of this title (2)The court shall grant appropriate relief if the court finds that-- (A) any action of the franchising authority, other than harmless error, is not in compliance with the procedural requirements of this section, or (B) in the event of a final decision of the franchising authority denying the renewal proposal, the operator has demonstrated that the adverse finding of the franchising authority with respect to each of the factors described in subparagraphs (A) through (D) of subsection(c)(1) of this section on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (c) of this section (f) Finality of administrative decision Any decision of a franchising authority on a proposal for renewal shall not be considered final unless all administrative review by the State has occurred or the opportunity therefor has lapsed. (g) "Franchise expiration" defined For purposes of this section, the term "franchise expiration" means the date of the expiration of the tern of the francluse, as provided under the franchise, as it was in effect on October 30, 1994 (h) Alternative renewal procedures Notwithstanding the provisions of subsections (a) through (g) of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time, and a franchising authority mav, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced) The provisions of subsections (a) through (g) of this section shall not apply to a decision to grant or deny a proposal under this subsection The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections(a)through(g)of this section (i)Effect of renewal procedures upon action to revoke franchise for cause Notwithstanding the provisions of subsections (a) through (h) of this section, any lawful action to revoke a cable operator's franchise for cause shall not be negated by the subsequent initiation of renewal proceedings by the cable operator under this section CREDIT(S) 2001 Main Volume 0 Copr v West 2002 No Claim to Ong U S Govt Works htto:/Ionntwestlaw corn/delivery f)nnnn rr,-)nnnn Page 5 of 5 47 USCA § 546 Page 5 47USCA § 546 (June 19, 1934, c 652, Title VI, § 626, as added Oct 30, 1984, Pub L 98- 549, § 2, 98 Stat 2791, and amended Oct 5, 1992,Pub L 102-385, § 18, 106 Stat 1493 47USCA. § 546 47 USCA§ 546 END OF DOCUMENT Copr ©West 2002 No Claim to Ong U S Govt Works httn•//nrint wactlaw mm/rlplivonr htmlAiocf=atnQriatm1,4—BMccQnnnnnnI nnnnn c 11 n rnnnn REPORTS FROM S%,, 0ING COMMITTEESIAM STAFF A. COUNCIL PRESIDENT° B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE ' D. PUBLIC WORKS E. PLANNING COMMITTEE 3 e al- F. PARKS COMMITTEE j j -7—'zf n �nl G. ADMINISTRATIVE REPORTS ' � �+�'. .r 6&�� LAV REPORTS FROM SPECIAL COMMITIMES 1 i r i r i; CONTi p COIVUVIUINRIA1A. / k f 000 13 �o ha-r .�,e 75'6o o6d a 3,6'aa;1' M kz aAe- 8 . AA't- CA � t i i . 4,10 t Icy ^'� r7` •S A f � 3 x . i � r ' a i s F. CUTItESI ,SSION A) Contract Negotiations IN i t _ f f k Y E t F 6 ?•S i OPERATIONS COMMITTEE MINUTES MAY 79 2002 COMMITTEE MEMBERS PRESENT Chair Rico Yingling, Leona Orr, Judy Woods STAFF MEMBERS PRESENT Mike Martin, May Miller, Tom Brubaker, Jahn Hodgson, Marty Mulholland, Dan Meeker, Jim McKenney, Joye Honeycutt, Pam Gettman, Sue Lester, Chuck Miller, Stan Waldrop, Chris Beagle, Galen Hirschi, Cliff Craig, Dea Drake, Jackie Bicknell The meeting was called to order by Chair Rico Yingling at 4 10 PM Approval of Minutes of April 16, 2002 Committee Member Leona Orr moved to approve the minutes of April 16, 2002 The motion was seconded by Committee Member Judy Woods and passed 3-0 Approval of Vouchers Dated April 30, 2002 Judy Woods moved to approve the vouchers dated April 30, 2002 The motion was seconded by Leona Orr and passed 3-0 Technology Plan 2002 Information Technology Director Marty Mulholland said that in 1998 the Council had approved a $12 8 million Technology Plan which built the whole City network, replacing the financial system and some other enterprise systems that had broad implications, like the permit and licensing systems A new email system and web site were provided, along with PC replacement programs and office tools Taking that as a baseline, staff began to plan as early as the summer of 2000 and more rigorously last summer for the 2002 Plan, which will cost $7 01 million and should be completed over the next 3-4 years Some of the key things of the plan will be replacing the City's 14 year old police system and the network backbone (staff is hoping to advance that by one year), put some money in security systems, and replace some end user equipment The plan calls for a life cycle replacement for the network servers and some of the software systems, and part of it will be to participate as a pilot in a Washington State Program called the "One-Stop" State and City Master Business License Program The Five Main Points of the Executive Summary :• The Plan is consistent with Council's target goals to have dependable and reliable technology and a safe community Largely, the plan is one of replacement, and is a program that avoids risk To that end, it will support Operations Committee, 5/7/02 2 dependable operations, not only for the City enterprise technology, but also for the Police Department so they can serve the community better ❖ This plan considers the current economic climate in the light of City objectives. Last summer the plan was an $11-12 million dollar investment Staff went through a number of budget meetings to reduce its scope and removed or reduced some projects, deferred some things, and took some things off the table. Criteria that drove an item to the top of the list 1 The first criteria was seeing a long standing commitment to and/or investment in the system or project—for example, the police system, which staff has been working on for several years Another example would be document Imaging where documents can be scanned to eliminate a reliance on paper That's being used by many departments and many functions and is in line with some of the records programs as well 2 The second criteria was life cycle investments to maintain infrastructure and operation Examples would be replacements of equipment and software systems (such as for Police) as they age 3 The third criteria was whether a financial benefit would be provided to the City The Master Business License project may bring in additional revenue In the case of Microsoft, there are time sensitive decisions where it may be pay now or pay more later. 4 The fourth criteria was a reduction in risk to the City One example is the cashiering system where automating the function would reduce the risk associated with handling a lot of cash There is some risk to the network backbone in terms of failure points for the network 5 The 5ih criteria was that the item should provide operational efficiencies Some of the manual processes in cashiering will be streamlined, and it will cost less to upgrade and less operationally than continuing to struggle with older version products Some things will be consolidated or eliminated in network administration to streamline operations in that area A key point of the overall plan is the $7 million investment, with $3 million for public safety (largely police) •:• The fourth main point is unifying and streamlining the network infrastructure and operating systems (the City is currently using two systems) The final point (also recommended in the last plan and even though the City plans capital budgets on a six year timeline) is that technology should be looked at on a three year timeline as it's constantly moving and changing Deputy Police Chief Chuck Miller said the Police Department started working with Information Technology several years ago when it was realized that the present system wasn't going to be supported in a way that was needed and started Operations Committee, 5/7/02 3 • developing plans on how to proceed in determining what would be needed in a new system. (Senior Systems Analyst Pam Gettman has been the main contact to work with both Fire and Police, along with Systems Division Manager Stan Waldrop ) As part of the designing process, staff started attending various conferences and looking at the technology and refining the needs A year ago, an RFP was sent out and proposals came in from 9 vendors. A seven member governance committee was selected from the Police Department, representing Corrections, Records, Detectives, and Patrol, to look at the RFP's and oversee selection of a vendor After narrowing the selection, the vendors were asked to come to the City and give demonstrations, and the selection was then narrowed to three vendors A team of five people was then sent to three different locations in the United States to see the software in use (especially by jails, because that has been the area of the biggest headache) In explaining what was wrong with the current system, Chief Miller said there were actually two systems, one at the jail and one in the Police Department, which don't talk to each other Also, the jail program is not 2000 compliant and when a person was booked in the year 2000, the system showed a booking date of 1900, in 2001 , it showed a booking date of 1901 That created a couple of problems, the bookings were listed chronologically, so the latest was at the very bottom instead of the top, and the system uses a different calendar (a leap year situation that may have occurred in 1900 but not now could have an impact) Also, the system itself is not being supported CDS, the original vendor for the program, has been purchased two different times and the system is now supported by the West Covina Police Department The technician there that knew the programming no longer works for them and they don't have anybody that can come to Kent to take care of problems that might occur If the system were to crash, there would be no support and staff would have to go back to booking and releasing people by hand Also, the Hewlett Packard system that supports the program will no longer be supporting the system in 3-4 years, and replacing that would have an impact on the current system Staff expects to gain efficiency from the new program An oversimplification of how it would work are the Valley Comm dispatches which provide a certain amount of information on the CAD screen. That information would be downloaded directly into a report form and the report form would be available to the jail so they could pull certain information from it and wouldn't have to duplicate entries. The records system would have the same report downloaded directly into the records rather than having to transcribe and transfer all of the information from a hand written report like it's done now, and it would allow for a single source inquiry where a person could go to one place and dig up whatever information was needed There are also wireless programs that go with the system which would allow direct access to the record system without having to use the CAD system to send a message to the station, have someone look up the wanted information, and then send it back or use the radio or telephone Chief Miller said the system would also aid in crime analysis. Operations Committee, 5/7/02 4 Marty Mulholland noted that upon Council approval of the overall plan, rigorous contract negotiations would begin with the top vendor and then the program would be brought back with a complete recommendation for implementing the systems. Senior Network Specialist Galen Hirschi informed the Committee that the "backbone" refers to the computer equipment in the data center and is the core of all of the technology that passes back and forth along the wire All of the computers in the City, both at remote sites and on the City Hall campus area, connect to the network, talking back and forth and traveling across the pieces of equipment that is referred to as the backbone. Mr Hirschi said the email system, all of the business systems, and almost any technology used in the City crosses across the backbone It is a key and critical component to delivering City business functions to the employees and citizens. The current backbone, by New Bridge Solution, was purchased in 1998. It has worked wonderfully over the past four years and, typically, has a life span of five years. In 1999, New Bridge was purchased by another company called Alcatel, who had a competing product and they slowly let the New Bridge product fade away. Along with that went the support. Over the past couple of years, staff has been able to keep things running by finding equipment from third party vendors and using different solutions, but it has gotten to a point now where the equipment and expertise of support can't be found It supports all of the City's technology and because of its function, a single point of failure could be disastrous If some of the core equipment were to fail and a replacement couldn t be found, the email system and all communication among all the computers in the City — the business systems, the financial systems, everything that runs across the core backbone —would fail Three consultants were brought in last year to look at the City's design, structure, and future technology plans Three written reports were received back that all identified the network backbone as the number one priority issue that seriously needed to be addressed The next step to the process at that time was internal research and design work Companies for the next phase or backbone were identified and that was then limited to two key players Cqnsultants were brought in this last March to review the designs and to give a recommendation They and I T both agreed on the single vendor solution of using Cisco Gigabit Ethernet. The plan would be implemented in two phases Phase 1 would occur this year and would replace all those key components that can't be found or replaced that are off support. Phase 2 would start in 2003 and would replace the rest of the existing network infrastructure with Cisco equipment The equipment that gets replaced in Phase 2 would be at end of life, which is typically five years, and that is why the plan has been broken into two phases 0 Operations Comanttee, 5/7/02 5 Rico Yingling asked if the equipment to be replaced would have any value. Mr Hirschi said that because the product wasn't being manufactured anymore and there was no support, it wouldn't have much value An implementation plan and team would be put together to look into moving and disposing of the equipment In the past, a variety of things have been done such as internal auctions and eBay auctions Marty Mulholland added that some of the choices made would have implications forthe City Microsoft operating systems like Windows 95, Windows 98, Windows 2000, etc., are used on City computers (The most recent operating systems is Windows XP ) The City also uses Microsoft's Office Suite of Word Processing, Excel, Power Point, and Access, and Microsoft products are used for the City's email system As part of the Plan, Novell would be eliminated and Microsoft fully utilized for the network. The City would become a complete Microsoft shop and those systems would literally be the baseline systems on the computers used to communicate, do work, and plan Some systems the City has purchased over the last few years can talk to Microsoft systems For Example, with the JDE system, data can be sent to Excel to be further analyzed and journal entries prepared and posted up to the financial system from Excel Upgrades and dependencies are things that constantly evolve For example, the City still has a fair amount of Windows 95 (which is really at end of life) PC • operating systems (of the 800 City computers, Windows 95 is on 220-230 machines) The new network clients and the new police system will not support Windows 95 clients, and even some of the more recent versions do not manage memory as well As new releases of products come out, they demand more horsepower on the desktop The whole City is using Office 97, so the Office Suite is now two versions old (Office 2000 was skipped and the current release is Office XP ) Microsoft has eliminated one of the upgrade programs the City has used in the past to purchase Microsoft software that brought a price break for upgrading one or two releases at a time They have introduced a variety of new programs that have new upgrade mechanisms that carry some price advantages, but if those aren't used, it means the full version cost has to be paid in the future Just for the Office Suite alone that could amount to a $40-50 thousand difference. There are also a variety of ongoing programs often involving three year commitments on the part of the City which means operating costs could stay at current levels The City has typically purchased from state contracts, but there are also other government open-licensing options that can be looked at. The state has not concluded their negotiations with the terms, and in some cases the prices, for those ongoing programs, so staff hasn't been able to fully analyze them and make a recommendation — but that needs to be done by June. Ms Mulholland said the issue would need to return to the last Operations meeting in June and be concluded in July because the programs have to be entered into in Operations Committee, 5/7/02 6 July—or a commitment made to something else. $195,000 would allow . purchase of the most current releases, which could then be deployed. Finance Director May Miller said that the City had known the Phase II Plan was coming and had planned for it as part of the Six Year Capital Plan over the last two years, so it was part of the annual budget. The debt service and the bond issue were budgeted last year, although it has been reduced in scope and both the total projects and the bond piece are less than what had been anticipated Ms Miller stated that it was important that the Technology II Plan be funded now and the risks mitigated, as it was a critical investment for core systems Marty Mulholland added that, as far as operating budget impacts of the Plan, some efficiencies would be gained through streamlining operations, but there would be cost impacts of introducing the systems and their maintenance over time In 2002 there would be very little impact, but that would begin to move up in 2003 because of overlap in systems and having to pay support for two systems (Usually, the first year support is funded through the project and it's the second year that affects the operating budget.) In 2004 there would start to be a reduction as some of the overlap goes away There would not be any staffing charges as part of the overall plan, but implementation assistants would be brought in for some of the projects Council President Tim Clark said that one of his concerns was jumping to the XP . upgrade because there would then be a need for more memory in the older machinery and a possible non-capability of workers in various workstations to complement with the mainstream Ms Mulholland agreed it was a constantly evolving cycle and noted that because the Office Suite was two versions back, she would recommend a PC program replacement The old version has enough conflicts that getting more current would improve operations, and there is technology available that allows ghosting the machines and preparing them fairly quickly and readily Judy Woods moved to recommend that Council approve Technology Plan 2002; to establish a project budget of$7.01 million; approve an intent to authorize issuance of LTGO (Councilmanic) bonds in amounts not to exceed $2 million in 2002 and $4 million in 2004 to partially fund implementation of the Plan; and authorize the Mayor to sign purchase orders subject to the City's purchasing rules for bidding, RFP, and RFQ requirements without further Council approval in amounts up to $50,000 for purchases made in implementation of the Technology Plan, as approved. The motion was seconded by Leona Orr and passed 3-0. March Financial Report May Miller handed out the March Financial Report and gave a short summary The General Fund revenue and expenditures, shown on Pages 10-11, show that revenue is continuing to lag behind and is, right now, 4 1% behind through the Operations Committee, 5/7/02 7 end of March. Expenditures are more than compensating for that as the City is holding the line on positions Utility Taxes continue to be behind because of electricity The rate increase did not go through when expected and wasn't as much as had been wanted Plan Check and Permit Fees are also behind and contirwe to impact revenue Ms Miller handed out a first quarter golf report and said Golf was a bit behind in operations, but only a small portion of the revenue is received in the first three months and it's been rainy and cold Golf Operations, like the General Fund, have been holding the line on expenditures to help offset the fact that the revenue is coming in a bit short, but there is merchandise cost of goods sold for the first time in March Rico Yingling asked that the Golf Report be put on the agenda for the next meeting The meeting adjourned at 5 05 PM Jackie Bicknell City Council Secretary PUBLIC WORKS COMMITTEE MINUTES MAY 61 2002 COMMITTEE MEMBERS PRESENT: Chair Leona Orr, Julie Peterson, Rico Yingling STAFF MEMBERS PRESENT Don Wickstrom, Dena Laurent, John Hawkins, Dave Brock, Phil Noppe, Bill Wolinski, Stan Wade, Pat Fitzpatrick, Tim Clark, Jackie Bicknell PUBLIC PRESENT Jim Rust, Elsy Rust, Ralph Nelson The meeting was called to order by Chair Leona Orr at 5 08 PM Two items were added to the agenda "Meadow Hills Sanitary Sewer" and "South County Area Transportation Board Technical Advisory Committee" Approval of Minutes of April 15, 2002 Committee Member Rico Yingling moved to approve the minutes of April 15, 2002 The motion was seconded by Committee Member Julie Peterson and passed 3-0 SE 256`h Flume Restoration Project — Condemnation Public Works Director Don Wickstrom said there was a box culvert or open concrete channel on 256t" Street, which the highly productive Meridian branch of Soos Creek flows through into Soos Creek, and the concrete box structure needs to be replaced with a natural stream for fish habitat An easement, needed for drainage purposes so the stream can be constructed, would give the City rights to build, maintain, and operate the facility, along with access to it There should be minimal maintenance on the stream if the project is done right The City has been dealing with three different properties on getting the easement King County has already granted an easement (or is willing to do so) and wants to see the project implemented, Soos Creek Sewer and Water District, who is in the process of building a new pump station, owns a big parcel and staff thinks they can work with them in getting the easement through that property, and the City has been in negotiations for some time with a third property, a small tract right in the middle, which is mostly wetlands The owners of that property want $90,000 but the City appraiser came up with a maximum of $40,000, so condemnation proceedings may be necessary if an agreement can't be reached in time. The construction would be within the wetland area and the Corps of Engineers would build the project. As part of the match, the City has to do the plans, secure the properties or easements, and get the local permits The project was included in the Capital Improvement Program as a multimillion dollar project, and taking advantage of the Corps' building it will save a lot of money Pubhc Works Committee, 5/6/02 2 Julie Peterson asked if the owners of the third parcel would be paid under the condemnation. Mr Wickstrom said fair market value has to be paid for property in a condemnation proceeding, and that involves two steps — going to court to prove use and necessity, and then having the court establish the value Rico Yingling recommended authorization to adopt the respective condemnation ordinance should current property negotiations fail. The motion was seconded by Julie Peterson and passed 3-0. S 21 a`h Street/Garrison Creek Water Main Relocation — Accept as Complete Don Wickstrom said the S. 218m Street/Garrison Creek Water Main Relocation Project had exceeded the contracted amount The awarded amount was $446,350 48 but final construction costs were $127,687 65. There were problems with the bridge itself and there wasn't any free board on which to inspect the bridge The intent was to raise the waterlines to give a bit of free board, clean it out one more time, and armor the bridge in conjunction with raising the water pipes After inspecting the bridge, it was found to have some bad struts, which had to be replaced, and valves were added to the water main for shut off in the event of an earthquake Also, the City work crews did some damage to Mr Bauer's property to the south and restoration work needed to be done for that property (Mr Wickstrom commented that Mr Bauer had always assisted in letting the City crews on his property and had always been a good neighbor ) The other issue was that the road faded and had to be restored. Julie Peterson stated that the overage amount was substantial and asked if any of it could have been anticipated, such as the road repair Mr Wickstrom said the project had been put together relatively late in the year in order to try to prepare for winter, and the contractor was inexperienced, but the structural damage to the bridge and not being able to get under it to inspect it were things that couldn't be accounted for Julie Peterson moved to recommend Council acceptance of this project as complete. The motion was seconded by Rico Yingling and passed 3-0. 272nd/2771h Wetland Mitigation Improvements — Accept Don Wickstrom said there were about $17,000 in change orders on the 272nd/277`h Wetland Mitigation Improvements Project related to a combination of minor, miscellaneous things like additional asphalt for restoration (When they were digging out the slabs they found voids underneath which had to be backfilled.) The balance was related to quantity overruns The wetland is located on the west side of the Green River where the Green River Road and the road that surrounds the county park come together The 14 acres were enhanced and expanded to secure mitigation for impacts done as part of the 2771h project Public Works Committee, 5/6/02 3 Rico Yingling recommended Council acceptance of this project as complete. The motion was seconded by Julie Peterson and passed 3-0. West Hill Traffic Signal Interconnect— Accept Don Wickstrom said the work crews ran into three problems on the West Hill Traffic Signal Interconnect Project. It was thought there was conduit under some driveways west of the golf course, but there wasn't, and the crews had to work around that The connection was originally going to be with a pole on the other side of 516 and the west side of Meeker Street, but there was a telephone pole there, not a power pole, and it was damaged, so the crew had to work its way to a different pole to run the wires At Kent-Des Moines and Reith Road, the existing conduit was too deep to use to get to the signal so that had to be redone There was about $125,000 in funds available and the original intent was to just run the interconnect out Kent Kangley on the East Hill area, but since good bids were received on that job, there was enough money to interconnect everything from the valley to the West Hill into the City's master computer system Now the complete City system is on the master controller (about twice as much as had originally been intended), and that runs all the signals from Pacific Highway to the west, to 152nd and Kent Kangley to the east In response to Julie Peterson's questions about the budget, Mr Wickstrom said some reallocation of funds was done, and money from the Miscellaneous Signal Fund was used to pick up the difference Some of the projects are mixed pieces of a much larger project such as the $33 million, 277«' Street Corridor Project This particular contract came in over budget, but other contracts have come in under budget As long as the project has adequate funds to accomplish what was originally proposed, then overages are not an issue Some contracts are multi phase contracts, and when a contract is accepted and it goes over budget by 10%, it's automatically brought back to Council (Contracts that come in under budget are not brought back ) Julie Peterson moved to recommend Council acceptance of this project as complete. The motion was seconded by Rico Yingling and passed 3-0. S 277`"ISE 2741" Way Corridor Proiect— Accept as Complete Don Wickstrom said the county, in conjunction with the 277`" Project, needed to build an interceptor before Kent built the road They contracted with the City to build the interceptor which took place as part of the project, and then they added an energy dissipater right at the bridge for protection in the event of an earthquake (so if the sewer line broke it wouldn't knock out the bridge) Over $1 5 million, which the county paid, was added to the contract for the energy dissipater Puget Sound Energy also added about $29,000 of additional work to the contract during the undergrounding process along 274t', plus they also had some claims because of inefficiencies The City crews had to wait for them to do the work and that added delays and work to the contract (for which the City could go after reimbursement) The bridge settlement issue added another cost, and this was just before ESA Public Works Committee, 5/6/02 4 officially went into effect, so it was important it was bid in the contract at the time. The contract was sent out to bid once but an error was made and it was re-bid There was no time to change a girder design, so that was done as a change order which accounted for $82,000. During the heavy rains, there was sloughing and a slide from the hillside and restoration work amounted to $58,000. The City couldn't handle all the needed survey staking with the manpower available, so the contractor provided his own survey and construction, and that added $58,000 to the work. There were multiple contracts going on at the same time, and because schedules don't always mesh, some work had to be dropped from one contractor(the road work) and given to another contractor to finish so there would be a smooth transition versus abrupt (If one contractor had been held up until the other was done, there would have been a claim, so work was taken from one and given to the other ) Mr Wickstrom emphasized that there were only 6 3% in change orders in relation to the project itself The rest of the overage was mostly add-ons Rico Yingling recommended that the Council accept this project as complete. The motion was seconded by Julie Peterson and passed 3-0. Proposed Surface Water Design Manual Don Wickstrom said that the City's existing Design Manual for Storm Water Control was out of date and, to meet the ESA requirements, staff had been trying to bring it up to the county standards, which have been adopted by most of the surrounding cities By 2003, the City is required to get the pollution elimination discharge permit (which requirement is managed though DOE, who has essentially adopted the King County standards with some changes). The county is in the process of updating their standards to be even more stringent than what the City is proposing for adoption, and the City may be faced with updating again in 2003 Environmental Engineering Manager Bill Wolinski gave a Power Point presentation on stormwater standards He said the City had last updated stormwater standards about 10 years ago, and that the Stormwater Management field is probably one of the most rapidly changing fields in environmental engineering A lot of information has been developed and a better understanding has been gained through the work underway The City is under requirement to keep current with management of stormwater from development or redevelopment, and there is a lot of activity under the Endangered Species Act, where stormwater management is one of the principle areas of concern because it has a direct impact on streams and fish habitat. There is a lot of concern about using best available science and technology for dealing with stormwater The Clean Water Act is a federal requirement that all municipalities of a certain population size apply and become permitted for in 2003, and it sets fairly tight standards as far as what has to be followed for stormwater management. A lot of activities have gone on at the state level, and the Department Public Works Committee, 5/6/02 5 . of Ecology has been working on updating their requirements, basically using the King County work as a foundation for their work. It's widely known throughout the state that the King County Manual of 1998 is probably the best available storm surface water design manual available, and a lot of jurisdictions have already adopted the manual In developing the King County 1998 update, there was widespread public awareness and outreach to the environment and development communities, and to engineering consultants The King County manual has been reviewed by the National Marine Fisheries and US Fish and Wildlife and is considered to be the minimum requirements with regard to surface water management Over the last 10 years, as new developments have occurred, the City has put together development assistance brochures, creating a hodgepodge between the original manual and the associated brochures, and it's chaotic for the development community to use it in its present form There's been widespread review and peer review of all the contents of the manual Through the help of the consultant firm, Entranco, and Phil Noppe, City Stormwater Engineer, the 1998 manual has been scrutinized over the last couple of years to make sure it is compatible with the way things operate in the City and to make sure the City's own well established requirements are incorporated There has been a big revamping of the City's permit and development review processing program, and the procedural requirements in the new manual need to be compatible with that A lot of the valley streams violate state standards for heavy metals and sediment, etc , and part of the improvements received from the new standards will be employing better technology to control the impacts of new development or redevelopment on pollution loadings to the streams Adopting the manual, basically, minimizes the City's risk, both from lawsuits from property owners (as far as impacts on development), and risk on citizen lawsuits under the Endangered Species Act Implementing the new standards will cost more and adopting them will result in an increase, by three times, in the volume of the detention ponds (required because sizing the ponds by using the old methodologies doesn't give an adequate size facility), and with the combination of the increase in volume of the ponds and additional water quality treatment, the amount of land area devoted to stormwater control will be about doubled from what exists right now Julie Peterson asked if the regulations would apply to both residential and commercial construction Don W ickstrom said they would Two-lot short plats are exempt, but the rule of thumb has been four-lot short plats Bill Wolinski added that there were some minimal requirements on an individual home but that was usually a dispersion — the roof leaders or downspout infiltration. Council President Tim Clark said the Clean Water Act had brought significant stress to the greater region of Puget Sound, and Metro has been tagged with tertiary water treatment The City has responsibilities with the WRIA, the Clean Water Act Public Works Committee, 5/6/02 6 (specifically for the Green River in terms of how it flows through the community), and . there are the issues with the Endangered Species Act Because the Green River flows through Kent's jurisdiction and Kent is part of WRIA 9 (the WRIA's are the basins of the river), and it's a mandate from the Department of Ecology (which is an outgrowth of the ESA) to work on fish, a number of areas on the valley floor are fairly stressed because of development. The flood plain on the valley floor brings some particular challenges in dealing with development requirements to protect the Green River and flooding, and a comprehensive look needs to be taken of the stresses that the urban area is facing. Right now, the state is trying to deal with capturing what the harvestable level of salmon should be in respective rivers that flow into Puget Sound and the federal government is starting to move away from federal support for that and will hand it off to the state Since the state has no money, they will hand it off to the local jurisdictions Adopting the King County Standard is not only a good preventative measure but becomes an illustration that the City is taking aggressive steps, which could save significant money later on down the line Rico Yingling asked what the best science was on reusing rain water versus putting it back in the ground. Bill Wolinski said it was probably a combination of both A lot of the problems in the stream systems are a result of not mimicking nature in the way stormwater is managed. Stormwater is controlled in ponds and held back and then released at a slower rate so there is less water being put back into the ground than would have occurred in a natural condition Then when summer comes, there's not as much water stored to discharge back into streams, so the streams are drier . than they would be in a natural state and they're more affected by temperature They heat up because there's less volume and, the hotter it is, the less oxygen there is in the water Mr Wolinski said it's a balancing act between making sure enough water gets back in the ground and using some of the excess A lot of storms give off a lot more water than the ground can absorb and that could readily be harvested It is a complex issue and the manual is only starting to approach that part Rico Yingling recommended Council authorization to adopt the appropriate ordinance establishing the new City of Kent Surface Water Design Manual. The motion was seconded by Julie Peterson and passed 3-0. Meadow Hills Sanitary Sewer Don Wickstrom said a force main failed at the Meadow Hills pump station, which is in the vicinity of 256i" and 123`', right across the street from the Kent School District Administration Building. As a result, use of that station was stopped and sewage has been trucked by tanker, which costs around $13,000 a week (The unfortunate part is that this fall, there was going to be a bid for construction of a gravity main to intercept that pump station and take it out of service, anyway.) To replace the force main would be about $30,000. The biggest issue is that the people in that area have suffered two years of road construction, and staff doesn't want to go in and tear up a new road and rebuild a Public Works Committee, 5/6/02 7 force main. So, the sewer construction project has been speeded up Time is important and staff would like to add the item to the Council agenda for tomorrow evening A supplier said he could fix the problem with a special inside plug, so the City spent $4,000 for that work. A report just received back today said that the plug pressure tested okay That part will save the $13,000 per week expenditure for trucking the sewage. Julie Peterson moved to recommend that the Mayor be authorized to award the Meadow Hills Sanitary Sewer contract to the apparent low bidder upon concurrence therewith of the Public Works Director. The motion was seconded by Rico Yingling and passed 3-0. South County Area Transportation Board (SCATBd) Technical Advisory Board Assistant Chief Administrative Officer Dena Laurent said that last Thursday the three county executives from Pierce, Snohomish, and King County released a list of transportation projects and funding mechanisms for the region to consider The state package, Referendum 51, is already on the November ballot and staff worked very hard during the legislative session to advocate for projects that would benefit South King County There was great success in getting some funding for SR 509, 1-5 HOV lanes in South King County, 228"' Street Corridor moneX through the Freight Mobility Board, design money for the interchange at 277 /272nd, the 405/167 interchange, and some HOV work on SR 167, in addition to direct distribution dollars that will come right to Kent The state package is based largely on a 9 cent gas tax phased over 2 years, 1% sales tax on vehicles, and an increase in the weight fee for trucks The #6140 bill that authorized the regional package gave any two contiguous counties of the three county area an opportunity to take to the ballot a list of projects and funding mechanisms which included an up to $100 vehicle registration fee and up to 0 5% sales tax to cover the projects To make the decision about what projects would be selected to take forward to the voters, the bill specifies that two county councilmembers from each of the involved counties meet as a regional body to make those determinations The two people representing King County are King County Councilmembers Rob McKenna and Dwight Pelz, and Councilmember Julia Patterson is an alternate on the regional discussion The county executives have also been meeting to develop a project list They have been talking with Sound Transit about allowing voters to authorize additional Sound Transit tax capacity to build the train from Seattle to Northgate, and they have been talking with the cities of Seattle and Bellevue about the development of the project lists The county is looking for input from the cities between now and May 24th, and Public Works Director Don Wickstrom and his team have developed a list of important projects recommended for inclusion or funding by this package Ms Laurent said Public Works Couuruttee,516102 8 staff is looking for an indication from Council on which projects should be included in the regional package Don Wickstrom commented on the recommended list of projects. He said they all have to be on highways of statewide significance such as SR167, 1-5, Hwy 18, and 405, or on arterals that are at interchanges or leading to interchanges of highways of statewide significance. (One definition says if it's on an arterial, it could be up to the next intersection with a principle arterial.) The list of projects include the 2771h HOV facilities and interchange project from 1-5 to Pacific Highway, Star Lake Park and Ride lot (Sound Transit wants to build a flyer stop at that location), and an additional park and ride on Pacific Highway In the county's proposal there will be about $309 million set aside for freeway approaches and $365 million for priority arterials, so those are the areas Kent is targeting. Another project is the Burlington Northern/Union Pacific grade separation project at Willis. On the East side of the freeway, 516 is not classified as a highway of statewide significance but the railroad track is right at the interchange and within limited access of 167 so, hopefully, it will qualify because it's within the interchange Another project is trying to get 228t' funding out of the 520 program. $200 million is earmarked for 520, which with the statewide project, would put it to about $753 million total (which is what's needed to fund the project entirely) Funding the balance of the HOVs on 1-5 down to Pierce County has been proposed (The statewide project list has a chunk of money for that but doesn't fund it all ) A billion dollars is also going to 405 which is a local match to what the state had funded The key project there is a whole new interchange at SR 1 6 711-4 0 5, hopefully making it more favorable to commuters There was also some money in the freight core, but not enough and most of the money in the fast corridor project will be out of the statewide project that's earmarked for 228ih They have $50 million for South County Transit developments — one targeted for downtown Kent A rapid bus transit on Pacific Highway is also part of the overall program In the three county project list, Pierce County's list includes extending SR167 from Puyallup to Fife, connecting it and building HOV lanes to the Pierce County line In the statewide plan there is one HOV project on 167 from 15`h NW (by the race track) to 15`h SW (which is at the shopping center and close to the county line) If it were all to go in place, there would be full HOV, but what is probably really needed is a couple of general purpose lanes on SR 167 Right now, with the 405 project, lanes will be added on 167 down to 1800 It would be ideal if those lanes could go to 272nd but that would probably cost $200-250 million and is not shown on any plan The statewide plan has set aside $8 million to study the 167 corridor for future improvements and the City could try putting the project there, but a study hasn't been done on that. It would be beneficial to have at least another lane from Willis to 272nd 516 could go down to 2770 as there is a bottleneck right now between 516 and 277d' Public Works Committee, 5/6/02 9 Rico Yingling commented that he didn't like the looks of the King County Plan as they've got about $4.9 billion for road projects and $2 5 billion for buses, and what the voters and the community have been trying to say is that more roads need to be built Mr Wickstrom said that there's a lot of support for buses in Seattle, which is perceived as the people that will probably carry the vote, so the county is trying to play to that group Dena Laurent commented that the polling data was conducted before the end of the legislative session and before the statewide package was firm and the regional bill complete She noted that $1 billion of the money was for light rail Mr Yingling said $1 billion in the light rail extension would be asking people to put more money into a project that, obviously, was already in trouble He suggested the voters would become disenchanted and vote it down Leona Orr agreed with Mr Yingling and said having one-third of the money devoted to Metro for the bus system and a significant part to light rail would be a major stumbling block Tim Clark noted that the newspaper had said the King County Council did not concur with the King County Executive's recommendations on the plan, so there should be little doubt that the reimbursement to Sound Transit would take a heavy hit because the Council also feels it's unpalatable Sixty-five percent of the bus service is Seattle oriented but everybody in the county pays into the Metro system, so Kent and the South County are not getting the bus service they're supposed to be getting Mr Clark asked if there would be any viability to advocating more money in the fast race corridors and less to the bigger expense projects on the basis that would bring immediate economic impact to the area and benefit to the arterial network Don Wickstrom said the City was doing pretty good in the state plan because they were talking of including 228'h The City recently submitted the 228th fast corridor group for federal funding and that's been added as a regional project, and because the City was a partner in the fast corridor, a bunch of grade crossings were listed like Burlington Northern at Willis, and Northern Pacific at Willis and at 212w Those are still in the funding pot and staff is applying for federal funding on those crossings, but they don't fit in the regional plan Mr Wickstrom noted that $20 million for fast corridor had to be for a specific project as one crossing costs $15-20 million Leona Orr clarified that the state package would be voted on statewide, but the regional package would be voted on only in the three counties, so voters in the three counties would vote on both packages, but the voters in the rest of the state would vote on only one Dena Laurent said there had been some-opposition to the package in Pierce County, but even if the Pierce County Council chose not to be part of the package, it could go forward to the ballot with King and Snohomish Rico Yingling stated he would rather see a smaller tax package and have it include just the top road projects that the City wants to do Julie Peterson commented that limiting the list helps people find some accountability for whether things actually get done With a list of 40 projects, the perception is that it is easy for a lot of it to just Public Works Committee,5/6/02 10 fall off the radar screen and not get done but yet the tax money still be paid out for it Something concise and clear helps the process Don Wickstrom said that, at the bare minimum, the balance of 509 should be funded because that has great importance for Kent and relieves 1-5 tremendously The basic projects are 509, the interchange work at 167 and 405, and the completion of the HOVs on 1-5. Mr. Yingling stated that the regional projects were the right ones and the signal light synchronization was high on everybody's list. Dena Laurent said there was a question about timing —whether the regional package ought to go in November or after Some folks had suggested that next year's legislature could be different and might revise the plan to make it easier and better Leona Orr commented that if the state package fads in November and this package goes later, there could be an opportunity to bring back some things from the state package that were important Rico Yingling said he thought the sooner the better it would be for both the regional and state package to go to the voters Dena Laurent said staff would commit to keeping the Council informed, either by workshop item or Public Works Committee item over the next several weeks as the discussion heats up. The meeting adjourned at 6 54 PM Jackie Bicknell City Council Secretary